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06/17/2004 ..~ "II! ~ . .' ~:,'... - . City Council Agenda Date: 06/17/2004 6:00 PM Location: Council Chambers - City Hall Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10)minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (righthand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1 Call to Order 2 Invocation 3 Pledge of Allegiance 4 Introductions and Awards: 4.2 Award to Phillies 4.3 Beacon Award for Outstanding Government Programming (C-News TV) 4.4 Clearwater East-West Trail designated as a National Trail 4.5 All-America City Citizen Delegation 4.1 Service Awards 5 Presentations: 5.1 Proclamation - Homeownership Month - June 2004 5.2 Proclamation - Big Brothers Big Sisters Celebrates Its Centennial - June 15, 2004 5.3 Proclamation - Recreation and Parks Month - July 2004 5.4 Presentation - Certificate of Appreciation to Johnothan Babb 6 Approval of Minutes 6.1 City Council - May 20, 2004 7 Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 8 Administrative public hearings - Presentation of issues by City Staff - Statement of case by applicant or representative (5 min.). - Council Questions - Comments in support or opposition (3 min. per speaker or 10 min. maximum as spokesperson for others that have waived their time). - Council Questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 8.1 Approve the applicant's request to vacate that part of 30-foot street right-of-way of Evergreen Avenue that lies adjacent to the west property line of Lot 1, Block "C", Druid Heights Subdivision, (A.KA 1348 Turner Street), and pass Ordinance Number 7305-04 on first reading, 8.2 Approve applicant's request to vacate the 30-foot right-of-way portion of Evergreen Avenue that lies adjacent to Lot 1, Block A, Druid Heights Subdivision, (A.KA 1348 Druid Road), subject to retention of a drainage and utility easement over the full width of the street right-of-way to be vacated and pass Ordinance Number 7304-04 on first reading, 8.3 Approve the applicant's request to vacate that portion of the 60-foot right-of-way of Jasmine Way that lies between Block 28 and Block 33 of Magnolia Park Subdivision, subject to the vacation becoming effective only upon transfer of ownership of the adjoining property to GWllnvestments or its assignee, and pass Ordinance Number 7306-04 on first reading, (V2004-07 GWllnvestments), 8.4 Approve Amendment to the Clearwater Comprehensive Plan related to the adopted Beach by Design special area plan and Pass Ordinance No. 7295-04 on first reading. 8.5 Approve Amendments to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines and pass Ordinance No. 7294-04 on first reading. 9 Quasi-judicial public hearings 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 Council discussion, and may question any witness. Applicant may call witnesses in rebuttal (5 minutes). Conclusion by applicant (3 minutes). Decision. 9.1 Approve the Petition for Annexation, Land Use Plan Amendment from the Residential Urban (RU) Category (County) to the Residential Urban (RU) Category (City) and Zoning Atlas Amendment from the AE, Agriculture Estate Residential District (County) to the Low Medium Density Residential (LMDR) District (City) for 193 & 197 Elizabeth Avenue together with the abutting right of way easement of Elizabeth Avenue (consisting of metes and bounds 13/14 and 13/15 in Section 17, Township 29 South and Range 16 East); and PASS Ordinances #7296-04, #7297-04 & #7298-04 on first reading. 9.2 Approve the Annexation, Land Use Plan Amendment from Residential Low (RL) category to Residential High (RH) category, and Zoning Atlas Amendment from the Agricultural Estate (AE) District (County) to the Medium High Density Residential District (MHDR) (City) for property located at 2025 North Highland Avenue (consisting of a portion of Metes and Bounds 21/06,21/07 and 21/08 in Section 2, Township 29 South, Range 15 East) And Pass Ordinance Nos. 7299-04, 7300-04 & 7301-04 on first reading. 9.3 Approve the Land Use Plan Amendment from the Residential Urban (RU) category to the Recreation/Open Space (R/OS) category and Zoning Atlas Amendment from the Mobile Home Park (MHP)District to the Open Space/Recreation (OS/R) District for property located at 2950 Glen Oak Avenue (Kapok Mobile Home Park) (consisting of metes and bounds 41/02 in Section 8, Township 29 South, Range 16 East;) and PASS Ordinance Nos. 7302-04 & 7303-04 on first reading. 10 Second Readings - public hearing 10.1 Adopt Ordinance No. 7271-04 on second reading, approving the Petition for Annexation for 2135 Burnice Drive(Lot 24, Glen Ellyn Estates in Section 24, Township 24 South, Range 15 East). 10.2 Adopt Ordinance 7272-04 on second reading, approving the Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL)for 2135 Burnice Drive (Lot 24, Glen Ellyn Estates in Section 24, Township 29 South, Range 15 East) . 10.3 Adopt Ordinance No. 7273-04 on second reading, approving the Zoning Atlas Amendment from County R-3, Single Family Residential District to the City LMDR, Low Medium Density Residential district for 2135 Burnice Drive (Lot 24, Glen Ellyn Estates in Section 24, Township 29 South, Range 15 East). City Manager Reports 11 Consent Agenda 11.1 Authorize the City to designate Homes for Independence, Inc. as a Community Housing Development Organization (CHDO) and allocate via a CHDO Agreement, $76,650 in FY02-03 HOME Investment Partnership CHDO funds to be used towards the predevelopment costs of a special needs rental community and authorize the appropriate officials to execute same. 11.2 Reappoint Mr. Frederick I. Ziegler to a two-year term as a Trustee of the Clearwater Firefighters' Supplemental Trust Fund in accordance with Sec. 175.061 of the Florida State Statutes. 11.3 Accept a 1,135 square foot, more or less, Sanitary and Utility Easement granted by Discount Auto Parts, Inc. over and across a portion of the Northwest 1/4 of Section 8, Township 29 South, Range 16 East as more particularly described therein, conveyed in consideration of receipt of $5,000 and benefits to be derived therefrom. 11.4 Approve a work order supplement to Post, Buckley, Schuh & Jernigan, Inc. (PBSJ) in the amount of $384,999 for additional design and post-design services associated with the Beach Walk project and authorize the appropriate officials to execute same. 11.5 Approve the final plat for "Chautauqua Lake Estates", a proposed 46-lot single family subdivision located on the west side of Lake Chautauqua, 11.6 Approve a contract with Thomas L. Jones, to sell the West 1/2 of Lots 43 and 44, Block D, J. J. ELDRIDGE SUBDIVISION, for the total sum of $21 ,350, and authorize appropriate officials to execute same. 11.7 Award a contract to Luke Brothers, of Holiday, Florida, the lowest most responsive bid for the Exotic and Invasive Species Control Project in the amount $225,000.00 and approve the grant agreement with National Fish and Wildlife Foundation/Pinellas County Environmental Foundation (NF&WF/PCEF)for funding in the amount of $106,000 and authorize the appropriate officials to execute same. 11.8 Approve Change Order NO.2 for the North Beach Drainage Improvements Project (02-0007-EN) to Keystone Excavators, Inc. of Oldsmar, Florida increasing the contract amount by $85,672.40 for a new contract total of $712,104.80 and approve a time extension of thirty-five (35) days, 11.9 Approve the Work Order to TBE Group, Inc. for professional services to prepare an update to the Floodplain Management Plan in the amount of $35,670.60 and authorize the appropriate officials to execute same. 11.10 Appoint Joyce Gibbs to the Brownfields Advisory Board as agency representative with the term to expire on May 31, 2008. 11.11 Authorize the City Attorney to retain Rogers Towers as outside counsel in U.S. Supreme Court proceedings in the case of Granite State Outdoor Advertising v. City of Clearwater, in the total estimated amount of up to $80,000. 11.12 Approve the request from the Pelican Walk Parking Garage developer for an extension of time to initiate construction of the project and approve extending the construction deadline for commencement of construction of the Pelican Walk parking garage, from August 26, 2004 until March 31,2005 and necessary contract amendments to implement the extension. 11.13 Authorize the City Attorney to appeal final judgment in the case of School Board of Pinellas County v. City of Clearwater. Purchasing 11.14 2004 Sterling L7501 cab and chassis with Vac-Con sewer cleaner body. 11.15 2004 Caterpillar 950G wheel loader with attachments. 11.16 Maintenance of the city radio system during the contract period: July 1, 2004 through September 30, 2006. 11.17 15 each XL T5000 W9 mobile communications units installed and 24 each XTS 5000 portable radios with chargers. Appointments 12 Other items on City Manager Reports 12.1 Pass on first reading Ordinance #7308-04 and #7309-04 to amend the City's FY 2003/2004 Operating and Capital Improvement Program (CIP) budgets at mid-year. 12.2 Pass on first reading Ordinance 7279-04, authorizing the City Manager to reduce bond requirements under limited circumstances where the city's liability is less than the full contract price and authorize acceptance of alternate forms of surity. 12.3 Approve a Highway Landscape Reimbursement and Maintenance Memorandum of Agreement with the Florida Department of Transportation, District Seven in the amount of $712,600.00, so that aesthetic improvements can be made to a portion of SR 60 and Adopt Resolution No. 04-13 authorizing execution of said Highway Landscape Maintenance Memorandum of Agreement, 12.4 Appoint the Planning Committee responsible for updating the Floodplain Management Plan and adopt Resolution No. 04-15. 12.5 Provide direction reagarding the request by the Island Estates Civic Association to amend the Code of Ordinances to limit residential construction to a period of one year from the date of permitting. 12.6 Approve co-sponsorship and waiver of requested City fees and service charges for FY 2004-2005 special events including six annual City events; and seventeen City co-sponsored events; at an estimated gross cost of $516,934.06 ($119,500 representing cash contributions and $397,434.06 representing in-kind contributions) for the purposes of departmental budget submittals. 12.7 Approve the Signs and Miscellaneous chapter of the Downtown Design Guidelines. 12.8 Community Development Board Appointment with a term expiring on February 28, 2007. 12.9 IAFF Contract Negotiations Update 13 City Attorney Reports 14 City Manager Verbal Reports 14.1 South Beach Pavilion Operation 15 Council Discussion Items 15.1 Discuss conflicts with Aug 19 and Nov 18 Council Meeting Dates 15.2 Letter to Florida Department of Transportation (FDOT) re Design Issues on US 19 - Jonson 15.3 Council Travel Budget - Jonson 16 Other Council Action 17 Adjourn a~ .- CITY OF CLEARWATER Interdepartmental Correspondence TO: Mayor and Councilmembers FROM: Sue Diana, Assistant City Clerk SUBJECT: Follow up from June 14, 2004 Work Session COPIES: William B. Horne, City Manager DATE: June 15, 2004 Item #12.6 - Special Events - The objective of each event was requested and a spreadsheet is being provided. Item #12.7 - Signs and Misc Chapter of Design Guidelines - Picture of the requested sign will be provided Thursday night. City Council m",~g~~,,~a ~Q~~~.M~.~~m~~d u,~.w..." Tracking Number: 592 Actual Date: 06/17/2004 Subject / Recommendation: Service Awards Summary: The following employees be presented with service awards for their length of service in the employment of the City of Clearwater: 5 Year Earl Lee Ashley Solid Waste/General Services Florence J. Reichert Finance Chancee L. Anderson Public Services Mark L. Crellin Engineering 10 Year Julie Schultz Parks & Recreation Tamijo Watson Gas James A. Hornaday Gas Donald Hlinka Gas William D. Clark Gas Thomas C. Simak Engineering Carmine R. Tripi Solid Waste/General Services Mary Jo Fox Development Services Oliver M. Matthews Solid Waste/General Services Wendell G. Brown Solid Waste/General Services Dorothee P. Morrow Engineering 15 Years Dorothy A. Reehling Official Records & Legislative Isaac Hinson Parks & Recreation Alan H. Uhr Police Nick C. Gossman Police Thomas J.Bracalento Police Peter Tsagaratos Police Mary P.Cressman Parks &Recreation Vickie L. Davenport Human Resources 20 Years James Battle, Sr. Parks & Recreation Mark J. Behring Police Randy G. Holm Gas Marianna A. Mallon Police 25 Years Ronald A. Hamm Gas 30 Years Thomas Chaplinsky Development Services Originating: Human Resources 4.1 City Council m'''m'.''''m~~g~~~'~m~,Q~.~~M,~~,~ran~~.!!L...,.", Section Introductions and Awards: Category: Other ~ Other Financial Information: Bid Required? No Bid Exceptions: Impractical to Bid Review Approval Cvndie Goudeau Garrv Brumback Bill Horne 06-03-2004 14:46:27 05-19-2004 09: 13: 15 06-03-2004 10:36:34 City Council "~"~,~,.~,~,,,,,~Q,~~,~,M~~~~,~,du~..,...,m 3. 1 fjJ6 \ Tracking Number: 619 Actual Date: 06/17/2004 Subject / Recommendation: Approve the applicant's request to vacate that part of 30-foot street right-of-way of Evergreen Avenue that lies adjacent to the west property line of Lot 1, Block "C", Druid Heights Subdivision, (A.K.A. 1348 Turner Street), and pass Ordinance Number 7305-04 on first reading, Summary: * Subject of the vacation is an unimproved street right-of-way for which no future improvement is anticipated. * Progress Energy, Bright House Cable, Verizon and Knology Broadband of Florida have no objections to the proposed vacation. * The City of Clearwater has a water main in the subject right-of-way for which no easement will be needed as the City owns the property. * The right-of-way, once vacated, will become part of the Glen Oaks Stormwater Improvement Project. The City owns all adjacent property. * Public Works has no objections to the vacation request. Oriqinating: Engineering Section Administrative public hearings Cateqory: Vacation of Easements and Rights of Way Number of Hard Copies attached: 2 Public Hearing: Yes Advertised Dates: 05/30/2004 06/06/2004 financial Information: Review Approval Glen Bahnick Frank Gerlock 05-21-2004 14:04:45 06-07-2004 12:28:30 06-07-2004 16:22:58 05-24-2004 08:41: 17 06-07-2004 17:05:54 06-03-2004 13:51:33 Brvan Ruff Bill Horne Glen Bahnick Cvndie Goudeau Garry Brumback City Council ,.,."."",~B~"~"~"~ili cQ~~,~"M.~,~Qr~.~,,~.~m """ 06-07-2004 15:53:48 Location Map City of Clearwater I!Q.~T,~ Scale 1"~1,32Q', D~~g ~ ~ ~ ~ ~ CJ D JACKSON RD 'OREST RD 0 ~n~~~ RID:EWOOD5T ~ ~ ~!8 8 DIDDGDD'D 10 ~!Sl ~_ lul~i[ill!D l ! II ~;~ ~D;DI~'D'u~~I!5D~n~DID I I 0;1 GROVE I~D c=J r-:' 0 c=J ~~~OROVE ~ 5T z ~ ~ ~ c=J O~L-J D2ic=J I I LAURA J: ST NE I ~ ROm lAURA. 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I 00___ ~ iD~DH in~n~ ~ " ~U~U~ KINGSLEY ST r-IDJI I ~ QUEEN ST QUEEN I I I t...--:: " ~ 0 - ffi EASY ~ :I City of Clearwater, Florida Public Works Administration/En ineerin ate City of Clearwater Vacation Request 05110104 CITY OF CLEARWATER VAC 2004-06 S.D. Evergreen Avenue Right-at-Way located adjacent to the West lot line of Lot 1 ,Block C Druid Heights Subdivision eel 10f6 awn y S.K. ec y ec- WD- g 15-29S-15E 1 296B r mance 7305-04 NORTH RIW Vacation Reques BY APplicant 30' 1 EXHIBIT itA" Scale 1"= 1 00' 2 3 - - ---- --I- I I I I I I I I I I I 4 5 @ TURNER STREET 160 ~ 18 17 ~ ~ --------.------- oq: ~ W 1 2 a:: C) a:: ~ UJ 18 3 4 5 o PINE STREET 17 16 o 15 14 - ----t- I I 6 I I I I I I I I I 7 8 11 8 11 City of Clearwater, Florida Public Works Administration/En ineerin ale City of Clearwater Vacation Request 05/10/04 CITY OF CLEARWATER awn y SK ec e y S.D. 2968 13 12 6 7 13 12 Evergreen Avenue Right-Of-Way located adjacent to the West lot line of Lot 1 ,Block C Druid Heights Subdivision ec- wn- ng 15-29S-15E mance 7305-04 ~: ~N6 f ~: ~'l ORDINANCE NO. 7305-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE 30-FOOT RIGHT-OF-WAY OF EVERGREEN AVENUE, FORMERLY KNOWN AS EVERGREEN STREET, FROM THE WESTERLY EXTENSION OF THE SOUTH PROPERTY LINE OF LOT 1, BLOCK C, DRUID HEIGHTS SUBDIVISION TO THE WESTERLY EXTENSION OF THE NORTH PROPERTY LINE OF SAID LOT 1; PROVIDING AN EFFECTIVE DATE. WHEREAS, City of Clearwater 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 Council 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 COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: 30-foot right-of-way of Evergreen Avenue, formerly known as Evergreen Street, from the westerly extension of the south property line of Lot 1, Block C, Druid Heights Subdivision to the westerly extension of the north property line of said Lot 1, as recorded in Plat Book 24, Page 64, Public Records of Pinellas County, Florida is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING Ordinance No. 7305-04 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Bryan D. Ruff Assistant City Attorney Brian J. Aungst Mayor Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7305-04 City Council ~"""m~""~jJenda~,~O!.!M~.....,~.~mo-:!~"~"!!"!!!,~,,~,,,@~~.,,"~. t!..~2- Tracking Number: 617 Actual Date: 06/17/2004 Subject / Recommendation: Approve applicant's request to vacate the 30-foot right-of-way portion of Evergreen Avenue that lies adjacent to Lot 1, Block A, Druid Heights Subdivision, (A.K.A. 1348 Druid Road), subject to retention of a drainage and utility easement over the full width of the street right-of-way to be vacated and pass Ordinance Number 7304-04 on first reading, Summary: * Subject of vacation is an unimproved street right-of-way for which no future improvement is anticipated. * Progress Energy, Bright House Cable, Verizon and Knology Broadband of Florida have no objections to the proposed vacation. * The City of Clearwater has water and sanitary sewer facilites in the right-of-way which will remain protected by an easement. * Public Works Administration has no objections to the vacation request so long as a drainage and utility easement is retained over the full width of the street to be vacated. Originating: Engineering Section Administrative public hearings Category: Vacation of Easements and Rights of Way Number of Hard Copies attached: 2 Public Hearing: Yes Advertised Dates: 05/30/2004 06/06/2004 financial Information: Review Approval Glen Bahnick 05-21-2004 12:40:56 Brvan Ruff 06-07-2004 14:26:59 Glen Bahnick 05-24-2004 10:27: 14 Cvndie Goudeau 06-08-2004 16:07:04 Frank Gerlock 06-03-2004 13:54:01 8'.A EXHIBIT itA" Scale 1"=100' NORTH 1 2 3 4 5 6 @ ~ ~ PINE STREET :s q: ~ t'I IGt'I,.5 ~ D UID 4 C) 24- It ~ 18 17 16 15 14 13 1 LIJ quested . 11 Re 1 3 4 5 6 pJW vacatlO Iical1t 2 BY APP @ 30' DRUID ROAD ~ ~ 1 ~ 10 a:: 28 :s Q 1 q: ffi D ~ 51 ~ 2 ~ 11 26 CI) 29 ~ C) 2 It 0 3 3 ~ LIJ 12 25 30 City of Clearwater, Florida Public Works Administration/En ineerin ate City of Clearwater Vacation Request 05/07/04 DOHERTY awn y SK Evergreen Avenue Right-Of-Way ec y located adjacent to the S.D. West lot line of Lot 1 ,Block A I Druid Heights Subdivision mance 2968 7304-04 Location Map Doherty NORTH Scale J"=lJ20' 5 5 ~ oU~U~U L.-=' ~ ~I I u~u~ U~ ~ U Q D U~LJ~U~U U<U<lJ FOREST & RD er ~NEWOOO ~uST ~~~ RI~EWOOOST D~D 0 DiD~D~D~D~D~D ~D D~DiD~ OAKWOOD i i ~[illID S1 ~ ~ (Il C( - R: :::I CRESTVIEW S1 ~ S2 ~ ~~D c=J D;: ~ ~ :E c=J D p,oSEI'.'OoO D1 1\ ~n}d;~ ~D~D~~iD~U~~I!SD~D~D~D c=J D~~~D c=J ~ ~ ~ c=J ~GROVE t ST :5 ~ ~ ~ c=J D~c:::=J OI!Sc=J I I DD~D ~ I D~D~Dm ~ c=J~c=J D D~D [=:N~ !!IU ClEVELAND D~D ST 0 D ~iD>[5~~ c:=Joc=J ~ ClEVELANO wDwD~u ~ S1 c( PARK ST w ~ ~D PARK ~~ 3 ~ '( ',---"" c:;:::] n. , i '~''-----' --, "' L-J~ ~ ST ~ ~ERCE L>~ D ST_ ~ ":i'1!, ~ ~ERCE ST c=J~c==J~ Q~ ;uffiCE1D\Q ~~(]I~1J\[5EJ1,_~/)\'~ ~ E5 I ST Ig D~ ~ ~ !LJ~ ST ~ ~~ FRANm! ST DELEON ~~ ODD 0 DCOlJRT 8:~ \ ~ I I [=::J ~A ROSA ~ ~ ~ ~ BROWNEl~ ~ L--J c=J o r:;:J I ="'. "' I,~ll · I :al~noaonDl D I I w~ []] ill :z TURNER 0 ST PINE ST ~ ~D3 t ~c=J~c=J~c=J D~D~Do-D D~D!l!D D I I ' ~ ~NE" ST w ~:z z ~ ~ ~ :J LA c=J~c=J G "is ~ ~ DRUID Q 0 P .nln. I -- ql _..r;;), 0 8 6.6 IUiUl i =.~~~;~:~~ LOTUS PATH LOTUS PATH ~c=J~ Z SC <:) DO D iLOTUS PATH~ ~ C3 :E S1 JEFFORDS ~ S1 ~c::J~D~D c:=::Jgl I I I CJ;o' '::-~ ',I'd ut~R:~~n~ BARRY ~c:::J~D D .",IVS ~ MILTON ~ ST ~ i ~U~ ~ TUSKAWILLA S1 Tuskawlllll d' ~ C==:J z c==J ~ S1 Il D D~ c:=J~1 BRONNING I ;:.r=l iDUDH I I O..._~ ~ ID~DH iD~DST ~ ~ ~ ~ ~ ~ ;: ~ " KIN~EY ST ~ I QUEEN ST :~:N ~ ~~ I I ~ " z :> ~ ffi EASY ff ~ ; ~ City of Clearwater, Florida Public Works Administration/En ineering ate City of Clearwater Vacation Request 05/10/04 DOHERTY S.K. Evergreen Avenue Right-Ot-Way located adjacent to the West lot line at Lot 1 ,Block A Druid Heights Subdivision awn y ec y S.D. I 2968 7304-04 ~: G-Nb 7- Re',~,~ ORDINANCE NO. 7304-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE 30-FOOT RIGHT-OF-WAY OF EVERGREEN AVENUE, FORMERLY KNOWN AS EVERGREEN STREET, FROM THE WESTERLY EXTENSION OF THE SOUTHERLY LOT LINE OF LOT 1, BLOCK A, DRUID HEIGHTS SUBDIVISION SUBJECT TO A DRAINAGE AND UTILITY EASEMENT WHICH IS RETAINED OVER THE FULL WIDTH THEREOF; PROVIDING AN EFFECTIVE DATE. WHEREAS, Geri Doherty 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 Council 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 COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: 3D-foot right-of-way of Evergreen Avenue, formerly known as Evergreen Street, from the northerly right-of-way line of Druid Road to the westerly extension of the northerly lot line of Lot 1, Block "A," Druid Heights Subdivision as recorded in Plat Book 24, Page 64, Public Records of Pinellas County, Florida 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.7304-04 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Bryan D. Ruff Assistant City Attorney Brian J. Aungst Mayor Attest: Cynthia E. Goudeau City Clerk Ordinance NO.7304-04 g:3 City Council ^"~~H'~'" Ag~_12I da cO~~"~.",,M emo ~!' I:'~~ u ~H'~'~'''H'~~H,," Ef\163 Tracking Number: 622 Actual Date: 06/17/2004 Subject / Recommendation: Approve the applicant's request to vacate that portion of the 60-foot right-of-way of Jasmine Way that lies between Block 28 and Block 33 of Magnolia Park Subdivision, subject to the vacation becoming effective only upon transfer of ownership of the adjoining property to GWI Investments or its assignee, and pass Ordinance Number 7306-04 on first reading, (V2004-07 GWI Investments), Summary: * The applicant is requesting the vacation in order to redevelop the adjoining property into a townhouse development to be known as Jasmine Way Townhomes. * The property is presently developed with 25 residential units, applicant proposes to build a 45 unit townhome development. * Progress Energy, Verizon, Bright House Cable and Knology Broadband of Florida have no objections to the vacation request. * The City of Clearwater presently has storm, water and sanitary sewer facilites in the right-of-way to be vacated. * New easements will be required to protect access to these facilites as needed as part of the platting process for Jasmine Way Townhomes. * The preliminary plat and site plan for Jasmine Way Townhomes is scheduled for review as a flexible development case by the Community Development Board on June 15, 2004. * Public Works Adminstration has no objections to the vacation request. Originating: Engineering Section Administrative public hearings Category: Vacation of Easements and Rights of Way Number of Hard Copies attached: 2 Public Hearing: Yes Advertised Dates: 05/30/2004 06/06/2004 Financial Information: Review Approval Glen Bahnick 05-24-2004 13: 16:43 Brvan Ruff 06-08- 2004 10:40:46 Glen Bahnick 05-24-2004 13:23:45 Cvndie Goudeau Frank Gerlock City Council ~~~"""'''~ ~gen~a Coyer,. Mem~!a nd u *~~~."~~"_K~."_~_~_~K""~U~M__~"W~'~'K~~"".'" 06-08-2004 16:08:28 06-03-2004 13:52:28 EXHIBIT itA" Scale 1"= 1 00' NORTH I I DRUID ROAD WEST I I I I I I 6 I I 4 2 I I I I I I I 3 I 35 33 I HA~BOR ~KS 1-65 1 2 11 10 9 2 Vac tion Reque/ted By pp/icant 3 6 8 24 23 JASMINE WA Y :z: 60' 1 0 - ~ 36 a:: a:: 2 38 34 ~ 11 10 9 1 2 .... a:: fr 3 71 i: I ;:) I 6 8 69 67 0 4 I CI) I -----______1 MAGNOLIA DRIVE City of Clearwater, Florida Public Works Administration/En ineerin ate City of Clearwater Vacation Request 05/11/04 GWIINVESTMENTS awn y S.K. Jasmine Way Right-Ot-Way located adjacent to the South lot line ot Lots 5-8, Block 28 MAGNOLIA PARK mance 7306-04 ec e y S.D. 295B in I Location Map GWI Investments NORTH Scale 1"=1320' " lJ~l5 DUD D~D 0 rSON~ ~--~ o 0 rn::J D ~iD' 0 0 D,DIDDID! O D ~ OOREW D D~~id:b I ~~ 0 D~ t; w w~~ HENDRICKS" " 1 "GROVE ~~ i ~ ~~~D ~ D c:::::J ~ GROVE ~ ST 3 ~ D~~ LJDDD~D~ ID~D~ D~DiDffiQ DiU CLE~OST ~DID' D. · ~ "~'I!DsT ~6~6 ~E~~ ~U~E;D\n ~ ~K(]~ o C] 1 FRANKlIN>-1 D DST ~ ~; ~ui ~(J \lROT ST D ~ COURT ~ ~~ ~ ~~ b ~ .\j~ "ErD D 0 ~ w ,.ROWNEl~ ~ L:5A R I CHESTNUT ST COURT S1 -=5S~DDD~DF IDDDI Ig ~ '< 51 c=J!:!;! ~"' "" ~In Q M :"" I~ ) r~: ~ ~ 5 0, U~D~lRa" ~L3~ ~ J DRUID -< RD! W DRUID RO CJI I CS~I WAY I 0 DO "'I II I DD~D LOTUS PATH LOTUS PATH ~\ II I DDD JEFFORDS S1 gO D~Q ~~c:=J~D~D ~ D~CJ D CJt;D P1NELLAS ~ ~CJ~D 0 ~~~ ~ TUSKAWILLA S1 TUllkawillll d' Il 0 D~ · ~:: ~l iOUDIDI ~ \ !l' SOUTH ST !D~DiD~D~ ~ " ~ ~ ~ KINGSlEY ST ~ I It' QUEEN S1 ~ z 8 z :J City of Clearwater, Florida Public Works Administration/En ineerin ale City of Clearwater Vacation Request 05/11/04 GWIINVESTMENTS V AC 2004-07 S.D. Jasmine Way Right-Ot-Way located adjacent to the South lot line ot Lots 5-8. Block 28 MAGNOLIA PARK eel lof6 awn y SK I 295B ec e y 7306-04 ~: (;(063 ~,.g.3 ORDINANCE NO. 7306-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE PORTION OF THE 60-FOOT RIGHT-OF-WAY OF JASMINE WAY, FORMERLY KNOWN AS EWING AVENUE, THAT LIES BETWEEN BLOCK 28 AND BLOCK 33 OF MAGNOLIA PARK SUBDIVISION; PROVIDING AN EFFECTIVE DATE. WHEREAS, Craig J. Murtha, E Joynn, Inc., and Robert Resnik, 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 Council 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 COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The portion of the 60-foot right-of-way of Jasmine Way, formerly known as Ewing Avenue, that lies between Block 28 and Block 33 of Magnolia Park Subdivision, as recorded in Plat Book 3, Page 43, Public Records of Pinellas County, Florida, subject to the vacation becoming effective only upon transfer of ownership of the property adjacent to said right-of-way portion from the current property owners, Craig J. Murtha, E Jolyn, Inc., and Robert Resnick to GWI Investments or its assignee and also subject to the condition that the vacation shall become null and of no effect if all certificates of occupancy are not obtained for the development known as Jasmine Way Townhomes within 24 months from the date of second reading of this ordinance. 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 Ordinance No. 7306-04 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Bryan D. Ruff Assistant City Attorney Brian J. Aungst Mayor Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 7306-04 g.i City Council Cover Memorandum PLD\ Trackinq Number: 637 Actual Date: 06/17/2004 Subject / Recommendation: Approve Amendment to the Clearwater Comprehensive Plan related to the adopted Beach by Design special area plan and Pass Ordinance No. 7295-04 on first reading. Summary: In 2001 the City of Clearwater made numerous amendments to the Clearwater Comprehensive Plan to support the redevelopment of Clearwater Beach. Amendments were made to several different elements of the Plan including Future Land Use, Transportation and Conservation. The Comprehensive Plan designates a portion of the beach as a Community Redevelopment District. Within that district, a pool of additional hotel rooms was created and the locations where the pool could be used were identified. Policy 2.1.4 of the Future Land Use Element of the Clearwater Comprehensive Plan identifies three specific areas that are eligible for the pool. One area is located on south beach and two areas are located on north beach. The proposed amendment eliminates the pool's availability from one of the north beach areas (the Yacht Basin site). In its place, it designates an area across the street from the Yacht Basin site between Mandalay Avenue and the Gulf of Mexico between Baymont Street and Rockaway Street. This revision to the pool's location reduces the total amount of acreage for pool availability by approximately 1.6 acres. The Planning Department has determined that the proposed amendment is consistent with other provisions of the Clearwater Comprehensive Plan, will further the City's redevelopment goals, will not adversely impact the use of property in the immediate vicinity, will not adversely affect the natural environment or property in the immediate area, and sufficient public facilities exist to implement the proposed amendment. Please refer to the attached report (CPA2004-04001) for the complete staff analysis. Because this is a text amendment to the Comprehensive Plan, review and approval by the Florida Department of Community Affairs is required. Originating: Planning Section Administrative public hearings Category: Annexations, Land Use Plan and Zoning Number of Hard Copies attached: 2 Public Hearing: Yes Advertised Dates: 07/15/2004 Financial Information: Review Approval Gina Clavton 05-26-2004 10:32:01 Cvndie Goudeau 06-07-2004 17:06: 51 Bill Horne 06-07-2004 16:22: 12 Cvndi TaraDani RalDh Stone Leslie DouQall-Sides Garry Brumback City Council ,~g~~~~e.~Q~,~!:,M~~~!:~"~,~~~~,, 05-26-2004 12:08: 18 06-07-2004 13:20:05 05-26-2004 14:25:28 06-07-2004 15:43: 15 2. The amendment is not inconsistent with other provisions of the comprehensive plan. The proposed amendment only makes a minor modification to an existing Plan policy by changing one ofthe locations designated as eligible for the resort density pool in the Community Redevelopment District on Clearwater Beach. The proposed amendment is not inconsistent with other provisions of the Plan. 3. The available uses. if applicable. to which the property may be put are appropriate to the property in questions and compatible with existing and planned uses in the area. The property proposed to be eligible for the resort pool is part of the Clearwater Beach Community Redevelopment District and has a land use designation of Resort Facilities High on the City's Future Land Use Plan Map. This land use category allows a variety of residential and commercial uses, including overnight accommodations. The proposed amendment provides an incentive for a resort development, which is a permitted use in this tourist-oriented future land use plan category. 4. Sufficient public facilities are available to serve the property. When the density pool of 600 additional resort units was created in 2001, it was determined sufficient capacity existed in the sewer, water and transportation systems to accommodate the increased hotel density. The proposed amendment essentially moves the area eligible for the pool from the east side of Mandalay Avenue to the west side in the same vicinity of north Clearwater Beach. Sufficient public facilities are available to accommodate this proposed amendment. 5. The amendment will not adversely affect the natural environment. The resort pool has been in existence on Clearwater Beach, a Community Redevelopment District, since 2001. The pool did not have any affect on environmental policies in the Comprehensive Plan and the proposed revision will not impact environmental policies. The area proposed to be eligible for the density pool is currently developed; therefore inclusion within the pool eligibility area will not result in any negative impacts on the natural environment. The resort pool is only allowed in selected locations on Clearwater Beach and does not permit increases in the permanent population in the coastal high hazard area. Any redevelopment that occurs as a result of the proposed amendment must comply with the impervious surface ratio, drainage and water quality standards. The proposed amendment will not adversely affect or alter the natural environment. Staff Report - Community Development Board - June 15,2004 - CPA2004-04001 Page 3 6. The amendment will not adversely impact the use of property in the immediate area. The purpose of the proposed amendment is to stimulate the redevelopment of Clearwater Beach with the construction of new family-oriented resort development. It is anticipated that this type of development will have a positive impact on the use of property in the immediate area, which is designated for mixed-use development on both the Future Land Use Plan Map and Zoning Atlas. SUMMARY AND RECOMMENDATION: The proposed amendment to the Clearwater Comprehensive Plan removes the Yacht Basin site from the list of sites eligible for the resort density pool due to the construction of a residential development on this property. The amendment also identifies another site to be eligible for the pool. The proposed amendment is consistent with other provisions of the Clearwater Comprehensive Plan, will further the City's redevelopment goals, will not adversely impact the use of property in the immediate vicinity, will not adversely affect the natural environment or property in the immediate area, and sufficient public facilities exist to implement the proposed amendment. The Planning Department Staff recommends APPROV AL of the amendment to the Clearwater Comprehensive Plan. Prepared by Planning Department Staff: Gina L. Clayton, Long Range Planning Manager ATTACHMENT: Ordinance No. 7295-04 S:\Planning Department\COMPREHENSIVE PLAN\2004 Text Amendment re Beach By Design\Revised Comp Plan Amendments re BBD Staff Report.doc Staff Report - Community Development Board - June 15,2004 - CPA2004-0400l Page 4 CDB Meeting Date: June 15.2004 Case #: CPA2004-04001 Agenda Item: E5 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT REQUEST: Comprehensive Plan Amendment Related to Beach by Design INITIATED BY: City of Clearwater Planning Department UPDATE: This agenda item was originally scheduled for the May 18, 2004 Community Development Board meeting. Due to a flaw in the advertising of this item, the case could not be discussed and was re-set for the June 15,2004 meeting. BACKGROUND INFORMATION In July 2001 the Clearwater City Council adopted Beach by Design: A Preliminary Designfor Clearwater Beach. This special area plan governs approximately 213 acres of Clearwater Beach and sets forth a series of revitalization strategies in the following areas: land use; mobility; off-street parking; catalytic projects; economic feasibility and financing; and design guidelines. The catalytic projects section of the Plan supported designating Clearwater Beach a Community Redevelopment District on the Countywide Future Land Use Map and establishing a limited pool of 600 additional hotel rooms to be available in key locations on the beach. It was believed that additional density would be the best incentive to stimulate the development of a small number of catalytic resort projects. In 2001 the City of Clearwater amended the Clearwater Comprehensive Plan to support the designation of the beach as a Community Redevelopment District, create the resort pool and identify the areas where the pool could be used. Staff Report - Community Development Board - June 15,2004 - CP A2004-0400l Page 1 ANALYSIS Policy 2.1.4 of the Future Land Use Element identifies three locations in the Clearwater Beach Community Redevelopment District that are eligible for the density pool of 600 resort units. The south beach area is generally located south of the Pier 60 parking lot and north of the Adam's Mark Hotel between Coronado Avenue and South Gulfview Avenue. The first north beach area is located between Mandalay Avenue and the Gulf of Mexico between Baymont Street and Papaya Street. The second north beach area is located on the east side of Mandalay Avenue north of Baymont Street and is formerly known as the Yacht Basin apartment site. These areas were selected based on their proximity to the dry sand beach; land assembly opportunities and redevelopment potential; proximity to Clearwater Harbor; and/or location relative to the proposed Beach Walk (improved South Gulfview Boulevard). Use of the resort pool has been approved for a site located in the south beach area. An application for the use of the pool has been submitted for review for a site located in the northerly portion of this designated pool area. At this time, the application is still pending. In 2002 building permits were issued for a townhome/condominium development at the designated Yacht Basin site. This residential project is currently under construction and will preclude the development of a resort in this location. The proposed amendment to Policy 2.1.4 of the Clearwater Comprehensive Plan would eliminate the pool's availability from the 6.2 acre Yacht Basin site. In its place, the pool would be extended to 4.6 acres ofland located between Mandalay Avenue and the Gulf of Mexico between Baymont Street and Rockaway Street. This area is adjacent to the area currently eligible for the pool between Mandalay Avenue and the Gulf of Mexico between Papaya and Baymont Streets. This site is well suited for the density pool due to its proximity to the dry sand beach, its location adjacent to an area already available for the pool, assembly opportunities, and serious developer interest. ST ANDARDS FOR REVIEW Pursuant to Community Development Code Section 4-603(F) no amendment to the Comprehensive Plan shall be approved unless it complies with the following standards: I. The amendment will further implementation of the comprehensive plan consistent with the goals. policies and obiectives contained in the plan. The proposed amendment to the Clearwater Comprehensive Plan is consistent with the city's long range planning policies related to the redevelopment of Clearwater Beach. The amendment makes minor changes in the locations eligible for the resort density pool. The proposed amendment will further implementation of the comprehensive plan consistent with other goals, policies and objectives ofthe Plan. Staff Report - Community Development Board-June 15,2004 - CPA2004-04001 Page 2 ORDINANCE NO. 7295-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF CLEARWATER AS ADOPTED ON MAY 18, 2000 AND AMENDED ON JULY 12, 2001 BY REVISING POLICY 2.1.4 OF THE FUTURE LAND USE PLAN ELEMENT WITH REGARD TO THE AREAS ELIGIBLE FOR THE DENSITY POOL OF ADDITIONAL HOTEL ROOMS ESTABLISHED IN BEACH BY DESIGN: A PRELIMINARY DESIGN FOR CLEARWATER BEACH AND DESIGN GUIDELINES, THE ADOPTED SPECIAL AREA PLAN FOR CLEARWATER BEACH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS the Local Government Comprehensive Planning and Land Development Regulation Act of Florida empowers and requires the City Council of the City of Clearwater to plan for the future development and growth of the City, and to adopt and periodically amend the Comprehensive Plan, including elements and portions thereof; and WHEREAS, the economic vitality of Clearwater Beach is a major contributor to the economic health of the City overall and redevelopment to the Beach is required for its future sustainability; and WHEREAS, the City of Clearwater invested significant time and resources in studying Clearwater Beach and conducted numerous public meetings; and WHEREAS, the City Commission approved Ordinance Number 6689-01, which adopted a special area plan governing Clearwater Beach entitled Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines on February 15, 2001; and WHEREAS, amendments to the Comprehensive Plan of the City have been prepared in accordance with the applicable requirements of law, after conducting the appropriate planning analysis, and public participation through public hearings, opportunity for written comments, open discussion and the consideration of public and official comments; and WHEREAS, the Community Development Board, serving as the designated Local Planning Agency for the City, has held a public hearing on the proposed amendments and has recommended adoption of the proposed Comprehensive Plan amendments; and WHEREAS, the proposed amendments have been transmitted to the Florida Department of Community Affairs for review and comments, and the objections, recommendations and comments received from the Florida Department of Community Ordinance No. 7295-04 Affairs have been considered by the City Council, together with all comments from local regional agencies and other persons, in preparing the final draft of the amendments; and WHEREAS, the City Council finds it necessary, desirable and proper to adopt the amendments to the objectives and policies of the Comprehensive Plan in order to reflect changing conditions; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Clearwater Comprehensive Plan is hereby amended by revising Policy 2.1.4 as follows: 2.1.4 The use of the density pool of additional hotel rooms established in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines is permitted in the following areas: 1. Tho property located on the east side of Mandalay Avenuo north of Baymont Stroot known as the Yacht Basin apartment sito; ~.1. The land located between Mandalay Avenue and the Gulf of Mexico between Baymont Street Rockawav Street and Papaya Street; and 32.The land located south of the Pier 60 parking lot and north of the southerly lot lines of Lots 77 and 126 of the L1oyd-White-Skinner Subdivision between South Gulfview Boulevard and Coronado Drive. Section 2. This ordinance shall become effective when the Department of Community Affairs (DCA) issues a final order determining the adopted amendment to be in compliance, or the Administration Commission issues a final order determining the adopted amendments to be in compliance, in accordance with Section 163.187 or 163.3189, F.S., as amended. PASSED ON FIRST READING 2 Ordinance No. 7295-04 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Brian J. Aungst Mayor Attest: Cynthia E. Goudeau City Clerk 3 Ordinance No. 7295-04 I In I I \ ~ } J JJ;= ~ \ JJANITA "' --- ,.--- bId] 65J ""--- - - ~\ ,.--- \-- '" '6 \ \ \ !I-- \ gL Area proposed to Area eligible for Resort Pool to be be eligible for eliminated. v Resort Pool. ~ Area eligible for Resort Pool. (No change proposed) \ I I I 11I/ I l .---- 1 ~ > ,....-.., '-- :x /_ gl-1- III III LL ~ :l :l III ~ ~ i :sAN-k):L ~ 011( > - ~ ~ III --.....; co 5rREET 011( 0: I - <i '--- ~ Q ~ \I) r-- i I-, Iii S - II. ~ - - - '---- - -----I I B I -.., . I , .,., I A I I J II n - - ~ - - - ~ - ------ - I n I L--.l I ( I ---... I Comprehensive Plan Amendment Map AtlasPage: 267A Case: I C P A2004-0400 1 05/17/2004 08:48 7274492889 CLW REGIONAL CHMBR i../eAt #- ~. L/ ?5 CLEARWATER Regional Chamber of COmmefCf! COPIES TO CITY COUNCIL JUN 1 7 2004 PRESS CLERK/ATTORNEY June 16. 2004 Mayor and Councilmembers City of Clearwater PO Box 4748 Clearwater. FL 33757 RE; Beach by Design Amendments Dear Mayor and CoonciJmembers: At recent Chamber board meetings, including the Executive Committee, Board of Directors and Government Affairs Committee meetings. members discussed the proposcdchanges to the Beach by Design redevelopment plan. While supportive of the intent to e:lql3nd the plan in order to accommodate the resort property that we are all hoping to have come to the area,. the Chamber is disappointed that other potential changes bave yet to be con..c;idered. Expanding the area tbat offers the density poo~ and extending the tourist district north to Somerset are two issues that the Chamber has requested in the past. We hope that you win not stop with the current revision but will also follow-up with further~ plan-wide revisions that will allow additional resort development and tourist me 'on the beach. Thank you for your efforts to bring a resort to Clearwater Beach. Sincerely ~ Michael G. Meidel President/CEO Bringing the future to business. PAGE 01/01 1130 CLEvF.lANO Sum CLEARWATER, FL 33755.48.1 1 www.c1eorworerfforido.org 727/.161.0011 FAX 727/449.2889 Execuriw Committee Holly Duncon Chairman of ,ht> So",,J Doug Grosko Chalrmon-l!/e" Gloria Campbell VicE' Chairman . BusinE's.. Koren Dee ViC9 en",irm"'" . M..m/'..,,/';p Bud Elias Viet> ChaIrman . Governmental Affairs/Eco"omic DElVl;l/opmE'n' Oliver Kugler Viell Choirma" . SplJciol EVIln/! John Doron Vice Chairman. Tourism Robert Clifford Vice Chairman. Area Councils Jeonette G. Renfrow Treasul't!' V. Raymond Ferrero Immndial.. Pa~ e"ai,mOIl Julivs J. Zschou Lt>gcl COllnl'(l/ Mike Meidel Pr'!~id"nl. CEO Board of Directors les Agres Ed Armstrong Andrea Boitnott SIeve Book Phillip Bllouchemp Bob Cfork Tim Coultas Kelly Crandall Wendy Demskgr Lindo Drayne Ed Droste Pot Duffy Bill Evans Jerry Figurski Arthonia Godwin Gery S. Groy RobElrt Kinney Chorlotle Korbe Deborah Krouiolis Brigitta Lewton Michael A. Lewis Judy Mitchell Fronk Murphy Jim Myers Bob Raperti Patricia Rowell Bill Shorl Cathleen Smith Ron Stuart John Timberlake Chuck Warri"gton Richerd Wilhelm Doug Williams La rry Y cst CD CONSTRUCTION LEADERS FAX TRANSMITTAL CIVIL SOUTlfEAST COMMENTS: ge8-~ IIO/IOO"d ~el-! peL CIVn. CONSTRUCTORS. INC. 3810 Northdiile Blvd.. Suit!: 200. Tllmpa. fL 33624 e899~9ze181 s~o!On~!SNOO llAIO 10d-WO~~ nde~:~o ~O-LI-Nnr . CONSTRUCI10N LEADERS June 17, 2004 Mr. Jim Moulton, Jr., P .E. Director of Transportation Operations FWRIDA DEPARTMENT OF TRANSPORTATION 11201 N. McIGnleyDrive Tampa, Florida, 33612 RE: Memorial Cauieway lIridgo-Diredivelolb:p1ace ()lhnnnc6R, 6L,SRaodSL Financial Project 10; 1851112, State Project No.: 15220-3599 Dear Mr. Moulton: Pursuant to. the Department~s May 14,2004 directive to remove and replace columns 6R, 6L, 5R and 51" and our meeting earlier this week, we advise that we have diligently proceeded with your directive and we submit the following update for your information and consideration. The following is a summ:uy of the five basic options that have been considered and a status of our to-date progress on these options. Option 1: Option 2: Total Demolition and Reconstruction of All Four Piers pnd Cantilevers: Engineering is in progress to modify the form traveler for the cantilever superstructure dismantling operation. A demolition plan is in development including concrete saw cutting operations, component lift plans, disposal methods, material disposal sites, and a steel sheet pile containment system. This option is the most severe in terms of cost and duration. Temporarily SQWOrt the S~ and RcmovelRq)lace Co1umn~: This .option consists of carrying out the work before transverse and longitudinal closure is completed (refer to sketch SK-l). Several concepts have been considered in tenns of temporaxy supports, however there are significant stability concerns ~d the removal of 6R footer would necessitate temporary fO\Uldations at that location. The specialty heavy-lift engineering and contracting firms that we contacted, declined to provide proposals for this option. As a result of safety, stability and cost shortcomings, this option was abandoned. peL CIVIL CONSTRUCtORS, INC. Suite 200,3810 Northdalc BoullWwd, Tampa, Florida. 33624 Phone: (813) 264.9500 Fax: (813) 264-6689 (EQUAL OPPORTUNITY EMPWYER) 9E8-~ IIO/ZOO'd tEI-! 8899t9ZEI81 S~O!~~!SNO~ 'I^I~ '~d-no~~ Wd8~:tO ~O-ll-Nnr ... _. . '.' . 0._ CONSTRUcnON LEADERS Option 3: Tem1JQrarilv SUDJ>OIt the SUnerstIUdure and RemoveIR.eplace CO]llmn~: This option is similar to option 2 but consists of carrying out the wolk after transverse and longitudinal closure is completed (refer to sketch SK-l and SK-2). Several concepts have also been considered for temporary supports and proposals have been received from heavy-lift engineers/contractors. Our engineering consultants have significant concerns about release of column forces and moments after cloSl.1Ie and the unacceptable load redistribution into the supers1Iucture. As a result of structural reasons, this option was therefore also abandoned. Option 4: Additional Permanent Median Pier: This option requites the addition of an ex.tema1 diaphragm between box girders (refer to sketch SK-3) and a very significant quantity of transverse post-tensioning; foundation loads would exceed existing foundation - ... .capacity and .deck .stresses would also exceed .available .capacity. Due to structural and cost reasons this concept was abandoned as well. Option 5: Reolaccment Piers: Multiple VexsiODS and configurations of this option bave been considered and engineering analysis is still in progress. To date, this option has been based on footing 6R remaining in place. Engineering is underway to address the' present concerns related to footer 6R. Most of the additional engineering that is required for this option involves top and bottom column connection details. At this time, we are actively pursuing both options 1 and S concurrently. Certainly, option 1 is achievable, albeit at a very high cost and long duration. As requested, our approximate cost estimate for Option 1 is in the $25 million range. It is based on a bridge opening date (traffic switch to new bridge) of early 2006 and a final completion date (demolition of bascule complete) of mid 2006. A detailed schedule update. based on Option I, has been submitted directly to PBCS. Option S represents a significant opportunity to mitigate both time and cost impacts and we are diligently pursuing this alternative. We anticipate that option 5 could be completed approximately a year earlier than option 1. While peL and its consultants have been actively proceeding with your May 14, 2004 directive, our consulting engineers have concurrently carried on with the review of the VEep design according to your previous instructions. We are dutifully advising that the four consulting engineering companies that are working with us on this project have concurred that piers 5 and 6 do not warrant removal. We therefore believe that the Department's directive is an extremely wasteful undertaking in terms of cost and time. PCL CIVIL CONSTRUCTORS, INC. Suite 200.3810 Nortbdale Boulevard. Tampa. Florida, 33624 Phon<< (813) 264-9500 FIIlC (813) 264-6689 (EQUAL OPPORTUNITY EMPLOYER) ge8-~ IIO/EOO'd ~El-l 8899t9lE 181 SHOljnH1SNOj 11Alj 1jd-woH~ nd8t:tO to-ll-Nnr . CONSTRUCfloN LEADERS In order to provide further clarification, we have ~ed the principal VEep design issues that have been raised with respect to Piers 5 and 6 as follows: 1. There is some question as to whether the stress in the reinforcing bars at the base of columns 5 and 6, during the CUII'Cllt construction phase, exceeds code requirements. We believe this is simply not con-ect. Our consulting engineers concur that the actual stress in the reiriforcing bars (factored for the appropriate construction load case) is less than the allowable stress called/or by the code. 2. There is concern that the stress in the reinforcing bars, at the top of piers 5 and 6, after mid-span jaclcing (phases that have not yet occurred), exceed code requirements. Notwit~tanding that there has been much debate as to the code interpretation. our ~o.~!ting ~gi~e~r:s have demons,trated that by.'l'R!!ifyjf!.gJiz!:. ,r,c(Jon seq~ce and jacking force. and moking a very simple modification at the superstruCture/column interface. we will ensure that the actual stress in the reinforcing bars wl// be less than allowable stress calledfor by code. 3. It has been noted that the original VEep calculations contain a number of apparent inconsistencies. Our consulring engineering team has satisfied themselves tliat there are appropriate justifications/or each oflhe noted items to render this Issue Inconsequential. 4. There have been concerns expressed that the concrete columns are cracked. Certain types of cracks aJ'e simply part 0/ reinforced concrete design and, based on our consulting engineers 'feedback. we believe the observed cracking .in piers 5L. SR. and 6L meets engineering standards. Further, cracking 0/ columns in balanced cantilever construction is not an unknown or unexpected phenomenon. The crack widths that have been observed are equal to or less than theoretical crack widths. and are within the range of values that are acceptable. We also wish to advise the Department that we are in the process of finalizing the code review, as directed by the Department, on the balance of the VEep structure and again, our consulting engineering team has indicated that no other design issues have been identified. Today, the only real issue that presents itself is the condition of pier 6R resulting from the out-of-balance moment that was applied to the colwnn. Again, we have four professional engineering finns that have stated that the colUIJUl can be repaired. PCL CIVIL CONSTRUCTORS, INC. Suim 200. 38 [0 NorthdaJe Boulevard. TanlPI. Florida. 33624 Phone: (813) 264-9500 Fax: (813) 264-6689 (EQUAL OPPORTUNITY EMPLOYER) 9€8-~ IIO/;OO'd ;el-~ 889S;9ZE 181 S~O~~~~SHO~ 'I^'~ ')d~~~ ndOS:;O ;O-ll-Nnr . CONSlRUC110N LEADERS Please reconsider the information and reports that we have provided to the Department. We look forward to a meeting between our consulting engineers and the Department to reconcile these issues. As we have already indicated, notwithstanding our position OD these matters, peL is fully complying with the FOOT directive to remove the columns while we respectfully reserve our rights. Thank you for the meeting and affording us the opportunity to submit this update. Please contact us at this office, if you require further clarification. Yours truly, peL CIVIL CONSTRUcrORS, Inc. 1~'{jj) Vice - President & District Manager . . Cc: Ken Hartmann-Florida Department of Transportation Bruce Trott - PCL Civil Constructors, Inc. Sean Bush - PCL Civil Constructors, Inc. peL CIVIL CONSTRUCTORS, INC. Suite 200, 3810 NorthdaJe Boulevard, Tampa, Florida, 33624 Phone: (813) 264-9500 Fax: (813) 264-6689 (EQUAL OPPORTUNITY EMPLOYER) 9E8-~ IIO/SOO'd .El-l 8899.9ZE181 S~OlOnHl$NOO 1'^IO 'Od-nO~~ WdOS:.O ~O-ll-Nnr fin t1.. ~'I , I / I I I I ~ r-~ I I I I I. ,/ ------ ~K-I I ~ RK:HT COL/JJ/N $HE/i"r IdF3 I !-- f BOX ';/~" , I , '"- r if () r If PH..u, (,,1'\ OPTIONAL CONSTRUCTION JOINT I- =--;~~: " ......... (J If #1",\ fix..,.{,., J" . "" "::. ~ 3 - rl)IJO -r JAc..~ iSI()~ i "-~ '1-- '0t11J"13c.It.i) - -- - .. , J - IN;] 1.;<. "J CJ OJ( II OIL. ~,,'ljI.lIVI,-,..--r rf.. (;I.(()t!!tf.. p~ CIVIL CONSTRUCTORS, INC. ft1( :ff~ LfU MAR 24 2003 APPROVED FOR SUBM!SS/ON FOOTING PIER 7 PIER - 28'-o'~. NOTE.' I. WORK THIS SHEEr IN CONJUNCTION WITH SHeET V-~J. I 'I . -+- /--- ~ CONST. ~TlON - P/fRS 6 AND 7 @ f'LolUD..\ m!PAA~ OF TRA.N.sPoJtTA.nOH ~I:I "'~L.. APPROVED FOR CONSTltUcnON 8RIOGE NO. 1502# PIERS 6 AND ., COWMN DIMENSIONS (SHEET I OF 2) 7 - "IDC. CD.I-" , '_104 ""'J[(l ID "I.#CC'~. 9EB-= IIO/900'd ~el-i ~.... - SB99V9ZE181 S~OijO~iSNOJ 1'AIJ lJd-nO~= ndOS:~O ~O-ll-Nnr ..--. ..4.... . ~." , '.' ....... . '. .. ..: ~ - . rJ ~ ~ t: , ... '" t:I :s ~ ~ " I ,,{It t ~ FAL.J~""",,"- DIR.€CTION O~ ST/l.TIONING~ I-- { PIER I ~NGEr, 2.w:3 1'()) 41'J.J ( 4 c_..f t', . " ~ ~ .'1 ~ :J .. j OPTIONAL CONSTRUCTION .. :i '" ;1 .. .f ~ '" ~ J f J i e ;;. ;,:. PC. .. '" I ,.. ? ~ I.J'J ~ :0 ~ ~ ts Q: j ~ ~ 1_ .:.. . ---..-- . ~ {eJ iJo'~'~',c.I ...~. 'Ai.. CONSTRUCT ION JOINT ~ ~ . TOP OF FOOTING is Et..7JO Q :fi o I Co" -'- " - PIERS 5 1=1 v . s.c.,.. lOW & SlJBSTFM:tlJRE vECI" &,/fCV'S!O EI.!VA.T!OIt'S ....s an, teal.'lew A 1l(VISEo CONCRETt OJ/IU/OJ SG5 ~ HINC{ lJ/U{ItS/OIIS " ,.1{1t ,~V. II....., It PCtul .. DC'I""D II tolChlD t. 9EB-~ IIOllOO'd )EI-l 8B99)9ZEIBI SH01~H1SNOO 'I^I~ ')d-noH~ ndOS:~O )O-ll-Nnr 7 ~ ~ .... ~ III ~ ;;; ~ .... ~ !!; Q ~ ~ it t.w J. A R.EQUiRED FOR ,~.'f!.R 7 ON;'''', 'V 0<0( J D SGS Yo MJ (iV g. ~ ~J/D2 VA.l : f11//!5/0Z VA.l ~ eNGINE'. o~ ~'eOftD. ...,.@...... _.. -....1'1: F\WDi LIIDlt 10. SCIIJ4 CDlT",Ul( " ,unGlIWIDI IIIJ. .,,~ U:. P1C111Ol1I1UIl: CArT. IlIIIl: '. P,ll/(.. (, 11. h.(...r.E.~ ...,.<- -r- SYUU. ABOUT { FOOTING 7 'l-~. 'l. & VAllI,S (Sf! NOTf JJ I =', D4 /..v~tJ I I ~JlQt- 3f1F.3 q. Gj fI ~ ~i ~.... !!;~ Q lr'I C"I 9FI5-\ 7'-2" MIN, lAP. 1 1 ; {CDL.UUN UI'xI4-6F21 Of l~xI4-6F22 C "-10' -.,- I -"... '---l 19-9FI9 OJI:.~__..! - .., '.1" . -t, 9"11 5F21 or 14JfJ-16I'lZ Ci' /'-1()" /'-1/" I ,- I I I 6FIS 4'-8. MIN. LAP 4'-S. (TYPJ . ,,' \ ....--- I ,.<- ./ A Q .1 <;) ,/' /" , -~~-----_._----- Il'1 I J /- I I /'----,""" " /"" i"", ..J "/",, i ..".... J (". ,~~ , --------J.---~ -.-~f_ ~.. /' ~ ,/' J ' 7 '" " I !2/ "" "'''.. ! ,,/" // J "",_-.L-.,/' . " SF" --1 ~ I--Q. !!i! !.I:: 1 ~ I ~ Sl ..I Q ------------------------------- " IZ'-3. sw cov~ PI,RS 5 " 6 DNa I 9FZO / ~ III I ~~ 011 . ..... ~:.i ~ c--1 SFIZ J 6F16 9FO/ 19-9"19 D II. ~2J or 1.,:rJ-16F22 ~ 1'-/0. 38'-0. I 76'-0" V CONJUNCTION WITH SHEET NO. V-Z8B. 'NFORCING TO CLEAR DRILlLD SHAFT REINFORCING AND AS REQUlfI~D. ONS SU SHEeT NOS. V-30 THRU V-JJ. IFORClNG NOT SHOHN FOfl CLARITY. SEE SHEET NO. V-26. "G NOT S~N FOR CLARITY. SEE SHEET NOS. V-J4 TH(lU V-ST. SlAB COVER SHA!.L BE CLASS .Dr (SUBSTAUCTUR!J WITH A 'FlESSNE STRENG'TH OF 5500 PSI AND IIAY Be CAST-IN-PI.ACE HALF PLAJ{- TOP pel CIVIL CONSTRUCTORS, INC. f'1A:>JL'l 2 t20l!2 APPROVED 'FOR SUBMISSION APPROVEl) ] FOR CONSTRucnON J BRIDGE NO. lS0244 ~ FLOlUDA P~l.JlniENT OF TL\)GP()RTATJON WI"""",. "0'; 110. PIER FOOTINGS 5,6 AND 7 (SHeET I OF 2J ClIJIIl' rl~.lIClll. ""'tel '1 9€8-~ ~1.dCl .-(. PerT NO. IIO/800'd VEI-! 8899v9ZE181 S~O!~~!SNO~ "^I~ '~d-no~~ ndlS:vO vO-l'-wnr Pier 6R Column Replacemc.nt Procedure= 1. Balance spans at piers S and 6 2. Install strongback and longitudinal restraint at closure over channel 3. Install falsework per sketch using SST crane on barge 4. Install rebar and form and pour new diaphragms 5. Install ancboti in bottom of bottom slab 6. Install beveled plates andjaclcs on top offalsework 7. Pressurizejacks to a total load of3700 tons and lock off 8. Remove top 15' of column using manual jack hammers 9. Remove middle 30' of column using 215 hoeram on platform on barge 10. Remove bottom 15' of column using manual jack hammers 1 1. Clean exposed rebar 12. Place rebar and fonn and pour column to 6" below top 13. Strip forms '. 14. FOIlD and pour fluid grout in top 6U of column 15. Unload falsework and remove using 55 ton crane on barge (~~ ~~~.~) '". "f: .... 9t8-~ IIO/800'd ~tl-! 8899~9Zt181 S~O!~~!SNO~ 'I^I~ '~d-noy~ WdIS:~O ~O-ll-Nnr SK...I ( ~1'ftO,",,""""} s~"-a. ~J l@ 1lI11 LLllr 1.01- Jr [I g 13 ~ 'llIlIddy.lJo.rJI ellCl" II" . I s w ., ii !! I: 9E8-~ IIO/OIO'd ~El-l 8899)9ZE 181 S~OlJn~lSNOJ llAJJ lJd~~~ WdIS:tO to-l'-Nnr M , y. '" ". J..... ------- - ------ 1\ , ,...., Lt) CX1 to CO ..1 w \ '" , ... ---- . --- I .", --- ... ... '" -------._-- --=""- ------ -- - .....---- - - - --- - ---::.:- - - --- - - .:-- .. , ---------- m lL ~ ~ :e ~ QJ U ------.._---- ---------.---- .---.-------- 9E8-~ IIO/IIO"d ~El-! 8899~9ZE181 S~O~~!SNOj llAlj ljd-WO~~ WdI5:~O ~O-Ll-Nnr ~.s City Council ...............m.'~.g'.~m!!~'~.~mo~~.~.....~~,~Q,~~~~,d l;!m~.....m PLD~ Tracking Number: 636 Actual Date: 06/17/2004 Subject / Recommendation: Approve Amendments to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines and pass Ordinance No. 7294-04 on first reading. Summary: In 2001 the Clearwater City Council adopted Beach by Design: A Preliminary Design for Clearwater Beach. This special area plan governs a portion of Clearwater Beach and sets forth a series of revitalization strategies for land use, mobility, off-street parking, catalytic projects, economic feasibility and financing, and design guidelines. The amendments are proposed to provisions relating to the density pool of additional hotel units and required characteristics of resorts using the pool in the Catalytic Projects section of the Plan. The amendments address: Extending the length of time the poolof additional hotel rooms is available; Deleting the provision that requires airportshuttle service to be included in the basic resort room rate; Refining the types of kitchen facilitiespermitted within resorts using the density pool; Eliminating the requirement that resorts usingthe density pool be subjectto a covenant obligating the resort to participate in a Clearwater Beach operation and maintenance assessment program; and Making changes to the north beachareas eligible for the resort pool. The Planning Department has determined that the proposed amendment is consistent with the provisions of the Clearwater Comprehensive Plan and the Community Development. Attached please find the staff report for further analysis, excerpts from Beach by Design and Ordinance No. 7294-04. The Community Development Board will review the proposed amendments to Beach by Design: A Preliminary Design for Clearwater Beach in its capacity as the Local Planning Agency (LPA) at its regularly scheduled meeting on June 15, 2004 and make a recommendation to the Commission. The Planning Department will report the recommendation at the June 17th City Commission meeting. Originating: Planning Section Administrative public hearings Category: Other Number of Hard Copies attached: 3 Public Hearinq: Yes Advertised Dates: 07/15/2004 financial Information: City Council """,,,,~g,~,,~dili~,,..,~~v~~,,,~~~,Q,,~,~,~~,,~~.~,,,,... ~ Other Review ADDroval Cvndi Taraoani 05-26-2004 12:05: 11 Garrv Brumback 06-07-2004 09:46:59 Leslie Douaall-Sides 06-04-2004 16:55:03 Raloh Stone 06-07-2004 13:22:28 Cvndie Goudeau 06-07-2004 17:05:08 Bill Horne 06-07-2004 16:24:28 Exhibit A Ordinance No. 7294-04 ORDINANCE NO. 7294-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO BEACH BY DESIGN: A PRELIMINARY DESIGN FOR CLEARWATER BEACH AND DESIGN GUIDELINES; BY AMENDING SECTION V. CATALYTIC PROJECTS, SUBSECTION B. COMMUNITY REDEVELOPMENT DISTRICT DESIGNATION BY EXTENDING THE TIMEFRAME THE POOL OF 600 ADDITIONAL HOTEL ROOMS IS AVAILABLE FROM FIVE (5) YEARS TO TEN (10) YEARS; BY REVISING THE CHARACTERISTICS WHICH MAKE A PROJECT ELIGIBLE FOR ADDITIONAL HOTEL UNITS; BY REVISING THE LAND AREAS ELIGIBLE FOR THE POOL OF ADDITIONAL HOTEL ROOMS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the economic vitality of Clearwater Beach is a major contributor to the economic health of the City overall; and WHEREAS, the public infrastructure and private improvements of Clearwater Beach are a critical part contributing to the economic vitality of the Beach; and WHEREAS, substantial improvements and upgrades to both the public infrastructure and private improvements are necessary to improve the tourist appeal and citizen enjoyment of the Beach; and WHEREAS, the City of Clearwater has invested significant time and resources in studying Clearwater Beach; and WHEREAS, Beach by Design, the special area plan governing Clearwater Beach, contains specific development standards and design guidelines for areas of Clearwater Beach that need to be improved and/or redeveloped; and WHEREAS, the City of Clearwater has the authority pursuant to Rules Governing the Administration of the Countywide Future Land Use Plan, as amended, Section 2.3.3.8.4, to adopt and enforce a specific plan for redevelopment in accordance with the Community Redevelopment District plan category, and said Section requires that a special area plan therefore be approved by the local government; and WHEREAS, the proposed amendment to Beach by Design has been submitted to the Community Development Board acting as the Local Planning Authority (LPA) for the City of Clearwater; and WHEREAS, the Local Planning Agency (LPA) for the City of Clearwater held a duly noticed public hearing and found that amendment to Beach by Design are consistent with the Clearwater Comprehensive Plan; and Ordinance No. 7294-04 WHEREAS, on November 15, 2001 and December 13, 2001 the City Council of the City of Clearwater reviewed and approved Beach by Design; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section V. Catalytic Projects, Subsection B. Community Redevelopment District Designation, is amended by revising the 3rd paragraph on page 44 as follows: B. Community Redevelopment District Designation * * * * In order to stimulate the desired catalytic resort projects, Beach by Design establishes a limited pool of 600 additional hotel rooms which would be available for use at one or more sites within designated priority redevelopment areas for a period of five (5) ten f1.Ql.years. This period would run from the date that the Community Redevelopment District is approved by the County and accepted by the State.:. In the event that the units were not allocated pursuant to Beach by Design within fivo (5) ten (10) years, the pool of units would cease to exist. * * * * Section 2. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section V. Catalytic Projects, Subsection B. Community Redevelopment District Designation, is amended by revising the first bullet on page 46, which is fifth characteristic required for a resort using the density pool, as follows: * * * * . require a legally enforceable covenant to implement a trip generation management program which promotes non-vehicular access to and from the resort which shall include at least airport shuttle provided as a part of tho basic room rato and resort-provided transportation to off-site amenities and attractions. * * * * 2 Ordinance No. 7294-04 Section 3. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section V. Catalytic Projects, Subsection B. Community Redevelopment District Designation, is amended by revising the third bullet on page 46, which is seventh characteristic required for a resort using the density pool, as follows: * * * * . no more than 25% of the rooms may have full kitchen facilities, defined as consistina at a minimum of full-size refriqerator. sink and conventional ranae. The remainder of rooms may have partial kitchen facilities. defined as includina fewer than all of the foreaoina appliances. or mini-kitchens. defined as includina solely reduced-size kitchen appliances. * * * * Section 4. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section V. Catalytic Projects, Subsection B. Community Redevelopment District Designation, is amended by deleting the last bullet on page 46 which is the fourteenth characteristic required for a resort using the density pool as follows: * * * * . subject to 3 leg311y enrorce3blo coven3nt obligating the resort to particip3te in a Clearwater Be3ch operation 3nd maintenance assessment progr3m * * * * Section 5. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section V. Catalytic Projects, Subsection B. Community Redevelopment District Designation, is amended by revising the aerial photograph on page 47 which depicts the areas eligible for additional hotel rooms as shown in the attached "Exhibit "A"; and Section 6. Beach by Design, as amended, contains specific development standards and design guidelines for areas of Clearwater Beach that are in addition to and supplement the Community Development Code; and Section 7. The City Manager or designee shall forward said plan to any agency required by law or rule to review or approve same; and Section 8. It is the intention of the City Council that this ordinance and plan and every provision thereof, shall be considered separable; and the invalidity of any section or provision of this ordinance shall not affect the validity of any other provision of this ordinance and plan; and Section 9. This ordinance shall take effect immediately upon adoption. 3 Ordinance No. 7294-04 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 Attest: Cynthia E. Goudeau City Clerk 4 Ordinance No. 7294-04 CDB Meeting Date: June 15. 2004 Case #: Amendments to Beach bv Design Agenda Item: E6 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT REQUEST: Amendments to Beach by Design Special Area Plan INITIATED BY: City of Clearwater Planning Department UPDATE: This agenda item was originally scheduled for the May 18, 2004 Community Development Board meeting. Due to a flaw in the advertising of this item, the case could not be discussed and was re-set for the June 15,2004 meeting. BACKGROUND INFORMATION: In 2001 the Clearwater City Council adopted Beach by Design: A Preliminary Design for Clearwater Beach. This special area plan governs approximately 213 acres of Clearwater Beach and sets forth a series of revitalization strategies in the following areas: land use; mobility; off-street parking; catalytic projects; economic feasibility and financing; and design guidelines. In order to overcome economic constraints associated with beach redevelopment, Beach by Design proposed a limited number of catalytic resort projects to reposition and re- establish Clearwater Beach as a quality, family resort community. In order to stimulate this catalytic redevelopment, the Plan established a limited pool of 600 additional hotel units available in key locations for a period of five years. It also required projects to have specific characteristics in order to be eligible for the pool. The Plan has been in effect for three years. During this time the City has entered into negotiations for several projects requesting resort units from the density pool. Through this process it has become clear that minor amendments should be proposed to Beach by Design regarding the time frame of the pool, several of the required resort characteristics and the areas eligible for the pool. Staff Report - Community Development Board - June 15,2004- Amendments to Beach by Design Page 1 PROPOSED AMENDMENTS AND ANALYSIS: Proposed Ordinance No. 7294-04 makes five amendments in three areas of Subsection B. Community Redevelopment District Designation of Section V. Catalytic Projects of Beach by Design. Please find below a description of each proposed amendment as well as the ordinance page number where the amendment is located. 1. Provisions Regarding the Establishment and Timeframe of the Density Pool - Third Paragraph of Page 44 of Beach By Design. (Page 2 of proposed ordinance) The first proposed amendment extends the life of the density pool from five years to 10 years to the new expiration date of June 6, 2011. When Beach By Design was approved in 200 I there was a very strong economic climate. The City approved one resort that used the density pool in December 2001. Due to unexpected litigation with the approved case and unexpected changes in resort financing as a result of terrorism, the approved project has not been constructed. Due to the amount of time it requires to plan, develop and finance a resort, it is umealistic to expect the entire pool to be allocated and resorts constructed within this five year period. If it did occur, it may be difficult for the local market to absorb the additional 600 resort units within this time period. It should be noted that the one approved development agreement that allocates pool units requires construction of the resort to commence within a certain time period. If it does not, the development approval is null and void and the units from the pool revert back to the City. Extending the life of the pool will potentially reserve the pool in the event approved development does not commence within the required timeframe. 2. Characteristics of Resort Obtaining Density Pool - Pages 46 of Beach by Design. (Pages 2 - 3 of proposed ordinance) The Planning Department is proposing amendments to three of the 14 required characteristics for projects using resort pool units. The fifth listed characteristic in Beach by Design requires a resort to have a trip generation management program that provides transportation to and from the airport and to off-site amenities and attractions. It also specifies that the cost of the airport shuttle service be included in the basic room rate of the resort. Proposed Ordinance No. 7294-04 deletes the provision requiring the shuttle cost to be included in the room rate. This amendment does not eliminate the requirement but allows the resort operator to determine how best to pay for the service. The goal of this characteristic is to ensure that a resort provide transportation to help mitigation traffic impacts associated with the increased density allowed by the pool. It is also the kind of amenity characteristic of a quality resort. Staff Report - Community Development Board - June 15,2004- Amendments to Beach by Design Page 2 Proposed Ordinance No 7294-04 proposes to revise the seventh listed characteristic that specifies that 25% of the resort units may have kitchens. Because it is customary for resorts to provide a variety of kitchen types, the Planning Department is proposing to clarify this provision. The proposed amendment will limit 25% of the rooms to full kitchen while allowing partial and mini-kitchen in the remainder of rooms. The goal of this characteristic is to ensure that the units cannot be converted into residential units and recognize that resorts to have a variety of kitchen facilities that need to be accommodated. The Planning Department is also proposing to eliminate the fourteenth listed characteristic which requires resorts using pool units to be subject to a covenant that obligates the resort to participate in a Clearwater Beach operation and maintenance assessment program. At this point no such program exists; however, whenever such a program is implemented on Clearwater Beach, it will apply to all property within the designated program area. The Planning Department is recommending this characteristic be deleted from Beach by Design. 3. Areas Eligible for the Density Pool- Page 47 of Beach by Design. (Attachment A of Ordinance) Beach by Design designates three locations as eligible for the density pool of 600 resort units. The south beach area is generally located south of the Pier 60 parking lot and north of the Adam's Mark Hotel between Coronado Avenue and South Gulfview Avenue. The first north beach area is located between Mandalay Avenue and the Gulf of Mexico between Baymont Street and Papaya Street. The second north beach area is located on the east side of Mandalay Avenue north of Baymont Street and is formerly known as the Yacht Basin apartment site. These areas were selected based on their proximity to the dry sand beach; land assembly opportunities and redevelopment potential; proximity to Clearwater Harbor; and/or location relative to the proposed Beach Walk (improved South Gulfview Boulevard). The City Council has allocated units from the resort pool for a project located in the southerly portion of the south beach pool area. An application requesting density from the pool has been submitted for a project located in the northerly portion of the south beach area, however, is not approved at this time. In 2002 building permits were issued for a townhome/condominium development at the second north beach site. This residential project is currently under construction and precludes the development of a resort in this location. The proposed amendment to Beach by Design would eliminate the pool's availability from the 6.2 acre second north beach site. In its place, the pool would be extended to 4.6 acres of land located between Mandalay Avenue and the Gulf of Mexico between Baymont Street and Rockaway Street adjacent to the first north beach location. This site is well suited for the density pool due to its proximity to the dry sand beach, its location adjacent to an area already available for the pool, assembly opportunities, and serious Staff Report - Community Development Board - June 15,2004- Amendments to Beach by Design Page 3 developer interest. There is a companion item to this amendment (CPA2004-04001, Agenda Item E5) that amends the Clearwater Comprehensive Plan regarding the pool location. Approval of the companion item will render this special area plan amendment consistent with the Comprehensive Plan. CONSISTENCY WITH COMPREHENSIVE PLAN: The purpose of Beach by Design: A Preliminary Design for Clearwater Beach is to guide redevelopment activities within the Clearwater Beach Community Redevelopment District. One major strategy included in the Plan is to stimulate the construction of quality family-oriented destination resorts within targeted areas of the District. The proposed amendments to Beach by Design do not change the focus of this Plan. While the amendments recognize changed conditions, they maintain consistency with the City's long range planning policies for Clearwater Beach as specified in the Clearwater Comprehensive Plan and as enumerated below. . Objective 2.1 - The redevelopment of blighted, substandard, inefficient and/or obsolete areas shall be a high priority and promoted through the implementation of redevelopment and special area plans, the construction of catalytic private projects, city investment, and continued emphasis on property maintenance standards. . Policy 2.1.1 - Redevelopment shall be encouraged, where appropriate by providing development incentives such as density bonuses for significant lot consolidation and/or catalytic projects, as well as the use of transfer of development rights pursuant to approved special area plans and redevelopment plans. . Policy 2.1.2 - Renewal of the beach tourist district shall be encouraged through the establishment of distinct districts within Clearwater Beach, the establishment of a limited density pool of additional hotel rooms to be used in specified geographic areas of Clearwater Beach, enhancement of public rights-of-way, the vacation of public rights-of-way when appropriate, transportation improvements, inter-beach and intra-beach transit, transfer of development rights and the use of design guidelines, pursuant to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. . Objective 19.6 - Redevelopment areas established in coastal areas should address the needs and opportunities unique to those locations. Staff Report - Community Development Board - June 15,2004- Amendments to Beach by Design Page 4 SUMMARY AND RECOMMENDATION: The proposed amendments to Beach by Design: A Preliminary Design for Clearwater Beach revise provisions in Subsection B. Community Redevelopment District Designation of Section V. Catalytic Projects. Due to the complexity of planning, financing and constructing a resort, the first amendment extends the life of the resort density unit pool from five to 10 years. The second amendment revises the trip generation management requirement that airport shuttle service be financed through room rates. Deletion of this requirement enables resorts to determine how to best provide this service. The third amendment clarifies that resort units with a full kitchen are limited to 25% of the total units. It also recognizes that partial and mini-kitchens are typical amenities found in resorts. The fourth amendment deletes a characteristic that requires resorts to be subject to participation in an operation and maintenance assessment program for Clearwater Beach. In the event such a program is developed, all affected properties will be obligated to participate, therefore, this characteristic is not needed and really does not ensure the development of a quality resort. The last amendment creates an opportunity for resort development to occur on the Gulf of Mexico in place of the former Yacht Basin site, which is no longer available for redevelopment. The Planning Department Staff recommends APPROVAL of the amendments herein to Beach by Design: A Preliminary Design for Clearwater Beach, with the following bases. Bases for approval: I) The proposed amendments are consistent with the Comprehensive Plan and the Community Development Code. 2) Beach by Design, as amended, provides a realistic timeframe for the use of the resort density pool on Clearwater Beach.. 3) The amendments refine but does not dilute the required characteristics of resort development eligible for the resort density pool. 4) The amendments provide another location eligible for the pool in light of residential redevelopment of the Yacht Basin site. Prepared by Planning Department Staff: Gina L. Clayton, Long Range Planning Manager ATTACHMENT: Ordinance No. 7295-04 Beach by Design - Pages 42 - 55 S:\Planning Department\BEACH BY DESIGN\Amendments to Beach by Design\Availability of Pool on Clearwater Beach Hotel Site 2004\Pool Eligibility Amendments re BBD StaffReport.doc Staff Report - Community Development Board - June 15, 2004- Amendments to Beach by Design Page 5 s::: ~ en cu c:::::l ::::::-.. ...s:::a ..s::::= c...> ca cu co ~ .S ..= ~oo .8 ~rn ~.Q 'b .S i:J a 'E .S ;> U c..... C 0....0 .... _ (!) C':l o :>.. C':l.... 1::.... 0 S 00 ~ s ~ ZO 'E ~.<;::: (!) U (!) U "Q) (!) (!) i: 0...... ~ ~ U co S (!) ;> 00 ~.... 0 I-; OJ) U .....!.. I-< (!).......c:: (!) 00 ....- (!) I:: "Q) (!) .2 .s 's ..... "'0 C':l] ~ ~ 0.. 0 .8 ~.s C':l..c:: d >. S....."'O (!)..9t;j"'O ~ ..... ;;;1..0 (!) "" 0.... "'0 (!) I-; C':l "'0 ;::..::: 0 "'O..c:: ~ ..... C':l (!) ;>] C':l ~~] ~;> U (!)f-; 0 00 ~ I-<~ C':l OJ) 00 U - "'0 ~oo U d 0 C':l '-' - ~ '[il C':l U (!) :>.. I:: ...... ;;;I ~ I:: ;>- (!) 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(\)CQ :O,J:::i .s ~ OJ)(\) I: co .~ .S 0"0 = ~ t.8 0 (\) e- ,J:::i 0 E-<o... .g 'l::: c k: l.." ~ ~ ~ <:u U '0> ~ G :::: ..=: '" ~ <:u i:Cl ;... ~ ~ ~ t$ ;... ~ I:: ,~ ~ Q C. ~ I:: 'E1 '- ~ ~ ~ ,~ ~ ~ .6' ..=: '" ~ ~ i:Cl q.1 City Council m~g~n dC!,,~Q~,~!:,~,~!!!,Q'~'C!m!!,~,~!l1 ~w PLD3 Tracking Number: 624 Actual Date: 06/17/2004 Subject / Recommendation: Approve the Petition for Annexation, Land Use Plan Amendment from the Residential Urban (RU) Category (County) to the Residential Urban (RU) Category (City) and Zoning Atlas Amendment from the AE, Agriculture Estate Residential District (County) to the Low Medium Density Residential (LMDR) District (City) for 193 & 197 Elizabeth Avenue together with the abutting right of way easement of Elizabeth Avenue (consisting of metes and bounds 13/14 and 13/15 in Section 17, Township 29 South and Range 16 East); and PASS Ordinances #7296-04, #7297-04 & #7298-04 on first reading. Summary: The subject property is 0.48-acres of vacant land located at 193 & 197 Elizabeth Avenue, on the east side of the street, approximately 800 feet north of Gulf to Bay Boulevard, The applicant is requesting this annexation in order to receive City sewer service so the properties can be developed with two single-family homes, The abutting right-of-way easement is also proposed to be annexed. The property is contiguous with the existing City boundaries on all sides; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. It is proposed that the property have a Future Land Use Plan designation of Residential Urban (RU) and a zoning category of Low Medium Density Residential (LMDR) District, The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: The proposed annexation will not have anadverse impact on public facilities and their level of service. The proposed annexation is consistent withthe City's Comprehensive Plan, the Countywide Plan and the Community Development Code, The proposed annexation is contiguous toexisting municipal boundaries, represents a logical extension of the boundaries and eliminates 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 (ANX2004-02003) for the complete staff analysis. The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on May 18, 2004 and unanimously recommended approval. Oriqinatinq: Planning Section Quasi-judicial public hearings Cateqorv: Annexations, Land Use Plan and Zoning Public Hearing: Yes Advertised Dates: 05/02/2004 06/27/2004 Financial Information: City Council ,...,q,~9..~I!~!!!~~~~.~.,q~t~.!!!.~!:!!!.~~.~!!!.~. Review Approval Cvndi Taraoani 05-25-2004 15:31 :05 Garrv Brumback 06-07-2004 09:37:49 Leslie Douaall-Sides 05-25-2004 16:31:04 Bill Horne 06-07-2004 16:28:21 Cvndie Goudeau 06-07-2004 17:01:25 CDB Meeting Date: May 18. 2004 Case Number: ANX2004-02003 Agenda Item: E-l CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION OWNER/APPLICANT: Jeanne Bridges REPRESENTATIVE: Steven S. Kozenieski LOCATION: 193 and 197 Elizabeth Avenue REQUEST: (a) Annexation of0.44-acres of property and 0.04-acres of abutting Elizabeth Avenue right-of-way easement to the City of Clearwater; (b) Land Use Plan amendment from the Residential Urban (RU) Category (County) to the Residential Urban (RU) Category (City of Clearwater); and (c) Rezoning from the AE, Agriculture Estates Residential District (County) to the LMDR, Low Medium Density Residential District (City of Clearwater). SITE INFORMATION PROPERTY SIZE: 20,908 square feet or 0.48 acres DIMENSIONS OF SITE: 140 feet wide by 150 feet deep m.o.I. PROPERTY USE: Current Use: Proposed Use: Vacant Detached dwellings (2 single family homes) PLAN CATEGORY: Current Category: Proposed Category: Residential Urban (RU) (County) Residential Urban (RU) (City) ZONING DISTRICT: Current District: Proposed District: AE, Agriculture Estate (County) LMDR, Low Medium Density Residential (City) Staff Report - Community Development Board - May 18, 2004 - Case ANX2004-02003 Page 1 EXISTING SURROUNDING USES: North: Single-family residential South: Single-family residential East: Mobile home park West: Multi-family residential ANALYSIS: This annexation involves two vacant parcels totaling 0.48-acres located on the east side of Elizabeth Avenue, approximately 600 feet north of Gulf to Bay Boulevard, The property is contiguous with the existing City boundaries to the north, south, east and west; therefore, the proposed annexation eliminates an enclave and is consistent with Florida Statutes with regard to voluntary annexation. It is proposed that the property have a Future Land Use designation of Residential Low (RU) and a zoning category ofLMDR, Low Medium Density Residential. I. IMPACT ON CITY SERVICES: Water and Sewer The property will receive 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 Elizabeth Avenue 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 #49 located at 565 Sky Harbor Drive. 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, Staff Report - Community Development Board - May 18, 2004 - Case ANX2004-02003 Page 2 II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.l] The Pinellas County Comprehensive Plan and the Countywide Plan designate the site as Residential Urban (RD). It is the purpose of this category to depict those areas of the County that are now developed, or appropriate to be developed, in an 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 are the primary uses in the plan category up to a maximum of 7.5 dwelling units per acre. Secondary uses include Residential Equivalent; Institutional; Transportation/Utility; Public Educational Facility; Ancillary Non-Residential and Recreation/Open Space. 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 ofthe 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 2-201.1. & 4-604.F.5.] The site is currently zoned AE, Agriculture Estate District in the County, The parcel will be zoned LMDR, Low Medium Density Residential which is the appropriate zoning district under the Community Development Code. The two parcels are each 70 feet in width and approximately 9,380 square feet in lot size more or less, 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 properties exceed the minimum dimensional requirements of a standard development in the LMDR District and are therefore consistent with the Community Development Code. IV. CONSISTENCY WITH THE COUNTYWIDE PLAN: There is no change requested in the Comprehensive Plan category of the site, which will remain Residential Urban (RU) with a maximum density of 7.5 dwelling units per acre for the Residential Urban plan category, 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 on all sides and eliminates an enclave. The compactness standard of Florida law requires that the annexation does not create an enclave or a Staff Report - Community Development Board - May 18, 2004 - Case ANX2004-02003 Page 3 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, 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 because it will eliminate an enclave, Based on the above analysis, the Planning Department recommends APPROVAL of the following actions on the request: Recommend APPROVAL of the annexation of the property located at 193 and 197 Elizabeth Avenue. Prepared by Planning Department Staff: Bryan S. Berry, Planner Attachments: Application Location Map Aerial Photograph Proposed Annexation Future Land Use Map Zoning Map Surrounding Uses Map Site Photographs s: \Planning DepartmentlC D BlAnnexationslANX - 20041ANX2004-02003 J. Bridges, 193 & 197 Elizabeth A ve1ANX2004-02003 staff report. doc Staff Report - Community Development Board - May 18,2004 - Case ANX2004-02003 Page 4 Looking east internal to the parcel. Looking southeast internal to parcel. Neighboring residential home to the west. 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Size (Acres): 0.04 Land Use Zoning PIN: 17/29/16/00000/130/1400 17/19/16/00000/130/1500 From RU (County) AE (County) To: RU LMDR Atlas Page: 291B o Owners: From .., ~.~_~10 - - --, , , :' 1~8 , , , ., : 200 ~ - ., :~u ~04 r--~08 : ' " , ,. , , ' ,- '212 t.. _.' ", c. :- - -~OO I. _., ,. -., , , : _ .3.QO ~ - -,324 ,.1 : , , - --, I ~ u, Site: '-""-, Ail 0:- .-- .' '--, , , 1:15 _I , -' '-' 119 2bJ__: t-"'i 2q,S : 'u , : :216 ~ S t:J :b ~ 2~9 . ~, ., ," 'u r - -,_ , , 21}__:- 2f;-' , " , .' MDR r - - -- - -., , , , , '-.. _ --.' ., '" ., '" , , , , - - -- --I '-------------_: ;J; ., '" :~._.l CJ C) [~~i i-J!.._J[~:J.:~~._~j[:-~' " . , , , r-~ r- : " , ~ _ .' -, :_- -;. ..' 'u~po , , 38~ : r--j~ '. - __I i - 1220 , ' , -: 22;1", , . " ' i - - --I 391 - ~ - -, , 3oL.i r-~4 ill 400 . , - -, I '----1 ,-- , , ~ _ .3.08 ,--, , ' 309__: 4~i'-, , , ~ _.' ,. - --, , ,. '. .., : '__I , , , , , , , , , , ' : ~~--.' " " .... " ..llO.. _ _ _. I I ~ --, :(12 , . ' 313---' ,..., , , , -------, , , , (._I ~:_-- '" , " , " 316 3i7u; l;l ., '" GULF-TO-BA Y BLVD Zoning Map - - .-, - _.1 u, ,. - - --, " ~_____-J' :_-_-_-~:I C _ _ ~ ~ !" _ _ _~ I~'- - --~ ,-' .. - -.' - - - ,. --, 321 325 401 4/li' . u , ' 4'3 : , : , , , , , , , , , , , , :. - - - ~ Jeanne Bridges r - --I . . ..,. .,,1:' . , ,- - -.' ,--: - -I~ - -.' ~ ---., , , , , '. - --- , , , , , , 1....1 _-I ---, I_I I . , ,_ __ _ 4 , , 1~1 :; 1--" C , ._ __I .!-: :1 .. - -- . "-I ~ ;--:- , , 1_ _ __I r---- , ' ~---~ I I :___J -1- __I ~~-i_1 L-_-_-_) L:__-_-I; 1---' ~ -.1 1:___1 1---- . roo:. ~ f..-J~ _.J ~ - __I ,i - - -,_ j" --I ~ - - _: r---- "':'---11 I I I . , ,1_ _ ~_, . - - --' I::-I_~ /'--1_, .__1 I__..~i I -- ;----" 1_ " I'.:-.r~ 1;------- I 1,1 I 1___.1 ____.. ,- --I ,- --, I I, : L 'I I I II I , II ' ~---: '___Il___} , , , , , , : ' - - __I '" ., ., '" Case: 193 & 197 Elizabeth Avenue Property Size (Acres): R.O.W. Size (Acres): To: Land Use RU (County) RU Zoning AE (County) LMDR Atlas Page: PIN: I----~ , , ,_ - __I , ' , .' ~-:.-_...:- ~ -, -_: .~ - - -: , , ..'" - - - ~ 1- _ ___I -----, , , 11_ _ _ _ 2 ..! -...- , " 1__ _ ,_ r- -, 1- -I ..~ --; . , , " 1- _ __ ~-- :. II I' ,- - --, I, " 1- -I -1- __i ~~~~'I: ~----: ..--I I I ,~_ _ _..! 1- _ __I /--- /..~--,_, -I '- - --, jjH"P : "1 , .. - - -. .' ,- - - - -, . - - --I I " I :_____:t_ _,- ". , [..- -~':I .:~_:-:, r--. I.. .1 .. - ---I ~ : ~ - - - - , - - --I ... - , , '-- __I '-'- -.. , , , , '. - __I - - - - I I 1- I I _ ~ __1'1_.-" _.:. i - - - I ..I~ ~ 1_ _,~~ ~ - - - _,I , , :----: (-..--: 1- _ _ -' 1_ - --II ~----~ ~--.-I 1----.. " , 1_ _ , I .-;1 ... _ _ _-I ~ ..i - - -, , , '_ _ _ _I , I , , -, , ,- >; ~ '" "'.. 0,0, .,., "'''' .------ , , , , 1- __ __.. j ---- 1- ___: , , , 1____1 1- - - -. , ' , ' L__ __I ~.! : , , .' , " , , , , , '., '0, ,., '-'" '- " , , .. , , , '0 '_ - - __I 1- -- --, , , , , '- ...-_1 ;- - ---I , , , ' 1- --- , j- , ~ - -- -_: ,- , , ,. ,..----- ...-----1 I I, , : - - - _: I ~ _ _ _ _ ~ , , ,- , , L ~ - - --: :- -_.! j---- , , _,-1_- , , , 1- _ I , ,. , ' , : I_~. __ r - --, , , L___-..' i - ---I , I ____: r---- , , , ...-- , 1- ___I j - ---I , ' ~-- -_: ,. - , ,- - - - --I , : 1- __'- " , , ,. , , ..----j r , ~-----' ~_....-: , , ' - - - __I , , , .- ANX2004-02003 0.44 0.04 17/29/16/00000/130/1400 17/19/16/00000/130/1500 291B ORDINANCE NO. 7296-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF ELIZABETH AVENUE, APPROXIMATELY 810 FEET NORTH OF GULF TO BAY BOULEVARD, CONSISTING OF A PORTION OF METES AND BOUNDS 13/14 AND 13/15 IN SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST, TOGETHER WITH THE ABUTTING RIGHT OF WAY EASEMENT OF ELIZABETH AVENUE, WHOSE POST OFFICE ADDRESS IS 193 AND 197 ELIZABETH 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 COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See legal description attached hereto. (ANX2004-02003 ) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7296-04 Legal description for ANX2004-02003 The north }'2 of the northerly 140.0 feet of the southerly 1030.00 feet of the easterly 150.0 feet of the westerly 980.0 feet of the southwest ~ of the northeast ~ of Section 17, Township 29 South, Range 16 East, Pinellas County, Florida. Containing 9453.59 square feet or 0.22 acres more or less, together with the abutting right of way easement of Elizabeth Avenue. And The south }'2 of the northerly 140.0 feet of the southerly 1030.00 feet of the easterly 150.0 feet of the westerly 980.0 feet of the southwest ~ of the northeast ~ of Section 17, Township 29 South, Range 16 East, Pinellas County, Florida. Containing 9438.89 square feet or 0.22 acres more or less, together with the abutting right of way easement of Elizabeth Avenue. Ordinance No. 7296-04 r ORDINANCE NO. 7297-04 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 ELIZABETH AVENUE, APPROXIMATELY 810 FEET NORTH OF GULF TO BAY BOULEVARD, CONSISTING OF A PORTION OF METES AND BOUNDS 13/14 AND 13/15 IN SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST, TOGETHER WITH THE ABUTTING RIGHT OF WAY EASEMENT OF ELIZABETH AVENUE, WHOSE POST OFFICE ADDRESS IS 193 AND 197 ELIZABETH 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 COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property See legal description attached hereto. (ANX2004-02003) Land Use Cateaorv Residential Urban Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7296-04. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor Approved as to form: Attest: Cynthia E. Goudeau City Clerk Leslie K. Dougall-Sides Assistant City Attorney Ordinance No. 7297-04 Legal description for ANX2004-02003 The north ~ of the northerly 140.0 feet of the southerly 1030.00 feet of the easterly 150.0 feet of the westerly 980.0 feet of the southwest ~ of the northeast ~ of Section 17, Township 29 South, Range 16 East, Pinellas County, Florida. Containing 9453.59 square feet or 0.22 acres more or less, together with the abutting right of way easement of Elizabeth Avenue. And The south ~ of the northerly 140.0 feet of the southerly 1030.00 feet of the easterly 150.0 feet of the westerly 980.0 feet of the southwest ~ of the northeast ~ of Section 17, Township 29 South, Range 16 East, Pinellas County, Florida. Containing 9438.89 square feet or 0.22 acres more or less, together with the abutting right of way easement of Elizabeth Avenue Ordinance No. 7297-04 ORDINANCE NO. 7298-04 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 ELIZABETH AVENUE, APPROXIMATELY 810 FEET NORTH OF GULF TO BAY BOULEVARD, CONSISTING OF A PORTION OF METES AND BOUNDS 13/14 AND 13/15 IN SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST, TOGETHER WITH THE ABUTTING RIGHT OF WAY EASEMENT OF ELIZABETH AVENUE, WHOSE POST OFFICE ADDRESS IS 193 AND 197 ELIZABETH 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 COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1, The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoninq District See legal description attached hereto (ANX2004-02003) 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. 7296-04. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7298-04 Legal description for ANX2004-02003 The north }'2 of the northerly 140.0 feet of the southerly 1030,00 feet of the easterly 150.0 feet of the westerly 980.0 feet of the southwest ~ of the northeast ~ of Section 17, Township 29 South, Range 16 East, Pinellas County, Florida. Containing 9453.59 square feet or 0.22 acres more or less, together with the abutting right of way easement of Elizabeth Avenue. And The south }'2 of the northerly 140.0 feet of the southerly 1030.00 feet of the easterly 150.0 feet of the westerly 980.0 feet of the southwest ~ of the northeast ~ of Section 17, Township 29 South, Range 16 East, Pinellas County, Florida. Containing 9438.89 square feet or 0.22 acres more or less, together with the abutting right of way easement of Elizabeth Avenue Ordinance No. 7298-04 q /d- City Council ~g,~,~~,~~~,~,~~r,~,~~~r~~,~,~m . '" pw Lf Tracking Number: 623 Actual Date: 06/17/2004 Subject / Recommendation: Approve the Annexation, Land Use Plan Amendment from Residential Low (RL) category to Residential High (RH) category, and Zoning Atlas Amendment from the Agricultural Estate (AE) District (County) to the Medium High Density Residential District (MHDR) (City) for property located at 2025 North Highland Avenue (consisting of a portion of Metes and Bounds 21/06, 21/07 and 21/08 in Section 2, Township 29 South, Range 15 East) And Pass Ordinance Nos. 7299-04, 7300-04 & 7301-04 on first reading. Summary: SUMMARY: The subject site is comprised of three parcels of land totaling 4.4 acres in area. It is located approximately 1,300 feet north of Sunset Point Road on the east side of North Highland Avenue. The annexation, land use plan amendment and rezoning is requested by the applicant, Bayshore Broadway, Inc., who intends to construct up to 132 attached dwelling units on this site. The annexation will enable the applicant to receive solid waste and sanitary sewer service. The required impact fees will be paid at the time building permits are issued, The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: The proposed annexation will not have anadverse impact on public facilities and their level of service, The proposed annexation is consistent withthe City's Comprehensive Plan, the Countywide Plan, the Community Development Code and Pinellas County and Florida Law. The proposed annexation is contiguous toexisting municipal boundaries, represents a logical extension of the boundaries and eliminates an enclave. Please refer to the attached annexation (ANX2004-03004) report for the complete staff analysis. 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.The applicant is requesting to amend the Future Land Use Plan Map designation for this 4.4-acre site from Residential Low (RL) (County) to Residential High (RH) (City), Approval of this request would allow the developer to consolidate the entire site in the Residential High (RH) future land use plan category and the Medium High Density Residential (MHDR) zoning district, The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: The proposed land use plan amendmentand rezoning application are consistent with the Comprehensive Plan. The proposed use is compatiblewith the surrounding area. Sufficient public facilities are availableto serve the property, The applications will not have anadverse impact on the natural environment, Please refer to the attached land use plan and rezoning (LUZ2004-03002) 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 proposed density of the plan amendment, review and approval by the Florida Department of Community Affairs is required. The Community Development Board reviewed these applications at its public hearing on May 18, 2004 and unanimously recommended approval of both applications. Originating: Planning City Council .,..,.....".~~.~~..~.~~.~,~.~.~.~.....~.~..~..~~.~.~~,!J m~.....,. Section Quasi-judicial public hearings Category: Annexations, Land Use Plan and Zoning Public Hearing: Yes Advertised Dates: 05/02/2004 06/27/2004 Financial Information: Review Approval Cvndi Taraoani Leslie Douaall-Sides 05-25-2004 15:36:59 06-07-2004 09:48:04 05-25-2004 16:31:46 06-07-2004 16:27:30 Garrv Brumback Bill Horne Cvndie Goudeau 06-07-2004 17:02:23 Aerial Photograph Owner Leonard Chetkin & Mary Chetkin Case: LUZ2004-03002 Site: 2025 North Highland Avenue 4.4 Land Use Zoning PIN: 02/29/15/00000/210/0600 From: RL A-E (County) 02/29/15/00000/210/0700 02/29/15/00000/210/0800 To: RH MHDR Atlas Page: 252A '" --I p_..-~I I, ....1 " , ," I L _.. '. _ __.' '" "- -. _.Ln .10.'--, ... ~ I ~ I .,.,.... 1 _____1..._,----- '20()4 .. - - . _ _ _ I ~.. -' \....\\ . \..-...\ ,. J ..,.... , ,-" ---, I ...._, I ~ '__.. .---'e: ~ I ~ L______~ , , ~- ,-~ : .-"" -, , , 20(5_.. _: ~-~. , ' :_.... ~_l ~063 :_ , : ~.... ~- ~57:_ 'n ' r51 _ 2p-t5: ~ !___i iT1 :b c: ~ , , '. 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'trT.., \,Q ~ -'~ ,- - -- - - -- -- - - - - ~ :- - - - - - -- - -- ---~ '" ;'J; -- .. , _,--I '" '" '" ,-- - =--, , ' , ' 1- - ~ _ J .- -. ,- - I : ~: 1__ O'\l ,-~ " .. '" ., I-"-;-~: ~- I .,' !.. -,~ --... ...... }g6~ , c1-96~ Zoning Map Leonard Chetkin & Mary Chetkin LUZ2004-03002 Site: 2025 North Highland Avenue Land Use From RL To: RH Case: Property Size(Acres): 4.4 Zoning 02/29/15/00000/210/0600 02/29/15/00000/210/0700 02/29/15/00000/210/0800 PIN: A-E (County) MHDR Atlas Page: 252A View looking northeast from southwest comer side of site View looking southeast from west side of site View looking east from west side of site View looking east from west side of site View looking east from west side of site View looking east from west side of site Bayshore Broadway, Inc. L UZ2004-03002 2025 North Highland Avenue CDB Meeting Date: May 18. 2004 Case Number: ANX2004-03004 Agenda Item: E-3 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION OWNER: Leonard Chetkin and Mary Chetkin. APPLICANT: Bayshore Broadway, Inc, REPRESENTATIVE: Alex Panik (Panik Engineering, Inc.) LOCATION: 2025 North Highland Avenue, REQUEST: Annexation of 4.4-acres to the City of Clearwater to be included as part of a pending land use and zoning case (LUZ2004-03002). SITE INFORMATION PROPERTY SIZE: 191,664 square feet or 4.4 acres DIMENSIONS OF SITE: 567 feet wide by 287 feet deep PROPERTY USE: Current Use: Proposed Use: Single-family dwellings Multi-family dwellings PLAN CATEGORY: Current Category: Proposed Category: Residential Low (RL) (County) Residential High (RR) (City) (pending LUZ2004-03002) ZONING DISTRICT: Current District: Proposed District: (A-E), Agricultural Estate (County) MHDR, Medium High Density Residential (City) (pending LUZ2004-03002) Staff Report - Community Development Board - May 18, 2004 - Case ANX2004-03004 Page 1 EXISTING SURROUNDING USES: North: Multi-family residential South: Single-family residential East: Multi-family residential West: Single- family residential ANALYSIS: This annexation involves a 4.4-acre property consisting of three parcels, located on the east side of North Highland Avenue approximately 1,300 feet north of Sunset Point Road. The property is contiguous with the existing City boundaries on all sides therefore, the proposed annexation will eliminate an enclave and is consistent with Florida Statutes with regard to voluntary annexation. The applicant is requesting this annexation to receive sanitary sewer service. A companion application to change the Future Land Use Plan category of the entire site from Residential Low (RL) to Residential High (RR), and to rezone it from A-E, Agricultural Estate (County) to the MHDR, Medium High Density Residential District is being processed concurrently with this annexation request in LUZ2004-03002 (see agenda item F-4), I. IMPACT ON CITY SERVICES: 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 from this utility. The closest sewer line is located near the southwest comer of the site in the North Highland Avenue 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 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 property is located within the East Police District and service will be administered through the District 3 Substation located at 2851 McMullen Booth Road and County Road 580, There are currently 56 patrol officers and 7 patrol sergeants assigned to this district. Community policing service will be provided through the City's zone system and officers in the field, The Police Department has stated that it will be able to serve this property and the annexation will not adversely affect police service and response time, Staff Report - Community Development Board - May 18,2004 - Case ANX2004-03004 Page 2 Fire and Emergency Medical Services Fire and emergency medical services will be provided to this property by Station #48 located at 1716 North Belcher Road until mid-2004 at which time service will be provided by Station #51 located at 1720 Overbrook 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. 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 and objective 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, 3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. 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 2-1001.1. & 4-604.F.5.] The site is currently zoned A-E, Agricultural Estate District in the County, The applicant proposes to rezone the property to the MHDR, Medium High Density Residential District. The proposed rezoning is being processed concurrently with the annexation and is more thoroughly analyzed and discussed in the staff report for LUZ2004-03002 (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 Low (RL) category to the Residential High (RH) category in LUZ2004-03002 (see agenda item F-4). The proposed rezoning is being processed concurrently with the annexation and is more thoroughly analyzed and discussed in the staffreport for LUZ2004-03002 (see agenda item F-4), Staff Report - Community Development Board - May 18, 2004 - Case ANX2004-03004 Page 3 V. 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 all applicable 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 on all sides and represents a logical and appropriate 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 eliminates an enclave. In summary, the annexation of this property is consistent with Florida law. 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 water, 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 and eliminates an enclave. Based on the above analysis, the Planning Department recommends APPROVAL of the following action on the request: Annexation of 4.4-acres to the City of Clearwater. Prepared by Planning Department Staff: Mark T, Parry, Planner Attachments: Application Location Map Aerial Photograph Proposed Annexation Surrounding Uses Map Site Photographs S:\Planning Department\C D BlAnnexationslANX - 2004IANX2004-03004 2025 N Highland Highland Bayshore Broadway, Inc1ANX2004- 03004 stafJreport,doc Staff Report - Community Development Board - May 18, 2004 - Case ANX2004-03004 Page 4 CDB Meeting Date: Mav 18. 2004 Case Number: LUZ2004-03002 Agenda Item: E-4 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION OWNER: Leonard Chetkin and Mary Chetkin. APPLICANT: Bayshore Broadway, Inc. REPRESENTATIVE: Alex Panik (Panik Engineering, Inc,) LOCATION: 2025 North Highland Avenue. REQUEST: (a) Land Use Plan amendment from the Residential Low (RL) Classification (County) to Residential High (RH) Classification (City) (pending ANX2004-03004); and (b) Rezoning from the A-E, Agricultural Estate District (County) to the MHDR, Medium High Density Residential District (City of Clearwater) (pending ANX2004-03004). SITE INFORMATION PROPERTY SIZE: 191,664 square feet or 4.4 acres DIMENSIONS OF SITE: 567 feet wide by 287 feet deep PROPERTY USE: Current Use: Proposed Use: Single- family dwellings Multi-family dwellings PLAN CATEGORY: Current Category: Proposed Category: Residential Low (RL) (County) Residential High (RH) (City) Staff Report - Community Development Board - May 18, 2004 - Case LUZ2004-03002 Page I ZONING DISTRICT: Current District: Proposed District: A-E, Agricultural Estate (County) MHDR, Medium High Density Residential (City) EXISTING SURROUNDING USES: North: Multi-family residential South: Single-family residential East: Multi-family residential West: Single-family residential ANALYSIS: This Future Land Use Plan (FLUP) amendment and rezoning application involves three parcels of land, approximately 4.4 acres in area included in a companion application to annex the overall property into the City of Clearwater (Case# ANX2004-03004). The site is currently occupied by two single-family dwellings and has a FLUP designation of Residential Low (RL) and a zoning classification of A-E, Agricultural Estate (County). The applicant is requesting to amend the FLUP designation of the site to the Residential High (RH) classification and to rezone it to the MHDR, Medium High Density Residential District. If approved, the site will be developed with attached dwellings. 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 density of the amendment request, review and approval by the Florida Department of Community Affairs is required. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-603.F.l] Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed land use plan amendment are as indicated below: 2,1 Objective -The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. 2.2.1 Policy - On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. 3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. 5.1.1 Policy - No new development or redevelopment will be permitted which causes the level of City services (traffic circulation, recreation and open space, water, sewage treatment, garbage collection, and drainage) to fall below minimum acceptable levels, However, development orders may be phased or otherwise modified consistent with provisions of Staff Report - Community Development Board - May 18, 2004 - Case LUZ2004-03002 Page 2 the concurrency management system to allow services to be upgraded concurrently with the impacts of development. 16.1 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 ofthe residents ofthe City of Clearwater. The proposed plan amendment is not in conflict with any 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 High (RR) category, as specified in Section 2.3.3.3,1 of the Countywide Rules, is to depict those areas of the County that are now developed, or appropriate to be developed, in a highly intensive residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the urban and intensive qualities, transportation facilities and natural resource characteristics of such areas. The Residential High (RR) category is generally appropriate to locations within or in close proximity to urban activity centers; in areas where use and development characteristics are high density residential in nature; and in areas serving as an urban center. These areas are typically in close proximity to and may have direct access from the arterial and thoroughfare highway network and are served by mass transit in a manner that provides an alternative to individual automobile use. This designation is generally not appropriate for coastal high hazard and evacuation level "A" areas. The proposed use of the property for a townhome development is consistent with the purposes of the Residential High (RR) category. The site is adjacent to property currently used for high density residential purposes and is located along a major arterial, North Highland Avenue. The site is also located in close proximity to Sunset Point Road, another major arterial. 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] Primarily single- and multi-family dwellings characterize North Highland Avenue, between Union Street and Sunset Point Road. There are a variety of non-residential uses located farther to the north of the site at the southeast comer of North Highland Avenue and Union Street. Offices and retail uses are located at the southeast and west comers of North Highland Avenue and Sunset Point Road, Residential High (RR) future land use is located to the north and east of the site, while Residential Low (RL) future land use is located farther to the north of the site, Residential High (RR) dominates the land use to the north and east of the property while Residential Urban (RU) land use is located to the west and south. Staff Report - Community Development Board - May 18, 2004 - Case LUZ2004-03002 Page 3 The existing surrounding uses include single-family dwellings to the west and south and multi- family residential dwellings to the north and east. Office buildings are located to the north and northwest of the site, The proposed FLUP designation and rezoning is in character with the overall FLUP designation along this block and is compatible with surrounding uses. IV. SUFFICIENCY OF PUBLIC FACILITIES As stated earlier, the subject site is approximately 4.4 acres in area and is presently occupied by two single-family dwellings, Based on a maximum permitted density of five units per acre in the Residential Low (RL) category, 22 dwelling units could be constructed on this site, The allowable development potential in the Residential High (RR) category is 30 units per acre, which would allow 132 dwelling units to be constructed on this site. Roadways The accepted methodology for reviewing the transportation impacts of proposed plan amendments is based on the Pine lIas 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 FLUP categories and are included in the next table. Maximum Dail Added Potential Tri s Maximum PM Peak Hour Added Potential Tri S3 Volume of North Highland Avenue from Sunset Point Road to Union Street LOS of North Highland Avenue from Sunset Point Road to C C C C Union Street N/ A = Not Applicable LOS = Level-of-Service 1 = Based on PPC calculations of 51 trips per acre per day for the Residential Low Future Land Use Category, 2 = Based on PPC calculations of 183 trips per acre per day for the Residential High Future Land Use Category, 3 = Based on MPO K-factor, Source: "The Rules" of the Countywide Future Land Use Plan Based on the 2003 Pinellas County Metropolitan Planning Organization (MPO) Level of Service Report, the segment of North Highland Avenue from Sunset Point Road and Union Street has a LOS of F, The applicant submitted a traffic impact study prepared by Avid Engineering that concluded that this segment of Highland Avenue is actually operating at a LOS C, Upon further review of the MPO Level of Service Report, the Clearwater Traffic Operations Division determined that the report did not include existing turn lanes at Union Street and Sunset Point Road and did not account for construction underway along Highland Avenue (Patricia Avenue) north of this segment. Based on information provided by the City, the MPO has revised the LOS for this segment of North Highland Avenue between Union Street and Sunset Point Road from F to C. Traffic from the subject site will be distributed to North Highland Avenue. Based on a traffic impact study prepared by the applicant, the anticipated increase in PM peak trips will not degrade the LOS for Highland Avenue, Staff Report - Community Development Board - May 18, 2004 - Case LUZ2004-03002 Page 4 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 22 dwelling units N/A N/A Townhome/Condo (5,86 trips/dwelling unit) Proposed Zoning/Future Land Use Plan 132 dwelling units 132 dwelling units 774 563 71 49 Apartments (6,63 trips/dwelling unit) 875 664 88 66 The City of Clearwater Engineering Department has concluded based on the traffic impact study provided by the applicant that the transportation impacts associated with this land use plan amendment are minimal and will not degrade the LOS of Highland Avenue, Furthermore, it is anticipated that the increase in PM peak trips will have no impact on the operational efficiency of the signalized intersections within this segment of Highland Avenue. 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 along an existing transit route and headways are less than or equal to one hour. Pinellas Suncoast Transit Authority (PST A) bus service is available along North Highland Avenue, Water The current FLUP category could use up to 5,500 gallons per day. Under the proposed FLUP category, water demand could approach approximately 33,000 gallons per day. The proposed land use will not negatively affect the City's current LOS for water. Wastewater The current FLUP category could produce up to 4,400 gallons per day. Under the proposed FLUP category, sewer demand could approach approximately 26,400 gallons per day. The proposed land use will not negatively affect the City's current LOS for wastewater. Solid Waste The current Residential Low FLUP category would result in the production of 56 tons of solid waste per year. Under the proposed FLUP category, the proposed attached dwellings could generate 335 tons of solid waste per year, The proposed land use will not negatively affect the City's current LOS for solid waste disposal. Staff Report - Community Development Board - May 18, 2004 - Case LUZ2004-03002 Page 5 Recreation and Open Space As the proposed future land use plan and zoning designations will permit the development of up to 132 dwelling units, payment ofa 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, V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] Prior to development ofthe 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. As there are no wetlands on the subject site that could be impacted by future development, the natural environment will not be affected. VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.] The district boundaries are appropriately drawn in regard to location and classifications of streets and ownership lines, The location of the proposed MHDR, Medium High Density Residential District boundaries are logical and consolidates this site into the appropriate zoning district. It will blend into the existing MHDR, Medium High Density Residential District to the north and east and the LMDR, Low Medium Density Residential District to the south, VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-1001.1. & 4-602.F.1. and .2.] The existing land use plan category and zoning district permits a density of five dwelling units per acre and an impervious surface ratio (ISR) of 0.6. The proposed Residential High (RH) land use category and MHDR, Medium High Density Residential District is more intensive and permits a density of30 dwelling units per acre and an ISR of 0.85. The size of the subject site is 191,664 square feet in area. It exceeds the minimum lot area requirement of 15,000 square feet and minimum lot width requirement of 150 feet for attached dwellings in the MHDR, Medium High Density Residential District. The proposed use of this property is consistent with the uses allowed in the MHDR, Medium High Density Residential zoning district and the site exceeds minimum lot size requirements, 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. Staff Report - Community Development Board - May 18, 2004 - Case LUZ2004-03002 Page 6 SUMMARY AND RECOMMENDATIONS An amendment of the FLUP from the Residential Low (RL) category to the Residential High (RH) category and a rezoning from the A-E, Agricultural Estate District to the MHDR, Medium High Density Residential District for the subject site is requested, This 4.4 acre site exceeds the minimum requirements for the proposed use of the property as attached dwellings, The neighborhood is surrounded by multi- and single-family residential dwellings to the north, south, east and west. The proposed future land use plan amendment and rezoning is compatible with the existing neighborhood. The proposed Residential High (RH) Future Land Use classification and MHDR, Medium High Density Residential zoning district is consistent with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding area, does not require nor affect the provision of public services, is compatible with the natural environment and is consistent with the development regulations of the City, Based on the above analysis, the Planning Department recommends APPROVAL of the following actions and conditions on the request: ACTIONS: 1. Land Use Plan amendment from the Residential Low Classification (RL) (County) to the Residential High (RU) Classification (City) (pending ANX2004-03004); and 2, Rezoning from the A-E, Agricultural Estates (County) to the MHDR, Medium High Density Residential District (City) (pending ANX2004-03004). Prepared by Planning Department staff: Mark T. Parry, Planner Attachments: Application Location Map Aerial Photograph of Site and Vicinity Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs S:IPlanning DepartmentlC D BILand Use AmendmentsILUZ 2004ILUZ2004-03002 2025 N Highland Bayshore Broadway, IncILUZ2004-03002 Staff Report, doc Staff Report - Community Development Board - May 18, 2004 - Case LUZ2004-03002 Page 7 CITY OF CLEARWATER PUBLIC HEARING NOTICE ANNEXATION, LAND USE PLAN AND ZONING ATLAS AMENDMENTS Schedule of Public Hearings: Tuesday, May 18,2004 before the Community Development Board, at 2:00 p,m. Thursday, June 17,2004 before the City Commission (1st Reading), at 6:00 p,m. Thursday, July 15,2004 before the City Commission (2nd Reading), at 6:00 p,m. All public hearings on the ordinances will be held in Commission Chambers, 3rd floor of City Hall, 112 South Osceola Avenue, Clearwater, Florida. (Leonard and Mary Chetkin) ANX2004-03004/LUZ2004-03002 NOTE: All persons w;sh;nfl to address an item need to be present at the BEGINNING of the Commun;tv Development Board meet;nfl. Those cases that are not contested bv the applicant. staff. ne;flhbor;nfl propertv owners. etc. will be placed on a consent aflenda and approved bv a s;nflle vote at the befl;nn;nfl of the meet;nfl. The City of Clearwater, Florida, proposes to adopt the following ordinances: ORDINANCE NO. 7299-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF NORTH HIGHLAND A VENUE, APPROXIMATELY 1,300 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF METES AND BOUNDS 21/06, 21/07, AND 21/08, IN SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 2025 NORTH HIGHLAND AVENUE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 7300-04 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 NORTH HIGHLAND AVENUE, APPROXIMATELY 1,300 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF METES AND BOUNDS 21/06, 21/07, AND 21/08, IN SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 2025 NORTH HIGHLAND AVENUE UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL HIGH; PROVIDING AN EFFECTIVE DATE. ORDINANCE NO.7301-04 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 NORTH HIGHLAND AVENUE, APPROXIMATELY 1,300 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF METES AND BOUNDS 21/06, 21/07, AND 21/08, IN SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 2025 NORTH HIGHLAND AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS MEDIUM HIGH DENSITY RESIDENTIAL (MHDR); PROVIDING AN EFFECTIVE DATE. Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the Planning Director or City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Board or Commission, with respect to any matter considered at such hearings, will need to request and obtain party status by the Board during the case discussion, a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. Community Development Code Section 4-206 states that party status shall be granted by the Board if person requesting such demonstrates that s/he is substantially affected. Party status entitles parties to: personally testify, present evidence, argument and witnesses, cross-examine witnesses, appeal the decision and speak on reconsideration requests. An oath will be administered swearing in all participants in public hearing cases. If you wish to speak at the meeting, please wait to be recognized, then state and spell your name and provide your address. Persons speaking before the CDB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes. The Community Development Board will review the case and make a recommendation to the City Commission for final disposition. Five days prior to the meeting, staff reports and recommendations on the above requests will be available for review by interested parties between the hours of8:30 a.m and 4:30 p.m, weekdays, at the City of Clearwater, Planning Department, 100 S. Myrtle Ave., Clearwater, FL 33756. Please contact Gina Clayton, Long Range Planning Manager, at 562-4587 to discuss any questions or concerns about the project and/or to better understand the proposal. This notice was sent by the Official Records and Legislative Services Department, Cynthia E. Goudeau, CMC, City Clerk City of Clearwater, P.O. Box 4748, Clearwater, FL 33758-4748 YOU ARE BEING SENT 1HIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 500 FT. OF 1HE SUBJECT PROPERTY. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPT. WITH THEIR REQUEST AT (727) 562-4093. Ad: 05/02104 & 06/27/04 CITY OF CLEARWATER PUBLIC HEARING NOTICE ANNEXATION, LAND USE PLAN AND ZONING ATLAS AMENDMENTS Schedule of Public Hearings: Tuesday, May 18,2004 before the Community Development Board, at 2:00 p.m Thursday, June 17,2004 before the City Commission (1st Reading), at 6:00 p.m. Thursday, July 15,2004 before the City Commission (2nd Reading), at 6:00 p.m All public hearings on the ordinances will be held in Commission Chambers, 3rd floor of City Hall, 112 South Osceola Avenue, Clearwater, Florida. (Leonard and Mary Chetkin) ANX2004-03004/LUZ2004-03002 NOTE: All oersons wishinf! to address an item need to be oresent at the BEGINNING of the Communitv Develooment Board meetinl!. Those cases that are not contested bv the aoolicant. staff. neil!hborinl! orooertv owners. etc. will be olaced on a consent al!enda and aooroved bv a sinl!le vote at the bel!inninl! of the meetinl!. The City of Clearwater, Florida, proposes to adopt the following ordinances: ORDINANCE NO. 7299-04 AN ORDINANCE OF 1HE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF NOR1H HIGHLAND AVENUE, APPROXIMATELY 1,300 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF METES AND BOUNDS 2l!06, 21/07, AND 21/08, IN SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 2025 NORTH HIGHLAND AVENUE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 7300-04 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 NORTH HIGHLAND AVENUE, APPROXIMATELY 1,300 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF METES AND BOUNDS 2l!06, 21/07, AND 21/08, IN SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 2025 NORTH HIGHLAND A VENUE UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL HIGH; PROVIDING AN EFFECTIVE DATE. ORDINANCE NO.7301-04 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 NORTH HIGHLAND AVENUE, APPROXIMATELY 1,300 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF METES AND BOUNDS 21/06, 21/07, AND 21/08, IN SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 2025 NORTH HIGHLAND AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS MEDIUM HIGH DENSITY RESIDENTIAL (MHDR); PROVIDING AN EFFECTIVE DATE. Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the Planning Director or City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Board or Commission, with respect to any matter considered at such hearings, will need to request and obtain party status by the Board during the case discussion, a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. Community Development Code Section 4-206 states that party status shall be granted by the Board if person requesting such demonstrates that s/he is substantially affected. Party status entitles parties to: personally testify, present evidence, argument and witnesses, cross-examine witnesses, appeal the decision and speak on reconsideration requests. An oath will be administered swearing in all participants in public hearing cases. If you wish to speak at the meeting, please wait to be recognized, then state and spell your name and provide your address. Persons speaking before the CDB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes. The Community Development Board will review the case and make a recommendation to the City Commission for final disposition. Five days prior to the meeting, staff reports and recommendations on the above requests will be available for review by interested parties between the hours of 8:30 a.m. and 4:30 p.m., weekdays, at the City of Clearwater, Planning Department, 100 S. Myrtle Ave., Clearwater, FL 33756. Please contact Gina Clayton, Long Range Planning Manager, at 562-4587 to discuss any questions or concerns about the project and/or to better understand the proposal. This notice was sent by the Official Records and Legislative Services Department, Cynthia E. Goudeau, CMC, City Clerk City of Clearwater, P.O. Box 4748, Clearwater, FL 33758-4748 YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 500 FT. OF THE SUBJECT PROPERTY. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPT. WITH THEIR REQUEST AT (727) 562-4093. Ad: 05/02104 & 06/27/04 ORDINANCE NO. 7299-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF NORTH HIGHLAND AVENUE, APPROXIMATELY 1,300 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF METES AND BOUNDS 21/06, 21/07, AND 21/08, IN SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 2025 NORTH HIGHLAND 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 COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See legal description attached hereto. (ANX2004-03004 ) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7299-04 ORDINANCE NO. 7300-04 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 NORTH HIGHLAND AVENUE, APPROXIMATELY 1,300 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF METES AND BOUNDS 21/06, 21/07, AND 21/08, IN SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 2025 NORTH HIGHLAND AVENUE UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL HIGH; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property See legal description attached hereto. (LUZ2004-03002) Land Use Cateqorv Residential High Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7299-04. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7300-04 ORDINANCE NO.7301-04 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 NORTH HIGHLAND AVENUE, APPROXIMATELY 1,300 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF METES AND BOUNDS 21/06,21/07, AND 21/08, IN SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 2025 NORTH HIGHLAND AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS MEDIUM HIGH DENSITY RESIDENTIAL (MHDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property See legal description attached hereto. (LUZ2004-03002) Zonina District Medium High Density Residential (MHDR) 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. 7299-04. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7301-04 q,3 City Council m,~,g,,~~~..~....~Q~~r~~!!!Qr~~.~,~.!!!..... PLo5 Tracking Number: 627 Actual Date: 06/17/2004 Subject / Recommendation: Approve the Land Use Plan Amendment from the Residential Urban (RU) category to the Recreation/Open Space (R/OS) category and Zoning Atlas Amendment from the Mobile Home Park (MHP)District to the Open Space/Recreation (OS/R) District for property located at 2950 Glen Oak Avenue (Kapok Mobile Home Park) (consisting of metes and bounds 41/02 in Section 8, Township 29 South, Range 16 East;) and PASS Ordinance Nos. 7302-04 & 7303-04 on first reading. Summary: The subject site consists of one parcel of land approximately 36.6-acres in area. The entire site is located at the western terminus of Glen Oak Avenue approximately 800 feet north of Drew Street and 500 feet west of McMullen Booth Road. The Engineering Department is requesting to amend the Future Land Use Plan map designation of this parcel from Residential Urban (RU) to the Recreation/Open Space (R/OS) classification. The amendment is requested by City staff in order to redevelop this parcel into the Kapok Wetland and Flood Restoration Project. Additionally a zoning atlas amendment is requested to rezone the parcel from the Mobile Home Park (MHP) District to the Open Space/Recreation (OS/R)District. The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: The proposed land use plan amendmentand rezoning application are consistent with the Comprehensive Plan. The proposed use is consistent withthe Open Space/Recreation zoning district regulations. The application will be beneficial tothe surrounding communities and the natural environment. Please refer to the attached land use plan and rezoning (LUZ2004-03003) 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, 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 May 18, 2004 meeting and unanimously recommended approval. Originating: Planning Section Quasi-judicial public hearings Category: Annexations, Land Use Plan and Zoning Financial Information: Review Approval Cvndi Taraoani 05-25-2004 15:28:59 City Council @@~@","~g,~nd,~~Q~"~,~~~,~,~,Q,~~,!!~~~", Cyndie Goudeau 06-04-2004 15: 18:27 05-25-2004 16:30:23 06-05-2004 12:43:47 06-07-2004 08:01:46 Garrv Brumback Leslie Douaall-Sides Bill Horne CDB Meeting Date: May 18. 2004 Case Number: LUZ2004-03003 Agenda Item: E-2 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION OWNER: City of Clearwater APPLICANT: Terry Finch, Environmental Department Manager LOCATION: 2950 Glen Oak Avenue REQUEST: (a) Land Use plan amendment from Residential Urban (RU) to Recreation/Open Space (R/OS); and (b) Zoning Atlas amendment from Mobile Home (MHP) to Park to OS/R, Open Space / Recreation. SITE INFORMATION PROPERTY SIZE: 1,598,410 square feet or 36.6 acres DIMENSIONS OF SITE: 1,204 feet wide by 1,048 feet deep m.o.l. PROPERTY USE: Current Use: Proposed Use: Vacant Open Space (Kapok Wetland Restoration) PLAN CATEGORY: Current Category: Proposed Category: Residential Urban (RU) Recreation, Open Space (R/OS) ZONING DISTRICT: Current District: Proposed District: Mobile Home Park (MHP) Open Space / Recreation (OS/R) Staff Report - Community Development Board - May 18, 2004 - Case LUZ2004-03003 Page I EXISTING SURROUNDING USES: North: Multi-family residential South: Preservation East: Multi-family residential West: Single-family residential ANALYSIS: This Future Land Use Plan (FLUP) amendment and rezoning application involves one parcel of land, approximately 36.6 acres in area. The site is currently vacant and has a Future Land Use Plan designation of Residential Urban (RU) and a zoning classification of MHP, Mobile Home Park. The applicant is requesting to amend the Future Land Use Plan designation to the Recreation/Open Space (RiDS) classification and to rezone it to the OSR, Open Space/Recreation District to create the Kapok Wetland and Floodplain Restoration Project. It is proposed to restore the property to the natural environment as well as increase the habitat area for native wildlife in and adjacent to the property. The property will create a wildlife corridor between the subject property and the Cliff Stephens Park located to the west of the property. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the size of the plan amendment request, review and approval by Florida Department of Community Affairs is required. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-603.F,l] Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed land use plan amendment are as indicated below: 24.0 Goal - To develop a system of open spaces, parks and recreation facilities which are designed for the maximum satisfaction of the recreational needs of Clearwater's residents and tourists. 24.4 Objective - Preserve natural open space areas which constitute aesthetic and/or ecological community assets. 24.4.3 Policy - Continue to designate appropriate land "Preservation" and "Recreation/Open Space" in the Future Land Use Plan whenever feasible. The proposed plan amendment is not in conflict with any Clearwater Comprehensive Plan Goals, Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan. Staff Report - Community Development Board - May 18, 2004 - Case LUZ2004-03002 Page 2 II. CONSISTENCY WITH COUNTYWIDE PLAN The purpose of the proposed Recreation/Open Space (RlOS) category, as specified in Section 2.3.3.7.2 of the Countywide Rules, is to depict those areas of the County that are now used, or appropriate to be used, for open space and/or recreational purposes; and to recognize the significance of providing open space and recreational areas as part of the overall land use plan. The Recreation/Open Space (RlOS) category is generally appropriate to those public and private open spaces and recreational facilities dispersed throughout the County; and in recognition of the natural and man-made conditions which contribute to the active and passive open space character and recreation use of such locations. The proposed use of the property is consistent with the RlOS category in that the project will be limited to open space use. In addition, the site will be improved with the development of stormwater retention ponds within a park setting. This will help mitigate the need for flood control to the surrounding area, as well as create an aesthetically pleasing recreational parcel for residents within the community. 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] The subject site is surrounded largely by residential uses. To the north and east of the parcel are large tracts of single-family homes zoned LDR, Low Density Residential District and LMDR, Low Medium Density Residential District. Contiguous to the parcel and located to the west and southwest are attached dwellings located in the MDR, Medium Density Residential District. Directly south of the parcel is the Eddie C. Moore Recreation Complex. The proposed FLUP designation and rezoning is compatible with the surrounding properties and will help create a form and function to serve existing stormwater needs and further the preservation of open space wetlands. IV. SUFFICIENCY OF PUBLIC FACILITIES As stated earlier, the subject site is approximately 36.6 acres in area and is presently vacant. The previous use of the property was a mobile home park. The Countywide Plan standard for establishing maximum development potential is based on an allowable floor area ratio (FAR) of 0.25 in the Recreational Open Space category (RlOS). The maximum square footage allowed based on the FAR is 398,574 square feet. There is no density permitted within the RlOS category. Roadways The accepted methodology for reviewing the transportation impacts of proposed plan amendments is based on the Pinellas Planning Council's (PPC) traffic generation guidelines. Staff Report - Community Development Board - May 18, 2004 - Case LUZ2004-03002 Page 3 The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed FLUP categories and are included in the next table. Maximum Daily Added Potential Tri s Maximum PM Peak Hour Added Potential Tri S3 Volume of McMullen Booth Road from S.R. 590/Coachrnan to Drew Street LOS of McMullen Booth Road from S.R. 590/Coachrnan to F F F F Drew Street N/ A = Not Applicable LOS = Level-of-Service I = Based on PPC calculations of 70 trips per acre per day for the Residential Urban Future Land Use Category. 2 = Based on PPC calculations of 4 trips per acre per day for the Recreation Open Space Future Land Use Category. 3 = City Calculation of 12.5% Source: "The Rules" of the Countywide Future Land Use Plan The 2003 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the McMullen Booth Road segment from S.R. 590/Coachman to Drew Street a level of service (LOS) F. The PM Peak trips generated by this proposed amendment would be substantially less than allowed by the current plan category. The proposed amendment will not have a negative impact on the LOS of McMullen Booth Road. Mobile-Home Park (4.81 trips/dwelling unit) Existing Zoning/Future Land Use Plan 179 dwelling units 861 N/A 104 N/A Proposed Zoning/Future Land Use Plan Open Space / Recreation (2.28 trips/per acre) 36.6 acres 778 -82 Based on the ITE Trip Generation Manual, the proposed land use plan amendment will result in a decrease in the PM Peak trips to the surrounding roadways. The transportation impacts associated with the proposed land use plan amendment and rezoning will not degrade the existing LOS for McMullen Booth Road from Drew Street to S.R. 590 (Coachman Road). 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 near an existing transit route and headways are less than or equal to one hour. Pinellas Suncoast Transit Authority (PST A) bus service is available along McMullen Booth Road. Staff Report - Community Development Board - May 18, 2004 - Case LUZ2004-03002 Page 4 Water The current FLUP category could create a demand of approximately 44,750 gallons per day. Under the proposed FLUP category the demand on the City's current LOS for water will decrease dramatically as no physical structures will be constructed on site. Wastewater The current FLUP category could create a demand of approximately 35,800 gallons per day. Under the proposed FLUP category, the demand on the City's current LOS for wastewater will decrease dramatically as no physical structures will be constructed on site. Solid Waste Under the existing FLUP category 453 tons of solid waste were generated per year. Under the proposed FLUP category, the demand on the City's current LOS for solid waste will decrease dramatically as no physical structures will be constructed on site. Recreation and Open Space The proposed FLUP amendment and rezoning will increase the recreational and open space acreage in the City of Clearwater V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603,F,5.] Alligator Creek traverses approximately 1,800 feet through the property from the eastern portion of the north property line to the west property line on the northern portion of the site. The proposed amendment will help to restore and enhance the natural environment as well as increase the habitat area for native wildlife. The parcel will be used for recreation and open space purposes; however its main function will provide stormwater and flood control for Alligator Creek. The proposed land use plan amendment will not have a negative impact on the natural environment. VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 ,F,6,] The amendment will not adversely impact the use of property in the immediate area. The FLUP conversion to Recreation Open Space will be consistent with existing land uses abutting the property to the south and northwest. VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-1401.1 & 4-602,F,1. and ,2.] The existing land use plan category and zoning district permit a floor area ratio (FAR) of 0.4 and an impervious surface ratio (ISR) of 0.65. The proposed Recreation/Open Space land use category and Open Space/Recreation District are less intensive and permit a FAR of 0.25 and ISR of 0.60. The size ofthe subject site is 1,594,296 square feet or 36.6 acres. Staff Report - Community Development Board - May 18, 2004 - Case LUZ2004-03002 Page 5 The proposed use of the property is consistent with the Open Space/Recreation zoning district regulations. SUMMARY AND RECOMMENDATIONS An amendment of the FLUP from Residential Urban (RU) to Recreation/Open Space (RlOS) and a rezoning from MHP, Mobile Home Park District, to the OS/R, Open Space/Recreation District for the subject site is requested. The subject site is 36.6 acres. Single-family residential dwellings to the north and east, and multi-family residential to the west surround the neighborhood. It will be consistent with the City owned Eddie C. Moore Recreation Complex to the south and create a connecting corridor between Cliff Stephens Park to the west. The proposed land use amendment and rezoning will be compatible with the existing neighborhoods. The proposed Recreation/Open Space, (RlOS) Future Land Use classification and OS/R, Open Space/Recreation zoning district is consistent with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding area, does not require nor affect the provision of public services, and is compatible with the natural environment. Based on the above analysis, the Planning Department recommends APPROVAL of the following actions and conditions on the request: ACTIONS: 1. Land Use Plan amendment from the Residential Urban (RU) classification (County) to the Recreation/Open Space (RlOS) classification; and 2. Rezoning from the MHP, Mobile Home Park District to the OS/R, Open Space/Recreation District. Prepared by Planning Department staff: Bryan S. Berry, Planner Attachments: Application Location Map Aerial Photograph Future Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs S:\Planning Department\C D B\Land Use Amendments\LUZ 2004\LUZ2004-03003 561 Kapok Wetlands, 2950 Glen Oak A Venue\LUZ2004- 03003 StaffReport.doc Staff Report - Community Development Board - May 18,2004 - Case LUZ2004-03002 Page 6 View looking east along Glen Oak Avenue at Kapok entrance and adjacent detached single-family homes. View looking north from site interior and at Alligator Creek. View looking at site interior and existing roads to be removed. View looking west at 2950 Glen Oak entrance. View looking south from site interior and at Alligator Creek. View looking southwest at adjacent attached dwellings from westem portion of site City of Clearwater; LUZ2004-03003 2950 Glen Oak Avenue 1389' I '" J J' ,-.;,;:;;; , ;1.' , I' 11'13 J31 ,/if;C:.I --- I 7, .. 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" /i:) "" ~'.. <<," Preservation Existing Surrounding Uses Map Owner: City of Clearwater Case: LUZ2004-03003 Site: 2950 Glen Oak Avenue Property Size(Acres): 36.6 Land Use Zoning PIN: 08/29/16/0000/410/0200 From: RU MHP To: R/OS OSR A tlas Page: 282B 1____ ----- ORDINANCE NO. 7302-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED AT THE WESTERN TERMINUS OF GLEN OAK AVENUE, APPROXIMATELY 800 FEET NORTH OF DREW STREET AND 500 FEET WEST OF MCMULLEN BOOTH ROAD, CONSISTING OF METES AND BOUNDS 41/02, IN SECTION 8, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2950 GLEN OAK AVENUE, FROM RESIDENTIAL URBAN (RU) TO RECREATIONIOPEN SPACE (R10S); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property See legal description attached hereto Land Use CateQorv From: Residential Urban (RU) (LUZ2004-03003 ) To: RecreationlOpen Space (R10S) Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, 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 Pine lias County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7302-04 ORDINANCE NO. 7303-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED AT THE WESTERN TERMINUS OF GLEN OAK AVENUE, APPROXIMATELY 800 FEET NORTH OF DREW STREET AND 500 FEET WEST OF MCMULLEN BOOTH ROAD, CONSISTING OF METES AND BOUNDS 41/02, IN SECTION 8, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2950 GLEN OAK AVENUE, FROM MOBILE HOME PARK (MHP) TO OPEN SPACE/RECREATION (OS/R): 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 COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Zoninq District See legal description attached hereto (LUZ2004-03003) From: Mobile Home Park (MHP) To: Open Space/Recreation (OS/R) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 7304-04 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 9163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7303-04 I I I ~ .... k q. '?) 326 N. Belcher Road Clearwater, FL 34625 June 16, 2004 City of Clearwater 112 South Osceola Avenue Clearwater FL 33758 COPIES TO CITY COUNCIL JUN 1 7 20D4 PRESS CLERK/ATTORNEY RE: Ordinance No. 7302-04 Ordinance No. 7303-04 Kapok Wetlands and Restoration Attention: Terry Finch and City Commissioners Dear Terry and Commissioners: May I please list the questions, I would like you to answer for me, since I own the outpareel shown on your plans. 1. Are the wetlands and restoration an extension of the Cliff Stephens Park on the west? 2. Will the area join the Eddie C. Moore Sports Complex on the southwest? 3. The small park to the north of me is beautifully landscaped with fountain, where is the reasoning for turning this parkland into a parking lot for handicapped leading to a bicycle trail? 4. Actually isn't the park entrance on the west side of Kapok wetlands with lots of parking and a good entrance. 5. What claim do you have to Lake Vista Drive, a county road, maintained by county. 6. I make reference to a plan drawn by Parson, contract No. KP-043002,job no 741901 sheet < -;:::L Q;Q+, dated 12-17-02. Please note trees to be removed. Do I read this correctly? Will all the tr~ be demolished? What is the purpose? I as a citizen have to purchase a death certificate for a tree removal. Plans show trees 1 tj.-lto be taken out. - c~1 r~t 7. If the City does not clean out their drainage ditches, will the top soil wash away and the , pet" e surrounding lands become wetlands? 8. Who gave permission and took the liberty to go upon my posted out parcel and document all my holding and trees. What happens to trespassers? !~-~ @iO"r~! l~l JUN I 6 2004 ~ I I CI1Y OF CLEARWATER LP_II~'I~',\'ORKS A[)~~'~~'2B-AD1N_ r t In 1946, I was hired by the City of Clearwater to work at the Old City Hall on Fort Harrison, my first instructions were I was there to serve the people of Clearwater and not make them servants. Please give my thoughts your consideration. I await your reply. With every good wish to you. Sincerely, ~~hb~~ V enie Weaver Brinson Owner .tLcra Brink, Carolyn To: Cc: Subject: City Council Council Mail FW: Ordinance No. 7302-04 -----Original Message----- From: Brink, Carolyn Sent: Thursday, June 17, 2004 2:04 PM To: 'Suhoza, Eric' Subject: RE: Ordinance No. 7302-04 Dear Mr. Suhoza: Your e-mail has been received and distributed to the Mayor and City Council. -----Original Message----- From: Suhoza, Eric [mailto:Eric.Suhoza@usa.xerox.com] Sent: Thursday, June 17, 2004 1:06 PM To: Brink, Carolyn Subject: Ordinance No. 7302-04 Dear Commissioners, I will be unable to attend this evenings Public Hearing where the Kapok Wetland project will be discussed. This is my 25th year as a resident of Clearwater and my wife has lived here 22 years. As we began to plan the purchase of our first house, many factors were taken into consideration. We had hopes of starting a family and raise them in our favorite city in the world. We purchased a house at 907 Glen Oak Ave E. A big factor in the purchase was the closure of the Mobile Home Park which would virtually eliminate the traffic in front of our house. To be sure I have contacted the city at least 7 times regarding the progress of this project. Terry Finch assured me that there would be no access from our neighborhood. After making several inquiries was happy with the new plans. Recently we learned there would be a "Parking Lot" constructed inside our neighborhood. It has been stated it will be a small lot, not sure how that matters. While driving down McMullen Booth how would a driver know if there are open spots without driving right past my house. This is a drastic change to everything the City has told me about the project. At one time a helpful lady told me I could come down and she would show me all the plans, and there would be no vehicle access from our neighborhood. My Son was born on April 21st 2004. His future safety and that of all of the children is now in question if this parking lot is created. Please think of us when considering this measure. Thank You. Eric Suhoza Xerox Capital Services Cash Management Representative St. Petersburg Fl. 1-727-540-3168 Intelnet 8*470-3168 Toll Free 1-888-435-6333 ext. 3168 Eric.Suhoza@usa.xerox.com Did you know that you can now take charge of your account? Check your balance, view and print invoices, submit meter reads and much more on the web? Go to Xerox.com and click on Account Management for a full list of free account services. Please use Promo Code K67368 for registering! Log on to www.xeroxcapital.com -- why do business any other way? ----------------------------------------------------------------------- 1 ITEM # I D. I 10.1 City Council .....,.~.w.~~g~~.~"~.~.~.~~r.~~.~~r,~.~,~t~~~~~ww...... eft I Tracking Number: 633 Actual Date: 06/17/2004 Subject / Recommendation: Adopt Ordinance No. 7271-04 on second reading, approving the Petition for Annexation for 2135 Burnice Drive(Lot 24, Glen Ellyn Estates in Section 24, Township 24 South, Range 15 East). Originating: City Attorney Section Second Readings - public hearing Category: Code Amendments, Ordinances and Resolutions Number of Hard Copies attached: 1 Public Hearing: Yes Advertised Dates: OS/20/2004 06/06/2004 Financial Information: Review Approval Pam Akin 05-25-2004 10:24:37 Cvndie Goudeau 06-03-2004 15:25: 19 ORDINANCE NO. 7271-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF BURNICE DRIVE, APPROXIMATELY 750 FEET WEST OF BELCHER ROAD AND 950 FEET NORTH OF LAKEVIEW ROAD, CONSISTING OF LOT 24, GLEN ELLYN ESTATES, WHOSE POST OFFICE ADDRESS IS 2135 BURNICE DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY 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 24, Glen Ellyn Estates, as recorded in Plat Book 34, Page 32, Public Records of Pinellas County, Florida (ANX2004-01 001) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7271-04 IO,d-- City Council ... ...m......~g.~!!.~~.~o~~~~,.....~..~..m~!.~..~.~.~..!!! CA-2- Tracking Number: 634 Actual Date: 06/17/2004 Subject / Recommendation: Adopt Ordinance 7272-04 on second reading, approving the Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL)for 2135 Burnice Drive (Lot 24, Glen Ellyn Estates in Section 24, Township 29 South, Range 15 East). Originating: City Attorney Section Second Readings - public hearing Category: Code Amendments, Ordinances and Resolutions Number of Hard Copies attached: 1 Public Hearing: Yes Advertised Dates: OS/20/2004 06/06/2004 Financial Information: Review Approval Pam Akin 05-25-2004 10:23:54 Cvndie Goudeau 06-03-2004 15:24:32 ORDINANCE NO. 7272-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF BURNICE DRIVE, APPROXIMATELY 750 FEET WEST OF BELCHER ROAD AND 950 FEET NORTH OF LAKEVIEW ROAD, CONSISTING OF LOT 24, GLEN ELLYN ESTATES, WHOSE POST OFFICE ADDRESS IS 2135 BURNICE DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Lot 24, Glen Ellyn Estates, as recorded in Plat Book 34, Page 32, Public Records of Pinellas County, Florida (ANX2004-01 001) Land Use Cateaorv 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. 7271-04. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7272-04 City Council <@~,~,,~g~~~<~<<<~~~!....~..~.!!!..~..!.~..~..~..~.<!!!....... CA3 Tracking Number: 635 Actual Date: 06/17/2004 Subject / Recommendation: Adopt Ordinance No. 7273-04 on second reading, approving the Zoning Atlas Amendment from County R-3, Single Family Residential District to the City LMDR, Low Medium Density Residential district for 2135 Burnice Drive (Lot 24, Glen Ellyn Estates in Section 24, Township 29 South, Range 15 East). Originating: City Attorney Section Second Readings - public hearing Cateqorv: Code Amendments, Ordinances and Resolutions Number of Hard Copies attached: 1 Public Hearinq: Yes Advertised Dates: OS/20/2004 06/06/2004 Financial Information: Review Approval Pam Akin 05-25-2004 10:23: 12 Cvndie Goudeau 06-03-2004 15:23:44 ~D.~ ORDINANCE NO. 7273-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF BURNICE DRIVE, APPROXIMATELY 750 FEET WEST OF BELCHER ROAD AND 950 FEET NORTH OF LAKEVIEW ROAD, CONSISTING OF LOT 24, GLEN ELLYN ESTATES, WHOSE POST OFFICE ADDRESS IS 2135 BURNICE DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY 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 24, Glen Ellyn Estates, as recorded in Plat Book 34, Page 32, Public Records of Pine lias County, Florida (ANX2004-0 1001 ) Zonina District Low Medium Density Residential (LMDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7271-04. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7273-04 II. 1 City Council ~<@@~g,~!!"~"~,"<~.~.~"~.~,&!'1 e!!!~.~~!!.~..~..!!!.<< ED/H56 I Tracking Number: 544 Actual Date: 06/17/2004 Subject / Recommendation: Authorize the City to designate Homes for Independence, Inc. as a Community Housing Development Organization (CHDO) and allocate via a CHDO Agreement, $76,650 in FY02-03 HOME Investment Partnership CHDO funds to be used towards the predevelopment costs of a special needs rental community and authorize the appropriate officials to execute same. Summary: Homes for Independence, Inc. applied in December 2003 to be designated as a Community Housing Development Organization under the parameters of the federal HOME Investment Partnership (HOME) program (24 CFR Part 92). With the assistance of the City's HOME CHDO funds, and possibly some additional HOME and/or SHIP funds to be determined in the future, Homes for Independence, Inc. will work to develop a multifamily rental community of approximately 10 units ( /-) whereby fifty percent (50%) of the units will be designed for persons who are physically disabled. The CHDO funding is coming from FY02-03 due to the fact that the City did not have any CHDO eligible organizations requesting funds last year. The HOME program allows a jurisdiction two years to commit and five years to expend program funds. The CHDO funds will enable Homes for Independence, Inc. to begin the design and engineering work necessary for this proposed development. Originating: Economic Development and Housing Section Consent Agenda Category: Agreements/Contracts - with cost Public Hearing: No Financial Information: Type: Other Bid Required? No Bid Exceptions: Other Other Contract? Federal HOME funds In Current Year Budget? Yes City Council "~,g"~,!:!,,da ,f,~~~!:J4 ~!!I,~,.!:.~.~!!<<~..!!I ' , Current Year Cost: $76,650.00 For Fiscal Year: 10/01/2003 to 09/30/2004 Total Cost: $76,650.00 Not to Exceed: $76,650.00 Review Approval Reainald Owens Bryan Ruff 04-12-2004 16:40:24 06-03-2004 14:44:55 04-14- 2004 11:28:31 05-18-2004 09:55:40 04-14-2004 12:36:33 06-03-2004 10:38:48 Cvndie Goudeau Tina Wilson Raloh Stone Bill Horne City Council <~W"Ag~~!,!""~~,<..!;Q,~~~..r......~.~~ow~~ nd ~wl!!" Fbi Tracking Number: 591 Actual Date: 06/17/2004 Subject / Recommendation: Reappoint Mr. Frederick I. Ziegler to a two-year term as a Trustee of the Clearwater Firefighters' Supplemental Trust Fund in accordance with Sec. 175.061 of the Florida State Statutes. Summary: - The Clearwater Firefighters' Supplemental Trust Fund is the recipient of monies obtained by the State of Florida from insurance companies doing business within the community. These monies are required to be administered by a Board of Trustees whose composition must consist of two legal residents of the City appointed by the City Council; two City firefighters elected by the firefighters; and a fifth member chosen by a majority of the other four members and submitted to the City Council for appointment. The Board of Trustees is solely responsible for administration of the trust fund. - State law allows trustees to succeed themselves as board members. This legal resident, City Council appointed seat will become open in June 2004. Mr. Ziegler has indicated his willingness to serve another term. Mr. Ziegler is a Certified Public Accountant and member of both the American and Florida Institutes of Certified Public Accountants. - Once approved, Mr. Frederick I Ziegler is to serve a new, two-year term which will run from June 2004 through May 2006. Originating: Fire and Rescue Department Section Consent Agenda Category: Other Financial Information: ~ Other Bid Required? No Bid Exceptions: Other Other Contract? NA In Current Year Budget? No Budget Adjustment: No Current Year Cost: $0.00 III~ Annual Operating Cost: $0.00 Review Approval Rowland Herald Bill Horne Cvndie Goudeau Garry Brumback City Council mmm <<~Jl~,~~,,!!<~QY~!:@~,~,~<~ra ~<~~~@'@~m 05-07-2004 15: 19: 15 06-03-2004 10:37:37 06-03-2004 14:45:47 05-18-2004 13:24:05 ) 1.3 City Council ...~g.~nclw~.~Q~~~~~!!!Q.~.~,!!.,cI..~ !!!,....w EN64 Tracking Number: 598 Actual Date: 06/17/2004 Subject / Recommendation: Accept a 1,135 square foot, more or less, Sanitary and Utility Easement granted by Discount Auto Parts, Inc. over and across a portion of the Northwest 1/4 of Section 8, Township 29 South, Range 16 East as more particularly described therein, conveyed in consideration of receipt of $5,000 and benefits to be derived therefrom. Summary: At the behest of the Pinellas County legislative delegation the 1998 Florida legislature enacted an "Act to Provide for the Annexation of Certain Small Enclaves in Pinellas County" ("act") as an amendment to Chapter 171, Florida Statutes governing annexations. Provisions of the act allowed Pinellas municipalities to annex "type A enclaves"; i.e., improved or developed enclaves of one acre or less that were enclosed within and bounded on all sides by a single municipality. The one-time act sunset on June 30, 2001. The act further authorized municipalities to establish financial incentives for qualified property owners to voluntarily annex. Inentives included the annexing municipality paying all the initial costs of extending publiC water and sewer services if not already provided, as well as paying any applicable impact fees for existing structures. The City invited over 150 properties to annex under provisions of the the act. Eighteen ultimatly annexed in 2001. The Exxon gas station at U. S. Highway 19 North and State Road 590 was one of four properties requiring extension to the City sanitation system. The most direct route for the station to connect with the City sanitary system required easement across the neighboring Discount Auto Parts property frontage along State Road 590. The City agreed to pay the $5,000 consideration required by Discount Auto Parts officials because the expenditure was considerably less than the estimated cost of alternative routing. A copy of the easement documentation is available for review in the Office of Official Records and Legislative Services. Originating: Engineering Section Consent Agenda Category: Agreements/Contracts - without cost Number of Hard Copies attached: 3 Public Hearing: No Financial Information: Review Approval Michael Ouillen 05-26-2004 10: 18:41 Garrv Brumback 06-03-2004 15:25:27 Laura Lioowski Bill Horne Cyndie Goudeau City Council ~,g~"!!,~,,~ c:,!?~,~,~,~~,!!!,!?,~~,!!~,~,!!! 05-28-2004 14:22:43 06-05-2004 12:58:59 06-07-2004 08:08:51 I r I ~03 J r ~5 f~ 10> !tL~ 'r- fa I"" I J J J , 60 '4 Q '" j: " 1: i tJ , I ~ ~ 100 100 I 21t I I t~ I .~ I u) +~ 100 84'- I I LOCATOR MAP DISCOUNT AUTO PARTS - SANITARY & UTILfTY EASEMENT 100 2.:w<lS "'" =, , ~ o li)' 1862-1935 _P: !€I _.... 5.. R. 590 .~- o Irl \J98 $5'; o <> "l IC a 10 00 .,I(l o to ~!l77-9tl} ~ II> = 22/01 too Z2f1S5 , , , I /) /. ..,' >'..,',.~,1, /./ ( .. ! ( l L___...._~__...,_, I ,..__..._..___._.._.J r--n--__________, ,J : [Z651'",] t t f t"':' '" , ...';....,,...~nl"<~,.,..~ I :.1 ~! 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Box 4748 Clearwater, FI. 33758-4748 Parcel No. 08-29-16-00000-220-0400 and unnumbered parcel adjacent thereto SANITARY AND UTILITY EASEMENT FOR AND IN CONSIDERATION of the sum of Five Thousand and -NO/100-- Dollars ($5,000.00) cash in hand paid to it, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, DISCOUNT AUTO PARTS, INC., a Florida corporation 5673 Airport Road, Roanoke, Virginia 24012 ("Grantor") does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA ("Grantee"), an easement over, under and across the following described land, lying and being situate in the County of Pinellas, State of Florida, to-wit: From the NW Corner of the NW% of Section 8, Township 29 South, Range 16 East, run along the Section Line SOoo54'44"W, 223.13 feet; thence S89005'16"E, 100.00 feet to the East right-of-way line of U. S. Highway No. 19; thence S89040'09"E, 150.61 feet; thence NOoo48'44"E, 163.95 feet to a POINT OF BEGINNING; thence continue NOoo48'44"E, 10.00 feet; thence S89035'34"E, 100.01 feet; thence SOoo54'44"E, 10.00 feet; thence N89040'09"W along the northerly limit of that certain Drainage & Utility Easement as recorded in O. R. Book 5775, Page 963, Public Records of Pinellas County, Florida, 10.00 feet; thence SOoo54'44"W, 16.00 feet; thence N44022'43"W, 22.51 feet; thence N89040'09"W, 74.00 feet to the POINT OF BEGINNING. Containing 1,135.00 square feet, more or less. Said easement area is shown on Exhibit A attached hereto, This easement is solely for sanitary sewer purposes. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises and to construct, install and maintain thereon any sanitary sewer facilities and to inspect and alter such sanitary sewer facilities from time to time. Grantee shall maintain any and all of Grantee's sanitary facilities installed upon the above-described premises. Grantee shall require that not later than completion of construction and installation, and following all future maintenance or replacement activities, the easement premises shall in all such instances be restored as near as practical to conditions existing prior to such http://netfyi/NetFYI/Clients/d49cbd 12-7349-4c44-8cOf-07bf36080b 7 c/DocBAAE. DOC Page 10f4 construction, installation, maintenance or replacement. Grantor hereby warrants and covenants with Grantee that Grantor is the lawful owner of the fee simple title to the herein described easement premises, that Grantor has full right and lawful authority to grant and convey this easement to Grantee, and that Grantee shall have quiet and peaceful possession, use and enjoyment of this easement. It is expressly understood and agreed that Grantor reserves all rights of ownership of the easement premises not inconsistent with the easement rights granted herein. The easement herein granted, and the covenants and restrictions hereby imposed, shall be easement, restrictions and covenants running with the land, intended where appropriate to bind the Grantor's property and to benefit the Grantee. Each person, firm or entity accepting a conveyance of the Grantor's property or any portion thereof, shall be bound by the terms, provisions or conditions of this Grant of Easement as if said person, firm or entity were original parties hereto. IN WITNESS WHEREOF, the Grantor has caused the presents to be executed this _ day of ,2004. Signed, sealed and delivered in the presence of: DISCOUNT AUTO PARTS, INC., a Florida corporation By: Jimmie L. Wade, President WITNESS signature Witness' Printed Signature WITNESS signature Witness' Printed Signature COMMONWEALTH OF VIRGINIA :55 COUNTY OF ROANOKE The foregoing instrument was acknowledged before me this _ day of , 2004 by Jimmie L. Wade, as President of Discount Auto Parts, Inc., a Florida corporation, whom, being duly authorized by said corporation, did execute the foregoing instrument on behalf of said corporation, and who acknowledged the execution thereof to be his free act and deed for the uses and purposes therein expressed. My Commission Expires: NOTARY PUBLIC - COMMONWEALTH OF VIRGINIA TypelPrint Name [ ] Personally Known http://netfyi/NetFYI/Clients/d49cbd 12-7349-4c44-8cOf-07bf36080b 7 c/DocBAAE. DOC 20f4 Page [ ] Produced Identification Type of Identification Produced AFFIDAVIT OF NO LIENS COMMONWEALTH OF VIRGINIA : ss COUNTY OF ROANOKE BEFORE ME, the undersigned authority, personally appeared Jimmie L. Wade as President of Discount Auto Parts, Inc., a Florida corporation, whom, being first duly sworn, does depose and say: 1. That said corporation is owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: From the NW corner of the NW Y4 of Section 8, Township 29 South, Range 16 East, run along the Section Line SOoo54'44"W, 223.13 feet; thence S89005'16"E, 1 00.00 feet to the East right-of-way line of U, S, Highway No. 19; thence S89040'09"E, 150.91 feet; thence NOoo48'44"E, 163.95 feet to a POINT OF BEGINNING; thence continue NOoo48'44"E, 10.00 feet; thence S89035'34"E, 100.01 feet; thence SOoo54'44"E, 10.00 feet; thence N89040'09"W along the northerly limit of that certain Drainage & Utility Easement as recorded in O. R. Book 5775, Page 963, Public Records of Pinellas County, Florida, 10.00 feet; thence SOoo54'44"W, 16.00 feet; thence N44022'43"W, 22.51 feet; thence N89040'09"W, 74.00 feet to the POINT OF BEGINNING. Containing 1,135 square feet, more or less. Said area is shown on Exhibit A attached hereto. 2. That said property is now in the possession of the record owner. 3. That there has been no labor performed or materials furnished on said property for which there are unpaid bills or labor or materials against said property, except those which shall be paid during the normal course of business, and No others. 4. That there are no liens or encumbrances of any nature affecting the title of the property hereinabove described, except easements and restrictions of record and matters shown on Exhibit B attached hereto and No others. 5. That it is hereby warranted that no notice has been received for any public hearing regarding assessments for improvements by any government, and it is hereby warranted that there are no unpaid assessments against the above property for improvements thereto by any government, whether or not said assessments appear of record. 6. That there are no outstanding sewer service charges or assessments payable to any http://netfyi/NetFYI/Clients/d49cbd 12-7349-4c44-8cOf-07bf36080b 7 c/DocBME. DOC Page 3 of 4 government. 7. That the representations embraced herein are for the purpose of inducing CITY OF CLEARWATER, its agents, successors and assigns to rely thereon. Signed, sealed and delivered in the presence of: By: Jimmie L. Wade, President WITNESS signature WITNESS' printed signature WITNESS signature WITNESS' printed signature Sworn to and subscribed before me this _ day of ,2004. My Commission Expires: Signature of Person Taking Acknowledgment Type/print/stamp name of acknowledger [ ] Personally Known [ ] Produced Identification Type of Identification Produced: http://netfyi/NetFYI/Clients/d49cbd 12-7349-4c44-8cOf-O 7bf36080b 7 c/DocBAAE. DOC 40f4 Page City Council <<M<A9~..!:,!..~^~<.....~_~<~~r M!.~<<~..r<~..!:'!.,~u~".< ff\JG5 Tracking Number: 600 Actual Date: 06{17{2004 Subject / Recommendation: Approve a work order supplement to Post, Buckley, Schuh & Jernigan, Inc. (PBSJ) in the amount of $384,999 for additional design and post-design services associated with the Beach Walk project and authorize the appropriate officials to execute same. Summary: The original design work order was issued in November 2002 in the amount of $500,000. One supplemental work order for $46,071 to conduct a third public charrette was administratively approved in October 2003. Since that time PBSJ has spent considerable time and effort outside of the original scope of services assisting the City address issues including: alternate Coronado Drive cross-sections and multiple meetings with Coronado property owners; evaluation of the impacts of the change in flood zone; computer modeling of alternative Beach Walk designs to mitigate the flood zone change; preparation of a 3-D model; additional topographic survey for existing finished floor elevations; and meetings with staff regarding flood zone issues. In addition, this work order supplement includes fees for traffic signalization and maintenance of traffic design which were not included in the original scope; specialty lighting and structural consultants; enhanced sidewalk design along S. Gulfview to the Sand Key Bridge; and post-design services as typically provided by the design consultant. The total contract amount is now $931,070, and final design is scheduled to be complete in January 2005. Sufficient budget and funding are available in the Capital Improvement Program project 315-92267, Coronado{ S. Gulfview Streetscape. A copy of the work order supplement is available for review in the Office of Official Records and Legislative Services. Originating: Engineering Section Consent Agenda Category: Agreements/Contracts - with cost Public Hearing: No Financial Information: ~ Capital Expenditure Bid Required? No Bid Exceptions: Other II. Lf City Council <~9~^,~<.~..~"...<~.~.~.~.!:.....~.<~..!n~!"a!1~~~!!I< Other Contract? Engineer-of record In Current Year Budget? Yes Budqet Adjustment: No Current Year Cost: $384,999.00 For Fiscal Year: 10/01/2003 to 09/30/2004 Appropriation Code(s) 315-92267-56100-54-000 Amount $384,999.00 Comments Review Approval Michael Ouillen Bryan Ruff 05-18-2004 11 :38:23 06-07-2004 08:04: 12 05-21-2004 12:25:49 06-03-2004 15:27:29 05-24-2004 12: 18:42 06-05-2004 13:02:44 Cvndie Goudeau Tina Wilson Garrv Brumback Bill Horne CITY OF CLEARWATER REVISED BEACH WALK SUPPLEMENT NO, 2 PBS&J WORK ORDER INITIATION FORM Date: May 14, 2004 PBS&J Project No. 100-359.06 City Project No. BW-102302 1. PROJECT TITLE: Beach Walk Supplement No.2 for 100% Design Documents & Sidewalk Treatment 2. SCOPE OF WORK: PBS&J has spent time and effort in providing services beyond the initial scope of services during the design development stage and requests to be reimbursed for those efforts and the effort to continue the project to 100% design. The project has become much more complex with many more elements. This increase in complexity is seen in the cost estimate, more than doubling from the original concept. PBS&J has evaluated the efforts that it will take to complete the construction documents and the effort we have made on City requested services outside or the project scope. The construction documents will include the drawings and support services to develop construction drawings to a complete product ready for construction. In the course of the design, the City has also requested Additional Services that fall into multiple areas of support: The FEMA analysis, 3D-model, typical section renderings of Gulfview Blvd., assistance with property owners relative to their developments, and Beach Walk design. To provide the requested design documents, there is a need for specialty Design Services from the Sub-consultant in the field of specialty lighting, specialty structural, and traffic design services. During field visits to similar projects in Ft. Lauderdale and Miami, lighting was a noticeable theme and improvement to the beach experience. PBS&J proposes to hire a sub-consultant to provide input and design of a featured lighting system. An estimated fee is provided in the budget section. The approved master plan has several unique design features such as fountains, sculpture, special seating, and retaining walls that would need specialty structural design. PBS&J proposes to hire a sub-consultant with specialty structural design experience in servicing theme parks from the Orlando area to provide input and design of the special structures. An estimated fee is provided in the budget section. 1 http://netfyilNetFYVClients/d49cbd 12-7349-4c44-8cOf-07bt36080b7c/DocBB4B.DOC I ~.._--- The traffic design element of the design plans will need an expert in that field. The consulting firm ofDKS Associates is the capable firm to handle these needs. They propose to do the following: 1. Development of conceptual (30%) intersection geometric for the intersections of Gulfview Boulevard and Coronado Drive, and Gulfview Boulevard and Harnden Drive; 2. Preparation of 60% signalization plans for these two intersections as well as two pedestrian crossings; 3. Development of generalized construction staging plan and preliminary Maintenance of Traffic Plan; 4. Meetings and Field Reviews; 5. Complete the signalization plans and pedestrian crossings to 100% upon authorization by the City; and 6. Complete the Maintenance of Traffic Plan to 100% upon authorization by the City. In addition to the various elements of design, PBS&J will be available to provide the City with limited construction services in the area of: 1. Attend the City arranged Pre-construction Conference. 2. Assist the City in responding to the Contractor's Requests for Information (RFI's) as they are related to the proj ect. 3. Make periodic site visits to review site conditions during construction, and make recommendations as to the resolution of conflicts in the design. 4. Review shop drawings provided by the Contractor through the City as they relate to the design. The original scope of services stated, "Create sidewalk improvements to provide continuous pedestrian movement from Beach Walk to Sand Key Bridge." As an enhancement to this scope, PBS&J is to provide the City with the following: PBS&J shall develop sketches and sidewalk treatments for the length of Gulfview Blvd. from the end ofthe Beach Walk improvements at the intersection of Gulfview Blvd. and Harnden Drive to the Sand Key Bridge Railing. The sketch would show the typical treatment from the back of curb to the property line, on both sides of the street, for the movement of pedestrians, including the recommended landscaping and hardscape features that would continue the Beach Walk theme for the full length of Gulfview Blvd. 3, BUDGET A maximum fee for the additional services of $384,999.00 has been established for this assignment. 2 http://netfyi/NetFYUClients/d49cbd 12-7349-4c44-8cOf-07bf36080b7 c/DocBB4B.DOC 4, SCHEDULE A new project scheduled is not needed for the additional services. 5. PBS&J STAFF ASSIGNMENTS J. Richard Claybrooke, P.E. - Peer review and QA/QC Dale Siska, AICP - Project Planning Task Manager William C. Kasak, P.E. - Project Engineering Task Mgr. Jeffrey Tabar, P.E. - FEMA Analysis James E. Godfrey, PLS - Surveying & Mapping DKS Associates - Traffic Design Services Structural and Lighting Sub consultant - to be determined 6. CORRESPONDENCEI REPORTING PROCEDURES (813)282-7275, Ext. 532 (800)284-5182 (813)282-7275, Ext. 489 (813)282-7275, Ext. 449 (813)282-7275, Ext. 584 (813)962-5959 Correspondence shall be sent to Mahshid D. Arasteh, P.E. and Mike Quillen, P.E. 7. INVOICING/FUNDING PROCEDURES The budget for this work is a maximum of $384,999.00, based on actual time and direct reimbursable costs expended. Invoicing Method A, Cost Times Multiplier shall be used. City Invoicing Code: APPROVED BY: CITY OF CLEARWATER PBS&J By: By: DATE DATE 3 http://netfyilNetFYUClients/d49cbd 12-7349-4c44-8cOf-07bf36080b7 c/DocBB4B.DOC City Council ".~_""""~g~~~,~"_Co~~,r,,,~~~,,~,r~nd,:!~,, E.tJ G c:, Tracking Number: 603 Actual Date: 06/17/2004 Subject / Recommendation: Approve the final plat for "Chautauqua Lake Estates", a proposed 46-lot single family subdivision located on the west side of Lake Chautauqua, Summary: * The proposed subdivision will incorporate 23.5 acres of land previously platted as Unit 1, Section A, Chautauqua on the Lake. * Approval for the vacation of a portion of First Avenue East, a drainage and utility easement and a utility easement was given by the City Council on May 6, 2004. * The Development Review Committee recommended approval of the subdivision design on January 29, 2004. * A development order for this subdivision was issued on May 3, 2004. * A copy of the plat is available for review in the Official Records and Legislative Services office. Originating: Engineering Section Consent Agenda Category: Plat Files Number of Hard Copies attached: 1 Public Hearing: No Financial Information: Review Approval Glen Bahnick 05-18-2004 14:24:20 Cvndie Goudeau 06-03-2004 14:47: 13 Michael Ouillen 05-18-2004 14:56:52 Garrv Brumback 06-02-2004 13:36: 19 Frank Gerlock 05-20-2004 11:39:48 Bill Horne 06-03-2004 10:35:44 /I. S Location Map Scale 1"=1,000' NORTH '-J o U~LJ'6U:i!LJj Cypress I Bend Dr @w RUN S ENTERPRISE EiJ0 ei o ~ ~ ~ w>- U 0 I <( n:: Z X;: W ::J o rn (f) u.. <{ (f) SABER P ARK CREEK DR ~[!] > <{ w w N ::J ::J 0 Z Z Z W W W 0 > > rn <{ <( 0:: U o 0:: SUN STREAM BOO HILLCREEK CIR S ~~ FIRST AVE N 1 ~~ ~ € 0 z C>> ~ 0:: 0 C] CHANCERY '" CYf' McCORMICK W CYP <fl <fl 0:: ci cj vi STRE ARBELlA ~\I 0 V BERMUDA ~ _ r;---,,----,~ City of Clearwater, Florida Public Works Administration/Engineering Date DWG. NO. 03/03/04 FINAL PLAT 1 Drawn By S.D. Grid # 244B Chautauqua Lake Estates Sheet 1 of 1 Sec-Twn-Rng 32-28S-16E It. (0 City Council ...w.~ge~_~..~,.,..~.~~.~.!:......~,~,~.,~,!:~,!!,~,~,~",. EtJG '7 Tracking Number: 609 Actual Date: 06/17/2004 Subject / Recommendation: Approve a contract with Thomas L. Jones, to sell the West 1/2 of Lots 43 and 44, Block D, J. J. ELDRIDGE SUBDIVISION, for the total sum of $21,350, and authorize appropriate officials to execute same. Summary: On March 2, 2000, the subject property was declared surplus for the purpose of selling. It was duly advertised for bid in the minimun sum of $14,000 as valued in a December 1999 appraisal. A responsive bid of $14,001 was received and a contract to sell was entered into with the high bidder. The sale did not close when a purchase condition related to maximum development could not be satisfied. Following telephone inquiries early in 2004, the vacant 62' X 125' Commercial parcel was reappraised and valued at $21,000, then again advertised for bid. Mr. Jones, who owns property adjacent on the west, was the only responsive bidder at $21,350. As established in the original surplus declaration, the City acquired title in the parcel on August 3, 1998 in settlement of a suit to foreclose a CDBG mortgage with a principal balance owed in the sum of $15,943.36. Upon closing $900 of sale proceeds will reimburse Miscelleaneous Engineering - Appraisals fund 315-92822 for the reappraisal expense. Housing fund 686-128165 will then be reimbursed the judgement principal balance of $15,943.36. Foreclosure fees of $988.43 will be reimbursed in account 684-115220, and any excess proceeds will accrue in General Fund Surplus Land Sale fund 010-00000-364220-000-000. A copy of the purchase contract is available for review in the Office of Official Records and Legislative Services. Originating: Engineering Section Consent Agenda Category: Agreements/Contracts - without cost Number of Hard Copies attached: 1 Public Hearing: No Financial Information: Review Approval Michael Ouillen 05-26-2004 10:21:04 Tina Wilson 06-03-2004 09:02:46 Bill Horne 06-05-2004 12:55:46 Michael Ouillen Cvndie Goudeau Laura Lipowski Garry Brumback City Council ~,g~~~a C~<~.~~!:.~~~1!10~~~!!.~..~...I!1~<.ww 05-26-2004 11:02:44 06-07-2004 08: 10:44 05-27-2004 16:23:57 06-03-2004 15:23:26 (<e: II.(P $ hi,V{('-Gu41at l{r l.7iIl4,.-" '~Qtr' :'fff ~ G) ~ I i 0> p:I $ ~ ~ <:;> R ~ ~ > ~ ..-. 'd l! i i Q ::J )> -{ N' mG) co CD '" ~ .. D 0 ~ 0 ;. D. '" -. ~ ~ ,;:; , ..." -<;. ^'; " n 9 m ,!; -~ ~ ! " '" -~ ;ljJ 'l't Jj a r" u M 'tl ~. {..II m ;;:;1 -0 >' ~ 1; VI "ll 'i'J~ m % :r ~l :1 :J 'M '" 7:: is f^'l ;n ~ '" 0, 1~ ~ "a !!Ii ! ~ ;a ~:f'Nb 7 e 1/ .to CONTRACT FOR SALE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA PARTIES: The CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein "Seller" or "City"), P. O. Box 4748, Clearwater, Florida 33758-4748, ATTENTION: City Manager, Phone: (727) 562-4050, and Thomas L Jones, a single man (herein "Buyer"), of 615 South Missouri Avenue, Suite F, Clearwater, Florida 33756 Phone: (727) 798- 9821, (collectively "Parties"), hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal property ("Personalty") (collectively "Property") upon the following terms and conditions. THE "EFFECTIVE DATE" OF THIS CONTRACT IS THE DATE OF EXECUTION BY DULY AUTHORIZED CITY OFFICIALS. TIME IS OF THE ESSENCE IN THIS CONTRACT. Time periods of 5 days or less shall be computed without including Saturday, Sunday, or national legal holidays and any time period ending on a Saturday, Sunday or national legal holiday shall be extended until 5:00 P.M. of the next business day. 1. PROPERTY DFSCRIPTION LEGAL DESCRIPTION: The West % of Lots 43 & 44, Block "0", J. J. ELDRIDGE SUBDIVISION, as recorded in Plat Book 1, Page 85, Public Records of Pinellas County, Florida. STREET ADDRESS (City/State/Zip): 606 Cedar Street, Clearwater, FI. 33755 PERSONALTY: None (vacant parcel) 2. FULL PIIRCHASF PRiCE.... ........................."...."......................................................................$ 2135000 3. MANNFR OF PAYMFNT Amount to be paid at closing in U.S. funds, cash, certified or cashier's check, subject to adjustments and prorations....."............ ..... ....... .................. ................ $ 21 35000 4. TIMF FOR ACCFPTANCF Following execution of this contract by Buyer. the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate original to Earl Barrett, Real Estate Services Manager of the City of Clearwater for acceptance and approval, or rejection by action of the Clearwater City Council ("Council"). If this agreement is accepted and approved by the Council, it will be executed by duly authorized City officials and delivered to Buyer within 10 days thereafter. If the Council upon initial presentation rejects this contract, this contract shall be null and void in all respects and Buyer shall be so informed in writing within 5 days of such action. 5. IIILE Seller shall convey marketable title to the Property by Special Warranty Deed, subject only to matters contained in Paragraph 6 and those otherwise accepted by Buyer. Otherwise title shall be free of liens, easements and encumbrances of record or known to Seller, but subject to property taxes for the year of closing, if any; covenants, restrictions and public utility easements of record; and NO OTHERS; provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the Property for infill commercial development. 6. TITI F EVIDFNCE Buyer may, at Buyer expense and within 10 days prior to closing date obtain a title insurance commitment issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract. Marketable title shall be determined according to applicable Title Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 5 days from receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have 120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or withdrawing from this Contract. Seller will, if title is found unmarketable, make diligent effort to correct defect(s) in title within the time provided therefore, including the bringing of necessary suits. 7. CERTAIN RIGHTS RFSERVED As required by Section 270.11, Florida Statutes, the Seller reserves unto itself and its successors an undivided three-fourths (3/4) interest in, and title in and to an undivided three-fourths (3/4) interest in, all the phosphate, minerals, and metals that are or may be in, on or under the real property described herein, and an undivided one-half (1/2) interest in all the petroleum that is or may be in, on, or under said property with the privilege to mine and develop the same. If the real property being conveyed 1 hereunder is less than 70 contiguous acres is presently developed and/or there exists future development plans and there is little likelihood of the presence of any of the minerals or petroleum contemplated hy Section no 11 Florida StHhltes in HIl sllch instances the City expressly releHses the above described rights Buyer petition for such releHse is evidenced by execution of this contract 8. SURVEY Buyer, at Buyer's expense. within time allowed to deliver evidence of title & examine same, may have Real Property surveyed & certified to the Buyer, Seller & closing agent by a registered Florida land surveyor. If survey shows any encroachment on Real Property, or that improvements located on Real Property encroach on setback lines, easements, lands of others, or violate restrictions. contract covenants or applicable governmental regulation. the same shall constitute a title defect. 9. CLOSING PI ACF AND DATE Buyer shall designate closing agent and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida, on or before 30 days following the Effective Date, unless extended by other provisions of this contract. If either party is unable to comply with any provision of this contract within the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply. then upon giving written notice to the other party. time of closing may be extended up to 45 days without effect upon any other term, covenant or condition contained in this contract. 10. CLOSING DOCUMF:NTS Seller shall furnish deed, bill of sale. mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments as applicable to this transaction. Buyer shall furnish closing statement. 11. CLOSING FXPFNSFS Recordation of the deed and Documentary stamps on the deed, unless this transaction is exempt under Chapter 201.24, Florida Statutes, shall be paid by the Buyer. Seller shall pay the costs of recording any corrective instruments. 12. PRORATIONS; CRFnlTS If there should exist any taxes, assessments, rent and other revenue specific to the Property, all of such expenses and revenue shall be prorated through the day before closing. If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being made for improvements and exemptions. Any deposits held by Seller in trust for third parties in occupancy of the Property shall be credited to Buyer at time of closing. Assessments for any improvements that are substantially complete at time of closing shall be paid in full by Seller. 13. PROPFRTY CONDITION Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Seller makes no warranties other than as disclosed herein and marketability of title. Buyer's covenant to purchase the Property "as is" is more specifically represented in either subparagraph a. or b. as marked [XI. a. [ I As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its present "as is" condition. b. [XI As Is With Right of Inspection: Buyer may. at Buyer expense and within 28 days from Effective Date ("lnspectionPeriodn), conduct inspections, tests, environmental and any other investigations of the Property Buyer deems necessary to determine suitability for Buyer's intended use. Seller shall grant reasonable access to the Property to Buyer, its agents, contractors and assigns for the purposes of conducting the inspections provided. however. that all such persons enter the Property and conduct the inspections and investigations at their own risk. Seller will, upon reasonable notice and if presently in service, provide utilities services as may be reqUired for Buyer's inspections and investigations. Buyer shall not engage in any activity that could result in a mechanics lien being filed against the Property without Seller's prior written consent. Buyer may terminate this contract by written notice to Seller prior to expiration of the Inspection Period if the inspections and/or investigations reveal conditions that are reasonably unsatisfactory to Buyer, unless Seller elects to repair of otherwise remedy such conditions to Buyer satisfaction. If this transaction does not close, Buyer agrees, at Buyer expense, to repair all damages to the Property resulting from the inspections and investigations and return the Property to its present condition. 14. SF'I FR HEI D HARM' FSS Buyer agrees to indemnify and hold harmless the Seller without limitation from any losses, damages, costs, including attorney's fees, claims of injury to or death of any person(s). any damage to property of Buyer, or the Property. and from and against any and every liability to any person arising from Buyer conduct of inspections, investigations and any other work performed pursuant to Paragraphs 8 and 13 above. 15. PROCEEDS OF SAI F' ClOSING PROCFDlIRF The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing, during which time 2 evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last title evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer shall, within the 5-day period, notify the Seller in writing of the defect and Seller shall have 30 days from the date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within 5 days after demand, be retumed to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title "as is", waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed. The escrow and closing procedure required by this provision may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (1987). as amended. 16. DFFAIII T If Buyer fails to perform this contract within the time specified, including, if applicable, payment of all deposit(s), the deposit(s) paid by Buyer may be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of this contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under this contract; or Seller, at Seller option, may proceed in equity to enforce Seller's rights under this contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this contract, the Buyer may seek specific performance or elect to receive the return of Buyer deposit(s) without thereby waiving any action for damages resulting from Seller's breach. 17. RADON GAS NOTIFICATION RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 18. CONTRACT NOT RFCORDARI F' PERSONS BOUND Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. 19. .llI.C2IICE All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail, property stamped and addressed to the respective party to be notified, including the parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the behest of the parties to satisfy all terms and conditions of this contract. 20. ASSIGNABiliTY' PERSONS BOLJND This contract is not assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives, successors and assigns (if assignment is permitted). 21. ATTORNEY FEES' COSTS In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable attomey's fees and costs. 22. NO RROKFR Seller and Buyer represent and agree they have dealt with no Broker or finder in connection with the transactions contemplated hereby. Seller and Buyer further agree to indemnify the other from any damage. liability or expense either may suffer as a result of any claim of a Broker or finder with whom it is determined that the other party has dealt with in contravention of this agreement; except, however, that total City obligations under this provision shall be subject to the limits and restrictions of the Florida sovereign immunity statute, F.S. 768.28. 23. TYPFWRITTFN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 24. EFFFCT OF PARTIAl INVAliDITY The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of any other provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 25. GOVERNING I AW It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. 3 26. COIINTFRPART~' FAC~IMII F COPY This contract may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. A facsimile copy of this contract, including any addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be deemed an original. 27. SPFCIAI CLAUSES [X] Not applicable, QB [ ] An Addendum containing special clauses that constitute agreements and covenants between the parties is attached to and an integral part of this contract and without further acknowledgment is confirmed and accepted by the parties. When any special clause in the Addendum is in conflict with any provision contained elsewhere in this contract, then the special clause shall govern. 28. MERGER BY DFFn All covenants, warranties, and representations contained herein shall merge with the deed at time of closing. Upon delivery of deed by the City, and acceptance thereof by Buyer, the Buyer shall hold the City forever harmless thereafter. 29. ENTIRE AGRFFMFNT Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the parties, shall supersede any and all prior and contemporaneous written and oral promises, representations or condition in respect thereto. All prior negotiations, agreements. memoranda and writings shall be merged herein. Any changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or attached hereto. THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN APPROPRIATE PROFE IONAL FOR LEGAL, TAX ENVIRONMENTAL AND OTHER SPECIALIZED ADVICE PRIOR TO NI Date: ~jr .2004 -------------------------------------------------------------------------- -----------------------------------------~----------------------------- APPROVED AND ACCEPTED THIS _ day of , 2004. Countersigned: CITY OF CLEARWATER, FLORIDA Brian J. Aungst, Mayor By: William B. Horne. II, City Manager Approved as to form: ATTEST: ~ Laura Lipowski, Assistant City Attorney Cynthia E. Goudeau, City Clerk 4 {(~7 City Council ~~~,w,_~~~~~~_~~~"~",Memor~,~1:I m ~~",'''u__~,~,_ E3rJ68 Tracking Number: 567 Actual Date: 06/17/2004 Subject / Recommendation: Award a contract to Luke Brothers, of Holiday, Florida, the lowest most responsive bid for the Exotic and Invasive Species Control Project in the amount $225,000.00 and approve the grant agreement with National Fish and Wildlife Foundation/Pinellas County Environmental Foundation (NF&WF/PCEF)for funding in the amount of $106,000 and authorize the appropriate officials to execute same. Summary: The City applied for and was awarded a grant in the amount of $106,000 from Pinellas County Environmental Foundation for a program to remove and control listed exotic, invasive species from public properties, preserves, parks and right-of-ways. The grant was acquired based on an approved list of sites as follows: Winding Wood/Cypress Bend Cliff Stephens Park South end of Lake Chautauqua Drew Street and Bayview South of Enterprise Road, north end of Lake Chautauqua Northeast and Old Coachman Park Additional funding for the project is being provided to satisfy the Consent Orders that were entered into between the City of Clearwater and the Florida Department of Environmental Protection (FDEP) for violations at the City's sewage treatment plants which required an "in-kind penalty project" in the amount of $106,650.00. Lastly the project will partially satisfy the Consent Order between the Long Center and the Florida Department of Environmental Protection by the removal of exotics along Alligator Creek through the Long Center property. The bid from Luke Brothers provided costs per site and totaled $248,006.00, exceeding available funding. The award amount will be for $225,000. As the total bid included a contingency, it is hoped all work at all sites can be done. However, it is possible only a portion of the site located south of Enterprise Road on the north end of Lake Chautauqua will be completed. 1--- I City Council ,__"~e!!"~a Cover_~em~!,andu"n:!__,_~,,___~_"__,W' There is sufficient availability in the Parks & Recreation Administration cost center operating budget (010-01801) to fund the contract cost of $13,950 for the removal of the exotics along Alligator Creek through the Long Center property. Of the $212,650.00 project balance, $945.20 will be available for miscellaneous project costs and expenditures for educational materials as required by the Grant Agreement. Third quarter amendments will: 1. Establish the Capital Improvement Program (CIP) project, 315-96524, Exotic and Invasive Species Control and provide a budget of $106,000.00 for grant revenue from the NF&WF/PCEF. 2. Transfer the budget and Sewer Revenue of $106,000.00 from CIP project 315-96614, In-Kind Project - Exotic/Invasive Species, to the 315-96524, Exotic and Invasive Species Control project. Expenditures incurred in 315-96614 of $654.80 for advertising and print shop services will also be transferred to the new project and 315-96614 will be closed. 3. Increase the budget in the new project and transfer $650.00 of Sewer Revenue from savings within the Water & Sewer Utility Fund cost center 421-01351, WPC Plant Operations. Combined with the $106,000.00 from 315-96614, the $650.00 will provide the funding required by the consent agreement between the City and the FDEP for violations at the City's WPC facilities. Originating: Engineering Section Consent Agenda Category: Agreements/Contracts - with cost Public Hearing: No Financial Information: ~ Capital Expenditure Bid Required? Yes Bid Numbers: 04-0010-EN Budget Adjustment: Yes Budget Adjustment Comments: See Summary section for budget amendments. Total Cost: $225,000.00 Appropriation Code(s) 010-01801-530300-572-000 315-96524-530300-539-000 Amount $13,950.00 $212,650.00 Comments Review Approval 1____ Kevin Dunbar Brvan Ruff Michael Ouillen Cvndie Goudeau Tina Wilson ter City Council <__~_,._ Agend~ Co_,!~r _~e!!,orw~~~d,~~!!I~~<.,~_~".~_,_,~<~<<.<<,,~_ 05-17-2004 17:29:09 05-26-2004 11:01:44 05-18-2004 11:46:54 06-08-2004 16:06: 17 05-24-2004 11 :43:22 ~ ", SrJ6? .. . f2-e.'~ 1(.1 2003-0092-006.CON Last revised: 21/November/2002 NATIONAL FISH AND WILDLIFE FOUNDATION GRANT AGREEMENT (ADVANCE PAYMENT BASIS) PROJECT: City of Clearwater Invasive Species Control Project (2003-0092-006) rr Please reference project title and number on all correspondence "" NFWF RECIPIENT: City of Clearwater PROJECT PERIOD: 06/0112004 to 05/31/2005 AWARD:' $106,000 is provided in consideration for the NFWF Recipient's agreement to perform the Project in accordance with Section 1 below, and the NFWF Recipient's agreement that it will raise and spend at least $106,000 in Matching Contributions on the Project. FUNDING SOURCE: National Oceanic and Atmospheric Administration $106,000 CFDA Number: 11.463 **** Defined Terms. All capitalized terms used in this Agreement shall have the meanings attributed to such terms in the 2002 Glossary found on NFWF's web site <www.nfwf.org>, which is incorporated in this Agreement by this reference. Section 1. PROJECT PURPOSE National Fish and Wildlife Foundation (NFWF) agrees to provide the Award to the NFWF Recipient for the purposes of satisfactorily performing the Project described in a Full Proposal received by NFWF on 12/1 0/2003 and incorporated into this Agreement by reference. LL Project Description. The City of Clearwater will eradicate 94.2 acres of invasive plant species on publie properties, preserves, parks, and right-of-ways. The secondary objective is to educate and assist residents with identifying invasive plant species. Complete site inspections, public awareness and education. Develop educational brochures. -1- $600 Complete the treatrnent and removal of the invasive plant species on the targeted sites. $94,500 Begin the 5 year monitoring and maintenance program. Replant target sites with native plants if necessary. $10,900 1.2. Proiect Deliverables. . 94.2 acres of invasive plant species will be removed from City of Clearwater property. . Educational brochures will be developed for the residents of Clearwater. lJ.. Diligence and Communication Required. The NFWF Recipient agrees to pursue completion of the Project diligently and to communicate with the Project Manager on a regular basis with respect to the status of the Project, including but not limited to providing the reports discussed in Section 4 below. Failure to diligently pursue completion of the Project within the Project Period and/or failure to so communicate with the Project Manager will be deemed a material default in this Agreement, entitling NFWF to terminate this Agreement. Section 2. RESTRICTION ON FUNDS No Funds provided by NFWF pursuant to this Agreement or Matching Contributions may be used to support litigation expenses or lobbying activities. Section 3. PAYMENT OF FUNDS and ADMINISTRATION PROCEDURES 3.1. NFWF Funds. Payments of the NFWF Funds for this Award will be made in 3 installments. . Project Phase One installment will be advanced to the NFWF Recipient when NFWF receives a Request for Payment from the NFWF Recipient certifying that it is ready to begin project activities for the first Phase described in Section 1.1 immediately upon receipt of the funds. . Subsequent Phase installments will be advanced to the NFWF Recipient when NFWF receives and approves a completed Project Phase Reporting Form certifying that (i) the NFWF Recipient has completed the previous Project Phase as described in Section 1.1 and (ii) the NFWF Recipient has expended NFWF Funds and Matching Contributions consistent with the Project Phase Budget as described in Section 1.1; -2- and the NFWF Recipient provides NFWF a Request for Payment certifying that it is ready to begin Project activities for the next Phase immediately upon receipt of the funds. . Payment for the Final Phase of the Project will be made in arrears, upon the receipt and approval by NFWF of all required reporting for this Agreement. . Under no circumstances will any payment under this Agreement be made if any Financial or Programmatic Reports are due and outstanding. 3.2. Budget Changes. In the event the NFWF Recipient determines that the amount of the Budget is going to change in anyone line item by an amount that exceeds more than 10% of the total Budget for that Phase, the NFWF Recipient must seek approval from the Project Manager. If approval is received, both parties must sign a written amendment to this Agreement reflecting the new Budget. Section 4. REPORTING REQUIREMENTS 4.1. Phase Financial and Programmatic Report. Upon completion of each Phase, the NFWF Recipient will submit a brief e-mail or fax Project Phase Report on Project accomplishments and financial expenditures incurred during the Phase. 4.2. Annual Financial and Programmatic Report. The NFWF Recipient will submit an Annual Financial and Programmatic Report no later than October 31st of each year during the Project Period, summarizing all of the activities accomplished and expenditures made from the beginning of the Project Period or the most recent Project Phase Report until and including the immediately preceding September 30th. 4.3. Final Report. No later than 90 days after the completion of the Project, the NFWF Recipient shall submit a Final Financial and Programmatic Report to NFWF, that includes: 1) a Final Financial Reporting Form accounting for all receipts of Project funds, Project expenditures, and Budget variances (if any) compared to the approved Budget; 2) a report and Certification of Matching Contributions secured and expended by the NFWF Recipient for the Project; 3) a Final Programmatic Report summarizing the accomplishments achieved during the term ofthe Agreement. A representative number of digital photos (preferred) or color 35mm slides depicting the Project and copies of all publications, press releases and other appropriate "products" resulting from the Project should also be provided to NFWF as part of the Final Report; and 4) a completed Project Evaluation Report. Any requests for extensions of this Final Report submission date must be made in writing to NFWF Project Officer and approved by NFWF in advance. Section 5. STANDARD PROVISIONS. This Agreement is also subject to the terms and conditions set forth in the attached Standard Provisions, each of which is incorporated in this Agreement by this reference. Section 6. CONTACT INFORMATION. -3- For NFWF Recipient: Terry Finch City of Clearwater 100 South Myrtle Avenue Suite 220 Clearwater, FL 33758-4748 Phone: 727-562-4742 Fax: 727-562-4673 E-mail: Terry.Finch@MvCleanvater.com Heather.F aess I er@MyClearwatcr.com Unless from the email address set forth above, electronic mails will be deemed unauthorized. If multiple users are authorized to send electronic mails on behalf of the NFWF Recipient, please list all authorized sources. For NFWF: Bridget Kelly National Fish and Wildlife Foundation 1120 Connecticut Avenue NW, Suite 900 Washington, DC 20036 Phone: (202) 857-0166 Fax: (202) 857-0162 E-mail: bridget.kelly@nfwf.org IN WITNESS WHEREOF, the parties have executed this Agreement, intending to be bound legally. NATIONAL FISH AND WILDLIFE FOUNDATION By: Peter Stangel, Ph.D. Director, Southern Region Date: CITY OF CLEARWATER By: (Print name and title legibly) Date: -4- 2003-0092-006. CON NATIONAL FISH AND WILDLIFE FOUNDATION GRANT AGREEMENTS BY THE City of Clearwater Countersigned: CITY OF CLEARWATER, FLORIDA By: Brian J. Aungst Mayor-Commissioner William B. Horne, II City Manager Approved as to form: Attest: Leslie Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk 2002 STANDARD PROVISIONS FOR AWARDS This Award is subject to the following terms and conditions, except those that begin with a text box ( D ) that does NOT have an X in it ( [8] ). Section AI. ASSIGNMENT; SUBA W ARDS AI.I The NFWF Recipient may not assign this Agreement; in whole or in part, to any other individual or other legal entity without the prior written approval ofNFWF. AI.2 The NFWF Recipient may not provide sub awards without the prior written approvalofNFWF. Section A2. UNEXPENDED FUNDS; INTEREST A2.1 Any funds provided by NFWF and held by the NFWF Recipient and not expended at the end of the Project Period will be returned to NFWF within ninety (90) days after the end of the Project Period. [&] A2.2 Any interest earned in anyone year on Federal funds advanced to the NFWF Recipient that exceeds $250 must be reported to NFWF, and the disposition of those funds negotiated with NFWF. Section A3. AMENDMENTS This Agreement can only be amended by a written amendment, signed by both parties. Counterpart originals and/or facsimile copies of amendments are acceptable, but not emails. Section A4. TERMINATION At any time prior to receipt of the first payment, the NFWF Recipient may terminate this Agreement. After receipt of the first payment, the NFWF Recipient may terminate this Agreement only with the written consent ofNFWF. Failure by the NFWF Recipient to comply with any material term of this Agreement is cause for NFWF to terminate this Agreement by written notice to the NFWF Recipient. In the event of termination ofthis Agreement prior to Project completion, NFWF will not make payment for any ofthis Agreement's Project Deliverables that remain undelivered and any funds advanced by NFWF that have not been expended by the NFWF Recipient shall be returned to NFWF immediately, but in any event, no later than thirty (30) days after receipt of the notice of termination. NFWF agrees to pay all documented, non-cancelable commitments made by the NFWF Recipient prior to the NFWF Recipient's receipt of the notice of termination. Section AS. ADDITIONAL SUPPORT In making this A ward, NFWF assumes no obligation to provide further funding or support to the NFWF Recipient beyond the terms stated in this Agreement. Section A6. ARBITRATION AND CHOICE OF JURISDICTION A6.1 All claims, disputes, and other matters in question arising out of, or relating to this Agreement, its interpretation or breach, shall be decided through arbitration by a person - SP I - or persons mutually acceptable to both NFWF and the NFWF Recipient. Notice of the demand for arbitration shall be made within a reasonable time after the claim, dispute, or other matter in question has arisen. The award rendered by the arbitrator or arbitrators shall be final. A6.2 This Agreement shall be subject to and interpreted by the laws ofthe District of Columbia, without regard to choice oflaw principles. By entering into this Agreement, the NFWF Recipient agrees to submit to the jurisdiction of the courts ofthe District of Columbia. A6.3 The terms of this Section will survive termination ofthis Agreement. Section A7. COMPLIANCE WITH LAWS; INSURANCE; INDEMNIFICATION A 7.1 In conducting its activities relating to the Project, the NFWF Recipient agrees to conduct all such activities in compliance with all applicable Federal, State, and local laws, regulations, and ordinances; to secure all appropriate necessary public or private permits and consents. A 7.2 The NFWF Recipient agrees to obtain and maintain all appropriate insurance against liability for injury to persons or property from any and all aCtivities undertaken by the NFWF Recipient and associated with this Award in any way. A7.3 The NFWF Recipient shall indemnify and hold harmless NFWF, its officers, directors, agents, and employees in respect of any and all claims, injuries, losses, diminution in value, damages, liabilities, whether or not currently due, and expenses (including without limitation, settlement costs and any legal or other expenses for investigating or defending any actions or threatened actions arising from or in connection with the Project, including but not limited to, environmental laws, regulations, orders and decrees of whatsoever character or nature and damage or injury to persons and property). A7.4 The terms of this Section will survive termination ofthis Agreement. Section A8. COMMUNICA nONS All notices, Requests for Payment and reports required or allowed to be given by this Award shall be by first-class mail (postage prepaid), facsimile (with telephone call required to confirm that fax has been received), or overnight mail delivery by a nationally known courier and addressed using the contact information provided in this Agreement. All notices, reports and Request for Payments may be sent bye-mail, but Final Financial and Programmatic Reports must be provided in hard copy as well. Each party agrees to notify the other within ten (10) days after the change in named representative, address, telephone, or other contact information. Section A9. PUBLICITY The NFWF Recipient agrees to give appropriate credit to the National Fish and Wildlife Foundation and those Federal, State or local agencies and/or private organizations identified as sources of funds in the letter of transmittal of this Agreement, if any, for their financial support in any and all press releases, publications, annual reports, video credits, dedications, and other public communications regarding this Agreement or any of the Project Deliverables associated with this Agreement. The NFWF Recipient gives NFWF the right and authority to publicize NFWF's financial support for this Agreement and the Project in press releases, publications and other public communications. - SP2 - Section AlO. DISCLAIMERS Payments made to the NFWF Recipient under this Agreement do not by direct reference or implication conveyNFWF's endorsement nor the endorsement by any other entity that provides funds to the NFWF Recipient through this Agreement, including the U.S. Government, for the Project. All information submitted for publication or other public releases of information regarding this Agreement shall carry the following disclaimer: "The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions or policies of the U.S. Government or the National Fish and Wildlife Foundation. Mention of trade names or commercial products does not constitute their endorsement by the U.S. Government or the National Fish and Wildlife Foundation." [RJ Section All. WEBSITE LINKS The NFWF Recipient agrees to permit NFWF to post a link on any or all ofNFWF's websites to any web sites created by the NFWF Recipient in connection with the Project. [RJ Section A12. EVALUATION The NFWF Recipient agrees to cooperate with NFWF by providing timely responses to all reasonable requests for information to assist in evaluating the accomplishments of the Project for a period of five (5) years after date on which the Final Financial and Programmatic Report are provided. D Section A13. DAVIS-BACON The NFWF Recipient shall be subject to the provisions of the Davis-Bacon Act (40 U.S.c. 276a to a-7) as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provision Applicable to Contracts Governing Federally Financed and Assisted Construction." [RJ Section A14. DEBARMENT AND SUSPENSIONS The NFWF Recipient shall enter into no contract using Federal funds provided by NFWF with any party listed on the General Services Administration's Lists of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with Executive Orders 12549 and 12689 (Debarment and Suspension). Section A15. FEDERAL FUNDS - FEDERAL REGULATIONS [RJ A15.1 If all or a part of the Award consists of Federal funds, the text box at the beginning of this Section should contain an X and, before proceeding with its Project, the NFWF Recipient must read and understand certain Federal regulations, including but not limited to, those identified below which may be located on the Internet at http://www.whitehouse.gov/omb/circulars/index.html. If a NFWF Recipient does not have access to the Internet, it should ask its NFWF Project Manager for copies. Many Federal agencies have agency-specific regulations that govern the issuance of awards and - SP3 - subawards with their funds; it is the obligation of the NFWF Recipient to review and comply with any such regulations issued by its Federal agency Funding Source(s). o A15.2 If the Grantee is a non-profit organization, it will need to understand and comply with (i) OMB Circular A-II 0 "Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations" and, (ii) depending on what kind of organization it is, either (a) OMB Circular A-21 "Cost Principles for Educational Institutions" or (b) OMB Circular A-122 "Cost Principles for Non-Profit Organizations," in addition to other applicable Federal regulations. [&J A15.3 If the Grantee is a State, Local or Tribal Government, it will need to understand and comply with OMB Circulars A-I02 "Grants and Cooperative Agreements with State and Local Governments" and A-87 "Cost Principles for State, Local, and Indian Tribal Governments," in addition to other applicable Federal regulations. [&J A15.4 If the NFWF Recipient is any type of organization and it receives an aggregate of$300,OOOor more from all Federal sources, it is subject to a special kind of audit as detailed in OMB Circular A-133 "Audits of States, Local Governments, and Non-Profit Organizations," which it will need to understand and comply with, in addition to other applicable Federal regulations. I X I A15.5 If one ofthe Funding Sources for the Award is the National Oceanographic and Atmospheric Administration, the Award also is subject to the Department of Commerce's Financial Assistance Standard Terms and Conditions, which may be located on the Internet at http://www.osec.doc.gov/oebamlstandards.htm. A16. FEDERAL NFWF RECIPIENT o If the NFWF Recipient is a Federal agency, the following Standard Provisions do NOT apply to it: A2.2, A6.1, A 7.2, and A7.3. - SP4 - "See Agenda Drawings # 11.7 - Technical .specifications and Contract Documents" 06/17/04 II.~ City Council ....~g.~..~.~..!J c.~.~~..~.....~.e~.!?.~.~.~.~..~..!!! PS\ Tracking Number: 615 Actual Date: 06/17/2004 Subject / Recommendation: Approve Change Order No.2 for the North Beach Drainage Improvements Project (02-0007-EN) to Keystone Excavators, Inc. of Oldsmar, Florida increasing the contract amount by $85,672.40 for a new contract total of $712,104.80 and approve a time extension of thirty-five (35) days, Summary: The original contract for the No. Beach Drainage Improvements was awarded by the City Council to Keystone Excavators, Inc. on September 17, 2003. Administrative Change Order NO.1 for $39,556.00 was approved by the City Manager on May 5, 2004. This work was created as a result of the extensive amount of restoration required due to the storm drainage work in the original contract. Change Order No.2 is needed to provide payment to the Contractor for additional curb and storm improvement work to be done at Baymont & Mandalay. This work will upgrade the existing system by increasing the pipe size, install new boxes, and regrade the curb elevations to improve drainage. Resolution 02-51 (Stormwater bond fund 357 projects) was passed on November 21, 2002; establishing the City's intent to reimburse certain Stormwater project costs incurred with future tax-exempt financing. The projects identified with 2004 revenue bonds as a funding source were included in the project list associated with Resolution 02-51. Sufficient budget for interim financing or funding with 2004 Stormwater Revenue Bond proceeds when issued is available in project 357-96124, Storm Pipe System Improvements, to fund this change order. Originating: Public Services Section Consent Agenda Category: Other Number of Hard Copies attached: 0 Public Hearing: No Financial Information: Type: Capital Expenditure Bid Required? No Bid Exceptions: Other Other Contract? Change Order NO.2 to original contract City Council <<.....<~~~!!"~~,f.~~~.!:.<.<<.~..~~moran~~.~..!!!..........."~ In Current Year Budget? Yes Appropriation Code(s) 357-96124-563700-539-000 Amount $85,672.40 Comments Review Approval Garv Johnson 05-21-2004 15:21:08 Garrv Brumback 06-03-2004 15:28: 11 Tina Wilson 05-24-2004 13:26:46 Bill Horne 06-05-2004 13:04:42 Cvndie Goudeau 06-07-2004 08:03:25 CHANGE ORDER #2 PROJECT: No. Beach Drainage Improvements CONTRACTOR: Keystone Excavators, Inc. 371 Scarlet Blvd. Oldsmar, Florida 34677 DATE: May 19, 2004 PROJECT NUMBER: 02-0007 -EN PO REFERENCE NO,: 699 37372 DATE OF CONTRACT: 11/03/2003 CODE: 375-96143-563700-539-000 (A) 315-92266-563700-541-000 (B) 357-96124-563700-539-000 (C) SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRAL'T See attached sheet for additional items and approve a thirty..five (35) day time extension for this project. STATEMENT OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT ADM. CHANGE ORDER #1 CHANGE ORDER #2 NEW CONTRACT AMOUNT $586,876.40 $39,556.00 $85,672.40 $712.104.80 Brian L. Aungst Mayor-Commissioner Bryan D. Ruff Assistant City Attorney ACCEPTED BY: KEYSTONE EXCAVATORS, INC. By: (Seal) Robert C. Fornwalt, Vice-President Date: Witnesses: ATTEST: Alice R. Eckman Cynthia E. Goudeau, City Clerk Date: CITY OF CLEARWATER, in PINELLAS COUNTY, FLORIDA William B. Horne, II City Manager Recommended By: City of Clearwater Gary A. Johnson, CGC Public Services Director Michael D. Quillen, P.E. City Engineer Page 2 of 2 Change Order #2 No. Beach Drainage Improvements Additional Items - Code - 357-96124-563700-539-000 (C) Baymont & Mandalay Curb/Storm Improvements ITEM DESCRIPTION QUANTITY UNIT COST TOTAL COST 130 11-01 Performance Bond/Insurance 1 L.S. $ 3,784.50 $3,784.50 131 11-01 A Survey Layout & As-builts by City 1 L.S. $ $0.00 132 11-02 Traffic Control 1 L.S. $ 3,905.00 $3,905.00 133 11-03 Demolition 540' Curb, 454' RCP, 2160 SF Sidewalk, 720 SY Paving 1 L.S. $ 14,309.00 $14,309.00 134 11-04 FDOT Type 3 Storm (curb) Inlet 3 EA $ 4,137.00 $12,411.00 135 11-0516" Ductile Iron Pipe (to seawall) 490 L.F. $ 42.00 $20,580.00 136 11-06 Existing Structure, Tie-in for new pipe 1 EA $ 894.00 $894.00 137 11-07 Connect to Existing Seawall 1 EA $ 2,803.00 $2,803.00 138 11-08 Convert Inlet Top to Manhole Top 1 EA $ 1,715.00 $1,715.00 139 11-09 Conflict Storm Manhole, 4'-6' deep (if needed) 1 EA $ 3,908.00 $3,908.00 140 11-10 Wellpoints (if needed) 500 LF $ 7.50 $3,750.00 141 11-11 Asphalt, 11/2" PC-3 300 SY $ 6.50 $1,950.00 142 11-128" Crushed Concrete Base 225 SY $ 14.50 $3,262.50 143 11-13 #57 Stone (Recycled Concrete) Bed Mat'l 50CY $ 30.00 $1,500.00 144 11-14 Erosion Control 1LS $ 2,712.00 $2,712.00 145 11-15 DEP water quality permit, testing and ten day waiting period, well point, rental 1 LS $ $0.00 146 11-16 Project sign 1 EA $ 400.00 $400.00 Sub-total $77,884,00 147 10% Contingency 1 LS $ 7,788.40 $7,788.40 Total $85,672.40 Previous Contract Amount $ 586,876.40 Adm. Change Order #1 $ 39,556.00 Change Order #2 $ 85,672.40 NEW TOTAL CONTRACT COST = $ 712,104.80 11.CJ City Council <~~<~<.~~~~~,~~.r,.".~~~"~.r~.~.~..~..~"... pU)(P Tracking Number: 638 Actual Date: 06/17/2004 Subject / Recommendation: Approve the Work Order to TBE Group, Inc. for professional services to prepare an update to the Floodplain Management Plan in the amount of $35,670.60 and authorize the appropriate officials to execute same. Summary: The City of Clearwater participates in the National Flood Insurance Program (NFIP) so that properties within the City are eligible for federally backed flood insurance. Additionally the City participates in the Community Rating System (CRS), which is a voluntary flood insurance rating system that seeks to: reduce flood losses; facilitate accurate insurance ratings; and promote the awareness of flood insurance. The CRS has 18 creditable activities in the areas of public information, mapping, flood damage reduction and flood preparedness that communities may pursue to achieve these goals. Communities accrue credit points based on the floodplain management activities pursued and are issued a rating. Based on the number of points the City of Clearwater has attained, it has a CRS rating of Class 7. This rating enables Clearwater property owners in the special flood hazard areas (SFHA) to receive a 15% discount on flood insurance premiums. Those areas outside of the SFHA receive a lower discount. The Insurance Services Office, Inc. (ISO) is required to conduct a cycle verification review every five years for Class 7 communities to ensure that all credited floodplain management activities are being implemented. The City had its most recent verification review in the Fall 2003. The ISO concluded that the City's Floodplain Management Plan does not meet the requirements of the current CRS Coordinator's Manual due to changes in the federal requirements. In order to continue to receive points for the Plan, it must be updated in compliance with Manual requirements. The Clearwater Planning Department originally intended to prepare this required update in-house. Due to recent staff losses, however, it is unable to perform this task, submit it to the City Council for review and approval and then to the ISO by October 1, 2004. The Department is requesting that the City Council approve a work order for professional services for TBE Group, Inc, an Engineer of Record,to prepare an updated Plan in compliance with CRS Manual requirements. The City has received a one-month extension for submitting the updated Plan to the ISO; therefore the updated document will be submitted to the City Council for review and approval in October and then submitted to the ISO prior to November 1, 2004. A third quarter budget amendment will transfer $35,670.60 from General Fund retained earnings increasing the Planning Department's FY 2004 operating budget for professional services (010-01420-530100-515-000) to fund this work order. A copy of the work order is on file in the Official Records and Legislative Services Department. Oriqinatinq: Planning Section Consent Agenda Cateqorv: Agreements/Contracts - with cost Number of Hard Copies attached: 0 Public Hearing: No Financial Information: City Council ~_~~~g"~",!:!~,!~L~~"~~r,~,~"!!!~~!:~"I!~~,m ~~'w ~ Other Bid Required? No Bid Exceptions: Other Other Contract? Engineer of Record In Current Year Budqet? No Budget Adjustment: Yes Budget Adjustment Comments: See Summary Total Cost: $35,670.60 Appropriation Code(s) 010-01420-530100-515-000 Amount $35,670.60 Comments Review Approval Cvndi TaraDani Bill Horne 05-26-2004 12:07: 12 06-07-2004 17:03: 15 05-26-2004 14:31:46 06-07-2004 10:23:54 06-07-2004 09:59:53 06-07-2004 16:26: 18 Cvndie Goudeau Leslie Douaall-Sides Garrv Brumback Tina Wilson ~'. PLD\o o " (( .Cl May 26, 2003 Ms. Gina Clayton Long Range Planning Manager City of Clearwater 100 South Myrtle Avenue, Suite 220 Clearwater, FL 33756 RE: Work Order Initiation Form City of Clearwater Planning Department Floodplain Management Plan Dear Ms. Clayton: TBE is pleased to submit an original Work Order Initiation Forms for the above project. TBE is committed to performing these services upon receipt of the City's approved purchase order. If you have any questions, please contact me at 727/531-3505. We look forward to working with you on this very important proj ect. Sincerely, TBE Group, Inc. Randy C. Kranjec, AICP Director of Planning Enc.2 cc: Steve Howarth, TBE Marc Mariano, TBE Page 1 of7 City Of Clearwater Planning Department TBE Group, Inc. (TBE) Work Order Initiation Form Date: May 26, 2004 TBE Project No.: City Project No.: 1. PROJECT TITLE: 2004 City of Clearwater Floodplain Management Plan 2. SCOPE OF WORK: An update to the City's 2000 Floodplain Management Plan shall be prepared in accordance to the guidelines of the NFIP/CRS Coordinators Manual (2002). To ensure that the maximum amount of CRS credit is received for the updated Floodplain Management Plan, the following ten-step planning process, developed by the National Flood Insurance Program (NFIP), in accordance with the FEMA Disaster Mitigation Act of 2000 (DMA2K), shall be implemented. Adherence to all of the bulleted items will aid in receiving up to the 294 points available for producing a Floodplain Management Plan compliant to the 2002 NFIP/CRS Coordinators Manual. 1. Organize to Prepare the Plan. . The plan shall be written by a Planner and under the direction and supervision the Planning Manager. . The planning process shall be conducted through a formal committee appointed by a resolution of the City Council. . The plan's preparation and the entities involved will be documented throughout the document. 2. Involve the Public (Residents, business owners, property owners and tenants in the floodplain). . Included members of the public on the formal committee appointed by the City Council, totaling at least one-half of the representatives. . The remainder of the committee members must include other stakeholders in the community, such as business leaders, civic groups, non-profit organizations and major employers. . Invite the public to comment during the planning process. Invitations will be mailed to all property owners located within the floodplain. . Arrange and conduct three public meetings held in areas previously affected by flooding episodes. These meetings will be in addition to the City Council meetings to approve the committee and the plan . Implement public information activities to explain the planning process through questionnaires and the scheduled public meetings. . Maintain all documentation from these meetings, i.e. notices, minutes etc. Page 2 on . TBE shall distribute questionnaires to 90% of the residents located within the floodplain areas to obtain additional public input to be used in the Plan. . Request written comments and recommendations from civic associations located within the floodplain areas to obtain additional public input to be used in the Plan. 3. Coordinate with Agencies . Contact neighboring communities, the state NFIP Coordinator, County and State Office of Emergency Management, SWFWMD and FEMA Regional Office IV to discuss any issues that may affect the update to the plan. . Send the draft plan to the above agencies for review, comments and recommendations. . Review existing studies, reports and technical information for the Clearwater area. . Conduct meetings with representatives of agencies and organizations to review common problems, development policies and mitigation strategies. 4. Assess the Hazard . Map all known flood hazard areas at a scale that shall fit the document and presentation needs (Floodplain shown on the FIRM maps, repetitive loss properties, areas not shown on the FIRM that have flooded in the past and surface flooding areas identified in existing studies). . Prepare a description of known flood hazards. . Prepare a discussion of past flood episodes that have occurred since the City has been participating in the CRS program. 5. Assess the Problem . Include an overall summary of the assessed hazards and its impact on the community. . Include a description of the impact that the identified hazards have on life, safety and health, and the need and procedures for warning and evacuating residents and visitors. . Provide a description of the impact that the identified hazards have on critical facilities. . Include the number and types of buildings subject to the identified hazards. . Include a review of all properties that have received flood insurance claims or an estimate of the potential dollar losses to vulnerable structures. . Include a description of natural and beneficial functions, such as wetlands, riparian areas, sensitive areas and habitat for rare or endangered species. . Include a description of development, redevelopment and population trends and a discussion of where development may occur in the future. · Provide a summary of the impact of each hazard on the community's economy and tax base. 6. Set Goals (Part of the Mitigation Strategy) I I I ~--- Page 3 of7 . Provide a statement of the goals of the floodplain management program. 7. Review Possible Alternative Activities (Part of the Mitigation Strategy) . Explore the possibility of preventive activities, such as zoning, stormwater management regulation, building codes, and open space preservation initiatives. . Include a review of property protection activities, such as acquisition, retrofitting and insurance. . Include a review of activities to protect the natural and beneficial functions of the floodplain, such as wetlands protection. . Provide an assessment of any existing emergency services activities, such as hazard warnings, sandbagging and critical facilities protection. . Include a review of any structural projects, such as reservoirs and channel modifications. . Assess the possibility of utilizing public information activities, such as outreach projects and environmental education programs to disseminate flood information to the public. 8. Include an Action Plan (Part of the Mitigation Strategy) . The action plan will include recommendations for mitigation activities that are specific to the available resources of the City of Clearwater. . Each recommendation will identify who does what, when it will be done and how it will be financed. 9. Adopt the plan . The final draft of the Plan will be provided to the Planning Department by Wednesday, September 27,2004. . TBE will present the plan for adoption by the City Council at the October 21, 2004 meeting. 10. Plan Maintenance . Procedures will be provided in the plan for monitoring, implementing, reviewing progress and recommending revisions to the plan in an annual evaluation report. The report must be submitted to the City Council, released to the media and made available to the public. 3, PROJECT GOALS: The project will provide an update to the City of Clearwater's Floodplain Management Plan that fulfills the requirements of the 2002 NFIP/CRS Coordinators Manual. Fulfillment of state and federal requirements will allow the City to retain its existing CRS class rating of seven, providing an insurance rate discount of 15% to its residents. 4. BUDGET: Not to exceed $35,670.60. 5. SCHEDULE: Work shall begin upon execution of this agreement. 6, TBE STAFF ASSIGNMENTS: Page 4 of? Steven P. Howarth, PE Principal in Charge/ Project Liaison Project Manager Planner Planner GIS Specialist Project Engineer 727/431-1545 727/431-1581 727/431-1612 727/431/1587 727/431-1691 352/754-4551 Randy Kranjec, AICP Marc Mariano Leslie Sykes, AICP Nathan Kerr Larry Flutey, PE 7. CORRESPONDENCE/REPORTING PROCEDURES: Correspondence shall be sent to Ms. Gina Clayton, Manager, Long Range Planning at 100 South Myrtle Avenue, 2nd Floor, Clearwater, Florida 33756. 8. INVOICING/FUNDING PROCEDURES: The fee shall be based on provision of payment computed by one of the following methods: l&l Method A - Costs times Multiplier . Planner (estimate) 5 hours/week x 16 weeks @$105.40perhour= $8,432.00 . Planner (estimate) 14 hours/week x 16 weeks @$72.00perhour= $16,128.00 . Planner (estimate) 3 hourslweek x 16 weeks @$83.70 per hour = $4,017.60 . Engineer/Scientist (I-II) (estimate) 2 hours/week x 16 weeks @$102.30 per hour = 3,273.80 . GIS Specialist (estimate) 3 hours/week x 16 weeks @$62.00 per hour = $2,976.00 . Administrative/Clerical (estimate) 1 hours/week x 16 weeks @$52.70 per hour = $843.20 Hours by Task Randy Marc Leslie Engineer GIS Admin Organize to Prepare 9 24 15 0 0 0 the Plan. Public Involvement 2 40 15 0 8 8 Coordinate with 0 15 0 0 0 8 Agencies Hazard Assessment 14 20 0 10 20 0 Problem Assessment 15 39 0 12 20 0 Mitigation Strategy 15 20 0 10 0 0 Review possible 8 24 8 0 0 0 activities Draft an action plan 10 20 10 0 0 0 Adopt the plan 2 2 0 0 0 0 Plan Maintenance 5 20 0 0 0 0 Total 80 224 48 32 48 16 Page 5 of7 Invoices are to be mailed to the attention of Ms. Gina Clayton, Long Range Planning Manager, City of Clearwater Planning Department, 100 South Myrtle Avenue, Clearwater, FL 33756. As indicated by the below schedule, payment will be initiated upon the completion or commencement ofthe specified scope items. Payment Schedule By Scope Item Payment Item Number 1 1,3,4 and a portion of5 2 6 and a portion of 2, 5 & 7 3 8,9& 10 and a portion of2 & 7 City Invoicing Code: 9, SPECIAL CONSIDERATIONS: TBE shall submit an invoice to the City's Project Manager for the direct, bulk mailing cost of the two items listed within the Public Involvement section which will require distribution. 10, DELIVERABLES: . Three (3) copies of the draft Plan, by no later than Wednesday, September 15, 2004. . Fifteen (15) copies of the final revised Plan, by no later than Monday, September 27, 2004 for distribution at the Thursday, October 21, 2004 City Council meeting. . The draft and final revised Plan shall also be delivered in Microsoft Word 2000, and any maps not included in the document shall be converted to Adobe Portable Document Format (PDF). . Final maps and map data shall be provided to the Planning Department in .mxd and .shp file format, created in ArcView 8.3. 11, QA/QC: Randy Kranjec, AICP, will review all work submitted to the City for this project. Page 6 of7 PREPARED BY: TBE: Randy C. Kranjec, AICP Director of Planning ACCEPTED BY: CITY: Cyndi Tarapani, AICP Director of Planning Page 7 of7 Date: Date: Il.jD City Council Cover Memorandum Trackinq Number: 669 Actual Date: 06/17/2004 Subject / Recommendation: Appoint Joyce Gibbs to the Brownfields Advisory Board as agency representative with the term to expire on May 31, 2008. Originatinq: Official Rec and Legislative Svc Section Consent Agenda Cateqorv: Other Number of Hard CODies attached: 0 Public Hearinq: No Financial Information: ~ Other o Appointment Worksheet For Council Meeting: 06/17/2004 Agenda Number: 2,424 1l.IO OQLS 3 l.L. o >- .... Brownfields Advisory Board TERM: 4 years APPOINTED BY: City Council RESIDENCY REQUIREMENT Special Qualifications FINANCIAL DISCLOSURE: Not Required STAFF LIAISON: Diane Hufford/Economic Development MEMBERS: 9 CHAIRPERSON Brian Flaherty MEETING DATES: As Called MEETING PLACE: Determined When Called APPTS. NEEDED: 1 SPECIAL QUALIFICATIONS Three members will be Clearwater residents who live within or adjacent to the Brownfields Area; Three members will be owners or representatives of businesses operating in the Brownfields area and need not be residents of Clearwater; Three members will be representatives of federal or state agencies or local governments involved with the Brownfields remediation process within Pinellas County and need not be Clearwater residents. THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHE REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. Term Expires: 05/31/2008 Name Stephen Fowler (2nd Term) Appointment Date Attendance Record 06/04/1998 Reappointment? No THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES Name-Address Comments - Related Experience. Etc. Joyce Gibbs Environmental Science 1343 Whispering Pines Drive, 33764 RECEIVED CITY OF CLEARWATER MAY 13 2004. CLEARWATER BROWNFIELDS ADVISORY BOARD OFFICIAL RECORDS AND LEGISlATIVE SRVCS DEPT Name: JovceGibbs Home Address: 1343 Whisperina Pines Drive Clearwater Zip 33764 Office Address: 14010 Roosevelt Blvd., Suite 704 . Clearwater Zip 33762 Telephone: 727/464-7319 Telephone: 727/536-5347 How long a resident of Clearwater? 17 years Occupation: environmental science Field of Education: B.A. Natural Science M.A. Public Administration If retired, former occupation: NA Community Activities: former Pinellas County Schools volunteer, activities included mentorina and School.Advisory Committee chair Employer: Pinellas County BCC Other Work Experience: Other Interests: libraries, freshwater sprinas, community health Board Service (current and past): Board Preference: none Brownfields Additional Comments: Signed: ~'^-- ~ c...:tI0 Category Applying For: ( X ) Agency involved in Brownfields redevelopment ( ) Business .Owner ( must own a business within the Designated brownfield Area) ( ) Resident (must be a resident within or adjacent to the Designated Brownfield Area) Date: S- / f .:t It} '-I I f Financial Disclosure may be required at the time of appointment. PLEASE RETURN THIS FORM TO: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 Printed on recycled paper BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? It is mv understanding that the City Brownfields Advisorv Board's purpose is to provide community input to the Commission on local Brownfield projects. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? Yes 3. What background andlor qualifications do you have that you feel would qualify you to serve on this Board? I have over twenty five years experience workina in the environmental field. This experience includes remediation of contaminated sites plus redevelopment of industrial . and non-industrial properties. 4. Why do you want to serve on this Board? I would eniov assistina the City of Clearwater in their redevelopment efforts. Name: Joyce Gibbs Board Name: Brownfield Advisory Board II . ( I City Council ....m..m~g.~.!ld!,.~.~~,~,.~.~~.Q~!~!t~m!!!'n CAY Tracking Number: 632 Actual Date: 06/17/2004 Subject / Recommendation: Authorize the City Attorney to retain Rogers Towers as outside counsel in U.S. Supreme Court proceedings in the case of Granite State Outdoor Advertising v. City of Clearwater, in the total estimated amount of up to $80,000. Summary: The City was involved in litigation alleging that the City's actions in denying billboard permits to Granite State were unlawful and that the City's sign ordinance is invalid. The City obtained partial Summary Judgment in its favor in this case. Granite State Outdoor Advertising appealed the court's order to the 11th Circuit Court of Appeals. The City again prevailed in the 11th Circuit. Granite State has filed a Petition for Writ of Certiorari in the United States Supreme Court. Preliminary requirements include a jurisdictional brief from the City to determine whether the Supreme Court will accept the case. Outside counsel has estimated a cost of approximately $20,000 for this stage. If the Supreme Court accepts the case, this will require further briefs and oral argument, and costs will increase by approximately $60,000 for a total of $80,000. Originating: City Attorney Section Consent Agenda Category: Agreements/Contracts - with cost Number of Hard Copies attached: 0 Public Hearing: No Financial Information: Type: Operating Expenditure Bid Required? No Bid Exceotions: Sole Source In Current Year Budget? Yes Budget Adjustment: No City Council ...........~.g.~.!:!..~~~~.~.~..~.~....~em~.~.~...!:!.~.!!..~...~~...... Current Year Cost: $80,000.00 For Fiscal Year: 10/01/2003 to 09/30/2004 Appropriation Code(s) 010-09600-530100-514-000 Amount $80,000.00 Comments Review Approval Pam Akin 05-25-2004 15:59:52 Cvndie Goudeau 06-03-2004 14:54:42 Tina Wilson 05-27-2004 10:03:55 \ \.\ ~ City Council em I ",",""_,,""..~".~AgE!!lda C~yer. Mem.~ran_~um _,<_.~~~..~~~_.._~. Tracking Number: 618 Actual Date: 06/17/2004 Subject / Recommendation: Approve the request from the Pelican Walk Parking Garage developer for an extension of time to initiate construction of the project and approve extending the construction deadline for commencement of construction of the Pelican Walk parking garage, from August 26, 2004 until March 31, 2005 and necessary contract amendments to implement the extension. Summary: On July 17, 2003 , the City Council approved a contract with B.J.E., Inc. (Pelican Walk) to construct a 300 space parking garage open to the public on a "first come, first serve" basis for a period of 30 years. The City agreed to provide Pelican Walk a grant of 1.4 million dollars to assist in the development of the garage and to guarantee public access to the garage. This action occurred after several years of analysis and negotiation for additional north beach public parking. The contract required the design of the garage be of high quality similiar to garages in Centro Ybor and Channelside. The contract was executed on August 26, 2003 and Pelican Walk had one year to initiate construction of the project. On November 20, 2003, Assistant City Manager Ralph Stone sent correspondence to Pelican Walk expressing concern about the time frame remaining to start construction of the project by August 26, 2004. The contract with Pelican Walk requires Pelican Walk to provide all designs to the City's Owner's Representative for review of the exterior design and functional design of the garage. A separate site plan review is also required through the Development Review Committee (DRe) and Community Development Board (CDB). The site plan application was submitted to the Planning Department on February 27, 2004 and was reviewed by the DRC on April 1, 2004. Both the DRC and the City's Owner's Representative indicated that the design of the project did not meet the requirements of the contract, Beach By Design, standards within the Code, or functional concerns expressed by the City's Owner's Representative. As a result, Pelican Walk concluded that the August 26, 2004 deadline to start construction would not be possible and on May 4, 2004 formally requested the City to consider a six month extension of the contract. If approved, this would extend the date to start construction to February 26, 2005. Subsequent to this request staff met with the Pelican Walk owner on May 19th and 20th, at which time the Pelican Walk owner indicated a desire to add 37 condominium units to the project. Planning has previously advised the owner that this amount of unused development potential remains on the site. Specific confirmation of the available development potential will be determined by the Planning Department based on data provided by the developer during the site plan review process. Staff does not object to this proposal and feels that this would serve to allow the property owner additional revenue to support the upgraded design required for the parking garage. All parking spaces associated with the condominium units would be required in addition to the 300 spaces in the public portion of the garage. This modification will require amendment and resubmittal of the owner's site plan and therefore will extend the timeframe necessary to initiate construction. City staff has proposed a construction deadline of March 31, 2005 and the Pelican Walk owner has agreed to that date. Administration believes that this project remains an appropriate investment in public parking in the Mandalay Avenue retail corridor and would provide additional parking for beach patrons. However, if Pelican Walk does not meet its obligations, the City would explore additional options for north beach parking. Several opportunities may be available to joint venture with other private interests in the near future. If Pelican Walk does not perform, staff would want to evaluate alternative opportunities as soon as possible. City Council A.,genda Cover Memorandum Orioinating: City Manager Section Other items on City Manager Reports Category: Agreements/Contracts - without cost Financial Information: Review Approval Raloh Stone 05-26-2004 14:26:47 Garrv Brumback 06-04-2004 09:57:38 Pam Akin 05-27-2004 09:45:50 Bill Horne 06-05-2004 12:49:58 Cyndie Goudeau 06-07-2004 08: 15: 18 Legal has reviewed this request and finds that several amendments to the agreement are necessary. In addition to the adjustment for the new construction deadline, there is an amendment that eliminates the option for an additional two levels of parking. Clearly, the new option of residential development above the parking garage precludes the future addition of any new floors of parking. This provision was originally included at the request of the Pelican Walk owner and staff does not have an objection to eliminating this option. These changes to the contract have been proposed to the Pelican Walk owner and he has signed the contract. The contract is attached for your review. Therefore, Administration RECOMMENDS that the City Council APPROVE an extension of the deadline for construction of a 300 space public parking garage from August 26,2004 to March 31,2005. ~: Ci\;ll II. I d- This First Amendment to the Agreement for Grant dated August 26, 2003 (the "Agreement") is made as of this _ day of 2004, by and between THE CITY OF CLEARWATER, FLORIDA, a municipal corporation and political subdivision of the State of Florida (the "City"), and B. J. E., Inc. ("Pelican Walk"), WITNESSETH: WHEREAS Pelican Walk is the owner of certain real property on Clearwater Beach popularly known as the Pelican Walk Shopping Center; WHEREAS, Pelican Walk proposed, as an alternative to a publicly owned and operated parking garage, that Pelican Walk construct a garage and make parking in the garage available to the public, including the tenants and invitees of the Pelican Walk Shopping Center, on an equal, first come, first served basis for the useful life of the garage; WHEREAS, the City of Clearwater agreed to make a grant to Pelican Walk in the amount of one million and four hundred thousand dollars ($1,400,000.00) in consideration for Pelican Walk's construction and operation of an off-street parking garage open to the public, including the tenants and invitees of the Pelican Walk Shopping Center, on an equal, first come, first served basis; WHEREAS, Pelican Walk has requested an extension of time to initiate construction of the Pelican Walk parking garage, from August 26, 2004 until March 31, 2005; WHEREAS, Pelican Walk has indicated a desire to add residential condominium units to the project, which requires an amendment to eliminate the option for an additional two levels of parking if construction of said residential condominium units is approved ("Condominium Project"); WHEREAS, at a duly called public meeting on the 17th day of June, 2004, the City Commission approved this First Amendment, and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, the Board of Directors ofB. J. E., Inc. has approved this 1st Amendment to the Agreement and has authorized certain individuals to execute this Amendment on its behalf. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereby agree as follows: Section 1, Section 2.02 a. is hereby amended to read as follows: 2.02 Proposed Parking Garage. First Amendment to Pelican Walk Parking Garage Development Agreement 10f6 Section 2, a. Description. Pelican Walk proposes to develop a parking garage containing at least three hundred (300) off street parking spaces on the Parking Garage Site. Provided the Condominium Project proceeds, the Parking Garage will NOT be designed and constructed in a manner which will allow the subsequent addition of at least two (2) additional floors of parking, otherwise it shall. The Proiect may include residential units subiect to approval pursuant to the Land Development Code. All of the parking spaces in the Parking Garage will be open to the public, including the invitees of the Pelican Walk Shopping Center, on an equal, first come, first served basis. Notwithstanding the foregoing, to the extent that the Parking Garage contains more than 300 spaces, Pelican Walk may dedicate and reserve the excess parking spaces for the Condominium Proiect. However in no event shall the Parking Garage contain fewer than 300 parking spaces open to the public, including the invitees of the Pelican Walk Shopping Center, on an equal, first come, first served basis. Section 5.03 a. is hereby amended to read as follows: 5.03 Construction of the Project. Section 3. a. Commencement. Pelican Walk shall commence construction of the Parking Garage in accordance with the Plans and Specifications for the Parking Garage within tv/dye (12) months after the Effective Date on or before March 31, 2005 and shall thereafter diligently pursue construction to completion within thirty-six (36) months of the Effective Date. Section 6.02 a. is hereby amended to read as follows: 6,02 Payment of the Grant in Aid. The City agrees to pay the grant in aid to Pelican Walk, in accordance with the following: Section 4. a. Upon completion of the construction plans for the Parking Garage and the issuance of a building permit by the City, the City shall reimburse Pelican Walk for the actual cost of preparing the schematic, preliminary, and final construction plans in an amount not to exceed fifteen percent (15%) of the total Parking Garage project budget. Section 6.04 is hereby amended to read as follows: 6,04 Construction of Additional Off-Street Parking Spaces in the Immediate Vicinity, The City understands and agrees that as a party to this Agreement, Pelican Walk assumes certain financial risks which may be adversely affected by the construction of additional off-street parking spaces in the immediate vicinity of the Parking Garage Site. In consideration thereof, and provided the Condominium Project does not proceed (and ifit does proceed, this entire section 6.04 shall be of no force or effect) the City agrees that in First Amendment to Pelican Walk Parking Garage Development Agreement 20f6 I the event the City determines, within five (5) years after the issuance of a final certificate of occupancy for the Parking Garage, that additional off-street City owned or financially supported parking spaces open to the public located within one thousand (1,000) feet of any portion of the Parking Garage Site are necessary and appropriate, the City agrees the City will provide Pelican Walk with written notice of its determination, and that in that event: a. Pelican Walk shall have a first right to construct an additional two hundred (200) off-street parking spaces to meet the need for additional off-street parking spaces which the City has determined are necessary and appropriate, provided that such additional off-street parking spaces are open to the public on an equal, first come, first served basis subject to the terms of this Agreement as provided in section 13.13. b. In the event that Pelican Walk opts to exercise its first right to construct at least two hundred (200) additional off-street parking spaces, Pelican Walk shall give the City written notice of its intent within thirty (30) days after receipt of the City's written notice of the City's determination that additional spaces are necessary and appropriate. c. In the event that Pelican Walk gives the City notice of its intent to construct at least two hundred (200) additional off-street parking spaces, Pelican Walk shall commence construction of the additional spaces within six (6) months of the date of Pelican Walk's written notice. d. In the event that Pelican Walk gives the City notice of its intent to construct at least two hundred (200) additional off-street parking spaces, Pelican Walk shall be solely responsible for the cost of construction of the additional parking spaces. e. In the event that Pelican Walk exercises its first right to construct at least two hundred (200) additional off-street parking spaces, the City agrees that the City will not use or cause to be used, public funds for the construction of any additional off-street parking spaces within one thousand (1,000) feet of any portion of the Parking Garage Site for a period of five (5) years from the date of Certificate of Occupancy of the additional spaces or until Pelican Walk shall have achieved a Stabilized Occupancy for the total number of off-street parking spaces in the expanded Parking Garage, so long as the additional parking spaces are open to the public on an equal first come, first served basis. For the purposes of this subsection, Stabilized Occupancy shall mean that sixty-five percent (65%) of the total number of parking spaces in the Parking Garage (after the construction of the additional parking spaces) are occupied on an average of four (4) hours of per day, three hundred and sixty five (365) days per year: OSTAB = K OAYG = Stabilized Occupancy Number of Parking Spaces Average Percent of Parking Spaces Occupied (65%) First Amendment to Pelican Walk Parking Garage Development Agreement 30f6 Section 5. HAVG Average Number of Hours Occupied per Day (4) OSTAB =(OAVG)(HAVG)(K)(DA YS) OSTAB =(.65)(4)(K)(365) f. Pelican Walk will conduct and submit to the City sworn affidavits of annual audits of occupancy including all spaces occupied whether by pay parking or by validation based on an initial date of Certificate of Occupancy of either the first or second phase of construction until stabilized occupancy is achieved or the applicable timeframe has expired. g. In the event that Pelican Walk opts not to exercise its first right to construct at least two hundred (200) additional off-street parking spaces, the City shall be free to construct additional off-street parking spaces within one thousand (1,000) feet of any portion of the Parking Garage Site without regard to the level of occupancy achieved by Pelican Walk. h. Notwithstanding any other provision of this Agreement, including the provisions of this subsection 6.04, the City and Pelican Walk understand and agree that the City shall retain the right to construct or fund additional off-street parking spaces within one thousand (1,000) feet of any portion of the Parking Garage Site, if the City determines that such off-street parking is a necessary element of a proposed Destination Resort development undertaken in accordance with the provisions of Beach by Design. Section 10.01 is amended to read as follows: 10.01 Failure of Pelican Walk to Commence Construction of the Parking Garage. In the event that Pelican Walk shall fail to commence construction of the Parking Garage on or before March 31, 2005 within twelve (12) months after the Effecti'.'e Date of this L^...greement, the City shall have the right to give Pelican Walk written notice that this Agreement has terminated and shall be of no further force and effect. In the event that the City shall have reimbursed Pelican Walk for the preparation of schematic, preliminary and final construction plans for the proposed Parking Garage, at the City's option: 1) Pelican Walk shall repay the City all Money paid to Pelican Walk; or 2) all designs, drawings and other documents and the intellectual property they constitute shall become the property of the City. Section 6, Effective Date. This amendment shall be effective upon execution. First Amendment to Pelican Walk Parking Garage Development Agreement 40f6 IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affixed as ofthis _ day of , 2004. Countersigned: CITY OF CLEARWATER, FLORIDA Brian J. Aungst Mayor By: William B. Home II City Manager Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk STATE OF FLORIDA COUNTY OF PINELLAS ) ) The foregoing instrument was acknowledged before me this day of 2004, by BRIAN J. AUNGST, Mayor ofthe City of Clearwater, who is personally known to me. Print/Type Name: Notary Public STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this day of 2004, by WILLIAM B. HORNE II, City Manager ofthe City of Clearwater, who is personally known to me. Print/Type Name: Notary Public First Amendment to Pelican Walk Parking Garage Development Agreement 50f6 B,J.E., INC. By: ~~ Elias Anastasopoulos President ~ STATE OF FLORIDA ) COUNTY OF PINELLAS ) j( ,hA,'I\~ way The foregoing instrument was acknowledged before me this ~ day ~a~l2003, by Elias Anastasopoulos, President ofB.J.E., Inc., a Florida corporation, on behalf ofB.J.E., Inc. G~~~~ Pnnt/Type' ame: .> Notary Public "'"P ., J C 1 "'~~Y'~~//'" atncla . ee en L~~'~:-== COffi!llission #DD280305 -;'~'. ~':i: ExpIres: Feb 15, 2008 "'~'t OF f\.~", Bonded Ibm ",,,"\\ Atlantic Bonding Co., Inc. First Amendment to Pelican Walk Parking Garage Development Agreement 6 of6 II, 13 City Council "",,_q~!l!,nda C;;,OV_!..L,~!.~!!,!!"um _w_,__"~~,,_~_,_w~,,~,,_'_______$_~ Trackinq Number: 666 Actual Date: 06/17/2004 Subiect / Recommendation: Authorize the City Attorney to appeal final judgment in the case of School Board of Pinellas County v. City of Clearwater. Summary: The City of Clearwater established a stormwater utility in 1991, and thereafter began billing property owners within the City for collection and treatment of stormwater. After a court ruling invalidated the City of St. Petersburg's stormwater utility fee as to the Pinellas County School Board and St. Petersburg Junior College, those entities filed a suit for Declaratory Judgment and Damages against the City of Clearwater on November 9, 1999. That suit sought to invalidate Clearwater's utility fee as applied to the school board and college and to obtain reimbursement of fees already paid. The City settled the case as to St. Petersburg Junior College. On June 10, 2004, a judgment in the amount of $333,102.68 (reimbursement of fees paid plus interest) was awarded to the Pinellas County School Board. Because of recent court decisions, the City Attorney believes this judgment contains error and seeks authorization to appeal this judgment to the Second District Court of Appeals. Originating: City Attorney Section Consent Agenda Cateqorv: Other Public Hearinq: No Financial Information: ~ Other Bid Required? No Bid Exceptions: Less than $2,500 In Current Year Budqet? Yes Budget Adjustment: No Current Year Cost: $250.00 For Fiscal Year: City Council _" ~JI!n~CClY~,L.~.~~oran~lI,!!!.~w,_"~____,,,,____,, 10/01/2003 to 09/30/2004 Total Cost: $250.00 ApDrODriation Code(s) 010-09600-530300-514-000 Review Approval Pam Akin Sue Diana Amount $250.00 Comments Filing fees 06-15-2004 12:49:45 06-15-2004 13:42:49 II.IY - 11./7 Purchasing Memorandum City C::Juncil 06117/2 04 Agenda Number: 2424 PuR I-L\ Agenda Item No: II 1 Purchase Type: Quantity: Requesting Dept: Solid Waste/General Services Using Dept: PublIc Utilities Bid Number or Code Exception: 2.564 (I )(d) - Fla DOT Contract 384 Vendorlnfo: Description: Comments: Amount: $ 189,667.50 Southern Sewer EqUIpment. Fort Pierce, Florida 2004 Sterling L 750 I cab and chassis with Vac-Con sewer cleaner body. In-kmd replacement for G 1576. Lease purchase financing Appropriation Code(s): 315-94234-564100-519-000 Comments: ProJect code Debt service Principal - 566-06612-571300-582-000 Interest - 566-06612-572300-519-000 2 Agenda Item No: 11.2 Purchase Type: Quantity: Requesting Dept: Solid Waste/General ServIces Using Dept: Parks and Recreation Bid Number or Code Exception: Sec. 2.564 (I )(d) - FI St Cont 760-001-03 Vendo.-lnfo: Description: Comments: Amount: $ 145.42100 Ringhaver EquIpment Co, Rlverview, Florida 2004 Caterpillar 950G wheel loader with attachments Replacement for G519. Lease purchase financll1g Appropriation Code(s): 315-94234-564100-519-000 Comments: ProJect code Debt service PnnClpal - 566-06612-571300-582-000 lnterest - 566-06612-572300-519-000 Purchasing Memorandum City Council 06/17/2 04 P"'Jenda Number: 24 4 3 Agenda Item No: 114 Purchase Type: Quantity: Requesting Dept: Fire and Rescue Depaltment Using Dept: Fire and Rescue Depattment Bid Number or Code Exception: 2.564 (I )(b) - Sole source Vendo.-lnfo: Description: Comments: Amount: $ 166,1 5800 Motorola - Suncoast Communications & Electrolllcs, Inc, Saint Petersburg, Florida 15 each XL T5000 W9 mobile communications units installed and 24 each XTS 5000 portable radios with chargers. RadiO equipment that will be util ized throughout the city by Fire Department personnel All equipment must be compatable with and must be programmed to the Pinellas County System Lease purchase fll1ancing Appropriation Code(s): 315-91249-552500-522-000 Comments: ProJect code Debt service Prin. & Int. - 010-01240-591600-581-000 4 Agenda Item No: 11.3 Type: Quantity: Requesting Dept: Solid Waste/General Services lfsing Dept: Solid Waste/General SerVIces ServIce contract Bid Number or Code Exception: City of Clearwater RFP Vendorlnfo: Description: Comments: Amount: $ 500,00000 ~vIlA-Corn Pnvate RadIO Systems, Lynchburg, Virginia 1\1aintenance of the city radio system during the contract period Julv 1,2004 through September 30, 2006. Year:; and 4 of a 20 year contract approved by the City C ouncJ! on J ulle 20, 2002. Appropriation Code(s): 566-06620-530300-519-000 Comments: None City Council .......,,@@ ~g.~~ d~,....~.~.~~..~.....~.~.!!!..~..~.!..-:!.!!..~..!!! BUI Tracking Number: 604 Actual Date: 06/17/2004 Subject / Recommendation: Pass on first reading Ordinance #7308-04 and #7309-04 to amend the City's FY 2003/2004 Operating and Capital Improvement Program (CIP) budgets at mid-year. Summary: The 2003/04 budgets for operations and capital improvement projects were adopted in September 2003 by Ordinances #7188-03 and 7189-03. In accordance with the City Code of Ordinances a review of the City's financial operation was performed at the end of the second fiscal quarter. That reviewed determined that amendments were needed to the budgets due to unforeseen circumstances that have arisen during the year. A cover memorandum and more detailed information are provided as exhibits accompanying these ordinances. Originating: Budget Office Section Other items on City Manager Reports Category: Other Public Hearing: No Financial Information: ~ Other Bid Required? No Bid Exceptions: Other Other Contract? Not applicable. Ordinances amend budgets and do not purchase goods or services. In Current Year Budget? Yes Budget Adjustment: Yes Budget Adjustment Comments: Amend operating and capital budgets at mid-year 2004 after Council approval. Review Approval Tina Wilson 06-03-2004 10:41:58 } ~. I Bill Horne Cvndie Goudeau Garry Brumback City Council . . ...~gc~!!.!!.!......~OV"~.~......~..~.!!!..~..~!..-:!!!..~..!!!....."....~..,,"" 06-05-2004 12:51:53 06-07-2004 08: 13: 19 06-04-2004 09:15:10 Mid Year Budget Review Fiscal 2003-04 City Manager's Transmittal Letter ~: eU{ (0 ~ I'd I I Memorandum TO: Mayor and City Council FROM: Bill Home, City Manager COPIES: Garry Brumback, Assistant City Manager Ralph Stone, Assistant City Manager Department Directors SUBJECT: Mid Year Budget Review - Amended City Manager's Annual Budget Report DATE: June 1,2004 Attached is the Mid Year Budget Review in accordance with the City Code of Ordinances. The report is based on six months of activity (October, 2003 through March, 2004) in this fiscal year. The report comments on major variances, as well as documents all proposed amendments. Significant Fund amendments are outlined below: General Fund General Fund revenues and expenditure amendments reflect a net increase of $30,000. The increase reflects the funding of $20,000 from unappropriated retained earnings to support the All-American City Award delegation and a $10,000 revenue increase in estimated sales collections at Pier 60. Other major revenue amendments reflect a net decrease of $470,000 in the Telecommunications/Sales tax category due to slower than anticipated collections of telecommunications tax. The receipts for telecommunications tax are slower than even our last fiscal year. But, offsetting this decrease, is an estimated increase of $300,000 in building permit revenue due to strong construction and reconstruction efforts throughout the City, as well as an increase of $170,000 in State Revenue Sharing due to stronger estimates provided by the State of Florida. General Fund Reserves - In order to ensure adequate reserves, the City Council's policy reflects that General Fund unappropriated retained earnings of 8.5% of the City's budgeted General Fund expenditures must be maintained as a reserve to guard against future emergencies. With the closing of the year-end 2003 books, and the allocation of reserves noted above, estimated General Fund reserves at mid year are approximately $11.5 million, or 11.6% of the current year's General Fund budget, exceeding our reserve policy by almost $3.1 million. Mid Year Budget Review Fiscal 2003-04 City Manager's Transmittal Letter Significant amendments to other City Operating Funds are noted follows. Gas Fund The Gas Fund reflects a net budget increase of $2,480,650 due to the increased cost of fuel due to price and volume sales. This is offset by an increase of revenues in the amount of $2,736,400 primarily due to increased gas sales. Solid Waste Fund Solid Waste revenues reflect a $128,500 increase in operating revenues at mid year primarily due to increased roll off and dumpster activity. Related program expenditures are expected to increase by $120,000 which is easily offset by the anticipated increase in revenues. Recvclin2 Fund Recycling Fund revenues reflect a $42,200 increase in operating revenues and a $41,370 increase in anticipated expenditures at mid year primarily due to increased recycling activity and the resulting sales and cost of inventory. Capital Improvement Fund The amendments to the Capital Improvement Fund total a net budget decrease of $2,212,117. The primary reason for this decrease is the $1,433,000 decrease in the Main Library project to bring budgeted revenue from the Library Foundation in line with current receipts. Future funds received by the Foundation will be recognized in the project as received. In addition, several projects are closed at mid year, including the Sand Key Fire Station project. The only significant budget amendment not previously approved by the Council reflects the recognition of a grant from HUD in the amount of$114,110 for the Coronado/South Gulfview Streetscape project. A list of capital improvement project budget increases that have been previously approved by the City Council is included on page 16 of this report. Special Proe:ram Fund The Special Program Fund reflects a net budget increase of $1,215,474. Budget amendments reflect increases in public safety program projects totaling $124,874, predominantly reflecting amendments recognizing revenues received from court forfeiture fees. Community Development Block Grant projects recognize new funding in the amount of $535,095 representing program income recovered in prior years and allocated to Infill Housing and Housing Rehab projects. In addition, other significant project budget increases recognize $237,876 in Special Event Income and $133,475 in police outside duty revenues. CITY OF CLEARWATER MID YEAR SUMMARY 2003/04 FY 03/04 First Adopted Quarter Mid Year Mid Year Mid Year Amended Description Budget Amended Projected Actual Variance % Adjustment Budget General Fund: Revenues 99,207,930 99,956,650 59,031,368 57,311,609 -1,719,759 -3% 30,000 99,986,650 Expenditures 99,207,930 99,956,650 54,930,098 52,058,859 2,871,239 5% 30,000 99,986,650 Utilitv Funds: Water & Sewer Fund Revenues 49,174,000 59,245,740 24,866,532 22,013,399 -2,853,133 -11% 0 59,245,740 Expenditures 46,061,120 54,609,530 32,373,960 30,634,819 1,739,141 5% -134,640 54,474,890 Stormwater Fund Revenues 9,765,770 9,765,770 4,882,884 4,797,356 -85,528 -2% 0 9,765,770 Expenditures 7,840,940 7,840,940 4,001,581 3,728,831 272,750 7% 0 7,840,940 Gas Fund Revenues 30,042,460 30,039,460 15,180,146 17,917,905 2,737,759 18% 2,736,400 32,775,860 Expenditures 28,912,550 28,962,760 16,059,846 16,906,852 -847,006 -5% 2,480,650 31,443,410 Solid Waste Fund Revenues 16,384,500 16,434,500 8,242,250 8,437,387 195,137 2% 128,500 16,563,000 Expenditures 16,184,650 16,234,330 8,457,702 8,183,601 274,101 3% 120,000 16,354,330 Recvclino Fund Revenues 2,390,200 2,425,200 1,230,175 1,329,017 98,842 8% 42,200 2,467,400 Expenditures 2,317,000 2,352,000 1,270,026 1,209,023 61,003 5% 41,370 2,393,370 Enterprise Funds: Marine & Aviation Fund Revenues 3,260,770 3,334,380 1,567,992 1 ,525,484 -42,508 -3% 66,300 3,400,680 Expenditures 3,186,240 3,186,240 1,609,646 1,584,299 25,347 2% 0 3,186,240 Parkino Fund Revenues 4,490,260 4,490,260 1,741,376 2,089,865 348,489 20% 0 4,490,260 Expenditures 3,923,940 4,128,940 2,362,507 1,866,367 496,140 21% 0 4,128,940 Harborview Center Revenues 1,844,850 2,130,980 1,354,166 1,417,147 62,981 5% 960 2,131,940 Expenditures 1,844,850 1,930,220 1,117,087 1,115,630 1,457 0% 960 1,931,180 Internal Service Funds: General Services Fund Revenues 3,445,080 3,445,080 1,694,532 1 ,725,956 31,424 2% 0 3,445,080 Expenditures 3,444,720 3,444,720 1,792,141 1,570,655 221,486 12% 0 3,444,720 Administrative Services Revenues 8,492,560 8,492,560 4,246,290 4,151,806 -94,484 -2% 0 8,492,560 Expenditures 8,435,890 8,435,890 4,373,208 3,897,161 476,047 11% 0 8,435,890 Garaoe Fund Revenues 9,484,630 9,901,920 4,883,476 5,119,582 236,106 5% 35,000 9,936,920 Expenditures 9,480,730 9,584,880 5,005,251 4,661,330 343,921 7% 35,000 9,619,880 Central Insurance Fund Revenues 16,881,260 17,383,260 8,738,726 8,810,968 72,242 1% 0 17,383,260 Expenditures 15,694,4 70 16,194,470 7,368,484 6,627,524 740,960 10% 0 16,194,470 MID YEAR REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2003-04 REPORT PAGE # General Fund Operating Budget............................................................................................................................. ........3 Utility Fund Operating Budget............................................................................................................................... ........7 Other Enterprise Funds Operating Budgets ................................................................................................................. 11 Internal Service Funds Operating Budgets................................................................................................................... 13 Capitalln1provement Program Budget.................. ....................................................................................................... 16 Special Program Fund Budget................................... ...................................................................................................27 Special Development Funds ........................................................................................ ................................................. 43 Administrative Change Orders.............................,.......................................................................................... .............46 Ordinances................ ....................................................... .........................................................,................................... 48 Mid-Year budgets were projected in the following manner: All department expenditure budgets have been established on a month-to-month basis so that projects identified in the report are not simply time percentages applied to annual budgets but rather department director's judgment of month-to-month expenditures. This technique was also used for revenue projections. The actual and projected data contained in this review represents six months, October 1, 2003 through March 31, 2004. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after March 31, 2004. Definitions associated with the operating funds infonnation is presented as follows: Definitions: Original Budget The budget as adopted by the City Council on September 18, 2003. Mid-Year Projections Monthly budgets submitted by departments are based on prior year experience and unique circumstances. Mid-Year Actual Self-explanatory, Variance Difference between Mid-Year projected and Mid- Year actual. Variance % % of variance to Mid-Year projection. Adjustments Adjustments which have been approved by the City Council, made at the Manager's discretion, and/or adjustments proposed based on Mid-Year review. Amended Budget Adding the Original Budget and Adjustments. Amended Budget % Percentage change of amended budget to original budget. 1 Capital Improvement Projects The amended 2003/04 Capital Improvement Projects budget report is submitted for the City Council review. This review provides the opportunity to analyze the status of all active projects and present formal amendments to the project budget. The Capital Improvement and Special Program funds information is presented as follows: DefInitions: Budget The budget as of October 1, 2003, which includes budgets from prior years which have not been completed. Amendment Amendments which have been approved by the City Council, made at the Manager's discretion, and/or adjustments proposed as a result of the Mid-Year reVIew. Revised Budget Adding columns one and two. Expenditure Self-explanatory. Encumbrance Outstanding contract or purchase order commitment. Available Balance Difference between revised budget and expenditure plus encumbrance. Status C - project is completed Amend Ref Reference number for description of amendment. 2 Property Taxes Telecommunications! Sales Tax Franchise Fees Utilitv Taxes Licenses & Permits Fines. Forfeitures & Penalties Increase! (Decrease) (470,000) 300,000 City of Clearwater General Fund Revenues Mid Year Amendments FY 2003!04 Description No Amendment. Property taxes are approximately as estimated at mid year. As of the end of April, 95.1 % of budgeted revenues had been collected. At the same time in 2003, 95.3% of the year's total revenues had been collected. Sales tax collections are $233,400 more than last year's actual collections as of the end of April, and are estimated to reflect an anticipated increase of $200,000 for the year. Telecommunications tax collections, on the other hand, are $143,650 less than last year's collections for the same period, and annual estimates are reduced by $670,000 for the fiscal year. This decrease is offset by estimated increases in other General Fund categories. No Amendment. Franchise fees are approximately as budgeted at mid year. No Amendment. The 5% negative variance is partially a timing variance in collections, and utility revenues are expected to be as estimated for the year. No Amendment. The 18% positive variance is due in part to the timing of Occupational License receipts, which are expected to be as budgeted for the year. In addition, Building Permit revenues reflect a 16% positive variance at mid year and budget amendments reflect an estimated $300,000 increase in collections for the fiscal year. No amendments are recommended until further collection statistics are available. The 21 % negative variance is due to lower than anticipated revenue from court fines. This will be reviewed carefully for possible amendment at third quarter. 3 Interaovernmental Charaes for Service Use & Sale of City Property Miscellaneous Interfund CharaeslTransfers Transfer (to) from Surplus Increase/ (Decrease) 170,000 10,000 20,000 30,000 City of Clearwater General Fund Revenues Mid Year Amendments FY 2003/04 Description The 13% negative federal variance is due to slower than anticipated collections of Community Development Block Grant and SHIP receipts. These will be reviewed further at third quarter. State revenue sharing estimates are increased by $170,000 to reflect anticipated collections based on estimates by the State of Florida for fiscal 2003/04. The budget amendment reflects an increase of $10,000 in concession sales at Pier 60. No Amendment. The 10% negative variance is due to lower than estimated cash pool interest rates. This will be reviewed further for possible amendment at third quarter. No Amendment. Miscellaneous revenues are approximately as budgeted at mid year. No Amendment. Interfund charges are approximately as estimated at mid year. The budget amendment reflects the appropriation of $20,000 of general fund unappropriated retained earnings to fund travel expenses of the All-American City Award delegation, approved by the Council 5/6/2004. 4 City Manaaer Increase/ (Decrease) 20,000 City of Clearwater General Fund Expenditures Mid Year Amendments FY 2003/04 DescriDtion The budget amendment reflects the appropriation of unappropriated retained earnings for a $20,000 increase in travel to fund the Clearwater All-American City Award delegation in Atlanta, GA, approved by the Council 5/06/2004. Marine & Aviation 10,000 The budget amendment reflects a $10,000 increase in the cost of inventory purchases for resale at Pier 60. This is offset by a corresponding increase in revenue reflected in charges for service. Net General Fund Expenditure Amendment 30,000 5 GENERAL FUND MID YEAR REVIEW For Six Month Period of October 1, 2003- March 31, 2004 2003/04 2003/04 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance % Amendment Budget General Fund Revenues Property Taxes 34,773,010 30,948,000 31,138,872 190,872 1% 0 34,773,010 Telecommunications/Sales Taxes 14,230,580 5,929,405 4,377,980 (1,551,425) -26% (470,000) 13,760,580 Franchise Fees 7,100,000 3,004,163 2,968,685 (35,478) -1% 0 7,100,000 Utility Taxes 10,661,090 4,489,049 4,255,500 (233,549) -5% 0 10,661,090 Licenses & Permits 3,516,650 1,311,831 1,550,930 239,099 18% 300,000 3,816,650 Fines, Forfeitures, & Penalties 1,626,820 695,577 552,750 (142,827) -21% 0 1,626,820 Intergovemmental Federal 525,270 262,638 228,763 (33,875) -13% 0 525,270 State 2,853,100 1,435,964 1,481,904 45,940 3% 170,000 3,023,100 County/Other 6,311,300 2,708,239 2,714,731 6,492 0% 0 6,311,300 Charges for Service 3,582,810 1 ,192,232 1,115,621 (76,611 ) -6% 10,000 3,592,810 Use & Sale of City Property 1,203,480 646,740 585,138 (61,602) -10% 0 1,203,480 Miscellaneous Revenues 158,700 57,846 58,346 500 1% 0 158,700 Interfund Charges & Transfer 12,886,420 6,349,684 6,282,389 (67,295) -1% 0 12,886,420 Operating Revenues 99,429,230 59,031,368 57,311,609 (1,719,759) -3% 10,000 99,439,230 Transfer (to) from Surplus 527,420 0 0 0 n/a 20,000 547,420 Total Revenues 99,956,650 59,031,368 57,311,609 (1,719,759) -3% 30,000 99,986,650 General Fund Expenditures City Council 280,800 150,175 134,227 15,948 11% 0 280,800 City Manager's Office 800,610 462,616 446,096 16,520 4% 20,000 820,610 City Attorney's Office 1,402,730 747,626 565,822 181,804 24% 0 1,402,730 City Auditor's Office 137,070 71,901 55,958 15,943 22% 0 137,070 Development & Neighborhood Svcs 3,524,080 1,775,535 1,720,626 54,909 3% 0 3,524,080 Economic Development & Housing 1,546,940 848,337 875,437 (27,100) -3% 0 1,546,940 Equity Services 473,410 294,974 269,928 25,046 8% 0 473,410 Finance 1,987,480 1,029,727 1,034,622 (4,895) 0% 0 1,987,480 Fire 17,716,880 10,165,860 9,626,905 538,955 5% 0 17,716,880 Human Resources 1,211,610 645,713 602,686 43,027 7% 0 1,211,610 Library 5,422,400 3,080,586 2,825,221 255,365 8% 0 5,422,400 Marine & Aviation 436,570 235,619 240,680 (5,061) -2% 10,000 446,570 Non-Departmental 4,121,790 2,756,702 2,746,444 10,258 0% 0 4,121,790 Office of Management & Budget 296,500 156,031 153,036 2,995 2% 0 296,500 Official Records & Legislative Svcs 1,214,150 644,070 637,834 6,236 1% 0 1,214,150 Parks & Recreation 18,045,630 9,634,428 8,645,614 988,814 10% 0 18,045,630 Planning 1,167,890 602,046 572,668 29,378 5% 0 1,167,890 Police 30,146,010 16,327,177 15,731,812 595,365 4% 0 30,146,010 Public Communications 929,530 496,516 459,653 36,863 7% 0 929,530 Public Works Administration 9,094,570 4,804,459 4,713,587 90,872 2% 0 9,094,570 Total Expenditures 99,956,650 54,930,098 52,058,859 2,871,239 5% 30,000 99,986,650 6 Water & Sewer Fund Revenues: Expenditures: Increasel (Decrease) (134,640) City of Clearwater Utility Funds Mid Year Amendments FY 2003/04 Description At mid vear. anticipated revenues of the Water & Sewer Fund exceed anticipated expenditures bv $4.770.850 for FY 2003/04. o Water and Sewer fund expenditure amendments reflect salary savings due to position vacancies in the WPC plant, lab, and water supply programs. Stormwater Fund Revenues: Expenditures: o o At mid year. anticipated revenues of the Stormwater Fund exceed anticipated expenditures by $1.924.830 for FY 2003/04. No amendments are proposed for the Stormwater Fund at mid- year. Gas Fund Revenues: Expenditures: 2,736,400 2,480,650 At mid year. anticipated revenues of the Gas Fund exceed anticipated expenditures bv $1.332,450 for FY 2003/04. Revenue amendments in the Gas Fund reflect an increase of $2,485,000 in gas sales needed to offset the cost recovery for fuel, $400,000 in gas franchise fee, and a reduction of $148,600 in various other line item revenues, resulting in a net increase of $2,736,400 in Gas fund revenues at mid year. The only significant expenditure amendment in the Gas Fund at mid year is $2,480,340 for the increased cost of fuel due to price and volume sales. Expenditures amendments reflect a total net increase of $2,480,650 at mid year. Solid Waste Fund Revenues: Expenditures: 128,500 120,000 At mid year. anticipated revenues of the Solid Waste Fund exceed anticipated expenditures bv $208.670 for FY 2003/04. Revenue amendments in the Solid Waste Fund reflect an increase of $115,000 in collections from roll-off and dumpster services, $8,000 in franchise fees and late payment fees, $4,500 in anticipated interest income, and $1,000 in various other line item revenues, resulting in a net increase of $128,500 in Solid Waste fund revenues at mid year. The only significant expenditure amendment in the Solid Waste Fund at mid year is $103,600 for the increased cost of dump fees due to increased collections. Various other line item amendments reflect small increases and decreases totaling $16,400. The net expenditure amendment for the Solid Waste Fund reflects a total increase of $120,000 at mid year. 7 Recvclina Fund Revenues: Expenditures Increase/ (Decrease) 42,200 41,370 City of Clearwater Utility Funds Mid Year Amendments FY 2003/04 Description At mid year. anticipated revenues of the RecvclinQ Fund exceed anticipated expenditures bv $74.030 for FY 2003/04. The mid year revenue amendments to the Recycling Fund reflect an increase of $60,000 in the sale of recyclables and a decrease of $28,000 in anticipated interest earnings. Various other line item amendments reflect small increases and decreases totaling $10,200. This results in a net increase of $42,200 in Recycling fund revenues at mid year. The only significant expenditure amendment in the Recycling Fund at mid year is $65,000 for the increased cost of inventory purchases for resale due to additional receipts of recyclable commodities from adjacent cities and the County, and the related high market prices of these items. Salary savings and various other line item amendments reflect small increases and decreases totaling $23,630. The net expenditure amendment for the Recycling Fund reflects a total increase of $41,370 at mid year. 8 UTILITY FUNDS MID YEAR REVIEW For the Six Month Period of October 1, 2003 to March 31, 2004 2003/04 2003/04 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance % Amendment Budget Water & Sewer Fund Revenues Operating Revenues: Water Revenue 22,637,700 10,997,700 9,473,599 -1,524,101 -14% 0 22,637,700 Sewer Revenue 21,991,300 10,891,300 9,960,816 -930,484 -9% 0 21,991,300 Reclaimed Water 411,000 205,500 196,101 -9,399 -5% 0 411,000 Total Operating Revenue 45,040,000 22,094,500 19,630,516 -2,463,984 -11% 0 45,040,000 Other Operating 959,000 479,502 533,035 53,533 11% 0 959,000 Other Revenue 3,479,330 2,199,032 1,648,915 -550,117 -25% 0 3,479,330 Other Financing Sources 187,000 93,498 200,933 107,435 115% 0 187,000 Operating Revenues 49,665,330 24,866,532 22,013,399 -2,853,133 -11% 0 49,665,330 Transfer from Surplus 9,580,410 0 0 0 nla 0 9,580,410 Total Revenues 59,245,740 24,866,532 22,013,399 -2,853,133 -11% 0 59,245,740 Water & Sewer Fund EXDenditures Public Utilities Administration 678,860 345,305 325,013 20,292 6% 0 678,860 Wastewater Collection 8,655,500 7,107,104 6,897,834 209,270 3% 0 8,655,500 WPC/Plant Operations 11,398,430 6,282,710 5,908,691 374,019 6% -51,760 11,346,670 WPC/Laboratory Operations 1,641,180 834,942 732,490 1 02,452 12% -44,710 1,596,470 WPC/lndustrial Pretreatment 462,580 242,184 186,993 55,191 23% 0 462,580 Water Distribution 11,019,430 7,428,604 7,281,915 146,689 2% 0 11,019,430 Water Supply 10,424,120 4,952,290 4,390,440 561,850 11% -38,170 10,385,950 Reclaimed Water 354,800 193,507 127,126 66,381 34% 0 354,800 Non-Departmental 9,974,630 4,987,314 4,784,317 202,997 4% 0 9,974,630 Total Expenditures 54,609,530 32,373,960 30,634,819 1,739,141 5% -134,640 54,474,890 Stormwater Utilitv Revenues Operating Revenues: Stormwater Revenue 9,174,000 4,587,000 4,645,451 58,451 1% 0 9,174,000 Total Operating Revenue 9,174,000 4,587,000 4,645,451 58,451 1% 0 9,174,000 Other Revenue 591,770 295,884 151,905 -143,979 -49% 0 591,770 Other Financing Sources 0 0 0 nla 0 0 Operating Revenues 9,765,770 4,882,884 4,797,356 -85,528 -2% 0 9,765,770 Transfer from Surplus 0 0 0 0% 0 0 Total Revenues 9,765,770 4,882,884 4,797,356 -85,528 -2% 0 9,765,770 Stormwater Utilitv EXDenditures Stormwater Utility 4,743,560 2,438,595 2,249,028 189,567 8% 0 4,743,560 Stormwater Management 3,097,380 1,562,986 1,4 79,803 83,183 5% 0 3,097,380 Total Expenditures 7,840,940 4,001,581 3,728,831 272,750 7% 0 7,840,940 9 UTILITY FUNDS MID YEAR REVIEW For the Six Month Period of October 1, 2003 to March 31, 2004 2003/04 2003/04 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance % Amendment Budget Gas Fund Revenue Operating Revenues: Sales 22,650,000 11,897,927 14,702,865 2,804,938 24% 2,485,000 25,135,000 Total Operating Revenue 22,650,000 11,897,927 14,702,865 2,804,938 24% 2,485,000 25,135,000 Other Operating 4,709,720 2,387,350 2,156,023 -231,327 -10% -176,000 4,533,720 Other Revenue 1,679,740 894,869 1,059,017 164,148 18% 427,400 2,107,140 Other Financing Sources 1,000,000 0 0 0 nla 0 1,000,000 Operating Revenues 30,039,460 15,180,146 17,917,905 2,737,759 18% 2,736,400 32,775,860 Total Revenues 30,039,460 15,180,146 17,917,905 2,737,759 18% 2,736,400 32,775,860 Gas Fund Expenditures Administration & Supply 18,087,390 9,129,585 10,368,368 -1,238,783 -14% 2,480,340 20,567,730 South Area Gas Operations 5,012,200 3,321,879 3,108,595 213,284 6% -44,060 4,968,140 North Area Gas Operations 3,350,920 2,333,653 2,345,541 -11,888 -1% 74,830 3,425,750 Marketing & Sales 2,512,250 1,274,729 1,084,348 190,381 15% -30,460 2,481,790 Total Expenditures 28,962,760 16,059,846 16,906,852 -847,006 -5% 2,480,650 31,443,410 Solid Waste Revenues Operating Revenues: 15,791,000 7,920,500 8,097,552 177,052 2% 119,000 15,910,000 Total Operating Revenue 15,791,000 7,920,500 8,097,552 177,052 2% 119,000 15,910,000 Other Operating Revenue 97,000 48,500 53,416 4,916 10% 4,000 101,000 Other Revenue 546,000 273,000 286,029 13,029 5% 5,500 551,500 Other Financing Sources 500 250 390 140 nla 0 500 Operating Revenues 16,434,500 8,242,250 8,437,387 195,137 2% 128,500 16,563,000 0 Total Revenues 16,434,500 8,242,250 8,437,387 195,137 2% 128,500 16,563,000 Solid Waste EXDenditures Residential Collection 7,202,010 3,708,243 3,602,585 105,658 3% 49,010 7,251,020 Commercial Collection 6,151,380 3,227,638 3,144,995 82,643 3% 56,600 6,207,980 Transfer 1,284,320 722,723 686,196 36,527 5% 13,000 1,297,320 Container Maintenance 606,380 314,853 302,510 12,343 4% 1,100 607,480 Administration 990,240 484,245 447,315 36,930 8% 290 990,530 Total Expenditures 16,234,330 8,457,702 8,183,601 274,101 3% 120,000 16,354,330 RecvclinQ Revenues Operating Revenues: 1,428,050 717,525 732,348 14,823 2% 2,750 1,430,800 Total Operatin9 Revenue 1,428,050 717,525 732,348 14,823 2% 2,750 1,430,800 Other Operating Revenue 997,150 512,650 596,669 84,019 16% 39,450 1,036,600 Other Revenue 0 0 0 nfa 0 0 Operating Revenues 2,425,200 1,230,175 1,329,017 98,842 8% 42,200 2,467,400 Total Revenues 2,425,200 1,230,175 1,329,017 98,842 8% 42,200 2,467,400 Recvclina Expenditures Residential 971,490 507,545 462,873 44,672 9% -14,310 957,180 Multi-Family 485,540 267,481 249,626 17,855 7% -2,320 483,220 Commercial 894,970 495,000 496,524 -1,524 0% 58,000 952,970 Total Expenditures 2,352,000 1,270,026 1,209,023 61,003 5% 41,370 2,393,370 10 Marine & Aviation Fund Revenues: Expenditures: City of Clearwater Other Enterprise Funds Mid Year Amendments FY 2003/04 Increasel (Decrease) Description 66,300 At mid year. anticipated revenues of the Marine & Aviation Fund exceed anticipated expenditures by $214.440 for FY 2003/04. Mid year amendments reflect the return of unused funding from the completed capital project for Airpark Berm, 315-94772. No expenditure amendments are proposed for the Marine & Aviation Fund at mid-year. o Parking Fund Revenues: Expenditures: o At mid year. anticipated revenues of the Parkina Fund exceed anticipated expenditures by $361.320 for FY 2003/04. No budget amendments are proposed to Parking Fund revenues at mid year. Mid year amendments reflect the transfer of $1 ,800 to project 315-92644, Pelican Walk Parking Garage, to provide additional funding for parking consultant peer review of the Pelican Walk garage plans. This transfer is offset by savings of $1 ,800 in the line item for contractual services. The net budget impact to the Parking Fund operating budget is $0. o Harborview Fund Revenues: Expenditures: 960 At mid year. anticipated revenues of the Harborview Fund exceed anticipated expenditures by $200.760 for FY 2003/04, the amount allocated from the General Fund at first Quarter to eliminate the orior year deficit. Mid year amendments to the Harborview Fund reflect various line item adjustments in revenues and expenditures ultimately netting to a small revenue increase from event income totaling $960, which offsets a similar increase in cost of goods sold. 960 11 ENTERPRISE FUNDS MID YEAR QUARTER REVIEW For The Six Month Period of October 1, 2003 - March 31, 2004 2003/04 2003/04 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance % Amendment Budget Marine & Aviation Fund Operating Revenues: Sales 1,718,000 723,000 704,068 (18,932) -3% 0 1,718,000 Rentals 1,275,000 637,500 625,181 (12,319) -2% 0 1,275,000 Total Operating Revenue 2,993,000 1,360,500 1,329,249 (31,251 ) -2% 0 2,993,000 Other Revenue 341,380 207,492 196,235 (11,257) -5% 66,300 407,680 Operating Revenues 3,334,380 1,567,992 1,525,484 (42,508) -30/. 66,300 3,400,680 Other Financing Sources 0 Total Revenues 3,334,380 1,567,992 1,525,484 (42,508) -3% 66,300 3,400,680 Marine & Aviation Fund Expenditures Marine Department 2,927,750 1,462,514 1,495,769 (33,255) -2% 0 2,927,750 Airpark 258,490 147,132 88,530 58,602 40% 0 258,490 Total Expenditures 3,186,240 1,609,646 1,584,299 25,347 2% 0 3,186,240 Parking Fund Revenues Operating Revenues: Parking Receipts 3,875,000 1,433,750 1,607,829 174,079 12% 3,875,000 Total Operating Revenue 3,875,000 1,433,750 1,607,829 174,079 12% 0 3,875,000 Other Revenue 615,260 307,626 482,036 174,410 57% 615,260 Operating Revenues 4,490,260 1,741,376 2,089,865 348,489 20% 0 4,490,260 Other Financing Sources nla 0 Total Revenues 4,490,260 1,741,376 2,089,865 348,489 20% 0 4,490,260 Parking Fund Expenditures Public Wks/Parking System 3,215,910 1,924,866 1,528,406 396,460 21% 0 3,215,910 Public Wks/Parking Enforcement 284,000 153,872 34,186 119,686 78% 0 284,000 Beach Guard Operations 629,030 283,769 303,776 (20,007) -7% 0 629,030 Total Expenditures 4,128,940 2,362,507 1,866,367 496,140 21% 0 4,128,940 Harborview Center Fund Revenues Operating Revenues: 1,694,850 918,036 981,017 62,981 7% 960 1,695,810 Other Financing Sources 436,130 436,130 436,130 0% 436,130 Total Revenues 2,130,980 1,354,166 1,417,147 62,981 5% 960 2,131,940 Harborview Center Fund Expenditures Harborview Center Operations 1,930,220 1,117,087 1,115,630 1 ,457 0% 960 1,931,180 Total Expenditures 1,930,220 1,117,087 1,115,630 1,457 0% 960 1,931,180 12 General Services Revenues: Expenditures: Increase/ (Decrease) City of Clearwater Internal Service Funds Mid Year Amendments FY 2003/04 Description o o At mid vear. anticipated revenues of the General Services Fund exceed anticipated expenditures by $360 for FY 2003/04. No amendments are proposed for the General Services Fund at mid-year. Administrative Services Revenues: Expenditures: o o At mid year. anticipated revenues of the Administrative Services Fund exceed anticipated expenditures by $56.670 for FY 2003/04. No amendments are proposed for the General Services Fund at mid-year. Garaae Fund Revenues: Expenditures: 35,000 35,000 At mid year. anticipated revenues of the Garaae Fund exceed anticipated expenditures by $317.040 for FY 2003/04. Revenue amendments reflect increases due to greater than expected repairs, fuel and tires charged to user departments. The most significant expenditure amendment in the Garage Fund at mid year is $24,000 for the purchase of a stair climber to allow handicapped access to 2nd floor offices and training room at the Fleet Maintenance Facility. Various other line item amendments reflect increases and decreases totaling $11,000. The net expenditure amendment for the Garage Fund reflects a total increase of $35,000 at mid year. Central Insurance Revenues: Expenditures: o o At mid year. anticipated revenues of the Central Insurance Fund exceed anticipated expenditures bv $1 .188.790 for FY 2003/04. No amendments are proposed for the Central Insurance Fund at mid-year. 13 INTERNAL SERVICE FUNDS MID YEAR QUARTER REVIEW For The Six Month Period of October 1, 2003 - March 31, 2004 2003/04 2003/04 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance % Amendment Budget General Services Fund Revenues Operating Revenues: 3,349,080 1,674,534 1 ,697,321 22,787 1% 0 3,349,080 Total Operating Revenue 3,349,080 1,674,534 1,697,321 22,787 1% 0 3,349,080 Other Revenue 40,000 19,998 28,635 8,637 43% 40,000 Operating Revenues 3,389,080 1,694,532 1,725,956 31,424 2% 0 3,389,080 Other Financing Sources 56,000 0 56,000 Total Revenues 3,445,080 1,694,532 1,725,956 31,424 2% 0 3,445,080 General Services Fund Expenditures Administration 423,130 207,984 210,979 (2,995) -1 % (50) 423,080 Building & Maintenance 3,021,590 1,584,157 1,359,676 224,481 14% 50 3,021,640 Total Expenditures 3,444,720 1,792,141 1,570,655 221,486 12% 0 3,444,720 Administrative Services Revenues Operating Revenues: 8,432,560 30,000 37,467 7,467 25% 0 8,432,560 Total Operating Revenue 8,432,560 30,000 37,467 7,467 25% 0 8,432,560 Other Revenue 60,000 4,216,290 4,114,339 (101,951 ) -2% 0 60,000 Operating Revenues 8,492,560 4,246,290 4,151,806 (94,484) -2% 0 8,492,560 Other Financing Sources 0 Total Revenues 8,492,560 4,246,290 4,151,806 (94,484) -2% 0 8,492,560 Administrative Services Expenditures Information Technology/Admin 532,150 272,208 257,919 14,289 5% 0 532,150 Information Tech/Network Svcs 1,497,530 773,282 729,751 43,531 6% 0 1,497,530 Info Tech/Software Applications 1,429,880 777,341 682,790 94,551 12% 0 1,429,880 Info TechlTelecommunications 1,248,290 627,724 567,852 59,872 10% 1,248,290 Pub Comm/Courier 165,650 83,498 67,682 15,816 19% 0 165,650 Pub Comm/Graphics 393,610 201,150 195,032 6,118 3% 0 393,610 Clearwater Customer Service 3,168,780 1 ,638,005 1,396,135 241,870 15% 0 3,168,780 Total Expenditures 8,435,890 4,373,208 3,897,161 476,047 11% 0 8,435,890 Garage Fund Revenues Operating Revenues: 8,589,720 4,346,936 4,476,530 129,594 3% 35,000 8,624,720 Total Operating Revenue 8,589,720 4,346,936 4,476,530 129,594 3% 35,000 8,624,720 Other Revenue 777,200 536,540 643,052 106,512 20% 777,200 Operating Revenues 9,366,920 4,883,476 5,119,582 236,106 5% 35,000 9,401,920 Other Financing Sources 535,000 0 535,000 Total Revenues 9,901,920 4,883,476 5,119,582 236,106 5% 35,000 9,936,920 Garage Fund Expenditures Fleet Maintenance 9,177,150 4,804,476 4,528,735 275,741 6% 44,850 9,222,000 Radio Communications 407,730 200,775 132,595 68,180 34% (9,850) 397,880 Total Expenditures 9,584,880 5,005,251 4,661,330 343,921 7% 35,000 9,619,880 14 INTERNAL SERVICE FUNDS MID YEAR QUARTER REVIEW For The Six Month Period of October 1, 2003 . March 31, 2004 2003/04 2003/04 1 Qtr Amended Mid.Year Mid.Year Budget Proposed MY Amended Budget Projection Actual Variance % Amendment Budget Central Insurance Fund Revenues Operating Revenues: 15,253.900 7,626.948 7.662,729 35,781 0% 15,253,900 Total Operating Revenue 15,253,900 7,626.948 7.662,729 35,781 0% 0 15,253,900 Other Revenue 1,221.550 611.778 648,239 36,461 6% 1,221.550 Operating Revenues 16,475,450 8,238,726 8,310,968 72,242 1% 0 16,475,450 Other Financing Sources 907.810 500.000 500,000 0 907.810 Total Revenues 17,383,260 8,738,726 8,810,968 72,242 1% 0 17,383,260 Central Insurance Fund Expenditures Finance/Risk Management 338.990 177.164 164.753 12,411 7% 0 338,990 Hum Resources/Employee Benefits 217,850 113.576 113.072 504 0% 0 217,850 Non-Departmental 15,637,630 7.077,744 6,349.699 728.045 10% 0 15.637,630 Total Expenditures 16,194,470 7,368,484 6,627,524 740,960 10% 0 16,194,470 15 Clearwater, Florida CAPITAL IMPROVEMENT FUND Mid Year Summary FY 2003/04 The amended 2003/04 Capital Improvement Program budget report is submitted for the City Council's Mid Year review. The net proposed amendment is a budget decrease of $2,212,117. This review provides the opportwrity to examine the status of all active projects and present formal amendments to the project budgets. Fiscally significant budget increases encompassed within this review are as follows: The City Council did not previously approve the following Capital Improvement Budget increase: ~ Coronado/South Gulfview Streetscape - A budget increase of $114,100.04 in grant revenue fromHUD, which represents actual cash received from HUD. All significant budget increases that haYe been previously approved by the Council are listed below: SR 60 & Damascus Signal Project Rndgr-t Increase 279,326 Council Approval 05/06/04 16 17 CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2003/04 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Parking Enforcement Vehicles - CLOSE PROJECT 8 315-92642 (11,042) . To record a budget decrease of$11,041.71 in Lease Purchase revenue, which will close the project. The vehicles have been purchased. (11,042) 9 315-92643 Parking Enforcement Ticketing/Data Collection Equipment - CLOSE PROJECT (67,000) · To record a budget decrease of $67,000 in Lease Purchase revenue, which will close the project. The equipment is not needed and will not be purchased. (67,000) 10 315-92644 Pelican Walk Parking Garage 1,800 To record a budget increase of $1 ,800 in Parking revenue, which will be transferred from operating savings of Parking. This is to provide funding for the Parking Consultant Peer Review of the Pelican Walk Garage plans. 1,800 11 315-92829 Community Sports Complex (Bright House Networks Field) 719 . To record a budget increase of $718.97 in interest earnings. This represents interest earned on money held in escrow as approved by the City Council on April 4, 2002. 407,087 To record a budget transfer of $407,086,51 in Road Millage from project 92266, Streets, Sidewalks & Bridges. This was approved by the City Council on May 20, 2004 to fund roadway and trail construction associated with the project. 407,805 12 315-93239 North Greenwood Recreation/Aquatic Complex - CLOSE PROJECT (845) To record a budget decrease of $844,57 in Penny for Pinellas revenue, which will close the project. The revenue will be returned to the Special Development Fund for reappropriation. (845) 13 315-93271 Swimming Pool R&R - BUDGET AMENDMENT ONLY (100,000) . To record a budget decrease of $100,000 in grant revenue. The anticipated grant was not received. (100,000) 14 315-93273 Restrooms on Clearwater Beach. BUDGET AMENDMENT ONLY (150,000) . To record a budget decrease of $150,000 in grant revenue. The anticipated grant was not received, (150,000) 15 315-93280 Portable Bleacher System - CLOSE PROJECT (38,000) . To record a budget decrease of $38,000 in Lease Purchase revenue, which will close the project. The necessary equipment has been purchased, (38,000) 16 315-93429 Dock Replacement & Repair - BUDGET AMENDMENT ONLY 300 · To record a budget increase of $300 in Pinellas County revenue. This represents reimbursement for materials the City purchased as part of an Interlocal Agreement. 300 18 CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2003/04 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment 17 315-93498 Sailing Center Improvements. BUDGET AMENDMENT ONLY 50,000 * To record a budget increase of $50,000 in grant revenue from the Department of Environmental Protection Coastal Zone Management Program. This was approved by the City Council on September 4, 2003 to provide funding to build docks. 50,000 18 315-93523 New Main Library - BUDGET AMENDMENT ONLY 135,000 * To record a budget increase of $135,000 in Library Foundation donation revenue, which will be offset by (135,000) * a $135,000 decrease in General Fund revenue (loan), This represents 1/2 of the actual donations received from the Library Foundation since February 20, 2003 and as approved on that date by the City Council, will be used to reduce the General Fund dollars that were fronted for the Library Foundation, (1,433,000) * To also record a budget decrease of $1 ,433,000 in Donation revenue from the Library Foundation. This will bring the budget in line with the actual receipts from the Foundation in the project. (1,433,000) 19 315-94523 Building & Maintenance Vehicles - BUDGET AMENDMENT ONLY 11,078 * To record a budget increase of $11 ,078 in Lease Purchase revenue. This is to fund the additional unanticipated costs for the vehicles. 11,078 20 315-94772 Airpark Berm - CLOSE PROJECT (66,305) To record a budget decrease of $66,304.58 in Marine & Aviation revenue, which will close the project. The project is complete and the revenue will be returned to the Marine & Aviation Fund for reappropriation. (66,305) 21 315-96124 Storm Pipe System Improvement 19,941 To record a budget transfer of $19,940.66 in Stormwater revenue from project 96516, City-Wide Aerial Photography. This will bring the Stormwater funding in the Aerial Photography project in line with the Water & Sewer funding. 19,941 22 315-96125 Prospect Lake. BUDGET AMENDMENT ONLY (143,953) * To record a budget decrease of $143,952.52 in grant revenue from SWFWMD. The City has received the maximum funding allowed for this project. (143,953) 23 315-96516 City-Wide Aerial Photography (19,941) To record a budget transfer of $19,940,66 in Stormwater revenue to project 96124, Storm Pipe System Improvement. This will bring the Stormwater funding in this project in line with the Water & Sewer funding. (19,941) 24 315-96604 WPC Major Equipment Overhaul. CLOSE PROJECT (580) To record a budget transfer of $580 in Sewer Revenue to project 315-96664, WPC R&R. The project is complete and will be closed. -580 19 CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2003/04 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment 25 315-96608 Rear Easement Sewer Cleaner - CLOSE PROJECT (38,000) * To record a budget decrease of $38,000 in Lease Purchase revenue, which will close the project. The equipment will not be purchased because an alternate solution has been found to complete the task. (38,000) 26 315-96609 Portable CCTV Inspection Camera - CLOSE PROJECT (20) * To record a budget decrease of $20 in Lease Purchase revenue, which will close the project. The equipment has been purchased. (20) 27 315-96664 WPC R&R 580 To record a budget transfer of $580 in Sewer Revenue from project 96604, WPC Major Equipment Overhaul. The WPC Major Equipment Overhaul project is complete and will be closed. 580 28 315-96698 WWC GPS Data Collector - CLOSE PROJECT (30,000) * To record a budget decrease of $30,000 in Lease Purchase revenue, which will close the project. The equipment is not needed and won't be purchased. (30,000) 29 315-96755 Skid Mounted Vacuum Reclaimed System - CLOSE PROJECT (58,050) * To record a budget decrease of $58,050 in Lease Purchase revenue, which will close the project. The equipment has been purchased. (58,050) TOTALS (2,212,117) 0 (2,212,117) 20 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2003 to March 31,2004 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/03 Prev Qtr Amdmts Budget To Date Encumbr Balance Status Ref PUBLIC SAFETY Police Protection 91127 Police Computer Network 5,339,305 5,339,305 5,339,305 4,136,474 1,202,831 91144 Beach District Substation 820,260 785,960 785,960 785,960 0 C 91146 Traffic Speed Boards 30,000 30,000 30,000 27,957 1,692 352 91147 Police Computer Network - II 147,330 147,330 147,330 147,330 Sub-Total 6,336,895 6,302,595 0 6,302,595 4,950,390 1,692 1,350,513 Fire Protection 91213 Fire Apparatus Refurbish 658,772 658,772 658,772 602,415 56,357 91221 EMS Capital Equipment 776,659 776,659 776,659 678,519 98,140 91226 Vehicular Support 317,509 317,509 317,509 238,433 79,076 91229 Replace & Upgrade Airpacks 286,500 286,500 286,500 269,529 16,971 91236 Rescue Vehicle 419,296 419,296 419,296 78,527 120,742 220,027 91237 Northwest Station 2,198,650 2,198,650 2,198,650 1,176,699 999,304 22,647 91238 Sand Key Fire Station 1,859,300 1,859,300 -430,718 1,428,582 1,428,582 0 C 91240 Fire GIS 74,000 74,000 74,000 3,925 70,076 91241 NW Station Fumishings 124,000 124,000 124,000 12,423 111,577 91242 Fire Training Facility 200,000 200,000 200,000 200,000 91243 Clwr Mall Fire Station 2,000,000 2,000,000 2,000,000 1,658,516 3,430 338,054 91244 Aerial 879,011 879,011 879,011 879,011 0 C 91245 Fire Garage Door RepJcmt 68,000 68,000 68,000 22,039 45,961 91247 Traffic Pre-Emption 30,000 30,000 30,000 29,548 452 91248 Fire Shop/Supply Facility 703,500 703,500 703,500 690,565 17,935 -5,000 91249 Fire Dispatch Radio Replcmt 317,700 317,700 317,700 317,700 Sub-Total 10,912,897 10,912,897 -430,718 10,482,179 7,752,384 1,157,759 1,572,037 TRANSPORTATION New Street Construction 92141 Drew Street Widening 2,600,000 2,297,647 2,297,647 2,297,647 0 C 92145 Landmark Dr Extension 752,502 752,502 752,502 741,487 3,680 7,335 92146 Druid Rd Improvements 1,750,000 1,750,000 1,750,000 821,816 928,184 92148 Gateway to the Beach 10,062,697 10,062,697 10,062,697 9,408,224 123,306 531,167 92149 Chautauqua Ave Extension 350,000 350,000 350,000 350,000 Sub-Total 15,515,199 15,212,846 0 15,212,846 13,269,174 126,986 1,816,687 Major Street Maintenance 92259 Traffic Calming 2,933,098 2,933,098 2,933,098 1,293,382 274,767 1,364,950 92261 Beach Streetscape 2,504,420 2,504,420 2,504,420 2,416,036 80,759 7,626 92262 SR 60 Corridor Beaut 3,380,026 3,380,026 3,380,026 2,335,495 350,000 694,531 92263 N Greenwood Corridor Enhc 1,611,495 1,611,495 1,611,495 1,262,562 326,526 22,406 92265 Myrtle Ave/Alt 19 1,000,000 1,217,199 1,217,199 604,574 612,626 0 92266 Streets, Sidewalks & Bridges 8,558,096 8,543,552 -407,087 8,136,465 4,735,315 446,084 2,955,066 2 92267 Coronado/S Gulfview 3,281,460 3,281,460 114,110 3,395,570 330,097 216,036 2,849,437 3 92268 BJuff to Beach Guideway 140,000 140,000 140,000 27,000 63,000 50,000 92269 Downtown Streetscape 1,900,000 1,900,000 1,900,000 72,092 261,463 1,566,444 4 Sub-Total 25,308,594 25,511,250 -292,976 25,218,273 13,076,553 2,631,261 9,510,459 Sidewalks and Bike Trail 92339 New Sidewalks 389,833 389,833 389,833 379,831 10,003 92340 CJw Bch West Bridge Co 3,485,560 4,153,760 4,153,760 618,643 139,391 3,395,726 92341 McMullen Booth Rd Overpass 2,429,870 2,429,870 2,429,870 378,222 2,051,648 Sub-Total 6,305,263 6,973,463 0 6,973,463 996,865 519,222 5,457,377 Intersections 92551 City-Wide Intersection Imprv 861,778 861,778 861,778 394,654 467,123 92552 Signal Renovation 726,148 745,698 745,698 577,285 71,317 97,097 92553 New Signal Installation 729,216 729,216 -51,259 677,957 306,396 371,561 5 21 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2003 to March 31, 2004 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/03 Prev Qtr Amdmts Budget To Date Encumbr Balance Status Ref Intersections (cont'd) 92555 Intersection Improvements 2,908,022 2,908,022 -51,259 2,856,763 2,149,217 4,064 703,481 6 92557 SR 60 & Damascus Rd Signal 341,960 341,960 279,326 621,286 79,917 541,369 7 92558 Intersection Improvements-i1 536,270 536,270 536,270 110 536,160 Sub-Total 6,103,394 6,122,944 176,807 6,299,751 3,507,579 75,381 2,716,791 Parking 92630 Parking Lot Resurfacing 1,129,023 1,129,023 1,129,023 590,935 13,566 524,521 92632 Pkng Garage Structure Rpr 893,432 893,432 893,432 563,905 143,337 186,189 92636 Parking Lot Improvement 812,977 812,977 812,977 389,853 7,305 415,819 92637 Elec Real Time Signin9 Sys 350,000 350,000 350,000 350,000 92640 Downtown Parking Garage 3,200,000 1,900,000 1,900,000 102,200 1,797,800 92641 Seashell Parking Lot 6,000,000 6,000,000 6,000,000 6,000,000 92642 Parking Enforcement Vehicles 100,000 100,000 -11,042 88,958 88,958 0 C 8 92643 Pking Enforcmnt Tick/Data Coli 67,000 67,000 -67,000 0 0 C 9 92644 Pelican Walk Parkin9 Garage 1,450,000 1,450,000 1,800 1,451,800 1,451,800 0 10 92645 Pking Access & Rev Equip 0 590,654 590,654 393,906 117,670 79,078 92646 Station Square Parking 0 1,300,000 1,300,000 1,300,000 Sub-Total 14,002,431 14,593,086 -76,242 14,516,844 2,129,758 1,733,678 10,653,407 Misceilaneous Engineering 92820 Memorial Causeway Br Repl 37,258,665 37,258,665 37,258,665 36,530,133 40,626 687,905 92822 Miscellaneous Engineering 550,846 332,892 332,892 185,746 147,147 92827 GJobal Pos Sys Survey Equip 125,000 125,000 125,000 40,887 84,113 92828 Public Works Field Laptops 210,000 125,682 125,682 17,322 108,360 92829 Comm Sports Complex 22,512,997 23,252,894 407,805 23,660,699 23,305,400 440,135 -84,835 11 92834 Sign Work Station 35,000 19,329 19,329 19,329 0 C 92835 Preheating Kettle 33,200 32,005 32,005 32,005 0 C Sub-Total 60,725,708 61,146,466 407,805 61,554,272 60,130,821 480,761 942,690 LEISURE Land Acquisition 93129 Bayview Park 250,000 250,000 250,000 230,010 19,990 250,000 250,000 0 250,000 230,010 0 19,990 Park Development 93201 Eddie C Moore 8 & 9 780,000 880,000 880,000 525,410 100,958 253,632 93202 Parks & Beautification Trucks 64,000 64,000 64,000 61,560 2,440 93203 Carpenter Fld-Infras Repllmp 30,000 30,000 30,000 13,794 16,206 93204 Concrete Sidewalk & Pad 222,913 222,913 222,913 151,128 71,785 93205 Com Sprts Cmp Infr Rep/lmp 50,000 50,000 50,000 50,000 93206 Skate Pks & Roller Hcky Rink 601,000 6,000 6,000 6,000 0 C 93207 Crest Lake Pk Improvemts 150,000 150,000 150,000 150,000 93210 Mem Cswy Lndscp/Beaut 500,000 500,000 500,000 500,000 93211 Golf Course Fencing/Lndscp 0 90,000 90,000 37,508 52,492 93212 Recreation Trails 948,457 917,620 917,620 917,620 0 C 93213 Prk Amenity Purch & Rplcmnt 449,942 449,942 449,942 410,731 39,210 93229 Tennis Court Resurfacing 319,082 319,082 319,082 286,398 32,684 93230 Playground & Fitness Eqpmnt P 851,130 851,130 851,130 675,869 29,280 145,981 93231 McKay Park 70,000 70,000 70,000 37,334 21,538 11,t28 93232 Long Center 1,000,000 1,000,000 1,000,000 10,400 989,600 93235 Maple Swmp Allen's Ck Rehb 90,000 84,664 84,664 84,664 0 C 93239 N Gmwd Ree/Aquatic Comp 4,220,376 4,220,376 -845 4,219,532 4,217,527 2,005 0 C 12 93242 JRS Infrastructure Repairs 440,000 367,000 367,000 318,025 1,500 47,475 93243 NW Rec Ctr Start-up Costs 292,000 285,419 285,419 285,419 0 C 93253 Ross Norton Complex 2,700,631 3,715,457 3,715,457 259,740 3,033,533 422, t84 93262 Fencing Replacemt Program 499,555 499,555 499,555 471,076 28,479 93266 P&B Infrastructure Imprvmts 75,057 75,057 75,057 64,347 10,710 0 22 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2003 to March 31, 2004 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/03 Prev Qtr Amdmts Budget To Date Encumbr Balance Status Ref Park Development (cont'd) 93268 Passenger Van-Rec Program 47,378 47,378 47,378 44,046 3,332 93269 Light Replacement 1,191,676 1,191,676 1,191,676 1,052,316 3,959 135,401 93271 Swimming Pool R&R 250,000 250,000 -100,000 150,000 4,550 145,450 13 93272 Bike Paths/Bridges 6,442,000 6,180,000 6,180,000 6,180,000 93273 Restrooms on Clwr Beach 150,000 150,000 -150,000 0 0 14 93274 P&R Technology Upgrades 148,000 148,000 148,000 82,840 17,847 47,313 93275 Dog Park @ Crest Lake 130,000 130,000 130,000 109,411 55 20,534 93277 Harborview Infra Rep/lmpr 75,000 75,000 75,000 15,701 59,299 93278 Long Center Infra Repairs 117,000 117,000 117,000 38,559 78,441 93279 Holt Ave Pool Demo 25,000 23,005 23,005 23,005 0 C 93280 Portable Bleacher Sys 70,131 70,131 -38,000 32,131 32,131 0 C 15 93286 Pking LoVBike Pth Rsr/lmprv 236,943 236,943 236,943 146,278 26,986 63,680 Sub-Total 23,237,272 23,467,348 -288,845 23,178,503 10,341,330 3,290,428 9,546,745 Marine Facilities 93413 Utitities/Svcs Replace 343,966 343,966 343,966 331,843 12,123 93429 Dock Replacement & Repair 268,740 268,740 300 269,040 246,334 22,706 16 93487 Fishing Piers 356,031 356,031 356,031 195,712 160,319 93490 Fuel System R&R 100,000 100,000 100,000 33,582 66,418 93493 Marina Restroom Renov 310,885 201,277 201,277 201,277 0 C 93494 Fuel Tank Replacement 350,000 150,000 150,000 99,205 50,795 93495 Dock Construction 70,000 70,000 70,000 70,000 93496 Marine Fac Dredg/Maint 273,529 473,529 473,529 186,123 249,598 37,808 93497 Docks & Seawalls 250,000 250,000 250,000 1,192 248,808 93498 Sailing Ctr Improvements 74,000 74,000 50,000 124,000 66,733 48,986 8,282 17 93499 Pier 60/Sailing Ctr Maint 50,313 50,313 50,313 18,627 31,687 Subtotal 2,447,464 2,337,855 50,300 2,388,155 1,281,421 397,789 708,945 Airpark 94713 Airpark Master Plan Improv 2,543,295 2,723,295 2,723,295 2,427,286 154,394 141,615 94772 Airpark Berm 594,000 594,000 -66,305 527,695 527,695 0 C 20 94817 Airpark Maint & Repair 30,000 30,000 30,000 23,641 6,359 Sub.Total 3,167,295 3,347,295 -66,305 3,280,990 2,978,622 154,394 147,975 Libraries 93521 Books & Othr Lib Mat 4,447,038 4,447,038 4,447,038 4,119,797 327,241 93523 New Main Library 20,336,345 20,369,868 -1,433,000 18,936,868 16,513,923 1,948,457 474,488 18 93525 N Greenwood Library 1,288,397 1,298,632 1,298,632 1,298,632 0 93526 Polaris System Upgrade 60,000 60,000 60,000 52,098 402 7,500 93527 Books & Othr Lib Mat - iI 520,700 520,700 520,700 307,590 3,792 209,319 Sub-Total 26,652,480 26,696,237 -1,433,000 25,263,237 22,292,039 1,952,651 1,018,547 GARAGE 94210 Motor Pool Refurbishment 428,624 115,483 115,483 115,483 0 C 94222 Motorized Equip -Cash 1,293,901 1,293,901 1,293,901 1,135,511 158,389 94227 Motorized Equip - UP 17,722,307 17,722,307 17,722,307 15,966,170 500 1,755,638 94230 Fleet Asset Mgmt Sys 230,702 230,702 230,702 20,000 210,702 94232 Radio User Equip Replcmt 200,000 200,000 200,000 84,206 3,150 112,644 94233 Motorized Equip-Cash II 79,700 79,700 79,700 45,586 9,345 24,769 94234 Motorized Equip - LP iI 3,146,500 3,146,500 3,146,500 899,527 1,502,937 744,036 Sub-Total 23,101,733 22,788,592 0 22,788,592 18,266,482 1,515,932 3,006,177 BUILDING MAINTENANCE 94510 Air Cond Replace-City Wide 1,263,650 1,238,060 1,238,060 793,048 445,012 94512 Roof Repairs 474,235 472,635 472,635 419,719 52,915 94514 Roof Replacements 927,160 898,856 898,856 645,953 39,926 212,977 94517 Painting of Facitities 251,900 244,525 244,525 121,096 123,429 23 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2003 to March 31, 2004 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/03 Prev Qtr Amdmts Budget To Date Encumbr Balance Status Ref Building Maintenance (cont'd) 94518 Fencing of Facilities 66,698 66,698 66,698 39,979 26,720 94519 Flooring for Facilities 579,000 574,642 574,642 432,865 30,458 111,318 94521 Elevator Refurb/Modernization 220,000 220,000 220,000 220,000 94522 B&M Asset Mgmt Sys 120,886 120,886 120,886 20,000 100,886 94523 Bldg & Maint Vehicles 42,880 42,880 11,078 53,958 53,958 0 19 Sub-Total 3,946,408 3,879,182 11,078 3,890,260 2,526,618 70,384 1,293,257 GENERAL PUBLIC BUilDINGS & EQUIPMENT 94612 MSB/City Hall Security 95,000 93,417 93,417 93,417 0 C 94613 2 Color Offset Press/Plate 140,000 140,000 140,000 140,000 Sub-Total 235,000 233,417 0 233,417 93,417 0 140,000 MISCELLANEOUS 94711 Sand Key Power Line 1,400,000 1,400,000 1,400,000 1,208,983 191,017 94714 Downtown Redevelopment 1,761,879 1,759,879 1,759,879 1,311,351 10,400 438,129 94729 City-wide Connect Infra 1,479,750 1,481,333 1,481,333 297,453 19,108 1,164,772 94736 Geographic Information 775,000 764,726 764,726 639,841 33,000 91,885 94738 TeJephone System Replac 1,392,636 1,392,636 1,392,636 1 ,359,495 19,697 13,444 94753 Integrated Doc Mgmt Sys 702,352 702,352 702,352 609,822 50,968 41,563 94757 UtiJ Billing/Cust Info Sys 1,573,270 1,573,270 1,573,270 1,569,670 3,600 94761 Poll Stor Tank RemlRepl-Gen 323,658 323,658 323,658 211,403 2,095 110,160 94765 IMR Development 1,541,788 1,541,788 1,541,788 1,328,987 22,523 190,278 94801 Tidemark Upgrade 772,623 772,623 772,623 490,241 31,227 251,155 94803 Envrnmntl Assmt & Clean-up 579,066 579,066 579,066 104,485 362,829 111,752 94809 Financial Sys Replacement 1 ,450,640 1,050,640 1,050,640 563,754 425,532 61,354 94814 Network Infra & Server Upgr 344,928 355,202 355,202 267,304 87,898 94820 HR Peoplesoft Upgrade 150,000 150,000 150,000 37,188 112,812 94821 Code Inspection Vehicle 14,850 14,850 14,850 14,850 0 C 94822 CCS Printer Room Renovation 25,000 25,000 25,000 20,981 4,019 94823 Neighborhood SVC5 Van 22,000 22,000 22,000 19,143 2,857 94824 IT Disaster Recovery 50,000 50,000 50,000 50,000 94825 Dev SVC5 Vehicle 20,080 20,080 20,080 18,494 1,586 Sub-Total 14,379,519 13,979,104 0 13,979,104 10,054,950 995,872 2,928,282 UTILITIES Stormwater Utility 96103 Stormwater Quality Imp/Prp 2,328,822 2,321,628 2,321,628 2,321,628 0 C 96119 Allen's Ck Wtrshd Rehab 1,820,552 1,817,026 1,817,026 1,817,026 0 C 96120 Alligator Ck Implementation 3,215,033 3,215,033 3,215,033 2,385,192 6,222 823,619 96124 Storm Pipe System Improv 5,156,410 5,179,321 19,941 5,199,262 2,478,268 2,094,248 626,746 21 96125 Prospect lake Park 10,146,544 8,098,449 -143,953 7,954,496 7,316,539 136,613 501,344 22 96129 Stev Ck Estuary Restor 8,537,673 8,537,015 8,537,015 2,046,430 57,897 6,432,688 96130 NPDES 119,170 106,979 106,979 106,979 0 C 96137 FDEP Compliance 1,008,000 1,008,000 1,008,000 1,008,000 96140 Sharkey Rd Drainage Imprv 626,559 462,125 462,125 462,125 0 96141 Kapok Flood Resolution 20,216,537 20,216,547 20,216,547 13,326,980 973,838 5,915,729 96142 Myrtle Ave Drainage Imprvmt 9,355,000 11,515,356 11,515,356 235,136 11,180,309 99,912 96143 N. Beach Neighbrhd Drainage 470,000 587,737 587,737 129,874 457,863 0 96144 Stevensn Crk Impl Projects 4,776,563 5,001,563 5,001,563 918,055 297,653 3,785,855 96148 Well Points & Headers 32,000 23,738 23,738 23,738 0 C 96149 Storm Sys Expansion 2,000,000 1,535,095 1,535,095 329,933 1,205,162 96150 MorningsidelMeadows Drain 575,000 575,000 575,000 63 574,937 96151 Power Screener 200,000 172,841 172,841 172,841 0 C 96152 lake Bellevue Stormwater Imp 2,000,000 2,000,000 2,000,000 4,194 262,523 1,733,283 96153 Allen's CK Neighbhd Flood 600,000 0 0 450 -450 96154 Alligator Ck Implemt - II 1,205,000 2,205,000 2,205,000 11,600 1,053,681 1,139,719 96155 TV Truck & Camera 220,130 220,130 220,130 217,425 2,705 96156 Canterbury Rd Drain Imprvmts 0 600,000 600,000 458,271 141,729 Sub-Total 74,608,994 75,398,582 -124,012 75,274,571 34,087,050 17,196,542 23,990,978 24 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2003 to March 31,2004 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/03 Prev Qtr Amdmts Budget To Date Encumbr Balance Status Ref Water System 96721 System R & R-Maintenance 777,149 755,269 755,269 750,535 442 4,292 96739 Reclaimed Water Dist 31,199,436 35,030,571 35,030,571 23,889,066 3,229,225 7,912,279 96740 Water SupplylTreatment 4,246,089 2,930,782 2,930,782 2,038,130 203,570 689,083 96741 System R & R-Capitalized 5,477,825 7,190,507 7,190,507 3,424,715 2,381,310 1,384,482 96742 Line Relocation-Capitalized 6,364,323 5,414,199 5,414,199 4,344,144 117,220 952,835 96743 Mtr Bkflow Prey Dev/Chang 2,011,898 1,099,182 1,099,182 818,936 280,246 96744 System Expansion 1,546,040 1,249,673 1,249,673 769,076 480,597 96747 Rain Sensor Rebates 185,000 1,791 1,791 1,779 12 96748 Water Treatment Facility 8,339,601 8,444,719 8,444,719 7,689,221 537,590 217,907 96749 Clwr Harbor Transm Main 2,546,833 1,859,270 1,859,270 1,781,112 78,158 96750 Well Rehabilitation 776,375 885,720 885,720 361,467 14,430 509,823 96751 Disinfection Systems 1,290,700 1,019,277 1,019,277 1,016,897 2,381 96752 Water Service Lines 2,109,300 1,808,318 1,808,318 1,201,742 338,939 267,637 96755 Skd Mounted Vac Reclm Sys 83,000 83,000 -58,050 24,950 24,950 0 C 29 96757 Water Pick up Trucks 110,000 110,000 110,000 110,000 96758 Floride in Water System 0 289,780 289,780 59,953 229,827 Sub-Total 67,063.569 68,172,056 -58,050 68,114,006 48,111.769 6,882.679 13,119,558 Sewer System 96604 WPC Major Equip Overhaul 350,000 134,486 -580 133,906 133,906 0 C 24 96605 WWC Interceptor Lines 4,594,000 1,287,856 1,287,856 534,605 217,373 535,878 96606 THM Control 1,700,000 1,578,378 1,578,378 82,782 5,837 1 ,489,760 96608 Rear Easement Swr Clnr 38,000 38,000 -38,000 0 0 C 25 96609 Port CCTV Insp Camera 45,000 45,000 -20 44,980 44,980 0 26 96610 Portable Generator Sets 161,000 161,000 161,000 161,000 96611 Bio-Solids Treatment 4,303,920 644,975 644,975 125,386 342,088 177,501 96612 WWC Trackhoe 24,626 24,626 24,626 24,626 0 C 96613 NE Filter/Marshall Blow MCC 1,869,650 1,830,844 1,830,844 26,910 91,390 1,712,544 96614 IK-Exotic & Invsv Spec Cntrl 0 106,000 106,000 604 105,396 96630 Sanitary Sewer Ext 1,681,149 1,066,194 1,066,194 777,121 5,085 283,988 96634 San Uti I Reloc Accmmdtn 5,153,092 2,545,349 2,545,349 2,313,874 58,866 172,609 96645 Laboratory Upgrade & R&R 660,166 601 ,459 601 ,459 549,092 52,367 96654 Facilities Upgrade & Improv 1,888,355 1,604,536 1,604,536 1,297,451 264,985 42,101 96658 Northeast Improvements 7,934,882 7,646,791 7,646,791 6,808,940 837,851 96664 WPC R & R 3,844,716 4,050,480 580 4,051,060 3,566,256 34,312 450,492 27 96665 Sanitary Sewer R&R 19,624,548 11,746,273 11,746,273 8,905,693 2,799,018 41,561 96670 Poll Stor Tk Remov-WPC 219,000 132,326 132,326 122,326 10,000 96671 Rotary Screen Sludge Thick 153,762 163,312 163,312 153,760 9,552 96676 Telemetry Sys for Lift Sta 340,000 184,160 184,160 160,021 600 23,539 96683 WPC Mstr Plan Ph II FY99/00 240,000 230,280 230,280 230,280 0 C 96685 WPC Master Plan Ph III 1,530,038 1,634,430 1,634,430 1,494,633 2,874 136,924 96686 Pump Station Replacement 9,675,000 7,695,479 7,695,479 3,606,248 2,038,477 2,050,754 96687 Clw Harbor Force Mains 1,440,563 1,464,229 1,464,229 1,451,958 12,271 96693 WWC Force Main Replcmts 2,482,000 2,097,439 2,097,439 1,396,143 482,609 218,687 96694 Manhole & Gravity Line Repl 1,750,000 1,467,551 1,467,551 826,738 430,594 210,219 96695 WWC Lateral Repairs 650,000 103,669 103,669 27,886 75,783 0 96696 WWC Sewer Upgrades 120,000 40,000 40,000 40,000 96697 WWC Pick-up Truck 29,400 29,400 29,400 29,400 96698 WWC GPS Data Collector 30,000 30,000 -30,000 0 0 C 28 Sub-Total 72,532,867 50,384,523 -68,020 50,316,503 34,662,219 6,849,890 8.804.394 Gas System 96358 Environmental Remediation 1,337,335 1,337,335 1,337,335 635,557 30,549 671,228 96365 Line Relocation-Pinell Maint 216,089 216,089 216,089 152,280 30,350 33,459 96367 Gas Meter Change Out-Pin 640,000 640,000 640,000 47,107 592,893 96374 Line Relocation-Pin Capit 2,428,822 2,428,822 2,428,822 1,372,096 147,873 908,854 96376 Line Relocation - Pas Maint 30,000 30,000 30,000 30,000 96377 Pinellas New Main / Ser 6,520,805 6,520,805 6,520,805 4,173,856 205,650 2,141,299 25 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2003 to March 31, 2004 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/03 Prev Qtr Amdmts Budget To Date Encumbr Balance Status Ref Gas System (cont'd) 96378 Pasco New Mains 1 Ser 3,231,782 3,231,782 3,231,782 2,272,856 19,567 939,359 96379 Pasco Gas Mtr Change Out 630,000 630,000 630,000 513 629,487 96380 Gas Forktift 39,641 39,641 39,641 39,641 0 C 96381 Line Reloc-Pasco-Capital 380,000 380,000 380,000 380,000 Sub-Total 15,454,473 15,454,473 0 15,454,473 8,693,906 433,988 6,326,579 Solid Waste 96426 Facility R & R 1,306,752 1,306,752 1,306,752 901,812 404,940 96427 ResidentiaJ Container Acq 2,083,996 1,922,651 1,922,651 1,921,713 938 0 96429 Commercial Container Acq 3,478,708 2,988,078 2,988,078 2,964,263 23,750 65 96438 Vehicle Acquisition 597,961 597,961 597,961 489,545 108,416 96439 Container Screening Pro 329,290 329,290 329,290 17,933 311,358 96440 Improvements to SW Complx 208,785 208,785 208,785 46,898 20,945 140,942 96442 SW Vehicle Replacement 345,000 345,000 345,000 97,891 64,524 182,585 96443 Res Container Acquisition-II 100,000 261,345 261,345 35,130 56,545 169,670 96444 Comm Container Acquisition-II 205,000 695,630 695,630 34,135 86,008 575,487 Sub-Total 8,655,492 8,655,492 0 8,655,492 6,509,319 252,710 1,893,462 Utility Miscellaneous 96516 Citywide Aerial Photo 207,232 173,607 -19,941 153,666 149,533 4,134 23 96521 PW Infra Mgmt System 1,328,369 1,328,369 1,328,369 1,210,445 67,278 50,646 96522 Pub Utilities Adm Building 115,000 94,319 94,319 94,319 0 C 96523 Pub Utilities Adm Bldg R&R 78,000 131,054 131,054 10,610 120,444 Sub-Total 1,728,601 1,727,349 -19,941 1,707,409 1,464,907 67,278 175,224 Recycling 96802 Recycle Bldg/Process Ramp 334,833 334,833 334,833 334,146 687 96804 Recycling Carts/Dumpsters 606,925 606,925 606,925 270,351 8,240 328,334 96805 Recyc Expan/PromlR&R 907,236 907,236 907,236 530,153 2,106 374,976 96806 Recycling Equip Replac 1,668,006 1,668,006 1,668,006 1,113,623 141,926 412,457 96807 Recycling Van Acquisition 151,000 151,000 151,000 146,600 4,400 Sub-Total 3,668,000 3,668,000 0 3,668,000 2,394,873 152,272 1,120,855 486,339,548 467,215,052 -2,212,117 465,002,935 309,802,456 46,939,551 108,260,929 26 Special Program Fund Mid-Year Budget Amendments October 1, 2003 . March 31, 2004 Increasel Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Public Safety Programs Traffic Safety - Record a budget increase of $145.00 in donations to match budgeted 99290 145.00 revenues with actual revenues received. 145.00 Police Volunteers - Record $10,000,00 budget transfer from 181-99356 Safe Neighborhood Program to be used for 2 99316 10,000.00 uniforms and equipment for the volunteers. 10,000.00 Police Education Fund - Record a budget increase of $10,395.00 in Police Education Fines to match budgeted revenues with actual 3 99317 10,395.00 revenues received. 10,395.00 Local Law Enforcement Block Grant 2002- Record a budget increase of $2,729.36 in interest earnings to match budgeted revenues 4 99324 2,729.36 with actual revenues received. 2,729.36 Investigative Recovery Costs. Record a budget increase of $41 ,441.54 in court forfeiture fees to match budgeted revenues 5 99329 41,441.54 with actual revenues received. 41,441.54 Florida Contraband Forfeiture - Record budget increase of $59,579.34 in court forfeiture proceeds to match budgeted revenue with actual revenues received. Also record budget and actual transfers of $225,000.00 to 181-99331 Law Enforcement Trust Fund. The net budget amendment is a 6 99330 59,579.34 (225,000.00) reduction of $165,420.66 (165,420.66) Law Enforcement Trust Fund - Record net budget transfer of $125,000.00 comprising of $225,000.00 budget and actual transfers from 181-99330 Florida Contraband Forfeiture offset by $100,000.00 in budget and actual transfers to 181-99356 Safe Neighborhood 7 99331 125,000.00 Program. 125,000.00 Officer Friendly Program. Record a budget increase of $1,586.00 in donations to match budgeted revenues with actual revenues 8 99332 1,586.00 received. 1,586.00 27 Special Program Fund Mid-Year Budget Amendments October 1, 2003 - March 31, 2004 Increasel Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Vehicle Replacement Fund - Record $4,820.00 budget and actual transfers from 181-99908 Police - Outside Duty. This transfer reflects a portion of the outside duty charge to be used to fund replacement 9 99350 4,820.00 vehicles. 4,820.00 Law Enforcement - Record a $1,020.63 budget increase in interest to match budgeted 10 99354 1,020.63 revenues with actual revenues received. 1,020.63 Safe Neighborhood Program - Record $85,000.00 budget and actual transfers comprising of $75,000.00 to 181-99947 Safe Neighborhood TV Production Specialist and $10,000.00 to 181-99316 Police Volunteers. Also record budget and actual transfers of $100,000.00 from 181-99331 Law Enforcement Trust Fund. The net budget 11 99356 15,000.00 amendment is an increase of $15,000.00. 15,000.00 Federal Forfeiture Sharing - Record a budget increase of $7,977.45 in federal forfeiture revenue to match budgeted 12 99387 7,977.45 revenues with actual revenues received. 7,977.45 13 99947 Safe Neighborhood TV Specialist - Record budget and actual transfers of $75,000.00 from 181-99356 Safe Neighborhood Project to 75,000.00 cover the TV Production Specialist salary. 75,000.00 Public Safety Program Totals: 124,874.32 4,820.00 129,694.32 Community Development 14 99402 Economic Development 2003 - To record a net budget decrease of $157,103.26 comprised of $10,000.00 transfer from 181- 99671 Economic Development 2000 and $4,416.32 from 181-99681 Economic Development 2001 offset by a $171,519.58 budget transfer to 181-99411 Economic Development 2004. These transfers are to close prior year HUD programs and roll balances forward to current fiscal 2004 (157,103.26) programs. (157,103.26) 28 Special Program Fund Mid-Year Budget Amendments October 1, 2003 - March 31, 2004 Increasel Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Housing Rehab 2003 - To record a $232.58 budget transfer from 181-99682 Housing Rehabilitation 2001 to close prior year HUD programs and roll balances forward to current 15 99403 232.58 fiscal 2004 programs. 232.58 Infill Housing 2003 - To record a net budget transfer of $197,500.00 comprised of $12,500.00 to 181-99413 lnfill Housing 2004 and $185,000.00 to 181-99414 Public Facilities and Improvement 2004 to close prior year HUD programs and roll balances forward 16 99404 (197,500.00) to current fiscal 2004 programs. (197,500.00) Public Facilities & Improvement 2003 - To record a net budget transfer of $165,409.26 comprised of $150,000.00 budget transfer from 181-99674 Public Facilities & Improvements 2000, $15,500.00 budget transfer from181-99671 Economic Development 2000, $1.00 budget transfer to 181-99406 Public Services 2003 and $89.74 budget transfer to 181-99414 Public Facilities & Improvements 2004 to close prior year HUD programs and roll balances forward to current 17 99405 165,409.26 fiscal 2004 programs. 165,409.26 Public Services 2003 - To record a $1.00 budget transfer from 181-99405 Public Facilities & Improvements 2003 to close prior year HUD programs and roll balances forward 18 99406 1.00 to current fiscal 2004 programs. 1.00 Program Administration 2003 - To record a $48,564.00 budget transfer to 181-99416 Program Administration 2004 to close prior year HUD programs and roll balances forward 19 99407 (48,564.00) to current fiscal 2004 programs. (48,564.00) Fair Housing 2003 - To record a $1,457.13 budget transfer to 181-99417 Fair Housing 2004 to close prior year HUD programs and roll balances forward to current fiscal 2004 20 99408 (1,457.13) programs. (1,457.13) Demolition 2003 - To record a $16,725.00 budget transfer to 181-99419 Demolition 2004 to close prior year HUD programs and roll balances forward to current fiscal 2004 21 99409 (16,725.00) programs. (16,725.00) 29 Special Program Fund Mid-Year Budget Amendments October 1, 2003 - March 31, 2004 Increasel Amdmt Project (Decrease) Number Number Amount Intrafund Transfer Amount Description 22 Relocation 2003 - To record a $25,177.31 budget transfer to 181-99418 Relocation 2004 to close prior year HUD programs and roll balance forward to current fiscal 2004 (25,177.31) programs. 99410 23 Economic Development 2004 - To record a $62,000.00 transfer from 181-99671 Economic Development 2000 and a $171,519.58 transfer from 181-99402 Economic Development 2003 to close prior year HUD programs and roll balances forward to current fiscal 2004 programs; to record a $209,310.85 budget decrease to match budgeted revenues to equal program income revenues received for fiscal years 2000 thru 2003; and to record a $195,000 transfer from 181-99412 Housing Rehab 2004 and a $110,000 transfer from 181- 99413 lnfill Housing 2004 to reflect the reallocation of program income earned for fiscal years 2000 thru 2004. The net budget (209,310.85) 538,519.58 amendment is an increase of $329,208.73. 99411 24 99412 Housing Rehab 2004 - To record a $26,382.34 budget transfer from 181-99652 Housing Rehabilitation 1998 and $7,944.04 budget transfer from 181-99682 Housing Rehabilitation 2001 to close prior year HUD programs and roll balances forward to current fiscal 2004 programs; to record a $251,907.68 budget increase to match budgeted revenues to actual program income revenues received for fiscal years 2000 thru 2004; and to record a $195,000 budget transfer to 181-99411 Economic Development 2004, reflecting the reallocation of program income earned for fiscal years 2000 thru 2004. The net budget 251,907.68 (160,673.62) amendment is an increase of $91,234.06. 30 Net Budget Amendment (25,177.31 ) 329,208.73 91,234.06 Special Program Fund Mid-Year Budget Amendments October 1, 2003 - March 31, 2004 Increasel Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Infill Housing 2004 - To record a $12,500.00 budget transfer from 181-99404 Infill Housing 2003 to close prior year HUD programs and roll balances forward to current fiscal 2004 programs; to record a $458,414.06 budget increase to match budgeted revenues to actual program income revenues for fiscal years 2000 thru 2003; to record a $150,000 budget transfer to 181-99414 Public Facilities & Improvements 2004; and to record a $110,000 budget transfer to 181-99411 Economic Development 2004, reflecting the reallocation of program income earned for fiscal years 2000 thru 2004. The net budget 25 99413 458,414.06 (247,500.00) amendment is an increase of $210,914.06. 210,914.06 26 99414 Public Fac & Improvements 2004 - To record budget transfers of $519.13 from 181- 99674 Public Facilities & Improvements 2000, $97.20 from 181-99693 Public Facilities & Improvements 2002, $89.74 from 181-99405 Public Facilities and Improvements 2003, and $185,000.00 from 181-99404 Infill Housing 2003 to close prior year HUD programs and roll balances forward to current fiscal 2004 programs; and to record a $150,000 budget transfer from 181-99413 lnfill Housing 2004, reflecting the reallocation of Infill Housing program income earned during fiscal years 2000 thru 2004. Also reflects a $34,084.25 budget increase from unallocated Transportation Impact Fees from the Special Development Fund to use for the Downtown Wayfinding Project. Approved by City Council May 20, 2004.The total budget increase is 34,084.25 335,706.07 $369,790.32. 369,790.32 27 99416 Program Administration 2004 - To record a $138,336.74 budget transfer comprised of $55,196.95 from 181-99686 Program Administration 2001, $491.54 from 181-99676 Program Administration 2000, and $48,564.00 from 181-99407 Program Administration 2003 to close prior year HUD programs and roll balances forward to current fiscal 2004 104,252.49 programs. 104,252.49 31 Special Program Fund Mid-Year Budget Amendments October 1, 2003 - March 31, 2004 Increasel Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Fair Housing 2004 - To record a $10,509.63 budget transfer comprised of $481.20 budget transfer from 181-99677 Fair Housing 2000, $8,571.30 budget transfer from 181-99696 Fair Housing 2002, and $1,457.13 budget transfer from 181-99408 Fair Housing 2003 to close prior year HUD programs and roll balances forward to current fiscal 2004 28 99417 10,509.63 programs. 10,509.63 Relocation 2004 - To record a $25,177.31 budget transfer from 181-99410 Relocation 2003 to close prior year HUD programs and roll balances forward to current fiscal 2004 29 99418 25,177.31 programs. 25,177.31 Demolition 2004 - To record a $21,712.00 budget transfer comprised of $16,725.00 from 181-99409 Demolition 2003 and $4,987.00 from 181-99688 Demolition 2001 to close prior year HUD programs and roll balances forward 30 99419 21,712.00 to current fiscal 2004 programs. 21,712.00 Economic Development - To record a $49,157.22 budget transfer from 181-99652 Housing Rehabilitation 1998 to close prior year HUD programs and roll balances forward 31 99651 49,157.22 to current fiscal 2004 programs. 49,157.22 Housing Rehabilitation '98 - To record a $116,518.35 budget transfer comprised of $49,157.22 budget transfer to 181-99651 Economic Development '97, $26,382.34 budget transfer to 181-99412 Housing Rehab 2004, $33,411.29 budget transfer to 181- 99663 Home Ownership '99, and $7,567.50 budget transfer to 181-99670 Housing Relocation 2000 to close prior year HUD programs and roll balances forward to current 32 99652 (116,518.35) fiscal 2004 programs. (116,518.35) Housing Rehabilitation '99 - To record a $5,812.98 budget transfer to 181-99691 Housing Rehab 2002 to close prior year HUD programs and roll balances forward to current 33 99662 (5,812.98) fiscal 2004 programs. (5,812.98) Home Ownership '99 - To record a $33,411.29 budget transfer from 181-99652 Housing Rehabilitation '98 to close prior year HUD programs and roll balances forward to 34 99663 33,411.29 current fiscal 2004 programs. 33,411.29 32 Special Program Fund Mid-Year Budget Amendments October 1, 2003 . March 31, 2004 Increasel Amdmt Project (Decrease) Number Number Amount Intrafund Transfer Amount Description Net Budget Amendment 99670 Housing Relocation 2000 . To record a $7,567.50 budget transfer from 181-99652 Housing Rehabilitation '98 to close prior year HUD programs and roll balances forward to current fiscal 2004 programs. 7,567.50 35 7,567.50 Economic Development 2000. To record a $146,318.05 budget transfer comprised of $62,000.00 budget transfer to 181-99411 Economic Development 2004, $15,500.00 budget transfer to 181-99405 Public Facilities & Improvements 2003, $10,000.00 budget transfer to 181-99402 Economic Development 2003, $17,846.05 budget transfer to 181- 99694 Public Services 2002, $12,446.02 budget transfer to 181-99673 Infill Housing 2000, and $28,525.97 budget transfer to 181- 99672 Housing Rehabilitation 2000 to close prior year HUD programs and roll balances 36 99671 (146,318.04) forward to current fiscal 2004 programs. (146,318.04) Housing Rehabilitation 2000 . To record a $28,525.97 budget transfer from 181-99671 Economic Development 2000 to close prior year HUD programs and roll balances forward 37 99672 28,525.97 to current fiscal 2004 programs. 28,525.97 Infill Housing 2000. To record a $21,377.72 net budget transfer comprised of $12,446.02 budget transfer from 181-99671 Economic Development 2000, $9,231.70 budget transfer from 181-99676 Program Administration 2000 offset by a $300.00 budget transfer to 181- 99692 lnfill Housing 2002. These transfers will close prior year HUD programs and roll balances forward to current fiscal 2004 38 99673 21,377.72 programs. 21,377.72 Public Facilities & Improv 2000 . To record a $157,327.00 budget transfer comprised of $150,000.00 budget transfer to 181-99405 Public Facilities & Improvements 2003, $6,807.87 budget transfer to 181-99694 Public Services 2002, and $519.13 budget transfer to 181-99414 Public Facilities & Improvements 2004 to close prior year HUD programs and roll balances forward to current fiscal 2004 39 99674 (157,327.00) programs. (157,327.00) 33 Special Program Fund Mid-Year Budget Amendments October 1, 2003 - March 31, 2004 Increasel Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Public Services 2000 - To record a $27.16 budget transfer to 181-99694 Public Services 2002 to close prior year HUD programs and roll balances forward to current fiscal 2004 40 99675 (27.16) programs. (27.16) Program Administration 2000 - To record a $24,453.50 budget transfer comprised of $9,908.15 budget transfer to 181-99695 Program Administration 2002, $9,231.70 budget transfer to 181-99673 Infill Housing 2000, $491.54 budget transfer to 181-99416 Program Administration 2004, and $4,822.11 budget transfer to 181-99678 Demolition 2000 to close prior year HUD programs and roll balances forward to current fiscal 2004 41 99676 (24,453.50) programs. (24,453.50) Fair Housing 2000 - To record a $481.20 budget transfer to 181-99417 Fair Housing 2004 to close prior year HUD programs and roll balances forward to current fiscal 2004 42 99677 (481.20) programs. (481.20) Demolition 2000 - To record a $4,822.11 budget transfer from 181-99676 Program Administration 2000 to close prior year HUD programs and roll balances forward to current 43 99678 4,822.11 fiscal 2004 programs. 4,822.11 Housing Relocation 2001 - To record a $11,967,00 budget transfer from 181-99682 Housing Rehabilitation 2001 to close prior year HUD programs and roll balances forward to 44 99680 11,967.00 current fiscal 2004 programs. 11,967.00 Economic Development 2001 - To record a $27,360.77 budget transfer comprised of a $4,416.32 budget transfer to 181-99402 Economic Development 2003 and $22,944.45 budget transfer to 181-99683 Infill Housing 2001 to close prior year HUD programs and roll balances forward to current fiscal 2004 45 99681 (27,360.77) programs. (27,360.77) Housing Rehabilitation 2001 - To record a $29,482.97 budget transfer comprised of a $11,967.00 budget transfer to 181-99680 Housing Relocation 2001, $232.58 budget transfer to 181-99403 Housing Rehab 2003, $582.46 budget transfer to 181-99692 Infill Housing 2002, $8,756.89 budget transfer to 181-99691 Housing Rehabilitation 2002, and $7,944.04 budget transfer to 181-99412 Housing Rehabilitation 2004 to close prior year HUD programs and roll balances forward to 46 99682 (29,482.97) current fiscal 2004 programs. (29,482.97) 34 Special Program Fund Mid-Year Budget Amendments October 1, 2003 - March 31, 2004 Increasel Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Infill Housing 2001 - To record a $31,082.41 budget transfer comprised of $22,944.45 from 181-99681 Economic Development 2001and $8,137.96 from 181-99685 Public Services 2001 to close prior year HUD programs and roll balances forward to current fiscal 2004 47 99683 31,082.41 programs. 31,082.41 Public Facilities & Improvements 2001 - To record a $3,908.90 budget transfer from 181- 99685 Public Services 2001 to close prior year HUD programs and roll balances forward to 48 99684 3,908.90 current fiscal 2004 programs. 3,908.90 Public Services 2001 - To record a $23,607.45 budget transfer comprised of $3,908.90 budget transfer to 181-99684 Public Facilities & Improvements 2001, $11,560.59 budget transfer to 181-99694 Public Services 2002, and $8,137.96 budgettransfer to 181- 99683 lnfill Housing 2001 to close prior year HUD programs and roll balances forward to 49 99685 (23,607.45) current fiscal 2004 programs. (23,607.45) Program Administration 2001 - To record a $55,196.95 budget transfer to 181-99416 Program Administration 2004 to close prior year HUD programs and roll balances forward 50 99686 (55,196.95) to current fiscal 2004 programs. (55,196.95) Demolition 2001 - To record a $4,987.00 budget transfer to 181-99419 Demolition 2004 to close prior year HUD programs and roll balances forward to current fiscal 2004 51 99688 (4,987.00) programs. (4,987.00) Economic Development 2002 - To record a $58,108.24 budget transfer to 181-99691 Housing Rehab 2002 to close prior year HUD programs and roll balances forward to current 52 99690 (58,108.24) fiscal 2004 programs. (58,108.24) Housing Rehab 2002 - To record a $72,678.11 budget transfer comprised of $5,812.98 budget transfer from 181-99662 Housing Rehabilitation '99, $8,756.89 budget transfer from 181-99682 Housing Rehabilitation 2001, and $58,108.24 budget transfer from 181-99690 Economic Development 2002 to close prior year HUD programs and roll balances forward to current 53 99691 72,678.11 fiscal 2004 programs. 72,678.11 35 Special Program Fund Mid-Year Budget Amendments October 1, 2003 - March 31, 2004 Increasel Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Infill Housing 2002 - To record a $1,719.80 budget transfer comprised of $837.34 budget transfer from 181-99693 Public Facilities & Improvements 2002, $582.46 budget transfer from 181-99682 Housing Rehabilitation 2001, and $300.00 budget transfer from 181-99673 Infill Housing 2000 to close prior year HUD programs and roll balances forward to current 54 99692 1,719.80 fiscal 2004 programs. 1,719.80 Public Facilities & Improvements 2002 - To record a $3,949.03 budget transfer comprised of $837.34 budget transfer to 181-996921nfill Housing 2002, $3,014.49 budget transfer to 181-99694 Public Services 2002, and $97.20 budget transfer to 181-99414 Public Facilities & Improvements 2004 to close prior year HUD programs and roll balances forward to current 55 99693 (3,949.03) fiscal 2004 programs. (3,949.03) Public Services 2002 - To record a $39,256.16 budget transfer comprised of $17,846,05 budget transfer from 181-99671 Economic Development 2000, $3,014.49 budget transfer from 181-99693 Public Facilities & Improvements 2002, $6,807.87 budget transfer from 181-99674 Public Facilities & Improvements 2000, $27.16 budget transfer from 181-99675 Public Services 2000, and $11,560.59 budget transfer from 181-99685 Public Services 2001 to close prior year HUD programs and roll balances forward to current fiscal 2004 56 99694 39,256.16 programs. 39,256.16 Program Administration 2002 - To record a $9,908.15 budget transfer from 181-99676 Program Administration 2000 to close prior year HUD programs and roll balances forward 57 99695 9,908.15 to current fiscal 2004 programs. 9,908.15 Fair Housing 2002 - To record a $8,571.30 budget transfer to 181-99417 Fair Housing 2004 to close prior year HUD programs and roll balances forward to current fiscal 2004 58 99696 (8,571,30) programs. (8,571.30) Community Development Programs Totals: 535,095.14 0.00 535,095.14 36 Special Program Fund Mid-Year Budget Amendments October 1, 2003 - March 31, 2004 Increasel Amdmt Project (Decrease) Number Number Amount Miscellaneous Programs: Intrafund Transfer Amount Description Net Budget Amendment 59 99838 237,876.21 Special Events YR 03-04 - Record a $237,876.21 budget increase representing $208,159.81 in sales, $4,325.00 in donations, $1,400.00 in memberships registrations, and $23,991.40 in rentals to match budgeted revenues with actual revenues received. 237,876.21 60 99871 855.23 State Brownfield Redevelopment - Record a $855.23 budget increase in interest earned to match budgeted revenues with actual revenues received. 855.23 Police - Outside Duty - Record a $128,655.00 budget increase representing $133,475.00 in contractual services to match budgeted revenues with actual revenues received offset by $4,820.00 budget and actual transfers to 181-99350 Vehicle Replacement Fund. This transfer reflects a portion of the outside duty charge to be used 61 99908 133,475.00 (4,820.00) to fund replacement vehicles. 128,655.00 library Special Account - Record a $296.88 budget donation increase to match budgeted 62 99910 296.88 revenues with actual revenues received. 296.88 Moccasin lake Nature Park - Record a $272.78 budget sales increase to match budgeted revenues with actual revenues 63 99941 272.78 received. 272.78 Park & Recreation Specified & Gift Program - Record a $16,583.07 budget increase representing $12,315.90 in sales, $2,460.74 in donations, $176.19 in admissions, $1,432.45 in memberships registrations and $197.79 in rentals to match budgeted revenues with actual revenues 64 99962 16,583.07 received. 16,583.07 Economic Development Incentive Project - Record a $26,704.68 budget increase representing $5,344.28 in interest earnings and $21,360.40 from Community Redevelopment Agency to match budgeted revenues with actual revenues received. These funds are being used to fund parking incentives for downtown redevelopment and 65 99963 26,704.68 investment. 26,704.68 37 Special Program Fund Mid-Year Budget Amendments October 1, 2003 - March 31, 2004 Increase/ Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Mainstreet Program. Record a $384.61 budget increase in interest earnings to match budgeted revenues with actual revenues 66 99978 384.61 received. 384.61 EMS Incentive/Recognition. Record a budget increase of $7,325.00 representing funds received from Pinellas County paid to the Fire Department for EMS Services performed above standards outlined in the 67 99982 7,325.00 County EMS contract. 7,325.00 Florida Wild Fire Support - Record a $16,047.66 budget increase representing funds received from the State of Florida for reimbursement of wild fire support to match budgeted revenues with actual revenues 68 99985 16,047.66 received. 16,047.66 Mediterranean Village . Record CRA revenue in the amount of $115,483.00 to match budgeted revenues with actual revenues received. The funds will be used to fund the second year commitments to pay impact and permit fees associated with Phase 69 99986 115,483.00 2. 115,483.00 Safety Village. Record a $200.00 budget increase in donations to match budgeted 70 99998 200.00 revenues with actual revenues received. 200.00 Miscellaneous Programs Total: 555,504.12 (4,820.00) 550,684.12 Grand Totals: 1,215,473.58 0.00 1,215,473.58 38 SPECIAL PROGRAM STATUS SUMMARY MID YEAR REVIEW: October 1, 2003 to March 31, 2004 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/2003 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref PLANNING PROGRAMS 99128 Countrywide Consistency Grant 45,050 45,050 0 45,050 33,910 0 11,140 99139 Downtown Clw Design Guidelines 10,000 10,000 0 10,000 10,000 0 0 C 99140 Special Planning Design & Eval 65,000 0 0 0 0 0 0 C 99141 Historic District Evaluation 0 40,000 0 40,000 0 0 40,000 99142 Design Review 0 10,000 0 10,000 0 0 10,000 99143 Enclave Annexation 0 15,000 0 15,000 0 0 15,000 Sub-Total 120,050 120,050 0 120,050 43,910 0 76,140 PUBLIC SAFETY PROGRAMS 99290 Traffic Safety 0 800 145 945 386 0 559 99291 COPS Homeland Security 0 333,246 0 333,246 87,778 0 245,468 99292 Operacion Apoyo Hispano 2004 0 97,966 0 97,966 26,830 0 71,136 99293 Clearwater Youth Alcohol Initiative 0 6,350 0 6,350 0 0 6,350 99294 Downtown Patrol 300,000 0 0 0 0 0 0 C 99295 Jasmine Courts 100,000 100,000 0 100,000 66,853 0 33,147 99296 Violent Crime & Drug Control 45,000 45,000 0 45,000 19,540 0 25,460 99297 Clearwater DUI Enforcement Prgn 40,200 39,051 0 39,051 39,051 0 0 C 99298 Opera cion Apoyo Hispano 2003 96,126 93,333 0 93,333 93,333 0 0 C 99300 VOCA 2004 0 38,528 0 38,528 21,039 0 17 ,489 99301 VOCA 2003 36,980 40,407 0 40,407 40,407 0 0 C 99305 Bullet Proof Vest 02 1,518 1,596 0 1,596 1,596 0 0 C 99310 K-9 Equipment 18,258 18,258 0 18,258 16,864 0 1,394 99316 Police Volunteers 27,500 39,500 10,000 49,500 31,512 40 17 ,948 2 99317 Police Education Fund 856,717 872,089 10,395 882,484 795,230 38,559 48,695 3 99323 Weed & Seed 2001 175,000 175,000 0 175,000 170,907 0 4,093 99324 LLEBG FY02 228,724 231,003 2,729 233,732 71,929 99,577 62,226 4 99325 Citizen's Police Academy 29,113 29,113 0 29,113 23,193 0 5,920 99328 VOCA 2002 37,511 37,511 0 37,511 36,658 0 853 99329 Investigative Recovery Costs 932,192 1,028,374 41 ,442 1,069,815 768,263 162 301,390 5 99330 FL Contraband Forfeiture Fnd 435,440 565,183 (165,421 ) 399,762 364,088 0 35,674 6 99331 Law Enforcement Trust Fd '91 2,103,201 1,970,502 125,000 2,095,502 1,938,982 949 155,571 7 99332 Officer Friendly Program 103,121 110,507 1,586 112,093 96,668 1,815 13,610 8 99334 Nghbhd Police Homeless 997,800 997,800 0 997,800 1,000,914 10,779 (13,893) 99335 Operation Apoyo Hispanic 86,666 84,727 0 84,727 78,907 0 5,820 99339 COPS Technology Grant 748,350 749,899 0 749,899 743,672 0 6,227 99348 LLEBG 2002 286,357 287,519 0 287,519 287,519 0 0 C 99350 Vehicle Replacement Fund 14,900 18,840 4,820 23,660 0 0 23,660 9 99353 DUI Education Program 3,000 3,000 0 3,000 1,420 0 1,580 99354 Law Enforcement 0 171,897 1,021 172,918 0 607 172,311 10 99356 Safe Neighborhood Program 220,645 208,645 15,000 223,645 162,355 0 61,290 11 99363 DUI Equipment Fund 19,000 19,000 0 19,000 18,889 0 111 99364 Crime Prevention Program 1,230 1,230 0 1,230 1,191 0 39 99387 Federal Forfeiture Sharing 202,623 254,263 7,977 262,240 172,392 0 89,848 12 99489 Americops 302,379 302,379 0 302,379 280,506 0 21,873 99938 Homeless Shelter 891,333 918,461 0 918,461 818,461 0 100,000 99947 Safe Neighborhood TV Specialist 263,647 263,647 75,000 338,647 278,507 0 60,140 13 9,604,531 10,154,624 129,694 10,284,319 8,555,840 152,488 1,575,991 COMMUNITY DEVELOPMENT 99402 Economic Development 2003 201,469 201,469 (157,103) 44,366 44,366 0 0 14 99403 Housing Rehab 2003 100,000 100,000 233 100,233 100,233 0 0 15 99404 Infill Housing 2003 197,500 197,500 (197,500) 0 0 0 0 16 99405 Public Fac & Improvements 2003 275,829 275,829 165,409 441,238 413,147 28,091 0 17 99406 Public Services 2003 241,164 241,164 1 241,165 241,165 0 0 18 99407 Program Admin 2003 225,400 225,400 (48,564) 176,836 176,836 0 0 19 99408 Fair Housing 2003 10,000 10,000 (1,457) 8,543 8,543 0 0 20 39 SPECIAL PROGRAM STATUS SUMMARY MID YEAR REVIEW: October 1, 2003 to March 31, 2004 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/2003 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref 99409 Demolition 2003 20,000 20,000 (16,725) 3,275 3,275 0 0 21 99410 Relocation 2003 25,238 25,238 (25,177) 61 61 0 0 22 99411 Economic Development 2004 95,000 95,000 329,209 424,209 32,078 6,500 385,631 23 99412 Housing Rehab 2004 25,000 25,000 91,234 116,234 22,356 0 93,878 24 99413 Infill Housing 2004 25,000 25,000 210,914 235,914 0 0 235,914 25 99414 Public Fac & Imprvmts 2004 443,000 443,000 369,790 812,790 103,631 139,524 569,636 26 99415 Public Services 2004 177 ,000 177,000 0 177,000 143,767 33,233 0 99416 Program Administration 2004 224,000 224,000 104,252 328,252 77,835 0 250,418 27 99417 Fair Housing 2004 12,000 12,000 10,510 22,510 2,323 9,677 10,509 28 99418 Relocation 20,000 20,000 25,177 45,177 0 0 45,177 29 99419 Demolition 20,000 20,000 21,712 41,712 7,368 7,205 27,139 30 99433 Infill Housing '97 561 ,486 561,486 0 561,486 561,486 0 0 99651 Economic Development 50,696 50,696 49,157 99,853 99,853 0 0 31 99652 Housing Rehabilitation 171,344 171,344 (116,518) 54,826 (49,157) 0 103,983 32 99653 Infill Housing '98 209,815 209,815 0 209,815 209,815 0 0 99661 Economic Development '99 163,655 163,655 0 163,655 163,655 0 0 99662 Housing Rehabilitation '99 43,959 43,959 (5,813) 38,146 38,146 0 0 33 99663 Home Ownership '99 67,832 67,832 33,411 101,243 68,282 0 32,961 34 99670 Housing Relocation 2000 0 0 7,568 7,568 7,568 0 0 35 99671 Economic Development 2000 165,000 165,000 (146,318) 18,682 18,682 0 0 36 99672 Housing Rehabilitation 2000 93,725 93,725 28,526 122,251 122,251 0 0 37 99673 Infill Housing 2000 0 0 21,378 21,378 21,378 0 0 38 99674 Public Facilities & Improv 2000 270,525 270,525 (157,327) 113,198 113,198 0 0 39 99675 Public Services 2000 150,750 150,750 (27) 150,723 150,723 0 0 40 99676 Program Administration 2000 219,000 219,000 (24,453) 194,547 194,547 0 0 41 99677 Fair Housing 2000 14,000 14,000 (481) 13,519 13,519 0 0 42 99678 Demolition 2000 4,743 4,743 4,822 9,565 9,565 0 0 43 99680 Housing Relocation 2001 6,233 6,233 11,967 18,200 18,200 0 0 44 99681 Economic Dvlopmt 2001 207,862 207,862 (27,361) 180,501 180,501 0 0 45 99682 Housing Rehabilitation 2001 74,424 74,424 (29,483) 44,941 44,941 0 0 46 99683 Infilling Housing 2001 0 0 31,082 31,082 31,082 0 0 47 99684 Public Facilities & Imprmts 2001 382,550 382,550 3,909 386,459 386,459 0 0 48 99685 Public Svces 2001 159,031 159,031 (23,607) 135,424 135,424 0 0 49 99686 Program Adm 2001 255,710 255,710 (55,197) 200,513 200,513 0 0 50 99688 Demolition 2001 4,987 4,987 (4,987) 0 0 0 0 51 99690 Economic Development 2002 318,811 318,811 (58,108) 260,703 225,703 0 35,000 52 99691 Housing Rehab 2002 26,415 26,415 72,678 99,093 99,093 0 0 53 99692 Infill Housing 2002 0 0 1,720 1,720 1,720 0 0 54 99693 Public Fac & Improvements 294,883 294,883 (3,949) 290,934 173,484 0 117 ,450 55 99694 Public Services 2002 150,902 150,902 39,256 190,158 190,158 0 0 56 99695 Program Adm 2002 205,800 205,800 9,908 215,708 215,708 0 0 57 99696 Fair Housing 2002 31,000 31,000 (8,571) 22,429 22,429 0 0 58 6,642,738 6,642,738 535,095 7,177,834 5,045,906 224,230 1,907,701 SOCIAL SERVICES 99538 Affordable Housing Imp Fees 432,676 432,676 0 432,676 132,236 0 300,440 99557 Code Enforcement-N Gmwd '96 66,488 66,488 0 66,488 0 0 66,488 99559 EEOC Charge Resolution 230,690 230,690 0 230,690 224,190 0 6,500 99560 HUD Fair Housing Assistance 107,200 107,200 0 107,200 97,200 0 10,000 99562 HUD Special Education 30,000 30,000 0 30,000 25,000 0 5,000 99564 Youth VIP Program 31,250 31,250 0 31,250 18,750 0 12,500 99565 JWB - Teen Camp 35,160 35,160 0 35,160 35,160 0 0 C 99598 Challenge Loan Guarantee Fd 80,757 80,757 0 80,757 0 0 80,757 99599 Infill Housing Developmt Pgm 475,194 475,194 0 475,194 209,136 0 266,058 Sub-Total 1,489,415 1,489,415 0 1,489,415 741,672 0 747,743 40 SPECIAL PROGRAM STATUS SUMMARY MID YEAR REVIEW: October 1, 2003 to March 31, 2004 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/2003 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref MARINE 99704 Sembler Mitigation Project 518,403 535,224 0 535,224 0 0 535,224 99707 Beach Guard Donations 12,395 14,394 0 14,394 14,169 0 225 99710 CLW Marine Aquarium Imprmnts 50,000 50,000 0 50,000 0 0 50,000 Sub-Total 580,798 599,619 0 599,619 14,169 0 585,449 MISCELLANEOUS PROGRAMS 99801 Brownfield Remediation 307,483 307,483 0 307,483 300,000 0 7,483 99802 Brownfield Revolving Loan 500,000 500,000 0 500,000 57,813 0 442,187 99803 Long Center Sinking Fund 287,260 287,260 0 287,260 280,926 2,950 3,385 99804 City Manager's Flexibility Fund 360,442 360,442 0 360,442 223,679 1,525 135,239 99813 CPR Doll Donation 1,000 1,000 0 1,000 985 0 15 99815 Cert Grant 22,012 18,261 0 18,261 18,261 0 0 C 99821 JWB-Joe DiMaggio Teen 2001 80,507 114,743 0 114,743 88,434 0 26,309 99822 JWB-Norton Teen 2001 80,507 113,109 0 113,109 87,870 0 25,239 99827 United Way 2002 1,500 1,500 0 1,500 1,420 0 80 99828 Vulnerability Assessment 115,000 115,000 0 115,000 33,047 0 81,953 99830 Clw Pedestrian/Bike Coordinator 52,787 85,441 0 85,441 68,158 0 17,283 99831 JWB - Kings Highway 2003 41,200 8,724 0 8,724 8,724 0 0 C 99832 JWB - Ross Norton 2003 11,000 9,411 0 9,411 9,411 0 0 C 99833 JWB - N. Greenwood 2003 11,000 41,732 0 41,732 41,732 0 0 C 99834 Neighborhood Svces Grants 50,000 50,000 0 50,000 0 0 50,000 99835 JWB Programmer N. Greenwood 13,333 50,040 0 50,040 27,584 0 22,456 99837 Federal EPA Assessment 0 400,000 0 400,000 3,668 180,012 216,321 99838 Special Events FY 03-04 70,000 481,661 237,876 719,537 439,818 104,388 175,331 59 99840 Cert Grant 2004 0 10,000 0 10,000 5,805 0 4,195 99871 State Brownfields Redevelopment 136,325 138,285 855 139,140 11,173 3,350 124,617 60 99898 Fire Dept Honor Guard 3,950 4,325 0 4,325 3,339 0 986 99899 GASB34 Implementation 88,000 138,000 0 138,000 0 0 138,000 99903 FROG Reissue Program 10,667 10,689 0 10,689 7,989 0 2,700 99908 Police - Outside Duty 1,637,861 1,795,679 128,655 1,924,334 2,013,548 0 (89,214) 61 99910 Library Special Account 333,111 335,685 297 335,981 274,930 4,500 56,551 62 99919 Waste Tire Grant 352,168 364,442 0 364,442 358,704 0 5,738 99925 Peg Access Support 525,000 689,898 0 689,898 453,102 4,623 232,172 99927 Emergency Operation 276,772 276,772 0 276,772 0 0 276,772 99928 Nagano Sister City Program 55,329 55,329 0 55,329 46,760 0 8,569 99931 Folk Art Festival 132,682 132,682 0 132,682 119,601 0 13,081 99939 Brownfield - Federal 500,000 500,000 0 500,000 290,761 80,194 129,045 99941 Moccasin Lake Nature Park 92,276 92,811 273 93,084 88,892 0 4,192 63 99950 lOB Fees 54,131 54,131 0 54,131 32,830 0 21,301 99954 Special Events 3,356,600 3,431,956 0 3,431,956 3,431,956 0 0 C 99959 Safety Village Upgrade 14,785 14,785 0 14,785 10,589 0 4,196 99962 Parks & Rec Gift Giving Pgm 993,071 1,033,057 16,583 1,049,640 984,875 540 64,225 64 99963 Econ Dev Incentive Program 228,366 228,366 26,704 255,070 51,358 0 203,712 65 99964 Sand Key Beach Vegetation 151,242 151,242 0 151,242 134,290 0 16,952 99966 Integrated Disability Mgmt Assmnt 80,000 80,000 0 80,000 40,000 0 40,000 99968 Cleveland Street Maintenance 49,000 49,000 0 49,000 20,509 0 28,491 99970 Tree Replacement Project 443,808 569,127 0 569,127 430,962 1,203 136,963 99977 Greenwood Ecodev 70,000 35,000 0 35,000 35,000 0 0 C 99978 Mainstreet Program 11,853 11,853 385 12,238 0 0 12,238 66 99979 Historical Facade Program 48,329 80,521 0 80,521 53,086 0 27,435 99982 EMS Incentive/Recognition 22,925 22,950 7,325 30,275 9,421 0 20,854 67 99983 Local Mitigation Strategy 50,000 50,000 0 50,000 27,552 253 22,196 99985 FI Wild Fire Support 23,273 23,273 16,048 39,321 23,273 0 16,048 68 99986 Mediterranean Village 345,298 345,298 115,483 460,781 225,510 71,833 163,439 69 99988 Increment Revenue - IMR 179,238 302,402 0 302,402 0 0 302,402 41 SPECIAL PROGRAM STATUS SUMMARY MID YEAR REVIEW: October 1, 2003 to March 31, 2004 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/2003 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref 99991 Trailer Pk Fire 65,000 65,000 0 65,000 0 0 65,000 99992 Fire Prevention 15,000 15,000 0 15,000 0 0 15,000 99993 Sailing Center Donations 27,815 27,815 0 27,815 27,815 0 0 C 99995 Water Conservation Devices 100,000 100,000 0 100,000 77,475 0 22,525 99997 Main Library Field Trust 115,571 115,571 0 115,571 0 0 115,571 99998 Safety Village 22,566 22,991 200 23,191 21,315 0 1,876 70 12,617,045 14,319,743 550,683 14,870,426 11,003,951 455,369 3,411,106 TOTAL ALL PROJECTS 31,054,577 33,326,188 1,215,474 34,541,662 25,405,447 832,087 8,304,130 42 Revenues Development Impact Fees Recreation Facility Impact Fees Recreation Land Impact Fees City of Clearwater SPECIAL DEVELOPMENT FUND Mid Year Amendments FY 2003/04 Increasel (Decrease) Description The budget amendment reflects an adjustment to bring budget in line with actual anticipated receipts based upon six months of ($60,000) activity. The budget amendment reflects an adjustment to bring budget in line with actual anticipated receipts based upon six months of $1 0,000 activity. The budget amendment reflects an adjustment to bring budget in line with actual anticipated receipts based upon six months of $80,000 activity. The budget amendments reflect the return of Penny for Pinellas Funds from completed projects. Sand Key Fire Station, 315-91238, reflects the return of $430,717.65 and the North Greenwood Recreation Complex, 315- 93239, reflects the return of $844.57. In addition, $280,000 is returned from the Downtown Streetscape project, 315-92269, which reflects the return of $280,000 due to the receipt of a grant from FDOT. These funds are now returned for reappropriation to $711,562 other projects. Transfer In from Capital Improvement Fund Expenditures Transfer to Special Program Fund $ 741,562 Net Revenue Amendments $34,084 $34,084 The amendment reflects the transfer of unallocated Transportation Impact Fees to Special Program Fund Project 181-99414, Public Facilities & Improvements to support the contract for the "Clearwater Signage and Wayfinding Downtown District" as approved by the City Council on 5/20/04. Net Expenditure Amendments 43 SPECIAL REVENUE FUNDS Mid Year: October 1, 2003. March 30, 2004 Original First Quarter Mid Year Budget Amended Budget Amended Budget 2003/04 2003/04 2003/04 Amendments SPECIAL DEVELOPMENT FUND Revenues: Ad Valorem Taxes 2,219,690 2,219,690 2,219,690 Infrastructure Tax 9,533,000 9,533,000 9,533,000 County Reimbursement - Fire Tax 101,590 101,590 101,590 Development Impact Fees 75,000 75,000 15,000 (60,000) Interest Earnings 220,000 220,000 220,000 Open Space Fees 120,240 120,240 120,240 Recreation Facility Impact Fees 15,880 15,880 25,880 10,000 Recreation Land Impact Fees 14,860 14,860 94,860 80,000 Transportation Impact 274,270 274,270 274,270 Local Option Gas Tax 919,590 919,590 919,590 Appropriation of Designated Reserves 2,356,880 2,356,880 2,356,880 Appropriation of Undesignated Reserves 550,000 1,013,076 1,013,076 Transfer-In from Capital Improvement Fund 0 34,300 745,862 711,562 16,401,000 16,898,376 17,639,938 741,562 Expenditures: Transfer to Capital Improvement Fund Road Millage 2,219,690 2,219,690 2,219,690 Infrastructure Tax 4,560,000 4,560,000 4,560,000 Development Impact Fees 261,270 261,270 261,270 Recreation Facility Impact Fees 81,000 121,076 121,076 Transportation Impact fees 290,000 290,000 324,084 34,084 Local Option Gas Tax 950,000 950,000 950,000 Undesignated Special Development Fund 550,000 973,000 973,000 Debt Service on Penny for Pinellas Bonds 7,032,350 7,032,350 7,032,350 15,944,310 16,407,386 16,441,470 34,084 44 SPECIAL REVENUE FUNDS Mid Year: October 1, 2003. March 30, 2004 Original First Quarter Mid Year Budget Amended Budget Amended Budget 2003/04 2003/04 2003/04 Amendments SPECIAL PROGRAM FUND Revenues: CDBG Grant 1,180,000 1,180,000 1,180,000 Home Funds 592,680 592,680 592,680 Grant Funds 0 1,082,355 1,082,355 Program Income - CDBG Loans 0 0 501,011 501,011 Police Fines and Court Proceeds 0 349,978 476,696 126,718 Donations 0 205,549 214,563 9,014 Sales 0 205,785 426,533 220,748 Rentals 0 6,354 30,543 24,189 Sponsorships 0 273,015 273,015 Admissions 0 3,295 3,471 176 Memberships/Registrations 0 12,794 15,626 2,832 Contractual Services 0 161,758 295,233 133,475 Interest Earnings 100,000 140,436 172,131 31,695 General Fund 0 -250,000 -250,000 Community Redevelopment Agency 0 153,164 268,647 115,483 Transportation Impact Fees 0 0 34,084 34,084 Florida State Reimbursement 0 0 16,048 16,048 Transfers from General Fund Sister City Program 3,000 3,000 3,000 City Manager's Feasibility Fund 100,000 100,000 100,000 Neighborhhod Grants 25,000 25,000 25,000 Special Event Funding 70,000 70,000 70,000 Homeless Shelter Program 100,000 127,128 127,128 Americorp COPS - Matching Funds 40,000 40,000 40,000 2,210,680 4,482,291 5,697,765 1,215,474 Expenditures: CDBG Grant 1,180,000 1,180,000 1,715,095 535,095 Home Program 592,680 592,680 592,680 Grant Proceeds 0 671,552 671,552 Planning 0 0 0 Public Safety 0 519,024 777,373 258,349 Marine 0 18,821 18,821 Sister City Program 3,000 3,000 3,000 City Manager's Feasibility Fund 100,000 100,000 100,000 Neighborhoods Grants 25,000 25,000 25,000 Special Event Funding 70,000 557,017 794,893 237,876 Homeless Shelter Program 100,000 127,128 127,128 Americorp COPS - Matching Funds 40,000 40,000 40,000 Other Miscellaneous Programs 0 548,069 732,222 184,153 2,110,680 4,382,291 5,597,765 1,215,474 LOCAL HOUSING ASSISTANCE TRUST FUND Revenues: SHIP Funds 900,000 900,000 900,000 Expenditures: SHIP Program 900,000 900,000 900,000 900,000 900,000 900,000 0 45 City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS Mid Year Review FY 2003/04 In accordance with City of Clearwater Code Section 2.564(2), the City Manager may approve and execute change orders without City Council approval within certain limitations. The following change order have been administratively approved since the last report to the Council based on the code specified criteria: 03/03/04 03/09/04 03/22/04 03/25/04 04/01/04 1. Increases do not exceed 10% over Council approved amount on a cumulative basis. 2. Change does not change the scope of a project. 3. Price increases do not require additional appropriation to the project. 4. Contract price decreases may be approved without limitation. 5. The time for completion may not be extended by more than sixty (60) days, in anyone change or cumulatively for the same project. ***** Administrative Change Order No. 1 & Final - Clearwater Mall Fire and Rescue Station #49 (02-0099-FD). This change order decreases the contract by $94,259.48 for the unused portion of the contingency fee that was not required in completing this project. GLE Construction Services, Inc. -$94,259.48 Administrative Change Order No. 2 & Final - Beach Pump Stations Improvements Phase 2 - Pump Stations #20 & 35 Refurbishment (99-0074-UT). This change order increases the contract by $102,581.42 for additional work required due to unexpected conditions encountered in completing this contract. Westra Construction Corporation $102,581.42 Administrative Change Order No. 10 & Final - North Greenwood Reclaimed Water & Corridor Enhancements (01-0029-EN). This change order increases the contract by $89,699.92 for actual quantities of some supplies used and decreases the contract by $196,375.00 for other supply quantities used or not needed to complete the contract. The net change is a decrease of$106,675.08 to the contract amount. Steve's Excavating, Inc. -$106,675.08 Administrative Change Order No. 1 & Final - Corporate Airplane Hangar@ Clearwater Airpark (02-0051-AP), This change order increases the contract by $45,888.37 for actual quantities of some supplies used and decreases the contract by $62,851.33 for other supply quantities used or not needed to complete the contract. The net change is a decrease of$16,962.96 to the contract amount. The change order also extended the completion date of the project by six days. Caladesi Construction Company -$16,962.96 Administrative Change Order No.1 - Eddie C. Moore 8 & 9 (PR-9320I). This change order increases the contract by $33,877.48 for additional work and supplies used on the project. Brandon Construction Company $33,877.48 46 04/15/04 04/15/04 04/19/04 04/29/04 04/30/04 05/14/04 City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS Mid Year Review FY 2003/04 Administrative Change Order No. 1 & Final - Stevenson Creek Pump Station #2 Force Main & Gas Main Replacement (02-0095-UT). This change order decreases the contract by $47,300.00 to reflect actual quantities of supplies used to complete the contract. R. Roese Contracting Company, Inc. -$47,300.00 Administrative Change Order No. I - 2003 Sanitary Manhole Rehabilitation (03-0027-UT). This change order decreases the contract by $24,190.75 to reflect actual supplies quantities used to complete the project. Brandon Construction Company -$24,190.75 Administrative Change Order No. I & Final- Grounds Maintenance Building @ Countryside Recreation Center (02-0086-PR). This change order increases the contract by $5,890.70 for actual quantities used of some supplies and decreases the contract by $7,323.35 to reflect actual quantities of other supplies used or items not needed to complete the contract. The net change is a $1,432.65 decrease to the contract amount. David Gerald Construction Company, Inc. -$1,432.65 Administrative Change Order No. 1 - North Beach Drainage Improvement (02- 0007-EN). This change order increases the contract by $39,556.00 for additional work needed to restore the roadway after storm drainage work. Keystone Excavators, Inc. $39,556.00 Administrative Change Order No.6 & Final- Mandalay Avenue / Papaya Street / San Marco Reconstruction (99-0098-EN). This change order increases the contract by $147,182.85 for actual quantities used of some supplies and decreases the contract by $386,051.87 to reflect actual quantities of other supplies used or items not needed to complete the contract. The net change is a $238,869.02 decrease to the contract amount. Keystone Excavators, Inc. -$238,869.02 Administrative Change Order No.1 - Canterbury Road Drainage Improvements (02-0090-EN). This change order increases the contract by $10,212,00 for additional work that was not part of the contract and decreases the contract by $10,212.00 for a portion of the contingency fee. The change order also grants a time extension of four (4) days. There is no net change to the contract amount as a result of this change order. Caladesi Construction Company, Inc. $0.00 47 ORDINANCE NO. 7308-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2004 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, WATER & SEWER FUND, GAS FUND, SOLID WASTE FUND, RECYCLING FUND, MARINE & AVIATION FUND, HARBORVIEW CENTER FUND AND GARAGE FUND, AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2004, for operating purposes, including debt service, was adopted by Ordinance No. 7188-03; and WHEREAS, at the Mid-Year Review it was found that increases and decreases are necessary in the total amount of $4,996,396 for revenues and $3,822,898 for expenditures; and WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked Exhibit A; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 1 of Ordinance No. 7188-03 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2003 and ending September 30, 2004 a copy of which is on file with the City Clerk, the City Council hereby adopts an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst, Mayor Approved as to form: Attest: Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk 48 Ordinance No. 7308-04 EXHIBIT A 2003-04 BUDGET REVENUE First Quarter Mid Year Original Amended Amended Budget Budget Budget 2003/04 2003/04 2003/04 Amendments General Fund: Property Taxes 34,773,010 34,773,010 34,773,010 Sales Tax 14,230,580 14,230,580 14,230,580 Franchise Fees 7,100,000 7,100,000 7,100,000 Utility Taxes 10,661,090 10,661,090 10,661,090 Licenses & Permits 3,601,650 3,601,650 3,601,650 Fines, Forfeitures or Penalties 1,541,820 1 ,541 ,820 1,541,820 Intergovernmental Revenue 9,689,670 9,689,670 9,689,670 Charges for Services 3,764,430 3,582,810 3,592,810 10,000 Use and Sale of City Property and Money 1 ,113,480 1,203,480 1,203,480 Miscellaneous Revenues 158,700 158,700 158,700 Interfund Transfer 12,573,500 12,886,420 12,886,420 Transfer from Surplus 0 527,420 547,420 20,000 Total, General Fund 99,207,930 99,956,650 99,986,650 30,000 Special Revenue Funds: Special Development 16,401,000 16,898,376 17,639,938 741,562 Special Program Fund 2,210,680 4,482,291 5,697,765 1,215,474 Local Housing Asst Trust Fund 900,000 900,000 900,000 Utility & Other Enterprise Funds: Water & Sewer Fund 49,174,000 59,245,740 59,245,740 Stormwater Utility Fund 9,765,770 9,765,770 9,765,770 Solid Waste Fund 16,384,500 16,434,500 16,563,000 128,500 Gas Fund 30,042,460 30,039,460 32,775,860 2,736,400 Recycling Fund 2,390,200 2,425,200 2,467,400 42,200 Marine and Aviation Fund 3,260,770 3,334,380 3,400,680 66,300 Parking Fund 4,490,260 4,490,260 4,490,260 Harborview Center Fund 1 ,844,850 2,130,980 2,131,940 960 Internal Service Funds: Administrative Services Fund 8,492,560 8,492,560 8,492,560 General Services Fund 3,445,080 3,445,080 3,445,080 Garage Fund 9,484,630 9,901,920 9,936,920 35,000 Central Insurance Fund 16,881,260 17,383,260 17,383,260 Total, All Funds 274,375,950 289,326,427 294,322,823 4,996,396 Ordinance #7308-04 49 EXHIBIT A (Continued) 2003-04 BUDGET EXPENDITURES First Quarter Mid Year Original Amended Amended Budget Budget Budget 2003/04 2003/04 2003/04 Amendments General Fund: City Commission 280,800 280,800 280,800 City Manager's Office 800,610 800,610 820,610 20,000 City Attorney's Office 1,402,730 1,402,730 1,402,730 City Audit 137,070 137,070 137,070 Development & Neighborhood Svcs 3,524,080 3,524,080 3,524,080 Economic Development & Housing Svc 1,546,940 1,546,940 1.546,940 Equity Services 473,410 473,410 473,410 Finance 1,987,480 1,987,480 1,987,480 Fire 17,716,880 17,716,880 17,716,880 Human Resources 1,161,610 1,211,610 1,211,610 Library 5,422,400 5,422,400 5,422,400 Marine & Aviation 436,570 436,570 446,570 10,000 Non-Departmental 3,805,450 4,121,790 4,121,790 Office of Management & Budget 296,500 296,500 296,500 Official Records & Legislative Svcs 1,214,150 1,214,150 1,214,150 Parks & Recreation 18,037,250 18,045,630 18,045,630 Planning 1,167,890 1,167,890 1.167,890 Police 29,772,010 30,146,010 30,146,010 Public Communications 929,530 929,530 929,530 Public Works Administration 9,094,570 9,094,570 9.094,570 Total, General Fund 99,207,930 99,956,650 99,986,650 30,000 Special Revenue Funds: Special Development Fund 15,944,310 16,407,386 16,441,470 34,084 Special Program Fund 2,110,680 4,382,291 5,597,765 1,215,474 Local Housing Asst Trust Fund 900,000 900,000 900,000 Utility & Other Enterprise Funds: Water & Sewer Fund 46,061,120 54,609,530 54,4 74,890 -134,640 Stormwater Utility Fund 7,840,940 7,840,940 7,840,940 Solid Waste Fund 16,184,650 16,234,330 16,354,330 120,000 Gas Fund 28,912,550 28,962,760 31,443,410 2,480,650 Recycling Fund 2,317,000 2,352,000 2,393,370 41,370 Marine and Aviation Fund 3,186,240 3,186,240 3,186,240 Parking Fund 3,923,940 4,128,940 4,128,940 Harborview Center Fund 1,844,850 1,930,220 1,931,180 960 Internal Service Funds: Administrative Services Fund 8,435,890 8,435,890 8,435,890 General Services Fund 3,444,720 3,444,720 3,444,720 Garage Fund 9,480,730 9,584,880 9,619,880 35,000 Central Insurance Fund 15,694,470 16,194,470 16,194,470 0 Total, All Funds 265,490,020 278,551,247 282.374,145 3,822,898 Ordinance #7308-04 50 ORDINANCE NO. 7309-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2004, TO REFLECT A NET DECREASE OF $2,212,117 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2004 was adopted by Ordinance No. 7189-03; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Section 1 of Ordinance No. 7189-03 is amended to read: Pursuant to the Mid-Year Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2003 and ending September 30, 2004, a copy of which is on file with the City Clerk, the City Council hereby adopts a Mid-Year Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Ordinance #7309-04 51 EXHIBIT A CAP IT AL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2003/04 First Qtr Mid Year Original Amended Amended Budget Budget Budget 2003/04 2003/04 2003/04 Amendments Police Protection 147,330 113,030 113,030 Fire Protection 852,970 852,970 422,252 -430,718 New Street Construction 0 -302,353 -302,353 Major Street Maintenance 6,949,690 7,152,345 6,859,369 -292,976 Sidewalks and Bike Trails 2,029,870 2,698,070 2,698,070 Intersections 671,270 690,820 867,627 176,807 Parking 350,000 940,654 864,413 -76,242 Miscellaneous Engineering 35,000 455,759 863,564 407,805 Park Development 5,765,500 5,995,576 5,706,731 -288,845 Marine Facilities 255,000 145,392 195,692 50,300 Aviation Facilities 10,000 190,000 123,695 -66,305 Libraries 520,700 564,458 -868,542 -1,433,000 Garage 3,561,200 3,248,059 3,248,059 Maintenance of Buildings 643,780 576,554 587,632 11,078 General Public Buildings & Equipment 140,000 138,417 138,417 Miscellaneous 372,080 -28,336 -28,336 Stormwater Utility 6,092,130 6,881,719 6,757,707 -124,012 Gas System 2,815,000 2,815,000 2,815,000 Solid Waste 550,000 550,000 550,000 Utilities Miscellaneous 124,230 122,978 103,038 -19,941 Sewer System 10,962,000 -11,186,344 -11,254,364 -68,020 Water System 6,463,000 7,571,488 7,513,438 -58,050 Recycling 220,000 220,000 220,000 TOTAL 49,530,750 30,406,255 28,194,138 -2,212,117 52 Ordinance # 7309-04 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2003/04 First Qtr Mid Year Original Amended Amended Budget Budget Budget 2003/04 2003/04 2003/04 Amendments GENERAL SOURCES: General Operating Revenue 1,499,400 1,576,482 1 ,441 ,482 -135,000 General Revenue/County Co-op 520,700 520,700 520,700 Special Development Fund 550,000 973,000 973,000 Community Redevelopment Agency 0 -1,999 -1,999 Road Millage 2,219,690 2,219,690 2,219,690 Recreation Facility Impact Fee 81,000 121,076 121,076 Transportation Impact Fees 290,000 290,000 290,000 Penny for Pinellas 4,560,000 4,525,700 3,814,138 -711,562 Development Impact Fees 261,270 261,270 261 ,270 Local Option Gas Tax 950,000 950,000 950,000 Grants - Other Agencies 5,954,870 6,786,620 7,157,537 370,917 Donations 0 110,235 -1,187,765 -1,298,000 Interest 0 33,522 34,241 719 SELF SUPPORTING FUNDS: Marine/Aviation Revenue 150,000 76,392 10,087 -66,305 Parking Revenue 350,000 350,000 351,800 1,800 Harborview Center Revenue 50,000 50,000 50,000 Water Revenue 281,410 4,439,494 4,439,494 Sewer Revenue 238,410 5,350,085 5,350,085 Water Impact Fees 220,000 -76,367 -76,367 Water R & R 985,000 2,445,549 2,445,549 Sewer Impact Fees 200,000 -414,955 -414,955 Sewer R&R 1,058,000 7,620,636 7,620,636 Gas Revenue 2,855,000 2,855,000 2,855,000 Solid Waste Revenue 450,000 450,000 450,000 Recycling Revenue 90,000 90,000 90,000 Stormwater Utility 47,410 -127,590 -127,590 Grants 0 -1,479,142 -1,623,095 -143,953 Sales 0 10 10 Donations 0 0 300 300 53 Ordinance # 7309-04 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2003/04 First Qtr Mid Year Original Amended Amended Budget Budget Budget 2003/04 2003/04 2003/04 Amendments INTERNAL SERVICE FUNDS: Garage Fund 79,700 -233,441 -233,441 Garage Fund Retained Earnings 135,000 135,000 135,000 Admin Services Fund 75,000 75,000 75,000 General Services Retained Earnings 56,000 56,000 56,000 Central Insurance Fund 0 500,000 500,000 BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 767,380 749,759 711,759 -38,000 Internal Loan 0 -900,000 -900,000 SELF-SUPPORTING FUNDS: Lease Purchase - Parking 0 590,654 512,613 -78,042 Lease Purchase - Water 60,000 60,000 1,950 -58,050 Lease Purchase - Sewer 96,000 96,000 27,980 -68,020 Lease Purchase - Stormwater Utility 220,130 184,709 184,709 Lease Purchase - Solid Waste 100,000 100,000 100,000 Lease Purchase - Recycling 130,000 130,000 130,000 Bond Issue - Water & Sewer 14,398,000 -20,684,213 -20,684,213 Bond Issue - Stormwater 5,872,000 5,872,000 5,872,000 INTERNAL SERVICE FUNDS: Lease Purchase - Garage 3,346,500 3,346,500 3,346,500 Lease Purchase - Administrative Svcs 290,000 290,000 290,000 Lease Purchase - General Services 42,880 42,880 53,958 11,078 TOTAL ALL FUNDING SOURCES: 49,530,750 30,406,255 28,194,138 -2,212,117 54 Ordinance # 7309-04 I City Council ~.~~jt~~d!@"Covel2...~.~~~c!!,~-:!.d~I1!.~_,@ FN , J~.~ Tracking Number: 621 Actual Date: 06/17/2004 Subject / Recommendation: Pass on first reading Ordinance 7279-04, authorizing the City Manager to reduce bond requirements under limited circumstances where the city's liability is less than the full contract price and authorize acceptance of alternate forms of surity. Summary: The code of Ordinances currently requires a performance bond and payment bond, or a contract bond issued by a surity company licensed in Florida, in an amount at least equal to the contract price when deemed necessary to protect the best interests of the city. No other form of surity is authorized. A performance bond is required to protect the city's financial interest in completion of a project. A payment bond protects the city's interest in making sure that payment is made for materials required and the work of sub-contractors. The cost of a performance bond and a payment bond is typically 1.5% to 3% of the total contract award. This cost is passed back to the city in the bidding process. Many firms are unwilling or unable to commit bonding in that amount for the contract period. In limited circumstances, such as the installation of gas mains and service lines, the city's potential liability is reduced since the contractor does not utilize the work of sub-contractors and all materials are supplied by the city. Payment is not an issue in this contract. The total award for the current year is $700,000. Individual work orders for the previous year range from a few hundred dollars to $26,920, with the average work order being $977. Approval will allow for alternate forms of security, such as cash, money orders, certified checks, cashier's checks, an irrevocable letter of credit, or a security of a type list in Section 255, Florida Statute. Approval will increase competition and continue to prOVide sufficient protection of the city's financial interests. Originating: Finance Section Other items on City Manager Reports Category: Code Amendments, Ordinances and Resolutions Financial Information: Review Approval Georae McKibben 05-24-2004 14:43: 12 Cvndie Goudeau 06-07-2004 08:11:37 Marcie Simmons 05-24-2004 17:24:00 Garrv Brumback Pam Akin Bill Horne City Council ~_"~ ~.g~~*da Cover Me~!!!~!~ nd u m ""<~uuu~'u_". 06-04-2004 09: 17: 14 05-25-2004 12:22:58 06-05-2004 12:54:41 ORDINANCE NO. 7279-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO PURCHASES OVER $50,000.00, AMENDING CHAPTER 2, ADMINISTRATION, DIVISION 3, SUBDIVISION II, PURCHASE OF COMMODITIES, SERVICES, AND PUBLIC WORKS CONTRACTS, SECTION 2.561 (6), PERFORMANCE AND PAYMENT BONDS, CODE OF ORDINANCES; PROVIDING FOR SECURITY IN LIEU OF PERFORMANCE AND PAYMENT BONDS AND ALLOWING FOR PERFORMANCE AND PAYMENT BONDS IN AN AMOUNT LESSER THAN THE FULL CONTRACT PRICE WHERE POTENTIAL EXPOSURE OF THE CITY IS DETERMINED TO BE AN AMOUNT LESSER THAN THE FULL CONTRACT AMOUNT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Code of Ordinances currently permits discretion in requiring a performance and payment bond before entering into a contract, but dictates that where a performance and payment bond is required, it must be for an amount at least equal to the contract price or higher, where necessary to protect interests if the city; and WHEREAS, the Code of Ordinances does not expressly allow for forms of security in lieu of a performance or payment bond; and WHEREAS, Florida Statutes S 255.05 (7) permits alternative forms of security as specified therein and allows for the value of such other security to be determined by the appropriate city or political subdivision, as long as the purposes of the section and the same conditions applicable to a bond as dictated by Section 255, F.S., are achieved; and WHEREAS, such discretion expands the pool of contractors qualifying as responsive/responsible bidders, creates competition and results in reduced costs flowing to the City, it has been determined to be in the best interest of the City of Clearwater to allow for same; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Chapter 2, Administration, Division 3, Subdivision II, Purchase of Commodities, Services, and Public Works Contracts, Code of Ordinances is amended to read as follows: Sec. 2.561. Purchases over $50,000.00. Except as otherwise provided in this division, the purchase of commodities or services of an estimated value over $50,000 shall be by purchase order and/or other written contract with the vendor submitting the lowest responsible bid whose bid has been solicited, received and approved, pursuant to the following procedures: Ordinance No. 7279-04 * * * * (6) Performance and payment bonds. A performance bond and a payment bond, or a "contract bond" combining the elements of a performance and a payment bond, issued by a surety company licensed to do business in Florida, may be required before entering into a contract, in an amount at least equal to the contract price or such higher amount as may be found reasonably necessary to protect the best interests of the city except, in limited circumstances. such as incremental services contracts or blanket purchase orders. where it has been determined by the department director that the potential liability resultina from the performance or payment under the contract is an amount less than the full contract price. The department director shall obtain the approval of the city manaaer to require a bond for less than the full contract price before proceedina with the bid process. If such bond is required, the form and amount of the bond shall be described in the notice inviting bids. Bonds required hereunder shall be subiect to all other provisions of this section and the Code. (7) Security in lieu of Performance and Payment Bonds. In lieu of the bond required by this section. a contractor may file with the city. an alternative form of security in the form of cash. a money order. a certified check. a cashier's check. an irrevocable letter of credit. or a security of a type listed in part II. chapter 625 of the Florida Statutes. Any such alternative form of security shall be for the same purpose and be subiect to the same conditions as those applicable to the bond required hereunder. The determination of the value of the alternative form of security shall be made by the appropriate representative of the city as described above. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Laura Lipowski Assistant City Attorney Cynthia E. Goudeau City Clerk 2 Ordinance No. 7279-04 City Council ,~g"~,-:!!!!~"~~.~.~~~"~!!!~!~-:!"!!~!!!w..,"W EN G q Tracking Number: 597 Actual Date: 06/17/2004 Subject / Recommendation: Approve a Highway Landscape Reimbursement and Maintenance Memorandum of Agreement with the Florida Department of Transportation, District Seven in the amount of $712,600.00, so that aesthetic improvements can be made to a portion of SR 60 and Adopt Resolution No. 04-13 authorizing execution of said Highway Landscape Maintenance Memorandum of Agreement, Summary: The City of Clearwater desires to improve and beautify the right-of-way area for S.R. 60 from Memorial Causeway 770 feet west of the intercoastal waterway bridge to Chestnut Street at Palm Avenue, and to Court Street at Oak Avenue. The State of Florida Department of Transportation, District Seven, has allocated funds for landscape improvements in conjunction with the construction or reconstruction of State Road 60 and the Memorial Causeway Bridge, under FP #257093-1-54-01, and is authorized pursuant to Section 334.044, Florida Statutes, to reimburse the City for eligible landscape expenditures. The amount available for this project is $712,600.00. A third quarter amendment will be made to increase CIP 315-93210, Memorial Landscape & Beautification by $712,600.00. The City of Clearwater will produce final planting plans, details and technical specifications for and install the project landscape improvements. Following the execution of this agreement, the City has ninety calendar days to submit landscape plans and specifications to the FDOT for approval. Upon installation of the landscape improvements, the City has agreed to maintain the same at its sole expense and in a reasonable manner. The City currently has resources in the Parks and Recreation Department budget that have been allocated to maintain the Memorial Causeway. The Parks and Recreation Department will need to re-evaluate resources needed for the project once the design has been completed. The revitalization and landscape enhancements of Court Street will leave a positive impression on visitors and residents alike. The Department of Transportation requires this Memorandum of Agreement to allow landscaping within their right-of-way. Oriqinatinq: Engineering Section Other items on City Manager Reports Categorv: Code Amendments, Ordinances and Resolutions Number of Hard Copies attached: 0 Public Hearing: No Financial Information: 1d..3 City Council ........ ......~g~!!.<!!..!~!?~.~.~....~<.~.!!!ora n!!!!...!!! Review Approval Glen Bahnick 05-17-2004 15:21: 14 Glen Bahnick 05-24-2004 10:23:34 Garry Brumback 06-03-2004 15:24: 16 Glen Bahnick 05-19-2004 08:46: 10 Brvan Ruff 05-24-2004 12:22:49 Bill Horne 06-05-2004 12:57: 14 Glen Bahnick 05-20-2004 10:03:02 Cyndie Goudeau 06-07-2004 08: 10:02 RESOLUTION NO. 04-13 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING EXECUTION OF A HIGHWAY LANDSCAPE REIMBURSEMENT AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR A PORTION OF STATE ROAD 60 WHEREAS, the City of Clearwater desires to improve and beautify the right-of- way area for S.R. 60 from Memorial Causeway 770 feet west of the intercoastal waterway bridge to Chestnut Street at Palm Avenue, and to Court Street at Oak Avenue in the City of Clearwater, Pinellas County, Florida; and WHEREAS, the State of Florida Department of Transportation has allocated funds for landscape improvements in conjunction with the construction or reconstruction of the Project Highway, under FP #257093-1-54-01, and is authorized pursuant to Section 334.044, Florida Statutes, to reimburse the City for eligible landscape expenditures; and WHEREAS, upon installation of the landscape improvements, The City has agreed to maintain the same at its sole expense and in a reasonable manner; and WHEREAS, the City of Clearwater authorizes entering into a Highway Landscape Reimbursement and Maintenance Memorandum of Agreement with the State of Florida Department of Transportation; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. The City Council is hereby authorized to execute a Highway Reimbursement and Maintenance Memorandum of Agreement for a portion of S.R. 60 Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of 2004. Brian J. Aungst Mayor Approved as to form: Attest: Bryan D. Ruff Assistant City Attorney Cynthia E. Goudeau City Clerk Resolution No. 04-12 Re: ErJ6 CJ ~. 1~.3 HLRMOA 01-04 DISTRICT SEVEN HIGHWAY LANDSCAPE REIMBURSEMENT AND MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into as of the _ day of ,2004, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the "Department" and the CITY OF CLEARWATER, a municipal corporation of the State of Florida, existing under the Laws of Florida, hereinafter called the "City". WITNESSETH WHEREAS, the Department intends to construct or otherwise reconstruct and improve State Road 60 right-of-way from Memorial Causeway 770 feet west of the bridge to Chestnut Street at Palm Avenue, and to Court Street at Oak Avenue in Pinellas County, Florida (the "Project Highway"); and WHEREAS, the Department has allocated funds for landscape improvements in conjunction with the construction or reconstruction of the Project Highway, under FP# 257093- 1-54-01, and is authorized pursuant to Section 334.044, Florida Statutes, to reimburse the City for eligible landscape expenditures; and WHEREAS, upon installation of the landscape improvements, the City has agreed to maintain the same at its sole expense and in a reasonable manner; and WHEREAS, the City by Resolution No. , a copy of which is attached hereto as Exhibit "A", has authorized its officers to execute this Agreement on its behalf. NOW, THEREFORE and in consideration of the mutual benefits that flow each to the other, the parties covenant and agree as follows: 1. SUBMITTALS a. The City shall produce plans for and install landscape improvements on those areas of the Project Highway as depicted in the Landscape Plans and Specifications to be attached hereto and incorporated herein as Exhibit "B". All work conducted in connection with plans production and installation oflandscape materials shall hereinafter be referred to as the "Project". b. Final planting plans, details and technical specifications shall be prepared in conformance with Section 481.329(7), Florida Statutes, Florida Administrative Code Rule 14-40, all applicable requirements of the Highway Landscape, Beautification and Plan Review Procedure (Topic No. 650-050-001), and shall be based on the District's current roadway plan. c. Not later than ninety calendar days following the execution of this Agreement and receipt of federal authorization, the City shall submit to the Department seven copies of the landscape plans and specifications, five signed and properly executed copies of the Highway Landscape Maintenance Memorandum of Agreement, and three copies of the following attachments: the project schedule, letters of no conflict from all utilities within the project limits, a project maintenance plan, and a project cost estimate. If the City desires to work closer than fifteen feet to the edge of pavement or close a traffic lane, a Maintenance of Traffic Plan must be included in the submittal. Within three weeks of the receipt of review comments by the Department, the City shall revise all documents required herein in accordance with the Department's comments and submit two copies of the revised documents for the Department's written approval. Within one week of receipt of Department approval, the City shall submit seven copies of the approved Plans and Specifications to the Department. Failure of the City to submit any of the required documents within the time periods herein may be cause for termination of this Agreement. d. If any of the submittals of the City pursuant to Paragraph I.e. are rejected by the Department and returned to the City for revisions or changes, such documents must be approved and resubmitted to the Department not later than one hundred fifty calendar days following the execution of this Agreement or receipt of federal authorization. If such documents are not resubmitted as approved by this date, the Department may terminate this Agreement, including its obligation to reimburse any monies expended for the Project except for those approved expenditures for design ofthe project. e. All notices, demands, requests or other instruments shall be given by depositing the same in the U.S. Mail, postage prepaid, registered or certified with return receipt requested. (I) If to the Department, address to District Landscape Architect, at Florida Department of Transportation, MS 7-1200, 11201 N. McKinley Drive, Tampa, Florida 33612-6456 or at such other address as the Department may from time to time designate by written notice to the City; and (2) If to the City address to Ms. Mashid D. Arasteh, P.E., Public Works Administrator, City of Clearwater, Post Office Box 4748, Clearwater, Florida 33758-4748 or at such other address as the City from time to time designates by written notice to the Department. All time limits provided hereunder shall run from the date of receipt of all such notices, demand requests and other instruments. 2. INSTALLATION a. The City shall not commence Project installation until the Department has accepted the roadway construction project and issued a Notice to Proceed. Said Notice shall contain the project completion date. In no event shall a Notice to Proceed be issued until the Department has approved all the documents provided for in Paragraph I.c. The City shall notify the District Landscape Manager (DLM) ten working days and the Local Maintenance Engineer 48 hours prior to commencing work on the Project site. b. The City shall have Maintenance of Traffic certified personnel supervise the set up and operation of Maintenance of Traffic devices at the Project site. All installations and construction performed pursuant to this grant shall be performed in accordance with all applicable laws, rules, 20f9 procedures and guidelines of the Department including Maintenance of Traffic regulations and all provisions of this agreement. In the event that any installations are at any time determined by the Department to be not in conformance with the applicable requirements, or are determined to be interfering with the safe and efficient operation of any transportation facility, or are otherwise determined to present a danger to public health, safety, or welfare, said installation shall be immediately brought into departmental compliance at the sole cost and expense of the City. c. If the City fails to complete the installation of the Project by the completion date set forth in the Notice to Proceed or abandons the Project, the Department shall provide the City with written notice of its intent to terminate this Agreement unless the condition resulting in such notice is corrected. If the City fails to respond or take corrective action within the prescribed time period set forth in the notice, the Department may terminate the Agreement as provided for in Paragraph 6.a.(1), including its obligation to reimburse any monies expended for the Project except for those portions of the Project already completed by the City and accepted by the Department. d. Upon certification of completion by Landscape Official acting on behalf of the City, and subsequent inspection and acceptance of the Project in writing by the Department's Landscape Architect, the Project shall be subject to a ninety calendar day establishment period. 3. BILLING and PAYMENT a. Upon completion of the ninety-calendar day establishment period and final acceptance of the Project by the Department, the City shall, within one hundred eighty calendar days, furnish the Department with three signed originals of its final and complete billing of all eligible costs incurred in connection with the Project. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. The invoice shall show the description and site of the Project; the date on which the first work was performed or the date on which the earliest billed expense was incurred; the date on which the last work was performed or the last item of billed expense was incurred; and the location where records and accounts billed can be audited. b. The Department shall reimburse the City in an amount not to exceed $712,600 Dollars and No Cents for all eligible expenditures for the professional design, purchase and installation of Project improvements as identified in Exhibit "B". Reimbursement for design expenditures shall not exceed ten percent of the total reimbursement amount. The Department's obligation to reimburse the City shall be subject to: (I) legislative approval of the Department's appropriation request for the work program year in which the Project is scheduled to be committed; (2) the City's installation of the Project in accordance with the approved documents; and (3) Department acceptance of the Project after the ninety calendar day establishment period. c. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (904) 488-2924 or by calling the State Comptroller's Hotline, 1-800-843-3792. The interest penalty for delay in payment shall be in accordance with Section 30f9 215.422(3)(b), Florida Statutes. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at any time during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the City's general accounting records, together with supporting documents and records, of the City and all subcontractors performing work on the Project, and all other records of the City and subcontractors considered as necessary by the Department for a proper audit of costs. d. The parties recognize and accept the funding restrictions as set forth in Section 339. 135(6)(a), Florida Statutes, which may affect the Department's obligations hereunder: The Department during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for the expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for a period exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in the succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for any amount in excess of $25,000 and which have a term for a period of more than one year. e. The Department recognizes that the City must comply with Section 166.241, Florida Statutes. This Agreement shall not be construed to modify, in any way, the City's obligations under those statutes. 4. AUDITS Section 216.3491, Florida Single Audit Act, requires recipients of federal and state funds to have audits done annually using the following criteria. a. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name ofthe awarding federal agency. (1) In the event that a recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program specific audit conducted in accordance with the United States Office of Management and Budget (OMB) Circular A- 133. (2) If a recipient expends less than $300,000 in Federal awards during its fiscal year, an audit conducted in accordance with the OMB Circular A-133 is not required. If a recipient expends less than $300,000 in Federal awards during its fiscal year and elects to have an audit conducted in accordance with OMB Circular A-133, the cost of the audit must be paid from non-federal funds. 40f9 b. State awards will be identified using the Catalog of State Financial Assistance (CSF A) title and number, award number and year, and name of the awarding state agency. (1) In the event that a recipient expends $300,000 or more in State awards during its fiscal year, the recipient must have a state single or program specific audit conducted in accordance with Section 216.3491, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. (2) If a recipient expends less than $300,000 in State awards during its fiscal year, an audit conducted in accordance with Section 216.3491 Florida Statutes, and Chapter 10.600, Rules of the Auditor General is not required. If a recipient expends less than $300,00 in State awards during its fiscal year and elects to have an audit conducted in accordance with Section 216.3491, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, the const of the audit must be paid from non-state funds. c. Reporting Packages and management letters generated from audits conducted in accordance with OMB Circular A-133 and/or Financial Reporting Packages generated in accordance with Section 216.3491, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, shall be submitted to the awarding FDOT office by the recipient within 30 days of receiving it. The afore mentioned items are to be received by the appropriate FDOT office no later than 9 months after the end of the recipient's fiscal year. d. The recipient shall follow up and take corrective action on findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of finding. e. Project records shall be retained and available for at least 3 years from the date the audit report is issued. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit workpapers shall be given FDOT, the Comptroller, and the Office of the Auditor General. f. The recipient shall submit required documentation as follows: (1) A reporting Package and Data Collection Form for each audit conducted in accordance with OMB Circular A-133 shall be sent to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jefferson, IN 47132 (2) A Financial Reporting Package of audits conducted in accordance with Section 216.3491, Florida Statutes, and Chapter 10.600, Rules of the Auditor General shall be sent to: State of Florida Auditor General Attn: Ted J. Sauerbeck 50f9 Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32301-1735 5. MAINTENANCE a. At such time as the Department issues a Notice to Proceed with Project installation and until such time as the Project is removed pursuant to Paragraph 6, the City shall maintain the Project in a reasonable manner and with due care in accordance with Project standards. Specifically, the City agrees to perform the following responsibilities: (1) removal oflitter from all landscaped areas ofthe Project Highway; (2) watering and fertilization of all plants; (3) mulching of all plants beds; (4) keeping plants as free as practicable from disease and harmful insects; (5) weeding the Project premises routinely; (6) mowing and/or cutting grass within the landscaped areas; (7) pruning all plants, specifically removing of all dead or diseased parts of plants and pruning of all parts of plants that present a visible hazard to those using the roadway; (8) replacement, or at the City's option, removal of all dead or diseased plants or other parts of the Project that have fallen below Project standards. All replacements shall be of substantially the same grade, size and specification as originally provided for in the plans and specifications, unless otherwise authorized by the Department; and (9) routine maintenance as prescribed by the manufacturer of any Project irrigation system. b. Maintenance of the Project shall be subject to periodic inspections by the Department. In the event that any of the aforementioned responsibilities are not carried out or are, otherwise, determined by the Department to be not in conformance with the applicable Project standards, the Department may terminate the agreement in accordance with paragraph 6.a(1). c. The Department's Local Maintenance Office shall be notified forty-eight hours in advance of commencing any scheduled maintenance activities. Emergency repairs shall be performed without delay and the Maintenance Office notified immediately. The Local Maintenance Engineer with responsibility for the roadway within this Project is Mr. Brian Bennett, P.E., located at 5211 Ulmerton Rd., Clearwater, Florida, telephone number (727) 570- 5101. Prior to any major Project reconstruction or replacement activity, the City is to notify all the utilities of their work schedule, so that any affected utilities can be field located and marked to avoid damage. d. If the City desires to pOSItIon vehicles, equipment, or personnel, or to perform maintenance activities closer than fifteen feet to the edge of pavement; or to close a traffic lane, Maintenance of Traffic shall be in accordance with the Project plans and all Departmental Maintenance of Traffic Regulations. The City shall have Maintenance of Traffic certified 60f9 personnel supervise the set up and operation of such Maintenance of Traffic devices at the site of the maintenance activity. e. The Department will require the City to cease maintenance operations and remove all personnel and equipment from the Department's right-of-way if any actions on the part of the City or representatives of the City violate the conditions or intent of this agreement as determined by the Department. 6. TERMINATION a. The Agreement may also be terminated under anyone of the following conditions: (1) By the Department if the City, following fifteen calendar day's written notice, fails to perform its duties under this agreement; or if the City refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the City in conjunction with this Agreement. (2) By the City following sixty calendar day's written notice. (3) By the Department following sixty calendar day's notice. b. Within 60 days following a notice to terminate pursuant to 6.a.(1) or 6.a.(2), if the Department requests, the City shall remove the Project and restore the Project premises to the same safe condition existing prior to installation of the Project. If the Department does not request such restoration or terminates this Agreement pursuant to 6.a. (3), the Department may complete, remove, relocate or adjust the Project as it deems best. c. It is understood between the parties hereto that any or all of the project may be removed, relocated, or adjusted at any time in the future as determined to be necessary by the Department in order that the adjacent state road be widened, altered, or, otherwise, change to meet with the future criteria or planning of the Department. The City shall be given notice regarding such removal, relocation, or adjustment and shall be allowed sixty days to remove the affected part of the Project at its own cost. The City will own that part of the Project it removes. After the sixty day removal period, the Department then may remove, relocate, or adjust the Project as it deems best. Wherever the City removes any or the entire Project pursuant to this agreement, the City shall restore the surface ofthe affected portion of the Project premises to the same safe condition as it was before installation of such landscaping pursuant to the agreement. The restoration shall include grading and filling holes and indentations caused by the aforesaid removal, as well as any seeding or sodding necessary to provide a grassed area. 7. INDEMNITIES a. To the extent provided by law, the City shall indemnify, defend, and hold harmless the Department and all of its officers, agents and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the City, it agents, or employees, during the performance of the Agreement, except that neither the City, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or 70f9 expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. b. When either party receives notice of a claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party. Each party will evaluate the claim, and report its findings to each other within fourteen (14) working days and jointly discuss options in defending the claim. A party's failure to promptly notify the other of a claim will not act as a waiver of any right herein. 8. GENERAL a. The Department's District Secretary or his designee shall decide all questions, difficulties, and disputes of any nature whatsoever that may arise under or by reason of this Agreement the prosecution, or fulfillment of the service hereunder and the character, quality, amount, and value thereof; and his decision upon all claims, questions, and disputes shall be final and conclusive upon the parties hereto. b. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. c. This Agreement embodies the entire Agreement and understanding between the parties hereto and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. This Agreement may not be assigned or transferred by the City in whole or in part without written consent of the Department. d. If any provision of the Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. e. This Agreement, regardless of where executed, shall be governed by and construed according to the Laws of the State of Florida. 80f9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. THE CITY OF CLEARWATER a municipal corporation of the State of Florida STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: William B. Home, II City Manager Kenneth A. Hartmann, P .E. District Secretary, District Seven Countersigned: Brian J. Aungst Mayor Attest: City Clerk (SEAL) Attest: Executive Secretary (SEAL) As to form: As to form: Assistant City Attorney Office of the General Counsel, District 7 90f9 City Council ~~~~~u~~jJen!!a C~yer M!!!!^~!"a n!!<~~@@_~@<~~~<r~~~ lS Tracking Number: 639 Actual Date: 06/17/2004 Subject / Recommendation: Appoint the Planning Committee responsible for updating the Floodplain Management Plan and adopt Resolution No. 04-15. Summary: The City of Clearwater participates in the National Flood Insurance Program (NFIP) so that properties within the community are eligible for federally backed flood insurance. Additionally the City participates in the Community Rating System (CRS), which is a voluntary flood insurance rating system that seeks to reduce flood losses, facilitate accurate insurance ratings, and promote the awareness of flood insurance. Clearwater currently has a CRS rating of Class 7 based on the number of credit points earned by the City. This rating provides a 15% discount on flood insurance premiums for Clearwater property owners. Only 78 of the total 1002 communities participating in the CRS have a higher rating than the City. One of the items the City receives CRS credit for is the Floodplain Management Plan. During the CRS 5-year verification visit, the Insurance Services Office, Inc. (ISO) determined that the City's existing plan is not in compliance with the existing CRS Coordinator's Manual provisions due to changed federal requirements. In order to continue to receive credit points for the Plan, it must be updated. In another agenda item, the Planning Department requested the City Council to approve the work order for TBE Group, Inc. to prepare this update. The CRS Manual does not specify the contents of a floodplain management plan but requires a 10-step planning process to be used in preparing the plan. This process requires communities to: organize to prepare the plan; involve the public; coordinate with other agencies; assess the flood hazard; assess the problem; set goals; review possible activities; draft an action plan; adopt the plan; and implement, evaluate and review. The second step, which requires public involvement, presents opportunities for significant credit points and is the subject of this agenda item. The Planning Department is requesting the City Council to formally create a planning committee comprised of public representatives and city staff to work in conjunction with the consultant to develop the updated Floodplain Management Plan. The public representatives proposed for the committee include floodplain property owners and residents, floodplain business owners, neighborhood representatives, Chamber of Commerce representatives and a real estate/lending professional. City staff from the Planning, Engineering, Development Services, Public Communications and Parks and Recreation departments will also participate. This proposed resolution also specifies that once the Plan is approved by the City Council, it will be submitted to the Federal Emergency Management Agency on or before November 1, 2004 to meet the extension date allowed by the City's ISO Specialist, Sherry Harper. Originating: Planning Section Other items on City Manager Reports Category: Other Number of Hard Copies attached: 1 Public Hearing: No /J.Y City Council ...~__~g~nda Cov~~,,<~,!!~l!Iol:~ nd u !!!_.~.<<@~<~~~<.<,~.~~~~~_.~~_<<@.~<~<.~_ Type: Other Financial Information: Review Approval Cvndi TaraDani Cvndie Goudeau Cvndi TaraDani Garrv Brumback Leslie Douqall-Sides Bill Horne 05-26-2004 14:31:57 06-07-2004 08: 17:03 05-26-2004 14:37:33 06-04- 2004 15: 19:08 06-04-2004 14:38:23 06-05-2004 12:46:07 RESOLUTION NO. 04-15 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, APPOINTING THE 2004 FLOODPLAIN MANAGEMENT PLAN UPDATE PLANNING COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the National Flood Insurance Program (NFIP) provides federally supported flood insurance in communities that regulate development in their floodplains, and the Community Rating System (CRS) reduces flood insurance premiums in those communities that do more than implement the minimum regulatory requirements; and WHEREAS, a credited Community Rating System (CRS) activity is the preparation and implementation of a floodplain management plan; and WHEREAS, the City of Clearwater approved the Floodplain Management Plan in 2000 and received CRS credits for that Plan; and WHEREAS, the City of Clearwater is required to update the Floodplain Management Plan in order to continue to receive CRS credits for this document; and WHEREAS, the City of Clearwater desires to submit an updated Floodplain Management Plan to the Federal Emergency Management Agency by November 1, 2004; and WHEREAS, the City of Clearwater desires to conduct a planning process that involves the public; and WHEREAS, the City of Clearwater desires to establish a floodplain management plan planning committee composed of floodplain property owners, residents and tenants, owners of businesses located in the floodplain and neighborhood and business representatives; now therefore, BE IT RESOLVED by the City Council of the City of Clearwater, Florida: Section 1. The 2004 Floodplain Management Plan Update planning committee is established and consists of the following members: Members of the Public: David MacNamee - floodplain property owner and resident and president of the Clearwater Beach Association Pat Vaughn - floodplain property owner and resident Resolution No. 04-15 Peter Heer - floodplain property owner and resident John Mahony - floodplain tenant Michael Galasso - floodplain resident and lender Doug Williams, president of the Clearwater Neighborhoods Coalition Jack Herkert - president of the Clearwater Beach Chamber of Commerce Scott Warner - floodplain business owner City of Clearwater Staff Members: Gina L. Clayton, Long Range Planning Manager, Project Manager AI Carrier, Assistant Engineering Director Brian Barker, Engineering Manager Terry Finch, Environmental Manager Kevin Garriott, Building Official G .C. Wine, Assistant Fire Chief of Fire Prevention Joelle Wiley Castelli, Assistant Public Communications Director Art Kader, Assistant Parks and Recreation Director Section 2. That the 2004 Floodplain Management Plan Update Planning Committee will employ the 10-step planning process outlined in the 2002 Community Rating System Coordinator's Manual in the preparation of a new Floodplain Management Plan for the City of Clearwater. Section 3. That the 2004 Floodplain Management Plan will be reviewed and approved by the City Council of the City of Clearwater prior to being submitted to the Federal Emergency Management Agency on or before November 1, 2004. Section 4. This resolution shall take effect immediately upon adoption. Resolution No. 04-15 PASSED AND ADOPTED Approved as to form: Leslie Dougall-Sides Assistant City Attorney Attest: Brian J. Aungst Mayor-Commissioner Cynthia E. Goudeau City Clerk Resolution No, 04-15 I~ ,Cj City Council Cover Memorandum DS' Tracking Number: 628 Actual Date: Subiect / Recommendation: Provide direction reagarding the request by the Island Estates Civic Association to amend the Code of Ordinances to limit residential construction to a period of one year from the date of permitting. Summary: The Development and Neighborhood Services Department has received a letter from Mr. John Bozmoski, Jr, President of the Island Estates Civic Association, asking for a change to the Building Code. Their request would change the Building Code to limit a residential construction project duration to a period of one year from the date of permitting. Their request is an attempt to control the amount of time in which a project has to be built (please refer to attached copy of the letter) . Currently, the City is required by State Statute to follow the 2001 Florida Building Code. Section 104.5 "Conditions of the Permit", restricts the time length that a permit is valid. This section restricts the life of a permit by stating: "Every permit issued shall become invalid unless the work authorized by such permit is commenced within 6 months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 6 months after the time the work is commenced." The code allows renewal, re-issuance and extensions of permits. The State Statute local governments to amend this section as long as it is more restrictive. The City Attorney has advised that the proposed change to the Building Code will be subject to review of the Pinellas County Construction Licensing Board (PCCLB). Department staff has met with Tampa Bay Builders' Association (TBBA) and the Pinellas County Construction Licensing Board (PCCLB). Neither organization supports the requested time limitation for permits. They oppose this request due to many different issues (such as labor issues, budget concerns, shortage of certain materials, etc.). These organizations object to any additional time limitations and recommend to continue to follow the Building Code as written. Additionally, meetings were conducted with the City Attorney's Office. The City Attorney's Office also has concerns with the proposed change, that she will address at the Work Session. The following are some points to consider that support maintaining the current Building Code without the requested time limitation amendment: (l)Thousands of building permits are issued annually by the City of Clearwater and very few have been identified as being problematic to raise levels of awareness. (2)Many developments have multiple year permits and present no problems. (3)Enforcement action on a property may leave an uncompleted project. There would then be a concern of City liability. (4)If the city were to expire and end a permit, there would be nothing legally to stop the issuance of another permit on the site. (5)If a construction project were to be stopped prior to completion, due to proposed time limitations, with or without the placement of a lien on the property, the property might remain in an unsightly and possibly unsafe condition without resolution, indefinitely. Interested parties have been notified of this meeting to present their points of view of City Council's discussion and consideration. While, as stated in Mr. Bozmoski's letter, other municipalities have a time limit, staff's recommendation is to deny the request to amend the Code of Ordinances, based on professional industry perspectives and concerns by the City Attorney's Office. Oriqinatinq: DevelfNeighborhood Services City Council Cover Memorandum Section: Other items on City Manager Reports Category: Code Amendments, Ordinances and Resolutions Number of Hard Cooies attached: 2 Public Hearina: No Financial Information: Review Aooroval Jeff Kronschnabl 05-24-2004 16:55:25 Raloh Stone 06-07-2004 13:25: 15 Leslie Douaall-Sides 05-27-2004 13:36:12 Bill Horne 06-07-2004 16:25:31 Cyndie Goudeau 06-07-2004 17: 04: 17 ISLAND 6STAT6S CIVIC ASSOCIATION March 26, 2004 City of Clearwater ATTN: JeffKronschnable 100 South Myrtle Avenue Clearwater, FL 33756 r.',,,,,: o m r" ~- -,,~ " ) r:'j'; :.~t:. _,.., :...,1 ~~.~ ~:~ ~~ ::::; (fl Dear Mr. Kronschnable: :s fj) ~ ,_". .....- ~ . 0 Pursuant to our recent conversation, please be advised that the Island Estates Civic Associationl.i$ in Z ~ favor of a new code sect~on bein enacted for Pinellas County limiting, with certain exception~ (j) residential construction 0 period of one year from the date of permitting. We have reviewed similar code sections from oth co uDlles an ave found that the construction period was as short.~ mo~ths; however, und standing that the city is uncomfortable with that limited time period, we would support the longer pe . d or a period within that range. Further, we believe that the levy of assessments against t e property oWner, once it has been determined that no justifi~ble reason for the delay existed, wou e appropriate. RE: Code Enactment Construction Time Limits you and your staff for assisting by moving this matter forward and request that e to contact the undersigned should you require additional information. \ t - - - - - I i I I i I i 104.4.4 Asbestos Removal. Moving. removal or disposal of asbestos-containing materials on a residential building where the owner occupies the building, the building is not for sale or lease, and the work is performed according to the owner-builder limitations provided in this paragraph. To qualify for exemption under this paragraph, an owner must personally appear and sign the building permit application. The permitting agency shall provide the person with a dis- closure statement in substantially the following form: DisclO$Ure Statement State law requires asbestos abatement to be done by licensed contractors. You have applied for a permit under an exemption to that law. The exemption allows you, as the owner of your property, to act as your own asbestos abatement contractor even though you do not have a license. You must supervise the construction yourself. You may move, remove or dispose of asbestos-containing materials on a residential building where you occupy the building and the building is not for sale or lease, or the building is a farm outbuilding on your property. If you sell or lease such building within 1 year after the asbestos abatement is complete, the law will presume that you intended to sell or lease the property at the time the work was done, which is a violation of this exemption. You may not hire. an unlicensed person as your contractor. Your work must be done according to all local, state and feder- allaws and regulations which apply to asbestos abatement projects. It is your responsibility to make sure that people employed by you have licenses required by state law and by county or municillallicensing ordinances. 104.5 Conditions of the permit 104.S.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as author- ity to violate, cancel, alter, or set aside any of the provi- sions of the technical codes, nor shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans, construction, or violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 6 months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 6 months after the time the work is commenced. - - - - - - - - - - - - - - - - - - I I 104.5.1.1 If work has commenced and the permit is revoked, becomes null and void, or expires because of lack of progress or abandonment, a new permit cover- ing the proposed construction shall be obtained before proceeding with the work. . 104.5.1.2 If a new permit is not obtained within 180 days from the date the initial permit became null and void, the building official is authorized to require that any work which has been commenced or completed be removed from the building site, Alternately. a new per- FLORIDA BULDING CODE - BUILDING -, 104.4.4 - 104.6.1 mit may be issued on application, providing the work in place and required to complete the structure meets all applicable regulations in effect at the time the initial. permit became null and void and any regulations which may have become effective between the date of expira- tion and the date of issuance of the new permit. 104.5.1.3 Work shall be considered to be in active progress when the permit has received an approved inspection within 180 days. This provision shall not be applicable in case of civil commotion or strike or when the building work is halted due directly to judicial injunction, order or similar process. 104.5.1.4 The fee for renewal re-issuance and exten- sion of a permit shall be set forth by the administrative authority. 104.5.2 Permit issued on basis of an affidavit. Whenever a permit is issued in reliance upon an affidavit or whenev- er the work to be covered by a permit involves installation under conditions which, in the opinion of the building official, are hazardous or complex, the building official shall require that the architect or engineer who signed the affidavit or prepared the drawings or computations shall supervise such work. In addition, they shall be responsible for conformity to the permit, provide copies of inspection reports as inspections are performed, and upon completion make and file with the building official written affidavit that the work has been done in conformity to the reviewed plans and with the structural provisions of the technical codes. In the event such architect or engineer is not avail- able, the owner shall employ in his stead a competent per- son or agency whose qualifications are reviewed by the building official. The building official shall ensure that any person conducting plans review is qualified as a plans examiner under part XU of chapter 468, Florida Statutes and that any person conducting inspections is qualified as a building inspector under Part m of chapter 468, Florida Statutes. 104.5.3 Plans. When the building official issues a permit. the building official shall endorse, in writing or by stamp, both sets of reviewed plans "Reviewed for Code Compliance." One set of reviewed drawings shall be retained by the building official and the other set shall be returned to the applicant. The permit drawings shall be kept at the site of work and shall be open to inspection by the building official or his authorized representative. 104.6 Fees. 104.6.1 Prescribed fees. A permit shall not be issued until fees authorized under s. 553.80 Florida Statutes have been paid. Nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the esti- mated cost of the building, structure, electrical, plumbing, mechanical or gas systems, has been paid. 1.9 \ -a.~ ater City Council ...~~u~u~!!~! c~~~J"~~~~~..!!!O ra.-:!_~ l!_-:!!.@~~..~~ PR\ Tracking Number: 456 Actual Date: 06/17/2004 Subject / Recommendation: Approve co-sponsorship and waiver of requested City fees and service charges for FY 2004-2005 special events including six annual City events; and seventeen City co-sponsored events; at an estimated gross cost of $516,934.06 ($119,500 representing cash contributions and $397,434.06 representing in-kind contributions) for the purposes of departmental budget submittals. Summary: According to the City Code of Ordinances on special events there shall be an annual review of City sponsored/co-sponsored events during the budget process. An agenda item approving co-sponsorship and level of support for these events will be brought before the City Council at the beginning of the budget process each fiscal year. In the event additional money is requested beyond what is included in the approved budget, City Council approval will be needed before said additional funds are dispersed. The attached chart shows cash and in-kind contributions requested to be included in FY 2004/05 budget for City sponsored and co-sponsored special events. In addition, the 2003/2004 approved spreadsheet is attached. The total cash contribution is $15,000 (12.6%) lower than was approved for FY 2003/2004. This decrease is due to the elimination of the request for $15,000 of one-time seed money for the Sunsets FantaSea of Lights. "In-kind contributions" increased by $79,040.06. "In-kind contributions" are included in operating budgets under various departments. The increase is due to more effective event cost tracking and the increase in salaries. Major increased areas are: . Police Department with an increase of $26,470 due to larger Fun N' Sun Festival events and Sunsets Beachfest which has previously been considered as an extra duty assignment. . Fire/Life Safety and Inspections increased $4,764 as five events were previously not budgeted for and the scope of the event changed the staff requirements for five other events. . Police Department with an increase of $59,000 due to traffic control issue related to Drew Street closures. This item is anticipated for this year only assuming the new bridge is open by September 30, 2005. The Special Events Committee recommends approval of all events. Originating: Parks and Recreation Section Consent Agenda Category: Other Number of Hard Copies attached: 0 Public Hearing: No Financial Information: City Council _~_~" Agend~~ C~ver ~.~mora.-:!!t~!!!"~@~"_<_~~ ~ Operating Expenditure Bid Required? No Bid Exceptions: Other Other Contract? '05 budget per Council policy In Current Year Budget? No Budget Adjustment: No Review Approval Kevin Dunbar Doug Matthews 04- 28- 2004 14:21:53 06-03-2004 16:25:51 06-04-2004 08:29:01 06-07-2004 10:01:36 06-08-2004 14:42:05 06-07-2004 16:13:07 Sid Klein Tina Wilson Rowland Herald Cyndie Goudeau :2 ~ 0" .. f~~ 3.5 I- ~3 ; : i i a ~ i ! i ~ ~ ~ ~ ~ ~ : ! ~ : 1~ ~ ~ = ~ a = : ~ : u -., ., w !.! ~ w~ ~ 2 Ul ~ ~ .e~ ! ~ 0 ~ ~.!.! E ~ ~:~g i~ . .~ i; S ijj ffl I!.!wo & ~ ~ :g~~~ ~ ~ Cl)s: .., ~ itio ~ ~ .. .,. :::l""-g .~~ a ~w .0 ~8 5: ..'" .EO;; Gl~ ~ ~i ~ ~ ~ 0 oj!! 1!~ ~u ~ g oll ti ~ 10 !I a o,co 2~i 1;:u.:! It> <:> <:> ':l ~ <:> <:> N >- ~ .. 2 ... III Gl ::s IT Gl 0:: ... Gl en "CJ ::s lD III C : w ii 'u Gl Cl. III .. 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CtJ J!3 .... Gl mO - C/) ~~_ ~ ()~Ef- C/) Glu.::l ~ Gl~ffig I~ ~ i~0 E5~ ~ ~O~:C rol~<(tu()~ ~()~t~ ~ ~ c,~ 0 ~ ~ ~ 5 c ~ ~ ~_ B ,2 Gl~~~-~=~C()~~ _rooc~~ _~~OQ)~ro~OO 0 ~O-oro~ ecccu~Q) ~OSc~ ~~~u-ro-~ I-ro2~~,Cm~~c~~8 Glo- ()~roQ) ~~~o~u-roo~-o~~~iil~ro~~ GlmQ)Olro~~oo~ocro()..J~~ro~~f- ~E~....._mm""""~ ....~~........ ro'U~~ 5~~~om.><~~~8~~~~~50~_~O f-c..J~~2uroroo_roC)~roroC/) roOt- ~ro~CQ)Glro~~O~~,Cro~~C~oGl~~ ~Utro~~~curo._:~ro ~CtJcu ....o_~~ ~~ro~ro5~~~1~3~io~~5~5~-~ f-~~()~C/)O()()I~~UZ~()()~()c/)f-~~ ~NMv~m~rom~~~~~~~~~~~N~ CLEARWATER SUNCOAST CYCLING CLASSIC Page 1 of 6 11 /2. ~ Brink, Carolyn From: Horne, William Sent: Thursday, June 17, 2004 11 :37 AM To: Brink, Carolyn Subject: FW: CLEARWATER SUN COAST CYCLING CLASSIC.doc -----Original Message----- From: Dunbar, Kevin E. Sent: Thursday, June 17, 2004 11:30 AM To: Horne, William Cc: Brumback, Garry Subject: FW: CLEARWATER SUN COAST CYCLING CLASSIC.doc / Bill...below are the details on the Cycling Classic which will be on(QfU:l E!L<:L1Q) This is a CVB sponsored event and with the three races are expecting over 1000 cyclist. With the visit this past weekend of the US Postal Team we are very excited about this new event coming here. The following outlines the various courses and options. The first is the Criterium Course which will require intermittent road closures in the area in support of the race. An aerial is attached. The second is the Circuit Course and we are proposing Option 3 (in the area of the Highland Y) do to the impact it would have on beach traffic for that day. When the bridge is open we would probably look to possibly option 2 as this would be a great downtown event. The third race is the competitive Long Ride which will require some intermittent road closures (throughout the course which will be coordinated by CPD and the Sheriffs department) and still need to be finalized as to which one. Since there are some type of road closures in the area of downtown, wanted to bring this to yours and the Council attention so we might address any concerns that there may be. CLEARWATER SUNCOAST CYCLING CLASSIC The Parks & Recreation Department as agreed in principal to co-sponsor an event called the Clearwater Suncoast Cycling Classic on October 15-17 at Coachman Park. This event is also co- sponsored by the CVB and the Clearwater Suncoast YMCA and will bring in riders from all over the State of Florida and Southeast. The event will consist of activities at the Park including a family interactive adventure area, bike and accessory displays, static bike races, opening ceremonies, a banquet and awards presentations at Harborview Center and several races. One of the conditions for the Parks & Recreation Department to move forward with plans for this event is the approval of the proposed race routs. The Clearwater Police Department and the Pinellas County Sheriffs Department have met with the race officials in an attempt to choose proposed routes. These are the proposed routes and various options suggested by Police/Sheriffs and staff for this years races taking in consideration as much as possible the bridge situation that has altered the original routes desired. Criterium Course (Saturday October 9, 2004 9am-6pm) 1. Start Corner of Drew street and N Osceola 2. West Drew Street and around Coachman Park (Drew St. Closed West of Osceola) 3. Turn East onto Cleveland (Cleveland closed between the causeway and N Osceola - traffic can cut through on cross streets every about 5 minutes for 4 minutes at a time) 4. Turn North onto N Osceola (Osceola closed between Drew and Cleveland - traffic can cut througl cross streets every about 5 minutes for 4 minutes at a time) 6/17/2004 CLEARWATER SUNCOAST CYCLING CLASSIC Page 2 of 6 5. Only North 2 lanes of Cleveland would be closed and separated by barricades from South 2 lanes. Traffic would still be able to go East-West on 2 South Lanes STAFF RECCOMENDS THIS ROUTE FOR CRITERIUM Circuit Course OPTION 1 (Sunday, October 10,2004 between 8am and 4:30pm) 1. Start Comer of Drew street and N Osceola 2. West Drew Street and around Coachman Park (Drew St. Closed West of Osceola) 3. Turn West onto Memorial Causeway (North 2 lanes closed between Island Way and Osceola)(Bridge cannot be opened between 9am and 6pm) 4. U turn just before Island Way 5. East on Cleveland to N Osceola Ave 6. Left onto N. Osceola Ave (closed between Cleveland and Drew - traffic can cut through on cross streets between the ack of racers, about ever 5 minutes for 4 minutes at a time) STAFF RECCOMENDS AGAINST THIS OPTION FOR THIS YEAR 6/17/2004 .CLEARW ATER SUNCOAST CYCLING CLASSIC Page 3 of 6 Circuit Course OPTION 2 1. Start Comer of Drew street and N Osceola 2. West on Drew Street and around Coachman Park (Drew St. Closed West of Osceola) 3. Turn East onto Cleveland (North 2 lanes closed between Causeway and Garden - traffic can cut through on cross streets every about 5 minutes for 4 minutes at a time) 4. Turn North on Garden (Garden closed between Cleveland and Eldridge) 5. Turn West onto Eldridge (Eldridge closed between Garden and Ft. Harrison) 6. Turn South onto Ft. Harrison (Ft. Harrison closed between Eldridge and Drew- traffic can cut through on cross streets eve about 5 minutes f~~_4_~nutes at a time) ,. f} )0 g t. II> :::I f )0 ! % ill ;> l' Ii) '( .u: II' 'D :z a . II 0 :I ~ ~ . q- .,. " 'AJ'1" '" \ 't Eldr. Pial. <: ::; ll> ~ I> 'l" f L Q lira !>t zG. l ! i 619_landSl 1'f4ndti::'" ~ f ,. 6/1712004 CLEARWATER SUNCOAST CYCLING CLASSIC Page 4 of 6 STAFF RECCOMENDS AGAINST THIS OPTION FOR THIS YEAR Circuit OPTION 3 1. Start at Comer of Highland and Lakewood 2. Turn East onto Lakewood (Lakewood closed between Highland and Keene- traffic can cut through on cross streets every about 5 minutes for 4 minutes at a time) 3. Turn North onto Keene Rd. (West 2 lanes closed between Lakewood and Druid- traffic can cut through on cross streets every about 5 minutes for 4 minutes at a time) 4. Turn West onto Druid (Druid closed between Highland and Lakewood- traffic can cut through on cross streets every about 5 minutes for 4 minutes at a time) 5. Turn South onto Highland (Highland closed between Druid and Lakewood- traffic can cut through on cross streets every about 5 minutes for 4 minutes at a time) o STAFF RECCOMENDS THIS ROUTE FOR CIRCUIT (located by YMCA) 6/17/2004 'CLEARWATER SUNCOAST CYCLING CLASSIC Page 5 of 6 Listed below are the possible options suggested for the competitive long ride. Option 1 . Start - Drew St. and Fort Harrison - going west . West on Memorial Causeway to Gulf view -2 miles . South on Gulf view Blvd to Walsingham - 6 miles . U turn on Gulfview (North) to Memorial Causeway - 6 miles . U turn back to Gulfview (South) - 6 miles . U-turn on Gulfview (North) to Memorial Causeway - 6 miles . East to Drew - 2 miles - Finish - 26 miles Option 2 . Start - Drew St. and Fort Harrison - going west . West on Memorial Causeway to Gulfview - 2 miles . South on Gulfview Blvd to Walsingham - 6 miles . East Walsingham Rd to Alternate 19 (Seminole Blvd) -3 miles . North Alt 19 (Seminole Blvd - Missouri Ave) to Druid Rd. - 7 miles . West on Druid Rd. to Ft. Harrison - 1 mile . North on Ft. Harrison to Drew St. - 1 mile . South on Drew St. to Coachman Park - Finish. Est. 20 miles Option 3 * Start - Drew St. and Fort Harrison - going west * West on Memorial Causeway - 2 miles * South on Gulfview Blvd to Park- 9 miles * East on Park Blvd to Alternate 19 - 3 miles * North on Alt 19 (Seminole Blvd) to Druid - 8 miles * West on Druid to Ft. Harrison - 1 mile * North on Ft. Harrison to Drew St - 1 mile * West on Drew to Coachman Park - Finish - Est. 24 miles Option 4 . Start - Drew St. and Fort Harrison - going west . East on Cleveland to Highland - 2 miles . South on Highland to East Bay - 5 miles . West on East Bay to Seminole - 1 mile . South on Seminole to Park Street -5 miles . East on Park Street to Gulfview - 3 miles 6/17/2004 . CLEARWATER SUNCOAST CYCLING CLASSIC Page 6 of 6 . North on Gultview Blvd to Memorial Causeway - 9 miles . East on Memorial Causeway to Cleveland -2 miles . 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Summary: As presented at the December 18, 2003 City Commission meeting, the development of the Downtown Design Guidelines have been organized into four parts. Design Principles; New Construction; Treatment of DesignatedHistoric Structures; and Signs and Miscellaneous. The Design Principles were approved by the City Council on December 18, 2003. The New Construction chapter was approved on April 15, 2004 with the understanding that additional guidelines will be developed regarding architectural styles of new construction on Cleveland Street and Ft. Harrison within the Downtown Core. The Rehabilitation of Designated Historic Structures chapter was approved on May 20th. The subject of this agenda item is the chapter regarding Signs and Miscellaneous and focuses on a variety of topics including: Signs; Lighting; Property Maintenance; Properties along thePinellas Trail; Utility/Infrastructure Facilities; and Corporate Design. All subsections are organized by topic with accompanying principles and subsequent "appropriate"f'inappropriate" supporting statements, photographs, drawings and other images to guide appropriate development/redevelopment. The Planning Department recommends approval of the Signs and Miscellaneous chapter as presented by the Committee. A supporting PowerPoint presentation that further supports the concepts contained within the Signs and Miscellaneous chapter of the Guidelines will be submitted for review prior to the Council meeting. City Council ~~"~Agenda Co.ver M~mor~ndun:!___~~"_"_~ Based on the fact that sandwich board signs typically result in visual and physical clutter, the Steering Committee voted eight to one with one member abstaining to list sandwich board signs as generally inappropriate for Downtown. The Committee unanimously agreed, however, that sandwich board signs should be allowed for limited special events and that the implementation of these recommendations be evaluated in two years. The Committee's recommendations were based on the fact that the approved Master Streetscape and Wayfinding Plan will include business directory signs for businesses located on Cleveland Street in the Downtown Core and that the Planning Department will be proposing amendments to the Community Development Code to permit signage to identify secondary business entrances and to allow directory and hanging signs in certain situations. The Planning Department and Committee are currently developing the final elements of the Guidelines including: Purpose, intent andapplicability provisions; Guidelines regarding the use of certain architecturalstyles for Cleveland Street and Fort Harrison Avenue in the Downtown Core (Council request); Guidelines regarding development within thetwo identified Transition Areas (Council request); Guidelines fortelecommunication antennas; Guidelines requiring the useof certain building materials; Guidelines specific for office development in the OldBay District, east of Garden Avenue; and A Glossary. These issues will be presented to the City Council in August 2004. The draft Guidelines will be presented to the Downtown Development Board, Main Street Committee, Clearwater Chamber of Commerce and representatives from the Old Bay and East Gateway character districts in August and the Community Development Board on September 21st. The final version of the Design Guidelines will be presented to the City Council on October 21st and November 4th for approval. Originating: Planning Section Other items on City Manager Reports Category: Other Number of Hard Copies attached: 2 Public Hearing: No Financial Information: Type: Other Bid Required? No Bid Exceptions: Impractical to Bid Review Approval Cvndi Taraoani 05-28-2004 11:47:50 Cvndie Goudeau 06-07-2004 08:14:20 Bill Horne Cvndi Taraoani Garrv Brumback Cyndi Tarapani Ralph Stone City Council ~~"... Agen~~f~ove~J~~~,!'Ic:!,!~ nd ':!w~ .,~,~,w 06-05-2004 12:51:01 05-28-2004 13:31:07 06-04-2004 09:46:47 05-28-2004 13:36:43 06-04-2004 10:29:44 ~ Signs Miscellaneous o art v. ADDITIONAL ELEMENTS A. Si2ns B. Li2htin2 c. Property Maintenance Draft May 2004 Page - 3 D. PineUas Trail E. Utilitv/Infrastructure Facilities F. Corporate Desi2n Page -4 Draft May 2004 A. Si2ns: Signs are a vital component of any commercial establishment and many multi- family developments providing identification of a particular use. There are two basic types of signs: attached and freestanding. Attached signs are physically attached to a building whereas freestanding signs are self-supporting. There are a variety of types of attached signs such as wall, projecting, hanging, awning and window. Due to the pedestrian nature of Downtown, attached signs are the most appropriate type for the area. Changeable copy is primarily oriented towards vehicular traffic, therefore, its use in an urban pedestrian environment should be limited. Monument-style freestanding signs may be appropriate within certain areas of the Downtown where building placement warrants their use. The appropriate scale and placement of signs on a fafade should contribute greatly to the appearance of a building and the character of an area. Every sign should be designed as an integral architectural element of the building and site and should compliment that building with regard to materials, color, texture, finish, scale and design and architectural context. Existing, historic sign age should be repaired when possible and replaced only when repairs are not feasible. Should the replacement of historic signage be necessary a replica is encouraged provided it is compatible with the architecture of the building. Signage should not obscure architectural details. Appropriate: · Signs on a building and/or site designed as part of an overall theme that respect, enhance and contribute to the architectural style, detailing and elements of a building. Draft May 2004 Appropriate: monument sign located in landscape bed. Materials and color match building. Appropriate: sign is incorporated into a fence. Appropriate: attached sign is proportional to the space in which it is located and uses letters which match the trim of the building. Page - 5 .--------, . Signs whose design, colors, materials, size, shape and methods of illumination reinforce the overall design of the fayade. . Letter size, letter and word spacing, font style and other design elements of a sign that create an overall high quality aesthetic appearance. . Attached signs proportional to the space to which they are attached. . Attached signs installed so the method of installation is concealed or made an integral part of the design of the sign. . Where individual buildings are located with limited side yard setbacks, attached signs that demonstrate a general alignment with the signs on adjacent storefrontslbuildings; . Wall signs located on flat, unadorned parts of a fayade such as the horizontal band between the storefront and second floor or on windows, awning flaps, fascia, etc. . Wall signs located immediately adjacent to secondary entraces. . Projecting signs located adjacent to the building entrances or tenant space( s) which they serve. . Hanging signs positioned perpendicular to the fayade of the building and located adjacent to the building entrances or tenant space( s) which they serve. · Awning signs which are permanently affixed (sewn to or screened on) to the valance of the awning as part of the overall awning design. . Window signs consisting of paint or decals, etchings/engravings, neon and/or three-dimensional lighted signs. . Buildings with multiple tenants accessed from the interior of the building which include a directory sign immediately adjacent to that entrance. . Existing, historic signs that are preserved or restored. Page -6 Appropriate: sign complements building with regard to color and material and includes limited changeable copy. Appropriate: attached signs are in alignment. Appropriate: front-lit attached sign. Draft May 2004 · Historically accurate reproduced signage documented by physical, documentary and/or pictorial evidence. · Changeable copy which matches the sign to which it is attached with regard to style, size and color. Inappropriate: . Box/cabinet style signs. · Signs utilizing LED or any other electronic changeable copy. . Signs painted directly on the fayade of a building unless documented by physical, documentary and/or pictorial evidence. . Attached signs that cover windows or other architectural features. · Projecting signs higher than the top of second story windows. . More than one hanging or projecting sign per business. · Awning signs which are affixed to the awning material by adhesive backed- letters or other non-permanent methods. . Window signs which are affixed by tape or other non-permanent methods. . Monument signs on sites where the primary building is located within l5 feet of a front property line. (Note: distance subject to final determination of setback! build-to line of the various character districts.) . Changeable copy area greater than 25 percent of the sign area (with the exception of theater marquees). . Sandwich board signs. Appropriate: hanging signs similar in size shape and scale and unobtrusive. Draft May 2004 Appropriate: projecting sign. Appropriate: window etchings. Inappropriate: block continuity and building character are ruined. Inappropriate: poorly aligned signs, covered architectural details, etc. Page - 7 B. Li2htin2: Lighting and light fIXtures should be part of an overall design plan and their design and placement appropriate to the building to which they will serve. When unlit, lighting fIXtures can impact a building or space through the physical form of the fIXture. At night, lighting can create atmosphere through the level of intensity and color of the light emitted. Appropriate: · Light fixtures that are designed to respect, enhance and contribute to the architectural style, detailing and elements of a building. . Light fixtures that reinforce the overall composition of the fayade with regard to color, material, size, scale and shape. . Light poles located adjacent to a public right-of-way that incorporates the same or similar design of light poles as in the character district or complements the design of the building. · Attached light fixtures flush mounted on a wall or soffit. . Light fixtures that are recessed in ceilings or otherwise concealed. . Lighting located in bollards. · Existing, historic light fixtures preserved in place whenever feasible. · Historically accurate reproduced lighting fixtures documented by physical, documentary and/or pictorial evidence. . Lighting which illuminates without glare. . Utility meters, service locations, wires, piping, boxes, conduits, etc. placed in the most visually unobtrusive location possible. · Electrical wiring to all site lighting provided underground. · Accent lighting illuminating signage, landscaping and trees, water amenities and other special features. Page -8 Appropriate: attached light fixtures. Appropriate: hanging light fixtures. Appropriate: recessed light fixture. Draft May 2004 . An adequate number of light installed to effectively and illuminate pedestrian areas. fixtures safely Inappropriate: · Exposed spot and floodlight fixtures used on non-residential properties. . Light fixtures placed in a position where existing or future tree canopy will reduce the illumination levels or otherwise interfere with the light fixture. . Lighting which illuminates adjacent properties. . Light fixtures that do not relate to the structure/site with regard to materials, color, size, scale and style. . Lighting which is too bright, glaring and overpowering for a space or that is too dim to effectively illuminate. · Neon used to light a building decorative element except appropriate to the architectural the building. . Lighting which results in color distortions within pedestrian and vehicular areas. or as a where style of Appropriate: spotlights within goose-neck fixtures. Draft May 2004 Appropriate: freestanding light fixtures may be gas or electric. Inappropriate: floodlight. Inappropriate: exposed spotlight fixtures. Page - 9 C. Property Maintenance: Maintaining properties whether occupied or unoccupied, is vital to the success of Downtown Clearwater. Properties that fall into disrepair quickly become eyesores and damage the integrity of the downtown and reduce the value of surrounding properties. In addition, required repairs are often more expensive than regular maintenance. Allowing properties to fall into disrepair costs everyone money. Regular, consistent property maintenance is the obligation of all property owners. Appropriate: . Regular visual inspections of all portions of a building such as the foundation, walls, weather-striping, roofs, etc. . Regular maintenance and repair using quality materials. . Enlisting the services of professionals. . Using the gentlest possible procedures for cleaning. . Consulting a structural engineer prior to commencing any work when structural systems are affected. · Stabilizing/repairing deteriorated or inadequate foundations as soon as physically possible. . Replacing weather-stripping as needed prior to failure. . Replacing loose or missing roof tiles/ shingles as soon as damage is observed. · Regular exterior painting and touch-ups as needed. . Inspection and replacing of awnings that show signs of wear, tear, fading, etc. · Regular cleaning and sweeping or adjacent public property. . Keeping windows clean. Page -to Appropriate: even a regular sweeping can vastly improve a property encouraging surrounding property owners to maintain their sites. Appropriate: missing roof tiles are replaced as soon as the damage was noticed. The importance of enlisting the aid of competent, qualified professional help in performing proper maintenance cannot be understated. Draft May 2004 Inappropriate: . Allowing routine maintenance and repairs to lapse. . The use of harsh chemicals/procedures for cleaning. . Failing to test a cleaning/restoration product/technique on a discreet location first. . Sandblasting and other harsh methods of cleaning that would damage or otherwise compromise the building. · Poorly attached elements that may fall and injure people · Applying paint to fabric awnings. Inappropriate: cracking paint. Draft May 2004 Inappropriate: graffiti and boarded up doors. Inappropriate: abandoned property. Inappropriate: lack of maintenance. Page - 11 D. Pinellas Trail The Pinellas Trail presents the opportunity to bring people into Downtown and as such is a unique source of economic development. Uses along the Pinellas Trail should be oriented toward the Trail to take advantage of the people drawn to this recreational/transportation amenity. Connections to the Pinellas Trail should be incorporated in site plans when property is adjacent to the Trail or when the proposed use would benefit through a connection. Appropriate: . Providing safe, convenient pedestrian connections between the site and the Pinellas Trail. . Providing amenities such as seating and/ or bike racks. Inappropriate: · Properties located adjacent to the Pinellas Trail that do not acknowledge it through the use of connecting pedestrian paths, doors, windows, art, etc. Inappropriate: a deteriorating warehouse backs up to the Pinellas Trail. Page -12 Appropriate: A covered seating area and bike racks. Appropriate: a pedestrian path is provided between the Pinellas Trail and this hotel. Appropriate: the shops in the background are oriented towards the Pinellas Trail. Draft May 2004 E. Utilitv/Infrastructure Facilities Utility/Infrastructure facilities are necessary elements of any City. They include uses such as electric, telephone, cable, water, wastewater substations or transfer stations and other similar intermediate distribution facilities. Due to hurricane proofing and security needs, the design of these buildings typically results in buildings without windows and with few doors. In recognition of this limitation, utility/infrastructure facilities are exempt from the strict application of the Windows and Doors section of the New Construction chapter of these guidelines. This section provides design alternatives in- lieu of traditional windows and doors. Utility/Infrastructure facilities shall meet all other portions of these Design Guidelines. Appropriate: . Utility/Infrastructure facilities which visually relate to surrounding buildings and the desired character of the area with regard to mass, scale, height, width and depth consistent with the New Construction chapter of these guidelines. . Utility/Infrastructure facilities that incorporate an architectural style or architectural elements consistent with the existing and/or desired style of development in the surrounding neighborhood consistent with the New Construction chapter of these guidelines. Appropriate: This Utilityllnfrastructure Facility includes a Mediterranean-style with tile work, stucco finish and tile roof. Appropriate: a lift station which blends into the natural surroundings. Appropriate: a utility/infrastructure facility with an Art Deco architectural style including a stucco finish and glass block and tile faux windows, tile banding and a decorative cap. The structure also includes a canopied entrance with the canopy structure repeated along the street facing facades. Draft May 2004 Page - 13 · Utility/Infrastructure facilities that maintain the existing and/or desired window pattern and proportions through the use of windows or window-like architectural details (faux windows, recesses, glass block, tile, shutters, trompe l' oeil or other architectural techniques) and/or other architectural elements. . The use of awnings, canopies and sunscreens. · Doors that enhance and support the architectural style of the building and are appropriately sized for the scale of the building fayade. Page -14 Appropriate: this Utility/Infrastructure Facility (a power plant) utilizes the same architectural detailing as the primary building which it serves (see bottom of this page). Appropriate: detailing of this power plant includes faux windows, a balustrade, tile roof and exposed joists. This building is served by the power plant (above) and served as the inspiration for the design of the plant. Draft May 2004 Inappropriate: . Utility/Infrastructure facilities which do not relate to the surrounding or desired and envisioned context and fabric of the neighborhood with regard to size, scale, height, width and depth. · Facades on UtilitylInfrastructure facilities that do not incorporate meaningful architectural details such as cornice lines, banding, string courses, columns, recesses, relief, etc. . Walls without windows or window-like architectural details along street frontages or parking areas. . The use of conflicting window types or window-like architectural details on the same structure. · Mirrored/reflective glass and glass curtain walls. . Blackened out/painted windows. · Boarded up windows (except during construction or during a reasonable repair period or subsequent to a weather advisory). · Doors which are out of scale and/or character with the rest of the building. · Doors which do not enhance the architectural style of the building. · More than one style of door per building. Draft May 2004 Inappropriate: lack of windows and the inclusion of a garage-style door. Inappropriate: lack of windows, doors and architectural details. Inappropriate: this lift station lacks architectural detail, doors and windows. Page - 15 F. Corporate Desi2n Corporate franchises typically prefer to build new structures rather than convert existing building to their needs. However, franchises more and more are moving into existing structures within a downtown. Any building occupied by a corporate franchisee, whether new or existing, designated as historic or not will need to meet the requirements of these Guidelines. While many national corporate chains typically design their buildings to act as signage, they can and do modify the design of their buildings to blend with the character of the surrounding neighborhood and/or comply with design standards when required. Appropriate: . Buildings which meet all the requirements of these Guidelines as outlined in New Construction, Rehabilitation of Designated Historic Structures and this chapter, as applicable. . Corporate design which visually relates to surrounding buildings and the desired character of the area with regard to mass, scale, height, width and depth consistent with the New Construction chapter of these guidelines. . Corporate design that incorporates an architectural style or architectural elements consistent with the existing and! or desired style of development in the surrounding neighborhood consistent with the New Construction chapter of these guidelines. Page -l6 ...,'\,,,,(. l \u,,; , [ - I ,~,~ Appropriate: This Ann Taylor store is located in a historic building. Minimal exterior modifications have been made and signage is limited to subtle letters on awnings (Fig. 1) and attached directly to the building (Fig. 2). Appropriate: This Burger King franchise is also located in a historic building. Minimal exterior modifications have been made and sign age is limited to subtle letters attached directly to the building (Fig. 3). Draft May 2004 Inappropriate: . Buildings which house corporate franchises or businesses which do not relate to the existing and/or desired character of the surrounding neighborhood. Draft May 2004 Appropriate: this new McDonald's relates to the surrounding environment by utilizing a Key West-style of architecture. Inappropriate: this McDonald's would not relate to surrounding building within the Downtown Plan Area. Page - 17 \. · Signs · Lighting · Property Maintenance Re., PLD 7 ~'. ld..l · Pinellas Trail · Utility/Infrastructure Facilities · Corporate Design 1 " - - . 2 . 3 - . .. -- . - Spotlights Floodlights Graffiti and boarded up doors Cracking paint Demolition by neglect 4 Property Maintenance From sweeping up... Property Maintenance . Property Maintenance . 5 6 7 8 .J = o I 00 City of Clearwater Sign and Graphics / / l' - 11 112" / / r-. , N = 00 I ~ t9l5 KIOSK SIGN / / Text Height , 2" BELWMO ' HERBERT 123 July 23, 2003 ----1 DIRECTORY SIGN Rear Entry Signage - _. - - _... <-- <<..-.... .~._.- HANGING SIGNS City Council _,~'"W, Agen~~~.....~ov~r Mem()~~andum ter Trackino Number: 670 Actual Date: 06/17/2004 Subiect / Recommendation: Community Development Board Appointment with a term expiring on February 28, 2007. Originatina: Official Rec and Legislative Svc Section Other items on City Manager Reports Categorv: Other Number of Hard CODies attached: 0 Public Hearino; No Financial Information: ~ Other Idl ~ l.L. o >- ... o Appointment Worksheet For Council Meeting: 06/17/2004 Agenda Number: 2,424 oQLS I-~ J~ . ~ Community Development Board TERM: 4 years APPOINTED BY: City Council RESIDENCY REQUIREMENT City of Clearwater FINANCIAL DISCLOSURE: Yes STAFF LIAISON: Planning/Lisa Fierce MEMBERS: 8 CHAIRPERSON Ed Hooper MEETING DATES: 3rd Tues., 2:00 p.m. MEETING PLACE: Council Chambers APPTS. NEEDED: 1 SPECIAL QUALIFICATIONS Board shall include members qualified and experienced in the fields of architecture, planning, landscape architecture, engineering, construction, planning & land use law and real estate THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHE REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. Term Expires: 02/28/2007 Name Edward Mazur, Jr. Appointment Date Attendance Record 02/18/1999 (Resigned) Reappointment? No THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES Name-Address Comments - Related Experience. Etc. Daniel Dennehy Motel Owner 1925 Edgewater Drive, 33755 Tom Calhoun 2421 Old Coach Trail, 33765 Nicholas C. Fritsch 1310 Gulf Blvd. #8-D, 33767 Rita Garvey 1550 Ridaewood St.. 33755 Douglas L. Hilkert 1515 Midniaht Pass Wav. 33765 William P. Kirbas 34 Bohenia Cir., N., 33767 William J. McCann, PE 1563 Turner St., 33756 Realtor Retired (Economics) Former Mayor Attorney past member Parks & Recreation Board Professional Engineer & Planner Norma R. Carlough 1756 Ashton Abbey Rd., 33755 William R. DiMarino 2821 Lafitte Court. 33761 J. B. Johnson 3237 San Pedro St.. 33759 Current member of Environmental Advisory Board Founder and President of WRD Construction Consultants Business and Insurance 11. Dana K. Tallman 3033 Pin Oak Drive, 33759 Environmental Engineer (Yes to alternate seat) 12. Kelly Sutton, PE 1711 Ashton Abbey Rd, 33755 Environmental Engineer/Consult (Yes to alternate seat) 13. William L. Johnson 479 East Shore Dr. #1, 33767 Real Estate (Yes to alternate seat) Name: RECEIVED DEe 02 2003 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) OFFICIAL RECOROS AND ~ lEGISLATIVE SRVCS OEPT U A.N\\,R.. \-.Je~e-u\ Home Address: l "11... ~ E O~ G'c...J h"T eQ.. CLeA;l\w1\taL Telephone: 1-19..). 4400 How long a resident of Clearwater? 4 'eeAL<; Occupation: MOle\- ONNe~ Field of Education: E:>S It-,) f\~"Tc(.,-rulLe - NV'VJ Yot.k... \ NC,\I\\.Kc (k \e-w~oc..~ \ t11 <h - \~ 2.,-e, lJlL\ \A:: Zip :,~ lSS' Office Address: ~ME Zip Telephone: 44\. ,1-C1s- Employer: S:-'-~ Other Work Experience: ~ ~1~ ~ r--'\A~~t;M~ At--O IX.."~PM~ If retired, former occupation: Community Activities: C4A\n........~ a:: 1cG6 WA..tv.,~ ~ltN) M~~ ~ L,. c, ,o~ Ck\~"1b~ o~ 0Jf'o'\M~ ,FO\Jt--)()liil $. Cu:;t\u->~ 4~ PlDl1Mrl'A Other Interests: h)^~ H~h...,\\ ()f= Ye tJ\~I'(., ~flgw r; ~ 14g- ~~ ~M_ Board Service (current and past): Board Preference: 1.aj~ CuA.JT~_ IJ-ev, OJ\) C.OMM 1f\7'f1 - C D ~ WA\t\...""""~ Additional Comments: Si9~~ ~~ \. 11.l\ ()~ Date: See attached list for boards that require Financial Disclosure at time of appointment. Please return this application and board questionnaire to: Official Records & Legislative Services, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? "\lle CD& IS Q.ec;p(J~lbu~ t=(jL 2..6\J\~ ~ A-fPQ.ovro.... c;;::. ALL "2.oN\,,->c, AM) (Ar-..,C) \.he 1~1Je-::. \V\I'n "5\~ o...eCUf"'\I''''lI>,~.JQ<) ALe ~ )(1"'\ I to-) CO'"' pv\A-wc...G' ~ C\. )Q..'-~N\ t2..G'CtU\...}l:'-{\ON":. I 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? "{~. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? \ Qx CE\VtiO A ~ ~1L6e It--...,) A/l...V...Jt qv:~l' )/L,C AN{) ~ ~Q...L...ro FOL.. Yfi'M~ t-.S Ac..> ~l..C-u~ 'I "S~ M;6,t0~~~'. ~~ MIl.t-. );.,~~ ~ J)ev\J\...0PcQ..... \ A.M 4\\..'Sn A LAND ~ ~\JSI "->~<:::> o~--Q..- I~ -rut=; C\'1'T at: CL.. eA~J\oo...) Pn,,~ . 4. Why do you want to serve on this Board? \ \bE'L' fN~ --rL.\~\ Cl-e'A;t\ ~~ I~ ot'--,} A PK7\.lr ,,~ CjILoWl\...\ ~ \M~o..ov~~. 0\== ~ePQ.. 8S1,,<\G \ JI'<.\A),'(b AvO - \ l.J...>Ov\..-~ \..,...\~ '0 (A.~~ \:2.ti"ti~ ~ ~-rU CL..-t:JA:CL ANJ Co"-b\-Sl~ I,.Vh~ ~6 G,oA-o...,<:' ~ ouP.... CO,,", M\.I tv'l'j Nam~ AN' he.. ....~e>v10~ Board Name: C \J ?:J Name: RECEIVED JAN 2 9 200~ CITY OF CLEARWATER - APPLICATION FOR ADVISORY BO~ RECO _---- ~must.,"'Clearwater resident) lEGISLATIVE SRV~: ~~ / dM 0d~tf"vN Home Address: :/ ~ 5/cZ/ Vi(~/ &~e fa,. '/ (9..-'/..eP~ ZiD ~1)6~- Telephone: 7::2) "/ / ~ 9/.?.:3- How long a resident of Clearwater? Occupation: K -f!a l-hr- Field of Education: C; ~~ / ~ /1 V' ZiD ~l ;>,{? yJ..;l "I/~/ . T If reti~~~nner occupation: :: ~ I ;1JI::' h4/''''':'Al' /' f",,.. v/c..,,~ Community Activities: :;;,.~ VI..- I'~ ~ ~,c.I/Alc5 ,.? JoPa-c ::KA.zIJI. t'fy( $() (~~t/;lrJ/~) Ot er Interests: BO:( Service (current and past): () tI r ~ tf'L ICl./ JI/ r/~ ...J;....J .2 /lJ :r Additional Comments: /!,/ h ;><.J'u( .,) Board Preference: %~:;; ty~t;~r ~.w~ ~ I'tt;// a~ . ;f-v;n !l?(}~ /Jr ~ ( vi-- I2cc ~ ~4!f24(J -2VZJ .l Sign~ See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue ~- Date: /.....;l. ~.;:LC7tl Y j , '" f 1'-.; err" CITY OF ClEARWATER - APPUCATION FOR ADVISORY ~'OARDS' .. (must be Clearwater resident) ,.' ; Name: Nicholas C. Fritsch Home Address: 1310 Gulf Boulevard unit 8-0 ClealWater. 33767 Telephone: 595-6528 How long a resident of ClealWater? eiaht years Occupation: retired Field of Education: Office Address: retired. Telephone: nla Employer: retired Other Work Experience: Pinellas County General Services and Purchasina Deot Head of mechanical trades at a oharmaceutical research & Economics If retired, former occupation: administration camous. Community Activities: Pinellaa County - General Services intern and "Partner in Proaress Award nominee" 1995. Sand Kev Civic Association - Daat 1st vice-Dresident and treasurer. Citizens for a Better Clearwater. Big Brothers and Bia Sisters of Pinellas County 1999-2001. Paint Your Heart Out ClealWater 2001.2002, Other Interests:Attendina NASCAR races and tennis Board Service (current and past): current - Board Preference: secretarY. Purdue University Club of Tamoa Community Develooment Board Bay Dast - 1st vice-oresident & treasurer of Sand Key. Association. Jolley Trollev Board Additional Comments: I enioy beina active in issues that are imDortant to the City: esoecially economic develoDment and I resoect the city leaders and staff. Signed: Date: March 22. 2002 See attached list for boards that require Financial Disclosure at the time of employment Please return this application and board questionnaire to the City Clerk's Dept. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? The board receives reQuests for variance. rezoninQ and aDDeals to the City's Land Use Plan and Community DeveloDment Code. It evaluates the aDDlicanfs written submission aaainst the aDDlicable sections of the code and or Dlan. Followina the oral presentation by staff and the aPDlicant. the board discusses the relevant facts and issues: ultimatelv renderina a decision to recommend to accept or deny the apDlicanfs proposal based on its merits. For flexible development oroPOsals. it has final authority. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? PreviouslY. I have spoken in support or oDPOsition to proposals to the Community Development Board or its' predecessor on three occasions. Additionallv. I have watched the proceedinas on several occasions. 3.. What background and/or qualifications do you have that you feel would qualify you to serve on the board? I have planned or directed the mechanical maintenance or coordinated the construction of a variety of buildinas and on-site utility distribution systems for more than eiaht years. These Qualifications will offer the board some additional insiaht into the impact of the proDosals on the land and city infrastructure. In addition. I was the corporate administrator of the emplovee suaaestion plan for more than 5 years which evaJuated aDDroximatelv 40.000 ideas with annual cash awards of $300.000 to more than $750.000 a Year. Judaina and insurina the fairness and eauitv of that volume of personal ideas with often misoerceived value bv the employee is pretty touch evaluation. Amona those 40.000 ideas onlY one was aD pealed outside of the routine orocess and it was upheld in a private meetina with the chair of the corporate committee. the emplovee and mvself. 4. Why do you want to serve on the board? In the course of mv contact with citv commissioners. boards and staff I have endeavored to offer mv oDinion with resDed and intearitv. I love the City and wish to contribute to its strengths and vitalitv. Bioaraohical Sketch 1 Nicholas C. Fritsch Personal: · Married, wife Jena 23 years · Son, Allen · Daughter, Nicole · Clearwater resident 1993 to present 1310 Gulf Boulevard Unit 8-0 - 595-6528 - Email: njonbeach@email.msn.com Education: · Butler University - 12 graduate credit hours towards Master's Degree .. Purdue University - Bachelor of Science in Economics Work Experience: Eli Lilly and Co. (pharmaceuticals) 27+ years retired 1993 · Facilities management - Dept. Head - mechanical trades for research & administration - Senior project engineer - facilities services · Materials management - Dept. Head - warehousing and receiving - Buyer - purchasing equipment and supplies Pinellas County 1995-1997 · General Services - Engineering Specialist I - construction of Criminal Justice Center and Jail · Purchasing - Assistant Director KePro Inc. (Medicaid contractor) 1994-1995 ., Manager, Administrative Services Military Experience: · Viet Nam veteran and active duty during Desert Storm · U.S. Army and Reserves - 30 years, retired · Colonel, Military Intelligence 1 As of March, 2002 Community Service: · Pinellas County - General Services intern "Partner in Progress Award nominee" 1995 · Big Brothers and Big Sisters of Pinellas County 1999-2001 · Paint Your Heart Out Clearwater 2001-2002 · Sand Key Civic Association - past 1 st vice-president and treasurer and liaison to Barrier Island Government Council (BIG-C) · Jolley Trolley - past board member 1997 · Purdue University Club of Tampa Bay, secretary · Professional Placement Network for Pinellas County, past president Professional associations and experience: · Past President, VP and Board Member, International Employee Involvement Association (formerly, the National Association of Employee Suggestion Systems) · Reserve Officers Association - Life Member · Purdue University Alumni Association - Life Member · Community Association Manager license (inactive) Hobbies: · Volunteer service · .Attending NASCAR races · Tennis y'i' 't' . CITY OF CLEARWATER - APPLICATION FOR ADV/SORy'~~QFIVED (must be Clearwater resident) JUN 20 2001 Name: t t/Tf G ~IJ E,Y OITY CLERK DEPAlmAr5NT Home Address: Office Address: l~ ~ D R.L1J bf f1Joo/J Sf. t~L()J f(. li0337SS- liD Telephone: 7;} 7 - t./1~ - I 1~cfs- Telephone: How long a resident of Clearwater? . .} (~ Occupation:---1) /(),iJj~ _ Employer: . . JJIf-S . . ~~ ,~ If retired, former occup Community Activities: ~~, ........ Other . Interests: Board Service (current and past): L I M ~/.y f5/J !-l iJ Board Preference:. ~ ~ e JrI1/flUi1u '--t:;~ : Additional Comments: Signed: Date:~ - /9 - () I See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, .112 5. Osceola Avenue V'1/D"J.~ (Lu.p 0'-1-J.~ , BOARD QUESTIONNAIRE r ~ 1. What is your understanding of the board's duties and responsibilities? ~ -Ill- , I ~ ~ . 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? -!fA - rMC-V~ 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? .. P~-i~'"^~~ 4. Why do you want to serve on this 4J '~ ~-~A~. ~ ",,--.. . ( J~+~T .- Name: Board Name: ~/)6 CllY OF CLEARWATER. APPLICATION FOR ADVISORY BOARDS (mult be Clearwater resident) Name: Doua-las L. Hilkert Home Address: 2227 Habersham Drive OffIce Address: 2557 Nurserv Road. Suite A Clearwater, FL liD 33764 ~J.eBrvat.er. FL Zip 33764 Telephone: ("7 \ ~2~-14~O How long a resident of Clearwater? Occupation: Attorney Field of Education: B.A. Southern.Nazarene University Telephone: (727) 507-9559 4~ years (25 plus in pinellas County) Employer: Douglls 1. lHlkliitrt P 1 Other Work experience: J.D. st.AtIQ~ Univ.r.i~y Col1A~. of Law If retired I tonner occupation: Community Activities: Cha.irma.n Planning and zoning Board; Vice-Chairman ~~~r~pr ~Av4A~ ~~mmf+.+... Other Interests: Board Service (current and past): p & z Board Preference: COB Charter Review Additional Comments: ~ned: ;};;/ Date: February 15, 1999 See attached list lor boards that require Financial Disclosure at time of appointment Please return this application & board questionnaire for each board Osted to: City Clerk's Department, P_ O. Box 4748, Clearwater, Fl 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue ,f,'7/o I - \/~;\-i{e.d QlY)+i"lI-ed l/Ift,/od.-- II ~l {~~re-s-l- ., I , . ':. CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: Home Address: WTT.T.TnM t' f(T~TU~ Office Address: 11 34 Bohenia Circle North Clearwater, Florida: Zip 33767 Telephone: 446-4870 How long a resident of Clearwater? Occupation: Financial Advisor Field of Education: Telephone: lR YPrlr!': Employer: Ame~ Express ~:~4; r~c Other Work Experience: Associate degree, engineering Maqnetics enqineer B.S. degree, physics & mathematics Plrlnr Mrln::l~pr M.B.A. degree, finance & marketinq If retired, former occupation: n/a General Manaoer Business owner Community Activities: Director, Jolley Trol'py. n;rp~rnr ~ VP ~1p::lrw~tpr Beach Association Other Interests: Woodworkinq and mechanics Board Service (current and past): Board Preference: Parks & Recreation Community Development Board Parks & Recreation Board Additional Comments: Signed: {;IL~ Date: Aoril 13, 1999 See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748. Clearwater, FL 33758-4748 or drop off at City Hall. 2nd. Floor, 112 S. Osceola Avenue l!cf!OI- ~ f OW bo~ \:~+S \ ll~f OJ. - l. '( . It" It A. A RRCEIVED APR 1 J 1999 CITY CU:~;K DEPT. ..L f BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? The board assists the Parks & Rec. staff in evaluating current facilities and activities and recommending improvements and capital expansion for parks and recreation facilities to the City Commission. 2. Have you ever observed a board meeting either in person or on C-View, the . City's TV station? A number of times including a four year term as a member of the Parks and Recreation Advisory Board. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? My prior experience on this boara provides me wit~ a thorough appreciation of the board's purpose and responsibility. I have a keen interest in athletics and recreation ~y way of my 9articipation. I have a sound background in finance that could help in prior- itizing evaluatec projects. 4. Why do you want to serve on this Board? I'd like to continue working toward the objectives set durinamy previous term in makinq the parks and Recreation Department the finest in the State of Florida and its facilities and urograms second to none that we would be proud of. Name: William P. Kirbas Board Name: Par'-cs 1~1En: . R ~,~ (~ E\ V, \ ...- and ,R~creatlon i\\'R 16 1999 "'I-.V C I ;;;.:~\"K DE.PT. \,; j I ..1"--' . ~. I . BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? The board is a comprehensive administrative board that has assumed reponsibilty of prior multiple board activities involving zoning and land use, development code adjust- ments, design review and planning. It is this board's obligation to conduct public hearings relating to petitions brought before the board by residents and interested parties. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? Many times as well as serving on the Parks and Recreation Advisory Board for four years. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? I have the academi~c background and work experience to qualify me in rendering fair and sound judgment regarding matters of, development brought before the board. . I have engineering and financial training that would assist me in comprehending and evaluating matters under discussion. 4. Why do you want to serve on this Board? I have been a resident of Clearwater for over 18 years. I've addressed the city commission and various boards relatinq to codes, planninq and zoninq. I'm more than familiar with the affairs of the City, past and present. I'm interested in enhancing tha quality of life ,for our Name: William P. Kirbas residents and I would offer my advice to achieve it. Cnmmlln i 8 ~Q~JmX~ n ~\PR 16 1999 Board Name: CITV CLEi'iK OEPT ~ 1 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) ~//;,tJ-11? J. /J1 ~C/7.JIJ. iJE- , Name: Home Address: /5b 3 TOR,.vG/C SrteE"E'7 ()l.-e/irewn~ . FL Zip 3376' ./ Telephone: 7 Z 7- l./- t.f 3 -7 (P (.0 Telephone: How long a resident of Clearwater? 51;2.. e.q 1'5 '~~.o:~~~~.&~~~:"~7~:u"'-".. . - ~-=..~:-..:..,..". '. -.. ~ P~IV,.J<::r.C- Field of Education: . Other Work Experience: {!, v JL (!- ST IC.VC7U(i!!,<K. 6.JG/~ ---J:>.l ~~~;J ~ E "'5'" ~,"'l'" \ "'J.- errI t Rf!1'JW4l.- A~vP/,JtS- -\aLf s., 6.{.\,c~,~Y I ~Lt1-~~1 If retired, former occupation: Community Activities: c..)/AJR..r'~p..J. bE~/6J1 I?EV)e;~ !30"7tea Ca''f1c'~ j:~. f3~EU-I9-> Cu~ S:'FJvTl Fi.JL/, 73o~eo IiIf D/6TC::7oes ,/ tJ Other Interests: / Board Service (current and past): 7)€S(t:.~ Kevl€k./ ~lJlfteo Additional Comments: Board Preference: LOIVJMVA/rr1 Uevl3UJf71YJ1T1J7 ~~~p Date: ~~ /l )'/'/' See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 11~ S. Osceola Avenue '- p 'P ("! E I 'iT n n ( 0 { _ ~p en ( \~+-. ,. . ) _,J.. \: ..~ '".'" . '1'1f())._'1 \. ,. FEB171999 SfTY CLl.:.l:-: DEPY. Signe . WILLIAM J. McCANN, P.E., P.P. Licensed Professional Engineer and Professional Planner 1563 Turner Street Clearwater. FL 33756 727-443-7660 BACKGROUND and PROJECTS CIVIC Chairperson - Design Review Board - City of Clearwater. FL Board of Directors - Keep Pinellas County Beautiful. Inc. Member - Planning Board - Atlantic Highlands. NJ - 1977-78 Member - Zoning Board - Atlantic Highlands. NJ - 1975-76 PROFESSIONAL LICENSES Professional Engineer - Florida - 1996 Professional Engineer - New Jersey - 1972 Professional Engineer - New York -1972 Professional Engineer - Pennsylvania - 1974 Licensed Land Surveyor - Pennsylvania - 1980 Charter Member - American Institute of Certified Planners - October 1978 Certified by examination AICP Professional Planner - New Jersey - 1972 EDUCATION Master of City & Regional Planning - Rutgers University - 1978 Bachelor of Engineering (Civil Engineering) - Manhattan College - 1967 RELATED WORK EXPERIENCES and DESIGN Cnmmercial Carnegie Center - Planned Unit Development - 550 acres - 3.3 m1llion SF Planned Corporate Headquarters Office Park. 350.000 SF Commercial retail. 900 multi-family residential units Market Fair at Meadow Road Shopping Center - 350.000 SF Gateway Shopping Center - 225.000 SF CIVIL and SITE DESIGN Planned Unit Developments. ~lanned Residential Developments. Single Family. Townhouses, Condomiums, and Garden Apartments. Retirement Communities. . Subdivisions and Site Plans for office buildings and shopping centers Site layout, grading. earthwork quantities, railroad track design. utility seIVices. Drainage systems. detention and retention basins. infiltration and exf11tration systems. Sanitary sewerage systems. collection mains. 11ft stations. force mains, regional systems: interceptor trunk lines. pump stations, force mains and package treatment plant designs. RR~FI~rED FEB.1 7 1999 ('" rT'\."-." - ',./, , , (,1. '.... .' ,~. !")... t,,-. .......... I"~, r.,.~ ~,"'" CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) o (' K, \. _~ (_0 l~ C;' 1+ 11 _ Office Address: tt6 8~ y fb QCC:ftRLUr4:- Tf IC zip-33/~ ~/ . Telephone: <{ <./ c3 \ 3 b:3 0 Telephone: How long a resid,t of Clearwater? .3 '3 Y R .r Occupation: i.. f Tl/!..K...h Field of Education: BU5/AJESS if1Gr Name: ~ of-. m It Home Address: /) . . / 7 C;G /~H TO IV RECEIVED APR ~ 2 20D4 OFFICIAL RECORDS AND LiGIS/.;ATtV! SRvc.;~ OEPT Zip If retired, former occupation: Community Activities: {fI13 IYl Board Service (current and past): .....L}/J t.,rb Board Preference: O-bJ3 Additional Comments: I IV rt-t!-6 T Lb ( AJ MIL ~/ I/VG k;rJ2.. (']).8 I I~ CJC)KIIJ~ f-D t< Q /fA- j. C E IvG / A..G 0 fl0 ({! 17/~/ I T TJ-f l!rJ ) / E it/? Signed:' ~ f' Date:3 ' d.-I. u y See attached list for boards that require Financial Disclosure at time of appointment. Please return this application and board questionnaire to: Official Records & Legislative Services, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue. BOARD QUESTIONNAIRE 2.' Have you ever observed a board meeting either in person or on C-View, the C~tationl " UQ ~+-~ hlQ\l~L, ~ ~Qc. ~)"cWG..Q Q CD B L1wQ ...fc1;'" (ft.... G -(/r-Q w, ~ . 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? I ~: ~Cj ~-(f0~k.4'i~n~ ~ Clfvfu~ ~ +h~) ~~y~ i~ f 1/LUftC 1um1.. j 3~-& l;~ ~ (M S~UJ~. ~~-Ckc-,f-o..Cj) I~~~~ . '3 3 ~. 3 <>.JWJ:.. ~ ~ = GW-ivl'.."'-~ r',<;; Gl'<-k,\ t, ~~k 'tu~. 4.. Why do you want to servo on this Boa;'d? C . i h ~.. Cluv\...--? ~ ~ ~ l All. ~.A,Lh . . 1. What is your understanding of the board's duties and res onsibilities? 70 , '. U}W!i ,-Iv /. ' .~~otM\W ~~ ,~- C~ L(J ~Q. ftQ.~R.J"~L~ G...- ~. -tv ~ ~~, C9.-JJ 19:~;\\-o () Name: ~ouem{} R CkLDu..c; 1+ Board Name: Q D 13 CITY OF CLEARWATER APPLICATION FOR ADVISORY BOARDS RESPONSE OF William R. DiMarino, P .E. RECEIVED MAY 102004 OFFICIAL RECORDS AND LEGISLATIVE SRVCS OEPT 1. Name: a. William R. DiMarino 2. Home Address: a. 2821lafltte Court Clearwater, FI 33761 3. Home Telephone: a. 727-772-5769 4. Office Address: a. 2821 lafitte Court Clearwater, FI 33761 5. Office Telephone: a. 727- n2-5769 6. How long a resident of Clearwater? a. I have been a resident of Pinellas County for 23 years having lived within, and on the periphery of, the City of Clearwater during that entire time. Specifically within the City limits from 1981 to 1986; in Belleair Beach from 1986 to 2000; in Palm Harbor from 2000 to 2002; within the City limits from 2002 to the present. 7. Occupation: a. Founder and President of WRD Construction Consultants. Please refer to the credentials attached hereto for details. 8. Employer: a. WRD Construction Consultants 9. Field of Education: a. as Civil Engineering w I major in Construction Management from Drexel Institute of Technology 1968. 10. OtherWOft Experience: a. Ucensed Professional Engineer - Florida, Pennsylvania, and New Jersey b. Certified General Contrador - FL #CGC 043446 c. Affiliations I Accreditations - Please refer to the credentials attached hereto. d. Detailed experience - Please refer to the Personal Projects and Corporate Histories attached hereto. I L~__..____________ 1 11. If retired, former occupation: a. Not applicable 12. Community Activities: a. Past two (2) term. Vice President of Laurel Oaks Condominium Association. b. Past partial terms as Vice President and President of Chateaux Woods Condominium Association. c. Past Chairman of Laurel Oaks Neighborhood Watch Program I Committee working in conjunction with the Pinellas County Sheriff's office. d. Eucharistic Minister - Sl Michael the Archangel Church, Clearwater FI 13. Other Interests: a. Boating b. Local and national sports 14. Board Service (QJrrent and past): a. N/A 15. Board Preference: a. Community Development Board - Mr. Mazur's open seat 16. Additional Comments: a. Please refer to Resume, Projects, and Corporate History attached hereto . for additional details of my qualifications. Signed: ~ William R. DiMarino ~Ioy Date 2 BOARD QUESTIONNAIRE RESPONSE OF William R. DiMarino, P .E. 1. What is your understanding of the Board's duties and responsibilities? a. My understanding of the Board's duties and responsibilities is that it addresses and deliberates matters related to planning and development; it conducts hearings in a public forum; it conducts certain design reviews; it evaluates applications and reviews requests for land use changes and/or potential rezoning; it decides matters, at times, that are not within the discretion of the city's staff; it serves as the planning agency to review and advise the City Commission regarding the City's Comprehensive Plan. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? a. I have not specifically attended a meeting nor made presentations to the Board. However, I have assisted in land use, development, as well as code issues that are pertinent to this and other similar Boards in Pine lias and Pasco Counties as a part of my services to Clients and in association with Counsel. Additionally, I have had a long standing relationship with Mr. Mazur and other professionals within the community as well as having observed Board meetings on C-View. 3. What background and/or qualifications do you have that you feel would qualify you to serve on the Board? a. I believe that I am uniquely qualified to serve on the Board. I am a long term resident of Pinellas County and the Greater Clearwater area; am licensed as a Professional Engineer and General Contractor; and deal with issues that the Board addresses as a matter of my profession and services that I provide my clients. I have the ability to make unbiased and professional decisions. And, I have established working relationships within the community for more than 20 years. 4. Why do you want to serve on this Board? a. My appointment to the Board will provide me the opportunity to serve my community and its citizens thus creating benefits with regard to the City's overall vision and development I believe that my technical, professional, and interpersonal skills and abilities can, and will, be asSets to the City of Clearwater. ~ ~ . ~ Signed: . - William R. DiMarino .r/;j~ Date Board Name: Community Development Board 3 WRD CONSTRUCI10N CONSULTANTS William R. DiMarino, P.E. FL IeGC 043446 2821 Lafttte Court Clearwater, FI 33761 (727)m.s769 (127) n1-7514 (Fill() EmaH: wrdconsualverizon.net SPECIALIZING IN .Project Manageme~ *Plannlng *Schedullng *Estlmating *Value Engineering *ConstructIblllty Review .000er'a Representatives . .Change Order Control .Inspection *Project Close Out .Clalms Prevention *Dispute Resolution Honorable Mayor Brian Aungst and City Council members City of Clearwater 112 S. Osceola Ave. Clearwater, FI 33756 RE: Community Development Board Appointment May 9, 2004 Ladies and Gentlemen, Please accept my application for the appointment to the Community Development Board seat that has been vacated by Mr. Edward Mazur. I recognize that each of you might not have much knowledge of who I am, and/or why I should serve on the Board. However, I can assure you that after you have reviewed my credentials, and been given the opportunity to have met with me, you will conclude that I am uniquely qualified for this appointment. The desire to serve the community and our citizens in a productive manner has been a vision of mine for sometime. The opportunity to fulfill this desire was sparked by an email sent by Mr. Chuck Warrington to me and other members of the Florida Engineering Society seeking a candidate to fill the SQarcl vacancy. Subsequently, I sought the advice and counsel of Mr. Mazur, other Engineers, as \'11811 as respected business men within the community who have come to know me over the years. Having heard their opinions I concluded that the timing of the position, its challenges, and my skills and abilities were compatible as well as appropriate. I am enthusiastic about this position and would \'II8lcome the opportunity to meet with you in the appropriate forum to answer any questions that you might have. Thank you for considering my application. I seek your positive response, and look forward to working with you. Respectfully submitted, William R. DiMarino, ~ Enclosures: COB Application & Credentials . WiIh Mere Than 35 Yea", Of Pror...onal experience, We Can Help Yoolf * You're ThInking AbcM Starting A Project. Yoo'relnvolved In A Project Now. Your Project Didn't Meet Your Expectations WRD CONSTRUCTION CONSULTANTS William R. DiMarino, P.E. FL .eGC 043446 2821 Lafitte Court Clearwater, FI 33761 (727)m~769 (727) n1.7514 (Fax) Emall: wrdconsu~verizon.net SPECIALIZING IN *project Management *PIamlng *Scheduling *Estlmatlng *Value Engineering *ConstructiblIlly Review *0Wner'8 RepreeentatIVes *Change Order Control *Inspec:tion *prqect Close Out *Clalms Prevention *Dlspute Resolution RESUME OF QUALIFICATIONS EXPERIENCE: Founder and President ofWRD CONSTRUCTION CONSULTANTS. Prior to forming his own company Mr. DiMarino acquired more than 29 years of professional experience in a broad spectrum of markets throughout the United States and overseas with significant and recognized accomplishment in overall management, operational control, and marketing of construction projects, divisions, and companies. This experience encompassed the executive and operations management, during both design and construction phases, of major projects consisting of educational, judicial, correctional, athletic, hea1thcare, hotel, convention center, parking, process/chemical, solid waste recovery, water/waste water, corporate, multi-family, and religious worship facilities. SKILLS: . Management of finances, tradesmen, equipment and materials; coordination with Architects, Engineers and Owners to determine needs, schedules and priorities; scheduling manpower and equipment for maximum utilization and cost containment; development of budgets and estimates; selection and supervision of contractors; establishment and implementation of safety, labor relations and minority participation programs; purchasing supplies, equipment and tools; screening, training, and evaluation of personnel; office functions including procedures, policies, projections, accounting/fund disbursement, management reporting and the ability to maintain positive and productive relationships with employees and clients. STRENGTHS: Analytical, thorough, innovative and disciplined.. .ability to effectively supervise/motivate...to positively influence and inspire confidence... offers first-rate personal presentation. attitude and mannerisms... willingly accepts responsibility. EMPLOYMENT: 1993 to Present - President WRD CONSTRUCTION CONSULTANTS - Clearwater, Florida Duties - Complete ownership, operational control and perfonnance of professional services of a consulting firm which specializes in PI;uming. Management, Inspection. Owner's Representation. and Dispute Resolution Services for Owners, Architects, Contractors, Financial Institutions, and Attorneys in the public and private sectors. WIIh More Than 35 Years Of Prof888lonli1 experience, We Can Help You If * You're Thinki1g Abo~ Starting A Project * You're Involved In A Project Now * Your Project DIdn't Meet Your Expectations 1986 to 1993 - Proieet EIeeutive Gilbane Building Company - Providence, Rhode Island Duties - Total responsibility for multiple. projects, staffs. and- a. diWioD- office. Majol' accomplishments included completion of $300MM of various &cilities on time, within budget, and at increased profits. Negotiated a long-tenn contract agreement with a major client, as well as established corporate relationships with Owners and AlE's. Selected as 1 of only 13 instructors to design and implement a 52MM corporate training program and conducted more than 30 seminars over 6 years. 1985 to 1986 - Vice President OoeratioDS Peter R. Brown Company, Inc. - Largo, Florida Duties - Total responsibility for operations of $45MM1year Company. Instrumental in complete PIL turnaround of company from 5300,000 loss to 5250,000 profit in one year. Developed and implemented systems and policies which resulted in improved project and office efficiencies; increased billings and collections; shortened project schedules and improved safety records. Successfully negotiated major contacts with Owners resulting in timely and profitable delivery of&cilities. 1984 to 1985 - OoeratioDS Manuer Federal Construction Company - St. Petersburg, Florida Duties - Operations management of multiple projects ranging in cost of $4MM to 525MM in the public and private sectors including healthcare and correctional facilities. 1980 to 1984 - Construction Manuer Procon, Inc. - Des Plaines, minois Duties - Total responsibility from bid phase to operations for all facets of construction involving major contracts; supervision of 600 staft: tradesmen, subcontractors, etc.; completed $75MM Solid Waste Recovery &cility in Pinellas Park, Florida 3-112 months ahead of schedule, and a 5125MM Anhydrous Ethanol plant. 1968 to 1980 Fluor EctC Inc. - Los Angeles, California Held various positions from Field Engineer to Superintendent on numerous chemical, synthetic fuel and petrochemical facilities throughout the United States and overseas ranging from 590MM to 52.4 billion. Additionally was assigned as assistant to V.P. Construction for 2 years monitoring and coordinating execution ofworldwide projects. 2 I EDUCATION: OSCE. Civil Engineerin2 - ~or in Construction Manarement Drexel Institute of Technology - Philadelphia, Pennsylvania LICENSES I AFFILIATIONS: Professional Engineer - FL, P A, Nl Certified General Contractor - Florida lieGe 043446 National Society of Professional Engineers - Member Florida Society of Professional Engineers - Member Professional Engineers in Construction - Charter Member American Society of Civil Engineers - Member American Arbitration Association - Past Panel Member American Bar Association - Associate Member ACCREDITATIONS: Past Adjunct Professor, University of South Florida. 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'i 'i I ~ .- ! .- '5 ~ ~ ~ ~ ~ Foi :> .!:i I 1 ! .f I I I f u i~ ~] {/j {/j ~ j ~ fS ~ ~ .fi '0 ~J {/j< i< ~ ~ ~ ! 8< CS CS n ~ ~~ :!.r < t5 .6 ~u ~ g .!I < ~~ ~1 ~ :.= ~~ ~ ~m u ~ -8~ ~ ~ Name: CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) :::r B. ~ A/ sol/' Home Address: :32; 1 ~~ ~;fIDM 6r: ~o Zip~7S"q Telephone:?~ 7 ??- b'" ~atf Telephone: How long a resident of Clearwater? ,Jq + y~.,4~ . Occupation: Employer: Field of Education: Other Work Experience: 3l/SIIIJ!l:S Ao-wp / ~f.I~~ Office Address: RECEIVED MAY 05 2004 OFFICIAL Qt:c LEGISLATIVE s;>:OS AND ~fP:>EPT Ifrelired. formeroccupaliolif/P -::fiWI/MIS 1i-u (V$/l~ ~ 3~y$ =d;:~~~~~~~je!~~;;t~1/1 Other Interests:~L~ - 8/1slglJt. L .. Y,up ,,")dR.ll- #B..p/ Uf OT1J::.e~ . [ Board Service (current and past): Board Preference: ?L,A-I//VI., ~'P .2'J/(J/f Ur#.UU,VH:' ])~IILUpH.tJfr ~n fittl Additional Comments: ~filL .. ~~,..., - t15fff~ Signed:~ Dale:~ ..r; j,JJif See attached list for boards that require Financial Disclosure at time of appointment. Please return this application and board questionnaire to: Official Records & Legislative Services, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? {t>~VI J!ct.I Cn~ ;rScA:.:NtJ V 'P l.lW$ ~ 1 DUJ W"T$ JJI-/ V M.A~ ~cr.St OtJ r D 16fJn> "IV 2 t:J "", l' ~Ii ?VI. .,ldV) 'P-&'!-'Ot.e J1vp r'-"F\~t.J> .AL;s~T>A- I~~ - J,J.Jb A~IwE'I..,m'~ ~~-n4"S .1' tl>>tlftsll4A-- 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? ~s - IV ?t.{(~ 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? 6'c,et/,c~ OAf' (J'T"~R... C '-ry ~O ~ fl1) S U()RJ<J "f ~r~t f..IIC a!- ~ 1''*' -riM/!. ~P'l/VIf,S. !Pm fb,~ c,1.X.~ A-s 8 CIS (l/!.JS DE I//!.l-~ f)1i&r . 4. Why do you want to serve on this Board? / d'Ul/@ ow -rl\E. QJJ,J.HfSSl()~ ~TrlHJ5., &,4~D ~.. S- f (J/lftJ Aat.D iJl!J~ e,.:p l.. tkE 'T"f) 16~ A-CIS ttr or -n..,e.. I . 7ZCISIOV }tI-IULI"f 'fRtcE.{$ ~s. cpa -:Fi,1/lws Name:~ Board Name: C p ;, L RECEIVED Name: no..~~ K. T~\\MOl.~ . . MAY 13 2004 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT Home Address: Office Address: 303~ .p,~Ocd< 1)f~V~ S300 VJt2a+ Q.ypress. S+-r~ S'kscr Qj~~lc..r 1=\. ZiD 3~~ I~c-.. /)r=\ ZiD ~3bO+ I Telephone: l ~'2.-:r) =1-qG:;- 2.11 ~ Telephone: LB~~) 2 a 2..- "+"2. -=?or ..a...'I(,t- 3~ How long a resident of Clearwater? --l 0 W\;O~ ~ Occupation: EA".rOA~~ E',^~,~ Employer:J gs i :r Field of Education: . Other Work Experience: \ ~S G;.1a/'/Iv\~-l G./lit'~~,J(,- P("~.JIO~ ~~fNU/" lP~.1- ~E.. e:1\&ld.^~~ ~8'6IUI1J4rl-d L"" ~ S~ ~ PlcvLJc.... c. - ~ C a.l ,G..r (\ I c... If retired, former occupation: Community Activities: A. )/ A- , I Other Interests: c::;:..o (t, ~. oS h'"04 6 Board Service (current and past): rJo~ ""'I y..". D S ':)1\ s.. Board Preference: ~M"^ : ~ ~eLaph\&J" Additional Comments: SignedJOMQ k "-Z - Date: ;Y\ 'd. ~ 1.. 2.0 0 '-\ I See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? ~J~ i ~Llop ~d f/~a IjStl~,). ~,~ tlCl.rl~ r~6S+.s ~(" 1\i:J.-.-) ~l/Q)oP~J &AJ:k . I~J. v-St2. ~J re ~"",t^'~ {'tJ,A~~ A-~s,J.+ (1.JZ)NlMJ~JI~'" (.A.I ~"'" c.w.fJ~.I2..1L ~#''/4 f Ia-... . 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? . . ~-e '> 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? I ~ '{ EAr .j € ..QAA~ 1~.lUU"~ .9?fJ~/~ (....r cyo tI~ "ft1.~ CJL'~~J (<l-~~ ~ ~d ~1AJ4-le.s. '). 1: v~..v,s;~ -bt)~ d..e...ll.,r:- Q-d a...a^~k"c,.,'b~ ISJ.Jf!!..l ~ ~A.oJ /J' 6.~SIS+ ~ C,c;t;lMcJ^:" ~et.of~ L5o~l'd c-1~~ \+.s: p /~ ~~ d.eP~wp~ W\A,,~.s, 4. Why do you want to serve on this Board? \b P/QJ,,~ ..sON\e ~/~ ~ba....l k -h ~ C!.:>>INl.vlV~:~. &" TJ....~t'd d row~ ; $ lVl1/~(+~ '-k> ~1efJJ'CAJ.k ~ J... w i)~ I ~ \ \ 1re. -l. L~-'f ~~ ,.. ( ~ ....J~ b~ ~ ~Jl.. ~ tA),,~\ LM.~ c'f~r wQ..~r G...t\. lW~ ~Aer pld.c.Jt 4-0 L~' &I. . Name: ~ k ~~ I" . --f--A -- Board Name: CJ:)Yl1m'-'^ ~ '" ~el.;)p~ 5-20-04;17:33 7275391294;# 2 RECEIVED CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOJlt~S 1 2004 (must be Clearwater resident) OFFICIAL RECORDS AND lEGISLATIVE SRVCS DEP'r Name: I<~L..L-C ?\J-1TDN I fe Home Address: J11\ ASttmN A1S~e'f (2D. ~C LEAe.vvAter2- Zip ~1?S Telephone:':? 2-1- l q B - D 2.4-3 How long a resident of Clearwater? .1- Yr<. Occupation:BJ\J. tN.ffiI~~/ CbN~ { Field of Education: I?s.." CHf-M lC rtL ~N6uNeE:1<.1 j\)q. . ,'" eN\J' ~ ~ Office Address: ?80 ffl~PLflCE BLVD. Su ITE- 300 J C~~l f1., ZiD~~ 1Sq Telephone: "12-1 - 5 -3 \ - 3>5D5 Employer:.::rBe:- bf<.oUP, ,NC. Other Work Experience: ~ :j, cfleeD !lliJJ~~ wA~--rewA-~ ~ fl&)r _~L- If retired, former occupation: -- Community Activities: yAlf\)T '(QuI<.. t1'e"1\e-,- blAT, AbDIT- A~ ~wA'f., ~CA . Otherlnterests: "B\~N611 \3.0kr/NBt( ~WIA.MAlt.J6.f t9JJlJjiNGr, UXJth-- B~{jfE.s Board Service (current and past): Board Preference: -1l0~~ DEvao Additional Comments: Signed: f.~ JIZ{ ~~ Date: .'5 ,. 2D - 0 t See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater. FL 33758-4748. or drop off your application at City Hall. 2nd Floor, 112 S. Osceola Avenue. 5-20-04;17:33 7275391294.; # 3 BOARD QUESTIONNAIRE y 1. What is your understanding of the board's duties and responsibilities? CDB IS A em~-BflSeD Boff~b W!hCH ,HuP5 ()I/~!/!f: ADtU/~~SjTl2.A1?lJN bF-~ mMMLuJfTY 'Df:lIR.oP~ {OL:>t;-, U~. !7fflJl1Lb BG flitJJlLt!lf( Wtrfl 1H'G C.OD~ j rrs 'fu3t-181~1Tf I)J ()~ 11 f(2.tJvl be ~t.AflLITY. ~~LIA1eD DtNEl.lJfmmr IN f45sfe::.-rs -rv "(ft€- su/u!./) 1JiJr:> J AJ e, /+1l-1?11 s - 2. Haye you ever observed a board meeting either in person or on C-View, the City's 1V station? _'(~~ - HAv~ ~~ VAt2JDu5 BDA{Zj) ME-E::JlNb1.$. ON c- VI~vV, 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? 1?e1N61 A PfLDFrESSIOrJffL ef\J(3JIN~ ItJ 11tE lONS1A..mlJ6] F3US,N c~s rI1B C'J.foSEJ) Me1b LAND DEVci.OPY'VlEflil R6.6ULftTJONS in How fi~'t.1 "BIL/TY IS (<J3).ul1<-6"b 5P~[1 P/CftLL Y IN A,zeAS. {(ep.GH7N61 CMACfTY 4. Why do you want to serve on this Board? 70 Gtf3r /f.M/l.e. INvOlJ/~ WiTH tVl'f CIJMWlUIJ Irf €iQlf31UVlWr)tLso , 7lJ fr<.nVIDe A [ITl?EAJ'S PfJ/1JT oF- VI~W O}J ~ f!d~J>~vf:UJfmeN-r ()F CIEt&Jtfl'f:1<-. -' CITY OF CLEARWATER - APPLICATION FOR ADVISORY Bo~EIVED (must be Clearwater resident) MAY 2 8 200~ Name:William L. Johnson Home Address: 479 East Shore Dr. #1 Clearwater Office Address: OFFICIAl RECORDS AND LEGISLATIVE SRVCS DEPT Zio33767 801 West Bay Dr. #406 Largo, FI. Telephone:641-3444 Zio33770 Employer: self Other Work Experience: First Federal S&L of Tarpon Springs, 1970-1980, left as Exec. V-P, Rutenberg Corp._ 1980-1991, Exec. V-P, in charge ofreal estate_ self-emoloyed in real estate brokeraQe and commercial deyelooment since then. Community ActiYities:Planning and zoning board, city of Clw, and Community Dey, Board Telephone:44 7 -0861 How long a resident of Clearwater?20 years Occupation: real estate Field of Education: UniY. of S. FI. BA. Business 1973 Other Interests:running, exercise Board Service (current and past): P&Z. Community Dev. Board Board Preference: CDB Additional Comments: Signed: Date: pr01 See attached list for ards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2hd Floor, 112 S. Osceola Avenue. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? _Since I was a member of this board previously I fully understand the duties and responsibilities of the COB board. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? _To many times to count_ 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? _Since I am in the commercial real estate and development field, I deal with engineers, attorneys and planners, tenants and other developers on a daily basis. I also deal with other city governments, county government throughout the state. I have lived out on the beach for the past 20 years, financed many homes in Countryside while at the bank and developed many homes and office building and the north wood plaza area while at Rutenberg. Recently helped in the redevelopment of LaBelle Plaza, Publix, at highland and Belleair. 4. Why do you want to serve on this Board? First and foremost to give back something, my time, to the community and help forge the city into the place I want to live the remainder of my lifetime. I also enjoy the interaction with the other board members and the sometimes tough decisions we are asked to make. I also like to know what is going on in the city and the COB board is next to being on the commission and I don't think the public could take two Bill Johnson's on the board. Even though some people said that they did vote for me this last election, Bill Jonson., they didn't notice the name difference. Name:_Bill Johnson (William)_ Board Name:_Community Development Board_ If /If. I MACFARLANE FERGUSON & McMuLLEN ATTORNEYS AND COUNSELORS AT LAW 1501 SOUTH F"LORIOA AVENUE LAKELANO. F"LORIOA 33803 18631 &80-9908 F"AX 18631 683-ZB49 400 NORTH TAMPA STREET. SUITE Z300 P.O. BOX IS3,lZIP 336011 TAMPA. FLORIDA 336DZ 1813' Z73-4Z00 F"'I f8131 Z73-439& ISZS COURT STREET P. O. BOX '..9 'ZIP ~37571 CLEARWATER. FLORID" 337515 17Z71441-89_ FAX f727' 442.8470 www.mrmlagal.com EMAlL: InfoOmlmlegal.com IN REPLY REF"ER TO: Clearwater \\'hw . I · ~'C, \-\.\ ~. \ June 16,2004 Mr. William Home, City Manager City of Clearwater Post Office Box 4748 Clearwater, FL 33758-4748 COPIES TO CITY COUNCIL JUN 1 6 200fIA HAND DELIVERY PRESS CLERK/ATTORNEY Re: South Beach Pavilion Dear Mr. Home: As you are aware, we represent Kenneth G. and Wade B. Hamilton. Their bid to continue operating the South Beach Pavilion until Beach By Design is implemented, was inaccurately presented. Their proposal to correct this mistake was not acceptable to the City under the terms ofthe RFP. As a result of the foregoing. and since the RFP did not bring forward other potential operators the City felt were qualified. the City is confronted with closing the South Beach Pavilion, which has operated for more than thirty (30) years, providing concessions, restrooms and beach services to citizens and tourists on Clearwater Beach. We would ask that the City not close the facilities or reduce the services until a better operation can be put on place, or until modifications are made on the beach which would require cessation of these activities. To allow the services to continue, just as they have for years, Ken and Wade Hamilton are willing to continue operations, just as they are presently being done, on a month-to-month basis, whereby either the City or the Hamiltons could cancel the month-to-month lease upon thirty (30) days written notice to the other. The Hamiltons would agree to pay a fixed or flat fee of$10,000/per month, payable in advance, to the City and would continue, as they have in the past, to provide insurance on the building, to maintain the restrooms and otherwise provide the same services as before. I would ask that the City revisit this issue and consider the foregoing. We do not believe that it is in the best interest of the City and those citizens who use the beach to reduce or cancel June 16, 2004 Page 2 services out of the South Beach Pavilion. This proposal will allow the same services to be ongoing. The City will have the option at any time, upon thirty (30) days written notice, to tenninate the arrangement. The City can of course seek new bids at any time or pursue other options, but without a cessation of services. I would ask that you and the Commission reconsider this issue at the next Commission meeting. As always, thank you for your assistance. Sincerely yours, HSC:koh cc: City Clerk Mayor Brian Aungst Commissioner Frank Hibbard Commissioner Hoyt Hamilton Commissioner Carlen Petersen Commissioner Bill Jonson ~. . Cline h:\data\aty\hsc\corresp. '04\horne.616.doc .#/.1/ Law Offices of JAMES A. HELINGER, JR., P. A. COPIES TO 814 CHESTNUT STREET CLEARWATER. FLORlDA 33756 JAMES A.IIEUNGER.]R. CITY COUNCIL JUN 172004 PRESS CLERK/ATTORNFv June 16, 2004 TELEPHONE (727) 443-5373 ~tlX(727)44J-3643 helingerlaw@aol.com The Honorable Mayor Brian Aungst City of Clearwater 112 S. Osceola Avenue Clearwater, Florida 33756 Frank Hibbard, Council Member City of Clearwater 112 S. Osceola Avenue Clearwater, Florida 33756 Hoyt Hamilton, Council Member City of Clearwater 112 S. Osceola Avenue Clearwater, Florida 33756 Carlen Peterson, Council Member City of Clearwater 112 S. Osceola Avenue Clearwater, Florida 33756 Bill Jonson, Council Member City of Clearwater 112 S. Osceola Avenue Clearwater, Florida 33756 Re: South Beach Pavilion Dear Mayor and City Council Members: I have been following the troubling saga of the South Beach Pavilion. The City has apparently now rejected all bids for the lease on this facility and will close the concession when the existing contract with the Hamilton family expires on June 30, 2004. With all due respect, that decision makes everyone a loser. Perhaps the City would not hav~ been in this .situation if it had afforded bidders thirty days to submit their bids, as is the normal process. Certainly, it sounds like Mr. Hamilton has acknowledged making a clerical error in his bid and has readily accepted responsibility for that error in the media. People make mistakes. That's why they put erasers on pencils. At this point, I would like to see my City leaders work to find a positive solution to this problem. Closing a wonderful institution like the South Beach Pavilion, which my family and I have enjoyed for over thirty years, would be a terrible disservice to the public. This business is a true asset to the City of Clearwater and is enjoyed by residents and tourists alike. It also provides substantial income to the City of Clearwater. The Honorable Mayor Brian Aungst Frank Hibbard, Council Member Hoyt Hamilton, Council Member Carlen Peterson, Council Member Bill Jonson, Council Member Page Two June 16. 2004 In light of all of the circumstances, I do believe that the City was prudent in rejecting all of the bids for the lease on this facility. However, if the existing facility is allowed to close, the likelihood is that it will never reopen. Employees would be lost, customer goodwill would be destroyed and there would be significant costs and risks associated with restarting a closed business. Furthermore, the City would lose a significant revenue source and, most importantly, all of the patrons of this facility would be denied the wonderful experience of enjoying a grouper sandwich and watching the sunset. We are talking about a landmark: You were all elected to make positive choices which are in the best interest of the City and its citizens. You still have an opportunity to achieve a positive outcome. Running this concession as a family business for forty years should certainly count for something in this community. Why not allow the Hamilton family to continue to operate the South Beach Pavilion under the same terms as the existing contract until such time as the lease can be readvertised for bids, with an adequate time for the submission of proposals. Doing so would be a win-win situation. The City's asset and its income stream would be preserved. The Hamilton family could continue to operate this business which they have dedicated themselves to for the last forty years. Finally, this wonderful place would continue to be available to my family and all of the other people in this community who want to continue dining there. You have the power and I hope you will take this opportunity to use it wisely. Remember the words of Sir Phi/jp Sidney: "I will find a way, or I will make one." JAHjr:jr I--------- I ~: 14./ NOill ,~*~ The Chandler's proposal is only for the beach rentals and is valid only if they get a commitment through 2012, their current lease. -----Original Message-----From: Morris, William D. Sent: Wednesday, June 16, 20042:16 PM To: Brumback, Garry Cc: Phillips, Sue Subject: FW: Beach Rentals FYI, Still trying to reach Steve, he is on vacation, his staff is trying to track him down. Bill M -----Original Message-----From: Chan99@aol.com [mailto:Chan99@aol.com] Sent: Wednesday, June 09, 2004 11:02 AM To: Morris, William D. Cc: Chan99@aol.com Subject: Beach Rentals Dear Bill, In light of the situation pending with the South Beach Pavilion, I would like to share some additional information for the City to consider. As you know, I did not bid on this project, in part due to the limited time period to research issues related to the building improvements required and for other unrelated matters. However, after seeing the very few proposals that were submitted (compare to the 30 plus that were submitted for what is now Pier 60 Concessions), I was disappointed as a citizen to see how much money the City would be losing on what should be a higher percentage of income on the beach rentals. I have written the City numerous times since our partnership began to let it be known that if and when any future beach rentals were ever made available, I would certainly be interested in providing the same beach rental service I already share with the City at Pier 60 Concessions. As you know, I made the city a virtual partner on the beach rentals, providing 50 percent of the revenues to the City. Our partnership on the beach rentals has been successful for all. Perhaps the proposed length of the South Beach Pavilion lease affected the current bids regarding the beach rental percentages and that is why they were not in line with what I already offer the City. Regardless, with the uncertainty of the existence of any concessions at the South Beach Pavilion due to the Beach Walk plans, maybe the time has come to separate the rights to operate the concessions at that location and the rights to operate the beach rentals. Even if the South Beach Pavilion is eliminated in the Beach Walk plans, the beach and the beach rentals will still exist. I anticipate the umbrellas and cabanas will still line the shore. That being said, it makes sense to separate the uncertain concessions building lease from the certain beach rental business. If the City was interested in creating an addendum to our current licensee agreement, expanding our current beach rentals to include the area formerly handled by South Beach Pavilion, we are in a position to provide these services for the City with much higher revenue under our beach rental 50 percent partnership. I do not know how any of this is affected by the current proposals you are reviewing, but I wanted the city to be aware during whatever is being considered that there is a profitable option as to the beach rentals on south beach that has not yet been discussed. If you have any questions, please do not hesitate to contact me. Sincerely, Steven F. Chandler 727-533-9349 p. 1 June 17.2004 lYe! COPIES TO CITY COUN elL JUN 1 7 2004 CLER PRESS KlAiiORNEY Attention: Mr. Bill Horne City Manager City of Clearwater We are taking this opportunity to inform YOt, of our continued interest in providing services at the South Beach Pavilion. We arl.': prepared to put beach chairs and umbrellas on South Beach July l, 2004 and provide th(: city a base revenue of50%. We would like clarity on the time allotted for the particular aspect of the proposed contract. In addition, we are prepared to operate the concessions with consultation from Mike Preston aka: Frenchy. This request is being submitted after a discussion at 3:20 pm today with yourself and the City Attorneys office regarding this opportunity. Thank you for your consideration. Dan Watcrs Laura Flowers John Hamele Cc: Pam Akin Page 1 of 2 ~. .:If /'1. I Brink, Carolyn To: City Council Cc: Council Mail Subject: FW: Beach Rentals -----Original Message----- From: Brumback, Garry Sent: Wednesday, June 16, 20042:57 PM To: Brink, carolyn Cc: Goudeau, Cyndie; Akin, Pam; Diana, Sue; Horne, William; Stone, Ralph; Morris, William D. Subject: FW: Beach Rentals Carolyn, please get this to the Council for them to include in their Council Meeting books. NOTE*** The Chandler's proposal is only for the beach rentals and is valid only if they get a commitment through 2012, their current lease. Cyndie and Sue, this will be one of the supporting documents for the South Pavilion discussion. Thanks. Garry Brumback Assistant City Manager (727) 562-4053 -----Original Message----- From: Morris, William D. Sent: Wednesday, June 16, 2004 2:16 PM To: Brumback, Garry Cc: Phillips, Sue Subject: FW: Beach Rentals FYI, Still trying to reach Steve, he is on vacation, his staff is trying to track him down. Bill M -----Original Message----- From: Chan99@aol.com [mailto:Chan99@aol.com] Sent: Wednesday, June 09,200411:02 AM To: Morris, William D. Cc: Chan99@aol.com Subject: Beach Rentals Dear Bill, In light of the situation pending with the South Beach Pavilion. I would like to share some additional information for the City to consider. As you know, I did not bid on this project, in part due to the limited time period to research issues related to the building improvements required and for other unrelated matters. However, after seeing the very few proposals that were submitted (compare to the 30 plus that were submitted for what is now Pier 60 Concessions), I was disappointed as a citizen to see how much money the City would be losing 6/16/2004 r Page 2 of2 on what should be a higher percentage of income on the beach rentals. I have written the City numerous times since our partnership began to let it be known that if and when any future beach rentals were ever made available, I would certainly be interested in providing the same beach rental service I already share with the City at Pier 60 Concessions. As you know, I made the city a virtual partner on the beach rentals, providing 50 percent of the revenues to the City. Our partnership on the beach rentals has been successful for all. Perhaps the proposed length of the South Beach Pavilion lease affected the current bids regarding the beach rental percentages and that is why they were not in line with what I already offer the City. Regardless, with the uncertainty of the existence of any concessions at the South Beach Pavilion due to the Beach Walk plans, maybe the time has come to separate the rights to operate the concessions at that location and the rights to operate the beach rentals. Even if the South Beach Pavilion is eliminated in the Beach Walk plans, the beach and the beach rentals will still exist. I anticipate the umbrellas and cabanas will still line the shore. That being said, it makes sense to separate the uncertain concessions building lease from the certain beach rental business. If the City was interested in creating an addendum to our current licensee agreement, expanding our current beach rentals to include the area formerly handled by South Beach Pavilion, we are in a position to provide these services for the City with much higher revenue under our beach rental 50 percent partnership. I do not know how any of this is affected by the current proposals you are reviewing, but I wanted the city to be aware during whatever is being considered that there is a profitable option as to the beach rentals on south beach that has not yet been discussed. If you have any questions, please do not hesitate to contact me. Sincerely, Steven F. Chandler. 6/1612004 Page 1 of 1 -:if/tf. I Brink, Carolyn From: Brink, Carolyn Sent: Thursday, June 17, 2004 11 :57 AM To: City Council Cc: Akin, Pam; Blunt, Betty; Brumback, Garry; Goudeau, Cyndie; Horne, William; Reporter Subject: FW: South beach pavilion -----Original Message----- From: Brink, Carolyn Sent: Thursday, June 17, 2004 11:57 AM To: 'Alan Bomstein' Subject: RE: South beach pavilion Dear Mr. Bomstein: Your e-mail has been received and distributed to the Mayor and City Council -----Original Message----- From: Alan Bomstein [mailto:abomstein@creativecontractors.com] Sent: Thursday, June 17, 2004 11:46 AM To: Aungst, Brian J.; Jonson, William; Hibbard, Frank; Carlen Petersen Subject: South beach pavilion I read the story in this morning's paper about the South Beach Pavilion. It would not serve the citizens and visitors well to close the pavilion during the summer months (or longer). Whatever it takes to keep the facility open needs to be done. If that means contracting with the existing leaseholder for an extra few months until you can work out a long term solution, then so be it. It's no big deal. It certainly would withstand the public scrutiny better than a closure would. And that's my two cents worth. Alan C. Bomstein President ~CAEATIVE .CONTAACTORS INC. Creative Contractors, Inc. 620 Drew St. Clearwater, FL 33755 Phone: (727) 461-5522 Fax: (727) 447-4808 abomstein @creativecontractors.com 6/17/2004 Brink. Carolyn To: Cc: Subject: 11 {if.' City Council Council Mail FW: South Beach Pavilion -----Original Message----- From: Brink, Carolyn Sent: Thursday, June 17, 2004 10:41 AM To: 'pattioz@aol.com' Subject: RE: South Beach Pavilion Dear Ms. Ostrosky: Your e-mail has been received and distributed to the Mayor and City Council. -----Original Message----- From: Internet_Comment_Card [mailto:Internet_Comment_Card] Sent: Thursday, June 17, 2004 11:17 AM To: Brink, Carolyn Subject: South Beach Pavilion Sender's Name; patricia S. Ostrosky - Island Estates Date sent: 6/17/2004 10:16:37 AM Comments: I would like to express my feelings on this subject. Why can't the City of Clearwater extend the lease on the South Beach Pavilion for 60-90 days, until the city can advertise in the newspaper and allow anyone who wants to bid, 30 full days to respond. The 19 days fiasco of the bidding process was out of line. Public bids are routinely allowed at least 30 days. The Hamilton's have run the Pavilion very well. They have investing much time, sweat and money into making the Pavilion a lucrative business both for themselves and for the City of Clearwater. The 30 day window for bids would allow anyone who wants to bid, to make a thorough assessment of the job. As for as the "density pool" - what is good for one is good for all hotel owners. Do remember traffic tie-ups, with no parking in sight. Thank you for allowing me to state my views. Sender Email: pattioz@aol.com Mailing Address: Phone: Brink. Carolyn From: Sent: To: Cc: Subject: JIt.J.l Brink, Carolyn Thursday, June 17,200410:40 AM City Council Akin, Pam; Blunt, Betty; Brumback, Garry; Goudeau, Cyndie; Horne, William; Reporter FW: South Beach Pavilion -----Original Message----- From: Brink, Carolyn Sent: Thursday, June 17, 2004 10:40 AM To: 'kkschooley@aol.com' Subject: RE: South Beach Pavilion Dear Steven and Karen Schooley: Your e-mail has been received and distributed to the Mayor and City Council. -----Original Message----- From: Internet_Comment_Card [mailto:lnternet_Comment_Cardl Sent: Thursday, June 17, 2004 11:12 AM To: Brink, Carolyn Subject: South Beach Pavilion Sender's Name: Steven & Karen Schooley Date sent: 6/17/2004 10:12:06 AM Comments: It is my understanding, from a recent visit to Clearwater Beach, that there is consideration underway to remove the South Beach Pavilion and possibly the parking as well. Our family, as well as many others, visit the same locations on Clearwater Beach several times a year for week long stays. Some of us live here, some come from as far as Oregon....but we always come back to the same place. We stay on Clearwater Beach and we use the South Beach Pavilion for lunches beachside as well as use their chairs and umbrellas. For our family, as well as many many others, this has become a life-long tradition. We would ask that you at least consider keeping the Pavilion up and running until another viable, better option is up and running. During a transition time without the Pavilion, you may lose many longtime visitors. We have come to Clearwater for many generations and we see the same people year after year. Clearwater is special, please don't take away all the tradition. Change can be good, but please consider this issue and renew the South Beach Pavilion lease until something else takes its place... ...or better yet, just leave it. Thank you for your time. The Schooley Family Sender Email: kkschooley@aol.com Mailing Address: Phone: 1 Brink. Carolyn To: Cc: Subject: ~ Iq. I City Council Council Mail FW: Trust is the Issue -----Original Message----- From: Brink, Carolyn Sent: Thursday, June 17, 2004 10:03 AM To: 'pkoenig@knology.net' Subject: RE: Trust is the Issue Dear Mr. Koenig: Your e-mail has been received and distributed to the Mayor and City Council. -----Original Message----- From: Internet_Comment_Card [mailto:Internet_Comment_Card] Sent: Thursday, June 17, 2004 10:46 AM To: Brink, Carolyn Subject: Trust is the Issue Sender's Name: Paul Koenig Date sent: 6/17/2004 9:45:41 AM Comments: Due to continued lackluster performance by city staff you've been handed another difficult situation, the South Beach Concession Flap. TO help restore the trust and credilbility citizens would like from their elected leaders and city staff city council should let the present lease-holders continue the operation for a couple months. At the end of this time the city should operate these concessions in their present or a scaled-back form. How? Simple. Change the duties of the city's concert promotion staff to this task; the profits will be greater and the hassle to citizens much less without the city clogging up Coachman Park and downtown with people and traffic. To lease it to the Hamilton family again would be another nail in the coffin that will further bury the trust and credibility of Clearwater's leaders and city staff. Sender Email: pkoenig@knology.net Mailing Address: Phone: 461-5628 1 k1~ 14.' N01E :~:~~- The Chandler's proposal is only for the beach rentals and is valid only if they get a commitment through 2012, their current lease. -----Original Message-----From: Morris, William D. Sent: Wednesday, June 16, 20042:16 PM To: Brumback, Garry Cc: Phillips, Sue Subject: FW: Beach Rentals FYI, Still trying to reach Steve, he is on vacation, his staff is trying to track him down. Bill M -----Original Message-----From: Chan99@aol.com [mailto:Chan99@aol.com] Sent: Wednesday, June 09, 2004 11:02 AM To: Morris, William D. Cc: Chan99@aol.com Subject: Beach Rentals Dear Bill, In light of the situation pending with the South Beach Pavilion, I would like to share some additional information for the City to consider. As you know, I did not bid on this project, in part due to the limited time period to research issues related to the building improvements required and for other unrelated matters. However, after seeing the very few proposals that were submitted (compare to the 30 plus that were submitted for what is now Pier 60 Concessions), I was disappointed as a citizen to see how much money the City would be losing on what should be a higher percentage of income on the beach rentals. I have written the City numerous times since our partnership began to let it be known that if and when any future beach rentals were ever made available, I would certainly be interested in providing the same beach rental service I already share with the City at Pier 60 Concessions. As you know, I made the city a virtual partner on the beach rentals, providing 50 percent of the revenues to the City. Our partnership on the beach rentals has been successful for all. Perhaps the proposed length of the South Beach Pavilion lease affected the current bids regarding the beach rental percentages and that is why they were not in line with what I already offer the City. Regardless, with the uncertainty of the existence of any concessions at the South Beach Pavilion due to the Beach Walk plans, maybe the time has come to separate the rights to operate the concessions at that location and the rights to operate the beach rentals. Even if the South Beach Pavilion is eliminated in the Beach Walk plans, the beach and the beach rentals will still exist. I anticipate the umbrellas and cabanas will still line the shore. That being said, it makes sense to separate the uncertain concessions building lease from the certain beach rental business. If the City was interested in creating an addendum to our current licensee agreement, expanding our current beach rentals to include the area formerly handled by South Beach Pavilion, we are in a position to provide these services for the City with much higher revenue under our beach rental 50 percent partnership. I do not know how any of this is affected by the current proposals you are reviewing, but I wanted the city to be aware during whatever is being considered that there is a profitable option as to the beach rentals on south beach that has not yet been discussed. If you have any questions, please do not hesitate to contact me. Sincerely, Steven F. Chandler The Honorable Mayor Brian Aungst Frank Hibbard, Council Member Hoyt Hamilton, Council Member Carlen Peterson, Council Member Bill Jonson, Council Member Page Two June 16, 2004 In light of all of the circumstances, I do believe that the City was prudent in rejecting all of the bids for the lease on this facility. However, if the existing facility is allowed to close, the likelihood is that it will never reopen. Employees would be lost, customer goodwill would be destroyed and there would be significant costs and risks associated with restarting a closed business. Furthermore, the City would lose a significant revenue source and, most importantly, all of the patrons of this facility would be denied the wonderful experience of enjoying a grouper sandwich and watching the sunset. We are talking about a landmark: You were all elected to make positive choices which are in the best interest of the City and its citizens. You still have an opportunity to achieve a positive outcome. Running this concession as a family business for forty years should certainly count for something in this community. Why not allow the Hamilton family to continue to operate the South Beach Pavilion under the same terms as the existing contract until such time as the lease can be readvertised for bids, with an adequate time for the submission of proposals. Doing so would be a win-win situation. The City's asset and its income stream would be preserved. The Hamilton family could continue to operate this business which they have dedicated themselves to for the last forty years. Finally, this wonderful place would continue to be available to my family and all of the other people in this community who want to continue dining there. You have the power and I hope you will take this opportunity to use it wisely. Remember the words of Sir Philjp Sidney: "I will find a way, or I will make one." JAHjr:jr 4( f~, /. " \ SIGNED B;., 1184 { 727-533-9349 p. 1 June 1 7, 2004 (C(/f COPIES TO CITY COUN elL JUN 1 7 2004 CLER~RESS 'ATTORNEY Attention: Mr. Bill Home City Manager City of Clearwater We are taking this opportunity to inform YOl; of our continued interest in providing services at the South Beach Pavilion. We arc prepared to put beach chairs and umbrellas on South Beach July l, 2004 and provide th.:.: city a base revenue of 50%. We would like clarity on the time allotted for the particular aspect of the proposed contract. In addition, we are prepared to operate the concessions with consultation from Mike Preston aka: Frenchy. This request is being submitted aft~~r a discussion at 3:20 pm today with yourself and the City Attorneys office regard ing this opportunity. Thank you for your consideration. Dan Watcrs Laura Flowers John Hamele Cc: Pam Akin Page 1 of 1 Brink, Carolyn } Lf. \ From: Brink, Carolyn Sent: Thursday, June 17, 2004 2:59 PM To: City Council Subject: citizen call - Andy Burwell This message came from Andy Burwell - 845 Bay Esplanade - regarding South Beach Pavilion. I took down as well as I could what he had to say - he cannot say how strongly he feels that it is absolutely unforgivable to close the south beach pavilion so close to 4th of July for all the tourists and residents who enjoy it. He understands Harry Cline has prepared a letter regarding a month to month lease and he is strongly in favor of it as who can run this concession as efficiently as it has been run for the past 30+ years, but the current operator. 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Gordon To: kenh @palmpavilion.com; dan @ bidtampabay.com; Iskflowers @cs.com; usjack@hotmail.com; chan99@aol.com; crete1 @aol.com Morris, William 0,; Buysse, Beverly A.; Shoberg, Elliot E. South Beach RFP Questions Cc: Subject: The questions that were asked at the RFP for South Beach Pavilion are answered below. 1.a Will State of Florida Department of Business and Professional Regulation - Hotels and Restaurants issue a license to the new lessee in the as is condition or will modifications be required? Answer: - change of owner without construction does not require any upgrades - change of kitchen layout would also require Hotel-Restaurant DBPR review/approval w~ 1 b. Will building have to be brought up to code for ADA? If so/the cost will be borne by? Answer: ADA items are required as follows: - any new construction item/area must comply 100% - when construction is done in any part of a building an additional 20% dollar amount must be added to another part of the building bringing the existing closer to today's standards than it is now - change of use requires all current codes to be met - change of owner/operator without construction does not require any code upgrades unless construction (permit) work is done - redecorating (paint, floor tiles, carpets, window coverings) does not require code upgrades - new portable equipment does not affect ADA requirements unless that item is specifically covered in the law - example: new range (replacement) would not required handicapped to be addressed All costs associated with code compliance will be at the cost of the lessee. 2. How long after award of the bid is the lessee expected to begin operations? Answer: If modifications are required, a time period commensurate with the scope of work will be developed. 3. Who pays the taxes on the building? Answer: The taxes are paid by the Marine& Aviation Department and then passed to 1 the lessee to be reimbursed (short answer is the lessee pays the taxes,) 4. Will the parking stay the same, as it is know? Answer: The parking arrangements will remain the same as those in affect now. This is not to be misconstrued with paragraph 1.2 of the RFP - that refers to Final Design implications of "Beachwalk" 5. The sales for the lease in the spreadsheet is? Answer: The spreadsheet is attached as an excel spreadsheet South Beach rent.xls 2 ..,..... Morris, William D. From: Sent: To: Cc: Subject: Morris, William D. Monday, May 24, 2004 4:37 PM Shoberg, Elliot E.; Bahnick, Glen Arasteh, Mahshid; Quillen, Michael FW: South Beach RFP questions Just to keep everyone in the loop, Garry has discussed the issue with Pam and in that the original leaseholder is inelig ible to bid all bidders must meet the building code and ADA requirements. -----Original Message----- From: Morris, William D, Sent: Monday, May 24,20044:33 PM To: Brumback, Garry; Stone, Ralph; Akin, Pam; Garriott, Kevin Cc: Phillips, Sue; Wilson, Denise; Harriger, Sandy; Dewitt.. Gina Subject: RE: South Beach RFP questions Understood, we will word the answers accordingly and send this out about 8:30 in the morning. -----Original Message----- From: Brumback, Garry Sent: Monday, May 24,20044:22 PM To: Morris, William D.; Stone, Ralph; Akin, Pam; Garriott, Kevin Cc: Phillips, Sue; Wilson, Denise; Harriger, Sandy; Dewitt, Gina Subject: RE: South Beach RFP questions All, the "current lessee" is not eligible to bid. Therefore each respondent must meet the building code and the ADA requirements regardless of whether or not they purchase the existing equipment from the current lessee and continue to operate it. Garry Brumback Assistant City Manager (727) 562-4053 -----Original Message----- From: Morris, William D. Sent: Monday, May 24, 20044:05 PM To: Brumback, Garry; Stone, Ralph; Akin, Pam Cc: Phillips, Sue; Wilson, Denise; Harriger, Sandy; Dewitt, Gina Subject: FW: South Beach RFP questions Importance: High , have asked the applicable departments to review this one last time before I send out the answers I have provided to Bidders questions as asked below. I am trying to get the answers back to the bidders by 9 am to have less than a 24 hour turnaround. vIr Bill M -----Original Message----- From: Morris, William D. Sent: Monday, May 24,20043:57 PM To: Garriott, Kevin; Cc: ; Wills, Gordon Subject: FW: South Beach RFP questions Importance: High FYI heads up we have received the following questions on the South Beach RFP and I am are requesting a review of the answers (second set of eyes) just to make sure we are not mis-stating anything, I appreciate the support particularly in light of the tight time frame, your staff support has been great, I need to send these out tomorrow morning to each of the 6 bidders, hopefully by 9 am, most of the answers appear straightforward. Thanks, Kevin and Elliot for your help so far, a second identical copy of this will go to city hall (Garry, Ralph, Pam) for their okay 1 to release or modify. Feel free to edit/make suggestions I need to get accurate information into the hands of the . bidders ASAP. Thanks again, Bill M -----Original Message----- From: Wills, Gordon Sent: Monday, May 24, 2004 3:4S PM To: Morris, William D.; Buysse, Beverly A. Subject: South Beach RFP questions Importance: High The questions that were asked at the RFP for South Beach Pavilion are answered below. 1.a Will State of Florida Department of Business and Professional Regulation _ Hotels and Restaurants issue a license to the new lessee in the as is condition or will modifications be required? Answer Current lessee is grand fathered in, Removing existing equipment and replacing with new would require building being brought to current code 1b, Will building have to be brought up to code for ADA? If so the cost will be borne by? Answer: Again if the equipment stays in place the grand fathered clauses remain. If any improvements are required it is at the costs of the lessee The answer to this so far is as follows from Elliot Shoberg (from Kevin Garriott): The leasing of the South Beach Pavilion will fall into one of two categories. All of the existing equipment will remain in place and the facility including bathrooms should be grand fathered and continue to be operable in it's current condition. The other option is all off the existing equipment will be removed and the new equipment will be required to meet code. In addition 20% of the funds spent on remodeling will have to be utilized towards bringing something else possibly the bathrooms and lor remainder of facility into compliance with ADA standards, All new construction work will have to meet all current codes/ordinances, New kitchen I layouts/installations will need to be reviewed and approved by State of Florida Department of Business and Professional Regulation - Hotels and Restaurants, 2. How long after award of the bid is the lessee expected to begin operations? If modifications are required, a time period commensurate with the scope of work will be developed. 3. Who pays the taxes on the building? The taxes are paid by the Marine& Aviation Department and then passed to the lessee to be reimbursed (short answer is the lessee pays the taxes.) 2 4, Will the parking stay the same, as it is know? The parking arrangements will remain the same as those in affect now. This is not to be misconstrued with paragraph 1.2 of the RFP - that refers to Final Design implications of "Beachwalk" 5, The sales for the lease in the spreadsheet is? The spreadsheet is attached as an excel spreadsheet << File: South Beach rent.xls >> 3 Morris, William D. From: Sent: To: Cc: Subject: Morris, William D. Monday, May 24, 2004 7:38 AM Harriger, Sandy Yellin, Catherine RE: South Beach Pavilion Lease 1 June 9 AM?? Sandy looks like all the consensus while I was gone was for 1 June 9am at the Marina Conference room, will probably take a couple of hours, depends on the number of applicants. Thanks, Bill M -----Original Message---n From: Harriger, Sandy Sent: Tuesday, May 18, 2004 8:55 AM To: Morris, William D, Subject: FW: South Beach Pavilion Lease 1 June 9 AM?? Importance: High Please let me know what date and times to block off on Ralph Stone's calendar - right now J am holding June 1 for the evaluation of the rfps but let me know what other dates I need. Thanks! -----Original Message----- From: Stone, Ralph Sent: Monday, May 17,20045:03 PM To: Harriger, Sandy Subject: FW: South Beach Pavilion Lease 1 June 9 AM?? Importance: High please sched. thanks -----Original Message----- From: Morris, William D, Sent: Friday, May 14,200410:35 AM To: Stone, Ralph; Owens, Reginald; Dunbar, Kevin E.; Buysse, Beverly A.; Wills, Gordon; Goudeau, Cyndie Cc: Tarapani, Cyndi; Arasteh, Mahshid; Quillen, Michael; Simmons, Margie; Harriger, Sandy; Phillips, Sue; Yellin, Catherine; Charlton, Marcia; McKibben, George Subject: South Beach Pavilion Lease 1 June 9 AM?? Importance: High All. The RFP is on the street, the S1. Pete times is already calling me about it and the Chandlers have asked for the financial information, We have tight deadlines, the packages come back in on May 28th and the "short list'" has to be announced on 2 June. Monday the 31st is a Holiday which leaves 1 June as the most likely time to evaluate the submitted proposals. We have the criteria sheets established with the weighted percentages, what' need is an evaluation board, I am looking for a minimum of 5 people and my ideal board would be: Ralph Stone Reg Owens Bill Morris Bev Buysse Kevin Dunbar I can make my conference room available have the forms both here and emailed to each evaluator, I need tfo know who can make it, or if Planning and Zoning want to be in the evaluation process and if engineering or finance want to be in the evaluation process. The Time schedule is 10 May - release the RFP 24 May -10 AM (mandatory) Bidders conference Would be good to have an engineer or someone to speak 'to the condition of the building and the cities expectations. 26 May - Last date for clarification of questions 1 28 May - RFP Openings in MSB at 4PM 2 June - Shortlist and notification of applicants for Oral Presentation/Interviews Please note between 28 May 4 PM (start of a busy 3 day weekend) and 2 June We need to do an evaluation of t/)e RFP's to generate the short list and meet the 2 June deadline. Is 1 June at 9 AM acceptable? Or would we prefer to do it immediately following the RFP opening up in MSB, I just need to set a time and date with a very tight time frame and establish who is doing the evaluations. 8 June - Oral Presentation to Selection Committee open to the public 14 June - Recommend Proposal presentation to the City Council 17 June - recommend Lease to the City Council 1 July - Begin Lease. I sincerely appreciate the help of everyone and their staff (and mine) to pull this off on such a tight schedule. Thanks, Bill M 2 1. Will BPR issue a license to the new lessee in the as is condition or will we need to do modifications? Current lessee is grandfathered in. 2. Will building have to be brought up to code for ADA? If so the cost will be borne by? 3. How long aafter award of the bid is the lessee expected to begin operations? 4. Who pays the taxes on the building? 5. Will the parking stay the same as itis know? 6, The sales for the lease in the spreadsheet is? Morris, William D. From: Sent: To: Subject: Morris, William 0, Friday, May 14, 20041:40 PM Simmons, Margie FW: South Beach Pavilion Lease Here is when I tried to get it started and got pushed aside... Cyndie was curious as to why I waited so long so I let her know it was a battle to get anyone to get started, I still have no idea what Parking etc is envisioned which is why we went short term... the last 5 year extension was done to give the beach 5 years to develop... not much has happened. Thanks again for the help and offering up Jay. Bill M -----Original Message----- From: Morris, William D. Sent: Thursday, May 06, 2004 3:20 PM To: Goudeau, Cyndie Subject: FW: South Beach Pavilion Lease Here is when I got tired of waiting for an answer and started pushing it... I honestly did not sit on it. Bill M -----Original Message----- From: Owens, Reginald Sent: Tuesday, January 27, 2004 10:08 AM To: Morris, William Cc: Buysse, Beverly; Yellin, Catherine; Ruff, Bryan; Harriger, Sandy; Campos, Geraldine; PhiHips, Sue Subject: RE: South Beach Pavilion Lease Bill I will address this early next week - I am leaving tomorrow today for a short vacation One important thought - because of the future beach walk project, we should give serious consideration to making any future lessee responsible for substantially upgrading the ambiance of this building Thanks -----Original Message----- From: Morris, William Sent: Monday, January 26,20041:24 PM To: Owens, Reginald Cc: Buysse, Beverly; Yellin, Catherine; Ruff, Bryan Subject: South Beach Pavilion Lease Importance: High Reg; the "Hamilton's" 30 year lease on the South Beach Pavilion property/building (which they originally built) expires and the building reverts to the city on June 30, 2004. The Clerks office is going to want an agenda item on the bid etc. I have no clue what to put together for the site as it is seaward of the coastal construction zone, and I do not know what the cities long term plan is or how it will impact the site, i.e. parking will go away, boardwalk only access, no employee parking or delivery truck access... What do I have to work with I have to put this on the street fairly soon... (mid March) 1. Garry B has stated and I agree, we cannot extend the lease, the 30 maximum is an absolute, to run a business it must be re bid. 2. Chandlers have been interested in running a business out of there, they have the Pier 60 shore side concession now, the city runs the concession on the pier itself. 3. Hamilton's would be interested in bidding but want to know what they are bidding on... and for 1 how long? 4. Garry B told me to talk to you about what our options would be and how to word the bid... parking and public access/vendor access are key issues. As are cities plans or preferred direction of development for future nearby development... the construction of the MacDonald's across the street has hurt the food side of the existing business as one example.., what else is in the works? 5. If nothing else we, the city could rent umbrellas and sell bottled water and ice cream. It would mean adding FTE, creating a business plan etc if we did it as a city business and did not bid it out.... it might help offset some of the cost of the lifeguards if it was done by the city and the dollars went to supplement the lifeguard budget. I need to develop this fairly soon to have a, RFP or bid out NL T Mid March to give bidders a chance to evaluate their options. It will be closely monitored what ever we do. Thanks; Bill M 2 g. Compensation or financial benefits to the City of Clearwater. * Normalized to 5 point scale Bidder A score 4.56 Bidder B score 5 The actual projected dollar figures were computed against historical site sales and in dollar figures were, $130,161.47 (Bidder A) and $142,620,78 (Bidder B). h. Longevity of applicant providing these services. Bidder A score 2.8 Bidder B score 1.4 i. Proven ability to partner with public and private sector. Bidder A score 2.6 Bidder B score 2 j. Proven ability to raise funds to support operational and capitol costs Bidder A score 3.2 Bidder B score 2 k. Fullness and extent of resources available to and used by applicant. Bidder A score 2.8 Bidder B score 2.8 Discussion: In reviewing the proposals each was submitted as a start-up enterprise by local community residents and businesspersons. One Bidder was the consolidation of a team of three individuals, one with experience in food preparation, concession operation, auctioneering and retail, one member with child preschool therapeutic program experience, as well as child education and retail equipment sales and marketing experience, with the third a retired investor with social and medical services experience in addition to some health club, self storage and truck rental experience. Their start up capitol was presented as $150.000 cash at minimum. The other Bidder was represented by a team of two individuals, one with experience in establishing successful private retail operations. The other partner was the rmaneial investor with $140,000 in cash. The other financing was to be home and vehicle equity and largely unrelated to concession sales existing business inventory. The staff analysis of a start up operation if done by the city required a minimum of $140,000 in inventory just to support beach rentals without any kitchen equipment, retail inventory or employee costs. All parties and the city agreed a range of 12 to 14 full time employees was required to properly staff this 7 day a week operation, with additional labor for peak seasons and holidays. It did not appear to be in the best interest of the city to award this contract under these conditions. Morris, William D. From: Sent: To: Cc: Subject: Morris, William D. Monday, May 24, 2004 3:57 PM Garriott, Kevin; Arasteh, Mahshid; Quillen, Michael Shoberg, Elliot E,; Bahnick, Glen; Wills, Gordon FW: South Beach RFP questions Importance: High FYI heads up we have received the following questions on the South Beach RFP and I am are requesting a review of the answers (second set of eyes) just to make sure we are not mis-stating anything, I appreciate the support particularly in light of the tight time frame, your staff support has been great, I need to send these out tomorrow morning to each of the 6 bidders, hopefully by 9 am, most of the answers appear straightforward. Thanks, Kevin and Elliot for your help so far, a second identical copy of this will go to city hall (Garry, Ralph, Pam) for their okay to release or modify, Feel free to edit/make suggestions J need to get accurate information into the hands of the bidders ASAP. Thanks again, Bill M -----Original Message----- From: Wills, Gordon Sent: Monday, May 24, 2004 3:45 PM To: Morris, William D,; Buysse, Beverly A. Subject: South Beach RFP questions Importance: High The questions that were asked at the RFP for South Beach Pavilion are answered below. 1.a Will State of Florida Department of Business and Professional Regulation _ Hotels and Restaurants issue a license to the new lessee in the as is condition or will modifications be required? Answer Current lessee is grand fathered in. Removing existing equipment and replacing with new would require building being brought to current code 1 b, Will building have to be brought up to code for ADA? If so the cost will be borne by? Answer: Again if the equipment stays in place the grand fathered clauses remain. If any improvements are required it is at the costs of the lessee The answer to this so far is as follows from Elliot Shoberg (from Kevin Garriott): The leasing of the South Beach Pavilion will fall into one of two categories. All of the existing equipment will remain in place and the facility including bathrooms should be grand fathered and continue to be operable in it"s current condition. The other option is all off the existing equipment will be removed and the new equipment will be required to meet code, In addition 20% of the funds spent on remodeling will have to be utilized towards bringing something else possibly the bathrooms and lor remainder of facility into compliance with ADA standards. All new construction work will have to meet all current codes/ordinances. New kitchen I layouts/installations will need to be reviewed and approved by State of Florida Department of Business and Professional Regulation - Hotels and Restaurants. 2, How long after award of the bid is the lessee expected to begin operations? 1 If modifications are required, a time period commensurate with the scope of work will bl developed, 3, Who pays the taxes on the building? The taxes are paid by the Marine& Aviation Department and then passed to the lessee to be reimbursed (short answer is the lessee pays the taxes,) 4, Will the parking stay the same, as it is know? The parking arrangements will remain the same as those in affect now. This is not to be misconstrued with paragraph 1.2 of the RFP - that refers to Final Design implications of "Beachwalk" 5. The sales for the lease in the spreadsheet is? The spreadsheet is attached as an excel spreadsheet lID South Beach rent.xls Tracking: Recipient Garriott, Kevin Arasteh, Mahshid Quillen, Michael Shoberg, Elliot E. Bahnick, Glen Wills, Gordon Katsougrakis, Dina Delivery Delivered: 5/24/2004 3:57 PM Delivered: 5/24/2004 3:57 PM Delivered: 5/24/2004 3:57 PM Delivered: 5/24/2004 3:57 PM Delivered: 5/24/2004 3:57 PM Delivered: 5/24/2004 3:57 PM Read Read: 5/24/2004 4:00 PM Read: 5/24/2004 3:59 PM Read: 5/25/2004 7:36 AM 2 Companies/Personnel at the Mandator)' Bidders Conference 24 May 10 AM Company Representative e-mail South Beach Ken Hamilton . kenh~Dalm Davilion.com LLC & Wade Hamilton Dan Waters A Daniel R. Dan~bidtamDabav.com Watters Laura Flowers Laura Flowers lskflowerscmcs.com John Hamele John Hamele us; ackuvhotmail.com City of Bill Morris William.morris~mvclearwater.com Clearwater City of Bev Buysse Beverlv.Buysse@mvcleanvater.com Clearwater City of Gordon Wills Gordon. Wills(Q)mvclearwater.com Clearwater City of Elliot Shoberg Elliot.Sho ben!(Q)mvclearwater.com Clearwater Pier 60 Steve Chandler Chan99cmaol.com Flipperz Beach Mia Cretel ~aol.com Shop Boutzoukas CATH~ E'1'I:t~ID9EJONli.:SqP;A ,.... 325:3,..COMM~RC:t~.1;i . WAY', . SPRINGHlljL~FLORIDA -34.6'06 . 352-683-5500', .' March 31, 20.04 W~:U~iam Horne, . Ci.ty . Ci t.y of ,<;::learw.a:ter.. ,P,'O. B'ox'4748:"; '. :Cle'ar.wa ter ,'P 16.ric;la . '". . . M-~'nager '. 33756 RE:.. ..South j3.each ..CQPces;siQ~ Dear. Mi::HorJ,ie :. Mr'" I<~h1ia.lpilton:I1as ..r~.qu:~s:t.~a' th:a.f~r' ~1rrn'1i?:i:'c)\T:i,de': YOl,lwith . the fc;>llow:rng saTe'S.:rnformC\.t:LO~ ',Cl;Ild c;o:tnp,u.ta,.tJ.G)IlC)f' reIltOl:1.e' . the C:Lty of Cle'arwate:t;for the yea:renq~ed Pecernber. 31,'2003. Tdta,l 'Sal.~s 'Totd:lSales. Totialsa:;Les. . . :!3eaqhwear.' i,$ . 39'7 '3-:Q5. .99 -' Food..' . . ." . ...... 44:2,0.03..-43.-- StlIi~r'i:~s', '... .'. ,'. ....g8.~.,5.5S;a4;., ., '.....; ':,>, ""-".. .-'-.::.- :.,.,..... ~.- - ...... - "":'" ~~ -, -:'" ~-; - ":0- -. , .~::J~~i~L~!~2~2r $ ., ." . . <hOo , 'X. .,: :."J~1: 0, Be'a~h R~rttal~. . '. ". .-' . ';;' -, "-I . , . , . '. , . ~'-.. .,.;.-:..... :~, ':'"':;...-.-~"4:.::;";"'- ~;:""":' -.' '.$' .., . '.. . 0'.0.'0' '.... ;,.... " .J.. '.~xc~ed.l.1fg.'$..s:.6',q ~'6 ,.,00' . . . . '.. ',:'1:~;':~~'5;~ ,:t6,>.- . - '. ":. .. . Balan:ce' 'of Rent 0l.l8 'qlty' .or:Clearwc;rt.er. "','. ?O' ;'4Ea. 5.'9 . . lfyoti.have any questions . ;rega~q:ing the. .abbVe~ .ple~se'dall the office ~ , Sincerely YO:ti:t"$i . . '. . , ' . ~y....c..,,~. . ".~t:"..,. v~. ......7I1A.................. ", ........ ..,~~-~ '. '. . .' '. ..', ';. .', " Cathy. 'E.thriqg'e . Jones. ......' . 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F-< '" /l) ;;; if) ~ o '" ... .:: o:l .:: /l) F-< /l) ~ /l) ....:l SECTION 19: REQUEST FOR PROPOSAL AND REQUEST FOR INFORMATION 1. General The using department, with the assistance of the Purchasing Manager, will prepare a Request for Proposal or a Request for Information when: E. The goods or services are of a fairly technical or specialized nature. F. The end result of the goods or services in known, but the product or method is not known, II. Request for Information: G. In developing the specifications for the Request for Information (RFI), it may be determined that the using department does not have sufficient expertise or a sufficiently specific enough idea of the goods or services sought. In that case, the Purchasing Manager will work with the user department to develop a Request for Information (RFI) before the RFI is developed, H. The RFI is sent to vendors on the Bidder's List, or other responsible prospective suppliers whose names and addresses are obtained from publications, catalogs, and various other sources. The RFI requests information on the specific goods or services sought or the desired results of a project if the specific process has not been determined Minimum qualifications for bidders may be included in the RFI along with a general time line or other pertinent information. Additionally, no pricing elements are to be included in the RFI. 1. The RFI process should only be considered if the following statements are true: i. Time is not an issue (this process usually takes about 2 months longer than the Request for Proposal (RFP) process alone); ii, The overall cost of the project warrants the additional time and expense of the RFI; and iii, The user department does not have sufficient information to develop definite specifications for the RFP. m. Request for Proposal: 58 J. The user department should develop the specifications for the RFP and consider the following:. i. Statement of general purpose and description of the project (goods or services) ii, Introduction (including background information about the City and/or the project) Ill. Calendar of events: a ReI ease date b. Pre-proposal conference date, if required (include time and place) c, Proposal opening (include date, time and place) d. Selection of top candidates e, Vendor demonstrations (if required) f Site visit dates (if required) g. Staff recommendation due (agenda item) h. City Commission action on recommendation (Expected date of award) 1. Contract initiation/project start date (if approved by Commission) j, Project completion IV. Scope of the project: Provide known details of the project v. Vendor qualifications, e,g" years in business, audited financial statement with required net worth (generally, at least as much as the total projected cost of contract); letter of credit with minimum stated amount or credit rating with lowest acceptable rating stated; other elements specific to the contract. History of similar projects completed within a specified time. vi. Information or documents to be submitted requirements; employee resumes for professional services; required forms (which are included in the RFP); manner in which the RFP is to be returned; other elements specific to the contract. vii. Instructions for preparation of the proposal, including: general description technical and financial requirements (specifications); number of copies; and other elements specific to the contract. viii. Where and how to direct inquiries concerning the RFP on technical and/or contractual matters and how those inquiries will be answered. Inquires should be directed in writing to: City of Clearwater, 59 Purchasing Manager, 100 South Myrtle Avenue, Finance Department- 3rd Floor, Clearwater, FL 33756-5520; facsimile - (727) 562-4635; or, e-mail: gmckibbe@clearwater-fl.com. ix. How RFP addenda will be communicated - In writing and via U.S. Mail (Regular or Certified); e- mail; or facsimile. x, General contract terms, if applicable (may include actual contract). xi. Special contract terms, if any. xii. Evaluation criteria - how the proposals will be evaluated (list of criteria and weighting factors), e.g, completeness of competitive proposal; technical and financial evaluations; quality of product; skills and abilities of those providing the services; timeliness; previous performance on contracts; ability to provide future maintenance of product; any other elements specific to the contract ranking process. xiii. Bonding and insurance requirements, xiv. Where and when proposals must be received, Normally, City of Clearwater, Purchasing, 100 South Myrtle Avenue, Finance Department - 3rd Floor, Clearwater, FL 33756-5520, on specified date at 4:00 p,m. xv. Standard conditions: a Appropriation clause: The City, as an entity of government, is subj ect to the appropriation of funds by it's legislative body in the amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this contract for each and every fiscal year following the fiscal year in which this contract shall remain in effect. Upon notice that sufficient funds are not available in the subsequent fiscal years, the City shall therefore be released of all terms and other conditions. b. Protest procedures: Any actual or prospective bidder who is aggrieved in connection with the solicitation or award of a contract may seek resolution of their complaints by contacting the Purchasing Manager, c, No corrections clause: Once a competitive proposal is submitted, the City shall not accept any request by a proposer 60 to correct errors or omissions in any calculations or competitive price submitted, d. Openness of procurement clause: Written competitive proposals, other submissions, correspondence, and all records made thereof, as well as negotiations conducted pursuant to this RFP, shall be handled in compliance with Chapters 119 and 286, Florida Statutes. The City gives no assurance as to the confidentiality of any portion of any proposal submitted. e. No collusion clause: By offering a submission of an RFP, the proposer certifies that they have not divulged to, discussed or compared the competitive proposal with other proposers and have not colluded with any other proposers or party whatsoever, f Informality/rejection clause: The City reserves the right to reject any or all responses and to wave any irregularity, variance 'or informality whether technical or substantial in nature, in keeping with the best interests of the City. g. Professional services included in the Florida Statute 287.055, Consultant Competitive Negotiation Act: Professional services requested in this proposal are within the scope of the practice of architecture, landscape architecture, professional engineering, or registered land surveying, as defined by the laws of the State of Florida Provisions of Florida Statute 287,055 apply, h, Evaluation committee meeting date, time and place notice. The evaluation committee meeting is considered a public meeting under Florida Sunshine Laws. Provide information to the City Clerk a minimum of seven (7) calendar days prior to the meeting. This information will be posted in a public place by the City Clerk. 1. Attachments: Provide any attachments or location where additional information will be made available, K. Use of Checklist Not all of the items included in the checklist above will be included in every RFP because of the specifics involved in the particular goods or services 61 sought. However, before omitting any section, the user department should consult the Purchasing Manager. Completed checklists must be signed by the appropriate department administrator or director, Purchasing Manager, Risk Manager and the City Manager's Office. L. Bidders List The Purchasing Manager solicits sealed proposals via the RFP from vendors on the Bidder's List, and responsible prospective suppliers whose names and addresses are obtained from publications, catalogs, and various other sources. The RFP must be sent to at least three vendors believed to handle the products/services desired at least (amount of time depends upon depth of project and advertising exposure desired, usually minimum of one month) three weeks prior to the proposal opening date. M. Advertising The RFP must also be advertised in at least one publication that has general distribution within the City. This publication must be a minimum often days prior to the proposal opening. N. Disposition of Proposals i. Proposals shall be opened in a public location at the time and place stated in the public notice, ii. Public Availability. A list of all proposals received shall be prepared and made available for public inspection, iii, In the event that none of the proposals are accepted, no recommendations will be made concerning the award of the contract. However, if an acceptable proposal is received, the user department along with the Purchasing Manager shall submit a recommendation concerning the award of the contract to the appropriate approval authority, iv. When City Commission approval is required, the Commission will consider the recommendation at one of its normal meetings and may approve or reject the recommendation. After approval by the City Commission, the contract can be executed. o. Vendor Protest If a vendor wishes to protest the award of the bid, they may follow the procedure as outlined in Section 18. 62 P. Disqualification of Proposers The Purchasing Manager may declare vendors who default on their proposed action or product availability to be irresponsible and disqualify them from receiving any business from the City for a stated period oftirne. 63 ..: CI) :: lD '> lD 0:: .... o CI) E to Z II) e o :+:; l'C e ro 1= >< w -- II) Q) o z lD ..... o () (f) lD ..... o () (f) E ::J E X CO 2 ..: CI) II) o C- o L- a. .2:- e U) ::J Q) o 0 () '~ en Q) ro U) Q) c: c: ,Q a::~ .S ~ Q) c: () 0 e 0 Q) L.. 'ffi .~ ~.s Q) U) .ag' ~:-g Q) > () 0 go. (f) ro 'C Q) ...... .C () e o :+:; () Q) Q) (f) lO >'0> -c: e ._ ::J"'C 0= ()::J .a en 0 ro ,_ =:0 ~ ::J '- a. a.. eo ,S 0> Q) .!; () ..... c ~ Q) (J) .C a. Q) 0 0.-0 >< C ~co .20> II) C II) .- Q)O> o co () C ::J co (f)E f/ Il) ..... 0 ,E- .2:-ffi 'E a. ::J ::J E 0 E >, o 3: o 0 Q)..r::. -c-o-o - e Q) ,S ro Q) ~uf-= ;> Q) Q) -ogQ) Q) 2: E Q) Q) e II) -0-0 Q) e E ro Q) E E ro ::J ..... () OJ o e 00. 1.0 Q) :; o - t> ro a. 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II) II) Q) e ::J l..L ~ C'l "i' r-l r-l "i' o o C'l -- co C'l -- lr.l ..... .... o ..... ell bD cd j:l., ~ o () en C; ...... o J- 00 <il 00 o p.. o '" j:l., .... o ~ ell ..... > ell ~ .... cd ..... ... ..... J:: ...... "i' o 6 C'l j:l., ~ ~ ... ell ell ...l:I CI) ell '" o t.l CJ) ell .... p.. S cd CJ) 0 0 0 0 0 0 0 0 . 0 0 0 0 0 0 - 0 0 0 . 0 m 0 0 0 0 0 0 0 ..... 0 0 0 0 1t) 0 0 0 0 0 0 0 0 ... 0 L!) 0 0 l- f'... -.;::t f'... T"'" 0) C\J 0 ~ T"'" y:; fR- fR- C\J L!) (Y) y:; fR- fR- fR- ,.... - W- etS ..... t: cv a: Cl) 0 (,) 0 0 0 0 0 0 0 .... .- 0 0 - C J... 0 . 0 0 0 0 etS cv C- O 0 0 . .- 0 0 0 0 LO 0 0 ..... E ..... 0 LO 0 -.;::t (Y) 0 .- L!) (Y) c: .- I"- C\J f'... T"'" T"'" c.. c: T"'" fR- y:; fR- fR- - y:; fR- -- :J f:F.)- c: .~ 0 C"' .- W ..... m ..c: >. 0 0 0 .- ..... T- > (J C\J T"'- C\J 0 0 0 <( CO " C\J -.;::t T"'- ~ CD m Cl) ~ t: 0 .-. .- -.- a> J... > m (JJ "- 'C :E .... >. 0 "0 (JJ ....... en - 0 a> -co 0 t: E CO J... "- a> c cv C,) 0 Cl) f- ..c co ..... a> S .0 m c. - ..... - "- "- CO l0- a> en ~ etS (]) :J () :::J ._ (]) 0 0) CO J... . J... 0 en :J .... cv - a> - m lo- -- <( en ~ a> L.... lo... C'O Cl) CO ..... c a> .0 ..... etS C/) CO - ...... ..c CO :J CO E ..c 0 () en ~ 0 lo- J I- ~ (.9 :J () I- Agenda Item: South Beach Pavilion RFP # 20-04 Subject/Recommendation: The long term Lease with Howard Q, Hamilton for the food concession and restroom complex known as the South Beach Pavilion Complex is to terminate on June 30, 2004. After a rev\ew of the both the written and oral presentations of the three submitted proposal7 The staff recommends that none of the proposals be accepted. Summary: An RFP solicitation was released on May 10, 2004 to evaluate the potential for a short term lease of 3 years with 24 month by month options. The short term lease was necessitated by the pending development of Beach Walk, a City of Clearwater Development Initiative which has significant impacts on site accessibility, parking and desired design features yet to be defined. The selection criteria were published as part ofRFP# 20-04 and the proposals were evaluated against those criteria. No amended proposals were allowed after the bid opening. There is documentation on file of legal discussion that one bidder elected to "not pursue the proposal initially submitted" which eliminated consideration of one of the three proposals. The remaining two proposals were evaluated as presented below. Selection Criteria and average score of the 5 member board summarized in each area. a. Successful Experience in Pinellas County providing similar concession services. Bidder A score 3 Bidder B score 1 b. Successful experience in Pinellas County Managing and operating a public building, Bidder A score 1.2 Bidder B score 1 c. Documented need within the community for program and services, and how you plan to meet need. Bidder A score 2.4 Bidder B score 3.2 d. Clearly defined measurable impact to the community. Bidder A score 2.4 Bidder B score 3,6 e. Responsiveness and completeness of written response to these instructions with regard to the scope of the proj ect Bidder A score 3.6 Bidder B score 3.8 f. Reports from references Bidder A score 3.8 Bidder B score 2.8 g. Compensation or financial benefits to the City of Clearwater, p- I h. Longevity of applicant providing these services. Bidder A score 2.8 Bidder B score 1.4 i. Proven ability to partner with public and private sector. Bidder A score 2.6 Bidder B score 2 c j. Proven ability to raise funds to support operational and capitol costs Bidder A score 3.2 Bidder B score 2 k. Fullness and extent of resources available to and used by applicant. 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Q) Q) ..!:/ U) <J) l-< o C) U) Q) ..... 0- S t1S U) 12/31/03 ACTUAL SALES TOTAL FOOD/RETAIL 579,489.00 BEACH 290,616.00 GRAND TOTAL 870,105,00 HAMIL TON HAMIL TON WATERS FRANGEDIS PER BID CORRECTED BASE FOOD / RETAIL 90,000.00 90,000.00 84,996.00 96,996.00 BEACH 12,000.00 12,000.00 8,604,00 8,604.00 TOTAL BASE 102,000,00 102,000,00 93,600,00 105,600.00 15%-SALES 75K - 150K 11,250,00 30%-SALES OVER 150K 216,031,50 15%-BEACH 75K-150K 11,250.00 30%-BEACH OVER 150K 42,184.80 10%-SLS SO OK - 750K 25,000.00 20%-SLS 750K-1MIL 24,021.00 10%-BEACH OVER 45K 24,561,60 TOTAL RENT 329,281,50 155,434.80 142,621,00 130,161,60 . IV1 t) 12.f-1 S Oral Presentation Questions for South Beach Pavilion %o<i{~ ID(~ 2. With regard to Beach Rentals please address the following: What will be you maximum number of chairs? ~1t) r; ~ What will be you maximum number of umbrellas? ~;W\e- i/~ If What will be you ~a~imum number of cabanas? '\;5- ~ere will y~u s . re this equipment? .- - A. 1.1'>._ - I~ v"'c:-v- \D~~vt - -fpur- 4' ...o~- - SVS~~ How will you transport this equipment daily? c: It)p~ -- kiter- 4 a>t::.AY{:;!:e- _~.~ 1$ .> b-j ur~ ta..i f \ ~s jVl~U/,~ ' 4. Please describe your plan of action in order to be operational, both concessions and beach rentals, in as short a timeframe as possible. ~I,. .' "! ~e k ~ ~ \/.-E'e'\ ~~f"-<<<- :;z.. >tv""' ?f?v~ ' (JUJ).YLJ~// (J00~ ~{ Pr. +~ lY- ~k ~(?nv'- :Jnf~ ({'P~"-+i~5 ~t'Sf 90r bw\~-~ " ./ . ~~~y other quest1.ons that you may wish to ask. (please write question and answyr here; " / _ " Av~ ,'t.) \- [ -- <,: ~e'--'r(:J~ ."1-\.\0 c;;.eti Se-<-- ~ ~l~Q e'r'lY y: ,,,,-(, ~ f) XI' ('tY1A G'. ph -I/- - -.. .... . ... ~ffu\1/ q h6~. e i0-q., o( _ . ::.s~~a\t..~~\~~l.. . C.l>' . f:2Yz.e:A l@spk(ilfS"~(Pr;. ... ... .(~'!\?'::"~7IL~ ..C:u=, G /vd (~)~)1t t{'U:I.: (() tv\' . . . Sv f.,o( l!:>G~ n'" .. ........z; 7, (jute t-, kel1h!iJ-flthifl"-ilFk/J. 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With regard to Beach Rentals please address the following: What will be you maximum number of chairs? 2p,O ,0/<0 ? * What will be you maximum number of umbrellas? teP~ What will be you maximum number of cabanas? / ?s=-/~ , Where will you store this equipment? -~,~ t tr/-c:.... ~\k '\r:OVIT will you transport this equipment daily? .- ~(..jv-r- -*M~ '- change/enhance the current operation? - 4. Please describe your plan of action in order to be operational, both concessions and beach rentals, in as short a timeframe as possible. <f>"'f>_ .- r""'''' - 5,Any other questions that you may wish to ask. and answer here; (please write question ... Oral Presentation Questions for South Beach Pavilion 1. Identify the financial return to the city using your anticipated yearly gross figures as proposed in your May 28,2004 RFP. 2, With regard to Beach Rentals please address the following: What will be you maximum number of chairs? What will be you maximum number of umbrellas? 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Co ~ ~ ~ c: c: C <( U U .~ CO CO ro Z Z Z Q Q 0 CU <5 B Q) - 0 Q) - .s::: E ~ u CO (I) Ul ro e C cu E 0 a. :+:J Ul '+- :t:: Q) () C 0 W :J ,Q >. - I- <( ..... ;: a> (l) Ul U (3 ~ c ~ Q) :J l- e Q) co co 1 <( Q) co () ...J I c: 'u >. Co ~ >. 0 c: 0 ::J t:: '0 Ul ro 'in E I :J .3 C Ul 0.. I en I I I 0 I.: <( E 'E 0 () '3 I 0 () ~ 0 I E U (l) I I l- I () 0 'c c: a> I L- I () I co Q) I U.) a> I ..... 1& I~ I .s::: >. > ~ I Ul I :J () u: 0/ .. I I 1.21 I I I I I I I I I I I I I I I I I I i~1 I Q) :J I ! 0 0 I I e Q) 0.. Ul '(i) I l- I 0 a> Q) E (5 :S2 a:: c: L- Ul a... co L- a> E co ~ .tl d co ..c ,~ ~ z <.9 Ul Z a> u:: ..... >. ~ Q) co CD C "'Q) L- a::: 'c 0 co co c: '6> c: I~I ;/ E I .s::: co I L- 0 co 'c :> "J ...J co AJr5~-S Oral Presentation Questions for South Beach Pavilion 1, Identify the financial return to the year.~ gross figures ~t~rOposed in your c...I'M ' 4e.y-t\9--~t: .~~.... ~-'-7...b'" ) \ ~~ ~~) ~ ~. city using your anticipated May 28,2004 RFP. 2. With regard to Beach Rentals please address the following: Wha t wi 11 be you maxim~ n~ef of chairs? .- "I'd ill. ( 2 (l.c.,., ts. I ""1 ~ \ . . tto--SD -- I c:..r., .... i4l, it'S -= 'ZL""t.L..Q/jr-':;' c.c;:;lna..-a..-<:/~-" /- ~~<j CaD~U~- ~ ~ . w What will be you maximum number of umbrellas? -t rv - What will be you maximum number of cabanas? \;Wher.e wiJ.~ you store this equipment? $n...Jf2 be~c\"- .,2.- ....~s.k V :1 .. ,..... f- 9 t>v be.. 10 ,e","'"t k- ,..- _ this equipment daily? ~r_ '^- ) +r4,~ !e-r- - . 3. How would you ).. t;, ~Ci,0- I P-~/'?- change/enhance the current operation? '" -l5l2e-tl ~'1 ).eb:)~- ,.., ~ eN- '1e~r Cull ~ )D-J?.. - 10 .'" Ut 0...........-- 4, Please describe your plan of action in order to be operational, both concessions and beach rentals, in as short a timeframe as poss.ible. I '\ If)~. . al~..tl~l-) ~ ,\-~elr- \ 5.Any other questions that you may wish to ask, (please write question and answer here; i1A-~l~ e- v- 4-~ e..tJ 111~~5 IU~ ~ YSuJ( Oral Presentation Questions for South Beach Pavilion 1, Identify the financial return to the yearl.y gross f~gu~es as proposed in your tt. '3 a'1p.~ eel - . - ~ ('>,;( 17 +z. hi!'6-c.h r~k-J..c- city using your anticipated May 28,2004 RFP, 2. With regard to Beach Rentals please address the following: What will be you maximum number of chairs? What will be you maximum number of umbrellas? What will be you maximum number of cabanas? Where will you store this equipment? How will you transport this equipment daily? 3, How would you change/enhance the current operation? 4. Please describe your plan of action in order to be operational, both concessions and beach rentals, in as short a timeframe as possible. 5.Any other questions that you may wish to ask. and answer here; (please write question CITY OF CLEARWATER CLEARWATER MUNICIPAL MARINA, 25 CAUSEWAY BOULEVARD, CLEARWATER, FLORIDA 33767 TELEPHONE (727) 462-6954 FAX (727) 462-6957 MARINE & AVIATION DEPARTMENT June 1, 2004 Mr. Michael Frangedis & Mr, Nick V otzakis 2140 Beecher Road Clearwater, FL 33763 Dear Messrs. Michael Frangedis and Nick V otzakis: You are invited to make an oral presentation of your proposal to the RFP review panel on Monday 7 June at 8:45 am in the Clearwater Municipal Marina Conference room on the Second Floor of the Marina Building located at 25 Causeway Blvd. Clearwater. Florida. I ask that you provide no more than a 15-minute presentation followed by a 15-minute question and answer period with the review board. The review board will make its final recommendation to the City Council on 14 June at the City Council regularly scheduled work session. If the recommendation of the RFP review board is accepted by the City Commission on 14 June, a contract agreement will be finalized on 15 June, Sincerely. William D. Morris Member, South Beach Pavilion RFP review panel Cc: Ms, Pam Akin, City Attorney Mr. Garry Brumback, Assistant City Manager Mr. George McKibben, Purchasing Manager BRIAN]. AUNGST, MAYOR HoY[ HA.'1ILTON, COUNCILMEMBER BILL]ONSON, COUNCILMEMBER * FRANK HIBBARD, COUNCIL\1EMBER CARlEN PETERSEN, COUNCIL'IEMBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" ~UUUl DC(;t~ll ~ r ~t:::lt:::l.,;l1Ull L-UllllIllllt:::t::: .rage Ii OJ j f)~ ~ ~ ~f) /itj X 4- W ? , . j '219~:J From: Ruff, Bryan Akin, Pam Ruff, Bryan To: Cc: Subject: South Beach RFP Selection Committee Sent: 6/6/20048:13 PM Importance: Normal Pam, I'm prepared to attend and participate in the South Beach RFP oral presentations to the Selection Committee held Monday June 7, 2004 beginning at 8am in the Marina conference room. After an exhaustive search, I can confirm the following(brief overview of vast subject rnatter)and can expound upon as needed: -As previously pointed out by George McKibben, RFP 2.7b is the applicable section of the RFP doc. This section specifically addresses the issue at hand and provides direction on what the city shall do in this case. 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From: Sent: To: Wills, Gordon Friday, May 28, 2004 2:06 PM 'kenh@palmpavilion,com'; 'dan@bidtampabay.com'; 'Iskflowers@cs.com'; 'usjack@hotmail.com'; 'chan99@aol.com'; 'crete 1 @aol.com' Morris, William D.; Buysse, Beverly A.; McKibben, George; Lipowski, Laura RFP information Cc: Subject: Importance: High Gentlemen: Since the RFP is due by 4:00 today, as per Pam - there must be an update issued to inform the proper parties that we have an exclusive agreement with Coke that requires us to use our best efforts to ensure that the successful respondent sell and make available Coke products, which are defined in the agreement as: "all carbonated and non- carbonated, non-alcoholic soft-drinks, juices, juice drinks, teas, isotonic, water, frozen beverages, iced coffees and new products introduced. Frozen beverages shall not include ice cream and frozen yogurts. Beverages do not include hot teas, hot coffee products or fresh squeezed lemonade." thanks 1 Morris, William D. From: Sent: To: Cc: Wills, Gordon Friday, June 04, 2004 11 :36 AM Ravins, Jay Dunbar, Kevin E.; Stone, Ralph; Morris, William D.; Owens, Reginald; Tarapani, Cyndi; Akin, Pam RE: Questions for Proposers Subject: Good Question Jay, thanks I will add that GW -----Original Message----- From: Ravins, Jay Sent: Friday, June 04, 2004 10:50 AM To: Wills, Gordon Cc: Dunbar, Kevin E.; Stone, Ralph; Morris, William D,; Owens, Reginald; Tarapani, Cyndi; Akin, Pam Subject: RE: Questions for Proposers Gordie, any need to ask them when they anticipate they will be up and running with the concession operations versus the beach rentals? I would like to hear what type of a plan they have in place in order to be operational in as short a timeframe as possible, Needing to purchase inventory (including umbrellas/cabanas/chairs, kitchen equipment, etc) would logically require some lead-time, Possibly a question such as "Please describe your plan of action in order to be operational, both concessions and beach rentals, in as short a timeframe as possible." Thanks. -----Original Message----- From: Wills, Gordon Sent: Wednesday, June 02, 2004 7:28 AM To: Dunbar, Kevin E.; Stone, Ralph; Morris, William D.; Owens, Reginald; Ravins, Jay; Tarapani, Cyndi; Akin, Pam Subject: RE: Questions for Proposers Will do - thanks GW -----Original Message----- From: Dunbar, Kevin E, Sent: Tuesday, June 01, 2004 7:00 PM To: Wills, Gordon; Stone, Ralph; Morris, William D.; Owens, Reginald; Ravins, Jay; Tarapani, Cyndi; Akin, Pam Subject: RE: Questions for Proposers Gordie.. ,I will maybe consider, tweching the first question to say: Identify the financial return to the city using your anticipated yearly gross figures as proposed in your May 28,2004 RFP. -----Original Message----- From: Wills, Gordon To: Stone, Ralph; Morris, William D.; Dunbar, Kevin E.; Owens, Reginald; Ravins, Jay; Tarapani, Cyndi; Akin, Pam Sent: 6/1/2004 11:49 AM Subject: Questions for Proposers 1 Importance: High Here is a list of common questions that should probably be asked of all proposers: 1, Explain your financial return to the city using your anticipated yearly gross figures. 2. With regard to Beach Rentals please address the following: What will be you maximum number of chairs? What will be you maximum number of umbrellas? What will be you maximum number of cabanas? Where will you store this equipment? How will you transport this equipment daily? 3. How would you change/enhance the current operation? If anyone has other question they would like added please forward them so I can incorporate them into a document to be distributed. 2 ; >- rwater >- o Interoffice Correspondence Sheet To: p~ Akin, City Attorn"}'; Garry Brumba~k, ASSis~ William D. Morns, Manne & AVlatIon DttectorL-u F rOlli: Date: June 3, 2004 RE: Attorney Harry S. Cline's letter to amend Hamilton South Beach Pavilion proposal Attached is a letter from Attorney Harry Cline, representing the Hamilton's desire to correct a "misstatement" of their bid proposal for the South Beach Pavilion, The Hamilton's plan on giving their presentation Monday, June 7th and wish to have us acknowledge their desire to correct the mistake. Please advise, JUN703-2004 14:03 MACFARLANE FERGUSON 727 442 8470 P.01 MACFARLANE FERGUSON & McMULLEN AT't'Oil.,,"l'l!:YS " cQUNSEL.OR9 AT LAW J:nt4llrY&9t: tla1l.k Du;!.l.ding 625 Co~t Street:, Su1t:e 200 Pov~ O~~i~e SOX .6G9 [33757} cl~arwaha~, ~~ ~3737 ('727) 0141-(1966 FAX TRANSMITTAL FORM DArn:: June 3, 2004 NUMBER OF PAGES: (Including cover pager ~ .ATTENTION: WILLIAM MORRIS, Director of Marine & Aviation FIRM NAME; CITY OF CLEARWATER FAX NO. : 462-6957 TELli:PHON:E NO. : 462 - 6954. FROM: HARRY S. CLINB FAX NO. : (727) 442-8470 ADD!TIONAL COMMENTS: IF YOU EXPERIENCE PROBLEMS IN RECEIVING, PLEASE CALL OUR OFFICE AT (727) 441-8966 THE INFOaW-TION CONT,A.~NED IN THJ:S FACSIMILB MI!lSSAGE 16 J\'rTORNEY-Cl.XmIIT PRIVILEGED A:ND CONFIDENTIAL INFORMPir:l:on Il'lTElmE:D ONLY PO~ T!!!: USE OJ;' THE ADDRESSEE. IF 'l'HR: ~~ER OF 'nUS MBSS)l$l?J IS NOT rID;! INTElIIDM) RECIP:tDl'.l'. COMMUllIJCATION OF raIS MATERIAL IS STRICTL'l PROHIB1'l"'..J:l, :IF )'OU RAVE REe~IVBD THIS COMMONJ:C~TION IN ~ROR. PLEASE IMMEDIATELY NOTIFY US ~Y TELEPHONE! (COLLECT U' NECESSARY) AND RE'l'UR7'1 '1'lIS ORIO~)1Ar. MESsAO~ TO OS AT TllE: ABOVE AIlO~ESS VIA Tln~ U. S. POST1\l.o SERVICE. THANK YOU, JUN-03-2004 14:03 MACFARLANE FERGUSON 727 442 8470 P.02 MACFARLANE FERGUSON & McMULLEN AT1'ORNEY$ AND COLlNSELORS AT LAW .:S01 SOVT'"' "LORIO^",VI:,,",UE: W'K!;LANO, FLO~IPA ~~e03 (663) "''"0.''909 F...1< Il!e~1 683'26"'''' "'00 NORTH TAMP'" ST",e:E:T. SUITE; .."CO P.O. BOX ';l~. (ZIP 33GcIl T^MPA. FLORIO..... 4=:1I!lOl! CSI,3, <:7"'....l!00 F'I'X C".:>) 2'73-"'39<:1 626 .;:c;>uo<rr ST<;E:E:T P. O. 9<;>" leea (ZIP :;1=:175':>, Cl.e;,o,RWATE:R. FLQil!o.OA 33"75G (727) _'.S966 FAX (727) .......2-0...70 www.mfmlaga/.cOI1\ CMA,,-,lnloCm'n'Ilegal.com IN ",t:PLY RE:F!;R TO, Clearwater June 3. 2004 Mr, George McKibben Purchasing Director City of Clearwater Post Office Box 4748 Clearwater, FL 33758~4748 VIA FAX # 562-4635 Re: South Beach Pavilion / request for proposal Our clients: Kenneth G. Hamilton and Wade B, Hamilton Dear Mr, McKibben: We have been asked to represent the Hamiltons incident to their proposal submitted to the City of Cleanvater relative to the South Beach Pavilion. Please have your files reflect that the bid proposal submitted by the Hami1tons contained a typographical error, which was results in a misstatement of the proposal. Specificially the proposals involving 15% of gross sales from $75,000 to $150.000, and 30% of gross sales above $150,000 [subparagraphs 4 and 5 of' H (Financial Return to the City)] were intended to be percentage payments to the City for beach rentals only. The proposal involving financial returns to the City should have been, and we are hereby amending it to read, as follows: "H) Financial retum to the City of Clearwater 1. 1 st rent payment will be made on July 1, 2004. There will be no lapse of revenue for the City. 2, $7500 per month monthly rent for the food and retail operation 3, $1000 per month monthly rent for the beach rentals, plus (a) 15% of gross sales additional rent from $75,000 to $15 O~ 000 for beach rentals and (b) 30% of gross sales additional rent above $150)000 for beach rentals 4. Willing to accept a month to month after year two if Beach by Design is imminent. t) JUN-03-2004 14: 03 MRCFRRLRNE FERGUSON 727 442 8470 P.03 June 3, 2004 Page 2 We acknowledge that our clients made a mistake in the proposal to the City and they are correcting that mistake by this letter. We ask that this revision be accepted under 1 3.2 of the reserved rights of the City, which includes the Cityss right to "waive any irregularity. variance, or informality whether technical or substantial in nature, in keeping with the best interest of the City. " It is our position that the Hamiltons' bid, as corrected, is superior in all respects, and we will attend the Monday morning review session and present their proposal, and their credentials, consistent with the revisions set forth herein, and we hope that the City will accept, and review, the proposal consistent herewith, under the reserved rights within the RFP solicitation. Thank you for your assistance and we will look forward to meeting with you Monday. HSC:koh cc: Mr. Kenneth G. Hamilton Mt, Wade B, Hamilton Mr, William Morris, Harbor Master c:\wil1dows\tcmporar)' intemct files\olkb024\rnckibben.603.doc TOTRL P.03 MESSAGE CONFIRMATION NAME/NUMBER PAGE START TIME ELAPSED TIME MODE RESULTS JUN-03-200411:38AM THU FAX NUMBER: 7274626957 NAME 94454119 003 JUN-03-2004 11: 37 AM THU 00'46" G3 STD ECM [ O,K J CITY OF CLEARWA-fER MARINE & AVTA1'ION DEPARTMENT FACSIMILE TRANSMITTAL SHEET ro, 9-, ~~ f' .At)KiMTlnn: Iflf ~ - Lf /19 COMPANY: fROM, ]..9f 1o/c ' . Cfl./l ~ u....& /V~ 'I TOTAL ,.,~ OP PAGES tNCt.IJDINH L"OVIi.K: -"3 1'.tiONE Nl.IMnnR: :mNnna's ItH"Ii.R.~NCE NUMDP"R: RE< VOUR Jlti.J'1::':~NCa. NUMl\ER: o URGENT 0 FOR REVIEW 0 PLEASE CQMMEN1" 0 PLEASE REPLY o I'I.Il'\SF. _ECYCU3 NOTT:"S/CC>MMBNT.'i: THIS FACSIMILE MESSAGE, TOGETHER WITH ANY ATTACHMENTS, IS CONFIDENTIAJ.. IF YOU ARE NOT THE INTENDED RECIPIENT, PLEASE NOTJFY TI'IE AUTHOR IMMEDIATELY AND VEST.ROY THIS MESSAG.E, ALSO. REFRAIN FROM CO.PYING, DISCLOSING OR USING THE CONTENTS IN ANY WAY. "A RINK " AVIATrON DEPARTMENT 25 CAU,>';Jo;WAV Rnl..ll.RVAll1> . C.I.RAlIW,""Hrt, Jll. 11167 VIICJNI{: (727) 462~^':l,'54 . l',AX: (727) 41\2.6957 . ',- . . CATHXE'I'1t~IP~E .~0l115S'c;PiA ,,'325'3,~O~R.CI~.~WAY . SPRINGHIti'L;,FliQRIDA -3'4;6'06 ..' . 352.-683;-,550'0' . ,March:31, 20.04 Wi:Ll~iam Hornel CityM~na,ger Ci tyof. ple'arw,ater . . . P.'O.- B'oX 47 48.~;' .; . . . '. Cle'Clrwa'ter, "Ploriqa 33756. .;. RE:. Dear. Mr Horne:. .Mr~ ' Kehj{c\mi.ltoIll1asrewe's:t~:e'aJtll'at tny,f-i:rm: pr'ov':LCie'youw:Lth '. ....: the f6ilowg:ilg sa.l:es:, fn,forrfia,tion;C1ind: - '~bmP:u:t~.ti6n'G)f':rent"~9ue' :. .the' Cityo~ Clearw~te:r-:for the;yea:t;.elid:~d iJecetnber, 31, .'.2'003'". '-,,, ...... Tdta,l'Qa:L,~s '.''l'otal Sales- 'Tobal . saite:s :!3'e?ChWear' ,.$ . '. . 36.j:a05.99 ~ti~,g;te'~,'..' . .. ;~g;~:g~,r::~: " ;$:':(,:;~;&t~.~;.~;[ ~&r' "";'" 0-_,-- _.-;. -;-';;';';':_";';-:_'~"';;""..;.,O, '""," ,_: .' '", " ", , ... , . , . . .' . ....:....Excee,df~g ';'$' 85-0;0'0-0: '..00' .' $ ,",;.-"-: x',", ;~:'g g :,$," o .(10 . ::-: ~._,....'!-_....:;...',-.;.'4 ~.:~.,-'-',-:~'-":- : 'J?6.:tcH Bs'a'.cn .......... $::7~'~..:,.~'5j5.:.~'5) ::'.:' . -- ,', ,~,',". : '. .' : ..- . . .$~~-.~~;D:~i~:il .- '. .'.' . ... " . ---,..,.---'--',- - ~ -- ~'- -'-.- ~Q',46,1:. 5'9 '. , '. Balance of :Rent I)\le: c'ity: of. ,':Cl:~a-rW.Ft.e:r If you. have any questions :xegar,<aing the . above, ...ple91:se'. ca.1.1 the 'ofti: ce ' . ,. . Bince,rely YO,Ur$'i. , ,- . . . . . . ~.>..... ':., ~.. , 'y... .: '. . .". ..', '. ". . '.' '.. ,...'.,....., ..S~-,. c....... <,..'Vl7....~'............. .- _ '. - ,- -', ,I ';., " _ '.. ': . ,'.' ,_' ," - -,' ".' . ':.' . " ., -. .', ' '..: - '. , . . .--,' . '.' , '. ." . . - .' . Cathy 'E:thriqg'e . Jones '.' .Certified Public Account~nt Vcc: . Bill Morris., Harbormaster :.. OS/27/2004 18:23 FAX 3526835506 I I I I , I , RLWILSONCPA @Ol MAY 271 2004 TO; CATHERINE, YELLIN CITY OF CLEARWATER MARINE DEPT FAX NUMBE~ 727-462-6957 FROM. CATHY ETHRIDGE JONES CPA FAX NUMBER 352-683-5506 PHONE I 352-683-5500 EMAIL: c~thyethridge@hotmail.com , RE: SOUTH BEACH SALES REPORT I I THE SUNDRIES SALE~ FIGURE SHOWN ON THE REPORT AS $88,556.84 OMITTED SUN TAN SALES OF $12,622.31. THE TOTAL SUNDRIES AMOUNT SHOULD BE SHOWN AS $101,179.15. THE TOTAL OF $579,488.57 IS CORRECT. I APOLOGIZE FOR ANY INCONVENIENCE. PLEASE LET ME KNOW IF ANY FURTHER ACTION IS REQUIRED OF ME. , i I I I I I I South Beach Pavilion Pro osal Scores a. Successful ex erience rovidin similar services. b. Successful ex erience 0 c. Need for ro ram/services, Ian to meet need. d. Measurable im act to the communi . e. Com leteness of written res onse. f. Re orts from references rovidin these services. artner with ublic and rivate sector. itol costs. k. Resources available to and used b a licant. i. Abili Totals Total points available = 100 Proposal Team "A" Michael Frangedis and Nick V otzakis "A" "B " 3.0 1.0 1.2 1.0 2.4 3.2 2.4 3.6 3.6 3.8 3.8 2.8 45.63 50.0 2.8 1.4 2.6 2.0 3.2 2.0 2.8 2.8 73.43 73.60 Proposal Team "B" Dan Waters, Laura Flowers and John Hamele ,~, ~ Louis Haske), CPA, P A P~D April 5, 2004 Mr. Bill Morris, Harbormaster C/O City of Clearwater Marina 25 Causeway Blvd. Clearwater, FL 33767 RE: Pier 60 Concessions Dear Mr, Morris, Mr, Steven Chandler has requested that my firm provide you with the sales information for l\lexandra of C1earltJater Beach Inc, DBA Pier 60 Concessions, This information is required under the license agreement between Pier 60 Concessions and the City of Clearwater, Annual sales are from March to April, Total Concession Sales 03/04 - Exceeding $1,000/000(@ 22.5%) Exceeding $ 750/000(@ 20.0%) $1/098/743.44 98/743.44 -$22,217.27 250/000.00 -$50,000.00 Balance Due 4/1/2004 $ 72/217.27 Paid If you have any questions regarding the above.. p1ease call me at any time. s;;;;~u " Louis Haskel CPA \ ~ I (, 415 S San Remo Ave. Clearwater, FI 33756. 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(1) CJ 0 f- ..c .. <J.) s co c. - ~ ~ co ~ <J.) en 3: ~ <J.) :::s en -- <J.) 0 0) ctS -co J... I J... 0 en - :::s CO .. (1) ~ -- <( <D en c J... E <J.) ~ ~ CO (1) CO ..... c <J.) ..0 co CO (1) ..c CO en E CO ..Q ...... - .. :::s ctS ..c CO 0 u en 2 .... 0 ~ ~ - J f- <.9 ::) () () f- I "'_, . .. ''-f "n.... 1 &..-1 '......\.J......'-'I , (c..( <-f<-f<::: 0"4(10 t'.~.l MACFARLANE FERGUSON' & McMULLEN AT'J.'01l.NltY9 " COON'SELORS AT LAW :rnt"'~V"'Bt tl...'dk lIutld:l.ng 625 Co~rt sereet, sutta 200 povt o2f1~p 20x 1..9 [337511 C~~Arwata~, ~L 33757 ('727) 4.4.J."El9~6 FAX TRANSMITTAL FORM DATE: June 3, 2004 NUMBER OF PAGES: (Including cover pager .8 .A'r"1'ENTION: WILLIAM MORRIS, Director of Marine & Aviation FIRM NAME; CITY OF CLEARWATER FAX NO. : 462-6957 TELEPHONE NO. ~ 462-6954. FROM: HARRY S. CLINE FAX NO. : (727) 442-8470 ADDITIONAL COMlVLENTS: IF YOU ExPERIENCE PROBLEMS IN RECEXVING, :2LEASE_CALLOtJR9FF~CE___AT___{7_~'lt__!~_~=~ 9 6 ~__ THE DFOll-/olA.'l'ION CON'rAINED IN TH:tS FACSIMILE MESSAGE IB A'fTORNEY-CLX!;N'l' PRrv'XLEGED AND CONFIDEN'nAL INFORMll."I'!ON INTENlDED ONLY FOlt TH~ USE OF THE ADDRESSEE. IF TIm lllilADER OF TlUS MESS)>.$l!l IS NOT THE IN'l'EIIID!)1) RECIPU;tll'Z', COMMtJIITJCAI'ION OF nllS MATERIAL IS STRICTL~ PROHIEJ;T~. IF yOU HAVE RE:e~IVED THiS COMMW:tCM'ION IN ~RROR, PLEASE IMMEDIATELY NOTIFY US 11')( TELEPHONE (COLLECT IF NECESSARY) AND RETURl'I' THE ORIGINAL MESSAGe TO US AT THE ABOVE MlO~ESS VIA Tf{~ U.s. POSTAl:. SERVICE, THANK YOU, I II I_I I II,,--nr.,~ I L...I"......UwUI'i '727 442 8470 P.B2 MACFARLANE FERGUSON & McMuLLEN AT-rORNEV$ AND CCIJNSE:LCRS AT LAW .:S01 50UTW iO"LORIO^^VO:NuE uo.XSL..ANO. FLORIl;lA ~~803 C8G3~ ",..0.01)09 F^"- Cl!S!lIS83-28-401 ..a.OO NORTH 1'AMPA STA2ET. SUITE: ;\'':'00 P.O. BOX 1;l~1 CZIP 33Q;OI) T^MPA, FLORID^ ;;/""!o02 (9(3) C:73~.4200 FAX telll:U ,273.od.39-" 625 t;:<;>URT STFlEET P. O. SQ>< lees 121P ;;1375"7) CLSARWATER. .Lc:>""OA ~9?SG (727) _1-8SS6 FAX 17271....Z-047e> www.mfmJl!Ig8l.com e;...AIL.: irllo~m'n'lJl!Igal.com IN F>e:PL v REF;;" TO: Clearwater June 3, 2004 Mr. George McKibben Purchasing Director City of Clearwater Post Office Box 4748 Clearwater, FL 33758~4748 VIA FAX # 562-4635 Re: South Beach Pavilion / request for proposal Our clients: Kenneth G. Hamilton and Wade B. Hamilton Dear Mr, McKibben: We have been asked to represent the Hamiltons incident to their proposal submitted to the City of Cleanvater relative to the South Beach Pavilion. Please have your files reflect that the bid proposal submitted by the Hamiltons contained a typographical errOT, which was results in a misstatement ofthe proposal. Specificially the proposals involving 15% of gross sales from $75,000 to $150,000, and 30% of gross sales above $150,000 [subparagraphs 4 and 5 of' H (Financial Return to the City)] were intended to be . percentage payments to the City for beach rentals only, The proposal involving financial returns to the City should have been, and we are hereby amending it to read, as follows: "H) Financial return to the City of Clearwater 1. 1 st rent payment will be made on July I, 2004. There will be no lapse of revenue for the City, 2. $7500 per month monthly rent for the food and retail operation 3, $1000 per month monthly rent for the beach rentals, plus (a) 15% of gross sales additional rent from $75.000 to $150,000 for beach rentals and (b) 30% of gross sales additional rent above $150,000 for beach rentals 4. Willing to accept a month to month after year two if Beach by Design is imminent.)) J UI"l-!O.J-~!O~q 14; t1..5 MACFARLANE FERGUSON 727 442 8470 P.03 June 3, 2004 Page 2 We acknowledge that our clients made a mistake in the proposal to the City and they are correcting that mistake by this letter. We ask that this revision be accepted under' 3.2 of the reserved rights ofthe City, which includes the City's right to "waive any irregularity. variance, or informality whether technical or substantial in nature, in keeping with the best interest of the City. " It is our position that the Hamiltons' bid, as corrected, is superior in all respects, and we will attend the Monday morning review session and present their proposal, and their credentials, consistent with the revisions set forth herein, and we hope that the City will accept, and review, the proposal consistent herewith, under the reserved rights within the RFP solicitation. Thank you for your assistance and we will look forward to meeting with you Monday. HSC:koh cc: Mr. Kenneth G, Hamilton Mr, Wade B. 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I (,) <( UJ a:l I f- :::> o CI) ,'!J' ~ ::::- ~ -" ~,t -..L ~ lD Cl as CL Hamilton's Mike & Nick Item Base Rent Month Annual $7,500.00 $90,000.00 Beach Rent Month Annual $1,000.00 $12,000.00 % of Sales $ % of Beach $ $ % of Total 15% 75 - 150K 30% 150K up $11,250,00 $216,031,34 W/F/H $7,083,33 $84,999.96 $716.66 $8,599.92 10% 500 - 750K 20% 750K -1M 22,5% 1 -1.5 M 25% 1,5M up $25,000,00 $24,020.90 $8,083.33 $96,999,96 $716.66 $8,599.92 10% over $700K $0.00 10% over $45K $24,561,59 Total Annual Rent $329,281,34 $142,620,78 $130,161.47 Figures for last year used $579,488.57 Restaurant Sales, Etc. $290,615.91 Beach Rentals $870,104.48 Total Weighted pct on bid score 50% 22% 20% A = K. G, Hamilton & W. B. Hamilton B = Dan Waters, Laura Flowers, John Hamele C = Michael Frangedis, Nick Votzakis Companies/Personnel at the Mandatory Bidders Conference 24 May 10 AM Company Representative e- mail South Beach Ken Hamilton kenhClUpalmpaviIion.com LLC & Wade Hamilton Dan Waters A Daniel R. DanClUbidtampabav.com ) Watters Laura Flowers Laura Flowers Iskflowersuucs.com 1).- John Hamele John Hamele usiackUl2hotmail.com I City of Bill Morris WiIIiam.morris(tl)mvcleanvater.com . Clearwater City of Bev Buysse Beverlv.Buvsse(tl)mvclearwater.com Clearwater City of Gordon Wills Gordon. WiIIs~mvclearwater.com Clearwater City of Elliot Shoberg Elliot.Sho ben!~mvclearwater.com Clearwater Pier 60 Steve Chandler Chan99(Q)aol.com FIipperz Beach Mia Cretel (tl)aol. com Shop Boutzoukas ..... v v- ~cw City Manager Discussion Item: South Beach Pavilion RFP # 20-04 Staff Recommendation: The long term Lease with Howard G. Hamilton for the food concession and restroom complex known as the South Beach Pavilion Complex is to terminate on June 30, 2004, After a review of both the written and oral presentations of the three submitted proposals, the staff recommends that none of the proposals be accepted, Summary: An RFP solicitation was released on May 10, 2004 to evaluate the potential for a short- term lease of 3 years with 24 month by month options. The short-term lease was necessitated by the pending development of Beach Walk, a City of Clearwater Development Initiative which has significant impacts on site accessibility, parking and desired design features yet to be defined, The selection criteria were published as part of RFP# 20-04 and the proposals were evaluated against those criteria. No amended proposals were allowed after the bid opening. There is documentation on file of legal discussion that one bidder elected to "not pursue the proposal initially submitted" which eliminated consideration of one of the three proposals, The remaining two proposals were evaluated as presented below. Selection Criteria and average score of the 5-member board summarized in each area. The scores are based on each non-financial return factor being worth 5% or 5-point total and the one financial return factor worth 50%. The highest bid in the financial return category received 50 percentage points and the second bidder's financial return was 91.26% of the first bidders which gave the second bidder 45.63 percentage points in the financial category. These criteria and the two proposals evaluated are as below, A simplified summary is attached, a. Successful Experience in Pinellas County providing similar concession services, Bidder A score 3 Bidder B score 1 b. Successful experience in Pinellas County Managing and operating a public building, Bidder A score 1.2 Bidder B score 1 c. Documented need within the community for program and services, and how you plan to meet need. Bidder A score 2.4 Bidder B score 3,2 d. Clearly defined measurable impact to the community. Bidder A score 2.4 Bidder B score 3.6 e. Responsiveness and completeness of written response to these instructions with regard to the scope ofthe project Bidder A score 3,6 Bidder B score 3.8 f. Reports from references Bidder A score 3.8 Bidder B score 2.8 g. Compensation or financial benefits to the City of Clearwater. Bidder A score 45.63 Bidder B score 50.0 The actual projected dollar figures were computed against historical site sales and in dollar figures were, $130,161.47 (Bidder A) and $142,620.78 (Bidder B), h, Longevity of applicant providing these services. Bidder A score 2.8 Bidder B score 1.4 i. Proven ability to partner with public and private sector. Bidder A score 2.6 Bidder B score 2 j. Proven ability to raise funds to support operational and capitol costs Bidder A score 3.2 Bidder B score 2 k. Fullness and extent of resources available to and used by applicant. Bidder A score 2.8 Bidder B score 2.8 Discussion: In reviewing the proposals each was submitted as a start-up enterprise by local community residents and businesspersons, One Bidder was the consolidation of a team of three individuals, one with experience in food preparation, concession operation, auctioneering and retail, one member with child preschool therapeutic program experience, as well as child education and retail equipment sales and marketing experience, with the third a retired investor with social and medical services experience in addition to some health club, self storage and truck rental experience. Their start up capitol was presented as $150,000 cash at minimum, The other Bidder was represented by a team of two individuals, one with experience in establishing successful private retail operations, The other partner was the financial investor with $140,000 in cash. The other financing was to be home and vehicle equity and largely unrelated to concession sales existing business inventory. The staff analysis of the start up costs of such an operation had been analyzed prior to issuing this RFP, As a city operated concession our start up costs for beach inventory alone allowing for volume discounts were a conservative $140,000 in inventory, (tractor, trailers, cabanas, chairs and umbrellas. This is without any kitchen equipment, retail inventory or employee cost. All parties and the city agreed a range of 12 to 14 full time employees was required to properly staff this 7 day a week operation, with additional labor for peak seasons and holidays, It did not appear to be in the best interest of the city to award this contract under these conditions. 0 0 'C 00 ~ 0 0 00 \C r- 0 M 00 . . r- . . 0 . . . = 0 . . ff') . M ~ . M M ~ . ~ ff') ff') lI) M t'--- .... ~ .... ~ ~ ff') 00 'C N 00 ~ r- ~ \0 00 'C . r- 0 M . . . . ~ < . . . . . M M ff') f"l . . N M ff') ff') lI) I:"- .... ('f') ~ ~ ~ .... a,) ~ 0 ~ rJJ ~ r'-l ~ ~ ~ ~ 0 ~ = ~ ~ 0 ~ . ~ . ~ . ~ = . ~ = a,) .~ r'-l . "'C a,) = ~ 0 ~ . ~ ~ . .~ .~ ~ "'C1 ~ ~ ~ ~ ~ , .~ a,) .~ a,) 0 = .~ = ;.. ;.. a,) . r'-l ~ ~ ,.Q ~ ~ ~ a,) = a,) a,) ~ ~ ~ ~ 0 .~ ~ ~ .~ r'-l ~ -- ~ .~ a,) U ~ ~ ~ ~ a,) .~ ~ ~ ,.Q a,) . ;.. ~ ~ ~ S ~ a,) r'-l .~ ~ .~ = ~ a,) ~ ~ ~ ~ e ~ .~ ~ ~ ~ a,) = = ~ ~ ~ .~ . 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Successful experience operating a public building. c. Need for program/services, plan to meet need. d. Measurable impact to the community. e. Completeness of written response. f. Reports from references g. Compensation/financial return to the City. h. Longevity of applicant providing these services. i. Ability to partner with public and private sector. j. Ability to support operational and capitol costs. k. Resources available to and used by applicant. Totals Total points available = 100 Proposal Team "A" Michael Frangedis and Nick V otzakis SCORES "A" "B" 3.0 1.0 1.2 1.0 2.4 3.2 2.4 3.6 3.6 3.8 3.8 2.8 45.63 50.0 2.8 1.4 2.6 2.0 3.2 2.0 2.8 2.8 73.43 73.60 Proposal Team "B" Dan Waters, Laura Flowers and John Hamele Morris, William D. From: Sent: To: Wills, Gordon Friday, May 28, 2004 2:06 PM 'kenh@palmpavilion.com'; 'dan@bidtampabay.com'; 'Iskflowers@cs,com'; 'usjack@hotmail.com'; 'chan99@aol.com'; 'crete 1 @aol.com' Morris, William D.; Buysse, Beverly A; McKibben, George; Lipowski, Laura RFP information Cc: Subject: Importance: High Gentlemen: Since the RFP is due by 4:00 today, as per Pam - there must be an update issued to inform the proper parties that we have an exclusive agreement with Coke that requires us to use our best efforts to ensure that the successful respondent sell and make available Coke products, which are defined in the agreement as: "all carbonated and non- carbonated, non-alcoholic soft-drinks, juices, juice drinks, teas, isotonic, water, frozen beverages, iced coffees and new products introduced. Frozen beverages shall not include ice cream and frozen yogurts, Beverages do not include hot teas, hot coffee products or fresh squeezed lemonade." thanks 1 South Beach Pavilion Proposal Scores a. Successful experience providing similar services. b. Successful experience operating a public building. c. Need for program/services, plan to meet need. d. Measurable impact to the community. e. Completeness of written response. f. Reports from references g. Compensation/financial return to the City. h. Longevity of applicant providing these services. i. Ability to partner with public and private sector. j. Ability to support operational and capitol costs. k. Resources available to and used by applicant. Totals Total points available = 100 "A" "B " 3.0 1.0 1.2 1.0 2.4 3.2 2.4 3.6 3.6 3.8 3.8 2.8 45.63 50.0 2.8 1.4 2.6 2.0 3.2 2.0 2.8 2.8 73.43 73.60 C-DI/ 15. I ~ Clearwater o Interoffice Correspondence Sheet To: Mayor and Councilmembers From: Cyndie Goudeau, City Cle@ CC: Bill Horne, City Manager; Pam Akin, City Attorney Date: June 8, 2004 RE: Council Discussion - Direction re Meeting Schedule As noted in a previous e-mail, there are two conflicts concerning the established Council Meeting Schedule, The August 19, 2004 meeting conflicts with the Florida League of Cities Conference to be held in Hollywood. Options for this meeting include canceling the work session and holding the meeting on Monday, Tuesday or Wednesday evening. If the meeting is held on Monday the 16th, the City Manager will be able to attend. If held on Tuesday, there is a COB meeting that afternoon with a significant agenda and may not be completed in time for a 6:00 p,m, Council meeting, If held on Wednesday, parking could be difficult with Calvary Baptist holding its Wednesday night services and those wishing to attend the pre- conference session on Thursday morning would most likely not be able to do so. There is also the possibility of moving the meeting one week and having meetings one week apart (8/26 and 9/2). The impact of canceling the meeting would have to be determined. Currently, there are few items being tracked for this meeting but those that are include four annexation public hearings. The November 18, 2004 meeting conflicts with the FLC Legislative Conference. Currently, we have no items on tracking for this meeting. Again there is the option of canceling the work session and just having a meeting one evening earlier in the week. At this point, other than the Wednesday conflict with Calvary Baptist, no other conflicts are known. Moving the meeting a week is not an option due to the Thanksgiving Holidays. Also at this time, I am suggesting we go ahead and settle the December 2004 and January 2005 meeting schedule, I recommend two meetings in December, the 2nd and 16th and only one meeting in January, the 20th, This should allow everyone to enjoy the holiday season. Southwest Airlines Schedule Display Page 1 of 1 Southwest Airlines Schedule for Tampa to Fort Lauderdale Flights Departs Arrives Stops Frequency Mon Tue Wed Thu Fri Sat Sun 242 7:00am 7:50am N/S x x x x x 1652 8:50am 9:45am N/S x x x x x 2119 9:50am 10:45am N/S x 2663 10:00am 10:55am N/S x x x x x x 620 12:00pm 12:55pm N/S x x x x x x x 1040 1 :30pm 2:25pm N/S x x x x x x x 2804 3:40pm 4:40pm N/S x x x x x x x 1004 4:35pm 5:35pm N/S x 1807 5:05pm 6:05pm N/S x x x x x x 1393 7:00pm 8:00pm N/S x x x x x x 1523 8:30pm 9:25pm N/S x 2613 8:35pm 9:30pm N/S x x x x x x 2389 9:45pm 10:40pm N/S x x x x x x 161 10:40pm 11 :30pm N/S x x x x x x , W ~ ~rJ: u ':::' .t -fo ~t .J.- l.-d ..a IS. f'M" ()J/w;~ ~t~ p;t 4nA- ,- ~ r W !Ju- .w 4;<0. http://www.southwest.com/cgi -bin! displaySchedule 6/9/2004 Continental Airlines - Flight Search Results Page I of 1 TimeT Price Flight Departing Arriving Equip Stops Du ration On 7:20 a.m. From C09288 TPA FLL BEl .Q Thu., Aug. 19, 2004 5 $141.10 7:20 a.m. 8:30 1 hr 10 mn - a.m. on-time: Not Available Continental flight 9288 operated by Gulfstream International Airlines as Continental Connection. Note: Continental flight 9288 is serviced by a non-jet equipment type. Boarding assistance for p disabilities is not available on Continental flight 9288 due to the equipment type. http://www.continenta1.com/fSearch.asp?SID=42F3CBEEC849494584B4A688B8F ADDF2.., 6/9/2004 Greate itinerary: Select flights Page 1 of 1 United Airlines 9668 7:20 am 8:30 am Coach Non-stop 197 (Operated by Tampa Ft Lauderdale Y Gulfstream/Co (TEA) (EI"I,,) Connection) Beechcraft 1900 http://www.itn.net/cgi/air?stamp=NEWCOOKY*itn%2Ford%3DNEWREC.itn/air/united&", 6/9/2004 C Dl 2- 'v ~ I], DRAFT The Honorable Kenneth Hartmann Secretary Florida Department of Transportation Tampa, Florida Dear Mr. Secretary: I am writing on behalf of the Clearwater City Council. On March 9, 2004 Councilmember Bill Jonson had a phone call with you to discuss the design issues associated with US Highway 19, At that time you described the high cost of right-of-way prohibited the traditional project development that would incorporate traditional landscaping adjacent to the project. You did report that you had asked Don Skelton of your staff to look at the US 19 Projects to determine alternative aesthetic enhancements in the hardscape of the project. He was to share these options with our Public Works Administrator, We also are aware ofthe April 15, 2004 correspondence from the Pinellas MPO Executive Director, which reported that your office is reviewing the designs for the interchanges in order to include landscaping and other visual enhancements. Of significant concern to our Council is the appearance and maintenance plans for the wet and dry retention ponds, which are under the new overpasses. We wish to work with the Department and the MPO in obtaining the optimal cost/aesthetics for the projects within our City, Sincerely, Brian J. Aungst Mayor Closing Comments May 20, 2004 1, FLC Legislative Wrap-up Friday a, Much didn't pass in the final days of the session because of the fundamental split between the House and the Senate, Much of this will be back next year, b. Continued attack on our local revenue sources - impact fees, property taxes, communication taxes, c, CRA legislation next year - we need to invite our legislators to see what we are doing, d, Annexation the FLC and the Assoc of Counties agreed on a bill, but it didn't pass! Would have allowed annexation on noncontiguous properties if in a service boundary area agreement with a county, e, Landscape ordinance preemption related to water. f, Power line sighting preemption impacting zoning and aesthetics, g, Distribute the publication, 2, Suncoast League of Cities a, Excellent presentation by Scott Payne on "Rethinking the rules of Governance" I will try to obtain his presentation, I see he will be giving a presentation at the FLC in Hollywood this August. b, Mike Sittig always gives an insightful wrap-up, i. Constitutional amendment changes were largely in reaction to the FAIR amendment 11, Much time talking about the additional $25,000 Homestead Exemption, The impact of this change may result in the TRIM rollback rate being higher instead of being lower, Much bigger impact on Schools and County's than cities, The fight is now in the Supreme Court, The proponents say it is tax relief, but in reality it just changes assessed valuation by $1 02B, 3, FLC Annual conference - heads up on the election of a new second vice president. Should you select me as your voting delegate again this year, I will need to know if you want to give me guidance on the election of an incoming second Vice President. Locally, both John Doglione and Renee Flowers are running for this position, There is another candidate from Arcadia, Just want you to be thinking about this, Closing Comments 040617 Printed 6/17/2004 4:33 PM 4, Not sure where we ended up on the actions following the voter survey, I heard that we want to be proactive, but also that we need to wait for the bridge completion to seriously consider asking the voters for their approval for coachman park improvements, There were several things that I found useful from the survey and they include connecting with our citizens better especially those that regularly vote, I was fascinated with the statistics that 75% of the voters are over 55, As a member of that group I don't think we have done a lot to reach out to these folks, Perhaps we could have some focus groups to find out how to better involve them in decisions for downtown, This relates to the identity or visioning concepts, Would you support exploring these options? Suggest talking to someone like Bill Carlson, Tony Collins, Beth Rollans, 5, Travel Budget for WCJ a, Seek guidance on handling of FLC Conference expenses - I will exceed my travel allocation, As you recall the travel budget was split first to the Mayor and then equally to all other Council Members, My activity has been mostly related to FLC activity, FLC Conference is $1000 + or-, 6, Ask for your guidance on Thursday 7, Blown away with the FCA T results for our schools especially the results for Countryside High School. This is the school that I mentor at. Although we aren't responsible for the school, it reflects on our community, I wonder about inviting the principles of the two high schools in to discuss opportunities to partner with them, I know that St. Pete Mayor Rick Baker has stepped up school involvement. 8, Sad note Mike Horn a neighbor and good friend passed away while we were in Japan, My best wishes to his wife and family, Prayers for Mike Roberto in his battle, 9, Wonderful trip to Japan, Mayor and Mrs, Washizawa, Mr, And Mrs. Toshiyuki Tsukada, and my host family Y oshikazu and Emiko Takizawa, Closing Comments 040617 Printed 6/17/2004 4:33 PM