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06/02/2005 ..~ "II! ~ . .' ~:,'... - . City Council Agenda Date: 06/02/2005 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: 5 Presentations: 5.1 Proclamation - June as National Homeownership Month 5.2 Presentations of certificates for the valedictorians and salutatorians of Clearwater area high schools 5.3 Dedication of Clearwater Countryside Branch Library Reference Desk in memory of Lois K.Klein 5.4 Senior Center Task Force update 6 Approval of Minutes 6.1 City Council - May 19, 2005 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 an amendment to the Community Development Code to revise the termination of status of nonconformity provisions and Pass Ordinance 7445-05 on first reading. 9 Quasi-judicial public hearings - None 10 Second Readings - public hearing 10.1 Continue adoption of Ordinance 7397-05 annexing certain real property whose post office address is 3070 Gulf-to-Bay Blvd to the Council meeting of July 21, 2005. 10.2 Continue adoption of Ordinance 7399-05, amending the zoning atlas of the city by zoning certain real property whose post office address is 3070 Gulf-to-Bay Blvd. to the Council meeting of July 21, 2005. 10.3 Continue adoption of Ordinance 7398-05, amending the future land use plan element of the comprehensive plan of the city, to designate the land use for certain real property whose post office address is 3070 Gulf-to-Bay Blvd. to the Council meeting of July 21, 2005. 10.4 Adopt Ordinance 7410-05 on second reading, annexing certain real property whose post office address is 1600 Pine Place, into the corporate limits of the city, and redefining the boundary lines of the city to include said addition. 10.5 Adopt Ordinance 7411-05 on second reading, amending the future land use plan element of the comprehensive plan of the city to designate the land use for certain real property whose post office address is 1600 Pine Place, upon annexation into the City of Clearwater, as Residential Urban. 10.6 Adopt Ordinance 7412-05 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 1600 Pine Place, upon annexation into the City of Clearwater, as low medium density residential (LMDR). 10.7 Adopt Ordinance 7417-05 on second reading, annexing certain real property whose post office address is 2201 Arlington Place, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 10.8 Adopt Ordinance 7418-05 on second reading, amending the future land use plan element of the comprehensive plan of the city, to designate the land use for certain real property whose post office address is 2201 Arlington Place, upon annexation into the City of Clearwater, as Residential Urban. 10.9 Adopt Ordinance 7419-05 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 2201 Arlington Place, upon annexation into the City of Clearwater, as low medium density residential (LMDR). 10.10 Adopt Ordinance 7442-05 on second reading, vacating the north 254 feet of Lawson Road beginning at the southwest corner of Lot 10, Blackburn Subdivision. 10.11 Adopt Ordinance 7443-05 on second reading, vacating the 60-foot right-of-way of "B" Street from the west right-of-way line of South Fort Harrison Avenue to the southerly etenstion of the east property line of Lot 6, Block 25, Map of Belleair, less and except the south 30 feet of the west nine feet thereof, subject to a drainage and utility easement whichi is retained over the full width thereof. 10.12 Adopt Ordinance 7420-05 on second reading, annexing certain real property whose post office address is 1724 Thomas Drive, into the corporate limits of the city, and redefining the boundary lines of the city to include said addition. 10.13 Adopt Ordinance 7421-05 on second reading, amending the future land use plan element of the comprehensive plan of the city to designate the land use for certain real property whose post office address is 1724 Thomas Drive, upon annexation into the City of Clearwater, as Residential Low. 10.14 Adopt Ordinance 7422-05 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 1724 Thomas Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 10.15 Adopt Ordinance 7389-05 on second reading, amending Appendix A, Article XI, Park, Beaches, Recreation, to increase certain fees for use of facilities by nonresidents and to establish formulas for charging nonresident fees. 10.16 Adopt Ordinance 7444-05 on second reading, relating to occupational license fees; amending Appendix A, schedule of fees, rates and charges by 5% increase in fees. City Manager Reports 11 Consent Agenda 11.1 Reappoint Mr. Rick G. Stucker 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. 11.2 Approve a donation to Clearwater Homeless Intervention Project, Inc. (CHIP) for funding of operations in the amount of $100,000.00. 11.3 Approve the hiring of one new FTE for the Planning Department at an estimated annual cost of $65,850 and a current year estimated cost of $27,045. 11.4 Award a contract for the sub-aqueous installation of a 20-inch potable water main, a 12-inch potable water main, a 4-inch natural gas main with an 8-inch casing, and a 4-inch conduit for traffic communications under Mandalay Channel to Akerman Construction Company of Purcell, Oklahoma in the amount of $763,570.50, which is the lowest responsible bid received in accordance with the plans and specifications and authorize the appropriate officials to execute same. 11.5 Approve a work order to Jones, Edmunds and Associates, Inc., in the amount of $155,000 for engineering design services related to the Nitrate Recycle Improvements Project (05-0023-UT),and that the appropriate officials be authorized to execute same. 11.6 Approve the final plat for "TOWN HOME MANORS OF COUNTRYSIDE PHASE 1" located approximately 250 feet West of U.S. 19 and 1000 feet north of Sunset Point Road. 11.7 Approve the final plat for "COURT STREET TOWNHOMES" located at 830 Court Street being the Northwest corner of Court Street and Prospect Avenue. 11.8 Approve a work order to TBE Group, Inc., in the amount of $447,800 for engineering design services related to the Flow Monitoring and Model Recalibration Project (05-0007-UT),and that the appropriate officials be authorized to execute same. 11.9 Approve a work order to McKim & Creed, P.A., in the amount of $25,000 for supplementary engineering design services related to the Elevated Water Storage Tanks Modifications Project (04-0048-UT),and that the appropriate officials be authorized to execute same. 11.10 Approve the Land Transfer Agreement between the City and Sunspree Green, LLC ("Developer") and DAM Devon, LLC, (Affiliate) for property located at 41 Devon Drive, Clearwater, FL and authorize the appropriate officials to execute same. Purchasing 11.11 Purchase one Crane Carrier cab and chassis with Loadmaster rear loader body from Container Systems and Equipment, Daytona Beach, Florida for $158,343. 11.12 Purchase liquid sodium hypochlorite during the period June 3, 2005 through June 30, 2006 from Allied Universal Corporation, Miami, Florida, at a cost not to exceed $162,800. 12 Other items on City Manager Reports 12.1 Adopt Resolution 05-23 authorizing appropriate City officials to execute a Subordination of City Utility Interests agreement with the Florida Department of Transportation ("FDOT") regarding that certain easement granted to the City by Wal-Mart Stores, Inc. as recorded in O. R. Book 8406, Page 939, public records of Pinellas County, Florida, as said easement presently encumbers Lot 2, plat of SAM'S CLUB CLEARWATER. 13 City Attorney Reports 14 City Manager Verbal Reports 14.1 Myrtle Ave./Cleveland St. intersection 14.2 Schedule Special Budget Work Session 15 Council Discussion Items 15.1 MPO/PST A Transportation Issues 15.2 Courtney Campbell Scenic Highway $500 membership 16 Other Council Action 17 Adjourn CITY OF CLEARWATER I nterdepartmental Correspondence TO: FROM: Mayor and councilmember~ Cyndie Goudeau, City CI~ Follow up from May 31,2005 Work Session SUBJECT: COPIES: William B. Horne, City Manager DATE: June 1, 2005 Aqenda: 06-02-05, Rev-1 - updated Agenda provided. Pension 1: Accept the Actuary's Report for the Employees' Pension Plan for the plan year beginning January 1, 2005. - Paperwork provided. Presentations: (Added to agenda) 5.2 Presentations of certificates for the valedictorians and salutatorians of Clearwater area high schools. 5.3 Senior Center Task Force update. Minutes: Approval of minutes from May 19, 2005 - Minutes provided. 1 of 1 u. o >- I- (j Interoffice Correspondence Sheet To: Mayor and Council members From: Cyndie Goudeau, City Clerk Bill Horne, City Manager; Garry Brumback, Asst. City Manager; Pam Akin, City Attorney CC: Date: June 02, 2005 RE: Revisions to Agenda Packet for June 02,2005 The following changes/additions are provided: . Revised Work Session Agenda - Rev 1 - 06-02-05. · Presentation 5.3 Dedication of Clearwater Countryside Branch Library Reference Desk - Item added to Agenda. · Presentation 5.4 Senior Center Task Force update reordered from item 5.3. Also, a handout from William E Haley, Ph. D. provided. . 8.1 Approve an amendment to the Community Development Code to revise the termination of status of nonconformity - Memo and Spreadsheet provided. · 10.1 Continue adoption of Ordinance 7397-05, annexing 3070 Gulf-to-Bay Blvd. -- Replace Agenda Cover Memo. · 10.2 Continue adoption of Ordinance 7399-05, amending the zoning atlas of 3070 Gulf- to-Bay Blvd -- Replace Agenda Cover Memo. · 10.3 Continue adoption of Ordinance 7398-05, amending the future land use of 3070 Gulf-to-Bay Blvd -- Replace Agenda Cover Memo. · 14.1 Myrtle Ave./Cleveland St. Intersection - Large Color Map provided. Memo to Council for 06-02-05 Work Session - revisions.doc 1 of 1 4-:,[; ~ s. y Clearwater City Council presentation William E. Haley, Ph.D. June 2, 2005 I thank the Council for the opportunity to speak briefly tonight. My name is Dr. William Haley. I am a resident of Clearwater, and Vice-Chair of the City of Clearwater Senior Center Blue Ribbon Task Force. I am also Professor and Director of the School of Aging Studies at the University of South Florida, and have been involved in aging research, education, and service for over 20 years. I am proud to be a resident of Clearwater and gladly commute to Tampa on a daily basis so that I can enjoy the advantages of living in this great city. As part of my service on the Task Force, I conducted some research on Clearwater's older adult population, with assistance from others at USF. I learned a number of important facts that will be included in a final report from our Task Force. But there are several quick facts that I believe will be helpful for the Council to consider as it develops plans related to aging activities in Clearwater. First, Clearwater is a special place in the bigger picture of the aging of America. By all objective standards, Clearwater is America's oldest city of 100,000 residents or more. According to the 2000 census, 21.5% of our residents are over the age of 65. Our median age is 41.8, meaning that half of Clearwater residents are over this age. We also have 3.6% of our population over the age of 85. Clearwater leads all cities with over 100,000 people in each of these categories. Also of note is that 1/3 of Clearwater households include at least one resident over the age of 65. Finally, Clearwater also has a large population of individuals aged 50-64, many of whom are likely to "age in place" and to remain in our lovely city as they age. Over 38% of the Clearwater population is aged 50 or over. Our Task Force did not have the funding necessary to conduct an in-depth needs assessment of Clearwater's older adult population. But in many ways, Clearwater's over-65 population appears to be similar to America's older adult population as a whole. For example, about 25% of Clearwater residents have annual incomes of less than $15,000; and about 1/3 of Clearwater residents over age 65 are widowed-figures very close to national averages. These and other figures we have examined suggest that older adults in Clearwater are likely have problems and concerns similar to those found in national studies of aging. Thus, we can expect that there are many unmet needs among Clearwater elders in terms of coping with age-related disability; stress related to family care giving obligations; and needs for transportation and meaningful social activities. Older adults are an extremely diverse part of our population. Some are frail and need supports to remain at home; some suffer from problems such as Alzheimer's disease, depression and loneliness; while others may be active, independent, and interested in expanding their horizons, learning to use computers, finding meaningful employment, or being volunteers in our community. The growing Baby Boom population is likely to have special concerns as it matures into older adulthood. For example, surveys have shown that Baby Boomers are especially interested in continuing employment, personal growth, and health promotion activities compared with other generations. The City of Clearwater has the opportunity to be a nationally recognized leader in responding to an aging population. Large numbers of older adults provide both challenges and opportunities. Our Task Force believes, and I concur, that we need a comprehensive approach from the City, that goes beyond constructing a Senior Center, in order to best serve both current older adults and those of the future. Investment in an Office of Senior Adult Affairs or some similar organizational structure within the City will give Clearwater in-house expertise on aging issues, and help the City plan state of the art programs for our citizens. I thank you again for the opportunity to address the Council. City Council ~.."",=__~g.~,!!.!:!!1w c~'!~,~,,~,M,~,!!Io.~a ~~ u ~ P LJ),- \ B. j ~~ u~ ""'''''''''''''''''''~__='''''''~''''''=_''''''~,*,'~;'''l'W'''~~'''''''ffl''''')~' Tracking Number: 1,323 Actual Date: 06/02/2005 Subject / Recommendation: Approve an amendment to the Community Development Code to revise the termination of status of nonconformity provisions and Pass Ordinance 7445-05 on first reading. Summary: As tourism is the leading economic industry in the City of Clearwater, city leaders became concerned about the conversion of beach hotel properties to condominiums, thus adversely impacting the tourist industry. Several of these conversions have used the Termination of status as a nonconformity provisions in the Community Development Code (Section 6-109.B) to reconstruct nonconforming density. On April 21, 2005, the City Council directed the Planning Department to revise this ordinance to deter these conversions. The proposed revision will clarify that the reconstruction of nonconforming density can only occur if there is no change in use. For example, a hotel use could be converted to a new hotel use or a condominium use could be converted to a new condominium use, but a hotel use could not be converted to a new condominium use. Attached please find the staff report for further analysis and Ordinance No. 7445-05. The Community Development Board (CDB) will review the proposed amendment at its regularly scheduled meeting on May 17, 2005. The Planning Department will report the recommendation of the CDB at the City Council meeting. Originatinq: Planning Section Administrative public hearings Category: Code Amendments, Ordinances and Resolutions Number of Hard Copies attached: 0 Public Hearing: Yes Advertised Dates: 05/19/2005 Financial Information: Review Approval Gina Clavton 05-06-2005 15: 13:00 Leslie Douaall-Sides 05-10-2005 09: 17:01 Bill Horne 05-16-2005 18:15:10 Gina Clavton 05-06-2005 15: 13:57 Cvndie Goudeau 05-17-2005 08:30:26 ~~ \l~ Michael Delk Garry Brumback City Council ,,==_~g=~.!!~cL!=ove~J1~,~=o!"=~ nd u m 05-06-2005 05-16-2005 15:25: 10 13:26:54 ORDINANCE NO. 7445-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 6, NONCONFORMITY PROVISIONS, SECTION 6-109.B, TERMINATION OF STATUS AS A NONCONFORMITY; PROVIDING THAT UPON RECONSTRUCTION OF STRUCTURES WHICH ARE NONCONFORMING WITH RESPECT TO DENSITY, SUCH RECONSTRUCTION MUST RETAIN THE CURRENT USE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 6526-00 was adopted by the City Council on June 15, 2000, which ordinance amended the Community Development Code; and WHEREAS, a portion of Ordinance No. 6526-00, provided for the termination of status as a nonconformity to facilitate redevelopment; and WHEREAS, the City of Clearwater desires to further refine the termination of status provision in the Community Development Code; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 6, Nonconformity Provisions, Section 6-109.B, is amended as follows: B. A structure which is nonconforming with respect to density may be reconstructed on the same parcel with the same density provided Level Two approval is obtained and that: ~ Ssuch reconstruction complies with all other requirements of this Community Development Code -:; and 2. Such reconstruction does not constitute a chanQe in use. Section 2. This Ordinance shall not apply to any applications which have been submitted and been found to be complete and sufficient as of August 4, 2005 under the provisions of Community Development Code Article 4, and provided that the application is approved no later than September 20, 2005 and the project meets the timeframes required by the Development Order for permit submittal and certificate of occupancy. Section 3. This ordinance shall take effect immediately upon adoption. Ordinance No. 7445-05 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Cynthia E. Goudeau Assistant City Attorney City Clerk 2 Ordinance No. 7445-05 CDB Meeting Date: Case Number: Ord. No.: Agenda Item: May 17, 2005 TA2005-04001 7445-05 G-8 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT TERMINATION OF STATUS AS A NONCONFORMITY INITIATED BY: Planning Department BACKGROUND: As tourism is the leading economic industry in the City of Clearwater, city leaders have become concerned about the conversion of beach hotel properties to condominiums, thus adversely impacting the tourist industry. Several of these conversions have occurred recently by making use of the Termination of status as a nonconformity (Section 6- 109.B) provision in the Community Development Code. This provision is a most unusual zoning regulation as its intent is to facilitate redevelopment. In most cities, the regulations for nonconformities are structured to bring nonconformities into compliance over time with the current zoning regulations. Community Development Code Section 6-109.B allows a nonconforming structure that has nonconforming density to be reconstructed on the same site at the same density, upon approval by the Community Development Board (CDB). This subsection has been interpreted to allow the conversion of one type of density for another, i.e., 40 units per acre for hotel is converted to 30 units per acre for condominium use. There are four approved projects on the beach that have used the Termination provision and converted from hotel use to condominium use and are as follows: . Ramada Inn - conversion of 289 existing hotel rooms to 241 hotel rooms and 38 condominiums; . Clearwater Beach Hotel - conversion of 137 hotel rooms approved to remain as 137 hotel rooms (with additional rooms from the density pool) with 120 condominium units approved on the south half of the site; . Sunspree Hotel - conversion of 210 hotel rooms to 149 condominiums (includes 13 units by virtue of Transfer of Development Rights); and . Panorama on Clearwater Beach - conversion of 15 hotel rooms to 11 condominiums (total project - 15 units). Staff Report - Community Development Board - May 17, 2005 - Case TA2005-04001 1 ANALYSIS: Although there are not a significant number of approved cases on the beach that have used the Termination provision to convert from hotel to condominium use, it is clear that the current market interest in condominium development is very strong and interest in the use of the Termination provision is growing. This Code provision provides a strong incentive to developers to facilitate redevelopment. However, based on current market conditions, which make residential development more desirable than hotel development, the current Termination provision may in fact facilitate the loss of hotel units. Market changes are clearly out of the city's control, but a more refined code related to development choices will assist the city in developing incentives and disincentives that will implement the City's goals of maintaining a strong tourism industry. In an attempt to preclude the use of Code Section 6-109.B as a redevelopment incentive for hotel to residential conversions, the proposed amendment will require that the reconstruction of nonconforming density not result in a change of use. A hotel use could therefore only be converted to a hotel use or a condominium use could only be converted to a condominium use. A hotel use could not be converted to a condominium use. Section 2 of proposed Ordinance No. 7445-05 specifies that the revised Termination provision will not apply to any site plan application that has been submitted and determined to be complete and sufficient by August 4, 2005 and approved by September 20, 2005 provided timeframes established in the development order for permitting and issuance of certificate of occupancy are met. This Section allows site plan applications submitted to the Planning Department by the July 1, 2005 application deadline (after the adoption of the proposed ordinance on June 2, 2005) to be processed. Any site plans received after July 1 st requesting use ofthe Termination provision to convert uses will not be processed. CRITERIA FOR TEXT AMENDMENTS: Code Section 4-601 specifies the procedures and criteria for reviewing text amendments. Any code amendment must comply with the following: 1. The proposed amendment is consistent with and furthers the goals, policies, objectives of the Comprehensive Plan. Below is the policy from the Clearwater Comprehensive Plan that is furthered by the proposed amendment to the Community Development Code. 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 Staff Report - Community Development Board - May 17,2005 - Case TA2005-04001 2 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. The above policy indicates the city's commitment to beach renewal in compliance with the provisions of Beach by Design, the special area plan for Clearwater Beach. This regulatory change would likely result in redevelopment that more closely matches the City's goals of maintaining a vibrant tourist economy. 2. The proposed amendments further the purposes of the Community Development Code and other city ordinances and actions designed to implement the Plan. The proposed text amendment is consistent with the following purposes of the Code: . Section 1-103.A - It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedures for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city. . Section 1-103 .E.2 - It is the further purpose of this Development Code to protect the character and the social and economic stability of all parts of the city through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the city. The proposed amendment will enable the city to define more specific provisions to govern land use, density and intensity and scale of development within the entire city. The clarification of these provisions will also assist in the orderly and beneficial development of land. Clarification of the discrepancies between the land development regulations normalize developer/property owner expectations and provide more certainty to the development process which will lead to the economic stability within the area. SUMMARY AND RECOMMENDATION: The proposed amendment to the Community Development Code is consistent with the Comprehensive Plan and the Community Development Code for the reasons cited above. The use of the amendment will assist in enhancing and maintaining the leading economic industry of tourism in the City of Clearwater. The provision also incentivizes redevelopment in general which results in an upgrade of site improvements such as parking and stormwater management, as well as an upgrade to overall design. The Planning Department Staff recommends APPROVAL of Ordinance No. 7445-05. Staff Report - Community Development Board - May 17,2005 - Case TA2005-04001 3 Prepared by Planning Department Staff: Attachments: Proposed Ordinance No. 7445-05 Sharen J arzen, Planner In Staff Report - Community Development Board - May 17,2005 - Case TA2005-04001 4 ~: 8./ u. o ~ u~ Interoffice Correspondence Sheet TO: BILL HORNE, CITY MANAGER FROM: MICHAEL DELK, AICP PLANNING DIRECTOR RE: BEACH BY DESIGN REVIEW & REVISIONS DATE: APRIL 19,2005 Pursuant to your request, the following is a summation of information related to our experience to date regarding the Termination of Nonconformity provision as it relates to beach redevelopment. I have outlined a tentative schedule for modification of the "Termination" provision. Please note that this process will require a review by the PPC with little room for deviation along the way to maintain the proposed schedule. Our initial recommendation is to amend the second Termination section that allows a project to retain its density and require the same use to be redeveloped. For example, a hotel use to new hotel use or condominium to new condominium but not hotel to condominium. The benefit of this alternative is that the new use will generally result in an upgrade of the site improvements such as parking and stormwater management and could result in an upgrade to overall design. Clearwater's Termination provision of the Code is a most unusual zoning code provision and its intent was to facilitate redevelopment. In most cities, the regulations for nonconformities are structured to bring nonconformities into compliance over time with the current zoning regulations. However, in this instance, the provision sought to assist redevelopment in two ways. The first section of the Termination provision allows nonconformities to remain and expand upon approval by the Community Development Board (CDB). An example of this section is the pending application on the Adam's Mark Hotel scheduled for the CDB on April 19, 2005. The Adam's Mark Hotel received severe hurricane damage in 2004 and their nonconforming status limited their ability to repair the structure and would have required the property to come into compliance with the current code. On this site, the provision would have required the elimination of 143 hotel rooms since the existing hotel has 217 rooms and only 74 rooms are allowed under the current Comprehensive Plan and Code. In addition, the existing building is 155 feet in height where the current Tourist district would limit the height to 100 feet. The second section of the Termination provlSlon allows a nonconforming structure which has nonconforming density to be reconstructed on the same site at the same density, upon approval by the CDB. This section has been interpreted to allow the conversion of one type of density for another, i.e., 40 units per acre for hotel is converted to 30 units per acre for condominium use. According to our preliminary research, there are only two approved projects on the Beach that used the Termination provision AND converted from hotel use to condominium. In addition, there is one pending case that is both a termination and conversion: the Sunspree Hotel site. Please find below additional information on each ofthese three projects. . Ramada Inn, Gulfview Boulevard-289 existing hotel rooms converted to 241 hotel rooms and 38 condominiums (South Beach/Clearwater Pass District) . . Clearwater Beach Hotel, Mandalay Boulevard 137 hotel rooms approved to remain as 137 hotel rooms with additional rooms from the density pool, 120 condominium units approved on the south half of the site (Destination Resort District). . Sunspree Hotel, Gulfview Boulevard-210 hotel rooms converted to 149 condominiums (includes 13 units by virtue of TDRs). This case is pending for the April 19. 2005 CDB meeting. (South Beach/Clearwater Pass District) It should be noted that none of the approved projects on Brightwater have used the Termination provision although three sites have used TDRs. The Termination provision was not needed on Brightwater since townhouse development generally does not require the additional density due to its design characteristics. Many of the Brightwater projects have been conversions from hotel use to condominium; however, this conversion is specifically a goal for the redevelopment of Brightwater as stated in Beach By Design. Also, none of the approved projects in the Old Florida District have used the Termination provision although some of these projects were conversions from hotel to condominium use. There is one project pending in Old Florida that is both a conversion and plans to use the Termination provision to gain one additional dwelling unit (15 Avalon Street, pending the April 19, 2005 CDB meeting). The major issue in Old Florida appears to be the design challenges presented by the small and irregular lot configuration coupled with the lack of clear guidance on the redevelopment goals in this district. Although there are not a large number of approved cases on the Beach that have used the Termination provision to convert from hotel use to condominium, it is clear that the current market interest in condominium development is very strong. The Termination provision is a regulatory tool that provides a strong incentive to developers to facilitate the condominium development. The Termination provision could function as an incentive for hotel use since it allows the density to be retained, however, the market conditions at this time make hotel use a less desirable use for the developer. This prOVISIon could establish that only certain uses that are preferred for redevelopment purposes could use this provision. For example, the code could be amended to allow the termination provision to be available only if the new use were hotel development. The section that needs to be revised is Section 6-109 B and a copy is attached. It is recommended that the first Termination provision that merely allows a nonconforming use to remain be retained as this provision does not create the concerns identified by the Council and it is a useful tool to allow certain uses to become conforming. Some additional issues we may want to consider further are as follows: . There are substantially more projects that are conversions from hotel to condominium than there are projects using the Termination clause to facilitate the conversion. . The use of TDRs is a growing trend and the impacts on the different character districts and infrastructure has not been evaluated. . Beach By Design has a general lack of clarity on allowable uses and prohibited uses in each district that results in development that does not necessarily meet the City's overall redevelopment goals. . Beach By Design does not have incentives for some uses that the Council may deem as important to the overall tourist health of the Beach, i.e., small motels. In addition, the Plan does not contain disincentives to discourage the type of development that is not desired. A combination of regulatory incentives and disincentives would likely result in redevelopment that more closely matches the City's goals. . Design Guidelines-current guidelines do not address the different Districts in Beach By Design and different types of development, thus resulting in designs that are believed to be too intense for the site and/or lacking in architecture that is compatible with its surroundings. . Height restrictions- current guidelines allow additional height only if using either the Density Pool or TDRs. Interest has been expressed in allowing additional height under another condition that is if the project proposes increased setbacks that are related to the height. . The redevelopment market will continue to evolve and respond to both market demands and to adapt to City regulatory requirements. Market changes are clearly out of the City's control but a more detailed understanding of development choices will assist the City in developing incentives and disincentives that will implement the city's goals. . Beach By Design did not evaluate alternative development scenarios and evaluate the impact of the alternatives on infrastructure. This analysis of both redevelopment scenarios and their resultant impact is necessary prior to embarking on any major revisions to the Plan. A complete analysis will allow the City to develop a plan that more fully reflects our redevelopment goals and insure that new development can be adequately served by public facilities. With regard to a schedule for the above-described code amendment, the next available CDB meeting for which this amendment can be scheduled is May 17, 2005. This will necessitate a draft ordinance being provided to the PPC for their review no later than Tuesday, April 26. Ifthe Council initiates the code amendment by April 21, 2005, the amendment can meet the advertising deadlines for the May CDB meeting. The proposed ordinance could then be scheduled for first reading at the June 2, 2005 Council meeting and second reading on June 16, 2005. The ordinance must contain transition provisions to address projects that are in the review process prior to adoption of the ordinance. This code amendment can be seen as the first part of the larger evaluation and can be completed in a relatively short time period. I hope this information has provided you with some background on the issue, several alternatives in amending the Code and a longer-term more comprehensive solution of evaluation of the Beach By Design plan. Please let me know if I can be of further assistance. Thank you. cc: Garry Brumback, Assistant City Manager Pam Akin, City Attorney Gina Clayton, Assistant Planning Director ,__n__ ---t~ '. 8. \ There are several projects on the beach in various stages of approval that have used the termination provision. The following is a current listing: Termination of status for non-conformity 1. Clearwater Grande/Quality Inn (655 S. Gulfview) 94 overnight units (conversion expected); 2. Seastone Suites (445 Hamden) 110 overnight units (conversion expected); Termination and Conversion 1. Ambiance (15 Avalon) (aka Panorama on Clearwater Beach) 5 overnight units terminated, converted 2. America's Best Value/Spy Glass/Patel (100 Coronado) 157 overnight units terminated, converted to 75 condo units plus 350 new overnight units 3. Hyatt Clearwater (229 S. Gulfview) 63 overnight units terminated, converted to 18 condo units plus 250 new overnight units 4. Holiday Inn Sunspree (715 S. Gulfview) 210 overnight units converted to 149 condo units 5. Ramada (521 S. Gulfview) 289 overnight units, converted to 38 condos and 241 new overnight units In Process Adams Mark/Radisson (430 S. 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C') o ClO II) C') t- t- en N ~ ]j o I- III Gi '0 :J: ~ ::.:: "C c ClI C/) *~ 8.\ 'Il: E 8 I:t: 00 O>N "'N III .. f "C ~ "C "C > > iDiD -- 3"5 t:)t:) o~ "'0 ~N ~ ~ ~ ClI Z I al ::.:: "C c- Ole C/) "E r::: Ol .9::2 e! Ql .s:: C/) '. t ~ I I I I I I I' I I, I I I I I " I I c?AbIAl/l-rJ~~ _~~/p-oCJ ~" (3;. \ I-I,es., ~&,fJJy~ rjl!Of) ~t)'PrED b / /lolJ A. Permitted access connections in place as the. date of adoption of this development code that do not conform with the standards in Article 3 Division 1 shall be designated as nonconforming access features and shall be brought into compliance with applicable standards under the following conditions: (!) I. When new access connection permits are requested: 2. Substantial enlargements or improvements; 3. Significant change in trip generation; or 4. As roadway improvements allow. B. If the principal activity on a property with nonconforming access features is discontinued for a consecutive period of 180 days, or discontinued for any period of time without the present intention of resuming that activity, then that property must thereafter be brought into conformity with all applicable connection spacing and design requirements, unless otherwise exempted through a level one or level two approval. For uses that are vacant or . discontinued upon the effective date of this development code, the one hundred eighty (180) day period begins on the date of adoption of this development code. Section 6-109. Termination of status as a nonconformity. A. A nonconforming use or structure may be deemed to be in conformity with this development code, and may thereafter be allowed to continue and to expand as a lawfully existing use or structure, if such use or structure is granted level two approval in accordance with the provisions of this section. B. A structure which is nonconforming with respect to density may be reconstructed on the same parcel with the same density provided such reconstruction complies with all other requirements of this Community Development Code. B C. A level two approval shall not be granted to terminate status as a nonconforming use or structure unless the nonconformity is improved according to the following requirements: 1. Perimeter buffers conforming to the requirements of section 3-1202(C) shall be installed. 2. Off-street parking lots shall be improved to meet the landscaping standards established in section 3-1202(0). 3. Any nonconforming sign, outdoor lighting or other accessory structure or accessory use located on the lot shall be terminated, removed or brought into conformity with this development code. Page 6 - 5 , . o~J:J/,jAIf)CE- G67.:s-0~O FI R-S"'- REA)) / ,uo/ 7!;Z 0 IJ.WYJr-~ r3 83 I. Any portable storage unit which is not removed at the end of the time for which it may lawfully remain in place, or immediately upon the direction of a code enforcement officer for removal of such temporary structure for safety reasons, may be removed by the City immediately, without notice, and the cost of such removal, together with the cost of administration of its removal, may be assessed against the property on which the temporary structure was located and may be filed as a lien against such property by the City Clerk G/ * * * * * * * * * * * ~ C. The following temporary uses are permitted without a permit, provided that the standards an~:t criteria of this division are met: . .. ~ Portable storage units for a period not exceeding 98 t:lel:lfS four (4) days no more than four (4) times a year,: on residentially zoned orooerty and thirtY (30) days on non-residentially zoned orooertv no more than four (4) times a year. 1\ stioker st:1alllae anixea ta tt:1e \:JAit iFlEtiGatiAg the sate eR ':tAiOA it is Beliver:aa te tho f:JfeJlefty. One si~A f3ae~, net m9~ tt:taA 12" x 18" iR aFea, chall be peFmittoa eR a flaftalale sterago l:IAit. Tho Feme"/al f:JrB\'isieFlG of Sootion d Section 7. Article 6, Nonconformity Provisions, Section 6-101, Purpose/ Applicability is hereby amended by revising the purpose/applicability provisions as follows: The purpose of this division is to regulate and limit the develooment and continued existence of uses, structures and lots which were lawful on the date of the adootion of this Code. but which would be orohibited, reaulated. or restricted under the terms established herein. 9~g9ti'le sate 9f this sO'JolopmoRt. coao that so Rot 60FlfoFFFl to this oese. \\lAile Fl9FlGeAfermities may oORtinl:le, the pro'Jicians of this artielo BFa aosigAo9 ta eFlG9I:Jrago tho iFFlflrBVOment or- olimiRatieFl of AOAGoFlformitias iA 0F99r to Better aSAieve the I3l::JrJi)esec of this' dovolopment egge. While nonconformities may continue. it is the intent of this develooment code to brine nonconformina orooerties into comoliance with the provisions of this code in coniunction with a change of use. redevelopment. or any other chanae of condition of the orooertv in order to eliminate the nonconformity or to brine the nonconformity as practical as oossible to a conformine status. rticle 7, Enforcement Proceedings and Penalties, Section 7- 102(A)(2), Municipal Code Enforcement Board/special Master Hearing Procedures, Notification of violations is hereby amended by revising nuisance cases procedures as follows: 7 Ordinance No. 6573-00 . . CC>MMISS/~Al /Y!tAfvrES 7?B/c:>B - - racks after sufficient notice is given to the owner and it is not removed. The motion w carried unanimously. @ de Nonconforming Purpose Provisions Commissioner Johnson moved to clarifY that structures, uses, and lots that were lawful on the date of the adoption of the code, but not under the new Code, are considered nonconforming and that the i!!.tent of the Code is to brin nonconforming properties into com liance through a chan e of use, redevelopment, or other change of condition. The motion was ul seconded and carried unanimously. Reduction in time given to correct nuisance violation Commissioner Hooper moved to reduce the required compliance time to correct a nuisance violation from ten days to five days. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6573-00 for first reading and read it by title only, deleting Section 2, 3, and 11. Commissioner Clark moved to pass Ordinance #6573-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. Public Hearing - Second Reading Ordinances ITEM #12 - Ord. #6552-00 - Vacating 40' r-o-w of Bay Avenue, lying N of Pin ell as St. & S of north r-o- w line extended of Sadler St. together with 40' r-o-w of Sadler St., lying E of Bay Ave. & W of Reynolds Ave., subject to retaining a drainage & utility easement over Bay Ave. (Morton Plant Mease Health Care, VOO-07) AND ITEM #13 - Ord. #6567-00 - Amending Operating Budget for Fiscal Year ending 9/30/00 AND ITEM #14 - Ord. #6568-00 - Amending Capital hnprovement Program Report and Budget for Fiscal Year ending 9/30/00 The City Attorney reported the second reading of these ordinances must be continued due to the newspaper failing to run the necessary advertising. Commissioner Johnson moved to continue the second readings of Ordinances #6552-00, #6567-00, and #6568-00 to August 3, 2000. The motion was duly seconded and carried unanimously. CITY MANAGER REPORTS 101' , ~""8ter u~ City Council Cover Memorandum Tracking Number: 1,335 Actual Date: 06/02/2005 Subject / Recommendation: Continue adoption of Ordinance 7397-05 annexing certain real property whose post office address is 3070 Gulf-to-Bay Blvd to the Council meeting of July 21, 2005. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 05/08/2005 OS/22/2005 Financial Information: Review Approval Pam Akin 05-12-2005 11:36:56 Cvndie Goudeau 06-02-2005 11: 39: 52 ~A ORDINANCE NO. 7397-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY CONSISTING OF AN UNNAMED RIGHT-OF-WAY 16 FEET IN WIDTH AND 300 FEET IN LENGTH ADJACENT TO THE NORTH EDGE OF PROPERTY LOCATED AT 3070 GULF-TO-BAY BOULEVARD, AT THE NORTHERN TERMINUS OF BAY STREET AND APPROXIMATELY 170 FEET WEST OF MCMULLEN BOOTH ROAD, CONSISTING OF A PARCEL OF LAND LYING BETWEEN LOTS 1-6 AND LOTS 18-23, BLOCK 3, SA YVIEW TERRACE, WHOSE POST OFFICE ADDRESS IS 3070 GULF-TO-BAY BOULEVARD, 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. (ANX2004-12020) 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 ~escribed 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 Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7397-05 8 1,0 10 9 8 6 -I 1 111 I 1 J LJ 130 ~' Q) g " I --, LrJ .... 0< :c!: ::1)7 ~ -, ~, lil .., ::1)9 I ' 1 ~ I ' J I el - "5 6 :5 :-"1",\ :li9 1 1 ~ 8 0 ---, 7 Q 10 9 ~ ~ (~ <0 g :!!E I,,_.J g 323 4 5 CAROLINA AVE. ~ 407 '" lil I- e" 5 6 2 'l 4 5 .... -1 CI) >- L 8 7 ",11 10 9 I ~ 8 71 6 I I Q) C'\I"l:t <0 CO ~ ,- ~ lil'" "'''' I- I _ L_ " I lillillil Applicant: City of Clearwater Cl g 6 23 , 18., ~ ~ r---I r--' ! 213/ ~2051 0 I .. I 211~ 0 I ' ::1)0 ,1207 " ~ I IX! IJ , I I, L_~1 ~ L__l 9 UJ .., 5 ~ ::e 1--' c' 3311, r--' I 343 I I I ~ I . I I 1 I , 1 \ 34f~ 1 33~ ....__J ~__I o ~ lil ,---I g I~I 1<'>1 J ~ I ~ , -I ,- l;j lil GULF- TO-SA Y SL VD r--- Annexation Map Case: ANX2004-12020 Unnamed right-of-way 16 feet in width and Site: 300 feet in length site, located along the north side of 3070 Gulf to Bay Boulevard From: Land Use N/ A (County) To: CG Cit R-O-W Size (Acres) : 0.11 Zoning N/ A (County) PIN: 16-29-16-00000-230-0200 C Cit Atlas Page: 292A ~~ o.~ City Council _@@,~gend~"",,~,Qyer Me~Q,~~!!,,~@!Jm Tracking Number: 1,336 Actual Date: 06/02/2005 Subject / Recommendation: Continue adoption of Ordinance 7399-05, amending the zoning atlas of the city by zoning certain real property whose post office address is 3070 Gulf-to-Bay Blvd. to the Council meeting of July 21, 2005. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 05/08/2005 OS/22/2005 Financial Information: Review APproval Pam Akin 05-12-2005 13:55:37 Cvndie Goudeau 06-02-2005 11:55:53 IO~d ~'b ORDINANCE NO. 7399-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY CONSISTING OF AN UNNAMED RIGHT-OF-WAY 16 FEET IN WIDTH AND 300 FEET IN LENGTH ADJACENT TO THE NORTH EDGE OF PROPERTY LOCATED AT 3070 GULF-TO-BAY BOULEVARD, AT THE NORTHERN TERMINUS OF BAY STREET AND APPROXIMATELY 170 FEET WEST OF MCMULLEN BOOTH ROAD, CONSISTING OF A PARCEL OF LAND LYING BETWEEN LOTS 1-6 AND LOTS 18- 23, BLOCK 3, BAYVIEW LOCATED 3070 GULF-TO-BAY BOULEVARD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS COMMERCIAL (C); 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. (ANX2004-12020) Zonina District Commercial (C) 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. 7397-05. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7399-05 If 0 ~ oo^~ h- 8 10 9 8 7 6 11 P' ,.> I I ''''-v) 1 ,I' ~ , J U 130 I~ .....\."\ ......., ...., }r--, / g / v, \ t' , v, , l~ " : 7i/J1~ --, LrJ 1 -12i 0 lell :2: o 'co 201 r-_J ~ ?= LIJ .,J 1 2 3 4 5 1 2 3 4 5 6 7 rTl' _1l .,J 1- --, ~ 1 -jno 1 ;:) I , ~ 225 I i j ~ I 10 1 -- 8L j , 1-' ::e 9r 6 23 22 21 20 19 18 17 lll... .1!b I - f-- - r .., I_.J - - - 227 ~ ~--I r--' 1 213,' ~ ~2051 I , I;j :i!: IJ;; ~j )1/ I . 1 21f,J ~ ~, 0 I - -, lil .,J 300 ,1207,1 C I I I 0 IJ , I I I ~ CQ I 1, l_~1 I ,I J L__I - "5 6 ::s ,--11 :fJ9 3 4 5 7 8 9 ~ I , ~ - I I ~ .,J 8 0 L~_J ~I 21 20 19 18 ~ I --, 7 Q 10 9 8 -'7 6 23 22 ~ ~- --- --- 4=-, I ~ co ~ (~ co 0 ' /~ L +- -1 g ::e I'L_J g g 11 , g 323 f;;l, r--' -- ~ ~ .V - - .- M' '34~, I I L__J , 33P ~)? ....0) ~~~ ~ 407 I I \ '" ...__J ,-__I lil ,- -- 1--- ," 0 6 1 2 'l 4 5 to- 5 ~ -, CI) ["""---I I ).. ~C 8 7 ",11 10 ~ i ~ 12 C '" g L 9 8 71 6 lil co I I co "'''' coco ~ ,_ lil ~ lil'" ~~ ~ I~I ~ I I _ <'1 __ , I '----,'i'l --- 1<'11 I , '-- - GULF- TO-SA Y SL VD , ~ -~NI I--- OSR ( r- Zoning Map Applicant: City of Clearwater Case: ANX2004-12020 Unnamed right-of-way 16 feet in width and Site: 300 feet in length site, located along the R-O-W Size 0.11 north side of 3070 Gulf to Bay Boulevard (Acres): Land Use Zoning PIN: 16-29-16-00000-230-0200 From: N/A (County) N/ A (County) To: CG (City) C (City) Atlas Page: 292A ~~ u~ City Council Cover Memorandum Tracking Number: 1,337 Actual Date: 06/02/2005 Subject / Recommendation: Continue adoption of Ordinance 7398-05, amending the future land use plan element of the comprehensive plan of the city, to designate the land use for certain real property whose post office address is 3070 Gulf-to-Bay Blvd. to the Council meeting of July 21, 2005. Originating: City Attorney Section Second Readings - publiC hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 05/08/2005 OS/22/2005 Financial Information: Review Approval Pam Akin 05-12-2005 13:56:34 Cvndie Goudeau 06-02-2005 11 :58:03 \0.3 If'> ~ ORDINANCE NO. 7398-05 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 CONSISTING OF AN UNNAMED RIGHT-OF-WAY 16 FEET IN WIDTH AND 300 FEET IN LENGTH ADJACENT TO THE NORTH EDGE OF PROPERTY LOCATED AT 3070 GULF-TO-BAY BOULEVARD, AT THE NORTHERN TERMINUS OF BAY STREET AND APPROXIMATELY 170 FEET WEST OF MCMULLEN BOOTH ROAD, CONSISTING OF A PARCEL OF LAND LYING BETWEEN LOTS 1-6 AND LOTS 18-23, BLOCK 3, BAYVIEW TERRACE, WHOSE POST OFFICE ADDRESS IS 3070 GULF-TO-BAY BOULEVARD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS COMMERCIAL GENERAL PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY 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. (ANX2004-12020) Land Use CateQorv Commercial General 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. 7397-05. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Frank V. Hibbard Mayor Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7398-05 110 10 9 8 7 6 -I '" ~ " 1 --, LrJ ~_ 8 7 I, <Xl J -I ~ 2 4 23 22 21 20 300 ~ "---1 i: r--" I 2131 o:!20s1 I , 0 I , : 211~ 0 I ' "207,1 L 1 (Q ,J , 1 I, L_~1 ;!: L__I LU -.J 5 ~ :&E ,--, c' 33ll, r--" 1 343 1 1 1 ~ 1 - 1 1 1 1 , 1 ~ 34;~ 1 331j ....__J L__I C!: 307 -.J 3O9 ~ -"11 :fJg ~ I ~ 0 L__J Q 10 9 ~ '... 1 1 :=e '3"23 CAROLINA AVE. 9 23 - " r' I 1 I lC'G o 407 ["'- -- 2 [i 4 -I s 1~ ~~ 9 ~ ~ ~~ !il ... lI) >- ~ 6 ~ ,- ,J- ;>: 1 0; 1 -1 ,- ~ '" !il ~ GULF- TO-SA Y BL VD RIDS r- '" ~ Future Land Use Map Applicant: City of Clearwater Case: ANX2004-12020 Unnamed right-of-way 16 feet in width and Site: 300 feet in length site, located along the R-O-W Size 0.11 north side of 3070 Gulf to Bay Boulevard (Acres) : Land Use Zoning PIN: 16-29-16-00000-230-0200 From: N/ A (County) N/ A (County) To: CG Cit C Cit Atlas Page: 292A r City Council ~~~",,,,~g,~,!1da ~,,!:!~r ~e!!!!;!,r!,!!.~ u m CA-.J...( 10. t.../ ~~ Cl~ Tracking Number: 1,338 Actual Date: 06/02/2005 Subject / Recommendation: Adopt Ordinance 7410-05 on second reading, annexing certain real property whose post office address is 1600 Pine Place, into the corporate limits of the city, and redefining the boundary lines of the city to include said addition. Originating: City Attorney Section Second Readings - publiC hearing Category: Second Reading Public Hearinq: Yes Advertised Dates: 05/08/2005 OS/22/2005 Financial Information: Review Approval Pam Akin 05-12-2005 13:57: 11 Cvndie Goudeau 05-18-2005 08: 19:28 ORDINANCE NO. 7410-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE WESTERN TERMINUS OF PINE PLACE, CONSISTING OF A PORTION OF METES AND BOUNDS 12/07 IN SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 1600 PINE PLACE, 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. (ANX2004-12022) 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 Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7410-05 Legal Description for ANX2004-12022 A part of the northwest quarter of the northeast quarter of Section 2, Township 29 South, Range 15 East, and described as follows: From the north X corner of Section 2, thence S.00003'08''E. along the north-south centerline of said Section 2, 513.85 feet to the Point of Beginning: Thence S.89011'34"E., parallel to the north line of said Section 2, 128.74 feet; thence S01038'48"W., 126.15 feet, thence N.890 11 '34"W., parallel to the north line of said Section 2, 125.00 feet; thence N.00003'08''W., along said north-south centerline, 126.15 feet, to the point of beginning. Containing 0.368 acres. Subject to a drainage and utility easement recorded in DR 4682, Page 1190. Ordinance No. 7410-05 , 1 :?9~1 I 31 L J ~ '" -, ;-__1 1 : ~ 1 1 1 1 1 1 1 1 1 1 , 1 I 1 I 1 1____' ....--~ ,..........J l,...... I ' ....J J .... 1 j-----\.r-\.r'\J-.... lv-A I I I ....'" "'......... .... L _.JI; .... \ 1. r.... L/-------- \" \ I 1 , (I I r I \ \,....) [~_~~~~~=] 'V.... - 45 ~lI8 ~4i'>.-l 48 , -~ 1 1 r---' I '1 ,_.J-J-., 552050 1 1 1 <d I ' 1 1 l___~ I r-to') , t ~_J ~ L_I ~ _,--...1 ~ I L ~ ~ 120 '--r ~_J21-l-1 [ 1 1 1 Lo_",__J I___..J'\-- WINDSOR DR - lL) ~ r-..I.....--, ~-l.. r-......~ ~ r---- <0 I ~ --I l1!_t - C6 J - !...~__J i 14 ~J -__I 1.J I-~' : 13'" --~ 164'i'j r--..~ Q) I--"-m ~~~rl 1--"..... L__J III ~ 24 '"23L1 ~-\ Annexation Map Owner Mr. & Mrs. Jon Morris Case: ANX2004- 12022 Site: 1600 Pine Place Property 0.368 Size (Acres): Land Use Zoning PIN: 02/29/15/00000/120/0700 From: RU (County) R-R (County) To: RU (City) LMDR (City) Atlas Page: 252B ~~ u~ City Council Cover Memorandum CA-5 10.5 Tracking Number: 1,339 Actual Date: 06/02/2005 Subject I Recommendation: Adopt Ordinance 7411-05 on second reading, amending the future land use plan element of the comprehensive plan of the city to designate the land use for certain real property whose post office address is 1600 Pine Place, upon annexation into the City of Clearwater, as Residential Urban. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 05/08/2005 OS/22/2005 Financial Information: Review Approval Pam Akin 05-12-2005 13:57:46 Cvndie Goudeau 05-18-2005 08:20:45 ORDINANCE NO. 7411-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA. AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED AT THE WESTERN TERMINUS OF PINE PLACE, CONSISTING OF A PORTION OF METES AND BOUNDS 12/07 IN SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 1600 PINE PLACE, 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. (ANX2004-12022) 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. 7410-05. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7411-05 Legal Description for ANX2004-12022 A part of the northwest quarter of the northeast quarter of Section 2, Township 29 South, Range 15 East, and described as follows: From the north ~ corner of Section 2, thence S.00003'08''E. along the north-south centerline of said Section 2, 513.85 feet to the Point of Beginning: Thence S.89011 '34"E., parallel to the north line of said Section 2, 128.74 feet; thence S01038'48"W., 126.15 feet, thence N.89011'34"W., parallel to the north line of said Section 2, 125.00 feet; thence N.00003'08''W., along said north-south centerline, 126.15 feet, to the point of beginning. Containing 0.368 acres. Subject to a drainage and utility easement recorded in DR 4682, Page 1190. Ordinance No.7 411-05 518 ~ 19 ..,1---1 I I I r --l....,~~3 34 <> <0 3S--1 '-I ill <0 _I I LJ ~ 1:..r-_1 : ~5 :1021 f"2C'17 I ~6 L_J r-~ L_J 37 '" :1. ~ L_s\; 18 '" ~- f6 r-..r-'--I ~ L__I ~ Ll?__J i 14 ~_i 1 J r-....' : 13'" --" 16451 0) :g r-I -""' rD ~ I__""~ \~ I---'f 1 ~-I 1- ~ ~~~rl [> ". 1 I 1 1 L__J I I L r- ?t-J I~ J J ~~.J 24 l"23LJ !:~_J Future Land Use Map Owner Mr. & Mrs. Jon Morris Case: ANX2004-12022 Site: 1600 Pine Place Property 0.368 Size (Acres): Land Use Zoning PIN: 02/29/15100000/12010700 From: RU (County) R-R (County) To: RU (City) LMDR (City) Atlas Page: 252B City Council ~~.._~gend~",,~over=,~!_I!I~.randum C-A-b 10.6 Tracking Number: 1,340 Actual Date: 06/02/2005 Subject / Recommendation: Adopt Ordinance 7412-05 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 1600 Pine Place, upon annexation into the City of Clearwater, as low medium density residential (LMDR). Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 05/08/2005 OS/22/2005 Financial Information: Review Approval Pam Akin 05-12-2005 13:58:23 Cvndie Goudeau 05-18-2005 08:21:48 ORDINANCE NO. 7412-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED AT THE WESTERN TERMINUS OF PINE PLACE, CONSISTING OF A PORTION OF METES AND BOUNDS 12/07 IN SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 1600 PINE PLACE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property See legal description attached hereto. (ANX2004-12022) Zoninq District Low Medium Density Residential (LMDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7410-05. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7412-05 Legal Description for ANX2004-12022 A part of the northwest quarter of the northeast quarter of Section 2, Township 29 South, Range 15 East, and described as follows: From the north ~ corner of Section 2, thence S.00003'08''E. along the north-south centerline of said Section 2, 513.85 feet to the Point of Beginning: Thence S.89011'34"E., parallel to the north line of said Section 2, 128.74 feet; thence S01038'48"W., 126.15 feet, thence N.890 11 '34"W., parallel to the north line of said Section 2, 125.00 feet; thence N.00003'08''W., along said north-south centerline, 126.15 feet, to the point of beginning. Containing 0.368 acres. Subject to a drainage and utility easement recorded in DR 4682, Page 1190. Ordinance No. 7412-05 1 518 ~ ~ IL ~ 37 L_s\> I ~5 3021 j2tI17 1 ~6 L_J .--~ L_J I, ~7 LJ 34 <:> '" 31)-1 r-I ~ Ctl _I I LJ ~ t.r-.J 2001 l:;jg-"J I _I I 1 _ __J ~..../" -~ \ \"21r.... ,....~ 0) I--"~ ;9-J""""j 1---..... r L__J III f 1"-- 24 l"23LJ ~t--J L.21, I Zoning Map Owner Mr. & Mrs. Jon Morris Case: ANX2004-12022 Site: 1600 Pine Place Property 0.368 Size (Acres): Land Use Zoning PIN: 02/29/15100000/12010700 From: RU (County) R-R (County) To: RU (City) LMDR (City) Atlas Page: 252B ~~ u~ City Council CR-r \0.1- Cover Memorandum Tracking Number: 1,341 Actual Date: 06/02/2005 Subject I Recommendation: Adopt Ordinance 7417-05 on second reading, annexing certain real property whose post office address is 2201 Arlington Place, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 05/08/2005 OS/22/2005 Financial Information: Review Approval Pam Akin 05-12-2005 13:59:02 Cvndie Goudeau 05-18-2005 08:46:59 ORDINANCE NO. 7417-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF NORTH BELCHER ROAD AND ARLINGTON PLACE, CONSISTING OF LOT 1, BLOCK B, PALMETTO TERRACE, WHOSE POST OFFICE ADDRESS IS 2201 ARLINGTON PLACE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 1, Block B, Palmetto Terrace, as recorded in Plat Book 39, Page 75, Public Records of Pinellas County, Florida (ANX2005-01 001) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City 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 Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7417-05 , I I , I , I I 1 I ,______________J I, I I 1 I I I" I I 1 I I I I I 1 1 I I 1 I I______----------------~ 101 <Xl ~ '" PALMETTO ST :g 1\i 90 1""---1 1 r" I ~ I I 1 L, C___I r---l 90 I - I I ~~___I 1-- ,.1__1 L__, I -- , I I I-.J 1__, I I I L___J 1-----1 I 1 80 I 1 1_____1 ,-----, 1-----, I I L____.J ,------1 I I 1 1 --1 i r' LI I I I 1 I I I I L_.;----L__J 1-, I I I I U 1-----74 I 1 :2: 1XI l!! 00 :t ~ :0 t:J c c '---I 11 .I--~ 1--'""" I I L I ____.I ""'..._.1- ~1.1 J r--4 r-~ I '[--: L-,_r' l.._,_: 9I1L, _J-L_ l__~ _I I: J' 1 '1----;1 II -r-J '1--1-] I I -- >I I _~ c'l Il:l 01 I___J L_~ I__J ~ L_,_~ ~-'-.l:l ~-,_~ ,--, 1""1"" \ .-r '\, I I 1'1 rrJ _, I ...._.J- Annexation Map Owner Ms. Elizabeth McDonough Site: 2201 Arlington Place Land Use Zoning From: RU (County) R-3 (County) To: RU (City) LMDR (City) Case: Property Size (Acres ANX2005-01001 0.17 PIN: 07-29-16-65898-002-0010 Atlas Page: 281A !SR - - ~: :-~ ....... . ~ ...... . ....... --- -<< - _J__ ......... !L.-_ .---' -- ,.. m- I!I -- e.,...-- ZanngAU. 284A ~~ u~ City Council l4gen~,!,,,,~over M_~_I!l()r~ nd u n:'Lmm..".'.."._.".m."..'." , C-A-8) 10.8 Tracking Number: 1,342 Actual Date: 06/02/2005 Subject / Recommendation: Adopt Ordinance 7418-05 on second reading, amending the future land use plan element of the comprehensive plan of the city, to designate the land use for certain real property whose post office address is 2201 Arlington Place, upon annexation into the City of Clearwater, as Residential Urban. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 05/08/2005 OS/22/2005 Financial Information: Review Approval Pam Akin 05-12-2005 13:59:34 Cvndie Goudeau 05-18-2005 08:48: 10 ORDINANCE NO. 7418-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF NORTH BELCHER ROAD AND ARLINGTON PLACE, CONSISTING OF LOT 1, BLOCK B, PALMETTO TERRACE, WHOSE POST OFFICE ADDRESS IS 2201 ARLINGTON PLACE, 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 Lot 1, Block B, Palmetto Terrace, as recorded in Plat Book 39, Page 75, Public Records of Pinellas County, Florida (ANX2005-01 001) 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. 7417-05. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Frank V. Hibbard Mayor Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7418-05 I I I I I I I I I I ,______________J I, I I I I I ~ ! IL! I I I I I I I I l______________________~ PALMETTO ST "'---1 I r" I ~ I I 1 L, C__J" r---, I ~ I I ~____I 1-- ,.,__1 L--l 'L_,R/ijG I I l___J INS , I I I 1_____11"-----, 1-----1 I I I_____.J 1---1 I I I I I 1 I I l__.J 1----1 I I L_____I 1------1 I I I I 1--11 r U I I I I I I I I L_-,---L__J I-- I I I I I I _.J - l, I I ______.1 ~ I I I I I -~ ~ OJ In o :r: ~ ::0 tl r---I 1-'"""-1 ...----: I ~ ____oJ "1._-1-' L__" r--, I I l-Lrl ,__, ~J-L_ 1 _I I: I' ~--l ,-----, I I __ I I ~J I I '-__J l_..... '-_J 1..-'__1 INS ,--, rr \ ....r "1, I I 1'1 rrJ _~ I ,-_,J- Future Land Use Map Owner Ms. Elizabeth McDonough Site: 2201 Arlington Place Land Use Zoning From: RU (County) R-3 (County) To: RU (City) LMDR (City) Case: Property Size (Acres): A NX2005-0 1001 0.17 PIN: 07-29-16-65898-002-0010 Atlas Page: 281A - - t~ ~ --,- I,t:a- ,-1~.' ~- .~ ....... . c............ Ea..... . ...... Q_lf1 @ s --- ""-- --- - CJ- I!I -- e ...--- ZDnngAu.i 264A C-A- -q City Council D.C) " Ag,~,~da _~,~~er M~!!,~!a n,d ~,!!!..,..<_~"~,_~""..,,.,,_,=,,_ Tracking Number: 1,343 Actual Date: 06/02/2005 Subject I Recommendation: Adopt Ordinance 7419-05 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 2201 Arlington Place, upon annexation into the City of Clearwater, as low medium density residential (LMDR). Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 05/08/2005 OS/22/2005 Financial Information: Review Approval Pam Akin 05-12-2005 14:00:30 Cvndie Goudeau 05-18-2005 08:50:46 ORDINANCE NO. 7419-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF NORTH BELCHER ROAD AND ARLINGTON PLACE, CONSISTING OF LOT 1, BLOCK B, PALMETTO TERRACE, WHOSE POST OFFICE ADDRESS IS 2201 ARLINGTON PLACE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR}; PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot 1, Block B, Palmetto Terrace, as recorded in Plat Book 39, Page 75, Public Records of Pinellas County, Florida (ANX2005-01 001) Zoninq District Low Medium Density Residential (LMDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7417-05. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7419-05 I I I I I I I I I I I--------------J I, I I I I I ~ I I ! IRTi I I I I I I I______----------------~ I ,------1 I I I I --II I II r - I I I 1 I I I L_I'"---L__ '" ~ '" 12 1;; r---I 1 r" 1 ~ I I J L, L___I- 1-- ...__, L__, I 1f) , 1 1 I " 1--, 1 I I I___J ,----, I I 80 I I 1-----1 ,-----1 1-----1 I I 1_____" 1---1 I ) I I 1 , 1 I I__.J 1----""1 l Jao l, I I r- I I I I I I _.J J-----7~ I 1 /----- I I 1 1 1 __J C Owner Ms. Elizabeth McDonough Site: 2201 Arlington Place Land Use From: To: RU (County) RU (City) 101 90 c c r---, ....-R ..I--~ I 1 1- I J L., I ____J ......._-1 i1j J r-~ ~~ I I [-- I L-l_rl L_,_..r 9(11--1 ...._r-L.... 1__.., ..._r--, -.J--' _I I: ~, 1 'I---~ II ,..J 11- ul I I -- >l I ~ c'I "l '" I___J L_~ I--......~ .-'-.$l .-L~ .-,_~ I I-, ,.r- \ ....r '\., I I 1'1 rrJ _, I I..._.J- Zoning Map Case: Property Size (Acres): ANX2005-0 1001 0.17 Zoning PIN: 07-29-16-65898-002-0010 R-3 (County) LMDR (City) Atlas Page: 281A .. '. - - L& ...,......, --.... L~ ,.;~_. .~ .. .......... ..:: . ....... . c.......... . c..... . ...... [--: ] i_i'l!l'''-''*''' 0-. (;) S --- .....- ...- .. ID- I!I -- e.lt~ lDnngAU. 264A ~~ Cl~ QA- - 0 City Council 10,10 _~~,""~,jJen~!!",,,,~,over Memora ~,,!:!,,!!!,,""""""'_=""""'=_,_"""""""',w"'""'",,,,,,,,,,",",,,,,_W',",,_ Tracking Number: 1,344 Actual Date: 06/02/2005 Subject I Recommendation: Adopt Ordinance 7442-05 on second reading, vacating the north 254 feet of Lawson Road beginning at the southwest corner of Lot 10, Blackburn Subdivision. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 05/08/2005 OS/22/2005 Financial Information: Review Aooroval Pam Akin 05-12-2005 14:04:03 Cvndie Goudeau 05-18-2005 08:56:58 (;I )" ~ c~ -10 ORDINANCE NO. 7442-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING, THE NORTH 254 FEET OF LAWSON ROAD, BEGINNING AT THE SOUTHWEST CORNER OF LOT 10, BLACKBURN SUBDIVISION; PROVIDING AN EFFECTIVE DATE. WHEREAS, Equity Investments, LLC, owner of real property located in the City of Clearwater, has requested that the City vacate Lawson Road 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 north 254 feet of Lawson Road, more particularly described as beginning at the Southwest corner of Lot 10, Blackburn Subdivision, as recorded in Plat Book 24, Page 62, Public Records of Pinellas County, proceed thence N89046'13" W 60.01 feet, thence N01002'38" E 254 feet, thence S89046'13" E 60.01 feet, thence S01 002'38" W 254 feet to the Point of Beginning 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. 7442-05 1--- PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Bryan D. Ruff Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 7442-05 ~.~ u~ AJJel!~a Cover Memorandum __"""',,,"'== ,.""""",,,,,,,_, ~~"..".._m"='_~~ City Council CR-I\ 10. ~l Tracking Number: 1,345 Actual Date: 06/02/2005 Subject / Recommendation: Adopt Ordinance 7443-05 on second reading, vacating the 60-foot right-of-way of "B" Street from the west right-of-way line of South Fort Harrison Avenue to the southerly etenstion of the east property line of Lot 6, Block 25, Map of Belleair, less and except the south 30 feet of the west n.ine feet thereof, subject to a drainage and utility easement whichi is retained over the full width thereof. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 05/08/2005 OS/22/2005 Financial Information: Review Approval Pam Akin 05-12-2005 14:04:45 Cvndie Goudeau 05-18-2005 08:56:00 ~ r:1 cJ4. ' ~, ORDINANCE NO. 7443-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE 60-FOOT RIGHT-OF-WAY OF "B" STREET FROM THE WEST RIGHT -OF-WAY LINE OF SOUTH FORT HARRISON AVENUE TO THE SOUTHERLY EXTENSION OF THE EAST PROPERTY LINE OF LOT 6, BLOCK 25, MAP OF BELLEAIR, LESS AND EXCEPT THE SOUTH 30 FEET OF THE WEST NINE FEET THEREOF, SUBJECT TO A DRAINAGE AND UTILITY EASEMENT WHICH IS RETAINED OVER THE FULL WIDTH THEREOF; PROVIDING AN EFFECTIVE DATE. WHEREAS, ETNA Investments, LLC, 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: The 60-foot right-of-way of "B" Street from the west right-of-way line of South Fort Harrison Avenue to the southerly extension of the east property line of Lot 6, Block 25, Map of Belleair, as recorded in Plat Book 1, Page 105, Official Records of Hillsborough county, Florida of which Pinellas County was formerly a part, less and except the south 30 feet of the west 9 feet thereof 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. 7443-05 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Bryan D. Ruff Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 7443-05 City Council R_==",,,~gen d~'m,~,!?veI M e~,!?ran,!:!,!!,'!!!'.'m'..'..,'_='.,..=m. CA- - J~ to ~ J d Tracking Number: 1,346 Actual Date: 06/02/2005 Subject / Recommendation: Adopt Ordinance 7420-05 on second reading, annexing certain real property whose post office address is 1724 Thomas Drive, into the corporate limits of the city, and redefining the boundary lines of the city to include said addition. Originating: City Attorney Section Second Readings - publiC hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 05/08/2005 OS/22/2005 Financial Information: Review Approval Pam Akin 05-12-2005 14:05:21 Cvndie Goudeau 05-18-2005 08:52:48 ;y ~ ORDINANCE NO. 7420-05 Q\~Cr c.. AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 440 FEET NORTH OF THE NORTHWEST CORNER OF S.R. 590 AND THOMAS DRIVE, CONSISTING OF LOT 7, BLOCK 5, VIRGINIA GROVE TERRACE SECOND ADDITION, WHOSE POST OFFICE ADDRESS IS 1724 THOMAS DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 7, Block 5, according to the plat of Virginia Grove Terrace Second Addition, recorded in Plat Book 37, Page 73, Public Records of Pinellas County, Florida (ANX2005-01002) 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 Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7420-05 '" __,160 ~ II L_ L--L.JJ [" 1 rJ I L_ -I ;--j60 Proposed Annexation Owner West Bay Development Corp. Site: From: To: Case: ANX2005-01002 1724 Thomas Dr. 0.193 Land Use Zoning PIN: 05-29-16-94356-005-0070 RL (County) R-3 (County) RL (City) LMDR (City) Atlas Page: 264A ate! City Council "=".,,,~g,!!!!:Ia ~~~,~,~!~,~,~!!!,~.~~,,~,!:Iu m CA - l3 10. t3 Tracking Number: 1,347 Actual Date: 06/02/2005 Subject / Recommendation: Adopt Ordinance 7421-05 on second reading, amending the future land use plan element of the comprehensive plan of the city to designate the land use for certain real property whose post office address is 1724 Thomas Drive, upon annexation into the City of Clearwater, as Residential Low. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 05/08/2005 OS/22/2005 Financial Information: Review Approval Pam Akin 05-11-2005 11 :53:57 Cvndie Goudeau 05-18-2005 08:54:55 ~'"1 \::::JV/;:'" ORDINANCE NO. 7421-05 C-~ '\. '7 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 APPROXIMATELY 440 FEET NORTH OF THE NORTHWEST CORNER OF S.R. 590 AND THOMAS DRIVE, CONSISTING OF LOT 7, BLOCK 5, VIRGINIA GROVE TERRACE SECOND ADDITION, WHOSE POST OFFICE ADDRESS IS 1724 THOMAS 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 COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Lot 7, Block 5, according to the plat of Virginia Grove Terrace Second Addition, recorded in Plat Book 37, Page 73, Public Records of Pinellas County, Florida (ANX2005-01002) Land Use Cateaorv Residential Low 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. 7420-05. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7421-05 ill 1-1 160 l\l 1 L_ L__L-!J RQ '- -I r--~6 1 J Future Land Use Map Site: 1724 Thomas Dr. Case: Property Size (Acres): ANX2005-0 1002 Owner West Bay Development Corp. 0.193 Land Use Zoning PIN: 05-29-16-94356-005-0070 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 264A ~~ u~ City Council Cover Memorandum C A- - l~ IG.l<./ Tracking Number: 1,348 Actual Date: 06/02/2005 Subject / Recommendation: Adopt Ordinance 7422-05 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 1724 Thomas Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearina: Yes Advertised Dates: 05/08/2005 OS/22/2005 Financial Information: Review Approval Pam Akin 05-11-2005 11 :56:03 Cvndie Goudeau 05-18-2005 08: 53: 55 >- " ~~ ORDINANCE NO.7 422-05 ~.~ ~ \'-\ AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 440 FEET NORTH OF THE NORTHWEST CORNER OF S.R. 590 AND THOMAS DRIVE, CONSISTING OF LOT 7, BLOCK 5, VIRGINIA GROVE TERRACE SECOND ADDITION, WHOSE POST OFFICE ADDRESS IS 1724 THOMAS DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Propertv Lot 7, Block 5, according to the plat of Virginia Grove Terrace Second Addition, recorded in Plat Book 37, Page 73, Public Records of Pinellas County, Florida (ANX2005-01002) 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. 7420-05. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7422-05 ~ ~ 1 1 I rJ I L -I r--~60 1 J Zoning Map Owner West Bay Development Corp. Case: ANX2005-0 1002 Site: 1724 Thomas Dr. Property 0.193 Size (Acres): Land Use Zoning PIN: 05-29-16-94356-005-0070 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 264A ~~ u.~ ~,."...".,,,lYl~I!fla c~y~r Me!!!~<~!!,!!,~"~.~,,,..,,_, City Council eft - \5 (0,15 Tracking Number: 1,334 Actual Date: 06/02/2005 Subject / Recommendation: Adopt Ordinance 7389-05 on second reading, amending Appendix A, Article XI, Park, Beaches, Recreation, to increase certain fees for use of facilities by nonresidents and to establish formulas for charging nonresident fees. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearinq: Yes Advertised Dates: 05/08/2005 OS/22/2005 Financial Information: Review Approval Pam Akin 05-12-2005 11:36:20 Cvndie Goudeau 05-20-2005 12:58:20 I L ORDINANCE NO. 7389-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE SCHEDULE OF FEES, RATES AND CHARGES, AMENDING APPENDIX A, ARTICLE XI, PARKS, BEACHES, RECREATION, TO INCREASE CERTAIN FEES FOR USE OF FACILITIES BY NONRESIDENTS AND TO ESTABLISH FORMULAS FOR CHARGING NONRESIDENT FEES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater provides recreational facilities and programs for the residents and taxpayers of the City; and WHEREAS, the City Council has determined that users of City recreational facilities and programs who are not City taxpayers should pay a reasonable sum for the use of such facilities and programs; and WHEREAS, it has been determined that there are two different types of non-City taxpayers; taxpayers of other municipalities in the County and taxpayers of unincorporated areas; and WHEREAS, to be consistent and fair in the establishment of non-City taxpayer fees, standard formulas need to be adopted as set forth herein, now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Appendix A, Schedule of Fees, Rates and Charges, is hereby amended to read: ARTICLE XI, PARKS, BEACHES, RECREATION: * * * Use of facilities by nonresidents (ch. 22): (1) Effective June 1. 2005 January 1, 2004, nonresidents who wish to rent or use city recreation facilities or programs may do so by paying a nonresident fee based on the followinq formulas which shall be administered by the Parks and Recreation Director one or mora of tho f-ollowing f-ees: (a) Nonresidents who reside in other Pinellas municipalities: Department O&M Budqet + indirect overhead - budqeted revenue = Net budQet divided by population = subtotal Subtotal + Capital Improvement Proqram recovery component + Card processinq fee = Individual nonresident yearly fee Ordinance No. 7389-05 (b) Unincorporated nonresidents: Department O&M Budqet + indirect overhead - budqeted revenue = Net budoet divided bv population = subtotal Subtotal + Capital Improvement Proqram recovery component + Card processinq fee + unincorporated surcharqe fee = Individual unincorporated nonresident vearlv fee (c) Annual nonresident and unincorporated nonresident familv fees: Individual nonresident or unincorporated nonresident vearlv fees x 2.5 = Annual nonresident or unincorporated nonresident familv fees. (a) Card options: 1. Annual individual foo, valid one yoar from date of purchase (plus applicable sales tax) ............................................................80.00 2. Annual family f-oo, valid one year from dato of purchase (plus applicablo salos tax) ........................................................... 200.00 Note: /\n individual card may be used only by tho porson to whom it is issued. The family fee providos a card for each family membor rosiding at tho household. @ fbj Options in lieu of nonresident and unincorporated nonresident card purchase: 1. Pay non-card holder rates for tennis, swimming, classes, and/or admissions. (These fees will vary depending upon activity, however in no case will they be less than or equal to card holder rates.) 2. Singlo SO\lson foo for \ldult athletic leaguos, per person (plus applicable sales tax) ......................................................42.00 d~. In co-sponsoring programs where leadership is provided by noncity employees: a. Participants of youth seasonal recreational programs ...~ Individual nonresident or unincorporated nonresident vearlv fee x 40% b. Participants of adult seasonal recreational leagues .......40.00 4 ~. Participants at lawnbowls, shuffleboard~ aM horseshoe clubs, and three score softball per person........................................~ Ordinance No. 7389-05 Individual nonresident or unincorporated nonresident vearlv fee x 40% (2) The criteria which establish the class of city residents for the purpose of the fees above are: (a) Permanent residence within the incorporated boundaries of the city; (b) Ownership of real property within the incorporated boundaries of the city, as evidenced by the official tax rolls maintained by the county; (c) Tourists and guests temporarily residing at properties three months or less. within the incorporated boundaries of the city as evidenced by a motel key or another resident member; or (d) Persons who are employees of the city, their spouses and children who live at home. (3) Nonresidents who wish to rent a city recreation facility must possess a nonresident card or pay a 10% surcharoe for the rental. (4) In programs where rentals are charged, or where enforcement is impractical, or a majority of the facilities used by a program are provided in a municipality other than Clearwater, the nonresident fee is not required. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Cynthia E. Goudeau City Clerk Laura Lipowski Assistant City Attorney Ordinance No. 7389-05 ... o .. .. ter City Council Cover Memorandum Tracking Number: 1,369 Actual Date: 06/02/2005 Subiect / Recommendation: Adopt Ordinance 7444-05 on second reading, relating to occupational license fees; amending Appendix A, schedule of fees, rates and charges by 5% increase in fees. Originating: City Attorney Section: Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 05/08/2005 Financial Information: Review Approval Pam Akin Sue Diana OS/22/2005 05-23-2005 11:20:32 CA- , b \0. 'b 05-23-2005 11:33:16 ORDTNANCF. NO. 7444-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO OCCUPATIONAL LICENSE FEES; AMENDING APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES BY 50/0 INCREASE IN FEES; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Sectlon 1. Appendix A, Code of Ordinances, is amended to read: APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES * * * * * * XXVIII. OCCUPATIONAL LICENSE FEES: Category No. 001.000 002.000 003.000 003.010 003.020 003.030 003.040 003.050 003.070 003.080 003.090 004.000 005.000 005.010 005.020 005.030 005.040 005.050 005.060 005.070 Category Fee ABSTRACT OR TITLE COMP ANlES ............................................ $231.50 241 00 AD MINIS TRA TIVE OFFICE ............................................................... 86:5e .<l.O.15. ADVERTISING OR MARKETING Agency, general ............................................... .... .......... ................... 63.50 .66..5..0 Coupon book publisher or distributor (See note B) ....................... 115.50 17.1 7.S Directory or guidebook publisher................................................... 115.50 121 2S Handbill or sample distributor......................................................... ..63 .50 .66..5..0 Soliciting for publication not listed in city .......................................:5t:95 .5..4..2.5. Outdoor signs, advertising for other than the business on the premises................ ......... ....... ............ ..................63 .50 .66..5..0 Welcome or greeting service............................................................. 59-:9-5 .6.0..5..0 Trade inducement business, NOC .................................................. 127.25 111 SO ADULT ENTERTAINMENT ESTABLISHMENT (See note B; See Chapter 41, Article V) ................................................................. 1157.5017.1 S 2S AGENT OR AGENCY (See also brokers): Book or magazine.............................................................................. 51. 7 5 .5..4..2.5. Claim or collection (see note B) ..................................................... 127.25 111 SO Credit reporting and mercantile .........................................................75:00 18..1.l Employment....................................................................................... 75:00 18..1.l Manufacturersl sales representative, NOC......................................... 5t:75 .5..4..2.5. Private detective or company (See note B) .................................... 127.25 l::n ~O Property management or leasing .......................................................63.50 .66..5..0 Ordinance 7444--05 005.080 005.090 006.000 006.010 006.020 006.030 006.040 006.050 006.060 007.000 008.000 009.000 010.000 010.010 010.030 011.000 012.000 013.000 014.000 014.010 015.000 016.000 016.010 016.020 016.030 016.031 016.040 016.050 016.051 016.052 016.053 Talent (see note D) .............. .......................... ......... ............................T5:B6 18..15. Travel (see note D).......................................... ... ............. ...................86:5B 20..15. AIRCRAFT (See note B; requires Engineering Dept. approval): Charter or rental.............................................................................. 127.25 111 :'i0 Flying instruction............................................................................ 127.25 111 :'i0 Passenger service ............................................................................ 127.25 111 :'i0 Sales, new or used........................................................................... 127.25 111 :'i0 Servicing......................................................................................... 127.25 111 :'i0 Storage, field or hangar ............................................... .................... 127.25 111 :'i0 AIRPORT (see note B) ......................................................................... 260.25 271 2:'i ALARM SYSTEM BUSINESS, FIRE, BURGLARY, MEDICAL MONITORING (see note B) ........................ .................. .........................G3.50 66.5Q AMBULANCE SERVICE (See article III of chapter 25).......................G3.50 66.5Q Plus per vehicle..................................................................................23:66 .24..00 ANIMALS Kennel............................................................................................... .63 .50 66.5Q Groomer.............................................................................................5+:75 54.25 APPRAISER (See note D for Real Estate)..............................................T5:B6 18..15. ARMORED CAR SERVICE (See note B).............................................G3.50 66.5Q Plus per vehicle..................................................................................23:66 .24..00 ARTIST....................................................................................................8U:-5B 20..15. AUCTIONEER (see notes B and D) .................................................... 254.50 26700 Auction gallery (See notes B and D) .............................................. 781.00 R20 00 AUDITOR................................................................................................8'6:-95 84.15. AUTOMOTIVE: Dealership - Sale of new and used vehicles ................................... 463.00 4R6 00 Dealer - Sale of only used motor vehicles...................................... 347.25 164 :'i0 Garage - General repairs or replacements (See note D), for 10 bays or less..................................................8U:-5B 20..15. For each additional bay................................................................ tt:-56 .1.2..00 Rental- Autos, trucks, recreational vehicles.................................. 173.501 R2 00 Parking lot, permanent or temporary 1-10 spaces...................................................................................28:95 .3D1lQ 11- 50 spaces.................................................................................46:25 42.25 Over 50 spaces.............................................................................8U:-5B 9Q.15 Ordinance 7444-05 - 2- 016.060 016.061 016.062 016.070 016.080 016.090 017.000 018.000 019.000 019.010 020.000 021. 000 021.010 022.000 022.010 023.000 023.010 023.020 023.030 023.040 023.041 024.000 024.010 024.020 024.030 024.040 024.050 024.060 025.000 026.000 027.000 027.010 Storage 1-50 Spaces ......................................... ....................... ..................63 .50 66...5..0 Over 50 spaces.......................................................................... 127.25 111 50 Washing and polishing ......................................................................ZB-:-95 3..0..00 Wrecker or towing service .............................. ...................................5t:T5- 5..4.2.5. Service station, per fuel pump ...........................................................ZB-:-95 3..0..00 BAIT DEALER........................................................................................46:25 42..2.5. BAKERY GOODS, RETAIL................................................................. .63 .50 66...5..0 BANKS (including savings and loan associations) for each bank location main or branch ................................................. 289.25 101 50 Automatic teller machines ....................................... ....................... 115.75 1 7.1 50 BARTENDER, FREE LANCE ...............................................................57-:9-5 6fLiQ BATHHOUSE (see chapter 9 division III)..............................................ZB-:-95 3..0..00 Technician......................................................................................... .63 .50 66...5..0 BEAUTYSALONffiARBERSHOP NAIL SALON, TANNING SALON .......................................................46:00 482S Plus, for each chair or booth (see note D) .........................................H:5B .l.2J}Q Manicurist (see note D)................................................ ......................ZB-:-95 3..0..00 BOATS AND BOAT TRAILERS: Dealer.............................................................................................. 115.75 1 21 50 Repairs and service .......................................... ............. .................. ...69:25 l2..5Q Rental (needs Harbormaster approval)..............................................46:25 42..2.5. Storage................................................................................................ 86:56 20.15. Washing and Polishing......................................................................ZB-:-95 3..0..00 BOATS, PASSENGER: (needs Harbormaster approval) . 1-15 passengers..................................................................................46:00 482S 16-25 passengers............................................................................... .63 .50 66...5..0 26- 50 passengers................................................................................T5:66 1Ji.15. 51-100 passengers..............................................................................86:56 20.15. 101-300 passengers......................................................................... 115.75 17.1 50 Over 300 passengers ....................................................................... 231.507.41 00 BOOKKEEPING SERVICE ............................................ .......... .............63.50 66...5..0 BROADCASTING, RADIO AND TELEVISION STATION OR STUDIO.......................................................................................... 127.25 11150 BROKER, each Broker, mortgage (see note D)...... ...................... .............. .................63.50 66...5..0 Ordinance 7444-05 - 3 - 027.020 027.030 027.040 027.050 028.000 029.000 030.000 031.000 032.000 033.000 033.010 033.020 033.030 033.040 034.000 035.000 035.010 035.020 035.030 035.040 035.050 035.060 035.070 035.080 035.081 036.000 037.000 037.010 037.020 037.030 038.000 Broker, merchandise......................................................................... .63 .50 66.5Q Broker, stocks, bonds, etc., dealer .................................................. 190.75 200 1S Broker, stocks, bonds, etc., individuaL.......................................... 127.25 l::n SO Broker, real estate (see note D)..........................................................63.50 66.5Q Plus for each additional salesperson...............................................Z8:T5 3Q.QO BUSINESS ADVISORY SERVICES, NOC....................................... 127.25 111 SO (Reserved) BUYERS CLUB ................................................................................... 115.75 121 SO CATERER.............................................................................................. .63 .50 66.5Q CEMETERY/CREMATORIUM ......................................................... 231.50241 00 CLEANING, PRESSING AND DYEING Plant................................................................................................. 202.25 21 1 ? S Branch/collection, each..................................................................... .63.50 66.5Q Self service or hand laundry ..............................................................75:00 1Jl15.. Plus, per machine.............................................................................. t:e5 1.1..0 Carpet cleaning on-site .................. ....... ................... ..........................63.50 66.5Q COIN ANDIOR STAMP DEALER (see note B) ...................................63.50 66.5Q COMMERCIAL RECREATIONIENTERTAINMENT, NOC .......... 463.00 4R6 00 Dealer or leaser of amusement machines ....................................... 127.25 111 SO Miniature golf................................................................................... .63 .50 66.5Q Per gamelmachinelride (excluding dealer) ..................... ...................3-8:56 ..4Q.25 Entertainer (each).............................................................................. .63 .50 66.5Q Skating rink, shuffleboard, archery range or golf course ............... 127.25 111 SO Billiard parlor..................................................................................... 86:-95 M.15. Per additional table......................................................................... tt:5e ...l.2..QO (Reserved) Theaters, with up to 150 seats ........................................................ 289.25 1m SO Theaters, with 150 or more seats.................................................... 636.50 66R 1S CONSULTANT, NOC ...................................... .... ................. .................86:56 9D..15. CONTRACTORS, GENERAL CONSTRUCTION: Class "A" general (see note D) ....................................................... 289.25 1m SO Class "B" building (see note D)...................................................... 202.25 111 ?S Class "C" residential (see note D) .................................................. 115.75 111 SO CONTRACTORSORSUBCONTRACTORS~OTGENERAL) Ordinance 7444-05 - 4- 038.010 038.020 038.021 038.022 038.030 038.040 038.050 038.060 038.070 038.080 038.090 038.100 038.110 038.120 038.130 038.140 038.150 038.160 038.170 038.180 038.190 038.200 038.210 038.220 038.230 038.240 038.250 038.260 038.270 038.280 038.290 038.300 038.310 038.320 038.330 038.340 038.350 038.360 038.370 038.380 038.390 038.400 038.410 038.420 038.430 038.440 038.450 Acoustics................................................................................................. .63.50 66-5Q Air conditioning contractor, Class A (See note D) ........................ 173.50 1 R2 00 Air conditioning contractor, Class B (See note D)......................... 115.75 121 50 Air conditioning contractor, Class C (See note D) ...........................-86:-75 .8.4..1.5. Alarm systems specialty (See note D) ...............................................63.50 66-5Q Aluminum (See note D).......................... ........ ................. ..................63.50 66-5Q Awning, shades and blinds................................................................ 5t:-T5 54.00 Boiler................................................................................................. .63.50 66-5Q Carpentry (See note D) ......................................................................63.50 66-5Q Cabinetry and millwork.................................................. ................. ..63.50 66-5Q Communication systems specialty (See note D) ..............................63.50 66-5Q Demolition, building (See note D) ....................................................63.50 66-5Q Dredging............................................................................................ .63.50 66-5Q Drywall (See note D) .........................................................................63.50 66-5Q Electrical (see note D)..................................................................... 173.50 1 R2 00 Excavating, including filling, grading, and land clearing .................63.50 66-5Q Elevator (See note D).................................. ........... ............................63.50 66-5Q Exterminator (See note D) ...................... ...........................................63.50 66-5Q Fence erection (See note D)...............................................................63.50 66-5Q Fire sprinkler system, building (See note D).....................................63.50 66-5Q Flat work masonry specialty (See note D).........................................63.50 66-5Q Floor covering, laying, sanding, finishing.........................................63.50 66-5Q Gas, natural (See note D) ...................................................................63.50 66-5Q Gas, liquid petroleum (See note D) ...................................................63.50 66-5Q Garage door and operator installation (See note D) ..........................63.50 66-5Q Glass and glazing (See note D)..........................................................63.50 66-5Q Gunite and sandblasting.................................................................... .63 .50 66-5Q Hauling, trucking or moving............................................................. .63 .50 66-5Q House-moving (FDOT)..................................................................... .63 .50 66-5Q Installation, NOC .............................................................................. .63 .50 66-5Q Insulation........................................................................................ ....63 .50 66-5Q Irrigation systems specialty (See note D) ..........................................63.50 66-5Q Janitorial service............................................................................... .63 .50 66-5Q Landscaping/tree surgery .................................................................. .63 .50 66-5Q Lawn, yard and garden care ...............................................................46:25 42.25. Low voltage systems specialty (See note D) .....................................63.50 66-5Q Maintenance work (NOC) .............. .................... ................ ...............63.50 66-5Q Marble setting includes tile (See note D) ..........................................63.50 66-5Q Marine specialty (See note D) ...........................................................63.50 66-5Q Mechanical contractor (See note D) ............................................... 173.50 1 R2 00 Mobile home setup specialty (See note D)........................................63.50 66-5Q Ornamental iron work........................ ....... .......... ............... ................63.50 66-5Q Painting - including paperhanging (See note D) ...............................63.50 66-5Q Paper-hanging (only)......................................................................... .63 .50 66-5Q Partitions, movable........................................................................... .63 .50 66-5Q Paving (See note D) .. ................................................. ............... .........63 .50 66-5Q Pile driving (See note D) ...................................................................63.50 66-5Q Ordinance 7444-05 - 5 - 038.460 038.470 038.480 038.490 038.500 038.510 038.520 038.530 038.540 038.550 038.560 038.570 038.580 038.590 038.600 038.610 038.620 038.630 038.640 038.641 038.642 038.650 038.660 038.670 038.680 038.690 038.700 038.710 038.720 039.000 040.000 040.010 041. 000 042.000 043.000 044.000 045.000 046.000 Pipeline (See note D) .........................................................................63.50 66.5Q Plaster and stucco specialty (see note D)...........................................63.50 66.5Q Plumbing (See note D).................................................................... 173.50 1 R2 00 Pollutant storage systems; gasoline, oil, etc (See note D).................63.50 66.5Q Pressure cleaning.............................................................................. .63 .50 66.5Q Pre-stressed precast concrete specialty (See note D) ........................63.50 66.5Q Refrigeration, commercial and industrial (See note D) ....................63.50 66.5Q Reinforcing steel specialty (See note D) ...........................................63.50 66.5Q Roofing (See note D) ................ ......................................... ................63.50 66.5Q Septic tank/sewer cleaning.... ............................... ........................... ..63 .50 66.5Q Sheet metal (See note D) ...................................................................63.50 66.5Q Shutter and opening protectives (See note D)...................................63.50 66.5Q Signs - electrical (See note D) ...........................................................63.50 66.5Q Signs - nonelectrical (See note D) .....................................................G3.50 66.5Q Solar (See note D)..............................................................................G3.50 66.5Q Steel reinforcing (See note D) ...........................................................63.50 66.5Q Structural masonry specialty (See note D) ........................................63.50 66.5Q Structural steel (See note D) ..............................................................63.50 66.5Q Swimming pool, residential (See note D) .........................................63.50 66.5Q Swimming pool, commercial (See note D) .......................................63.50 66.5Q Swimming pool, service and maintenance (See note D) ..................63.50 66.5Q Tile and marble specialty (See note D) .............................................63.50 66.5Q Underground utility (See note D) ......................................................63.50 66.5Q Veneer specialty (See note D) ..........................................................63.50 66.5Q Water softener installation and service..............................................63.50 66.5Q Welding (requires certification)................. ...................................... ..63 .50 66.5Q Well drilling (Requires certification from SWFWMD) ...................63.50 66.5Q Window cleaning.............................................................................. .40.25 42..25. Wrecking and dismantling (other than building) ..............................G3.50 66.5Q COSTUME OR CLOTHING RENTAL .................................................5+:-9-5 5.4..25. DATA PROCESSING CONSULTANTIPROGRAMMER ..................86:56 20.15 Data processing software ...................................................................63.50 66.5Q DATINGIROOMMATE SERVICE (See note B) ............................... 127.25 111 'i0 DECORATOR, INTERIOR ........ ................................. ........... ................63 .50 66.5Q DELNERY /MESSENGER SERVICE (includes first vehicle) .............63.50 66.5Q Plus, per each additional vehicle .......................................................23:00 24.00 DESIGNER, INDUSTRIAL (See note D) ..............................................63.50 66.5Q DISC JOCKEY, FREE LANCE..............................................................6J.50 66.5Q D NER......................................................................................................59:7-5 6Q.5Q Ordinance 7444-05 - 6 - 047.000 048.000 049.000 049.010 050.000 051.000 052.000 053.000 053.010 053.020 053.030 053.040 053.050 053.060 054.000 055.000 056.000 057.000 058.000 058.010 058.020 058.030 058.031 058.040 058.050 059.000 059.010 060.000 061. 000 DRAFTSMAN......................................................................................... 86:-5B 9Q.15. ELECTRIC POWER COMPANY ....................................................... 173.50 1 R? 00 EQUIPMENT RENTAL, small tools or appliances ...............................63.50 66.5.Q Equipment rental, large, heavy duty ............................................... 127.25 111 ~O FLORIST................................................................................................. .63 .50 66.5.Q FREE SERVICE BUREAU .................... ..................... ................ ...........8ft.-95 84.15 FURNITURE REFINISH, REUPHOLSTER, CLEAN AND REP AIR....... ........................................ .... ............ ............ ................63.50 66.5.Q GROUP CARE FACILITIES Congregate care (21 or more clients) ............................................. 173.50 1 R2 00 Convalescent/nursing home............................................................ 173.50 1 R2 00 Family care home (1--6 clients).........................................................46:25 42.25. Group care, level I (7--14 clients)......................................................5t:-95 54.25. Group care, level II (15--20 clients) ..................................................86:75- 84.15 Group care, level ill (1--20 - special treatment) ................................98:00 1 02 7~ GUNS (See note B; requires federal firearms license), dealer, includes repair....................................................................................... 127.25 111 ~O HEARING AID, AGENT OR DEALER ................................................94:00 11.5.0 HOSPITAL......... .............................................. .......... .............. ............. 254.50 207 00 INCOME TAX PREP ARER......................................... ........... ...............63.50 66.5.Q INSURANCE Per each company, class, and type ofinsurance................................86:-5B 90.15. Adjuster..............................................................................................75:66 'J..'B..15. Agency (includes 1 principal, owner, manager or agent)..................63.50 66.5.Q Plus, per agent....................................................................................28:75 ..3.0...00 (Reserved) Agent, independent............................................................................ 86:-5B 90.15. ITINERANT OR PERMANENT, KNIFE TOOL SHARPENER.........28:75 3.0.00 Itinerant, agriculture peddler..............................................................46:25 42.25. KINDERGARTEN, NURSERY OR DAY CARE (See notes B and D)............................................................5t:-95 54.25. LABORATORY (includes dental, medical, research, analytical, photo, Ordinance 7444-05 -7 - 1--- 062.000 063.000 064.000 065.000 066.000 067.000 068.000 068.010 068.020 068.030 068.040 068.050 068.060 068.070 068.080 069.000 069.010 070.000 070.010 070.020 070.030 070.040 070.050 070.060 070.070 070.080 070.090 070.100 070.110 070.120 chemical testing, etc.)...............................................................................92:25 .9.6..15. Plus, per employee.............................................................................23:00 24..QQ LAND DEVELOPERS ......................................................................... 127.25 1 'B ~O LECTURER AND INSTRUCTOR,........................................................W:-T5 84.15. LOAN, FINANCE OR CONSUMER DISCOUNT COMPANY (See note D)........................ 289.25 1m 1~ LOCKSMITH (See note B) ..................................... ............. ................ ..5t:T5- 5..4.25. MAIL ORDER ESTABLISHMENT ............. ........... ........... ...................63 .50 .66.5..0 MAILING, PACKAGING, ADDRESSING, FAXING .........................63.50 .66.5..0 MANUFACTURING, FABRICATING, PROCESSING, COMPOUNDING 1 employee (including owner) ................ ...........................................51. 75 5..4.25. 2--4 employees (including owner).....................................................75:00 1.R15. 5--10 employees (including owner)................................................ 103.75 1 OR 7~ 11--25 employees (including owner).............................................. 127.25 111 ~o 26--50 employees (including owner).............................................. 190.75 200 2~ 51--100 employees (including owner)............................................ 254.50 267 00 101--500 employees (including owner).......................................... 289.25 101 ~O Over 500 employees (including owner) ......................................... 474.50 49R 00 MASSAGE establishment (See note D and Chapter 9) ..........................69:25 l2...5..O Massage therapist, each (See note D and Chapter 9) ........................46:25 42.25. MERCHANT OR MERCHANDISING: (See note B for sale of used merchandise) Inventory value $1,000.00 or less ......................................................46:25 Over $1,000.00 but less than $2,000.00............................................5+:-9-5 Over $2,000.00 but less than $3,000.00............................................63.50 $3,000.00 and over................................ ............................................ .63 .50 Plus, per $1,000.00 or any fraction thereof over $3,000..................4:96 Mobile tool sales............................................................................. 127.25 Antiques, used merchandise (See note B) .........................................63.50 Merchant, temporary permanent/location.........................................59-:1-5 Merchant, itinerant, permanent/location ........................................ 173.50 Merchant, show or flea market, per exhibitor, includes food vendors, per event/show ..............................................................~ 9.1Q Downtown convention/exhibition center ..................................... 3472.55 164fi 00 Hardware Store or Lumber Yard with an inventory value less than $100,000.00..................................................................................... 220.50 111 ~o Merchant, ice cream truck (See notes Band D)---------------------- 52:5B .5..5....00 42.25. 5..4.25. .66.5..0 .66.5..0 5...1Q 111 ~o .66.5..0 .6.0..0.0 1 R2 00 Ordinance 7444-05 - 8 - 071.000 071.010 071.020 071.030 072.000 072.010 073.000 074.000 074.010 074.020 075.000 075.010 075.020 075.030 076.000 077.000 077.010 077.020 078.000 079.000 079.010 080.000 081.000 082.000 083.000 084.000 084.010 084.020 084.030 084.040 Mobile homes Dealer (new or used) sales and service........................................... 127.25 Park, rental.........................................................................................86:75 Plus per space over 25 ......................................................................3:75 Transport service (if independent of city licensed dealer or Manufacturer).................................................................................... .T5:B6 111 50 84.15. 3.2.0 1.R.1.5. MOTORCYCLE, dealer..........................................................................92:25 26.1.5. Motorcycle, scooter or bicycle rental.......................................................63.50 66.5f} MOVING, TRANSFER COMPANY (See note B)............................. 103.75 lOR 75 MUSIC MACHINES/JUKE-BOX, COIN OPERATED: (not amusement or vending machines) Dealer or lessor ............................................................................... 127.25 111 50 Operator or lessee, each machine ......................................................46:25 42.25. NEWSPAPER, PERIODICAL OR NEWSLETTER: Less than 6 issues per week............................................................... 8U:5B 9.0...15. 6 Or more issues per week.............................................................. 254.50 ?fl7 00 Agency or bureau ............................ ................................................ 127.25 111 50 NURSERY, PLANTS (See note D) ........................................................63.50 66.5f} PATROL, NIGHT PATROLMAN, ORPRNATE WATCHMAN: Firm (See note B) ....................................................................... ........8U:5B 9.0...15. Individual (See note B) ......................................................................46:25 42.25. PAWN BROKER (See note B) ............................................................ 381.75 400 75 PETROLEUM PRODUCTS, wholesale .............................................. 254.50 ?fl7 00 Petroleum products, deliverlsale, includes LP ............................... 127.25 11150 PHOTOGRAPHY (See note B) ..............................................................63.50 66.5f} PIANO TUNER .......... ........................ ........................ ... .............. ............28:75 3fLQO PLATING OR ANODIZING, METAL ..................................................63.50 66.5f} PRINTING, PUBLISHING, ENGRAVING, LITHOGRAPHING AND BINDING (includes blueprinting services) ........... ...................................... 69:Z5 ..l2...5..O PROFESSION (per licensee and per location) Accountant (See note D if CPA) .................................................... 115.75 121 50 Architect (See note D) .................................................................... 115.75 11.1 50 Attorney (See note D) ..................................................................... 115.75 121 50 Chiropractor (See note D)............................................................... 115.75 121 50 Ordinance 7444-05 - 9- 084.041 084.050 084.060 084.070 084.090 084.100 084.110 084.120 084.130 084.140 084.150 084.160 084.170 084.180 084.190 084.200 084.210 084.220 084.230 085.000 086.000 087.000 088.000 089.000 089.010 089.020 090.000 090.010 091.000 092.000 093.000 093.010 093.020 093.030 Counselorlsocial worker (See note D)...............................................86:-56 9.0.15. Court reporter.....................................................................................86:-56 9.0.15. Dental hygienist (See note D)............................................................86:-56 9.0.15. Dentist (See note D)........................................................................ 115.75 111 'i0 Designer, interior (See note D)....................................................... 115.75 111 'i0 Embalmer/funeral director/undertaker (See note D)...................... 115.75 111 'i0 Engineer (See note D)..................................................................... 115.75 111 'i0 Homeopathic physician................................................................... 115.75 121 'i0 Occupational therapist (See note D)............................................... 115.75 111 'i0 (Reserved) Optician, including sale oflenses and frames (See note D)........... 115.75 111 'i0 Optometrist (See note D) ................................................................ 115.75 121 'i0 Reserved Physician (See note D).................................................................... 115.75 121 'i0 Physiotherapist (See note D) .......................................................... 115.75 121 ';0 Profession, NOC ............................................................................. 115.75 111 'i0 Psychologist (See note D)............................................................... 115.75 111 'i0 Surveyor (See note D)..................................................................... 115.75 121 ';0 Veterinarian (See note D) ............................................................... 115.75 121 'i0 PROMOTERlPROMOTIONS (See note B)(Iftemporary, per event) ................................................... 231.50 141 00 RAILROAD.......................................................................................... 260.25 171 1'i RECORDING STUDIO......................................................................... .63 .50 6.6...5..Q REFUSE COLLECTION AND DISPOSAL SERVICE (See note B and See 32.292 City Code) ......... 260.25 ?711'i REFUSE MACHINE, COMPACTING ANDIOR BINDING: Owner or lessor ............................................................................... 254.50 20700 Operator or lessee ........................................................................... 115.75 121 'i0 RENTAL, NOC (See note B) ..................................................................63.50 6.6...5..Q HalVfacility/property, nonresidential use (See note B) .................. 115.75 111 'i0 RENTAL, UNITS (2 or more) ......... ............................ ............... .............Z8-:-T5 3..0..00 Plus, per unit over 5 .............................................................................+:66 l..1Qc REPAIR AND SERVICE, NOC (includes handyman) ..........................51:75 54.25 Plus, for each employee (other than owner)......................................tt:56 .12..00 RESTAURANT (See note D; and Note B for alcoholic beverage sales) 1--1 0 seats .......................................................................................... 46:Z5 .42...25. 11--25 seats ....................................................................................... .63 .50 6.6...5..Q 26--50 seats..................................................................................... 127.25 111 00 Ordinance 7444-05 - 10- 093.040 093.050 093.060 093.070 093.080 093.090 093.100 093.110 094.000 095.000 096.000 097.000 098.000 098.500 099.000 099.010 099.020 100.000 51--100 seats.............................. ........ ............................................. 190.75 1.00 ?'i 1 01 or more seats ............................................................................ 254.50 ?6700 Snack bar, soda fountain ............................................................ ........5t:T5 .5..4..2.5. Concession stand/vendor, per location or unit ..................................5t:T5 .5..4..2.5. Canteen wagon or truck, per mobile unit ..........................................57-:9-5 .6.O...5..Q Drive-in or drive-through/take out or delivery..................................8U:56 2.0..15. Nightclublbar/tavemlcabaretllounge (See note B; see adult use entertainment; see commercial recreation/entertainment, entertainers)..................................................................................... 254.50 ?67 00 Dancing area......................................................................................5t:T5 .5..4..2.5. SCHOOLS - TRADE, STUDIO AND INSTRUCTION (See note D; also see note B for dancing or charm schools)................................................63.50 66..5.Q SECRETARIAL SERVICE (includes stenographers)............................63.50 66..5.Q SEWING (DRESSMAKER, SEAMSTRESS, TAILOR, etc.) ..............5t:T5 .5..4..2.5. SHOE REPAIR (OR BOOT BLACK STAND) .....................................5t:T5 .5..4..2.5. SITTING - HOUSE, PLANT, PET (See note B)....................................57-:9-5 .6.O...5..Q SPECIAL EVENTS - CITY SPONSORED, Per day, per exhibit.............................................................................. i-:tB ..l..2Q STORAGEIW AREHOUSING Indoor, per 1,000 square feet (minimum $50 fee)............................:H:5e .l2...O.Q Outdoor, per 1 ,000 square feet (minimum $50 fee).........................23:00 24.QQ TATTOO PARLORS (See note D and Florida State Statute 877.04) ............................................................................. 115.75 121 'i0 101.000 TAXICAB COMPANY, includes first vehicle (See notes-B and Chapter 25)....................................................... ............63.50 66..5.Q Plus for each additional vehicle...........................................................................................23:00 24.QQ 102.000 103.000 103.010 103.020 103.030 103.040 103.050 104.000 TAXIDERMIST.......................................................................................5+:75 .5..4..2.5. TELEPHONE AND TELEGRAPH Telephone, company.............................................................. ......... 260.25 271 2'i Each branch office .............................................................................3-4:56 3fi.QQ Telephone, business, private (includes 900 service; see note B) ......63.50 66..5.Q Telephone, solicitation (See notes B and D) .....................................63.50 66..5.Q Telephone, answering service........................................................... .63 .50 66..5.Q TOILETS, PORTABLE SERVICE...................................................... 115.75 11.1 'i0 Ordinance 7444-05 - 11 - 105.000 105.010 105.020 TRAILER, CARGO (for boat trailers, see boats) Trailer, cargo, sales and service........................................................ .63 .50 .6.6...5..0 Trailer, cargo, rental...........................................................................5+:75 .54.25 106.000 TRANSIT OR READY-MIX CEMENT AND CONCRETE............. 254.50 267 00 (This license required of any distributor making deliveries and/or sales within city limits, regardless oflocation of plant.) 107.000 TRANSPORTATION SERVICES (bus station - interstate, chartered, limousine, sightseeing) (See chapter 25; see note B) ..................................243.00 ):'i:'i 00 108.000 VACUUM CLEANER SALES AND SERVICE...................................63.50 .6.6...5..0 109.000 VALET P ARKIN"G ............................................................... ...................59-:9-5 j}{L5Q 110.010 110.020 VENDING MACHINES (excluding amusement, music machines, cigarette or stamp machines) Dealer or leaser .......................... .............................. ............. .............63.50 .6.6...5..0 Operator or lessee, per machine.........................................................tt:5e .1.2JlO 110.000 111. 000 VIDEO OR FILM RENTALS............................................................... ..63 .50 .6.6...5..0 112.000 WRECKrnG Y ARD............................................................................. 254.50 267 00 113.000 UNCLASSIFIED, every business occupation, profession or exhibition, substant!ally fixed or temporarily engaged in by any person within the city and for which no license has been ordained and not herein specifically designated (See note B).............. 127.25 1 T~ :'iO OTHER RELATED OCCUPATIONAL LICENSE FEES/CHARGES: The DUPLICATE LICENSE FEE shall be $+5:75-l.6..5.D.. The MINIMUM occupational tax shall be $25.00 (St::lte St::ltnte) PENALTY, DELINQUENT AND ADMINISTRATIVE FEES: The PENALTY FEE (operating prior to obtaining a license) shall be equal to 25 percent ofthe established fee. The DELINQUENT FEE shall be ten percent for the month of October plus five percent for each month of delinquency, not to exceed 25 percent of the established occupational license tax. In addition to penalty fee, the administrative fee shall be two times the normal fee with a maximum of $250.00 per license on accounts not paid by January 31 st following the renewal notice. The REGISTRATION FEE shall be $26.25 21.5..0 Ordinance 7444-05 - 12- A TRANSFER FEE shall be up to 10% of the annual license tax but not less than $3 or more than $25.00 Notes: A. Requires approval by the city commission. B. Requires city police department recommendation. The applicant shall complete a background information report, executed under oath, and shall submit to a background investigation, photograph, and fingerprints. The recommendation shall be based upon the criteria set forth in section 29.41 (6) and shall include a statement of the facts upon which the recommendation is based. C. RESERVED D. Requires inspection, approval or license of state or county authority. NOC - Not otherwise classified. Section 2. This ordinance shall take effect on October 1, 2005. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard, Mayor Approved as to form: Attest: Leslie Dougall-Sides Assistant City Attorney Cynthia E. Goudeau, City Clerk Ordinance 7444-05 - 13 - FD- I City Council Cover Memorandum I! ' ; j . , Tracking Number: 1,319 Actual Date: 06/02/2005 Subject I Recommendation: Reappoint Mr. Rick G. Stucker 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. Mr. Stucker has indicated his willingness to serve a two-year term. Mr. Stucker is a city resident, and a local business owner with an insurance background. The law permits any Board member to succeed himself/herself. It is recommended that the City Council, as a ministerial duty, appoint Mr. Rick Stucker as a trustee to the seat for the period of July 1, 2005 through June 30, 2007. Oriqinating: Fire and Rescue Department Section Consent Agenda Category: Other Financial Information: ~ Other Bid Required? No Bid Exceptions: Other Other Contract? not applicable In Current Year Budget? Yes Budget Adjustment: No Current Year Cost: $0.00 ~~ u~ City Council __'mm.'..,....~""~!:!.!.,,_cOV~!_,,~.!,,!!!,~!:a nd u m "....@, Annual Operating Cost: $0.00 Total Cost: $0.00 Review Approval Jamie Geer Bill Horne Cvndie Goudeau Garry Brumback 05-06-2005 08:40: 15 05-18-2005 09: 22: 32 05-18-2005 09:49:08 05-16-2005 18: 18:53 PD-I ~~ u~ City Council ~,."".,~g~!!da ~!?,~er M~!?~~!1<!!~t~'!!!M''''_=''''''''''___''<''''''''''''''''''''''''''''''=''=~''''''""_,,,,,_ f).a Tracking Number: 1,330 Actual Date: 06/02/2005 Subject / Recommendation: Approve a donation to Clearwater Homeless Intervention Project, Inc. (CHIP) for funding of operations in the amount of $100,000.00. Summary: 1. The Clearwater Homeless Intervention Project Shelter opened in April 1998, and since that date has provided a safe overnight facility for homeless persons and essential support services to help individuals and families begin to improve their lives. 2. In CHIP's continuum of care, there are currently three programs offered: Outreach and Assessment through the Day Center component; Emergency Housing in the Shelter Services; and Transitional Housing at the newly opened Parkbrooke Apartment Complex. 3. In previous years the City of Clearwater has donated $100,000 to CHIP. The police department requests that the City continue their contribution to CHIP, which will be applied toward needed operational funding essential to the CHIP shelter's successful operation. 4. Funding for this donation in the amount of $100,000.00 is available in the Special Program project 181-99938, Homeless Shelter. Oriqinating: Police Section Consent Agenda Category: Other Financial Information: ~ Other Bid Reauired? No Bid Exceptions: Sole Source In Current Year Budget? Yes Current Year Cost: $100,000.00 Appropriation Code(s) 181-99938-582000-529-000 Amount $100,000.00 Comments Donation to CHIP Review Approval Tina Wilson 05-11-2005 09:04:31 ~~ u~ Bill Horne Cvndie Goudeau Garry Brumback City Council _'''''''''''''''"*,, ~g,,~,,!!,~a C"!:!.Y,~,~,,,,~,,~,,!!!ol:!~n d u ~"",,,,,,,,,,,,_=,.,"'''''''''''''''''m''''''''''''.'''''',.,,=,_,_.''''''''''''""',,,,,,,,,=,__ 05-18-2005 15:28: 15 05-18-2005 15:40:26 05-18-2005 13:25:07 ~.~ u.~ City Council ='""",""= Agen~!,,~over Memora r:-.c:t~!!I PLV-J 1/.3 Tracking Number: 1,352 Actual Date: 06/02/2005 Subject / Recommendation: Approve the hiring of one new FTE for the Planning Department at an estimated annual cost of $65,850 and a current year estimated cost of $27,045. Summary: Due to the sustained high volume of redevelopment projects submitted to the City for review and approval, the Planning Department is requesting to hire one new FTE Planner III position to be assigned to the Development Review Division. The Planner III will perform all aspects of site plan review, including the preparation of staff reports and presentations to the Community Development Board, as well as assist customers with zoning issues. An additional experienced Planner III will improve the Department's ability to process and analyze complicated cases and improve customer service. The estimated current years costs for this full-time professional position are as follows: Full-Time Salary and Benefits - $20,670 Operating costs - $ 6,375 (includes workstation and computer software license agreements) TOTAL - $27,045 Funding for the current year is anticipated to be approximately $27,045 for the remainder of the fiscal year, to include the salary and the purchase of a workstation and software license. Funding for the computer will be provided within the current lease contract with Dell. The estimated annual cost for the position is $65,850 to include salary and benefits. A third quarter budget amendment will appropriate $27,045 from the General Fund unappropriated retained earnings to the Planning Department operating budget to provide funding for the current year. Originating: Planning Section Consent Agenda Category: Other Number of Hard Copies attached: 0 Public Hearing: No Financial Information: Tyoe: Operating Expenditure Bid Required? No Bid Exceptions: Sole Source ~&~'ater u~ City Council Cover Memorandum In Current Year Budget? Yes Budget Adiustment: Yes Budget Adjustment Comments: See Above Current Year Cost: $27,045.00 For Fiscal Year: 10/12/2004 to 09/30/2005 Appropriation Code(s) 0010-01420-5XXXO Review Approval Gina Clavton Tina Wilson Bill Horne Gina Clavton Cvndie Goudeau Joseph Roseto Garry Brumback Amount $27,045.00 Comments 05-13-2005 10:55:22 05-19-2005 09:01:45 05-19- 2005 16:24:50 05-13-2005 11:05:52 05-19-2005 16:32:22 05-16-2005 10:22: 12 05-19-2005 15:33:27 ~~ u~ City Council "'_'N~g,!!!1da ~,~~,~L~~_m~'~'!"'!'!'~'~"!!!""""_NW' ENS - l II . <-l Tracking Number: 1,219 Actual Date: 06/02/2005 Subject / Recommendation: Award a contract for the sub-aqueous installation of a 20-inch potable water main, a 12-inch potable water main, a 4-inch natural gas main with an 8-inch casing, and a 4-inch conduit for traffic communications under Mandalay Channel to Akerman Construction Company of Purcell, Oklahoma in the amount of $763,570.50, which is the lowest responsible bid received in accordance with the plans and specifications and authorize the appropriate officials to execute same. Summary: The construction of the proposed Clearwater Beach West Bridge Spur Connector (pedestrian bridge) has necessitated the relocation of the existing sub-aqueous potable water mains due to location conflicts with the bridge foundations. Inasmuch as the bridge location cannot be adjusted sufficiently to accommodate these existing utilities, the utilities must be relocated. The gas main and the traffic operations conduit are currently installed on FDOT Bridge #43 immediately North of and adjacent to the proposed pedestrian bridge. The sub- aqueous installation of these utilities in conjunction with the potable water mains will minimize future expenditures for relocation of these appurtenances when the FDOT replaces Bridge #43. The anticipated date for construction to commence is May 2005, and the project will be completed in 120 days. On January 15, 2004, City Council approved (item 26) supplemental CMAQ funding in the amount of $668,200 with $68,200 for design and $600,000 for construction. The City is funding the balance of the project costs of $163,570.50. Sufficient budget and $100,386.61 of Gas Revenue is available in CIP 0315-96365, Line Relocation Pinellas - Maintenance for the relocation of the natural gas main. A midyear amendment will transfer $63,183.89 of budget and Local Option Gas Tax Revenue from the Capital Improvement Program (CIP) Project 0315-92262, S.R. 60 Corridor Beautification and ITS to CIP 0315-92340, Clearwater Beach West Bridge Connector to fund the relocation of conduit for traffic communications. There is sufficient budget for CMAQ revenue in CIP project 0315-92340, Clearwater Beach West Bridge Connector to fund the $600,000 grant portion for construction. The total non-grant project funding for these items is $163,570.50. Copies of the contract documents are available for review in the Official Records and Legislative Services Office. Originating: Engineering Section Consent Agenda Category: Construction Contracts - Public Works Originating ~...teI u~ City Council _""'='N~gen,~~,_Cover!1~,!,"ora nd um Financial Information: Type: Capital Expenditure Bid Required? Yes Total Cost: $763,570.50 0315-96365-563800-532-000 Amount $663,183.89 $100,386.61 Comments Appropriation Code(s) 0315-92340-563800-541-000 Review Approval Glen Bahnick Bryan Ruff 04-22-2005 13:53: 16 04-11-2005 11:28:03 05-18-2005 15:38:49 04-26-2005 08:44:23 04-26-2005 13:19:54 05-18- 2005 14:07:33 04-07-2005 13:08:56 04-26-2005 16:37:52 05-18-2005 15:27:35 Georae McKibben Cyndie Goudeau Michael Ouillen Tina Wilson Garrv Brumback GeorQe McKibben Bill Horne Location Map KENDALL I I BAY D ROCKAWAY 3'. BA YMONT :1:0 UJ () :> ~ <( !I) SAN MA CO ST 0:: Q PROJECT SITE PAPAYA ST Pier 60 DR DR N City of Clearwater ~.rwater w4t. Public Works Administration / Engineering WA TER MAIN REPLACEMENT FOR THE WEST BRIDGE SPUR CONNECTOR u~ s ~ Drawn By: S.K Reviewed By: R.K Scale: N. T. S. Grid # 267A S-T-R 8-29s-15e Date: 03/17/05 ~~ u.~ City Council Cover Memorandum E~3 -eJ J l. 5 Tracking Number: 1,327 Actual Date: 06/02/2005 Subject I Recommendation: Approve a work order to Jones, Edmunds and Associates, Inc., in the amount of $155,000 for engineering design services related to the Nitrate Recycle Improvements Project (05-0023-UT),and that the appropriate officials be authorized to execute same. Summary: The City has requested the services of Jones Edmunds & Associates (JEA) to produce a biddable set of construction documents outlining improvements to be made at the Marshall Street Advanced Pollution Control Facility (APCF) and the Northeast APCF. The Nitrate Recycle Improvements Project was identified as one of the Capital Improvements Projects recommended in the Water Pollution Control Facilities Infrastructure Assessment and Capital Improvements Implementation Plan, recently completed by Jones, Edmunds & Associates. The proposed modifications to the nitrate recycle systems at the Marshall Street and Northeast APCF's are intended to improve the efficiency of biological nitrogen removal at both APCF's. By redirecting the nitrate recycle flows to the existing fermentation tanks, additional substrate will be readily available for the bacteria to use. Based on biological modeling of the treatment plants performed during the WPC Master Plan, it is projected that these modifications will allow the treatment plants to better achieve effluent levels of total-nitrogen less than the permitted limits under virtually all flow scenarios. This proactive measure will better assure regulatory compliance with the plants' operating permits. It is anticipated the design project will be accomplished in 120 days. Jones, Edmunds & Associates is one of the City's Engineers-of-Record, and this work order was negotiated in accordance with the Consultants Competitive Negotiations Act. Resolution 04-36 was passed on December 16, 2004, establishing the City's intent to reimburse certain project costs incurred with future tax-exempt financing. The projects identified with 2006 revenue bonds as a funding source were included in the project list associated with Resolution 04-36. Third quarter amendments will establish the 06 Water & Sewer Revenue Bond Construction project 0378-96616, WPC Internal Recycle Modifications and transfer $75,000 of budget for interim fina ncing or 2006 revenue bond proceeds when issued from 0378-96611 Biosolids Treatment to 0378-96616. A copy of the work order is available for review in the Official Records and Legislative Services department. Originating: Engineering Section Consent Agenda Category: Agreements/Contracts - with cost Number of Hard Copies attached: 0 ~.h! u.~ City Council ._,~g!!,!1da cO'!~,~"~~.!!!,~"~,!!!~""",,,_,",, Public Hearing: No Financial Information: ~ Capital Expenditure Bid Required? No Bid Exceptions: Sole Source Budget Adiustment: Yes Budget Adjustment Comments: See Summary Section Annual Operating Cost: $0.00 Total Cost: $155,000.00 Appropriation Code(s) 0315-96616-561300-535-000 0378-96616-561300-535-000 Amount $80,000.00 $75,000.00 Comments Review Approval Glen Bahnick Garry Brumback 05-12-2005 15:54:58 05-13-2005 09:41:56 05-18-2005 09:21:09 05-13-2005 08:33:43 05-18-2005 09:50:40 05-13-2005 08:50:02 05-16-2005 18:11:30 Brvan Ruff Bill Horne Michael Ouillen Cvndie Goudeau Tina Wilson CITY OF CLEARWATER PUBLIC WORKS ADMINISTRATION Jones~ Edmunds and Associates~ Inc. WORK ORDER INITIATION FORM ~" EY"9--d 'f!~;. , L 5 Date: March 15,2005 Project Number: 03720-015-01 City Project Number:05-0023-UT 1. PROJECT TITLE: Nitrate Recycle System Improvements - Marshall Street and Northeast Advanced Pollution Control Facilities (APCF). 2. SCOPE OF SERVICES: Jones, Edmunds & Associates, Inc. (Jones Edmunds) is pleased to provide the City of Clearwater with this proposal to assist the City in designing modification to the internal recycle systems at the Marshall Street and Northeast APCFs. The proposed modifications will provide the operational staff at each APCF with the flexibility to convert the biological processes from 5-stage Bardenpho<9 to 4-stage Bardenpho<9 processes. Modifications to the internal recycle systems at these two APCFs were recommended in the October 2004 Water Pollution Control Infrastructure Assessment and Capital Improvements Master Plan (Master Plan) prepared by Jones Edmunds. At each APCF the project involves providing the means to redirect nitrate recycle flows from the 1 st anoxic tanks to the fermentation tanks for 4-stage Bardenpho@ operation. The existing nitrate recycle system at the Marshall 81. APCF is different from the systems at the East and Northeast APCFs. Due to the tank configuration and the manner in which the plant has been upgraded in the past, the Marshall 81. nitrate recycle system is a complex system to modify. In the 2004 Master Plan, it was recommended that at a minimum the modifications project should include new submersible pumps with VFD controls, a new flow meter and associated piping. A conceptual layout for the recommended system was provided in the Master Plan. However, the final system installed may vary from the conceptual layout due to the complexity and limitations of existing conditions. Furthermore, two (2) of the existing pumps have currently been replaced. Therefore, one objective ofthe design upgrade is to evaluate reuse of the new pumps, and upgrade the remaining pumps. Modifications to the Northeast APCF internal recycle system are relatively straight forward, and require construction of channel and gate modifications, and no electrical work. Therefore, Jones Edmunds recommends the following 2-phased approach to the design of the Marshall 81. and Northeast nitrate recycle system modifications: I Phase I - Preliminary Engineering Report (30% submittal) Phase II - System Design The following is a description of the tasks Jones Edmunds proposes to complete associated with Phase I of the design of the Marshall Street and Northeast nitrate recycle system modifications. A. PHASE 1 - PRELIMINARY ENGINEERING REPORT (PER) The complexity of the Marshall St. nitrate recycle system warrants an evaluation of possible alternatives and the development of a Preliminary Engineering Report (PER). The PER will establish and define the basis of design for the recommended system modifications. A subsection of the PER will include a summary ofthe recommended design approach for the Northeast APCF. 1. Data Gathering and Review Initially, Jones Edmunds will gather and review pertinent information related to the Marshall Street and Northeast APCF facility design. This includes review of the 1992 record drawings for last major plant upgrade project and any existing information regarding subsurface conditions in the area of the fermentation tanks and 1 st anoxic tanks. We have assumed that subsurface information is available for use in the design of the channel or tank modifications required for these projects. We will also review available information related to the Marshall Street new and existing nitrate recycle pumps, including manufacturer's certified pump curves, literature and operating manuals. 2. Field Reconnaissance Following review of the existing information, Jones Edmunds will conduct field reconnaissance at each APCF to compare existing conditions to those depicted on the 1992 record drawings for the last major upgrade to the APCF, as well as record drawings for other more recently completed projects at the plant. As part of this, we will take field measurements to confirm tank and channel dimensioning, depths and relative elevations. 3. Evaluation of Alternatives Once existing conditions have been verified, Jones Edmunds will evaluate alternatives for redirecting nitrate recycle flows to the fermentation tanks at the Marshall Street APCF. At this time, three possible alternatives are envisioned to be the following: 1.) construction of a new flow channel over the return sludge channel to redirect the recycle flows; 2.) hard piping the existing recycle-pump discharges to the fermentation tanks, 3.) or installation of a new recycle pumplpiping system, including staging the internal recycle flows to head and middle of the fermentation tanks. For each alternative, the evaluation will include assessing the most feasible layout for the system modifications that avoid conflicts with existing facilities and minimize modifications to plant components not related to the nitrate recycle system. This will include completing hydraulic calculations associated with the redirection of the nitrate recycle flows to the fermentation tanks. These calculations will be performed to develop a revised hydraulic profile for the fermentation tanks, the 1 st anoxic tanks and for any interconnecting flow channels and pipelines. In addition, Jones Edmunds will develop a system curve to be used for evaluating the existing internal recycle pumps, as well as potential replacement pumps. For each of the alternatives we will develop a preliminary construction cost opinions so that the alternatives can be evaluated in terms of both technical and economic feasibility. For the Northeast APCF, a preliminary construction cost opinion will also be developed. 4. Draft PER Following completion of the above tasks, Jones Edmunds will develop a draft PER that will detail the alternatives evaluation, preliminary layouts, and present the relative pros and cons of each alternative. The draft PER will also include our conclusions and recommendations for the most feasible means to modify the existing nitrate recycle system. Five (5) copies of the draft PER will be submitted to the City for review and comments. 5. Review Meeting with City Following the City's review ofthe draft PER, Jones Edmunds will meet with City staff to review the report and its recommendations. At this meeting, we will address City comments and questions regarding the report, and establish with the City the recommended alternative for the design project. 6. Finalize PER Following the review meeting, Jones Edmunds will finalize the PER to incorporate the review comments provided by City staff. This will represent a 30% submittal for the project. Ten hard copies and one (1) electronic copy of the final PER will be provided to City. B. PHASE 2 - SYSTEM DESIGN Once the PER has been finalized and the recommended means for completing the nitrate recycle system modification at the Marshall St. and Northeast APCFs has been established, Jones Edmunds will proceed to develop design documents. The design documents will be a combined set for both the Marshall St. and Northeast APCFs and will include design drawings and technical specifications that can be used by the City to solicit competitive bids for the construction the modifications. 1. Develop 60% Design Documents for Marshall St. APCF Because of the complexity of the Marshall 8t. nitrate recycle system in comparison to the Northeast system, we propose to focus our 60% design efforts on the Marshall 8t. APCF. Using the existing 1992 record drawings for the Marshall St. APCF as a base, Jones Edmunds will develop a design for the redirection of the nitrate recycle flows to fermentation tanks. The design will be depicted in plan view along with necessary sections and details. Upon completion, four hard copies of the 60% design drawings, as well as outline technical specifications will be submitted to the City for review and comment. 2. Update Meeting Following the 60% design submittal, Jones Edmunds will schedule and attend a meeting with the City staff to review the design drawings and specifications, and discuss any modifications to be made based on the City's review comments. 3. 90% Design Documents Based on the information discussed during the Update Meeting, Jones Edmunds will proceed to develop 90% design documents for the nitrate recycle redirection at both the Marshall 8t. and Northeast APCFs. The 90% design documents will refine, as necessary the system layout and elevations, as well as standard details and technical specifications. An update to the preliminary opinion of construction cost will also be provided. Upon completion, four hard copies of the 90% design submittal documents will be submitted to the City for review and comment. 4. Final Design Documents Following receipt of any final review comments from the City Jones Edmunds will develop finalized design documents for the overall project. Upon completion, a reproducible set of the design drawings and technical specifications, along with four hard copies will be provided to the City. 5. Prepare a Preliminary Construction Cost Opinion Based on the design developed for the proj ect, Jones Edmunds will update the preliminary construction cost opinion for the work associated with redirecting the Marshall St. and Northeast APCF nitrate recycle flows to the fermentation tanks. 6. Attend Pre-Bid Meeting On behalf ofthe City, Jones Edmunds will schedule and attend a Pre-Bid meeting for the overall construction project. We will attend this meeting to address any questions that prospective bidders may have regarding the overall project, and prepare responses to any comments during bidding. Following review of bids, Jones Edmunds will review and evaluate the bids, and provide a recommendation for award. 3. PROJECT GOALS: BACKGROUND: The Marshall St. APCF is currently configured with and operated as a 5-stage Bardenpho@ process, The 5-stage process is designed to promote biological nitrogen and phosphorus removal. The Marshal St. APCF operating permit contains a limit for phosphorus discharges. However, the biological process alone cannot achieve the required phosphorus removal. As such, the City supplements biological phosphorus removal with chemical precipitation via aluminum sulfate (alum) addition. Biological modeling of the existing Marshall St. APCF indicates the following limiting factors: 1. Low influent organic strength results in competition between phosphorus accumulating organisms and denitrifying bacteria, resulting in less easily degradable substrate for denitrification. 2. The configuration of the nitrate recycle system induces an oxygen input into the first anoxic tanks that effectively reduces the anoxic volume by one-third. 3. The anoxic tank volume at the plant is insufficient based on the above design issues. The 2004 Master Plan recommended that piping modifications be completed to send internal (nitrate) recycle flows to the fermentation tanks which will accomplish the following goals: prevent aeration of the nitrate recycle flows and subsequent oxygen mass loading to the 1 st anoxic tanks, and conversion of the plant to a 4-stage Bardenpho operation to optimize the balance of soluble substrate for denitrifying bacteria. While this will eliminate any biological phosphorus removal, the plant current utilizes alum addition to comply with its permit limit for phosphorus as well as to comply with whole effluent toxicity. There should be no increase in the current alum quantities based on a 4-stage operation. The Northeast APCF is also currently configured with and operated as a 5-stage Bardenpho@ process. The 5-stage process is designed to promote biological nitrogen and phosphorus removal. However, the Northeast APCF operating permit contains no limitation for phosphorus. In addition, biological modeling of the existing APCF indicates that the relatively low organic strength of the influent wastewater inhibits the efficiency of the biological denitrification process. Control of the influent wastewater strength is not possible. However, one alternative identified to enhance the denitrification process is the possibility to provide additional substrate to fuel the denitrification process by redirecting the nitrate recycle flow to the fermentation tanks. This would essentially convert the fermentation tanks to additional anoxic tanks. Fermentation tanks are only necessary when biological phosphorus removal is required. In addition, this modification would allow operations staff to take one of the oxidation ditches off-line, which is currently not possible due to the channel configurations. PURPOSE: The City has requested the assistance of Jones Edmunds in design of the necessary modifications to the nitrate recycle systems at the Marshall St. and Northeast APCFs to improve the efficiency of biological nitrogen removal at both APCFs. By redirecting the nitrate recycle flows to the existing fermentation tanks additional substrate will be readily available for the bacteria to use. Based on biological modeling of the APCFs, it is projected that these modifications will allow the APCFs to achieve effluent total-nitrogen levels of less than 2.5 mg/l under virtually all flow scenarios at the APCF. GOALS: . Develop a design to allow the operational staff the flexibility to operate the Marshall St. and Northeast APCFs as either 4-stage or 5-stage Bardenpho@ processes, and the ability to easily convert between the two modes of operation. . Allow the flexibility to isolate process tankage, and tank the oxidation ditch off-line at the Northeast APCF. . Complete the design of the modifications by October of2005. 4. BUDGET: This fee includes all labor and expenses anticipated to be incurred by Jones, Edmunds & Associates, Inc. for the completion of these tasks, on a lump sum basis, for an amount of $155,000. 5. SCHEDULE: The final design documents for the modifications to the Marshall St. and Northeast APCFs internal recycle system will be completed and submitted to the City by September 30, 2005. 6. STAFF ASSIGNMENT (Consultant): Jones, Edmunds & Associates, Inc. Key Staff: Thomas Friedrich, P.E. Client Services Manager James McLellan, P .E. Proj ect Manager Tim Harley, P.E. Senior Project Engineer George Leverett, P.E. Structural Engineer Steve Conway, P .E. Electrical/Instrumentation Engineer Craig Sollman, E.I. Project Engineer Jack Drweiga, E.!. Project Engineer 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER's project correspondence shall be directed to James McLellan, P.E., with copies to Tom Friedrich, P.E. All City project correspondence shall be directed to Robert Fahey, Engineer I, with copies to John Milligan, Superintendent of Wastewater. 8. INVOICINGIFUNDING PROCEDURES: Invoices will include a break down of charges to Marshall Street or Northeast with subtotals for each APCF and a total for the invoice. Contingency services will be billed in the same manner. Any supplements to this work order will include a break down between the two facilities. Invoices are to be mailed to the City of Clearwater, Attention: Marty Pages, Administrative Analyst, Public Works Administration, PO Box 4748, Clearwater, FL 33758-4748. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: 0315-96616-561300-535-000-0000 -1 10. SPECIAL CONSIDERATIONS: PREPARED BY: APPROVED BY: Thomas W. Friedrich, P.E. Vice President Jones Edmunds & Associates, Inc. Michael D. Quillen, PE City Engineer City of Clearwater Date Date ATTACHMENT A CITY OF CLEARWATER Design of Nitrate Recycle System Improvements at the Marshall Street and Northeast Advanced Pollution Control Facilities (APCF) PROJECT BUDGET J ones, Edmunds & Associates Other Direct Costs (prints, photocopies, postage, etc) - Northeast Other Direct Costs (prints, photocopies, postage, etc)-Marshall Street Subtotal-Northeast Subtotal-Marshall Street Grand Total Subconsultant Services Labor Total $3,000 $3,000 $30.000 $30.000 Subtotal $33,000 $35,500 $35,500 $81.500 $81.500 Subtotal $117,000 $2,500 $2.500 $41,000 $114.000 $155,000 Task Description PHASE I - Preliminary Engineering Report (30%) 1.0 Northeast Evaluation, Hydraulics Calculations & Report 2.0 Marshall Street Evaluation, Hydraulics Calculations & Report PHASE 2 - SYSTEM DESIGN 3.0 Develop Design Documents & Review Meetings for Northeast 4.0 Develop Design Documents & Review Meetings for Marshall The City of Clearwater has a contractual agreement with the City of Safety Harbor to treat up to 4.0 million gallons per day (MGD) of wastewater from Safety Harbor. Clearwater and Safety Harbor are in agreement to share costs of improvements and modifications on a proportionate basis. Currently, all Safety Harbor flows are treated at the Northeast APCF which has a plant capacity of 13.5 MGD. Therefore, on flow basis, Safety Harbor utilizes 4.0/13.5 or 29.6 percent of the allotted Northeast APCF capacity and, therefore is responsible for 29.6 percent of the costs for the improvements to the Northeast APCF. Accordingly, the following is breakdown of our proposed fee that shows the portion of the fee applicable to the work at each of the two APCFs covered under this Work Order: Item TOTAL Marshall St. APCF $114,000 Northeast APCF $41,000 Therefore, Safety Harbor would be responsible for 29.6% of the $41,000 portion of the fee associated with the modifications at the Northeast APCF, or $12,136. CITY OF CLEARWATER ENGINEERING DEPARTMENT Jones, Edmunds & Associates NITRATE RECYCLE SYSTEM IMPROVEMENTS MARSHALL ST & NORTHEAST APCF ATTACHMENT "B" FORMA T The design plans shall be compiled utilizing one of the following two methods. 1. City of Clearwater CAD standards. 2. Pinellas County CAD standards 3. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1993/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. DELIVERABLES The design plans shall be produced on stable-based mylar or vellum material, 24" x 36" at a scale of 1" = 20' unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Land Desktop (Land Desktop 2000 or later format, including all associated dependent files. When is not available, upon approval by the City of Clearwater Project Manager, a standard ASCII file can be delivered with all associated drawing and dependent files. The ASCII file shall be a comma or space delimited containing code, point number, northing, easting, elevation and description for each data point. Example below space delimited ASCII file: POINT # NORTHING 284 1361003.838 EASTING 264286.635 ELEV 25.00 DESC BCV or comma delimited ASCII file: 284,361003.838,264286.635,25.00, BCV (PNEZD) An AutoCAD Release 2000 or later drawing file shall be submitted. NOTE: If approved deviation from Clearwater or Pinellas County CAD standards are used the consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727)562-4762 or email addressmailto:tom.mahony@myclearwater.com ~ All electronic files must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. ~~ u~ City Council Cover Memorandum Tracking Number: 1,324 Actual Date: 06/02/2005 Subject I Recommendation: Approve the final plat for "TOWNHOME MANORS OF COUNTRYSIDE PHASE 1" located approximately 250 feet West of U.S. 19 and 1000 feet north of Sunset Point Road. Summary: This is a replat of a part lot 6, Blackburn subdivision The property is within the city limits of Clearwater consisting of 1.8 acres more or less. The final plat will create 32 townhome lots. The proposed project was approved by the Community Development Board on 4/19/05 The property is zoned as Medium Density Residential. A copy of the plat is available for review in the City Clerk's office. Originating: Engineering Section Consent Agenda Category: Plat Files Number of Hard Copies attached: 1 Public Hearinq: No Financial Information: Review Approval Glen Bahnick 05-09-2005 10: 15:37 Garrv Brumback 05-19-2005 07:56:34 Michael Ouillen 05-09-2005 10:35:52 Bill Horne 05-19-2005 16:25:56 Cyndie Goudeau 05-19- 2005 16:31 :44 ENS - .3 J l. b Location Map CJ McCORMICK L() L() Ii rn en rn ::l J[:=JI ]CJ City of Clearwater ~_rwater N Public Works Administration / Engineering w4t' REPLA T TOWNHOME MANORS OF COUNTRYSIDE PHASE 1 u~ ~ S Drawn By: 5.K Reviewed By: T.M Scale; N. T. S. Grid # 254B S-T-R 6-29s-16e Date: 05/04/05 ~.~ u~ _=,,"...,,~wgend!,",,,~9ver Me~!!!,~,~!,,~,dum City Council ENg-1 1).7 Tracking Number: 1,325 Actual Date: 06/02/2005 Subject I Recommendation: Approve the final plat for "COURT STREET TOWNHOMES" located at 830 Court Street being the Northwest corner of Court Street and Prospect Avenue. Summary: This is a replat of a lot 6, block 10 of Aiken Subdivision The property is within the city limits of Clearwater consisting of 0.39 acres more or less. The final plat will create 13 town home lots. The proposed project was approved by the DRC on 2/15/2005 The property is zoned as Downtown. A copy of the plat is available for review in the City Clerk's office. Originating: Engineering Section Consent Agenda Category: Plat Files Number of Hard Copies attached: 1 Public Hearing: No Financial Information: Review Approval Glen Bahnick Neil Thompson 05-17-2005 10:42:42 05-19-2005 16:30:44 05-17-2005 10:50:27 05-19-2005 07:55:40 05-18-2005 12:09:01 05-19-2005 16:26:28 Cvndie Goudeau Michael Ouillen Garrv Brumback Si II Horne Location Map S.R. 60 CLEVELAND COURT PROJECT SITE TURNER ST 8T IS' PINE RD w DRUID RD N City of Clearwater ~.rwater w4t. Public Works Administration / Engineering COURT STREET TOWNHOMES s Lot 1, Block 15, Aiken Subdivision Pb 42 Pg 19 U~ ~ Drawn By: S.K Reviewed By: T.M Scale: N. T. S. Grid # 287A S-T-R 15-29s-156 Date: 05/05/05 Item 11. 7 (CC Mtg 06-02-05) Re: Refer to Report & Studies Note: Plat too large to scan. Replat of a lot 6, block 1 0 of Aiken Subdivision. 1__ ~~ u~ City Council ~_~g,~nda =~,~!~,r ,,~,,~!!!,~,,~!,!1d u m ENS - S 11.8 ,,,"~m,,",;"@_,==,,,,*,";'wm*,,,,,,,,,,,",,,.,,,,,>,_,,,,*,",,,,,,",,,*,,,"""'m';""""""""m,,,,,,".,,,""..,,,..,,;*~~>~,,.";.,,.=.,,m~ Tracking Number: 1,326 Actual Date: 06/02/2005 Subject / Recommendation: Approve a work order to TBE Group, Inc., in the amount of $447,800 for engineering design services related to the Flow Monitoring and Model Recalibration Project (05-0007-UT),and that the appropriate officials be authorized to execute same. Summary: The City has requested the services of TBE Group to perform investigations and record data on wastewater flow rates at selected points in the City's wastewater collection system. This data will supplement the data collected during the City's Sanitary Sewer Evaluation and Self-Audit (SSES) completed by TBE in February of 2002. This type of effort is consistent with the City's proactive approach to identifying infrastructure in need of improvement prior to failure. The flow monitoring will be performed to provide information in those areas identified in the previous SSES project as "problem" areas. These areas would be those that show significant inflow and infiltration or otherwise had recorded flow measurements that were significantly inconsistent with the levels anticipated based on the system size, configuration and properties connected upstream of the flow monitoring points. The observed data will be used to better determine where these problems are within the system allowing staff to better use resources in taking corrective actions. The new data will also be used to calibrate a computer software model of the collection system. This program was limited in capabilities at the time of the 2002 project, but now can represent a much more detai,led system. This tool will allow the engineer to look at different scenarios in the design phase of future projects to assist in determining system impacts of changes in flow or collection system configuration. This project will produce a much more complete hydraulic model of the City's wastewater collection system for in-house use delivered upon completion, and a preliminary findings report from TBE analysis of the flow data within the newly created model. It is anticipated that the project will be accomplished in 180 days. TBE Group is one of the City's Engineers-of-Record, and this work order was negotiated in accordance with the Consultants Competitive Negotiations Act. Resolution 04-36 was p assed on December 16, 2004, establishing the City's intent to reimburse certain project costs incurred with future tax-exempt financing. The projects identified with 2006 revenue bonds as a funding source were included in the project list associated with Resolution 04-36. Sufficient budget for interim financing or 2006 Water and Sewer Revenue Bond proceeds when issued is available in the Capital Improvement Program project, 0378-96665, Sanitary Sewer R & R, to provide the funding for this Work Order. A copy of the work order is available for review in the Official Records and Legislative Services office. Originating: Engineering City Council ,",~_~g,!!nda ~~!w~!.=~w~.!!!,~randu~ ~~ u~ Section Consent Agenda Cateaory: Agreements/Contracts - with cost Number of Hard Copies attached: 0 Public Hearing: No Financial Information: ~ Capital Expenditure Bid Required? No Bid Exceptions: Sole Source In Current Year Budget? Yes Budget Adjustment: No Current Year Cost: $447,800.00 Annual Operating Cost: $0.00 For Fiscal Year: 10/01/2004 to 09/30/2005 Total Cost: $447,800.00 Appropriation Code(s) 0378-96665-561300-535-000 Amount $447,800.00 Comments Sanitary Sewer R&R Review Approval Glen Bahnick 05-09-2005 13:57:34 Brvan Ruff 05-10-2005 15: 15:43 Bill Horne 05-18-2005 16:02:39 Michael Ouillen 05-09-2005 16:28:44 ~.~ u.~ ~,_".,..~"..,.".~,overw,~,em!:!!:!"!'!"~lJ!!!,w,,,"..,.,....,..,_".".."..",.",.~= City Council Cvndie Goudeau 05-18-2005 16:08:24 Tina Wilson 05-10-2005 14:43:01 Garry Brumback 05-18-2005 14:01:12 ~~ " :E 1\45 -5 ~: tJ.8 CITY OF CLEARWATER Public Works Administration TBE GROUP INC Work Order Initiation Form Date: May 2, 2005 TBE Project Number City Project Number _05-0007-UT PROJECT TITLE: Sanitary Sewer Collection System Flow Monitoring and Model Recalibration 1. BACKGROUND The purpose of this proj ect is to expand and re-calibrate the City's existing Info W orks™ hydraulic model. This will be accomplished through flow monitoring, recalibration of the InfoWorks™ hydraulic model and limited modeling and analysis of the collection system. 2. SCOPE OF SERVICES The ENGINEER shall perform services for the CITY related to the recalibration of the sanitary sewer system hydraulic model. The scope of work includes, but is not limited to: monitoring wastewater flows at 35 locations; adding 8-inch diameter pipes to the existing model, adding 17 pump stations and associated operating and flow data, updating the operating information on 39 pump stations currently in the existing model, incorporating pipe lining projects into the model for reduced pipe size and redistributing wastewater flow and population per basin to the 8-inch diameter pipelines. Sedimentation data, if available and major water user information will also be updated in the model. A. Existing Data 1. Obtain pump station and plant flow records; sanitary sewer atlas updates, overflow reports, rainfall records and other applicable records. 2. Receive and review development data such as zoning, land use, population, major water users, etc. from City. B. Prepare System Database 1. Add 8-inch diameter pipelines and corresponding manholes (there are approximately 1,122,450 l.f. of8-inch pipelines) Page 1 of8 2. Populate manhole database, e.g. rim, and invert elevations. Best available information and interpolation shall be used. Any verification or survey required shall be performed by the City. 3. Populate pipe database, e.g. diameter, liner, type, elevation. Best available information and interpolation shall be used. Any verification or survey required shall be performed by the City. 4. Populate force main database, e.g. diameter, type. Best available information and interpolation shall be used. Any verification or survey required shall be performed by the City. c. System Investigations 1. Discuss and clarify issues with collection system personnel, lift station personnel and engineering personnel as required. 2. Conduct field reconnaissance and investigations. 3. Review lift station operating records, track and review force mains for lift stations to determine flow directions and alternative discharge points if any. Discuss and clarify issues with lift stations and force mains with staff. 4. Field investigate sewer mains for unusual hydraulics and geometry. 5. Review the wastewater treatment plants' operating records during wet and dry conditions. D. Model Expansion 1. Obtain and extract existing map data into GIS Database. 2. Build database of pipes and manholes. 3. Check & resolve missing data. 4. Create rainfall polygons (Theissen Polygons). 5. Create flow meter basins. 6. Convert zoning boundaries into land use inputs for model. 7. Re-distribute, from existing model, calculated storage volume of not-modeled sewers. Page 2 of8 8. Add seventeen (17) Pump Stations and associated flow and operating data as provided by the City. 9. Update the operating data on the thirty nine (39) Pump Stations currently in the model. Operating data to be provided by the City. 10. Update pipe sizes and system improvements. 11. Re-distribute 2020 model population. E. Initial Analysis 1. Determine impacts to the system from various wet weather events. F. Prepare System Maps 1. Prepare maps for the sewer system delineating: flow monitoring points, flow meter basins, overflows and other pertinent information including data visualization of results. G. Project Coordination 1. Conduct up to 3 project team meetings. 2. Coordinate with City representatives for the following City activities: cleaning, GIS, and surveying. 3. Issue 3 progress reports. H. Conduct Flow Monitoring 1. Install up to 35 flow meter locations (47 monitoring points) in suspect areas and in areas in which overflows have been reported; record flows for 2 months (wet and dry weather). Flow monitors will be maintained on a weekly basis and shall include upload and interrogation of all flow data, meter calibration, weekly velocity profiling and other diagnostics checks. Base flow, infiltration and inflow will be determined for each monitoring point. 2. The City shall provide data on their 12 continuous recording, electronic rain gauges during the same base flow monitoring period. The gauges will record rainfall to one- hundredths of inch increments. The instruments will be checked and downloaded weekly and the data provided electronically to TBE. Page3 of 8 3. The flow data from the following flow monitoring basins, previously identified and modeled in the Sanitary Sewer System Evaluation Self Audit Phase 2 Final Report, shall remain the same and be used in the model recalibration: Basins 2,3,8,9,10,11,13,15,16,17,20,23,26,27,32,33 and 35. I. Model Re-Calibration The Info Works Hydraulic Model will be recalibrated for dry weather flows and three (3) wet weather observed storm events. The model will be updated with NEXRAD rainfall data, flow meter basins, population per basin, current pipe network, WWTP influent data, major water users and current pump station information. This scope of work includes, but is not limited to: 1. Data Analysis. a) Flow Metering Data. b) Rainfall Data. 2. Develop design flows a) Data Conversion into InfoWorks Input Observed Data Format. b) Develop Dry Weather Inputs - Build Info Works Wastewater Generator File (InfoWorks File *.WWG). c) Develop Design Storms (Wet Weather Events). d) Review TP40 for Baseline Data. Apply Nexrain data e) Develop Design Input Files (InfoWorks Files *.RED). 5-Year Storm lO-Year Storm 3. Dry weather observed calibration - Calibration model results to flow measurements. a) Calibrate pump stations to flow measurements. 4. Wet weather observed events calibration. a) Build InfoWorks Runoff Parameters File (Info Works File *.RPF). b) Calibration Runs. Storm A - Small Storm with System Response, if available. Storm B - Medium Storm with System Response, if available. Storm C - Larger Storm with System Response, if available. c) Update Pump Station Calibration. d) Develop System Response Curves from Observed Storm Runs. Plot Calibration Data. Create Design Model Input Files (Info Works *.RPF File). Page 4 of8 J. Sanitary Sewer Hydraulic Model Analysis 1. Conduct storm studies, rainfall analysis and design storm selection. 2. Analyze flow input. K. Final Report Six copies of the Final Report will be provided that will include the following: a) Executive Summary b) Flow and rainfall analysis c) Flow data analysis d) Model Calibration e) Revised ranking of each meter basin and model results t) Preliminary recommendations for future actions based on size of meter basin and model results 3. GOALS Provide a recalibrated hydraulic model of the sanitary sewer collection system on pipes 8- inches in diameter and above. 4. BUDGET The estimated budget amount for this project is $447,800.00. This price includes labor and expenses anticipated to be incurred for the completion of this work. 5. SCHEDULE Services to be rendered will commence upon written notice from the City and is estimated to be completed in six months. 6. TBE STAFF ASSIGNMENTS Title-Name Phone Number Extension Number 531-3505 ext 1540 531-3505 ext 1542 531-3505 ext 1546 Principal in charge/Project Liaison - Robert G. Brown, PE Director - Dorian Modjeski, PE Project Manager - Donald McCullers 7. CORRESPONDENCEIREPORTING PROCEDURES Correspondence shall be sent to Robert Fahey Engineer I, Utilities Engineering Department with copies to Todd Petrie, PE, Assistant Public Utilities Director, Scott Oster, Interim Page5of8 Wastewater Collection Superintendent and Lisa Murrin, PE, Utilities Engineering Manager. 8. INVOICING/FUNDING PROCEDURES A maximum fee of $447,800.00 has been established for this work order for each task as follows: TASK DESCRIPTION FEE A Existing Data $2,465.00 B Prepare System Data Base $17,720.00 C System Investigations $8,150.00 D Model Expansion $54,660.00 E Initial Analysis $3,575.00 F Prepare System Maps $8,240.00 G Project Coordination $6,455.00 H Flow Monitoring $220,210.00 I Model Recalibration $105,050.00 J Model Analysis $6,820.00 K Final Report $14,460.00 TOTAL ESTIMATED FEE $447,800.00 Payment shall be based on provision of payment computed by Method B - Lump Sum and will be invoiced as a percentage of the lump sum corresponding to the percentage of the scope of services completed, and in accordance with a progress report to be provided with each invoice, at the end of each month. Invoices are to be mailed to the City of Clearwater, Attention: Marty Pages, Administrative Analyst, Public Works Administration, PO Box 4748, Clearwater, FL 33758-4748. City Invoicing Code: 0378-96665-561300-535-000-0000 9. CITY RESPONSIBILITIES The CITY will provide the following for the ENGINEER to use and rely on: 1. Copies of all electronic databases, atlases, maps, plats, aerial photographs, record Page 6 of8 drawings, operating logs, maintenance files and other available information and data pertinent to the project design which the CITY may have in its possession. 2. Obtain any required permits. This includes submitting plans to other CITY departments. 3. Provide lift station pump records, curves, flow volumes, influent pipe elevations, wet well data, float elevations and other pertinent data. 4. Information and location of all lined pipelines. 5. Land use information as available from the CITY Planning Department. 6. Coordination. Personnel and resources to provide database information and direct interface with the City System. 7. Locating of underground facilities, if needed, verification or construction of improvements. 8. Access to all City wastewater facilities as required. 9. Locate and uncover underground utilities as required. Plug sanitary sewers as required. 10. Obtain access from private properties as required. 11. Provide dewatering as required. 12. Obtain Unlimited Node copy of the InfoWorks™ Hydraulic Model. 13. Provide TBE Group, Inc use of the City hydraulic model dongle during hydraulic analysis. 10. PROJECT DELIVERABLES Unless otherwise noted the following deliverables shall be provided to the City. 1. One Re-calibrated 2020 Hydraulic Model (Info W orks™) of the sewer system on pump stations and lines 8-inches in diameter and above. 2. Final Report. Six hard copies and one electronic copy of the Final Report will be provided that will include the following: g) Executive Summary h) Flow and rainfall analysis i) Flow data analysis Page 7 of8 j) Model Calibration k) Revised ranking of each meter basin and model results 1) Preliminary recommendations for future actions based on size of meter basin and model results 11. QA/QC I hereby certify as a licensed Professional Engineer (Architect), registered in accordance with Florida Statute 471 (481), that the above project's site and/or construction plans, to the best of my knowledge, information and belief, will meet all applicable design criteria specified by City municipal ordinance, State, and Federal established standards. It is my understanding that the project's Professional Engineer will perform a quality assurance review of these submitted plans. PREPARED BY: TBE: Date: Richard T. Doyle, AICP, PE Senior Vice President ACCEPTED BY: CITY: Michael D. Quillen, PE City Engineer Date: Page 8 of8 ~.~ u.~ _,,,,,~end!,,,,~~ver. Me,!!!"!?!.!!,d~~I!!"w"".w_.,.....,...,....."._~_.~~,ww,,,w."""w~.""'_'___ City Council EN3 - b Il,q Tracking Number: 1,328 Actual Date: 06/02/2005 Subject I Recommendation: Approve a work order to McKim & Creed, P.A., in the amount of $25,000 for supplementary engineering design services related to the Elevated Water Storage Tanks Modifications Project (04-0048-UT),and that the appropriate officials be authorized to execute same. Summary: The City has requested the services of McKim & Creed to produce a biddable set of construction documents outlining improvements to be made at the City's North Elevated Storage Tank located near Weston Drive and Otten Street and also the South Tank located near Martin Luther King Blvd and Harvey Lane. Council previously approved a work order on October 21, 2004, authorizing McKim & Creed to start the design of the EST Improvements. The original fee ($93,500.00) was under the limit requiring Council approval, but with the addition of the fee for the supplemental work (new total: $118,500.00), this limit has been surpassed requiring Council approval before proceeding. The tanks were taken out of service due to concerns over water quality since the existing potable water system pressures remain fairly constant, hindering turnover in the tanks. The Elevated Storage Tank Modifications Project was identified as one of the Capital Improvements Projects recommended in the Potable Water System Infrastructure Assessment and Capital Improvements Implementation Plan, recently completed by Parsons. The proposed modifications to the EST's will help to enhance potable water system pressures within the area of influence of the tanks and improve the ability to meet fire flow requirements in those areas of influence as well. New tasks to be added to the original work order include enhancements to SCADA associated with the tanks, lead screening tests on the existing paint system and soil samples, obtain available tank drawings for City records and various minor structural modifications to ladders and manways as indicated in a separate inspection report performed by Pittsburgh Tank and Tower. It is anticipated the design project will be accomplished in 45 days. McKim & Creed is one of the City's Engineers-of-Record, and this work order was negotiated in accordance with the Consultants Competitive Negotiations Act. Resolution 04-36 was passed on December 16, 2004 , establishing the City's intent to reimburse certain project costs incurred with future tax-exempt financing. The projects identified with 2006 revenue bonds as a funding source were included in the project list associated with Resolution 04-36. Sufficient budget for interim financing or 2006 Water and Sewer Revenue Bond proceeds when issued is available in the Capital Improvement Program project, 0378-96760, Elevated Water Tanks Update, to provide the funding for this Work Order. A copy of the work order is available for review in the Official Records and Legislative Services department. Originating: Engineering ~~ u~ City Council _==,w...=,~.~"!=.=~ove! M~!!!.~,~.~w!'!!:I u m t_","""""",~'''''''''''""''''';iW;;,;'@",.,.''"''W.",'''''",~**'""''''''",''''''''''''''''''''''''';*'%~'@;'''''''''''-''~ Section Consent Agenda Category: Agreements/Contracts - with cost Number of Hard Copies attached: 0 Public Hearing: No Financial Information: ~ Capital Expenditure Bid Required? No Bid Exceptions: Impractical to Bid In Current Year Budget? Yes Budget Adjustment: No Current Year Cost: $25,000.00 Annual Ooerating Cost: $0.00 For Fiscal Year: 10101/2004 to 09/30/2005 Total Cost: $25,000.00 Appropriation Code(s) 0378-96760-561300-533-000 Amount $25,000.00 Comments Elevated Water Tanks Update Review Approval Glen Bahnick 05-09- 2005 13: 37: 11 Brvan Ruff 05-12-2005 11:39:18 Bill Horne 05-18-2005 09:21:56 Michael Ouillen 05-09-2005 16:24:32 ~~ u~ Cvndie Goudeau Tina Wilson Garry Brumback City Council ft,,"~g~enda "~~y~r_f1~,.!!!~rand~!!!"''''_ft'''''' 05-18-2005 09:49:47 05-10-2005 14:38:03 05-16-2005 18: 13: 12 DRAFT ,. ~~&CREED CITY OF CLEARWATER ENGINEERING DEPARTMENT McKIM & CREED, P.A. WORK INITIATION FORM ~., EIYJ-b R~: II. q DATE: May 3, 2005 City Project No: 04-0048-UT M/C Project No: 0992-0129 1. PROJECT TITLE: Elevated Water Storage Tanks Modifications Additional Services 2. SCOPE OF WORK: SUMMARY The City of Clearwater has requested several modifications to the original scope of work for this project including converting the existing telemetry systems at the North and South Elevated Water Storage Tanks from Data Flow System (DFS) to Spread Spectrum technology, evaluation of the presence of lead within the existing paint and surrounding soils, obtain available drawings of the tanks, and to replace the existing roof manways. Additionally, this work authorization identifies credit to be provided to the City for tank modification work originally in the contract that will not be performed. The Scope of Work to be provided is outlined as follows: SCOPE OF WORK Phase 4 Additional Services 1. Prepare drawings, details and specifications for converting the existing DFS telemetry to Spread Spectrum technology including new PLC and supporting components, replacement of the existing antenna and telemetry radio with hardware compatible with microwave frequency and evaluation of radio communications path through computer modeling and site tests. 2. Incorporate spread spectrum telemetry signals into existing Citect control software at the water plants, including programming of the local RTUs for control of the tanks and communications to the RO plant, modification of the polling master to include the two tanks in the communications routine, implementation of the data base points and graphics, connection of these points into the Plant2Business system and updating SQL to make the data available to non-Citect users. 3, Purchase available tank drawings for the City's three elevated water storage tanks (Del- Oro, North and South) from Chicago Bridge and Iron (CB&I). CITY OF CLEARWATER - Elevated Water Storage Tanks Modifications Additional Services May 3,2005 Page 2 4. Provide lead screening services at the north and south tanks to verify the presences of lead in the existing paint system. Determination of a lead based paint primer will require specific guidelines are met during its removal. Incorporate the results into the specifications and construction drawings. 5. Provide for the analysis of soil samples at the north and south tanks to establish baseline lead concentrations in the existing soils. The baseline lead concentrations will be used to determine if lead concentrations in the surrounding soils were increased during the removal of the existing paint system. Incorporate the results into the specifications and construction drawings. 6. Prepare drawings, details and specifications for the installation of a new 24-inch roof manway. The new manway will open away from the roof ladder and will have provision for a padlock. 7. Original tank modification work not to be conducted and therefore credited to the City includes: a. Raising the height of the handrail from 36-inch to 42-inches, b. The addition of a second 36-inch roof manway, and c. Provide an interior platform. 3. PROJECT GOALS - WORK PRODUCTS: 1. Incorporate the Spread Spectrum conversion, results of the lead screening, results of the soil sampling and the 24-inch roof manway into the 90% and 100% submittals of the Progress Drawings and Technical Specifications. 2. Provide copies of the received tank drawings to the City for file. 3. Final Report on the lead screening activities. 4. Final Report on the soil sampling activities. 5. Updated Citect control software and documentation reflecting Spread Spectrum Conversion at the tanks. 4. BUDGET The fees and credits for the various tasks are outlined below: Phase 4 Items 1-5 $ 28,400.00 PW050229 I CITY OF CLEARWATER - Elevated Water Storage Tanks Modifications Additional Services May 3, 2005 Page 3 Item 6 ($ 3.400.00) TOTAL $25,000.00 5. SCHEDULE We will complete the design tasks following receipt of Notice to Proceed as outlined in the schedule below: Activity Weeks Following NTP 90% Design 100% Design 4 9 Note: Item 2 will commence during construction phase. 6. STAFF ASSIGNMENTS: City: McKim & Creed: Lisa Murrin, Rob Fahey, Lou Badami David Wehner, Mike Tweedel 7. CORRESPONDENCE/REPORTING PROCEDURES: All McKim & Creed Correspondence shall be directed to David Wehner. All City correspondence shall be directed to Rob Fahey with copies to Lisa Murrin and Lou Badami. 8. INVOICING/FUNDING PROCEDURES: Please invoice monthly for work performed as detailed in McKim & Creed Continuing Contract. Invoices will be transmitted to the City of Clearwater, Attn: Marty Pages, 100 S. Myrtle Ave., #220, Clearwater, FL, 33756-5520, or P.O. Box 4748, Clearwater, FL, 33758- 4748. Charge this work to City Code No: 0378-96760-561300-533-000-0000 9. ENGINEER CERTIFICATION I hereby certify as a licensed Professional Engineer, registered in accordance with Florida Statute 471, that the above project's site and/or construction plans meet or exceed all applicable design criteria specified by City municipal ordinance, State, and Federal established standards. I understand that it is my responsibility as the project's Professional Engineer to perform a PW050229 CITY OF CLEARWATER - Elevated Water Storage Tanks Modifications Additional Services May 3, 2005 Page 4 quality assurance review of these submitted plans to ensure that such plans are free from errors and/or omissions. Further, I accept that the City's Final Inspection for a Certificate of Occupancy does not relieve me of my own quality assurance review. I hereby certify that all facilities have been built substantially in accordance with the approved permit design plans and that any substantial deviations (described in attachment) will not prevent the system from functioning in compliance with the requirements of applicable regulatory authority. This certification shall apply equally to any further revision and/or submittal of plans, computations, or other project documents which I may subsequently tender. 10. SPECIAL CONSIDERATIONS: None PREPARED BY: Michael D. Quillen, P.E. City Engineer McKim & Creed: A. Street Lee, P.E. Vice President CITY: PW050229 CITY OF CLEARWATER - Elevated Water Storage Tanks Modifications Additional Services May 3, 2005 Page 5 CITY OF CLEARWATER ENGINEERING DEPARTMENT McKIM & CREED WORK INITIATION FORM Attachment "A" CITY DELIVERABLES FORMAT The design plans shall be compiled utilizing one of the following two methods. 1. City of Clearwater CAD standards. 2. Pinellas County CAD standards 3. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1993/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. DELIVERABLES The design plans shall be produced on stable-based mylar or vellum material, 24" x 36" at a scale of 1" = 20' unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Land Desktop (Land Desktop 2000 or later format, including all associated dependent files. When is not available, upon approval by the City of Clearwater Project Manager, a standard ASCII file can be delivered with all associated drawing and dependent files. The ASCII file shall be a comma or space delimited containing code, point number, northing, easting, elevation and description for each data point. Example below space delimited ASCII file: POINT # NORTHING 284 1361003.838 EASTING 264286.635 ELEV 25.00 DESC BeV or comma delimited ASCII file: 284,361003.838,264286.635,25.00, BCV (PNEZD) An AutoCAD Release 2000 or later drawing file shall be submitted. NOTE: If approved deviation from Clearwater or Pinellas County CAD standards are used the consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727)562-4762 or em ail addressmailto:tom.mahony@myclearwater.com ~ All electronic files must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. PW050229 City Council Cover Memorandum CA - )7 II. 10 Tracking Number: 1,329 Actual Date: 06/02/2005 Subject / Recommendation: Approve the Land Transfer Agreement between the City and Sunspree Green, LLC ("Developer") and DAM Devon, LLC, (Affiliate) for property located at 41 Devon Drive, Clearwater, FL and authorize the appropriate officials to execute same. Summary: DAM Devon, LLC owns certain real property located at 41 Devon Drive, Clearwater. The property is presently improved and used as a motel. The Developer, Sunspree Green, LLC, has received site plan approval for a condominium project to be developed on real property located at 715 South Gulfview Boulevard, Clearwater. To facilitate development of the condominium project, the Community Development Board approved a transfer of development rights from the Devon Drive property and certain other property to the condominium project. All of the development rights to the Devon Drive property will be transferred to the Sunspree Property. The Developer proposes to transfer the property to the City of Clearwater pursuant to the Development Order approved by the CDB. Since the Devon Drive property retains no density or F.A.R. it would be suitable only for use as open space or a parking lot. This Land Transfer Agreement provides the Developer will demolish the existing structures at its expense and construct a surface parking lot. The City will be responsible for engineering, design and permitting. Originating: City Attorney Section Consent Agenda Category: Agreements/Contracts - without cost Public Hearing: No Financial Information: Review Approval Pam Akin 05-11-2005 11 :40:57 Cvndie Goudeau 05-18-2005 09:05:06 LAND TRANSFER AGREEMENT ~~" CA-rl R~:-' II. /0 TH IS LAND TRANSFER AGREEMENT (the "Agreement") is made and entered into by and between SUNSPREE GREEN, LLC, a Florida limited liability company (the "Deyeloper"), DAM DEVON LLC, a Connecticut limited liability company ("Affiliate") and THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (the "City"). RECITALS A. Affiliate owns certain real property located in the City of Clearwater, Pinellas County, Florida, described on the attached Exhibit "A" (the "Property"). The Property is presently improyed and utilized as a motel. The Property has the following address: 41 Deyon Driye, Clearwater Beach, Florida 33767, ParceIID#08/29/15/17550/002/0011. B. The Developer has receiyed site plan approval for a condominium project to be deyeloped on real property described on the attached Exhibit "B" (the "Project"). C. To facilitate deyelopment of the Project, the Community Deyelopment Board approved a transfer of 10 residential dwelling units from the Property and 3 residential dwelling units from certain other property to the Project as further described in the site plan approval application ("Deyelopment Rights Transfer"). D. Following the Development Rights Transfer, there will be no remaining development entitlements ayailable to the Property. E. Affiliate is an affiliate of the Developer and joins in this Agreement to assure compliance with the covenants of Developer pertaining to the Property. F. Article 4, Diyision 14 of the City of Clearwater Land Development Regulations impose certain requirements for Deyelopment Rights Transfer and this Agreement is executed to set forth certain terms and provisions for the Development Rights Transfer, including the conveyance of the Property to the City. NOW, THEREFORE, for and in consideration of the Recitals which are an integral part of this Agreement and not mere recitals hereto, the sum of Ten and no/100 Dollars ($10.00), and other good and yaluable consideration, the receipt and sufficiency of which are hereby acknowledged by the Developer and the City, it is hereby agreed as follows: 1. LAND TRANSFER. 1.1 Transfer. Subject to the conditions hereafter set forth, the Deyeloper and Affiliate agree to transfer and convey to the City, the Property. The Deyeloper and Affiliate agree that the City and its agents, contractors or employees shall have the right to enter upon the Property during the term of this Agreement for the purpose of performing any inspections proYided said actiyities shall not in any way damage or harm the Property and, provided further, all inspections shall be coordinated with Developer so as to preyent any unreasonable interference with Developer and Affiliate's use of the Property. Page 1 Land Transfer Agreement 1.2 Closino Date. Subject to the terms and conditions of this Agreement, the conyeyance of the Property to the City (the "Closing") shall take place in Clearwater, Florida, at the offices of the City attorney, on or before days after satisfaction of the Contingency as proYided in Section 3.5 below. 1.3 Propertv Taxes/Utilities. Deyeloper shall pay all property taxes through the Closing Date and the parties shall cooperate to haye the Property remoyed from the tax rolls as required by Florida law. All utility bills and other expenses relating to the Property shall be paid by Deyeloper. 1.4 Transfer of Deyelopment Rights. Prior to Closing, Affiliate shall execute and deliyer to Developer a special warranty deed transferring 10 residential dwelling units ("Deyelopment Rights") from the Property to the Project ("TOR Deed"). The TOR Deed shall be substantially in the form attached hereto as Exhibit "C" and incorporated herein. Affiliate shall cause the holder of any mortgage on the Property to consent to the transfer of the Development Rights. The TOR Deed shall be recorded in the Public Records of Pinellas County, Florida. The City acknowledges that the Deyelopment Rights constitute all of the entitlements allocated to the Property and following the deliyery of the TOR Deed, there will be no remaining deyelopment entitlements available to the Property. 2. TITLE REQUIREMENTS, SURVEY AND PERMITTED EXCEPTIONS 2.1 Title Eyidence. Within twenty (20) days after the Effectiye Date, the Deyeloper shall provide to the City a commitment for title insurance covering the Property and issued by Chicago Title Insurance Company (the "Title Company"), which commitment (the "Title Commitment") shall agree to issue to the City, upon Closing, an owners title insurance policy insuring the Property without exception for any matters other than the Permitted Exceptions as hereinafter set forth in Section 2.4. 2.2 Survev. Within forty-five days after the Effectiye Date, Deyeloper at its cost and expense, shall proYide to the City a current survey of the Property (the "Survey"). In the eyent the Survey shows any material encroachments of any improyement upon, from or onto the Property or on any property line or easement, said encroachment shall be deemed to be a title defect and may be treated as an objection to title by the City under Section 2.3 hereof. 2.3 Cure of Title Defects. The City or its counsel shall notify the Developer within ten (10) days after receipt of the later of (a) the Title Commitment (together with copies of any and all exceptions noted therein) and (b) the Survey, if the Title Commitment and/or the Survey disclose any defects in the title to the Property other than the Permitted Exceptions. In the event the Title Commitment and/or the Survey disclose any condition which renders the title to the Property anything other than marketable and insurable, subject only to the Permitted Exceptions, to which the City objects, City shall give written notice to Developer stating the nature of the objection with specificity and the action required to cure the objection. If within thirty (30) days after receipt of such notice, the Deyeloper shall have been unable to render title marketable and insurable, the City may, at its election, (i) elect to waive the title defect and proceed with the Closing, or (ii) cancel this Agreement whereupon this Agreement shall be deemed terminated, and each of the parties shall be relieved of all further obligations hereunder. 2.4 Permitted Exceptions. The Property shall be conyeyed to City subject to no liens, charges or encumbrances of any kind or character other than (i) ad valorem taxes and assessments Page 2 Land Transfer Agreement for the year of Closing, (ii) zoning ordinances and other governmental rules, regulations and laws affecting the Property, (iii) restrictions, dedications, conditions, reservations, easements and other matters shown on the plat of Columbia Subdivision, as recorded in Plat Book 23, Page 60, Public Records of Pinellas County, Florida, (iv) the restrictions set forth in the TDR Deed; and (y) such other matters as may be approyed in writing by the City or title objections waiyed by the City pursuant to Section 2.3 hereof (collectively, the "Permitted Exceptions"). 3. PROVISIONS WITH RESPECT TO CLOSING 3.1 Possession. Exclusiye possession of the Property shall be granted by the Deyeloper to the City on the Closing Date, but with the understanding that the City and/or its agents may enter upon the Property during the entire term of this Agreement in connection with the performance of its inspections. 3.2 Deyeloper's Oblioations at Closino. At Closing, the Deyeloper and/or Affiliate, as appropriate, shall do the following: (1) Execute, acknowledge and deliyer to the City a Special Warranty Deed (the "Deed") conveying the Property to the City, subject only to the Permitted Exceptions, which shall be in statutory form for recording. (2) Execute and deliyer to the City a lien and possession affidayit in sufficient form and substance so as to allow the Title Company to remove the construction lien and parties-in- possession exceptions from the title policy. (3) Execute and deliyer a certification that Deyeloper is not a foreign person as referred to in Section 7.13 hereof. 3.3 City's Oblioations at Closino. Contemporaneously with the performance by the Deyeloper of its obligations set forth in Section 3.2 aboye, the City shall: (1) Execute and deliver all other documents as may be required by this Agreement. (2) Together with Deyeloper, execute a closing statement in customary form. 3.4 Closino Costs. (1) The Developer shall pay the following costs and expenses in connection with each Closing: (a) Property. All documentary stamps in connection with the conveyance of the (b) (c) Recording fees in connection with the deed. The cost of the Survey. (d) The premium for the City's Owner's Policy in the amount of $100,000.00 and all other title charges. Page 3 Land Transfer Agreement (e) Its attorney's fees. (2) Closing: The City shall pay the following costs and expenses in connection with the (a) Its attorney's fees. (b) All costs incurred by City during the Inspection Period. 3.5 Continaency. Developer's obligation to close under this Agreement is contingent upon the satisfaction of all of the following contingency (the "Contingency"): Approval of this Agreement by the Clearwater City Council on or before ,2005. 4. COVENANTS. WARRANTIES AND REPRESENTATIONS The Deyeloper expressly coyenants, warrants and represents to the City the following matters: (1) Compliance With Laws. The Deyeloper has received no written notice addressed to it of any yiolation of any applicable laws, ordinances, regulations, statutes, rules and restrictions pertaining to and affecting the Property. (2) Riahts of Acquisition. No other person, firm, corporation or other entity has any right or option to acquire the Property or any portion thereof. (3) Parties in Possession. There will be at Closing no parties in possession of any portion of the Property, whether as lessees, tenants at sufferance, trespassers or otherwise. (4) Authority of Deyeloper. The Developer has full authority to execute this Agreement, to comply with its terms and to consummate the transactions contemplated herein. The undersigned member of Deyeloper has full power and authority to execute and deliyer this Agreement on behalf of Developer and upon such execution and deliyery this Agreement shall be binding and enforceable against Deyeloper in accordance with its terms. The execution by the Deyeloper of this Agreement and the consummation by the Deyeloper of the transactions contemplated hereby do not, and will not, constitute a violation of any order, rule or regulation of any court or any federal, state or municipal regulatory body or administratiye agency or any other governmental body having jurisdiction over the Developer or any portion of the Property. No approval or consents by third parties, or governmental authorities, are required in order for the Deyeloper to consummate the transactions contemplated hereby. 4.1 No Other Representations. No representation or inducement, whether oral or written, made prior hereto which is not included in this Agreement shall have any force or effect. 4.2 Representations and Warranties. As a condition precedent to the City's obligation to purchase the Property, the coyenants, representations and warranties set forth in this Article 4 and elsewhere in this Agreement must be true and correct at the time of Closing, and, unless the Deyeloper shall haye otherwise expressly notified the City in writing to the contrary, all representations, coyenants and warranties of the Deyeloper contained herein shall be deemed to have been affirmed in their entirety as of the time of Closing. Such covenants, representations and warranties shall not surviye Closing. Page 4 Land Transfer Agreement 5. PROVISIONS WITH RESPECT TO DEFAULT 5.1 Default By Developer. In the event the Developer fails to comply with any of its obligations or conditions hereunder for any reason except for (i) any permissible reasons set forth herein or (ii) the City's default, the City shall have the right to (i) cancel this Agreement, (ii) seek the specific performance of this Agreement. It is expressly proYided, howeyer, that the City shall proYide the Deyeloperwith written notice of any default hereunderwhich notice shall proYide the Deyeloper with a twenty (20) day grace period within which to cure any default of which notice has been giyen or such longer period of time as is reasonably necessary to cure the default if the nature of the default is such that it cannot be cured within the twenty (20) day grace period and the Deyeloper is diligently and continuously prosecuting such cure to completion but, in no eyent, longer than ninety (90) days; proYided, howeyer, that notwithstanding the foregoing there shall be no notice requirement or curatiye opportunity in the event the default is a failure by the Deyeloper to close the transaction contemplated by this Agreement on the Closing Date. 5.2 Default Bv City. In the eyent the City should fail to consummate the transaction contemplated herein for any reason except for (i) any permissible reasons set forth herein or (ii) the Deyeloper's default, the Deyeloper may seek specific performance of this Agreement. The Deyeloper shall proYide the City with written notice of any default hereunder, which notice shall provide the City with a twenty (20) day grace period within which to cure any default of which notice has been giyen or such longer period of time as is reasonably necessary to cure the default if the nature of the default is such that it cannot be cured within the twenty (20) day grace period and the City is diligently and continuously prosecuting such cure to completion but, in no eyent, longer than ninety (90) days; provided, however, that notwithstanding the foregoing there shall be no notice requirement or curatiye opportunity in the event the default is a failure by the City to close the transaction contemplated by this Agreement on the Closing Date. 6. BROKERAGE COMMISSIONS 6.1 Real Estate Brokers. The Deyeloper, Affiliate and the City warrant each to the other that they have not dealt with any real estate broker or salesperson with regards to this transaction. 7. OTHER CONTRACTUAL PROVISIONS 7.1 City intends to conyert the Property into a surface parking facility. Developer agrees at its sole cost to demolish and remove the existing buildings on the Property and to construct on the Property a surface parking lot with paving, curbing and driyeways. City shall be responsible for (i) preparation of plans for parking lot improvements, (ii) obtaining all pennits for such work; and (iii) the installation of parking meters. City shall also be responsible for any landscaping of the Property. Deyeloper agrees to complete all demolition and parking lot improvements within one hundred eighty (180) days after receipt of Notice to Proceed from the City. 7.2 Notices. All notices which are required or permitted hereunder must be in writing and shall be deemed to have been given, delivered or made, as the case may be (notwithstanding lack of actual receipt by the addressee) (i) upon hand delivery, (ii) three (3) business days after haYing been deposited in the United States mail, certified or registered, return receipt requested, sufficient postage affixed and prepaid, or (iii) one (1) business day after having been deposited with an expedited, oyernight courier service (such as by way of example but not limitation, U.S. Express Mail, Federal Express or Purolator), addressed to the party to whom notice is intended to be given at the address set forth below: Page 5 Land Transfer Agreement Deyeloper: Sunspree Green, LLC 50 North Water Street South Norwalk, CT 06854 Attn: Barry P. Marcus Telephone No. Telecopier No. With Copy to: E. D. (Ed) Armstrong III, Esq. Johnson, Pope, Bokor, Ruppel & Burns, LLP P. O. Box 1368 Clearwater, FL 33757 Telephone No. (727) 461-1818 Telecopier No. (727) 462-0365 And: Greene & Schermer 1301 Sixth Avenue W, Suite 400 Bradenton, Florida 34205 Attn: Robert F. Greene. Esq. Telephone No. (941) 747-3025 Telecopier No. (941) 747-6937 City: City of Clearwater 112 S. Osceola Ayenue Clearwater, FL 33756 Attn: Bill Horne Clearwater City Manager Telephone No. (727) 562-4040 Telecopier No. (727) 562-4052 With Copy to: Pam Akin, Esq. Clearwater City Attorney 112 S. Osceola Ayenue Clearwater, FL 33756 Telephone No. (727) 562-4020 Telecopier No. (727) 562-4021 Copies of all notices shall, to the extent practical, be sent by telecopy as well, but a failure to send such a copy shall not constitute a default under the terms of this Agreement nor shall it create a defect in any notice which is otherwise properly giyen. Any party hereto may, at any time by giYing ten (10) days written notice to the other party hereto, designate any other address in substitution of the foregoing address to which such notice shall be giyen and other parties to whom copies of all notices hereunder shall be sent. 7.3 Entire Aareement. This Agreement embodies and constitutes the entire understanding among the parties with respect to the transaction contemplated herein, and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement. Neither this Agreement nor any provision hereof may be waived, modified, amended, discharged or terminated except by an instrument in writing signed by the party Page 6 Land Transfer Agreement against which the enforcement of such waiyer, modification, amendment, discharge or termination is sought, and then only to the extent set forth in such instrument. 7.4 Applicable Law. Waiver of JUry Trail. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any litigation between the City and the Deyeloper shall be commenced in a court of competent jurisdiction in Pinellas County, Florida, and both the City and the Developerwaiye yenue outside such county. Both parties waiye the right to trial by jury in any legal action arising out of the Agreement or otherwise arising between the parties. 7.5 Headinos. Descriptiye headings are for conyenience only and shall not control or affect the meaning or construction of any proYision of this Agreement. 7.6 AssionmentlBindino Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. Developer shall have the right to assign this Agreement to an entity under common control with Developer without City's consent. Any other assignment shall be subject to City's prior written consent which may not be unreasonably withheld or delayed. 7.7 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original instrument, but all such counterparts together shall constitute one and the same instrument. 7.8 Interpretation. Wheneyer the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender and neuter and yice Yersa. 7.9 Seyerabilitv. In case anyone or more of the proYisions contained in the Agreement shall for any reason be held to be inyalid, illegal or unenforceable in any respect or as applied to any circumstances, such invalidity, illegality or unenforceability shall not affect any other proyision hereof or the effect thereof as otherwise applied, and this Agreement shall be construed as if such inyalid, illegal or unenforceable provision had never been contained herein. 7.10 Time Extension. Should any period of time specified herein end on a Saturday, Sunday or legal holiday, the period of time shall automatically be extended to 5:00 P.M. of the next full business day. 7.11 No Waiver. Neither the failure of either party to exercise any power given such party hereunder or to insist upon strict compliance by the other party with its obligations hereunder, nor any custom or practice of the parties at variance with the terms hereof shall constitute a waiver of either party's right to demand exact compliance with the terms hereof. 7.12 Effective Date. The Effective Date of this Agreement shall be the date on which the latter of the Developer or the City shall haye executed the same. 7.13 United States Treasury ReQulations-Foreion Corporations. The Developer represents to the City that the Deyeloper is not a "foreign person" as such term is defined in Section 1.897 -1 (k), United States Treasury Regulations, and that, accordingly, the transactions contemplated in this Agreement are not subject to the withholding requirements imposed by Section 1445 of the United States Internal Reyenue Code of 1954, as amended (the "Code"). At the Closing, the Developer agrees to execute and deliyer to the City such certifications as the City's Page 7 Land Transfer Agreement counsel and Title Company may request in order to insure that the Deyeloper has complied with the requirements of Section 1445 of the Code. 7.14 Construction of Terms. This Agreement shall not be construed more strictly against one party than against the other by yirtue of the fact that initial drafts may haye been prepared by legal counsel for one of the parties, it being recognized that this Agreement and any related instruments are the product of extensive negotiations between the parties hereto and that both parties hereto haye contributed substantially and materially to the final preparation of this Agreement. 7.15 Authority of Parties. The Developer and the City represent to each other that each has full power and authority to enter into and perform this Agreement, all related instruments and the documentation contemplated hereby in accordance with their respectiYe terms and that the deliyery and performance of this Agreement, all related instruments and the documentation contemplated hereby haye been duly authorized by all necessary action. 7.16 Computation of Time. Whenever this Agreement makes reference to a time period which begins on or lasts for a time "from", "following" or "after" a certain date, it is expressly understood and agreed that the words "from", "following" and "after" do not imply or impute the word "including" so that no such time frames shall include such date. 7.17 Radon Gas. Radon is a naturally occurring radioactiye gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it oyer time. Leyels of radon that exceed federal and state guidelines haye been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health units. 7.18 Coastal Construction Control Line. Pursuant to Section 161.57, Florida Statutes, City hereby expressly waiyes and releases Developer from any obligation to provide an affidayit or survey delineating the location of the coastal construction control line on the Property. 7.19 Time of Acceptance. If this Agreement is not fully executed by City on or before , 2005, this offer by Developer shall be deemed automatically withdrawn. 7.20 Attorneys Fees. In connection with any litigation arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover as costs all of such party's expense incurred in connection therewith, including reasonable attorney's fees at the trial and appellate levels. 7.21 City Authority Preserved. The City's duties, obligations, or responsibilities under any section ofthis Agreement shall not affect the City's right, duty, obligation, authority and power to act in its governmental or regulatory capacity in accordance with applicable laws, ordinances, codes or other building regulations. Notwithstanding any other provision of this Agreement, any required permitting, licensing or other regulatory approyals by the City shall be subject to the established procedures and substantive requirements of the City with respect to review and permitting of a project of a similar or comparable nature, size and scope. In no event shall the City, due to any proYision ofthis Agreement, be obligated to take any action concerting regulatory approvals except through its established procedures and in accordance with the applicable provisions of law. Page 8 Land Transfer Agreement IN WITNESS WHEREOF, the parties hereto have executed this Agreement the _ day of April, 2005. Signed, sealed and delivered in the presence of: DEVELOPER: SUNSPREE GREEN, LLC, a Florida limited liability company By: Greenfield Sunspree, LLC a Delaware limited liability company Managing Member By: Signature Name: Barry P. Marcus Title: Senior Vice President Printed Name Signature Printed Name Signed, sealed and delivered in the presence of: AFFILIATE: DAM DEVON LLC, a Connecticut limited liability company By: Signature Dayid A. Mack Manager Printed Name Signature Printed Name CITY: Attest: By: City Clerk THE CITY OF CLEARWATER, FLORIDA a Florida municipal corporation Approved as to form and correctness: By: Name: Title: Mayor , Esquire City Attorney #344141 y3 - Sunspree/Land Transfer Agt Page 9 Land Transfer Agreement Page 10 Land Transfer Agreement EXHIBIT "A" LEGAL DESCRIPTION Lot 1, less the West 110 feet thereof, Block B, COLUMBIA SUBDIVISION, according to the map or plat thereof recorded in Plat Book 23, Page 60, Public Records of Pinellas County, Florida. Page 11 Land Transfer Agreement Page 12 Land Transfer Agreement EXHIBIT "B" PROJECT [SUNSPREE LEGAL DESCRIPTION] if<~." C- f+ ~ 11 R~ : I /. lO This instrument was prepared by and return to: E. D. Armstrong III, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP P. O. Box 1368 Clearwater, FL 33757-1368 SPECIAL WARRANTY DEED THIS INDENTURE is made on ,2005, between DAM DEVON LLC, a Connecticut limited liability company, ("Grantor"), and SUNSPREE GREEN, LLC, a Florida limited liability company, ("Grantee"), whose post office address is 50 North Water Street, South Norwalk, CT 06854. WIT N E SSE T H: Grantor, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained and sold to Grantee, and Grantee's heirs, successors and assigns foreyer, the following described property situated in Pinellas County, Florida: Development rights comprised of 10 residential dwelling units currently allocated to the land described on Exhibit "A" attached hereto and incorporated herein (Sender Site), which are to be used in connection with the development of the land described on Exhibit "B" attached hereto and incorporated herein (Receiver Site). SUBJECT to applicable land use and zoning restrictions and to easements, reservations and restrictions of record, if any, which are specifically not reimposed or extended hereby, and to taxes for the year 2005 and subsequent years. THIS IS NOT THE HOMESTEAD OF THE GRANTOR. Grantor does hereby fully warrant the title to the density transferred and will defend the same against the lawful claims of all persons claiming by, through or under Grantor. The tax parcel numbers for the aforedescribed property are set forth on Exhibits "A" and "B". The tax identification number of the Grantee is IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: DAM DEVON LLC, a Connecticut limited liability company Signature By: David A. Mack, Manager Print name Signature Print name ) ) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2005, by David A. Mack, as Manager of DAM DEVON LLC, a Connecticut limited liability company, who [is personally known to me] [has produced as identification]. Notary Public Print name: My Commission Expires: #345402 v1 -2- EXHIBIT "A" SENDER SITE: Address: 41 Devon Drive, Clearwater Beach, Florida Parcel No.: 08/29/15/17550/002/0011 Legal Description: Lot 1, less the West 110 feet thereof, Block B, COLUMBIA SUBDIVISION, according to the map or plat thereof recorded in Plat Book 23, Page 60, Public Records of Pinellas County, Florida. EXHIBIT "B" RECEIVER SITE: Address: 715 South Gulfview Boulevard, Clearwater Beach, Florida Parcel No.: 17/29/15/05076/004/0010 Legal Description: ~..... .......... .ftW. ........ tt~er~ u~ R.JR 1;-2 Purchasing Memorandum City Commission 06/02/2005 Agenda Number: 3660 I J ," c$- I J. IJ 1 Agenda Item No: 11.1 Type: Purchase Quantity: Requesting Dept: Solid Waste/General Services Using Dept: Solid Waste/General Services Bid Number or Code Exception: Vendorlnfo: Description: Comments: Amount: $ 158,343.00 City of Altamonte Springs Bid 053-05 Continer Systems and Equipment Co. Inc., Daytona Beach, Florida Purchase one Crane Carrier cab and chassis with Loadmaster rear loader body from Container Systems and Equipment, Daytona Beach, Florida for $158,343. This is a piggyback of the City of Altamonte Springs, Florida Bid 053-05. Lease purchasing financing. Appropriation Code(s): 0316-94234-564100-519-000 Comments: Project code. Debt service principal: 0566-06612-571300-582-000-0000 Debt service interest: 0566-06612-572300-519-000-0000 2 Agenda Item No: 11.2 Type: Purchase Quantity: Requesting Dept: Public Utilities Using Dept: Public Utilities Bid Number or Code Exception: Vendorlnfo: Description: Comments: Amount: $ 162,800.00 City of Clearwater Bid 24-05 Allied Universal Corporation, Miami, Florida Purchase liquid sodium hypochlorite during the period June 3, 2005 through June 30, 2006 from Allied Universal Corporation, Miami, Florida, at a cost not to exceed $162,800. Sodium Hypochlorite is utilized in processing affluent at the Northeast Plant and for odor control in all facilities. Appropriation Code(s): 0421-01351-551000-535-000 Comments: None ~h! u.~ _~'=m'M~~~"wCO~~...~.......J~.,~,.!!!ora ndN~.!!L-~,~,...".,_="~,*.,,.~ City Council EN3-7 JJ. , Tracking Number: 1,322 Actual Date: 06/02/2005 Subject / Recommendation: Adopt Resolution 05-23 authorizing appropriate City officials to execute a Subordination of City Utility Interests agreement with the Florida Department of Transportation ("FDOT") regarding that certain easement granted to the City by Wal-Mart Stores, Inc. as recorded in O. R. Book 8406, Page 939, public records of Pinellas County, Florida, as said easement presently encumbers Lot 2, plat of SAM'S CLUB CLEARWATER. Summary: On April 28, 1993 Wal-Mart Stores, Inc. granted the City a blanket water main and ingress/egress easement for refuse and garbage collections over Lots 1 and 2, plat of SAM'S CLUB CLEARWATER at the southwest corner of U. S. 19 and Gulf to Bay Boulevard. Lot 2 of the plat was later developed as Luby's Cafeteria. FDOT acquired the parcel in 2002 following Luby's closing. Lot 2 is identified as Parcel 100 on FDOT right-of-way mapping of its Work Project Item/Segment 256881, State Road 55 (U. S. 19) from north of Whitney road to north of S. R. 60. The parcel will be utilized for project stormwater detention purposes. The City does not presently have any utility infrastructure within the boundaries of the subject parcel. The City will continue to maintain its easement rights over the lot; however, in subordinating City rights to FDOT those rights would in the future be subject to prior FDOT approval and under conditions of the FDOT's then current Utility Accommodation Manual. A copy of Resolution 05-23 and the Subordination of City Utility Interests agreement with respect to Parcel 100.07, FDOT WPI/Seg. 2568811 is available for review in the Office of Official Records and Legislative Services. Originating: Engineering Section Other items on City Manager Reports Category: Agreements/Contracts - without cost Number of Hard Copies attached: 1 Public Hearing: No Financial Information: Review Approval Michael Ouillen 05-06-2005 11:34:25 Garrv Brumback 05-18-2005 13:26:03 Laura Lioowski 05-17-2005 13:59:51 Cvndie Goudeau 05-18-2005 16:09:06 Bill Horne City Council _W.,"~genda,.m!;over Memora~~!!.!!' 05-18-2005 16:01:53 RESOLUTION 05.23 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, OWNER AND HOLDER OF CERTAIN EASEMENT INTERESTS DESCRIBED IN THAT EASEMENT INSTRUMENT DATED APRIL 28, 1993 AS RECORDED IN O.R. BOOK 8406, PAGE 939, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SUBORDINATING CITY INTERESTS THEREIN TO THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, FOR THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING AND MAINTAINING HIGHWAY IMPROVEMENTS TO S. R. 55, AUTHORIZING APPROPRIATE CITY OFFICIALS TO EXECUTE THE SUBORDINATION OF UTILITY INTERESTS AGREEMENT WITH THE DEPARTMENT OF TRANSPORTATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida, Department of Transportation (herein the "DOT"), proposes to reconstruct, construct and maintain a 1.06 mile segment of S. R. 55 from south of Seville Boulevard to just north of S. R. 60 (herein, the "Project"); and, WHEREAS, the City is owner and holder of the herein described blanket water main and ingress/egress easement encumbering the plat of Sam's Club Clearwater as recorded in Plat Book 116, Page 80, public records of Pinellas County, Florida ("Sam's Club"); and, WHEREAS, it is necessary that the City's aboye described easement interests as same now encumber Lot 2 of said Sam's Club plat, be subordinated to the DOT in order to facilitate the Project; and WHEREAS, the DOT has applied to the City to subordinate to the DOT certain rights, title and interest that the City has in the referenced easement as same now encumbers said Lot 2 of Sam's Club, subject to the rights being reserved to the City as described in the subordination agreements; and, WHEREAS, Section 2.01 (d)(5) of the City Charter authorizes the conyeyance of City property to another governmental entity without referendum approyal, without competitive bidding, and for less than appraised value, and the application by the DOT has been duly considered by the City Council; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1 The application by the DOT for the subordination of City-owned easement interests described in that certain easement instrument dated April 28, 1993 as recorded in O. R. Book 8406, Page 939, public records of Pinellas County, Florida, as same now encumbers Lot 2, of Sam's Club, subject to the reservation of rights by the City as set forth in the Subordination of Utility Interest Agreement ("Agreement"), is found and Resolution No. 05-23 declared to be for a yalid public purpose within the meaning of the City Charter. Section 2 The Mayor, City Manager and City Clerk, are authorized to execute the subordination of utility interests agreement with the DOT in the form attached hereto as EXHIBIT "A", subordinating the rights, title and interests of the City in and to the real property described therein to the DOT, in consideration of the premises and mutual covenants contained in said agreement, and subject to the reservation of rights by the City as set forth therein. Section 3 The parcel for which Subordination of City Utility Interests Agreement to be executed by the Mayor-Commissioner upon adoption of this Resolution is summarized as follows: PARCEL : 100.07 WPI/SEG : 7116967/2568811 S. R. NO. : 55 COUNTY : PINELLAS SECTION : 15150-2579 MANAGING DISTRICT: SEVEN Section 4 This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2005. Frank V. Hibbard Mayor Approved as to form: Attest: Laura Lipowski Assistant City Attorney Cynthia E. Goudeau City Clerk 2 Resolution 05-23 i IJ-J/e ~ I? Ji; '2~ '""z co ii:~ 0'"" _H" Ul ...t-Z ci~g ~~: ;~~~~ ~~:~] (j ~ E -g f.I. ~ <II( .E o ~ ~ ! >-...J U t-'" _:::J U"-