06/02/2005
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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.
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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
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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
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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
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Michael Delk
Garry Brumback
City Council
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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
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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. Gulfview) 217 overnight units, expected to convert to condo hotel
project
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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
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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
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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
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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
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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
,
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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
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19
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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
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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
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CR-r
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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
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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:
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l4gen~,!,,,,~over M_~_I!l()r~ nd u n:'Lmm..".'.."._.".m."..'." ,
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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
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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:
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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
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Site:
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Land Use
From:
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PIN: 07-29-16-65898-002-0010
R-3 (County)
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Atlas Page:
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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
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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
~
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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
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ORDINANCE NO. 7420-05
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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
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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
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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
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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
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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
~~
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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
>-
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~~
ORDINANCE NO.7 422-05
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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
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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
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City Council
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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
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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
~~
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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
~.~
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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
~~
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City Council
"'_'N~g,!!!1da ~,~~,~L~~_m~'~'!"'!'!'~'~"!!!""""_NW'
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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
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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
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WA TER MAIN REPLACEMENT FOR THE
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Grid # 267A S-T-R 8-29s-15e Date: 03/17/05
~~
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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
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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
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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
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City Council
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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__
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City Council
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11.8
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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
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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
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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
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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
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City Council
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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
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City Council
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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
~~
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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
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CITY OF CLEARWATER
ENGINEERING DEPARTMENT
McKIM & CREED, P.A. WORK INITIATION FORM
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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
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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
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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:
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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
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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
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