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07/21/2005 ..~ "II! ~ . .' ~:,'... - . City Council Agenda Date: 07/21/2005 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 Sen Dennis Jones - 2005 Legislative Summary 5.2 Rep Kim Berfield - 2005 Legislative Summary 5.3 Rep Frank Farkas - 2005 Legislative Summary 5.4 Neighborhood of the Quarter 6 Approval of Minutes 6.1 June 16, 2005 6.2 Special Meeting - July 13, 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 the applicant's request to vacate the drainage and utility easement that was retained over a vacated alley formerly located adjacent to the east property lines of Lots 9 through 13, inclusive, Block 2 of J. H. Rouse subdivision, (a.k.a. 609 Seminole Street), and pass Ordinance 7462-05 on first reading, (VAC2005-08 South Port Financial Services, Inc.), 8.2 Continue to August 15, 2005, the request to vacate Edenville Avenue from the easterly extension of the south property line of Lot 55, Block "A", Tropic Hill Unit 4 subdivision, (a.k.a. 2450 Burnice Drive), to the easterly extension of the north property line of said Lot 55(VAC2005-09 Allen). 9 Quasi-judicial public hearings Staff states and summarizes reasons for recommendation (2 minutes). Applicant presents case, including its testimony and exhibits. Witness may be cross-examined (15 minutes). Staff presents further evidence. May be cross-examined (10 minutes). Public comment (3 minutes per speaker or 10 minutes maximum as spokesperson for others that have waived their time). City Council discussion, and may question any witness. Applicant may call witnesses in rebuttal (5 minutes). Conclusion by applicant (3 minutes). Decision. 9.1 Approve the Petition for Future Land Use Plan Amendment from Institutional (INS) to Residential Medium (RM) and Zoning Atlas Amendment from the Institutional (I) District to the Medium Density Residential (MDR) District for 137 Fernwood Avenue (Lots 3 - 6, Block F, Eastwood Terrace Third Addition along with the 18 feet to the east of lots 3 - 6); and Pass Ordinances 7459-05 & 7460-05 on first reading. (LUZ2005-03004) 9.2 Approve the Annexation, Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) and Zoning Atlas Amendment from the County R-3, Single-Family Residential District, to the City Low Medium Density Residential (LMDR) District for 2346 Ella Place (Lot 66, Rolling Heights in Section 07, Township 29 South, Range 16 East); and Pass Ordinances 7450-05,7451-05 & 7452-05 on first reading. 9.3 Approve the Annexation, Land Use Plan Amendment from County Commercial General (CG) to City Commercial General (CG) and Zoning Atlas Amendment from the County C-2, General Retail Commercial and Limited Services District, to the City Commercial (C) District for 2300 Drew Street (Lots A & B, Rolling Heights, and Lot 31, Block A, First Addition to Temple Terrace, in Section 8, Township 29 South, Range 16 East); and Pass Ordinances 7453-05, 7454-05 & 7455-05 on first reading. 9.4 Approve the Annexation, Land Use Plan Amendment from County Residential Medium (RM) to City Residential Medium (RM) and Zoning Atlas Amendment from the County R-3, Single-Family Residential District, to the City Medium Density Residential (MDR) District for 2077 Palmetto Street (Portions of Pinellas Groves Subdivision, in Section 12, Township 29 South, Range 15 East); and Pass Ordinances 7456-05,7457-05 & 7458-05 on first reading. 10 Second Readings - public hearing 10.1 Adopt Ordinance 7397-05 on second reading, annexing certain real property whose post office adress is 3070 Gulf-to Bay Blvd., into the corporate limits of the city, and redefining the boundary lines of the city to include said addition. 10.2 Adopt Ordinance 7398-05 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 3070 Gulf-to-Bay Blvd., upon annexation into the City of Clearwater, as Commercial General. 10.3 Adopt Ordinance 7399-05 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 3070 Gulf-to-Bay Blvd., upon annexation into the City of Clearwater, as Commercial (C). 10.4 Adopt Ordinance 7430-05 on second reading, annexing certain real property whose post office address is 1481 Sandy Lane, into the corporate limits of the city, and redefining the boundary lnes of the city to include said addition. 10.5 Adopt Ordinance 7431-05 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 1481 Sandy Lane, upon annexation into the City of Clearwater, as Residential Urban. 10.6 Adopt Ordinance 7432-05 on second reading, amending the zoning atlas of the city by zoning certain real property, whose post office address is 1481 Sandy Lane, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 10.7 Adopt Ordinance 7433-05 on second reading, annexing certain real property whose post office address is 3001 Lake Vista Drive into the corporate limits of the city, and redefining the boundary lines of the city to include said addition. 10.8 Adopt Ordinance 7434-05 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 3001 Lake Vista Drive, upon annexation into the City of Clearwater, as Residential Low. 10.9 Adopt Ordinance 7435-05 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office addres sis 3001 Lake Vista Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 10.10 Adopt Ordinance 7436-05 on second reading, annexing certain real property whose post office address is 100 Baywood Avenue, into the corporate limits of the city, and redefining the boundary lnes of the city to include said addition. 10.11 Adopt Ordinance 7437-05 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 100 Baywood Avenue, upon annexation into the City of Clearwater, as Residential Urban. 10.12 Adopt Ordinance 7438-05 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 100 Baywood Avenue, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 10.13 Adopt Ordinance 7445-05 on second reading, amending the Community Development Code, Article 6, Non Conformity Provisions, Section 6-1 09.B, Termination of Status as a Nonconformity, providing that upon reconstruction of structures which are nonconforming with respect to density, such reconstruction must maintain the current use. 10.14 Adopt Ordinance 7464-05 on second reading, amending the operating budget for the fiscal year ending September 30, 2005, to reflect increases and decreases in revenues and expenditures for the General Fund, Special Development Fund, Special Program Fund, Water & Sewer Fund, Stormwater Fund, Solid Waste Fund, Gas Fund, Recycling Fund, Marine & Aviation Fund, Parking Fund, General Services Fund, Garage Fund and Central Insurance Fund. 10.15 Adopt Ordinance 7465-05 on second reading, amending the Capital Improvement Budget for the fiscal year ending September 30, 2005, to reflect a net increase of $1,736,856. City Manager Reports 11 Consent Agenda 11.1 Approve a reduction of the lot clearing liens, in the total amount of $2,789.20 for the interest/penalties associated with the lot clearing liens, on 906 Palmetto Street (Clearwater Neighborhood Housing Services, Inc., 608 North Garden Avenue, Clearwater, FL 33755, Representative: lsay Gulley, Executive Director). 11.2 Approve settlement of the liability claim of Russell Edney for payment of $75,000 and authorize the appropriate officials to execute same. 11.3 Approve agreement for external auditing services for fiscal years ending September 30,2005 thru 2009 with public accounting firm of Cherry, Bekaert, & Holland, LLP, for a total cost not to exceed $632,500 and authorize the appropriate officials to execute same. 11.4 Increase the Fleet Maintenance Operations Fuel budget by $400,000 and the Vehicle Parts budget by $200,000 with a transfer of $600,000 from the Garage Fund Retained Earnings. 11.5 Accept a temporary construction easement containing 426 square feet, more or less, and two perpetual sidewalk easements containing a total of 357 square feet, more or less, over and across portions of Lots 88, 134 and 135, LLOYD-WHITE-SKINNER SUBDIVISION conveyed by Divaco, Inc., a Florida corporation, in consideration of receipt of $1.00 and the benefits to be derived therefrom. 11.6 Award a contract to TLC Diversified, Inc. of Palmetto, Florida, for the Pumping Station #12 - Refurbishment project (#01-0058-UT) construction, in the amount of $341,990.00, which is the lowest responsible bid received in accordance with plans and specifications, including a 10% contingency, and that the appropriate officials be authorized to execute same. 11.7 Award a contract to TLC Diversified, Inc. of Palmetto, Florida, for the Pumping Stations #15 & #25 - Refurbishment project (#01-0060-UT) construction, in the amount of $725,370.00, which is the lowest responsible bid received in accordance with plans and specifications, including a $50,000.00 Contingency, which is 7.40% of the other line items, and that the appropriate officials be authorized to execute same. 11.8 Award a construction contract to A & L Underground Inc. of Hamptonville, North Carolina, for the Stevenson Creek Water Main Replacement (04-0037-UT) in the amount of $423,031.40, which is the lowest responsible bid received in accordance with plans and specifications, 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 $401 ,000 for professional engineering design services related to the Wellfield Maximization and Engineering Technical Services project (05-0030-UT), and that the appropriate officials be authorized to execute same. 11.10 Accept a 1 O-foot wide Water Main and Utility Easement conveyed by Peter B. Forret, Trustee of the Sandaker Irrevocable Qualified Trust Agreement dated January 10, 2005, under and across a portion of Lot 10, SUNSET POINT SUBDIVISION REPLAT, and appurtenant submerged lands being a portion of Lot 1, JEROME B. TENNEY'S SUBDIVISION, given in consideration of receipt of $15,000 and the benefits to be derived therefrom and authorize the appropriate officials to execute same. 11.11 Award a contract for the 2005 Street Resurfacing Contract (05-0009-EN) to R.E. Purcell Construction of Largo, Florida for the sum of $1 ,685,383.70, which is the lowest responsible bid received in accordance with the plans and specifications and authorize the appropriate officials to execute same. 11.12 Approve the Local Agency Program (LAP) Supplemental Agreement NO.4 with the Florida Department of Transportation (FDOT) for the Clearwater Beach West Bridge/Spur Connector, increasing the project CMAQ funding by $575,222 for a new total project amount of $4,728,984 and authorize the appropriate officials to execute same. 11.13 Reappoint Captain Anthony Holloway as the Police Department representative and Kristin Dailey as the Local Private Industry Council representative to the Enterprise Zone Development Agency with the term expiring on July 31, 2009. 11.14 Approve the First Amendment to the Land Transfer Agreement between the City of Clearwater, Sunspree Green, LLC and DAM Devon regarding property located at 41 Devon Drive, Clearwater, changing the closing date to the earlier of: 45 days after the developer and affiliate receive written notice from the City requesting closing or the date a building permit is issued for the construction of improvements for the project. 12 Other items on City Manager Reports 12.1 Adopt a tentative millage rate of 5.753 mills for fiscal year 2005/06 and set Public Hearings on the Budget for September 1, 2005 and September 15, 2005 to be held no earlier than 6:00 PM. 12.2 Pass on first reading ordinance 7466-05 modifing the investment restrictions for the Employees Pension Plan and setting the date of March 14, 2006 for a special election for approval of the same. 12.3 Approve submission of an application for federal funding in the amount of $1 01 ,553 to the U.S. Department of Justice/Bureau of Justice Assistance (USDOJ/BJA) under the Edward Byrne Memorial Justice Assistance Grant (JAG) program, and that the appropriate officials be authorized to execute same. 12.4 Approve request for forgiveness of the interest and penalties, in the amount of $8,635.60, associated with the demolition and lot clearing liens on the property located at 1604 N. Fort Harrison Avenue (Legal description: E. A. Marshall's Subdivision, Lot 16); Owners: Daniel and Mary Trosili, 1605 N. Ft. Harrison Avenue. 12.5 Adopt Resolution 05-29, clarifying the change of business transfer fee in commercial dock permits for storage of vessels at the Clearwater Municipal Marina. 12.6 Adopt Resolution 05-31, authorizing Supplemental Agreement #1 to an existing JPA approved in March 2005 to complete the New Modular Terminal/Fixed Base Operation Building at Clearwater Airpark, increasing Department and Agency funding by $66,000.00 and authorize the appropriate officials to execute same. 13 City Attorney Reports 13.1 Pass Ordinance 7447-05 on first reading, amending Chapter 2, Division 3, the Ethics Code, to conform with the Florida state Ethics Code. 13.2 Pass Ordinance 7448-05 on first reading, amending Article VIII, Chapter 2, Code of Ordinances regarding definitions and requirements for lobbyists, to conform with the Pinellas County Code. 13.3 Adopt Resolution No. 05-35, supporting the levy of the 5th cent tourist development tax dedicated exclusively to promoting and advertising tourism; providing an effective date. 14 City Manager Verbal Reports 15 Council Discussion Items 16 Other Council Action 17 Adjourn TO: FROM: CITY OF CLEARWATER I nterdepartmental Correspondence Mayor and Councilmembers Cyndie Goudeau, City Clerk SUBJECT: Follow up from July 18, 2005 Work Session COPIES: DATE: Aaenda William B. Horne, City Manager July 19, 2005 City Council Meeting 07-21-05 - Agenda provided. Minutes #6.1 Approval of Minutes from Council Mtg 06-16-05 - Added to agenda and Minutes provided. Minutes #6.2 Approval of Minutes from Special Meeting 07-13-05 - Added to agenda and Minutes provided. Item #8.2 Item #11.13 Other Items On CM Rots #12.1 Item #13.2 Ena.6 Approve the applicant's request to vacate Edenville Ave and pass Ordinance #7463 on first reading (VAC2005-09 Allen) -Additional information will be given to Council per the e-mail below: From: Cvndie Goudeau To: Michael Quillen Need to have gotten input from Tropic Hills HO Assoc re this vacation request. If you have this information prior to Thursday, let me know and I will e-mail it to council. Otherwise, provide report at the meeting. Reappoint Capt. Holloway as the PO representative & Kristin Dailey as the Local Private Industry Council representative to the Enterprise Zone Development Agency with the term expiring on 07-31-05. - Revised memo sheet provided. Adopt a tentative millage rate of 5.753 mills for FY 2005/06 & set Public Hearings on the Budget for September 1, 2005 and September 15, 2005 to be held no earlier than 6:00 PM. - Additional paperwork provided. (Bill Horne and Gary Brumback already received this earlier.) Pass Ordinance #7448-05 on first reading, amending Article VIII, Chapter 2, Code of Ordinances regarding definitions and requirements for lobbyists, to conform with the Pinellas County Code. - New Ordinance will be made up and provided at seats Thursday. Approve issuance of Purchase Order to Valleycrest Landscape Maintenance in the amount of $28,207.05 at US 19 & Gulf to Bay Blvd. - Item pulled from agenda. A revised agenda with 1 new item will be provided at seats before the Council Meeting Thursday. 1 of 1 I >- u.. o >- u Interoffice Correspondence Sheet To: Mayor and Councilmembers rumback, Asst. City Manager; Pam Akin, From: Cyndie Goudeau, City Clerk Bill Horne, City Manager; Ga City Attorney CC: Date: July 21,2005 RE: Revisions to Agenda Packet for July 21,2005 The following changes/additions are provided: . Revised Agenda, 07-21-05 - Rev 1 . Item 8.2 - Revised memo sheet. - Continue to August 15, 2005, the request to vacate Edenville Ave from the easterly extension of the south property line of Lot 55, Blk A, Tropic Hill Unit 4 Subdivision (a.k.a 2450 Burnice Dr.), to the easterly extension of the north property line of said Lot 55 (VAC2005-09 Allen). . Item 13.2 - Revised Ordinance. - Pass Ord. 7448-05 on first reading, amending Article VIII, Chapter 2, Code of Ordinances regarding definitions and requirements for lobbyists, to conform with the Pinellas County Code. . Item 13.3 - New Item on Agenda. - Adopt Res. 05-35, supporting the levy of the 5th cent tourist development tax dedicated exclusively to promoting and advertising tourism. Memo to Council for 07-21-05 CC Mtg - revisions.doc ~~ Cl~ City Council _",,~g~nda,.~,~V~!~~~,,!!!.~rC!nd~'!!!''''''_'''''M' ~NCx - , 60\ Tracking Number: 1,398 Actual Date: 07/21/2005 Subject / Recommendation: Approve the applicant's request to vacate the drainage and utility easement that was retained over a vacated alley formerly located adjacent to the east property lines of Lots 9 through 13, inclusive, Block 2 of J. H. Rouse subdivision, (a.k.a. 609 Seminole Street), and pass Ordinance 7462-05 on first reading, (VAC2005-08 South Port Financial Services, Inc.), Summary: Applicant is seeking vacation of the easement in order to clear the way for redevelopment of this site, previously occupied by Howard Jimmie's Used Truck Parts. Applicant proposes to build 60 attached residential units on the property in a development to be known as "Seminole Trail". Seminole Trail was reviewed by the Development Review Committee on January 27, 2005. A Development Order was issued approving this development, subject to conditions, on April 29, 2005. Progress Energy, Brighthouse Networks, Verizon and Knology have no objections to the vacation request. One city utility is in the easement, a sanitary sewer line that terminates in the easement. The applicant will either utilize this existing sewer line as part of the new development or will be required to remove it in in accordance with city engineering requirements. Public Works Administration has no objections to the vacation request. Originating: Engineering Section Administrative public hearings Category: Vacation of Easements and Rights of Way Number of Hard Copies attached: 3 Public Hearing: Yes Advertised Dates: 07/03/2005 07/10/2005 Financial Information: Review Approval Glen Bahnick 06-27-2005 15: 10:56 Cvndie Goudeau 07-11-2005 10:47:38 Michael Ouillen 06-28-2005 09:02:00 ~~ Cl.~ _"""",,,.~aencJ~,,.,,,,~OVe~~~!!...cJ.,!:!,.!!!. City Council Garrv Brumback 07-08-2005 07:29: 17 Bryan Ruff 06-30-2005 12: 15:32 Bill Horne 07-08-2005 15:59:19 ORDINANCE NO. 7462-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE DRAINAGE AND UTILITY EASEMENT RETAINED AFTER VACATION OF THE TEN- FOOT ALLEY FORMERLY LOCATED ADJACENT TO THE EAST PROPERTY LINES OF LOTS 9 THROUGH 13, INCLUSIVE, BLOCK 2, J.H. ROUSE SUBDIVISION (IN ORDINANCE NO. 6880-00); PROVIDING AN EFFECTIVE DATE. WHEREAS, Southport Financial Services, Inc., owner of real property located in the City of Clearwater, has requested that the City vacate the drainage and utility easement depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said easement is not necessary for municipal use and it is deemed to be to 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: Drainage and utility easement retained after vacation of the ten-foot alley formerly located adjacent to the east property lines of Lots 9 through 13, inclusive, Block 2, J.H. Rouse Subdivision, as recorded in Plat Book 4, Page 90 of the Official Records of Hillsborough County, of which Pinellas County was formerly a part (In Ordinance No. 6880-00) is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as described above to the owner of the servient estate thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING Ordinance No. 7462-05 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. 7462-05 EXHIBIT "A" Scale 1" = 100' This is not a survey ,) 7 ~ 5 6 t V) fE CJ:: SEMINOLE STREET ~ V )/-.. 1 8 9 18 g 2 I..Z. 4 ~. 5 Requested Dr./Util. Easement Vocation 13 ELDRIDGE 24 25 36 z w 35 23 26 0 a::: L L 278 <( 34 " ~2 1 28 33 32 ~ r"I r"I 15 14 STREET w u 37 :J a::: a... 38 (f) 0 A OM.. BY D.KING 48 47 CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING SOUTH PORT FINANCIAL VA~;a-OO~08 __IV VACATION REQUEST HET L S.D. 10' DRAINAGE & UTILITY 2 Of' 2 DA 1'[ SIfCT-1WII"-fIG 06/07/2~ EASEMENT - BLOCK 2 09-2DS-1M: ,2778 J. H. ROUSE SUBDIVISION 7~ ~ NORTH ~ 1" = 1320' Location Map South Port Financial j l ~ A CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING ..... IV SOUTH PORT FINANCIAL .... NO. D.KING VAC200~OlI CHaCED IV VACATION REQUEST HIT S.D. 10' DRAINAGE & UTILITY 1 Of 2 GAlt !!CT-TWSP-RMQ 06/07/2005 EASEMENT - BLOCK 2 08-285-15E J. H. ROUSE SUBDIVISION .......... 2778 7462-05 ~J:) City Council ,,,,,,,,,,,,,,,,,.~,g,~.ndC!,,,,,.!;o'!~,,~,,.,,M,,emoral'!~,,.!:!,,!!!,,"'''""_''''''''''"'''''__'''',,'''''''','',,'',,'''''=',,'''''',,''____~,'''''''',",,_ Trackino Number: 1,483 Actual Date: 07/21/2005 Subiect / Recommendation: Continue to August 15, 2005, the request to vacate Edenville Avenue from the easterly extension of the south property line of Lot 55, Block "A", Tropic Hill Unit 4 subdivision, (a.k.a. 2450 Burnice Drive), to the easterly extension of the north property line of said Lot 55(VAC2005-09 Allen). Originatino: Engineering Section: Administrative public hearings Category: Other Financial Information: ~ Other Review Approval Cvndie Goudeau 07-20-2005 10:01:52 1--- ORDINANCE NO. 7463-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE FIFTY-FOOT STREET RIGHT- OF-WAY OF EDENVILLE AVENUE FROM THE EASTERLY EXTENSION OF THE SOUTH PROPERTY LINE OF LOT 55, BLOCK A, TROPIC HILLS UNIT 4, TO THE EASTERLY EXTENSION OF THE NORTH PROPERTY LINE OF SAID LOT 55, SUBJECT TO SPECIAL CONDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Cheryl J. Allen, 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, FLORI DA: Section 1. The following: Fifty-foot street right-of-way of Edenville Avenue from the easterly extension of the south property line of Lot 55, Block A, Tropic Hills Unit 4, as recorded in Plat Book 621, Page 76, Official Record of Pinellas County, Florida, to the easterly extension of the north property line of said Lot 55 is hereby vacated, closed and released, subject to the following conditions: 1) A drainage and utility easement shall be retained over the full width of the vacated right-of-way for the installation and maintenance of any and all public utilities thereon, 2) A 10-foot pedestrian access easement shall be retained over the center 10- feet of the vacated right-of-way to provide access to city property on the north from Burnice Drive on the south, 3) The applicant shall remove all curbs and asphalt from the vacated right-of- way portion and install new curbing along the north side of Burnice Drive in accordance with the City of Clearwater construction specifications within six-months of the date of this approval, and 4) The vacation approval shall be come null and void should the preceding condition number 2 is not met. Ordinance No. 7463-05 Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Bryan D. Ruff Assistant City Attorney Cynthia E. Goudeau City Clerk 2 Ordinance No. 7463-05 IltlITllAN ~ NORTH ~ 1"=1320' : :~~;i= =:U I ~ SHElLEY ST . I I Location Map ALLEN RIGHT-OF-WAY VACATION CHAUCER SHEllEY JII G 0/ ~\P ORA" IY D. KING CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING ALLEN VACAllON REQUEST EDENVlLLE AVENUE RIGHT OF WAY TROPIC HILLS UNIT 4 .... NO. VAC2005-D9 0tE0CED BY S.D. ....., lDf2 .... 06/13/2005 JOse lECT-'--- 19-29S-16E -...a: 7463-05 EXHIBIT "A" Scale 1 /1-60' This is not a survey Henry L. McMullen Park Right of Way Va att'on Requ ted By A~ /icant 10' 55 23 53 54 S 52 ~VJ Retain 10' Pedestrian Access Easement W BURNICE DRIVE ::) z ~\,G 50 w > w <( 28 <\,~O ::) z 28 w 1 w '-' > :tCO <( <( I- - W ~ ~ be ---' ~ <'J~~ 2 ---' w 27 > 27 I Z W 0 W CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING ..... BY ALLEN ........ D. KING VAC2005-09 _'Y VACATION REQUEST SHEET S.D. EDENVlLLE AVENUE 2OF2 .." KCT-1W!IP-fMJ 06/13/2005 RIGHT OF WAY 19-295-16E 309B "TROPIC HILLS UNIT 4 _ct: 7463-05 ~~ Cl~ City Council Cover Memorandum PLD- , q 0>\ Tracking Number: 1,414 Actual Date: 07/21/2005 Subject / Recommendation: Approve the Petition for Future Land Use Plan Amendment from Institutional (INS) to Residential Medium (RM) and Zoning Atlas Amendment from the Institutional (I) District to the Medium Density Residential (MDR) District for 137 Fernwood Avenue (Lots 3 - 6, Block F, Eastwood Terrace Third Addition along with the 18 feet to the east of lots 3 - 6); and Pass Ordinances 7459-05 & 7460-05 on first reading. (LUZ2005-03004 ) Summary: The subject property is approximately 0.67 acres and is vacant. It is located at 137 Fernwood Avenue on the east side of Fernwood Avenue approximately 400 feet south of Drew Street. The future land use plan amendment and rezoning is requested by the applicant, Faith Housing, Inc. who intends to construct up to 10 attached dwelling units on the site. It is proposed that the property have a Future Land Use Plan designation of Residential Medium (RM) and a zoning category of Medium Density Residential (MDR). The Planning Department determined that the proposed future land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: The proposed future land use planamendment and rezoning application are consistent with the Comprehensive Plan. The proposed use is compatible withthe surrounding area. Sufficient public facilities are available to serve the property. The applications will not have anadverse impact on the natural environment. In accordance with the Countywide Plan Rules, the future land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. Based on the proposed density of the plan amendment, review and approval by the Florida Department of Community Affairs is required. The Community Development Board reviewed these applications at its public hearing on June 21, 2005 and unanimously recommended approval of both applications. Originating: Planning Section Quasi-judicial public hearings Category: Annexations, Land Use Plan and Zoning Public Hearing: Yes Advertised Dates: 06/05/2005 07/03/2005 Financial Information: Review Approval Gina Clavton 06-27-2005 12:31 :54 Leslie Douaall-Sides 06-28-2005 10:02: 15 City Council Cover Memorandum ~~ Cl~ Garry Brumback 07-06-2005 10:49:59 Gina Clayton 06-27-2005 16:35:39 Cvndie Goudeau 07-07-2005 08:51:18 Michael Delk 06-27-2005 16:49:59 Bill Horne 07-06-2005 11:13:32 ORDINANCE NO.7 459-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF FERNWOOD AVENUE APPROXIMATELY 400 FEET SOUTH OF DREW STREET, CONSISTING OF LOTS, 3, 4, 5, AND 6, BLOCK F, EASTWOOD TERRACE THIRD ADDITION, TOGETHER WITH THAT PROPERTY LYING EASTERLY OF AND WITHIN 18.00 FEET THEREOF BEING SOUTH OF THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 3 AND BEING NORTH OF THE EASTERLY EXTENSION OF THE SOUTH LINE OF LOT 6, WHOSE POST OFFICE ADDRESS IS 137 FERNWOOD AVENUE, FROM INSTITUTIONAL TO RESIDENTIAL MEDIUM; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use Cateaorv See legal description attached hereto (LUZ2005-03004 ) From: Institutional To: Residential Medium Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to 9 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING Ordinance No. 7459-05 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 7459-05 ORDINANCE NO. 7460-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE EAST SIDE OF FERNWOOD AVENUE APPROXIMATELY 400 FEET SOUTH OF DREW STREET, CONSISTING OF LOTS, 3, 4, 5, AND 6, BLOCK F, EASTWOOD TERRACE THIRD ADDITION, TOGETHER WITH THAT PROPERTY LYING EASTERLY OF AND WITHIN 18.00 FEET THEREOF BEING SOUTH OF THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 3 AND BEING NORTH OF THE EASTERLY EXTENSION OF THE SOUTH LINE OF LOT 6, WHOSE POST OFFICE ADDRESS IS 137 FERNWOOD AVENUE, FROM INSTITUTIONAL (I) TO MEDIUM DENSITY RESIDENTIAL (MDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property ZoninQ District See legal description attached hereto (LUZ2005-03004 ) From: Institutional (I) To: Medium Density Residential (MDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 7459-05 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to 9163.3189, Florida Statutes PASSED ON FIRST READING Ordinance No. 7460-05 1- PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 2 Ordinance NO.7 460-05 CDB Meeting Date: June 21. 2005 Case Number: LUZ2005-03004 Owner/Applicant: Faith Housing, Inc. Representative: George Scheitinger Address: 137 Femwood Avenue Agenda Item: G-1 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: (a) Future Land Use Plan amendment from the Institutional (INS) Classification (City) to the Residential Medium (RM) Classification (City); and (b) Rezoning from the Institutional (I) District (City of Clearwater) to the Medium Density Residential (MDR) District (City of Clearwater). SITE INFORMATION PROPERTY SIZE: 29,233 square feet or 0.67 acres DIMENSIONS OF SITE: 247 feet wide by 118 feet deep PROPERTY USE: Current Use: Proposed Use: Vacant Up to 10 attached dwellings PLAN CATEGORY: Current Category: Proposed Category: Institutional (INS) (City) Residential Medium (RM) (City) ZONING DISTRICT: Current District: Proposed District: Institutional (I) (City of Clearwater) Medium Density Residential (MDR) (City) Staff Report - Community Development Board - June 21, 2005 - Case LUZ2005-03004 Page 1 EXISTING SURROUNDING USES: North: Single-family residential South: Multi-family residential East: Place of worship West: Single- and multi-family residential ANAL YSIS: This Future Land Use Plan (FLUP) amendment and rezoning application involves three parcels of land, approximately 0.67 acres in area on the east side of Fernwood Avenue approximately 400 feet south of Drew Street. The site is currently vacant. The site has a FL UP classification of Institutional (INS) and a zoning designation of Institutional (1). The applicant is requesting to amend the FLUP designation of the site to the Residential Medium (RM) classification and to rezone it to the Medium Density Residential (MDR) District in order to develop the site with up to 10 attached dwelling units. While the current FLUP permits residential development as a secondary use the existing zoning designation precludes residential uses. In accordance with the Countywide Plan Rules, the future land use plan amendment is subject to approval by the Pine lIas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the density of the amendment request, review and approval by the Florida Department of Community Affairs is required. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-603.F.l] Recommended Findings of Fact: Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed land use plan amendment are as indicated below: 2.1 Objective -The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. 2.2.1 Policy - On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. 3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. 5.1.1 Policy - No new development or redevelopment will be permitted which causes the level of City services (traffic circulation, recreation and open space, water, sewage treatment, garbage collection, and drainage) to fall below minimum acceptable levels. However, development orders may be phased or otherwise modified consistent with provisions of the concurrency management system to allow services to be upgraded concurrently with the impacts of development. Staff Report - Community Development Board - June 21, 2005 - Case LUZ2005-03004 Page 2 1- Recommended Conclusions of Law: The proposed plan amendment is not in conflict with any Clearwater Comprehensive Plan Goals, Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan. II. CONSISTENCY WITH COUNTYWIDE PLAN Recommended Findings of Fact: The purpose of the proposed Residential Medium (RM) category, as specified in Section 2.3.3.2.2 of the Countywide Rules, is to depict those areas of the County that are now developed, or appropriate to be developed, in a moderately intensive residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the urban qualities, transportation facilities and natural resource characteristics of such areas. The Residential Medium (RM) category is generally appropriate to locations within or in close proximity to urban activity centers; and in areas serving as a transition between less urban and more urban residential and mixed use areas. These areas are typically in close proximity to and may have direct access from the arterial and thoroughfare highway network. The site is located in close proximity to moderate to intensive commercial areas located on Belcher Road and U. S. Highway 19. It is also located in an area that is primarily developed with residential uses with allowable densities ranging between 7.5 units per acre to 15 units per acre. The proposed use of the property for up to 10 attached dwelling units is consistent with the purposes of the Residential Medium (RM) category which permits attached dwellings up to 15 dwelling units per acre. Recommended Conclusions of Law: The proposed plan amendment is consistent with the purpose and locational characteristics of the Countywide Plan; therefore, the proposed amendment is consistent with the Countywide Plan. III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Section 4-602.F.2 & 4-603.F.3] Recommended Findings of Fact: Primarily multi- and single-family dwellings characterize the immediate area to the west. Several multi-family developments exist to the south and southeast. A place of worship exists immediately to the east. The site is located to the south of Drew Street, a moderately development commercial corridor, on a residential local street. The area is characterized by future land uses including Residential Urban (7.5 units per acre) immediately to the north and south and RM farther to the south and across F emwood A venue to the west. Recommended Conclusions of Law: The proposed FLUP designation and rezoning is in character with the overall FLUP designation in the area and is compatible with surrounding uses. IV. SUFFICIENCY OF PUBLIC FACILITIES Staff Report - Community Development Board - June 21, 2005 - Case LUZ2005-03004 Page 3 Recommended Findings of Fact: As stated earlier, the overall subject site is approximately .067 acres in area and is presently vacant. Based on a maximum permitted density of 15 units per acre in the proposed Residential Medium (RM) category, 10 dwelling units could be constructed on this site. Roadways The accepted methodology for reviewing the transportation impacts of proposed plan amendments is based on the Pine lias Planning Council's (PPC) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed FLUP categories and are included in the next table. Maximum Dail Added Potential Tri s Maximum PM Peak Hour Added Potential Tri s Volume of Drew Street from Old Coachman Road to Belcher Road LOS of Drew Street from Old Coachman Road to Belcher Road N/A = Not Applicable LOS = Level-of-Service 20,347 20,459 20,411 -48 A A A A I = Based on PPC calculations of trips per acre per day for the Institutional Future Land Use Category. 2 = Based on PPC calculations of trips per acre per day for the Residential Medium Future Land Use Category. 3 = Based on MPO K-factor of 0.095 Source: "The Rules" of the Countywide Future Land Use Plan Based on the 2003 Pinellas County Metropolitan Planning Organization (MPO) Level of Service Report, the segment of Druid Road from U.S. Highway 19 North to Belcher Road has a LOS of A. The proposed FLUP category will generate less PM Peak Hour traffic on this segment of Druid Road by up to five trips than the current FLUP category and will not result in the degradation of the existing LOS to the surrounding road network. Specific uses in the current and proposed zoning districts have also been analyzed for the level of vehicle trips that could be generated based on the Institute of Transportation Engineer's Manual. Staff Report - Community Development Board - June 21, 2005 - Case LUZ2005-03004 Page 4 Church (9.11 tripsl1 ,000 square 18,970 feet) 173 N/A 27 N/A s uare feet Pro osed ZoninglFuture Land Use Plan Single-family residential 10 (9.57 trips/dwelling unit) 96 -77 10 -17 dwell in units Apartments (6.63 trips/dwelling 10 unit) 66 -107 7 -20 dwell in units Even though the subject property is vacant and new trips will be generated by the development of the property, the proposed plan amendment and rezoning will not result in the degradation of the existing LOS to the surrounding road network. Furthermore, the City of Clearwater Engineering Department has concluded that the traffic generation associated with the proposed amendment will not exceed one percent of the existing PM Peak hour trips of Drew Street. Mass Transit The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change; the subject site is located between two existing transit routes along Belcher Road (west) and Drew Street (north) and headways are less than or equal to one hour. Water The current FLUP category could use up to 1,897 gallons per day. Under the proposed FLUP category, water demand could approach approximately 2,500 gallons per day. The proposed land use will not negatively affect the City's current LOS for water. Wastewater The current FL UP category could produce up to 1,518 gallons per day. Under the proposed FLUP category, sanitary sewer demand could approach approximately 2,000 gallons per day. The proposed land use amendment will not negatively affect the City's current LOS for wastewater. Solid Waste The current Institutional FLUP category would result in the production of 15 tons of solid waste per year. Under the proposed FLUP category, the maximum development of 10 dwelling units could generate 25 tons of solid waste per year. The proposed land use plan amendment will not negatively affect the City's current LOS for solid waste disposal. Staff Report - Community Development Board - June 21, 2005 - Case LUZ2005-03004 Page 5 Recreation and Open Space As the proposed future land use plan and zoning designations will permit the development of up to 10 dwelling units, payment of a Open Space, Recreation Land and Recreation Facility impact fee will be required. The amount of this fee is dependent on the number of developed units and will be addressed and paid during the site plan review process. Recommended Conclusions of Law Based on the fact that the allowable uses of the proposed FLUP will generate generally the same or less traffic than uses allowed in the existing INS category, the proposed FLUP amendment and rezoning will not degrade the LOS of the surrounding road network. It will also not negatively affect the City's current LOS for water, wastewater, solid waste disposal or mass transit. When the property is to be developed, impacts on the City's recreation and open space needs will be addressed through payment of the required recreation impact fees. Based on the above findings, the proposed FLUP amendment and rezoning does not require nor affect the provision of public services in a negative manner. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] Recommended Finding of Fact: The site is not wooded nor is there wetlands on the subject site. Prior to development of the property, site plan approval will be required. At that time, the stormwater management system will be required to meet all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria. Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive Plan. Recommended Conclusions of Law: Based on the existing conditions of this site, the proposed future land use plan amendment will not negatively impact the natural environment. VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.] Recommended Findings of Fact: The location of the proposed Medium Density Residential (MDR) District boundaries is consistent with the boundaries of the subject site. The site is rectangular in shape and currently is vacant with no improvements. The proposed boundaries are logical and consolidate this site into the appropriate zoning district. The proposed MDR District is compatible with the existing MDR Districts located to the north, south and west. Recommended Conclusions of Law: The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. Staff Report - Community Development Board - June 21, 2005 - Case LUZ2005-03004 Page 6 VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-1001.1. & 4-602.F.1. and .2.] Recommended Findings of Fact: The existing land use plan category permits a density of 12.5 dwelling units per acre and an impervious surface ratio (lSR) of 0.85. However, the current zoning district does not permit residential uses. The proposed Residential Medium (RM) land use category and Medium Density Residential (MDR) District has the same level of intensity also permitting a density of 15 dwelling units per acre and an ISR of 0.75. The subject site is 0.67 square feet in area and 274 feet in width. The MDR District requires a minimum lot size of area of 10,000 square feet and lot width of 100 feet for attached dwellings. Recommended Conclusions of Law: The proposed use of the subject site is consistent with the uses allowed in the MDR zoning district and the site exceeds minimum lot width and area requirements of the District. Approval of this land use plan amendment and zoning district designation does not guarantee the right to develop on the subject property. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested. SUMMARY AND RECOMMENDATIONS An amendment of the FLUP from the Institutional (INS) category to the Residential Medium (RM) category and a rezoning from the Institutional (I) District (City) to the Medium Density Residential (MDR) District for the subject site is requested. The proposed RM Future Land Use Plan classification and MDR zoning district is consistent with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding area, does not require nor affect the provision of public services, is compatible with the natural environment and is consistent with the development regulations of the City. Based on the above analysis and recommended findings of fact and recommended conclusions of law, the Planning Department recommends the following actions on the request: a) Recommend APPROVAL of the land use plan amendment from the Institutional (INS) Classification (City) to the Residential Medium (RM) Classification (City); and b) Recommend APPROVAL of the rezoning from the Institutional (I) District (City of Clearwater) to the Medium Density Residential (MDR) District (City of Clearwater). Prepared by Planning Department staff: Mark T. Parry, Consulting Planner Staff Report - Community Development Board - June 21, 2005 - Case LUZ2005-03004 Page 7 Attachments: Application Location Map Aerial Photograph of Site and Vicinity Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs S: \Planning Department\C D BILand Use Amendments\LUZ 2005ILUZ2005-03004 137 Fernwood Faith Housing IncILUZ2005-03004 Staff Report.doc Staff Report - Community Development Board - June 21, 2005 - Case LUZ2005-03004 Page 8 ~I BASCOM WAY Location Map Owner Faith Housing, Inc. Case: LUZ200S-03004 Site: 137 Fernwood A venue 0.67 Land Use Zoning 18-29-16-24264-006-0030 PIN: 18-29-16-24264-006-0040 From: INS 18-29-16-24264-006-0050 18-29-16-24264-006-0060 To: RM MDR Atlas Page: 290A Aerial Map Owner Faith Housing, Inc. Case: LUZ2005-o3004 Site: 137 Fernwood A venue 0.67 Land Use Zoning 18-29-16-24264-006-0030 PIN: 18-29-16-24264-006-0040 From: INS . 18-29-16-24264-006-0050 18-29-16-24264-006-0060 To: RM MDR Atlas Page: 290A ""---1 R/OG o '" ~ 12 ~ ~ ~ co '" ~ III r--"""f:l I, I I , L___ 1---' I I I I I I L---198 , 18 I_I, I , 17 /4"9"1 ~: TJ5 1 1 "_I J 1~: I __I :J LI -)3 I I I L _.... 1 W17-1 '12 L, I I IJ I I Lr' R~ ~ 1-- r---,lO I _J ~---1 L___I I._I rr--r8 1__...)- 771--' IJ t.1 L___J ---, I I I I I I I I I I I I I , I r I I I I I 0,," coco ~~ 2384 DREW ST 197 1 61 143 ~ 137 oq: Q 0 U ~ 10f .., ;e RMJ f5 L&: 87 ,---, I I I I I I I I RMI 59 I : I I I I I I I I : I 15 : : I I I I I I 24q6 : r- I ,__I I_I ~ I IJ INS 1 I I I I I I L_____: ,____1 L____J <; ~ '" o ~ a :5 ~ . . . . . /------7 . / / . / / . / / . 1__----- . . ,------1 I I I I I I I I I I L ~-I : ,- '-----11 1 L_'__l 1 c.; I____J L : II r----L, I LJ I I l_________rl : I 1__- r-~---- I r~1 I I" _I I I Future Land Use Map Owner Faith Housing, Inc. Case: LUZ2005-o3004 Site: 137 Fernwood A venue 0.67 Land Use Zoning 18-29-16-24264-006-0030 PIN: 18-29-16-24264-006-0040 From: INS 18-29-16-24264-006-0050 18-29-16-24264-006-0060 To: RM MDR Atlas Page: 290A (J, /---, / \ { , \ / '\...__./ r--J""'__ I I ~ c.~'-,_' I INS i:"-l '-I i::j '-----1, r---I L_..I I c______-', I L__1 [=J I u: 1____________________, ,-------,- r- 1-, I I I I I I -- ,_J L_________ :-1' r-"J :-1 LJ '-_ I_J ,----.., : I L__ L_____, I LI., 2384 I I I I 24q6 : r- I ,__I I-I ~ ' ~J I I I I I I I I I ,_____, _____1 l___J 0 l5 ~ ~ ., l:l l:l ___I 0..- l:l <0 ~ .,'" ~~ DREW ST 0> '" :ll '--"""El 1, I I I L__-, 1---"1 1 I I I I I !...---.f98 : -~8 I-~ I ...J 17 <; ~ '" o ~ 197 1~_, \ "1 /---, / , ( , \ / \.._-j a Sl ~ 61 . . . . . /------/' . / / . / / . / / . "-_____J . . 1------1 I I I I : I I , L L, ! l~,__, :-----'1 r=~1 I____J L I :: r---1__, I L_ I I I ,_I I ~---------~ I ,--- 143 I r--..f""'__ I I 1 c.::;,....-' I toi_1 LI I 1_- "111 I I ,---,10 , -' 1___1 ---lI8 c' I , I I I 10( -, " I l, I !...__J f..:i 1;--"1 [-1'-----, "'---1 L_.... ..... I] I L__, .-'" I 1:______..1'., I I L_J I L"J I l____________________J 9t 1 I j' L_" -, I I I I I I I I I I I I I "1 I I" I I I I I ~--, I I 1-------,- ,- 1_, I \ I I I I -'----------,-" 59 I-~' r-1' :-, L.J ,__ I_J 15 1----., : I l L_____, -, \., r-~---- I [:', I I" _I I I Zoning Map Owner Faith Housing, Inc. Case: LUZ2005-o3004 Site: 137 Fernwood A venue 0.67 Land Use Zoning 18-29-16-24264-006-0030 PIN: 18-29-16-24264-006-0040 From: INS 18-29-1 6-24264-006-0050 18-29-16-24264-006-0060 To: RM MDR Atlas Page: 290A """---1 Office :5 l:l ~ ~ ~ ~ ~~ ~~ co <0 l:l 9~ 1 I r L_.J r---'lO I -' '__-.I ,r--F8 '---'- 1--1 . I , I I , I I , , i I I I 1 I I I I I I , 'I , ) ....1 I I I I 1 ' , I 1 I 77,--, ,J ~I L J 2384 DREW ST 197 185-" ...."1 1,,- I 61 143 ~ 137 ~ Q 0 , ~ , 10( .., :t ( I I a::: L__J ~ ~ 87 ~ 1---' .- ~ e .~ ~d ..!. 59~ .=~ = .~ ~li , I I I 24q6 I r- I ,__I '_I , , Park 1 , I I I I I l_____) _____1 l___J '" '" ~ c 1li '" c 1li /---, / \ ( , \ I '....__J a c '" 1li . . . = PJaee-t)f . / / ! 1~~X,gbip . . [------1 I I I , I I , I L ~-I , ,- 1-----" I L-"--l I I='~I ,-___J L I II r----L, I ,~ I I I __I, L_________J I ,--- r-_r__ I , li:..~"~-' , f:"";; ,--, tj '-----1 '---I L_" ~ I' I L ,..-... I c---Educa11tntal L____________________J Fflcilify 1- 1_, I \ I , I I -l.._________,-J l-~' r-"" :-, L...! ,_J I_J ,----.., I , l__ L_____, I Ll... Existing Surrounding Uses Map r-~----"" I LI , ," _I 1 I Owner Faith Housing, Inc. Case: LUZ2005-03004 Site: 137 Fernwood A venue 0.67 Land Use Zoning 18-29-16-24264-006-0030 PIN: 18-29-16-24264-006-0040 From: INS 18-29-16-24264-006-0050 18-29-16-24264-006-0060 To: RM MDR A tlas Page: 290A ~_. City Council Cover Memorandum PLD - a C\~d Tracking Number: 1,435 Actual Date: 07/21/2005 Subject / Recommendation: Approve the Annexation, Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) and Zoning Atlas Amendment from the County R-3, Single-Family Residential District, to the Citv Low Medium Densitv Residential (LMDR) District for 2346 Ella Place (Lot 66, Rolling Heights in Section 07, Township 29 South, Range 16 East); and Pass Ordinances 7450-05, 7451-05 & 7452-05 on first reading. Summary: The subject property is located on the north side of Ella Place, approximately 160 feet west of Dora Avenue. The applicant is requesting this annexation in order to receive solid waste service from the City. The property is located within an unincorporated enclave and is noncontiguous to existing City boundaries; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. The subject site is approximately 0.20-acres in area and is currently developed with a single-family dwelling. It is proposed that the property have a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: The proposed annexation will not have anadverse impact on publiC facilities and their level of service. The proposed annexation is consistent withthe City's Comprehensive Plan, the Countywide Plan and the Community Development Code. The proposed annexation is located within anenclave and its annexation will reduce such enclave. This annexation has been reviewed by the Pinellas Planning Council (PPe) staff according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been raised. The Communitv Development Board reviewed this application at its publiC hearing on June 21, 2005 and unanimously recommended approval of the application. Please refer to the attached annexation (ANX2005-03007) report for the complete staff analysis. Originating: Planning Section Quasi-judicial publiC hearings Category: Annexations, Land Use Plan and Zoning Number of Hard Copies attached: 0 Public Hearing: Yes Advertised Dates: 06/06/2005 Financial Information: Review Approval ~~ Cl~ City Council Cover Memorandum Michael Delk 06-27-2005 17:02:46 06-29-2005 10:31:12 07-06-2005 11:04:25 06-27-2005 17:03:34 07-07-2005 08:52:39 06-28-2005 08:28:58 07-06-2005 10:46:40 Gina Clavton Leslie Douaall-Sides Bill Horne Gina Clavton Cvndie Goudeau Garry Brumback ORDINANCE NO. 7450-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF ELLA PLACE, APPROXIMATELY 160 FEET WEST OF DORA AVENUE, CONSISTING OF LOT 66, ROLLING HEIGHTS, WHOSE POST OFFICE ADDRESS IS 2346 ELLA 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 66, Rolling Heights, according to the plat thereof, as recorded in Plat Book 43, Page 1, Public Records of Pinellas County, Florida (ANX2005-03007) 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. 7450-05 ORDINANCE NO. 7451-05 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 ON THE NORTH SIDE OF ELLA PLACE, APPROXIMATELY 160 FEET WEST OF DORA AVENUE, CONSISTING OF LOT 66, ROLLING HEIGHTS, WHOSE POST OFFICE ADDRESS IS 2346 ELLA PLACE, 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 66, Rolling Heights, according to the plat thereof, as recorded in Plat Book 43, Page 1, Public Records of Pinellas County, Florida (ANX2005-03007) 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. 7450-05. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Cynthia E. Goudeau City Clerk Leslie K. Dougall-Sides Assistant City Attorney Ordinance No. 7451-05 ORDINANCE NO. 7452-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF ELLA PLACE, APPROXIMATELY 160 FEET WEST OF DORA AVENUE, CONSISTING OF LOT 66, ROLLING HEIGHTS, WHOSE POST OFFICE ADDRESS IS 2346 ELLA 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 66, Rolling Heights, according to the plat thereof, as recorded in Plat Book 43, Page 1, Public Records of Pinellas County, Florida (ANX2005-03007) 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. 7450-05. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Cynthia E. Goudeau City Clerk Leslie K. Dougall-Sides Assistant City Attorney Ordinance No. 7452-05 &', PUJ- d ~: C\ . 'J. CDB Meeting Date: Case Number: Owner/Applicant: Location: Agenda Item: June 21. 2005 ANX2005-03007 Tracy Lvnn 2346 Ella Place G-2 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: (a) Annexation of 0.20-acres of property to the City of Clearwater; (b) Future Land Use Plan amendment from Residential Low (RL) Category (County) to Residential Low (RL) Category (City of Clearwater); and (c) Rezoning from R-3, Single-Family Residential District (County) to Low Medium Density Residential (LMDR) District (City of Clearwater), SITE INFORMATION: PROPERTY SIZE: 8,712 square feet or 0.20 acres (80 feet wide by 105 feet deep) PROPERTY USE: Current Use: Proposed Use: Single-family dwelling Single-family dwelling PLAN CATEGORY: Current Category: Proposed Category: Residential Low (RL) (County) Residential Low (RL) (City) ZONING DISTRICT: Current District: Proposed District: R-3, Single-Family Residential (County) Low Medium Density Residential (LMDR) (City) Staff Report - Community Development Board - June 21, 2005 - Case ANX2005-03007 Page 1 SURROUNDING USES: North: Single-family residential South: Single-family residential East: Single-family residential West: Single-family residential ANALYSIS: This annexation involves a 0.20-acre property consisting of one parcel, located on the north side of Ella Place, approximately 160 feet west of Dora Avenue. The property is located within an enclave and is not contiguous to existing City boundaries; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. The applicant is requesting this annexation in order to receive solid waste service from the City. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). I. IMPACT ON CITY SERVICES: Recommended Findings of Fact Water and Sewer The applicant receives water service from Pinellas County. Sanitary sewer service is not available to this property. The closest sanitary sewer line is located 160 feet to the west in the Dora Avenue right-of-way. Solid Waste Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal agreement with Pinellas County to provide for the disposal of solid waste at the County's Resource Recovery Plant and capacity is available to serve the property. Police The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. There are currently 56 patrol officers and seven patrol sergeants assigned to this district. Community policing service will be provided through the City's zone system and officers in the field. The Police Department has stated that it will be able to serve this property and the proposed annexation will not adversely affect police service and response time. Fire and Emergency Medical Services Fire and emergency medical services will be provided to this property by Station #48 located at 1700 N. Belcher Road. The Fire Department will be able to serve this property. The proposed annexation will not adversely affect fire and EMS service and response time. Staff Report - Community Development Board - June 21, 2005 - Case ANX2005-03007 Page 2 Recommended Conclusions Of Law The City has adequate capacity to serve this property with solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service. II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.2] Recommended Findings of Fact The Pinellas County Comprehensive Plan and the Countywide Future Land Use Plan map designate the site as Residential Low (RL). It is the purpose of the RL category to depict those areas of the County that are now developed, or appropriate to be developed, in a low density residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the low density, non-intensive qualities and natural resource characteristics of such areas. Residential is the primary use in this plan category up to a maximum of five (5) dwelling units per acre. Secondary uses include Residential Equivalent; Institutional; Transportation/Utility; Public Educational Facility; Ancillary Non-Residential and Recreation/Open Space. The proposed annexation is consistent with and promotes the following objective of the City of Clearwater Comprehensive Plan: 2.4 Objective - Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Recommended Conclusions of Law The property proposed for annexation is located within an enclave within the City's urban service area. The proposed annexation is consistent with the City's Comprehensive Plan. III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS: [Sections 2-1001.1. & 4-604.F.5.] Recommended Findings of Fact The site is currently zoned R-3, Single Family Residential District in Pinellas County. The applicant proposes to rezone the property to the Low Medium Density Residential (LMDR) District. Under the current LMDR zoning district provisions, a minimum lot width of 50 feet and a minimum lot area of 5,000 square feet are required. The subject site is 80 feet wide and 8,712 square feet in lot area. Staff Report - Community Development Board - June 21, 2005 - Case ANX2005-03007 Page 3 --I Recommended Conclusions of Law The subject property exceeds the City's minimum LMDR dimensional requirements and is therefore consistent with the Community Development Code. IV. CONSISTENCY WITH THE COUNTYWIDE PLAN: Recommended Findings of Fact There is no change requested in the Countywide Future Land Use Plan designation for the site, which will remain Residential Low (RL) with a maximum density of 5 dwelling units per acre. Recommended Conclusions of Law No change is proposed for the Future Land Use Plan designation of the property proposed for annexation and the use and density of the property is consistent with the current designation. V. CONSISTENCY WITH PINELLAS COUNTY: Recommended Findings of Fact Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council staffhas reviewed this annexation and determined that it complies with all applicable ordinance criteria. Pinellas County Ordinance No. 00-63(1)(b) provides for the voluntary annexation of property that is located within and reduces an enclave on the effective date of the ordinance. The subject site is located within an enclave, is noncontiguous to city boundaries and reduces the enclave. Recommended Conclusions of Law The property proposed for annexation is located within an enclave and its annexation will reduce such enclave; therefore, the annexation of this property is consistent with Pinellas County Ordinance No. 00-63. VI. CODE ENFORCEMENT ANALYSIS: There are no current code enforcement violations or any code enforcement history on this site. SUMMARY AND RECOMMENDATIONS: The proposed annexation can be served by City of Clearwater services, including solid waste, police, fire and emergency medical services without any adverse effect on the service level. The property receives water service from Pinellas County. The proposed annexation is consistent with Staff Report - Community Development Board - June 21, 2005 - Case ANX2005-03007 Page 4 both the City's Comprehensive Plan and is consistent with Pinellas County Ordinance No. 00-63 regarding voluntary annexation. Based on the above analysis, the Planning Department recommends the following actions on the request: (a) Recommend APPROVAL of the annexation ofO.20-acres to the City of Clearwater; (b) Recommend APPROVAL of the Residential Low (RL) Future Land Use Plan classification; and (c) Recommend APPROVAL of the Low Medium Density Residential (LMDR) zoning classification pursuant to the City's Community Development Code. Prepared by Planning Department Staff: Michael Schoderbock, Consulting Planner Attachments: Application Location Map Aerial Photograph Proposed Annexation Future Land Use Map Zoning Map Surrounding Uses Map Site Photographs S:IPlanning DepartmentlC D BlAnnexationslANX - 20051ANX2005-03007 2346 Ella Place Lynn ResidencelStaff Report ANX2005-03007.doc Staff Report - Community Development Board - June 21,2005 - Case ANX2005-03007 Page 5 PROJECT SITE D sr ~ '" u sr sr !~!I WHITMAN sr z ;1 ~ ~ CHAUCER sr sr ill 1 1 SHEllEY sr I Location Map Owner Tracy Lynn Case: ANX2005-03007 Site: 2346 Ella Place Property 0.20 Size (Acres): Land Use Zoning PIN: 07-29-16-76446-000-0660 From: RL (County) R-3 (County) To: RL (City) LMDR (City) A tlas Page: 281A Aerial Photograph Owner Tracy Lynn Case: ANX2005-03007 Site: 2346 Ella Place 0.20 Land Use Zoning PIN: 07-29-16-76446-000-0660 From: RL (County) R-3 (County) To: RL (City) LMDR (City) A tlas Page: 281A ,I I I L.J 2384 1-...._, L__-- '" (!) <:> Cii ~ ... ~ ~ 1::! ~ '" ~ '" ~ ~ ~ ~ ~ ~~ ~~ Proposed Annexation Owner Tracy Lynn Case: ANX2005-03007 Site: 2346 Ella Place 0.20 Land Use Zoning PIN: 07-29-16-76446-000-0660 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 281A '---1 2384 ,-....-1 L_~-- o <xl '" /:l Cl ii; '" ... ~ lil~ ~~H~ o ... ~ ~ ~ l2 /:l :j: /:l l5 ~ ~ ~ Zoning Map Owner Tracy Lynn Case: ANX2005-03007 Site: 2346 Ella Place Property 0.20 Size (Acres): Land Use Zoning PIN: 07-29-16-76446-000-0660 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 281A II I I L-' I .---1 2384 1---1 L__-- R/OG Q) C') ~ ~ (j; '" ... ~ ~~ ~~ c ~ ~ ~ Ii2 ~ ~ ~ ~ ~ Q) <0 ~ Future Land Use Map Owner Tracy Lynn Case: ANX2005-03007 Site: 2346 Ella Place Property 0.20 Size (Acres): Land Use Zoning PIN: 07-29-16-76446-000-0660 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 281A 'I I I L...J INS II I I L..J ,..----1 2384 1---, L__-- Office Uses co ~ c ~ (!) iii '" ... ~ ~ ~ ~ ~ co ~ ~ ~ ~ ~ lil~ ~~ Existing Surrounding Uses Map Owner Tracy Lynn Case: ANX2005-03007 Site: 2346 Ella Place Property 0.20 Size (Acres): Land Use Zoning PIN: 07-29-16-76446-000-0660 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 281A City Council Cover Memorandum PL}) - 3 cv.~ Tracking Number: 1,437 Actual Date: 07/21/2005 Subject / Recommendation: Approve the Annexation, Land Use Plan Amendment from County Commercial General (CG) to City Commercial General (CG) and Zoning Atlas Amendment from the County C-2, General Retail Commercial and Limited Services District, to the City Commercial (C) District for 2300 Drew Street (Lots A & B, Rolling Heights, and Lot 31, Block A, First Addition to Temple Terrace, in Section 8, Township 29 South, Range 16 East); and Pass Ordinances 7453-05, 7454-05 & 7455-05 on first reading. Summary: The subject property is located on the north side of Drew Street between Terrace Drive E. and Anna Avenue. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The property is located within an unincorporated enclave and is contiguous to existing City boundaries to the west, east, and south; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. The subject site is approximately 1.1B-acres in area and is currently developed with an auto body shop. It is proposed that the property have a Future Land Use Plan designation of Commercial General (CG) and a zoning category of Commercial (C). The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: The proposed annexation will not have anadverse impact on public facilities and their level of service. The proposed annexation is consistent withthe City's Comprehensive Plan and the Countywide Plan; The subject property will meet therninimum dimensional requirements of the Community Development Code; and The proposed annexation is located within anenclave and its annexation will reduce such enclave. This annexation has been reviewed bV the Pinellas Planning Council (PPC) staff according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been raised. Please refer to the attached annexation (ANX2005-0300B) report for the complete staff analysis. The Community Development Board reviewed this application at its public hearing on June 21, 2005 and unanimously recommended approval of the application. Oriqinating: Planning Section Quasi-judicial publiC hearings Category: Annexations, Land Use Plan and Zoning Number of Hard Copies attached: 0 Public Hearing: Yes Advertised Dates: 06/06/2005 City Council Cover Memorandum Financial Information: Review Approval Gina Clavton 06-28-2005 12:54:42 Michael Delk 06-30-2005 15:51 :55 Garry Brumback 07-07-2005 07: 19:40 Gina Clavton 06-28-2005 13:03: 18 Leslie Douaall-Sides 07-06-2005 11: 19:02 Bill Horne 07-07-2005 08:48:32 Gina Clavton 06-28-2005 13:04:28 Cyndie Goudeau 07-07-2005 08:56:59 ORDINANCE NO. 7453-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF DREW STREET, BETWEEN TERRACE DRIVE EAST AND ANNA AVENUE, CONSISTING OF PARCEL I CONSISTING OF A PORTION OF. SECTION 8, TOWNSHIP 29 SOUTH, RANGE 16 EAST, AND PARCEL II CONSISTING OF LOTS A AND B, ROLLING HEIGHTS AND LOT 31, BLOCK A OF FIRST ADDITION TO TEMPLE TERRACE, TOGETHER WITH THE .51 ACRES OF ABUTTING TERRACE DRIVE EAST AND ANNA AVENUE RIGHT-OF-WAYS, WHOSE POST OFFICE ADDRESS IS 2300 DREW STREET, INTO THE CORPORATE LIMITS OF THE CITY, AND - REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY 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: Parcell: A portion of Section 8, Township 29 South, Range 16 East, see legal description attached hereto, and Parcell: Lots A and B, Rolling Heights, according to the map or plat thereof as recorded in Plat Book 43, Page 1, Public Records of Pinellas County, and Parcel II: Lot 31, Block A of First Addition to Temple Terrace, according to the map or plat thereof as recorded in Plat Book 41, Page 9, Public Records of Pinellas County, Florida, together with the .51 acres of abutting Terrace Drive East and Anna Avenue right-of-ways. (ANX2005-03008 ) 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 Ordinance No. 7453-05 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 7453-05 ORDINANCE NO. 7454-05 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 ON THE NORTH SIDE OF DREW STREET, BETWEEN TERRACE DRIVE EAST AND ANNA AVENUE, CONSISTING OF PARCEL I CONSISTING OF A PORTION OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 16 EAST, AND PARCEL II CONSISTING OF LOTS A AND B, ROLLING HEIGHTS AND LOT 31, BLOCK A OF FIRST ADDITION TO TEMPLE TERRACE, TOGETHER WITH THE .51 ACRES OF ABUTTING TERRACE DRIVE EAST AND ANNA AVENUE RIGHT-OF-WAYS, WHOSE POST OFFICE ADDRESS IS 2300 DREW STREET, 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 Land Use Cateaorv Parcell: A portion of Section 8, Township 29 South, Commercial General Range 16 East, see legal description attached hereto, and Parcell: Lots A and B, Rolling Heights, according to the map or plat thereof as recorded in Plat Book 43, Page 1, Public Records of Pinellas County, and Parcel II: Lot 31, Block A of First Addition to Temple Terrace, according to the map or plat thereof as recorded in Plat Book 41, Page 9, Public Records of Pinellas County, Florida, together with the .51 acres of abutting Terrace Drive East and Anna Avenue right-of-ways. (ANX2005-03008) 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. 7453-05. PASSED ON FIRST READING Ordinance No. 7454-05 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 7454-05 ORDINANCE NO.7 455-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF DREW STREET, BETWEEN TERRACE DRIVE EAST AND ANNA AVENUE, CONSISTING OF PARCEL I CONSISTING OF A PORTION OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 16 EAST, AND PARCEL II CONSISTING OF LOTS A AND B, ROLLING HEIGHTS AND LOT 31, BLOCK A OF FIRST ADDITION TO TEMPLE TERRACE, TOGETHER WITH THE .51 ACRES OF ABUTTING TERRACE DRIVE EAST AND ANNA AVENUE RIGHT-OF-WAYS, WHOSE POST OFFICE ADDRESS IS 2300 DREW STREET, 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 Parcell: A portion of Section 8, Township 29 South, Range 16 East, see legal description attached hereto, and Parcell: Lots A and B, Rolling Heights, according to the map or plat thereof as recorded in Plat Book 43, Page 1, Public Records of Pinellas County, and Parcel II: Lot 31, Block A of First Addition to Temple Terrace, according to the map or plat thereof as recorded in Plat Book 41, Page 9, Public Records of Pine lias County, Florida, together with the .51 acres of abutting Terrace Drive East and Anna Avenue right-of-ways. (ANX2005-03008) 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. 7453-05. PASSED ON FIRST READING Ordinance No. 7455-05 I PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 7455-05 CDB Meeting Date: Case Number: Owner/Applicant: Location: Agenda Item: June 21, 2005 ANX2005-03008 Cars-DB4 LP / Spring Engineering 2300 Drew Street G-3 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: (a) Annexation of 1.18-acres of property to the City of Clearwater and abutting 0.51-acres of right-of-way; and (b) Future Land Use Plan amendment from Commercial General (CG) Category (County) to Commercial General (CG) Category (City of Clearwater); and (c) Rezoning from C-2, General Retail Commercial and Limited Services District (County) to Commercial (C) District (City of Clearwater). SITE INFORMATION: PROPERTY SIZE: 51,401 square feet or 1.18 acres (300 feet wide by 200 feet deep) PROPERTY USE: Current Use: Proposed Use: Vehicle Service Vehicle Service PLAN CATEGORY: Current Category: Proposed Category: Commercial General (CG) (County) Commercial General (CG) (City) ZONING DISTRICT: Current District: Proposed District: C-2, General Retail Commercial and Limited Services (County) Commercial (C) (City) Staff Report - Community Development Board - June 21, 2005 - Case ANX2005-03008 Page 1 SURROUNDING USES: North: Single-family residential South: Place of Worship East: Vacant property West: Medical Offices ANALYSIS: This annexation involves a 1.18-acre property consisting of two parcels located on the north side of Drew Street between Terrace Drive E. and Anna Avenue. The property is located within an unincorporated enclave and is contiguous to existing City boundaries to the west, east, and south; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. It is proposed that the abutting Terrace Drive East and Anna Avenue right- of-way not currently within the City limits also be annexed. The applicant is requesting this annexation in order to receive sanitary sewer from the City. It is proposed that the property be assigned a Future Land Use Plan designation of Commercial General (CG) and a zoning category of Commercial (C). I. IMPACT ON CITY SERVICES: Recommended Findings of Fact Water and Sewer The applicant receives water service from Pinellas County. According to the applicant's representative, the Florida Department of Environmental Protection has taken enforcement actions against this property because the existing on-site wastewater system is failing and is causing water pollution. The City of Clearwater can provide sanitary sewer service to this property and has adequate capacity to serve it. The closest sanitary sewer line is located in the adjacent Drew Street right-of-way. The applicant must pay the required sewer impact fee and a sewer assessment fee of $4,207.64. The applicant is also aware of the additional costs to connect the property with the City sanitary sewer system. Solid Waste Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal agreement with Pinellas County to provide for the disposal of solid waste at the County's Resource Recovery Plant and capacity is available to serve the property. Police The property is located within Police District ill and service will be administered through the district headquarters located at 2851 North McMullen Booth Road. There are currently 56 patrol officers and seven patrol sergeants assigned to this district. Community policing service will be provided through the City's zone system and officers in the field. The Police Department has stated that it will be able to serve this property and the proposed annexation will not adversely affect police service and response time. Staff Report - Community Development Board - June 21, 2005 - Case ANX2005-03008 Page 2 Fire and Emergencv Medical Services Fire and emergency medical services will be provided to this property by Station #48 located at 1700 N. Belcher Road. The Fire Department will be able to serve this property. The proposed annexation will not adversely affect fire and EMS service and response time. Recommended Conclusions of Law The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service. II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.2] Recommended Findings of Fact The Pinellas County Comprehensive Plan and the Countywide Future Land Use Plan map designate the site as Commercial General (CG). It is the purpose of the CG category to depict those areas of the County that are now developed, or appropriate to be developed, in a manner designed to provide community and countywide commercial goods and services; and to recognize such areas as primarily consistent with the need, relationship to adjoining uses and with the objective of encouraging a consolidated, concentrated commercial center providing for the full spectrum of commercial uses. The primary uses in this plan category are Office; Personal Service/Office Support; Retail Commercial; CommerciallBusiness Service; Transient Accommodation; WholesalelDistribution (Class A); and Storage/Warehouse (Class A). Secondary uses include Commercial Recreation; Residential; Residential Equivalent; Institutional; TransportationlUtility; Recreation/Open Space; Research/Development; and Light Manufacturing/Assembly (Class A). The proposed annexation is consistent with and promotes the following objective of the City of Clearwater Comprehensive Plan: 2.4 Objective - Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Recommended Conclusions of Law The property proposed for annexation is located within an enclave within the City's urban service area. The proposed annexation is consistent with the City's Comprehensive Plan. Staff Report - Community Development Board - June 21, 2005 - Case ANX2005-03008 Page 3 III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS: [Sections 2-1001.1. & 4-604.F.5.] Recommended Findings of Fact The site is currently zoned C-2, General Retail Commercial and Limited Services District in Pinellas County. The applicant proposes to rezone the property to the Commercial District (C), which is consistent with the CG future land use plan classification. Under the current C zoning District provisions, a minimum lot width of 100 feet and a minimum lot area of 10,000 square feet are required. The existing use of the site is vehicle service, which is not permitted by the City of Clearwater C District. The use is allowed, however, by the underlying CG future land use plan category. Recommended Conclusions of Law The subject property exceeds the City's minimum dimensional requirements of the C zoning district and is consistent with the Community Development Code. The current use of the property, however, will be nonconforming upon annexation. IV. CONSISTENCY WITH THE COUNTYWIDE PLAN: Recommended Findings of Fact There is no change requested in the Countywide Future Land Use Plan designation for the site, which will remain Commercial General (CG) with a maximum floor area ratio of 0.55 and impervious surface ratio of 0.90. Recommended Conclusions of Law No change is proposed for the Future Land Use Plan designation of the property proposed for annexation and the use and intensity of the property is consistent with the current designation. V. CONSISTENCY WITH PINELLAS COUNTY: Recommended Findings of Fact Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council staff has reviewed this annexation and determined it complies with all applicable ordinance criteria. Pinellas County Ordinance No. 00-63(1)(a) requires that a proposed annexation be both contiguous to the existing municipal boundaries and compact. This site is contiguous with the existing City boundaries to the west, east, and south and represents a logical and appropriate extension of the existing boundaries. The compactness standard requires that the annexation not create an enclave or a serpentine pattern of municipal boundaries. Staff Report - Community Development Board - June 21, 2005 - Case ANX2005-03008 Page 4 ~- Recommended Conclusions of Law The property proposed for annexation is contiguous to city boundaries and is compact in its concentration; therefore the annexation of this property is consistent with Pinellas County Ordinance No. 00-63. VI. CODE ENFORCEMENT ANALYSIS: There are no current code enforcement violations or any code enforcement history on this site. SUMMARY AND RECOMMENDATIONS: The proposed annexation can be served by City of Clearwater services, including sanitary sewer, solid waste, police, fire and emergency medical services without any adverse effect on the service level. The proposed annexation is consistent with both the City's Comprehensive Plan and is consistent with Pinellas County Ordinance No. 00-63 regarding municipal annexation. The site complies with the minimum dimensional standards of the Commercial (C) zoning district, however, the existing use will be nonconforming upon annexation. Based on the above analysis and recommended findings of fact and recommended conclusions of law, the Planning Department recommends the following actions on the request: (a) Recommend APPROVAL of the annexation of 1.18-acres of property and abutting 0.51- acres of abutting Terrace Drive East and Anna Avenue rights-of-way to the City of Clearwater; (b) Recommend APPROVAL of the Commercial General (CG) Future Land Use Plan classification; and (c) Recommend APPROVAL of Commercial (C) zomng classification pursuant to the City's Community Development Code. Prepared by Planning Department Staff: Michael Schoderbock, Consulting Planner Attachments: Application Location Map Aerial Photograph Proposed Annexation Future Land Use Map Zoning Map Surrounding Uses Map Site Photographs S:\Planning Department\C D BlAnnexationslANX - 2005IANX2005-03008 2300 Drew St Clearwater Collision Center1ANX2005-03008 staff report. doc Staff Report - Community Development Board - June 21, 2005 - Case ANX2005-03008 Page 5 o ST ~ " U c~ ST ~~ ~ I WHITMAN ST z ffil ~ ~ CHAUCER 5T it ~I SHELLEY 5T I " o ~ ~ Location Map Owner CARS-DB4 LP Case: ANX2005-03008 Property Size 1.18 Site: 2300 Drew Street (Acres): 0.51 Land Use Zoning PIN: 07 -29-16-7 6446-000-1040 From: CG [County) C-2 (County) 07-29-16-90126-001-0310 To: CG [City) C (City) Atlas Page: 281A Aerial Photograph Owner CARS-DB4 LP Case: A NX2005-03008 Site: 2300 Drew Street Property Size 1.18 [Acres): 0.51 Land Use Zoning PIN: 07-29-16-76446-000-1040 From: CG (County) C-2 (County) 07-29-16-90126-001-0310 To: CG (City) C (City) A tlas Page: 281A DREW ST N N '" '" ~ --I 1 1 1 1 1 1 1 1 __--1 ___-, ,""--1-1 : Ir--ril : : :: :: I ,--I IL---J: I --I ----- 1 1 l_1 L____________J- 2261 1 1 1 1 1 1 1 _________J ...----, 1 1 1 1 1 1 1 1 1 1 Lu--' Proposed Annexation Owner CARS-DB4 LP Case: A NX2005-03008 1.18 0.51 Site: 2300 Drew Street Property Size (Acres): - - Si P. Land Use Zoning PIN: 07 -29-16-7 6446-000-1040 07-29-16-90126-001-0310 From: CG (County) C-2 (County) To: CG (City) C (City) Atlas Page: 281A r-------, I I iRIfJG '" "- ~ "" "" ~ <:l <;; " ... ~ ... ... ~ '" '" ~ '" '" N N DREW ST N Ol ~ --I I I I I I I I I -_...! IN ___-, ,';--1-1 : ir--'Ii : I II II I i Ii Ii : r-- II..---J I I --I ----- I I ~J L____________J --------1 1---1 ,: I I I I I I : i Lu--I _________J 2261 Future Land Use Map Owner CARS-DB4 LP Case: AN X2005-03008 1.18 0.51 Site: 2300 Drew Street Property Size (Acres): Land Use Zoning PIN: 07 -29-16-7 6446-000-1040 07-29-16-90126-001-0310 From: CG (County) C-2 (County) To: CG (City) C (City) A tlas Page: 281A g: 0> 0> '" '" DREW ST --I I I I I I I I I __...1 2261 ___-, ,5""-1-1 : :,__'1: : I II II I : :i Ii : r-- I~===:J J --I I ~J L--__________J --------1 1---1 I: I , I I I I I I I I LLI--1 _________J Zoning Map Owner CARS-DB4 LP Case: ANX2005-03008 Property Size 1.18 Site: 2300 Drew Street (Acres) : 0.51 Land Use Zoning PIN: 07-29-16-76446-000-1040 From: CG (County) C-2 (County) 07-29-16-90126-001-0310 To: CG (City) C (City) Atlas Page: 281A DREW ST '" '" '" '" ~ --, I I I I I I I I __-.J Church 2261 ___.., 1':--1.., : 1,--'1: I I " II I I :1 Ii I r-- IL.---J I I --I ----- I I ~"J L--__________J --------1 1---1 I I I r I I I I J I Lu--' _________J Existing Surrounding Uses Map Owner CARS-DB4 LP Case: AN X2005-03008 1.18 0.51 Site: 2300 Drew Street Property Size (Acres): Land Use Zoning PIN: 07-29-16-76446-000-1040 07-29-16-90126-001-0310 From: CG (County) C-2 (County) To: CG (City) C (City) A tlas Page: 281A l: View looking northwest from Anna A venue. 2: View looking northeast from Terrace Drive E. 3: View looking east from Terrace Drive E. 4: View looking north from Drew Street. 5: View looking southwest from Anna Avenue. CARS-DB4LP PROPERTY. ANX2005-03008 2300 Drew Street City Council Cover Memorandum P LD -- L..J{ q ,.L\ Tracking Number: 1,436 Actual Date: 07/21/2005 Subject / Recommendation: Approve the Annexation, Land Use Plan Amendment from County Residential Medium (RM) to City Residential Medium (RM) and Zoning Atlas Amendment from the County R-3, Single-Family Residential District, to the City Medium Density Residential (MDR) District for 2077 Palmetto Street (Portions of Pinellas Groves Subdivision, in Section 12, Township 29 South, Range 15 East); and Pass Ordinances 7456-05, 7457-05 & 7458-05 on first reading. Summary: The subject property is located on the south side of Palmetto Street, approximately 800 feet west of Belcher Road. The applicant is requesting this annexation in order to receive water, sanitary sewer and solid waste service from the City. The property is located within an unincorporated enclave and is contiguous to existing City boundaries to the west, east, and south; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. The subject site is approximately 29.83-acres in area and is currently vacant. It is proposed that the property have a Future Land Use Plan designation of Residential Medium (RM) and a zoning category of Medium Density Residential (MDR). The applicant proposes a multi-family development. The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: The proposed annexation will not have anadverse impact on public facilities and their level of service. The proposed annexation is consistent withthe City's Comprehensive Plan, the Countywide Plan and the Community Development Code. The proposed annexation is located within anenclave and its annexation will reduce such enclave. This annexation has been reviewed by the Pinellas Planning Council (PPC) staff according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been raised. Please refer to the attached annexation (ANX2005-03009) report for the complete staff analysis. The Community Development Board reviewed this application at its public hearing on June 21, 2005 and unanimously recommended approval of the application. Originating: Planning Section Quasi-judicial publiC hearings Category: Annexations, Land Use Plan and Zoning Number of Hard Copies attached: 0 Public Hearing: Yes Advertised Dates: 06/06/2005 ~ ~ _@,,,,,,,,A9!!!~,! Co~~,!: MemC!r~,!!,~um City Council Financial Information: Review Approval Gina Clavton 06-28-2005 13:02: 13 Garrv Brumback 07-06-2005 10:48:31 Michael Delk 06-28-2005 15:08:43 Cvndie Goudeau 07-15-2005 10:19:35 Leslie Dougall-Sides 06-29-2005 10:29:52 Bi II Horne 07-14-2005 16: 16: 16 ORDINANCE NO. 7456-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF PALMETTO STREET, APPROXIMATELY 800 FEET WEST OF BELCHER ROAD, CONSISTING OF LOT 12, PINELLAS GROVES SUBDIVISION, WEST 112 FEET OF LOT 5, PINELLAS GROVES SUBDIVISION, LOTS 3, 4, 13, AND 14, PINELLAS GROVES SUBDIVISION, AND LOT 5, LESS THE WEST 112 FEET THEREOF, PINELLAS GROVES SUBDIVISION, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF PALMETTO STREET, WHOSE POST OFFICE ADDRESS IS 2077 PALMETTO STREET, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY 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: Legal description attached hereto (ANX2005-03009 ) 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. 7456-05 ORDINANCE NO. 7457-05 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 ON THE SOUTH SIDE OF PALMETTO STREET, APPROXIMATELY 800 FEET WEST OF BELCHER ROAD, CONSISTING OF LOT 12, PINELLAS GROVES SUBDIVISION, WEST 112 FEET OF LOT 5, PINELLAS GROVES SUBDIVISION, LOTS 3, 4, 13, AND 14, PINELLAS GROVES SUBDIVISION, AND LOT 5, LESS THE WEST 112 FEET THEREOF, PINELLAS GROVES SUBDIVISION, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF PALMETTO STREET, WHOSE POST OFFICE ADDRESS IS 2077 PALMETTO STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL MEDIUM; 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 Legal description attached hereto (ANX2005-03009 ) Land Use Cateaorv Residential Medium 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. 7456-05. 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. 7457-05 ORDINANCE NO. 7458-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF PALMETTO STREET, APPROXIMATELY 800 FEET WEST OF BELCHER ROAD, CONSISTING OF LOT 12, PINELLAS GROVES SUBDIVISION, WEST 112 FEET OF LOT 5, PINELLAS GROVES SUBDIVISION, LOTS 3, 4, 13, AND 14, PINELLAS GROVES SUBDIVISION, AND LOT 5, LESS THE WEST 112 FEET THEREOF, PINELLAS GROVES SUBDIVISION, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF PALMETTO STREET, WHOSE POST OFFICE ADDRESS IS 2077 PALMETTO STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS MEDIUM DENSITY RESIDENTIAL (MDR); 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 Legal description attached hereto (ANX2005-03009 ) Zonina District Medium Density Residential 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. 7456-05. 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. 7458-05 CDB Meeting Date: Case Number: Owner/Applicant: Location: Agenda Item: June 21. 2005 ANX2005-03009 Boos Development Group / Harry Cline 2077 Palmetto Street F4 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: (a) Annexation of 29.83-acres of property to the City of Clearwater along with 0.0928-acre of abutting right-of- way; (b) Future Land Use Plan amendment from Residential Medium (RM) Category (County) to Residential Medium (RM) Category (City of Clearwater); and (c) Rezoning from R-3, Single-Family Residential District (County) to Medium Density Residential (MDR) District (City of Clearwater). SITE INFORMATION: PROPERTY SIZE: 1,299,395 square feet or 29.83 acres (1,020 feet wide by 1,290 feet deep) PROPERTY USE: Current Use: Proposed Use: Vacant Multi-family dwellings PLAN CATEGORY: Current Category: Proposed Category: Residential Medium (RM) (County) Residential Medium (RM) (City) ZONING DISTRICT: Current District: Proposed District: R-3, Single-Family Residential (County) Medium Density Residential (MDR) (City) Staff Report - Community Development Board - June 21, 2005 - Case ANX2005-03009 Page 1 SURROUNDING USES: North: Industrial Uses South: Single-family residential East: Place of Worship West: Multi-family residential and Place of Worship ANALYSIS: This annexation involves a 29.83-acre property consisting of four vacant parcels located on the south side of Palmetto Street, approximately 800 feet west of Belcher Road. The property is located within an unincorporated enclave and is contiguous to existing City boundaries to the north, east, west, and south; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. The applicant is requesting this annexation in order to receive sanitary sewer and water service from the City. It is proposed that the abutting Palmetto Avenue right-of-way not currently within the City limits also be annexed. The property should be assigned a Future Land Use Plan designation of Residential Medium (RM) and a zoning category of Medium Density Residential (MDR). I. IMPACT ON CITY SERVICES: Recommended Findings of Fact Water and Sewer Sanitary sewer and water service will be provided by the City of Clearwater and the City has adequate capacity to serve this property. The closest sanitary sewer line is located in the adjacent Marilyn Street right-of-way. The closest water line is located in the adjacent Palmetto Street right-of-way. The applicant will need to pay the City's sewer and water impact fee and assessment fee and is aware of the additional costs to extend City sewer and water service to this property when the property is developed. Solid Waste Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal agreement with Pinellas County to provide for the disposal of solid waste at the County's Resource Recovery Plant and capacity is available to serve the property. Police The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. There are currently 56 patrol officers and seven patrol sergeants assigned to this district. Community policing service will be provided through the City's zone system and officers in the field. The Police Department has stated that it will be able to serve this property and the proposed annexation will not adversely affect police service and response time. Fire and Emergency Medical Services Fire and emergency medical services will be provided to this property by Station .#48 located at 1700 N. Belcher Road. The Fire Department will be able to serve this property. The proposed annexation will not adversely affect fire and EMS service and response time. Staff Report - Community Development Board - June 21, 2005 - Case ANX2005-03009 Page 2 Recommended Conclusions of Law The City has adequate capacity to serve this property with water, sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service. II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.2] Recommended Findings of Fact The Pinellas County Comprehensive Plan and the Countywide Future Land Use Plan map designate the site as Residential Medium (RM). It is the purpose of the RM category to depict those areas of the County that are now developed, or appropriate to be developed, in a moderately intensive residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the urban qualities, transportation facilities and natural resource characteristics of such areas. Residential is the primary use in this plan category up to a maximum of fifteen (15) dwelling units per acre. Secondary uses include Residential Equivalent; Institutional; TransportationJUtility; Public Educational Facility; Ancillary Non-Residential and Recreation/Open Space. The proposed annexation is consistent with and promotes the following objective of the City of Clearwater Comprehensive Plan: 2.4 Objective - Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Recommended Conclusions of Law The property proposed for annexation is located within an enclave within the City's urban service area. The proposed annexation is consistent with the City's Comprehensive Plan. III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS: [Sections 2-1001.1. & 4-604.F.5.] Recommended Findings of Fact The site is currently zoned R-3, Single Family Residential District in Pinellas County. The applicant proposes to rezone the property to the Medium Density Residential (MDR) District. Under the current MDR zoning district provisions, a minimum lot width of 50 feet and a minimum lot area of 5,000 square feet are required for a detached dwelling. The site is over 29 acres in area and is 1,020 feet in width. Staff Report - Community Development Board - June 21, 2005 - Case ANX2005-03009 Page 3 Recommended Conclusions of Law The subject property exceeds the City's mInImUm MDR dimensional requirements and IS therefore consistent with the Community Development Code. IV. CONSISTENCY WITH THE COUNTYWIDE PLAN: Recommended Findings of Fact There is no change requested in the Countywide Future Land Use Plan designation for the site, which will remain Residential Medium (RM) with a maximum density of 15 dwelling units per acre. Recommended Conclusions of Law No change is proposed for the Future Land Use Plan designation of this property and the use and density of the property is consistent with the current designation. V. CONSISTENCY WITH PINEL LAS COUNTY: Recommended Findings of Fact Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council staff has reviewed this annexation and determined it complies with all applicable ordinance criteria. Pinellas County Ordinance No. 00-63 requires that a proposed annexation be both contiguous to the existing municipal boundaries and compact. This site is contiguous with the existing City boundaries to the north, east, west and south and represents a logical and appropriate extension of the existing boundaries. The compactness standard requires that the annexation not create an enclave or a serpentine pattern of municipal boundaries. Recommended Conclusions of Law The property proposed for annexation is contiguous to city boundaries and is compact in its concentration; therefore the annexation of this property is consistent with Pinellas County Ordinance No. 00-63. VI. CODE ENFORCEMENT ANALYSIS: There are no current code enforcement violations or any code enforcement history on this site. Staff Report - Community Development Board - June 21, 2005 - Case ANX2005-03009 Page 4 SUMMARY AND RECOMMENDATIONS: The proposed annexation can be served by City of Clearwater services, including water, sanitary sewer, solid waste, police, fire and emergency medical services without any adverse effect on the service level. The proposed annexation is consistent with both the City's Comprehensive Plan and is consistent with Pinellas County Ordinance No. 00-63 regarding municipal annexation. Based on the above analysis, findings of fact and conclusions of law, the Planning Department recommends the following actions on the request: (a) Recommend APPROVAL of the annexation of29.83-acres to the City of Clearwater; (b) Recommend APPROVAL of the Residential Medium (RM) Future Land Use Plan classification; and (c) Recommend APPROVAL of the Medium Density Residential (MDR) zomng classification pursuant to the City's Community Development Code. Prepared by Planning Department Staff: Michael Schoderbock, Planning Consultant Attachments: Application Location Map Aerial Photograph Proposed Annexation Future Land Use Map Zoning Map Surrounding Uses Map Site Photographs S:IPlanning DepartmentlC D BlAnnexationslANX - 20051ANX2005-03009 2077 Palmetto St Boos DevelopmentlANX2005-03009 staff report. doc Staff Report - Community Development Board - June 21, 2005 - Case ANX2005-03009 Page 5 Location Map Owner Boos Development Group Case: ANX2005-o3009 Property Size 29.83 Site: 2077 Palmetto Street (Acres): R-O-W Size .0928 Land Use Zoning 12-29-15-70182-400-0300 PIN: 12-29-15-70182-400-0500 12-29-15-70182-400-0501 From: RM (County) R-3 (County) 12-29-15-70182-400-1200 To: RM (City) MDR (City) Atlas Page: 280B Aerial Photograph Owner Boos Development Group Case: A NX2005-o3009 Property Size 29.83 Site: 2077 Palmetto Street (Acres) : R-O-W Size .0928 Land Use Zoning 12-29-15-70182-400-0300 PIN: 12-29-15-70182-400-0500 From: RM (County) R-3 (County) 12-29-15-70182-400-0501 12-29-15-70182-400-1200 To: RM (City) MDR (City) Atlas Page: 280B r---' 1 1 I I 1 I L__~ ~ , 1 ,I ~ Li-~--~r---J "\' 1 I r r--' L__I 1_' ,.....----, L____I CJ ~ ~~~~~~~ r--------, I I I I, 1._____1 11 L__J' n '-J ----, I _-.___...~_.J ,_I I I I J I _~J ) L_ _-'=-=JI r'f9H--4~l L_"--l.__J c"'l' "'"""' : rl I, I I ~ I I I,~ f'od L_ _...J r-roor-"TOt111 ...__r--1.__1 -I ,..., : r' I, : I I I I moo] :;0'1 L_ _...J f"- 1 I I J I I I I 10-1 LJ 1',.-3'2---"1 L -~-- r ~-l : l-: _ " I I L ' ~ L : I I I I -L_ 1""11'''f "'-, 1-' [,;' [,-,I I I' II I L-, ',' ~ ' : T' I I r' I I I I I I,' I L I : I U I I I I I -- ,-----f"'-J I I : L l_J ~___'!.~ !:"..d l!~J L~-::-:~2~ ~~:.-~ [=~~-=--=-~J Proposed Annexation Owner Boos Development Group Case: A NX2005-03009 Property Size 29.83 Site: 2077 Palmetto Street (Acres) : R-O-W Size .0928 Land Use Zoning 12-29-15-70182-400-0300 PIN: 12-29-15-70182-400-0500 From: RM (County) R-3 (County) 12-29-15-70182-400-0501 12-29-15-70182-400-1200 To: RM (City) MDR (City) Atlas Page: 280B 1 , , , ~ ~ '" c '" 1;; IL , 1 ....1'" C C 1~ ~L~~__~~____J , 1 I r,..... L__I 1_' r---, ,-----, [~ ,.. ---<'<<'\1(\1 ~ ~~ ~~~ 1--------1 , , 1 , 1 L._____-, I 1 L_J1 n '-J '--I , , L l L I " l NS I, L , ' 1- ----I I 1 I 1 1 _~J 1 l_ _~=Jr -------, , _....___...,..._..J 1+36ff-i0011 ~~fi1-12iifJ :,' " I I ~ " l!~6 E~ i-tOO8'""iOQ1 L..__'--L.__' re~ I!9I "I ',1 " " t, ~J 1j01- , ' , J , , , , /109 LJ [ftlll1'15p6 ....-1 A;;-' '150-' fa-1,' , "" '--' "'1' 1) " l' , 1 ~ 1 ' ~ 1 1 I,' 1 ~ U,_____~.V r I 'L 1_' @~-_?!lrf ~ ~.Qt L~T_=__::]91~!.=.:._:..~C~7~._=__=_~ Future Land Use Map Owner Boos Development Group Case: ANX2005-03009 Property Size 29.83 Site: 2077 Palmetto Street (Acres) : R-O-W Size .0928 Land Use Zoning 12-29-15-70182-400-0300 PIN: 12-29-15-70182-400-0500 From: RM (County) R-3 (County) 12-29-15-70182-400-0501 12-29-15-70182-400-1200 To: RM (City) MDR (City) A tlas Page: 280B I -, I I I I I I L ..!: ~ '" c ~ '" ,196& -1*"1 ~~TtiOi : rl I, I I \ I I ~516 f:~~ 1""1008-1001 ~__r--I..__I f1tl~ fJ6i I" I, i I I I I ,~, ~J fJj. I I I J I I I I ~g I_J ;t8fl1rl5jJ6 0"-1 ;;-, ,-, ~ I I ' II 1 1_-, ')'1)!;iO' 101, I I ~ : ' ~ i I : I' I L I I ~6 I r I I I I I --'-----1 _J " I L '-' @~~1lW V.Qt L~!:"_=_.::::Wt:___~~_=_~ o 513 Zoning Map Owner Boos Development Group Case: ANX2005-03009 Property Size 29.83 Site: 2077 Palmetto Street (Acres) : R-O-W Size .0928 Land Use Zoning 12-29-15-70182-400-0300 PIN: 12-29-15-70182-400-0500 From: RM (County) R-3 (County) 12-29-15-70182-400-0501 12-29-15-70182-400-1200 To: RM (City) MDR (City) Atlas Page: 280B r -, I I I I I I L ~ ~ r I I 11 ~ L~-r--~r---' 111 ... \ 1 I r...._ L__I I_I [~ ~ ~~~~~~~ I--------"j I I I I, L-----1 11 L.__J' -, ______1 n l-J 1--1 I I , , l I I' \ 1..1 I., t ~I" '-~_J I I I 1 1 __I ) l Chu ...r-_,_ _JI -------, I -...----...,..-~ 1--........1 1""""'---' 1"'- ~"'P--~:;-J L.,Oij~-LfH" ! ~ I rl I,: I r' I, ilL J-""1 ~~ tJM-'!lt~J _~ i1~ 1 il i~' (~~:i#entf 'I l L I I I I I I ,I I J I rl r I I U I :: I I I -- ,-----f"'-J ,I I L I l_J ~__-....~1 ~~ t!~J -t_ r;O,--..I1'ol r301"L......-j;f ,-saf'--a-' ~ L______ L____J I______J I_J 513 Existing Surrounding Uses Map Owner Boos Development Group Case: ANX2005-o3009 Property Size 29.83 Site: 2077 Palmetto Street (Acres) : R-O-W Size .0928 Land Use Zoning 12-29-15-70182-400-0300 PIN: 12-29-15-70182-400-0500 From: RM (County) R-3 (County) 12-29-15-70182-400-0501 12-29-15-70182-400-1200 To: RM (City) MDR (City) Atlas Page: 280B t l: View looking south from Palmetto Street. 2: View looking west from Palmetto Street. 3: View looking east from Palmetto Street. 4: View looking northeast from Marilyn Street. 5: View looking east along south side of property. BOOS DEVELOPMENT PROPERTY. ANX2005-03009 2077 Palmetto Street ~~ Cl~ City Council _=ffl"',""""~!!'~''''co~~.!:""~,~"!!!,~,,!:C!~,,~,,,=,,=,,, CR-- I \() 0 \ Tracking Number: 1,416 Actual Date: 07/21/2005 Subject / Recommendation: Adopt Ordinance 7397-05 on second reading, annexing certain real property whose post office adress is 3070 Gulf-to Say Srvd., into the corporate limits of the citv, 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: 06/05/2005 07/10/2001 Financial Information: Review Approval Leslie Douaall-Sides 07-06-2005 15:38:31 Leslie Douqall-Sides 07-06-2005 15:42:38 Cvndie Goudeau 07-07-2005 10:36:42 ~Q.: C{4-\ 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, BA 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 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. 7397-05 . liD Ill.. . . . 1 I" ~i~ !..! LJ 130 'I I --, L,-J i r;1 i!: r--' r::205~ 3 307 0 1 J : 21J" 0 1 ' 30lI 300 ~207 ~ ( l ~ G:I ,-~! ;i: L__I :5 r"11 :li. 3 " . 8 ~ I I :t L__ 5 . 0 ~ --, 7 Q 10 . . ; ''1 ~ ,~ I 323 1--' C 33" /--' CAROLINA AVE. 1 I I( 1 r 1 1 , r 1 ( :utI 407 1 33" ___J ~__I r- -- 0 r" 2 " 10-. (I) ~ ).. ~ Ii! ~ II> lil ~ 1 110;1 -j Applicant: City of Clearwater 2 3 4 GULF-Ta-SA Y SL VO r- ~ Annexation Map. Case: ANX2004-12020 Unnamed right-of-way 16 feet in width and Site: 300 feet in length site, located along the north side of 3070 Gulf to Bay Boulevard From: To: Land Use N/ A (County) CG Cit R-O-W Size (Acres): 0.11 Zoning N/A (County) PIN: 16-29-16-??oo0-230-0200 C Ci Atlas Page: 292A ~~ Cl~ City Council __~",,~g~nda_!;~~~r Memoral!,!!,!:!,!!!",,,,,,,,_,, C.R-d \G.d Tracking Number: 1,417 Actual Date: 07/21/2005 Subject / Recommendation: Adopt Ordinance 7398 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 3070 Gulf-to-Bay Blvd., upon annexation into the City of Clearwater, as Commercial General. Originating: City Attorney Section Second Readings - publiC hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 06/05/2005 07/10/2005 Financial Information: Review Approval Leslie Douaall-Sides 07-06-2005 15:41 :57 Cvndie Goudeau 07-07-2005 10:35:43 ~.. C{.)- J. 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: Propertv See legal description attached hereto. (ANX2004-12020) Land Use Cateaorv 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 Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7398-05 -- , c CAROLINA AVE. I I [__J i 407 CG 5 5 ... 0 U) >- ~_ 8 7 :i ~ i .. Ii! I I ~ . l' . 7 0 - :t .... ~ :5 3t L__ 0 a 10 0 ; ~ i I 'J" 323 Applicant: City of Clearwater 2 3 4 i r;;~ i: ,--" r:!20S ' 0 I J L21f 0 I - 300 CD ~20d " , :Ii: L_l L~' UI .... :5 ~ :& rii~ ,--., I . I :u~, I I , I r I ( :u1 1 33t. ___J .._I \! l'i I -j GULF-TO-BA Y BL VD I RIDS .---, future Land Use Map 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-OOOOO-2~200 From: N/A (County) NI A (County) To: CG Cit C Ci A tlas Page: 292A ~~ Cl~ City Council _",.,.,...,.".~g,~n~!!.,..,~.~~er Mem~'~'!:!'~'!:!'!!!"'"''''M~''''''' CA- 3 \O,'S Tracking Number: 1,418 Actual Date: 07/21/2005 Subiect / Recommendation: Adopt Ordinance 7399-05 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 3070 Gulf-to-Bay Blvd., upon annexation into the City of Clearwater, as Commercial (C). Originating: City Attorney Section Second Readings - publiC hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 06/05/2005 07/10/2005 Financial Information: Review Approval Leslie Douoall-Sides 07-06-2005 15:49:09 Cvndie Goudeau 07-07-2005 10:34:34 \lo:~-) 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: Propertv 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 1iC' r---- .11 ~^\ to\ 8 10 8 8 7 8 ~ I p: ""-' 1 II' I J U 130 Ill: -('~/~ ~,,' $1 ,,\ ~ ~~ . I --, L,J 7!/Jf~ Ie ~ d -~ ~ 201 r-' ~ ~ -.I 1 2 3 4 5 1 2 3 4 5 ~ 7 rll', ;:-~_ 1 5 1- , I I ~ J ~ -, 225 -- I I I 8L j , r' 10 II( 8 23 22 21 20 18 18 17 1.... it-- - I-- - r , I f-.! 227 - ~ r--' r2~1 i: ~205 1 ,~ ~ I~~ I.#': rll 1 J L21f '1 0 1 ' I -.I 300 0 ,1207) II , 1 I 1 ~ 1 I, l_~ l .1 J I Oil L__J 8 r1' in 3 4 5 :s I \ 7 8 8 ~ I I ~ - ~ L__ ~l \ 8 0 i --, 7 Q 10 8 8 ~ 1I 23 22 ~ ~- 19 18 ~-,I ~cr i ..n. ~ L- .I- -1 ~ .. I ~ ~ ~ I I "323 11 r-' -- , t.: . 338, ,--' r I At 1 343~ ,--"" I 33P~1 ..... ~ ~~ 407 ~ -- 1--- ---'" ,-__I j- 0 ..' f::: 1I 1 2 'l 4 5 5 ~ to. -. fIJ ~ 8 1 I >- C ~~ ~- 8 7 ~~ 10 71 8 ~ ~ i .. I~ .- lil 1 ~ ~ I_I . i ..,lil -- 1"1 .. -, L- ~ GULF-TO-SA Y SL VD ~ a /1,~ \ 10- OSR , f--C U'Il 1---' ~ \ ,r u- ::.-\ 2 \ 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-Q-W Size 0.11 north side of 3070 Gulf to Bay Boulevard (Acres): Land Use Zoning PIN: 16-29-16-0??oo-230-0200 From: N/A (County) N/A (County) To: CG ICity) C ICity) Atlas Page: 292A ~h! u~ City Council Cover Memorandum ~A- - L.i \D.L-\ Tracking Number: 1,419 Actual Date: 07/21/2005 Subject I Recommendation: Adopt Ordinance 7430-05 on second reading, annexing certain real property whose post office address is 1481 Sandy Lane, into the corporate limits of the city, and redefining the boundary Ines of the city to include said addition. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearinq: Yes Advertised Dates: 06/05/2005 07/10/2005 Financial Information: Review Approval Leslie Douaall-Sides 07-06-2005 15:44:59 Cvndie Goudeau 07-07-2005 10:38: 15 ~: c..A4 ORDINANCE NO_ 7430-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF SANDY LANE, APPROXIMATELY 180 FEET WEST OF HIGHLAND AVENUE, CONSISTING OF LOT 35, ALTO ESTATES, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF SANDY LANE, WHOSE POST OFFICE ADDRESS IS 1481 SANDY LANE, 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 35, Terra-Alto Estates, as recorded in Plat Book 45, Page 5, Public Records of Pinellas County, Florida, together with the abutting right-of-way of Sandy Lane. (ANX2005-02004 ) 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. 7430-05 1:; <"l --1 ,-1V96 --'t :; I I I I l""" - 1_- I 1_, __I I___J -, -7 , --' -, - _J rr- L._"""j I I I I LI : -..,~_... ---------, I I I I ----______1 -----------1 I I I I __________..J ""--1 r--, : L--1 '__J I , I~ I I I I , I I I , L 1_ I 1~.., \ Owner Site: From: To: I I I I L--,J------11812 OTTEN ST 1780 1750 I ---I L_r--'" 1745 ,'~ //',./// ') ( , , , , / , / , , , / V L__I L_..J 1801 '--I " , L___J ~---r J : L___J ,,---~ '___J :z: :!: G') ~ :b ~ :b ~ 1799 ,--, J , L___J ~---1 I, .. , I 1 I r___J ,...---, I, I 1___1 ~--~ I I I ,- 17s,J 1741 r--I I I II I L_" l-I~ IJ : ,---, 1731 1p11 'I ---~ :~ L: L__'..s L__I '-1- I] IJ I I 1711 Proposed Annexation Martin A werbach Case: 1481 Sandy Lane Property Size(Acres): R.O.W. Size (Acres): Land Use Zoning RU(County) R-3 (County) RU (City) LMDR (City) Atlas Page: PIN: GREENLEA DR j--: :L__-:-: iL----: j'_: l-,J L---,J L---,j LJ-J ,.._......"L, \.., ,.J r' LI I, ,I ro' " I , 'j I L....,;-_J ,r, , I ,__I : \.._____1 r-r-L_-. 'I IJ I~ 'I ~ ,I ,.I I, I I L - , I ~ - L_~J_J r-) , J " ) L , I , ~ 1 I , r..__J ~-~ I , I ' I ,I \ II , . L_-' r-'i L ' I I - I I \ , , r' ~ ',--) ,-' \ ' ~ r' \ 'I \ t I , J I 't.._..! '---ip I-'~-' r-'..:-~ r"'--~ _I--L L_l-! L--:.JL-"",<-~ L__j L__ SANDY LN .... I-~-_~ 1-......- I ~ : I L__J I__J-~ ~ <"l ~ L~} _==J _-;~ ---~ L_~ ---" --....11 ROSEMONTDR ~ ~ ~ - ---; r--~ J;Lr-' ....-1 ~ T I 'T - I I ~.." I II I II I, ---- L___-, -l._r...J 1-I_J-..1 ,---I 1--' _ "'--L_ 1 ~' -lur~'- ~ --- I I __151 ~ I-J 1'- l_.J ,...1__,_" __J-~ '-___ ANX2005-02004 0.17 0.08 02-29-15-90288-000-0350 261A ~h! u~ City Council _"W,"~gend3!w,"~~ver ~I'!!,!!!~,!!,~t!:!,!!!""" CA-5 \().~ Tracking Number: 1,420 Actual Date: 07/21/2005 Subject I Recommendation: Adopt Ordinance 7431-05 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 1481 Sandy Lane, upon annexation into the City of Clearwater, as Residential Urban. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearinq: Yes Advertised Dates: 06/05/2005 07/10/2005 Financial Information: Review Approval Leslie Douaall-Sides 07-06-2005 15:43:33 Cvndie Goudeau 07-07-2005 10:39: 12 \to.: tA- S-- ORDINANCE NO. 7431-05 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 ON THE SOUTH SIDE OF SANDY LANE, APPROXIMATELY 180 FEET WEST OF HIGHLAND AVENUE, CONSISTING OF LOT 35, ALTO ESTATES, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF SANDY LANE, WHOSE POST OFFICE ADDRESS IS 1481 SANDY LANE, 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 35, Terra-Alto Estates, as recorded in Plat Book 45, Page 5, Public Records of Pinellas County, Florida, together with the abutting right-of-way of Sandy Lane. (ANX2005-02004 ) Land Use CateQorv 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. 7430-05. 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. 7431-05 i..r 1I" l_J '" '" --1 1~96 --~ ~ I II I :- 1 1_.., __I I___J -'--7 T/U , --' RIDS -"I ..._-L.__ _J rJ 1 I I I I LI I _-._.-_J ---------1 I I I I ----______1 -----------1 I I I I __________.J ---1 '--I : L.--, 1__1 I , I~ I I I I I , I , I I 1_ 1-1...., , Owner Site: From: To: I INs..r----JI812 OTTEN ST 1780 1745 ,,~ ///',,/// ') , / , / , / "INS '--I [ I' LEv8 Future Land Use Map Martin Awerbach ___I L_J 1--1 " , L___' ~---r 'J : L___J ~---~ I___J 1799 1--, J , L___J ~---l 'I - I I I I r___J ....---, I, i' 1___, 1801 CG GREENLEA DR j--: :L__-=-: 1'----: jL_: l_,J l__--,J L---,J LJ-J -, ,.._..l _, L.1 I"" r' 'I I, ,I rl I, /"" L ~ I I I ~H--I I r.--...~ _____1 r-'-L-.... '1 IJ IJ 'I ~ ,I ~ I, 1 I , " , I " L L_"!-J_J r-l , , rl ~ L 1 , , " 1 I ' r...__J \-~ I .. I I I ' I " I I \ I , . L_....J r-) L I I , - , I , , , ,I , I \ ,--, ,...-, \ ' ~ rl \ 'I I . J , I , I I 'L._-f ~--~ I I '---;p iD 1 1''':-... r'--a, _I--L 1~,r L-d~ !'-'(~-.- L---...l L__J L~__ 1741 '---1 I I II I L_" 1-"""1~ I' i 1___1 SANDY LN Ol It) _ s-"b -11l;j-1 """1 '" 1 t"L_J ~ -I--I~ -1...J -L_~ -...... _I - ---~ I. "' -~ ---'" --....11 ROSEMONTDR 17?1 " C') 0) I.() _ ,;LI r---.J ---~ j--~ ~r-ll-L~ I I, I L._--' ----I L I J I I I L__I ----' -1...~ -'_J-..l Case: 1481 Sandy Lane Property Size(Acres): R.O.W. Size (Acres): Land Use Zoning RU (County) R-3 (County) RU (City) LMDR (City) Atlas Page: PIN: I-l. I, I I I~ ,-_I 1---1 RLl r- I _ r r~-'iii J L" ___ I I I ~ " [""'_ I-"--~ '--1-'1 __1-4) 1____ ANX2005-02004 0.17 0.08 02-29-15-90288-000-0350 261A Cft-6 ~h! u~ City Council Cover Memorandum \() .l.9 Tracking Number: 1,421 Actual Date: 07/21/2005 Subject I Recommendation: Adopt Ordinance 7432-05 on second reading, amending the zoning atlas of the city by zoning certain real property, whose post office address is 1481 Sandy Lane, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Originatinq: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearinq: Yes Advertised Dates: 06/05/2005 07/10/2005 Financial Information: Review Approval Leslie Douaall-Sides 07-06-2005 15:44:18 Cvndie Goudeau 07-07-2005 10:40: 11 ORDINANCE NO.7 432-05 N-:Ck\-y AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF SANDY LANE, APPROXIMATELY 180 FEET WEST OF HIGHLAND AVENUE, CONSISTING OF LOT 35, ALTO ESTATES, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF SANDY LANE, WHOSE POST OFFICE ADDRESS IS 1481 SANDY LANE, 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 35, Terra-Alto Estates, as recorded in Plat Book 45, Page 5, Public Records of Pinellas County, Florida, together with the abutting right-of-way of Sandy Lane. (ANX2005-02004 ) 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. 7430-05. 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. 7432-05 t:; '" r-l i--1V96 -""j:!: ~ I II I I ~ 1__ I 1_., __I I___J -, I -7 , ,,' OS/R -, ..._-L.__ _J rJ I I I , I LI : -..._,...-~ ---------"1 I I I ----------, -----------1 I I I I -----------, ___I '--I : !...--l L_J I , I~ I I I I I I I , I I 1_ ,-'....... , Owner Site: From To: __I 1 I -..~_I I I I I ,-T. ,------11812 ..1.'- 1780 I ---I L_,--'" 1745 /'~ //'....../// ') / , " / " // ",/? I Zoning Map Martin Awerbach L___I L_J 1801 1--1 " , L___J ~---r J : L___J ,,---? '___1 1799 1--1 J , L___J ~---l 'I r I I I I i___J ....---, 11 I '___1 r- :b ~ :b ~ ~ ~ I I I 1- I'm' 1741 ""--1 I I 'I I L_" [-I~ IJ : 1___1 1731 Iptl " I -I I, I L__I i-L I, I I I~ I I If{{ Case: 1481 Sandy Lane Property Size [Acres): R.O.W. Size (Acres): Land Use Zoning RU (County) R-3 (County) RU (City) LMDR (City) Atlas Page: PIN: c j--: iL_--:-: IL----: j'-: I I I I: I II I L_,J I__--,J l...---,J L.l-.J r--":-"L, , " I I r' 'I I, ,I Mgp/!;!] r-f-L_... L, ,J ,J 'I " rl I I r , I I L ~ , I L_"LJ_J r-l , J ,1 ~ L , I , J 1 I , !:.__J ~-~ I I I ' I ,I \ 'I , , L_--' r-) L I I , r , I , , J ,I , , ~ 1__, ,-, \ ' ~ rl \ I, I ' J I I , , I 'L_.! f---~ i-L~-' f''''-~ r--~ r'--L ,-,_! ---..~ ---..~ L__.l !...~__ SANDY LN 1;; ~ 'e1 ---il; -.-~ -...... lil i:l _J ..... ____b' --.....if ROSEMONT DR [---j L_-1" '" '" '" ---Ii j--~ -@-J--' r-L~ 11 I II I: ---- L___"", -"L_r...J '-'_J-..I 1---' ,--, .r-L I , ' -Jou ,..~-'a; ~ --- I I 1; I Ul I_I _1'- I_.J--"" l__,_", __J-~ 1____ ANX2005-02004 0.17 0.08 02-29-15-90288-000-0350 261A CA- - '7 ~h! u~ City Council ~"',.....,.,,'=~,~,~,!, COV~,,~=,~~moral!~"~"'!!!"""'''''''~_'M''''''''''== \() ~ Tracking Number: 1,422 Actual Date: 07/21/2005 Subject / Recommendation: Adopt Ordinance 7433-05 on second reading, annexing certain real property whose post office address is 3001 Lake Vista 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: 06/05/2005 07/10/2005 Financial Information: Review Approval Leslie Douaall-Sides 07-06-2005 15:45:40 Cvndie Goudeau 07-07-2005 10:41:21 ORDINANCE NO. 7433-05 k:CA-7 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF LAKE VISTA DRIVE AND BAYVIEW AVENUE, CONSISTING OF LOT 1, BLOCK G, KAPOK TERRACE, WHOSE POST OFFICE ADDRESS IS 3001 LAKE VISTA 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 1, Block "G", Kapok Terrace, according to the map or plat thereof as recorded in Plat Book 36, Pages 14 and 15, Public Records of Pinellas County, Florida. (ANX2005-02005) 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 Approved as to form: Frank V. Hibbard Mayor Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7433-05 co '" ~ 1--' I -1 ~ I ~_I__J '" l<l r-, \_J [-~J I I --- _ 0 - -2, r-I 8 ..-, ~ tj4G-' 1Ij I I "- I I '-_ I r I I I I ~, I I I I ..J ,__J !..._r-J 1___1 rr-) 1___' I.J'__~ I ' I -1 r-, I I --., I I I __r I I I~ I r~ I ~l --,tOl 600 1Ij ,-- ~ '"'--__lil Proposed Annexation Owner Arthur Steele Case: ANX2005-02005 Site: 3001 Lake Vista Drive 0.32 Land Use Zoning PIN: 09-29-16-45126-007-0010 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 283A ~"'''"'ater u~ City Council Cover Memorandum CA--8 \().~ Tracking Number: 1,423 Actual Date: 07/21/2005 Subject I Recommendation: Adopt Ordinance 7434-05 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 3001 Lake Vista 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: 06/05/2005 07/10/2005 Financial Information: Review Approval Leslie Douaall-Sides 07-06-2005 15:46:33 Cvndie Goudeau 07-07-2005 10:44:28 ORDINANCE NO. 7434-05 ~ '. C()- ~ 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 LAKE VISTA DRIVE AND BAYVIEW AVENUE, CONSISTING OF LOT 1, BLOCK G, KAPOK TERRACE, WHOSE POST OFFICE ADDRESS IS 3001 LAKE VISTA 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 Land Use CateQorv Lot 1, Block "G", Kapok Terrace, according to the map or Residential Low plat thereof as recorded in Plat Book 36, Pages 14 and 15, Public Records of Pinellas County, Florida. (ANX2005-02005) 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. 7433-05. 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. 7434-05 RU RlOS ,--1_.., I 1 '91 I lLr-J - ~ - ->1-, r-I ~ ~-, ~ tj4G-J ~ I I "- I I 1_, L, r: :: J c__J L_...--I 1___1 ...--, RL 'L r' I 1---1 1- -.., I ' I -1 - I I --, I I I 1--'" 1 I I I~ I ~~ I ~ I --, ~I 600 ~ ,_J ~ l"'-__li: ~I p Future Land Use Map Owner Arthur Steele Case: ANX2005-02005 Site: 3001 Lake Vista Drive Property 0.32 Size (Acres): Land Use Zoning PIN: 09-29-16-45126-007-0010 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 283A City Council "..,_.".,~g..~!lda ~,!:!.~.~.!.,.,...~.~..!!Ior~ n~~':!.!!I....., C-R--q \0.Q ~h! u~ Tracking Number: 1,424 Actual Date: 07/21/2005 Subject / Recommendation: Adopt Ordinance 7435-05 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office addres sis 3001 Lake Vista Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Oriqinating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 06/05/2005 07/10/2005 Financial Information: Review Approval Leslie Douoall-Sides 07-06-2005 15:47:09 Cvndie Goudeau 07-07-2005 10:45:32 ORDINANCE NO. 7435-05 ~~ C-A -01 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 LAKE VISTA DRIVE AND BAYVIEW AVENUE, CONSISTING OF LOT 1, BLOCK G, KAPOK TERRACE, WHOSE POST OFFICE ADDRESS IS 3001 LAKE VISTA 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: Property Lot 1, Block "G", Kapok Terrace, according to the map or plat thereof as recorded in Plat Book 36, Pages 14 and 15, Public Records of Pinellas County, Florida. (ANX2005-02005) 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. 7433-05. 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. 7435-05 <0 0> 1!.l _ '" ~ ->1-, r-I !i\ r-~ !i\ 1jfO-' /oj I I ---I I L_ I r I I I I L...... 'I I I J ,__J L_......._l 1___1 ~ 1!.l (-\ '_J ~-~J LDR LMDR OS/R r.....--}, 1---1 I II -l "'--1 I --I..8J I r-",-I 1-- '" I L_, <0' 600 !i\ l_J ~ L.'___~ Li' RRILL AVE Zoning Map Owner Arthur Steele Case: ANX2005-02005 Site: 3001 Lake Vista Drive Property 0.32 Size (Acres): Land Use Zoning PIN: 09-29-16-45126-007-0010 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 283A C-A- - to ~h! u~ City Council Cover Memorandum \0,\ c) Tracking Number: 1,425 Actual Date: 07/21/2005 Subject I Recommendation: Adopt Ordinance 7436-05 on second reading, annexing certain real property whose post office address is 100 Baywood Avenue, into the corporate limits of the city, and redefining the boundary Ines of the city to include said addition. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 06/05/2005 07/10/2005 Financial Information: Review Approval Leslie Douaall-Sides 07-06-2005 15:47:47 Cvndie Goudeau 07-07-2005 10:32:22 h'i. '. CA-lO ORDINANCE NO. 7436-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF BAYWOOD AVENUE, APPROXIMATELY 490 FEET SOUTH OF DREW STREET, CONSISTING OF LOT 22, BLOCK "D", EASTWOOD TERRACE, SECOND ADDITION, WHOSE POST OFFICE ADDRESS IS 100 BAYWOOD AVENUE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY 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 22, Block "D", Eastwood Terrace, Second Addition, according to map or plat thereof, as recorded in Plat Book 52, Page 49, Public Records of Pine lias County, Florida. (ANX2005-02006) 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: Cynthia E. Goudeau City Clerk Leslie K. Dougall-Sides Assistant City Attorney Ordinance No, 7436-05 '" ~ <xl '" ~ ~ DREW ST DREW ST ~ 'o::t Q o ~ -:78 ~ I J ~ Ol '" r---<'l I ~ , I I , l___ ~17 I I, : C.r I tfli_, 'I - I_J 9~ 1 l_J 771 J IJ -I L___J 611--1 I r_ I" I L_~J ",_r-..., , I L__ ~ 1 L-{ll '---I I I I I I I L----k8 r )8 I-~ I I 17 r I I I 111 ~ I 'o::t I Q o ~ ~ ~ 0; '" ~ It) c ~ r---,10 I rJ 1___1 ---98 ,.r I I I I I I I , I I I I I I , 1 \ I r I I I I I I I I I I I I I I L___ 197 185 " '--I 1,,-. I_~I 173 /---, / , ( , , I ''--_../ 161 143 /------7 / / / / / / / / / / L______ 137 1{5 I I I I J 10(" -1 l~ I L__J r--J____ I I ~C~,~-I I r..;; ....11-----1 [....1 J I 1:---- I L_________~ 87 I- I I L 59 15 \1 3 Proposed Annexation Owner Claire Mudaro Case: ANX2005-02006 Site: 100 Baywood Avenue Property 0.18 Size (Acres): Land Use Zoning PIN: 18-29-16-24246-004-0220 From: RU (County) R-3 (County) To: RU (City) LMDR (City) Atlas Page: 290A 6-A-\1 ~h! u~ City Council ~'''~'''''''$,~gend,!",,~,2.y,~~~m~~~,!!!!!!,m$'''' \D.\ \ Tracking Number: 1,426 Actual Date: 07/21/2005 Subiect I Recommendation: Adopt Ordinance 7437-05 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 100 Baywood Avenue, upon annexation into the City of Clearwater, as Residential Urban. Oriqinatinq: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearinq: Yes Advertised Dates: 06/05/2005 07/10/2005 Financial Information: Review Aooroval Leslie Douaall-Sides 07-06-2005 15:48:26 Cvndie Goudeau 07-07-2005 10:31 :23 ORDINANCE NO.7 437 -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 ON THE WEST SIDE OF BAYWOOD AVENUE, APPROXIMATELY 490 FEET SOUTH OF DREW STREET, CONSISTING OF LOT 22, BLOCK "D", EASTWOOD TERRACE, SECOND ADDITION, WHOSE POST OFFICE ADDRESS IS 100 BAYWOOD AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY 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 Land Use CateQorv Lot 22, Block "0", Eastwood Terrace, Second Residential Urban Addition, according to map or plat thereof, as recorded in Plat Book 52, Page 49, Public Records of Pinellas County, Florida. (ANX2005-02006) 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. 7436-05. 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. 7437-05 '" <0 ~ 1II0G DREW ST DREW ST ~ '" r--i I, I I I L___ '---I I I I I I I L---.h8 I 18 I_I, I I 17 ~ ~ ~ or::t Cl o ~ ~ ~17 I I, I C..... I -112 I I 197 1~(J1 173 /---, / \ ( \ \ 1 ',-__..I -111 ~ W-1_ I or::t R-U liRJ I S 9f 1 I__M ~ -Lf /-"'--~8 c: I I a:: ? LI ---1 ~ L___J 61r--1 I c_ I' I I_,~J 1 rl 161 143 /------7 / / / / / I / / ,__----- ..._r"L.., , I L__ ~ 1 L~ l___ 137 U! 10f --, RMJ r-_.J""'t-_ I I ~t-.,...,_l 1-' Fjf:lS-1 [... I ] I L____ I l__________ 87 1---' I I I I I I I I I I I I I I 59 I I I I RMI I I I I 15 : : I I I I I I I I I I I I L ~J ~ r I I L 3 Future Land Use Map Owner Claire Mudaro Case: ANX2005-02006 Site: 100 Baywood Avenue Property 0.18 Size (Acres: Land Use Zoning PIN: 18-29-16-24246-004-0220 From: RU (County) R-3 (County) To: RU (City) LMDR (City) A tlas Page: 290A CA- - Id City Council ~<m".,.,.~_~I!.!:!a C~.~.!.~.,.,~.~.~,~~!_nd~,,~__,.....,m__,_, \0.\') Tracking Number: 1,4~7 Actual Date: 07/21/2005 Subject I Recommendation: Adopt Ordinance 7438-05 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 100 Baywood Avenue, 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: 06/05/2005 07/10/2005 Financial Information: Review Approval Leslie Douaall-Sides 07-06-2005 15:50:01 Cvndie Goudeau 07-07-2005 10:30:15 ~'. C-A-)d ORDINANCE NO. 7438-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF BAYWOOD AVENUE, APPROXIMATELY 490 FEET SOUTH OF DREW STREET, CONSISTING OF LOT 22, BLOCK "D", EASTWOOD TERRACE, SECOND ADDITION, WHOSE POST OFFICE ADDRESS IS 100 BAYWOOD AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY 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 22, Block "D", Eastwood Terrace, Second Addition, according to map or plat thereof, as recorded in Plat Book 52, Page 49, Public Records of Pinellas County, Florida. (ANX2005-02006) 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. 7436-05. 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. 7438-05 '" <0 ~ ~ ~ o '" <0 r---M I I:::! , I I I L___ ~17-1 I, I 1~.J I Wi_1 'I - I_J 9~ 1 1_J 771 ) rJ -I L___J '---I I I I I I I L----ti98 )8 I I 17 -111 I I r---'1O I rJ 1___1 ---98 rr I I I ---1 I I I I I I I I I I I I I I ~I I I I l___ '" ~ :g ~ 185 ~ ....1 '..... I I 173 /---, I \ ( \ \ I '.....__J 161 143 /------7 / / / T/ I~___J..J 137 r--J'""'__ I , \,--...-' ,'-, ~ I -, I ~.,;; E-J l-----I~ I L____ I l__________ 87 D 1- ---, I I I I L I I I I I I 59 I I , I I I 15 I I I I I I I I L ~J ~ 3 Zoning Map Owner Claire Mudaro Case: ANX2005-02006 Site: 100 Baywood A venue Property 0.18 Size Acres): Land Use Zoning PIN: 18-29-16-24246-004-0220 From: RU (County) R-3 (County) To: RU (City) LMDR (City) Atlas Page: 290A ater City Council ",_ A,g,~,!!da "'~'~~'~~'M'~"~"!!!'!!'~~ n!!,':!"!!!'_M"""" CA- - J 3 \(") . \ '-S Tracking Number: 1,428 Actual Date: 07/21/2005 Subject I Recommendation: Adopt Ordinance 7445-05 on second reading, amending the Community Development Code, Article 6, Non Conformity 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 maintain the current use. Originating: City Attorney Section Second Readings - publiC hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 05/08/2005 07/10/2005 Financial Information: Review Approval Leslie Douaall-Sides 07-06-2005 15:50:42 Cvndie Goudeau 07-07-2005 10:28:51 ~f " CA-\3 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: .1. 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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 7445-05 eft -l~ ~h! u~ City Council Cover Memorandum \D.\~ Tracking Number: 1,429 Actual Date: 07/21/2005 Subject I Recommendation: Adopt Ordinance 7464-05 on second reading, amending the operating budget for the fiscal year ending September 30, 2005, to reflect increases and decreases in revenues and expenditures for the General Fund, Special Development Fund, Special Program Fund, Water & Sewer Fund, Stormwater Fund, Solid Waste Fund, Gas Fund, Recycling Fund, Marine & Aviation Fund, Parking Fund, General Services Fund, Garage Fund and Central Insurance Fund. Originating: City Attorney Section Second Readings - public hearing Cateqorv: Second Reading Public Hearing: Yes Advertised Dates: 06/05/2005 07/10/2005 Financial Information: Review Approval Leslie Douaall-Sides 07-06-2005 15:51:31 Cvndie Goudeau 07-07-2005 10:27:36 ORDINANCE NO. 7464-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2005 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, WATER & SEWER FUND, STORMWATER FUND, SOLID WASTE FUND, GAS FUND, RECYCLING FUND, MARINE & AVIATION FUND, PARKING FUND, GENERAL SERVICES FUND, GARAGE FUND AND CENTRAL INSURANCE FUND, AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2005, for operating purposes, including debt service, was adopted by Ordinance No. 7338-04; and WHEREAS, at the Mid Year Review it was found that increases and decreases are necessary in the total amount of $15,842,247 for revenues and $13,235,928 for expenditures; and WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked Exhibit A; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 1 of Ordinance No. 7338-04 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2004 and ending September 30, 2005 a copy of which is on file with the City Clerk, the City Council hereby adopts an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank Hibbard, Mayor Approved as to form: Attest: Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk Ordinance No. 7464-05 CJi- ~S City Council Cover Memorandum \(). \c~ ~h! u~ Tracking Number: 1,430 Actual Date: 07/21/2005 Subject I Recommendation: Adopt Ordinance 7465-05 on second reading, amending the Capital Improvement Budget for the fiscal year ending September 30, 2005, to reflect a net increase of $1,736,856. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 06/05/2005 07/10/2005 Financial Information: Review Aooroval Leslie Douaall-Sides 07-06-2005 15:52:27 Leslie Douaall-Sides 07-06-2005 15:53: 17 Cyndie Goudeau 07-07-2005 10:26:33 I ORDINANCE NO. 7465-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2005, TO REFLECT A NET INCREASE OF $1,736,856 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2005 was adopted by Ordinance No. 7339-04; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Section 1 of Ordinance No. 7339-04 is amended to read: Pursuant to the Mid Year Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2004 and ending September 30, 2005, a copy of which is on file with the City Clerk, the City Council hereby adopts a Mid Year Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Ordinance #7465-05 City Council _""",~gen~.!....,.~~~,,~~~moran,~,.!:!,.!!! Dsv INS - 0) \\,,\ ~h! u~ Tracking Number: 1,433 Actual Date: 07/21/2005 Subject I Recommendation: Approve a reduction of the lot clearing liens, in the total amount of $2,789.20 for the interest/penalties associated with the lot clearing liens, on 906 Palmetto Street (Clearwater Neighborhood Housing Services, Inc., 608 North Garden Avenue, Clearwater, FL 33755, Representative: Isay Gulley, Executive Director). Summary: Clearwater Neighborhood Housing Services (CNHS), Inc., a non-profit organization, is requesting approval of a reduction of the lot clearing liens on 906 Palmetto Street, in particular to waive the interest/penalties, in an effort to clear the title on the property. This will allow CNHS to work with Habitat for Humanity to develop this site along with 1119 Tangerine into affordable single family housing. Both of these non-profit organizations have a history of successful affordable housing developments. After unsuccessfully attempting to get the previous property owner to bring this property into compliance with code, the City paid for contractors to clean up the lot on various occasions. The City billed the previous property owner, however, the City was not reimbursed. Subsequently, the City Commission placed eleven lot clearing liens on the property. Total costs incurred to the City as a result of these liens are $3,221.03 for principal/expenses, $2,789.20 in interest/penalties and $10.50 in administrative costs (From City Clerk Report on 06-24-05). The City Council policy factors to be considered for waiver/reduction of liens have been reviewed by staff (in paratheses) for this application as follows. 9 Whether the violation has been brought into compliance regardingthe violation cited. (The property is now in compliance with codes). ~~ u~ City Council ~,._~~.g.~nda ~,~.9ver M~,!!!~,r~ nd':!m"".,'_,,,.m._,,,=",,.,",,.,,,,.,,.,,"'~,~""'=.,.,,m,,.,,',,~~~ 9 Whether extreme or undue hardship is shown regarding payment ofthe lien and/or regarding coming into compliance with code requirements during the required time. (Not applicable as this is a non-profit organization involved with the proposal that is doing a service to the community). 9 Whether there are existing code violations on other properties ownedby the violator or prospective purchaser. (City staff's research indicates that there are no violations by the current property owner). 9 Whether there is a development or redevelopment proposalregarding the property which would result in improvement or upgrade of the property. (Clearwater Housing Authority working with Habit for Humanity will redevelop this property and the property at 1119 Tangerine with new single-family affordable homes). 9 Whether, given such a development or redevelopment plan, it wouldbe impractical to take the compliance action directed by the City Council. (This is a non-profit organization that is doing a service to the community by providing affordable housing). 9 Whether payment would hinder a proposed sale of theproperty. (This non-profit organization will work with a potential property owner to purchase a new residence to be built on this property). 9 Whether an appraisal of the property, submitted by theapplicant, demonstrates to the City that the cost of the lien has been absorbed. (The applicant did not submit a property appraisal). 9 The amount of a lien will not be reduced belowthe amount representing administrative costs incurred by the city regarding the case. (The applicant will be expected to pay the principal and administrative costs of $3,231.53). It is recommended for the cost of interest/penalties in the amount of $2,789.20 be forgiven in order to assist Clearwater Neighborhood Housing Services, Inc., in its plan to trade with Habitat for Humanity to redevelop this lot into an affordable and quality single-family residence. Originating: DevelfNeighborhood Services Section Consent Agenda Category: Other Public Hearing: No Financial Information: Type: Other Review Approval Jeff Kronschnabl 06-28-2005 08:02:49 Bill Horne 07-07-2005 17:44:56 Cvndie Goudeau 07-08-2005 15:29:43 Garry Brumback 07-07-2005 15:45:32 PN,- 1 ~h! u~ City Council Cover Memorandum \\/d Tracking Number: 1,400 Actual Date: 07/21/2005 Subject I Recommendation: Approve settlement of the liability claim of Russell Edney for payment of $75,000 and authorize the appropriate officials to execute same. Summary: On October 21, 2004, Russell Edney was throwing a football with a friend on Clearwater Beach. Mr. Edney was running, apparently to catch a pass, and dove in front of a Parks and Recreation vehicle being driven along the beach. The vehicle operator did not see Mr. Edney and ran over him. Mr. Edney was transported by Bayflight to Bayfront Medical Center. He was diagnosed with a lacerated spleen and underwent emergency surgery for the removal of his spleen. The City's limit of liability as provided by Section 768.28, Florida Statutes is $100,000. Mr. Edney has agreed to accept $75,000 for full and complete settlement of his claim. The City's Risk Management Division and City's Claims Committee recommend this settlement. Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance Fund. Originating: Finance Section Consent Agenda Category: Other Financial Information: Type: Other Bid Required? No Bid Exceptions: other other Contract? Claim settlement In Current Year Budget? Yes Budget Adjustment: No Current Year Cost: $75,000.00 ~a-ater u~ City Council _,@,..~~.!~t cO~~.rJ~!lemo~~!1!J..!:' m_. For Fiscal Year: 10/01/2004 to 09/30/2005 Total Cost: $75,000.00 Not to Exceed: $75,000.00 Appropriation Code(s) 0590-07000-545900-519-000 Amount $75,000.00 Comments Settlement of a claim Review Approval Maraie Simmons 06-27-2005 16:07:31 Garrv Brumback 07-07-2005 07:25: 19 Tina Wilson 07-06-2005 11 :54:39 Bill Horne 07-07-2005 08:52:24 Cvndie Goudeau 07-07-2005 08:55:08 ~~ u~ City Council =,~""",~,~I!,~~f,~~~,~<<J~~,~!!!,~,~!!~d u~__,<< FN-~ \ \.~ Tracking Number: 1,406 Actual Date: 07/21/2005 Subject I Recommendation: Approve agreement for external auditing services for fiscal years ending September 30, 2005 thru 2009 with public accounting firm of Cherry, Bekaert, & Holland, LLP, for a total cost not to exceed $632,500 and authorize the appropriate officials to execute same. Summary: Per City Charter Article II, Section 2.01(c)(3), the City must have an annual audit by a CPA firm, and cannot employ an audit firm for more than five consecutive years. Although the City's current external auditors, Grant Thornton LLP, have only audited the City for four consecutive years, they have recently indicated that due to staff turnover they do not have adequate governmental accounting expertise to return for the fifth and final year of the engagement (fiscal year ending September 30, 2005). The City solicited proposals for auditing services from qualified firms per RFP 14.05, issued February 22, 2005. Five auditing firms provided proposals which were ranked by a selection committee consisting of the Assistant City Manager, Finance Director, Assistant Finance Director, Internal Audit Manager, and Public Works Controller. The public accounting firm of Cherry, Bekaert, & Holland was chosen by the committee based on strong governmental experience and expertise, excellent references, and competitive pricing. The proposed contract includes a fixed fee of $105,000 for fiscal 2005, which represents a 13% increase over the fiscal 2004 audit fees of $92,775. Audit fees for fiscal 2006 thru 2009 will increase by $5,000 per year for an average annual increase of 4.5%. Also included in the requested amount is a contingency of 10%,for a total of $57,500, for potential changes in the scope of the audit related to new accounting pronouncements, additional grant programs requiring Single Audits, new bond issues, etc. The audit fee includes approximately $12,000 per year to be charged to HUD grant programs and $2,000 per year to be charged to the CRA. The remainder is budgeted in the Finance Department of the General Fund. Originating: Finance Section Consent Agenda Category: Agreements/Contracts - with cost Public Hearing: No Financial Information: Type: Operating Expenditure Bid Required? Yes City Council ~_"~,,gen~~f!...J:ov~..!:....~~an~..!:!!!I__..m...,.,_..,, Bid Numbers: RFP14-05 In Current Year Budget? No Budqet Adiustment: No Current Year Cost: $0.00 Annual Operating Cost: $115,000.00 For Fiscal Year: 09/30/2006 to 09/30/2010 Total Cost: $575,000.00 Not to Exceed: $632,500.00 Appropriation Code(s) 010-09821-530100-513-000 Amount $505,000.00 Comments General Fund, Finance Dept, Auditing Services 181-99426-530100-554-000 $60,000.00 Single Audit charge to HUD grant programs 188-09311-530100-552-000 $10,000.00 Audit services for Community Redevelopment Agency 010-09821-530100-513-000 $57,500.00 Contingency for changes in audit scope Review Approval Leslie Douqall-Sides 06-27-2005 16:09:48 07-08-2005 15:29:02 06-28-2005 08:03: 11 07-07-2005 15:47: 11 07-06-2005 16:22:03 07-07-2005 17:46:09 Maraie Simmons Cvndie Goudeau Tina Wilson Garrv Brumback Bill Horne AGREEMENT l<~', ~N-d ~e.l \ \ . .s THIS AGREEMENT, made and entered into this day of 2005 by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as IICity,1I and Cherry, Bekaert & Holland LLP, a firm of Certified Public Accountants, located at 111 Second Avenue NE, Suite 800, St. Petersburg, Florida 33701, hereinafter referred to as IIContractor;1I WITNESSETH WHEREAS, the City is required by Article II, Section 2.01(c) (3) of the City Charter to provide for an annual audit of its financial accounts; and WHEREAS, the City participates in various Federal, State and County Assistance programs which require independent financial and compliance audits in accordance with rules established by the u.S. Department of Housing and Urban Development, Florida Auditor General, and other agencies; and WHEREAS, the Contractor is in the business of public accounting, is fully qualified to meet the requirements of applicable City, State and Federal law, and desires to perform the necessary services: NOW, THEREFORE, the parties agree as follows: 1. This agreement relates specifically to the City's fiscal years ending September 30, 2005 thru 2009. This agreement may be terminated by the City on the basis of unsatisfactory performance with written notice at least six months prior to the September 30 fiscal year-end, or by the contractor for reasons specified in the Engagement Letter which is hereby incorporated by reference and made a part hereof. City Charter Section 2.01(c) (3) currently prohibits any single audit firm from being employed for more than five consecutive years. The fees for subsequent years are fixed per this agreement and not expected to deviate from the amounts stated herein except for unanticipated significant changes in the scope of auditing services required by the City. 2. The Contractor shall review the City's comprehensive annual financial report for compliance with GAAP and the applicable 1 requirements of the Certificate of Achievement for Excellence in Financial Reporting program of the Government Finance Officers Association and assist the City in complying with new or existing requirements. The Contractor shall, subject to the terms and conditions of the engagement letter, render a report on the fair presentation of the City's basic financial statements, including governmental activities, business type activities, each major fund, each non-major fund, and other aggregate data presented together with the MD&A and supporting schedules , in conformity with generally accepted accounting principles, for the fiscal years ending September 30, 2005 thru 2009. The Contractor is not required to audit the supplementary information contained in the comprehensive annual financial report, however, the Contractor shall provide an lIin- relation-to" report on the supplementary information based on the audit procedures applied during the audit of the basic financial statements and the combining and individual fund financial statements and schedules.The Contractor is not required to audit the statistical section of the report. The Contractor shall also perform the required financial and compliance audits associated with Federal, State, and County Assistance programs in accordance with the Single Audit Act of 1984 as amended(PL 98-502)and U.S. Office of Management and Budget (OMB) Circular A-133; the provisions of the Florida Single Audit Act (Section 216.3491 Florida Statutes); and rules of other agencies. 3. In performing the services described in #2 above, the Contractor shall comply with the following: o auditing standards generally accepted in the United States of America o the standards set forth for financial audits in the U.S. General Accounting Office's (GAO) Government Auditing Standards o the provisions of the federal Single Audit Act o U.S. Office of Management and Budget (OMB) Circular A- 133 o Section 11.45 Florida Statutes o the Rules of the Auditor General of the State of 2 Florida, Chapters 10.550 and 10.660 o regulations of the State Department of Banking and Finance o Audits of State and Local Governmental Units - AICPA o Chapter 73-600 of the Florida Statutes referring to Fire District Audit requirements As a part of the audit, the Contractor will consider the City's internal control structure, as required by generally accepted auditing standards and Government Auditing Standards. 4. Following the completion of the audit, the Contractor shall, subject to the terms and conditions of the engagement letter, render the following reports: o A report on the fair presentation of the financial statements, including governmental activities, business type activities, each major fund, (aggregate component units, if applicable), each non-major fund, and other aggregate data, in conformity with generally accepted accounting principles. o A report on the internal control structure based on the auditor's understanding of the control structure and assessment of control risk. o A report on compliance with applicable laws and regulations, including those relating to funds received form a State of Florida grants and aid appropriation pursuant to a grant or contract. . Report on compliance with requirements applicable to each major federal financial assistance program and internal control structure used in administering federal financial assistance programs in accordance with OMB Circular A-133 o A Management Letter as required to comply with Section 10.554(1) (g) of the Rules of the Auditor General of the State of Florida. o A report on compliance with general compliance requirements as required by the Single Audit Act and OMB Circular A-133. o A report on compliance as required by the Florida 3 Single Audit Act and Chapter 10.550, Rules of the Auditor General of the State of Florida. 5. The Contractor shall retain all working papers for a minimum of five (5) years, unless notified in writing by the City of the need to extend the retention period. The Contractor shall make working papers available, upon request, to the following parties or their designees: o City of Clearwater o u.S. Department of Housing and Urban Development o u.S. General Accounting Office (GAO) o Parties designated by the federal or state governments or by the City of Clearwater as part of an audit quality review process o Auditors of entities of which the City of Clearwater is subrecipient of grant funds In addition the Contractor shall, providing all fees have been paid, respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. 6. The Contractor shall assist the City in scheduling the Comprehensive Annual Financial Report to be completed and issued no later than March 20, succeeding each fiscal year. Contractor/City meetings will be held at least once per month until completion of this contract. Weekly status meetings shall be held while the Contractor is working at the City. The Contractor shall complete performance under this contract by March 31 succeeding each fiscal year. 7. The Contractor shall bill the City and the City shall pay the Contractor for the performance of the services under this contract on the basis of the Contractor's normal and customary charges for such services, plus ordinary out-of-pocket expenses customarily stated separately by the Contractor in his general practice. The total amount of this contract including out-of-pocket expenses shall not exceed: Fiscal 2005 $105,000 4 Fiscal'2006 $110,000 Fiscal 2007 $115,000 Fiscal 2008 $120,000 Fiscal 2009 $125,000 The City may, by amendment of this agreement, increase this maximum fee and/or extend the completion date upon the Contractor's showing evidence of conditions which require substantially more time than would generally be required to perform the prescribed services. Progress payments will be made periodically for work completed to date based on invoices submitted by the Contractor. The sum of such progress payments shall not exceed 90% of the maximum specified above. The final payment will be made within 30 days of receipt of the final audit reports. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written: Countersigned: CITY OF CLEARWATER, FLORIDA By: Frank V. Hibbard Mayor William B. Horne, II City Manager Approved as to form and correctness: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Witnesses: Cherry, Bekaert & Holland LLP By: Attest: 5 1<~'. FN~d ~<,\\.~ REQUEST FOR PROPOSAL FOR ANNUAL INDEPENDENT CPA AUDIT FOR THE CITY OF CLEARWATER, FLORIDA RFP 14-05 Issued By: Purchasing Department Municipal Services Building, 3rd Floor 100 S. Myrtle Avenue Clearwater, Florida 33756-5520 (727) 562-4634 (727) 562-4635 FAX Date of Issue: February 22, 2005 Due Date/Time for Receipt of Proposals: April 18, 2005 @ 4:00 PM REQUEST FOR PROPOSAL FOR ANNUAL INDEPENDENT CPA AUDIT FOR THE CITY OF CLEARWATER, FLORIDA I. INTRODUCTION A. Purpose The City of Clearwater is seeking proposals from qualified firms of certified public accountants to audit the financial statements of the City of Clearwater, Florida (the City) for the fiscal years ending September 30, 2005, 2006, 2007, 2008, and 2009. The audit agreement is subject to annual approval by the City with grounds for termination including poor performance, not adhering to time schedules, and excessive fee increases. The City will select and negotiate with the firm whose proposal is most responsive to this Request for Proposal (RFP) and in the best interest of the City. Proposals submitted in response to the RFP must provide sufficient detail and information to complete an evaluation of their merit. The instructions contained herein must be followed to be considered responsive to the RFP. The City reserves the right to reject any or all responses. B. Calendar of Events The City will utilize the following time table with the goal of selection. This schedule may be altered as necessary at the City's discretion. February 22, 2005 March 14,2005 Release Date Pre-submittal conference, 2:00 PM, Municipal Services Bldg., 100 S. Myrtle Ave., Clearwater, FI, First Floor, Room 130. RFP opening 4:00 PM, 100 S. Myrtle Ave, Clearwater, FI 33756 April 18, 2005 May 2, 2005 May 16, 2005 May 16, 2005 May 23, 2005 May 31,2005 Preliminary ranking completed (Evaluation Committee) Presentations by firms selected as finalists Final ranking of firms (Evaluation Committee) Negotiate contract Staff recommendation for agenda item 1 Requestfor Auditing Services City of Clearwater RFP 14-05 C. Proposal Delivery Seven (7) proposal copies shall be delivered to the City of Clearwater, Purchasing Manager, 100 S. Myrtle Avenue, Clearwater, Florida 33756-5520, prior to opening time of 4:00 PM, EDT, on April 18, 2005. The delivery of proposals to the City of Clearwater Purchasing Office prior to the specified date and time is solely and strictly the responsibility of the proposing firm. The City shall not, under any circumstances, be responsible for delays caused by the United states Postal Service or any private delivery service, or for other delays. All responses must be manually and duly signed by an authorized corporate officer, principal, or partner with the authority to bind said firm. All responses must be marked on the outside: "Request to provide Auditing Services for the City of Clearwater, Florida To be opened at 4:00 PM, EDT, April 18, 2005" Each proposer is solely responsible for reading and completely understanding the requirements of this RFP. The opening time shall be and must be scrupulously observed. Under no circumstances will proposals delivered after the specified delivery time be considered. Late submissions shall be returned unopened to the firm with the notation: "The proposal was received after the delivery time designated for the receipt and opening of the proposals". All proposals shall be prepared and submitted in accordance with the provisions of this RFP. However, the City may waive any informalities, irregularities, or variances, whether technical or substantial in nature, or reject any and all proposals at its discretion. Any proposal may be withdrawn prior to the indicated time for opening of proposals or authorized postponement thereof. No firm may withdraw a proposal within ninety (90) days after the actual date of the proposal's opening. D. Ranking of RFP's Proposal ranking results will be announced and all responses shall be a matter of public record. Criteria for evaluation are set forth in this document. These criteria will be used by the City to determine, in its judgment, the proposal it deems to be in its best interest. Negotiations will proceed, if at all, with the responsible ranked firm whose proposal is determined by the City to be in its best interest. Offerors may be required to make presentations. The City reserves the right to reject any or all responses with or without cause. 2 Requestfor Auditing Services City of Clearwater RFP 14-05 II. SERVICES REQUIRED A. Scope of Services . Express opinion on the fair presentation of the City's basic financial statements in conformity with generally accepted accounting principles. . Express opinion on the fair presentation of City's individual nonmajor governmental, nonmajor enterprise, internal service and fiduciary funds financial statements, including any budgetary comparisons presented as basic financial statements, in conformity with generally accepted accounting principles. The auditor is not required to audit the supporting schedules contained in the comprehensive annual report. . Provide an "in-relation-to" report on the supporting schedules of federal and state financial assistance. . Perform certain limited procedures involving required supplementary information as mandated by generally accepted auditing standards. . Provide a report on compliance and on internal control over financial reporting based on and audit of financial statements performed in accordance with government auditing standards. . Provide a report on compliance and internal control per OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General of the State of Florida. . Provide a Management Letter as required by Section 10.554(1)(g) of the Rules of the Auditor General of the State of Florida including all required disclosures. B. Auditing Standards The audit shall be performed in accordance with: . Generally accepted auditing standards (GAAS) as set forth by the American Institute of Certified Public Accountants. . Government Auditing Standards issued by the Comptroller General of the United States. . OMB Circular A-133, Audits of State and Local Governments . Federal Single Audit Act 1984 as amended; Florida Single Audit Act, Section 216.3491, Florida Statutes . Chapter 10.550 and 10.660, Rules of the Auditor General . Chapter 11.45, Florida Statutes . State of Florida Department of Banking and Finance regulations . Audits of State and Local Governmental Units (Revised) - AICP A . Chapter 73-600 Florida Statutes referring to Fire Districts annual audit requirements. . Any other applicable federal, state and local laws or regulations. 3 Requestfor Auditing Services City of Clearwater RFP 14-05 C. Reports to be Issued . Report on the fair presentation of the basic financial statements and individual financial statements of all nonmajor funds, internal service funds, and fiduciary funds, in conformity with generally accepted accounting principles. . A report on compliance with certain provisions of laws, regulations, contracts and grants . A report on internal control over financial reporting including disclosure of any material weaknesses . An "in-relation-to" opinion on the schedules of federal and state financial assistance. . An "in-relation-to" opinion on the Fire Services Program required supplementary information per Chapter 73-600, Florida Statutes. . A report on compliance with requirements applicable to each major program and on internal control over compliance in accordance with OMB Circular A-133 an Chapter 10-550, Rules of the Auditor General of the State of Florida. . A Schedule of Expenditures of Federal Awards and State Financial Assistance, Notes to the Schedule, and a Schedule of Findings and Questioned Costs. . A Management Letter as required by Section 10-554(1)(g) of the rules of the Auditor General of the State of Florida. Irregularities and Illegal Acts: The auditors shall be required to issue an immediate written report of all irregularities and illegal acts or indications of illegal acts of which they become aware to the City Manager (or the City Council, if appropriate). The auditor shall submit a signed audit report on the fair presentation of the financial statements in conformity with generally accepted accounting principles no later than February 21 st annually, along with the required reports on internal control structure and compliance with laws and regulations. The auditor shall submit the Management Letter and Schedule of Federal Awards and State Financial Assistance, including a Schedule of Findings and Questioned Costs, by February 28th annually. D. Assistance to be Provided to the Auditor . The City of Clearwater will prepare draft financial statements, notes, and all required supplementary schedules and statistical data, including a draft Schedule of Expenditures of Federal Awards and State Financial Assistance. . Finance staff and responsible management personnel will be available during the audit to assist the firm in providing additional information, documentation, and explanations. City of Clearwater EDP personnel will be available to provide systems documentation and explanations. . The preparation of confirmations shall be the responsibility of the City of Clearwater as directed by the auditor. 4 Request for Auditing Services City of Clearwater RFP 14-05 . The Deputy Finance Director of the City of Clearwater will act as coordinator for the audit. . The City will provide reasonable work space, tables, chairs, computer access, telephone access, photocopying facilities, and facsimile services for the on-site audit staff, to be used solely for the audit of the City. . CAFR preparation and printing shall be the responsibility of the City.. E. Special Considerations . The City has received the Certificate of Achievement for Excellence in Financial Reporting for the past twenty-five consecutive years and will continue to submit its comprehensive annual financial report (CAFR) to the Government Finance Officers Association for review in its Certificate of Achievement for Excellence in Financial Reporting program. It is expected that the auditor will assist in the review of the report for compliance with the requirements of that program prior to submission. . The City currently anticipates it will prepare one or more official statements in connection with the sale of debt securities which will contain the general purpose financial statements and the auditor's reports thereon. The auditor shall be required, if requested by the City, to issue a "consent and citation of expertise" as the auditor along with any necessary "comfort letters". . The City has determined that the U. S. Department of Housing and Urban Development will function as the cognizant agency in accordance with the provisions of the Single Audit Act of 1984 (as amended in 1996) and U.S. Office of Management and Budget (OMB) Circular A-l33, Audits of State and Local Governments. . The Schedule of Expenditures of Federal and State Awards and the related auditor's report, as well as the related reports on compliance and internal control are to be issued as part of the CAFR. . The auditor will assist the City in complying with changes in reporting requirements to remain in conformity with generally accepted accounting principles. F. Working Paper Retention and Access to Working Papers All working papers and reports must be retained, at the auditor's expense, for a minimum of five years, unless the firm is notified in writing by the City of the need to extend the retention period, except grant related working papers will be retained for 10 years. The auditor will be required to make working papers available, upon request, to the following parties or their designees: . City of Clearwater . U.S. Department of Housing and Urban Development . U.S. General Accounting Office (GAO) . Parties designated by the federal or state governments or by the City as part of an audit quality review process. 5 Requestfor Auditing Services City of Clearwater RFP 14-05 . Auditors of entities of which the City of Clearwater is a sub-recipient of grant funds. . In addition the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. III. DESCRIPTION OF GOVERNMENT The auditor's. principal contact with the City of Clearwater will be the Deputy Finance Director, who will coordinate the assistance to be provided by the City to the auditor. Background Information: The City of Clearwater serves an area of approximately 26 square miles with a population of approximately 110,000. The City's fiscal year begins October 1st and ends September 30th. The City of Clearwater provides the following services to its citizens: . Police and fire protection . Construction and maintenance of streets, bridges, sidewalks, storm drainage, public parks, and recreational facilities . City planning, zoning, subdivision and building code regulation and enforcement . Supervised recreation programs . Public libraries . Redevelopment of declining commercial and residential neighborhoods . Refuse and trash collection . Comprehensive recycling program . Natural gas distribution . Water supply and distribution . Storm and waste water collection, treatment, and disposal . Parking system . Marina and fishing pier . Executive airpark . Convention center The City had a total payroll of$79,191,500 covering approximately 2,300 employees for the year ended September 30, 2004. More detailed information on the government and its finances can be found in the annual budget and comprehensive annual financial report documents. These documents will be available for review at the pre-bid conference. Pension Plans The City of Clearwater participates in the following retirement plans: Single Employer Defined Benefit X X Defined Contribution Plan Clearwater Employees' Clearwater Firemen's Relief Firemen's Supplemental Police Officers' Supplemental X X 6 Request for Auditing Services City of Clearwater RFP 14-05 Management (40Ia) x The actuarial services for the Clearwater Employees' and Clearwater Firemen's Relief Pension plans are currently provided by Price W aterhouseCoopers LLP and Mouton & Company, respectively. Deferred Comvensation vlans The City offers its employees a deferred compensation plan adopted under Internal Revenue Code Section 457. Insurance The City is self-insured within certain parameters for losses arising from claims for property damage, general liability, auto liability and physical damage and workers' compensation. Comvonent Units Clearwater Redevelopment Agency- a blended component unit presented as a nonmajor special revenue fund. Clearwater Downtown Development Board (DDB) - discretely presented component unit. Both component units are to be audited as part of the audit of the City's financial statements. A local accounting firm will be hired separately by the DDB to perform an audit and produce its own CAFR. Prior years' audit reports, management letters, and budget documents will be available for review at the scheduled pre-submittal conference. IV TECHNICAL REQUIREMENTS A. To assure consistency, proposals must conform to the following format: . Title Page - Show the RFP subject, the name of the firm, local address, telephone number, name of contact person, and the date. . Table of Contents Include a clear identification of the material included in the proposal by page number. . Transmittal Letter Briefly state the proposer's understanding of the work to be done, the commitment to perform the work within the required time period, a statement why the firm believes itself to be the best-qualified to perform the engagement, and a statement that the proposal is a firm and irrevocable offer for 90 days. . Detailed Proposal See below for description B. Detail Proposal General Requirements 7 Request for Auditing Services City of Clearwater RFP 14-05 The purpose of the technical proposal is to demonstrate the qualifications, competence, and capacity of the firms seeking to undertake an independent audit of the City of Clearwater in conformity with the requirements of this request for proposals. As such, the substance of proposals will carry more weight than their form or manner of presentation. The technical proposal should demonstrate the qualifications and experience of the firm and of the particular staff to be assigned to this engagement. It should also specify an audit approach that will meet the request for proposals requirements. Cost proposals for services are requested as part of the response. The fees quoted should include a breakdown of anticipated hours and rates of the various classes of personnel to be assigned. Fees should be quoted for each of the five years of the audit engagement. Qualified firms will be identified and ranked on the basis of qualifications, competence, and capacity of the firms as demonstrated by the RFP response and oral interviews. Cost of services will be of secondary importance in evaluating qualified firms. The technical proposal should address all points outlined in the RFP. The proposal should be prepared simply and economically, providing a straightforward, concise description of the proposer's capability to satisfy the requirements of the RFP. While additional data may be presented, the following subjects, items 1 through 10, must be included. They represent the primary criteria against which the proposal will be evaluated. 1. Independence The firm should provide an affirmative statement that it is independent of the City of Clearwater as defined by generally accepted auditing standards and the U.S. General Accounting Office's Government Auditing Standards. The firm should also provide an affirmative statement that it is independent of all potential component units of the City of Clearwater as defined by those same standards. The firm should list and describe the firm's (or proposed subcontractors') professional relationships involving the City of Clearwater or any of its actual or potential component units for the past five years, together with a statement explaining why such relationships do not constitute a conflict of interest relative to performing the audit. In addition, the firm shall provide the City of Clearwater timely written notice of any professional relationships involving the city or component units which the firm enters into during the period of this agreement. 2. License to Practice in Florida An affirmative statement should be included indicating that the firm and all assigned key professional staff are properly licensed to practice in Florida. 3. Insurance Requirements 8 Request for Auditing Services City of Clearwater RFP 14-05 An affirmative statement should be included indicating that the firm can and will comply with the insurance requirements as enumerated in this RFP. 4. Firm Qualifications and Experience The propos,al should indicate the total number of employees of the firm, the number of employees considered to be governmental audit staff, the location of the office from which the work on this engagement is to be performed, the number and nature of the professional staff to be employed in this engagement on a full-time basis, and the number and nature of the staff to be employed on a part-time basis. If the proposer is a joint venture or consortium, the qualifications of each firm comprising the joint venture or consortium should be separately identified and the firm that is to serve as the principal auditor should be noted, if applicable. The firm is also required to submit a copy of the report on its most recent external quality control review, with a statement whether that quality control review included a review of specific governmental engagements. The firm shall also provide information on the results of any federal or state desk reviews or field reviews of its audits during the past three years. In addition the firm shall provide information on the circumstances and status of any disciplinary actions taken or pending against the firm during the past three years with the state regulatory bodies or professional organizations. 5. Partners, Supervisory, and Staff Qualifications and Experience The firm should identify the principal supervisory and management staff, including engagement partners, managers, single audit staff, and other supervisors and specialists, who would be assigned to the engagement and indicate whether each such person is licensed to practice as a certified public accountant in Florida. The firm also should provide information on the governmental auditing experience of each person, including information on relevant continuing professional education for the past three years and membership in professional organizations relevant to the performance of this audit. The firm should provide as much information as possible regarding the number, qualifications, experience, and training, including relevant continuing professional education, of the specified staff to be assigned to this engagement. The firm should indicate how the quality of staff over the term of the agreement will be assured. Engagement partners, managers, other supervisory staff and specialists may be changed if those personnel leave the firm, are promoted, or are assigned to another office. These personnel may also be changed for other reasons with the express prior written permission of the City of Clearwater, which retains the right to approve or reject replacements. Other audit personnel may be changed at the discretion of the proposer provided that replacements have substantially equivalent or better qualifications and experience. 9 Request for Auditing Services City of Clearwater RFP 14-05 6. Prior Engagements with Other Governmental Entities The firm should list separately all engagements within the last five years for other Governmental entities, by type of engagement (i.e. audit, management advisory services, other). For each engagement, the firm should indicate the scope of work, date, engagement partners, total hours, the location of the firm's office from which the engagement was performed, and the name and current telephone number of the principal client contact. 7. Similar Engagements with Other Governmental Entities For the firm's office that will be assigned responsibility for the audit, list the five most significant engagements performed in the last five years that are similar to the engagement described in this request for proposal. Indicate the scope of work, date, engagement partners, total hours, managers, specialists, and the name and telephone number of the principal client contact. 8. Audit Approach The proposal should set forth a general work plan, including an explanation of the audit methodology to be followed. Proposers will be required to provide the following information regarding their audit approach: a. Proposed segmentation of the engagement b. Level of staff and percentage of hours to be assigned to each proposed segment of the engagement c. Extent of EDP software use in the engagement d. Approach to be taken to gain and document an understanding of the City of Clearwater's internal control structure e. Approach to be taken in determining laws and regulations subject to audit test work f. Sample sizes and the extent to which statistical sampling is to be used in the engagement g. Type and extent of analytical procedures to be used in the engagement h. Approach to be taken in drawing audit samples for purposes of tests of compliance 9. Identification of Potential Audit Problems The proposal should identify and describe any anticipated potential audit problems, the firm's approach to resolving, and any special assistance that will be requested from the city. 10. Manner of Payment Progress payments will be made on the basis of hours of work completed during the course of the engagement in accordance with an agreement reached during contracted negotiations. Interim billings shall cover a period of not less than a calendar month. 10 Request for Auditing Services City of Clearwater RFP 14-05 Twenty percent (20%) of the total annual contract will be retained pending delivery and acceptance of the firm's final reports. V. EVALUATION OF PROPOSALS A Committee has been established to review and evaluate all proposals submitted in response to this Request for Proposal (RFP). The Committee shall conduct a preliminary evaluation of all proposals on the basis of the information provided and other evaluation criteria as set forth in the RFP. The Committee will first review each proposal for compliance with the minimum qualifications and mandatory requirements of the RFP. Failure to comply with any mandatory requirements may disqualify a proposal. Proposals will be evaluated on the following criteria: Mandatory Elements 1. The audit firm is independent and licensed to practice in the State of Florida. 2. The audit firm's professional personnel have received adequate continuing professional education within the preceding two years. 3. The firm has no conflict of interest with regard to any other work performed by the firm for the City of Clearwater. 4. The firm submits a copy of its most recent external quality control review report and the firm has a record of quality audit work. 5. The firm adheres to the instructions in this RFP for preparation and submission of the proposal. Technical Oualifications: 1. Expertise and Experience (Maximum Points - 30) A. The firm's past experience and performance on government engagements of comparable size and complexity. B. The quality and experience of the firm's professional auditing personnel to be assigned to the engagement and the quality of the firm's management support personnel to be available for technical consultation. C. The quality and experience of the firm's professional EDP auditing personnel assigned to the engagement. D. The quality and experience of the firm's professional auditing personnel assigned to perform the Single Audit. 2. Audit Approach (Maximum Points - 20) A. Adequacy of proposed staffing plan for various segments of the engagement. B. Adequacy of the general audit plan for the overall engagement. C. Adequacy of the audit plan for the EDP function. D. Adequacy of the audit plan for the Single Audit. 11 Request for Auditing Services City of Clearwater RFP 14-05 E. Completeness of the response to the RFP F. Competitiveness of fee structure Responses of references (Maximum Points - 20) Proximity of assigned Office (Maximum Points - 5) Upon completion of Evaluation Committee Members' rankings of proposals, top-ranked firms may be required to make oral presentations. If oral presentations are required, a maximum additional score of 25 points will be assigned to the oral presentation in arriving at a total composite score for each proposal. VI INSURANCE REQUIREMENTS General Liability The Vendor (contractor) shall furnish, pay for, and maintain during the life of this contract, such general liability insurance to protect the City, the Contractor, an any of his/her sub- contractors who may be performing any work under the terms and provisions of this contract from claims for damages or bodily injury, including accidental death, as well as from claims for this contract whether such operations as may be performed by the Vendor or by any sub- contractor or by any other party directly or indirectly employed by either the Vendor or the sub-contractor. The Vendor's insurance coverage shall include General Liability, Automobile Liability, Professional Liability and Worker's Compensation and Employer's Liability. The General Liability shall be the Comprehensive form including the categories of: Premises and Operations, Underground and Collapse Hazard, Products and Completed Operations, Contractual, Independent Vendors, Broad Form Property Damage, and Personal Injury in the minimum amounts of $500,000 for combined Bodily Injury and Property Damage. The Proposer's comprehensive general liability policy shall include contractual liability on a blanket or specific basis to cover this indemnification. Such insurance shall be written by a company licensed to do business in the State of Florida and satisfactory to the City. Prior to commencing any work under the contract, certificates evidencing the maintenance of said insurance shall be furnished to and approved by the City's Risk Manager. The Certificate of Insurance shall show the City of Clearwater as an additional insured party to the Vendor, shall show that all sub-contractors or any other party directly or indirectly employed by either the Vendor or the sub-contractor as additional insured party(s) and shall also show the City of Clearwater as the Certificate Holder. The Certificate Holder shall be notified a minimum of 30 days prior to any cancellation of policy which may occur prior to the policy expiration date contained on the Certificate of Insurance. The Worker's Compensation and Employer's Liability shall be in conformance with current State of Florida Statutory requirements. Business Automobile Liability The Vendor shall maintain, for the life of the contract, Business Automobile Liability Insurance, if applicable. The minimum limits of coverage shall be $500,000 per occurrence, Combined Single 12 Requestfor Auditing Services City of Clearwater RFP 14-05 Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. Coverage shall be no more restrictive than the latest edition of the Business Automobile Policies ofthe Insurance Services Office (ISO). Professional Liability The Vendor shall procure and maintain for the life of this contract, Professional Liability Insurance. This insurance shall provide coverage against such liability resulting from this contract/project. The minimum limits of coverage shall be $500,000 per occurrence with deductible or self-insured retention (SIR) indicated. The Vendor shall defend, indemnify, save and hold the City hannless from any and all claims, suits, judgments, and liability for death, personal injury, bodily injury, or property damage arising directly or indirectly from the performance by the Vendor, its employees, subcontractors, or assigns, including legal fees, court costs, or other legal expenses. Vendor acknowledges that it is solely responsible for complying with the terms ofthis RFP. In addition, the Vendor shall, at its expense, secure and provide to City, prior to beginning performance under this RFP, insurance coverages as required in this RFP. Proof of Insurance: The contractor shall furnish the City with satisfactory proof of carriage of all insurance required by this RFP. Any party providing services or products to the City will be expected to enter into a written agreement, contract, or purchase order with the City that incorporates, either in writing or by reference, all of the pertinent provisions relating to insurance and insurance requirements as contained herein. A failure to do so may, at the sole option of the City, disqualify any bidder or proposer of services andlor products to the City. VII. OTHER RFP PROCEDURES AND TERMS A. Where and How to Deliver Inquiries: Questions and clarifications to be submitted in writing to: Mr. George McKibben, Purchasing Manager, City of Clearwater, P.O. Box 4748, Clearwater, Florida 33758-4748. Inquiries maybe faxed to: (727) 562-4635. B. How RFP Addenda Will Be Communicated: Addenda will be sent, via certified mail, to all vendors who are registered with Purchasing as having requested a copy ofthe RFP. C. General Terms: The winning vendor may be rejected as the primary selection if that vendor cannot successfully negotiate the contract with the City to the satisfaction ofthe City. D. Appropriations Clause: The City, as an entity of government, is subject to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this contract for each and every fiscal year in which this contract is executed and entered into and for which this contract shall remain in effect. Upon notice that sufficient funds are not available in the subsequent fiscal years, the City shall thereafter be released of all terms and other conditions. 13 Request for Auditing Services City of Clearwater RFP J 4-05 E. Right To Protest: Any actual or prospective bidder who is aggrieved in connection with the solicitation or award of a contract may seek resolution of his /her complaints by contacting the Purchasing Manager. F. No Corrections: Once a competitive proposal is submitted, the City shall not accept any request by any proposer to correct errors or omissions in any calculations or competitive price submitted. G. Openness of Procurement Process: Written competitive proposals, other submissions, correspondence, and all records made thereof, as well as, negotiations conducted pursuant to this RFP, shall be handled in compliance with Chapters 119 and 286, Florida Statutes. The City gives no assurance as to the confidentiality of any portion of any proposal once submitted. H. No Collusion: By offering a submission to the RFP, the proposer certifies the proposer has not divulged to, discussed or compared his/her competitive proposal with other proposers and has not colluded with any other proposer or parties to this competitive proposal whatsoever. I. Informality Waiver / Rejection of Bids: The City reserves the right to reject any or all responses and to waive any irregularity, variance or informality whether technical or substantial in nature, in keeping with the best interests of the City. 14 S'W-I ~..-- u~ City Council _>">."w~!,,,,~,9ver r~t~,!!!..~..r.!ndu,m_'''''''''M'''W \ \ <>~ Tracking Number: 1,403 Actual Date: 07/21/2005 Subject / Recommendation: Increase the Fleet Maintenance Operations Fuel budget by $400,000 and the Vehicle Parts budget by $200,000 with a transfer of $600,000 from the Garage Fund Retained Earnings. Summary: The cost of fuel has increased over 30% beyond the level anticipated when the budget was prepared for Fiscal Year 2004/2005. The cost of diesel fuel has increased faster than unleaded. The cost of diesel is approximately 15 cents higher than unleaded. Diesel is normally lower than unleaded. The cost of parts has increased due to a shortage of steel and increased transportation costs due to the higher fuel costs. Many vendors have added surcharges to the parts costs and are increasing costs every two or three months instead of the previous annual or semi-annual adjustments. Retained Earnings are sufficient to cover this adjustment and keep a sufficient reserve for unanticipated emergencies. As May 31, 2005, the unreserved available retained earnings was $2,383,485. This represents 25.2% of the current operating budget for the Garage Fund. The Retained Earnings after this adjustment will be above the recommended minimum of 8% of the current year operating budget ($758,030). Originating: Solid Waste/General Services Section Consent Agenda Category: Other Number of Hard Copies attached: none Public Hearinq: No Financial Information: Type: Operating Expenditure Bid Required? No Bid Exceptions: Other Other Contract? Operating Budget Adjustment b _,.~..m,.,p..genda,,~~verJ't~.~ora nd,~,!!t"'M' City Council In Current Year Budget? Yes Budget Adjustment: Yes Budget Adjustment Comments: Increase Fleet Operations budget by $600,000. Appropriation Coders) 0566-06611-550500-519-000 0566-06611-550600-519-000 Amount $400,000.00 $200,000.00 Comments Review Approval Rick Carnlev Bill Horne 07-06-2005 14:04:45 07-11-2005 10:49:03 07-06-2005 15:40:25 07-08-2005 07:25:26 07-07-2005 12:42:24 07-08-2005 15:57:44 Cvndie Goudeau Bob Brumback Garrv Brumback Tina Wilson City Council '_W,~"g,endl!","~,Qver ,M~,!!!Q,~!!,~,,~um EN6r-d \ \,~ Tracking Number: 1,396 Actual Date: 07/21/2005 Subject / Recommendation: Accept a temporary construction easement containing 426 square feet, more or less, and two perpetual sidewalk easements containing a total of 357 square feet, more or less, over and across portions of Lots 88, 134 and 135, LLOYD-WHITE-SKINNER SUBDIVISION conveyed by Divaco, Inc., a Florida corporation, in consideration of receipt of $1.00 and the benefits to be derived therefrom. Summary: The design for the Beach Walk project has been completed. It will include redesign and resurfacing of Coronado Drive and a portion of Hamden Drive. The subject sidewalk easements will facilitate widening turn radii at both Coronado and Hamden, and Hamden and South Gulfview. The easements will also provide sufficient. right-of-way to construct a planned seven-foot sidewalk and landscape strip. The temporary easement will expire upon completion of initial construction. A copy of easement documentation is available for review in the Office of Official Records and Legislative Services. Originating: Engineering Section Consent Agenda Category: Agreements/Contracts - without cost Number of Hard Copies attached: 1 Public Hearing: No Financial Information: Review Approval Michael Ouillen 06-22-2005 14:21 :03 Garrv Brumback 07-05-2005 13:28:25 Laura Lioowski 07-01-2005 14:48:42 Bill Horne 07-05-2005 15:42:53 Cyndie Goudeau 07-06-2005 11 :02:54 EN6r-3 City Council ~,_",,,,...~gen~~.!....m~~e~.~.r!,!:!.~.,~=mm \ \, 19 ~h! u~ Tracking Number: 1,408 Actual Date: 07/21/2005 Subject I Recommendation: Award a contract to TLC Diversified, Inc. of Palmetto, Florida, for the Pumping Station #12 - Refurbishment project (#01-0058-UT) construction, in the amount of $341,990.00, which is the lowest responsible bid received in accordance with plans and specifications, including a 10% contingency, and that the appropriate officials be authorized to execute same. Summary: The purpose of this contract is tofurnish all labor, tools, equipment, materials, supplies, services, and manufactured articles required to replace Pumping Station #12, and other related improvements. Pumping Station #12 is located approximately 1/2 milenorth of Drew Street on the west side of Osceola Ave., at the Nicholson Street intersection. McKim & Creed, the City of ClearwaterEngineer-of-Record design consultant for this project, has provided written recommendation to award the construction contract to TLC Diversified, Inc. The Engineer's estimate was $321,750.00,including a 10% contingency. Construction is expected to start early in August of2005, and continue for a duration of 180 calendar days to final completion. There is sufficient budget and revenue available inthe 2002 Water and Sewer Revenue Bond Construction Fund project, 0343-96686, Pump Station Replacement to provide the funding for this Work Order. A copy of the contract is available forreview in the Official Records and Legislative Services department. Oriqinatinq: Engineering Section Consent Agenda Category: Construction Contracts - Public Works Originating Number of Hard Copies attached: 0 Public Hearing: No Financial Information: ~ Capital Expenditure Bid Required? Yes Bid Numbers: 01-0058-UT Current Year Cost: $341,990.00 Total Cost: $341,990.00 Appropriation Code(s) Amount Comments ~.~ u.~ _".~gend!,....~_over Me~.Q.~.!!~~.!!!!!-." City Council 0343-96686-563800-535-000 $341,990.00 Review Approval Glen Bahnick George McKibben 06-24-2005 14:01:23 06-27-2005 08: 18:38 07-05-2005 13:45:30 06-24-2005 15:04:54 06-30-2005 15:41:10 07-05-2005 15:44:04 06-24-2005 15:10:16 07-06-2005 11 :02:08 Tina Wilson Garry Brumback Michael Ouillen Brvan Ruff Bill Horne Cyndie Goudeau Location Map , s..... o ..c s..... ro I PALM PROJECT SITE o~ s City of Clearwater Public Works Administration I Engineering Pum in Station #12 900 North Osceola Ave. Drawn By: S.K. Reviewed By: T.F. Scale N. T. S. Grid # 2778 S - T - R 9-29s-15e Date: 06/23/05 rwater N w4t. June 17,2005 0992.0098 (11) Mr. Thomas Fears, P.E. City of Clearwater Engineering Department 100 South Myrtle Avenue Clearwater, Florida 33756 Re: Lift Station No. 12 Improvements Contract No. 01-0058-UT Dear Mr. Fears: McKim & Creed has reviewed the two (2) bids received on June 15, 2002 for the above referenced project. After a review of the Bids, we find the low bidder is TLC Diversified, Incorporated of Palmetto, Florida, with a bid of $341,990.00. The second bid received was from Kloote Contracting, Incorporated of Palm Harbor in the amount of $588,247.00, which is somewhat high for this work. The Engineer's estimate provided to City was $334,900.00. TLC Diversified has performed work for the City of Clearwater on numerous projects in the past and is presently working on the Northeast and Marshall project. They have always performed their work obligations in a professional matter. Based on our review, we believe that they posses the capability to perform this project satisfactorily. We therefore recommend that the City of Clearwater approve the selection of TLC Diversified, Incorporated based on their low bid amount of $341,990.00. Certainly feel free to call if you should have some questions regarding our review and recommendation of award. Sincerely, Mitch A. Chiavaroli, P. E. Project Manager cc: Scott Oster Todd Petrie Perry Lopez Lisa Murrin Main file 1365 HAMLET AVENUE, CLEARWATER, FLORIDA 33756 TEL 727.442.7196 FAX 727.461.3827 www.mckimcreed.com AA0002667 '10 o o ,N .... N >- -I ,:;:) , >=" < C t/) D::: :;:) _:E: .... .... :;:) cO C 10 D::: 0,.... ~i e.< t/) .... Z W :21 W > o D::: 11. :21 E 0 0:0 0 O' 0 0'0 0 0 iii .... 0 00 ,...: ,...: 11. Z '<t ("I') t- t- '<t c.i :;:) ("I') '<t. t- '<to N 0 M .-- ..,j ("I') 00 c :21 0 ("I') ("I') 10 00 -ft -I < 1.0 1.0 1.0 mu. C .:' tI)- tI)- tI)- tI)- tI)- :;:; o ----- C..l f! ,Q 0 0 0 .. W 0 0 '0 - l'G C :E: U 0 0 :,...: 0 0:: '<t ("I') 't- U ("I') '<t:'<t 11. M ~M ell t: - 0 ("I') '1.0 0 Z 1.0 0 52 :;:) tI)- tI)- tI)- .... c.i ~ .5 0 ft.J :21 'gu.< !E oft ~ ~ _m___ ~ E. W is iii' U UI1.O:: -I 11. I- t: Z :;:) N .... 10. d g, Z N' Z ..rir.---- 0.... j:: ~ t/) .... u. ::::i C) Z Z W 11. o c iii Wi Zi ::::Ii " >' < C t/) W Z C w 3: 00000 00000 00000 o 00 0') 0') 0') 0:0') 0 0')' o Ok)'~"":' 0'): N ''-- '("I') '<t N ("I') ("I') tI)- ,tI)- , tI)- ,tI)- ~ 000 o 010 o 0;0 0: OiO') O')oio ci' cii~ 0> N:("I') N. ' ~ ~,~ I- (f) (f), (f) Z ....J ....J ....J. :;:) ~ (3 .E~it-<<1 ..... ....:Z:.... o a. t/) iw it/) Z Q) :21 ic) i:21 C ~ WiZIW .2 Q) l::1i=il::, 19 .J!f ~ -Z- (f) c"'" -liO!C .4;:: Q) ~ <iuiiii ::J 5 ~Q) b:~;-I .9 l.> ,I-IOi< o III N!aJ'....!1- t/) 11 0 -C' .-- '::::I 0 :21 ~ t5"* 0 't/) .... W E tI:l = Z t:Q).b...c C>C~O oOtl:l:;::; iii5.l>c tI:l E Q)"a; en "- .s Qj 4;:: ro C.L: ::J ..... :2 en I.- O:!:EJ2 c 3: Q) O-c=: 5 t5~:2:;::; 2 q:: CIl '_~ -alQ) ~-clll:.o o - 0 0 l> ~.s ::i: .-- N ("I') '<t III l.> Q) A.' ~:N Ill: I C'IIl tI:l-c roa:ii5 vi 1.0 A., c> a; I ::J'C 0 0) ~ -E; o .~: E N; 0 UJ~..c 1,0 III I- .~::l 0::: C3 a..1Il. (f)1Il m oil C - C 'E 6B.9~~E (f) ~ ~ ~ 'E- ::l (f).b.bc::: () C C E" QOOOtl:l~ CIl.l> l> 'Z~ I- u C EN&-4 ~~ ~ City Council _,~"",._. AQ!!:!..~a CO~..~..!:..,l1.~mora ~~.,.~...!!!. \ \-~ Tracking Number: 1,409 Actual Date: 07/21/2005 Subject / Recommendation: Award a contract to TLC Diversified, Inc. of Palmetto, Florida, for the Pumping Stations #15 & #25 - Refurbishment project (#01-0060-UT) construction, in the amount of $725,370.00, which is the lowest responsible bid received in accordance with plans and specifications, including a $50,000.00 Contingency, which is 7.40% of the other line items, and that the appropriate officials be authorized to execute same. Summary: The purpose of this contract is tofurnish all labor, tools, equipment, materials, supplies, services, and manufactured articles required to replace Pumping Station #15, remodel Pumping Station #25, and provide for a manifolded force main at Pumping Station #25, by construction of about 600 feet of new 8 inch diameter force main piping in the Countryside Boulevard R/W, and other related improvements. Pumping Station #15 is located on the east sideof Hazelwood Lane, just north the White Oal Circle intersection, or about 1 and 1/2 tenths of a mile southwest of the intersection of Laurelwood Drive and Countryside Boulevard. Pumping Station #25 is located on theeastern side of Countryside Boulevard in Woodgate Park, or about 1 and 1/2 tenths of a mile southwest of the intersection of Enterprise Road and Countryside Boulevard. King Engineering Associates, Inc., the Cityof Clearwater Engineer-of-Record design consultant for this project, has provided written recommendation to award the construction contract to TLC Diversified, Inc. The Engineer's estimate was $714,390.00, including a$50,OOO.00 contingency. Since this is not a complex project, the consultant recommended using only a $50,000.00 contingency. Construction is expected to start early in August of2005, and continue for a duration of 270 calendar days to final completion. There is sufficient budget and revenue available inthe 2002 Water and Sewer Revenue Bond Construction Fund project, 0343-96686, Pump Station Replacement to provide the funding for this Work Order. A copy of the contract is available forreview in the Official Records and Legislative Services department. Oriqinatinq: Engineering Section Consent Agenda Category: Construction Contracts - Public Works Originating Number of Hard Copies attached: 0 Public Hearing: No Financial Information: Type: Capital Expenditure Bid Required? Yes ~b _"'m"~~'~,!!,~. C~~~.,~,......~,~..!!!~r~~d u m City Council Bid~umbers: 01-0060-UT Current Year Cost: $725,370.00 Appropriation Code(s) 0343-96686-563800-535-000 Amount $725,370.00 Comments Review Approval Glen Bahnick George McKibben 06-24-2005 14:40:25 06-27-2005 08: 12:32 07-05-2005 13:46:45 06-24-2005 15:03:06 06-30-2005 14:18:32 07-05-2005 15:45: 18 06-24-2005 15: 14:42 07-06-2005 11:01:24 Tina Wilson Garry Brumback Michael Ouillen Brvan Ruff Bill Horne Cyndie Goudeau Location Map ;z Iz ~ ~I COVINGTON ~ (j) Cl 1 I~ WHITE OAK (j) 0:: 0:: <I: D~ 0- Cl w WARWICK 0:: g TULIP TREE Cl w tEl I~ z W lD ~I 0:: ASHMORE 0 0:: 0:: ::E 0 i=l J: w 0 w i J: ~l BANYAN DR 0:: () ::E Timbercrest \~ ...J J: W lD WILLOW u.. o ~ U~ rwater N w.' City of Clearwater Public Works Administration / Engineering Pum in Station #15 & #25 P.s. #152385 Hazelwood Lane. P.S. #252495 Countryside Blvd. Grid # S.K. 232A Reviewed By: T.F. Scale: N. T.S. s Drawn By: S-T-R 31-28s-16e Date: 06/24/05 ~. '" P (?J ""7ZS <f""CS'? III tl>> ENGINEERING ASSOCIATES-INC e Civil Enuineeting Envlronmenlal Engineerinc Transportation Planning & Eneinectinc Pavement Management tl1r~d Planning Ecolonicill Services SlIlveylng & M.pping COll!ilructlon Management GIS M.pplng L.ndsc.jIC AICllilo.lul. t.'LC2GOOOI1l3 4921 Memorial Highway One Memorial Center Suile 300 Tampa. Florida 33634 Phone 813 . 880 . 88B1 Fax 813 ' 880 . 8882 Pasco 727' 846 " 0904 www kingengineering com June 21, 2005 Mr. Thomas E. Fears, P.E. City of Clearwater Public Works 100 S. Myrtle Avenue - Suite 220 Clearwater, FL 33758-5520 Re: Pump Station No. 15 and 25 Refurbishment Bid Evaluation and Recommendation Dear Mr. Fears: On June 15,2005, bids were received and opened for the referenced project A copy of the City's summary tabulation of the three (3) bids is attached. The apparent low bidder, TLC Diversified, Inc., has submitted a total project bid in the amount of seven hundred twenty five thousand three hundred seventy dollars and zero cents ($725,370,00) It is our understanding that TLC Diversified is pre-qualified for such work in the City and has successfully perfonned similar work for the City in the past. It is, therefore, the recommendation of King Engineering Associates, Inc. to award the contract to TLC Diversified, Inc, in the amount of seven hundred twenty five thousand three hundred seventy dollars and zero cents (725,370.00) If you have any questions or need additional infonnation, please feel fi'ee to call me at (813) 880-8881. 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E016-S ~"'..-uater u~ City Council Cover Memorandum \ \ . ~ Tracking Number: 1,410 Actual Date: 07/21/2005 Subject / Recommendation: Award a construction contract to A & L Underground Inc. of Hamptonville, North Carolina, for the Stevenson Creek Water Main Replacement (04-0037-UT) in the amount of $423,031.40, which is the lowest responsible bid received in accordance with plans and specifications, and that the appropriate officials be authorized to execute same. Summary: The purpose of this contract is toreplace an existing 16-inch diameter cast iron water transmission main currently existing across Stevenson Creek from the Pumping Station #1 site on Sunset Point Road south to the City lawn bowling facility on Calumet Street, adjacent to Ft. Harrison Avenue, with a new water main of equivalent size. A High Density Polyethylene segment of the water transmission pipeline will be installed by the horizontal directional drilling method, deep beneath the creek bed to minimize environmental disturbance, in cooperation with the pending Army Corp of Engineers (ACOE) dredging phase of the Stevenson Creek Estuary Restoration project. The new water main pipe will run westfrom the Pumping Station #1 site, then south across Stevenson Creek from a point across Sunset Point Road from lot #1028, which lies about 1/10 miles east of Edgewater Drive on Sunset Point Road, to the west side of the City lawn bowling facility on Calumet Street. The existing 16-inch water main, and a similarlO-inch cast iron water main crossing the Creek from Overbrook Park south to Harbor Drive, will be cut, capped, and abandoned in place. The existing 10 inch main was shown to be redundant by a water system modeling study done by City of Clearwater Engineers-of-Record, McKim & Creed. This project consists of the construction ofapproximately 1,600 linear feet of replacement water transmission main and 140 linear feet of incidental 6" distribution pipeline. Construction is expected to start in August, 2005, and be substantially complete by October, 2005, a duration of 75 calendar days to final completion. The award of the contract shall becontingent on obtaining the required sovereign submergec lands easement across Stevenson Creek, which is a designated Outstanding Florida Water, and Aquatic Preserve, from the State of Florida, and an Environmental Resource Permit (ERP) from the Southwest Florida Water Management District (SWFWMD. 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 funding with2006 Water and Sewer Revenue bond proceeds when issued is available in project, 0378-96742, Line Relocation Capitalized, in the amount of $378,551.40, and budget and revenue are available in the 2002 Water and Sewer Revenue Bond Construction Fund in the amount of $44,480.00 in project 0343-96742, Line Relocation Capitalized, for total contract funding of $423,031.40. A copy of the contract is available forreview in the Office of Official Records and Legislative Services. Originating: Engineering Section Consent Agenda Category: Construction Contracts - Public Works Originating Number of Hard Copies attached: 0 ~.h! u~ City Council '''' ........~~I~,~~cC!~~.~....~.!m~!!.~.~m Public Hearing: No Financial Information: ~ Capital Expenditure Appropriation Code(s) 0378-96742-563800-533-000 0343-96742-563800-533-000 Amount $378,551.40 $44,480.00 Comments Review Approval Glen Bahnick Georqe McKibben 06-24-2005 15:27:37 06-28-2005 09:42:42 07-05-2005 14:07: 15 06-24-2005 15:45:56 06-30-2005 13:36:46 07-05-2005 15:48:00 06-24-2005 16:38:28 07-06-2005 11 :00:06 Tina Wilson Garry Brumback MichaelOuillen Brvan Ruff Bill Horne Cyndie Goudeau Location Map ff/ ~ CHARLES ~ SEDEEVA I I Ii ST GRANADA ST ST SEDEEVA SUNNYDALE DR PROJECT LOCA TION w ~ w ~ RD POINT z <( ;:: w z w > ~ o o 0:: a:J 0:: w > o VENETIAN 0::1 o LEBEAU ~I ~ PRINCESS ~I N w4t. City of Clearwater Public Works Administration / Engineering Stevenson Creek Watermain Replacement S Drawn By: S.K. Reviewed By: T.F. Scale: N. T.S. Grid # 260A S - T - R 3-29s-15e Date: 06/24/05 Moy 1 B, 2005 0992.0136 (Ill Mr. Ihomos Fears P.E City of Clearwater Engineering 100 S. Myrtle Ave, Cleorwafer. FL 33756-5520 Re; stevenson Creek Water Main Replacement CltyProjec::t# 04-0037 oUT Dear Mr. Fears: Bids were r~ce:iveq and opened trom four/4t Contractors forfheobove referenced projecton MaY 16,200!5. M<;~imB.Creed has revIewed the bids and the apparent low bidder isA. & l. Underground with ototol bid of 5423.031.40. The EngIneer's Opinion of Probable Construction Cost is $487,932.50. We hove worked on severol projects with A. &. L..Undergroundond hOVe found them be competent in perfOrming their work and completing theircontracfual obligaliqns. It is our opinion thaI A. ll. l. Underground is the lowest, responsible; responsive bidder and is experienced in worksimilorinscope and nature. McKim & creed fInds no reason not to recomrnendlhal theCify of Cleal"'v'Jater approve the selection of A. -& L.Underground and award the Sid Contract in. the emountofS423;031AO. If you would like to discuss this further or hov€, additional c;LJe$ti On$ , please feel ftee.t<::> Cdll me.. Sincerely. CKIM& CREED, P.A. \ ~- avid C. Wehner, P .E. project Manager Enclosures: S:\O'r92\Q 136 \Bid Recommendatlon-()5-16..()5^dO'..: fO)HnIIW~~ tftl MAY I ~~ J~ CliY Of Cl -fER Il'UBUCwt\RKS AI^ :'iff/ATlON 1365 HAMLEt AVENUE, CLEA~VIAru, FlORIOA 33756 Tn 727,442,7196 PAX 727.46 L3827 www.mc.k.imcrt.llllQ^t:!Hl1 ~h! u~ City Council "....~~_~.!_co~~..~..J'11em~ra.!!...~,~~........ E:NG-7 \ \.C\ Tracking Number: 1,412 Actual Date: 07/21/2005 Subject I Recommendation: Approve a work order to McKim & Creed, P.A., in the amount of $401,000 for professional engineering design services related to the Wellfield Maximization and Engineering Technical Services project (05-0030-UT), and that the appropriate officials be authorized to execute same. Summary: The City of Clearwater operates three (3) Water Treatment Plants and 19 potable water production wells, The City is currently in the process of an extensive effort to maximize the water production from each of the existing potable water production wells. As part of the well maximization work, the production from wells 23, 58, 77, and 78 is currently under examination and will require engineering assistance by McKim & Creed including hydrogeologic studies that may effect the nature of withdrawal and rehabilitation to these existing water supply wells. Additionally, two existing wells that are currently out of service will be redesigned and modified with the intent of bringing these sites back into production. Production from the existing well #81 has never been up to the design flow. It is proposed that a new shaft be drilled to correct the deficiency. Well 53 requires a more standard rehabilitation to replace components that have deteriorated near the end of their service life. While the City conducts its monthly Well Maximization Program, Mckim & Creed and their subconsultants will attend for a period of twelve months to provide professional engineering and hydrogeologic expertise and advise the City with the technical issues discussed at each meeting. 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. Sufficient budget and revenue are available in the 2002 Water and Sewer Revenue Bond Construction Fund in the amount of $29,700 in project 0343-96740, Water Supply/Treatment, and in the amount of $371,300 in the Capital Improvement Fund project 0315-96740, Water Supply/Treatment, for a total of $401,000 to fund this work ofder. A copy of the work order is available for review in the Official Records and Legislative Services office. Originating: Engineering Section Consent Agenda Category: Agreements/Contracts - with cost Public Hearing: No Financial Information: ~ Capital Expenditure Bid Required? No ~h! u~ City Council Cover Memorandum Bid Exceptions: Impractical to Bid Budget Adjustment: No Total Cost: $401,000.00 Appropriation Code(s) 0343-96740-561300-533-000 0315-96740-561300-533-000 Review Approval Glen Bahnick Brvan Ruff Bill Horne Michael Ouillen Cvndie Goudeau Tina Wilson Garry Brumback Amount $29,700.00 $371,300.00 Comments See Summary Section See Summary Section 06-27-2005 16:25:53 06-30-2005 12: 10:26 07-07-2005 08:51:09 06-28-2005 08:50:44 07-07-2005 08:56: 15 06-28-2005 09:55:27 07-07-2005 07:24:22 I .. ~~&CREED CITY OF CLEARWATER ENGINEERING DEPARTMENT McKIM & CREED WORK INITIATION FORM kt-., ErJ6 -7 DATE: June 16, 2005 City Project No: 05-0030-UT MlC Project No: 1. PROJECT TITLE: Wellfield Maximization and Engineering Services 2. SCOPE OF WORK: SUMMARY The City of Clearwater operates three (3) Water Treatment Plants and 19 water supply wells. The treatment plants are generally known as WTP's 1, 2, and 3. Wells 23, 31, 48, 65, 66, 73, 74, 75,78, and 81 supply water to WTP 1. Wells 45,46, and 53 supply water to WTP 2 and Wells 56,58, 63, 68, 69, and 77 supply water to WTP 3. Pinellas County also supplies water to the Clearwater distribution system. At present, the City is in the process of maximizing the water production from each well. Pumps in wells 48, 65, 66, 73, 74, and 75 are part of the recently bid and awarded Wellfield Replacement Project. As part of the well maximization work, the production from wells 23, 58, 77, and 78 is currently under examination and will require engineering assistance by McKim & Creed and/or SDI. Well 81 is currently out of service. It is permitted for 450,000 gallons per day. The City would like to drill a replacement well next to existing Well 81 and tie it into the existing raw water piping at that location. Well 53 is currently out of service. The City would like to replace the existing pump with a 316 stainless steel submersible well pump with 4" PVC Certa-Iok column pipe and stainless steel well head. To provide the services cited above McKim & Creed offers the following Scope of Work. SCOPE OF WORK TASK 1.0 ENGINEERING & HYDROGEOLOGIC ASSISTANCE McKim & Creed to provide technical assistance evaluating the condition of City wells 23, 53, 58, 77 and 78. McKim & Creed to perform well site visits to examine well operating parameters including, but not limited to monitoring discharge pressures, draw down levels, and discharge flows. McKim & Creed to inspect electrical cabinets and communications CITY OF CLEARWATER - Wellfield Engineering Technical Assistance June 16, 2005 Page 2 equipment at each well. McKim & Creed to examine motor, pump and column pipe for Well 53. McKim & Creed to design the replacement submersible 316 stainless steel pump, determine length and size of PVC Certa-Iok column pipe for Well 53. McKim & Creed to prepare and submit to the City a letter report detailing the particulars of our findings relative to Wells 23, 58, 77, and 78. McKim & Creed to examine up to five (5) sites for possible relocation of the generator from WTP 3. McKim & Creed to evaluate each location and furnish a letter report recommending the most suitable site for the generator. SDI to provide hydrogeologic services on an as needed basis. SOl services to include an evaluation of production well construction, water levels, drawdown levels, geophysical logs, specific capacity, water quality information, water quality testing protocols, site visits, and limited well testing. This work shall take place over the next twelve months. Specific tasks are unknown at this time. The City shall assign any additional work by location and task on an as needed basis. Wells that are in need of Hydrogeologic examination at this time are 23, 53, and 78. Costs related to this Hydrogeologic work are included in Task 1.0. TASK 2.0 WELL MAXIMIZATION MEETINGS McKim & Creed and SOl to attend monthly meetings with the City relative to the Well Maximization Program. Each to advise the City with the technical issues discussed at each meeting. TASK 3.0 WELL 81 DESIGN/BUILD SERVICES A. McKim & Creed to model raw water piping for WTP No.1 to size new Well 81 submersible pump. McKim & Creed to select the largest pump for Well 81 that will have the least affect on the operation of the other six (6) well pumps that are connected to WTP No.1 raw water piping. McKim & Creed to select pump with VFD to vary the flow from the well to suit system demands and Well 81 chloride levels. B. McKim & Creed together with SOl to furnish fifteen (15) sets of construction plans and specifications for Replacement Well 81 Project per City standards. Oesign to include the relocation of the well on the existing Parks and Recreation parcel of land, PIN 07/29/16/00000/210/0300, located off of Old Coachman Road across from Farrier Trail. The new well will be no more than 50LF from the existing well. The design also to include a survey of the site, civil/mechanicaIlstructuraIlelectricaIlinstrumentation work relative to installing a replacement well. McKim & Creed and SOl to attend Well 81 project meetings. SOl to collect and analyze geologic samples. SOl to design well screen. McKim & Creed to prepare and submit OOHI SWFWMO permit. McKim & Creed to provide ten (10) weeks of ten (10) hours per week of inspection services. McKim & Creed to provide periodic engineering site visits. SOl to coordinate final design of well screen. SOl to provide supervision of the installation of the well screen wlgravel pack. SOl to provide field supervision of geophysical logging, specific capacity testing, and collection of water samples. McKim & Creed to perform final inspection and prepare Engineers Certification for submittal to the OOH. CITY OF CLEARWATER - Wellfield Engineering Technical Assistance June 16, 2005 Page 3 C. Hausinger to mobilize/demobilize to well site, plug existing Well 81, furnish and install 45 LF of 16" PVC casing grouted in 22" borehole, furnish 105 LF of IS" open hole drilling, perform geophysical logging for static and dynamic conditions, video log new well, furnish and install 60 LF Muni-Pak 1Ox12 304 55 screen, furnish and install 90 LF 10" 304 5S 540 riser pipe, pump test well, and perform water chemical analysis work and any other work necessary to construct a water production well. D. Hausinger to form and place new 12' x 22' concrete slab around replacement well (similar in size to existing slab), furnish and install vinyl coated 6'-0" high fence with 3'-0" entry gate, extend existing well piping underground to new bore hole location, relocate and install existing 6" above ground DIP piping and appurtenances to the new replacement SS well head, furnish and install 316 55 replacement submersible well pump (approximately 500gpm at 260' TDH), furnish and install 6" Certa-Lok column pipe with 6" S5 check valve, furnish and install one 6" 316 SS well head, relocate existing electrical cabinets and supports, meter socket and disconnect switches to replacement well, furnish and install new 5S posts to support electrical cabinets, additional electrical modifications to include light pole, lAP panel, switch gear/generator receptacle upgrades, relocate RTU tower with concrete base within security fence, enclose RTU cable in electrical conduit, chlorinate well and collect samples, complete. Well flow will be controlled by the Bermad valve. TASK 4.0 WELL 53 WELL PUMP INSTALLATION SERVICES A. Hausinger to furnish and install new 316 55 (approximately 250gpm, 130' TDH) replacement submersible well pump w(Teflon bearings (flow from well to be controlled by existing Bermad valve), furnish and install 4" Certa-Lok column pipe, 4" 316 SS check valve, furnish and install one 4" 31655 well head, furnish and install additional electrical modifications to include light pole, lAP panel, switch gear/generator receptacle upgrades, chlorinate well and collect samples, complete. B. Hausinger to Video 5urvey Well 53 to determine condition of bore hole and casing. Hausinger to examine well and remove portion of the existing pump that would interfere with installing new submersible well pump. C. Modifications to Well 53 to comply with Clearwater Project No. 04-0036UT, Clearwater Purchase Order # ST 100168 specifications and requirements. 3. PROTECT GOALS - WORK PRODUCTS: A. Letter report relative to Wells 23,58, and 77. B. Well Construction Report. C. Construction documents for Wells 53 & 81 improvements. l CITY OF CLEARWATER - Wellfield Engineering Technical Assistance June 16,2005 Page 4 D. Wells 53 & 81 Installation w/welIhead complete & operational E. Record drawings and project certifications. 4. BUDGET The services outlined herein will be performed on a Lump Sum basis in accordance with the Engineer-of-Record Contract. The fees for the various tasks are outlined below: Task 1 Task 2 Task 3 Task 4 $ 56,750.00 $ 21,750.00 $ 289,500.00 $ 33,000.00 Total Project Costs $ 401,000.00 5. SCHEDULE We will complete tasks as listed below. Milestone Weeks following NTP Task 1 Task 2 Task 3 Task 4 6 52 16 18 A more detailed project schedule will be provided to the City within two weeks of the Notice to Proceed. 6. STAFF ASSIGNMENTS: City: McKim & Creed: Rob Fahey, Lou Badami Street Lee, Gary Stine, Norman Scally, Eric Brown 7. CORRESPONDENCE/REPORTING PROCEDURES: All McKim & Creed Correspondence shall be directed to Street Lee. All CITY correspondence shall be directed to Rob Fahey and Lou Badami. CITY OF CLEARWATER - Wellfield Engineering Technical Assistance June 16, 2005 Page 5 8. INVOICING/FUNDING PROCEDURES: Please invoice monthly for work performed as detailed in McKim & Creed Engineer of Record. 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. City Invoicing Code: 9. ENGINEER-OF-RECORD 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 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: McKim & Creed: A. Street Lee, PE Vice President Date: CITY: Date: Michael D. Quillen, PE City Engineer CITY OF CLEARWATER - Wellfield Engineering Technical Assistance June 16, 2005 Page 6 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 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 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. ATTACHMENT "B" PROJECT BUDGET CITY OF CLEARWATER ENGINEERING TECHNICAL ASSISTANCE TASK PRIN PROJ SR ENGI SCI CONST CAD ADMIN No. DESCRIPTION MGR ENG ENG 1 ENGINEERING &. HYDROGEOLOGIC ASSISTANCE A Perform Site Visits 2 16 B Inspect Electrical Parameters 32 16 C Prepare Letter Report 2 32 8 2 D Well 53 DesiJ'(I\ and Specification' 2 32 32 16 32 2 E Generator Res 3 4 32 16 2 SUBTOTAL TASK 1.0 10 112 80 40 0 32 6 2.0 WELL MAX MEETINGS I Attend Meetings 3 36 12 SUBTOTAL TASK 2.0 3 36 0 12 0 0 0 3.0 DESRiN/HYURU(.;EU SERVu.:tS WtLL NU. 81 A Survey 4 8 32 16 Model 2 32 16 8 DesiJ'(I\. 4 32 32 16 B Prepare contract drawings. 2 40 32 16 24 C Prepare contract specifications' 2 2 40 32 16 4 D Attend project meetings 4 16 16 16 E Prepare and submit permits 8 32 4 H fto~deperioWc9teU6pections 100 I fto~de Engineering Site Visits' 2 8 J Perform Final Inspection! Certify Proiect 4 8 4 2 SUBTOTAL TASK 3.0 14 140 192 120 104 56 10 TOTALMANHOURS 27 288 272 172 104 88 16 TASK No. DESCRIPTION 1.00 SOl Hydrogeo Costs $20,000.00 2.00 SOl Well Max Meeting Costs $15,000.00 3.00 SOl Hydrogeo Costs $28,500.00 COST SUMMARY CITY OF CLEARWATER ENGINEERING TECHNICAL ASSISTANCE TASK DESCRIPTION AMOUNT 1.0 ENGINEERING ASSISTANCE $56,750.00 2.0 WELL MAXIMIZATION MEETING $21,750.00 3.0 WELL NO. 81 A Design &: HydIOgeo Services $105,500.00 B Replacement Production Well Cost $83,000.00 C Furnish &: Install Well Pumping Equipment $101,000.00 4.0 WELL PUMP NO. S3 INSTALLATION SERVICES $33,000.00 TOTAL $401,000.00 EnginIet\rl; AuIllance......HcM btlmN RIV2.llf1 EN6t -8 ~.h! u~ =w"~"m",,,,=AgenE~,,,.,~,!>V~!,!!!,~~a n(t!:!....~,.".." City Council \ \. \D """",~""-""".",,, *;,;,,,*,!,~~~,,,=-,,~,,,""""=""">''''''''''''~"~!*,"~~~IlI'W~ Tracking Number: 1,388 Actual Date: 07/21/2005 Subject / Recommendation: Accept a 10-foot wide Water Main and Utility Easement conveyed by Peter B. Forret, Trustee of the Sandaker Irrevocable Qualified Trust Agreement dated January 10, 2005, under and across a portion of Lot 10, SUNSET POINT SUBDIVISION REPLAT, and appurtenant submerged lands being a portion of Lot 1, JEROME B. TENNEY'S SUBDIVISION, given in consideration of receipt of $15,000 and the benefits to be derived therefrom and authorize the appropriate officials to execute same. Summary: A 16-inch water main currently extends from the City's Pump Station #1 at 1035 Sunset Point Road at shallow depth across the bottom of Stevenson Creek to upland connection on the east boundary of the Clearwater Lawn Bowling and Shuffleboard Club ("Club"). The shallow line would likely be damaged during the Stevenson Creek dredging project. Public Utilities Stevenson Creek Water Main Replacement Project proposes to install a new 20-inch water main beneath the creek utilizing cost-efficient directional drill technology. The grant of the subject easement about 400 feet west of the present alignment will facilitate deep installation of the new line below the creek bed to a new connection point at the west end of the Club. The proposed redirection of the line will allow water main piping to stage on Club grounds and eliminate the publiC inconvenience of storing and staging within Sunset Point Road right-of-way. 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 funding with 2006 Water and Sewer Revenue bond proceeds when issued is available in project 378-96742, Line Relocation Capitalized, in the amount of $15,000 to fund the easement grant. The easement grant saves approximately $200,000 in additional project costs that would have been incurred to micro-tunnel the new 20-inch water main directly from Pump Station #1 in a parallel alignment with the existing 16-inch water main. A copy of the easement documentation is available for review in the Office of Official Records and Legislative Services. Originating: Engineering Section Consent Agenda Category: Agreements/Contracts - with cost Number of Hard Copies attached: 1 Public Hearing: No Financial Information: ~h! u~ City Council _=..,AJlenda.J~,~~~!l!t~~,o~~nd!!,!!1""",_.,=,= Type: Capital Expenditure Bid Required? No Bid Exceptions: Sole Source In Current Year Budget? Yes Budqet Adjustment: No Current Year Cost: $15,000.00 Annual Operating Cost: $0.00 For Fiscal Year: 10/01/2004 to 09/30/2005 Total Cost: $15,000.00 Not to Exceed: $15,000.00 Appropriation Code(s) 0378-96742-560700-533-000 Amount $15,000.00 Comments Consideration paid for grant of easement. Review Approval Michael Ouilien Laura Lipowski 06-13-2005 11:01:15 07-11-2005 10:48:21 06-14-2005 13:45:46 07-08-2005 07:27:47 07-01-2005 14:29:29 07-08-2005 15:58:25 Cvndie Goudeau Tina Wilson Garrv Brumback Bill Horne RetulJIlo: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FI. 34618-4748 RE: Parcel No. 03-29-15.8809~"()OO-0100 Parcel No. 03-29-15-91044-000-0010 Till FOR AND IN CONSIDERATION of th~ sum of Fifteen Thousand and --No/100-Dollars ($tS.l)OO.OO) in hand paid, the receipt and suffiCiency of wl1ichi$ h~rebY acknowledged. and the benefits to be derived therefrom. Peter B. FOlTet, Trustee of the Sandaker 11T8vQc.able QU;iUfied Domestic Trust Agreement dated January 10. 2005 clo SoUenback & Forret. P. A.. 1000 PinellasSt" Clearwater..FI.33756-3433 ("Grantor'). does her~bygrant and convey to. the. CITY OF CLEARWATE~.. FLORIDA. a Florida Municipal Corporation ("Grantee"), an easement.over, under and across the following described land lying and being situate in the County of PineUas,State of Florida, to wit: A .10.. foot wide water main and utility easement over, underal"ld across . portion of SectionS, township 29Soutb. Range 15 East being more particularly described and depicted in EXHJBIT "A" appended. hereto. The CITY OF CLEARWATER, FLORIDA, shaH haVe the righlto construct and install a twenty~ inch (20') diameter $ubterranean<andsubaqueous water main utilizing drrectional bore technoloQy,and to inspect, alter or replace such water main from time to timeasconditic>nsm~>, require. Grantee covenants with Grantor that all workactivitfes conducted pursua?t tori.t)htsgranted hereinshaU be limited to bi!low grade; and in the event Grantee.. ltsemployees,contractors or agents,shaU disturb or damage Grantor's property,inCI\iding, but nof limited to improvements constructed thereon, in the exercise of rights granted herein. then Grantee shall in every such instance restore all physical impacts to equal or better condition 8.S existedpriorto theexercfse of such rights. Grantor warrants and c(.lVenants with Grantee that Grantor is the owner of fee simple title to the herein described easement premises. and that Grantor has full right and lawful authority to grant and convey this easement to Grantee, and that Grantee shall have quiet and peaceful possession, use and enjoyment of this easement. It Is expreSSly understood th9t Grantor resef'li!$ unto itself all rights of ownership oftheeasement premises not im;onsistent with the easement rights granted herein. U:\Easements\SANDAKER WM & UTI!. EAS.0205.doc 1 IN WITNESS WHEREOF, the undersigned grantor has. caused these presents to be duly executed this 6th day of June ,2005.. Signecl.sealedanddelivered in the presenc:eQf: ~#/tP4~ WIT~SSigMature Fred J. Wilder Print Witness Name ~_"- ..~.",a~ ~.\1-.U4.~ WITNESS signature !3rend.Cl K.Peters Print Witness Name ",.......,. 7"fK4/e1 STATE OF FLORIDA :ss COUNTY OF PINElLAS : The foregoing instrument was acknowledged before me thIs 6th ..daYQf June. ' 2005. by Peter B. Forret, as Trustee of theSandaker IrrevocaPleQualified Domestic TruslAgreement dated January.10,20Q5.. who .executedthe fo~gQing instrument and who acknowledged the execution thereof to. be his free aetand deed for the. uses and purposes therein expressed, and who [><1 is personally known to me orwho [ ] did provide asldentrfication. . .7'~~~ Notary Publi ... .. -. State.of florIda Fred J. wilder Type/Print Name My Commission Expires: "'Ned J.. WUder " MVC9t.i~#...tJcCo7D26 .s ~/FebtuCllY 24,1006 , IIONOO) nw Tlt:lYFJ.IN IIl$!JRA.~ IOlC U:\Easemenls\SANDAKER WM& UT1L EAS.02D5..dor:: 2 SKETCH OF DESCRIPTION EXHIBITUAU (paae 2 of 2) SECTION :3 - TOWNSHIP 29 SOUTH - RANGE 15 EAST U;GAL OESCRIPT10N- lO-Foor VIlOE UTIUTY EASEMENT A PAR!n ()fLAND LYING W1l'HIN ...A. PORTION Of.1.0T ..'Q. Of SUNSET POIlUSlJ13QIIJtSlONREPI.AT,ACCOROING. TO '" MAPQR PLAT.lHEREOF, AS RECORDED IN PLAT aOOl(. 4,PAGE ~lJOf THEPllBl.lC. RECORDS OfplNELLAS COUNTY, FL.ORlOA. AND THOSECERTAlN APPURTENANT SUBMERCED lllNDS BEINO A PORTION OF LOT 1 .OF JERObtE e; TE:NNEY'S .SUBOI'VfSION, ACCORDING TO A MAP. OR PLAT THEREOF. ASRECQROEO IN OEEOBOOK -S- - PAGE. 96. OF'THE PUBl.lqRtiCORos OfPINEl..J..).S. COUNJY FLORIPA, SAID APPUftTENANT. sueMERGtP .lAjllOS SElNG OE$(:RIElEOIN OFFl<:IALRECOROS800l< H054, PAGE 887 OF THEPUElUCRECQROS.OF PINEl-LAS COUNTY. FlORIDA AND IDENTIf'lEOBY THE PlNEIJ.AS POUNTY f'ROPE,RTYAPPRAISER .AS PARCEL NO. 03/29/15/910...../000/0010. SAID PARCEL. BEING MORE PARTICULARLY DESCRIBED AS FOlLOWS: COMMENCE: AT .APOlNT MAfQ<~Nq THE .INTERSEC110N Of THESOUTHERL'l:' RI(>HT.OF WAY LlNEQr' SUNSET POINT F1qAO. ANO THE EASTERLY epUNOARY OF' LOT 11 OF SUNSET POINTSUBOIVlSION.REPlAT. ACCORDING TO A MAP OR PLAT 11-IEFlEOf, ASRE(':ORO~D<IH PLAT BOOK 4, PAGE 56OfTH[ PUBUCRECORDS OF PINELI..AS COUNTY, FLORIOA,IINPiRUl\l THENCE ALONGSAJO SOUTHERLY RIGHTOFWA'i UNE. NORlH a1'53~15" WEST, A PlSTANCE OF 89.71 fEET TO THE POINTOfBEGlNNINGOFlHE HEREIN.OESCRISED PARCEL; . THENCE DEpARTING SAID SOOTHER!. Y RIGHl OF WAY. UNE.SOUTH 28'36'38" WEST. A DISTANCE . OF 171.:>3. FEET TOA pOINT OF INTERSECTION WITH THE WE~LY BOUNDAAY or THOSE CERTAIN APPURTENANTSUBMERQED lANOS BEING A PORllONof' LOT 1 OF. JERoME B. mtNEY'S SUBDIVISION. ACCORDING TO A MAP OR PLAT 'THEREOF', AS RECORDED IN DEED BOOK-S. - flAG( 96. OF THE pueuc RECORDS Of PINEl.l..AS COUNTY FlORIO A. SAID APPUR'ftNANT . SUBMERGEO LANDS BEING DESCRIBED IN OFflClAL RECORDS BOOK 14054, PAGE .887 . Of 'THE PUBliC REPOROs QFPINEltAS COUNTY. FLOR1DA. AND IOENl1Fl~. B'l' ThlE PINELLAS .C:OUNTY PROPERTY APPRAISER AS PARCEL NO,03/29/15/91044/COO/OQ10; THENCE ALON(; SA,OWESTERlV aOUNDARV, NORJH 00.36',2." EAST . A DISTANCE OF 21.30 FEn: THENCE OEPARTINGSAlD. WESTERl. Y BOUNOARY. .NQRTH 28'36'38" EAST .. A t:IlSTANcg 9F 1047.75 FEET TO A POINT Of INTERSEcnON WITH THE AFORESAID. SOUlHER.LY RIGHT OF WAY UNEOF Sl,JNSET POINT ROAD; lHENCEALONG SAID SOUTHERLY RIGHT OF WAY LINE, scum. 87'53'15- EAST, A l)ISTANCE OF' 11.11 FEET TO THE PQINT OF BEGINNING. CONTAINING 1.596;40 SQUARE FEET OR 0.037 ACRES OF LAND, MORE OR LESS. CE"NERAl. NOTES; THIS DRAWING REPRESENTS A SKETCH OF OE:SCRIPnON AOO IS NOT A BOUNDARY SURVEY. THIS SKETcH. MAy H/WE 6t;;ENREOUCro IN SIZE: tly REPRODUCTION. THIS MUST eECONSIOEREI) Wl-lEN OBTAlNINe SCALED INFORI.4A nON. THE lE.GAL OESGRIPTION INCL,UPEO VIlTH 'THI.S SKETCH WAS PREPAREO BY THE UNOEllSIGliEOsURYEYQR AND MAPPER ALL BEARlNGS.SHOWN HERt:IN ARE REFERENCED TO AjIIA.SSUMEO OA WM. . REfERENCE .BEARING FOR lHISSl<HCl1 IS THE SOUTHERLY RIGHT Of WAY UNE OF SUNSET POiNT ROAD. WHICH HAS AN ASSUMED BEARING OF NORTH 87'53'15" WEST, THIS SKETCH CONSISTS OF TWO (2) SHEETS AND EAC.H SHEET IS INCQMPlETE WITHOUT THE OTHER. PROPERTY RNE aWUENTATION WAS NOTSE,. IN ASSOCiATION WllHTHE PREPARATION OF THIS SKf.:TCH. 'MLU",M . . S PROFESSIONAL SUllvE.YOR & MAPPER fLORIOA CE'RTlf"lCATE NO, 5493 UNLES$'I'HIS SKETCH tlEARS THE ORIGINAl-SIGNATURE ANO EM13QSSEO RAISED SEAL Of THE FLORIDA ucrNSEO SURvEyOO AND MAPPER STATEO ABOVE, THIS SKETCH IS FOR INFORMATIONAl. PURPOSES ONLY AND IS NOT VAI.IO. . ~M1<IJvI&CREED 1365 HlJrnlo.t . Avenull Clear wat !If. florIda, 33755 Phone: (727)442 71 ~6. ....a~: (727)461 38Z7 Certificate of AuthorizQUorl No. LB6566 Internet SIte:. http://www.mcl-:lmc;n.\.ed.cl;lm 10-FOOT WIDE. UTlUTY EASEMENl NOT A SURVEY \l!!lQI$ D"lE: Ma: PROJ. . ORA\'I9l CHECI<al r,a .50- F'C. ~-56 SliE;tT 2 OF ~ OJJ301Cl5 oall2--Qt~ W.I). w.e; SKETCH OF DESCRIPTION EXHJBlT UAU (Page 1 012) SECTION 3 - TO'NNSHIP29 SOUTH - RANGE 15 EAST I LOT 9 -L___ I I -1.___ LOT 1 0 I I J_ _.~ LOT 11 I I I 1 LOt 12 ~ SUNSET POINT SUBDIVISION REPLAT - ----- PLAT BOOK.. - PAGe: 56 SUNSET POINT ROAD N 87"53'15" W . - B9.711 POINT Of q~"E~1 lOT " LOT 12 l_ ~ ~~~THERlY R/W UNf Of __~SEr POINT ROAD ~ - L019 ~-- I I J>.. I Q'Q '\.! ~..~... I Cl8 ZCJ 55 .wl t.tl2 N rID m: ~, I.f')z I;;) ~~ :leI l=! . n: :::::l , ~ POINT Of BEGINNING SOUTHERLY BOUNDARY OF THE NW 1/4 Of SECTION 3-29-15 APPURTENANT SUBMERGED LANDS BEING A PORTION OF LOT I OF JEROME e. TENNEy'S SUBDIVISION (DEED BOOK "S" - PAct 915) AND RECORDED IN OFFICIAL RECORDS 8001( 14054 - PAGE 887 AND IDENTIFIEO BY THE PlNElLAS COUNTY PROPERTY APPRAISER AS PARCEL NO. 03/29/15/91044/000/0010 N W .oJ <( U en g ..... o z . $lVH<IM&CREED 1365 Homlet Avenua CIE!'llr'Noter. Florida. J3756 PIlQl1e; (727)442-7196. FOjj: (727)461...J827 CertlficQte Qf Authorization No, .UlG566 lnltlrn",l Site: http://www.mc:k.imc:tI!IIII;Leom lO-FOOT WIDE UTlUTY EASEMENT NOT A SURVEY j)ATD I.lct l'fiOJ- , DRAWN OiEMc r,1!:. 50- Pc. 4J-S5 SHEET t (lJ" :2 GJ/30/05 08l1:2-Ot~ w,~ W;D. I AFFIDAVIT OF NO LIENS , STATE OF FLORIDA : 5S COUNTY OF PINEL.LAS BEFORE ME,Jh~ undetsi9nedauthority, personallY ~pp~aredP~ter 6,Forret,as Trust~e<Of theS~ndaker Irrevocable Qualified [)ome$tic Trust Agreement dated January 10, 200p, whom, beingflrstdulysworn, doesdepos6 and say: L That said trust is the owner of legal andequUabte title to the following (jescribed property in PinellasCounty, Florida, to wit: A portion of Section 3, Township 29 South, Range 15 East being more particularly described and dapicted in EXHIBIT uJ\"appended hereto. 2. Thatsaidproperty is now in the possession of the record owner. .3,. That.there.has.been.no labor performed or materii3Isfumished on said pl'operty for which there an~ unpaid bills for labor or materials against said property, except: (If none. enterWNONE") None That other than easements and restrictions of record, there are no Hens or encumbrances of any nat.ure affecting the title of the property herelnaboved~s~rlbed, except:.. (if none, enterUNONE"} None 5..10at;t i$ hereby warrantedtnat no notice has been reCeived. for any public hearing regarding assessments for improvements by anygovemment. and it IS hereby warranted that there are no unpaid assessments. against the above<de$<=ribedproperty for improvements thereto bY!:1ny<government, whether or notsaidass~ssments appear of record. 6. That there are no outstanding sewer service charges or assessments payable to any government. page 2 - Af'fida.vifof No Liens Sandaker Irreyocable.Qualified Domestic Trust RE: Water Main & Utility Easement in 03~29-15 7. That the repr~s!:)ntOiJtion$embraced herein are forthe purpqsepf inducing the CITY OF CLEARWATER, FLORIDA, its.agents.,.successorsand.assigns to rely thereon. r~4?4:/~ WITNESS Signature fr~1i J... Wilder WITNESS Printed Name ~~.~-\<..Q~ WITNess Signature Brenda K. Peters WITNESS Printed Name J "* 'Ittt. .n"' L 'e/~ f)..> 1]'W:Jf&e PeterS. Ferr... , Trus e Sworn to and subscribed to before me this 6th day of 2005. ~~ Notary Pub. .. - State of Florida Fred J. Wilder PrintlType Name June My Commission Expires '":\~ . .. rleO.1, Wll(jllJ ";.. MYCOMMIS&;ON# DOOS'016 EXPl~S Febtuoryl4,.2t)(l6 eoH(lm f1ilu.IloYfAl."1 UiSllWiCf.1NI:. SKETCH .OFDESCRIPTlON EXHIBIT '&A" (Pa~e2 of2} SEcnONJ - TOWNSHIP 2.9 SOUTH ~ RANGE 15 EAST LEGAL DESCRIPTION - 10-FOOT WIDE; UTlUTY EASE:MEtlT A PARCEl. .OF LANO LYING WITHIN A .PORTloN aflOT roOF SUNSET f'OINT SUI:IOIVlS1ONR~lAt.ACCORDING TO A .WAPOAPl.AT1liEREOF", AS R~RDED IN PLAT 6.001< 4, PME 55 Of lHEPU6Uc RECORDS OfPIN.Et..lAS ~OUNTY, nORIDA, ANI) THOSECERTAlH APPURTENANTSUaWER(l[D L.ANDS BEING. APOIB10N QfLOT 10F JEROME 6.. .TENNEY'S SUSDIM~ON,ACCOROING TO A MAP OR PLAT THEREOF, AS RECOROfD I,.,. otEo SOOK. -5" - PME ~6..QF THE PUaWC.RECQRDSOf PINELLASCOUNTY flORIDA, SAI.D APPURTENANT SUBMERGED. LANDS BEING DESCR:16EDIN OF'f1CIAL RECORDS B()OI( 14aS4, PAGE 8S7 OF THE pueuc RECORDS Of PINElLAS COUNTY. fLORlDA .ANP IDENTIFIED .BY lHE PINElLAS COUNTY .PRoPERTY APPRAISER. AS PARCEL NO. 03/29/15/9 t 044/000/ootO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOlLOWS: cOMMENC~ AT A POINT MARI<ING THE INiERSECTlON OF THE SOUTHERl.YfUG/-iT OF WAyUNEOF SUNSET POINT ROAD .AND THE EASTERLY BOlINDARYOf lOT 11 OF SUNSET POINTStJE;lPIVlSlOthREPLAT,. ACCOROlNG TO AIotAP OR PL.AT THEREOf, A$RECORDEO IN. PLAT BOOK 4, f\AGE56 OFll1E PU8L.iC RECORpSOf' PlNELl.AS COUNTY, FlORIOA,..ANO RUN THENCE Al.OOGSAIOSOUTHERlY>RIGIU Of WAY UNE, NORTHllTS$l5"'\lef:ST. A DISTANCE or 89.71 fEET TO . THE POINT OF'BEGIJIINIfIlG Of THE HERElN DESCRIBED PARca ;. THENCEOEPARllNG SAID SOUTHERLY RIGHT OF WAY UNE,SOUTH2a'36'38-WE~T.AOISTANGEOf' 1.7'.5JfEH T() A POINTor INTERSECTION WITH THE WESTEAl YBOUNtMRY OF THOSE . CERTAIN APPUR.TENANT SUB~ERGED LANDS BEING. A PMllON. Of lOT. tor .JEROME $.. .'rENNEY"SSUElDIVlSlOfll. ACCOROlNG TO A MAP OR PLAT THEREOF, AS RE:COROfDiN DEEOSOOK"S" -PAGE 96. or THE<PUBl.lC RECQROS OFPiNEUAS COUNTY flORI!)A. SAID AflPURiENANTSUBMERGED LANOS.BEING Of.;SCRIBED JN ()fFlCIA1. RECORDS B00l(1~4, PAGE BS7 OF THE PUEiUc RECORf)$OF' PINEUAS COUNTY. flORIDA ANPIDENllFIED BY THE PINEUASCOI.INTYPROPERTY APPRAISER A$ PARCEl NO. 03/29/15/91O#/OOO/()()IG; THENCE ALONG $AID WE:STERlYBOUNOARY,NORTH OO'JS'12-EAST. A DISTANCEOF' 21.JO fEET; THENCE DEPARTING SAID WESTERLY BOUNDARY, NORTH 28'36'38- EAST, A OJSTANCEOF 147.75 PEET TO A POINT .or INTERSE'CllON '14TH THE AFORE;SAIDSOUTHERl..Y RIGHT OF WAY l.lNE.Of SUNSETf'OINT ROAD; THE,NCE ALONGSAIO SOUTHERLY RIGHT OF WAY UNE, SOUTH 87"53'15- (AST.. A DISTANcE OF '1.17 FEET, TO. lHE POINT Of BEGINNING. " CONT.....NING 1,596.40 SQUARE FEET OR 0.037 ACRES Of LAND. MORE OR .lEss. GENERAL NOl{:S: THIS ORAWlNG REPRESENTS A SKEtCH Of DESCRIPTION AND IS NOT A BOVNOARY SURVEY. THIS SXETCH.t,lAY HAVE BEEN REDUCED IN SIZE BY REPRODUCTION. THIS MUST BE CONSIDERED WHEN OBTAINING SCALED INfORMATION. THE LEGAL O~SieRIPT10N INClUOE:DWlTH lHlS SJ<ETCH WASPREPAREO BvruE: UNOER$ICl-lEO SU~'IIE'l'OR AND MAPPER. ALL BEARINGS .SHOWN HEREIN ARE REFERENCED 'TO AN ASSlJMEO DAlUM. REfERENCE aEARING FOR THIS SKETCH ISlHE SOUTHERLY RIGHT QF WAY LINE OF SUNSET POINlROAO, WHICH HASAN ASSUMED 8EAR1NG<Of NORTH 87"53'lS-WEST. THIS SKETCH CONSISTS OF TWO (2) SHEETS AND EACH SHEET IS INCOMPLETE wtlHOUJ THE .OTHER. PROPERTY NE: ONU ENTATION WAS NOT SET IN ASSOl::IA TION 'MTH THE PREPARATION OF THIS SKETCH. WII,.UAM.. . S PROFESSIONAL SURvt:l"<:lR " MAPPER f'lOFlIOA CERTIFICATE NO. 5493 UNlESSTHfSSKETCH. GEARS 'THE ORI~NA1.SIG~AruREANO EMBOSSED RAISED SEAL Of. THE FLORIDA UCENS(D SURVEYOR IINO MAPPER STAlED ABOVE.&HS SKETGH IS FOR lNFORMATlOOAL PURPOSES ONI-Y AND IS NOT VAllO. ~~&CREED 1365 Hamlet A"enUll Cleqrwol.8f. .floridl). 33156 Phon!!; (727)H2~7196. F"o.l!: (121)461-.3827 Ccrlificolc of Aulhorizotlof'l No. L86566 Ihternel Sltl!: hHp;l/www.mckirrl1:;c8ed.!:9lT1 10-FOOT WIDE UTlUTY EASEMENT NOT A SURVEY DAlE: Me! MOJ. , DRAWN l;tlECXED r.B:. SO Pc. 4.3-55 Stl(CT ~ Of' a OJ~N OGQ2-0)~ lito. \ltD. SKETCH OF DESCRIPTION EXHIBIT "'An (Page 1 of 2) SECTION 3 - TOWNSHIP 29 SOUTH - RANGE 15 EAST I LOT 9 -L__ I I L__ LOT 10 I I J__ LOT 11 I I I -1 LOT 12 - SUNSET POINT SUBDIVISION REPLAT . ---- F'LA T BOOk .... -PAGE 56 SUNSET POINT ROAD ""= i8~THERLY R/W UNE OF ___~SET POINT ROAD --r -LOT 9 ~-- N 87"53"5" W - B9.711 POINT . OF' C~Mrn7 LOT 11 lOT 12 L_ 1i~ ~.~ I 00 z.w 5~ .W,. a:l~ . ~~ -;1. II:' Ul .t:'l ~l- 0 U>.~ (:) ~~ z,. ~ IX ~ I POINT OF SEl:lINNING SOUTHERLY BOUNDARY OF THE NW 1/4 Of SECTlON 3-29-15 APPUIHENANT SUBMERGED lANDS BEING A POAtlON OF LOT.' OF JEROME B. TENNEY'S SUSQIVlSION (DEEO BOOK .S. -. PAGE 96) ANQ RECORDED .IN9mQAl RECQiROSBOOl< 14054 .... PAGE 8,87ANO IOEHTlFIEO BY rHEPINELLAS .CouNrv. PROP~RTV. APP~AIS.E'R AS PARCEL NO, 03/29/15/91044/000/0010 N ~ f,.I III g !- o Z . .~&CREED 1355 Homlet Ave"ue Clearwater, Florid<!. 33756 Pho<!ui: (727)442-7196, Fox; (1~7)46'-3827 c:ed ificote< of Auth9l'izQUo"NQ.I.8~566 IrHern~t Site: hUp:/ /www.m(.k.~mereect.t(lm 10--FOOT WIDE Ul1UTY EASEMEN T NOT A SURVEY n...lt, Net PllO.l. , llR"~ CHECI([l) r.B,~- I"~ 43-M Slittl lor" 03/30105 OI'~-Ot.3lJ w.o. WJ). LOCATOR MAP FORRET WATER MAIN .AND UTILlTV EASEMENT .... , ? 34.J 10 70 10 10 @) 70 70 70 10 70 70 <it lIS ~ ~ 7 8 9 10 II 12 .a 14 s 3$5.4 tocW I j I I 8 9 I 10 II 12 I I I UI I ~ Gl I 21 a i 1 I UI I ... ~ I ;;;: N I I j j I I I I I 1 r I r "1 lq' 60 I I I 1 PROPOSED 20..INCH WATER MAIN LOT I ~ t , ( , I J I J 100 5 - -61) - ~ '61 - - - 62- - I ---&;5-1 - - - - 64- . 2' o (J) - 0: a:: ~ EXISTING 16-INCH WATER MAIN VAC. -UT-nj .=-::~~~: . :--{q~ t- ..... - - -6- -'_I-I 00: -_-_-_-_~-_~IO:U;. I 6 . 'i 1131 I.... ---qi-~:""jl'4 - - -9- -,.....-' I I 1l2l){S) I r-- IS,16,i1,i&"8\ -- - --7:'. - u - '91044 I - - - -- f'\1AC. - .:....J VAt. - - - - r ' ,- T ~ -. - ~ T ~ 4 ~ T -,-." ,- T ~ -,' ~ T '"' -," , ._,,__1111'11 ',.~IIII'IIJII' 211 I I I I I 'I I I I I , I I I I j jj t ~ ' '~~~ SOWl.RiG ~~HUF~A~~ 'CLUB - - -./-., - i , , I I I I I - -8- I I 1 I I ", I 1 , , J I I' 'I' I , I I --- --4 I I I I ' . 'I I !! I t ~ ~ (J) I '! ~ I It: i I j I I I (3 IQ CALUMET STREET Ii 1\0 I I ?!i . '.' 'I I .. 1, ~ :t I I , , , I ~~.J ;$~~U ..J , ' II ~ lil 17 ! i231Sl Ie lIstS) 19 133Cs) ~1 , / f j I I I j f I I f f , I ,- r910441 _ .::-J ~. I I I I , , /:II". EN6 -q ~h! u~ City Council _=","~,g,~nda"~..~y~.!:. ~,.~,.~.~ra,=nd U I!I_,= \ \ . \ \ Trackinq Number: 1,434 Actual Date: 07/21/2005 Subject / Recommendation: Award a contract for the 2005 Street Resurfacing Contract (05-0009-EN) to R.E. Purcell Construction of Largo, Florida for the sum of $1,685,383.70, which is the lowest responsible bid received in accordance with the plans and specifications and authorize the appropriate officials to execute same. Summary: The City of Clearwater annual street resurfacing program is designed to prevent the deterioration of roadway wearing surfaces, provide a protective coating and maintain the structural integrity of the road substructure throughout the City street system. The work consists of utility adjustment, asphalt milling and asphalt surfacing. The streets scheduled for resurfacing in this contract have all been determined to warrant their inclusion by virtue of an inspection and prioritization process performed by the Public Works staff. The number and length of streets involved in this resurfacing contract is limited by the amount of annual funds to be expended at any given time. In addition to street resurfacing, the contract will include the Fleet Maintenance Driveway, the Public Service Driveway and the Solid Waste Transfer Station Driveway. A pre-construction conference will be held immediately after execution of the contract documents. The contract time schedule will begin during the month of August 2005. The contract period is 120 calendar days. Sufficient funding and budget are available in $1,646,550.62, project 0315-92266, Streets Sidewalks and Bridges 30,578.24, project 0315-96426, Facility R&R 4,127.42, 0565-06531, General Services Building & Maintenance Operating Budget 4,127.42, 0566-06611, General Services Fleet Maintenance Operating Budget Total $1,685,383.70 A copy of the contract is available in the Official Records and Legislative Services Department. Originating: Engineering Section Consent Agenda Category: Construction Contracts - Public Works Originating Number of Hard Copies attached: 6 Public Hearing: No Financial Information: Type: Capital Expenditure Bid Required? Yes ~"'flnTater u~ City Council Ag,!!lda CC?~,~,~,,~~,!,~ora n,~t!:!.,!!!. In Current Year Budget? Yes Total Cost: $1,685,383.70 0315-96426-563800-534-000 $1,646,550.62 $30,578.24 $4,127.42 Comments 2005 Street Resurfacing Appropriation Code(s) 0315-92266-563700-541-000 Amount Solid Waste Transfer Driveway 0565-06531-530300-519-000 Fleet Main Driveway 0566-06611-530300-519-000 $4,127.42 Fleet Main Driveway Review Approval Glen Bahnick Georqe McKibben 07-05-2005 10:05:04 07-06-2005 11:08:38 07-07-2005 07: 18:09 07-06-2005 09:24:47 07-06-2005 12:47:51 07-08-2005 15:57:02 07-01-2005 15:30:29 07-11-2005 10:49:43 Tina Wilson Garry Brumback Michael Quillen Brvan Ruff Bill Horne Cyndie Goudeau i L 0 0 ........ 0 E-< C\l ~ - ~ I o~ 0 Oz I- .-1_ -- II II 0 fj 0 .-1< 0 0 .-I U .. UJ ~u 2 u..... U)::I: ~ 0 ~ ~ ~ <to- lI:U ~i "'~ lIlUl f2~ <z ",- ~ <Z 00 o::~ 0< ...JO:: ......1- l/l cizC) .....-z I-::E- <00:: ~<~ O::l/lZ <lo/:C3 ~o::z uo..... ~ ...... ou ~~ -::::l Ull. 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" ;;;) ;;;) is it (/) it " ;;;) J: J: <3 > > u Ul (/) Ul III E co z ~ u; .~ " 0 .~ > ~ " 'C u a: il 0 in 0 - 0 > ~ ~ ~ " " ;;: j ~ "" -g .~ in " " j E @ " ~ ,~ ~ '!l ~ C ~ '5 ~ ~ ~ C " " 0 0 C " ~ '" '" Ul (/) Ul (/) (/) '" Ul Ul ;;;) > II) o o N ri ~ :E ell ClO M. ... CD ... ~ , o Ul I-'C Cl> C ' ,_ C' ;:1/) :IE '" ... .... ... ~ N ~ a; o ... C') II) C"t .... Ql .... 'i' Ul ii - o l1Jl- :(1= lL Gl . D::EIIl ~Gl~ ~i;tT ll.fI) - \'lii ~..c:: E a. ~.:l "" E r\g - 1 , City Council ,="'.....,....,,~!:!.~~ co~~.~.,,~,!moral!.~!:!.~''',......_... \ \. \ ') Tracking Number: 1,395 Actual Date: 07/21/2005 Subject / Recommendation: Approve the Local Agency Program (LAP) Supplemental Agreement No.4 with the Florida Department of Transportation (FDQT) for the Clearwater Beach West Bridge/Spur Connector, increasing the project CMAQ funding by $575,222 for a new total project amount of $4,728,984 and authorize the appropriate officials to execute same. Summary: . Qn November 13, 2000, the City Council approved the Local Agency Program (LAP) Agreement between the Florida Department of Transportation and the City of Clearwater for the design of the Clearwater Beach West Bridge/Spur Connector in the amount of $479,000. . Qn July 22, 2002, the City Council approved LAP Supplemental Agreement No.1 for the construction phase of the project in the amount of $3,006,562 of which $2,405,250 was for construction and $601,312 for construction engineering and inspection (CEI). Total federal funding to this date is $3,485,562. . Qn May 8, 2003, the City Council approved LAP Supplemental Agreement No.2 removing $210,775 from the CEI phase and adding it to the design phase thereby funding additional design costs associated with the preferred cable-stayed bridge alternative. The total federal funding of $3,485,562 was preserved, of which $390,537 is for CEI services and $689,775 for the cable-stayed bridge design. . Qn February 3, 2004, the City Council approved LAP Supplement NO.3 for the relocation of conflicting existing utilities in the amount of $668,200 of which $68,200 is for the utility relocation design and $600,000 for construction. Total federal funding to this date is $4,153,762. . Qn May 11, 2005, the Pinellas MPQ and the FDQT approved a supplemental CMAQ fund in the amount of $575,222 for the anticipated increased construction costs. This LAP Supplement No. 4 increases the total federal funding to $4,728,984. . A third quarter amendment will increase the budget by $575,222 for CMAQ funding in the Capital Improvement Program project 0315-92340, Clearwater Beach West Bridge/Spur Connector. . The anticipated completion date for the Mandalay Channel utility relocation is Qctober/November 2005, which will facilitate bridge construction in November/December 2005. Inasmuch as bridge construction duration is scheduled for 14 months, the expiration date of the initial LAP Agreement has been extended to December 31, 2007. . A copy of the LAP Supplemental Agreement No.4 is available for review in the Qfficial Records and Legislative Services Qffices. Qdginating: Engineering Section Consent Agenda Category: Agreements/Contracts - with cost Public Hearing: No ~~ o~ City Council ~.9...!,!:,da c;,!!.~!..~,,!:1~..!!!,!!,~,~ nd u~,.. Financial Information: I'iQe..;. Qther Qther Contract? Qther Bid Budget Adjustment: Yes Budget Adjustment Comments: See "Summary" section. Review Aooroval Glen Bahnick Garry Brumback 07-08-2005 08:44:05 07-05-2005 15:37:23 07-11-2005 11 :04: 14 06-28-2005 10:34:59 07-14-2005 15:58:26 07-05-2005 14:44:36 07-08-2005 19:21 :48 Brvan Ruff Bill Horne Michael Quillen Cvndie Goudeau Tina Wilson SUPPLEMENT NO, 4 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FIN NO, 406539 1 5801 LOCAL AGENCY PROGRAM SUPPLEMENTAL CONTRACT NO. AI 915 AGREEMENT ~S" ErJ3-l1 Re " \ \ , \ d PROJECT DESCRIPTION The CITY OF CLEARWATER and the FLORIDA DEPARTMENT OF TRANSPORTATION desire to supplement the Agreement Entered into and executed on NOVEMBER 13, 2000, as identified above and further supplemented on July 22, 2002, May 8, 2003 and again on February 3, 2004, All provisions in the basic Agreement and Supplements remain in effect except as expressly modified by this Supplement. The changes to the Agreement are described as follows: Name: Clearwater Beach West Bridge Spur Connector Length: Approximately 320 feet Termini: Mainland Clearwater across Mandalay Channel to Clearwater Beachside Description of Work: Construct Pedestrian Bridge parallel to existing roadway bridge (#43) over the Mandalay Channel. Reason for Supplement: Increased Construction costs due to updated construction estimate, Funds are increased as follows: CMAQ - $575,222 and Local Funds - $508,991, Additionally, the expiration date of the agreement is extended to December 31,2007, TYPE OF WORK FUNDING (1) (2) (3) (4) (5) PREVIOUS TOTAL ADDITIONAL CURRENT TOTAL TOTAL PROJECT FUNDS PROJECT TOTAL PROJECT AGENCY FUNDS FEDERAL FUNDS FUNDS FUNDS P.E. a, Agency Work $ 757,975 $ 757.975 $ 757,975 b, Other c. State Services d, Total PE Cost (a+b+c) $ 757,975 $ 757,975 $ 757,975 Right-of-Way e, Agency Work f, Other g, State Services h, Total RNV Cost (e+f+g) Construction i. Contract $ 3,395.787 $ 1,084,213 $ 4.480.000 $ 508,991 $3.971.009 j. Other k, Other I. Other m, Total Contract Costs (i+j+k+l) $ 3,395,787 $ 1,084,213 $ 4,480,000 $ 508,991 $3,971,009 Construction Engineering n, Agency o. Other p, State Forces q, Total Construction Engineering (n+o+p) r, Total Construction Cost $ 3,395,787 $ 1,084,213 $ 4,480,000 $ 508,991 $3,971,009 (m+q) s, TOTAL COST OF $ 4,153,762 $ 1,084,213 $ 5,237,975 $ 508,991 $4,728,984 PROJECT (d+h+r) Clearwater Beach West Bridge /Spur Connector FIN NO: 406539 1 38/5801 LAP SUPPLEMENT NO, 4 City of Clearwater IN WITNESS WHEREOF, the parties have caused these presents to be executed this day of ,2005, CITY OF CLEARWATER STATE OF FLORIDA FLORIDA DEPARTMENT OF TRANSPORTATION FLORIDA DEPARTMENT OF TRANSPORTATION WILLIAM B, HORNE, II CITY MANAGER DONALD J, SKELTON, P,E, DIRECTOR OF PLANNING/PRODUCTION COUNTER-SIGNED FRANK HIBBARD MAYOR-COMMISSIONER ATTEST CYNTHIA E, GOUDEAU CITY CLERK APPROVED AS TO FORM: APPROVED AS TO FORM, LEGALITY BRYAN D. RUFF ASSISTANT CITY ATTORNEY ATTORNEY DEPARTMENT OF TRANSPORTATION See attached Encumbrance Form for date of funding approval by Comptroller. \\~\3 City Council ,~,.,.,,~ ~9,~,~Ida f..~,~er M~!!!,~,!:~...!:!,~!I m~~ Tracking Number: 1,402 Actual Date: 07/21/2005 Subject / Recommendation: Reappoint Captain Anthony Holloway as the Police Department representative and Kristin Dailey as the Local Private Industry Council representative to the Enterprise Zone Development Agency with the term expiring on July 31, 2009. Summary: BQARD: Enterprise Zone Development Agency TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLQSURE: NotRequired STAFF LIAISQN: Diane Hufford MEMBERS: not fewer than 8 or more than 13 CHAIRPERSQN: Bob Kinney MEETING DATES: as called APPTS. NEEDED: 2 Categories to be represented: 1) Local Chamber of Commerce; 2) Local financial or insurance entities; 3) Business operating in the Area; 4) Resident residing within the Area; 5) Non-profit community based organization operating within the Area; 6) Local Private Industry Council; 7) City of Clearwater Community Response Team; and 8) City of Clearwater Police Department THE FQLLQWING ADVISQRY BQARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NQW REQUIRE EITHER REAPPOINTMENT FQR A NEW TERM QR REPLACEMENT BY A NEW APPOINTEE. 1. Captain Anthony Holloway - Qriginal Appointment 2003 (Completing a term until 07/31/05) Police Department Interest in Reappointment: Yes 2. Kristin Dailey (Formerly Griffin) - Current Address: 11954 84th Way North, Largo, FL 33773 Qriginal Appointment 12/4/2003 Qffice: 4525 140th Ave. N., Suite 906, Clearwater, FL 33762 (Completing a term until 07/31/05) Local Private Industry Council Interest in Reappointment: Yes THE FQLLQWING NAMES ARE BEING SUBMITTED FQR CQNSIDERATIQN TQ FILL THE ABQVE VACANCIES: Zip Codes of current members on board: 4 at33755 2 at 33758 1 at 33773 1 at 34685 1 at 34698 City Council _~~",~Agend_~L!=over Memora I!,!~t!:!....!!!,., ".'i'<,"="))i>i<)";*,,,,*~,~=""~'"",*!>':i,~,";"'i~~'i',*,,,,,,,,'"'""""""""';"'~;'*;*~~,'!$,i;;*;*,*;*";'~""'''''''''''''"~m""'~ Qriginating: Qfficial Rec and Legislative Svc Section Consent Agenda Category: Qther Number of Hard Copies attached: 0 Public Hearing: No Financial Information: Type: Qther Review Aporoval Cvndie Goudeau 07-19-2005 09:22:54 - ':'. 1. RECEIVED Nov D 7 tOO3 Office Address: Ll<C1S I~*' -4 ~ ~ A) . 0-t)1 ~qCb ZiD~\--t1) DeO""/J)')}{' FL ZiD~'"\-rf(k:.) Telephone~'d td'J~ Telephone: ~C)",'4~ -x~l{ How long a resident of Clearwater? ~A Occupation:~Jm.d:s f.ph"r\l~~~c.I Employer:( 1. Jrr~ r)F .J.~rP lb_j Field of Education: _ Other Work Experience: ff"r~~ nJ -Pub), i ~vr\\('\ ~ (t1 ~i) _~ ~ beedJY)Cf'1r r, ~l~';~~~~.aISJc~ . If retired, former occupation:....!.4A Community ACtiV,ities:~.~ 7I"'~. ~~ Y')-yf\'\'Oer ~ .8j. ~.p.v,(."bl '\S j(\\ )Ol\jl"~ (() a ~kL\ C'rt;>00 LI 'rrt f2\(y~. dl.,fYl1t(l(\ f' Other Interests: Board Service (current and past): --IU-lA CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARIDIY G8rA DIn. (must be Clearwater resident) Namej'}r 1St. ~ r"r'f' \ -GA 0 Home Address: \\4f)lq~. l-~ Board Preference: _E()JerfY'&> ~~ Additional Comments: Signed:~~^~ ) See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue Date: II )Y)6~ I · " ~. , . .. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? ~ r;n~l'f'I~ ~ .IS 0 ~~('. (),f"tO ~tf,bJ QT .p('N'('m,i ~~, ttlle_J~)~~d ~~ ~~~s.\ b.k, Q-:>(' er(l(urcZ\l~ ZJm.l'fu~ ,[)\)€~-hrl4 ,n~ -l-l-e~, Q~, 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? Lf'~ 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? Cc{1hc+ i ~lo()nl\:). monCfJ~r tr c...':Xt~ 41("1) lJqs - ~ req,~(\~ (Ayrt.R:rre-, .t:Y1<rd 4. Why do you want to serve on this Board? J n rY'~ (' LJn dDpJl ClJ l1l~\ (\C'V)) b I ne s.e (1J L r-e.;j ur~u(Y-ej ~ -e ),rnlrG'e IAJl '4~/n ~ (!)~ ' Name:h '-" -h ~ Or,.f2t4 ('\. Board Name: f;(\~rv',~ 2ArP City Council Cover Memorandum CA-- lh \ \ ,\~ Tracking Number: 1,401 Actual Date: 07/21/2005 Subject / Recommendation: Approve the First Amendment to the Land Transfer Agreement between the City of Clearwater, Sunspree Green, LLC and DAM Devon regarding property located at 41 Devon Drive, Clearwater, changing the closing date to the earlier of: 45 days after the developer and affiliate receive written notice from the City requesting closing or the date a building permit is issued for the construction of improvements for the project. Summary: On June 2, 2005 the City Council approved the Land Transfer Agreement between the City, Sunspree Green, LLC, and DAM Devon, LLC. The original agreement called for a closing date of 60 days from the approval of the agreement. DAM Devon and Sunspree Green are requesting the closing date be changed to on or before the first of the following events occurs: 45 days after Developer and Affiliate receive written notice from the City requesting Closing or the date a building permit is issued for the construction of improvements for the Project. Qriginating: City Attorney Section Consent Agenda Category: Agreements/Contracts - without cost Public Hearing: No Financial Information: Review Approval Pam Akin 06-20-2005 14:51:51 Cvndie Goudeau 07-06-2005 11:19:13 -kS', ~- Ii:, Re. ' \ \ . \ L..\ FIRST AMENDMENT TO LAND TRANSFER AGREEMENT THIS FIRST AMENDMENT (Amendment) is made on , 2005, among SUNSPREE GREEN, LLC, a Florida limited liability company (the "Developer"), DAM DEVON LLC, a Connecticut limited liability company ("Affiliate") and THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (the "City"). R E C ! I A k S: A. Developer, Affiliate and the City entered into that certain Land Transfer Agreement, approved by the City Commission on , ("Agreement"), pertaining to the conveyance to the City of the real property located at 41 Devon Drive, Clearwater, Pinellas County, Florida, as more particularly described in the Agreement. B. The parties desire to amend the terms of the Agreement pertaining to the Closing Date. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. 2. Amendment. Section 1.2 of the Agreement is hereby amended to read: 1.2 Closinq Date. Subject to the terms and conditions of this Agreement, the conveyance of the Property to the City (the "Closing") shall take place in Clearwater, Florida, at the offices of the City Attorney, on or before the first to occur of the following: (i) 45 days after Developer and Affiliate receive written notice from the City requesting Closing; or (ii) The date a building permit is issued for the construction of improvements for the Project. 3. Effect of Amendment. All other provIsions of the Agreement not specifically modified hereby shall remain unchanged and in full force and effect. 4. Aoolicable Law. This Amendment shall be governed by, and construed in accordance with, the laws of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the dates set forth below. 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 S~na~re B~ Barry P. Marcus Printed Name Senior Vice President Signature Printed Name 2 Signed, sealed and delivered in the presence of: Signature Printed Name Signature Printed Name AFFILIATE: DAM DEVON LLC, a Connecticut limited liability company By: David A. Mack Manager 3 Attest: By: City Clerk Approved as to form and correctness: Pamela Akin, Esquire City Attorney #348461 v1 - Sunspree/1st Amendmt to Land Transfer Agt 4 CITY: THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation By: Name: Title: Frank V. Hibbard Mayor ~~ u~ City Council Cover Memorandum (3u'- I \ do \ Tracking Number: 1,431 Actual Date: 07/21/2005 Subject / Recommendation: Adopt a tentative millage rate of 5.753 mills for fiscal year 2005/06 and set Public Hearings on the Budget for September 1, 2005 and September 15, 2005 to be held no earlier than 6:00 PM. Summary: In accordance with the TRIM Bill process it is necessary for the City Council to adopt a tentative millage rate prior to finalizing and adopting the Budget. The tentative millage rate will be included in the TRIM Sill notices sent to taxpayers in early August and cannot be increased without special mailing. The City Manager's recommended millage rate of 5.753 mills is the same millage rate as adopted for the past 3 fiscal years. The rolled back rate, according to State of Florida definition, is the millage rate that will provide the same ad valorem tax revenue as was levied in the prior year. If the recommended rate of 5.753 mills is adopted the City's ordinance adopting the millage rate will reflect a 13.74% increase over the rolled back rate of 5.0582 mills. The effect of the recommended rate of 5.753 mills on an individual Clearwater taxpayer: -If an individual's property tax value has not increased (i.e. no reassessment), there would be no increase in the City of Clearwater share of property tax. -If an individual's property tax value has increased (i.e. reassessment), the tax increase would be the same percentage increase (a 3% increase in value would result in a 3% increase in the Clearwater ~hare of property tax). -If an individual's property is homesteaded, and the property tax value has increased by more than 3%, the tax increase would be limited to a maximum of 3%, or the amount of the Consumer Price Index, whichever is lower. Qriginating: Budget Qffice Section Consent Agenda Category: Other Public Hearino: No Financial Information: ~ Qther Sid Required? No Sid Exceptions: Qther Other Contract? n/a ~~ u~ City Council ,_m,",m~B!!n da...,~.!!yer M emo,~,!.!:!,!Jm!:! 11!,..,..,." In Current Year Budget? Yes Budget Adjustment: No Review Approval Tina Wilson 07-05-2005 09:26: 11 Bill Horne 07-05-2005 15:41:35 Cvndie Goudeau 07-06-2005 11:03:46 Garry Brumback 07-05-2005 13:26:52 L_ ~', .IJ.l Interoffice Memorandum To: Mayor and Gty G>rmcil From: Tina WIlson, Budget Director CQ Bill Home, Gty Manager Garry Brumback, Assistant City Manager COPIES T CITY COUNCIL JUL 14 2005 PRESS CLERK/ATTORNEY Date: July 14,2005 Re: Information regarding 2005/06 Preliminary Budget The following information is provided at the request of one or more of the G>rmcil Members. 1) New G>nstruction Values The value of new construction for the 2005-06 budget is estimated at $149,915,200. Major projects accormting for more than two-thirds of new construction values include: Bayview G>ndominiums, 700 N. Osceola Bella Rosa, 1370 Gulf Blvd Belle Harbor 522 Mandalay Ave. Marina Town Homes at Belle Harbor, 525 Mandalay Ave The Moorings, 620-684 Bay Way Blvd $ 12,355,000 17,786,600 8,914,900 52,913,900 9.156200 $ 101,126,600 2) General Frmd employees by Union G>de or Category as of July 1,2005: ~A 401 Fire District Chief 5 F()P 221 Police Supervisor 48 IlUFF 163 S~ 263 Non- Represented (i.e. G>rmcil) ----2 Total 1,106 3) At the July 1st worksession, G>rmcil Member Jonson questioned the impact of "enhanced pension costs" as a percentage of salaries. Ansv.rer: The increased pension contribution, which is the result of the pension actuary's repon, equates to approximately 3% of full-time salaries. 4) The following information is attached: · 1RIM Presentation for Monday, July18th and Thursday, July 21st · 2005 Taxable Value By Taxing Authority as of May 23, 2005 · G>mparison of Local Gty Approved Budgets for FY 2004/05 .. lfl o o 01 ~I ril>. 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C9 a. u:: 0.0.....1 <l: 0< ~ 10 0 ~ o ": ~ o ~ ~ o <'! c ~ 'E ll'1 -" o o .c " c <Il :c tr: <3 ....I '0 c o :;::l '6 w Lt) o o N >. ell :2 - o Vl <Il <Ii c ,Q m :; U ~ Ol C .~ ~ (/) <ll :J C <ll > <ll tr: .~ ell " .~ u:: '0 2 19 CI) >. .c " <ll Vl :J C o ~ :; c. o a. ~ >. ]i ell E 'x e c. c. ell <ll .c ~,g IE Vl o ~ Vl <ll fI= 2: "E co ~~ (/)0 z.<ll c~ :l- o,g u_ Vl Vl ..!!1 8 OJ- ,~ ~ a. <ll <ll~ .sI- c ell Vl ~ 'lii ell 8 >. 'E Oi :J :l 0 t5U ~"'ffi 'E :J 80 ~ 'E o U <ll ~ ..!!1 <Il 'E <ll Vl ~ C. ~ o ~ ell ~ ....I > " 0 c U ell <ll eo '6 .~ ~ ~ 6~ -g~ ell.1!J ... Ul .E 8 $c Vl <ll 8 E ,~ ~ 05} 0.0 ~ ~ I-U:: .9i o Z 'fN-3 ~~ u~ City Council .,_~g~.!!~~f,~~!,!, Me,m,~~.~ ~.~.,!:!.,!!!., \d.d- Tracking Number: 1,413 Actual Date: 07/21/2005 Subiect / Recommendation: Pass on first reading ordinance 7466-05 modifing the investment restrictions for the Employees Pension Plan and setting the date of March 14, 2006 for a special election for approval of the same. Summary: An asset allocation study conducted earlier this year recommended several changes to the Employees Pension Plan. To implement the recommended changes, modifications to the allowable investments need to be made. Qur pension attorney has recommended and the Trustees concured that the Plan should use the investment restrictions provided for in Florida Stautes. The Trustees can further restrict the investments with the investment policy. Attached is a sample of how investments could be restricted via the Investment Policy. Qrdinance 7466-05 accomplishes this goal and sets a date for a special election of March 14, 2006. Attached are applicable state statutes. Qrioinatino: Finance Section Qther items on City Manager Reports Category: Code Amendments, Ordinances and Resolutions Number of Hard Cooies attached: 0 Financial Information: Review Aooroval Maraie Simmons 06-27-2005 16:11:19 Garrv Brumback 07-07-2005 15:38:46 Leslie Douaall-Sides 06-27-2005 16:55:37 Bill Horne 07-07-2005 17:42:45 Cyndie Goudeau 07-08-2005 15:31:23 ORDINANCE NO. 7466-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA AMENDING THE CITY OF CLEARWATER EMPLOYEES PENSION PLAN; AMENDING SECTION 2.399 TO PROVIDE FOR EXPANDED INVESTMENT AUTHORITY FOR DIVERSIFICATION OF PLAN ASSETS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater has established the City of Clearwater Employees Pension Plan; and WHEREAS, the City has authority to amend the plan as permitted by law; and WHEREAS, the City has determined that it is in the best interest of the participants and taxpayers to expand the investment authority of the Trustees; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA Section 1: Section 2.399 of the Employees Pension Plan is hereby amended to read as follows: Sec. 2.399 Establishment and operating pension fund. (c) Powers and duties of trustees. The trustees may: *** (2) Invest and reinvest the assets of the pension fund in: *** (i) Notwithstandina any limitations to the contrary contained in this section. trustees shall have the authority to diversify the fund by investina pension assets to the full extent permitted by Florida law under Sections 112.661.175.071.185.06. and 215.47. Florida Statutes. (ii) Notwithstandina any provision to the contrary. direct investments. includina real estate investments. in businesses or property located within the City of Clearwater shall be prohibited. Ordinance No, 7466-05 Section 2: If any clause, section or other part or application of this Ordinance shall be held in any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and shall not effect the validity of the remaining portions or applications which shall remain in full force and effect. Section 3: All ordinances or parts of ordinances, resolutions or parts of resolutions in conflict herewith are herby repealed to the extent of such conflicts. Section 4: A special election for the purpose of voting on this proposed ordinance as set forth shall be conducted on March 14,2006. Section 5: The question to appear on the Referendum Ballot shall be as follows: Pension Plan Amendments Shall the City of Clearwater Employees Pension Plan investments be set by Florida law under Sections 112.661, 175.071, 185.06, and 215.47 Florida Statute, with the additional restriction that there be no direct investments, including real estate within the City of Clearwater as provided in Ordinance 7466-05? Yes For amendment to Employees Pension Plan No Against amendment to Employees Pension Plan Section 5: This ordinance shall take effect immediately upon adoption. The amendments to the Employees Pension Plan provided herein shall take effect only upon approval of a majority of the City electors voting at the referendum election on these issues and upon the filing with the State. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: 2 Ordinance No. 7466-05 Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk 3 Ordinance No. 7466-05 Florida Statutes 112.661PUBLlC OFFICERS AND EMPLOYEES: 112.661 Investment policies.--Investment of the assets of any local retirement system or plan must be consistent with a written investment policy adopted by the board. Such policies shall be structured to maximize the financial return to the retirement system or plan consistent with the risks incumbent in each investment and shall be structured to establish and maintain an appropriate diversification of the retirement system or plan's assets. (1) SCOPE. -- The investment policy shall apply to funds under the control of the board. (2) INVESTMENT OBJECTIVES.--The investment policy shall describe the investment objectives of the board. (3) PERFORMANCE MEASUREMENT.--The investment policy shall specify performance measures as are appropriate for the nature and size of the assets within the board's custody. (4) INVESTMENT AND FIDUCIARY STANDARDS.--The investment policy shall describe the level of prudence and ethical standards to be followed by the board in carrying out its investment activities with respect to funds described in this section. The board in performing its investment duties shall comply with the fiduciary standards set forth in the Employee Retirement Income Security Act of 1974 at 29 U.S.c. s. 1104(a)(1 )(A)-(C). In case of conflict with other provisions of law authorizing investments, the investment and fiduciary standards set forth in this section shall prevail. (5) AUTHORIZED INVESTMENTS.-- (a) The investment policy shall list investments authorized by the board. Investments not listed in the investment policy are prohibited. Unless otherwise authorized by law or ordinance, the investment of the assets of any local retirement system or plan covered by this part shall be subject to the limitations and conditions set forth in s. 215.47(1)-(8), (10), and (16). (b) If a local retirement system or plan has investments that, on October 1, 2000, either exceed the applicable limit or do not satisfy the applicable investment standard, such excess or investment not in compliance with the policy may be continued until such time as it is economically feasible to dispose of such investment. However, no additional investment may be made in the investment category which exceeds the applicable limit, unless authorized by law or ordinance. (6) MATURITY AND LIQUIDITY REQUIREMENTS.--The investment policy shall require that the investment portfolio be structured in such manner as to provide sufficient liquidity to pay obligations as they come due. To that end, the investment policy should direct that, to the extent possible, an attempt will be made to match investment maturities with known cash needs and anticipated cash-flow requirements. (7) PORTFOLIO COMPOSITION.--The investment policy shall establish guidelines for investments and limits on security issues, issuers, and maturities. Such guidelines shall be commensurate with the nature and size of the funds within the custody of the board. (8) RISK AND DIVERSIFICATION.--The investment policy shall provide for appropriate diversification of the investment portfolio. Investments held should be diversified to the extent practicable to control the risk of loss resulting from overconcentration of assets in a specific maturity, issuer, instrument, dealer, or bank through which financial instruments are bought and sold. Diversification strategies within the established guidelines shall be reviewed and revised periodically, as deemed necessary by the board. (9) EXPECTED ANNUAL RATE OF RETURN.--The investment policy shall require that, for each actuarial valuation, the board determine the total expected annual rate of return for the current year, for each of the next several years, and for the long term thereafter. This determination must be filed promptly with the Department of Management Services and with the plan's sponsor and the consulting actuary. The department shall use this determination only to notify the board, the plan's sponsor, and consulting actuary of material differences between the total expected annual rate of return and the actuarial assumed rate of return. (10) THIRD-PARTY CUSTODIAL AGREEMENTS.--The investment policy shall provide appropriate arrangements for the holding of assets of the board. Securities should be held with a third party, and all securities purchased by, and all collateral obtained by, the board should be properly designated as an asset of the board. No withdrawal of securities, in whole or in part, shall be made from safekeeping except by an authorized member of the board or the board's designee. Securities transactions between a broker-dealer and the custodian involving purchase or sale of securities by transfer of money or securities must be made on a "delivery vs. payment" basis, if applicable, to ensure that the custodian will have the security or money, as appropriate, in hand at the conclusion of the transaction. (11) MASTER REPURCHASE AGREEMENT. --The investment policy shall require all approved institutions and dealers transacting repurchase agreements to execute and perform as stated in the Master Repurchase Agreement. All repurchase agreement transactions shall adhere to the requirements of the Master Repurchase Agreement. (12) BID REQUIREMENT.--The investment policy shall provide that the board determine the approximate maturity date based on cash-flow needs and market conditions, analyze and select one or more optimal types of investment, and competitively bid the security in question when feasible and appropriate. Except as otherwise required by law, the most economically advantageous bid must be selected. (13) INTERNAL CONTROLS.--The investment policy shall provide for a system of internal controls and operational procedures. The board shall establish a system of internal controls which shall be in writing and made a part of the board's operational procedures. The policy shall provide for review of such controls by independent certified public accountants as part of any financial audit periodically required of the board's unit of local government. The internal controls should be designed to prevent losses of funds which might arise from fraud, error, misrepresentation by third parties, or imprudent actions by the board or employees of the unit of local government. (14) CONTINUING EDUCATION.--The investment policy shall provide for the continuing education of the board members in matters relating to investments and the board's responsibilities. (15) REPORTING.--The investment policy shall provide for appropriate annual or more frequent reporting of investment activities. To that end, the board shall prepare periodic reports for submission to the governing body of the unit of local government which shall include investments in the portfolio by class or type, book value, income earned, and market value as of the report date. Such reports shall be available to the public. (16) FILING OF INVESTMENT POLlCY.--Upon adoption by the board, the investment policy shall be promptly filed with the Department of Management Services and the plan's sponsor and consulting actuary. The effective date of the investment policy, and any amendment thereto, shall be the 31 st calendar day following the filing date with the plan sponsor. (17) VALUATION OF ILLIQUID INVESTMENTS.--The investment policy shall provide for the valuation of illiquid investments for which a generally recognized market is not available or for which there is no consistent or generally accepted pricing mechanism. If those investments are utilized, the investment policy must include the criteria set forth in s. 215.47(6), except that submission to the Investment Advisory Council is not required. The investment policy shall require that, for each actuarial valuation, the board must verify the determination of the fair market value for those investments and ascertain that the determination complies with all applicable state and federal requirements. The investment policy shall require that the board disclose to the Department of Management Services and the plan's sponsor each such investment for which the fair market value is not provided. 175.071 FIREFIGHTER PENSIONS 175.071 General powers and duties of board of trustees.--For any municipality, special fire control district, chapter plan, local law municipality, local law special fire control district, or local law plan under this chapter: (1) The board of trustees may: (a) Invest and reinvest the assets of the firefighters' pension trust fund in annuity and life insurance contracts of life insurance companies in amounts sufficient to provide, in whole or in part, the benefits to which all of the participants in the firefighters' pension trust fund shall be entitled under the provisions of this chapter and pay the initial and subsequent premiums thereon. (b) Invest and reinvest the assets of the firefighters' pension trust fund in: 1. Time or savings accounts of a national bank, a state bank insured by the Bank Insurance Fund, or a savings, building, and loan association insured by the Savings Association Insurance Fund which is administered by the Federal Deposit Insurance Corporation or a state or federal chartered credit union whose share accounts are insured by the National Credit Union Share Insurance Fund. 2. Obligations of the United States or obligations guaranteed as to principal and interest by the government of the United States. 3. Bonds issued by the State of Israel. 4. Bonds, stocks, or other evidences of indebtedness issued or guaranteed by a corporation organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia, provided: a. The corporation is listed on anyone or more of the recognized national stock exchanges or on the National Market System of the NASDAQ Stock Market and, in the case of bonds only, holds a rating in one of the three highest classifications by a major rating service; and b. The board of trustees shall not invest more than 5 percent of its assets in the common stock or capital stock of anyone issuing company, nor shall the aggregate investment in anyone issuing company exceed 5 percent of the outstanding capital stock of that company or the aggregate of its investments under this subparagraph at cost exceed 50 percent of the assets of the fund. This paragraph shall apply to all boards of trustees and participants. However, in the event that a municipality or special fire control district has a duly enacted pension plan pursuant to, and in compliance with, s. 175.351, and the trustees thereof desire to vary the investment procedures herein, the trustees of such plan shall request a variance of the investment procedures as outlined herein only through a municipal ordinance, special act of the Legislature, or resolution by the governing body of the special fire control district; where a special act, or a municipality by ordinance adopted prior to July 1, 1998, permits a greater than 50-percent equity investment, such municipality shall not be required to comply with the aggregate equity investment provisions of this paragraph. Notwithstanding any other provision of law to the contrary, nothing in this section may be construed to take away any preexisting legal authority to make equity investments that exceed the requirements of this paragraph. The board of trustees may invest up to 10 percent of plan assets in foreign securities. (c) Issue drafts upon the firefighters' pension trust fund pursuant to this act and rules and regulations prescribed by the board of trustees. All such drafts shall be consecutively numbered, be signed by the chair and secretary, and state upon their faces the purpose for which the drafts are drawn. The treasurer or depository of each municipality or special fire control district shall retain such drafts when paid, as permanent vouchers for disbursements made, and no money shall be otherwise drawn from the fund. (d) Convert into cash any securities of the fund. (e) Keep a complete record of all receipts and disbursements and of the board's acts and proceedings. (2) Any and all acts and decisions shall be effectuated by vote of a majority of the members of the board; however, no trustee shall take part in any action in connection with the trustee's own participation in the fund, and no unfair discrimination shall be shown to any individual firefighter participating in the fund. (3) The board's action on all claims for retirement under this act shall be final, provided, however, that the rules and regulations of the board have been complied with. (4) The secretary of the board of trustees shall keep a record of all persons receiving retirement payments under the provisions of this chapter, in which shall be noted the time when the pension is allowed and when the pension shall cease to be paid. In this record, the secretary shall keep a list of all firefighters employed by the municipality or special fire control district. The record shall show the name, address, and time of employment of such firefighters and when they cease to be employed by the municipality or special fire control district. (5) The sole and exclusive administration of, and the responsibilities for, the proper operation of the firefighters' pension trust fund and for making effective the provisions of this chapter are vested in the board of trustees; however, nothing herein shall empower a board of trustees to amend the provisions of a retirement plan without the approval of the municipality or special fire control district. The board of trustees shall keep in convenient form such data as shall be necessary for an actuarial valuation of the firefighters' pension trust fund and for checking the actual experience of the fund. (6)(a) At least once every 3 years, the board of trustees shall retain a professionally qualified independent consultant who shall evaluate the performance of any existing professional money manager and shall make recommendations to the board of trustees regarding the selection of money managers for the next investment term. These recommendations shall be considered by the board of trustees at its next regularly scheduled meeting. The date, time, place, and subject of this meeting shall be advertised in the same manner as for any meeting of the board. (b) For purposes of this subsection, the term "professionally qualified independent consultant" means a consultant who, based on education and experience, is professionally qualified to evaluate the performance of professional money managers, and who, at a minimum: 1. Provides his or her services on a flat-fee basis. 2. Is not associated in any manner with the money manager for the pension fund. 3. Makes calculations according to the American Banking Institute method of calculating time- weighted rates of return. All calculations must be made net of fees. 4. Has 3 or more years of experience working in the public sector. (7) To assist the board in meeting its responsibilities under this chapter, the board, if it so elects, may: (a) Employ independent legal counsel at the pension fund's expense. (b) Employ an independent actuary, as defined in s. 175.032(7), at the pension fund's expense. (c) Employ such independent professional, technical, or other advisers as it deems necessary at the pension fund's expense. If the board chooses to use the municipality's or special district's legal counselor actuary, or chooses to use any of the municipality's or special district's other professional, technical, or other advisers, it must do so only under terms and conditions acceptable to the board. 185.06 MUNICIPAL POLICE PENSIONS 185.06 General powers and duties of board of trustees.--For any municipality, chapter plan, local law municipality, or local law plan under this chapter: (1) The board of trustees may: (a) Invest and reinvest the assets of the retirement trust fund in annuity and life insurance contracts of life insurance companies in amounts sufficient to provide, in whole or in part, the benefits to which all of the participants in the municipal police officers' retirement trust fund shall be entitled under the provisions of this chapter, and pay the initial and subsequent premiums thereon. (b) Invest and reinvest the assets of the retirement trust fund in: 1. Time or savings accounts of a national bank, a state bank insured by the Bank Insurance Fund, or a savings and loan association insured by the Savings Association Insurance Fund which is administered by the Federal Deposit Insurance Corporation or a state or federal chartered credit union whose share accounts are insured by the National Credit Union Share Insurance Fund. 2. Obligations of the United States or obligations guaranteed as to principal and interest by the United States. 3. Bonds issued by the State of Israel. 4. Bonds, stocks, or other evidences of indebtedness issued or guaranteed by a corporation organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia, provided: a. The corporation is listed on anyone or more of the recognized national stock exchanges or on the National Market System of the NASDAQ Stock Market and, in the case of bonds only, holds a rating in one of the three highest classifications by a major rating service; and b. The board of trustees shall not invest more than 5 percent of its assets in the common stock or capital stock of anyone issuing company, nor shall the aggregate investment in anyone issuing company exceed 5 percent of the outstanding capital stock of the company or the aggregate of its investments under this subparagraph at cost exceed 50 percent of the fund's assets. This paragraph shall apply to all boards of trustees and participants. However, in the event that a municipality has a duly enacted pension plan pursuant to, and in compliance with, s. 185.35 and the trustees thereof desire to vary the investment procedures herein, the trustees of such plan shall request a variance of the investment procedures as outlined herein only through a municipal ordinance or special act of the Legislature; where a special act, or a municipality by ordinance adopted prior to July 1, 1998, permits a greater than 50-percent equity investment, such municipality shall not be required to comply with the aggregate equity investment provisions of this paragraph. Notwithstanding any other provision of law to the contrary, nothing in this section may be construed to take away any preexisting legal authority to make equity investments that exceed the requirements of this paragraph. The board of trustees may invest up to 10 percent of plan assets in foreign securities. (c) Issue drafts upon the municipal police officers' retirement trust fund pursuant to this act and rules and regulations prescribed by the board of trustees. All such drafts shall be consecutively numbered, be signed by the chair and secretary, and state upon their faces the purposes for which the drafts are drawn. The city treasurer or other depository shall retain such drafts when paid, as permanent vouchers for disbursements made, and no money shall otherwise be drawn from the fund. (d) Finally decide all claims to relief under the board's rules and regulations and pursuant to the provisions of this act. (e) Convert into cash any securities of the fund. (f) Keep a complete record of all receipts and disbursements and of the board's acts and proceedings. (2) Any and all acts and decisions shall be effectuated by vote of a majority of the members of the board; however, no trustee shall take part in any action in connection with his or her own participation in the fund, and no unfair discrimination shall be shown to any individual employee participating in the fund. (3) The secretary of the board of trustees shall keep a record of all persons receiving retirement payments under the provisions of this chapter, in which shall be noted the time when the pension is allowed and when the pension shall cease to be paid. In this record, the secretary shall keep a list of all police officers employed by the municipality. The record shall show the name, address, and time of employment of such police officer and when he or she ceases to be employed by the municipality. (4) The sole and exclusive administration of, and the responsibilities for, the proper operation of the retirement trust fund and for making effective the provisions of this chapter are vested in the board of trustees; however, nothing herein shall empower a board of trustees to amend the provisions of a retirement plan without the approval of the municipality. The board of trustees shall keep in convenient form such data as shall be necessary for an actuarial valuation of the retirement trust fund and for checking the actual experience of the fund. (5)(a) At least once every 3 years, the board of trustees shall retain a professionally qualified independent consultant who shall evaluate the performance of any existing professional money manager and shall make recommendations to the board of trustees regarding the selection of money managers for the next investment term. These recommendations shall be considered by the board of trustees at its next regularly scheduled meeting. The date, time, place, and subject of this meeting shall be advertised in the same manner as for any meeting of the board. (b) For the purpose of this subsection, the term "professionally qualified independent consultant" means a consultant who, based on education and experience, is professionally qualified to evaluate the performance of professional money managers, and who, at a minimum: 1. Provides his or her services on a flat-fee basis. 2. Is not associated in any manner with the money manager for the pension fund. 3. Makes calculations according to the American Banking Institute method of calculating time- weighted rates of return. All calculations must be made net of fees. 4. Has 3 or more years of experience working in the public sector. (6) To assist the board in meeting its responsibilities under this chapter, the board, if it so elects, may: (a) Employ independent legal counsel at the pension fund's expense. I (b) Employ an independent actuary, as defined in s. 185.02(8), at the pension fund's expense. (c) Employ such independent professional, technical, or other advisers as it deems necessary at the pension fund's expense. If the board chooses to use the municipality's or special district's legal counselor actuary, or chooses to use any of the municipality's other professional, technical, or other advisers, it must do so only under terms and conditions acceptable to the board. 215.47 FINANCIAL MATTERS: GENERAL PROVISIONS 215.47 Investments; authorized securities; loan of securities.--Subject to the limitations and conditions of the State Constitution or of the trust agreement relating to a trust fund, moneys available for investments under ss. 215.44-215.53 may be invested as follows: (1) Without limitation in: (a) Bonds, notes, or other obligations of the United States or those guaranteed by the United States or for which the credit of the United States is pledged for the payment of the principal and interest or dividends thereof. (b) State bonds pledging the full faith and credit of the state and revenue bonds additionally secured by the full faith and credit of the state. (c) Bonds of the several counties or districts in the state containing a pledge of the full faith and credit of the county or district involved. (d) Bonds issued or administered by the State Board of Administration secured solely by a pledge of all or part of the 2 -cent constitutional fuel tax accruing under the provisions of s. 16, Art. IX of the State Constitution of 1885, as amended, or of s. 9, Art. XII of the 1968 revised State Constitution. (e) Bonds issued by the State Board of Education pursuant to ss. 18 and 19, Art. XII of the State Constitution of 1885, as amended, or to s. 9, Art. XII of the 1968 revised State Constitution, as amended. (f) Bonds issued by the Florida Outdoor Recreational Development Council pursuant to s. 17, Art. IX of the State Constitution of 1885, as amended. (g) Bonds issued by the Florida State Improvement Commission, Florida Development Commission, lDivision of Bond Finance of the 2Department of General Services, or Division of Bond Finance of the State Board of Administration. (h) Savings accounts in, or certificates of deposit of, any bank, savings bank, or savings and loan association incorporated under the laws of this state or organized under the laws of the United States doing business and situated in this state, the accounts of which are insured by the Federal Government or an agency thereof, in an amount that does not exceed 15 percent of the net worth of the institution, or a lesser amount as determined by rule by the State Board of Administration, provided such savings accounts and certificates of deposit are secured in the manner prescribed in chapter 280. (i) Notes, bonds, and other obligations of agencies of the United States. (j) Commercial paper of prime quality of the highest letter and numerical rating as provided for by at least one nationally recognized rating service. (k) Time drafts or bills of exchange drawn on and accepted by a commercial bank, otherwise known as banker's acceptances, which are accepted by a member bank of the Federal Reserve System having total deposits of not less than $400 million. (l) Negotiable certificates of deposit issued by domestic or foreign financial institutions in United States dollars. (m) Short-term obligations not authorized elsewhere in this section to be purchased individually or in pooled accounts or other collective investment funds, for the purpose of providing liquidity to any fund or portfolio. (n) Securities of, or other interests in, any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.c. ss. BOa-1 et seq., as amended from time to time, provided that the portfolio of such investment company or investment trust is limited to obligations of the United States Government or any agency or instrumentality thereof and to repurchase agreements fully collateralized by such United States Government obligations and provided that such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian. (2) With no more than 25 percent of any fund in: (a) Bonds, notes, or obligations of any municipality or political subdivision or any agency or authority of this state, if such obligations are rated in anyone of the three highest ratings by two nationally recognized rating services. However, if only one nationally recognized rating service shall rate such obligations, then such rating service must have rated such obligations in anyone of the two highest classifications heretofore mentioned. (b) Notes secured by first mortgages on Florida real property, insured or guaranteed by the Federal Housing Administration or the United States Department of Veterans Affairs. (c) Investments collateralized by first mortgages covering single-family Florida residences, provided such mortgages do not exceed $60,000, do not exceed BO percent of value, are not delinquent, and are originated by a lender regulated by the state or Federal Government and the aggregate of the collateral furnished is at least 150 percent of the aggregate investment under this subsection. The mortgages used for collateral shall be segregated by the lending institution so that such segregation may be confirmed by independent audit. In the event any such mortgage used as collateral becomes more than 3 months delinquent, the lender shall immediately substitute therefor a mortgage of equal or greater value. (d) Mortgage securities which represent participation in or are collateralized by mortgage loans secured by real property. Such securities must be issued by an agency of or enterprise sponsored by the United States Government, including, but not limited to, the Government National Mortgage Association, the Federal National Mortgage Association, and the Federal Home Loan Mortgage Corporation. (e) Group annuity contracts of the pension investment type with insurers licensed to do business in this state, except that amounts invested by the board with anyone insurer shall not exceed 3 percent of its assets. (f) Certain interests in real property and related personal property, including mortgages and related instruments on commercial or industrial real property, with provisions for equity or income participation or with provisions for convertibility to equity ownership; and interests in collective investment funds. Associated expenditures for acquisition and operation of assets purchased under this provision or of investments in private equity or other private investment partnerships or limited liability companies shall be included as a part of the cost of the investment. 1. The title to real property acquired under this paragraph shall be vested in the name of the respective fund. 2. For purposes of taxation of property owned by any fund, the provisions of s. 196.199(2)(b) do not apply. 3. Real property acquired under the provisions of this paragraph shall not be considered state lands or public lands and property as defined in chapter 253, and the provisions of that chapter do not apply to such real property. (g) Fixed-income obligations not otherwise authorized by this section issued by foreign governments or political subdivisions or agencies thereof, supranational agencies, foreign corporations, or foreign commercial entities, if the obligations are rated investment grade by at least one nationally recognized rating service. (h) A portion of the funds available for investment pursuant to this subsection may be invested in rated or unrated bonds, notes, or instruments backed by the full faith and credit of the government of Israel. (i) Obligations of agencies of the government of the United States, provided such obligations have been included in and authorized by the Florida Retirement System Defined Benefit Plan Investment Policy Statement established in s. 215.475. (j) United States dollar-denominated obligations issued by foreign governments, or political subdivisions or agencies thereof, supranational agencies, foreign corporations, or foreign commercial entities. (3) With no more than 80 percent of any fund in common stock, preferred stock, and interest- bearing obligations of a corporation having an option to convert into common stock, provided: (a) The corporation is organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia; or (b) The corporation is listed on anyone or more of the recognized national stock exchanges in the United States and conforms with the periodic reporting requirements under the Securities Exchange Act of 1934. (c) Not more than 75 percent of the fund may be in internally managed common stock. The board shall not invest more than 10 percent of the equity assets of any fund in the common stock, preferred stock, and interest-bearing obligations having an option to convert into common stock, of anyone issuing corporation; and the board shall not invest more than 3 percent of the equity assets of any fund in such securities of anyone issuing corporation except to the extent a higher percentage of the same issue is included in a nationally recognized market index, based on market values, at least as broad as the Standard and Poor's Composite Index of 500 Companies, or except upon a specific finding by the board that such higher percentage is in the best interest of the fund. (4) With no more than 80 percent of any fund, in interest-bearing obligations with a fixed maturity of any corporation or commercial entity within the United States. (5) With no more than 20 percent of any fund in corporate obligations and securities of any kind of a foreign corporation or a foreign commercial entity having its principal office located in any country other than the United States of America or its possessions or territories, not including United States dollar-denominated securities listed and traded on a United States exchange which are a part of the ordinary investment strategy of the board. (6) With no more than 5 percent of any fund to be invested as deemed appropriate by the board, notwithstanding investment limitations otherwise expressed in this section. Prior to the board engaging in any investment activity not otherwise authorized under ss. 215.44-215.53, excluding investments in publicly traded securities, options, financial futures, or similar instruments, the board shall present to the Investment Advisory Council a proposed plan for such investment. Said plan shall include, but not be limited to, the expected benefits and potential risks of such activity; methods for monitoring and measuring the performance of the investment; a complete description of the type, nature, extent and purpose of the investment, including description of issuer, security in which investment is proposed to be made, voting rights or lack thereof and control to be acquired, restrictions upon voting, transfer, and other material rights of ownership, and the existence of any contracts, arrangements, understandings, or relationships with any person or entity (naming the same) with respect to the proposed investment; and assurances that sufficient investment expertise is available to the board to properly evaluate and manage such activity. The Investment Advisory Council may obtain independent investment counsel to provide expert advice with regard to such proposed investment activity by the board, and the board shall defray such costs. (7) For the purpose of determining the above investment limitations, the value of bonds shall be the par value thereof, and the value of evidences of ownership and interest-bearing obligations having an option to convert to ownership shall be the cost thereof. (8) Investments in any securities authorized by this section may be under repurchase agreements or reverse repurchase agreements. (9) Investments made by the State Board of Administration shall be designed to maximize the financial return to the fund consistent with the risks incumbent in each investment and shall be designed to preserve an appropriate diversification of the portfolio. The board shall discharge its duties with respect to a plan solely in the interest of its participants and beneficiaries. The board in performing the above investment duties shall comply with the fiduciary standards set forth in the Employee Retirement Income Security Act of 1974 at 29 U.S.c. s. 11 04(a)(1 )(A) through (C). In case of conflict with other provisions of law authorizing investments, the investment and fiduciary standards set forth in this subsection shall prevail. (10) The board is authorized to buy and sell futures and options, provided the instruments for such purpose are traded on a securities exchange or board of trade regulated by the Securities and Exchange Commission or the Commodity Futures Trading Commission, unless the board by rule authorizes a different market. (11) The board is authorized to invest in domestic or foreign notional principal contracts. (12) The State Board of Administration, consistent with sound investment policy, may pledge up to 2 percent of the assets of the Florida Retirement System Trust Fund as collateral for housing bonds issued by the State of Florida or its political subdivisions under chapter 159, part V of chapter 420, or chapter 421 as a supplemental income program for the system. With regard to any collateral program, the State Board of Administration is authorized to coordinate or retain other governmental entities of the State of Florida or private entities to administer this program, as well as receive fees for the use of the designated collateral. (13) The State Board of Administration, consistent with sound investment policy, may invest the earnings accrued and collected upon the investment of the minimum balance of funds required to be maintained in the State Transportation Trust Fund pursuant to s. 339.135(6)(b). Such investment shall be limited as provided in s. 288.9607(7). (14) With no more than 5 percent of any fund in private equity through participation in limited partnerships and limited liability companies. (15) The State Board of Administration is authorized to invest in domestic and foreign group trusts. (16) Securities or investments purchased or held under the provisions of this section may be loaned to securities dealers or financial institutions, provided the loan is collateralized by cash or securities having a market value of at least 100 percent of the market value of the securities loaned. Sample Investment Policy Restrictions Domestic Fixed Income: At least 90% ofthe securities in an investment manager's portfolio must be investment grade. Real Estate: The pension plan will have no direct ownership of any real property. All real estate ownership will be in the form ofREITS. International Fixed Income: The plan will have no allocation to emerging market debt securities. Target Asset Allocation Large Cap Value 10% Mid Cap Value 5% Small Cap Value 5% Domestic Fixed Income 30% Emerging Markets Equity 10% Emerging Market Debt 0% Large Cap Growth Mid Cap Growth Small Cap Growth REITS International Equity High Yield 10% 5% 5% 10% 10% 0% ~~ u~ City Council Cover Memorandum p'u- \ \d.-~ Trackinq Number: 1,397 Actual Date: 07/21/2005 Subject / Recommendation: Approve submission of an application for federal funding in the amount of $101,553 to the U.S. Department of Justice/Bureau of Justice Assistance (USDQJ/BJA) under the Edward Byrne Memorial Justice Assistance Grant (JAG) program, and that the appropriate officials be authorized to execute same. Summary: 1. The Police Department has submitted an application for federal grant funding in the amount of $101,553 for continuation of its award-winning program, Qperacion Apoyo Hispano (Qperation Hispanic Qutreach). There is no cash match or additional personnel associated with this grant. 2. The application proposes that the City continue its very successful partnership and contractual relationship with the YWCA of Tampa Bay for services necessary for operation of Qperacion Apoyo Hispano, which consists of advocacy, interpretation, translation of documents, and crime prevention/education activities. These contractual expenses will be spread out over a two-year period from Qctober 1, 2005 - September 30, 2007. (Please note: DQJ/BJA has designated the official grant period as Qctober 1, 2004 - September 30, 2008.) 3. The JAG program is a new grant program and has new grant application requirements. USDOJ/BJA requires that all JAG grant applications be reviewed and approved by the City Council at a public meeting before USDQJ/BJA will consider approval of grant funding. 4. USDQJ/BJA also requires that grant applicants publicly advertise their intent to apply for JAG funding, which can be done on the applicant's web site. The Police Department posted the announcement of its submission for JAG funding on its web site on June 9, 2005. Originating: Police Section Consent Agenda Category: Qther Financial Information: ~ Other Bid Required? No Bid Exceptions: Other Other Contract? application of grant approval Review Approval Sid Klein 06-17-2005 15:53:30 City Council Cover Memorandum ~~ u~ Garrv Brumback 07-07-2005 07:16:15 Cvndie Goudeau 07-07-2005 08:57:41 Bill Horne 07-07-2005 08:47:09 Tina Wilson 07-06-2005 07:56:18 City Council __~",.,.~jlen~!!,....~over ~,~!!!,~..~!~..!:!.!!!.._"......,,,,,,. VS" / f\JS - \ \ d. <-\ Tracking Number: 1,432 Actual Date: 07/21/2005 Subject / Recommendation: Approve request for forgiveness of the interest and penalties, in the amount of $8,635.60, associated with the demolition and lot clearing liens on the property located at 1604 N. Fort Harrison Avenue (Legal description: E. A. Marshall's Subdivision, Lot 16); Qwners: Daniel and Mary Trosili, 1605 N. Ft. Harrison Avenue. Summary: The current owners of the property located at 1604 N. Ft. Harrison Avenue are requesting a reduction of the demolition and lot clearing liens on the property, specifically to waive the interest and penalties associated with the liens to a total amount of $8,635.60 (as of 06-24-05). The property is currently vacant and zoned Commercial. The owners realize that they will be responsible to pay the principal and administrative costs totaling $10,173.50. The liens were placed on the property by the City Council directly associated with the City's costs involved with hiring outside contractors for the demolition of an unsafe structure, and clean up of overgrowth, due to conditions precipitated by previous ownership. The new owners purchased the vacant property in December 2004. They have kept the property well maintained since. Legally the only way these liens can be reduced is through City Council authorization. The City Council policy factors to be considered for waiver/reduction of liens and recommendations by staff (in parentheses)are as follows: ~ Whether the violation has been brought into compliance regardingthe violation cited. (The property is now in complete compliance with codes). ~ Whether extreme or undue hardship is shown regarding payment ofthe lien and/or regarding coming into compliance with code requirements during the required time. (There is no hardship indicated). ~ Whether there are existing code violations on other properties ownedby the violator or prospective purchaser. (There are no violations on record by the current property owners). ~ Whether there is a development or redevelopment proposalregarding the property which would result in improvement or upgrade of the property. (The property owner has cleaned up the site and maintained it. This property creates a buffer between this site and a problematic rental/hotel property to the south. Conditions and crime stats on that site have been brought to the attention of the City Council in the past. The current property owners desire to install a fence on their property in order to stop transient traffic accessing a problematic property to the south). ~ Whether, given such a development or redevelopment plan, it wouldbe impractical to take the compliance action directed by the City Council. Not applicable as there is no current development plan for the vacant property. ~ Whether payment would hinder a proposed sale of the property. (The current owners went ahead and purchased the property for $15,000). ~ Whether an appraisal of the property, submitted by theapplicant, demonstrates to the City that the cost of the lien has been absorbed. (The applicant did not submit a property appraisal). ~ The amount of a lien will not be reduced belowthe amount representing administrative costs incurred by the city regarding the case. (The applicants intend to pay the principal and administrative costs. Considering the above factors, especially the good faith efforts made by these applicants to improve the property and the area in general, staff is recommending a waiver of $8,635.60 for the interest / penalties associated with the liens on the property at 1604 N. Ft. Harrison Avenue, provided $10,173.50 is paid for the principal and administrative costs of the liens. ~-atet u~ City Council =_"...". A~!!,!I a c~~~..~...=~ emorC!..I!,~,!:!!!!==.. Qriginating: DeveljNeighborhood Services Section Consent Agenda Category: Other Public Hearing: No ~ Other Financial Information: Review Approval Jeff Kronschnabl Bill Horne Cvndie Goudeau Garry Brumback 06-28-2005 08:01 :09 07-07-2005 17:44:02 07-08-2005 15:38:29 07-07-2005 15:41:19 01R- ~~ u~ City Council \d'~ _,mM,~5lenda .,,~.~V!!-~'~'!!!'~'~~~'~Md l!I!I_MM.............._=,.....'''...........=....,.''.'.'M.""'."M..m.M"_ Tracking Number: 1,391 Actual Date: 07/21/2005 Subject / Recommendation: Adopt Resolution 05-29, clarifying the change of business transfer fee in commercial dock permits for storage of vessels at the Clearwater Municipal Marina. Summary: City Council approved Resolution No. 05-07 at the January 20, 2005 Council meeting. The resolution 1. Modified the commercial and private dock permits, postponing the transfer fee equivalent to three year's base rent in effect at the time of a sale, payable by the purchaser until the new Marina Business Plan in 2008, 2. Imposed no transfer fee for a business sold to a boat captain or crew member with proof of being with the business for five years or more, 3. Instituted a three year transfer fee at the time of a sale for any business desiring to change the business from its current form to another type of business, with the Harbormaster's approval of the change, and 4. Instituted charging a nonrefundable fee to both remain on, or be placed on, both the commercial and private slip waiting list; $250 for commercial, $100 for private. In order to clarify when the transfer fee is to be imposed, we are submitting Resolution No. 05-29 for Council approval. The transfer fee is to be charged when a current tenant sells his business to a new owner and the purchaser wishes to change the current operation to another form of business operation, provided the Marine & Aviation Director or his designee approves of the change. Qriginating: Marine and Aviation Section Qther items on City Manager Reports Category: Agreements/Contracts - without cost Public Hearing: No Financial Information: Review Approval Bill Morris 06-10-2005 15:05:21 Garrv Brumback 07-08-2005 07:23:06 Brvan Ruff 06-13-2005 10:22: 14 Bill Horne 07-08-2005 15:59:54 Cyndie Goudeau 07-11-2005 10:46:51 I?s" rnR - \ RESOLUTION NO. 05-29 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA CLARIFYING THE CHANGE OF BUSINESS TRANSFER FEE IN COMMERCIAL DOCK PERMITS FOR STORAGE OF VESSELS AT THE CLEARWATER MUNICIPAL MARINA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater wishes to clarify when a transfer fee is imposed during the sale of a commercial business, specifically; Postponing the transfer fee for current tenants when selling the business to a new tenant that will be maintaining the current business operation to be readdressed at the time of the making of the new Marina Business Plan in 2008, Instituting a three year transfer fee at the time of a sale to a new owner for any business desiring to change the business from its current operation to another type of business operation, with the Marine & Aviation Director or his designee's approval of the change, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby accepts and approves authorizing clarifying of when a transfer fee is imposed during the sale of a commercial business, including; Postponing the transfer fee for current tenants when selling the business to a new tenant that will be maintaining the current business operation to be readdressed at the time of the making of the new Marina Business Plan in 2008, Instituting a three year transfer fee at the time of a sale to a new owner for any business desiring to change the business from its current operation to another type of business operation, with the Marine & Aviation Director or his designee's approval of the change, now, therefore, Section 2. This resolution shall take effect immediately upon adoption. Resolution No. 05-29 PASSED AND ADOPTED this Approved as to form: Bryan D. Ruff Assistant City Attorney day of ,2005. Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 2 Resolution No.05-29 City Council _"".....""...".~.!!,!.,.".~rMe~~~!.I'!..~~ffim......"'_......,........,., YYlR-d \6).v ~~ u~ Tracking Number: 1,407 Actual Date: 07/21/2005 Subject / Recommendation: Adopt Resolution 05-31, authorizing Supplemental Agreement #1 to an existing JPA approved in March 2005 to complete the New Modular Terminal/Fixed Base Qperation Building at Clearwater Airpark, increasing Department and Agency funding by $66,000.00 and authorize the appropriate officials to execute same. Summary: The Florida Department of Transportation (FDQT) has agreed to increase reimbursable funding for the acquisition and installation of a New Modular Terminal/Fixed Base Qperation Building at Clearwater Airpark, 1000 North Hercules Avenue by $66,000.00, to add the cost for upgrading the building roof and site preparation work. The FDQT will contribute $52,800.00 (80%) of the increase and the City will cover the remaining $13,200.00 (20%). The FDQT is authorizing approval to spend FY07 FDQT funds, $52,800.00 (80%) now, but postpone reimbursement of these funds until July 1, 2006. A Third Quarter budget amendment will transfer $13,200.00 (20%) of Marine & Aviation revenue from capital improvement project 93496, Marine Facilities Dredging & Maintenance, to capital improvement project 94838, Airpark FBQ Building. A second Third Quarter amendment will increase the grant funding in project 94838 by $52,800. The original JPA approved March 17, 2005 was in the amount of $187,500 with the FDQT providing $150,000 (80%) and the City providing $37,500 (20%). The total project cost for this JPA is now $253,500. Qriginating: Marine and Aviation Section Qther items on City Manager Reports Category: Agreements/Contracts - with cost Number of Hard Copies attached: 1 Public Hearing: No Financial Information: ~ Capital Expenditure Bid Required? No Bid Exceptions: Qther Qther Contract? FDQT JPA No. 41.243119401 ANW13 Supplemental #1 In Current Year Budget? Yes ~"'-ater u~ City Council Cover Memorandum Budget Adjustment: Yes Budget Adjustment Comments: Transfer funds from CIP 93496 into new CIP 94838. Current Year Cost: $66,000.00 Annual Qperating Cost: $0.00 For Fiscal Year: 04/01/2005 to 09/30/2006 Total Cost: $66,000.00 Review Approval Bill Morris 07-11-2005 10:45:34 Cvndie Goudeau 07-15-2005 13:37:07 Tina Wilson 07-11-2005 14:47:37 Bill Horne 07-15-2005 11:34:12 Bryan Ruff 07-11-2005 16:01: 16 RESOLUTION NO. 05-31 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING A SUPPLEMENTAL AGREEMENT #1 TO COMPLETE THE JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, FOR A NEW MODULAR TERMINAL/FIXED BASE OPERATJON BUILDING AT CLEARWATER AIRPARK INCREASING DEPARTMENT AND AGENCY FUNDING BY $66,000.00 AS A RESULT OF ADDED COST FOR UPGRADING THE BUILDING ROOF AND SITE PREPARATION WORK; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (FDOT) has agreed to provide funding towards the added cost for upgrading the building roof and site preparation work for the New Modular Terminal/Fixed Base Operation Building at Clearwater Airpark under Joint Participation Agreement FM No. 41243119401, Contract No. ANW13, a copy of which is attached hereto as Exhibit "A": now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. The City Council hereby accepts and approves the Supplement #1 to Joint Participation Agreement between the City and the State of Florida Department of Transportation, FM No. 41243119401, Contract No. ANW13 to complete a New Modular Terminal/Fixed Base Operation Building at Clearwater Airpark. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of 2005. Frank V. Hibbard Mayor Approved as to form: Attest: Cynthia E. Goudeau City Clerk Bryan D. Ruff Assistant City Attorney Resolution No, 05-31 City Council Cover Memorandum C,A- 17 \ ~(;. \ Tracking Number: 1,404 Actual Date: 07/21/2005 Subject / Recommendation: Pass Qrdinance 7447-05 on first reading, amending Chapter 2, Division 3, the Ethics Code, to conform with the Florida state Ethics Code. Summary: Florida Statutes Section 112.311 et. seq., constitutes the Florida Code of Ethics for Public Qfficers and Employees. For ease of use and to promote consistency, this ordinance will amend the Code to comply with the requirements of the state Ethics Code. Qriginatina: City Attorney Section: City Attorney Reports Cateaorv: Code Amendments, Qrdinances and Resolutions Public Hearing: No Advertised Dates: 07/24/2005 Financial Information: Review Approval Pam Akin 06-22-2005 13:25:31 Cvndie Goudeau 07-05-2005 15:35:12 K?> CA-ll ORDINANCE NO. 7447-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING TO THE CODE OF ETHICS TO CONFORM TO THE STATE ETHICS CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Code of Ethics of the City of Clearwater is currently inconsistent with the Florida Code of Ethics for Public Officers and Employees; and WHEREAS, it is in the best interests of the City to promote consistency for ease of interpretation of Ethics Code requirements; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Chapter 2, Division 3., Code of Ethics, is hereby amended as follows: Sec. 2.301. Code of Ethics. The Florida Code of Ethics for Public Officers and Employees. provided by qenerallaw, shall have full effect upon all employees and officeholders under the City of Clearwater's municipal government. Sec. 2.302. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: City employee means any person employed by the city or any of its departments, agencies, commissions, authorities or boards, whether on a full- or part-time basis. City officer means any person elected or appointed to any public office or public body of the city, whether paid or unpaid and whether part- time or full-time. Sec.2.30e3. Disclosure of interest. In any manner pending before a city employee or city officer or the governmental body with which the officer or employee is associated, where such officer or employee or a member of his immediate family or a business partner of such officer or employee has a financial interest, direct or indirect, personal or business, but distinct from the interest of the general public, the city officer or city employee shall, prior to any deliberation on the matter, publicly disclose the Ordinance No, 7447-05 nature and extent of such interest in the official records of the governmental body before which the matter is pending. (Code 1980, 9 23.06) Sec. 2.307. Incomp3tible employment. No city officer or city employee shall engage in private employment with or render services for any person or business entity currently having business trans3ctions with 3ny city government31 body unless he first sh311 have m3de full public disclosure of the nature and extent of such proposed employment or services, and h3s secured the approval therefor of the city commission, in the C3se of city officers, or of the appointing authority, in the C3se of city employees. That portion of the standard of conduct imposed by this section relating to prior 3pproval shall not apply to elected city officers and city board members. 8ec.2.3084. Former city officer or city employee conducting business with public body. No former city officer or city employee shall represent a person or business entity for compensation on any matter before the government body with which he has been associated for two years after he leaves that body. Sec. 2.309. Disclosure statement. (1) In addition to the disclosure requirements under F.S. ~ 112.3115, the mayor commissioner, the city commissioners, the city manager, all assistant city man3gers, 311 administr3tive assistants to the city m3n3ger, the city 3ttorney, all assistant city 3ttorneys, 011 dep3rtment 3nd division he3ds, the right of way 3gent, and employees engaged in doing municipal purch3sing shall prepare 3nd file 'Nith the city clerk, in 3ffid3vit form, 3 disclosure st3tement cont3ining 3 listing of, without reference to amount, each individual source of income, including trusts, of the p3rties named in this section, each person's spouse and minor children if any; 3ny interest held by 3ny of the individu31s named in this section in any business whether it be a partnership, corpor3tion, proprietorship or holding company; 311 real property whether owned in 'Nhole or in part in tho st3te by the individuals n3med in this section or their spouses; and all1i3bilities, individually or jointly, of the individu31s named in this section 3nd their spouses in excess of $1,000.00, excluding therefrom 3 home mortgago, motor vehicle or boat mortg3ge and any ret3il ch3rge 3ccounts. (2) Every city officer or city employee, required by this section to file 3 disclosure statement, sh311 file such st3tement relative to the previous calendar year no later th3n 12:00 noon of July 15 of e3ch ye3r, including the July 15 following the last year he is in office. The first statement required by this section shall be filed \....ithin 15 days of the date this division becomes effective. Succeeding Ordinance No, 7447-05 statements shall be filed on the date set out in this section. Every city officer or city employee, mentioned in subsection (1) of this section who is appointed sh311 file the required disclosure statement 'Nithin 30 d3Ys 3fter the d3te of appointment. (3) In 3ddition to 3ny other penalty provided in this division, if any individual design3ted by this section f3ils to comply '....ith this section, such failure sh311 be deemed nonfeasance in office. (-1) The disclosure st3tements required by this section shall be public records within the meaning of F.S. ~ 119.011. Sec. 2.310. Civil remedy aV3il3ble. (1) Violation of any of the provisions of this division, including but not limited to 3ny failure to file disclosures, in addition to any criminal pen31ty shall subject the violator to 3 civil pen31ty not to exceed $5,000.00 or restitution of 3ny pecuni3ry benefits received bec3use of the violation committed. (2) The civil penalty provided for in this section shall be recoverable by 3nd shall accrue to the city in 3 civil action brought by the city. Sec. 2.305. Offers of Gifts or Gratuities. Employees will accept only authorized compensation for the performance of their duties and will respectfully decline any offers of qifts or qratuities from any entity doinq business with the City of Clearwater. The standard of conduct imposed by this subsection shall not apply to invitations or courtesies extended to employees on a qroup basis. Sec. 2.306. Penalty for Violation. The penalty for violation of the Code of Ethics shall be as provided by qeneral law. The City Council may, by resolution, provide for procedures by which a covered public official or employee may be removed from office for violation of the above-mentioned Code of Ethics, 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 Ordinance No, 7447-05 Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Ordinance No, 7447-05 ~-- City Council ~"m,.,,,,,,~~"!,,.,,~over l\t!e!'1oraJ!.~,.~~~ c..A-LB \S~d Tracking Number: 1,405 Actual Date: 07/21/2005 Subject / Recommendation: Pass Qrdinance 7448-05 on first reading, amending Article VIII, Chapter 2, Code of Qrdinances regarding definitions and requirements for lobbyists, to conform with the Pinellas County Code. Summarv: The current requirements for lobbyists under the City Code are inconsistent with Pinellas County Code Chapter 26, Article IX. To promote consistency and for ease of interpretation, the City's code should be amended to be consistent with Pinellas County's Code. Qriginating: City Attorney Section: City Attorney Reports Cateaory: Code Amendments, Qrdinances and Resolutions Public Hearina: No Advertised Dates: 07/24/2005 Financial Information: Review Aooroval Pam Akin 06-22-2005 13:26: 10 Cvndie Goudeau 07-06-2005 11:21:29 Ka.,.. \3.~~ ORDINANCE NO. 7448-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO LOBBYISTS; AMENDING ARTICLE VIII, CHAPTER 2, CODE OF ORDINANCES TO AMEND DEFINITIONS AND REQUIREMENTS FOR LOBBYISTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Code regarding lobbyists is currently inconsistent with the Pinellas County Code; and WHEREAS, it is in the best interests of the City to promote consistency for ease of interpretation of Code requirements; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1, Article VIII, Chapter 2, Code of Ordinances is hereby amended as follows: ARTICLE VIII. REGISTRATION OF LOBBYISTS Sec. 2.700. Definitions. [For the purposes of this article, certain terms shall have the meanings ascribed to them in this section, unless the context clearly indicates otherwise.] Compensation means any payment received or to be received by a lobbyist for the performance of lobbying activities. The compensation is a fee, salary, retainer, forbearance, forgiveness or any combination thereof. Expenditure means a payment, distribution, loan, advance, reimbursement, deposit or anything of value made by a lobbyist or a principal for the purpose of lobbying, Lobbying means meeting privately with a member of the City Council, for the purpose of encouraging the passage, defeat or modification of any item pending before the City Council. Lobbyist means any person who for compensation engages in lobbying as defined in this article. Principal means the person, firm, corporation or other entity which has retained or employed a lobbyist. Sec. 2.701. Registration. Alllobbyist2 shall sign in, at the time of the lobbying, in a notebook for that purpose in the City Council reception area, Annually, they shall also register on a registry of lobbyists maintained and available for public inspection in the Office of Records and Legislative Services, on or before January 1 of each year following the lobbying activity. The lobbyist shall provide his or her name, business address, the name and business address of each principal represented, the general and specific areas of legislative intent, and the nature and extent of any direct business association or partnership with any current member of the Council. The City Clerk shall provide forms on which the lobbyists may supply the aforesaid information. In the event any lobbying meeting as defined herein occurs outside of City offices in Clearwater, the lobbyist shall register on or before January 1 of each year following the lobbying activity. Sec. 2.702. Reserved. Sec. 2.703. Statement of lobbying expenditures. 8 lobbyist shall annually on or before January 1 of each year submit to the city clerk a signed statement under oath listing all lobbying expenditures for the preceding calendar year, the source of the funds and an itemization as to the amount expended for each councilmember, board mombor ~md consultant by each registered lobbyist. The statement shall be made on forms provided by the City Clerk. The City Clerk shall maintain the expenditure statements in a book or file which shall be open for public inspection. On January.1 of each year, the Clerk shall notify any registered lobbyist who has failed to file the required report. Any lobbyist who has further failed to file by February 1, in additions to any other penalty provided for herein, shall not be permitted to reregister as a lobbyist or to engage in any further lobbying activities. Sec. 2.704. Exceptions. (a) The following persons shall not be required to register: (1) An elected official or government employee acting in his official capacity or in connection with his job responsibilities. (2) A person who appears at the specific request or under compulsion of the council, board or staff member; (3) Expert witnesses or other persons who give testimony about a particular matter or measure but do not advocate passage or defeat the matter or measure or any amendment thereto. (4) Any person who appears at a public hearing or administrative proceeding or quasi- judicial proceeding before the City Council, any board or staff member and has no other communication on the matter or subject of the public hearing, administrative hearing or quasi-judicial proceeding. (5) Any person in contractual privity with the city who appears only in his or her official capacity. (b) This article shall not apply to discussion or negotiations on matters in litigation. Sec. 2.706. Violations. 2 Ordinance No, 7448-05 (a) A first violation of the provisions of this article shall result in the issuance of a warning by the city attorney's office. The penalties for subsequent violations are as provided in section 1.12 of the Code of Ordinances of the City of Clearwater. (b) The validity of any action or determination of the commission, board or staff shall not be affected by the failure of any person to comply with the provisions of this article. 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: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk 3 Ordinance No, 7448-05 /7J.3 ~~ u~ City Council ,~genc!a,."",~~v~r M_emO'~~!!'c!'!:!!!!"""'_"'"''M''''''' Tracking Number: 1,485 Actual Date: 07/21/2005 Subject / Recommendation: Adopt Resolution No. 05-35, supporting the levy of the 5th cent tourist development tax dedicated exclusively to promoting and advertising tourism; providing an effective date. Qriginating: City Attorney Section City Attorney Reports Category: Other Financial Information: ~ Qther Review Approval Cvndie Goudeau 07-21-2005 13:27:52 RESOLUTION NO. 05-35 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, SUPPORTING THE LEVY OF THE 5TH CENT TOURIST DEVELOPMENT TAX DEDICATED EXCLUSIVELY TO PROMOTING AND ADVERTISING TOURISM; PROVIDING AN EFFECTIVE DATE. WHEREAS, the tourism industry plays a critical role in the economy of Pinellas County, Florida and in 2004 there were in excess of 5,000,000 overnight visitors that had a total economic impact on the Pinellas County economy of $5.6 billion; and WHEREAS, promoting and advertising tourism in Florida, nationally, and internationally is critical to the continued growth and viability of the tourism industry in Pinellas County; and WHEREAS, Section 125.0104(3)(n), Florida Statutes, authorizes the imposition of a fifth cent tourism development tax by a majority plus one vote of the Board of County Commissioners; and WHEREAS, the City of Clearwater recommends the imposition of a fifth cent tourism development tax, which would allow for the possible reallocation of funds currently being used for promoting and advertising tourism to fund other special projects such as public art; and WHEREAS, the Pinellas County Tourist Development Council has prepared and recommended an amendment tot the tourist development plan providing for the levy of the fifth cent to be used exclusively for promoting and advertising tourism in the State of Florida, nationally and internationally, and recommended that the Board of County Commissioners levy the fifth cent tourist development tax now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the City of Clearwater request the Board of County Commissioners to approve the levy of the fifth cent Tourism Development Tax dedicated exclusively to promoting and advertising tourism. Section 2, This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2005. Frank V. Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Resolution No. 05-35