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10/06/2005 ..~ "II! ~ . .' ~:,'... - . City Council Agenda Date: 10/06/2005 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 Presentation - Gift to the City by Jim Smith 5.2 Proclamation - Put the Brakes on Fatalities Day - October 10, 2005 6 Approval of Minutes 6.1 September 15, 2005 7 Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 8 Administrative public hearings - None 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 Annexation, Land Use Plan Amendment from the County Residential Suburban (RS) and Preservation (P) Categories to the City Residential Suburban (RS) and Preservation (P) Categories and Zoning Atlas Amendment from the County RR, Rural Residential District to the City Low Density Residential (LDR) and Preservation (P) Districts for 2695 Second Avenue S. (Portions of Chautauqua Lake Estates in Section 32, Township 28 South, Range 16 East); and Pass Ordinances 7486-05 & 7487-05 and 7488-05 on first reading. (ANX2005-04015) 10 Second Readings - public hearing 10.1 Adopt Ordinance 7514-05 on second reading, relating to the Beautification Committee, amending Section. 2.102, Code of Ordinances, to reduce the number of members from seven to five. 10.2 Adopt Ordinance 7516-05 on second reading, vacating the five foot drainage and utility easement lying along the platted west property line of Lot 11, Block 48, Mandalay Subdivision. 10.3 Adopt Ordinance 7501-05 on second reading, annexing certain real property whose post office address is 1753 Grove Drive, into the corporate limits of the city, and redefining the boundary lines of the city to include said addition. 10.4 Adopt Ordinance 7502-05 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 1753 Grove Drive, upon annexation into the City of Clearwater, as Residential Low. 10.5 Adopt Ordinance 7503-05 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 1753 Grove Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 10.6 Adopt Ordinance 7504-05 on second reading, annexing certain real property whose post office address is 1501 Country Lane East into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 10.7 Adopt Ordinance 7505-05 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 1501 Country Lane East, upon annexation into the City of Clearwater, as Residential Low and Water/Drainage Overlay. 10.8 Adopt Ordinance 7506-05 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 1501 Country Lane East, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR) and Preservation (P). 10.9 Adopt Ordinance 7507-05 on second reading, annexing certain real property whose post office address is 1644 Bellrose Drive North, into the corporate limits of the city, and redefining the boundary lines of the city to include said addition. 10.10 Adopt Ordinance 7508-05 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 1644 Bellrose Drive North, upon annexation into the city, as Residential Low. 10.11 Adopt Ordinance 7509-05 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 1644 Bellrose Drive North, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 10.12 Adopt Ordinance 7517-05 on second reading, making Third Quarter amendments to the operating budget for the fiscal year ending September 30, 2005. 10.13 Adopt Ordinance 7518-05, making third quarter amendments to the CIP budget for fiscal year ending September 30, 2005 10.14 Adopt Ordinance 7489-05 on second reading, amending the City of Clearwater Community Development Code to establish a Public Art and Design program. City Manager Reports 11 Consent Agenda 11.1 Approve the renewal of the license with the Federal Aviation Administration (FAA) for the operation and maintenance of a Visual Approach Slope Indicator (VASI) at the Clearwater Airpark and authorize the appropriate officials to execute same. (Consent) 11.2 Approve Amendment to Agreement with Progress Energy Florida, Inc. to provide a sidewalk across the Progress Energy right-of-way at Countryside Community Park and authorize the appropriate officials to execute same. (Consent) 11.3 Accept two prescribed Water Main and Utility Easements containing a total of 8,008 square feet, more or less, over and across a portion of Section 14, Township 29 South, Range 15 East, and a Sidewalk Easement containing 39 square feet, more or less, over and across a portion of Lot 6, Block A, DRUID GROVES, all conveyed by The Salvation Army in consideration of receipt of $1.00 and the benefits to be derived therefrom. (Consent) 11.4 Approve the final plat for "PALM BLUFF PRESERVES" located at 300 Palm Bluff Street being the Northwest corner of Osceola Avenue and Palm Bluff Street. (Consent) 11.5 Approve the final plat for "HAROLD COURT TOWNHOMES" located at 608 Harold Court. (Consent) 11.6 Approve the final plat for "HAYNES SUBDIVISION" located at 535 Woodlawn Street at the Northwest corner of Woodlawn Street and Sadlon Avenue. 11.7 Approve a contract with Christopher S. Dailey to purchase real property described as PINE CREST SUBDIVISION, Block 6, Lot 10 and the West % of vacated alley on the East for $180,000, plus estimated miscellaneous expenses and demolitions costs not to exceed $3,500, and authorize appropriate officials to execute same. (Consent) 11.8 Award a contract for the construction of the Aquifer Storage and Recovery Exploratory Well (04-0046-UT) to Rowe Drilling, Co. of Tampa, Florida for the sum of $214,478.00 which is the lowest responsible bid received in accordance with the plans and specifications, and that the appropriate officials be authorized to execute same. (Consent) 11.9 Approve the lnterlocal Agreement with Pinellas County to extend the Local Option Gas Tax for an additional ten (10) years for the period of September 1, 2007 through August 31, 2017 and authorize the appropriate officials to execute same. (Consent) 11.10 Approve the Mayor's reappointment of Robert Aude to the Clearwater Housing Authority with the term expiring on September 30, 2009. 11.11 Reappoint James D. Appelt to the Parks and Recreation Board with the term expiring on October 31, 2009. 11.12 Reappoint Jay Keyes to the business person category of the Municipal Code Enforcement Board with the term expiring on October 31 , 2008. 11.13 Approve Council Rules of Procedure and Policies 11.14 Appoint Vice-Mayor Jonson to serve on the 1906 Committee with the term ending September 1, 2006. Purchasing 11.15 Angelo's Aggregate Materials - Award a contract for the disposal of construction materials and demolition debris during the contract period October 7, 2005 through November 30, 2006, at a cost not to exceed $850,000. 11.16 Ringhaver Equipment Co. - Three (3) Caterpiller Model 938G wheeled construction payloaders for $518,922. 12 Other items on City Manager Reports 12.1 Adopt Resolution 05-41, which endorses the application for Project 082605 and commits the City of Clearwater to refund 10% of the eligible tax refund upon certification by Enterprise Florida. 12.2 Adopt Resolution 05-30 and approve the State of Florida Department of Transportation contract renewal for sweeping State roadways as outlined in the Maintenance Agreement, State Job No. 41695417201 N/A and that the appropriate officials be authorized to execute same. 12.3 Approve Co-sponsorship Agreement and waiver of requested City fees and service charges for FY 2006/07 between the City and World Triathlon Corporation to conduct the inaugural Ford lronman 70.3 World Championships in Clearwater, Florida for an estimated gross cost of $84,195 for the purposes of departmental budget submittals and authorize the appropriate officials to execute same. 12.4 Accept a perpetual Sidewalk and Utility Easement containing 120 square feet, more or less, over and across a portion of Lot 1, Block B, BAYSIDE SUBDIVISION NO.5, conveyed by Center Family, L TD, a Florida limited partnership, in consideration of receipt of $1.00 and the benefits to be derived therefrom. 12.5 Approve the 2006 State Legislative Package. 12.6 Appoint one member to the Municipal Code Enforcement Board with the term expiring on October 31, 2008. 12.7 Authorize the negotiation of a contract for health insurance with United HealthCare under a fully insured funding arrangement for the contract period of January 1, 2006, to December 31, 2006, at a total not to exceed cost of $15,450,000 which includes estimated City ($10,400,000), employee ($3,730,000), and retiree/COBRA/Out-of-Area ($1,320,000) premiums, and continue with the 3rd year of a 3 year contract with Bradman/Unipsych for the mental health/substance abuse and EAP coverage contract for 2006 at an estimated cost of $205,000 ($184,000 for current employees and $21,000 for retirees and COBRA), maintaining the City's current funding strategy. 12.8 Adopt Resolution 05-47 requesting the Florida Division of Alcoholic Beverages and Tobacco issue a special license for alcohol consumption on the premises of the Harborview Center and requesting that the license be transferred to Global Spectrum, L.P. 13 City Attorney Reports 14 City Manager Verbal Reports 15 Council Discussion Items 15.1 Trimming Mangroves 15.2 Community Development Code use of "adjacent," "abutting" and "immediate vicinity." 15.3 Community Development Board's termination of non-conformity. 15.4 Public Restrooms in Neighborhood Parks 16 Other Council Action 17 Adjourn >- u. o >- From: o Interoffice Correspondence Sheet Mayor and Council members //" /=-~ Cyndie Goudeau, City Cler~ Bill Horne, City Manager; Garry Brumback, Asst. City Manager; Rod Irwin, Asst. City Manager; Pam Akin, City Attorney October 4, 2005 To: CC: Date: RE: Revisions to Agenda Packet for October 6,2005 The following changes/additions are provided: . Agenda, 10-06-05 - Agenda provided. . Minutes from 09-15-05 Council Meeting - Minutes Provided. . Item 11.11 - Reappoint James D. Appelt to the Parks and Recreation Board with the term expiring on October 31,2009 - New cover memo provided. . Item 11.12 - Reappoint Jay Keyes to the business person category of the Municipal Code Enforcement Board with the term expiring on October 31, 2008 - New cover memo provided. . Item 11.13 - Approve Council Rules of Procedure and Policies - New cover memo and attachment provided. . Item 11 .14 - Appoint Vice-Mayor Jonson to serve on the 1906 Committee with the term ending September 1,2006 - New item, paperwork provided. . Item 11.16 - Ringhaver Equipment Co. - Three (3) Caterpiller Model 938G wheeled construction payloaders for $518,922 - New item, paperwork provided. . Item 12.3 - lronman Agreement - Agreement will not be available until Thursday. . Item 12.5 - Approve the 2006 State Legislative Package - New cover memo and attachment provided. . Item 12.6 - Appoint one member to the Municipal Code Enforcement Board with the term expiring on October 31,2008 - New cover memo and attachments provided. . Item 12.7 - Health Insurance Contract - Item on agenda, paperwork not provided and will not be available until Thursday. Memo to Council for 10-06-05 CC Mtg - revisions.doc >- u. o >- o Interoffice Correspondence Sheet From: Mayor and councilmembe(~ Cyndie Goudeau, City Cle~ Bill Horne, City Manager; Garry Brumback, Asst. City Manager; Rod Irwin, Asst. City Manager; Pam Akin, City Attorney To: cc: Date: October 6, 2005 RE: Revisions to Agenda Packet for October 6, 2005 The following changes/additions are provided: . Agenda, 10-06-05 - Rev. 1 - Provided. . Correction to 09-15-05 minutes - One page has minor corrections - Page provided. . Item 12.3 - Ironman Agreement memo stating of changes made to agreement - Memo will be provided at seats. . Item 12.4 - At the Work Session (10-03-05) a diagram was requested to view how the intersection of the easement from Center Family L TO was going to be made into 90 degrees - Diagram provided. . Item 12.6 - Appoint one member to the Municipal Code Enforcement Board with the term expiring on October 31, 2008 - Richard Adelson's application was added - Application and new cover memo provided. . Item 12.7 - Health Insurance Contract - Cover memo provided. . Item 12.8 - Adopt Resolution #05-47 requesting the Florida Division of Alcoholic Beverages and Tobacco to issue a special license for alcohol consumption on the premises of the Harborview Center and requesting that the license be transferred to Global Spectrum, L.P. - New item added to agenda and paperwork provided. . Item 15.1 - Council Discussion Item regarding the trimming of mangroves on the Memorial Causeway and what can be done with the Seagrapes - E-mail regarding this issue is provided. . Item 15.4 - Council Discussion Item regarding Public Restrooms in Neighborhood Parks -Item added to agenda and paperwork provided. Memo to Council for 10-06-05 CC Mtg - revisions.doc ?w--\ City Council ~genda CO,!~.~ tJI~~l!Iorand,!!" q~\ Tracking Number: 1,631 Actual Date: 10/06/2005 Subiect / Recommendation: Approve the Annexation, Land Use Plan Amendment from the County Residential Suburban (RS) and Preservation (P) Categories to the City Residential Suburban (RS) and Preservation (P) Categories and Zoning Atlas Amendment from the County RR, Rural Residential District to the City Low Density Residential (LDR) and Preservation (P) Districts for 2695 Second Avenue S. (Portions of Chautauqua Lake Estates in Section 32, Township 28 South, Range 16 East); and Pass Ordinances 7486-05 & 7487-05 and 7488-05 on first reading. (ANX2005-04015) Summarv: The Community Development Board (CDB) reviewed and recommended approval of this application on July 19, 2005. However, after the first City Council public hearing on August 15, 2005 it was noted that the Future Land Use Plan designation was listed incorrectly in the ordinance as Residential Single instead of Residential Suburban. This error has been corrected in the ordinance and the request was re-advertised. The CDB reviewed this at its meeting on September 20, 2005 and unanimously recommended approval. The subject property is located on the east side of Chautauqua Avenue, between 2nd Avenue S. and 3rd Avenue S. The applicant is requesting this annexation in order to receive sanitary sewer, water and solid waste service from the City in order to develop a residential subdivision. The property is contiguous to existing City boundaries to the north and west; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. The subject site is approximately 4.86-acres in area and is currently developed with a single-family dwelling. It is proposed that the property have Future Land Use Plan designations of Residential Suburban (RS) and Preservation (P) and zoning categories of Low Density Residential (LDR) and Preservation (P). The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: The proposed annexation will not have an adverse impact on public facilities and their level of service. The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. The proposed annexation is contiguous to existing City boundaries 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 (ANX2005-04015) report for the complete staff analysis. Originatina: Planning Section: Quasi-judicial public hearings Category: Annexations, Land Use Plan and Zoning Number of Hard Copies attached: 0 Public Hearing: Yes City Council Agenda Cover Memoral!~_~,m Advertised Dates: 09/20/2005 10/06/2005 10/20/2005 Financial Information: Review Approval Gina Clavton Leslie Douaall-Sides Bill Horne Gina Clavton Cvndie Goudeau Gina Clayton Garry Brumback 09-21-2005 14:56:40 09-22-2005 10:48:36 09-25-2005 07:56:00 09-21-2005 14:57:12 09-26-2005 11:13:52 09-22-2005 08:27:30 09-23-2005 12:56:41 ORDINANCE NO. 7486-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF CHAUTAUQUA AVENUE, BETWEEN SECOND AVENUE SOUTH AND THIRD AVENUE SOUTH, CONSISTING OF A PORTION OF BLOCK 37, UNIT NO.1, SECTION A, CHAUTAUQUA ON THE LAKE AND TWO UNPLATTED PARCELS WITHIN SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST, TOGETHER WITH THE ABUTTING RIGHTS- OF-WAY OF SECOND AVENUE SOUTH AND THIRD AVENUE SOUTH, WHOSE POST OFFICE ADDRESS IS 2695 SECOND AVENUE SOUTH, 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. (ANX2005-04015) 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. 7486-05 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. 7486-05 ORDINANCE NO. 7487-05 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 EAST SIDE OF CHAUTAUQUA AVENUE, BETWEEN SECOND AVENUE SOUTH AND THIRD AVENUE SOUTH, CONSISTING OF A PORTION OF BLOCK 37, UNIT NO.1, SECTION A, CHAUTAUQUA ON THE LAKE AND TWO UNPLATTED PARCELS WITHIN SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST, TOGETHER WITH THE ABUTTING RIGHTS- OF-WAY OF SECOND AVENUE SOUTH AND THIRD AVENUE SOUTH, WHOSE POST OFFICE ADDRESS IS 2695 SECOND AVENUE SOUTH, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL SUBURBAN AND PRESERVATION; 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 See legal description attached hereto (ANX2005-04015) Residential Suburban and Preservation 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. 7486-05. 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. 7487-05 Re.... \->L{J-\ ORDINANCE NO. 7488-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF CHAUTAUQUA AVENUE, BETWEEN SECOND AVENUE SOUTH AND THIRD AVENUE SOUTH, CONSISTING OF A PORTION OF BLOCK 37, UNIT NO.1, SECTION A, CHAUTAUQUA ON THE LAKE AND TWO UNPLATTED PARCELS WITHIN SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST, TOGETHER WITH THE ABUTTING RIGHTS-OF-WAY OF SECOND AVENUE SOUTH AND THIRD AVENUE SOUTH, WHOSE POST OFFICE ADDRESS IS 2695 SECOND AVENUE SOUTH, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW DENSITY RESIDENTIAL (LDR) AND PRESERVATION (P); 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 Legal description attached hereto (ANX2005-04015) ZoninQ District Low Density Residential (LDR) Preservation (P) 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. 7486-05. 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. 7488-05 ~~'. ~Lf) - \ CDB Meeting Date: Case Number: Owner/Applicant: Location: Agenda Item: September 20. 2005 ANX2005-04015 Rottlund Homes / Robert Pergolizzi 2695 2nd Avenue S. G2 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT UPDATE The Community Development Board (CDB) reviewed and recommended approval of this application on July 19, 2005. However, after the first City Council public hearing on August 15, 2005 it was noted that the Future Land Use Plan designation was listed incorrectly in the ordinance as Residential Single instead of Residential Suburban. This error has been corrected in the ordinance and the request has been re-advertised for CDB and City Council review. BACKGROUND INFORMATION REQUEST: (a) Annexation of 4.86-acres of property and 0.64 acres of abutting 2nd Avenue S. and 3rd Avenue S. rights-of-way to the City of Clearwater; (b) Future Land Use Plan amendment from Residential Suburban (RS) and Preservation (P) Categories (County) to Residential Suburban (RS) and Preservation (P) Categories (City of Clearwater); and (c) Rezoning from RR, Rural Residential District (County) to Low Density Residential (LDR) District and Preservation (P) (City of Clearwater). SITE INFORMATION: PROPERTY SIZE: 211,702 square feet or 4.86 acres (200 feet wide by 900 feet deep) PROPERTY USE: Current Use: Proposed Use: Single-family dwelling and vacant Single- family dwellings Staff Report - Community Development Board - September 20,2005 - Case ANX2005-04015 Page 1 PLAN CATEGORY: Current Category: Proposed Category: Residential Suburban (RS) and Preservation (P) (County) Residential Suburban (RS) and Preservation (P) (City) ZONING DISTRICT: Current District: Proposed Districts: RR, Rural Residential (County) Low Density Residential (LDR) and Preservation (P) (City) SURROUNDING USES: North: Single-family residential (under construction) South: Vacant East: Lake Chautauqua West: Dimmit Car Dealership ANALYSIS: This annexation involves a 4.86-acre property consisting of four parcels located on the east side of Chautauqua Avenue, between 2nd Avenue S. and 3rd Avenue S. The property is contiguous to existing City boundaries to the north and west; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. It is proposed that the abutting 2nd Avenue S. and 3rd Avenue S. rights-of-way not currently within the City limits also be annexed. The applicant is requesting this annexation in order to receive water, sanitary sewer and solid waste service from the City. It is proposed that the property be assigned Future Land Use Plan designations of Residential Suburban (RS) and Preservation (P), and a zoning category of Low Density Residential (LDR). I. IMPACT ON CITY SERVICES: Recommended Findings of Fact Water and Sewer The applicant receives water service from the City of Clearwater on the one developed parcel. The remaining vacant parcels will be provided with water service from the City of Clearwater when developed. Sanitary sewer 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 Chautauqua Avenue right-of-way. The applicant will pay the City's water and sewer impact fees and assessment fees when the site is developed, and is aware of the additional costs to extend City water and sewer service to this property. Solid Waste Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal agreement with Pinellas County to provide for the disposal of solid waste at the County's Resource Recovery Plant and capacity is available to serve the property. Staff Report - Community Development Board - September 20,2005 - Case ANX2005-04015 Page 2 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. Fire and Emergency Medical Services Fire and emergency medical services will be provided to this property by Station #50 located at 2681 Countryside Boulevard. 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 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 Suburban (RS) and Preservation (P). It is the purpose of the RS category to depict those areas of the County that are now developed, or appropriate to be developed, in a suburban, low density residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the suburban, 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 (2.5) dwelling units per acre. Secondary uses include Residential Equivalent; Institutional; Transportation/Utility; Public Educational Facility; Ancillary Non-Residential and Recreation/Open Space. It is the purpose of the P category to depict those areas of the County that are now characterized, or appropriate to be characterized, as a natural resource feature worthy of preservation; and to recognize the significance of preserving such major environmental features and their ecological functions. Primary uses in this category include Open and undeveloped consistent with natural resource features and considerations as designated on applicable local government comprehensive plans; and such additional areas determined to have environmental significance and recognized in the applicable local government comprehensive plan. Secondary uses include Use characteristics provided for and located in adjoining FLUP categories, which are accessory to or are the incidental extension of the permitted adjoining use. The proposed annexation is consistent with and promotes the following objective of the City of Clearwater Comprehensive Plan: Staff Report - Community Development Board - September 20, 2005 - Case ANX2005-04015 Page 3 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 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 RR, Rural Residential District in Pinellas County. The applicant proposes to rezone the property to the Low Density Residential District (LDR) and Preservation (P). Under the current LDR zoning district provisions, a minimum lot width of 100 feet and a minimum lot area of 20,000 square feet are required. The subject site is 200 feet wide and 211,702 square feet in lot area. The wetland area on the eastern portion of the site will be designated Preservation (P). Recommended Conclusions of Law The subject property exceeds the City's mInImum LDR 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 Suburban (RS) and Preservation (P) with a maximum density of 2.5 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. Staff Report - Community Development Board - September 20,2005 - Case ANX2005-04015 Page 4 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 north and west 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. 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. One of the parcels already receives water service from the City of Clearwater. The proposed annexation is consistent with both the City's Comprehensive Plan and is consistent with Pinellas County Ordinance No. 00-63 regarding voluntary annexation. Based on the above analysis, recommended findings of fact and conclusions of law, the Planning Department recommends the following actions on the request: (a) Recommend APPROVAL of the annexation of 4.86-acres and 0.64 acres if abutting 2nd Avenue S. and 3rd Avenue S. right-of-way to the City of Clearwater; (b) Recommend APPROVAL of the Residential Suburban (RS) and Preservation (P) Future Land Use Plan classifications; and (c) Recommend APPROVAL of the Low Density Residential (LDR) and Preservation (P) zoning classifications pursuant to the City's Community Development Code. Staff Report - Community Development Board - September 20, 2005 - Case ANX2005-040 15 Page 5 Prepared by Planning Department Staff: Gina L. Clayton, Assistant Planning Director Attachments: Application Location Map Aerial Photograph Proposed Annexation Future Land Use Map Zoning Map Surrounding Uses Map Site Photographs s: IPlanning DepartmentlC D BlAnnexationslANX - 2005IANX2005-04015 2695 2nd Ave S Rottlund Homes1ANX2005-04015 staff report 09-20-05 update. doc Staff Report - Community Development Board - September 20, 2005 - Case ANX2005-04015 Page 6 Location Map Owner Rottlund Homes Case: ANX2005-04015 Site: 2695 2nd Avenue S. Property Size (Acres): R-D-W Size (Acres): 4.86 0.64 PIN: 32-28-16-00000-310-0400 32-28-16-14922-037-0010 32-28-16-14922-037-0080 32-28-16-00000-310-0500 244A Land Use Zoning From: RS & P [County} RR (County) To: RS & P (City) LDR & P (City) A tlas Page: Aerial Photograph Owner Rottlund Homes Case: ANX2005-04015 Site: 2695 2nd Avenue S. Property Size (Acres): R-C>-W Size (Acres): 4.86 0.64 PIN: 32-28-16-00000-310-0400 32-28-16-14922-037-0010 32-28-16-14922-037-0080 32-28-16-00000-310-0500 Land Use Zoning From: RS & P [County) RR (County) To: RS & P [City) LDR & P (City) Atlas Page: 244A ,- I I I r---"'~ I I I I I I I I I , I I I J L J "1 I I I J ~__-l I I I I I I I ---I I I I I I I I I I I I 1 r-I L_t L__~ ~ ~ ~ I-I 0' J \ 25191 r----l ::::I I I I I ~ I I I 1::::1 I I I I oq; I__.:l : l:t: l_____J 0 r--I _______ I, "\__.r--""L_.... l() ~ Proposed Annexation Map Owner Rottlund Homes Case: ANX2005-040 1 5 Site: 2695 2nd Avenue S. Property Size (Acres): 4.86 R-Q-W Size (Acres): 0.64 Land Use Zoning 32-28-16-00000-310-0400 PIN: 32-28-16-14922-037-0010 From: RS & P (County) RR (County) 32-28-16-14922-037-0080 32-28- 1 6-00000-310-0500 To: RS & P (City) LDR & P (City) Atlas Page: 244A r I I I r---r... I I I I I I I I I , I I I J L J '1 I I I J I-- I I I I I I ---I I I I I I I I I I I I 1 r-I L_J L__~ CL ~ .q: ~ I-I () I ~ 25191 r----i ::':) I I I I ~ I I : I ::':) I I I I .q; I__..:l I I :t l_____J 0 r--I _______ I, 2285 ~ ;2; 2279 ~ ~ 0> '" .... 10 <0 <0 ~ 1Il ~ 1Il .... 1Il RS r-, L__.J RIDS 10 ~ '" Future Land Use Map Owner Rottlund Homes Case: ANX2005-04015 Site: 2695 2nd Avenue S. Property Size (Acres): R-Q-W Size (Acres): 4.86 0.64 From: To: Land Use 32-28-16-00000-310-0400 32-28-16-14922-037-0010 32-28-16-14922-037-0080 32-28-16-00000-310-0500 Zoning PIN: RS & P [County} RR (County) RS & P [City} LDR & P (City) Atlas Page: 244A ,- I I I r---,...... I I I I I I I I I I I I I I I I I I , I I I I I 1 I J ~__.J \ I - I I I I I I I I I J I ---1 I I I I I I I I I I \ '-I 1 L_i' L__J c I-I I ~ 25191 '----1 I I I I I 1 I I I 1 I I I I I I I I I I__'=: I I I I L_____J r--I ------- 11 2285 ... <0 ~ ~ ~ .... ~ ;:; ~ <0 '" LMDR r-I L__~ OS/R '" Ie '" Zoning Map Case: ANX2005-04015 Owner Rottlund Homes Site: 2695 2nd Avenue S. Property Size (Acres): R-Q-W Size (Acres): 4.86 0.64 From: To: Land Use Zoning 32-28-16-00000-310-0400 32-28-16-14922-037-0010 32-28-16-14922-037-0080 32-28-16-00000-310-0500 PIN: RS & P (County) RR (County) RS & P (City) LDR & P (City) Atlas Page: 244A r 1 I 1 r---"... I 1 1 1 1 1 1 1 I , I I I J L J 'j 1 1 1 J ~__.J 1 1 1 1 1 1 I ---, 1 1 1 1 1 1 1 1 1 1 , I 1 r-I L_( L__ ~ ~ ~ I-I 0 1 \ 25191 '-----1 ;:) 1 I I I ~ I: I I;:) 1 I 1 1 <( 1__..) I l:t l_____J (,) r--' ------- 'I "\__.r---:...__ 2285 2279 ~ ~ ~ Ol '" ~ ~ Vacant Lot Car Dealer Parking Lot r-I l__.J '" :e '" Existing Surrounding Use Map Owner Rottlund Homes Case: ANX2005-040 15 Site: 2695 2nd Avenue S. Property Size (Acres): 4.86 R-0-W Size {Acres): 0.64 Land Use Zoning 32-28-16-00000-310-0400 PIN: 32-28-16-14922-037-0010 From: RS & P (County) RR (County) 32-28-16-14922-037-0080 32-28-16-00000-310-0500 To: RS & P (City) LDR & P (City) Atlas Page: 244A iooking south along Chautauqua .-\ \ ('nul" ti'~ ~ " lookll1g northeast at Sill.' from Chautauqua A \ CIlUt looking north at site from yd \ \C'tlue S Jew looklllg east ;it sIte il.om Chautauqua Avenue. .i V le\\ looking Ilortlm est from yd A H?I1Ue S. ROTTLlJND HOl\lES PROPERTY. ANX2005-04015 2695 2nd A venue S. uA-\ ~h! u~ City Council _,_",Mlendj!_ Co~er M~,,~,Q,~,!.nd '!!,!!t..,w__wo"" \() 0 \ Tracking Number: 1,609 Actual Date: 10/06/2005 Subject / Recommendation: Adopt Ordinance 7514-05 on second reading, relating to the Beautification Committee, amending Section. 2.102, Code of Ordinances, to reduce the number of members from seven to five. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 09/25/2005 Financial Information: Review Approval Pam Akin 09-13-2005 16:06: 18 Cvndie Goudeau 09-21-2005 14:02:55 ORDINANCE NO. 7514-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE BEAUTIFICATION COMMITTEE, AMENDING SECTION 2.102, CODE OF ORDINANCES, TO REDUCE THE NUMBER OF MEMBERS FROM SEVEN TO FIVE; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 2.102, Code of Ordinances, is amended to read as follows: Sec. 2.102. Composition. The beautification committee shall be composed of five soven members who shall be residents of the city. 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: Laura Lipowski Assistant City Attorney Cynthia E. Goudeau, City Clerk Ordinance No. 7514-05 c.-A-d ~~ u~ City Council MM_,",~genda ,"f!?V~~,~!!!,"!?,r'!'~!!!'M",M_'""'"," \()~d Tracking Number: 1,610 Actual Date: 10/06/2005 Subject / Recommendation: Adopt Ordinance 7516-05 on second reading, vacating the five foot drainage and utility easement lying along the platted west property line of Lot 11, Block 48, Mandalay Subdivision. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 09/25/2005 Financial Information: Review Approval Pam Akin 09-13-2005 16:08:11 Cvndie Goudeau 09-21-2005 14:02:01 ORDINANCE NO. 7516-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE FIVE-FOOT DRAINAGE AND UTILITY EASEMENT LYING ALONG THE PLATTED WEST PROPERTY LINE OF LOT 11, BLOCK 48, MANDALA Y SUBDIVISION; PROVIDING AN EFFECTIVE DATE. WHEREAS, Salvatore Belloise, III, 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 in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The five-foot drainage and utility easement lying along the platted west property line of Lot 11, Block 48, Mandalay Subdivision as recorded in Plat Book 14, Pages 32-35, Official Records of Pinellas County, Florida is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as described above to the owner of the servient estate thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Bryan D. Ruff Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7516-05 C0-3 ~~.-nTater U~ City Council "M",_~.g~!1da'M.~,!lver .. ~.~..!!!..~.~.!.!!..~ u m .. .M' \o"~ Tracking Number: 1,612 Actual Date: 10/06/2005 Subject / Recommendation: Adopt Ordinance 7501-05 on second reading, annexing certain real property whose post office address is 1753 Grove 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: 09/04/2005 09/25/2005 Financial Information: Review Approval Pam Akin 09-13-2005 16:09:00 Cvndie Goudeau 09-21-2005 13:58:11 ~-3 ORDINANCE NO. 7501-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF GROVE DRIVE, APPROXIMATELY 90 FEET SOUTH OF TERRACE DRIVE, CONSISTING OF LOT 17, BLOCK 2, VIRGINIA GROVE TERRACE FIRST ADDITION, WHOSE POST OFFICE ADDRESS IS 1753 GROVE 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 17, Block 2, Virginia Grove Terrace First Addition, according to the map or plat thereof as recorded in Plat Book 37, Page 62, Public Records of Pinellas County, Florida (ANX2005-05016) 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. 7501-05 lZZJ_ , , , I L_.J f7'll5-, r, , ,'_I , ,~ , J 1:7109-, , I \ I' lzgQ_1 : 1 , _J r--'1:1 l J!l r~72 - , , , -L J r-4ZBfl , r- I~ , L.__.J I 4f60 r L., I , F4{f; I r I r L_~ 17.ll-, L, ' , ] 1796-~_ ", I I ,_..I L LJ 1'--' r'- r--- , ',-, , Proposed Annexation Map Owner Virginia Phillips Site: 1753 Grove Drive Land Use Zoning From: RL (County) R-3 (County) To: RL (City) LMDR (City) Case: ANX2005-050 1 6 Property Size (Acres): 0.19 PIN: 05-29-16-94338-002-0170 Atlas Page: 264A LA-~ ~~ u~ Agenda Cover Memorandum -""""",,,,,,,,,,.,,,=,,,,,,,,,,,,,--,,,,,,,,,,,,,,',,,,,,,,,,,,,,,=,,,,,,,-,-""""'""""=-""",,,,--,"',,,,'" City Council \D .l...\ Tracking Number: 1,613 Actual Date: 10/06/2005 Subject / Recommendation: Adopt Ordinance 7502-05 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 1753 Grove 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: 09/04/2005 09/25/2005 Financial Information: Review Approval Pam Akin 09-13-2005 16:09:36 Cvndie Goudeau 09-21-2005 14:00:00 CA-J.-t ORDINANCE NO. 7502-05 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 EAST SIDE OF GROVE DRIVE, APPROXIMATELY 90 FEET SOUTH OF TERRACE DRIVE, CONSISTING OF LOT 17, BLOCK 2, VIRGINIA GROVE TERRACE FIRST ADDITION, WHOSE POST OFFICE ADDRESS IS 1753 GROVE DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Lot 17, Block 2, Virginia Grove Terrace First Addition, according to the map or plat thereof as recorded in Plat Book 37, Page 62, Public Records of Pinellas County, Florida (ANX2005-05016) Land Use CateQorv 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. 7501-05. 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. 7502-05 1:n:7--, rl I L ..._J I I fZZJ~ I I I I L .J f761T1 .-, I 1'-1 I I~ I J 1;1S9-, I I L ~J I _I 1~,LI : I I _J f749; I r - I I I .-~ 17FI LI I I I If;Wl I l-~ r--'"k l Jl r~72 - I I , -L J r~68 I rJ I~ r "_ J 1--4160 r L~ I I 1'---1 rL r--- I II I I L LJ Future Land Use Map Owner Virginia Phillips Case: ANX2005-050 1 6 Site: 1753 Grove Drive Property Size (Acres): 0.19 Land Use Zoning PIN: 05-29-16-94338-002-0170 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 264A ~~ II~ ........... Agenda Cover Memorandum <<. ..."_ili.......~.._.ili..ili.__"...".......,"',.".'.'.ili..".~.""-,,,-_..,,...,..._...,,.,,,,,,,.,,,,- City Council CA- C; \O.C~ Tracking Number: 1,614 Actual Date: 10/06/2005 Subiect / Recommendation: Adopt Ordinance 7503-05 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 1753 Grove Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 09/04/2005 09/25/2005 Financial Information: Review Approval Pam Akin 09-13-2005 16:10:13 Cvndie Goudeau 09-21-2005 14:00:55 C-A-5 ORDINANCE NO. 7503-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF GROVE DRIVE, APPROXIMATELY 90 FEET SOUTH OF TERRACE DRIVE, CONSISTING OF LOT 17, BLOCK 2, VIRGINIA GROVE TERRACE FIRST ADDITION, WHOSE POST OFFICE ADDRESS IS 1753 GROVE 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 17, Block 2, Virginia Grove Terrace First Addition, according to the map or plat thereof as recorded in Plat Book 37, Page 62, Public Records of Pinellas County, Florida (ANX2005-05016) 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. 7501-05. 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. 7503-05 r--'1:J L___~ rt172 - I I , -L J r-4Z~ I r- ,~ I '-__..I 1--4{60 ( I -I Zoning Map Owner Virginia Phillips Case: ANX2005-05016 Site: 1753 Grove Drive Property Size (Acres): 0.19 Land Use Zoning PIN: 05-29-16-94338-002-0170 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 264A CM ~ LQ. ~~ u~ _~wW"" "..".,,,,.~~~=,,coye~_~em~r.!!!..~.!::I_~,,~ City Council \o.Co Tracking Number: 1,615 Actual Date: 10/06/2005 Subject / Recommendation: Adopt Ordinance 7504-05 on second reading, annexing certain real property whose post office address is 1501 Country Lane East 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: 09/04/2005 09/25/2005 Financial Information: Review Approval Pam Akin 09-13-2005 16: 11: 16 Cvndie Goudeau 09-21-2005 11:51:35 1__ C-A--b. ORDINANCE NO. 7504-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF COUNTRY LANE EAST, APPROXIMATELY 500 FEET SOUTH OF SR 590, CONSISTING OF LOT 10, COUNTRY LANE, TOGETHER WITH THE LAKE PARCEL, WHOSE POST OFFICE ADDRESS IS 1501 COUNTRY LANE EAST, 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 (ANX2005-05017) 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. 7504-05 Proposed Annexation Map Owner Donald Kirkham Case: A NX2005-050 17 Site: 1501 Country Lane E Property Size (Acres): 0.33 Land Use Zoning From: RL & Water (County) R-3 (County) PIN: 08-29-16-18630-000-0100 To: RL & Water/Drainage LMDR & P (City) Overlay (City) Atlas Page: 273B r- e,A -' ~ ~~ ~ ....,......~S!~!!da c!:!~.~! Mel!!.!!>r~.~=~=u I!L.............._=...=~..........~ City Council \Cj.j Tracking Number: 1,616 Actual Date: 10/06/2005 Subject / Recommendation: Adopt Ordinance 7505-05 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 1501 Country Lane East, upon annexation into the City of Clearwater, as Residential Low and Water/Drainage Overlay. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 09/04/2005 09/25/2005 Financial Information: Review Approval Pam Akin 09-13- 2005 16: 13:34 Cvndie Goudeau 09-21-2005 11 :52:28 ORDINANCE NO. 7505-05 CA-l 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 COUNTRY LANE EAST, APPROXIMATELY 500 FEET SOUTH OF SR 590, CONSISTING OF LOT 10, COUNTRY LANE, TOGETHER WITH THE LAKE PARCEL, WHOSE POST OFFICE ADDRESS IS 1501 COUNTRY LANE EAST, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW AND WATER/DRAINAGE OVERLAY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY 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 (ANX2005-050 17) Land Use CateQorv Residential Low and Water/Drainage Overlay 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. 7504-05 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. 7505-05 Future Land Use Map Owner Donald Kirkham Case: ANX2005-05017 Site: 1501 Country Lane E Property Size (Acres): 0.33 Land Use Zoning From: RL & Water (County) R-3 (County) PIN: 08-29-16-18630-000-0100 To: RL & Water/Drainage LMDR & P (City) Overlay (City) Atlas Page: 273B ~~ u.~ _<"~_",~~end,~Lf;<over Memo!:!,!!,~.!!I!L"_",,,@~ City Council C{:\-8' \U\~ Tracking Number: 1,617 Actual Date: 10/06/2005 Subiect / Recommendation: Adopt Ordinance 7506-05 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 1501 Country Lane East, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR) and Preservation (P). Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 09/04/2005 09/25/2005 Financial Information: Review Approval Pam Akin 09-13-2005 16: 14: 19 Cvndie Goudeau 09-21-2005 11:50:34 ORDINANCE NO. 7506-05 ~~-8 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 COUNTRY LANE EAST, APPROXIMATELY 500 FEET SOUTH OF SR 590, CONSISTING OF LOT 10, COUNTRY LANE, TOGETHER WITH THE LAKE PARCEL, WHOSE POST OFFICE ADDRESS IS 1501 COUNTRY LANE EAST, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR) AND PRESERVATION (P); 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 Legal Description attached, hereto (ANX2005-05017) Zonina District Low Medium Density Residential (LMDR) and Preservation (P) 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. 7504-05. 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. 7506-05 Zoning Map Owner Donald Kirkham Site: 1501 Country Lane E Land Use Zoning From: RL & Water (County) R-3 (County) To: RL & Water/Drainage LMDR & P (City) Overlay (City) Case: ANX2005-05017 Property Size (Acres): 0.33 PIN: 08-29- 1 6-18630-000-01 00 Atlas Page: 273B cA - cl City Council .__",~~g~endi:'_.fove~,Memor!!!..~..!!,!!!...."w_ww."..." \().q .~.~ u~ Tracking Number: 1,618 Actual Date: 10/06/2005 Subject / Recommendation: Adopt Ordinance 7507-05 on second reading, annexing certain real property whose post office address is 1644 Bellrose Drive North, 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: 09/04/2005 09/25/2005 Financial Information: Review Approval Pam Akin 09-13-2005 16: 15:28 Cvndie Goudeau 09-21-2005 11 :48:33 CF4 ORDINANCE NO. 7507-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF BELLROSE DRIVE NORTH, APPROXIMATELY 550 FEET EAST OF LAKE AVENUE, CONSISTING OF LOT 53, BELLROSE PARK, WHOSE POST OFFICE ADDRESS IS 1644 BELLROSE DRIVE NORTH, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY 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 53, Bellrose Park, as recorded in Plat Book 59, Page 63, according to the Public Records of Pinellas County, Florida (ANX2005-05018) 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. 7507-05 Proposed Annexation Map Owner Kathy Sadler Case: ANX2005-050 18 Site: 1644 Bellrose Drive N. Property Size 0.19 (Acres): Land Use Zoning PIN: 23-29-15-07848-000-0530 From: RL (County) R-2 (County) To: RL (City) LMDR (City) Atlas Page: 315B CA-\() ~.~ ll~ City Council _""..m,_ Agen,~,~. Cov_e~".,~,~.!fIora n~!I m \ D' \L'> Tracking Number: 1,619 Actual Date: 10/06/2005 Subject / Recommendation: Adopt Ordinance 7508-05 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 1644 Bellrose Drive North, upon annexation into the city, as Residential Low. Originating: City Attorney Section Second Readings - publiC hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 09/04/2005 09/25/2005 Financial Information: Review Approval Pam Akin 09-13-2005 16: 16:22 Cvndie Goudeau 09-21-2005 11 :49:28 ORDINANCE NO. 7508-05 ~~-lO 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 BELLROSE DRIVE NORTH, APPROXIMATELY 550 FEET EAST OF LAKE AVENUE, CONSISTING OF LOT 53, BELLROSE PARK, WHOSE POST OFFICE ADDRESS IS 1644 BELLROSE DRIVE NORTH, 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: Prooertv Lot 53, Bellrose Park, as recorded in Plat Book 59, Page 63, according to the Public Records of Pinellas County, Florida (ANX2005-05018) 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. 7509-05. 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. 7508-05 ~.~ u.~ City Council Ag~!lda cO'!.~,,!:",,~,,~~O~,,!,!!,~t u ",!""","",,, Tracking Number: 1,620 Actual Date: 10/06/2005 Subject / Recommendation: Adopt Ordinance 7509-05 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 1644 Bellrose Drive North, 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: 09/04/2005 09/25/2005 Financial Information: Review Approval Pam Akin 09-13- 2005 16: 17: 18 Cvndie Goudeau 09-21-2005 11:47:35 CJ\- \ \ \0.\\ I -_ ORDINANCE NO. 7509-05 CA-II 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 BELLROSE DRIVE NORTH, APPROXIMATELY 550 FEET EAST OF LAKE AVENUE, CONSISTING OF LOT 53, BELLROSE PARK, WHOSE POST OFFICE ADDRESS IS 1644 BELLROSE DRIVE NORTH, 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 53, Bellrose Park, as recorded in Plat Book 59, Page 63, according to the Public Records of Pinellas County, Florida (ANX2005-05018) 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. 7507-05. 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. 7509-05 Zoning Map Owner Kathy Sadler Case: ANX2005-050 18 Site: 1 644 Bellrose Drive N. Property Size 0.19 (Acres): Land Use Zoning PIN: 23-29-15-07848-000-0530 From: RL (County) R-2 (County) To: RL (City) LMDR (City) Atlas Page: 315B ~.~ u.~ City Council M_~,genda.f..~~.~.r ..Memora n~.!!!!I_~.m...,..................,,_..........m. Tracking Number: 1,625 Actual Date: 10/06/2005 Subject I Recommendation: Adopt Ordinance 7517-05 on second reading, making Third Quarter amendments to the operating budget for the fiscal year ending September 30, 2005. Originating: City Attorney Section Second Readings - publiC hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 09/25/2005 Financial Information: Review Aooroval Pam Akin Cvndie Goudeau 09-15-2005 10:35:26 09-21-2005 09:42:08 CG\ - \) \O.\'d ORDINANCE NO 7517-05 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, GENERAL SERVICES FUND AND GARAGE 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 Third Quarter Review it was found that increases and decreases are necessary in the total amount of $2,870,514 for revenues and $3,036,664 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. 7517-05 EXHIBIT A 2004-05 BUDGET REVENUE First Third Quarter Mid Year Quarter Original Amended Amended Amended Budget Budget Budget Budget Budget 2004/05 2004/05 2004/05 2004/05 Amendment General Fund: Property Taxes 38,852,560 38,852,560 38,852,560 39,065,800 213,240 Franchise Fees 7,335,000 7,335,000 8,074,230 8,014,230 -60,000 Utility Taxes 10,654,730 10,654,730 10,396,430 10,296,430 -100,000 Licenses, Permits & Fees 3,544,500 3,544,500 3,844,500 4,114,500 270,000 Sales Tax 6,288,410 6,288,410 6,288,410 6,463,410 175,000 Communications Services Tax 6,825,000 6,825,000 6,825,000 6,825,000 Intergovernmental Revenues 9,347,440 9,347,440 9,347,440 9,470,930 123,490 Charges for Current Services 3,745,800 3,744,170 3,687,220 3,593,480 -93,740 Fines & Forfeitures 1 ,611 ,120 1,611,120 1,011,120 1,011,120 Interest Income 429,000 429,000 429,000 429,000 Miscellaneous 547,980 547,980 547,980 632,980 85,000 Interfund ChargeslTransfers In 13,313,910 13,724,510 14,223,740 14,556,290 332,550 Transfer from Surplus 0 617,750 1,975,230 1,207,020 -768,210 Total, General Fund 102,495,450 103,522,170 105,502,860 105,680,190 177 ,330 Special Revenue Funds: Special Development Fund 15,806,680 18,645,418 20,658,287 20,980,817 322,530 Special Program Fund 2,171,500 5,174,201 7,874,649 9,183,193 1 ,308,544 Local Housing Asst Trust Fund 836,000 836,000 836,000 836,000 Utility & Other Enterprise Funds: Water & Sewer Fund 52,116,110 52,145,630 52,167,170 52,167,170 Stormwater Utility Fund 10,274,910 10,315,810 10,792,050 10,792,050 Solid Waste Fund 16,685,300 20,251,800 20,621,340 20,727,040 105,700 Gas Fund 33,519,890 36,902,280 41 ,858,260 41,426,350 -431,910 Recycling Fund 2,429,200 2,514,200 2,656,890 2,798,090 141,200 Marine and Aviation Fund 3,485,190 3,499,950 3,699,950 4,299,950 600,000 Parking Fund 4,902,720 4,902,720 6,623,600 6,623,600 Harborview Center Fund 2,216,370 2,216,370 2,216,370 2,216,370 Internal Service Funds: Administrative Services Fund 8,626,270 8,637,610 8,637,610 8,637,610 General Services Fund 3,491,960 3,619,900 3,661,270 3,667,200 5,930 Garage Fund 9,475,360 9,986,370 10,106,370 10,747,560 641,190 Central Insurance Fund 18,507,870 21,607,870 22,707,870 22,707,870 Total, All Funds 287,040,780 304,778,299 320,620,546 323,491,060 2,870,514 Ordinance #7517-05 48 EXHIBIT A (Continued) 2004-05 BUDGET EXPENDITURES First Third Quarter Mid Year Quarter Original Amended Amended Amended Budget Budget Budget Budget Budget 2004/05 2004105 2004/05 2004/05 Amendment General Fund: City Council 291,470 291,470 291,470 291,470 City Manager's Office 807,920 832,920 832,920 832,920 City Attorney's Office 1,450,910 1,450,910 1,450,910 1,450,910 City Audit 138,470 138,470 138,470 139,470 1,000 Development & Neighborhood Svcs 3,585,750 3,585,750 3,658,730 3,658,730 Economic Development & Housing S 1,525,230 1,500,230 1,500,230 1,500,230 Equity Services 412,200 412,200 412,200 412,200 Finance 2,041,390 2,041,390 2,041,390 2,038,890 -2,500 Fire 17,635,380 18,102,610 19,282,510 19,340,080 57,570 Human Resources 1,182,500 1,182,500 1,228,760 1,228,760 Library 5,818,060 5,874,060 5,874,060 5,874,060 Marine & Aviation 448,580 448,580 448,580 448,580 Non-Departmental 4,668,910 5,106,650 5,546,860 5,596,860 50,000 Office of Management & Budget 310,150 310,150 310,150 311,650 1,500 Official Records & Legislative Svcs 1,178,440 1,178,440 1,178,440 1,178,440 Parks & Recreation 18,188,010 18,153,010 18,168,580 18,182,010 13,430 Planning 1,244,650 1,244,650 1,286,650 1,313,700 27,050 Police 31,326,230 31,426,980 31,576,240 31,576,240 Public Communications 911,480 911,480 911,480 911,480 Public Works Administration 9,329,720 9,329,720 9,364,230 9,393,510 29,280 Total, General Fund 102,495,450 103,522,170 105,502,860 105,680,190 177,330 Special Revenue Funds: Special Development Fund 15,224,660 18,052,660 20,054,710 20,082,070 27,360 Special Program Fund 2,071,500 5,074,201 7,774,649 9,083,193 1,308,544 Local Housing Asst Trust Fund 836,000 836,000 836,000 836,000 Utility & Other Enterprise Funds: Water & Sewer Fund 52,116,110 52,145,630 52,145,630 52,145,630 Stormwater Utility Fund 9,384,600 10,156,420 10,668,440 10,668,440 Solid Waste Fund 16,251,190 19,893,860 20,274,690 20,347,710 73,020 Gas Fund 33,383,160 33,720,830 38,536,210 38,737,570 201,360 Recycling Fund 2,335,940 2,411,140 2,562,470 2,643,070 80,600 Marine and Aviation Fund 3,413,500 3,428,260 3,628,260 4,153,260 525,000 Parking Fund 4,208,720 4,208,720 4,553,720 4,553,720 Harborview Center Fund 2,216,370 2,216,370 2,216,370 2,216,370 Internal Service Funds: Administrative Services Fund 8,570,380 8,581,720 8,581,720 8,581,720 General Services Fund 3,491,960 3,591,960 3,620,140 3,622,400 2,260 Garage Fund 9,475,360 9,986,370 10,106,370 10,747,560 641,190 Central Insurance Fund 17,541,250 20,641,250 20,641,250 20,641,250 Total, All Funds 283,016,150 298,467,561 311 ,703,489 314,740,153 3,036,664 Ordinance #7517-05 49 ~.~ u~ LA-'\~ City Council \l), \~ ".."...,,,,,,~,!!!~a c~v<!!",.~.!!!!.!!.r!,!!~ u 11'!,"'."..."....,.."'_".......,......."''''.'''''_.~~_''',..~<..".....=_ Tracking Number: 1,626 Actual Date: 10/06/2005 Subject / Recommendation: Adopt Ordinance 7518-05, making third quarter amendments to the CIP budget for fiscal year ending September 30, 2005 Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 09/25/2005 Financial Information: Review Approval Pam Akin 09-15-2005 10:36:08 Cvndie Goudeau 09-21-2005 09:41: 10 ORDINANCE NO 7518-05 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 $1,520,768 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 Third Quarter 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 Third Quarter 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 No. 7518-05 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2004/05 Original Budget 2004/05 First Qtr Amended Budget 2004/05 Mid Year Amended Budget 2004/05 Third Qtr Amended Budget 2004/05 Police Protection 181,000 178,956 607,774 607,774 Fire Protection 2,298,700 2,339,222 2,046,869 2,046,869 Major Street Maintenance 5,610,100 15,724,205 16,087,115 16,836,269 Sidewalks & Bike Trails 0 0 63,184 638,406 Intersections 485,000 485,000 485,000 471,205 Parking 300,000 186,348 -1,213,652 -1,213,652 Miscellaneous Engineering 35,000 31 ,133 31,133 -77,227 Leisure/Land Acquisition 0 200,000 2,150,050 2,150,019 Park Development 2,437,500 2,596,250 2,476,321 2,389,807 Marine Facilities 330,000 323,064 323,064 332,364 Airpark Facilities 10,000 30,000 30,000 263,500 Libraries 554,840 602,624 603,267 653,267 Garage 3,272,500 3,621,173 3,621,173 3,645,016 Maintenance of Buildings 642,400 653,878 645,878 646,277 General Public Buildings & Equipment 0 0 272,236 272,236 Miscellaneous 658,000 2,814,089 2,930,089 2,976,415 Stormwater Utility 6,294,990 5,577,202 5,724,218 5,772,542 Gas System 4,670,000 4,670,000 4,670,000 4,699,300 Solid Waste 535,000 604,769 604,769 604,769 Utilities Miscellaneous 227,000 227,000 227,000 227,000 Sewer System 14,308,670 14,563,837 14,890,117 14,854,217 Water System 14,571,160 14,572,408 14,462,408 14,462,408 Recycling 225,000 252,105 252,105 252,105 TOTAL 57,646,860 70,253,263 71,990,119 73,510,887 51 Ordinance # 7518-05 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2004/05 First Qtr Mid Year Third Qtr Original Amended Amended Amended Budget Budget Budget Budget 2004/05 2004/05 2004/05 2004/05 GENERAL SOURCES: General Operating Revenue 2,042,700 2,380,372 2,916,583 2,873,701 General Revenue/County Co-op 554,840 554,840 554,840 554,840 Special Development Fund 0 2,500,000 2,489,181 2,489,403 Community Redevelopment Agency 0 1,490,929 1,490,929 1,490,929 County Restricted TIF 0 0 0 547,970 Road Mileage 2,480,100 2,480,100 2,480,100 2,480,100 Recreation Facility Impact Fee 0 -6,871 45,129 45,129 Recreation land Impact Fee 0 0 1,226,066 1,226,066 Open Space Impact Fee 0 0 723,984 723,953 Penny for Pinellas 4,561,500 5,185,002 5,185,002 5,185,002 Transportation Impact Fees 290,000 618,000 618,000 618,000 Development Impact Fees 0 -3,867 -3,867 -3,867 local Option Gas Tax 925,000 925,000 925,000 925,000 Grants - Other Agencies 450,000 1,246,690 1,472,784 2,235,395 Property Owner's Share 0 6,100 44,990 44,990 Developer's Share 0 1,142,000 1,151,237 1,151,237 Donations 200,000 260,000 260,000 260,000 Interest 0 17,784 18,427 -8,933 SELF SUPPORTING FUNDS: Marine/Aviation Revenue 225,000 239,760 239,760 239,760 Parking Revenue 310,000 310,000 -1,090,000 -1,090,000 Harbor view Revenue 100,000 100,000 100,000 101,541 Utility System: Water Revenue 1,833,730 1,855,030 1,855,030 1,855,030 Sewer Revenue 4,796,700 4,804,919 4,804,919 4,804,919 Water Impact Fees 250,000 250,000 250,000 250,000 Water R & R 1,022,770 1,022,770 1,022,770 1,022,770 Sewer Impact Fees 585,000 585,000 585,000 585,000 Sewer R&B 1,068,190 1,068,190 1,068,190 1,068,190 Stormwater Utility 1,383,410 1,337,929 1,337,929 1,337,929 Gas Revenue 4,685,000 4,685,000 4,685,000 4,685,000 Solid Waste Revenue 425,000 3,931,000 3,931,000 3,931,000 Recycling Revenue 90,000 90,000 90,000 90,000 Grants 2,966,160 5,604,327 5,772,106 6,064,906 Contractor Share 0 8,632 8,632 8,632 Property Owner's Share 0 0 0 29,699 Donations 0 25,000 25,000 25,000 52 Ordinance # 7518-05 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2004/05 First Qtr Mid Year Third Qtr Original Amended Amended Amended Budget Budget Budget Budget 2004/05 2004/05 2004/05 2004/05 INTERNAL SERVICE FUNDS: Garage Fund 10,000 358,673 358,673 375,398 Administrative Services Fund 263,000 251,656 251,656 251,656 General Services Fund 0 100,000 100,000 96,326 Central Insurance Fund 0 2,000,000 2,000,000 2,000,000 BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 716,000 800,613 820,613 909,696 Penny for Pinellas Bond 0 -623,502 -623,502 -623,502 SELF-SUPPORTING FUNDS: Lease Purchase - Parking 0 -113,652 -113,652 -113,652 Lease Purchase - Water 460,000 460,000 350,000 288,000 Lease Purchase - Sewer 38,000 38,000 38,000 -44,260 Lease Purchase - Stormwater Utility 30,000 43,295 13,295 13,295 Lease Purchase - Solid Waste 110,000 179,769 179,769 179,769 Lease Purchase - Recycling 135,000 162,105 162,105 162,105 Future Bond Issue - Water & Sewer 16,093,680 16,093,680 16,411,960 16,411,960 Bond Issue - Stormwater 4,948,580 1,898,590 1,898,590 1,898,590 INTERNAL SERVICE FUNDS: Lease Purchase - Garage 3,272,500 3,272,500 3,272,500 3,272,500 Lease Purchase - Administrative Sacs 325,000 617,900 586,390 586,390 TOTAL ALL FUNDING SOURCES: 57,646,860 70,253,263 71,990,119 73,512,563 53 Ordinance # 7518-05 Amdmnts 749,154 575,222 (13,795) (108,360) (32) (86,514) 9,300 233,500 50,000 23,843 399 46,326 48,324 29,300 (35,900) 1,520,768 54 Ordinance # 7518-05 .. Amdmnts (42,882) 222 547,970 (32) 762,611 (27,360) 1,541 292,800 29,699 55 Ordinance # 7518-05 Amdmnts 16,725 (3,674) 89,083 (62,000) (82,260) (1,676) 1,520,768 56 Ordinance # 7518-05 ~~~ter Q~ City Council Cover Memorandum Tracking Number: 1,608 Actual Date: 10/06/2005 Subject / Recommendation: Adopt Ordinance 7489-05 on second reading, amending the City of Clearwater Community Development Code to establish a Public Art and Design program. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 09/04/2005 09/25/2004 Financial Information: Review Approval Pam Akin 09-13-2005 16:05:00 Cvndie Goudeau 09-30-2005 08:30:55 C.A - I~ \D<\L\ ~ ORDINANCE NO. 7489-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; CREATING ARTICLE 3, DIVISION 24, COMMUNITY DEVELOPMENT CODE, CONSISTING OF SECTIONS 3-2401 THROUGH 3-2407; ESTABLISHING A PUBLIC ART AND DESIGN PROGRAM; PROVIDING DEFINITIONS; ESTABLISHING THAT PUBLIC ART AND DESIGN FUNDS ARE TO BE USED FOR PUBLIC ART PURPOSES; AUTHORIZING THE ALLOCATION OF CERTAIN FUNDS IN THE CONSTRUCTION AND RENOVATION OF ELIGIBLE CITY BUILDING PROJECTS AND ELIGIBLE PRIVATE DEVELOPMENTS; PROVIDING FOR OWNERSHIP AND MAINTENANCE; CREATING ARTICLE 5, DIVISION 11, CONSISTING OF SECTIONS 5-1101 THROUGH 5-1105; ESTABLISHING A PUBLIC ART AND DESIGN BOARD TO ADMINISTER THE PROGRAM; PROVIDING AN EFFECTIVE DATE. WHEREAS, over three hundred communities throughout the United States have implemented public art programs committing to the placement of public art in urban environments; and WHEREAS, the City of Clearwater ("City") recognizes that a superior and diverse aesthetic character of the City's built environment is vital to the quality of the life of its citizens, the economic success of its businesses, an attraction for visitors and a benefit to tourism; and that a public art and design program would contribute to the aesthetic enhancement of the community; and WHEREAS, the City shall create a public art and design program that reflects and enhances the City's diversity, character and heritage through the artworks and designs by artists integrated in the architecture, infrastructure and landscape throughout Clearwater on public and private property; and WHEREAS, the City's public art & design program shall promote and unite the community through art; bring public art and art education to the entire community; create public arts community partnerships linking across lines of race, ethnicity, age, gender, profession, and economic levels; and WHEREAS, the Community Development Board of the City of Clearwater has reviewed, and made a recommendation regarding adoption of this Ordinance, and the City Council of the City of Clearwater has held public hearings and deems it to be in the public's interest to promote the welfare and advancement of the community through the creation of the Public Art and Design Program; and WHEREAS, it is the purpose of the City of Clearwater to promote the health, safety, general welfare and quality of life in the City; to guide the orderly growth and development of the City; to establish rules of procedure for land development approvals; to enhance the character of the City and the preservation of neighborhoods; to make the beautification of the City a matter of the highest priority; to require that existing and future uses and structures in the City are attractive and well-maintained to the maximum extent permitted by law; and to enhance the quality of life of all residents and property owners of the City through the City's Development Code and Comprehensive Plan; now, therefore, 1 Ordinance No. 7489-05 BE IT ORDAINED BY THE CITY COUNCIL OF CLEARWATER, FLORIDA: Section 1. Division 24, Community Development Code, consisting of Sections 3- 2401 through 3-2407, is hereby created to read as follows: Section 3-2401. Public Art and Design Program. The City of Clearwater recognizes that providing for public art and enhancing the appearance of buildings and spaces provides benefits to the community by expanding the historical, cultural, and creative knowledge of citizens. In keeping with its concern for the arts and quality of its environment, not less of 1 % of the Total Construction Budget of each eligible City capital project shall be allocated as the City Public Art Contribution for the incorporation of public works of art. Further, eligible private development projects shall also allocate not less than 1 % of the Aggregate Job Value for on-site public art to enhance the visual appeal of the project and City. An in-lieu-of contribution to the City's Public Art and Design Program, as provided for herein, will also satisfy this requirement. Section 3-2402. Definitions. The following words, terms and phrases, when used in this Division, shall have the meanings ascribed to them in this Division, except where the context clearly indicates a different meaning: AFFORDABLE HOUSING means housing development, which is supported in whole or part with funds from the Housing Division of the City's Economic Development and Housing Department. AGGREGA TE JOB VALUE means the total of all construction costs associated with a particular site plan project regardless of the number of permits associated with the project, or whether it is a phased project. Construction costs include all labor, structural materials, plumbing, electrical, mechanical, infrastructure, and site work. ANNUAL PUBLIC ART AND DESIGN PLAN means an itemized and prioritized list of anticipated art projects including the objectives, design approach, budgets and scheduling for the upcoming year. The annual public art and design program shall be developed by the public art and design board in consultation with City staff and shall be presented to the City Council for approval during its annual budget review process. ARTIST OR PROFESSIONAL ARTIST means a practicing fine artist, generally recognized by critics and peers as a professional of serious intent and ability. Indications of a person's status as a professional artist include, but are not limited to, income realized through the sole commission of artwork, frequent or consistent art exhibitions, placement of artwork in public institutions or museums, receipt of honors and awards, and training in the arts. ARTWORK OR WORKS OF ART means tangible creations by artists exhibiting the highest quality of skill and aesthetic principles and includes all forms of visual art conceived in any medium, material, or combination thereof, including paintings, sculptures, statues, engravings, carvings, frescos, stained glass, mosaics, mobiles, tapestries, murals, photographs, video projections, digital images, bas-relief, high relief, fountains, kinetic, functional furnishings such as artist designed seating and pavers, 2 Ordinance No. 7489-05 architectural elements designed by an artist, and artist designed landforms or landscape elements. ELIGIBLE CITY CAPITAL IMPROVEMENT PROJECTS means projects included in the approved Clearwater Capital Improvement Program, commencing with the City's Fiscal Year 2006/07 budget, for any new facility construction or renovation projects equal to or greater than $500,000 including but not limited to buildings, greenways, roads, parking facilities, bridges or other above-ground projects. Specifically excluded from this definition are street resurfacing, major drainage, wastewater, below-grade utilities, annual repair and replacement projects and any other project where the funding source is restricted from being used for the purchase of public art. PUBLlCL Y ACCESSIBLE means locations that are open to the general public during normal business hours and visible by the general public at all times. PUBLIC ART AND DESIGN BOARD means the entity appointed by the City Council to establish policy and administer the Public Art and Design Program. PUBLIC ART AND DESIGN MASTER PLAN means a master plan established by the Public Art and Design Board in cooperation with City staff. This plan will establish criteria, policies, and priorities for the Public Art and Design Program. The Public Art and Design Master Plan will be subject to City Council approval. RENOVATION PROJECTS means those projects requiring a City building permit where 50% or more of the building footprint is being modified, rebuilt or improved by construction. TOTAL CONSTRUCTION BUDGET means the final approved budget amount for all Eligible City Capital Improvement Projects as submitted and approved by the City Council in the City's annual Capital Improvement Program Budget. Section 3-2403. Public Art and Design Funds. 1. The City shall maintain a separate accounting of monies received for the Public Art and Design Program which shall consist of the following: a. Allocations received from Eligible City Capital Improvement Projects b. Allocations received from private development; c. All funds donated to the City for public art; d. Other funds allocated by the City through the budgetary process 2. Public art and design monies shall be used solely for expenses associated with the selection, commissioning, acquisition, installation, maintenance, administration, removal and insurance of the works of art or public education in relation thereto. Such funds shall be administered by the City. Custody of the public art and design funds shall at all times remain with the City and all City policies and procedures shall be strictly adhered to regarding the oversight of such funds. 3. Programming of public art and design expenditures shall be included in the annual capital budget of the City as recommended by the Public Art and Design Board or as may otherwise be approved by the City Council. 4. Interest earned on funds for the Public Art and Design Program that was allocated from private development or donated from outside donors shall be deposited into the Public Art and Design Program accounts. Unless otherwise required by law, interest earned on funds received from or allocated by the City from Capital Improvement 3 Ordinance No. 7489-05 Projects or other funds shall be returned to the original funding source (Penny for Pinellas, general fund, etc.). All funds shall be used only as permitted by law. 5. Ten Percent (10%) of all non-restricted Public Art and Design Program funds which are applied to City-owned public art projects shall be deposited into a Public Art and Design Program maintenance account. The maintenance account shall be administered as a Public Art and Design Program fund as set forth herein. Section 3-2404. Appropriation of City Capital Improvement Project (CIP) Funds. 1. Commencing with City of Clearwater Fiscal Year 2006/07, all appropriations for Eligible City Capital Improvement Projects shall include a City Public Art Contribution of not less than one percent (1 %) of the Total Construction Budget before the addition of the public art cost but not to exceed the sum of two hundred thousand dollars ($200,000.00) per project, subject to the City budgeting and appropriating such funds. If the funding source for the project is not legally permitted to be used for artwork or specifically prohibits the use of the monies for designed elements exposed to public view, then for the purpose of calculating the amount of the City Public Art Contribution for the project only, the Total Construction Budget shall be reduced by that portion of the funding so restricted. 2. All appropriations for public art will be used solely for Public Art and Design. 3. Funds appropriated from the budget for one capital improvement project, but not deemed necessary or appropriate for that project, may be used for other areas in the City as prioritized by the Public Art and Design Master Plan and as permitted by law and in accordance with restrictions on the original funding source. 4. The City Council shall review and approve a Public Art and Design Master Plan, and amendments thereto, to be prepared by City staff and the Public Art and Design Board, for the expenditure of funds appropriated and fees collected for Public Art. The annual Public Art and Design Program shall be developed by the Public Art and Design Board in consultation with City staff and shall be presented to the City Council for approval during its annual budget review process. Section 3-2405. Public Art and Design Allocations for Private Construction Projects and Developments. 1. All projects and developments, as listed below, which are submitted for building permits must allocate not less than one percent (1%) of the Aggregate Job Value up to the sum of two hundred thousand dollars ($200,000.00) per project for the provision of public art. a. New construction of, or Renovation Projects related to commercial, industrial, mixed- use projects and developments, and residential projects and developments, any of which equal or exceed an Aggregate Job Value of $5 million dollars ($5,000,000). If renovations affect multiple structures on a project site, which may be permitted separately, the Aggregate Job Value is based on the construction valuation of all permits for the site. 2. When a project is subject to the requirement of a public art allocation, the developer shall have two options: a. The developer may contract with a professional artist to create a permanent public artwork as part of the development project. Artworks must be located in 4 Ordinance No. 7489-05 1_ publicly accessible locations. If desired, support will be available from both City staff and the Public Art and Design Board to assist in the selection of an artist. Before contracting with the artist, the property owner will submit for approval by the Public Art and Design Board the artist qualifications, the artist's proposal, a statement of how the project satisfies the parameters of the Public Art and Design Program, and a budget reflecting that the allocation of funds required by the Program has been met. Such artwork may include amenities such as streetscapes, paving treatments, architecturally integrated water features as well as mosaics, murals, or sculpture, etc. The artwork must be completed or commissioned before a certificate of occupancy will be issued. b. In lieu of an on-site project, a developer may contribute .75% of the Aggregate Job Value to the City's Public Art and Design Program. This in lieu fee must be paid prior to the issuance of building permit. 3. Excluded from this requirement shall be: a. Projects with an Aggregate Job Value under $5,000,000. b. Residential developments of new construction for affordable housing. c. Eligible Projects pending approval for a building permit that have submitted a complete application prior to October 1, 2006 provided that: 1. The application is approved within six (6) months of the date of application. 2. Construction begins within six (6) months of the issuance of such approval and is diligently pursued to completion. Section 3-2406. Ownership and Maintenance. 1. Ownership of all works of art acquired on behalf of the City shall be vested in the City, which shall retain title to each work of art. 2. All contracts for artwork that will be acquired or accepted for ownership by the City must be reviewed and approved by the City's legal department. 3. Ownership of all works of art incorporated into private construction projects shall be vested in the property owner who shall retain title to each work of art. If the property is sold, the seller may either include restrictions in the deed that require maintenance of the artwork and prevent its removal from the property, transfer ownership of the artwork to the City of Clearwater to be maintained as a public artwork, or remove the artwork and make a contribution to the Public Art and Design Fund in an amount equal to .75% of the initial Aggregate Job Value. If the title is passed to a subsequent owner and, as a result, a deed restriction exists as to the artwork, the subsequent owner shall maintain the artwork in accordance with applicable law or other established guidelines. The artwork cannot be altered, modified, relocated or removed other than as provided herein without the prior approval of the Public Art and Design Board. 4. Property owners will be required to maintain the work of art in good condition in the approved location, as required by law or other applicable guidelines including but not limited to normal code enforcement rules, to ensure that proper maintenance is provided. 5. The owner may request that the artwork be removed from the site due to hardship with the approval of the Public Art and Design Board. In addition, in the event there is a condition that occurs outside the reasonable control of the owner 5 Ordinance No. 7489-05 r I such as an Act of God, then this provision may be implemented with the approval of the Board. Section 2. Division 11, Community Development Code, consisting of Sections 5- 1101 through 5-1105, is hereby created to read as follows: DIVISION 11. Public Art and Design Board. Section 5-1101. Creation. There is hereby created the Public Art and Design Board of the City of Clearwater. Section 5-1102. Composition. The Public Art and Design Board shall consist of seven members; one member of the Clearwater Arts Foundation, one Pinellas County Arts Council member, or designee, one landscape architect, architect, urban planner, or related design professional, one active professional artist, and three private citizens who are knowledgeable in the field of public art, education, or community affairs. Representatives of the Clearwater Arts Foundation and the Pinellas County Arts Council shall be nominated by their respective organizations. Section 2.063, Code of Ordinances notwithstanding, the Clearwater Arts Foundation and the Pinellas County Arts Council representative shall not be required to reside within the City of Clearwater. Section 5-1103. Powers and Duties. The Public Art and Design Board shall administer the Public Art and Design Program. The purpose, functions and responsibilities shall be as follows: a. Develops guidelines, selection procedures and organizational policies to facilitate this chapter. b. Prepares Public Art and Design Master Plan in concert with City staff to establish criteria, policies, and priorities for the Public Art and Design Program. c. Prepares an annual Public Art and Design Plan for the expenditure of the public and private monies in the Public Art Program for approval by the City Council during the annual budget review process. d. Related to City construction projects, in concert with City staff, is responsible for working with appropriate department in program planning; designating sites; determining project scope and budget; managing the artist selection process; commission artworks; approve design, execution and placement of artworks; and overseeing maintenance of the artworks and the process for removal of artworks from the City's public art collection. The Public Art and Design Board selects the artwork. Approvals for purchase are then guided by City purchasing requirements. e. Related to Private Development projects, assists the private developer, in concert with City staff, with the artist selection process if requested. The Board will approve the project to ensure that it meets the Public Art and Design Program guidelines. f. Recruits professionals in the visual arts and design fields to serve in the artist selection process in order to ensure works of highest quality. g. Ensures appropriate community participation in this process and public education activities as part of the public art projects. h. Coordinates, investigates, reviews and recommends to the City Council other means by which artworks may be obtained, including donations to the Public Art and Design Program, and grant applications for public art projects. 6 Ordinance No. 7489-05 i. Administers the City's donation policy for artwork. j. Encourages public art throughout the City and shall educate and stimulate the participation of all citizens in a joint public and private effort to promote art in public places. Section 5-1104. Terms of Office of Members; Officers; Rules: a. Members of the Public Art and Design Committee shall be appointed by the City Council to serve for a term of four years, staggered such that not more than three terms shall expire in any calendar year. A member shall serve not more than two consecutive complete terms. Once a person has served two full and consecutive terms on the Board, that person shall not be eligible for reappointment to the Board for a length of time equal to one full term on the Board. b. The Board shall annually select a chair and such other officers as the Board may find necessary, from its membership. c. The Board may adopt such rules of procedure as the Board finds necessary, which shall not be in conflict with state law or ordinances of the City. d. The Board shall meet at such times as the Board may find necessary but not less often than quarterly. e. Board members shall not be compensated. Section 5-1105. Removal of members. The City Council shall have the power to remove any members of the Board for misconduct or neglect of duty. In addition, the City Manager shall have the power to remove any member because of the excessive absence of the member from the meetings of the Board as defined in Section 2.066. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED AS AMENDED Frank V. Hibbard Mayor Approved as to form: Attest: Laura L1powski Assistant City Attorney Cynthia E. Goudeau City Clerk 7 Ordinance No. 7489-05 OR.D/NANCE WITI1 CrlA-N4~ ~HOtAN ~'. CA-l.i-.f ORDINANCE NO. 7489-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; CREATING ARTICLE 3, DIVISION 24, COMMUNITY DEVELOPMENT CODE, CONSISTING OF SECTIONS 3-2401 THROUGH 3-2407; ESTABLISHING A PUBLIC ART AND DESIGN PROGRAM; PROVIDING DEFINITIONS; ESTABLISHING THAT PUBLIC ART AND DESIGN FUNDS ARE TO BE USED FOR PUBLIC ART PURPOSES; AUTHORIZING THE ALLOCATION OF CERTAIN FUNDS IN THE CONSTRUCTION AND RENOVATION OF ELIGIBLE CITY BUILDING PROJECTS AND ELIGIBLE PRIVATE DEVELOPMENTS; PROVIDING FOR OWNERSHIP AND MAINTENANCE; CREATING ARTICLE 5, DIVISION 11, CONSISTING OF SECTIONS 5-1101 THROUGH 5-1105; ESTABLISHING A PUBLIC ART AND DESIGN BOARD TO ADMINISTER THE PROGRAM; PROVIDING AN EFFECTIVE DATE. WHEREAS, over three hundred communities throughout the United States have implemented public art programs committing to the placement of public art in urban environments; and WHEREAS, the City of Clearwater ("City") recognizes that a superior and diverse aesthetic character of the City's built environment is vital to the quality of the life of its citizens, the economic success of its businesses, an attraction for visitors and a benefit to tourism; and that a public art and design program would contribute to the aesthetic enhancement of the community; and WHEREAS, the City shall create a public art and design program that reflects and enhances the City's diversity, character and heritage through the artworks and designs by artists integrated in the architecture, infrastructure and landscape throughout Clearwater on public and private property; and WHEREAS, the City's public art & design program shall promote and unite the community through art; bring public art and art education to the entire community; create public arts community partnerships linking across lines of race, ethnicity, age, gender, profession, and economic levels; and WHEREAS, the Community Development Board of the City of Clearwater has reviewed, and made a recommendation regarding adoption of this Ordinance, and the City Council of the City of Clearwater has held public hearings and deems it to be in the public's interest to promote the welfare and advancement of the community through the creation of the Public Art and Design Program; and WHEREAS, it is the purpose of the City of Clearwater to promote the health, safety, general welfare and quality of life in the City; to guide the orderly growth and development of the City; to establish rules of procedure for land development approvals; to enhance the character of the City and the preservation of neighborhoods; to make the beautification of the City a matter of the highest priority; to require that existing and future uses and structures in the City are attractive and well-maintained to the maximum extent permitted by law; and to enhance the quality of life of all residents and property owners of the City through the City's Development Code and Comprehensive Plan; now, therefore, 1 Ordinance No. 7489-05 BE IT ORDAINED BY THE CITY COUNCIL OF CLEARWATER, FLORIDA: Section 1. Division 24, Community Development Code, consisting of Sections 3- 2401 through 3-2407, is hereby created to read as follows: Section 3-2401. Public Art and Design Program. The City of Clearwater recognizes that providing for public art and enhancing the appearance of buildings and spaces provides benefits to the community by expanding the historical, cultural, and creative knowledge of citizens. In keeping with its concern for the arts and quality of its environment, not less of 1 % of the Total Construction Budget of each eligible City capital project shall be allocated as the City Public Art Contribution for the incorporation of public works of art. Further, eligible private development projects shall also allocate not less than 1 % of the Aggregate Job Value for on-site public art to enhance the visual appeal of the project and City. An in-lieu-of contribution to the City's Public Art and Design Program, as provided for herein, will also satisfy this requirement. Section 3-2402. Definitions. The following words, terms and phrases, when used in this Division, shall have the meanings ascribed to them in this Division, except where the context clearly indicates a different meaning: AFFORDABLE HOUSING means housing development, which is supported in whole or part with funds from the Housing Division of the City's Economic Development and Housing Department. AGGREGA TE JOB VALUE means the total of all construction costs associated with a particular site plan project regardless of the number of permits associated with the project, or whether it is a phased project. Construction costs include all labor, structural materials, plumbing, electrical, mechanical, infrastructure, and site work. ANNUAL PUBLIC ART AND DESIGN PLAN means an itemized and prioritized list of anticipated art projects including the objectives, design approach, budgets and scheduling for the upcoming year. The annual public art and design program shall be developed by the public art and design board in consultation with City staff and shall be presented to the City Council for approval during its annual budget review process. ARTIST OR PROFESSIONAL ARTIST means a practicing fine artist, generally recognized by critics and peers as a professional of serious intent and ability. Indications of a person's status as a professional artist include, but are not limited to, income realized through the sole commission of artwork, frequent or consistent art exhibitions, placement of artwork in public institutions or museums, receipt of honors and awards, and training in the arts. ARTWORK OR WORKS OF ART means tangible creations by artists exhibiting the highest quality of skill and aesthetic principles and includes all forms of visual art conceived in any medium, material, or combination thereof, including paintings, sculptures, statues, engravings, carvings, frescos, stained glass, mosaics, mobiles, tapestries, murals, photographs, video projections, digital images, bas-relief, high relief, fountains, kinetic, functional furnishings such as artist designed seating and pavers, 2 Ordinance No. 7489-05 architectural elements designed by an artist, and artist designed landforms or landscape elements. ELIGIBLE CITY CAPITAL IMPROVEMENT PROJECTS means projects included in the approved Clearwater Capital Improvement Program, commencing with the City's Fiscal Year 2006/07 budget, for any new facility construction or renovation projects equal to or greater than $500,000 including but not limited to buildings, greenways, roads, parking facilities, bridges or other above-ground projects. Specifically excluded from this definition are street resurfacing, major drainage, wastewater, below-grade utilities, annual repair and replacement projects and any other project where the funding source is restricted from being used for the purchase of public art. PUBLlCL Y ACCESSIBLE means locations that are open to the general public during normal business hours and visible by the general public at all times. PUBLIC ART AND DESIGN BOARD means the entity appointed by the City Council to establish policy and administer the Public Art and Design Program. PUBLIC ART AND DESIGN MASTER PLAN means a master plan established by the Public Art and Design Board in cooperation with City staff. This plan will establish criteria, policies, and priorities for the Public Art and Design Program. The Public Art and Design Master Plan will be subject to City Council approval. RENOVATION PROJECTS means those projects requiring a City building permit where 50% or more of the building footprint is being modified, rebuilt or improved by construction. TOTAL CONSTRUCTION BUDGET means the final approved budget amount for all Eligible City Capital Improvement Projects as submitted and approved by the City Council in the City's annual Capital Improvement Program Budget. Section 3-2403. Public Art and Design Funds. 1. The City shall maintain a separate accounting of monies received for the Public Art and Design Program which shall consist of the following: a. Allocations received from Eligible City Capital Improvement Projects b. Allocations received from private development; c. All funds donated to the City for public art; d. Other funds allocated by the City through the budgetary process 2. Public art and design monies shall be used solely for expenses associated with the selection, commissioning, acquisition, installation, maintenance, administration, removal and insurance of the works of art or public education in relation thereto. Such funds shall be administered by the City. Custody of the public art and design funds shall at all times remain with the City and all City policies and procedures shall be strictly adhered to regarding the oversight of such funds. 3. Programming of public art and design expenditures shall be included in the annual capital budget of the City as recommended by the Public Art and Design Board or as may otherwise be approved by the City Council. 4. Interest earned on funds for the Public Art and Design Program that was allocated from private development or donated from outside donors shall be deposited into the Public Art and Design Program accounts. Unless otherwise required by law, interest earned on funds received from or allocated by the City from Capital Improvement 3 Ordinance No. 7489-05 Projects or other funds shall be returned to the original funding source (Penny for Pinellas, general fund, etc.). All funds shall be used only as permitted by law. 5. Ten Percent (10%) of all non-restricted Public Art and Design Program funds which are applied to City-owned public art projects shall be deposited into a Public Art and Design Program maintenance account. The maintenance account shall be administered as a Public Art and Design Program fund as set forth herein. Section 3-2404. Appropriation of City Capital Improvement Project (CIP) Funds. 1. Commencing with City of Clearwater Fiscal Year 2006/07, all appropriations for Eligible City Capital Improvement Projects shall include a City Public Art Contribution of not less than one percent (1 %) of the Total Construction Budget before the addition of the public art cost but not to exceed the sum of two hundred thousand dollars ($200,000.00) per project, subject to the City budgeting and appropriating such funds. If the funding source for the project is not legally permitted to be used for artwork or specifically prohibits the use of the monies for designed elements exposed to public view, then for the purpose of calculating the amount of the City Public Art Contribution for the project only, the Total Construction Budget shall be reduced by that portion of the funding so restricted. 2. All appropriations for public art will be used solely for Public Art and Design. 3. Funds appropriated from the budget for one capital improvement project, but not deemed necessary or appropriate for that project, may be used for other areas in the City as prioritized by the Public Art and Design Master Plan and as permitted by law and in accordance with restrictions on the original funding source. 4. The City Council shall review and approve a Public Art and Design Master Plan, and amendments thereto, to be prepared by City staff and the Public Art and Design Board, for the expenditure of funds appropriated and fees collected for Public Art. The annual Public Art and Design Program shall be developed by the Public Art and Design Board in consultation with City staff and shall be presented to the City Council for approval during its annual budget review process. Section 3-2405. Public Art and Design Allocations for Private Construction Projects and Developments. 1. All projects and developments, as listed below, which are submitted for building permits must allocate not less than one percent (1 %) of the Aggregate Job Value up to the sum of two hundred thousand dollars ($200,000.00) per project for the provision of public art. a. New construction of, or Renovation Projects related to commercial, industrial, mixed- use projects and developments, and residential projects and developments, any of which equal or exceed an Aggregate Job Value of $5 million dollars ($5,000,000). If renovations affect multiple structures on a project site, which may be permitted separately, the Aggregate Job Value is based on the construction valuation of all permits for the site. 2. When a project is subject to the requirement of a public art allocation, the developer shall have two options: 4 Ordinance No. 7489-05 a. The developer may contract with a professional artist to create a permanent public artwork as part of the development project. Artworks must be located in publicly accessible locations. If desired, support will be available from both City staff and the Public Art and Design Board to assist in the selection of an artist. Before contracting with the artist, the property owner will submit for approval by the Public Art and Design Board the artist qualifications, the artist's proposal, a statement of how the project satisfies the parameters of the Public Art and Design Program, and a budget reflecting that the allocation of funds required by the Program has been met. Such artwork may include amenities such as streetscapes, paving treatments, architecturally integrated water features as well as mosaics, murals, or sculpture, etc. The artwork must be completed or commissioned before a certificate of occupancy will be issued. b. In lieu of an on-site project, a developer may contribute .~75% of the Aggregate Job Value to the City's Public Art and Design Program. This in lieu fee must be paid prior to the issuance of building permit. 3. Excluded from this requirement shall be: a. Projects with an Aggregate Job Value under $5,000,000. b. Residential developments of new construction for affordable housing. c. Eligible Projects pending approval for a building permit that have submitted a complete application prior to October 1, 2006 provided that: 1. The application is approved within six (6) months of the date of application. 2. Construction begins within six (6) months of the issuance of such approval and is diligently pursued to completion. Section 3-2406. Ownership and Maintenance. 1. Ownership of all works of art acquired on behalf of the City shall be vested in the City, which shall retain title to each work of art. 2. All contracts for artwork that will be acquired or accepted for ownership by the City must be reviewed and approved by the City's legal department. 3. Ownership of all works of art incorporated into private construction projects shall be vested in the property owner who shall retain title to each work of art. If the property is sold, the seller may either include restrictions in the deed that require maintenance of the artwork and prevent its removal from the property, transfer ownership of the artwork to the City of Clearwater to be maintained as a public artwork, or remove the artwork and make a contribution to the Public Art and Design Fund in an amount equal to .~75% of the initial Aggregate Job Value. If the title is passed to a subsequent owner and, as a result, a deed restriction exists as to the artwork, the subsequent owner shall maintain the artwork in accordance with applicable law or other established guidelines. The artwork cannot be altered, modified, relocated or removed other than as provided herein without the prior approval of the Public Art and Design Board. 4. Property owners will be required to maintain the work of art in good condition in the approved location, as required by law or other applicable guidelines including but not limited to normal code enforcement rules, to ensure that proper maintenance is provided. 5 Ordinance No. 7489-05 5. The owner may request that the artwork be removed from the site due to hardship with the approval of the Public Art and Design Board. In addition, in the event there is a condition that occurs outside the reasonable control of the owner such as an Act of God, then this provision may be implemented with the approval of the Board. Section 2. Division 11, Community Development Code, consisting of Sections 5- 1101 through 5-1105, is hereby created to read as follows: DIVISION 11. Public Art and Design Board. Section 5-1101. Creation. There is hereby created the Public Art and Design Board of the City of Clearwater. Section 5-1102. Composition. The Public Art and Design Board shall consist of seven members; one member of the Clearwater Arts Foundation, one Pinellas County Arts Council member, or designee, one landscape architect, architect, urban planner, or related design professional, one active professional artist, and three private citizens who are knowledgeable in the field of public art, education, or community affairs. Representatives of the Clearwater Arts Foundation and the Pinellas County Arts Council shall be nominated by their respective organizations. Section 2.063, Code of Ordinances notwithstanding, the Clearwater Arts Foundation and the Pinellas County Arts Council representative shall not be required to reside within the City of Clearwater. Section 5-1103. Powers and Duties. The Public Art and Design Board shall administer the Public Art and Design Program. The purpose, functions and responsibilities shall be as follows: a. Develops guidelines, selection procedures and organizational policies to facilitate this chapter. b. Prepares Public Art and Design Master Plan in concert with City staff to establish criteria, policies, and priorities for the Public Art and Design Program. c. Prepares an annual Public Art and Design Plan for the expenditure of the public and private monies in the Public Art Program for approval by the City Council during the annual budget review process. d. Related to City construction projects, in concert with City staff, is responsible for working with appropriate department in program planning; designating sites; determining project scope and budget; managing the artist selection process; commission artworks; approve design, execution and placement of artworks; and overseeing maintenance of the artworks and the process for removal of artworks from the City's public art collection. The Public Art and Design Board selects the artwork. Approvals for purchase are then guided by City purchasing requirements. e. Related to Private Development projects, assists the private developer, in concert with City staff, with the artist selection process if requested. The Board will approve the project to ensure that it meets the Public Art and Design Program guidelines. f. Recruits professionals in the visual arts and design fields to serve in the artist selection process in order to ensure works of highest quality. g. Ensures appropriate community participation in this process and public education activities as part of the public art projects. 6 Ordinance No. 7489-05 , h. Coordinates, investigates, reviews and recommends to the City Council other means by which artworks may be obtained, including donations to the Public Art and Design Program, and grant applications for public art projects. i. Administers the City's donation policy for artwork. j. Encourages public art throughout the City and shall educate and stimulate the participation of all citizens in a joint public and private effort to promote art in public places. Section 5-1104. Terms of Office of Members; Officers; Rules: a. Members of the Public Art and Design Committee shall be appointed by the City Council to serve for a term of four years, staggered such that not more than three terms shall expire in any calendar year. A member shall serve not more than two consecutive complete terms. Once a person has served two full and consecutive terms on the Board, that person shall not be eligible for reappointment to the Board for a length of time equal to one full term on the Board. b. The Board shall annually select a chair and such other officers as the Board may find necessary, from its membership. c. The Board may adopt such rules of procedure as the Board finds necessary, which shall not be in conflict with state law or ordinances of the City. d. The Board shall meet at such times as the Board may find necessary but not less often than quarterly. e. Board members shall not be compensated. Section 5-1105. Removal of members. The City Council shall have the power to remove any members of the Board for misconduct or neglect of duty. In addition, the City Manager shall have the power to remove any member because of the excessive absence of the member from the meetings of the Board as defined in Section 2.066. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED AS AMENDED Frank V. Hibbard Mayor Approved as to form: Attest: Laura Lipowski Assistant City Attorney Cynthia E. Goudeau City Clerk 7 Ordinance No. 7489-05 t'i\~ - \ ~~ u.~ City Council _,~."~Jlend,!m' cove-:1'1!!mo!!tI1*~...!:!"!!!"..".."."......."..._"""""."""..,,~,, \ \ ti \ Tracking Number: 1,595 Actual Date: 10/06/2005 Subject / Recommendation: Approve the renewal of the license with the Federal Aviation Administration (FAA) for the operation and maintenance of a Visual Approach Slope Indicator (VAS!) at the Clearwater Airpark and authorize the appropriate officials to execute same. I Summary: The FAA wishes to renew their lease with the City to continue to operate and maintain a VASI at the Clearwater Airpark without cost. The VASI is a navigational aid that indicates to pilots the proper and safe approach slope for landing. Installed on both ends of the runway, the VASI helps ensure that aircraft make the proper approach for landing by indicating the appropriate glide angle as a visual reference to pilots approaching the Airpark. The twenty-year lease was approved by City Council in 1985 and will expire September 30, 2005. The renewal term on the new lease would expire September 20, 2025. Closure of the Airpark prior to the lease term would automatically terminate the lease, There would be no obligation to retain the airpark as an airpark. The VASI lights would be removed and used elsewhere by the FAA. The only requirement this lease puts on the City is to properly maintain the approach clearances free of trees and other obstructions so that the VASI lights can be seen by approaching pilots, Originating: Marine and Aviation Section Consent Agenda Category: Agreements/Contracts - without cost Public Hearing: No Financial Information: Review Aooroval Bill Morris 09-01-2005 14:26:06 Garrv Brumback 09-21-2005 10:22:53 Brvan Ruff 09-06-2005 10:02:39 Bill Horne 09-23-2005 12:53:25 Cvndie Goudeau 09-23-2005 15:44:54 FEDERAL AVIATION ADMINISTRATION LAND LEASE '~e ". \r'i9-. - \ ~e. " \\ . \ U.S. Department of Transportation Lease No.: DTFASO-06-L-00040 Facility : VASI/Rwy. 16/34 Location : Clearwater, FI. LEASE Between CITY OF CLEARWATER and THE UNITED STATES OF AMERICA THIS LEASE, made and entered into this day of year 2005, by and between the CITY OF CLEARWATER whose address is: , in the Marine and Aviation Department 25 Causeway Blvd. Clearwater, Florida 33967 hereinafter referred to as the Lessor and the United States of America, hereinafter referred to as the Government: WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 1. PREMISES The Lessor hereby leases to the Government the following described property located at the Clearwater Air Park, hereinafter referred to as the premises, viz: LEGAL DESCRIPTION - VISUAL APPROACH SLOPE INDICATOR (VASI) SITE - RWY. 16/34 VASI Area - Runwav 16 Downwind Bar: From the Point of Start (POS), being the intersection of the threshold and the centerline of Runway 16, proceed S25013'17" E, along said centerline a distance of 175 feet to the Point of Beginning NO.1 (POB 1); thence N64046'43" E, a distance of 87.5 feet to the downwind inboard unit #1; thence N64046'43" E, a distance of 16 feet to the downwind outboard unit #2. Upwind Bar: From the POS, proceed S25013'17" E along the runway centerline a distance of 675 feet to the Point of Beginning NO.2 (POB 2); thence N64046'43" E, a distance of 87.5 feet to the upwind inboard unit #1; thence N64046'43" E, a distance of 16 feet to the upwind outboard unit #2 as shown on Drawing DNR5PJ0001 and hereby made a part of this agreement. Obstruction Clearance Requirement Federal Aviation Administration DTFASO-06-L-00040 Page 1 of 7 LA-10/96 To prevent a future violation of the VASI siting criteria and to ensure that no obstruction penetrates the clearance plane during the life of the facility, the Lessor shall maintain a 1.50 clearance plane, defined as a plane measured from the horizontal at the downwind bar, which is 10 below the aiming angle of the downwind bar, 100to either side of the extended runway centerline and extending outward from the downwind bar a distance of four nautical miles. V ASI AREA - Runwav 34 Downwind Bar: From the Point of Start (POS), being the intersection of the displaced threshold and the centerline of Runway 34, proceed N25013'17" W along said centerline a distance of 175 feet to the Point of Beginning No.1 (POB 1); thence N64046'43" E, a distance of 87.5 feet to the downwind inboard unit #1; thence N64046'43" E, a distance of 16 feet to the downwind outboard unit $2. Upwind Bar: From the POS, proceed N25013'17" W along the runway centerline a distance of 675 feet to the Point of Beginning NO.2 (POB 2); thence N64046'43" E, a distance of 87.5 feet to the upwind inboard unit #1; thence N64046'43" E, a distance of 16 feet to the upwind outboard unit #2 as shown on Drawing DNS5PJ0001 and hereby made a part of this agreement. Obstruction Clearance Requirement To prevent a future violation of the VASI siting criteria and to ensure that no obstruction penetrates the clearance plane during the life of the facility, the Lessor shall maintain a 1.50 clearance plane, defined as a plane measured from the horizontal at the downwind bar, which is 10 below the aiming angle of the downwind bar, 100to either side of the extended runway centerline and extending outward from the downwind bar a distance of four miles. (a) Together with a right-of-way for ingress to and egress from the premises; a right-of-way for establishing and maintaining a pole line or pole lines for extending electric power and/or telecommunication lines to the premises; and a right-of-way for subsurface power, communication and/or water lines to the premises; all rights-of-way to be over the said lands and adjoining lands of the Lessor, and unless herein described otherwise, to be by routes reasonably determined to be the most convenient to the Government. (b) And the right of grading, conditioning, and installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of Government facilities. (c) And the right to make alterations, attach fixtures, and erect additions, structures, or signs, in or upon the premises hereby leased, which alterations, fixtures, additions, structures or signs so placed in or upon, or attached to the said premises shall be and remain the property of the Government, and shall be removed upon the date of expiration or termination of this lease, or within ninety (90) days thereafter, by or on behalf of the Government, or its grantees, or purchasers of said alterations, fixtures, additions, structures, or signs. (10/96) 2. TERM To have and to hold said premises with their appurtenances for the term beginning October 1, 2005 through September 30, 2006, subject to termination and renewal rights as may be hereinafter set forth. 3. RENEWAL Federal Aviation Administration DTFASO-06-L-00040 Page 2 of 7 LA-10/96 This lease may, at the option of the Government, be renewed from year to year and otherwise upon terms and conditions herein specified. The Government's option shall be deemed exercised and the lease renewed each year for one year unless the Government gives thirty (30) days notice that it will not exercise its option, before this lease or any renewal thereof expires; PROVIDED, that no renewal thereof shall extend the period of occupancy of the premises beyond September 30, 2025 4. CONSIDERATION The Government shall pay the Lessor no monetary consideration in the form of rental, it being mutually agreed that the rights extended to the Government herein are in consideration of the obligations assumed by the Government in its establishment, operation and maintenance of facilities upon the premises hereby leased. (Aug-02) 5. TERMINATION The Government may terminate this lease, in whole or in part, at any time by giving at least thirty (30) days notice in writing to the Lessor. Said notice shall be sent by certified mail. 6. NON-RESTORATION It is hereby agreed between the parties, that upon termination of its occupancy, the Government shall have no obligation to restore and/or rehabilitate, either wholly or partially, the property which is the subject matter of this lease. It is further agreed that the Government may abandon in place any or all of the structures and equipment installed in or located upon said property by the Government during its tenure. Such abandoned equipment shall become the property of the Lessor. Notice of abandonment will be conveyed by the Government to the Lessor in writing. (10/96) 7. INTERFERENCE WITH GOVERNMENT OPERATIONS The Lessor agrees not to erect or allow to be erected any structure or obstruction of whatsoever kind or nature on the site or adjoining land within the airport boundaries that may interfere with the proper operation of the facilities installed by the Government under the terms of this Lease unless consent hereto shall first be secured from the Government in writing. (10/96) 8. FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES. The Lessor agrees that any relocation, replacement, or modification of any existing or Future Government facilities covered by this Lease during its term or any renewal thereof made necessary by airport improvements or changes which in the Government's opinion interfere with the technical and/or operational characteristics of the Government facilities will be at the expense of the Lessor except when such improvements or changes are made at the written request of the Government. In the event such relocation's, replacements, or modifications are necessitated due to causes not attributable to either the Lessor or the Government, funding responsibility shall be determined by the Government. (Ref: AlC 150/5300-7B) 9. HAZARDOUS SUBSTANCE CONTAMINATION The Government agrees to remediate, at its sole cost, all hazardous substance contamination on the leased premises that is found to have occurred as a direct result of the installation, operation, and/or maintenance of the Government's facilities. The Lessor agrees to remediate or have remediated, with no cost to the Government, any and all other hazardous substance contamination found on the leased premises. To the extent provided by applicable federal and state laws, the Lessor also agrees to save and hold the Government harmless for any and all costs, liabilities and/or claims by third parties that arise out of hazardous contamination found on the leased premises not directly attributable to the installation, operation and/or maintenance of the Government's facilities. (10/96) 10. QUIET ENJOYMENT Federal Aviation Administration DTFASO-06-L-00040 Page 3 of 7 LA-10/96 The Lessor warrant that they have good and valid title to the premises, and rights of ingress and egress, and warrants and covenants to defend the Government's use and enjoyment of said premises against third party claims. (10/96) 11. OFFICIALS NOT TO BENEFIT No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's general benefit. (10/96) 12. COVENANT AGAINST CONTINGENT FEES The Lessor warrant that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of the contingent fee. (10/96) 13. ANTI-KICKBACK The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from (1) Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting, or attempting to accept any kickback; or (3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor. (10/96) 14. PROTEST AND DISPUTES (a) All contract disputes arising under or related to this contract shall be resolved through the Federal Aviation Administration (FAAO dispute resolution system at the Office of Dispute Resolution for Acquisition (ODRA) and shall be governed by the procedures set forth in 14 C.F.R. Parts 14 and 17, which are hereby incorporated by reference. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. A contractor may seek review of a final FAA decision only after its administrative remedies have been exhausted. (b) The filing of a contract dispute with the ODRA may be accomplished by mail, overnight delivery, hand delivery, or by facsimile. A contract dispute is considered to be filed on the date it is received by the ODRA. (c) Contract disputes are to be in writing and shall contain: (1) The contractor's name, address, telephone and fax numbers and the name, address, telephone and fax numbers of the contractor's legal representative (s) (if any) for the contract dispute. (2) The contract number and the name of the Contracting Officer. (3) A detailed chronological statement of facts and of the legal grounds for the contractor's positions regarding each element or count of the contract dispute (Le., broken down by individual claim item), citing to relevant contract provisions and documents and attaching copies of those provisions and documents. (4) All information establishing that the contract dispute was timely filed. Federal Aviation Administration DTFASO-06-L-00040 Page 4 of 7 LA-10/96 1____ (5) A request for a specific remedy, and if a monetary remedy is requested, a sum certain must be specified and pertinent cost information and documentation (e.g., invoices and cancelled checks) attached, broken down by individual claim item and summarized; and (6) The signature of a duly authorized representative of the initiating party. (d) Contract disputes shall be filed at the following address: (1) Office of Dispute Resolution for Acquisition, AGC-70 Federal Aviation Administration 800 Independence Ave., S.W., Room 323 Washington, DC 20591 Telephone: (202) 267-3290 Facsimile: (202) 267-3720; or (2) other address as specified in 14 CFR Part 17. (e) A contract dispute against the FAA shall be filed with the ODRA within two (2) years of the accrual of the contract claim involved. A contract dispute by the FAA against a contractor (excluding contract disputes alleging warranty issues, fraud or latent defects) likewise shall be filed within two (2) years after the accrual of the contract claim. If an underlying contract entered into prior to the effective date of this part provides for time limitations for filing of contract disputes with the ODRA, which differ from the aforesaid two (2) year period, the limitation periods in the contract shall control over the limitation period of this section. In no event will either party be permitted to file with the ODRA a contract dispute seeking an equitable adjustment or other damages after the contractor has accepted final contract payment, with the exception of FAA claims related to warranty issues, gross mistakes amounting to fraud or latent defects. FAA claims against the contractor based on warranty issues must be filed within the time specified under applicable contract warranty provisions. Any FAA claims against the contractor based on gross mistakes amounting to fraud or latent defects shall be filed with the ODRA within two (2) years of the date on which the FAA knew or should have known of the presence of the fraud or latent defect. (f) A party shall serve a copy of the contract dispute upon the other party, by means reasonably calculated to be received on the same day as the filing is to be received by the ODRA. (g) After filing the contract dispute, the contractor should seek informal resolution with the Contracting Officer. (h) The FAA requires continued performance with respect to contract disputes arising under this contract, in accordance with the provisions of the contract, pending a final FAA decision. (i) The FAA will pay interest on the amount found due and unpaid from (1) the date the Contracting Officer receives the contract dispute, or (2) the date payment otherwise would be due, if that date is later, until the date of payment. Simple interest on contract disputes shall be paid at the rate fixed by the Secretary of the Treasury that is applicable on the date the Contracting Officer receives the contract dispute and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary until payment is made. 0) Additional information and guidance about the ODRA dispute resolution process for contract disputes can be found on the ODRA Website at http://www.faa.gov. 15. LESSOR'S SUCCESSORS The terms and provisions of this lease and the conditions herein bind the Lessor and the Lessor's administrators, successors, and assigns. (10/96) 16. SUBORDINATION, NONDISTURBANCE AND ATTORNMENT The FAA agrees, in consideration of the warranties herein expressed, that this lease is subject and ~ISUbordina..te to any and all recorded deeds of trust, mortgages and other security instruments now or hereafter Federal Aviation Administration Page 5 of 7 DTFASO-06-L-00040 LA-10/96 -------..-...----- imposed upon the premises, so long as such subordination shall not interfere with any right of the Government under this lease. It is mutually agreed that this subordination shall be self-operative and that no further instrument shall be required to effect said subordination. In the event of any sale of the premises, or any portion thereof, or any such transfer of ownership, by foreclosure of the lien or any such security instrument, or deed provided in lieu of foreclosure, the FAA will be deemed to have attorned to any purchaser, successor, assigns, or transferee. The succeeding owner will be deemed to have assumed all rights and obligations of the Lessor under this lease, establishing direct privity of estate and contract between the Government and said purchasers/transferees, with the same force, effect and relative priority in time and right as if the lease had initially been entered into between such purchasers or transferees and the Government; provided that such transferees shall promptly provide, following such sale or transfer, appropriate documentation deemed necessary by the Real Estate Contracting Officer, and shall promptly execute any instrument, or other writings, as shall be deemed necessary to document the change in ownership. (Oct-96) 17. NOTIFICATION OF CHANGE OF LAND TITLE If the Lessor sells or otherwise conveys to another party or parties any interest in the aforesaid land, rights of way thereto, and any areas affecting said demised premises, they shall immediately notify the Government, in writing, of any such transfer or conveyance affecting the demised premises within 30 calendar days after completion of the "change in property rights". Concurrent with the written notification, the Lessor shall provide the Government copies of the legal document(s) (acceptable to local authorities) for transferring and or conveying the property right. (Aug-02) 18. SPECIAL STIPULATION The Lessor agrees that no object should penetrate a triangularly shaped plane which ends on the first light bar and flares uniformly 100 on either side of the extended runway centerline and extends outward from the threshold for four nautical miles. 19. This lease replaces Lease No. DOTFA85S0-13619, which expires on September 30,2005. 20. NOTICES All notices/correspondence shall be in writing, and shall be addressed as follows (or to such other address as either party may designate from time to time by notice or correspondence to the other) (10/96): TO LESSOR: City of Clearwater Marine & Aviation Department 25 Causeway Blvd. Clearwater, Florida 33967 TO GOVERNMENT: Federal Aviation Administration Real Estate Branch, ASO-56 P. O. Box 20636 Atlanta, Georgia 30320 IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date above written. Federal Aviation Administration DTFASO-06-L-00040 Page 6 of 7 LA-10/96 CITY OF CLEARWATER BY: (signature) UNITED STATES OF AMERICA By (official Title) Ronnie Johnson Federal Aviation Administration DTFASO-06-L-00040 (official title (date) (date) Page 7 of 7 LA-10/96 I t:;Utll ell I""'\VIClLIVII I""'\UIIIIIII.::tLl ClLlVII DTFASO-06-L-00040 i "'... i . '" ~ z 0 ~ i!i'" ~~ cZ fi wo ~< kZ ! iSQ i kl- ~19 ~ ! ~~ ::E> ~I~; d :;j ; ~< ;; a all f...J iili .~ ~ ~ ~ ~C2 o_ee w o. i:d ~ .. .< "" u..; i~"" lttQQ ;g~U ~~ ~I --=r i5~~ - ~ ~~lll Q~l:!k i!~i! ~I! i!;; lii~= "1'---- ).f" . 9h o!l9 . -~,_._._.._--~.----- ---_..,...~.- ., ua (tlll-liI,j n ., ~ ,91 ~ ~ ;:, ~ 0 .. .. ,.... => 0 9 ., <> .. >- ., 8 " "'" " -J :;; r- >- g I "" W -' >- -.J b1 >- ~ ;: c.. ~ " K ~ ~ . ~ ~ ..; '" ~ " ~ .. '" J.f:'" ~ 'JIl: .;9 . __'.Y~_'_n~_ 'H (IN '."....00 - f IV l ~ .: r a~v v VI , LA-10/96 f N / ~ '" ~ i ~~; 0...3 . ",,,,(5l(J '"''lllC...J ~",tji ~:i)-.-::I .....0 ~d;: ""....A~ ili",CS'" i~~E ",!'...i::i~ !!liS "- ~~~a ~-~ ~t~ .... '" !~f5iE ~~E~ gei!l"- ij~~ uiP-i3 ~?1~~ ~~~S I 'eyeICl. MVICLIVII MUIIIIIlI"'UClLlUII DTFASO-06-L-00040 t Ei !i' ~ i ~ U !II <; ls ~ I: g l< ~ ;:; 11 ~ ~ " ~ e c kI L L i ~ ~ Q " ~ " ~ " Q Q . L " " ~ ., " ~ i i ;c.t",j~ ne' ,J1i1."i1 z o t= <( %a: Qf- ~Ul <- :':z c- ..:E "'0 :< ~z ~o 0_ ~... ~~ :>> ~<( ~...J w< OCt: W o W .... _ ~ \!f'~ V) Vl ~ ~ :: ~ ! ~ ~ ~ ra\::t"";:J VI' LA-10/96 ?~-\ ~a...... ...- ..... at.... u~ City Council .__"",~Bendi!,w,fover ~el!!or~!!,~,!:!!!I__" \ \ . d Trackino Number: 1,579 Actual Date: 10/06/2005 Subject / Recommendation: Approve Amendment to Agreement with Progress Energy Florida, Inc, to provide a sidewalk across the Progress Energy right-of-way at Countryside Community Park and authorize the appropriate officials to execute same. ( Summary: In November 1995, the City of Clearwater entered into a License Privilege Agreement with Florida Power Corporation <now known as Progress Energy Florida, Inc.) to allow parking on the Progress Energy right-of-way at the Countryside Community Center, At that time, two driveways were included in the License Agreement to allow vehicles to cross over the oil pipeline on the Progress Energy right-of-way, The City Council approved an amendment to this agreement on June 19, 2003 to add an additional driveway to cross the oil pipeline to accommodate the new facility maintenance building. In order to improve access for two handicap parking spaces adjacent to the ballfields at Countryside Community Park an additional amendment is needed to install a sidewalk from the parking lot, across the oil pipeline to existing sidewalk in the park. There is no additional cost associated with this amendment. Currently, the City pays Progress Energy $6,000 per year to lease this property for parking, A copy of the Amendment and Agreement is available for review in the Official Records and Legislative Services office, Originating: Parks and Recreation Section Consent Agenda Cateoorv: Agreements/Contracts - without cost Number of Hard Copies attached: 1 Public Hearing: No Financial Information: Review Approval Kevin Dunbar 08-31-2005 15:53:23 Garrv Brumback 09-21-2005 11 :36:57 Laura Lioowski 09-01-2005 .13:58:07 Bill Horne 09-23-2005 12:52:34 ~~ l.I~ Cyndie Goudeau City Council =_mm~gend_!,.,~over M~moral!~.!:!.!!! 09-23-2005 15:45:52 I City of Clearwater NC 74 to NC 75 230 KV Line and Hot Oil Pipeline Re,,' r{2..-\ ~'. '\.d ETS #20050218 AMENDMENT TO LICENSE AGREEMENT This Amendment to License Agreement (hereinafter referred to as the "Amendment"), made and entered into on this day of , 2005, by and between PROGRESS ENERGY FLORIDA, INe., a Florida Corporation (PEF), whose mailing address is 3300 Exchange Place, Lake Mary, FL 32746 (hereinafter sometimes referred to as "LICENSOR"); and City of Clearwater ( Park and Recreation Department) whose mailing address is P.O. Box 4748, Clearwater, Florida 34618 (hereinafter referred to as "LICENSEE"), herein; WITNESSETH WHEREAS, LICENSOR and LICENSEE have heretofore entered into that certain License Agreement -dated 9 Nov., 1995 (hereinafter referred to as the "Agreement"), a copy of which is attached hereto as a composite "EXHIBIT A" and is, by this reference, made a part hereof, which Agreement established the terms and conditions pursuant to which LICENSOR agreed to allow LICENSEE the privilege and license to occupy and utilize a portion of the NW . 1/4 of Section 29, Township 28 South, Range 16 East, Pinellas County, Florida being hereinafter referred to as the "License Area" and with the location and extent of said License Area being substantially as depicted on print of sketch attached hereto in "EXHIBIT A"; and WHEREAS, LICENSEE has been granted the limited privilege and license to occupy and utilize the License Area for a Parking Area; and access drive WHEREAS, the parties to the Agreement are willing to make such Amendment to License Agreement; NOW, THEREFORE, in consideration of the premises and the mutual covenants, agreements, conditions, and warranties of the parties to the Agreement and this Amendment, it is hereby covenanted and agreed by and between the parties as follows: 1. The Agreement is hereby amended and modified as follows: Extend concrete sidewalk to two handicap parking spaces per exhibit "B"; 2. Except as herein amended and modified, all of the temls, conditions, covenants, agreements, representations, and warranties of the Agreement are and shall remain in full force and effect. 3. LICENSOR, by this execution hereof, hereby represents, warrants, and certifies that, to the best of its information and belief, LICENSEE has fully performed all of its duties and obligations under the Agreement and that, to the best of LICENSOR's information and belief, the Agreement is not in default as of the date hereof. Page 1 of2 4. LICENSEE agrees that all sidewalks, driveways and roadways placed within PEF's right-of-easement strip shall be designed to be driven over and constructed to Florida Department of Transportation Roadway Design Standards for vehicles weighing in excess of 100 tons. 5. LICENSEE agrees that LICENSOR will not be responsible to replace, repair or pay for any damage to Licensee's facilities located within PEF's right-of-easement strip incurred during the construction, operation and maintenance of LICENSOR's facilities 6. LICENSEE, by its execution hereof, hereby represents, warrants, and certifies, that, to the best of its information and belief, LICENSOR has fully performed all of its duties and obligations under the Agreement and that, to the best of LICENSEE's information and belief, the Agreement is not in default as of the date hereof. IN WITNESS WHEREOF, the said LICENSOR and LICENSEE have caused these presents to be executed in their respective corporate names by their proper officers thereunto duly authorized and their respective corporate seals to be hereunto affixed and attested, all as of the day and year first above written. WITNESSES: PROGRESS ENERGY FLORIDA, INC. (as LICENSOR) BY:flJ~ Sarah S. Rogers Vice President Transmission ,...."_c. Attest: ::: ( . UtLnr~ (\L\COle uVIi1 Countersigned: CITY OF CLEARWATER, FLORIDA (as LICENSEE) Franl<: Hibbard Mayor-Commissioner By: ~x Approved as to form: L~R!::: ASSIstant City Attorney Willianl B. Home, II City Manager Attest: Cynthia E. Goudeau City Clerk Page 2 of2 EXK\B\l A S-95-6 5/11/95 ILR 10: n "'LoLjI ~ 5 ?J? C, Tif: ~6/~7 LrCEN~E AGREEMENT TIllS LIMITED liCENSE PRIVILEGE AGREEMENT, Made and entered into this q-~l-day of ~ 1995, by and between FLORIDA POWER CORPORATION, a Florida corporation, "llCENSOR" herein, and City of Clearwater (Parks and Recreation Department), P.O.. Box 4748, Clearwater, Florida 34618, "LICENSEE" herein; WITNESSETH: WHEREAS,UCENSOR is the owner of the fee simple title to (among other lands) area of said site being hereinafter referred to as the "License Area" and generally described as shown on sketch attached hereto as Exhibit "A" and by this reference incorporated herein and made a part hereof; and WHEREAS, UCENSEE is desirous of acquiring from LICENSOR the limited privilege and license to occupy and utilize the License Area for an asphalt parking lot; and WHEREAS, liCENSOR is willing to grant to LICENSEE the desired limited privilege and license for such occupancy and..utilization, subject to certain terms and conditions as stipulated below along with specific requirements as shown on attached Exhibit "B" and by this reference incorporated herein and made a part hereof. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: A. That UCENSOR hereby grants to LICENSEE, and LICENSEE hereby accepts from llCENSOR,' the limited privilege and license to occupy and utilize the License Area for the sole purpose of an asphalt parking lot together with such other limited privilege and license as may be reasonably necessary or convenient for the full enjoyment of the License Area for the above purpose only. B. That for and in consideration of the foregoing limited privilege and license, the llCENSEE hereby covenants to pay to liCENSOR a yearly fee, in an initial amount of $6,000.00, payable in advance together with applicable Florida State Sales Tax in addition thereto, commencing 1- June 1, 1995, for each and every calendar year while this limited privilege and license remains in effect. The yearly fee may be recomputed each subsequent year by liCENSOR and may be adjusted as appropriate to reflect fluctuations in the real estate value and other variables attributable to the License Area according to standard CPr. liCENSOR shall mail a yearly billing invoice to liCENSEE, and liCENSEE's advance yearly fee checks shall be made payable to FLORIDA POWER CORPORATION and mailed to LICENSOR. C. It is expressly stipulated by the said LICENSOR and LICENSEE that this License Agreement is a license for permissive use only and that the placing of any improvement upon the property pursuant to this Agreement shall not operate to create or vest any property right in said LICENSEE. r~-~'~::'.,:.,." ~:--,:~~:\~ ~ ~ ~ . . ~- .... .- --....... . '- p7i=?f:::L] i -- cr--, ; ,c::-Mv ; ..J i.' / ~. .. ".. "'~'--- '-.. -~~.....__.. ~_.-. .-.-."-...... D. It is expressly stipulated by the said UCENSOR and LICENSEE that the privileges provided herein create no perpetual rights but detenninable privileges depending solely on the conditions in this Agreement and at no time shall this License Agreement be construed as a License coupled with an interest. E. That UCENSOR's consent to liCENSEE's use of the property described herein is limited. Such conditional and restricted consent creates privileges in the LICENSEE to use the land only insofar as compliance with the conditions herein is continued. F. That liCENSOR expressly reserves unto itself, its successors, lessees and assigns, the continued right to occupy and utilize the entire License Area and to grant to other parties such privileges affecting the License Area as are not inconsistent with privileges herein granted. G. That liCENSOR agrees to inform LICENSEE thirty (30) days before constructing additional electrical facilities within the License Area so that liCENSEE can relocate or remove the utilization described herein should UCENSOR determine that such utilization would interfere with UCENSOR's facilities or use of said area. H. That upon UCENSEE's breach of any covenant or condition contained herein, this License Agreement after written notification by UCENSOR to UCENSEE of such breach and upon failure of UCENSEE to remedy or remove such breach within a period of five (5) worldng days after receipt of such written notification, shall cease and terminate and shall become null and void and the privilege and license herein granted shall thereupon immediately revert to the UCENSOR in absolute, and UCENSEE shall forfeit the remainder of the yearly fee; however, UCENSOR expressly does not waive any rights of recourse UCENSOR may have against UCENSEE for damages sustained by UCENSOR as a result of such breach. 1. That UCENSOR hereby expressly reserves the right to revoke this License Agreement at will by giving UCENSEE thirty (30) days' written notice, and liCENSEE shall have no right to compensation for any expenditures by liCENSEE upon revocation of this License Agreement, except the UCENSOR shall return the unearned portion, if any, of the yearly fee paid by UCENSEE hereunder. J. That any costs, attorney's fees or expenses incurred by LICENSOR in construing or enforcing this License Agreement shall be borne by the UCENSEE. K. That this privilege and license is personal to liCENSEE and shall not be assigned or transferred in whole or in part without the express prior written consent of LICENSOR, which consent of UCENSOR shall be solely at liCENSOR's discretion. L. That the validity of this Agreement is contingent upon LICENSEE first obtaining proper zoning, authority, approval and/or permit from the appropriate governmental body or public agency having jurisdiction over such utilization at this location. If such zoning, authority, approval and/or permit is not secured, this Agreement will be considered null and void. t--'--..--......... l ~~\i!T~/.\L ! i~j 1-.-..--___.____. __ fi:T\':7Il lWtY ~ L.-____.1 Page 2 of 5 Pages M. That liCENSOR shall not be liable for any damages to LICENSEE's utilization howsoever resulting from LICENSOR's continued use and occupancy of the License Area; LICENSOR, however, shall not willfully cause undue damage to UCENSEE's utilization. N. That UCENSOR's Transmission Rights-of-Way Inspector (i.e., Mr. Terrence L. Whitecar or his designated alternate, telephone 813/ 866-5109, St. Petersburg) shall be notified by LICENSEE at least forty-eight (48) hours prior to liCENSEE's commencing initial activities within the License Area. O. That LICENSEE shall comply with all federal, state and local laws, rules and regulations in respect to the use of the corridor. LICENSEE shall not store, dispose of, treat or generate any hazardous waste or hazardous substance on the corridor without the express advance written approval from UCENSOR. Approval from UCENSOR shall be solely at the LICENSOR's discretion. The terms "hazardous waste" or "Hazardous substance" shall be as defmed in 40 C.F.R. Part 261 and in 40 C.F.R. Part 300. Failure to comply with this Paragraph "0" shall be cause for immediate cancellation of this Agreement and UCENSEE expressly agrees to be liable to UCENSOR pursuant to Paragraph "X(e)" for any violation of this Paragraph "0". P. That a free and easily passable twenty foot (20') wide accessway be retained along the length of the License Area and to all transmission structures for use by LICENSOR for emergency access and for normal maintenance:and patrol pUlposes. Q. That liCENSEE shall not use a dragline or cable type crane within the License Area. R. That UCENSEE shall adhere to provisions in NESC regarding clearances between ground level and electric conductors. Ground elevation must not be increased more than two feet (2'). S. That if the utilization area is fenced UCENSEE shall install a sixteen foot (16') wide gate in the fence maldng that portion of the License Area accessible. Gate should have a lock installed by UCENSOR. - T. That LICENSEE shall assume the sole duty, responsibility and obligation of mowing and otherwise maintaining the surface of the portion of the License Area upon and across the land involved in a condition compatible with the surrounding area. U. That the entire disturbed area within the License Area including LICENSOR's patrol road, shall be restored by UCENSEE to a condition at least as good as that which existed prior to construction. V. That upon completion of operations, UCENSEE shall notify UCENSOR's Transmission Rights-of-Way Inspector heretofore mentioned in above Paragraph "N" for inspection of the License Area. W. That LICENSEE shall furnish LICENSOR with a set of as-built drawings within thirty (30) days of fmal construction. G7~;.r;j\~ i~-._"'L"-_'._ I ! , : ~ ~ .... . ......~..... .. ,., nN~I7 if~.D ; Page 3 of 5 Pages J. That UCENSEE hereby expressly understands, covenants and agrees (a) that nothing contaihed in this Agreement or contemplated is intended to or shall increase UCENSOR's liability for pe sonal injury or death or for any property damage, (b) that UCENSOR does not assume any such dditional liability, (c) that liability arising out of the utilization and occupancy of UCE SOR's License Area by liCENSEE and UCENSEE's employees, agents, contractors, invit s or any representative, is hereby assumed by UCENSEE and shall be at the sole and exclu 've risk of UCENSEE, (d) that UCENSEE shall answer and satisfy to LICENSOR's satisf tion any and all complaints relative to LICENSEE's utilization of UCENSOR' s LicenseArea (e) th t liCENSEE shall protect, defend, hold harmless and indemnify liCENSOR to the fullest extentl permitted by law from and against any and all actions, claims, damages and/or loss, includ ng, but not limited to actions or claims from UCENSEE's employees, contractors, and includ g, but not limited to, claims for remediation, damages or fines from governmental entities, which may be assessed now or in the future, together with any costs attorney's fees, occasioned by or gr wing out of any actual or claimed usage or condition of the License Area arising in any mann r whatsoever, directly or indirectly, by reason of this Agreement for liCENSEE's utilization thereo , and (f) that LICENSEE covenants not to interfere with UCENSOR's existing and future high oltage electric transmission lines and related facilities in any manner whatsoever and shall fully i demnify LICENSOR from any and all losses as in Section "(e)" above resulting from such . interfi rence. That UCENSEE's operations, activities and equipment used within the License Area beneat or in proximity to any of :UCENSOR's electric facilities shall, at all times, be in strict comp ance with applicable provisions of the National Electrical Safety Code (NESC) and the Occup tional Safety and Health Act of 1971 (OSHA). UCENSEE is further notified and hereby agrees to so notify any of LICENSEE's employees, agents, contractors, representatives or other perso engaging in UCENSEE's activities upon said License Area with LICENSEE's knowledge and u der LICENSEE's supervision or control, that extreme caution is necessary around all of UCE SOR's electrical facilities, supporting structures, anchor guys or related appurtenances, and in the vent of any damages or injuries, UCENSEE shall immediately report the nature and extent thereo to UCENSOR's nearest local office. Z That as a safeguard in respect to Paragraph "X" above, LICENSEE will maintain at its own c st and expense from an insurance company licensed to do business in the State of Florida, or pro ide as a qualified self-insured Florida public entity general liability coverage with bodily injury d property damage limits not less than $100,000 each person and $200,000 each occurrence plus y excess liability insurance coverage purchased by liCENSEE. The purchase of excess liabilit insurance shall be at the sole option of the DCENSEE, but prior to commencing initial construction activities within the License Area, LICENSEE will furnish UCENSOR with a certifidate of insurance or a letter of self insurance showing insurance coverage as provided for in said Pkgraphs "X" and "Z" hereof. I Page 4 of 5 Pages ;-,:~._l_-:-:;.:-:_.~.,: ~ ;'.: ~ ~ =....:.. -'... , ; ~ I - ....:'-.. 0=0............-.0;..: ~ -_.J.. r~1:~?(=;',~\~:-1 iZ;Wy ~ ;_..__.._.__~. ,J IN WITNESS \VHEREOF, the said UCENSOR and liCENSEE have caused these presents to be executed in their respective cOIporate names by their proper officers thereunto duly authorized and their respective cOIporate seals to be hereunto affIxed and attested, all as of the day and year fIrst above written. WITNESSES: FLORIDA POWER CORPORATION (as LICENSOR) ~~~ L~-IJJ~ By VlITNESSES : City of Clearwater, (as LICENSEE) 4~ r'ow~i? /~<fS ,., /y l.O, . ~ l~GAL OEPT; ':0 ;.. :' F F/ 0 V l: 0 ( P.~ic .s/~j;:'~ \ ---=-- .~ 5y~ / "'--------/ ~p(Uli)a(Jw c.~~.~ By VcZ ~r ~c~-c~~~ APprovld as to form: p/ ,~ City Attorney Page 5 of 5 Pages ~ '. ;.. . '", .: ~! ....--.......-.........- 1 ~ .~'..; : . : . i .io.; . I.. l~p :.Su~ ::JZ:2 :n_O '.I) .. ~ <:tcr)~ +I-=< , z ()O -w'" c2f-~ WI~ f-()W t::a:5 c:l<:t:~ ..~ IIJIll;< --0( ffi\ t I(~~~ :~ ~rg= \ c I , ~ & .r c~ I y, ul ._.n_._... ., '. J: ..J ~ r .u ,[I ~ I \ , ~ W \---, '.-r'" "' J. ,\(I '" ....... ~ ~ lu r'~'--" :-:;- f:\ \ ,._~....~:-,",:,,,, I \:~'~ y .~"'!!()~~} SfECLEIC REQUIREMENTS for an asphalt parking lot (200-300 parking spaces) 1. at other than UCENSOR's facilities, no overhead wires, poles, light standards, umpsters, signs, trees, buildings, Structures or obstacles shall be located, constructed or nstalled within the License Area without written approval by LICENSOR. 2. at pole protection be provided for Structure No. NC-73 because the utilization is located ithin twenty-five feet (25') of this structure. UCENSEE shall provide and install traffic arriers as specified by UCENSOR's field representative. 3. at the near edge of liCENSEE's roadway .shall be a minimum distance of fIfteen feet 15') froll any of LICENSOR's structure or guying. 4. at all excavations for UCENSEE's utilization shall be a minimum oftwenty-five feet (25') rom the nearest edge of UCENSOR's transmission structures or guying. 5. hat any shrubbery planted by UCENSEE within the License Area shall be of a variety not xceeding twelve feet (12') in height at maturity. 6. hat any sprinkling system which play be installed by liCENSEE within the License Area hall spray no closer than twenty-fIve feet (25') from the nearest edge of UCENSOR's tructures or guying and to a maximum height of ten feet (10'). 7. at any and all piping and/or culverts (cables) installed by UCENSEE within the License ea shall have sufficient earth cover to prevent breakage due to the operation of ICENSOR's vehicles and heavy equipment within the right-of-way. 8. at no below ground grade drainage or facilities be installed by liCENSEE within the icense Area without UCENSOR's review and written approvaL 9. rat liCENSEE agrees that no refueling operations take place within the right-of-way. 10. that all parked vehicles within the License Area shall be motor vehicles of an operative and lransient nature; mobile homes, office trailers or carriers of explosive materials are Trohibited. That UCENSEE agrees to furnish and install permanent markers showing the location of the ~nderground facilities within the License Area. Said markers shall be UCENSEE's lesponsibility at all times. 11. "EXHIBIT B" Page 1 of 5 Pages .-------"-1 f ~~,,~~.~~l/~L , J 1?#/p..J 'W." ........~......#'I !_ __._,u..._......,.";. ;/?WY:~.Y(f.:'- I ~ ~. '.."'.. <.' "'-., 12. hat UCENSEE shah notify liCENSOR's Supervisor of Transmission Underground (i.e., . W. Case or his designated alternate, telephone 813/866-5729, St. Petersburg) at least orty-eight (48) hours prior to LICENSEE's performing any excavation within the License ea in order that liCENSOR may arrange for an authorized representative to be on site to ssist in establishing the existing location of FPC' s underground fuel oil pipeline and to bserve all excavation activities in proximity to said pipeline within the License Area. 13. at liCENSEE shall make special note of Guidelines involving UCENSOR's oil pipeline ttached as Pages 3 of 4 and 4 of 4 of Exhibit liB", by this reference incorporated herein and ade a part hereof, and APPliCANT shall comply fully with said Guidelines. 14. hat no environmental permits will encumber liCENSOR's properties. 15. at aU retention will be on UCENSEE's property. 16. at post be installed to prevent driving over oil pipeline. 17. at no parking be allowed over oil pipeline. 18. at driveways over pipeline will have casing or concrete slab that will comply with CENSOR's Engineers specifications. 19. at liCENSOR's representative will be present at construction.. 20. at DOT barriers be insta1l~ at 10 feet (10') around tower NC-73. EXHIBIT B" Page 2 of 5 Pages r~T~~;~l' ):~7:"!; ;~j L _____..,.......-.-_:~.__,~, .~: GUIDELINES FOR CONSTRUCTION CROSSING OF THE BfA OIL PIPELINE The Florida Power Corporation-Bartow to Anclote Thermal insulated oil transport line has been installed and is operated in compliance with Title 49-Part 195 Federal O.O.T. - Transportation of Liquids by pipeline. The line is 14" in diameter coated and insulated for a total outside diameter of 17.5". 1. Buried Structures - Crossinq Situations The minimum clearances required for crossing situations of the B/A oil line and proposed other lines or structures follows: a. Maintain 12 inches of clearance between the oil line and other pipes or structures being buried and crossing the line. b. When 12 inches of clearance is not practical, provisions can be negotiated with Florida Power Corporation for a substitution of the soil barrier with an approved barrier. c. Contact C. A. Nuttall, (813) 866-5729 or C. M. Forte (813) 866-4753, 48 hours prior to construction. An FPC representative must be present to inspect any crossings that are made. 2. Buried Structures - Parallelinq Structures These are two standards of acceptability for paralleling situations: a. Florida Power Corporation R/W, easements and other controlled areas. , 1. All paralleling of buried structures and other pipes to the B/A oil line must maintain a minimum of three (3) feet surface to surface clearance. b. All paralleling situations outside the control of the Florida Power Corporation should request the minimum three (3) feet surface to surface clearance. 3. Minimum Soil Cover Over BfA Oil line The minimum soil cover requirements at any location along this Bartow to Anclote oil pipe line has been established to be 48 inches, as referenced from top of the pipe to ground level, road bed, river bottom, drain ditch bottom, etc. Any variance in this minimum protective soil cover must be negotiated with and approved by the Florida Power Corporation. A substitute, protective, equivalent concrete structure is shown on Drawing #A-$-34-A-1. 4. Roadways Roadways of the oil pipeline must be cased and vented from R-O-~ line to R-O-~ line. Driveways which can be closed to allow for maintenance on the pipeline will not normally be required to provide casing, but will be required to comply with item 3 above. -:-:.'":f.2.0).BN2 -4>......H .., :. : ~ ..,; ; ,I,'.. . , ~ iCkp 1 "EXHIBIT B" Peg:: 3 of 5 Pa;es Note: Actual casing requirements will be determined by conditions at location of the crossing. 5. Buildinq. Structures. Retention Ponds. Wells. Fences a. All structures, building retention ponds or wells, must maintain a minimum of fifteen (IS) feet from B/A oil pipeline centerline. If existing foundation, retention ponds or wells are closer than fifteen (15) feet, designate them as existing and submit information to FPC on design drawings. For retention ponds, the fifteen (15) foot requirement applies from the top of bank to centerline of pipe. b. Fencjng should be constructed in a way that poles straddle either side ofl ine. The fence shall be grounded. Grounding rods shall be 15 feet away from the B/A oil pipeline. 6. Construction Equipment Equipment or material used in construction activities must not be parked or stored within three (3) feet of the B/A oil pipeline centerline. Rev 1 4/13/92 ~......_ _..~.- I . "_' r\f.?~.~~-4 ,- l~-:;l'! L i_,,~'~ I;) '7[1 'el ",\ ~(~~ 1~~ __ "EXHIBIT 8" Page4of5~ ..... " St!r "P,e~f l.. ,. . / . , . II V , ,....J, V - ~~ 'OF - '\ ( 0 .-+- -- -- - ~ -' \-) {- - -- ..,...~ I- - I . '- '" '/" .. - ---'- ill" 126J - . f~ ~L! t ()' J.JHr "'::111 ~ l.A e t.._. , " -.t. . r;~ ...1 { r · P I..'.il .tc.... . " t I. · IrAtI: I .' 10_ SBA "(I' I , "'$ SAd It" c ~ e r~1l 0611''1 f ..J , Il-o" , · €L e II A :r ION · .IrAte: / -. 't'.Q. UTU: - I. Ctl" Ih," tin ~I.. 11r..,,, .f 1000 IlLI. t. ...., I. Alnl AI" ,rI" 40. a. C"L ...... h .." II ,...... ..ritt. Ch,., 4. Ill..... 'HI. ..U, In "...4. 4 ill-lcxI "UlIlll\. I.IIT '011 Ut)! 'I..~ CONClltTl ..,.,.' DETAIL 'AN _._. HALE t'. /'.0. Ilrl"'o~er.."'Thl\."""-" . . . . II... tin .1 ,'.,. ("111 '""'" . u'. o. lI- a,., 'tI, .t 4'. ,. (""I ...,..., . ,,' .4. 4. II... .."., II. 'h"l 'N"," , I'. ,. .. a., I ,... ,. (... (1.'11 htl.,.l , 1'.4. ";-.''''''' ". . . ..... 'If' Itle' "..I "'"'' ",', ,. o A Tf~ll~ _.~, e A L ~_ 6:rJ.I'{lL.,_ _IT_~ _e J:.n\,A" ,.QJJ_ . ..... ., . . I" . " - .:'.-'-.-- "EXHIBIT B" I ~p I Page 5 of 5 Pages CON CRe T€ PIPEt.IN~ COVeR St.ABS '''.'' .__~~~_. PROJECT B4RTOIY-ANc(.ore P/PEl.lrY€ FLO~IOA POWER CORPORATIOH IT. "flU'VII ntllU ~ (t DRAWINO NO. A-S 34 -:I?:- I The City of Clearwater Northeast-Curlew 230 KV NC-73 ETS #20030181 EXIDBIT "C" GUIDELINES FOR CONSTRUCTION CROSSING OF THE BI A HOT OIL PIPELINE The Progress Energy Florida, Inc.-Bartow to Anclote Thermal insulated oil transport line has been installed and is operated in compliance with Title 49-Part 195 Federal DOT Transportation of Liquids by pipeline. The line is 14" in diameter coated and insulatedfor a total outside diameter of 17.5,r. 1. Buried Structures - Crossing Situations The minimum clearances required for crossing situations of the BfA oil line and proposed other lines or structures follows: a. Maintain 12 inches of clearance between the oil line and other pipes or structures being buried and crossing the line. b. When 12 inches of clearance is not practical; provisions can be negotiated with Progress Energy Florida, Inc. for a substitution of the soil barrier with an approved barrier. c. Contact Luis Gonzalez, (727) 827-6276, (48) hours prior to construction. A representative of PEF must be present during any excavation, drilling, boring etc. and to inspect any crossings or installations that are made. 2. Buried Structures - Paralleling Structures There are two standards of acceptability for paralleling situations: a. . Progress Energy Florida, Inc. RO.W., easements and other controlled areas. 1. All paralleling of buried structures and other pipes to the BfA oil line must maintain a minimum of three (3) feet surface to surface clearance. b. All paralleling situations outside the control of the Progress Energy Florida, Inc. should request the minimum three (3) feet surface to surface clearance. 3. Minimum Soil Cover Over BI A Oil Line The minimum soil cover requirements at any location along this Bartow to Anclote oil pipe line has been established to be 48 inches, as referenced from top of the pipe to grolUld level, road bed, river bottom, drain ditch bottom, etc. Any variance in this minimum protective soil cover must be negotiated with and approved by the Progress Energy Florida, Inc.. p~w", 1 "f'? 4. Roadways Roadways of the oil pipeline must be cased and vented from -R.O.W. line to R.O.W. line. Driveways which can be closed to allow for maintenance on the pipeline will not normally be required to provide casing, but will be required to comply with item 3 above. Note: Actual casing requirements will be determined by conditions at location of the crossing. 5. Building. Structures. Retention Ponds. Wells. Fences a. All structures, building retention ponds or wells, must maintain a minimum of fIfteen (15) feet from BI A oil pipeline centerline. If existing foundation, retention ponds or wells are closer than fifteen (15) feet, designate them as existing and submit information to PEF on design drawings. For retention ponds, the fifteen- (15) foot requirement applies from the top of bank to centerline of pipe. b. Fencing should be conStructed in a way that poles straddle either side of line. The fence shall be grounded. Grounding rods shall be 15 feet away from the BI A oil pipeline. 6. Construction Equipment Equipment or material used in - construction activities must not be parked or stored within ten (10) feet ofthe BI A oil pipeline centerline. PJ'lUp? of? "" f- u '" ... z u 1 ~. 0 ~- '1 "" ro ...1 ~ I Ul g "' 'l 0 on "- 0 Z 0 Ci '" -< "- U Z -< .. ~ "" 13 I" ;!i 1:> t'1 II -< ;.. '" 'j g fi' ;;; " -< u .. >- ro I " I U -< '" {ti i> ~ .. CD .. .. C C CD CD US c CD o en .- ftS ';W ~ >t Ue' CD CD a:: c CDW '1iJ ii, .- en en CD ~.. ..I:n C e gQ. U ~ f- Z W 0 <2W Of-f- -et:< et:<W So...et: '-'--WU OW ~ et: WZO f-QZ <f-< 3:< et:W::.:: <et:< WUW .....JWet: Uet:m '-'--0< Oz >-<W f-(J):'>::: U:'>:::~ et:O < 0... "I'~':~"~~ lltl1;\ H -"Iff! ~l ~JJ/ICL~:l "l-....;""",',. ~~-d ~.~ u.~ "~_~~m~jJend~,~f~ft!I~moral!~.~m ~,,,.,,,.~_~,~,~~,,'~,_ City Council \\. ~ Tracking Number: 1,582 Actual Date: 10/06/2005 Subject / Recommendation: Accept two prescribed Water Main and Utility Easements containing a total of 8,008 square feet, more or less, over and across a portion of Section 14, Township 29 South, Range 15 East, and a Sidewalk Easement containing 39 square feet, more or less, over and across a portion of Lot 6, Block A, DRUID GROVES, all conveyed by The Salvation Army in consideration of receipt of $1.00 and the benefits to be derived therefrom. ( Summary: In 2001 The Salvation Army ("Army") purchased the former Clearwater Community Hospital campus at 1515 Druid Road. The Army demolished most of the old hospital facilities preliminary to constructing its new Social Services campus. One existing structure was remodeled to serve as the Christmas Joy Center, while a new 12,112 square foot Correctional Services building and a 5,492 square foot Social Services Administration office building were newly constructed. The subject easement grants were stipulated requirements in the City approving the 6.96 acre campus site plan. The Water Main and Utility Easements document City authority to maintain its water mains, hydrants and meters within the 10-foot wide corridors described in the easements. The small sidewalk easement improves publiC safety by widening the sidewalks connecting at the southwest corner of Druid Road and South Crest Avenue. Copies of the easement documents are available for review in the Office of Official Records and Legislative Services. Originating: Engineering Section Consent Agenda Category: Agreements/Contracts - without cost Number of Hard Copies attached: 1 Public Hearing: No Financial Information: Review Approval Michael Ouillen 08-29-2005 10:58:20 Garrv Brumback 09-21-2005 10:17:44 Laura Lioowski 09-16-2005 12:40: 19 Bill Horne 09-23-2005 12:55:59 ~~. ..""" '8tMter u~ Cyndie Goudeau City Council "".".,,~g~.nda c~~~! =~.~!!!.~,~~",!!,~!!,,~''''''',.,''''''_~'''''''',.,=, 09-23-2005 15:42:46 f~-~ \ \ .L\ City Council _,_~enda C!>>ver~_Me!!1or:andum__>_"$~~_'=__#____'_ Tracking Number: 1,602 Actual Date: 10/06/2005 Subject / Recommendation: Approve the final plat for "PALM BLUFF PRESERVES" located at 300 Palm Bluff Street being the Northwest corner of Osceola Avenue and Palm Bluff Street. -. Summary: * This is a replat of lots 10 thru 16, 18 and part of lot 17, Palm Bluff Subdivision. * The property is within the city limits of Clearwater. * The proposed plat will create 8 single-family lots on approximately 1.6 acres. * The proposed project was approved by DRC November 12th, 2004. * The property is zoned as LMDR (Low Medium Density Residential) * A copy of the plat is available for review in the Office of Official Records & Legislative Services. Originating: Engineering Section Consent Agenda Category: Plat Files Public Hearing: No Financial Information: Review Approval Glen ahnick 09-12-2005 13:24: 12 Garrv rumback 09-21-2005 10: 15:36 Michael Ouillen 09-12-2005 15:15:11 ill Horne 09-23-2005 12:58:03 Cyndie Goudeau 09-23-2005 15:40:44 Location Map PROJECT SITE w G ~D~D D ~ CARL T 8D~ ru ENG ~D LA SAL ~ z PALM BLUFF ST ~ ...J ,>- JURGENS 8T ~ C=:J L/ ill ~o ~Q.ME fill ST ~E L rwater N ..' City of Clearwater Public Works Administration I Engineering Palm Bluff Preserves s Drawn By: S. K. Grid # 2688 Reviewed By: T. M . Scale: N. T. 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I ":lr 8/f/f / / ,Q!;J'" I I 'Q:" I I I .0.r~.9 ~ '/9'9&t ..>' 4' / 7 } 1 ] .) \, Clltd ~ 'rj '" '" .S; '" '" "- c) " -~~,s .9p-(?.( -_ '? ~ ~ "" ~ '" ,0 If) .'<1- o cu <= k. \.:') 'J "- I- o -...1 ~ ""i ~ to .{ '" t7 ] (; (' ":-0 <'.c " <"~c.~t/y .ij ..;:;./ />' "., ~ i [' I] L~ J ~ It d -- --- Qj E o ~I "".?~'" AI""",.??.:; ~ <\j 'f I M SC;,9l.00 ( ':89'SL8 ~ ls t;J ~f5~ll: 8\~J.~~ ll:<:l'i"f!S~ ct::"lI-O:ll;.,)~ ~~u(;l"" ~t;iJj~ ~ ~ ~ C{j 'f ~ / I ~DG\-Y City Council ~##__Ag,~,!!~t!w,C;Q,~~~#,~_~!!I,Q'~'!!!'!!ff~~ff!!L \\.~ Tracking Number: 1,603 Actual Date: 10/06/2005 Subject / Recommendation: Approve the final plat for "HAROLD COURT TOWNHOMES" located at 608 Harold Court. Summary: * This is a replat of lots 7 thru 9 and part of lot 10, Marshall and Brandon's Sub., and lot 10 block 20 Magnolia Park. This site consists of approximately 0.73 Acres. * The property is within the city limits of Clearwater. * The final plat will create 16 Townhome lots. * The proposed project was approved by DRC on September 9, 2004. * The property is zoned as Downtown. * A copy of the plat is available for review in the Office of Official Records & Legislative Services. Originating: Engineering Section Consent Agenda Category: Plat Files Financial Information: Review Approval Glen ahnick 09-12-2005 13:23:32 Garrv rum back 09-21-2005 10: 16: 13 Michael Ouillen 09-12-2005 15: 16:45 ill Horne 09-23-2005 12:57:25 Cyndie Goudeau 09-23-2005 15:41:24 Location Map D ~:D D D~I IJ~;~::VE ~ ~ ffi HENDRIC~ D I o ~~D D D DRAD~I ~DgD I I D~c:J ~ ID~I PARK I D~D~ PIERCE ST Cl D~DI IEreS COURT ST C] I FRANKLIN ~ I D D i s:l D b COURT n. ~r ~'o\j~ crD D D" ~ CHESTNUT o D~D IROGERS I D ~ w c::: o wD ~ ~Dw ....J Cl Z ~ o PINE wD~ > 0 <t: DRUID RD I I ST S.R. 60 CLEVELAND c::: ..., Cl z PIERCE 52 c::: w ::c I- ::> ....J z i= c::: <t: ~ ~ ....J <t: n. ST PROJECT II SITE ~ TURNER ~ s o ~ 01 PINE 01 1 DDD PINE ST (' Crescent ~D l\l :J:w DRUID RD WAY JASMINE -+ s City of Clearwater Public Works Administration / Engineering rwater Harold Court Townhomes Drawn By: S.K. Reviewed By: T.M. 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II.. 001 i:: iii O~~QO~~ JIi """ ...:;:: iii II.. ~ 9 ... ....~~"l:1Il0. ~ :S;&~~~~ I ~ ....ll:C!IiI~u liS 'l(C)Cl~ ~~Cl ~..'~ liil(> 0001 0001 III 001 ...'1( ~ I l_ ~ <..,~ . ~-------'~:H-~-it'i- - - -~ - --= l'l~ ------ ~h ~ ai ~ ., lTs' SOO'29'1n: 26.50' SOO"lS'lt'E aoo' !nm'1rr Z5.0ll' SOO'2I'ln: 26.50' 5.76 ~ ~ ~ ~ ~, ~ ~ -t ~ l'l ~ CII !; .. e ~ :;; ~I ; ; ; ;~~ ~ SOO'2I'1I1: 2Ulr SOD'2t'18"E25.00' SOO'2I'1!"E25.oo' 5tII'W11"E 2t.50' ~ ~ L--- TRACT A ---l LOn lOU NOO'OO'OO"E 118.52' (BEARING RErERENC[ IJrfE) . ~ f~ ;' z !~ · i~! ill) I f-Illi~ I Z I I ~ b I I I 9 I I I i ~ ~._._,_._._._._._._~2!.!9.._._._._ t I lOlll ~ ;;/ i ~ I I I I I I 9 9 "8.03' ~ I I I I __ _ _ _ _ _ nu ~ I I I I I I I I h ~~i;! Ii 'ii.~U d ~ ~~H r f~ ~.~ ,~h '..J .orn pc o. ~ ffim -J mJ ~~ SEC1IONII ~CiKi 15'- >oi Ii: " ~Hj .g 0"';" li:!!~5 iiH ~!.~ lJ5~~ .,!CD& _';E. "H5 W': ;g{j l~~! ~';- ... !!t;~ .E ,-c; li 5 ~!ID ~'ll" ... "@b" ~...5 ..:hli "';a.1 ~jH ji- l!l~ >og Fllli ~i':; I-< UJ UJ ~ I-< (/l UJ Z c: ! 1 1 ~ j i ! ~ ~ J ~ ~ J ~~ 1 I ~I!!~ P " "j~ nH Hnt I j J I~ il I "1 i H ~I 11 ~ b iUiJiiiH ~_~c. o;~ ~ · ~ t t~-CS City Council 'N,_"",",,,~,~,g~~!J,~~J:overMe!11orandum \ \ lo Tracking Number: 1,604 Actual Date: 10/06/2005 Subject / Recommendation: Approve the final plat for "HAYNES SUBDIVISION" located at 535 Woodlawn Street at the Northwest corner of Woodlawn Street and Sadlon Avenue. Summary: * This is an unplatted parcel consisting of approximately 0.50 acres. * The property is within the city limits of Clearwater. * The final plat will create 3 single-family lots, * The proposed project was approved by DRC on June 2, 2005 and by CDB on June 22, 2005. * The property is zoned as MDR (medium density residential). * A copy of the plat is available for review in the Office of Official Records & Legislative Services. Originating: Engineering Section Consent Agenda Category: Plat Files Public Hearing: No Financial Information: Review Approval Glen ahnick 09-12-2005 13:22:53 Garrv rum back 09-21-2005 10: 16:51 Michael Quillen 09-12-2005 15: 18:20 ill Horne 09-23-2005 12:56:41 Cyndie Goudeau 09-23-2005 15:42:05 Location Map BELLEVIEW I~I IJ! I ~ WILDWOOD I IOD~ !I WOODLAWN AVE; R~ R~<C- ~~ OVERBROOK 110 CD o o a:: (i0 o 5 a:: o v EASTLEIGH DR o a:: en ~ tl o a::/ ~~ /~() BARBARA CIR C:=J SUNNY LA a:: ) LJU CARL AVE w~, s C WAY WOODLAWN PROJECT SITE City of Clearwater Public Works Administration / Engineering Haynes Subdivision Drawn By: S.K. Grid # 3138 Reviewed By: T.M. Scale: N.T.S S . T - R 21-29s-15e Date: 08/31/05 ~t Cf) 00 '"' ~G ~ i!:(j - ..: CJ ~~ rr. ~~~ L-.J..J - Ii: ~ .....~o Cf) i ~g Y1 ~~8 lJj ~ ~~ ~ .....c-...... ~ o!:l.~ >-= ~ ~~ ~ ~~15 ::t It ~~ <q;r:;~ ~ ~~d I"""'- ~ I:: '-...J - {;l ~lIj I-- ~~ lI},.:- ~ <q;~ -.J ~ " ~ I..J... ~ @Ii I~~ ~ i~B R~I::i <\j 1!ll I~ ;i ~ i~l~ ! 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CJ l:s~ Cb ~~g ~ - it: -.J .... ~o C/) ~ ~~ :::>~!2: (" ~s:::l ~ ~ \.108 '--lJ i!: ~ ~ "> "- t"f"", ~ o\l,~ /-- ~ ~ii:: ~ I::~!l:: ~ ~o~ ~ ll.."":!!: "'I: __31:: I, l:s t"f~ ~ ~(j ~~ a ~H~ ~lI\ l 15.... r-- :::l 0 ~ Vl.... " "'1:::::' -.J ~ Cl ~ @Ii - L ~I -, .' (_WJAJNfIDIJM1Nt I -it-------~/J)~=:"..) I il --~---T-- ."":!: ..."..-..' " ;-'f ,______ ."'UI 'AI.~.~'S : I < ~ it.;, . '" .oow' ":':-'" ~~ I! ,'. ~ ~ l;IllI ;! ~! _ !Hall! . :i~ I' ~"" 18 <6 9 I~~ ~ ~ ~._ ~ Iii ~. I!: ~ ~I~ I ~ ~~.. jol ~ aW ~ ; ~~!)lh .-"....-. ~ ~ ~ i ~' :$", ~,.-i.i;...-.o"i t.I"l .ro'OZI & . f 11I11I ,roWI '3.6Z,9O.DO'N ,OO'OfI e! t--7r-f~ ~-" itl ~.' ~. ~I !Hall! I ~i ~~i e + ~ i~~: !~ j~ ~ I d !l t: t: t: t: 51 51 51 51 Ii! lil 1Il II ~ ..: , I ..: ~ of ,.: .. ..: ti ..-s . 2 2 2 ~ ~;; ~i ill ~ ~I~ i~i; -: ;~~ I~U II :i~ dl'j I~! i~! I~ I I;~ h.~ ~~!~ ~II -Ill ~rt "5i I~n :dl~ !Ii .. .. ~ h!t!1 J I- ~i J~II all~LtlJ ~~)I!fl~ I .1 III I . I~ ~11121~ ~o;~I)'~J I .I) ~ 0;; J~ ]ls)"'I)lj! hlllll~1 811~d~i~)1 )1 JlltJ11 I ~~~ I ~~l~i~i ;15!d~~~~~~~ J ~ -:I ...... Ii I~~ I 0 :l!h ~ g! B -,.. fi li) ~ ~ Ii ;:l .. i ~ ~ !Hall! ~~f a!H'i I~~l II ~hJ I I ~ I~ ~ 'I!) ~ ~ I I lil ~ r: ~~ III !!I!: ~~ ~ I~I~ ~-Cr ~~ u~ City Council Cover Memorandum \ \( Tracking Number: 1,580 Actual Date: 10/06/2005 Subject / Recommendation: Approve a contract with Christopher S. Dailey to purchase real property described as PINE CREST SUBDIVISION, Block 6, Lot 10 and the West Y2 of vacated alley on the East for $180,000, plus estimated miscellaneous expenses and demolitions costs not to exceed $3,500, and authorize appropriate officials to execute same. Summary: Prior to construction of the North Greenwood Recreation and Aquatic Complex ("Complex") the City acquired five of the six privately owned parcels that adjoined former Ray Green Field. The subject purchase will complete City control of the entire block and provide much needed storage in the heavily used Complex. A complete appraisal of the subject property was performed on June 23, 2005, estimating its value at $152,000. The seller has been unable to locate a suitable replacement property at that price, but will accept $180,000 to relocate. The City will demolish the existing frame residence, but retain the 792 square foot five-year old masonry garage of above average construction as a much needed ancillary support facility for the center. Among contract provisions, Mr. Dailey must have the residence vacated prior to closing not later than December 2, 2005. The contract provides for Mr. Dailey to continue occupying the garage for storage of business equipment and personal property through April 30, 2006. In consideration of Mr. Dailey's continued occupancy after closing, the closing agent will hold $10,000 in escrow pending Mr. Dailey completely vacating the property as agreed, and paying all costs incurred during his occupancy. A first quarter budget amendment will establish capital project 315-93131, Dailey Property Purchase, in the amount of $180,000 for purchase of the property, and $3,500 for miscellaneous closing expenses and demolition. Funding will be provided by the transfer of $63,500 of Recreation Land Impact Fees and $120,000 of Open Space Impact Fees from the Special Development Fund to the project at first quarter. A copy of the agreement 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: ~ Purchase I City Council 'M_~.genda.mf~ver Memoral1,~,~.,I11_'M"" ~~ u.~ Bid Required? No Bid Exceptions: Sole Source In Current Year Budget? No Budget Adjustment: Yes Budget Adjustment Comments: See funding statement in cover memo. Current Year Cost: $0.00 Annual Operating Cost: $1,000.00 For Fiscal Year: 10/01/2005 to 09/30/2006 Total Cost: $183,500.00 Not to Exceed: $183,500.00 Appropriation Code(s) 315-93131 Amount $183,500.00 Comments See budget adjustment comments in cover memo. Review Approval Michael Ouillen Bill Horne 08-29-2005 10:59: 19 09-26-2005 11:14:32 08-31-2005 08:43:40 09-23-2005 12:55:36 09-13-2005 16:48: 15 09-25-2005 07:54:43 Cvndie Goudeau Tina Wilson . Garrv Brumback Laura Lipowski ~~ u.~ City Council Cover Memorandum Ens - 7 \,. '( Tracking Number: 1,607 Actual Date: 10/06/2005 Subject / Recommendation: Award a contract for the construction of the Aquifer Storage and Recovery Exploratory Well (04-0046-UT) to Rowe Drilling, Co. of Tampa, Florida for the sum of $214,478.00 which is the lowest responsible bid received in accordance with the plans and specifications, and that the appropriate officials be authorized to execute same. Summary: See Attached Summary Originating: Engineering Section Consent Agenda Category: Agreements/Contracts - with cost Financial Information: Type: Capital Expenditure Bid Required? Yes Bid Numbers: 04-0046-UT Budget Adjustment: No Appropriation Code(s) 0315-96739-561300-533-000 Amount $214,478.00 Comments Review Approval Glen Bahnick Tina Wilson 09-29-2005 15: 13:01 09-14-2005 09:24:15 09-30-2005 10:38:37 09-12-2005 13:07:24 09-30-2005 12:29:28 09-30-2005 11 :20:43 09-13- 2005 15:04:52 Brvan Ruff Garry Brumback Michael Quillen Cvndie Goudeau Bill Horne Clearwater City Commission Agenda Cover Memorandum Worksession Item #: Final Agenda Item # Meeting Date: 10-06-05 SUBJECT/RECOMMENDATION: Award a contract for the construction of the Aquifer Storage and Recovery Exploratory Well (04-0046-UT) to Rowe Drilling, Co. of Tampa, Florida for the sum of $214,478.00 which is the lowest responsible bid received in accordance with the plans and specifications, and that the appropriate officials be authorized to execute same. ~ SUMMARY: . On September 20, 2001, the City Council approved funding in the amount of $50,000 for participation in a multi-year project, the Largo/Clearwater/Pasco Aquifer Storage and Recovery (ASR) Interconnect. The project is to study, plan, develop and construct ASR technology for reclaimed water cooperatively with the Southwest Florida Water Management District (SWFWMD). The concept of this project includes developing seasonal storage for reclaimed water cooperatively between the Cities of Largo and Clearwater, and possibly transmitting excess wet weather flows to Pasco County to restore environmentally impacted wetlands if not needed by the City. . ASR involves storing water underground in aquifer systems for recovery at a later time. The technology allows for storage of reclaimed water when the demand is low (generally during the rainy season), and allows for recovery of reclaimed water when the reclaimed water demand is higher (generally during the dry season). Storage of reclaimed water underground decreases the amount of storage infrastructure (Le. storage tanks) needed aboveground and allows for greater storage capacity of the reclaimed water. Additionally, ASR will provide the capability to potentially reduce or eliminate surface water discharge from the wastewater treatment plants, avoiding regulatory issues associated with these discharges. . On August 8, 2002, the City Council approved the first phase of the ASR project which was a work order to Post, Buckley, Schuh & Jernigan (EOR) of Tampa, Florida in the amount of $150,000.00 (of which a total of $100,000.00 was reimbursable) to prepare an ASR feasibility study. The specific purpose of the ASR feasibility study was to evaluate the potential for ASR systems in Clearwater and Largo areas for seasonal storage of reclaimed water and review potential pipe routes to Pasco County. The study also reviewed potential impacts to other legal water users including any potential impact on Clearwater's public water supply. This ASR feasibility study determined that ASR systems are possible, but further exploration and data collection are needed to more fully evaluate ASR's potential. · Pasco County has not yet partnered with the District and the City in this project as the pipeline phase of the project is on hold until mid-2006 due to the refinement of the project scope which will require assessment of participants, flows and associated costs. The City of Largo has decided not Reviewed by: Originating Cept.: G. Bahnick Costs: Legal Info Srvc NA Public Works Administration Total $214,478 - - Budget Public Works User Cept.: A. Neff Funding Source: - - Purchasing DCM/ACM Public Utilities Current FY $214,478 CI X - - Risk Mgmt NA Other NA Attachments OP - - Othe r Submitted by: o None City Manager Appropriation Code: 315-96739-561300-533-000 o Printed on rec cled a er ASR AGENDA.doc y p p to participate in the reclaimed water ASR component but still anticipates participation in the pipeline phase. At this point, City staff is pursuing this project strictly as an effort to balance seasonal reclaimed water availability for the future. Regional partnerships concerning excess wet weather flows are a subject for future discussions. . On October 7, 2004, the City Council approved the second phase of the ASR project which was a work order to Post, Buckley, Schuh & Jernigan (EOR) of Tampa, Florida in the amount of $56,413.00 (of which a total of $28,206.50 was reimbursable) to perform the regulatory permitting, final design, technical specifications, bidding, construction services, hydrogeologic testing and reporting of an ASR exploratory well at the Northeast WWTP. This phase established the actual geologic profile to better determine the suitability for potential ASR development. . This agenda item requests Council approval to move forward to the third phase of the ASR project; furnishing, installing and testing one 6-inch exploratory monitor well and four water-table monitoring wells at the Northeast WWTP. This work will be accomplished by Rowe Drilling, Co. of Tampa, Florida for a cost of $214,478.00 (of which a total of $107,239.00 is reimbursable). . Sufficient budget and funding is available in the Reclaimed Water Capital Improvement Program project, 0315-96739, for the requested amount of $214,478.00. . Funding for additional phases are subject to continued Council authorization and the results from this test well. The next phase will involve construction of an ASR well and associated monitoring wells to determine the actual feasibility of ASR technology. Reclaimed water will be stored and removed to determine ASR efficiencies. . Work will commence upon award and execution of the Work Order, and will be completed within 120 days. . A copy of the contract is available for review in the Official Records and Legislative Services office. 2 Location Map -8 iii DR I"" o DR ODcIR~~N I ~ ~a-~I I- w CJ; Cir 5 tt' 01 i5D WOODBURN Do Kendale TRAIL TIMBER ~ Cl z w " L- ) :s >- "' "' " ii' ALLEN AVE N W.' S Drawn By: City of Clearwater Public Works Administration I Engineering Northeast Wastewater Treatment Plant 3200 S. R. 580 Reviewed By: G.B. S-T-R 21-28s-16 Date: 07/21/05 S.K. 2018 Scale: N.TS. Grid # City Council Cover Memorandum CfY\ - 1 \ \.'1 Tracking Number: 1,627 Actual Date: 10/06/2005 Subject / Recommendation: Approve the Interlocal Agreement with Pinellas County to extend the Local Option Gas Tax for an additional ten (10) years for the period of September 1, 2007 through August 31, 2017 and authorize the appropriate officials to execute same. I Summary: The Council originally approved this agreement on June 16, 2005, however, due to changes made by the County it is being brought back for approval. Changes: Three revisions have been made to the Local Option Gas Tax Interlocal Agreement. In Section 1 it was necessary to correct a typographical error. In Section 3 the restriction regarding the use of the gas tax proceeds that was not required by Section 336.025 Florida Statutes was deleted. As a result, the updated agreement requires only that the funds be used for "transportation expenditures" as defined by the statute. In addition, in Section 4 the section reference was corrected from 9 to 8. Purpose of the Gas Tax: The Local Option Gas Tax is used for local transportation problems and for other transportation related expenditures that are critical for building comprehensive roadway networks by local governments. Projects such as the Drew Street widening and Traffic Calming are partially funded out of the Gas Tax revenue. History: Pinellas County originally adopted a four cent per gallon gas tax to be effective from September 1, 1985, through August 31, 1995. Effective September 1, 1987, Pinellas County raised the four cent tax to six cents and extended the collection period from September 1, 1995, through August 31, 1997. The County then extended the six cent gas tax for an additional period of ten years, from September 1, 1997, through August 31, 2007. New Interlocal Agreement: The existing six cent Local Option Gas Tax Agreement will sunset August 31, 2007. The Pinellas County Board of County Commissioners is recommending extension of the agreement for an additional ten (10) years through 2017. In this new agreement the municipal share has been increased from 25% to 40%. Therefore Clearwater's portion has increased from 4,17% to 6.72% of municipal share. Originating: City Manager Section Consent Agenda Category: Agreements/Contracts - without cost Number of Hard Copies attached: 0 Public Hearing: No Financial Information: ~.~ (I~ Review Approval Garrv Brumback Bill Horne Pam Akin Cyndie Goudeau City Council '~."m,~g,~nda ""fove~m" Me~,.!:!..~!.!!..~.U m m""" ,,"._mm.' 09-30-2005 10:40:30 09-30-2005 11:21:20 09-21-2005 14:44:42 09-30-2005 12:28:53 Pt~~t~ OFFICE OF MANAGEMENT AND BUDGET {f~tM-' W-' \\.C\ MEMORANDUM RECEIVED SEP 0 6 2005 TO: Larry W. Bittner, Town Clerk, Town of Redington Beach Cynthia E. Goudeau, City Clerk, City of Clearwater Marcia Grantham, Town Clerk, Town of Indian Shores Jerie Guegan, City Clerk, City of Dunedin Irene S. Jacobs, City Clerk and Collector, City of Tarpon Springs Jennifer Nye, Deputy City Clerk, City of Treasure Island Sharon Proehl, Town Clerk, Town of North Redington Beach FROM: #-rry Henon, Director, Office of Management and Budget DATE: September 1,2005 "r.....f".., -~ "i ':-h.,IPil. Ri:I,,'..IROO AND ;EGISLATIVE SRVCS DE4 SUBJECT: LOGT Interlocal Agreement Update DISTR.: Dennis Long, Assistant County Attorney Mike Howard, Financial Management Analyst During the process of coordinating the extension of the Local Option Gas Tax Interlocal Agreement, multiple agreements were distributed as a means of addressing various concerns. Unfortunately, the County Attorney has identified several municipalities that executed an earlier version of the agreement. To ensure consistency, I am attaching the final version of the agreement for your approval. Although this agreement is similar to that which your municipality previously executed, it includes revisions to Section I and Section 3 that were requested by the City of St. Petersburg and approved by the County Attorney. While the revision to Section I was necessary to correct a typographical error, the revision to Section 3 deleted a restriction regarding the use of the gas tax proceeds that was not required by Section 336.025 Florida Statutes. As a result, the updated agreement requires only that the funds be used for ''transportation expenditures" as defined in the statute. In addition, a section reference was revised in Section 4. Please execute this final agreement and return it to the following address: Pine lias County Office of Management and Budget Attn. Mike Howard 509 East Avenue South Clearwater, Florida 33756 If you have any questions regarding this process, please contact Mike Howard with the Office of Management and Budget at (727) 464-4609. Sorry for the inconvenience and thank you in advance for your cooperation. Attachment INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT made and entered into as of the _ day of , 2005, by and between Pinellas County, a political subdivision of the State of Florida (the "County") and the municipalities that are parties hereto within Pinellas County representing a majority of the population of the incorporated area of Pinellas County, as listed on the signature pages hereto (the "Municipalities"). WITNESSETH: WHEREAS, this Agreement is authorized by Section 336.025, Florida Statutes, and other applicable law; and WHEREAS, Section 336.025(1)( a), Florida Statutes, authorizes the imposition of a local option fuel tax of up to six cents ($0.06) upon every gallon of motor fuel and diesel fuel sold in the County and taxed under the provisions of Chapter 206, Florida Statutes; and WHEREAS, that section also provides that this tax may be extended or the distribution changed in the manner set forth herein; and WHEREAS, on June 18, 1985, the County levied and imposed a four cent ($0.04) per gallon local option fuel tax by Ordinance No. 85-14, effective from September 1, 1985 through and including August 31, 1995; thereafter, the County increased the local option fuel tax rate from four cents ($0.04) to six cents ($0.06) for the period from September 1, 1987 through August 31, 1995, and additionally imposed the six cents ($0.06) local option fuel tax from September 1, 1995 until August 31, 1997 by Ordinance No. 87-46; and extended the six cents ($0.06) local option fuel tax for a period often (10) years from September 1, 1997 until August 31, 2007 by Ordinance No. 93-64 (the six cents levy hereinafter sometimes referred to as the "First Local Option Fuel Tax"). Page 1 of7 WHEREAS, in accordance with these ordinances, the County and Municipalities representing a majority of the population of the incorporated areas of Pin ell as County previously entered into interlocal agreements dated June 18, 1985, May 19, 1987 and July 1, 1991, which determined the method and distribution of the First Local Option Fuel Tax ("Prior Jnterlocals"); and WHEREAS, there exists a need within Pinellas County for additional funds to be used for transportation expenditures authorized by Section 336.025, Florida Statutes; and WHEREAS, the County and the Municipalities are desirous of insuring a stable and sufficient revenue flow from the local option fuel tax proceeds both in terms of the amount and the period of the levy, in order to have such monies available for the payment of transportation expenditures incurred by the County and the Municipalities as permitted by applicable Florida law; and WHEREAS, the purpose and intent of this Jnterlocal Agreement is to establish a current plan for the continued administration and expenditure of the proceeds of the First Local Option Fuel Tax, as well as a new distribution formula by redetermining the division of the proceeds from the First Local Option Fuel Tax among the County and the Municipalities, conditioned upon the further extension of the First Local Option Fuel Tax. NOW, THEREFORE, in consideration of the premises and of the mutual benefit, and in consideration of the covenants and agreements set forth herein, the County and the Municipalities agree as follows: Page 2 of7 1-- SECTION 1. PRIOR PLEDGE OF LOCAL OPTION GAS TAX PROCEEDS UNAFFECTED HEREBY. Nothing in this Interlocal Agreement shall under any circumstances materially or adversely affect the rights of holders of any bonds or other such debt which have pledged as security therefore the First Local Option Fuel Tax, and the covenants regarding such pledge and the pledge itself shall not be affected hereby. Furthermore, the amounts distributed hereunder shall not be reduced by virtue of or due to the terms of this Interlocal Agreement below the amount pledged for the payment of principal, interest, and reserves as required under the covenants of any bond resolution or indenture outstanding on the date of establishment of this Interlocal Agreement. SECTION 2. DISTRIBUTION. The First Local Option Fuel Tax imposed by the County upon every gallon of motor fuel and diesel fuel sold in the County and taxed under the provisions of Chapter 206, Florida Statutes, shall be distributed by the State Department of Revenue directly to the County, for placement in the Local Option Fuel Tax Trust Fund Account for subsequent allocation and disbursement to the Municipalities and the County in accordance with the distribution formula attached hereto as Appendix "A" and incorporated by reference herein. SECTION 3. UTILIZATIONS OF FUEL TAXES. The County and the Municipalities agree that the moneys received from the First Local Option Fuel Tax, or the proceeds of any revenue bonds secured thereby, shall only be utilized for transportation expenditures as defined by Section 336.025(7), Florida Statutes. SECTION 4. PRIOR INTERLOCALS SUPERSEDED. Commencing on the Effective Date of this Interlocal Agreement as defined in Section 8, the County and the Municipalities agree that the County shall administer the allocation of estimated cash receipts Page 3 of? and shall distribute the proceeds of the First Local Option Fuel Tax to the Municipalities and the County in accordance with the distribution formula in Appendix A. The distribution terms of this Interlocal Agreement shall supersede the distribution formulas contained in the Prior Interlocals, and the distribution of the First Local Option Fuel Tax proceeds shall be governed specifically by the terms of this Interlocal Agreement as of the Effective Date. During the period between when this lnterlocal Agreement is approved by the parties hereto and the Effective Date, the First Local Option Fuel Tax shall be distributed in accordance with the Interlocal Agreement dated July 1, 1991. The parties hereby agree that all distributions which have been undertaken prior to the date hereof are proper and acceptable and the parties hereby waive any right to dispute any amounts previously distributed. SECTION 5. ABILITY TO PLEDGE. The parties respective portions of the First Local Option Fuel Tax may be pledged by the County or the Municipalities to secure revenue bonds or other obligations for the purposes set forth in Section 336.025, Florida Statutes, and as set forth in this Agreement. The County and the Municipalities may also develop, implement and administer any other program or financial arrangement in accordance with applicable law and this Interlocal Agreement which provides for payment with their respective share of the First Local Option Fuel Tax. SECTION 6. NEW MUNICIPALITIES. Any municipality which may become newly incorporated in the County after the effective date hereof and which is eligible for participation in the distribution of the proceeds of the First Local Option Fuel Tax under Parts II and VI of Chapter 218 may become a party hereto, but only in accordance with Section 336.025(4)(b), Florida Statutes. Page 4 of7 SECTION 7. AMENDMENT. This Agreement may be amended in writing upon the express formal consent of the governing bodies of all the parties. SECTION 8. EFFECTIVE DATE. This Agreement shall be effective for the purposes stated herein on September 1, 2007, and except as otherwise provided herein, shall expire on August 31, 2017. SECTION 9. TERMINATION IF NO LEVY. This Agreement shall automatically terminate in the event that the County does not adopt an ordinance extending the First Local Option Fuel Tax pursuant to Section 336.025, Florida Statutes, on or before January 1,2007. SECTION 10. PERIODIC REVIEW. The County and Municipalities shall review the distribution formula for the First Local Option Fuel Tax at least every ten (10) years during the term hereof, including any extensions of this Interlocal Agreement. SECTION 11. FILING INTERLOCAL AGREEMENT. Upon the execution hereof by the duly authorized representatives of the parties, this Interlocal Agreement shall be filed with the Clerk of the Circuit Court for recording in the public records of Pinellas County, Florida, as required by Section 163.01(11), Florida Statutes. <SIGNATURE PAGE FOLLOWS> Page 5 of7 IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed as of the day and year first above written. ATTEST: CITY OF CLEARWATER, FLORIDA By: By: Cynthia E. Goudeau, City Clerk William B. Home, II, City Manager [SEAL] COUNTERSIGNED:: By: Frank V. Hibbard, Mayor APPROVED AS TO FORM: By: (}LILt Pamela K. in, City Attorney Page 6 of? APPENDIX A TO INTERLOCAL AGREEMENT DATED AS OF ,2005 The Municipalities shall be entitled to receive forty percent (40%) of the First Local Option Gas Tax proceeds received by the County from the Department of Revenue and the County shall be entitled to retain sixty percent (60%) of the Local Option Gas Tax proceeds. The Municipalities shall individually be entitled to receive the following respective portions of such forty percent (40%): Municipality Allocation of Local Option Gas Tax to be Received Effective September 1. 2007 Belleair Belleair Beach Belleair Bluffs Belleair Shore Clearwater Dunedin Gulfport Indian Rocks Beach Indian Shores Kenneth City Largo Madeira Beach N. Redington Beach Oldsmar Pinellas Park Redington Beach Redington Shores Safety Harbor S1. Petersburg S1. Pete Beach Seminole South Pasadena Tarpon Springs Treasure Island 0.0062 0.0025 0.0034 0.0001 0.1673 0.0564 0.0195 0.0080 0.0027 0.0069 0.11 04 0.0068 0.0023 0.0208 0.0722 0.0024 0.0036 0.0270 0.3837 0.0152 0.0270 0.0089 0.0351 0.0114 Page 7 of? iU C:> e.. L~~ - \ City Council _",", Agend~< CO~~!,J~t~~!!!~~,!,!!!!u ~.~,.,,~_""'" \\ \ u/\ 1\ ,\ Tracking Number: 1,634 Actual Date: 10/06/2005 Subject / Recommendation: Approve the Mayor's reappointment of Robert Aude to the Clearwater Housing Authority with the term expiring on September 30, 2009. Summary: BOARD: Clearwater Housing Authority TERM: 4 years APPOINTED BY: Mayor, Approved by City Council FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: One member must be a Public Housing Resident (effective 10/1/84) MEMBERS: 5 CHAIRPERSON: Robert Aude MEETING DATES: 4th Friday, 8:30 a.m. PLACE: Robert H. Levison Community Center APPTS. NEEDED: 1 DATE APPTS. TO BE MADE: 10/06/05 THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. 1. Robert Aude - 1719 Brentwood Dr., 33756 - Original Appointment 12/05/91 Interest in Reappointment: Yes (Term Expires 9/30/05) Zip codes current members on board: 1 at 33756 2 at 33761 1 at 33767 Originating: Official Rec and Legislative Svc Section Consent Agenda Category: Other Number of Hard Copies attached: 0 Public Hearing: No Financial Information: Type: Other Review Approval ~ u~ Cvndie Goudeau City Council _".~enda Cover Memorand~~_==_.=" 09-22-2005 16: 10:46 I Nov-06-g7 10:12A Aude Shand W1111am$ t-OJ-C6-1997 10:55 CL~TER Clr( ~: 813 539 0099 P.02 tu.:. "'tl.... t>..oo r . OCJO:IJ... uu.. " CITY OF CLEARWATER APplication for AdviSory Boards (mult be ClellWlCIr resident) Name Robert J. Aude Home Address: 1719 Brentwood Drive ()ffiCe Addr...: 19353 U.S. Highway 19, N., Suite 101 Clearwater, FL 33756 Clearwater, FL .33764 liP: ZIP: Telephone 446-3628 Tdcphone 535-4585 How Long a resident of the City of elearwat...? c .~~. years Occupation Architect ~~ Aude~ Shand & Williams, Inc., AlA Field of Education: I Olher Wort Experience: Architecture If retired, former OCQIpation N/A Community Activites: Involved with Housing Authority Prior involvement with Sister City Program Other Interests: Churc;h Board Service (current and p.") Board Pr.ference: Current: Clearwater Housing Authority Former: MCEB - 7 years fV\<:.cB Date: 11/6/97 Signed: Please sue ilueched Ihn fOf Boards that ,.~o Financill Diacloluro .t the time of appointment. PLEASE RETURN THIS FORM TO: City Cletk', Department P.O. Box 4741 Clearwater, FL 34618 -+0 (,L S' V ~ a:k Mv ~d d'l1 n.er DI1 a/;).1/oo ;JIJ+ iitkrc;:-/c-d I ~ ALb/3 a..+ -fC, IS -f,h1-(, TOTt=i.. p. 001 S'o o-W (('s+ Nov-06-97 09:30A Aude Shand Williams tOJ-QS-1997 11:32 CLEMt~TER Clrf CLERK 813 539 0099 P.02 813 .162 6,j88 P.OO:H303 .. f ,I aoARD QUE8nONNAIRE . AppllcMt'sNeme: f~ AU/:15. Neme of ao.rd Applying For: IHUlIlCll'At C!I~ EJ./~c,("IHJ?Pr bMNJ 1. What il your undcntlnding of the bOlrd', duties Ind 'lIponlibilitiel? · 7(} aLIUMTtr t?V~ Ct/R t:JIli?l\CElYliWr ~T1?1f.~ - 1() ~ rIllES " ~7iftt/~ ~1IC11""~ ~/C- j/61.!-amnfA/J ce: , TI/f~ I~ ~T" l!at1~O q.- AtAlll1JTtrfor[. .~~ ~.;'.;'."- ~....s__ :..~ 2. Heve you Ivet observed I board meoting oithe' in peraon or on C-VNsW, the City's TV station? , 1r11E1Jot:D 1H1~1 trmI/tA"trle1:T1t/6~ 7HN1I6Hrntr 1Y110 l"l60~ A~ to#P/ frI~ 3. Whit bi~kground &lnd/or qualification. do you hlvo that YOU feel would qualify you to serve on this Board? - '7 Vel+f(~ P~/Of!:. !;O(VICF p/J (Y1C1:::.-e> 6 2. YEillC$ A~ ($A f~IYIAU. 4. Why do you want to serve on this Board? · ~/mm"Ulif( 11I~/temo.rr , I-/~ ME ~~/(JI(IIL'-'f 7b .siR( tu~ WI1J{ etJI/.PhJG, Zt7I1IUG, I D7ff~ UPE~ cI Of(P,~AqCE ~lA17OP5 . TOTp(. P.OOJ City Council ~i~ u~ Aoenda Cover Memorandum ~_"'"''''''''''m~'''''.''"''''m_'''_m''=''",''''''m'''''''''"''''''''''''''"=m .. Tracking Number: 1,598 Actual Date: 10/06/2005 Subject / Recommendation: Reappoint James D. Appelt to the Parks and Recreation Board with the term expiring on October 31, 2009. Summary: \\,,\\ ~~ Il.~ City Council ",,,~_,~gendC!~....!;~9ver,,,,.M~!!L9!and U I!!._,,_... BOARD: Parks and Recreation Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 CHAIRPERSON: James D. Appelt MEETING DATES: 4th Mon., 6:30 pm PLACE: MSB Conference Room 130 APPTS. NEEDED: 1 DATE APPTS. TO BE MADE: October 6, 2005 THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. 1. James D. Appelt - 1660 Farrier Trail, 33765 - Original Appointment 11/15/01 Interest in Reappointment: YES (Ending 1st Term 10/31/05) - 7 Absences/5 Present (6/2004 through 7/2005) THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. Tom Calhoun - 2421 Old Coach Trail, 33765 - Realtor (Currently serving on AA - wishes to be considered for Parks & Recreation) 2. Dimitrios Christodoulakis - 1950 Cleveland St., 33765 - Civil Engineer 3. Jim Ficken - 1608 N. Osceola Ave., 33755 - Real Estate Investor 4. William Kirbas - 34 Bohenia Cir., N., 33767 - past member of this board/Financial Advisor 5. Elizabeth Lancara - 2030 Cleveland St., 33765 - Secretary/Adm. Asst. 6. Shawn Ricardo McCoy - 2225 Nursery Rd., 33764 - Pastor (Currently serving on CRB - wishes to be considered for Parks & Recreation) 7. Ray Shaw - 2972 Clubhouse Dr. W., 33761 - Sales/Marketing Zip codes of current members on board: 1 at 33755 1 at 33756 1 at 33764 2 at 33765 2 at 33767 Originating: Official Rec and Legislative Svc Section Consent Agenda ~.~ u.~ City Council _,=",=",~I1,~,~~o",~~,!:=~~e~o~~",I1,~"~"!!!,,,,_,=,,,,,,",.,-"""", Category: Other Number of Hard Copies attached: 0 Public Hearinq: No ~ Other Financial Information: Review Approval Cvndie Goudeau 10-04-2005 09:53:02 l____ .~ . . ~';f~ ..1Il ',' I j' .:. i. . . .." ~:",JJ CITY OF CLEARWATER - APPLICATION FOR ADVISORYBOARlfl 242001 (must be Clearwater resident) CITY CLERI< DcPARlI\tlENT Name: -J AMES j) ~ APff.W Home Address: J & &0 .FA-~R,EJL. I.A+; L- ~\~l.Vf-eIL PLZiD ~~7~ Telephone: ?<-. 7- 7't I - (c..f <0 1 OiD-I- Office Address: I '6' I I AJ .. 75 eJ e-Lc-e1- Rd.:1- 2 . CJ~~ I Pc- ZiD 3'37~J I Telephone: 72-7 - 70,'1:(- Gf 7 a 7 How long a resident of Clearwater? Occupation: . Cfl 4- Field of Education: li~~ 1'14">>;q.,~ ~Oi/'I'~C"Y Employer: /l~"'&L'r /f)~L. ~ /h-5t)~ C'~ Other Work Experience: Atc:'c V~~1/5e If retired, former occupation: Com,munity Act~ities: ~tf".>J C..a-.. ~ Z5L9~ C.~ZU/-rP,- Ctt~?~ J ~~Y I' Other Interests: r/f?1 (L-Y, s/~ t5J~ , ~e~ {~r (/&f '1/- 2-b;J I)..)" (C;.e>c.--~.5 'Oe. ~~ "'C...&.~) ...(z.-c- 7Y,4,h f Board Service (current and past): Board Preference: p~ Additional Comments: Signed: r 6? ~ Da~: 9f~1 ( 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 ~ 11/15/0' - PR , BOARD QUESTIONNAIRE ~f/? $ 1 . What is your understanding of the board' 5 duties and responsibilities? C! p,,-r #+? c./(,/ 1'lV ~~~ 4-- .t. ( if~."j / 5' 0</4.'1), -r' b , s:/~ , /~ ~o ~S'r':5r .-p:? .5.-'VC t/t 4/6 C"6? ~,~...I"v (r~ ~ 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? :;p- (j 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? - h..u#C;42- ;25~<:Ce>-2Ov<V>.J I<..uOCAJuUJ/ 4. O,&; ,4 -- /~tC. y=- /'\-6.c ;t3U(}Ger /.~C/ C~t;J cy- {....I r?'?I ~~~-'T r~ (t-tA->c-( TY - 4-77'1,/ .e.,. . 14 C I~e#,rf--?t.-. . YD v7>f .$ ..-A"o.<:r-~ /riJ ( S/<?'7j'~ __ ~,h-"<-, c~) 4. Why do you want to serve on this Board? .::z- /~ {7/c- /Y:-4- ~ (';-?~~ ~tJcP~5 #/V /L-ec(~ I v'?J~~ v"::::" ~ ~ ,,~r~~.Rt;;r- /~ ~-ee_,,~b tJ~~7"'" 6f?v-r- C <9 .., T( -7 --e.- ~ cv L/~-' rY tJ~ YOc.-JFH "')0<=- &77/'.4..- ~.::J ~ ~v--e- 6) (..) ~ ( ..,..--.y C'e> "7 "?7'" ........c... ~ c) ~ ~ I /.L:.t:J_-"rf.:JlI}. Name: .:r~~~ ~,. MI ft..-l Board Name: ~;L +- ~<..Le~/r~~ Name: RECEIVED JAN 2 9 200\ CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS REC . . 'OFFTCIAJ. ORDS AND -aM L!;~;~rwater resident) LEGISlATIVE SRVCS DEPT Home Address: ./ :;2 5/c2/ O,I(t>/ ~PC fa, 7 / (!//~t7~ Zio ~1)6..s- Telephone: 7:2) //~ ~/.?.;l How long a resident of Clearwater? Occupation: ~ -ea I h,.... Field of Education: c; ~rJI. / y /S"Zl Zio ~l ~ 6 ? Y'.J~ ,. J./~/ >eM; ~~ ~ r-'. / r . If retired. !onner occupation: ~ I _ ~r ,1.vI":".... ..l.,-,- we...., Community Activities: ~v V',... ~ ~ )"vMJ6 ~ JvP~~ X~I.P l;'fJ r $" (f/oftJ;lrJi/'tf') Ot er Interests: Boa Service (current and past): r~ trL Rf./ Jf/f/.' ...JC..J .2 /Z1 ! Additional Comments: f!../ h >~u[ J Board Preference: 9;:";::; ty~ t;:'?<w~ ~ ~J//J~ 'I'/YJnt6~~ fir~ (' .r RCc ~.s flt1Af?1ecJ .2#{) ~ Sign~.~_ Date: /.....2. ~ ~t7Cl Y See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue 07/09/2004 12:17 17277129173 TOM CALHOUN PAGE 02 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? ;:-r;} r..e~/~w a.1I Jtlf/r/iv~ Ci'~.~;; jjtp~ J /t.<d~ N ~J1J?#7,p~.f;;;VJ' (Jill XM....t2.. ~ ~~ / >SV~j W'~ ,~ k Si<~~~ "i... ~r:~ /}'-:4; Y/If'r...:.4~ il1~r/fI/"( ~ ) ) (j~ 1~4C./ a/y;{"yh.,j 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? Aftl. ,-, ~ /,t:, #/'....( /'~ac/~ ~ja ~ At I ~'?.r 4-, ~~ 3_ What baCkground andlor qualifications do you have that you feel would qualify you to serve on this Board? 1At/~ ~rV'cL'/ (Jill z.. ch,.4r- tt!th*",/.s;/;~S' /'c4p-~~ ;( 7;: tJt.,;;1{f::j ;P:/j~;;;:::~ ('~6r~ /&/ ... &i-~..I" &..~ ~ei.J. M-v.e ,I{" t1k~ at (/, Sll'7r~.A- 4. 2///"-{ /--,/4 S" 'J / .(~ ~ --.!!.! (q.{:::1/ ~b . 4. Why do you want to serve on this Board? C "~J--a/ O~;- ti~ al^Cf.~r MdP'l~ /I<(l'5tfU~r- CJ-f' (/ k~ a_-t: de. fjp"N./~-r ~;~. ("~~ "G.,,~ dvIL ~J.d~ J.p~,L /) 1"d'Cf.- f CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS;::;, ,,:;,} (must be Clearwater resident) . D.EC ~~ 2 2004 Name: .b I"" II ~l 0 S C Ifl..l STo~Ou./..A-kl S . " J' :. , 'I ~, Home Address: Office Address: ('f~() Ct.E.vUMiJ c.;, Po 80'1< S=f('6 CLEA~A-rc~ rt... Zip s3'1tS- CL-~c.e ~t- Zip 33-=157$ Telephone: "1~ =! - 4L.f.3-- (~o Cf Telephone: l~ 't--- 5 'g'S -- 6 s 9:f How long a resident of Clearwater? {3 i ~# s . Occupation: e,llfl.. fE.,vGt,.J~ Employer: tttl:r C~rtlJJ.a7~ Or 111'\J~~ Field of Education: Other Work Experience: BItc..~lLcP Sq~c.e C.'V/~ ~M~. ~1{,rlsrE;L. tl'fbJMeIl1e,vr S",s~J 1'fM71E11.~ IN ~US/,J~ AoMfl\Jtf#noN _ :r~/.r: :FJt:JJ/I €;J~AJEGL(dtJ=- l.rIc I ":-t.c#.tO II conneLl 6-GrJ ehr'- 4J~ ~ D()I..L c ~.s'('ll.U..qr cW Co~TrtyJ . ~ .,'; .~.~ /':~:";')'t If retired, former occupation: Community Activities: Ne/~a~1J HI'/rIIJ'(' ttt4n}. ntJArJC.(Ht. (,Jv'2Jrrf1cl11 rs.I'6tId1/If-L. I~T/I,' , Board Preference: PAAAS i'eueA:rrrMJ &MIJ UjWI/tfWl frY ^ E-t1€tP/~r 601Ht1J (1J:Jt,,'7T'tV6.J. . Other Interests: Ccwnttll.,utl.. FtJ"U:A-n",-v , . , Board Service (current and past): Additional Comments: ~..--~ Signed: ~ __ ~) Date: 1-<!1S'(cJ4 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. 11 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? MO'\. ',01-.1 tV c- #vi/) AorvN'S~,.J 6- fJe (/€-Lo fm~'n'1L. /If~S. fbi.. TIlE Cc#TlfI/{i,1L ~Ev~~( I'" TIlE C'( ri of C-L-I=~A-~. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? 'f~ s - C, r Y 1- r: II. ~ 719--77()rJ . 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? 8.5. C/I/(t.. ~d-{~CGi!.t,..J6-/!t. is. ~ .no~tJ,4 C~nr=(/5C? &-&.-.1~L Lo,JrlJv1c:rtJr(. CdNTI~<<AL ktlvlCA-t7o--J IN c;.y..JS~--rc.rJ ~ 71fE f)/&.~I/-E:- 7() L~ MfJ 1'telN(~ C~~s 4JArNt..{jl-L. ~TII, 4. Why do you want to serve on this Board? f wANT 70 61Z AfJltt-r of .~/I--r;CJs MJwTH, L wMr 70 1J14-~ IJGCt.flcrfs. UTlL-( g(N&. tJdTII '" /fl'-(. E.f)uCM7cn1A-L 6,1dc.~/J "tJoIfL E/-/,.t;7r~. IN .4. 17ZAT"\. 1irJv1~T ~ ~/FTEjej J'uc~JS Name: () ,tJ'l1 rR.(oS C~, ';)7()~1 S . Board Name: Pfil-k<;' cf ~crJ &'4d!J- 1'. CITY OF CLEARWATER Application for Advisory Boards (must be Clearwater resident) Name ~ i h1 Ftck.e Vl J? ~ f'! DI~ - ....' 1...1 lfYr . +!.E D fEe 03 1998 GJ, Y CLE Ri< DEPr. Home Address: Office Address: /60R N O~cP~'~ j:~-'eQkJJ~-/.tV' ZIP: 3,755 Telephone 4- 6 4-. ? ~ " 9' Telephone How Long a resident of the City of Clearwater? 4- 'Y~ rr Occupation r.eq' eS f.t-k ; t"lU~rlor Employer ~e. If' ZIP: Field of Education: Other Work Experience: pEl ~fS, 'JMJ~E, CO'lfllll!l.nia I Mf4$"c, Jouw~.It'.f", ~o.,..~ ('~I'.tr~1l., JffO"""Q,1L It!o4~, ~GOIi("I.If"t rLf/Jrtet') ;"v.b~,,"'-'41 mj1. If retired, former occupation Community Activites: L 0 lIt9 ~ C(-I-Q ~ It '11"'\ WI unJJl (...f..4.t!I fJ f/ ~ taa :,.1MIU\ Other Interests: ~;ql -€tJeV\*- proJ.lI.fl-l'tlJ,,,,,, <ot-proWlr....J...,"o,^, ( ()\I; ( r:,J..'fs. Board Service (current and past) Board Preference: Par(e;.r 4- Re.cr.t!Clf-/i>'1 Additional Comments: ~€a('''''' Signed: r ?~ t$ +kJ. Ice>" +D C/"q~I4Jqfu- Date: \ (30/?B Ll: Please see attached list for Boards that require Financial Disclosure at the time of appointment. PLEASE RETURN THIS FORM TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 34618 ' . 11'/01 LP~) \J\..VUJ..~ (!~bA'v..1lJ- ~ ~ - ..v I I II I l&JjcJ. CP~~...J I , f) 1';).8103 Va.N..~~1 C~L~J L.&.~. , CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: WTT,T,Tl'.M 'P KT~'Rr.q Home Address: Office Address: 34 Bohenia Circle North 100 Clearwater, Florida~ ~p 33767 Telephone: 446-4870 How long a resident of Clearwater? Telephone: Occupation: Financial Advisor 1A yp~r~ I Employer: Ame~ Express 'R~-\; r~d Other Work Experience: Field of Education: Associate degree, engineering B.S. degree, physics & mathematics M.B.A. deqree, finance & marketinq Maqnetics enqineer 'Pl;:tnt- M;:tn;:t')pr General Manaaer If retired, former occupation: n/a Business owner Community Activities: Director. Jolley Trollp-y. nirpC"'tnr 1;. V'P ("lp~rw;ltpr Beach Association Other Interests: Woodworkinq and mechanics Board Service (current and past): Board Preference: Parks & Recreation Community Development Board Parks & Recreation Board Additional Comments: Signed: {):l~ Date: April 13. 1999 See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd. Floor, 112 S. Osceola Avenue '/'1/01- ~ f GAl bo-tf.. \(<;+s \lJ~(O,J. - l~ _ t( It _ LI. . S'd-.) 03 _V~ fl., c.uct:l~ ~~. RRCEIVED APR 1 ~ 1999 CITY CLE~K DEPT. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? The board assists the Parks & Rec. staff in evaluating current facilities and activities and recommending improvements and capital expansion for parks and recreation facilities to the City Commission. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? A number of times including a four year term as a member of the Parks and Recreation Advisory Board. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? My prior experience on this board provides me wit~ a thorough appreciation of the board's purpose and responsibility. I have a keen interest. in athletics ana. recreation ~y way of my oarticination. I have a sound hackground in finance that could help in prior- itizlng evaluatec projects. 4. Why do you want to serve on this Board? I'd lik8 to continue working toward the objectives set durinamv previous term in makino the parks and Recreation Department the finest in the State of Florida and its facilit~es and ?rograms second to none that we would be proud of. Name: William P. Kirbas Board Name: Parks . R 1Z(~F\lVE\l) and- .R~crea t lon j\PR 16 1999 GITV GL~:\K DE.?T ( I . BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? The board is a comprehensive administrative board that has assumed reponsibilty of prior multiple board activities involving zoning and land use, development code adjust- ments, design review and planning. It is this board's obligation to conduct public hearings relating to petitions brought before the board by residents and interested parties. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? Many times as well as serving on the Parks and Recreation Advisory Board for four years. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? I have the academi~c background and work experience to qualify me in rendering fair and sound judgment regarding matters ofdeveloprnent brought before the board. . I have engineering and financial traininq that would assist me in comprehending and evaluating matters under discussion. 4. Why do you want to serve on this Board? I have been a resident of Clearwater for over 18 years. live addressed the city commission and various boards relatinq to codes, planninq and zoninq. 11m more than familiar with the affairs of the City, past and present. I'm interested in enhancing tha quality of life for our Name: William P. Kirbas residents and I would offer my advice to achieve it. Cnmmnn i 8 ~c.~JmX~ D j.\PR 16 1999 Board Name: CITV CLEl1K DE?T .~~ - ~ ~ .. CITY OF CLEARWATER -APPLICATION FORADVISORvt6P~RDS," ._,~~) . (must be Clearwater resident) FEB 1 8 2003 ! Name: Elizabeth A. Lancara Home Address: 2030 Cleveland St. Office Address: . CITY- Cl Pl="( rc"~' ::~;';\;1c:\sr " l.,~,. L' . .' ,J. I.. Ir.,;-,. .. Clearwater, FL ZiD 33765 ZiD Telephone: 727-447-6209 How long a resident of Clearwater? Eleven years Occupation: Secretary/Administrative Asst. Field of Education: Have 32 college credits, Telephone: Employ-er: curren~l~ unemPlo~ Aly'l.t:~\Jo,ja 7111 0.:3 - \ \ i 0.3 . Other Work Experience: . . ' Data Entry Clerk for Title Co., AF Recruit. Office Administrator. Customer Service Rep. If retired, former occupation: Community Activities: Skycrest Nei~hborhood Assn.. Clearwater Garden Club. volunteer for Clearwater concerts and Officer Friendly Bike Safety Jarnbore~ Other Interests: PhotoHaphv. crochetin~r hi1cp. Tiding plu..Vl~ \1\ oh '" , ~ ?lb...~"\b Board Service (current and past): Board Preference: None Beautification Committee Panks and Recreation Date: .:fl-/f-o-,3 , . 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 At>.o1T16Joo,)AI- COr<\ME"JVl~~ PA\joo,), "cult. t\~a:\ cu\' aoolf) ~E.lG'''8oe.\-\o<::aoS (,c~~~NcE ~03 A)..)() aco~r C~lL.l ~"IJ1V\~ANG~ w'l.o6(>L.~H AtJO ;::r~2L .,-..ez:ST "OL.J'tJTe:"e~ J)o~)')T~).) ::ud/6N Qj('{\fY\ I f{"'EJE. VOWJN\e:-e~ ~\L~ PAY V(jWJ.J~ .~,. .. .... . BOARD QUESTIONNAIRE- If I 1. What is your understanding of the board's duties and responsibilities? Members advise the commission on anyl~hanges or improves necessary to keep recreation centers and parks attractive to citizens' use. TheTe is room for improving these facilities based on needs of residents. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? I've watched the Development Board meeting on C-View. 3. What background andJor qualifications do you have that you feel would qualify you to serve on this Board? I have been a resident of the:Skycrest division of Clearwater for eleven years and have some knowledge of native plants that may help in improving landscaping. 4. Why do you want to serve on this Board? I would love to take part in improvin2 Clearwater and feel that the Parks and Recreation Centers of Clearwater are a great oart of enjoying life here. Name: Elizabeth A. LancaJ;'a. B dN Parks- and Recreation Board oar ame: . .. .,.. J ~ RECEIVED !d30 SOAtlS 3N.LVlSI€>31 ONY SO~003~ 'MOI:l:lO JAN 2 200~ CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARD~DZ G . N'Vf (must be ClearwaterO.f~IM.AECORDS AND a3AI3~3~ t~IS1AtiVE SRVCS DEPT v U Name:.f;\-4t..vJiJ R,c.A.f-DD M ':= ~'1 Home Address: 1333 PAC,)LvJOUD S'If2CEr (\e^J2..WA'~, F L zio33"755 Telephone: l;J 7. Sf-lP ~.. O~ How long a resident of Clearwater? C) to Occupation: p A~rn~ Field of Education: RE..ulry,orJ AN D PH '~of'H y (8'~1) J4..)\ \,-, c..A L S c... i 6-NCE eM I ~) Office Address: Zio Telephone: 7&7. dC) ~w g43l+ ~E-~a..s. Employer: (j-hAp.Lt+- D F- 1rt 't; ~ '9t+T'Ec\J..S. Other Work Experience: t:J \A ~ST PII\JCI.LA-S lC.UNPJ s--:'H-O()U> .- 1::!OUCATO~ E:. $T , f'.\A. ~ c..~ l.. \J 8!r S'T Li (( (j ~ Ii S1t i'1S If retired, former occupation: Community Activities: \I 0 JANler;e. -:: \f)~N F' Me-NTDl21 N, Other Interests: Board Service (current and past): kE.l\1tJeo\>"'1 DuNEi)(~ K \l)1)[E .~C~c'tA r:, Additional Comments: Board Preference: . r.f'lMI\~\.lI\.lIf'./ Ri.LP-itorc l3CAeb ? PtR~ A.N~ ~~~1IctJ P.)C1A~ tN\I' I ~f\l Mr-NTi"r L.. A D V IS~~ \i Signed: Date: See attached list for boards that require financial disdosure at time of appointment Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748. Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. .. 't!. #' - BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? '-1:: Tea ~p_ f"espons ~ b~ ~ nf' +ho ~"rr-\, as 1 <'~ . \ \, ~ I +, 1-0 a.s..~.s.s and re. \J l e..V'J \ () s:fan c...p...s. 0 ~ a.119J~~ d ;t.c..f 'I/Y1~()ll.4-1~() . ~ + ~ s: ctlso -the. du+y ~ .....he. board. -+0 Pt"bF").qK>> ?O \~(")' 4-0 ~€ c ~m!n~&Slon_ 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? ~., hOIJ.)C)\JP~r- 00+ +h 'is Fn.'+~ c.. u\ Q.'r b~Qcd. 3. What background and/or qualifications do you have that you feel would qualify you to selVe on this Board? .forme.r 'P~~~ dent", .N1\~L.p )fou~ ~ t.o H~ G'n~-ter c-uvven+ ~dvls.or, ~c.P )'cu+h ~ co( ~e c.~p~r 4. Why do you want to serve on this Board? ~n aAd.;-tion -+0 my c\e~es\re -to J'''e bnrk io .-:!:\rH:~ rOvnM UO ;-1'"1 'j ~uJ up ',n I \-t- l ~ c:::tlso a -pq.S5~l"\t) n-f- my nv.::>r'\ +0 .S'~ -to ~ +- +hcrl- (~ ('no,o..\ arc.. 0+ -J:e U.();ve..rs.~, +-hou~'n "T ~ So. lons j be.rds -+OtJOarJs Ju's-Hc:...e \ > (4 uo+e bt N. L. ~\N9 ~e.) Nam~~ tv\~COy Board Name: COMM'AN m RF: LATIOtiSo Bo~ .t .> Pl~'" . '.., ;..J FEB 1 8 2003 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) CITY Cu.:}), L;;+:,'S:iT,'JIENT !.- Name: ~~ ~,,~ Home Address: ) ;2..~'L c..~~~ ~"\Je ~Eci\ ~~"\ ~\ot-',~~ Zip?\~"lD \ Telephone: '17..""'\ - ,C\ \-~S'5'5 How long a resident of Clearwat~r? \tD ~~~ Occupation: ~~ J'h~'UQ . . I ~ Field of Education: Office Address: ~\C \e.~\\... ~~ \.:)ot"\\... ~~ ~'\ ~~;\~ Zip ~L\loC;S Telephone: '"1 '"2.., - Co~'l- '2..~\to c.~-rz..5-Ef\~9 Employer:COa..~ ~~~ ~\.:S\)I "k. Other Work Experience: ~~-~~ . ~6E- ~~~tJj \~\L. \q~ \~~~O 6.":Oo.....~~ ;)0"" Uf-~ '1 ~~ If retired, former occupation: Community~ctiviti~~: ,CSh~\'~~-L~~\~ (~~Co~~nn') t..,..,,~~\~-~~~:. Other Interests: + \ .. Y"::a...~. ~\ Board Service (current and past): Board Preference: ua- ~'ls ~Qar_~~~~ . Additional Comments: Signed: ~ Date: ~ \0 \~on~ 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 , ' BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 1- \..-\~~ '\\.0 ~a.~ ~4S. \'~ ~~\~"'aL~c..Q ~ ~~\~ ~ ~ ~,"\\...., ~ '~y';o.:'l (,rJ~~t10~~ a~<.c1n~ f(~"i. a..~ ~~~I~ ~a~,\~~-<. . ~~~'Z).~"S. zu.A a~, ) C:l \~ 'oo~ ~ ~~ h~\~'~ ~ \J.-~ c\~ ~ZU"~~ ~Q~a.v..~ ~ ~'<-a~c:M"'~ u,,'SSl.. C~ ~~~ ~\\\~ . 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station 7 ~ - o~ \\l . 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? - U-~ o~ ~~~.~ ~~~ .\~\\k"S - \~~~ ~~ "",".a ,",~'~'a.~ a..~ ro~ ~~~~ · " 1 '~ .s - '\ ~\-4.~ ~~ ,","2L~\,","'2.'~~~ ~~~ c -\\.0 ~~~~ b~ ~V c..~\I:)~ ~S\~\~ I . -- ~~~ '\~~ \~ ~t:t- a.cl.\\)~~ 4. Why do you want to serve on this Board? --C~~~\.\~ ~ ~-\c.("~ ~I .~~~ '^~-,. ""~ \\.g ~ ~ u.~ ~~~ o~ ~~ ~~ ~~~~~~u.:s ~~ ~ ~~~ 'f =\\~~ \ ll~,AA \ ,\f;:o ~ ~ '\ \)-E' ~~ r"' ~ ",=-0"'-0 \,~ b..~ ~~ -\0 -\\.c. ~ '"L \\.~ \~. Nam.:~ Board Name:Y3-t:"~ ~~ ~~ u~ City Council Cover Memorandum Tracking Number: 1,624 Actual Date: 10/06/2005 Subject / Recommendation: Reappoint Jay Keyes to the business person category of the Municipal Code Enforcement Board with the term expiring on October 31, 2008. Summary: \ \, \ ''J. ~h! u~ City Council _,.......~~~....."~ove~~,,.~.~.!!'oral1~,!:I~.. BOARD: Municipal Code Enforcement Board TERM: 3 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: Whenever possible, this Board shall include an architect, engineer, businessperson, general contractor, sub-contractor & a realtor MEMBERS: 7 CHAIRPERSON: Sheila Cole MEETING DATES: 4th Wed., 3 p.m. Nov. and Dec. - TBA APPOINTMENTS NEEDED: 2 DATE APPOINTMENT MADE: 10/06/2005 THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. 1. Jay F, Keyes (Business person) - 100 Devon Dr., 33767 - Original Appointment 10/17/2002 Interest in Reappointment: Yes (Ending 1st term 10/31/2005) - 1 Absence (3/2004 through 7/2005) 2. Sheila Cole (Business person) - 252 Dolphin Pt., 33767 - Original Appointment 6/18/1998 Interest in Reappointment: No (Ending her 2nd terms) THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. David W. Campbell - 2310 MinneolaRd., 33764 - Retired Computer Systems Analyst 2. Ronald V. Daniels - 30 Turner Street, Suite 802, 33756 - Real Estate Acq u isition/Development 4. Paul Ellis - 19029 US Highway 19 N., 9-702, 33764 - BFA Major/Interior Design Space Planning 5. William J. McCann - 1563 Turner St., 33756 - Professional Engineer 6. Louise C. Riley - 1620 Drew St., 33755 - Retired (Semi) Estate Planner Zip codes of current members: 1 at 33755 1 at 33761 2 at 33764 3 at 33767 Categories of remaining members: Realtor, Engineering Consultant, Banker, Retired Fire Fighter and Retired Federal Employee Originating: Official Rec and Legislative Svc Section Consent Agenda ~.~ l.l~ City Council _..~.~.~9!tn~.!~COv_~~.m~..~.~.~.~a!,d u m....... '''~''''''''''',,''''''li',~~''*'''"~"''','''''"'"''''''''mm"~'''*'j'''~,;,!*~,;"",''''''))'''"''''"'"''~*~~~~'''=~ Category: Other Number of Hard Copies attached: 0 Public Hearing: No I'iQ.e.;. Oth e r Financial Information: Review Approval Cvndie Goudeau 10-04-2005 10: 12:31 'i Rt.'.' I~"" , . ....... D,e , tn...:. . '. . . : w ~ L- I.:.J" Lu ~ .w ~ CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOA~tJH 0 5 2002 (must be Clearwater resident) CITY CLERK DEPARTMENT Name: ~ f} y I<r;-c;{;'.$ Office Address: ;?; i,.L~ ~ ZiD H~~...... Telephone: Y't'''ZI,..S Employer: Other Work Experience: 1-1_7"/ /'--I~"7~ "tC-. l?....sl?v/;~I? ~ (:!> v.I.~ 1'l-.. f{<! &7'~ 7-~ ..F~ /",S How long a resident of Clearwater? Occupation: 1< ~ T,t.'" ti Field of Education: ~ u 51 "'"r S$' Ifretired, former occupation: I?-r-.f -/ 2 v,..~..., ~ Community Activities: SF#. t 0"'" <; C/l"'~l... Will i,t.- ~ '2 ~ 'r ~S~~ 'At C 1= ,r/ _ a.. J S' U " ~\" f.s. ;::r · J, , 6",. J ,/ h y ~ d II? , , Other Interests: Board Service (current and past): ?I~lIjl/U " 2!.", J.~ Board Preference: C"-/" "'!T~ (' ,. W ..~ -C- Additional Comments: Signe~d:-7 ~ Date: G- 7/..... 02 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 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? Aloi/tJ...ft!: c.....~V;.~~o~~ ~1f '7?-?.,.I-r'/ <:lcvh~"", +- Sf&r- . 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? .y~ . 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? R,olo g>,,\.- VI C.r 20 YT 2~..5 , o ~ ~? [? ta~ l. ~ ~e ~ I ~ 7' fl i r S.) ~ s ("A 4. Why do you want to serve on this Board? I R"t" 7~ 7:~t ,-;;"/ ~ ~ J ( _k.. I'" T" " - fL, I'J I) / c::!.,...fJ & t- 'J.. ~ ~. 10..,. 7/,t- C' I~~ It' w~ 7rt..., a Name: J:t yo ~ )' r:-~ , T Board NameC/r. l.YCS ",11> ..... <: City Council .",,,,,,,,,~,g,~ndC!,,,~o'!.~.~...J1emor.a !'!..~.!:!...!!!'m_. \\.\ ~-:> Tracking Number: 1,638 Actual Date: 10/06/2005 Subiect / Recommendation: Approve Council Rules of Procedure and Policies Summary: The Council annually reviews its rules of procedure and policies. Oriainating: Official Rec and Legislative Svc Section: Consent Agenda Category: Other Financial Information: Type: Other Review Aooroval Cvndie Goudeau 10-04-2005 11:22:33 Garrv Brumback 09-24-2005 17:28:12 Bill Horne 09-26-2005 22:08:36 COMMISSION RULES RULE 1 SCHEDULING COMMISSION MEETINGSIWORK SESSION AGENDAS (1) The City Commission shall meet on the first and third Thursdays of each month at 6:00 p.m. in its chamber. However, in July, the City Commission shall hold one regular night meeting on the third Thursday of the month. There will be no regular meeting on the third Thursday of December or the first Thursday of January. The Commission will make this determination at the time the annual meeting calendar is being compiled. (2) Except as may be rescheduled from time to time when necessary due to conflict, a work session shall be held at 9:00 a.m. on the first working day of the Commission meeting week. Work sessions are primarily designed for information gathering and guidance, and no formal Commission decision approving or disapproving an agenda item or items scheduled for public hearing may be made. No public input will be accepted at work sessions. Only items on the work session agenda will be discussed. Items not on the agenda may be brought up by the Commission or staff during the work session asking they be scheduled for subsequent meetings or work sessions. (3) Community meetings will be scheduled as requested by the Commission. RULE 2 REQUIREMENTS FOR QUORUM A quorum for the transaction of business by the City Commission shall consist of three (3) Commissioners. RULE 3 MANDATORY MEETING ATTENDANCE FOR CITY OFFICIALS The City officials whose regular attendance shall be required during the sittings of the Commission shall be the City Clerk, City Manager and City Attorney or their substitutes. 1 Rev. 12-13-01 RULE 4 DUTIES AND RESPONSIBILITIES OF "CHAIR" The Mayor-Commissioner shall be the presiding officer of the City Commission, and shall be referred to as the "Chair" when sitting in that capacity. In case of the absence of the Mayor-Commissioner, the Vice Mayor shall assume those responsibilities, and if both are absent, the senior Commissioner in years of service shall preside. The Chair shall preserve order. The Chair may call to order any member of the Commission who shall violate any of the rules; and shall decide all questions of order, subject to a majority vote on a motion to appeal. The Chair shall recognize all Commissioners who seek the floor under correct procedure. The Chair shall not make or second a motion. RULE 5 DUTIES OF VICE-MAYOR IN ABSENCE OF MAYOR-COMMISSIONER Pursuant to Charter section 2.05, "the vice-mayor shall act as mayor-commissioner during the absence or inability of the mayor-commissioner to perform the duties of the office of the mayor." For the purpose of that section, the mayor-commissioner shall be considered absent if there are duties of the office which must be performed and the mayor-commissioner is not present and able to perform them. RULE 6 ORDER OF BUSINESS (1) The order of business for a regular meeting shall ordinarily be: A. Invocation B. Pledge C. Special recognitions and awards D. Minutes of previous meetings. E. Citizens to be heard regarding items not on agenda. Each speaker will be asked to give their name and address and to limit their comments to a maximum of three minutes. F. Public hearings (not before 6:00 p.m.) Legislative and administrative matters: 1. Presentation of issues by City staff. 2. Statement of case by applicant or representative (5 minutes). 3. Commission questions. 2 Rev. 12-13-01 4. Comments in support and comments in opposition. See subsection (3) below regarding time limitations forspeakers. 5. Commission questions. 6. Final rebuttal by applicant or representative (5 minutes). 7. Commission motion to determine disposition. Quasi-judicial Hearings (those giving testimony will be sworn-in): 1. Staff states its recommendation and briefly summarizes its reasons for the recommendation (2 minutes). 2. Applicant presents case, including its testimony and exhibits. Witness may be cross-examined (15 minutes). 3. Staff presents further evidence. May be cross-examined (10 minutes). 4. Public comment. See subsection (3) below regarding time limitations for speakers. 5. City Commission discussion, and may question any witness. 6. Applicant may call witnesses in rebuttal (5 minutes). 7. Conclusion by applicant (3 minutes). 8. Decision. All time limits may be extended upon request, and upon approval of request by majority of City Commission. G. Special items of widespread public interest. H. City Manager reports. I. City Attorney reports. J. Commission Discussion Items. K. Other Commission action. (2) Agenda items, other than public hearings, will be presented by staff followed by questions by the Commission, public input, discussion by the Commission, a motion and second, then debate on the motion. (3) Public comments in support or opposition of items before the Commission shall be limited to a total of 30 minutes. Unless otherwise specified~ persons speaking before the City Commission shall be limited to three minutes per speaker. Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waves their right to speak, up to a maximum of ten minutes. A form will be provided to document the request for additional time and those agreeing to waive their right to speak. No person shall speak more than once on the same subject at the same meeting unless granted permission by the City Commission. When time limits are set for speakers, unused time cannot be passed from one speaker to another. Extensions of time limits can be given if approved by a majority of the Commission.:. 3 Rev. 12-13-01 RULE 7 AGENDA/EXPENDITURE OF FUNDSI WAIVER OR CHANGE OF RULES (A) The City Manager, City Attorney, or any Commissioner may agenda an item. Any citizen may request a Commissioner to agenda an item, even though staff has assured petitioner that adverse action may result. The Chair cannot depart from the prescribed agenda but the Commission may do so by a majority vote or by consensus in response to a suggestion from the Chair. Continuance may be granted by a majority vote of the Commission upon the motion of any Commissioner. The public will be allowed to speak on an item to be continued if that item is an advertised public hearing, but no other action shall be taken. (8) Except for items advertised for public hearing, items may be removed from the agenda. Additional items may be added upon not less than 72 hours notice by a Commissioner to the City Manager; provided that emergency items may be added to the agenda by the City Manager or City Attorney without prior notice. The agenda may be reordered. (C) Any expenditure of funds requiring commission action must be on the agenda, with appropriate support material. No action may be taken on expenditures not on the agenda unless the Commission determines by the affirmative vote of a majority plus one to permit action to be taken. (D) The rules may be waived or changed only upon the affirmative vote of a majority plus one. RULE 8 DEBATE OF MOTIONSITIE VOTES Any member of the Commission making a motion or second shall address the Chair and await recognition before speaking. The Chair must recognize any person who seeks the floor while entitled to it. The person making the motion is entitled to the floor first for debate. No one is entitled to the floor a second time on the same motion as long as any other member who has not spoken on the issue desires the floor. When a motion is made and seconded, it shall be stated by the Chair before any debate shall be in order. All questions shall be stated and put by the Chair, and the Chair shall declare all votes. For a member to discuss a matter while no motion is pending requires permission from the Commission. Motions and any amendments can be withdrawn or modified by the maker at any time prior to the Chair stating the question on the motion; after that time, 4 Rev. 12-13-01 the permission of the Commission majority must be obtained. The Chair cannot close debate as long as any member who has not exhausted his right to debate desires the floor. A tie vote shall constitute a continuance of the item to the next regularly scheduled meeting, but upon a tie vote on the same item at the next meeting, the item shall not be rescheduled except upon the request of the City Manager, the City Attorney, or a Commissioner. RULE 9 NON-DEBATABLE MOTIONS The following motions are not debatable: To adjourn; To lay on the table; To take from the table. RULE 10 RECONSIDERATION Any member of the Commission who voted with the prevailing side may move a reconsideration of any action of the whole Commission provided that the motion be made at the same meeting at which the action was taken. A motion to reconsider shall be in order at any time (during the meeting at which the action was taken) except when a motion on some other subject is pending. No motion to reconsider shall be made more than once on any subject or matter at the same meeting. RULE 11 RESCISSION OF COMMISSION ACTION Commission action may be rescinded by a majority vote. The motion may be made by any Commissioner. RULE 12 BREAKS/RECESSES The Commission shall, at the direction of the Chair, take a break approximately every two hours, and may recess for meals, if the members of the City Commission agree by their vote. Any Commissioner may make a motion for a recess for an appropriate reason. 5 Rev. 12-13-01 RULE 13 COMMISSION MINUTES Copies of the minutes of regular meetings shall be furnished, when possible, at least seven days prior to the next meeting. Such minutes shall stand confirmed at the regular meeting of the Commission without the reading thereof in open meeting unless some inaccuracy or error be pointed out by some member of the Commission present, and in such event, an appropriate correction shall be made. Upon request, the City Manager will cause the City Clerk to provide any Commissioner with transcribed excerpts of tapes of City Commission meetings. RULE 14 RULES OF ORDER Except as provided herein, or as may be required by Florida law or the City Charter, the rules of the City Commission for the conduct of its business shall be as provided in the most recent edition of Robert's Rules of Order. RULE 15 RULES OF DECORUM At all times, the Commission, staff and public shall conduct themselves in a respectful and civil manner. The Chair shall rule out of order any person who, in the Chair's determination, is making obscene, profane, impertinent, irrelevant, immaterial, inflammatory statements or inciting violence or fighting. The determination of the Chair or a majority of the Commission shall be final on such matters. No member of the audience shall, during a Commission Meeting, make or cause to be made any audible or disruptive sound or noise. Signs or graphic displays of any kind shall not be displayed in Commission chambers, except in connection with a presentation made to the Commission by a speaker at the podium. All persons shall at all times conduct themselves in accordance with these rules and failing such shall be removed from the Commission Chambers. In the event of such removal such person shall not thereafter be readmitted to the Commission Chambers during the same meeting. The meeting may be recessed, if deemed necessary, in order to restore order. 6 Rev. 12-13-01 Resolution No. 77 -44 77 -129 78-65 80-62 80-1 01 80-118 81-32 81-92 82-33 82-36 82-115 82-119 83-42 83-75 85-47 86-18 86-30 88-61 89-21 92-79 93-04 93-44 93-45 93-75 94-8 94-16 94-31 94-67 94-74 95-16 95-35 95-77 96-11 96-68 01-43 Date Adopted 5-12-77 11-23-77 6-01-78 5-15-80 9-19-80 11-06-80 4-16-81 8-06-81 4-01-82 4-15-82 12-16-82 12-16-82 4-07-83 7 -07 -83 6-20-85 2-20-86 5-01-86 12-01-88 4-20-89 12 -1 7 -92 1-07 -93 7-01-93 7-01-93 12-02-93 1-03-94 1-31-94 4-21-94 8-15-94 9-15-94 2-02-95 3-16-95 10-05-95 1-18-96 1 0-17-96 12/13/01 7 Rev. 12-13-01 I i CITY COUNCIL POLICIES TABLE OF CONTENTS Boards........................................................................................................ Page 1 Representative Balance..................................................................................... 1 A Ad Hoc Committee............................................................................................. 1 B City Representatives on Non-City Boards ..........................................................1 C Non-Board Business Functions Sunshine Law................................................... 1 D Special Request................................................................................................. 1 E Input to Other Boards/Committees ..................................................................... 1 F Letterhead..........................................................................................................1 G Campaign Material During Meetings ..................................................................1 H Input te from Advisory Boards ............................................................................ 1 I City Representatives on Non City Boards (Deleted by CounciIB-21-03).............1J Advisory Board Dinner.............................,.......................................................... 1 K Budget................................................................................................ Pages 2-13 Balanced Budget................................................................................................ 2A Maintenance of Capital Plant and Equipment..................................................... 2B Budget Review Process..................................................................................... 2C Budgetary Position Control................................................................................. 20 General Fund Unappropriated Retained Earnings ............................................. 2E Capital Improvement Budget and Capital Improvement Plan ............................. 2F Road Millage.....................................................................,............................... .3G Enterprise Funds................................................................................................ 3H Enterprise Fund Transfer Payment..................................................................... 3 I Interfund Administrative Charge......................................................................... .3J I nterfund Other Service Charge.......................................................................... 4K CRA Contribution to General Fu nd ..................................................................... 4L Special Events Fee............................................................................................ 4M Accounting Procedures..................................................................................... .4N Review of Rate Schedules............................................................................... ..50 Review of Annual Audit...................................................................................... 5P I nvestment Policy.............................................................................................. .5Q Debt Management Policy .................................................................................11 R Central I nsurance Reserve Policy.................................................................... 13S Clearwater Gas System Gas Supply Hedging Policy.... ................................... 13T City Cou nci I ...... ................ ....................................... ............... .......... Pages 14-17 Resolutions....................................................................................................... 14A Proclamations................................................................................................... 14B Representation on Boards................................................................................ 14C Citizen Inquiries-Responses...........,................................................................. 140 Departing Council members' Gifts..................................................................... 15E Travel ............................................................................................................... 15F Fund Raiser..................................................................................................... .15G Staff Projects.................................................................................................... 15H Annual Dinners.........................................................,....................................... 15 I Televising Cou ncil Meetings............................................................................. .16J Information Available to Public and Press................................... ............ .16K Distribution of Council Mail.............................................................................. 16 L Draft for 10-06-2005 review Table of Contents (contd) Strategic Planning........................................................................................... 17M City Employees ............................................. ............... ......... ................... Page 18 Participating in Auctions................................................................................... 18A Reimbursement of certain meal event.................................................. ...18B General Adm inistration .......... ........................................... ............... Pages 19-20 Application Fee Waivers................................................................................... 19A Sparkling Clearwater ............. ............................................. .............................. 19B Drew Street Banner.......................................................................................... 19C Fire Lanes........................................................................................................ 20D Copyright Fees................................................................................................. 20E Renewal........................................................................................................... 20F Stationery....................................................................................................... ..20G Welcome Letters........................................................................................... .... 20H Citizens to be Heard Response........................................................................ 20 I Special Event Street Closure Limitation........................................................... .20J land Development .... ......................... ......... .................. ......... .......... Pages 21-22 Annexation Agreements................................................................................... 21 A Subdivision Monuments ............ ................. .................. ......... .............. ............. 21 B Petitions for Annexation.............................................,...................................... 21 C Easement - US 19 (Deleted by Counci/8-21-03)............................................21 D Landscaping of City Roads............................................................................... 21 E Parks & Recreation Card to Annexing Property............................................... 21 F Waiver/reduction of Liens.. .............. ............................... ...... ............. ..22G legal...... ............ .............. ................................................ ........ ................. Page 23 Case Reports................................................................................................... 23A leisu re.................................................................................................... Pages 23 Holiday Decorations............................................................................... .......... 23A Library Donor Naming Recognition...................................................... .. 23B 11 Draft for 10-06-2005 review BOARDS .\\Uor';;'c i~. .~, "C::i - I.., '2: ~ .~ <(~ .-: c::;,: .~ ~. ~TE\\.~~ CITY COUNCIL POLICY A. Representative Balance. When making appointments to a board, the City Council will strive to assure the board has a balance of race, gender and geographical area of the City represented. B. Ad Hoc Committees. Members of boards may also serve on Ad Hoc committees or Task Forces. C. City Representatives on Non-City Boards. Individuals appointed by City Council to be the City's representatives on non-City Boards will serve no more than three consecutive terms. The representatives shall keep the Council informed of the activities of the boards by providing annual reports unless more frequent reports are requested. Note: Policy C Revised and approved by Counci/8-21-03 D. Non-Board Business Functions - Sunshine Law. In order to eliminate the possibility or appearance of violation of the Sunshine Law, all boards and committees appointed by the City Council are requested not to schedule luncheons or other non-board business functions. E. Special Request. Requests for special reports on projects will require Councilor City Manager's approval prior to staff commencing efforts in this regard. F. Input to Other Boards/Committees. Upon majority approval, a board may advise other boards or agencies regarding its position on issues but may not represent that position as City policy. G. Letterhead. Advisory Board letterhead may be used and staff assist when correspondence is written on behalf of the entire board. Letterhead will not be used by individual members expressing individual opinions and concerns. H. Campaign Material during Meetings. During City Council and board meetings, board members will not display material supporting or opposing candidates or issues on any election ballot. I. Input to from Advisory Boards. Staff will assure that input te from advisory boards regarding issues alse coming before the City Council is noted in the City Council's agenda items. J. City Representatives on Non-City Boards (Note: Deleted by Council 8- 21-03) K. Advisory Board Dinner. Each recipient of an invitation to the Annual Advisory Board Appreciation Dinner may bring one guest. Members should attend at least one meeting prior to being invited to the annual dinner. Draft for 10-06-2005 review BUDGET and FINANCE . ~'J.(~~;~~- ~ //", ~.. ::c:; / '~-- ~: ......, <, .~ ~. ~ ~. ~n~~~; CITY COUNCIL POLICY A. Balanced Budget. It is a policy of the City Council to adopt a balanced budget for all funds. The City will avoid budget and accounting practices that balance the budget at the expense of future budgets. The City will also avoid budgeting any unrealized investment gains due to the City's practice of holding investments until maturity. B. Maintenance of Capital Plant and Equipment. It is a policy of the City Council that the City's budget will provide adequate funding for maintenance of capital plant and equipment and the funding for their orderly replacement. C. Budget Review Process. It is a policy of the City Council to be provided with a quarterly budget report comparing actual versus budgeted revenue and expense activity. D. Budgetary Position Control. It is a policy of the City Council that the total number of permanent full-time and part-time positions (full-time equivalents) approved in the annual operating budget may not be exceeded without prior approval of the authorized staffing level. E. General Fund Unappropriated Retained Earnings. It is a policy of the City Council to maintain a General Fund reserve equal to 8% of the subsequent year's budgeted expenditures as a contingency fund to meet unanticipated financial needs. Should funds in excess of 8% be available in any fiscal year, these funds shall be identified as available, and may be appropriated by the Council for specific Capital Improvement Projects or other one-time needs. In addition, the City Council will maintain an additional General Fund reserve equal to %% of the subsequent year's budgeted expenditures to fund unanticipated retirements of General Fund long-term employees during the given fiscal year. Any appropriations approved by the City Manager during the year, for this purpose, will be noted in the City Manager's quarterly budget report. F. Capital Improvement Budget and Capital Improvement Plan. It is a policy of the City Council to adopt a six-year Capital Improvement Plan and Budget which summarizes the project scope, estimated cost estimates by project, method of financing, and anticipated operating costs of each project. 2 Draft for 10-06-2005 review Budget and Finance (contd.) G. Road Millage. In order to maintain the City's sidewalks and streets (including curbs and bridges), a road millage will be designated as a part of the annual budget process. Priorities will be determined first on functional and safety considerations. Road Millage may be used for aesthetic repairs. H. Enterprise Funds. It is a policy of the City Council that all Enterprise Fund operations shall be self-supporting, and shall pay administrative and other appropriate service charges to General Fund Operations for support at a level determined by the City Council. I. Enterprise Fund Transfer Payment. It is a policy of the City Council that the specific enterprise operations designated by the City Council shall annually transfer to the General Fund an amount determined appropriate to be considered reimbursement in lieu of taxes. The current rate is 5.5% of prior year qross revenues. April 1989 policy adopted by councilmembers established this rate at 4.5% of prior-year gross revenues. This proportionate rate was adopted to accommodate growth, and replaced prior years' policy of a prescribed dollar contribution. Other than the exceptions noted below, the rate of 4.5% remained in effect until the City Council adopted the amended rate of 5.5% in September 2005. Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the Council agreed to replace the Gas Support contribution with a franchise fee from natural gas customer accounts payable to the General Fund. This, in combination with the Gas dividend, offered the General Fund the same level of support as fiscal year 1995/96. The Gas System Dividend will be a minimum of $1,000,000 plus a PILOT (Payment in Lieu of Taxes) fee of at least $508,720. Such PILOT fee will be paid by the Gas Franchise Fees to offset such PILOT payment. When the Gas System Net Income less Bond Interest Earnings exceeds $2-:-a RO million for any fiscal year, the Gas Dividend payment for the next fiscal year will be one half of that amount. In September 2000, with the adoption of the 2001/02 Annual Operating Budget, the City Council expanded this policy, which had previously been imposed only on the utility enterprises, to include an annual payment in lieu of taxes from the Marine and Airpark Fund. At the current time, the Parking Fund has not been imposed such a payment. J. Interfund Administrative Charge. It is a policy of the City Council that an allocation shall be made annually distributing the costs for administrative support departments among all operating departments. This distribution shall be proportionately based on the operating 3 Draft for 10-06-2005 review department's annual budget, and shall not be charged to General Fund departments. Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the Council agreed to maintain the same charge for administrative support from the Gas Fund for fiscal year 1995/96 which will be increased annually by estimated the cost of salary increase index (fiscal year 2001/02 - 5%). Beginning in fiscal year 2001, the City Council approved an adjustment to the Gas Fund charge increasing the charge by $325,000 over the computed amount to bring the Gas Fund more in line with the proportionate amount calculated in the same manner as the Other Enterprise Funds. Due to the nature of the Harborview Fund, this enterprise operation is not charged this fee. K. Interfund Other Service Charges. It is a policy of the City Council that the cost of services provided to Enterprise Fund Departments by General Fund Departments shall be charged to, and paid by the Enterprise Fund. L. CRA Contribution to General Fund. It is the City's policy that services provided for administrative support to the Community Redevelopment Agency (CRA) by City employees shall be reimbursed to the General Fund. Such reimbursement shall be approximate actual costs incurred by the department, together with any associated costs. M. Special Event Fees. The Special Events Committee will review applications for use of City beaches, sidewalks, outdoor recreation open space and rights-of-way. Sponsoring organizations will be responsible for the costs of all City services needed in conjunction with the events unless they are City sponsored or co-sponsored events. The City Council may waive all or a portion of fees and related charges for City sponsored or co-sponsored events, including, but not limited to Fun 'N Sun, Jazz Holiday, July 4th, Turkey Trot and Martin Luther King Parade. There shall be an annual review of City sponsored/co-sponsored events during the budget process. An agenda item confirming co-sponsorship and waiver of fees for those to be submittedjn the budget will be brought for City Council acceptance in March of each calendar year. All items accepted by the Council are then to be included in the appropriate department's budget. Only after the item is passed as part of the approved budget is the item considered funded. In the event additional monies are requested beyond what is included in the approved budget, City Council approval will be needed before said additional funds are appropriated. Note: Policy M Revised and approved by Counci/B-21-03 4 Draft for 10-06-2005 review Budget and Finance (contd.) N. Accounting Procedures. It is a policy of the City Council to establish and maintain a standard of accounting practices on a basis consistent with Generally Accepted Accounting Procedures (GAAP), and the Governmental Accounting Standards Board (GASB), and the standard practices of the Government Finance Officers Association of the United States and Canada (GFOA). The City will also comply with the rules of the Auditor General and the Uniform Accounting System as required by the State of Florida. O. Review of Rate Schedules. It is a policy of the City Council to review rate schedules of the City of Clearwater at a minimum of every 5 years. The purpose of the review will be to assure rates are set in a manner to be fair and equitable while covering the City's cost to provide the service. Unrestricted fund balances (working capital reserves) should be maintained at a level equivalent to at least three months' operation and maintenance expense. P. Review of Annual Audit. It is a policy of the City Council to have a Certified Public Accounting firm perform an annual audit on all of the City's funds. A work session will be held each year within 60 days of the release of the annual financial audit of the City. At that time, the overall financial condition of the City and its enterprise funds will be reviewed. Q. Investment Policy. (1) SCOPE The statement of investment policy and guidelines applies to all investments of the City's pooled cash, which includes cash and investment balances of the following funds: · General · Special Revenue · Debt Service · Capital Projects · Enterprise · Internal Service Funds · Trust Funds The policies set forth do not apply to the Employee Pension and Deferred Compensation Funds of the City of Clearwater, deposits for defeased debt, or assets under Bond Trust Indenture Agreements. (2) INVESTMENT OBJECTIVES A. Safety of principal is regarded as the highest priority in the handling of investments for the City. All other investment objectives are secondary to the safety of capital. Each investment transaction shall seek to first ensure that capital losses are avoided. 5 Draft for 10-06-2005 review Budget and Finance (contd.) From time to time, however, securities may be traded for other similar securities to improve yield, maturity or credit risk. For these transactions, a loss may be incurred for accounting purposes, providing any of the following occurs with respect to the replacement security: · The yield has been increased, or · The maturity has been reduced, or · The quality of the investment has been improved B. The City's investment strategy will provide sufficient liquidity to meet the City's operating, payroll and capital requirements. To accomplish this the portfolio will be "Iaddered" with maturates each month except for those months in which significant Ad Valorem taxes are received. To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow requirement, the City will not directly invest in securities maturing more than 15 years from the date of purchase. And unless, specifically matched against a debt or obligation not more than 1 0% of the portfolio will have a maturity greater than 1 0 years. C. The City's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio. (3) PERFORMANCE MEASUREMENT The benchmark yield for the operating portfolio will be the weighted average yield determined by using the following maturity distribution and the related U.S. Treasury yields. Treasury yields are considered benchmark for riskless investment transactions and, therefore comprise a minimum standard for the operating portfolio's rate of return. The investment program shall seek to augment returns above this threshold, consistent with risk limitations identified herein. Average Treasury Rates Percentage Distribution Overnight rate 3 month Treasury Bill rate 6 month Treasury Bill rate 1 year Treasury Bill rate 3 year Treasury Note rate 25% 20% 15% 20% 20% Total 100% 6 Draft for 10-06-2005 review Budget and Finance (contd.) (4) PRUDENCE AND ETHICAL STANDARDS The standard of prudence to be applied by the investment officer shall be the "Prudent Person" rule, which states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income derived." The "Prudent Person" rule shall be applied in the context of managing the overall portfolio. (5) AUTHORIZED INVESTMENTS 1. The City shall limit investments, as authorized in Florida Statutes to: a. Direct obligations, the United States Treasury. Investments in this category would include but not be limited to the following: United States Treasury Bills, Notes and Bonds, and securities issued by the Small Business Administration, Government National Mortgage Association (Ginnie Mae), Veterans Administration, and Federal Housing Administration. b. Federal Agencies and instrumentalities. Investments in this category would include but not be limited to the following: obligations of the Federal Home Loan Banks System (FHLB) or its distinct banks, Financing Corporation (FICO), the Federal Farm Credit Bank, Federal National Mortgage Association (Fannie Mae), Federal Home Loan Mortgage Corporation (Freddie Mac), Student Loan Marketing Association (Sallie Mae), Financial Assistance Corporation and Federal Agriculture Mortgage Corporation (Farmer Mac). c. Securities and Exchange Council registered money market funds with the highest credit quality rating from a nationally recognized rating agency. d. Interest-bearing time deposits or savings accounts, in a qualified Public Depository as defined in s. 280.02 FS. e. Debt issued by the State of Florida or any political subdivision thereof including pools. f. 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. 80a-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 7 Draft for 10-06-2005 review Budget and Finance (contd.) 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. Repurchase Agreements and reverse repurchase agreements collateralized by securities otherwise authorized in this policy. g. The Local Government Surplus Funds Trust Fund or any intergovernmental investing pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in s. 163.01. h. Commercial paper of prime quality of the highest letter and numerical rating as provided for by at least one nationally recognized rating service. (6) Maturity and Liquidity Requirements A. The City will attempt to forecast expected cash outflows and inflows by major categories. For months that the outflows exceed inflows the City will have investments maturing that month in excess of the forecasted deficits. B. As stated above the City will ladder it's maturates so that there are maturates each month with the exception of months when the majority of Ad valorem taxes are received. C. The City will attempt to keep the weighted average maturity to three years or less. Due to market conditions and cash needs the average maturity may temporarily be greater than three years but no greater than four years. (7) Portfolio Composition, Risk and Diversification Assets held shall be diversified to control risk of loss resulting from over- concentration of assets in a specific maturity, issuer, instrument, dealer[broker, through which these instruments are bought and sold. The following maximum limits apply to the portfolio: Maturity date Specific issuer Commercial paper 10% Specific instrument 40% Specific dealer/broker 25% CMOs and REMIC 8% 33% 33% 8 Draft for 10-06-2005 review ! i_ Budget and Finance (contd.) Diversification strategies within the established guidelines shall be reviewed and revised periodically as necessary by the Investment Committee. (8) Authorized Investment Institutions and Dealers A. Banks - Certificates of deposit purchased under the authority of this policy will be purchased only from Qualified Public Depositories of the State of Florida as identified by the State Treasurer, in accordance with Chapter 280 of the State Statutes. B. Broker/Dealer Approvals and Limitations - Time, practicality, and general business constraints limit the number of investment relationships which can be managed on a regular basis. In most cases, normal investment activity will be limited to no more than ten dealer relationships. A broker/dealer list will be established by the Finance Director or designee. This list will be presented to the Investment Committee for approval. This list will be updated as needed and approved by the Investment Committee. (9) Third-Party Custodial Agreements All securities shall be held by a third party safekeeping company. All purchases by the City under this policy shall be purchased using the "delivery versus payment" procedure. For all purchases and sales of securities the third party custodial will be notified by fax of the transaction including all details of the securities purchased or sold. The notification will be signed by two individuals authorized to make investment decisions. (10) Master Repurchase Agreement All approved institutions and dealer transacting repurchase agreements shall be covered by a Master Repurchase Agreement. All repurchase agreement transactions shall adhere to the requirements of the Master Repurchase Agreement. (11) Bid Requirements After the Finance Director or designee has determined the appropriate maturity based on cash flow needs and market conditions and has selected one or more optimal type of investment, the security in question shall, when feasible and appropriate, be competitively bid. Competitive bids or offerings shall be received from at least three dealers/brokers on all sales or purchases except in situations where: 9 Draft for 10-06-2005 review Budget and Finance (contd.) A. The security involved is a 'new issue' and can be purchased 'at the auction'. B. The security has a fixed "postal-scale" rate. C. The security involved is available through direct issue or private placement. D. The security involved is of particular special interest to the entity and dealer competition could have an adverse impact with respect to the price and availability to the City. It is also realized that in certain very limited cases the City will not be able to get three quotes on a certain security. For those cases the City will obtain current market prices one of the following to determine if the transaction is in the City's best interest: 1. Bloomberg Information Delivery System. 2. Wall Street Journal or a comparable nationally recognized financial publication providing daily market pricing. 3. Daily market pricing provided by the City's Custody Agent or their corresponding institution. (12) Internal Controls The Finance Director shall establish and monitor internal and procedural controls designed to protect the City's assets and ensure proper accounting and reporting of the transactions related thereto. The internal controls will be designed to prevent losses of funds which might arise from fraud, employee error, misrepresentations by third parties, or imprudent actions by employees of the City. All buy and sell communications with the third party safekeeping company will be signed by two individuals authorized to make investment decisions. The internal controls developed under this policy shall be reviewed by the independent auditors as a regular part of their audit of the City. The Finance Director shall establish an Investment Committee that meets on a regular basis for the purpose of reviewing investment transactions, approving brokers/dealer changes and other investment activities. (13) Reporting The Finance Director or designee shall report on at least an annual basis the following information on the City's investments: A. Securities by class/type. B. Book Value C. Market Value D. I ncome Earned 10 Draft for 10-06-2005 review Budget and Finance (contd.) (14) Continuing Education The chief investment officer will complete no less than 8 hours of continuing educational opportunities on investment practices each fiscal year. The chief investment officer will have sufficient knowledge and education to invest in any and all of the securities listed above. R. Debt Management Policy This policy is to establish criterion and procedures for the issuance of debt financing by the City. This Debt Policy confirms the commitment of the City Council, management, staff, advisors and other decision makers to adhere to sound financial management practices, including full and timely repayment of all borrowings, and achieving the lowest possible cost of capital within prudent risk parameters. The City shall employ the use of debt to compliment the significant recurring commitments of annual appropriations for capital purposes in a way that is fair, reasonable, and equitable to each generation of taxpayers, ratepayers, users and other beneficiaries. 1 . General: A. The City shall seek to maintain their high bond ratings so borrowing costs are minimized and access to credit is preserved. B. The City may utilize debt obligations to refinance current debt or for acquisition, construction or remodeling of capital Improvement projects that cannot be funded from current revenue sources or in such cases wherein it is more equitable to the users of the project to finance the project over its useful life. C. The useful life of the asset or project generally must exceed the payout schedule of any debt the City assumes. D. The City will analyze funding alternatives to minimize the cost impact of debt structures on the taxpayers or ratepayers. E. The outstanding debt will be reexamined periodically to determine whether an economical advantage exits for refinancing the outstanding debt given changes in the interest rate and bond market. As a general rule, the present value savings of a particular refunding should exceed 5% while maintaining a similar maturity schedule to the original debt. 2. Type and Structure of Debt: A. Any legally allowable debt may be used for financing capital improvements; this includes, but is not limited to, short-term and long- term debt, general obligation and revenue debt, fixed and variable rate debt, lease-backed debt, conduit issues, and taxable debt. The use of zero coupon bonds, capital appreciation bonds, deep discount bonds, and premium bonds may be considered. B. The City may consider the use of credit enhancements (letters of credit, bond insurance, surety bonds, etc) when such credit enhancements proves cost-effective. 11 Draft for 10-06-2005 review Budget and Finance (contd.) C. When fiscally advisable and when consistent with contractual obligations, the City shall lease purchase capital equipment. Generally, equipment will have a monetary value $25,000 or more and a minimum life expectancy of three years. The debt service on the lease purchase items shall be paid by the user department. 3. Issuance of Obligations A. Selecting Service Providers: 1) The City may retain an independent financial advisor for advice on debt structuring, the rating review process, marketing debt issuances, sale and post-sale services and to prepare and/or review the official statement. 2) The City may also retain independent bond counsel and disclosure counsel for legal and procedural advice on all debt issuances. 3) As necessary, the City may retain other service advisors, such as trustees, underwriters, and pricing advisors. 4) Any process utilized to select professional service providers in connection with the City's debt program shall be in conformance with City purchasing policies, procedures and requirements. The objectives of the process will be to: a) Promote competition b) Be as objective as possible c) Incorporate clear and rational selection criteria d) Be independent of political influence e) Be perceived as fair by the respondents f) Result in a cost-effective transaction g) Result in the selection of the most qualified firm h) Eliminate conflict of interest B. Method of Sale 1) Competitive Sale. The City will generally seek to issue its bond obligations in a competitive sale. Other methods may be used if it is determined that such a sale method will not produce the best results for the City. 2) NeQotiated Sale. The City may elect to sell its bond obligations through a negotiated sale. This method will usually be considered when the bond issue is refunding a prior issue or there is a unique or unusual component to the bond issue. 3) Private Placement. When determined appropriate, the City may elect to sell its debt obligations through a private placement or limited public offering. C. Maturity of the debt 1) Bonds will generally not have more than a thirty-year duration. 2) Lease Purchase debt will generally not have more than a five- year duration. Note: Policy R was revised and approved by Council 6/19/03 12 Draft for 10-06-2005 review Budget and Finance (contd.) S. Central Insurance Reserve Policy It is a policy of the City Council to maintain a Central Insurance Fund reserve. This reserve is composed of two amounts: . *General: An amount reserved to guard against unforeseen or uninsured costs or increases in property, workers' compensation, or liability insurance. The target minimum balance for this reserve is equal to 75% of the GASS 10 c31cul3ted actuariallv calculated self- insurance reserve liability. . *Health Insurance: An amount reserved for use as a budgeting tool to offset any large increases in the City's costs to provide health insurance. The target minimum balance for this reserve is 15% of the annual city health insurance expense. *If reserves are drawn down below the above target minimum balances, the City will develop a plan to replenish the reserves, generally within five (5) years. Note: Policy S was revised and approved by Council 6/19/03 T. Clearwater Gas System Supply Hedging Policy It is a policy of the City Council to limit the financial risk to Clearwater Gas System (CGS) of natural gas purchases by Hedging a portion of its gas supply needs with the intention of reducing price volatility for the residential, commercial, and industrial customers of CGS. Hedging amounts for a specified period of time will NOT exceed the expected average natural gas energy usage over that time period. The City Representative shall issue a Directive to Florida Gas Utility (FGU) in the event that CGS would like FGU to take any action with respect to a Financial Product on its behalf. The General Manager of FGU shall not be authorized to enter into a Financial Product on a system- wide basis for CGS without a Directive from the City Representative. Financial Products shall be purchased or otherwise acquired for the purpose of risk management and, to the extent possible, shall be entered into in such a manner as to meet applicable accounting standards as a "hedge" for accounting purposes; provided that the failure to obtain any particular accounting treatment with respect to a Financial Product shall not form a basis for challenging or otherwise calling into question the legality and enforceability of a Financial Product entered into pursuant to a Directive. CGS shall not engage in any purchase or acquisition of Financial Products for Speculation. In the event if any inconsistency between the terms of this Policy and any existing agreement between FGU and CGS, including, without limitation, the All Requirements Gas Services Agreement, dated as of February 15, 2002 and as amended from time to time, between FGU and CGS and entered into pursuant to Resolution No. 02-02 the City of Clearwater, Florida, the terms of such agreement shall prevail. 13 Draft for 10-06-2005 review Note - Policy T was adopted on December 2, 2004. Budget and Finance (cont'd.) 1. City Representative - A representative of the City of Clearwater, Florida, who can authorize a Directive with respect to Financial Products, which term shall include, without limitation, any person designated as a "member representative" or "project participant representative" under an agreement between FGU and the City of Clearwater, Florida. 2. Directive - An instrument, in writing, executed and delivered by a City Representative that gives directions to FGU, or otherwise authorizes actions by FGU, with respect to Financial Products and the related Financial I nstru ments. 3. Financial Instruments - One or more agreements entered into with respect to Financial Products by and among the parties thereto, which may include FGU, CGS, or both, or any other third party or counterparty thereto, and such term shall expressly include, without limitation, any assignment or termination agreement related to Financial Products by FGU, CGS, or both. 4. Financial Products - Swaps, options, caps, collars, floors, forwards, futures contracts, and any other Hedging transactions, and any combination of the foregoing, whether executed "over-the-counter" pursuant to private agreement of "exchange-traded" on one or more regulated contract markets. 5. HedQe - To minimize or protect against loss by counterbalancing one transaction against another or otherwise mitigating economic risk. The term "Hedging" shall be construed accordingly. 6. Speculation - Using Financial Products in a manner not reasonably expected to reduce the risk associated with CGS business activities. 14 Draft for 10-06-2005 review CITY COUNCIL , ..t{~l;r;;"6- A." ~.. 0.. '.::.i :~1i:, -,i:;ii .. C(' '...., ~, .-: ~' ...~ c:s ' ~~n~8.)' ' CITY COUNCIL POLICY A. Resolutions. An individual Council member may request a resolution. However, prior to preparation of the resolution, there must be a majority of the Councilmembers agreeing to do so. B. Proclamations. The City of Clearwater will consider issuing proclamations from all segments of the community without regard to gender, race, ethnicity or handicap. Proclamations will not be issued to individuals. companies, "for profit" organizations, profit making agencies, political organizations or religious organizations. C. Representation on Boards. Councilmembers are asked to serve on various regional and governmental boards. Boards/Committees may be added or deleted from time to time. These duties should be distributed equitably among the Councilmembers. Appointment of Council members to these boards shall be evaluated annually in April. Whenever possible, a Council representative on a board or committee will receive Council input prior to taking a position regarding issues coming before that board. The representing Councilmember shall vote in accordance with the stated position of the majority of the Council. If it is not possible to obtain Council input the Councilmember is to act to the best of their ability in the city's interest and with prior Council positions in mind. Periodic review of the actions of these boards and committees is desirable and the representing Councilmember should coordinate these reports. D. Citizen Inquiries - Responses. 1. Generally responses should be in the same form as received, i.e. letter with letter. However, when deemed to be more appropriate a different form may be used. 2. Inquires addressed to a specific Councilmember will be responded to by that Council member. 3. Inquires addressed to the whole Council, whether in one letter or duplicate letters to all Council members will be answered factually by the Mayor with an introductory phrase of "On behalf of the Clearwater City Council." Policy responses shall require consultation with other Councilmembers prior to being sent. Mail will be routed to the appropriate staff to draft a response. Individual Councilmembers are not precluded from responding individually to express their opinion. 15 Draft for 10-06-2005 review City Council (Cont.) 4. Inquiries received which are not specifically addressed to the Council or its members will be answered by the City Manager or designated staff member. 5. Copies of correspondence received will be distributed to all Councilmembers with an indication of who will prepare a response. 6. Copies of letter or e-mail responses to inquiries addressed to the Councilor a Councilmember will be provided to all Councilmembers. 7. Form letters or emails may be acknowledged but will not require a customized response.:. E. Departing Council members' Gifts. Departing gifts shall be chosen in consultation with the outgoing members. The value of the gifts shall be a maximum of $300 for one full term, $500 for two full terms and $600 for more than two full terms. One full term. Plaque, nameplate, letter, pewter tray with seal, Council pictures. Two full terms. Plaque, nameplate, letter, fax machine or City watch, Council pictures. Three of more full terms. Plaque, nameplate, ring, collage or album, tray with seal, letter, gag gift, caricature. F. Council Travel. Payment for travel expenses shall be in keeping with the charter and the City's travel code. Specific amounts of the Council's travel budget shall be allocated to each Council member during annual budget preparations. At the end of each fiscal year Council members shall provide a report detailing that year's travel. Council approval shall be obtained prior to any member exceeding their annual allocation for travel. Note: Policy F Revised and approved by Counci/B-21-03 G. Fund Raisers. It shall be at the discretion of individual Councilmembers whether or not to accept invitations to fund raising activities. Expenses incurred by acceptance are not reimbursable. City employees will not attend these functions as City representatives. H. Staff Projects. A Councilmember shall request staff research or projects only through the City Manager or City Attorney in accordance with the City charter. Any request that, in the determination of the City Manager or City Attorney, will take longer than 8 hours must be approved by a majority of the Council. The results of such research or projects, except for legal advice to an individual, will be shared with all council members. I. Annual Dinners. Newly elected Councilmembers shall be invited to the annual Phillies and advisory board dinners. 16 Draft for 10-06-2005 review City Council (Cont.) J. Televising Council Meetings. All regular City Council meetings and work sessions will be televised on C-View. Efforts will be made to also televise specially scheduled meetings and work sessions. However, there will be times when this is not possible, or practical. No closed door attorney/client or bargaining sessions will be televised K. Information Available to Public and Press. All material prepared by the City Manager and City Attorney for the Council shall be provided to the press and to the public via the Official Records and Legislative Services Department. Note: Policy K Revised and approved by Counci/B-21-03 L. Distribution of Council Mail. All mail to the Mayor and the Councilmembers arriving at City Hall received pursuant to the law or in connection with the transaction of official business by the City of Clearwater shall be copied as follows: Councilmembers will receive the original of items addressed to them whether anonymous or not. Copies of everything will be made for the Official Records and Legislative Services Department, the Legal Department, and the public information file. Mail will be delivered to the Council at least once per week. On days mail is not delivered, incoming mail will be faxed to each Council member. Other anonymous letters and suggestions will not be distributed but will be maintained in the City Manager's Office. Publications and lengthy agenda materials for other boards upon which the Councilmembers serve will not be copied. Only the agendas will be copied and distributed~ Items of considerable length (such as petitions) will not be copied, but instead a memo will be distributed announcing the availability of the item in the office. Mail with the words similar to "Personal", "Confidential", or "For the Addressee Only" will be delivered unopened to the addressee. The Mayor and Council members receiving individually addressed mail will be responsible for replying, asking the City Manager or City Attorney to reply, or placing the matter on the agenda for formal Council consideration. The City Manager will be responsible for seeing that mail addressed to the Council as a whole is properly answered or placed on the agenda. The City Manager will discuss with the Mayor malicious mail. 17 Draft for 10-06-2005 review City Council (Cont.) All e-mails received by the Council members in their individual city email account will be forwarded to the Council Assistant for distribution, or email forwarding, in the same manner as other "hard copy" mail. The following emails will not be forwarded: SPAM/JUNK, broadcast general information or solicitation or items pertaininq to schedulinq. Emails or "hard copy" mail relating to city business, sent directly to a councilmember's home or private business, or hand delivered, shall also be forwarded to the Council Assistant for distribution. M. Strategic Planning. Each year the City Council shall meet in a strategic planning session(s). The meeting(s) will review and update as necessary, the City's Mission, Values and Vision Statements. From these documents a five-year strategic plan will be developed. The five-year strategic plan will become the basis for the annual City Manager and City Attorney Objectives, and the City's annual budget process for the next fiscal year. 18 Draft for 10-06-2005 review CITY EMPLOYEES ~i~t;r;~2>j. C.\ ;)c. '.J-. ,o'~.A :<<w:~ '2;'\ .<::i.V. ..,;:. ..., , t::I . .-: ~. ...f't' ~' ~h_ ,,~. ?'i4TE9.... CITY COUNCIL POLICY A. Participating in Auctions. City employees and Councilmembers are prohibited from participating in City auctions involving the sale of property which has either been abandoned and confiscated, acquired with public funds or which has otherwise come into the possession of the City. They may attend as spectators but may not bid on or purchase items offered for sale. All actions that would lead to perceptions of participation, such as a family member bidding on items, should be avoided. It is the intent of this policy to avoid giving "insider" information or a profit motive to employees or their families in the disposal of surplus items. B. Reimbursement of certain meal events. The City Manager will determine when it is appropriate to reimburse city employees for meal costs associated with recognition, award and business related functions. 19 Draft for 10-06-2005 review GENERAL ADMINISTRATION ~~).lor"'2>j. C.\ ;) , , .J-. ",&" .~ ~~ ' ..., t::I .- ~. f't' ~' ~If:4TE9.~~' CITY COUNCIL POLICY A. Application Fee Waivers. Generally, building permit, occupational license, plan review and zoning-related application fees will not be waived except for City projects and other governmental agencies. If staff believes special conditions exist, such requests may be brought to the Council for consideration. Application fee waivers for governmental agencies will include all governmental projects including those in which the governmental agency is leasing property from a third party, providing the governmental agency is the entity which applies for and obtains the permit. PACT will be considered a governmental entity when considering application fee waivers. NOTE: The City Clerk's research regarding waiver of application fees shows the following: Chi Chi Rodriquez Youth Foundation - no waivers Center Foundation - waive building permit fees Pinellas County - waived building permit fees for work done by County forces; waive fees for variance application State of Florida - waive fees for variance applications Clearwater Ferry - waive building permit fees St. Petersburg Jr. College - refunded building permit fee for parking lot None of the above includes waiving impact fees. B. Sparkling Clearwater. In order to maintain and enhance the image of Sparkling Clearwater, the Council supports staff in enhanced solid waste recycling and conservation projects, tightening and increasing enforcement of codes (Le., fence landscaping, prohibition of banners, lot clearing, etc.). Staff is also directed to place a greater emphasis on and coordinate aesthetic consideration on site plans and other development review (Le., placement of dumpsters, fencing of dumpsters, property landscaping and landscaping of parking lots including perimeter plantings). Litter cleanup and "adopt a street or park" programs are encouraged. Educational and incentive programs for both City staff and the public addressing this issue should be developed. C. Ore':: Street Banner. The City M~mager m3Y approvo banners to be pl3cod on the dosignated right of way v.'here DrO'.v Street torminates 3t Clovol3nd Stroot. Requosts may bo submitted one calondar year prior to tho intended install3tion date 3nd will bo 3pprovod f{)r n one wook timo poriod. Tho City M3n3gor m3Y, if no othor roquests have boon recoivod, extend tho 3pproval for an 3dditional wookend (2 days). 20 Draft for 10-06-2005 review General Administration (contd.) D. Fire Lanes. Fire Department personnel will participate in the enforcement of parking violations pertaining to fire lanes and fire hydrants. E. Copyright Fees. The City shall pay the necessary copyright fees to ASCAP for those concerts in the bandshell co-sponsored by the City. The City shall provide a monthly report to ASCAP regarding activities in the bandshell and ASCAP shall be responsible for collecting the fees from bands participating in non-City sponsored programs. In addition, the City shall pay the necessary copyright fees to BMI for showing movies at various recreation centers. F. Renewal. All renewals of agreements the City has with organizations or tenants should be presented to the Council at least sixty (60) days prior to the expiration of the original term. G. Stationery. The City shall have one form of stationery on which the City seal will be imprinted. Paper stock will be recyclable. Other forms in supply will be allowed to be used until said supply is depleted. Exception: The Gas Division may continue to use its logo but the City Seal must be located somewhere on the stationery. H. Welcome Letters. Upon adoption of an Annexation Ordinance staff will prepare a letter for the Mayor's signature welcoming the nev.' residont property owner to Clearwater. I. Citizens to be Heard Response. When appropriate~ responses will be sent to those addressing the Council under Citizens to be Heard regarding Items not on the Agenda. J. Special Event Street Closure Limitation. Street closures for special events shall be limited to two (2) per calendar year requested by anyone non-profit or for-profit organization. The City of Clearwater shall be exempt from this limitation. The City shall comply with any Florida Department of Transportation policies regarding street closures of state roads. 21 Draft for 10-06-2005 review LAND DEVELOPMENT ,\{~t;;';;c ' ,,~...'- ~c <::i' Q' ~..., s ;(:. .0::::. t::I '~ ~, 7yATE9.~~' CITY COUNCIL POLICY A. Annexation Agreements. The City Manager is authorized to approve routine annexation agreements involving one existing or proposed residences. Where a discrepancy exists regarding land use designations, right-of-way requirements, or any other circumstances, administrative approval is not authorized. A quarterly report of administrative approval is requested. B. Subdivision Monuments. New entranceway landscaping, monuments, signage, and walls shall not be allowed within the public rights-of-way of the City of Clearwater. Such special treatments are to be upon private property and in accordance with all applicable codes and regulations. The owners of all existing entranceway features occupying public property are to execute an agreement with the City of Clearwater wherein owners agree to keep all features in good repair, hold the City harmless for any liability arising from the use of the public right-of-way, and provide a $500,000 liability insurance policy. Upon failure of the owners to execute such agreement and provide the required insurance policy after forty-five days from written notice, or by tagging the structure when owners cannot be determined, or upon failure of the owners to repair or maintain any feature of the site which has fallen in disrepair after similar notice, the Public Works Department is to remove all such materials occupying the public right-of-way. A wooden sign with breakaway features approved by the City Engineer may be allowed within the public right-of-way when associated with tRe P3rks and Recro3tion "Adopt a P3rk" progr3m a city approved "Adopt a (fill in name)" orOQram, and is to be limited to a size necessary to name the sponsoring agency in 3-inch letters. Such sign to be a maximum height of 18-inches. C. Petitions for Annexation. Request to be made that all contiguous parcels under the same ownership be annexed simultaneously. D. Easement - U.S. 19 (Note: Deleted by Council 8-21-03) E. Landscaping of City Roads. Whenever possible, landscaping will be a part of City road and street improvement/construction projects. F. Parks & Recreation Card to Annexing Property. Resident Parks & Recreation cards may be obtained by petitioners for annexation upon acceptance of the application. 22 Draft for 10-06-2005 review Land Development (Cont.) G. Waiver/reduction of liens. In order to encourage (re) development of properties for enhancement of property values and living conditions in the City, the following factors will be considered for requests for waivers/reductions of lot clearing, nuisance abatement, and/or unsafe structures/demolition liens. . Whether the violation has been brought into compliance regarding the violation cited. . Whether extreme or undue hardship is shown regarding payment of the lien and/or regarding coming into compliance with code requirements during the required time. . Whether there are existing code violations on other properties owned by the violator or prospective purchaser. . Whether there is a development or redevelopment proposal regarding the property which would result in improvement or upgrade of the property. . Whether, given such a development or redevelopment plan, it would be impractical to take the compliance action directed by the City Council. . Whether payment would hinder a proposed sale of the property. . Whether an appraisal of the property, submitted by the applicant, demonstrates to the City that the cost of the lien has been absorbed. . The amount of a lien will not be reduced below the amount representing administrative costs incurred by the city regarding the case. 23 Draft for 10-06-2005 review LEGAL CITY COUNCIL POLICY A. Case Reports. The city attorney shall furnish to the city council a quarterly report of pending litigation, identifying each case, opposing counsel, the nature of the case, and the status of the case as of the date of the report. In addition, the city attorney shall keep the city council and city manager advised from time to time as to significant developments in each case. LEISURE ,,\6[';';;~ ~,''''~' ,>~- . ~ '.... ~; ,r;;::. ~ .~ ~. ~n9..~~ . CITY COUNCIL POLICY A. Holiday Decorations. Holiday decorations along the rights-of-way to be installed or paid for by the city will be limited to the Downtown Core, aM Memorial Causeway, South Gulfview north of Adams Mark, Mandalay south of Acacia and the business district on Sand Key. B. Library Donor Naming Recognition. The following guidelines govern donor recognition with regard to naming buildings, areas, rooms, collections, furnishings and equipment: 1. Library building names will have geographical or functional names only and will not be subject to availability for donor recognition. Clearwater Main Library and North Greenwood Branch meet the policy guidelines, but John Doe Main Library does not. 2. Naming of library internal functional areas, rooms, and major collections is the prerogative of the City Council. 3. Collections of materials, equipment or furnishings, which are accepted as gifts by the Library Director, and/or funded by individuals, corporations or foundations, may be recognized by a discrete engraved plaque mounted on or near the gift as appropriate, with the name of the donor displayed. For example "the John Doe collection of Illuminated Manuscripts" or "Computer Equipment for Research Provided and Maintained by the John Doe Corporation. " 4. All signs and plaques printed with names of donors will be of similar appearance and will be consistent with the architectural design and interior decoration of the building. 24 Draft for 10-06-2005 review II. J 4 City Council _.,.....~~..~da C~.yer. M~.!!!~,r!.[ld u m @. Tracking Number: 1,637 Actual Date: 10/06/2005 Subject / Recommendation: Appoint Vice-Mayor Jonson to serve on the 1906 Committee with the term ending September 1, 2006. Summary: The membership of the School Transportation Safety Committee formed the basis for the "1906" Committee", which developed the existing public schools interlocal agreement that was adopted by local governments and the School Board in Pinelias County. Originating: Official Rec and Legislative Svc Section Consent Agenda Category: Other Number of Hard Copies attached: 0 Public Hearing: No Financial Information: Type: Other Review Approval Cvndie Goudeau 10-04-2005 09:42:59 .. o -. .. Purchasing Memorandum ~u~- \ Page 1 of 1 \\. \S City Commission Item Id: 1594 . [10-06-2005 !~fi!il.'1 I Preferred Date. 'mm_~m'm _ Actual Date:1Q:Q.~:?QQ? Requesting Department: 1~.~~~YY~~t~!c;~~I~~rvic~~, User Department: l~o~id_'yy~~t~/c;~~~~L~~rvi?~~m'." Submitted: IQ~:~1:?Q_Q? I~~l}__n I ,',',',',ww.j Agenda ID: '" '_n,~ ,~" ~J. .. ...., m m . .......~ . ..11 General Information Description: Angelo I s Aggregate Materials - Award a contract for the disposal of construction materials and demolition debris during the contract period October 7, 2005 through November 30, 2006, at a cost not to exceed $850,000. Commen~: Renewal of contract for an additional year at the established rate of $31/ton. Piggyback of City of Largo contract. Appropriations Quantity: b,.,' Type: Ifi!ygf~~r.9Q~i<:l. .......................... .......... ................. .........., Bid Number or Code Exceptiont~~~:,?:,?~~(1)(<:l.l:gity()f~c:lrgQ.Bi~Lm. ''"'''''''''''''''0,.,,$ Vendor Name, City, State: Angelo'S Aggregate Materials, d.b.a. Angelo'S Recycled Material, Largo, Florida Appropriation Code(s) IQ4?~:Q?Q~?:?~~?QQ-53~,:Qg~ Amount 1~~?Q!QQg:Q!L, I Appropriation Comments 1f\J()n~... . I L I I..", . I, ._,~~" L, , ""''''''''''''''''~~.,,''''~ L I.. . ,~,... L Purchasing Memorandum P,ge 1 of 1 City Commission Item Id: 1628 Preferred Date: 11g=9~.:::.~005. Actual Date: 11.Q:Q~~QQ~ Requesting Department: t~()li9 \f\I~~/(3en~r~l~ervices User Department: 1~~~li~~~r~i~~~ \ \ '\'(0 Submitted: IQ~:J~2:?Qg~n. J Agenda 10: l~!!~~ 18 '''''''~ ~~- ;)#@;' ! ,__...il General Information Description: Ringhaver Equipment Co. - Three (3) Caterpiller Model 938G wheeled construction payloaders for $518,922. Commen~: In-kind replacements for G382, G383 and G1955 for Public Works. Lease purchase financing. piggyback GSA Contract # GS-30F-1025D. Appropriations Quantity: I~ '. Type: IPllrp~Ci~~n '" ..n. Bid Number or Code ExceptionJ~~<::!:..?:~~~(1)(<:Jl:Q~~g91l!rCi<::tIfQ~:~Q~:~.Q?~[)~. ~ ~ ~,~_i Vendor Name, City, State: Ringhaver Equipment Co., Riverview, Florida Appropriation Code(s) IQ~!.~:~~?~~:~2~ 1 OQ:~1~:QO~ Amount I~~ 18!.~??:QQ I I L Appropriation Comments I L L Iproject<::9<:J~ 1[)~l:>t~~~i,<::,~,:",prillpipCiI :,O~~~:Q~~~~:~Z 1~gQ:~~?:QQQ:QQQQ" Illlt~r~~t: :Q~2~:Q~~1?:~!?~QQ:~1~:QQQ:QQQQ .. [~-\ ~"'4Infater Q~ City Council Aa~,nda c~~~,!!,=Me,~.!!.!:,!.~d u m ,~~"'_"..~~,_ \~, \ Tracking Number: 1,601 Actual Date: 10/06/2005 Subject / Recommendation: Adopt Resolution 05-41, which endorses the application for Project 082605 and commits the City of Clearwater to refund 10% of the eligible tax refund upon certification by Enterprise Florida. Summary: The Florida Legislature created Florida Statute, Section 288.106 to encourage the growth of Florida's high-wage, value-added employment. This program is commonly known as the Qualified Target Industry (QTI) Tax Refund Program. This law authorizes Enterprise Florida to accept, review and approve applications for tax refunds to qualified target industry businesses. Pursuant to Florida Statute Section 288.075 and 288.1066, the applicant for Project 082605 requests to remain anonymous. The tax refund is paid to the applicant each state fiscal year (July 1- June 30) for five (5) years. The applicant will receive a refund for each new job created. The total award will be equal to $3,000 times the number of new jobs created, plus an additional $1,000 per job if the average annual wages exceeds the area's average by 150%. If the average annual wages exceeds the area's average by 200%, an additional $2,000 is awarded. If the company is located in a brownfields area, an additional $2,500 is awarded, plus $3,000 for an Enterprise Zone, if applicable. Project 082605 wishes to relocate its operations from out of state to create 20 new jobs over the next two years, and the applicant qualifies for the $8,500 per employee refund per job level. The total award to the company is $170,000 in refunds over a 5-year period. 80% of this award is covered by the state and 10% from the City of Clearwater and 10% from Pinellas County Under the full scenario, the city's commitment for the $170,000 maximum award will be $2,125 (2007) year 1, $4,250 (2008) year 2, $4,250 (2009) year 3, $4,250 (2010) year 4 and $2,125 (2011) year 5 for a total of $17,000. The total amount of funding has been appropriated in Economic Development budget account number 181-99846. Originating: Economic Development and Housing Section Other items on City Manager Reports Category: Code Amendments, Ordinances and Resolutions Number of Hard Copies attached: 1 Public Hearing: No Financial Information: Review Approval Geraldine Camoos 09-07-2005 17:21 :06 Tina Wilson 09-22-2005 13:50:01 Bill Horne 09-25-2005 07:53:34 City Council Agenda Cov~rMel!!~,~~ndum _~,.,' ~ ~ Geraldine CamDOS 09-07-2005 17:21:52 Cvndie Goudeau 09-26-2005 11: 15:07 Pam Akin 09-08-2005 09:55:06 Rod Irwin 09-23-2005 08:39:51 RESOLUTION NO. 05-41 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, FINDING THAT PROJECT 082605 BE APPROVED AS A QUALIFIED APPLICANT PURSUANT TO SECTION 288.106, FLORIDA STATUTES; AND IDENTIFYING SOURCES OF CITY OF CLEARWATER FINANCIAL SUPPORT OF PROJECT 082605 AND EQUAL PINELLAS COUNTY SUPPORT AS LOCAL PARTICIPATION IN THE QUALIFIED TARGET INDUSTRY TAX REFUND PROGRAM FOR FISCAL YEARS 2007-08, 2008-09,2009-2010,2010-11, and 2011-12; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida has enacted Chapter 94-136, Laws of Florida, creating Section 288.106, Florida Statutes, to encourage the growth of Florida's high-wage, value-added employment; and WHEREAS, Section 288.106, Florida Statutes, authorizes the Florida Department of Commerce to accept, review and approve applications for tax refunds to qualified target industry businesses; and WHEREAS, Section 288.106, Florida Statutes, requires 20% local financial participation as tax refunds become due; and WHEREAS, PROJECT 082605 wishes to relocate to Clearwater and create twenty (20) new fulltime jobs over the next two years, qualifying as high-value-added jobs; and WHEREAS, PROJECT 082605 will be located in the City of Clearwater and will provide high-value-added employment to citizens of the City of Clearwater; and WHEREAS, the City of Clearwater finds that providing tax refunds and other tax incentives to PROJECT 082605 is vital to the public purpose of employing City of Clearwater citizens and ensuring the City's economic vitality; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City of Clearwater hereby recommends PROJECT 082605 be approved as a Qualified Target Industry Business pursuant to Section 288.106, Florida Statutes. This recommendation is based upon the creation of the specified jobs and is contingent upon the City's review of PROJECT 082605 final application to be a Qualified Target Industry Business and confirmation of the information therein. Section 2. The necessary commitment of local financial support for the Qualified Target Industry Business for the Qualified Target Industry Tax Refund Program Resolution No. 05-41 has been identified in the amount of $34,000, consisting of 50% of the local contribution coming from Pinellas County and 50% coming from the City of Clearwater subject to annual appropriations, which will be paid to the Florida Economic Development Trust Fund as tax refunds become due with the stipulation that these funds are intended to represent the local financial support required by Section 288.106, Florida Statutes and are conditional upon the applicant meeting all statutory requirements of the program. Nothing herein will prevent other jurisdictions or the private sector from increasing their contributions. However, in no event will the total contribution of the City of Clearwater for PROJECT 082605 exceed $17,000. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2005. Frank Hibbard, Mayor Approved as to form: Attest: Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk Resolution No. 05-41 ps- \ City Council ~.."".","_~,~.a ,COV~!J~~.~..!l1Q.ran~u m \~.C1-- ~~ u'~ Tracking Number: 1,606 Actual Date: 10/06/2005 Subject / Recommendation: Adopt Resolution 05-30 and approve the State of Florida Department of Transportation contract renewal for sweeping State roadways as outlined in the Maintenance Agreement, State Job No. 41695417201N/A and that the appropriate officials be authorized to execute same. Summary: The maintenance agreement between the Florida Department of Transportation and the City of Clearwater approved by Council on September 2, 2004, will expire on December 6, 2005. The contract has an annual renewal option for the continued sweeping of 13.456 miles of various state roadways in 26 cycles. The City of Clearwater Legal Staff has coordinated the scope of services with the FDOT representative. Renewal is subject to the same terms and conditions of the original agreement. FDOT Standard Agency Format requires conformance with the Manual of Uniform Traffic Control Devices (MUTCD). The Public Services Department has the necessary equipment to conform to the MUTCD, i.e.... a shadow truck with an attenuator and arrow board. FDOT compensation for services, currently estimated at $15,568.59 annually, is based on miles of sweeping completed at $44.50 per mile. Operating costs to provide these services are approximately $37.00 per mile. Copies of the agreement are available for review in the Official Records and Legislative Services office. Oriqinating: Public Services Section Other items on City Manager Reports Category: Agreements/Contracts - with cost Public Hearing: No Financial Information: ~ Other Review Approval Garv Johnson 09-09-2005 11 :45:56 Cvndie Goudeau 09-23-2005 15:43:58 Tina Wilson 09-13-2005 14:52: 18 Garrv Brumback 09-21-2005 10:21:56 ~"",- ..". ,wier Q~ City Council Ag~nda C~)fer Memorf!,!!d~!!!_@=@" Bryan Ruff 09-14-2005 09: 10:04 Bill Horne 09-23-2005 12:54: 12 RESOLUTION NO. 05-30 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING THE EXECUTION OF A CONTRACT RENEWAL OF THE MAINTENANCE AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, TO PROVIDE FOR ROADWAY SWEEPING WITHIN THE DEPARTMENT'S RIGHT-OF- WAY IN THE CITY OF CLEARWATER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (FDOT) has agreed to retain the City of Clearwater to perform roadway sweeping within the Department's right-of-way in the City of Clearwater under the Maintenance Agreement, State Job No. 41695417201 N/A, 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 Renewal of the Maintenance Agreement between City of Clearwater and the State of Florida Department of Transportation, State Job No. 41695417201N/A to retain the City of Clearwater to provide roadway sweeping within the Department's right-of-way in the City of Clearwater, and authorizes Clearwater City Manager, William B. Horne II, to sign said Maintenance Agreement on behalf of the City of Clearwater. 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: Bryan D. Ruff Assistant City Attorney Cynthia E. Goudeau City Clerk Resolution No. 05-30 Ke.: P"S-- \ STATE OF FLORIDA DEPARTMENT OFTRANSPORTATION CONTRACT RENEWAL 375-020-23 CQ\/TRACTS .6DMN1STRATl()-.J OGC-12/04 Contract No,: ANO-07-R1 Financial Project No(s).: 41695417201N/A WPI No(s).: County (ies): Pinellas Renewal: (1st, 2nd, etc.) 1st This Agreement made and entered into this _ day of _' _ , by and between the State of (This date to be entered by DOT only,) Florida Department of Transportation, hereinafter called "Department", and City of Clearwater of Pinellas hereinafter called "Contractor". WITNESSTH: WHEREAS, the Department and the Contractor heretofore on 9/29/04 entered into an Agreement whereby the Department retained the Contractor to perform Mechanical SweepinQ on primary State roads in Pinellas County ; and WHEREAS, said Agreement has a renewal option, which provides for a renewal if mutually agreed to by both parties and subject to the same terms and conditions of the original Agreement; NOW, THEREFORE, this Agreement witnesseth that for and in consideration of the mutual benefits to flow each to the other, the parties agree to a renewal of said original Agreement dated 9/29/2004 for a period beginning the 7th day of December ,2005 _ and ending the 6th day of December ,2006 at a cost of $ 15.563.59 ,specified herein. All terms and conditions of said original Agreement shall remain in force and effect for this renewal. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day, month, and year set forth above. Citv of Clearwater (SEAL) Name of Contractor STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (SEAL) BY: District Secretary or Designee (Signature) Authorized Signature Title: Title: Legal: Name of Surety Date By:" Fiscal: Florida Licensed Insurance Agent or Attorney-In-Fact (Signature) - Date Approval as to Availability of Funds Countersigned: - Florida Licensed Insurance Agent Date -------------- (SEAL) 'V"K - ~ ~~ u~.<,<~ City Council Ag~,nda Cf?ve_~ Me,,~,~.,!:!!,!I_~ u m \~<~ Tracking Number: 1,611 Actual Date: 10/06/2005 Subject / Recommendation: Approve Co-sponsorship Agreement and waiver of requested City fees and service charges for FY 2006/07 between the City and World Triathlon Corporation to conduct the inaugural Ford Ironman 70.3 World Championships in Clearwater, Florida for an estimated gross cost of $84,195 for the purposes of departmental budget submittals and authorize the appropriate officials to execute same. (Consent) Summary: World Triathlon Corporation, better known as Ironman, has a desire to partner with the City of Clearwater to bring the World Championships for Ford Ironman 70.3 to Clearwater, Florida for the next five years. World Triathlon Corporation created and conducts triathlons around the world with the most famous being the Ironman competition held once a year in Kona, Hawaii. However, they have a desire to expand the concept of triathlons to create a championship mini-triathlon consisting of a 1.2 mile swim, 56 mile bike ride and a 13.1 mile run. There will be qualifying meets all around the world with the inaugural championship to be held in Clearwater on November 11, 2006 and on the second Saturday in November of each year thereafter. The agreement is for five years. Ironman will conduct the world championship 70.3 triathlon; provide a five-day event; bring in 1,800 participants, media and VIPs requiring multiple overnight stays; one hour of national TV show and live global web streaming broadcast and rights to use the Ironman 70.3 World Championship logo in all marketing materials. The City will provide equipment and services to Ironman to conduct the event including items such as traffic operations staff, police officers for event, dumpsters, trash cans, removal of litter, swim course set up, lifeguards and water safety personnel, event security, parks and recreation event staff, medical coordination, EMS coverage and SunStar transport units, etc. Costs of the in-kind services of $84,195 will be budgeted in the individual department operating budgets for FY 2006/07. In each subsequent year, this item will be brought forward with other co-sponsored events following Council policy. A copy of the Co-Sponsorship Agreement is available in the Official Records and Legislative Services Department for review. Originating: Parks and Recreation Section Consent Agenda Category: Agreements/Contracts - with cost Number of Hard Copies attached: 0 Public Hearing: No ~,- '..', at<>fte, r u~ City Council M,,,.,,,,,~g,,!!=~da ~,!?_ver M,~,!!!,!?,,~,~,~d u ~ _M'm"'_~_"'"'''' Financial Information: ~ Operating Expenditure Bid Required? No Bid Exceptions: Sole Source In Current Year Budget? No Budget Adjustment: No Current Year Cost: $0.00 Annual Operating Cost: $0.00 For Fiscal Year: 10/01/2006 to 09/30/2007 Total Cost: $84,195.00 Not to Exceed: $84,195.00 Appropriation Code(s) Amount $84,195.00 Comments various operating department codes Review Approval Kevin Dunbar Laura Lipowski 09-22-2005 11:43:49 09-26-2005 11:13:10 09-22-2005 15:47:38 09-23-2005 12:58:20 09-22-2005 17:17:14 09-25-2005 07:57:30 Cvndie Goudeau Tina Wilson Garrv Brumback Bill Horne 'Rf.', Id.3 SPONSORSHIP AGREEMENT This Sponsorship Agreement ("Agreement") made between WORLD TRIATHLON CORPORATION, a Florida, USA corporation, whose principal business address is 43309 U.S. Highway 19 North, Tarpon Springs, Florida 34689, (hereafter referred to as "WTC"), and THE CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida, having its principal business address at 112 S. Osceola Avenue, Clearwater, Florida 33756 (hereafter referred to as "CLEARWATER"). WIT N E SSE T H: WHEREAS, WTC is engaged in the business of production, management, operation and marketing of athletic competitions; and WHEREAS, WTC conducts and promotes the IRONMAN TRIATHLON WORLD CHAMPIONSHIP and the IRONMAN WORLD CHAMPIONSHIP 70.3 (hereinafter referred to as "CHAMPIONSHIPS"); WHEREAS, WTC owns and possesses technical expertise and expenence through its operation of triathlon events and the CHAMPIONSHIPS; and WHEREAS, WTC owns various service marks and trademarks for "IRONMAN", "IRONMAN TRIATHLON", "70.3" and "M-dot" with IRONMAN TRIATHLON events becoming synonymous with high quality triathlon competition; and Page 1 of 11 WTC Initials: CLEARWATER Initials: WHEREAS, WTC owns and controls the exclusive right to use of the names, symbols, emblems, designs and logos of the CHAMPIONSHIPS and has the right to grant licenses and rights therefore; WHEREAS, both parties wish to enter into a Sponsorship Agreement for WTC's IRONMAN WORLD CHAMPIONSHIP 70.3 to be held in Clearwater, Florida; and WHEREBY WTC wishes to grant and CLEARWATER wishes to obtain permission to use WTC's service marks and trademarks for IRONMAN WORLD CHAMPIONSHIP 70.3 in its sponsorship capacity for the event; NOW, THEREFORE, in consideration of the promises and mutual covenants set forth herein, the parties agree as follows: 1. Definitions (a) "70.3 IRONMAN DISTANCE" shall mean a triathlon race involving a 1.2 mile swim, 56 mile bicycle and a 13.1 mile run. (b) The term "MARKS" shall mean the following trademarks or service MARKS owned by WTC: "IRONMAN", "70.3". (c) The term "RACE" shall refer to the IRONMAN WORLD CHAMPIONSHIP 70.3 (a 70.3 IRONMAN DISTANCE event) to be conducted annually by WTC and officially named the IRONMAN WORLD CHAMPIONSHIP 70.3. 2. Licenses (a) WTC hereby grants to CLEARWATER sponsorship rights, as are detailed herein, and CLEARWATER shall have the obligation in each year of the TERM, to sponsor one RACE annually using the MARKS in advertising, marketing and/or promotional materials for the term granted and under the conditions specified hereafter. Any use of the MARKS shall be in conjunction with the Trademark Page 2 of 11 WTC Initials: CLEAR WATER Initials: Standards and Usage Guidelines for the 70.3 Series, attached hereto as Exhibit "A ", unless expressly approved in writing by WTC. The official name of the RACE shall be the IRONMAN WORLD CHAMPIONSHIP 70.3. (b) This license and right shall be specific to CLEARWATER and may not be transferred or assigned to any other person or entity. All rights to the MARKS and CLEARWATER'S use thereof will inure to the benefit ofWTC. (c) CLEARWATER may only use the MARK "IRONMAN WORLD CHAMPIONSHIP 70.3" in connection with advertising, marketing and/or promotional materials relating to the RACE during the term of this Agreement, as follows: 1. CLEARWATER may not utilize the MARKS on any products, merchandise or other items other than 2( c) above, unless approved by WTC, which may be granted or denied at WTC's sole and absolute discretion, within the term of this Agreement. 11. CLEARWATER may not authorize, license or otherwise permit any third party to manufacture, sell, affix, or use any of the MARKS on any product, merchandise or race souvenirs during the term of this Agreement. 3. Territory and Name Deshwation (a) The territory of this license is the City of Clearwater in the State of Florida. (b) CLEAR WATER shall acknowledge in writing on its advertising, marketing and/or promotional materials the existence of this License Agreement by use of the language: "IRONMAN WORLD CHAMPIONSHIP 70.3" is licensed by the World Triathlon Corporation and the IRONMAN and 70.3 trademarks are used with permission of the World Triathlon Corporation. " Page 3 of 11 WTC Initials: CLEARWATER Initials: 4. Undertakines of CLEARWATER CLEARWATER shall comply with providing the following, at no expense to WTC, in its performance under this agreement: (a) Traffic operations staff (b) Dumpsters, trash cans and waste management staff ( c) Lifeguards and water safety personnel (d) Swim course set-up (including boats, buoys, sinkers) (e) Traffic control officers (for event course and events) (f) Medical coordination, EMS coverage and SunStar transport units (g) Parks and recreation staff (including electricians, maintenance, custodial, van drivers, events operator, events staff and volunteer coordinator) (h) Trucks, mules, golf carts and barricades (i) Event security CD Complimentary parking at Sand Key Park for seven (7) days (k) Public communications and marketing assistance (1) TV production facility (trucks) (m) On-site Internet and phone lines 5. Undertakines bv WTC WTC shall comply with providing the following in its performance under this agreement: (a) Provide an IRONMAN WORLD CHAMPIONSHIP 70.3 triathlon event executed by world championship standards. (b) Provide a five (5) day event that includes an expo area known as the "Ironman Village" (where sponsors, licensees and vendors exhibit their goods/services), athlete check-in, VIP hospitality, practice swims, press conferences and banquets. Page 4 of 11 WTC Initials: CLEAR WATER Initials: (c) Provide an influx of 1500+ participants, media and VIP's requiring a multi-night stay over in Clearwater. (d) Provide a one (1) hour national TV show, date(s) and time(s) to be announced, and live global streaming broadcast of the RACE. (e) Provide CLEARWATER recognition with a major sponsor benefits package to include: expo booth space, event signage at the expo and other locations at the competition areas, VIP access passes, and one (1) full-page ad in the spring edition of "Road to Clearwater" publication (CLEARWATER to provide camera-ready copy for same). (f) CLEARWATER shall be permitted to sell up to three (3) non-compete, WTC pre-approved, sponsorships into the event with sponsor benefits to include sponsor logos in WTC pre-approved advertising, expo booth space and signage at the expo and event site. (g) Provide media support in the nature of an extensive local, national and international media plan, as will be jointly created by the parties, including sports media, travel media and human interest stories. (h) Provide assistance, at CLEARWATER's request, wherever feasible in the promotion and publicity of the RACE. (i) Make available upon reasonable notice, WTC personnel to participate in designated promotional programs. 6. Term of Ae:reement (a) The term of this Agreement shall be effective for a period of a One (1) Year ("TERM") with four (4) automatic one-year renewals, unless sooner terminated by either party as provided for herein. The parties shall negotiate an option for additional TERM extensions within the first six (6) months of 2009. The RACE shall be held on the second Saturday in November of each year beginning in 2006 unless otherwise Page 5 of 11 WTC Initials: CLEARWATER Initials: agreed to by the parties or this Agreement is terminated. Specifically, these RACE dates shall be as follows: . November 11,2006 . November 10, 2007 . November 8, 2008 . November 14,2009 . November 13,2010 The Effective Date of this Agreement shall be as of the date of execution by the parties hereto and shall terminate on November 30, 2010, unless terminated earlier for cause. The terms and conditions herein shall be binding on the parties during the TERM or any extensions thereof. Any amendments to this Agreement agreed to between the parties must be modified by written amendment thereof and executed by both parties. 7. Indemnification (a) WTC will indemnify, defend and hold CLEARWATER and its officers, directors, and employees harmless from any and all claims, costs, liabilities, judgments, expenses or damages (including reasonable attorney's fees), arising out of any breach, or alleged breach, or any provision of this Agreement by WTC or any negligent and/or act of malfeasance by WTC or any of its employees, agents and/or invitees. (b) CLEARWATER agrees to be fully responsible for their own acts of negligence, or their respective agents' acts of negligence while acting within the scope of their authority, and agree to be liable for any damages resulting from said negligence to the extent permitted by Section 768.28 of the Florida Statutes. CLEARWATER shall indemnify, defend and hold WTC and its officers, directors and employees harmless to the extent set forth in the preceding sentence. However, nothing contained herein shall be construed as consent by CLEARWATER to be sued by third-parties in any manner Page 6 of 11 WTC Initials: CLEARWATER Initials: arising from this Agreement, or as a waiver of sovereign immunity as to any party (except as to WTC for any breach of this provision). 8. Additional Terms (a) WTC reserves the right and/or option to terminate this Agreement if the annual business deal between WTC and the St. Petersburg/Clearwater Area Convention & Visitors Bureau ("CVB") for $100,000.00 (USD) and 225 hotel room nights is not finalized or is not extended in any year during the TERM, in which case the parties hereto shall be released of any further obligations due and owing hereunder by the other party. (b) Parties will conduct a meeting following each RACE to "debrief' regarding the event, set forth the following year's plans and review a report of the RACE details and business goals, including but not limited to room rates, room nights, spectator numbers, etc. 9. Defaultffermination Should either party default under any terms of this Agreement, the non- defaulting party shall have the right to terminate this Agreement by providing ten (10) days written notice, as notice is provided herein. The Agreement shall terminate upon receipt of such notice without any further obligations due and owing hereunder by either party. 10. Force Maieure If due to Force Majeure, defined for purposes of this Agreement as including only natural disasters, war or other hostilities, or domestic or foreign governmental acts, which actually make the area unsuitable or otherwise makes it impossible to conduct the RACE, and therefore the RACE does not take place as contemplated hereunder, Clearwater shall be offered a right of first refusal to sponsor any date on which WTC reschedules the RACE. In such instance, all other terms and conditions of this Page 7 of 11 WTC Initials: CLEARWATER Initials: Agreement shall remam m full force and effect for the rescheduled RACE. If Clearwater cannot or chooses not to accommodate such rescheduling, and the RACE is rescheduled and occurs at a location outside the Clearwater City limits, payment shall be made by Clearwater to WTC representing an amount equivalent to the in-kind services which were to be performed by the City of Clearwater hereunder, so that WTC may secure similar necessary services at the relocation site to conduct the RACE. The payment shall be made only upon presentation of invoices or other documentation acceptable to the City of Clearwater in its sole discretion, for such services and only after the RACE has actually occurred in its entirety. Payment in accordance with the above shall be made as follows: (a) If the RACE is cancelled as a result of Force Majeure three (3) months or less prior to the scheduled event, CLEARWATER agrees to pay the entire $84,195.00 owing for the specific scheduled event year under this Agreement; (b) If the RACE is canceled as a result of Force Majeure six (6) months or less prior to the scheduled event, CLEARWATER agrees to pay fifty percent (50%) of the $84,195.00 owing for the specific scheduled event year under this Agreement; (c) If the event is cancelled more than 6 months before the scheduled event as a result of Force Majeure, there will be no payment owing by Clearwater to Ironman for that particular year of the Agreement. 11. Independent Contractor WTC and CLEAR WATER shall be and act as independent contractors, and under no circumstances shall this Agreement be construed as one of agency, partnership, joint venture or employment between WTC and CLEARWATER. Each party Page 8 of 11 WTC Initials: CLEARWATER Initials: acknowledges and agrees that it neither has nor will give the appearance or impression of having any legal authority to bind or commit the other party in any way. 12. Failure to Obiect The failure of either party to object to or to take affirmative action with respect to any conduct of the other party which is in violation of the terms hereof shall not be construed as a waiver thereof, nor of any future breach or subsequent wrongful conduct. 13. Notices All notices required or permitted hereunder shall be deemed duly given ten (10) days after mailing if sent by postal service or when actually received if sent in any other manner, addressed to the parties as follows: If to CLEARWATER: CITY OF CLEARWATER P.O. Box 4748 Clearwater, FL 33758-4748 Attention: Kevin Dunbar, Director, Parks and Recreation Department with a copy to: CITY OF CLEARWATER 112 S. Osceola Avenue P.O. Box 4748 Clearwater, FL 33758-4748 (or to such other person or address as Owner shall furnish to Licensee in writing) If to WTC: WORLD TRIATHLON CORPORATION 43309 U.S. Highway 19 North P.O. Box 1608 Tarpon Springs, FL 34688-1608 Page 9 of 11 WTC Initials: CLEAR WATER Initials: USA Attention: Ben Fertic, President (or to such other person or address as Owner shall furnish to Licensee in writing) 14. Entire A2reement This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes any and all prior negotiations, understandings or agreements in regard thereto. This Agreement will be deemed to have been executed and delivered in the State of Florida, and will be construed and interpreted according to the laws of that State and of the United States of America. This Agreement may be amended only by written instrument signed by the parties hereto. In any litigation arising out of or relating to this Agreement, the parties agree that venue shall be instituted and prosecuted in the jurisdiction of the State or Federal Court of Florida. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. This Agreement shall be rendered null and void if one of the parties hereto fails to execute the Agreement by signing this document as acceptance of the terms and conditions contained therein. CITY OF CLEARWATER WORLD TRIATHLON CORPORATION By: Print Name: Title: By: Ben Fertic Title: President Page 10 of 11 WTC Initials: CLEARWATER Initials: Date Executed: Date Executed: EXHIBIT "A" Trademark Guidelines Will Be Forthcoming and Inserted Here Page 11 of 11 WTC Initials: CLEARWATER Initials: ~e.. P~-:J ~'.\~.~ EXHIBIT "A" Trademark Standards and Usage Guidelines for the Ironman 70.3 Series Events As afSeptember 1,2005 Brand Logo Specifications The Ironman, M-dot and Ironman 70.3 Trademarks must be used consistently. Modifications, variations and incorrect use of the logos dilute the brand mark and create consumer confusion. You playa vital role in protecting the integrity of the Ironman brand marks. Please familiarize yourself with the guidelines and follow them diligently when using the marks in retail marketing, advertising, promotions and licensed products. All products, apparel and materials using the Ironman, M-dot and Ironman 70.3 logos must be approved prior to use. Usin2 the Trademarks on Ironman 70.3 Oualifvinf! Race Merchandise · All merchandise designs utilizing the Ironman, M-dot and Ironman 70.3 logos must be submitted by the Race Director to WTC for approval not less than 90 days prior to your event. · Provide an assortment of sample event merchandise bearing the Ironman, M-dot and Ironman 70.3 logos to WTC 45 days prior to your event. · Event race packets will be held until logo designs for merchandise are approved by WTC. · Any unapproved merchandise may not be sold at your event or on your web site. The sale of unapproved merchandise at your event may jeopardize your status as an lronman 70.3 qualifying event in future years. If you have any questions regarding the use of the Ironman stylized logos, please contact: Sally Gregory 727.942.4767 ext. 212 or sally@ironmanlive.com or Carolyn Richards 727.942.4767 ext. 215 or carolyn@ironmanlive.com Page 2 of7 The Ironman 70.3 Event Logo e IRa....@ 70.3™ Guidelines For Creatine Your Ironman 70.3 Event Loeo: · Utilize the core Ironman 70.3 logo (see graphic above) when creating your 70.3 event logo · WTC must approve all uses of your Ironman 70.3 Event logo prior to usage. · Upon confirmation by WTC, the TM trademark symbol is to be placed immediately adjacent to the right side of the logo. · Nothing can be embedded in, added to or superimposed on the 70.3 Event logo. · The 70.3 Event logo may be used in different colors. However, the M-dot and 70.3 must be the same color but cannot be in any color of blue. · Your 70.3 Event logo must incorporate the name of the event. Event location may appear to the right of 70.3 Event logo. Title sponsor, if applicable, and/or event name may appear above "IRON." · Your 70.3 Event logo may be used on printed race materials, web site, marketing materials and event merchandise. The event logo for Ironman 70.3 Baja is an example f an approved logo: MEXICO IRa. ~ J.l -= . ..-'" ..@ 'rM........TH..Otll Page 3 of7 The Ironman 70.3 Member Event Logo Guidelines For the Use of the Ironman 70.3 Member Event LOf!o: · WTC must approve all uses of the 70.3 Member Event logo prior to usage. · Nothing can be added to, embedded in or superimposed on the 70.3 Member Event logo. · The 70.3 Member Event logo must be used with the specified 70.3 brand color, which is PMS 186 Red and black. No color changes are permitted. · The 70.3 Member Event logo must be used on printed race materials, marketing materials and event web site. Page 40f7 The Ironman 70.3 Oval Logo Guidelines For the Use of the Ironman 70.3 Oval L02:o: · WTC must approve all uses of the 70.3 Oval logo prior to usage. · Nothing can be added to, embedded in or superimposed on the 70.3 Oval logo. · The 70.3 Oval logo colors are PMS 186 red and black. · The 70.3 Oval logo may be used in different color variations other than red, black and white. · The 70.3 Oval logo may be used on event merchandise. Page 5 of7 The M-Dot Logo @ Guidelines For the Use of the M-Dot Loe:o: · WTC must approve all uses of the M-dot trademark prior to usage. · The @ is to be placed immediately adjacent to the right side of the base oflogo. · The "dot" must always be centered above the "M" with a space between the dot and M. · The logo may be reduced or enlarged as needed. · Nothing may be added to, embedded in or superimposed on the M-dot logo. The M-dot logo must never be used in a color of blue. · The M-dot, when used within the lronrnan stylized logo, must be offset via color differentiation. It is advised that the logo be used with the specified M-dot brand color, whenever possible. However, the logo color can be changed to a solid using other colors, using good judgment and prior approval from WTC. The specified PMS color for the M-dot is 186 Red. Example: @ 70.3 Page 60f7 -, Ironman Logo Trademark Claim Notice Notice must be given to the consuming public that World Triathlon Corporation (WTC) claims ownership of the IRONMAN stylized logo, the M-Dot logo and the Ironman 70.3 logos. Therefore, the following legal notice must appear on all products, packaging or printed materials as appropriate. It should be no smaller than 6pt type. Ironman@ is a registered trademark of World Triathlon Corporation. M-dot@ is a registered trademark of World Triathlon Corporation. Ironman 70.3™ is a trademark of World Triathlon Corporation. 70.3™ is a trademark of World Triathlon Corporation. Upon confirmation by WTC, the @ is to be placed next to IRONMAN, M-Dot, Ironman 70.3 or 70.3 when using the IRONMAN trademark to signify that the mark is registered. In some instances, the ™ is to be used instead; therefore, prior confirmation by WTC is required. Standard Ironman Brand Colors Color serves as a strong identifier to the Ironman, M-dot and Ironman 70.3 trademarks. Proper usage will help protect our brand. The brand colors for Ironman and M-dot are: red and blue. The red is designated as PMS 186 Red for the M-dot and blue as PMS Reflex Blue for the remainder of the Ironman stylized logo. The brand colors for the Ironman 70.3 logos are PMS 186 Red and black. 4-Color Process Printine: In cases where the PMS 186 Red and PMS Reflex Blue cannot be used, a process has been agreed upon for standard printing. When printing in process colors (cyan, magenta, yellow and black), the best match to PMS is: Red = 0% Cyan, 91% Magenta, 76% Yellow, 6% Black Blue = 100% Cyan, 72% Magenta, 0% Yellow, 6% Black Page 70f7 1- City of Clearwater Costs- based on requests by Ironman (These are estimates as of 6/1/05 reflect the best guess costs for the event which will be held in Nov. 2006) Traffic Operations Staff $1,000.00 Solid Waste l Dumpsters $925.001 $1,500.00 Course- Set-up (Includes- Tug boat, buoys, sinkers) $500.00 Police I Officers (course & event)** $52,500.001 Medical Coordination, EMS Coverage, Inspector, Sunstar $11,000.00 Staff- Incl. Electricians, Maintenance & Custodial Workers, Van Drivers, Events Operator, Events Staff, Volunteer Coordinator Trucks, Mules, Golf Carts, Barricades Events Securit T-Shirt $3,500.00 $2,500,00 $3,500.00 Close 50% of Parkin lot- 7 Da s lost revenue Close 100% of Parking lot- 1 Day (lost revenue) $1,145,00 $325.00 $1,000.00 $4,000.00 , Telecom I Internet & Phone Lines on site $800.001 Other Items Reqested by Ironman 225 Com Marketin Fee 5000 S Ft Warehouse- 1 month rior Tents, Tables, Chairs for Banquet TBD $100,000.00 TBD $16,000.00 TBD TBD TBD Ex 0 Area Inside Ballroom Banquet Venue (Beach) Close 50% of Park- 7 Da s Close 100% of Park- 1 Day TBD TBD World Triathalon Corporation- Bid Spec Sheet 6) Equipment ~ @lJMarketing Fef.! $100,000 I Proposed 2006 Half-Ironman Triatha/on- Clearwater ~~', rd, 3 Goudeau, Cyndie From: Sent: To: Subject: Dunbar, Kevin E. Thursday, October 06, 2005 4:42 PM Goudeau, Cyndie Force Majeure - Iron Man Based upon the city council discussion at work session on Monday, we have had the opportunity to discuss the council concerns on this provision with the staff @ Iron Man and they have agreed to the following changes in the agreement: · The only purposes that the Force Majeure provision would go into effect on would be; natural disasters, war or other hostilities, or domestic or foreign government acts, which actually make the area unsuitable or other wise make it impossible to the conduct the RACE. · In the event the RAC could not be rescheduled and occurs outside the Clearwater city limits, payment shall be made to WTC representing an amount equivalent to the in-kind services which were to be performed by the city of Clearwater, so that WTC may secure similar necessary service at the relocation site to conduct the race. · The payment shall be made upon presentation of invoices or other documentation acceptable to the city of Clearwater in its sole discretion...only after the race has occurred. This has been incorporated into new language in the agreement. [KZ"1\ - \ ~.~ u~ City Council \d.Y A9~~!:!~a Cov~.~,.~.~.,~.~a nd u m '~,"..' .....~~~,....... ....,'............. "'''m.. ,....", ....._~. Tracking Number: 1,581 Actual Date: 10/06/2005 Subject / Recommendation: Accept a perpetual Sidewalk and Utility Easement containing 120 square feet, more or less, over and across a portion of Lot 1, Block B, BAYSIDE SUBDIVISION NO.5, conveyed by Center Family, LTD, a Florida limited partnership, in consideration of receipt of $1.00 and the benefits to be derived therefrom. (Consent) Summary: The design for the Beach Walk project has been completed. Beachwalk will include redesign and resurfacing of Coronado Drive and a portion of Hamden Drive. The subject sidewalk easement will widen the turn radius and facilitate improvements at the intersection of Bayway Boulevard and South Gulfview Boulevard, the southerly project limits. Improvements will include a 5-foot sidewalk and creation of a 90-degree intersection to replace the current merging traffic pattern. 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 08-29-2005 11 :00:33 Garrv Brumback 09-21-2005 10: 18:42 Laura Lioowski 09-16-2005 11:56:42 Bill Horne 09-23-2005 12:55:07 Cyndie Goudeau 09-23-2005 15:43:24 Id'Y Quillen, Michael From: Sent: To: Cc: Subject: Goudeau, Cyndie Tuesday, October 04,200512:31 PM Quillen, Michael Vaughan, Karen 10/03/2005 Work Session Follow up - Easement from Center Family, L TO Reminder - need to have a diagram re how this intersection will be made into a 90 degree one. 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Z f z ,l OU1 U1 I I II I.I~ I z ..,g e~ s~ ....tIJ f,l - > ..z,," .,!il2;. !<<=>"'''' l"<f;:j~ ei(lli!;::I. ~:<;" u~xrr. e"c ...- c o . r:~ u'" :> c. -.. \d.S City Council _",,~!lda CO~~.~",,~!m!9~'!!:!,~,,!~;t!!'_'m"M Tracking Number: 1,605 Actual Date: 10/06/2005 Subject / Recommendation: Approve the 2006 State Legislative Package. Summary: Each year, the City submits a list of legislative priorities for consideration by the state legislature during their annual 60-day session in Tallahassee. The City's legislative liaison works closely with City management staff, the City's lobbying team in Tallahassee, and state legislative delegates representing Clearwater districts, to draft a package that is beneficial to Clearwater, and to lobby that package at home and in Tallahassee. Preparation of the package involves determining areas of need, researching funding availability, identifying needed legislation, monitoring and evaluating current legislative issues and funding requests into the various bills before the legislature in their respective houses. The 2006 State Legislative Package includes such issues as: funding requests for the Emergency Operations Center, intersection improvements along Ft. Harrison, and the Clearwater East-West Trail; supporting legislation beneficial to municipalities and opposing those that reduce home rule powers or impose unfunded mandates. The City will also support the Florida League of Cities in pursuing its legislative priorities. Originating: Official Rec and Legislative Svc Section: Other items on City Manager Reports Cateaorv: Other Number of Hard Cooies attached: 1 Public Hearing: No Financial Information: ~ Other Review Approval Cvndie Goudeau 09-30-2005 12:28:03 Garrv Brumback 09-30-2005 10:41:53 Bill Horne 09-30-2005 11:21:59 2006 State Legislative Package Appropriations The City will seek funding through grants and other sources, to assist in implementing projects and providing services to meet the needs of our citizens and improve their quality of life. This will include projects such as: . Emergency Operations Center - $ 4.0 million o Construction of a new EOC as part of a public safety complex that will be connected to the County 911 System and serve as an operations and coordination center in a local or regional disaster. . Transportation Projects o Ft Harrison/Pinellas - $522,828, improve intersection to increase capacity and improve major evacuation route. o Ft Harrison/Jeffords - $1,045,656, improve intersection to increase capacity and improve major evacuation route. o Ft Harrison/Pierce - $1,045,656, improve intersection to increase capacity and improve major evacuation route. . Clearwater East-West Trail (Long Center to Coachman Ridge Park) - $200,000 o Grant support for FRDAP application o This segment of the Clearwater East-West Trail is part ofa comprehensive recreational trail that will connect Tampa Bay to Clearwater Beach. Proposed Legislation We request legislation be proposed that will: . Provide a seat for the municipality from which the largest percentage of tourist tax dollars are generated on the Tourist Development Council . Fund Brownfields Cleanup Programs . Allow Enterprise Zones to continue in areas that are designated Brownfields and meet the 20% poverty census tract. Issues to Support We will support legislation that is beneficial to Clearwater and other municipalities including: . Alternatives to public hearing advertisements other than newspapers . Maintaining current funding levels and resources for QTI/ and SHIP programs . Grant funding for geriatric and transportation programs and services . Preserving resources to assist local communities with business enterprises in distressed areas through the Florida Enterprise Zone Act . Maintaining or increasing funding levels for FRDAP and the Land and Water Conservation Fund . Expanding exemptions to public records law for claim files . Remove the ability for PIP insurers to subrogate against worker's compensation . Full funding of the Florida State and Local Housing Trust Funds under the Sadowski Act . Return a portion ofDUI fines to municipalities Issues to Oppose We will oppose legislation that is detrimental to Clearwater and other municipalities including: . Unfunded Mandates . Increased regulation of, or restriction on, municipal operations . Special benefits for a certain category of employees (i.e., workers compensation expansion for police and fire) . Destabilizing of Tampa Bay Water · Erosion of Community Redevelopment Agency authority In addition, the City of Clearwater will support the Florida League of Cities in pursuing its legislative priorities. ~h! u~ City Council _~"""<"A~~,!:!.!!~__CO!~"~~"'R~~"!!:!,~.!!,!:!,~~I!L-"",,,~_,_,_''''_,~~ IJ.b Tracking Number: 1,662 Actual Date: 10/06/2005 Subject / Recommendation: Appoint one member to the Municipal Code Enforcement Board with the term expiring on October 31, 2008. Summary: BOARD: Municipal Code Enforcement Board TERM: 3 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: Whenever possible, this Board shall include an architect, engineer, businessperson, general contractor, sub-contractor & a realtor MEMBERS: 7 CHAIRPERSON: Sheila Cole MEETING DATES: 4th Wed., 3 p.m. Nov. and Dec. - TBA APPOINTMENTS NEEDED: 1 DATE APPOINTMENT MADE: 10/06/2005 THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. 1. Sheila Cole - 252 Dolphin Pt., 33767 - Original Appointment 6/18/1998 Interest in Reappointment: No (Ending her 2nd terms) THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. Richard Adelson - 2670 Red Oak Court, 33761 - Architect/BS Arch. Eng. 2. David W. Campbell - 2310 MinneolaRd., 33764 - Retired Computer Systems Analyst 3. Ronald V. Daniels - 30 Turner Street, Suite 802, 33756 - Real Estate Acq u isition/Devel opment 4. Paul Ellis - 19029 US Highway 19 N., 9-702, 33764 - BFA Major/Interior Design Space Planning 5. William J. McCann - 1563 Turner St., 33756 - Professional Engineer 6. Louise C. Riley - 1620 Drew St., 33755 - Retired (Semi) Estate Planner Zip codes of current members: 1 at 33755 1 at 33761 2 at 33764 3 at 33767 ~.~ u~ AlIenda Cover Memorandum _,"",_i2,,, ,~,~, ' '" ,'~''''''mmm''mm=_'_, City Council Originating: Official Rec and Legislative Svc Section Other items on City Manager Reports Category: Other Number of Hard Copies attached: 0 Public Hearing: No Financial Information: Type: Other Review Approval Cvndie Goudeau 10-06-2005 10:50:29 CITY OF CLEARWATER Application for Advisory Boards (must be Clearwater residen.) RECEIVED SEP 2 7 1996 CITY CLERK DEPT. Name David W. Camobell Home Address: Office Address: 2310 Minneola Road Clearwater. Florida ZIP: 34624 ZIP: Telephone 725-1276 Telephone How Long a resident of the City of Clearwater? since 1990 Occupation Employer Field of Education: Other Work Experience: Comouter Science If retired, fonner occupation computer svstems analyst Community Activities: homeowners association. Coalition of Clearwater Homeowners Assoc- iations Other Interests: .. I Board Service (curreRt and past) Board Preference: CERTAF. CVIEW Advisory Task Force MCEB Additional Comments: s~ned:~_ Date: Seotember 27 1996 Please see attached list for Boards that require Financial Disclosure. PLEASE RETURN THIS FORM TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 34618 g.\'7.,'1 v~vlh'~J cc~Y\v-<.d \ V\;~ ~S+ ~,d4. 00 { I I ( ( I q . 1&- 0 \ .L/UC~d) \ ( II I , I ' I Y ,- (),,). ( Jt~ ( 1:'6') II , ( I , BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? Review the cases brought before the board and determine whether they are in violation of the city's Code of Ordinances and/or Community Development Code. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? I have watched virtually all of the monthly MCEB meetings for the past several years. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? I have been VAry active with Clearwater government activities for OVAr tAn years including very close coordination with the Community Response Team in their establishment and exercise of policies and procedures for code enforcement. I served as a member of the Code Enforcement Review Task Force (CERTaF), a Commission appointed body, to refine the City's Code of Ordinances. CERTaF was responsible for establIShing what IS known today as the Communtty Response ream (CR r). On numerous occasions I have participated with staff on creation or changing of city codes. 4. Why do you want to serve on this Board? I believe that I can serve the City of ClealWater well as a member of this board because of my knowledge and understanding of the Community Develooment Code and Code of Ordinances. I have an understandina of the purpose of the Board and believe I can contribute significantly to its function. Name: David W. Campbell Board Name: MCEB Name: Ronald V Daniels Home Address: 30 Turner Street. Suite 802 Clearwater. FI 33756 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOA~EIVED (must be Clearwater resident) OCT' 2 7 200+ OFFICIAL RECO"D Office and Mailing Ad~fj;ATiVE SRV~SS :~~ 611 S Ft Harrison Ave Suite 230 Clearwater, FI 33756 Telephone: 727-515-8597 Telephone: 727 -446-0881 How long a resident of Clearwater? 30 years Occupation:Real Estate Acquisition/Development Field of Education: ManaQement and Business Licensed Real Estate Broker - active Licensed Mortgage Broker - inactive Licensed Contractor -inactive Employer; Independent Real Estate Consultant Other Work Experience: 25 years experience in Land Development Residential and Telecom Construction Real Estate Acquisition,and Mortgage lending If retired, former occupation: Community Activities: Other Interests: Hiking, Biking, Boating, and Travel Board Service (current and past): Board Preference: None Municipal Code Enforcement Board Additional Comments: Interested in giving back to my community my expertise in Construction and Real Estate to assist vou on the Code Enforcement Board Signed: Date: 10-27-04 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislatiye Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? The board attends code violation hearings, and listens to the code violators plead their cases, and once all the facts are presented the board makes a determination on specific actions to be enacted on behalf of the City of Clearwater. ' 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? Yes on numerous occasions I have made presentations before regional, and local planning departments,zoning boards,city councils, school boards, state, and federal regulatory agencies throughout the USA 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? I have been involved in Real Estate Development, Residential, Commercial and Telecom Construction for 25 years. 4. Why do you want to serve on this Board? I feel it my civic duty to offer my expertise to assist the city of Clearwater on this very important board,.my goal is to help our city maintain a balanced growth management plan for our community. Name:_Ronald V Daniels Board Name:City of Clearwater Municipal Code Enforcement Board FEB 21 20U3 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) " !", ' , ;':') Name:. -4 U L EL-L\ ,-, ,) Home Address: F10;2.9 DS fiG,! /9 IV 9 - 7CFL. (~tEA~k/;lrEIZ FL Zip 33 '7tJ:,Lj. Telephone: 7 L'7 ~::; .) L: '-f 5 f5 .; How long a resident of Clearwater? ,3' 't' R.~ Occupation: Field of Education: nlq ,)6 (t Office Address: Zip Telephone: 2 fYl O.S' , -12F A D&:s lG-tJ <; p (,. c.. E- i I\.j Ilv'fERltJP" PLAIVAJiN6- Employer: Other Work Experience: C I. E$r6-rJ F t) R. /lA-FE:> * /!!}I'/l/ivd7/Jtir"vc- 5EI<V{ '>E~' If retired, former occupation: :7/ '7cK,tJ!-?' j)G.5i6-N _tJUiOlRUli'C5R.. /=0R-,1) A {- E \" .~ Community Activities: Dj;;S(GfJ ~ .1.1 (1A.. \ Tt\::"~ t S E,f} U.JA-LL- Co itVV1 / IT E6 " c: ~E-r\ ~ T clU - 1./ - A R- ) r el9/' D6fVloC I) T I p~&~tl\.J:Jur 'Two \fEA()..<; A("r'C Aft Cbw/.~)(' /'/J..4JJYlrr::>>i? Other Intel'ests: . .;::>~ ,__f1VV\4""r \,)C" Board Service (current and past): - Board Preference: t //{ c E/V F(.1PC!i"lJ:/!F.{/r g[:'H,C D bt:AUIIF(e/17ICiA! C~J'V\ V1/{ '1 ITer: Additional Comments: A4F Er 0::. AR/?'f f 1111 t:t';fop~ .,"'"7 # <7// Signed: (,/ 'L"Y.~ /,::".c>C;.c.., . ~/~PdJP;:/3' c=r C/1.4 ,{/G/;-' ...J' E"e ,-,"/c?6"' Date: [) / e;if l' ')-- See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? . ,"/ r././'I P:/ I /' f'~ Irel I~ DO: Ub~ ,// ~"... / /.; (e' VJ fp ~ , I ' ;,'J-C" ou,'/d/'i11 ~7t7y-,;n J .,.,./(:,., and J?J/vt! J 4J y,f) h If': hA r ... l'i/} fol't:t:') /' /' 1-0/ Co t/t"J . I~ L I vi II ' , ~ d" . J.-:'nIf/ttJ ~ ,1I00s bt:ovf;Jq oVt'f?:l1/ f.../7 tlt'I/~/~rp.1I~n7' u>>~1 t'>~it'p"/#C'...r r'''1erf-/;t (;- r /' c:../ p"h"./ 'C"C T.> ~ / 2. Havecyou ever observed a board meeting either in person or on C-View, the City's TV station? R ,. ,QR/> net<. rS /2..I..-.t;l JoT ...1 f ,f?J' /"/ ("~_rd~.r C ~dt'~ jes. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? J ha've C.o/Do rltnl1'~tT /I Je;'I/6!d O'j/) &;"uhkYe~ T" 6t9",ds WI t/;.. 4. Why do you want to serve on this Board? J "(n~/"'I,{ j/ j1~ lit /' u.n lJ'/ i)tJ/e />n? e ~l~ f/:;t ;'I-'JU(O/ VEd t {.I'ile. ...Jt9-tn )! ~.f' / { 11r"~: )/}-f! -./ D be. ton j'C 11 ."-'- Co "n Ju u t/I I . li/ ~ wrlh Ik{ aleec /pt Name: ~/J'[,- Elt is: I Board Name: E 11/~rcc- /1;rc-'/o17 ,{fba.1t.-.{... ?- -B Cc.. v' f/ l~ c a 1...' t:>t>! {o rn 1;'1 / ~'* e 02/07/2005 09:52 7274413040 MCCANN ENGll'EER PAGE 03 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOA~~~EIVED (must be Clearwater resident) FEB 07 2005 Name: William J. McCann. P.E. Home Address: 1563 Turner Street Office Address: 1627 So. Mvrtle Avenue OJ:J:ICIAl. RCCeltos AN LEGISLATIVE SRVCS DEP~ ' Clearwater. FL ZiD 33756 Clearwater. FL Zip 33756 Telephone: 727-443-7660 Telephone: 727-643-7660 How long a resident of Clearwater? 12 Years - Since October 1993 Occupation: Professional En!:lineer Employer: McCann Enqineerin!:l Field of Education: Other Work Experience: B.E. in Civil Enaineerina City Planner. Structural Engineer. Masters in Citv & Recional Planning Civil EnQineer. Plans Examiner If retired, former occupation: Community Activities: Other i Interests: Board Service (current and past): Desio" Review Board Board Preference: Municipal Code Enforcement Board Community Development Board Additional Comments: Signed~~-- See attached list for boards that require financial disclosure at time of appointment Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748. Clearwater, FL 33758-4748. or drop off your application at City Hall. 2nd Floor. 112 S. Osceola Avenue. Date: ~/7/{)~ 02/07/2005 09:52 7274413040 MCCANN ENGII'EER PAGE 02 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? -rR Lk~()"~7 fle~/Ai~ ~AJ d))r/)eei,h1~7 t:)r FleEl . t:)CGI.J~A.rto~~'- l/~I!:A.Jse- 13t,1It..o/JJCI . I ' , , - :;?pAlW6. :5/~N'.$ A#l:J 12i!r"4,~O ./ (Jr,y (3POe:-f 2. Have you ever observed a board meeting either in person or on C~View, the City's TV station? y,;s 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Soard? J:!'JIII) ,fJ llt:!/FtJ;(I"17 ~P~SIDA/k<- G;.;ttIP~ i /jpL) W~~KgO As /J ?L"'J..I~ E;t4MIM et<.. f7,1f!- 5" Y~4.eS" . -::r /~pt.J TIft f2()ILPI,J~ ~Otr.s Apt) -r~e 3M/AJ,~ uotrs. "]:. VSe rll~ 7j P)l.-DJ Al tC C!-TJ D ~ e v 1!!12 y -:P A 'I 4. Why do you want to serve on this Board? :J W A,..J..,. )b 1)'0 :50 IYl E: FIJI<. rHG ~rry. ~ , ~e CPoers. So ::r CAw j;!,Vp..J /..,lJ ~ "..f;" /laP T/l-lr 0:,LUIU7~ WDli!.k KA)l)w MAIf/'t. OF I A/JjJL '1 jVJ '1 Crr'1 . Name: Ld/f/~M J. ;V1 CCA,J~ 1: e. Board Name: M <J ,v/<OJ ....L.. ~ 0 €. &tJ Fo I!!cE"M#,P:r &1t~O ",t Name: .JUN 042003 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) ~OUl S~ C. ~ J Lli"Y Home Address: I ~~() J'J RE='w :)} , CJ..~/1fl.Wf.J-rgp- Zie '337~~- Telephone: 1), 7 - '-1"(. - ~ 716 How long a resident of Clearwater? "'"5" It Occupation: _, Rr:rJ {l. G J) [5"-",) Field of Education: :;.. t t ~ LL.tr {; tF Office Address: Zip Telephone: Employer: S 1EL. r- ather Work Experience: If retired, former occupation: ~STArlS" ,oJ..~MA/~ Community Activities: '5~t- ~ c.J/l.Otre. +- f'e.c.Jf {?1J6Atf jJ-D 1Y1; C~I'J"6 WILStJA1I1..J!l.~ ~dStr Other Interests: Board Service (current and past): 7 '/ L Y f<... c- dDe;;- Board Preference: Cof)g Additional Comments: Signed: ;(i.u.L.. t'. e1r 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: 1._,-" BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? Pfl.rf\/IOU S t!'{)< PiFf!./G""J1/Ce 7 12..- .Y~ ~tST I ~tE"/? A5 PRE'SI j)G* AIr- 2. Have youever observed a board meeting either in person or on C-View, the City's TV station? 'IlF5 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? if J A s /i ~(J \/ /,7 4. Why do you want to serve on this Board? [vIA IT ro StrH. t/1r r;r'"l::/'C CIIY - Name: Board Name: M U AJ J () J r 4L. a cJP l'r t: tJ P 0 R c Sf' IP 1i1/(; Oct-05-05 01:10P Adelson & Assoc 727 781 5167 P.Ol CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARD~ (must be Clearwater resident) ;,~i'~C,ErVFl Name: R.lt!..U"fe..J7 Ar:lGJ....?ON Home Address: z..b 70 e.Et? ()( IC- (.;"aaJ~1 C.L.fA~Lv'A"t~ . Fi- Zio 3376L , Telephone: 7'1-7 . 7g'S . 570b How long a resident of Clearwater? '25 Yt:.5 Occupation: Atc-GkITS"-T Field of Education: ~S ~~. J:;f.J('.,. OCT 0 5 2905 Office Address: ~AME' . r<}~CORiJ.;;; '\i\;{ .i ..cGISLAnVE ~~('S DE?! Zip Telephone: Employer: At:'eL..SD~ IJ A~c., IN ~ Other Work Experience: If retired, former occupation: Community Activities: Other Interests: Board Service (current and past): NoN!: Board Preference: M VN J ~ I ~..It- t:..op';: E.f.lFa fZ-c.EMEt-IT &.f~P ~~ CClIw\~VN 'TY -PE~~PME/IIT 5?A~ Additional Comments: Signed: ~~~_. Date: /o/slos ~ ( See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, Po O. Box 4748, Clearwater, Fl 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Oct-05~05 01:10P Adelson & Assoc 727 781 5167 P.02 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? (l.. C')\1~t--t~ J4Ur-1N~,,~ (}fJ TH& eJ.l ~i,e..~~1'\ 6!-JT of l,.lJv6$ tNl.L:.. Fl~ 716~~1 ~J!.'vVJ(v' 1> Z~~l~"..,,_, ~. H/tl ~ L.. ~~ fl1.4,rt~~~ rz.EL.4T69 .J? rl..A/V~ 1~4 " t7~L/~L.Df? Ht$r'-C t:.ITY , 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? ~ull~ Arr:~~"~,t) ~~f~1L-IS, ~f1f 15oA1Z-P? I,., c.L--t;"p\.ll,(ffS~ f OTJ./~1'- ~VW IC'f?~.1_1 '"rl~.s 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? J ..~ _AI'I .A~~# IT6.cr A~,~ IIAv6 Af't:'~"'C'" ~.F-6 ~TIf ~~J 4. Why do you want to serve on this Board? I N~l(~ 86~P ~€Q.1I6ff~'f7 1'fJ ~ 101& '~/" En J,tC I!- fhtf 'IZ-,D ,__~'I .... C-/1Y c,'-tJ:l..~J F-~ 111 J"I ~tt- , , Name:, r~~ Board Name: JJ:7 ~~ ~ City Council Cover Memorandum Tracking Number: 1,666 Actual Date: 10/06/2005 Subject / Recommendation: Authorize the negotiation of a contract for health insurance with United HealthCare under a fully insured funding arrangement for the contract period of January 1, 2006, to December 31, 2006, at a total not to exceed cost of $15,450,000 which includes estimated City ($10,400,000), employee ($3,730,000), and retiree/COBRA/Out-of-Area ($1,320,000) premiums, and continue with the 3rd year of a 3 year contract with Bradman/Unipsych for the mental health/substance abuse and EAP coverage contract for 2006 at an estimated cost of $205,000 ($184,000 for current employees and $21,000 for retirees and COBRA), maintaining the City's current funding strategy. Summary: The contract with the City's current medical insurance provider, CIGNA HealthCare, expires on December 31, 2005. Based on the renewal proposal from CIGNA HealthCare for 2006, the City elected to go out for RFP. The City Benefits Committee evaluated RFP responses from five major carriers. The five respondent proposals were scored and ranked by the Committee based on cost, ability to perform, adequacy of network, "AM Best" rating, and experience with other government agencies in Florida. Based on the evaluation, United HealthCare received the highest score from all fifteen Benefit Committee members. Both staff and the Benefits Committee recommend United Healthcare be awarded a one-year contract to provide City medical insurance coverage for calendar year January through December, 2006. The new plan would result in a 5.84% overall increase in premium costs. However, the costs would be more effectively aligned with the utilization among the plans, resulting in a net decrease for all tiers of the base plan. As such, it is anticipated that enrollment shifts will result in the actual overall increase being less than 5.84%. The coverage would maintain the City's existing plan structure consisting of HMO and POS standard and buy-up options, an open access network of providers and facilities, and maintenance of all current benefit levels, including prescription co-pays. Additionally, staff recommends continuing with BradmanjUnipsych for EAP and mental health/substance abuse coverage for City employees and their covered dependents for 2006. This is without a rate increase. For fiscal year 2006, the City budgeted approximately $11,737,280 for 1,834 full time positions for the City's share of medical insurance coverage. The City's estimated share of actual expenses for FY 06, which covers three months of the current contract and nine months of this proposed contract, is $10,584,000. The difference between budgeted and actual costs, estimated to be $1,153,280, will be deposited into the Premium Stabilization Fund. The above number is assuming all positions are filled at all times and that employees select type of coverage (employee only, employee 1, and employee family) similar to the current year. Costs related to this contract for coverage from October through December 2006, estimated to be $3,915,000, will be budgeted as part of the fiscal year 2007 budget. Staff also recommends that the current funding strategy for City contributions to health care representing 100% of the HMO Standard cost for "Employee Only," 75% of the HMO Standard cost for "Employee plus One," and 68% of the HMO Standard cost for "Employee plus Family," applied to the tiers in the HMO Buy-Up, POS Standard, and POS Buy-Up plans respectively, be maintained ~.~ u~ City Council &_w~gendaw,f,~ver Mem~,~,!",!!~!lI!!'&'~_~m"m"'@'mmm Originating: Human Resources Section Other items on City Manager Reports Category: Agreements/Contracts - with cost Public Hearing: No Financial Information: Type: Operating Expenditure Bid Required? No Bid Exceptions: Other Other Contract? Medical services In Current Year Budget? Yes Budget Adjustment: No Annual Operating Cost: $10,584,000.00 Review Approval Cvndie Goudeau 10-06-2005 15:49:29 Tina Wilson 10-06-2005 07:56: 11 Garrv Brumback 10-06-2005 15:42:30 Leslie Dougall-Sides 10-06-2005 15:03:56 Bill Horne 10-06-2005 15:47:20 .... f-t E .<Ll U :lOA11:) ~" ,;;). 7 \D o o N W a:: <C u :J: t- ...I <C w :J: c o .- ..., u cu . ..... o I- D. ..., U) o U \0 o o N C o ell '.. CD ... · = ...GJ,. "'.. .,.. ~,o'......'.. .- -- ~ ,.., ~ E.",... ~,'...,' '., 'i c..... . w .. .. c GO 1ft ~ ~ N .... ..',',',',.~ .....,.,. ..... 0 ,v ..AI"",.".,' ",,0..'."".'., .........".. ....c w- .ftt u..oe " at iii " :I 1ft CII CD 0 C ftt .... ;; ~CJ as f +' eft _ N " U ...:1 " a. ..... c c " :s E.5 GJ ....GJ .ow(IIb"t ~>E >!.~ .... rfJ .::1 . ... qs Q u .-'.. U.a.... CD u E:s 'u a. .c .... CD ".... (II t;.2asi; . c o .- U) .- u cu C GI O~ GI 0" eft ~'" . -- eft E", ~ ..-I. ... 18 = ~ g "OU~ Gla-endS II. 0 ...,... '.', · "1.G:CI1. 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C e .. ::::I U C o " cu VI " m ~ I: o .- .... fa -c I: cu E E o u cu ~ ~ o "- U) .- U) fa ca GJ .., c as ftI~ C" - ... ftJ C 0.0 - III ~ CL IV fi:"a .c E ",cu; ~ cu >- ..., AS "a 'u- ., CU.~ ~ .c ~ ~ u g ~a"" c u .- en en ." .-, CII'" .- .. fa..., OUl ii ~ ::I", '.,' II- CT;J U en >- c cCIJ cc:rcpZ"iio '11 .-cu .!:! >- > ii W J!" EO;; '" ID C" .". RS - UN'" '-"a .- CL CD'- as :,...... c, .5 E 1::6 .! .-"'%CUW:JU . . . . icl8 ~~ (l~ City Council Cover Memorandum Tracking Number: 1,670 Actual Date: 10/06/2005 Subject / Recommendation: Adopt Resolution 05-47 requesting the Florida Division of Alcoholic Beverages and Tobacco issue a special license for alcohol consumption on the premises of the Harborview Center and requesting that the license be transferred to Global Spectrum, L.P. Summary: The Harborview Center has been operated as a convention/civic center for the past 10 years and has been managed by Global Spectrum, L.P.(GS) on behalf of the City since its inception. During that time, GS entered into a contract with Boston Concession Group (BCG) to provide catering services including food and beverages. Therefore, BCG held the license to dispense alcohol at the Center. The agreement between GS and BCG was terminated on September 30, 2005 and GS now desires to be the caterer for the Harborview Center as provided for in the agreement between the City and GS. Staff requested that the Florida Division of Alcoholic Beverages and Tobacco transfer the license held by BCG to GS, however, the City was denied and required to make a new request to obtain an alcohol license for the Harborview Center. In order to provide continued catering service, which includes serving alcohol, staff recommends that this Resolution be adopted and that the alcohol license be transferred to GS. Originating: Parks and Recreation Section Other items on City Manager Reports Category: Code Amendments, Ordinances and Resolutions Number of Hard Copies attached: 0 Public Hearing: No Financial Information: Review Approval Kevin Dunbar 10-06-2005 11:27:52 Garry Brumback 10-06-2005 13:42:02 Laura Lioowski 10-06-2005 13:21 :43 Bill Horne 10-06-2005 14:44:42 Cyndie Goudeau 10-06-2005 14:56:34 RESOLUTION NO. 05-47 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, REQUESTING THE FLORIDA DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO ISSUE A SPECIAL LICENSE FOR ALCOHOL CONSUMPTION ON-PREMISES ONLY TO THE HARBORVIEW CENTER, AND REQUESTING TRANSFER OF SAID LICENSE TO THE FACILITIES CATERER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the ability to serve alcoholic beverages is an important aspect of providing a full-service facility for the users of the Harborview Center; and WHEREAS, Florida Statutes 561.20(2)(h) provides for the issuance of a special alcohol beverage license for government-owned civic centers; and WHEREAS, Harborview Center is a convention/civic center owned of the City of Clearwater and managed by Global Spectrum, L.P. (GS); and, WHEREAS, the Boston Concession Group (BCG) was the previous caterer for Harborview Center pursuant to an agreement between GS, the City and BCG; and WHEREAS, the agreement between GS, the City and BCG has been terminated; and WHEREAS, catering services will now be provided by GS under its management agreement with the City; and WHEREAS, the City of Clearwater wishes to have the alcohol beverage license transferred to GS in order to provide said services; and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City of Clearwater hereby requests the Florida Division of Alcoholic Beverages to issue a special license pursuant to the application of the City/GS to be filed with the Division. Section 2. The City of Clearwater requests a transfer of said license to GS, the caterer for Harborview Center. Section 3. The City Council hereby authorizes the City Manager to sign all necessary and appropriate documents on behalf of the City to complete the application and transfer application and implement this resolution. Section 4. This resolution is effective immediately upon adoption. PASSED AND ADOPTED this _ day of ,2005. Frank v. Hibbard, Mayor Approved as to form: Laura Lipowski, Assistant City Attorney Cynthia E. Goudeau, City Clerk Resolution No. 05-47 From: To: From; Sent; To: C:c: Home, 2005 9:21 AM Garry; Carrier, Ai Michael FW: trimming on the Memorial -----OrI910al Message---- To: FW: trimming of mangroves the Memorial Causeway 1 fmm: Sent: To: Cc: Council Mr. Horne: a are areas and not have AI Message----- from: Horne, William Sent: T@: Cc: 2 Bill Horne, ICMA-CM City Manager Clearwater, FL (727) 562-4046 -----Original Message----- From: Arasteh, Mahshid Sent: Friday, september 30,20054:14 PM To: Brumback, Garry; Home, William Cc: Carrier, AI; Rnch, Terry; Quillen, Michael Subject: trimming of mangroves on the Memorial Causeway BiIIl Garry we just had our last conversation with the County.. Will Davis and David Walker. In the past County has indicated that they can not issue a permit for this trimming. As of this afternoon and after their conversation with FDEP they have informed us that the City can apply for a permit to trim these mangroves. Up to 65% of the square footage of the mangroves could be trimmed. 25% of the 65% must remain over 16 feet tall. County will send us the details of requirements of the permit. Cost of trimming depends on the final design and the desired view corridors. For this we need to develop a plan. A preliminary estimate is $225K to $450K for the initial trimming. Yearly maintenance is between $75K and $120K. Concerns are: The intent of City's Comp Plan is to preserve the mangroves as much as possible. This does not preclude trimming. Also in the past the residents of the adjacent Islands have expressed their desire not to trim the mangroves - since the mangroves act as a noise buffer for their properties. Our environmental staff have always expressed their concern that trimming mangroves does not fully retain the ecological values of the mangrove habitat i.e. the birds do not utilize trimmed mangroves the same way they use the untrimmed mangroves. The Camp Plan also says that the City shall continue to protect coastal wetlands and wildlife habitat... (section 20.1) Mahshid D. Arasteh, FE Public Works Administrator 727-562-4757 3 Item 15.2 (CC 10-06-05) Re: Scanned Item Reports & Studies Handout: Excerpts from Community Development Code ~ 3-909 CCJ'\tq - 10 Ob -oS- 15.J COMMUNITY DEVELOPMENT CODE 3calV\i.d - {Cfpc-.K t ~h.d,~ 7. N ewsracks and modular newsracks shall be of uniform material and where located on public property shall be finished with muted, earthtone and uniform color. D. Construction requirements. All types of newsracks must be appropriately anchored or secured from potential hazards, in accordance with current engineering standards, and may be anchored to any concrete pad located in the public right-of-way provided all other provisions are met. E. Additional requirements for newsrack and modular newsracks in the tourist and downtown districts and scenic corridors. All types of newsracks located in the tourist and downtown districts shall be subject to the applicable adopted design guidelines governing Clearwater Beach and Down- town. The community development coordinator may extend the allowable length and height of modular newsracks (in the tourist and downtown districts only), provided the newsracks are com- patible in terms of location, height and length with the surrounding environment. (Ord. No. 6526-00, ~ 1,6-15-00; Ord. No. 6795-01, ~ 2, 7-12-01) Section 3-910. Color. No building shall be painted or otherwise fin- ished with a predominant color which is garish, gaudy, loud, excessive, ostentatious or otherwise constitutes a glaring and unattractive contrast to surrounding buildings. Section 3-911. Underground utilities. For development that does not involve a subdi- vision, all utilities including individual distribu- tion lines shall be installed underground unless such undergrounding is not practicable. Section 3-912. Outdoor display/storage. Unless otherwise expressly permitted in the zoning district in which the property is located, the outdoor display and storage of goods and materials is prohibited. (Ord. No. 6928-02, ~ 50, 5-2-02) Supp, No, 12 Section 3-913. General standards for Level One and Level Two approv- als. A. Level One applications, in order to be ap- proved by the community development coordina- tor, and Level Two aoplications. in order to be approved by the community development board, shall meet each and every one of the following criteria: 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density, and character of adja- cent properties in which it is locatecr- 2. The proposed development will not hinder or discourage the appropriate develop- ment and use of adjacent land and build- ings or significantly impair the value thereof. 3. The proposed development will not ad- versely affect the health or safety or per- sons residing or working in the neighbor- hood of the proposed use. 4. The proposed development is designed to minimize traffic congestion. 5. The proposed development is consistent with the community character of the .im; mp.rli::lte vicinity of the parcel proposed for development. 6. The design of the proposed development minimizes adverse effects, including vi- sual, acoustic and olfactory and hours of operation impacts, on adjacent properties. B. In the event of an express conflict between a particular flexibility criterion and a provision of Article 3, the flexibility criterion shall govern unless the context clearly implies that the Article 3 provision should control. (Ord. No. 7413-05, ~ 18, 5-5-05) Section 3-914. Stormwater detention facili- ties. A. Stormwater facilities required for attenua- tion purposes by the adopted standards and spec- ifications (see section 3-901) but which in the opinion of the city engineer would be impractical because of the size of the property, the space CD3:34 I Map Output Page 1 of 1 NUI/!~ ElLS ;:;; .5roJ{!./,I;..s A-~OIlE ~;~wiJ~ &J~ t~of>ts6 E-~ 'fJ/2o:J"Ec.l 1/'1 / j/.~ /6 J-(T *" N/-MJ:J fR... ~/Gf-/ I' * .s T I}-..J..b It~ -So / rL~/ Sr.b '10 I FLEf JJEV1-- 6-0 ' "f M oJ.E- F;; I!/I t+- ~ http://msb-gis-int/scrvlct/conu.:sri.esrimap . Esrimap?Servicti\J dn 1\:'''0 YMap&Client Y clsio,.. 10/6/2005 DEFINITIONS AND RULES OF CONSTRUCTION Section 8-101. Rules of construction. For the purposes of this Development Code, the following rules of construction shall apply: A. The provisions of this development code shall be construed to achieve the purposes and intent for which they are adopted. B. Nothing in this development code is in- tended to abrogate any easement, cove- nant~ deed restriction or other private agreement; however, where the regula- tions of this development code are more restrictive or impose higher standards or requirements than such easement, cove- nant, deed restriction or other private agreement, the requirements of this de- velopment code shall govern. C. In the event of a conflict between the text of this development code and any caption, figure, illustration, table, or map, the text of this development code shall control. In the event of a conflict between a chart and an illustration, the chart shall control. All illustrations included in this development code are for illustrative purposes only. D. In the event of any conflict in limitations, restrictions, or standards applying to an individual use or structure, the more re- strictive provisions shall apply. E. The words "shall," "must," and "will," are mandatory in nature, implying an obliga- tion or duty to comply with the particular provision. F. The word "may" is permissive in nature. G. Words used in the present tense include the future tense. H. Words uses in the masculine gender in- clude the feminine gender. 1. The words used and occupied as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied." J. The word "lot" shall include the "plot," "parcel," "site," or "tract" of I K. The word "herein" means "this dev lop- ment code." Supp, No, 6 CD8:3 ~ 8-102 L. Any act authorized by this development code to be carried out by a specific official or agency of the city is impliedly autho- rized to be carried out by a designee of such official or agency. M. The time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or a legal holiday, that day shall be excluded. N. Any words and terms not defined herein shall have the meaning indicated by com- mon dictionary definition. O. Any reference to Florida Statutes or Flor- ida Administrative Code shall be con- strued to be a reference to the most recent enactment of such statute or rule, and shall include any amendments as may from time to time be adopted. Section 8-102. Definitions. For the purposes of this Development Code, the following words and terms have the meanings specified herein: Abandoned building means a building or struc- ture that is deserted by the owner and left unse- cured or that is not maintained. Evidence of desertion and lack of maintenance shall include, but not be limited to: unaddressed code violations; lack of required building permits or certificate of occupancy; lack of occupational license; and lack of active utilities. Abandoned motor vehicle means a motor vehi- cle voluntarily relinquished by the owner for an apparently indefinite period of time. The term includes but is not limited to any motor vehicle which is left upon private t the consent of the owner, lessee or occupant ther f fi er t an two hours. Abutting property means property which is contiguous to the parcel proposed for develop- ment or contiguous to property which is owned by the applicant and/or an affiliated entity of the applicant which is contiguous to the parcel pro- posed for development. v ~ 2-402 COMMUNITY DEVELOPMENT CODE Section 2-402. Minimum standard develop- ment. The following uses are Level One permitted uses in the MHDR District subject to the mini- mum standards set out in this Section and other applicable provisions of Article 3. Table 2-402. "MHDR" Minimum Standard Development Min. Lot Area Min. Lot Max. Height Min. Off-Street Use (sq. ft.) Width (ft.) Min. Setbacks (ft.) (ft.) Parking Front Side Rear(1) Attached Dwellings 15,000 150 25 10 15 30 lo5/unit Community Residential Homes (6 or 5,000 50 25 10 15 30 lo5/unit fewer residents) Detached Dwellings 15,000 150 25 10 15 30 lo5/unit (1) The Building Code may require the rear setback on a waterfront lot to be at least 18 feet from any seawall. Supp, No, 12 CD2:26 tf ~ 2-403 COMMUNITY DEVELOPMENT CODE Section 2-403. Flexible standard develop- ment. The following Level One uses are permitted in the MHDR District subject to the standards and criteria set out in this section and other applica- ble regulations in Article 3. Table 2-403, "MHDR" Flexible Standard Development Min, Lot Area Min. Lot Max, Height Min. Off-Street Use (sq, ft) Width (ft.) Min, Setbacks (ft.) (ft.) Parking Front Side Rear(1) Assisted Living Facilities 15,000 150 25 10 15 30-40 1/1000 sq, ft. Attached Dwellings 15,000 150 25 10 10-15 30-50 L5/unit Community Residential Homes (up to 5,000 50 15-25 5-10 5-15 30-40 1 per 2 resi- 14 residents) dents Detached Dwellings 5,000- 50- 25 5-10 5-15 30-40 L5/unit 15,000 150 Nursing Homes 15,000 150 25 10 15 30-40 1/1,000 sq, ft. Overnight Accommodations 15,000 150 25 10 15 30-40 1/uni t Schools 40,000 200 25 10 15 30-40 1/3 students Utility/Infrastructure Facilities(2) nla nla 25 10 15 nla nla (1) The Building Code may require the rear setback on a waterfront lot to be at least 18 feet from any seawall. (2) Utility/Infrastructure uses shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. Flexibility Criteria: A. Assisted living facilities. 1. The buildings in which the facilities are to be located do not have a flat roof; 2. Off-street parking is screened from adja- cent parcels of land and any adjacent street by a landscaped wall or fence of at least four feet in height; 3. No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign pro- gram; 4. All outdoor lighting is designed and lo- cated so that no light fixtures cast light directly on to adjacent land used for resi- dential purposes; Supp, No, 8 CD2:28 5. All waste disposal containers which serve the proposed use are located within a landscaped enclosed structure; 6. The parcel proposed for development is not located in a designated Neighborhood Conservation District, or if the parcel is within the boundaries of a designated Neighborhood Conservation District, the lot area, lot width and setbacks are not less than 90 percent of the average lot area, lot width and setbacks of all im- proved parcels of land which are located within the Neighborhood Conservation Im- mediate Vicinity Area and the height does not exceed 120 percent of the average height of buildings and structures located within the Neighborhood Conservation Im- mediate Vicinity Area, 7, Height: a. The increased height results in an improved site plan, landscaping ar- -6- ZONING DISTRICTS 2. All off-street parking is located at least 200 feet from the nearest property used for residential purposes or is designated as residential in the Zoning Atlas; 3. All outdoor lighting is designed and lo- cated so that no light fixture is within 200 feet from the nearest existing building used for residential purposes and so that no light falls on residential property. 4. Height: a. The increased height results in an improved site plan, landscaping ar- eas in excess of the required mini- mum and/or improved design and appearance. b. The increased height will not reduce the vertical component of view from a parcel of land which is designated as low density residential in the Zon- ing Atlas. ~ 2-404 H. Utility / infrastructure facilities. 1. No above ground structures are located adjacent to a street right-of-way; 2. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees and hedges which five years after installation will substantially obscure the fence or wall and the above ground structure. (Ord. No. 6526-00, ~ 1, 6-15-00) Section 2-404. Flexible development. The following Level Two uses are permitted subject to the standards and criteria set out in this section and other applicable regulations in Article 3. Table 2.404, "MHDR" Flexible Development Min. Lot Area Min, Lot Max. Height Min, Off-Street Use (sq. ft.) Width (ft.) Min. Setbacks (ft.) (ft.) Parking Front Side Rear(1) Attached Dwellings 15,000 150 15-25 0-10 10-15 30-50 1.5/unit Congregate Care 15,000 150 25 10 15 30 1 per 2 resi. dents Non-Residential Off-Street Parking(2) nla n/a 25 5 10 n/a nla Overnight Accommodations 15,000 150 15-25 0-10 10-15 30 l/unit 1 per 20,000 SF land area or as determined by the community Parks and recreation facilities nla n/a 35 20 25 30 development coordinator based on the ITE Manual standards Residential Infill Projects(3) n/a n/a 10-25 0-10 0-15 30 l/unit Residential Shelters 15,000 150 25 10 15 30 2/1,000 GFA (1) The Bmldmg Code may reqmre the rear setback on a waterfront lot to be at least 18 feet from a seawall. (2) Non-residential parking lots shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to the appropriate land use category. (3) The development standards for residential infill projects are guidelines and may be varied based on the criteria specified in Section 2-404(F). Supp, No, 2 ? CD2:31 ~ 2-404 COMMUNITY DEVELOPMENT CODE Flexibility criteria: A. Attached dwellings. 1. Side and rear setback: a. The reduction in side and rear set- back does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and rear set- back results in an improved site plan, more efficient parking or improved design and appearance; 2. Height: a. The increased height results in an improved site plan, landscaping ar- eas in excess of the minimum re- quired and/or improved design and appearance; b. The increased height will not reduce the vertical component of the view from a parcel of land which is desig- nated as low density residential in the Zoning Atlas. 3. The parcel proposed for development is not contiguous to a parcel of land which is designated as low density residential in the Zoning Atlas; 4. Off-street parking is screened from adja- cent parcels of land and any adjacent street by a landscaped wall or fence of at least four (4) feet in height; 5. All waste disposal containers which serve the proposed overnight accommodations use are located within a landscaped en- closed structure. 6. Front setback: a. The existing structures along the same side of the road have been constructed with irregular setbacks and the proposed reduction in front setback will not be out of character with the neighborhood. b. The extent to which existing struc- tures in the neighborhood have been constructed to a regular or uniform set back from the right of way. Supp, No, 2 c. The reduction in front setback will not adversely affect adjacent prop- erty values. B. Congregate care. 1. The building in which the use is to be located does not have a flat roof; 2. Off-street parking is screened from adja- cent parcels of land and any adjacent street by a landscaped wall or fence of at least four feet in height; 3. All outdoor lighting is designed and lo- cated so that light fixtures do not cast light directly on to adjacent land used for residential purposes; 4. All waste disposal containers which serve the proposed use are located within a landscaped enclosed structure. C, Non-residential off-street parking. 1. The parcel proposed for development is contiguous to the parcel on which the non-residential use which will be served by the off-street parking spaces, is located and has a common boundary of at least 25 feet, or the parcel proposed for develop- ment is located immediately across a pub- lic road from the non-residential use which will be served by the off-street parking spaces, provided that access to the off- street parking does not involve the use of local streets which have residential units on both sides of the street. 2. No off-street parking spaces are located in the required front setback for detached dwellings in the MHDR District or within ten feet, whichever is greater, or within ten feet of a side or rear lot line, except along the common boundary of the parcel proposed for development and the parcel on which the non-residential use which will be served by the off-street parking spaces. 3. Off-street parking spaces are screened by a wall or fence of at least four feet in height which is landscaped on the exter- nal side with a continuous hedge or non- deciduous vine. 7 CD2:32 I 5. .....{ Public Restrooms in Neighborhood Parks tt. C. or - lo'O~05 /v\<tq,. dEM In {<S,)oj<.l$- S tvd ,L;: Immediate concern - Desire of several users of Forest Run Park to have a public restroom due to the location of public outdoor basketball courts. Inventory - Currently, the City has 17 public restrooms located throughout the City. Of these, four are on Clearwater Beach, six service athletic facilities, three are in community parks and only four are located in neighborhood parks. Additionally, there are 14 outdoor basketball courts, four of which are located at community parks and 10 located at neighborhood parks. Of these, only four of the basketball courts are located in neighborhood parks where a restroom exists. Discussion - Public restrooms in non-staffed City facilities have shown to be problematic over time. Between vandalism, inappropriate activities and illegal activities, the City transitioned several years ago to providing open public restrooms at staffed public areas (i.e. E. C. Moore, Pier 60) and controlled access at all others. Controlled access is considered when an activity that is coordinated through the special event process may secure use of the restroom during their event or activity to provide control over the facility or a co-sponsored group is operating their program at the facility (i.e. Countryside Community Park, Sid Lickton). Historically, public restrooms in neighborhood parks (i.e. Del Oro, Marymont, Woodgate) were actually constructed to house recreation programs in the 60's and early 70's. They were only open when staff was present. These were actually the first after school programs that the City operated. As the City transitioned to the construction of larger recreation centers, resources were shifted and these facilities no longer were operated as they once were. This led to a void in control that then provided an opportunity for vandalism and inappropriate and illegal activities. This ultimately provided for the current policy of only being opened during controlled events. All current public restrooms in neighborhoods are locked during normal operating hours. As mentioned earlier, the City has 14 public basketball courts of which 10 are located within neighborhood parks. None have available restroom facilities due to the problems previously mentioned. In Clearwater, a neighborhood park is defined as a park that can be used and easily accessed by residents within a one-mile radius of the park, thus the need to use a public comfort station is easily achieved by returning home. This "formula" has worked well for some time so that we are not left dealing with many of the issues that the City and other jurisdictions deal with in respect to illegal and immoral activity that these facilities can attract. In addition, the cost to construct as well as maintain public restrooms at all of our neighborhood parks would be astronomical. Recommendation - Staff recommends that the City continues the current policy of not providing restrooms in neighborhood parks. This recommendation is based on past experience, experiences other communities have with public restrooms and the cost to provide and maintain these facilities at all neighborhood parks. In highly active areas (i.e. Clearwater Beach, Crest Lake Park) the City has received many complaints and police involvement. We can expect this would permeate into our neighborhood parks as well. With the intent of neighborhood parks being within one-mile of resident's homes, the alternative of returning home is a far better solution than the introduction of inappropriate and illegal activity. Restrooms Basketball Courts . Belmont . Clearwater Beach Rec. Center * Cherry Harris Coachman Ridge Clearwater Beach (4 includes Pier 60 and .. Countryside Community Park Mandalay Park . Countryside Community Park Cypress Point Park . Countryside Sports Complex Del Oro Crest Lake Park Forest Run . Del Oro . Kings Highway (elem. school courts) . Ed Wright . Martin Luther King Center (managed by AALC) . E. C. Moore . Marymont . Frank Tack Field Montclair . Marymont . Morningside . Phillip Jones Valencia . Sid Lickton . Wood Valley (managed by Boys and Girls Club * Woodgate Woodgate . Opened only when user group is there due to vandalism. * Open when a key deposit is provided for a special event. . Restrooms available in center when open.