10/06/2005
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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
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From:
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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
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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
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City Council
~genda CO,!~.~ tJI~~l!Iorand,!!"
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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:
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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
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Owner Rottlund Homes
Case:
ANX2005-04015
Site: 2695 2nd Avenue S.
Property Size (Acres):
R-Q-W Size (Acres):
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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:
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Land Use
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32-28-16-00000-310-0400
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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
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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
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City Council
MM_,",~genda ,"f!?V~~,~!!!,"!?,r'!'~!!!'M",M_'""'","
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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
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City Council
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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
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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
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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
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Owner Virginia Phillips
Case:
ANX2005-050 1 6
Site: 1753 Grove Drive
Property Size
(Acres):
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Land Use
Zoning
PIN: 05-29-16-94338-002-0170
From:
RL (County)
R-3 (County)
To:
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LMDR (City)
Atlas Page:
264A
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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
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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.
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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
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e,A -' ~
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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'
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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-\()
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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
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City Council \l), \~
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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
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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~
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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
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City Council
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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-. - \
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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
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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..-\
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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,
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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.
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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.
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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.
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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
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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)
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APprovld as to form:
p/ ,~
City Attorney
Page 5 of 5 Pages
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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
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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
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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.
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"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
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"EXHIBIT 8"
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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
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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.
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City Council
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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
$1.00 and the benefits to be derived therefrom. (
Summary:
In 2001 The Salvation Army ("Army") purchased the former Clearwater Community Hospital
campus at 1515 Druid Road.
The Army demolished most of the old hospital facilities preliminary to constructing its new Social
Services campus. One existing structure was remodeled to serve as the Christmas Joy Center,
while a new 12,112 square foot Correctional Services building and a 5,492 square foot Social
Services Administration office building were newly constructed.
The subject easement grants were stipulated requirements in the City approving the 6.96 acre
campus site plan.
The Water Main and Utility Easements document City authority to maintain its water mains,
hydrants and meters within the 10-foot wide corridors described in the easements.
The small sidewalk easement improves publiC safety by widening the sidewalks connecting at
the southwest corner of Druid Road and South Crest Avenue.
Copies of the easement documents are available for review in the Office of Official Records and
Legislative Services.
Originating: Engineering
Section Consent Agenda
Category: Agreements/Contracts - without cost
Number of Hard Copies attached: 1
Public Hearing: No
Financial Information:
Review Approval
Michael Ouillen
08-29-2005
10:58:20
Garrv Brumback
09-21-2005
10:17:44
Laura Lioowski
09-16-2005
12:40: 19
Bill Horne
09-23-2005
12:55:59
~~. ..""" '8tMter
u~
Cyndie Goudeau
City Council
"".".,,~g~.nda c~~~! =~.~!!!.~,~~",!!,~!!,,~''''''',.,''''''_~'''''''',.,=,
09-23-2005 15:42:46
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City Council
_,_~enda C!>>ver~_Me!!1or:andum__>_"$~~_'=__#____'_
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
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fill
ST
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rwater
N
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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. S
S - T - R 09-29s-15e Date: 08/30105
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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
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City Council
'N,_"",",,,~,~,g~~!J,~~J:overMe!11orandum
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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
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WOODLAWN
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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
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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
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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
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BOARDS
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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
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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
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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
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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
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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
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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
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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
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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
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Purchasing Memorandum
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City Commission Item Id: 1594
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Preferred Date. 'mm_~m'm _ Actual Date:1Q:Q.~:?QQ?
Requesting Department: 1~.~~~YY~~t~!c;~~I~~rvic~~,
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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.
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Vendor Name, City, State:
Angelo'S Aggregate Materials, d.b.a. Angelo'S Recycled
Material, Largo, Florida
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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
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18
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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.
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Vendor Name, City, State:
Ringhaver Equipment Co., Riverview, Florida
Appropriation Code(s)
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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 _~,.,'
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~
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
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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 - ~
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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\ - \
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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. Unfortunately, this item
was not put on consent If you can provide something prior to Thursday, great If not, please have something to me that I
can place at their seats Thursday night
Cyndle
/
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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
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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
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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
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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
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t {.I'ile.
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ton j'C 11
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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
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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
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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.