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04/06/2006 ..~ "II! ~ . .' ~:,'... - . City Council Agenda Date: 04/06/2006 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 Business of the Quarter 6 Approval of Minutes 6.1 Continue approval of March 16,2006, minutes to April 20, 2006. 7 Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 8 Administrative public hearings - Presentation of issues by City Staff - Statement of case by applicant or representative (5 min.). - Council Questions - Comments in support or opposition (3 min. per speaker or 10 min. maximum as spokesperson for others that have waived their time). - Council Questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 8.1 Approve revisions to the Community Development Code and pass Ordinance 7605-06 on first reading. 9 Quasi-judicial public hearings - None 10 Second Readings - public hearing 10.1 Adopt Ordinance 7546-06 on second reading, making amendments to Beach by Design by amending Section II, Future Land Use, Subsection A, the "Old Florida" District; by amending Section II, Future Land Use, Subsection C, Marina Residential District; and by amending Sections V.B and VilA 10.2 Adopt Ordinance 7582-06 on second reading, making amendments to the Community Development Code Section 4-608 "Neighborhood Conservation Overlay Districts" by revising the designation criteria, designation process and requirements of the Neighborhood Conservation Overlay District. 10.3 Adopt Ordinance 7591-06 on second reading, annexing certain real property whose post office address is 1425 Regal Road into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 10.4 Adopt Ordinance 7592-06 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 1425 Regal Road, upon annexation into the City of Clearwater, as Residential Low. 10.5 Adopt Ordinance 7593-06 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 1425 Regal Road, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 10.6 Adopt Ordinance 7594-06 on second reading, annexing certain real property whose post office address is 1604 North Betty Lane into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 10.7 Adopt Ordinance 7595-06 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 1604 North Betty Lane, upon annexation into the City of Clearwater, as Residential Low. 10.8 Adopt Ordinance 7596-06 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 1604 North Betty Lane, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 10.9 Adopt Ordinance 7603-06 on second reading, amending the city's fiscal year 2005/2006 Operating Budget at first quarter. 10.10 Adopt Ordinance 7604-06 on second reading, amending the city's fiscal year 2005/2006 Capital Improvement Budget at first quarter. 10.11 Adopt Ordinance 7606-06 on second reading, amending Chapter 33, Section 33.067, Code of Ordinances, relating to waterways and vessels to change a defined area for speed restrictions of vessels greater than 25 feet in length. City Manager Reports 11 Consent Agenda 11.1 Approve Contract No. LE591 - Clean Vessel Act Grant Agreement with the Department of Environmental Protection (DEP) and authorize the appropriate officials to execute same. (consent) 11.2 Approve co-sponsorship and waiver of requested City fees and service charges for FY2006-2007 special events including seven annual City events; and nineteen City co-sponsored events; at an estimated gross cost of $619,145 ($137,500 representing cash contributions and $481,645 representing in-kind contributions) for the purposes of departmental budget submittals. (consent) 11.3 Award a contract for landscape and irrigation for a portion of SR 60 (the east entrance to the Memorial Causeway Bridge and 770 feet west of the Memorial Causeway Bridge) to Smith Landscaping Services, Inc. of Clearwater, Florida, in the amount of $552,481.05, which includes base bid, and a 10% contingency and authorize the appropriate officials to execute same. (consent) 11.4 Ratify and confirm the City Manager's approval of the First Amendment to CBS Radio Agreement dated February 24, 2005 to co-promote the festival on March 11, 2006 known as "Wildsplash" located in Coachman Park. (consent) 11.5 Award a contract for civil work for a portion of SR 60 (the east entrance to the Memorial Causeway Bridge and 770 feet west of the Memorial Causeway Bridge) to Keystone Excavators, Inc. of Oldsmar, Florida, in the amount of $220,330, which includes base bid, alternates 12-27a and a 10% contingency and authorize the appropriate officials to execute same. (consent) 11.6 Appoint members to serve on the Public Art and Design Board beginning on April 1, 2006, as established by Ordinance No. 7489-05 (Public Art and Design Program):4 year terms - Joshua Bomstein, Clearwater Arts Foundation; George Ann Bissett, citizen and Alex Plisko, architect; 3 year terms - John Timberlake, citizen and Howard Warshauer, citizen; 2 year terms Davida Milne, artist and Mark Flickinger, Pine lias County Arts Council. 11.7 Approve submission of two grant applications that request funding for hiring of additional police officers for the Clearwater Police Department (CPD. (consent) 11.8 Approve the final plat for "Costa Verde" located at the intersection of Countryside Blvd. and Enterprise road adressed as 2506 Countryside Boulevard. (consent) 11.9 Accept a 149 square foot, more or less, perpetual Traffic Signal and Utility Easement over, under and across a portion of Lot 11, COLUMBIA SUBDIVISION NO.5 conveyed by Fulvio DiVello, Trustee of the DiVello Land Trust dated August 10, 2004, as amended and restated July 1, 2005, given in receipt of $1.00 and the benefits to be derived therefrom. (consent) 11.10 Approve a Subordination Agreement with the Florida Department of Transportation ("FDOT") regarding Parcel No. 111.06, WPI/SEG 7116967/3568811, S. R. 55, Section 15150-2579 as same may encumber Lot 1, DON PABLO'S - NURSERY ROAD subdivision, and authorize appropriate officials to execute same. (consent) 11.11 Award a contract in the amount of $500,000.00 to Rowland Inc. of Pinellas Park, Florida, for the repair and rehabilitation of sanitary sewer manholes and large diameter sewer pipes at various locations throughout the City of Clearwater, and that the appropriate officials be authorized to execute same. (consent) 11.12 Award a contract to Volt Telecom Group, of Port Richey, Florida for the Water Main Improvements Project - Phases 15, 16, & 17 (05-0003-UT), in the amount of $1,965,654.90, which is the lowest responsive bid received in accordance with plans and specifications, and that the appropriate officials be authorized to execute same. (consent) 11.13 Award a construction contract to Classic Protective Coatings of Menomonie, Wisconsin for the Elevated Water Storage Tank Modifications (04-0048-UT) in the amount of $1,954,700.00, which is the lowest responsible bid received in accordance with plans and specifications and that the appropriate officials be authorized to execute same. (consent) 11.14 Elect Councilmember Petersen as Vice Mayor. 11.15 Award a contract (purchase order) to Ring Power, Tampa, FL in the amount of $367,007.00, for the purchase and installation of one New Caterpillar Model 3516MUI Diesel Powered generator, set rated at 1750 Kw, for The Marshall Street Water Pollution Control Facility in accordance with Section 2.564 (1)(d), Code of Ordinances - GSA Contract GS-07F-566R, and the appropriate officials be authorized to execute same. (consent) 11.16 Award a Contract (purchase order) to Pat's Pump & Blower of Orlando, FL for the purchase of one Aquatech Sewer Cleaner Truck at a cost of $192,041.00 and declare G 1902, Vactor Sewer Cleaner Truck, as surplus to the needs of the City for trade-in and authorize the appropriate officials to execute same. (consent) 11.17 Award a contract (purchase order) to M&J Construction Company of Tarpon Springs, FL for the cleaning, repair, preparation and painting of deteriorated ceiling areas and all structural steel members over the Long Center pool, pool deck and viewing bleachers for $405,000.00 and authorize appropriate officials to execute same. (consent) 12 Other items on City Manager Reports 12.1 Approve amending the Code of Ordinances, establishing Section 47.053 to requuire supplemental radio communication equipment installation for uninterrupted transmissions through buildings and structures and pass Ordinance 7617-06 on first reading. 12.2 Appoint one alternate member to the Community Development Board with the term expiring on April 30, 2010. 12.3 Adopt Reolution #06-28, Opposing the PST A request to site their new Transfer Station at Greenwood Avenue and Wyatt Drive. 13 City Attorney Reports 14 City Manager Verbal Reports 14.1 Work Session conflicts - second Monday of the Month 15 Council Discussion Items 15.1 Story Corporation concept - Hibbard 15.2 Citizen Advisory Committee appointment - Hibbard 15.3 Visit Florida grant application for Courtney Campbell Causeway - Jonson 16 Other Council Action 17 Adjourn LL o >- I- u Interoffice Correspondence Sheet TO: Mayor and Councilmembers FROM: Cyndie Goudeau, City Clerk SUBJECT: Follow up from April 03, 2006 Work Session COPIES: William B. Horne, City Manager DATE: April 04, 2006 Aaenda City Council Meeting 04-06-06: Agenda provided. Minutes 6.1 Minutes from City Council Meeting 03-16-06: Item added to agenda and paperwork provided. Item 10.1 Adopt Ordinance 7546-06 on second reading, making amendments to Beach by Design. Revised Ordinance 7546-06 provided. Item 11.6 Appoint members to serve on the Public Art and Design Board beginning 04-01-06 as established by Ordinance #7489-05. Revised cover memo provided, application copies provided to those who did not place handouts in packs. Item 11.14 Elect Coucilmember Petersen as Vice Mayor. Revised cover memo provided. 1 of 1 LL o >- I- u Interoffice Correspondence Sheet To: Mayor and Councilmembers From: Cyndie Goudeau, City Clerk Bill Horne, City Manager; Garry Brumback, Asst. City Manager; Rod Irwin, Asst. City Manager; Pam Akin, City Attorney April 06, 2006 Agenda Packet for 04-06-06 CC: Date: RE: The following changes/additions are provided: · Revised Meetinq Aaenda for 04-06-06 City Council Meeting. Agenda provided. · 6.1 Minutes - Approval of March 16, 2006 Minutes continued to 04-20-06. · Item 8.1 - Approve revisions to the Community Development Code and pass Ordinance #7605-06 on first reading. Revised Ordinance 7605-06 provided. · Item 11.1 - Follow-up regarding Clean Vessel Act Pump Out Boat. Paperwork provided. · Item 12.3 - Adopt Resolution #06-28 for PST A Transit Station Proposal. Item added to agenda and paperwork provided. Note: D. Manni provided additional paperwork. · Item 14.1 - Work Session conflicts - second Monday of the Month. Item added to agenda. · Item 15.1 - Story Corporation Concept - Hibbard. Item added to agenda. · Item 15.2 - Citizen Advisory Committee Appointment - Hibbard. Item added to agenda. · Item 15.3 - Visit Florida Grant Application for Courtney Campbell Causeway _ Jonson. Item added to agenda. City Council ,,,,,,,_~,g,~nda,~,,!!~er Memora~.~~_1!I PL D - I 8. \ Tracking Number: 1,984 Actual Date: 04/06/2006 Subject / Recommendation: Approve revisions to the Community Development Code and pass Ordinance 7605-06 on first reading. Summary: The Planning Department is recommending a total of 30 amendments to the Community Development Code. The amendments present a change in current policy or a new policy issue and are outlined here: - Parking Requirements This ordinance increases the Residential Infill Project minimum parking space requirement for residential dwellings from 1 space to 2 spaces per unit in the LDR, LMDR, MDR, and MHDR Zoning Districts. - Comprehensive Infill Redevelopment The ordinance proposes amendments to improve the flexibility criteria for Comprehensive Infill Redevelopment projects. - Density for Overnight Accommodations This ordinance proposes an increase in the number of overnight accommodation units per acre, from 40 units per acre to 50 units per acre. - Restaurants, permitted as a primary use in the IRT District The ordinance proposes to permit restaurants as a primary use through both minimum standard development and flexible standard development. - Parking of vehicles on grass, by City permission. This ordinance proposes to allow public purpose parking on grass surfaces, if approved by the City Manager or the Community Development Coordinator. Other amendments are editorial in nature, provide additional flexibility criteria, or refinements to existing Community Development Code sections. Those amendments address parking restrictions on residential lots, graffiti, and the removal or impounding of inoperative vehicles on public property. The definitions of "Community Development Coordinator", and "Retail Sales and Services" are amended. The ordinance also prohibits building projections and attachments, such as awnings or signs, from being garish or gaudy. Attached please find the staff report for further analysis, and Ordinance No. 7605-06. The Community Development Board (CDB) reviewed the proposed amendment at its regularly scheduled meeting on March 21, 2006, and recommended its approval to the City Council. The Planning Department will report the recommendation of the COB at the April 6, 2006 City Council meeting. Originating: Planning Section Administrative public hearings Category: Code Amendments, Ordinances and Resolutions Number of Hard Copies attached: 0 Public Hearing: Yes Advertised Dates: 03/06/2006 04/03/2006 ... o ". atet City Council ~~,___=,,,~-gen~!",.,,c:over r~t~.!!!,Q,~!I_nd u mw,,,.,,,,.__,",.,.,.~ Financial Information: Review Approval Gina Clavton 03-16-2006 11:48:56 Cvndie Goudeau 03-30-2006 11:16:17 Michael Delk 03-16-2006 12:04:24 Garrv Brumback 03-30-2006 09:04:45 Leslie Douqall-Sides 03-27-2006 14:30:21 Bill Horne 03-30-2006 09:41: 10 CDB Meeting Date: Case: Ordinance No.: Agenda Item: March 21. 2006 T A2006-0 1001 7605-06 F1 CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION STAFF REPORT TEXT AMENDMENTS REQUEST: INITIATED BY: Amendments to the Community Development Code revising the Comprehensive Infill Redevelopment Projects flexibility criteria, increasing density for overnight accommodations, increasing parking requirements for attached dwellings as Residential Infill projects, permitting restaurants as a stand alone use through both minimum standard development and flexible standard development, and revising code provisions to improve enforcement ofthe code. City of Clearwater Planning Department BACKGROUND INFORMATION: Since the passage of the Community Development Code in 1999, the Planning Department has reviewed the Code as it applies to certain proposed development and the City process of development review applications. City of Clearwater staff has provided input aimed at improving the Code based on how staff has experienced the Code's performance in various circumstances. City staff developed a list of existing Community Development Code provisions that should be amended to better reflect City development patterns and improve internal processes. As part of the code update process, suggested amendments have been collected from the Planning and Development Services Departments. Discussions occurred to make certain that the amendments are workable and not conflicting with other City codes and processes. ANALYSIS: The Planning Department is recommending a total of 30 amendments to the Community Development Code. Some amendments present a change in current policy or a new policy issue. Other amendments are editorial in nature, provide additional flexibility criteria, or are refinements to existing Community Development Code sections. Amendments to the Community Development Code, Proposed Ordinance No. 7605-06 Staff Report Page 1 Please find below a summary ofthe most noteworthy proposed amendments organized by Code Article. A brief summary of other amendments is also provided here. Also attached is Ordinance No. 7606-06 which includes all of the specific amendments. Within the ordinance document, text that is underlined indicates proposed language and text containing strikethroughs indicate deletions. Article 2 - Zonine Districts · Parking Requirements (Pages 30 - 34 of Ordinance) Ordinance No. 7605-06 increases the Residential Infill Project minimum parking space requirement for residential dwellings, from 1 spaces to 2 spaces per unit in the LDR, LMDR, MDR, and MHDR Zoning Districts. This amendment addresses concerns raised by the Planning Department, the City Council, and the public regarding the need for additional parking for new residential development. · Comprehensive Infill Redevelopment (pages 3 - 30 of Ordinance) This ordinance includes proposed amendments to improve the flexibility criteria for proposed Comprehensive Infill Redevelopment projects. The proposed criteria focuses on minimizing impacts on surrounding properties, encouraging compatibility between adjacent land uses, meeting certain use objectives, and improving the quality of design. · Density for Overnight Accommodation Units (Page 6 of Ordinance) In an effort to provide incentives for hotel development in Clearwater, this ordinance proposes an increase in the number of overnight accommodation units per acre, from 40 units per acre to 50 units per acre. This increase is consistent with density provisions set forth in the Clearwater Comprehensive Plan. · Restaurants, permitted as a primary use in the IRT District (Pages 20 - 24 of Ordinance) This ordinance proposes an amendment to permit restaurants as a primary use through both minimum standard development and flexible standard development. The current provisions restrict restaurants to accessory uses. Article 3 - Development Standards · Parking of vehicles on grass, by City permission (Page 34 of Ordinance) In order to accommodate public purpose parking on grass surfaces, City of Clearwater administrative staffwill consider permission on a case-by-case basis. Page 2 Amendments to the Community Development Code, Proposed Ordinance No. 7605-06 Staff Report Other Amendments Proposed Ordinance 7605-06 includes a significant number of amendments that the Planning Department believes will assist residents and staff but do not have major policy implications. These amendments include: . Prohibiting graffiti; . Authorizing specific personnel to remove and impound inoperative vehicles on public property; and . Amending definitions. CRITERIA FOR TEXT AMENDMENTS: Code Section 4-601 specifies the procedures and criteria for reviewing text amendments. Any code amendment must comply with the following. 1. The proposed amendment is consistent with and furthers the goals, policies, objectives of the Comprehensive Plan. Below is a selected list of goals, policies, objectives from the Clearwater Comprehensive Plan that are furthered by the proposed amendments to the Community Development Code: . Goal 2 - The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. The proposed ordinance strengthens the Comprehensive IntilI criteria with regard to design criteria and neighborhood compatibility. It also increases hotel density to encourage hotel redevelopment. . Goal 4 - The City of Clearwater shall ensure that all development or redevelopment initiatives meet the safety, environmental, and aesthetic needs of the City through consistent implementation of the Community Development Code. The proposed amendments provide for increased parking requirements for residential development. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendments include a broad range of regulations ranging from permitted uses, standards, flexibility criteria, procedures, enforcement and definitions. Page 3 Amendments to the Community Development Code, Proposed Ordinance No. 7605-06 Staff Report The proposed amendments are consistent with the provisions of Section 1-103 that lists the purposes of the Code. SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code are consistent with the Clearwater Comprehensive Plan and the purposes of the Community Development Code. They also further the original redevelopment goals that established the Code. Existing Community Development Code provisions are amended to better reflect City development patterns and improve internal process. The Planning Department Staff recommends APPROVAL of Ordinance No. 7605-06 which makes revisions to the Community Development Code. Prepared by Planning Department : Michael H. Reynolds, AICP ATTACHMENT: Proposed Amendments to the Community Development Code Ordinance No. 7605-06 S:IPlanning DepartmentlCommunity Development Codel2006 Code Amendmentsl 1 ST QUARTER 20061Final Staff Report -2006 Amendments Ordinance No. 7605-06.doc Page 4 Amendments to the Community Development Code, Proposed Ordinance No. 7605-06 Staff Report ORDINANCE NO. 7605-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS, SECTIONS 2-704, 2-803, 2-903, 2-1004, 2-1204, 2-1304, AND 2- 1404, BY REVISING THE COMPREHENSIVE INFILL REDEVELOPMENT PROJECT FLEXIBLlTY CRITERIA; AND AMENDING ZONING DISTRICT TABLES 2-103, 2-104, 2-203, 2- 204, 2-304, AND 2-404 TO INCREASE THE MINIMUM OFF- STREET PARKING REQUIREMENT FOR RESIDENTIAL INFILL PROJECTS FROM 1 SPACE TO 2 PARKING SPACES PER UNIT; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2- 801.1, TO INCREASE THE DENSITY FOR OVERNIGHT ACCOMMODATION UNITS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1302, TO PERMIT RESTAURANTS AS A MINIMUM STANDARD DEVELOPMENT USE; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1303, BY REVISING FLEXIBLE STANDARD DEVELOPMENT PROVISIONS FOR RESTAURANTS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1403 TO ALLOW THE PARKING OF VEHICLES ON GRASS, WITH RESTRICTIONS; AND AMENDING ARTICLE 3, SECTION 3-1407, PARKING RESTRICTIONS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1503, NUISANCES, TO ADDRESS GRAFFITI; AND AMENDING ARTICLE 3, SECTION 3-1507, TO AUTHORIZE SPECIFIC ENFORCEMENT PERSONNEL TO REMOVE OR IMPOUND INOPERATIVE VEHICLES ON PUBLIC PROPERTY; AND AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8-102, DEFINITIONS, BY REVISING THE DEFINITIONS OF COMMUNITY DEVELOPMENT COORDINATOR, AND RETAIL SALES AND SERVICES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-910, COLOR, TO PREVENT BUILDING PROJECTIONS AND ATTACHMENTS, SUCH AS AWNINGS OR SIGNS, FROM BEING GARISH OR GAUDY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March 8,1999, and 1 Ordinance No. 7605-06 WHEREAS, since the effective date of the new Community Development Code, the City of Clearwater has reviewed numerous development proposals in all of the new zoning districts in all parts of the City that utilize the Minimum Standard, Flexible Standard and Flexible levels of review, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, and WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 2, Zoning Districts, Section 2-704, Table 2-704 "C" Flexible Development Standards, is amended as follows: Section 2-704. Flexible development. The following uses are Level Two permitted uses in the "C" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-704. "c" District Flexible Development Standards Use Min. Lot Area Min. Lot Width Max. Height Min. Front (ft.) Min. Side (ft.) Min. Rear (ft.) Min. Off-Street (sq. ft.) (ft.) (ft. ) Parking Alcoholic 5,000- 50-100 25 15-25 0-10 10-20 5 per 1,000 Beverage Sales 10,000 GFA Comprehensive nla nla nla nla nla nla Determined by Infill the community Redevelopment development ProjectfB coordinator based on the specific use andlor ITE Manual standards Indoor 3,500- 30-100 25-50 15-25 0-10 10-20 3-5/1000 SF Recreation/ 10,000 GFA or 3- Entertainment 511ane, 1- 21court or 1/machine Light Assembly 5,000- 50-100 25 15-25 0-10 10-20 4-5 spaces 10,000 per 1,000 GFA Limited Vehicle 5,000- 50-100 25 15-25 0-10 10-20 4-5 spaces Service 10,000 per 1,000 GFA Marina 5,000- 50 25 25 10 20 1 space per 2 Facilities 20,000 slips Mixed Use 5,000- 50-100 25-50 15-25 0-10 10-20 4-5 spaces 10,000 per 1,000 GFA Nightclubs 5,000- 50-100 25 15-25 0-10 10-20 10 per 1,000 10,000 GFA 2 Ordinance No. 7605-06 Offices 3,500- 30-100 25-50 15-25 0--10 10-20 3-4 spaces 10,000 per 1,000 GFA Off-Street 10,000 100 n/a 15-25 0-10 10-20 n/a Parkina Outdoor 20,000 100 25 15-25 10 10-20 1--10 per Recreationl 1,000 sa FT Entertainment of land area or as determined by the community development coordinator based on ITE Manual standards Overnight 20,000-- 100-200 25--50 15--25 0-10 10-20 1 per unit Accommodatio 40,000 ns Problematic 5,000 50 25 15-25 10 10-20 5 spaces per Uses 1,000 SF GFA Restaurants 3,500- 35-100 25-50 15-25 0-10 10-20 7-15 spaces 10,000 per 1,000 GFA Retail Sales 3,500- 30-100 25-50 15-25 0-10 10-20 4-5 spaces and Services 10,000 per 1,000 GFA RV Parks 40,000 200 25 15-25 20 10-20 1 space per RV space Self storage 20,000 100 25 15--25 10 10-20 1 per 20 units plus 2 for manager's office Social/Public 5,000- 50-100 25-50 15-25 0-10 10--20 3-4 spaces Service 10,000 per 1,000 GFA Aaencies{2.}-( 1 ) T elecommunica 10,000 100 Refer to 25 10 20 nla tion Towers section 3-2001 Vehicle 10,000- 100-200 25 15-25 10 10-20 2.5 spaces per Sales/Displays 40,000 1,000 sa FT of lot area Veterinary 5,000- 50-100 25 15-25 0-10 10-20 4 spaces per Offices or 10,000 1,000 GFA Grooming and Boarding f41 Any use approved for a Comprehensive Infill Rede':elopment Project shall be permitted by the underlying Future Land Use Plan Map designation. ill (2} Social/public service agencies shall not exceed five acres. ---- 3 Ordinance No. 7605-06 Section 2. Article 2, Zoning Districts, Section 2-704. C. Commercial District ("C"), "Comprehensive infill redevelopment projects". Flexibility criteria, is amended as follows: C. Comprehensive intill redevelopment projects. 1. The development or redevelopment of the parcol proposed for de'.~elopment is otherwise impractical 'Nithout deviations from one or more of the following: use; intensity; other de'.'elopment standards; 2. The development of the parcel proposed for development as a comprehensive infill rede'Jelopment project will not materially reduce the fair market 'Jalue of abutting properties; 3. The uses within the comprehensive inflll redevelopment project are othenvise permitted in the City of Clean"l3ter; 1. The uses or mix of uses within the comprehensive infill redevelopment project are compatiblo with adjacent land uses; 5. The development of the parcel proposed for development as a comprehensi'.~e inflll redevelopment project will upgrade the immediate vicinity of the parcel proposed for development; 6. The design of the proposed comprehensive infill redevelopment project creates a form and function ,....hich enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; 7. Flexibility in regard to lot width, required setbacks, height and off street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposod for development and the City of Clearv.(ater as a whole; 8. Adequate off street parking in the immediate vicinity according to the sharod parking formula in Division 14 of Article 3 will be available to avoid on street parkjng in the immediate vicinity of the parcel proposed for de':elopment. 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoninq district: 4 Ordinance No. 7605-06 2. The development or redevelopment will be consistent with the qoals and policies of the Comprehensive Plan. as well as with the aeneral purpOse. intent and basic plannina obiectives of this Code. and with the intent and purpose of this zonina district: 3. The development or redevelopment will not impede the normal and orderly development and improvement of surroundina properties: 4. Adioinina properties will not suffer substantial detriment as a result of the proposed development: 5. The proposed use shall otherwise be permitted by the underlyina future land use cateaorv. be compatible with adiacent land uses, will not substantially alter the essential use characteristics of the neiahborhood: and shall demonstrate compliance with one or more of the followina obiectives: a. The proposed use is permitted in this zonina district as a minimum standard. flexible standard or flexible development use: b. The proposed use would be a sianificant economic contributor to the City's economic base by diversifyina the local economy or bY creatina iobs: c. The development proposal accommodates the expansion or redevelopment of an existinq economic contributor: d. The proposed use provides for the provision of affordable housina: e. The proposed use provides for development or redevelopment in an area that is characterized bv other similar development and where a land use plan amendment and rezoninq would result in a spot land use or zoninq desianation: or f. The proposed use provides for the development of a new and/or preservation of a workina waterfront use. 5 Ordinance No. 7605-06 6. Flexibility with reaard to use. lot width. reQuired setbacks. heiaht and off-street parkina are iustified based on demonstrated compliance with all of the followina desiqn obiectives: a. The proposed development will not impede the normal and orderlv development and improvement of the surroundinq properties for uses permitted in this zonina district: b. The proposed development complies with applicable desian auidelines adopted bv the City: c. The desiqn. scale and intensity of the proposed development supports the established or emeraina character of an area: d. In order to form a cohesive. visuallv interestina and attractive appearance. the proposed development incorporates a substantial number of the followina desian elements: . Chanqes in horizontal buildina planes: . Use of architectural details such as columns. cornices. strinacourses. pilasters. porticos. balconies. railinqs. awninas. etc.: . Variety in materials. colors and textures: . Distinctive fenestration patterns: . Building stepbacks: and . Distinctive roofs forms. e. The proposed development provides for appropriate buffers. enhanced landscape desiqn and appropriate distances between buildinqs. Section 3. Article 2, Zoning Districts, Section 2-801.1, Maximum development potential, is amended as follows: ---- Countywide Future Land Maximum Dwelling Units Maximum Floor Area Overnight Use Designation per Acre of Land RatioJ Impervious Accommodations Units Surface Ratio per Acre Resort Facilities High 30 dwelling units per FAR 1.0/1SR .95 4G 50 units per acre acre 6 Ordinance No. 7605-06 Section 4. Article 2, Zoning Districts, Section 2-803, Table 2-803 "T' Flexible Development Standards, is amended as follows: Section 2-803. Flexible development. The following uses are Level Two permitted uses permitted in the Tourist "T" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-803. "T" Flexible Development Standards Use Min. Min. Lot Max. Height Min. Front Min. Side Min. Rear Density Min. Off- Lot Width (ft.) (ft.) (ft.) (ft.) (ft. ) Street Area Parking (sa. ft.) Alcoholic 5,000 50 35-100 0-15 0-10 10-20 nla 5 per 1,000 Beveraae Sales GFA Attached 5,000- 50-100 35-100 0-15 0-10 10-20 30 unitslacre 1.5 per unit Dwellinas 10,000 Comprehensive nla nla nla nla nla nla 30 Determined Infill units/acre; by the Redevelopment 40 community Projectf41 roomslacre development coordinator based on the specific use andlor ITE Manual standards Limited Vehicle 5,000 50 35-100 0-15 0-10 10-20 nla 4-5 spaces Sales and Display per 1,000 GFA Marina Facilities 5,000 50 25 10-15 0-10 10-20 nla 1 space per 2 slips Nightclubs 5,000 50 35-100 0-15 0-10 10-20 nla 10 per 1,000 GFA Offices 10,000 100 35-100 0-15 0-10 10-20 nla 3-4 spaces per 1,000 GFA Outdoor 5,000 50 35 5-15 0-10 10-20 nla 2.5 spaces Recreationl per 1,000 Entertainment SQ FT of lot area or as determined by the community development coordinator based on ITE Manual standards Overnight 10,000- 100-150 35-100 0-15 0-10 0-20 40 1 per unit Accommodations - roomslacre 20,000 Restaurants 5,000- 50-100 25-100 0-15 0-10 10-20 nla 7-15 10,000 spaces per 1,000 GFA Retail sales and 5,000- 50-100 35-100 0-15 0-10 10-20 nla 4-5 spaces services 10,000 per 1,000 GFA 7 Ordinance No. 7605-06 (1) Any use appro'.'ed for a Comprehensive Intill Redevelopment Project shall be permitted by the underlying Future Land Use Plan Map designation. *********- Section 5. Article 2, Zoning Districts, Section 2-803.C. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: C. Comprehensive intill redevelopment projects. 1. The development or rede'ielopment of the parcel proposed for de'.'elopment is otherwise impractical without deviations from one or more of the following: use; intensity; other development standards; 2. The de\'elopment of the parcel proposed for development as a comprehensi'.'e infill redevelopment project will not reduce the fair market value of abutting properties; 3. The uses within the comprehensive infill redevelopment project are otherwise permitted in the City of Cleal'\vater; 4. The uses or mix of uses within the comprehensive infill redevelopment project are compatible with adjacent land uses; 5. The development of the parcel proposed for development as a comprehensi'.'e infill rede\'elopment project ':.'i11 upgrade the immediate vicinity of the parcel proposed for development; 6. The design of the proposed comprehensi'.'e infill redevelopment project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for de'.'elopment and the City of Cleal'\"l3ter as a 'Nhole; 7. Flexibility in regard to lot width, required setbacks, height and off street parking are justified by the benefits to community character and the immediate vicinity of the parcol proposed for de'.'olopment and the City of Clearvlater as a whole; 8. Adequate off street parking in tho immodioto vioinity occording to the shared parking formula in Division 14 of Article 3 will be available to avoid on street parking in the immodiate 'Jicinity of the parcel proposed for de'Jelopment; 9. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 8 Ordinance No. 7605-06 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zonina district: 2. The development or redevelopment will be consistent with the aoals and policies of the Comprehensive Plan. as well as with the aeneral puroose. intent and basic plannina obiectives of this Code. and with the intent and puroose of this zoninp district: 3. The development or redevelopment will not impede the normal and orderly development and improvement of surroundinq properties: 4. Adioininq properties will not suffer substantial detriment as a result of the proposed development: 5. The proposed use shall otherwise be permitted by the underlvina future land use cateqorv. be compatible with adiacent land uses. will not substantiallv alter the essential use characteristics of the neiahborhood: and shall demonstrate compliance with one or more of the followina obiectives: a. The proposed use is permitted in this zonina district as a minimum standard. flexible standard or flexible development use: b. The proposed use would be a sianificant economic contributor to the City's economic base by diversifvina the local economy or by creatina iobs: c. The development proposal accommodates the expansion or redevelopment of an existina economic contributor: d. The proposed use provides for the provision of affordable housinq: e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezonina would result in a soot land use or zonina desianation: or f. The proposed use provides for the development of a new, and/or preservation of a workina waterfront use. 9 Ordinance No. 7605-06 6. Flexibility with reaard to use. lot width. required setbacks. heiaht and off-street parkina are iustified based on demonstrated compliance with all of the followina desiqn obiectives: a. The proposed development will not impede the normal and orderly development and improvement of the surroundinq properties for uses permitted in this zonina district: b. The proposed development complies with applicable desion ouidelines adapted bv the City; c. The desian. scale and intensity of the proposed development supports the established or emeraina character of an area; d. In order to form a cohesive, visually interestino and attractive appearance. the proposed development incorporates a substantial number of the followinq desjqn elements: . Chanaes in horizontal buildinq planes: . Use of architectural details such as columns. cornices. strinocourses. pilasters, porticos, balconies. railinos, awninos. etc.: . Variety in materials. colors and textures: . Distinctive fenestration patterns: . Buildina stepbacks: and . Distinctive roofs forms. e. The proposed development provides for appropriate buffers. enhanced landscape desiqn and appropriate distances between buildinqs. 10 Ordinance No. 7605-06 Section 6. Article 2, Zoning Districts, Section 2-903, Table 2-903 Flexible Development Standards, is amended as follows: Section 2-903. Flexible development. The following uses are Level Two permitted uses in the Downtown "D" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-903. "D" District Flexible Development Standards Use Max. Heif;lht (ft.) Min. Off-Street Parkinf;l Alcoholic Beveraae Sales 30-100 3-5 oer 1,000 GFA Attached Dwellings 30-100 1-1.5 oar unit Comprehensive InJ=fill n/a Determined by the Redevelopment Project community development coordinator based on the specific use and/or ITE Manual standards Educational Facilities 30-100 4/1000 GFA Governmental Uses 30-100 3-5 per 1,000 GFA Indoor 30-100 3-5 per 1,000 GFA Recreation/Entertainment Facility limited Vehicle Sales and 30 2-4 per 1.000 GFA Displav Marinas/Marina Facilities 30 1 soace oer slio Nif;lhtclubs 30-100 3-10 per 1,000 GFA Offices 30-100 1-3 per 1,000 GFA Overnight 50-100 .75-1 per unit Accommodations Public Facilities 30-100 1-2 per 1,OOOGFA Restaurants 30-100 5-15 per 1.000 GFA Retail Sales and Service 30-100 2-4 oer 1,000 GFA Social/Public Service 30-100 3-4 per 1,000 GFA AgenCies Telecommunication Refer to Section 3- n/a Towers 2001 (1) Any use approved for a Comprehensi\'e Infill Redevelopment Pr<>joct shall bo permitted by tho underlying Futuro L~nd Uso Map designation. 11 Ordinance No. 7605-06 Flexibility standards criteria: *********** Section 7. Article 2, Zoning Districts, Section 2-903.C. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: C. Comprehensive inti" redevelopment projects. 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the following: use; intensity; other development standards; 2. The development of the parcel proposed for development as a Comprehensive Infill Redevelopment Project will not reduce the fair market value of .abutting properties; 3. The uses ~Nithin tho comprehensive infill redevelopment project aFa othorwise permitted in the City of Clearvl3ter; 4. Tho uses or mix of uses within the comprehensive infill redevelopment project are compatible with adjacent land uses; 5. The de\/elopment of the parcel proposed for de\.'elopment as an comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development; 6. The design of the proposed comprehensive infill redevelopment project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a 'Nhole; 7. Flexibility in regard to lot width, required setback-s, height and off street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for de'/elopment and the City of Clearwater as a whole; 8. .^.doquoto off street parking in the immediate vicinity according to the shorod parking formula in Division 14 of Article 3 ~:/ill be available to avoid on street parking in the immediate '/icinity of tho parcel proposed for development; 9. The design of all buildings complies with the DO'Nntown District design guidelines in Division 5 of Miele 3. 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoninQ district: 12 Ordinance No. 7605-06 2. The development or redevelopment will be consistent with the qoals and policies of the Comprehensive Plan. as well as with the qeneral purpose. intent and basic planninq obiectives of this Code. and with the intent and purpose of this zonina district; 3. The development or redevelopment will not impede the normal and orderlv development and improvement of surroundina properties: 4. Adioinina properties will not suffer substantial detriment as a result of the proposed development: 5. The proposed use shall otherwise be permitted bv the underlvino future land use cateaorv. be compatible with adiacent land uses. will not substantially alter the essential use characteristics of the neiqhborhood: and shall demonstrate compliance with one or more of the followinq obiectives: a. The proposed use is permitted in this zonina district as a minimum standard. flexible standard or flexible development use; b. The proposed use would be a sianificant economic contributor to the City's economic base bv diversifyinq the local economy or by creatina iobs; c. The development proposal accommodates the expansion or redevelopment of an existino economic contributor: d. The proposed use provides for the provision of affordable housina: e. The proposed use provides for development or redevelopment in an area that is characterized bv other similar development and where a land use plan amendment and rezoninq would result in a spot land use or zonina desianation; or f. The proposed use provides for the development of a new. and/or preservation of a workina waterfront use. 6. Flexibility with reoard to use. lot width. required setbacks. heiqht and off-street parkina are iustified based on demonstrated compliance with all of the followino desion obiectives: 13 Ordinance No. 7605-06 a. The proposed development will not impede the normal and orderly development and improvement of the surroundinq properties for uses permitted in this zoninQ district: b. The proposed development complies with applicable desian auidelines adopted bY the City: c. The desiqn. scale and intensity of the proposed development supports the established or emeraina character of an area; d. In order to form a cohesive. visually interestina and attractive appearance. the proposed development incorporates a substantial number of the followina desian elements: . Chanaes in horizontal buildina planes: . Use of architectural details such as columns. cornices. strinacourses. pilasters. porticos. balconies. railinqs. awninas. etc.: . Variety in materials. colors and textures; . Distinctive fenestration patterns: . Buildinq stepbacks: and . Distinctive roofs forms. e. The proposed development provides for appropriate buffers. enhanced landscape desian and appropriate distances between buildinas. 14 Ordinance No. 7605-06 Section 8. Article 2, Zoning Districts, Section 2-1004, Table 2-1004 "0" Flexible Development Standards, is amended as follows: Section 2-1004. Flexible development. The following uses are level Two permitted uses in the Office "0" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-1004. "0" District Flexible Development standards Use Min. Lot Min. Lot Width Max. Height Min. Setbacks (ft.) Min. Off-street Area (sq. (ft.) (ft. ) Parking ft.) Front Side Rear Accessory nfa n/a n/a n/a n/a nla 1/unit Dwellings Comprehensive Infill nla nfa nfa nfa nfa nla Determined by Redevelopment the community Project~ development director based on the specific use andfor ITE Manual standards Medical Clinic 20,000 100 30--50 15-35 10-20 10-20 5/1,000 GFA Mixed Use 3,500 50 30-80 15-35 10-20 10-20 2-311,000 GFA Nursing Homes 20,000 100 30-50 15-35 10-20 10-20 1 per 2 residents Offices 3,500 50 30-80 15-35 10-20 10-20 2-3f1,OOO GFA Restaurant nfa nfa nfa nfa nfa nfa nfa Retail Sales and nfa n/a n/a nfa nfa nfa n/a Service Telecommunication 10,000 100 Refer to 25 10 20 n/a Towers Section 3- 2001 TV Radio studios 20,000- 100-200 35-80 15-35 10-20 10-20 3-5f1,000 40,000 GFA (1) Any use approved for a Comprehensive Infill Redevelopment Project shall be pormitted by the underlying Future Land Use Map designation. """U'"'''''''''' 15 Ordinance No. 7605-06 Section 9. Article 2, Zoning Districts, Section 2-1004.B. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: B. Comprehensive infill redevelopment projects. 1. The development or redevelopment of the parcel proposed for development is othel\"/ise impractical ':.'ithout deviations from one or more of the foll<Yt.'ing: use; intensity; other de'.~lopment standards; 2. The de'.'elopmont of the parcel proposed for de\'elopment as a comprehensi'.'e infill rede'Jelopment project '.vill not materially reduce the fair market "alue of buttin~ properties; 3. The uses '.'.1thin the comprehensi'/e infill redevelopment project are otherwise permitted in the City of Clearwater; 4. The uses or mix of uses 'lIithin the comprehensive infill redevelopment project are compatible 'J.'ith adjacent land uses; 6. The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development; 6. The design of the proposed comprehensi'/e infill rede'/elopment project creates a fOFFFl and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a 'Nhole; 7. Flexibility in regard to lot width, required setbacks, height and off street parking aFe justified by the benefits to community character and the immediate vicinity of the parco I proposed for dovolopmont and tho City of Clearwater as a 'M1ole; 8. Adequate off street J';)arking in the immediate '.'icinity according to the shared parking formula in mvision 14 of Article 3 will be available to avoid on street parking in the immediate vicinity of the parcel proposed for development. 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district: 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan. as well as with the general purpOse. intent and basic planninq obiectives of this Code. and with the intent and purpose of this zoning district: 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties: 16 Ordinance No. 7605-06 4. Adioinina properties will not suffer substantial detriment as a result of the proposed development: 5. The proposed use shall otherwise be permitted bv the underlvina future land use cateaorv. be compatible with adiacent land uses. will not substantiallv alter the essential use characteristics of the neiahborhood: and shall demonstrate compliance with one or more of the followina obiectives: a. The proposed use is permitted in this zonina district as a minimum standard. flexible standard or flexible development use: b. The proposed use would be a sianificant economic contributor to the City's economic base bv diversifvina the local economy or bv creatina iobs: c. The development proposal accommodates the expansion or redevelopment of an existina economic contributor: d. The proposed use provides for the provision of affordable housina: e. The proposed use provides for development or redevelopment in an area that is characterized bv other similar development and where a land use plan amendment and rezonina would result in a soot land use or zonina desianation: or e. The proposed use provides for the development of a new. and/or preservation of a workina waterfront use. 6. Flexibilitv with rooard to use. lot width. required setbacks. heiaht and off-street parkinq are iustified based on demonstrated compliance with all of the followinq desian obiectives: a. The proposed development will not impede the normal and orderlv development and improvement of the surroundinq properties for uses permitted in this zoninq district: b. The proposed development complies with applicable desian auidelines adopted bv the City: c. The desian. scale and intensity of the proposed development supports the established or emerqinq character of an area: 17 Ordinance No. 7605-06 d. In order to form a cohesive. visually interestina and attractive appearance. the proposed development incorporates a substantial number of the followina desian elements: . Chanaes in horizontal buildina planes: . Use of architectural details such as columns. cornices. strinqcourses. pilasters. porticos. balconies. railinas. awninas. etc.: . Variety in materials. colors and textures: . Distinctive fenestration patterns: . Buildina stepbacks: and . Distinctive roofs forms. e. The proposed development provides for appropriate buffers. enhanced landscape desian and appropriate distances between buildinqs. Section 10. Article 2, Zoning Districts, Section 2-1204, Table 2-1204 "I" Flexible Development Standards, is amended as follows: Section 2-1204. Flexible development. The following are Level Two permitted uses in the Institutional ill District, subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-1204. "I" District Flexible Develooment Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-street Area (sq. (ft.) (ft.) Parking ft. ) Front Side Rear Comprehensive Infill nla nla nla n/a n/a n/a Determined by Redevelopment the community Project ft1 development director based on the specific use andlor ITE Manual standards Marina and Marina 5,000 50 15-25 10-15 0-20 30 1 per 2 slips Facilities Social and 20,000 100 15-25 10 15-20 30 4-5 per 1000 Community Centers GFA SociallPublic 10,000- 100 15-25 10 15-20 30 2-3 per 1,000 Service AQencies 20,000 GFA 18 Ordinance No. 7605-06 Telecommunication 10,000 100 25 10 20 Refer to n/a Towers Section 3- 2001 (1) Any use approved for a Comprehensive Infill Redevelopment Project shall be permitted by the underlying Future Land Use Map designat~on. ***---- Section 11. Article 2, Zoning Districts, Section 2-1204.A. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: A. Comprehensive intill redevelopment projects. 1. The de'/elopment or rede'/elopment of the parcel proposed for development is otherwise impractical \\~ithout deviations from one or more of the follo'.ving: use; intensity; other development standards; 2. The del.~lopment of the parcel proposed for development as a comprehensi'le infill rede'.~elopment project will not materially reduce the fair market ':alue of abutting properties; 3. The uses 'Nithin the comprehensive infill redevelopment project are otherwise permitted in the City of Clearwater; '1. The uses or mix of uses within the comprehensive infill redevelopment project are compatible ",-'ith adjacent land uses; 5. The development of the parcel proposed for de':elopment as an comprehensi':e infill rede'lelopment project '11i1l upgr-ade the immediate vicinity of the parcel proposed for development; 6. The design of the proposed comprehensive infill redevelopment project creates a form and functioA 'J.'hich enhances the community character of the immediate ...icinity of the parcel proposed for de':elopment and the City of Clearwater as a whole; 7. Flexibility in regard to lot width, required setbacks, height and off street parking :ue justified by tho benefits to community character and the immediate '/icinity of the parcel proposed for development and the City of Clearwater as a whole; 8. Adequate off street parking in the immediate vicinity according to the shared parking formula in Di':ision 14 of Article 3 'NiII be available to a'loid on street parking in the immediate vicinity of the parcel proposed for development; 19 Ordinance No. 7605-06 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoninq district; 2. The development or redevelopment will be consistent with the aoals and policies of the Comprehensive Plan. as well as with the aeneral purpose. intent and basic plannina obiectives of this Code. and with the intent and purpose of this zonina district; 3. The development or redevelopment will not impede the normal and orderly development and improvement of surroundina properties: 4. Adioinina properties will not suffer substantial detriment as a result of the proposed development: 5. The proposed use shall. otherwise be permitted by the underlyino future land use cateaorv. be compatible with adiacent land uses. will not substantially alter the essential use characteristics of the neiahborhood: and shall demonstrate compliance with one or more of the followinq obiectives: a. The proposed use is permitted in this zonino district as a minimum standard. flexible standard or flexible development use; b. The proposed use would be a sionificant economic contributor to the Citv's economic base by diversifyina the local economv or by creatinq iobs: c. The development proposal accommodates the expansion or redevelopment of an existina economic contributor: d. The proposed use provides for the provision of affordable housinq; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoninq would result in a spot land use or zonina desianation; or f. The proposed use provides for the development of a new. and/or preservation of a workinq waterfront use. 20 Ordinance No. 7605-06 6. Flexibilitv with reaard to use. lot width. reauired setbacks. heiaht and off-street parkina are iustified based on demonstrated compliance with all of the followinq desion obiectives: a. The proposed development will not impede the normal and orderlv development and improvement of the surroundina properties for uses permitted in this zonina district: b. The proposed development complies with applicable desiqn auidelines adopted bv the City: c. The desiqn. scale and intensity of the proposed development supports the established or emeraina character of an area: d. In order to form a cohesive. visuallv interestino and attractive appearance. the proposed development incorporates a substantial number of the followinq desion elements: . Chanqes in horizontal buildinq planes; . Use of architectural details such as columns. cornices. strinqcourses. pilasters. porticos. balconies. railinas. awninas. etc.; . Variety in materials. colors and textures: . Distinctive fenestration patterns: . Buildina stepbacks; and . Distinctive roofs forms. e. The proposed development provides for appropriate buffers. enhanced landscape desian and appropriate distances between buildinas. 21 Ordinance No. 7605-06 Section 12. Article 2, Zoning Districts, Section 2-1302, Table 2-1302 "IRT" Minimum Standard Development, is amended as follows: Section 2-1302. Minimum standard development. The following uses are Level One permitted uses in the Industrial Research and Technology IIRT" District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-1302. IIRT" District Minimum standard Development Uses Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Area (sq. (ft.) Parking ft.) Front Sidel Rear Accessory Dwellings 5,000 50 20 15 50 1/unit Governmental Uses( 1) 20,000 200 20 15 50 3/1,000 SF GFA Manufacturing 20,000 200 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 311,000 SF GFA Outdoor Storage nla nla nla nla nla nla (accessory use) (2) Parks and Recreation nla nla 25 10/20 50 1 per 20,000 SF Facilities land area or as determined by the community development coordinator based on the ITE Manual standards Research and 20,000 200 20 15 50 2/1,000 SF GFA Technoloav Restaurants(3) 10,000 200 20 15 50 15 soaces oer 1 000 SF GFA Self storage 20,000 200 20 15 50 1 per 20 units plus 2 for manaaer's office TVIRadio Studios 20,000 200 20 15 50 411000 SF GFA Vehicle Service 20,000 200 20 15 50 1.5/1,000 SF GFA WholesalelDistribution 20,000 200 20 15 50 1.5/1,000 SF I Warehouse Facilitv GFA ----- (3) Restaurants that are accessorv or incidental to anv permitted use will not reQuire Flexible Standard Development application for review. Restaurants located in the IL future land use cateoorv shall not exceed two and one half acres. Anv such use. alone or when added to contiouous like uses which exceed two and one half acres shall reQuire a land use plan amendment to the appropriate cateoory which shall indude such use and all contiouous like uses. Restaurants located in the IG future land use cateoory shall be allowed onlv as an accessory use. located within the structure to which it is accessory. and shall not exceed twenty-five (25) percent of the floor area of the principal use to which 22 Ordinance No. 7605-06 it is accessory. Section 13. Article 2, Zoning Districts, Section 2-1303, Table 2-1303 "IRT' Flexible Standard Development, is amended as follows: Section 2-1303. Flexible standard development. The following uses are Level One permitted uses in the IRT District subject to the standards and criteria set out in this Section and other applicable provisions of Article 3. Table 2-1303. "IRT' District Flexible Standard Development Uses Min. Lot Min. Lot Min. Setbacks (ft.) Max. Height (ft.) Min. Off-street Area (sq. Width (ft.) Parking ft. ) Front* Side/ Rear Automobile Service 20,000 100 20 15 30 4/1000 SF GFA Stations Maior Vehicle Service 20,000 100 20 15 30 4/1000 SF GFA Manufacturing 10,000 100 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA Outdoor 40,000 200 20 15 30 1-10/1,000 SF RecreationlEntertainment Land Area or as determined by the community development coordinator based on ITE Manual standards Outdoor storaQe 10,000 100 20 15 30 3/1,000 SF GFA ParkinQ Lots 10,000 100 20 15 nla nla Public Facilities 10,000 100 20 15 50 1-2 per 1,000 GFA Public Transportation nla nla nla nla 10 nla Facilities(1 ) Research and Technology 10,000 100 20 15 50 2/1,000 SF GFA Residential Shelters(2) 5,000 50 20 15 30 3/1,000 SF GFA Retail Sales and Services nla n!a nla nla nla nla Restaurants@ flicK5.000 - Ala 50 -1 00 Ala 20 Ala 15 Ala 30 Ala 7-15 soaces 10 000 oer 1 000 GFA Self storage 10,000 100 20 15 50 1 per 20-25 units plus 2 for manaQer's office TV IRadio studios 10,000 100 20 15 50 4/1000 SF GFA Utilityll nfrastructure nla nla 20 15 nla nla Facilities(3) Vehicle SaleslDisplays and 40,000 200 20 15 30 1.511,000 SF Lot Major Vehicle Sales Area SaleslDisolavs( 4) Vehicle Service 10,000 100 20 15 50 1.5/1,000 SF GFA Veterinary Offices or 10,000 100 20 15 30 5/1,000 SF GFA Animal Groomina Wholesale/Distribution! 10,000 100 20 15 50 1.511,000 SF Warehouse Facility GFA 23 Ordinance No. 7605-06 *********** (5) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Restaurants located in the IL future land use cateaory shall not exceed two and one half acres. Any such use. alone or when added to contiauous like uses which exceed two and one half acres shall require a land use plan amendment to the appropriate cateaory which shall include such use and all contiauous like uses. Restaurants located in the IG future land use cateaory shall be allowed only as an accessory use. located within the structure to which it is accessory. and shall not exceed twenty-five (25) percent of the floor area of the principal use to which it is accessory. Section 14. Article 2, Zoning Districts, Section 2-1303, Flexible Standard Development, is amended as follows: Flexibility criteria: *********** M. Restaurants. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. The use of the parcel proposed for development will not involve direct access to a major arterial street; J:- The restaurant is located in a building used for a minimum standard use in the district and the restaurant occupies no more than ten percent of the floor area of the building; 4:- The restaurant is of a design and character that it will primarily serve the employeos or patrons of minimum standard uses in the district; a 3. Off-street parking: ~ The physical characteristics of a proposed multiple tenant building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or any parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14. 24 Ordinance No. 7605-06 &:- .~cijacent land uses ~ of a nature that there is a high probability that patrons ,-viii use modes of transportation other than the automobile to access the use; +-. 4. Fast food restaurants shall not be eligible for a reduction in the number of off-street parking spaces. 5. Lot area and width: The parcel proposed for development was an existino lot of less than 10.000 SQuare feet and was not in common ownership with any contiouous property on May 1. 1998 or the reduction in lot area will not result in a buildino which is out of scale with existina buildinas in the immediate vicinity of the parcel proposed for development: Section 15. Article 2, Zoning Districts, Section 2-1304, Table 2-1304 "IRT" Flexible Development Standards, is amended as follows: Section 2-1304. Flexible development. The following uses are Level Two permitted uses in the Industrial, Research and Technology "IRT" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-1304. "IRT' District Flexible Development Uses Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height (ft.) Min. Off-street (SQ. ft.) (ft. ) Parking Front* SidelRear Adult Uses(1) 10,000 100 20 15 30 511,000 SF GFA Comprehensive Infill nla nla nla nla nla Determined by Redevelopment the community Project~ development director based on the specific use andlor ITE Manual standards Nightclubs(36,) 10,000 100 20 15 30 15/1,000 SF GFA Offices 10,000 100 20 15 30 3/1,000 SF GFA Overnight 40,000 200 20 15 50 1/UNIT Accommodations( 4 3) Salvage Yards 40,000 200 20 15 30 1/200 SF of office space Self storage 20,000 100 20 15 30 1 per 20-25 units plus 2 for manager's office Social/Public 10,000 100 20 15 30 3/1,000 SF GFA Service Agencies(~) 25 Ordinance No. 7605-06 Telecommunication 10,000 Towers 50 25a 10/20 Refer to Section n/a 3-2001 *********** (2) My use proposed for a Comprehensive Intill Rede~lelopment Project shall be permitted by the underlying Future Land Use Plan Map designation. (3~) Nightclubs shall not exceed five acres in area in the Industrial Limited land use plan map category or exceed 25 percent of a project in the Industrial General land use plan map category. (~) Overnight accommodations shall not exceed five acres in the Industrial Limited land use plan map category or exceed 25 percent of a project area in the Industrial General land use plan map category. (~) Social/public service agencies shall not exceed five acres. """A""A__ Section 16. Article 2, Zoning Districts, Section 2-1304.C. "Comprehensive intill redevelopment projects", Flexibility criteria,is amended as follows: c. Comprehensive intill redevelopment projects. 1. The de'Jelopment or redevelopment of the parcel proposed for de~lelopment is othet'\&.~ise impractical without de~.~iations from one or mora of the following: use; intensity; other development standards; 2. The de'Jelopment of the parcel proposed for de'.<elopment as a comprehensive infill redevelopment project will not reduce the fair market value of abutting properties; 3. The uses '.\'ithin the comprehensive infill redevelopment project are othem,~ise permitted in the City of Clearwater; '1. The uses or mix of uses within the comprohensive infill redevelopment project am compatible ':.<ith adjacent land uses; 5. The development Of the parcel proposed for de'.'elopment as an comprehensi'le infill redevelopmeAt project '.viii upgrade the immediate '/icinity of the parcel proposed for de'/elopment; 6. The design of the proposed comprehensive infill rede'.~lopment project creates a form and function '.\tlich enhances the community 26 Ordinance No. 7605-06 character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; 7. Flexibility in regard to lot '....idth, required setbacks, height and off street parking ar-e justified by the benefits to community character and the immediate ':icini~f of the parcel proposed for development and the City of Clearv:ater as a whole; 8. Adequate off street park~ng in the immediate vicinity according to the shared parking formula in Oi'.'ision 14 of Article 3 wm be a':ailable to avoid on street parking in the immediate vicinity of the parcel proposed for development; 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zonina district: 2. The development or redevelopment will be consistent with the aoals and policies of the Comprehensive Plan. as well as with the aeneral purpose. intent and basic plannina obiectives of this Code. and with the intent and purpose of this zonina district; 3. The development or redevelopment will not impede the normal and orderly development and improvement of surroundina properties: 4. Adioininq properties will not suffer substantial detriment as a result of the proposed development: 5. The proposed use shall otherwise be permitted by the underlYina future land use cateaorv. be compatible with adjacent land uses. will not substantially alter the essential use characteristics of the neiahborhood: and shall demonstrate compliance with one or more of the followina objectives: a. The proposed use is permitted in this zonina district as a minimum standard. flexible standard or flexible development use: b. The proposed use would be a sianificant economic contributor to the City's economic base bv diversifyina the local economy or bv creatina jobs: c. The development proposal accommodates the expansion or redevelopment of an existina economic contributor; d. The proposed use provides for the provision of affordable housing: 27 Ordinance No. 7605-06 e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning desiqnation; or f. The proposed use provides for the development of a new. and/or preservation of a working waterfront use. 6. Flexibility with regard to use. lot width. required setbacks, height and off-street parking are iustified based on demonstrated compliance with all of the following design obiectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district: b. The proposed development complies with applicable design quidelines adopted by the City; c. The design, scale and intensitv of the proposed development supports the established or emerginq character of an area: d. In order to form a cohesive. visually interestinq and attractive appearance. the proposed development incorporates a substantial number of the following design elements: . Chanaes in horizontal buildinq planes: . Use of architectural details such as cornices. strinacourses, pilasters, balconies. railings. awninqs. etc.: . Variety in materials. colors and textures: . Distinctive fenestration pattems: . Buildinq stepbacks: and . Distinctive roofs forms. columns, porticos. e. The proposed development provides for appropriate buffers. enhanced landscape desiqn and appropriate distances between buildings. AAAAAllA__ 28 Ordinance No. 7605-06 Section 17. Article 2, Zoning Districts, Open Space/Recreation District COSR"), Section 2-1404 Flexible development, is amended as follows: Section 2-1404 Flexible development. Tab/e 2-1404. "OSR" District F/exible Development Standards Table 2-1404. "OSR" District Flexible StaA~arG Development Standards Use Min. Lot Size Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street (SQ. ft.) (ft. ) (ft.) Parking Front Side Rear Comprehensive n1a nla nla nla nla nla Determined by Infill the community Redevelopment development Project(41 coordinator based on the specific use andlor ITE Manual standards f11 Any use approved for a Comprehensive Inf411 Redevelopment Project shall be permitted by the underlying Future land Use Plan Map designation. Section 18. Article 2, Zoning Districts, Section 2-1404.A, Open Space/Recreation District ("OSR"), Flexible development, Flexibility criteria, is amended as follows: A. Comprehensive inti/! redevelopment projects. 1. The development or redevelopment of the parcel proposed for development is other\\'ise impractical without deviations from one or more of the follCYlnng: use; intensity; other development standaf'ds; 2. The development of the parcel proposed for development as a comprehensive infill rede'.'elopment Ji)roject '....iI! not reduce the fair market value of abutting properties; 3. The uses '::ithin the comprehensi':e infill redevelopment project are othelv.<ise permitted in the City of Clearwater; 4. The uses or mix of uses '....ithin the comprehensive infill redevelopment project are compatible with adjacent land uses; 5. The de\'elopment of the parcel proposed for development as an comprehensive infil! rede':elopmont projeot will upgrado the immediate vicinity of the parcel proposed for c;levelopment; 29 Ordinance No. 7605-06 6. The design of the proposed comprehensive infill rede':elopment project creates a form and function which enhances the community character of the immediate '.'icinity of the parcel proposed for development and the City of Clearwater as a '.\'hole; 7. FI9*ibility in regard to lot width, required setbacks, height and off street parking am justified by the benefits to comml..lnity character and the immediate vicinlty of the parcel proposed for development and the City of Clearwater as a ':Jhole; and 8. Adequate off street parking in the immediate vicinity according to the shared parking formula in Division 11 of Article 3 \..~" be available to avoid on stfeet parking in the immediate '/icinity of the parcel proposed for development; 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district: 2. The development or redevelopment will be consistent with the aoals and policies of the Comprehensive Plan. as well as with the aeneral purpose. intent and basic planning obiectives of this Code. and with the intent and purpose of this zonina district: 3. The development or redevelopment will not impede the normal and orderly development and improvement of surroundina properties: 4. Adioininq properties will not suffer substantial detriment as a result of the proposed development: 5. The proposed use shall otherwise be permitted by the underlvina future land use category. be compatible with adiacent land uses. will not substantially alter the essential use characteristics of the neiahborhood: and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zonina district as a minimum standard. flexible standard or flexible development use: b. The proposed use would be a significant economic contributor to the City's economic base by diversifyina the local economv or by creating iobs: c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor: 30 Ordinance No. 7605-06 d. The proposed use provides for the provision of affordable housina: e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezonina would result in a spot land use or zonina desi~nation: or f. The proposed use provides for the development of a new. and/or preservation of a workinq waterfront use. 6. Flexibility with reoard to use. lot width. reQuired setbacks. heiqht and off-street parkino are iustified based on demonstrated compliance with all of the followina desion obiectives: a. The proposed development will not impede the normal and orderly development and improvement of the surroundino properties for uses permitted in this zoninq district: b. The proposed development complies with applicable desiqn ouidelines adopted by the City: c. The desion. scale and intensity of the proposed development supports the established or emeroinq character of an area: d. In order to form a cohesive. visually interestina and attractive appearance. the proposed development incorporates a substantial number of the followino desiqn elements: . Chanqes in horizontal buildina planes: . Use of architectural details such as columns. cornices. strinocourses. pilasters. porticos. balconies. railinqs. awninos. etc.: . Variety in materials. colors and textures: . Distinctive fenestration patterns: . Buildina stepbacks: and . Distinctive roofs forms. e. The proposed development provides for appropriate buffers. enhanced landscape desion and appropriate distances between buildinqs. 31 Ordinance No. 7605-06 Section 19. Article 2, Zoning Districts, Section 2-103, Table 2-103 "LDR" District Flexible Standard Development, is amended as follows: Section 2-103. Flexible standard development. The following Level One uses are permitted in the LDR District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-103. "LOR" District Flexible Standard Development Use Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-street (sq. ft.) (ft.) (ft.) Parking Front Side Rear(1 ) Detached 10,000- 50-100 25 5-15 5-25 30 21unit Dwellings 20,000 Residentiallnfill nla nla 10-25 0-15 0-25 30 ~ 61unit Project(3) Utilityl nla nla 25 15 25 nla nla Infrastructure Facilities(2) ."'" "* " " "'*- Section 20. Article 2, Zoning Districts, Section 2-104, Table 2-104 "LDR" District Flexible Development Standards, is amended as follows: Section 2-104. Flexible development. The following Level Two uses are permitted in the LDR District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-104. "LOR" District Flexible Development standards Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-street Area (sq. (ft.) (ft. ) Parking ft. ) Front Side Rear(1 ) Attached 10,000 100 25 10 15 30 21unit Dwellings Overnight 20,000 100 25 15 25 30 1/unit Accommodations Parks and nla nla 35 20 25 30 1 per 20,000 Recreation SF land area Facilities or as determined by the community development director based onthelTE Manual standards Residential nla nla 10-25 0-15 0-15 30 ~ 61unit Infill(2) Schools 40,000 200 25 15 25 30 1/3 students 32 Ordinance No. 7605-06 *********- Section 21. Article 2, Zoning Districts, Section 2-203, Table 2-203 "LMDR" District Flexible Standard Development, is amended as follows: Section 2-203. Flexible standard development. The following Level One uses are permitted in the LMDR District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-203. "LMDR" District Flexible Standard Development Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-street Size (sq. (ft.) (ft. ) Parking ft. ) Front Side Rear(1 ) Attached Dwellinas 10,000 100 25 10 15 30 21unit Detached Dwellings, 5,000 50 15-25 5 5-15 30 21unit Residentiallnfill n/a n/a 10-25 0-5 0-15 30 4- 21unit Proiects(3) Utility/lnfrastructure nla nla 25 10 15 nla n/a Facilities(2) "''''''' .1.1..\1,__ Section 22. Article 2, Zoning Districts, Section 2-204, Table 2-204 "LMDR" District Flexible Development Standards, is amended as follows: Section 2-204. Flexible development. The following Level Two uses are permitted in the LMDR District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. Table 2-204. "LMDR" District Flexible Develooment Use Min. Lot Size Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street (SQ. ft.) (ft. ) (ft. ) Parkina Front Side Rear(1 ) Attached 10,000 100 25 5 15 30 21unit Dwellinas Detached 3,000- 5,000 25-50 15-25 2-5 5-15 30 21unit Dwellinas Non- nla nla 25 10 10 nla nla Residential Off-Street Parking 33 Ordinance No. 7605-06 Parks and nla nla 35 20 25 30 1 per 20,000 Recreation SF land area Facilities or as determined by the community development director based on ITE Manual standards Residential nla nla 10-25 0-5 0-15 30 4- 61unit Infill Proiects(2) Schools 40,000 200 35 25 15 30 1/3 students ---- Section 23. Article 2, Zoning Districts, Section 2-304, Table 2-304 "MDR District Flexible Standard Development, is amended as follows: Section 2-304. Flexible development. The following Level Two uses are permitted in the MDR District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-304. "MDR" District Flexible Development Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-street Area (sq. (ft.) (ft.) Parking ft. ) Front Side Rear(1 ) Assisted Living 20,000 100 25 5 10 30-50 1 per 2 Facilities residents Attached 10,000 100 25 5 10 30-SO 2/unit Dwellings Congregate Care 20,000 100 25 5 10 30-50 1 per 2 residents Non-Residential nla nla 25 5 10 nla nla Off-Street Parkina Overnight 20,000 100 25 5 10 30-50 1/unit Accommodations Parks and nla nla 35 20 25 30 1 per 20,000 Recreational SF land area Facilities or as determined by the community development director based on ITE Manual standards Residentiallnfill nla nla 10--25 0-5 0-10 30-50 4- 61unit Proiects(2) ***---- 34 Ordinance No. 7605-06 Section 24. Article 2, Zoning Districts, Section 2-404, Table 2-404 "MHDR District Flexible Standard Development, is amended as follows: 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 Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Area (sq. (ft.) (ft. ) Parking ft.) Front Side Rear(1 ) Attached 15,000 150 15-25 0-10 10-15 30-50 2/unit Dwellinas Congregate Care 15,000 150 25 10 15 30 1 per 2 residents Non-Residential nla nla 25 5 10 nla nla Off-Street Parkina(2) Overnight 15,000 150 15-25 0--10 10-15 30 1/unit Accommodations Parks and nla nla 35 20 25 30 1 per 20,000 recreation SF land area facilities or as determined by the community development coordinator based on the ITE Manual standards Residentiallnfill nla nla 10-25 0-10 0-15 30 ~ 21unit Proiects(3) Residential 15,000 150 25 10 15 30 2/1,000 GFA Shelters ***---- Section 25. Article 3, Development Standards, Section 3-1403. B, Parking lot surfaces, is amended as follows: B. Grass surface. AAA,U.AIlA.tAA ~ The City ManaQer or the Community Development Coordinator may permit parkina on the arass or other permeable surface for public purpose needs. ***.tAAAA.tAA 35 Ordinance No. 7605-06 Section 26. Article 3, Development Standards, Section 3-1407.A, Parking restrictions in residential areas, is amended as follows: ...".."..",,- 2. Between principal structure and right-of-way. The following vehicles shall not be parked or stored, in whole or in part, between any portion of the principal structure and any right-of.way line in a residential zoning district UP to a maximum of two frontaqes: ----- 4. Exception to prohibition of parking on unpaved areas on sinale familv and duolex residential orooertv. One designated parking space may be located on the grass in a required front setback adjacent to and parallel to the driveway located on the property. Access to such designated parking space shall be by way of the property's driveway. If the designated parking space can not be maintained as a landscaped arass area and is either reported by neighboring residents as a detrimental property or is identified by any code inspector as in violation of this provision, such designated parking area shall be filled in, by the property owner, with pavers, concrete, turf block or asphalt, or other approved suitable parking material. Materials not permitted include crushed shell. mulch. millinas or similar material. "***iI<iI<iI<,,*** Section 27. Article 3, Development Standards, Section 3-1503.8. Nuisances is amended as follows: *********** 14. Graffiti. Graffiti on any wall. post. column. or other buildina or structure. or to a tree. or other exterior surface. publicly or privately owned. within the City of Clearwater. Section 28. Article 3, Development Standards, Section 3-1507. Inoperative vehicles on public property, is amended as follows: ---- B. This section may be enforced by any law enforcement officer, traffic infraction officer, or code enforcement inspector certified as a parking enforcement specialist. A law enforcement officer, traffic enforcement officer or code enforcement officer inspector certified as a parking enforcement specialist is authorized to remove, have removed, or impounded any inoperative vehicle which reasonably appears to be in violation of this section. Any law enforcement officer, traffic infraction enforcement officer, or code enforcement officer inspector who intends to remove, have removed, or impounded any inoperative vehicle 36 Ordinance No. 7605-06 '" under this section shall comply with the procedures provided for in F.S. Ch. 705, as that chapter relates to the impounding of property located on public property. Traffic infraction enforcement officers and code enforcement inspectors are hereby authorized and designated by the city to administer the provisions of F.S. Ch. 705, as they relate to lost, abandoned or inoperative vehicles. Section 29. Article 8, Definitions and Rules of Construction, Section 8- 102, Definitions, is amended as follows: *********** Community development coordinator means the director of the department at responsible for the community development and redevelopment plannina functions of the city, or any person designated to act on behalf of the director. ***---- Retail sales and services means a building, property, or activity the principle use or purpose of which is the sale or lease of goods, products, materials, or services directly to the consumer, including financial institutions, grocery stores, adult day care, child care, personal services, funeral homes, art galleries, artisans, farmer markets, social and community centers, veterinary offices and animal boarding without outdoor cages, runs or pens and including the sale of alcoholic beverages for off-premises consumption provided that the sale of alcoholic beverages is subordinate to the principal use and display of alcoholic beverages occupies less than 25 percent of the floor area of the use. Not including problematic uses, street vendors or the on-premise consumption of alcoholic beverages. Section 30. Article 3, Development Standards, Section 3-910. Color, is amended as follows: No building. or its proiections and attachments. such as any siqn or awnina. shall be painted or otherwise finished with a predominant color which is garish, gaudy, loud, excessive, ostentatious or otherwise constitutes a glaring and unattractive contrast to surrounding buildings. Section 31. Amendments to the Land Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 32. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. Section 33. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the 37 Ordinance No. 7605-06 ~ ... validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 34. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 35. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Cynthia E. Goudeau City Clerk Leslie Dougall-Sides Assistant City Attorney 38 Ordinance No. 7605-06 ----- CA- I City Council Cover Memorandum to. I Tracking Number: 1,996 Actual Date: 04/06/2006 Subject / Recommendation: Adopt Ordinance 7546-06 on second reading, making amendments to Beach by Design by amending Section II, Future Land Use, Subsection A, the "Old Florida" District; by amending Section II, Future Land Use, Subsection C, Marina Residential District; and by amending Sections V.B and VILA. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 03/04/2005 Financial Information: Review Approval Pam Akin 03-13-2006 11:15:15 Cvndie Goudeau 03-23-2006 16:53:56 ~s;,s~A ORDINANCE NO. 7546-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO BEACH BY DESIGN: A PRELIMINARY DESIGN FOR CLEARWATER BEACH AND DESIGN GUIDELINES; BY AMENDING SECTION II. FUTURE LAND USE, SUBSECTION A. THE "OLD FLORIDA" DISTRICT BY REVISING THE USES, BUILDING HEIGHTS, STEPBACKS, SETBACKS, LANDSCAPING AND PARKING ACCESS ALLOWED IN THE DISTRICT; BY AMENDING SECTION II. FUTURE LAND USE, SUBSECTION C. MARINA RESIDENTIAL DISTRICT BY DELETING THE REFERENCE TO A L1VEIWORK PRODUCT; BY AMENDING SECTIONS V.B AND VILA BY CLARIFYING TRANSFER OF DEVELOPMENT RIGHT PROVISIONS; BY INCREASING ALLOWABLE RESORT/ OVERNIGHT ACCOMMODATIONS DENSITY FROM 40 TO 50 UNITS PER ACRE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the economic vitality of Clearwater Beach is a major contributor to the economic health of the City overall; and WHEREAS, the public infrastructure and private improvements of Clearwater Beach are a critical part contributing to the economic vitality of the Beach; and WHEREAS, substantial improvements and upgrades to both the public infrastructure and private improvements are necessary to improve the tourist appeal and citizen enjoyment of the Beach; and WHEREAS, the City of Clearwater has invested significant time and resources in studying the Old Florida District of Clearwater Beach; and WHEREAS, Beach by Design, the special area plan governing Clearwater Beach, contains specific development standards and design guidelines for areas of Clearwater Beach that need to be improved and/or redeveloped; and WHEREAS, Beach by Design was not clear with regard to the "preferred uses" and was not reflective of the existing uses located in the Old Florida District of Clearwater Beach,and WHEREAS, Beach by Design limited overnight accommodations greater than the Comprehensive Plan and the City of Clearwater desires to incentivize new overnight accommodation development; and WHEREAS, Transfer of Development Rights (TDR) need further clarification in Beach by Design; and Ordinance No. 7546-06 1 WHEREAS, the City of Clearwater has the authority pursuant to Rules Governing the Administration of the Countywide Future Land Use Plan, as amended, Section 2.3.3.8.4, to adopt and enforce a specific plan for redevelopment in accordance with the Community Redevelopment District plan category, and said Section requires that a special area plan therefore be approved by the local government; and WHEREAS, the proposed amendment to Beach by Design has been submitted to the Community Development Board acting as the Local Planning Authority (LPA) for the City of Clearwater; and WHEREAS, the Local Planning Agency (LPA) for the City of Clearwater held a duly noticed public hearing and found that amendments to Beach by Design are consistent with the Clearwater Comprehensive Plan; and WHEREAS, Beach by Design was originally adopted on February 15, 2001 and subsequently amended on December 13, 2001, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section II. Future Land Use, Subsection A. The "Old Florida" District, is amended as follows: A. The "Old Florida" District The Old Florida District, which is the area between /\c~ci~ the rear lot lines of property on the north side of Somerset Street and Rockaway Street. is an area of transition between resort uses in Central Beach to the low intensity residential neighborhoods to the north of Acacia Street. Existing uses are generally the same as the balanoe of the Be~ch. Ho~^,ever, the sc~le 3nd intensity of the 3m3, with ml3tively fO'.\I exceptions, is substantially less than comparable areas to the south. The mix of uses primarily includes residential. recreational, overniqht accommodations and institutional uses. Given the area's location and historical development patterns. this area should continue to be a transitional District. To that end, Beach by DesiQn supports the development of new overniqht accommodations and attached dwellinqs throuqhout the District with limited retail/commercial and mixed use development frontinq Mandalay Avenue between Bay Esplanade and Somerset Street. Additionally waterfront restaurants are encouraQed to remain and/or locate on property frontina the Gulf of Mexico. Beach by DesiQn also supports the continued use and expansion of the various institutional and public uses found throuqhout the District. To ensure that the scale and character of development in Old Florida provides the desired transition between the adiacent tourist and residential areas, enhanced site desiqn performance is a priority. Beach by Desiqn contemplates Qreater setbacks and/or buildinq stepbacks and enhanced landscapinQ for buildinas exceedinq 35 feet in Ordinance No. 7546-06 2 heiqht. The followinq requirements shall apply to development in the Old Florida District and shall supersede any conflictinq statements in Section VII. Desiqn Guidelines and the Community Development Code: 1. Maximum Buildinq Heiahts. a. Buildinqs located on the north side of Somerset Street shall be permitted a maximum buildinq heiqht of 35 feet: b. Buildinqs located on the south side of Somerset Street and within 60 feet of the southerly riqht-of-way line of Somerset Street shall be permitted a maximum buildina heiqht of 50 feet: and c. Property throuqhout the remainder of the Old Florida District shall be permitted a maximum buildinq heiqht of 65 feet for attached dwellinqs and 75 feet for overniqht accommodations. d. Properties leqally approved and/or constructed as of the date of adoption of this ordinance which exceed the allowable heiqhts established in the provisions above, shall be considered leqally conforminq unless voluntarily redeveloped or in the case of a development order only. expiration of the valid development order. A development order may be extended pursuant to Community Development Code Section 4-407. 2. Minimum Required Setbacks. a. A 15 foot front setback shall be required for all properties throuqhout the District, except for properties frontinq on Mandalay Avenue, which may have a zero (0) foot front setback for 80% of the property line: and b. A ten (10) foot side and rear setback shall be required for all properties throuqhout the District, except for properties frontinq on Mandalay Avenue, which may have a zero (0) foot side setback and a ten (10) foot rear setback. 3. Required Buildinq Stepbacks or Alternative Increased Setbacks for Buildinqs Exceedinq 35 Feet in Heiqht. a. Buildinq stepback means a horizontal shiftinq of the buildinq massinq towards the center of the buildinq. Ordinance No. 7546-06 3 b. Any development exceedina 35 feet in heiQht shall be reauired to incorporate a buildinq step back on at least one side of the buildina (at a point of 35 feet) or an increased setback on at least one side of the buildinq in compliance with the ratios provided in Section A.3.f. Additional stepbacks and/or setbacks may be reauired to provide additional separation between buildinQs and/or to enhance view corridors. c. All properties (except those frontina on Mandalay Avenue) which front on a riQht-of-way that runs east and west, shall provide a buildinQ step back on the front side of the buildinq, or an increased front setback in compliance with the ratios provided in Section A.3.f. Additional stepbacks and/or setbacks may be reauired to provide additional separation between buildinqs and/or to enhance view corridors. d. All properties (except for properties frontina on Mandalay Avenue) which front on a riaht-of-way that runs north and south. shall provide a buildina stepback on the side of the buildinQ or an increased side setback in compliance with the ratios provided in Section A.3.f. Additional stepbacks and/or setbacks may be reauired to provide additional separation between buildinQs and/or to enhance view corridors. e. Properties frontinQ on Mandalay Avenue must provide a buildinQ stepback on the front side of the buildina or an increased front setback in compliance with the ratios provided in Section A.3.f. Additional stepbacks and/or setbacks may be reauired to provide additional separation between buildinQs and/or to enhance view corridors. f. StepbacklSetback Ratios (1) For properties frontinQ on streets that have a riQht-of-way width less than 46 feet, the stepbacklsetbacklheiQht ratio is one (1) foot for every two (2) feet in buildina height above 35 feet: (2) For properties frontina on streets that have a riqht-of-wav width between 46 and 66 feet, the stepback or setbacklheiaht ratio is one (1) foot for every two and one-half (2.5) feet in buildina height above 35 feet: and (3) For properties frontinQ on streets that have a riQht-of-way width of qreater than 66 feet, the step back or setbacklheiqht ratio is one (1) foot for every three (3) feet in buildina heiaht above 35 feet. Ordinance No. 7546-06 4 4. Flexibility of Setbacks/Stepbacks for Buildinqs in Excess of 35 Feet in Heiqht. a. Setbacks (1) Except for properties frontinq on Mandalay Avenue. a maximum reduction of five (5) feet from any required setback may be possible if the decreased setback results in an improved site plan, landscapina areas in excess of the minimum reauired and/or improved desian and appearance: and (2) To ensure that unimpaired access to mechanical features of a buildinq is maintained, a minimum five (5) foot unobstructed access must be provided alonq the entire side setback of properties, except those for those properties frontinq on Mandalay Avenue where a zero (0) foot setback is permissible: and (3) Setbacks can be decreased at a rate of one (1) foot in required setback per two (2) feet in additional reauired stepback. if desired. b. Stepbacks (1) A maximum reduction of five (5) feet from any required buildinq stepback may be possible if the decreased buildinq stepback results in an improved site plan. landscapinq areas in excess of the minimum required and/or improved desiQn and appearance. (2) Buildinq stepbacks can be decreased at a rate of two (2) feet in stepback per one (1) foot in additional required setback, if desired. 5. Flexibility of Setbacks for Buildinqs 35 Feet and Below in Heiqht. a. A maximum reduction often (10) feet from any reauired front er rear setback and a maximum reduction of five (5) feet from any side setback may be possible if the decreased setback results in an improved site plan. landscapinq areas in excess of the minimum required and/or improved desiqn and appearance: and b. A maximum reduction of five (5) feet from any required rear setback for buildinqs and a maximum reduction of ten (10) feet from any required rear setback for accessory at-arade structures may be possible if the decreased setback results in an improved site plan, landscapinq areas in excess of the minimum required and/or improved desiqn and appearance: and Ordinance No. 7546-06 5 c. In all cases. a minimum five (5) foot unobstructed access must be provided alono the side setback of properties. except for those properties frontino Mandalav Avenue where a zero (0) foot setback is permissible. 6. Landscape Buffers a. A ten (10) foot landscape buffer is required alonq the street frontaoe of all properties. except for that portion of a property frontina on Mandalav Avenuei, and except for properties 35 feet and below in heiqht that may be oranted f1exibilitv in the required setback. in which case the entire setback shall be landscaped: and b. For that portion of a property frontino on Mandalav Avenue. a zero (0) foot setback may be permissible for 80% of the property frontaoe. The remainino 20% property frontaoe is required to have a landscaped area for a minimum of five (5) feet in depth. The 20% may be located in several different locations on the property frontaqe. rather than placed in onlv one location on the property frontaoe. 7. ParkinoNehicular Access Lack of parkino in the Old Florida District may hinder revitalization efforts. A shared parkina strateav may be pursued in order to assist in redevelopment efforts. For those properties frontino on Mandalav Avenue. off-street parkino access is reauired from a side street or allev and not from Mandalav Avenue. Tho mix of usos in the District favors residential more than othor parts of Clearwater Beach and retail usos are primarily neiohborhood sorvinq usos. Givon the area's location and existino conditions. Boach bv Desiqn contemplates the renovation and revitalization of existina improvements '.vith limited new construction 'Nhore renovation is not practical. No'.\' sinolo f-3milv d'Nollinos and townhouses are the preferred form of development. Densitios in the aroa should bo qonorallv limitod to tho donsity of oxictinq improvomonts and buildinq hoiqht should be 1m\! to mid rise in accordance with the Communitv Devolopment Code. Lack of parkino in this area ma',' hinder revitalization of oxistina improvomonts particularl',' on Bay Esplanade. ^ shared parkina strateqy should bo pursuod in ardor to assist revitalizations offorts. *********** Section 2. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section II. Future Land Use, Subsection C. "Marina Residential" District, is amended as follows: ****** Ordinance No. 7546-06 6 In the event that lot consolidation under one owner does not occur, Beach by Design contemplates the City working with the District property owners to issue a request for proposal to redevelop the District in the consolidated manner identified above. If this approach does not generate the desired consolidation and redevelopment, Beach by Design calls for the City to initiate a City Marina DRI in order to facilitate development of a marina based neighborhood subject to property owner support. If lot consolidation does not occur within the District, the maximum permitted height of development east of East Shore will be restricted to two (2) stories above parking and between Poinsettia and East Shore could extend to four (4) stories above parking. An additional story could be gained in this area if the property \':as devoloped as a live/work product. ****** Section 3. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section V. Catalytic Projects, Subsection B. Community Redevelopment District Designation, is amended as follows: ****** Beach by Design recommends that the Comprehensive Plan of the City of Clearwater be amended to designate central Clearwater Beach (from the rear lot lines of property on the north side of Somerset Acacia Street to the Sand Key Bridge, excluding Devon Avenue and Bayside Drive) as a Community Redevelopment District and that this Chapter of Beach by Design be incorporated into the Comprehensive Plan and submitted for approval to the Pinellas County Planning Council (PPC) and the Pinellas County Commissioners sitting as the Countywide Planning Authority. In addition, Beach by Design recommends that the use of Transfer of Development Riqhts {TDRs) under the provisions of the Desian Guidelines contained in Section VIII of this Plan and the City's land development regulations be encouraged within the Community Redevelopment District to achieve the objectives of Beach by Design and the PPC Designation. Section 4. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section VII. Design Guidelines, Subsection A. Density, is amended as follows: A. Density The gross density of residential development shall not exceed 30 dwelling units per acre, unless additional density is transferred from other locations on Clearwater Beach. Ordinarily, resort density will be limited to 40 units per acre. However, additional density can be added to a resort either by transferred development rights or if by way of the provisions of the community redevelopment district (CRD) designation. Nonresidential donsity is limited by Pinellas County Planning Council intensity standards. Ordinance No. 7546-06 7 L The maximum permitted density of residential development shall be 30 dwellinq units per acre. Throuqh the use of transfer of development riQhts (TDRs) from other property located within the Clearwater Beach Community Redevelopment District. the maximum permitted density for residential development may be increased bv not more than 20 percent. Historicallv the maximum permitted density for overniQht accommodation uses has been 40 units per acre. In order to assist in the redevelopment of Clearwater Beach, the maximum permitted density in Beach bv Desiqn shall be 50 units per acre.* It also allows this maximum density of 50 units per acre to be exceeded throuqh the use of TDRs from other properties located within the Clearwater Beach Community Redevelopment District in compliance with the followina provisions: 1. The amount of TDRs used for resorts/overniQht accommodation proiects shall not be limited provided such projects can demonstrate compliance with the provisions of this Plan. the Community Development Code and concurrency requirements. 2. Any TDRs Qained from the additional 1 0 overniaht accommodation units per acre authorized bv this section of Beach by Desiqn shall only be used for overniqht accommodation uses. The conversion of such density to another use is prohibited. Beach bv DesiQn also supports the allocation of additional density for resort development throuQh the density pool established in Section V.s. of this Plan. The maximum permitted floor area ratio for nonresidential development is limited to 1.0 pursuant to the Pinellas County PlanninQ Council intensity standards. * When Beach bv Desian was oriainallv adopted. the allowable densitv for resorts/overniaht accommodations was 40 units per acre. That densitv was increased to 50 units per acre throuah Ordinance No. 7546-06. References to 40 units per acre are still evident in Section V.B. Communitv Redevelopment District Desianation and have not been chanaed because that was the densitv in place when the oriainal analvsis was conducted. Section 5. Beach by Design, as amended, contains specific development standards and design guidelines for areas of Clearwater Beach that are in addition to and supplement the Community Development Code; and Section 6. The City Manager or designee shall forward said plan to any agency required by law or rule to review or approve same; and Section 7. It is the intention of the City Council that this ordinance and plan and every provision thereof, shall be considered severable; and the invalidity of any section or provision of this ordinance shall not affect the validity of any other provision of this ordinance and plan; and Section 8. This ordinance shall take effect immediately upon adoption. Ordinance No. 7546-06 8 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7546-06 9 City Council _~%%",,,,,,%,,Ag,,~,~~~,,!?ver J~!tl!lo~.!~~ u m '.~,"'''''%~'''''',,,, C R- -d JO.d Tracking Number: 1,997 Actual Date: 04/06/2006 Subject / Recommendation: Adopt Ordinance 7582-06 on second reading, making amendments to the Community Development Code Section 4-608 "Neighborhood Conservation Overlay Districts" by revising the designation criteria, designation process and requirements of the Neighborhood Conservation Overlay District. Originating: City Attorney Section Second Readings - publiC hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 02/06/2006 03/20/2006 Financial Information: Review Approval Pam Akin 03-13-2006 11:16:17 Cvndie Goudeau 03-23-2006 16:54:50 L ORDINANCE NO. 7582-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE SECTION 4-608 "NEIGHBORHOOD CONSERVATION OVERLAY DISTRICTS" BY REVISING THE DESIGNATION CRITERIA, DESIGNATION PROCESS AND REQUIREMENTS OF THE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater desires to provide a means of ensuring that infill and redevelopment activities in existing residential neighborhoods or neighborhoods requiring special consideration are consistent with the protection of the existing character of the neighborhood; and WHEREAS, the City of Clearwater desires to provide more definitive guidance to the residents in applying for designation of Neighborhood Conservation Overlay Districts; and WHEREAS, the City of Clearwater desires to re-articulate the Designation Criteria, Designation Process, and Requirements of the Neighborhood Conservation Overlay District: now, therefore: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER FLORIDA: Section 1. Article 4, Development Review And Other Procedures, Section 4- 608.A Neighborhood Conservation Overlay Districts is amended as follows: A. Purpose. The purpose of the neighborhood conservation overlay district is to provide a means of ensuring that infill and redevelopment activities in existing, stable residential neighborhoods or neighborhoods requiring special consideration are consistent with the protection of the existing character of the neighborhood. This is accomplished by the neiqhborhood workinq with the City to develop a special area plan for the neiahborhood. which specifies development standards beyond those from the City's Community Development Code, that would otherwise apply. It is not a purpose of this section that the City would become, in any way, involved in the enforcement of neiqhborhood Deed Restrictions. Section 2. Article 4, Deyelopment Review And Other Procedures, Section 4- 608.B Neighborhood Conservation Overlay Districts are amended as follows: Ordinance No. 7582-06 B. Designation Criteria. The community development director shall be responsible for determining whether a neighborhood is eligible for Neighborhood Conservation Overlay District Designation based on the following criteria: ****** 4. There are no Any significant planned road improvements within the boundaries of the area proposed to be designated as a neighborhood conservation overlay district shall be acknowledqed by the neiqhborhood, and no amendments to the standards of this Development Code. nor any specified standards particular to this neiqhborhood conservation district shall conflict with those plans; and ******* Section 3. Article 4, Development Review And Other Procedures, Section 4- 608.D Neighborhood Conservation Overlay Districts are amended as follows: D. Designation process. 1. The process for the designation of a particular area as a neighborhood conservation district shall be commenced by a pre-application conference with the community development coordinator and initiated by a petition signed by the owners of at least 60 percent of the real property within the area proposed for designation as a neighborhood conservation district which shall be filed with the community development coordinator !n addition to the petition. a list of at least 11 persons who have aqreed to serve on a study committee, and proof of the existence. for at least the past 2 years. of an active homeowner's association with authority over the area proposed for desiqnation as a neiahborhood conservation district. ******** 4. When a neighborhood conservation study committee is appointed, the city manager shall initiate a minimum gO-day special area planning process for the area proposed for designation. The time frame set for the plan studv shall be reflective of the extent of the area under consideration and the complexity of the issues that may be addressed. The scope of the study shall be identified throuqh a ioint process involvinq the neiqhborhood services manaqer. community development coordinator and the leadership of the study committee. The study committee shall serve as an advisory body during the special area planning process and shall hold at least four public meetings during the process. The city manager shall provide staff assistance to the study committee and the study committee 2 Ordinance No. 7582-06 shall approve a special area plan including the goals, policies and objectives for the proposed neighborhood conservation district, a specification of the provisions of this development code which would otherwise be applicable which should be modified for the proposed neighborhood conservation district and a specification of additional development standards which are necessary and appropriate to protect the health, safety and welfare of the proposed neighborhood conservation district. The owners of real property within the proposed neighborhood conservation district shall vote on each development standard proposed to be included in the neighborhood conservation district. The format of the ballot and method of voting shall be approved by the community development coordinator. The results of the vote shall be provided to the community development board and the city commission to be considered when reviewing the proposed development standards. Each development standard forwarded for consideration shall have the support of at least 51 percent of the votes cast. Any costs associated with the conduct of such election shall be paid by the neighborhood. 5. Upon completion of a special area plan for a proposed neighborhood conservation district, the city manager shall prop3ro 3mondmonts to tho comprehensive pl3n 3nd 3 schedule the special area plan for the proposed neighborhood conservation overlay district for approval, as well as the necessary text amendments and zoninq atlas amendment, which are necessary and appropriate to implement the special area plan for the proposed neighborhood conservation district. 6. Tho proposed comprehonsivo pl3n 3mondmont, if 3ny, 3nd tho proposod noighborhood consorv3tion ovorl3Y district shall be considered by the city 3ccording to the requirements of section -1 603 of this development coda for comprehonsivo pl3n 3mondments, Section -1 601 for text 3mendmonts to the Community Development Code and section -1 602 for amendments to tho Zoning Atl3S. +- 6. In the event a neighborhood wants to amend the development standards established in a neighborhood conservation district or eliminate the neighborhood conservation district, a petition signed by the owners of at least 60 percent of the real property within the neighborhood conservation district shall be submitted to the community development coordinator. Along with the petitions, the neighborhood shall also submit the purpose of the amendment(s) and reason(s) why a neighborhood conservation district should be revised or eliminated. Within 30 days after receipt of such petition and explanation, the city manager shall submit a written recommendation to the commission as to whether the neighborhood conservation district amendment or elimination process should be commenced. Upon receipt of the recommendation of the city manager, the city commission shall consider the petition at a public meeting and determine whether to commence the amendment or elimination process. The amendment or deletion of the overlay district 3 Ordinance No. 7582-06 ..~ shall follow the same process and notice requirements as the original adoption. Section 4. 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: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk 4 Ordinance No. 7582-06 City Council Cover Memorandum ~A--3 10.3 Tracking Number: 1,998 Actual Date: 04/06/2006 Subject / Recommendation: Adopt Ordinance 7591-06 on second reading, annexing certain real property whose post office address is 1425 Regal Road 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: 03/25/2006 Financial Information: Review Approval Pam Akin 03-13-2006 11: 17:25 Cvndie Goudeau 03-23-2006 16:55:39 ORDINANCE NO. 7591-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED 445 FEET EAST OF SUNNY PARK ROAD AND 507 FEET WEST OF BRAUND STREET, CONSISTING OF LOT 19, SOLAR CREST SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1425 REGAL ROAD, 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 19, Solar Crest Subdivision, as recorded in Plat Book 36, Page 72, according to Public Records of Pinellas County, Florida (ANX2005-11037) 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. 7591-06 I "'- 1~75 r ~ __I . - , l ill lazeJ ,---, J I 1&87 ~ I J '--I I 1 J ....1 14~LJJ ltf9r-l I I-- I I L_J J -I J .. L__~82 :z: -.I LU o ~ LU r -:... 11 J 15~;!.J ,~ , 1~87 "1 l_S l I 1~tJ"" r -, 15p5 II L__J r, (_1 co 1 J ~ i I 158 .. 1- L J ~ ~92 L I I {594 I L I I 1"\.1 -1, ~ rl LI ~ ...._........J I I I L I ,__r1 I I I L"--,_ 1----(-1 I I I I I I I ~ , . I I I I J '--, , / \ / ~ ~ '-j r - J I I --I 1471 ,__JI I I I -----~ I I I I L__~-----.J i- .-- I I L____ r--' J I / \ / , / , I , I , I , ....... .t_.l ........-.--.,.... ,- I I I I I L_ to :t o '" ~ Proposed Annexation Map Owner David & Sandra Riedinger Site: 1425 Regal Road Land Use Zoning From RL (County) R-3 (County) To: RL (City) LMDR (City) Case: ANX2005-11037 Property Size (Acres): 0.175 PIN: 23-29- 15-83880-000-0 190 Atlas Page: 315A ~ o .. City Council Cover Memorandum c.A-A.f 10. t-..f Tracking Number: 1,999 Actual Date: 04/06/2006 Subject / Recommendation: Adopt Ordinance 7592-06 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 1425 Regal Road, 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: 03/25/2006 financial Information: Review Approval Pam Akin 03-13-2006 15:30:03 Cvndie Goudeau 03-23-2006 16:56:28 ORDINANCE NO. 7592-06 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 445 FEET EAST OF SUNNY PARK ROAD AND 507 FEET WEST OF BRAUND STREET, CONSISTING OF LOT 19, SOLAR CREST SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1425 REGAL ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Cateqorv Lot 19, Solar Crest Subdivision, as recorded in Plat Residential Low Book 36, Page 72, according to Public Records of Pine lias County, Florida (ANX2005-11037) 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. 7591-06. 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. 7592-06 lQ IJ JJ I~J LJ n INS I \ 7 ? ( v 141 143 8 0 bn U Future Land Use Plan Map Owner David & Sandra Riedinger Site: 1425 Regal Road Land Use Zoning From: RL (County) R-3 (County) To: RL (City) LMDR (City) Case: Property Size (Acres): PIN: -I 1471 ~Gl I L ANX2005-11037 0.175 23-29-15-83880-000-0190 Atlas Page: 315A City Council Cover Memorandum CA--S 10.5 Tracking Number: 2,000 Actual Date: 04/06/2006 Subject / Recommendation: Adopt Ordinance 7593-06 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 1425 Regal Road, 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 HearinQ: Yes Advertised Dates: 03/25/2006 financial Information: Review Approval Pam Akin 03-13-2006 15:31:03 Cvndie Goudeau 03-23-2006 16:57:27 ORDINANCE NO. 7593-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED 445 FEET EAST OF SUNNY PARK ROAD AND 507 FEET WEST OF BRAUND STREET, CONSISTING OF LOT 19, SOLAR CREST SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1425 REGAL ROAD, 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 19, Solar Crest Subdivision, as recorded in Plat Book 36, Page 72, according to Public Records of Pinellas County, Florida (ANX2005-11037) 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. 7591-06. 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. 7593-06 n \ > I 1471 J DL> tl ,.,., I [-.-J li~ 1~ -) 0 138U L?~3 141 143 J 2 c-.. 8 0 Zoning Map Owner David & Sandra Riedinger Case: ANX2005-11037 Site: 1425 Regal Road Property Size (Acres): 0.175 Land Use Zoning PIN: 23-29-15-83880-000-0190 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 315A ater City Council _~~gel'!"~,!!~ .ct!~~,!,*,~el1!"!?"!',!!"I'!"~,~,~.",,,,_,,, CA--b 10. b Tracking Number: 2,001 Actual Date: 04/06/2006 Subject / Recommendation: Adopt Ordinance 7594-06 on second reading, annexing certain real property whose post office address is 1604 North Betty Lane into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearinq: Yes Advertised Dates: 03/25/2006 Financial Information: Review Approval Pam Akin 03-13-2006 15:31 :44 Cvndie Goudeau 03-23-2006 17:04:32 ORDINANCE NO. 7594-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED 60 FEET NORTH OF WOODBINE STREET AND 171 FEET SOUTH OF PARKWOOD STREET, CONSISTING OF LOT 12, BLOCK B, STEVENSON'S HEIGHTS, WHOSE POST OFFICE ADDRESS IS 1604 NORTH BETTY LANE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 12, Block "B", Stevenson's Heights, according to the map or plat thereof, as recorded in Plat Book 34, Page 13, Public Records of Pinellas County, Florida (ANX200511038) 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. 7594-06 '.....v/ ....., I, , ,.I ~,I I I I L --\ \ \ \ \ \ \~/\ \ () \ \ \ \ \ \ \.- . r ~ ~ ~ 1 ""''''''1 I I 14211 1 1419L_ _-' 1417 I,___J '" '" ;; ;;; - - ... r~_ I- I l-!"- 1413 J-' 1411 r--g 1 1409 ~-1 ..... (.... C-l r-..... f1 I 1 I I I I ~ ,.: ~-""""I i-ol ct<":l ~l ~__~I I_~ I .,...... ,.. ..... ~- -- ,. 2! i- ",i-l- 1 ~LJ l_r Proposed Annexation Map Owner Cleveland & Erma Lang Case: ANX2005-11038 Site: 1604 N. Betty Lane Property Size (Acres): 0.182 Land Use Zoning PIN: 10-29-15-85446-002-0120 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 269B atet City Council Cover Memorandum CA-7 10,7 Tracking Number: 2,002 Actual Date: 04/06/2006 Subject / Recommendation: Adopt Ordinance 7595-06 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 1604 North Setty Lane, 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: 03/25/2006 Financial Information: Review Approval Pam Akin 03-13-2006 15:32:46 Cvndie Goudeau 03-23-2006 17:05:27 I-- I ORDINANCE NO. 7595-06 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 60 FEET NORTH OF WOODBINE STREET AND 171 FEET SOUTH OF PARKWOOD STREET, CONSISTING OF LOT 12, BLOCK B, STEVENSON'S HEIGHTS, WHOSE POST OFFICE ADDRESS IS 1604 NORTH BETTY LANE, 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: Propertv Lot 12, Block "B", Stevenson's Heights, according to the map or plat thereof, as recorded in Plat Book 34, Page 13, Public Records of Pinellas County, Florida (ANX200511038) 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. 7594-06. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Frank V. Hibbard Mayor Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7595-06 "-./ " ( " , '...,//'./ CG I I I L '--I I I I I I I .....- I 1 I Future Land Use Map Owner Cleveland & Erma Lang Site: 1604 N. Betty Lane Land Use Zoning From: RL (County) R-3 [County) To: RL (City) LMDR (City) Case: ANX2005-11038 Property Size (Acres): 0.182 PIN: 10-29-15-85446-002-0120 Atlas Page: 269B City Council ,~,~!la -=,!?~ver Mem!?,~a nc!,!:!I!!,*,,*_,,*,,,*_,*,,,,,,, CF}-8 10.8 Tracking Number: 2,003 Actual Date: 04/06/2006 Subject / Recommendation: Adopt Ordinance 7596-06 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 1604 North Betty Lane, 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: 03/25/2006 Financial Information: Review Approval Pam Akin 03-13-2006 15:33: 16 Cvndie Goudeau 03-23-2006 17:06:23 ORDINANCE NO. 7596-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED 60 FEET NORTH OF WOODBINE STREET AND 171 FEET SOUTH OF PARKWOOD STREET, CONSISTING OF LOT 12, BLOCK B, STEVENSON'S HEIGHTS, WHOSE POST OFFICE ADDRESS IS 1604 NORTH BETTY LANE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot 12, Block liB", Stevenson's Heights, according to the map or plat thereof, as recorded in Plat Book 34, Page 13, Public Records of Pinellas County, Florida (ANX200511038) 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. 7594-06. 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. 7596-06 "vi " , " , " N ~"I 17C3 - ~-, --I ,j, I L_~ ~ -- I _I:!: ~-I_~ I___~ ~--.J l__~ c I- I I l, l I I I L ....' \ \ \ \ \ \ , ........, \ () \ \ OSIR ~ 1- ,[L I ~_J u '--1 I I I I I I Proposed Zoning Map Owner Cleveland & Erma Lang Case: ANX2005-11038 Site: 1604 N. Betty Lane Property Size (Acres): 0.182 Land Use Zoning PIN: 10-29-15-85446-002-0120 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 269B City Council _.,___~,g,.~n~!,,,,,~~~,~,,,,,~,,!!,!!!~,~!,.!:!,~ u m"~"",.."......,__"".,.,.".,___""."...",,,,_,,_ Tracking Number: 2,004 Actual Date: 04/06/2006 Subject / Recommendation: Adopt Ordinance 7603-06 on second reading, amending the city's fiscal year 2005/2006 Operating Budget at first Quarter. Originating: City Attorney Section Second Readings - publiC hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 03/25/2006 Financial Information: Review Aooroval Pam Akin Cvndie Goudeau 03-13-2006 15:33:48 03-23-2006 16:52:03 ------------1 Cft-C) IO,q ORDINANCE NO 7603-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2006 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, SOLID WASTE FUND, GAS FUND, RECYCLING FUND, PARKING FUND, HARBORVIEW FUND, GARAGE FUND AND CENTRAL INSURANCE FUND, AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2006, for operating purposes, including debt service, was adopted by Ordinance No. 7497-05; and WHEREAS, at the First Quarter Review it was found that increases and decreases are necessary in the total amount of $12,233,299 for revenues and $8,348,316 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. 7497-05 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2005 and ending September 30, 2006 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. 7603-06 EXHIBIT A 2005-06 BUDGET REVENUE First Quarter Original Amended Budget Budget 2005/06 2005/06 Amendments General Fund: Property Taxes 44,878,180 44,878,180 Franchise Fees 7,792,130 7,902,130 110,000 Utility Taxes 10,810,200 10,810,200 Licenses, Permits & Fees 4,015,000 4,015,000 Sales Tax 6,325,000 6,325,000 Communications Services Tax 6,547,070 6,547,070 Intergovernmental Revenues 10,010,270 10,010,270 Charges for Current Services 3,674,870 3,772,570 97,700 Fines & Forfeitures 828,000 828,000 Interest Income 529,000 529,000 Miscellaneous 1,146,540 1,041,540 -105,000 Interfund ChargeslTransfers In 14,843,650 14,850,412 6,762 Transfer from Surplus 0 102,526 102,526 Total, General Fund 111,399,910 111,611,899 211,989 Special Revenue Funds: Special Development Fund 20,494,410 23,402,174 2,907,764 Special Program Fund 2,111,600 4,536,178 2,424,578 Local Housing Asst Trust Fund 820,100 820,100 Utility & Other Enterprise Funds: Water & Sewer Fund 51,781,310 51,781,310 Stormwater Utility Fund 11,531,030 11,531,030 Solid Waste Fund 17,298,140 18,317,157 1,019,017 Gas Fund 42,062,990 48,337,940 6,274,950 Recycling Fund 2,557,900 2,657,956 100,056 Marine and Aviation Fund 3,850,400 3,850,400 Parking Fund 4,782,260 4,723,084 -59,176 Harborview Center Fund 2,211,770 692,150 -1,519,620 Internal Service Funds: Administrative Services Fund 9,106,290 9,106,290 General Services Fund 4,117,710 4,117,710 Garage Fund 11,330,890 11,803,148 472,258 Central Insurance Fund 19,759,210 20,150,693 391,483 Total, All Funds 315,215,920 327,439,219 12,223,299 53 Ordinance #7603-06 EXHIBIT A (Continued) 2005-06 BUDGET EXPENDITURES First Quarter Original Amended Budget Budget 2005/06 2005/06 Amendments General Fund: City Council 297,300 299,540 2,240 City Manager's Office 1,125,050 1,075,050 -50,000 City Attorney's Office 1,505,800 1,505,800 City Audit 145,960 145,960 Development & Neighborhood Svcs 3,837,330 3,912,330 75,000 Economic Development & Housing Svc 1,397,330 1,397,330 Equity Services 348,330 348,330 Finance 2,157,900 2,157,900 Fire 20,658,540 20,658,540 Human Resources 1,207,690 1,207,690 Library 6,081,950 6,069,158 -12,792 Marine & Aviation 502,830 502,830 Non-Departmental 4,671,660 4,703,759 32,099 Office of Management & Budget 315,680 315,680 Official Records & Legislative Svcs 1,250,160 1,250,160 Parks & Recreation 20,088,080 20,240,730 152,650 Planning 1,484,330 1,484,330 Police 33,243,510 33,243,510 Public Communications 976,400 989,192 12,792 Public Works Administration 10,104,080 10,104,080 Total, General Fund 111,399,910 111,611,899 211,989 Special Revenue Funds: Special Development Fund 19,797,220 20,098,682 301,462 Special Program Fund 2,011,600 4,436,178 2,424,578 Local Housing Asst Trust Fund 820,100 820,100 Utility & Other Enterprise Funds: Water & Sewer Fund 49,847,580 49,847,580 Stormwater Utility Fund 11 ,398,620 11,398,620 Solid Waste Fund 17,298,140 17,298,140 Gas Fund 40,533,050 46,615,660 6,082,610 Recycling Fund 2,557,020 2,647,076 90,056 Marine and Aviation Fund 3,601,820 3,601,820 Parking Fund 4,609,970 4,513,470 -96,500 Harborview Center Fund 2,211,770 692,150 -1,519,620 Internal Service Funds: Administrative Services Fund 9,053,370 9,053,370 General Services Fund 4,104,120 4,104,120 Garage Fund 11,330,890 11,793,148 462,258 Central Insurance Fund 18,737,140 1 g, 128,623 391 ,483 Total, All Funds 309,312,320 317,660,636 8,348,316 54 Ordinance #7603-06 ater City Council _",",," Ag@~,!:1da"~,!Jv~,~~"M~,mora nd u m CA:t- LO 10.iO Tracking Number: 2,005 Actual Date: 04/06/2006 Subject / Recommendation: Adopt Ordinance 7604-06 on second reading, amending the city's fiscal year 2005/2006 Capital Improvement Budget at first quarter. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 03/25/2006 Financial Information: Review Approval Pam Akin 03-13-2006 15:34:21 Cvndie Goudeau 03-23-2006 16:52:51 ORDINANCE NO 7604-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30,2006, TO REFLECT A NET INCREASE OF $8,789,239 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30,2006 was adopted by Ordinance No. 7498-05; 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. 7498-05 is amended to read: Pursuant to the First Quarter Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2005 and ending September 30,2006, a copy of which is on file with the City Clerk, the City Council hereby adopts a First Ouarter 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. 7604-06 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2005/06 First Qtr Original Amended Budget Budget 2005/06 2005/06 Amendments Fire Protection 6,409,610 6,398,214 (11,396) New Street Construction 500,000 500,000 Major Street Maintenance 4,543,740 19,947,308 15,403,568 Intersections 485,000 514,000 29,000 Parking 300,000 262,676 (37,324 ) Miscellaneous Engineering 43,535 43,535 leisure 383,500 383,500 Park Development 3,101,000 (3,105,038) (6,206,038) Marine Facilities 1,220,000 1,263,492 43,492 Airpark Facilities 10,000 (436) (10,436) Libraries 571,490 570,633 (857) Garage 4,424,100 4,886,358 462,258 Maintenance of Buildings 1,001,000 1,001,000 General Public Buildings & Equipment 135,000 (135,000) Miscellaneous 1,117,500 1,100,964 (16,536) Stormwater Utility 8,554,580 7,931,697 (622,883) Gas System 5,110,000 5,145,745 35,745 Solid Waste 548,500 548,500 Utilities Miscellaneous 269,000 267,935 (1,065) Sewer System 8,706,100 8,215,700 (490,400) Water System 7,945,340 7,365,415 (579,925) Recycling 150,000 150,000 TOTAL 54,601,960 63,391,199 8,789,239 56 Ordinance # 7604-06 ..... EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2005/06 Original Budget 2005/06 First Qtr Amended Budget 2005106 Amendments GENERAL SOURCES: General Operating Revenue 2,297,610 2,360,228 62,618 General Revenue/County Co-op 571,490 571,490 Special Development Fund (2,500,000) (2,500,000) Community Redevelopment Agency 784,450 784,450 Road Mileage 2,864,740 2,864,740 Recreation Facility Impact Fee 88,962 88,962 Recreation Land Impact Fee 63,500 Open Space Impact Fee 120,000 Penny for Pinellas 8,960,000 8,920,206 (39,794) Transportation Impact Fees 290,000 223,492 (66,508) Local Option Gas Tax 1,019,000 1,048,000 29,000 Special Program Fund 150,000 150,000 Grants. Other Agencies 604,500 (5,170,936) (5,775,436) Contributions 500,000 500,000 SELF SUPPORTING FUNDS: Marine/Aviation Revenue 235,000 235,000 Parking Revenue 310,000 272,676 (37,324) Harbor view Revenue 100,000 100,000 Utility System: Water Revenue 373,390 373,390 Sewer Revenue 940,200 940,200 Water Impact Fees 250,000 250,000 Water R & R 1,126,740 1,126,740 Sewer Impact Fees 280,000 280,000 Sewer R&R 1,190,700 1,190,700 Stormwater Utility 1,698,870 1,698,870 Gas Revenue 5,120,000 5,120,000 Solid Waste Revenue 60,000 (959,017) (1,019,017) Recycling Revenue 30,000 30,000 Grants 1,612,000 1,952,426 340,426 Property Owner's Share 35,745 35,745 Donations INTERNAL SERVICE FUNDS: Garage Fund 177,100 629,358 452,258 Administrative Services Fund 350,000 350,000 General Services Fund 20,000 20,000 57 Ordinance # 7604-06 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2005/06 First Qtr Original Amended Budget Budget 2005/06 2005/06 Amendments Central Insurance Fund BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 286,000 258,571 (27,429) Improvement Revenue Bond 14,000,000 14,000,000 Penny for Pinellas Bond SELF-SUPPORTING FUNDS: Lease Purchase - Parking Lease Purchase - Water 278,000 278,000 Lease Purchase - Solid Waste 488,500 488,500 Lease Purchase - Recycling 120,000 120,000 Bond Issue - Water & Sewer 12,400,410 13,397,876 997,466 Bond Issue - Stormwater 5,324,710 6,608,107 1,283,397 INTERNAL SERVICE FUNDS: Lease Purchase - Garage 4,302,000 4,302,000 Lease Purchase - Administrative Sacs 160,000 156,925 (3,075) Lease Purchase - General Services 111,000 111,000 TOTAL ALL FUNDING SOURCES: 54,601,960 63,207,699 8,789,239 58 Ordinance # 7604-06 1--- .. City Council _",,,,~Ag,~!:!d a .~~!lve~_M,~,!!!,,~,,~,~,!:!,,~t~.!!! CA- - ~, 10.1\ Tracking Number: 2,006 Actual Date: 04/06/2006 Subject / Recommendation: Adopt Ordinance 7606-06 on second reading, amending Chapter 33, Section 33.067, Code of Ordinances, relating to waterways and vessels to change a defined area for speed restrictions of vessels greater than 25 feet in length. Originating: City Attorney Section Second Readings - publiC hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 03/25/2006 Financial Information: Review Approval Pam Akin 03-13-2006 11: 16:53 Cvndie Goudeau 03-23-2006 17:02:58 ORDINANCE NO. 7606-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING CHAPTER 33, SECTION 33.067, CODE OF ORDINANCES, RELATING TO WATERWAYS AND VESSELS, TO CHANGE A DEFINED AREA FOR SPEED RESTRICTIONS OF SINGLE ENGINE VESSELS 25 FEET OR LESS TO OPERATE AT 35 MPH WITHIN A DESIGNATED SECTION OF THE SLOW SPEED MINIMUM WAKE ZONE OF MANDALAY CHANNEL; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 33.067 is amended to read: Sec. 33.067. Same - Areas defined. (7) Slow down-minimum wake zone, north of Memorial Causeway for vessels areater than 25 feet in lenath. Sinale enaine vessels 25 feet or less may operate at a speed limit of 35 mph from Somerset Street to the northernmost point of the slow speed minimum wake zone on Island Estates. All waters in the following described area are designated as a slow down-minimum wake zone: Begin at a point approximately 75 yards, more or less, to a point approximately on Island Way, located at 27 degrees 59 minutes 51 seconds north, 82 degrees 49 minutes 4e 21 seconds west, then westerly to the easternmost point of Kipling Plaza on Clearwater Beach Island, then southerly along the shoreline of Clearwater Beach Island to the fixed highway bridge at the west end of Memorial Causeway, then easterly along the bridge and Memorial Causeway to the west shoreline of Island Way, then northeasterly along the shoreline of Island Way to the shoreline of Island Estates, then along the shoreline of Island Estates to the point of beginning.. 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: Bryan D. Ruff Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7606-06 City Council Cover Memorandum fYl R -- J 1. I Tracking Number: 1,955 Actual Date: 04/06/2006 Subject / Recommendation: Approve Contract No. LE591 - Clean Vessel Act Grant Agreement with the Department of Environmental Protection (DEP) and authorize the appropriate officials to execute same. Summary: . The DEP offers a program for funding the cost to purchase a pump out boat. The City would like to use the boat to supplement the pump out station at the City fuel dock. . The Marine & Aviation Department applied for and received notice of being awarded grant funds to purchase an 18 foot pump out boat. A pump out vessel manufactured by PumpOut USA would cost $35,000. The DEP requires three bids. . The total grant applied for was $41,000, which included the vessel purchase, equipment installation (plumbing supplies, delivery and labor), information signs and brochures, and educational and instructional materials. The brochures and instructional materials about the Clean Vessel Act and use of the equipment by the public are requirements of the grant. . Under the terms of the agreement, the DEP will pay the City on a cost reimbursement basis at a 75/25 split. The DEP will pay up to $30,750 and the City will be responsible for $10,250. . A mid-year budget amendment will establish a new capital improvement projectl 315-93406 Marina Pump-Out Boat. The City's match of $10,250 will be proveded by a mid-year amendment transferring this amount from project 315-93495, Dock Construction. There will still be amble funds for any dock construction needed. A copy of the agreement is available for viewing in Official Records. Originating: Marine and Aviation Section Consent Agenda Category: Agreements/Contracts - with cost Number of Hard Copies attached: 1 Public Hearing: No Financial Information: ~ Capital Expenditure Bid Reauired? Yes In Current Year Budget? Yes ater City Council __"",,~~,~!I CO~~!" M~~<~'~'!"!:!"~'!:!"!!!~_""'''''__'''''''~'''''''''''''___''='''''M'''''''''''",,,,,~,,,,.._,, Budget Adjustment: Yes Budget Adjustment Comments: Transfer $10,250 from CIP 93495 into a new CIP. Current Year Cost: $10,250.00 For Fiscal Year: 04/06/2006 to 02/05/2007 Total Cost: $10,250.00 Not to Exceed: $10,250.00 Review Approval Bill Morris Rod Irwin 02-23-2006 11 :24: 10 03-13- 2006 11: 13: 16 03-27-2006 11 :53:23 03-13-2006 08: 17:43 03-27-2006 14:05:29 03-13-2006 10:46:56 03-24-2006 16:02:03 Brvan Ruff Bill Horne Bill Morris Cvndie Goudeau Tina Wilson . Rs~ (Y)R - I J J. I FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CLEAN VESSEL ACT GRANT PROGRAM DEP Agreement No: LE591 For CV A 05-440 PROJECT AGREEMENT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Department" or "DEP") and THE CITY OF CLEARWATER, whose address is 25 Causeway Boulevard, Clearwater, Florida 33767 (hereinafter referred to as "Grantee" or "Recipient"), a local government, to conduct a project approved under the Clean Vessel Act Grant Program (CFDA 15.616). WHEREAS, the Department is the recipient of federal [mancial assistance from the U.S. Fish and Wildlife Service; and, WHEREAS, as the result of this Agreement the Grantee has been determined to be a subrecipient of federal [mancial assistance from the U.S. Fish and Wildlife Service. NOW, THEREFORE, in consideration of the premises and the mutual benefits to be derived here from, the Department and the Grantee do hereby agree as follows: 1. The Agreement shall be performed in accordance with Public Law 102-587, the Clean Vessel Act of 1992, and the Federal Clean Vessel Act Grant Program Guidelines (50 CFR Parts 80 and 85) which are hereby incorporated by reference as if fully set forth herein. 2. The Grantee agrees to conduct the project known as Florida Clean Vessel Act Program, in accordance with the terms and conditions set forth in this Agreement, the Scope of Work as provided in Attachment A, and all exhibits and attachments referenced herein and made a part hereof. 3. By executing this Agreement, the Department certifies that a site visit has been conducted to verify and document that the project activities and location of the work described in Attachment A meet the categorical exclusion criteria under the National Environmental Policy Act (NEPA) and that activities conducted as a result of this Agreement will have no impact on any species listed in the NEP A criteria. The Department will maintain the site visit documentation in its files in Tallahassee in accordance with the conditions of the Department's source grant agreement with the U.S. Fish and Wildlife Service. 4. The Grantee agrees to complete the project on or before February 5, 2007. This Agreement shall become effective upon execution by both parties and shall remain in effect for a period of five (5) years from the date of project completion. The Grantee must make project facilities available to the boating public for a minimum of five (5) years after the completion date of the project established above. In the event ofa change in ownership, the Grantee is required to notify the Department in writing of such change no later than ten days after the change in ownership occurs, and the Grantee is required to notify the new owner of this Agreement, the obligation to continue maintenance and operations as well as reporting for the remaining life of this Agreement prior to the change. The "Bill of Sale" or other official document transferring ownership shall include these grant requirements. Any change in ownership will require an amendment to this Agreement. Should the new owner refuse to assume the obligations as set forth in this Agreement, the original Grantee shall reimburse the Department for the value of the equipment as specified in 43 CFR, Part 12.72. This Agreement may be amended to provide for additional services if additional funding is made available by the U.S. Fish and Wildlife Service and/or the Legislature. 5. A. As consideration for the services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $30,750.00 toward all eligible costs associated with the project as described in Attachment A, Scope of Work. DEP 55-240 (12/05) DEP Agreement No. LE591, Page 1 of7 B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance of a properly completed Attachment B, Grant Payment/Match Request Form and an invoice. The request for payment shall include an invoice on the Grantee's letterhead, clearly marked as invoice. The Grantee shall maintain an itemized listing (by category) of all expenditures claimed, including the dates of service, on Grantee invoices submitted to the Department. Receipts and cancelled checks clearly reflecting the dates of service and back-up documentation, including any subcontractor invoices if applicable, shall be submitted to the Department, along with Grantee invoices for auditing purposes. Invoices for the deliverables described in Attachment A must explicitly reference the deliverables and the grant award amounts associated with each deliverable. Partial payments of project costs are allowed under this Agreement. The Grantee shall submit a fmal invoice to the Department no later than February 19,2007, to assure the availability of funds for fmal payment. No travel expenses are authorized under the terms of this Agreement. C. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits) if applicable. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.fldfs.com/aadir/reference%5Fguide and allowable costs for Federal Programs can be found under 48 CFR Part 31 at http://www.access.gpo.gov/nara/cfr/cfr-table-search.htmlandOMBCircularsA-87.A-122.A-21.as appropriate, at http://www.whitehouse.gov/omb/circulars/index.html#numerical. D. The Grantee shall obtain at least three written quotes for the purchase of goods or services costing more than $2,500 and submit said quotes to the Department for review and approval prior to the commencement of any work under this Agreement. Written quotes shall be for items that are alike in function, operation and purpose. An explanation will be required whenever the Grantee elects to use the vendor quoting other than the lowest price. The Department has the right to reject all quotes and require additional documentation supporting the projected project costs. The Department shall make no reimbursement from grant funds until this documentation has been provided and approved. Any grant over $100,000 shall comply with the procurement requirements described in 43 CFR 12.76. E. The parties hereto understand and agree that this Agreement requires a cost sharing or match in the form of cash or third party in-kind, on the part of the Grantee. The match expended by the Grantee shall be at least 25% of the total amount actually expended on the project. All cost sharing/match shall meet the federal requirements established in 48 CFR, Part 31 and OMB Circulars A-87, A-I22 and A-2I, as appropriate. F. Allowable costs will be determined in accordance with the cost principles applicable to the organization incurring the costs. For purposes of this Agreement, the following cost principles are incorporated by reference. Orl!:anization Type Aoolicable Cost Princioles State, local or Indian tribal government. OMB Circular A-87 Private non-profit organization other than (1) an OMB Circular A-I22 institution of higher education, (2) hospital, or (3) organization named in OMB Circular A-I22 as not subiect to that circular. Education Institutions OMB Circular A-21 For-profit organization other than a hospital and an 48 CFR Part 31, Contract Cost Principles and organization named in OMB A-I22 as not subject Procedures, or uniform cost accounting standards to that circular. that comply with cost principles acceptable to the federal agency. DEP 55-240 (12/05) DEP Agreement No. LE591, Page 2 of 7 6. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 7. The Grantee shall record and maintain pumpout information to be submitted to the Department on a quarterly basis on a form provided by the Department. This form can be accessed online at http://www.dep.state.fl.us/law/Grants/CVA/pumpouts.htm. Quarterly forms shall be submitted to the Department's Grant Manager no later than 15 days following the last day of the reporting quarter beginning with the quarter during which the completion of the construction or installation of equipment occurred. It is hereby understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. 8. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 9. A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. C. The parties hereto may agree to terminate this Agreement for convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. D. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 10. If the Grantee materially fails to comply with the terms and conditions of this Agreement, including any Federal or State statutes, rules or regulations, applicable to this Agreement, the Department may take one or more of the following actions, as appropriate for the circumstances. A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee. B. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. C. Wholly or partly suspend or terminate this Agreement. D. Withhold further awards for the project or program. E. Take other remedies that may be legally available. F. Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension or after termination of the Agreement are not allowable unless the Department expressly authorizes them in the notice of suspension or termination. Other Grantee costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if the following apply. 1. The costs result from obligations which were properly incurred by the recipient before the effective date of suspension or termination, are not in anticipation of it, and in the case of termination, are noncancellable. DEP 55-240 (12/05) DEP Agreement No. LE591, Page 3 of 7 11. 12. 13. 2. The cost would be allowable if the Agreement were not suspended or expired normally at the end of the funding period in which the termination takes place. G. The remedies identified above, do not preclude the Grantee from being subject to debarment and suspension under Executive Orders 12549 and 12689. A. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, the U.S. Fish and Wildlife Service, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years following Agreement completion. In the event any work is sub granted or subcontracted, the Grantee shall similarly require each sub grantee and subcontractor to maintain and allow access to such records for audit purposes. B. The Grantee agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and fmal action taken. C. Records for real property and equipment acquired with Federal funds shall be retained for five years following final disposition. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment C (Special Audit Requirements), attached hereto and incorporated herein by reference. Exhibit 1 to Attachment C summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment C. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment, which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at 850/245-2361 to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of fmancial assistance (federal and/or state) identified in Attachment C, Exhibit 1 when making its determination. For federal fmancial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-B3, Subpart B, Section _.210 for determining whether the relationship represents that of a subrecipient or vendor. For state fmancial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number FSAA_CL2) that can be found under the "Links/Forms" section appearing at the following website: httos:llapps. fldfs.com/fsaa The Grantee should confer with its chief fmancial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. A. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. The DEP 55-240 (12/05) DEP Agreement No. LE591, Page 4 of 7 Department will fumish, upon request, a list of minority owned businesses for consideration in subcontracting opportunities. C. This Agreement is neither intended nor shall it be construed to grant any rights, privileges, or interest in any third party without the mutual written agreement of the parties hereto. D. This Agreement is an exclusive grant and may not be assigned in whole without the written approval of the Department. 14. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 15. The Grantee shall comply with all applicable federal, state and local rules and regulations in performing under this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 16. The Department's Grant Manager (which may also be referred to as the Department's Project Manager) for this Agreement is identified below. Brenda Leonard Florida Department of Environmental Protection Division of Law Enforcement, MS665 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Telephone No.: 850-245-2847 Fax No.: 850-245-2859 E-mail Address: Brenda.Leonard@dep.state.fl.us 17. The Grantee's Grant Manager (which may also be referred to as the Grantee's Project Manager) for this Agreement is identified below. The Department must be notified in writing of any change in this information within ten days. Bev Buysse The City of Clearwater 25 Causeway Boulevard Clearwater, Florida 33767 Telephone No.: 727-462-6954 Fax No.: 727-462-6957 E-mail Address: N/A 18. The Grantee warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee. 19. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 20. Upon satisfactory completion of this Agreement, the Grantee may retain ownership of the equipment purchased under this Agreement. However, the Grantee shall complete and sign a Property Reporting Form, provided as Attachment D, and forward it along with the appropriate invoice to the Department's Grant Manager. The following terms shall apply: DEP 55-240 (12/05) DEP Agreement No. LE591, Page 5 of 7 A. The Grantee shall have use of the equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. B. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the equipment in good operating condition. C. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the use of, non-expendable personal property or equipment purchased with grant funds and held in his possession for use in a contractual arrangement with the Department. 21. A. The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, task timelines within current authorized Agreement period, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the Grantee's cost or time, or a change in ownership shall require formal amendment to this Agreement, and not be eligible for processing through the change order procedures described above. B. The project completion date may be extended by change order issued by the Department, subject to the same terms and conditions and the availability of funding. Request for extension of time in which to complete this project shall be in writing and shall be requested at least sixty (60) days prior to the completion date as described in paragraph 4 above. 22. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the constmction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at 850/487- 0915. 23. In accordance with Executive Order 12549, Debarment and Suspension (43 CFR 12.75), the Grantee certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the Grantee shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing by the U.S. Fish and Wildlife Service to the Department. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 24. The U.S. Fish and Wildlife Service and the Department, reserve a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes: A. The copyright in any work developed under a grant, sub grant, or contract under a grant or subgrant. B. Any rights of copyright to which a Grantee, subgrantee or a contractor purchases ownership with grant support. 25. Land acquisition is not authorized under the terms of this Agreement. DEP 55-240 (12/05) DEP Agreement No. LE591, Page 6 of 7 26. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. THE CITY OF CLEARWATER STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Signature of Person Authorized to Sign By: Director, Division of Law Enforcement or designee Date: Print Name and Title of Authorized Person ~L~ Date: FEID No. 59-6000298 Brenda .LeOntrd, ~EP_Grant Manage. r At JJLeJk ~~ DEP Contracts Administrator Approved as to form and legality: J1~~ c, ~ *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the governmental board/commission must accompany the Agreement. List of attachments/exhibits included as part ofthis Agreement: Specify Type Letter/ Number Description (include number of pages) Attachment Attachment Attachment Attachment ~ .l.L ~ ...IL Scope of Work and Conditions (3 Pages) Grant PavrnentlMatch Request Form (1 Page) Special Audit Requirements (5 Pages) Property Reporting Form (1 Page) DEP 55-240 (12/05) DEP Agreement No. LE591, Page 7 of 7 ATTACHMENT A Clean Vessel Act Grant Program Scope of Work PURPOSE The purpose of the grant is to establish or restore pumpout facilities that are operational and accessible to the general boating public for the useful life of the facilities. The purpose of these conditions is to ensure compliance with 50 CFR Part 85, Subpart D - Conditions on Use/Acceptance of Funds, for the Agreement period, including the five (5) year period extending beyond the date of equipment installation or construction completion. These conditions cover pumpout facilities and equipment purchased with Clean Vessel Act Grant funds. This is a cost reimbursement Agreement with matching requirement based on the amount actually paid by the Department to the Grantee. The Department agrees to pay the Grantee, on a cost reimbursement basis, a grant award in an amount not to exceed $30.750.00 and the Grantee agrees to undertake the project as described and submitted by the Grantee in the Grant Application, CVA 05-440, and provide a minimum 25% non-federal matching funds. The project is located at 25 Causeway Boulevard. Clearwater. Florida 33767. CONDITIONS Reimbursement for Project Installation 1. The Grantee shall obtain all required permits and approvals prior to commencement of the project. A grant award is not an indication of permitability of a project. A Permit Certification Form, supplied by the Department, shall be sent to and be on file with the Department before invoices will be processed for payment. 2. Match documentation shall be provided in accordance with instructions and on forms available from the Department. Any credit for the match by the Grantee shall be based on forms completed and documented to the satisfaction of the Department. 3. Grantee invoices will be processed by the Department in an expeditious manner upon presentation of all required documents as outlined in Paragraphs 5.B. through 5.E. of this Agreement. The Department shall have fifteen (15) days to review and approve all invoices and reports. Upon review and approval of each invoice and report, the Department will process the invoice for payment. 4. The final invoice shall be accompanied by a completed and signed project completion form to be provided by the Department, an operational plan as described in Condition 1 of the Operations section of this Attachment, a description of the operational log required under Condition 8 of the Operations section of this Attachment, and photographs of the completed project. Operations 1. The pumpout facility or dump stations will conduct its operations under an operational plan of the Grantee that specifies hours of operation, maintenance principles, methods in determining volume of material pumped including the use of flow meters as may be necessary, information/educational materials on pumpout operation and assurances that the pumpout facility or dump station will be used solely for the collection of boat sewage. This plan will be submitted with the certification of project construction completion. 2. Each pumpout facility or dump station funded under this project shall be open and available to the recreational boating public. Each pumpout facility or dump station shall be operated, DEP 55-240 (12/05) DEP Agreement No. LE591, Attachment A, Page lof3 maintained, and continue to be reasonably accessible to all recreational vessels for the full five year period as described and set forth in Paragraph 4 of this Agreement. 3. The Grantee will provide marine sanitation and pumpout information for boat owners and training for pumpout operators. These services may be provided through such methods as information materials, on site instruction or audio-visual methods by the marina owner/operator, equipment vendors, harbormaster or local government personnel. 4. The location of each pumpout facility or dump station will be continually identified through informational markers using the international pumpout logo on a sign of at least three feet by four feet in size. All informational markers located on the waters of the state shall be with prior approval of the Department as required by permitting procedures established by Florida Statutes and the Florida Administrative Code. 5. Informational placards stating fees, hours of operations, instructions, and operator name and telephone number shall be posted in a clearly visible location on the station housing. The placard shall have posted emergency phone numbers for reporting service problems and shall include the following statement: Funded in part by the U.S. Fish and Wildlife Service, Clean Vessel Act through the Florida Department of Environmental Protection, Division of Law Enforcement. 6. Pumpout facilities will be designed and operated in accordance with state and local health regulations. 7. Pumpout or dump station services will be provided free of charge or for a fee not to exceed $5 per vessel. Fees greater than $5 require prior written approval by the Department of an itemized operational cost justification. Fee accounting will be provided with the annual log described below. If fees are collected, such proceeds shall be retained, accounted for, and used by the operator exclusively to defray operation and maintenance costs of the pumpout equipment and associated materials. 8. The pumpout operator shall maintain an operational log to be submitted to the Department the first day of each calendar quarter beginning with the quarter during which completion of construction or installation of equipment occurred. The log shall document use of the equipment by number of pumpout services events, gallons pumped, fees charged, and maintenance, labor, or other operational costs incurred. Volume of sewage handled must be determined as described in the approved operational plan. Costs may be estimated unless greater than $5 fees are charged. Collections of higher fees require detailed accounting of operational costs through a method included in and approved with the operational plan. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-240 (12/05) DEP Agreement No. LE591, Attachment A, Page 2 00 DELlVERABLES The following is a schedule of deliverables and related amounts. The specific grant award amounts for each of the deliverables associated with the pumpout project listed in the schedule below may vary; however, the maximum grant award amount is as stated on page 1 of this Attachment. The grant award amount to be provided by the Department is based on the amount recommended and approved by the Department for this specific project. The dollars expended or in-kind effort by the Grantee shall be at least 25% of the total amount actually expended on the project. Order of Deliverables and Amounts Deliverables Detail Project Grant Amount Amount Permitting State and local permits required for $0.00 $0.00 installation of eauipment. Construction Labor and materials required to $0.00 $0.00 prepare site for equipment. Renovation Labor and materials necessary to $0.00 $0.00 restore pumpout equipment. Equipment Purchase Pumpout or waste receptacle $35,000.00 $26,250.00 equipment and associated piping to be installed. Equipment Installation Plumbing supplies, delivery and $4,000.00 $3,000.00 labor. Operations and Maintenance Necessary repair of equipment $0.00 $0.00 including parts and labor. Information signs and Advertisements, handouts, pumpout $1,000.00 $750.00 brochures logo, channel marker, and operational signage. Education and instructional Brochures or handout information $1,000.00 $750.00 materials about the Clean Vessel Act and the equipment available for public use. Total Proiect Amount $41,000.00 Total Grant Award Amount $30,750.00 Total Match Amount $10,250.00 DEP 55-240 (12/05) DEP Agreement No. LE591, Attachment A, Page 3 of 3 ATTACHMENT B GRANT PAYMENTIMATCH REQUEST The City of Clearwater (GRANTEE) LE591 (Project Agreement No.) Grant Number: F0921 CV A 05-440 (Application No.) DEP Division: Law Enforcement DEP Program: Clean Vessel Program Billing Date: Payment Requested? Billing No.: Match Credit Requested? Yes_ No_ If Department payment is being requested, an invoice on your letterhead must accompany this form. DEPARTMENT (75%) Payment GRANTEE (25%) Match $ Permitting $ Construction Renovation Equipment Purchase Equipment Installation Operations and Maintenance Information (signs, brochures) Education and Instruction TOTAL $ $ Certification and Attestation: I certify that documentation has been and will be maintained as required by the Agreement to support the amounts reported above and is available for audit upon request. I attest that all expenditures prior to this request have been made and are true and accurate and are only for the purposes as described in the Clean Vessel Act Grant Project LE591. I further attest, under the penalties of perjury, that (name of the marina or entity) has complied with the provisions of the grant. NOTARY PUBLIC: Subscribed and sworn Before me at Grantee's Project Manager/Attestor This_dayof (Title) Date (Seal) DEP 55-240 (12/05) DEP Agreement No. LE591 Attachment B, Page 1 of 1 ATTACHMENT C SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-l33 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-B3, as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-l33, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions ofOMB Circular A-133, as revised, will meet the requirements ofthis part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-B3, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-l33, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at htto://12.46.24S.173/cfda/cfda.html. DEP 55-215 (09/05) DEP Agreement No. LE591, Attachment C, Page 1 of 5 PART II: STATE FUNDED This part is applicable ifthe recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. 1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in State financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at http://state.fl.us/fsaa/catalog: or the Governor's Office of Policy and Budget website located at http://www.mvflorida.com/mvflorida/govemment/contacts/opbOffice.html for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website http://www.leg.state.fl.us/, Governor's Website http://www.myflorida.com/, Department of Financial Services' Website http://www.dbf.state.fl.us/and the Auditor General's Website http://www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i. e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits ofStatejinancial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-B3, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-B3, as revised, by or on behalf of the recipient directly to each of the following: DEP 55-215 (09/05) DEP Agreement No. LE591, Attachment C, Page 2 of 5 A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (1), OMB Circular A-133, as revised. 2. Pursuant to Section .320(1), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 3. Copies offmancial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directlv to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215 (09/05) DEP Agreement No. LE591, Attachment C, Page 3 of 5 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-B3, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215 (09/05) DEP Agreement No. LE591, Attachment C, Page 4 of 5 """ I E-o .... ~ .... == >< ~ c:; ~ ~ o ~ ~ o ~ ~ ::r: E-o ~ o E-< V) - V) z o U E-o ffi ::;s ~ ~ (j <e: V) ::a E-< o E-< E-o Z <e: ~ V) ~ ~ p... 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I Goudeau, Cyndie ~: II. i From: Sent: To: Cc: Subject: Brumback, Garry Tuesday. April 04, 2006 1 :07 PM Morris, William D.; Irwin, Rod; Goudeau, Cyndie Home . enis' hilli s, Sue; Harriger, Sandy R . Clean Vessel Act Pump Out Boat Thanks Bill, I will provide to Cyndie for the Council. Garry Brumback, leMA-CNI Assistant City Manager (727) 562-4053 -----Original Message----- From: Morris, William D. Sent: Tuesday, April 04/ 2006 11:46 AM To: Brumback, Garry; Irwin, Rod Cc: Horne, William; Wilson, Denise; Phillips, Sue; Harriger, Sandy Subject: Clean Vessel Act Pump OUt Boat Rod/Garry: To get an answer to the mayor's question about competing with commercial enterprises providing this service, we called many of the same marinas in our existing database we use for marina surveys on slip pricing. We had 17 responses. Commercial facilities are eligible and have applied for and received this grant and have a vessel. The grant encourages providing the pump outs for free and limits the amount you charge to a maximum of $5.00 unless you can provide detailed documentation where your operating costs exceed $5.00 per pump out. Of the 17 marinas that responded the charges ranged from $30 to $0. Only 5 of the Marinas surveyed were Municipal Marinas. 10 marinas have no charge for a pump out, 2 charge $5,2 charge $10 and 1 marina each charge $15, $20, $30. The high end charges are by private marinas that chose not to be restricted by the grant and did not get a vessel. The intent was to gain greater compliance within the boating community to use pump out facilities rather than discharge overboard into the water. The Clean Vessel Act Program provides affordable pump out boat and educational material to distribute to the public to let them know there are convenient options if they are anchored or at a slip without a pump out hook up. It also saves the marina the expense of building into a new marina an extensive pump out system and piping to each of the marina slips like we have here at the municipal marina. Marinas are required to have at least one pump out station or a portable pump out device (a vessel or cart). The grants are available under the Florida Clean Vessel Act Program which sets the terms and pricing for private and municipal marinas to encourage use of the service. Bill M ater City Council Cover Memorandum PR-\ Il.J Tracking Number: 1,971 Actual Date: 04/06/2006 Subject / Recommendation: Approve co-sponsorship and waiver of requested City fees and service charges for FY2006-2007 special events including seven annual City events; and nineteen City co-sponsored events; at an estimated gross cost of $619,145 ($137,500 representing cash contributions and $481,645 representing in-kind contributions) for the purposes of departmental budget submittals. Summary: According to the City Code of Ordinances on special events there shall be an annual review of City sponsored/co-sponsored events during the budget process. An agenda item approving co-sponsorship and level of support for these events will be brought before the City Council at the beginning of the budget process each fiscal year. In the event additional money is requested beyond what is included in the approved budget, City Council approval will be needed before said additional funds are dispersed. The attached chart shows cash and in-kind contributions requested to be included in FY2006/07 budget for City sponsored and co-sponsored special events. In addition, the 2005/2006 approved spreadsheet is attached for comparison purposes. "In-kind contributions" which are included in operating budgets under various departments increased by $114,054 (31%). The majority of this increase is due to the Ironman 70.3 Triathlon discussed by the Council ($84,695); Seafood Fest ($16,913), which is a new event; Jazz Holiday ($4,000) and Clearwater Celebrates America ($4,000), increase in personnel costs. Excluding the Ironman 70.3 Triathlon, this item increasd by 5.8%, which is primarily due to increased personnel cost and the addition of the Seafood Fest. Total "cash requests" decreased from $139,500 to $137,500 to reflect actual funding requests for North Greenwood Mayfest. There is a shift of $5,000 being moved from Sunsets BeachFest to Fun & Sun. This is being recommended since the City now hires the entertainment for that event during the Fun & Sun Festival. It should be noted that the $15,000 cash contribution for the 2005 Clearwater Veterans Appreciation Day is not included in this item since this was funded from the City Manager's budget in FY 2005/06. In-kind support of $1,000 is included in this years budget for this event. If approved, operating department will insert in their proposed FY07 budget for final Council approval. Originating: Parks and Recreation Section Consent Agenda Category: Other Number of Hard Copies attached: 0 Public Hearing: No City Council ,*"_~Jlend!".*~~~,-=...,~.~.!!!.~~.!.,!!.~~I!!,..,.",,.._"M'''_M''''''''''"''''M'''*'''~__ ",""'''''''~ Financial Information: Review Approval Sid Klein 03-20-2006 14: 10:38 Cvndie Goudeau 03-27-2006 14:04:52 Tina Wilson 03-21-2006 14:50:53 Bill Horne 03-27-2006 11: 54:46 Garrv Brumback 03-26-2006 06:28:05 Kevin Dunbar 03-21-2006 15:06: 19 M 0 ~ ~ '" '" <:> .. ~ ~ ~ .. ~ ~ <:> M <:> M <:> ~ .. '" <:> ag:~ '" .. '" ~ ::; '" ~ <:> ~ .. <:> <:> '" .. M M .. M ~ ~ .. <:> <:> ~ .. N ~ ~ M <:> '" .. .. .. ~ '" .. .. <:> ~ ~ :;; ~ :i M M ::i ::i M ~ ~ ~ ~ ~ :;; t .. <:> Icf ~ M M N '" M M M <:> M M M M .. w I M :il ~ ~ '" '" <:> .. ~ ~ ~ .. ~ M ~ <:> M <:> '" <:> .. .. '" <:> <:>~" C:L . .. '" ~ ~ ~ ~ <:> .. ~ <:> <:> ~ .. M M .. '" ~ t:; .. 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'E = ~ " D .....~ " " ,:: j1 " 0 3<; '" ~ >.!! ~ :l: woo ;:: :m:i ~ ';' ~!,,:,~ :" City Council J.\g~l1c:1iJ Cover Memorandum Pf~~ - d , 13 Tracking Number: 1,974 Actual Date: 04/06/2006 Subject / Recommendation: Award a contract for landscape and irrigation for a portion of SR 60 (the east entrance to the Memorial Causeway Bridge and 770 feet west of the Memorial Causeway Bridge) to Smith Landscaping Services, Inc. of Clearwater, Florida, in the amount of $552,481.05, which includes base bid, and a 10% contingency and authorize the appropriate officials to execute same. , . , Summary: On March 3, 2006 the City Council approved a Streetscape Maintenance Memorandum of Agreement with the Florida Department of Transportation, District Seven, for the improvements of SR 60 from the east entrance to the Memorial Causeway Bridge and 770 feet west of the Memorial Causeway Bridge. The Florida Department of Transportation, District Seven, has allocted funds for landscape improvements in conjunction with the construction of the Memorial Causeway Bridge. This contract with Smith Landscaping Services, Inc. is for the installation of an irrigation system and landscaping for the Memorial Bridge area. Work will include grading, planting trees, planting of landscape material, planting annuals, and installation of an irrigation system. Work will commence upon award and execution of the contract and will be completed by August, 2006. Sufficient funding is available in CIP code 315-93210. A copy of the contract is available for review in the Official Records and Legislative Services office. Originating: Parks and Recreation Section Consent Agenda Category: Agreements/Contracts - with cost Number of Hard Copies attached: 2 Public Hearing: No Financial Information: ~ Other Bid Required? Yes Bid Numbers: 06-0011-PR Other Contract? Funding of $712,000 from FDOT City Council Cover Memorandum In Current Year Budget? Yes Budqet Adiustment: No Current Year Cost: $552,481.05 For Fiscal Year: 10/01/2005 to 09/30/2006 Total Cost: $552,481.05 Not to Exceed: $552,481.05 Appropriation Code(s) 315-93210 Review Approval Kevin Dunbar Cvndie Goudeau Tina Wilson Garrv Brumback Bryan Ruff Bill Horne Amount $552,481.05 Comments Funding from FDOT as part of bridge construction. 03-14-2006 15:59:16 03-27-2006 14:03:35 03-16-2006 10:37:00 03-26-2006 06:30:27 03-16-2006 12:38:54 03-27-2006 11 :56:41 I J 01 01 N' .I CDI ::1 ...., c.' <( >. 111 "0 0::: III Or :; ~I~ o I ge CD 0::: 8.<( .l!l~ ~I <( !I c., E il III' "Oi c: 111 CD ...J 0 o 0 CDN O:::ai en.s::. >- U 111 .... ~ ~ ~ >'1 111 111 U ~I ~ ~I E ~, Ql ~ ~I z, W c.. 01 ~I 818 N 0 """ C") oq, """. 00 ...... N ...... 00000 ooO~OO NOOOLei o t-- LO C") t-- o. I 0). oq, """. t--. OOIN 0 N W ~. 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I I ... o City Council ~g~r-c:lf3~Qy~r ...~ ~l11ora nd u m e(~ -. 3 ll.~ .. \) Tracking Number: 1,994 Actual Date: 04/06/2006 Subject / Recommendation: Ratify and confirm the City Manager's approval of the First Amendment to CBS Radio Agreement dated February 24, 2005 to co-promote the festival on March 11, 2006 known as "Wildsplash" located in Coachman Park. - Summary: The City entered into an agreement with CBS Radio on February 24, 2005, to co-promote and produce a music festival known as "Wildsplash, which was presented at Coachman Park on Saturday, March 11, 2006. Prior to the festival City staff renegotiated and amended the agreement with CBS Radio to clarify and include additional language to address several key issues. These included the following: 1. Adherence to City Sound Policy and need to complete the festival by 9: 00 pm. 2. A limit of 12,500 tickets be sold for the event. 3. A $2,500 per occurrence fine shall be placed on CBS Radio for the use of the "F" word by CBS Radio Representatives. 4. Clarification that the City is in control of the venue and may enter into any structure or interrupt or terminate the event if necessary. 5. Clarification on the settlement from Ticketmaster sales. 6. Sales Tax responsibilities both for the City and CBS Radio. The City Manager and President of Infinity Radio, Inc. entered into this amendment prior to the concert on Saturday March 11, 2006, as there was not enough time to place it on the Council agenda before the concert was held. Originating: Parks and Recreation Section Consent Agenda Category: Other Number of Hard Copies attached: 0 Public Hearing: No Financial Information: ~ Other Review Approval Laura Lioowski 03-16-2006 11:39:23 Cvndie Goudeau 03-27-2006 14:02:58 Laura Lioowski 03-16-2006 14:42:23 Garrv Brumback 03-26-2006 06:31:34 Kevin Dunbar Bill Horne City Council Agenda c:::over Memorandum 03-16-2006 17:33:44 03-27-2006 11:57:27 ~. P'<.-3 r L L..1 FIRST AMENDMENT TO CBS RADIO AGREEMENT This Amendment is made and entered into this day of 2006 ("Effective Date") by and between Infinity Radio, Inc., a subsidiary of CBS Radio Inc., d/b/a WLLD-FM, 9721 Executive Center Drive, Suite 200, St. Petersburg, FL 33702, a radio station owned and operated by CBS Radio Corporation (hereinafter "CBS Radio") and the CITY OF CLEARWATER, FLORI DA, a municipal corporation of the State of Florida, (hereinafter "Vendor") (each individually referred to herein as "Party" or collectively as the "Parties"). WHEREAS, the Parties entered into that certain CBS Radio Agreement ("Agreement") dated February 24, 2005, (attached hereto and made a part hereof) and now agree to amend the Agreement as provided for herein; and NOW THEREFORE, the parties agree as follows: 1. Recitals. The recitals set forth above are true and correct and are incorporated herein by reference. 2. It is understood that CBS Radio and the Vendor will co-promote the festival on March 11, 2006 known as "Wildsplash" in Coachman Park, located at 301 Drew Street, Clearwater, Florida. It is understood that this will be a paid event open to the public and that CBS Radio is the title/presenting sponsor of the event. 3. It is also understood that the Vendor has a sound policy for its concerts which absolutely must be adhered to and Vendor reserves the right to implement its policy at its discretion. The policy set by the Vendor mandates that the music for this festival at Coachman Park must be completed by 9:00 p.m. 4. It is also understood that the Vendor has established safe capacity limits for Coachman Park. For this festival a maximum of 12,500 tickets will be sold through Ticketmaster and/or day of show. 5. Obscene Behavior and Compliance with Law. CBS Radio shall comply with all applicable Federal, State and local law while occupying the Venue for the Event. CBS Radio, its affiliates, respective officers, directors, employees, agents and representatives (collectively "CBS Representatives") or any of their successors or assigns agree that they shall not use the word "Fuck", or any variations thereof, at any time during the Event. Any such use shall result in a monetary fine of Two Thousand Five Hundred Dollars ($2,500.00) per occurrence and shall be deducted as a penalty expense from CBS revenues to be paid hereunder, prior to the Vendor's issuance of such revenues due. CBS hereby recognizes that any such references or encouragement will reflect negatively on the City of Clearwater and may be in violation of law. 6. Public Safety. Interruption or Termination of the Event. CBS Radio agrees that it will at all times conduct its activities with full regard to the public safety, and will observe and abide by all applicable regulations and requests by the Vendor and all other duly authorized governmental agencies responsible for the public safety. Duly authorized representatives may enter the Venue at any time and on any occasion without any restrictions whatsoever. All areas of the Venue shall remain under the control of the Vendor. Further, Vendor shall retain the right to cause interruption of any performance in the interest of public safety and to likewise cause the termination of such performance when in the sole judgment of the Vendor such act is necessary in the interest of the public safety. 7. The Vendor, as part of its partnership with CBS Radio, will utilize its Ticketmaster account for the sale of tickets to the Wildsplash concert. The Vendor, upon receipt of the final settlement from Ticketmaster, will deposit the check into the Vendor's events development account. The Vendor will then issue a check to CBS Radio for the amount of the check minus any deductions outlined in the agreement or additionally agreed upon by the promotions department for the station. 8. This paragraph hereby sets forth the State Sales Tax responsibilities of each partner in regards to ticket sales for the March 11, 2006 Wildsplash Festival. . State tax is collected by Ticketmaster on all tickets sold through Ticketmaster and is included in the gross sales amount reported by them. . The check received by the Vendor from Ticketmaster is the gross sales amount collected by Ticketmaster, including State Sales Tax, deducting other applicable Ticketmaster fees. . Said gross sales amount (including the sales tax), is the amount CBS Radio will use in calculating and paying the State Sales Tax, which is their responsibility. . Any sales tax generated on any tickets sold directly by CBS Radio is also the responsibility of CBS Radio. . The Vendor shall not be responsibl~ for the payment of any sales tax whatsoever. 9. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. COUNTERSIGNED: CITY OF CLEARWATER By: By: Frank V. Hibbard Mayor William B. Horne, II City Manager APPROVED AS TO FORM: ATTEST: By: By: Laura Lipowski Assistant City Attorney Cynthia E. Goudeau City Clerk ATTEST: INFINITY RADIO, INC. By: By: Name: Name: Title: City Council ~9!:r:!clCi~~"er Memorandum P fZ -- ~ 11.5 Tracking Number: 1,973 ActuaLDate: 04/06/2006 Subject / Recommendation: Award a contract for civil work for a portion of SR 60 (the east entrance to the Memorial Causeway Bridge and 770 feet west of the Memorial Causeway Bridge) to Keystone Excavators, Inc. of Oldsmar, Florida, in the amount of $220,330, which includes base bid, alternates 12-27a and a 10% contingency and authorize the appropriate officials to execute same. Summary: On March 3, 2006 the City Council approved a Streetscape Maintenance Memorandum of Agreement with the Florida Department of Transportation, District Seven, for the improvements of SR 60 from the east entrance to the Memorial Causeway Bridge and 770 feet west of the Memorial Causeway Bridge. In order to complete the necessary landscape improvements as designed some civil work is needed to relocate sidewalks on the west side of the bridge as well as some grading and other civil tasks. This contract with Keystone Excavators, Inc. is for the installation of sidewalks, curbs, fill, grading, etc. Alternate 12-27a deals specifically with relocating an asphalt parking lot and realigning the recreational trail at the base of west end of the bridge. Work will commence upon award and execution of the contract and will be completed by August, 2006. Sufficient funding is available in CIP code 315-93210. A copy of the contract is available for review in the Official Records and Legislative Services office. Originating: Parks and Recreation Section Consent Agenda Category: Agreements/Contracts - with cost Number of Hard Copies attached: 2 Public Hearing: No Financial Information: ~ Other Bid Required? Yes Bid Numbers: 06-0012-PR Other Contract? Funding of $712,000 from FDOT , 1_____________ In Current Year Budget? Yes Budqet Adiustment: No Current Year Cost: $220,330.00 For Fiscal Year: 10/01/2005 to 09/30/2006 Total Cost: $220,330.00 Not to Exceed: $220,300.00 Appropriation Code(s) 315-93210 Review Approval Kevin Dunbar Cvndie Goudeau Tina Wilson Garrv Brumback Bryan Ruff Bill Horne City Council Amount $220,300.00 Comments A portion of the funds will come from FOOT funding for bridge, the reminder from general fund. 03-14-2006 15:59:55 03-27-2006 14:04: 12 03-16-2006 10:29:22 03-26-2006 06:29: 19 03-16-2006 10:56:18 03-27-2006 11:55:55 Memorial Causeway SR 60 Civil Site Imp,"!>_ve_m_ents(06-0012-PR) BID OPENING - Wednesday, March 8, 2006 AWARD - Thursday, April 6, 2006 I 1 ........- .. i- BA~E BID ITEMS 1 [M(Jbilization/Demobilization ___2_1 Traffic Control 3 r Silt Fence ___..i__1 Raise Existing Sanitary Sewer Manhole 5 Raise Existing Stormwater Manhole 6 Remove Existing Drainage Pipe 7 ~elT1()\fE:lJ:..><isting-'2r~inag~lnl~t. 8 : Excavation, Median ... 1901~~:~~ng~:cn~i~'~~t:~tb------ 1-' ..1-.---------.--.-.----- .-.... __1.!...J!3inch Concrete Slab QTY 1 ________________T_ , 1 t--~i- 2: 701 1 1 750 I 2,140 ...- ---. .-,---. .- ... .... ._~51__ 888] DAVID NELSON KEYSTONE EXCAVATORS, INC. CONSTRUCTION _____ OLDSMAR, FL ..... PALM HARBOR, FL UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT --- -- LS $ 14,865.00 $ _1_~,8E35.00 $ 36,500.00 $ 36,500.00 ~S .... $16,~20~99 $ 16,820.00 $ 10,000.00' $ 10,000.00 . ~I"__ $ 1.50 $ 1,137.00 $ 2.00 $ 1,516.00 EA $ 1,972.00 I $ 3,944.00 $ 1,250.00 $ 2,500.00 -t--.--.n.. - - .-...--.-.--.-.. . .-.- -.--........-... EA $ 1,972.00 I $ 3,944.()() $_1.'?~Q.OQ_L_22()()'()0_ LF $ 22.00 $ 1,540.00 $ 50.00 $ 3,500.00 EA $ 966.00 $ 966.00 $ 1,000.00 $ 1,000.00 CY , $ 4.50 $ 3,375.00 . $ 10.00 I $ 7,500.00 CY '$ 22.DQ$ 47,980.00: $ ...~?()QJ$-53,50o.00 SF $ 5.00 $ 225.00 , $ 5.00 1 $ 225.00 I .. . - u_ .... .--. SF_ $ . _ _ 8.00 1 ~ 10~:~~~:~~: $ ___19.00 ~ 12~:~~~:~~ L~___ 1__19,!QO.O.o I $ 10,100.00 $ 12,672.10 $ 12,762.10 $ 111,100.00 $ 140,383.10 -..- ------ 11a ' .. ..~lJ_btotal (ITEMS 1-11) 10% Contingen_c:y _ TOT AI....E.~~S~~I~ (ITEMS 1-11 a) _~~i::~O~,~:~:;t;;d R~ro;~g D:-;~:NATE B'+= B~}~ _~20~~~ ;1-~.. ~:~~~~~: 6,00~~~: :::~~:~ 14 Remove Concrete Walk 3,340 SF ,$ 1.50 $ 5,010.0QJ~ 1.00 $ 3,340.00 15 1 Remove and Replace Metal Handrail I 1 LS ' $ 1,320.00 +_$ 1,32.0.9.0... $ 1,000.00 $ 1,000.00 16 J~ilt FeI'lCEl___- 548 LF $ 1.50 ' $ 822.00 I $ 2.00 i $ 1,096.00 17 : Excavation, Trail 402 i CY $ 4.00 $ 11-,'...76.-_08...-28..-......_90-.1._000.. r $$-- 10.00 $ 4,020.00 -18 -IEmbanknl~nt Fill, Trail - ---i;;~ CY $ 22.00 $ 2I 25.00 $-2,025.00 ~~:~i~:';:~:~~~~:;~~'h _ Pt:::-;N: _;:~: i: ~;::l~;:. -,:~:: I: ~~:~~:: __~1._L~sFhalt Pavement, 2-inch I 641 TON $ 148.00 $ .._9,472.00 $ 175.00 $_ 11,200.00 22 jCrushed C~ncrete Base, 8-inch 1 1,430 SY $ 1L?.Cl $ 25,025.00 $ 20.00 $ 28,600.00 23 Type B S_t~bili~a~on, 6-inch_ 1,472 SY t 4.00 $ 5,888.00 $ 7.50 $_ 11,040.00 _2~ ~ 4)(23-;ooh ERCP -'" ,__ LF $ 54.00 $ 1,72B.00 $ 150.00 $ 4,BOO.00 __ 25 Concrete Rip-Rap _ 16 SY $ 110.00 '$' n_ 1,760.00 I $ 250.00 $~,OOO..o..Cl. 26 FOOT Ditch Bottom Inlet, Type C 1 ' EA $ 3,401.00 $ 3,401.00 $ 2,500.00 $ 2,500.00 __27 Concrete_End Section, 1 ~X23-inch 1 EA ,~ 1,125.00 $ 1,125.00 $ 850.00 $ 850.00 Subtotal (ITEII/IS 12-27)' , $ 99,366.00 1 .. $ 119,555.00 ...1Ia _ ______ 10% Contingency 11 LS$ 9,930.00 $--- 9,930.00' $ 11,955.50 $ 11,955.50 n_____!.()TAL A.!-..!~RNATE BID (ITEMS 12-27a), ~ ! $ 109,230.00. l . $ 131,510.50 m~AL i::: :~:,:,::ERN::E BID WITH CONTINGENCliS~ I .... ~ (_220'330001~ . .1$ ~71 ,B~; 1_. ---icontractors Picking Up Plans/Specs - 6 n.l .. ..1,: -.-.-..-...__J._ . _ =t= . J _ -- _ l:~~::;~"~~;tt;~B;d'_'2 - _ ~ :=--=-+. ..' ~ _ ~---L- ===f= - . I _ .... I ~fo6:i~;~t~a~tl~g,vl~~~s _un . .....~jl.,.- .1 ... .... -..........-....k.. -._ --t--. I.. --=t... ------::-- ... _n_ jDOIPhin Constl1.Jctors, Inc. -. . l I ~~dpn~~~~~~~r~c~i~%~tl~~prebid _ '_ I-~ 1 .. .n. .. __ ~'_ u_ .. -. ..~= I I b City Council Cover Memorandum Tracking Number: 1,939 Actual Date: 04/06/2006 Subject / Recommendation: Appoint members to serve on the Public Art and Design Board beginning on April 1, 2006, as established by Ordinance No. 7489-05 (Public Art and Design Program):4 year terms - Joshua Bomstein, Clearwater Arts Foundation; George Ann Bissett, citizen and Alex Plisko, architect; 3 year terms - John Timberlake, citizen and Howard Warshauer, citizen; 2 year terms Davida Milne, artist and Mark Flickinger, Pinellas County Arts Council. Summary: On October 6, 2005 the City Council approved the establishment of a public art and design program by approving Ordinance No. 7489-05 amending the City Community Development Code. One of the provisions of the program was the establishment of a Public Art and Design Board to oversee a public art program. The composition of the Board is to consist of seven members. One member chosen by the Clearwater Arts Foundation, one member chosen by the Pinellas County Arts Council, 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. This Board would assist City staff in developing and implementing public art policy and plan. Clearwater Arts Foundation has chosen Joshua Bomstein as their representative. Pinellas County Arts Council has chosen Mark Flickinger as their representative. The following names represent the qualified applications received to date for the remaining board members: George Ann Bissett (citizen); John Timberlake (citizen); Howard Warshauer (citizen); Alex Plisko (architect) and Davida Milne (artist). If the City Council is comfortable with these individuals, this recommendation will be revised to appoint them as the Board Members. If not, staff will continue to obtain additional nominees. The Public Art and Design Board shall provide the process by which the City shall integrate a wide variety of public art and design into the community creating a sense of place and increasing the quality of life for residents and visitors of Clearwater. The City shall maintain a separate accounting of monies received for the Public Art and Design Program. Funds may come from donations, grants or funds allocated through the City budgetary process. The Public Art and Design Fund shall be used solely for expenses associated with the selection, commissioning, acquisition, installa atet City Council Cover Memorandum tion, maintenance, public education, administration, removal and insurance of the works of art; and the Public Art and Design Board shall make recommendations for expenditures from the fund. Some of the responsibilities and duties of the Public Art and Design Committee are as follows: 1. The Board will develop policy regarding the acquisition and placement of public art acquired through purchase, commission, or gift. 2. The Board will have decision-making authority in the selection, de-accessioning, maintenance, repair or alteration of artworks in the City's Public Art Collection. 3. The Board shall develop a Public Master Art and Design Plan for the approval of the City Council outlining priorities, policies and procedures for Public Art issues such as site selection and the identification of funding. The Master Plan shall serve as a formal structure in which to create, develop and maintain public art and further public accessibility to the arts. Members shall be appointed by the City Council to serve a term of four years staggered such that not more than three terms shall expire in any calendar year. For that reason the first Board will be made up of members serving 2 year, 3 year and 4 year terms as outlined in the recommendation. The Cultural Affairs Manager from Clearwater Parks and Recreation shall serve as the City liaison to this Board. Originating: Parks and Recreation Section: Consent Agenda Cateqorv: Other Number of Hard Copies attached: 0 Public Hearinq: No Financial Information: ~ Other Bid Required? No Bid Exceptions: Other Other Contract? nja Review Approval Kevin Dunbar 03-13-2006 16:19:21 Bill Horne 03-30-2006 09:42:49 Cvndie Goudeau 04-04-2006 09:31:46 ~ I:) City Council Cover Memorandum .. ~ "~ Garry Brumback 03-30-2006 09:06:19 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: Ms. George Ann Bissett Home Address: 2173 Centerview Court N. Office Address: e\) ~1;\(.,\\Y ~ \\]\t\(L,...."cc,,/\ "~Q) \ V{~J .--.... I ,,..> \ \', "'.1 , '., __\ ' <" '- ) \.tv \'~{\.;'~,L0 ,-:11 ~_# t Telephone: r).,} fJ :~ (..1 ')5"', :)'.-<s.;A .l~~ Z. 2....\' ,. >, <> I p.-.j . '<..~... ;; ''O) Clearwater, FL Zip 33759 TelePhone:~ l V') '1,1 l:" ~'lc, '-t'a How long a r~:ident of clearwat~~ (~ () ~ ., Occupation: \-;:'-'XPClA.t\ d~ .\ A \J e c.:xe.;.'... ~L Field of Education: 'v...l~ II ,,", -- 'r- C 1\i\""1 ' I; ~,h ,C: _ ,,~jl\ ~ \iVV\\ \JeN'~~' 1Jt \D:~V'd;\~.qe,(\ CL-(\' \v\ ~' ,~Lv'\ 1,~"~\1 :) 0\ \ , \h;\, ~\x:r' " X' \\.\) Ct'\! 4f~ LO llV:~::i~ .~' It ~\..J L.. ~t,A v\\l\ If retired, former occupation: -D \. 1 Community Activities: \;V\.i(~ti,U/\ -~ C ~ ,t \ \.J 0 y, \, ~ ~\V k l~j, ~'V'If\"\ . t\ -p,*:: \ 0 Pf :;~(.:t '". ~"\& V(t\\5:v'v .' ().t~..' '~',:., ~',( I ;,. ~ U"A "L,v\ \., Other Interests: ~Q Q(~(\ I,~i,-C ~). v':"'h~D, \Jc\ ~ V\t'*".4~;p--' ~(XI\A.( '.J <j T- .I " j i Board Service (current and past): Board Preference: (V\'\~~l!\,D~)yt:d \\tLQ ,. Ct\\tl\Ael".e.iA:;(i~~' h\J.e-. Public Art & Design Board " ~ ,,' " * ':..:;;c;" \ r,h{.\J.2' "\Jt:~~kt.l i<,,,,tt,. L lJ.J-I./- ,\ '." 'Z'. ". ('., 'u l.l \....::( ;-C,\c:~,~"l{ l'(\V, 'I.Ld)L:;"'}'f'..p''''t:'-\-L!..>l,..~l." 'nl1L't~t, Additional Comments: '.:1. \ D~i.-\..,L~_ \w:J.QL<-=: ioU' U'1'\\ U-k:~ \,ir('l ,J;~ CUt:r/),j,.,;, t.\.c",_ e-.' Employer: ,~\) llv\A edvl',,\-h Li\ 'e ~i ~ ~ (~~V\\'e 'II" Other Vv'ork Experience: , . '. ' , ,. ,. (' ,~. ,,~.,.. U 'In vet;;C;;,t1u'r l\..:j ,L~l,-,('L.t\S:_ Cl_{ . . ,," i' ,,' \'h\ j l\~'" C" t-{ -..i(,l~"J.r\-<\" ; Il - 'l 1-f \L .,. 'I" "'; f' h \ . . ': '1"/,,,. .... ~ ~ ( LY, 'ne.....'1;::= ,L 'J !")V\,\VIt\L';'i...: ""', .. /: (At. . .. /,-:LJ;L. ,,~.(iJQ a"Jj...;.. U~}~Sl-lc..t.J ~-~'''\ / ",. /.L~ rt '"ll' c' r '. Signed: \...j~'t(!'.:\-i~l CL:.'v.- 1 !~ /~!, , ~ Date: ,,/ (U,"E.;t/I..~~)).,..l.a.::C>~:d (\ (\ \ I See attachea 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. BOARD QUESTIONNAIRE What is your understanding of the board's duties and responsibilities? ~.. " i . ~'i . " J, . nl ,,~ "\ - ~.... " I' ; '~ . ,- J........ / -.... _ I J \} , '\ '\ . I J, / ,I " ,r'<.....t 0) '\ .. ~i '..... ~ '-% t'" , t; <' 4 /' I, \... V. ~_.>'" ,\A,A -. \...; ~vV_ ,-", l,',H >, '_~ - ,\'" "~ ',,} '-{'. '~-'"_ ' "'. " \_.~ .""""'- 'i. '~__ , t ! ; f ;: :/'l' \ ' ' ','~> - " ,~t't d.t<. CJ,:~C\.~. .:,.l~~ {"', '.. -:\t:'.: 1\ : ) '" "I' l. l.i\~' l f) ~ CJ.1.\ '\'\'-Vt< \i\...; . "..,::~ , \,,-~)~.,',_. l(\...\ ~~_!\~),C) -r'lei \/', "\. (Ui,.L"..J L{~~V\"..vV\>,,:ttQc.:~ '-~' l CD "'t<V~:<L,-f--t, ,':A'::':'f5;"",:r'1d;,L<t ,~\'>)U~'\s;;.." ,(oC~. "jt~~~ ~\A.;.,c?- ~~f;e(i...0[~ C(;)\t\/\VVIU./V\A.J{J.L.,>, j (L~'t~t/~ (~'--'-4"1 (~,_llL~\L~.2"\G ~~~~ L~:.-:;J " r\ 2. Have you ever observefa board meeting either in person or on C-View,tlle J .."-'~ -, City's TV station? 1. .-;--' \ e..rp I '"-'. l~S:,,,)_) ,", (.',' ."" -.\ :':) ,':'f,...", {- /,' ",'. r; c,l(.\.L'4;; ,,;~ v'i.'\C'L ~.: \ . ,. !\ .~., . '"":'"' -, ~--"'~' '/,,_J Cr\/'-., ~ \.dl etA /d, i A../\', '~"""."~:C-\,'''-' 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? ((~;j~~' ~CLA'l~-3 (~'2,>,.A,,::>_, ' C( L\Cl- V.....31)\..i-t..vt., " ',V'-.J "121.0, lV}, .c1(.,ciL-; G~)'" V V\- \ ~\;~~ .' ~J \ ~Atvi~i2; vt-I.Q ,~ n ! i' V~?:; ~/ ~\kCiUV\.,LV ,~~, " "..... ~~ (\;..,j"--'\ I I' U11\ ' ~,J I:} v ...A-. ~~.,=__ _ ~ i . l..C'(::/' j~_ /.1 i,A":';l'J A'~";: r) (Q.,'L {./ , , v .', ,.1\ if'IJ'" ~ / {'.l- "J.:\,'~i}';; -(':-C . 1,.......-'\.... v ~ ,.io;~ \l ...\.- , . ,-It; /', .' /. , \"'''';''l .....Q~;X-.. LA' ",,,,/ lr'oL VV'...... "J , 4. f r I.," .c>,.:<, '-.... ...-,_? Name: Board Name: CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: Mr. Joshua Bomstein * *Home Address: zq,?~ I}J~I CoA-ClffVIAtJ /Wf:. ~/r7VIPA Zip ~ 16 'I Telephone: <61'3 - ~:3~ - CJ () g- =1- How long a resident of Clearwater? Occupation: G N"'f)LkC-'T7J'le. Field of Education: I ~ ('D1-O~ J ~ 1i10f'i &v &/.JiM. Office Address: Creative COntractors, Inc. 620 Drew Street Clearwater, FL Zip 33755 Telephone: :t 7.;::f- - '-/ b I - S S -z:z_ EmPloyer:C~l.J~ Co.,J~ (,.{L. Other Work Experience: r:pus..\~H1~6- - Mc-~- H-It..L 6f. If retired, former occupation: Community Activitie~'A-- t37 \j/~T1"~S;ttl ~/ ~A-'I1 v'~~+- B7 Other Interests: s;~ I ~, MlHfic. Board Service (current and past): Board Preference: Gvl.f ~A'?T UItf'TIfrt. O~ ~ g/.../X1- .CW,Je-'L Public Art & Design Board ~( ~ M~,.Jc'r ?a..~S"t"rJlr1. c;'~l~ ~In~ ~ ~tJoA-=rl-J **CLearwater Arts Foundation member Additional Comments: Signed~ ~~ Date: ~f'6/()b { 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. ---l \ BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? ~ W, ~~ cr', r D~'O ~ a-f~'O ~ o-vf ~ -h ~ ""~ 1L~.,.H ~~' -..-.'~r~, ~. 1 wvt; { I ~.- ~ ~~~ ~~ r-~' 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? i~' 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? A-s "'- ~~, J "'- (f'f,'.,.,J-ly J.e".,;.j;K ~~ v-ub 1 ~; U'>o t........~;", ~ -f,s- ""sf ...l(...f1....... -~-f:Itl.., ~ j ~~ 1iu ~ p- ~~ ,,, ~ .~ i1- ~ ~ MJ 0; F~ ;;:r ~. 4. Why do you want to serve on this Board? N* ~ 0- j g, >t~ ~ ~-"- lR ~, lr--r ttt~ (0,.!;'rl ~~ ~L.) ~ ~ i: wdj. j --1-tr r-;i,""~ ~~ l.dtA-r/~ Uw ~ ~ ~ 1t'<-4.-..'+-ito;~;hJ ,-"".I.4s'f,J ~~ .,....t- to k ::;~t;L. Nam-:-:FfIV.4- ffrnzsmJ Board Name~E'ifl~6t--lc A.z.-r -1" \f)~ic,..J ~~ ~ Name: V\ j J 1/ , tl \ "- " CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) ~t-~'I' \'. ,,' -- '"',' .. .I' <.. _:r ,./ ,( C, h lIIIY_! Home Address: .1 . --::; L\ I I II \ \ ~J- f\.. j ~ t ....<C- \., .j I. ~Ir S:\, t\:--fe.r5 ~v;-:'v .. (I- Zip 337D!-1 () I Telephone: 1 :1'7 -- &; (I .1 - '6 '2) 0 (I How long a resident of Clearwater? f\ Ie, /2> \ '\ \ t' "'I) Cf. 1 'w i Occupation: \ v \.:.) ~ '- 1- ,-:" t ('1; r, roc. 'vi D,; f'LI n (' Employer: t i ~\ e \ L:..~ Field of Educ~tion: ' ,,) Other Work Experience: or-=: " ,..i, .l.'"",, , , ')"D /.') \1 1\ 1- ct C-., V , (exI \\-\..Ci/~ ( '", l) t: <; <\.\ ._. \ k \. , J J t.c C r\"c' \ \. ~ ,I \)\ (tv\ cl S(d.. )) f r c \ t1eLTc \ e- !\ Ii.... U IV! e ( Ci f4...,Av tJ c If retired, former occu1ation: Community Activities: ~t td e(' I '0 i( vi L~ Office Address: l'] S;',/. c:; .) ~.,.. v' '- (J e l( (l/u .:d t:( I Telephone: 7.J...t .}L L;~ \ l5{. f-L N. '<l-' \ '~<:.. 2 '..Is 0 Lt : "')) 'J.. Zip') ,~7 C~(-' 78 ('t. Ct,. .!\c--\] (~ U ,\ ( ( i ~\ Co G .\ c~ \ c S (; ;\.. - ;\.2. y Other Interests: .1'\ rt ) 'E ,^V'l ({,iI V"~~\ ,;;~ Board Service (current and past): hcA)F, "'A~, o~- Sc' S "', \",-,-, lei 'Tu { '-; C ,/~. i\ z- f7:~-r lor 1 ctt }\ {,} l/CC t4 \ Lv\.. cf-Y>._)\ \ .~. I\(~ Additional Comments: -rt~ c~. v\..lt" ') -'\ ,~.) ;'f~', ,; '\),. .L +'.. l- , ~ J' ...., r~l,) \'---'-' ~G~' Board Preference: P\ l 1- '-\ , . ^, \-\..1, <A.. \ '} \ \' t-\... 0 ( S .; )('\ ,r; ;' iJ \ [~ v ,-'\..r -t I I ' Signed: Date: /1,,1. ! /l.-c "l ~'Cf, It: .~2 (](' r;: ) 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. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? r~R i'~: \.j , ;~~l;V J i" """ i,'I- L~, C c.Gn-.'Y\,v'-\. c-': '--1.. ,_.tl~~t'.\ t. ,.\ <~__t'", ---r.., F (, ,,"'/ "'.' . .. '. . .', )'~~_: .. "),>- t.. f , '..', I '" \ ~':;"n co' \ : \ L ,~ "\", I' j ".--);.. ,J.t ) I c... ~(.. c) / J ., \\ \..\.. . ~ \ i.,A . .'~ ~ ,-J ...''-\ \.J' ' r-\. ~/l, , ~;,'~ \{ ~ t./\. ..; '\ .. i (;,- \~---t ':l,.\..J. , h, l) \. c... \ ~.--I, ,- ,'-. -~.,- --:.::' (J ;, {'. ' ~'''__. ",,-..- _) \ . \ cl, \.-'\.-t-;\. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? L..t f:~ 3. iil/nat background and/or qualifications do you have that youfeei wouid qualify you to serve on this Board? C:'j -( (" Q :~\L .~; e. ( v C I '"\) /\ l \ '- /\(t ,to '0. II 1 ~ ~: I,,\~:-. \ , .:'\.. \~ t~~~ ll.....l) ,,\ ' " .0 ,.L. . .r ( /\' \ \ c<- Ie , L-"-.- "..".-~ L, \'.., / A ) . .-.,' "-' '. ,- ft.) , "'\",- '4:-) c.'c) \J l\.. ~i' ( - n \ C () I t, Vl L, --::- C ( J\...r+ / { /"\..\ \'7 l"LV'\..L~\ E 'X: 1....' l -t., ~\.\ ..~ .L 4. Why do you want to serve on this Board? ..._---- r C_' I l '(. I, ~ l {.\~ --{\; .~ 1 "\ j'\. \lvt 'I j Name: \, \ f" f If I", ".. 1'\, "'l'.,'.'~" ,'- l,.r"~ ~ .i.....__ ~, I 1/\ Board Name: 1 \/ \~'v\, t :(" "i-' I. \/ J - I..., ! !~. 1 .\ t. be '-.t.... L~ _ '-- \.'2 ',,- \ 0 lJ ;(., l\, ,'~ i' ,.\ ( _ l ~-""~H{jl L.... ,,-' \ -L-'") f\; \ .. ~\('(v -i~ \ \\ \ .)~, ~~-,... CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: '])A'\/l L)A- /V1tl VI CJ Home Address: jC:i'L){/J Cl'flfelttvzd /7~r r. j'f(l rtlkt if V Zip ?53 'l5:Z; Telephone:~ll-2jc {.=j How long a resident of ~Iearwater? S '3 (I r-/) . Occupation: A-,J-{L)'+--- Field of Education: L!nl L}(r/~i~*J-ff ~LJLtft1. ~tl ct? .-: J5A-- :kJl'krdJ-'7LqXl/1t1) 5cu Ct I -:7dt i1 elL Office Address: Zip Telephone: Employer: Other Work Experience: ([;11~J~ ~tf6 -Pet t;:~.. Ja"-h,(TY~4 " If retired, former occupation: . . sqmmunityfctivities: Yf1)t':S6:1 t7u:d ~x: rtdiOYI 0,f -1 FtSoLI ~ I+fti~fs (PAL) It) 'j)'lvl1lCi.{(j ~!t/{ t- 11/17;; Other Interests: Board Service (current and past): I . , Board Preference: "~rtJ{~/~) I'l!>)/tc( Azhl(, D-F VISLl Q I Att15+S Additional Comments: /J' / f.....~....; /: , /'>., j , LL-,ZL'L_/ Date:~.5 hal /t)(/. , 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. BOARD QUESTIONNAIRE 1. Cl r'~ ., L, Y:~ & {'-uJtJL' .' (.....- 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? \ /'f! L7 1 (.- "'""-1;:-) 1 I .' /1, /lj 'f" ' Name: '. /-h L' lDf\~ l v'l't:'j Board Namch,l bile r1d/{{ ilo!UfL7[ (J F11~)4 ({) Name: CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) A f- t3-x P L- I ~ I ~5'c?,./ tt... I How long a resident of Clearwater? Occupation: Ar<.L-H / ~? I Field of Education: (3 {iF A7)2L.fI / 7tJtTl,J/l~ I fA or: P , . Office Address: 6 c; cJ D lZE-'V,-J 'S r L'-:;: 1.-& A .(i/..JA re'vL Zip 3-3 7 l?_S Telephone: 727 j 4q.., l..~j ) 2t:JQ 'I (E7:.\;;z.. S Employer: Ft.! ~/~o AtfL)-! /7l;c..J7..//(E PA Other Work Experience: /Cf7Z If retired, former occupation: Community Activities: Other Interests: Board Service (current and past): if il) /tVI"q /1.) c.-6 /3 0A t2- 0 !7G-Z;tb;vl 60AYLCJ CCJ )3 ;'::Olz... 'Z7l;:r(j~ '7 Board Preference: PLf 8L/L.. 1<) J~I lQ;v)C/ j D€SiC-? tV /!::)(:)A/'~;J Additional Comments: /'~;----) . Signed: (;;:z.<:rt--4 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 SeNices Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S, Osceola Avenue. Date: r-Jj., -, /, <'7 ~ / c:,....-_/) V . (../ L BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? ,."1. 1"}I..) j<ll'"\.i~) .:3/flOc/./ 1;Ji3LJi/lO!) PC'L-I GY" t'2..e-~I'J I:2..V //;L./ Co... f i lOt 'vt J /J Lt <}G6'},-Vj {;)Jrv7' :14 j~u { c.:.~ 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? .~ ,--L- 114 u e:- 5'/d'k!.. U{j7.~ CfJtu C ~'?-yK~zt Altsl,-- bC/lv /z;:J '7 F- () FL- . 2 5 '/E70 l2- :; 3, What background and/or qualifications do you have that you feel would qualify you to serve on this Board? /I/J{/6~' ll<I(J~ 1768Q /'(9 ~ .- "-:7 A~ 'Y.;J S' /t~i r;;' 0 A ~ 'r B 1'0 ;"l. eV P c:'/-G. Ar<.t<IA -1l57Z I 19 "'Ul /1};(6# / ;:tel 77-/-g- u i r7' 4. Why do you want to serve on this Board? "3!e:y<. L/bl? 2- 'r 67ZtVl c? C /LJ C [/8 ,(,f}':/'Vf::7 r;()C'/lt c [;;J ,i-I !<{:;= Tl) C{JN r / Ai /4 /2" /)' 672 J 1//..,/6./ /7-16' c;. il / Zi571'J S r.:'!Y"f? ('::-i-cs~N' LUAmY'L- ;=ll C; //;., tJ /I ,- ;11 f Q , .... [/1 J r /9 r\.) [' Board Name: j/c/ I) [-/ C,. t '/ 1'2..-' _"':-J t l.:J7C-r:/./li// .,l' ,.-.., ~->..>/ (,' ,/' --- "'.->/ Name: ALEX. t)L:;;~1 0/'-; V '_I f 0:.... V t 0:.... V'V' V I V . "'T I I n ~~ I L I , I '- 'T ,. V OJ I II-L.-L...L..LO:;:;;....:I I -L. U I .LlAU Ll.... V 19JVVL/VV,j Name: CITY OF CLEARWATER - APPLICATION FOR ADVISORYSOARIDS'\ (must be Clearwater resident) JO UN P 1'/iuO€IllAKt; Home Address: Office Address: Z~/ fw~fffrJ"" tJltlf ~. 6DI ~/J. ~~IW I<J.. ,JOrrH Cle/lfl.t.AlItrt:.rt Zip 3 "/?{, I eU PrfI.WIt Iv Zip ~j'l{, ~ Telephone: ( 'lZ?) _, s fiJ - '15 ~ b Telephone: ('71.-7) 1/2- - 1/'1 D <- HOWIOngareS!dentofClearwater?~1"f 2.1 f!IVS)- ,1'-1 ~~&-M$ A" Atlit-ao; flJlJue. Occupation: P"'(cbf' 1 (~l~ f)fflAfrHlS Employer: P",lti€.S F/AJIlit>A LL-t!.. Field of Education: Other Work Experience: 'B. A . - HfA.tItLAAI; ~e~ .hbJw..l.ttti a~I.tItIJb ClJLJ.eGt AA.itJut-' Ml.1.S'ie- - Lf (Tb6 ~lf+;()NS: All I ",v ~ werle - !\O;.DlIWri116 CJ.^"~~$ Ro/~~~~)o.J~ I ~S~ bAIl If retired, former occupation: Community Activities: gl>~ Df 't:>.'re.tbr~ - etw4)p;jtU ~ I~J ~J,IY of L1^'....C'rc~ iDAf4 0+ :Dii~rs -' C~rwAto4'"' r;,.. y~ ) rn~1" Bbt>: ~vurMWf ~Il, V1l1~ Other Interests: M~Sic.. f~t, /'rt~. {}p/$ ~fu.r~ .- " . Board Service (current and past): Board Preference: AJOtJ( P&J'''~ Ar.f- A J.V/SD r~ 8TJO.rtl Additional Comments: .:c f.NDt.ut). v~7 thw:J.. ~~ 'ft.... l'fFD mil;? --/ZJ .se;ve.. ~ ~ R~/..(;,. 1tr.J.. IfJ.A$>o~'" i?lJl1rr7/. " Signed:~cfI~ Date: 3-27-06 See alla:ch~ list for boards that require financial disclosure at time of appointmenl Please re\Urn this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater. FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. I.) 'J / c... U/ L. v v U I U . '+ I I n 1\ I L I 1 I L '+ "t V U ~vvu/vvo BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 1b rUtllrd /h.J 1YtMr- f)o~~ fr-1:k vIEW ?uil,,, /it'l- I tt1Jjrf,G!let iIV me tt~ ~I tLtdA)lffe/l. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? Y~L BorU. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? ,j.s, - Jh.m.A1vi.fju I hitJ1t~~.ett ;ntJiJ/lleJ Ii.. f'(JItIH fie. IkAl-h.c;h~n. -r~iflk /r-~ ddl? 5~~ Vlf(l"1~ ~~--., J~ Iliff 2-r; ~t;( ltJ.iJl--rh fJ..i/lru I /:;tv I~.r t>;r},H~ pttiJf;;, At"'. ~ VMj ~/'M' "vIi<<, ~~~ . - Wotl( ,en. P~i 1~J.1.~J..A. rruJ-lif k WtUu ~ 'JW" I ...,L,lh h'1J' A l!4.h~_&t_&!i,,~c.~., AIlptf' i~D(brt\H, - r btJf'~e,,',) if. 4. Why do you want to serve on this Board? r hd.;~ r ~ bri".} It Pfu~.t/~ of ~I~n.(. #JAo work, ,Iv ~ ;l11\A ( ~(tt-Q f '#" hItS NO kAt +oua,J. Itr-f. --:J: fA),.~ ~ S'.ee. e/~~ ~Lw:t.- if,' p~~'c Itrf wl11" ;"("u,s 1zw.rk b/.IJint5$. - Name: -1orlllJ 'P, ~iMBE'eLA~ Board Name:J1.bJI', At.J. AJ"..~~ ~~J , L____ CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clemwater resident) Name: Mr. Howard Warshauer Home Address: 808 Allen Drive Office Address: ~ ,rVl I Clearwater, FL Zip 33764 Telephone: 7:2 7" '1'1.2 - 7 Y 1/ Telephone: How long a resident of Clearwater? / f 7 e.4.r 5 Occupation: (",,5 vlf (J., I- ulf8f1N lee ",1i:c I(Ut-r~mployer: sfr Zip S~/F Field of Education: Ed vc.A.I,o f1 - 7e-A~(~6- Other Work Experience: (;over.yMen T - ' 0M.......l~~/D ~r- Proj/l"L./ ~~a..J~ .Me&{ T JJbr~r J>rlr('1 ~~A..Je ~~"\ I If retired, former occupation: Community Activities: ~l j k J - Lt#d I7r yo, ... 11..4 tl"-.); L, 1J'Lto Led< JlA.<! ; BIJ y! -r/rlrls C/~~' SuA. -re.~r fVlv~ii_ y. IJ,T k-,t;LI~J I' / Other Interests: Board SeNice (current an past): [wt..tT P..J.... 8~410BOard Preference: Br:ty5 T t;-Is. C./~" - tu,j$ Public Art & Design Board Svl1 Ie~r Wf~ c.vrrt,1/ T - [bnN/tter J)6Mo1.c~1f &r1N?rsJ.f . Additional Comments: II(. Te,-e.J.lccl i,.... Ael'~b,.-k 7 -tie ~~ f~ (:Lvii j d~4f 1b~" re. VJOTLII2.4 1:-P/7 Signed: ~ /t2/~,-~ I' Date: ..l - 7' - C> C 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. ' BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? -rAt:. jO&r-cl U/;/ ~~p Ii../} ~;-T..;- oJe~;O;? h1~~ , ./ , -t,.- /<>U~ -J1<ue"j c!-.-/,. /4/''7, ;;"... A~/.s-;~>? y- Z ~r. k. ~ . - /JtA~;'" ~~~ r~~eur~:rr; & C//f~....r /b6tc ~,T ~;,f{C):~~ if v' 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? y~s , ~;1.y / 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? .:I ;(...."e V/~/ y ~,.-pec/ P?? ::;; 6 tJ ~dJ y-- C-#?f.<.JIf-< /~ e.r c1e./2 ~~ _ I? V tie. y-" n ,,'w /to ~;?ir-~ ,.. t./ / , 4. Why do you want to serve on this Board? .:T kj~ ~/ ~vj,l/::.. c-rr ~.~ Oi~ I' ' /-rP-NT e.~-T tf JI- rl'~ 47 ~ z: ~/ /-'4 C~~e-r- 7P Ii ve. ;' r-=7'- f~ Ie" ~r-/ Name: 1I~4l.rj 0dl.r~i~ r- Board Name: /-fDtA..Jt:Lrd fA) tJ.,.r- S ~ a.. u e.. r City Council Cover Memorandum f<u - \ 1/.7 Tracking Number: 2,019 Actual Date: 04/06/2006 Subject / Recommendation: Approve submission of two grant applications that request funding for hiring of additional police officers for the Clearwater Police Department (CPD. . Summary: CPD has the opportunity to apply fortwo separate competitive grants that could possibly provide funding for the hiring of three additional police officers. There are no retention requirements associated with either of these grants and no guarantee that grant funds will be awarded. First, CPD will partner with the YWCA of TampaBay to apply for the Juvenile Welfare Board's (JWB) Targeted Needs Based Strategy Funding/North County Hispanic Services Grant in an amount of up to $276,000 for FY 2006-07. JWB is seeking an agency to design and build an integrated system aimed at serving the growing population of Hispanic youth and their families in North County through development of a community alliance. The YWCA will be the lead agency on the grant application and will partner and contract with CPD for the provision of one additional police officer for FY 2006-07 to provide youth and gang prevention services to the Hispanic community. The grant application is currently being prepared by the YWCA and is due on May 8, 2006. There is no match requirement; as with most JWB grants, future year renewal is possible. The application will be available for review after submission. Second, CPD will partner with the U.S. Attorney'sOffice for the Middle District of Florida and the World Relief Corporation to apply for the Law Enforcement Task Forces and Services for Human Trafficking Victims Grant from the U.S. Department of Justice, Bureau of Justice Assistance in an amount of up to $450,000 over three (3) years. The Department of Justice is soliciting funding applications from law enforcement agencies to develop a local task force that will identify and rescue victims of human trafficking. CPD will be the lead agency on the grant application and will seek funding for two additional police officer positions that will be dedicated solely to the investigation of human trafficking activities. Other partners will include the Pinellas County Sheriff's Office, the Regional Community Policing Institute, the YWCA of Tampa Bay, and the Bureau of Immigration and Customs Enforcement. The grant application is currently being prepared by CPD and is due on April 25, 2006. There is a 25% cash or in-kind match requirement, most of which CPD will be able to achieve through in-kind expenses. The application will be available for review after submission. Originating: Police Section Consent Agenda Category: Other Financial Information: ~ Other Review Approval Sid Klein 03-24-2006 10:09: 16 City Council Cover Memorandum Cvndie Goudeau Joseoh Roseto Garrv Brumback Tina Wilson Bill Horne 03-30-2006 11:15:05 03-28-2006 07:58:25 03-30-2006 09:07:45 03-28-2006 09:09:20 03-30-2006 09:43:28 City Council ~g~nclf:l~()ver Memorandum ~ ~3 .~ \ iI,8 Tracking Number: 1,988 Actual Date: 04/06/2006 Subject I Recommendation: Approve the final plat for "Costa Verde" located at the intersection of Countryside Blvd. and Enterprise road adressed as 2506 Countryside Boulevard. . Summary: * This is a plat of the Countryside Executive golf course and is in sections 30 & 31 township 28 south, range 16 east. * The property is within the city limits of Clearwater consisting of 44.3 acres more or less. * The final plat will create 240 town home lots. * The proposed project was approved by the DRC September 29th 2005 and COB February 21st 2006. * 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. Oriqinating: Engineering Section Consent Agenda Category: Plat Files Public Hearing: No Financial Information: Review Approval Glen Bahnick 03-13-2006 09:34:14 Garrv Brumback 03-23-2006 16:02:00 Michael Ouillen 03-13-2006 10:46:56 Bill Horne 03-24-2006 08:04: 13 Cyndie Goudeau 03-24-2006 09:23:25 Location Map --------------------- J WHITE OAK D~ TULIP TREE I \ BANYAN DR (f) (f) <! a.. 0:: o 2: !fl 1 lJ.J ~ U Millwood r---J Z [ COVINGTON ~ - I~ WARWICK I l RD ASHMORE City of Clearwater ~ Clearwater N Public Works Administration / Engineering w4p-. Executive Corporation of Clearwater, Inc. o~ ~ s S.K. T.M. N.T.S Drawn By: Reviewed By: Scale: Grid # 221A S-T-R 30-28s-16e Date: 03/10/06 /:.:-,\;'(: -- d ,-) City Council Cover Memorandum 1l,C) Tracking Number: 1,966 Actual Date: 04/06/2006 Subject / Recommendation: Accept a 149 square foot, more or less, perpetual Traffic Signal and Utility Easement over, under and across a portion of Lot 11, COLUMBIA SUBDIVISION NO.5 conveyed by Fulvia DiVello, Trustee of the DiVello Land Trust dated August 10, 2004, as amended and restated July 1, 2005, given in receipt of $1.00 and the benefits to be derived therefrom. Summary: Westra Construction Corporation commenced Phase 1 of Beachwalk in mid-January. This phase of the four-phase project will run about twelve months and will provide roadway and pedestrian improvements along Coronado Drive from the City Marina to Hamden Drive. The subject easement encumbers a portion of the Grantor's Seastone Resort at the southeast corner of Hamden Drive and South Gulfview Boulevard. During the first phase of Beachwalk the City will erect a Florida Department of Transportation approved mast arm traffic signal within the easement area to control traffic movements at this busy beach intersection. A copy of the easement documentation is available for review in the Office of Official Records and Legislative Services. Originating: Engineering Section Consent Agenda Category: Agreements/Contracts - without cost Number of Hard Copies attached: 1 Public Hearinq: No Financial Information: Review Approval Michael Ouillen 03-07-2006 11 :22:20 Garrv Brumback 03-23-2006 17:25:32 Laura LiDowski 03-16-2006 11:54:03 Bill Horne 03-26-2006 14:51:01 Cvndie Goudeau 03-27-2006 08:22:38 B~ll!mJQ: Earl Barrett Engineering Department City of Clearwater p~ 0.80><4748 Clearwater, Fl. 346184748 RE: Parcel No, 08-29-15-11640-000-0040 TRAFFIC SIGNAL & UTILITY EASEMEN'r FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom. Fulvio OiVello, as Trustee of the DiVeUo Land Trust dated August 10, 2004, as amended and restated July 1,2005 400 Island Way #703, Clearwater, Fl. 33767 C'Grantor"), does hereby grant and convey to the CITY OF CLEARWATER. FLORIDA, a Florida Municipal Corporation rGrantee"), an easement over, under and across the following described land lying and being situate in the County of Pinellas, State of Florida, to wIt: A portion of lot 11. of COLUMBIA SUBDIVISION NO.5, as recorded in Plat Book 31, Page 16, Public Records of PineJlas County, Florida, being more specifically described and depicted in EXHIBIT "A" appended hereto and by this reference made a part hereof. Containing 149 square feet. more or less (the uEasement Area"). This easement is granted for installation and maintenance of one Florida Department of Transportation approved Traffic Signal, including base, pole., mast arm and related utility connections (collectively, "Traffic Signal"), The CITY OF CLEARWATER. FLORIDA. shall have the right to enter upon the above-described premises and to construct,. install and maintain thereon such Traffic Signal and to inspect and alter same from time to time, In the exercise of rights granted herein Grantee shall in every instance restore all physical impacts to the Easement Area and any adjacent property owned by the Grantor to equal or better condition as existed prior to the exercise of such r1ghts, C:\Do":lllliClltS UllJ Scttings\uscr I ,Local Sctlings',T anporaf)' InlCr11CII'iJcs\(\mlcnL I ES'.SSH33lEY\DI VELLO fHAFFIC SIG E.-\S 0:105.d<,<: Page 1 Grantor warrants and covenants with Grantee that it is the owner of the fee simple title to the herein described Easement Area and that Grantor has full right and la'Wful authority to grant and convey this easement to Grantee. It is expressly understood that Grantor reserves unto itself all rights of ownership of the Easement Area not inconsistent with the easement rights granted herein. This easement is binding upon the Grantor, the Grantee, their SUGcessors and assigns. The rights granted herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual agreement of both parties, or by abandonment of the Easement Area by Grantee. IN WITNESS WHEREOF,/,t)jle undersigned grantor has caused these presents to be duly executed this ./",,-?l:"-day of '=4r'/~) ,2006. Signed, sealed and delivered In .~he presel1qe of: i'/l,i.... .1: ."~/ /1,,/,'1I( l~. ./ /;7/ .. l/J.lhj..... t:tf' .~f,'-' 'J;.x' / L..I' L./ vv v::J:UJt tC/[t W IrN~rS isign,ature ( 11 r (;, ( j'{f"r6!A.J; Pnpt Witness Name I . (, .~\11 N 11 <')1(,'/'0 n f Jti I, r.): .~JINESS s)~natun~ \ \y It Ie t\, ) \? 1\ ~Yl n I C. Print Witness Name The DlVello Land Trust dated August 10, 2004, as amended and restated July 1, 2005 \../.. " '1" /' / ,.?.. B . /' , I' r. (' . leO' .+~, . . y.: \)i"(~""I\}"'>Y , :0':' t """"e:k~ /1_/ , i;C " , Fulvio DiVello. Trustee STATE OF FLORIDA : ss COUNTY OF PIINELLAS :, ,_{TJ1;; foregoing Instrument was acknowledged before me this /~~ of - t.?, ) , 2006 by Fulvio DiVello, Trustee of the DiVello Land Trust dated August 10, 2004, as amended and restated July 1, 2005, whom, being duly authorized, executed the foregoing instrument on behalf of said trust. and who acknowledged the execution thereof to be his free act and deed for the uses and purposes the!flJDexpreS$~p... J I ,} ?' // _\/'J' (/ \,,:.i ' F '''-''-''''/:):7 ( - 1- if I (' I//'c:vf \ . /lC}>,-, Not~l n~!~9 II ~;'lrlo!l9a ., J 11f.,' \ i-' Type/Print Name My Commission Expires: C~'~~d Personally Known [ ] Produced Identification Type of Identification Produced C:,Dn\:U1m,"nts .md $Cllil1gs\ns~rl'.Lo1.:lIl S.nings'T1.:rnppr<1fY Int,'rT1ct fik:s'OJn\CfH.IE5\S5H3JLEY\DIVELLO rRAffle SIG EAS l).~05,d;H" Page 2 II CONSENT & JOINDER II The undersigned being owner and holder of an equitable interest in the real property described herein by virtue of that certain mortgage lien as described in that Second Amended and Restated Mortgage and Security Agreement dated November 10, 2005, as recorded in Official Records Book 14742, Pages 243 - 275, and that Mortgage and Security Agreement of even date as recorded in Official Records Book 14742, Pages 284 - 315, all in the public records of Pinellas County, Florida; by and between Grantor/Mortgagor and Fifth Third Bank, a Michigan banking corporation, Mortgagee, does hereby join with Grantor/Mortgagor and consenl::> \0 the grant of easement as described in that certain Traffic Signal and Utility Easement dated re.!>.rt.,ll1lty 11/ , 2006 as conveyed to the City of Clearvllater, Florida; and hereby subordinates aU of its right, title, interest and claim in the lien evidenced by aforesaid instruments and aU other instruments of security as described therein to the easement rights as conveyed by Grantor/Mortgagor. Signed, sealed and delivered In the presence of: FIFTH THIRD BANK. a Michigan corporation authorized to conduct business in the State of Florida, successor by merger with First National Bank of Florida, a Florida banking corporation '-Y .' "/I~" " ,./ . ./;.... / '.'~ ~ . (." ~ ....... ~. ..' , . ,/ . .", -.,..' ~~ J . ." . ,'. ,. .....- ,f ...0.' "". __/"./ By.. r\L~'/""'r",l,',. t~,a,.-',~~.... ; Print N~me.-R ' L ~l ~4i1'j' L. 6'}.i !.ru.-;h..) Title 'vi;. < < !"~U'4..I<I~~,~ (if (' Print Witness name" " '~.. I~ // . C..... \:., l ,/, . I. /1 ;' <~::;if d.,t-<~'"'-~~ Y~it~eSS,$jgna.-t.ure.. I_ v lC 1::.1 i=-c.~.c."llA! ~-.\ Print Witness name STATE OF FLORIDA : 55 COUNTY OF PINELLAS The fQregoing in~lru91ent was acknowledged before me Ihi~ rl N'aa)' of h I :J i. ("L t' i_I , 2006 by '11 (<}I (( t (I (!.If I Ii 110 {I, ,as Ui' j of FIFTH THIRD BANK, a Michigan corporation authorized to conduct business in the State of Florida, mortgagee in the above~described lien, who executed said instrument and acknowledged the execution thereof to be free act and deed for the uses and purposes therein expressed, and who f;.i] l~~ per.sQ[lally.linowrU~U!Le or who [ J did provide / /~,sjdentifi,~atjon. (-C. _ _ ;i~~~-~~ \~,..::.:,':::..:t'\~ci::''''" ,,(3.\<:'.' .;:7./ M N9tary ~ublic - State. of. ...... (l f'~ 11'/(1'( U ILl "I . " 1; It. ,; I ( (. S Type/Print Name w,_"_~~,v".-m,__v_~___~,,.-_~__~ .,_,_,_ ;'_";_,, """-"~<;="-"~-,~-",,,.,,,,..,,, --~"---".""~"";;;";"';'>""_-'-"'_"'_'-------"_"'----'" -"'---"'" SECTION a, TOWNSHIP 29 SOUTH, RANGE 15 EAST PINELLAS COUNTY, FLORIDA TRAFFIC SIGNAL EASEMENT G'~~ /.;t(: 1t SO,-,J.s.. ~ &.0 SSs.' " I./At C/: -;. " '.~ '(("v Sa,ky 'f!o. _ 0-<, 1.0 ~;pO ~. l' /? I.JO '- I I J.s~,~ 1 " / EXHIBIT "Au ./ "\,.. I POINT Of cow.t"'_"'~ SOUTHeAST CORNER OF lOT 11 ~lJ8VE Cl R==2.50, l=4.14' ~94'57'59" C=3.69' C8=S2soS2'09"E 7/ UNE TABLE LINE BEARING 11 N530S4'5S"W L2 N13"05'02"[ L3 576'21'08"[ L4 SlS'36'5'.W LENGTH 19.90' 4.04' 167 ' 8.9S' !5: t ~ ~IJ:: a' :::Ef5 '<( ::c ~. I '.0 &1 ,*, SOUTHWEST CORNER.-/ OF LOT 11 LEGEND R = RADIUS L ;; ARC LENGTH h. '" DELTA ANGLE C "" CHORD CB = CHORD BEARING R!W ;; RIGHT OF WAY (P) ;; PLAT INFORMATION PB = PLA T BOOK PG .'" PAGE "THIS SKETCH IS NOT A SURVEY. o 1 10' 20' , GRAPHIC SCALE SCALE: 1".. 20' LOT to ~'-,----- Tl1 Mar A SUBDIVISrm~ NO :5 76 -'7 / I ,{ / I I EASEMENT 149 SQUARE FEET::!: POINT OF BEGINNING I ! j1 i DESCRIPTION THAT PART OF LOT 11 OF COLUMBIA SUBDIVISION NO, 5, AS RECORD EO IN PLAT BOOK 31, PAGE to,PUBLIC RECORDS OF PINELlAS COUNTY, FLORIDA, BEING MORE PART1CUlARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER Of SAID LOT 11; THENCE N53'S4'SS"W. ALONG THE SOUTH LINE OF SAID LOT 11, A DISTANCE Of 110.45 rEET TO THE POINT OF 8EGINNING; THENCE CONTJNUE N53'S4'58"W. ALONG SAID SOUTH LINE. 19.90 FEEf TO nlE SOUTHWEST CORNER or SAW LOT It; THBICE N1.3'Os'o:n';, ALONe frlE WEST LINE OF LOT 11, A DISTANCE OF 4.04 fEET; THENCE $76'21'0a."E, 16.72 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 2.50 FEET AND A CENTRAL ANGLE OF 94'57'59"; THENCE SOUTHEASTERL y 4.l4 FEET ALONG THE ARC OF SAID CURVE TO THE POINT OF TANGENCY; THENCE SlS"36'S'.W. 8.96 FEET TO THE POINT or BEGINNING, SUSJECT PARCEL CONTAINING 149 SQUARE FEET, MORE OR LESS. GENERAL NOTES: " RfPRODucnONS OF THIS SKETCH ARE Nor VALID WITHaUr THE SIGNA TURE AND rHE ORIGINAL RAISED SEAL OF A FLQRIDA LICENSED SURveYOR AND .WAPPER. :2 tHE SKETCH SHOWN HEREON IS FOR GRAPHIC REPRESENT A nON ONLY AND DOES NOT REPRESENT A BOUNDARY SURVEY. J. CORNER MONuMENTS WERE NOT sa IN CONJUNCnON WITH THE PR,EPARATlON OF THIS DRAWING, 4. LeGAl. DESCRIPTiON PREPARED BY P8S4(J, L8 24.. 5, THE BEARINGS SHOWN HEREON ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, WEST ZONE, 1983//990 ADJUSTMENT tit/WING A BEARING OF N5J'54 '5B'W ON THE SOUTH LINE OF LOT 11. t\,::'Uf:'0Y\.!J4G2{JE'cacllw,)i4,\,d'#tq \[05Ci'f\ ~(it ~:d1nU;Mn~~1 (h'fll P8SJ (Jo,qineers. PldOOt/S & SUiM!yors 5300 West Cyprtss . St,tt!. SUIte ;!OO lampo, PJor;do 33507 -1784 Ph I~ I U ?Jl?_l?7C, ("'weer I .~- t I1'l1:' iil:l1.1f1 )r~~nl t JIl!ll1f.lll lIif CERTIFICA nON: I HeRffJr CERTfF'f THAT rHlS SKETCH AND OfSCf?lPTfON MEas THE MINIMUM TECHNiCAL STANDARDS AS SET roRm 8'( THE nORiDA BOARO Of" PROf"{SStQNAJ. LAND SURVE:YORS iN CHAPTER 61 G T 7- 6, FLORiDA ADMfNISTRATTVE CODE, PiJRSUANr TO SECr/ON 472.021, f'LORI{)A STA7U1E:S. THIS SKETCH AND LEGAL DESCRiPtiON NOT VAUD UNLESS fMPRINfF..D mrn AN EMfJOSSEO SURVEYOR'S SEAL Job No 100:359 Scale: 1" == 20' Rev: Orown R" n.14 rl1"rl<I''; R'.' nw" FYII AGENDA ITEM #1966 - LOCATOR MAP DIVELLO TRUST TRA.FFIC SIGNAL & UTILITY EASEMENT E',c ,) Iyl. .) .J - City Council Cover Memorandum t I 10 Tracking Number: 1,967 Actual Date: 04/06/2006 Subject / Recommendation: Approve a Subordination Agreement with the Florida Department of Transportation ("FDOT") regarding Parcel No. 111.06, WPI/SEG 7116967/3568811, 5. R. 55, Section 15150-2579 as same may encumber Lot 1, DON PABLO'S - NURSERY ROAD subdivision, and authorize appropriate officials to execute same. ' Summary: FDOT continues its multi-year U. S. 19 (5. R. 55) work program to create a 30-mile six-lane continuous controlled access road with overpasses at major interchanges and parallel frontage roads between Gandy Boulevard and the Pasco County line. The agency is presently acquiring additional right-of-way for Segment 2 of the project between Whitney Road and Seville Boulevard. This segment will create a Single-Point Urban Interchange with an elevated bridge structure at Belleair Road, and connect Nursery Road, Haines-Bayshore Road and Ham Boulevard intersects to respective north and southbound frontage roads. On January 5, 2005 FDOT purchased the former Don Pablo's restaurant site on the east side of U. S. 19 at Nursery Road. The approximate 2-acre parcel, now identified in project plans as Parcel No. 111, will facilitate construction of a stormwater management facility for this section of the project. The June 7, 1998 plat of DON PABLO'S - NURSERY ROAD subdivision granted the City authority to use all utility and drainage easements described in the plat. The City no longer has utilities within Lot 1, DON PABLO'S since demolition of the former restaurant structure. Therefore, subordinating City interests as conveyed in the subject plat will have no material effect with regard to City utility infrastructure. A copy of the Subordination Agreement 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 Financial Information: Review Approval Michael Ouillen 03-02-2006 16:36:39 Garrv Brumback 03-23-2006 17:27:40 Laura Lioowski 03-16-2006 12:02: 13 ater Bill Horne Cvndie Goudeau City Council Cover Memorandum 03-26-2006 14:53:27 03-27-2006 08:21:55 'I),' ~. 1:= NS .3 Il ' lC) This instrument prepared by, or under the direction of RICHARD R. VICKERS DISTRICT SEVEN GENERAL COUNSEL Department of Transportation 11201 N. Malcolm MCKinley Drive Tampa, Florida 33612 PARCEL 111.06 WPI/SEG 7116967/2568811 S.R. NO.: 55 COUNTY PINELLAS SECTION : 15150-2579 MANAGING DISTRICT: SEVEN Legal Description Approved: Date:..llJUl1JJ;L4_ By: FRED W. EDWARDS SUB.02 SUBORDINATION AGREEMENT THIS AGREEMENT Made this ~." day of , 200~, by and between _'tHE CITY OF CLEARWATER , a _MYJilR!PAL CORPORATION , hereinafter called the "party of the first part", and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, herei.nafter called the "Department". WITNESSETH: WHEREAS, the party of the first part is the holder oia certain .,EAsEMKl'fL, between DF&R OPERATING COMPl!w:'.~lJt~ and THE CITY OF Git~l\B~aIl1tB, dated _~Q9I17/98 , recorded in Plat Book. ~~, Page ~, of the Public Records of PIUELLAS, Florida and, WHEREAS, a portion of the land encumbered by said __E.~s..EM.E.:t'1.:r__ is required by the Departmen.t for public transportation ; NOW THEREFORE, for and in consideration of the premises and the sum of One Dollar ($1.00) and other good and valUable considerations, paid, the receipt and sufficiency of which ia hereby acknowledged, the party of the first part hereby dgreea, covenants, and consents with the De.partment that the aforesaid EASEMENT is and ahall continUQ to .be subject and subordinate to the property rights of the Department insofar as said _!!:l\!,?J;:_l'!.:!!:.HA affects the following described property, vh: Lot I, DON PABLO'S-NURSERY ROAD, as per plat thereof recorded in Plat Book 118, Pages 31 and 32, Public Records ofpinellaa County, Florida, lying within Section 20, Township 29 South, Range 16 East. containing 2.012 acres, more or less. PARCEL 111. 06 PAGE 1 This subordination agreement shall :be binding upon and inure to the henefit of the respective heirs, legal representatives, Successors and assigns of the parties hereto. IN WITNESS WHEREOF, the said party of the fir9tpart has .II.igned and lIe410d thelle presents the day and year first above written. Countersigned: crTY OF CLEARWATER,FLOR.I.DA By: Frank V. Hibbard, Mayor William B. !iorne, II., City MAnager ATTEST: Cynthia E. Goudeau, City Clerk STATE OF FLORIDA 9S COlJN'l'Y 0.1" I?INELLAS BEFORE l>!E, the undersigned, personally appeared Frarik V. !tibbard, the Mayor of the. City of Clearwater, Florida, who executed the fo.regoing instrument and acknowledged the execution thereof to be his free act and deed for the Ull.Q and purposes herein set for-tn, anl:l who is persona1J.y known to mo. WITNESS my hane] and official seal thi.s day of 2006. Notary Pu.hlid- State of Florida Print/tyj;>e name: ___ STATE OFFLORI:DA Sll. COffi-JTY OF PntELL1l.S SEFORE ME, the unde.rl3igned, personally appea.t:ed William a. Horne, II. Ci.ty HM\l1\1er of the Ci ty of Clearwater, Florida, who executed the foreg'oinl1 instrument ADa acknowledged the execu.tion thereof to be his free aot ADd <'teea for the use and pU:!:"POses herein set forth, and who is personally known to me. WITNESS my hand and official seal this _____ day of _ ,,~~.' 2Cl06. Nota~ Public - State of Floriaa Print/type nl!lJ:lle: Approved as to form: Lauro. Lipowski, Assistant City Attorney PARCEL 1.11. 06 E'.l\GE 2 :;;25 <<:ii; LI..la -..J ~4.. ~f.:= :li;::<: <r::.) fl::. 8 Vl q -.J Lj G)~ C\t a:: Q,ci ~ lJ..J It)h ~~ Ps~ I~ q ,UJ ~;j '> 'l... 00 hf"- u ,- b=i (j -, ~ ~ ~'i I. , I , j I q; -0 -- HUlON ,~ >, ~ 1< '< .:;; 1.1' 1;J ::; & ~ ::~J '" '" " ~'~ "~,' ",~ " . " - ;; ~ ~ " ~ f~1 (1 S; ;:'1 c4 ,) t;;L ;J: t'i i'i/t."U /J "- F ~ :z 0 ;J;; ;:: U "" t- O- W r:e: 0 :.:: 0. III ~ ~ g .Ji W -; > ~ ~ w Cr:. U 0:: ,j- u.. < 0 c0 !;; lJ. f- .. :z )- '"'--,;, !!I \1> od; ~... ~ :;: 0 ~3 g.- lL L W'" 0 t:l ~ 1- CO :r: '" 1-' c -' n:: .... '\1 h ~ ~!t~,~ ~. i~a~ r) [,-'~~ 'it i9 ~4lt! ~ ~ ~~~,~ ~ 'l \1 ~ \,;; ~ ~ :J !,t,: ,. ~ ;:, 8 r:... '" ~i \4\ t' 'v W2Jif7.;jhl'i ,r.tTtr.{ fJ.?Wi(j':i );;YT:r,7, ~ ~~ !iT ~ it':i 41<- a~;}t~ -:~~ "; "R' ba1ij ~8; ~ct~ ~~J~ '"~~ ~M ~r. ;::'j.:.~ n' ~~~ >. ~ ;~ ;;: ~~ ,iNi7 AVl,' FYI AGENDA ITEM #1967 - LOCATOR MAP DON PABLO'S NURSERY ROAD - FOOT PARCEL NO. 111..06 ;...1;;1'-":. " ! .. .... ~;;''<l jJ ...,. I _~I!':: r~' q,t~ ~~~:~j1~ k:)J (;~r I ~uu-"'~_:!;,~ . II i '../ti. '; ;' 'li'. t::~~ ~~":: r""".l' ! 'J:i;i n ; N_-,:.'_I 04,"1;1 ..- ""- I :J . - i I .. 1 'f 'r I ~ iV' I :i ! I .... I jj/'0i '1!. U/ti7 :!9~ -" rr w ..... W u <..' z Ii tl o T <:11 .t ""-Ii ,,' J r.. ~ =< II " ~ "olJl ..."'" -. U'f~ ~I~ !J1->V _1<.1' ."r..' 0) (11"'-"\" ~)~ City Council Cover Memorandum Er'J3 -- ~ II . II Tracking Number: 1,993 Actual Date: 04/06/2006 Subject / Recommendation: Award a contract in the amount of $500,000.00 to Rowland Inc. of Pinellas Park, Florida, for the repair and rehabilitation of sanitary sewer manholes and large diameter sewer pipes at various locations throughout the City of Clearwater, and that the appropriate officials be authorized to execute same. Summary: The City has determined that $500,000 willbe necessary to repair and/or rehabilitate existing sanitary sewer manholes and large diameter sewer mains over the next year. Our goal is to maintain the sanitary sewer system as practical and necessary and minimize disruptions in service to our citizens. Tampa Bay Water, a Regional Water Supply Authority, awarded a contract to Rowland Inc. on June 20, 2005, through the competitive bid process. The contract remains in effect from October 1, 2005 through October 1, 2007, and would be renewed for another two years, one at a time if agreeable to both parties. Pricing was identified in the original contract proposal and Rowland, Inc. has issued a letter verifying that they will honor the prices identified in their Tampa Bay Water contract (2005) for the City of Clearwater for a period of one year. The City of Clearwater will direct the contractor to those high priority areas as established by staff's review of the existing Sanitary Sewer Evaluation Study and investigative reports throughout the past year. The contract also allows for emergency repair work to be performed at the unit prices included in the contract. Rowland Inc. has established a favorable working relationship with the City, and has demonstrated their ability to provide a reliable product and professional service. Resolution 04-36 was passed on December 16, 2004, establishing the City's intent to reimburse certain project costs incurred with future tax-exempt financing. The projects identified with 2006 revenue bonds as a funding source were included in the project list associated with Resolution 04-36. Sufficient budget for interim financing or 2006 Water and Sewer Revenue Bond proceeds when issued is available in the Capital Improvement Program project, 0378-96665, Sanitary Sewer R & R, to provide the funding for this Work Order. A copy of the contract is available for review in the office of Official Records and Legislative Services. Originating: Engineering Section Consent Agenda Category: Construction Contracts - Public Works Originating Public Hearing: No City Council Cover Memorandum Financial Information: ~ Capital Expenditure Bid Required? No Bid Exceptions: Other Government Bid Other Contract? Tampa Bay Water Contract No.2005-079-01 In Current Year Budget? Yes Budget Adjustment: No Current Year Cost: $500,000.00 Total Cost: $500,000.00 Appropriation Code(s) 0378-96665-563800-535-000 Amount $500,000.00 Comments See summary section Review Approval Glen Bahnick Georqe McKibben 03-13-2006 09:31 :47 03-15-2006 14:52:06 03-23-2006 17:23:10 03-13-2006 10:55:23 03-16-2006 10:03:58 03-26-2006 14:45:31 03-13-2006 16:27:21 03-27-2006 08:33:20 Tina Wilson Garry Brumback Michael Guillen Brvan Ruff Bill Horne Cyndie Goudeau ". " ; ~ 1 ,- I I r" ~ ~.'. ENS--~ I I . I I REceiveD ...J ORN!!V CONTRACT This CONTRACT made and entered into this _ day of , 2006 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and Rowland, Inc., of the City of Pinellas Park County of Pinellas and State of Florida, hereinafter designated as the "Contractor". \VITNESSETH: That the paIiies to this contract each in consideration of the undertakings, promises and agreements on the pari of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: Repairing existing sanitary sewer manholes and lines in accordance with the terms and conditions of the competitively bid and current Tampa Bay Water contract (piggy-backing the contract) for an amount of $500,000. Contractor shall start to commence Work on the current list under this Contract within ten (10) consecutive calendar days after the date contained in the written Notice to Proceed. From there on, Contractor shall be on site within the reasonably agreeable timing by the City when called upon for assistance. The contract will be terminated one (1) year from the date contained in the written Notice to Proceed or upon which time the contract funds have been fully utilized. In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perfonn in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAYBE BROIJGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF SS rvJ H Piggy-baekContraet Page I Revised: 12/05/05 CONTRACT (2) THE TERMS, STIPULATIONS Al'\D CO~DITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the perfonnance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recmitment or recruitment advertising; lay-off or termination; rates of pay or other fonl1s of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor fLlliher agrees to inseli the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then fLlliher agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be constmed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is fLlliher mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the f~lithful perfonl1ance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such perfonm1l1ce bond to be unsatisfactory or if~ for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after rcccipt of written notice from the City to do so, fumish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the bithful performance of the work under the terms hereof shall be completed and fUlllished to the City in a form satisfactory to it. SS 'VI II l'iggy-backContraet Page 2 Revised: 12!O5!()5 CONTRACT (3) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate; the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: William B. Home, II City Manager (Seal) Attest: Countersigned: Cynthia E. Goudeau, City Clerk By: Frank Hibbard, Mayor Approved as to form and legal sufficiency: (Contractor must indicate whether Corporation, Partnership, Company or Individual.) Bryan D. Ruff Assistant City Attorney ( Contractor) (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation). By: (SEAL) SS MH Piggy-backContracl Page 3 Revised: 12/05/05 CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT (CORPORATION FORM) STATE OF FLORIDA COUNTY OF On this day personally appeared before administer oaths and take acknowledgments, deposes and says: me, the undersigned authority, duly authorized to , who after being duly sworn, That he is the (TITLE) , a Florida Corporation, with its principal place (herein, the "Contractor"). of of business located at That the Contractor was the general contractor under a contract executed on the day of , 2006, with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Owner, and that the Contractor was to perfonn the construction of: That said work has now been completed and the Contractor has paid and discharged all sub-contractors, laborers and materialmen in cOlmection with said work and there are no liens outstanding of any nature nor any debts or obligations that might become a lien or encumbrance in connection with said work against the described property. That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes, and upon consideration of the payment of (Final Full Amount of Contract) in full satisfaction and discharge of said contract. That the Owner is hereby released from any claim which might arise out of said Contract. The word "liens" as used in this affidavit shall mean any and all arising under the operation of the Florida Mechanic's Lien Law as sct forth in Chapter 713, Florida Statutes. Sworn and subscribed to before me AFFIANT This _ day of , 2006. BY: NOTARY PUBLIC My Commission Expires: PRESIDENT SS Mil Plggy-backCol1tract Page 4 Revised: 12/0S/0,) Contract No. 2005-079-01 AGREEMENT This Agreement is made this~day of ~05, by and between TAMPA BAY WATER, A Regional Water Supply Authority, an interlocal governmental agency of the State of Florida, created and existing pursuant to Sections 163.01, 373.1962 and 373.1963, Florida Statutes, ("TAMPA BAY WATER"), and Rowland Inc. ("CONTRACTOR"), a corporation in the State of Florida and authorized to do business in the State of Florida.) WITNESSETH: WHEREAS, TAMPA BAY WATER desires to retain CONTRACTOR to provide As- Needed Contractor Services; and WHEREAS, TAMPA BAY WATER has selected CONTRACTOR ill accordance with competitive bidding procedures; and WHEREAS, CONTRACTOR agrees to serve as TAMPA BAY WATER'S Contractor for As-Needed Contractor Services based upon the terms and conditions set forth in this Agreement; NOW, THEREFORE, in consideration of the premises set forth hereinabove, and of the mumal promises hereinafter set forth, the sufficiency and adequacy of which are hereby acknowledged, the parties hereto, intending to be legally bound hereby, agree as follows: 1.0 RETENTION: TAMPA BAY WATER does hereby retain and engage the CONTRACTOR and the CONTRACTOR does hereby accept said engagement and agrees to provide TAMPA BAY WATER's As-Needed Contractor Services. 2.0 TERM: This Agreement shall commence on October 1, 2005, and terminate 2 years therefrom. TAMPA BAY WATER, at its discretion, shall have the option to renew this Contract for an additional two (2) years, one year at a time, or any portion thereof. This option shall be exerciseu in writing and will be exercised only if agreeable to both parties and all prices remain the same. 3.0 GOODS and/or SERVICES: The CONTRACTOR shall provide those GOODS and/ or perform those SERVICES and provide the project BONDS as specified, in a manner satisfactory to TAMPA BAY WATER and as are described in SPECIFICA TIONS for As-Needed Contractor Services attached hereto and made a part hereof, in a manner satisfactory to TAMPA BAY WATER. Said GOODS and/ or SERVICES shall commence upon written notice to proceed from TAMPA BAY WATER 4.0 COMPENSATION: TAMPA BAY WATER shall pay the CONTRACTOR for those GOODS and/or SERVICES provided for in paragraph 3.0 above on a montWy basis as provided for in the BID SCHEDULE attached hereto and made a part hereof. The CONTRACTOR will bill TA1vIPA BAY WATER monthly and TAMPA BAY WATER shall make payment of approved invoices within thirty (30) days. Invoices shall meet all requirements of TAMPA BAY WATER. 1 q: \ facilities \smithw\as-needed contractor\lgreementO 1 Contract )Jo. 2005-079-01 5.0 TE!ZJ.\1INATION OF AGREEMENT: 5.1. TAMPA BAY WATER may terminate or cancel this Agreement at its discretion and said termination shall be effective, with or without cause, after written notice has been provided to the CONTRACTOR. 5.2. Following termination, TAMPA BAY WATER shall make a settlement with the CONTRACTOR upon a pro rata basis as determined by TAMPA BAY WATER, which shall fix the value of tl1e GOODS and/or SERVICES performed by the CONTRACTOR prior to the termination or cancellation of this Agreement. 6.0 SUBCONTRACTORS: The CONTRACTOR shall not sublet, assign, or transfer any GOODS and/or SERVICES specifically set forth under this Agreement without the prior written consent of TAMPA BAY WATER. All persons used by the CONl1~i\CTOR for fulfilling the requirements of this contract must be employees of the CONTRACTOR. 7.0 INDEMNIFICi\TION: In consideration of the first $100.00 paid by AUTHORny to CONTRl\CTOR, the receipt and sufficiency of which is hereby acknowledged, the CONTRACTOR shall indemnify, defend, or at the option of TAMPA BAY WATER pay the cost of defense, and hold harmless TAMPA BAY WATER from any and all claims, expenses and damages, including, but not limited to, attorneys' fees, legal assistants' fees, court costs and all other sums which TAMPA BAY WATER may pay or become obligated to pay on account of a demand or claim, or assertion of liability, or any claim or action founded thereon, arising or alleged to have arisen out of use of CONTRACTOR's products, or CONTRACTOR's performance of this contract, or the operation of CONTRACTOR's business, or any act of omission of CONTRACTOR, his agents, servants, or employees, whether such claim or claims, action or actions be for damages, injury to person or property, including TAMPA BA Y WATER'S property, or death of any person, made by any person, group or organization, whether employed by CONTRACTOR or TAMPA BAY WATER, or otherwise or for breach of warranty by CONTRACTOR either expressed or implied, except that neither the CONTRACTOR nor any of its subcontractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of TAMPA BAY WATER or any of its officers, agents or employees. 8.0 CONTRACTOR'S INSURANCE-GENERAL REQUIREMENT 8.1. The CONTRACTOR shall purchase and maintain the following described insurance on policies and with insurers acceptable to TAMPA BA Y WATER. The insurance policy shall be written for not less than the limits of coverage specified in articles 9 through 14 and any supplementary conditions to this Agreement and contract. The CONTRACTOR shall submit certificates itemizing the policies issued, limits of coverage, expirations dates and endorsements provided to T ArvfP A 2 q: \ facilities \ Smitl1 w\ as-needed cun tractor \"grt'emel1 to 1 Contract No. 2005-079-01 BA Y WATER, using TAMPA BA Y WATER form provided in these contract documents. 8.2. These insurance requirements shall not limit the liability of the other party. TAMPA BAY WATER does not represent these types or amounts of insurance to be sufficient or adequate to protect the other party's interests or liabilities, but are merely minimums. 8.3. CONTRACTOR shall not commence or continue to provide any GOODS and/or perform any SERVICES unless CONTRACTOR has in full force and effect all required insurance, and until all correct and complete insurance certificates have been provided to TAMPA BA Y WATER evidencing the specific insurance coverage required and indicating TAMPA BAY WATER as additional insured, unless AUTHORITY approves commencement or continuation of GOODS and/or SERVICES, nor shall any payment for GOODS and/or SERVICES performed become due and payable until such certificates have been provided to TAMPA BAY WATER. If the use of subcontractors is autho:tized by TAMPA BAY WATER pursuant to paragraph 6.0 above, CONTRACTOR shall not permit any subcontractor, supplier or other person or organization to provide the GOODS and/or perform the SERVICES unless the insurance requirements set forth in this Agreement have been complied with by such subcontractor, supplier or other person or organization. 8.4. All above-referenced policies of insurance, except worker's compensation insurance, shall be endorsed to include as additional insured: TAMPA BAY WATER, its consultants, subsidiaries or affiliates, and each of TAMPA BAY WATER's directors, officers, employees, representatives, agents or volunteers. Such insurance policies shall include or be enforced to include a cross liability clause so the additional insured will be treated as if a separate policy were in eX1stence and issued to them. If the additional insureds have other insurance which might be applicable to any loss, the insurance required of the CONTRACTOR shall be considered primary, and all other insurance shall be considered excess. 8.5. All above-referenced policies of insurance (and the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, adversely changed or renewal refused until at least thirty (30) days prior written notice has been given to AUTHORITY and CONT~A.CTOR by certified mail. 9.0 LU\BILITY INSURANCE 9.1. CONTRACTOR shall purchase and maintain such commercial (occurrence form) or comprehensive general liability, automobile policies and other appropriate insurance for the GOODS and/or SERVICES being performed and furnished which shall provide protection from claims set forth below which may arise out of, or result from CONTRACTOR'S performance and 3 q: \facilities \ sm1tl1\v\as needed contractor \ agrccmcnt01 Contract No. 2005-079-01 furnishing of the GOODS and/ or SERVICES and CONTRACTOR'S other obligations under the Agreement and contract documents. 9.1.1. Minimum limits of $1,000,000 per occurrence for all liability must be provided, with excess or umbrella insurance making up the difference, if any, between the policy limits of underlying policies (including employers liability required in the Worker's Compensation coverage section) and the total amount of coverage required. Limits of coverage shall not be less than the following for Bodily Injury, Property Damage and Personal Injury, Combined Single Limits: General Aggregate Each Occurrence Personal Injury/Advertising Injury Products Comp / Operations Aggregate $1,000,000 $ 500,000 $ 500,000 $ 500,000 9.1.2. The CONTRACTOR'S liability insurance shall include contractual liability coverage sufficient to cover the CONTRACTOR'S indemnification obligations under this Agreement. The CONTRACTOR agrees to pay on behalf of TAMPA BAY WATER, and to provide and pay for a defense for all claims covered by the CONTRACTOR'S obligations under the indemnification provisions. 9.2. Excess or Umbrella Liability 9.2.1. Umbrella liability insurance is preferred, but an Excess Liability equivalent may be allowed. Whichever type of coverage is provided, it shall not be more restrictive than the underlying insurance policy coverages. 9.3. Automobile Liability 9.3.1. Coverage shall be maintained as to the business use of all its owned, non-owned, leased or hired vehicles with limits of not less than: Bodily Injury & Property Damage Liability $500,000, Combined Single Limit Each Accident. 9.3.2. If CONTRACTOR has no owned autos, a letter from the CONTRACTOR so stating must be included with the Certificate of Insurance. 10.0 WOIUZERS COMPENSATION COVERAGE 10.1. CONTRACTOR shall purchase and maintain workers compensation insurance for all workers compensation obligations imposed by Florida statutes. As of the date of this revision, these statutes require employers <1 Cf \ faC1litles \ srnitll w\ as-needed cc,n tractor\agrcementOl Contract No. 2005-079-01 liability limits of at least $100,000 each accident and $100,000 each employee, $500,000 policy limit for disease. 1 0.2. TAMPA BAY WATER requires CONTRACTOR employers to purchase workers' compensation insurance for all their employees and sub-contractors regardless of the munber of employees they have and regardless of any other exemptions. Florida law permits employers who may be exempt from purchase of coverage to waive their exemptions and purchase the coverage. TAJ\1PA BAY WATER will expect CONTRACTOR to purchase said coverage. 10.3. CONTRACTOR shall also purchase any other coverages required by law for the benefit of employees. 11.0 CERTIFICATES OF INSURANCE 11.1. Required insurance shall be documented in Certificates of Insurance which provide that TAMPA BAY WATER shall be notified by Certified Mail at least 30 days in advance of cancellation, non-renewal or adverse change. 11.2. New Certificates of Insurance are to be provided to TAMPA BAY WATER on the TAMPA BAY WATER Certificate of Insurance Form at least 15 days prior to coverage renewals. 11.3. If requested by TAJ'vfPA BAY WATER, the CONTRACTOR shall furnish complete copies of the CONTRACTOR'S insurance policies, falms and endorsements. 11.4. For Commercial General Liability coverage the CONTRACTOR shall, at the option of T AIvlP A BAY WATER, provide an indication of the amount of claims payments or reserves chargeable to the aggregate amount of liability coverage. 11.5. Receipt of certificates or other documentation of insurance or policies or copies of policies by TA.i\1P A BAY WATER, or by any of its representatives, which indic:1te less coverage than required does not constitute a waiver of the CONTRACTOR's obligation to fulfill the insurance requirements herein. 11.6. Before providing services, CONTRACTOR shall provide TAMPA BAY WATER with an acceptable Certificate of Insurance on the form included herein. Only certificates of insurance provided on this form - "T AtyfP A BAY WA TER Certificate of Insurance Form" - will be accepted. 12.0 INSURANCE OF THE CONTRACTOR PRIMARY 12.1. Insurance required of the CONTRACTOR or any other insurance of the CONTRACTOR shall be considered primary, and the insurance of TAMPA BAY WATER shall be considered excess, as may be applicable to claims 5 q: \facilitics \smithw\as-needed contractor\agreementOl Contract No. 2005-079-01 which arise out of the Hold Harmless, Payment on Behalf of AUTHORITY, In~urance, Additional Insurance and Certificates of Insurance provisions of this agreement or contract. 13.0 LOSS CONTROL/SAFETY 13.1. Precaution shall be exercised at all times by the CONTRACTOR for the protection of aU persons, including employees, and property. The CONTRACTOR shall be expected to comply with all laws, regulations or ordinances related to safety and health, shall make special effort to detect hazardous conditions and shall take prompt action where loss control! safety measures should reasonably be expected. 13.2. TAMPA BAY WATER may order GOODS and/or SERVICES to be stopped if conditions exist that present immediate danger to persons or property. The CONTRACTOR acknowledges that such stoppage will not shift responsibility for any damages from the CONTRACTOR to TAMPA BA Y WATER. 14.0 MISCELL\NEOUS PROVISIONS 14.1. CONTRACTOR shall provide GOODS and/or perform aU SERVICES under this Agreement as an independent contractor. CONTRACTOR shall not be considered an agent of AUTHORITY nor shall CONTRACTOR'S subcontractors, suppliers, experts, or other persons, or organizations retained or utilized by the CONTRACTOR be considered agents of TAMPA BAY WATER. 14.2. TIlls written document shall constitute the ent::l.re agreement between the parties hereto and said agreement shall not be amended or modified except in writing duly executed by the party against whom such an amendment or modification is sought to be enforced. 14.3. The i\greement shall be governed by and construed under the laws of the State of Florida. 14.4. Venue for any action arising under this Agreement shall lie in Pinellas County, Florida. 6 '-I: \faCllmcs \srnithw\a.s-needed contractor\agreementOl Contract No. 2005-079-01 14.5. Any notices or other wntmgs pennitted or required to be delivered as described and required under the provisions of this Agreement shall be delivered by sending the notice by Certified Mail, Return Receipt Requested, and addressed as follows: If to TAMPA BAY WATER: Tampa Bay Water 2535 Landmark Drive, Suite 211 Clearwater, Florida 33761 Attention: Ed Davis If to the CONTRACTOR: Rowland Inc. 6855 l02nd Avenue North Pinellas Park, Florida 33782 Attention: John L. Harrnn Jr. 7 g: \ facllities \ srnithw\as-needcd contractor\agrecmentOl Contract No. 2005-079-01 IN WITNESS WHEREOF, the parties hereto, have caused these presents to be executed by thei.r duly qualified representatives on the day and year first written above. WITNESS: Row'land Ine. (Firm Name) ~~ Kenneth D. Rowland. Secretary (}~,,/-b4-~~ Date: May 23, 2005 John L. Hamm Jr., Vice President Name (SEAL) ATTEST: TAMPA BA Y WATER, A Regional Water Supply Authority (}JL4fu11{ry BY12tp~ (:.ho.-l ( lY\ C\(\ lo\~lcS Its: Date: APPROVED AS TO FORIY1: (SEAL) Office of General Counsel 8 q: \ fa ClElles \smithw\as-needed contractor\agreement01 CONDITIONS OF THE CONTRACT q:\ facilities \smithw\as-needed contractor\agreementOl 11 Contract No. 2005-079-01 Contract No. 2005-079-01 1. Thi, contract is for "As-Needed" Contractor Services and consequently will not be used unless time constraints prohibit the work from being awarded based on a competitive bid. Work assignments will be determined solely by Tampa Bay Water, in the best interest of Tampa Bay Water. It is therefore imperative that when a contractor is called upon for assistance, contractor shall be on site within twenty four hours from the time of the call. 2. The Contractors principal place of business shall be in, or within fifty (50) miles ofPinellas, Pasco, or Hillsborough counties. 3. 1bis contract will be for a "Not to Exceed" amount of $200,000.00 per year per contractor. 12 q: \ fa nl1tJes \srnith w\ as-needed contractor\ agree men tOl Contract No. 2005-079-01 SPECIFICATIONS Contract No. 2005-079-01 1. "LABOR" Items -lbe hourly rate shall include wages, taxes, insurance, fringe benefits, overhead, and profit. 2. "Equipment" I terns - The hourly rate shall include fuel, supplies, maintenance, renewals and depreciation. 3. "Material" Items - All items shall include applicable delivery costs and taxes. Payment shall be based on in-place measurements and delivery tickets. 4. "Sub-Contractor" Items - The hourly rate shall include a certified welder and a truck fully equipped with an engine driven welder, oxygen and acetylene cylinders and other accessories as would be necessary to weld or cut carbon steel on site. This hourly rate shall include the contractor's overhead and profit. Any item used on the work which is not covered on the bid schedule and for which the contractor seeks payment will be considered "cost reilnbursement work". The term "cost reimbursement work" shall be for work performed and compensated on a time and expense basis, that is, on an accounting of the contractor's forces, materials, equipment, and other items of cost as required and used to do the work. The contractor shall furnish labor, and furnish and install equipment and materials necessary to complete the work in a satisfactory manner and within a reasonable period of time. For the work performed, payment shall be made for the documented actual cost of the following: 1. Labor, for those hours they are assigned and participating in the cost reimbursement work (actual payroll cost, including wages, fringe benefits as established by negotiated labor agreements, labor insurance and labor taxes as established by law). No other fixed labor burdens will be considered, unless approved in writing by Tampa Bay Water. 2. Material delivered and used on the designated work, including sales tax, if paid for by the contractor or its sub-contractor. 3. Rental, or equivalent rental cost of equipment, including necessary transportation for items having a rental value in excess of $100.00. Rental or equivalent rental cost shall be allowed for only those days or hours during which the equipment is in actual use. Rental and transportation allowance shall not exceed the current rental rates prevailing in the locality. The rentals allowed for equipment shall, in all cases, be understood to cover all fuel, supplies, repairs, and renewals, and no further allowances shall be made for those items, unless specific agreement to that effect is made. To the cost reimbursement work, there shall be added the following fixed fees for the contractor or sub-contractor actually performing the work: 1. A fixed fee of fifteen (15) percent of the cost of item 1 above. For costs incurred for work performed by sub-contractors, the contractor's fee shall not exceed five (5) percent and the sub-contractors fee shall not exceed ten (10) percent. 2. A fD::ed fee of ten (10) percent will be added to the cost of items 2 and 3. 14 q: \ faCllitles \sm1thw\as-needed contractor\agrecmcnt01 Contract No. 2005-079 27. QUALIFICATION OF BIDDERS 27.5 BIDS will only be considered from bidders who provide As-Needed Contractor Services. Bidder shall document their qualifications and experience in providing As- Needed Contractor Services on the Experience List provided. 28. QUANTITIES 28.5 The quantity specified on the BID SCHEDULE is to be used for establishing the basis of award purposes only and TAMPA BAY WATER reserves the right to increase or decrease quantities shown or used without penalty. 29. PRlCING 29.5 The BIDDER acknowledges and agrees that the separate prices on the Bid Schedule, where they are applicable and deemed acceptable by TAMPA BAY WATER, will be used by TAMPA BAY WATER and the BIDDER, if awarded the Contract, whenever similar service is added to or deducted from the Contract. 30. ADDENDA 30.5 The BIDDER acknowledges that he has received Addenda Number(s): i AE~ 15,~oo5 Ad endum Title I~llili Number 2 A pri I 16.. ~oo5 Addendum Title .J};4A- add~ Initials Number Number Addendum Title Bidder Initials BIDDER shall insert number and name of each addendum received and agrees that all addenda issued are hereby made a part of the proposed contract documents, and the BIDDER further agrees that his BID is submitted after consideration of said addenda. 31. AWARD 31.5 TAMPA BA Y WATER will award this contract to the lowest responsive, responsible bidder or bidders, at the Agency's discretion, deemed qualified to provide the specified GOODS AND/OR SERVICE. 9A Contract 2005- 079 32. BID SCHEDULE Item Brief Description Unit Unit Price Labor 1 Foreman Hour $ L1J.93 2 Over Time Hour $ /"Lj. ~q 3 Operator Hour $ cl9.1l 4 Over Time Hour $ Y3.1/1 5 Truck Driver Hour $ 2:2. ~~ 6 Over Time Hour $ ,; ~.t.j I 7 Pipe Layer Hour $ .;1.1.'3:2- 8 Over Time Hour $ 3~.13 9 Laborer Hour $ I 'i? ;2.0 10 Over Time Hour $ .J.7. ;;z.CJ Equipment 11 F oretrulll P jU with hand tools Hour $ 1.1.15 12 Job truck with tools Hour $ H.50 13 Tractor & Trailer (Transport) Hour $ I~. ~5 14 Track Hoe (to 100 HP) Hour $ 3'1. 50 15 Track Hoe (101 HP to 170 HP) Hour $~ 16 Track Hoe (171 HP and up) Hour $ 1~5. 15 17 Rubber Tired Backhoe Hour $ 3g.~5 18 Wheel Loader (to 1 SO HP) Hour $ t.t(.~5 19 Wheel Loader (151 HP and up) Hour $ SS.15 20 Track Type Tractors (to 100 HP) Hour $ :;/J.OO 21 Track Type Tractors (101 HP up) Hour $ ~~.OO 22 Dump Truck (Tandem Axle) Hour $ 50.~5 23 Plate Tamp Hour $ '7.50 lOA ADDENDUM No.: Two (2) DATED: April 15, 2005 Contract 2005-079 24 3" Trash Pump Hour $ '7.0C> 2S 4" Double Diapmagm Pump Hour $ ~.OO 26 Air Compressor (125 CFM Min.) Hour $ '~.CXJ 27 Well Point Pump Day $ 300.00 28 Well Point Linear Ft $ 3.35 29 4" Jet Pump Day $~ Material 30 Asphalt-I" Overu.y Sq. Yard $ j.OO 31 2500psi Concrete (Un-fanned) Cu. Yard $ 1/5.00 32 Off Site Select Fill Cu. Yard $ '='.55 33 Limerock Base Material Ton $ 1\.00 34 #57 Washed Stone Ton $ 15.45 35 Bahia Sod Sq. Foot $ . ~5" Sub-Contractor 36 Welder with Truck Hour $ <J{W 37 Tractor with 7' Bush Hog Hour $ a5.CO Total Contract Price (Sum Lines 1 - 37) $ l.lt,o 4-. 1p<6 . Qne.JnoU50J'\d Sx. tll-ln'1red (DUr dOllClf5 drd 5ix~ e.~ht cen~ (proposed Total Contract Price Written in or ) Current License Held Under9rOlAnd LL+ili ~ License Number CU-C.OS;;;Hol/ ~~ ____ ~/-;o~~? Authorized Signature / c:-~<;~~ Printed Name J~ehneth D. RoVJ lC1nd Company Name !<owl Cl. nd Ine. Address ~g5S IO~nd Avenue /-J't Ptnella~ fur~,FL 331~;( Telephone Number (1~'l) 54s;' ~~ IS Date A-pri I ~'8. ;;;;>..ooS IIA ADDENDUM No.: Two (2) DATED: April 15, 2005 Contract No. 2005-079 33.8 If BIDDER is a Corporation By: Row I o..nd InC. (Legal Corporation Name) Name and Title: John L. Harnm Jr., Vice President , >=:: I LL- By: \ u~ \/ -,;:;c- J (Att ,. h Ev:' ence of Authority to Sign) ( Name and title and Signature of Official Attesting: Name: Kenneth 0 Rowland, Secretar/ Title: KAnnAth n Rowland. Secretary ~~Y' ~ ~~_________ By: ./< ~7'P1:-/_ /' <--<:~ Business Address: (0855 IOd nc1. Ave. r-J . 'PIne lias 'ParK I FL 331 '=3J. City, State, Zip Phone #: ('1'a'7) 5YS, 3~1 S Fax #: (t'f~'7) 5t.Jur'84ls,'-f State of Incorporation: Flori d 0..... 339 If BIDDER is aJointVenture: Each joint venturer shall sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture shall be in the manner indicated above. 13 'I facwoes \ s mJth \V \ as -needed \ 1005-079 Contract No. 2005-079 34. NON-COLLUSION AFFIDAVIT STATE OF F' lor; da.. COUNTY OF P,nella5 :fohn L. Htlmm 1:r R.. and says that: 1. Affiant is V,'ce. PresIdent "Bidder") and has submitted the attached Bid; ("Affiant"), being first duly sworn, deposes of f<ovJ\a.nd rnc. , (the 2. Affiant has personal knowledge of the matters set forth herein and is competent to testify. 3 Affiant is fully informed respecting the preparation and contents of the attached Bid and all pertinent circumstances respecting the Bid; 4. The Bid is genuine and is not a collusive or sham Bid; 5. Neither the Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including Affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly with any other Bidder, firm, or person to submit a collusive or sham Bid, or has in any manner, directly or indirectly, sO\lght by agreement or collusion or communication or conference with any other Bidder, firm, or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit, or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against Tampa Bay Water or any person interested in the proposed Contract. By d'L-~ '7-r+::~ John l. Hamm Jr., Vice President (Corporate Seal) Title: Subscribed and sworn -=rQhn L. Ho.mm ,::Jr-. . before me this :2g-th day of Apr",1 , who is personally known to me or as identification. , 2005, by has produced Not"'Y Public Clmvt p~ Print Name: Amy L. 60lftn ofL My commission expires: Tune. 15:;).()Og AMY L. GANNON Notary PUblft, Stale of Florida My comm. expo June 15, 2008 Comm. No. DO 329086 ]4 qfacilil:1es \ srru thw \ as-needed \ 200S-07') MllIillnvolc8d1 to: TAMPA BAVe WATER SUIlSl/Y!ng Waler n. 'Ola Reglo" 2676 Enterprise Road Clearwater, FL 33763-1102 Clearwater (727) 798.2366 Tampa 18131 996-7Q09 Purchase Order Flec.1 Yellr 2008 Tax Number 85-801 26294SaC-6 ROWLAND INC 6855102ND AVENUE NORTH Tampa Bay Water - OOPS 8865 Pump StatIon Road PINELLAS PARK, FL 33782 La nd 0 Lakes, I=L 34639-2718 Requested by: W. Smith for Ed Davis Board Ap~roved: Jun. 20, 2005 Item: D-6 Ae~~eeded Contract: 2005-079-01 001 AS-Needed Contractor Services. Effective: Oct. 1, 2005 through Sept, 30,2006. 1,0 200000.00000 200,000.00 Each 1.0 200000,00000 200,000.00 Ea. PO Total 400,000,00 002 As n~eded contractor services-Board Approved 02/20/06 Agenda Item 09 *~*** General Ledger Summary Section **... Account 1100215-63400 4100715-63400 4.l00815-63400 4100915-63400 4101315-55200 4101315-63400 Amount 367,500.00 20,000.00 500,00 4,000,00 .00 8,000.00 1111~n--U-tt--~ -~, [1 \! II U J r-----~_. I IllltMAR I 3 2008 IcJ I CI!y'--('i' I City Council __,w""m'mAgen~"~. CO'f,~.~,.!1em_C?,!:! nd u m E~-5 I J · J;) Tracking Number: 1,978 Actual Date: 04/06/2006 Subiect / Recommendation: Award a contract to Volt Telecom Group, of Port Richey, Florida for the Water Main Improvements Project - Phases 15, 16, & 17 (05-0003-UT), in the amount of $1,965,654.90, which is the lowest responsive bid received in accordance with plans and specifications, and that the appropriate officials be authorized to execute same. Summary: The scope of work involves upgrades to the City's potable water distribution system. In 1986, the City of Clearwater performed a system wide analysis of the distribution system to identify infrastructure elements in need of upgrade. This contract includes the replacement of existing pipelines and structures that are either undersized or are of construction material that has been deemed undesirable. Water mains will also be relocated from rear easements to the front ROW. The project involves work in areas 1) East and west of Hercules Avenue near the Clearwater Airpark, 2) East and west of McMullen Booth Road near the Del Oro subdivision, 3) South of Seville Boulevard and east of US Hwy 19 and 4) East of Belcher Road, between Belcher Road and Old Coachman Road. The scope of work requires the contractor to install approximately 19,500 linear feet of 6-inch and 16,000 linear feet of 4-inch potable water piping by horizontal directional drilling. The work also includes installing approximately 30,000 linear feet of i-inch and 2-inch service pipes and casings installed by directional boring and/or open cut excavation. Construction is expected to last 270 days and is expected to be complete by February of 2007. McKim & Creed is the engineer of record and produced a final engineer's estimate of $2,634,000.00 for the contract work. Bids were received Tuesday, March 7, 2006. Volt Telecom's complete and responsive bid proposal was $1,965,654.90 - approXimately 25% under the engineer's estimate. McKim & Creed has reviewed the bids and is recommending award to Volt Telecom Group as the lowest responsive bidder. Resolution 04-36 was passed on December 16, 2004, establishing the City's intent to reimburse certain project costs incurred with future tax-exempt financing. The projects identified with 2006 revenue bonds as a funding source were included in the project list associated with Resolution 04-36. Sufficient budget for interim financing or 2006 Water and Sewer Revenue Bond proceeds when issued is available in the Capital Improvement Program project, 0378-96759, Water Main Phases 15, 16 & 17, to provide the funding for this contract. A copy of the contract documents is available in the Office of Official Records and Legislative Services for review. Originating: Engineering Section Consent Agenda Category: Construction Contracts - Public Works Originating Public Hearing: No .. o ~ City Council "~jJendi:l_Co~~,rp,~~!!:!19~.!.!ld u m Financial Information: ~ Capital Expenditure Bid Required? Yes Bid Numbers: 05-0003-UT In Current Year Budget? Yes Budget Adjustment: No Current Year Cost: $1,965,654.90 Total Cost: $1,965,654.90 Appropriation Code(s) 0378-96759-563800-533-000 Amount $1,965,654.90 Comments see summary section Review Approval Glen Bahnick Georqe McKibben 03-15-2006 15:36:06 03-16-2006 10:01 :50 03-23-2006 17:24:26 03-15-2006 15:51 :21 03-16-2006 10:46: 18 03-26-2006 14:49:26 03-15-2006 16:37:20 03-27-2006 08:23:41 Tina Wilson Garry Brumback Michael Ouillen Brvan Ruff Bill Horne Cyndie Goudeau ater City Council ,_ A,s,,~=nda C;,Qyer Memoran,"~,~~!!!~",_~",~_=,~,~ FNj - b II. J 3 Tracking Number: 1,925 Actual Date: 04/06/2006 Subject / Recommendation: Award a construction contract to Classic Protective Coatings of Menomonie, Wisconsin for the Elevated Water Storage Tank Modifications (04-0048-UT) in the amount of $1,954,700.00, which is the lowest responsible bid received in accordance with plans and specifications and that the appropriate officials be authorized to execute same. ( Summary: This project consists of performing modifications to the City's north and south elevated water storage tanks to improve water quality within the tanks by increasing mixing. A booster pump system needed to improve water mixing will require electrical and control system upgrades and will have the capability to be supervised (monitored and adjusted) from the City's RO Water Plant. Additionally, this project addresses maintenance related improvements identified by the Inspection Report prepared by Pittsburg Tank and Tower Company Inc. dated July 22 and 23, 2005. These improvements consist of removal and replacement of the exterior painting system, replacement of tank appurtenances (access hatches, ladder rungs, etc.) and installation of safety features such as tie-off rungs and a new retrieval system tripod. The construction contract time is 240 calendar days, and construction is expected to begin in May 2006 and be completed by December 2006. McKim & Creed, the engineering design consultant for this project and an Engineer-of-Record for the City of Clearwater, has prOVided written recommendation to award the construction contract to Classic Protective Coatings. The City's budget prior to design was set at $2,235,100. The final engineer's estimate was $1,997,050.00, less than 2.5% over the recommended award amount. Resolution 04-36 was passed on December 16, 2004, establishing the City's intent to reimburse certain project costs incurred with future tax-exempt financing. The projects identified with 2006 revenue bonds as a funding source were included in the project list associated with Resolution 04-36. Sufficient budget for interim financing for 2006 Water and Sewer Revenue Bond proceeds when issued is available in the Capital Improvement Program project, 0378-96760, Elevated Water Tanks Upgrade, to provide the funding for this Work Order. Originating: Engineering Section Consent Agenda Category: Construction Contracts - Public Works Originating Public Hearing: No Financial Information: Type: Capital Expenditure .. o .. City Council ,~",,__.A~.!!;~~ ~~~er Memora~~"~_~,;,"_,,,.;,,_ u Bid Required? Yes Bid Numbers: 04-0048-UT In Current Year Budget? Yes Current Year Cost: $1,954,700.00 Total Cost: $1,954,700.00 Appropriation Code(s) 0378-96760-563800-533-000 Amount $1,954,700.00 Comments See summary section Review Approval Glen Bahnick Georqe McKibben 03-02-2006 17:22:53 03-08-2006 08:09:51 03-27-2006 11:58:07 03-06-2006 13:40:27 03-08-2006 11:18:10 03-27-2006 15:31:37 03-06-2006 15:04: 11 03-27-2006 16:37:18 Tina Wilson Garry Brumback Michael Guillen Brvan Ruff Bill Horne Cyndie Goudeau ~ 1"'1320' Date 09/23/04 City Project # Drawn By S.K. Elevated Water Tank Modifications Project Sheet 10f1 Checked By R.F. Sec-Twn-Rng 22-29S-15E Grid # 261A,314A I \. l~ City Council ~..gend~. COV~c!"J~t~c~.~.~,,!ndum_.".__........__ Tracking Number: 2,008 Actual Date: 04/06/2006 Subject / Recommendation: Elect a Councilmember Petersen as Vice Mayor. Summary: Section 2.05. Mayor, functions and powers, provides: "At the first council meeting each April, the council shall elect one of its members as vice-mayor. The vice-mayor shall act as mayor during the temporary absence or inability of the mayor to perform the duties of the office of mayor." Councilmember Jonson currently serves as vice-mayor. Originating: Official Rec and Legislative Svc Section: Consent Agenda Category: Other Financial Information: ~ Other Review Aooroval Cvndie Goudeau 04-04-2006 09:20:07 City Council Cover Memorandum sw-I 11.15 Tracking Number: 1,968 Actual Date: 04/06/2006 Subject / Recommendation: Award a contract (purchase order) to Ring Power, Tampa, FL in the amount of $367,007.00, for the purchase and installation of one New Caterpillar Model 3516MUI Diesel Powered generator, set rated at 1750 Kw, for The Marshall Street Water Pollution Control Facility in accordance with Section 2.564 (l)(d), Code of Ordinances - GSA Contract GS-07F-566R, and the appropriate officials be authorized to execute same. Summary: Public Utilities has started a mult-year renovation project that includes realignment of the plant electrical systems. The goal for this project is to consolidate electrical systems, increase generator support to the entire facility and reduce the number of generators within the plant. The current generator for the Blower building is a Caterpillar 600Kw that is 15 years old. During testing of several electrical systems, the existing generator did not provide enough energy to support one blower motor that supplies air to the Wastewater Treatment tanks. The plant must have one blower operational at all times. The 1750 Kw generator will supply power to three generator supported locations which will eliminate two existing generators. The proposal includes installation of the generator, exhaust and coolant systems. City crews will make the electrical and fuel connections. The existing fuel tank will be used. Funding is available in project 0378-96619, WWTP Generator Replacements, for this contract. Originating: Solid Waste/General Services Section Consent Agenda Category: Basic Purchasing item for another department User Department: Public Utilities Number of Hard Copies attached: none Public Hearing: No Financial Information: ~ Purchase Bid Required? No Bid Exceptions: Other Government Bid Other Contract? GSA Contract # GS-07F-566R ... Cl )0>. City Council 'M,~!!.!!!I C~~~.!.!:...~!.!"oral!.!!.~!n.._w............._...m... In Current Year Budget? Yes Budqet Adiustment: No Current Year Cost: $367,007.00 Annual Operating Cost: $4,680.00 Total Cost: $371,687.00 Appropriation Code(s) 0378-96619-563800-535-000 Amount $367,007.00 Comments Purchase of Generator for Marshall St. Project Review Approval Rick Carnlev Cyndie Goudeau 03-14-2006 10:57:25 03-14-2006 16:15:33 03-23-2006 16:34:48 03-14-2006 15:23: 16 03-16-2006 09:37:07 03-24-2006 08:02: 12 03-14-2006 15:30:08 03-24-2006 09:22:26 Georae McKibben Rod Irwin Bob Brumback Tina Wilson Bill Horne Andy Neff .. City Council ,~~,! c~~,!,!=M~!!!,or~.!!"~",!:!,!!!,._@"""""_"".",,,.@ SW-d 11.lb Tracking Number: 1,995 Actual Date: 04/06/2006 Subject / Recommendation: Award a Contract (purchase order) to Pat's Pump & Blower of Orlando, FL for the purchase of one Aquatech Sewer Cleaner Truck at a cost of $192,041.00 and declare G1902, Vactor Sewer Cleaner Truck, as surplus to the needs of the City for trade-in and authorize the appropriate officials to execute same. Summary: Piggback City of Orlando, FL Bid #5B05-135 with Options for $244,041.00 G1902 Trade-in Value of $52,000.00 Net Award Amount of $192,041.00 G1902 is included in the Garage CIP Replacement List for Budget Year 05/06 Originating: 50lid Waste/General Services Section Consent Agenda Category: Basic Purchasing item for another department User Department: Public Services Number of Hard Copies attached: none Public Hearing: No Financial Information: Type: Capital Expenditure Bid Required? No Bid Exceptions: Other Government Bid Other Contract? City of Orlando, FL Bid# 5B05-135 In Current Year Budget? Yes Budget Adjustment: No Current Year Cost: $192,041.00 City Council Cover Memorandum Total Cost: $192,041.00 Appropriation Code(s) 316-94234-564100-519-000- Amount $192,041.00 Comments Lease/Purchase CIP Review Approval Rick Carnlev Gary Johnson 03-13-2006 09:48:05 03-14-2006 14:55:32 03-23-2006 16:32:10 03-13-2006 14: 19:49 03-15-2006 12:45:47 03-24-2006 08:03:32 03-14-2006 11 :24:57 03-24-2006 09:24:07 Georae McKi bben Rod Irwin Bob Brumback Tina Wilson Bill Horne Cyndie Goudeau Sw- 3 .. City Council ''''''N,,~g,~!ldaN,,!:;ov~,~_~,~,!!!.~,~~"!ld u m=.."_"",__",.,_,,,.,m__< J I. 17 Tracking Number: 1,992 Actual Date: 04/06/2006 Subject / Recommendation: Award a contract (purchase order) to M&J Construction Company of Tarpon Springs, FL for the cleaning, repair, preparation and painting of deteriorated ceiling areas and all structural steel members over the Long Center pool, pool deck and viewing bleachers for $405,000.00 and authorize appropriate officials to execute same. Summary: The paint on the structural steel roof truss system and the underside of the steel roof deck has begun to fail and is in need of attention to prevent further deterioration. The work area encompasses approximately 28,000 square feet, of which approximately 14,000 square feet is over the pool area. The underside of the roof deck (ceiling) is approximately 35 feet above the pool deck. The scope of work includes the pressure cleaning of the entire roof deck, roof truss system and the ductwork; followed by the preparation/repair and subsequent application of an epoxy/urethane paint system to the entire roof truss system (approximately 30,000 square feet of surface area). The deteriorated areas of the roof deck will also be addressed as required using a built-up epoxy mastic system. The product systems to be used are designed to provide corrosion protection in areas of high humidity and chemical exposure. The contractor is planning to use suspended work platforms to provide access to the work areas. Both the ceiling and steel painting will be covered by a 6-year labor and materials warranty issued jointly by the product manufacturer and the contractor Funding in the amount of $205,000 is available in project 315-93246, Long Center Pool. The balance of $200,000 will be provided by a mid year budget amendment transferring $200,000 from project 315-94524, Long Center Major Infrastructure Improvements, to provide the balance of the contract. Originating: Solid Waste/General Services Section Consent Agenda Category: Agreements/Contracts - with cost Number of Hard Copies attached: none Public Hearing: No Financial Information: Type: Capital Expenditure Bid Required? Yes Bid Numbers: 15-06 .. o .. City Council "m__,~g~nda..m C~V~!J~1~,!!!~m!:~"" In Current Year Budget? Yes Budget Adjustment: No Current Year Cost: $405,000.00 Appropriation Code(s) 315-93246 Bob Brumback Amount Comments $405,000.00 Long Cener Pool Project 03-20-2006 13:13:00 03-21-2006 07: 17:08 03-24-2006 10:30: 19 03-10-2006 15:52:53 03-21-2006 10: 15:00 03-26-2006 14:41:42 03-20-2006 16:06:37 03-27-2006 08:30: 16 Review Approval Rick Carnlev Tina Wilson Rod Irwin Bob Brumback Brvan Ruff Bill Horne Cyndie Goudeau ater City Council Cover Memorandum 1)5- \ Id.1 Tracking Number: 1,976 Actual Date: 04/06/2006 Subject / Recommendation: Approve amending the Code of Ordinances, establishing Section 47.053 to requuire supplemental radio communication equipment installation for uninterrupted transmissions through buildings and structures and pass Ordinance 7617-06 on first reading. Summary: The City of Clearwater operates an11-channel public safety radio system in the 800 megahertz (MHz) band. The system was designed to provide clear, intelligible, in-building communication from portable radios with public safety speaker microphones mounted at shoulder height with an area coverage reliability of better than 95%. The City has discovered that some newor existing large building structures affect the radio system coverage. The effect on radio coverage is dependent on location (distance from the radio transmitter and receiver and other buildings in the vicinity), height, front area projections, and construction materials. If engineering studies indicate that there is a potential for reduction in radio system coverage to a level below that considered acceptable for reliable public safety communications, corrective action will be required to assure radio system coverage reliability is retained. At the minimum, a Radio Signal Booster System will be required. In extreme situations, it may be necessary to install a satellite receiver station. This new ordinance includes the requirement for aRadio Signal Booster System. This system will correct for a predicated reduction in the radio signal through fade margin studies. This system will boost signals to a level that is required to assure the 95% area coverage reliability needed for public safety communications. Single-family residences, townhouses as defined in theFlorida Building Code - Residential - with four or fewer stories, multiple family structures with four or fewer stories, and/or other buildings with less than 250 horizontal feet in one dimension are exempt. This ordinance will apply to all newconstruction and remodels/renovations where the cost of the job amounts to 50% or more of the value of the existing structure. Originating: DevelfNeighborhood Services Section Other items on City Manager Reports Category: Code Amendments, Ordinances and Resolutions Number of Hard Copies attached: 3 Public Hearing: No Advertised Dates: 03/26/2006 Financial Information: Review Approval Jeff Kronschnabl 03-07-2006 16:07:32 .. o .. u'~ Garrv Brumback Leslie Douaall-Sides Rick Carnlev Cyndie Goudeau Bill Horne City Council '''_'___N~g~,.~a C;~"~,~!:.M,~!!!.ora !!,~,~ m 'm,",___""m"___~","'"" 03-23-2006 17:22:01 03-07-2006 16:45:35 03-24-2006 14:57:59 03-27-2006 08:29: 10 03-26-2006 14:40:02 ORDINANCE NO. 7617-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE BUILDING AND DEVELOPMENT REGULATIONS; AMENDING ARTICLE III STANDARD CODES, CREATING SECTION 47.053 RADIO SYSTEM REGULATIONS FOR BUILDINGS; TO PROVIDE REGULATIONS FOR A RADIO SIGNAL BOOSTER SYSTEM FOR A PREDICATED REDUCTION IN THE RADIO SIGNAL THROUGH FADE MARGIN STUDIES, RESULTING FROM A NEW BUILDING DEVELOPMENT, TO A LEVEL TO ASSURE THE 95% AREA COVERAGE RELIABILITY NEEDED FOR PUBLIC SAFETY COMMUNICATIONS; AND PROVIDING AN EFFECTIVE DATE. , BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article III. STANDARD CODES, is amended by creating Section 47.053 Radio System Regulations for Building, as follows: Section 47.053. Radio System Requlations for Buildinqs. Except as otherwise provided. no person shall erect. construct or modify any buildinq or structure or any part thereof. or cause the same to be done which fails to support adeauate radio coveraqe for City of Clearwater emerqency service workers includinq but not limited to firefiahters and police. For purposes of this section, adeauate radio coveraqe shall include all of the followinq: (1) a minimum siqnal strenqth of -95 dBm available in 95% of the area of each floor of the buildinq when transmitted from the closest City Police or Fire communications system site: (2) a minimum siqnal strength of -95 dBm received at the closest City Police or Fire communications system site when transmitted from 95% of the area of each floor of the buildinq: (3) the freauency ranqe which must be supported shall be 806 MHz to 869 MHz: and (4) a 95% reliability factor. The effect on radio coyerage is dependent on location (distance from the radio transmitter and receiyer and other buildinqs in the vicinity), heiaht. proiected frontal area and construction materials. If enqineerinq studies indicate that there is a potential for reduction in radio system coyeraqe to a leyel below that considered acceptable for reliable public safety communications, corrective action will be required to assure radio system coveraae reliability is retained. At the minimum. a Radio Siqnal Booster System (800 MHz) will be required. In extreme situation. it may be necessary to install a satellite receiver station. The radio system requlations will be applicable at time of new construction and/or at a redevelopment threshold of 50% value increase if 50% value or more upgradinq of system is reauired. Sinale-family residences. townhouses as defined in the Florida Buildina Code - Residential - with four or fewer stories. multiple family structures with four or fewer stories. and/or other buildings with less than 250 horizontal feet in one dimension are exempt. The Radio Signal Booster System shall consist of an antenna subsystem (typically mounted on the roof or another exterior structure). a bi-directional amplifier subsystem with a backup power supply mounted in a suitable location on one or more floors of the buildinq and an in- buildinq antenna subsystem. The specifications and desian of the system will be subiect to approval by the City of Clearwater Radio Communications Shop or its designee and the Development and Neiahborhood Services Department prior to the issuance of a buildina permit. * * * * * 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 Leslie K. Dougall-Sides Assistant City Attorney City Clerk Cynthia E. Goudeau, January 31, 2006 The Honorable Frank Hibbard, Mayor City of Clearwater P.O. Box 4748 Clearwater, Florida 33758-4748 Dear Mayor Hibbard: The City of Clearwater has proposed a requirement that communication relays be installed in certain new buildings or reconstructed buildings. The purpose of the relays is to facilitate improved radio communications by emergency personnel while the personnel are operating within a building. After reviewing the proposal, the Board of Directors ofthe Tampa Bay Builders Association voted to support the proposed requirement. The Board concluded that such installations would offer a greater level of protection to the public and would assist emergency personnel in the performance of their duties. Thank you very much for the opportunity to comment on the proposal. Sincerely, Joseph A. Narkiewicz Executive Vice President Cc: City Council City of Clearwater, Florida Building Requirements For Radio Communication Transmissions Guidelines Specifications and Design Criteria As per the City Code of Ordinances, Section 47.053, except as otherwise provided, no person shall erect, construct or modify any building or structure or any part thereof, or cause the same to be done which fails to support adequate radio coverage for City of Clearwater emergency service workers including but not limited to firefighters and police officers. The regulations shall be applicable at time of new construction and/or at a redevelopment threshold of 50% value increase if 50% value or more upgrading of system is required. The specifications and design of the system will be subject to approval by the City of Clearwater Radio Communications Shop or its designee and the Development Services Department prior to the issuance of a building permit. PUBLIC SAFETY RADIO AMPLIFICATION SYSTEM Radio coverage. For purposes of this section, adequate radio coverage shall include all of the following: (1) A minimum signal strength of -95 dBm available in 95% of the area of each floor of the building when transmitted from the closest City Police or Fire communications system site; (2) A minimum signal strength of -95 dBm received at the closest City Police or Fire communications system site when transmitted from 95% of the area of each floor of the building; (3) The frequency range which must be supported shall be 806 MHz to 869 MHz; (4) A 95% reliability factor. Amplification Systems Buildings and structures which cannot support the required level of radio coverage shall be equipped with either a radiating cable system(s) or internal multiple antenna system(s) with or without FCC type accepted bi-directional 800 MHz amplifiers as needed. If any part of the installed systems contains an electronically powered component, the system shall be capable of operating on an independent battery and/or generator system for a period of at least twelve (12) hours without external power output. The battery system shall automatically charge in the presence of external power input. If used, bi-directional amplifiers shall include filters to reduce the adjacent frequency interference at least 35 dB below the NPSPAC band. The filters shall be tuned to 825 MHz and to 870 MHz so that they will be 35 dB below the NPSPAC frequencies of 824 MHz and 869 MHz respectively. Other settings may be used provided that they don't attenuate the NPSPAC frequencies and further provided that they are not more than one MHz from the NPSPAC frequencies. Test Procedures When an in-building radio system is required, and upon completion, it will be the building owner's responsibility to have the radio system tested to ensure that two- way coverage on each floor of the building is a minimum of 95%. Each floor of the building shall be divided into a grid of approximately twenty (20) equal areas. A maximum of two (2) nonadjacent areas will be allowed to fail the test. In the event that three (3) of the areas fail the test, in order to be more statistically accurate, the floor may be divided into forty (40) equal test areas. In such an event, a maximum of four (4) nonadjacent areas will be allowed to fail the test. After the forty (40) areas test, if the system continues to fail, the building owner shall have the system altered to meet the 95% coverage requirement. Talk back testing from the site to the City of Clearwater Radio Communications Shop shall use a three (3) watt portable transceiver with speaker microphone and flexible antenna. A spot located approximately in the center of a grid area will be selected for the test, then the radio will be keyed to verify two-way communications to and from the outside of the building through the City of Clearwater Radio Communications Shop. Once the spot has been selected, prospecting for a better spot within the grid area will not be permitted. Field strength testing instruments are to be recently calibrated (1 year) and of the frequency selective type incorporating a flexible antenna similar to the ones used on the hand held transceivers. 2 The gain values of all amplifiers shall be measured and the test measurement results shall be kept on file with the building owner so that the measurements can be verified each year during the annual tests. In the event that the measurement results become lost, the building owner will be required to rerun the acceptance test to reestablish, the gain values. A representative of the City of Clearwater Radio Communications Shop or its designee will oversee the acceptance test. A certificate of Occupancy will not be issued to any structure if the building fails to comply with this section, Annual Tests When an in-building radio system is required, the building owner shall test all active components of the system, including but not limited to amplifiers, power supplies and back-up batteries, a minimum of once every twelve (12) months. Amplifiers shall be tested to ensure that the gain is the same as it was upon initial installation and acceptance. Backup batteries and power supplies shall be tested under load for a period of one (1) hour to verify that they will properly operate during an actual power outage. If within the one (1) hour test period, in the opinion of the testing technician, the battery exhibits symptoms of failure, the test shall be extended for additional one (1) hour periods until the testing technician confirms the integrity of the battery. All other active components shall be checked to determine that they are operating within the manufacturer's specifications for the intended purpose. Five Year Tests In addition to the annual test, the building owner shall perform a radio coverage test a minimum of once every five (5) years to ensure that the radio system continues to meet the requirements of the original acceptance test. The procedure set forth above shall apply to such tests. Qualifications of Testing Personnel All tests shall be conducted, documented and signed by a person in possession of a current FCC license, or a current technician certification issued by the Associated Public-Safety Communications Officials International (APCO) or major radio system vender such as MIA-COM or Motorola. The building owner shall retain all test records on the inspected premises, and a copy shall be submitted to the City of Clearwater Radio Communications Shop. 3 Field Testing City of Clearwater Radio Communications Shop personnel, after providing reasonable notice to the owner or his representative, shall have the right to enter onto the property to conduct "field testing" to be certain that the required level of radio coverage is present. Exemptions Single-family residences, townhouses as defined in the Florida Building Code - Residential - with four or fewer stories, multiple family structures with four or fewer stories, and/or other buildings with less than 250 horizontal feet in one dimension are exempt from these regulations. For purposes of this section, parking structures are included in the definition of "building" and stair shafts are included in the definition of "all parts of a building" but elevators may be excluded. 4 City Council m__".,,"_,....,...~~N~.,~,_co,.~.~,,!:__Memo~d U m,,,, ORLS - 1 Id.d Tracking Number: 2,013 Actual Date: 04/06/2006 Subject / Recommendation: Appoint one alternate member to the Community Development Board with the term expiring on April 30, 2010. Summary: See attached list of CDB applicants. Originating: Official Rec and Legislative Svc Section Consent Agenda Category: Other Number of Hard Copies attached: 0 Public Hearing: No Financial Information: ~ Other Review Approval Cvndie Goudeau 03-24-2006 09:34:36 BOARD: Community Development Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Yes RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: board shall include members qualified and experienced in the fields of architecture, planning, landscape architecture, engineering, construction, planning & land use law and real estate MEMBERS: 7 & 1 alternate CHAIRPERSON: David Gildersleeve MEETING DATES: 3rd Tues., 1 :00 p.m. PLACE: Council Chambern APPTS. NEEDED: 1 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. Daniel Dennehy - 1815 N. Ft. Harrison Ave., 33755 - Original Appointment 12/04/2003 - Real Estate Development (Currently serving on this board as an Alternate member - Term Expires 04/30/06) THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. Richard Adelson - 2670 Red Oak Ct., 33761 - Architect (Currently serving on the Municipal Code Enforcement Board - Term Expires 10/31/08) 2. Norma R. Carlough - 1756 Ashton Abbey Rd, 33755 - Retired/Business Mgt. (Yes to alternate seat) 3. Robert P. Fernandez - 301 N. Hillcrest Drive, 33755 - Retired Vice President Operations (Yes to alternate seat) 4. Rita Garvey - 1550 Ridgewood St., 33755 - Former Mayor (Yes to alternate seat) 5. Aaron D. Greenberg - 142 Bayside Drive, Clearwater Beach, FL 33767- Zoning Attorney & Developer (Yes to alternate seat) 6. William L. Johnson - 479 East Shore Dr., #1,33767 - Real Estate (Yes to alternate seat) 7. William P. Kirbas - 34 Bohenia Cir., N., 33767 - past member Parks & Recreation Board/Financial Advisor (Yes to alternate seat) 8. Bob Luna - 774 Snug Island, Island Estates, 33767 - Bus. Adm. & Management (Yes to alternate seat) 9. William J. McCann, PE - 1563 Turner St., 33756 - Professional Engineer & Planner (Yes to alternate seat) 10. Gerald L. Schauer - 2958 Somersworth Drive, 33761 - Semi-Retired/Banking (Yes to alternate seat) 11. Christine Travis - 1216 Bermuda St., 33755 - Landscaping/Bachelor in Political Science (Yes to alternate seat) 12. Shawn Yang - 1466 Rosetree Ct., 33764 - Real Estate Agent (Yes to alternate seat) Zip codes of current members: 3 at 33755 3 at 33759 1 at 33761 1 at 33767 Name: RECEIVED DEe 02 2003 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) OFFICIAL RECORDS AND '~ LEGISLATIVE SRVCS OEPT UA.t-.l\\n- \~e~~\ Home Address: l "/1... S- E O~ G'c.....J ~ eQ.. C-u:; t\l\ wl\taL Telephone: 1-1 CO, 4400 How long a resident of Clearwater? it \tAL<; Occupation: No-rrn- O'NNe~ Field of Education: E:>S (t-J t\t-...o..\\1CC.-lUfU': - N~ YOlk. \ N<;"{f1\.Ka- 0;:= le-o...v~Oc.,~ \l11<tJ- \019J~ ~IU~ Zip ~~ lSS" Office Address: ~M6 Zip Telephone: 14\. 31-C,s- Employer: ~\.....~ Other Work Experience: ~ e;1~ ~ ~A~~tavl~ Ar--n 1)..-\J~..oPM~ If retired, former occupation: Community Actiyities: CyA\ll...,,",~ c1; 1cG6 Cu.~tul~ ~lt,\I\J) M~~ 0;:. L,. t; \o~ Ck\~""btL o~ Crft'-\M~ ,~()\JN()~ ~ Ct~,,~ 4 R- P~Iv4rM Other Interests: t)('1I\M) M~h.,~ n~ Ye M~I\c.. ~fl.p,wr; ~ IL./e- ~Or ~M,,'\,A Board Service (current and past): Board Preference: I},QJ~ U,..\,A..JT~_ ~OJV C.~M1J\T\') - c D ~ Cu.A,t\...~MJ Additional Comments: Si9:~~~ " Date: l~ l\ ()~ See attached list for boards that require Financial Disclosure at time of appointment. Please return this application and board questionnaire to: Official Records & Legislative Services, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Ayenue. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? \!-Ie CDh IS lLe~P<1~lbl.A~ l=tJL P..5\J\~ ~ f\fffLbvro- cJt:. AU~ '26N\t-,)~ At-.i'J tA"-<) l>Se 1'":h1Je'S \U.I(T ~f'\T1=:.. fl6COr"\MI,}N(}<) ALe ~ )(~ I N CO'"' PUJ-\-.,.)c:....O' ~ cuQ...\-~~ I2..GCtU\...A:'\\ClN", 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? Ve:; I . 3, What background and/or qualifications do you have that you feel would qualify you to serve on this Board? \ Q..BC-e\vt1J A ~ ~fLtX; {t-.J A~qv~l'-}ILC AN() HJ\vg ~Q.kV'O F'OL YRAC\.~ ,,<, AJ ""t-c.u~, ~r-re M~tV~C,~\ ,,~ MAt>- )~c:,GiL ~ ~G\..,()PcQ.... \ AM A..L'SI:J A LAND ~ . b\JSI N~<::::> OlNtV\l""'Q..- I~ lUf:; C\'1'T at: CL eAr-.,......) ~{I.J--tL . 4. Why do you want to serve on this Board? \ ~E"L' fN'\f -ru.~\ CL,..eA;l\ ~~ IS ON A PK7~ t't:=" ~lLoWIU ~ \M~O-d\MV\ ~ o~ Q.e~ 6S""iK\G \ J^\AH:b P\vO 1 I . \ L...>Ov\....tJ \....\~ \D ~~~ \:2.t'b~ ~ P\I\..\ ClAjA;lL A~ Cot0..:6\'Sl~ l1Uh~ "'1\46 G,o~~ ot= oUlL COt-"lM\llV'I"( Nam~ AN' b"L. "'De.->tJ~ Board Name: C. 'U ?::J CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: IZ at;,1iIJl.D Al'I:u5f1lJ Home Address: "'2..1>70 ~s.P a41'- cT cl..6r~'('Te~ FL Zip mil Telephone: 7Z7 - 7il~ - S1~ . How long a resident of Clearwater? Z 7 y,s Occupation:-AU W .TE&t Field of Education: . ~~ Aru:.. fSNG. Office Address: SAJIt 6 Zip Telephone: Employer:'l.~~SDN' f ks~ /,., t- Other Work Experience: If retired, former occupation: Community ActiYities: Other Interests: Board Service (current and past): ..MVJJ/"JPA~ Co'tl6 StJf""~ 'IP Board Preference: U)MIM/J)I 11 OElIELoPM&=t-rr Sw)ir.p Additional Comments: Signed: IZ.XJ ~ Date: ~/z.J J"'~ 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 337584748, or drop off your application at City Hall. 2nd Floor, 112 S. Osceola Avenue. RECEIVED ~'-l 27 2006 .oFFICIAL RECORDS AND lEGISLATIVE SRVCS DEPT BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? JWtQPI'~ MLIT1"U6 ~1!~J1' T... -ptAJIII'IO~ i ~6U~Wf6I1T. C"ppJ;1/1eft'6 PU,Ul- ~/"4'.. c..~.ve(.$ pe6J~'N UII'~";; .VA~ H~I1P.JC.. " A""U~'t1.DN I.. ~1Ilt:J# tl6t:lu'ITG f,,~ ~ ~ P'lJI.1 ~~ V ~.Zt1NI/+II!;S 2. Have you ever observed a board meeting either in person or on C-View, the .. City's TV station? f{~ .. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? ~6 y"J of. '~{,tJ"nV~l., fJt.te:rlCE- 4. ,Why do you want to serve on this Board? ,... WLP fJlUt:15 TIfIlE ~"",tr1.VN'If'~ I t-IIN IN. I Name: Board Name: CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) D (' K. ..~ (_0 l~ C;' If Il _ Office Address: tt;5 BE y fb CLC.ft-RLUIt-Tf 1< zip-33/~~/ Telephone: V c.j .3 \ 3 b:5 0 Telephone: How long a resid~t of Clearwater? .3"3 y ~-r Occupation: i.. f TIt!., f:...b Field of Education: BU S/ /..JE SS if1c ( Name: ~ of-. m It Home Address:/) __ . I 7 C;(, /~H TO iJ RECEIVED APR 22 20D4 OFFICIAL RECORDS AND L'GISLAflV! SRv(,;s OEPT ZiD If retired, former occupation: Community Activities: [ . Other Interests: Board Service (current and past): fAb Board Preference: 0-/).6 Additional Comments: I !J rE.-eb T Lb ( IV litre ~/ (/V~ ;.., OC)KIIJ~ FD t< fYI OK L @ftltJ. C t M-i' I A..G Tr! flrJ) / E ItI3 .. 'O/Y A K t / J n V' , :'->-\ " I: / k)~ (]).B ' o 1010 I! 17//../1 ry Signed: Date: ~,').I oy See attached list for boards that require Financial Disclosure at time of appointment. Please return this application and board questionnaire to: Official Records & Legislative Services, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S, Osceola Ayenue. BOARD QUESTIONNAIRE 2.' Have you ever observed a board meeting either in person or on C-View, the Ci~tationl " ~ (J'W+-fuu h~ ~, ~ ~Qc'. ~CLQ \) C [) f, {?wQ .--fr-+-.(:. Or-- . Q - Vr.12 U./) ( 3. What background and/or qualifications do you have that you feel would qualify . you to serve on this Board? ,... ~ - '11 n L- ~ . l k Iv n. . I ... , ~L j ij - 0;() . ,. ~J0UJ-O~'ft1 ~ Cl\'vfu~ ~ fh~) ~rf~j f /, ,ILIlACt" Lu~ j S~-& ~~ ~ (~ S~\JXS, ~l\)-~c-,fc)..l(J I~~l~ . 53~, :;~ ~[;" ~ :: Uvw,\k"-~ ~f; ~ ~~t ~-!jlJu.JQ fl> ~ <-~ · 4.. Why do you want to serve on this Boa:,d? Q " ~.. ~~ ~ ~ l~~~L~, 1. What is your understanding of the boar~'s duties and r~i':.~esl '. ' o /.~jvh.~i ,-Iv A9~'-k '. A.~O(~cr w~ ,~. Cl~ LU hV-.~ "t\J!..l...'L+~.J_~ 0....... I . -tv ~ ~S:' ~t\Go 6-P . () ~ . Name: Mo~mr~ I? (k,Lou.C; 1+ Board Name: Q D 8 RECEIVED CITY OF CLEARWATER - APPLICATION FOR ADVISOR)Oft~ (must be Clearwater resident) OFFICIJ\L f<ECO;~DS AND LEGj:';i.ATNE SRVCS DEP'( Name: Robert P. Fernandez . Home Address: 301 N. Hillcrest Drive Clearwater. FL Zip 33755 Telephone: (727) 461-7674 How long a resident of Clearwater? _21 yrs. Occupation: Retired Field of Education: Hiiili School. and courses at Nia2ara Commun, College and Bryant & Stratton Business Colleae Office Address: Zip Telephone: Employer: Other Work Experience: Consultant in establishin2 community markets in the state. Worked with developers in establishing sites for retail locations while employed with a maior corooration before retirement. If retired, former occupation: Vice President Ooerations. Convenient Food Mart stores Community Activities: Volunteer Friends of the Library book store: General ManalZer of Downtown Clearwater Farmer's Market . Clearwater Main Street Joint Venture active member. RelZUlarlvattend state auarterly meetinlzs. Other Interest: Board Service (current and past): Downtown Development Board current City Design Review Committee past Enterorize Zone board current Jolley Trolley Board Member current DirectorFl. Assoc. of Community Fanner's Markets Board Preference: Community DeveloDment Board Additional Comments: Active oarticioant and event planner in Clearwater community Sigrr~-Ut--'f Date: ~CZ~t2f See attached list for the 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 offat City Hall, 2nd Floor, 112 S. Osceola Avenue :! BOARD QUESTIONAlRE 1. What is your understanding of the board's duties and responsibilities? Familiarity with development and zoning requests as well as land use plan chang.es and rezoning. Also serves as a member of local planninlZ alZenev. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? Yes - C- View and in person. . 3. What back-ground and/or qualifications do you have that you feel would qualify you to serve on this Board? Knowledge of city and Clearwater's Visions and Values with experience as an executive and decision-making ability ,. 4. Why do you want to serve on this Board? I feel I have the advanuuze of insight in all city lZovemment operations relating to important city develoDment matters. Since I am retired I have the time and dedication and inteRcity to serve on this board. I would not 2ain personal Iv as I am not involved in anv maior real estate. consultaO.t or development opoortunities. Am very interested in taking part in the planned development to lead Clearwater into the future and would review each issue before the board with due diligence.. Name: Robert P. Fernandez Board Name: Community Development Board y' -1 t. Name: CITY OF CLEARWATER - APPLICATION FOR ADVISORY' ~~QF I V E D (must be Clearwater resident) JUN 20 2001 t rrTl- G II-lIJ G,Y CITY CLERK DEP.~IiNT " Home Address: Office Address: l~ ~ D R.iJJ Gf f1.)() 0 IJ Sr-. ('.JLW f<-- zi0337SS- Zio Telephone: 7:J 7-t/t/~ - I '!ff1S- Telephone: How long a resident of Clearwater? . .} (--!jJ1.A.A->O Occupation:--lJ /()~ Employer: . JJA--S . }fj~ .~~ If retired, former occup Community Activities: ~~, ....... Other Interests: Board Service (current and past): L I U. IflY f5() it.. f\ Bot~~~M Additional Comments: Signed: Date:J - /9-6/ 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 V/~/o~- WP~J~ .. BOARD QUESTIONNAIRE j r 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? Jf~ - (!Y\J2 - Vl~..L-<> 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? ... P~y/~d\- ~~ 4. Why do you want to serve on this ~ ~-~A ~. ~ J~v.-,f- '~~ ~. - Name: Board Name: tIJ6 RECEIVED AUG 23 2004 . ~~~~~ CITY OF CLEARWATER - APPLICATION FOR ADVISORY'~~~f)SRVCS DEPT (must be Clearwater resident) Name: Aaron D. Greenberg, Esq. Home Address: 142 Bayside Drive Clearwater Beach, FL ZiD 33767 Telephone: (727) 445-9003 How long a resident of Clearwater? 2~ years Occupation: Zoning attorney & developer Field of Education: Harvard Law School- J.D. (1997) Columbia University - B.A. (1994), urban studies major Office Address: 142 Bayside Drive Clearwater Beach, FL ZiD 33767 Telephone: (727) 686-1556 Employer: InterCoastal Habitats LLC Other Work Experience: (See attached resume.) If retired, fonner occupation: Community Actiyities: Other Interests: Architecture, history, boating Board Service (current and past): Board Preference: None Community Development Board Additional Comments: Reference: Rosemary Ginty. Esq., Vice President for Government and Community Relations, New York Botanical Garden (718-817-8962). Signed: a-.. ~ . Date: y!J.3~+ I I 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 S. Osceola Ayenue. AARON D. GREENBERG, ESQ. 142 Bayside Drive Clearwater, FL 33767 (727) 445-9003 · Fax (727) 461-4780 Email: aarongreenberg@msn.com PROFESSIONAL EXPERIENCE interCoastal Habitats LLC - Clearwater, FL (2002-present) Founder and Managing Member . Currently managing development of 6-stOlY, 18-unit luxury waterfront condominium project in Dunedin, FL. . Responsible for all zoning approvals; overseeing all legal work, budgeting and marketing efforts; producing all sales materials; negotiating financing and all contracts. Wachtel & Masyr, LLP- New York, NY (1997-2002) Associate, Land Use and Zoning practice group . Represented clients on residential, commercial and retail projects in New York City with particular experience in managing complex multi-agency development approvals for mixed-use urban projects. . Performed zoning analysis, development feasibility studies, architectural plan review, and community relations. · Wrote zoning opinion letters and certifications, environmental assessment statements, development agreements, restrictive declarations, contracts, and press releases. Prepared and reviewed environmental impact statements. . Coordinated lobbying and planning efforts with daily interaction between clients, architects, engineers, environmental consultants, traffic consultants, numerous city and state administrative agencies, Offices of the Borough Presidents, City Council, and local Community Boards. . Clients included The Related Companies, The Home Depot, Target, Forest City Ratner, Costco, Blumenfeld Development Group, Edison Parking, ZeckendorfRealty, Gotham Development, Hines, and various educational and non-profit institutions. Altman Kritzer & Levick, PC - Atlanta, GA (1995) Summer Associate, Real Estate practice group . Performed contract and lease review and legal research. Wrote chapter of book. Key Shopping Center Legal Issues (International Council of Shopping Centers, 1995). Greenberg Farrow Architecture - Atlanta, GA (1990-1994) Summer intern . Model-making, logo design, presentations, computer aided design and drafting with working ability in AutoCad and Adobe Photoshop. EDUCATION Harvard Law School, J.D., 1997 (magna cum laude). Columbia University, B.A., 1994 (summa cum laude), major in Urban Studies. BAR MEMBERSHIP Admitted to the Bar in Florida and New York. References available upon request. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? The CDS decides discretionary land use approvals in accordance with the criteria of the Community Development Code. The Board also hears appeals from Planning Department decisions and makes recommendations to the City Council on zoning and land use plan amendments. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? I watch Clearwater CDS hearings regularly, and I have testified numerous times as an applicant before zoning boards in other municipalities. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? I have extensive familiarity with the issues of land use regulation due to my experience as both a zoning attorney and a real estate developer. I believe I can decide cases with the fairness and insight of a practitioner who appreciates the economic, architectural and regulatory factors that influence development. 4. Why do you want to serve on this Board? I want to assist the Board in improving Clearwater's neighborhoods by nurturing economic growth in a deliberate, responsible and intelligent manner that will safeguard the character of the community. I believe we can hold developers to a higher standard while simultaneously creating a hospitable growth environment. Name: Aaron D. Greenberg, Esq. Board Name: Community Development Board CITY OF CLEARWATER - APPLICATION FOR ADVISORY Bo~EIVED (must be Clearwater resident) MAY 2 8 200~ Name:William L. Johnson Home Address: 479 East Shore Dr. #1 Clearwater Office Address: OFFICIAl RECORDS AND lEGISLATIVE SRVCS DEPT Zio33767 801 West Bay Dr. #406 Largo, FI. Telephone:641-3444 Zio33770 Telephone:44 7 -0861 How long a resident of Clearwater?20 years Occupation: real estate Field of Education: Employer: self Other Work Experience: First Federal S&L of Tarpon Springs, 1970-1980, left as Exec. V-P, Rutenberg Corp._ 1980-1991, Exec. V-P, in charge of real estate_ self-employed in real estate brokeraae and commercial development since then. Community ActiYities:Planning and zoning board, city of Clw, and Community Dey, Board UniY. of S. FI. BA. Business 1973 Other Interests:running, exercise Board Service (current and past): P&Z. Community Dey. Board Board Preference: CDB Additional Comments: Date: py()J( See attached list for ards 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 S. Osceola ~venue. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? _ _Since I was a member of this board previously I fully understand the duties and responsibilities of the CDB board._ 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? _To many times to count_ 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? Since I am in the commercial real estate and development field, I deal with engineers, attorneys and planners, tenants and other developers on a daily basis, I also deal with other city governments, county government throughout the state. I have lived out on the beach for the past 20 years, financed many homes in Countryside while at the bank and developed many homes and office building and the north wood plaza area while at Rutenberg, Recently helped in the redevelopment of LaBelle Plaza, Publix, at highland and Belleair. 4. Why do you want to serve on this Board? First and foremost to give back something, my time, to the community and help forge the city into the place I want to live the remainder of my lifetime. I also enjoy the interaction with the other board members and the sometimes tough decisions we are asked to make. I also like to know what is going on in the city and the CDB board is next to being on the commission and I don't think the public could take two Bill Johnson's on the board. Even though some people said that they did vote for me this last election, Bill Jonson., they didn't notice the name difference. Name:_Bill Johnson (William) Board Name:_Community Development Board_ I .~ CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: WTT.T.TnM p KT~'Rn~ Home Address: Office Address: Telephone: 446-4870 How long a resident of Clearwater? Telephone: 34 Bohenia Circle North 100 Clearwater, Florida: ~p 33767 Occupation: Financial Advisor lA yp~r~ I Employer: Ame~ Express \f<.~-\; r4td Other Work Experience: Field of Education: Associate degree, engineering Maqnetics enqineer B.S. degree, physics & mathematics M.B.A. deqree, finance & marketinq P'~nt M~n~~pr General Manaaer If retired, former occupation: n/a Business owner Community Activities: Director, Jolley Troll P-y. ni rp{"tnr ^' VP ('1 P;HlJrlt!:.r 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: {}i~ Date: Aoril 13. lqqq 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 l/cl/Ol- ~ f ~AJ bo~ \(-:,+s \lJ~(oa. - l~ _ 0(' U _ l'. . S'~.) 03 _V~ tl, ec-ct,~ ~~, RRCEIVED APR 1 ~ 1999 CITY CU::;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 boaro provides me wit~ a thorough appreciation of the board's purpose and responsibility. I have a keen interest in athletics and. recreation ~y way of my ~articipation. I have a sound hackground in finance that could help in prior- itizlng evaluated projects. 4. Why do you want to serve on this Board? I'd like to continue working toward the objectives set durina.my previous term in makinq the parks and Recreation Depa~tment the finest in the State of Florida and its facilities and ~rograms second to none that we would be prouel of. Name: lrJilliam P. Kirbas Board Name: par1-cs R~t,(~F1IVE~D andR~cr'ea t ion iWR 16 1999 CITV GU:':\K DEPT. -. ( 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 of, development 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. I've addressed the city commission and various boards relating to codes, planning and zoning. I'm more than familiar with the affairs of the City, past and present. I'm interested in enhancing tha quality of life .for our Name: residents and I would offer my advice to achieve it. Board Name: Cnmmlln i 8 ~CE;Jm~l5 D ~\PR 16 1999 William P. Kirbas CITV CLEilK DEPT ~ Jan 05 05 12:22p Bob Luna 727-443-3685 p.2 '. ,~\:;:;ij}i~:,,,,?;,:;:;;~.,i;;;;.::~::: , , · ..;.: -'1'irMf!,;?::~m.~~$ -. ~ ':"::j~'~~(~'~~':'\: -::'-,',' )~~rt~gC(':i -. ......- ':"~'..". : ::,;' /:'i"::; ~;: ::<." : ,:.~ :;1:~.:. .. . '.. ;, ::i(:>~;i'}~,' ;~'T~';::.:r:CITY OF CLEARWATER - APPLICATION FORtAt>\i'~RY BOARDS '".:: ", .> : -" (must be Clearwater resident)' , ,. .: _ .N~rrJEt:'f3ot j vA/A . ..'" - . -~.' Home Address: '77 <f - SIJU 6- Ic::LA~O. / 5I..11~f) 8.7ATCf C./-flf/Ztvlt1Cr 5?h.fI Fi.ZiD '3~?G? Telephone:7~?- StY/-~~Y How long a resident of Clearwater? 3 'j'lfl-P) . Occupation: e./I,er/tii'-1/f;.- f Ij)Pfi'lllXl-.:r =-::::. Employer: -1116 /-. VA/II (!JRGA-~I s~T/a^ Fie~d of Education: ,<~ Other Work Experience: 8t/5 A-/?;c?- ff t?'Ylfi,4.l6 \"">'~~ '" UP/llloN"~If{'~ r/-J-aAr- ti OPo; . )... VA.l~ PG',f(: E<;1117i?- IVff#E--^'T a.. a "~ - ~ /. () pA ,I);'i7IbP1" SlpG~ s./'Ic./1"'I'-r LLc. If retired, former occupation: .J. (/",vA ";',z T C'P,II-//tFfl lei- f (-tJ. Community Activities: -(!/IH"II3Er ()~~~&-I1f'"({Jli;,4IiICA4-T'Ff-) /JMI3;J5.{1+/)oll . . . , 9/11l-1M:RJ /.vn;:Il";"""~~c.. ) SHIlI~ilJ /f1~J7/fc. R;/lCIfI(.lJffJ'~ 7~fA. Other Interests: rt?~~f-A-c~'ff'(7iJ h ~d#.s Board Service (current and past): Gv//Jc ])(/(;.. Fow'-'1)A71;'~ F()((. 7H~ &"/tA-j . S/H11rl~'- HY'. ' ~/;f?f~<' 1/1n {I;- - ~ Ct-~F.:,() v I -AW/Sopc/ S"fffi? ':,'il THE- pew Yo~k ST/'tr~ ~~(,,~ Additional Comments: r~~ ~ Office Address: 9A-MI;' ZiD Telephone: S/;/1I4 ~ Board Preference: ~7)~~~ (j,( &l-t~J t!Yl. I~,'j ~j ~<-<.1i--C.(. ~ ~/... Jan 05 05 12:22p Bob Luna 727-443-3685 p.3 :' "": "",'i~{;~~:;~:/H*-);;;~!,0."~,t}~!t~~U~:,:,:,',,,, 'BOARDQUESTIONMAJRE " : '''.,'.~." " ...;; ;i;$~il;~~~"~'~ Of"~~~~~~.. ;:,:~',';i;~:~~~i*i~~~t~ .,;' ..,~-,.~" ~;fi ~ A'~~ "<," ...'>#i~~~I~;:::'; ~ :';>>i;1:~S'~~';;.. " ,', ' " 'i.",.' /J /1 If! L~. ~/_'" A ~ ,.',','-,;':<:::J~J""r~~--...... ~ ~ ' ._ .. __._.........__.~.._. .~_-.-' _._..__~.__....:..:_~___..:...:._.......:........_,.;-;.~._..._..'._-'~'.'_'" ....::-.-a:~-_._--_......""""",~_..... .'::--....._ .:,.-.."..'- _-"_0 _...:_-....." 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? --$-S . ~~f5 3. What background and/or qualifications do you have that you feel would qualify you to seNe on this Board? ~ t~~ ~ ~ 1ft. ~'~ ~ .-I~ ~ eft a.,;~~ t1 AN~'I~ ~-'~ c.:,..., -f~ -fk(V#A..- ~~.J ~~'~ ~ 4. Why do you want to serve on this Board? ~C-~~ --f-~~ t~ ~ ~, ,.AA- ~~h -~ ~'kl'~ 0/ J!4 ~.dt~ 0; 14 "'~ 0/ ~ a:i!fJ ~/~fi~MA~~ (~) , 02/07/2005 09:52 7274413040 MCCANN ENGlt-EER PAGE 03 CITY OF CLEARWATER -APPLICATION FOR ADVISORY BOA~~~E'VED (must be Clearwater resident) FEB 07 2005 Name: William J. McCann. P .E. Home Address: Office Address: 1563 Turner Street .1627 So. Mvrtle Avenue Clearwater. FL ZiD 33756 Clearwater, FL Telephone: 727-443-7660 Telephone: 727-643-7660 How long a resident of Clearwater? 12 Years - Since October 1993 Occupation: Professional En!:3ineer Employer: McCann Enaineerina Field of Education: Other Work Experience: B.E. in Civil Enaineerina City Planner, Structural Engineer. Masters in City & Reaional Plannina Civil Enaineer. Plans Examiner OI=FICIAL RC06lfOS ANu , lEGISLATIVE SRVCS DEPT Zip 33756 If retired, former occupation: Community Activities: Other i Interests: Board Service (current and past): Desicm Review Board Board Preference: Municipal Code Enforcement Board Community DeveJoDment Board Additional Comments: Signed~L.-- Date: ~/7/0~ 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, CIQarwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. 02/07/2005 09:52 7274413040 MCCANN ENGll'EER PAGE 02 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? -rP Lk.vO<K:7 fle~/AJ~ ~,u ~rpee'li'lY1eJ7 pr Fte~. t:)CGv~Ano~~'- l/t::j!:,()se- 13~/t..O/A.JCI .' . , , - :?pAJW~. :5/~,A./.$ A~O l2s-"47"~!) ./ arr'f Cpo err 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? YE"S 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Soard? . :J. Alii} .tl L/t:!Ir;..ls''-1'.1 ~I"~.sll"'./""" !;;.;tt IPe1if€ ; Ap/J W~/2Ke-O As A 7LAJJ$ E)'4MIM et<.. h,Je. t;; ye'''1 BS- . -:;: //6J p,,", TIfG -ezt,)ILPI,J~ ~ os-oS ApLJ -r;.-l~' 3~/AJ.~ ~OE""S. J:. vSc r#~ lOoJl-DJiJ' e'f)D~ eve12Y 7)A 'f 4. Why do you want to serve on ,his Board? "J' W,tw, Jb 12'0 SDlVltr FiJI<. rHG ~rry. ~ ,. m~ CPOe-s. ;50 :r CAIwI )!,AJ"..J/ejJ~ "-10 !laP THg" ~ l uJc.J 7e1!!1<- {,U Dek. ,eA.,JlJw mA~'t. OF , A/JjJL Y jVJ '1 6rr'1 . Name: UJ,/(/~M :r. flI/ .::PC~,J~ f {.;. Board Name: M V jl./I<O'....L. Co 0 &, GAl Fo tee liMIT"''' Bol't,eo Oct 15 04 01:49p Jerr:;t Schauer 727 784 SOlS p. 1 RECEIVED OCT 1 5 2004 OFF!(';;;-".L RECOI<DS AND i ~':':;;;;LATiVE SRVCS m:Pi' City of Clearwater - Application for Advisory Boards (must be a Clearwater resident) Name: Gerald (JellY) L. Schauer Home A<ldreu: 2958 Somersworth Drive Clearwater, Florida 33761-1939 Office Address: Same Telephone 727.784.6015 Telephone: 727.560.2535 How long a resident of Clearwater Since 199] ( 13 years) Occupation: Semi-Retired Employer: Part Time _ Coa~aIEn~rorunentm Concepts, Inc. Field of Education B.A Degree in Education B.S. Degree Accounting & Economics Other Work Experience CL T - Software Bank of America - Banking 25 yrs Secondary Education 4 yrs, If retired, former occupation - Banking - retired from Bank of America Community Activities: Serv~ 011 Pinellas County School Boar.<f Budget Review Committee - A volunteer with American Red Cross Other Interests: Boar4 Service (aurent -and past): Board of Adjustments (City afCoraJ Springs) . Board Preference: Community Development Board (COB) Additional Comments: I have extensive experience in interpreting policies and procedw-es u dir.ected by.businessmanuals and management. I also AA.vP. "~,.~JJ....+ ne 0 'ation slri"" . , Date /OP~ Y Oct 15 04 01:50p Jerr~ Schauer 727 784 S015 p.2 Board Questionnaire 1. What is yoor understanding of the board's duties and responsibilities? The board members must have a working knowledge of the City's planning and dev.e1opment codes. They must be abIe.to review petitions to determine if the .requests are within established guidelines and make recommendations to the City Commission based on a solid review and knowledge of the facts. 2. Have you ever observed a board meeting either in person or on C- View, the City's TV Station? I have viewed some City -Commission .meeting on lV, but no' Advisory Board Meetings 3, What.background ,and lor .qualifications.do you have that you f= would qualify you to serve on this board? I have mensive husiness.aperience inv~g .dealing inhoth the.pub1ic.aod private sector with individuals as well as small to large business interests. This experience required..me.to.operate.and enforce stated policies and procedures while 11t-tAe same time meeting the needs of those that I selVed. I have extensive negotiation skills. ] ha\leserved.on the Board of Adjustments for the City .of Cor&} Springs as.it-s Board Chairman. I also served on the City Council for City of Warsaw, Warsaw, Kentucky as an elected official. 4, Why do you want to serve on this Board? I am in a..position to assist the City .in~hievmg its.objectives. I also believe that development, that matches the community requirements, is very important to meeting the needs.ofthe citizensd .clearwater. I also enjoy public service. I read an article in local paper that the board has a vacancy and I feel my experience as well as background can be an asset. Name: Gerald L. Schauer Board Name: CDB . . " . RfC:EIVED CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS NOV 1') 2004 (must be Clearwater resident) , F<::l(;~.:'\L. ~~'~'::~~'CX~1)3 ;\NLi . ,.:\HVf ,~~~:V' ::- ~ f~E~.ff Name: Home Address: f?J (lJ 't-JCi,r m ud {~ <3} ~. j rj . 2.,'7.....,.-'r l U(l (lA16~v i-- j Zip. ,:> "~_J Telephone: 7 'Xl - 4.Y 2.. - h"L10.S- How long a resident of Clearwater? .s I nc.L Occupation:_\ lAnd SCO-P\:] Field of Education: ,..-, .. t' (" ~~.cr hd()'l' . I y\ f?a1 A~l cc,. .xi f ",Y.€... Office Address: . . . , IZll~ &vYrlLdc.. 5t , .-- (\ 'u('.u(l.L~v" F { Zip ~"~l~ .'.17 ~ - Lf~ 'L - S'C;DS Telephone: ()4~ Employer: Other Work Experience: scc.-p<.- If retired, former occupation: Community ActiYities:L1A J Pnvld 1\(y')<~ tbf" r0\JYM("~J'~\ f~ ;d('lIA S<J'\i";nl_ Other Intere.m~ 1'1;':). bik'ifJ J rT 0 rJ I" S . Board.Seryice (c ant and past): Board Preference: r, .1 '1 \. [ .~ I y~u i.Jt1 'I (Ci\;n I)V", . ('jW,('n I " . ~ . ill oL.CJ L - . . '.f' .11-:.0/\ A}(JJ\\,.,( d Additional Comments: Signed: ~Jl},~!Uu :i D ~ nl() Date: II!/joy 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 Ayenue. .. 1 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? t(~ f~~!tC~~wl~C:/71~~~;:: ~l'IU \a.af il)t puv, (\l-\G.n~ tt~,",'fst~ Q'\ l.v(.U a~ , dlllt [npl!r'lll',J' ((~ r(.\-t5 . . 2; Have you ever observed a board meeting either in person or on C-View, the City's TV station? . ' c... ',(t-- 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? '-' . n I ~l 'f' , lucbLh6 d/3~f iV'. ~. S:ifnCI/ IJJI.+k fli"l ..ffbr\""O.S't~ i'n ~k aVld I lYe; J (.:~'II.KrY"'(,"",lr+ r:. ~~,d Jkb,~ Phh();r:s. 4. Why do you want to serve on this Board? I W(J\AAd I ik.Jo }u ()1a("t:. I-('V~ lu:td I~ -l-~ r(dJJx\oPVyunt o~ {JLLr C~~lrinl J jl'l~rW isSIJ-e~ .~ (i;r';:~ 1J'n~ ~1~!AJ and I. 1,lth, IcJ J-y J~ erN (L.. c~ +'",- --ko.rv"\ , ~h . b' -, Name: (,)' Y\J 1 r<A.Vl~ . f ./'\ Board Name: {'tlmml J~,h-r-J){Lr-(l:rvr1J.Vl+' I'"' d I:xx;.t.' CITY OF CLEARWATER-APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) RECEIVED Name: Shawn Yang Home Address: 1466 Rosetree Ct. Clearwater,FL 33764 Office Address: 1545 S. Belcher Rd. Clearwater, FL 33764 rr.n 24 2005 'JFflClAl RECORO$ AND lEGISLATIVE SRVCS OEPT Home Telephone: (727) 539-0559 Office Telephone: (727) 644-2899 How long a resident of Clearwater? 3 years Occupation: Real Estate Agent Employer: Charles Rutenberg Realty, Inc, Field of Education: cReal Estatfi'Salesperson License Bachelor Degree in Computer and Infonnation Systems _ OJh~.r WQd~_Experi~llce,:__ _ Real Estate Agent Senior Business Analyst Systems Engineer If retired, former occupation: N/A Community Activities: President of Florida Hmong Community, Inc. Other Interests: Event planning and community service. Board Service (current and past): Florida Hmong Community, Inc. Clearwater, FL. 2003-2004 Board Preference: Community Development Board Yang Wang Meng Association, Inc, Minneapolis/St. Paul, MN. 1994-96 Lao Family Community, Inc. Minneapolis/St. Paul, MN. 1992-94 Additional Comments: I am a resident of Clearwater and I want to help the city to plan, improve and develop a safe and clean community for our residents and visitors to enjoy. Signed: 2jz~ Date: ;2.. - ;}t - 06 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? Board members handle and vote on matters related to planning & development. Conduct public hearings and decide upon certain development requests that are not within the discretion of city staff. Conduct design review. Evaluates historic applications. Reviews requests for land use plan changes and rezonings. Serves as Local Planning Agency to review & advise Council regarding the City's Comprehensive Plan. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? Yes, I observed the board meeting of February 21,2006. I observed the meeting structure; .listenedJo-meetin~agenda_and discllssion.andre&ithe..preYious..meetingSJninute.... _ ._ 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? I have a Bachelor Degree in Computer & Infonnation Systems. I am a resident of Clearwater and a fulltime Real Estate Agent. I believe I know Clearwater well and I have experience in land use, planning and zoning. I am currently the President of Florida Hmong Community, Inc. in Clearwater. I work well with people. I am very involved in the Hmong community and other communities in general to promote membership and goodwill and to exchange ideas between the Hmong and other communities. 4. Why do you want to serve on this Board? I want to be involved with the development and growth of the City of Clearwater and assist our community in attracting new ipvestment in keeping pace with our surrounding communities while maintaining a quality standard of living. In addition, I want to be able to assist existing companies, recruit new business and increase opportunities for the City in capitalizing on economic development opportunities, Name: Shawn Yang Board Name: Community Development Board \.! '"," . ."'" FLORIDA .~ HMONG COMMUNITY, INt~ A NON.I'BOFIT oaCANi'iA1111N ~@,.@~~~ 1357558111 Street N. Suite 159 - Clearwater, FL 33760 - (727) 644-2899 RECEIVED February 22nd, 2006 r~1 2 ,1 2005 To Whom It May Concern: Ut-t:":';iAL I<tCORUS AND lEGISlATIVE SRVCS OEPl Re: Advisory Board for Community Board Development Dear-Sir/Madam: I am interested in an Advisory Board member for the Community Development Board. I am a resident of Clearwater and I have experience in Real Estate. I want to be involved with the development and growth of the City of Clearwater and assist our community in attracting new investment in keeping pace with our surrounding communities while maintaining a quality of standard living. In addition, I want to be able to assist existing companies and recruit new business and increase opportunities for the City in capitalizing on economic development opportunities, I am a community leader for the Florida Hmong Community, Inc. and I enjoy helping people in the community and eager to network with other communities in general. I want to thank you in advance for your consideration. Sincerely, Shawn Yang IJ.3 City Council ___N_~en~a Co~~!~ Me.m~,!:~Eld u nL,~,_ Tracking Number: 2,040 Actual Date: 04/06/2006 Subject / Recommendation: Adopt Reolution #06-28, Opposing the PSTA request to site their new Transfer Station at Greenwood Avenue and Wyatt Drive. Summary: PSTA has proposed relocating their Transfer Station, currently located in Downtown Clearwater, to a site at the intersection of Greenwood Avenue and Wyatt Street. This site is located south of Clearwater in an inincorporated area. While acknowledging the importance of public transit and the deficencies of the current site, there are concerns regarding the proposed location. These concerns include, but are not limited to: the site is located on local collector streets rather than major collectors or arterials; the increased bus traffic would impact the nearby and adjacent residential areas; and linking with related transit options would be eliminated. Due to these concerns it is recommneded the City adopt a Resolution opposing this request. Originating: City Manager Section Other items on City Manager Reports Category: Other financial Information: ~ Other Review Approval Cvndie Goudeau 04-06-2006 16:23:02 RESOLUTION NO. 06-28 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, OPPOSING THE PSTA REQUEST TO SITE THEIR NEW TRANSFER STATION AT GREENWOOD AVENUE AND WYATT DRIVE SOUTH OF CLEARWATER IN UNINCORPORATED COUNTY; OPPOSING THE PSTA REQUEST TO REZONE THE PARCEL TO ALLOW SUCH USAGE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Pinellas By Design lists and supports various transit oriented corridors; and WHEREAS, the City of Clearwater acknowledges the importance of public transit in the City as evidenced in both the City's recently completed vision process and in the City's downtown plan; and WHEREAS, the current Park Street terminal is inadequate and congested, and the City of Clearwater seeks a partnership approach to resolving the congestion; and WHEREAS, Greenwood Avenue and Wyatt Drive serve as local collector streets and are approximately one quarter mile east of Alternate Highway 19, a Principal Arterial; and WHEREAS, Bus Line 61 presently includes approximately 14 trips traversing the neighborhood on a weekday and 7 on a weekend day; and WHEREAS, a relocated bus transfer station would result in potentially over 200 bus trips per day; and WHEREAS, a detailed analysis of re-routing plans for all transit line trips should be performed; and WHEREAS, the current location of the transfer station permits connectivity to other related transit options such as the beach trolley system, which permits linking of activity center functions; and WHEREAS, the Countywide Future Land Use Map projects the general area to stay predominantly Residential Urban and Residential Low; and WHEREAS, the parcel is adjacent to and nearby property currently utilized for residential areas; and WHEREAS, the parcel is adjacent to property in the City of Clearwater, separated only by a canal; and Resolution No. 06-28 WHEREAS, there exist in close proximity parcels located within the City of Clearwater currently zoned and used for residential purposes; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby opposes the PSTA request to site their new transfer station at Greenwood Avenue and Wyatt Drive and urges the Board of County Commissioners to deny the request to rezone the parcel to allow such usage. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2006. Frank V. Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk 2 Resolution No. Id.3 Long Range ' Planning Team Memo To: Michael Delk From: Steven Brown cc: Date: 3/30/06 Re: PSTA Transit Station Proposal I have completed a review of the proposed Transit Station location submitted to Pinellas County by Pinellas Sun Coast Transit Authority at the intersection of Wyatt Street and Greenwood Avenue. We have reviewed the proposal from a land use standpoint. and it's appropriateness for location at this site. . Pinellas By Design lists Redevelopment Opportunities, and among them is one that impacts this proposal. o 'Transit Corridor. The Pinel/as County Metropolitan Transportation Organization has identified a potential elevated guide way transit corridor that would extend from S1. Petersburg to Clearwater via the Gateway area. The corridor was determined based on projected ridership and appropriateness for future densification and intensification. " It would seem that the County made a sound planning decision in supporting the development of transit corridors along major roadways that are expected to see an increase of development intensity, This proposed PSTA site is located at least a mile from any Proposed Transit Station projected in the Redevelopment Base Map (Figure 5-1 of Pinellas by Design). Perhaps any new PST A hub would be best located, near this corridor as well for the same reasons. Major transit hubs function best when they are co-located to facilitate transfer from one mode to another, and thus can represent a true multi-modal transit system. . The County as Local Collector Streets lists both Greenwood Avenue and Wyatt Drive. The proposed site is located approximately a quarter mile east of Altemate Hwy 19, which is listed by the County as a Principal Merial, and a quarter of a mile to the south of Bellaire Drive, which is a Minor Arterial. . Currently PST A serves this neighborhood with one bus line (61), which travels north and south on Greenwood Ave. with approximately 14 buses traversing the neighborhood on a weekday. and 7 on a weekend day. Moving the transit hub to this location would mean the re-routing of a significant portion of the PSTA routes through this neighborhood, and increasing the impact to this neighborhood to a large extent. Table 1, below shows the bus lines that currently access the Park Street Station. Table 1 Bus Route Accessing Park St. Terminal Number of Daily Trips into Terminal 18 52 60 61 66 67 73 76 78 80 82 93 33 35 31 14 14 13 12 13 13 35 7 6 98 4 Total 230 Before approving a transit station at this site, PST A should be required to present a proposal to the County and the surrounding communities for the re-routing of bus lines that will be necessary. In this way, the County and the other jurisdictions can assess the true impact of this move on their residents. . The Beach Trolley system that PSTA manages works well when the terminal is located downtown, where the linking of activity centers is possible. Locating the terminal a mile from downtown could significantly reduce ridership of the Trolley, and exacerbate the traffic problem on the Causeway, and the parking problems on the beach. . The Countywide Future Land Use Plan Map projects this area to stay predominantly Residential Urban (RU) and Residential Low (RL). 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'8: :a g,g 'g.~ (J) ~~ c U ~ :; o <1> '" ro <1> ::iE ;j c ro , ::!:}E :JlrO"8 <\1~ ~ ~.~ ~ oEO: ~cJ5t Q3~.~ c <0( 0 'm'~ E ::iE"'::> -:~~ ~::'f.::t: >. 10 - III t: 0 ~ u U '3 C) ~vr ;> c:: !t1 S'E .~ ~~ ..,JO EO &. 0, c '2;' (ll (/) ?i o a:: :::> ~ (!) ~ o z o ~ E 11 \0 ~ '" " o .. ~ ;:; cd tJ 0, ii :s ~ & 1: ROSE V. FERLlTA - District 2 At-Large yOF'T4~ 0..f1...... -~~""""...' .'l:l.1', ,. _---~_\~MPA ,c; ~~ .? O'.--.~...-..J() \ f ~/. " ....~ '~ -~'. t,,\l",~',O ~ f':-'f~?;~ ~ \~\!}~;~l~rfA}~e:f$J \~~itg~j(i\:t~/ -"""'...'''.......--..;....-- c..15r 15. 3 CL ~ .l...\-OkOb, GWEN MILLER - District 1 At-Large Chairman JOHN J. DING FELDER - District 4 KEVIN WHITE - District 5 LINDA SAUL-SENA - District 3 At-Large MARY C. ALVAREZ - District 6 Q[itp Q[ounciI SHAWN HARRISON - District 7 Chairman Pro-Tern March 31,2006 Mr. Bill Jonson, Chairman Courtney Campbell Scenic Highway Corridor Advocacy Group 2694 Redford Court West Clearwater, Florida 33761 Dear M~: R;)L.v It is with pleasure that I write this letter in support of the Courtney Campbell Causeway Beautification efforts. I strongly endorse their application for an Image Development and Marketing Grant. These grants are essential for promoting the importance of this corridor. The Marketing Grant focuses on brochure & website development and visitor research projects, while the Image Development Grant focuses on image library, video or commercial showcasing cultural and nature tourism in Florida, which is vital to our community. The Courtney Campbell Causeway is a testament to modern society and nature co-existing in a productive and equally beneficial manner. The Causeway has become a vital link for the Tampa Bay community, connecting Pinellas and Hillsborough counties along with the cities of Clearwater and Tampa. I highly recommend that this application be given complete support. With state assistance, the Courtney Campbell Causeway will be preserved and enhanced not as simply a highway, but as a scenic corridor that is a vital resource to the prosperity of the region Thank you in advance for your consideration. Please do not hesitate to contact me if I can provide additional information. Li Saul-Sena Tampa City Council 315 E. KENNEDY BOULEVARD, 3RD FLOOR' TAMPA, FLORIDA 33602 . PHONE 813/274-8131 . FAX 813/274-7076 IS.3>