The URL can be used to link to this page

09/07/2006 City Council Agenda Location: Council Chambers - City Hall Date: 9/7/2006- 6:00 PM 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 (right-hand 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. Presentations 4.1 Legislative Wrap Up - Rep. Kim Berfield ~ Attachments 4.2 Proclamation - Hispanic Heritage Month ~ Attachments 4.3 Proclamation - September is United Way Month ~ Attachments 5. Approval of Minutes 5.1 Approve the minutes of the August 17, 2006, City Council Meeting as submitted in written summation by the City Clerk. ~ Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7.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 7.1 Approve the recommended Penny for Pinellas project list, as revised, for Fiscal Years 2006/07 through 2009/10. ~ Attachments 7.2 Declare as surplus a 5,790 square foot parcel of City-owned land identified as being a portion of the East 90 feet of Lot 19, E. A. MARSHALL SUBDIVISION and vacated State Street right-of-way adjacent on the north, for the purpose of conveying perpetual non-exclusive easement to Florida Power Corporation, d/b/a Progress Energy Florida, Inc. for overhead electric transmission and distribution lines and related facilities as defined therein; and authorize appropriate officials to execute same. ~ Attachments 7.3 Declare as surplus PLAZA PARK, Block D, Lot 6 and the west half of vacated alley on the east (City parcel), and approve an Agreement For Exchange of Real Property (Exchange Agreement) between the City and Clearwater Neighborhood Housing Services, Inc. (CNHS) to exchange title therein for title to PINE CREST SUB., Block 2, Lot 7 and one-half of vacated alley adjacent on the north, (CNHS parcel), each deemed to be of comparable appraised value as stipulated in Section 2.01(d)(5)(iv) of the City Charter, together with estimated closing costs not to exceed $550, and authorize appropriate officials to execute same. ~ Attachments 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 7646-06 on second reading, annexing certain real property whose post office address is 1728 Lucas Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. ~ Attachments 8.2 Adopt Ordinance 7647-06 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 1728 Lucas Drive, upon annexation into the City of Clearwater, as Residential Low. ~ Attachments 8.3 Adopt Ordinance 7648-06 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 1728 Lucas Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). ~ Attachments 8.4 Adopt Ordinance7659-06 on second reading, vacating the five-foot utility easement lying along the north property lines of Lots 4, 5, and 6, Block G, Hibiscus Gardens. ~ Attachments 8.5 Adopt Ordinance 7661-06 on second reading, annexing certain real property whose post office address is 1532 Stevenson's/Stevensons Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. ~ Attachments 8.6 Adopt Ordinance 7662-06 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 1532 Stevenson's/Stevensons Drive, upon annexation into the City of Clearwater, as Residential Low and Preservation. ~ Attachments 8.7 Adopt Ordinance 7663-06 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 1532 Stevenson's/Stevensons Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR) and Preservation (P). ~ Attachments 8.8 Adopt Ordinance 7664-06 on second reading, annexing certain real property whose post office address is 2750 Third A venue North, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. ~ Attachments 8.9 Adopt Ordinance 7665-06 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 2750 Third Avenue North, upon annexation into the City of Clearwater, as Residential Suburban and Preservation. ~ Attachments 8.10 Adopt Ordinance 7666-06 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 2750 Third Avenue North, upon annexation into the City of Clearwater, as Low Density Residential (LDR) and Preservation (P). ~ Attachments City Manager Reports 9. Consent Agenda 9.1 Accept FY 2005/2006 Fireman's Fund Heritage Grant in the amount of $15,000.00 from the Fireman's Fund Insurance Company, approve Grant Compliance Agreement and authorize the appropriate officials to execute same. (Consent) ~ Attachments 9.2 Authorize an amount not to exceed $500,000 to Gallagher Bassett Services, Inc., for workers' compensation claims due and payable for the period October 1,2006 through September 30,2007. (Consent) ~ Attachments 9.3 Approve including a new Capital Improvement Project in the Capital Improvement Program entitled "Countryside Community Park Concession and Restroom Building" in the amount of $450,000 with funding coming from grants and donations. (Consent) ~ Attachments 9.4 A ward a Contract (Purchase Order) to Southern Equipment & Machinery of Palmetto, FL for the purchase of one 2006 John Deere 7220 Tractor with Alamo Boom Mower at a cost of $99,950.00, authorize lease purchase under City's master lease purchase agreement, declare G1889, 1998 New Holland Tractor with Slope Mower, as surplus to the needs of the City for trade-in and authorize the appropriate oficials to execute same. ~ Attachments 9.5 Ratify and confirm Change Order 3 to TLC Diversified, Inc. of Palmetto, Florida for the "Northeast APCF Filter Rehabilitation & Marshall St. APCF Blower Replacement Project" (03-0066-UT) which increases the contract amount by $569,146.73 for a new contract total of $3,294,067.73 and approve a time extension of 285 days and authorize the appropriate officials to execute same. (Consent) ~ Attachments 9.6 Approve a supplemental Work Order with Parsons Engineering Science, Inc. for construction engineering and inspection services associated with the Biosolids Treatment Implementation project in the amount of $55,000.00, for a new purchase order total of $532,552.00, and the appropriate officials be authorized to execute same. (Consent) ~ Attachments 9.7 Approve a work order with Parsons Engineering Science, Inc. of Tampa, an Engineer of Record, for Management Services which includes; Planting Contract Management, Water Quality Monitoring, and Educational Signage for the Kapok Wetland and Floodplain Restoration Project, in the amount of $115,842.00,and the appropriate officials be authorized to execute same. (Consent) ~ Attachments 9.8 Accept a perpetual Reclaimed Water Main and Utility Easement containing 6,066.63 square feet, more or less, and a 120 day temporary construction easement, over, across and under a portion of Countryside Country Club lying and being situate in the NWIA of Section 20, Township 28 South, Range 16 East, conveyed by Countryside Country Club, Inc., in consideration of receipt of $1.00 and the benefits to be derived therefrom. (Consent) ~ Attachments 9.9 Extend the existing contract with Standard Parking Corp., Tampa, FL for parking services at the Pier 60, South Gulfview and Courtney Campbell beach parking lots for a period of 2 additional years beginning October 1, 2006 through September 30,2008 at a cost of $975,000 under the same terms and conditions per the original Request for Proposal 33-03 and authorize the appropriate officials to execute same. ~ Attachments 9.10 Reappoint Sandra Jamieson and D. Michael Flanery to the Environmental Advisory Board with the terms expiring on September 30,2010 and appoint Joseph A. Calio, Nelda Gant and Ron Gregory with the term expiring on September 30,2009. (Consent) ~ Attachments 9.11 Appoint a Councilmember Jonson to the Pinellas S uncoast Transit Authority with the term expiring on September 30, 2009. ~ Attachments 9.12 Confirm the Mayor's reappointment of Deborah Woodard to the Clearwater Housing Authority Board with the term expiring on September 30,2010. ~ Attachments 9.13 Approve interlocal agreement with the City of Largo, City of Pinellas Park, City of St. Petersburg, City of Tarpon Springs, Juvenile Welfare Board of Pinellas County, and the School Board of Pinellas County creating the Leadership Council and authorizing the appropriate parties to execute same. (Consent) ~ Attachments 9.14 Approve a Settlement Agreement regarding Stowell v. City of Clearwater, Circuit Court Case No. 06- 3489-CI-7. ~ Attachments 10. Other items on City Manager Reports 10.1 Approve an increase of $15,000, from the current exemption of $10,000 to the maximum allowance of $25,000, to the Additional Homestead Exemption for certain qualifying low income senior citizens and pass Ordinance 7686-06 on first reading. ~ Attachments 10.2 Approve renewal of a lease agreement between the YWCA of Tampa Bay, Inc. and the City of Clearwater for the premises located at 612 Franklin Street, Clearwater, Florida, for a period of three years commencing on November 1, 2006, and terminating on October 31,2009, at a rental of $1.00 per year and authorize the appropriate officials to esecute same. (Consent) ~ Attachments 10.3 Approve amending the Code of Ordinances to establish the Construction Project Delivery Method referred to as "Design-Build" and the procedure to be followed in selecting firms to provide Design Build Services and Negotiating Design-Build Contracts; amending Section 2.541 to add design-build definitions and creating a new Section 2.601 to outline procedures for awarding design-build contracts and pass Ordinance 7654-06 on first reading. ~ Attachments lOA Subordinate City right, title and interest in 33,526 square feet, more or less, of easements recorded in O. R. Book 2940, Page 48, O. R. Book 3146, Page 298 and O. R. Book 12596, Page 1358, Pinellas County public records (City Easements), to those Power Easements conveyed to Florida Power Corporation, d/b/a Progress Energy Florida, Inc., by New Zion Missionary Baptist Church dated October 20,2005, containing 6,567 square feet, more or less, and by Pathways Community Church, Inc. dated April 11, 2005, (acknowledged April 11, 2006) containing 33,397 square feet, more or less (Power Easements) as same may overlap and encroach upon City Easements, subject to reservations and provisions defined in the Easement Subordination instrument, and authorize appropriate officials to execute same. ~ Attachments 10.5 Appoint Michele Krentzman and Robert Brumback to the Library Board with terms expiring on August 31,2010. ~ Attachments Miscellaneous Reports and Items 11. City Attorney Reports 11.1 Adopt Resolution 06-48, finding that significant legal rights will be compromised if litigation challenging amendments to the Pinellas County Charter does not proceed before the dispute resolution process established by Chapter 164, Florida Statutes. ~ Attachments 12. City Manager Verbal Reports 12.1 ~ Attachments 13. Other Council Action 13.1 ~ Attachments 14. Adjourn , (. ~L~,rr.'Iu. A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:--=c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Legislative Wrap Up - Rep. Kim Berfield SUMMARY: Review Approval: 1) Clerk , (. ~L~,rr.'Iu. A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:--=c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Proclamation - Hispanic Heritage Month SUMMARY: Review Approval: 1) Clerk , (. ~L~,rr.'Iu. A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:--=c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Proclamation - September is United Way Month SUMMARY: Review Approval: 1) Clerk , (. ~L~,rr.'Iu. A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:--=c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the minutes of the August 17, 2006, City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: 1) Clerk CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER August 17, 2006 Unapproved Present: Frank Hibbard Carlen Petersen Hoyt P. Hamilton William C. Jonson John Doran Also present: William B. Horne II Garry Brumback Rod Irwin Pamela K. Akin Cynthia E. Goudeau Brenda Moses Mayor Vice-Mayor Councilmember Councilmember Councilmember City Manager Assistant City Manag Assistant City Manager City Attorney City Clerk Board Reporter The Mayor called the meeting to order at 6:00 from Lakeside Community Chapel offered the invo Allegiance. To provide continuity for research, i necessarily discussed in that order. 4. Introductions and Award 4.1 Service Awards tions to Clearwater Airpark and presented ncoast, reviewed the Mayor's "Move It, Move It" encouraging youths to live healthier lifestyles. 5.3 5.4 - October 7 2006 The Mayor sented City Manager Bill Horne with ASPA's Public Service Leadership Award and Assistant City Manager Garry Brumback with the Outstanding Public Administrator of the Year Award. Council 2006-08-17 1 6. Approval of Minutes 6.1 Approve the minutes of the Auqust 3, 2006, Citv Council Meetinq as submitted in written summation by the City Clerk. Councilmember Hamilton moved to approve the minutes of the re August 3, 2006, as recorded and submitted in written summation the Councilmember. The motion was duly seconded and carried ou 6.2 A rove the minutes of the Jul 31 2006 Cit as submitted in written summation by the City Clerk. Council member Jonson moved to approve the minutes 0 Client Session) of July 31,2006, as recorded and submitted in w Clerk to each Councilmember. The motion was duly seconde 7. Citizens to be Heard re Items Not on the Agend 8. Administrative Public Hearings n of the easem inate the building. Progre ology, Brighthouse Cable ation request. of Clearwater has no utilities or this easement is anticipated. Public Works request. applicant's request to vacate the 5-foot north property lines of Lots 4, 5 and 6, ty Lane). The motion was duly seconded ted for first reading and read by title only. ass Ordinance 7659-06 on first reading. The motion was vote was: , Hamilton, Jonson, Doran, and Hibbard. 9. 9.1 Approve the Annexation, Future Land Use Plan Amendment from the County Residential Low (Rl) Cateqorv to the Citv Residential Low (Rl) Cateqorv and Zoninq Atlas Amendment from the Countv R-3, Sinqle-Familv Residential District to the Citv Low Medium Densitv Council 2006-08-17 2 Residential (LMDR) District for 1728 Lucas Drive (Block 6, Lot 8, Virqinia Groves Terrace Third Addition Subdivision); and Pass Ordinances 7646-06,7647-06 & 7648-06 on first readinq. (ANX2006-03009) The subject property is located on the west side of Lucas Drive be ween SR 590 and Terrace Drive, approximately 550 feet north of SR 590. The applicant is annexation in order to receive sanitary sewer and solid waste se 'e fr property is located within an enclave and is not contiguous to e Cit therefore, the proposed annexation is consistent with Pinella y requir to voluntary annexation. This annexation has been reviewed by in accordance with the provisions of Pinellas objections have been raised. The Communit annexation at its regularly scheduled ting approval The subject site is approximately 0.193-acre in area a residential dwelling. It is proposed that the property have a Fut of Residential Low (RL) and a zoning category of Low Medium D The Planning Department determined that the proposed annex following standards specified in the Community Development Co e: 1) annexation will not have an adverse impact on public facili' and their Ie The proposed annexation is consistent with the City's sive Plan, t Plan and the Community Development Code. to approve the Land Use Plan ial Low (RL) Cat esidential Low (RL) from the Count amily Residential District 'al (LMDR) Distric 8 Lucas Drive (Block 6,Lot division). The motion was duly seconded and ading and read by title only. 646-06 on first reading. The motion was n, Doran, and Hibbard. Ordl Councilmemb duly seconded a s presented for first reading and read by title only. ed to pass Ordinance 7647-06 on first reading. The motion was roll call, the vote was: "Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard. "Nays": None. Council 2006-08-17 3 Ordinance 7648-06 was presented for first reading and read by title only. Councilmember Hamilton moved to pass Ordinance 7648-06 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard. "Nays": None. 9.2 This annexation involves a 0.157-acre property co west side of Stevenson's Drive, approximately 160 fe contiguous with the existing City boundaries to the annexation is consistent with Pinellas County re The applicant is requesting this annex waste service from the City. It is proposed tha designations of Residential Low (RL) Medium Density Residential (LMD determined that the proposed ann the Community Development impact on public facilities an with the City's Comprehensive Code; . ct site is I the ces the C staff in accordance with the provisions of d no objections have been raised. The ed annexation at its regularly scheduled ended approval. the (LMD Heights records of to approve the Petition for Annexation, Future Land Use sidential Low (RL) and Preservation (P) Categories to the ation (P) Categories and Zoning Atlas Amendments from ential District to the City Low Medium Density Residential cts for 1532 Stevenson's Drive (Lot 19, Block A, Stevenson's plat thereof, as recorded in Plat Book 34, Page 13, Public rida). The motion was duly seconded and carried unanimously. 6 was presented for first reading and read by title only. Councilmember Pe en moved to pass Ordinance 7661-06 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard. Council 2006-08-17 4 "Nays": None. Ordinance 7662-06 was presented for first reading and read by title only. Councilmember Hamilton moved to pass Ordinance 7662-06 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Hamilton, Jonson, Doran, and H' "Nays": None. Ordinance 7663-06 was presented for first reading a Councilmember Jonson moved to pass Ordinance 7663-06 0 duly seconded and upon roll call, the vote was: "Ayes": Petersen, Hamilton, Jonson, Doran, and "Nays": None. s of property con of seven parcels, located e North and south of 5th Avenue North along Lake e existing City boundaries to the north; ith Pinellas County Ordinance 00-63 with t De faciliti Comprell proposed a extension of t is annexatio In order to receive sanitary sewer and solid osed that the property be assigned a Future Land Use an (RS) and Preservation (P) and a zoning category of eservation (P). The Planning Department determined that with the following standards specified in the Community d annexation will not have an adverse impact on public ) The proposed annexation is consistent with the City's ide Plan and the Community Development Code; and 3) The uous to existing municipal boundaries, represents a logical ries and does not create an enclave. This annex n has been reviewed by PPC County staff in accordance with the provisions of Pinellas County Ordinance 00-63, Section 7(1-3), and no objections have been raised. The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on July 18, 2006 and unanimously recommended approval. Council 2006-08-17 5 Councilmember Petersen moved to approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential Suburban (RS) and Preservation (P) Categories to the City Residential Suburban (RS) and Preservation (P) Categories and Zoning Atlas Amendment from the County R-R, Residential Rural District to the City Low Density Residential (LDR) and Preservation (P) Districts for 2750 Third Avenue ( ts 1-14, Block 45; Lots 4-11, Block 46; Lots 3-9, Block 49; portions of Third Avenue North, h Avenue North and Lake Shore Drive rights-of-way, all being part of the plat of UNo. . A utauqua on the Lake, recorded in Plat Book, Page 52 of the public recor: ine orida together with a portion of the Southeast 1/4 of the Northwest aid Sec 8-16). The motion was duly seconded and carried unanimously. Ordinance 7664-06 was presented for first reading an Councilmember Doran moved to pass Ordinance 7664-06 on fir duly seconded and upon roll call, the vote was: "Ayes": Petersen, Hamilton, Jonson, Doran, and H "Nays": None. Ordinance 7665-06 was presented for fir Councilmember Hamilton moved to pass Ordi duly seconded and upon roll call, the vote wa "Nays": None. Ie only. ding. The motion was on, Doran, and Hibbard. s presented for second reading and read by title only. essed regarding the possibility of this question be overshadowed by the multiple issues the November ballot. Discussion ensued with recommendations that a professional facilitator conduct focus groups to refine the charter language and referendum question and that visualizations be developed. Council 2006-08-17 6 Councilmember Hamilton moved to table Ordinance 7672-06. The motion was duly seconded and carried unanimously. Consensus was to hire a facilitator to conduct focus groups to address only the Charter language and ballot question. 10.2 Ado t Ordinance 7676-06 on second readin chan in Employees Pension Plan special election to March 13, 2007. Ordinance 7676-06 was presented for second readin Councilmember Hamilton moved to pass and adopt Ordinan reading. The motion was duly seconded and upon roll call, th "Ayes": Petersen, Hamilton, Jonson, Doran, and "Nays": None. City Manaqer Reports 11. Consent Agenda - Approved as submit! 11.5 Awar Clearwater F to execute same. ro riate officials 11.6 Approve payment to JMC Desiqn & Development, Inc. (JMC), in the amount of $157.337.50 for the construction of the San Marco Stormwater Improvements. (Consent) Council 2006-08-17 7 11.7 Accept a perpetual Sidewalk and Utilities Easement over, under and across a portion of Lot 8, Block C, PALM PARK, conveyed bv Clearwater Neiqhborhood Housinq Services, Inc. (CNHS) in consideration of receipt of $1 and the benefits to be derived therefrom. (Consent) Councilmember Petersen moved to approve the Consent Agenda s submitted and that the appropriate officials be authorized to execute same. The motion wa Iy seconded and carried unanimously. 12. Other items on City Manager Reports 12.1 Staff wishes to exercise the option to c calls asking them to secure their boats when commercial tenants to carry $500,000 in Iiabil Staff wants to require both commerci d pn with the City as additional insured. the ximu will pay for damage to docks in th of storm da tenants keep their vessels in 0 condition. The kept in seaworthy condition. not mean the v the owner to remove it from Ci A boat being se not me ns. en ants where sent a letter dated July 21, 2006, resentative was reviewing the legislation to permits. They also were informed that an overage for damage done to City property. to authorize a Third Addendum to the commercial and sels at all City dock facilities, involving House Bill 7175 to and related additional requirements. The motion was sly. ented and read by title only. Council member Petersen moved -45 and authorize the appropriate officials to execute same. ed and upon roll call, the vote was: etersen, Hamilton, Jonson, Doran, and Hibbard. "Nays": None. Council 2006-08-17 8 12.2 Adopt Resolution 06-41 and approve Subordination Aqreements with the Florida Department of Transportation (FDOT) reqardinq Parcel Numbers 106.03 and 107.03, S. R. 55, Section 15150, subordinatinq Citv easement interest therein, and authorize appropriate officials to execute same.. FDOT (Florida Department of Transportation) continues its multi- work program to create a 30-mile six-lane continuous controlled ess major interchanges and parallel frontage roads between Gand var County line. The agency presently is acquiring additional right-of- project segment extending from south of Seville Boulevard to holds drainage and utility easement interests along the easterly SEVER PARK, on the west side of U. S. 19 south of Druid Road 4816-89 recorded in O. R. Book 7037, Page 1945, Pinellas Co presently has water utility infrastructure within the easement. As detailed in the subordination agreements, I:: relocating, protecting, adjusting or removing the fa project plans. The City will be obligated to oper the FDOT Utility Accommodation Manual folio Council member Doran moved to appr Department of Transportation (FDOT ardi Section 15150, subordinating City t in est th to execute same. The motion wa econded an . h the Florida . 3, S. R. 55, ropriate officials ember Hamilton moved ials to execute same. on, Doran, and Hibbard. s ecial assessment T Clearwater assessments recorded in the through 1767. ty of Clearwater has heretofore established the City of nt District 95-01 (the "District") and levied such special ents") by Resolution 95-70, dated September 7, 1995, and cords of Pinellas County, in Official Record Book 9193, Pages 1717 The City of Clearwater has collected payment for those assessments more particularly described in Exhibit A to the resolution, and desires to satisfy and release said assessments. All assessments for Special Assessment District 95-01 have been collected in full. Council 2006-08-17 9 The City Council of the City of Clearwater directs the City Clerk to provide copies of this resolution to the property appraiser, tax collector, and the Florida Department of Revenue. Council member Jonson moved that final lien releases be made for. Sand Key special assessment payoffs received from April 1, 2004 through July 31, 2006. otion was duly seconded and carried unanimously. Resolution 06-34 was presented and read by title onl to pass and adopt Resolution 06-34 and authorize the appro The motion was duly seconded and upon roll call, the vote w "Ayes": Petersen, Hamilton, Jonson, Doran, and "Nays": None. On April 15, 2005, Anne Garris and Su Clearwater and Beachwalk Resort, LLC seeki City and City Council violated the City's Chart of the action was to prevent the va cat' f TH Resort Development Agreement. on October 28, eached a mediated ent agreement Horney's office to roposal to use a s (including, but not acquire and de 10-foot pedestrian easement the project, running from Coronado Drive to South from which the proposed 10-foot right-of- be willing to sell the property, but they ay acquisitia costs, project design, and surveys will be Is for the property to be acquired for right-of-way City by American Acquisition Group, LLC. AAG's the property to be acquired is $1,160,000. These costs rneys fees associated with acquiring the property by total costs of acquiring this property by eminent domain derably higher. moved to deny adoption of Resolution 06-42. The motion was unanimously. 14. erbal Reports - None. 15. Council Discussion Items Council 2006-08-17 10 15.1 Provide Direction on Proposed Amendments to the Countywide Rules Addressinq Transient Accommodation Uses. The PPC is proposing revisions to the Countywide Rules that will increase the allowable density of overnight accommodations throughout the County. The latest roposal is scheduled for discussion at a joint meeting of the PPC, the Countywide Planning A ity (CPA) and the Tourist Development Council (TDC) on August 29,2006. The PP also 0 h a public hearing on the amendments in September. The Planning Department is seeking direction from t revisions summarized below. The proposed amendments w accommodation use multiplier from 1.67 transient accommod residential unit to between 2.5 - 5.0 transient accommodation u depending on parcel size and future land use plan category; 2)' accommodations to comply with density and floor area ratio (F impervious surface ratio (ISR) standards; 4) Impose new require ents of transient accommodation uses; 5) Require certain oper nal character 6)'Require local governments to use the Metropolitan ganization' in determining transportation impacts. The Planning Department supports incr accommodations. Staff is concerned, howev Rules may not produce the desired outcome Of particular concern is the relationsh' twe FAR and ISR. Even though the pr The result will be higher land cost I for the beach, to help with the PPC to develop Gina Clayton presented s, parking, and view zones. It was remarked is needed on the beach. the PPC to develop suitable language that Council Meetin schedule for November and December s Legislative Conference conflicts with the November 16, yor Petersen and Councilmember Jonson have requested to be e Councils, meetings of which will be held during this conference. Ing in December currently is scheduled for December 21, 2006. In the past, Commissions ve not wanted to have a meeting this close to the holidays. It also has been customary not to have a Council meeting on the first Thursday of January. Pinellas County Schools will be closed for the winter holidays December 25, 2006 through January 5, 2007. Some private schools will be closed for their winter holidays, December 20, 2006 through January 2, 2007. Council 2006-08-17 11 ~"M~"~~iMd~~_~ ~ ~hr ~0lJI11mmp1 ~rng ~1\;1.~~1 , JUII. ~'Ila~ 1A ~4t~ It P1LiIm~~ . aBf81r~I1II1d,~ ~~m)lUlllfBd m ~(IlJ~_ ~ ~ RIl1..p-_t~.IttIt~ Idmlllr ~MB PBI '18l11!ill1l!~ _ Ell ~ ~1Ir_~ _~~ ~m~ ~~ 1. , (. ~L~,rr.'Iu. A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:--=c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the recommended Penny for Pinellas project list, as revised, for Fiscal Years 2006/07 through 2009/10. SUMMARY: On March 6, 1997, the City Council adopted Ordinance # 6137-97. The ordinance established the requirement for a special hearing prior to the adoption of the capital improvement budget to discuss the use of Penny for Pinellas tax, and at any time in which there is any proposed change to Penny for Pinellas funding of $500,000 or more. The attached listing includes the Penny for Pinellas projects as currently approved by the City Council last September and the new list for Recommended Project Funding as included in the proposed FY 2006/07 capital improvement plan through the final year of Penny receipts in fiscal year 2009/10. Proposed project changes are outlined on the attached public hearing notice. Type: Current Year Budget?: Other No Budget Adjustment: No Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Annual Operating Cost: Total Cost: to Bid Required?: Other Bid / Contract: No Bid Number: Bid Exceptions: Other Review Approval: 1) Clerk CITY OF CLEARWATER NOTICE OF PUBLIC HEARING PENNY FOR PINELLAS PROJECTS CITY COUNCIL MEETING Thursday, September 7, 2006 6:00 p.m. A public hearing will be held by the City of Clearwater, in City Council Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Florida, regarding the Penny for Pinellas project list for fiscal years 2006/07 through 2009110 totaling $10,110,000 to fund capital projects under the remaining four-year Penny for Pinellas Plan. Significant changes to the plan are as follows: One project has been eliminated under this proposal: Parks & Beautification Infrastructure Complex - funding of $725,000 has been eliminated and reallocated to other project priorities to provide funding for the Parks & Beautification Maintenance Building and the National Guard Armory, both noted below. One new project funded under this proposal: Parks & Beautification Maintenance Buildinf.! - this proposal provides funding of $100,000 in 2006/07 for the construction of a small maintenance building for the Parks & Beautification staff. National Guard Armorv - This proposal includes an additional $400,000 for this project in fiscal year 2008. This increase has been offset by a decrease of $725,000 in funding for the Parks & Beautification Infrastructure Complex project, which has been eliminated. This funding will provide for renovation and improvements to the current building. Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Council, with respect to any matter considered at such hearing, will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. All individuals speaking on public hearing items will be sworn in. Cynthia E. Goudeau, CMC City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPARTMENT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPARTMENT WITH THEIR REQUEST AT (727) 562-4090. Proposed Changes to Penny for Pinellas Project List For Planned Projects in Fiscal Years 2006/07 through 2009/10 As of October 1, 2006 Gross Project Budget Under Current Proposed New P~n P~n Approved Proposed Recommended 9/30/2005 Amendment 9/30/2006 Fire Station #48 Renovation & Expansion Druid Road Improvements Infrastructure Facility - Parks & Recreation National Guard Armory Morningside Recreation Center Replacement Recreation Trails Parks & Beautification Maintenance Building Long Center Infrastructure Improvements 1,800,000 1,800,000 2,400,000 2,400,000 725,000 (725,000) 400,000 400,000 3,100,000 3,100,000 960,000 960,000 100,000 100,000 1,350,000 1,350,000 10,335,000 (225,000) 10,110,000 Recommended Projects for FY 2006/07 through 2009/10 <0 o o " N Gl g Cij UJ ooo&. -01-2 " a. <f) "> " er:: - ell ell ..r::: Ul .ll: ... o ~ Cl c:: :;:; Ul'" III 0 u~ E.... o '- u...21 , 0 Ul tJ .!!1~ Gi 0 c:: III co D..U; o:::i ...." >.Gl c:: ~ c:: a. ell e D..a. o .... c;; o o N '" o co o o N co o i::: o o N .... o (Q o o N 00 00 00 0- Q- ........ CD'" 00- to- C'lM ccco ccco ccco Q- Q- Q- Q- Q(QQQ tOO')'f"'""lI:t - C',f N- o o o c:i ll'l M_ o o o c:i .... .... c:i .... o o o c:i o .... o o o c:i .... "'- o o o c:i ll'l .... M o o o c:i ll'l o "f" o o o c:i '" ll'l cO N o o o M co co M o o o cO '<t N c:i .... o o o '" o '" ..: o o o M N co '" o M '" "" '" ll'l ..: o M '" "" '" ll'l ..: o .... '<t cO '" '<t "" .... o .... '<t cO '" '<t cO .... o '<t '<t M N .... "" .... o M '" cO co M "f" .... M~ NCD co. l!)m ....l!) ....0 T'"""- 0- -~ M '<t '" c:i ll'l M "f" .... 00 00 00 ('0- M- coco l!)ll'l .{"f" 00 00 00 00- tQ- l!)ll'l 00_ to_ .... .... .... .... o 0 o 0 o 0 0- 0- CD l!) C'l N. o o a. o o .... 00 00 00 (0- CD- l!)ll'l CV1_ M_ .... .... .... .... 00 0 00 0 o 0 D_ o- 0- 0 00 l!) '<tCD C'l N M~ C'lC'l C'l. '<tC'l '<to -.... M '<t '" c:i ll'l M "f" .... 00 00 00 ('0- C',f ........ coco 0- Q- .... 0000 0000 0000 0- 0- 0- 0- 0001.0 00_ N LO '1""""_ o o o ci o C'l 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ci ci ci ci ci ci ci c:i " 0 CD 0 0 0 0 l!) .... 0 co. m '<t '<t .... C'l. .... Gl '" .... .... M N .... c:i III - 0 0 III Q c;; .... g.:::i M 0 c;; 0 ll: N .... 0 (Q 0 0 N ~ co 0 0 0 0 0 0 0 Gl 0 0 0 0 0 0 0 >- a. a. a. a. a. a. 0 c: c;; 0 0 0 0 l!) 0 "" 0 " " 0 CD 0 0 N l!) M 'ijj Gl ll'l III co. m '<t .... C'l. M III > - 0 u: .... M N .... c:i 'E e .~ Q .... a.-' M l5 E a. c;; u. 0 <( () ::: 00 ....C'l co ("-..-1.6 0.... C'll!) -~ o .... '<t "" .... "'- .... .... 00 0C'l 1"---_ M_ mC'l l!) l!)C'l -~ o .... '<t c:i ll'l N cO 00 N.... co CD "<;j"- CO- OCD coo -~ o '<t '<t ..: .... ll'l ..: III III - Gl ~ 'u ::J c: E ij: Gl Gl :c e. > Gl C c: 0:: g Q) Gl Ui E c a. ::J " "u 0 .$ >< e- III Gl '" c Q) ~ c W III U; 10 u. 0 u Q) tJ ::J U; 0 E c "w '" Q) Ol E Ul () III 0 C Ci. t; "!: Gl '" 0 "0 ~ '" Q) Q) "e- O; () 15 Q) ~ a. 0:: Q) :Q > 0 Q) W x 0:: "S 0 a. z Q 15 Gl U Ul w 2 06 0. M Cl 0 "c (IJ E Iii c;; c;; Gl " D: 06 c III ::J Cl "f: c Q) -'" c '0. c: .... c: >- u .$ ro "m ~ c: 0 ~ 0 c ~ "Q c D- >-~ ::J co <( III $! aJ c ro c Q) tl () co '- Q) g > 0 E 0 c Gl Gl D- o ~ g 0 2 c;; III .c ~ Q) E Gl ro c "u c Q) > ~ Ul '0 C: Gl Q) t; e u 4: .;g f- :is ::J III 0 '" 0:: !!!. u Gl III Gl c ~ ~ u. "m Q) a.'" "0 ;= III .!l! Ul " E u. :;::; 1: c 1i5 OlCO 1'= 0:: ro ::J Gl 'n; 0 Ul '" c: <( E c '<t Q) - ~ ::J '" 2 0:: > U a. co "0 :c "c c "0 ::J Q) Q) "u c;; c C "0 (9 " <( :E 2 Q) c: "m "m 0 0 "w '" tl (IJ c Gl c aJ ro ~ ~ gt2 Q) Gl Q) ;;: Gl ~ 1'= 2 '" 06 U 10 " 0 1: Cl a. 1i5 Q) Ul C III E c: c: III "u >< t; "c :2 .;g 0 -'" Ol co "0 "0 "0 :c Gl :;::; W ~ ~ ~ 0 ::J ~ ro c ~ c;; c c c ::J c Q) 0 0 0 0 0 c: c: <( tJ u: u: u: 0:: ~ 1: Z D- ..J W aJ (IJ (IJ (IJ W Gl Gl > e Gl 0:: a. , (. ~L~,rr.'Iu. A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:--=c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Declare as surplus a 5,790 square foot parcel of City-owned land identified as being a portion of the East 90 feet of Lot 19, E. A. MARSHALL SUBDIVISION and vacated State Street right-of-way adjacent on the north, for the purpose of conveying perpetual non- exclusive easement to Florida Power Corporation, d/b/a Progress Energy Florida, Inc. for overhead electric transmission and distribution lines and related facilities as defined therein; and authorize appropriate officials to execute same. SUMMARY: Subsequent to platting CLEARWATER VILLAGE - PHASE ONE in January 2003, the developer approached neighboring property owners, including the City, to convey easements to Progress Energy to facilitate relocating the existing electrical transmission line that traversed the length of Freedom Drive, the subdivision's only roadway. Pathways Community Church (Pathways) and New Zion Missionary Baptist Church (New Zion) own property that straddle Spring Branch of Stevenson Creek as it flows west from Kings Highway. Both churches have granted additional easement for Progress Energy to relocate the transmission facilities east of their present Clearwater Village alignment. City conveyance of the subject easement will complete the right-of-way required for overhead re-routing of the transmission lines to a new monopole tower to be constructed within the easement granted by Pathways. A portion of the subject easement lies within land the City co-purchased with a portion of the $1.5-million dollars the State Department of Environmental Protection (DEP) funded under DEP Agreement W AP050 for Stevenson Creek projects. DEP has reviewed the proposed relocation plan and provided written response that the project will not jeopardize DEP grant funds so long as it does not interfere with the City's ability to construct and maintain the Spring Branch project as planned. Stipulations contained in the easement conveyance explicitly establish those requirements. To further facilitate the relocation project, staff will bring an additional item to Council proposing the City subordinate existing easement authority it has over and across Spring Branch to the new easements Pathways and Mt. Zion conveyed to Progress Energy. A copy of the Easement conveyance is available for review in the Office of Official Records and Legislative Services. Review Approval: 1) Clerk . . ~ w I~ . . . ! . :~~< ~\:u:s~. j2(:~~ii ~~ ~:.~~::;).;.~_~.~~t.~~:~Yj;f!l:.,,(j..~~~;~~~.': ~~~ "!":.~~~~~.}.~~~ I.(;~. ..~~~.>: )~~;~~~~ji,;~~~:; ~~ ~:k~~;'~~::.~'p.r I.~/ . - - . . ~--- !&II -- ~.. -- ~:~~ 1~.-.72~.;~.~.'_~~~5.:.7.~.<~:( ~j~~ ~~. ~~.:.~ :~~~~. ~~. ~.~}~r~~ Ii. ~,au. - . . ~~! _}~/,1.~~~ f:_~~~:'..~.~f(:"~~:-/ ..,;~5:\.:. . - II I .~ ~) .:~?d(~~~~;~.J,~~;~ ~_..: ..... . . ~ '!7 ..... . - ---- I . II . . . . ~ tt ~_:''''' ~ < :.:.: ~ : .~; .,. . . ..".,..... ,.I~' ..:_ - .- ..... I.. ......_...~....-: ~~~.. . . . I . I ...."- 1t- = . M . ' ..,V.~ :-O~~~)... x. ; ~:-..- d ~.~~~ ~) ....~ -~~~~;t. . Iv,::':: , II IIr ~ a . . II ;0:: . . . . . . - ~ .. . . ... . ;-: ...... ... _.:-.. -. ~. . ..... - . . ~ .. _. . - 1 .. . _ .. . ~... ....... - - ...- ...-"... . - . - . .1. _ : .- I~'" I~. . _ _.~ --... -... ... '__-;....:.--.......:.-_"""= _,::r _-_--- --~::..........:. ~........"'---=--=- - ~.. _-:,,-...=--. _-=.. - . . - . -...-...-.. - -- ~.~ '1I!WJ!~~Df-~~ Nt . . -~g. m I . - - -= I!I g . . ~ . . ~ . ~ . ~~ . iIIlI_ . . . ::~r ,:~~). ~ >: ~~ :~:::~:..~~.~ >:. ~~-.. ::. : ~.~;:.:!~~;r~./03 ;j:=5~~, ~ :.: .;:~_~:~~~~ ~: ~r~/-= ;~~:~i~~~.~:.~?~..~~.. ( ~;~ ~:.~.:.,~..~.;.}~_~; ~' ~'~~~:.. ~;~j1.~.~:~?~ ~~. ../yX~a : ~~~.: ~; ..:~ .~~ ~ *~.~ I. ~ ~ !~.r-~ :'~~.;~~~.~ ~.:~.: i~1.~ ~ F\ ~ .:~~ ~}(;~.~ .~~ ~ .:~.,?~~J ~~;r.:. ~~ ~.~.'~',;"f ~~i~r:~;:;'>>.,~ ; l<~. ~\~~I~ .~~~~;~!j ~~~>'j ~ ~~~:.~~ ~~.:_~.~~~~~:..~~ ~ ~.~ rJ;:.[7.\~~) <':~:..~ ~\\ ~, ~..:.~~ (~~y~ ~;.: .~ ff~1 ~ . - go: II \,'.;:. ~...;. ..~:;r rT(~(::: (!:~"'i+'~~~~::~:.'" :~?. .:yt::~~ ::-:~~--:::.~~~~~:1~) .~~-;L~.~.::~r.:; 1 ~~ :.~~4.~~~-'(~'~'~~~\ ~~;t~~~~... . tli - I ~ . . . I . . ':' . . . . (] II . ~ . . . ..... --. . . !'l . . . ~. ~ . .. . . . r ..... - -"" --;;;0 .-- . . . . . . I'i I ~ . I . . .e . . r.;; . r ,. . if - .... . . ~ M ]0 :~.j,~,1 .i~~~~~}:.._". .~.-i~~~_:,,:~,~:.:~~.ki~-);:_:lZ~:::.. ~.:~ :~_:_._-. J.~'-; .*/~~ ~:~.;) ~ I.~::~ .~-:-~~i EI .. ..... . - - - - - . . . : ~,i.;.~.~~~:{~) r:': ~~..;."" {~~". ~~7 .-&;_~)'~::.~.?.~.: ~\/JiJ-5~ ;" i".{;~J,r.k . . "::I . . . ~ I . ~ ~ --==-- - . . . . . . R ~ . .. ~ . r ... .. ,: :~~~f!~~.:;::~3~~~~~~G~~t~j_~~~I~f.. . ~ - - . - - . - - - f. - - - - -. -- = - - - ~--= =--- - ----=---= =-- --.-----=-----=-=-=-_-:....:...:.;"..---==-= -- --== - . .. . -- - - --. - -. -. - - - -. -. . . .- -. - - - . .. .-.. - -. -- . . -. - -- - 1,1I ~ . . I , (. ~L~,rr.'Iu. A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:--=c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Declare as surplus PLAZA PARK, Block D, Lot 6 and the west half of vacated alley on the east (City parcel), and approve an Agreement For Exchange of Real Property (Exchange Agreement) between the City and Clearwater Neighborhood Housing Services, Inc. (CNHS) to exchange title therein for title to PINE CREST SUB., Block 2, Lot 7 and one-half of vacated alley adjacent on the north, (CNHS parcel), each deemed to be of comparable appraised value as stipulated in Section 2.01(d)(5)(iv) of the City Charter, together with estimated closing costs not to exceed $550, and authorize appropriate officials to execute same. SUMMARY: CNHS purchased its 50 X 152 foot parcel in July 1999 with the intention of constructing affordable housing. Preliminary to site plan submission CNHS discovered a 36-inch City stormwater line running diagonally across the lot, rendering the lot unbuildable. The history of the stormwater line is unknown, but it encumbers this parcel and other properties in the vicinity, both improved and unimproved, without easement. Being unable to build on the lot, CNHS proposes to give it to the City, with stormwater line intact, in exchange for the City parcel. The City lot is the slightly smaller of the two; but the lots are both zoned Medium Density Residential and buildable to equal density absent the stormwater line encumbrance on the CNHS parcel. It is anticipated that a future Public Works project will be established to re-route the stormwater line within public right-of-way and abandon all segments now traversing private property. As provided in Paragraph 25(B) of the Exchange Agreement, the City will place sufficient fill dirt on the City parcel to raise its ground elevation to that of the abutting streets. Public Services has agreed to provide the fill. Each of the parties will pay its own closing costs to facilitate the exchange. City expenses not to exceed $550 are estimated for title insurance in the amount of $40,000, plus related closing and recording expenses. The 50 X 145 foot City parcel came into General Fund ownership in 1999 as a result of the City foreclosing about $3,840 in unpaid lot clearing liens and paying approximately $3,328 in delinquent property taxes. Proceeds from future sale of the CNHS parcel will accrue in the General Fund once the stormwater line is abandoned. Sufficient funding is available in 315-92822-561400-541-000-0000 (Miscellaneous Engineering) to fund estimated closing expenses. A copy of the Exchange Agreement is available for review in the Office of Official Records and Legislative Services. Type: Current Year Budget?: Capital expenditure Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $-0- $550 2006 to 2007 Annual Operating Cost: Total Cost: $-0- $550 Review Approval: 1) Clerk . . .. I . . . . . 11~.!~~-2.~j~.{;;:-T~ ;t~1rtr(~:;t~~~j ~~:~~:.2I\~:'~~1l.~~~f_J1~~ ~~1-t ~~st~~. ; l~.~ ". - . - -- - .-. -- - - - - - -- - . :I: . . . . . . . 16 . . I . . - . . . ;1~t,~li~~!~~~t~~~{~~itl'~lle:~'~1it!~~1~~~lili;;;~~~:1~:; '&"~'''>-",t~I,.:,J;t~.....8<'~~ ,v//,.... \~f" '"Y0<'l;';;;' I 'Jj;;,V'"' " .. ,.. .!>",.~-_\ .', y' ':.' "'-"I<:~'~'--k*t..#.:W*"-"-.4' ~ ."-''';y"~' '. ~"")'=0?!i;)Ji(.' ~'--':/...$Jr...~} /"<:-/:<.-"'V ~git{+0.r~~~ti.~':~~'.:.: ,,&:t~y~~ffi~t(i~.:;.:.,;.. .~..,.,:}fnJi.'" 'ff"t<~'"<~!;~: .~'.',; >/).',:~~:'ni^",.'.<~.rJ{:t{'h'" .<t<0.~-~' i>;.~q':.t:<;,,"~71.t:j/";'~- i ~ -=- r.l!. . I ~l . . . . I . . . - . - ;: ~ . . . II . . ~ . . ".,j . . I I - - - I . '~~jL~:~J~.;1.1~1>;{fJrJ~;~~~ar{z~11*:;WU~gk~}tJl~K. d~:~]iffh~~~~\~<~~~5*j~~:'~ft'5t11;c~~*;~!i:i~k1i<e~' .:; ~0~ <';::". ~ fr' ........ -:'?"P~}I'" ~7r...... -:~'-_':. :/%:...f~ ~~ I :. ~:/.f;y... ~ ~;J;ii:.. '--:"'-:{. - ~1..., -~~? ;..' .,."?J! :;..~-.. ~...~~_'::'.:=~ :,:.~ .~~; .-:~~~( t:i._~~ y~\~.:, ~ ~-I' .:--..!ti~ 0..:"':......"<: ')!'~,,:""":,";I \~. .;:~-- "'I~.';:' 'J J_" .-.. ... ~",,\'I .~I..: .,".... -.~?:Ii II" ~~:;. -...... ..,..: ... ,.}.. ..............1' ) 'v I '.J~."... ...... ....~~.( ~ ...~.." . ~~..:) .., :~f.~ __... I)... . ...!-~. . ~..-..:~.:=:tr~~'$.r.;t"~i.t#:~;~I~;'.f~.:J.1"-:*..../~(~\~/i~~j{J.:~Q')1-1.~i~~.."::':.:;::::;)..\"":...l}jY.L'::..q;~~}~\:P'k.:..~t~.::;.~-t~.(;#~:~i:...:\%.:-:.{~...~d~~~~ ~r\~/:"'4;\.f.:(:~'-1.(t.1:":".'::::'~'!.:B.?::;'~~I"~0);.:-{-!-i""-:-;':::;;'{'!~I~ ~#i~~~;~W~~6~~tjKf.+(f~,i~\W;qZj.~lll~,~~t~~~1~~}Yt:~~Wf7~$~~?[.~~;*~\;?'it~~*~4t;Mt~~~t.~:f~tf{~t'~:;{~;t~~V~j\~#:y."-?L~!'" III {~: i.:;:.:\ ..~~ Y ~IJr-.': :,~.~ ~:....;:~.:. ; ,:>R:~;~~::? ~ .;:~.; ': (i j_((~?i; J I~ ~~C~ ;..;~~)~ L~ ~4.t!~. ~~}/ f.:!~~ - . L -= . . . . .-. . - ..,. I . I . '{f/>~~j:~.~Z' :...~~~.~<\~:~;:J ~~ . . .-%x>;t}Jig~~~fh7}7??f. io: ~ ~~~.:~'.:(.:~l;:,"j:~ ..:,~':":>:~:;:(;r'l \~ ... . -- -- - --=-=-... - ==-=-- .,.....y-:.,:.~.~i...~j"J:t..I~. -~.......:.!--.......,,:.r-.-.-~""~""''''''''':-.:':'dl' ,Ar...........~~"i...... (." ~~"'..r:,~-J:: ~.r-: ..-:-.-......:- ~..~- _.::--~-:.~~:..~~:L ::- ''-;:::~r:;' .I:~:~.~..~(..~~.t.:::-. I/.~-J~..~ ....) 'J...::~~~~I .~: :;~~~~\:. .~~...... L ~~~~:;~I ~('1 . . . . . II . . . ~~~:~~:i=~"~-"~=-""-=-i.:"~--~ - -~" -~~':'~--"':;;:-=~i~:'~~:"~':"'~~---': _ ;::_~.:..:.~; .. :-:;:?z:'--(-;:.-" -~~.~~ "-:::":: "-_-:..r ~ "":."~~--~"- -~~" . . . . . . i . I(J - ~ . . ~ . :f~I(frt_J1<'~-~}:2.7Z(71~IPJ1?;;;._\I/tf0:JI~e.~~~;J;b.jj:i~;2{lj~li.<.+;' ~~. \~. 0T~ . , (. ~L~,rr.'Iu. A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:--=c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7646-06 on second reading, annexing certain real property whose post office address is 1728 Lucas Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: 1) Clerk ORDINANCE NO. 7646-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 500 FEET NORTH OF S.R. 590 AND 510 FEET SOUTH OF TERRACE DRIVE, CONSISTING OF LOT 8, BLOCK 6, VIRGINIA GROVES TERRACE THIRD ADDITION, WHOSE POST OFFICE ADDRESS IS 1728 LUCAS DRIVE INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171 .044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 8, Block 6, Virginia Groves Terrace Third Addition, according to the map or plat thereof as recorded in Plat Book 37, Page 74, Public Records of Pinellas County, Florida (ANX2006-03009) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING Ordinance No. 7646-06 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 2 Ordinance No. 7646-06 SR 590 1680 Proposed Annexation Map Owner: Alphonso & Sandra Frazier Case: AN X2006-03009 Site: 1728 Lucas Drive Property Size (Acres ): 0.193 Land Use Zoning PIN: 05-29-16-94374-006-0080 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 264A , (. ~L~,rr.'Iu. A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:--=c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7647-06 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 1728 Lucas Drive, upon annexation into the City of Clearwater, as Residential Low. SUMMARY: Review Approval: 1) Clerk ORDINANCE NO. 7647-06 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 APPROXIMATELY 500 FEET NORTH OF S.R. 590 AND 510 FEET SOUTH OF TERRACE DRIVE, CONSISTING OF LOT 8, BLOCK 6, VIRGINIA GROVES TERRACE THIRD ADDITION, WHOSE POST OFFICE ADDRESS IS 1728 LUCAS DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Lot 8, Block 6, Virginia Groves Terrace Third Addition, according to the map or plat thereof as recorded in Plat Book 37, Page 74, Public Records of Pinellas County, Florida (ANX2006-03009) Land Use Cateqory 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. 7646-06. 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. 7647-06 SR 590 1680 Future Land Use Plan Map Owner: Alphonso & Sandra Frazier Case: AN X2006-03009 Site: 1728 Lucas Drive Property Size (Acres ): 0.193 Land Use Zoning PIN: 05-29-16-94374-006-0080 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 264A , (. ~L~,rr.'Iu. A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:--=c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7648-06 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 1728 Lucas Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: 1) Clerk ORDINANCE NO. 7648-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 500 FEET NORTH OF S.R. 590 AND 510 FEET SOUTH OF TERRACE DRIVE, CONSISTING OF LOT 8, BLOCK 6, VIRGINIA GROVES TERRACE THIRD ADDITION, WHOSE POST OFFICE ADDRESS IS 1728 LUCAS DRIVE UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot 8, Block 6, Virginia Groves Terrace Third Addition, according to the map or plat thereof as recorded in Plat Book 37, Page 74, Public Records of Pinellas County, Florida (ANX2006-03009) 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. 7646-06. 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. 7648-06 LMDR SR 590 1680 Zoning Map Owner: Alphonso & Sandra Frazier Case: AN X2006-03009 Site: 1728 Lucas Drive Property Size (Acres ): 0.193 Land Use Zoning PIN: 05-29-16-94374-006-0080 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 264A , (. ~L~,rr.'Iu. A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:--=c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance7659-06 on second reading, vacating the five-foot utility easement lying along the north property lines of Lots 4, 5, and 6, Block G, Hibiscus Gardens. SUMMARY: Review Approval: 1) Clerk ORDINANCE NO. 7659-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE FIVE-FOOT UTILITY EASEMENT LYING ALONG THE NORTH PROPERTY LINES OF LOTS 4, 5, AND 6, BLOCK G, HIBISCUS GARDENS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Tamara Realty, LLC, owner of real property located in the City of Clearwater, has requested that the City vacate the utility easement depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: Five-foot utility easement lying along the north property lines of Lots 4, 5, and 6, Block G, Hibiscus Gardens as recorded in Plat Book 14, Pages 55-59, Official Records of Pinellas County, Florida is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as described above to the owner of the servient estate thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7659-06 , (. ~L~,rr.'Iu. A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:--=c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7661-06 on second reading, annexing certain real property whose post office address is 1532 Stevenson's/Stevensons Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: 1) Clerk ORDINANCE NO. 7661-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 150 FEET NORTH OF CAROL DRIVE AND 25 FEET SOUTH OF STOCKTON DRIVE, CONSISTING OF LOT 19, BLOCK A, STEVENSON'S HEIGHTS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1532 STEVENSON'S/STEVENSONS DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 19, Block A, Stevenson's Heights Subdivision, according to the Plat thereof, recorded in Plat Book 34, Page 13, Public Records of Pinellas County, Florida (ANX2006-04012) 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. 7661-06 15 ,.. ,.. ~ 160 8 20.9 1501 10 11 12 ~ CO ~ '" ~ :c: SPRINGDALE ST ."J :>. 1427 "'..... "',.. ~ .... 1423 ~~ "',.. .... ~~ ~ LIJ 14~1 CO 1419 1417 ... ...... 10 11 12 1413 co ~ 1411 ~ ,.. 1409 . . : RUSSELL ST Proposed Annexation Map Owner George Stolzer Case: ANX2006-04012 Site: 1532 Stevenson IS / Stevensons Drive Property Size 0.157 (Acres ): Land Use Zoning PIN: 10-29-15-85446-001-0190 From: RL & P (County) R-3 (County) To: RL & P (City) LMDR & P (City) Atlas Page: 2698 , (. ~L~,rr.'Iu. A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:--=c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7662-06 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 1532 Stevenson's/Stevensons Drive, upon annexation into the City of Clearwater, as Residential Low and Preservation. SUMMARY: Review Approval: 1) Clerk ORDINANCE NO. 7662-06 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 APPROXIMATELY 150 FEET NORTH OF CAROL DRIVE AND 25 FEET SOUTH OF STOCKTON DRIVE, CONSISTING OF LOT 19, BLOCK A, STEVENSON'S HEIGHTS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1532 STEVENSON'S/STEVENSONS DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW AND PRESERVATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Lot 19, Block A, Stevenson's Heights Subdivision, according to the Plat thereof, recorded in Plat Book 34, Page 13, Public Records of Pinellas County, Florida (ANX2006-04012) Land Use Cateqory Residential Low Preservation Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7661-06. 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. 7662-06 15 CG ,,'" 1)1) ~ TIU 8 20.9 o ~ 1423 "," RIDS 00 ~~ 27 9 1421 1419 1417 .. 10 11 12 1413CG 0 1411 3 1409 ~ I Future Land Use Map Owner George Stolzer Case: ANX2006-04012 Site: 1532 Stevenson IS / Stevensons Drive Property Size (Acres ): 0.157 Land Use Zoning PIN: 10-29-15-85446-001-0190 From: RL & P (County) R-3 (County) To: RL & P (City) LMDR & P (City) Atlas Page: 2698 , (. ~L~,rr.'Iu. A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:--=c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7663-06 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 1532 Stevenson's/Stevensons Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR) and Preservation (P). SUMMARY: Review Approval: 1) Clerk ORDINANCE NO. 7663-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 150 FEET NORTH OF CAROL DRIVE AND 25 FEET SOUTH OF STOCKTON DRIVE, CONSISTING OF LOT 19, BLOCK A, STEVENSON'S HEIGHTS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1532 STEVENSON'S/STEVENSONS DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR) AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot 19, Block A, Stevenson's Heights Subdivision, according to the Plat thereof, recorded in Plat Book 34, Page 13, Public Records of Pinellas County, Florida (ANX2006-04012) Zoninq District Low Medium Density Residential (LMDR) Preservation (P) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7661-06. 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. 7663-06 4.2 14 15 c . . . ... . . . ....x:.:..:.:. :.::.:::::::.. >.............:.::.:.: :.:.::':::::: :..:>.............:-.-:..:::.:.::.:::::::..:>.............:.-:... 9 ~ ~ 8 .:.....:.4> 2::::i:.:::;"::' :~:'~:::\.~:.::,: ~:t::i:'::;' ::::::it:::::::~. ,::.::{(::i::~ ;"::::::i::::~::::::\~::' . .. . .. . .. . ... ... .. . ...... .......C.t..A.... '.ltftJ' .n........ ................ .:.: .:.:. :'::':;-::.::,-:' :":' i:.::..:::':.:.: ':-:':'::.:; .::.::.-:. :":" (::....:.. :. .,:.. "8.~' i . 0'.: .:-: :'::':;-::.::,-:' ,':" (::..:::': .:.: ':-:':'::':;-::.::. . . .. ... ... ... OS/R .... .... 10 11 "" 1619 ~ 15 1615 .10....... 14 -~::.:.::: 9 :...~.:: 1613 .. 1601 10 11 1604 "" ~ '. ... : : : :-:.8..':.: : , .' ... 1501 10 11 "" ~ SPRI 1427 "' "- 1423 0 0 ~ ~ 1431 1419 1417 .. . . .. 10 11 1413 '" 1411 0 1409 ~ 8 20.9 Ac(c) I Map Name Owner George Stolzer Site: 1532 Stevenson IS / Stevensons Drive Case: Property Size (Acres): ANX2006-04012 0.157 Land Use Zoning PIN: 10-29-15-85446-001-0190 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 2698 , (. ~L~,rr.'Iu. A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:--=c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7664-06 on second reading, annexing certain real property whose post office address is 2750 Third Avenue North, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: 1) Clerk ORDINANCE NO. 7664-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED 1600 FEET EAST OF U.S. HWY. 19, NORTH OF SECOND AVENUE NORTH AND SOUTH OF FIFTH AVENUE NORTH, CONSISTING OF LOTS 1-14, BLOCK 45; LOTS 4-11, BLOCK 46; LOTS 3-9, BLOCK 49; PORTIONS OF THIRD AVENUE NORTH, FOURTH AVENUE NORTH AND LAKE SHORE DRIVE RIGHT-OF-WAYS, TOGETHER WITH A PORTION OF METES AND BOUNDS 24/011, 24/012, 24/013, 24/014, AND 24/015, WHOSE POST OFFICE ADDRESS IS 2750 THIRD AVENUE NORTH, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171 .044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached legal description (ANX2006-040 14) 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. Ordinance No. 7664-06 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 2 Ordinance No. 7664-06 f[ @ 2111 " '" It) 0; . .. . .... .. ..... ..... ..... "':.1 ..:"" ..".. ". .. ..". : :~':.".:':"::; :.:~ :,-':..::.",:.:::::: :~':..'.:.:";:; } :,-,:..::..'.:.:::::: tr . . ~. :: ..:. . ::;.: : - :". :::....::. :": .-":.:.:- ;:;.: :- :". :::.~::. :": :":.:.:-.- ..6~.... .:.... . .' :: :.": :: .- :" ::: .....:. ":__:::'-:':::":::-:'::.:'::':':::::'-:':::'-:::-:'::.:'::':": 18 17 16 15 14 . '" "::1-1":': ;:~;~. :9: :: '-:~"'" \':..:i.:.:::..:'.:..:~. . ::...:.::.:.:.-..:__:":-.... :.:::.:':,,:~:: ::...:.::.:.:.-:.::~....:.::.:.:.-:..:.:;.::.:.:::.:::..:.:. :':/:/.::i{.::;:;..:::::;.j4#4{ii.::;:;.:::::ii:::::';::/;::;'.:':, ::.:...-.:::.. :::':.:ji ~Q; ; 7/-.:,', .....::r~::.:...};::.::-;:.:.\i.:.;..~:.:.i.::,:::::..:.:i:{,;:,;:.:':.:::i::'i:;';:.~.:':.:::::.:::':;"~:::.;r::,::::.:.!-.:i ::.:'::i:::'i:~";:;' :if:')#1.<'i:~..;:;..;:~t):,::-':":.:::::i::! 9 10 11 12 13 ::'--:" i:.::'.:,: ':1-..: :'~:: \:i;:<:4.:. '.. :'.::,..:,::.;:.~.:,).':..:'.:'.:::.::..::::,:.(:.'::.:X.:.,'.::.::. :::.::..::,.:.:,:.;:.:.:,.i..:.....::...':.::.\,:..(:..::..::.:::,.:.f.::..~.r.:.,.:.:,::.;:...:,}..:..:..:..:A.::,.::::,..i.C.::.::.:::,.:.::..::..::.::.::,.:. :,::.;:.:.:,i.':..:..:..::. iii ;::}:::: ::,:: jF;:~.((;:::::.ti~:t:: ::,:: :'i:::..r:--((;::::.:.::j ... .. ..:.y ':'--':::':':'-:-':::':':'::':::::'::.::::',:::':':'-:'.:--:':,:'::':::::'::.:::.. . . ... .... ~~, .:.....:.. .AG.... .:. .'. .:.. . ':.' ..... .:. .'. .:.. ............ .:. ....:.. '.': ::.::...:.:.:,:::::.,:.:):.:.-.-:.::,::...:.:,:,:::::.,:.:):.:....::::,. FOUR TH AVE. N: i:::.~::::.:,:::'~:i:::'i::";':ii~'::::::::'i::::: :.:-.::.; ':';; ~i;' ;~;:,,:'..:.:i::;':.:':::': ;';';"i,:" ;:::.:::.:.::.:::;:..\;:,:::.;.:.:.:::::.:.;.;.;.,(:;. ;i.:::.:.::.:::i.:::::';.:':.':::':';";"',:,::;' ;:.::~. . :,:'::.:'.::':':--;:' (:' ~'i::::',:'.i:::::,: :::.:'.:>:':--;:'iH ~'i::::'.:'.:::::::::] ....:::::.. :.:::;:.::. ';~:'::'.: ::.:..::.--.;.::.::.; ;: ':.:::.: .::.: :.:.':,:,::':' : ==:::":::':':.: ':':':':\,:.:.:.::.;.'.:--'/:.:: ..:::.::::'.:. :.:.:::::.:.:.: .:.',.-:'/:.::-::.<. ::::":':':':::::':'::F: ..:.::-:::':':::: '.::. :'::::":.'.::': ":,:' /'::'::.<::::":':':':::::':':'::':".::'/:.::::::1 "-::-:. :'::.< ".' ';-:.';' i..':': ::'~'.::':'.' ~i, :.::....:>,...; ;' ':..::' ::..-' 1r'.': :.': :':.:,":', ':' .:':':,:.: :.: :..: ::':' ::.....:.: ',":,'.: '-:,:.:': : '..: ::':' ::':.> ':','.::' .:':':,:.: , :.: :..: ::':':: :':.> ':','.::'. ,,:,: .:.:. :..:.~:":': <.::::':'::':::-- :".,:..:.' .:.:. :..:.~:":" :<.>::':'::':::-- ;.,:..:;.:.:. :..:.~:",-I ~ ,jt "" ." .' ...... '4,:;' . .' .' ...., ..~ :.:":: :,::':';:':: .-..::.:.:":.:"::::':: ;:'::"'-":--::':::.:": :::'::.:.;:'::.-.-..::.:.:":. ':: :'.: .::.-.-..::::.::':.:":: ::'::':';:'::'-'-,'::::'::':.:":: ::'::.:.;:'::"'-.,::::.:~ 7 ~ 9 i 11 .:.:.;.j:~:i:' :'i:~":::: i.'::. (.:::::.: '.:: ::.\. ;.: :'.~: :.::. ,.-~. :::: ::.{::;:i;~::' ::. ':' i:::',:'7:':::.: .:. :.:. ::.,:;:, ::. :;'.':{ i:'::,:,;,-:: ': i. .;.:. ;',:':; :::'.:. ::. ',.-:" i:.::'.:.:'-::;: .:..:.:.;. ,:': '.::'/{;:/::;:';--:::'::::.::i.:; ::i.; i:;:.:::::.;{:i/::;:-;:}'::::.iii :{.: i:;:,:::'::;{:i/:;:-;::i ~ '. . :'.: :. . : __: .... : ': :6...:::.:.... :'.' :: ::'. .... .': :::" '. :::::,,;:::,::::,'>':"::::::'.;:::.::::u.-:..:"::::::..;.:" '. .. .- ......- .. .-. ".- . :..... ....- . :" ....- '" :'.. ......-. :::::::":..::::::.::'..'::.:'::::.:::".=:'::::::::':''::::':"::'..'::'.:'::::.:::--.::'::':::::':'.::::::. "'HIRDAV:'~N .. . ..' '. ..... . ..,.:...-....'..:.VAC. ....,.:..:.....-.:...::.-........,.:.-:...,..:...:..........,.:..:... " ,,, """ . , I "(..;.' \i;.;t"!::iii: ::: .... ':'/!/':':>.: ::'. iii' . ::>::": '.': "::.::'.:.~:.:':':. ...:.:': ::::.: :'::.:':'..~:.:':':'...::'::.:: ::: :" ::".:'::.' ~:.:--:':..:.:.:.:: ::::'" :.:.:.::::..::.:.:: ::":".' ,':, :.', ::.:.::..:.:.:.::: ::-,...:, ,':, :.', .:.:--:....-:.:.:::1 . .. .. .... ........ . . .. . .. ..~. ... .~::-::.:.::;..::~:~.:::.:...~.:::.:.:.:...:\:::::.~::-::.:.::;..::~:~.:::.:...~.:::.:.:.:...::::.:::::.~::-::.:.:/::~:~.::: ~ 350 ;" . .:.:. :: .'. . : .... .:. :::' ::"':' ":"':':::::;:':'{:::.::}:.::.:{.)::;'/:.:::::::/:;::::ii ::.\:i~::~..;~.;~'::'~::':.:;:::;:.:'i.:::.:::t:i.~:::.... .:::..:\.;:":-;.:.::::::..:.:..:.::.:..::<;:..:::..:\\:":-;.:'::.::::..:..:..:.::.:..:::.:;:'.:: :.:\:.;:':;.:':: 2 ~9 18 17 16 15 14 ... ...... .. .... .... . ........... . '::::":::':':::":.-'.::>:'.,'::::'-.:::.:.::::.::..--:>:'.,'::.:.-.:::., . .-' . :/\:;..; ::.~!?:-i:: :: :1:~~ ~.; :.~;':'~i::: :: :i:';: ;8:'::'::::': :;..;.;. ii .:.i::::.:: ::i:';:;: ;':: :,::::.::;.;.;. i ;-":.:-i:::::: (::.;:;: ;': :'::,:::.::;..;.. :::ii::::f:\~';:: :':\:i.::;..;::. :iii.:..:::::::r:i ~.;::: ::;/i:.::;..;::. ii.::':'.::'::::r:::);: ::i 7 8 9 10 11 12 13 .. ;: i\':': :'iri~::.'i :a~ ~( ';\:~: :::,.( /i':::.};: ;:.:.;. :.:. ::}i? :::;:.'.:';::i/::i:-:-';: i::':':' :'::iirr ::: 'i;:i/::::::':';: \':':':' ::i;i'?::(i::::.i";: i\:':' ::';:=::rr::.'::';::ii:\::':';: \':':':' ::}irr::>.:.;::(::::::::.: ... 'i:::.:::.::':::::.:.::::::.::..::'.:.::' ''::.::.::''':'::::':.:::::::.::..:'.:::.-.~~.;':.;:'::.:.::::::',:::,,::':,:::':i:::.:::::::':::::'~:::,:::,:::,: ::::::.:\:(.::,-::'':::::.::''':::"::::.:.:::::::.:\:(.:::..::"::':::'::"':::'::::':'::::::":::'.:(.::1 . : ~:::''::. '. :.:::. '-.. .... ,: ..:....:::: '. :.::::.... '-.'. ::. .:...::: 13'. :':~,::.:.::::::::'.::::':' :'..'::',:.':::.:::".::':: ":':::'..:.:-:-.::'i':',:.'.':.:: :: :::::'::'.::::::.::'..'::.:'::::.::".::':: '::::::''::::':'::'..'::'.:'::::.:::--.::': ::::::::'.::::::1 .~:;:';'::':'. ~.':.'::~;::;:::':?:i'i.::i:.'::::.:::::;:';::;::: ~.".'::~;:~~::.'::~;::!:::.;::.::i::.::::.::j :::.:i:1ff.. :~\:: :::":':'::::.:'-.::::: :::,:,,:,:,,: ':::":':'::::::'-.:::::'.':::':'.:.:'.<: ":':'.'::::::'-':'-:::'.::::':'.:.:'.<::'-:':':::::::'-.:::::'.,:::.:..:.:..<::..:.:~.:..:,':::":':':::::::'-,:::::,,':::,:,,:.:,,:":::".::'.':::::::.:::::..':::.:..:.:..<:..-:'.,::::::'-.:__:::..::::.:..:.:.,':":::.-:':':::::::'-,:::::,,':::,:,,:,:,.<::. ::::: .: ~ .~:::,:: ':.;:~':"i: :.:;.fi: ::':~:~::f: ::'..;~:~':'\ .::~:~;.:::i::J: :::f:::).;:: :.ti:::':::'.:::-"i~::.:i.J :i::i::};::::':i::(,:::,,:::'"i~::-=i:J ::::'r::i:.;:::}':S~~#.:,:.wr:\:';:::\i\::':::':::'"i~::':i:J ::::f:::).;:::\':'i:::':::'.:::-"i~::.:i:J ii::':::)';:i:':': ::/.:::..:::.':i:-=i.::.:; :ir:i:,;:::\':)(,:::,,:::'"i~i,::':J .:::'r::i:.;:::i . ':'::.:. ':......-- :. :.: . ':'::': .,:. "".-- ':. :.:. ':': :'.:; :..':.--.::. :':.'-': '::' :.;':. --:.--.::..:': :"':'::: :.;':. --...--.::.:l?'.9t,::, ..A.e\C__;::. .:.: :' :'::' :.;::,:,:,--,::,,:':' '-':":' :.;.:. ..:....::.. .:. :::: ::,,::':'~::::'::'::-.:':::.:':'.:::; ::..::.:.;:::."::.::-.:.:::.i1 .II 'BL . ~~~~ 2~ 235223 J::::.;:::;/.:::::;:I:;?':U;:':;::::i:::':;::::::::::::';:::;:::;.::;:;;!::;;;i{::;;:.:;:::/:i:::j ! ,~ ! ,,~~,"~ '349 ~ f'i'l:,:iii\"liiilii:,':/l,:,::"'l!','l:'i,! 'J) ,/ 2343 21 ":. '.-:::::" :__.:'..::':.: :.-:':. '.-:::::" ::.:'..::':.: :.-:':.'. 32 L J..::::::'::":::i,::':.:':::=:::.:,''-,::,:'.:'::::::\'':::i,::':.:'::::;:.::(::.:..:,:.:::)i VA 20 19 //~ ~,,!J 7 8 Proposed Annexation Map Owner Peter & Eileen Krauser, Mark Maconi Homes Case: ANX2006-04014 Site: 2750 Third Avenue North Property Size (Acres ): 9.89 PIN: 32-28-16-14922-049-0030 32-28-16-00000-240-0110 32-28-16-14922-046-0080 32-28-16-14922-046-0040 32-28-16-14922-045-0010 32-28-16-00000-240-0140 32-28-16-00000-240-0150 233A Land Use Zoning From: RS & P (County) R-R (County) To: RS & P(City) LDR & P (City) Atlas Page: , (. ~L~,rr.'Iu. A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:--=c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7665-06 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 2750 Third Avenue North, upon annexation into the City of Clearwater, as Residential Suburban and Preservation. SUMMARY: Review Approval: 1) Clerk ORDINANCE NO. 7665-06 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 1600 FEET EAST OF U.S. HWY. 19, NORTH OF SECOND AVENUE NORTH AND SOUTH OF FIFTH AVENUE NORTH, CONSISTING OF LOTS 1-14, BLOCK 45; LOTS 4-11, BLOCK 46; LOTS 3-9, BLOCK 49; PORTIONS OF THIRD AVENUE NORTH, FOURTH AVENUE NORTH AND LAKE SHORE DRIVE RIGHT-OF-WAYS, TOGETHER WITH A PORTION OF METES AND BOUNDS 24/011, 24/012, 24/013, 24/014, AND 24/015, WHOSE POST OFFICE ADDRESS IS 2750 THIRD AVENUE NORTH, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL SUBURBAN AND PRESERVATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property See attached legal description (ANX2006-040 14) Land Use Cateqory Residential Suburban and Preservation Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7664-06. 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. 7665-06 RIDS . ". . .. . . . ..... .... .. .. .. .. . . .. . .. .. .. ....... . .. . . . .. . . . . ,-," ....... . ... . . . ... ", . ... .. .. ....... . . . ...". ... ...". ..". .. ....... .. ...... .. . . .. . . . . . .. .... ~ ," ... .. . .. . .. ....... .. . . ... ..... .. ... .... . . ... . . . .... .. ... ... . . . .... . . .... ... . . . ... . .... . ".... .. ......" ".... .. .. - .. - - .. . ...... .. ...... . ... ..... .. .. . .. ...... . ... ... ... . ... ... . .. . . . ..... . ... .. . . . . . . . .. .. . .. . ... . .. . .. ... ..... ... . . . -. . . .~~.~.~. ......:.....::.:.:: RS .. . . .. ... . .. . .. .. . .. . . . .. . . . ... . . . ... .... ...... ...".. .... .... ... .... .... .... '.. ::: :.'. .....:.:.:.. .'. :::..... .... '::..:.':" :..:: ::. .....:::.:..: :..: ::: ..... .....::p.. ". :..::: :..... .....:::.:.. :'. :..:: :. r::'}::':::; ::::'i~W..d::;:) ":::::::':; i':::':::':'.:i'\.;::~{):::. :.':.r::::.:': :'. .:. ':::": .;. :::. ::u:}::.' :'::'::::::./ ;.:':?i'.:i ':.:..){)::: :?':?::::::;:,:. ?:}'.:i"\.:::~:;:):::: :?': . .. . . . .. ...... ... .. . . ...... ... ....... .. . .. . .... . . .... . . ... . .... .... . ... . . ... . . ... .. .. .. ... ... .. . . ... .... ... .. .... . . . . .. . ... . . . . ... . ... .. . . . . . . . . . ..... . ............ . ....... . ..... ... . ..... ... . . . . ... .. . . . ... ... .. ... ..... .... ..... . . . . . ... . . . . . . . . ... .. .... ... ... .. .... ... . .. ... ... ...... .. . . . ..... ..... ... .. .. . . ....... .. ... .. ... . . . .. .. . ... . . . ... . . . ... .. .. ....... . ..... . .. .. .. . ... ...... . ..... .. .... .. .. . .... ... .... .. . ... . .. .... ~ .. ... .. . .. . .. ~ ..... . .. .. . . ... ..... .. ... ..... . . ... . . . ... .. . . ... ... . . . .... . . .... ... . . . . . .. . .. . . .. . .. ...... .. ...... .. ... ..... .. ... .. . .. ...... RS ............ ... ...... .... .... ...... .. . !::.:..:.:/:',':":'::.:'.:.:::;':':':,.:,',:,,:"::':'.:.:/. .....::.:..:......-:.::.::....,?.:. .::...:..::.......:.:::::..::.: -;-':':.::::/.iii:.:}.::::::; :::::.\:~: :::/.\}:.:}.:::jjjA:::':.. ':.-::.':,:...::.:.:.:.:.:'::::.: ,',::::.Oi:i;: :...::.:.:.:.:.:'::::.:'-;"::::::-:::': ~M' ~:;!i:i'!!;i: I':!I i!;ii:!::i:;:;!i!,! '" . . .... .:..' ..: ',:::-.(1):" .:.' :... ........... THI RD:A..:: .:V~:I1/:': ::';:,:<,::,;,::::,:,:,:,:::,:'.:.:i:',::';:.:<.::i::::,:.,:-,:,:::,:'.:.:i: ....:. ..~.:.:..' .::. .:. . ....:. ..~.:.:... .::..:. . ....:. '.~.:.:... .:. ........... ....:....... .............. ....:...... ... ......... ....:. . ... ... ... . ... ... . . '. .......p.... .......... . . . . . . . .. ... . ... . .. . .. . . .. . . o. ... ..... ... ..... . . . . .. . . . . . .. . ... . .. .. . . .... . . .... . . ...... . . ....... .. . . . ..::........:.:.:.:...:: . .:..::.:.....:.:-:.:...:::.: .: . .. . ... . . . . ... . ... .. ... ... .. . ..... . ............ .. . ........ .. . FOURTH AVE. N. 2670 P iB . .. . . . .... . . .... ... . . . ... . ..... . .. . . .. . .. . . .. . .. .. ...... .. ...... .. ... ..... .. ... .. . .. ...... ... . ... ... ... . ... ... . . .. . . .. . . .. . . . . ... . . ..... ..... . ..... .. ..... . ....... .:.:'::::::-\.::'.::::. :'::]l:S:::::-\'::' ::.:.:: ':.'::::: :-.. .:':::::::-::.::': ::.: :':>::: :-...:. ::::-\.: :.:.::':.':::: : :-..-'::.:'::::::.\.::'.::::.:.::':.'::::: :-..-'::.:':::::::::.::'.::::. :.:: ':.'::::: .:.. .:.:.. '..:..: :..: .::..:.:... .. : .:.: .:.:.. ...:..::. .:::.:.:. ::: :.:. :..: ..:.:.: ...:.' ... .::..:. :..::::...:.' .:.:': ...:..: :/.:. :.>~:::. :..:.:..::.:.: ':.:.:: .:.::. :/.:. :..::~:::. ::.:~..: .:::."::: .:.:.:: .::;:. ::(::..:. ::::.:: RS . .. ... . . . .. .... ...... .... ...... ... . ..... . . . ..... ..... ... ... 0..... ....... ..... ..... ... . ........ . ........ . .. ... . . . . . ... . . . ... . . ... ........ ....... . ..... . . ..... . .... .. ... .. . ... ...... .. . ..... .. .... .. .. . .. .. ..... .... ..... ..... .... .... .. ...... ..... .. .. .. .. .. ....~......... ....~........ . ....~......... ... ........... ....~........... ..~........ . . . ... . .. ..... .... ..... .. .. ..... .. .... .. ... ..... .. ... ..... . . ..... . ... .. . . ... .. . .. ... .. . .. ... . . .. ... . . . ... .. . . ... .... ..... .. . .. . . . .... . . .... ... . . . ... . ..... . .. . . .. . .. . . .. . .. .. ...... .. ...... .. ... ..... .. ... .. . .. ...... "- "- iB :......:::: .. . . .. . . . .. . .. ..... . ... .. . . . . ....... . .. ....... . .. .. .... ..... .. . . . . . .. 2350 ... ...... ... ....... .. .. .. . . . .... . . .... . .... ..... . .... .... .... . . . ... . . ... . ... .. .. ... ... .. . ..... . ... .... ... .. .... . . . . . . ....... . . . . ... . ... .. . . . . .. .. . . . . . . . . ....... ..... . ............ . ....... .. ... . ..... ... . ..... ... . . . . . . ... .. . . . ... ... ... ... ... ...... ..... .... ..... . .... . .. .... . .. .... .. .... ... .. .... ... ... .. .... ... . .. ... . .. .. . . ..... . . . ..... ..... ... . . . .. .. .. . . . . . . . .... .. ... .... ........... .... ........... .... ." .... .. ........ ....... . ..... . . ..... . .... ::>::i"i/\i';";:i'-:-.:-::'WA:::1;1;f{:'::>::';::i:{\. ... ...... ... ....... .. .. .. . . .... . . .... . .... ..... . .... .... .... . . . ... . . ... . ... .. .. ... ... .. . ..... . ... .... ... .. .... . . . . . . ....... . . . . ... . ... .. . . . . .. .. . . . . . . . . ...... ..... . ............ . ....... .. ... . ..... ... . ..... ... ....... ...... ... ... .. .. ...... ..... .... ..... . . ... . . . . ... . . . . . . . .. .... ... .. .... ... ... .. .... ... . .. ... ... ...... . ..... . . . ..... ..... ... .... ...... ....... ..... ..... ... .. .. . . . ... . . . ... . . ..... ........ . .. .. .. .' ..' ..... '. .'. ... .. . .. . . ..... . . .... '. .'. ..' .... .. .. ........ ............................ .. . ..... .. .... .. .. "'i':.:-::.:'$.~f;PN.P:':4..vEt#.",:::::.::::.,:.:::.:.:.::'::::,:\:-:::;::'/i'::,:-:':":':::':':'::'::::':::~::::::''i.i:.:-:':":': ::.:. :.::'::::.:\::::;::'ii::.:::':":':::.:.:.::. '. '.': ,...... ::'. :::::;':'.::.':':;" .::.:: '::::::, ...::.::'':''ii.::.<.':=::' ::.:.::':::;:-:::i:.::: -:::'i:i-::.:-:':,':::::.:.:. :,::,:::.:-:::,:::::;::'-':./.::.:. WATER . ... .... . .. . ... ... .... . .... . ... .. . ......... ..... .......... ...... ................. ...... .. ...... ... ........ ..... ....... . ..... .......... ...... . .. .... ... .... ..... ...... ... .... ... .... .. .... ..... . ........ . ........ . ....... . ...... . . ... . . . ... . . . ... . . . .. ... .. ......... ........ ........ ..... . ...... . ...... . . .. . ... ..... .. ... .. . ... . . . ....... .. ....... .. ...... . .. .. . . . . .. . . ... . ....,.......... 52 lil iB ()) ~ ~ iB 2349 . . . . ..... ..... ... . .. ... ... .... . ... . . . ... . . . .. .. .. . ..... . .. .. ... .. . . ..... .. .... .. .. . .... ... .... .. . ... .. .. .... ~ .. ... .. . .. . .. ~ ..... . .. .. . . ... ..... .. ... ..... . . . ... . . . ... .. . . ... ... . . . .... . . .... ... . . . ... . ..... . . . .. . .. . . .. . .. Future Land Use Map Owner Peter & Eileen Krauser, Mark Maconi Homes Case: ANX2006-04014 Site: 2750 Third Avenue North Property Size (Acres ): 9.89 PIN: 32-28-16-14922-049-0030 32-28-16-00000-240-0110 32-28-16-14922-046-0080 32-28-16-14922-046-0040 32-28-16-14922-045-0010 32-28-16-00000-240-0140 32-28-16-00000-240-0150 233A Land Use Zoning From: RS & P (County) R-R (County) To: RS & P(City) LDR & P (City) Atlas Page: , (. ~L~,rr.'Iu. A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:--=c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7666-06 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 2750 Third A venue North, upon annexation into the City of Clearwater, as Low Density Residential (LDR) and Preservation (P). SUMMARY: Review Approval: 1) Clerk ORDINANCE NO. 7666-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED 1600 FEET EAST OF U.S. HWY. 19, NORTH OF SECOND AVENUE NORTH AND SOUTH OF FIFTH AVENUE NORTH, CONSISTING OF LOTS 1-14, BLOCK 45; LOTS 4-11, BLOCK 46; LOTS 3-9, BLOCK 49; PORTIONS OF THIRD AVENUE NORTH, FOURTH AVENUE NORTH AND LAKE SHORE DRIVE RIGHT-OF-WAYS, TOGETHER WITH A PORTION OF METES AND BOUNDS 24/011, 24/012, 24/013, 24/014, AND 24/015, WHOSE POST OFFICE ADDRESS IS 2750 THIRD AVENUE NORTH, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW DENSITY RESIDENTIAL (LDR) AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property See attached legal description (ANX2006-040 14) Zoninq District Low Density Residential (LDR) Preservation (P) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7664-06. 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. 7666-06 , I 0) ~ CID 227 7 202741 C\J !:? !\; 2111 OS/R " '" It) cr; MDR . P ~,. 'N:i" ..... ... ..... ..... .... .. ... :..:.....:.:...;.; T ~ .:.t:..:: "::i.;.::t('::':i~:'::i":::':::\:~:.::i:,::':'~:~:'.'::/i:':i::\::.::::::':~'::\:\:":::::'\:~.:::::::i'~.:~:'.:. i::::::}::':::::':::::~:.:::~::::'::::.:\.~:.:::::).'~.:~::.':::::'i 11 12 ~ ::':.': ..:.:.:6.::::.:....:?V..:. .:-:..... .:.......::::.:1::...:.:..:D'....::::.:.-::.:.:.:..:::: :::.:..::.:.:.:..:.::.......Ji.:.:..:..:.:.:..::::.:....: 13/:,:: ': .::<.:.: ..' .1. .:: :~:: rr:;> .:t:..i:: ..:.' :\;~\:;.:::::i::;:.::.:::i:\;ii;:;.: :::':: :.:::.:i::;;?i::i::i:::.:::.;:iiJj:::;J/i.:P::~7.:::.\:;::.~":' ::::;.:'/:i::;:; .::: ::: ''':.::::::-:'?:~ :..:' :.:.:: . :.:: .C:.. ::::.;::::<::.:' '. (':::": :::':':.:::':. :.:. ::,:.::::.:: i:.'::"\4i:" :.:;:':. :::::. ,:':i:::':: ::'.;..:;':. :;:':.::::: :':'::::'\i: :..;..:;.:.:::.:.:~:.:::::::\::::.\i:.'::.....:i\K.:;:.:.: :::.':.:.::::.:::' :::'.:. ;.:':::::~",:, ':,:.' ~;..:;'::::':.: .:i:. :::::.':':'::::'::'i:.'::..!',:;':,:::':,:,:;:':,:::: :.':':'::::':::i :.'::.....:;.:.:::. ;:, : ,~' '; ; :~ i!~! i!l~ii iiiii! !!!;) ::~I]\i!~\ii :!,i:ii;~l'~!iiii!i:i!i(!;)i~i::i'i:'i)j::i iiig::i'i'ii,m:::'ii)::,\::':i::it';:,:::;:;i:;i: ..:.::.:.-:.:..:....:,::::Ji)::::.::.-: :..:.,..-:,.::......' .::.<.:..:.....:,.::........:...:.::.<.:..:....:,::::.:....;.:::: ::/j//..J:::.:..,<.::.::.....:.:,:::.. ;,:'" .... ";, .... ..... .. ;,:":' THIRD A VE t{:::.':'}~~.~::.,:.:<.::.;.:,::,:':.:..:~.:..:.:::::.:::.,:.:..~:;.:,::.':':'.:::~.:..:.::.::: :.':::':',.:.:,:,:::.:..:.:'::":::'::.:<::':"::':/':"::...::..::..:::.::.<.....'...:::.:.......:....;:::..::.: '.. .::: '.. ::'. .....: .:..:' : ..'.' .:.. ~ 2 19 18 17 16 15 14::}::;::::: :.::!t.:: ):~:..:.!: /~h~:: :r.~::~.:r ::::);:~::'i:::-::;.:::.::r" .)i:::(t\:.:::i.(.:::..:ii~iJ.t::.:::.:: .." :":.":':": ':.. ....... ..',..:.:...:::..... .... ....". >::::; IJ .....:. ..::-:.:..,:...--;-~~:..:.,.....:..:... ..:...:.:......::.....::-:..::.:.':......:. ::-;:... .': ...... ".:: ." ". 6 7 8 9 10 11 12 13 ::::i(/::: ::::.::t:.:::.:i::~..:::.::(f>:.:;::.:~ii )::/:..:(::/::..t:i~;::.:/..f::::.:::.::t::.:.::::.:::.\i.::::.:t::.;.~:~(::.:::.:.:::..-::.:::?:. .....:..... .:: ::.:. .:.. ........ .. ::.... ...........: ..~..::i.. ':'.::.=::. .::,:::-:.;":::..:..::::.... :"::=::-: :':::.:;".:. ....::::-li:..::: ::-"::': :..(;::::::::::\( :'.:'.::':::..:::.':('" ",:'-i:i..:.:'::.:'.::."::'}.': .. :.:....:.:. ..>... '" ..... ....:.:. '''>:'' '" .. ...:....:. ,:-:.,:::,:::.:.::: ,:..: :":-:'.::':':--. .:./. .:::: :::..: i:-':.:.::':',::,,':::. .:.::::: ,:: ~':,:'::-:'.:,:.:,:::::: ':.:::, ,:, ;:',-::,:,:,'-:',,::.:::':.: ::, ,:, ;:''-::':':''-:',:::.::: .:.:::: i1f'.:.::':' '..,::: :' :. .:.:.: ':.::.'. . . ':.:.: .. ...:: ::., .::,::=: ~',:. ..:.__.,::,'::::::::,:=: ~':. ..:.__.,::. ...;:.::::.::$.E;<;(JN.P.:A;.vE~<~,.:'.;:.:::.::::.:.:.-.::::.:,::: :::':'......:.::::.:::..<:.::::.:,::: :::,:,,:'.;:.::::'.-:: "<. '.::::.:'::::. ':':' ,:'.;:.::::'.-::'.<. '::1'. ...... :'" '. . '. . " ". . .... .'. . .. '. '. '.':. ....:. '.': :.-:':'....;:..:::...\k:.::::.:,::::. ':':' ,:'.;:-::::',-::'.<. '.::::.:,::: :.-:':',.....:.:: i' i'~',~~,,' i;li,;~:::'~,!',ii'~i'!:iii,i;!; i:,,!;"iii:'r"!,"':'i!'!'iii'ii,ij'j,i~ii:i,ii;i;'!i!"!:iii,ii!'i:,,!'i'iii;:,ii,',:i"mi!'!:'i/i',;!iii'i:i",[,':'i;:':'1i:,ii .. '.:".:'::':: :.:..:.. ',:",:' ::.:: .;.:..::'....:.. . :::::::; '::":.":':, ": :::::::: ;:::":.":',". :.::: :::::: ;:::":...:.:..2.:9t::::: A".:.id.:', :.: ::::::: :';-"::":.":::..:': ::::::: :';-"::":.":::.. .: ::: ::.=....::::;::::.::::.:::;:::::.:..:....:: ::.=....::>::.:.-::.:.:::;:::: A LA.. ~~'X'" f:.'::::':;:':':":!:":':::::'::::':;:':':'-':::":" , ~ ~ ~ '~~,,,, ~~ ~ ",":" F :,/i,'i'!i,,"/';,ii ~ ~ ~ /~ .. .. 21 20 19 #~ ~~ 6 7 LDj~ FOURTH AVE. N. Zoning Map Owner Peter & Eileen Krauser, Mark Maconi Homes Case ANX2006-04014 Site 2750 Third Avenue North Property Size 9.89 (Acres ): Land Use Zoning 32-28-16-14922-049-0030 32-28-16-00000-240-0110 32-28-16-14922-046-0080 PIN 32-28-16-14922-046-0040 From RS & P (County) R-R (County) 32-28-16-14922-045-0010 32-28-16-00000-240-0140 To RS & P(City) LDR & P (City) 32-28-16-00000-240-0150 Atlas Page 233A , (. ~L~,rr.'Iu. A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:--=c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Accept FY 2005/2006 Fireman's Fund Heritage Grant in the amount of $15,000.00 from the Fireman's Fund Insurance Company, approve Grant Compliance Agreement and authorize the appropriate officials to execute same. (Consent) SUMMARY: Clearwater Fire & Rescue has been notified that it has been awarded a grant in the amount of $15,000.00 by the Fireman's Fund Insurance Company as part of the Fireman's Fund Heritage program. Through this program Fireman's Fund and its network of independent agents provide grants to local fire departments. The request for this grant was made by the local agent for Acordia Insurance Company. There is no requirement for matching funds. The Department will use the grant to equip our emergency response vehicles with the "DriveCam Driver Risk Management Program". This program includes the installation of palm-sized exception based video event recorders on the windshield behind the rearview mirror. These recorders capture sights and sounds both inside and outside the vehicle and will provide a 20 second recording of a triggering event such as: hard braking, swerving, and collisions. The recording is reviewed, analyzed, and scored. The drivers are then coached to provide ongoing feedback to improve driving skills. Review Approval: 1) Clerk . Grant Compliance Agreement FireTn Fund A company of the Allianz Group This agreement is made and entered into by and between Fireman's Fund Insurance Company (Fireman's Fund) of Novato, California, and CLEARWATER FIRE & RESCUE (Department/District) ("the Department") located at 610 Franklin St. Clearwater, Florida 33756 (Address). Whereas, it is intended that the Department will utilize a grant award or donation received from Fireman's Fund@ for the specific purpose outlined in the Department's grant application and/or approved by Fireman's Fund. Fireman's Fund reserves the right to communicate with and visit the Department on an ongoing basis to ensure that the funding is utilized for the express purpose intended. The Department is required to apply a grant or donation from Fireman's Fund within six months of receipt of funds. Additionally, the Department must supply Fireman's Fund with a copy of the paid invoice within 30 days of purchases utilizing funding from a Fireman's Fund HeritageSM grant or donation. Invoice copies should be sent to Fireman's Fund attn: Barbara Morrisey, 777 San Marin Drive C65, Novato, CA 94998. The Department must notify Fireman's Fund within 60 days of receipt of funds if it decides to purchase a different quantity of items than what was awarded by Fireman's Fund, or if it chooses to apply funds differently than originally intended or approved by Fireman's Fund. Unused funds must be returned to Fireman's Fund. If the Department plans to use funds for any purpose other than originally outlined and approved by Fireman's Fund, the Department must first obtain approval from Fireman's Fund. In the event that the grant funding is not utilized for the purpose(s) approved by Fireman's Fund and/or outlined in the original grant application and Fireman's Fund is not notified of any changes to the original request, Fireman's Fund reserves the right to revoke the grant funding or donation, request the return of the full grant/donation amount, and eliminate the Department from consideration for future funding through the Fireman's Fund Heritage program. If the Department is awarded a grant or donation, Fireman's Fund reserves the right to film and/or photograph the award presentation and publicize the request and award in all internal and external marketing and communications activities related to the Fireman's Fund Heritage program. Fireman's Fund invites your department to contact us to discuss any additional marketing or public relations assistance we can provide on your behalf. Finally, as a way to demonstrate the overall impact of this grant program, Fireman's Fund asks that the Department provide documentation demonstrating the effect the funding has had on operations. This can be documented via E-mail, letter, photos, video, or however the department sees fit. We request that this impact be documented and shared with Fireman's Fund within six months of the receipt of the grant or donation. By signing this agreement, Department agrees to carry out the aforementioned activities as planned. Agreed to and Accepted: Department: Clearwater Fire & Rescue By: (X) Date: Print Name and Title: City Manager Dept. Tax/Fed ID #: 62-02-134859-54C Grant Checks Addressed to: Clearwater Fire & Rescue, 610 Franklin 8t. Clearwater, FL 33756 , (. ~L~,rr.'Iu. A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Authorize an amount not to exceed $500,000 to Gallagher Bassett Services, Inc., for workers' compensation claims due and payable for the period October 1, 2006 through September 30,2007. (Consent) SUMMARY: The above amount represents an estimate of claims expenses for the next fiscal year that will become due and payable as a result of workers' compensation claims occurring between 1984 and 1991. The City of Clearwater is self-administered for the majority of its workers' compensation claims, but a handful of claims (16 as of October 1, 2005) are still administered by the City's former third party administrator, Gallagher Bassett Services, Inc. Gallagher Bassett pays these claims directly and the city reimburses Gallagher Bassett. The City's Risk Management Division pays Gallagher Bassett a fee of approximately $5,000 per year for continued third party services on these claims Type: Current Year Budget?: Operating Expenditure No Budget Adjustment: No Budget Adjustment Comments: Included in requested FY06-07 Budget Current Year Cost: Not to Exceed: For Fiscal Year: $500,000 10/01106 to 09/30/07 Annual Operating Cost: Total Cost: $500,000 Appropriation Code 0590-07000-545800-519- 000-0000 Amount $500,000 Appropriation Comment Included in FY06-07 requested budget Review Approval: 1) Clerk , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:..:... .,,~ '1>iji'E~~~~ Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve including a new Capital Improvement Project in the Capital Improvement Program entitled "Countryside Community Park Concession and Restroom Building" in the amount of $450,000 with funding coming from grants and donations. (Consent) SUMMARY: For some time City staff and the Countryside Little League Association have discussed the possibilities of partnering to construct a new concession/storage/restroom facility that would be more centrally located at the Countryside Community Park, within the Athletic Field Complex. The current concession building that services the league is in a less than desirable location, over 20 years old and in need of major renovations, does not have restrooms and is too small to meet the current needs of the organization. The existing restroom building is inconveniently located on the southeastern portion of the park. The Countryside Little League fully supports this project and believes they can raise funds to support partial construction of the facility. Staff believes that this project is an excellent candidate for both a State FRDAP grant as well as a Pinellas County Recreation Enhancement Grant and a Clearwater for Youth grant. Coupled with donations from the Countryside Little League the building could become a reality. The City hired the firm of Fowler and Associates to do some preliminary design work and cost estimates for this project. The project will consist of a two-story building to be constructed in two phases with the first phase consisting of the first floor including restrooms, storage and concession area while the second phase will be the second floor for a conference/training room and press box. Total estimated cost of phase I for the project is $450,000, which includes a 6% contingency. In order for the City to be successful in the grant competition it is necessary that the project be included in the City Capital Improvement Program, therefore, staff is recommending that the project be established and included in the Program. This project will not go forward unless the City is successful at getting the grants and donations indicated above. With the Council's approval of this agenda item, Ordinance 7675-06 adopting the Capital Improvement Program Budget for fiscal year 2006-07 will be amended at second reading on September 21,2006 to include this $450,000 project for the Countryside Coummunity Park Concession and Restroom Building and this project will be detailed in the final adopted 2006-07 budget document. Type: Current Year Budget?: Capital expenditure No Budget Adjustment: Yes Budget Adjustment Comments: add new CIP budget Current Year Cost: Not to Exceed: For Fiscal Year: $450,000 $450,000 2006 to 2007 Annual Operating Cost: Total Cost: $3,600 $453,600 Appropriation Code 315-932xx Amount $375,000 315-932xx $75,000 Appropriation Comment new grants $200,000 FRDAP, $150,000 Pinellas County, $25,000 CFY Donations - Countryside Little League Bid Required?: Other Bid / Contract: No Bid Number: Bid Exceptions: None Review Approval: 1) Clerk , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:..:... .,,~ '1>iji'E~~~~ Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a Contract (Purchase Order) to Southern Equipment & Machinery of Palmetto, FL for the purchase of one 2006 John Deere 7220 Tractor with Alamo Boom Mower at a cost of $99,950.00, authorize lease purchase under City's master lease purchase agreement, declare G1889, 1998 New Holland Tractor with Slope Mower, as surplus to the needs of the City for trade-in and authorize the appropriate oficials to execute same. SUMMARY: G1889 has severe transmission problems. Estimated repair costs are between $10,000 to $15,000 due to unknowns prior to dismantling. G 1889 is included in the Garage CIP Replacement List for Budget Year 06/07. Piggback Florida State Contract # 7-765- 900-P, Commodity Code # 765-650-200 for $110,750.00. G 1889 Trade-in Value of $10,800.00 Net Award Amount of $99,950.00 Type: Current Year Budget?: Capital expenditure No Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $99,950.00 Annual Operating Cost: Total Cost: $99,950.00 to Appropriation Code Amount 316-94234-564100-519-000- $99,950.00 0000 Appropriation Comment Garage LIP CIP Bid Required?: No Florida State Contract #7 - 765-900-P Bid Number: Other Bid / Contract: Bid Exceptions: Other Government Bid Review Approval: 1) Clerk -----Original Message----- From: Carnley, Rick Sent: Thursday, September 07, 2006 8:09 AM To: Downes, Tom Subject: PN: Slope Mower Pictures The attached photo is supplied per a request from Councilman Jonson at the Council Meeting last n ig ht. Information for Councilman Hamilton: We have conducted exhaustive research today into the possibility of disassembling the tractor to get a better estimate for the repair of the transmission. The Dealer will not be able to perform this work for at least two weeks and expects one week to complete the inspection. Personnel at Fleet could perform the disassembly starting next week. The Dealer has advised us that the estimates were provided with a large range of costs due to numerous factors surrounding the failure. They advised that the costs could climb if gear and shaft damage has occurred. The reason that the disassembly would take some time is the cab must be removed first, then the electrical wires and air conditioning lines must be disconnected, all hydraulic lines and control cables must be removed. The mower assembly, hydraulic tank and counterweights must be lifted off. At this point, the disassembly of the tractor can begin. The mower attachment unit has failed on numerous occasions. The large boom that connects the mower head to the tractor has broken twice and we replaced the boom approximately one year ago with a used one from another tractor going to auction. The approximate cost of a new mower assembly is $50,000. The manufacturer will not allow anyone to install a new one so the tractor would go to the Texas plant to get a new unit. We would be required to transport the tractor to Texas and back with our truck. We examined the maintenance costs associated with this unit since 1999 and the total cost is $81,134.55. This unit has a history of expensive repairs and failures of the mower assembly as well as the tractor. We placed this unit on the 06/07 replacement list due to the history of failures and the rising cost of repairs. ~ :;1889 New Holland Mower.jpg Asst. Director General Services 727 -562-4891 727-562-4895 FAX 727 -224-7072 CELL , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:..:... .,,~ '1>iji'E~~~~ Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Ratify and confirm Change Order 3 to TLC Diversified, Inc. of Palmetto, Florida for the "Northeast APCF Filter Rehabilitation & Marshall St. APCF Blower Replacement Project" (03-0066-UT) which increases the contract amount by $569,146.73 for a new contract total of $3,294,067.73 and approve a time extension of 285 days and authorize the appropriate officials to execute same. (Consent) SUMMARY: This contract was previously approved by the City Council on November 18, 2004, in the amount of $2,395,705.00. Notice to proceed was April 14, 2005. The project was to be completed in 240 calendar days with a December 9,2005 completion date. On August 15, 2005, the City Council approved Change Order 1 to increase the contract by $329,216.00 for the complete replacement of under drains and cores versus partial replacement proposed in the plans. This change order included a 45-day extension, bringing the project completion date to January 23, 2006. The new total of the contract was $2,724,921.00. Administrative Change Order 2 was approved by the City Manager on May 1, 2006, reducing the cost of complete replacement of under drains and cores and increasing contingency for Marshall Street Blower for a net change of zero to the contract. Change Order 3 is necessary to cover costs for the demolition of the existing blower and generator and to provide the site and electrical work to support the installation of a 1750-kilowatt (kw) generator by CAT/Ringpower at the Marshall Street APCF. This change order includes a 285-day extension, bringing the completion date to November 4, 2006. During the planned upgrades to the motor control center at the Marshall Street Plant, it was discovered that the City's existing 600 kw generator, even after maintenance and upgrades, is not adequate to provide the necessary power for blower start up to the facility, as well as back up power to the facility. The new generator will in essence, replace three generators by providing power not only to the blower, but also to the motor control building and to the adjoining filter complex. These supplementary power connections encompass running over 600 feet of conduit and wire via directional drill and over 200 feet via open cut. The directional drill method for the longer run will save the City over $45K. The 285-day time extension covers design, permitting, and material procurement for the generator project. The extension also includes time needed to investigate and make repairs to the filter complex building that were more extensive than originally proposed in the initial scope of work. By utilizing the on site contractor to perform this work the City saves time and money in mobilization costs including shortening the submittal process. The contractor has committed to holding their price, which is especially vital on escalating copper wire costs, which accounts for a third of the total project budget. The same contractor will be tying in the new electrical work to the electrical plan they installed under the original Blower/MCC project. This will save time and reduce potential for problems. The City is currently paying $3200/month for generator rental to provide the required backup power to the plant. To expedite the project and reduce rental costs, the City has released the contractor to perform the demolition work and procure materials. The 1750-kw generator has been purchased by Fleet Maintenance and was approved by the City Council on April 6, 2006. TLC has provided an estimate of $686,366.50 for the necessary site and electrical work to support the installation of the new generator at the Marshall Street APCF. There is an additional cost of $58,485 for the demolition of the old generator for a total increase in costs of $744,851.50 to the existing contract. However, there are savings for unused contingency and miscellaneous items that will reduce the contract by $175,704.77 for a net increase to the contract of $569,146.73. The new contract total will be $3,294,067.73 with the approval of Change Order 3. To fund the increase to the contract a third quarter budget amendment will transfer the $175,704.77 savings (as stated above) in the contract from Capital Improvement Program (CIP) project, 0315-96613, Northeast Filter & Marshall Street Blower/MCC Rehab to 0315-96619, WWTP Generator Replacements. Further third quarter amendments will appropriate $445,752.86 of retained earnings from the Water and Sewer Fund to Capital Project 0315-96619, WWTP Generator Replacements, as a result of the restructuring of the 2006 Water and Sewer Bond Proceeds. An additional third quarter amendment will transfer $123,393.87 from the 2002 Revenue Bond Construction Fund fund balance of current year interest earnings to 0343-96619, WWTP Generator Replacement. A copy of the change order is available for review in the Official Records and Legislative Services Office. Type: Current Year Budget?: Capital expenditure None Budget Adjustment: Yes Budget Adjustment Comments: See summary section. Current Year Cost: Annual Operating Cost: Not to Exceed: For Fiscal Year: Total Cost: to Appropriation Code 0343-96619-563800-535-000- 0000 0315-96619563800-535-000- 0000 Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk Amount $123,393.87 Appropriation Comment $445,752.86 No Change Order Bid Number: Bid Exceptions: Other CHANGE ORDER #3 DATE: August 18, 2006 PROJECT: Northeast APCF Filter Rehabilitation & Marshall PROJECT NUMBER: St. APCF Blower Replacement Project 03-0066-UT PO REFERENCE NO.: ST 100434 CONTRACTOR: TIC Diversified, Inc. 2719 -17th Street East Palmetto, FL 34221 DATE OF CONTRACT: 12/21/2004 CODE: 0343-96613-563800-535-000-0000 (A) 0315-96613-563800-533-000-0000 (B) 0343-96619-563800-535-000-0000 (C) 0378-96619-563800-535-000-0000 (D) 0315-96619-563800-535-000-0000 (E) SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: TIC Diversified, Inc. ORIGINAL CONTRACT AMOUNT CHANGE ORDER #1 ADM. CHANGE ORDER #2 CHANGE ORDER #3 NffiN CONTRACT AMOUNT $2,395,705.00 $ 329,216.00 $0.00 $3,294,067.73 BY: Thurston Lamberson, President (SEAL) Frank Hibbard, Mayor Date: Witnesses: Carlos F. Colon, Assistant City Attorney ATTEST: Cynthia E. Goudeau, City Clerk Reconunended By: City of Clearwater Date: CITY OF CLEARWATER, in PINELLAS COUNTY, FLORIDA Gary A. Johnson, CGC Public Services Director William B. Horne, II City Manager Michael D. Quillen, P.E. City Engineer Page 2 of 2 Change Order #3 Northeast APCF Filter Rehabilitation & Marshall St. APCF Blower MCC Replacement (03-0066-UT) ITEM DESCRIPTION QUANTITY UNIT UNIT COST TOTAL Code "B" 0315-96613-563800-535-000-0000 Decreases - NE Plant 12 15 3/8" 0.0. Tubing Contingency Code "B" 0315-96613-563800-535-000-0000 Decreases - Marshall Plant 25 Contingency - Marshall MCC 28 Exterior Excavation Code "C" 0343-96619-563800-535-000-0000 Additional Item - Marshall Plant 35 Generator Installation Code "E" 0315-96619-563800-535-000-0000 Additional Item - Marshall Plant 34 Generator & Blower Demo 35 Generator Installation 1000 1 LF $ 4.00 L5 $ 300.00 Subtotal Decrease to Code B 1 L5 $ 169,934.77 7 CY $ 210.00 Subtotal Decrease to Code B Net Total Decrease to Code B 1 L5 $123,393.87 Total Additional Items to Code C 1 L5 $ 58,485.00 1 L5 $ 562,972.63 Total Additional Items to Code E Net Total (Decreases)jIncreases/Additional Items for Contract $123,393.87 $123,393.87 $58,485.00 $562,972.63 $621,457.63 $569,146.73 , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:..:... .,,~ '1>iji'E~~~~ Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a supplemental Work Order with Parsons Engineering Science, Inc. for construction engineering and inspection services associated with the Biosolids Treatment Implementation project in the amount of $55,000.00, for a new purchase order total of $532,552.00, and the appropriate officials be authorized to execute same. (Consent) SUMMARY: This Biosolids Treatment Implementation project provides for the refurbishment of one pre-cleaned digester, construction of supporting improvements, and provision and installation of associated new and replacement equipment and piping, at each of the Marshall Street and Northeast Advanced Wastewater Treatment Plants (AWTPs), following completion of the Digester Cleaning phase of the project. On December 2, 2004, the Council approved the base purchase order to Parsons in the amount of $477,552.00 to perform construction engineering and inspection services overseeing the construction activities associated with refurbishment of the digesters at the Marshall Street and Northeast Advanced Pollution Control Facilities (APCF's). As the construction activities were completed, and the digesters were tested for service, it became evident that additional repairs would be necessary to the digester covers. It was not feasible to determine the extent of these deficiencies prior to construction and the additional repairs require a time extension of approximately 120 days. The supplemental work order extends the amount of time that Parsons will continue to inspect and perform field engineering services by the additional 120 days. There are sufficient budget and revenue in the amount of $6,005,18 in the Water & Sewer 2002 Revenue Bond Construction Fund project, 343-96611, Bio-Solids Treatment, and in the amount of $49,994,82 in the 2006 Water and Sewer Revenue Bond Construction Fund project 378-96611, Bio-Solids Treatment, to provide the funding for this Work Order. A copy of the work order is available for review in the Official Records and Legislative Services office. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0343-96611-561300-535-000- 0000 0378-96611-561300-535-000- 0000 Review Approval: 1) Clerk Capital expenditure Yes Budget Adjustment: None Annual Operating Cost: Total Cost: 55,000.00 to Amount $6,005.18 Appropriation Comment see summary section $48,994.82 see summary section DRAFT 7/6/06 CITY OF CLEARWATER PUBLIC WORKS ADMINISTRATION SUPPLEMENTAL WORK ORDER INITIATION FORM Parsons Water & Infrastructure Inc. Date: July 6, 2006 City Project Number: 03-0022-UT 1. PROJECT TITLE: Biosolids Treatment Implementation-Digester Refurbishment, Construction Engineering and Inspection 2. SCOPE OF SERVICES: See Attachment A. 3. PROJECT GOALS: The intent of the supplemental work order will be for Parsons Water & Infrastructure Inc. to continue as the duly appointed representative of the City, in accordance with the responsibilities and limitations defined in Article 9 of the construction contract General Conditions and the scope of work attached herewith, to provide construction engineering and inspection services for the completion of the facilities as defined in the final design and bidding documents of October 2004 for the subject project. The work remaining is primarily involved with more extensive repairs to the existing digester cover at Marshall St. than could be anticipated from prior visual inspection and could only be found during preliminary testing with air and water after repairs of the items found in the visual inspection. Due to safety concerns for the City forces and the surrounding general public, the City determined that the more extensive repairs are necessary. 4. BUDGET (ENGINEER'S COMPENSATION): The budget for this supplement is $55,000.00. This price includes all labor and expenses anticipated to be incurred by Parsons for the completion of this task, on a time and expense basis, based upon the billing rates developed for the current contract with the city of Clearwater. A breakdown of the estimated cost of the scope of services is provided in Attachment B. Should the City require services in excess of the budget, Parsons shall provide sufficient notice and justification such that additional funding can be authorized prior to exceeding the established budget. 5. SCHEDULE: The project is to be completed within 120 calendar days from issuance of notice-to- proceed, or may be modified by Contract Documents or Change Orders. The project deliverables are to be provided in accordance with procedures to be established with the selected construction contractor and in accordance with the Contract Documents. 6. STAFF ASSIGNMENT: Project Manager 1 U :\Muni Attachments for Work in Progress\Agenda\sep5\DigesterW orkOrdersupplement82306.doc Steven Schaefer, P.E. DRAFT 7/6/06 Orlando Serrano Resident Project Representative 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER's project correspondence shall be directed to Steven Schaefer, P.E. All City project correspondence shall be directed to the City Engineer's designee, with copies to others as may be appropriate. 8. INVOICING/FUNDING PROCEDURES: Invoices shall be submitted monthly to the City of Clearwater, Attn: Marty Pages, 100 S. Myrtle Ave., #220, Clearwater, Florida 33756-5520 or P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed. Invoices will be prepared monthly based on actual time and direct costs expended. Invoicing method is cost times 3.10 multiplier for labor, and in accordance with a progress report to be provided with each invoice. Contingency services will be billed as incurred only after written authorization is provided by the City to proceed with such services. City Invoicing Code: 0343-96611-561300-535-000-0000 $6,005.18 0378-96611-561300-535-000-0000 $48,994.82 9. ENGINEER CERTIFICATION: Parsons will certifY as a licensed Professional Engineer, registered in accordance with Florida Statute 471 (481), that the above project's construction meets or exceeds Contract Document Requirements or modifications thereto, insofar as the Contractor adheres to said documents, and likewise for applicable criteria specified by City municipal ordinance, State, and Federal established standards. We understand that it is our responsibility as the project's Professional Engineer to perform observations of the construction to the extent needed to provide the certifications of completion. This certification shall apply equally to any further revision and/or submittal of plans, computations, or other project documents, which we may subsequently tender. 10. SPECIAL CONSIDERATIONS: Not applicable APPROVED BY: APPROVED BY: Parsons Water & Infrastructure Inc. Walid Hatoum, P.E. Vice President Michael D. Quillen, P.E. City Engineer City of Clearwater Date Date 2 U :\Muni Attachments for Work in Progress\Agenda\sep5\DigesterW orkOrdersupplement82306.doc DRAFT 7/6/06 PARSONS WATER AND INFRASTRUCTURE INC. ATTACHMENT A- SCOPE OF SERVICES Date: 7/6/06 City Project No: 03-0022-UT 1. Proiect Title: Biosolids Treatment Project Implementation-Digester Refurbishment Construction Engineering and Inspection Services 2. Scope of Work: SUMMARY The City of Clearwater Northeast and Marshall St. Advanced Pollution Control Facilities have been modified to implement the selected alternative from the Bio- solids Treatment Project Implementation Preliminary Design Report of December 12, 2003, as defined further in final design and bidding documents of October 2004. Parsons Water and Infrastructure Inc. (ENGINEER) shall continue to serve as the City's duly appointed representative with responsibilities and limitations in accordance with the General Conditions Article 9 of the construction contract documents. The following scope of supplemental construction engineering and inspection (CEI) services shall be provided by the ENGINEER: 1. Administration of the Construction Contract 2. Resident Engineering and Inspection 3. Engineering During Construction 4. Contract Closeout 5. Allowances for work not definable prior to construction and/or testing SCOPE OF SERVICES Task 1 - Administration of Construction Contract Continue to implement project construction management procedures between CITY, ENGINEER, and Contractor 1.1 Project Meetings The ENGINEER shall prepare for, schedule and chair up to a total of 9 biweekly project meetings as needed with the Contractor, CITY, and CITY's System Integrator (Me) and others selected by the CITY, and distribute minutes. These meetings shall be conducted for the purposes of review of the schedule, action items, status of changes, submittals, problem issues, safety, and requests for information (RFI's). 3 U :\Muni Attachments for Work in Progress\Agenda\sep5\DigesterW orkOrdersupplement82306.doc DRAFT 7/6/06 Performance Review The ENGINEER shall provide monthly periodic performance review and appraisals. General Administration The ENGINEER shall review construction items as needed, such as RFI'S, correspondence, and submittals. The ENGINEER shall maintain project files, records, correspondence, and photo library of progress. The ENGINEER shall facilitate rapid access to records, and illustrate sequence of construction; require and review quality control and testing procedures. Schedule of Payments & Change Orders The ENGINEER shall review and process progress payments, and verifY completion of work as claimed by the Contractor; The ENGINEER shall continue to implement a change order control system. The ENGINEER will advise the CITY in negotiation of change orders; The ENGINEER shall establish the process for early notification of possible changes; Review the need for change with the CITY and Contractor; Expedite decisions on changes to maintain project schedule; If necessary, assist the CITY in monitoring changes in the work that are authorized on a time and material basis. Monitor the change order work and sign off on labor and equipment associated with the change. Progress Reports Prepare and distribute monthly progress reports, including construction status, performance assessment, schedule status, and problem area identification; ENGINEER shall also submit copies of the daily site visit reports on a weekly basis. Task 2 - Resident Em?:ineerin2: & Inspection The Resident Project Representative (RPR) will represent the ENGINEER in administering the construction contract, and observe and report on the quality, safety and progress of the construction activities. The duties, responsibilities and limitations of authority of the ENGINEER are defined in the scope of work and in the General Conditions of the construction contract. The RPR is not authorized to direct or interfere with the contractor's personnel, suppliers or subcontractors. Policies and procedures shall be established so that the RPR can occupy the project and have unrestricted access during construction. 4 U :\Muni Attachments for Work in Progress\Agenda\sep5\DigesterW orkOrdersupplement82306.doc DRAFT 7/6/06 The RPR shall perform daily inspections of the Contractor's work. The RPR shall monitor the contractor's on-site construction operations and inspect all materials entering into the work as required. The RPR shall assure that the quality of workmanship and materials is such that the project will be completed in reasonable conformity with the plans, specifications, and other contract provisions. The RPR shall identifY construction deficiencies and non-compliances, and require non-compliance responses and remedial action from Contractor. The RPR shall keep accurate records of the contractor's operations and significant events that affect the work at the time of the inspections. The RPR shall prepare daily inspection reports and provide copies to the City The RPR shall monitor compliance with environmental regulations and permits during construction, such as site drainage containment, dust control, noise control, etc., and monitor construction safety program of Contractor for compliance with OSHA and Florida regulations. The RPR shall verifY that the sampling and testing of component materials and completed work items is carried out in general conformance with the project specifications and shall oversee and coordinate construction testing. Testing responsibilities will be as defined in the construction contract documents. The RPR shall review test reports and verifY that follow- up testing is performed in the event of failing tests. The RPR will be required to: . Review work accomplished, disapprove defective work, and verifY that tests and start-up procedures as required by the contract documents are followed. Accompany the client's personnel and inspectors, or representatives of agencies having jurisdictional interest, during pre-arranged site visits. . Receive and respond to Requests for Information (RFI) provided by the contractor. . Maintain orderly files of project-related matters on site. Keep a diary or log book. In accordance with the General Conditions of the construction contract, Article 9, the ENGINEER has no authority to: . Authorize any deviations from the contract documents or substitutions of materials and equipment, except as specifically authorized by the City. . Instruct or direct the contractor in his construction activities outside the bounds of the Construction Contract Documents. ENGINEER shall report observations of means and methods of construction to the CITY as appropriate. . Exceed the limitations of the RPR's authority outlined in the Contract Documents or the Service Agreement. . Assume any of the responsibilities of the contractor, subcontractors, or their superintendents. . Advise on or issue instructions concerning the contractor's techniques, sequences, or other procedures of construction unless specifically required by the contract documents. . Authorize the CITY to occupy the project in whole or in part, except as specified in 5 U :\Muni Attachments for Work in Progress\Agenda\sep5\DigesterW orkOrdersupplement82306.doc DRAFT 7/6/06 the construction contract. . Participate in specialized field or laboratory tests or inspections conducted by others, unless specifically authorized by the client. . Advise on, issue direction regarding or assume control over safety precautions and programs in connection with the work. ENGINEER shall, however, inform the contractor and CITY of safety concerns or violations observed. . Accept shop drawing or sample submittals from anyone other than the Contractor. Task 3 - Emdneerim! Durin!! Construction 3.1 RFl's The ENGINEER shall provide design revision review and control. As required, maintain a record offield deviations and review changes to maintain objectives of the project. Maintain separate electronic logs of RFI's and indicate all relevant information such as receipt and return dates, review action, who reviewed, copies distributed, etc. Track all RFI's through the review and response process. Electronic submittal logs will be maintained providing the relevant document tracking parameters. Perform rapid, timely review and response in accordance with the approved project schedule, schedule updates, and Contract Documents; Task 4-Contract Closeout 4.1 Closeout Management The ENGINEER shall: . Plan for and create contractual conditions for acceptance of the Work in the Contract. . Monitor startup activities as required by the Contract Documents in Section 01650, which describes the Contractor's responsibilities for startup, and Sections 13322 and 13323, which describe the responsibilities of the Contractor and the CITY's system integrator (MC) with respect to the SCADA system on-site, and the sequence of operations to assure proper operation of the SCADA system with respect to the new equipment. . Require Contractor to submit warranties and O&M Manuals for all furnished equipment and materials. Assist in project acceptance. Receive warranties, guarantees, and O&M Manuals from Contractor. . IdentifY milestones for final acceptance. . Ensure that project closeout deliverables include, as a minimum, the following: o Bound copies of warranties & guarantees; o Compliance certifications and O&M manuals from equipment 6 U :\Muni Attachments for Work in Progress\Agenda\sep5\DigesterW orkOrdersupplement82306.doc DRAFT 7/6/06 manufacturers; o Per permit conditions, provide certifications of completion, and clearances from regulatory agencies; o Record Drawings, per Contract Specifications, with electronic copies on CD- ROM; o Contractor's Warranty. 4.2 Final Walk Through/Punch List ENGINEER shall participate in final walk-through, prepare punch lists for recommendation of final acceptance and follow up with the contractor to verifY satisfactory completion of punch list items. 4.3 Certification of Completion/Record Drawings. ENGINEER shall prepare record drawings using record information furnished by the contractor and provide to the CITY two certified prints, one reproducible set and one CD- ROM computer disk copy of the record drawings. These drawing will be submitted to the CITY as part of the final certification and will be certified by the Engineer of Record. Task 5.0 -Allowances In the event that additional professional services not anticipated or included in the above tasks become necessary for the satisfactory completion of the project, ENGINEER may provide the CITY with a scope of work and fee estimate for these additional services. ENGINEER will provide the additional services for the additional fee mutually agreed upon by ENGINEER and CITY, and upon written authorization from the CITY. If upon prior written approval by the CITY, ENGINEER's actual cost incurred should exceed the budgeted amounts listed below, ENGINEER shall be entitled to additional fees equal to the difference between the actual incurred cost and the budgeted amount. The total fee for all authorizations under this task is included in the total BASIC FEE and shall not exceed ten percent (10%) of the Project Budget. A. BUDGET (ENGINEER'S COMPENSATION) The ENGINEER shall submit, with each monthly progress report, an invoice for the work completed. The invoiced fee earned will be expressed as Cost times Multiplier Basis for all labor hours (Multiplier of3.10). Sub-consultant costs are actual costs incurred. Other Direct Costs (ODCs) are actual costs incurred for travel to the construction site, printing, copying, phones calls, etc. ODC expenses are compensated at cost at a multiplier of 1.00. The TOTAL FEE for this supplement for this project shall not exceed $55,000.00, without further authorization by the CITY. The bases for the costs developed are: . A construction period of up to 18 weeks, starting October 10, 2006 . Resident Project Representative time averages 20 hours per week, or 360 manhours at an average billing rate of$11O/mh=$40,000 . ClericaVadministrative/CADD support averages 6 hours per week, or 108 manhours 7 U :\Muni Attachments for Work in Progress\Agenda\sep5\DigesterW orkOrdersupplement82306.doc DRAFT 7/6/06 at average billing rate of $55/mh=$6,000 . Project Manager and/or Senior Engineer consulting shall be limited to approximately 3 to 4 hours per week, 60 hours, average rate $150/mh=$9,000 8 U :\Muni Attachments for Work in Progress\Agenda\sep5\DigesterW orkOrdersupplement82306.doc , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:..:... .,,~ '1>iji'E~~~~ Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a work order with Parsons Engineering Science, Inc. of Tampa, an Engineer of Record, for Management Services which includes; Planting Contract Management, Water Quality Monitoring, and Educational Signage for the Kapok Wetland and Floodplain Restoration Project, in the amount of $115,842.00,and the appropriate officials be authorized to execute same. (Consent) SUMMARY: The Kapok Wetland and Floodplain Restoration project is now in the Operation phase and several of the permitted requirements still need to be satisfied. -The Southwest Florida Water Management District Environmental Resource Permit 44026516 requires that mitigation areas be maintained and monitored for five years until released by the District. .Florida Department of Environmental Protection (FDEP) Agreement G0087 A requires a detailed performance evaluation of the project's effectiveness through the initiation of a Water Quality Monitoring program. As approved by the Council on September 2, 2004 (item 11.11), this agreement provides for $50,000.00 of FDEP funding for water quality monitoring. . The funding agreement from Florida Communities Trust (Project 01-015- FF1) requires that educational signage be placed on the site. .Parsons Engineering was responsible for the design, permitting and construction of the Kapok Wetland and Floodplain Restoration Project. This work order will allow Parsons Engineering to provide a seamless transition from the construction phase to the operations and maintenance phase over the next twenty two months (August 2006 through June 2008). .Budget for $50,000.00 of FDEP grant funding is available in the Capital Improvement Program project 315- 96141, Kapok Flood Resolution, with budget and revenue of $65,842.00 available in the 2002 Stormwater Revenue Bond Construction Fund project, 0377-96141, Kapok Flood Resolution to fund the balance of the work order. .A copy of the work order is available for review at the Official Records and Legislative Services office. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0315-96141-561200-539-000- 0000 0377-96141-561200-539-000- 0000 Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk Capital expenditure None Budget Adjustment: None Annual Operating Cost: Total Cost: 115,842.00 to Amount $50,000.00 Appropriation Comment $65,842.00 No Bid Number: Bid Exceptions: Other -= PARSONS WATER & INFRASTRUCTURE PUBLIC WORKS ADMINISTRATION WORK ORDER INITIATION FORM Date: August 3, 2006 City Project No: Parsons Project No: 1. PROJECT TITLE Kapok Wetland and Floodplain Restoration Project, Management Services 2. SCOPE OF WORK The Kapok Wetland and Floodplain Restoration project involved an extensive planting plan that included both upland and wetland areas. The SWFWMD Environmental Resource Permit Number 44026516 required that the mitigation area be maintained and monitored until it is deemed successful. Aquatic Plants of Florida performed the plant installation and has a contract to perform monitoring and maintenance for a five year period which commenced January 18, 2006. In addition, a condition of the FDEP Agreement No. G0087 A required that a detailed performance evaluation of the project's effectiveness in reducing nonpoint source loadings be conducted through the initiation of a water quality monitoring program. Finally the Management Plan (June 2002) prepared in compliance with the funding agreement from Florida Communities Trust (Project Number 0l-0l5-FFl) required that educational signage be placed at the project site upon completion. The intent of this project scope is to provide for contract management of the maintenance and monitoring of the planted areas being performed by Aquatic Plants of Florida; to perform the water quality monitoring to ensure compliance with the SWFWMD permit and DEP grant funding agreements respectively; and to design the educational signage to be placed at the site. This scope of services to be provided by PARSONS WATER & INFRASTRUCTURE hereinafter called the ENGINEER is described below for a twenty two month period commencing in August 2006 through June 2008: Task 1 - Management of Maintenance and Monitoring Planting Contract The monitoring and maintenance contract with Aquatic Plants is for a five (5) year period commencing on January 18, 2006. This scope of work covers the period commencing August 2006 through December 2007 for a seventeen month period and will consist of the following activities: Page 1 of 5 . Monthly site visits to review maintenance activities and site conditions. . Monthly memo (electronic) to Aquatic Plants of Florida outlining concerns and recommendations and follow up of previous recommendations. . Monthly memo (electronic) describing site status, problems and recommendations for resolution. . Review Monitoring and Maintenance Reports . Review invoices and make recommendations for payment. Task 2 - Water Quality Monitoring Initial activities will include the development of a draft Quality Assurance Project Plan (QAPP) in accordance with the FDEP grant agreement, preparation of a final QAPP upon receipt of FDEP prior to initiating sampling. A Quality Assurance/ Quality Control Audit will be take place during the first two months of sampling to ensure that Standard Operating Procedures are being implemented. Baseflow grab samples using sampling methodology from FDEP Standard Operating Procedures will be collected at two locations, immediately upstream of the westernmost control strncture discharging into the Kapok site and downstream of the control strncture on the east side of the property. These samples will be collected monthly commencing January of 2007 for a period of twelve months through December 2007. Samples will be analyzed by an approved laboratory for the following parameters: . Biological Oxygen Demand (BODs) SM52l0B . Ammonia Nitrogen EPA 350.1 . Nitrite Nitrogen EPA 300.0 . Nitrate Nitrogen EPA 300.0 . Total Kjeldahl Nitrogen EPA 351.2 . Total Nitrogen Calculation . Orthophosphate EP A 300.0 . Total Phosphorns EPA 365.2 . Total Organic Carbon EPA 415.1 . Oil & Grease EPA 1664 . Total Suspended Solids EPA 160.2 . Turbidity Performed in field using DEP FT1600 . Hardness EPA 200.7/SM2340B . Chlorophyll-a SMl0200H . Arsenic EPA 206.2 . Cadmium EPA 200.7 . Chromium EPA 200.7 . Copper EPA 220.2 . Lead EPA 239.2 . Mercury EPA 245.1 . Zinc EPA 200.7 Page 2 of S Upon completion of sampling a draft Monitoring Report will be prepare for FDEP review and comment followed by a Final Monitoring Report. Task 3 - Design of Educational Signage Layout and design of educational signage will be developed to identify the plants and wildlife and to explain the importance of wetlands, floodplains, the hydrological cycle, and other features of the project as follows: Sign Size Sign Theme Number (inches) 1 36 X60 Map and History of Park (to install at the parking lot in the NE comer) 2 36 X60 Stormwater Treatment and Storage 3 36 X60 Wetland Habitat Restoration and Creation 4 36 X60 Conservation and Pollution Tips for Public 5 36 X60 Invasive Exotic Species 6 24 X 30 Wading Birds 7 24 X 30 Wading Birds 8 24 X 30 Insects (Dragonflies, butterflies, etc.) 9 24 X 30 Reptiles and Amphibians 10 24 X 30 Reptiles and Amphibians 11 24 X 30 Aquatic Plants 12 24 X 30 Aquatic Plants Draft signage will be prepared for review and approval by the City. Final design will include the development of up to three but no less than two different options for fabrication of the signs. Procurement of the signs will be incorporated into a separate work order, following CITY selection of final layout and materials. 3. PROJECT COORDINATION Project Manager Coordination The ENGINEER shall coordinate the progress of the project with the City Project Manager and other interested parties, such as the CITY Parks and Recreation Department and the Public Works Public Services Division. The work effort for this task is estimated to be 2 days/month throughout the duration of the project based on a schedule of 17 months. SubconsuUant Administration, Coordination, and Review The cost of subconsultant services is provided in Attachment A. For budgeting purposes, estimates of the subconsultant fees have been included in Attachment A. Page 3 of 5 4. CITY RESPONSIBILITIES The CITY will: . Provide rain gauge information for the remote site located in Cliff Stephen's Park for the period commencing December 1, 2006 through December 31, 2007. . Provide copies of all plats, aerial photographs, record drawings, and other available information and data pertinent to the project within the CITY's files. . Provide copies of any CITY standard drawings applicable to the project. 5. BUDGET (ENGINEER'S COMPENSATION) The ENGINEER shall submit, with each monthly site report, an invoice for the work completed. The invoiced fee earned will be expressed on basis of time material and expense. Fees for outside professional services shall be invoiced to the CITY at ENGINEER's actual cost. The CITY shall make monthly payments in terms of the invoice presented. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to the ENGINEER for correction. The BASIC FEE for this project, including outside professional services, other direct costs, and task allowances, shall not exceed one hundred and fifteen, eight hundred forty two dollars ($115,842). The Task and Subtask breakdown of the BASIC FEE is presented in Attachment A, Project Budget. Expense Code: 6. SCHEDULE AND DELIVERABLES Services described herein will commence upon receipt by the ENGINEER of this executed Work Order. The services will be completed and delivered according to the following schedule unless it is modified by mutual agreement: Task 1 Management of Maintenance and Monitoring Scheduled Date Planting Contract Monthly Memorandum of Site Status August 2006 - December 2007 Task 2 Water Quality Monitoring Develop Draft Quality Assurance Project Plan (QAPP) and August 30, 2006 submit to FDEP for Approval Collect Water Quality Samples January - December, 2007 Draft Monitoring Report March 1, 2008 FDEP review of Draft Monitoring Report April 1, 2008 Final Monitoring Report June 1,2008 Task 3 Design of Educational Signage Draft Design of Educational Signage December 1, 2006 Final Design of Educational Signage and Options for January 1, 2007 Fabrication. Page 4 of 5 7. PARSONS STAFF ASSIGNMENTS Terry Finch Kathy Kuhlman Essex James Project Manager Environmental Scientist Senior Graphic Designer 8. CORRESPONDENCE All Parsons correspondence will be directed to Terry Finch All City of Clearwater correspondence will be directed to Heather Faessler 9. INVOICEIFUNDING PROCEDURES Invoices will be submitted monthly and will be based on time and materials as presented in Attachment A. Invoices will be transmitted to Marty Pages, 100 S. Myrtle Ave., #220, Clearwater, FL, 33756-5520, or P.O. Box 4748, Clearwater, FL, 33758-4748. City invoicing code # 9. SPECIAL CONSIDERATIONS (Not applicable) PREPARED BY: Parsons Water & Infrastructure, Inc. Walid Hatoum, Senior Vice President Date APPROVED BY: City of Clearwater Michael D. Quillen, City Engineer City of Clearwater Date Page 5 of 5 , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:..:... .,,~ '1>iji'E~~~~ Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Accept a perpetual Reclaimed Water Main and Utility Easement containing 6,066.63 square feet, more or less, and a 120 day temporary construction easement, over, across and under a portion of Countryside Country Club lying and being situate in the NW1,4 of Section 20, Township 28 South, Range 16 East, conveyed by Countryside Country Club, Inc., in consideration ofreceipt of $1.00 and the benefits to be derived therefrom. (Consent) SUMMARY: The City's reclaimed water system serves several golf courses and recreational sites. The large user sites receive the reclaimed water from City transmission mains that discharge into open lakes. The water is then withdrawn from the lakes as needed to irrigate the recreational facilities. As the City increases reclaimed water utilization, and improves its ability to control flows and pressures through the system, it will more closely monitor the lake discharges. Public Works Administration has established the Reclaimed Water Remote Lakes Control Valves project to design and construct new control valves at each of the large user sites. The new valves will allow the City to remotely monitor and adjust the discharge rates and times when these lakes are filled in order to improve system efficiency. The subject perpetual easement, and temporary construction easement, have been conveyed by Countryside Country Club, Inc. (Grantor) to facilitate the City's construction and maintenance of the new flowmeter and control valve assembly to more efficiently serve this golf course. The Grantor requires formal City acceptance and execution by its officials prior to recording the easement. A copy of the easement documentation is available for review in the Office of Official Records and Legislative Services. Review Approval: 1) Clerk ~;~ 11/\ TH -- -=- ;~ I \ \ \ ;:!:~ :- _1:lI' n" 1_ - -:::II ~!R ... ~oW y ! , , I ~liIJ!I!lllil~ , f~ ! ! , I j_J -- .t.-S'i ./ \ -_/ \ \ V~Ii-\ I Iv'. I \:, \'1 \ ,. \v:'c. \ o V" \ \:.: "3 ' -~::..=.- '~"':::"- --r-~'-----.<i---- - o I) 2 ~\ .. ~ d\\ // \\\ / r =- , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ,.. :~ . ..... ,~ -~ '..... '~ -i1"\; -. - ., . ~-.- ',:..:... .,,~ '1>iji'E~~~~ Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Extend the existing contract with Standard Parking Corp., Tampa, FL for parking services at the Pier 60, South Gulfview and Courtney Campbell beach parking lots for a period of 2 additional years beginning October 1, 2006 through September 30,2008 at a cost of $975,000 under the same terms and conditions per the original Request for Proposal 33-03 and authorize the appropriate officials to execute same. SUMMARY: Attendant parking began in 1990 at the beach lots and in 2005 at the Courtney Campbell lot. The current three (3) year contract with Standard Parking Corp. began October 1, 2003. Due to the many operational changes associated with the Beach Walk project as well as the project timeline, it is impractical to re-bid the contract at this time. As Beach walk progresses and parking in the South Gulfiew lots is eliminated, pro-rated adjustments to the contract will occur based on these changes. Current annualized revenue per parking space for south beach is approximately $2,991. Total annual revenue for all locations is approximately $2.1 Million (net of taxes). Projected costs for FY 07 are $460,100 and funding for this contract is included in the 2006/07 City Manager's Recommended Parking Fund (435-01333) Operating Budget / Contractual Services. A copy of the current contract is available for review at the Official Records and Legislative Services Office. Type: Current Year Budget?: Operating Expenditure Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $975,000 2007 to 2008 Annual Operating Cost: Total Cost: $975,000 Appropriation Code 0435-01333-530100-545-000- 0000 Amount Appropriation Comment 975,000 Review Approval: 1) Clerk SECOND AMENDMENT OF PARKING FACILITIES MANAGEMENT CONTRACT This SECOND AMENDMENT OF PARKING FACILITIES MANAGEMENT CONTRACT (this "Amendment") is made and entered into as of this day of 2006, by and between the City of Clearwater, Florida, a municipal corporation of the State of Florida, hereinafter referred to as the "City," and Standard Parking Corporation, a Delaware corporation, hereinafter referred to as the "Firm." WITNE S SE TH: THAT, WHEREAS, the City and the Firm are parties to a certain Parking Facilities Management Contract dated September 26, 2003, as amended by that certain First Amendment of Parking Facilities Management Contract dated effective October 1, 2003 (as so amended, the "Contract"), which Contract was the result of the City's Request for Proposal No. 33-03 ("RFP"), the terms of which RFP the parties acknowledge are incorporated into the Contract; and WHEREAS, the City and the Firm desire to amend the Contract as herein set forth. NOW, THEREFORE, for good and valuable consideration, the parties hereto agree as follows: 1. RECITALS AND DEFINITIONS. The above recitals are incorporated herein. The terms defined in the Contract shall have the same meanings ascribed to such terms therein when used herein, unless expressly defined otherwise herein. 2. EXTENDED TERM. The term of the Contract is hereby extended for two (2) years, from October 1, 2006, through and including September 30, 2008 ("Extended Term"). During said Extended Term, the Contract shall remain subject to sooner termination pursuant to all applicable terms of the Contract. 3. MANAGEMENT FEE. The monthly Management Fee, which during the year ending September 30,2006, was $37,227.93 per month, shall increase on October 1,2006, by three percent (3%) of that amount, and again on October 1, 2007, by three percent (3%) of the Management Fee in effect for the month ending September 30, 2007. Notwithstanding the foregoing, if parking spaces should be reduced or eliminated by the City for construction purposes during the Extended Term, then the Management Fee shall be reduced pro rata in a manner that is mutually agreed upon by the City and the Firm. Said reduced Management Fee shall nevertheless remain subject to the annual three percent (3%) increases stipulated herein. N:\LegaIIAGREEMENTSIAGREEMENTS - 7000 TO 7099\7097 JCB#3.doc Location No. 32022 08/24/06 1 ~~ Standard Psddngw 4. NO OTHER CHANGES. Except as expressly modified herein, the Contract remains in full force and effect upon its original terms and conditions. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first above written. THE FIRM: STANDARD PARKING CORPORATION By: Name: Title: Bruce Kubena Senior Vice President CITY: Countersigned: CITY OF CLEARWATER, FLORIDA By: Frank V. Hibbard Mayor William B. Home II City Manager Approved as to form: Attest: Carlos F. Co16n Assistant City Attorney Cynthia E. Goudeau City Clerk N:\LegaIIAGREEMENTSIAGREEMENTS - 7000 TO 7099\7097 JCB#3.doc Location No. 32022 08/24/06 2 ~~ Standard Psddngw , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ,.. :~ . ..... ,~ -~ '..... '~ -i1"\; -. - ., . ~-.- ',:..:... .,,~ '1>iji'E~~~~ Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Reappoint Sandra Jamieson and D. Michael Flanery to the Environmental Advisory Board with the terms expiring on September 30, 2010 and appoint Joseph A. Calio, Nelda Gant and Ron Gregory with the term expiring on September 30,2009. (Consent) SUMMARY: Recommending three year term appointments for the new appointees so that not all terms expire at the same time. The Appointment worksheet is attached. Review Approval: 1) Clerk APPOINTMENT WORKSHEET FOR COUNCil MEETING September 7,2006 BOARD: Environmental Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 5 CHAIRPERSON: D. Michael Flanery MEETING DATES: 3rd Wed., 4 pm PLACE: Council Chambers APPTS.NEEDED: 5 STAFF LIAISON: PWA/Environmental THE FOllOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE(D) AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. 1. Sandra Jamieson - 301 Jasmine Way, 33756 - Original Appointment 04/05/01 Interested in Reappointment: YES (Ended 1st Term on 03/31/05) 2. Clorinda (Cookie) T. Gilreath - 1709 Sunset Dr., 33755 - Original Appointment to EAB 11/15/01 Resigned - (Currently serving on the Library Board -1st Term) 3. D. Michael Flanery - 1836 Venetian Point Dr., 33755 - Original Appointment 09/05/02 Interested in Reappointment: YES (1 st Term expires 09/30/06) 4. Judy McSwine - 602 Lime Ave., #102,33756 - Original Appointment 08/07/03 Resigned 5. Norma R. Carlough - 1756 Ashton Abbey Rd., 33755 - Original Appointment 10/02/03 Resigned - (Currently serving on the Airpark Advisory Board - 1 st Term) THE FOllOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO Fill THE ABOVE VACANCIES: 1. Joseph A. Calio - 1290 Gulf Blvd., Apt. 1608,33767 - Retired/Healthcare Executive 2. Nelda Gant - 2766 Quail Hollow Rd. W., 33761 - Real Estate Sales 3. Ron Gregory - 732 Snug Island, 33767 - Planning Consultant Zip codes of current members: 1 at 33755 1 at 33756 FROM : F DRUID HEMERICK DDS FRX NO. 727-461-9557 Rpr. 04 2001 04:38PM Pi ,721 562 4036 ; 2/ ~ 4- 3-01; 8;04AM;CITY CLERK DEPT. " CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Cleawater resident) Scnc\'rc C .j~m \~<s'n Nama: Home Address: Office Address: "30\ 0csm\yte. W~ ~~rriSQY\ G \-e.C.'1l.lJ o:\ev: ZiD :53,Sb C\1"" SV" tDD4e. v ljp "3315.k. Telephone: 121-L,lltl:,,4bSC. Telephone; "2."7- c.l01-:l5 5 b w How long e resident of CIeaIY/llle~:dl+e I b~l - 5fu 6~*i"; , Occupation: ~t'\.-\-a\ ~9 \ Ph is t. Employer: __ __me._t C k:.. . FiQld of Education: Other Work Experience: ~p ~:be'(\~.l ~I~'-n~ . '!:k.~1'\ K~ilf~Y >-'.:.~8ea.lr s~~r-or~OYdeY.s, \)~_9~1 ~ct~ J)IL lJ6,m "S\-~.11:e\r. If retired, former occupation: Communiw Activities' \l ~CClC'h~ J~L~f..L~{)"',(c..Od_:k~:Y I j)(JJyzt"~ - 'L~e'~5~P.)'\e\~ b'lv-\ Sc.ouf..~- [~\'\e, 0-$- 'I wc.f\ ~6b: - , S!~ Veti~'1 QJI\.u..vClt1.o<f o/M lbse;e.rlscUYJ Other InWrests:::J:>o:...&r ~ ~\e"-Y'w~1I' M ~"'l\i' ~.l.a.v',u.mj ~c.. Board Service (current and past): Board reference:' .: _ .'_ 1lli~ca1 ~S6Y~ BO~Y'd, &, "', r(lY'\1'l'1GY1-roJ ~~~~ Additional Comments: Signed: ,jtJ).{tM11 ~. 9'AnI.J'JAi..-- Date: 4-3-01 See attached list for boards tnat require Financial Disclosure at time of appointment Please return this application & board questionnaire for each board listed to: City Clerk's Department. P. O. Box 4748. Clearwater. FL 33758-4748 or drop off at City Hall, 2nd Floor. 112 S, Osceola Avenue ~Pl'-r EIDS 'f15~J m-l; J ,~~d ) 3/3/).S =- 1Si- FROM : F DAVID HEMERICK DDS FAX NO. 727-461-9557 Apr. 04 2001 04:38PM P2 :127 562 408~ # 3/ 5 4- 3-01; 8:04AM;CITY CLE~K DEPT. BOARD QUI:STIONNAIRE 1. Wh~t i6 your understanding of the bOl2rd's duties and responsibilJties? . I , Yo a 'lJy\:~-rrn~~YViJ..5S'lar\ ll.b~ E~ . < ,\J I~ ..ljJ ~J t ~ Q) t/lJ'-' 't1\L (' aNYlA1'\'(J,/\A. 2. Have you ever observed 8 board meeting either in person or on C-View, the City's TV station? B~ \~ pe-V":5ffY\ ~ 6"'1' e-LJ~.0 . 3. What background and/or queliflcation~ do you have that you feel would qualify you to serve on this Board? ~h M~ ftilrc-~+,.I!Y\ (Se~'r'K:; 'Bnci(.~rnu.rd\ n..nd +h~\-t \Jo..rtfrUS --tt-cilr\\,(~ pro~('a.m:s ~L h:wt. c.GmPle-kd a5 a. V-&eu.~ ~ bl'lfu ~.j~ t :f~~ { \-e~!~€..,r'S V1lp Pi t'\d1a <, \ 1. ~ 6a.t~cA \MS~ ~ -\0 ~~Clct- ~clel'e..loylL % ow--C lim<<l ~ I'\o.i) ~ -\-Iu <;:~Y\~~~~ ~ in"- "" . aeve.\of'~ S;;"1\VW - vf; P"O ~~ ~o<.u:tt'inui . 4. Why do you want to serve on thl$ Board7 ~ .- &5. ~~~cr-Y\e_Irq..~ -f?\Oll":t~ it ~ ~ ~ aCllin <!..01i'QQ)L hid ~ o...brrt.d- \~ ~~ --~ on~ ~ au-\'" ~ ~~~ik.~i<.J...ll YAJL~I~W~) ~~~*c., ~li.,'t~ ~~ .~l...U'€.. \\a.ve ~ ~~' \W-~~clan..-. w'\'\-trv ~~ ~ t-~llci- au.r .~' ~ erA- ~ a....~ - '- . Name: ~ J-a..{Y\\e. ~~ _ Board Name: fiw'.nmmevttc.\ Ad..()i~O\:le<'.Bcd... ,~ ~ ..... CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: D. m ;L~ac:...J F' a ne.("7 Home Address: 1,83 t;, l)eV)et f(~ ~ ~o I~t 'J)..... C /-ea rw'q tC2.. r t;.L Zip 33?S5 I Telephone: 72- 7 ~ ~I 'I 2 -..!:> <;; 2.. Lj How long a resident of Clearwater? cl J ye C> r ..s Occupation:'Pr-o..fe.ssJ Hi ~ ( ~ "19th e~("" Field of Education: en~'il?-e-ev;V"\1 (Cl~V\ Is tNVI'rQVlI'nD....14f) 'P4blt\. t+ea(+t, .Sll f-en.J i~; 0'" / Yh a "> a ,~ V1Ics.. f- If retired, former occupation: Community Activities: fJo a ref flfG f'i'G-I'dll~OC7d (0 n. rn IA. n:-J 'f ffc'l (I-L Lc -t itdlltJ.v I) ".,,:;- l'e rowI/J.f"<{'J A- V'iJov' Other Interests: Board Service (current and past): 1" AC. 0 r 'f:>ri)wn../7e1'(s All/i) r~\ f3l')(},v-c( , (as ~ep)- 0 I- *~ }..JL, rt.'frP~"I.f/ve) Additional Comments: Office Address: .I!./l75 IE 'Ba7 D...... Su~1e .300 C learw~+er, F( Zip 337 , Telephone: 727-~3d>-7277 Y/'OS" ::#= ,. "F . ~I ill S-f.a C!. 6"" 'O~ ,.., - Employer: 'P(I')c..J{.!l!) (o.....ht7 h!eh 1ft, /YvY Other Work Experience: lVe.L p Q5'e. riD -oS /1"" J 1)n'1, hhc~ [,u;::.jp,s"l1} Jke J~~ '1 B-e flU/" eJ Un l(U9I1'O Ii... I .5lov8~f<lhk cj~tJ h "p ~J "\.ire. (. Ce h ~. ,.7 tJD(:)rc Board Preference: .e n \//,011 V'YIP J? f Q I I+J I/O IV, f>oet r( Si9'd{JtJ!1!)61~7 Date: a'-'y 2// 2.-<rn I See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue .~ BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? If roJd{e rh S, t J,f- ~ khOW/~'-? c. ~ Cd mmljS~ 1""1 -Iv b Ci I a ht.L- i "p h> y)-) ; 2 -t. (Q PfO Y 74/11 7ti e,~ +0" CI ~ Q YWb. Ie;- rc.,'a'f'cf /'''''' eh v IrO i1 mt'~ '0.1 to h (e r-.h ~) lU ~~e...l ~/e... fe h ~~ 1 d;,., f-j rue, It+y (J f- I;f ~/ b f(.J; ~c.s.s .' y-e (, r-e a-\- ,s,",') ~ h.J h-e a. f 4- t, 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? ''If.s 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? - If l("~ a~ Ct,Ii! f-11.1It1't"~.,.} ~/~{' I(eu (o~"+j {/V2t ter J}<<J/P^ / r e ~rh, r EI? v ,ir G 1?tJ-; if ( f-", f ~t' V I 1fl'Jt'(1 a) to, ~(1-4 D~/7f fa ~Ak fJ..y~t'/). Or,.,l,VI, W~f{>rJ 5,pf"'t 1"t:fI'l~S....SI.LJ)Vhvhll'L, POl)I~ 1{~c.,.ea f,c,nc1 f waft.vs" V~"er'lro'1"J ..5-toY~Jefi!t"k.s~ ;.)ca ).I..~., &QcteJ" Browh-F-,"eJd...s.J diJ~JJ-.r/ re.s.pDhJ~ P"~)l~L J-JeB /../l'J e-~lcfun/o/'f.J'1> 4. Why do you want to serve on this Board? 1.. reCf'~1'~ WI~,j~ d pre.Jl'l1/-q,,j-/OL-, +-0 .J~ l?-RB (K'j'at-o!}'lj Ika Il-hy!;eacht'J ahJ .+he. '1tC'nl-~.J(jlta / c.u~ 6d {DI.ufh~'l (o;"fkll ('ailxu,,<?/) J reQ>I/~ecl IJM) QJ a. re..Ju. If ni /At r~/-heY- (;(n~7"e /,vark- ey peYI (>'n{~ J a h rJ ,--;;rr,.,o f J" a wllr Y'a I? ?t1... o,t S C. /(1/1' f( ..f-', l q /ttcl heq 1-14 li5iJc~i ! /?I~'1 be. ~bl,- -J..o prOVLd-e v~/fJ.z.6/-E- 1J...,I?",-r ci ,"J.,!:.lCjI,t-. Name:1), vn d.~ a<./ 1: ra III C:YY Board Name:fnv;rOVlYhtl1f.l'J { ~ CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) ;::f; ~&-f If A. tJ,f'-/~ Name: Office Address: Zip How long a resident of Clearwater? Occupation: I? ~ / / L- 6~ Field of Education: ;J;1 - Ii: /(;4 /. &" t/ ,V / V- I Telephone: q&1f~~ I Employer: Other Work Experience: /?~y k)tJ5r I~~IJ/'M..r~ ~-ruA/~5 ILl , 1I/'5/c; L &:J U; ~ / If retired, former occupation: Community Activities: J-I~~t. ,II t:!....I-.e& . J" ~& ..4 rrt1-eIfE.iJ ~X~(fu /II/~. 1.15/ Other .Interests: Board Service (current and past): Board Preference: {I L &..f,t,fA,!H&R E,(,ItI/~t?/fJ;#fAl i#-? /lei VIS ~ ~ v ~.#-~JJ I Additional Comments: Date: ?/~y I/O t See atta ed list for boards that require financial disclosure at time of appointment. Please return this applica Ion 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 (ij) ~ <<: (H \VI ~ rfiiJ In]I JUl 2 5 2lJli ~ OFFICIAL R LEGISLATIvf~ROVRDS AND CS DEPT " BOARD QUESTIONNAIRE 1, What is your understanding of the board's duties and responsibilities? ;, 1&-&//#-1.0,471; #f ~fi,~A S~4/~~ -I~x fJ,LttJj)t?.>..f~$ I I ~. 4~~ ~b,e &pt'/f2.;;;r-H~,:B7:I-/.. /,fft/L"6- ~ C!6WY& b~~o~.& ~ ,!t7#.A I 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? i/t'6 - /Qt1'~i/IJ/-ofP. .h:#;{'/Ahf; /L~5E,or#r/.!?p.s I / 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? I ~J'6 ~.6;~/1r !, t?t/"'~U,lr& fe;e r/'pf,vt /,f//P.t!--'fn4ht/ ~ clG//E~/ t1 .5VCCt~~&~ ..5o~~ r/pl() ~e tl,i~ /.#~/i~.s C!t?,I.J~&IWe.tJ A. ~(/I/~',lj ~ &~&,eLJ o~ ;d,e.!?~~La :7&L t//v~ 4. Why do you want to serve on this Board? ~ CJCI A;.)(!/~ /It.lf 4/ /$" ~ ,z; tV .5~A/ 7"? S" /C 6JJ /11& / r:- ~ 4./ ~~ U//L-L./P~ ~ ..?~~J/E- /!,lUb .I,4.#/. Name: C!L"e#~tplfrz~ &Vlltth:/ -I1&;ItI ~L. A/V/5P7 A1",,,,~ JOSEPH A CALIO 1290 Gulf Blvd. #1608 596-4059 Graduate of Temple University - 1949 Retired, 1978, from career in the health care field Resident of Santi Key since 1982 Community Activities Spearheaded building of Fire Station on Sand Key Past president of the Sand Key Civic Association Board of Directors of Jolley Trolley since its inception Chairman, Beautification of Sand Key committee Member, Clearwater Fire Task Force Member, Pinellas County Fire Task Force Chairman, Sand Key Dune Vegetation program Started the Sand Key Volunteer Beach Patrol program Member, original Board of Directors of the Clearwater Community Sailing Center Citizens Involvement Committee, Belleair Causeway Bridge Project Past president of Lighthouse Towers Condo Assoc. Rug 03 06 01:23p Nelda Gant 727-726-1970 p.2 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: ,,# e.. / d~ G~n( Home Address: Office Address: ..:27(e.c:, c9uQ:1 lIo/low/f/w i/7-5 iVo(Jclkrld~~7;,~ ClpClywQ.,f-er, FL. Zip-.d.3Tt&/ I c::; l-rJ J.!arbc;y/ FL Zi .3~. ~ ~ Telephone: 7=<. 7 - 7..23 --/~. 0 Telephone: 7 dZ '7 - 7" cY 7' -..5.5...z;;'--5 How long a resident of Clearwater? /9.!f>3 -/<)'J/" /9q4.~ h/("~~--;- occupation:~-i /' ~ tqre. ~ /~ Employer: ~ 4~ ~o,/I-e c C"r-Ol-<F Field of Education: Other Work Experience: ,.-,;P 'j'"s r<2//ey""- Zie>?V ~'" '~-2...- f 01'" <:,' n <.:. e l'l'7.6' If retired, former occupation: - Community Activities: ~ It Y' '7 ~) { C.' leG; r u.c.i.-f~ r Eo -So -;- other Interests: ~ a. d/"., y ../ Board Service (current and past): <PIA k;' . ' Wi"..i' VI ~ .s rh~~Y'ch yo ..- dl9 1'1 " n 4. C&O A-; 'n 7 , , Board Preference: Additional Comments: Signed:~~' <=-7 ~-.r- , Date: ,y'-3 -o~ 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, RECEIVED I, ,'3 03 2006 OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEpr Rug 03 06 01:23p Nelda Gant 727-726-1970 p.3 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? ~~ ~~~::--j~j-6 . /'7.:U~~Ar-' r-~~ k0 ~ Ii- -#2 ~V-Z~~~-/~ -a("i~~ ~ ~..~- a~Az7f:~~~ / . ~ 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? ~ y 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? _ .~ ~~~~-e-- ~o~/9R3. .l9J?3-/99c-J_~ (~~~. /994'-1999-tP~~~_ ~ cl-~ co. ','. r 1/ '- /9'97 -J ~~e.~.....e:--J ~~ --,?; l' d? .~r-e- ~<2~ ~. Hv~? ~~. o/2k::~~ /93'3. 4. Why do you want to serve on this Board? ~ ~ ~- zi=. ~ .-#-- ~A? ~4n~.~,. ~.~ ~ C/U: ('?, .~ ~ ~ t;~-- 4~/'7 ~.) . --"'€,A..-/e-- z:i:&. (!~-~ .~. Name:.&Ha-- G;~~--;- Board Name: Ch_QrlVJ-~ fit/2 rO~-r7<:?-,-?~c-1 .4dv/so.-)" 6Qrd CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: J? tJ n G f'~ (J ~ Home Address: /. Q ?3:L SI1~ ~slaht/I flttv.W/~k". I I-- C--. Zip 3"37b") I Telephone: 7 d ') - L{ '{9 {J ~ r ~ How long a resident of Clearwater? ;;L ro y rf' Occupation: Pia p1J1 fty ~oYlSU /-Mlt r Field of Education: M /1111+ ~eAJ~ '" tf--jJ 4 YhiJ Cd U/S4 t ( Office Address: ') 6 ?'tJ cu rcc TCt ~...~ /1 / /:C / ' Telephone: g--tj - &; 30 Zip '5.J b t:/!;7 . ;l C( .3 J'- Employer: 1--1 p S C tJ /' P cf' ('AK ni q.... , Other Work Experience: If retired, former occupation: Community Activities: fiEf?, 7sk~d &~~ tU/t( MtUA ( Jch-{f () / 4YAr~ 4r-va Other Interests: 13 rJ tt th x..tP / Board Service (current and past): Il) / It f ~f' /) (';l!'t tX~ Board Preference: /;/1 f/ /'ryJ/1 /H ~4 L~/ Additional Comments: Signed:~ ~ Date: ?/?/:;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. fD)~@~~w~rm IJ1) JUt I 8;m; ~ OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 1) /r:: C lJL > J' ('PI. r/ (y.,... J.{A. ,,, t ( ( 'S'J U J(' a P1 ell J(/ ;;"f fll.t C/rrmci/ Cd q 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? No 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? 1t't1 c{ rJ (7. JtJ/ V?t.1'^ I deL (i (! r( 1/ / Y-tfr/ /~l tU~ j ~'Cfl(~ f!tv- jJ y1 { t' A 1f CJ e~ tY ~~ ( ~ cJ;, C/ 1/ I' r- f / J ~ ;4 (ff' r rg cJ Y {J~.f p 4. Why do you want to serve on this Board? U t:/lvc i'fey /~;jr(J Ut!- fu q ad; ~ 1/ //~ " ~ I tJ.. . ." . { . LN\p ~/4d~, . .' .,'-- .~- Name+fr.1}J a f/' ~ tJ ~</ --./ . Board Name: Ehv I ~~ /"k l-KU , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ,.. :~ . ..... ,~ -~ '..... '~ -i1"\; -. - ., . ~-.- ',:..:... .,,~ '1>iji'E~~~~ Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Appoint a Councilmember Jonson to the Pinellas Suncoast Transit Authority with the term expiring on September 30, 2009. SUMMARY: Councilmember Jonson is the Council's current representative on the PSTA. His term expires September 30. Regular meetings of the PSTA are held at 9 a.m. on the 4th Wednesday of each month at the PSTA offices in st. Petersburg. Review Approval: 1) Clerk , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ,.. :~ . ..... ,~ -~ '..... '~ -i1"\; -. - ., . ~-.- ',:..:... .,,~ '1>iji'E~~~~ Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Confirm the Mayor's reappointment of Deborah Woodard to the Clearwater Housing Authority Board with the term expiring on September 30, 2010. SUMMARY: The Appointment Worksheet is attached. Review Approval: 1) Clerk APPOINTMENT WORKSHEET FOR COUNCil MEETING September 7,2006 BOARD: Clearwater Housing Authority TERM: 4 years APPOINTED BY: Mayor, Approved by City Council FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: One member must be a Public Housing Resident (effective 10/1/84) MEMBERS: 5 CHAIRPERSON: Robert Aude MEETING DATES: 4th Friday, 8:30 a.m. PLACE: The Vincent Building, 908 Cleveland Street, Clearwater, FL 33755 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. Deborah Woodard - 3429 Aspen Trail, 33761 - Original Appointment 12/05/02 Interest in Reappointment: Yes (1 st Term expires 09/30/06) Zip codes current members on board: 1 at 33755 1 at 33756 2 at 33761 1 at 33767 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOAR~CT :2 2,2002 (must be Clearwater resident) be-I? 0 ro... h V uJo 0 ol..o. rc.-l \ , Name: Home Address: 3lfZQ AsfeCl1 Tr~ Cbv~-rev Zip 0.376'- Telephone: 711.. ,=,tfz..F/ How long a resident of Clearwater? ~I Occupation:~ ~eV Field of Education: ~A Office Address: 2Ml ~w O~ ~ 'f~' - ~~l D Zip 3,37 b5 Telephone: 1't8' 7 ~ Employer: T~ fYefb~+~ Other Work Experience: If retired, former occupation: Community Activities:--.Pves lo\.e..~tl 1>lVieJ~..f ~-r,,\ ~ui rf ?Tits i ~ r/'lJoe. ff\A.) -.EL S~ie.. PTf\ ~r-d j Wi elM. ~ev-- t!rf CfM..M-f!,k C ~ c.-l Other Interests: f"~ I ~, Board Service (current and past): Board Preference: Additional Comments: Signed: ~ v'UJ~c-/ Date: /)~ ry 2- (})J 2-- I See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? -f~ f~ ~tJ-tc::cJytJ ~ ~~T 10 t-4 fhr>,.~ A-o.fk~7 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? NO 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? ~4. ""-1 e..rw-t<. ,~ PT'!:t ~ ~ nu.~ C.cM--rA.c.--LS ~ ~ tt::r~ .~~~ ~~~-/2J~~1J ~~1J~ . j 4. Why do you want to serve on this Board? asa~ 1J(1~Vl~J~lik tv r...Ift!-j1...-re ~t! ~ ~ ~ Name: 1Jo..~ V W'~c:.f .. Board Name:('hn~ ~~ 1 PROPERTY APPRAISER .11M SMITH, CFA P.O. BOX 1957 CLEARWATER, FLORIDA 33757-1957 OFFICE PHONE: 727464-3207' HEARING IMPAIRED: 727 464-3370 . FAX: 727 Web Site-http://pao.co.pinellas.fl.us . E-Mail: jim_smith@pao.co.pinellas.fl.us Date printed: 10/22/02 2001 Certified Property Value Roll Parcel Number: Owner's Name and Address WOODARD, DONALD W WOODARD, DEBORAH L 3429 ASPEN TRL CLEARWATER 33761 1102 2001 Value Just / Market: Assessed / Taxable Value: 2001 Taxes Tax Dist Code: Fire District/TIF: 2001 Tax 2001 Mill Special Assesment: Correction #: LEGAL DESCRIPTION TRAILS OF COUNTRYSIDE LOT 51 RESIDENTIAL 2:03:02 PM 18 / 28 / 16 / 91668 / 000/ 0510 Address: Property Use Code: Land Use Code: OR Book / Page: Property 3429 ASPEN TRL 210 01 06562 / 2240 FL Tenancy: HUSBAND AND WIFE 205,900 186,500 161,500 2001 Exemptions Homestead: Widows: Disability: Other: Agricultural Exemption: Historic: Senior: Exempt Status: CT~~<. 3,706.63 22.9513 0.00 o 25,000 1) 5 2) 3) 4) , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ,.. :~ . ..... ,~ -~ '..... '~ -i1"\; -. - ., . ~-.- ',:..:... .,,~ '1>iji'E~~~~ Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve interlocal agreement with the City of Largo, City of Pinellas Park, City of St. Petersburg, City of Tarpon Springs, Juvenile Welfare Board of Pine lIas County, and the School Board of Pinellas County creating the Leadership Council and authorizing the appropriate parties to execute same. (Consent) SUMMARY: The issue of homelessness impacts all jurisdictions of Pinellas County, and is a quality of life issue concerning County residents, and it is in the best interests of homeless persons, the general citizenry, residents, and the affected institutions of Pinellas County to work jointly on solutions to homelessness. Over the past several months, a partnership of public institutions, non-profit entities, and the private sector, known as the "Homeless Policy Group"; have examined the problems and potential solutions to address this issue and have determined that solving homelessness will require effective services to individuals, coupled with policy solutions in the fields of housing, health, and social service care, transportation and employment. Section 163.01 Fla. Stat. provides that agencies oflocal governments may establish collaborative organizations in which diverse local public agencies may share information in order to positively influence the needs and development of local communities. Representatives of the public agencies involved in looking at these issues have determined that formalization of the "Homeless Policy Group" will more effectively confront this problem on a County wide basis through a Homeless Leadership Network to be made up of two equal partners: 1. a Leadership Council consisting of elected representatives of governmental agencies, and 2. a Community Council consisting of representatives of private agencies addressing homelessness issues in the County. Section 163.01 Fla. Stat. provides that assignment of duties and responsibilities pursuant to this Agreement requires that the Leadership Council designate a precise organization and membership and the Leadership Council will have greater options for achieving the goals of the Homeless Policy Group. The Interlocal Agreement creates the Leadership Council, which will continue the work of the "Homeless Policy Group" by coordinating data and providing governmental agencies with information and advice to further its mission of improving the homeless situation in Pinellas County. Review Approval: 1) Clerk HOMELESS LEADERSHIP NETWORK INTERLOCAL AGREEMENT THIS AGREEMENT is made and entered into by and between PINELLAS COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", the CITY OF CLEARWATER, the CITY OF LARGO, the CITY OF PINELLAS PARK, the CITY OF ST. PETERSBURG, the CITY OF TARPON SPRINGS, the JUVENILE WELFARE BOARD OF PINELLAS COUNTY, and the SCHOOL BOARD OF PINELLAS COUNTY, which shall hereinafter be referred to as "LEADERSHIP COUNCIL" . WITNESSETH: WHEREAS, the issue of homelessness impacts all jurisdictions of Pinellas County, and is a quality of life issue concerning County residents; and WHEREAS, it is in the best interests of homeless persons, the general citizenry, residents, and the affected institutions of Pinellas County to work jointly on solutions to homelessness; and WHEREAS, over the past several months; a partnership of public institutions, non- profit entities, and the private sector, known as the "Homeless Policy Group"; have examined the problems and potential solutions to address this issue and WHEREAS, solving homelessness will require effective servIces to individuals, coupled with policy solutions in the fields of housing, health, and social service care, transportation and employment; and WHEREAS, Section 163.01 Fla. Stat. provides that agencies of local governments may establish collaborative organizations in which diverse local public agencies may share information in order to positively influence the needs and development of local communities; and WHEREAS, representatives of the public agencies involved in looking at these issues have determined that formalization of the "Homeless Policy Group" will more effectively confront this problem on a County wide basis through a Homeless Leadership Network to be made up of two equal partners: 1. a Leadership Council consisting of elected representatives of governmental agencies, and 2. a Community Council consisting of representatives of private agencies addressing homelessness issues in the County; and WHEREAS, the LEADERSHIP COUNCIL is an organization created pursuant to Section 163.01 Fla. Stat. for the purpose of addressing the homelessness issue in Pinellas County; and WHEREAS, the LEADERSHIP COUNCIL seeks to examine issues relating to how homelessness impacts the County; and WHEREAS, the LEADERSHIP COUNCIL seeks to encourage appropriate consolidation of homeless programs for improved efficiency and effectiveness; and WHEREAS, the LEADERSHIP COUNCIL desires to develop local solutions to homelessness in Pinellas County; and WHEREAS, Section 163.01 Fla. Stat. provides that assignment of duties and responsibilities pursuant to this Agreement reqUIres that the LEADERSHIP COUNCIL designate a precise organization and membership; and WHEREAS, the LEADERSHIP COUNCIL will have greater options for achieving the goals of the Homeless Policy Group. NOW, THEREFORE, in consideration of the mutual promises contained herein and given by each party to the other, the PARTIES hereto covenant and agree as follows: Section 1. INCORPORA TION BY REFERENCE That the recitations set forth above are incorporated herein by reference III their entirety. Section 2. LEGAL AUTHORITY. This Agreement is entered into pursuant to the provisions of Sections 163.01, et seq., the Florida Interlocal Cooperation Act of 1969. The PARTIES entering into this Agreement are fully cognizant of the constitutional limitations on the transfer of powers as set forth in Article VIII, Section 4 of the Constitution of the State of Florida and it is the express purpose of this Agreement only to enter into a contract for the purpose of establishing a collaborative network addressing homelessness issues and coordinating planning among and between local and state public agencies. This Agreement at all times shall be construed consistent with such constitutional and statutory limitations. The duties and responsibilities set forth in this Agreement to be performed by the PARTIES shall be performed in a manner that is constitutionally permissible and all portions of this Agreement shall be interpreted and administered by the PARTIES accordingly. This Agreement shall be interpreted and administered in such a manner that it will not constitute a transfer, merger or consolidation of powers as those terms are used in the Constitution of the State of Florida or in any statute of the State of Florida as is further set forth in the recitations of this Agreement. Further, this Agreement does not authorize or constitute a delegation of regulatory authority. Section 3. PURPOSE. The purpose of this Agreement shall be to create a LEADERSHIP COUNCIL to continue the work of the "Homeless Policy Group" by coordinating data and providing governmental agencies with information and advice to further its mission of improving the homeless situation in Pinellas County. Section 4. ORGANIZA TION & PROCEDURE The LEADERSHIP COUNCIL shall consist of two elected officials from each of the four HUD entitlement areas (Pinellas County, Cities of Clearwater, Largo, and St. Petersburg) and one designated member from each of the other signatories to this Interlocal Agreement, whose designation shall be acknowledged in writing by the governing body of the appointing signatory. At the first meeting of the LEADERSHIP COUNCIL, the members shall approve Bylaws setting out the organizational strncture of the Homeless Leadership Network, and elect a Chairperson who shall be responsible for the orderly conduct of meetings. Section 5. NO PLEDGE OF AD VALOREM TAXES. The PARTIES agree that this Agreement does not constitute a general indebtedness of the PARTIES within the meaning of any constitutional, statutory, or charter provision or limitation and it is expressly agreed by the parties that neither the LEADERSHIP COUNCIL nor any PARTY shall ever have the right to require or compel the exercise of ad valorem taxing power of any public agency with taxing authority, or taxation of any real or personal property therein for the payment of any monetary obligations due under the terms of this Agreement. It is further agreed between the PARTIES that this Agreement and any funds called for to be paid hereunder shall not constitute a lien upon any real or personal property of any member of the LEADERSHIP COUNCIL. The PARTIES to this agreement are not obligating themselves to provide funding to the LEADERSHIP COUNCIL. Section 6. AUTHORITY TO ACT. The members of the LEADERSHIP COUNCIL, to the extent allowed by law, are hereby vested with the powers necessary to implement and carry forth the duties and responsibilities imposed upon the LEADERSHIP COUNCIL for the limited purpose of giving official and lawful status and validity to the performance thereof by such members. Every member of the LEADERSHIP COUNCIL so empowered hereby and engaged in the performance of the services, duties and responsibilities described and contemplated herein shall be deemed a member of the LEADERSHIP COUNCIL while performing such services, duties and responsibilities which constitute functions of its mission of improving County homeless issue planning. Accordingly, members of the LEADERSHIP COUNCIL are hereby vested with the power to maintain a network and take all appropriate action necessary to adequately examine the local impact and possible solutions to the issue of homelessness in the County. Section 7. SOVEREIGN IMMUNITY. The PARTIES hereto agree that nothing contained herein shall in any way waive the sovereign immunity that they enjoy presently under the Constitution and statutes of the State of Florida including but not limited to the limitations of liability provided in Section 768, Fla. Stat. The PARTIES agree that the mission of the LEADERSHIP COUNCIL of improving Countywide homelessness planning is an exercise of the legislative planning function of the COUNTY and CITIES and that at no time will the COUNTY or CITIES exercise any specific operational control over the activities of any members of the LEADERSHIP COUNCIL nor shall it perform or undertake any acts that are over and above a planning level function with regard to the administration of this agreement. Section 8. RECORDS Each member of the LEADERSHIP COUNCIL shall sign an agreement including but not limited to specified information pursuant to Section 163.01 Fla. Stat. Section 9. NOTICE. Notice as required to be gIVen hereunder shall be gIVen to the LEADERSHIP COUNCIL. Section 10. TERM. This Agreement shall take effect from the date of execution by all PARTIES and filing of this Agreement with the Pinellas County Clerk of the Court, and continue in effect thereafter through September 30, 2015, unless hereafter extended upon such terms and conditions as the PARTIES hereto may later agree. Any PARTY may terminate this Agreement without cause or further liability to the others upon written notice to the other PARTIES, said written notice to be given not less than one hundred and eighty (180) days prior to the requested termination date. Said notice to be deemed delivered when a copy is delivered to the other PARTIES and a receipt therefore is acknowledged or signed by the other PARTIES. Section 11. THIRD PARTIES. In no event shall any of the terms of this Agreement confer upon any third person, corporation or entity other than the PARTIES hereto any right or cause of action or damages claimed against any of the PARTIES to this Agreement arising from the performance of the obligation and responsibilities of the PARTIES herein or for any other reason. Section 12. ENTIRE AGREEMENT. This Agreement reflects the full and complete understanding of the PARTIES to it and may be modified or amended only by a document in writing executed by all the PARTIES hereto and executed with the same formality of this Agreement. Section 13. NON-ASSIGNABILITY. The LEADERSHIP COUNCIL shall not assIgn or delegate the obligations, responsibilities or benefits imposed hereby or contained herein to any third party or in any manner contract for the provision of the services required to be performed herein by a third party without the express written consent of the PARTIES, which consent must have been agreed to at a public meeting and which consent may be withheld within the sole discretion of the PARTIES. <SIGNA TURE PAGE FOLLOWS> IN WITNESS WHEREOF, the parties to this Agreement have caused the same to be signed by their duly authorized representatives this _ day of ,2006. ATTEST: PINELLAS COUNTY, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners KARLE EN F. De BLAKER Clerk of the Court By: By: Deputy Clerk Chairman Date: APPROVED AS TO FORM OFFICE OF COUNTY ATTORNEY By: Attorney ATTEST: CITY OF CLEARWATER By: By: Title Date: APPROVED AS TO FORM OFFICE OF CITY ATTORNEY By: Attorney ATTEST: CITY OF LARGO By: By: Title Date: APPROVED AS TO FORM OFFICE OF CITY ATTORNEY By: Attorney ATTEST: By: CITY OF PINELLAS PARK By: Title Date: APPROVED AS TO FORM OFFICE OF CITY ATTORNEY By: Attorney ATTEST: CITY OF ST. PETERSBURG By: By: Title Date: APPROVED AS TO FORM OFFICE OF CITY ATTORNEY By: Attorney ATTEST: CITY OF TARPON SPRINGS By: By: Title Date: APPROVED AS TO FORM OFFICE OF CITY ATTORNEY By: Attorney ATTEST: JUVENILE WELFARE BOARD OF PINELLAS COUNTY By: By: Title APPROVED AS TO FORM JUVENILE WELFARE BOARD ATTORNEY Date: By: ATTEST: SCHOOL BOARD OF PINELLAS COUNTY By: By: Title Date: APPROVED AS TO FORM SCHOOL BOARD ATTORNEY By: Attorney F:\USERS\ATTY\ATYKB20\HLN Interlocal Revised,doc The parties to the agreement shall be: Pinellas County City of Clearwater City of Largo City of Pinellas Park City of St. Petersburg City of Tarpon Springs Representative from the Council of Mayors (to be named) Pinellas County School Board Juvenile Welfare Board of Pin ell as County , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ,.. :~ . ..... ,~ -~ '..... '~ -i1"\; -. - ., . ~-.- ',:..:... .,,~ '1>iji'E~~~~ Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Settlement Agreement regarding Stowell v. City of Clearwater, Circuit Court Case No. 06-3489-CI-7. SUMMARY: Allen J. Stowell and Stowell Properties, LLC filed suit in 2006 against the City of Clearwater regarding a billboard on the property located at 2815 Gulf-to-Bay Boulevard. The billboard had previously been the subject of Municipal Code Enforcement Board proceedings and appeal and an administrative proceeding regarding a Florida Department of Transportation permit. This settlement proposal in the Circuit Court case would achieve the City's goal of achieving compliance with its sign code with respect to the billboard. Under the agreement, the billboard would be removed seven years following execution of the agreement, Municipal Code Enforcement Board proceedings would be dismissed by the City with corresponding dismissal of the code enforcement appeal and the instant case by Stowell. In the event development of the site occurs, the billboard will be removed prior to issuance of certificate of occupancy. Any right to reconstruction during the seven-year period is limited to a steel monopole at the present height and size. There is no right to relocate on the property. If the property owner fails to timely remove the billboard, no notice of default or right to cure exists and the City is entitled to a penalty sum of $1,000.00 per day as well as the right to enter on the property to remove same and is entitled to recover the costs of removal. Review Approval: 1) Clerk SETTLEMENT AGREEMENT THIS AGREEMENT, made as of the day of , 2006, by and among THE CITY OF CLEARWATER, FLORIDA ("City") and ALLAN J. STOWELL ("Stowell"), and STOWELL PROPERTIES, LLC, a Florida limited liability company. WIT N E SSE T H: WHEREAS, Stowell purchased certain real property (the "Stowell Real Property") located on Gulf-to-Bay Boulevard (State Road 60) inside the City limits in 1972; and WHEREAS, Stowell thereafter erected one (1) billboard (the "Billboard") located on the Stowell Real Property in 1983; and WHEREAS, the Billboard and the Stowell Real Property are located at 2815 Gulf-to-Bay Boulevard (State Road 60); and WHEREAS, effective October 13, 1985 and three years after Stowell erected the Billboard, the City enacted a Land Development Code (Ordinance No. 4035-85 ) that provided, inter alia, new regulations for signage in Clearwater and required certain nonconforming signs to be brought into conformity or removed after an amortization period of five years: however billboards along State Road 60 east of Highland Avenue were exempted from the five-year amortization provision; and WHEREAS, the Stowell Real Property and the Billboard are located on State Road 60 east of Highland A venue; and WHEREAS, in 1988 and pursuant to the City Charter, a citizens' initiative proposed an ordinance to remove the exemption for billboards along State Road 60 east of Highland Avenue, and require the billboards to either come into conformity with the City Code or be removed within seven years from enactment of the ordinance; and FTL:1812890:3 WHEREAS, on January 19, 1989, the City enacted Ordinance No. 4753-88 and the Billboard then became nonconforming, and under the terms of the ordinance the Billboard either had to come into conformity or be removed within seven years from that date, i. e., on or before January 19, 1996; and WHEREAS, on November 28, 1995, S.R. 60 (G-T-B Blvd.) east of U.S. 19 became part of the National Highway System, and that section of roadway was classified as a Federal-Aid Primary (F AP) Highway; and WHEREAS, the Stowell Real Property and the Billboard are located on State Road 60 east of U.S. 19, and, thus, the Billboard fell under the jurisdiction of the Florida Department of Transportation ("FDOT") pursuant to Chap. 479, Fla. Stat.; and WHEREAS, on January 19, 1996, the amortization period for bringing the Billboard into conformity elapsed; and WHEREAS, on December 31, 1996, Stowell applied to FDOT for the reinstatement of state permits for the Billboard; and WHEREAS, on January 21, 1997, the FDOT denied Stowell's application for reinstatement of the FDOT permits for the Billboard because, inter alia, the City refused to approve Stowell's application; and WHEREAS, on February 14, 1997, Stowell requested a formal hearing to challenge the denial of the FDOT permits for the Billboard; and WHEREAS, on March 19, 1997, Stowell's challenge to the FDOT permit denial ("Stowell Challenge") was referred to the Division of Administrative Hearings ("DOAH") for a formal hearing; and FTL:1812890:3 -2- WHEREAS, on December 4, 1997, a formal hearing on the Stowell Challenge was heard by a hearing officer for DOAH; and WHEREAS, on February 2, 1998, the DOAH entered a Recommended Order (the "DOAH Recommended Order") in the Stowell Challenge, a copy of which is attached hereto as Exhibit A; and WHEREAS, on May 6, 1998, the FDOT entered a Final Order on the Stowell Challenge ("FDOT Final Order"), a copy of which is attached hereto as Exhibit B and ordered Stowell to remove the Billboard within 30 days; and WHEREAS, Stowell thereupon appealed the FDOT Final Order to the Florida First District Court of Appeal; and WHEREAS, on September 19, 1999, the Florida First District Court of Appeal affirmed the FDOT Final Order in Stowell v. Department of Transportation, 743 So.2d 513 (Fla. 1 st DCA Sept. 19, 1999); and WHEREAS, on July 13, 2000, the FDOT entered a stay of the FDOT Final Order ("FDOT Stay"), a copy of which is attached hereto as Exhibit C, and provided that the stay was to be in effect during the pendency of a lawsuit commenced in state court on May 30, 2000 by National Advertising Company against the City of Clearwater, known as National Advertising Co. v. City of Clearwater, Case #99-3844-CI-11 (the National-Clearwater Litigation"); and WHEREAS, on August 7, 2000, Stowell Properties, LLC was formed by Stowell as a Florida limited liability company; and WHEREAS, on August 7, 2000 and at all times thereafter, Stowell has been the sole manager and sole owner of Stowell Properties, LLC; and FTL:1812890:3 -3- WHEREAS, on September 5, 2000, Stowell Properties, LLC became the owner of the Stowell Property and the Billboard; and WHEREAS, on April 28, 2000, the City commenced a code enforcement action against Stowell Properties, LLC for alleged code violations associated with the Billboard and the alleged failure of Stowell to remedy the violations; and WHEREAS, on February 28, 2001, the City's Municipal Code Enforcement Board (MCEB) heard testimony in the code enforcement action; and WHEREAS, on March 9, 2001, the MCEB rendered a final administrative order ("MCEB Order"), a copy of which is attached hereto as Exhibit D, and found that the Billboard was not lawful under the current Code and that Stowell Properties, LLC was in violation by not remedying the cited violations, and ordered Stowell Properties, LLC to correct the violations within 60 days after the circuit court's final judgment in the National-Clearwater Litigation; and WHEREAS, on March 23, 2001, Stowell Properties, LLC filed an appeal (the "Stowell- MCEB Appeal") to the state circuit court in connection with the March 9, 2001 MCEB Order against Stowell Properties, LLC; and WHEREAS, on June 25,2001, the Stowell-MCEB Appeal was consolidated with other previously consolidated appeals in Infinity Outdoor v. City of Clearwater, Case No. 00-7393 CI (88B), in the Circuit Court, Sixth Judicial Circuit, in and for Pinellas County, Florida, which had been abated until final resolution of the National-Clearwater Litigation subject to certain requirements by the appellants; and WHEREAS, on December 27, 2005, the Stowell-MCEB Appeal was dismissed for an alleged failure to meet certain conditions, which alleged failure has been contested by Stowell Properties, LLC; and FTL:1812890:3 -4- WHEREAS, on January 9, 2006, Stowell Properties, LLC filed a motion for reinstatement of the Stowell-MCEB Appeal; and WHEREAS, on February 14, 2006, a final resolution was reached in the National- Clearwater Litigation and a Stipulated Final Judgment was entered and later recorded on March 23,2006 at Volume 15007, Pages 86-179, Official Records of Pin ell as County, Florida; and WHEREAS, on May 19, 2006, Stowell and Stowell Properties, LLC (d/b/a Stowell, LLC) filed a civil action against the City in state court, captioned as Allan J. Stowell and Stowell, LLC v. City of Clearwater, Case No. 06-3489 CI-7, in the Circuit Court, Sixth Judicial Circuit, in and for Pinellas County, Florida (the "Stowell-Clearwater 2006 Lawsuit"); and WHEREAS, as of the date of this Settlement Agreement, (a) Stowell Properties, LLC's motion to reinstate the MCEB Appeal of the MCEB Order is still pending; (b) the FDOT has not yet enforced the FDOT Final Order, and (c) the Stowell-Clearwater 2006 Lawsuit has been filed and is pending; and WHEREAS, the parties desire to settle the code enforcement action, the MCEB Appeal, the Stowell-Clearwater 2006 Lawsuit, and to finally resolve any and all disputes between them conceruing the Billboard, whether or not asserted in the MCEB Appeal or the Stowell- Clearwater 2006 Lawsuit; and NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter set forth, together with other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: I. Recitals. The recitals set forth above are true and correct and are incorporated herein by reference. FTL:1812890:3 -5- II. Definitions. As used III this Agreement, the following words and phrases shall have the following meanings: "Billboard": A Billboard Structure and any and all attached Billboard Faces and Embellishments. "Billboard Face": The part of a Billboard, including trim and background, which contains the message or informative contents, which are displayed at the same location and facing the same direction. "Billboard Structure": The interrelated parts and materials of a Billboard, such as beams, poles, and stringers, which are constructed for the purpose of supporting or displaying a message or informative contents. "Effective Date": The date on which the City executes this Agreement. "Embellishment": A temporary extension of the Billboard Face which contains a portion of the message or informative contents, and which is added, modified, or removed when the message is changed. "Federal-Aid Primary Highway" or "FAP Highway" or "FAP": The highways that were part of the Federal-Aid Primary Highway System in existence on June 1, 1991, and any highway which was not on such system but which is, or hereafter becomes, a part of the National Highway System. The parties stipulate that the portion of Gulf-to-Bay Boulevard within the City east of U.S. 19 is presently a Federal-Aid Primary Highway. "Physically Removed": A Billboard shall be deemed physically removed if the Billboard Structure is permanently removed to grade. FTL:1812890:3 -6- "Project": Any development or redevelopment of the Stowell, LLC Property. "Stowell": As used hereinafter, any duties and obligations of Stowell shall be joint obligations of Stowell and Stowell Properties, LLC. "Term of this Agreement": The time period commencing on the Effective Date of this Agreement and ending seven (7) years thereafter. "Termination Date": The seventh (7th) anniversary of the Effective Date. III. Removal of Billboard: The Billboard shall be physically removed by Stowell on or before the Termination Date. IV. Maintenance, Repair and Reconstruction of the Billboard: During the period that the Billboard is allowed to remain, as defined in Article III above, Stowell shall be entitled to maintain, repair and reconstruct the Billboard, as necessary, as a steel monopole at the same size and height (as the Billboard exists as of the Effective Date of this Agreement), subject to any requirements established by the Florida Building Code, state law, and state regulation. The City shall issue appropriate permits for said maintenance, repairs and/or reconstruction subject to the foregoing laws and regulations. Any maintenance, repair, or reconstruction shall not increase the size or height of any Billboard. No embellishments shall be allowed on the Billboard during the Term of this Agreement. However, at no time during the Term of the Agreement can the Billboard be relocated on the Stowell LLC Property. V. Removal of Billboard Upon Development of the Stowell LLC Property: If, during the Term of this Agreement, Stowell presents plans to the City to develop the Stowell LLC Property, the Billboard shall be removed before the issuance of a certificate of occupancy is issued for the first building on the Stowell LLC Property. FTL:1812890:3 -7- VI. Florida Department of Transportation Approval: The parties agree that the Billboard is currently located on an F AP Highway and is subject to regulation by FDOT under Chapter 479, Fla. Stat. The City shall execute FDOT Permit Applications indicating that, by virtue of this Settlement Agreement only, said Billboard and the billboard faces thereon shall be deemed permitted nonconforming uses, but only during the Term of this Agreement. Such FDOT Permit Application shall be in substantially the form attached hereto as Exhibit E. Further, the City shall execute or issue any permit applications or other documents required by FDOT as a condition of FDOT issuing state permits for the said Billboard. VII. Vested Rights and Future Regulations: During the Term of this Agreement, the parties agree and acknowledge that Stowell and Stowell Properties, LLC, by the execution of this Agreement and the assumption of the obligations set forth herein, have acquired vested rights to operate, maintain and reconstruct the Billboard in accordance with the terms and conditions of this Agreement. It is the intent of the parties that this Agreement, and Stowell's and Stowell Properties, LLC's significant reliance and substantial change in position based upon the terms contained herein, creates vested rights in Stowell and Stowell Properties, LLC for the Term of this Agreement, which vested rights have substantial economic value and which shall be recognized in the existing and subsequent regulations affecting the Billboard as may then exist. For the term of this Agreement, the City agrees that it shall not take any official action, including, but not limited to, administrative or enforcement actions, or enact any ordinance or regulation that is inconsistent with, or otherwise deprives Stowell and Stowell Properties, LLC of their vested rights under this Agreement. Specifically, without limitation, the City shall not, during the Term of this Agreement: FTL:1812890:3 -8- A. Require removal of the Billboard except in accordance with Section V above; or B. Enact an amortization or other removal provision affecting the Billboard. VII. Release and Waiver: The City hereby releases and forever discharges Stowell and Stowell Properties, LLC (and Stowell Properties, LLC's owner, manager, officers, directors, employees and agents) from any and all claims, actions, causes of action, damages and costs arising out of violations, alleged or actual, of the City's Code, which have been brought, or might have been brought, as of the time of this Agreement as to the Billboard. Stowell and Stowell Properties, LLC hereby release and discharge the City, its officers, elected officials, agents and employees, from any and all claims, actions, causes of action, damages and costs arising out of the City's Code as to the Billboard, including, but not limited to, violations, alleged or actual, of the City's Code. Except as provided by this Agreement, Stowell and Stowell Properties, LLC specifically waive all rights to challenge the validity, constitutionality or enforceability of the City's Code, as amended, as to the Billboard; provided, however, that the City and Stowell and Stowell Properties, LLC shall not be deemed to have waived or abandoned any right to bring an action to enforce the terms, conditions and limitations of this Agreement. VIII. Notices: All notices and other communications required or permitted to be given hereunder shall be in writing and shall be mailed by certified or registered mail, postage prepaid, or by Federal Express, Airborne Express, or similar overnight delivery service, addressed as follows: FTL:1812890:3 -9- FTL:1812890:3 If to City: City of Clearwater Post Office Box 4748 Clearwater, Florida 33758-4748 Attn: City Manager (727) 562-4040 With Copies To: City of Clearwater Post Office Box 4748 Clearwater, Florida 33758 Attn: Pamela K. Akin, Esq. (727) 562-4010 and Rogers Towers, P.A. 1301 Riverplace Boulevard, Suite 1500 Jacksonville, Florida 32207 Attn: William D. Brinton, Esq. (904) 398-3911 If to Stowell and Stowell Properties, LLC: Stowell Properties, LLC 2873 Thorton Road Clearwater, FL 34619 Attn: Mr. Allan J. Stowell With Copies To: Ruden, McClosky, Smith, Schuster & Russell, P.A. 200 East Broward Boulevard Post Office Box 1900 Fort Lauderdale, FL 33302 Attn: Glenn N. Smith, Esq. (954) 527-2466 -10- IX. Further Representations and Warranties: Stowell and Stowell Properties, LLC hereby represent and warrant to the City that (a) Stowell Properties, LLC is a limited liability company in good standing under the laws of the State of Florida; (b) Stowell Properties, LLC is duly authorized to transact business in the State of Florida; and (c) Stowell Properties, LLC has taken all corporate actions necessary to authorize this Agreement. The City hereby represents and warrants to Stowell Properties, LLC and Stowell that: (a) the City is empowered to enter into this Agreement; (b) this Agreement has been duly authorized by the City Council of the City pursuant to the requirements of Florida Law as of the Effective Date. X. Enforcement: In the event of a default under this Agreement, and as a condition of any party exercising any enforcement remedies, the non-defaulting party shall provide written notice of such default to the defaulting party. The defaulting party shall have ninety (90) days to cure such default. If the defaulting party fails to cure within ninety (90) days, then the non-defaulting party shall be entitled to seek the remedies of specific performance and injunctive relief and shall be entitled to an Order of the Court to enforce this Agreement and other equitable relief as the Court may deem just. If Stowell Properties, LLC fails to remove the Billboard by the Termination Date, no notice of default shall be required and the City shall be entitled to the following remedies: 1) the City shall be entitled to recover from Stowell and Stowell Properties, LLC, jointly and severally, the sum of $1,000.00 for each day subsequent to the deadline that such Billboard is not physically removed; 2) after the expiration of the Term of this Agreement plus one (1) day, the City shall be entitled to enter on the Stowell LLC Property to remove the Billboard and shall recover the costs of said removal from Stowell and Stowell Properties, LLC. FTL:1812890:3 -11- The parties agree that the intent of these remedies is to provide a disincentive to any breach of the mandatory removal provisions of this Agreement. XI. Entire Agreement: This is the entire Agreement by and between the City, Stowell and Stowell Properties, LLC, and no verbal or written assurances or promises by any party hereto is effective or binding unless included in this document, or a written supplemental agreement has been signed by all parties to this Agreement. XII. Binding Effect: The parties agree that this Agreement shall be binding upon, and shall inure to the benefit of, the City, Stowell and Stowell Properties, LLC, and their subsidiaries, affiliates, successors and assigns. Further, the parties agree that they will not challenge the adoption of, or the validity, constitutionality, or enforceability of any of the provisions contained within this Agreement. Stowell agrees to not transfer or otherwise convey any ownership interest in any of the Billboard, unless the transferee shall execute and deliver to the City an agreement to be bound by the terms and conditions of this Agreement, which agreement shall be in substantially the form attached hereto as Exhibit F. XIII. Dismissal of the MCEB Appeal and Vacation of MCEB Order; Entry of Final Judgment by the Circuit Court Approving Settlement Agreement; FDOT Final Order: Within five (5) days following the Effective Date of this Agreement, Stowell, and the City shall file a Joint Motion in the MCEB Appeal in the form attached as Exhibit G for the dismissal of the MCEB Appeal and the Vacation of the MCEB Order. Within five (5) days of the Effective Date of this Agreement, Stowell, Stowell Properties, LLC and the City shall file a Joint Motion in the Clearwater-Stowell 2006 Lawsuit in FTL:1812890:3 -12- the form attached hereto as Exhibit H, for the Circuit Court's approval of the Settlement Agreement and for the entry of a Stipulated Final Judgment in the Stowell-Clearwater 2006 Lawsuit. The parties also agree that the FDOT Final Order shall remain in effect and applicable to the Billboard to require removal of the Billboard and relinquishment of the State tags on the Termination Date, if the Billboard is not physically removed as of the Termination Date. The parties acknowledge that the provisions of this paragraph are not mandatory on FDOT, but are subject to acceptance by FDOT. XIV. Third Party Challenge: In the event this Agreement is invalidated by a third party, the parties hereto shall then be returned to their respective legal positions as existed on the Effective Date. XV. Compromise of Disputed Claims: The parties acknowledge that this Agreement is a compromise resolution of disputed claims and agree that it shall never be treated as an admission or evidence of liability by any of them for any purpose whatsoever. XVI. No Third Party Beneficiaries: This Agreement is intended for the sole benefit of the parties and their successors or assIgns. No other person or entity shall have any right of action hereunder or be deemed to be a third party beneficiary of any provision contained herein. XVII. Prevailing Party Attorneys' Fees: In the event that any legal action is brought to enforce this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs, whether incurred during negotiations, preparation for trial, trial and at all appellate levels. FTL:1812890:3 -13- IN WITNESS WHEREOF, the parties hereto have caused is Agreement to be executed by their undersigned officials as duly authorized. ALLEN J. STOWELL STATE OF FLORIDA ) ) SS: COUNTY OF ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State Florida and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by ALLEN J. STOWELL, freely and voluntarily. He is personally known to me or who has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this _ day of , 2006. Notary Public Typed, printed or stamped name of Notary Public My Commission Expires: FTL:1812890:3 -14- STOWELL PROPERTIES, LLC By: Print Name: Title: STATE OF FLORIDA ) ) SS: COUNTY OF ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State Florida and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by , the of Stowell, Properties, LLC, a Florida corporation, freely and voluntarily under authority duly vested in him/her by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. He/she is personally known to me or who has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this _ day of , 2006. Notary Public Typed, printed or stamped name of Notary Public My Commission Expires: FTL:1812890:3 -15- Countersigned: CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk STATE OF FLORIDA COUNTY OF PINELLAS ) ) The foregoing instrnment was acknowledged before me this day of , 2006, by FRANK V. HIBBARD, Mayor of the City of Clearwater, who is personally known to me. Print/Type Name: Notary Public STATE OF FLORIDA ) ) SS: COUNTY OF PINELLAS The foregoing instrnment was acknowledged before me this day of ,2006, by WILLIAM B. HORNE II, City Manager of the City of Clearwater, who is personally known to me. Print/Type Name: Notary Public FTL:1812890:3 -16- , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ,.. :~ . ..... ,~ -~ '..... '~ -i1"\; -. - ., . ~-.- ',:..:... .,,~ '1>iji'E~~~~ Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve an increase of $15,000, from the current exemption of $10,000 to the maximum allowance of $25,000, to the Additional Homestead Exemption for certain qualifying low income senior citizens and pass Ordinance 7686-06 on first reading. SUMMARY: In September 2005 the City Council adopted Ordinance #7499-05 which granted a $10,000 homestead exemption to certain qualifying low income senior citizens beginning in tax year 2006. Staff recommends adopting Ordinance 7686-06, Increased Homestead Exemption for persons 65 and Older, to increase the additional exemption from $10,000 to the $25,000 maximum allowed by state law for tax year 2007 and subsequent years. The Florida Constitution grants many residents an exemption of $25,000 from their property's assessed value when tax levies are determined. A 1998 constitutional provision allows municipalities to grant an additional limited homestead exemption to senior citizens that meet certain income criteria. To be eligible, the person requesting the exemption must be 65 years of age, have household income below the set threshold ($20,000 in 2000, adjusted annually), and the property must qualify for the original homestead exemption. Type: Current Year Budget?: Other No Budget Adjustment: No Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Annual Operating Cost: Total Cost: to Review Approval: 1) Clerk ORDINANCE NO. 7686-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING CHAPTER 29 OF THE CLEARWATER CODE OF ORDINANCES TO INCLUDE ,A. NEVV ARTICLE ENTITLED "ADDITIONAL HOMESTEAD EXEMPTION FOR PERSONS 65 AND OLDER" ; PROVIDING FOR AN /\DDITION^L $10,000 HOMESTE^D EXEMPTION FOR QUALIFIED SENIOR CITIZENS; PROVIDING TERMS AND CONDITIONS OF ENTITLEMENT; PROVIDING FOR SEVERABILITY AND REPEALER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, ON November 3, 1998 an amendment to the Florida Constitution was approved providing for an additional homestead exemption to certain qualifying senior citizens; and WHEREAS, the City Council desires to implemented the additional homestead exemption for qualifying senior citizens in accordance with the provisions of Section 196.075 of Florida State Statutes and WHEREAS, the City Council desires the provide this additional tax relief to its senior citizens and has determined that the adoption of this ordinance serves to protect the health, safety and welfare of the general public; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. That Chapter 29 of the Code of Ordinances, Article V., Section 29.93(a) is amended to read as follows: Sec. 29.93 Additional homestead exemption; eligibility; application. (a) Any person 65 years of age or older who has the legal or equitable title to real estate located within the City and who maintains thereon his or her permanent residence, which residence qualifies for and receives homestead exemption pursuant to Section 196.031, Florida Statutes, and whose household income does not exceed $20,000.00 or such amount as is adjusted pursuant to Section 29.94 herein, may apply for an additional homestead exemption of $10,000.00 as provided in this article. Section 2. The City Clerk, shall prior to December 1, ~, provide a copy of this Ordinance to the Pinellas County Property Appraiser; and, in the event this Section of Ordinance No. 7686-06 the Code of Ordinances is subsequently repealed or amended, notification of such repeal or amendment shall be provided to the Pinellas County Property Appraiser no later than December 1 st of the year prior to the year in which the homestead exemption provided herein expires or is modified. Section 3. In the event that any portion of this Ordinance is, for any reason, held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this Ordinance. Further, in the event this Ordinance or any provision hereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other persons, property, or circu mstance. Section 4. That all ordinances or parts thereof that are in conflict with this Ordinance be and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon final passage and adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7686-06 , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ,.. :~ . ..... ,~ -~ '..... '~ -i1"\; -. - ., . ~-.- ',:..:... .,,~ '1>iji'E~~~~ Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve renewal of a lease agreement between the YWCA of Tampa Bay, Inc. and the City of Clearwater for the premises located at 612 Franklin Street, Clearwater, Florida, for a period of three years commencing on November 1, 2006, and terminating on October 31, 2009, at a rental of $1.00 per year and authorize the appropriate officials to esecute same. (Consent) SUMMARY: . On November 1, 2001, the City Commission (now known as the City Council) approved a lease agreement between the YWCA of Tampa Bay and the City of Clearwater for the premises located at 612 Franklin Street in Clearwater for a period of five years commencing on November 1,2001 and terminating on October 31,2006, at a rental of $1.00 per year. The premises have been utilized to create and operate a central "one-stop" facility that houses many relevant services needed by Clearwater's Hispanic community. . The Hispanic Outreach Center (HOC) and the attendant community programs are the result of a very successful partnership between the YWCA and the Clearwater Police Department. It is a partnership that has produced much public acclaim and numerous awards. . The YWCA and the Police Department wish to continue this partnership and renew the lease for the premises housing the HOC for an additional 3 years in order that the Hispanic community can continue to receive the much-needed services provided there. . A current listing of the primary services/programs currently offered at the HOC includes: . Office space for the Lessor's Police Department Hispanic Outreach Officer. This police officer serves as the Clearwater Police Department's primary liaison with the Hispanic community and is responsible for organizing and implementing the Police Department's Hispanic Outreach Program. . Interpreter and victim advocacy services provided by the Lessee. The program is currently funded by Justice Assistance Grant funds. The Lessee will be responsible for continued funding of this program for the three-year period of its agreement with the Lessor. . Other advocacy or intervention services. These services will respond to the needs of the Hispanic community and may include health matters, legal issues, and other concerns identified by the Hispanic community, the YWCA, or the Clearwater Police Department. . ESOL and Spanish language classes coordinated by the Lessee. The Lessee will coordinate the provision of English For Speakers of Other Languages (ESOL) classes at the Hispanic Outreach Center. The Lessee may also make available Spanish language classes to provide Lessor's employees the opportunity to learn to speak Spanish. . Health outreach and nutrition education services. . Multi-purpose training room. To be jointly used by the Lessee and Lessor. . Youth services. Lessee will administer various Youth Programs targeted toward at-risk youth from Hispanic and other ethnic or language groups. These programs will focus on risk reduction and the development of individual and leadership skills needed in adulthood. . The YWCA will be responsible for all maintenance of the inside of the premises and for all utility costs. The City will be responsible for all maintenance of the exterior of the premises, including the building and grounds. Either party may terminate the agreement on thirty days written notice if any single item of maintenance or repair exceeds $10,000. A copy of the agreement is available for review in the Office of Records and Legislative Services. Type: Current Year Budget?: Other None Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Annual Operating Cost: Total Cost: to Review Approval: 1) Clerk LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into this 1st day of November, 2006, by and between the CITY OF CLEARWATER, a Florida Municipality, herein called the "Lessor," and the YWCA OF TAMPA BAY, a Florida Corporation non-profit, herein called the "Lessee." This agreement represents the whole and entire agreement between Lessor and Lessee and the following articles and sections are herein incorporated: ARTICLES Article I. TITLE Article II. TERM Article III. LEASEHOLD Article IV. RIGHTS AND RESPONSIBILITIES Section 1. Use of Premises Section 2. Designated Parking Area Section 3. Annual Report Required Section 4. Maintenance of Premises Section 5. Repair and Improvements Section 6. Utilities Section 7. Quiet Enjoyment Article V. LEASE RENTAL FEES AND PAYMENTS Article VI. TAXES Article VII. INSURANCE Section 1. Minimum Scope of Insurance Section 2. Minimum Limits ofInsurance Section 3. Additional Named Insured Section 4. Verification of Coverage Article VIII. CASUAL TY DAMAGE TO PREMISES Section 1. Reparable Damage Section 2. Catastrophic Damage Section 3 . Waiver of Recovery Rights Article IX. LIABILITY AND INDEMNIFICATION Article X. AMERICANS WITH DISABILITIES ACT Article XI. NON-DISCRIMINATION Section 1. No Exclusion From Use Section 2. No Exclusion From Hire Section 3. Observation of Various Laws Section 4. Breach of Nondiscrimination Covenants Article XII. DISCLAIMER OF WARRANTIES Article XIII. ASSIGNMENT OF LEASE Article XIV. DEFAULT AND TERMINATION Article XV. NOTICE Article XVI. EFFECTIVE DATE WITNESSETH: WHEREAS, the Lessor has ownership of and control over the use of the City-owned structures and premises now known as 612 Franklin Street, Clearwater, Florida 33756; and WHEREAS, Lessee desires to use such premises for public purposes; and WHEREAS, Lessor desires to lease out such premises; NOW, THEREFORE, in consideration of the Premises and the mutual covenants contained in this Agreement, the Lessor and Lessee hereby agree as follows: ARTICLE I. TITLE The title of this lease is the YWCA OF TAMPA BAY lease. ARTICLE II. TERM The term of this lease shall be for a period of three (3) years commencing on the first day of November, 2006 and continuing through the 31st day of October, 2009 (the Termination Date), unless earlier terminated under the terms of this agreement. ARTICLE III. LEASEHOLD The Lessor leases to the Lessee the following described property, including all improvements thereon, located in Pinellas County, Florida, to wit: A parcel ofland being the West 24.7 feet of Lot 13, all of Lot 14 and the East 8 feet of Lot 15, Block 7, MAGNOLIA PARK SUBDIVISION, according to the plat thereof, recorded in Plat Book 3, Page 43, Public Records of Pinellas County, Florida; AND The East 25.3 feet of Lot 13 and the West 10 feet of Lot 12, all in Block 7, MAGNOLIA PARK SUBDIVISION, according to the plat thereof as recorded in Plat Book 3, Page 43, Public Records of Pin ell as County, Florida, (ALSO KNOWN AS 612 Franklin Street, Clearwater, Florida.) ARTICLE IV. RIGHTS AND RESPONSIBILITIES Section 1. Use of Premises. a) Lessee shall use the demised premises for implementation of a Hispanic Community Services Center, to be known as "Centro Apoyo Hispano" (Hispanic Outreach Center). Page 2 of 10 b) The Lessee is authorized and agrees to make the leased premises available for the following listed activities: Office space for the Lessor's Police Department Hispanic Outreach Officer. This police officer serves as the Clearwater Police Department's primary liaison with the Hispanic community and is responsible for organizing and implementing the Police Department's Hispanic Outreach Program. Interpreter and victim advocacy services provided by the Lessee. The program is currently funded by Justice Assistance Grant funds. The Lessee will be responsible for continued funding of this program for the three-year period of its agreement with the Lessor. Other advocacy or intervention services. These services will respond to the needs of the Hispanic community and may include health matters, legal issues, and other concerns identified by the Hispanic community, the YWCA, or the Clearwater Police Department. ESOL and Spanish language classes coordinated by the Lessee. The Lessee will coordinate the provision of English For Speakers of Other Languages (ESOL) classes at the Hispanic Outreach Center. The Lessee may also make available Spanish language classes to provide Lessor's employees the opportunity to learn to speak Spanish. Health outreach and nutrition education services. Multi-purpose training room. To be jointly used by the Lessee and Lessor and other parties as coordinated by the lessee. Youth services. Lessee will administer various Youth Programs targeted toward at-risk youth from Hispanic and other ethnic or language groups. These programs will focus on risk reduction and the development of individual and leadership skills needed in adulthood. c) The Lessee is further authorized to make a reasonable charge or charges to the approved group(s) using the premises, said charges to be authorized by the City Manager or his designee and used to defray the cost of maintaining the premises. d) Lessee covenants and agrees to make no unlawful, improper or offensive use of the leased premises. At the termination of this lease, Lessee agrees to return the premises to the Lessor in as good condition as at the effective date of this agreement, subject only to normal wear and tear. Section 2. Designated Parking Area. Lessee understands and agrees that the primary parking area for its guests is the designated parking area located on the east side of the structure located on the premises. The primary parking area for Lessee's staff is the top level of the MSB Garage at 640 Pierce Street. Page 3 of 10 Section 3. Annual Report Required. The Lessee agrees to submit an annual report to the City Manager, not later than January 31st of each calendar year, summarizing the use and services rendered by the lessee while occupying the leased premises. Section 4. Maintenance of Premises. The Lessee shall properly maintain the leasehold in a clean and orderly condition. The Lessee shall be responsible for maintenance of the interior ofthe structures, including HV AC systems, interior electrical and plumbing systems, and playground located at the premises. The Lessor shall be responsible for maintenance of the exterior of the building and grounds at the premises, such as lawn mowing, landscaping, painting, roof repairs, and other exterior maintenance caused by normal use and weather exposure. In the event that any single item of maintenance or repair exceeds $10,000, the Lessee or Lessor may terminate this lease on thirty days written notice to the other party to this lease. Section S. Repairs and Improvements. a) Lessee may make whatever repairs, alterations and improvements to the premises it deems necessary, providing that the Lessor first agrees in writing to any such actions to repair, alter or improve the premises. If the property's physical condition falls into a state of disrepair in the opinion of the City Building Official, the Lessor may terminate this Agreement upon fifteen (15) days written notice. b) Repairs, alterations or improvements attached to the premises shall become the property of Lessor upon the termination or expiration of this lease or any extension hereof unless otherwise indicated by Lessor. Section 6. Utilities. Lessee shall pay all bills for electrical and utility services before such bills become delinquent. Section 7. Ouiet Enjoyment. Upon payment the rents herein required, and upon observing and performing the covenants, terms and conditions required by the lease, the Lessee shall peaceably and quietly hold and enjoy the leased premises for the term of the lease without hinderance or interruption by the Lessor. ARTICLE V. LEASE RENTAL FEES AND PAYMENTS For the sum of One Dollar ($1.00), which the receipt and sufficiency of is hereby acknowledged, and in consideration of the promises and covenants set forth herein, Lessor hereby grants to Lessee and Lessee accepts from Lessor, this nonexclusive lease, right and privilege to use the property described herein. ARTICLE VI. TAXES Lessee agrees to pay any real property taxes that may be assessed and levied on the property or on the leasehold created by this document. Any taxes due for a portion of any year shall be prorated between the Page 4 of 10 parti es. ARTICLE VII. INSURANCE Lessee shall procure and maintain during the term of this Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with this lease. Section 1. Minimum Scope of Insurance. A Commercial General Liability policy covering the leased premises and Lessee activities occumng thereon shall be obtained and maintained in force by the Lessee. Section 2. Minimum Limits of Insurance. Commercial General Liability Insurance procured in accordance with this article shall have minimum coverage limits of $1,000,000 Bodily Injury and property damage arising out of anyone (1) occurrence. Further, Lessor shall, from and after the Commencement Date, keep insured through self-insurance or otherwise the building(s) upon the premises against loss or damage by fire and windstorm and other covered casualties. Worker's Compensation coverage shall be procured for all employees in an amount at least equal to the statutory limits of coverage according to applicable State and Federal laws. In addition, the policy shall include employer's liability coverage with a limit of $500,000 per occurrence. Section 3. Additional Named Insured. Except for Workers' Compensation, each insurance policy issued as a requirement of this agreement shall name the City of Clearwater, Lessor, as additional named insured. The coverage shall contain no special limitations on the scope of the protection afforded to the Lessor, its officers, employees or volunteers. Section 4. Verification of Coverage. Lessee shall furnish the Lessor with Certificates of Insurance with all endorsements affecting coverage required by this article. These forms shall be received and approved by the Lessor's Risk Manager upon execution of this Lease agreement by both parties to this agreement. ARTICLE VIII. CASUALTY DAMAGE TO PREMISES Section 1. Reparable Damage. Any time the building or premises is damaged or destroyed to the extent that the Lessee cannot therefore conduct its activities and the Lessor determines that the demised premises can be restored by making appropriate repairs, Lessee shall effect such repairs expeditiously and to the satisfaction of the City's Building Official. Page 5 of 10 Section 2. Catastrophic Damage. In the event of total destruction of or catastrophic damage to the demised premises, the Lessee or Lessor may terminate this lease as of the date of such damage or upon thirty (30) days written notice to the other party to this lease. Section 3. Waiver of Recoverv Rights. Both parties waive any and all rights of recovery against the other party for any direct or indirect loss occurring to the demised premises in the event of damage categorized in Sections 1 and 2 above which is covered by insurance. ARTICLE IX. LIABILITY AND INDEMNIFICATION Lessee agrees to assume all risks of the Premises and all liability therefore, and shall defend, indemnify, and hold harmless the Lessor, its officers, agents, and employees from and against any and all loss, liability and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property except arising from the negligence or willful misconduct of Lessor or Lessor's agents or employees. This includes, but is not limited to, matters arising out of or claimed to have been caused by or in any manner related to the Premises or Lessee's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by Lessee in or about the Premises whether or not based on negligence. ARTICLE X. AMERICANS WITH DISABILITIES ACT Lessee hereby affirms its intention to take any and all such actions that are reasonable and prudent to comply with the Americans With Disabilities Act of 1990 (knows as the "ADA"). These would include modifications to the structure, revisions in operations and supporting communications capabilities and procedures and changes in functional location and layout. ARTICLE XI. NON-DISCRIMINATION Notwithstanding any other provision of this lease agreement, during the performance of this agreement, Lessee for itself, personal representatives, successors in interest and assigns, as part of the consideration for this agreement, does covenant and agree that: Section 1. No Exclusion From Use. No person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the use of the premises on the grounds of race, color, religion, sex, handicap, age, or national ongm. Section 2. No Exclusion From Hire. In the construction of any improvements on, over, or under the premises, and the furnishing of services Page 6 of 10 therein or thereon, no person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination on the grounds of, or otherwise be subjected to discrimination on the grounds of race, color, religion, sex or national origin. Section 3. Observance of Various Laws. The Lessee shall observe the following laws: Section I of the 14th Amendment, The Equal Pay Act, The Civil Rights Acts of 1866 and 1870, the Vietnam Era Veterans Readjustment Act, the standards of Merit System Personnel Administration, Executive Order 12246 as amended, Revised Order 4, the Age Discrimination Act of 1967, the Rehabilitation Act of 1975, Executive Order 11914 and the Americans With Disabilities Act of 1990. Section 4. Breach of Nondiscrimination Covenants. In the event of breach of any of the above nondiscrimination covenants, which breach has been finally adjudicated by an appropriate agency or court oflaw, the Lessor shall have the right to terminate this lease and to re-enter and repossess the premises and hold the same as if said agreement had never been made or issued. This provision does not become effective until the procedures of 49 Code of Federal Regulations ("CFR") Part 21 have been followed and completed, including expiration of appeal rights. ARTICLE XII. DISCLAIMER OF WARRANTIES This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not be changed, modified or discharged except by written Amendment duly executed by both parties. Lessee agrees that no representations or warranties shall be binding upon the Lessor unless expressed in writing herein or in a duly executed Amendment hereof. Further, Lessor does not warrant and hereby disclaims any and all liability and responsibility for or on account of the condition of the Premises, or any portions thereof, or for or on account of anything affecting such conditions. ARTICLE XIII. ASSIGNMENT OF LEASE This Lease, or any part thereof or interest therein, may not be assigned, transferred or subleased by Lessee without the" consent of the Lessor, which consent shall not unreasonably be withheld. It is understood and agreed that the Lessor may, at any time, with notice, assign or delegate any or all of its rights hereunder. ARTICLE XIV. DEFAULT AND TERMINATION Section 1. Termination bv Lessee. This Agreement shall be subject to termination by Lessee in the event of the following: Material default by the Lessor in the performance of any of the terms, covenants or conditions of this agreement, and in the failure of the Lessor to remedy, or undertake to remedy, to Lessee's satisfaction, such default for a period of thirty (30) days after receipt of notice from Lessee to remedy the same. Page 7 of 10 Section 2. Termination by Lessor. This Agreement shall be subject to termination by the Lessor in the event of anyone or more of the following events: a) Lessor determines at a duly constituted City Council meeting that the building or property (said premises) is needed for other municipal services and serves Lessee with sixty (60) days notice of such intended use. b) Lessor determines that the premises are so extensively damaged by some casualty that it is impractical or inequitable to repair such leased premises. c) The material default by Lessee in the performance of any of the terms, covenants or conditions of this Lease Agreement, and in the failure of the Lessee to remedy, or undertake to remedy, to Lessor's satisfaction such default for a period of thirty (30) days after receipt of notice from Lessor to remedy same. d) The Lessor determines that a municipal need exists consistent with the City's charter. e) Lessee's vacating or abandoning the premises. Section 3. Exercise. Exercise of the rights oftermination set forth in Sections 1 and 2 above shall be by notice to the other party. Forbearance oftimely notice sh~ll not be deemed a waiver of any breach. Section 4. Removal of Property. Upon termination of this agreement for any reason, Lessee, at its sole expense, shall remove from the Premises all signs, trade fixtures, furnishings, personal property, equipment and materials which Lessee was permitted to install or maintain under the rights granted herein. Lessor may effect such removal at Lessee's expense should Lessee fail to remove said installed property within thirty (30) days notice. Lessee agrees to pay Lessor promptly in the event of such circumstance upon presentation of a proper invoice. Section 5. Causes of Breach and Waiver. a) Neither party shall be held to be in breach of this Agreement because of any failure to perform any of its obligations hereunder if said failure is due to any cause for which it is not responsible and over which it has no control; provided, however, that the foregoing provision shall not apply to a failure of Lessee to provide the amounts of insurance contained in Article VII of this Agreement. b) The waiver of any breach, violation or default in or with respect to the performance or observance of the covenants and conditions contained herein shall not be taken to constitute a waiver of any subsequent breach, violation or default in or with respect to the same or any other covenant or condition hereof. Page 8 of 10 Section 6. Attornev's Fees. In case suit is brought for recovery of the premises or because of any breach of the Lease, the prevailing party shall be entitled to a reasonable attorney's fee and costs. ARTICLE XV. NOTICE Any notice given by one party to the other in connection with the Lease shall be sent by certified mail, return receipt requested, with postage and fees prepaid: 1. Uto the Lessor, addressed to: City Manager City of Clearwater P. O. Box 4748 Clearwater, Florida 33758-4748 2. Uto the Lessee, addressed to: YWCA of Tampa Bay Administrative Office 655 Second Avenue South S1. Petersburg, FL 33701 ARTICLE XVI. EFFECTIVE DATE The effective date of this lease shall be the 1 st (first) day of November, 2006. Page 9 of 10 IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ,2006. day of ACKNOWLEDGEMENTS: YWCA of Tampa Bay lease Countersigned: Frank Hibbard Mayor Approved as to form: RW llNlfr Robert J. ette Assistant City Attorney WITNESSES as to Le~see: . ,-x~~ vl/}~~tzt-_c t' \... CITY OF CLEARWATER By: ?i!l ~ B111 Home City Manager Attest: Cynthia E. Goudeau City Clerk YWCA OF TAMPA BAY By: d(0~1\ J-(^'lCl,ttt~ ~)eQltf4 Susan Finlaw-Dtsseault Chief Executive Officer Page 10 of 10 , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ,.. :~ . ..... ,~ -~ '..... '~ -i1"\; -. - ., . ~-.- ',:..:... .,,~ '1>iji'E~~~~ Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve amending the Code of Ordinances to establish the Construction Project Delivery Method referred to as "Design-Build" and the procedure to be followed in selecting firms to provide Design Build Services and Negotiating Design-Build Contracts; amending Section 2.541 to add design-build definitions and creating a new Section 2.601 to outline procedures for awarding design-build contracts and pass Ordinance 7654-06 on first reading. SUMMARY: Public Works Administration has investigated alternative construction delivery methods in an attempt to establish flexibility in the delivery of construction projects. We desire the ability to better control costs especially during this time of uncertainty in the construction market, specifically but not limited to long term and high dollar projects. In order to accomplish this, use of an alternative delivery method referred to as "design-build," which is a construction project delivery method or approach involving a single contract for both the design and construction of a project, is requested. The design-build construction project delivery method and the procedures for awarding such a contract are authorized per Florida Statute Section 287.055 and Florida Administrative Code 60D- 13.001 - 13.009. Upon approval of Council, the award of a single design-build contract may, in addition to the design and construction of the project, include the financing, operation and/or maintenance of the project over the contractually defined period of time. Request for proposals are solicited from designlbuilders, usually teams of contractors and designers, during the conceptual design phase. This ordinance will allow us to use the Design-Build delivery method for future projects. Review Approval: 1) Clerk ORDINANCE NO. 7654-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CODE OF ORDINANCES TO ESTABLISH THE CONSTRUCTION PROJECT DELIVERY METHOD REFERRED TO AS "DESIGN-BUILD" AND THE PROCEDURE TO BE FOLLOWED IN SELECTING FIRMS TO PROVIDE DESIGN- BUILD SERVICES AND NEGOTIATING DESIGN-BUILD CONTRACTS; AMENDING SECTION 2.541 TO ADD DEFINITIONS AND CREATING A NEW SECTION 2.601 TO OUTLINE PROCEDURES FOR AWARDING DESIGN-BUILD CONTRACTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City desires to have the option of utilizing, when applicable, the construction project delivery method hereinafter defined and referred to as "design-build"; WHEREAS, procedures are set forth herein to be followed in selecting firms to provide design-build services and in negotiating design-build contracts; and WHEREAS, the City herein fully complies with section 287.055, Florida Statutes and the authority therein granted the City to adopt an ordinance for the award of design-build contracts; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Division 3, Purchasing, Subdivision I, Generally, Section 2.541 Definitions of the City of Clearwater Code of Ordinances is hereby amended to add the following definitions: Design-build means a construction project delivery method or approach involving a single contract for both the design and construction of a project. Upon approval of Council, the award of a single design-build contract may, in addition to the design and construction of the project, include the financing, operation and/or maintenance of the project over the contractually defined period of time. Design-build contract means a single contract with a design-build firm for, at a minimum, the design and construction of a public construction project. Design-build firm means a partnership, corporation, or other legal entity which: (1) Is certified under section 489.119, Florida Statutes, to engage in contracting through a certified or registered building contractor as the qualifying agent; and Ordinance No. 7654-06 (2) Is certified under section 471.023, Florida Statutes, to practice engineering; certified under section 481.219, Florida Statutes, to practice or to offer to practice architecture; or certified under section 481.319, Florida Statutes, to practice or to offer to practice landscape architecture. Design criteria package or the design requirements shall mean concise, performance-oriented drawings or specifications of the public construction project. The purpose of the design criteria package is to furnish sufficient information so as to permit design-build firms to prepare a bid or response to a request for proposal, or to permit the City to enter into a negotiated design-build contract. The design criteria package shall specify such performance-based criteria for the public construction project, including, but not limited to, the legal description of the site; survey information concerning the site; interior space requirements; material quality standards; schematic layouts and features, functions, characteristics and other conceptual design criteria of the project; cost and budget estimates for design, construction and, if applicable, operation and maintenance; anticipated schedule(s) of design and construction components, including durations and start and completion dates; site development requirements; provisions for utilities; storm water retention and disposal; and parking requirements as may be applicable to the project. Design criteria professional means an individual or firm who holds a current certificate of registration under F.S. Ch. 481, to practice architecture or landscape architecture or a firm who holds a current certificate as a registered engineer under F.S. Ch. 471, to practice engineering and who is employed by or under contract to the City for the providing of professional architect services, landscape architect services, or engineering services in connection with the preparation of the design criteria package. Section 2. Division 3, Purchasing, Section 2.601 of the City of Clearwater Code of Ordinances, "Award of Design-Build Contracts," is hereby included as follows: (1) Purpose. This ordinance establishes uniform rules for the procurement and administration of design-build contracts for construction projects as contemplated by Section 287.055, Florida Statutes. (2) Selection of the Design Criteria Professional. The design criteria professional shall be selected and contracted in accordance with the requirements of Section 287.055(4) and (5), Florida Statutes, unless he or she is an employee of the City. The design criteria professional that prepares the design criteria package will not be eligible to render services under the design-build contract. (3) Design Criteria Package Requirements. A design criteria package shall be prepared for the City by the Design Criteria Professional. It shall specify performance criteria for the project including, but not limited to, size, net 2 Ordinance No. 7654-06 interior space provisions, location, material quality standards, cost, construction schedule, site development requirements, landscaping, grading, utility provisions for water, power, telephone, storm water disposal and parking provisions. The purpose of the package is to furnish sufficient information upon which firms may prepare bid proposals or upon which negotiations may be based. The firm to whom the design-build contract is awarded will be responsible for creation of the project design based on the criteria in the design criteria package. (4) Minimum Qualification Requirements for Firms Providing Design-Build Services. Firms must be qualified pursuant to rules of qualification for bid submittals found in Division 3, Purchasing, of the Code of Ordinances. (5) Public Announcement Procedures. The City shall publicly request, in a newspaper of general circulation and by posting notice at its offices, competitive proposals from design-build firms. The request shall provide a general description of the project and define procedures on how interested qualified firms may apply for consideration. (6) Certification and Competitive Selection. (a) The City shall determine the relative ability of each firm to perform the services required for each project. Determination of ability shall be based on staff training and experience, firm experience, location, volume of past contracts with the agency, financial capacity, past performance, and current and projected workloads. In making its determination the City shall interview no less than three firms to determine the firms' ability to provide services and commitment to meet time and budget requirements. (b) The City shall select no less than three nor more than six firms deemed to be most highly qualified to perform the required services, after considering the factors in (1) above. Each of these firms will be eligible for consideration in accordance with subsections (g) or (h), infra. (c) The City may determine that it is in the best interest of the City to negotiate instead of inviting competitive proposals when: i. The project is one with standard requirements such as an office building or a storage warehouse; or II. The project requires special expertise; or iii. There is a need to complete the project on an accelerated schedule. (d) When the City determines in writing that an emergency exists, a firm shall be selected by competitive negotiation under subsection (h), infra. (7) Competitive Proposals for Design-Build Services. 3 Ordinance No. 7654-06 (a) Unless negotiation is authorized, proposals will be received from those qualified firms determined eligible under subsection (f), supra. Proposals shall include proposed price and a conceptual design in response to the design criteria package. The City shall establish a relative weighing factor, that is, a maximum permissible score in the form of a percentage, for each proposed building system component of the design criteria package. The weighing factors shall total 1 00%. The City shall review the conceptual design proposed by each firm and give each component a score somewhere between zero and the maximum permissible score (the weighing factor) for the component. (b) The City will then total the score given for each proposed component and divide that score into the price proposed. The quotient will be the adjusted price. The low qualified proposer will then be that proposer whose adjusted price is lowest. The City shall approve an award to the firm with the lowest adjusted price and enter into a contract for the proposed price if the price is within the project budget. (8) Competitive Negotiation for Design-Build Services. (a) If negotiation is authorized, the City shall select no less than three firms in order of preference from those deemed to be most qualified to perform the required services under subsection (e), supra. In making its determination the City shall interview no less than three firms to determine their relative ability to meet time and budget requirements and to identify and establish the relative merits of each firm's approach to managing and scheduling the project. The City will then attempt to negotiate a contract with the most qualified firm. (b) When authorized, the City shall negotiate and enter into a contract for design-build services for the project with the firm authorized at compensation determined to be fair, competitive and reasonable. In making the determination, the City shall analyze the cost of the design- build services required, giving full consideration to the scope and complexity of the project. The compensation shall be on a guaranteed maximum price basis for all costs, which shall include reimbursable costs plus fixed lump sum fees for design, project management, overhead and profit. (c) Should the City be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, at a price the City determines to be fair, competitive and reasonable, negotiations with that firm shall be formally terminated. The City shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the City shall then undertake negotiations with the third most qualified firm. 4 Ordinance No. 7654-06 (d) Should the City be unable to negotiate a satisfactory contract with any of the selected firms, additional firms shall be selected in accordance with the provisions of this section. Negotiations shall continue in accordance with this section until an agreement is reached. (e) The award of a negotiated contract shall be approved by the City. (9) Public Emergency Exception. In the case of public emergencies, the City may declare an emergency and authorize negotiations with the best-qualified design-build firm available at that time. An emergency is a set of circumstances caused by a sudden unexpected turn of events (e.g., acts of God, riot, fires, floods, accidents or any circumstances or cause beyond the control of the City in the normal conduct of its business) where the delay incident to publication of the announcement and competitive proposals would result in an immediate danger to the public health, safety or welfare or other substantial loss to the City. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Carlos F. Colon Assistant City Attorney Cynthia E. Goudeau City Clerk 5 Ordinance No. 7654-06 , (. ~L~,rr.'Iu. A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Subordinate City right, title and interest in 33,526 square feet, more or less, of easements recorded in O. R. Book 2940, Page 48, O. R. Book 3146, Page 298 and O. R. Book 12596, Page 1358, Pinellas County public records (City Easements), to those Power Easements conveyed to Florida Power Corporation, d/b/a Progress Energy Florida, Inc., by New Zion Missionary Baptist Church dated October 20,2005, containing 6,567 square feet, more or less, and by Pathways Community Church, Inc. dated April 11, 2005, (acknowledged April 11, 2006) containing 33,397 square feet, more or less (Power Easements) as same may overlap and encroach upon City Easements, subject to reservations and provisions defined in the Easement Subordination instrument, and authorize appropriate officials to execute same. SUMMARY: The developer of CLEARWATER VILLAGE - PHASE ONE approached neighboring property owners, including the City, to convey easements to Progress Energy (PE) that will allow re-routing the existing electrical transmission line that traverses the length of Freedom Drive, the subdivision's only roadway. Council has acted earlier in this meeting to convey a 5,790 square foot easement to PE over and across a portion of Lot 19, E. A. MARSHALL SUBDIVISION, and former adjacent State Street right-of-way, for the purpose of installing and maintaining overhead electrical transmission and distribution lines and related facilities (New Easement). The New Easement facilitates relocating and extending the subject electric lines into the referenced Power Easements conveyed to PE by New Zion Missionary Baptist Church and Pathways Community Church, Inc. The City Easements already overlap and encumber major portions of the Power Easements. The City Easements are essential to constructing and maintaining the City's Spring Branch flood control project (Spring Branch) anticipated to commence in 2007. The City is currently seeking cooperative funding from the Southwest Florida Water Management District to fund 50% of project construction costs. While the subject action subordinates the City Easements to Progress Energy's authority vested by the Power Easements, the City explicitly reserves all rights and interests in the City Easements sufficient to construct and maintain Spring Branch, or modify the project so long as the changes do not unreasonably interfere with Progress Energy rights. City staff has determined that the rights being subordinated for the subject relocation will not inhibit the construction or maintenance of the Spring Branch project, as provided for in DEP Agreement W AP050. A copy of the Easement Subordination is available for review in the Office of Official Records and Legislative Services. Review Approval: 1) Clerk .. - - . . . ,@0};.~t~t!.~:':~~_, ~(,~t,DL~~z:;.i ~J:~tsr'tiTh~1 ~ ~ ~': '~f.~ ~ ~ ~:.~r~>, ft~.~ .~.: & \ ~;Trt. \ ". ~ I ~ ~- . . . ... - - ------ - . ~ ~.~:~.~< ~~I~~~ ~;/i, ;':'~.~\0'/~ ~, :~~/ .~r~\~(i :~.::.~.;?~,I:"-( ~~:~::.;~.~~.:~.:... . . -. ~- . . . _.~ . . ,-~...,~ . /: :,~">: :-..;!~.)~~;7~:-:;' t~) ~ >!.{ ~~~;~ ~~ j ~~~':~.~2-: ~.~:,:f; ..:~ .~v1.{.~ r~ rf.1jJ~.:~.~Y' ~.~k~7X~.~ ~:~~~~ . '.fGf5.Rfii';~H~:~~~'--" ,,- , ","', "., , . ~~.~.:f~~. IIl:.:.o::-.;"":-"..~ ~~~: ~j:^"~~\':':-,~,~~"i."'..~,,~.~i.::';:-': :~-;=.A.' .:~...' ~r~.."""-.~..': ~ -........:\ ~.r .-. . ......~ ..:.....;,..:..... ___..~ ~~ . '-::-_ ~.: I~,...:..>./. ~ j. ~:'-.l - . . .w..... -. ...... - .... --- . - --""..,., . - . . . ~ . . - . . !I:Il . . iii . I . . . . lR! . . -- - ...- . It..- . . . II . :6 ~ - . . . Il - - ....-- - - . . . . . ~flI m.um~_ - . ~ ... lI'; . - .. .-. ~- ~~fiij,~,~~~_."",- .. ~~~.-=..~-;z.- -. ..::~~-::.~~~::...:~..;_ ~.~ :~-~=:=:":'---"_.__"-:"'-----" - ,,:...'.=--~:;:~::... .~~ :7.~-'" ." - ~. .......- ~ .smnr. UJV lIJ1fHililii ~ ~ . . . . .,~~~~~:.f.;;~rt ~-l ~~.f'(:~:JP . .. ~lIjd Ii r-- Vllmllil-_l . ~ . . . . - . - . . -=-- .. . . . ~ . ~ lid . _rlflll~IfJII"'-~ . . . ~ . ~ . ....... -- . - - -- - ., ir . !::;; B . ~ - ~.& .. == - - - - .1 ~ .,..~~.I)t~;r~~. .I,~~~~:i \ : ~~~~. : ~~~~:~ ~<~~:-/ .:~~ ~t~. "'il_;Y~ _~_ . ~ 5 . 1'i.!i . . . ~ . ~~. ~ .i:"~~~ - . . ... . . . f;3 -- 0( . ---=- - - ..=-~-== == -=-, = .~- -- - . .. -.-- .. - - --.-- - - -.. -. - -- - -.. ... - .--- - ---. --- -. - - - --- -- ... . -... - . - - . . - . - - -- -... ;::! . . . , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' ,,~ :':: r:' ,~ C:i, "~'V8:<c ,="". ... :~ . ,.... ,~ -~ ...", '~ -i1"\; -. - ,. . ~-.- ',:..:... .,,~ '1>iji'E~~~~ Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Appoint one member to the Library Board with the term expiring on August 31, 2010. SUMMARY: BOARD: Library Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required STAFF LIAISON: Library Director RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 CHAIRPERSON: Jan Regulski MEETING DATES: 3rd Fri., 10:30 am PLACE: Library Conference Room APPTS. NEEDED: 1 DATE APPTS TO BE MADE: September 7,2006 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. Katherine Merriam - 2701 Regency Oaks Blvd., #AI12, 33759 - Original Appointment 08/06/98 Interest in Reappointment: No (Ending 2nd Term) THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. Michele F. Krentzman - 505 N. Glenwood Ave., 33755 - CPA/Self Employed Zip codes of current members on board: 2 at 337552 at 33759 1 at 33761 1 at 33764 1 at 33767 Review Approval: 1) Clerk 1'" ~',"" "-I" <'r ,"'" '.'>1' \',--~, l'~ "V t:- i b I..,,~_.... U NOV 2 4 2004 CITY OF CLEARWATER - APPLICATION FOR ADvlsaRyiBt:;~~~kDS ;\J\)[:, (must be Clearwater resident) LJ::: ~!\T;'/:C: SRVCS DEPr Home Address: 5()()- /0. G/ (2n wood 4 v~ CI.ea ru..b-ff r F L Zip 33 7) -S- Telephone: 1d--.l ~ t.fL/7 - (t7J,S~ How long a resident of Clearwater? 4D t.j rs , Occupation: C. p. f-J-. Employer: S elf - .t2 rn f 10 l-e.cl Field of Education:! :\Other Work Experience: "BA. U (\1'0, fj {;fajof' ~1<;;Jv F-.GJtJ lUiA ~il-t 0{ A ~ acc.Du Ylt-I ~ Plus sM/ ~ ((?LI U $"p) If retired, former occup~tion: ;J114- CommunityActivities:.{OYV\It-Qr' J3~rd ok DI(pcVlr rYrprnbe V' L-ecsue o~ 10o~V\ Ub+~rs) D&-.e'i\.t t+Qrd-r"jt' fo.v~) .YNlcJt:/ C'6Wlr11d+ees Other Interests: P 10 t'1 0 M a ~ C lap J ;hl1f'r} j L, e<<-'^ I ~ ~rzl'li<,1, Board Service (current and past): Board Preference: L vJ V &-bDV ~) -D DV1{? {l (,Ptl(R'\. T 1.. ~I I Name: If) t'Che/~ r. I)ren fz mttll"L- Office Address: 100/ P/I7t>/IaS- S+ {!(eCJuJo.Jq FL Zip Telephone: 7ri.. 7 - '-J. Vb ~ SK)"'8 'o' I P,RItK \( A])U l$oRY Additional Comments: J) (IfA'f~ ,~:t::ILf e;:;/j ~{~~ Q/}{A ~ 'f~ff~ ,/~__Th ~f I~ ~ ~ Signed:~=1 ~ Date: Il~O~ 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? ./J -#u.'~ ;tk ~/~ ,~ ./l.~~ ~ ~f~af ~7 ~~ /iP-lud _~A----:;:C/uvI, ~*~-g~t~ ~~. th..~~~~ ~ I?, ~ Urui:Ze~'~, 2. ~ve you ever observed a oard meeting ~rson or on c'-k, the City's TV station? ,00 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? 1J4/T1 .,J 'ffW~4M fwm U ct ~ ~ a~ ~ ~ t~~t~~~~ ~~ ~a ~ fr-/~~=!' J ~/ 0wf ~~~~r:::~~L~ 4. Why do you want to serve on this Board? ~ ?k~. ~ 7JJ-r;/ll:i -:bJ-. ~ on :;t:;k ,~ :/-AJ- (?~tiz ~ r ft /P{J ~ (h~.:L-e _//jJL/U;~AJU ;t:M n ~~~, Name: (h i ch.e ({2 F. Kre-n{'Z..f)Il~~ Board Name: L-- \ b r(AV~ Mll l sori , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' ,,~ :':: r:' ,~ C:i, "~'V8:<c ,="". ... :~ . ,.... ,~ -~ ...", '~ -i1"\; -. - ,. . ~-.- ',:..:... .,,~ '1>iji'E~~~~ Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Resolution 06-48, finding that significant legal rights will be compromised if litigation challenging amendments to the Pinellas County Charter does not proceed before the dispute resolution process established by Chapter 164, Florida Statutes. SUMMARY: The City Council of the City of Clearwater adopted Resolution 06-46 on August 3, 2006, authorizing the institution of litigation challenging placement on the November 7,2006 ballot, certain proposed amendments to the Pinellas County Charter. The City of Clearwater intends to seek injunctive relief to prevent the referenda election on the County Charter amendments from being included on the November 7, 2006 ballot; and If the City is unable to proceed with having this matter heard prior to the election of November 7, 2006, the City may waive certain legal arguments that it wishes to raise in its challenge to the referenda election. Section 164.1041(2) allows a governmental entity to determine that the dispute resolution process provided in Chapter 164 does not need to be followed upon a finding that significant legal rights will be compromised if a court proceeding does not take place before the dispute resolution process. Review Approval: 1) Clerk RESOLUTION NO. 06-48 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, FINDING THAT SIGNIFICANT LEGAL RIGHTS WILL BE COMPROMISED IF LITIGATION CHALLENGING AMENDMENTS TO THE PINELLAS COUNTY CHARTER DOES NOT PROCEED BEFORE THE DISPUTE RESOLUTION PROCESS ESTABLISHED BY CHAPTER 164, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council of the City of Clearwater adopted Resolution No. 06-46 on August 3, 2006 authorizing the institution of litigation challenging placement on the November 7, 2006 ballot, certain proposed amendments to the Pinellas County Charter; and WHEREAS, the City of Clearwater intends to seek injunctive relief to prevent the referenda election on the County Charter amendments from being included on the November 7, 2006 ballot; and WHEREAS, if the City is unable to proceed with having this matter heard prior to the election of November 7, 2006, the City may waive certain legal arguments that it wishes to raise in its challenge to the referenda election; and WHEREAS, Section 164.1041 (2) allows a governmental entity to determine that the dispute resolution process provided in Chapter 164 does not need to be followed upon a finding that significant legal rights will be compromised if a court proceeding does not take place before the dispute resolution process. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Clearwater, Florida : Section 1. Significant legal rights of the City will be compromised if the litigation challenging the referenda election concerning the Pinellas County Charter Amendments does not proceed before the dispute resolution process provided in Chapter 164 and, therefore, the City finds that pursuant to Section 164.1041 (2) the dispute resolution process does not need to be followed in this matter, prior to pursuing litigation. 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 Resolution 06-48 , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' ,,~ :':: r:' ,~ C:i, "~'V8:<c ,="". ... :~ . ,.... ,~ -~ ...", '~ -i1"\; -. - ,. . ~-.- ',:..:... .,,~ '1>iji'E~~~~ SUBJECT / RECOMMENDATION: SUMMARY: Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall Review Approval: 1) Clerk , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' ,,~ :':: r:' ,~ C:i, "~'V8:<c ,="". ... :~ . ,.... ,~ -~ ...", '~ -i1"\; -. - ,. . ~-.- ',:..:... .,,~ '1>iji'E~~~~ SUBJECT / RECOMMENDATION: SUMMARY: Meeting Date: 9/7 /2006 City Council Agenda Council Chambers - City Hall Review Approval: 1) Clerk