02/15/2007
City Council Agenda
Location: Council Chambers - City Hall
Date: 2/15/2007- 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 Service Awards
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4.2 Walk for Willa Fundraiser - Annie Tyrell.
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4.3 Step Up Florida and Move-it Move-it Challenge - Brian Kridler (YMCA)
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5. Approval of Minutes
5.1 Approve the minutes of the January 31, 2007, City Council meeting as submitted in written summation by
the City Clerk.
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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 Development Agreement between Triangle Old Bay Holdings, LLC, (the property owner)
and the City of Clearwater and adopt Resolution 07-02. (DV A2006-0000l)
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7.2 Declare as surplus for the purpose of offering for sale by Invitation For Bid No. 14-07 a vacant residential
lot legally described as Lot 12, PENNSYLVANIA SUBDIVISION at the minimum bid amount of
$30,000.
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8. Quasi-judicial Public Hearings
-Staff states and summarizes reasons for recommendation (2 minutes)
- Applicant presents case, including its testimony and exhibits. Witness
may be cross-examined (15 minutes)
- Staff presents further evidence. May be cross-examined (10 minutes)
- Public comment (3 minutes per speaker or 10 minutes maximum as
spokesperson for others that have waived their time)
- Applicant may call witnesses in rebuttal (5 minutes)
- Conclusion by applicant (3 minutes)
- Decision
8.1 Approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential
Low (RL) & Commercial General (CG) Categories to the City Residential Low (RL) & Commercial
General (CG) Categories and Zoning Atlas Amendment from the County R-4, One, Two & Three Family
Residential & C-2, General Retail Commercial and Limited Services Districts to the City Low Medium
Density Residential (LMDR) & Commercial (C) Districts for 205 North Belcher Road (2212-2216 Drew
Street & 2205 Norman Drive) (M/B 33/12 Lot 2,30, & 29 Block D, Temple Terrace Subdivision in
Section 7, Township 29 South and Range 16 East); and Pass Ordinances 7784-07, 7785-07 and 7786-07
on first reading.
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9. Second Readings - Public Hearing
9.1 Adopt Ordinance 7721-07 on second reading, amending Beach by Design by amending Section II, Future
Land Use, removing and replacing in its entirety Subsection c., The "Marina Residential" District.
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9.2 Adopt Ordinance 7723-07 on second reading, amending the Community Development Code by amending
Article 2, Zoning Districts, to amend use, maximum height and minimum setback requirements and to
amend off-street parking requirements, which are governed by Beach by Design.
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9.3 Adopt Ordinance 7725-07 on second reading, amending the Community Development Code sections
relating to occupational licenses.
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9.4 Adopt Ordinance 7755-07 on second reading, annexing certain real property whose post office address is
1761 Audrey Drive, into the corporate limits of the city and redefining the boundary lines of the city to
include said addition.
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9.5 Adopt Ordinance7756-07 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 1761 Audrey Drive, upon annexation into the City of Clearwater, as Residential Low.
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9.6 Adopt Ordinance 7757-07 on second reading, amending the Zoning Atlas of the City by zoning certain
real property whose post office address is 1761 Audrey Drive, upon annexation into the City of
Clearwater, as Low Medium Density Residential (LMDR).
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9.7 Adopt Ordinance 7758-07 on second reading, annexing certain real property whose post office address is
1416 Regal Road, into corporate limits of the city and redefining the boundary lines of the city to include
said addition.
@ Attachments
9.8 Adopt Ordinance 7759-07 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 1416 Regal Road, upon annexation into the City of Clearwater, as Residential Low.
@ Attachments
9.9 Adopt Ordinance 7760-07 on second reading, amending the zoning atlas of the city by zoning certain real
property whoe post office address is 1416 Regal Road, upon annexation into the City of Clearwater, as
Low Medium Density Residential (LMDR).
@ Attachments
9.10 Adopt Ordinance 7761-07 on second reading, annexing certain real property whose post office address is
1236 Claire Drive, into the corporate limits of the city and redefining the boundary lines of the city to
include said addition.
@ Attachments
9.11 Adopt Ordinance 7762-07 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 1236 Claire Drive, upon annexation into the City of Clearwater, as Residential Low.
@ Attachments
9.12 Adopt Ordinance 7763-07 on second reading, amending the zoning atlas of the city by zoning certain real
property whose post office address is 1236 Claire Drive, upon annexation into the City of Clearwater, as
Low Medium Density Residential (LMDR).
@ Attachments
9.13 Adopt Ordinance 7769-07 on second reading, repealing Ordinance 7613-06 in its entirety and vacating a
portion of Section 9, Township 29 South, Range 15 East, being a part of the existing right-of-way of
Osceola Avenue and a portion of an alley lying north of Lots 2 and 3 of Jones Subdivision of Nicholson's
Addition to Clearwater Harbor, three drainage and utility easements and one ingress/egress easement,
subject to applicant fulfilling enumerated obligations, conditions and requirements.
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9.14 Adopt Ordinance 7772-07 on second reading, annexing certain real property whose post office address is
1891 CR 193, into the corporate limits of the city and redefining the boundary lines of the city to include
said addition.
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9.15 Adopt Ordinance 7773-07 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 1891 CR 193, upon annexation into the City of Clearwater, as Residential Low.
@ Attachments
9.16 Adopt Ordinance 7774-07 on second reading, amending the zoning atlas of the city by zoning certain real
property whose post office address is 1891 CR 193, upon annexation into the City of Clearwater, as Low
Medium Density Residential (LMDR).
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9.17 Adopt Ordinance 7783-07 on second reading, vacating the north five feet of a 10 foot drainage and utility
easement lying along the south property line of Lot 37, Countryside Tract 90, Phase I.
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9.18 Adopt Ordinance 7788-07 on second reading, vacating the east ten feet of a 25 foot drainage and utility
easement lying along the west property lines of Lots 12 through 19, Renaissance Oaks Subdivision,
subject to conditions.
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City Manager Reports
10. Consent Agenda
10.1 Approve the Rollover of Bid 07-06 Gas Material Polyethylene Pipe and Fittings Lines 1-10 and Line 144
(First Rollover) and approve a Purchase Order in the amount of $480,000 for the period March 1,2007 to
Febrnary 29, 2008 to Chris George Sales Utility Products and the appropriate officials be authorized to
execute same. (consent)
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10.2 Approve Change Order 4 for the 2002 Water Service Line Replacement Contract (99-0078-UT) to Westra
Constrnction Corporation of Palmetto, FL, for the 2006 contract (06-0004-UT), increasing the contract
amount by $967,725.00 for a new contract total of $2,863,770.75, approve a time extension of 365 days
and authorize the appropriate officials to execute same. (consent)
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10.3 Approve the final plat for "FOUR SEASONS GRANDE TOWNHOMES" located at 105 North
Evergreen A venue approximately 300 feet South of Drew Street. (consent)
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10.4 Approve the Interlocal Agreement between the City of Clearwater, Pinellas County and the Pinellas
Suncoast Transit Authority (PST A) defining roles, responsibilities and funding commitments of the
parties, for the purpose of conducting a Joint Use Facility Feasibility Study to assess the operational and
financial feasibility of a joint City/County/PSTA facility in downtown Clearwater. (consent)
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10.5 Authorize execution of a Natural Gas Utility Easement with Tampa Pub, LTD. for a 10 foot wide utility
easement located on the Connerton Retail Center property located on the Southeast corner of US 41 and
Pleasant Plains Parkway in Pasco County for the sum of $1.00. (consent)
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10.6 Approve the Work Order to PARSONS for preliminary design engineering services for the NEAPCF
Secondary Digester Refurbishment, in the amount of $120,792 and authorize the appropriate officials to
execute same. (consent)
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10.7 Approve the final plat for "PALM BLUFF PRESERVES ONE" located at 300 Palm Bluff Street at the
Northwest corner of Osceola Avenue and Palm Bluff Street. (consent)
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10.8 Authorize the City Attorney's Office to institute a civil action against Clausen Brothers Corporation, to
recover $28,315.00 for damage to City property. (consent)
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11. Other items on City Manager Reports
11.1 Award a contract to Grosz & Stamper Constrnction Company, Inc. Bid #06-0046-PR, of Tampa, Florida
for $177,604.90, for the construction of a restroom building at the Sunshine Limitless Playground at the
Long Center and approve a change order deduct in the amount of $32,012.95, for a net contract amount of
$145,591.95 and authorize the appropriate officials to execute same; approve the transfer of $25,000 from
CIP 3246 Long Center Pool Project; and approve accepting grant of $10,000 from the Long Center
Foundation for the construction of the restroom.
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11.2 Approve a Beach Walk Temporary parking Patel Property Lease Agreement between K and P Clearwater
Estate, L.L.c. and the City of Clearwater and authorize the appropriate officials to execute same.
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11.3 Approve the 2007 Federal Legislative Package
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11.4 Reappoint Frank Dame and appoint one member to the Community Development Board with terms
expiring on February 28, 2011.
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Miscellaneous Reports and Items
12. City Manager Verbal Reports
12.1 City Manager Verbal Reports
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13. Other Council Action
13.1 Other Council Action
@ Attachments
14. Adjourn
SUBJECT / RECOMMENDATION:
Service Awards
SUMMARY:
City Council Agenda
Council Chambers - City Hall
Meeting Date:2/15/2007
Review Approval: 1) Clerk
Cover Memo
Item # 1
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Walk for Willa Fundraiser - Annie Tyrell.
SUMMARY:
Meeting Date:2/15/2007
Review Approval: 1) Clerk
Cover Memo
Item # 2
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Step Up Florida and Move-it Move-it Challenge - Brian Kridler (YMCA)
SUMMARY:
Meeting Date:2/15/2007
Review Approval: 1) Clerk
Cover Memo
Item # 3
Meeting Date:2/15/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the minutes of the January 31, 2007, City Council meeting as submitted in written summation by the City Clerk.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 4
Attachment number 1
Page 1 of 17
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
January 31, 2007
Unapproved
Present:
Frank Hibbard
Carlen Petersen
J.B. Johnson
William C. Jonson
John Doran
Mayor
Vice-Mayor
Councilmember
Councilmember
Councilmember
Also present:
William B. Horne II
Garry Brumback
Rod Irwin
Pamela Akin
Cynthia E. Goudeau
Rosemarie Call
City Manager
Assistant City Manager
Assistant City Manager
City Attorney
City Clerk
Management Analyst
The Mayor called the meeting to order at 6:00 p.m. at City Hall. Rev. Jack Alwood from
Bethel Presbyterian Church offered the invocation. The Mayor led the Pledge of Allegiance.
To provide for continuity for research, items are in agenda order although not
necessarily discussed in that order.
4. Presentations
4.1 Recyclinq Team Award
The Bi-Monthly Team Award was presented to the Solid Waste Department's Recycling
Emergency Team: Tom King, Carl Swigart, Billy Buzzell, Tom Glenn, Peter Mavromatis, Scott
Rhodes, Barry Slack, Vincent Jones, Jamie Thomas, James Gearhart, John Chatman, Bobby
Matthews, Joe Hill, Tom Wilcox, Anthony Fanelli, and John Garakop.
4.2 Proclamation: Women's Heart Health Month - February 2007
5. Approval of Minutes
5.1 Approve the minutes of the January 18, 2007, City Council Meetinq as submitted in
written summation by the City Clerk.
Regarding the January 18, 2007, minutes, Councilmember Doran said he had recused
himself on Item 7.3, but not on Item 7A. He requested that the minutes reflect his vote of
approval of Item 7 A.
Councilmember Doran moved to approve the minutes of the regular meeting of January
18,2007, as corrected: deleting Councilmember Doran's recusal for Item 7A and changing
approval to read, "The motion was duly seconded and carried unanimously." The motion was
duly seconded and carried unanimously.
6. Citizens to be Heard re Items Not on the Agenda
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John Wiser supported the proposed land swap with Pinellas County School District to
construct a school bus depot.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Approve amendments to the Community Development Code relatinq to occupational
licenses and pass Ordinance 7725-07 on first readinq.
On June 12, 2006, House Bill 1269 was signed into law, to be effective on January 1 ,
2007. This bill affects local governments by mandating the change of the wording of
"Occupational Licenses" to "Business Tax Receipts" and other related terms and language. The
proposed City Ordinance 7725-07 includes this required change in language in Part 1
Community Development Code, Article 3 Community Development Standards, Division 23,
Sections 3-2302,3-2303,3-2304,3-2306,3-2307, Article 4, Development Review and Other
Procedures, Division 2, Sections 4-202, 4-205, and Article 8 Definitions and Rules of
Construction, Section 8-102, Community Development Code and Building and Development
Regulations. This proposed ordinance was reviewed by the Community Development Board on
November 21,2006 and recommended for approval.
Councilmember Johnson moved to approve amendments to the Community
Development Code relating to occupational licenses. The motion was duly seconded and
carried unanimously.
Ordinance 7725-07 was presented for first reading and read by title only.
Councilmember Jonson moved to pass Ordinance 7725-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Jonson, Doran, Johnson, and Hibbard.
"Nays": None.
7.2 Approve the applicant's request to vacate the north 5-feet of the 1 O-foot drainaqe and
utility easement Iyinq alonq the south property line of Lot 37, Countryside Tract 90, Phase 1,
(a.k.a. 2773 Merlin Way), and pass Ordinance 7783-07 on first readinq. (V AC2006-13
McNamara).
The applicant has received flexible development approval to construct a swimming pool
and pool deck five feet from the rear property line rather than the 1 O-foot setback otherwise
required. A development order dated October 16, 2006, granted the setback reduction subject
to the applicant successfully vacating the north five feet of the drainage and utility easement
subject of this request.
Progress Energy, Verizon, Bright House Networks and Knology have no objections to
the vacation request. The City of Clearwater has no facilities in the easement and no future
need for the easement portion is anticipated. Public Works Administration has no objections to
the vacation request.
Councilmember Petersen moved to approve the applicant's request to vacate the north
5-feet of the 1 O-foot drainage and utility easement lying along the south property line of Lot 37,
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Countryside Tract 90, Phase 1, (a.k.a. 2773 Merlin Way). The motion was duly seconded and
carried unanimously.
Ordinance 7783-07 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance 7683-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Jonson, Doran, Johnson, and Hibbard.
"Nays": None.
7.3 Approve the applicant's request to vacate the East 10 feet of the 25-foot drainaqe and
utility easement Iyinq alonq the West property lines of Lots 12 throuqh 19, inclusive,
Renaissance Oaks, (a.k.a. 2231,2237,2243,2249,2255,2261,2267, and 2273 Steven
Street), and approve Ordinance 7788-07 on first readinq, (VAC2007-01 Renaissance Oaks,
LLC).
The applicant is seeking vacation of the subject easement portion in order to increase
the buildable area of the lots. The original drainage plan for the subdivision required the
installation of a swale in the rear yard of the subject lots. Engineering staff has reviewed and
approved the installation of a storm pipe instead of the swale, which allows the reduction in the
size of the drainage and utility easement needed and eliminates a swale in the rear yards.
Knology, Verizon, Brighthouse, and Progress Energy have no objections to the vacation
request. Public Works administration has no objections to the vacation request.
Councilmember Johnson moved to approve the applicant's request to vacate the East 10
feet of the 25-foot drainage and utility easement lying along the West property lines of Lots 12
through 19, inclusive, Renaissance Oaks, (a.k.a. 2231,2237,2243,2249,2255,2261,2267,
and 2273 Steven Street). The motion was duly seconded and carried unanimously.
Ordinance 7788-07 was presented for first reading and read by title only.
Councilmember Jonson moved to pass Ordinance 7788-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Jonson, Doran, Johnson, and Hibbard.
"Nays": None.
7.4 Continue the Development Aqreement between Trianqle Old Bay Holdinqs, LLC, and the
City of Clearwater and adoption of Resolution 07-02 to February 15, 2007. (DV A2006-0000 1)
Councilmember Petersen moved to continue Item 7.4 to February 15, 2007. The
motion was duly seconded and carried unanimously.
7.5 Approve a Future Land Use Plan Amendment from the Residential Urban (RU) Cateqory
to the Residential Medium (RM) Cateqory for property located at 2060 Everqreen Avenue
(consistinq of Lots 15 and 16, Lots 7 and 8, Lots 1 to 6 inclusive and Lots 9 to 14, inclusive,
Block I, Brooklawn Subdivision; and Pass Ordinance 7775-07 on first readinq and withdraw
Ordinance 7776-07.
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This Future Land Use Plan (FLUP) amendment and rezoning application involves
property comprising approximately 1.84 acres in area located approximately 350 feet south of
CR 600 (Union Street) and 300 feet west of Kings Highway. This property has a FLUP
classification of Residential Urban (RU) and a zoning designation of Medium Density
Residential (MDR). The applicant originally requested to amend both the FLUP classification
and a zoning designation for a different configuration of property at this general site. The
applicant then amended the request, to amend the FLUP designation of the site, as described
above, to the Residential Medium (RM) classification in order to use the property for 27 attached
residential units. The Planning Department recommended approval of the request.
The Planning Department determined that the proposed future land use plan
amendment and rezoning amendment, as recommended, are consistent with the following
standards specified in the Community Development Code: 1) The proposed land use plan
amendment and rezoning application are consistent with the Comprehensive Plan; 2) The
proposed use is compatible with the surrounding area; 3) Sufficient public facilities are available
to serve the property; and 4) The applications will not have an adverse impact on the natural
environment.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject
to the approval of the Pinellas Planning Council and the Board of County Commissioners acting
as the Countywide Planning Authority. Based on the size of the proposed plan category, the
application is a large-scale amendment and review and approval by the Florida Department of
Community Affairs is required.
Councilmember Doran moved to approve a Future Land Use Plan Amendment from the
Residential Urban (RU) Category to the Residential Medium (RM) Category for property located
at 2060 Evergreen Avenue (consisting of Lots 15 and 16, Lots 7 and 8, Lots 1 to 6 inclusive and
Lots 9 to 14, inclusive, Block I, Brooklawn Subdivision, and withdraw Ordinance 7776-07. The
motion was duly seconded and carried unanimously.
Ordinance 7775-07 was presented for first reading and read by title only.
Councilmember Johnson moved to pass Ordinance 7775-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Jonson, Doran, Johnson, and Hibbard.
"Nays": None.
7.6 Approve Amendments to Beach by Desiqn: A Preliminary Desiqn for Clearwater Beach
and Desiqn Guidelines, revisinq the Marina Residential District provisions, and Pass Ordinance
7721-07 on first readinq.
Member Doran declared a conflict of interest.
In 2001, the Clearwater City Council adopted Beach by Design: A Preliminary Design for
Clearwater Beach. This special area plan sets forth a series of strategies to revitalize
Clearwater Beach and establishes eight character districts that regulate land uses and the scale
of development. In August 2006, City Council imposed a six-month building moratorium for the
14-acre Marina Residential character district so the Planning Department could create a
redevelopment framework that better balances development incentives with the provision of
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Page 5 of 17
public amenities, allows greater flexibility with regard to uses and supports public access to the
waterfront.
Ordinance 7721-07 replaces the current Marina Residential District in its entirety and
proposes the following: 1) A new vision supporting the redevelopment of the Marina District into
a pedestrian and boater friendly destination with a variety of uses including overnight
accommodations, restaurants, commercial, mixed-use, redevelopment and water-oriented uses;
2) An activity center at the intersection of East Shore Drive and Papaya Street that only allows
overnight accommodations, commercial and mixed-use development. Stand-alone residential is
not permitted in this particular location; 3) Height incentives for redevelopment projects of
various sizes and uses if a public boardwalk and/or streetscape improvements are constructed;
4) Parking incentives for docks and preferred uses; 5) Vacating East Shore Drive if traffic
circulation, relocation of utilities and emergency access issues can be mitigated; and 6) Site and
architectural design criteria in addition to the provisions of the Community Development Code
and Beach by Design design guidelines.
The Planning Department has determined that the proposed amendment is consistent
with the provisions of the Clearwater Comprehensive Plan and the Community Development
Code. Refer to the staff report for further analysis and Ordinance 7721-07. The Community
Development Board reviewed the proposed amendments to Beach by Design: A Preliminary
Design for Clearwater Beach in its capacity as the Local Planning Agency (LPA) at its regularly
scheduled meeting on December 22, 2006, and recommended approval by a vote of 4:3.
Planning Director Michael Delk reported that staff met with a South Florida developer
who is interested in the Marina District and indicated a project's viability will depend on cost of
assembling land. The developer did not take issue with development constraints or incentives.
Mr. Delk said most developer interest relates to overnight accommodations.
In response to questions, Building Official Kevin Garriott said FEMA (Federal Emergency
Management Agency) does not recognize flood proofing residential buildings. Mixed use
buildings can be flood proofed if the commercial component is on the ground level and the
residential units above.
Fifteen people addressed proposed amendments; ten opposing vacation of East Shore.
Discussion ensued. Concern was expressed that developers have not submitted a
unified plan.
Traffic Operations Manager Paul Bertels reviewed the Marina District evacuation plan.
Vacating East Shore would not diminish emergency vehicle service. Concern was expressed
regarding pedestrian safety on proposed slip lane. Mr. Bertels said the sidewalk on slip lane
can be marked with proper signage. Pedestrian sidewalks are planned for both sides of
Poinsettia.
In response to questions, Mr. Delk said the proposal attempts to balance incentives and
amenities. If consolidation occurs, greater setbacks could be granted in exchange for height. It
was noted that existing provisions allow smaller setbacks, greater heights and vacation of East
shore. It was also noted these changes are an effort to encourage over-night accommodations
rather than residential development.
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Attachment number 1
Page 6 of 17
Councilmember Petersen moved to accept the height incentives and required public
amenities on page 6, including the table as presented. The motion was duly seconded.
Councilmembers Petersen, Jonson, Johnson, and Hibbard voted "Aye." Member Doran
abstained. Motion carried.
Discussion ensued regarding the language on page 5 under District Vision. It was noted
at Council direction, staff had added language to provide a focal point at Poinsettia and Papaya.
Councilmember Petersen moved to accept language on page 5, under District Vision,
that creates the focal point 200 feet north and 200 feet south of Papaya Street, limiting it to the
district's preferred uses, restaurants, retail, hotels, and/or mixed uses. The motion was duly
seconded.
Discussion ensued. It was questioned how developers feel about mixed-use on
Poinsettia and Papaya. Mr. Delk said staff did not discuss Poinsettia and Papaya specifically,
but did address retail and activity along the Boardwalk. Some residential uses will subsidize
mixed-uses where they are required.
Upon the vote being taken, Councilmembers Petersen, Jonson, Johnson, and Hibbard
voted "Aye." Member Doran abstained. Motion carried.
Mr. Delk said the proposed language provides the option to vacate East Shore if a
developer can assemble sufficient land; Beach by Design contemplates the vacation of East
Shore. A vacation would require City Council approval. It was noted that developers would
need to fund construction of the boardwalk, vacation of East Shore, and Poinsettia
improvements.
Councilmember Jonson moved to delete paragraph one of Additional Incentives Section
on page six of ordinance. The motion was duly seconded. Councilmembers Jonson and
Mayor Hibbard voted "Aye"; Councilmembers Petersen and Johnson voted "Nay."
Councilmember Doran abstained. Motion failed.
Councilmember Jonson moved to substitute "contemplates" with "would permit the
consideration of," in sentence two to add "on the beach" after traffic circulation, to add the word
"funding" after "utilities," and to add ". . . and funding mechanisms are identified..." after
mitigated. The motion was duly seconded. Councilmembers Petersen, Johnson, Jonson, and
Hibbard voted "Aye"; Councilmember Doran abstained. Motion carried.
Councilmember Petersen moved to approve Amendments to Beach by Design: A
Preliminary Design for Clearwater Beach and Design Guidelines, revising the Marina
Residential District provisions, as amended. The motion was duly seconded. Councilmembers
Petersen, Jonson, Johnson, and Hibbard voted "Aye"; Councilmember Doran abstained. Motion
carried.
Ordinance 7721-07, as amended, was presented for first reading and read by title only.
Councilmember Jonson moved to pass Ordinance 7721-07, as amended, on first reading. The
motion was duly seconded and upon roll call, the vote was:
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Page 7 of 17
"Ayes": Petersen, Jonson, Johnson, and Hibbard.
"Nays": None.
Abstained: Doran.
Motion carried.
The Council recessed from 8:34 to 8:40 p.m.
7.7 Approve amendments to the Community Development Code to make the Tourist "T"
District consistent with Amendments to Beach by Desiqn: A Preliminary Desiqn for Clearwater
Beach and Desiqn Guidelines and adopt Ordinance 7723-07 on first readinq.
The Planning Department began a study of the Marina Residential District in 2006 as
directed by the City Council in order to address land use, development incentives, and to
examine public access and the potential for a working waterfront. In 2006, Ordinance 7660-06
was passed to establish a moratorium effective June 15, 2006 and expiring January 30,2007,
imposed upon the Marina Residential District of Beach by Design.
Subsequent to the ideas generated by two public meetings and one meeting for Marina
District property owners and residents, recommendations were developed that included
changes to the Community Development Code, as set forth in these amendments, as well as
adding a future land use map and changes to Beach by Design.
Amendments to the Community Development Code were prepared to ensure that there
be no conflicts between the Tourist "T" District and Beach by Design. The Code amendments
are: Amendments to the Community Development Code Tourist "T" District, Tables 2-802 and
2-803 to enable flexibility of use, maximum height, minimum setbacks, and off-street parking
requirements, as provided by the Marina District within Beach by Design.
The Planning Department determined that the Code text amendments are: 1) consistent
with and further the goals, policies, and objectives of the Comprehensive Plan and 2) further the
purposes of the Code and other City ordinances and actions designed to implement the Plan.
The Community Development Board reviewed the proposed amendments at its regularly
scheduled meeting on December 19, 2006, and recommended approval.
Councilmember Doran moved to approve amendments to the Community Development
Code to make the Tourist "T" District consistent with Amendments to Beach by Design: A
Preliminary Design for Clearwater Beach and Design Guidelines. The motion was duly
seconded and carried unanimously.
Ordinance 7723-07 was presented for first reading and read by title only.
Councilmember Johnson moved to pass Ordinance 7723-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Jonson, Doran, Johnson, and Hibbard.
"Nays": None.
8. Quasi-judicial Public Hearings
Council 2007-1-31
Item # 4
Attachment number 1
Page 8 of 17
8.1 Approve the Petition for Annexation, Future Land Use Plan Amendment from the County
Residential Low (RL) Cateqory to the City Residential Low (RL) Cateqory and Zoninq Atlas
Amendment from the County R-3, Sinqle-Family Residential District to the City Low Medium
Density Residential (LMDR) District for 1761 Audrey Drive (Lot 40, Pinellas Terrace Subdivision
in Section 05-29-16); and Pass Ordinances 7755-07,7756-07 and 7757-07 on first readinq.
This annexation involves a 0.189-acre property consisting of one parcel, located on the
east side of Audrey Drive, approximately 840 feet north of SR 590 and 260 feet south of North
Terrace Drive. The property is located within an enclave and is not contiguous to existing City
boundaries; therefore, the proposed annexation is consistent with Pinellas County Ordinance
00-63 with regard to voluntary annexation. The applicant is requesting this annexation in order
to receive solid waste service from the City. It is proposed that the property be assigned a
Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low
Medium Density Residential (LMDR). The Planning Department determined that the proposed
annexation is consistent with the following standards specified in the Community Development
Code: 1) The proposed annexation will not have an adverse impact on public facilities and their
level of service; 2) "The proposed annexation is consistent with the City's Comprehensive Plan,
the Countywide Plan and the Community Development Code; and 3) "The proposed annexation
is located within an enclave and its annexation will reduce such enclave.
This annexation has been reviewed by the Pinellas Planning Council (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 December 19, 2006 and unanimously
recommended approval.
Councilmember Jonson moved to approve the Petition for Annexation, Future Land Use
Plan Amendment from the County Residential Low (RL) Category to the City Residential Low
(RL) Category and Zoning Atlas Amendment from the County R-3, Single-Family Residential
District to the City Low Medium Density Residential (LMDR) District for 1761 Audrey Drive (Lot
40, Pinellas Terrace Subdivision in Section 05-29-16). The motion was duly seconded and
carried unanimously.
Ordinance 7755-07 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 7755-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Jonson, Johnson, Doran, and Hibbard.
"Nays": None.
Ordinance 7756-07 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance 7756-07 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Petersen, Jonson, Doran, Johnson, and Hibbard.
"Nays": None.
Council 2007-1-31
atem # 4
Attachment number 1
Page 9 of 17
Ordinance 7757-07 was presented for first reading and read by title only.
Councilmember Johnson moved to pass Ordinance 7757-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Jonson, Doran, Johnson, and Hibbard.
"Nays": None.
8.2 Approve the Petition for Annexation, Future Land Use Plan Amendment from the County
Residential Low (RL) Cateqory to the City Residential Low (RL) Cateqory and Zoninq Atlas
Amendment from the County R-3, Sinqle-Family Residential District to the City Low Medium
Density Residential (LMDR) District for 1416 Reqal Road (Lot 5, Solar Crest Subdivision in
Section 23-29-15); and Pass Ordinances 7758-07, 7759-07 and 7760-07 on first readinq.
This annexation involves a 0.187-acre property consisting of one parcel, located on the
north side of Regal Road, approximately 320 feet east of Sunny Park Road and 554 feet west of
Braund Street. The property is contiguous with the existing City boundaries to the south;
therefore, the proposed annexation is consistent with Pinellas County Ordinance 00-63 with
regard to voluntary annexation. The applicant is requesting this annexation in order to receive
solid waste service from the City. It is proposed that the property be assigned a Future Land
Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density
Residential (LMDR).
The Planning Department determined that the proposed annexation is consistent with
the following standards specified in the Community Development Code: 1) The proposed
annexation will not have an adverse impact on public facilities and their level of service; 2) The
proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan
and the Community Development Code; and 3) The proposed annexation is contiguous to
existing municipal boundaries, represents a logical extension of the city boundaries and does
not create an enclave.
This annexation has been reviewed by the Pinellas Planning Council (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 December 19, 2006 and unanimously
recommended approval.
Councilmember Jonson moved to approve the Petition for Annexation, Future Land Use
Plan Amendment from the County Residential Low (RL) Category to the City Residential Low
(RL) Category and Zoning Atlas Amendment from the County R-3, Single-Family Residential
District to the City Low Medium Density Residential (LMDR) District for 1416 Regal Road (Lot 5,
Solar Crest Subdivision in Section 23-29-15). The motion was duly seconded and carried
unanimously.
Ordinance 7758-07 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 7758-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Jonson, Doran, Johnson, and Hibbard.
"Nays": None.
Council 2007-1-31
!hem # 4
Attachment number 1
Page 10 of 17
Ordinance 7759-07 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance 7759-07 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Petersen, Jonson, Doran, Johnson, and Hibbard.
"Nays": None.
Ordinance 7760-07 was presented for first reading and read by title only.
Councilmember Johnson moved to pass Ordinance 7760-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Jonson, Doran, Johnson, and Hibbard.
"Nays": None.
8.3 Approve the Petition for Annexation, Future Land Use Plan Amendment from the County
Residential Low (RL) Cateqory to the City Residential Low (RL) Cateqory and Zoninq Atlas
Amendment from the County R-3, Sinqle-Family Residential District to the City Low Medium
Density Residential (LMDR) District for 1236 Claire Drive (Lot 2, Block A, Stevenson's Heiqhts
Subdivision in Section 10-29-15); and Pass Ordinance 7761-07, 7762-07 and 7763-07 on first
readinq.
This annexation involves a 0.157-acre property consisting of one parcel, located on the
north side of Claire Drive, approximately 120 feet west of North Betty Lane and 70 feet east of
Stockton Drive. The property is contiguous with the existing City boundaries to the north;
therefore, the proposed annexation is consistent with Pinellas County Ordinance 00-63 with
regard to voluntary annexation. The applicant is requesting this annexation in order to receive
solid waste service from the City. It is proposed that the property be assigned a Future Land
Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density
Residential (LMDR).
The Planning Department determined that the proposed annexation is consistent with
the following standards specified in the Community Development Code: 1) The proposed
annexation will not have an adverse impact on public facilities and their level of service; 2) The
proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan
and the Community Development Code; and 3) The proposed annexation is contiguous to
existing municipal boundaries, represents a logical extension of the city boundaries and does
not create an enclave.
This annexation has been reviewed by the 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 December 19, 2006 and unanimously recommended approval
Councilmember Jonson moved to approve the Petition for Annexation, Future Land Use
Plan Amendment from the County Residential Low (RL) Category to the City Residential Low
(RL) Category and Zoning Atlas Amendment from the County R-3, Single-Family Residential
District to the City Low Medium Density Residential (LMDR) District for 1236 Claire Drive (Lot 2,
Council 2007-1-31
1 ()tem # 4
Attachment number 1
Page 11 of 17
Block A, Stevenson's Heights Subdivision in Section 10-29-15. The motion was duly seconded
and carried unanimously.
Ordinance 7761-07 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 7761-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Jonson, Doran, Johnson, and Hibbard.
"Nays": None.
Ordinance 7762-07 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance 7762-07 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Petersen, Jonson, Doran, Johnson, and Hibbard.
"Nays": None.
Ordinance 7763-07 was presented for first reading and read by title only.
Councilmember Johnson moved to pass Ordinance 7763-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Jonson, Doran, Johnson, and Hibbard.
"Nays": None.
8.4 Approve the Petition for Annexation, Future Land Use Plan Amendment from the County
Residential Low (RL) Cateqory to the City Residential Low (RL) Cateqory and Zoninq Atlas
Amendment from the County AE, Aqricultural Estate Residential District to the City Low Medium
Density Residential (LMDR) District for 1891 CR 193 (Consistinq of a portion of Section 5-29-16
in Metes and Bounds 41/02); and Pass Ordinance 7772-07, 7773-07 and 7774-070n first
readinq.
This annexation involves a 2.283-acre property consisting of one parcel, which is located
approximately 500 feet south of the intersection of Sunset Point Road and CR 193. The
property is located within an enclave and is contiguous to existing City boundaries; therefore,
the proposed annexation is consistent with Pinellas County requirements with regard to
voluntary annexation.
The applicant is requesting this annexation in order to receive sanitary sewer and solid
waste service from the City. The subject property is occupied by a UPARC group residential
home. It is proposed that the property be assigned a Future Land Use Plan designation of
Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR).
The Planning Department determined that the proposed annexation is consistent with
the following standards specified in the Community Development Code: 1) The proposed
annexation will not have an adverse impact on public facilities and their level of service; 2) The
proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan
and the Community Development Code; and 3) The subject site is located within an enclave, is
contiguous to city boundaries and reduces the enclave.
Council 2007-1-31
11tem # 4
Attachment number 1
Page 12 of 17
This annexation has been reviewed by the 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 December 19, 2006 and unanimously recommended approval.
Councilmember Jonson moved to approve the Petition for Annexation, Future Land Use
Plan Amendment from the County Residential Low (RL) Category to the City Residential Low
(RL) Category and Zoning Atlas Amendment from the County AE, Agricultural Estate
Residential District to the City Low Medium Density Residential (LMDR) District for 1891 CR
193 (Consisting of a portion of Section 5-29-16 in Metes and Bounds 41/02). The motion was
duly seconded and carried unanimously.
Ordinance 7772-07 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 7772-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Jonson, Doran, Johnson, and Hibbard.
"Nays": None.
Ordinance 7773-07 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance 7773-07 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Petersen, Jonson, Doran, Johnson, and Hibbard.
"Nays": None.
Ordinance 7774-07 was presented for first reading and read by title only.
Councilmember Johnson moved to pass Ordinance 7774-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Jonson, Doran, Johnson, and Hibbard.
"Nays": None.
9. Second Readings - Public Hearing
9.1 Continue Second Readinq of Ordinance 7721-07 - Amendments to Beach by Desiqn: A
Preliminary Desiqn for Clearwater Beach and Desiqn Guidelines, revisinq the Marina
Residential District provisions to February 15, 2007.
Councilmember Jonson moved to continue Item 9.1 to February 15, 2007. The motion
was duly seconded and carried unanimously.
9.2 Continue Second Readinq of Ordinance 7723-07 - Amendments to the Community
Development Code to make the Tourist "T" District consistent with Amendments to Beach by
Desiqn: A Preliminary Desiqn for Clearwater Beach and Desiqn Guidelines to February 15,
2007.
Council 2007-1-31
1 :hem # 4
Attachment number 1
Page 13 of 17
Councilmember Petersen moved to continue Item 9.2 to February 15, 2007. The
motion was duly seconded and carried unanimously.
9.3 Adopt Ordinance 7724-07 on second readinq, approvinq amendments to the Code of
Ordinances relatinq to occupational licenses.
Ordinance 7724-07 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance 7724-07 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Jonson, Doran, Johnson, and Hibbard.
"Nays": None.
9.4 Continue Second Readinq of Ordinance 7725-07 - Amendinq the Community
Development Code relatinq to occupational licenses to February 15, 2007.
Councilmember Johnson moved to continue Item 9.4 to February 15, 2007. The motion
was duly seconded and carried unanimously.
9.5 Continue second readinq of Ordinance 7769-07, repealinq Ordinance 7613-06 in its
entirety and vacatinq a portion of Section 9, Township 29 South, Ranqe 15 East, beinq a part of
the existinq riqht-of-way of Osceola Avenue and a portion of an alley Iyinq north of Lots 2 and 3
of Jones Subdivision of Nicholson's Addition to Clearwater Harbor, three drainaqe and utility
easements and one inqress/eqress easement, subiect to applicant fulfillinq enumerated
obliqations, conditions and requirements to February 15, 2007.
Councilmember Jonson moved to continue Item 9.5 to February 15, 2007. The motion
was duly seconded and carried unanimously.
9.6 Adopt Ordinance 7770-07 on second readinq, vacatinq the 5-foot utility easement Iyinq
alonq the west property line of Lot 25, Bayside Subdivision No.2, (AK.A 201 Briqhtwater
Drive) .
Ordinance 7770-07 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7770-07 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Jonson, Doran, Johnson, and Hibbard.
"Nays": None.
9.7 Adopt Ordinance 7771-07 on second readinq, amendinq section 17.38 and repealinq
section 17.39, Clearwater Code of Ordinances, and amendinq Appendix A, Article VIII,
Clearwater Code of Ordinances, to add a new schedule of fees for Fire and Life Safety
Inspections.
Ordinance 7771-07 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7771-07 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
Council 2007-1-31
13tem # 4
Attachment number 1
Page 14 of 17
"Ayes": Petersen, Jonson, Doran, Johnson, and Hibbard.
"Nays": None.
9.8 Adopt Ordinance 7787-07 on second readinq, amendinq Chapter 22, Article II, Section
22.21 of the City of Clearwater Code of Ordinances reqardinq Parks Rules as it relates to
addinq a definition for "orqanized activities", amendinq section 22.49 as it relates to danqerous
qames and addinq two subsections.
Ordinance 7787-07 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7787-07 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Jonson, Doran, Johnson, and Hibbard.
"Nays": None.
City Manager Reports
10. Consent Agenda - Approved as submitted.
10.1 Approve a five-year extension aqreement from February 1, 2007 throuqh January 31,
2012, between the City of Clearwater and The Winninq Inninq Inc., for the use and operation of
the Jack Russell Memorial Stadium and Complex and the appropriate officials be authorized to
execute same. (consent)
10.2 Award a Contract for $555,916.00 to Parsons Water and Infrastructure, Inc. and its
subcontractors SDI Environmental Services, Inc., and Missimer Groundwater Science, Inc., to
provide production and monitorinq well investiqation services leadinq to the desiqn and
construction of a new 3.5 million qallon per day (mqd) reverse osmosis (RO) plant at Reservoir
No.2, and authorize the appropriate officials to execute same. (consent)
1 0.3 Revise the City Council Land Development Policy on Subdivsion Monuments to allow for
the construction and maintenance of features in a riqht-of-way if approved by the City Enqineer.
( consent)
10.4 Approve aqreement with Alcalde and Fay to provide lobbyinq services at the federal
level from 1/1/2007 to 12/31/2012 at a cost of $6,500 per month, plus expenses estimated at
$3,000 per year With increases of the CPI in the Third and fifth year of the contract and
authorize the appropriate officials to execute same. (consent)
10.5 Authorize settlement of Franco v. City of Clearwater, Case Number 04-2644-CI-15, for
$90,000. (consent)
10.6 Approve Chanqe Order 1 to Westra Construction Corporation of Palmetto, Florida for the
"Beach Bv Desian - Coronado Drive Improvements Project" (03-0079-ED) increasinq the
contract amount by $979,955.25 for a new contract total of $10,830,208.47, increasinq the
project budqet by $979,955.25, approve a time extension of 59 days and authorize the
appropriate officials to execute same. (consent)
Council 2007-1-31
14tem # 4
Attachment number 1
Page 15 of 17
Councilmember Doran moved to approve the Consent Agenda as submitted and that the
appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
11. Other items on City Manager Reports
11.1 Adopt Resolution 07-06 supportinq the proposed extension of the one-cent local
qovernment infrastructure surtax, otherwise known as the Penny for Pinellas.
Councilmember Johnson moved to approve supporting the proposed extension of the
one-cent local government infrastructure surtax, otherwise known as the Penny for Pinellas.
The motion was duly seconded and carried unanimously.
Resolution 07-06 was presented and read by title only. Councilmember Jonson moved
to pass and adopt Resolution 07-06 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard.
"Nays": None.
11.2 Adopt Resolution 07-04, supportinq the Florida Leaque of Cities' leqislative issues.
The Florida League of Cities Board of Directors has asked each of Florida's
municipalities to adopt a resolution that supports the League's key priority issues during the
2007 State Legislative Session. The Resolution urges the Florida Legislature to support
legislation that: 1) Restores and maintains municipal home rule authority for municipalities
located within charter counties; 2) Supports a fair and equitable tax structure; 3) Provides a
dedicated and recurring source of revenue for municipalities to fund transportation projects; 4)
Provides a comprehensive and uniform workers' compensation system for all municipal
employees; 5) Preserves the dedicated documentary stamp fees as a funding source for the
Sadowski Trust Fund and eliminates the cap placed on fund distribution; and 6) Requires
legislative authorization prior to the Florida Department of Transportation removing or delaying
any project that is contained in the FDOT Five-Year Work Plan.
Councilmember Petersen moved to approve supporting Florida League of Cities'
legislative issues. The motion was duly seconded and carried unanimously.
Resolution 07-04 was presented and read by title only. Councilmember Doran moved to
pass and adopt Resolution 07-04 and authorize the appropriate officials to execute same. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Jonson, Doran, Johnson, and Hibbard.
"Nays": None.
Miscellaneous Reports and Items
12. City Manager Verbal Reports
12.1 Expected activities between now and March election.
Council 2007-1-31
1$tem # 4
Attachment number 1
Page 16 of 17
The City Manager provided a list of anticipated activities.
13. Council Discussion Items
13.1 Travel Budqet for Incominq Councilmembers
Due to action on Item 13.2, this is not an issue.
13.2 Special Meetinq to Administer Oath to Incominq Councilmembers
Councilmember Jonson declared a conflict of interest.
Councilmember Petersen moved to schedule a Special Meeting to administer the oath to
incoming Councilmembers on March 19, 2007. The motion was duly seconded.
Councilmembers Petersen, Johnson, Doran, and Hibbard voted "Aye"; Councilmember Jonson
abstained. Motion carried.
Consensus was to reschedule the April 5, 2007, Council meeting to April 4, 2007.
13.3 Video Tape Retention
Discussion ensued regarding extending the retention of videotapes of Council meetings.
Councilmember Jonson moved to establish a Council policy requiring Council
videotapes be retained for eight years with a provision that they be retained "as is" after five
years. There was no second.
City Clerk Cyndie Goudeau noted that the State requires videotapes be retained for two
years; however ours are retained for five years, as that is how long public hearing files must be
retained. Requests for meeting tapes are rare.
In response to questions, C-View Station Manager Shawn Stafford said staff
discontinued recording VHS tapes in September 2006, when Granicus was retained for video
storage. It was noted that professional records managers recommend records not be kept
longer than required. Support was expressed for maintaining current policy.
14. Other Council Action
Councilmembers reported on events in which they recently participated; reviewed
upcoming events, congratulated John Wade for outreach center and Representative Jim Frische
for opening his office in Belleair.
Councilmember Petersen said the Sister Cities Advisory Board has selected two
teachers and four students for a one-month exchange program; wished Mahshid Arasteh well.
Councilmember Jonson expressed concern regarding streetlight and sidewalk
improvements and requested Council support to direct staff to get a cost estimate for streetlight
installation. Consensus was for staff to request cost estimates from Progress Energy.
Council 2007-1-31
1 €Stem # 4
Attachment number 1
Page 17 of 17
Councilmember Jonson said the PST A (Pinellas Suncoast Transit Authority) Board had
voted against pursuing the Triangle proposal; brother-in-law passed away from a heart attack;
encouraged all to take better care of selves.
Councilmember Johnson reported a national survey rated Clearwater second highest in
pedestrian deaths and expressed need for better traffic enforcement.
Mayor Hibbard thanked the Charter Review Committee for their dedication; thanked
Councilmembers for their assistance while he was out of town.
15. Adjourn
The meeting adjourned at 9:59 p.m.
Mayor, City of Clearwater
Attest:
City Clerk
Council 2007-1-31
1Item # 4
Meeting Date:2/15/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the Development Agreement between Triangle Old Bay Holdings, LLC, (the property owner) and the City of Clearwater
and adopt Resolution 07-02. (DV A2006-00001)
SUMMARY:
The subject property is 5.18 acres (including 0.2 acres located within the Preservation (P) Future Land Use Plan category that does
not generate density). It is generally located on the west side of North Fort Harrison Avenue and bounded by Jones Street to the
south, Georgia Street to the north and Clearwater Harbor to the west. On November 21,2006, the Community Development
Board approved a Flexible Development application (FLD2006-05030) for the construction of a mixed-use development consisting
of 358 attached dwellings (84.43 units/acre) and 13,235 square feet of non-residential floor area (0.5 F.A.R.). The development
proposal includes the use of 109 attached dwellings and 13,235 square feet of non-residential floor area from the Public Amenities
Incentive Pool of the Clearwater Downtown Redevelopment Plan in exchange for the provision of 358 dwelling units (including
those requested from the Pool) within the Downtown Plan area, and substantial contributions to the Master Streetscaping and
Wayfinding Plan along North Fort Harrison Avenue, North Osceola Avenue, Jones Street and Georgia Street as well as the their
intersections (valued at approximately $3.24 million). Further, the development proposal itself is a mixed-use project that will
further the Plan's major redevelopment goals and character district vision, which is also an eligible amenity from which to enable
the use of the Pool. The proposed Development Agreement sets forth public/private obligations. The City recognizes the economic
and aesthetic benefits that will result from private development. The Development Agreement will be in effect for a period not to
exceed ten (10) years and includes the following main provisions: The property shall be developed in three (3) phases as set forth
in Exhibits "D-l", "D-2" and "D-3". The first phase of the development will commit the entire 5.18 acres of the subject property
and includes the construction of 116 dwelling units and draws one (1) dwelling unit from the Public Amenities Incentive Pool. The
second phase includes the construction of 109 dwelling units and draws one (1) dwelling unit from the Public Amenities Incentive
Pool. The third phase includes the construction of 133 dwelling units and 13,235 square feet of non-residential floor area of which
109 dwelling units and the entirety of the non-residential floor area will be drawn from the Public Amenities Incentive Pool [ref.:
Sections 6.1.3.1 and 6.1.3.4]; The building height to the highest point of the finished flat roof surface of the three (3) Island View
condominium towers shall not exceed 180 feet above the mean site elevation. Building height to the top of parapet of the two (2)
buildings comprising Harrison Village shall not exceed 48 feet above the mean site elevation for the Harrison Village site [ref.:
Section 6.1.3.2]; The parties acknowledge that it is conceivable that the Project will not proceed to full completion of all
phases. Accordingly, the Developer agrees that the 2.0 acre parcel of land described on Exhibit "H" shall be dedicated to support
the entitlements which comprise Phase 1, and shall remain encumbered by the provisions of this Development Agreement
notwithstanding the amendment of the site plan for the balance of the property [ref.: Section 6.1.3.5]; No certificate of occupancy
shall be issued for any phase until the streetscaping associated with that phase has been substantially completed as set forth in
the Exhibits "E", "E-l", "E-2" and "E-3" [ref.: Section 6.1.3.6]; The City shall consider the vacation of North Osceola Avenue and
the vacation of three drainage and utility easements and one ingress/egress easement as described in the related vacation request
(Ordinance 7769-07). The existing right-of-way shall be closed only upon completion by the developer of the conditional
requirements of the above referenced ordinance vacating said right-of-way. These conditions include deeding property to the City
for the new 50 foot right-of-way for Osceola Avenue, the completion of a temporary road (parallel to North Fort Harrison Avenue)
for use by emergency vehicles, and submission to the City a financial guarantee that all required construction and improvements to
the relocated North Osceola A venue (including relocation of utilities) will be made within two (2) years of the effective date of the
vacation ordinance [ref.: Sections 6.1.3.7 and 6.2.2]; Prior to the issuance of the first building permit for the subject property, the
development shall record a deed restriction encumbering the property, which deed restriction shall be approved as to form by the
City Attorney and which will generally describe the development limitations of the Development Agreement. The deed restriction
shall be perpetual and may be amended or terminated only with the consent of the City [ref.: Section 6.1.4]; The City will approve
site and construction plans for the subject property that are consistent with the Comprehensive Plan and the Concept Plan (Exhibit
"B") and that meet the requirements of the Code and that go through any applicable approval process [ref.: Section 6.2.1]; The
proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers
the vision of downtown redevelopment set forth in the Clearwater Downtown Redevelopment Plan. Please refer to the staff report
(DV A2006-00001) for the complete staff analysis. The Community Development Board reviewed this Development Agreement
at its public hearing on November 21,2006 and unanimously recommended approval. Cover Memo
Review Approval: 1) Clerk
Attachment number 1
Page 1 of 13
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated ,
2007, effective as provided in Section 5 of this Agreement, and entered into between
TRIANGLE OLD BAY HOLDINGS, LLC, a Florida limited liability company
("DEVELOPER") and the CITY OF CLEARWATER, FLORIDA, a political subdivision of
the State of Florida acting through its City Council ("COUNCIL"), the governing body
thereof ("CITY").
R E C I TAL S:
--------
A. Sections 163.3220 - 163.3243, Florida Statutes, which set forth the
Florida Local Government Development Agreement Act ("ACT"), authorize the CITY to
enter into binding development agreements with persons having a legal or equitable
interest in real property located within the corporate limits of the City.
B. Under Section 163.3223 of the ACT, the CITY has adopted Section 4-606
of the City of Clearwater Community Development Code ("CODE"), establishing
procedures and requirements to consider and enter into development agreements.
C. DEVELOPER owns approximately 5.18 acres m.o.1. of real property
("PROPERTY") in the corporate limits of the CITY, more particularly described on Exhibit
"A" (Land Survey) attached hereto and incorporated herein. (4.98 acres of this land can
be used for unit density, and the remaining 0.2 acres has 0 units allowed.)
D. DEVELOPER desires to develop the Property as a mixed residential/retail
development, consisting of not more than 358 residential units and 13,235 square feet
of retail, with associated parking, generally conforming to that development approved by
the COB on November 21 , 2006 in Case No. FLD2006-05030.
E. The PROPERTY currently has a land use designation of Central Business
District and is zoned Downtown.
F. The CITY and DEVELOPER have determined that it would be mutually
beneficial to enter into a development agreement governing the matters set forth herein
and have negotiated this AGREEMENT in accordance with the CODE and the ACT.
G. The CITY has found that the terms of, and future development orders
associated with, this AGREEMENT are consistent with the City Comprehensive Plan and
the CODE.
Attachment number 1
Page 2 of 13
STATEMENT OF AGREEMENT
In consideration of and in reliance upon the premises, the mutual covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto intending to be legally bound and
in accordance with the ACT, agree as follows:
SECTION 1. RECITALS
AGREEMENT.
The above recitals are true and correct and are a part of this
SECTION 2. INCORPORATION OF THE ACT This AGREEMENT is entered into in
compliance with and under the authority of the CODE and the ACT, the terms of which as
of the date of this AGREEMENT are incorporated herein by this reference and made a part
of this AGREEMENT. Words used in this AGREEMENT without definition that are defined in
the ACT shall have the same meaning in this AGREEMENT as in the ACT.
SECTION 3. PROPERTY SUBJECT TO THIS AGREEMENT The PROPERTY is subject to this
AGREEMENT.
SECTION 4. OWNERSHIP The PROPERTY is owned in fee simple by DEVELOPER. See
Exhibit "G" Ownership Information, Exhibit "G-1" Triangle Old Bay Holdings Merger,
Exhibit "G-2" Entity Name Changes.
SECTION 5. EFFECTIVE DATE/DuRATION OF THIS AGREEMENT
5.1 This AGREEMENT shall become effective as provided for by the ACT and upon the
vacation of Osceola Ave. as described in Section 6.2.2.
5.2 This AGREEMENT shall continue in effect until terminated as defined herein but for
a period not to exceed ten (10) years.
SECTION 6. OBLIGATIONS UNDER THIS AGREEMENT
6.1 Obligations of the DEVELOPER
6.1.1. The obligations under this AGREEMENT shall be binding on
DEVELOPER, its successors or assigns.
6.1.2. At the time of development of the PROPERTY, DEVELOPER will submit
such applications and documentation as are required by law and shall comply with the
City's CODE applicable at the time of development review.
6.1.3.
PROPERTY:
The following restrictions shall apply to development of the
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Page 3 of 13
6.1.3.1 The PROPERTY shall be developed in conformance with that
development approved by the COB on November 21, 2006 in Case No. FLD2006-
05030. The population density and maximum building intensity are shown in that
approved development application. Specifically, the Property shall be developed in 3
phases. Phase 1 will commit the entire 5.18 acres, which at 50 units per acre (and 4.98
countable acres) has 249 units permitted. 116 units will be built in Phase 1, drawing 16
units from the Public Amenities Incentive Pool (so as to be eligible for extra height).
109 units will be built in Phase 2, drawing 1 unit from the Public Amenities Incentive
Pool (for extra height). Phase 3 will have a 17-story tower with 109 units, plus 24 units
& 13,235 sf of retail space built on the east side of Osceola Ave, for a total in Phase 3 of
133 units, drawing 92 additional units and 13,235 square feet from the Public Amenities
Incentive Pool, for a total of 109 units and 13,235 square feet of non-residential floor
area from the Public Amenities Incentive Pool over the entire project.
6.1.3.2 Building height to the highest point of the finished flat roof
surface of the 3 Island View condominium towers shall not exceed 180 feet above the
mean site elevation. Building height to the top of parapet of the two (2) buildings
comprising Harrison Village shall not exceed 48 feet above the mean site elevation for
the Harrison Village Site.
6.1.3.3 The architectural style of the structures to be constructed on
the Property shall be as shown on the renderings attached hereto as Exhibit "C."
6.1.3.4 Development of the Property shall be phased as set forth on
Exhibits "01 ", "02" and "03" attached hereto and incorporated herein. In the event that
Developer fails to meet the commencement and completion dates for each phase set
forth on Exhibit "E" attached hereto, this Development Agreement shall terminate as it
relates to the remaining phases. The Agreement shall remain in full force and effect for
any completed phase or any phase timely commenced. For the purpose of this
Agreement a phase shall be deemed to have commenced upon the issuance of a
foundation permit and the start of physical construction of the foundation pursuant
thereto. Completion of a phase shall mean the issuance of the certificate of occupancy
for the shell of the structure or structures in the phase.
6.1.3.5 The parties acknowledge that it is conceivable that the
Project will not proceed to full completion of all phases. Accordingly, DEVELOPER
agrees that the 2.0 acre parcel of land described in Exhibit "H" (the "Exhibit "H"
Property") hereto shall be dedicated to support the entitlements which comprise Phase
1, and shall remain encumbered by the provisions of this Development Agreement
notwithstanding the amendment of the site plan for the balance of the Property. The
deed restriction required by Paragraph 6.1.4 shall include said dedication and
encumbrance. In the event Phases 2 and 3 are not developed, the "Exhibit "H"
Property" shall be limited to the 116 units allowed in Phase 1, and the "Exhibit "H"
PropertyPrpperty" shall be encumbered by this restriction immediately upon the
issuance of a building permit for Phase 1 .
3
Attachment number 1
Page 4 of 13
6.1.3.6 Parking will be provided as required by Code for Phase 1 in
the initial part of the parking structure built in Phase 1.
6.1.3.7 No certificate of occupancy shall be issued for each phase
until the streetscaping for that phase has been substantially completed, as set forth in
Exhibits "E", "E-1", "E-2" and"E-3" attached hereto and incorporated herein. Specifically
this includes:
Phase 1 :
Landscaping and hardscaping of:
a) West side of Osceola Ave
b) East side of Fort Harrison Ave between Jones Street&tfeet and
Georgia Street&tfeet.
Phase 2:
Landscaping and hardscaping of:
a) North side of Georgia Street
b) Intersection of Jones St and Ft Harrison Ave
Phase 3:
Landscaping and hardscaping of:
a) West side of Ft. Harrison Ave. between Georgia and Jones
b) East side of Osceola Ave, south side of Georgia St. and north
side of Jones Street, and Osceola crosswalks and midblock
pedestrian plaza in Harrison Village; all as shown on Exhibit "0".
c) Base of Georgia Street upgraded with landscaping and
hardscaping.
d) Intersection of Georgia St. and Ft Harrison Ave
The parties agree that the obligation of DEVELOPER to construct the phase
improvements described above is contingent upon Developer proceeding to
construct each respective phase of the Project.
6.1.3.8. Existing Osceola shall be closed only upon completion by
Developer of the conditional requirements of vacation ordinance # 7769-07, which
conditions include:
a)
b)
deeding property to the City of Clearwater for a new 50-foot R.O.W
for Osceola Ave.,
completion of a temporary road (parallel to Ft. Harrison) available
for use by emergency vehicles, and
submission of a letter of credit (which letter of credit shall be
reasonably acceptable to the City Attorney) to the City of
Clearwater providing a financial guarantee that all required
construction of and improvements to the relocated Osceola Avenue
(including relocation of utilities at DEVELOPER'S sole cost) will be
completed within two years of the effective date of the vacation
ordinance.
c)
4
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The applicant shall maintain the temporary road for use by emergency
vehicles at all times during this two year period, until the new Osceola Ave has
been completed.
6.1.4 Prior to issuance of the first building permit for the PROPERTY,
Developer shall record a deed restriction encumbering the PROPERTY, which deed
restriction shall be approved as to form by the City Attorney and which will generally
describe the development limitations of this AGREEMENT. The deed restriction shall be
perpetual and may be amended or terminated only with the consent of the CITY.
6.1.5 During construction of Phase 1 as described in Exhibit "E", that
portion of the Property which is a part of Phase 3 and is known as the "Harrison Village
property" will be used by DEVELOPER for construction-related uses and will initially
contain a temporary emergency vehicle access road. This road will be operational until
the completion and acceptance by City of the contemplated new portion of Osceola
Avenue referenced in Paragraph 6.1.3.8. Once the new portion of Osceola Avenue is
completed and accepted by the City, the temporary vehicle access road will be removed
and the entire Harrison Village property will be used for construction staging purposes
and other normal construction-related uses during the construction of Phases 1 and 2.
In the event that a construction hiatus (defined as being a time gap between the
date the Certificate of Occupancy is issued for the shell of the principal structure for
each Phase and the date construction commences on the subsequent Phase) of more
than 60 days occurs, DEVELOPER shall install and maintain landscaping improvements
across the entire portion of the Property known as the "Harrison Village Property"
consistent with all requirements of the City of Clearwater Land Development Code until
construction commences on the subsequent Phase. In the event no such permit is
issued for the subsequent Phase, DEVELOPER shall maintain the "Harrison Village
Property" consistent with the Land Development Code.
The Harrison Village Property is defined as the land bordered by Fort Harrison
Avenue on the east, Georgia Street on the north, the relocated Osceola Avenue on the
west and Jones Street on the south.
6.2. Obligations of the CITY
6.2.1 CITY will issue such building permits for the Property as are consistent
with the Comprehensive Plan and that development approved by the
COB on November 21, 2006 in Case No. FLD2006-05030 and that
meet the requirements of the CODE and that go through any applicable
approval process.
6.2.2 The CITY shall consider the vacation of Osceola Avenue and the
vacation of three drainage and utility easements and one
ingress/egress easement as described in the related vacation request.
The effectiveness of this Agreement is contingent on the requested
5
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Page 6 of 13
vacation.
SECTION 7. PUBLIC FACILITIES TO SERVICE DEVELOPMENT The following public
facilities are presently available to the PROPERTY from the sources indicated below.
Development of the PROPERTY will be governed by the concurrency ordinance
provisions applicable at the time of development approval. With respect to
transportation, the concurrency provisions for the proposed development have been
met.
7.1. Potable water from the CITY.
7.2. Sewer service is currently provided by the CITY.
7.3. Fire protection from the CITY.
7.4. Drainage facilities for the parcel will be provided by DEVELOPER.
7.5 Reclaimed water from the CITY, if available.
7.6. Solid waste from the CITY.
SECTION 8. REQUIRED LOCAL GOVERNMENT PERMITS The required local government
development permits for development of the PROPERTY include, without limitation, the
following:
8.1. Site plan approval(s) and associated utility licenses, access, and right-of-way
utilization permits;
8.2. Construction plan approval(s);
8.3. Building permit(s); and
8.4. Certificate(s) of occupancy.
SECTION 9. CONSISTENCY The CITY finds that development of the PROPERTY
consistent with the terms of this AGREEMENT is consistent with the City Comprehensive
Plan.
SECTION 10. TERMINATION
10.1. If DEVELOPER'S obligations set forth in this AGREEMENT are not followed in a timely
manner, as determined by the City Manager, after notice to DEVELOPER and an
opportunity to be heard, existing permits shall be administratively suspended and
issuance of new permits suspended until DEVELOPER has fulfilled its obligations. Failure
timely to fulfill its obligations may serve as a basis for termination of this AGREEMENT by
6
Attachment number 1
Page 7 of 13
the CITY, at the discretion of the CITY and after notice to DEVELOPER and an opportunity
for DEVELOPER to be heard.
SECTION 11. OTHER TERMS AND CONDITIONS
11.1. Except in the case of termination, until ten (10) years after the date of this
AGREEMENT, the PROPERTY shall not be subject to downzoning, unit density reduction, or
intensity reduction, unless the CITY has held a public hearing and determined:
11.1.1 That substantial changes have occurred in pertinent conditions existing
at the time of approval of this AGREEMENT; or
11.1.2 This AGREEMENT is based on substantially inaccurate information
provided by DEVELOPER; or
11.1.3 That the change is essential to the public health, safety or welfare.
In the event of any such downzoning, unit density reduction, or intensity reduction for
any other reason than as set forth in Section 11.1.2, the CITY will give DEVELOPER
maximum access to the CITY'S Public Amenities Incentive Pool or other available
density under the revised conditions, in order for DEVELOPER to retain as much of its
entitlements under this Agreement as possible. To the degree that the number of
allowed units is decreased, DEVELOPER'S obligations to provide streetscaping, public art,
and other amenities in exchange for drawing from the CITY'S Public Amenities Incentive
Pool shall be reduced proportionately.
11.2 Unavoidable Delay.
11.2.1 Any delay in performance of or inability to perform any obligation under
this Agreement, including Exhibits hereto (other than an obligation to pay money) due to
any event or condition described in Section 11.2.2 as an event of "Unavoidable Delay"
shall be excused in the manner provided in this Section 11.2.
11.2.2 "Unavoidable Delay" means any of the following events or conditions
or any combination thereof: (a) acts of God or significant natural disruptions, for
example those caused by pestilence, epidemics, fire, lightning, hurricanes, earthquakes,
tornadoes, floods or extremely abnormal and excessively inclement weather (as
indicated by the records of the local weather bureau for a five-year period preceding the
Effective Date); (b) litigation which has the effect of precluding reasonable satisfaction
of the obligations of this Agreement; (c) significant social disruptions, for example those
caused by acts of the public enemy; riot, insurrection, war, quarantine restrictions,
freight embargoes, strikes, labor disturbance, or economic recession; (d) archaeological
excavations required by law; (e) unexpected delays by third-party vendors, and
unavailability of materials or services (for example insurance) after reasonable and
timely attempts to procure same; (f) delays due to proceedings under Chapters 73 and
74, Florida Statutes; (g) restoration in connection with any of the foregoing; (h) or any
7
Attachment number 1
Page 8 of 13
other cause beyond the reasonable control of the party performing the obligation in
question, including, without limitation, such causes as may arise from the act of the
other party to this Agreement, or acts of any governmental authority (except that acts of
the City shall not constitute an Unavoidable Delay with respect to performance by the
City).
11.2.3 An application by any party hereto for an extension of time pursuant to
this subsection must be in writing, must set forth in detail the reasons and causes of
delay, and must be filed with the other party to this Agreement within thirty (30) days
following the occurrence of the event or condition causing the Unavoidable Delay or
thirty (30) days following the party's becoming aware (or the date on which the party
with the exercise of reasonable diligence should have become aware) of such
occurrence.
11.2.4 A party hereto shall be entitled to an extension of time for an
Unavoidable Delay only for the number of days of delay due solely to the occurrence of
the event or condition causing such Unavoidable Delay and only to the extent that any
such occurrence actually delays it from proceeding with its rights, duties and obligations
under this Agreement affected by such occurrence.
11.2.5. Unavoidable delay shall not be applied to extend the duration of
this agreement as provided in 5.2.
SECTION 12. COMPLIANCE WITH LAW The failure of this AGREEMENT to address any
particular permit, condition, term or restriction shall not relieve DEVELOPER from the
necessity of complying with the law governing such permitting requirements, conditions,
terms or restrictions.
SECTION 13. NOTICES Notices and communications required or desired to be given
under this Agreement shall be given to the parties by hand delivery, by nationally
recognized overnight courier service such as Federal Express, or by certified mail,
return receipt requested, addressed as follows (copies as provided below shall be
required for proper notice to be given):
If to DEVELOPER:
Triangle Old Bay Holdings, LLC
305 North Fort Harrison Avenue
Clearwater, FL 33755
With copy to:
E. D. Armstrong III, Esquire
Johnson, Pope, Bokor, Ruppel & Burns, LLP
911 Chestnut St.
Clearwater, FL 33756
8
Attachment number 1
Page 9 of 13
If to CITY:
City Council of City of Clearwater
c/o City Manager
112 South Osceola Avenue
P. O. Box 4748
Clearwater, FL 33756
Properly addressed, postage prepaid, notices or communications shall be deemed
delivered and received on the day of hand delivery, the next business day after deposit
with an overnight courier service for next day delivery, or on the third (3rd) day following
deposit in the United States mail, certified mail, return receipt requested. The parties
may change the addresses set forth above (including the addition of a mortgagee to
receive copies of all notices), by notice in accordance with this Section.
SECTION 14.
INTENTIONALLY OMITTED.
SECTION 15. MINOR NON-COMPLIANCE DEVELOPER will not be deemed to have
failed to comply with the terms of this AGREEMENT in the event such non-compliance, in
the judgment of the City Manager, reasonably exercised, is a minor or inconsequential
nature.
SECTION 16. COVENANT OF COOPERATION The parties shall cooperate with
and deal with each other in good faith and assist each other in the performance of the
provisions of this AGREEMENT and in achieving the completion of development of the
PROPERTY.
SECTION 17. ApPROVALS Whenever an approval or consent is required under or
contemplated by this AGREEMENT such approval or consent shall not be unreasonably
withheld, delayed or conditioned. All such approvals and consents shall be requested
and granted in writing.
SECTION 18. COMPLETION OF AGREEMENT Upon the completion of performance of
this AGREEMENT or its revocation or termination, a statement evidencing such
completion, revocation or termination shall be signed by the parties hereto and recorded
in the official records of the CITY.
SECTION 19. ENTIRE AGREEMENT This AGREEMENT (including any and all Exhibits
attached hereto all of which are a part of this AGREEMENT to the same extent as if such
Exhibits were set forth in full in the body of this AGREEMENT), constitutes the entire
agreement between the parties hereto pertaining to the subject matter hereof.
SECTION 20. CONSTRUCTION The titles, captions and section numbers in this
AGREEMENT are inserted for convenient reference only and do not define or limit the
scope or intent and should not be used in the interpretation of any section, subsection
or provision of this AGREEMENT. Whenever the context requires or permits, the singular
shall include the plural, and plural shall include the singular and any reference in this
AGREEMENT to DEVELOPER includes DEVELOPER'S successors or assigns. This
9
Attachment number 1
Page 10 of 13
AGREEMENT was the production of negotiations between representatives for the CITY
and DEVELOPER and the language of the Agreement should be given its plain and
ordinary meaning and should not be construed against any party hereto. If any term or
provision of this AGREEMENT is susceptible to more than one interpretation, one or more
of which render it valid and enforceable, and one or more of which would render it
invalid or unenforceable, such term or provision shall be construed in a manner that
would render it valid and enforceable.
SECTION 21. PARTIAL INVALIDITY If any term or provision of this AGREEMENT or
the application thereof to any person or circumstance is declared invalid or
unenforceable, the remainder of this AGREEMENT, including any valid portion of the
invalid term or provision and the application of such invalid term or provision to
circumstances other than those as to which it is held invalid or unenforceable, shall not
be affected thereby and shall with the remainder of this AGREEMENT continue unmodified
and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any
party thereto to the extent that the purpose of this AGREEMENT or the benefits sought to
be received hereunder are frustrated, such party shall have the right to terminate this
AGREEMENT upon fifteen (15) days notice to the other parties.
SECTION 22. CODE AMENDMENTS Subsequently adopted ordinances and codes
of the CITY which are of general application not governing the development of land shall
be applicable to the PROPERTY, and such modifications are specifically anticipated in
this AGREEMENT.
SECTION 23. GOVERNING LAW This AGREEMENT shall be governed by and
construed in accordance with the laws of the State of Florida without regard to the
conflict of laws principles of such state.
SECTION 24. COUNTERPARTS This AGREEMENT may be executed in counterparts,
all of which together shall continue one and the same instrument.
IN WITNESS WHEREOF, the parties have hereto executed this AGREEMENT the date
and year first above written.
[End of Substantive Provisions, Signature Page to follow.]
10
WITNESSES:
Printed Name:
Printed Name:
Countersigned:
Frank V. Hibbard
Mayor
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Attachment number 1
Page 11 of 13
TRIANGLE OLD BAY HOLDINGS, LLC,
a Florida limited liability company
By:
Its: Managing Member
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II
Attest:
Cynthia E. Goudeau
City Clerk
11
Attachment number 1
Page 12 of 13
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this ,
2007, by , as managing member of Triangle Old Bay Holdings,
LLC, a Florida limited liability company, on behalf of the company, who D is personally
known to me or who D produced as identification.
Notary Public
Print Name:
STATE OF FLORIDA
CITY OF PINELLAS
The foregoing instrument was acknowledged before me this
, 2007, by Frank V. Hibbard, as Mayor of the City of Clearwater,
Florida, who D is personally known to me or who D produced
identification.
Notary Public
Print Name:
STATE OF FLORIDA
CITY OF PINELLAS
The foregoing instrument was acknowledged before me this
, 2007, by William B. Horne II, City Manager of the City of
Clearwater, Florida, who D is personally known to me or who D produced
identification.
Notary Public
Print Name:
12
Exhibits:
"A": Legal Description of Property - see attached land survey
"B": Concept Plan
"C": Renderings attached
"0-1" Phasing Plan - Phase 1
"0-2" Phasing Plan - Phase 2
"0-3" Phasing Plan - Phase 3
"E": Phasing Schedule
"E-1" Phase 1 Streetscaping
"E-2" Phase 2 Streetscaping
"E-3" Phase 3 Streetscaping
"F" Proof of Title to 24' Sliver of Land Purchased from Church of Scientology
"G" Ownership Documentation - Triangle Old Bay Holdings
"G-1" Triangle Old Bay Merger
"G-2" Entity name changes
"H" Phase 1 Dedicated Land
02/13/0709:43 AM
45403.108701
#378904 v1 - Triangle/Development Agreement
13
Attachment number 1
Page 13 of 13
Attachment number 2
Page 1 of 13
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated
2007, effective as provided in Section 5 of this Agreement, and entered into between
TRIANGLE OLD BAY HOLDINGS, LLC, a Florida limited liability company
("DEVELOPER") and the CITY OF CLEARWATER, FLORIDA, a political subdivision of
the State of Florida acting through its City Council ("COUNCIL"), the governing body
thereof ("CITY").
R E C ! I A 1 S:
A. Sections 163.3220 - 163.3243, Florida Statutes, which set forth the
Florida Local Government Development Agreement Act ("ACT"), authorize the CITY to
enter into binding development agreements with persons having a legal or equitable
interest in real property located within the corporate limits of the City.
B. Under Section 163.3223 of the ACT, the CITY has adopted Section 4-606
of the City of Clearwater Community Development Code ("CODE"), establishing
procedures and requirements to consider and enter into development agreements.
C. DEVELOPER owns approximately 5.18 acres m.o.1. of real property
("PROPERTY") in the corporate limits of the CITY, more particularly described on Exhibit
"A" (Land Survey) attached hereto and incorporated herein. (4.98 acres of this land can
be used for unit density, and the remaining 0.2 acres has 0 units allowed.)
D. DEVELOPER desires to develop the Property as a mixed residential/retail
development, consisting of not more than 358 residential units and 13,235 square feet
of retail, with associated parking, generally conforming to that development approved by
the CDB on November 21, 2006 in Case No. FLD2006-05030.
E. The PROPERTY currently has a land use designation of Central Business
District and is zoned Downtown.
F. The CITY and DEVELOPER have determined that it would be mutually
beneficial to enter into a development agreement governing the matters set forth herein
and have negotiated this AGREEMENT in accordance with the CODE and the ACT.
G. The CITY has found that the terms of, and future development orders
associated with, this AGREEMENT are consistent with the City Comprehensive Plan and
the CODE.
Attachment number 2
Page 2 of 13
STATEMENT OF AGREEMENT
In consideration of and in reliance upon the premises, the mutual covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto intending to be legally bound and
in accordance with the ACT, agree as follows:
SECTION 1. RECITALS
AGREEMENT.
The above recitals are true and correct and are a part of this
SECTION 2. INCORPORATION OF THE ACT This AGREEMENT is entered into in
compliance with and under the authority of the CODE and the ACT, the terms of which as
of the date of this AGREEMENT are incorporated herein by this reference and made a part
of this AGREEMENT. Words used in this AGREEMENT without definition that are defined in
the ACT shall have the same meaning in this AGREEMENT as in the ACT.
SECTION 3. PROPERTY SUBJECT TO THIS AGREEMENT The PROPERTY is subject to this
AGREEMENT.
SECTION 4. OWNERSHIP The PROPERTY is owned in fee simple by DEVELOPER. See
Exhibit "G" Ownership Information, Exhibit "G-1" Triangle Old Bay Holdings Merger,
Exhibit "G-2" Entity Name Changes.
SECTION 5. EFFECTIVE DATE/DuRATION OF THIS AGREEMENT
5.1 This AGREEMENT shall become effective as provided for by the ACT and upon the
vacation of Osceola Ave. as described in Section 6.2.2.
5.2 This AGREEMENT shall continue in effect until terminated as defined herein but for
a period not to exceed ten (10) years.
SECTION 6. OBLIGATIONS UNDER THIS AGREEMENT
6.1 Obligations of the DEVELOPER
6.1.1. The obligations under this AGREEMENT shall be binding on
DEVELOPER, its successors or assigns.
6.1.2. At the time of development of the PROPERTY, DEVELOPER will submit
such applications and documentation as are required by law and shall comply with the
City's CODE applicable at the time of development review.
6.1.3.
PROPERTY:
The following restrictions shall apply to development of the
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Page 3 of 13
6.1.3.1 The PROPERTY shall be developed in conformance with that
development approved by the CDB on November 21, 2006 in Case No. FLD2006-
05030. The population density and maximum building intensity are shown in that
approved development application. Specifically, the Property shall be developed in 3
phases. Phase 1 will commit the entire 5.18 acres, which at 50 units per acre (and 4.98
countable acres) has 249 units permitted. 116 units will be built in Phase 1, drawing 16
units from the Public Amenities Incentive Pool (so as to be eligible for extra height).
109 units will be built in Phase 2, drawing 1 unit from the Public Amenities Incentive
Pool (for extra height). Phase 3 will have a 17 -story tower with 109 units, plus 24 units
& 13,235 sf of retail space built on the east side of Osceola Ave, for a total in Phase 3 of
133 units, drawing 92 additional units and 13,235 square feet from the Public Amenities
Incentive Pool, for a total of 109 units and 13,235 square feet of non-residential floor
area from the Public Amenities Incentive Pool over the entire project.
6.1.3.2 Building height to the highest point of the finished flat roof
surface of the 3 Island View condominium towers shall not exceed 180 feet above the
mean site elevation. Building height to the top of parapet of the two (2) buildings
comprising Harrison Village shall not exceed 48 feet above the mean site elevation for
the Harrison Village Site.
6.1.3.3 The architectural style of the structures to be constructed on
the Property shall be as shown on the renderings attached hereto as Exhibit "C."
6.1.3.4 Development of the Property shall be phased as set forth on
Exhibits "D1", "D2" and "D3" attached hereto and incorporated herein. In the event that
Developer fails to meet the commencement and completion dates for each phase set
forth on Exhibit "E" attached hereto, this Development Agreement shall terminate as it
relates to the remaining phases. The Agreement shall remain in full force and effect for
any completed phase or any phase timely commenced. For the purpose of this
Agreement a phase shall be deemed to have commenced upon the issuance of a
foundation permit and the start of physical construction of the foundation pursuant
thereto. Completion of a phase shall mean the issuance of the certificate of occupancy
for the shell of the structure or structures in the phase.
6.1.3.5 The parties acknowledge that it is conceivable that the
Project will not proceed to full completion of all phases. Accordingly, DEVELOPER
agrees that the 2.0 acre parcel of land described in Exhibit "H" (the "Exhibit "H"
Property") hereto shall be dedicated to support the entitlements which comprise Phase
1, and shall remain encumbered by the provisions of this Development Agreement
notwithstanding the amendment of the site plan for the balance of the Property. The
deed restriction required by Paragraph 6.1.4 shall include said dedication and
encumbrance. In the event Phases 2 and 3 are not developed, the "Exhibit "H"
Property" shall be limited to the 116 units allowed in Phase 1, and the "Exhibit "H"
Property" shall be encumbered by this restriction immediately upon the issuance of a
building permit for Phase 1.
3
Attachment number 2
Page 4 of 13
6.1.3.6 Parking will be provided as required by Code for Phase 1 in
the initial part of the parking structure built in Phase 1.
6.1.3.7 No certificate of occupancy shall be issued for each phase
until the streetscaping for that phase has been substantially completed, as set forth in
Exhibits "E", "E-1 ", "E-2" and"E-3" attached hereto and incorporated herein. Specifically
this includes:
Phase 1:
Landscaping and hardscaping of:
a) West side of Osceola Ave
b) East side of Fort Harrison Ave between Jones Street and
Georgia Street.
Phase 2:
Landscaping and hardscaping of:
a) North side of Georgia Street
b) Intersection of Jones St and Ft Harrison Ave
Phase 3:
Landscaping and hardscaping of:
a) West side of Ft. Harrison Ave. between Georgia and Jones
b) East side of Osceola Ave, south side of Georgia St. and north
side of Jones Street, and Osceola crosswalks and mid block
pedestrian plaza in Harrison Village; all as shown on Exhibit "0".
c) Base of Georgia Street upgraded with landscaping and
hardscaping.
d) Intersection of Georgia St. and Ft Harrison Ave
The parties agree that the obligation of DEVELOPER to construct the phase
improvements described above is contingent upon Developer proceeding to
construct each respective phase of the Project.
6.1.3.8. Existing Osceola shall be closed only upon completion by
Developer of the conditional requirements of vacation ordinance # 7769-07, which
conditions include:
a)
b)
deeding property to the City of Clearwater for a new 50-foot R.O.W
for Osceola Ave.,
completion of a temporary road (parallel to Ft. Harrison) available
for use by emergency vehicles, and
submission of a letter of credit (which letter of credit shall be
reasonably acceptable to the City Attorney) to the City of
Clearwater providing a financial guarantee that all required
construction of and improvements to the relocated Osceola Avenue
(including relocation of utilities at DEVELOPER'S sole cost) will be
completed within two years of the effective date of the vacation
ordinance.
c)
4
Attachment number 2
Page 5 of 13
The applicant shall maintain the temporary road for use by emergency
vehicles at all times during this two year period, until the new Osceola Ave has
been completed.
6.1.4 Prior to issuance of the first building permit for the PROPERTY,
Developer shall record a deed restriction encumbering the PROPERTY, which deed
restriction shall be approved as to form by the City Attorney and which will generally
describe the development limitations of this AGREEMENT. The deed restriction shall be
perpetual and may be amended or terminated only with the consent of the CITY.
6.1.5 During construction of Phase 1 as described in Exhibit "E", that
portion of the Property which is a part of Phase 3 and is known as the "Harrison Village
property" will be used by DEVELOPER for construction-related uses and will initially
contain a temporary emergency vehicle access road. This road will be operational until
the completion and acceptance by City of the contemplated new portion of Osceola
Avenue referenced in Paragraph 6.1.3.8. Once the new portion of Osceola Avenue is
completed and accepted by the City, the temporary vehicle access road will be removed
and the entire Harrison Village property will be used for construction staging purposes
and other normal construction-related uses during the construction of Phases 1 and 2.
In the event that a construction hiatus (defined as being a time gap between the
date the Certificate of Occupancy is issued for the shell of the principal structure for
each Phase and the date construction commences on the subsequent Phase) of more
than 60 days occurs, DEVELOPER shall install and maintain landscaping improvements
across the entire portion of the Property known as the "Harrison Village Property"
consistent with all requirements of the City of Clearwater Land Development Code until
construction commences on the subsequent Phase. In the event no such permit is
issued for the subsequent Phase, DEVELOPER shall maintain the "Harrison Village
Property" consistent with the Land Development Code.
The Harrison Village Property is defined as the land bordered by Fort Harrison
Avenue on the east, Georgia Street on the north, the relocated Osceola Avenue on the
west and Jones Street on the south.
6.2. Obligations of the CITY
6.2.1 CITY will issue such building permits for the Property as are consistent
with the Comprehensive Plan and that development approved by the
CDB on November 21, 2006 in Case No. FLD2006-05030 and that
meet the requirements of the CODE and that go through any applicable
approval process.
6.2.2 The CITY shall consider the vacation of Osceola Avenue and the
vacation of three drainage and utility easements and one
ingress/egress easement as described in the related vacation request.
The effectiveness of this Agreement is contingent on the requested
5
Attachment number 2
Page 6 of 13
vacation.
SECTION 7. PUBLIC FACILITIES TO SERVICE DEVELOPMENT The following public
facilities are presently available to the PROPERTY from the sources indicated below.
Development of the PROPERTY will be governed by the concurrency ordinance
provisions applicable at the time of development approval. With respect to
transportation, the concurrency provisions for the proposed development have been
met.
7.1. Potable water from the CITY.
7.2. Sewer service is currently provided by the CITY.
7.3. Fire protection from the CITY.
7.4. Drainage facilities for the parcel will be provided by DEVELOPER.
7.5 Reclaimed water from the CITY, if available.
7.6. Solid waste from the CITY.
SECTION 8. REQUIRED LOCAL GOVERNMENT PERMITS The required local government
development permits for development of the PROPERTY include, without limitation, the
following:
8.1. Site plan approval(s) and associated utility licenses, access, and right-of-way
utilization permits;
8.2. Construction plan approval(s);
8.3. Building permit(s); and
8.4. Certificate(s) of occupancy.
SECTION 9. CONSISTENCY The CITY finds that development of the PROPERTY
consistent with the terms of this AGREEMENT is consistent with the City Comprehensive
Plan.
SECTION 10. TERMINATION
10.1. If DEVELOPER'S obligations set forth in this AGREEMENT are not followed in a timely
manner, as determined by the City Manager, after notice to DEVELOPER and an
opportunity to be heard, existing permits shall be administratively suspended and
issuance of new permits suspended until DEVELOPER has fulfilled its obligations. Failure
timely to fulfill its obligations may serve as a basis for termination of this AGREEMENT by
6
Attachment number 2
Page 7 of 13
the CITY, at the discretion of the CITY and after notice to DEVELOPER and an opportunity
for DEVELOPER to be heard.
SECTION 11. OTHER TERMS AND CONDITIONS
11.1. Except in the case of termination, until ten (10) years after the date of this
AGREEMENT, the PROPERTY shall not be subject to downzoning, unit density reduction, or
intensity reduction, unless the CITY has held a public hearing and determined:
11.1.1 That substantial changes have occurred in pertinent conditions existing
at the time of approval of this AGREEMENT; or
11.1.2 This AGREEMENT is based on substantially inaccurate information
provided by DEVELOPER; or
11.1.3 That the change is essential to the public health, safety or welfare.
In the event of any such downzoning, unit density reduction, or intensity reduction for
any other reason than as set forth in Section 11.1.2, the CITY will give DEVELOPER
maximum access to the CITY'S Public Amenities Incentive Pool or other available
density under the revised conditions, in order for DEVELOPER to retain as much of its
entitlements under this Agreement as possible. To the degree that the number of
allowed units is decreased, DEVELOPER'S obligations to provide streetscaping, public art,
and other amenities in exchange for drawing from the CITY'S Public Amenities Incentive
Pool shall be reduced proportionately.
11.2 Unavoidable Delay.
11.2.1 Any delay in performance of or inability to perform any obligation under
this Agreement, including Exhibits hereto (other than an obligation to pay money) due to
any event or condition described in Section 11.2.2 as an event of "Unavoidable Delay"
shall be excused in the manner provided in this Section 11.2.
11.2.2 "Unavoidable Delay" means any of the following events or conditions
or any combination thereof: (a) acts of God or significant natural disruptions, for
example those caused by pestilence, epidemics, fire, lightning, hurricanes, earthquakes,
tornadoes, floods or extremely abnormal and excessively inclement weather (as
indicated by the records of the local weather bureau for a five-year period preceding the
Effective Date); (b) litigation which has the effect of precluding reasonable satisfaction
of the obligations of this Agreement; (c) significant social disruptions, for example those
caused by acts of the public enemy; riot, insurrection, war, quarantine restrictions,
freight embargoes, strikes, labor disturbance, or economic recession; (d) archaeological
excavations required by law; (e) unexpected delays by third-party vendors, and
unavailability of materials or services (for example insurance) after reasonable and
timely attempts to procure same; (f) delays due to proceedings under Chapters 73 and
74, Florida Statutes; (g) restoration in connection with any of the foregoing; (h) or any
7
Attachment number 2
Page 8 of 13
other cause beyond the reasonable control of the party performing the obligation in
question, including, without limitation, such causes as may arise from the act of the
other party to this Agreement, or acts of any governmental authority (except that acts of
the City shall not constitute an Unavoidable Delay with respect to performance by the
City).
11.2.3 An application by any party hereto for an extension of time pursuant to
this subsection must be in writing, must set forth in detail the reasons and causes of
delay, and must be filed with the other party to this Agreement within thirty (30) days
following the occurrence of the event or condition causing the Unavoidable Delay or
thirty (30) days following the party's becoming aware (or the date on which the party
with the exercise of reasonable diligence should have become aware) of such
occurrence.
11.2.4 A party hereto shall be entitled to an extension of time for an
Unavoidable Delay only for the number of days of delay due solely to the occurrence of
the event or condition causing such Unavoidable Delay and only to the extent that any
such occurrence actually delays it from proceeding with its rights, duties and obligations
under this Agreement affected by such occurrence.
11.2.5. Unavoidable delay shall not be applied to extend the duration of
this agreement as provided in 5.2.
SECTION 12. COMPLIANCE WITH LAW The failure of this AGREEMENT to address any
particular permit, condition, term or restriction shall not relieve DEVELOPER from the
necessity of complying with the law governing such permitting requirements, conditions,
terms or restrictions.
SECTION 13. NOTICES Notices and communications required or desired to be given
under this Agreement shall be given to the parties by hand delivery, by nationally
recognized overnight courier service such as Federal Express, or by certified mail,
return receipt requested, addressed as follows (copies as provided below shall be
required for proper notice to be given):
If to DEVELOPER:
Triangle Old Bay Holdings, LLC
305 North Fort Harrison Avenue
Clearwater, FL 33755
With copy to:
E. D. Armstrong III, Esquire
Johnson, Pope, Bokor, Ruppel & Burns, LLP
911 Chestnut St.
Clearwater, FL 33756
8
Attachment number 2
Page 9 of 13
If to CITY:
City Council of City of Clearwater
c/o City Manager
112 South Osceola Avenue
P. O. Box 4748
Clearwater, FL 33756
Properly addressed, postage prepaid, notices or communications shall be deemed
delivered and received on the day of hand delivery, the next business day after deposit
with an overnight courier service for next day delivery, or on the third (3rd) day following
deposit in the United States mail, certified mail, return receipt requested. The parties
may change the addresses set forth above (including the addition of a mortgagee to
receive copies of all notices), by notice in accordance with this Section.
SECTION 14.
INTENTIONALLY OMITTED.
SECTION 15. MINOR NON-COMPLIANCE DEVELOPER will not be deemed to have
failed to comply with the terms of this AGREEMENT in the event such non-compliance, in
the judgment of the City Manager, reasonably exercised, is a minor or inconsequential
nature.
SECTION 16. COVENANT OF COOPERATION The parties shall cooperate with
and deal with each other in good faith and assist each other in the performance of the
provisions of this AGREEMENT and in achieving the completion of development of the
PROPERTY.
SECTION 17. ApPROVALS Whenever an approval or consent is required under or
contemplated by this AGREEMENT such approval or consent shall not be unreasonably
withheld, delayed or conditioned. All such approvals and consents shall be requested
and granted in writing.
SECTION 18. COMPLETION OF AGREEMENT Upon the completion of performance of
this AGREEMENT or its revocation or termination, a statement evidencing such
completion, revocation or termination shall be signed by the parties hereto and recorded
in the official records of the CITY.
SECTION 19. ENTIRE AGREEMENT This AGREEMENT (including any and all Exhibits
attached hereto all of which are a part of this AGREEMENT to the same extent as if such
Exhibits were set forth in full in the body of this AGREEMENT), constitutes the entire
agreement between the parties hereto pertaining to the subject matter hereof.
SECTION 20. CONSTRUCTION The titles, captions and section numbers in this
AGREEMENT are inserted for convenient reference only and do not define or limit the
scope or intent and should not be used in the interpretation of any section, subsection
or provision of this AGREEMENT. Whenever the context requires or permits, the singular
shall include the plural, and plural shall include the singular and any reference in this
AGREEMENT to DEVELOPER includes DEVELOPER'S successors or assigns. This
9
Attachment number 2
Page 10 of 13
AGREEMENT was the production of negotiations between representatives for the CITY
and DEVELOPER and the language of the Agreement should be given its plain and
ordinary meaning and should not be construed against any party hereto. If any term or
provision of this AGREEMENT is susceptible to more than one interpretation, one or more
of which render it valid and enforceable, and one or more of which would render it
invalid or unenforceable, such term or provision shall be construed in a manner that
would render it valid and enforceable.
SECTION 21. PARTIAL INVALIDITY If any term or provision of this AGREEMENT or
the application thereof to any person or circumstance is declared invalid or
unenforceable, the remainder of this AGREEMENT, including any valid portion of the
invalid term or provision and the application of such invalid term or provision to
circumstances other than those as to which it is held invalid or unenforceable, shall not
be affected thereby and shall with the remainder of this AGREEMENT continue unmodified
and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any
party thereto to the extent that the purpose of this AGREEMENT or the benefits sought to
be received hereunder are frustrated, such party shall have the right to terminate this
AGREEMENT upon fifteen (15) days notice to the other parties.
SECTION 22. CODE AMENDMENTS Subsequently adopted ordinances and codes
of the CITY which are of general application not governing the development of land shall
be applicable to the PROPERTY, and such modifications are specifically anticipated in
this AGREEMENT.
SECTION 23. GOVERNING LAW This AGREEMENT shall be governed by and
construed in accordance with the laws of the State of Florida without regard to the
conflict of laws principles of such state.
SECTION 24. COUNTERPARTS This AGREEMENT may be executed in counterparts,
all of which together shall continue one and the same instrument.
IN WITNESS WHEREOF, the parties have hereto executed this AGREEMENT the date
and year first above written.
[End of Substantive Provisions, Signature Page to follow.]
10
WITNESSES:
Printed Name:
Printed Name:
Countersigned:
Frank V. Hibbard
Mayor
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Attachment number 2
Page 11 of 13
TRIANGLE OLD BAY HOLDINGS, LLC,
a Florida limited liability company
By:
Its: Managing Member
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II
Attest:
Cynthia E. Goudeau
City Clerk
11
Attachment number 2
Page 12 of 13
STATE OF FLORI DA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this
2007, by , as managing member of Triangle Old Bay Holdings,
LLC, a Florida limited liability company, on behalf of the company, who D is personally
known to me or who D produced as identification.
Notary Public
Print Name:
STATE OF FLORI DA )
CITY OF PINELLAS )
The foregoing instrument was acknowledged before me this
, 2007, by Frank V. Hibbard, as Mayor of the City of Clearwater,
Florida, who D is personally known to me or who D produced
identification.
Notary Public
Print Name:
STATE OF FLORI DA )
CITY OF PINELLAS )
The foregoing instrument was acknowledged before me this
, 2007, by William B. Horne II, City Manager of the City of
Clearwater, Florida, who D is personally known to me or who D produced
identification.
Notary Public
Print Name:
12
Exhibits:
"A": Legal Description of Property - see attached land survey
"B": Concept Plan
"C": Renderings attached
"0-1" Phasing Plan - Phase 1
"0-2" Phasing Plan - Phase 2
"0-3" Phasing Plan - Phase 3
"E": Phasing Schedule
"E-1" Phase 1 Streetscaping
"E-2" Phase 2 Streetscaping
"E-3" Phase 3 Streetscaping
"F" Proof of Title to 24' Sliver of Land Purchased from Church of Scientology
"G" Ownership Documentation - Triangle Old Bay Holdings
"G-1" Triangle Old Bay Merger
"G-2" Entity name changes
"H" Phase 1 Dedicated Land
02/13/07 09:43 AM
45403.108701
#378904 v1 - Triangle/Development Agreement
13
Attachment number 2
Page 13 of 13
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EXHIBIT "Fn
Attachment number 5
Page 1 of 2
APORTlCJN
LOTS 2 k 3
2
N8S. 'l"W 185.55 1
- - l-l JOHES SU9DlWllON OF
LOT t NlOlOLSON's AOOlTlON TO I
a..EARWATER HARBOR P.O. 1
BLOCK 2 1 PG.13 HUSemOUGH COUNlY
SECTION 9 TOWNSHIP 29 S, RANGE 15E
PINELLAS COUNTY, FLORIDA
PROJECT NUMBER 3324-02
GEORGIA SlREET
SOUTH RIGHT- OF WAY UNE
8
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A. B. & JE~mIE GATES SUBDIVISION ~
PB 1, PG 54
--.........-......-.......------
PARCEL FOUR
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A PART OF SECT10N 9, TOWNSHIP 29 ~
SOUTH. RANGE 15 cAST
o I
A PART Of' SECTlON 9, TOWNSHIP 29
SOUTH, RANGE 15 EAST
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REVISED 07/28/06
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NOT A SURVEY
i:-
KETCH & DESCRIPTlON
EVlSED
DATE
08/10/06
08/24/06
PORTION OF PARCEL IV
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SUBDIVISION I )..~ .
I.LI P.B. t PG, 6 I~~~
:::J ~ LOr 5
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--J ~ --
-- ~~~
~ ~~~
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L LOT 4 ~d
(J PLATLlNJ _ _ _
en
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L ORAl I4GE AND U71UTY EASEMENT
\o\CA7ED ALLEY PER a.R.
OOK 7546, PGS. 607-608
---
~ --=- --=- --=- -
~' I/NGkESS GRESS EASEMENT PER
o. .800 7540 PGS. 275-27B
, - ----- - ---
DRAl JlGE AND UlIUTY EASEMENT
VACA7E'D ALLEY ~R
g ~'-r(I'O' ~~..~~19 PGS. 319-321
~ ~ \J ", LOT B
N a.i. I BE RGENS REPLA r
f _ P.8. 26~'j PC, 41
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",' LOT A
SHEET 1 OF 2
POI..AR8 ASSQCIA7ES INC.
PROFESSIONAL SURVE:'t1NG La 6113
18B50 U.S HIGHWAY 19 N. SUITE 500
l?l-EA~WA 1E'R, FLORIDA J3764
Attachment number 5
Page 2 of 2
SECTION 9 TOWNSHIP 29 S, RANGE 15E
PINELLAS COUNTY, FLORIDA
PROJECT NUMBER 3324-02
DESCRIPTION
PORTION OF PARCEL IV
A PORTION OF SECTION 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, AND A PORTION OF
LOTS 2 AND 3 OF JONES SUBDIVISION OF NICHOLSON'S ADDITION TO CLEARWATER HARBOR AS RECORDED IN PLAT
BOOK 1. PAGE 13 OF HILLS80ROUGH COUNTY, FLORIDA, Of WHICH PINELLAS COUNTY WAS FORMERLY A PART, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT mE NORTHEAST CORNER OF SAiD LOT 1 OF JENNIE CATES SUBDIVISION, AS RECORDED IN PLAT BOOK
1, PAGE 64 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, ALSO BEING TJ-lE INTERSECTION OF THE
SOUTHERLY RIGHT-OF-WAY LINE OF GEORGIA STREET AND THE WESTERLY RIGHT-OF-WAY LINE OF NORTH FORT
HARRISON AVENUE; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF GEORGIA STREET S.8B.40'4S"W" 150.03
FEET; THENCE LEAVING SAID LINE, S.0016'19"E" 397.79 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
S,00.16'19"E., 24.00 FEET; lHENCE N.89"44'18"W., 1B5.55 FEET; THENCE N.0015'42"E., 24.00 FEET; THENCE
5,89'44'18"E., 185.31 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.102 ACRES, MORE OR LESS.
NOT E S
1. BEARINGS ARE BASED ON THE WEST RIGHT-Of-WAY LINE OF OSCEOLA AVENUE, BEING ASSUMED AS
S0016'19"E.
2, LEGAL DESCRIPTION WAS PREPARED BY POLARIS ASSOCIATES, INC.
3, RE-USE OF THIS SKETCH FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED, WITHOUT WRlmN
VERIFICATION, WILL BE AT THE RE-USERS SOLE RISK AND WITHOUT UABILlTY TO THE SURVEYOR. NOTHING
HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE CERTIFIED
TO.
4. THIS SKETCH IS NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE OF ANY JURISDICTIONAL, HAZARDOUS
OR ENVIRONMENTALLY SENSITIVE AREAS.
5. THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT Of TITLE AND MAY BE SUBJECT TO
EASEMENTS, RESTRICTIONS, RIGHTS-OF-WAY AND OTI-1ER MAnERS OF RECORD.
CERTIFICATION
I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS THE MINIMUM TECHNICAL STANDARDS
SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STAWTES.
NOT A SURVEY
~ DATE
KETCH & DESCRIPTION 08/10/06
EVlSED 08/24/06
SHEET 2 OF 2
PORTION OF PARCEL IV
POLARIS ASSOCIATES INC.
PROFESSIONAL SURVE:YlNG LB 6113
18850 U.s. HIGHWAY 19 N. SUITE 500
Cl.EA!?WA TErR, FLORIDA 13764
B
~
B
~
~
~
~
8
irpartmrttt of ~tut r
Attachment number 6
Page 2 of 9
(((H060001991523)))
CERTIFICATE OF MERGER OF
GEORGIA STREET PROPERTIES, LLC (a Florida limited liability company)
and
ISLAND VIEW PROPERTIES, LLC (a Florida limited liability company)
and
TRIANGLE S.A. LAND, LLC (a Florida limited liability company)
and
HARRISON VILLAGE PROPERTIES, LLC (a Florida limited liability company)
with and into
,y
TRIANGLE OLD BAY HOLDINGS, LLC
(a Florida limited liability company)
Pursuant to Sections 608.4382
of the Florida Limited Liability Company Act
Pursuant to Section 608.4382 of the Florida Limited Liability Company Act, this
Certificate of Merger provides as follows:
ARTICLE I
State of Organization~ Surviving Company
1.1 The name and state of organization of each of the constituent companies of the
merger is as follows:
Name
Georgia Street Properties, LLC
Island View Properties, LLC
Triangle S .A. Land, LLC
Harrison Village Properties, LLC
Triangle Old Bay Holdings, LLC
State of Organization
Florida
Florida
Florida
Florida
Florida
1.2 Triangle Old Bay Holdings, LLC, a Florida limited liability company, shall be the
surviving entity.
(((H060001991523)))
Attachment number 6
Page 3 of 9
(((H060001991523)))
ARTICLE II
Agreement and Plan of Merger
The Agreement and Plan of Merger providing for the merger of the above entities is
attached hereto as Exhibit A.
ARTICLE III
Approval of the Plan
3.1 In accordance with Florida Law and the operating agreement of Georgia Street
Properties, LLC, the sole member of Georgia Street Properties, LLC approved and adopted the
Agreement and Plan of Merger on August 8, 2006.
3.2 In accordance with Florida Law and the operating agreement of Island View
Properties, LLC, the sole member of Island View Properties, LLC approved and adopted the
Agreement and Plan of Merger on August 8, 2006.
3.3 In accordance with Florida Law and the operating agreement of Triangle S.A.
Land, LLC, the managing member of Triangle S.A. Land, LLC approved and adopted the
Agreement and Plan of Merger on August 8, 2006.
3.4 In accordance with Florida Law and the operating agreement of Harrison Village
Properties, LLC, the sole member of Harrison Village Properties, LLC approved and adopted the
Agreement and Plan of Merger on August 8, 2006.
3.5 In accordance with Florida Law and the operating agreement of Triangle Old Bay
Holdings, LLC, the managing member of Triangle Old Bay Holdings, LLC approved and
adopted the Agreement and Plan of Merger on August 8,2006.
ARTICLE IV
Effective Time of Merger
This merger shall become effective on the date and time this Certificate of Merger is filed
by the Department of State of the State of Florida.
[Signature Pages Follow]
2
(((H060001991523)))
Attachment number 6
Page 4 of 9
(((H060001991523)))
IN WITNESS 'VHEREOF, the undersigned have caused this Certificate of Merger to be
executed this 8th day of August, 2006.
GEORGIA STREET PROPERTIES, LLC
a Florida limited liability company
By Triangle Old Bay Holdings., LLC
Its: Sole Member
By: Triangle Property Holdings, LLC
Its: Managing Member
ISLAND VIEW PROPERTIES, LLC
a Florida limited liability cornparlY
By, Triangle Old Bay Holdings, LLC
lts:- -Sole Member
TRlANGL.E S.A. LAND, LLC
a Florida limited liability company
By: -/If?.
Ron Pollack, Manager
~
3
(((H060001991523)))
Attachment number 6
Page 5 of 9
(((H060001991523)))
HARRISON VILLAGE PROPERTlES, T..LC
a Florida limited liability company
By Triangle Old Bay Holdings, LLC
Its: Sole Member
-~
TRIANGLE 0[,)) BAY HOLDINGS, LLC
a Florida limited liability company
4
(((H060001991523)))
Attachment number 6
Page 6 of 9
EXHIBIT A
(((H060001991523)))
AGREEMENT AND PLAN OF MERGER
THIS AGREEMENT AND PLAN OF MERGER (this "Agreement") is made and
entered into this 8th day of August, 2006, by and between TRIANGLE OLD BAY
HOLDINGS, LLC, ("Triangle"), GEORGIA STREET PROPERTIES, LLC ("Georgia
Street"), ISLAND VIEW PROPERTIES, LLC ("Island View"), TRIANGLE S.A. LAND,
LLC ("Triangle S.A.") and HARRISON VILLAGE PROPERTIES, LLC ("Harrison"), all
being limited liability companies organized and existing under the laws of the State of Florida.
Triangle, Georgia Street, Island View, Triangle S.A. and Harrison are sometimes collectively
referred to in this Agreement as the "Constituent Companies" and are sometimes referred to
individually as a "Constituent Company."
WITNE S SE TH:
WHEREAS, the manager or member, as the case may be, of each Constituent Company
deems it advisable and for the general welfare of such company and its members that Georgia
Street, Island View, Triangle S.A. and Harrison merge with and into Triangle, pursuant to this
Agreement and the applicable laws ofthe State of Florida; and
WHEREAS, upon the Effective Date of the merger, Triangle shall be the surviving
entity.
NOW, THEREFORE, the Constituent Companies, in consideration of the premises and
the mutual covenants, agreements and provisions hereinafter contained, do hereby agree upon
and prescribe the terms and conditions of said merger and the method of carrying the same into
effect in this Agreement as follows:
ARTICLE I
PLAN OF MERGER
The Constituent Companies have agreed and do hereby agree each with the other that
Georgia Street, Island View, Triangle S.A. and Harrison shall be merged with and into Triangle.
Triangle shall be the surviving company in the merger and shall be governed by the laws of the
State of Florida, which state shall continue to be its domicile.
ARTICLE II
EFFECTIVE DATE
The merger provided for in this Agreement shall become effective and the Constituent
Companies shall be deemed to have merged as of date and time the Certificate of Merger is filed
by the Department of State of the State of Florida. (the "Effective Date").
(((H060001991523)))
Attachment number 6
Page 7 of 9
(((H060001991523)))
ARTICLE III
MANNER OF CONVERTING INTERESTS
. Pursuant to the merger, all of the outstanding membership interests of Georgia Street,
Island View, Triangle S.A. and Harrison will be cancelled. No new membership interests in
Triangle will be issued. Each membership interest in Triangle that is outstanding on the
Effective Date shall continue and remain unchanged.
ARTICLE IV
EFFECT OF THE MERGER
4.1 Existence. On the Effective Date, the separate existences of Georgia Street,
Island View, Triangle S.A. and Harrison shall cease and they shall be merged with and into
Triangle. Thereupon, the title to all real estate and other property, or any interest therein, owned
by each of Georgia Street, Island View, Triangle S.A. and Harrison shall be vested in Triangle
without further act of deed and without reversion or impairment. Triangle shall thenceforth be
responsible and liable for all the liabilities and obligations of Georgia Street, Island View,
Triangle S,A. and Harrison.
4.2 Articles of Organization. The Articles of Organization of Triangle, in effect on
the Effective Date, shall continue in full force and effect as the Articles of Organization of
Triangle and shall not be changed or amended by the merger.
4.3 Operating Agreement. The Operating Agreement of Triangle, as in effect on the
Effective Date, shall continue in full force and effect as the Operating Agreement of Triangle and
shall not be changed or amended by the merger.
ARTICLE V
GENERAL PROVISIONS
5.1 Entire Agreement. This Agreement constitutes the entire Agreement between
the parties and supersedes and cancels any other agreement, representation or communication,
whether oral or written, among the parties hereto relating to the transactions contemplated herein
or the subject matter hereof.
5.2 Headings. The headings in the Agreement are inserted for convenience only and
shall not affect in any way the meaning or interpretation of this Agreement.
5.3 Expenses. Triangle shall pay all expenses of carrying this Agreement into effect
and of accomplishing the merger.
5.4 Counterparts. This Agreement may be simultaneously executed in several
counterparts, each of which as executed shall be deemed to be an original; and such counterparts
shall together constitute one and the same instrument.
2
(((H060001991523)))
Attachment number 6
Page 8 of 9
(((H060001991523)))
IN 'WITNESS WHEREOF, the undersigned have caused this Agreement to be executed as
of the date first written above.
TIUANGLE OLD BAY HOLDINGS, LLC
a Florida limited liability company
By: Triangle Property Holdings~ LLC
Its: Managing Member
By Triangle.bld Bay Holdings, LLC
Its: Sole Member
By:
Ben T<
ISLAND VIEW PROPERTIES, LLC
a Florida limited liability company
By Triangle Old Bay Holdings~ LLC
Its: Sole Member
By: Triangle Property Holdings, LLC
Its: Managing Member
3
(((H060001991523)))
Attachment number 6
Page 9 of 9
(((H060001991523)))
TRIANGLE S.A. LAND, LLC
a Florida' limited liability company
BY;~
Ron Pollack) Manager
HARRISON VILLAGE PROPERTIES, LLC
a Florida limited liability company
By Triangle Old Bay Holdings) LLC
Its: Sole Member
16771G4vl
4
(((H060001991523)))
Exhibit G-2 Entity Name Changes
by and return 10:
Thomns c. Nl1llh, 0, Esq.
Macfarlane &: McMullen
62S Court Suite 200 (3S7S6)
P,O. Box 16159
FL 337S7
AFlrl DA vrr ^-S TO CORPOIU'm NAME
STATE OF
COUNTY Oll' PlNELLAS
BEFORE
the
personally u.ppearcd BenjlllT1in
11 Plorida limited liability compllDY (the
and IRlYs:
Partner of Island View
"Affiant"), who fi:r:ll
duly swom,
1.
2.
That Affiant is duly authorized to tlUs Aflidavit,
That the Affiant is Partner of Island View Properties.
limIted liability
3. On April 2004, Artielt:!tl
State of Florida for 302-308 N. Osceola Properties LLC,
4, On November 12,2004, 302-308 N.
were filed with the
LLC's 11.lU'nc was changed
arc attached to this
to Island View
AOidavit).
LLC (n cop)' 01' the
PENALTIES OF PER.TlTRY, WE DECLARE TI-IA'l' WI! HAVE EXAMINEO THIS
CER,'I'lF'JCATION AND TO 'rHE BEST OF OUR. AND BELIEF IT IS
AND COMPLETE,
ISLAND Vll!W PROPERTIES,
11 Florida limited liability company
)
)
TIle was acknowledged before me this
Bel:.\iLimi.n MMaSing Partner of Isbmd View )'ropertit:!tl.
compllDY. ........-
l'c",l.Inlll1y Known v"" OR Produced Idontificatinn
Type: otIdentll1c.u.tion Provided -
of May, ::lO06, by
limited liability
. ...;:::11.... . .... .
a
the
AU
OOG(MON 11: 1
H!;)4COD228395
,...
ARTICLES Of A.l\1ENDMENT
Arti~l~ 1. Name
Tho name of this Flmida limited liability company is 302.. 308 N. Osceola Properties u..c
Arti~e H. D~ of Articles gf Oliantzation
Tho Company's ArtIcles of Organization ~ :filed on April 29.2004.
Articl<U)l. AmeQdmen~
The.ArticJes of Organi2'a:Eion of the Umited Liability Company are amended 80 that the
name of the Limited Liability Compao,y is cl1.1itDgcd fttn:n 902.. S08 N. Osceola
Properties LLC to Island View Properties. LLC
Article. IV. 'gate Amendment AdoDteQ
The amendment set forth in these Articles of Orpn1zatton wu adopted on the date
shown below.
The Wldersigned cx=cutcd this dQQ:lmODt on the date shown below.
:302.. 308 N. Osceola Properties LLC
By:
by D. StOutt .., af:toftl.Cy-i1P>fac~ for Benjamin Kugler
Name:
nde:
Date: November 2004
~-.
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-
.,
Corporate Creations fnternationallnc,
941. Fourth Sll'eet
Mlilml Seach FL 33 f sa
(305) 872..0ssa
H0400022839B
~ntO '11ftJS.&004CO
.~. P. 00 004
. .
RU
00 (M NJ 11: 0
'-~- p~' '0 004
~Ho4600228S8'
ARTICLES OF AMENDMENT
~
ne oame of this Plorida Umited.liability oompauy is Osceola-Iones Proptlrtics LLC
6Jti~ pf Articl~ gfPtPniDti.ml
The Company's Articles of orpoimtion wete filed on April 2.2004.
~
The Articles of Orpoizanon of the lJ.mited. Liability Company ate amended so that the
name of the Limited Liability Company b dlup from OSCt!lOIa-1ones Ptope11i. LLC
to HarrisOD Vi1l88~ Properties. LLC
AdicIttlY. DatO A~t Ad~'
The amendment set forth in these Anic15 of Organization was adopted OD the c:I.Id:B
shown below.
The undmisned executed this document on the date shown below.
Osceola-Jones Properties LLC
By: -
by D. 8....11; as auomey-hJ..fact for BCl\Junh!J. Kugler.
Name: J3etVemin ~ugler . .
nllc: Manager I
.Date: November 12, 2004
-.. . .. .~
Corporate Cr'NtJOnSlntemationallnc.
941 Fourth Street
Miami Beaen FL 83139
(805) 872-oa88
H0400022e391
~.1a"Z1I)&CC;:
AU u. __.O~~_( MONJ_. ~~: 20 rc:l~" pU'O'04/004
850J205~0381 --i1115/2601 1137 P.oE 00lJOO~ Florida neot Of 5ta~
~, :
FLOIUDA n OJ' 8TA'l'B
GlImda It: IIGaf1
~olllW.e.
)trw~ 15, 2D04
IIJI.JUUSOR vn,t.JLI;I pmPB1l.Ixa, L1iC
133 aatm'f WB
!.A.LM DIIOJ\, I"L 34&83
Ie: n~t Bamb.~ ~O'OQOOI5398
ftI. A.ft~C1JA. 01 ~t t:.D tb.a ktial. of organint1oD fo:
OSCICU~ JJOnI!I1I8 u.c Wh1eb. o~ 1'ta na. to D.IIXICII' ~
rJ..OIE'RftI8, r.:LC, .. '3.01:~ 1.:la1te41 l1eUity cOIJIpUy, .- fllll4 em
.~z 12, 2004.
ftA.. d.acsmMIrd: ... e1eetz:oa:Lc:nllly r.,.l"ll'ed. and. fU.s. undet: ru .wu.t ","r
IC40Doaa 11lJ:L.
:n.culcS '1"G\1. 'ha9. uy I{IIeIU,OU. J:e9'cu:cI.:Lng' t.hi. lIJlU~1:eI:', pl.... teleph...
(I$D) 245-'051, ~ IMgLIt&atiCft Seet1oft.
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noc~t Speo1aliat
n:L'II':1Dlcn of Corporat.ioll.
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I>>riairm ctCb:pOll'&tiou.. P.O. BOX. fiU7 :..rr.t1Ua..... F10tIda 82814
Exhibit G - Ownership Documentation
8
City of Clearwater
This letter is to clarifY the intent with regards to certain properties owned by Triangle Old Bay
Holdings LLC ("Old Bay"). Old Bay's majority owner is Ron Pollack, and it is managed by
Triangle Property Holding LLC, which is jointly owned by Ron Pollack and Ben Kugler.
Thus both Ron Pollack and Ben Kugler act as managing members of Triangle Old Bay Holdings
LLC.
Specifically at this time the property parcels marked below as I, 2, 10 & 4 are being developed.
The thin strip of land dividing 4 in two is the proposed new Osceola Ave, which we plan to
dedicate to the city. Properties 1,2, 10 and the part of property 4 west of the new Osceola Ave
will be deeded to Island View Condominiums.
Attachment number 8
Page 2 of 2
Old Bay is using Triangle Development Company LLC (also jointly owned by Ron Pollack and
Ben Kugler) to develop its properties.
Ownershiv information:
The data on the relevant properties shown above are as follows:
1. Name: former Rhaddert property: 310-404 N. Osceola.
Size: 1.9 acres
Owner: Georgia Street Properties LLC, which merged with Triangle Old Bay Holdings
LLC (the surviving entity).
2. Name: former Ellenben! property: 302-308 N. Osceola.
Size: 1.0 acres
Owner: 302-308 N Osceola Properties LLC, which changed its name to Island View
Properties LLC, which has merged with Triangle Old Bay Holdings LLC,
(the surviving entity).
4. Name: former Salvation Armv property: (part of what was once)
300-410 N. Fort Harrison, and 309-407 N. Osceola.
Size: 2.42 acres
Owner: Triangle S.A. Land LLC, which merged with Triangle Old Bay Holdings LLC,
(the surviving entity).
10. Name: former Marcovoulos property: (part of what was once 303&305 N. Osceola, and
400&41 0 Jones St.)
Size: 0.2 acres
Owner: Osceola-Jones Properties LLC, which changed its name to Harrison Village
Properties LLC, which has merged with Triangle Old Bay Holdings LLC,
(the surviving entity).
~11.....~i.......".......
Ron Pollack
CEO and Manager
Triangle Development Company LLC
For:
Triangle Property Holdings LLC, Manager
For:
Triangle Old Bay Holdings, Owner
305 N. Ft. Harrison Ave. Clearwater, FL 33755 www.triangledevelopment.com 727.446.0020
Exhibit "H" - This describes the 2.0 acres set aside for supporting the Phase 1 entitlements
ber 9
LINE
LINE TABLE
BEARING
L 1 SOUTH
L2 EAST
L3 SOUTH
L4 EAST
L5 NORTH
L6 EAST
L7 NORTH
L8 EAST
L9 NORTH
L1 0 WEST
L11 N RTH
L12 W ST
L1 ORTH
DISTANCE
6,00'
28,66'
11,89'
45.49'
33,88'
4,83'
16.23'
5.41'
17.33'
5.41'
16.23'
4.83'
33.88'
o
50
I I I
SCALE: 1 "= 1 00'
100
SECTION 9 TOWNSHIP 29S, RANGE 15E
PINELLAS COUNTY, FLORIDA
PROJECT NUMBER 3324-02
~
BNDY = BOUNDARY
COR = CORNER
OR = OFFICIAL RECORDS BOOK
PB = PLAT BOOK
PG = PAGE
POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
R/W = RIGHT-OF-WAY
SR = STATE ROAD
US = UNITED STATES
P.O.C.
/
/ /
/
/
/
NORTHEAST CORNER LOT 1
JEANNIE CATES
SUBDIVISION P,B, 1, PAGE
64
/ /
/
/
8
w
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:J
SOU:Il::lEEL:LR/W
8.40' 45"W
150.03'
I LOT 1
A,B. Jb CAiE"S
SliBDl't ION P,B, 1
PG, 6f LOT 2
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Co A PO TION OF GOVERNME T :I:
;- LOT 4 A PART OF SECTION
o 9, TOWNSHIP 29 SOUTH, ~
~ RANG115 EAST ~
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6- 0
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A. B. & JE~~NIE CATES
SUBDIVISIO~~
PB 1, PG 64
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70.
210.46'
167.07'
A PORTION LOTS
2 & 3 BLOCK
9.44'18"W 225,56'
LOT B
BERGENS REPLAT
P,B. 26 PG, 41
S89'59'22"W
3:
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(f)
LOT 1 LOT 2
BLOCK 2 BLOCK 2 I I
JON S SUBDIVISION OF
NICH LSON'S ADDfON L T 3
TO CL ARWATER H RBORB OCK 21
P.B. 1 P .13
--'::llLLSBOROUGH CO NTY
NORTHERLY R/W LINE
JONES SlREET
(UNDER CONSTRUCTION)
LOT A
NOT A SURVEY
ITEM
SHEET 1 OF 2
SKETCH & DESCRIPTION
1/19/07 DHR DDF
ISLAND VIEW
A CONDOMINIUM
DUA~~ 1
POLARIS ASSOGIA TES lNG,
PROFESSIONAL SURVEYING LB 6113
18850 U.S HIGHWAY 19 SUITE 500
('/ .A{:;IAIA T.{:; ./ f'l{:;!nA '!'!7~A
DATE BY QC
Attachment number 9
Page 2 of 2
DESCRIPTION
SECTION 9 TOWNSHIP 29S, RANGE 15E
PINELLAS COUNTY, FLORIDA
PROJECT NUMBER 3324-02
A PORTION OF LOTS 1 THROUGH 7 OF A,B. & JENNIE CATES SUBDIVISION, AS RECORDED IN PLAT BOOK 1 PAGE 64 OF
THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND A PORTION OF GOVERNMENT LOT 4 IN SECTION 9, TOWNSHIP
29 SOUTH, RANGE 15 EAST AND A PORTION OF A VACATED ALLEY PER O,R, BOOK 7546, PAGE 607 OF THE PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA, AND A PORTION OF LOTS 2 AND 3 BLOCK 2 OF JONES SUBDIVISION OF
NICHOLSON'S ADDITION TO CLEARWATER HARBOR AS RECORDED IN PLAT BOOK 1 PAGE 13, PUBLIC RECORDS OF
HILLSBOROUGH COUNTY OF WHICH PINELLAS COUNTY WAS FORMERLY A PART AND A PORTION OF THE EXISTING
RIGHT-OF-WAY OF OSCEOLA AVENUE NORTH AND A PART OF SECTION 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST AND
LOT A AND B OF CLOVIS C, LUTZ SUBDIVISION AS RECORDED IN PLAT BOOK 35, PAGE 76 OF THE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA AND A VACATED ALLEY LYING NORTH OF LOT A OF SAID CLOVIS C, LUTZ SUBDIVISION, ALL
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 1 OF JENNIE CATES SUBDIVISION, ALSO BEING THE INTERSECTION
OF THE SOUTHERLY RIGHT-OF-WAY LINE OF GEORGIA STREET AND THE WESTERLY RIGHT-OF-WAY LINE OF NORTH FORT
HARRISON AVENUE THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF GEORGIA STREET S,88.40'45"W" 150,03
FEET TO THE POINT OF BEGINNING; THENCE S,OO'16'19"E" 421,80 FEET; THENCE N.89'44'18"W., 225,56 FEET; THENCE
S,OO'50'40"W" 3,97 FEET; THENCE ALONG THE SOUTHERLY BOUNDARY OF LOT B OF SAID CLOVIS C, LUTZ SUBDIVISION
BY THE FOLLOWING THREE COURSES: 1 - S.89.59'22"W., 167.07 FEET; 2 - THENCE N.00.08'39"W., 13.65 FEET; 3 -
THENCE S,89'59'22"W., 77,69 FEET; THENCE ALONG THE MEAN HIGH WATER LINE OF CLEARWATER HARBOR BY THE
FOLLOWING COURSE: 1 - N,13.38'13"E" 76.07 FEET; N,88.39'45"E" 31,58 FEET; THENCE N,32'49'39"E" 53.01 FEET;
THENCE N,63"41' 46"W" 31,55 FEET; THENCE N.89'59'17"E" 210.46 FEET; THENCE N,OO'16'19"W" 7.61 FEET; THENCE EAST,
70.70 FEET; THENCE SOUTH, 6,00 FEET; THENCE EAST, 28.66 FEET; THENCE SOUTH, 11,89 FEET; THENCE EAST, 45.49
FEET; THENCE NORTH, 33,88 FEET; THENCE EAST, 4,83 FEET; THENCE NORTH, 16,23 FEET; THENCE EAST, 5.41 FEET;
THENCE NORTH, 17,33 FEET; THENCE WEST, 5.41 FEET; THENCE NORTH, 16.23 FEET; THENCE WEST, 4,83 FEET; THENCE
NORTH, 33.88 FEET; THENCE WEST, 48.82 FEET; THENCE NORTH, 167.56 FEET TO THE POINT OF BEGINNING.
CONTAINING 2.029 ACRES MORE OR LESS.
NOT E S
1. BEARINGS ARE BASED ON THE EAST RIGHT-OF-WAY LINE OF OCEOLA AVENUE ASSUMED AS
NOO.50'51"E,
2, LEGAL DESCRIPTION WAS PREPARED BY POLARIS ASSOCIATES, INC,
3. RE-USE OF THIS SKETCH FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED, WITHOUT WRITTEN
VERIFICATION, WILL BE AT THE RE-USERS SOLE RISK AND WITHOUT LIABILITY TO THE SURVEYOR.
NOTHING HE RE IN S HALL BE CONS TRUE D TO GIVE ANY RIGHTS OR BE NE FITS TO ANYONE OTHE R THAN
THOSE CERTIFIED TO.
4. THIS SKETCH IS NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE OF ANY JURISDICTIONAL,
HAZARDOUS OR E NVIRONME NT ALL Y S E NS ITIVE ARE AS.
5, THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT
TO EASEMENTS, RESTRICTIONS, RIGHTS-OF-WAY AND OTHER MATTERS OF RECORD.
CE RTIFICATION
I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS THE MINIMUM TECHNICAL STANDARDS
SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES.
NOT A SURVEY
ITEM
DAN H. RIZZUTO
PROFESSIONAL SURVEYOR AND MAPPER
LS 5227, STATE OF FLORIDA SHEET 2 OF 2
SKETCH & DESCRIPTION
~/19/07 DHR DDF
ISLAND VIEW
A CONDOMINIUM
DUA~~ 1
-+ POLARIS ASSOGIA TES lNG,
PROFESSIONAL SURVEYING LB 6113
18850 U.S HIGHWAY 19 SUITE 500
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Meeting Date:2/15/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Declare as surplus for the purpose of offering for sale by Invitation For Bid No. 14-07 a vacant residential lot legally described as
Lot 12, PENNSYL VANIA SUBDIVISION at the minimum bid amount of $30,000.
SUMMARY:
PENNSYLVANIA SUB., Lot 12 came into City ownership on March 24,1999 as result of a judgment in a suit to
foreclose, clearing liens in the approximate amount of $5,000.
The City incurred additional expenses of approximately $7,000 in unpaid interest, court costs and delinquent property taxes.
On January 19,2007 State Certified Real Estate Appraiser Joseph A. Fomito performed an appraisal that valued the City's fee
interest in the parcel at $30,000.
Upon the subject lot being declared surplus, and in compliance with the City Charter and City purchasing regulations, the parcel
will be offered for sale to the highest responsive bidder by Invitation For Bid No. 14-07.
Upon successful closing of a purchase contract with the most responsive bidder complying with bid requirements, sale proceeds
will reimburse costs incurred by the Housing Division, Office of Official Records and Legislative Services, and the Engineering
Department. The balance of sale proceeds will accrue in the General Fund Land Sale Account 010-00000-364220-000-204.
Review Approval: 1) Clerk
Cover Memo
Item # 6
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Item # 6
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.
Meeting Date:2/15/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential Low (RL) & Commercial
General (CG) Categories to the City Residential Low (RL) & Commercial General (CG) Categories and Zoning Atlas Amendment
from the County R-4, One, Two & Three Family Residential & C-2, General Retail Commercial and Limited Services Districts to
the City Low Medium Density Residential (LMDR) & Commercial (C) Districts for 205 North Belcher Road (2212-2216 Drew
Street & 2205 Norman Drive) (M/B 33/12 Lot 2,30, & 29 Block D, Temple Terrace Subdivision in Section 7, Township 29 South
and Range 16 East); and Pass Ordinances 7784-07, 7785-07 and 7786-07 on first reading.
SUMMARY:
This annexation involves a 0.89-acre property consisting of four parcels, located on the northeast corner of Drew Street and
Belcher Road. The parcels involved in this annexation are addressed 2212,2214,2216 Drew Street and 2205 Norman Drive and
when redeveloped in conjunction with another adjacent property will be addressed as 205 N. Belcher Road. The property is
contiguous with the existing City boundaries to the south, east and west; therefore, the proposed annexation is consistent with
Pinellas County Ordinance 00-63 with regard to voluntary annexation. The applicant is requesting this annexation in order to
receive sanitary sewer and solid waste service from the City. It is proposed that the property be assigned Future Land Use Plan
designations of Residential Low (RL) and Commercial General (CG) and zoning categories of Low Medium Density Residential
(LMDR) & Commercial (C).
The Planning Department determined that the proposed annexation is consistent with the following standards specified in the
Community Development Code:
. The proposed annexation will not have an adverse impact on public facilities and their level of service.
. The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community
Development Code.
. The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the city
boundaries and does not create an enclave.
This annexation has been reviewed by the Pinellas Planning Council (PPC) County staff in accordance with the provisions of
Pinellas County Ordinance 00-63, Section 7(1-3), and no objections have been raised.
Please refer to the staff report (ANX2006-10039) for the complete staff analysis.
The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on January 16,2007
and unanimously recommended approval.
Review Approval: 1) Clerk
Cover Memo
Item # 7
Attachment number 1
Page 1 of 8
Location Map
Owner Alice & Ronald Nisk Case: ANX2006- 10039
Site: 205 N. Belcher Road Property 0.89
(2212-2216 Drew & 2205 Norman Drive) Size (Acres):
Land Use Zoning 07-29-16-90126-004-0020
PIN: 07-29-16-90126-004-0300
From: CG & RL (County) C-2 & R-4 (County) 07-29-16-90126-004-0290
07-29-16-00000-330-1200
To: CG & RL (City) C & LMDR (City) Atlas Page: 281A
Item # 7
Attachment number 1
Page 2 of 8
Aerial Photograph
Owner Alice & Ronald Nisk Case: ANX2006- 10039
Site: 205 N. Belcher Road Property 0.89
(2212-2216 Drew & 2205 Norman Drive) Size (Acres):
Land Use Zoning 07-29-16-90126-004-0020
PIN: 07-29-16-90126-004-0300
From: CG & RL (County) C-2 & R-4 (County) 07-29-16-90126-004-0290
07-29-16-00000-330-1200
To: CG & RL (City) C & LMDR (City) Atlas Page: 281A
Item # 7
Attachment number 1
Page 3 of 8
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Proposed Annexation Map
Owner Alice & Ronald Nisk Case: ANX2006- 10039
Site: 205 N. Belcher Road Property 0.89
(2212-2216 Drew & 2205 Norman Drive) Size (Acres):
Land Use Zoning 07-29-16-90126-004-0020
PIN: 07-29-16-90126-004-0300
From CG & RL (County) C-2 & R-4 (County) 07-29-16-90126-004-0290
07-29-16-00000-330-1200
To: CG & RL (City) C & LMDR (City) Atlas Page: 281A
Item # 7
Attachment number 1
Page 4 of 8
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Future Land Use Map
Owner Alice & Ronald Nisk Case: ANX2006- 10039
Site: 205 N. Belcher Road Property 0.89
(2212-2216 Drew & 2205 Norman Drive) Size (Acres):
Land Use Zoning 07-29-16-90126-004-0020
PIN: 07-29-16-90126-004-0300
From CG & RL (County) C-2 & R-4 (County) 07-29-16-90126-004-0290
07-29-16-00000-330-1200
To: CG & RL (City) C & LMDR (City) Atlas Page: 281A
Item # 7
Attachment number 1
Page 5 of 8
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Zoning Map
Owner Alice & Ronald Nisk Case: ANX2006- 10039
Site: 205 N. Belcher Road Property 0.89
(2212-2216 Drew & 2205 Norman Drive) Size (Acres):
Land Use Zoning 07-29-16-90126-004-0020
PIN: 07-29-16-90126-004-0300
From CG & RL (County) C-2 & R-4 County) 07-29-16-90126-004-0290
07-29-16-00000-330-1200
To: CG & RL (City) C & LMDR (City) Atlas Page: 281A
Item # 7
Attachment number 1
Page 6 of 8
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Existing Surrounding Use Map
Owner Alice & Ronald Nisk Case: ANX2006- 10039
Site: 205 N. Belcher Road Property 0.89
(2212-2216 Drew & 2205 Norman Drive) Size (Acres):
Land Use Zoning 07-29-16-90126-004-0020
PIN: 07-29-16-90126-004-0300
From CG & RL (County) C-2 & R-4 (County) 07-29-16-90126-004-0290
07-29-16-00000-330-1200
To: C & RL (City) C & LMDR (City) Atlas Page: 281A
Item # 7
I. 2205 Norman Drive
Attachment number 1
Page 7 of 8
2. facing west from 2205 Norman Drive
3. facing north from 2205 Norman Drive
4. facing east from 2205 Norman Drive
5. 2212-2216 Drew Street
6. 2212-2216 Drew Street
Item # 7
7. 2212-2216 Drew Street
11. facing west from 2212-2216 Drew Street
Attachment number 1
Page 8 of 8
8.2212-2216 Drew Street
12. facing north up Belcher Road
ANX2006-10039
2212-2216 Drew Street & 2205 Norman Drive
7-Eleven
Alice & Ronald Nisk
Item # 7
Attachment number 2
Page 1 of 5
CDB Meeting Date:
Case Number:
Owner/Applicant:
Location:
Agenda Item:
January 16, 2007
ANX2006-10039
Alice H. Nisk and Ronald P. Nisk
205 North Belcher Road (2212-2216 Drew Street & 2205 Norman Drive)
F1
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST:
(a) Annexation of 0.89-acres of property to the City of Clearwater;
(b) Future Land Use Plan amendments from Residential Low (RL)
& Commercial General (CG) Categories (County) to Residential
Low (RL) & Commercial General (CG) Categories (City of
Clearwater); and
(c) Rezoning from R-4, One, Two & Three Family Residential & C-
2, General Retail Commercial and Limited Services Districts
(County) to Low Medium Density Residential (LMDR) &
Commercial (C) Districts (City of Clearwater).
SITE INFORMATION
PROPERTY SIZE:
38,500 square feet or 0.89 acres
(224 feet wide by 240 feet deep m.o.l.)
PROPERTY USE:
Current Use:
Proposed Use:
Duplex, vehicle sales lot
Convenience Store
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Low (RL) & Commercial General (CG) (County)
Residential Low (RL) & Commercial General (CG) (City)
ZONING DISTRICT:
Current District:
Proposed District:
R-4, One, Two & Three Family Residential & C-2, General Retail
Commercial and Limited Services Districts (County)
Low Medium Density Residential (LMDR) & Commercial (C)
(City)
Item # 7
Staff Report - Community Development Board -January 16,2007 - Case ANX2006-10039 Page 1
Attachment number 2
Page 2 of 5
SURROUNDING USES:
North: Duplex / Single-family residence
South: Religious Facility
East: Professional Offices / Duplexes
West: Commercial/Retail
ANAL YSIS
This annexation involves a 0.89-acre property consisting of four parcels, located on the northeast corner of
Drew Street and Belcher Road. The parcels involved in this annexation are addressed 2212, 2214, 2216
Drew Street and 2205 Norman Drive. If the related FLD2006-l0058 case is approved the entire site will
be readdressed as 205 N. Belcher Road. The property is contiguous with the existing City boundaries to
the south, east and west; therefore, the proposed annexation is consistent with Pinellas County Ordinance
#00-63 with regard to voluntary annexation. The applicant is requesting this annexation in order to
receive sanitary sewer and solid waste service from the City. It is proposed that the property be assigned a
Future Land Use Plan designations of Residential Low (RL) and Commercial General (CG) and zoning
categories of Low Medium Density Residential (LMDR) & Commercial (C).
I. IMPACT ON CITY SERVICES:
Recommended Findings of Fact
Water and Sewer
The applicant receives water service from the Pinellas County. Sanitary sewer service will be provided by
the City of Clearwater and the City has adequate capacity to serve this property. The property is currently
on septic. City of Clearwater water and sanitary sewer lines are located in both the Drew Street and N.
Belcher Road right-of-ways. The applicant has not paid the City's sewer impact fee and assessment fee
and is aware of the additional costs to extend City sewer service to this property.
Solid Waste
Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal agreement
with Pinellas County to provide for the disposal of solid waste at the County's Resource Recovery Plant
and capacity is available to serve the property.
Police
The property is located within Police District III and service will be administered through the district
headquarters located at 2851 N. McMullen Booth Road. There are currently 56 patrol officers and seven
patrol sergeants assigned to this district. Community policing service will be provided through the City's
zone system and officers in the field. The Police Department has stated that it will be able to serve this
property and the proposed annexation will not adversely affect police service and response time.
Fire and Emergency Medical Services
Fire and emergency medical services will be provided to this property by Station #48 located at 1700
Staff Report - Community Development Board - January 16, 2007 - Case ANX2006-1 0039
Item # 7
Page 2
Attachment number 2
Page 3 of 5
North Belcher Road. The Fire Department will be able to serve this property. The proposed annexation
will not adversely affect fire and EMS service and response time.
Recommended Conclusions Of Law
The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and
EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels
of service.
II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.2]
Recommended Findings of Fact
The Pinellas County Comprehensive Plan and the Countywide Future Land Use Plan map designate the
site as Residential Low (RL) & Commercial General (CG). It is the purpose of the RL category to depict
those areas of the County that are now developed, or appropriate to be developed, in a low density
residential manner; and to recognize such areas as primarily well-suited for residential uses that are
consistent with the low density, non-intensive qualities and natural resource characteristics of such areas.
Residential is the primary use in this plan category up to a maximum of five (5) dwelling units per acre.
Secondary uses include Residential Equivalent; Institutional; Transportation/Utility; Public Educational
Facility; Ancillary Non-Residential and Recreation/Open Space.
It is the purpose of the CG category to depict those areas of the County that are now developed, or
appropriate to be developed, in a manner designed to provide community and countywide commercial
goods and services; and to recognize such areas as primarily consistent with the need, relationship to
adjoining uses and with the objective of encouraging a consolidated, concentrated commercial center
providing for the full spectrum of commercial uses.
The proposed annexation is consistent with and promotes the following objective of the City of
Clearwater Comprehensive Plan:
2.4 Objective - Compact urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Recommended Conclusions of Law
The property proposed for annexation is contiguous to existing city boundaries and within the City's
urban service area and will be located in the RL & CG categories. The proposed annexation is consistent
the City's Comprehensive Plan.
Staff Report - Community Development Board - January 16, 2007 - Case ANX2006-1 0039
Item # 7
Page 3
Attachment number 2
Page 4 of 5
III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE
AND CITY REGULATIONS: [Sections 2-202, 2-702 & 4-604.F.5.]
Recommended Findings of Fact
The site is currently zoned R-4, One, Two and Three Family Residential and C-2, General Retail
Commercial and Limited Services Districts in Pinellas County. The applicant proposes to rezone the
property to the Low Medium Density Residential (LMDR) & Commercial (C) Districts. Under the
current LMDR zoning district provisions, a minimum lot width of 50 feet and a minimum lot area of
5,000 square feet are required. The site to be rezoned LMDR is 75 feet wide and 7,500 square feet in lot
area. It is anticipated that this property will be used for parking and storm water retention. Under current
C zoning requirements for an automobile service station, a minimum lot width of 100 feet and a minimum
lot area of 10,000 square feet are required. The site to be rezoned C is 224 feet wide and 31,360 feet in lot
area.
Recommended Conclusions of Law
The subject property exceeds the City's minimum LMDR & C dimensional requirements and is therefore
consistent with the Community Development Code.
IV. CONSISTENCY WITH THE COUNTYWIDE PLAN:
Recommended Findings of Fact
There is no change requested in the Countywide Future Land Use Plan designations for the site, which
will remain Residential Low (RL) with a maximum density of 5 dwelling units per acre and Commercial
General (CG) with a maximum floor area ratio of 0.55.
Recommended Conclusions of Law
No change is proposed for the Future Land Use Plan designations of the property proposed for annexation
and the use and density of the property is consistent with the current designations.
V. CONSISTENCY WITH PINELLAS COUNTY:
Recommended Findings of Fact
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council staff has reviewed this
annexation and determined it complies with all applicable ordinance criteria. Pinellas County Ordinance
No. 00-63(l)(a) requires that a proposed annexation be both contiguous to the existing municipal
boundaries and compact. This site is contiguous with the existing City boundaries to the south, east and
west and represents a logical and appropriate extension of the existing boundaries. The compactness
Staff Report - Community Development Board - January 16, 2007 - Case ANX2006-1 0039
Item # 7
Page 4
Attachment number 2
Page 5 of 5
standard requires that the annexation not create an enclave or a serpentine pattern of municipal
boundaries.
Recommended Conclusions of Law
The annexation of this property is consistent with this standard and no new enclave will be created. In
summary, the annexation of this property is consistent with Florida law.
VI. CODE ENFORCEMENT ANALYSIS:
There are no current code enforcement violations or any code enforcement history on this site.
SUMMARY AND RECOMMENDATIONS
The proposed annexation can be served by City of Clearwater services, including sanitary sewer, solid
waste, police, fire and emergency medical services without any adverse effect on the service level. The
proposed annexation is consistent with both the City's Comprehensive Plan and is consistent with Pinellas
County Ordinance No. 00-63 regarding voluntary annexation.
Based on the above analysis, the Planning Department recommends the following actions on the request:
(a) Recommend APPROVAL of the annexation of 0.89-acres to the City of Clearwater;
(b) Recommend APPROVAL of the Residential Low (RL) & Commercial General (CG) Future Land
Use Plan classifications; and
(c) Recommend APPROVAL of the Low Medium Density Residential (LMDR) and Commercial (C)
zoning classifications pursuant to the City's Community Development Code.
Prepared by Planning Department Staff:
Cky Ready, Planner II
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:\Planning Department\C D /J\Annexations\ANX - 2006\4NX2006-10039 - 205 N Belcher - 7-Eleven\ANX2006-10039
Staff-Report. doc
Staff Report - Community Development Board - January 16, 2007 - Case ANX2006-1 0039
Item # 7
Page 5
Attachment number 3
Page 1 of 1
ORDINANCE NO. 7784-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE
NORTHEAST CORNER OF THE INTERSECTION OF DREW
STREET AND BELCHER ROAD AND SOUTH OF NORMAN
DRIVE, WHOSE POST OFFICE ADDRESS IS 2212-2216 DREW
STREET, UNADDRESSED PARCEL, AND 2205 NORMAN 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:
Legal description attached hereto.
(ANX2006-10039)
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
Item # 7
Ordinance No. 7784-07
Attachment number 4
Page 1 of 1
ORDINANCE NO. 7785-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED AT THE
NORTHEAST CORNER OF THE INTERSECTION OF DREW
STREET AND BELCHER ROAD AND SOUTH OF NORMAN
DRIVE, WHOSE POST OFFICE ADDRESS IS 2212-2216 DREW
STREET, UNADDRESSED PARCEL, AND 2205 NORMAN
DRIVE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS COMMERCIAL GENERAL (CG) AND
RESIDENTIAL LOW (RL); 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
A. 2212-2216 Drew St. (See Exhibit "A")
B. 2205 Norman Dr. (See Exhibit "A")
(ANX2006-10039)
Land Use Cateqory
Commercial General
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. 7784-07.
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
Item # 7
Ordinance No. 7785-07
Attachment number 5
Page 1 of 1
ORDINANCE NO. 7786-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY AT THE NORTHEAST
CORNER OF THE INTERSECTION OF DREW STREET AND
BELCHER ROAD AND SOUTH OF NORMAN DRIVE, WHOSE
POST OFFICE ADDRESS IS 2212-2216 DREW STREET,
UNADDRESSED PARCEL, AND 2205 NORMAN DRIVE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
COMMERCIAL (C) AND 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
A. 2212-2216 Drew St. (See Exhibit "A")
B. 2205 Norman Dr. (See Exhibit "A")
(ANX2006-10039)
Zoninq District
Commercial (C)
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. 7784-07.
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
Item # 7
Ordinance No. 7786-07
Meeting Date:2/15/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7721-07 on second reading, amending Beach by Design by amending Section II, Future Land Use, removing and
replacing in its entirety Subsection C., The "Marina Residential" District.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Attachment number 1
Page 1 of 9
ORDINANCE NO. 7721-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AMENDMENTS TO BEACH BY DESIGN: A PRELIMINARY DESIGN
FOR CLEARWATER BEACH AND DESIGN GUIDELINES; BY
AMENDING SECTION II. FUTURE LAND USE; REMOVING AND
REPLACING SUBSECTION C. THE "MARINA RESIDENTIAL" DISTRICT
IN ITS ENTIRETY; PROVIDING A DESCRIPTION AND VISION FOR
THE MARINA DISTRICT; PROVIDING FOR HEIGHT INCENTIVES AND
REQUIRED PUBLIC AMENITIES; PROVIDING ADDITIONAL
INCENTIVES; ADDING CERTAIN PROVISIONS REGARDING BELLE
HARBOR; PROVIDING FOR SITE DESIGN CRITERIA INCLUDING
SETBACKS, BUILDING DESIGN ALONG PUBLIC BOARDWALK, AND
PARKING ALONG CLEARWATER HARBOR; ADDING AN APPENDIX
CONSISTING OF THE CITY'S FUTURE LAND USE MAP FOR THE
AREA GOVERNED BY BEACH BY DESIGN AS EXHIBIT A; PROVIDING
THAT SAID PROVISIONS SUPPLEMENT THE CLEARWATER LAND
DEVELOPMENT CODE; PROVIDING FOR FORWARDING TO REVIEW
AGENCIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the economic vitality of Clearwater Beach is a major contributor to the
economic health of the City overall; and
WHEREAS, the public infrastructure and private improvements of Clearwater Beach
are a critical part contributing to the economic vitality of the Beach; and
WHEREAS, substantial improvements and upgrades to both the public infrastructure
and private improvements are necessary to improve the tourist appeal and citizen
enjoyment of the Beach; and
WHEREAS, the City of Clearwater desires greater flexibility with regard to location of
uses within the Marina District governed by Beach by Design; and
WHEREAS, Beach by Design does not specifically permit overnight
accommodations in the Marina Residential District and the City of Clearwater desires to
incentivize new overnight accommodation development; and
WHEREAS, the City of Clearwater desires to ensure public access to the Clearwater
Harbor in the Marina District; and
WHEREAS, the City of Clearwater desires to better balance development incentives
with the provisions of public benefits and amenities in the Marina District; and
Ordinance No. 7721-07
Attachment number 1
Page 2 of 9
WHEREAS the Pinellas Planning Council has requested that the City's Future Land
Use Map be added to Beach by Design; and
WHEREAS, the proposed amendments to Beach by Design have been submitted to
the Community Development Board acting as the Local Planning Authority (LPA) for the
City of Clearwater; and
WHEREAS, the Local Planning Agency (LPA) for the City of Clearwater held a duly
noticed public hearing and found that amendments to Beach by Design are consistent with
the Clearwater Comprehensive Plan; and
WHEREAS, Beach by Design was originally adopted on February 15, 2001 and
subsequently amended, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, Section II. Future Land Use, is amended as follows:
II. Future Land Use
The existing pattern of land use is a mix of primarily commercial uses - hotels,
motels, retail shops, restaurants and tourist and/or recreation operations - between
Acacia Street and the Sand Key bridge. The City of Clearwater Future Land Use
Plan Map Qoverns uses. intensities and densities in this area and is incorporated by
reference. as may be amended. and is attached as the Appendix. Functionally, this
area is divisible into a number of distinct character districts which also Qovern
development:
* * * * * * *
Section 2. Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, Section II. Future Land Use, Subsection C. The "Marina Residential"
District, is amended as follows:
c. Marina Residential District
The area to the east of Poinsettia and North Mandalay to the north of Baymont is
primarily a residential district v:ith a few motel and restaurant uses. The parcels of land
to the east of East Shore front on Clear'Nater Bay. HO'.'Vever, those parcels are
relatively shaIlO\I':, limiting the utility of the existing parcelization. Beach by Design
anticipates the redevelopment of the Marina District as a '.\'aterfront residential
neighborhood vvith parcels to the east of Poinsettia consolidated with parcels to the east
of East Shore in favor of land assembly. Four distinct blocks should be created from
2
Ordinance No. 7721-07
Attachment number 1
Page 3 of 9
this consolidated land betvveen the Causevvay and Baymont Street consistent 'I.'ith
existing area street patterns. Pedestrian access should be provided through each block
to the Intracoastal \^/aterv'lay and terminate at a public boardv'lalk located along the
shoreline from the Cause'Nay to Mandalay Avenue. Retail and restaurant uses are
appropriate in the north and south block only and residential uses located betvveen.
The Yacht Basin Apartment site, 'Nhich is located on the north side of Baymont, should
be considered an integral part of this neighborhood. It must be included in any
consolidation effort and is an appropriate site for a marina based hotel and other
residential uses.
If all of this land is consolidated under single olJ:nership and developed according
to the Marina Residential District frame'Nork as a unified plan, the City should do the
following: vacate East Shore; create an assessment district to finance the boardV'.'alk
construction; participate in a garage at Pelican Walk; and make available the density
pool for a marina based hotel meeting the requirements of Beach by Design on the
Yacht Basin Apartment site, including the potential allov\.'ance of 150 feet in building
height. /\11 other building heights within this district would be permitted between 2 '1
stories above parking.
If the "single" property consolidation described above does not occur,
intermediate strategies should be employed. These strategies should results in
smaller, but significant, lot consolidation in the East Shore area consistent 'Nith the
four "distinct blocks" identified previously between the Causeway and Baymont Street.
This area should also value tv\.'? larger consolidations of approximately five acres each
as an incentive for redevelopment. The goal of marina based development in
conjunction 'Nith a public "Bayside Board'Nalk" should also be pursued. Additionally,
the Yacht Basin site should be redeveloped in its current configuration without further
subdivision. In order to implement these strategies the follov\.'ing incentives are
available:
Height
In addition to the requirements of the Design Guidelines the following requirements shall
apply in the Marina Residential District bet'.\'een Baymont Street and the Cause'Nay.
. Projects that consolidate a minimum of five acres will be eligible for approval of
height up to 100 feet, subject to meeting the standards of the Community
Development Code, Beach By Design and approval by the Community
Development Board.
. Projects that consolidate a minimum of 2.5 acres will be eligible for approval of
height up to 70 feet, subject to meeting the standards of the Community
Development Board.
. Structures located between the Causeway and Baymont Street exceeding 35
feet in height, shall occupy no more than fifty (50) percent of the property
frontage along the Intra Coastal Waterway.
3 Ordinance No. 7721-07
Attachment number 1
Page 4 of 9
In the event that lot consolidation under one O'.'Vner does not occur, Beach by
Design contemplates the City v:orking with District property owners to issue a request
for proposals to redevelop the District in the consolidated manner identified above. If
this approach does not generate the desired consolidation and redevelopment, Beach
by Design calls for the City to initiate a City Marina DRI in order to facilitate
development of a marina based neighborhood subject to property O\l'mer support. If lot
consolidation does not occur '.(\l.'ithin the District, the maximum permitted height of
development east of East Shore 'I:ill be restricted to two (2) stories above parking and
bebl.'een Poinsettia and East Shore could extend to four (-1) stories above parking.
Yacht Basin Property
. The Yacht Basin property will be redeveloped without further subdivision and
subject to the design guidelines. The property will feature 1001':er building heights
around the perimeter of the property with higher buildings located on the interior
of the site with stepped back design.
. The project will provide streetscape improvements on the Mandalay and
Baymont sides either on the project property or on the existing right of way.
These improvements are intended to link pedestrians with the Mandalay and
Bayside Boardwalk areas.
. The project \I':ill contribute to Pelican Walk parking garage project on terms to be
determined by the City Commission.
East Shore Vacation
Any vacation of East Shore Drive vl.'ould be subject to a traffic analysis prior to the
vacation. The City may conduct this evaluation prior to a proposal for street vacation.
Bayside Boardwalk/Pedestrian linkages
Development utilizing the lot consolidation incentives will dedicate a ten foot easement
along the Bayside that will link to a pedestrian streetscape improvement along Baymont.
The Yacht Basin redevelopment '.lI.'ill provide the streetscape improvement from the
proposed Boardwalk to Mandalay Street along the Baymont frontage. The Bayside
Boardwalk can be either on the landside of the seawall and or a component of marina
development on the waterside on the seawall.
Marina Development
Development utilizing the lot consolidation incentives should include a marina
component, subject to applicable permitting requirements.
4
Ordinance No. 7721-07
Attachment number 1
Page 5 of 9
c. Marina District
The area to the east of Poinsettia Avenue, north of Causeway Boulevard and south of
the Clearwater Beach Recreation Complex is a mixed-use district occupied by
residential, motel and limited commercial uses in at-qrade structures primarily one - two
stories in heiqht. This district is the northern qateway to Clearwater Beach and has a
hiqh profile location alonq Clearwater Harbor and visibility from Causeway Boulevard.
The parcels of land located on the east side of East Shore Drive have frontaqe alonq
Clearwater Harbor and those on the west side also have frontaqe on Poinsettia Avenue.
Parcels on both sides of East Shore Drive are relatively shallow and the future
redevelopment opportunities are limited by this existinq parcelization.
District Vision
The District's prime location alonq Clearwater Harbor, its close proximity to the City's
marina and to the beach make the District a particularly desirable place for tourists and
residents alike. Beach bv DesiGn supports the redevelopment of the Marina District into
a pedestrian and boater-friendly destination that includes a mix of hotels, commercial,
restaurant, residential and mixed-use development, as well as a variety of dock facilities
and water related uses.
To assist in creatinq this destination waterfront neiqhborhood, the District should
capitalize upon its qateway location. Beach bv DesiGn supports the creation of a District
focal point qenerally located at the intersection of East Shore Drive and Papaya Street
and alonq Clearwater Harbor. Development located entirely or partially within 200 feet
north and 200 feet south of Papaya Street shall be limited to the District's preferred
uses, which are restaurants, retail, hotels and/or mixed uses. Stand-alone residential
development shall not be permitted in this location. The desiqn of development in this
location should capitalize on this prime waterfront location and provide public access to
the waterfront where Papaya Street terminates at Clearwater Harbor.
To assist in attractinq people to the District, Beach bv DesiGn contemplates the
construction of a public boardwalk alonq Clearwater Harbor from Baymont Street south
to the southern boundary of the District to connect with the City marina's boardwalk
located under Causeway Boulevard. Additionally, streetscape improvements should be
implemented alonq Baymont and Papaya Streets to create a pleasant pedestrian
environment and visual connection between Clearwater Harbor and the Gulf of Mexico.
Streetscape elements should also be used to identify public entrances to the boardwalk
at Papaya and Baymont Streets alonq Clearwater Harbor.
Determinations of whether a proiect constitutes a mixed-use development will be made
by weiqhinq the followinq factors: whether the proposed mix of residential and non-
residential uses will further the vision of the District the percentaqe of street/waterfront
5
Ordinance No. 7721-07
Attachment number 1
Page 6 of 9
frontaqe occupied by one or more uses; percentaqes of overall project devoted to each
use; and/or portion of one or more floors devoted to a mixture of uses.
Heiaht Incentives and ReQuired Public Amenities
The Marina District's location in the heart of the tourist district presents prime
opportunities for tourist-oriented and mixed-use development. Existinq parcel sizes and
depths as well as lack of public amenities inhibit the District's redevelopment and
potential for creatinq a destination waterfront neiqhborhood. To realize the District's
vision, Beach bv Desian offers development incentives of increased buildinq heiqht in
exchanqe for redevelopment proposals with larqer lot sizes, preferred District uses and
the inclusion of specified public amenities. Projects not contributinq to a public
amenity shall be limited to two stories above parkinq if located on the east side of East
Shore Drive and four stories above parkinq on the west side of East Shore Drive.
Development located on Clearwater Harbor utilizinq a heiqht bonus as outlined in the
table below must provide to the City of Clearwater a 15 foot wide boardwalk constructed
within a 20-foot public access easement adjacent to the seawall, either over the water
or on the land as determined by the City. Any non-waterfront parcel usinq the heiqht
bonus shall contribute financially to the Papaya and Baymont Street streetscape or the
public boardwalk, in a manner determined by the City. The followinq table shall quide
allowable buildinq heiqht in the Marina District:
Heiqht Bonus Schedule for the Marina District
Maximum Heiqht for
Land Area with Contribution to the Public Maximum Heiqht Preferred Uses -
Boardwalk or the Streetscape for Residential Mixed Used
Development Development and
Overniqht
Accom modations
> 0.5 acres on one side of East Shore 40 feet 60 feet
Drive
> 0.5 acres on both sides of East Shore 50 feet 70 feet
Drive
1 acre on one side of East Shore Drive 50 feet 70 feet
1 acre on both sides of East Shore Drive 60 feet 80 feet
2 acres on one side of East Shore Drive 60 feet 80 feet
2 acres on both sides of East Shore Drive 75 feet 1 00 feet*
* Additional heiGht may be Granted pursuant to the transfer of development provisions onlv
for overniGht accommodations with 50 or more units and UP to a maximum heiGht of 130 feet.
6
Ordinance No. 7721-07
Attachment number 1
Page 7 of 9
Additional Incentives
In addition to the heiqht bonuses, Beach bv DesiGn would permit the consideration of
the vacation of East Shore Drive to assist in the creation of larqer sites to facilitate
redevelopment with a hiqher quality of architectural and site desiqn. Vacation requests
will only be considered in increments of one full block provided concerns related to
access, traffic circulation on the beach, emerqency vehicle access, utilities, etc. can be
mitiqated and fundinq mechanisms are identified to the satisfaction of the City.
The Marina District also supports the maintenance and expansion of dock facilities that
serve existinq and new uses, as well as those that serve the broader public. To assist
in the creation of commercial dock facilities, Beach bv DesiGn waives any additional on-
site parkinq that may be required to support such facilities provided on-street parkinq is
provided adjacent to the upland site.
Beach Bv DesiGn further contemplates that additional flexibility may be provided
reqardinq number and location of parkinq spaces to serve overniqht accommodations.
Belle Harbor
The Belle Harbor condominium site was recently redeveloped consistent with the Hiqh
Density Residential (HDR) zoninq district provisions and no chanqes are anticipated for
this parcel. In the event conditions chanqe, the HDR District will qovern future
redevelopment or improvements to this property.
Site Desian Criteria
To ensure that the scale and character of development in the Marina District provides
the desired settinq for public enjoyment of the waterfront and promotes pedestrian-
oriented development. the followinq requirements shall apply to the Marina District.
Should there be any discrepancy between these provisions and Section VII. Desiqn
Guidelines and/or the Community Development Code, these provisions shall qovern.
Setbacks
In order to promote a pedestrian-friendly environment. overniqht accommodations,
commercial. mixed-use development and townhouses may be permitted a zero foot
front setback. Other forms of residential development shall comply with the setbacks
set forth in the Community Development Code.
Setbacks adjacent to the public boardwalk may incorporate pedestrian-oriented desiqn
features includinq, but not limited to courtyards, steps, entryways, arcades, plazas and
outdoor seatinq areas.
7
Ordinance No. 7721-07
Attachment number 1
Page 8 of 9
To ensure the provIsion of adequate east-west view corridors between properties,
buildinq side setbacks shall be no less than 25% of the buildinq heiqht or a minimum of
10 feet. whichever is qreater. A minimum setback of five feet shall be provided for all
paved surfaces. The public boardwalk, pavement accommodatinq cross-access drive
aisles and shared parkinq areas shall be exempt from any side setback requirements.
Buildinq Desiqn Alonq the Public Boardwalk
The desiqn of facades frontinq Clearwater Harbor is critical in creatinq the atmosphere
alonq the public boardwalk. These facades should receive a hiqh level of desiqn
treatment incorporatinq elements such as chanqes in plane, architectural details, variety
in color, materials and textures, defined entrances, doors and windows and other
appropriate details based on the architectural style of the buildinq.
Parkinq Alonq Clearwater Harbor
Parkinq qaraqes/areas should be internal to the site/buildinq and screened from
Clearwater Harbor. Such areas shall be architecturally inteqrated with the desiqn of the
buildinq.
Section 3. Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines is amended by adding an Appendix which contains the City's Future
Land Use Plan Map for the area governed by Beach by Design and as shown in the
attached Exhibit A.
Section 4. Beach by Design, as amended, contains specific development
standards and design guidelines for areas of Clearwater Beach that are in addition to
and supplement the Community Development Code; and
Section 5. The City Manager or designee shall forward said plan to any agency
required by law or rule to review or approve same; and
Section 6. It is the intention of the City Council that this ordinance and plan and
every provision thereof, shall be considered severable; and the invalidity of any section
or provision of this ordinance shall not affect the validity of any other provision of this
ordinance and plan; and
Section 7. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
8
Ordinance No. 7721-07
Approved as to form:
Leslie Dougall-Sides
Assistant City Attorney
Attachment number 1
Page 9 of 9
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
9
Ordinance No. 7721-07
, \ S\')PO 1
.~ ,.
4~'\
.
-
Carlouel Yacht Club
February 15,2007
Honorable Frank Hibbard
and the Members of the Clearwater City Council
Dear Mr. Mayor and Council Members:
I recently signed a petition brought to me by Betty Failor, a resident of the Carloue1
community on North Beach, objecting to the closing of East Shore Drive.
As General Manager of Carloue1 Yacht Club, I would like to express my concern about
the closing of East Shore Drive and its impact on the traffic coming on and off the beach
to the Club. My basic premise is that as we add properties of significant size to the north
end of the beach, it seems obvious to me that there would be an increase in vehicular
traffic as well. Even with the improved conditions of the new Memorial Causeway
bridge, there still have been significant delays to our members, guests and employees
who are trying to reach the Club, especially on the weekends when our members and
guests use the Club most frequently. The closing of East Shore Drive would only
exacerbate the problem.
Car1oue1 Yacht Club and its members have been a part of the North Beach community
since 1934, and over the 70-year history of this community we have been an integral part
of its past, an important part of its present and an influential part of its future. Carlouel' s
success has been its ability to accept and embrace change. The ongoing changes on
North Beach over the last several years are certainly going to test everyone who resides,
recreates or visits this part of Clearwater.
Thankyou for your attention, and I look forward to a positive outcome for the North
Beach residents and businesses regarding this proposal.
S7"jIY"1 I ;/.....7
{4fd;(;~~1
Charles R. Croasmun (
General Manager .
CRC/goa
1091 ELDORADO AVENUE · CLEARWATER, FLORIDA 33767 · (727) 446-9162 · FAX (7271 441-2309
\ 001
~\ \$ 'J--\
~q.
.
BELLE
HARBOR
February 15, 2007
Re: IPlan for East Shore
Dear Ms. Failor:
Belle Harbor has 200 units and 328 parking spots in total. There are
approximately 50 full time residents, but on weekends and holidays, the
building nears full occupancy at times. The average number of
automobiles is 1.5 per occupied unit; of course, this number increases
greatly on weekends and holidays.
Please feel free to contact me if you need additional information regarding
Belle Harbor.
Sincerely,
~tr~Or5
Condominium Association Manager
BELLE HARBOR OWNER'S ASSOCIATION, INC.
50 I Mandalay Avenue · Clearwater, FL 33767
Phone 727-447-2609 . Fax 727-447-6738
.~ s-\ v:X>1
~II~~\
Page 1 of3
~
Manni, Diane
.'-- T.."'.-'-_-"""- ..,,'.'." ~~-.--_._,,,~.----,~~.,,,,,, -.~ ..,"~"--'".~.~
From: PapaMurphy@aol.com
Sent: Thursday, February 15,20074:40 PM
To: Manni, Diane
Subject: MARINA RESIDENTIAL DISTRICT
Diane; Here is the message I tried to send earlier today. If time permits, please see
that City Council members get a copy.
Mayor Hibbard and City Council
Please consider IIChangingll the proposed Beach By
Design (BBD) Marina Residential District
Amendment.....again..this time at the Second Reading.
The following comments support my request;
* The City has never stated what is so II Wrongll with
BBD that it should be replaced in its entirety. The BBD is
a total package that considers the various character
divisions in a balanced vision for Clearwater Beach. If an
entire Character District is changed, overriding massive
opposition from the citizenry, what is to preclude three
members of this or a future City Council from changing
the remainder of BBD?
* There is overwhelming opposition from citizens of
Clearwater Beach to the City IIVacatingll East Shore Drive,
* There is NO GROUNDSWELL in favor of a bay-side
boardwalk,
* The close vote (4-3) by The Community Development
2/15/2007
f'
Page 2 ()f 3
Board to approve the proposed amendment; followed by a
disastrous and failed, "First Reading," loudly proclaims the
proposal to be fraught with disagreement by the very
bodies which are charged and empowered to lead this
government,
The "First Reading" failed, not because of citizen
opposition, but by disagreement among Council Members.
I believe that was known by Council Members before the
meeting because NO MOTION was ever placed on the
floor so that proper debate and consideration could take
place. However, much discussion ensued to no
conclusion. The proposal should have failed at that point.
The (Second) First Reading, began to unravel, much as the
first attempt, (No Motion to Approve was offered, and
STILL discussion was entered.) But "Plan B" was called
into play: two motions were made to change the wording
of an amendment that had not yet been approved. The
next motion was to "Approve the amendment, as
amended. II Few observers, if any, knew what had just
taken place. It seems to ME that opposition should have
been given the chance to pin down the changed wording or
challenge the procedure. During this Second Reading .
several citizens presented reasonable and viable
alternatives to the closing of East Shore Drive. All were
ignored.
2/15/2007
Page 3 of3
The new wording still does not provide clear-cut guidance;
* Who, among the Council Members, knows what the
word IIContemplates" means as used in the wording of the
proposed amendment?
* Same question for II Mixed use,lI
* The new height table is text book obfuscation,
* What does, II Stand alone residential development ,II
mean?
* In the rush to provide flexibility (That is assumed to
be what developers want) the vision becomes murkier.
Vacating East Shore Drive will be irreversible.
Please take, IIVacation of East Shore Drive," out of the
amendment and "Off the incentive table." Prime property
should be incentive enough to sellers and buyers.
Jerry Murphy
959 Mandalay Avenue
Clearwater Beach, FL 33767
443-2168
Mamurphy@aol.com
2/15/2007
Meeting Date:2/15/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7723-07 on second reading, amending the Community Development Code by amending Article 2, Zoning
Districts, to amend use, maximum height and minimum setback requirements and to amend off-street parking requirements, which
are governed by Beach by Design.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 9
Attachment number 1
Page 1 of 3
ORDINANCE NO. 7723-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY
DEVELOPMENT CODE BY AMENDING ARTICLE 2,
ZONING DISTRICTS, TABLES 2-802 AND 2-803, TO
AMEND USE, MAXIMUM HEIGHT AND MINIMUM
SETBACK REQUIREMENTS AND TO AMEND OFF-
STREET PARKING REQUIREMENTS, WHICH ARE
GOVERNED BY BEACH BY DESIGN: A PRELIMINARY
DESIGN FOR CLEARWATER BEACH AND DESIGN
GUIDELINES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted a new Community
Development Code on January 21, 1999 which was effective on March 8, 1999,
and
WHEREAS, the City of Clearwater has determined where the Community
Development Code needs clarification and revision, and
WHEREAS, the Community Development Code needs to be consistent to
provisions within Beach by Design: A Preliminary Design for Clearwater Beach
and Design Guidelines, and
WHEREAS, the City of Clearwater desires for the Community
Development Code to function effectively and equitably throughout the City, now
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Article 2, Section 2-802, Table 2-802, is amended as follows:
Section 2-802 Flexible standard development.
The following uses are Level One permitted uses in the T District subject to the
standards and criteria set out in this section and other applicable provisions of
Article 3.
***********
(1) Specific standards for the Old Florida District and the Marina District that
supercede the above regulations are set forth in Beach by Design: A
Preliminary Design for Clearwater Beach and Design Guidelines.
***********
Ordinance No. 77~ # 9
Attachment number 1
Page 2 of 3
Section 2. Article 2, Section 2-803, Table 2-803, is amended as follows:
Section 2-803 Flexible development.
The following uses are Level Two permitted uses in the Tourist "T" District
subject to the standards and criteria set out in this section and other applicable
provisions of Article 3.
***********
(1) Specific standards for the Old Florida District and the Marina District that
supercede the above regulations are set forth in Beach by Design: A
Preliminary Design for Clearwater Beach and Design Guidelines.
***********
Section 3. Amendments to the Land development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently
amended) are hereby adopted to read as set forth in this Ordinance.
Section 4. The City of Clearwater does hereby certify that the
amendments contained herein, as well as the provisions of this Ordinance, are
consistent with and in conformance with the City's Comprehensive Plan.
Section 5. Should any part or provision of this Ordinance be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the validity
of the Ordinance as a whole, or any part thereof other than the part declared to
be invalid.
Section 6. Notice of the proposed enactment of this Ordinance has been
properly advertised in a newspaper of general circulation in accordance with
applicable law.
Section 7. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
2
Ordinance No. 7723tQm # 9
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie F. Dougall-Sides
Assistant City Attorney
3
Attachment number 1
Page 3 of 3
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 7723tQm # 9
Meeting Date:2/15/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7725-07 on second reading, amending the Community Development Code sections relating to occupational
licenses.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 10
Attachment number 1
Page 1 of 5
ORDINANCE NO. 7725-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO OCCUPATIONAL LICENSES; AMENDING
COMMUNITY DEVELOPMENT CODE SECTIONS 3-2302, 3-2303, 3-
2304, 3-2306, 3-2307, 4-202, 4-205, AND 8-102 TO SUBSTITUTE
NEW TERMINOLOGY REQUIRED BY PROVISIONS OF FLORIDA
STATUTES; FURTHER AMENDING SECTIONS 3-2307 AND 4-205
TO DELETE THE PROCEDURES FOR NOTICE, HEARING, AND
APPEAL REGARDING REVOCATION AND DENIAL AND TO
PROVIDE INSTEAD THAT SUCH PROCEDURES SHALL BE AS SET
FORTH IN CODE OF ORDINANCES SECTIONS 29.41 AND 29.44;
FURTHER AMENDING SECTION 8-102 TO ADD CERTAIN
DEFINITIONS; PROVIDING AN EFFECTIVE DATE.
Section 1. Article 3 Community Development Standards, Division 23, Residential
Rentals, is amended to read:
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Sec. 3-2302. Business tax receipt occupational licensing required.
A business tax receipt An occupational license shall be required for all rentals
set forth in Section 3-2301. Business tax receipt Licensing procedures and
requirements shall be as set forth in Code of Ordinances Chapter 29. The fee
charged for such business tax receipt occupational license shall be as set forth in
the Code of Ordinances Appendix A, Division XVIII.
Sec. 3-2303. Local representation for business tax receipt occupational
license applications for residential rentals.
Business tax receipt occupationalliconso applications for residential rentals shall
include a local contact or representative. Such contact or representative shall
maintain a current working local telephone number and current local address, not a
public or private post office box, and provide notification thereof of any changes to
the city within 30 days for a physical location and telephone number within one of
the following counties in Florida: Pinellas, Hillsborough, Pasco, Manatee or
Sarasota.
Sec. 3-2304. Residential rental compliance-Notice requirements of minimum
applicable standards form acknowledging notice of housing and development
standards.
Ordinance No.ltem5#l71 0
Attachment number 1
Page 2 of 5
Each owner of real property to which this division is applicable shall receive notice of
and shall file, with an initial business tax receipt occupational licensing application
or, for existing licensees, by October 1 of each business tax receipt occupational
licensing year, a notice requirements of minimum applicable standards form with the
development and neighborhood services department acknowledging receipt of
housing and development standards contained in Section 28.82, the Standard
Housing Code, as adopted by Code of Ordinances Sections 49.01 and 49.02, and
the Development Standards, Divisions 8, 12, 13, 14, 15, 18, contained in Community
Development Code, Article 3.
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Sec. 3-2306. Penalties.
Failure to obtain or maintain a business tax receipt an occupational license as
required by Section 3-2302 or failure to maintain a property in compliance with the
code requirements set forth in Section 3-2304, shall subject the violator to
enforcement proceedings and penalties in accordance with Article 7 of the
Community Development Code and with Code of Ordinances Section 1.12. The
provision of this division shall provide an additional means of enforcement, but shall
not prohibit the city from taking enforcement action under other code provisions.
Sec. 3-2307. Revocation or denial of business tax receipt occupational
license.
In addition to the enforcement proceedings and penalties provided for in
section 3-2306, failure to comply with the provisions of this division shall be
considered just cause for denial of the issuance of a business tax receipt aA
occupational license for the subject property, and for revocation of an existing
business tax receipt occupational license pertaining to the subject property in
accordance with the procedure set forth in this section. Prior to revocation or denial,
the city manager or his/her designee shall issue a notice of revocation or denial
notifying the residential rental licensee of the city's intent to revoke or deny. The
notice shall be sent certified mail, return receipt requested, to the last knovl.'n
address for the residential rental licensee. Within ten calendar days from the date of
mailing of said notice, the license shall be automatically denied, revoked or
nonrenO\I':able, unless the residential rental licensee files v:ith the city clerk a written
statement setting forth the grounds for an appeal. Upon the filing of such '.witten
statement, the city clerk shall notify the city manager, who shall schedule and
conduct a hearing before the city manager or designee '.l'l.'ithin 30 calendar days from
the date the \I':ritten statement was filed. The residential rental licensee shall be
given '.witten notice of the hearing by certified mail, return receipt requested, and
shall have an opportunity to present evidence, cross examine witnesses, and be
represented by counsel. The city shall have the burden of proof by a preponderance
of the evidence, and the city manager or designee's decision shall be based solely
on the evidence presented at the hearing. Within ten calendar days of the hearing,
-2-
Ordinance No. 71fEifi-fj71 0
Attachment number 1
Page 3 of 5
the city manager or designee shall file vvith the city clerk's office and serve on the
residential rental licensee a '.witten decision containing findings of fact and
conclusions of the legal basis for the decision. The decision shall become final
unless, vl.'ithin 30 days of the date the city manager or designee files the decision
\I':ith the city clerk, the residential rental licensee files a petition for writ of certiorari in
the Circuit Court for Pinellas County. The procedure for revocation or denial and
appeal therefrom shall be as set forth in Code of Ordinances Sections 29.41 and
29.44. The filing of a pleading seeking judicial review shall automatically stay the
revocation until judicial review has been exhausted unless the city obtains injunctive
relief. Any residential rental taxpayer licensee who has had a business tax receipt aA
occupational license revoked or denied under this section or under Code of
Ordinances Section 29.41 shall not be eligible to submit an initial or renewal
application for business tax receipt license to conduct residential rental business on
the subject property in the city until one year has expired from the date the business
tax receipt license was revoked or denied by the city or, if an appeal is taken while
the business continues in operation, until one year from the later of the date of the
last decision or order affirming the revocation or denial or the date the business
ceases operations in compliance with the decision or order.
Section 2. Article 4. Development Review and Other Procedures, Division 2,
General Procedures, is amended to read:
Section 4-202. Applications for development approval.
A. Basic information required for all applications. All applications for
development approval shall include the following information:
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10. If the proposed development is for a home occupation, an
executed affidavit:
a. Agreeing to comply with all standards contained in Article 3
Division 2 and any other conditions of the home occupation that
may be established in authorizing same.
b. Recognizing the need to renew the requisite business tax
receipt occupational license annually or as may otherwise be
required.
c. Acknowledge that any departure from the conditions
authorizing the use shall be grounds for the revocation of the
applicable occupational license.
d. Agreeing to permit reasonable inspection of the premises of
the home occupation to ensure compliance with the
conditions thereof.
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-3-
Ordinance No. 71fEifi-fj71 0
Attachment number 1
Page 4 of 5
B. Simultaneous applications. If more than one approval is required (for
example, Level One and Level Three) for a particular development proposal,
with the exception of an application for a building permit, certificate of
occupancy or business tax receipt occupational license, an applicant is
required to submit all applications for development approval at the same
time.
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Section 4-205. Business tax receipt Occupational license.
A. Applicability. Any person required to obtain a business tax receipt aA
occupational license in order to conduct business within the city pursuant to the
provisions of Chapter 29, Article II of the city's Code, shall obtain such license after
the issuance of an occupancy permit.
B. Procedure.
1. All applications for business tax receipts occupational licenses shall be prepared
on forms available from the city manager.
2. Upon receipt of an application for a business tax receipt an occupational license,
the city manager shall forward a copy of the application to the community
development coordinator who shall review the application to determine if the
business occupation conforms to applicable provisions of this development code and
any prior approvals.
3. Upon receipt of a determination by the community development coordinator that
the business occupation does conform to applicable provisions of this development
code and prior approvals, then the city manager shall review the application and
determine whether the business occupation conforms to all applicable requirements
of Chapter 29, Article II of the city's Code.
4. Following review and determination as to conformance by both the community
development coordinator and the city manager, the city manager shall either issue
the business tax receipt occupational license or deny the application.
C. Appeal. A denial of an occupational license may be appealed in the manner
provided in Article -1 Division 5.
Section 3. Article 8, Definitions and Rules of Construction, is amended to read:
Section 8-102. Definitions.
For the purposes of this Development Code, the following words and terms
have the meanings specified herein:
Abandoned building means a building or structure that is deserted by the
owner and left unsecured or that is not maintained. Evidence of desertion and lack of
maintenance shall include, but not be limited to: unaddressed code violations; lack of
required building permits or certificate of occupancy; lack of business tax receipt
occupationalliconso; and lack of active utilities.
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-4-
Ordinance No. 71fEifi-fj71 0
Attachment number 1
Page 5 of 5
Business tax recei{Jt means the document issued by the city indicatinq all
fees, taxes and other associated costs associated with conductinq the business at
any and all appropriate locations within the city have been paid.
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Operator means any person who engages in or performs any supervisory
activity which is necessary to or which facilitates the operation of an "adult use
establishment," including but not limited to, the taxpayer licensee, manager,
doorman, bartender, disc jockey, sales clerk, ticket taker, movie projectionist, or
other employee.
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Tax/Javer means any person liable for the taxes imposed under the
provisions of Chapters 7, 25, and 29, respectively, any aqent required to file and pay
any taxes imposed under said provisions, and the heirs, successors, assiqnees, and
transferees of any such person or aqent, wherever relevant to any provision of this
article or other law or ordinance, and includes any and all individuals listed on the
business tax application and/or business tax receipt.
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
-5-
Ordinance No. 71fEifi-fj71 0
Meeting Date:2/15/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7755-07 on second reading, annexing certain real property whose post office address is 1761 Audrey 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
Cover Memo
Item # 11
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7755-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED
APPROXIMATELY 840 FEET NORTH OF STATE ROAD 590 AND
260 FEET SOUTH OF NORTH TERRACE DRIVE CONSISTING
OF LOT 40, PINELLAS TERRACE SUBDIVISION, WHOSE POST
OFFICE ADDRESS IS 1761 AUDREY 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 40, Pinellas Terrace Subdivision, according to map or plat thereof as recorded
in Plat Book 49, Page 52, Public Records of Pinellas County, FL (ANX2006-09035)
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
Item # 11
Ordinance No. 7755-07
Meeting Date:2/15/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance7756-07 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 1761 Audrey Drive, upon annexation into the City of
Clearwater, as Residential Low.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 12
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7756-07
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 840 FEET
NORTH OF STATE ROAD 590 AND 260 FEET SOUTH OF
NORTH TERRACE DRIVE CONSISTING OF LOT 40,
PINELLAS TERRACE SUBDIVISION, WHOSE POST
OFFICE ADDRESS IS 1761 AUDREY 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 40, Pinellas Terrace Subdivision, according
to map or plat thereof as recorded in Plat Book 49,
Page 52, Public Records of Pinellas County,
FL (ANX2006-09035)
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. 7755-07.
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
Item # 12
Ordinance No. 7756-07
Meeting Date:2/15/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7757-07 on second reading, amending the Zoning Atlas of the City by zoning certain real property whose post
office address is 1761 Audrey Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 13
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7757-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED
APPROXIMATELY 840 FEET NORTH OF STATE ROAD
590 AND 260 FEET SOUTH OF NORTH TERRACE DRIVE
CONSISTING OF LOT 40, PINELLAS TERRACE
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1761
AUDREY 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 40, Pinellas Terrace Subdivision, according to
map or plat thereof as recorded in Plat Book 49,
Page 52, Public Records of Pinellas County, FL
(ANX2006-09035)
Zoninq District
Low Medium Density
Residential
(LMDR)
Lot 40, Pinellas Terrace Subdivision, according to map or plat thereof as
recorded in Plat Book 49, Page 52, Public Records of Pinellas County, FL
(ANX2006-09035)
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. 7755-07.
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
Item # 13
Ordinance No. 7757-07
Meeting Date:2/15/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7758-07 on second reading, annexing certain real property whose post office address is 1416 Regal Road, into
corporate limits of the city and redefining the boundary lines of the city to include said addition.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 14
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7758-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED APPROXIMATELY 320 FEET EAST OF SUNNY
PARK ROAD AND 554 FEET WEST OF BRAUND STREET,
CONSISTING OF LOT 5, SOLAR CREST, WHOSE POST
OFFICE ADDRESS IS 1416 REGAL ROAD, INTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING
THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID
ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171 .044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
Lot 5, Solar Crest, as recorded in Plat Book 36, Page 72, Public Records of
Pinellas County, Florida. (ANX2006-09036)
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
Item # 14
Ordinance No. 7758-07
Meeting Date:2/15/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7759-07 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 1416 Regal Road, upon annexation into the City of
Clearwater, as Residential Low.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 15
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7759-07
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 320 FEET
EAST OF SUNNY PARK ROAD AND 554 FEET WEST OF
BRAUND STREET, CONSISTING OF LOT 5, SOLAR
CREST, WHOSE POST OFFICE ADDRESS IS 1416
REGAL ROAD, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's comprehensive plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City
of Clearwater is amended by designating the land use category for the hereinafter
described property, upon annexation into the City of Clearwater, as follows:
Property
Lot 5, Solar Crest, as recorded in Plat Book 36,
Page 72, Public Records of Pinellas County,
Florida. (ANX2006-09036)
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. 7758-07.
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
Item # 15
Ordinance No. 7759-07
Meeting Date:2/15/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7760-07 on second reading, amending the zoning atlas of the city by zoning certain real property whoe post
office address is 1416 Regal Road, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 16
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7760-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED
APPROXIMATELY 320 FEET EAST OF SUNNY PARK
ROAD AND 554 FEET WEST OF BRAUND STREET,
CONSISTING OF LOT 5, SOLAR CREST, WHOSE POST
OFFICE ADDRESS IS 1416 REGAL ROAD, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
LOW MEDIUM DENSITY RESIDENTIAL (LMDR);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property
Lot 5, Solar Crest, as recorded in Plat Book 36,
Page 72, Public Records of Pinellas County, Florida.
(ANX2006-09036)
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. 7758-07.
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
Item # 16
Ordinance No. 7760-07
Meeting Date:2/15/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7761-07 on second reading, annexing certain real property whose post office address is 1236 Claire 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
Cover Memo
Item # 17
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7761-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED
APPROXIMATELY 120 FEET WEST OF NORTH BETTY LANE
AND 70 FEET EAST OF STOCKTON DRIVE, CONSISTING OF
LOT 2, BLOCK A, STEVENSON'S HEIGHTS, WHOSE POST
OFFICE ADDRESS IS 1236 CLAIRE 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 2, Block A, Stevenson's Heights, according to the plat thereof, as recorded in
Plat Book 34, Page 13, Public Records of Pinellas County, Florida
(ANX2006-09037)
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
Item # 17
Ordinance No. 7761-07
Meeting Date:2/15/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7762-07 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 1236 Claire Drive, upon annexation into the City of
Clearwater, as Residential Low.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 18
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7762-07
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 120 FEET
WEST OF NORTH BETTY LANE AND 70 FEET EAST OF
STOCKTON DRIVE, CONSISTING OF LOT 2, BLOCK A,
STEVENSON'S HEIGHTS, WHOSE POST OFFICE
ADDRESS IS 1236 CLAIRE DRIVE" UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS RESIDENTIAL
LOW; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's comprehensive plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City
of Clearwater is amended by designating the land use category for the hereinafter
described property, upon annexation into the City of Clearwater, as follows:
Property Land Use Cateqory
Lot 2, Block A, Stevenson's Heights, according Residential Low
to the plat thereof, as recorded in Plat Book 34,
Page 13, Public Records of Pinellas County, Florida
(ANX2006-09037)
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. 7761-07.
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
Item # 18
Ordinance No. 7762-07
Meeting Date:2/15/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7763-07 on second reading, amending the zoning atlas of the city by zoning certain real property whose post
office address is 1236 Claire Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 19
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7763-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY
APPROXIMATELY 120 FEET WEST OF NORTH BETTY
LANE AND 70 FEET EAST OF STOCKTON DRIVE,
CONSISTING OF LOT 2, BLOCK A, STEVENSON'S
HEIGHTS, WHOSE POST OFFICE ADDRESS IS 1236
CLAIRE 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 2, Block A, Stevenson's Heights, according
to the plat thereof, as recorded in Plat Book 34,
Page 13, Public Records of Pinellas County, Florida
(ANX2006-09037)
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. 7761-07.
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
Item # 19
Ordinance No. 7763-07
Meeting Date:2/15/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7769-07 on second reading, repealing Ordinance 7613-06 in its entirety and vacating a portion of Section 9,
Township 29 South, Range 15 East, being a part of the existing right-of-way of Osceola Avenue and a portion of an alley lying
north of Lots 2 and 3 of Jones Subdivision of Nicholson's Addition to Clearwater Harbor, three drainage and utility easements and
one ingress/egress easement, subject to applicant fulfilling enumerated obligations, conditions and requirements.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 20
Attachment number 1
Page 1 of 4
ORDINANCE NO. 7769-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, REPEALING ORDINANCE NO. 7613-06 IN ITS
ENTIRETY; VACATING A PORTION OF SECTION 9,
TOWNSHIP 29 SOUTH, RANGE 15 EAST, BEING A PART
OF THE EXISTING RIGHT-OF-WAY OF OSCEOLA
AVENUE AND A PORTION OF AN ALLEY LYING NORTH
OF LOTS 2 AND 3 OF JONES SUBDIVISION OF
NICHOLSON'S ADDITION TO CLEARWATER HARBOR;
THREE DRAINAGE AND UTILITY EASEMENTS AND ONE
INGRESS/EGRESS EASEMENT; SUBJECT TO APPLICANT
FULFILLING ALL OBLIGATIONS, CONDITIONS AND
REQUIREMENTS DESCRIBED HEREIN; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Triangle Old Bay Holding, LLC owners of real property located in the
City of Clearwater, have requested that the City vacate three drainage and utility
easements, one ingress/egress easement described herein and a portion of Osceola
Avenue right-of-way as legally described and depicted in Exhibit A ("Parcel Three")
attached hereto; and
WHEREAS, in consideration of the City vacating Parcel Three, Applicant agrees to
simultaneously convey to the City of Clearwater unencumbered insured title in and to
Parcel Two as legally described and depicted in Exhibit B attached hereto; and
WHEREAS, the Clearwater City Council finds that said right-of-way as described in
Exhibit A is not necessary for municipal use as same shall be replaced by lands described
in Exhibit B as replacement for Osceola Avenue right-of-way upon conveyance by
Applicant; and
WHEREAS, Ordinance No. 7613-06 was adopted on May 4, 2006, and the
Applicant failed to meet the obligations and requirements described therein; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Ordinance No. 7613-06 is hereby repealed in its entirety.
Section 2. The Applicant has requested the vacation of the following:
A portion of Section 9, Township 29 south, Range 15 east, Pinellas County, Florida,
being the existing right-of-way of Osceola Avenue and a portion of an alley lying north of
Lots 2 and 3 of Jones Subdivision of Nicholson's Addition to Clearwater Harbor as
recorded in Plat Book 1, Page 13 of Hillsborough County, Florida, of which Pinellas
Ordinance Ndterng#Jt20
Attachment number 1
Page 2 of 4
County was formerly a part, being more particularly described as follows:
Commence at the northeast corner of said Lot 1 of Jennie Cates subdivision, also being
the intersection of the southerly right-of-way line of Georgia Street and the Westerly
right-of-way line of North Fort Harrison Avenue thence along the southerly right-of-way
line of Georgia Street S 8go 40' 45" W, 212.46 feet to the Point of Beginning; thence
along the easterly right-of-way line of Osceola Avenue, S 000 19' 25"E, 333.32 feet;
thence N 890 49' 02" E, 49.23 feet; thence along the westerly boundary of a vacated
alley per OR. Book 7546, Page 607, S 010 01' 42" E, 12.50 feet; thence S 890 53' 10"
W, 66.67 feet to a non-tangent curve concave northwesterly, having a radius of 45.00
feet; thence southwesterly along said curve and said easterly right-of-way line of
Osceola Avenue, 15.74 feet through a central angle of 200 02' 38" (chord bearing S 490
19' 36" W 15.66 feet); thence S 000 04' 22" E, 12.90 feet; thence S 790 39' 30" W.,
80.02 feet; thence S 000 47' 26" E, 12.31 feet; thence N 890 44' 18" W, 15.03 feet;
thence S 000 50' 40" W, 24.00 feet; thence N 890 44' 18" W, 40.00 feet; thence along
the westerly right-of-way line of said Osceola Avenue by the following three courses: 1 -
N 000 50' 40" E, 83.79 feet; 2 - thence N 890 58' 45" E, 121.94 feet; 3 - thence N 000
21' 07" W, 334. 58 feet; thence along the southerly right-of-way line of said Georgia
Street, N 88040' 45" E, 40.02 feet to the point of beginning; and
Vacate the easement retained over the full width of a vacated alley, (said vacation
recorded in OR. Book 7270, Page 1731 of the Official Records of Pinellas County,
Florida) described as the 10-foot North/South alley lying West of Lots 1-3, inclusive, and
East of Lots 4-7, inclusive, A.B. and Jennie Cates Subdivision as recorded in Plat Book
1, Page 64 of the Official Records of Pinellas County, Florida; and
Vacate the drainage and utility easement retained over the full width of a vacated alley
portion, (said vacation recorded in OR. Book 7546, Pages 607 and 608 of the Official
Records of Pinellas County, Florida) described as that portion of the East-West alley
lying north of and adjacent to the original boundary of Lot B, Bergens Replat , according
to the plat or map thereof, as recorded in Plat Book 26, Page 41 of the Official Records
of Pinellas County, together with that portion of the East-West alley lying North of and
adjacent to the easterly 1/3 of Lot 3, Block 2, Jones Subdivision of Nicholson's Addition
to Clearwater Harbor, as recorded in Plat Book 1, Page 13, of the Official Records of
Hillsborough County, Florida, of which Pinellas County was once a part, less and except
the West 25 feet thereof; and
Vacate the easement retained over the full width of a vacated alley (said vacation
recorded in OR. Book 7519, Pages 329 and 330 of the Official Records of Pinellas
County, Florida) described as the 15-foot North-South alley lying along the West 15 feet
of Lots A and B, Bergens Replat as recorded in Plat Book 26, Page 41 of the Public
Records of Pinellas County, Florida; and
Vacate the Ingress Egress easement, (recorded in OR. Book 7540, Pages 275-278),
described as a parcel of land located in Section 9, Township 29 South, Range 15 East,
2
Ordinance Ndterng#Jt20
Attachment number 1
Page 3 of 4
being more particularly described as: Commence at the northeast corner of lot 9 of
Bergens Replat, as recorded in Plat Book 25, Page 41 of the Public Records of Pinellas
County, Florida; thence South (S 000 22' 10" E Platted Bearing), along the westerly
right-of-way line of North Fort Harrison Avenue (a 55 foot right-of-way), a distance of
7.10 feet to the Point of Beginning; thence continue south 24.00 feet; thence leaving
said right-of-way N 890 49' 47" W, a distance of 134.65 feet; thence N 400 53' 26" W, a
distance of 41.25 feet to the Southerly line of an alley; thence north, a distance of 12.47
feet to the northerly line of said alley; thence S 890 58' 02" E along said northerly line a
distance of 6.00 feet; thence leaving said line S 530 55' 58" E, a distance of 33.40 feet;
thence S 890 49' 47" E, a distance of 128.65 feet, to the Point of Beginning; subject to
conditions.
The vacation of the above-described properties shall become effective upon the occurrence of
the following:
1) Unencumbered title in and to the new 50-foot right-of-way of Osceola Avenue described
as "Parcel Two", Exhibit B attached, is conveyed to the City of Clearwater by Warranty Deed,
with title therein insured for not less than $400,000 by a nationally recognized underwriter of Title
Insurance authorized to conduct business in the State of Florida.
2) Applicant has completed a temporary road subject to City of Clearwater inspection and
approval, parallel to Fort Harrison, available for use by emergency vehicles.
3) Applicant has provided to the City of Clearwater a Letter of Credit (LOC) or Performance
Bond in an amount of not less than $1,000,000 said LOC/Bond to be used to assure
construction and completion of the new Osceola Avenue improvements on Parcel Two, as
provided FLD2006-05030 approved by the Community Development Board on Nov. 21,
2006.
4) Applicant shall relocate all existing utilities lying within the portion of Osceola Avenue
herein vacated (Parcel Three) to the satisfaction of the owners of said utilities and at the sole
expense of said Applicant.
Section 3. Within eighteen months of the adoption of the ordinance, Applicant shall
have obtained all necessary permits and commenced construction on the new Osceola Avenue.
Within two (2) years of the date of adoption of this ordinance and prior to the issuance of a
certificate of occupancy for any portion of Applicant's property, Applicant shall have completed
all improvements to the new Osceola Avenue (Parcel Two) in accordance with all City of
Clearwater construction standards and the plans provided in FLD2006-05030 approved by the
Community Development Board on Nov. 21, 2006. In the event Applicant fails to commence
or complete the improvements as provided herein, the City of Clearwater may draw upon the
Letter of Credit/Performance Bond in accordance with its terms, to complete right-of-way
improvements.
3
Ordinance Ndterng#Jt20
Attachment number 1
Page 4 of 4
Section 4. This ordinance shall take effect upon adoption.
Section 5. If all conditions precedent to the vacations becoming effective are not met
within one hundred and eighty (180) days following adoption of this Ordinance, this Ordinance
shall thereafter be null and void in all respects as though never adopted, and the City Clerk shall
thereafter record a Notice of Failure to Meet Conditions to that effect in the public records of
Pinellas County, Florida.
Section 6. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following 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
4
Ordinance Ndterng#Jt20
Meeting Date:2/15/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7772-07 on second reading, annexing certain real property whose post office address is 1891 CR 193, into the
corporate limits of the city and redefining the boundary lines of the city to include said addition.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 21
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7772-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED
APPROXIMATELY 400 FEET SOUTH OF THE INTERSECTION
OF SUNSET POINT ROAD AND CR 193, CONSISTING OF A
PORTION OF SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16
EAST IN METES AND BOUNDS 41/02, WHOSE POST OFFICE
ADDRESS IS 1891 CR 193, INTO THE CORPORATE LIMITS OF
THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE
CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
See legal description attached hereto. (ANX2006-10038)
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
Item # 21
Ordinance No. 7772-07
Meeting Date:2/15/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7773-07 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 1891 CR 193, upon annexation into the City of
Clearwater, as Residential Low.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 22
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7773-07
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 400 FEET
SOUTH OF THE INTERSECTION OF SUNSET POINT
ROAD AND CR 193, CONSISTING OF A PORTION OF
SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST IN
METES AND BOUNDS 41/02, WHOSE POST OFFICE
ADDRESS IS 1891 CR 193, 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
See legal description attached hereto.
(ANX2006-10038)
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. 7772-07.
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
Item # 22
Ordinance No. 7773-07
Meeting Date:2/15/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7774-07 on second reading, amending the zoning atlas of the city by zoning certain real property whose post
office address is 1891 CR 193, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 23
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7774-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED
APPROXIMATELY 400 FEET SOUTH OF THE
INTERSECTION OF SUNSET POINT ROAD AND CR 193,
CONSISTING OF A PORTION OF SECTION 5, TOWNSHIP
29 SOUTH, RANGE 16 EAST IN METES AND BOUNDS
41/02, WHOSE POST OFFICE ADDRESS IS 1891 CR 193,
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
See legal description attached hereto.
(ANX2006-10038)
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. 7772-07.
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
Item # 23
Ordinance No. 7774-07
Meeting Date:2/15/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7783-07 on second reading, vacating the north five feet of a 10 foot drainage and utility easement lying along the
south property line of Lot 37, Countryside Tract 90, Phase I.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 24
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7783-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE NORTH FIVE FEET OF A 10-
FOOT DRAINAGE AND UTILITY EASEMENT LYING
ALONG THE SOUTH PROPERTY LINE OF LOT 37,
COUNTRYSIDE TRACT 90, PHASE I; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Keith and Julie McNamara, owners of real property located in the City
of Clearwater, have requested that the City vacate the drainage and utility easement
depicted in Exhibit A attached hereto; and
WHEREAS, the City Council finds that said easement is not necessary for
municipal use and it is deemed to be in the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
The north Five feet of a 10-foot drainage and utility easement lying along
the south property line of Lot 37, Countryside Tract 90, Phase I, as
recorded in Plat Book 82, Page 57, 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:
Carlos F. Colon
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 24
Ordinance No. 7783-07
Meeting Date:2/15/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7788-07 on second reading, vacating the east ten feet of a 25 foot drainage and utility easement lying along the
west property lines of Lots 12 through 19, Renaissance Oaks Subdivision, subject to conditions.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 25
Attachment number 1
Page 1 of 2
ORDINANCE NO. 7788-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE EAST TEN FEET OF A 25-
FOOT DRAINAGE AND UTILITY EASEMENT LYING
ALONG THE WEST PROPERTY LINES OF LOTS 12
THROUGH 19, RENAISSANCE OAKS SUBDIVISION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Renaissance Oaks, LLC, owner of real property located in the City of
Clearwater, has requested that the City vacate a portion of the drainage and utility
easement as depicted in Exhibit A attached hereto; and
WHEREAS, Renaissance Oaks, LLC, will install a storm pipe instead of a swale
for drainage, which allows the reduction in the size of the drainage and utility easement
needed; and
WHEREAS, the City Council finds that said portion of the 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:
East ten feet of a 25-foot drainage and utility easement lying along the west
property lines of Lots 12 through 19, inclusive, Renaissance Oaks
Subdivision, as recorded in Plat Book 133, Page 3, 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; except that this vacation shall
not become effective until the applicant has installed a storm pipe in the drainage and
utility easement to the satisfaction of the City Engineer.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance will be effective upon adoption.
PASSED ON FIRST READING
January 31,2007
Item # 25
Ordinance No. 7788-07
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Carlos F. Colon
Assistant City Attorney
Attachment number 1
Page 2 of 2
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Item # 25
Ordinance No. 7788-07
Meeting Date:2/15/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the Rollover of Bid 07 -06 Gas Material Polyethylene Pipe and Fittings Lines 1-10 and Line 144 (First Rollover) and
approve a Purchase Order in the amount of $480,000 for the period March 1, 2007 to February 29, 2008 to Chris George Sales
Utility Products and the appropriate officials be authorized to execute same. (consent)
SUMMARY:
Chris George Sales Utility Products P.O. Box 22310 Knoxville, TN 37933 was the low bidder on Bid 07 -06 for Lines 1-10 (Pipe
2406 and 3408) and Line 144 (Valve Boxes) with an actual bid of $442,677.
Chris George Sales Utility Products has agreed in writing to hold current pricing for another year.
Funding is available in Pinellas New Mains and Service Lines 315-96377 ($200,000) and Pasco New Mains and Service Lines
($280,000) in the Clearwater Gas System budget.
This material is code approved and will be utilized to install or replace Gas Mains and Service Lines in the Clearwater Gas System
Distribution System to include expansion into central Pasco County and into Neighborhoods in the City of Clearwater.
Type:
Current Year Budget?:
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Capital expenditure
Yes
Budget Adjustment:
None
$480,000
$480,000
10/01106 to 09/30/07
Annual Operating Cost:
Total Cost:
$480,000
$480,000
Appropriation Code
315-96377
315-96378
Review Approval: 1) Clerk
Amount
$200,000
$280,000
Appropriation Comment
Pinellas
Pasco
Cover Memo
Item # 26
Meeting Date:2/15/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve Change Order 4 for the 2002 Water Service Line Replacement Contract (99-0078-UT) to Westra Construction
Corporation of Palmetto, FL, for the 2006 contract (06-0004-UT), increasing the contract amount by $967,725.00 for a new
contract total of $2,863,770.75, approve a time extension of 365 days and authorize the appropriate officials to execute same.
(consent)
SUMMARY:
On October 17, 2002 the City Council awarded a contract to Westra Construction Company in the amount of $611,750.00. The purpose
of this contract was to replace aging potable water service lines to improve flow and pressure to customers of the City's water system and
to reduce maintenance. This Project is the third phase of a multi-year program to replace older service lines that are constructed of
galvanized pipe andcopper tubing that deteriorate over time, causing line breaks, and reduction of flow capacity and pressure to the
individual customers.
City Council approved Change Order 1 on June 19,2003. This change order was for the purpose of awarding the 2003 Water Service
Line Replacements Contract (03-0005-UT) applying Westra's 2002 unit prices to the 2003 bid quantities which increased the contract by
$687,632.00 for a new contract total of $1,299,382.00
City Council approved Change Order 2 which included a reduction for finalizing the 2003 Water Service Line Replacement Contract (03-
0005-UT) This closed Change Order 1 short by the amount of $210,146.75 and increased project costs by $845,564.50 applying Westra's
2002 unit prices for the 2005 Water Service Line Replacements Contract (04-0068-UT) bid quantities for a new contract total of
$1,934,799.75.
Administrative Change Order 3 was necessary to increase quantities of items that had overrun and decrease items that were unused. This
change order reduced contract amount by $38,754.00 and resulted in a new contract amount of $1,896,045.75
This Change Order 4 includes a reduction for finalizing the 2005 Water Service Line Replacement Contract (04-0068-UT), which closes
Change Order 3 short by the amount of $955.00 and increases project costs by $968,680.00 applying Westra's 2002 unit prices for the
2006 Water Service Line Replacements Contract (06-0004-UT) for a new contract total of $2,863,770.75.
The 2006 contract award to the Westra Construction Corporation, by this method, has been determined to be in the best interest of the
City for this project, based upon Westra's performance on the 2002,2003, and 2005 projects.
It is anticipated that this project will take 365 days. In the past, the exact number of services to be replaced and their locations has been
difficult to determine ahead of time since many services in a designated area have already been replaced by City forces. This resulted in
delays while City staff designated new areas for service line replacements. Therefore, this Change Order 4 does not designate quantities
but does lock in unit prices. The contractor will go where directed until the funds have been expended.
The work in this project will occur only up to, and possibly including, the customer's meter and meter box (the City's maintenance
limits) -- each customer is responsible for their own service lines from the meter to their houses (the customer's service line maintenance
limits ).
Resolution 06-53 was passed on October 15, 2006, establishing the City's intent to reimburse certain Water & Sewer Utility
project costs incurred with future tax-exempt financing. The projects identified with 2008 revenue bonds as a funding source were
included in the project list associated with Resolution 06-53.
Sufficient budget for interim financing or funding with 2008 Water and Sewer Revenue Bond proceeds when issued is
available in project 0376-96752, Water Service Lines in the amount of $500,000.00 and budget and revenue are available in
the Capital Improvement Program project, 0378-96752, Water Service Lines in the amount of $316,940.00 and Capital
Improvement Program project 0315-96752, Water Service Lines in the amount of $151 ,740, to provide the funding needed
for this change order.
Cover Memo
Item # 27
Type:
Current Year Budget?:
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Capital expenditure
None
to
Budget Adjustment:
Annual Operating Cost:
Total Cost:
None
Appropriation Code
0378-96752- 563800- 533-000-
0000
0376-96752- 563800- 533-000-
0000
0315-96752- 563800- 533-000-
0000
Amount
$316,940.00
$500,000.00
$151,740.00
Appropriation Comment
Bid Required?:
Other Bid / Contract:
Review Approval: 1) Clerk
No
Bid Number:
Bid Exceptions:
None
Cover Memo
Item # 27
CHANGE ORDER # 4
PROJECT: 2002 Water Service Line Rehabilitation
CONTRACTOR: Westra Construction Corporation
P.O. Box 1149
Palmetto, Florida 34220
SCOPE OF CHANGE:
Attachment number 1
Page 1 of 2
DATE:
Januarv 29, 2007
PROJECT NUMBER:
99-0078-UT
PO REFERENCE NO.: STl01461 & New PO for 2006
DATE OF CONTRACT: November 01, 2002
CODES FOR PW STl01461:
0343-96752-563800-533-000-0000 (A)
0315-96752-563800-533-000-0000 (B)
CODES FOR NEW PO FOR 2006 ADDITIONS:
0378-96752-563800-533-000-0000 (C)
0376-96752-563800-533-000-0000 (D)
0315-96752-563800-533-000-0000 (E)
THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT
STATEMENT OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
CHANGE ORDER #1 (Approved 06/19/03)
PREVIOUS CONTRACT AMOUNT
CHANGE ORDER #2 (Approved 09/15/05)
PREVIOUS CONTRACT AMOUNT
ADM. CO#3 (Approved 08/11/06)
PREVIOUS CONTRACT AMOUNT
CHANGE ORDER # 4
NEW CONTRACT AMOUNT
Frank Hibbard, Mayor
Carlos Colon,
Assistant City Attorney
ATTEST:
Cynthia E. Goudeau,
City Clerk
Date:
CITY OF CLEARWATER, in
PINELLAS COUNTY, FLORIDA
William B. Horne, II
City Manager
$611,750.00
$687,632.00
$1,299,382.00
$635,417.75
$1,934,799.75
($38,754.00)
$1,896,045.75
$967,725.00
$2,863,770.75
ACCEPTED BY:
Westra Construction Corporation
(Seal)
Michael Beukema, Exec. Vice President
Date:
Witnesses:
Recommended By: City of Clearwater
Gary A. Johnson, CGC
Public Services Director
Michael D. Quillen, P.E.
City Engineer
Item # 27
Page 2 of2
Change Order # 4
2002 Water Service Line Rehabilitation
ITEM DESCRIPTION OUANTITY UNIT UNIT COST
Decreases for Code B 0315-96752-563800-533-000-0000
Balance ofP.O.STl01461 1 L.S. $955.00
Subtotal for Decreases to Code B
Net Total Decreases to Code B (Close P.O. STI01461)
TOTAL COST
($955.00)
($955.00)
($955.00)
Increases for Code 0378-96752-563800-533-000-0000 $316,940, 0376-96752-563800-533-000-0000 $500,000,
0315-96752-563800-533-000-0000 $151,740 (New Purchase Order to be Issued)
1 Mobilization 1 L.S. $110,000.00
2 3/4" xl" Service Assembly TBD Each $390.00
3 1 1/4" x 1 1/2" Service Assembly TBD Each $450.00
4 1 1/2" x 2" Service Assembly TBD Each $505.00
5 1" x 5/8" Curb Stops TBD Each $250.00
6 Meter Box TBD Each $410.00
7 1" HDPE Service Pipe TBD L.F. $7.00
8 1 1/2" HDPE Service Pipe TBD L.F. $7.50
9 2" HDPE Service Pipe TBD L.F. $9.00
10 2" PVC Casing TBD L.F. $12.50
11 3" PVC Casing TBD L.F. $13.00
12 1" x 1" Service Assembly TBD Each $420.00
13 1" Ball Valve with Box TBD Each $350.00
14 2" x 2" Service Assembly TBD Each $550.00
15 2" Ball Valve with Box TBD Each $420.00
16 Curb & Gutter Replacement TBD L.F. $20.00
17 Concrete Driveway Replacement TBD S.Y. $39.00
18 Concrete Sidewalk Replacement TBD S.Y. $29.00
19 Asphalt Patch TBD S.Y. $24.00
20 Material Quantities & Types as Needed from Items 2 thru 19 $761,812.00
21 10% Contingency 1 L.S. $96,868.00
Subtotal Increases to Codes on New Purchase Order?
Net Total Increases to Codes on New Purchase Order?
SUMMARY DECREASES/INCREASES
Net Decrease to Code B
Net Decrease to Code B to Close PO STI01461
Net Increases to Codes ( C ), (D) & (E)
Net Increases to Code For New PO
Net Total Decreases/Increases to Codes for Contract
$110,000.00
Included in Line # 20
Included in Line # 20
Included in Line # 20
Included in Line # 20
Included in Line # 20
Included in Line # 20
Included in Line # 20
Included in Line # 20
Included in Line # 20
Included in Line # 20
Included in Line # 20
Included in Line # 20
Included in Line # 20
Included in Line # 20
Included in Line # 20
Included in Line # 20
Included in Line # 20
Included in Line # 20
$761,812.00
$96,868.00
$968,680.00
$968,680.00
($955.00)
($955.00)
$968,680.00
$968,680.00
$967,725.00
Attachment number 1
Page 2 of 2
Item # 27
Meeting Date:2/15/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the final plat for "FOUR SEASONS GRANDE TOWNHOMES" located at 105 North Evergreen Avenue approximately
300 feet South of Drew Street. (consent)
SUMMARY:
. This is a replat of lots 6-9, block B Fairview Addition, as recorded in plat book 5, page 85, of the public records
of Pinellas County Florida
. The property is within the city limits of Clearwater consisting of 0.96 acres more or less.
. The final plat will create 14 townhome lots.
. The proposed proj ect was approved by Development Review Committee on August 31, 2006 and by the
Community Development Board on November 13,2006.
. The property is zoned as Medium Density Residential (MDR).
Review Approval: 1) Clerk
Cover Memo
Item # 28
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Meeting Date:2/15/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the Interlocal Agreement between the City of Clearwater, Pinellas County and the Pinellas Suncoast Transit Authority
(PSTA) defining roles, responsibilities and funding commitments of the parties, for the purpose of conducting a Joint Use Facility
Feasibility Study to assess the operational and financial feasibility of a joint City/County/PST A facility in downtown Clearwater.
(consent)
SUMMARY:
The consultant study to be funded by the Agreement will take a two-phase approach. In Phase I, the consultant will evaluate the
technical and operational feasibility (i.e. synergies, economies of scale, cost savings/avoidance) of a joint use facility. After
completion of this phase, the three entities shall review the results and make a determination whether to proceed to Phase II, which
will focus on site specific evaluation and analysis. Should two or more parties choose to proceed, Phase II will proceed. The total
project cost is estimated to be $310,000. Phase I is estimated to cost $130,000, with PSTA paying $32,500 and the City and
County each paying $48,750. In Phase II, each of the three parties will pay $60,000. The agreement provides flexibility, however,
to share cost proportionately between the remaining participants, should one party opt out after Phase I. As contracting agency for
the study, the County will enter into an agreement with a consultant to conduct the study, and the City and PSTA will reimburse
the County pursuant to the Interlocal Agreement. Currently there is $100,000 budgeted in Project 315-94620 for City
Hall development. A first quarter budget amendment to this project will increase this budget by $8,750 from General Fund
Reserves (bringing City funding total to $108,750).
This is the same form of agreement approved by the Council on October 19,2006, except for a change in contracting agency
responsibility from the City to the County.
This Agreement was approved by the Board of County Commission on January 30, 2007; PST A will consider the Agreement on
February 28,2007.
Type:
Current Year Budget?:
Operating Expenditure
Yes
Budget Adjustment:
Yes
Budget Adjustment Comments:
First Quarter Budget Amendment of $8,750 from General Fund Reserves to 315-94620.
Current Year Cost:
Not to Exceed:
For Fiscal Year:
$108,750
Annual Operating Cost:
Total Cost:
$108,750
2006 to 2007
Appropriation Code
315-94620
Amount
$108,750
Appropriation Comment
Review Approval: 1) Clerk
Cover Memo
Item # 29
Attachment number 1
Page 1 of 7
Interlocal Agreement
This agreement made and entered into this _ day of 2007, by
and among Pinellas County, a political subdivision of the State of Florida, hereinafter referred to
as the "COUNTY", the City of Clearwater, a municipal corporation of the State of Florida,
hereinafter referred to as the "CITY", and the Pinellas Suncoast Transit Authority, an
independent special district, hereinafter referred to as "PSTA".
WITNESSETH:
WHEREAS, this Agreement is made and entered among the parties pursuant to Section
163.01, Florida Statutes, the "Florida Interlocal Cooperation Act of 1969"; and
WHEREAS, the County and the City are contemplating future needs with regards to
opportunities for new goverumental facility development and/or consolidation; and
WHEREAS, PSTA is seeking an expansion opportunity and replacement of an obsolete
facility to better serve transit system users in the Mid-County area; and
WHEREAS, the County, the City, and PSTA are considering the possibility of a joint-use
facility to include integration of a multi-modal transit facility with the potential benefits of a
shared public investment, economies of scale, and efficiencies of operations and related financial
savings; and
WHEREAS, the County will commission a study to evaluate the technical feasibility of a
joint-use facility, hereinafter referred to as the "STUDY" (inclusive of two separate phases); and
WHEREAS, the transit facility integration evaluation would be a sub-task in the STUDY;
and
WHEREAS, the County will share in specific costs as delineated in paragraphs 2 and 4 of
this Agreement; the City will share in specific costs as delineated in paragraphs 2 and 5 of this
Agreement; and PSTA will share in specific costs as delineated in paragraph 6 of this
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained, it is agreed by and among the parties hereto as follows:
1. PURPOSE
The purpose of this Interlocal Agreement is that the County, the City, and PSTA participate
and fund a study to evaluate the feasibility of a joint-use facility, to include possible
integration of a multi-modal transit facility as a study sub-task.
2. JOINT RESPONSIBILITIES - County and City
The County and the City agree to:
a. Jointly and equally fund costs associated with Phases 1 and 2 of the STUDY, which costs
shall not exceed $108,750.00 for either party.
1 Item # 29
Attachment number 1
Page 2 of 7
b. Specifically, the County and City agree to share in the costs for the following Phase 1
tasks:
1. Evaluation of the operational and technical feasibility of a joint-use facility (not site
specific).
2. Evaluation of the financial feasibility of a joint-use facility (not site specific).
3. Recommendation for the mechanism for ownership (land and building) and the
operations and maintenance of the facility.
4. Historical documentation of other successful interjurisdictional partnerships.
3. JOINT RESPONSIBILITIES - County, City, and PSTA
The County, City and PST A agree to:
a. Specifically, should Phase 2 commencement be approved by all parties, the County, City
and PSTA agree to share in the costs for the following Phase 2 tasks:
1. Development of functional and developmental suitability criteria for joint-use facility.
2. Evaluation of identified sites based on functional and developmental suitability
criteria.
3. Evaluation of physical constructability for sites meeting the functional and
developmental suitability criteria.
4. Quantification of development costs for sites meeting the functional and
developmental suitability criteria.
5. Preparation of a 20-year financial pro forma for construction and operation of the
facility.
6. Preparation of graphic representations, drawings, and concept plans for the proposed
facility.
b. Share all project information.
c. If all three parties give written notice of approval to the other two parties within ninety
(90) days of receipt of the Phase 1 deliverable, commence Phase 2 of the STUDY. If any
one party fails to give such notice, that party's participation in the Agreement would
terminate, as stipulated in paragraph 8a. The remaining two parties will then have the
option to proceed forward with Phase 2. All costs for Phase 2 will be shared
proportionately by the remaining parties. If any two parties fail to give such notice, the
Agreement shall terminate.
4. COUNTY'SRESPONSIBILITIES
The County agrees to:
2
Item # 29
Attachment number 1
Page 3 of 7
a. Contract directly with the consultant for services.
b. Appoint a contract manager to manage the STUDY and provide coordination with the
City and PSTA.
c. Provide all deliverables to the City and PST A.
d. Provide professional review of Phase 1 deliverable.
e. Provide Phase 2 commencement recommendation.
f. Submit detailed invoices to the City and PST A for payment of services, which the City
and PSTA have agreed to share, as defined above.
g. Provide professional review of Phase 2 deliverable (if applicable).
5. CITY'S RESPONSIBILITIES
The City agrees to:
a. Appoint a liaison to interact with County and PST A staff, and the consultant during the
STUDY.
b. Provide the consultant with information.
c. Provide professional review of Phase 1 deliverable.
d. Provide Phase 2 commencement recommendation.
e. Provide professional review of Phase 2 deliverable (if applicable).
f. Promptly pay invoice(s) submitted by the County for services, which the City has agreed
to share, as per Florida Prompt Payment Act.
6. PSTA'S RESPONSIBILITIES
PSTA agrees to:
a. Bear all costs associated with the Phase 1 STUDY sub-task (evaluation of transit facility
integration), which costs shall not exceed $32,500.00
b. Jointly and equally fund costs associated with Phase 2 of the STUDY, which costs shall
not exceed $60,000; provided PST A elects to participate in Phase 2.
c. Appoint a liaison to interact with City and County staff, and the consultant, during the
STUDY.
d. Provide the consultant with information.
3
Item # 29
Attachment number 1
Page 4 of 7
e. Provide professional review of Phase 1 deliverable.
f. Provide Phase 2 commencement recommendation.
g. Provide professional review of Phase 2 deliverable (if applicable).
h. Promptly pay invoice(s) submitted by the County for services, which PSTA has agreed to
share, as per Florida Prompt Payment Act.
7. TERM
The term of this Agreement shall be for a period of one (1) year, commencing on the
Effective Date.
8. TERMINA TION
a. Except as provided in the subparagraphs below, any party hereto may terminate its
participation in this Agreement upon no less than thirty (30) days written notice to the
other parties prior to the effective date of its withdrawal. Said notice shall be delivered
by certified mail, returu receipt requested, or in person with proof of delivery. A
withdrawing party remains responsible for its share of any costs already obligated or
incurred up to the effective date of its withdrawal.
b. In the event funds are not appropriated by any party in any succeeding fiscal year for the
purposes described herein, then this Agreement shall be deemed to terminate at the
expiration of the last fiscal year for which funds were appropriated and expended.
c. This Agreement may be terminated by any party for any breach by another party of the
terms of this Agreement upon twenty-four (24) hours written notice. Said notice shall be
delivered to the other parties by certified mail, return receipt requested, or in person with
proof of delivery. Each party may at its discretion waive any breach by the other parties
in writing, but such waiver shall not constitute a waiver of any future breaches, including
breaches of the same type.
9. INDEMNIFICA TION
The COUNTY, CITY, and PSTA agree to be fully responsible for their own acts of
negligence, or their respective agents' acts of negligence when acting within the scope of
their employment, and agree to be liable for any damages resulting from said negligence
only to the extent permitted by Section 768.28, Florida Statutes. Nothing herein is
intended to make COUNTY responsible for the acts of any consultant hired pursuant to the
terms of this Agreement to perform services hereunder, so long as COUNTY requires said
consultant to indemnify and defend the COUNTY, the CITY, and PSTA for any claim that
may arise in the performance of services under subject agreement. Nothing herein is
intended to nor shall it be construed as a waiver of any immunity from or limitation from
liability that the COUNTY, the CITY and PSTA are entitled to under the doctrine of
sovereign immunity (Section 768.28, Florida Statutes). Nothing herein shall be construed
as consent by the COUNTY, CITY, or PSTA to be sued by third parties in any manner
arising out of this Agreement.
10. OFFICIAL NOTICE
4
Item # 29
Attachment number 1
Page 5 of 7
All notices required by law and by this Agreement to be given by one (1) party to the others
shall be in writing and shall be sent to the following respective addresses:
COUNTY:
CITY:
PSTA:
Pinellas County Facility Management Department
Attn: Andrew W. Pupke, Division Manager
201 Rogers Street
Clearwater, FL 33756
Telephone: (727) 464-3237
City of Clearwater
Rod Irwin, Asst. City Mgr. for Econ. Development
P.O. Box 4748
Clearwater, FL 33758-4748
Telephone: (727) 562-4040
Pinellas Suncoast Transit Authority
Attn: Roger Sweeney
3201 Scherer Drive
St. Petersburg, FL 33716
11. OWNERSHIP OF PROJECT
Upon completion of the STUDY, the City, County and PSTA will share equally in the
ownership of the final report.
12. AUDIT REQUIREMENTS
a. All parties' records shall be open to inspection and subject to examination, audit, and/or
reproduction during normal working hours by another parties' agents or authorized
representative to the extent necessary to adequately permit evaluation and verification of
any invoices, payments or claims submitted pursuant to the execution of this Agreement.
These records shall include, but not be limited to, accounting records, written policies and
procedures, subcontractor files (including proposals of successful and unsuccessful
bidders), original estimates, estimating worksheets, correspondence, change order files
(including documentation covering negotiated settlements), and any other supporting
evidence necessary to substantiate charges related to this Agreement. They shall also
include, but not be limited to, those records necessary to evaluate and verify direct and
indirect costs, including overhead allocations as they may apply to costs associated with
this Agreement.
b. For the purpose of such audits, inspections, examinations and evaluations, the parties'
agent or authorized representative shall have access to said records from the effective
date of the Agreement, for the duration of work, and until three (3) years after the date of
final payment by the parties pursuant to this Agreement.
c. The parties' agent or authorized representative shall have access to all facilities and all
necessary records in order to conduct audits in compliance with this Section. The parties'
agent or authorized representative shall give the other party reasonable advance notice of
intended inspections, examinations, and/or audits.
5
Item # 29
Attachment number 1
Page 6 of 7
13. ASSIGNMENTS
a. Neither the County, City nor PST A shall assign the responsibility of this Agreement to
another party without prior written approval of the other party.
b. No such approval of any assignment shall be deemed in any event or in any manner to
provide for the incurrence of any obligation by the County, City or PST A in addition to
the reimbursement obligation stated in this Agreement. All such assignments shall be
subject to the conditions of this Agreement.
14. AMENDMENTS
No amendments to this Agreement may be made without prior written approval of the
parties.
15. GOVERNING LAW
The laws of the State of Florida shall goveru this Agreement.
16. SEVERABILITY
The terms and conditions of the Agreement shall be deemed to be severable. Consequently,
if any clause, term, or condition hereof shall be held to be illegal or void, such determination
shall not affect the validity or legality of the remaining terms and conditions, and
notwithstanding any such determination, this Agreement shall continue in full force and
effect, unless the particular clause, term, or condition held to be illegal or void renders the
balance of the Agreement impossible to perform.
17. ENTIRE AGREEMENT
This document embodies the whole agreement of the parties. There are no promises, terms,
conditions, or allegations other than those contained herein and this document shall
supersede all previous communications, representations, and/or agreement, whether written
or verbal, between the parties hereto. This Agreement may be modified only in writing
executed by all parties.
18. EFFECTIVE DATE
This Agreement shall be effective upon execution by both parties and upon filing of the
Agreement with the Pinellas County Clerk of the Circuit Court.
THIS SPACE INTENTIONALLY LEFT BLANK
6
Item # 29
Attachment number 1
Page 7 of 7
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on
the day and year first written above.
ATTEST:
Ken Burke
Clerk of Circuit Court
PINELLAS COUNTY, FLORIDA
By and through its Board of County Commissioners
By:
Print Name:
Print Title:
BY:
Print Name:
Print Title:
(SEAL)
ATTEST:
City Clerk
CITY OF CLEARWATER, FLORIDA
By and through its City Commission
By:
Print Name:
Print Title:
BY:
Print Name:
Print Title:
(SEAL)
ATTEST:
Pinellas Suncoast Transit Authority
By and through its Board of Directors
By:
Print Name:
Print Title:
BY:
Print Name:
Print Title:
(SEAL)
APPROVED AS TO FORM
OFFICE OF THE COUNTY ATTORNEY
By:
Title: Asst. County Attoruey
Andrew/lnterlocal Ab'Teement for Feasibility Study rev I 001-25-07 .doc
7
Item # 29
Meeting Date:2/15/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Authorize execution of a Natural Gas Utility Easement with Tampa Pub, LTD. for a 10 foot wide utility easement located on the
Connerton Retail Center property located on the Southeast comer of US 41 and Pleasant Plains Parkway in Pasco County for the
sum of $1.00. (consent)
SUMMARY:
Clearwater Gas System (CGS) currently maintains a Natural Gas main to serve the Connerton Community, which includes the
Connerton Retail Center that serves the Connerton Community.
Clearwater Gas currently maintains a 2 inch Natural Gas main within the 10 foot wide utility easement serving the retail businesses
within Connerton Retail Center, which includes a Publix and a number of smaller retail businesses and restaurants served by CGS.
The owner of the Connerton Retail Center, Tampa Pub, L TD, has requested that this Utility Easement be executed to formally
document Clearwater Gas System's utilization of the Easement to serve the Connerton Retail Center.
Type:
Current Year Budget?:
Other
Yes
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
Cover Memo
Item # 30
Attachment number 1
NATIONAL DE'ntlii'ER
OF THE YEAR
tD~nai9P
~~=~:.-..
5STILE5
DEVELOPMENT Co.
300 S.E. 2nd Street
Ft. Lauderdale, FL 33301
954.627.9160
954.627.9288 Fax
stiles.com
Inro~;;:; t
January 2, 2007
Mr. Bruce Griffin
Clearwater Gas System
400 N. Myrtle Ave.
Clearwater, FL 33755
RE: Tampa Pub Utility Easement Agreement
Dear Bruce:
Please find enclosed the original executed Non-Exclusive Utility Easement Agreement
for Tampa Pub. Please sign where indicated and return a copy to me for our files at your
earliest convenience.
Should you have any questions or require additional information, please contact me at
954-627 -9169.
Sincerely,
STILES DEVELOPMENT CO.
l//l~~c~cL:~
D ~
0/ J. Scott Mactaren
Development Manager
JSM/esh
A Division of Stiles CGt~Jl(jifi~fPi1A1M1PSejopR!let'Reulr~tem!j~~ffWR:t;t@0~~~Qm # 30
Fort Lauderdale, FL . Fort Myers. FL . Nashville, TN
Attachment number 1
Page 2 of 10
Prepared by and Return to:
Jonathan S. Gelman, Esq.
Greenberg Traurig, P.A.
401 East Las Olas Boulevard
Suite 2000
Fort Lauderdale, Florida 33301
NON-EXCLUSIVE
UTILITY EASEMENT AGREEMENT
THIS NON-EXCLUSIVE UTILITY EASEMENT AGREEMENT (this
"Agreement") is granted the _ day of December, 2006, by TAMPA PUB, LTD., a Florida
limited partnership, whose address is c/o Stiles Corporation, 300 East 2nd Street, Fort Lauderdale,
Florida 33301 ("Grantor"), to CITY OF CLEARWATER, a municipal corporation ofthe State
of Florida, whose address is 400 North Myrtle Avenue, Clearwater, Florida, 33755 ("Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and the heirs, legal representatives and assigns of individuals, and the
successors and assigns of corporations)
WI T NE~~E TH:
WHEREAS, Grantor is the owner of property situate, lying and being in Pasco County,
Florida (the "Easement Property"), and described as follows:
See attached Exhibit "A" - 10 Foot-wide Utility Easement; and,
WHEREAS, the Grantee desires a non-exclusive easement for the installation of
[underground electric and telecommunication lines and associated facilities, the repair,
maintenance and replacement of public utilities and/or other appropriate purposes incidental
thereto], on, over and across the Easement Property; and,
\VHEREAS, the Grantor is willing to grant such an easement.
NOW, THEREFORE, for and in consideration of the mutual covenants each to the
other running and one dollar ($1.00) and other good and valuable considerations, the receipt of
which is hereby acknowledged, the parties hereto, intending to be legally bound, do hereby agree
as follows:
1. Recitations. The recitations set forth above are true and correct and are
incorporated herein by this reference.
2. Grant of Easement. Grantor does hereby grant unto the Grantee, for the benefit
of the Grantee, a perpetual, nonexclusive easement as follows:
a. over and under the Easement Property for the underground installation of
[underground electric and telecommunication lines and equipment and associated
Item # 30
FTL 106681935v3 009904.079800
Attachment number 1
Page 3 of 10
facilities (collectively, the "Utilities"), repair, maintenance and replacement of the
Utilities]; and
b. over and across the Easement Property for ingress and egress as needed
for the purposes described in subparagraph (a) above.
3. Use of Easement Area. In the event of installation, repair, maintenance or
replacement of the Utilities under the Easement Property, or ingress or egress across the
Easement Property, the Grantee and/or the utility provider responsible for said
installation, repair, maintenance or replacement, or ingress or egress, shall promptly
restore the Easement Property to the condition which existed prior to said use of the
Easement Property. Said restoration shall include, but not be limited to, any necessary
restoration of any landscape areas. The Easement Property may be used by utility
providers other than, and in addition to, Grantee. Grantor reserves all rights of ownership
in and to the Easement Property, including without limitation, the right to use the
Easement Property for all uses not interfering or wholly inconsistent with the uses
permitted herein.
4. Relocation. Notwithstanding any provision contained herein to the contrary,
Grantor shall have the absolute right, at Grantor's cost, to relocate the Utilities to such
other location on the property owned by Grantor, so long as such relocated Utilities
continue to provide reasonably equivalent function and provided that Grantor, at
Grantor's sole cost and with the cooperation of Grantee, shall first obtain any
governmental permits and approvals necessary to so relocate the Utilities. Upon
relocation of the Utilities, the easement with respect to same as granted hereunder shall
thereby be deemed to be automatically relocated.
5. Indemnitv. To the extent permitted by Florida Statute 768.28, Grantee agrees to
indemnify and hold Grantor harmless against any damages to persons or property arising
out of or in connection with the use by Grantee and its licensees, agents independent
contractors, successors and assigns of the easement described herein. For purposes of this
paragraph 5, the term "damages" shall include all costs and expenses, including attorney's
fees and costs, incurred by a party in connection with an indemnified claim. Nothing
herein shall be construed as a consent by the City to be sued by third parties, or as a
waiver or modification of the provisions of Section 768.28 , Florida Statutes or the
Doctrine of Sovereign Immunity.
6. Release or Modification. The rights granted to the Grantee may be released or
modified by a written, recordable release executed by the Grantee.
7. Hindin!:! Effect. The provisions of this Agreement shall be binding on the parties
hereto and their respective successors and assigns as a covenant running with and binding
upon the Property.
[See Following Pages For Signatures]
2
Item # 30
FTL 106705257v1 1/19/2007 999902/775383
Attachment number 1
Page 4 of 10
IN \VITNESS WHEREOF, the Grantor has caused these presents to be duly executed
the day and year first above written.
'IVITNESSES
GRANTOR:
('1,,'j;#o/ /
~~ ,
B v: i /t. / .
print N~me! F; &;, 5. -fJ-~
/
./
TAMP A PUB, L 1;'
partnersh'
, . J i . /,y _' _<:::::::.L.
By: I ('J 1?:.?(]/tL- L~"':':'7/7~
Print Name: ;:'CtI/~.c;c_ O,-e/nD'7Y.,\
By:
Name: Dennis F. O'Shea
Title: Vice President
STATE OF FLpRIDA
II r :sS.:
COUNTY ~~V'/" :;'
A~
The foregoing instrument was acknowledged before me thWf_ day of December, 2006
by Dennis F. O'Shea, as Vice President of TAMPA PUB, LTD., a Florida limited partnership,
who executed the foregoing instrument on behalf of said entity~the purposes therein
expressed. He/She personally appeared before me and is either. personally known to me or ( )
has produced - as identi lcation.
[NOTARY SEAL]
Notary;.
Print me: lleen S. tiduston
N~y Pu?li~, State .of Florida
My comnlISSlOn expIres:
#' "II.. Notary Ie tale of Florida
tJ ~ Eileen S Houston
~ ~. My Commission 00600460
""o'f'>O~ Ex ires 11/29/2010
FTL 1 06681935v3 009904.079800
"
.)
Item # 30
Attachment number 1
Page 5 of 10
GRANTEE:
Cou ntersigned:
CITY OF CLEARWATER, FLORIDA
Frank V. Hibbard
Mayor
By:
William B. Horne II
City Manager
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Laura Lipowski
Assistant City Attorney
STATE OF FLORIDA
)
:ss.:
)
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
, 2007 by , as of
, a entity for the purposes therein expressed. He/She
personally appeared before me and is either () personally known to me or ( ) has
produced as identification.
[NOTARY SEAL]
Notary:
Print Name:
Notary Public, State of Florida
My commission expires:
Item # 30
Attachment number 1
Page 6 of 10
CONSENT
In consideration of the sum of Ten and 00/100 Do1\ars ($10.00) and other good and valllil.ble
consideration, the receipt and sufficiency of which is hereby acknowledged, Wells Fargo Bank,
National Association (the "Mortgagee"), the owner and holder of that certain Mortgage, Security
Ab'Teement and Fixture Filing dated December 16, 2005, and recorded in Official Records Book 6757,
Page 894, as modified by that certain Mortgage Modification and Future Advance Agreement
executed July 7, 2006 and recorded on July 11,2006 in Official Records Book 7079, Page 1679,
both of the Public Records of Pasco County, Florida (as modified, the "Mortgage"), hereby consents
to that certain Non-Exclusive Utility Easement to which this Consent is attached (the "Easement"). The
lien and encumbrance of the Mortgage (and any other documents executed incident thereto) shall be and
are hereby made subject and subordinate to the Easement, and nothing contained in the Mortgage shall
affect, alter or modify in any manner whatsoever the terms and conditions of the Easement but, in all
other respects, the Mortgage shall remain unmodified and in fu1\ force and effect. This Consent shall be
binding on Mortgagee and its successors and assigns with respect to the Mortgage.
-,7
Executed as of this -=- day of December, 2006.
Signed, Sealed and Delivered in the
presence of these witnesses:
MORTGAGEE:
Witness:
Pnnt Name:
/j
IiAP-- k'~/i'
. ,.-) I ,., ( __
L.-.-.\ i'v k l ~Cf
WELLS FARGO BANK, National
Associatio~, ~
/ / p';:;:-::'
By: /./ ~/
Na~~ "--wv/t? S dl"'sfyfr?-i:
Title: /'e /...;....H:r"/?' /'/4 ~ ,M"
Witness: ~. /~ ,,;~Av~:
Print Name: /:':''''''v:., C i:-.....}{.., ~U
STATEOF (\(;'\\().(,^,
COUNTY OF'::VUv]'Y eX
)
ss.:
)
/", ',r The foregoing instrumen~ was acknowledged before me thisd.l day of December, 2006 by
i.Jfllu.:: J;O'Yi1r'2. , as 1~pICt+:C)1'>JlA.() j~1(u\o'\.;'r of WELLS FARGO BANK, National
i\ssociation, who executed the foregoing instrument on ""behalf of said entity for the purposes therein
expressed. He/She personally appeared before me and is either 10 personally known to me or ( ) has
produced as identificatioh.
[NOTARY SEAL]
Notary:\fn k'\
Print Namc: N\IOHIlt\_f-6..frTlO("C!
Notary Public, State of Florida ...)
My commission expires: l(" \:) \0
NOTARY PUBLIC.STATE OF FLORIDA
<Q"~ Michelle Santiago
~ ~ ~Commission #DDS60176
""",,,..,,,., Expires: JUN'E 05,2010
BO\DED THRU A1L^u\llC BO?-;Dl?-;G CO" L'iC.
FTL 106681935v3 009904.079800
Item # 30
FTL 106705257v1 1/19/20079999021775383
Attachment number 1
Page 7 of 10
EXHIBIT" A"
Utility Easement
Item # 30
EXHIBIT A, UTILITY EASEMENT
Attachment number 1
Page 8 of 10
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n;ENCEN,i1'54'IS~, l:2,OOFEf.TTO A POINTONAClIRVE, THe<<::EARC Of' A CURVE TO THE
RJGHT HAVING' A fW.)ItIS or ZS.OOFEf.T ANO A CEKrRAL ANGLE 0 (Ct-l~~ N.26'S3'S JS~35 FEET) TO '" POINT
OF. TANGE:NCY;THENCE H.n'l;i3'2."'''e:.., ZOO;S2FEEl'TOTtiE' POINT G;
THENCE, aEfiR1NS NOm1i 7"-53'2';''' E'.A$T. A DlSTA."ICE OF 329.32 TQ..A POINT;
THENCe. e;;:,4,RfNG SOtl11-l lZ" v.sr. A otSrANCE Of' fS.99 iO.APOlNT;
THEtilC'r, a5'Ai-iING SOUTH .. OA*WEST' A.Of$TANCEOF 26;36 FE!;.I TO A POINT;
TH~JCE... ~1N~t SOUtH 1S<S7'SS"!!ASf, A DlSTANCE OF 154,OSFEET TO A. POINT;
SAID POINT BEING THEae:~NNlNO {)j". A CUFi\lECOtfCAVE WESTERLY, AND IiAVlNQ ^ RADllJS .OF 217.{o)7 FEET,RADIUS BEARS I\T SAID
POINT NORTH 71'5J'S2'" fAST. THENCE A OISTANct;: OF 117.19. FEET. ..Al..ONG..1liE ARc oF SAlD CUlM' THROtJOH A CEN1'RAL ANGLE OF 30
-:)\);50'" TO A POINT, RADIUS. StARS AT S/iID POlN1'SOUTH 4-1'03'02".WESl';
THE."lCE. !lEARING NORTH :SO-23' 47" EAST, ^ Dlst'~Of 12.11 FEET . TOA POINt;
THENCE, IT''cAR1NG SCL'1H 50"4.0.37'" €AST, AOISTANCE.OF 15~02<FEErl'O"'filJlN1';
THENC!;:, eE'JRlNO SOUT..... 36"23.47'" WEST, AOIST~EOFtV.5FEErTOAPQlNT;
TH~NCE. BEJl,R/NG SOUTH 58"-l-5''!]'" EAST. A 3a.S3fEETTOAfiOlHl';
TlilrNCE. 8E:AAINC SOUTH 18"06'.35* E'AST, A .~ll1FE.tTTOA POINT;
THENCE. 8E1,.~G soum 18"00'05'" WESi, A OISrANCE OF 147~1fLFEU TQA, POINT;
THENCE. S"'J.RlNC SOUTI-! 90"00'00" E'AS1", A D!STANCE Of 18.14 FEEt TO APOINI';
THeNCE. ~ SCltmi OO1XJ"OO" WEST, A OJSrANCt OF 15 FEET' iO. A POINT;
THENCE. SEAAlNC ~TH 90"00'00'" WEsT, A DISTANCE: OF' 22.88 FEEf TO A flOlNT;
THENCE:, IDP.!HG SO\JiH 04"1 a ,W WEST, A OISfANC.E Or 124JJ+ FEET' TO,., POINT;
THENCE, 8EAAIHG SOU1'H 52"19"0'" Vim. A DISTANCE OF SS1fEET'TO A POfNl':
THENCE. ~ SOUTH ZTSO'28'" EAST, A DISTANCE or 16.0' FEET TO APOINT:
TIiENCE. ~ SO\Jili SZ09'32* WEST", A DIStANCE OF' 15 fttr TO A POINT;
TIiENCt, ~....AAAfG !am.; ~.28'" WESr, A OJSrANCE OF , EI.05 PEEr 1'0 A POl/'ff;
THENCE. SEARING SOO1'H 52"19"0* WEST, A OlSiANCrOF 125.27FEErTOAPOIJIIl';
THENCE. fF...A.~ SO'JTH ~'O'OS" fAST, A Dlsr"J\lGE OF 24,98 ft:l:.ITOAPOINT;
THENCE. BENllHG SO\Jili 52"18'38" WES'i. ^ DlST'ANCEOF 2....19 FEETro A POINT;
THENCE:. WRING NORiH 30"10'06'" WEST, ^ OISTAN(;E. OF' 2~.98FEErro A POINT;
r:>JENCE. 9EAA!NG SCOTn f;2'i9'W WESr, A Dtsr.4J,lCEOF 29.6 FEET TO A POINT;
THENCE. BEAAD<<:; HClR1H Z/40'5Q'" WEST. A DIST~Qf 19;6FEEfTOA POINT:
THENC!;:, ~ f'fOOiH 62'1\1'1Q" EAST, A OlSTANCE:OF 23109BFEET' TO A POINT;
THENCE. BEARIHG NORTH 100036. WEST. A Dtsr;\NCE'OF 22.69 FEET TO A POINT;
THENCE, BfJ.Rll'lG SOUTH MJe'50" EAST. A DISTANcE: OF 2t.91 FEET TO A POINT;
THmcE, BE:.&RI~ ~ ~16'41. CAST, ,. DISTANCE OF 10L1ZFffiTP A POINT:
THENCE, 8eARlNC NOR1H 55"48'35* WEST, A D OF' 7.48 FEEr TO A POINT;
THENCE. BE.~ SOIJTH ~'32'" WEST, AD. OF 54,35 FEET TO.. A POINT;
TH~CE. 8rARl.'<<; NORT"rf 18"06.3ir WEST. A OIST~CE OF' 3UiFEETTO A POINT;
Tf-tENCE:. aE.~ NORTH 71.53'24" EAST, A DlSTAl\jCE OF 18,17 F"t:.ET TI:l A POINT;
THENCE. OCARlNO SOUTIi 18"05..Y.i" EAST, A OF 15.rHlFEET TO A POINT;
THENCE, awaNG NOR'iH st"38'32'" EAST, A Cl OF 3l.5f'EE'r TO'" PQlNT;
jHENCE, 9fNllNG NOIrrri CK'28'32'" WEST, A Of' 72;03 fEEr 1'0 A POINT;
'!'HENCE. BEARlHG sotm! 71"53"24" WET, A . OF 19,38.FEET TO A PaINT:
THENCe. BfAiaNC NOffi'H 18'06'36" WEST, A OlSTANCEOF 14-.36 fEEj TO A POINT;
i'HENCE. ~iS ~ 71'53'24" FAST, A OlST~CE OF 5z.1SFEEJ TO A POINT;
m:r,'CE'. ~JNC SO'..'TH 7~.~'03"' tAST. A DISTANCE: OF 2....94 fEET TO A POINT;
irlENCE. 8EAAItiC r~ 1<1"oo'C5" EAST, A. OISl'MjCl:: or: :57.01 FEET TO A POINT;
m~iCE. SEt\"llNG HOP.TH ~8"OS'36* WEsT, A DlSiMlCE OF' 217.75 FEEr TO A POINT:
THENCE: ~ ~ 5a".;5'37- WFST. A DISTANCE: OF' 38,7-+ FEtT ro. A POINT;
T'rlENCE:. BEAAtNC SOUTH 48"59'34" WEST, A DISTANCE OF' 45.69 FEET ro A F'oINT;
THENCE, 8f.ol,RING SOU'r~ 71'53'24'" WEST. A DJSrAlilbE OF 84.3 "'!:.tel TO Po POINT;
Th'ENe!':. e~At)l.'>C NC.";:li 1!r06'3!i" WEST. A OlSTANCE OF 10 FEST TO A PoINT;
ri-lENCE:. 8B-RlhC NOimi 7,.5.3'24- E"AST, #.. OtSTANCE OF' 82.2.a FEETro It ""OINT;
f'riENCE, 3~ NORTH ~'3.;.- EAST, A DISTANCE Of 4-1..26FEEi TO. "'POINT;
SAID POINT '3E.1NG THE: BEGlNN""'G OF A C'oJR'VE CONCAVE NORTHEa!..Y, ANO.HAVlNO A RAOIUS OF 251.17 FF'ET. RADIUS SE'ARS AT :WO
?OINT rJORTH i.Z'1(}'SS'" 9.:5', THENCE A DISTANCE or lZ;'l;()F(FgETAl..ONGTHE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28
'1,':W TO A pmrr, Rf.C:US SEARS AT SAID POlNTSOUi'H 10'22'24" WEST;
THENCE. BEAAiHG NOR;:"" , 9"37'36'" WEST, A DtsrANCE OF 185.2 FEEr TOA POINT;
THENce. ae-AR,~ SOVT':-! 7;'52.~ WEST, A OtsrANCE OF 307.57 FEET 10 JVPOINr;
"'tENCE. SEA."1!:-;;:; ~.:rr... ~oT-T'Z3. WF:Si. A OlSTANCE OF 12.13 FEE:T TO THE POINT OF BEGlNNtNG.
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:.~~~:~ .3.554-~.i7
A.~: 27,572 .". ft. 0.&4 acres, MORE OR LESS.
YlIN
CONSULTING. INC.
5450 Spectacular me! Dr.
lf~sley Chapel. 1!'L 33544:
Tel 813-603-3228
Fax 81.3-973-7127
SHEET 1 OF 3
Item # 30
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PLEASANT PLAINS PARKWAY
Attachment number 1
Page 9 of 10
EXHIBIT A
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CONSULTING! INC.
5450 Spec"l.Acular Bid Dr.
Wesley ChapEl. F'L :r.3544
Tel 813-503-3228
Fax 813-..73-7127
SHEET :2 OF 3
Item # 30
Attachment number 1
Page 10 of 10
EXHIBIT A
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BEARING
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N58'4S'37"W
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N521 g', O.E
N27"sQ'2B'"W
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, L26 22.69 51S"Q5'3o",::j
i l27 21.91 NB6-:3S.50-W l
! L28 101.12 50416'4,"...1
; L29 7A-8 S8S"48"35"E I
L30 54.38 N54.38'32"E
; wil 31.60 S18'06'35"E
i L321 18.17 S71"5S24-vt
i L3J 15,49 NlIroG'36"W
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L47r 41.261 S48"5S'34.W!
'A81 185.201 S19'3]'35"Ej
LA91 .307.571 N71"'52'}.)-:-1
~50l 12.131 51814"23"':;: I
5!t:FN
CONSULTING, INC.
5450 Spe-cti\et1!Ar Bid nr.
'lfes.l.ey Chap~l. FL 331544-
Tel 813-503-8226
Fax 813-973-7127
SHEET 3 Of 3
Item # 30
Meeting Date:2/15/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the Work Order to PARSONS for preliminary design engineering services for the NEAPCF Secondary Digester
Refurbishment, in the amount of $120,792 and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The purpose of this project is to improve the bio-solids treatment processes at the Northeast Advanced Pollution
Control Facility (NEAPCF), to enhance and improve disposal options and operational flexibility, to evaluate biosolids
reuse and energy recovery, to provide engineering services in support of digester cleaning, and to reduce operating
costs as feasible at the facility.
This project will provide the preliminary design for refurbishment of the 65-foot diameter secondary sludge
digester and associated equipment at the NEAPCF.
PARSONS is an Engineer of Record.
The design phase will be completed in 295 days from the notice to proceed.
This project is consistent with the City Of Clearwater's WPC Master Plan.
Resolution 06-53 was passed on October 15, 2006, establishing the City's intent to reimburse certain Water &
Sewer Utility project costs incurred with future tax exempt financing. The projects identified with 2008 revenue bonds
as a funding source were included in the project list associated with Resolution 06-53.
Sufficient budget for interim financing or funding with 2008 Water and Sewer Revenue Bond proceeds when
issued is available in project 0376-96611, Bio-Solids Treatment, in the amount of $116,967.07 and budget and
revenue are available in the amount of $3,824.93 in the 06 Water & Sewer Revenue Bond project, 0378-96611, Bio-
Solids Treatment to provide the funding needed for this work order.
Type:
Current Year Budget?:
Capital expenditure
None
Budget Adjustment:
None
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Annual Operating Cost:
Total Cost:
$120,792.00
to
Appropriation Code Amount
0378-96611-561300-535-000- $3,824.93
0000
0376-96611-561300-535-000- $116,967.07
0000
Appropriation Comment
Cover Memo
Item # 31
Review Approval: 1) Clerk
Cover Memo
Item # 31
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Attachment number 1
Page 1 of 8
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Item # 31
.
.
Meeting Date:2/15/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the final plat for "PALM BLUFF PRESERVES ONE" located at 300 Palm Bluff Street at the Northwest comer of
Osceola Avenue and Palm Bluff Street. (consent)
SUMMARY:
. This plat was recorded as Palm Bluff Preserve and is being replatted to modify some property lines and drainage easements.
. The number of lots will remain at 8 single-family lots with a private street.
. The property is within the city limits of Clearwater and consists of approximately 1.6 acres.
. Theproposed project was approved by DRC May 16,2005
. The property is zoned as LMDR (Low Medium Density Residential)
Review Approval: 1) Clerk
Cover Memo
Item # 32
PROJECT
SITE
Attachment number 1
Page 1 of 1
B
MARSHALL
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NICHOLSON ST
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City of Clearwater
Public Works Administration / Engineering
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Pal m 81 uff Preserve - One
Drawn By: S.K. Reviewed By: T.M. Scale: N.T.S
Grid # 2688 S - T - R 9-295-15e Date: It@JtfOftI~
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Meeting Date:2/15/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Authorize the City Attorney's Office to institute a civil action against Clausen Brothers Corporation, to recover $28,315.00 for
damage to City property. (consent)
SUMMARY:
On May 26, 2005, a City of Clearwater Forestry Division employee was trimming tree branches, using an aerial truck with a boom
arm and bucket, in the vicinity of 819 Island Way in Clearwater, Florida. The City vehicle was struck by a commercial box truck
owned and operated by Clausen Brothers Moving. In the course of the collision the moving truck struck the boom arm causing
extensive damage to the vehicle.
The impact caused damage to the pole in the amount of $27,575.00.
Rental costs of $740.00 were incurred for the use of another aerial vehicle while City vehicle was being repaired.
Attempts to collect the amount of damages from Clausen Brothers Corporation have been unsuccessful.
The City Attorney's Office requests authority to bring a legal action against Clausen Brothers Corporation to recover the money
owed to the City for the aforesaid property damage.
Type:
Current Year Budget?:
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Operating Expenditure
Yes
Budget Adjustment:
No
$350.00
$350.00
10/01106 to 09/30/07
Annual Operating Cost:
Total Cost:
$350.00
Appropriation Code
590-07000-545900-519-000
Review Approval: 1) Clerk
Amount
$350.00
Appropriation Comment
Cover Memo
Item # 33
Meeting Date:2/15/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a contract to Grosz & Stamper Construction Company, Inc. Bid #06-0046-PR, of Tampa, Florida for $177,604.90, for the
construction of a restroom building at the Sunshine Limitless Playground at the Long Center and approve a change order deduct in
the amount of $32,012.95, for a net contract amount of $145,591.95 and authorize the appropriate officials to execute same;
approve the transfer of $25,000 from CIP 3246 Long Center Pool Project; and approve accepting grant of $10,000 from the Long
Center Foundation for the construction of the restroom.
SUMMARY:
In August, 2006 the City reopened and dedicated the new Sunshine Limitless Playground at the Long Center in place of the
wooden Leathers playground that had served the residents for the past 20 years. The $400,000 playground was a partnership
between the State, Long Center Foundation, Jr. League Pinellas County, and "Make A Difference Fishing Tournament".
The playground has been an overwhelming success with well over 300 to 500 persons per day visiting the playground.
When the Playground was constructed space was provided for a future restroom facility. Currently, the closest restroom is in the
courtyard of the Long Center, which is over 1200 feet from the playground making it very inconvenient for parents with small
children.
In FY 2005/06 the City Council accepted a $50,000 Recreational Grant from Pinellas County for the construction of the restroom.
Since that time, the Long Center Foundation has provided an additional $10,000 for the restroom construction.
This contract is for the labor and materials to construct a concrete block restroom building of approximately 650 sf., site work,
civil work including installation of a new fire hydrant, water and sanitary lines and concrete flatwork. City staff will provide
additional labor and materials to complete the landscaping, site amenities and fencing for the project.
The total base bid of $177 ,604.90 includes a 10% contingency. Staff is recommending that $32,012.95 of alternate deducts and a
reduction in the contingency to 5% be valued engineered out of the contract. The items valued engineered out of the contract
include the elimination of an upper roof section, deletion of decorative aluminum corbels, substitution of an asphalt single roof for
a metal decorative roof and elimination of a performance bond. None of these will have an adverse impact on the function of the
project.
Work will commence upon award and execution of the contract and will be completed within six months or by the middle of
August, 2007.
Staff is recommending that $25,000 be transferred from CIP 315-93246 Long Center Pool Project at first quarter to provide
sufficient funds for this project. These funds were made available when the Long Center Pool Project actual costs came in less
than budgeted originally.
Type:
Current Year Budget?:
Capital expenditure
Yes
Budget Adjustment:
Yes
Cover Memo
Budget Adjustment Comments:
First quarter budget amendment of $35,000.00
Item # 34
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Appropriation Code
315-93214
315-93246
315-93214
Bid Required?:
Other Bid / Contract:
Review Approval: 1) Clerk
$145,591.95
$145,591.95
2006 to 2007
Amount
$110,591.95
$25,000.00
$10,000.00
Yes
Annual Operating Cost:
Total Cost:
$6,000.00
$145,591.95
Appropriation Comment
Balance of funds currently in project.
Amount needed to complete project.
Grant from Long Center Foundation.
Bid Number:
Bid Exceptions:
06-0046-PR
None
Cover Memo
Item # 34
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Meeting Date:2/15/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a Beach Walk Temporary parking Patel Property Lease Agreement between K and P Clearwater Estate, L.L.c. and the
City of Clearwater and authorize the appropriate officials to execute same.
SUMMARY:
In order to mitigate the loss of parking in the S. Gulfview parking lot due to commencement of Beach Walk Phase Two
construction the City desires to temporarily lease portions of the premises located at 100 Coronado Drive, Clearwater Beach,
Florida, for the purpose of temporary public vehicle parking.
The term of this lease shall be month to month commencing on February 19, 2007, and continuing until thirty (30) days after
notice of termination of the lease agreement is given by either party.
A minimum of 67 parking spaces will be available with the possibility of more being added dependent on field conditions.
The City agrees to pay the sum of $120.00 per parking space monthly due on the 1 st of each month beginning March 1,
2007.
. Anticipated revenue is $190 per space per month.
First quarter amendments will establish for March through September the revenue budget for the temporary lot at $90,000
(0435-00000-344562), increase other contractual services (0435-01333-530300) for operating the temporary lot by Standard
Parking by $32,000, increase rental costs (0435-01333-544100) by $56,000 for payments to K and P with an offsetting reduction
in other contractual services (0435-01333-530300) for the closing of the north beach attended lot by $26,000. The anticipated
reduction in revenue for closing the north beach lot was included in the original approved budget for FY07.
Review Approval: 1) Clerk
Cover Memo
Item # 35
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Attachment number 2
Page 1 of 5
BEACH WALK TEMPORARY PARKING PATEL PROPERTY LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into this day of
, 2007, by and between K and P Clearwater Estate, LLC, 100 Coronado
Drive, Clearwater Beach, Florida 33767, herein called the "Lessor", and The City of Clearwater,
a Florida Municipality, 112 South Osceola Avenue, Clearwater, Florida, 33756, herein called the
"Lessee" .
WIT N E SSE T H:
WHEREAS, the Lessor has ownership of and control over the use of that structure and
premises located at 100 Coronado Drive, Clearwater Beach, Florida 33767; and
WHEREAS, Lessor desires to lease portions of such premises; and
WHEREAS, Lessee desires to use such premises for public purposes;
NOW, THEREFORE, in consideration of the Premises and the mutual covenants
contained in this Agreement, the Lessor and Lessee hereby agree as follows:
1. TITLE The Title of this lease is the Beach Walk Temporary Parking Patel Property
Lease Agreement.
2. TERM The term of this lease shall be month to month commencing on February 19,
2007, (the Commencement Date) and continuing until thirty (30) days after written notice of
termination of the lease agreement is given by either party, (the Termination Date), unless
earlier terminated under the terms of this agreement.
3. RENT. Lessee agrees to pay the sum of $120 per parking space monthly due on the
1 st of each month beginning March 1, 2007. Simultaneously with the execution and
delivery of this lease, the Lessee shall pay the first month's rent. Lessee agrees to lease a
minimum of 67 parking spaces the first month and an additional 36 parking spaces
beginning on April 1 , 2007 on the same terms and conditions.
3.a LATE FEE In the event the rent is not postmarked or received by the 5th day of each
month, a late charge of $25/day shall be due.
3.b SECURITY DEPOSIT Lessee agrees to pay a security deposit of $8000.00 to secure
Lessee's pledge of full compliance with the terms of this agreement. Security due Lessee
to be returned within thirty (30) days after the expiration of the lease and vacating of
Lessee; alternatively Lessee may choose to apply security deposit to the last month's rent.
4. REAL ESTATE AND PROPERTY TAXES. Lessor agrees to pay all real estate and
property taxes due on the property during the term of the lease.
Item # 35
Attachment number 2
Page 2 of 5
5. LEASEHOLD. The Lessor leases to the Lessee the following described property
["Demised Premises"], including all improvements thereon, located in Pinellas County,
Florida, to wit:
a. The existing dirt and millings lot just south and east of Gulf View
Boulevard, west of Coronado Avenue, and north of First Avenue
as depicted on Exhibit "A" of this lease agreement, which is
located on the northern portion of the property listed in paragraph
c below.
b. The existing paved parking lot just south of First Avenue and just
west of Coronado Avenue as depicted on Exhibit "A" of this lease
agreement, which is located on the eastern portion of the
property described in paragraph c below.
c. Other suitable parking areas as may be agreed to by the Lessor
and Lessee.
d. Legal Description of the Entire Property from which the portions
listed in paragraphs a and b are to be leased is described as;
Parcel No.1: Lot 1, Block "A", Columbia Subdivision, according to
plat thereof recorded in Plat Book 23, Page 60, Public Records of
Pinellas County, Florida, together with the vacated Southerly 1 foot
of Gulf View Boulevard adjacent to said Lot 1, and the vacated
westerly 1 foot of Coronado Drive adjacent to said Lot 1 , said
vacated portions being shown by Resolution filed November 27,
1959, in O.R. Book 757, Page 40, Public Records of Pinellas
County, Florida, and also Lots 44,45,46,47,90,91,92,93,94,95,
96, and 97, The L1oyd-White-Skinner Subdivision, according to plat
thereof recorded in Plat Book 13, Pages 12 and 13, Public Records
of Pinellas County, Florida, together with the vacated westerly 1.86
feet of Coronado Drive adjacent to said Lot 93.
Parcel No.2: Lots 48,49,50,51,52, and 98, The L1oyd-White-
Skinner Subdivision, according to the map or plat thereof as
recorded in Plat Book 13, Page 12, Public Records of Pinellas
County, Florida.
Parcel No.3: Lot 55, North 40 feet of Lot 56, South 20 feet of Lot
101, all of Lot 102, and the North 30 feet of Lot 103, L1oyd-White-
Skinner Subdivision, according to the map or plat thereof as
recorded in Plat Book 13, pages 12 and 13, public records of
Pinellas County, Florida.
Parcel No.4: Lots 53,54,99, 100 and the Northerly 30 feet of Lot
101, L1oyd-White-Skinner Subdivision, according to the map or plat
thereof as recorded in Plat Book 13, pages 12 and 13, public
records of Pinellas County, Florida.
2
Item # 35
Attachment number 2
Page 3 of 5
6. USE OF PREMISES Lessee shall have the use of the entire area described in paragraphs 5a,
5b, and 5c of this agreement. Lessee covenants and agrees to make no unlawful, improper or
offensive use of the Demised Premises. At the termination of this lease, Lessee agrees to return
the Demised Premises, including all fencing and gates, to the Lessor in as good condition as at
the effective date of this agreement, subject to normal wear and tear and subject to the existence
of the agreed improvements listed in Exhibit "A".
6. a All K & P employees, agents and invitees shall have unfettered access to all buildings and
offices currently owned by K & P and located on the Demised Premises. K & P shall retain
ownership of ten (10) parking spaces exclusively for the use of its employees, agents, and
invitees.
7. MAINTENANCE OF PREMISES. Lessee shall properly maintain the Demised Premises in a
clean and orderly condition, except for those repairs that are assumed by the Lessor.
8. REP~RSANDIMPROVEMENTS;WARRANTYOFSTRUCTURALSOUNDNESS
a. Lessee agrees to make those improvements described in Exhibit "A" at Lessee's
expense. If any item exceeds the estimated cost, or if funding is not available, then
Lessee may, at its sole discretion, modify or decide not to make such
improvements.
b. Any improvements installed by Lessee will be removed by Lessee and Lessee will
return the Demised Premises to their original condition at the expiration of the
term, excepting only reasonable wear and tear arising from the use thereof under
this agreement.
c. Lessor makes no warranties. Lessee shall exercise due diligence to determine
that the Demised Premises is structurally sound for the intended use as a
temporary parking lot.
9. UTILITIES There presently are no utility services on the Demised Premises.
10. QUIET ENJOYMENT Upon payment of 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 Demised Premises for the term of the lease without hindrance or
interruption by the Lessor.
11. INSURANCE Prior to taking possession of the premises Lessee shall provide proof of self
Insurance against claims for injuries to persons or damage to property which may arise from or in
connection with this lease. If Lessee allows any insurance required under this article to lapse,
Lessor may, at its option, take out and pay the premiums on the necessary insurance to comply
and Lessor is entitled to immediate reimbursement from Lessee for all amounts spent to procure
and maintain the insurance.
12. REPARABLE DAMAGE If the Demised Premises are damaged by fire or otherwise to such
extent so as to interfere with their use by Lessee, the rent payable for the period commencing on
3
Item # 35
Attachment number 2
Page 4 of 5
the date on which Lessee gives Lessor written notice of such damage, and ending on the date on
which restoration of the Demised Premises is completed, shall be abated in the proportion which
the parking space made unusable bears to the parking space leased to the Lessee prior to the
damage. If the Demised Premises are totally destroyed or rendered untenantable, Lessor shall
have the right, but no obligation, to render the premises tenantable by repairs within thirty (30)
days from the date that insurance claims of Lessor and Lessee shall have been settled and
Lessor shall be free of all restrictions as to proceeding with the work of repair or rebuilding.
13. LIABILITY AND INDEMNIFICATION Lessee agrees to assume all risks of the Demised
Premises and all liability therefor, and shall defend, indemnify, and hold harmless the Lessor, for
all claims arising out of, or because of, or due to any negligent act or occurrence or omission of
the Lessee, its agents, employees, contractors, or invitees. However, nothing herein shall
constitute a waiver by Lessee of its sovereign immunity and the limitations set forth in Section
768.28 Florida Statutes.
13. a Lessee will not permit any mechanic's lien or liens to be placed on the premises or on
improvements on them. If a mechanic's lien is filed on the premises or on improvements on them,
Lessee will promptly pay it.
14. 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.
15. 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. Nonpayment by Lessee of payments required in this agreement.
b. Lessor determines that the Demised Premises are so extensively damaged by some
casualty that it is impractical to repair such Demised Premises.
16. 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. If to the Lessor, addressed to:
K & P Clearwater Estates,
Attn: Kirit Shaw
P.O. Box 3094
Clearwater, FL 33767
K & P Clearwater Estates,
Attn: Kirit Shaw
P.O. Box 3094
Clearwater, FL 33767
4
Item # 35
Attachment number 2
Page 5 of 5
2. If to the Lessee, addressed to:
Michael Quillen
Director of Engineering
City of Clearwater
P.O. Box 4748
Clearwater, Florida 33758-4748
Copy addressed to:
City Attorney
P.O. Box 4748
Clearwater, Florida 33758-4748
17. ATTORNEYS FEES In the event that either party seeks to enforce this Agreement or to
interpret any provision of this Agreement, by law or through attorneys-at-law, or under advice
therefrom, the parties agree that the prevailing party is entitled to recover reasonable attorney's
fees from the other party, in addition to any other relief that may be awarded.
IN WITNESS WHEREOF, the parties have authorized the below signed officers to execute this
Agreement on the date first above written.
K and P Clearwater Estate, LLC
By:
Its:
Cou ntersigned:
CITY OF CLEARWATER
Frank V. Hibbard
Mayor
By:
William B. Horne, II,
City Manager
Approved as to form:
Attest:
Carlos F. Colon
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
5
Item # 35
Meeting Date:2/15/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the 2007 Federal Legislative Package
SUMMARY:
Each year, the City of Clearwater submits a list of legislative priorities for consideration for the new federal budget year. Once the
package is approved, the City's legislative liaison will work with the federal lobbyist to submit our request to our delegation.
The 2007 Federal Legislative Package includes such issues as: funding requests for Downtown Redevelopment and
Wastewater /Reclaimed Water Infrastructure; supporting legislation that will diversify brownfield remediation loans into grant
funds, provide Fire Act funding for pre-disaster and post-disaster mitigation; opposing decreased funding for COPS and
Community Development Block Grant programs. , and pre-emption of municipal funding sources.
Review Approval: 1) Clerk
Cover Memo
Item # 36
Attachment number 1
Page 1 of 3
Federal Legislative Priorities
110th Congress, 1st Session
Appropriations
Downtown Revitalization Initiative
The City seeks federal assistance to implement projects that revitalize Downtown Clearwater
into a wonderful place for residents and visitors to live, work, and play.
Station Square Park - $351,919
Enhance park's appearance and versatility to be a more desirable place for casual and
programmed gatherings with: construction of an elevated stage for entertainment and
special events, creation of a plaza with terrace seating, built-in benches, and landscaping.
The total estimated cost is $1,537,919. The City has received approximately $436,000
from the Florida Department of Transportation and has apportioned $750,000 in TIF
funds (Tax Increment Financing) for this project.
Cleveland Streetscape Phase 2 (Design) - $370,000
Transform Cleveland Street into a pedestrian friendly area with landscaped sidewalks and
medians with areas available for public art. The project also includes new benches, trash
receptacles, bike racks, and decorative street lighting.
Estimated cost to begin design phase is $370,000. To support growth in the downtown
area, the City has invested $6.9 million in roadway and utility improvements along
Cleveland Street.
Downtown Waterfront - $800,000
Design and permitting of 129-140 public boat slips on the downtown waterfront that can
accommodate for daytime and nighttime dockage, parking improvements and
landscaping, and landing for ferry service to the beach and commercial pickup/drop-off.
The total estimated cost is $11 million. The Clearwater Downtown Development Board
has dedicated $50,000 annually for ten years and the Community Redevelopment Agency
has committed $500,000 to supplement local resources.
Wastewater and Reclaimed Water Infrastructure
Goal to obtain a $2,200,000 appropriation in FY 2007 V A-HUD appropriations bill under State
and Tribal for assistance to repair and upgrade wastewater and reclaimed water infrastructure.
System upgrade is needed to meet federal and state regulations.
Expansion of reclaimed water system will reduce impacts on the natural aquifer and assist with
disposal of treated water.
Item # 36
Attachment number 1
Page 2 of 3
The City has received approximately $1,850,000 from the Environmental Protection Agency's
State and Tribal Assistance Grants (STAG) to supplement the local resources dedicated to this
initiative.
Morningside Recreation Complex
Goal is to obtain a $2,000,000 appropriation for the construction of a 25,000 sq. ft. regional
recreation facility.
The Morningside Recreation Complex will enhance the City's "Healthy Choices for a Healthy
Clearwater," a community-wide collaborative campaign involving local businesses, schools, city
and county departments, non-profit agencies, hospitals, and community groups in a shared effort
to make it easier for residents to make healthy choices.
The facility will feature an indoor jogging track, fitness room, and a gymnasium suitable for all
types of healthy programs.
Issues to Support
Brownfields Remediation
Support legislation that diversifies loans into grants.
Increase funding for Brownfields assessment and cleanup.
Fire Act
Provide funding for pre/post disaster mitigation (i.e., first response training, hardening of
facilities, equipment).
Maintain funding levels for SAFER legislation that provides additional staffing for fire
and medical emergencies.
Continue funding resources that promote fire prevention activities for community risk
reduction.
Public Works
Monitor Transportation Enhancement Funds
Provide funding for hardening of existing infrastructure to mitigate natural and man-
made disasters.
Increase funding for land and water conservation projects.
Homeland Security Mandates
Support legislation that would provide federal funding for Homeland Security mandates
assigned to local governments.
Item # 36
Attachment number 1
Page 3 of 3
Authorize funding resources to local governments responsible for providing candidate
protection during presidential campaign visits.
Issues to Oppose
As AmeriCorps facilitates community volunteer needs for many area agencies, oppose
efforts to decrease funding levels for AmeriCorps post in Pinellas County, which is
located in Clearwater and is the only remaining post in the County.
Oppose the CLEAR Act (Clear Law Enforcement for Criminal Alien Removal) - Oppose
mandates that will require local police officers to track immigration violations discovered
during normal law enforcement activities.
Oppose legislation that will eliminate or reduce current funding levels for Community
Development Block Grants and Housing and Urban Development Programs.
Oppose efforts that reduce or eliminate a municipality's ability to collect franchise fees
for use of rights-of-way, including legislation that will make the Federal Communications
Commission the arbitrator of disputes over franchise fees.
Item # 36
Meeting Date:2/15/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Reappoint Frank Dame and appoint one member to the Community Development Board with terms expiring on February 28, 2011.
SUMMARY:
The Appointment Worksheet is attached.
Review Approval: 1) Clerk
Cover Memo
Item # 37
Attachment number 1
Page 1 of 1
APPOINTMENT WORKSHEET
BOARD: Community Development Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Yes
RESIDENCY REQUIREMENT: City of Clearwater
MEMBERS: 7 & 1 alternate
CHAIRPERSON: David Gildersleeve
MEETING DATES: 3rd Tues., 1 :00 p.m.
PLACE: Council Chambers APPTS. NEEDED: 2
SPECIAL QUALIFICATIONS: Board shall include members qualified and experienced in the fields of architecture, planning,
landscape architecture, engineering, construction, planning & land use law and real estate
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. David Gildersleeve - 3350 San Pedro St., 33759 - Original Appointment 02/18/99
BS & MS Urban and Regional Planning
(Ending 2nd Term 02/28/07)
2. Frank L. Dame - 407 leeward Island, 33767 - Original Appointment 12/14/06 to finish a term (J. B. Johnson)
Self Employed: Investor, Yacht Broker - B.S. Finance & Marketing
(For Reappointment to serve 1 st Term)
THE FOllOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO Fill THE ABOVE VACANCIES:
1. Daniel Dennehy - 1815 N. Ft. Harrison Ave., 33755 - Real Estate Develop.
(Currently Alternate member COB)
2. Richard Adelson - 2670 Red Oak Court, 33761 - Architect
(Currently serving on the MCEB)
3. Norma R. Carlough - 1756 Ashton Abbey Rd., 33755 - Retired Business Mgt.
( Currently serving on the AA)
4. Doreen DiPolito - 420 Druid Rd. W. Harbor Oaks, 33756 - Contractor & Mech. Eng.
5. Robert P. Fernandez - 301 N. Hillcrest Drive, 33755 - Retired/VP Operations
( Currently serving on the EZDA)
6. Rita Garvey - 1550 Ridgewood St., 33755 - Volunteer/Activist
7. Douglas L. Hilkert - 1515 Midnight Pass Way, 33765 - Attorney
8. William L. Johnson - 479 East Shore Dr. #1, 33767 - Real Estate
9. William P. Kirbas - 34 Bohenia Circle N., 33767 - Financial Advisor
10. Bob luna - 774 Snug Island, Island Estates, 33767 - Business Adm. & Mgt.
11. William J. McCann, PE - 1563 Turner St., 33756 - Professional Engineer
12. Gro Miller - 1724 Thomas Dr., 33759 - Broker Associate
13. Gerald (Jerry) L. Schauer - 2958 Somersworth Drive, 33761 - Semi-Retired/Banking
14. Shawn Yang -1466 Rosetree Ct., 33764 - Real Estate Agent
Zip codes of current members:
3 at 33755 1 at 33761
2 at 33759 2 at 33767
Item # 37
Attachment number 2
Page 1 of 1
CITY OF CLEARWATER. APPUCATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: Frank L. Dame
Home Add.....: 407 Leeward Island. Clearwater. FL 33767
0fIIce Add....: Same
Telephone: H10: 727-442~2237 Cell: 727-692~2655
RECEIVED
DEe 12 2006
OFFICIAl. RECORDs AND
LEGISlAtIVE SR\ICS DEPT
How long a ....ident of Clearwal8r? 5 Years
Occupation: Self Emoloved: Investor. Yacht 8roker. Owner FIqrida Boaters
Guide. Com
Field of Education: 8.S. Finance & Marketino
If retired former occupation: See Attached BioaraDhv .
CommunIty Activities:
PineIIaa Countv Boatina Acceea Task Fon:e Member - ADoointed June 2005
Clearwater Citizens Academv Graduate - 2005
Clearwater Citizeps Advisorv ('~ (CAe) ~ for review of the C....... Evaluation
and AooraisaI Reoort - ADDointedAiiaUtt 2005
CIeaIW8ter Neiahborhoods CoeIition - Member - 2005 - 2006
....,., Eftates Civic Association - President - 2005 & 2006. Board Member and Maritime
OffIcer 2003 - 2004
Oller Interests: Boatina. Tennis. Golf
Board Service (current and past): Clearwater Marine Advisorv Board Member - 2004 -
2008
Board Prefenance: CommunitY DeveIoDment Board
AddIaoMI eon-a~
Signed:~
~ Date: t'l. //Z ~ (..
--,. .'
See attached list for boards that require financial disclosure at tine of appointment.
Please return this application Md.1JIoMI question.... to the 0ftici8I Reccrda &
Legislative Service8 Department. P. 0.. Box 4748, Clearwater, FL 33758-4748, or drop
off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue.
Item # 37
Attachment number 2
Page 1 of 1
BOARD QUESTIONNAIRE
1. What is your understanding of ttle board's duties and responsibilities?
This board has the resoonsibilitv tq review matters relatino to Dlannino & develoDment
within the City. It conducts Dublicbe.,nos and decides develoDment reauests and
variances to develoDment codes that are bevond the.scooe of city staff authority. The
Board reviews develoDment desifpls and makes d~i9ns on findinos of fact and rule of
law. It reviews reauests for land use plan chances and re-zoninos. It serves as Local
Plannino Aoencv to review and make recommendations to the City Council reqardino the
City's ComDrehensive Plan.
2. Have you ever observed a board meeting either in person or on C-Vaew, the
City's TV station?
I freouentlv watch Council Work S.,.i@ila. ~ Council ~ and Communitv
DeveloDment Board meetinas as Wllaa other C-View DI'OGI'ammina.
3. What background and/or qualifications do you have that you feel would
qualify you to serve on this Board?
I have reoreaented the Island ~ ~ Aacciation and its comm......~ the
Commu~ DeveloDment BoII6tQRd.I~.... and ~ ...."..;\fw
Florida Administrative HearInG .aDf~.1MO"'188. I am .--wIII the ..~ .
~ and I am also a current meInbIr d the Marine Advisorv Bo8rd and farriIar with
the Sunshine laws.
4. Why do you want to serve on this Board?
I would. =u':n~ 9,g~ Jo
activelY inti ~ I. . ..
Name: Frank L. Dame
Board Name: Comm"nitY,~~
Item # 37
Attachment number 2
Page 1 of 1
BloIExperIence
FRANK L. DAME
Home (727) aM2-~37
Office (727) 692-2655
Fax (727) 239-7287
407 Leeward Island
Clearwater, FL 33767
BACKGROUND:
Over thirty seven years experience in Finance, Marketing, Sales and Management. Senior executive
management level with proven ability to:
. StrategiGally planned corporate Marketing, Sales. Pricing and Credit Policies.
. Effectively organized and maftIOIItd decentralized & centrialize corporate Sales, Marketing and
Operations to exceed desired ffnenoial objectives.
. Assessed new business opportunities and develop strategies to maximize corporate growth and
profitability.
. Created and implemented corporate quality programs to enhance customer value.
. Served on many boards and advisory committees to provide guidance and direction
PROFESSIONAL EXPERIENCE
Island Ways Enterp...... Inc.
DBA
P....IdentICEO
08102 to Present
. Rorida Boaters Guide.Com
. Yacht Services of Tampa Bay
Snug Island Yacht Company
licensed Yacht Broker
01103 to 11/05
Prog..... Telecom - St. Petersburg, FL
VICe President Broadband Sales
Vice President of Sales & Marketing
12/00 to 06102
05102 to 08102
12/00 to 05102
Responsible for a corporate sales and marketing activities domestic and International including
Broadband Sales Wnless Sales and Construction.
Verlzon Cnadlt Inc - Tampa, FL
VICe PresidentIGener Manager
Same reaponaibiIitIe as below (Company & TItle change due to GTEIBeII Atlantic merger)
07/00 to 11/00
611;.....- COI'DOI'8tion - Tampa, FL
President
04183 to 06100
05199 to 06100
Total profit and loss responsibility for $800 mUon in assets, $270 miUion annual new business. $57.5
mIHion in revenues, $10.5 mUlion oet income.
Page 1 of4
Item # 37
Attachment number 2
Page 1 of 1
PROFESSIONAL EXPERIENCE Con't
GTE L..ana CorDoratIon con't
VICe President - Sales and Marketing:
Director - Sales and Marketing
08198 to 05/99
08186 to 08J98
Reporting to the president, this position has overall direct responsibility for establishing, developing,
implementing and c0ntr0liing .. atfdl,I...poIIci..and objectives relating to ..... end marketing. It
is responsible for generating ~S220 million in funded lease and finance volume annually
and managing ,8 portfolio size of $46O"miIIicJn With an 8Y8I'8g8 return on equity of 21%. This position
has ,total P & L responsibility for III of.. company. de-celdnlIized sales. marketing and credit
operations.
District Manager:
.04183 to 08186
RespOnsible for supporting local GTE telephone companies Customer Premise Equipment sales in an
eight-state area. Managed the SaIea, MaIketing and Credit Operations of the office.
G.E. CaDltaI CorDoratIon
Commercial Equipment Finance Department
Region Sales Manager:
This position W88 accountable for approJimaIeIy S45 miHian in annual... ""inthe AtI8nta
Region. Other positions inducted ~........ M8n8trJer ......... for ..aping .. marketing
and sales programs, pricing and tran88Ction 8tructurIng; Marketing representative in Georgia.
09181 to 04183
I~ Hatwet8r ComDanv .
06174 to 09181
Held various sales and management positions in 'H'. Credit Corporation, Truck Group and Leasing
sub8idiary promoting r8I8iI ...... and 'II linG" ......rh .lIr floor pIanring for dellera in the
SoutMtn Region of the Truck.'~ and AgricuIure EcauiPment Groups. Also held ... end
management positions in lH'a Truck Group.
UnIIed 8tlIdM Annv (Viet Nam Veteran)
10165 to 08/68
. Page2of4
Item # 37
EOUCAnON
Clearwater Citizens Academv Graduate
Sea ~ - St. Petersburg, Fl
USCG Ucensed 100 Ton Master
Mercer UniversitY - Atlanta, Ga.
Post Graduate Course work
UniversitY of Central Aorida - Orlando, Fla.
BS degree with Major in Finance - Dean's Ust 1974
Seminole Communitv CoIIeae - Sanford, Aa.
AA Degree in Business Administration
PROFESSIONAL ASSOCIATIONS
United State Power Sauadrons - Clearwater Squadron
. Certified Instructor
. Named Instructor of the Year for 2005
. Member - Executive Committee 200S
. Chairman - Audit Committee 200412005
CIB~r~rit't ~rv ~rdMen1ber- 2004 - 2008
Pinel'" Countv Boatina Access Task Force Member - Appointed June 2005
Anheuser-Busch
. s,)okesperson 2005- 2006 ReaponsibIe Safe Boating Advertisements
2005
2002
1982
1974
1972
Attachment number 2
Page 1 of 1
Clearwater r~Antt Advi80rv Committee (CAC) - for review of the Clearwater Evaluation and Appraisal
Report - Appointed August 2005
Clearwater Marine ~rium
. Elected to Board of Directors - 9/06
Clearwater NeiahbQrhoods Coalition
. ,Member - 2005 - 2006
Island~~~
· President "';2005 & 2006
. Board Member and Maritime Officer 2003 - 2004
Island Estates Yacht Club - Fleet Captain 200412005
Page3of4
Item # 37
Attachment number 2
Page 1 of 1
Member Better Business Bureau of west F. 2004 - 2006
Sales and Marketino Executives of Tamoa Bav
. 5100 - Elected Va President
. 9/99 to 11/00 - Member of Board of Directors
PROFESSIONAL ASSOCIATIONS Con't
EQui~ Leasino Association of America (ELA)
. 4 year active member of the associationts Captive Committee
. Member Board of Directors 2000
. 1998 to 2000 - member of !Nt Information Technology Committee
Tamoa Chamber of Commerce - 1~. 2000
Tamoa Bav Society - 1999. 2000
Florida Licensed Yacht Broker - Jan '06
Page4of4
Item # 37
,
Attachment number 3
Page 1 of 1
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name:
WTT,T,T~M P KTRlU~
Home Address: Office Address:
Telephone: 446-4870
How long a resident of Clearwater?
Telephone:
34 Bohenia Circle North 100
Clearwater, Florida Zip 33767
Occupation:
Financial Advisor
18 y~~rs d
Employer: Ame~ Express 'R~4; r~
Other Work Experience:
Field of Education:
Associate degree, engineering
Maqnetics enqineer
B.S. degree, physics & mathematics
Plrlnt MrlnrlCfpr
M.B.A. deqree, finance & marketinq
General Manaqer
If retired, former occupation: n/a Business owner
Community Activities: Director, Jolley Tro11~y. n;r~rtnr ^' VP (",lprlrw~tpr
Beach Association
Other Interests:
Woodworkinq and mechanics
Board Service (current and past):
Board Preference:
Parks & Recreation
Community Development Board
Parks & Recreation Board
Additional Comments:
Signed:
;;r/~~
Date:
April 13, 1999
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
'/9/01- ~ f' oAJ bo~ \['S+s
\l'~(O;J..- l. 0(. Ii It..
S~3 03 _V~~u., ~,~ i.d~.
RRCEI,rED
APR 1 ~ 1999
CiTY ClEl;K DEPTltem # 37
Attachment number 3
Page 1 of 1
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
The board assists the Parks & Rec. staff in evaluating
current facilities and activities and recommending
improvements and capital expansion for parks and
recreation facilities to the City Commission.
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
A number of times including a four year term as a member
of the Parks and Recreation Advisory Board.
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
My prior experience on this board provides me wit~ a
thorough appreciation of the hoard's purpose and
responsibility. I have a keen interest in athletics
and recreation by way of my participation. I have a
sound background in finance that could help in prior-
itizing evaluatec projects.
4. Why do you want to serve on this Board?
I'd like to continue working toward the objectives set
durinamy previous term in makinq the parks and Recreation
Department the finest in the State of Florida and its
facilit1~s and programs second to none that we would be
proud of.
Name:
William P.
Kirbas
Board Name:
par1-cs
c'" "\G"l iT "'tJ. '\G'l n
l=l! ~~. (.~~~J ~_ 'i:. .lCJ ".>
and .Recrea t ion
I\rK 16 1999
("...,." r ~ ,;;.;;K DEPT
~ t l 't, ji'-w.-t.. . ...
,-j' " Item # 37
i.
Attachment number 3
Page 1 of 1
i
.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
The board is a comprehensive administrative board that has
assumed reponsibilty of prior multiple board activities
involving zoning and land use, development code adjust-
ments, design review and planning. It is this board's
obligation to conduct public hearings relating to petitions
brought before the board by residents and interested parties.
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
Many times as well as serving on the Parks and Recreation
Advisory Board for four years.
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
I have the academie: background and work experience
to qualify me in rendering fair and sound judgment
regarding matters of development brought before the board.
I have engineering and financial training that would assist
me in comprehending and evaluating matters under discussion.
4. Why do you want to serve on this Board?
I have been a resident of Clearwater for over 18 years.
I've addressed the city commission and various boards
relating to codes, planning and zoning. I'm more than
familiar with the affairs of the City, past and present.
I'm interested in enhancing tha quality of life for our
residents and I would offer my advice to achieve it.
Board Name: Cnmmlln i 8 ~C~JmX~ n
Name:
William P. Kirbas
~\PE 16 1999
CITY CLEiiK DEPT
Item # 37
Jan 05 05 12:22p
Bob Luna
727-443-3685
Attachmerfi' n~ber 4
Page 1 of 1
RECEIVED
~~M~lrtJ~1i~~
. : : :'-:>~-;,">"~>CITY OF CLEARWATER - APPLICATION FORfADVI~ORY BOARDS
.. .:. . '. (must be Clearwater resident)..
_ _ NaITle_: ':1306. /.. c.J A/ A-
Home Address:
77 <f -S,UUb- /c::::Ln~o I /s.t:.lfl-/O t37I1TCJ
Cl-[flJZWft7C, 82/K f-J fL.Zip '3-:,76?
Telephone: 7 ~ 7- yv/- ~ S-~ Y
How long a resident of Clearwater? 3 ~11-f?.i
Occupation: C/I~/~i'-;1ff1-' f fj)RP~/])otl-r ~ Employer: }/lG J.. uvlJ CPI2Gft~/5/f-T/o^
Field of Education: ,..'~ Other Work Experience:
8 C/ '3 ,4 /~ d- ChI fi"v6 "\'~"~_'. ..~ j. V pfi lIoR" ~ 11 (i ~ d-h If;- fR 0 rr OJ
)..u"v,A ::Pt?~ ~)1~7E jr/ECME-I'-t a.. tJ
~ /"<1P/1 /J/i7/'<JPr- ~~vtur'~" LLc
If retired, former occupation: .J.. t/;V" /)-~ T G/I-//G-(l;ci f (}iJ.
Community Activities: -(JI!JI.<fI3Er () ~"'?Me-I1(:-- (~l. ~f't (l~f"F;-) /JH AI+"::af. ItlJaIl. .
. ;
g/l1ll~ /.L-rFI2""II7IO~L ) SIlI2I~llJ /f1<s.tP17If< R/lCIf/c.IJPfrJl- l~fJA..
Other Interests: TtZEvt-Ik~'ffFz) 11 ~())./5
Board Service (current and past):
Gvloe Pd6- FOV/,-,l)h7/~v.- FPt{ 711E &./~
S;..n / -r Ii ~t--- H Cj'. .
/f5Sl7'f~<-l/JI(/1;--' ~Ct-~5()V ( -/JW/50pc/ B4ff(l')
':r.:fl tIlE- pliW '/o/?K STltrE ~f?"tJ3<"1
Additional Comments: ~~~..t.e ~
Office Address:
SA-Mf;"
Zip
Telephone: S/?/M ~
Board Preference:
~7)~d~
&-<
&~LU7U~J &1. /~''j ddj
~.
&:..l!!e~<-<.4-C.t ~
~._... Item. # 37
Jan 05 05 12:22p
Bob Luna
727-443-3685
p.3
Attachment number 4
Page 1 of 1
:. . " . C"_ ' ':, ~. ~,:. .:;:i:: ..\' : ...:;:: ":.,;
. BOARD QUESOONNAJRE;..;': ---
::':"~-~', ,-'-,'- '--'~"""::l"~ -:._.C :-:." .
... . . . ." .... ," ". ',:~.'. ',";,~. ::'" .. , .
. ~ ..;...1: - What is.YoUr understanding of 1he board"s duties~and ~Po~bilm$s? -
..'i~~t~~~j'~Ji~jj:7~.
. _.:'-,J~JI1-_~ ~~ .
,_.,,_'__'~_' _, _ .__--.~' _. _..._.:.~ __c___....~..:. ..___..--,;.____..;-..:._....... -:..._,.....-:.,..:.;.-'--'....._.~'.:.~-,...-_'"'" . ...-_--:-''-'-:O'o~-_..._...--__......_..........:; ,~,.....o...:. -:,-__ ...:..- -.'.. -.-"..'- ._',... __~..,-......_..'. .
2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
f) /In -tJ: _ r
~-S .~~5
3. What background and/or qualifications do you have that you feel would qualify you
to selVe on this Board?
9fiv I~~ ~ ~ Jft- ~ -~ ~
.-/~ ~w.- eft ~~?d~ (l~ -/-./~ ~
tI~ ~ c;t4/~~ ~~-~*~
4. Why do you want to serve on this Board?
~~/~~ -,f-~~
t ~ ~ A' ---U- ~~~./fl<f! -&- -bt'aJ-
0/.Y4 ~ /71~ t1(.A ~ CJf ~ ~
~~~~~~~~
" )
..rtf:{-
\
Item # 37
Attachment number 5
Page 1 of 1
Name:
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
&0//;I(}-/?7 J. /J1 C'C/i..JAJ. J::>E-
""
Home Address:
/5b 3 TUR;J6/C Srlf't:ET
C[entew,qT~ . FL Zip 3376"b
./
Telephone: 7 Z 7- L/- 'I s -7 ~ (".0 Telephone:
How long a resident of Clearwater? .=;1;2- e.q 1'5
Occupation: P~DFt;;S5I~AL EV(;)#.JI5Ete. Employer: 1-1. .(!., EIJ fue.
I): 'PU9A.NJE"~
Field of Education: Other Work Experience:
{! I LJ I L t 5r ,cVCTV~,q.L Gu~JA-I!iFRltl6 _j~[.t4ls :J e ~ "'5' h eeVl '^;J-
errI t I?€t;./~"/~L- H,&JA/.v//J6- -\at..f s. 6~\.c:J\.~..N'- ,/
~ <.t '3-~~ I
If retired, former occupation:
Community Activities: C/-lAJR.~~pA.l. [)E!:;16J.1 I?E1I)e:~ t304teo CI"r'Y1(!/P.J.
t:~. f]tJEU-F1-S Cu~ B':I9VTi Fi.)L.; ~D,<;Jeo pf DII!!6c..7Dr€'S ./
Other Interests:
Board Service (current and past):
U€S(c.~ Kel//E"~ "3l)~eo
Board Preference:
C oMM VA/I 77 UEVGLDf71YJlJ'1..IT J30",e p
Additional Comments:
Date: L~ /1 )1'11
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, ;1.IJ.O~' :cek:v;n:; I;+- B FnEIVED
/,~ _ II \\ t FE B .l 7 1999
f I !~ fO;). -
SiTV CLi:::~:{ DE~ttm # 37
Attachment number 5
Page 1 of 1
WILLIAM J. McCANN, P.E., P.P.
Licensed Professional Engineer and Professional Planner
1563 Turner Street
Clearwater, FL 33756
727-443- 7660
BACKGROUND and PROJECTS
CIVIC
Chairperson - Design Review Board - City of Clearwater, FL
Board of Directors - Keep Pinellas County Beautiful, Inc.
Member - Planning Board - Atlantic Highlands, NJ - 1977-78
Member - Zoning Board - Atlantic Highlands, NJ - 1975-76
PROFESSIONAL LICENSES
Professional Engineer - Florida - 1996
Professional Engineer - New Jersey - 1972
Professional Engineer - New York -1972
Professional Engineer - Pennsylvania - 1974
Licensed Land Surveyor - Pennsylvania - 1980
Charter Member - American Institute of Certified Planners - October 1978
Certified by examination AICP
Professional Planner - New Jersey - 1972
EDUCATION
Master of City & Regional Planning - Rutgers University - 1978
Bachelor of Engineering (Civil Engineering) - Manhattan College - 1967
RELATED WORK EXPERIENCES and DESIGN
Commercial
Camegie Center - Planned Unit Development - 550 acres - 3.3 million SF Planned Corporate Headquarters
Office Park, 350,000 SF Commercial retail, 900 multi-family residential units
Market Fair at Meadow Road Shopping Center - 350,000 SF
Gateway Shopping Center - 225,000 SF
CIVIL and SITE DESIGN
Planned Unit Developments, f>lanned Residential Developments, Single Family, Townhouses,
Condomiums, and Garden Apartments, Retirement Communities.
Subdivisions and Site Plans for office buildings and shopping centers
Site layout, grading, earthwork quantities, railroad track design, utility services.
Drainage systems, detention and retention basins, infiltration and exfiltration systems.
Sanitary sewerage systems, collection mains, lift stations, force mains, regional systems: interceptor
trunk lines, pump stations, force mains and package treatment plant designs.
'~14: f1 J~ X~IIij Il'
FEB .1 7' 1999
f"' fT'I.('-" '. ~ # 37
" :, ': ., (,#t._c: .,,:' 1.,(,' 11 ,)
.. I' ,,!.; r.,'; ~ ,. , f'
Attachment number 6
Page 1 of 1
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
How long a resident of"Clearwater? ~~~
Occupation:~~\.c -eM.. A-~CO(!..\.' At' --€ .
Field of Education:
\{l QO D CC, ~:\~ ~Vc>\cu... Q..A.bo c I
t _~ r . ~,,\.~c..~ ~vo~
Uc- \"\i:le A..~ ( tlh,AA.L(_
If retired, former occupation:
Community Activities:~ CJ l L.L \--e A.C-~ ~ \. UVJ\,'-t., 't" A , 1\J ~ ArL
A d '-' ~ '-. ClI\{t.\..t ~VL V'::) - ,^-,-U <t ~ I c:.
Other Interests: ~a; ~"'~ (')'J'> DU~~~\.L~ .
Board Service (current and past): Board Preference:
~ CQM..~~ I ''tJ~0. \R-o ~
C~~fC<. -Z (M.e'O~~~'
,
Name: \LL.E ,
Home Address: Office Address:
Dc2.'t \\(\O\U A<l ~ . ~,,{&'-'- c..~oeu.{. ~ ~eC- A
c~ e L\1Lw~(':-~ . ZiD 'S1 '\ ~~ ..,~\~:~eCeJi\~:~:CCC~"FL.
Telephone: "\.1."'\- 'l.:Ll - ~ ~ L ~ TeIePhone:li~j-:~'~ '{,'-'3..~-.. ~,~~)1.l, 5",
.. .. . ,.
Cell Phone: \;A'1- aD') - Q21:. ~ e:.. E-mail AddreSS:~\t:O@>~lC!l~~S~ \1j~UA.. .,
U j~l~ C>~ 0"'"
, {.J
Employer:
Other Work Experience:
~ ~u.\J~ A~~
Cf~cu...,-{....H \- ~~ '-;J I C. ~.'-<.
J0 e)J ~ A'1 ( ~ " \ ~ "\-e A e..l'-\~ .
Additional Comments:
Si9ned:~~
Date:
I 'l-?-(fuG Co
See attached list for.. boards thatreqUi" flll8nciaJ disclosure .at time of appc)jntm4l1'rt. PIeIlf return
this application and board. questionnaire.tathe 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) ~ C [E 0 WI IE n ..
U11 DEe 4 . U Item # 37
Attachment number 6
Page 1 of 1
.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
\0 g\~( )\JL.~ \\~~~ e\e~~'t.elLC.\OeoCI C>~\aJ~ ('-. \PO\,u b-.....
l ~~. le1t'.J..Il C~ l (\-~\J:) ru..~od \.{ ~~~ . \ ~ ~pt O\L~ \L-1. A. "
\\'\~'tLe.. ~!. A- ~C ~ \.be..-~'EW./ \;\-~~'tc-\,LJc. A-w~ lU.-olAelLL.o
\b.o ~<-\l\,'.\UC>-<;" I ~'i. Vle.c.-u"j~--t \ ~Q.. I\-\v\.{ C Ow~. C l~~6~
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
~ -e..c;.. ,") l ".('\.0 ~ uJ A-'t:t... t\- ~ ""t- \.-{ ~ c i ~ \.( '~
'\ \J ~ \.-..f+t- ~O w
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
~ \.~Lew<;...e \D 1+'-. \JLe~ ~~A-{.~ \bvo\tes.t. \.;~~ ~ ~\(9lc.e!.< I
T\\-l\oQ... A-~ ~ l\jOl'A-lA..\..{ \Pu~L~ c . J ~ Uetl\.~, CA.6.A-lu.{'-Q(.o
A-~\J-l, ~ ij.,) ~ c..'~ n. ~ l' l) c... L \./1 ~ t....I.... "'" ~~ \' 4\0 ~ \.,~ou) ",,0 V).. e. A- (,()
I
, '- 'l--... '11\
~ l \.) e.\ p ~ l. \U t~ ~ w ~ tl ~ I\- U e. ~ V t:.. <:...'l ~l.D \ \u l -el.(., e.. c::;.. l l "'V
\\.~-e- ~e\. (') v.>..e..\U....~ 't
.....
D ~ c.. l -e... f.\.l.<... \JJ A-l.: '€.k...
.
A-A vA- <2-'-.. "\'y
4. Why do you want to serve on this Board?
Ac.. A Yl. e.<S.. ~ 'C 6..4) 't ~ ~ C- \. ~ Aic...u.> At 'E1.( ( ~ Au.. U '€.lA-.'1
\ " ,
\ W t-'-eL...L e, 'l..Q..LQ l \.t.> ~ e- -e.. L \Q.) C>. \ L ~ A-'t- 't L i -e.. <!...l t\...{ ( ~
\J') ..eL} r-' La lP \K.. -..e.~ "'t'": ~<.... u \A -L~ '\. bJ. ~ ~. C l ~~VL W A~
.. t ..... \ 0 n
.~"€-L C> LH C'~ e.vc-\U ~~ \h e-A-0"t: ,~ U l., \ '-0 t~eC. \ ,,\,: c..."",,--
{) e<:-~ \A.... ~ \ -€.. \";:)O\IL A-~ l.U~l \IL..-e..~ ~ \S::) ~'\;"" ","0 \./~ u -e.... A-U.)l.J~
,A.."'- ~ A-~"(, n..~ c. 't- \ C\tJ 4- ~ 4- 0 A-c..A-'t-~ C~ ~ e-~ L~ '0 M (, l o~
Name: G..n..O C..f. ~ \ \ ~
Board Name: CO~l.k. UW~\'i VJ eO, ~6 t1-k~
t'"blt I (] ~
Item # 37
Oct 15 04 01:49p
Jerr~ Schauer
727 784 SOl 5 Attachment Frurnher 7
Page 1 of 1
RECEIVED
OCT 1 5 2004
UFF!C:U\L f~ECOI<DS AND
SRVCS ,OFPr
City of Clearwater - Application for Advisory Boards
(must be a Clearwater resident)
Name: Gerald (Jerry) L. Schauer
Home Add-ress:
2958 Somersworth Drive
Clearwater, Florida 33761-1939
Office Address:
Same
Telephone 727.784.6015
Telephone: 727.560.2535
How long a resident of Clearwater Since 1991 (13 years)
Occupation: Semi-Retired
Employer: Part Time _
Coastal Environmental
Concepts, Inc.
Field of Education
B.A. Degree in Education
B.S. Degree Accounting & Economics
Other Work Experience
CL T - Software
Bank of America - Banking
25 yrs
Secondary Education 4 yrs.
If retired, former occupation - Banking - retired from Bank of America
Community Activities: Serv.ed on PineUas County School Boord Budget Review
Committee - A volunteer with American Red Cross
Other Interests:
Boar.d Service (Qlrrent -and past):
Board of Adjustments (City of Coral Springs)
. Board Preferooce:
Community Development
Board (COB)
Additional Comments: I have extensive experience in interpreting policies and
procedur.es as dir.ected hy.businessmanuals and management. I also have excellent
negotiation skills.
Signed:
Date td;/y;6 Y
Item # 37
Oct 15 04 01:5010
Jerr::l Schauer
727 784 6015
Attachment fRlm8er 7
Page 1 of 1
Board Questionnaire
1. What is yoor understanding of t.he board' s dut~ and responsibilities?
The board members must have a working knowledge of the City's planning and
dev.elopment codes. They must be able -to review petitions to determine if the -requests
are within established guidelines and make recommendations to the City Commission
based on a solid review and knowledge of the facts.
2. Have you ever observed a board meeting either in person or on C- View, the City's
TV Station?
I hav-e viewed some City -Commission .meet-ing on TV, but no Advi-sery Board
Meetings
3. What .background and lor .qualifications -do y{)U have that you frel would qualify
you to serve on this board?
I have ~xtensive husiness..exp.erience inv.o1ving ..dealing inhoth the.pubJ.ic.and private
sector with individuals as well as small to large business interests. This experience
required.melo !lper.ate.and .enforce stated.policies and procedures while .auhe -same
time meeting the needs ofthose that I served. I have extensive negotiation skills.
I hav.e served.on the Board ill Adjustments for the . City .of Coral Springs aslt-s Board
Chairman. I also served on the City Council for City of Warsaw, Warsaw, Kentucky
as an elected official.
4. Why do you want to serve on this Board?
lam. in a position to assist the City in ~hiev.mg its .objectives. I also believe that
development, that matches the community requirements, is very important to meeting
the needs.of1he.citizens.of .clearwater.
I also enjoy public service. I read an article in local paper that the board has a vacancy
and I feel my experience as well as background can be an asset.
Name:
Gerald L. Schauer
Board Name: CDB
Item # 37
Attachment number 8
Page 1 of 1
CITY OF CLEARWATER-APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident) RECEIVED
Name: Shawn Yang
Home Address:
1466 Rosetree Ct.
Clearwater,FL 33764
Office Address:
1545 S. Belcher Rd.
Clearwater, FL 33764
rr~ 2/1 2005
'JFFiCIAI.. RECORDS AND
LEGISLATIVE SRVCS DEPT
Home Telephone: (727) 539-0559
Office Telephone: (727) 644-2899
How long a resident of Clearwater?
3 years
Occupation: Real Estate Agent
Employer: Charles Rutenberg Realty, Inc,
Field of Education:
Real Estate Salesperson License
Bachelor Degree in Computer and
Information Systems
OJher '" ()1"~Experiellc~:
Real Estate Agent
Senior Business Analyst
Systems Engineer
If retired, former occupation:
N/A
Community Activities: President of Florida Hmong Community, Inc.
Other Interests: Event planning and community service.
Board Service (current and past):
Florida Hmong Community, Inc.
Clearwater, FL. 2003-2004
Board Preference:
Community Development Board
Yang Wang Meng Association, Inc.
Minneapolis/St. Paul, MN. 1994-96
Lao Family Community, Inc.
Minneapolis/St. Paul, MN. 1992-94
Additional Comments: I am a resident of Clearwater and I want to help the city to plan,
improve and develop a safe and clean community for our residents and visitors to enjoy.
Signed:
;jz~
Date: ~ - J}! - 06
Item # 37
Attachment number 8
Page 1 of 1
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
Board members handle and vote on matters related to planning & development. Conduct
public hearings and decide upon certain development requests that are not within the
discretion of city staff. Conduct design review. Evaluates historic applications. Reviews
requests for land use plan changes and rezonings. Serves as Local Planning Agency to
review & advise Council regarding the City's Comprehensive Plan.
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
Yes, I observed the board meeting of February 21,2006. I observed the meeting structure;
. listened.to.meetin~agendaand discllssion.andreadJhe..preyjou8..meetings_minute....
3. What background and/or qualifications do you have that you feel would
qualify you to serve on this Board?
I have a Bachelor Degree in Computer & Information Systems. I am a resident of
Clearwater and a fulltime Real Estate Agent. I believe I know Clearwater well and I have
experience in land use, planning and zoning. I am currently the President of Florida Hmong
Community, Inc. in Clearwater. I work well with people. I am very involved in the Hmong
community and other communities in general to promote membership and goodwill and to
exchange ideas between the Hmong and other communities.
4. Why do you want to serve on this Board?
I want to be involved with the development and growth of the City of Clearwater and assist
our community in attracting new investment in keeping pace with our surrounding
communities while maintaining a quality standard of living.
In addition, I want to be able to assist existing companies, recruit new business and increase
opportunities for the City in capitalizing on economic development opportunities.
Name: Shawn Yang
Board Name: Community Development Board
Item # 37
Attachment number 8
Page 1 of 1
~
FLORIDA
HMONG
COMMUNITY, IN
A NON.I'ROFIT ORGANILUl()N
@@@@
13575 58th Street N. Suite 159 - Clearwater, FL 33760 - (727) 644-2899
RECEIVED
February 22nd, 2006
r;.1 2 <I 200S
To Whom It May Concern:
.)f-":,CiAL l-<tCORUS AND
tEGISIATlVE SRVCS DEPl
Re: Advisory Board for Community Board Development
DearSir/Madam:
I am interested in an Advisory Board member for the Community Development Board. I
am a resident of Clearwater and I have experience in Real Estate. I want to be involved
with the development and growth of the City of Clearwater and assist our community in
attracting new investment in keeping pace with our surrounding communities while
maintaining a quality of standard living.
In addition, I want to be able to assist existing companies and recruit new business and
increase opportunities for the City in capitalizing on economic development
opportunities. I am a community leader for the Florida Hmong Community, Inc. and I
enjoy helping people in the community and eager to network with other communities in
general.
I want to thank you in advance for your consideration.
Sincerely,
Shawn Yang
Item # 37
Name:
Attachment number 9
R~e1EIVED
DEe 02 2003
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident) OFFICIAL RECORDS AND
."i"-. LEGISLATIVE SRVCS OEPT
U A.N'\R. \-Jt=Nt-J~\
Home Address:
1'11-. S- E D(" G'u-J ~ eo..... \JIL~ \it
.
Cw; AI\. w"'"taL Zip ?~ lSS:
Telephone: 0-l9y t\4oo
How long a resident of Clearwater? 4 ~L<;
Occupation: NoteL- O'NNe;~
Field of Education:
E:,S it-.) P\~~\\Ec...\\J1\-C - Nv'vJ Y(J~
\ N s-r nv\"\; t:k lta'O-\' tSA- oc.- ""
\ C,l <{J - ,OJ ~-e,
If retired, former occupation:
Community Activities: CyA\\)...M~ 0;: 1cG6 w~l\.}loL ~IC\N) Mc;MhJL ~ lo- C, \ON'R-
Gr'A;""1bc<L o~ CrJMM~ ,F()\J~trQ rk Ct~"(\J'\L 4R- P~I'v\,,"^
Other Interests: t)(.)^~() M~b...,\\ rJl== Ve t-.J\'y~-nG ~D..r:w ~ ~ Il-/e- ~~ I1ALc.Y\1\-'\IA
Board Service (current and past): Board Preference:
'UXj~ CuA.:rr~_ ~, OJ\) COM"'" '(J\7e - c D PJ
Cu.A ,\\.. ""'" ~
Office Address:
~Me
Zip
Telephone: 44\. 31-~s
Employer: Sc\.....\=
Other Work Experience:
~ eslf\lC A~~ fJ\ANA~t>M~,
At--O !J...,~ ~PM~
Additional Comments:
.''-..... ~
Sign~ ~~
'\.
Date:
11. , ' \ o~
See attached list for boards that require Financial Disclosure at time of appointment. Please return
this application and board questionnaire to: Official Records & Legislative Services, P. O. Box 4748,
Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue.
Item # 37
Attachment number 9
Page 1 of 1
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
\LIe CD& IS Q.ec;p(J~lbu::; ~(}L Q..5\)\tJw ~ f'rfPfLovfC::L,.
cJi;:- ALL "2.0N\"-.)~ AW LAr-...O l>Se ISSUes ~ ~\~ o...ec.u~ M\}N()<)
ALe ~ )(1"\ I N COM. PUA-,.,)c....11 V0~
C \. )Q.\A'm t2.-(J'C1 U\ftl: \ONS
I
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
\)
le~.
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
\ ~ e-2\ wa A ~ ~lLte l t---) AIl.-CAJr l(~\, )/L,G AN{) ~
~oQ...kV'{) F'OL YR~C\.~ -}\S A0 ,b.,lL.c,u,Ruui ~ 'Sr-re M~t0~ c,lT\\- '. Aq~
MA~ )~c;GiL ~ JL~t>\.,0rcQ..., \ AM J\\..SQ A LAND ~
,
~Ij Sl "-J~<::::> Ol/'-.)t0\i--Q....
I~ lUf; C\'1'y at CL 15At\.,......) Pn\'~.
4. Why do you want to serve on this Board?
\ \bEL'PJ"~ IU.~\ Cl-e'AI\~~ IS OI'J A PK7\.lt t'~
~ lLo WIUI ~ \ """ \?O-d \.;\)V\ ~. o'r lLe kL.., t3S1 ~0 \ )A. \XJ 'v~ A.vO
\ WoV\..-\:) \.....\~ \(7 lAC'\..-\> \ZGtJ~ ~\ P\!\...\ CGe-A:l:L
AN:\ CO"-h\'Sl~ v...Jh'U """iL46 ~o~'S c+ ouL ConM\) t--l\\:1
Nam~ AW' b,-- '~eNN"'-',,:\
Board Name: C. U ?:J
Item # 37
Attachment number 10
Page 1 of 1
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: 12 'l:-I-IA~D ,4f/e.(...~6'N
Home Address:
"21:,70 ~s.P lU~ cT
c.l..6rtu.lAie~ FL Zip $3761
Telephone: 7Z7 - 7tl~ - 6701.
How long a resident of Clearwater? Z 7 YJZ.$
Occupation:~UW ITE&t
Field of Education:
_~~ A~I' t:.NG.
Office Address:
SA J.t\ G
Zip
Telephone:
Employer: A~L-SON f ~ 1t'J C-
Other Work Experience:
If retired, former occupation:
Community Activities:
Other Interests:
Board Service (current and past):
1A.1)1JI{;.Jf'A~ Col:16 ~1Jftl"(;~ ~p
Board Preference:
lAJt\Jt11J1J J1"r/ OEVELoPM~tvr ~A~
/
Additional Comments:
Signed: ~ ~
Date: ~/z.:; J"'"'
See attached list for boards that require financial disclosure at time of appointment. Please return this
application and board questionnaire to the Official Records & Legislative Services Department, P. O.
Box 4748, Clearwater, FL 337584748, or drop off your application at City Hall, 2nd Floor, 112 S.
Osceola Avenue.
RECEIVED
--"] 27 2005
OFFICIAL RECORDS AND
lEGISLATIVE SRVCS DEPT
Item # 37
Attachment number 10
Page 1 of 1
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
lUaqpL.V MA1TJ!!tt,S Jtl!~)? Tel' -pLAHflI"'~ ; '&>EIJ6~pwrellT. C,qpp~
P'l/JUG. U~/~4'.. C-tJ/l1t1V&(.J t:;1e~Jta,., J2.elll~"'" .VALUIT~ H~"p..1C-
/ I
A YPU~At1.DN '. ~1Il~ ~U'IT~ c:""Jt.- YNP IXE f'UIJ <:AJII1~ , J!!EZ4NI/Ih;$
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
f{~
3. What background and/or qualifications do you have that you feel would
qualify you to serve on this Board?
~~ Y~f
of. I~q, J~al/fU. L- f1t"e:rlC~
4 . Why do you want to serve on this Board?
-r; N6LP ~1U"5
~ ~Mtt1 VN If't' I /-tIN IN.
I
Name:
Board Name:
Item # 37
Attachment number 11
Page 1 of 1
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
':/ C~
K, .. fto9 (_0 U C;' IT
/1 _ Office Address:
Ht5 BE-. y fb
C2!-r:: rTR LlJtt- T f 1< Zip -33 / ~ )/
Telephone: V ~ . 3 \ 3 b 3 0 Telephone:
How long a resid,t of Clearwater? .3 '3 Y K i'
Occu pation: i... f Tl f!. kJ")
Field of Education:
8 U SIDE S<; ;J/1c (
Name: tJ of-.m t4
Home Address:/) _
17 c;c /~HTOI0
RECEIVED
APR 22 2004
OFFICIAL RECORDS AND
LiGISLATfv'! SRvcs OEPT
Zip
Employer:
Other Work Experience:. .
CD A-, T~ y--, T,- ( f..--i Y c )71!..!hfJ {JJ(~
- Dr 12 fL1Oi::.J
(::;~ r DOF-,'J) D1u1sro0
f/f()r< 7j E E (IVN S O)i)t::1!
V-f DIlZ I FT S!f(jf~ crt ~
PKubtfiv'- t1 INS. ~ 0
CfMT
If retired, former occupation:
Community Activities: [fI13 /n _'If E.
Board Service (current and past):
EA6
Board Preference:
QbJ3
Additional Comments:
!--,"OC)KfIJC f-Dk mOKL
TWhJI! E f/-iS i OFfl6~i'
Signed: / (11Qfl\UJ.Q J~' _
ItJrf--iCLsTLb fA) IItlc\/!fv1G kjc( (].B,
@HA-teE. /GG'( /vG OfIJ{)ll7Vtt/( ry
Date:
l{,;)! 0y
See attached list for boards that require Financial Disclosure at time of appointment. Please return
this application and board questionnaire to: Official Records & Legislative Services, P. O. Box 4748,
Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue.
Item # 37
Attachment number 11
Page 1 of 1
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and res onsibilities?
70 ~! v,vY ,-Iv, , ,/k~~O(\i~cr-
~~ ,~, Cl~. LUCutLQ. ltIJLUL~'-'lU-"-r ~
~.. -f--v ~ ~ s;.' QL.)J t~\~~~~JjvL.-<J
6-{J () ~ . ~ .
2. Have ~ou ever observed a board meeting either in person or on C-View, the
Citf} TV station?
'+crt- iRs ~ +- ~ , 11~ .f-((A, ..( {D--~
~~V CLQ 0 Cots I?WQ'*-1~1~ O~ Q -Ur-<2lt/,
,I
,\
3. What background and/or qualifications do you have that y~u feel would qualify
you to serve on this Board?
r ~
~Q~ ~ "7Jn L-. If.. On JIlT-- ,) / [' / Ii j" J
j-- .~. U~L _ j d~~ 0/ 'F; \C.MC(' -tv cX-lkJt) ~ ':
~ CJfv\^"n'-;1: (~ ~~) t~,f- f~j cf "lfl.W1Ci- ';
LucrLl j s~-d- ~~':'1 ~ (tT~ S~\J'YS, ~\i)-G-(',fc~'t I~~~~
'33 ~ S"-'V~ ~~W:o Uvw,~"-~ ~\\<; ~ ~~'\ "~
~~k r\-~ J~.
4. Why do you want to serve on this Board?
~.. c~~ ~\ I\~
('
, ., Ii
N\~ A!\l UC_~ ,
-
Name: ~OKmr1 K~ Ck:.LDuC /+
Board Name: Q D 8
Item # 37
Attachment number 12
Page 1 of 1
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: ~ ()ro t)'\~~~\)\ ()
~ome Address: Office Addres~:
~~O 0'C\)~tL~d W ~o.c-'Qrao...~ \L\:~::, ~ ~C\L
0Lbr ~'- Zip"3~I~ ~'-~ TL Zip~~lC:S~
Telephone:3~J- ~"C;L~.C\C\.l,s)~ Telephone: '1~\- 4lt\-~Il.tC'\
How long a resident of Clearwater? ~ "" rS
Occupation: (I c.-.'C~~r 'r; /t\. _.\r.-. ~. EmployeN- \Y\.,...... 1\~ ~~~
Field of Education: O~r Work Experience: \... ;.:)~ ~c
~. A,f\ ~cl.-. E.-is ~~"" ~~v-d<\,-A-
~ fv)'~C'I'
If retired, former occupation:
Community Activities:~c '" , ~ -S~-z.-z- ~\:c,.:)"~,*,, ~ Irt.vv.
l'- --. &. \. 1 V
'--.:>'.>->v ~~ ',,,-\.,~~~~,~ (\'\~ ~ \ o.y<:> cP h.4Ov-~ \,.l~-t'"\
."3-.4 ~ ~ .. I
Other Interests: . . G ~r'" ~\!...r'
. \ <~~ -Sc.~:::::::'6'" . ~
Board Service (current and past): Board reference:
-~=-~""-
\)-\\r- Ec~). ~\~rcS)
c~
RECEIVED
.':1 25 200S
0F"'C/)\t V<ECURDS AND
lEGISLATtVE SRVCs m:PT
Additional Comments:
Signed:~~Oo~SPoRD .
Date:~ - ~~- C G
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.
Item # 37
Attachment number 12
Page 1 of 1
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
c---."" ~ ~1~'(~ ~ Qo N\~~ ~ ~\)
~'J~~ ODe- Q.~,-\~, \~ ~ ~~ ~~~\-l~
W~-^"\. "~,~c:::.~Sti..~,~~ o-~ ~
,\ -.::::i}~
~. Q...I~. \~,""->- ~..Q....\~
,.Q..d,,,",o. ~ ~
2, Have you ever observed a board meeting either in person or on C-View, the Cit
TV station?
\
~~
~~
~~ ~. o..\\. ~
~-C-~C-\~~~_ ~
~ o.,~v '--
^ . t..~
(~~.~*,. \ \ o.,~vro.......
3. What background and/or qualifications do you have that you feel would qualify you
to serve on this Board?
~~~ \~.\~
., \
C',,~~\~ \,ve-
,
NO--^'\ \..\ \ "\Jo\~,
\.
~" d(k..)^~~t"\.-
\,,~
C-lu '.-- A r-c...o-
4. Why do you want to serve on this Board?
~"'o ~ "Q"-- ~,.:.-~, tr"0...2, ~"-. ",-,,>J.
C::>U ~(('o.r-\- o'-'~ ~().,.r o..~Jt. 'v\\~ E?-U"cw--8
~~ ~a~\.~ ~~ ~~ o~ ~\\.Ur ~ 1'^0-~ Our
~v-'L().... ~ "~~\.o.~__ ~t) '-~ \ ~L.
Nam~O(L~-~~(t\~
Board Name:
"-
'. "
Item # 37
Attachment number 13
Page 1 of 1
RECEIVED
CITY OF CLEARWATER - APPLICATION FOR ADVISOR)OBbAR168Jt
(must be Clearwater resident)
()fFi(':II\L i<ECO!<DS ANI.)
I.ECi:';lATiVE SRVCS DEPY
Name: Robert P. Fernandez
Home Address:
301 N. Hillcrest Drive
Clearwater. FL Zip 33755
Telephone: (727) 461-7674
How long a resident of Clearwater? _21 yrs.
Occupation: Retired
Field of Education:
High School. and courses at Niagara Commun.
College and Bryant & Stratton Business
College
Office Address:
Zip
Telephone:
Employer:
Other Work Experience:
Consultant in establishing community
markets in the state. Worked with
developers in establishing sites for retail
locations while employed with a maior
corporation before retirement.
Ifretired, former occupation: Vice President Ot>erations. Convenient Food Mart stores
Community Activities: Volunteer Friends of the Library book store: General Manager of
Downtown Clearwater Farmer's Market
Clearwater Main Street Joint Venture active member. Regularly attend
state Quarterly meetings.
Other Interest:
Board Service (current and past):
Downtown Development Board current
City Design Review Committee past
Enterprize Zone board current
Jolley Trolley Board Member current
DirectorFl. Assoc. of Community Farmer's
Markets
Board Preference:
Community Development Board
Additional Comments:
Active oarticipant and event planner in Clearwater community
SigDl<JZJdl]);~~ Date: &C:t ~ Of
See attached list for the boards that require Financial Disclosure at time of appointment. Please
return this application & board questionnaire for each board listed to: City Clerk's Department,
P.O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola
Avenue
Item # 37
:::
Attachment number 13
Page 1 of 1
BOARD QUESTIONAIRE
1. What is your understanding of the board's duties and responsibilities?
Familiarity with development and zoning requests as well as land use plan changes and rezoning.
Also serves as a member of local planning agency.
2. Have you ever observed a board meeting either in person or on C-View, the City's TV station?
Yes - C- View and in person.
3. What back-ground and/or qualifications do you have that you feel would qualify you to serve on
this Board?
Knowledge of city and Clearwater's Visions and Values with experience as an executive and
decision-making ability..
4. Why do you want to serve on this Board?
I feel I have the advantage of insight in all city government operations relating to important city
development matters. Since I am retired I have the time and dedication and integrity to serve on this
board. I would not gain personally as I am not involved in any maior real estate. consultant or
development opportunities. Am very interested in taking part in the planned development to lead
Clearwater into the future and would review each issue before the board with due diligence..
Name: Robert P. Fernandez
Board Name: Community Development Board
Item # 37
oT
Attachment number 14
Page 1 of 1
'.
CITY OF CLEARWATER - APPLICATION FOR ADVISORY ~~QE I V E D
(must be Clearwater resident) JUN 20 2001
Name: tIn G MU Ej OITY CLERK DEPARTMENT
Home Address: Office Address:
l~s- 0 f!,~ Gf ())() 0 fJ Sf.
CJLW f( zip337SS- Zip
Telephone: 7';) 7 - t//~ ...... ,'gfc.fS- Telephone:
How long a resident of Clearwater? . ,} ( ~.LA.x1
Occupation:.-l'J /()~ Employer:
JJ4-S ~~
,'F:
If retired, former occup
Community Activities:
6~,
........
Other Interests:
Board Service (current and past):
L I/;/( !flY /5/J f~ f)
Board Preference: ~ ~
eMl/rfUV;u~
Additional Comments:
Signed:
Date:J - /9 - () 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
V'V/o'J.- ILu-p OvLJ~
Item # 37
,
Attachment number 14
Page 1 of 1
BOARD QUESTIONNAIRE
r
.
1. What is your understanding of the board's duties and responsibilities?
,/' -fll.-- \
I .~ U-R-,
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
Jf.<1 - me-VIM
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board? ...
1~-i!.e~1A ~~
4. . W... hy do YO.u w.. ant to serve .on thiS. ~. !~~
~~A~ . ~... __(
J~~'i-
Name:
Board Name:
tl')/J
Item # 37
Attachment number 15
Page 1 of 1
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: Douql~s L. Hilkert
Home Address: OffIce Address:
2227 Habersham Drive
2557 Nurserv Road, Suite A
Clearwater, FL
Zio 33764
GJ.eBrwater. FL
Zip 33764
Telephone: (777 \ ~2~-14~9
How long a resident of Clearwater?
Occupation: Attorney
Field of Education:
Telephone: (727) 507 -9 5 59
4~ years (25 plus in pinellas County)
Employer. Dougl's I Uilk'ilrt P 1
Other Work Experience:
B.A. Southern. Nazarene University
J.D. St@tSgn Univ@r8itv C~ll@a@ ~f Law
If retired I fanner occupation:
Community Activities: Chairman Planning a.nd zoning Board; Vice-Chairman
~n~r~~r ~AviA~ ~nmmi+'+'AA
Other Interests:
Board Service (current and past):
p & z
Board Preference:
COB
Charter ReV'ielll'
Additional Comments:
S~ned: :J;L
Date:
February 15, 1999
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire fOf each board listed to:
City Clerk's Department, Po O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
\ I 1'1/0 I - \J~;l-i;'ed
111~/()d- - II
covt+i",u -ed \vr-\-ere.s+
II 11
Item # 37
Tn/Tn ~t:"\H..J
'~~"',TU " CH,,,,nn,"T
C1JC_}(H":_,"?/
In-OT CC~T/~T!7n
Attachment number 16
Page 1 of 1
CITY OF CLEARWATER - APPLICATION FOR ADVISORY Bo~EIVED
(must be Clearwater resident) MAY 2 8 200~
Name:William L. Johnson
Home Address:
479 East Shore Dr. #1
Clearwater
Office Address:
OFFICIAL RECORDS AND
LEGISLATIVE SRVCS DEPT
Zip33767
801 West Bay Dr. #406
Largo, FI.
Telephone:641-3444
Zip33770
Telephone:44 7 -0861
How long a resident of Clearwater?20 years
Occupation: real estate
Field of Education:
Employer: self
Other Work Experience:
First Federal S&L of Tarpon Springs,
1970-1980, left as Exec. V-P, Rutenberg Corp._
1980-1991, Exec. V-P, in charge of real estate_
self-emploved in real estate brokeraqe and commercial development since then.
Univ, of S. FI. BA, Business 1973
Community Activities:Planning and zoning board, city of Clw, and Community Dev, Board
Other Interests:running, exercise
Board Service (current and past):
P&Z, Community Dev. Board
Board Preference:
COB
Additional Comments:
Date: p~1
See attached list for ards 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 J;\venue.
Item # 37
Attachment number 16
Page 1 of 1
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
_Since I was a member of this board previously I fully understand the duties and
responsibilities of the COB board.
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
_To many times to count_
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
Since I am in the commercial real estate and development field, I deal with
engineers, attorneys and planners, tenants and other developers on a daily basis. I
also deal with other city governments, county government throughout the state. I
have lived out on the beach for the past 20 years, financed many homes in
Countryside while at the bank and developed many homes and office building and
the north wood plaza area while at Rutenberg. Recently helped in the redevelopment
of LaBelle Plaza, Publix, at highland and Belleair.
4. Why do you want to serve on this Board?
First and foremost to give back something, my time, to the community and help
forge the city into the place I want to live the remainder of my lifetime. I also enjoy
the interaction with the other board members and the sometimes tough decisions
we are asked to make. I also like to know what is going on in the city and the COB
board is next to being on the commission and I don't think the public could take
two Bill Johnson's on the board. Even though some people said that they did vote
for me this last election, Bill Jonson., they didn't notice the name difference.
Name: Bill Johnson (William)
Board Name:_ Community Development Board
Item # 37
SUBJECT / RECOMMENDATION:
City Manager Verbal Reports
SUMMARY:
City Council Agenda
Council Chambers - City Hall
Meeting Date:2/15/2007
Review Approval: 1) Clerk
Cover Memo
Item # 38
SUBJECT / RECOMMENDATION:
Other Council Action
SUMMARY:
City Council Agenda
Council Chambers - City Hall
Meeting Date:2/15/2007
Review Approval: 1) Clerk
Cover Memo
Item # 39
-II
J t
x~
~~
CLEARWATER CITY COMMISSION
Meeting Date: 2.1/:) I (j 7
Item # 0
As stated in Commission Rules, "Representatives of a group may speak for three minutes
plus an additional minute for each person in the audience that waives their right to speak, up
to a maximum of ten minutes."
Weihe undersigned designate -J~',).J''rl WI" C \! ,\ L+-(
as our spokesperson and waive our right to speak.
(please print)
i
~FI;U
Print Name
I
V/1fa!{J~~~
Signa r .
~,-J~U1Gi'Z Jc9t-1/J~DJ
Signature
- '
-;' J ':Y1IJ1Vf~
Bignature
t2~ fJ (Gltd~
prin. ~.rNa. J{. .
/I) ~2n.~
. . /
\
---J.
Print Name
Signature
Print Name
Signature
Print Name
Signature
Print Name
\\CH3\CLERK\FORMS\Public Comments at Com Mtg.doc
9700-0034
Jan 9, 2002
Morningside-Meadows
Horneownel's' Association
Pre,~idellt
Mary McGarvey
VP, Membership
Joe Evich
Rec(mlillg Secretary
Bob Barry
Correspmulillg Secretary
Nolecn Naude
Treasurer
Bill Zimmerman
Area Diredors
Scott Hale
Walter Johnson
Newell Phipps
Art Finn
Martie Henderson
John Quattrocki
Mark Blallchard
Carl & Ofelia Rosati
Neighborhood lliatell
Coordinator
Phoebe Moss
Al'ca Captains
Mary Schutt
Dorothy Palmieri
Pam McCann
Holly Baumann
Green Thumb Ht)tJillt!
Lisa Delorenzi
Jack Moss
Arlene Wallace
Newsletter Staff'
Editor
Shirley Headington
Advertising Manager
Bill Headington
,'fJ--!""
Qy()\~\. ~
o~" ~ ttry
January 18, 2007
\Villiam Horne
City Manager
City of Clearwater
P.O, Box 4748
Clearwater, FL 33758-4748
Dear Mr. Home,
I am writing to you on behalf of the Morningside-Meadows Homeowners' As-
sociation (MMHA) Board to state our official position with regard to the City of
Clearwater's plans for reclaimed water.
As you know, the MMHA has been in close communication with city staffers
in an effort to learn as much as we can about the program. By hosting city ofl1-
cials at our association meeting and communicating with our members via news-
letter and the website, we have worked diligently to keep residents informed. We
are also appreciative of the eff()rts by the city to educate the neighborhood on the
benefits of the program.
In the meeting on December 6, 200G, during discussion of Reclaimed Water,
there were questions fi'om residents concerning the exemption as outlined in Sec.
32.880, The representatives from the city advised attendees that the Publ.ic
Works Department will make a recommendation to the Council which mayor
may not include changing the ordinance. The rcpeal or revision aIid the interpre-
tation of this ordinance arc of great interest and concern to our residents.
As the ordinance stands, should the city go fi.nward with plans to bring re-
claimed watcr into the Morningside-Meadows neighborhoods, residents who have
\vorking wells (and do not wish to use reclaimed water) would be exempt from
the "Availability Fee", Please be advised that as representatives ufthe residents
of Morningside-Meadows, the Board has voted to oppose the removal of this
exemption. Further, with regard to our original dispute regarding the definition
of wells, let me clarify by reiterating what the position of the association is, Le"
Our position is that the cost for reclaimed water should be the responsi-
bility of those residents who chose to use it, not the responsibility of aU.
We believe reclaimed water should administered as is natural gas, if you hook up
to it, you should pay for it, if you do not, you should not. This includes any and
all peripheral, or "Availability" fees.
Sincerely.
'-/~!b,{J1itra-M~1-'
Mary McGarvey (
President