04/15/2004
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City Council Agenda
Date: 04/15/2004 6:00 PM
Location: Council Chambers - City Hall
Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then
state your name and address. Persons speaking before the City Council shall be limited to three (3)
minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding
items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an
additional minute for each person in the audience that waives their right to speak, up to a maximum
of ten (10)minutes. Prior to the item being presented, please obtain the needed form to designate
a spokesperson from the City Clerk (righthand side of dais). Up to thirty minutes of public comment
will be allowed for an agenda item. No person shall speak more than once on the same subject
unless granted permission by the City Council. The City of Clearwater strongly supports and fully
complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior
to the meeting if you require special accommodations at 727-562-4090. Assisted Listening
Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting
devices during the meeting.
1 Call to Order
2 Invocation
3 Pledge of Allegiance
4 Introductions and Awards:
5 Presentations:
5.1 Proclamation - Municipal Clerks Week.
5.2 FDOT update re: Memorial Causeway Bridge
5.3 Neighborhood of the Quarter
6 Approval of Minutes
6.1 City Council Minutes April 1, 2004
7 Citizens to be Heard re Items Not on the Agenda
Public Hearing - Not before 6:00 p.m.
8 Administrative public hearings
- Presentation of issues by City Staff
- Statement of case by applicant or representative (5 min.).
- Council Questions
- Comments in support or opposition (3 min. per speaker or 10 min. maximum as
spokesperson for others that have waived their time).
- Council Questions
- Final rebuttal by applicant or representative (5 min.)
- Council disposition
8.1 Approve the applicant's request to vacate a portion of First Street East, a drainage and
utility easement lying within a vacated portion of First Street East and a utility easement
lying in a vacated portion of Chautauqua Boulevard, all more particularly described in
Exhibit "A" attached, located in Chautauqua Unit 1, Section A, and pass Ordinance
Number 7288-04 on first reading, 0JAC 2004-03 Dimmitt),
9 Quasi-judicial public hearings
Staff states and summarizes reasons for recommendation (2 minutes).
Applicant presents case, including its testimony and exhibits. Witness may be
cross-examined (15 minutes).
Staff presents further evidence. May be cross-examined (10 minutes).
Public comment (3 minutes per speaker or 10 minutes maximum as spokesperson
for others that have waived their time).
City Council discussion, and may question any witness.
Applicant may call witnesses in rebuttal (5 minutes).
Conclusion by applicant (3 minutes).
Decision.
10 Second Readings - public hearing
10.1 ADOPT Ordinance Number 7252-04 on second reading approving the Petition for
Annexation for a portion of the First Street East Road right-of-way (the southerly most
163 feet of the First Street East Road right-of-way in Section 32, Township 28 South,
Range 16 East).
10.2 ADOPT Ordinance Number 7281-04 on second reading approving the Initial City
Future Land Use Plan designation of Residential Suburban (RS) for a portion of the
First Street East Road right-of-way (the southerly most 163 feet of the First Street East
Road right-of-way in Section 32, Township 28 South, Range 16 East).
10.3 Adopt Ordinance Number 7282-04 on second reading APPROVING the Initial City
Zoning Atlas designation of LDR, Low Density Residential, for a portion of the First
Street East Road right-of-way (the southerly most 163 feet of the First Street East
Road right-of-way in Section 32, Township 28 South, Range 16 East).
10.4 Adopt Ordinance Number 7287-04 on second reading, approving the applicant's
request to vacate the 10-foot drainage and utility easement lying adjacent to and along
the south side of the 100-foot Florida Power Corporation easement located on Lot 26,
Elysium, Phase I (A.KA 2944 Chancery Lane). 0JAC 2004-01 Freedman)
City Manager Reports
11 Consent Agenda
11.1 Authorize the City to initiate foreclosure proceedings at this time, and/or in the future if
warranted, on the property located at 1116 Howard Street, Clearwater for non-payment
and non-responsiveness of a City Housing Loan.
11.2 Extend an existing lease agreement with Xerox Corporation, Tampa, FL from
December 30, 2007 to May 31, 2008 and increase the award from $640,000 to
$890,000 for the lease of 11 additional digital copiers in accordance with Section 2.564
(1 )(d) Code of Ordinance - Putnam County contract numbers 071398105 and
071736300.
11.3 Approve a three-year operations agreement, with a three-year renewal option, with
Raven of Tampa, Inc. d/b/a Joffrey's Coffee Company, for a cafe in the new Main
Library and authorize the appropriate officials to execute same.
11.4 Approve the Work Order to PARSONS for design engineering services for the first two
digesters in the Digester Refurbishment phase of the Biosolids Treatment
Implementation project at the Northeast and Marshall Street AWTP facilities in the
amount of $254,351 ,and that the appropriate officials be authorized to execute same.
11.5 Approve the final plat for "Downtown Lofts", located at 100 North Martin Luther King
Junior Avenue,
11.6 Approve the final plat for "Laura Street Townhomes", located between Laura and
Grove Streets about 400 feet east of Myrtle Avenue,
11.7 Approve a contract with Mount Carmel Community Development Corporation of
Clearwater, Inc. to sell the South % of Lot 6 and all of Lot 7, GREENWOOD MANOR,
for the total sum of $18,000, and that the appropriate officials be authorized to execute
same.
11.8 Authorize settlement of legal action brought against Metal Culverts, Inc., to recover
money on account owed for gas consumption.
11.9 Request for Authority to institute a civil action against David Foderingham to recover
$2,163.00 for damage to City property.
11.10 Appoint Commission members as representatives on the Regional and Miscellaneous
Boards listed below.
Purchasing
11.11 Gas Material - Meters and Regulators during the contract period: May 1, 2004 through
April 30, 2005.
11.12 Gas Materials - Meters and Regulators during the contract period: May 1,2004 through
April 30, 2005.
Appointments
12 Other items on City Manager Reports
12.1 Pass ordinance 7280-04 on first reading, which will amend the City of Clearwater
Ordinance relating to fees for services provided by the Police Department.
12.2 Approve the Pinellas County lnterlocal Mutual Aid Agreement concerning Traffic
Accident I nvestigations and Traffic Enforcement and adopt Resolution #04-08
authorizing the appropriate officials be authorized to execute same.
12.3 Approve the New Construction chapter of the Downtown Design Guidelines.
12.4 IAFF Union negotiations update.
13 City Attorney Reports
14 City Manager Verbal Reports
15 Council Discussion Items
15.1 Prohibited uses on Clearwater Beach
16 Other Council Action
17 Adjourn
CITY OF CLEARWATER
Interdepartmental Correspondence
TO: Mayor and Councilmembers
Cyndie Goudeau, City Clerk ~ J{
SUBJECT: Follow up from April 12, 2004 Work Session
FROM:
COPIES:
William B. Horne, City Manager
DATE:
April 13, 2004
In response to questions raised at the April 12 Work Session, the following answers
are provided in final agenda order:
Item #8.1 - Ord 7288-04 - Request to vacate a portion of First Street East (revised
item changing north to east)
Item #11.4 - Work Order to Parsons for design engineering services - A question was
raised regarding a break down of the cost. A break down of the cost included in the design
services by Parsons for the biosolids treatment is provided with the item.
A question was raised regarding the useful life of the construction. The useful life of
the concrete tanks are approximately 50 years; the life of the mechanical equipment is in the
25-30 year range, depending on the environment
Item #11.10 - Regional Board Appointments - Revised to correct term dates; added
Main Street Joint Venture, and provided memo regarding appointments to Pinellas WorkNet
and EMS Advisory Board.
Item #12.1- Ordinance 7280-04 - amendment relating to fees for services provided by
Police Department - A question was raised regarding Letters of Good Conduct. - A Letter of
"Good Conduct" is a criminal history check by the Police Department for citizens needing
documentation for items such as; adoptions, military entrance, and occupational licenses.
A question was raised regarding permits and regulations for limousines. -
Development and Neighborhood Services require Limousine Service owners/operators to
have a background check performed by the Police Department when they apply for an
occupational license. The vehicles are not inspected.
~
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1608 N. Osceola Ave.
Clearwater, FL 33755
october 31, 2001
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Mr. Bill Horne
city Manager
Clearwater city Hall
During our most recent conversation. 1 agreed to meet with Jeff
Kronschnabl and report back to you prior to initiating litigation.
Thus 1 scheduled an appointment. via Jeff's assistant, for Monday
afternoon. Another associate phoned me Monday morning to reschedule
for next week, citing the unavailability of the inspector, who
apparentlY maintains exclusive control of the file on my property. I
explained my plan to visit you afterwards. so Jeff reconsidered.
Dear Bill:
Also attending were two colleagues, paula Chaplinsky and Bob
Hall, who, contrary to Jeff's better judgement, raised a number of
ancillary issues, but who did produce some of the supposedlY
unobtainable documents. Rising to the bait. 1 responded with
statements and follow up questions. unfortunatelY, Jeff unfairlY
characterized some of my queries as inflammatory and time-wasting
rather than informational.
The wide-ranging discussions produced few agreements or narrowir
of the issues. and after about forty-five minutes, Jeff announced th.
the meeting would end in five minutes. and advised me to choose my
requests and questions carefullY. After about another forty-five
seconds Jeff terminated the meeting and asked me to immediatelY leav'
The question that prompted his brusque response was, "do you know of
any exceptions to the public records law that would justify your
denial of my access to the current training materials?"
One of the agreements was that we'll both be pleased when one c
us leaves town. I volunteered, but onlY to Dunedin, Largo, Belleair.
or unincorporated enclaves, which, according to Jeff, is not far
enough away for him. For me, life is too short for this type of
aggravation.
Therefore 1 hope you earnestly consider proposals to abolish t
practices and procedures in code enforcement, which, in my view, ar
unfa,r and unlawful. In any case, 1 maintain the decision made year
ago, prior to my first lawsuit, not to invest in any more clearwate
property or businesses until things change.
Sincerely,
2-=- ~~d,--
~m Fi cken
p. S. 1 was once tossed out of a soccer game. and once out of a ba
but never before out of a bureaucrat's office.
Tracking Number: 479
City Council
~""""",,"",",w~g"~"ndaw~.Q.~.~.!:..~,.~.!!!~!!.~du m
Actual Date:
Subject / Recommendation:
Service Awards
Summarv:
The following employees be presented with service awards for their length of service in the
employment of the City of Clearwater:
BACKGROUND:
5 Years
Lawrence J .Labus
Tracy M. Jaeger
Cherise N.Sarnoff
Scott D. Smith
Paul E. Bertels
Nicole A.Elmore
Ted Strand
10 Years
Louise M.Schult
John J.Witkowski
Jimmy R. Wrenn
David W. Roberts
Frederick J.Belzel
15 Years
James A. Houck
David D. Dornbusch
20 Years
Eleanor R.Breland
Dane K. Whitt
Lawrence G. Gallop
25 Years
Gary M. Costa
Lois K. Klein
Gregory R. Olson
30 Years
Jimmie L. Lynn
Herman A. Pittman
Parks &Recreation
Police
Parks &Recreation
CustomerService
Engineering
Gas
Solid Waste General Services
Police
Development &Neighborhood Services
Public Services
Public Utilities
Solid WasteGeneral Services
Police
Solid Waste GeneralServices
Equity Services
Gas
Engineering
Fire
Library
Public Utilities
Parks& Recreation
Fire
Originating: Human Resources
Section Consent Agenda
Category: Other
Financial Information:
~ Other
Review Approval
Cvndie Goudeau
Garrv Brumback
Bill Horne
City Council
~__~jlenda "C5!!"~"~,,,~.~*!!!.,5!*~~~ nd u r!L"*<<.w.*..,,,*_*~~~O#'O#""''''''
04-05-2004 10: 19:49
04-02-2004 14:05:06
04-02-2004 16:20:55
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City Council
Cover Memorandum
~,I
Tracking Number: 496
Actual Date: 04/15/2004
Subject I Recommendation:
Approve the applicant's request to vacate a portion of First Street East, a drainage and utility
easement lying within a vacated portion of First Street East and a utility easement lying in a
vacated portion of Chautauqua Boulevard, all more particularly described in Exhibit "A" attached,
located in Chautauqua Unit 1, Section A, and pass Ordinance Number 7288-04 on first reading,
(VAC 2004-03 Dimmitt),
Summary:
* Applicant is seeking the vacation in order to plat 46 single family lots in a new subdivision to be
known as Lake Chautauqua.
* The two easements to be vacated are located in vacated portions of Chautauqua Unit 1, Section
A subdivision.
* Bright House Networks, Knology, Progress Energy and Verizon have no objections to the
vacation of the street portion and easements requested.
* No city utilities are located in the areas proposed to be vacated and easements will be required
as needed for the proposed plat.
* Public Works Administration has no objections to the vacation request.
Oriainatina: Engineering
Section: Administrative public hearings
Cateaorv: Vacation of Easements and Rights of Way
Number of electronic documents attached: 3
Public Hearing: Yes
Advertised Dates: 03/28/2004
04/04/2004
Financial Information:
Review Approval
Michael Quillen
Bryan Ruff
03-23-2004 08:26:17
04-05-2004 08:36:59
03-24-2004 14:53:55
04-02-2004 13:57:35
03-26-2004 16:25:25
04-02-2004 16:23: 16
Cvndie Goudeau
Frank Gerlock
Garrv Brumback
Bill Horne
ORDINANCE NO. 7288-04
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING, A PORTION OF THE 60-FOOT
RIGHT-OF-WAY OF FIRST STREET EAST DESCRIBED
AS COMMENCING AT THE SOUTHEAST CORNER OF
LOT 14, BLOCK 43 OF CHAUTAUQUA UNIT 1, SECTION
A, AND VACATE THE DRAINAGE AND UTILITY
EASEMENT DESCRIBED AS THE NORTH 20 FEET OF
THE SOUTH ONE-HALF OF VACATED CHAUTAUQUA
BOULEVARD LYING NORTH OF LOT 39 OF SAID
CHAUTAUQUA UNIT 1, SECTION A, BOUNDED ON THE
WEST BY THE NORTHERLY EXTENSION OF THE WEST
LOT LINE OF LOT 24 OF SAID BLOCK 39 AND VACATE
THE UTILITY EASEMENT DESCRIBED AS THE EAST 10
FEET OF THE WEST 12 FEET OF VACATED FIRST
STREET EAST LOCATED BETWEEN THE NORTH
BOUNDARY OF VACATED CHAUTAUQUA BOULEVARD
AND SOUTH BOUNDARY OF VACATED FIRST AVENUE
NORTH BETWEEN BLOCKS 40 AND 41 OF SAID
CHAUTAUQUA UNIT 1, SECTION A.; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Larry H. Dimmitt, Jr., owner of real property located in the City of
Clearwater, has requested that the City vacate the right-of-way depicted in Exhibit A
attached hereto; and
WHEREAS, the City Council finds that said right-of-way 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:
a portion of the 60-foot right-of-way of First Street East described as
commencing at the southeast corner of Lot 14, Block 43 of Chautauqua
Unit 1, Section A, as recorded in Plat Book 9, Page 52 of the Official
Records of Pinellas County, Florida, for a Point of Beginning, thence S 000
01' 33" W a distance of 163.20 feet, thence S 890 42' 28" E a distance of
60.00 feet, thence N 000 08' 59" a distance of 163.39 feet, thence run NO 89
46' 59" W 60.00 feet to the Point of Beginning, and vacate the Drainage
and Utility Easement described as the north 20 feet of the south one-half of
vacated Chautauqua Boulevard lying north of vacated Block 39 of said
Chautauqua Unit 1, Section A, bounded on the east by the west boundary
Ordinance No. 7288-04
line of a vacated portion of Lake Shore Drive and on the west by the
northerly extension of the west lot line of Lot 24 of said block 39 and vacate
the utility easement described as the east 10 feet of the west 12 feet of a
vacated portion of First Street East located between the north boundary of
vacated Chautauqua Boulevard and south boundary of vacated First
Avenue North between vacated Blocks 40 and 41 of said Chautauqua Unit
1 , Section A
is hereby vacated, closed and released, and the City of Clearwater releases all of
its right, title and interest 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
Brian J. Aungst
Mayor
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7288-04
~~ EXHIBIT tlA"
Scale 1"=225'
NORTH
\
First Street r
~
East Portion ('"\
I-------- 59 2- 596 - i - h (j)
9 :J:
262~;ij~ IJi "' nll};U W~ ~ " !" 2 , 0
10 ?J
8 [""\
21 20 16 ~ r:
\ " , S "0 'A'''''' ry i ! / 3 '- 7
4 5 0
1 '-- il:l., I 'II r. h 6 ~
<7'-0 <
AVE I fTl
SECOND N I
CHAUTAUQUA UNIT 1 60' '/ 1 0 9 8 / /
2 20 ~9 / 24/02
8ECTIONASOUTH OF 26 25 24 23 22 1 (, 18 17 16 15 14 r.. 7
I -~--Y ~ \.;: 6 /
1 2 3 4 5 6 7 8 9 10 11 12 13
VACATED 1 2 3 4 5
~ ~ ,.
FIRST AVE , N
8 7 6 /
26 25 24 23 22 21 20 19 18 17 16 15 14 5 /
~ (';'. ~
1 2 3 4 5 6 'i 8 9 10 11 12 13 1 8' 4 /
I - 10=- ~
CHAUTUQUA BLVD O.R. 3093-733
11'. 'f 1 Utility Easement
19~
34 33 32 31 30 29 28 27 26 25 24 23 22 21 20 18
/..
~:'l 17 /
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 /
O.R.4463-1889
FIRST AVE S Drainage and
18 / Utility Easement
32 31 30 29 ~8 27 26 ~ 24 23 22 21 20 19 17 /
1 2 3 4 5 6 7 89 10 11 12 13 14 16 /
r;5/
SECOND AVE S
City of Clearwater, Florida
Public Works Administration/EnQineerinQ
Vate City of Clearwater UWv, NU.
11/03/03 Vacation Reauest VAC 2003-11
urawn "Y 1) Part of First Street ~neet
S.K. 2of6
cneCkeo "Y 2) Utility easement OR 3093-733 ~ec-Twn-Kng
S,D_ 3) Drainage and Utility Easement 28-28S-16E
lJ110" O.R. 4463-1889 UrOmance
212A 7288-04
Location Map
Scale 1"= 1,200'
NORTH
\J
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Dale
03/19/04
City of Clearwater
Vacation Request
Drawn By
S,O,
Sheet
1016
Sec- Twn-Rng
32-28S-16E
Vacate Part of First Street
East, drainage and utility
easement along vacated First
Street and utility easement
along Chautauqua Blvd,
Checked By
S,O,
Grid #
~44~
Ordinance
7288-04
~ Clearwater
~ :~;::~;~;;::'':;::::::~;:1;:~:-~
v.....,:,..r'-J"<::"r.""",~"..;:.,
City Council
2nd Reading i
Agenda Cover Memorandum
Tracking Number: 528
Actual Date: 04/15/2004
Subject / Recommendation:
ADOPT Ordinance Number 7252-04 on second reading approving the Petition for Annexation for
a portion of the First Street East Road right-of-way (the southerly most 163 feet of the First
Street East Road right-of-way in Section 32, Township 28 South, Range 16 East).
Oriqinatinq: City Attorney
Section Second Readings - public hearing
Cateqory: Other
Number of electronic documents attached: 1
Public Hearing: Yes
Advertised Dates: 02/29/2004
03/28/2004
04/04/2004
Finanr.iallnformation:
~ Other
Review Approval
Prlm Akin
03-31-2004
12:04: 16
Cvndie Goudeau
04-02-2004
10:59:29
10 .,
ORDINANCE NO. 7252-04
2nd Reading
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE
SOUTHERLY MOST SECTION OF FIRST STREET EAST,
APPROXIMATELY 100 FEET SOUTH OF SECOND AVENUE
NORTH AND 600 FEET EAST OF CHAUTAUQUA AVENUE,
CONSISTING OF 0.22 ACRES OF ROAD RIGHT-OF-WAY IN A
PORTION OF FIRST STREET EAST (60-FOOT RIGHT-OF-WAY),
WHICH IS UNADDRESSED, 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 COMMISSION 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
(ANX2003-12033)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission 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
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7252-04
IG.d--
City Council
2nd Reading a.
-'
Agenda Cover Memorandum
Trackinq Number: 529
Actual Date: 04/15/2004
Subiect / Recommendation:
ADOPT Ordinance Number 7281-04 on second reading approving the Initial City Future Land Use
Plan designation of Residential Suburban (RS) for a portion of the First Street East Road
right-of-way (the southerly most 163 feet of the First Street East Road right-of-way in Section
32, Township 28 South, Range 16 East).
Originating: City Attorney
Section Second Readings - public hearing
Cateqory: Other
Number of electronic documents attached: 1
Public Hearinq: Yes
Advertised Dates: 02/29/2004
03/28/2004
04/04/2004
Financial Information:
~ Other
Review Approval
Pam Akin
03-31-2004
12:06:34
Cvndie Goudeau
04-02-2004
11 :00:26
ORDINANCE NO. 7281-04
2nd Reading
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
SOUTHERLY MOST SECTION OF FIRST STREET EAST,
APPROXIMATELY 100 FEET SOUTH OF SECOND AVENUE
NORTH AND 600 FEET EAST OF CHAUTAUQUA AVENUE,
CONSISTING OF 0.22 ACRES OF ROAD RIGHT-OF-WAY IN A
PORTION OF FIRST STREET EAST (60-FOOT RIGHT-OF-WAY),
WHICH IS UNADDRESSED, UPON ANNEXATION INTO THE
CITY OF CLEARWATER, AS RESIDENTIAL SUBURBAN;
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 COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Land Use Cateaorv
See legal description attached hereto
(ANX2003-12033)
Residential Suburban
Section 2. The City Commission 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. 7252-04.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7281-04
~ Clearwater
City Council
2nd Reading .:3 .
v &~:?~~~~:~~:~~~
Agenda Cover Memorandum
Trackinq Number: 530
Actual Date: 04/15/2004
Subiect I Recommendation:
Adopt Ordinance Number 7282-04 on second reading APPROVING the Initial City Zoning Atlas
designation of LDR, Low Density Residential, for a portion of the First Street East Road
right-of-way (the southerly most 163 feet of the First Street East Road right-of-way in Section
32, Township 28 South, Range 16 East).
Originating: City Attorney
Section Second Readings - public hearing
Cateqory: Other
Number of electronic documents attached: 1
Public Hearinq: Yes
Advertised Dates: 02/29/2004
03/28/2004
04/04/2004
Financial Information:
~ Other
Review Approval
Pam Akin
03-31-2004
12:07:33
Cvndie Goudeau
04-02-2004
11:01:45
(0.3
ORDINANCE NO. 7282-04
2nd Reading
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED AT THE SOUTHERLY
MOST SECTION OF FIRST STREET EAST, APPROXIMATELY
100 FEET SOUTH OF SECOND AVENUE NORTH AND 600 FEET
EAST OF CHAUTAUQUA AVENUE, CONSISTING OF 0.22
ACRES OF ROAD RIGHT-OF-WAY IN A PORTION OF FIRST
STREET EAST (60-FOOT RIGHT-OF-WAY), WHICH IS
UNADDRESSED, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW DENSITY RESIDENTIAL (LDR);
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 COMMISSION 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
(ANX2003-12033)
Zonina District
Low Density Residential (LDR)
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. 7252-04.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7282-04
~. Clearwater
~ ,-..;,~~::%>-;::~,-/,:>.,/;:>_.,
,:::/-~~r~<:::'~-'~'~;
City Council
2nd Reading Lf
Agenda Cover Memorandum
Trackinq Number: 527
Actual Date: 04/15/2004
Subiect / Recommendation:
Adopt Ordinance Number 7287-04 on second reading, approving the applicant's request to
vacate the 10-foot drainage and utility easement lying adjacent to and along the south side of
the 100-foot Florida Power Corporation easement located on Lot 26, Elysium, Phase I (A.K,A.
2944 Chancery Lane). (VAC 2004-01 Freedman)
Originating: City Attorney
Section Second Readings - public hearing
CatEillQI'L;. Other
Public Hearing: Yes
Advertised Dates: 03/14/2004
03/21/2004
04/04/2004
Finanr.iallnformation:
~ Other
Review Approval
Pam Akin
03-31-2004
12:03:37
C:vnrlifl GOIJrlflrllJ
04-02-2004
10:57:21
IO.Y
ORDINANCE NO. 7287-04
2nd Reading
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE 10-FOOT DRAINAGE AND
UTILITY EASEMENT LYING ADJACENT TO AND ALONG
THE SOUTH SIDE OF THE 100 FOOT FLORIDA POWER
CORPORATION EASEMENT LOCATED ON LOT 26,
ELYSIUM, PHASE 1; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Robert S. Freedman, owner of real property located in the City of
Clearwater, has requested that the City vacate the drainage and utility easement depicted
in Exhibit A attached hereto; and
WHEREAS, the City Commission finds that said easement is not necessary for
municipal use and it is deemed to be to the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The following:
10-foot drainage and utility easement lying adjacent to and along the south
side of the 100-foot Florida Power Corporation easement located on Lot 26,
Elysium, Phase 1, as recorded in Plat Book 93, Pages 41 - 46, Public
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
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7287-04
City Council
"_<",...~.~~,~,~.,~~.~~~,r..,,~.~!!!,~!:~nd~~.~~....,,.~_..~~_~~..~_.QL.....~.~~.~ \ · \
Tracking Number: 474
Actual Date: 04/15/2004
Subject I Recommendation:
Authorize the City to initiate foreclosure proceedings at this time, and/or in the future if
warranted, on the property located at 1116 Howard Street, Clearwater for non-payment and
non-responsiveness of a City Housing Loan.
Summary:
The borrower obtained a Downpayment Assistance (DPA) $9,400 loan with the City in April 1995
to acquire the property located at 1116 Howard Street, Clearwater, Florida. In October 2001 the
client applied for, and obtained, a $15,000 rehabilitation loan to put an addition on their
property due to overcrowding. The rehab loan was subsequently increased by $5,000 in
December 2001 for additional unforeseen expenses associated with the rehabilitation loan. The
borrower is currently an employed single mom with seven children.
The $9,400 DPA loan is a deferred payment loan that has a principal reduction feature whereby
starting on the sixth anniversary of the loan, the loan balance will decrease $1,000 per year.
The $15,000 rehabilitation loan requires a $62.50 monthly payment that the borrower was
suppose to start making in March 2002 over twenty (20) years. The additional $5,000 loan is a
fifteen (15) year loan with payments of $27.78 per month that are scheduled to begin in
February 2007. Both the $15,000 and $5,000 loans are at zero percent (0%) interest.
The borrower has only made one payment on the $15,000 loan during the past 24 months. We
have sent the borrower numerous letters, some certified (many unclaimed), over the past two
years trying to get them to either make a payment or join a homebuyers, credit counseling or
some other form of financial counseling program. Under our loan policies, if a borrower cannot
make payments, they are required to enroll in some form of homebuyers, credit counseling, or
some other form of financial counseling program. Upon doing so the City will automatically
defer their loan for a period of six months. After six months we will reevaluate the borrower's
ability to pay. If they are still not in a position to pay we will defer their loan for another six
months.
After one year, if they are still not a position to make payments and have a valid hardship, their
loan may be restructured to a lower payment or a deferred payment type loan. The borrower
has been reluctant to enroll in program. Bryan Ruff, Assistant City Attorney and myself were
scheduled to meet with the borrower on several occasions but the borrower did not show for
these meetings.
The City's loan policies are very fair. We try to do whatever we can within our means to work
with delinquent borrowers, but they also have to be responsive. Unfortunately there are times
we have to resort to tougher measures. Borrowers know at loan closing what there obligations
are and their responsibilities upon signing the loan documents. We are hopefully that as we
progress into the foreclosure proceedings the borrower will become responsive and we will be
able to dismiss the foreclosure action. If we were to dismiss the action and the borrower
becomes non-responsive again we will file the foreclosure action again at that time.
Originating: Economic Development and Housing
Section Consent Agenda
Category: Other
Number of electronic documents attached: 0
Public Hearing: No
Financial Information:
Tyoe: Other
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Foreclosure Action
In Current Year Budget?
Yes
Budget Adjustment:
No
Review Approval
Howie Carroll
Cvndie Goudeau
Reoinald Owens
Bill Horne
Bryan Ruff
City Council
Ag~n~a,,~~ove!J~1e"!"Q!a n~~ "!WWW~~"w..~"w~~,~~_....~~~w_~...~.~,_~
03-11-2004 10:39:49
04-09-2004 12:53:06
03-12-2004 08:50:59
04-09- 2004 11 : 24: 46
04-02-2004 16:18:34
J l. ;).
City Council
Cover Memorandum
IT'
Tracking Number: 500
Actual Date:
Subject / Recommendation:
Extend an existing lease agreement with Xerox Corporation, Tampa, FL from December 30, 2007
to May 31, 2008 and increase the award from $640,000 to $890,000 for the lease of 11 additional
digital copiers in accordance with Section 2.564 (l)(d) Code of Ordinance - Putnam County
contract numbers 071398105 and 071736300.
Summary:
* The City of Clearwater currently has 11 digital copiers leased from Xerox Corporation on the
Daytona Beach Community College contract number MU02268 that expire at 7 different dates
starting in November 2004 and ending in February 2006.
* In addition, the City of Clearwater also has 58 digital copiers leased from Xerox Corporation on
Putnam County contract number 071736300 that the City Council approved on May 16, 2002.
* The 11 copiers being replaced account for approximately 35% of all the copies made Citywide
on both current contacts.
* The most cost effective way to administer both leases is to modify the timing of the 11 DBCC
lease machines to co-terminate with the existing 58 Putnam County lease copiers.
* The benefits of this strategy include:
- All Citywide copiers would terminate May 2008.
- Having all copiers co-terminate together affords the City greater bargaining power at lease end,
and easier administration (billing, repairs, maintenance etc.).
- This solution provides the lowest total cost to the City. Based on current average monthly usage
the City of Clearwater will realize nearly a 6% savings from current combined billings on both
contracts.
- The 11 replacement copiers are new (not the existing or refurbished machines).
- The 11 new copiers have the same functionality and features as the copiers that are being
replaced.
* Lease terms include standard shipping costs, staff training, service maintenance, and supplies
(except paper and staples).
Originatina: Information Technology
Section: Consent Agenda
Categorv: Agreements/Contracts - with cost
Public Hearing: No
Financial Information:
City Council
Cover Memorandum
Tvoe: Lease Option
Bid Required? No
Bid Exceotions:
Other Government Bid
Other Contract?
0171398105, 071736300
In Current Year Budget?
Yes
Budaet Adjustment:
No
Current Year Cost:
$168,000.00
For Fiscal Year:
10/01/2003 to 09/30/2004
Total Cost:
$890,000.00
Appropriation Code(s)
555-09861-544100-519-000
Amount
$890,000.00
Comments
each dept. will pay their actual expenses
Review Aooroval
Daniel Maver
Leslie Dougall-Sides
03-23-2004 09:03:43
04-02-2004 10: 18:37
04-05-2004 14:21:41
03-23-2004 12:27:32
04-06-2004 08:33: 19
03-25-2004 15:58:10
04-02-2004 13:59:42
Georae McKibben
Bill Horne
Tina Wilson
Cvndie Goudeau
Garry Brumback
\\.~
City Council
<,"~,," Ag~n"~Ob~LCOV~,!:"",,<M e"1,~,ra nd !:!,!T'
L-l51
Tracking Number: 481
Actual Date: 04/15/2004
Subject I Recommendation:
Approve a three-year operations agreement, with a three-year renewal option, with Raven of
Tampa, Inc. d/b/a Joffrey's Coffee Company, for a cafe in the new Main Library and authorize
the appropriate officials to execute same.
Summary:
The City issued a request for proposals (RFP) for a cafe operation in the new Main Library on
February 1, 2004. Responses were due on March 1, 2004.
On March 3, 2004, a selection committee ranked the proposals and selected Raven of Tampa,
Inc. d/b/a Joffrey's Coffee Company. The committee had representation from Economic
Development, Finance/Purchasing, and the Library. Selection criteria included: experience,
design concept for operation, financial plan, fee/percentage of gross revenues, management
philosophy, and ability to partner with the Library on special events and programs.
Raven of Tampa, Inc. currently operates two Joffrey's cafes: Bayfront Medical Center and Prime
Outlets in Ellenton. They are scheduled to install a third cafe in St. Anthony's Hospital in St.
Petersburg when renovations there are complete.
Highlights of the operations agreement:
* Term is 3-years with a 3-year renewal option.
* Monthly rent is $1000. The City will also receive 10% of gross revenues above $120,000
annually.
* Library retains right to review/approve cafe design and menu.
* Cafe build-out/installation of counters, equipment, etc. is the responsibility of the operator.
Originating: Library
Section Consent Agenda
Category: Agreements/Contracts - without cost
Financial Information:
~ Other
Review Approval
Sharon Walton
04-09-2004
08:20:51
Garrv Brumback
04-09-2004
09:46:38
Laura LiDowski
04-09-2004
09: 16: 19
Bill Horne
04-09- 2004
11:23:43
Cyndie Goudeau
04-09-2004
12:54:44
~: L/61
Re.:1J.3
OPERATOR AGREEMENT
THIS OPERATOR AGREEMENT, made and entered into this
day of
,2004, ("Effective Date") by and between the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, (the "City") and RAVEN OF TAMPA, INC., a Florida
Corporation and licensee of JOFFREY' S COFFEE AND TEA COMPANY, a Florida
corporation, (the "Operator"):
WIT N E S SET H :
WHEREAS, City owns and operates the new Main Library facility located at 100 North
Osceola Avenue, ClealWater, Florida, 33755, more particularly described in Exhibit "A" (the
"Library"); and
WHEREAS, the Library houses a cafe area ("Premises" or "Cafe") designed to provide
food and beverage service to Library patrons and visitors; and,
WHEREAS, the City has determined that it is in the best interest of the City to allow an
experienced entity to oversee the day to day operations of the Cafe; and,
WHEREAS, the Operator specializes in the operation of food and beverage businesses,
and Operator desires to provide such services in accordance with this Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. Premises. In consideration of the fees hereinafter agreed to be paid by the
Operator to the City, and in consideration of the covenants of the respective parties hereto, each
to the other to be performed by them at a time and in the manner hereinafter provided, the City
hereby permits Operator to occupy and operate a food and beverage concession within and upon
the Premises:
The northwest comer of the first floor of the new Main Library, containing 2,147
square feet of interior floor space, which includes 432 square feet constituting the
food preparation area ("Back of the House") and a 1,715 square foot cafe seating
area, along with an exterior area containing a 3,143 square foot terrace seating
area. See Exhibit "A" for a diagram and description of the Premises.
Operator acknowledges and agrees that all areas other than the Back of the House area are
open at all times to the public.
2. Term. The term ofthis agreement is for three (3) years, beginning on the
Effective Date, and ending on the
day of
, 2007. As referred to in this
agreement, an "Agreement Year" commences on the date this Agreement is executed and on the
annual anniversary date of such execution each year thereafter.
This Agreement shall automatically renew for an additional three (3) year period
under the same terms and conditions unless either party hereto provides written notice to the
other party to terminate same, not less than ninety (90) days prior to the end of the term hereof.
3. Performance Failure/Municipal Need. Failure of Operator to meet any of the
terms and conditions of this Agreement shall constitute a breach hereunder. The City may cancel
this agreement at any time by giving thirty (30) days prior written notice to the Operator, as
notice is required to be given herein, when in the opinion of the City, inferior service is being
offered, the terms of the minimum financial commitments are not being met, Operator is in
breach of any other terms of this agreement, or for any other good and valid reason that in the
opinion of the City, might detract from Clearwater and is not in the best interest of the people of
Clearwater, however, City shall not terminate this Agreement in order to replace Operator with
an operator offering similar services, without such termination being based on a good and valid
reason as provided herein.
Should City desire to terminate this Agreement as provided for above, City shall first give
Operator written notice of any applicable default with allowance thereafter of Thirty (30) days
2
time for operator to correct such default before terminating the Agreement. Such written notice
shall state in particular the basis for termination.
City retains the right to terminate this agreement for any municipal need as determined by
the City in its sole discretion. This right of termination is to be considered in addition to the right
of termination set out in this agreement.
Should the City terminate this Agreement after having provided notice to cure as
described above, or in accordance with the provision for termination for municipal need, City
shall give Operator ten (10) days written notice and this Agreement shall be terminated at the end
of such period.
4. Operations.
(a) Menu. The Operator shall have the right to sell food, beverage and other
merchandise at the Cafe, including but not limited to; coffee, cold drinks, bottled drinks,
baked goods, bulk coffee, smoothies, and ice cream, as further described in Exhibit "B"
attached hereto and made a part hereof. Operator may modify its menu, subject to the
written approval of the City, whose approval shall not be unreasonably withheld or
delayed. Operator shall not sell or serve alcoholic beverages on the Premises.
(b) Entertainment. No music, live entertainment, media or speakers of any
kind are permitted on the Premises without prior written approval of the City,
such approval to be given in the City's sole discretion.
(c) Hours of Operation. Hours of operation for the Cafe shall be 9:00 a.m.
through 9:00 p.m., Monday through Thursday, and 9:00 a.m. through 5:00 p.m. Friday
and Saturday with the minimum requirement that the Cafe shall be open at least Sixty-
Four (64) hours per week.
3
(d) Prices. The City reserves the right to review and approve prices to be
charged for all items. Prices may be modified when authorized in writing by the City. List of
prices must be submitted within twenty (20) days prior to opening, and twenty (20) days prior to
any modifications of the price list.
( e) Exclusivity. Operator acknowledges and agrees that its operation is not
exclusive in terms of food and beverage being sold or possessed within the Premises or Library.
The Cafe operation is intended for the convenience of library patrons, however, patrons so
choosing may consume or possess food and beverage from other sources, as otherwise permitted
by the Library Code of Conduct (Exhibit "C", attached hereto and made a part hereof). In the
event the City chooses to host a special event on the Library property, the City reserves the right
to utilize outside caterers or other parties, in its sole discretion, to provide food and beverage of
any kind.
5. Operators Pee. As consideration for the right to operate Cafe, Operator hereby
covenants and agrees to pay to City an "Operator's Pee" consisting of a "Base Pee" together with
a "Percentage of Sales Fee", further described as follows:
a. "Base Pee": A flat-rate fee of One Thousand dollars ($1000.00) per month
for each month ofthe Term shall represent the Base Fee. The Base Fee is to be paid on the first
of each month, in advance of occupation for that month. Any month in which Operator operates
the Cafe for less than the full month, the Base Fee shall be prorated at a daily rate and paid in
advance for that month. A One and One Half Percent (1 ~%) late fee, or the maximum
permitted by law, shall accrue and become additional fees payable, when any payment exceeds
thirty (30) days past due.
4
b. As additional consideration, Operator shall pay annually at the end of each
agreement year, a "Percentage of Sales Fee" in the amount ofTen Percent (10%) of gross
revenues for all revenues exceeding One Hundred Twenty Thousand Dollars ($120,000).
c. Operator shall pay all amounts due annually as stated above, within Sixty
(60) days ofthe end of each Agreement Year. Operator further agrees to provide City
within fifteen (15) days of the end of each monthly period during the term of this
agreement, the statement showing the amount of gross sales during the preceding month.
The statement used by the Operator to report such sales will be in a form as to be
satisfactory to the City and must be certified as correct by the Operator's chief financial
officer, or his designee, showing the amount of gross sales at and/or from the Premises
during the monthly periods reported by the statement in the amount of year- to-date gross
sales for the Agreement Year. Fees shall be calculated from the first day Operator opens
to the public.
e. Upon opening to the public, Operator agrees to pay a prorated portion of
any incomplete month at the beginning of this term and begin full monthly payments on the first
day of each month thereafter until termination of this agreement.
f. Gross Revenue, for purposes of this Agreement, means gross receipts,
including the entire amount of the actual sales price, whether for cash or otherwise, of all sales of
food, services, beverages, clothing, or other receipts whatsoever of all business conducted in, on
or from the Premises, or resulting from this Agreement, including mail or telephone orders
received or filled at the Premises. No deduction shall be allowed for uncollected or uncollectible
credit accounts. Such term shall not include, however, any sums collected and paid out for any
5
sales or excess tax imposed by any duly constituted governmental authority wherein Operator is
regarded as the collecting agent.
g. The Operator further agrees to submit an audited certification of annual
gross sales as certified to by a Certified Public Accountant within Sixty (60) days of the end of
each agreement year. The scope ofthe audit must include the Operator's compliance with the
terms of the agreement to disclose the gross sales at or from the Premises. The statement shall be
prepared according to generally accepted accounting principles and practices, showing in all
reasonable detail the amount of gross sales during the prior agreement year. The Operator also
agrees to provide at the same time as the statement regarding annual gross sales pertinent
depreciation and amortization schedules filed with the Internal Revenue Service for the prior
year.
h. Any amount due from Operator to City under this agreement which is not
paid when due shall bear interest at the maximum rate allowed by law, to be applied from the
date due until the date paid, together with a late charge of 5% of any amount due, to cover City's
extra expenses involved in collecting such delinquency; however, such interest and late charges
shall be automatically reduced by the amount necessary to cause such charges to be in
compliance with usury laws. The late charge must be paid within 30 days of the day the
delinquent payment was due.
6. Use of Premises. The Operator hereby covenants and agrees to make no unlawful,
improper, or offensive use ofthe Premises. Operator shall not permit any business to be operated
in or from the Premises by any concessionaire of Operator without the written consent of City.
Operator further covenants and agrees not to assign, pledge, hypothecate, or sublet this
agreement in whole or in part without the prior written consent of City. The consent of City to
6
any assignment, pledging, hypothecating, or subletting shall be at City's sole discretion, and shall
not constitute a waiver of the necessity for such consent to any subsequent assignment, pledging,
hypothecating, or subletting. This paragraph shall be construed to include a prohibition against
any assignment or subletting by operation oflaw. If this agreement is assigned, or if the
Premises or any part thereof are sublet or occupied by anybody other than Operator, City may
collect fees from the assignee, subtenant or occupant, and apply the net amount collected to the
payments to be made herein by Operator, but no such assignment, subletting, occupancy or
collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, subtenant
or occupant as tenant, or a release of Operator from the further performance by Operator of
covenants on the part of Operator herein contained. If at any time during the term of this
Agreement, any or all of Operator's interests are transferred by sale, assignment, bequest,
inheritance, operation of law or disposition, Operator shall notify City in writing of such transfer
and shall provide to City the name, address, financial statement and business experience resume
for the immediate preceding ten (10) years ofthe proposed assignee. This information shall be in
writing and shall be received by City no less than thirty (30) days prior to the effective date of
such transfer. City at its sole discretion shall have the option of accepting the proposed assignee
and can charge a reasonable fee to Operator for processing such request. Operator can request a
transfer under this provision no more than once in an agreement year unless specifically
consented to in writing by City.
7. Taxes. Operator further agrees that it will pay any state sales tax, and all other
taxes due, which may be levied upon the Premises or Operator due to the existence of this
Agreement, including but not limited to, occupational license and permits relating to the
operation of the business conducted on the Premises.
7
8. Utilities. Operator acknowledges that Premises have not been designed to
accommodate separate utilities or the metering thereof, and that City is not obligated to provide
for same. Therefore, City shall provide electricity, gas, sewer, garbage disposal, air conditioning,
heat and water services ("Utilities") as more particularly described herein, for use by Operator in
the Cafe area. In addition to the above, the City shall provide, as a part of Utilities described
above: three electrical outlets in the food preparation area and three electrical outlets in the Cafe
seating area; overhead lighting in the food preparation and seating areas; plumbing "stubbed out"
in the food preparation area including % inch water lines (hot and cold), a three (3) inch sanitary
waste water line (no floor drain) and a two (2) inch vent; basic sewer service (grease trap not
included); and nearby public restroom facilities (for the non-exclusive use of Cafe patrons).
Operator agrees that the projected costs associated with the provision of Utilities by City are
uncertain due to the lack of established, related accounts. As such, Operator agrees that in lieu of
the estimated Utilities costs, Operator's payment therefore has been incorporated into the Base
Fee as described herein. City reserves the right to re-evaluate Utility costs based on actual costs
over the first year ofthis Agreement and amend the Base Fee after one year of the term. lithe
parties cannot mutually agree to an adjustment to the Base Fee or Utility costs made in
accordance with the re-evaluation of Utility costs as described above, either party reserves the
right to terminate this Agreement. Operator is required to develop an effective and continuous
Energy Management and Conservation Program for its operation throughout the term ofthis
Agreement.
9. Operator is not authorized to make any structural improvements or changes to the
Cafe area unless expressly agreed to in writing by City.
10. Operator will use biodegradable materials whenever feasible.
8
11. Operator will provide all equipment and merchandise necessary for the operation
of the Cafe, including the installation of a convection oven. Operator shall be responsible for the
installation of such equipment and guarantee that such equipment complies applicable code
requirements and other applicable law. In addition, the Operator will pay for all normal day-to-
day repair, maintenance, and replacement costs on its equipment.
12. Operator will be responsible for picking up and disposing of all trash, garbage,
and other debris, within the Cafe area. Operator is authorized to place trash cans in the
immediate area of the Premises, said trash cans to be maintained by the Operator.
13. Operator agrees to indemnify and hold City and its employees harmless from and
against any and all claims, demands, causes of action or lawsuits of whatever kind or character
arising directly or indirectly out ofthis agreement and/or performance hereof. This indemnity
clause includes, but is not limited to, claims, demands, causes of action or lawsuits for damages
or injuries to goods, wares, merchandise and property and/or for any bodily or personal injury or
loss of life in, upon or about the Premises or the surrounding premises the Operator is required to
maintain or which the Operator uses in connection with the business operated at, on or from the
Premises. All personal property, including trade fixtures in the Premises, shall be at the risk of
Operator, and City shall not be liable for any damage to such property arising from any cause
including, but not limited to, bursting, leaking or accidental operation of water or sewer pipes;
roof leaks or flooding or natural disasters. Operator agrees to investigate, handle, provide
defense for and defend any such claims, demands, causes of action or lawsuits at its sole expense
and agrees to bear all other costs and expenses related thereto, even if the claim, demand, cause
of action or lawsuit is groundless, false or fraudulent.
9
14. Insurance. Operator shall furnish at its own expense and maintain during the term
of this agreement, the insurance coverages set out below:
(1) Comprehensive General Liability - Coverage must be afforded on a form
no more restrictive than the latest edition of the Comprehensive General Liability Policy
filed by the Insurance Services Offices and must include:
(a) Minimum limits of Five-Hundred Thousand dollars ($500,000)
per occurrence combined single limits for Bodily Injury Liability, Personal Injury,
and Property Damage Liability.
(b) Premises and/or operations.
(c) Independent contractors.
(d) Products and/or completed operations.
(e) Personal injury coverage with employee and contractual exclusions
removed, including coverage for liability resulting from the dispensing of
alcoholic beverages, if Operator at any time during the term of this agreement
obtains a licenseto serve any type of alcoholic beverages.
(f) The City of Clearwater, as City, shall be named as an additional
insured.
(2) Business Auto Policy - Operator hereby represents that Operator does not
have a vehicle in its company name and does not use a vehicle for business purposes,
including deliveries. Based on these representations, Operator is not required to carry a
Business Auto Policy.
10
(3) Workers' Compensation - Coverage to apply for all employees for
statutory limits in compliance with the applicable State and Federal laws. In addition, the policy
must include Employers' Liability with a limit of Five-Hundred Thousand dollars ($500,000).
In addition, Operator shall provide to City the following:
(1) Additional Insured. City shall be named as additional insured on all
liability coverage.
(2) Notice of Cancellation or Restriction. All policies must be endorsed to
provide the City with not less than thirty (30) days notice of cancellation
or restrictive modifications of any insurance policy providing the coverage
required by this agreement.
(3) Certificates of Insurance/Certified Copies of Policies. The Operator shall
provide the City with a certificate or certificates of insurance showing the
existence of the coverages required by this Agreement. The Operator will
maintain the coverage throughout the term of this Agreement or any
modification thereof. When specifically requested by the City in writing,
the Operator shall provide City with certified copies of all policies of
insurance as required herein. New certificates and new certified copies of
policies, if certified copies have been requested, shall be provided to City
whenever any policy is renewed, revised, or obtained from other insurers.
(4) The address where such certificates and certified policies shall be sent or
delivered is as follows: City or Clearwater, Attention: City Clerk, P.O.
Box 4748, Clearwater, Florida 33758-4748.
11
15. Destruction of Premises. If at any time during the term of this agreement, the
Premises or any part, system, or component thereof, (hereinafter, the "Demised Premises") shall
be damaged or destroyed, said Demised Premises and any additions or improvements thereto,
shall be promptly repaired or rebuilt or restored by the Operator to the condition as good as the
same was immediately prior to such damage or destruction at the Operator's risk and expense,
and in accordance with plans and specifications mutually agreed upon at the time; or if none can
be agreed upon, then in accordance with the original plans and specifications for the Premises
and any subsequent plans and specifications for any additions or improvements constructed prior
to the damage. The work of restoration or rebuilding shall be in full compliance with all laws
and regulations and government ordinances applicable thereto. The insurance proceeds shall be
paid to the City, and such proceeds will be used for the repair or restoration. Any cost of repairs
or restoration in excess of the insurance proceeds shall be borne by the Operator. Any insurance
proceeds in excess of the cost of repairs or restoration shall belong to the Operator.
During the period of such damage or destruction, whether in whole or in part, the
monthly guaranteed Base Fee shall abate for no more than 120 days or until commencement of
business, or after receipt of all building permits, whichever is sooner. City shall not
unreasonably withhold building permits necessary to repair such damage or destruction.
If the Demised Premises are totally destroyed or damaged to the extent as to
render it the Premises uninhabitable or useless for the purpose intended, during the term of this
agreement, then and in that event, the Operator may terminate this agreement as of the date of
such damage with (30) days written notice to the City. In the event of such termination the
insurance proceeds provided for under this agreement shall be paid to the City. In the event of
such destruction and except as otherwise specifically provided under this agreement, both parties
12
waive any and all rights of recovery against each other for any direct or indirect loss occurring to
the Demised Premises.
16. Default. City, at its option, may exercise anyone of the remedies provided in
subsection (g) of this paragraph, except as otherwise provided herein, upon the happening of any
one or more of the following events (Events of Default):
a. Operator's default in the payment of any fee or other sums due for a period of 30
(30) days after the due date;
b. Operator's continued default with respect to any other covenant ofthis agreement
for a period of thirty (30) days after receipt of written notice of such default by Operator from
City, provided that if such default reasonably required more than thirty (30) days to cure, there
shall be no Event of Default if Operator has commenced correcting action within the thirty (30)
day period and is diligently prosecuting such action;
c. There shall be filed by or against Operator in any event pursuant to any statute
either of the United States or of any state, a petition in bankruptcy or insolvency or for
reorganization or arrangement, or for the appointment of a receiver or trustee of all or a portion
of Operator's property, or if the Operator makes an assignment by operations of law, or if
Operator makes application to Operator's creditors to settle or compound or extend the time for
payment of Operator's obligations, or if execution, seizure, or attachment for a period of 120
days. Failure to remove the levy, seizure or attachment within the 120 day period shall actuate
the default provided by this paragraph and the bond posted shall be forfeited.
d. Operator's vacating or abandoning the Premises;
e. Operator's understating gross sales by more than three (3) percent in sales reports
given to City.
13
f. If Operator is in default of any other agreement with the City, then such default
shall be deemed a default ofthis Agreement and the City may pursue all available
remedies provided for herein.
g. City, at its option, may exercise anyone or more of the following remedies which
shall be cumulative.
(1) Terminate Operator's right to possession under this agreement and reenter
and take possession of the Premises. Operator shall remain liable for all fees and
additional fees due under this agreement and for all damages suffered by City because of
Operator's breach of any of the covenants of this agreement. Said damages shall include,
but not be limited to, charges for removal and storage of Operator's property, remodeling
and repairs, and legal fees. In addition to its remedies hereunder, City may accelerate all
fixed fees due under this agreement, in which event the Operator shall be liable for all
past due fees, accelerated fees and damages as described above; however with respect to
the accelerated fees, City shall receive only the present value of such accelerated fees. At
any time during repossession pursuant to this subsection, City may, by delivering written
notice to Operator, elect to exercise its option under the following subsection to accept a
surrender of the Premises, terminate and cancel this Agreement, and retake possession
and occupancy of the Premises on behalf of City.
(2) Declare this agreement to be terminated, whereupon the term hereby
granted and all right, title and interest of Operator in the Premises shall end and City may
re-enter upon and take possession of the Premises. Such termination shall be without
prejudice to City's right to collect from Operator any fees or additional fees which have
accrued prior to such termination together with all damages, including, but not limited to
14
the loss of prospective percentage fees suffered by City because of Operator's breach of
any covenant under this agreement.
(3) Exercise any and all rights and privileges that City may have under the
laws ofthe State of Florida and/or the United States of America.
17. Modifications/Improvements. Operator shall secure prior written approval from
City for modifications or remodeling of existing facilities or for the construction of any new
facilities, such approval not to be unreasonably withheld or delayed. It is agreed that the existing
improvements, together with any improvements constructed by Operator during the term of this
agreement on the demised premises, shall become the property of the City upon the expiration of
termination of this agreement; provided, however, that said reference to improvements herein
contemplates improvements to the real estate which become a part of the land as distinguished
from personal property utilized by the Operator.
18. Maintenance of Premises and Improvements. As provided for in the previous
section, Operator shall not make any improvements to the Premises without the prior written
consent ofthe City. Operator shall, at its expense, at all times during the terms of this Agreement
keep the Premises and any improvements permitted hereunder, and facilities thereon in good
order, condition, and repair. It is specifically understood by Operator that the City has the right
to inspect the Premises and improvements at any time to ensure that the Premises and
improvements are indeed in good order, condition, and repair. Upon the termination or
expiration of this agreement, Operator shall have the privilege at his own expense of removing its
equipment, signs, insignia, and other indicia of its occupancy or use, however, Operator shall
repair any and all damages to the Premises caused by the removal by Operator of such property,
15
and restore the Premises to a condition at least equal to or better than the condition of the
Premises upon delivery to the Operator at the inception of this Agreement.
19. Mechanics Lien. Operator agrees to indemnify and save harmless the City by
reason of any mechanic's lien which may be asserted as a claim against the property, and to
furnish City a good and sufficient bond signed by a reputable bonding company doing business in
Florida, which bond shall be in an amount equal to 100 percent (100%) ofthe cost of
construction ofthe contemplated improvements to the Premises.
20. Health/Sanitary Compliance. The Operator hereby covenants and agrees to
promptly and continuously comply with all regulations and orders of the Health Department and
health officers of the local, state, and national governments; and Operator hereby covenants and
agrees to keep, operate, and maintain the Cafe in such a manner as to preclude any warnings,
violations or notices to show cause being issued by any regulatory agency authorized to inspect
the Premises under Florida Statute 509 as it presently exists or as it may be amended. In
addition, Operator agrees to forward to City a copy of each inspection report issued in accordance
with Florida Statute 509 as it presently exists or as it may be amended within fifteen (15) days of
receiving any such reports.
21. Ouiet Eniovrnent. City covenants and agrees that upon payment by Operator of
the fees herein provided, and upon observance and performance by Operator of all the covenants,
terms, and conditions required ofthe Operator by the agreement, Operator shall peaceably and
quietly hold and enjoy the Premises for the term of the agreement without hindrance or
interruption by City.
22. Notices hereunder shall be given only by registered letter and shall, unless
otherwise expressly provided, be deemed given when the letter if deposited in the mail, postage
16
prepaid, addressed to the party for whom intended at such party's address first herein specified or
to such other address as may be substituted therefore by proper notice hereunder. Notice to be
provided to City and Operator as stated below:
As to City:
Library Director
City of Clearwater
100 North Osceola Avenue
Clearwater, Florida 33755
With coPy to:
City Attorney's Office
City of Clearwater
Post Office Box 4748
Clearwater, Florida 34618-4748
As to Operator:
Attention:
Robert Marrotta, President
Raven of Tampa, Inc.
322 11th Avenue North
St. Petersburg, FL 33701
23. Financial Reporting/Audit. If the Certified Public Accountant providing the
annual audit required in this agreement is not an independent Certified Public Accountant,
Operator at the City's option, agrees to make all records of gross sales pertaining to this
agreement available to an independent Certified Public Accountant chosen by the City, for the
purpose of confirming the fair representation of the previously submitted audits. Any such audit
provided for in this paragraph may not go back for more than three (3) years. If an independent
Certified Public Accountant, chosen by the City, audits the business operated hereunder, and
finds that a fair representation of the gross revenues understates revenue and fees due to the City
by more than three percent (3%), the cost of the independent audit shall be borne by the
Operator; if the independent audit confirms the fair representation of the Operator or overstates
17
lease revenue due to the City, the City shall pay for the audit. All sales shall be recorded on a
tape cash register and the tapes shall be maintained and available for review by an auditor as
permitted for hereunder. City shall provide reasonable notice of audit. The Operator shall
maintain an adequate set of books and records ofthe sale of food, beverages and other
merchandise, and his books and records must be provided to the City upon request.
24. Signage. No sign of any type will be posted, erected, hung or otherwise placed on
the exterior of the building or anywhere on the City-owned library property. No sign of any type
will be posted, erected, hung or otherwise placed in view of the general public on the interior of
the Premises, unless authorized and approved by the City. However, the Operator must provide
memo-type board or boards, as approved by the City, to be placed inside the Cafe area so that
they will be plainly visible to the public and list the food and drink items for sale with their
corresponding prices. Operator shall also place a sign inside the Cafe area so it will be plainly
visible to the public, which states that the Cafe is operated by Operator and not City.
25. Applicable Law. Operator, at Operator's own expense, must comply promptly
with all statutes, rules, regulations, ordinances, orders, and requirements of all local, state and
federal governments and their respective agencies applicable to the use and occupancy of the
Cafe by Operator. This includes mandatory compliance with minimum building, health, and
safety standards regarding the Cafe. In addition, Operator agrees to notify immediately the City's
Police Department or other appropriate authorities, at any time the Operator becomes aware of
any activity that is a violation of a law in the Cafe area.
26. Advertising. Operator shall not advertise any business not operated at, on, or
from the Premises without the prior written consent of the City.
18
27. Public Area. Operator agrees that the Premises shall be utilized as a public
activity area. The City may restrict any activity, including but not limited to entertainment,
promotions, items for sale or fees by Operator on the premises that are not acceptable as
determined by the City in its sole discretion. Failure ofthe Operator to make any changes
required by the City will result in default and City shall be entitled to all the remedies provided
for in this Agreement.
28. Legal Fees. In the event the City retains an attorney to enforce any of the
provisions of this agreement or renewals of or addenda to this agreement, or to effect the
enforcement of any legal right of the City against the Operator, the Operator agrees to pay the
City all costs of said enforcement reasonably incurred, including court costs and reasonable
attorney's fees.
29. Miscellaneous.
a. Waiver. One or more waivers of any covenant or condition by the City shall
not be construed as a waiver of a subsequent breach of the same covenant or
condition and the consent or approval by the City to or of any act by the
Operator requiring City's consent or approval shall not be construed as
consent or approval to or of any subsequent similar act by the Operator.
b. Observance of Laws. Operator agrees to observe, comply with and execute
promptly at its expense during the term hereof, all laws, rules, requirements,
orders, directives, codes, ordinances, and regulations of any and all
governmental authorities or agencies, of all municipal departments, bureaus,
boards and officials, of all County, State, Federal boards or agencies, and all
insurance carriers, due to the use or occupancy of the Demised Premises. All
19
additions, alterations, installations, partitions, or changes shall be in full
compliance with the aforementioned authorities.
c. Access to Premises. City shall the right to enter upon the Premises at all
reasonable hours for the purpose of inspecting or conducting tests upon the
same, or for making repairs to the demised Premises or to any property owned
or controlled by the City therein. Such repairs shall not unduly interfere with
Operator's business, except as is naturally necessitated by the nature of the
repairs being affected.
d. Relationship of Parties. Construction of Agreement. Nothing contained
herein shall be deemed or construed by the parties hereto, nor by any third
party, as creating the relationship of principal and agent or of partnership or of
joint venture between the parties hereto, it being understood and agreed that
neither the method of computation or rent, nor any relationship between the
parties hereto other than the relationship of City and Operator. Whenever
herein the singular number is used, the same shall include the plural, and the
masculine gender shall include the feminine and neuter genders, as
appropriate.
This Agreement shall be governed by the laws of the State of Florida. Any
changes in the applicable laws that govern this Agreement will necessitate a
change in terms and conditions, which may be, affected thereby, at the time
such changes may arise.
e. Surrender at End of Term: Upon expiration of the term hereof or sooner
termination of the Agreement, Operator agrees to surrender and yield
20
possession of the demised Premises to the City, peacefully and without notice,
and in good order and condition, broom clean condition, but subject to
ordinary wear and reasonable use thereof.
f. Successors and Assigns: The covenants, provisions and agreements herein
contained shall in every case be binding upon and inure to the benefit of the
parties hereto respectively and their respective heirs executors, administrators,
successors and assigns, as applicable.
g. Hazardous Substances: Operator shall not cause or permit the presence, use,
disposal, storage, or release of any Hazardous Substances on or in the
Premises. Operator shall not do, nor allow anyone else to do, anything
affecting the Premises that is in violation of any Environmental Law.
Operator shall promptly give City written notice of any investigation,
claim, demand, lawsuit or other action by any governmental or regulatory
agency or private party involving the Premises and any Hazardous
Substance or Environmental Law of which Operator has actual
knowledge. If Operator learns or is notified by any governmental or
regulatory authority, that any removal or other remediation of any
Hazardous Substance affecting the Premises is necessary, Operator shall
promptly take all necessary remedial actions in accordance with
Environmental Law.
As used in this Paragraph 31 ,"Hazardous Substances" are those
substances defined as toxic or hazardous substances by Environmental
Law and the following substances: gasoline, kerosene, other flammable
21
or toxic petroleum products, toxic pesticides and herbicides, volatile
solvents, materials containing asbestos or formaldehyde, and radioactive
materials. As used in this Paragraph 31, "Environmental Law" means
Federal laws and laws ofthe jurisdiction where the Premises is located
that relate to health, safety or environmental protection.
h. Entire Agreement: The Agreement as hereinabove set forth, including all
exhibits and riders, if any, incorporates all covenants, promises, agreements,
conditions and understandings between the parties, and no covenant, promises,
agreement, condition or understanding, either written or oral, not specifically
set forth herein shall be effective to alter the performance or the rights of the
parties as hereinbefore stated.
22
IN WITNESS WHEREOF, this agreement is executed as of the date first above written.
Countersigned:
Brian J. Aungst, Mayor-Ggmmissi0n8r~
~form:
Lamia Lipowski, Assistant City Attorney
CITY OF CLEARWATER, FLORIDA
By
William B. Home, II, City Manager
Attest:
Cynthia E. Goudeau, City Clerk
Raven of Tampa, Inc.
~
~ By ~., ~
- Robert arotto
Ah ~ 01 Its: President
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23
EXHIBIT A
24
Exhibit A
Cafe (Premises) Overview
The cafe has a prominent location in the northwest comer of the first floor of
the new Main Library. Adjacent to the atrium formed by the Grand Stair,
the 1,715 square foot cafe seating area will accommodate 30 to 40
individuals seated at tables and/or benches. The west wall is a floor-to-
ceiling curtain wall of glass that extends to the third floor, with balconies
overlooking the interior cafe seating area from the second floor.
F our sets of double doors open from the cafe seating area onto a 3,143
square foot west terrace secured by a 4- foot wall, topped by a railing. The
terrace is surrounded by attractive landscaping and shaded by a majestic roof
awning. Here, cafe customers and all library visitors can enjoy the
indescribable view of Coachman Park, Clearwater Harbor and the beaches
beyond.
A 432 square foot food preparation area is located on the south end of the
cafe area, separated from seating by a doorway and the anticipated cafe
service bar.
The east side of the cafe opens onto the Library's main concourse and is
adjacent to the bookstore/gift shop that will be operated by the Friends of the
Clearwater Library. Across the main concourse from the cafe are meeting
facilities that will accommodate 290 participants. These facilities include a
conference room and a large multipurpose meeting room capable of being
divided into two distinct meeting areas. These meeting spaces, along with
the rooftop terrace and the fourth floor Special Collections area, will be
heavily used by both library and community groups. Thus, a strong
potential exists for meeting and special events catering opportunities.
The cafe is approximately 120 feet from the Popular Materials Library, the
Reader's Advisory Desk and the Circulation Desk, all located near the
Library's entrance at the SE comer of the first floor.
Total cafe sq. footage: 2,147 interior SF includes food preparation area and
cafe seating area; an additional 3,143 SF of exterior seating space exists on
the west terrace.
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EXHIBIT A
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EXHIBIT A
Blueprint/First floor Main Library
including cafe area
EXHIBIT B
Joffrey's Hot Coffee
Small Medium Large
Flavored or Reg. 1.75 1.95 2.25
Cafe DIe steamed milk &coffee 2.25 2.45 2.75
Depth Charger espresso in coffee 2.25 2.45 2.75
Espresso double shot 2.00
Americano double espresso & hot water 2.25
Machiatto dollop offoam on double espresso 2.50
Cappuccino espresso, steamed mille, foam on top 3.25 3.75
Mochaccino same as above w/ cocoa 3.50 4.00
Cafe Latte steamed milk & espresso(no-sugar) 3.25 3.75
Breve Latte wi steamed half & half 3.75 4.25
Mocha Latte cocoa, steamed milk & espresso 3.50 4.00
Vienna Latte cocoa & vanilla 3.75 4.25
Vanilla Latte 3.50 4.00
Cannanilla Latte caramel & vanilla 3.75 4.25
Caramel Latte 3.50 4.00
Nutty Irishman hazelnut & Irish cream 3.50 4.00
Strawberry Latte 3.50 4.00
Hot Chocolate includes whip cream 2.50 3.00
Chai Tea spicedorvanilla 2.50 3.00
Hot Tea flavor of your choice 1.45 1.95
*Rerdl any mug (up to 16oz) 1.00
4.25
4.50
4.25
4.75
4.50
4.75
4.50
4.75
4.50
4.50
4.50
Cookies
Bars
Biscotti
Brownies
Muffins
Danishes
Pullmans
Cheese Cake
Joffrey's Baked Goods
JofTrey's Bulk Coffee
Half Pound
6.00
7.00
6.00
Regular & Flavored
Decaf Regular & Flavored
Espresso
Stockholm
Estate Java
Ethiopia
Mocha Java
Papua New Guinea
Sumatra
Tanzanian
Zimbabwe
Kenya AA
Hawaiian Kona
Jamaican Blue Mountain
1.55
1.55
1.55
1.80
1.80
1.80
2.00
2.00
Pound
10.00
11. 00
10.00
12.00
13.00
13.00
13.00
13.00
13.00
13.00
13.00
14.00
35.00
55.00
...
EXHIBIT C
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LIBRARY SYSTEM
CODE OF CONDUCT
The Clearwater Public Library System strives to provide the highest level of service to all library users. The following
rules are set in place to protect the right of library patrons to enjoy a safe environment, conducive to the use and
enjoyment of library materials and services. The United States Court of Appeals decision (Kreimer vs. Bureau of
Police for the Town of Morristown, 1992) found that a library is a "limited public forum" created for the specific
purpose of providing public access to materials. Further, the library may draft rules of behavior to assure that the
library is used for the general purposes for which it is intended.
RULES:
1. The Clearwater Public Library System shall uphold all state laws and local ordinances in
regard to public behavior.
2. Patrons shall be engaged in activities associated with the use of a public library while in the
building. Patrons not engaged in reading, studying, or using library materials shall be
required to leave the building.
3. The following list of activities not associated with the use of a public library are
specifically prohibited:
· Smoking or using tobacco products
· Sleeping
** · Eating, drinking
** · Bringing food/drink inside the library
· Bringing animals inside the library (except service animals)
· Bringing a weapon into the library unless authorized by law (a patron authorized to
carry a weapon must notify library staff that he/she is carrying a weapon in the
library)
· Using a cell phone in the library
· Bringing personal articles into the library that do not fit comfortably under a desk
chair. Items needed for library research and necessary human conveyances such as
wheelchairs and strollers are not prohibited.
· Bringing bicycles inside the library
· Skating and related activities, including scooters, inline skating, roller skating, etc.
· Abusing or vandalizing library facilities or equipment
· Rearranging/disarranging library furnishings or materials
· Damaging/mutilating/cutting pages from library materials
· Using restrooms for washing clothes or bathing
· Entering nonpublic areas such as staff work rooms, offices and storage areas
1
· Petitioning, panhandling, or distributing materials within the library.
4. All personal items must remain with the owner.
5. Patrons shall respect the rights of other patrons and staff and shall not harass or annoy
. others anywhere on the premises by:
· Noisy or boisterous activities
· Prolonged staring at another person
· Following another person about the building
· Playing audio equipment so that others can hear it
· Singing or talking loudly to others or in monologues
· Behaving in a manner which reasonably can be expected to disturb other patrons or
staff
· Soliciting funds or offering any goods or services for sale (unless authorized by the
Library Director)
· Neglecting bodily hygiene so as to constitute a nuisance to others.
6. Patrons shall not interfere with another person's use of the library or with the library
personnel's performance of their duties.
7. Patrons shall wear appropriate attire, including shirt and shoes.
8. Patrons shall use the appropriately designated restroom.
9. Children under the age of seven must be accompanied by an adult.
a. Responsibility for all children using the library rests with the parent /
guardian or assigned chaperon and not with the library personnel.
b. The Youth Services area is intended for use by children and their
parents or caregivers. Adults not requiring immediate access to
children's materials shall be required to relocate to other areas of the
library.
c. Children must not be allowed to abuse computers or other
equipment.
10. Patrons shall promptly leave the building at closing time or in an emergency.
11. Any person violating any of these rules shall be required to leave the premises. A patron
who refuses to leave under these circumstances is trespassing, and staff will seek assistance
from the police, ifnecessary.
**Note: The prOV~Slon for disallowing eating, drinking and bringing food/drink inside
the Library is currently being reviewed and amended.
2
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~Clearwater
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City Council
PuJl
Agenda Cover Memorandum
Tracking Number: 486
Actual Date: 04/15/2004
Subject / Recommendation:
Approve the Work Order to PARSONS for design engineering services for the first two digesters
in the Digester Refurbishment phase of the Biosolids Treatment Implementation project at the
Northeast and Marshall Street AWTP facilities in the amount of $254,351,and that the
appropriate officials be authorized to execute same.
Summary:
This portion of the Bio-Solids TreatmentImplementation project provides for the
refurbishment of one existing 90 foot diameter sludge digester and associated equipment at
each of the Marshall Street and Northeast (NE) Advanced Wastewater Treatment Plants
(AWTPs). The digesters are vessels that contain microbes that "digest" solids wasted from the
plants.
PARSONS is anEngineer of Record.
The design phase is estimated to be completedin 165 days from the notice to proceed.
This project is consistent with the CityOf Clearwater's WPC Master Plan.
There are sufficient budget and revenue in the'02 Water & Sewer Bond Construction project
343-96611, Bio-Solids Treatment, to provide the funding for this Work Order.
A copy of the Work Order is availablefor review in the Official Records and Legislative
Services office.
Oria inatina: Engineering
Section Consent Agenda
Cateaorv: Agreements/Contracts - with cost
Finanr.iallnformation:
~ Capital Expenditure
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Consultant is Engineer of Record
In Current Year Budget?
Yes
Budaet Adjustment:
No
Current Year Cost:
$254,351.00
~ Clearwater
~~;:~
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City Council
Agenda Cover Memorandum
For Fiscal Year:
10/01/2003 to 10/01/2004
Total Cost:
$254,351.00
$254,351.00
Comments
'02 Water & Sewer Bond Construction
Appropriation Code(s)
343-96611-561300-535-000
Amount
Review Approval
MirhClpl OIJillpn
Bill Horne
03-22-2004 14:15:46
04-05-2004 10:17:58
03-23-2004 09:33:07
04-02-2004 14:00:45
03-26-2004 16:13:16
04-02-2004 16:22:31
Cvndie Goudeau
Tina Wilson
Garrv Brumback
Bryan Ruff
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CITY OF CLEARWATER
PUBLIC WORKS ADMINISTRATION
WORK ORDER INITIATION FORM
Consultant: Parsons Water and Infrastructure~ Inc.
Date: February 25,2004
Parsons Project Number:
City Project Number: 03-0022-UT
1. PROJECT TITLE: Biosolids Treatment Project Implementation - Digester
Refurbishment
2. SCOPE OF SERVICES:
The City of Clearwater Northeast and Marshall S1. Advanced Pollution Control
Facility shall be modified to implement the selected alternative from the Bio-
solids Treatment Project Implementation Preliminary Design Report of December
12,2003. The following scope of services shall be provided by Parsons Water &
Infrastructure Inc.
Design drawings, specifications, and cost estimates shall be developed, based
upon record drawings of existing facilities provided by the City, to meet or exceed
all applicable design criteria specified by City's municipal ordinance, State, and
Federal established standards. Design shall be based upon the selected alternative
technology from the preliminary design report previously provided to the City,
dated December 12, 2003. This technology, to be implemented at one digester
tank at each facility, consists of a new high energy pump mix system to replace
the non functioning gas mix system, new boiler and spiral heat exchanger to
replace the non functioning combination boiler/heat exchanger, new pumps for
mixing, heating, and transfer, new additions to the SCADA and electrical systems
to support the new equipment, building additions and modifications and new gas
safety equipment to comply with new National Fire Protection
Association(NFP A) standards, digester tank roof repairs and rehabilitation, yard
piping modifications to accommodate the new facilities, and other related
improvements as described in the preliminary design report.
The following drawings are anticipated to be included:
Marshall St. Facility
Index, Vicinity Map, and General Legend...... ..................
Civil Site Plan......... . . ... .. . .. . .. . .. . . .. . . .. . . .. . ... . . . '" .. . .
Demolition Plan......... ........ ......... . .......... ........
Structural Plans, Sections, and Details............ .. .. .... ...... .. ..
. .... . .. .... one sheet
.. .. .. .. .. .. one sheet
...... .... ..one sheet
...... ... five sheets
j\data\ 743206\designfees\biosolids WO.doc 1
Mechanical Plans, Sections, and Details. . . . . . .. . . . . . . . . , . . . . . . . . . , . . . . . . . six sheets
HV AC Plans, Sections, and Details. . . , . , . . . . . . . . . . .. .. . , . , , . .. . , . , . . . . . .. . . . . . .. two sheets
P&ID's and Legend......,..,.....,....,...,.".",..,.,...........,.........,.... three sheets
Electrical Legend, Plan, Control Schematics, and Details. . . . . . . . . . . . . . . . . . ... five sheets
Control System Architecture...." ,..... ,..... ,.. ... ,..,......"............... ...... .one sheet
Northeast Facility
Index, Vicinity Map, and General Legend...."......,....................... ..... one sheet
Civil Site Plan. . . . . . . . . . . . .. . ., . . .. ,. . , . . . .. . . , . . . .. , . , . , , . , . . . . . . , . . . . . .. . .. , . . .. . . ... one sheet
Demolition Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . , . . . . . . . . . . . . . . . . . . . . . . . . . one sheet
Structural Plans, Sections, and Details. . . . . . ... . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . .. five sheets
Mechanical Plans, Sections, and Details.,. ...,...... ... ......,.................... five sheets
HV AC Plans, Sections, and Details. . . , . . , , , . .. , . . .. . . , , . .. . . ,. . . . .. . ,. . . . . . . .. .. two sheets
P &ID' s and Legend. . . . . . . . , , . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . , . . . . . . . . . . . . . . . .. three sheets
Electrical Legend, Plan, Control Schematics, and Details..................... five sheets
Control System Architecture. , . . .. . . , . . , . , .. . . . . . . , . .. , . .. . . . . ... . , . , ... . . .. . . . .. .. one sheet
Drawings shall be prepared in accordance with the City of Clearwater's format
requirements as described in Attachment "A".
Standard CSI format technical specifications shall be provided for one bidding package
for General Contractor bidding. Standard City front-end documents shall be utilized for
bidding and construction contracting.
Engineer's opinion of probable cost will be provided with the 60 percent, 90 percent and
final submittals.
Engineer shall arrange and attend preapplication meetings, prepare permit application and
follow up for the FDEP construction permit, any modifications required for existing
Environmental Resource Permits, and shall provide adequate sets of plans and
information as may be required by the City Development Services Department, per the
City's Permit Application Checklist in the Attachments.
Engineer shall attend and document a project initial meeting and a review meeting with
the City for the review of the 60 percent and the 90 percent design submittals.
Six (6) sets of the 60 percent, 90 percent, and final submittal documents shall be provided
for review by the City. Up to fifteen (15) sets of the final signed and sealed plans and
specifications shall be provided for the City's and permitting purposes, and up to thirty
five (35) sets of the bidding documents shall be provided for bidding.
Completion of the 60 percent, 90 percent, and final submittal milestones shall be in
accordance with the following guidelines:
j\data\ 743206\designfees\biosolids WO.doc 2
60 PERCENT SUBMITTAL
1) Site layout and yard piping shall be completed to approximately 75 percent
2) All general, demolition, civil sheets shall be completed to approximately the 75
percent level.
3) Process mechanical sheets developed to at least 60 percent
4) Electrical sheets shall be at least 30 percent completed. Electrical sheets shall include
but are not limited to legend and detail sheets in preliminary form, overall single line
diagrams and schematics, power and lighting plan sheets.
5) Stmctural and BV AC sheets developed to at least 30 percent.
6) Preliminary sequence of constmction developed.
7) Add the appropriate information to the drawing revision blocks.
8) Complete the preliminary technical specifications.
9) Complete a 60 percent quantity take-off and engineer's opinion of constmction cost.
10) Process and Instmmentation Diagrams (P&ID's) and Control System Architecture
modifications developed to approximately 75 percent.
11) All disciplines shall complete internal review prior to submitting the 60 percent
contract drawings.
90 PERCENT SUBMITTAL
1) 60 percent submittal comments and other comments from the client have been
incorporated or a response as to their omission has been provided, as applicable
2) If geotechnical subsurface investigation was deemed necessary, the completed boring
information shall be incorporated into the construction drawings.
3) All general, demolition, civil, structural, and instrumentation sheets shall be
completed to the 100 percent level.
4) All mechanical and HV AC sheets shall be completed to the 90 percent level.
j\data\743206\designfees\biosolidsWO.doc 3
5) Electrical sheets developed at the 60 percent submittal shall be completed to the 90
percent level.
6) Complete pennit applications and submit request(s) for check(s) for any permitting
fee(s) required. Permit applications will not be submitted until the drawings and
specifications are finalized for constmction.
7) All disciplines shall complete QAlQC review and checking prior to submitting
8) Complete quantity take-off and opinion of constmction cost at 90 percent completion
9) Complete technical specifications to 100 percent completion
Final Submittal
1) 90% submittal comments and other comments from the client have been incorporated
or a response as to their omission has been provided, as applicable.
2) Add the appropriate information to the drawing revision blocks.
3) All drawings shall be completed to the 100 percent level.
4) Complete a final quantity take-off and opinion of construction cost.
5) Spell check shall be performed on all submittal documents.
6) All disciplines shall complete QAlQC review and checking prior to submitting the
final contract drawings.
7) Submit six (6) sets of the final submittal documents for review by the City, up to
fifteen (15) signed and sealed copies and/or original constmction drawings and
technical specifications for the City's and permitting purposes, and provide thirty five
(35) sets (not signed and sealed) for bidding
8) Submit all permit applications and associated constmction drawings, technical
specifications, and fees (checks for permit fees to be provided by the City).
j\data\ 743206\designfees\biosolids WO,doc 4
Bid Phase Services
Bid review and evaluation, attendance at a prebid conference, and preparation of an
addendum will be provided by Parsons during the bidding phase of the project.
Refer to Attachment "B" for the engineering task fee estimate for this project.
3. PROJECT GOALS:
The intent of the project will be to provide design, penmttmg and bid phase
assistance to implement the selected alternative from the preliminary design report.
The project deliverables shall be as described previously for the 60 percent, 90
percent, and final design submittals.
4. BUDGET (ENGINEER'S COMPENSATION):
The budget for this Phase of the project is $254,351.00. This price includes all
labor and expenses anticipated to be incurred by Parsons for the completion of
these tasks, on a lump sum basis. A breakdown of the estimated cost for each
task of the scope of services is provided in Attachment B. Permit application fees
will be paid by the City.
5. SCHEDULE:
The design phase is to be completed 165 calendar days from issuance of notice-
to-proceed, allowing for a two week review period for the City for the 60 percent
and 90 percent submittal. The project deliverables are to be provided as follows
60 percent design submittal 45 calendar days
60 percent design submittal review 15 calendar days
90 percent design submittal 45 calendar days
90 percent design submittal review 15 calendar days
Final submittal 45 calendar days
Delivery TotaL............................. ................ ........165 calendar days
Permitting, and Bidding phase services shall be conducted in accordance with the
schedule established by the City. Milestones shall include the following:
Bid Phase Services 45 days after advertisement
6. STAFF ASSIGNMENT (Consultant):
Loren Furland, P.E.
Project Director
j\data \ 7 4 3206\designfees\biosolids W O. doc
5
7. CORRESPONDENCE/REPORTING PROCEDURES:
Consultant's project correspondence shall be directed to Loren Furland, P,E. All
City project correspondence shall be directed to Thomas Fears, P.E" with copies
to John Milligan, Lisa Murrin, Utilities Engineering Manager, and others as may
be appropriate.
8. INVOICING/FUNDING PROCEDURES:
Invoices shall be submitted monthly to the City of Clearwater, Attn: Marty Pages,
100 S. Myrtle Ave., #220, Clearwater, Florida 33756-5520 or P. O. Box 4748,
Clearwater, Florida 33758-4748, for work performed. Invoices will be prepared
monthly as a percentage of the lump sum corresponding to the percentage of the
scope of services completed, and in accordance with a progress report to be
provided with each invoice. Contingency services will be billed as incurred only
after written authorization is provided by the City to proceed with such services,
City Invoicing Code:
343-96611-561300-535-000
9. ENGINEER CERTIFICATION:
Parsons Water & Infrastructure Inc. will certify as a licensed Professional Engineer,
registered in accordance with Florida Statute 471 (481), that the above project's
design documents meets or exceeds all applicable design criteria specified by City
municipal ordinance, State, and Federal established standards. We understand that it
is our responsibility as the project's Professional Engineer to perform a quality
assurance review of these submitted documents to ensure that such documents meet
quality standards of the local industry.
This certification shall apply equally to any further revision and/or submittal of
plans, computations, or other project documents, which we may subsequently
tender.
10. SPECIAL CONSIDERATIONS:
Not applicable
j\data\743206\designfees\biosolidsWO.doc 6
PREPARED BY:
~~
Parsons Water and Infrastructure Inc.
Loren P. Furland, P .E.
Project Director
J)Z'/-JOf
Date
APPROVED BY:
,~0k)~
,,:-..:-.-----".--.-- . ..---
Parsons Water and Infrastructure Inc.
S. Bijoy Ghosh
Vice President
-"Cj. ,1.1.t-t/Cc-11 :::?c, Lf-
Date
j\data \ 743206\designfees\biosolidsWO .doc 7
APPROVED BY:
~~;f. ~~
,
Michael D. Quillen, PE
City Engineer
City of Clearwater
6--31 ~O 1-
Date
o~
OF CLEAR\VATER
PUBLIC WORKS ADMINISTRATION
WORK ORDER INITIATION FORM
A TT ACHMENT "A"
1. DELIVERABLE FORMAT
DELIVERABLES
The design plans shall be produced on stable-based mylar or vellum material, 24" x 36" at a
scale of I" = 20' unless approved otherwise. Upon request, the consultant shall deliver all
drawing files in digital format with all project data in Land Development Desktop (LDD)
RI or R2 format, including all associated dependent files. When LDD is not available, upon
approval by the City of Clearwater Project Manager, a standard ASCII file can be delivered
with all associated drawing and dependent files. The ASCII file shall be a comma or space
delimited containing code, point number, northing, easting, elevation and description for
each data point. Example below space delimited ASCII file:
POINT #
284
NORTHING EASTING ELEV DESC
1361003.838 264286.635 25.00 BCV
or comma delimited ASCII file:
284,1361003.838,264286.635,25.00, BCV (PNEZD)
An AutoCAD Release Fourteen (14) drawing or later drawing file shall be submitted.
NOTE: If approved deviation from Clearwater or Pinellas County CAD standards are
used the consultant shall include all necessary information to aid in manipulating the
drawings including either PCP, CTB file or pen schedule for plotting. The drawing file
shall include only authorized fonts, shapes, line types or other attributes contained in
the standard AutoDesk, Inc. release. All block references and references contained
within the drawing file shall be included. Please address any questions regarding format
to Mr. Tom Mahony, at (727) 562-4762 or email addresstmahony@clearwater-fl.com.
2. DEVELOPMENT SERVICES DEPARTMENTS' "PERMIT APPLICATION
CHECKLIST" FORM
j\data\ 743206\designfees\biosolids WO.doc 8
City of Clearwater
Development Services Department
100 South Myrtle Avenue, Clearwater, FL 33756
Phone (727) 562-4567 Fax (727) 562-4576
Permit Application Checklist
Only complete permit submittals are accepted, Complete application must include the
following as applicable to your project:
Permit application form - completed with legal description (Parcel Number).
NOTICE OF COMMENCEMENT - RECORDED - one copy
Plans review fee.
Interior work: 3 sets of signed and sealed drawings.
o Drawings to show entire scope of work - Floor plans, electrical, mechanical,
plumbing, structural, elevations, wall sections, details, etc.
Exterior/site work: 8 sets of signed and sealed drawings. (3 sets for Residential)
o Drawings to include items listed above plus drawings showing scope of site
work. Engineered site plans shall include parking layout and lot survey.
o Tree survey (including 4" trees and their drip lines on site and within 25' of the
adjacent site.
o Landscape plans,
Development Order issued by the Director of Planning, if Flex or Flex Standard
was required.
Clearing & Grubbing permit.
Tree permit application or "No Tree" verification form.
Energy calculations as required by State Energy Code (3 sets),
FEMA information for flood zone properties.
a. New Construction
1. Proposed elevation of new construction.
2. Sealed grade elevation survey (NGVD).
3. Plans shall be signed and sealed by architect or engineer.
b. Additions and remodels
1. Need two cost estimates for construction, or signed contract.
Building Official may ask for additional estimates.
2. Photos of existing structure.
3. Floor plans of existing structures.
4. Elevation Certificate showing lowest floor elevation (if not on file).
Owner-Builder forms for owner permit following contractor exemption noted in
Florida Statute. Must show proof of residency/occupancy.
Asbestos survey for all demolitions & renovations - Pinellas County 464-4422.
NOTE:
Site and buildin2: drawin2:s must be submitted t02:ether in a packa2:e
Permit Application checkIist.doc
Revised 3/8/01
j\data \ 7 43 206\designfees\biosoIids WO .doc
9
u~
OF CLEAR\V.ATKR
PUBLIC WORKS ADMINISTRATION
WORK ORDER INITIATION FORM
ATTACHMENT "B"
ENGINEERING TASK FEE ESTIMATE
EXCEL SPREADSHEET
(Insert Engineering Task Fee Estimate Excel Spreadsheet)
j\data\743206\designfees\biosolidsWO.doc 10
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;) ~~~~%~:S3=:~;a~::;
City Council
Agenda Cover Memorandum
PuJ~
Tracking Number: 499
Actual Date: 04/15/2004
Subject I Recommendation:
Approve the final plat for "Downtown Lofts", located at 100 North Martin Luther King Junior
Avenue,
Summary:
* The proposed plat will create 46 townhome units,
* The plat was reviewed and approve by the Development Review Committee on August 14,
2003,
* A copy of the plat is available for review at the Official Records and Legislative Services office.
Originating: Engineering
Section Consent Agenda
Cateqory: Plat Files
Number of electronic documents attached: 0
Public Hearing: No
Financial Information:
Review Approval
Michael Guillen 03-23-2004 08:23:57
Gi'lrrv Brllmhi'll.k 03-31-2004 17: 50: 03
Fri'lnk Gerlock 03-24-2004 15:01:18
Bill Horne 04-02-2004 16:25:48
Cyndie Goudeau 04-06-2004 08:28:39
,\ . S
Location Map
Scale 1"= 1 ,200'
NORTH
Scale 1" = 100'
I
~
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~~o:/;;'":s ilE~ l~'" PINE ST n I ST I "' IOg~. ~,---,"~~~ ~ ~
City of Clearwater, Florida
Public Works Administration/Engineering
Date
04/01104
Grld#
2866
Drawn By
S_D_
FINAL PLAT:
DOWNTOWN LOFTS
See- Twn- Rng
15-295-15E
Checked By
S.D_
\t .lp
City Council
Pw~
Agenda Cover Memorandum
Tracking Number: 497
Actual Date: 04/15/2004
Subject I Recommendation:
Approve the final plat for "Laura Street Townhomes", located between Laura and Grove Streets
about 400 feet east of Myrtle Avenue,
Summary:
* The subject plat is for the creation of 18 town home lots.
* The plat was reviewed and approved by the Development Review Committee on July 25, 2000.
* A copy of the plat is available for review in the Official Records and Legislative Services office.
Originatinq: Engineering
Section Consent Agenda
Category: Plat Files
Number of electronic documents attached: 0
Public Hearinq: No
Financial Information:
Review Approval
Mic:h<lp.IOIJillp.n 03-23-2004 08:25:03
Garrv Brumback 03-31-2004 17:50:38
Frank Gerlock 03-24-2004 15:00:18
Bill Horne 04-02-2004 16:28:40
Cyndie Goudeau 04-06-2004 08:31 :07
Location Map
Scale 1"= 1 ,200'
I
NORTH
Scale 1" = 100'
~ UL-
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iflO DcIb" " ~DI I D~
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!!!w cr wn;? ,rCrescen I I l.!!!:2 i., Wr-----! r-----._.--- W
~Q< '> 0 =r---!
City of Clearwater, Florida
Public Works Administration/Engineering
Date
04/011 04
nd#
2868
DritMl By
5,0_
FINAL PLAT: LAURA STREET
TOWNHOMES
See. Twn-Rng
15-29S-15E
Checked By
5_0,
11.7
City Council
Pwt1
Agenda Cover Memorandum
Trackinq Number: 473
Actual Date: 04/15/2004
Subject I Recommendation:
Approve a contract with Mount Carmel Community Development Corporation of Clearwater, Inc.
to sell the South 112 of Lot 6 and all of Lot 7, GREENWOOD MANOR, for the total sum of $18,000,
and that the appropriate officials be authorized to execute same.
Summary:
On February 5, 2004 the council declared the subject vacant lands as surplus property and
authorized issuance of Invitation For Bid 08-04 to sell the property for development of a rental
community for the elderly for the minimum bid amount of $18,000 and other qualifying
conditions,
Mount Carmel Community Development Corporation of Clearwater, Inc. ("Buyer") submitted the
only responsive bid at bid opening on February 24, 2004.
The Buyer bid met and complied with all bid requirements, including the minimum bid amount
and other qualifying conditions.
Among its terms and conditions, the contract requires the Buyer to close within 30 days
following approval and execution by City officials, with net sale proceeds of $18,000 to accrue in
General Fund Surplus Land Sale account 010-00000-364220-000-204
Originatinq: Engineering
Section Consent Agenda
Category: Agreements/Contracts - without cost
Number of electronic documents attached: 1
Public Hearing: No
Finanr.i;lIlnfnrmatinn:
Review ApDroval
Michael Quillen 03-11-2004 08:40:34
Garrv Brumback 04-02-2004 14:02:34
Laura LiDowski 03-24-2004 16:49:55
Bill Horne 04-02-2004 16:21 :40
Cyndie Goudeau 04-05-2004 10:19:06
~'.II.7
f<e,: PL0 '-\
CONTRACT FOR SALE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: The CITY OF CLEARWATER, FLORIDA. a Municipal Corporation of the State of Florida (herein
"Seller" or "City"), P. O. Box 4748, Clearwater, Florida 33758-4748, and MT. CARMEL COMMUNITY
DEVELOPMENT CORPORATION OF CLEARWATER, INC., a Florida nonprofit corporation (herein "Buyer"),
1014 Pennsylvania Avenue, Clearwater, FI. 33755. (collectively "Parties"), hereby agree that the Seller shall sell
and Buyer shall buy the following real property ("Real Property") and personal property, if any C'Personalty")
(collectively "Property") upon the following terms and conditions.
THE "EFFECTIVE DATE" OF THIS CONTRACT IS THE DATE OF EXECUTION BY
DULY AUTHORIZED CITY OFFICIALS. TIME IS OF THE ESSENCE IN THIS
CONTRACT.
Time periods of 5 days or less shall be computed without Including Saturday,
Sunday, or national legal holidays and any time period ending on a Saturday.
Sunday or national legal holiday shall be extended until 5:00 P.M. of the next
business day.
1. PROPFRTV nF!;CRIPTION
LEGAL DESCRIPTION: GREENWOOD MANOR, South 1f2 of Lot 6 and all of Lot 7, as recorded
In Plat Book 21, Page 65, public records of Plnellas County, Florida
STREET ADDRESS: 1015 LaSalle Street, Clearwater, Fl. 33755
PERSONALTY: NONE (vacant property)
2. FilII PIIRCHA!;F PRICE ...................................................................,.............................$18.000.00
3. MANNFR OF PAYMFNT
Purchase price to be paid at closing in U.S. funds, cash, certified or
cashier's check, subject to adjustments and prorations.......... ..............................................$ 18,000.00
4. TIME FOR ACCFPTANCF
Following execution of this contract by Buyer. the price, terms and conditions as contained herein shall remain
unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate original to Earl
Barrett, Real Estate Services Manager of the City of Clearwater for acceptance and approval or rejection by
action of the Clearwater City Commission ("Commission"). If this agreement is accepted and approved by the
Commission, it will be executed by duly authorized City officials and delivered to Buyer within 10 days thereafter,
If this contract Is rejected by the Commission upon initial presentation to the Commission, this contract shall be
null and void in all respects and Buyer shall be so informed in writing within 5 days of such action.
5. I1ILE
Seller shall convey marketable liUe to the Property by SPECIAL WARRANTY DEED, subject only to matters
contained in Paragraph 7 and those otherwise accepted by Buyer. Otherwise title shall be free of liens and
encumbrances of record or known to Seller, but subject to property taxes for the year of closing, if any;
covenants, restrictions and public utility easements of record; and (other matters which title will be subject): bIo
~ provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended
use of the Property for residential purposes.
6. TITL F EVIDENCI==
Buyer may, at Buyer expense and within ...1!L days prior to closing date obtain a title insurance commitment
issued by a Florida licensed title Insurer agreeing to liens, encumbrances, exceptions or qualifications set forth in
this Contract, and those which shall be discharged by Seller at or before closing. Seller shall convey a
marketable title subject only to liens. encumbrances, exceptions or qualifications set forth in this Contract.
Marketable title shall be determined according to applicable Title Standards adopted by The Florida Bar and in
accordance with law. Buyer shall have 5 days to examine title evidence following receipt. If title is found
defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the defect(s) render
titl~ unmarketable, Seller will have 120 days from receipt of notice within which to remove the defect(s), failing
which Buyer shall have the option of either accepting the title as it then is or withdrawing from this Contract.
U:\CITY SELLS\MT CARMEL CDC CONT 0204.doc 1
Seller will, if title is found unmarketable, ,make diligent effort to correct defect(s) in title within the time provided
therefore, including the bringing of necessary suits.
7. ~FRTAIN RI~WT~ RF~F=RVF=n
As required by Section 270.11, Florida Statutes, the Seller reserves unto itself and its successors an undivided
three-fourths (3/4) interest in, and title in and to an undivided three-fourths (3/4) interest in, all the phosphate,
minerals, and metals that are or may be in, on or under the real property described herein, and an undivided one-
half (1/2) interest in all the petroleum that is or may be in, on, or under said property with the privilege to mine
and develop the same. If the real property being conveyed herAlmder Is lASS than 20 I"'11ntigllous ;:JcrAS is
presently dAVAIQpAd and/or the/'A Axists future dAvAlnpment plans, and thAre is IittlA likelihood of the presencA of
;:Jny of the mlnArals or petrolellm C'.ontAmplatAd by Section 270 11, Florida StatlltAs in all such instan/"p.s the City
expressly releases the ahovA descrihed rights
8. ~IIRVFY
Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real
Property surveyed and certified to the Buyer, Seller and closing agent by a registered Florida land surveyor. If
survey shows any encroachment on Real Property, or that Improvements located on Real Property encroach on
setback lines, easements, lands of others, or violate ariy restrictions. contract covenants or applicable
governmental regulation, the same shall constitute a title defect.
9. CI O~ING PI A~F ANn DATE
Buyer shall designate closing agent and this transaction shall be closed in the offices of the designated closing
agent in Pinellas County, Florida, on or before ~n da)lll fnllnwlng thA "F=ffAcllvA natA", unless extended by
other provisions of this contract. If either party is unable to comply with any provision of this contract within the
time allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to
comply, then upon giving written notice to the other party, time of closing may be extended up to ...3O..-days
without effect upon any other term, covenant or condition contained in this contract.
10. ~I O~IN~ nO~\JMFNT~
Seller shall fumish deed, owner lien affidavit, and corrective instruments as applicable to this transaction. Buyer
shall furnish closing statement.
11. ~I OSING EXPEN~F=~
Recordation of the deed and Documentary stamps on the deed, unless this transaction is exempt under
Chapter 201,24, Florida Statutes, shall be paid by the Buyer. Seller shall pay the costs of recording any
corrective instruments.
12. PRORATION~; ~RFmT~
If there should exist any taxes, assessments, rent and other revenue specific to the Property, all of such
expenses and revenue shall be prorated through the day before closing. If the amount of taxes and assessments
for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being
made for improvements and exemptions. Assessments for any improvements that are substantially complete at
time of closing shall be paid in full by Seller.
13. PROPFRTY ~ONnITION
Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear and
tear excepted, and shall maintain the grounds in a comparable condition. Seller makes no warranties other than
as disclosed herein in Paragraph 15 ("SELLER WARRANTIES") and marketability of title.
14. SI=II FR WFI n ~ARMI F~~
Buyer agrees to indemnify and hold harmless the Seller without limitation from any losses, damages, costs,
including attomey's fees, claims of Injury to or death of any person(s), any damage to property of Buyer, or the
Property, and from and against any and every liability to any person arising from Buyer conduct of survey and
related work performed pursuant to Paragraph 9 above.
15. ~FII FR WARRANTIF~
~eller warrants th~t there are no facts known to Seller that would materially effect the value of the Property, or
which would be detrimental to the Property, or which would effect Buyer's desire to purchase the property except
as follows: NONE KNOWN.
U:\CITY SELLS\MT CARMEL COC CONT 0204.doc
2
16. PROCEFOS 01= SAI F: CI OSINr. PROCFntlRF
The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by Seller's
attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after
closing, during which time evidence of title shall be continued at Buyer's expense to show title in Buyer, without
any encumbrances or change which would render Seller's title unmarketable from the date of the last title
evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer shall, within the 5 day
period, notify the Seller in writing of the defect and Seller shall have 30 days from the date of receipt of such
notification to cure the defect. If Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer
shall, upon written demand made by Buyer and within 5 days after demand, be retumed to Buyer and
simultaneously with such repayment, Buyer shall retum Personalty and vacate Real Property and reconvey it to
Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title "as is".
waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of
warranties contained in the deed. The escrow and closing procedure required by this provision may be waived if
title agent insures adverse matters pursuant to Section 627.7841, F.S. (1987), as amended.
17.0FFAIIIT
If Buyer fails to perform this contract within the time specified, Seller, at Seller option, may proceed in equity to
enforce Seller's rights under this contract. If, for any reason other than failure of Seller to make Seller's title
marketable after diligent effort, Seller fails, neglects or refuses to perform this contract, the Buyer may seek
specific performance or elect to receive the retum of Buyer deposit(s), if any, without thereby waiving any action
for damages resulting from Seller's breach.
18. RAOON r.AS NOTIFICATION
RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a
building in sufficient quantities, may present health risks to persons who are exposed to it over
time. Levels of radon that exceed federal and state guidelines have been found in buildings in
Florida. Additional information regarding radon and radon testing may be obtained from your
county public health unit.
19. CONTRACT NOT RFCOROARI F; PFRSONS ROIINO
Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and
inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall
include plural and one gender shall include all.
20. NOTICE
All notices provided for herein shall be deemed to have been duly given if and when deposited in the United
States Mail, properly stamped and addressed to the respective party to be notified, including the parties to this
contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the
behest of the parties to satisfy all terms and conditions of this contract.
21. ASSIr.NABIUTY; PERSONS ROIIND
This contract is no! assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or plural.
This Contract is binding upon Buyer, Seller, and their heirs, personal representatives, successors and assigns (if
assignment is permitted).
22. ATTORNFY FFFS' COSTS
In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable
attorney's fees and costs.
23. NO BROKER
Seller and Buyer represent and agree they have dealt with no Broker or finder in connection with the
t,ra~~actions contem~lated hereby. Seller and Buyer further agree to indemnify the other from any damage,
liability or expense either may suffer as a result of any claim of a Broker or finder with whom it is determined that
the othe~ party, ~as dealt with i~ contraven~io~ of this agreement; except, however, that total City obligations
under thiS proVISion shall be subject to the limits and restrictions of the Florida sovereign immunity statute F S
768,28. ' ' .
U;\CITY SELLS\MT CARMEL COC CONT 0204.doc
3
24. TYPFWRITTFN OR HANOWRITTFN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them.
25. EFFFCT OF PARTIAl INVAliDITY
The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of any other
provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining
provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent
to the expungement of the invalid provision.
26. GOVFRNING I AW
It is agreed by and between the parties hereto that this contract shall be governed by. construed, and enforced
in accordance with the laws of the State of Florida.
27. COIINTFRPARTS; FACSIMII F COPY
This contract may be executed in two or more counterparts, each of which shall be deemed an original and all
of which together shan constitute one instrument. A facsimile copy of this contract, induding any addendum,
attachments and any written modifications hereof. and any initials or signature thereon shall be deemed an
original.
28. SPECIAL CL AlISES
Buyer covenants and affirms to Seller that Buyer meets all of the Special Bid Requirements appended hereto
as EXHIBIT "N'. same having been attached to and a part of Advertisement For Bid 08-04, and shall fully comply
with all of its post-dosing requirements. Seller acknowledges that it is in receipt of and has reviewed and
accepted Buyer's organizational and financial records as meeting the threshold criteria and that Buyer's response
to Invitation For Bid No. 08-04 complies with all provisions contained therein.
29. MERGER BY OEEO
All covenants, warranties, and representations contained herein shall merge with the deed at time of dosing,
except as specifically excluded elsewhere in this agreement. Upon delivery of deed by the City, and acceptance
thereof by Buyer, the Buyer shall hold the City forever harmless thereafter.
30. ENTIRE AGREFMFNT
Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the parties,
shall supersede any and all prior and contemporaneous written and oral promises, representations or condition In
respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any
changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the
parties and incorporated herein or attached hereto.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD,
SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAL FOR LEGAL, TAX, ENVIRONMENTAL
AND OTHER SPECIALIZED ADVICE PRIOR TO SIGNING.
Date:
3~a
/
.2004
MT. CARMEL COMMUNITY DEVELOPMENT
CORPORATION OF CLEARWATER, INC.
By i/;f ( W
Maurice E. Mickens, President
Attest:
s. Secretary
U:\CITY SELLS\MT CARMEL COC CONT 0204,doc
4
City Signatories: Sale & Purchase Contract
RE: GREENWOOD MANOR, S Yz of Lot 6
and all of Lot 7
Buyer: Mt. Carmel CDC of Clearwater, Inc.
APPROVED AND ACCEPTED THIS _ day of
Countersigned:
Brian J. Aungst, Mayor-Commissioner
Approved as to form:
Laura Lipowski, Assistant City Attorney
U:\CITY SELLS\MT CARMEL COC CONT 0204,doc
,2004.
CITY OF CLEARWATER, FLORIDA
By:
William B. Home, II, City Manager
ATTEST:
Cynthia E. Goudeau, City Clerk
5
r
EXHIBIT "A"
SPECIAL BID REQUIREMENTS
"Greenwood Manor Lot Sales - Declaration of Surplus Property"
1. Developer must be a Florida non-profit corporation in good
standing with the State and specializing In housing and
community development.
2. Developer must plan to develop the property for elderly
rental housing.
3. Development team must have the ability to screen potential
rental tenants to ensure they are eligible for state and
federal assistance in the event that the developer will use
such funding.
4. Developer must be prepared to begin construction no later
than July 1, 2004, and in the event that State and Federal
funds are used in the project, should complete the project
not later than December 31, 2005.
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City Council
Agenda Cover Memorandum
eA'
u
Tracking Number: 493
Actual Date: 04/15/2004
Subject / Recommendation:
Authorize settlement of legal action brought against Metal Culverts, Inc., to recover money on
account owed for gas consumption.
Summary:
Authorization is sought from the City Council on behalf of the Clearwater Gas System to settle a
suit brought against Metal Culverts, Inc.
The suit was originally sought to recover approximately $26,000 owed on account no. 4071416.
This money is for natural gas usage and has been due and owing since February, 2000.
Metal Culverts, Inc., disputed the amount owed contending its gas bill should have been no
more than $12,000 and, in addition, that it was entitled to set-offs for installation of special
boiler and cost of outsourcing work when the gas account was cut-off, the total effect of which
would leave it owing the City nothing.
Under terms of settlement proposed at mediation the City would recover $16,000. This is the
approximate cost of the gas sold.
Originating: City Attorney
Section Consent Agenda
Cateqorv: Other
Number of electronic documents attached: 0
Financial Information:
~ Other
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Not an expenditure
In Current Year Budqet?
No
Budqet Adiustment:
No
Current Year Cost:
$0.00
, \. <?
~ Clearwater
City Council
C :::~~>~~;~~"-:::~..,,.:;:~~~~
.,,../--"~r':7"::;:"'~":;::>"'0;
Agenda Cover Memorandum
Annual Operating Cost:
$0.00
For Fiscal Year:
10/01/2003 to 09/30/2004
Total Cost:
$0.00
Not to Exceed:
$0.00
Review Approval
Pi'lm Akin
03-22-2004 16:06:58
Cvndie Goudeau
04-02-2004 09:49:26
\ ,.9
City Council
Cover Memorandum
(A;).
Trackina Number: 504
Actual Date:
Subject / Recommendation:
Request for Authority to institute a civil action against David Foderingham to recover $2,163.00
for damage to City property.
Summary:
On February 16, 2001, a vehicle operated by David Foderingham was involved in an auto accident
at Blanche B. Little John and Palm Bluff Street in Clearwater.
After being stopped by an unmarked police vehicle, Mr. Foderingham failed to put his vehicle into
park and struck the unmarked police vehicle. The impact caused damage to the City vehicle in the
amount of $2,163.00.
The Legal Department requests authority to bring a legal action against David Foderingham to
recover the moneys owed to the City for the aforesaid property damage.
Originating: City Attorney
Section: Consent Agenda
Category: Other
Number of electronic documents attached: 0
Public Hearing: No
Financial Information:
Tvpe: Other
Bid Required? No
Bid Exceptions:
Less than $2,500
In Current Year Budget?
Yes
Budaet Adjustment:
No
Current Year Cost:
$0.00
Annual Operatina Cost:
$0.00
City Council
Cover Memorandum
For Fiscal Year:
10/01/2003 to 09/30/2004
Total Cost:
$0.00
Not to Exceed:
$0.00
Review Approval
Pam Akin
Cvndie Goudeau
03-29-2004 14:39:52
04-02-2004 10:25:44
City Council
Cover Memorandum
t 1\ ) 0
Trackina Number: 498
Actual Date: 04/15/2004
Subject / Recommendation:
Appoint Commission members as representatives on the Regional and Miscellaneous Boards listed
below.
Summary:
City Council
Cover Memorandum
Current appointments:
Board (Date/Time of Meeting)
Delegate
Tampa Bay Regional Planning Council (TBRPC) Petersen
(2nd Mon. - 10:00 a.m.)
Suncoast League of Municipalities B.O.D. Jonson
(3rd Sat. - 11:00 a.m.)
Performing Arts Center & Theater B.O.D. (PACT)
(3rd Mon. - 5:00 p.m.)
Aungst (On hold)
Mayor's Council of Pinellas County
(1st Wed. - 11:30 a.m.)
Aungst
Chi Chi Rodriguez Youth Foundation B.O.D. Hamilton (On hold)
(twice a year-Mar. & either Sept. or Oct.-time/location TBA)
Jolley Trolley Transportation of Clearwater,Inc.B.O.D. Hamilton (On hold)
(Quarterly on 2nd Wed. - 5:30 p.m.)
C.H.I.P. Board of Directors (On hold)
(Last Wed. - 8:00 a.m. - Police Headquarters)
Clearwater Marina Aquarium Board
Hibbard (On hold)
Barrier Island Governmental Council Hamilton
(4th Wed. - 9:00 a.m. - location TBA for each meeting)
Tampa Bay Partnership Board of Governors Aungst
(as called)
Tampa Bay Partnership Policy Board Aungst
(bi-monthly - 9:00 a.m.)
Tampa Bay Estuary Policy Board Jonson
(Quaterly - 1 :30 p.m.)
Commission member highly recommended
Sister Cities Committee
Petersen
The following boards have the specific term expiration date noted:
Emergency Medical Services Advisory Council (EMS) Aungst (see memo)
(Annually on 3rd Wed. in March - 3:00 p.m.) (term expires 5/2003)-2 yr term
(EMS Charter requires Mayor to serve as representative)
Pinellas WorkNet Board Hamilton (see memo)
(3rd Wed.-8:30 a.m.-location TBA for each meeting) (term expires 9/30/2004)-2 yr term
St. Petersburg/Clearwater Area Economic
Development Council
Jonson
(term expires 10/2005)-1 yr term
City Council
Cover Memorandum
(Quarterly-time & location TBA for meeting)
Pinellas Planning Council (PPC)
(3rd Wed. - 9:00 a.m.)
Board (Date/Time of Meeting)
Hamilton
(term expires 12/31/2004)-2 yr term
Delegate
Pinellas Suncoast Transit Authority (PSTA) Jonson
(4th Wed. - 9:00 a.m.) (term expires 9/30/2006)-3 yr term
Metropolitan Planning Organization (MPO)
(2nd Wed. - 1 :00 p.m.)
Hibbard
(term expires 09/2005) - 4 yr term
Pension Advisory Committee (PAC)
(2nd Thurs. - 9:00 a.m.)
Petersen 4/4/2005 - 2 yr term
Hamilton 4/4/2006 - 2 yr term
Hibbard 4/4/2006 - 2 yr term
Main Street Joint Venture
(quarterly)
Jonson
Originating: Official Rec and Legislative Svc
Section: Consent Agenda
Category: Other
Number of electronic documents attached: 0
Public Hearing: No
Financial Information:
Type: Other
Review Approval
Cvndie Goudeau
04-09-2004
14:27:51
Garrv Brumback
04-09-2004
13:26: 13
Bill Horne
04-09-2004
13:31:16
u.
o
>-
t-
u
Interoffice Correspondence Sheet
To: City Council
From: Cyndie Goudeau, City Clerk
CC: William Horne, City Manager; Garry Brumback, Assistant City Manager;
Ralph Stone, Assistant City Manager; Pam Akin, City Attorney
Date: April 13,2004
RE: Regional Board Appointments
Additional information is provided regarding Pinellas WorkNet and EMS Advisory Council.
Pinellas WorkNet - Board Membership is limited (mandated by State) and requires a letter
of recommendation and resume be sent to the Nominating Committee. The Nominating
Committee meets and forwards their recommendation to the Board. After Board approval,
the name is forwarded to the Board of County Commissioners.
EMS Advisory Council - The appointment is made by the Mayor's Council. When
Mayor Aungst's term expired in June 2003, EMS sent a letter to the Mayor's Council,
but did not receive a response.
Commission Representation on Regional and Miscellaneous Boards
~ Barrier Island Governmental Council (Big C) Meets as called. Councilmember
liaison is appointed to assist Big C Council in dealings regarding beach issues, and in
particular, the Gulf Boulevard Beautification Project. Their charter only permits
elected officials of the barrier island municipalities to serve on the board, they
recognize the significance of Clearwater to their efforts.
~ Chi Chi Rodriguez Youth Foundation Trustees: Meets annually usually the end of
July or the beginning of August, the length ofthe meeting is approximately 3 hours.
The purpose of this organization shall be to conduct educational, vocational,
rehabilitative and physical training programs for dependent and economically
deprived children; to promote public awareness of the needs of such children; and to
conduct research into the methods of educating, rehabilitating and training such
children. In conducting such activities and programs, this corporation shall not
discriminate on the basis of race.
~ Clearwater Marine Aquarium Foundation Board Information to be provided at a later
date.
~ Downtown Development Board Ex-Officio Members (2) are CRA Trustees
~ Emer~ency Medical Services Advisory Council (EMS): Meets annually in March on
the 3r Wednesday at 3 p.m., the length ofthe meeting is approximately 2 hours. The
objective is to study and analyze the procedures and protocols of emergency medical
services of Pine lIas County; to recommend to the EMS Authority (Board of County
Commissioners) such actions as deemed necessary to ensure emergency medical
services throughout Pinellas County; and to review and comment upon all rules,
regulations and procedures that are adopted by the Medical Control Board and do not
require emergency action by the Pinellas County Medical Director.
~ Florida League of Cities Board of Directors: Has 4 meetings a year (April, August,
September, and November), the length ofthe meeting is approximately 1 to 2 hours.
The general purpose is to study the problems of municipalities and other units of local
government rendering municipal services, and work for the general improvement of
municipal government and its efficient administration in this state through
cooperative effort; to bring closer together the units of municipal government of the
state, for the purpose of mutual assistance in the solution of municipal problems, and
to promote the exchange of ideas and experiences in successful methods of local
administration; to represent its members before the various legislative, executive and
judicial branches of government on issues pertaining to the welfare of its members; to
foster municipal education and a great civic consciousness among the citizens of the
state, and to encourage and work for the welfare of the citizens of the respective
communities of Florida.
~ Homeless Task Force: Meets the last Wednesday of each month at 8 a.m., the length
of the meeting is approximately 1 hour. The purpose for which the Corporation is
organized is to provide shelter for the homeless and such other charitable actions as
may be determined by the Board of Director's or members ofthe Corporation which
is lawful under the laws of the State of Florida and permitted by Section 501 (c) (3) of
the Internal Revenue Code of 1986 and to do any other act or thing incidental to or
connected with the foregoing purposes and objectives or advancement thereof, but not
for the pecuniary profit or financial gain of its directors, officers or members.
~ Jolley Trolley Transportation of Clearwater Board of Directors: Meets the 2nd
Wednesday of every other month at 5:30 p.m., the length ofthe meeting is
approximately 1 hour. The business and affairs of the Corporation shall be managed
by its Board of Directors. The meetings are more a report ofthe operational aspects.
~ Mayors' Council of Pine lIas County: Meets the 1 st Wednesday of every month at
11 :30 a.m., the length of the meeting is approximately 2-3 hours.
~ Main Street Joint Venture Information will be provided at a later date.
~ Metropolitan Planning Organization (MPO): Meets on the 2nd Wednesday ofthe
month at 1 :00 p.m., the length ofthe meeting is approximately 3-4 hours. The
Organization uses state statutes; makes decisions on Transportation Improvement
Programs; and FDOT, PSTA, airport, county, & municipalities work programs.
~ Pension Advisory Committee (PAC): Meets the 2nd Tuesday of the month at 9:00
a.m., the length of the meeting is approximately 1 hour. The committee shall have
authority to arrange for physicians to pass all medical examinations. The committee
shall review such physicians' reports and prepare its recommendations as to the
acceptance or denial of employees as participants and forward same to the trustees.
Establish the scope of the medical examinations to be used for benefit eligibility and
medical standards to be used for benefit eligibility and to guide the examining
physicians in reaching their conclusions and recommendations. Investigate and
recommend to the trustees, in conjunction with the actuaries, such mortality/service
and other tables for the operation of the plan. Make recommendations to the trustees
for improvements or changes in the plan. Receive all applications for benefits under
this plan and determine all facts that are necessary to establish the right of an
applicant to benefits under the plan. Prepare and distribute to the participants
information relating to the plan. Investigate and determine the eligibility of
participants for disability pension.
~ Performing Arts Center & Theater Board of Directors (PACT): Meets the 3rd Monday
at 5 p.m., the length of the meeting is approximately 1 hour. The purpose and
objectives of this corporation shall be to promote and to support the establishment
and operation of the Performing Arts Theater facility on property owned or to be
owned, or both, by the corporation in the City of Clearwater, Florida, and for such
other purposes as are related thereto; and to develop educational programs for adults
and children in the field of the performing arts.
~ Pinellas County Planning Council: Meets the 3rd Wednesday of each month at 9:30
a.m., the length of the meeting is approximately 3 hours. The Council has the general
responsibility for recommendations on the countywide comprehensive plan for
Pinellas County to the Board of County Commissioners. The Council also has
several other specific responsibilities assigned by law.
~ Pinellas Planning Council (PPC): Meets on the 3rd Wednesday of the month at 9:30
a.m., the length of the meeting is approximately 3 hours. The board handles the
operating procedures ofthe PPC.
~ Pinellas Suncoast Transit Authority (PSTA): Meets the 4th Wednesday of each month
at 9 a.m.(except April at 3 p.m. and NovemberlDecember-l 5t week of December), the
length ofthe meeting is approximately 2-3 hours. It shall be the duty of the Board of
Directors to discharge the obligations and responsibilities imposed upon the Board by
state law, federal law and these Rules and Regulations. The Board shall be
responsible for evaluating the job performance of all employees that the Board has
the direct authority to hire and fire. The Board shall provide for an annual
independent audit by a firm of certified public accountants of all PST A accounts and
may provide for more frequent audits if the Board deems it necessary. Except for the
purpose of inquires and investigations, the Board of Directors or its members
individually shall deal with PSTA officers and employees who are subject to the
direction and supervision of the executive director solely through the executive
director, and neither the Board nor its members shall give orders to any such officer
or employee either publicly or privately.
~ Pinellas Workforce Development Board: Meets the l5t or 2nd Friday of each month at
8:30 a.m., the length ofthe meeting is approximately 2 hours. The purpose of the
Board includes controlling and administration of its business and affairs pertaining to
workforce development; Establish policies and procure services to prepare unskilled
youths and adults for long term employment within the local community; Provide
policy guidance and oversight on matters pertaining to the provision of services under
the Job Training Partnership Act for Region 14 and oversight to matters affecting all
workforce development, as allowed by state and federal authority; Establish the
policies, goals and objective of the local employment and training system in
accordance with identified needs, including the certification of competency levels for
training programs; Emphasize coordination of Region 14 employment and training
programs with state job training and employment organizations, education agencies,
other human service funding organizations, and economic development and private
sector groups; and Educate the residents of Pine lias County, members ofthe
employer community, and training vendors in matters pertaining to employment,
training, and labor market information.
~ St. Petersburg/Clearwater Area Economic Development Council Meets quarterly.
The purpose is to improve the business and competitive position for Pinellas County.
The goals are to enhance economic activity in Pinellas County by attracting
manufacturing development. Business enterprise management and other activities
conducive to providing a stronger and stable economy.
~ Suncoast League of Municipalities Board of Directors: Meets the 3rd Saturday of
every month at 11 :00 a.m., the length of the meeting is approximately 2 hours.
Promotion of improvements of municipal government and its relationship with the
Legislature of the State of Florida. To discuss mutual municipal problems, to
increase the efficiency and effectiveness of municipal government. To work to bring
the membership closer together for the purpose of mutual assistance in the solution of
municipal problems. To promote and advance the best interest of the municipalities
along the West Coast of Florida. To operate in close affiliation with the Florida
League of Cities and assist them in their lobby efforts on behalf of all cities in our
membership area.
~ Tampa Bay Estuary Policy Board: Meets quarterly at 1 :30 p.m., the length of the
meeting is approximately 3 hours. The members of the Management Board shall
serve as advisors to the Policy Board to oversee the efficient and fiscally responsible
operation of the TBEP and to monitor the commitments of the parties to the Interlocal
Agreement, including development and implementation of Action Plans and Action
Plan supplements.
~ Tampa Bay Partnership Policy Board: Meets every other month as called at 9:00 a.m.,
the length of the meeting is approximately 1-1 ~ hours. The business and affairs of
the Corporation shall be managed by or under the direction of, the Board of Directors,
which may exercise all powers and do all such acts and things as may be exercised or
done by the Corporation.
~ Tampa Bay Regional Planning Council (TBRPC): Meets the 4th Monday of every
month at 10:00 a.m., the length ofthe meeting is approximately 2 hours. TBRPC's
specific duties include maintaining Future of the Regional Policy Plan, environmental
management, water quality and emergency preparedness planning, protection and
restoration of the Tampa Bay estuary, coastal zone management, housing and
infrastructure analysis, hurricane evacuation and recovery planning, development of
regional impact review, local government comprehensive plan review, cross-
acceptance, dispute resolution, review of transportation plans
~ Clearwater
:~~~=~~:~~3~?,~~;~~~::;~~:s:~
Purchasing Memorandum
City Commission
04/15/2004
Agenda Number: 2414
Pu (( \ - ~
il.'1
Agenda Item No: 5.1
Purchase contract
Type:
Quantity:
Requesting Dept: Gas System
Using Dept:
Gas System
Bid Number or
Code Exception: City of Clearwater Bid 10-04
Vendorlnfo:
Description:
Comments:
Am ou n t:
$ 125,885.00
M T Deason Company Inc., Birmingham,
A]abama
Gas Material - Meters and Regulators during the contract period: May 1,2004 through Apri] 30, 2005.
Low bid for items awarded.
This bid award has been split among 4 vendors based on lowest price
Appropriation Code(s):
423-00000-141170-000-000
Comments:
Inventory code
Codes charged when used: Pinellas 315-96377-563300-532-000
Pasco 315-96378-563300-532-000
\\.\d-
2 Agenda Item No: 5.2
Purchase contract
Type:
Quantity:
Requesting Dept: Gas System
Using Dept: Gas System
Bid Numbet- 01-
Code Exception: City of Clearwater Bid 10-04
VendorInfo:
Description:
Comments:
Amount:
$ ]45,18000
American Meter Company, A van Park, Florida
Gas Materials - Meters and Regulators during the contract period: May 1, 2004 through April 30, 2005.
Low bid for items awarded.
This bid was split among four vendors based on low bid.
Appropriation Code(s):
423-00000-141170-000-000
Com ments:
Inventory code
Code charged when used Pinellas - 315-96377-563300-532-000
Pasco - 315-96378-563300-532-000
Id.. \
City Council
Agenda Cover Memorandum
P01
Trackinq Number: 501
Actual Date: 04/15/2004
Subject / Recommendation:
Pass ordinance 7280-04 on first reading, which will amend the City of Clearwater Ordinance
relating to fees for services provided by the Police Department.
Summary:
1. This amendment to Appendix A, will include and revise the fees for administrative services
provided to persons seeking to solicit, seeking letters of good conduct, seeking to obtain
fingerprint services or police reports, applying for an occupational license, or seeking to drive
taxicabs or public conveyances within the city.
2. The amendment of ordinance 7280-04 will reimburse the Clearwater Police Department for
costs to provide those administrative services.
Originating: Police
Section Other items on City Manager Reports
Category: Other
Financial Information:
~ Other
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Ordinance 7280-04
Review Approval
Sid Klein
03-26-2004
11:07:05
Garrv Brumback
04-02-2004
13:56:08
Rob Surette
04-02-2004
11:25:37
Bill Horne
04-02-2004
16:25:07
Cyndie Goudeau
04-05-2004
08:35:38
ORDINANCE NO. 7280-04
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO FEES FOR SERVICES PROVIDED BY THE POLICE
DEPARTMENT; AMENDING APPENDIX A, TO INCLUDE AND REVISE
THE FEES FOR ADMINISTRATIVE SERVICES PROVIDED TO
PERSONS SEEKING TO SOLICIT, SEEKING LETTERS OF GOOD
CONDUCT, SEEKING TO OBTAIN FINGERPRINT SERVICES OR
POLICE REPORTS, APPLYING FOR AN OCCUPATIONAL LICENSE,
OR SEEKING TO DRIVE TAXICABS OR PUBLIC CONVEYANCES
WITHIN THE CITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Clearwater Police Department provides substantial services to persons
seeking to solicit or to drive taxicabs or public conveyances within the city limits, who are
required by the Code of Clearwater to undergo a police background investigation, including but
not limited to fingerprinting them, submitting the fingerprints to the Florida Department of Law
Enforcement for a criminal background check, and reviewing the results;
WHEREAS, the Clearwater Police Department also provides substantial services to
applicants for city occupational licenses, who are required to undergo a police background
investigation pursuant to Section 29.27, Code of Clearwater, including fingerprinting them,
submitting the fingerprints to the Florida Department of Law Enforcement for a criminal
background check, reviewing the results, and making a recommendation to the Director of
Development and Neighborhood Services;
WHEREAS, the Florida Department of Law Enforcement charges the Clearwater Police
Department $23.00 to provide a criminal background report;
WHEREAS, the administrative labor costs to the Clearwater Police Department in
completing the background investigation are $27.00;
WHEREAS, the Clearwater Police Department also provides other services to persons,
including the issuance of letters of good conduct, fingerprint services, and police reports;
WHEREAS, the current schedule of fees to provide those services needs to be amended
to reimburse the Clearwater Police Department for its actual costs to provide those services;
now therefore
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1.
Section XII of Appendix A, Code of Ordinances, is amended as follows:
XII. PEDDLERS, SOLICITORS AND CANVASSERS:
ft1 Peddlers Application Fee (~ 23.33(5)).........................................................50.00 ~
(2) Charitablo organization registration fee (~ 23.81)..................................................10.00
Section 2.
Section XIII of Appendix A, Code of Ordinances, is amended as follows:
XIII. POLICE DEPARTMENT:
Ordinance No. 7280-04
Fees for services provided bv the Police Department:
,c'ees for permits and report requests processed by the poNce department:
(1) Solicitor pcrmits (~ 23.81).................... ................... .............. .......... ............ ....... 10.00
ill~ Taxi permits (~25.071) (see also PUBLIC TRANSPORTATION CARRIERS) 10.00
mt3t Public conveyance Vchiclc fDr hirc permits (~ 25.171 t
(see also PUBLIC TRANSPORTATION CARRIERS) ................................. 10.00
mt41 Taxicab/public conveyance vehicle permit sticker.............................................. 2.00
illfat Handbill distribution permits (~3.41).................................................................. 10.00
(6) Strcct ~rtist I.D.................................................................................................... 10.00
@f7t Amusement machine permits (SS7.26, 7.42)..................................................... 10.00
(8) Cabarct c~rdG...................................................................................................... 5.00
lIDt9t Letters of good conduct..................................................................................5.00 ~
illfi41 Bank employee I. D. processing........................................................................... 5.00
@lfi-B Fingerprinting:
(a) One card............................................................................................ ..5.00 ~
(b) Additional cards, each......................................................................... .2.00 4-:00
iIDt+~r~Auto accident report copies...................................(Fee as set by Florida Statute) ~
f.1Qlt+3rEvent report copies..............................................(Fee as set by Florida Statute) ~
1.11lt+4r:Other report copies..............................................(Fee as set by Florida Statute) ~
(15) Rccord chccl{s by mail......................................................................................... 2.00
(16) Black ~nd whitc photographc:
(a) Four by fi'Jc............................................................................................... 2.00
(b) Fivc by ccvcn............................................................................................ 3.00
(c) Eight by tcn................................ ........................................ ....................... 4.00
(17) Color photogr;:tphs:
(a) F 0 u r by fi'.'c................................................................................................ 3. Ot}
(b) Fivc by cc'.'cn............................................................................................. 4.00
(c) Eight by tcn................................................................................................ 6.00
*Up to six pagcs; additional pagcs, pcr pagc................................................................... 0.25
(12) Administrative fee for processinq backqround investiqation (~29.27)............... 50.00
2
Ordinance No. 7280-04
Section 3.
Section XIV of Appendix A, Code of Ordinances, is amended as follows:
XIV. PUBLIC TRANSPORTATION CARRIERS:
Taxicab operators permit fee (~ 25.082) (see also POLICE DEPARTMENT).......50.00 ~
Public conveyance operators permit fee (~ 25.193) (see also POLICE DEPARTMENT)50.00
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest
Robert J. Surette
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
3
Ordinance No. 7280-04
\~.d--
~ Clearwater
City Council
PD~
~ :3~~::::::~~~~~.
Agenda Cover Memorandum
Tracking Number: 502
Actual Date: 04/15/2004
Subject / Recommendation:
Approve the Pinellas County Interlocal Mutual Aid Agreement concerning Traffic Accident
Investigations and Traffic Enforcement and adopt Resolution #04-08 authorizing the appropriate
officials be authorized to execute same.
Summary:
1. Mutual aid agreements among law enforcement agencies are authorized by Chapter 23,
Florida Statutes, for rendering voluntary assistance of a routine law enforcement nature to one
another across jurisdictional lines.
2. Aggressive drivers, speeders, and other traffic violators do not respect jurisdictional
boundaries; yet municipal law enforcement officers in Pinellas County are powerless to enforce
traffic laws or conduct traffic-accident investigations on a street contiguous to the jurisdictional
boundaries of the officer's employing municipality but in the jurisdiction of the other cooperating
agency.
3. The proposed Mutual Aid Agreement will allow a uniformed, on-duty, municipal law
enforcement officer in Pinellas County to conduct traffic accident investigations on a street
contiguous to the jurisdictional boundaries of the officer's employing municipality but in the
jurisdiction of the other cooperating agency when the agency in whose jurisdiction the accident
occurred is unable to dispatch an officer to the scene.
4. The proposed Mutual Aid Agreement will also allow a uniformed, on-duty, municipal law
enforcement officer in Pinellas County to take appropriate action when he/she observes a traffic
infraction occurring on a street contiguous to the jurisdictional boundaries of the officer's
employing municipality but in the jurisdiction of the other cooperating agency.
5. The Mutual Aid Agreement will terminate on January 1, 2005.
6. The City Attorney and Police Chief recommend approval.
7. The Mutual Aid Agreement is available for review in the City Clerk's Department.
Originating: Police
Section Other items on City Manager Reports
Category: Code Amendments - All
Financial Information:
~ Other
Bid Required? No
Bid Exceptions:
Other
~ Clearwater
~~~~::::~&~
~<",;/<\.,,;:..,/,""'J""'~""~'
Other Contract?
Resolution 04-08
Review Approval
Sid Klein
Garrv Brumback
Rob Surette
Bill Horne
Cvndie Goudeau
City Council
Agenda Cover Memorandum
03-26-2004 11:05:33
04-02-2004 13: 56: 56
04-02-2004 11:19:38
04-02-2004 16:45:28
04-05-2004 08:30:10
RESOLUTION NO. 04-08
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA, AUTHORIZING THE EXECUTION OF
THE "PINELLAS COUNTY INTERLOCAL MUTUAL AID
AGREEMENT CONCERNING TRAFFIC ACCIDENT
INVESTIGATIONS AND TRAFFIC ENFORCEMENT";
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater pursuant to Section 23.1225(1 )(a), Florida
Statutes, is desirous of entering into an agreement that allows voluntary cooperation and
assistance of a routine law enforcement nature across jurisdictional lines by and among
participating law enforcement agencies within Pinellas County for the purpose of
conducting accident investigations and traffic enforcement; and
WHEREAS, the City of Clearwater has deemed it to be in the best interest of its
citizens to enter into the "Pinellas County Interlocal Mutual Aid Agreement Concerning
Traffic Accident Investigations and Traffic Enforcement"; and
WHEREAS, Section 23.1225(3), Florida Statutes, states that the chief executive
officer of an agency may enter into a Mutual Aid Agreement on behalf of a law
enforcement agency if authorized to contractually bind the agency; now therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The City Commission hereby authorizes the Mayor, City Manager,
and Chief of Police on behalf of the Clearwater Police Department to execute the
"Pinellas County Interlocal Mutual Aid Agreement Concerning Traffic Accident
Investigations and Traffic Enforcement," a copy of which is attached hereto, between the
City of Clearwater and the other participating law enforcement agencies within Pinellas
County.
Section 2.
This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this _ day of
,2004.
Approved as to form:
Brian J. Aungst
Mayor-Commissioner
Robert J. Surette
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Resolution 04-08
f2e : I;}.~
~~ PlJ~
PINELLAS COUNTY INTERLOCAL MUTUAL AID AGREEMENT
CONCERNING TRAFFIC ACCIDENT INVESTIGATIONS
AND TRAFFIC ENFORCEMENT
THIS AGREEMENT is made and entered into by and between the
undersigned municipalities in Pinellas County, Florida and Everett S. Rice,
as Sheriff of Pinellas County, Florida.
WITNESSETH:
WHEREAS, Florida Statute 23.1225(1 )(a) provides for written
voluntary cooperation agreements between two or more law enforcement
agencies which permits voluntary cooperation and assistance of a routine
law enforcement nature across jurisdictional lines; and,
WHEREAS, Pinellas County is densely populated and contains a
large number of municipalities which share common borders with each
other and with unincorporated areas of the county; and,
WHEREAS, the Sheriff and the undersigned municipalities determine
it is in the best interest of the health, safety and welfare of all citizens of
Pinellas County to enter into a Voluntary Cooperation Agreement
concerning traffic accident investigation and traffic enforcement.
NOW, THEREFORE, the undersigned parties agree as follows:
The purpose of this mutual aid agreement is to define law
enforcement cooperation on streets, roads, or other traveled ways,
including the right-of-way thereof, which are adjacent to or which form the
boundary between municipalities who are parties to this agreement or
between a municipality and an unincorporated portion of Pinellas County.
Such streets, roads, or other traveled ways, including the rights-of-way
thereof which are adjacent to or which form the boundary between
municipalities who are parties to this agreement or between such
municipality and an unincorporated portion of the county are described
hereinafter as contiguous ways.
I. Hazardous Traffic Conditions
Where an automated traffic control device located on a contiguous
way has malfunctioned and such malfunction poses a hazard to
vehicular or pedestrian traffic, an on-duty, uniformed, officer of an
adjacent municipality may immediately commence to divert or direct
traffic or take such other action as is reasonably necessary to reduce
the hazard to the traveling public. Such officer shall immediately
notify the agency in whose jurisdiction the device is located of the
malfunction and the action being taken. Upon arrival of an officer
from the agency with original jurisdiction, the cooperating officer shall
relinquish control of the area.
II. When a traffic accident occurs on a contiguous way, a uniformed, on-
duty officer from the adjacent municipality may commence necessary
first aid and traffic control. The officer on the scene shall contact the
jurisdiction in which the accident occurred. If that jurisdiction advises
they are unable to dispatch an officer to the scene within twenty (20)
minutes of the contact, the officer on the scene shall proceed to work
the accident, to issue any and all necessary citations, notices to
appear or to effect arrests; collect and preserve evidence, and/or to
take such action as is necessary and appropriate to protect the health
and safety of the public as such may be appropriate to the particular
circumstances. The jurisdiction taking law enforcement action shall,
at the conclusion of the event, notify the jurisdiction in which the
event occurred of the law enforcement action taken.
III. When a uniformed, on-duty, officer of a municipality observes a traffic
infraction occurring on a contiguous way, such officer may take
appropriate action to enforce the traffic laws of the state. Such officer
shall promptly notify the jurisdiction in which the violation occurred of
incident and the action taken.
IV. The terms of this agreement as set forth above shall constitute the
procedures for requesting and for authorizing assistance. No formal
request or authorization except as set forth above shall be necessary
to implement this agreement for voluntary cooperation.
V. On-duty municipal law enforcement officers enforcing traffic laws and
conducting traffic accident investigations pursuant to this section shall
be under the direction and authority of the commanding officers of
their employing agency.
VI. All fines shall accrue to the municipality or unincorporated area where
the offense occurred. In order to facilitate the proper disposition of
fines, each ticket written by municipal officers shall indicate the name
2
of the city in which the infraction occurred or, if the incident occurred
in the unincorporated area of the county, the ticket should note that
clearly on the face thereof.
VII. The proceeds of any forfeiture action arising out of any law
enforcement action described in paragraphs II or III above shall be
shared equally between the agency taking the law enforcement
action and the agency having original jurisdiction.
VIII. All wage and disability payments, pensions, workers compensation
claims, and medical expenses shall be paid by the officer's employing
agency.
IX. Whenever the employees of any law enforcement agency are
rendering aid outside their municipal jurisdiction pursuant to the terms
of this agreement, such officers shall have the same powers, duties,
rights, privileges, and immunities as if they were performing their
duties in the jurisdiction in which they are employed.
X. Each agency shall be responsible for bearing its own costs
associated with any loss or damage incurred to that jurisdiction's
property, equipment or resources as a result of the use of such
property in voluntary cooperation pursuant to this agreement.
XI. Each party hereto shall bear all court costs, defense costs, liability
costs and all other costs of whatever kind or character arising out of
acts or omissions undertaken by its officers pursuant to this
agreement. Each party to this agreement agrees to the extent
permitted by law, to indemnify and hold the others harmless from any
claims, lawsuits, and/or causes of action arising out of the acts,
omissions and conduct of its own officers, agents and/or employees.
Nothing contained herein shall be construed to waive or modify the
provisions of F.S. 768.28 as such is applicable to any party hereto.
XII. This agreement shall be binding upon the parties from May 1, 2004
and shall continue in full force and effect until January 1, 2005.
However, any party hereto may withdraw or cancel such party's
participation in this voluntary cooperation mutual aid agreement
without liability to any other party hereto by providing written notice of
such withdrawal no less than ten (10) days prior to such withdrawal.
However, the withdrawal from or cancellation of this agreement shall
be effective only as to that party and this agreement shall remain in
full force and effect as to those remaining parties who have not
provided written notice of cancellation or withdrawal.
3
IN WITNESS WHEREOF, the parties hereto cause their signatures to be
affixed.
REMAINING PAGE BLANK
4
In acknowledgment and execution of the Pinellas County Interlocal
Mutual Aid Agreement Concerning Traffic Accident Investigations and
Traffic Enforcement, pages one through four inclusive, I hereby set my
hand and seal:
PINELLAS COUNTY SHERIFF'S OFFICE
EVERETT S. RICE, Sheriff
STATE OF FLORIDA
COUNTY OF PINELLAS
Before me, this day of 2004, an officer duly
authorized by law to administer oaths and take acknowledgments,
personally appeared EVERETT S. RICE, Sheriff of Pinellas County,
Florida, who is personally known to me and who acknowledged he
executed the foregoing agreement.
Signature
Title
Serial No.
Type, Print, Stamp Name
My commission expires:
In acknowledgment and execution of the Pinellas County Interlocal
Mutual Aid Agreement Concerning Traffic Accident Investigations and
Traffic Enforcement, pages one through four inclusive, as authorized by
Belleair Town Commission, we hereby set our hand and seal.
5
ATTEST:
TOWN OF BELLEAIR
City Clerk
APPROVED AS TO FORM
Mayor
City Manager
City Attorney
Law Enforcement Agency Head
STATE OF FLORIDA
COUNTY OF PINELLAS
Before me, this day of 2004, an officer duly
authorized by law to administer oaths and take acknowledgments,
personally appeared the above officials of the Town of Belleair, a municipal
corporation of Florida, who are known to me and who acknowledged they
executed the foregoing Agreement as the proper officials of the Town of
Belleair, and the same is the act and deed of that City.
Signature
Title
Serial No.
Type, Print, Stamp Name
My commission expires:
In acknowledgment and execution of the Pinellas County Interlocal
Mutual Aid Agreement Concerning Traffic Accident Investigations and
Traffic Enforcement, pages one through four inclusive, as authorized by
, we hereby set our hand and seal.
ATTEST:
CITY OF BELLEAIR BEACH
6
City Clerk
APPROVED AS TO FORM
Mayor
City Manager
City Attorney
Law Enforcement Agency Head
STATE OF FLORIDA
COUNTY OF PINELLAS
Before me, this day of 2004, an officer duly
authorized by law to administer oaths and take acknowledgments,
personally appeared the above officials of the City of Belleair Beach, a
municipal corporation of Florida, who are known to me and who
acknowledged they executed the foregoing Agreement as the proper
officials of the City of Belleair Beach, and the same is the act and deed of
that City.
Signature
Title
Type) Print, Stamp Name
Serial No.
My commission expires:
In acknowledgment and execution of the Pinellas County Interlocal
Mutual Aid Agreement Concerning Traffic Accident Investigations and
Traffic Enforcement, pages one through four inclusive, as authorized by
, we hereby set our hand and seal.
ATTEST:
CITY OF CLEARWATER
City Clerk
APPROVED AS TO FORM
Mayor
7
City Manager
City Attorney
Law Enforcement Agency Head
STATE OF FLORIDA
COUNTY OF PINELLAS
Before me, this day of 2004, an officer duly
authorized by law to administer oaths and take acknowledgments,
personally appeared the above officials of the City of Clearwater, a
municipal corporation of Florida, who are known to me and who
acknowledged they executed the foregoing Agreement as the proper
officials of the City of Clearwater, and the same is the act and deed of that
City.
Signature
Title
Type, Print, Stamp Name
Serial No.
My commission expires:
In acknowledgment and execution of the Pinellas County Interlocal
Mutual Aid Agreement Concerning Traffic Accident Investigations and
Traffic Enforcement, pages one through four inclusive, as authorized by
City Council, we hereby set our hand and seal.
ATTEST:
CITY OF GULFPORT
City Clerk
City Manager
APPROVED AS TO FORM
City Attorney
Law Enforcement Agency Head
8
STATE OF FLORIDA
COUNTY OF PINELLAS
Before me, this day of 2004, an officer duly
authorized by law to administer oaths and take acknowledgments,
personally appeared the above officials of the City of Gulfport, a municipal
corporation of Florida, who are known to me and who acknowledged they
executed the foregoing Agreement as the proper officials of the City of
Gulfport, and the same is the act and deed of that City.
Signature
Title
Type, Print, Stamp Name
Serial No.
My commission expires:
In acknowledgment and execution of the Pinellas County Interlocal
Mutual Aid Agreement Concerning Traffic Accident Investigations and
Traffic Enforcement, pages one through four inclusive, as authorized by
Indian Shores Town Council, we hereby set our hand and seal.
ATTEST:
TOWN OF INDIAN SHORES
City Clerk
Mayor
APPROVED AS TO FORM
Law Enforcement Agency Head
City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
9
Before me, this day of 2004, an officer duly
authorized by law to administer oaths and take acknowledgments,
personally appeared the above officials of the Town of Indian Shores, a
municipal corporation of Florida, who are known to me and who
acknowledged they executed the foregoing Agreement as the proper
officials of the Town of Indian Shores, and the same is the act and deed of
that City.
Signature
Title
Serial No.
Type, Print, Stamp Name
My commission expires:
In acknowledgment and execution of the Pinellas County Interlocal
Mutual Aid Agreement Concerning Traffic Accident Investigations and
Traffic Enforcement, pages one through four inclusive, as authorized by
, we hereby set our hand and seal.
ATTEST:
TOWN OF KENNETH CITY
City Clerk
Mayor
APPROVED AS TO FORM
Law Enforcement Agency Head
City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
Before me, this day of 2004, an officer duly
authorized by law to administer oaths and take acknowledgments,
personally appeared the above officials of the Town of Kenneth City, a
municipal corporation of Florida, who are known to me and who
10
acknowledged they executed the foregoing Agreement as the proper
officials of the Town of Kenneth City, and the same is the act and deed of
that City.
Signature
Title
Type, Print, Stamp Name
Serial No.
My commission expires:
In acknowledgment and execution of the Pinellas County Interlocal
Mutual Aid Agreement Concerning Traffic Accident Investigations and
Traffic Enforcement, pages one through four inclusive, as authorized by
Largo City Commission, we hereby set our hand and seal.
ATTEST:
CITY OF LARGO
City Clerk
Mayor
APPROVED AS TO FORM
City Manager
Law Enforcement Agency Head
City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
Before me, this day of 2004, an officer duly
authorized by law to administer oaths and take acknowledgments,
personally appeared the above officials of the City of Largo, a municipal
corporation of Florida, who are known to me and who acknowledged they
executed the foregoing Agreement as the proper officials of the City of
Largo, and the same is the act and deed of that City.
II
Title
Signature
Type, Print, Stamp Name
Serial No.
My commission expires:
In acknowledgment and execution of the Pinellas County Interlocal
Mutual Aid Agreement Concerning Traffic Accident Investigations and
Traffic Enforcement, pages one through four inclusive, as authorized by
City of Pinellas Park, we hereby set our hand and seal.
ATTEST:
CITY OF PINELLAS PARK
City Clerk
Mayor
APPROVED AS TO FORM
City Manager
Law Enforcement Agency Head
City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
Before me, this day of 2004, an officer duly
authorized by law to administer oaths and take acknowledgments,
personally appeared the above officials of the City of Pinellas Park, a
municipal corporation of Florida, who are known to me and who
acknowledged they executed the foregoing Agreement as the proper
officials of the City of Pinellas Park, and the same is the act and deed of
that City.
Signature
Title
12
Type, Print, Stamp Name
Serial No.
My commission expires:
In acknowledgment and execution of the Pinellas County Interlocal
Mutual Aid Agreement Concerning Traffic Accident Investigations and
Traffic Enforcement, pages one through four inclusive, as authorized by
) we hereby set our hand and seal.
ATTEST:
CITY OF ST. PETE BEACH
City Clerk
Mayor
APPROVED AS TO FORM
City Manager
City Attorney
Law Enforcement Agency Head
STATE OF FLORIDA
COUNTY OF PINELLAS
Before me, this day of 2004, an officer duly
authorized by law to administer oaths and take acknowledgments,
personally appeared the above officials of the City of St. Pete Beach, a
municipal corporation of Florida, who are known to me and who
acknowledged they executed the foregoing Agreement as the proper
officials of the City of St. Pete Beach, and the same is the act and deed of
that City.
Signature
Title
Type, Print, Stamp Name
Serial No.
13
My commission expires:
In acknowledgment and execution of the Pinellas County Interlocal
Mutual Aid Agreement Concerning Traffic Accident Investigations and
Traffic Enforcement, pages one through four inclusive, as authorized by
, we hereby set our hand and seal.
ATTEST:
CITY OF ST. PETERSBURG
City Clerk
Mayor
APPROVED AS TO FORM
Chief of Police
City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
Before me) this day of 2004, an officer duly
authorized by law to administer oaths and take acknowledgments,
personally appeared the above officials of the City of St. Petersburg, a
municipal corporation of Florida, who are known to me and who
acknowledged they executed the foregoing Agreement as the proper
officials of the City of St. Petersburg, and the same is the act and deed of
that City.
Signature
Title
Type, Print, Stamp Name
Serial No.
My commission expires:
In acknowledgment and execution of the Pinellas County Interlocal
Mutual Aid Agreement Concerning Traffic Accident Investigations and
14
Traffic Enforcement, pages one through four inclusive, as authorized by
, we hereby set our hand and seal.
ATTEST:
CITY OF TARPON SPRINGS
City Clerk
Mayor
APPROVED AS TO FORM
City Manager
City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
Law Enforcement Agency Head
Before me, this day of 2004, an officer duly
authorized by law to administer oaths and take acknowledgments,
personally appeared the above officials of the City of Tarpon Springs, a
municipal corporation of Florida, who are known to me and who
acknowledged they executed the foregoing Agreement as the proper
officials of the City of Tarpon Springs, and the same is the act and deed of
that City.
Signature
Title
Type, Print, Stamp Name
Serial No.
My commission expires:
In acknowledgment and execution of the Pinellas County Interlocal
Mutual Aid Agreement Concerning Traffic Accident Investigations and
Traffic Enforcement, pages one through four inclusive, as authorized by
, we hereby set our hand and seal.
15
ATTEST:
CITY OF TREASURE ISLAND
City Clerk
Mayor
APPROVED AS TO FORM
City Manager
Law Enforcement Agency Head
City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
Before me, this day of 2004, an officer duly
authorized by law to administer oaths and take acknowledgments,
personally appeared the above officials of the City of Treasure Island, a
municipal corporation of Florida, who are known to me and who
acknowledged they executed the foregoing Agreement as the proper
officials of the City of Treasure Island, and the same is the act and deed of
that City.
Signature
Title
Serial No.
Type, Print, Stamp Name
My commission expires:
16
\d.3
City Council
~'@@MM~!!~M~.,~~P~M~MM~"~~~!!!MQe!:!!!~d U m
P LDi
Tracking Number: 540
Actual Date: 04/15/2004
Subject / Recommendation:
Approve the New Construction chapter of the Downtown Design Guidelines.
Summary:
As presented at the December 18, 2003 City Commission meeting, the development of the
Downtown Design Guidelines have been organized into four parts: Design Principles;New
Construction;' Treatment of Designated HistoricStructures; and Signs andMiscellaneous.
The Design Guidelines review schedule (revised in February 2004) has been organized around
these four major topics of discussion with each topic to be presented to the City Council for
review and approval.
The first one, Design Principles, was approved on December 18, 2003. The second one
addresses New Construction and is the subject of this agenda item. Planning Staff and the
Steering Committee have met six times over the last four months to create this section and the
Council received a draft last week, excluding the color and material subsection. The New
Construction chapter focuses on the basic and specific principles for the numerous aspects of
site and building design that will guide new development within the Downtown. It is divided into
three subsections: site design; building placement; and building design. The subsections are
further organized by topic with an accompanying principle and subsequent
"appropriate"f'inappropriate" supporting statements, photographs, drawings and other images to
guide design.
The Steering Committee reviewed the color and materials subsection at its April 6, 2004
meeting. Attached are the Committee's recommendations with regards to this topic, as well as
several other revisions agreed upon by the Committee. Additionally some fencing bullets were
missing from the draft the Council received last week and are attached.
1. Supplemental Page (for pages 16-17) without pictures regarding fences and walls; 2.
Replacement page 33regarding clear glassrequirements;
3. Replacement page 35 regarding roof design; and
4. New pages 38-39 regarding materials and colors.
The Planning Department recommends approval of the New Construction provisions as presented
by the Committee with one exception. The Department recommends language be added to page
39 of the color section that would prohibit the use of the deepest tones of colors on the main
body of buildings. The Committee reviewed the proposed language but voted to remove it from
the Guidelines by a vote of 7 - 3. Please find attached the supporting PowerPoint presentation
that further supports the concepts contained within the New Construction chapter of the
Guidelines. The Planning Department and Committee are currently developing the next element
of the Guidelines, Treatment of Designated Historic Buildings, which is scheduled for review by
the Council on May 20, 2004.
Originating: Planning
Section Other items on City Manager Reports
Category: Other
Number of electronic documents attached: 2
Public Hearing: No
City Council
~~~""@~~genda C9~V~! Memora@l!d"u n:!""~~"W"~"ff"m""@'~ffmff'"""'''''~'~''m@""
Financial Information:
Review Approval
Cvndie Goudeau
Garrv Brumback
Bill Horne
04-09-2004 12:53:52
04-09-2004 09:47:29
04-09-2004 11: 23: 03
,... ~
R.e: PLD I
~: \ :;>.3
SUPPLEMENTAL PAGE
c. Fences and Walls
Fences and walls shall be utilized around servicelloading areas, dumpsters and
mechanical/utility equipment to buffer these uses from surrounding properties and
rights-of-way and to provide security for this equipment. Fences and walls may be
incorporated as a design element to assist in defining properly boundaries and entrances,
open spaces and to provide a transition between public and private realms.
Appropriate:
. Fences and walls that complement and are consistent with the principal structure with
regards to materials, texture, size, shape and color.
. The location, height and design of fences and walls compatible with the intended use,
design of the site and architecture of the building.
. Solid fences and walls along rights-of-way no higher than three feet. Any portion of
a fence or wall above three feet in height that is at least 50 percent open.
. Posts or columns that include decorative caps which extend up to 12 inches above the
otherwise allowable fence height.
. Vertical elements such as posts, columns, etc. incorporated into the design of the
fence or wall spaced at appropriate intervals in relation to the materials used. and overall
length.
. Property lines and private areas defined through the use of fences where feasible.
The portion below was reviewed and approved by the Steering Committee however,
it was not included in the portion of the Design Guidelines addressing New
Construction previously submitted and will be placed on page 17 of that document.
Inarmropriate:
· The JX}{tion of ,valls cmd/or fences greater than three teet in heig/,1t ahove grade that are
!:!)ore__tban ti ttY-Q.t;!cenL~1 id...:
· Chain link or_barbed wire tences.
· lJi! pa i t} t cd 0 r !l1JJ1D ish e_~GYall':.; [!!l<iJs- nee ~.:
Appropriate*:
. Windows that are appropriately sized for
the scale and style of the building on which
they are located.
. Windows along all streets.
. Windows along any fayade which includes
an entrance.
. Windows within a building/development
that creates a consistent and cohesive
fenestration pattern.
. Windows that are similar in proportion to
windows on adjacent buildings or with
established and/or desired patterns along
the adjoining block faces. The degree of
similarity of the window pattern increases
in importance the closer the buildings are to
each other.
. Bulkheads below and transoms above
display windows when appropriate for the
architectural style of the building.
. Clear glass (88 percent light transmission '-.'1
rb~__I1EI\; lJi lllIll_l'~r! lLiJlc:'.U).2'_dJ l~~lm)U,-';jb it'
Qllll(ullg(~)lj~s) installed on ground floor
windows except for stained or mt glass
provided the stained or alt glass is in
character with the style of the building
(churches, craftsman buildings, etc.).
. Glass block used as an accent.
. Screen doors provided the design is
compatible with the architecture and
materials of the building.
. Doors which enhance and support the
architectural style of the building.
. Doors appropriately sized for the scale of
the building fayade on \vhich they are
located.
. Doors with transoms and fan lights when
appropriate for the architectural style of the
building.
*Utilityllnfrastructure and Public Facilities are
exempted from the requirements of windows and doors
below and are fully addressed in the Signs and
lWiscellaneous section of these Guidelines.
Appropriate - clear windows located on
either side ofthe primary entrance.
Appropriate - extensive use of windows
along the street. Ground floor windows
are similar in size and alignment and up-
per floor windows, while different than
those along the ground floor are also
aligned and similarly sized and spaced.
Appropriate - extensive ornamentation
emphasizes this door.
Draft as approved by the Steering Committee - April 6, 2004
Page - 33
e. Roof Desi2:n
Roof forms are one of the most highly visible
components of a building. Not on(v do they
prol'ide a vital function but they contribute
and are integral to the ol'erall building design
through the use of distinctil'e, defined styles
and decorative patterns and colors.
Appropriate:
. A roof consistent with the style of the
building utilizing architectural elements
such as cornice treatments, roof overhangs
with brackets, steeped parapets, richly
textured materials and/or differently
colored materials.
. Multiple rooftops on varying levels on large
buildings that help break up the vertical
mass of a building.
. High-rise buildings which utilize sculpted
roofs in order to establish an interesting and
enhanced skyline unique to Downtown
Clearwater.
. Roof shapes consistent with the existing
and/or desired character of the surrounding
area.
· Tlll.:'_W\1J1(JJl';}L l1uiLlllIg~.;teJlbl'2k';JJ1:JLill~<;
lid I.L __fll1l5IL<;~__i.tl1~L_.;';~:!llnJ ~_I]1S:I1L._JJlt',
:1I~~lll It',l,'lli IJI . il~ JI.:' .. .l) f J1l(.'_1> lllllll. 11 S .:1 Ud_J11c:
m:lllli\J\>LilIlIl,'lilje..
Inappropriate:
. Colored stripes/bands on flat roofs.
. Mansard roofs.
. Flat roofs within public view from grade
not hidden by a parapet or other
architectural feature.
. Roofs inconsistent with the architectural
style of the building.
Appropriate - a standing seam metal
roof adds rich detail to this building.
Appropriate - an ornate cornice line.
Appropriate - sculpted roofs add to the
skyline of a city.
... " ~.
....--.-~ . -- ~ ~ - -
Inappropriate - mansard roofs.
Draft as approved by the Steering Committee - April 6, 2004
Page-35
. Stucco, brick, etc. applied over concrete
block.
. Horizontal brick or block patterns.
. Storefront side piers, when provided,
constructed of the same material as the
upper fa~ade or covered with stucco.
Inappropriate:
. Walls constructed of, conugated or
reflective metal panels, and/or textured
plywood.
. Walls and/or roofs finished with cedar
shakes.
. Materials incompatible with the
architectural style of the building.
. Unfinished, exposed concrete block.
b. Color
T/le c%r pil/ette of i' builtl;ng ;s composed ilf
the colors of the main boily of the bu;ltling,
trim lImlllccent colors. TIle colors chosen for
awnings, ci,mpies, shutters lIntl rOl~fs lIlso
contribute to the overi,ll color scheme of i'
built/ing. The m'eri,l1 color .~cheme of t,
built ling or pri~ie('/ ,"/lOuld reflect i' cohesive
pt,ltern. TIlese guitlelines recognize that the
revien' of i' building's color scheme ;s i'
bi,/ance between an mvner's aei,tivity i,ml
;ndhit/utllity, the t,rc/,itecturi,1 style of the
builtling t,ml (In overi,ll/ulrnlOniou.~ vision for
tile ])mvntown.
The u...e of i' ...ingle ,:olor on illl surftlce...
,'iJlOultl be t,voitletl. A hvo- or three-color
scheme is encourt,ged to prmi(le lisUl,1
tlppeal. TIle IIulin body cillor s/lOultl be the
predominant coltlr of the building. The color
time iif the mi,in botly shoultl be guitletl by the
size tlnd height of the building, its loctltion
(cilrner or interior lot), and arc/litectural style.
T/le trim ,:olor is ttpplietl to architectural
element... ...uch as uimlilws, doors, column...,
porches etc. TI,e trim color should be II
ligllter or ilt,rker tone of the n",;n bOily color,
Appropriate - materials and color
appropriate for a bungalow-style house,
Inappropriate - cedar shakes and a
mansard roof are both inappropriate in
the Downtown Plan Area.
Appropriate - brighter colors for Key West -
and Mediterranean-style buildings.
Page - 38
Draft as approved by the Steering Committee - April 6, 2004
a complimentary color to the main body color
or a neutral color. In a three-color scheme,
the accent color should be used sparingly to
highlight certain architectural elements such
as a front door or awning.
Appropriate:
. The number and type of building colors
appropriate for and consistent with the
architectural style.
. Low reflectance exterior colors.
. Gutters, downspouts, utility boxes, meters,
etc. painted as part of the overall color
scheme.
Inappropriate:
. Colors that are garish, gaudy, loud,
excessive and ostentatious or that constitute
a glaring and unattractive contrast to
surrounding buildings.
. Aluill h(}(ZI' c%r dlUt IS jimJl the dC'L'Jw\t
tOiles ufthe cu/O,. whed Ollis \I(/S deletcd
by the CU/1/lIIilfee hU)1'(,'\'I!r, Stll!!
reco/1/mends thO{ it remaillllitlllll the texf)
. More than three different colors or color
shades used on a single building unless
appropriate to the architectural style of the
building.
. The use of fluorescent or day glow colors.
. Black as the predominant exterior building
color.
. Single color schemes. For example using
one color on every surface.
. Clashing trim colors that are not
complementary to the main body color and
serve only to attract attention through their
dissonance. As an example, yellow and red
are clashing colors and not complementary
and only serve to attract attention through
their dissonance.
. A solid line or band of color or group of
strips used in lieu of architectural detail.
. Color used to obscure important
architectural features.
Appropriate - utilities such as gutters,
downspouts (fig. 1) and utility boxes (fig.
2) have been painted to match the
primary building color.
Appropriate - A bungalow-style home
painted muted earth-tones with brighter
highlights and accents.
Inappropriate - loud and garish colors,
Draft as approved by the Steering Committee - April 6, 2004
Page - 39
1
B. Access, Circulation and
Parking
2
3
4
5
6
7
8
100'
30'
Old Bay District
~
Property line and
edge of Plan Area
~
100'
Old Bay District
V
Property line and
edge of Plan Area
9
-
10
Rhythm/Spacing
~~
: r~~l
~
'--"r,,,.o.--
. .
~.L~:
l_~!-L,.,1...:.Ly,.~:
! f . I! . 11 :
j i
~
~-~
~
"-Fr
r::/~J
11
Inappropriate Infill Redevelopment
12
13
-
14
15
16
..
-
17
-
. Garish, gaudy or loud
. Color used in lieu of architectural details
. Clashing trim colors
· Black as the predominant color
. Fluorescent or day glow colors
. Single color schemes
ANALOGOOS
18
. .. ~.
Hew> er~nstl:uetitln.
I?CJrts' I~:illan'd III as
approved by the
~o""ntownDesign
xfal.l idel ines Steering
Committee
P L.D :l.
12.3
I. SITE DESIGN
A. Block and Lot Characteristics
B. Access. Circulation and Parkin2:
1. Vehicular Circulation! Access and Parking
2. Pedestrian Circulation! Access
C. Site Elements
1. Open Space
2. Buffering and Screening
a. Mechanical Equipment, Loading and Service
Areas
b. Landscaping
c. Fences and Wails
II. BUILDING PLACEMENT
A. Location
B. Orientation
C. Separation
.....--..
....
-
-ra!!1l. ,. l'1
~
4:
t~i"
I
,
r
t >
J<"
. ......
" "
\' )~ \.~
'.. ~,'
..-~....
j/'
,~ ...
Draft as approved by the Steering Committee - March 2004
Page - 3
D. Coverae:e
E. Additional Requirements for Character
Districts and Special Areas
1. Transition Areas
III. BUILDING DESIGN
A. Form
1. Mass/Scale
a. Height
b. Width
c. Depth
2. Rhythm/Spacing
3. Additional Requirements for Downtown Core
along Cleveland Street.
B. Architecture
1. Fa<;ade Design
a. Primary and Corner Facades
b. Secondary Facades
c. Side Facades
d. Windows and Doors
e. Roof Design
f. Other Architectural Features
2. Materials and Color
a. Materials
b. Color
3. Additional Requirements for Character Districts
a. Downtown Core
b. South Gateway
Page - 4
Draft as approved by the Steering Committee - March 2004
I. SITE DESIGN
A. Block and Lot Characteristics:
A major contributing element to the
revitalization of the Downtown is significant
pedestrian activity. Extensive national
research of pedestrian behavior documents
that walkable blocks of approximately 600 feet
in length promote a vibrant and diverse
downtown. Downtown Clearwater has an
existing grid street pattern with minor
exceptions and this pattern should be
respected as redevelopment occurs.
Appropriate block and lot size depends on the
Character District in which the property is
located and should help create a sense of
human scale. Larger lots with buildings
located away from the roadway can create a
campus-type or more suburban appearance
that may be more appropriate for the Town
Lake Business Park District. Smaller lots,
such as those typically found in the
Downtown Core, create a walkable urban
environment with a greater sense of space and
place and provide opportunities for social
interaction. Greater numbers of users
supporting greater numbers and types of
businesses results in a vibrant and diverse
downtown.
Appropriate:
. Retention of the existing street grid pattern
where it contributes to an active pedestrian
environment.
· Blocks which promote easy pedestrian
access and encourage cross-use .
· Redevelopments that reopen previously
vacated rights--of-way or create new rights-
of-way.
· Provision of new vehicular and pedestrian
access/circulation that effectively serves the
(Continued on page 6)
Appropriate
..& ... 1
.. -
~ -=-
e~ ~=
Inappropriate
As blocks are consolidated roads are
blocked decreasing overall
interconnectivity.
Appropriate block lengths are pedestrian
in scale and easy to walk.
Draft as approved by the Steering Committee - March 2004
Page - 5
(Continued from page 5)
. proposed development and VICInIty if a
vacation of a right-of-way is requested.
. Lots which maintain a consistent SIze,
scale, pattern and rhythm of the
surrounding block(s).
.
. Inappropriate:
. Vacating existing rights-of-way to form
consolidated blocks without providing
alternative pedestrian and vehicular access
to serve the proposed development and
vicinity.
. Large blocks which prohibit pedestrian
access through the block and/or prohibit
access within and around the development.
Appropriate block width is
approximately 300 feet and easily
walkable. Lot width is consistent.
Appropriate - lot widths are consistent
contributing to a regular rhythm along the
block.
Inappropriate - block length is extremely
long and the building appears too
monolithic and is not adequately broken
up with vertical elements.
Page - 6
Draft as approved by the Steering Committee - March 2004
B. Access. Circulation and Parkin2:
Vehicles and people need to co-exist however,
it should be recognized that the Downtown is
first and foremost for pedestrians. Circulation
throughout the Downtown should be designed
to provide safe and direct connections that
minimize vehicular-pedestrian conflicts.
Parking lots and garages should be as
unobtrusive as possible while maintaining easy
accessibility. Pedestrian circulation patterns
transitioning from parking areas should be
designed to be safe, convenient and attractive.
1. Vehicular Circulation! Access and Parkin2
Appropriate:
. The location, number and design of
driveways maintain the urban fabric of the
downtown.
. Vehicular access from secondary street
frontage or alley.
. Interior lot access limited to the minimum
number of curb cuts to adequately serve the
site.
. Parking areas for townhouse developments
located within the interior of the
development that maintains the integrity of
the primary fac;ade as the preferred design.
For townhouse projects located on low
traffic-volume streets with site
characteristics that prevent internal parking,
parking may be directly accessed from the
street provided it is co-located with shared
driveways.
. Detached garages and carports serving
single-family uses located in line with or
behind the rear of the principal building.
. Residential uses along Clearwater Harbor
designed with parking garages or with
parking areas internal to the sitelbuilding
and screened from Clearwater Harbor and
any abutting right-of-way.
. Attached garages in residential
(Continued on page 8)
Appropriate - pedestrian alley provides
adequate width for landscaping, lights
and benches.
Appropriate - two townhomes share a sin-
gle driveway.
Appropriate - residential townhomes
home front a which serves the site
fronted by residential.
Draft as approved by the Steering Committee - March 2004
Page - 7
(Continued from page 7)
developments, architecturally integrated
with the design of the principal structure.
· Driveways functionally integrated into the
design of the development.
· Joint/common access driveways between
sites.
. Shared parking where a mix of uses creates
staggered peak periods of parking demand.
. Parking lots located behind the primary
fa~ade of the principal building.
. Parking lot design that minimizes negative
impacts such as light glare, exhaust fumes,
noise and undesirable views.
. Parking lots adjacent to rights-of-way that
are screened with either a landscaped buffer
or a solid wall or fence three feet in height.
. Large parking lots visually and functionally
segmented into smaller lots with
landscaped islands and canopy.
. The use of interlocking pavers, brick or
other similarly textured materials for
parking lot surfacing and/or accents.
. Parking garages as the principal uses that
are architecturally integrated with
surrounding developments and/or the
envisioned character.
. Parking garages as the principal use within
the Downtown Core located on Cleveland
Street, Fort Harrison and Osceola A venues
with at least 75 percent of the ground floor
of each fa~ade on all adjacent street
frontages occupied by active uses. Active
uses include restaurant, retail, entertainment
or other uses/features determined to be
pedestrian-oriented.
. Parking garages accessory to a principal use
that are architecturally integrated with the
design, materials, finish and color of the
principal structure(s) on the lot.
. Ground floors of parking garages accessory
to a principal use with at least 75 percent of
(Continued on page 9)
~ A~leY@1
. is, ~
. . I '
~
Street
Joint/Common access
d rive between two sites
Appropriate - parking garage fa9ade
utilizes similar materials as surrounding
buildings.
Appropriate - parking garage with shops
and restaurant along street.
Page - 8
Draft as approved by the Steering Committee - March 2004
(Continued from page 8)
the primary facade occupied by the
principal use/features or other use
determined to be complementary to the
principal use.
. Upper floors of all parking garages
designed to visually screen vehicles from
view from rights-of-way and public open
spaces. Screening includes landscaping,
walls, architectural elements or other
decorative features.
. Parking garages with clearly marked points
of ingress and egress.
Appropriate - parking garage screening
effectively blocks the view of parked cars
within the structure.
Appropriate - residential development
served by a residential alley. Which runs
along the rear of each house.
Appropriate
--------
Appropriate
Draft as approved by the Steering Committee - March 2004
1- Shared parking lot is located
completely to the rear of the site
behind the buildings.
2- The parking lot is adequately
buffered with landscaping.
3- A single, shared driveway
serves two sites.
Page - 9
(Continued from page 9)
Inappropriate:
. Curb cuts at every site.
. Parking lots or garages as the most
prominent feature of any development.
. Parking garages difficult to enter and/or
with poorly defined entrances.
. The appearance of a "sea of asphalt" from
the rights-of-way.
. Parking lots/garages which create an unsafe
environment.
1- Parking backs out into the
right-at-way and is in tront at the
building
2- Parking is located in the tront
at the building.
3- Parking is not shared and
there are two curb cuts one at
which extend along most at the
property line.
Page - 10
Inappropriate - unscreened parking lot is
unscreened and cars are parked directly
along the right-at-way.
Inappropriate - parking lot does not have
adequate landscaping and appears to be
a "sea at asphalt".
.
Inappropriate
Draft as approved by the Steering Committee - March 2004
2. Pedestrian Circulation! Access
Appropriate:
. Clearly defined, safe, direct, convenient and
landscaped pedestrian pathways provided
between streets, parking areas and buildings.
. Pedestrian scaled lighting such as lighted
bollards;
. Vertical elements such as bollards, markers,
arches or architectural details.
. Alleys and courtyards that match or
complement either the building or the
primary street to which the alley connects
with regards to materials, architecture, color
and street furniture (waste receptacles,
benches, lighting, etc.).
. Specialized paving design especially where
pedestrian and vehicular paths intersect.
· Pedestrian passageways which go through
buildings such as an arcade.
Inappropriate:
. Developments which do not include direct
access from surrounding streets and parking
areas.
. Large developments which do not provide
pedestrian walkways through the block on
which the development is located.
. Pedestrian passageways too narrow to be
useable or not designed at a human scale.
. Pedestrian passageways that create an unsafe
environment.
Inappropriate-this alley is too narrow and
lacks lighting and feels unsafe.
Appropriate pedestrian alley is
handicap accessible, lighted, landscaped
and includes rich paving textures.
,.
\'
I-I
--~
Appropriate - alley is wide enough for
easy pedestrian access and includes
access to shops
Inappropriate - pedestrian alley is not
handicap accessible, among other
Draft as approved by the Steering Committee - March 2004
Page - 11
c. Site Elements:
1. Open Space
Open spaces provide public "living rooms" in
the urban setting. The design and location of
these spaces are important determinants in
creating successful pedestrian environments.
In general, the type and character of the
urban open space should be influenced by the
desired function of the space, surrounding
uses and the potential users of the space. In
addition, amenities provided within open
spaces can enhance the connectivity of the
various design elements making up these
spaces. Amenities include benches, chairs,
tables, planters and landscaping. Public art
enlivens open spaces and buildings adding to
the cultural vibrancy of a city.
Appropriate:
. Open spaces which function as transitions
between the public sidewalks and streets
and the use of the property (residences,
offices, stores, etc.).
. Clearly defined entrances into open spaces
with direct access from adjacent streets and
adequate buffering from vehicular traffic.
. Open spaces that are visible and inviting to
the pedestrian.
. Open spaces which utilize an appropriate
marriage between hardscape (buildings,
planters, lighting, walls, fences, paving,
etc.) and landscape (trees, shrubs, annuals,
perennials, etc.) elements. The hardscape
and landscape design should be
aesthetically coordinated.
. Large open spaces broken into smaller,
human-scale spaces through the use of
changes of grade, planters, pots,
landscaping, sculpture, fences, walls, etc.
. Open spaces designed to relate and connect
to adjacent properties.
. Formal or informal seating appropriate to
(Continued on page 13)
Appropriate - alley is wide enough to
provide seating for a restaurant and acts
as a an open space.
Appropriate - this court is directly
accessible from the sidewalk and clearly
delineated by a short wall.
Appropriate - outdoor cafe is located
directly on the sidewalk.
Page - 12
Draft as approved by the Steering Committee - March 2004
(Continued from page 12)
the scale and function of the open space.
Seating may include park benches, the tops
of garden/planter walls, monumental stairs,
etc.
. The location of public art in accessible
open spaces designed and located so as to
enrich the pedestrian experience and create
a stronger sense of place.
Inappropriate:
. Open spaces not easily accessible from
public streets or that become unsafe "dead"
spots
. Lack of seating, shade and clear! y defined
perimeters.
. Open space that does not relate with the
uses and buildings surrounding it.
2. Bufferine: and Screenine:
Buffering and screening help define spaces,
block unsightly yet necessary elements and
preserve and enhance an area's quality and
character. Within an urban setting buffering
will be achieved through the use of
landscaping, decorative fences, walls, pots,
planters, etc.
a. Mechanical Eouipment. Loadine: and
Service Areas.
Mechanical equipment, loading and service
areas shall be integrated into the design of the
site, located in the most unobtrusive location
possible and buffered and screened
appropriately.
Appropriate:
. When located at grade, mechanical and
utility equipment that is placed in the least
obtrusive location possible and screened
from adjacent properties and rights-of-way
with fences, walls and/or landscaping.
(Continued on page 14)
Appropriate - a public plaza which
incorporates interactive public art.
Inappropriate - this open space is not
easily accessible and is cold and
foreboding consisting of a sunken area
with only a concrete bench and trash
can.
Appropriate - utilities are located centrally
on the roof.
Draft as approved by the Steering Committee - March 2004
Page - 13
(Continued from page 13)
· When located on the roof of a building,
mechanical equipment that is integrated
into the design of the building through the
use of parapet walls, towers or other
architectural elements.
· Service and loading areas accessed from
secondary streets, screened from adjacent
properties and rights-of-way and placed in
visually unobtrusive locations.
· Solid waste containers placed in the most
unobtrusive location possible and screened
from adjacent properties and rights-of-way.
Inappropriate - utilities are clearly visible
from the ground and are located along
the edge of the building.
Appropriate
Fence screens
Ale unit
r ........ ........ ........
......
/{:~
Page - 14
Appropriate - the above two pictures
show utilities located on a roof and
screened from the ground by parapet
walls.
Landscaping
surrounds utility
box
.........
.........
.........
Draft as approved by the Steering Committee - March 2004
(Continued from page 14)
Inappropriate:
. Solid waste containers and serVIce and
loading areas located adjacent to
residentially used lots when an alternative
location is feasible.
. Mechanical and utility equipment that
visually dominates a site.
b. Landscapin2
Landscaping should be used as a design
element fully integrated with a site and
building while also recognizing and defining
the urban setting. A well-designed landscape
contributes to the site's aesthetics and
improves the livability in a dense urban
environment. Landscaping can also preserve
and enhance the acoustic and visual privacy
of a site while supporting and accentuating
the architecture of a building. The use of
indigenous species and other water-saving
techniques are encouraged.
Appropriate:
. Landscaping compatible with the climatic
conditions of West Central Florida that
includes the use of native plant species and
Xeriscape landscape techniques.
. Plant species that are appropriate to the space
in which they will occupy with regards to
water needs, growth rates, size, etc. in order to
conserve water, reduce maintenance and
promote plant health.
. Landscape design which enhances and
supports architectural features of the
building/site where located.
. Landscape design that visually screens
unsightly views, strengthens important
vistas and reinforces the character district in
which it is located.
. Plantings in landscape beds, planters or
pots that soften the edges between buildings
(Continued on page 16)
Appropriate - pedestrian alley utilizes
plant material suitable for the site and
area in which the material will be located.
Appropriate - a planting bed provides a
buffer between the street and main
sidewalk and the abutting storefronts.
Appropriate - pedestrian alley includes
landscaping which softens the buildings
yet provides adequate sight lines for
safety.
Draft as approved by the Steering Committee - March 2004
Page - 15
(Continued from page 15)
and pedestrian areas.
· Trees planted in paved areas provided with
adequate room to grow (landscape beds,
tree grates or other protective techniques).
. Landscape design and maintenance that
engenders a sense of personal safety.
Inappropriate:
· Landscaping used in lieu of appropriate
architectural details and good building
design.
. Landscaping planted without an adequate
irrigation system.
. The use of non-hardy plant species.
· Use of the wrong plant in the wrong space
such as plantings with inadequate room to
grow and/or plantings inappropriate for an
active pedestrian area, etc.
. Landscaping allowed to become overgrown
decreasing aesthetics and safety.
c. Fences and Walls
Fences and walls shall be utilized around
service/loading areas, dumpsters and
mechanical/utility equipment to buffer these
uses from surrounding properties and rights-
of-way and to provide security for this
equipment. Fences and walls may be
incorporated as a design element to assist in
defining property boundaries and entrances,
open spaces and to provide a transition between
public and private realms.
Appropriate:
. Fences and walls that complement and are
consistent with the principal structure with
regards to materials, texture, size, shape
and color.
. The location, height and design of fences
and walls compatible with the intended use,
design of the site and architecture of the
(Continued on page 17)
Page - 16
Inappropriate - landscaped area uses
plant material to small the space,
inappropriate for the exposure and is not
irrigated.
Appropriate - fence with masonry col-
umns matches the color and materials of
the principle structure (second picture
from top).
Draft as approved by the Steering Committee - March 2004
(Continued from page 16)
building.
. Solid fences and walls along rights-of-way
no higher than three feet. Any portion of a
fence or wall above three feet in height that
is at least 50 percent open.
. Posts or columns that include decorative
caps which extend up to 12 inches above
the otherwise allowable fence height.
. Vertical elements such as posts, columns,
etc. incorporated into the design of the
fence or wall spaced at appropriate intervals
In
Inappropriate - solid six-foot wall is
located directly along a public right-of-
way.
relation to the materials used and overall
Inappropriate - chain link fence and
barbed wire.
Appropriate - decorative fencing provides
the delineation for an outdoor cafe.
Appropriate - six-foot fence with solid
bottom and open top
Appropriate - picket fence complements
the architectural style of the house.
Draft as approved by the Steering Committee - March 2004
Page - 17
II. BUILDING PLACEMENT
A. Location:
The appropriate location of a building should
help define and provide a coherent streets cape
and appearance of an area resulting in a
defined sense of space and place. The
appropriate location of a building on a site
varies depending on the Character District in
which the development is located. A setback
or a build-to line will determine the
appropriate location of a building. A setback
requires a minimum distance from a property
line which may be exceeded whereas a build-
to line prescribes a particular distance from a
front property line.
B. Orientation:
Buildings should be oriented towards the
street. The orientation of the front fafade of
buildings along the streetscape contributes to
pedestrian interest in an area. Buildings that
turn perpendicular to the public right-of--way
or have their sole access from rear parking
lots create an environment that is unfriendly
for pedestrians.
B. Separation:
The existing and/or desired character of the
area should define the distance between
buildings. Separation between buildings
should be determined based on the character
district's vision and development pattern,
intensity of development, pedestrian activity
and height of the building and its
surroundings. When separation between
buildings is unavoidable or desirable, the
separation should be designed to function in a
manner that complements the surrounding
area.
(Continued on page 19)
Appropriate - uniform build-to-line along
a block face.
Appropriate - primary entrance oriented
towards public right-of-way.
Appropriate - adequate space was pro-
vided between these two building to locate
a pedestrian alley with room for seating.
Page - 18
Draft as approved by the Steering Committee - March 2004
(Continued from page 18)
c. Coveral!e:
High percentage of ground coverage is
encouraged in a downtown to create a critical
mass of activity. The amount of ground
coverage varies among character districts with
the most intense coverage found in the
Downtown Core and the commercial areas of
the other districts. In addition to a building,
coverage can also include plazas, courtyards,
outdoor cafes and other public spaces.
Appropriate:
. Buildings that maintain the build-to line or
the setback of the development's block and
the block(s) across the street. Corner lots
that maintain the location pattern for a
distance of two blocks including both sides
of the street.
. Buildings located farther from the build-to
line that provide a courtyard, steps,
entryway, arcade, plaza or other pedestrian-
oriented design features which maintains
the build-to line.
. Buildings with reduced setbacks that reflect
the predominant surrounding or desired
development pattern.
· Buildings oriented to face public rights-of-
way.
. Separation between buildings that provide
adequate useable space such as an alley or
open space compliant with the requirements
of these Guidelines.
· Developments which provide coverage
similar to surrounding properties and/or
that meet the desired vision of the character
district.
(Continued on page 20)
Appropriate - within the Downtown Core
high coverage with buildings, alleys,
courtyards, etc. occupying most of a site.
Appropriate - larger setback for a single
family residential dwelling within East
Gateway.
Appropriate consistent building
coverage and width.
Draft as approved by the Steering Committee - March 2004
Page - 19
(Continuedfrom page 19)
Inappropriate:
. Buildings that break up the common build-
to line by locating farther back or forward
than the predominant block patterns on the
subject's site and the opposite side of the
street.
. Corner lots that do not maintain the
location pattern for a distance of two blocks
including both sides of the street.
. Buildings separated at a distance which
precludes the provision of Guideline-
compliant alleys and open space.
. Separations between buildings that are out
of scale and proportion with the district's
existing or desired development pattern
. Buildings which do not address the primary
s tree t.
Appropriate - building located on a
corner lot is orientated towards both
streets.
1 - Inappropriate build-to line
2- Appropriate build-to line
Inappropriate - narrow
gap between buildings
~ g OQ
a ~ ~ sg
Page - 20
Draft as approved by the Steering Committee - March 2004
(Continued from page 20)
E. Additional ReQuirements for Character
Districts and Special Areas
1. Transition Areas
The transition area guidelines apply to the
properties adjacent to the Downtown Plan
boundary in the following two areas:
. In the Old Bay District, all properties
located north of Seminole Street and west
of Osceola A venue (Fig. I).
. In the Town Lake Residential District, all
properties located on the south side of
Chestnut Street (Fig. 2).
Transition area guidelines apply due to the
significant differences in the development
potential and pattern between the transition
area and the adjacent areas outside the
Downtown Plan boundaries. Projects shall be
designed so that the least intensive portion of
the development (density, use and buildings) is
located closest to the Plan Area boundary. The
appropriate separation and orientation of a
development shall be determined based on the
maximum development potential/pattern of the
adjacent area.
Appropriate:
· Buildings 30 feet or less in height that are
setback a minimum of 10 feet from the Plan
Area boundary.
. Buildings taller than 30 feet in height that
provide a setback of a minimum of 10 feet
plus an additional one foot for each two feet
of height above 30 feet.
Fig. 1 - Transition Area within the Old
Bay character district.
Fig. 2 - Transition Area within the Town
lake Residential character district.
Inappropriate -
illustrates poor
shorter buildings
surrounding ones.
the picture above
transitions between
and much taller
Draft as approved by the Steering Committee - March 2004
Page - 21
III. BUILDING DESIGN
The purpose of building design requirements
is to establish design standards so that new
construction is compatible with its
surroundings. The first step in design is to
identify a building's orientation and
placement to contribute to a unified
streets cape creating a sense of place. The
second critical part in design is a building
whose form and architecture contributes to its
character district.
Successful building design is a marriage
between form and architecture to visually
connect with the existing and/or desired
character of the surrounding area. A
compatible structure is one that possesses
patterns of form and architecture that are
found in surrounding buildings creating
"points of agreement" between them while
retaining the individuality of the building.
Quality urban design balances a respect for
an area's existing or desired pattern with the
design of new structures.
A. Form:
The form of a building is made up of a
combination of elements including mass,
scale, height, width, depth, rhythm and
spacing.
1. Mass/Scale:
Mass refers to an interplay of the height,
width and depth of a building. Mass can be
augmented and influenced by design features
such as columns, awnings, arcades, recessed
bays, doors and windows which can reduce or
increase the apparent mass of a building.
Scale refers to the relative size of a building as
it relates to neighboring buildings. The size
and proportions of new development should
be related to the scale of nearby buildings.
(Continued on page 23)
Appropriate-the Downtown Clearwater
Post Office is an example of
Mediterranean-influence architecture.
Appropriate-the Colony building is an
example of Spanish-influence architecture.
Appropriate-the scale of this building is
modified vertical and horizontal
architectural elements.
Page - 22
Draft as approved by the Steering Committee - March 2004
(Continued from page 22)
Even if much larger than its neighbors in
terms of square footage, the building should
maintain the same scale and rhythm as the
existing buildings.
a. Heieht:
New development and redevelopment should
respect the vertical height of existing or
approved adjacent buildings and contribute to
a pedestrian scale. The apparent height of a
building/development can be influenced and
augmented by a combination of stepbacks,
varying building heights and horizontal
features such as colonnades, canopies,
awnings, cornice lines, string courses, wide
windows, etc.
b. Width:
The width of a building is the horizontal
distance between the two outer edges along
the primary fafade measured at the setback or
build-to line. The apparent width of a building
can be reduced or otherwise influenced
through the introduction of columns,
windows, doors, etc.
c. Depth:
The depth of a building is the distance
measured between the front and rear facades.
Maintaining a consistent building depth along
a block can provide opportunities for shared
parking lots, plazas, courtyards and other
seating areas. A consistent building depth can
also facilitate the provision of consistent and
logical secondary entrances.
d. RhvthmlSpacioe:
Rhythm and spacing is a pattern created by
the architecture through the use of width,
height, windows, doors and other
architectural elements. The rhythm and
spacing of the architectural elements of new
(Continued on page 24)
r+-ll
Inappropriate-building one is too short
and building is too tall. Neither building
respects the height of adjacent buildings.
Appropriate- a common building width is
employed. Also note a common alignment
and basic shape of windows.
Appropriate- common building depth
provides for a shared parking lot.
Draft as approved by the Steering Committee - March 2004
Page - 23
(Continued from page 23)
buildings should strongly relate to,
complement and support the existing and/or
desired rhythm and spacing in an area.
.-........................ ..
. . . .
. . . .
. .
.
.
.
.
.
Appropriate
· Building form which visually relates to
surrounding buildings and the desired
character of the area with regards to mass,
scale, height, width and depth.
· Buildings that have a distinct "base,"
"middle" and "cap."
· Low-rise buildings and/or those with long
facade widths that accentuate vertical
elements such as entrances and columns, or
by breaking up the facade plane into a
greater number of smaller vertical masses.
. Mid- and high-rise buildings that utilize
horizontal elements that minimize the
apparent height of a building such as
Appropriate - this triplex matches the
rhythm and spacing of adjacent single-
family residences.
Appropriate - building with a distinct base,
middle and cap.
Parapet design ~
similar to adjacent Cornice line similar to and
buildings. ................... .7.. aligned with adjoining
: . buildings.
. . ... :
Long fagade width broken by
using similar storefronts
(Continued on page 25)
Page - 24
Appropriate Infill
Draft as approved by the Steering Committee - March 2004
(Continued from page 24)
balconies, banding, cornIce and parapet
lines, etc.
. High-rise buildings that use one or more of
the following depending on overall building
height and the existing or desired character
of the surrounding area:
. The width of the upper portions of
buildings reduced to minimize the overall
building mass (reducing the size of the
floor plate).
. Building stories or/stepbacks differentiated
by architectural features including but not
limited to coping, balustrades, cornice lines,
change in materials, etc.
. Stepbacks used as the building increases in
height.
. Buildings that terminate views emphasize
their prominent location through the use of
additional height, massing, distinctive
architectural treatments and/or other
distinguishing features.
. Maintaining a consistent building depth
when feasible to allow the location of
shared parking lots and/or secondary
entrances.
· Buildings which correspond to the existing
and/or desired rhythm and spacing of
surrounding buildings through the use of
common points of agreement such as
windows, doors, recesses, reliefs and other
architectural elements.
· Buildings which maintain the existing and/
or desired pattern of the placement and size
of windows, doors, shutters, and other
architectural elements on adjacent buildings
with regards to both the ground floor and
upper stories.
· Finished floor heights a minimum of two
feet above the sidewalk grade for
residential buildings within predominantly
mixed use or commercial areas.
(Continued on page 26)
Appropriate - the second story of this
building is differentiated with a balcony and
railing. Awnings provide additional relief
over the second story windows.
Appropriate - The Pinellas County
Courthouse terminates the view at Court
Street and South Fort Harrison Avenue.
Appropriate - the Colony building
maintains a colonnade along Cleveland
Street.
Draft as approved by the Steering Committee - March 2004
Page - 25
(Continued from page 25)
Inappropriate:
. Buildings which do not relate to the
surrounding or desired and envisioned
context and fabric of the neighborhood with
regards to size, scale, height, width and
depth.
. Buildings that visually overpower adjacent
buildings.
. Buildings that do not maintain a common
building depth based on the predominant lot
pattern.
. Buildings that do not maintain the existing
and/or desired pattern of windows and
doors along a block face.
. Facades on multi-story structures which do
not incorporate meaningful architectural
details such as cornice lines, banding, string
courses, columns, recesses, relief, etc.
Inappropriate - this building does not
relate to adjacent buildings (far right).
~.........................~
. .
. .
. .
. .
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. .
:. . f~~1~~l::;~21~>~{'~1; ~
I 'i ~ -1l I ~.
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1 i
3. Additional Requirements for Downtown
Core along Cleveland Street
Appropriate:
. Buildings along Cleveland Street taller than
the predominant height of other buildings
on the project's block that stepback at that
predominant height.
. Additional stepbacks used the more the
building exceeds the predominant height.
Inappropriate:
. Building widths that visually overpower
adjacent buildings.
@-M
p.-n :'1 J
"" . ... . ..
~..
..J_ I
Inappropriate - this triplex does not
match the rhythm and spacing of
adjacent single-family residences.
Appropriate-this proposed
development provides a step back at 30
feet, the predominant height along the
block.
Page - 26
Draft as approved by the Steering Committee - March 2004
B. Architecture:
The architectural style of new development or
redevelopment should be consistent with the
desired development in the surrounding
Character Districts or as otherwise envisioned
by the Downtown Plan. Architecture refers
to the relationship and culmination of the
various features of a building including
texture, proportion, entrance design, doors,
windows, details, roofs, materials and color in
addition to the mass and scale.
A variety of architectural styles exist within
the Downtown and the Guidelines should not
prescribe anyone architectural style as being
the most appropriate. Buildings in all six
Downtown character districts represent a
broad range of styles typical of trends of the
late-l~h to mid-2(jh centuries with no singular
style being predominant. Therefore, no one
particular style or theme will be mandated for
any district. New buildings may use a variety
of architectural styles as appropriate to the
intended use of the building and the context of
the surrounding area. New design may use
contemporary materials to adapt historic
design elements into a new building.
Appropriate:
. New development that incorporates an
architectural style or architectural elements
consistent with the existing and/or desired
style of development in the surrounding
neighborhood.
. New development that complements the
architectural heritage of the district in
which they are located.
. Multiple buildings within a single project
which relate architecturally with each other
and the surrounding neighborhood.
(Continued on page 28)
10
2
9
3
4
8
Various architectural elements that may be
found on a building:
1 - Cornice
2 - Lintel
3 - Sill
4 - String course
5 - Transom
6 - Bulk heads
7 - Kick plates
8 - Double door entrance
9 - Fixed plate glass display window
10 - Double-hung sash window
11 - Parapet
12 - Parapet coping
Appropriate - rich architectural details add
to the aesthetics of a building
Draft as approved by the Steering Committee - March 2004
Page - 27
(Continued from page 27)
Inappropriate:
. Use of an architectural style which does not
complement the fabric of the surrounding
neighborhood.
. Use of multiple and/or conflicting
architectural styles within a single building
or between several buildings within a single
project.
Appropriate - consistent architectural style
used along this residential block.
2
3
4
Inappropriate: the Intill development, above, is inappropriate because the
(1) architectural detailing; (2) level and pattern ot windows; (3) Finish and
type ot materials; and (4) level and pattern ot windows do not match the
existing building.
1. Facade Desien:
All facades of a building should reflect a
unified architectural treatment; however,
there is a hierarchy of fafade treatment based
on location, function and level of pedestrian
interaction. The specific guidelines for
facades are divided into primary, corner,
secondary and side facades. Fafades should
use a combination of architectural details,
materials, window and door patterns and
other design features to form a cohesive and
visually interesting design.
(Continued on page 29)
Appropriate - primary tac;ade uses strong
architectural elements to create interest and
emphasize the entrance.
Page - 28
Draft as approved by the Steering Committee - March 2004
(Continuedfrom page 28)
a. Primary and Corner Facades
Primary facades include those facades located
along streets designated on the Master
Streetscape Plan or properties within the
Downtown Core adjacent to Clearwater
Harbor and Coachman Park. The design of
the primary facade of buildings is critical for
the atmosphere to be created along the street
front.
Buildings on corner lots at the intersections of
streets designated on the Master Streetscape
Plan are considered to have two primary
facades and should receive the highest level of
design treatment on those facades.
However, if a corner or through lot is located
on streets with different designations on the
Master Streetscape Plan, the design may
recognize and reflect the differences in the
designations while still meeting the intent of
the these Guidelines.
For properties within the Old Bay and East
Gateway Districts the primary fafade is
considered to be the fafade facing the street.
For corner lots, the surrounding development
pattern shall determine the primary fafade.
Appropriate:
. The primary facades as the most highly
designed fa~ade utilizing the following
elements:
~ A change in plane, building wall
projection or recess;
~ Architectural details;
~ Variety in color, material, texture;
~ Doors and/or windows;
~ Storefront display windows for retail
uses; and
~ Other details as appropriate to the
building style.
(Continued on page 30)
Appropriate - primary fac;ade includes a
well-defined entrance with canopy.
Appropriate - a building on a corner lot
provides an entrance on the corner of the
building in order to serve both adjacent
streets.
Appropriate - this theater uses a variety of
architectural features to create interest.
Draft as approved by the Steering Committee - March 2004
Page - 29
(Continuedfrom page 29)
. An architecturally prominent entrance with
door located on the primary fa<;ade.
. Primary entrances emphasized through
the use of a combination of:
? A protruding front gable or stoop;
? Projection or recession in the building
footprint
? Variation in building height;
? Canopy or portico;
? Raised cornice or parapet over door;
? Arches;
? Columns;
? Ornamental and structural architectural
details other than cornices over or on
the sides of the building;
? Towers; and
? Other treatment that emphasizes the
primary entrance.
. Primary fa<;ade, in keeping with established
patterns, which include three articulated
architectural parts: a base, middle and cap.
The proportion of these three elements will
vary depending on the scale of the building.
. Major architectural treatments on the
principal building facade that are continued
around all sides of the building that are
visible from the public realm.
. Covered drop-off areas.
. Open porches.
. Buildings on corner lots that emphasize
their prominent location through the use of
additional height, massing, distinctive
architectural treatments and/or other
distinguishing features.
. Entrances provided along each street fa<;ade
or a single entrance prominently located on
the corner.
(Continued on page 31)
Appropriate the entrance to the
Downtown Clearwater Post Office is
emphasized by a change in elevation and
a colonnade with arches.
Appropriate - this building has a very dis-
tinct base, middle and am understated cap.
Page - 30
Draft as approved by the Steering Committee - March 2004
(Continued from page 30)
Inappropriate:
. Facades without articulation or other
architectural detail to provide visual interest
and variety on the facade.
. Primary facades with an undefined
entrance.
. Entrances not architecturally integrated into
the design of the fa<;ade.
. Buildings on corners that do not treat each
adjacent designated street equally.
. An unfinished fa<;ade along a street.
b. Secondary Facades
A secondary fafade faces alleys, parking
areas and Old Bay district properties along
Clearwater Harbor. The level of design along
a secondary fafade, while perhaps not as
intense as a primary fafade should continue
the architectural style of the building and use
the same quality of materials.
Appropriate:
. An overall design of the secondary facades
of the building consistent with that of the
primary fa<;ade with regards to architectural
style, materials, finish, color and detail.
. Architectural embellishments, awnings,
landscaping and signs used to identify the
secondary entrance.
. Entrances facing parking lots, plazas and
waterfronts.
Inappropriate:
. Buildings that do not provide an entrance
along a secondary fa<;ade.
· A secondary facade which does not
enhance or support the architectural style of
the building.
(Continued on page 32)
Inappropriate - fa~ade extends over 50'
without detail or articulation.
Appropriate - clearly marked entrance
along a pedestrian alley.
Appropriate clearly marked rear
entrance facing a vehicular alley and
parking area.
Draft as approved by the Steering Committee - March 2004
Page - 31
(Continued from page 31 )
c. Side Facades
Buildings that are not on corner or through
lots typically have at least two side facades. A
side fat;ade faces adjacent buildings or
properties. The side facades of a building may
actually touch an adjacent building or they
may be separated provided that adequate
space for landscaping, parking areas, or
vehicular/pedestrian access is created. While
side facades may not receive the same
intensity of design treatment as a primary or
secondary facade they should maintain the
same architectural style as the other facades.
Appropriate:
. An overall design of the side facades of the
building consistent with that of the primary
fa<;ade with regards to architectural style,
materials, finish, color and detail.
. Architectural embellishments, awnings,
landscaping and signs used to identify
secondary entrances if provided.
Inappropriate:
. A side facade which does not enhance or
support the architectural style of the
building.
d. Windows and Doors
Windows are a vital element which link the
private (space within a building) and public
(space such as streets, sidewalks, etc.) realms
visually drawing passersby into buildings.
Doors are also a vital element providing not
only visual but, physical connections between
the public and private realms.
(Continued on page 33)
Appropriate - these building share common
side facades
Appropriate - the side of this building faces
a private drive but retains the same finish
and basic architectural details as the rest
of the building.
Appropriate - doors and windows that add
to the richness of their respective
buildings.
Page - 32
Draft as approved by the Steering Committee - March 2004
(Continuedfrom page 32)
Appropriate*:
. Windows that are appropriately sized for
the scale and style of the building on which
they are located.
. Windows along all streets.
. Windows along any fa<;ade which includes
an entrance.
. Windows within a building/development
that creates a consistent and cohesive
fenestration pattern.
. Windows that are similar in proportion to
windows on adjacent buildings or with
established and/or desired patterns along
the adjoining block faces. The degree of
similarity of the window pattern increases
in importance the closer the buildings are to
each other.
. Bulkheads below and transoms above
display windows when appropriate for the
architectural style of the building.
. Clear glass (88 percent light transmission)
installed on ground floor windows except
for stained or art glass provided the stained
or art glass is in character with the style of
the building (churches, craftsman buildings,
etc.).
. Glass block used as an accent.
. Screen doors provided the design IS
compatible with the architecture and
materials of the building.
· Doors which enhance and support the
architectural style of the building.
. Doors appropriately sized for the scale of
the building fa~ade on which they are
located.
. Doors with transoms and fan lights when
appropriate for the architectural style of the
building.
* Utility/Infrastructure and Public Facilities are
exempted from the requirements of windows and doors
(Continued on page 34)
Appropriate - clear windows located on
either side of the primary entrance.
Appropriate - extensive use of windows
along the street. Ground floor windows
are similar in size and alignment and up-
per floor windows, while different than
those along the ground floor are also
aligned and similarly sized and spaced.
Appropriate - extensive ornamentation
emphasizes this door.
Draft as approved by the Steering Committee - March 2004
Page - 33
(Continued from page 33)
below and are fully addressed in the Signs and
Miscellaneous section of these Guidelines.
Inappropriate:
· The use of incompatible window types and
shapes on the same structure.
· Mirrored glass and glass curtain walls.
· Tinted or reflective glass with less than 88
percent light transmission.
· Blackened out windows or any other use of
material that achieves that effect.
· Boarded up windows (except during
construction or during a reasonable repair
period or subsequent to a weather
advisory).
· Walls without windows along street
frontages.
· Doors which are out of scale and/or
character with the rest of the building.
· Doors which do not enhance the
architectural style of the building.
· More than one style of door per building.
Inappropriate Infill
Breaks window size
and pattern
Inappropriate - mirrored glass.
Inappropriate - this building does not
include windows along the street.
............
. .
. .
D~
.
888 8
888 88
c:J 0 c:J
ODD
Breaks storefront pattern
(Continued on page 35)
Page - 34
Draft as approved by the Steering Committee - March 2004
(Continued from page 34)
e. Roof Desi2n
Roof forms are one of the most highly visible
components of a building. Not only do they
provide a vital function but they contribute
and are integral to the overall building design
through the use of distinctive, defined styles
and decorative patterns and colors.
Appropriate:
. A roof consistent with the style of the
building utilizing architectural elements
such as cornice treatments, roof overhangs
with brackets, steeped parapets, richly
textured materials and/or differently
colored materials.
. Multiple rooftops on varying levels on large
buildings that help break up the vertical
mass of a building.
. High-rise buildings which utilize sculpted
roofs in order to establish an interesting and
enhanced skyline unique to Downtown
Clearwater.
. Roof shapes consistent with the existing
and/or desired character of the surrounding
area.
Inappropriate:
. Colored stripes/bands on flat roofs.
. Mansard roofs.
. Flat roofs within public view from grade
not hidden by a parapet or other
architectural feature.
. Roofs inconsistent with the architectural
style of the building.
(Continued on page 36)
Appropriate - a standing seam metal
roof adds rich detail to this building.
Appropriate - an ornate cornice line.
Appropriate - sculpted roofs add to the
skyline of a city.
Inappropriate - mansard roof s.
Draft as approved by the Steering Committee - March 2004
Page - 35
(Continued from page 35)
f. Other Architectural Features
A variety of other features can provide the
perfect accent or finish to a building or,
conversely, ruin an otherwise wonderful
structure. These may include door handles
and hinges, mail slots, clocks, fire/emergency
escapes, shutters, awnings etc. The same
amount of thought and care should be put
into the selection and installation of these
features as for more obvious features such as
roofs, doors and windows.
Appropriate:
· Shutters and canvas awnings sized to match
the corresponding window openings.
. Shutters and awnings the shapes, materials,
proportions, design, color, lettering and
hardware of which are in character with the
style of the building.
· Awnings made of high quality fabric and a
minimum of five feet in depth to protect
pedestrians from inclement weather.
. First floor awnings placed no higher than
the midpoint between the top of the first
story window and the bottom of the second
story windowsill.
. Hurricane shutters, if provided, fitted as an
integral part of the storefront design, not
visible when not in use and only to be used
during the time frame in which a formally
issued hurricane warning is in effect.
. Electronic security systems utilized as an
alternative to security bars.
. Fire stairs/egress designed as unobtrusive
as possible by matching the primary
structure with regards to materials, design
and color of the structure. Where feasible,
they should not be visible from the street.
. Devices which discourage the congregation
of animals (pigeons, squirrels, etc.) placed
in the least visually obtrusive locations
(Continued on page 37)
Page - 36
Appropriate - architectural feature.
Appropriate - shutters match size of
window.
Appropriate - this awning is correctly
located on the fa9ade of the building.
Draft as approved by the Steering Committee - March 2004
(Continued from page 36)
possible and/or designed to blend in with
the overall architectural style of the
building.
. The inclusion of other architectural details
and elements (clocks, railings, flower
boxes, etc.) as appropriate to the style and
function of the building and architecturally
integrated with the design of the building.
. Gutters, downspouts, utility boxes, meters,
etc. located as visually unobtrusively as
possible. Where feasible, they should not be
visible from the street.
Inappropriate:
. Visible, permanent or roll-down security
bars/gates.
. Solar collectors visible from the street.
. Awnings made of high-gloss or fabrics
which appear to be plastic.
. Backlit awnings.
2. Materials and Color:
a. Materials
The correct choices of building materials are
paramount in the success of any building.
Materials should be appropriate to the
architectural style of the building to which
they belong. For example, brick corbelling,
bonding pattern, joint spacing and color are
important character defining details and
should not be forgotten.
Appropriate:
· Materials compatible with the existing and/
or desired context of the surrounding area.
· Building materials consistent with and
relating to the architectural style of the
building.
· Building materials appropriate to the scale
of the building.
· The use of contemporary materials adapted
(Continued on page 38)
Appropriate - fire escape, located along
an alley, is painted to match building.
Inappropriate - security gates.
Appropriate - materials and color are
appropriate for a Mediterranean-style
building.
Draft as approved by the Steering Committee - March 2004
Page - 37
(Continued from page 37)
to historic design elements.
. Wood, stucco and/or or masonry exteriors.
. Masonry exteriors finished in rusticated
block.
. Stucco, brick, etc. applied over concrete
block.
. Horizontal brick or block patterns.
. Storefront side piers, when provided,
constructed of the same material as the
upper fa<;ade or covered with stucco.
Inappropriate:
· WaIls constructed of, corrugated or
reflective metal panels, and/or textured
plywood.
· WaIls and/or roofs finished with cedar
shakes.
. Materials incompatible with the
architectural style of the building.
. Unfinished, exposed concrete block.
b. Color
The portion of this chapter addressinl!
"color" will be reviewed by the Steerinl!
Committee at its April 6. 2004 meetinl! and
submitted to the City Council prior to the
April 15. 2004 meetinl!.
Page - 38
Appropriate - the materials and color
appropriate for a bungalow-style house.
Inappropriate - cedar shakes and a
mansard roof are both inappropriate in
the Downtown Plan Area.
Draft as approved by the Steering Committee - March 2004