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04/15/2004 (.-.~ . ,^,: ~'fk,~'~::".~,:I','.'.>- ."~I 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. ~ -- 1608 N. Osceola Ave. Clearwater, FL 33755 october 31, 2001 0.. ,~ \u.J/ ~\ O"} " \ . Q~ v\\l~ ~- -b C9'-- \ _ vV ~ ~' f/~ ~:W 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 ,_______n________,,____________________._____________n ..__..__.._^'__..+__.___.__>________~_~+___ y~~ ...--! cl a \~ ~~~ ~:; ~ . == \C II> = ~ ~ ~ -- ~ \of; ~ .~ OS) == \C "'" .. "" == '"'. -.. ~ if; ~ ~ II) 'J"J ..= ..... . 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'J) ~ ~ J: ~ ~ ~ ~ . . . . . . . ~N~~Ln~t"__ --------------- 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 ARBELlA BERMUDA _ rr----l~~ U~LJ'6U~LJ~ Cypress I Bend Dr @w RUN S DEER o ENTERPRISE RD Q P ARKCREEK DR [[!] > <( w w N :J :J Cl Z Z Z W W W 0 > > m <( <( "" u Cl "" UJ0 f5 u Si ~ ~ w>- U 0 I <( 0:: Z X:;: W :J ~ rn VJ ~ SABER BOO € o Z 0) - SUNSTREAM w OAK HILL RD (fJ ~I I~D& ~ OAK COVE ..J ~ <(CJ 0 I 0 (fJ &. 0 MARLoO fF; . aJU Ine Oak Dr w > <( THIRD C::::::> HILLCREEK CIR S FIRST AVE N CJ cyp )J McCORMICK lO eyp '" c..i ll) ll) '" vi UNION STRE ~\I O(J o ~ 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 (""'''''--'. .. '----..'~' '1-1'-0 ~ 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. '---;:-'--.- '.::) ..:;r- , --1 ------r-- .' '. ifF:-t,.:: c-.>< _', ' - Blueprint for food prep area, cafe seating areas EXHIBIT A J i ..~ ~ ; I' ! I :, I I': I r i; I iL_, i I I : 1.! i ~:' : rrt'j'Trm"""J: =-~~_~=.~~~._~~_~L,~ :~-~~'~'=,::-::-:=::~-=:===:;Lo~==::::~=::; 1+.:::J,. j ::, : ! IL"<r1uL)'_ ~i _'__d' ---... - -'---!-.--'----------ij' ~---- =:= -: ::- :'E!l:; ... "-<C' ~::::::~____ __ _ 'I::::-=~:::= ~- ,c ,: r;_i in. -) In, -, II ____ c, , "I I 'f< r " c --'t L\:t:~_~ E, : .'. +,:' .1 ~~ - "~:::=~~~:: ~ ==: -~=:::: ,:_ [] _u,_J'_f ['~]l [= i""-- ___.-1~~:)-:_ ______ ____..__~"...'___ m __ ,___, -'___u____ 2: --I ~~;'. 'I I '- ,- -----------c:r----- -, --- ( ) .;'{ Ct:: 'L' n:: --:j- W (>r- - __ ._ _, __ ,-----.:::-1 - l ,:, . --- - -- \ - -- ---~ C) '0 ' r- (,-, W _._~ -I. J -..---------J- - 1..--:.' -q- ____un, I ~ r--,. L= -It-~-~-. -- -- '\ / "':.. c..= , -3----- i J--i · 't,] . ~:~:n:_L;[:] [~ " ~[-::7~::"~l ~ ~::=lr:~~'::::,' niC- ~ (~--__:~7!~~ '--___..___JI_.+.. L____________ !________ --\J::-:~1: ,._"~..\,: I T":_:} '~::::::-li [__m"~) ,,",_.. .. I "---" : ; --""::-.. --N"'----".--'- ~ [----.-j .l.~,___ l= I .1 I I I I ,I I I I I I 1._) 1._) 0: I (;-.1 l~::-_J '.. i '--, '----e=.- =:, u_ L,,; , Q: 1''1- ll. '" --~.'~... . ~.~ - . ~. , i' ~S 8 I, ~ .'""., "'~ '--~cr-' -:- L.j C) C-'l J-- -.. '-~n. 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 u. o >- r- 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 H.~ ~Clearwater c 'v~_.--~~~;;:;:x..., :::;~~r,-",--~~.~~ 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 ~~;:~ ._,r",rv-~, 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 -t- ~ " 10 8 ~ '" " ~ ~ 1 ~ ~ ~ .= .e- ~ U 8 .&:: :=i ~ ~ !l 'E '" " " '" '0' ~ .t ~ C Il. " '" 8 iil .; -g :s ta J! ~ " l:! ~ .i 1~ is ~ ~ ~ ~ ~ o Il. iil c .~ " c:I ~ ~ t) -;;8 '0 f-o '" f-o '" o u ti '" =: Q =: '" ~ ~ ~Qj i of; ~ iEe~ '" Ii; o u =: o 10 <( ..... 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Pw\ 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 e .~ 1i ~ l1 i! 0. t j ia ~ tc.~-g $ ~-e~ fl~o~~ 'a lit .~ t- il ~ u ;5 t:f -II :e i ~ o 0. ill .~ ~ i :c oll ,Q i! ~ -fJ ~ en z o en '-c; ~ ~ 1 "3u ~ "3 I!l ~ '" o u b :!':!'- gj :C's:~ is ~ 8 ~ c.: ~"'o - ~ '" ~ 8 ~ ~ .... ~ ~ .... .... Ol e ~ o Q ~ ~ ~ j:l! 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'Ml :3,:% :1i]t tit ,~':3~, ,}::~",: ,::::::;:, 'l,::::~: ':,:m, ~~~:;: ~ ;;; ] ~ ~ g ~ ~ ~ ! m, 'fi ~ a :E ~ ~ u ~ o N ... ~ ~~ Cl~ ",~:::::: '::,}ti:, :,.~>>~ .:::~::::: :Nt ",;;:;:,:; :',~:::;:; :;""% ,:,;=;::,:: ::::::-;:;: :::;:~;8 ::~:,;::: :::~:::::: ]M ;11 :1: .!i! ~ Clearwater ;) ~~~~%~: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 ~ 1 ~ ~ UL- _~[r Project Site I rOLSON 1~ 0 c:= tin D,"I ST ~ D ! IDe !1U:; <! ROSEMtR~ J rtl~ ~ gcHJ~ ~ CJ C::J I MAPLE ST ELDRIDGE ST I '" 0 ~ o;_~; ..l~"~ ~D~"i~ 'D" "' DD;{DcKsRO~DJ~[JDDOO D~D~D"' ! ~DoRE;DD:nDm ar ~ dJ'" ~L--J" :;: ~ 6 8 i3 '" eiD5 OAKWDQ[ DO [][[J 0 ~~D5D D ; ~ ~ ~ ~ ~ ~ EJ"D~ R~ L D ~:RDEW D D~[5iD~C:=J I~ / DzD~~8D5['"U<r[DwD D~D C:J D8C in ~ g <( ~ <(GROVE ~y rO\lln g ~ <( 0 ~ ~ t5 ~ GROVE ~ ~~~D"EN~ D C=:J ~~\.-, GROVE ~ z ~ ~ ~ C:J D~C:= ~ lAURA " LAuRA iE ST NE G D~DST 6D~ >- 0 '-' LAURA 15 D " 0 D Dg[:=J _ ~ ~ [:=J~C=:J 0 C D5DiSD 0 D'jc:::J CLEVELAND 0'"0 ST 0 D 8~D>-[s~t:::,.' [==:J~C=::J CLEVELAN ".2 8 ~ z PARK tr ST Q5 <I( PARK ST Cl ~ f3 PARK 5:! ST f, 8 ~D:5'-------' D~~~ 0 ~ c=J n-z ~...J ~CJUi J' C=::J rT\ PIERCE ST I ~L-J L-j..;( ~ ST <! PIERCE l)~ ST w ~ 1> PIERCE ST ~ CJ D D [iE ~ Z 'i'K( <: <: 1 I G'",'" ST C a FRANKUN ST ~ '" ~ r:;: "n" '" I"ANKU~rkc=J U n ~ D [J~ <( ~ ~ ~ \/ ~ ~ FRANKLIN Sf '-0 ST COURT ST l...J ~ ~ ~ ~ G~ULD::? ST N'ifi/1 n~nt:; DE LEON ~"i'~ ~ Db COURT tl:: ~ <(r----j r---I l--=---.J ~ c=:=J u!- ~ "ARKLEYr----l 0 0"-1"'.."-- w "~~ ~A ROSA ,,' SAN JUAN M O~ ~ ~L~L-J [:=J ~ ST D'"D ~CHESTNUTI D OST = I COURT ST I c:=J 0 So oGU"oTO l I ~~D D ~ i =w~ ({ ~ ROGERS ST ~. w w ~nw~ D 1r:J~ j n D I TURNER I li2~~~ 3 5CJ~~; ~ST ~ SPar ::;U~ ';RO ~ 20;c '; ~c=J~c=J~CJ n8n"r ~~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- ~OLEj U U I rOLSON 1~ 0 ~:L::~ iflO DcIb" " ~DI I D~ ~ ;; e, MAPLE " v-E = ~APLE,!: ~' ~ LEE ST DillDDDD DwDwD D<(~ c= '!: <(LA ~ ~ ~ ~ ~ ~ ~ is"" ~AND RIDGEWDI GEORGIA ~ <( D D 1Ii FOREST RD ~o ~ ll'" ART ST JACKSON RD D DO-D PINEWODI [J'O [ILl [I ~l8 ~~ DDClODOIJ i c6!~! "~ :nD D ~;D D D~n}D~~ ~~,"ngD~n~D5IJ~u:slD~U~D~D c=J D~~ ~ ~ '!:~~DHENP:=; D ~ c=:J ~~\.-,~ 1J~ zu~ ~ ~ c=J D~C ~ LAURA <( :; LAURA :r ST N.E. C O::ODST 6D~ >- 0 <.:> LAURA ~ D ~ D D D~c=:J - ~ ~ ~ c=J~CJ 0 c::: D5D1'iD 0 D':Ju CLEVELAND D'!:D SlT= 0 D a~D>-~~b,.' c:=J!ic=:J [ CLEVELAN -c 8 ~ z PARK ~ Sf a:: <I( PARK Sf Cl ~ 13 PARK ~ ST ~ ~ ~Di'Sr----l D~Ili1,!: ~ w r--l no< ~ ~ ~D:n~ c=:J ~ PIERCE Sf I ~~ L-.J< ~ Sf ~ ~ u~ ST w ~ 1:J PIERCE Sf \"0 DtD"CJ DEe] :IIERJCE~D\Dz rzK(s;]~~5r\~~."EJ~ ~ ~i=;:=:J ~ FRANKLIN ST ~ >" I s: ,lfn 0 l\t.~ IRANKLI"'^f~s:::=::=J ~ C n ~ D r-l~ <i ~ ~ ~ \/ ~ ~ FRANKLIN ST '-"0 Sf ~COURDT ST ~ ~ ~~ ~ ~~",s'-- -l ~ ~G ~ cJA::! ~ M'R<LEyr---l D DO-I"--";:': "~~ ~A ROSA ,,' SAN JUAN ~::N D~ ~ ~~~ c=J~ ~ ~ ST D"D ~CHESTNUTI D oST = I COURT ST I c:=J EJ So oGULfoTD [ -=~D D <( r-- ~w~ C] ~ ROGERS Sf ~ <oj w ~"D ~ D 1r:J~ j n D I TURNER I ~~'----J"I%J~ i5 5c=J~~: \T " SPa, ""'D, ~o'"i I PINE PINE "':T nPINE ST ~ io'~ t. ~CJ~Q~QUnin~r !!!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. VENETIAN I c=J NOKOMIS ~ LEBEAU I t;j c=J IROQUOIS ~ PRINCESS ~ -Y. (/) c=J OSAGE :t?<s> PLEASAHT c:J ~ lffiuO~ -6{)~ ~~ r\ \ j DDCT L-J ~~ F j I,IJ S1 ~ A{J'RMONT ~ FAlRMONT l1.ID ~D5 g n,!l c=7o~ ~ ~ ~ 6 UfU t..lINNE<? f? BECI<ETT ~ 7/12fjt; d~ &1 Ut ~LJ~ ~j!J'NG';D/ 8~:~ PALM , ..... -DO" r;EDAr~ ~o 0 """"0 c:o D n e}b Efo UJ laD / fill I 0 c:rb~1 ST I I I !J &; ;l 'vlAPLE J M,o..PLE c;::: D c::::==:::l GEORGIA ~g[j D~~ D~ ~ ~ ~ ~ ~ ~ ~D~D~ n~ ~ FOREST ~; HART ST D{~j 0 DfDcKSON!5Dii[ D3D50'o ~D D~ D 0 DID D ~~D~ D [] ~ ~ ~ ~ ~ ~ ~ CRES~VI ~D D ~~.D D D~[5~d;Q ~.'T. ~'4"DQD~n~D~D~~~. D~D~DiD l4l wa;: HENDRICKS D ~ ~\-\"~~ ffi Urn ~ ~ " 'fO ~ L---.J V~ ~ z < ~ s ~ 0 ~~ L::J D [jA D~D ~ ( I D~D;D~ ~ r=:J~ ~nnDQDLJ~N~nnST D ~'c=J Oty of Oearwater, Rorida Public V\brks MninistrationtEnQineeril1Q ;ok City ct CIEa'w<ier V~on Request ) b. U L~ill~ NOR T H Scale 1"=1320' Location Map SUNNYDALE POINT DR CAlUf\.IU cS~C3 CJCJ ~o ~~ SENT LJl, FAIRMONT 51 ~ c=;=J IF;IR''ONT E=:J r=:J::c <( PARKW(! . WOODBINE 51 J: ~z r----l::2 ..: WOODS L--Jj L--.J I ~ ISPRING~~~\Ii,i ~ ~ SPRING OVERLEA ST w " ~ g o 10 PALM BLVFF ST ! [TIJPALM ;L~V:FD ~T JURGBJ$ ST ~ g .3 l=:Jc::::::;r=--z 1--- m ~o c:Z=J~~ ~ ~ ~ ENGMAN ST W~WD . > ~ < ~ ]JE i oCEDAR ~ ~l PAUvlETTO I THOLSON l215fJ3 faWn y Lots for Elderly housing. S.h:. C IC";.c y E.B. 2698 ,1.:<:1 ,,;,,;- W1\- ng Il).21)S.i5E (r lIIJU1Cc ~ o 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). ~.........................~ . . . . . . . . ~ft D ..~ . . :. . f~~1~~l::;~21~>~{'~1; ~ I 'i ~ -1l I ~. tSfi5J .---=.-. , .- ' "-'. .. - r>'n/1 I ~~ 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