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04/02/2007 WORK SESSION AGENDA Council Chambers - City Hall 4/2/2007 - 1:30 PM 1. Presentations 1.1 2006 Top Shock A ward - Dr. Romig, Pinellas County EMS ~ Attachments 2. Economic Development and Housing 2.1 Adopt Resolution 07 -07, which endorses the QTI application for Project 031307 and commits the City of Clearwater to refund 10% of the eligible tax refund upon certification by Enterprise Florida. ~ Attachments 3. Parks and Recreation 3.1 Approve co-sponsorship and waiver ofrequested City fees and service charges for FY 2007-2008 special events including nine annual City events; and nineteen City co-sponsored events; at an estimated gross cost of $655,370 ($137,500 representing cash contributions and $517,870 representing in-kind contributions) for the purposes of departmental budget submittals. (consent) ~ Attachments 4. Public Services 4.1 Approve Change Order 3 to Rowland, Inc. of Pinellas Park FL., for the Del Oro Groves RCW System Contract (04-0022-UT) increasing the contract amount by $167,532.20 for a new contract total of $4,168,293.11, an extension of sixty (60) days to the contract timeand authorize the appropriate officials to execute same. (consent) ~ Attachments 5. Public Utilities 5.1 Continue first reading of ordinance 7802-07 to amend Chapter 32 as related to watering restriction changes under a drought directive from the Southwest Florida Water Management District. ~ Attachments 6. Engineering 6.1 Award the Contract for Marshall Street Influent Pump Station Rehabilitation (07-0014-UT) to TLC Diversified, Incorporated of Palmetto, Florida in the amount of $680,680.00 in accordance with City Code Sec. 2.564(d), other governmental bid, and that the appropriate officials be authorized to execute same. (consent) ~ Attachments 7. Planning 7.1 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Preservation (P), and Initial Zoning Atlas Designations of Low Medium Density Residential (LMDR) District and Preservation (P) District for 2115 Pleasant Parkway (Lot 4, Pleasant Ridge Estates; Section 24, Township 29 South, Range 15 East); and Pass Ordinances 7792-07, 7793-07, & 7794-07 on first reading. (ANX2006-l2040) @) Attachments 7.2 Appoint a Citizen Advisory Committee (CAC) to assist in the preparation of the Evaluation and Appraisal Report (EAR) based amendments required for the Comprehensive Plan and adopt Resolution 07-08. @) Attachments 8. Official Records and Legislative Services 8.1 Appoint a Councilmember to serve as Vice-Mayor @) Attachments 8.2 Appoint one member to the Parks and Recreation Board with the term expiring on April 30, 2011. @) Attachments 9. Legal 9.1 Grant a non-exclusive perpetual easement to Crystal Beach Capital, LLC, for lawful purposes including, but not limited to, pedestrian ingress and egress, rights for and access to cafe seating, retail and restaurant operations and other facilities to provide consessions within the Easement Property; and an easement for the construction, use and occupancy of the Access Improvements, including foundations and support columns and structures. (consent) @) Attachments 9.2 Adopt ordinance 7789-07 on second reading to amend Appendix A, Schedule of Fees, Rates and Charges, Section XI, Parks, Beaches, Recreation, as it relates to deleting specific rental fees for parks and recreation facilities. @) Attachments 9.3 Adopt Ordinance 7790-07 on second reading to amend the City's fiscal year 2006/07 Operating Budget at First Quarter. @) Attachments 9.4 Adopt Ordinance 7791-07 on second reading to amend the City's fiscal year 2006/07 Capital Improvement Budgets at First Quarter. @) Attachments 9.5 Adopt on second reading the applicant's request to vacate the 60-foot right-of-way of Florida Avenue lying south of and adjacent to the south right-of-way line of Gulf to Bay Boulevard (State Road 60, a 100 foot right-of-way), and north of the 30.00 foot westerly extension of the south line of said Lot 8, Block "A" and the 30.00 foot easterly extension of the south line of said Lot 7, Block "B"; Suburb Beautiful as more particularly described in the ordinance attached and vacate the 2-foot utility easements lying along the rear of Lots 2, 3, 4, 5, 6 and 8, Block "A", and the rear of Lots 1,2,5 and 7, Block "B" of Suburb Beautiful, (A.K.A. 1771 Gulf to Bay Boulevard), subject to the applicant relocating all existing utilities in the areas to be vacated at the applicant's sole expense and to the satisfaction of the owners of said utilities prior to the effective date of the ordinance, and pass Ordinance 7801-07. @) Attachments 9.6 Pass Ordinance 7803-07 on first reading, amending Ordinance 6779-01 as amended by Ordinance 7350- 04, as amended by Ordinance 7400-05, and as amended by Ordinance 7599-06 vacating the 60 foot right of way of Third Street AKA Third Avenue bounded on the east by the westerly right of way line of Coronado Drive and bounded on the west by the easterly right of way line of South Gulfview Boulevard subject to special conditions, amending the special conditions to delete the requirement for a 10-foot public access easement for pedestrian access from Coronado Drive to the new alignment of Gulf View Boulevard. @) Attachments 9.7 Pass Ordinance 7804-07 on first reading, amending Ordinance 6780-01 as amended by Ordinance 7351- 04, as amended by Ordinance 7401-05, and as amended by Ordinance 7600-06, which vacated the east 35 feet of the 70 foot right of way of Gulfview Blvd bounded on the north by the westerly extension of a line parallel to and 20 feet north of the northerly lot line of Lots 57 and 104 of Lloyd White Skinner subdivision as recorded in Plat Book 13 page 12 of the Public Records of Pinellas County Florida and bounded on the south by the westerly extension of the south lot line of Lot 59 of said Lloyd White Skinner subdivision subject to special conditions, amending the special conditions to delete the requirement for a 10-foot public access easement to provide pedestrian access from Coronado Drive to the new alignment of Gulf View Boulevard. I@l Attachments 9.8 Adopt on second reading Ordinance #7819-07, Clearwater Code of Ordinances, which amends Appendix A, Article VIII, Clearwater Code of Ordinances, to add a revised schedule of fees for Fire and Life Safety Inspections and to clarify the effective date of Subsections (1)-(14). @l Attachments 10. City Manager Verbal Reports 10.1 Clearwater Marine Aquarium Requests to Fly City Flag @l Attachments 10.2 Landscaping on Memorial Causeway I@l Attachments 11. Council Discussion Items 11.1 Meeting schedule for the remainder of 2007 and January 2008. @l Attachments 12. Other Council Action 12.1 Other Council Action I@l Attachments 13. Adjourn 14. Presentationes) for Council Meeting 14.1 Farewell to Councilmembers Jonson and Johnson @l Attachments 14.2 Administer Oath of Office to newly elected councilmembers I@l Attachments 14.3 Proclamation: Water Conservation Month @l Attachments 14.4 Proclamation: Fair Housing Month - Michael Holmes, Economic Dev. & Housing @l Attachments 14.5 Proclamation: Celebrate Clearwater Neighborhoods Week 2007 @l Attachments 14.6 Budget Task Force Report @l Attachments Meeting Date:4/2/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: 2006 Top Shock A ward - Dr. Romig, Pinellas County EMS SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 1 Meeting Date:4/2/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Resolution 07 -07, which endorses the QTI application for Project 031307 and commits the City of Clearwater to refund 10% of the eligible tax refund upon certification by Enterprise Florida. SUMMARY: The Florida Legislature created Florida Statute, Section 288.106 to encourage the growth of Florida's high-wage, value-added employment. This program is commonly known as the Qualified Target Industry (QTI) Tax Refund Program. This law authorizes Enterprise Florida to accept, review and approve applications for tax refunds to qualified target industry businesses. Pursuant to Florida Statute Section 288.075 and 288.1066, the applicant for Project 031307 requests to remain anonymous. The tax refund is paid to the applicant each state fiscal year (July 1- June 30) for six (6) years. The applicant will receive a refund for each new job created. The total award will be equal to $3,000 times the number of new jobs created, plus an additional $2,000 per job because the average annual wages exceeds the area's average by 200%. In addition because the company is located in a brownfields area, an additional $2,500 is awarded, plus $3,000 for an Enterprise Zone. This company has qualified for the full $10,500 per job award. Project 031307 wishes to relocate its operations from out of state to create 62 new jobs over the next three years, and the applicant qualifies for the $10,500 per employee refund per job level. The total award to the company is $651,000 in refunds over a 6-year period. 80% of this award is covered by the state and 10% from the City of Clearwater and 10% from Pinellas County. Under the full scenario, the city's commitment is for $65,100 (maximum award) and will be disbursed on the following schedule: Year 1 $6,300 (2007-08); Year 2 $11,813 (2008-09);Year 3 $16,275 (2009-10); Year 4 $16,275 (2010-11); Year 5 $9,975 (2011-12); and Year 6 $4,463 (2012-13) for a total of $65,100. The 2007 -08 funding is available from Economic Development budget account number 181-99846. The remaining commitment will need to be budgeted on a yearly basis in the Economic Development Department Budget. Type: Current Year Budget?: Other None Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $0 Annual Operating Cost: Total Cost: $0 $65,100 to Appropriation Code 181-99846 Amount Appropriation Comment Bid Required?: Other Bid / Contract: No Bid Number: Bid Exceptions: None Cover Memo Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City Manager 7) Clerk Item # 2 Attachment number 1 Page 1 of 2 RESOLUTION NO. 07-07 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, FINDING THAT PROJECT 031307 BE APPROVED AS A QUALIFIED APPLICANT PURSUANT TO SECTION 288.106, FLORIDA STATUTES; AND IDENTIFYING SOURCES OF CITY OF CLEARWATER FINANCIAL SUPPORT OF PROJECT 031307 AND EQUAL PINELLAS COUNTY SUPPORT AS LOCAL PARTICIPATION IN THE QUALIFIED TARGET INDUSTRY TAX REFUND PROGRAM FOR FISCAL YEARS 2007-08, 2008-2009, 2009-2010, 2010-2011, 2011-2012 and 2012- 2013; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida has enacted Chapter 94-136, Laws of Florida, creating Section 288.106, Florida Statutes, to encourage the growth of Florida's high-wage, value-added employment; and WHEREAS, Section 288.106, Florida Statutes, authorizes the Florida Department of Commerce to accept, review and approve applications for tax refunds to qualified target industry businesses; and WHEREAS, Section 288.106, Florida Statutes, requires 20% local financial participation as tax refunds become due; and WHEREAS, PROJECT 031307 wishes to relocate to Clearwater and create sixty two (62) new full-time jobs over the next three years, qualifying as high-value-added jobs; and WHEREAS, PROJECT 031307 will be located in the City of Clearwater and will provide high-value-added employment to citizens of the City of Clearwater; and WHEREAS, the City of Clearwater finds that providing tax refunds and other tax incentives to PROJECT 031307 is vital to the public purpose of employing City of Clearwater citizens and ensuring the City's economic vitality; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City of Clearwater hereby recommends PROJECT 031307 be approved as a Qualified Target Industry Business pursuant to Section 288.106, Florida Statutes. This recommendation is based upon the creation of the specified jobs and is contingent upon the City's review of PROJECT 031307 final application to be a Qualified Target Industry Business and confirmation of the information therein. Resolution No. 07-07 Item # 2 Attachment number 1 Page 2 of 2 Section 2. The necessary commitment of local financial support for the Qualified Target Industry Business for the Qualified Target Industry Tax Refund Program has been identified in the amount of $130,200, consisting of 50% of the local contribution coming from Pinellas County and 50% coming from the City of Clearwater subject to annual appropriations, which will be paid to the Florida Economic Development Trust Fund as tax refunds become due with the stipulation that these funds are intended to represent the local financial support required by Section 288.106, Florida Statutes and are conditional upon the applicant meeting all statutory requirements of the program. Nothing herein will prevent other jurisdictions or the private sector from increasing their contributions. However, in no event will the total contribution of the City of Clearwater for PROJECT 031307 exceed $65,100. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2007. Frank Hibbard, Mayor Approved as to form: Attest: Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk Resolution No. 07-07 Item # 2 Meeting Date:4/2/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve co-sponsorship and waiver of requested City fees and service charges for FY 2007 -2008 special events including nine annual City events; and nineteen City co-sponsored events; at an estimated gross cost of $655,370 ($137,500 representing cash contributions and $517,870 representing in-kind contributions) for the purposes of departmental budget submittals. (consent) SUMMARY: - According to the City Code of Ordinances on special events there shall be an annual review of City sponsored/co-sponsored events during the budget process. - An agenda item approving co-sponsorship and level of support for these events will be brought before the City Council at the beginning of the budget process each fiscal year. - In the event additional money is requested beyond what is included in the approved budget, City Council approval will be needed before additional funds are dispersed. - The attached chart shows cash and in-kind contributions requested to be included in FY 2007/08 budget for City sponsored and co- sponsored special events. In addition, the 2006/2007 approved spreadsheet is attached for comparison purposes. - "In-kind contributions" are included in operating budgets under various departments. "In-kind contributions" increased $36,225 (7.5%) primarily due to increased cost of salaries and personnel needed for various events. Main increase occurred in the following: IronMan 70.3 ($13,000) Fun 'n Sun Festival ($10,000) Hispanic Heritage Festival ($5,000) Knology Sea-Blues Festival ($5,000) Clearwater Celebrates America ($3,000) "Cash Requests" has remained the same making the increase in total Cash and In-kind contributions 5.9%. Appropriation Code various city codes 010-01804-58100-514-000 010-01804-58200-514-000 010-01850-58200-573-000 010-01852-58200-573-000 Amount $517,870 $98,000 $14,500 $5,000 $20,000 Appropriation Comment various operating codes throughout the City cash cash cash cash Review Approval: 1) Financial Services 2) Office of Management and Budget 3) Clerk Cover Memo Item # 3 ..... o o '" cD o o '" >- u. .E 1il Qj :J 0" Qj 0:: Qj Cl "C :J III III 1: Qj > w 'iii '0 Qj a. l/l .... 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Z :I: UO ;:: ~ ~ M ~ ~ N N N Item # 3 Meeting Date:4/2/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award the Contract for Marshall Street Influent Pump Station Rehabilitation (07-0014-UT) to TLC Diversified, Incorporated of Palmetto, Florida in the amount of $680,680.00 in accordance with City Code Sec. 2.564(d), other governmental bid, and that the appropriate officials be authorized to execute same. (consent) SUMMARY: During routine pump service operations, it was determined that several valves in the station are worn and cannot properly isolate the pumps to allow the required service. In order to replace the existing valves, the sewer flows coming into the station must be bypassed. While the station is on bypass, there is an opportunity to address other areas of the pump station that require rehabilitation due to age and wear. Years of exposure to highly corrosive Hydrogen Sulfide gas have caused the coating inside the wet well to fail, and the exposed areas of concrete in and around the wet well are deteriorating quickly. The extent of the corrosion inside the wet well cannot be determined until a thorough cleaning and inspection is performed. Due to the uncertainty of the extent of corrosion damage, the contractor has added pay items for additional concrete restoration and additional pump and bypass tank rentals. Once the structures are thoroughly cleaned and inspected the contractor will provide the level of restoration required and the City will pay only for the work that is performed. The Marshall Street Influent Pump Station is located at the Marshall Street Advanced Wastewater Treatment Facility at 1605 Harbor Drive. The Marshall Street Influent Pump Station is a triplex wet pit/dry pit lift station. The proposed improvements at The Marshall Street Influent Pump Station involve temporary bypass pumping, concrete and liner restoration of the existing structures, replacing the lid of the influent manhole, installation of new check valves and new isolation valves, and minor piping to complete the project. TLC Diversified, Inc. is the present holder of the low bid, triennial, Lift Station Repairs and Refurbishment Services contract with Seminole County (contract cc-I220-03/TLC). The unit prices for this work are from that contract. The contractor will be allowed 90 days to accomplish the work and will begin within 30 days of a notice to proceed. Resolution 06-53 was passed on October 15,2006, establishing the City's intent to reimburse certain Water & Sewer Utility project costs incurred with future tax-exempt financing. The projects identified with 2008 revenue bonds as a funding source were included in the project list associated with Resolution 06-53. To fund this contract second quarter amendments will transfer budget and interim financing or funding with 2008 Water and Sewer Revenue Bond proceeds when issued in the amount of $462,680.00 from project 0376-96665, Sanitary Collection and Transmission R & R, and budget and revenue from 2002 Water and Sewer Revenue Bond Construction project 0343-96665, Sanitary Collection and Transmission R & R in the amount of $218,000.00 to Capital Improvement Program project 0376-96664, Water Pollution Control R & R, and 0343-96664, Water Pollution Control R & R, respectively for total contract funding of $680,680.00. The transfer of funding from Capital Improvement Program project 96665, Sanitary Collection and Transmission R & R, will not impact current or planned projects. Type: Current Year Budget?: Capital expenditure Yes Budget Adjustment: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Annual Operating Cost: Total Cost: Cover Memo Item # 4 to Appropriation Code 0343-96664-563800-535- 000-0000 0376-96664-563800-535 - 000-0000 Amount $218,000.00 Appropriation Comment $462,680.00 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 4 ~ m - -. '"_!!nI!! !Ill I ~J \: ~i~,,",,~ ~ ~ . ~.lk~:~_" '-,- i!::: __ ~~~'~~..J - I III _ ~ 1 ~ ~,..r.1 .- - ....... .. .. ..... - - III AI.2li ; ~ ~; r .. .:- I - ~ -- ... r IJI I - ~ 1ft I It , M .. .' p . . ... II i - :lJ.iT.... =~:=:- --~ ~-- -.' - ;rQ~~ ":J ...-- ~ . . =m ............. - ... ... IIf il I llLd I 111 11Im _ '11- - --m_-I_~ ~5 -, -. -- ~ ~7MI:- . ~ .-r,.~ 11IIII .. .. - II: llilIlII 11II .. - ... . .. IIIiIl!I .. _.. .. - .. liP iIlIIII .. ... 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Item # 4 Meeting Date:4/2/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve Change Order 3 to Rowland, Inc. of Pinellas Park FL., for the Del Oro Groves RCW System Contract (04-0022-UT) increasing the contract amount by $167,532.20 for a new contract total of $4,168,293.11, an extension of sixty (60) days to the contract timeand authorize the appropriate officials to execute same. (consent) SUMMARY: This contract was previously approved by the City Council on May 18,2006 for $3,667,030.68. Change Order #1 was approved by the City Council on July 20,2006 increasing the contract amount by $166,675.36 for a new contract total of $3,833,706.04. This was for the installation of a potable water main on Windward Passage. Change Order #2 was approved by the City Council on March 1,2007 to decrease unused items, increase necessary items, and the addition of new items to the RCW Distribution, RCW Transmission, Potable Water Distribution, and the East Plant Improvements portions of the original contract. This change order also closed out the Windward Passage Water Main portion of the contract and added the installation of a new Reclaimed Water Main on Ft. Harrison A venue. Increasing the contract amount by $167,054,87 for a new contract total of $4,000,760.91. This change order #3 is necessary for the installation of a new 8" potable water main to accommodate development at the cul-de-sac end of Skiff Point on Island Estates whereas the developers will reimburse the City of their shares before the City issues Building Permits for the development. Total funding of the $202,385.41 will be provided by the developers of Skiff Point (Majestic Point Condominiums, MAKO Condominiums & Mirabel Pointe (Liberty Mirabel, LLC)) of $75,894.53, $50,596.35 and $75,894.53 respectively. This funding not only pays for the construction costs of $167,532.20, but also the in-house design costs of $34,853.21. Funding from the Residences at Majestic Point Condominiums will be paid before the notice to proceed is executed with the contractor. Reimbursement of the $126,490.88 ($50,596.35 and 75,894.53) from MAKO Condominiums and Mirabel Pointe (Liberty Mirabel, LLC) will not be received for an estimated 2-5 years when Building Permits are issued. Consequently, funding of the $126,490.88 is included in the mid-year amendment outlined below to the budget and revenue in the CIP project 0315-96741, System R & R Capitalized. Mid year amendments will increase the budget by $202,385.41 for Developer Contribution (369907) and for expenditures in the CIP project 0315-96741, System R & R Capitalized. A copy of the contract is available for review in the Office of Official Records and Legislative Services. Type: Current Year Budget?: Capital expenditure No Budget Adjustment: No Budget Adjustment Comments: See funding statement. Current Year Cost: Not to Exceed: For Fiscal Year: Annual Operating Cost: Total Cost: to "" overM"emo"""""" Appropriation Code 0315-96741-563800-000- 0000 Amount Appropriation Comment Item # 5 Bid Required?: Other Bid / Contract: No Bid Number: Bid Exceptions: Other Review Approval: 1) Engineering 2) Financial Services 3) Office of Management and Budget 4) LegalS) Clerk 6) Assistant City Manager 7) Clerk 8) City Manager 9) Clerk Cover Memo Item # 5 Attachment number 1 Page 1 of 3 0 0 0 0 0 0 0 0 0 0 0 If) ~ ~ If) ~ ~ ~ ~ ~ ~ ~ 0 If) ('1 Q. 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Item # 5 Sheet2 Page 2 Attachment number 1 Page 2 of 3 Item # 5 Attachment number 1 Page 3 of 3 Sheet2 Page 3 Item # 5 CHANGE ORDER # 3 PROJECT: Del Oro Groves RCW System CONTRACTOR: Rowland, Inc. 6855 102nd Avenue North Pinellas Park, Fl. 33782 Attachment number 2 Page 1 of 2 DATE: March 14,2007 PROJECT NUMBER: 04-0022- UT PO REFERENCE NO.: ST 102283 DATE OF CONTRACT: Mav 31, 2006 CODE: 0315967395638005330000000 A 0378967595638005330000000 B 0315966645638005350000000 C 031596741 5638005330000000 D 0376967395638005330000000 E SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: ORIGINAL CONTRACT AMOUNT CO#l (Approved by Council 07/20/06) CO#2 (Approved by Council 3/1/07) CO#3 NEW CONTRACT AMOUNT $3,667,030.68 $166,675.36 $167,054.87 $167,532.20 $4,168,293.11 Frank Hibbard, Mayor Carlos Colon, Assistant City Attorney ATTEST: Cynthia E. Goudeau, City Clerk Date: CITY OF CLEARWATER, in PINELLAS COUNTY, FLORIDA William B. Home, II City Manager Rowland, Incorporated By: (SEAL) Kenneth Rowland, President Date: Witnesses: Recommended By: City of Clearwater Gary A. Johnson, CGC Public Services Director Michael D. Quillen, P.E. City Engineer Item # 5 Attachment number 2 Page 2 of 2 Page 2 of2 Change Order #3 - Del Oro Groves RCW System ITEM DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST Additions for Code D 0315-96741-563800-533-000-0000 Skiff Point Water Main Improvements 162 Mobilization 1 L.S. $23,000.00 $23,000.00 163 8" PVC C-900 Potable Water Main 665 L.F. $128.05 $85,153.25 164 8" DIP Potable Water Main 85 L.F. $250.70 $21,309.50 165 8" Gate Valve & Box 1 EA. $1,260.00 $1,260.00 166 6" X 6" TSV 2 EA. $2,515.00 $5,030.00 167 12" X 8" TSV 1 EA. $2,975.00 $2,975.00 168 Compact Ductile Iron Fittings 1 Ton $5,445.00 $5,445.00 169 8" Restrained Joint for PVC & DIP 43 EA. $69.75 $2,999.25 170 Furnish & Install Fire Hydrant Assembly 1 EA. $4,560.00 $4,560.00 171 Project Sign 1 EA. $570.00 $570.00 172 10% Contingency 1 L.S. $15,230.20 $15,230.20 SUBTOTAL (Additions to Code D) $167,532.20 SUMMARY NET TOTAL DECREASES/ADDITIONAL ITEMS/INCREASES TO CODE D $167,532.20 Item # 5 Meeting Date:4/2/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Continue first reading of ordinance 7802-07 to amend Chapter 32 as related to watering restriction changes under a drought directive from the Southwest Florida Water Management District. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 6 Meeting Date:4/2/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Preservation (P), and Initial Zoning Atlas Designations of Low Medium Density Residential (LMDR) District and Preservation (P) District for 2115 Pleasant Parkway (Lot 4, Pleasant Ridge Estates; Section 24, Township 29 South, Range 15 East); and Pass Ordinances 7792-07, 7793-07, & 7794-07 on first reading. (ANX2006-12040) SUMMARY: This voluntary annexation petition involves a 0.35-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the west side of Pleasant Parkway, approximately 100 feet south of the intersection of Bell Cheer Drive and Pleasant Parkway. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The property is located within an enclave and is contiguous to existing City boundaries to the east. It is proposed that the property be assigned Future Land Use Plan designations of Residential Low (RL) and Preservation (P) and zoning categories of Low Medium Density Residential (LMDR) and Preservation (P). The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.F and Pinellas County Ordinance 00-63 as follows: . The closest sanitary sewer line is located to the rear of the property and the applicant has paid the City's sewer impact and assessment fees and is aware of the additional costs to extend City sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen-Booth Road. Fire and emergency medical services will be provided to this property by Station 48 located at 1700 N. Belcher Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and . The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective 2.4: Compact urban development within the urban service area shall be promoted through application of the Clearwater Development Code. . The proposed RL and P Future Land Use Plan categories are consistent with the current Countywide Plan designation of this property. The RL designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning districts to be assigned to the property are the Low Medium Density Residential (LMDR) District and Preservation (P) District. The use of the subject property is consistent with the uses allowed in both the P and the LMDR Districts, and the property exceeds the LMDR District's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan, City's Comprehensive Plan and Community Development Code; and . The property proposed for annexation is located within an enclave, is contiguous to existing municipal boundaries and is within the City's urban service area; therefore the annexation is consistent with Section (l)(a) of Pinellas County Ordinance 00-63 which governs annexation and meets the applicable requirements of Florida Statutes 171. The Pinellas Planning Council (PPC) staff has reviewed this annexation and no objections were raised. Cover Memo Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Item # 7 Views looking west (above four photos) Views looking east at rear of property through open space area Attachment number 1 ANX2006-12040 Lewis P. Lecceardone 2115 Pleasant Parkway Item # 7 Attachment number 1 Page 2 of 7 Location Map Owner Lewis p, Lecceardone Case: ANX2006- 12040 Site: 2115 Pleasant Parkway Property Size 0.35 (Acres): Land Use Zoning PIN: 24-29-15-72144-000-0040 From: RL&P (County) R-1 &P(County) To: RL&P (City) LMDR&P (City) Atlas Page: 308B Item # 7 Attachment number 1 Page 3 of 7 Aerial Map Owner Lewis p, Lecceardone Case: ANX2006- 12040 Site: 2115 Pleasant Parkway Property Size (Acres): 0.35 Land Use Zoning PIN: 24-29-15-72144-000-0040 From: RL&P (County) R-1 &P(County) To: RL&P (City) LMDR&P (City) Atlas Page: 308B Item # 7 1 I '" I ~~ -,=-- "k' I 1 00 ~ ~ ~~~'~j i";;W'..::~. .'~~~.:~:~.~ ~k' ~t...~~ ~~lIn ....:. ~, .!II.. .... . ~::~~~ r.;.::.:::~:. ::~:.A:!:!~ .~':~{::. . :~.. .~~ .o~:-;::~ t-i;'f:+i.oj .,:::~~: ~.~~. '~~;':""'i-~};*-.~ ;;.';':~~ L::.:~.s:-.~.. ,~~........ .1i:-:::...... 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'1f~'I:~;';:: l:::i::'\;~~j~i;: ~'~ :f~'_..~..:~~,=.i.~~ ..0: :.o:....~::--- ... !f1:.=:~:,:-:::;m.it~ ~ .::J.&.,~:~~:.::: i(:. :-::...ii~.~.'W.:"::' .~ ::.~:~~;r~~~;~,~~'~. ==-,;~: .. ~::;:,:~:;,:,":...:'.....;"':,::="i.:; :~5-.:-:=:-~;.:i':;.!~a &. ~~~\W.~:7i!2:~ '.~.: ~,!u~~ :f~:.~::;~~::.::;~~.: ~ .~4.-:~;;~~~~.~l~ G 85.11 1::; Ac " LAKEVIEW R - - "'" I Existing Land Use Map Owner Lewis p, Lecceardone Case: ANX2006- 12040 Site: 2115 Pleasant Parkway Property Size 0.35 (Acres): Land Use Zoning PIN: 24-29-15-72144-000-0040 From RL&P (County) R-1 &P(County) To: RL&P (City) LMDR&P (City) Atlas Page: 308B Item # 7 Attachment number 2 Page 1 of 1 ORDINANCE NO. 7792-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 100 FEET SOUTH FROM THE INTERSECTION OF BELL CHEER DRIVE AND PLEASANT PARKWAY, CONSISTING OF LOT 4, PLEASANT RIDGE ESTATES, WHOSE POST OFFICE ADDRESS IS 2115 PLEASANT PARKWAY, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WH EREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORI DA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 4, Pleasant Ridge Estates, according to the map or plat thereof as recorded in Plat Book 53, Page 71, Public Records of Pinellas County, Florida (ANX2006- 12040) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 7 Ordinance No. 7792-07 Attachment number 3 Page 1 of 1 ORDINANCE NO. 7793-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 100 FEET SOUTH FROM THE INTERSECTION OF BELL CHEER DRIVE AND PLEASANT PARKWAY, CONSISTING OF LOT 4, PLEASANT RIDGE ESTATES, WHOSE POST OFFICE ADDRESS IS 2115 PLEASANT PARKWAY, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW AND PRESERVATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Lot 4, Pleasant Ridge Estates, according to the map or plat thereof as recorded in Plat Book 53, Page 71, Public Records of Pinellas County, Florida (ANX2006-12040) Land Use Cateqory Residential Low and Preservation Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7792-07. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 7 Ordinance No. 7793-07 Attachment number 4 Page 1 of 1 ORDINANCE NO. 7794-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 100 FEET SOUTH FROM THE INTERSECTION OF BELL CHEER DRIVE AND PLEASANT PARKWAY, CONSISTING OF LOT 4, PLEASANT RIDGE ESTATES, WHOSE POST OFFICE ADDRESS IS 2115 PLEASANT PARKWAY, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR) AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot 4, Pleasant Ridge Estates, according to the map or plat thereof as recorded in Plat Book 53, Page 71, Public Records of Pinellas County, Florida (ANX2006-12040) Zoninq District Low Medium Density Residential (LMDR) and Preservation (P) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7792-07. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 7 Ordinance No. 7794-07 Meeting Date:4/2/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Appoint a Citizen Advisory Committee (CAC) to assist in the preparation of the Evaluation and Appraisal Report (EAR) based amendments required for the Comprehensive Plan and adopt Resolution 07 -08. SUMMARY: The Evaluation and Appraisal Report (EAR) for the City's Comprehensive Plan was adopted by the City Council on September 21, 2006 pursuant to Resolution 06-49 and determined sufficient by the Department of Community Affairs (DCA) on November 29, 2006. The EAR-based amendments are required to be adopted within 18 months from the date of DCA's determination. To provide effective public participation in the EAR-based amendments process as anticipated by Chapter 163 of Florida Statutes, the Planning Department is requesting the City Council to establish a Citizen's Advisory Committee (CAC). The proposed CAC is comprised of representatives from the City's seven neighborhood districts and various stakeholder groups. City staff from the Planning, Engineering, Parks and Recreation, Economic Development and Housing and Utilities Departments will also participate. The City is required to adopt the EAR-based amendments by May 29,2008 and this resolution will establish the membership of the CAC that will participate in the amendments process. Some districts have more members because they are larger and/or more dense. Also, there was a lack of names from District 7. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 8 Attachment number 1 Page 1 of 3 RESOLUTION NO. 07-08 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, APPOINTING THE CITIZEN ADVISORY COMMITTEE (CAC) FOR THE COMPREHENSIVE PLAN EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS PROCESS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Community Affairs through Chapter 163, Florida Statutes, requires all local governments in Florida to adopt amendments to their comprehensive plans related to the Evaluation and Appraisal Report (EAR) process; and WHEREAS, it is the intent of Chapter 163 that the public participate in the EAR based amendments process to the fullest extent possible; and WHEREAS, it is the responsibility of local planning agencies and local governmental units to adopt procedures designed to provide effective public participation in the EAR based amendments process; and WHEREAS, the City of Clearwater has determined that the establishment of the CAC is an appropriate way to provide effective public participation in the EAR Based Amendment process; and WHEREAS, the City of Clearwater is required to adopt amendments to update the Comprehensive Plan based on the evaluation and appraisal report within 18 months after November 29, 2006 when the report was determined to be sufficient by the State Department of Community Affairs; and WHEREAS, the City of Clearwater desires to establish, for the EAR Based Amendment Process, the CAC composed of representatives from the neighborhood districts in the City of Clearwater and representatives of the City at large who will represent the many diverse interests within the community; now therefore, BE IT RESOLVED by the City Council of the City of Clearwater, Florida: Section 1. The CAC for the Comprehensive Plan EAR process is established for the EAR-based amendment process and consists of the members as shown in Exhibit A. Section 2. That the CAC will employ the process outlined in Chapter 163, Florida Statutes, in the Comprehensive Plan review for the City of Clearwater. Section 3. This resolution shall take effect immediately upon adoption. Resolutidrtem r:JI;..cf8, PASSED AND ADOPTED Attachment number 1 Page 2 of 3 Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Resolutidrtem r:JI;..cf8, EXHIBIT A CITIZEN ADVISORY COMMITTEE Name NeiQhborhood District 1. Frank Dame 1 2. Bill Day 1 3. Ron Delp 1 4. Barbara Green 2 5. Judy Melges 2 6. Duke Tieman 2 7. Gloria Bailey 2 8. Alex Pliska, Jr. 2 9. Norma Carlough 3 10. Vonabell Sherman 3 11. Elizabeth France 4 12. Bill Murray 5 13. Rob Boos 6 14. Helen Kerwin 6 15. J.B. Johnson 7 16. Glenn Bailey Pinellas County Planning Department 17. Laura St. Clair Downtown Attachment number 1 Page 3 of 3 Resolutidrtem r:JI;..cf8, Meeting Date:4/2/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Appoint a Councilmember to serve as Vice-Mayor SUMMARY: The Charter requires the appointment of the Vice-Mayor at the first meeting in April. Councilmember Petersen is the current Vice- Mayor. The Council has no written policy or rule regarding the appointment. Recent practice has been to rotate the appointment among the Councilmembers. Review Approval: 1) Clerk Cover Memo Item # 9 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Appoint one member to the Parks and Recreation Board with the term expiring on April 30, 2011. SUMMARY: The Appointment Worksheet is attached. Review Approval: 1) Clerk Meeting Date:4/2/2007 Cover Memo Item # 10 Attachment number 1 Page 1 of 1 APPOINTMENT WORKSHEET BOARD: Parks and Recreation Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALI FICA TIONS: None MEMBERS: 7 CHAIRPERSON: Jonathan R. Wade, Sr. MEETING DATES: 4th Tues., 6:30 pm PLACE: MSB Conference Room 130 APPTS. NEEDED: 1 THE FOllOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOI NTEE. 1. James D. Appelt - 1660 Farrier Trail, 33765 - CPA Original Appointment 11/15/01 Resigned 10/17/06 THE FOllOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO Fill THE ABOVE VACANCIES: 1. Tom Calhoun - 2421 Old Coach Trail, 33765 - Realtor (Appt MAB 03/01/07 Meeting - Resigned AA) 2. Gerald J. Thompson - 2666 Cascade Court, 33761 - Sales 3. Martha Jane Williams - 217 North Hillcrest, 33755 - Retired/Product Planner Zip codes of current members on board: 1 at 33755 1 at 33761 2 at 33764 1 at 33765 1 at 33767 Item # 10 Attachment number 2 REC!IVED Name: JAN 2 9 2004 CITY OF CLEARWATER -APPLICATION FOR ADVISORY BOAROSL R ( t b CI t "d t) .000000CJA ECORDS AND _______ /l) mu~/ earwa er rest en LEGISLATIVE SRVCS DEPT / cfM VC//UervN Home Address: / -;2 f/ c2/ Vi!c/ &tfC f;i 7 / (!//..ea~ Zip ~1)6-.S--- Telephone: 7.:2 ) "'/ / d. 9/.? .;L How long a resident of Clearwater? Occupation: ~ -ea I h,,- Field of Education: c:~~/ ,--, ,I ~ /1-zl Zip -.fl;>,{? ~.J.;> r J'/~/ >'f,t... ,- If retired, former occupation: Community Activities: 2/.-J&, >>lo O~~r Interests: Service (current and past): r ~ tJC- 121./ J'l v.' JC..../ .2 /lJ 1. i ha./Q4'C/~." ./ --1r"'r t//c~./ Board Preference: Sign~ See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue VIS #r-K- ( ,J- RbC ~/ h }</UC /kk"..s/ffA'(J6'C! -2C/[J l ~ Date: /~...2 ~ ~cY{:J y Additional Comments: Item # 10 07!0g!2004 12:17 1 727712g1 73 TOM CALHOUN AttaE'~t nJMber 2 Page 1 of 1 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? ::-;;)' r~~/~w all JHQr//;/~ {J'(!,~;;itp~ J~d~ )IV r!.~I?1,p~f;;;r;-,' (Jill >>Ik~.. 7h ~~ /5Svt:;?j h/'~",y L St<~~'~~~ Ii.. ~:!~ ~~~ Yh-r~ ~ J11ttr//I/r~.t.( s: ) / {/~ j~ttc./ /7{Y;{~~J- 2. Have you ever observed a board meeting either in person or on C-View, the City's 1V station? Aft!. ,-, ...t- tCt y,.,( /'~a.c/~ ./,)4~ ~/~"~..r IS-, ~ ~ 3. What background andlor qualifications do you have that you feel would qualify you to serve on this Board? ~ / / / - > ',/ ~ - t/~ S.o..(/cLd tJN Z. ch4.,...~r- ~th#""'/~J/d~S' / ('/~..........~_~_ ;( ;;: t[li..;~~:;; ;jLd};;~:::~ (' ~ur~.- /d~.. t1J~""~": &...7 .;)<7JI A;{V4!. q, t/lkl-.- a,f ~ ,<::::.,~~...- i}~ 2Vf-~ .wr4 S;'I%-,4~. r7 4, Why do you want to serve on this Board? C 1Jj(j~J-tJ Oi/r..eJ.- io€ t2r"f..6--r" MdP"/~ /''e>.>~~r CJ-~ ~<I"~ a,t: iI.~ au~~r s;. '7' (" ~ 0";;,,< ,""':'? ddL fltvJ i-L< htPu/d /) r~ct.' / I Item # 10 07/09/2004 12:17 17277129173 TOM CALHOUN < Name 7t~, (-nM) c.~# Board Name: /III4f2JAJr ~5~!f kffii'-/J PAGF 0":1 Attachmei'il numDer 2 Page 1 of 1 Item # 10 Attachment number 3 Page 1 of 1 CITY OF CLEARWATER.. APPUCATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: GA:A At /.) Home Address: ?- t, c... h aA-~ eA fJ I'Z- tJ () t{ t! -r C tsA~uJ'tr/E1<.. ~L. liD '33 761 Telephone: 72-7 - 791 -~ Z 3 ) How long a resident of Clearwater? /~ V~'- ~ / Occupation: ~k/A/A.A Field of Education: Y f-GAA /-l()lLillJ'J, .::r -r//d'1lJ::4A/ Office Address: bS/1 Y3r:ttl ~r PI?,. UJt.8r/HtJ7' ~~ AP~I< rL ZiD 337ft/ Telephone: 72- 7-Sz..S- - --g~~ ~, Employer: Coa&rr t3qo~J2~ Other VVork Experience: ~~. If retired, fonner occupation: Community Activities: LJ:. -r-rL..i[" LJt:.,JIV, U~ , RECEIVED JAM 2 ~ 'OD7 QJ:J;1CIAl. AiCOReI AND bl /III z:.~~~11VE SRVcs DEPT Other Interests: _ 5)(,/If../ r 7i<1IjJ. 5/100 I;~ Board Service (current and past): Board Preference: 8?Ah~&f<I!A:7~ /I()v~~y ~1J,411 0 . AdcfIIIoMI COmmenII: -? Signed. Date: ,,-~ J / 'f Z-<!Jd ;7 U / See attached list boards that require _ financtaI dlsclo8ure at time of appointment. Please retum this application and- board questionnaire to the OfficIal Records & LegislatNe Services Department, P. o. Box 4748. Clealwater, FL 33758-4748, or drop off your application at City Ha". 2nd Floor. 112 S. Osceola Avenue. Item # 10 Page 1 of 1 BOARD QUESTIONNAIRE 1 . What is your understanding of the board's duties and responsibilities? I!fJv:::r~flIZ.> IAAJi~f(;E..G, ~c:::z~z -r~IL.L . . / ;:C,HffAoI'JIZ,>>4/:tz.,/VT<t5 (t.6'V'/.) -:r"T~~,- ~ d)4.Y'~I'/'?~~ I 2, Have you ever observed a board meeting either in person or on C-View, the City's TV station? ft/P 3, What background and/or qualifications do you have that you feel would qualify you to serve on this Board? LlA/.tJ,,4~T~A/OrA/':J ~E I!L~Au/A7A:A- VAp 7'".#' "-4LJ""? -r A/A/UJs /b A.. /'U 7UA/S-. &~ ~L 7 ' . r~AUP/E.rl1~}f./;- ~ Ok/.2 RA. 77/Au i:?~r d~AUlJt-~ 4, Why do you want to serve on this Board? 5~ /'7.-A/l//~u..~ /JtIJ s. ~v~ ~pA~r -r#/I"'- , P /l. Ab l/~ ~AJ/'.t.:Z:$hI.-t!::-, " ~ Name: Board Name: Item # 10 .... Attachment number 4 Page 1 of 1 ~K.3 KU4~oiJ CITY OF CLEARWiTER - APPLICATION FOR ADVISORY BOARDS (mu?:,_ t __clearwater ~nt) Name: ~ $te ~ d-J/~ Home Addre Office Address: lS Zip Telephone: How long a resident of Clearwater? Occupation: -AI--ki Q Ai) Field of Education: A:.-I~ /LI~ ~ Telephone: ~ ~--1 / Employer: Other Work Experience: RECEnlED- MAR 06 Zrmr- OFFICIAL RECORDS AND L[GlStATN! SRVCS DEPf If retired, former occupation: Comm$'ity Activities: -h Othar Interes1S: ~~ .) Board Service (current and st): ~ Board Preference: RECEIVED MAR 0 6 2001 Ut-t-Il;!AL Rt(;OR~ AND ~ . ~ ~ Signed.:...F~ Date: tt~ .. ~y See atta ed list for boa s that requIre financial disclosure at time of appointment Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748. Clearwater. FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue, Item # 10 '- Attachment number 4 Page 1 of 1 BOARD QUESTIONNAIRE 1. What is your unders_ tanding of the boa';?'s duties and responSlbllit~ _~se t:J1 p~~i /Vlt;;;-erbo/~ .. . :j-~a.- 4A/17/k-O.t.iY.~ ~(~ /il 'Id-6 ~ if~ Of!),U 2. Have you ever observed a board meeting either in person or on CNiew, the City'sy;;tlon? ~ g ~ ~~ .) -/~~ 4~ ~&-J ' 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? d~ ;iJ 1 4. Why do you want to serve on this Board? - Board Name: Item # 10 Meeting Date:4/2/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Grant a non-exclusive perpetual easement to Crystal Beach Capital, LLC, for lawful purposes including, but not limited to, pedestrian ingress and egress, rights for and access to cafe seating, retail and restaurant operations and other facilities to provide consessions within the Easement Property; and an easement for the construction, use and occupancy of the Access Improvements, including foundations and support columns and structures. (consent) SUMMARY: The Second Amendment to the Second Amended and Restated Development Agreement between the City and Crystal Beach Capital, LLC, was approved by the City Council on March 1,2007. Paragraph 5 of the Second Amendment states that the Developer shall be responsible for the design construction and funding of the Garage Access Improvements The City agrees to grant to the Developer an easement for the construction use and occupancy of the Garage Access Improvements. Review Approval: 1) Public Works Administration 2) Financial Services 3) Legal 4) Clerk 5) Clerk Cover Memo Item # 11 Attachment number 1 Page 1 of 6 This instrument prepared by: Stephen 1. Szabo, III, Esq. F 01 ey & Lardner LLP 100 North Tampa Street, Suite 2700 Tampa, Florida 33602 For Recording Purposes Only GRANT OF EASEMENT This Grant of Easement is made this _ day of March, 2007, by THE CITY OF CLEARW ATER FLORIDA, a Florida municipal corporation, its successors and assigns ("Grantor") in favor of CRYSTAL BEACH CAPITAL, LLC, a Florida limited liability company, its successors, assigns and affiliates and their respective invitees and licensees (collectively, "Grantee"). WHEREAS Grantor is the fee owner of certain real property located in Pinellas County, Florida, as more particularly described in Exhibit "A," attached hereto and made a part hereof (hereinafter, the "Easement Property"); and Grantee is the owner of certain adjacent real property located in Pinellas County, Florida, as more particularly described in Exhibit "B," attached hereto and made a part hereof (hereinafter, "Benefited Property"), which Benefited Property is the intended site of a beachfront hotel and condominium resort and parking garage facility to be constructed thereupon (the "Grantee Facilities"); and Grantor desires to grant unto Grantee a non-exclusive, perpetual easement over, above, upon, through and across the Easement Property for all lawful purposes, including, without limitation: (i) pedestrian ingress and egress over sidewalks, stairwells, landings, arcade, elevated sidewalks, and such other access paths as may be agreed upon between the parties for purposes of allowing Grantee access to the Grantee Facilities, (ii) rights for and access to cafe seating, retail and restaurant operations and other facilities to provide concessions within the Easement Property, and (iii) an easement for the construction, use and occupancy of the sidewalks, landings, arcade, elevated sidewalks, stairwells, other access paths, cafe seating and other facilities as described in subsections (i), (ii) and (iii) above, including foundations ands support columns and structures (collectively, the "Access Improvements"). Now, therefore, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby declare as follows: TAMP _528784.2 Item # 11 Attachment number 1 Page 2 of 6 GRANT OF EASEMENT 1. Adoption of Recitals. The foregoing Recitals are hereby acknowledged as being true and correct, and the same are hereby adopted and made a part of this Grant of Easement. 2. Grant of Access Easement. Subj ect to the terms and conditions of this Grant of Easement, Grantor hereby conveys and grants to Grantee a non-exclusive, perpetual easement over, above, upon, through and across the Easement Property for all lawful purposes, including, without limitation: (i) pedestrian ingress and egress over sidewalks, stairwells, landings, arcade, elevated sidewalks, and such other access paths as may be agreed upon between the parties for purposes of allowing Grantee access to the Grantee Facilities, (ii) rights for and access to cafe seating, retail and restaurant operations and other facilities to provide concessions within the Easement Property, and (iii) an easement for the construction, use and occupancy of the Access Improvements, including foundations ands support columns and structures. Notwithstanding anything herein to the contrary, Grantee acknowledges and agrees that its right use and enjoy to the easements granted hereunder shall upon completion of construction of improvements upon the Benefited Property remain in effect for so long as Benefited Property is developed and used in substantial accordance with the uses permitted under that certain Second Amended and Restated Development Agreement recorded in O.R. Book 13996, Page 2409, Public Records of Pinellas County, Florida, as subsequently amended from time to time (e.g., beachfront hotel and condominium resort and parking garage facility and related facilities). 3. General. This Grant of Easement shall be binding upon both Grantor and Grantee, as well as all of their successors and assigns, and shall constitute covenants appurtenant to and running with the land described herein, and shall inure to the benefit and be binding upon the heirs, successors, assigns, tenants, agents, employees, guests and invitees of Grantee, and their successors and assigns. 4. Maintenance. Grantee shall be responsible for the construction and maintenance of the Access Improvements located on the Easement Property in a state of good condition and repair. Grantee shall perform all construction and maintenance in accordance with all applicable laws, codes and ordinances. 5. Notices. All notices, requests, demands and other communications which are required or may be given under this Grant of Easement shall be in writing and shall be deemed to have been duly given: (a) when received, if personally delivered; (b) the day after being sent, if sent for next-day delivery to a domestic address by recognized overnight delivery service (e.g., Federal Express); or ( c) five days after being sent, if sent by certified or registered mail. 6. Attornevs' Fees. In the event of any dispute arising out of this Grant of Easement or any instrument given in connection herewith, or in the event it shall become necessary for any party to employ counsel to protect the party under this Grant of Easement or any instrument given in connection herewith, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs, whether incurred out of court or in litigation, including fees and costs incurred for representation on appeals, expert witness fees and costs for paralegal assistance. 2 TAMP _528784.2 Item # 11 Attachment number 1 Page 3 of 6 7. Bindim!: Effect. This Grant of Easement, and all the terms, conditions, covenants, representations and warranties hereunder, shall be binding upon, and inure to the benefit of, the parties, their respective personal representatives, heirs, successors and permitted assigns. 8. Waivers. No action taken pursuant to this Grant of Easement, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representation, warranty, covenant or agreement contained herein, therein or in any document delivered in connection herewith or therewith. The waiver by any party to this Grant of Easement of a breach of any provision of this Grant of Easement shall not operate or be construed as a waiver of any subsequent breach of such provision or as a waiver of any breach of any other provision of this Grant of Easement. 9. Construction and Venue. The formation, interpretation and performance of this Grant of Easement shall be construed pursuant to and governed by the laws of the State of Florida. The parties hereto hereby agree that the venue of any action, proceeding, claim, counterclaim, crossclaim, or other litigation arising out of this Grant of Easement shall be in Pinellas County, Florida. 10. Headin2s. The headings of the various sections in this Grant of Easement are inserted for the convenience of the parties and shall not affect the meaning, construction or interpretation of this Grant of Easement. 11. Pronouns. The masculine pronoun, wherever used herein, shall mean or include the feminine or neuter pronoun wherever applicable, and whenever words are used herein in the singular or plural form, they shall be construed as though they were also used in the other form, in all cases where such should apply. 12. Severabilitv. If any clause or provIsIOn herein contained operates or would operate to invalidate this Grant of Easement in whole or in part, then such clause or provision only shall be deemed severed and not a part hereof, as though not contained herein, and the remainder of this Grant of Easement shall remain operative and in full force and effect. 13. Entire A2reement~ Amendment. This Grant of Easement and all exhibits and schedules attached hereto together constitute the entire agreement between and among the parties with respect to the subject matter hereof, which agreement supersedes all prior agreements and understandings, oral or written, between and among the parties to this Grant of Easement with respect to the subject matter hereof. This Grant of Easement may not be modified or otherwise amended except by a written instrument expressly referring to this Grant of Easement and executed by the party to this Grant of Easement against whom such amendment is sought to be enforced. IN WITNESS WHEREOF, the undersigned has executed this Grant of Easement this _ day of March, 2007. 3 TAMP _528784.2 Item # 11 Attachment number 1 Page 4 of 6 GRANTOR: Countersigned: CITY OF CLEARWATER, FLORIDA By: Frank V. Hibbard Mayor William B. Horne II City Manager Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk GRANTEE: Signed, sealed and delivered in the presence of: CRYSTAL BEACH CAPITAL, LLC (Witness Signature) Print Name: By: NJR DEVELOPMENT COMP ANY, L.L.C., its sole manager (Witness Signature) Print Name: Neil 1. Rauenhorst, its Manager STATE OF FLORIDA COUNTYOFH~LSBOROUGH The foregoing instrument was acknowledged before me this _ day of March, 2007, by Neil 1. Rauenhorst, manager of NJR Development Company, L.L.C., sole manager of Crystal Beach Capital, LLC, a Florida limited liability company, on behalf of the companies, who is personally known to me or produced as i dentifi cati on Notary Public - Signature Print Name: My Commission Expires: 4 TAMP _528784.2 Item # 11 TAMP _528784.2 Attachment number 1 Page 5 of 6 EXHIBIT "A" LEGAL DESCRIPTION OF EASEMENT PROPERTY Item # 11 TAMP _528784.2 Attachment number 1 Page 6 of 6 EXHIBIT "B" LEGAL DESCRIPTION OF BENEFITED PROPERTY Item # 11 ~ ~ ~ fj o Q:j ~ ~ ~ ~ fj G L=173.17' R=5965.02' t:..=01"39'4B" C LEN=173.16' 8RG=N 06"54'57" E I L=173.6B' R=5982.52' t:..=01 '39' 4B" C LEN=173.67' 8RG=S 06.54'57" W I 1-"- I 1 S 83"54'57" E 17.50' <0 o I,{j o <0 o u:i o ..- '-"-~ I I I I I Attachment number 2 Page 1 of 2 REMAINDER OF LOT 56 00 w i-) .0 I{) P <0 o 2: 3: ~ 0 .0 CO If) )- I") p <( C',J <0 3: CI o t... Q... en 0<0 I-~ I:"<t C1~ iE. a::: ~o -l<o mo 3:1 LuO 5;E t...'" --..J , =:JO C1z ow J::u <z u<( <(~ >0 a::: o I I '-~._.. _'0_ I : SOUTH 20' lOT 56 L.__. ---.. - "-..- NOT TO SCALE I- 2: w :=e w CIJ <( W .;,c --..J < 3: w Cl i7i Cl w CIJ o Q o a::: Q.. I I I I / I I <L_.. LOT 57 I ..-. -..-. '-.. -.--- V ACA TED 3RD STREET z o i7i ;> 6 m =:JC',J CIJ..- a:::C1 LuQ... 2: 3;1") .;,c..- VJ ~~ - Q... i ~ o .....J --..J -"-. ._+~- LOT 58 "-.. -."-. '-"- LOT 59 1 I "j '821~' '44~" '. _~TH ~y 35.00 IV -.._.._ o f Cg~~WEST C~~N~~-"- QO AQUALEA RESORT OWG_ NO_: 504808.d SKETCH and DESCRIPTION PROPOSED SIDEWALK EASEMENT PROJECT NO. DRAWlNG# SCALE 8T LAtI) SURVEYN3, INC. DRAWN 111 FOREST LAKES BOULEVARD DATE "- ./ OlDSMAR FLORIDA 34677 CHECKED/QC __ ' FIELD CREW IlOlJNOARY - TOPOGRAPHIC - CQNSTRIJCTION STAKEOUT BK. 1 PG. PIt (313) 854-1142 FAX: (813) 855-6ll9O SURVEY DATE 5048.08 SEE ABOVE N.T.S. GAP 2127/07 KOM N/A NlA N/A SHEET 1 OF 2 BY Atbrhrnent n' IrnbQr 2 Page 2 of 2 DESCRIPTION- Proposed Sidewalk Easement Commence at the Southwest corner of Lot 59, Lloyd-White Skinner Subdivision, as recorded in Plat book 13, Page 12, Public records of Pinellas County, Florida; thence N 8215'44" W on a projection of the South boundary line at said Lot 59, a distance of 35.00 feet to the Point at Beginning, said point being the Southwest corner at a portion of Gulf View Boulevard vacated per ordinance No. 7600-06, O.R. Book 14956, Page 2380; thence continue along said projection N 82"15'44" W, a distance of 17.50 feet to a point on a curve to the left; thence along said curve 173.17 feet, having a radius of 5965.02 feet, and a central angle of 01'39'48" subtended by a chard bearing of N 06"54'57" E and a distance of 173.16 feet to a point of tangency, said curve being 17.50 feet West and parallel to said vacated right-of-way thence N 06.05'03" E, a distance of 105.06 feet; thence S 83"54'57" E along the projection of the North Hne of the South 20 feet of Lot 56 of said Lloyd-White Skinner Subdivision, a distance of 17.50 feet to a point an said vacated right-at-way; thence S 06.05'03" W along said vacated right-of-way, a distance of 105.06 feet to 0 point of curvature; thence 173.68 feet alan g a curve to the right, h avin g a radius of 5982.52 feet and a central angle of 01"39'48", subtended by a chord bearing of S 06"54'57" Wand a distance of 173.67 feet to the Point of Beginning. Parcel contains: 4873 Square Feet, 0.1119 Acres NOTES. 1, ll-iIS IS A SKETCH AND DESCRIPllON. ll-iIS IS NOT A BOUNDARY SURVEY, 2. BASIS OF BEARING: ll-iE SOUTH UNE OF LOT 59 BEING N8215'44"E, ASSUMED, 3. THERE MAY BE ADDIllONAL EASEMENTS, RESTRICllONS, AND/OR MATTERS NOT SHOWN ON THIS SKETCH AND DESCRIPllON \lIHICH MAY BE FOUND IN THE PUBUC RECORDS OF THIS COUNTY. 4. THIS SKETCH AND DESCRIPllON IS MOl 'lAUD WITHOUT THE SlGNAlURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER. AQUALEA RESORT EASEMENT DESCRIPTION PROJECT NO. 5048.08 ORA WINa8 604808 Item #stISET 2 of ~ Attachment number 3 Page 1 of 2 Exhibit B LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 8, TOW'NSHIP 29, RANGE 15 EAST, PINElLAS COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOllOWS: LOT 57, LOT 104, THE SOUTH 20.00 FEET OF LOT 56, AND THE SOUTB 20.00 FEET OF LOT 103, OF THE llOYD-WHITE-SKINNER SUBDIVISION, AS RECORDED IN PLAT BOOK 13, PAGE 12, OF THE PUBLIC RECORDS OF PINElJ-AS COUNTY, F1~ORIDA, TOGETHER WITH LOT 105, LOT 106, AND THE NORTH HALF OF LOT 107, OF THE LLOYD-WRITE-SKINNER SUBDIVISION, AS RECORDED IN PUT BOOK 13, PAGE 12, OF THE PUBLIC RECORDS OF PINEllAS COUNTY, FLORIDA. TOGETHER WITH LOT 58 AND 59, OF THE LLOYD-WHlTE-SIGNNER SUBDNISION,AS RECORDED IN PLAT BOOK 13, PAGE 12, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. TOGETHER WITH THAT PORTION OF THIRD AVENUE A 60.00 FOOT RIGHT- OF-WAY TO BE V ACA TED. BEING BOUNDED ON THE EAST BY THE \VEST RIGHT-OF-WAY LINE OF CORONADO DRIVE, AND ON THE WEST BY THE EAST RIGHT-OF-WAY LINE OF GULF VIEW BOULEVARD, ON THE NORTH BY THE SOUTH PROPERTY LINE OF LOT 57 AND LOT 104, AND THE SOUTH BY THE NORTH PROPERTY LINE OF LOT 58 AND LOT 105. TOGETHER WITH THE EAST 35.00 FEET OF A 70.00 FOOT RIGHT-OF-WAY OF GULF VIEW BOULEVARD TO BE VACATED; BOUNDED ON THE NORTH BY THE WESTERLY EXTENSION OF A LINE LYING 20 FEET NORTH OF AND PARALLEL WITH THE NORTH PROPERTY LINE OF LOTS 57 AND 104, AND ON THE SOUTH BY THE WESTERLY EXTENSION OF THE SOUTH LINE OF LOT 59, LESS AND EXCEPT THE EAST 10.00 FEET THEREOF. CONTAINING 1.563 ACRES, MORE OR LESS. OR BEING MORE PARTICULARLY DESCRIBED AS FOllOWS: COMMENCE THE THE NORTHEAST CORNER OF THE SOUTH 20.00 FEET OF LOT 103, OF llOYD-WHITE-SKINNER SUBDIVISION, AS RECORDED IN PLAT BOOK 13, PAGE 12, OF THE PUBLIC RECORDS OF PINEU~S COUNTY, FLORIDA, A FOUND PK NAIL AND DISC L.B. 2610; THENCE, N.83054157"W., ALONG THE NORTH BOUNDARY OF THE SOUTH 20.00 FEET OF SAID LOT Item # 11 Attachment number 3 Page 2 of 2 103, 10,00 FEET TO THE POINT OF BEGINNING, A FOUND 1/211 CAPPED IRON ROD L.13. 4513; THENCE S.06005103tfW" 1 05.06 FEET TO A FOUND 1 /2" CAPPED maN ROD L.B. 4513, ALSO BEING A POINT OF CURVATURE OF A CURVE CONCA\TE NORTHWEST AND I-IAVING A RADIUS OF 6,227,52 FEET; THENCE ALONG THE ARC OF SAID CURVE TO THE lUGHT, 199.76 FEET THROUGH A CENTRAL ANGLE OF 1050'27" (CHORD 199.75 FEET, BEARING S.07000'17"W'), TO A FOUND 1/2" CAPPED IRON ROD L.B. 4513; THENCE NON-TANGENT FROM SAID CURVE, N.81059'43"W., 90.18 FEET TO A FOUND 5/8" CAPPED IRON ROD L.B. 3889, ALSO BEING A POINT ON A NON-TANGENT CURVE CONCAVE NORTHWEST AND HAVING A RADIUS OF 6,127.52 FEET; THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT, 18.89 FEET THROUGH A CENTRAL ANGLE OF 00010'36" (CHORD 18.89 FEET, BEAIUNG N,08053'38"E.) TO A FOUND 4"X4" CONCRETE MONUMENT; THENCE NON-TANGENT FROM SAID CURVE, N.82015'44ftW., 145.16 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHWEST AND HAVING A RADIUS OF 5,982.52 FEET, SAID POINT BEING A FOUND PK NAIL & DISC L.B. 2610; THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT, 173.68 FEET THROUGH A CENTRAL ANGLE OF 01 "39148t1 (CHORD 173.67 FEET, BEARING N.06054'57"E.) TO A FOUND PI< NAIL & DISC LB. 2610, ALSO BEING TI-IE POINT OF TANGENCY; THENCE N.06005'03tfE., 105.06 FEET TO A FOUND PK NAIL & DISC L.B. 2610, SAID POINT BEING ON THE NORTH BOUNDARY OF THE SOUTH 20,00 FEET OF LOTS 103 AND 56 EXTENDED; THENCE ALONG SAID NORTI--I BOUNDARY, S.83054157"E., 235.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1 ,563 ACRES; MORE OR LESS. Item # 11 Meeting Date:4/2/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt ordinance 7789-07 on second reading to amend Appendix A, Schedule of Fees, Rates and Charges, Section XI, Parks, Beaches, Recreation, as it relates to deleting specific rental fees for parks and recreation facilities. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 12 Attachment number 1 Page 1 of 4 ORDINANCE NO. 7789-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, SECTION XI, PARKS, BEACHES, RECREATION, DELETING CERTAIN ENUMERATED RENTAL FEES FOR PARKS AND RECREATION FACILITIES (CH. 22), PROVIDING THAT SAID FEES BE ESTABLISHED BY THE CITY MANAGER AND SET OUT IN PARKS AND RECREATION DEPARTMENTAL POLICIES, PROVIDING AN EFFECTIVE DATE. WHEREAS, The Clearwater Code of Ordinances currently includes a list of rental fees for Parks and Recreation facilities; and WHEREAS, in 1995 the City Council adopted Resolution 95-31, which in part increased rental fees and authorized the City Manager or designee to establish and adjust rental fees in the future; and WHEREAS, at the time of the adoption of said Resolution, Appendix A, Schedule of Fees, Rates and Charges, Section XI, Parks, Beaches, Recreation, Rental Fees for Parks and Recreation Facilities (Ch. 22), should have been deleted but was inadvertently overlooked with said fees inaccurately stated and remaining in the Appendix; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Appendix A. Schedule of Fees, Rates and Charges, Section XI, Parks, Beaches, Recreation, Clearwater Code of Ordinances, is amended as follows: XI. PARKS, BEACHES, RECREATION: Rental fees for parks and recreation facilities (ch. 22): (1) User groups. There is hereby established the following categories of user groups upon which rental fees will be based for parks and recreation rental facilities, including public buildings, (Martin Luther King Center, City Hall ^nnex, Memorial Civic Center, Sailing Center), recreation buildings, the bandshell, swimming pools and athletic fields: (a) City related group. . . No charge (b) Cosponsored group. . . 1.00 (c) Outside group: 1. Public/civic/church. Hourly charges (Clearwater based only; non- Clearwater based groups treated as private). 2. Private. Basic rental charge, hourly charges, and equipment charges. 3. Commercial. Basic rental charges, hourly charges, equipment charges, and ten percent of gross. (2) Amounts of fees and charges. Rental fees are established and adiusted bv the City ManaQer or his or her desiQnee. A current fee schedule shall be set out in Parks and Recreation departmental policies. There is hereby established the following fees and Ordinance No.l~#l712 Attachment number 1 Page 2 of 4 Use of facilities by nonresidents (ch. 22): (1) Effective June 1, 2005, nonresidents who wish to rent or use city recreation facilities or programs may do so by paying a nonresident fee based on the following formulas which shall be administered by the parks and recreation director: (a) Nonresidents: 2 Ordinance No. ll~-#712 Attachment number 1 Page 3 of 4 Department O&M Budget + indirect overhead - budgeted revenue = Net budget divided by population = subtotal Subtotal + Capital Improvement Program recovery component + Card processing fee = Individual nonresident yearly fee (b) Annual nonresident family fees: Individual nonresident yearly fees x 2.5 = Annual nonresident family fees. (c) Options in lieu of nonresident card purchase: 1. Pay non-card holder rates for tennis, swimming, classes, and/or admissions. (These fees will vary depending upon activity, however in no case will they be less than or equal to card holder rates.) 2. In co-sponsoring programs where leadership is provided by noncityemployees: a. Participants of youth seasonal recreational programs Individual nonresident yearly fee x 40% 3. Participants at lawnbowls, shuffleboard, horseshoe clubs, and three score softball Individual nonresident yearly fee x 40% (2) The criteria which establish the class of city residents for the purpose of the fees above are: (a) Permanent residence within the incorporated boundaries of the city; (b) Ownership of real property within the incorporated boundaries of the city, as evidenced by the official tax rolls maintained by the county; (c) Tourists and guests temporarily residing at properties three months or less, within the incorporated boundaries of the city as evidenced by a motel key or another resident member; or (d) Persons who are employees of the city, their spouses and children who live at home. (3) Nonresidents who wish to rent a city recreation facility must possess a nonresident card or pay a ten percent surcharge for the rental. (4) In programs where rentals are charged, or where enforcement is impractical, or a majority of the facilities used by a program are provided in a municipality other than Clearwater, the nonresident fee is not required. (Res. No. 88-43, SS 2--4, 11-3-88; Res. No. 90-49, SS 1--5, 12-20-90; Res. No. 91-46, S 1, 12- 19-91; Res. No. 91-47, S 1,12-19-91; Res. No. 93-61, S 1,10-18-93; Res. No. 93-71, S 1,11- 29-93; Res. No. 95-31, SS 1--6, 6-1-95; Ord. No. 5887-95, S 1, 8-17-95; Ord. No. 6500-00, S 1, 2-3-00; Ord. No. 6596-00, S 1, 9-7-00; Ord. No. 7194-03, S 1,10-16-03; Ord. No. 7389-05, S 1, 6-2-05) Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED 3 Ordinance No. ll~-#712 Approved as to form: Laura Lipowski Assistant City Attorney Attachment number 1 Page 4 of 4 Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 4 Ordinance No. ll~-#712 Meeting Date:4/2/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7790-07 on second reading to amend the City's fiscal year 2006/07 Operating Budget at First Quarter. SUMMARY: Type: Current Year Budget?: Other Yes Budget Adjustment: Yes Budget Adjustment Comments: Amends budget does not purchase goods or services. Current Year Cost: Not to Exceed: For Fiscal Year: Annual Operating Cost: Total Cost: to Review Approval: 1) Clerk Cover Memo Item # 13 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7790-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2007 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, STORMWATER UTILITY FUND, SOLID WASTE FUND, GAS FUND, MARINE AND AVIATION FUND, PARKING FUND, AND CENTRAL INSURANCE FUND, AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2007, for operating purposes, including debt service, was adopted by Ordinance No. 7674-06; and WHEREAS, at the First Quarter Review it was found that increases and decreases are necessary in the total amount of $12,744,093 for revenues and $7,243,273 for expenditures; and WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked Exhibit A; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 1 of Ordinance No. 7674-06 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2006 and ending September 30, 2007 a copy of which is on file with the City Clerk, the City Council hereby adopts .an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank Hibbard, Mayor Approved as to form: Attest: Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk Item # 13 55 Ordinance No. 7790-07 Meeting Date:4/2/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7791-07 on second reading to amend the City's fiscal year 2006/07 Capital Improvement Budgets at First Quarter. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 14 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7791-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30,2007, TO REFLECT A NET DECREASE OF $2,074,863 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30,2007 was adopted by Ordinance No. 7675-06; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Section 1 of Ordinance No. 7675-06 is amended to read: Pursuant to the First Quarter Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2006 and ending September 30, 2007, a copy of which is on file with the City Clerk, the City Council hereby adopts a First Quarter Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Item # 14 Ordinance #7791-07 58 Meeting Date:4/2/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt on second reading the applicant's request to vacate the 60-foot right-of-way of Florida Avenue lying south of and adjacent to the south right-of-way line of Gulf to Bay Boulevard (State Road 60, a 100 foot right-of-way), and north of the 30.00 foot westerly extension of the south line of said Lot 8, Block "A" and the 30.00 foot easterly extension of the south line of said Lot 7, Block "B"; Suburb Beautiful as more particularly described in the ordinance attached and vacate the 2-foot utility easements lying along the rear of Lots 2, 3, 4, 5, 6 and 8, Block "A", and the rear of Lots 1,2,5 and 7, Block "B" of Suburb Beautiful, (A.K.A. 1771 Gulf to Bay Boulevard), subject to the applicant relocating all existing utilities in the areas to be vacated at the applicant's sole expense and to the satisfaction of the owners of said utilities prior to the effective date of the ordinance, and pass Ordinance 7801-07. SUMMARY: The applicant proposes to consolidate the vacated street portion of Florida A venue together with adjoining properties to develop a new CVS pharmacy/store. Knology, Verizon and Progress Energy have facilities in the areas to be vacated and have no objection to the vacation request provided that the applicant bears cost of relocation of their facilites. The City of Clearwater has water, sanitary sewer and natural gas utilities in the areas to be vacated. In addition to bearing cost of relocation of the facilites, applicant will also need to grant new utility easements for relocated utilites. Public Works Administraiton has no objections to the vacation request provided that the request is granted subject to the relocation of all utilites at the applicant's sole cost and to the satisfaction of the owners of the utilites.. Review Approval: 1) Clerk Cover Memo Item # 15 Attachment number 1 Page 1 of 2 ORDINANCE NO. 7801-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE 60-FOOT RIGHT-OF-WAY OF FLORIDA AVENUE LYING SOUTH OF AND ADJACENT TO THE SOUTH RIGHT-OF-WAY LINE OF GULF TO BAY BOULEVARD (STATE ROAD 60, A 100-FOOT RIGHT-OF- WAY), WEST OF AND ADJACENT TO THE WEST LINE OF LOTS 4, 6, AND 8, BLOCK A OF SUBURB BEAUTIFUL, AND EAST OF AND ADJACENT TO THE EAST LINE OF LOTS 1, 5, AND 7, BLOCK B OF SUBURB BEAUTIFUL, AND NORTH OF THE 30. DO-FOOT WESTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 8, BLOCK A AND THE 30.00-FOOT EASTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 7, BLOCK B; AND VACATE THE 2-FOOT UTILITY EASEMENTS LYING ALONG THE REAR OF LOTS 2, 3, 4, 5, 6 AND 8, BLOCK A, AND THE REAR OF LOTS 1, 2, 5 AND 7, BLOCK B OF SUBURB BEAUTIFUL; PROVIDING AN EFFECTIVE DATE. WHEREAS, Boos Development Group, Inc., Guy D. McMullen Prop. Inc. and Poulos Family Corp., Inc., owners of real property located in the City of Clearwater, have 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: 60-foot right-of-way of Florida Avenue lying south of and adjacent to the south right-of-way line of Gulf to Bay Boulevard (State Road 60, a 1 DO-foot right-of-way), west of and adjacent to the west line of Lots 4, 6, and 8, Block A of Suburb Beautiful, as recorded in Plat Book 13, Page 61, Public Records of Pinellas County, Florida, and east of and adjacent to the east line of Lots 1, 5, and 7, Block B of Suburb Beautiful, and north of the 30.00-foot westerly extension of the south line of said Lot 8, Block A and the 30.00-foot easterly extension of the south line of said Lot 7, Block B; and vacate the 2-foot utility easements lying along the rear of Lots 2, 3, 4, 5, 6 and 8, Block A, and the rear of Lots 1, 2, 5 and 7, Block B of Suburb Beautiful. 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. Ordinance No.l~ #1715 Attachment number 1 Page 2 of 2 Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance is contingent upon the applicant relocating all existing utilities in the areas to be vacated at the applicant's sole expense and to the satisfaction of the owners of said utilities and will be effective upon such relocation. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Carlos F. Col6n Assistant City Attorney Cynthia E. Goudeau City Clerk 2 Ordinance NoI.tem1#J1I5 Attachment number 2 Page 1 of 1 GULF- TO-BA Y BL VD 1 1 I I 1 1 1 I I 1 ~ 1 4 (/)1 4 3 2 1 1 3 ?::\ q: 2' Utiliti7 !Easemen ~ ~ ':it :c: IT' UJ I 0 Typ. ;0 :x: Easement 0 a. 6 5 6 2' Utilities Easement 8 7 7 9 10 9 12 11 14 u~ ~- - - - 18 I 1 -:- - f/f It\ ~"'17 1 -'- 15 N W 4~E ~~ S Ordinance 7801-07 12 11 ~ q: q: 9 a:: o ~ 14 13 16 18 City of Clearwater Public Works Administration / Engineering Vacate Florida Ave. from South R.O.w. line of Gulf-to-Bay Blvd. to a line extended between the South property line of Lot 7, Blk. B and the South property line of Lot 8 Blk. A, Suburb Beautiful. Vacate 2-foot utility easements lying along the rear property lines of Lots 2,3,4,5,6 and 8 Blk. "A", and Lots 1,2,5 and 7, Blk. B, Suburb Beautiful. Drawn By: S.K. 2978 S.D. Scale: NTS. Reviewed By: S-T-R 14-29s-15e Date: 02/13/07 DWG.NO VAC 2007-02 Grid # Item # 15 Attachment number 3 Page 1 of 1 CLEVELAND W 0 W > 0::: ~ <( W W > ~ <( W Z (f) 0 ~ <( <( z z 0::: <( 0::: Z 0::: 0 ::J I- <( 0 W 0::: (f) 0 0::: I- 0::: W 0::: I- ::J 0::: 0 0 0 :2: 0 z 0:: ::J I- <( 0 0::: W 0 0::: ST 0 ::J <( :2: STAR <( I- 0 ::J --, (f) W WD <( ~ :2: W z W (f) W ::J RAINBOW DR ::,c z W > (f) ::J (f) <( <9 W 0... GULF TO BAY BLVD. <( <( --l 0::: (f) 0 0 W ~ W :2: W ~ oc. ~ W ::J ~ 0 Z > --l <9 <( 0... 0 0::: :> Q) TURNER ST .i{ ~ <( PINE ST Q) LU (f) Z 0 00' 0 <( W W Z --' U) 0::: > 0::: <( 0 0 <( ~ ::J I 0 0::: --l 0 I- 0... --l ::,c >- 0 0 LL 0::: 1iJ OC 0::: <( .<= CO <( 0... (f) DRUID RD ~DW 0::: W c > W ~ <( ~ 0 ~ 0> \1D~ 0::: 0 0 0 0::: 0::: ~ 0 0::: W <( 0 CO D~D~ z W 0... (f) RIPON JEFFORDS N City of Clearwater wAZLE Public Works Administration / Engineering ~~ Vacate Florida Ave. from South R.O. W. line of Gulf-to-Bay Blvd. to a line extended between S the South property line of Lot 7, Blk. B and the South property line of Lot 8 Blk. A, Suburb Beautiful. Vacate 2-foot utility easements lying along the rear property lines of Lots 2,3,4,5,6 and 8 Blk. "A", and Lots 1,2,5 and 7, Blk. B, Suburb Beautiful. Ordinance 7801-07 Drawn By: S.K. Reviewed By: S.D. Scale: N.T.S. DWG. NO V AC 2007-02 Grid # 2978 S-T-R 14-29s-15e Date: 1~9tOf5 Meeting Date:4/2/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Pass Ordinance 7803-07 on first reading, amending Ordinance 6779-01 as amended by Ordinance 7350-04, as amended by Ordinance 7400-05, and as amended by Ordinance 7599-06 vacating the 60 foot right of way of Third Street AKA Third Avenue bounded on the east by the westerly right of way line of Coronado Drive and bounded on the west by the easterly right of way line of South Gulfview Boulevard subject to special conditions, amending the special conditions to delete the requirement for a lO-foot public access easement for pedestrian access from Coronado Drive to the new alignment of Gulf View Boulevard. SUMMARY: In Ordinance 6779-01, the City Council granted the vacation requested by Seashell Resort LLC of the above right of way subject to special conditions. In Ordinance 7350-04 the conditions described in Ordinance 6779-01 were amended. The current owners Crystal Beach Capital LLC requested an amendment to the conditions that changed the required commencement of construction to March 6, 2006, rather than one year from the effective date of Ordinance 7350-04 which amendment was made by Ordinance 7400-05. Ordinance No 7599-06 changed the required commencement of construction to December 31,2006, rather than March 6,2006. On October 28,2005, the City entered into a settlement agreement in the case of Anne Garris and Suzanne Boschen v. City of Clearwater and Beachwalk Resort. This agreement provided that the Developer shall provide a public pedestrian access easement 10 feet wide within the northern most bay of the Project extending from Coronado to Gulf View Boulevard, and that the easement shall remain in place until Second Street is open. On February 1,2006, the Council approved the First Amendment to the Second Amended and Restated Development Agreement between the City of Clearwater and Crystal Beach Capital, LLC. This amendment contained the easement language that was agreed to in the settlement agreement. Crystal Beach Capital, LLC, is requesting that the special condition requiring them to dedicate a lO-foot public access easement to provide pedestrian access from Coronado Drive to the new alignment of Gulf View Boulevard be deleted in accordance with the provisions of the settlement agreement and the First Amendment to the Second Amended and Restated Development Agreement. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 16 Attachment number 1 Page 1 of 2 ORDINANCE NO. 7803-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING ORDINANCE 6779-01, AS AMENDED BY ORDINANCE 7350-04 AND AS AMENDED BY ORDINANCE 7400-05 AND AS AMENDED BY ORDINANCE 7599-06, VACATING THE 60 FOOT RIGHT-OF-WAY OF THIRD STREET, (AKA THIRD AVENUE), BOUNDED ON THE EAST BY THE WESTERLY RIGHT-OF-WAY LINE OF CORONADO DRIVE AND BOUNDED ON THE WEST BY THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH GULFVIEW BOULEVARD: SUBJECT TO SPECIAL CONDITIONS; AMENDING THE SPECIAL CONDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, in Ordinance No. 6779-01, the City Council granted the vacation requested by Seashell Resort, LLC of the right of way depicted in Exhibit A attached hereto, subject to special conditions which conditions have not been met; and WHEREAS, in Ordinance 7350-04, the conditions described in Ordinance 6779-01 were amended; and WHEREAS, in Ordinance 7400-05, the conditions described in Ordinance 6779-01 were amended; and WHEREAS, in Ordinance 7599-06, the conditions described in Ordinance 6779-01 were amended; and WHEREAS, the current owners, Crystal Beach Capital, LLC are requesting further amendments to the conditions described in Ordinance 6779-01; and WHEREAS, the City Council finds that it is in the best interest of the City and the general public that the same be vacated subject to amended conditions; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Section 1. of Ordinance 6779-01, vacating the 60 foot right of way of Third Street (AKA Third Avenue), bounded by the East by the Westerly Right of Way line of Coronado Drive and bounded on the West by the Easterly Right of Way line of South Gulfview Boulevard; subject to special conditions, as amended by Ordinance 7350-04, and as amended by Ordinance 7400-05, and as amended by Ordinance 7599-06 is hereby amended to read as follows: Section 1. The following: 60 foot right-of-way of Third Street, (AKA Third Avenue), bounded on the east by the westerly right-of-way line of Coronado Drive and bounded on the west by the easterly right-of-way line of Gulf View Boulevard, closed and released and the City of Clearwater releases all of its right, title and interest thereto, contingent upon the following conditions: Ordinance Nolttaro#J716 Attachment number 1 Page 2 of 2 1. Developer shall commence construction of the Project as described in the Second Amended and Restated Development Agreement between the City of Clearwater and Beachwalk Resort, LLC by December 31, 2006. Upon satisfaction of this condition, Developer shall prepare and submit to the City a certificate of satisfaction of this condition that shall be executed by the City and returned to the Developer, who shall record the certificate in the Public Records of Pinellas County, Florida. The recording of such certificate shall conclusively confirm that this condition has been timely satisfied. The date for commencement of construction may be extended for unavoidable delay as provided in the Development Agreement. 2. Easements shall be dedicated to provide adequate access to all relocated utilities. 3. All public and private utilities shall be relocated by Clearwater Seashell Resort, L.C. at its own expense and to the approval and acceptance of the utility owners with all out of service utilities removed prior to completion of said project. '1. A 10 foot public access easement shall be dedicated to provide pedestrian access from Coronado Drive to the new alignment of Gulf View Boulevard. 4. ~ This vacation ordinance shall be rendered null and void if any of the preceding conditions are not met. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Ordinance Nolttaro#J716 Meeting Date:4/2/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Pass Ordinance 7804-07 on first reading, amending Ordinance 6780-01 as amended by Ordinance 7351-04, as amended by Ordinance 7401-05, and as amended by Ordinance 7600-06, which vacated the east 35 feet of the 70 foot right of way of Gulfview Blvd bounded on the north by the westerly extension of a line parallel to and 20 feet north of the northerly lot line of Lots 57 and 104 of L1 oyd White Skinner subdivision as recorded in Plat Book 13 page 12 of the Public Records of Pinellas County Florida and bounded on the south by the westerly extension of the south lot line of Lot 59 of said Lloyd White Skinner subdivision subject to special conditions, amending the special conditions to delete the requirement for a lO-foot public access easement to provide pedestrian access from Coronado Drive to the new alignment of Gulf View Boulevard. SUMMARY: In Ordinance 6780-01, the City Council granted the vacation requested by Seashell Resort LLC of the above described right of way subject to special conditions which have not been met. In Ordinance 7351-04 the conditions described in Ordinance 6780-01 were amended. The current owners, Crystal Beach Capital, LLC, requested an amendment to the conditions that changed the required commencement of construction to March 6, 2006, rather than one year from the effective date of Ordinance 7351-04 which amendments were made in Ordinance 7401-05. Ordinance 7600-06 changed the required commencement of construction from March 6,2006, to December 31, 2006. On October 28,2005, the City entered into a settlement agreement in the case of Anne Garris and Suzanne Boschen v. City of Clearwater and Beachwalk Resort. This agreement provided that the Developer shall provide a public pedestrian access easement 10 feet wide within the northern most bay of the Project extending from Coronado to Gulf View Boulevard, and that the easement shall remain in place until Second Street is open. On February 1,2006, the Council approved the First Amendment to the Second Amended and Restated Development Agreement between the City of Clearwater and Crystal Beach Capital, LLC. This amendment contained the easement language that was agreed to in the settlement agreement. Crystal Beach Capital, LLC, is requesting that the special condition requiring them to dedicate a lO-foot public access easement to provide pedestrian access from Coronado Drive to the new alignment of Gulf View Boulevard be deleted in accordance with the provisions of the settlement agreement and the First Amendment to the Second Amended and Restated Development Agreement. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 17 Attachment number 1 Page 1 of 3 ORDINANCE NO. 7804-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING ORDINANCE 6780-01, AS AMENDED BY ORDINANCE 7351-04, AND AS AMENDED BY ORDINANCE 7401-05, AND AS AMENDED BY ORDINANCE 7600-06, WHICH VACATED THE EAST 35 FEET OF THE 70 FOOT RIGHT-OF-WAY OF GULF VIEW BOULEVARD, BOUNDED ON THE NORTH BY THE WESTERLY EXTENSION OF A LINE PARALLEL TO AND 20 FEET NORTH OF THE NORTHERLY LOT LINE OF LOTS 57 AND 104 OF LLOYD-WHITE-SKINNER SUBDIVISION, AS RECORDED IN PLAT BOOK 13, PAGE 12 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND BOUNDED ON THE SOUTH BY THE WESTERLY EXTENSION OF THE SOUTH LOT LINE OF LOT 59, OF SAID LLOYD-WHITE-SKINNER SUBDIVISION, (AKA THE SOUTH LOT LINE OF THE BEACH PLACE MOTEL CONDO, PLAT BOOK 65, PAGE 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA), SUBJECT TO SPECIAL CONDITIONS; AMENDING THE SPECIAL CONDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, in Ordinance No. 6780-01, the Council granted the vacation requested by Seashell Resort, LLC of the right of way depicted in Exhibit A attached hereto, subject to special conditions which have not been met; and WHEREAS, in Ordinance 7351-04, the conditions described in Ordinance 6780-01 were amended; and WHEREAS, in Ordinance 7401-05, the conditions described in Ordinance 6780-01 were amended; and WHEREAS, in Ordinance 7600-06, the conditions described in Ordinance 6780- 01 were amended; and WHEREAS, the current owners, Crystal Beach Capital, LLC, are requesting amendments to the special conditions; and WHEREAS, the City Council finds that it is in the best interest of the City and the general public that the same be vacated subject to amended conditions; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Ordinance No.l~#l717 Attachment number 1 Page 2 of 3 Section 1. That Section 1. of Ordinance 6780-01, vacating the East 35 feet of the 70 foot right-of-way of Gulf View Boulevard, bounded by the north by the westerly extension of a line parallel to and 20 feet north of the northerly lot line of Lots 57 and 104 of L1oyd-White-Skinner Subdivision, as recorded in Plat Book 13, page 12 of the Public Records of Pinellas County, Florida and bounded on the south by the westerly extension of the south lot line of Lot 59, of said L1oyd-White-Skinner Subdivision (AKA the south lot line of The Beach Place Motel Condo, Plat Book Book 65, Page 13, of the Public Records of Pinellas County, Florida), subject to special conditions, as amended by Ordinance 7351-04, and as amended by Ordinance 7401-05, is hereby amended to read as follows: Section 1. The following: East 35 feet of the 70 foot right-of-way of Gulf View Boulevard, bounded on the north by the westerly extension of a line parallel to and 20 feet north of the northerly lot line of Lots 57 and 104 of L1oyd-White-Skinner Subdivision, as recorded in Plat Book 13, page 12 of the Public Records of Pinellas County, Florida and bounded on the south by the westerly extension of the south lot line of Lot 59, of said L1oyd-White-Skinner Subdivision (AKA the south lot line of The Beach Place Motel Condo, Plat Book 65, Page 13, of the Public Records of Pinellas County, Florida), closed and released and the City of Clearwater releases all of its right, title and interest thereto, contingent upon the following conditions: 1. Developer shall commence construction of the Project as described in the Second Amended and Restated Development Agreement between the City of Clearwater and Beachwalk Resort, LLC by December 31, 2006. Upon satisfaction of this condition, Developer shall prepare and submit to the City a certificate of satisfaction of this condition that shall be executed by the City and returned to the Developer, who shall record the certificate in the Public Records of Pinellas County, Florida. The recording of such certificate shall conclusively confirm that this condition has been timely satisfied. For purposes of this ordinance, commencement of construction shall mean Developer obtaining a foundation permit from the City of Clearwater and commencement of construction of the foundation in accordance with said permit. The date for commencement of construction may be extended for unavoidable delay as provided in the Development Agreement. 2. The public vehicular and pedestrian use of the subject right- of-way shall be maintained until such time as a suitable paved roadway is constructed to the west of the subject right-of-way to accommodate two lanes of two way traffic capacity. 3. Easements shall be dedicated to provide adequate access to all relocated utilities. Ordinance No.l~#l717 Attachment number 1 Page 3 of 3 4. All public and private utilities shall be relocated by Beachwalk Resort, LLC to the approval and acceptance of the utility owners with all out of service utilities removed prior to completion of said project. 5. This vacation ordinance shall be rendered null and void if any of the preceding conditions are not met. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Ordinance No.l~#l717 Meeting Date:4/2/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt on second reading Ordinance #7819-07, Clearwater Code of Ordinances, which amends Appendix A, Article VIII, Clearwater Code of Ordinances, to add a revised schedule of fees for Fire and Life Safety Inspections and to clarify the effective date of Subsections (1 )-(14). SUMMARY: Type: Current Year Budget?: Other None Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Annual Operating Cost: Total Cost: to Review Approval: 1) Clerk Cover Memo Item # 18 Attachment number 1 Page 1 of 3 ORDINANCE NO. 7819-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO FIRE AND LIFE SAFETY INSPECTION FEES; AMENDING THE SCHEDULE OF FEES FOR FIRE AND LIFE SAFETY INSPECTIONS IN APPENDIX A, ARTICLE VIII, CLEARWATER CODE OF ORDINANCES, PARTICULARLY THOSE FEES IN SECTIONS (2), (3), (4), AND (9); CLARIFYING THE EFFECTIVE DATE OF SUBSECTIONS (1)-(14) OF ARTICLE VIII; PROVIDING AN EFFECTIVE DATE. WHEREAS, Clearwater Fire & Rescue is charged with providing fire protection and rescue services to a certain portion of Pinellas County, Florida; and WHEREAS, Section 633.025, Florida Statutes (2006) requires a municipality, county, or special district with fire safety responsibilities to adopt and enforce minimum fire safety standards; and WHEREAS, Section 633.081, Florida Statutes (2006) allows the governing body of a municipality, county, or special district with fire safety enforcement responsibilities to provide a schedule of fees to pay the cost of inspections and related administrative expenses; and WHEREAS, a new schedule of fire and life safety inspection fees was adopted on January 31, 2007; however, a Scribner's error was discovered relating to the fees contained in Sections (2), (3), (4), and (9) of Appendix A, Article VIII, Clearwater Code of Ordinances; and WHEREAS, the City Council finds that the fees imposed herein are reasonably related to the expenses of the City in providing these services; and WHEREAS, the City Council finds that the fees imposed in Subsections (1 )-(14) of Appendix A, Article VIII, should be applied only to those projects for which a building permit application has been submitted subsequent to April 4, 2007; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Appendix A, Article VIII, Clearwater Code of Ordinance, is hereby amended as follows: Ordinance No. 1~#l718 VIII. Fire and Life Safety Inspection Fees: (1) Preliminary Site Plans.............................................. $200.00 each~ (2) New Construction/Renovations Plan Review.......... $0.04 $Q.A2 per sq. ft. d - - (3) 3~ Plan Review........................................................ $1 00.00 plus $0.04 $Q.A2 per sq. ft. (4) Fire Protection Sprinkler Systems (All) .................... $0.04 ~ per sq~ ft. (5) Underground Fire Line ............................................. $1 00.00 each (6) Armovers or Add Head to Existing Sprinkled Spaces ........................................ $1.00 per head, $50.00 minimum (7) Standpipe Systems.................................................. $1 00.00 each (8) Fire Pump ................................................................$250.00 each for [Review, l~nspection, and acceptance test (9) Fire Alarm and Detection Systems (All) ................... $0.04 $Q.A4 per sq~ ft~, $50.00 per panel (10) Pre-engineered Fire Suppression Fixed Systems (All) or Hood Systems (All) ...................................... $75.00 (11) Change of Occupancy Inspection............................. $50.00 1.11lfi2} Renovation Inspection........................................ $50.00 M~ Hotwork: Commercial Roofing, Welding, Cutting, Thermite Welding, Braising, Soldering, Grinding Thermal Spraying ...................................................... $1 00.00 (14) Flammable/Combustible ........................................... $50.00 (15) Liquid Storage ........................................................... $50.00 (16) Tanks/Container /Ireas ............................................. $50.00 (17) Tank Remo'JaI.................................. .......................... $60.00 (18) LP storage Cylinders .................................................$50.00 (19) Fireworks Display...................................................... $150.00 (20) Tent permit and Inspection ........................................ $150.00. @~ Certificate of Occupancy Inspection................... $50.00 1.1..1l~ Red Tag Fee (failed permit inspection) .............. $50.00 (15) ChanGe of Occupancy Inspection.............................. $50.00 (16) Flammable/Combustible Liquids StoraGe.................. $50.00 (17) Tank Removal or Tank Installation............................ $60.00 each (18) LP StoraGe Cylinders ................................................. $50.00 (19) Fireworks Display...................................................... $150.00 (20) Tent permit and Inspection ........................................ $150.00 @~ ALF's .................................................................. $50.00 per floor (22){24} Nursing Homes................................................... $50.00 per floor (23)~ Hospitals............................................................. $50.00 per floor (24){2G} Group Homes ..................................................... $50.00 per floor (25)~ Foster Homes ..................................................... $50.00 per floor (26)~ Disaster Plan Review......................................... $50.00 each per floor (27)~ Daycare .............................................................. $50.00 per floor (28)fWj Occupational License Inspection........................ $50.00 (29)~ Periodic Inspection ............................................. No Charge (30)~ Follow-up Re-inspection ..................................... No Charge .Q1l~ 1st Re-inspection less than 80,000 sq. ft ............ $50.00 (32)~ Subsequent Re-inspection less than 80,000 sq. ft. $100.00 (33)~ Re-inspection over 80,000 sq. ft......................... $1 00.00 fM)~ Subsequent Re-inspection over 80,000 sq. ft .... $200.00 (35)~ Licensure of Facilities Inspection ....................... $50.00 (36)~ Fire Watch .......................................................... $43.00 (per person per hour) (37)~ Fire Watch Apparatus Usage ............................. $150.00 (per apparatus per hour) Attachment number 1 Page 2 of 3 2 Ordinance No. ll8Jffl-#718 Attachment number 1 Page 3 of 3 Subsections (1 )-(14) shall apply only to a project for which a buildinq permit application has been submitted subsequent to April 4,2007. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Robert J. Surette Assistant City Attorney Cynthia E. Goudeau City Clerk 3 Ordinance No. ll8Jffl-#718 Meeting Date:4/2/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Clearwater Marine Aquarium Requests to Fly City Flag SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 19 SUBJECT / RECOMMENDATION: Landscaping on Memorial Causeway SUMMARY: Meeting Date:4/2/2007 Work Session Council Chambers - City Hall Review Approval: 1) Clerk Cover Memo Item # 20 Meeting Date:4/2/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting schedule for the remainder of 2007 and January 2008. SUMMARY: In order to give plenty of notice to the public and for staff planning purposes the Council is requested to provide direction regarding the meeting schedule for the remainder of 2007 and January 2008. Known conflicts include: Florida League of Cities Annual Conference - August 16 - 18,2007 Marriot World Center, Orlando Jazz Holiday Opening Day - October 18,2007 Currently there is one work session and one meeting in July, July 16 and 19. There will be no need to hold a special meeting to establish the TRIM millage rate as that is not due to the County until July 24. At least one budget work shop will be needed prior to the City Manager releasing the budget June 30. Depending on what the State legislature does re Property Tax Reform, multiple budget work shops could be needed between the setting of the TRIM rate and Budget adoption on September 20. Review Approval: 1) Clerk Cover Memo Item # 21 SUBJECT / RECOMMENDATION: Other Council Action SUMMARY: Meeting Date:4/2/2007 Work Session Council Chambers - City Hall Review Approval: 1) Clerk Cover Memo Item # 22 Meeting Date:4/2/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Farewell to Councilmembers Jonson and Johnson SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 23 Meeting Date:4/2/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Administer Oath of Office to newly elected councilmembers SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 24 Meeting Date:4/2/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Proclamation: Water Conservation Month SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 25 Meeting Date:4/2/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Proclamation: Fair Housing Month - Michael Holmes, Economic Dev. & Housing SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 26 Meeting Date:4/2/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Proclamation: Celebrate Clearwater Neighborhoods Week 2007 SUMMARY: Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) Clerk Cover Memo Item # 27 Meeting Date:4/2/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Budget Task Force Report SUMMARY: The City of Clearwater Budget Task Force was created and appointed by the City Council in November of 2006. The responsibility of the Budget Task Force is to advise the City Council, from a citizen's perspective, on how to reduce future City budgets, and provide recommendations based upon given objectives, using the framework of the City's mission statement "to provide cost effective municipal services and infrastructure necessary for a high quality of life for all our citizens" as a guide. Type: Current Year Budget?: Other Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Annual Operating Cost: Total Cost: to Review Approval: 1) Clerk Cover Memo Item # 28 Attachment number 1 Page 1 of 13 CITY of CLEARW A TER BUDGET TASK FORCE REPORT March 2007 Members R Nathan Hightower, Chair Herbert W. McLachlan, Vice Chair Martin L. Altner Joseph W. Evich Isay M. Gulley Robert L. Longenecker Joyce E. Martin Charles J. Rutz Jesse Sherman James E. Strickland Douglas J. Williams Item # 28 Attachment number 1 Page 2 of 13 TABLE OF CONTENTS Executive Summary.............................................................................................................3 Introduction, Mission, Scope, and Objectives .....................................................................7 Budget Task Force Review .................................................................................................9 Special Recognition .......................................................................................................... .13 2 Item # 28 Attachment number 1 Page 3 of 13 EXECUTIVE SUMMARY Based upon the guidelines provided to the Budget Task Force by the City Council, the following recommendations of the Budget Task Force are provided in priority order. The Budget Task Force recommends to the City Council that: 1) The City Council consider a self- imposed cap on annual General Fund budgeted expenditures to the CPI plus 1 %. 2) The City maintain its existing structures, refurbishing or replacing them as necessary, which could lower maintenance and insurance costs and that the City limit growth of additional facilities and parks so that no additional FTE's are needed. Specifically, the Budget Task Force recommends that the proposed Senior Center facility not be constructed, instead using existing facilities for senior activities. 3) The City control the cost of employee benefits by: a. Limit increases to the 3% level of revenue increases (based on the Save Our Homes cap); b. Freeze or cap the City's contribution to health Insurance and considering a co-pay program; c. Reevaluate union contract provisions; d. Evaluate the vacation/sick day policy and consider a PTO concept with a disability rider; e. Consider an employee buyout program for retirement eligible employees; f. Evaluate pension alternatives such as replacing the defined benefit plan with a defined contribution plan; g. Emphasize subcontracting by considering liability factors when evaluating costs. 3 Item # 28 Attachment number 1 Page 4 of 13 4) The City budget for 2008 utilize a minimum of $6 million from the available $15 million pension plan "set aside" credit to assist in the funding the Pension Plan contribution for that year. We further recommend that the $1.5 million no longer required to fund the "special" fireman's pension fund also be used to fund a portion of the required 2008 pension contribution. 5) Regarding property insurance that the City consider eliminating or reducing its wind coverage, using reserves in the Central Insurance Fund to increase self insurance limits; and pursing pooling concepts with other municipalities. 6) The City eliminate a freestanding beach library by consolidating it with the beach recreation center or closing it, if consolidation is impractical, with patrons urged to use the Main library. 7) Take home vehicles be limited to Pinellas County for all staff and that City vehicles are tools that allow employees to do their tasks and should not be used as employee perks. 8) As the Task Force Police fleet evaluation (see attached exhibit A) reflects a potential savings of 25%, the Budget Task Force recommends a detailed utilization study be performed on the City's fleets to identify and eliminate excess vehicles, with a special emphasis on the elimination of take-home vehicles. 9) The City prohibit using reserves for FTE costs. 10) The City discontinue the practice of transferring FTE's from Enterprise Funds to the General Fund. 4 Item # 28 Attachment number 1 Page 5 of 13 11) It appears that the ratio of Fire Chiefs to the number of firefighters is inconsistent with surrounding municipalities to the degree that it merits an in-depth review by management. Consistent with this review an examination of the management to staff ratios in all major departments should be conducted. 12) The City consolidate all public communications in all departments into one department, with the goal of reducing FTE' s and consolidating efforts. 13) The Parks and Recreation budget be cut by approximately 5% with specific cuts to include, but not be limited to: a. Reduction of contracted grounds maintenance ........................$100,000 b. Eliminate Systems Analyst .........................................................$49,000 c. Eliminate Administrative Analyst............................................. ..$51,000 d. MLNP - elimination of Programmer I; loss of Pin ell as County School support ..........................$30,000 e. Eliminate 2 FTE; move remaining FTE to Carpenter Team............................................................... $60,000 f. Eliminate Public Information Coordinator and rely on Public Communications to do PR.....................$I13,OOO Total $403.000 14) The City Fire Department institute a firefighter volunteer service program in selected fire stations to evaluate the potential effectiveness of the program and the station that successfully implements this program and has demonstrated one full-time firefighter position completely staffed by the volunteer program be allowed to add one paid firefighter FTE to the station when additional personnel are needed. 5 Item # 28 Attachment number 1 Page 6 of 13 15) The Fire Plans Examiner position be eliminated. 16) The City review and evaluate annual contribution programs (i.e. subsidies and/or contributions to Ruth Eckerd Hall, Harborview, Long Center, and Bright House) on an annual basis. 6 Item # 28 Attachment number 1 Page 7 of 13 INTRODUCTION The City of Clearwater Budget Task Force Committee was created and appointed by the City Council in November of 2006. This was a result of citizen concerns voiced at public meetings on the 2006/07 proposed budget as to rising property taxes, specifically as a result of escalating property values for business owners and non-homesteaded properties. The City Council identified the mission, scope, and objectives of the Task Force as outlined below. MISSION Establish an energetic group of citizens to advise the City Council, from a citizen's perspective, on how to reduce future City budgets, and provide recommendations based upon gIven objectives, usmg the framework of the City's mIssIOn statement "to provide cost effective municipal servIces and infrastructure necessary for a high quality of life for all our citizens" as a guide. SCOPE The area of focus will be limited to the General Fund budget, to include a general review and understanding of the following budget components and departmental budgets: . Employee pension plan . Pay plans and collective bargaining agreements . Health insurance benefits . Property/Liability Insurance . Public Safety Program Budgets o Police o Fire 7 Item # 28 Attachment number 1 Page 8 of 13 . Quality of Life Program Budgets o Parks and Recreation o Library . General review of comparative service levels of neighboring communities and like-size Florida communities. . Impact of possible State legislative actions as to how these actions could impact the City's budget and what that might mean to a City taxpayer. OBJECTIVES Provide a means for citizens from a variety of age groups and geographic areas within the City to come together to study the specific issues outlined in the scope and provide educated recommendations to the Council in the following areas: . Identify non-essential services . Provide recommendations in priority order as to specific budgeted programs or proj ects that the Council should look at for reduction or elimination. 8 Item # 28 Attachment number 1 Page 9 of 13 BUDGET TASK FORCE REVIEW The Budget Task Force began their review of the City's General Fund Budget on December 4, 2006. Based upon the guidance of the City Council, the Task Force has reviewed, in depth, the four major operating budget of the City of Clearwater's General Fund. This list includes the Police, Fire, Parks and Recreation, and Library budgets, representing $87 million, or approximately 72% of the City's total 2006/07 General Fund budget. In order to accomplish their task, the eleven members of the Budget Task Force met for two hours a week over a period of more than three months. Employee salaries and benefits represent more than 67% of the General Fund budget, so early in the process, the Human Resource Director reviewed the policies and procedures regarding the City's pay plans and union contracts with the Budget Task Force. Policies for the implementation of overtime and the related budget impacts were also discussed. Additionally, all three union presidents were invited to attend one of the sessions and respond to specific questions from the Task Force. The presidents of the Fire and CW A unions attended the meetings on January 16th and January 22nd and answered questions. The budget impacts of employee benefit plans and the methodology behind the budgeting of these benefits were discussed with the Task Force at length. The City's Finance Director and Human Resources Director reviewed the City's retirement programs including the City's pension plan, supplemental pension plans, 401(a), and social security with the Task Force. The City's cost for employee health insurance, life insurance plans, and paid leave policies were also reviewed and discussed. During the 9 Item # 28 Attachment number 1 Page 10 of 13 course of this review, staff responded to questions involving employee turnover in the Police and Fire Departments. The City's Risk Manager provided information to the Task Force presenting the City's procedures for purchasing and budgeting for property and liability insurance coverage, and budgeting for worker's compensation. The State insurance crisis, budget impacts, and appropriate levels of City insurance coverage were discussed extensively. Staff provided information to the Task Force regarding the internal service operations of the City, and how the budgets of these operations impact the General Fund. Presentations were provided from the Information Technology Services Director and the Solid Waste/General Services Director reviewing the City's costs and staffing policies regarding support for the City's computer systems and database operations, network operations, telecommunications technology, building and maintenance processes for the City's infrastructure, procedures for purchasing and leasing City vehicles, and the City's radio communication program. Billing methods were reviewed as to the distribution of costs to the City Departments and the relative impact on the General Fund. The Task Force asked about outsourcing of specific services and each of the departments showed several examples of how the staff evaluates and decides on what to outsource. The amount and type of services and programs the City out-sources was discussed. The Budget Task Force also held individual sessions with the specific Departments requested by the Council. Both Department and detailed program budgets were provided to the Task Force for the Police, Fire, Library, and Parks and Recreation departments. In addition, historical operational budgets were presented for a ten-year 10 Item # 28 Attachment number 1 Page 11 of 13 period, and comparison CPI data was also provided. The Task Force was also provided a history of full-time equivalent positions for a ten-year period. The City's Library Director, Barbara Pickell, reviewed the history of the City's library system. Her presentation to the Task Force included a review of the Library's operating budget, statistics regarding usage and circulation at each of the branches, hours of operation, and the budgeted expenses for the City's five branches. The impact of tourists on the library was discussed as well as the City's relationship with and funding received from the Pinellas Library Cooperative. Police Chief, Sid Klein, reviewed his operational budget with the Budget Task Force. He provided information regarding the staffing level of sworn and non-sworn personnel. All civilian support functions were discussed with the Task Force. The history of Police department full-time equivalent positions was discussed in detail. The Chief reviewed the impact of personnel costs on his budget, as well as a general review of all other operational costs. The City's relationship with the Pinellas County Sheriffs Department and other state and federal agencies was discussed as well as the outsourcing of specific services to the Sheriff s Office. Take home vehicles and volunteer hours were discussed with the Task Force. In addition, detailed costs of equipping and maintaining Police vehicles were provided to the Task Force. Fire Chief, Jamie Geer, provided the Budget Task Force with an overview of his Department's budget. Station locations were provided. Staffing levels for uniformed vs. civilian staff were provided and discussed as well as statistics for calls for service. The duty schedule for a firefighter was reviewed as well as the impact of overtime on the Fire 11 Item # 28 Attachment number 1 Page 12 of 13 Department budget. The Fire Chief provided information on the City's contract with Pinellas County for the provision of EMS and fire services. Parks and Recreation Director, Kevin Dunbar, discussed the responsibilities of the Parks and Recreation Department with the Budget Task Force. This included a review of the Department's "strategic partners" in the community, parks maintenance responsibilities, specialized programs, department revenues, volunteer hours, and outside contracts. The Task Force also discussed the budget impacts of new and/or expanded facilities funded by Penny for Pinellas and some of the City's major recreation facilities. Mr. Dunbar went into great detail explaining the philosophical change in the department toward generating revenue based on user fees over the past seven years and showed that revenue has increased approximately four fold. The Budget Task Force spent several hours during the course of their review with the City Council sharing information and voicing concerns on numerous subjects including, but not limited to, employee pension, salaries, health insurance, City insurance, staffing, construction of new facilities, take home vehicles, and inequities in taxes. With the consideration of all issues above, the Budget Task Force spent several meetings reviewing all information provided and prepared this final report and formal recommendations to the City Council. 12 Item # 28 Attachment number 1 Page 13 of 13 SPECIAL RECOGNITION The Budget Task Force expresses its sincere appreciation to Tina G. Wilson, CPA and City Budget Director, and Margaret L. Simmons, CPA and Finance Director, for the many dedicated hours they endured with the Budget Task Force to educate, advise and assist during this three-month process. They are true professionals and sincere directors of our City. We would also like to recognize Pat Sullivan, Board Reporter, for her dedication, promptness and accuracy in recording the committee's weekly discussions. We would also like to thank the City Council, City Manager, and staff, for their interest, leadership, and desire to seek taxpayer input into the budgetary process for the City. 13 Item # 28 Attachment number 2 Page 1 of 10 CLEARWATER BUDGET REVIEW ANAL YSIS OF POLICE DEPARTMENTS VEHICLE The following comments, thoughts and suggestions are based on the presentation by Chief Klein and the follow up data requested and supplied after the presentation. SUBJECT: Take Home Vehicles Based on the presentation information, there seemed to be some discrepancies on the economic reasons for having "take home" marked police patrol vehicles. The information reported that there are 156 total marked police cars of which 30 are "take home" vehicles because the officer lives in the city. If there are 156 marked police cars and 30 are "take home" cars, 126 cars are what are called "hot seat" cars. The presentation reported that the 126 marked "hot seat" cars are replaced on average every four years. The 30 marked "take home "cars are replaced every 8-9 years. The longer replacement cycles of the "take home" cars were indicated because they are better cared for because of having the same driver. Additionally it was stated that the city replace 15-20 marked vehicles per year. Using the above information, if the 30 marked "take home" car are replaced ever 9 years, the city would be on average replacing (30 divide by 9) 3.3 "take home" cars per year. Additionally, if the 126 marked "hot seat" cars are replaced on average ever four years, the city would be on average replacing (126 divided by 4) 31.5 "hot seat cars" per year. Analyzing the above submitted presentation information; the city would need to be replacing (31.5 + 3.3 =34.8) 35 cars per year or 75% more than the contradicting amount presented of 15-20 per year. 1 Item # 28 Attachment number 2 Page 2 of 10 The supplementary data supplied at subsequent meetings actually showed that the city has replaced 139 cars in the last seven budget periods. That information indicates that the city actually (139 divided by 7) replaced 19.8 vehicles on average every year. This validates the number stated above that 15-20 marked cars were being replaced each year. Now knowing that 19.8 marked cars are replaced per year now contradicts the presented replacement cycles of the 156 marked vehicle fleet. The data submitted showed that 19.8 marked cars are being replaced per year. If we use the presented data that states that the replacement cycle of the 30 "take home" cars are 8- 9 years, therefore they are replacing the "take home cars" at the rate of (30 divided by 9) 3.3 cars per year. To determine the replacement cycle of the "hot seat" cars, subtract the 3.3 that are the "take home" cars. Therefore the city needs to replace (19.8-3.3) 16.5 "hot seat" cars per year. The city's current fleet of "hot seat" cars is 126 so that the useful life of the "hot seat" car is (126 divided by 16.5) 7.6 years, not four years as stated in the police presentation. SUBJECT: Economic Benefit of "Take Home" Vehicles. Using the data above, the differential between the life cycle of the "take home" vehicle and the "hot seat" vehicles becomes diminished. If the life cycle of the "take home" vehicle is closer to 8 years, the difference becomes mute. The numbers show that there is almost no economic reason for "take home" cars. In fact, the "hot seat" VS "take home" is not a function of care but of miles. The "take home" cars would accumulate less miles per year than the "hot seat" cars because the "take home" are normally only driven by one officer when on duty, thus making them unavailable for someone else to drive, thus resulting in the large number of marked police vehicles that the city currently has in the fl eet. SUBJECT: 156 Crown Victoria Marked Police Cars: The presentations stated that there were a maximum of 50 patrols during any 24 hour period. It suggests that the number of marked vehicles greater than needed to complete the patrols. 2 Item # 28 Attachment number 2 Page 3 of 10 U sing the provided data for the year 2006, the quantity, year, cost of repairs and cost of fuel for the 156 marked police cars are as follows: QTY YEAR REPAIRS $ FUEL$ 2 1995 2,975 4,105 1 1996 6,591 3,493 1 1997 5,155 1,663 3 1998 8,959 8,136 12 1999 36,157 29,403 9 2000 29,971 22,758 17 2001 44,377 37,120 21 2002 74,783 62,829 35 2003 83,450 85,996 18 2004 55,248 60,239 20 2005 59,827 81,189 17 2006 108,120* 32,967 156 $515,568 $429,898 *includes 79,628 in outfitting costs, see below The presentation stated that there are a maximum of 50 patrols at anyone time that requires 50 marked police cars. If there are 50 cars on patrol that leaves 106 marked patrol cars that are either: *preparing to depart on patrol *in repair *parkedwith some mix at the stations or at the officers homes. We therefore have a ratio of 3.12 vehicles available for anyone patrol. The 50 patrols will need to drive approximately 1,869,120 miles per year. We arrive at that number as follows: General Services reported that the total police vehicle fleet fuel cost for 2006 was $589,093 at an average cost of $2.30 per gallon and the miles driven in 2006 was 2,722,265 miles. The number of gallons used is calculated to be ($589,093 fuel cost divided by $2.30/gallon) 256,127 gallons of fuel. Therefore the average MPG for the total police fleet is (2,722,265 total miles divided by 256,127 gallons used) is an average of 10.6 MPG. 3 Item # 28 Attachment number 2 Page 4 of 10 The data provided by General Services stated that the 156 marked police vehicles used $429,898 of fuel and averaged 9.99 or 10.0 MPG. The fleet average cost of fuel is $2.30/ gallon, those 156 vehicles used ($429,898 of fuel divided by $2.30/ gallon) 186,912 gallons of fuel. At 10.0 MPG, the 50 patrols drove (186,912 X 10. o MPG) 1,869,120 total miles to complete the patrols during 2006. With the maximum of 5 0 patrols, if the city had one car for each patrol, each vehicle in that fleet would have to drive (1,869,120 patrol miles divided by 50 patrols) 37,382 miles per year. That number is far and above the AM average of 18,000 miles driven by the average family car per year. The city would need 100 marked vehicles in order to have the vehicles drive an average of (1,869,120 patrol miles divided by 100 vehicles) 18,691 miles per year that is closer to the AM average. Utilizing 100 vehicles translates into a life cycle of five years per vehicle and continues the city's current replacement rate of about 20 vehicles per year. Currently the city has 156 marked police cars for the maximum of 50 patrols driving 1,869,120 miles. That calculates to (1,869,120 divided by 156) 11,982 miles per year per vehicle or (11,982 divided by 12) 999 miles per month. The 999 miles per month is far less than the average family vehicle of 18,000 miles per year or 1500 miles per month. This suggests that the 156 marked vehicles are showing to be underutilized The above analysis would suggest that 2 marked vehicles per patrol, or a total of 100 vehicles will continue to facilitate the current patrol flexibility and prudent repair cycles based on the maximum patrols. Additionally the city should retain 11 additional marked vehicles to be assigned as maintenance backup housed at the seven stations and substations. These 11 vehicles would be the best eleven marked vehicles that would be retained for limited service in their sixth year of life. SUBJECT: Economics of 111 Crown Victoria Marked Police Cars: The reducti on of marked patrol cars from the current 156 to Ill, or a drop in 45 vehi cl es and the elimination of "take home" vehicle policy so that the "take home vehicles" can be fully utilized for all patrols, maximizing the investment by the city with a reduction in fleet costs. These savings could translate into a budget able to place more officers on the streets rather than in vehicles. 4 Item # 28 Attachment number 2 Page 5 of 10 The savings for reducing the marked police vehicles by 45 vehicles will translate into savings of: Vehicle costs Insurance Repairs * * (45 X $30,784) (45@$1,134) $1,385,280 $ 51,030 $ 22,590 Total $1,458,900 **There would be additional savings in the repair area since the vehicles would be replaced on a five to six year average. Currently there are 28 vehicles that are 2000 and older. Those 28 vehicles had a total repair cost of $89,808 in 2006 or $3,207 per year. The 128 newer vehicles from 2001 to 2006 have a total repair cost of $346,177 or $2705 per vehicle. The difference is $502 per year or ($502 X 45) resulting in $22,590 in additional savings. The total savings above is based on the information below: The data provided detailed that the 156 marked police vehicles had the following costs for 2006: Insurance Fuel Repairs @$1134.00/yr $176,904 $429,898 $515,568* Total $1,122,370* *it's is estimated that in the repairs data, the new seventeen 2006 vehicles had $79, 628 in outfitting costs. This number was derived from the data provided that showed that each vehicle had $8736 in parts and $2500 in labor to install the parts for each vehicle put in service. It was noted that parts were reused from vehicle to vehicle. Therefore it was assumed that of the $8737 in parts 75% of the parts were reused and that 25% or $2184 was actually incurred for new parts and stripping of those parts from the old vehicle. We then have $2184 in new parts cost along with $2500 in labor or a total of$4684 to install the old and new parts into the new vehicle. In 2006 we placed 17 new vehicles into service costing (17 X $4684) $79,628 in outfitting costs. Adjusting for the outfitting cost the 156 marked vehicles had ($1,122,370-$79,628) $1,042,742 in actual operating cost. The average operating cost, without outfitting cost of the 156 marked vehicles is ($1,042,742 divided by 156 vehicles) $7,079 per vehicle. 5 Item # 28 Attachment number 2 Page 6 of 10 The total acquisition cost for a new vehicle, adjusted for the recycle of parts from vehicle to vehicle is: Vehicle cost Lease costs Outfitting: ($725.00 X 36 months- $24,048) Labor Parts* $24,048 $ 2,052 $ 2,500 $ 2, 184 Total $30,784 SUBJECT: Undercover Vehicles: The subsequent information supplied showed that there was fleet of 27 undercover vehicles that the operating data suggests that are underutilized resulting in a high cost per mile. Reports showed that there are 27 undercover vehicles that used a total of $20,610 in fuel for 2006. These vehicles averaged ($20,610 divided by 27 vehicles) $763.00 infuel cost per year or $64.00 in fuel cost per month. Using this fuel cost of $64.00 per month, with the city average fuel cost of $2.30/ gallon, each car used on average 27.8 gallons of fuel per month. If these vehicles attained 15 MFG, on average they are only driven 417 miles per month or about 14 miles per day. This analysis suggests an underutilization of the undercover vehicles. A vehicle by vehicle review of the submitted data showed, 12 undercover vehicles used from $90.41 to $132.91 of fuel per month, 6 undercover vehicles used from $41.16 to $65.66 of fuel per month, 4 undercover vehicles used from $11.08 to $33.50 of fuel per month and 5 undercover vehicles were reported to use zero gas for all of 2006. The 9 least utilized undercover vehicles ranged from model years 1983 to 2005. During 2006, this group of 9 vehicles was reported to use $802 in fuel and incurred $2551 in repairs. These 9 older undercover vehicles averaged ($802 divided by 9) $89 offuel used per year or ($89 divided by $2.30) 39 gallons of fuel used per year or 3.2 gallons per month. Each vehicle on average used 3.2 gallons of fuel per month and assuming 15 MFG, each were driven (3.2 X 15) 48 miles per month. These same 9 vehicles averaging 48 milesper month along with the fuel cost of $ 7 per month, insurance of $95 a month and repairs of $23 per month cost ($7+$95+$23 divided by 48) $2.60 per mile to drive without assuming any debt service. 6 Item # 28 Attachment number 2 Page 7 of 10 Reports showed that there are 14 newer undercover vehicles ranging from years 2003 to 2006. During 2006, this grouping of vehicles used a total $15,122 in fuel. In total these 14 newer undercover vehicles averaged ($15,122 divided by 12) $1260.16 offuel used per month or ($1260.16 divided by $2.30) 548 gallons offuel used per month. Each vehicle on average used(548 divided by 14) 39 gallons of fuel per month and assuming 15 MFG, each were driven (39 X 15) 585 miles per month. These same 14 vehicles each averaging 585 miles per month along with the fuel cost of (39 X $2.30) $90 incurred a debt service of $5, 070 per month and repairs of$673 per month. Taking in consideration the vehicles debt service, fuel, insurance, and repairs the cost to drive these 14 undercover vehicles 585 miles per month per mile is ($5070+$90+$95+$673 divided by 585 miles) $10.13 per mile. SUBJECT: Own or Rent? Based on the utilization as described above it is suggested that the undercover fleet could be reduced by at least 9 vehicles and a review for additional reductions and an alternate for renting should be implemented. The savings for the 9 least utilized vehicles would be as follows: Operating cost Insurance $ 3,353 $10,206 Total $13,559/ year*** ***This does not include the replacement acquisition cost if to acquire 9 new replacement undercover vehicles at $20,000 each or $180,000. The review of the undercover fleet should keep in mind that at a cost of $10.13 per mile and the very low miles driven by many of the undercover vehicles that the city may be prudent to rent undercover vehicles when needed unless they are so specially equipped to require city ownership. SUBJECT: SEDAN VEHICLES: It is assumed that the sedan vehicles are full size sedans that are used by various personnel in the police department. I am not sure if they are permanently assigned to offers within the department. Due to underutilization, it may be better to have some of the personnel use their own vehicles for what appears to be occasional use. 7 Item # 28 Attachment number 2 Page 8 of 10 U sing the provided data for the year 2006, the quantity, year, cost of repairs and cost of fuel for the 40 sedan vehicles are as follows: QTY YEAR REPAIRS $ FUEL$ 2 1995 601 180 4 1996 6,374 2,655 2 1998 3,755 1,359 6 1999 12,463 7,919 5 2000 10,669 5,544 6 2001 13,377 8,403 2 2002 2,172 2,782 4 2003 2,453 4,148 1 2004 1,068 1,387 3 2005 2,275 3,725 5 2006 7,194 2,568 40 $62,401 $40,170 These vehicles 40 averaged ($40,170 divided by 40 vehicles) $1,004 in fuel cost per year or $83.68 in fuel cost per month. Using this fuel cost of $83.68 per month, with our average fuel cost of$2.30/ gallon, each car used on average 36 gallons offuel per month. If these vehicles attained 15 MFG, in total they are only driven 540 miles per month or about 18 miles per day. This analysis suggests an underutilization of the sedan vehicles. SUBJECT: Low usage Sedans: Upon a vehicle by vehicle review of the submitted data using the above assumptions of 15 MPG, there were 7 sedans that appeared to effect the above averages: (The 2006 sedans were excluded from the analysis below because the fuel usage was low perhaps they were put into service late in the year) YEAR REPAIRS $ FUEL$ 1995 0 0 1995 151 181 1996 2072 427 1996 286 428 1998 1161 504 2000 208 261 2003 1390 667 TOTALS 5268 2468 8 Item # 28 Attachment number 2 Page 9 of 10 The review above shows each of the 7 sedan vehicles used an average of only($2468 divided 7) $353 of fuel for the year and based on 15MPG were driven 2,295 miles per year or 191 miles per month. These vehicles are incurring annual costs of: Fuel cost: Insurance: 7 @ $1134 Repairs: $ 909 $ 7,938 $ 5,268 Total $14,115* This cost does include the depreciation costs on these vehicles or the replacement acquisition cost of ($24,000 X 7) $168,000 plus debt service. Therefore the 7 sedan vehicles above that are driven an average of 191 miles per month have an operating cost of($14,115 divided by 7) $2,016 per year. SUBJECT: Personal Vehicle Reimbursement. I would assume that the majority of these 40 sedans are used by the 44 FTE's in the Criminal Investigations Division or other departments an none are" take home" vehicles. Looking at the utilization above it is suggested that we could reduce the sedan fleet from 40 to 33 or a reduction of 7 vehicles. Due to the low monthly demands, it may be prudent to have some personnel use their personal vehicle and pay a per mile stipend in the event that they occasionally need to be on the road. HYBRIDS: The data shows that the police fleet has 7 Hybrid (I assume sedans) in the fleet. Since they are a mix of a gasoline engine and electric battery power their MPG is difficult review with the data supplied for this type of vehicle. I did find that unit #G2102, a 1999 Hybrid vehicle used zero gas for all of 2006 but incurred $641 in outside repairs and $3,088 in-house repairs. These types of vehicles need to be carefully studied for in town fleet use. They are at best in town when the vehicle can be driven most economically. The greatest unknown with all Hybrids is how long the vehicle will be able to be driven without replacing the batteries. The batteries are currently warranted for 8 years by the vehicle manufacturer but the price listed for battery replacement by Consumers Reports show cost at the current $3,000+ level. With the current miles driven by the reviewed vehicles above, the battery replacement costs may become a significant cost to maintain these vehicles. 9 Item # 28 Attachment number 2 Page 10 of 10 OTHERS: Upon e reviewing 230 of the 302 vehicles listed in the supplied vehicle count or 76% of the total, the data suggest that there is significant dollars to continue to evaluate the balance of the additional 72 vehicles. Those vehicles are as follows: 4 2 5 5 9 19 6 2 5 12 3 ATV (assumed to be used on beach patrols) BUSES> 10,000 GVW (Heavy Duty) GENERATORS (lighting trucks?) Motorcycles SUV Trucks (small pickups?) Vans Van>10,000 GVW (Heavy Duty) Mules Trailers Other 72 Units CONCLUSION: There is an inherent tendency with operations with large fleets to retain a vehicle when a replacement has been placed into service. The city would like to keep that old vehicle "just in case". Unfortunately as reviewed, even vehicles that are not driven at all or very infrequently attract costs. After the fleet consolidated, this occurrence can be controlled by requiring that any new vehicle being ordered has replacement vehicle unit # attached to the order and the old vehicle actually removed from service and sold. If an addition to the fleet is needed, that request needs to be elevated to the city manager for review and justification. Maintaining a large fleet is an ongoing problem and requires management attention on an ongoing basis. A vehicle is basically a tool that allows an employee to perform his or her tasks, not an employment perk. Vehicles are very expensive to purchase and maintain. It is in the best interest of the citizens of the city to not only maintain the fleet but to utilize that tool to the fullest. 10 Item # 28