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12/17/2007 WORK SESSION AGENDA Council Chambers - City Hall 12/17/2007 - 1 :30 PM 1. Presentations 1.1 Service Awards ~ Attachments 2. Office of Management and Budget 2.1 Approve the Interlocal Agreement with Pinellas County to extend the Infrastructure Sales Surtax (Penny for Pinellas )for ten years effective February 1, 2010 through January 31, 2020 and authorize the appropriate officials to execute same. (consent) ~ Attachments 3. Fire Department 3.1 Approve the First Amendment to the Interlocal Agreement that clarifies property ownership of the shelter- use related improvements to Ross Norton Recreation Complex and authorize the appropriate officials to execute same. (consent) ~ Attachments 4. Parks and Recreation 4.1 Approve a Florida Communities Trust (FCT) project grant agreement for the acquisition of properties creating the Lake Chautauqua Equestrian and Nature Preserve, in the amount of $4,800,000, between the State of Florida Department of Community Affairs and the City of Clearwater and authorize the appropriate officials to execute same. (consent) ~ Attachments 5. Solid Waste/General Support Services 5.1 Award a contract (purchase order) for $450,738.00 to Duval Ford of Jacksonville, Florida for eighteen (18) Ford Crown Victoria Police Cruisers in accordance with Sec 2.564(1)(d), Code of Ordinances - Other governmental bid, authorize lease purchase under the City's Master Lease Purchase Agreement and authorize appropriate officials to execute same. (consent) ~ Attachments 5.2 A ward a Contract (Purchase Order)to Ring Power of Riverview, FL for the purchase of one Caterpillar MT525B Tractor with Challenger slope mower at a cost of $117,950.00 in accordance with Sec. 2.564(1) (d), Code of Ordinances - Other governmental bid, authorize lease purchase under City's master lease purchase agreement and authorize appropriate officials to execute same. (consent) ~ Attachments 6. Engineering 6.1 Accept a perpetual Submerged Lands Easement to encumber a 15,000 square foot portion of those submerged lands abutting the easterly terminus of Bay Esplanade and the City's Clearwater Beach Recreation Center property, situated in the Southwest 1/4 of Section 5, Township 29 South, Range 15 East as conveyed by Bayesplanade.com., LLC, a Florida limited liability company in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) @ Attachments 6.2 Approve a work order to Owen Ayres and Associates, Inc. (EOR) in the amount of $140,000.00 for professional engineering services related to the design of the new Clearwater Beach Recreation Center Boat Ramp and establish the capital improvement program (CIP) project 0315-93408,Clearwater Beach Recreation Center Boat Ramp Replacement in the amount of $700,000 from the unappropriated retained earnings of the General Fund. (consent) @ Attachments 6.3 Accept a Drainage and Utility Easement over, across and under a portion of Lot 1, Block B, BA YSIDE SUBDIVISION NO.5, containing 106.51 square feet, more or less, conveyed by Center Family Limited, a Florida limited partnership ("Grantor"), given in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) @ Attachments 6.4 Accept a perpetual 638 square foot Electric Utility Easement over, across and under a portion of Lot 6, Block 14, GOULD AND EWING'S 1ST ADDITION TO CLEARWATER HARBOR conveyed by Scott Mortgage, Inc. in consideratin of receipt of $1.00 and the benefits to be derived therefrom. (consent) @ Attachments 6.5 Award a contract to TLC Diversified of Palmetto, FL, in the amount of $5,847,803.40 for construction of the Headworks Screening and Grit Removal Improvements Project for the Northeast, Marshall Street and East Advanced Pollution Control Facilities (APCFs), (project number 05-0063-UT), which is the lowest responsible bid received in accordance with the plans and specifications for this project; and award a Work Order in the amount of $186,535 to Jones, Edmunds & Associates (JEA), an Engineer-of-Record for the City of Clearwater, to provide Construction Engineering and Inspection (CEI) Services for the construction of this project, and that the appropriate officials be authorized to execute same. (consent) I@l Attachments 6.6 Accept Ingress and Egress easement over and across the North 15 feet of Lot 2, LAKEVIEW ROAD SUBDIVISION conveyed by Power Legal Advisory, Inc., a Florida corporation ("Grantor"), given in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) I@l Attachments 6.7 Approve a First Amendment to Land Lease Agreement ("Amendment") with Crown Castle GT Company, LLC, successor in interest to GTE Mobilnet of Tampa, Inc. ("Tenant") under that certain Land Lease Agreement dated July 26, 1995 ("Lease") of City-owned lands in the Southeast 1/4 of Section 21, Township 28 South, Range 16 East, granting two additional options to extend said Lease for terms of five years each in consideration of Tenant Paying monthly rental of $2200 per month effective January 1,2008 through July 31, 2009, adjusting thereafter as provided in the Amendment, and upon Tenant's faithful compliance with all other terms and provisions of said Lease and the Amendment, and authroize appropriate officials to execute same. (consent) I@l Attachments 6.8 Approve the Work Order to PARSONS Water and Infrastructure, Inc. for design engineering services for the NEAPCF Secondary Digester Refurbishment Phase II, final design phase, in the amount of $187,688 and authorize the appropriate officials to execute same. (consent) I@l Attachments 7. Planning 7.1 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1509 Country Lane East (Lot 8, Country Lane, Section 08, Township 29 South, Range 16 East); and Pass Ordinances 7906-08, 7907-08 and 7908-08 on first reading. (ANX2007-09025) I@l Attachments 7.2 Approve amendments to the Community Development Code and pass Ordinance 7835-07 on first reading. ~ Attachments 8. Official Records and Legislative Services 8.1 Approve the 2008 State Legislative Package. ~ Attachments 9. Legal 9.1 Adopt Ordinance Number 7843-07 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address is 2990 Tanglewood Drive from Residential Urban to Residential Medium. ~ Attachments 10. City Manager Verbal Reports 10.1 City Manager Verbal Reports ~ Attachments 11. Other Council Action 11.1 Other Council Action ~ Attachments 12. Adjourn 13. Presentationes) for Council Meeting 13.1 National Homeless Persons' Memorial Day Proclamation ~ Attachments 13.2 Miniature Arts Month Proclamation ~ Attachments 13.3 Clothes to Kids Non-Profit Organization / Information on Volunteering - Presentation by Jennifer Silva, Executive Director ~ Attachments 13.4 Festival of Trees - Parks and Recreation ~ Attachments Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Service Awards SUMMARY: 5 Years of Service Sam F. Swinton, Jr. Jere R. Gunderman Jacqueline Y. Clemons Shannon R. Anderson Brian W. Jerard Antony C. Mills Nathan J. Burnside Scott Fowler Jeffery L. Richardson Daise M. Castillo Marc S. Shen 10 Years of Service Robert C. Strieder Donald J. Flemming Robert B. Jones, Jr. Philip C. Ruppel Deborah L. Weitzel 15 Years of Service James P. Atherholt 20 Years of Service Russell W. Carter Julia M. Jablonski Gregory K. Pippins Development Services Parks & Recreation Parks & Recreation Police Police Police Police Police Police Library Police Public UtilitieslWPC Library Parks & Recreation Public UtilitieslWPC Fire Parks & Recreation Parks & Recreation Solid Waste Solid Waste Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Clerk Meeting Date: 12/17/2007 Cover Memo Item # 1 Meeting Date: 12/17/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Interlocal Agreement with Pinellas County to extend the Infrastructure Sales Surtax (Penny for Pinellas )for ten years effective February 1,2010 through January 31, 2020 and authorize the appropriate officials to execute same. (consent) SUMMARY: The attached is the formal agreement between the City of Clearwater and Pinellas County to reflect the time frame and distribution percentages for the Infrastructure Sales Tax Renewal. The City Council reviewed the distribution percentages and approved the Penny for Pinellas list of City projects on July 20, 2006, and amended on October 19,2006. This final approved list has been provided to Pinellas County. The revenue distribution percentages have not changed since reviewed with the Council last year prior to voter approval. The extension of the Infrastructure Sales Surtax for the additional ten year period was approved by the registered voters of Pinellas County on March 13, 2007. Jail and criminal justice related facilities were given a priority for funding and will receive $225 million over the ten year period as outlined in the agreement. Clearwatear will receive 7.9761 % of the net proceeds remaining after those funds are deducted. 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 # 2 - . - -- -- Attachme~r;,~ 1 Page 1 of 29 . . . . . - -. - . . 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Penny for PineUas Extension Approved City Cm.mdl ProJects 2010-2020 -- -:;:-:::~ Police Homicide Vehicle Clearwater Beach Fire Station Renovation/Reconstruction Lakeview Fire Station Renovation/Reconstruction Countryside Fire Station Renovation/Reconstruction Downtown Streetscaping Highland A ve Widening - Union St to Sunset Point Rd Bayshore Blvd Realignment North of Drew St Downtown Parking Coachman Park Redevelopment Youth Sports Fields Renovations & Improvements Neighborhood Parks Renovations & Improvements Recreation Trails COlmtryside Family Aquatics Center Development Municipal Beach Parking Garage City-wide Seawall Replacement Countryside Branch Library E:~q)ansion & Renovation East Branch Library Expansion & Renovation Library Technology New City Hall & Parking Garage City-wide Wireless Mesh Senior Facility Ruth Eckerd Hall Traffic Calming New Sidewalk Construction TOTAL 150,000 4,147,910 4,755,560 4,648,460 12,500,000 2,500,000 2,500,000 6,250,000 5,000,000 7,000,000 5,000,000 3,000,000 2,500,000 12,500,000 1,250,000 6,250,000 6,250,000 1,250,000 25,000,000 3,125,000 3,500,000 4,000,000 5,000,000 2,833,250 130,910,180 Attachment number 2 Page 1 of 1 Item # 2 Meeting Date: 12/17/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the First Amendment to the Interlocal Agreement that clarifies property ownership of the shelter-use related improvements to Ross Norton Recreation Complex and authorize the appropriate officials to execute same. (consent) SUMMARY: . On October 11, 2006, Pinellas County and the City of Clearwater entered into an Interlocal Agreement to provide facilities and necessary personnel to assist before, during, and following a disaster. The City of Clearwater's Ross Norton Parks & Recreation complex is the agreed upon facility to be used as a disaster shelter. . This First Amendment clarifies ownership and maintenance responsibilities for the generator and transfer switch (Section 5) as well as emergency management collaboration in the Planning and Notices paragraph (Section 7). . Section 5. Facility Alterations - The County agrees to alter the facility with a building-mounted electrical transfer switch, which allows a generator to be safely connected to the building. The switch becomes the property of the City when the Interlocal Agreement expires. The generator, which is NOT permanently affixed to the building, remains the property of Pinellas County. . Maintenance and annual testing of the generator and transfer switch will be the responsibility of the County during the term and all renewals of the Interlocal Agreement. . Section 7. Planning and Notices - The cooperative arrangements for planning, exchange of information, and notifications regarding preparedness and disaster operations shall be developed and maintained by the respective parties' Departments of Emergency Management. . The amendment is consistent with the established agreement for the Ross Norton facility to be used as a County operated public disaster shelter. 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) Office of Management and Budget 2) Legal 3) Clerk 4) Parks and Recreation 5) Clerk 6) City Manager 7) Clerk 8) City Manager 9) Clerk Cover Memo Item # 3 Attachment number 1 Page 1 of 3 .. FIRST AMENDMENT TO INTERLOCAL AGREEMENT THIS FIRST AMENDMENT TO INTERLOCAL AGREEMENT is made 'and entered into this _ day of ,2007, by and between PINELLAS COUNTY, ~ political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and tl1e CITY OF CLEARWATER, a municipal corporation of the State of Florida, hereinafter referred, to as "CITY" . WITNESSETH: WHEREAS, COUNTY and CITY entered into an Interlocal Agreement on October, 11, 2006, to cooperate in the interest of public safety by providing facilities and necessary personnel to assist before, during and following a disaster; and WHEREAS, COUNTY desires to clarify ownership and maintenance responsibilities of the generator and transfer switch, and WHEREAS, the Planning and Notices paragraph needs to be amended. NOW THEREFORE, in consideration of One Dollar ($1.00) and other good and valuable consideration the receipt and adequacy of which is. hereby acknowledged, and the promises and covenants contained herein, the Parties agree to amend Sections 5 and 7 as follows: Section 5. Facility Alterations. As a condition of this Interlocal Agreement, the COUNTY agrees to make certain alterations to the Facility. Such alterations shall include a transfer switch to accommodate a portable generator for use during COUNTY'S occupancy. Maintenance and annual testing of the generator and transfer switch will be the responsibility of the COUNTY during the term and all renewals of the Interlocal Agreement. At the end of the term and all renewals, the transfer switch will become the property of the CITY. The portable generator is and always will be owned and maintained by the COUNTY. Section 7. Plannine: and Notices. Coopenitive arrangements for plamiing,exchange of information and notifications regarding preparedness and disaster operations shall be developed and maintained by the respective parties' Departments of Emergency Management. Ross Norton Facility Page J Item # 3 Attachment number 1 Page 20f 3 Any Notices required to be provided under the provisions of this Agreement shaH be sent by Certified Mail, return receipt requested, to the following parties: COUNTY Director Dept. of Emergency Mgt. 400 S. Ft. Harrison Ave., Clearwater, FL 33756 With a copy to the following: Manager Lease Management Division 201 Rogers Street Clearwater, FL 33756 CITY William Vola, Coordinator Dept. of Emergency Mgt. 112 S. Osceola Ave. Clearwater, Fl 33756 Director Clearwater Parks and Recreation 100 S. Myrtle Ave Clearwater, FL 33756 Pursuant to the Pinellas County Code, Section 2-62, the Board of County Commissioners has delegated authority to Fred E. Marquis, Interim County Administrator, for the purposes of entering into and executing said Interlocal Agreement. THIS SECTION LEFT INTENTION ALL Y BLANK Ross Norton Facility Pag~ 2 Item # 3 .. Attachment number 1 Page 3 of 3 IN WITNESS WHEREOF the parties have set their hands and seals the day and year first above written. . . Countersigned: Frank V. Hibbard Mayor-Commissioner Approved as to form: J(~ !J~ Rob Surette Assistant City Attorney WITNESS: By: Print Name: APPROVED AS TO FORM OFFICE OF THE COUNTY ATTORNEY By: Title: Asst. County Attorney Bethl2006-00S 1 First Amendment to Agreement.doc Ross Norton Facility CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Attest: Cynthia E. Goudeau City Clerk . (SEAL) PINELLAS COUNTY, FLORIDA By: Fred E. Marquis County Administrator Page 3 Item # 3 Meeting Date: 12/17/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Florida Communities Trust (FCT) project grant agreement for the acquisition of properties creating the Lake Chautauqua Equestrian and Nature Preserve, in the amount of $4,800,000, between the State of Florida Department of Community Affairs and the City of Clearwater and authorize the appropriate officials to execute same. (consent) SUMMARY: The purpose of this agreement is to set forth the conditions that must be satisfied by the City prior to disbursement of FCT funds as well as any restrictions that might be imposed on the project site prior to reimbursement for project costs. Only when all the conditions are met will the Council make the final decision regarding accepting these funds. The project will provide for the acquisition of approximately 49 acres of land located south of Lake Chautauqua Park. The parcels are currently owned by the Pinellas County Board of Public Instruction, Ruppel Farms and George Ruppel. The project will provide additional invaluable open space and parklands for the citizens of Clearwater and Pinellas County. This acquisition together with Lake Chautauqua Park (40 acres), and D. D. Davis Park (5 acres) will provide for a regional park of over 94 acres III SIze. The successful awarding of this grant of $4.8 million plus the City's matching funds of $1.2 million, which will come from available Open Space and Recreation Facility Land Impact Fees, will provide the necessary cash funds for this project acquisition. These funds, along with the inclusion of the Pinellas County School Board property value, will create the entire match for this grant. In addition to passive park activities like picnicking, nature walks, hiking, bird watching, etc., there will also be a small nature education center, and continued use of the equestrian facilities currently on site with expanded equestrian trails. It is anticipated to have the major facilities provided by a third party operator and the balance absorbed by the Parks and Recreation budget as resources are transferred due to the property swap with Pinellas County School Board. No increases in operating budget or FTEs are anticipated. There will be additional Council approvals needed later in the process for actual land acquisition, trade of property with Pinellas County School Board, management plan and expenditure of recreation open space impact fees. In addition, staff is recommending that for this agreement that Felicia Leonard, Administrative Support Manager be appointed as "key contact" and the City Manager or his designee to be appointed to execute all documents relating to this project. Review Approval: 1) Office of Management and Budget 2) Parks and Recreation 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City Manager 7) Clerk 8) City Manager 9) Clerk Cover Memo Item # 4 Attachment number 1 Page 1 of 20 FCT Contract Number -CT - FLORIDA COMMUNITIES TRUST 07-054-FF7 LAKE CHAUTAUQUA EQUESTRIAN & NATURE PRESERVE CSF A # 52002 GRANT CONTRACT THIS AGREEMENT is entered into by and between the FLORIDA COMMUNITIES TRUST ("FCT"), a non-regulatory agency within the State of Florida Department of Community Affairs, and CITY OF CLEARWATER, a political subdivision of the State of Florida ("Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: WHEREAS, the intent of this Agreement is to impose terms and conditions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds ("Project Site"), that are necessary to ensure compliance with applicable Florida law and federal income tax law and to otherwise implement the provisions of Sections 259.105, 259.1051 and Chapter 380, Part III, Florida Statutes; WHEREAS, Chapter 380, Part III, Fla. Stat., the Florida Communities Trust Act, creates a non-regulatory agency within the Department of Community Affairs ("Department") which will assist local governments in bringing into compliance and implementing the conservation, recreation and open space, and coastal elements of their comprehensive plans or in conserving natural resources and resolving land use conflicts by providing financial assistance to local governments and nonprofit environmental organizations to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, FCT is funded through either Section 259.105(3)(c), Fla. Stat. of the Florida Forever Act, which provides for the distribution of twenty-two percent (22%), less certain reductions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other revenue source designated by the Florida Legislature to provide land acquisition grants to local governments and nonprofit environmental organizations for the acquisition of community-based projects, urban open spaces, parks and greenways to implement local comprehensive plans; WHEREAS, the Florida Forever Revenue Bonds are issued as tax-exempt bonds, meaning the interest on the bonds is excluded from the gross income of bondholders for federal income tax purposes; WHEREAS, Rule 9K-7, Florida Administrative Code ("F.A.C.") sets forth the procedures for the evaluation and selection of lands proposed for acquisition and Rule 9K-8, F.A.C. sets forth the acquisition procedures; WHEREAS, on November 2, 2007 the FCT Governing Board scored, ranked and selected projects to receive approval for funding; 07-054-FF7 Dec. 4, 2007 Reimbursement -1- Item # 4 Attachment number 1 Page 2 of 20 WHEREAS, the Recipient's project, described in an application submitted for evaluation, was selected for funding in accordance with Rule 9K-7, F.A.C., and by executing this Agreement the Recipient reaffirms the representations made in its application; WHEREAS, Rule 9K-7.009, F.A.C. authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding; WHEREAS, Rule 9K-7.003(8) F.A.C., recognizes real property owned by the Recipient and included in the application as part of the Project Site as an eligible source of Match, provided that the real property is acquired by the Recipient within 24 months after the application deadline for which the application was made. The date of this application deadline was May 10,2007. WHEREAS, the Recipient will acquire fee simple title to the entire Project Site prior to (Insert date[sJ) from (Insert name[s J); WHEREAS, the Recipient will request disbursement of FCT Florida Forever Bond proceeds, subsequent to acquiring the Project Site, for the reimbursement of Project Costs expended by the Recipient for the acquisition of the Project Site; and WHEREAS, the purpose of this Agreement is to set forth the conditions that must be satisfied by the Recipient prior to the disbursement of any FCT Florida Forever funds awarded, as well as the restrictions that are imposed on the Project Site subsequent to reimbursing the Recipient for Project Costs. NOW THEREFORE, FCT and the Recipient mutually agree as follows: I. PERIOD OF AGREEMENT 1. This Agreement shall begin upon the Recipient's project being selected for funding and shall end September 2, 2008 ("Expiration Date"), unless extended as set forth below or unless terminated earlier in accordance with the provisions of Article XIII of this Agreement. 2. FCT may extend this Agreement beyond the Expiration Date if the Recipient demonstrates that significant progress is being made toward Project Plan approval or that extenuating circumstances warrant an extension of time. A request for an extension shall fully explain the reason for the delay and why the extension is necessary and shall be provided to FCT in accordance with paragraph V.I. prior to the Expiration Date. If the Recipient does not request an extension, or if a requested extension is not granted by FCT, the Recipient's award shall be rescinded and this Agreement shall terminate. 07-054-FF7 Dec. 4, 2007 Reimbursement -2- Item # 4 Attachment number 1 Page 3 of 20 II. MODIFICATION OF AGREEMENT 1. Either party may request modification of the provisions of this Agreement at any time. Changes which are mutually agreed upon shall be valid only when reduced to writing and duly signed by each of the parties hereto. Such amendments shall be incorporated into this Agreement. III. DEADLINES 1. At least two original copies of this Agreement shall be executed by the Recipient and returned to the FCT office at 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100, as soon as possible and before January 3, 2008. If the Recipient requires more than one original document, the Recipient shall photocopy the number of additional copies needed and then execute each as an original document. Upon receipt of the signed Agreements, FCT shall execute the Agreements, retain one original copy and return all other copies that have been executed to the Recipient. 2. The Recipient and its representatives shall know of and adhere to all project deadlines and devise a method of monitoring the project. Deadlines stated in this Agreement, as well as deadlines associated with any FCT activity relating to the project, shall be strictly enforced. Failure to adhere to deadlines may result in delays in the project, allocation of time or resources to other recipients that respond timely or the termination of this Agreement by FCT. 3. The Recipient shall submit the documentation required by this Agreement to FCT as soon as possible so that the Project Costs may be reimbursed in an expeditious manner. 4. The Recipient shall provide a monthly status report to FCT of its progress towards reimbursement of the Project Costs. 5. The Recipient shall provide the appraisal(s) required by 9K-8.007, F.A.C to FCT for review by a date not to exceed ninety (90) days after the Recipient's project is selected for funding. The appraisals shall be reviewed and, upon approval, the Maximum Approved Purchase Price ("MAPP"), as provided in Rule 9K-8.007(5) and (6), F.A.C, shall be determined. IV. FUNDING PROVISIONS 1. The FCT Florida Forever award granted to the Recipient ("FCT Award") will in no event exceed the lesser of Forty Percent (40%) of the final Proj ect Costs, as defined in Rule 9K-7.002(32), F.A.C., or Four Million Eight Hundred Thousand Dollars And Zero Cents ($4,800,000.00), unless FCT approves a different amount after determination of the MAPP, which shall be reflected in an addendum to this Agreement. The FCT Award is based on the Recipient's estimate of final Project Costs in its application, as well as the Limitation of Award provided in Rule 9K-7.003(6), F.A.C and advertised in the 07-054-FF7 Dec. 4, 2007 Reimbursement -3- Item # 4 Attachment number 1 Page 4 of 20 Notice of Application. When disbursing the FCT Award, FCT shall recognize only those Project Costs consistent with the definition in Rule 9K-7.002(32), F.A.C. FCT shall participate in the land cost at either the actual purchase price or the MAPP, whichever is less, multiplied by the percent stated in the above paragraph. 2. The FCT Governing Board selected the Recipient's application for funding in order to acquire the entire Project Site identified in the application. FCT reserves the right to withdraw or adjust the FCT Award if the acreage that comprises the Project Site is reduced or the project design is changed so that the objectives of the acquisition cannot be achieved. FCT shall consider any request for Project Site boundary modification in accordance with the procedures set forth in Rule 9K-7.010, F.A.C If the Proj ect Site is comprised of multiple parcels and multiple owners, an Acquisition Plan, as defined in 9K-7.002(2), F.A.C., was required in the application. FCT reserves the right to withdraw or adjust the FCT Award if the priority parcel(s) or a significant portion of the Project Site identified in the Acquisition Plan cannot be acquired. 3. The FCT Award shall be delivered either in the form of Project Costs prepaid by FCT to vendors or in the form of a State of Florida warrant to the Recipient. The FCT Award shall only be delivered after FCT approval of the Project Plan and Project Site acquisition terms. FCT shall prepare a grant reconciliation statement prior to the reimbursement that evidences the amount of Match provided by the Recipient, if any is required, and the amount of the FCT Award. Funds expended by FCT for Project Costs shall be recognized as part of the FCT Award on the grant reconciliation statement. 4. If a Match is required, it shall be delivered in an approved form as provided in Rule 9K-7.002(24), F.A.C If the value of Pre-acquired land, as defined by Rule 9K-7.002(31), F.A.C, or donated land is the source of the Match, the MAPP shall determine the value of the Match. Funds expended by the Recipient for Project Costs shall be recognized as part of the Match on the grant reconciliation statement. 5. By executing this Agreement, the Recipient affirms that it is ready, willing and able to provide a Match, if any is required. 6. If the Recipient is the local government having jurisdiction over the Project Site, and an action by the Recipient subsequent to the FCT Governing Board selection meeting results in a governmentally derived higher Project Site land value due to an enhanced highest and best use, this Agreement shall be terminated unless the Recipient agrees that the appraisal(s) will be based on the highest and best use of the Project Site on or before the FCT Governing Board selection meeting. 7. FCT's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature, and is subj ect to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. 07-054-FF7 Dec. 4, 2007 Reimbursement -4- Item # 4 Attachment number 1 Page 5 of 20 V. NOTICE AND CONTACT 1. All notices provided under or pursuant to this Agreement shall be in writing and delivered either by hand delivery or first class, certified mail, return receipt requested, to: Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 2. All contact and correspondence from FCT to the Recipient shall be through the key contact. Recipient hereby notifies FCT that the following administrator, officer or employee is the authorized key contact on behalf of the Recipient for purposes of coordinating project activities for the duration of the project: Name: Title: Address: Phone: Fax: E-mail: 3. The Recipient authorizes the administrator, employee, officer or representative named in this paragraph to execute all documents in connection with this project on behalf of the Recipient, including, but not limited to, the Grant Contract or any addenda thereto, grant reconciliation statement, statements submitted as a part of the Project Plan and Declaration of Restrictive Covenants. Name: Title: Address: Phone: Fax: Email: 07-054-FF7 Dec. 4, 2007 Reimbursement -5- Item # 4 Attachment number 1 Page 6 of 20 4. In the event that different representatives or addresses are designated for either paragraph 2. or 3. above after execution of this Agreement, notice of the changes shall be rendered to FCT as provided in paragraph 1. above. 5. The Recipient hereby notifies FCT that the Recipient's Federal Employer Identification Number( s) is VI. PROJECT PLAN APPROVAL; PRE-CLOSING REQUIREMENTS 1. Prior to the final disbursement of the FCT Award, the Recipient shall submit to FCT and have approved a Project Plan that complies with Rule 9K-8.011, F.A.C. The Project Plan shall not be considered by FCT unless it is organized with a table of contents and includes all of the following documents to ensure that the interest of the State of Florida will be protected: a. Closing documents associated with the parcel(s): (1) A copy of the Purchase Agreement(s) for sale and purchase of the parcel( s) between Recipient and (Insert name[ s] of Seller[ s]). (2) A copy of closing statements from Buyer(s) and Seller(s) for the purchase of the parcel(s). (3) A copy of the recorded deed(s) evidencing conveyance of title to the parcel( s) to the Recipient. (4) Certified survey( s) of the parcel( s) that meets the requirements of Rule 9K-8.006, F.A.C., and is dated within ninety (90) days of the date of acquisition of the parcel( s) by Recipient. (5) A copy of the title insurance policy( s) evidencing marketable title in Recipient to the parcel(s) and effective the date of acquisition of the parcel(s) by the Recipient, including a statement from the title insurer as to the minimum promulgated rate if premium was paid by Recipient, and all documents referenced in the title policy(s). (6) Environmental site assessment(s) of the parcel(s) certified to the Recipient, which meets the standards and requirements of ASTM Practice E 1527, and with a date of certification within ninety (90) days of the date of acquisition of the parcel(s) by Recipient, together with the statement required by Rule 9K-8.012(4), F.A.C. 07-054-FF7 Dec. 4, 2007 Reimbursement -6- Item # 4 Attachment number 1 Page 7 of 20 b. A letter from FCT indicating approval of the Management Plan written in accordance with Rule 9K-7.011, F.A.C. and as described in Article VII below. c. A statement of the Project Costs. d. A statement of the amount of the award being requested from FCT. e. Supporting documentation that the conditions imposed as part of this Agreement have been satisfied. f. A signed statement by the Recipient that the Recipient is not aware of any pending criminal, civil or regulatory violations imposed on the Project Site by any governmental agency or body. g. A signed statement by the Recipient that all activities under this Agreement comply will all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the applicable adopted and approved comprehensive plan. h. Additional documentation as may be requested by FCT to provide Reasonable Assurance, as set forth in paragraph VIlA. below. 2. FCT shall approve the terms under which the interest in land is acquired pursuant to Section 380.510(3), Fla. Stat. Such approval is deemed given when FCT approves the Project Plan containing a copy of the document(s) vesting title to the Project Site in the Recipient. 3. All real property shall be obtained through a Voluntarily-Negotiated Transaction, as defined in Rule 9K-7.002(46). The use of or threat of condemnation is not considered a Voluntarily-Negotiated Transaction. 4. All invoices for Project Costs, with proof of payment, shall be submitted to FCT and be in a detail sufficient for a proper audit thereof. 5. Rule 9K-7.002(32) states that "reasonable real estate fees or commissions paid by the Recipient for Acquisition" are eligible Project Costs. In an effort to maximize the Florida Forever funds for land acquisition, FCT will conservatively review each request for real estate fees or commissions with close scrutiny to determine if the fee or commission is reasonable. FCT will not reimburse the portion of real estate fees or commissions that are determined by FCT to be unreasonable. Recipient will be financially responsible for the portion of the real estate fee or commission not reimbursed by FCT. 6. The Recipient may, and is strongly encouraged to, request a courtesy review of its Project Plan prior to its submission for approval. 07-054-FF7 Dec. 4, 2007 Reimbursement -7- Item # 4 Attachment number 1 Page 8 of 20 7. Reimbursement for Project Costs shall not occur until after FCT approval of the Project Plan. VII. MANAGEMENT PLAN; ANNUAL STEWARDSHIP REPORT 1. Prior to approval of the Project Plan and final disbursement of the FCT Award, the Recipient shall submit to FCT and have approved a Management Plan that complies with Rule 9K-7.011, F.A.C. and addresses the criteria and conditions set forth in Articles VII, VIII, IX, X, and XI herein. 2. The Management Plan explains how the Project Site will be managed to further the purposes of the project and meet the terms and conditions of this Agreement. The Management Plan shall include the following: a. An introduction contammg the project name, location and other background information relevant to management. b. The stated purpose for acquiring the Project Site as proposed m the application and a prioritized list of management objectives. c. The identification of known natural resources including natural communities, listed plant and animal species, soil types, and surface and groundwater characteristics. d. A detailed description of all proposed uses including eXlstmg and proposed physical improvements and the impact on natural resources. e. A detailed description of proposed restoration or enhancement activities, if any, including the objective of the effort and the techniques to be used. f. A scaled site plan drawing showing the Project Site boundary, existing and proposed physical improvements and any natural resource restoration or enhancement areas. g. The identification and protection of known cultural or historical resources and a commitment to conduct surveys prior to any ground disturbing activity, if applicable. h. A description of proposed educational displays and programs to be offered, if applicable. L A description of how the management will be coordinated with other agencies and public lands, if applicable. 07-054-FF7 Dec. 4, 2007 Reimbursement -8- Item # 4 Attachment number 1 Page 9 of 20 J. A schedule for implementing the development and management activities of the Management Plan. k Cost estimates and funding sources to implement the Management Plan. 3. If the Recipient is not the proposed managing entity, the Management Plan shall include a signed agreement between the Recipient and the managing entity stating the managing entity's willingness to manage the site, the manner in which the site will be managed to further the purpose(s) of the project and the identification of the source of funding for management. In the event that the Recipient is a partnership, the Recipient shall also provide FCT with the interlocal agreement that sets forth the relationship among the partners and the fiscal and management responsibilities and obligations incurred by each partner for the Project Site as a part of its Project Plan. 4. To ensure that future management funds will be available for the management of the site in perpetuity pursuant to Section 259.105 and Chapter 380, Part III, Fla. Stat., the Recipient(s) shall be required to provide FCT with Reasonable Assurance, pursuant to Rule 9K- 7.002(35), F.A.C., that it has the financial resources, background, qualifications and competence to manage the Project Site in perpetuity in a reasonable and professional manner. Where the Recipient does not include at least one Local Government, FCT may require the Recipient to do one, or more, of the following: post a performance or other bond in an amount sufficient to ensure that the Project Site shall be reasonably and professionally managed in perpetuity; establish an endowment or other fund in an amount sufficient to ensure performance; provide a guaranty or pledge by the Local Government, in whose jurisdiction the Project Site is located, which shall require the Local Government to take over the responsibility for management of the Project Site in the event the Recipient is unable to, and may require the Local Government to be a named co-signer on the Declaration of Restrictive Covenants; or provide such other assurances as the Governing Board may deem necessary to adequately protect the public interest. 5. The Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the Management Plan approved by FCT. 6. All buildings, structures, improvements and signs shall require the prior written approval ofFCT as to purpose. Further, tree removal, other than non-native species, and major land alterations shall require the written approval of FCT. The approvals required from FCT shall not be unreasonably withheld upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. FCT's approval of the Recipient's Management Plan addressing the items mentioned herein shall be considered written approval from FCT. 07-054-FF7 Dec. 4, 2007 Reimbursement -9- Item # 4 Attachment number 1 Page 10 of 20 7. As required by Rule 9K-7.013, F.A.C., each year after FCT reimbursement of Project Costs the Recipient shall prepare and submit to FCT an annual stewardship report that documents the progress made on implementing the Management Plan. VIII. SPECIAL MANAGEMENT CONDITIONS In addition to the Management Plan conditions already described in this Agreement, which apply to all sites acquired with FCT funds, the Management Plan shall address the following conditions that are particular to the Project Site and result from either commitments made in the application that received scoring points or observations made by FCT staff during the site visit described in Rule 9K-7.009, F.A.C.: 1. The following recreational facilities including a tennis court, picnic pavilion, playground, and observation platform to provide access to Lake Chautauqua shall be provided. The facilities shall be developed in a manner that allows the general public reasonable access for observation and appreciation of the natural resources on the project site without causing harm to those resources. 2. A permanent recognition sign, at a minimum size of3' x 4', shall be maintained at the entrance area of the project site. The sign shall acknowledge that the project site was purchased with funds from the Florida Communities Trust Program and the Recipient. 3. Interpretive signs or kiosks shall be provided on the project site to educate visitors about the history and natural environment of the area. 4. At least 12 regularly scheduled educational classes or programs shall be provided at the project site per year. These programs shall promote the protection of environmental resources. 5. The existing 7,000 square foot residence on the project site shall be converted into a nature center, museum, or neighborhood recreation center. The center shall be staffed to provide year round classes or programs at the site. 6. The natural communities that occur on the project site shall be preserved and appropriately managed to ensure the long-term viability of these communities. 7. The project site shall be managed in a manner that protects and enhances the listed and non-listed native wildlife species and their habitat. Periodic surveys shall be conducted oflisted species using the project site. 8. A prescribed bum plan shall be investigated for the scrub, upland pine, pine flatwoods, and shrub and brushland communities. A vegetation analysis of the remainder of the project site shall be performed to determine which additional areas need a prescribed burning regime implemented to maintain fire-dependent natural communities. If a prescribed bum program is not feasible, the scrub, upland pine, pine flatwoods, and other fire dependent communities shall 07-054-FF7 Dec. 4, 2007 Reimbursement -10- Item # 4 Attachment number 1 Page 11 of 20 be managed in a way to mimic the effects of fire and maintain natural vegetative communities. The development of a prescribed bum program shall be coordinated with the Division of Forestry. Fire lines shall be developed between adjacent developments and the fire-prone communities on the project site. 9. The location and design of any parking facility shall be designed to have minimal impacts on natural resources. The parking area shall incorporate pervious materials wherever feasible. 10. Exotic vegetation shall be removed from the project site. 11. A significant portion of degraded uplands shall be planted with native vegetation. 12. A significant portion of degraded wetlands shall be planted with native vegetation, including restoration of the stream through the property. 13. The quality of surface waters and current flooding problems shall be improved by the installation of stormwater facilities on the project site that provide wildlife habitat and/or open space in a park like setting. The development of the stormwater facilities shall be coordinated with the Southwest Florida Water Management District. 14. Any proposed stormwater facility for the project site shall be designed to provide recreation open space or wildlife habitat. 15. An ongoing monitoring and control program for invasive vegetation including exotic (non-native) and nuisance native plant species shall be implemented at the project site. The objective of the control program shall be the elimination of invasive exotic plant species and the maintenance of a diverse association of native vegetation. The management plan shall reference the Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying invasive exotics on the project site. 16. A feral animal removal program shall be developed and implemented for the project site. 17. An archaeological survey shall be preformed for any area within the project site proposed for development prior to the commencement of proposed development activities in that area. All planned activities involving known archaeological sites or identified site areas shall be closely coordinated with the Department of State, Division of Historical Resources in order to prevent the disturbance of significant sites. A protection plan shall be developed and implemented in conjunction with the Division of Historical Resources for the protection of known historic sites located on the project site. 18. Sidewalk access shall be provided that links the project site with adjacent residential neighborhoods. 19. Bike racks shall be installed to provide an alternative to automobile transportation to the 07-054-FF7 Dec. 4, 2007 Reimbursement -11- Item # 4 Attachment number 1 Page 12 of 20 project site. 20. Management of the project site shall be coordinated with management of the adjacent Lake Chautauqua Park and the adjacent Boy Scouts of America camp. 21. A multi-use nature trail of at least 114 mile shall be provided on the project site. 22. The development and management of the project site shall be coordinated with the agencies managing the Landmark Trail, to ensure the project site is managed as part of a linked land-based trail system. 23. The development and management of the project site shall be coordinated with the agencies managing conservation lands in the Lake Chautauqua ecological corridor, to ensure the project site is protected and managed as part of an ecological corridor. IX. DECLARATION OF RESTRICTIVE COVENANTS REQUIREMENTS IMPOSED BY CHAPTER 259 AND CHAPTER 380, PART III, FLA. STAT. 1. Each parcel in the Project Site to which the Recipient acquires title shall be subject to a Declaration of Restrictive Covenants describing the parcel and containing such covenants and restrictions as are, at a minimum, sufficient to ensure that the use of the Project Site at all times complies with Sections 375.051 and 380.510, Fla. Stat.; Section lICe), Article VII of the Florida Constitution; the applicable bond indenture under which the Bonds were issued; and any provision of the Internal Revenue Code or the regulations promulgated thereunder that pertain to tax exempt bonds. The Declaration of Restrictive Covenants shall contain clauses providing for the conveyance of title to the Proj ect Site to the Board of Trustees of the Internal Improvement Trust Fund ("Trustees"), or a nonprofit environmental organization or government entity, upon failure to comply with any of the covenants and restrictions, as further described in paragraph 3. below. 2. The Declaration of Restrictive Covenants shall also restate the conditions that were placed on the Project Site at the time of project selection and initial grant approval. The Declaration of Restrictive Covenants shall be executed by FCT and the Recipient at the time of reimbursement of Proj ect Costs and shall be recorded by the Recipient in the county( s) in which the Project Site is located. 3. If any essential term or condition of the Declaration of Restrictive Covenants is violated by the Recipient or by some third party with the knowledge of the Recipient, the Recipient shall be notified of the violation by written notice given by personal delivery, registered mail or registered expedited service. The recipient shall diligently commence to cure the violation or complete curing activities within thirty (30) days after receipt of notice of the violation. If the curing activities can not be reasonably completed within the specified thirty (30) day time frame, the Recipient shall submit a timely written request to the FCT Program Manager that includes the status of the current activity, the reasons for the delay and a time frame for the 07-054-FF7 Dec. 4, 2007 Reimbursement -12- Item # 4 Attachment number 1 Page 13 of 20 completion of the curing activities. FCT shall submit a written response within thirty (30) days of receipt of the request and approval shall not be unreasonably withheld. It is FCT's position that all curing activities shall be completed within one hundred twenty (120) days of the Recipient's notification of the violation. However, if the Recipient can demonstrate extenuating circumstances exist to justifY a greater extension of time to complete the activities, FCT shall give the request due consideration. If the Recipient fails to correct the violation within either (a) the initial thirty (30) day time frame or (b) the time frame approved by FCT pursuant to the Recipient's request, fee simple title to all interest in the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, nonprofit environmental organization, the Florida Division of Forestry, the Florida Fish and Wildlife Conservation Commission, the Department of Environmental Protection or a Water Management District, who agrees to accept title and manage the Project Site. FCT shall treat such property in accordance with Section 380.508(4)(e), Fla. Stat. X. GENERAL OBLIGATIONS OF THE RECIPIENT AS A CONDITION OF PROJECT FUNDING 1. The interest acquired by the Recipient in the Project Site shall not serve as security for any debt of the Recipient. 2. If the existence of the Recipient terminates for any reason, title to the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, nonprofit environmental organization, the Florida Division of Forestry, the Florida Fish and Wildlife Conservation Commission, the Department of Environmental Protection or a Water Management District who agrees to accept title and manage the Project Site. 3. Following the reimbursement of Project Costs, the Recipient shall ensure that the future land use designation assigned to the Project Site is for a category dedicated to open space, conservation or outdoor recreation uses, as appropriate. If an amendment to the applicable comprehensive plan is required, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the Recipient subsequent to the reimbursement of Project Costs. 4. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the Recipient at the Project Site. 5. The Project Site shall permanently contain one sign, provided by FCT, recognizing FCT's role in the acquisition of the Project Site. The cost of shipping the sign shall be deducted from the FCT Award, as reflected on the grant reconciliation statement. For a Project Site where the FCT Award is divided into more than one closing, the cost of the sign shall be deducted from the grant reconciliation statement containing the first parcel to close. The sign shall be displayed at the Project Site within ninety (90) days of the final disbursement of the FCT award. A photograph of the sign installed at the Project Site shall be provided to FCT within the same ninety (90) day timeframe. 07-054-FF7 Dec. 4, 2007 Reimbursement -13- Item # 4 Attachment number 1 Page 14 of 20 XI. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF BOND PROCEEDS 1. FCT is authorized by Section 380.510, Fla. Stat. to impose conditions for funding on the Recipient in order to ensure that the project complies with the requirements for the use of Florida Forever Bond proceeds including, without limitation, the provisions of the Internal Revenue Code and the regulations promulgated thereunder as the same pertain to tax exempt bonds. 2. The Recipient agrees and acknowledges that the below listed transactions, events, and circumstances, collectively referred to as the "disallowable activities," may be disallowed on the Project Site as they may have negative legal and tax consequences under Florida law and federal income tax law. The Recipient further agrees and acknowledges that these disallowable activities may be allowed up to a certain extent based on guidelines or tests outlined in the Federal Private Activity regulations of the Internal Revenue Service: a. any sale or lease of any interest in the Project Site to a non-governmental person or organization; b. the operation of any concession on the Project Site by a non-governmental person or organization; c. any sales contract or option to buy or sell things attached to the Project Site to be severed from the Project Site with a non-governmental person or organization; d. any use of the Project Site by a non-governmental person other than in such person's capacity as a member of the general public; e. any change in the character or use of the Project Site from that use expected at the date of the issuance of any series of Bonds from which the disbursement is to be made; f. a management contract for the Project Site with a non-governmental person or organization; or g. such other activity or interest as may be specified from time to time in writing by FCT to the Recipient. 3. If the Proj ect Site, after its acquisition by the Recipient and/or the Trustees, is to remain subject to any of the disallowable activities, the Recipient shall provide notice to FCT, as provided for in paragraph V.I., at least sixty (60) calendar days in advance of any such transactions, events or circumstances, and shall provide FCT such information as FCT 07-054-FF7 Dec. 4, 2007 Reimbursement -14- Item # 4 Attachment number 1 Page 15 of 20 reasonably requests in order to evaluate for approval the legal and tax consequences of such disallowable activities. 4. In the event that FCT determines at any time that the Recipient is engaging, or allowing others to engage, in disallowable activities on the Project Site, the Recipient shall immediately cease or cause the cessation of the disallowable activities upon receipt of written notice from FCT. In addition to all other rights and remedies at law or in equity, FCT shall have the right to seek temporary and permanent injunctions against the Recipient for any disallowable activities on the Project Site. DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT AND OTHER GOVERNMENTAL BODIES, NONPROFIT ENTITIES OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIEVE THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. XII. RECORDKEEPING; AUDIT REQUIREMENTS 1. The Recipient shall maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. These records shall be available at all reasonable times for inspection, review or audit by state personnel, FCT and other personnel duly authorized by FCT. "Reasonable" shall be construed according to the circumstances, but ordinarily shall mean the normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. 2. If the Recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat., the applicable rules of the Executive Office of the Governor and the Comptroller and Chapter 10.550 (local government entities) or Chapter 10.650 (nonprofit organizations), Rules of the Auditor General. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from FCT, other state agencies and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements. The funding for this Agreement was received by FCT as a grant appropriation. In connection with the audit requirements addressed above, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Fla. Stat. This includes submission of a reporting package as defined by Section 215.97(2)(d), Fla. Stat. and Chapters 10.550 (local government entities) or 10.650 (nonprofit organizations), Rules of the Auditor General. 07-054-FF7 Dec. 4, 2007 Reimbursement -15- Item # 4 Attachment number 1 Page 16 of 20 3. If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat. is not required. If the Recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat., the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from Recipient funds not obtained from a State entity). 4. The annual financial audit report shall include all management letters, the Recipient's response to all findings, including corrective actions to be taken, and a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and agreement number. Copies of financial reporting packages required under this Article shall be submitted by or on behalf of the Recipient directly to each of the following: Department of Community Affairs (at each of the following addresses): Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 State of Florida Auditor General at the following address: Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 5. If the audit shows that any portion of the funds disbursed hereunder were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to FCT of all funds not spent in accordance with the applicable regulations and Agreement provisions within thirty (30) days after FCT has notified the Recipient of such non- compliance. 6. The Recipient shall retain all financial records, supporting documents, statistical records and any other documents pertinent to this Agreement for a period of five (5) years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the five-year period, the records shall be retained until the litigation or audit findings have been resolved. 7. The Recipient shall have all audits completed in accordance with Section 215.97, 07-054-FF7 Dec. 4, 2007 Reimbursement -16- Item # 4 Attachment number 1 Page 17 of 20 Fla.Stat. performed by an independent certified public accountant ("IP A") who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IP A shall state that the audit complied with the applicable provisions noted above. XIII. DEFAULT; REMEDIES; TERMINATION 1. If the necessary funds are not available to fund this Agreement as a result of action by the Florida Legislature or the Office of the Comptroller, or if any of the events below occur ("Events of Default"), all obligations on the part of FCT to make any further payment of funds hereunder shall, if FCT so elects, terminate and FCT may, at its option, exercise any of its remedies set forth herein, but FCT may make any payments or parts of payments after the happening of any Events of Default without thereby waving the right to exercise such remedies, and without becoming liable to make any further payment. The following constitute Events of Default: a. If any warranty or representation made by the Recipient in this Agreement, any previous agreement with FCT or in any document provided to FCT shall at any time be false or misleading in any respect, or if the Recipientshall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with FCT and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; b. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with FCT, and the Recipient fails to cure said material adverse change within thirty (30) days from the date written notice is sent to the Recipient by FCT; c. If any reports or documents required by this Agreement have not been timely submitted to FCT or have been submitted with incorrect, incomplete or insufficient information; or d. If the Recipient fails to perform and complete in timely fashion any of its obligations under this Agreement. 2. Upon the happening of an Event of Default, FCT may, at its option, upon thirty (30) calendar days from the date written notice is sent to the Recipient by FCT and upon the Recipient's failure to timely cure, exercise anyone or more of the following remedies, either concurrently or consecutively, and the pursuit of anyone of the following remedies shall not preclude FCT from pursuing any other remedies contained herein or otherwise provided at law or in equity: a. Terminate this Agreement, provided the Recipient is given at least thirty 07-054-FF7 Dec. 4, 2007 Reimbursement -17- Item # 4 Attachment number 1 Page 18 of 20 (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph V.2. herein; b. Commence an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or any part of the FCT Award; d. Exercise any corrective or remedial actions, including, but not limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance or issuing a written warning to advise that more serious measures may be taken if the situation is not corrected; or e. Exercise any other rights or remedies which may be otherwise available under law, including, but not limited to, those described in paragraph IX.3. 3. FCT may terminate this Agreement for cause upon written notice to the Recipient. Cause shall include, but is not limited to: fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; failure to make significant progress toward Project Plan and Management Plan approval; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. Appraisals, and any other reports relating to value, offers and counteroffers are not available for public disclosure or inspection and are exempt from the provisions of Section 119.07(1), Fla. Stat. until a Purchase Agreement is executed by the Owner( s) and Recipient and conditionally accepted by the Trust, or if no Purchase Agreement is executed, then as provided for in Sections I25.355(I)(a) and I66.045(I)(a), Fla. Stat. 4. FCT may terminate this Agreement when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds by providing the Recipient with thirty (30) calendar days prior written notice. 5. The Recipient may request termination of this Agreement before its Expiration Date by a written request fully describing the circumstances that compel the Recipient to terminate the project. A request for termination shall be provided to FCT in a manner described in paragraph V.I. XIV. LEGAL AUTHORIZATION 1. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive funds to be provided under this Agreement and that, if applicable, its 07-054-FF7 Dec. 4, 2007 Reimbursement -18- Item # 4 Attachment number 1 Page 19 of 20 governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind the Recipient to the terms of this Agreement. XV. STANDARD CONDITIONS 1. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict and shall be severable, but shall not invalidate any other provision of this Agreement. 2. No waiver by FCT of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of FCT hereunder, or affect the subsequent exercise of the same right or remedy by FCT for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to FCT under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. 3. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,42 U.S.c. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. 4. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit lease bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. 5. No funds or other resources received from FCT in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. This Agreement embodies the entire agreement between the parties. 07-054-FF7 Dec. 4, 2007 Reimbursement -19- Item # 4 Attachment number 1 Page 20 of 20 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. CITY OF CLEARWATER FLORIDA COMMUNITIES TRUST By: Print Name: Title: Date: By: Janice Browning, Division Director Housing & Community Development Date: Approved as to Form and Legality: By: Print Name: Approved as to Form and Legality: By: Kristen L. Coons, Trust Counsel 07-054-FF7 Dec. 4, 2007 Reimbursement -20- Item # 4 Meeting Date: 12/17/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract (purchase order) for $450,738.00 to Duval Ford of Jacksonville, Florida for eighteen (18) Ford Crown Victoria Police Cruisers in accordance with Sec 2.564(1)(d), Code of Ordinances - Other governmental bid, authorize lease purchase under the City's Master Lease Purchase Agreement and authorize appropriate officials to execute same. (consent) SUMMARY: These automobiles will be purchased through the Florida Sheriffs Association & Florida Association of Counties Contract #07 -15-0827 These automobiles are included in the Garage CIP Replacement List for Budget Year 07/08 and replace G2067, G2074, G2081, G2227, G2238, G2391, G2392, G2519, G2522, G2523, G2524, G2525, G2526, G2528, G2533, G2537, G2592, G2687. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Purchase Yes Budget Adjustment: None $70,314.75 Annual Operating Cost: Total Cost: $93,753.00 $450,738.00 2007 to 2008 Appropriation Code 0316-94234-564100-519- 000-0000 Bid Required?: Other Bid / Contract: Amount $450,738.00 Appropriation Comment LIP CIP No FL Sheriffs' & FL Counties' Contract #07- 15-0827 Bid Number: Bid Exceptions: None Review Approval: 1) Financial Services 2) Financial Services 3) Office of Management and Budget 4) Solid Waste/General Support Services 5) Financial Services 6) Financial Services 7) Office of Management and Budget 8) Legal 9) Clerk 10) Assistant City Manager ED 11) Clerk 12) City Manager 13) Clerk 14) Assistant City Manager ED 15) Clerk Cover Memo Item # 5 0) (,) c 0) I- ~ ~ o --- 0000 ~"<I:OO NOON I'--NIJ')OO O>IJ')NIJ') "<t(") '-' IJ') IJ') IJ') COCO I'-- IJ') CO - ~ o I- > 0) ..c o 0000 IJ') IJ') o "<to 0 IJ') 0> 00 NCO I'-- CO NIJ') 001'--0> o IJ')N IJ')CO 0 0(") IJ') N N o o "E o LL ..- "<t o IJ') N c o :;::::; Cl.. .C (,) CI) 0) o - CI) o _0 cO) - 0)0l ~ E c arO .9- ~ 0...1- ~ ~ 5- 0 ~ 0.. w '-0- .~_ ~ 0) C LUS2 0) O(\l O(\l..c CI):;::::; co... c 0) (\l ~ 0 I- 0 > ..c .C ~ ..9:2 ~ ~.c"'O(\l"'O~ ::J (\l"'O 0)"'0 0 o...LL<(O<(1- Attachment number 1 Page 1 of 1 o ~ I'-- .... o .... o 0) II) II) 1'--_ .... II) "<t o o o ~ co M I'-- o II) "<t ..- "<t o IJ') N ~ (\l o 00 I- .E (\l - o I- Item # 5 Meeting Date: 12/17/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a Contract (Purchase Order)to Ring Power of Riverview, FL for the purchase of one Caterpillar MT525B Tractor with Challenger slope mower at a cost of $117,950.00 in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid, authorize lease purchase under City's master lease purchase agreement and authorize appropriate officials to execute same. (consent) SUMMARY: This slope mower is included in the Garage CIP Replacement List for Budget year 06/07 and will be used by the Storm Water group within Public Services. The slope mower will be purchased through the Florida Sheriff's Association Contract # 06-14-0812. The mower portion of G2372 has outlived its useful life. The tractor has the capability of operating for several more years. Fleet will remove the mower attachment and place this tractor in our pool for backup to several Department operations including the beach rake program. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0316-94234-564100-519- 000-0000 Purchase Yes Budget Adjustment: None $24,533.60 Annual Operating Cost: Total Cost: $20,623.00 $45,156.60 2007 to 2008 Amount $117,950.00 Appropriation Comment LIP CIP Review Approval: 1) City Manager 2) Clerk 3) City Manager 4) Clerk Cover Memo Item # 6 Meeting Date: 12/17/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Accept a perpetual Submerged Lands Easement to encumber a 15,000 square foot portion of those submerged lands abutting the easterly terminus of Bay Esplanade and the City's Clearwater Beach Recreation Center property, situated in the Southwest 1/4 of Section 5, Township 29 South, Range 15 East as conveyed by Bayesplanade.com., LLC, a Florida limited liability company in consideration ofreceipt of $1.00 and the benefits to be derived therefrom. (consent) SUMMARY: The existing concrete boat ramp extending into Clearwater Harbor from the easterly terminus of Bay Esplanade was constructed in the 1950's. Over the years a steep drop-off has developed at the end of the ramp due to tidal and wave scour action. The advanced ramp deterioration and steep drop-off prompted the Marine and Aviation Department to brief! y close the ramp for public safety. Continuing temporary repairs and operational signage have allowed the ramp to be reopened for cautionary public use pending permanent reconstruction the City proposes to undertake by establishing the Clearwater Beach Recreation Center Boat Ramp capital improvement project at first quarter. The existing boat ramp structure extends into a small portion of the 33.628 acres of submerged lands acquired by Bayesplanade.com, LLC (the "Grantor") in 2006 by Quit-Claim Deed. Grantor's conveyance of the subject easement rights establishes perpetual authority extending 100 feet into Clearwater Harbor for the City to reconstruct the boat ramp, as well as maintain and replace when necessary, a small dock extending into the harbor from the City's Clearwater Beach Recreation Center. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 7 I Attachment number 1 Page 1 of 3 Return to: Earl8arretl: Engineering Department City (If Cl$a~r . P. O. Box 4748 Clearwater. Fl. 33758-4748 ~ SUBMERGED LANDS EASEMENT I FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00). cash in hand paid, the receipt of which is hereby acknowledged, BAYESPLANADE.CO~, LLC., a Florida limited liability company, 627 Bay Esplanade, Clearwawr, FI. 33767 (herein I'Grantor") does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida' municipal corporation, on behalf of the public in general (herein "Grantee';), perpetual easement over, under and across the following parcel, lying and being situate in the County of Pinellas, State of Florida, to-wit: A parcel of submerged lands lying within fractional Section 5, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Southeast corner of a portion of Lot 4, Block 87, MANDALA Y REPLA T UNIT 5, as recorded in Plat Book 20, Page 48, public records of Pinellas County, Florida~ said point being the Point of Beginning and the northerly riparian line or limits of lands riparian to said upland, also being the terminus with the waters of Clearwater Harbor of the northerly right-of-way line of lands conveyed to Grantee in that certain Deed recorded in Deed Book 715, Page 323 of the public records of Pine lias COUhty, Florida, said lands now being identified as Bay EsplanadEt road right..of-way; thence run easterly along submerged lands extending from said point, 100 feet; thence run southerly along submerged lands being riparian to an~ lying along a line 1()0 feet easterly and parallel to both the terminus of. Bay Esplanade and the easterly upland boundary of that parcel of land in which title vests in Grantee, said parcel being identified for tax purposes as Pinellas County parcel 05-29-15-00000-330-0100, a distance of 150 feet; thence run westerly parallel to the north right..of-way line of Bay Esplanade, as extended, a distance of 100 feet to a poi~t of connection with the easterly upland boundary of the above. referenced Grantee parcel, thenc~ run northerly along said easterly upland boundary line of Grantee Parcel and the upland terminus of Bay Esplanade, 150 feet to the point of beginning, containing 15,000 square feet, more or less, and being depicted in EXHIBIT . "An appended hereto and by this reference made a part hereof. . Grantor conveys this easement to Grantee for reconstruction of a boat ramp at the easterly terminus of Bay Esplanade, for other water dependent activities, and for development of public marine recreational improvements and facilities as Grantee may deem de~irable and in the public interest, and as may be permitted by law. C:\Oocuments and Settings\WilJiam Blackwood\Local Settings\Temporary Internet Files\Content.IE5\YFQWZ216\BAYE$PLANADE.COM SUBMERG LANDS EAS 11.07.07HH.doc Item # 7 Attachment number 1 Page 2 of 3 Grantee shall have the right to enter upon the above described easement premises and to construct, install and maintain therein said boat ramp and other permitted improvements and facilities, and to inspect, alter and replace same from time to time as Grantee deems necessary. In consideration of the rights granted herein, Grantee, together with all. of its employees, contractors, agents, invitees and designees agree that all persons entering upon the Easement by virtue of rights and privileges granted herein shall do so at their own risk. To the extent permitted by Florida Statutes 768.28, Grantee agrees to hold Grantor harmless from and against claims, demands, actions, judgments, injuries, damages, costs and expenSes, including attorney's fees, resulting from or related to use of the Easement by Grantee, all of its employees, contractors, agents, together with any and all.parties acting for or on behalf of Grantee. However, nothing contained herein Shall be construed to waive or modify the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be construed as consent by the Grantee to be sued by third parties in any manner arising from this grant of Easement, or as a waiver of sovereign immunity as applicable. Grantor accepts no liability whatsoever for any claims for personal injury or property damages of any nature in connection with this grant of Easement. Grantor hereby warrants and covenants (a) that Grantor is the owner of the fee simple estate in and to the premises in which the above-described easement is located; (b) that Grantor has full right and lawful authority to grant and convey this easement to Grantee . and, (c) that Grantee shall have quiet and pea~ful possession, use and enjoyment of this easement. All obligations and benefits, both explicit and implied, together with the covenants, terms, provisions and conditions herein contained shall inure and extend to, and be obligatory upon the successors and assigns of the respective parties. . The easement herein granted herein shalf run with the land. It is intended to bind the Grantor's property and to benefit the Grantee until such time as the use of the easement premises is abandoned by Grantee, or upon termination by mutual agreement of the parties. Each person, firm or entity accepting a conveyance of the Grantor's property or any portion thereof, shall be bound by the terms, provisions and conditions of this Grant of Easement, as if said person, firm or entity were original parties hereto. C:\Documents and Settings\William Blackwood\Locaf Settings\Temporary Internet Files\Content.IE5\YFQWZ216\BAYESPLANAOE.COM SUBMERG LANDS EAS 11.07.07HH.doc Item # 7 . Attachment number 1 Page 3 of 3 IN. WITNESS WHEREOF, the. GRANTOR has caused these presents to be duly . exerted by its pr~orized and its seal to be hereunto affixed, this . . q day of , 2007. L By: SA YESPLANADE.COM, LLC, a Florida limited lia company ~~ William H. Bla Managing Member WITNESS Signature 'P~~(A- 4.Q.,I,'Ce.k Witness' Printed Signature WITNESS Signature Witness' Printed Signature ( STATE OF FLORIDA COUNTY OF PINELLAS The fore oing instrument was acknowledged before me this 3. day of , 2007 by William H. Blackwood, as Managing Member of BAYESPLANADE.COM. LLC, whom, being duly authorized, did execute the foregoing instrument on behalf of said)irriited liability company for the uses and purposes described h~e. in, a is ho - [vr is pe onaUy known by me, or who I ] did provide - 't. . as identification. : as Notary Public - ~e of Florida Type/print name fr"t-f'U.c" A A- ~ e.,,4 ec {~ . My commission expires: NOThRY PUllllC.m.TE OF FLOlUD6 .."',,111........,... PATRlClA A." CHEEK. (~ ~ Commission IDD609981 ~l Jim.-' DiC. 15. 2010 ~"~CaoamDiG._ C:\Documents and SettinQs\Wllliam Blackwood\Local Settings\Temporary Internet Files\Content.IE5WFQWZ216\BAYESPLANADE.COM SUBMERG LANDSEAS 11,07.07HH.doc Item # 7 Scale 1" 200' This is not a survey ~ uu ROYAL EXHIBIT "A" ~ NORTH ESPLANADE w () OJ );> > -<. -<. w <( \J :::> tr~ 't-- :;0 z c w ~\> r.f) > <( ~ c't-- tr JUANITA WAY JUANITA WAY <( i= ~ I- W \J (f) ~ .. z ~ is f'l 0... );> 0 f'l BAY ESPLANADE CLEARWA TER BEACH REC. COMPLEX >- <( -1 <( o z <( ~ l BELLE HARBO R Submerged Lands E asemen t ~ ej ~ ej ~ ~ ~ (J1 o. Attachment number 2 Page 1 of 1 ~ Ql ~ ~ ej G CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT LEGAL SKETCH 100' x 150' E. B:'~:ETT BA Y ESPLANADE Ite 10/19/2007 SUBMERGED LANDS EASEMENT 5-29S-15E O. KING GIll@ # 258A Attachment number 3 Page 1 of 1 N W~b~E ~~ S City of Clearwater Engineering Department Blackwood Submerged Lands Easement Drawn By: S.F. 258A Date: 11/26/07 Scale: N.T.S. Reviewed By: E.B. S - T - R 5-29S-15E Grid # Item # 7 Meeting Date: 12/17/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a work order to Owen Ayres and Associates, Inc. (EOR) in the amount of $140,000.00 for professional engineering services related to the design of the new Clearwater Beach Recreation Center Boat Ramp and establish the capital improvement program (CIP) project 03l5-93408,Clearwater Beach Recreation Center Boat Ramp Replacement in the amount of $700,000 from the unappropriated retained earnings of the General Fund. (consent) SUMMARY: This work order is for the design and preparation of the construction plans and bid documents for the replacement of the existing concrete boat ramp located at the east end of Bay Esplanade and adjacent to the Clearwater Beach Recreation Center. The existing boat ramp was constructed in the mid 1950's and is heavily used by the boating public. In recent years, a steep drop-off has developed at the end of the concrete ramp due to tidal and wave scour action. This scour has undermined the ramp embankment causing the concrete slabs to shift and drop. This advanced deterioration of the ramp as well as the steep drop-off prompted the Marine and Aviation Department to close the ramp for public safety. Due to citizen requests to reopen the boat ramp, temporary repairs were completed and operational signage installed. The boat ramp was reopened to the public and is inspected daily. Additional temporary repairs are completed as needed to keep the boat ramp operational. The design of the new boat ramp will incorporate additional submerged land extending the boat ramp further east into Clearwater Harbor thereby eliminating the drop-off. A perpetual submerged lands easement sufficient for construction and future maintenance of the ramp has been obtained. Owen Ayres and Associates, Inc. will prepare final construction plans, technical specifications and bid documents for the replacement boat ramp based on the following work elements: Sea-grass survey, ecological investigation report, hydraulic evaluation, and wave action criteria. Conceptual engineering study and plans' submittal for City review and approvals at 30%, 60% and 90% stages of design. Preparation of Engineer's construction cost estimate at 30%, 60% and 90% stages of design. Construction materials and costs will be monitored throughout the design process. Preparation and submittal of all necessary permit applications including SWFWMD, DEP, ACOE, Coast Guard, and Pinellas County, as well as resolving all permit agency requests for additional information until final permit approvals. All other work necessary and incidental to the completion of the project during the final design phase including an updated and detailed Engineer's construction cost estimate at 100% stage of design. Owen Ayres and Associates, Inc. is one of the City's Engineers-of-Record and this work order was negotiated in accordance with the Consultants Competitive Negotiations Act. The City of Clearwater Marine and Aviation Department will own, operate, inspect and maintain the new boat launch facility. Funding for this project will be provided by a first quarter budget amendment to establish CIP project 0315-93408, Beach Recreation Center Ramp Replacement, in the amount of $700,000 from the unappropriated retained earnings of the General Fund. Cover Memo Type: Current Year Budget?: Other None Budget Adjustment: Yes Item # 8 Budget Adjustment Comments: See "Summary" section. Current Year Cost: Not to Exceed: For Fiscal Year: Annual Operating Cost: Total Cost: to Appropriation Code 0315-93408-561300-575- 000-0000 Amount $140,000.00 Appropriation Comment 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 # 8 Work Order Initiation Form CLEARWA TER BEACH RECREA TlON CENTER BOA TRAMP REPLACEMENT WORK ORDER INITlA TlON CHECKLIST Date Reviewed To Richard R. Ha Stephanie S. Sansom William D. ne & A viatio Director P & R Assista Director Public S Director Public S . tant Director Bldg. Constructio Manager truction Project Coordinator Public Utilities Director City Project Manager Art R. Kad Gary A. Johnson Ray D. Boler Perry Lopez Tara L. Ki Tracy Chris Focsan 1 Attachment number 1 Page 1 of 7 Item # 8 Attachment number 1 Page 2 of 7 Work Order Initiation Form AYRES ASSOCIATES CITY OF CLEARWATER ENGINEERING DEPARTMENT AYRES ASSOCIATES WORK ORDER INITIATION FORM Date: July 26, 2007 Project Number: City Project Number: OO-OOOO-EN 1. PROJECT TITLE: CLEARWATER BEACH RECREATION CENTER BOAT RAMP REPLACEMENT 2. SCOPE OF SERVICES: This work order is for the design and preparation of the construction plans and bid documents for the replacement of the existing boat ramp with a new concrete boat ramp in accordance with the existing site conditions, concept plans and other supporting plans and documents from the Engineering Department. The following desiGn phase services are anticipated as part of the work order: Preliminarv DesiGn Phase . The City will perform site and bathymetry surveys. . Plans' submittal for City review and approvals at 30% preliminary design. . Preparation of Engineer's construction cost estimates at 30% stage of design. . Being proactive in monitoring materials and construction costs throughout the design process to minimize differences between the Engineer's estimate and construction bids. DesiGn Phase . Construction plans and details. . Preparation & submittal of required permit applications and ecological investigations. . Determination of wave action criteria to be used in the design of the boat ramp. Methodology will be based on either, the Army COE shore protection manual or by using an existing hydraulic model available from the regulatory agencies. . Plans' submittal for City review and approvals at 60% and 90% stages of design. . Preparation of detailed Engineer's construction cost estimates at 60% and 90% stages of design Final DesiGn Phase: . Preparation of technical specifications and construction documents. . Prepare and update the detailed Engineer's construction cost estimates at 100% stage of design. BiddinG Phase . Respond to RFI during bidding phase. . Attend pre-bid meeting with the City. . Prepare addenda, if required. . Review bids for compliance with contract documents. 2 Item # 8 Attachment number 1 Page 3 of 7 Work Order Initiation Form Construction Phase . Perform the necessary project management, coordination and administration functions. . Services during construction will be authorized under a separate work order based on the requirements of the City. 3. PROJECT GOALS: Project goals are to provide a functional and durable design for a new boat ramp in Clearwater Beach at the Recreation Center. 4. BUDGET: For the professional services included in the scope of services above, Ayres Associates will be compensated with a Lump Sum in the amount of $140,000. The proposed fee includes all labor and expenses anticipated to be incurred by Ayres that is summarized in Attachment 'A". Permit application fees will be paid by Ayres and invoiced to the City as a reimbursable expense. 5. SCHEDULE: Time is of essence for the City of Clearwater, therefore permit submittals, responses to the regulatory permit agency requests for additional information, final permit approval, technical specifications, construction plans and bid documents, shall be completed within 365 calendar days from the Notice to Proceed. The project format & deliverables included in Attachment "B", are to be phased as follows: Field survey and bathymetry ( by City) Seagrass survey (by Ayres) 30% Preliminary construction plans 60% Construction plans, permit applications, and permit agency Requests For Additional Information (RFAI) 90% Construction plans, and final permit approval Final construction plans and bid documents 30 calendar days from NTP 30 calendar days from NTP 60 calendar days from NTP 150 calendar days from NTP 300 calendar days from NTP 365 calendar days from NTP 6. STAFF ASSIGNMENT: Nizar K. Jetha, PE, Ayres Principal-in-Charge Hisham N. Sunna, Ph.D., PE, Ayres Project Manager Zia Hosseinipour, Ph.D., PE, Ayres, Hydraulics Engineer Steve Laney, PE, Ayres Structural Engineer Chris Focsan, Civil/Structural Eng. Specialist III, City Project Manager Perry Lopez, Construction Manager (during construction phase) 7. CORRESPONDENCE/REPORTING PROCEDURES: - Ayres Associates' project correspondence shall be directed to Hisham Sunna, Ph.D., P.E., Ayres Project Manager. - All City's project correspondence shall be sent to Chris Focsan, Civil/Structural Eng. Specialist III, City Project Manager. - Copies of all City's project correspondence shall be sent to Michael D. Quillen, P.E., City Engineer, and Perry Lopez, Construction Manager, during construction phase. 3 Item # 8 Attachment number 1 Page 4 of 7 Work Order Initiation Form 8. INVOICING/FUNDING PROCEDURES: Invoices shall be submitted monthly to the City of Clearwater, Attention: Marty Pages, Administrative Analyst, Engineering, P.O. Box 4748, Clearwater, Florida 33758-4748, for work performed. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Expenditure Code: 9. ENGINEERING CERTIFICATION: Ayres Associates shall maintain its Certificate of Authorization to do current business in the State of Florida throughout the duration of this Work Order, and shall sign and seal all documents prepared by Ayres Associates in accordance with Florida Statutes and rules. To be included only if Ayres as Engineer of Record is performing construction inspection and post desiqn services: - I hereby certify that all facilities have been built substantially in accordance with the approved permit design plans and that any substantial deviations (described in attachment) will not prevent the system from functioning in compliance with the requirements of applicable regulatory authority. This certification shall apply equally to any further revision and/or submittal of plans, computations, or other project documents that I may subsequently tender. 10. SPECIAL CONSIDERATIONS: The project will be coordinated with the City of Clearwater Engineering/Production Department and "Ayres Associates". Chris Focsan will act as the Project Manager and project coordinator for the City of Clearwater, respectively Hisham Sunna as the Project Manager and project coordinator for Ayres. 11. PROJECT COM PLETION REPORT: Required for this project. Include format and all deliverables for the project as per City of Clearwater requirements included in Attachment "B". 12. OPTIONAL SERVICES: Upon approval of funding the City may authorize Ayres Associates to perform the following: - Geo-technical Soil Investigation Report. - CEI and post-design professional services. 4 Item # 8 Work Order Initiation Form PREPARED BY: APPROVED BY: Nizar K. Jetha, P.E. Senior Vice President Ayres Associates Michael 0. Quillen, P.E. City Engineer City of Clearwater Date Date 5 Attachment number 1 Page 5 of 7 Item # 8 Attachment number 1 Page 6 of 7 Work Order Initiation Form ATTACHMENT "A" CITY OF CLEARWATER CLEARWATER BEACH RECREATION CENTER BOAT RAMP REPLACEMENT PROJECT BUDGET AYRES ASSOCIATES Sub-consultant Task Description Services Labor Total 1.0 Preliminary Phase 1.1 Kick-otrMeeting & Site Visit $2,000 1.2 Site & Bathymetry Surveys City $0 1.3 Seagrass Survey, Ecological Investigation, Mitigation Issues $15,000 1.4 Wave Design Criteria & Available Hydraulic Data Research $5,000 1.5 Geo-technical Soil Investigation Report TED $0 1.6 30% Preliminary Design & Constr. Cost Estimate $10,000 1.7 Task Allowance (10%) $3,200 $35,200 2.0 Design Phase 2.1 60% Design - Construction Plans & Cost Estimate $18,000 2.2 Permit Applications, Permit Services including RFAl $30,000 2.3 Hydraulic Evaluation and Wave Action $15,000 2.4 90% Design & Construction Cost Estimate, Specs $13,000 2.5 Task Allowance (10%) $7,600 $83,600 3.0 Final Design Phase 3.1 Final Construction Plans & Bid Documents $5,000 3.2 Final Construction Cost Estimate $1,500 3.3 Review Fees & Final Permit Approval $5,500 3.4 Task Allowance (10%) $1,200 $13,200 4.0 Bidding Phase 4.1 Pre-bid Conference & Bidders' RFI $3,000 4.2 Task Allowance (10%) $300 $3.300 5.0 Construction Phase 5.1 Pre-const. Conf. & Progress Meetings (4 @ $500 per Mtng.) $2,000 5.2 Contractor's RFl $1,000 5.3 Shop Drawing Review & Approval $1,000 5.4 CEI services to be determined during the construction phase TED $0 5.5 Task Allowance (10%) $400 $4,400 Subtotal, Labor and Subcontractors $139,700 Other Direct Costs (reproduction, mylars, shipping / postage, etc) $300 Grand Total $140,000 6 Item # 8 Attachment number 1 Page 7 of 7 Work Order Initiation Form ATTACHMENT "B" CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM CITY FORMAT & DELlVERABLES FORMAT The design plans shall be compiled utilizing 2.!1.!!!. of the following two methods: 1. City of Clearwater CAD standards. 2. Pinellas County CAD standards. Datum: - Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical), and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. DELlVERABLES - The design plans shall be produced on vellum or bond material, 24" x 36" at a scale of 1" = 20' unless approved otherwise. Upon completion Ayres shall deliver all drawing files in digital format with all project data in Land Desktop 2000 or later format, including all associated dependent files. NOTE: If approved deviation from Clearwater or Pinellas County CAD standards are used, Ayres Associates shall include all necessary information to aid in manipulating the drawings including PCP, CTa file, or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Tom Mahony, at 727-562-4762 or email address y All electronic files must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. 7 Item # 8 Meeting Date: 12/17/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Accept a Drainage and Utility Easement over, across and under a portion of Lot 1, Block B, BA YSIDE SUBDIVISION NO.5, containing 106.51 square feet, more or less, conveyed by Center Family Limited, a Florida limited partnership ("Grantor"), given in consideration ofreceipt of $1.00 and the benefits to be derived therefrom. (consent) SUMMARY: The intersection of South Gulfview Boulevard and Bayway Boulevard is subject to periodic stormwater runoff ponding. To provide relief, the City proposes to install a new inlet on South Gulfview near the north driveway entrance to the Hess station and connect it to the City stormwater system through a l2-inch diameter line. Grantor's conveyance of the subject easement provides the City sufficient right-of-way across a small comer of the Hess property to accomplish this drainage improvements. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 9 . .iiE Attachment number 1 Page 1 of 4 . . (;}" ,,;.,~~h"'t;~~~;~.;~~~~:~! :~~ ~~:.tt~*~~~. :.~~";:./;:-.i~;~~~q ~i,~< ~ .":~ ~{~: ~ ..::~}~: ~S~.l . . . ~ #9 ~ Attachment number 1 Page 2 of 4 . . . . ~~;.r-r~~: t~r~r\'(2(s~~;i:t'7!.~'" t- . r,(~~~~;_~ f.. :.? ~ r< ~~; ~ .~:J; ~;' ~ .~~ ~~ ,;y ~ ':-~ ~, . #9 . L- . - - --- --~ Attachment number 1 Page 3 of 4 .,~;. :.~- }~.~(;:"~;~~t:::r;...z~;~ _"" ~~.r.:i...:...~.:;r.:.; ".~, .... ,~ : -" -,."\ _....:~~~ .~>t.\~'" ~~~<.::~.';~..":".. -; ~~J~~~~;~.:': .I/~.,,\.:.(:.r.-:-~~.~:~ ..: -:4; f/o/:<;f:'::;,'/.-f..:;>f.\"";" '~J(-"?{; ,_.' '; r~';o'~-s'"i-' "~kF'c'}~' .~L<<~.<<h~~t~1".~ i&.~;6;/;,. ~"@h ~k~TIJ~~\~~*~;~~{~tW~h1~;<<~~f?h ~:~~;f\~~~~~;:&Wj~f-(,.,,~~,.-.: '" '_! ~~'~;i~}ff~~M~;~~~J#*f.~Th~t~~{~f*~~':~ 1;).,~~""__'~)'~'~?_~~'\.P .'...."."~~...;~t-;'.J... :.~'."t1Ir~'ir~~~:.r~3~_':'.l""'~' '.(t>.j,,/J.o;< '~~*ff~~t~~f.t:~~~;~~~0\:~~{~~zn~}~<tJ~f~r~J.~<u;, ~;.:JjJt,:;~, -~;~.~ "';A~)~~/~.~;,~~~~ ~;;'~kJ/':~ " .~A!.~~Gt~;)~~ . . _lBIIIIL.mnmll . 5:: ~_~~._ ~.. ~'~ !~;'~~~ r':.~{:~::~I~~(:.:. :)" ~ .~t~-: :.~:.,:~?(~ .~.~~~: .:: .~r-:"~~~~~ ~.. . I:~...~~. ~x,,;,z;..:t. ~ ~: ~~;).:.~.\~~;;, ;."t.f.~~.~ i.~ ~._~~~~f~~. ~..' IIm#9 . . ~ . Attachment number 1 Page 4 of 4 ,- y I .!I!!~- &.~ ~- ~-~ - Ih!1 ~l.l~ ~~ 3~'i '~'~~~j jDsrh'hi~;n?,X;~ ~~~l~.~..~~~r"~ i~~\.:~A ~^0":~I_~~ , 118611 . , . rI~ 55 Attachment number 2 Page 1 of 1 DR BAYSIDE 0/(9 q,*q~ &r 1::::\ ii I ii! ii! ii! ii I ii i ii i ii! ii! ii! lU /:;:::....~';. ii '~,. .Ii '<> Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com N W~E Center Family Partnership S Drawn By: SAF 285A Reviewed By: EB Scale: N.T.S. 17-29s-15e Date: I erTPqvre Grid # S-T-R Meeting Date: 12/17/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Accept a perpetual 638 square foot Electric Utility Easement over, across and under a portion of Lot 6, Block 14, GOULD AND EWING'S 1 ST ADDITION TO CLEARWATER HARBOR conveyed by Scott Mortgage, Inc. in consideratin of receipt of $1.00 and the benefits to be derived therefrom. (consent) SUMMARY: Utility lines along Cleveland Street were buried during construction of the City's Cleveland Street Streescape project. Underground utilities at the northeast corner of East A venue and Cleveland Street prohibited public right -of-way connection of a Progress Energy power supply pedestal on East Avenue to the City's electrical load center facing Cleveland Street. Conveyance of the subject easement grants the City authority to place a direct subsurface electrical connection of the load center with the power supply without need to place an additional power pole at the corner. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 10 ~ ....l . . . . . - _ _ -=-=->> . Attachment number 1 Page 1 of 4 - ~ . . . . . ~ ~::-' f~~". :(r ~~(~~~ ~.:: .\~ .~';. !~f;:;.*;.~i;ff:~~?\~\:q~~~:r~~ ...:1fJ~\~~f~ . - . ...:- - . - - - - - - -.. "1'11 Y,,",'- ~-- -." -~"'''.'~_';'''i'~'~_.~~~.J-'~-'~ <-.~ . I ""';--''''-''':~<;:='~'~''~'~-K-' ",,- ,-- r'- ~ J .' I~' ,'.)';~" d~;(..I'_ ,;. I ~':-"Y"'" ~".' < L ~;JY;~~~il~_ _ . . . ".. - - - = - -= - - - -~:.. ~I . ~ I Item # 10 . .- -. I · . . - - - - --: . Attachment number 1 Page 2 of 4 ~ >t~{'~ ~r;:t.~i2t~~~ ~~ ;~.~.~.~~~~:~~ lJ: - pst! . ~ . B) ~r!~ -~ ~~.~.~::.~i/t:~ ~:~.J>,~ r~11~~/.~(?~~:. . Item # 10 . - - - - ". - . . Attachment number 1 . Page 3 of 4 . . . - . . - . . . . . . I - .~~.: ~;)_:~~ ~;; ~ ...:;~~':o,~...~ -':;.fi :"!~.~~ ~:;~ ~i0::.~..~.~ . ".. '- . ~ . ~! _1i1i1.~. ~ . It~m # 10 I: . - -=- .."" ~ - . . Attachment number 1 Page 4 of 4 ~II . .d -- If: ,~ . ~ . ~! Attachment number 2 Page 1 of 1 16528 Iii I 34 50 I I I 3 I 1 I ~ - -I- I <:( 12 I I UJ 13 0 ~ I I ~ :e ~ i6 I ~ <:( 4 I UJ ...! ~ ~ 10 :e 16 CI) i6 i6 i6 iil ~ I I I 30 40 I I I I 5 I 6 17 4 4 3 I 4 I -1- L _1_ ---I I I I I I 3 ( ----I 11 I 10 I 9 18 8 I 7 6 II I I I I I II I 14 N W~b~E ~~ S City of Clearwater Engineering Department Scott Mortgage Electric Utility Easement Grid # S.F. 2868 Reviewed By: E.8. S-T-R 16-29S-15 Scale: N.T.S. Drawn By: Date: 11/26/07 Item # 10 Meeting Date: 12/17/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract to TLC Diversified of Palmetto, FL, in the amount of $5,847,803.40 for construction of the Headworks Screening and Grit Removal Improvements Project for the Northeast, Marshall Street and East Advanced Pollution Control Facilities (APCFs), (project number 05-0063-UT), which is the lowest responsible bid received in accordance with the plans and specifications for this project; and award a Work Order in the amount of $186,535 to Jones, Edmunds & Associates (JEA), an Engineer-of-Record for the City of Clearwater, to provide Construction Engineering and Inspection (CEI) Services for the construction of this project, and that the appropriate officials be authorized to execute same. (consent) SUMMARY: All three APCFs have been upgraded and/or expanded a number of times, and technical improvements have been regularly made over the years to improve the operational efficiency of the facilities. The headworks screening and grit removal at the three APCFs are budgeted in the current six-year Capital Improvement Plan in order to reduce impacts (odors, pump and pipe clogging, and build-up of sediments and rags) to basins and pumping processes, and to reduce tipping fee disposal costs by producing dewatered and drier screenings and grit product than the current product. Improvements to all three APCFs consist of demolition of the existing bar screens, grit removal system with classifier, installation of new mechanical screens, grit removal system and classifier along with corresponding piping, conveyor and wash press unit, fixing slide gates, cleaning and coating the channels with corrosion resistant lining, and new addition as to the SCADA and electrical system to support the new equipment and other related improvements. Additional improvements to the Northeast APCF include the installation of new rollup door and railing, remove and replace portions of headwork building roof, and painting the headwork building. Additional improvements to Marshall Street and East APCFs include installations of new walkway and railings, and stop plates that come with the corresponding piping mentioned above. It is anticipated that construction will be accomplished in 375 days and be completed by the end of March 2009 . Jones Edmunds and Associates, the engineering design consultant for this project and an Engineer-of-Record for the City of Clearwater, was responsible for the design of the improvements. The final engineering estimate was $5,917,000. TLC Diverisified bid was $5,847,803.40 for the project. After comparing the bids, Jones Edmunds and Associates recommendation is to award the construction of the project to TLC Diversified in the amount of $5,847,803.40, and City staff concurs. Due to the complexity of the Project, JEA will provide the CEI services for this project for the amount of $186,535. The City of Clearwater's Public Utilities Department Water Pollution Control Division is responsible for owning, operating and maintaining the Northeast, Marshall Street, and East APCFs. Resolution 07-28 was passed on November 1, 2007, supplementing Resolution 06-53 establishing the City's intent to reimburse certain Water & Sewer Utility project costs incurred with future tax-exempt financing. The projects identified with 2009 revenue bonds as a funding source were included in the project list associated with Resolution 07-28. Funding is available within the current budget for the 2009 Water and Sewer Revenue Bond proceeds in project 0376-96620 WWTP Headwork's in the amount of $4,283,961.76; and budget is currently available in project 0315-96620, WWTP Headwork's for the balance of $188,723.99. A first quarter amendment will transfer $400,000.00 of budget representing 2009 Water and Sewer Revenue Bond proceeds when issued from 0376-96602, WWTP New Blending Tanks, and $830,000.00 of budget representing 2009 Water and Sewer Revenue Bond proceeds when issued from 0376-96666, WWTP East Bypass and Northeast Pump to 0376-96620 WWTP Headwork's. An additional first quarter amendment will increase the budget in Capital Improvements Program project 0315-96620, WWTP Headwork's, in the amount of $434,566.96 of funding for the City of Safety Harbor's share of the capital costs. Cover Memo The funding plan outlined above will provide $6,034,338.40 for this contract and work order, and allow an additional amount of $102,914.31 in excess funding for miscellaneous items and unexpected expenditures that may occur. Item # 11 Type: Current Year Budget?: Capital expenditure No Budget Adjustment Comments: See summary section. Current Year Cost: Not to Exceed: For Fiscal Year: $6,034,338.40 $6,034,338.40 to Budget Adjustment: Annual Operating Cost: Total Cost: Yes $6,034,338.40 Appropriation Code 0376-96620-561300-535- 000-0000 0315-96620-563800-535- 000-0000 0315-96620-563800-535- 000-0000 0376-96620- 563800- 535- 000-0000 0315-96620-563800-535- 000-0000 Amount $5,245,199.56 $ 413,879.85 $ 188,723.99 $ 165,847.89 $ 20,687.11 Appropriation Comment See Summary Section See Summary Section See Summary Section See Summary Section See Summary Section Bid Required?: Other Bid / Contract: Yes Bid Number: Bid Exceptions: 05-0063-UT None Review Approval: 1) Financial Services 2) Office of Management and Budget 3) Engineering 4) Financial Services 5) Office of Management and Budget 6) Legal 7) Clerk 8) Assistant City Manager 9) Clerk 10) City Manager 11) Clerk Cover Memo Item # 11 >=" <C C Ul :: ~ :: ':" ,~ <C ; ~ :,: ::. :':'; .::: ;, ,L ; :: :' ., ': '., ; ;.:: ,:, . I- Z :J o ::" ~ <.. .' ';'.' ~ ;';, it: a. 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'" '" <F> - - U + m + <C Ul ..J <C I- o l- e z- ~ Cl a a 6 '" '" " a a .0 r- '" a N '" <F> a C! <0 N " '" (!) r0 r- '" r-: '" '" <F> - :t: ~ Ul W I- Z i5 It: W I- ..J <C W > i= C e <C Ul ' ..J ..J <C <C I- I- o 0 I- l- e e z-z ~ ~ Cl Cl Attachment number 1 Page 3 of 6 a a 6 '" 00 ai "" '" <D <F> '" 00 ,...: (!) ~- '" '" N <D <F> o v M o 00 ~~ v 00 l!)~ Vf. a '" ,...: '" '" a a '" <D <F> Ul W I- <C Z It: W I- ..J <C W > i= C e <C + e iii W Ul <C m CD , '" u '" c. Ul"" (i) ~ ~ -a uf ii:iii ~~ l8 g-.~ t; ~ I g>~ ~:J .- E I- It: cti.c~z~ ~ii:~",Oz !;1~~~~8 ..Jooo<cw ~ U U ~~ 0::: ~~CUcO ~gg~~~ muuzuw (j ~ Item # 11 Attachment number 1 Page 4 of 6 I em ~ 11 Attachment number 1 Page 5 of 6 Item 'I- 1 Attachment number 1 Page 6 of 6 Item # 11 Attachment number 2 Page 1 of 7 CITY OF CLEARWATER PUBLIC WORKS ADMINISTRATION Jones Edmunds and Assoc.. Inc. WORK ORDER INITIATION FORM Date: November 9,2007 Project Number: 03720-022-02 City Project Number: 05-0063-UT 1. PROJECT TITLE: Construction Administration Services for the Headworks Improvement Projects for the Marshall Street, East and Northeast Advanced Pollution Control Facilities (APCFs). 2. SCOPE OF SERVICES: Jones Edmunds & Associates, Inc. (Jones Edmunds) is pleased to provide the City of Clearwater with this proposal for construction administration services to assist the City during the construction phase of the Headworks Improvement Projects for the Marshall Street, East and Northeast APCFs. A. SERVICES DURING CONSTRUCTION Jones Edmunds will provide Construction Administration Services for the headworks improvement modifications, which includes new mechanical bar screens and channel modifications at all three facilities, new vortex grit removal at East and Marshall Street APCFs, and new hydrocyclone grit removal at the Northeast APCFs. In addition, upgrades / improvements specific to each facility include the following: . Northeast APCF- skylight additions over mechanical bar screens, roof modifications, repainting of headworks room, channel coating, influent well aluminum covers, new aluminum garage door and repairs and/or replacements to slide gates and the screenings conveyor based on conditions assessment and costs. . Marshall St. and East APCFs - evaluation or repairs and/or replacements to slide gates and the screenings conveyors based on conditions assessment and costs, and integration of new vortex grit removal equipment into existing channels, including structural modifications and support additions. Jones Edmunds scope of services for these services includes the following: . Coordinate and attend a pre-construction meeting that includes the City of Clearwater construction, operations and engineering staff, the contractor, Jones Edmunds key construction administration team and other applicable representatives. Review lines of communication, project requirements, schedule and milestone dates, required contractor submittals, monthly payment applications, RFI procedures and other key project information. Prepare meeting minutes, a contact list and project plan with established milestone dates and submission requirements and submit to City staff and contractor within 5-days following meeting. . Coordinate with FDEP on equipment installations/ replacements, interim bypass, etc. to facilitate proj ect approval and final certifi cati ons. Item # 11 Attachment number 2 Page 2 of 7 . Review equipment and material shop drawings, diagrams, illustrations, catalog data, schedules and samples, the results of tests and inspections, and other data that the Contractor is required to submit. These submittals shall be reviewed for conformance with the contract documents of the project to ensure that the proposed facilities will operate and achieve performance requirements. . Record and respond to requests for information, and provide technical interpretations of the drawings, specifications, and contract documents to meet design intent and performance requirements. . Evaluate requested deviations from the approved design or specifications, including suitability and/or acceptability of requested material or equipment substitutions, and make final recommendations for acceptance or denial of proposed changes. . Issue field orders and work directives to clarify contract drawings and specifications, and administer change order negotiations with the contractor based upon modifications to the work to be completed. Prepare final change order summaries for review and approval by City. . Review and make determinations for the approval of the Contractors' monthly payment applications for final review and approval by City. . Review of equipment Operation and Maintenance (O&M) manuals, note any deviations and prepare requests for approval and/or resubmission by the Contractor and Manufacturer. Submit final approved versions of reviewed equipment O&M manuals to City for their use. . Inspect and witness equipment installation, instrumentation and control operation and equipment startup to certify it meets performance requirements. Document any deviations from specified performance, and prepare and implement plan with Contractor and equipment manufacturer to correct and/or repair any defective work or equipment. . Prepare record drawings and final certification that the equipment was properly installed and will operate in accordance with the plans and specifications and equipment O&M manuals. . Perform substantial and final completion reviews of construction to determine the work has been completed in conformance with the intent of the contract documents, assist in negotiating final payment for construction, and develop a punchlist of outstanding work items. The City of Clearwater will furnish a representative to assist in development of the outstanding work and development of the substantial and final inspection punch lists. The proceedings of all final settlement negotiations will be documented and the basis for final payment and any withholdings to Contractor will be recorded. . Jones Edmunds will submit record drawings signed by the Engineer of Record, certified by the contractors, to the regulatory agencies showing record information of the work, using available information and drawing revisions supplied by the contractors, Jones Edmunds on-site representative personnel, and suppliers. Revise original drawings and submit an AutoCAD file of final record drawings and four sets of paper prints to the City of Clearwater following completion of the work. Item # 11 Attachment number 2 Page 3 of 7 . Jones Edmunds will provide an on-site Resident Project Representative (RPR) for the construction of the headworks improvement proj ects for the Marshall Street, East and Northeast APCFs. The total contract time until final completion is 375 days from Notice to Proceed. It is anticipated that the mechanical bar screens and vortex grit removal equipment will require 16 to 20 weeks (4 to 5 months) following fabrication to arrive on-site. It is likely that the selected Contractor will be off-site for the first 3 to 4 months to submit shop drawings, order materials and equipment, and coordinate construction activities. The remaining 8-months the contractor will mobilize and be on-site at all three facilities to perform on-site construction activities. However, the actual construction schedule will be determined by the selected Contractor, and this final scope modified to reflect the Contractors projected schedule. For any site, meetings required with the contractor for coordination of upcoming on-site construction activities and taking treatment units onl off-line, the Jones Edmunds project manager/ project engineer(s) will attend along with the RPR. The on-site RPR will be provided on a full-time basis, over the anticipated 8-month on-site construction period, and will be responsible for the following: The RPR will keep a daily field inspection reports, recording hours on the job site, manpower and equipment, weather conditions, data relative to RFIs for deducti ons (credits) or addi ti onal work, Ii st of vi si tors and/or representatives of manufacturers, fabricators, suppliers and distributors, daily activities, decisions and observations. The RPR will conduct the preconstruction meeting, weekly on-site status and schedule meetings with Contractors superintendent, and monthly progress meetings and other job conferences with City construction and operations staff. The RPR will assist in the review of the Contractor's monthly payment applications, requests for additional information, clarifications, and change order requests. He will coordinate with engineer of record to engineering team to coordinate and document proper equipment installation, operation and performance. The RPR will visually inspect and review suitability and method of storage of materials, equipment and supplies delivered to construction site. The RPR will receive from the Contractors measurements and notations on the plans to show field changes in construction and record conditions and will supplement with information from on-site observations and records. - The RPR will assist the City of Clearwater during issuance of substantial completion certificates, punch list items, and other related project closeout documentation. - The RPR will assist the Engineer of Record in the witness and recording of documentation for equipment startup testing and performance requirement compliance. Assumptions Item # 11 Attachment number 2 Page 4 of 7 Jones Edmunds has access to the construction sites as needed. The RPR will be on site full-time for eight-months (240-days) anticipated for the on-site construction period. Actual days will be determined by the selected Contractor's construction schedule and dates of mobilization and demobilization on-site, and this scope modified to reflect Contractors proposed schedule Meetings One (1) pre-construction meeting with the City of Clearwater and the contractors. Thirteen (13) monthly progress review meetings attended by the EOR or Project Manager, and additional engineer by discipline (i.e... . mechanical, electrical, etc.). - Eight (8) additional site meetings by engineers to review work progress and/or address questions and respond to requests for additional information. Weekly on-site job meetings will be conducted by the RPR with the contractor's superintendent to coordinate work and schedule following commencement of work on-site. - Four (4) meetings to conduct substantial completion and final completion punchlist walk- through inspections with engineers and City staff. Deliverables The following deliverables will be submitted: - Monthly progress meeting minutes. - Daily field reports from resident project representative during on-site construction. Copies of submittals, RFI logs, change orders and other project clarifications related to thi s task. - Approved equipment O&M manuals. Certificates of Substantial and Final Completion - Final certifications of equipment installation and compliance with performance requirements. - Warranties and guarantees from equipment manufacturers. - Record Drawings for the work included in the plans and specifications. 3. BUDGET: This fee includes all labor and expenses anticipated to be incurred by Jones, Edmunds & Associates, Inc. for the completion of these tasks, on a time and material basis, for a not to exceed amount of $ 186,535.00 without prior approval. If the contract time extends beyond the 375 day contract period outlined in the schedule in the Construction Documents (or the 8-months of full-time on-site resident project representative budgeted), compensation for engineering and resident project representative will be mutually agreed upon with the City and Jones Edmunds based on the remaining quantity and complexity work required to complete the project. The fee does not include over-time work for the on-site resident project representative. Item # 11 Attachment number 2 Page 5 of 7 4. SCHEDULE: The scope of services for Construction Administration is based on a 375-day construction schedule that includes 4-months of pre-construction activities (mobilization, shop drawing submission, materials purchase and delivery and coordination for wastewater operations) and 8-months of on-site construction activities. The contract documents require Substantial Completion within 330-days and Final Completion within 375-days of Notice to Proceed. 5. STAFF ASSIGNMENT (Consultant): Jones Edmunds Key Staff: Thomas Friedrich, P.E. Claus Shirk Tak Kai Pang, P.E. Anand Mody, E.I. Steve Conway, P.E. Engineer of Record On-Site Resident Project Representative Proj ect Manager Proj ect Engineer Electrical/Instrumentation Engineer 6. CORRESPONDENCEIREPORTING PROCEDURES: ENGINEER's project correspondence shall be directed to the Project Manager, Tak Kai Pang, P.E., with copies to Tom Friedrich, P.E, Engineer of Record. All City project correspondence shall be directed to Lan-Anh Nguyen, E.I., with copies to Perry M. Lopez, Building Construction Manager. 7. INVOICINGIFUNDING PROCEDURES: Invoices will include a break down of charges to Marshall Street, East and Northeast with subtotals for each APCF and a total for the invoice. Contingency services will be billed in the same manner. Any supplements to this work order will include a break down between the two facilities. Invoices are to be mailed to the City of Clearwater, Attentioll-:- Veronica Josef, Senior Staff Assistant, Engineering Department, PO Box 4748, Clearwater, FL 33758-4748. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: 0376-96620-561300-535-000-0000 PREPARED BY: APPROVED BY: Stanley F. Ferreira, P.E. Chief Operating Officer Jones Edmunds & Associates, Inc. Michael D. Quillen, PE City Engineer City of Clearwater Date Date Item # 11 Attachment number 2 Page 6 of 7 ATTACHMENT A CITY OF CLEARWATER Services During Construction for the Marshall Street, East and Northeast APCF Headworks Improvements PROJECT BUDGET Jones Edmunds Sub consultant Task Description Services Labor Total Services During Construction l.A. Marshall Street Services During Construction: Construction Administration $ 1,650 $ 24,115 $ 25,765 l.B. Marshall Street: Resident Project Representative - $ 40,344 $ 40,344 2.A. Northeast Services During Construction: Construction Administration $ 2,750 $ 24,115 $ 26,865 2.B. Northeast: Resident Project Representative - $ 40,344 $ 40,344 3.A. East Services During Construction: Construction Administration $ 1,100 $ 24,115 $ 25,215 3.B. East: Resident Project Representative - $ 20,172 $ 20,172 Subtotal $ 5,500 $ 173,205 $ 178,705 Other Direct Costs (prints, photocopies, postage, etc.): Marshall Street $ 2,610 Other Direct Costs (prints, photocopies, postage, etc.): Northeast $ 2,610 Other Direct Costs (prints, photocopies, postage, etc.): East $ 2,610 Subtotal $ 7,830 Grand Total $ 186,535 The City of Clearwater has a contractual agreement with the City of Safety Harbor to treat up to 4.0 million gallons per day (MGD) of wastewater from Safety Harbor. Clearwater and Safety Harbor are in agreement to share costs of improvements and modifications on a proportionate basis. Currently, all Safety Harbor flows are treated at the Northeast APCF which has a plant capacity of 13.5 MGD. Therefore, on flow basis, Safety Harbor utilizes 4.0/13.5 or 29.6 percent of the allotted Northeast APCF capacity and, therefore is responsible for 29.6 percent of the costs for the improvements to the Northeast APCF. Accordingly, the following is breakdown of our proposed fee that shows the portion of the fee applicable to the work at each of the three APCFs covered under this Work Order: TOTAL $ 47,997 Marshall Street APCF $ 68,719 Northeast APCF Item East APCF $ 69,819 Therefore, Safety Harbor would be responsible for 29.6% of the fee associated with the modifications at the Northeast APCF, or $ 20,666. Item # 11 Attachment number 2 Page 7 of 7 ATTACHMENT B CITY OF CLEARWATER ENGINEERING DEPARTMENT HEADWORKS AND GRIT REMOVAL IMPROVEMENTS FOR THE EAST, MARSHALL STREET AND NORTHEAST ADVANCED POLLUTION CONTROL FACILITIES (APCF). FORMAT The design plans shall be compiled utilizing one of the following two methods: 1. City of Clearwater CAD standards. 2. Pinellas County CAD standards 3. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1993/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. DELIVERABLES The design plans shall be produced on stable-based mylar or vellum material, 24" x 36" at a scale of 1" = 20' unless approved otherwise. Upon completion, the consultant shall deliver all drawing files in digital format with all project data in Land Desktop (Land Desktop 2000 or later format, including all associated dependent files. When is not available, upon approval by the City of Clearwater Project Manager, a standard ASCII file can be delivered with all associated drawing and dependent files. The ASCII file shall be a comma or space delimited containing code, point number, northing, easting, elevation and description for each data point. Example below space delimited ASCII file: POINT # 284 NORTHING 1361003.838 EASTING 264286.635 ELEV 25.00 DESC BCV Or comma delimited ASCII file: 284,361003.838,264286.635,25.00, BCV (PNEZD) An AutoCAD Release 2000 or later drawing file shall be submitted. NOTE: If approved deviation from Clearwater or Pinellas County CAD standards are used the consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727)562-4762 or email address:tom.mahonv@mvclearwater.com y All electronic files must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Item # 11 Meeting Date: 12/17/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Accept Ingress and Egress easement over and across the North 15 feet of Lot 2, LAKEVIEW ROAD SUBDIVISION conveyed by Power Legal Advisory, Inc., a Florida corporation ("Grantor"), given in consideration ofreceipt of $1.00 and the benefits to be derived therefrom. (consent) SUMMARY: Lakeview Road Ssubdivision is a 2007 replat of Lot 40, Block M, Brookhill Unit 4, created to develop two adjoining 2173 square foot townhomes on Lakeview Road just west of Hillcrest Avenue. More than half of the small subdivision is environmentally sensitive wetlands encumbered by both a drainage easement and a vegetative buffer. A small bridge carries Lakeview Road over Stevenson Creek that meanders the subdivision's easterly boundary. A safety railing extends westerly of the bridge along and between the public sidewalk and the subdivision's street frontage. The railing constricts creek access by City crews to conduct periodic slope mowing and other creek maintenance. The subject easement over the northerly 15 feet of Lot 2 adjacent to the creek provides City crews sufficient ingress and egress to properly maintain the creek in perpetuity without modifying public improvements within the Lakeview Road right-of-way. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 12 . .. . . . . . . . . . . . ~ iii I ... . Attachment number 1 Page 1 of 4 . . . . . : 0~~~:j! ~i i~: : "i~~:..~". ~.~~t??~~([' .i~;~.~ ~\:~~~ ~~~<=.<^.;..:~f~~ ~ <: (~j' 1-- - -- _::...- - .-. r~~~~i' II::::~~.{~~"':~' .. - -- -- - - . -... . :"0: . I . . ~ . ~ Item # 12 . . . ~ . ~: . . - - - .- . - . ~tachment number 1 f""age 2 of 4 . - ~ ~i;~~ ,- ,:~~;:g%~~i\Wi;~~~t~i#:%.~~;f~~~f~y;~~'~:;~~~i~i:;:'~[.J~~\~0~Wt~&A~%:~;f-~'~~i.&fr~~i~~i}t1M6t~-#j~*f~:H: .~",~...~. '.'.d"~'~'~. ,:,-~-.:{," ~~'<""''''~''-2''':''''-~~' """~lt~~"'_1"$._'1'){."",-:, ,.."it".. (~t:~ . i"k:A'""- ..,..,,~,< ",..<;:,-j-,~,......V ~t'I' .. 'F'\I;okiJ~). d,~'" '.""c~ ;4~i~.~.~':-I",'~" ,,~. '~'<-l-! : .~~~~:~ ~/r:f~~.~\f.~~lr~~~~~I~:~(L~~ ~~~;~f:'~~~Y;)~K~T{.':~.. >r~~~)~~ ~ ~~)~~.. .~Ii%~."'J;_?r~~}~-ttl~:.. < ~~ ..:..\;t ~ ~E.!ffYfr:,{.~~4~./~ (.:~; ~:--\<~~ '~n~~~ ~.* Jfr".~l,..,..c,~(..> ),~; ',"-~''''~'''<;:,"~'!',~".tl,_~"""~),,>,,,''-'':'>'';~-.;...Ii"''',-~J...~~'+,,,,....'.. owltv', hg~.:*-"" -'7{/'?f:,;f;.'"",-"~"o!'?;/i',",~, \ \ .. {? !.<xr~!C~0:i:' _, .:<')~Y:?ittYC~:.~:-"~V:\.~/if~~'i ;~r:i; ~:\WP{<~~':i~~:"~':': !.'t'::;:F~'t"'\. ... ~):~:\ :.~ .:?tr)i "~XX~f;~" 5-::,7. {;.f <J:\'.;.t,:: 'i. - . i~~~nSL!,1]t*~}c]T L>,~" I _r . .lR' . . Item # 12 :~ ~ ~r.:..~.~~*~.~.:~: ~::~(.:}~';.;.~;.~<::::;~)-:.;J..::f. .~~;~ :. ~~~,.:.~?i~.~~~~.~~ ~~"r:~~ .L/-~ i .~~jl- J:;;.}:<~r ~.t~~.. . -. . - - - - - - ~ . . . Attachment number 1 Page 3 of 4 . . . . 5". . I .~.~~:~.;.Y~.~~. .~~.:,>: ~ ~;#:.::;~~.'..~;;':);i~i.V~~ /.;.~_:::~~1;.:~:{v;~~:<~.:~.::;;v)::;//~~. ./;:~~~:~~- 0); (:""i"r':. Item # 12 . !--- ~ - - ---..:.. """"=-- """ -- -- - . . Attachment number 1 P.e 4 of 4 fA/I: . . ~~ I . Attachment number 2 Page 1 of 1 0::: 0::: w ~ <:( ::.::: ~ DR 0::: (9 w <( 0::: I- ~ W (f) I- MAGNOLIA a 0 > w (f) ~ S z LOTU w I 51 I~ <( u w w 0::: s;: --l I PATH --l PATH GJ z ::.::: (9 --l LOTUS <( <( I I Z (f) a 0:: JEFFORDS z ST w I I~I I I i i (9 BARRY 0::: ST BARRY il I ~I BARRY ST ii :51 I ii --l !I !! --l a Ii II TUSCOLA ST I ~ S iL._ii._ S W 'r-.'I-- I Iw I 1 w 0::: w Ii I. s;: j. i! l- s;: ,I 'I (f) ::.::: Ii I, MILTON > ST w w z <( i. i! SI 0::: z <( a .1 '1 I:' 0:: Ii I. I 0::: (f) i. i! a '1 '1 ST Ii I. LL i. i! ((} a BROWNING ,I 'I I ~I !i !i 11..._1__, ~_.-;r-.' i' LAKEVI EW w w ~ ~ <( --l 0 Z W ~ LL PROJECT SITE z >- <( --l I- >- I- a w ((} ((} ..."- .-.-.-.-. --- .---.-.-. --- "-.-.-.-. ----- .-. ! NORMANDY PARK DR L._. ___ '_'_'_,_, ___ ._._._._. ___ ._._._._. ___. w ~ TI ;;0 m o 2:"! o )> C=J ~~ c:=:J OJ m -l N W~E Drawn By: SAF 306B Reviewed By: EB Scale: N.T.S. S - T - R 22-29s-15e Date: I 1:il1P@712 Power Legal Advisory Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com S Grid # Meeting Date: 12/17/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a First Amendment to Land Lease Agreement ("Amendment") with Crown Castle GT Company, LLC, successor in interest to GTE Mobilnet of Tampa, Inc. ("Tenant") under that certain Land Lease Agreement dated July 26, 1995 ("Lease") of City-owned lands in the Southeast 1/4 of Section 21, Township 28 South, Range 16 East, granting two additional options to extend said Lease for terms of five years each in consideration of Tenant Paying monthly rental of $2200 per month effective January 1,2008 through July 31, 2009, adjusting thereafter as provided in the Amendment, and upon Tenant's faithful compliance with all other terms and provisions of said Lease and the Amendment, and authroize appropriate officials to execute same. (consent) SUMMARY: The initial 1995 five year Land Lease Agreement with GTE Mobilnet of Tampa, Inc. created the lease of a 5525 square foot parcel adjacent to the City radio tower at the Northeast Water Pollution Control facility at 3200 State Road 580, together with an Access Easement thereto, for Tenant construction of a 150 foot monopole telecommunications tower. The Lease provided the Tenant with the option of extending the term for up to three additional 5-year terms ending July 31, 2015, so long as the Tenant was not in default under the Lease. Initial annual rent of $9600 adjusted a minimum of 3%, maximum of 5% annually, indexed to the CPI. Present annual rent is $13,516.68. In October 2006 a Crown Castle representative contacted the City requesting additional options to extend the Lease up to the maximum 30 years provided by the City Charter. The City hired the Fort Myers telecommunications consulting firm, Steel In The Air, to assess the current market value of the Lease and provide revenue recommendation for the City agreeing to additional extension options. As a result of the negotiations for these extensions, an amended lease agreement was brought to the Council in July 2007 that incluced the following provisions: . An increase in the annual rent to $20,400 plus 25-percent of the revenue from existing collocated equipment and 30-percent of any future collocated equipment. . Two additional 5-year extensions at the option of the tenant. . A recapture clause, as required by the City Charter and not included in the original lease, to provide the City a right to terminate the lease if the premises are needed "for other municipal purposes". If the City exercised the clause, it would return to the tenant all or a portion of rent payments as defined on a graduated schedule and agree to not allow the use of the premises by any other telecommunications tower operator for a period of 3 years. The Council had several comments and concerns regarding the amendment and it was continued to a date uncertain. A revised amendment was renegotiated with Crown Castle that where possible addresses the concerns with the original amendment presented in July. Revised provisions of the agreement include: . An annual rent increase from $20,400 to $26,400 without additional revenue from collocated equipment. This allows the City to capture some additional revenue throughout the lease without bearing any risk. . The recapture clause has been simplified to refunding to the tenant 2-years of rent payments instead of the graduated schedule in the earlier document. . The recapture clause also now includes a provision that the tower structure could remain if desired by the City and agreeable to the tenant. This alternative would negate the requirement to reimburse two years of rent to the tenant. . The two additiona15-year time period extensions to 2025 and a 5-year restriction on the site if the City exercises recapture are still in the proposed agreement. Cover Memo The rent revenue will continue to accrue in fund 421-00000-362101 (Rent-Commercial Property). Item # 13 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 13 Attachment number 1 Page 1 of 9 })REPAREIl QVTOFo$TATI; QY: Laura B. Medina Attorneys a! Law Singleton C;ooksey LLP 6J63Wood\vuy. Suite 610 1100lston. T exa..'i77057 AFTER RECORDING RETURN TO: Cross RefeWI!.:et OR Book 907". r!t!!,~i842 I'lnelJas Coullt}.FL ME:MORANUUM OF FIRST AMENDMENT TO LAND LEASE AGREEMENT Tl-HS MEMORA.NDUM OF FIRSTAMENDMEl'JT TO LAND LEASE AGREEMENT ("~!lCmOralldum") is made and entered intQ<this ___ duy of 0 0 0 0 0 ,200T by~nd b~tween City of Clearwater, Florjt:i~a.Florida mumcipalcorporation r"Landlord") having 0..::1 mailing address of CittManu$er. Cit~of Clearwater. P. O. Box 4748. Clearwater,Florida 34618~4748and Cro\\'uCasde ~.rrC()mpany LLC. a Delaware limited IiabiHlyc.ompilnY ("Tenant") \vith its principal place ofbusrness located at 2000 Corpomte Drive. Canonsburg, Pennsylvania 15317-8564. WItNESSETH: WHEREAS. LandlordaIldGTEMobilnet of Tampa lncorporatedentered il1toa.pmd Lease Agreement ("Lease") dated Jph; 26, 1995, a memorandum of which is recQrdedln 9fficia1 Re~ords Book 9074. Page 842, ofth~Public Records or Pinellas County..Fl!,)ri4~,\'her~by Landlord conveyed a lease to GTE for property located on McMullen-BoolhRoad.Cleat\.\later, PincUas County. Florida andoontaiIlingapproximately 5.525 square feet, tog~l;bet,vitha right.. t&.way or access thereto (coHectively, thc"Lcased Premises"). The Leased: Premises is more particularly described in ExhfbitA 3ttachedthereto and a part thereof. WHEREAS. the Lease was assigned to Tenant, pursuant to that certain Assignment and AsswnptionAgreement dated as ofJanuary 31,2000 by and betw~n GTE Wireless ol'the South Incorporated. sllccessorin interest by merger to GTE Mobilnet of Tampa Incorpornted,and Tenant and recorded in Official Records Book 11410, Page 2238 In the Public Re.cordsof Pinellas County, Florida; WHEREAS. thc parties entered into that certain First Amendment to Land LeaSe Agreement dated as of the day hereof (thc"Amcndmcnf'). in order to grant the Tcnantadditional Slt14Ni~ml:: OlUntl}'siuc RU#SJ4424 Item # 13 Attachment number 1 Page 2 of 9 options toexlendthe terms of tbe Lease.allup()l1tbe temlS and conditions mCl~funy set forth therein. NOW THEREFORE~I?r~hef1i~~~lcovenants and premises herein. and olhergood and valuable consideration, th~ receiptl:/.mtsuffieiency of which are hereby mutuaJly acknowledged. the undersigned parties. intending lobe bound. agreed in the Amendment as follows: ]. Status ofPariies.AU partiesacknowtedge that. to the hest of its krtowledgethe other parties have complied Jn~llma.terial respects withtheobligations under thcLeasc occurring QnOTprior tOlh~~l~her!l:pfand that. to the best of its knmvledge, the other partles are not indefauh under the temlsofthelease. 2. ExtcnsiOll Tcrm~Paragraph 7 of the Lease was moditied in the Amendment in ord~r to pmvidFlhat. Tenantsha~l~~~etheadditionalopLions to extend Lhe termsl.l(theLease for t\VO (2) additional tiv~(Sly~r U::nn$[cQmmencing on Augu.st 1. 2015. and cQn~jnuiJlguntil July J 1. 2025]. upotltheterms>alld conditions set forth in the Lease. 3. Rer\(. 'Fherentandodier obUgations of Landlord and Tenant are set forth in the Lease. as Paragraph 49r~eF~~fl\~asmodified in Paragraph 401' the Amendtnentamias Paragraph 13 of the LeascowasmQdi:lle(iinParclgraph 5 Of the Amendmenl~ to whi~h reference: is made for further particulars. 4. Capitalized T erms.Capitalized terms not otherwise defined here1nshaU have the nieanmgs set forth in the Amend~nt artd/qrthe Lease. as applicable. 5. No Other Amendments. Except as expresslymoditicd by the Amend~ent. the Le.ase remains unchanged and in full foreoeand efTect. [Signature Pages to Follpw] 2 SileN;lme: Counlryside . BU#814424 Item # 13 Attachment number 1 Page 3 of 9 IN WI1'NESS WHEREOF; Lartdldrd and Tenant have executed this MetnorandW11 of First AmcndmenttoLand Lease AgreeI1lent.as of the date and year first abovewl'ittel)~ WITNESS: 4~~dB~ Witness Signature ~.Jt:rL. .FJ. /~LJ2.r7( Witness Printed Name ~4/~ p:ness Signature .~.Jl:Jn /... a/.6uJ \VitnessPrinted Name TENANT: CROWN CASTLE T COMPANY LLC, Ii ility company THE STATE OF -=r.-~A. CS * " ~ COUNTY OF_4-l ~l) .~ ~.' .............. .. on. th...iS.. ~ <Ill}' of A'...~.r. 2007,.. befo", me Jl<;fSOI1iiII..).' ...8.....ppcared . :It. C. Moo. .D.I('"L.~ of Crown Castle GT Compall}'LLC.a pelawitre limited lia.' It)' company that ~ecuted the foregoing instrument, and ~pkrlPwledged said instrument to be the fi'ee and voluntary act and deed of said compnny. JOr the uses and purposes therein mentioned. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my offidalseal the day and year first above\\oTIu.en. "",' -:l("";Jt:~""'""'~<"-',,,"__",,.,.,,-_.. "f....~..:::jD. """''"''''_~'''''-<'''''~', "'"'l:'.,.,~ ,:' 1':\ ;.:: ~ ,'-,.-' - '<!-TV ~,,-J,(:- [' :t.~ 1/ G~J'~/-l <~ ._: - ~ ", :', _I tl ,,~;.-" ~) r,; <,; ~l ),-__v~~:~4if'~~"~~~~ Sf~~.Name: Cdunl1jisfde aU#814424 M.y Commission expires: .., " Item # 13 Attachment number 1 Page 4 of 9 C OWltcrsigncd: LANDLORD: CTTYOFCLEARWATER, FLORIDA a Florida municipal corporation By: Frank V. Hibbard. MayoI' WiUlam B. Hornc.JI, City Manager Apprpvc4 ast(~ if~)rm: Attest: Laura Lipo\....ski. Assistant City Attorney CynthiaE, .Goudeau.City.Clerk STATE OF FLORIDA ) (-:OUNTYOF PINELLAS ) 'l1lC foregoing instrum@l was acknowledged before me this ---,,--,-qll~ of .2007. by FRANKV. HIBBARI). MayoroftheCii)' ()fCle.mvaler.who is personally known 10 me. MYQQrnmission expires: Notary Public- State of Florida Print/Type Nam~ STA TE OF FLORIDA ) COUNTY OFPINELLAS ) lllt.l foregoing instrument was acknowledged before me this _ day (If ,2007 by WILLIAM B. HORNE.H. City Managerofthe Cit)' ofC1carwa.ter. who is personally known to me. tvh commission expires: Notary Public- State of Florida Print/Type Name 4 ~i*Nllme:. .Counl1)'side atJ#814424 Item # 13 Attachment number 1 Page 5 of 9 FIRS1' AMENDMENT TO LAND LEASE AGREEMENT THIS FIRST AMENDtvlENT TO LAND LEASE AGREEMENT ("'Amendmcnt"jismadceffective this . day of ... ... .. . 200_. by alld among thcCit), ofCl~anv:ater,..Floricla. a Florida municipal corporation ("Landlord';) having~lp1a.ilitlgal~dres~~fc::ilY Manager,. CityofClearwaler. P. o. Box 474&, C}eaf\Y<J,ter; . Floddi:l 337$8-47:48.and.CrownC;lSLle .OT Company. LLC. a Dela,,,'are limited liability company ("T~n!iluf') with its principal place of business locat.edat 2000 Corporate Drive. CauQnsl,urg, Pennsylvania 15317-8564. WHEREAS. Landlord and GTE Mobilnet (If Tampa Incorporated entered intQ a LrmdLt:ase. Agreement. ("L~") dated July 26, 1995. a memorandum of which . is recorded in Official Records Book 9074. Page 842. of tbe Public Records of Pin ell as COu,nfY. . Flo.rida.whe1'eby Landlord conveyed a lease to GTE for propertY located on l\-tcMullen-Booth Road. Clem'later. Pinellas COW1ly. Florida and containing approximately 5,525 sqLl~..eIeet,logether witha right-of-way or access th~reto (said leased parcel and righkol::wa)!hereinatier called "Leased Premises"): and, WHEREAS. the Lease was >~signed to Tenant, pursuant to that. certain Assignment and Assumption Agreement dated as of January 31. 2000 by and between GTE Wireless, of the South, lncorporated. successor. in ..interest . by .l1lcfg,l;r". ~o . (rr~ Mobilnet of Tampa. Incorporated. llnd Tenant. and recorded il1.0ffidalRecordBoQJ.. 11410, Page 2238 of the Public Records of Pine lias County.Floddt~;and., WHEREAS. the Lease had un initial teml of five yearsc()mmencing August t, 1995 and terminating Jul.)' 31. 2000 ("Primary T enn"and the option toextefid for three additional tenns of five years each that \\ill termiIlateon July 31. 2015 ("Additional Tenns")) and Lafjdlord and Tenant desire to amend the tertns ofthe Lease to provide for. among Qtherthing$, additional extended lermsbeyond the Primary Tenn~n~,lA(klilional Tenns: NOW THEREFORg"f()r~(lpdand valuabl~~()risideration~lhe receipt and su1liciencyorwhichareao~'I1Pwledged. Landlord and Tenant agr~e~tsJhllows: I. Status of Parties. All parties acknowledge that. to the best of its knowledge the other parties have complied in aU material respects with the obligatiQJls under the Lease occurring on or prior to the date hereof and that. to the best of its knowledge. the other parties are not in default under the terms of the Lease. 2. DefIned Terms. Any capitalized teIDls not defined herein shall have the meanings ascribed to them hl the Lease. Site Name: Countrysid~ aU#814424 Item # 13 Attachment number 1 - Page 6 of 9 The parties .aclcnQwteda~1hat pursuant to this Amendment the.~ T~~ should Tenant electtoexerclsealloptions. shall span a totaloftbirt:y(30) y~. . 4. . . R~ntA.4iuspij_'Notwjthstanding anything contained in Paragraph 4 of the Lea.se,effective.'thefirst day of the succeeding month following executionhem>fby Landlord, and in no eventlater than January 1. 2008. Tenant will pay Landlord at the address designatedin..subseoUon (b) hereof. as rental for the Leased ~s~ ~ following: (a) the sum ofTMilllYTwo. Hundred and 00/100 Dollars ($2,200.00)per month to be paidin~um monthly installments commencing as.stipu.1fdeda~ove. through July 31. 200~ then.comm~ on AUpltl,2008 ~July31. 2009, an amoyntequal to Twenty Six Thousand Four Hundred and 00/100 Dollars ($26.400.00) per annum C'Annual Rent"') to be adjusted as of Auguat I, 2009 in accordance with provisions of Paragraph 4 of the Lease, and further adjusted upon eachsucceedinsanniversary thereafter until expiration of 1he Lease. (b) All.scheduledJ1Wnthlyrental installments shall be timely delivered to Landlordanda~ed8$foUows: Cash&: Invesuncntlil Manager .GiW...ofG1~ater rinlDlCeDepartment P. O. 80x4748 CICfQ'Wl.l:tel', Fl. 337S8 .. 4148 S. Pant~aph 13 Amendment. Paragraph 13 of the Le~e is hereby amended by inserting the following: "Pursuant to provisions of Section 2~O 1 (d)(5)(viii)of the Clearwat(lr. Gity Charter requiring that all leases of municipal mil property shall contain reeaptuRl and reverter clauses, this Lease may be tenninated by Landlord in the event its Couneildetennines at a duly constituted City Council meeting that the Leased Premises are needed for other mwUeipal purposC$ and serves Tenant onc(l) year Notice of such int~ded use. In 1110 event the Cityexerclsesits right totenninate this .feMe pursuant to the recapture. provision. the City a~ that it Shall not Silt: Nanlc:Countryslde. BUll 814424 Item # 13 Attachment number 1 Page 7 of 9 permit the Leased Premises to be leased to or otherwise used by any other telecommunications tower operator for a period of three (3) years thereafter. Not later than 90 days following final termination Tenant agrees to remove all site improvements, and restore the Leased Premises as near as possible to condition of adjacent lands; in which event Landlord shall compensate Tenant by reimbursing to Tenant the total sum of all monthly rental revenue received from Tenant during the two (2) year period immediately preceding final Lease termination. Alternatively, should Landlord and Tenant mutually agree prior to final Lease termination that Landlord would be willing to retain and accept ownership of all improvements upon and within the Leased Premises without payment of any further consideration to Tenant, excluding and excepting personal property of third parties which shall be governed by any agreements between Tenant and such third parties, Tenant shall terminate all such third party interests in and to the improvements and transfer ownership of all Tenant-owned improvements to Landlord by Warranty Bill of Sale at time of final Lease termination without further consideration or reimbursement of any rental revenue previously paid to Landlord by Tenant; whereupon all parties shall thereafter be relieved of any further obligations hereunder, or under the Lease. In the event the Landlord should ever sell the property which the Leased Premises are a part, the recapture provisions shall become null and void in all respects upon transfer of title" 6. Remainder of Lease Unaffected. In. all other respects, the remainder of the Lease shall remain in full force and effect. Any portion of the Lease that is inconsistent with this Amendment is hereby amended to be-eonsistent. .... 7. Headings. The headings contained in this Amendment are for reference purposes only and shall not modify or affect this Amendment in any manner whatsoever. 8. Counterparts. This Amendment may be executed in counterparts, all of which together shall constitute one agreement binding on all the parties hereto, notwithstanding that all such parties are not signatories to the original or same counterpart. [Signature Pages to Follow] Site Name: Countryside BU# 814424 Item # 13 Attachment number 1 Page 8 of 9 IN WITNESS WHEREOF. Landlord and Tenant have caused this Amendment to be duly executed on the day and year first written above. WITNESS; 4~d.~ - L'/ ':;7%4~ # 'itness Printed Name ~ .4..T~ A. P.&:~1f!,:fT!l Witness Signature ..:r;;Ai L-fn ~ l~ [l6l~;-f Witness Printed Name TENANT: CROWN CASTLEGT COMPANY,LLC, a Delaware limite 1 iHty COlllpa.n)' I ~:A I N~me . R.Cb~tppfW aAoo~y Dace or: Dlreclor-Land~\JI$..itioo(l~RS V THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS .~ On tIus 1 (0 day of J\j ." ..200(. before mepeTSOnally appeared~.C.. .L,.\QP~~ y- Of Crown Castle GT C9mpany.~. a Delaware imited liability company, that executed the foregoing instrument. andacknowtedged said instrUment to be thet):cea.od voluntary act W1d deed 0 f said compa,ny tor the us<:s and. purposes therein mentioti~~. IN WITNESS WHEREOF.l have hereunto set my hand and affixedI11)'0ft1~ii11 seal the day and yeadirstabqve wriUen. ~-~~--';'-:\Jo:~""~'-H'''____~''''~r'''t'?l","O~~~,"",~ ~ -1: 1- I 't..;;'l h. Y \if :,y,,'1 '~j: ,~I,::n",; ~. l.' -,,' ',' ~ . l,.). ..:.., V -~-^~- "'-~'~""""~~""':';~-~~"'~"i8';"~""~"""f~,~~ SilC' Name: Countr)'s-ide~ alIIt 814414 My Commission expires: Item # 13 Attachment number 1 Page 9 of 9 LANDLORD1 CITY OF CLEARWA TER.FLQRIDA. a Florida municipal corporation Countersigned: frank V, ..Hibbard. Mayor By: William B, Home, II, City Manager Approved as to form: Attest: Laura Lipowski.Assistant City Attomey Cynthia E. Goudeau. City Clerk STATE OF FLORIDA :ss COUNTY OF PINEL LAS The foregoing Instrument WilSacknowledged before me this day of . . 200_. by FRANK V. HIBBARD. Mayor of the City gf Clearwater. who ispersonaUy knownto the. My Commission Expires: Notary Public- State of Florida PrintITypeName STATE OF FLORIDA : SS COUNTY()F PINELLAS The. foregoing instrum~nt. "W1lS ac)q)owl~ged before me this _ day of . 200__ by WILLIAM B. HORNE. 11. City Manager of the Cit)' of Clearwater, \\110 is pet$lnally known to tllC. My Commission Expires: Notary Public- State of Florida Print/Type Name Site Name: Countr)'sid~ 611# 814424 Item # 13 Meeting Date: 12/17/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Work Order to PARSONS Water and Infrastructure, Inc. for design engineering services for the NEAPCF Secondary Digester Refurbishment Phase II, final design phase, in the amount of $187,688 and authorize the appropriate officials to execute same. (consent) SUMMARY: The purpose of this project is to improve the bio-solids treatment processes at the Northeast Advanced Pollution Control Facility (NEAPCF), to enhance and improve disposal options and operational flexibility, to allow for greater future traetment capacity and to promote biosolids reuse and energy recovery. This project will provide the design for refurbishment of the 65- foot diameter secondary sludge digester and associated equipment at the NEAPCF. PARSONS Water and Infrastructure, Inc. is an Engineer of Record. The design phase will be completed in 263 days from the notice to proceed. This project is consistent with the City Of Clearwater's WPC Master Plan. The Public Utilities Water Pollution Control Department is responsible for the operation and maintenance of this facility. Resolution 07-28 was passed on November 1,2007, supplementing Resolution 06-53 establishing the City's intent to reimburse certain Water & Sewer Utility project costs incurred with future tax-exempt financing. The projects identified with 2009 revenue bonds as a funding source were included in the project list associated with Resolution 07-28. A first quarter amendment will increase the budget in the Capital Improvement Program project 0315-96611, Bio Solids Treatment in the amount of $40,581.19 (337900) for the City of Safety Harbor's share of the capital costs (4/18.5's of the Northeast costs of the $187,688.00). Sufficient budget for interim financing or funding with 2009 Water and Sewer Revenue Bond proceeds when issued is available in project 0376-96611, Bio-Solids Treatment in the amount of $147,106.81 to fund this work order for a total of $187,688.00. Type: Current Year Budget?: Budget Adjustment Comments: See above Current Year Cost: Not to Exceed: For Fiscal Year: Capital expenditure Yes Budget Adjustment: Yes 2007 $187,688.00 2006 to 2007 Annual Operating Cost: Total Cost: $187,688.00 Cover Memo Appropriation Code 0315-96611-561300-535- 000-0000 Amount $ 40,581.19 Appropriation Comment See Funding Summary 0376-96611-561300-535- 000-0000 $147,106.81 See Funding Summary Bid Required?: Other Bid / Contract: No Bid Number: Bid Exceptions: None Review Approval: 1) Office of Management and Budget 2) Engineering 3) Office of Management and Budget 4) LegalS) Clerk 6) Assistant City Manager 7) Clerk 8) City Manager 9) Clerk Cover Memo ....';'/_. ...:~:--.. ~. '~',!,! ....; .~. ':, /. /( /'. ",\..... ~;) I ~_ /y....":.:-,. ',~.,/-/. Ii" .. ....::-{=' /~. '\,'. .~/ ,;:;. i i .~/ "~::~"\,> .~/ ,I O"OO'O'O~O""~~j~'~~:~~~!\7""TF"J,ct t;'-l'li'~; /<'-._)!!! Ii '! ! I (~ rr'':'~-,--;.., // !I ! j \1, ,;.-.^-'=.---.!!! j.!1 Iii I !i /I """J/ 'i I' \\ !, LJ j!!!! i i! !i !i .\~.:---.___jL_.jf_ ..-;::'./. .! 'I " 'I I' I. (I -., ("-'-'---'.1 !I i' ,I I. ,I jl !I', I' Ii '! !I \1 !, .i !i '.1 j! I) : (:=:!..'.:::..::: '"::.:11-7 :..:=:=. :::-.:::-_!:.-:-..:::-.::, i i:::" ::".::.:::::-' '-' .,-..:;(' !t:::~::jj ({"'~"'~7~-:-.j_~.~~=Jl= " j ,,' n I P .1 I' .1 I' ,I I' .1 I' .1 I' ,I I'. j: i' I~~~-:~{l \"1 I' .1 I: .1 I. .( J' 'I I' I ~ 'J ), ./ (. ./ /. i <D rY. o ,,'') (r~;~ I' ,I I' .1 I' .1 I' ,I ((::-...:..,.~=~~~~~~.,.~~..:::-~.,..:.-:-..:.-:-_..'-..~~ ~._=.,. ~"'~""7l ij i IE2l ~Il]L ('-'-- . 0 ~._-_., 1.---.0. . '" ! 0 ! I i j j I <( -' >- en (fJ o C2 Prepared by: Engineering Depa-tment Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)5264755 www.Clearwater.com N w-9-' s PROJECT SITE OJ "0 Uj DR 10: 0 DR IgJ DR f- a \-' LOTUS DR gj L:::J WOODBURN c::::J 0 Kenda Ie LlJ -' <( o Z LlJ ><:: o > -' [l] C/] -' -' DR ll:: W e- 1\10 ~~ AVOC ET6l C::Y7~ f!;::..-=I.F:::Y! j! i! i! i' i! i! jl jl j~~:;'l-: .' ji i\ i! i' It j! I' il i' ii il " 'j 'rt !i 11 !i ji 'j ii !' ii I' " ji !1 I..I=-_.-=.....~-:.:...-:'~ 1;:-..:..-:.:,.1 II ,.' j'. ., SR 58 o ll:: e- ll:: o [L w (') o ll:: [l] WALKER RO HUMPHRIES RO FLAMINGO NEAPCF SECONDARY DIGESTER CLEANING & INSPECTION Drawn By: -T-R 21-28S-16E Scale: N.T.S. Date: 10/1/07 eviewed By: K.O. Grid # Attachment number 2 Page 1 of 10 DRAFT CITY OF CLEARWATER PARSONS WORK ORDER INITIATION CHECKLIST APPROVAL CHECKLIST Name Title "Initials" Date Reviewed Gary A. Johnson Public Services Director Nan ~ for Public Utilities ] 1/04/07 Tracy Mercer Director Scott Rice Asst. Director of Eng./ESM Glen L. Bahnick, Asst. Director of Jr. Eng./Production Perry Lopez Construction Manager Robert Fahey Utilities U/5/07 Engineering Manager Tom Mahony Geographic ", ,,,'? Technology Manager Judi r ~ n . A 11/5/07 n, , " n Senior Accountant ] ]/7/07 T' . Kelly 1. O'Brien Engineering Proj ect Manager Attachment number 2 Page 2 of 10 CITY OF CLEARWATER PUBLIC WORKS ADMINISTRATION WORK ORDER INITIATION FORM Date: November 29,2007 Proj ect Number: City Project Number: 06-0057-UT 1. PROJECT TITLE: NORTHEAST ADVANCED POLLUTION CONTROL FACILITY SECONDARY DIGESTER IMPROVEMENTS 2. SCOPE OF SERVICES: See Attachment B. The design plans shall be compiled using the following two methods, as applicable: 1) The City of Clearwater CAD standards, as attached, 2) Pinellas County Survey CAD standards for survey base map and City Of Clearwater standards for the Final Design Phase. 3. PROJECT GOALS: The intent of the Northeast Advanced Pollution Control Facility Secondary Digester Improvements Project will be to improve biosolids treatment processes at the Northeast Advanced Pollution Control Facility (APCF), to enhance and improve disposal options and operational flexibility, to promote biosolids reuse and energy recovery, and to reduce operating costs as feasible at the facility. The work products to be provided with this Phase II (Final design phase) of the project include up to 7 copies of the draft and final design documents, prepared per the Scope of Services. A future and final Phase of this project includes the resident engineering and engineering services during construction and startup in Phase III, to be negotiated at the completion of Phase II, subject to availability of funding. 4. BUDGET (ENGINEER'S COMPENSATION): The budget (contract amount or price) for Phase II of the project (this work order) is $187,688 This price includes all labor and expenses anticipated to be incurred by Parsons for the completion of these tasks, on a cost times a multiplier basis Attachment number 2 Page 3 of 10 not to exceed (NTE) $187,688. A breakdown of the estimated cost for each task of the scope of services is provided in Attachment B. 5. SCHEDULE: The Phase II project is estimated to be completed within 263 calendar days from issuance of notice-to-proceed (NTP) allowing for 10 business days per review by City. The project de1iverables are to be completed as follows: 65% Design Package 46 calendar days after NTP 90% Design Package 49 calendar days after receipt of city's 65% comments 100% Design Package 13 calendar days after receipt of City's 90% comments Final Bid Package 21 calendar days after receipt of City's 100% comments Final Bid Services 37 calendar days after final bid package 6. STAFF ASSIGNMENT (Consultant): Loren Furland, P.E. Steven A. Schaefer, P.E. Loren Jones, P.E. Troy Peralta, P.E. Loren Jones, P.E./Linda Gundel Sam Hobi, P.E. John Womack, P.E. Project Director Project QA/QC Manager Project Manager Mechanical Engineer Process Engineer Structural Engineer Electrical/I&C Engineer 7. CORRESPONDENCEIREPORTING PROCEDURES: Consultant's project correspondence shall be directed to Loren Jones, P.E. All City project correspondence shall be directed to Kelly O'Brien with copies to John Milligan, WPC Superintendent and others as may be appropriate. 8. INVOICINGIFUNDING PROCEDURES: Invoices shall be submitted monthly to Veronica Josef,SeniorStafLAssistant, Engineering PO Box 4748, Clearwater, Florida 33758-4748, for work performed. Invoices will be prepared monthly as a percentage of the lump sum corresponding to the percentage of the scope of services completed, and in accordance with a progress report to be provided with each invoice. Contingency services will be billed as incurred only after written authorization is provided by the City to proceed with such services. Attachment number 2 Page 4 of 10 City of Clearwater Expense Code: 0376-96611-561300-535-000-0000 9. ENGINEER CERTIFICATION: Parsons Water and Infrastructure Inc., will certify as a licensed Professional Engineer, registered in accordance with Florida Statute 471, that the above project's preliminary design report meets or exceeds all applicable design criteria specified by City municipal ordinance, State, and Federal established standards. We understand that it is our responsibility as the project's Professional Engineer to perform a quality assurance review of these submitted documents to ensure that such documents are free from errors and/or omISSIOns. This certification shall apply equally to any further revision and/or submittal of plans, computations, specifications, or other project documents, which Parsons may subsequently tender. 10. SPECIAL CONSIDERATIONS: Not applicable PREPARED BY: APPROVED BY: Parsons Water & Infrastructure Inc. Loren P. Furland, P.E. Proj ect Director Michael D. Quillen, PE City Engineer City of Clearwater Date Date APPROVED BY: Parsons Water & Infrastructure Inc. Walid Hatoum, P.E. Vi ce Presi dent Date Attachment number 2 Page 5 of 10 Attachment" A" CITY DELIVERABLES FORMAT The design plans shall be compiled utilizing one of the following two methods. 1. 2. 3. City of Clearwater CAD standards. Pinellas County CAD standards Datum: Horizontal and Vertical datum shall be referenced to National Geodetic Vertical Datum of 1929 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. DELIVERABLES The design plans shall be produced on vellum or bond material, 24" x 36" at a scale of 1" = 20' unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Land Desktop 2000 or later including all associated dependent files. NOTE: If approved deviation from Clearwater or Pinellas County CAD standards are used the consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727)562-4762 or email address y All electronic files must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Attachment number 2 Page 6 of 10 -== PARSONS WATER & INFRASTRUCTURE INC. ATTACHMENT B - SCOPE OF SERVICES Date: November 29,2007 City Project No:06-0057-UT M/C Project No: 1. Proiect Title: Northeast Advanced Pollution Control Facility Secondary Digester Improvements Project Scope of Work: SUMMARY The City recently completed the refurbishment of the Primary Digesters at the Northeast and Marshall Street facilities and is continuing with the refurbishment of the Secondary Digester at the Northeast APCF. This project includes execution of engineering services in three phases. Phase I included the preparation of a preliminary engineering report for the refurbishment of the Secondary Digester, a digester cleaning package and the development of a technical memorandum to evaluate the feasibility of options for the potential use of excess biogas production. This scope of engineering services is for Phase II Final design for the refurbishment of the digester and is outlined below. Phase III Construction Services is to be negotiated and authorized following the successful completion of Phase II. Task 1. SCOPE OF SERVICES Task 2. 2.1 Project Meetings/Project Management 1.1 ENGINEER shall attend and document one initial meeting with City staff at the commencement of project execution to address any issues relevant to final design. Issues to be addressed shall include equipment numbering, sequence of construction, project schedule, facility shutdowns and determination of appropriate City standards applicable to final design. 1.2 ENGINEER shall attend and document up to three (3) project review meetings (one each after the 65% design, Inspection Report and 90% design submittals) with City staff during project execution. 1.3 ENGINEER shall perform project management duties throughout the design, bid and permitting phases, including monthly reports and schedule updates. 65 Percent Design Submittal Design drawings and cost estimates shall be developed, based upon record drawings of existing facilities and the Preliminary Engineering Report of October 2007. Attachment number 2 Page 7 of 10 2.2 The 65 percent submittal is intended to illustrate design aspects such as demolition and rehabilitation of existing equipment and piping as needed, civil layout, major yard piping, P&ID's for new facilities and interfacing with existing facilities, structural drawings, detailed arrangement of equipment and piping, detailed electrical single line diagram and other electrical drawings for power, and approximate cable and conduit sizing and routing. 2.3 Drawings shall be prepared in accordance with the City of Clearwater format requirements. 2.4 Standard CSI format technical specifications shall be provided for one construction package for CONTRACTOR bidding and construction. Standard City front-end documents shall be utilized for CONTRACTOR contracting, with modification by supplementary conditions, if needed, to be coordinated with one bid package completed by the City. 2.5 Engineer's opinion of probable cost shall be provided with the 65 percent design submittal. 2.6 Seven (7) sets of the 65 percent design shall be provided for review and use by the City. 2.7 Completion of the 65 percent milestones shall be in accordance with the following guidelines: 65 PERCENT SUBMITTAL 1) Site layout, major yard piping, P&ID's, arrangement of mixing, recirculation, heating and gas equipment shall be completed to approximately 65 percent level. 2) All general, demolition, civil sheets shall be completed to approximately the 65 percent level. 3) Mechanical sheets developed to at approximately 70 percent level. 4) Electrical sheets shall be at least 60 percent completed. Electrical sheets shall include but are not limited to legend and detail sheets, single line diagrams and schematics, power and lighting plan sheets, electrical site plan with duct bank routing, cable and conduit and panel schedules. 5) Structural sheets developed to at least 60 percent level. 6) Detailed sequence of construction developed. 7) Add the appropriate information to the drawing revision blocks. 8) Complete the final technical specifications at the 65 percent level. 9) Complete a 65 percent quantity take-off and engineer's opinion of construction cost. 10) Process and Instrumentation Diagrams (P&ID's) and Control System Architecture modifications developed to approximately 75 percent. Task 3. Task 4. Attachment number 2 Page 8 of 10 65 PERCENT SUBMITTAL 11) All disciplines shall complete internal quality review prior to submitting the 65 percent contract drawings. Digester Structural inspection & Report 3.1 ENGINEER shall conduct a structural inspection of the interior of digester in conjunction with the digester cleaning contract to determine the condition of the existing structure and to gather data necessary to complete 90 percent design under this scope of work. 3.2 ENGINEER shall develop a report documenting findings for City review and comment. 90 Percent Design Submittal 4.1 90 percent design drawings and cost estimates shall be developed based upon approved 65 percent level design and cover and tank inspection repair recommendations. 4.2 Engineer's opinion of probable cost shall be provided with the 90 percent design submittals. 4.3 Seven (7) sets of the 90 percent design shall be provided for review and use by the City. 4.4 Completion of the 90 percent design milestones shall be in accordance with the following guidelines: 90 Percent Design Submittal 1) 65 percent submittal comments and other comments from the client have been incorporated or a response as to their omission has been provided, as applicable. 2) Site layout, major yard piping, P&ID's, arrangement of mixing, recirculation, heating and gas equipment shall be completed to approximately 95 percent level. 3) All general, demolition, civil sheets shall be completed to approximately the 90 percent level. 4) Mechanical sheets developed to at approximately 95 percent level. 5) Electrical sheets shall be at least 80 percent completed. 6) Structural sheets developed to at least 80 percent level. 7) Detailed sequence of construction developed. 8) Add the appropriate information to the drawing revision blocks. Task 5. Attachment number 2 Page 9 of 10 90 Percent Design Submittal 9) Complete the final technical specifications at the 90 percent level. 10) Complete a 90 percent quantity take-off and engineer's opinion of construction cost. 11) Process and Instrumentation Diagrams (P&ID's) and Control System Architecture modifications developed to approximately 95 percent. 12) All disciplines shall complete internal quality review prior to submitting the 90 percent contract drawings. 100 Percent Design Submittal 5.1 100 percent design drawings and cost estimates shall be developed based upon approved 90 percent level design and cover and tank inspection repair recommendations. 5.2 Engineer's opinion of probable cost shall be provided with the 100 percent design submittals. 5.3 Completion of the 100 percent design milestones shall be in accordance with the following guidelines: 100 Percent Design Submittal 1) 90 percent submittal comments and other comments from the client have been incorporated or a response as to their omission has been provided, as applicable. 2) Add the appropriate information to the drawings and specifications for the cover and tank rehabilitation. 3) Add the appropriate information to the drawings revision blocks. 4) All drawings shall be completed to the 100 percent level. 5) Complete a final quantity take-off and opinion of construction cost. Attachment number 2 Page 10 of 1 0 100 Percent Design Submittal 6) All disciplines shall complete QA/QC review and checking prior to submitting the 100% contract drawings. 100 percent deliverables: -Submit Seven (7) sets of the 100 percent submittal documents for review by the City, plus three (3) plan sets signed and sealed. -Submit Eight (8) signed and sealed sets to City Building Dept. for approval at 100% Phase. -One hard copy of the final technical specifications, and electronic files of the plans and technical specifications in AutoCAD & Word format. -After reproduction by the City, submit two more plan sets signed and sealed. Task 6. Bid Assistance 6.1 Attend pre-bid conference and assist the City in responding to bidder's questions at the meeting. 6.2 Coordinate preparation of bidding documents with the City 6.3 Prepare addenda associated with bidder's technical questions, or to address other technical issues that arise during the bidding process. 6.4 Review bids and provide bid evaluation/award recommendation. Task 7. Permit Assistance 7.1 Engineer shall assist the CITY and CONTRACTOR as needed for the City Building Department permit requirements, and the FDEP notifications as may be required, and shall provide adequate sets of plans and technical/design information as described for the design submittals. Permit Fees will be paid by Parsons and billed to the City, and applications will be prepared by Parsons and submitted by the CITY and/or CONTRACTOR. Engineer shall assist CITY and CONTRACTOR in obtaining these permits by attending a pre-application meeting and furnishing responses to questions related to the ENGINEER's design plans PHASE III RESIDENT ENGINEERING AND ENGINEERING SERVICES DURING CONSTRUCTION AND STARTUP To be negotiated and authorized in accordance with successful performance of Phase II work and availability of funding. Meeting Date: 12/17/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1509 Country Lane East (Lot 8, Country Lane, Section 08, Township 29 South, Range 16 East); and Pass Ordinances 7906-08, 7907-08 and 7908-08 on first reading. (ANX2007-09025) SUMMARY: This voluntary annexation petition involves a 0.386-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the east side of Country Lane East approximately 480 feet south of State Road 590. The applicant is requesting this annexation in order to receive sanitary sewer service from the City. The property is contiguous to existing City boundaries to the north and east. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E: The applicant has paid all of the City's sewer impact and assessment fees and the City is currently providing service. 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 Police Headquarters located at 2851 North McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 48 located at 1700 North 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; . 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 Community Development Code; . The proposed RL Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the LMDR District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the 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 contiguous to existing City boundaries to the north; therefore the annexation is consistent with Florida Statutes Chapter 171.044. The Pinellas Planning Council (PPC) staff has reviewed this annexation and no objections were raised. Cover Memo Item # 15 Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Attachment number 1 Page 1 of 7 ::::,~.i,::':: :'}:,:':.r:\:':::: i:i::;i;:::,~.i}':::.:::~ ':.r:\:'u:r: ..~~:':::'}:,:t :\:'u:,;i:?::; (:~'(~:':::'}:,:r,\~, u:,;i:i::;i::: .i,::'::;~'}:,:r,:':\:':~ \:~i: ,:i}j'[:l: -.\ ;:i:,:::i:~j:"':,'I~~~':;,, ,':,;;i2:: i,',;:i':;,:':iill ,,':~:,:i:":,:':iili:;,:,::,11 :"i:~i" . . z .. oi(' .. :a" .>. . g;. . 0 . .. -.. .... .. . . ... .. . - ..... u . .... . .... -"1 :i:::::(:::: iJ.::: ii:;::::::';i:::::(:::i':;: :::g{:'u::::::(~:::::(:::i':;:,;::::; .~u~~l:;::: (~::::::'-:::i':;:,;:i::.~:;: i:~:( ::::(::::::;i:':':':":':~ ":r:.::":/' :L~~~.. , n: .... .:OJ. ....... .... ';,.J ...... ..... r.... -.... . 0......1 om t.. IU .:::\;:;:;. :'::,::::.:;.;:.;:): ::i}:::::_:::\;:;:('::: :,::,;::,;,:,':i::: :.:::::;:i ::;:;:('::i:': ';:F~' :':~';l:'::i:'::',;:; :::':,:<:.:::.f:LJ ~i:':':'.~ ~~:.::..;::.; i__ I':i'::' 't.,',,": ,'::,:jLL '1),':1:; :,:':;:'i'::,:'1 ii'::,:':;: 'i~~ ;JJ ~!2.; ;:,i),:':;,: r z"-'.' <( ~ DR r~.l ~:-.::<:::~ n: o ......J _.._..-~ -.-- ... .. -." ... .... ..". ~":.::::.:.:" .::..:....:.::..~ ...:: PROJECT SITE EDENVW>OO ~I J~ ~ CANDLEVW>OO ST <( HOMEWOOD ST [] o ~ Location Map Owner Barry R. & Joan M. Warzecka Case: ANX2007 -09025 Site: 1509 Country Lane East Property 0.386 Size (Acres): Land Use Zoning PIN: 08-29-16-18630-000-0080 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 273B S:\Planning Department\C D B\Annexations\ANX - 2007\ANX2007-09025 - 1509 Country Lane East - Warzecka\Maps\Location Map.doc Item # 15 Attachment number 1 Page 2 of 7 Aerial Photograph Owner Barry R. & Joan M. Warzecka Site: 1509 Country Lane East Land Use Zoning From: RL (County) R-3 (County) To: RL (City) LMDR (City) Case: ANX2007-09025 Property Size 0.386 (Acres): PIN: 08-29-16-18630-000-0080 Atlas Page: 273B S:\Planning Department\C D B\Annexations\ANX - 2007\ANX2007-09025 - 1509 Country Lane East - Warzecka\Maps\Aerial Photograph.doc Item # 15 ...ji.~..,:..-.:..:::.~..-.......::::....,:....:-.::: 60 SR 590 g fil ":.;:-:":':':/'::;-:.::. :. ~:r :.:':':':"::;':"!i<>':':: :r:.;::.:'.:::".:'.:";:;~{ ':'~:TI: ;:~::".:''>";:.:.:.:::-:.:': : i:::';::-:'.:::"':'.::::;:. ~;:::: .:::~~.q/;:.:.:.::::.:. : .::.::. .:"i:' i::<'-::'.:' . .:-::. ::.';-::.' :ii;/::.::.<!::i.: .:-:: .: ;'::~~'"i:' i::<.'::':: .:-::. ::.';- .: :.~::, i:}1::':::.: .:.:. )r.(:. .ii:' i~: :':::.: .:-:.:. .: ;::.::,-:'i:' (:.::::': ::.: .:. :,.::,::':_t("....;::.;= ::: ,:,,:,,:,,:, :":'.::':: ..:.:. ::""':~ :: :: <,,:,,:,,: ":'_:-:<:::'" '. ',". ': .::. :,,:,,:,,:, :":'.> "-':: :",".'. 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'" '::'::';':~;'::':'.:'.:.~] .,:.:.::: ,.j,.;. :....,......1'0..: :;::/::::~::::.::;:i:- . - . '.':::-:Q'.:.'.~:::. ;:.~::::.:.:;::~:..i;~.:.~ .i:);:-;::.:::::::':~::::I ~ . .,' -.J ~::::::::::::- ~ CS ~ .".H.. 0 ~ H' . H' .... ":..9 :::'..:,,: .::J .:...-.:....:.: ~ ~:.:i~i:i:-'::.::.:~ ..':.':/:.:.:'.:::::).::. ... .'. :0. ::;.:.::: :'I'..:!1 Attachment number 1 Page 3 of 7 60 .... '" 00 '" a:: Cl ~ 1621 6 'c::( -.J 1611 (,!) 7 ~ - a:: 16018 Cl.. CI) 1555 00 fil 16 Proposed Annexation Map Owner Barry R. & Joan M. Warzecka Site: 1509 Country Lane East Land Use Zoning From: RL (County) R-3 (County) To: RL (City) LMDR (City) Case: ANX2007-09025 Property 0.386 Size (Acres): PIN: 08-29-16-18630-000-0080 Atlas Page: 273B S:\Planning Department\C D B\Annexations\ANX - 2007\ANX2007-09025 - 1509 Country Lane East - Warzecka\Maps\Proposed Annexation Map.doc Item # 15 Attachment number 1 Page 4 of 7 lllllilll". 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'?,:'!I Existing Surrounding Uses Map Owner Barry R & Joan M Warzecka Site 1509 Country Lane East Land Use Zoning From RL (County) R-3 (County) To RL (City) LMDR (City) Case ANX2007 -09025 Property 0386 Size (Acres) PIN 08-29-16-18630-000-0080 Atlas Page 273B S:\Planning Department\C D B\Annexations\ANX - 2007\ANX2007-09025 - 1509 Country Lane East - Warzecka\Maps\Existing Surrounding Uses Map.doc Item # 15 View of subject property, 1509 Country Lane East Attachment number 1 Page 7 of 7 Northerly view from the subject property along Country Lane East West of the subject property, 1509 Country Lane East ANX2007 -09025 Warzecka, Barry and Joan 1509 Country Lane East Item # 15 Attachment number 2 Page 1 of 1 ORDINANCE NO. 7906-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF COUNTRY LANE EAST APPROXIMATELY 480 FEET SOUTH OF STATE ROAD 590, CONSISTI NG OF LOT 8, COUNTRY LANE, WHOSE POST OFFICE ADDRESS IS 1509 COUNTRY LANE EAST, 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, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 8, Country Lane, according to plat thereof recorded in Plat Book 43, Page 65, Public Records of Pinellas County, Florida (ANX2007 -09025) 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 # 15 Ordinance No. 7906-08 Attachment number 3 Page 1 of 1 ORDINANCE NO. 7907-08 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 ON THE EAST SIDE OF COUNTRY LANE EAST APPROXIMATELY 480 FEET SOUTH OF STATE ROAD 590, CONSISTING OF LOT 8, COUNTRY LANE, WHOSE POST OFFICE ADDRESS IS 1509 COUNTRY LANE EAST, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Lot 8, Country Lane, according to plat thereof recorded in Plat Book 43, Page 65, Public Records of Pinellas County, Florida (ANX2007 -09025) Land Use Cateqorv Residential Low (RL) 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. 7906-08. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 15 Ordinance No. 7907-08 Attachment number 4 Page 1 of 1 ORDINANCE NO. 7908-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF COUNTRY LANE EAST APPROXIMATELY 480 FEET SOUTH OF STATE ROAD 590, CONSISTING OF LOT 8, COUNTRY LANE, WHOSE POST OFFICE ADDRESS IS 1509 COUNTRY LANE EAST, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot 8, Country Lane, according to plat thereof recorded in Plat Book 43, Page 65, Public Records of Pinellas County, Florida (ANX2007 -09025) Zoninq District Low Medium Density Residential (LMDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7906-08. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 15 Ordinance No. 7908-08 Meeting Date: 12/17/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve amendments to the Community Development Code and pass Ordinance 7835-07 on first reading. SUMMARY: The Planning Department is recommending a total of 30 amendments to the Community Development Code. The amendments that present a change in current policy or a new policy issue are outlined here: - Parking Requirements for Marinas and Marina Facilities The parking formula is revised ensuring that adequate parking will be provided. - Permitted Uses within Zoning Districts This amendment adds certain uses as permitted uses within zoning districts. - Comprehensive Sign Program This amendment establishes a formal process for submittal, review, and action on applications, with specific timeframes. -Implementation of Levels One and Two Approvals The amendments provide a performance specific test to determine substantial development completeness. The amendments also prevent projects from becoming vested yet remaining inactive. Other amendments do not have major policy implications, but provide clarity. The Community Development Board (CDB) reviewed this proposed set of text amendments at its meeting on November 20,2007. The Community Development Board unanimously recommended approval with two recommendations: 1. That Section 3-903. A. be modified to read, "... walkways leading to building entrances, driveway access to garages. . .." The Planning Department concurs with the recommendation, which is incorporated in the attached ordinance. 2. That Planning Department staff study the matter of the number of boat slips per parking space and provide evidence to substantiate a recommendation for one parking space per two slips. The recommendation for one parking space per two slips is justified as follows: a. Wade Trim conducted research regarding marina high and dry parking needs. That research actually indicates that one parking space for every two - four boat slips is adequate to accommodate marinas even in peak demand periods. Attached please find support material from Wade Trim. b. The intent of the "one parking space per two slips" amendments, as proposed by the Planning Department, is to achieve consistency with other parking space requirements of the Community Development Code. Attached please find the staff report and Ordinance No. 7835-07, for further analysis. Cover Memo tem#t6 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk CDB Meeting Date: Case: Ordinance No.: Agenda Item: Attachment number 1 Page 1 of 6 November 20, 2007 TA2007-01001 7835-07 D2 CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION STAFF REPORT TEXT AMENDMENTS UPDA TED DECEMBER 6, 2007 (REVISED AFTER THE COMMUNITY DEVELOPMENT BOARD MEETING) REQUEST: INITIATED BY: Amendments to the Community Development Code regarding numerous provisions including revising and updating permitted and accessory uses, amending the height specifications for walls and fences in certain locations, providing fences to be permitted on vacant lots and lots without a primary use in certain locations, amending the setback requirement exceptions to allow certain site features, revising tree protection requirements and the tree removal permit process, revising the property maintenance requirements, amending the sign code to address signs on City property, making the Code consistent with Federal, State, and County law or rules, establishing a process for the Comprehensive Sign Program, strengthening the implementation requirements for Level One and Level Two development approvals, clarifying procedures for the neighborhood conservation overlay district designation process, revising code provisions to improve enforcement of the code, amending the definitions section, and updating the schedule of fees, rates, and charges. City of Clearwater Planning Department BACKGROUND INFORMATION: Since the passage of the Community Development Code in 1999, the Planning Department has reviewed the Code as it applies to certain proposed development and the City process of development review applications. City of Clearwater staff has provided input aimed at improving the Code based on how staff has experienced the Code's Amendments to the Community Development Code, Proposed Ordinance No. 7835-07 StaffRepOIhtem # 16 Page 1 Attachment number 1 Page 2 of 6 performance in various circumstances. City staff developed a list of existing Community Development Code provisions that should be amended to better reflect City development patterns and improve internal processes. As part of the code update process, suggested amendments have been collected from the Planning Department and Development & Neighborhood Services Department. Discussions occurred to make certain that the amendments are workable and not conflicting with other City codes and processes. ANALYSIS: The Planning Department is recommending a total of 30 amendments to the Community Development Code. Some amendments present a change in current policy or a new policy. Other amendments are editorial in nature or are refinements to existing Community Development Code sections. Please find below a summary of the most noteworthy proposed amendments organized by Code Article. A brief summary of other amendments is also provided here. Also attached is Ordinance No. 7835-07 which includes all of the specific amendments. Within the ordinance document, text that is underlined indicates proposed language and text containing strikethroughs indicate deletions. Article 2 - Zonin2 Districts · Permitted Uses Location (Chart 2-100 of Ordinance, Pages 28, 32, 34, 35, 36, and 37) Ordinance No. 7835-07 provides an updated summary use chart, which correctly indicates where land uses are permitted within zoning districts. This chart provides an at-a-glance understanding of what use can be proposed and where in the City of Clearwater. The land uses of Veterinary Offices, and or Animal Grooming, with Boarding as an accessory use is proposed to be permitted through the Flexible Development or Level Two Process within the Downtown zoning district. Indoor RecreationlEntertainment and Publications and Printing are proposed as permitted land uses within the Industrial, Research, and Technology zoning district. · Marinas and Marina Facilities (Pages 28 and 39 of Ordinance) These amendments change the parking requirement for proposed Marinas and Marina Facility projects within certain zoning districts. The amendments will ensure that marinas and marina facilities will provide adequate parking, even though the number of required parking spaces is decreased. · Mixed Use as a Permitted Use (Pages 9, 10, 11, 20, 21, 22, 23, and 28 of Ordinance) Page 2 Amendments to the Community Development Code, Proposed Ordinance No. 7835-07 StaffRepOIhtem # 16 Attachment number 1 Page 3 of 6 This ordinance adds mixed use within the Tourist and Downtown zoning districts. The introduction of this use to these districts provides an incentive toward the reduction of automobile dependence and promotes residential uses within walking distances of shopping, dining, recreation, and employment. Mixed use is already permitted within the Commercial and Office zoning districts. Article 3 - Development Standards · Sign Code Amendments (Pages 44 and 45 of Ordinance) This amendment provides criteria for signage within City parks or recreational facilities. This is new to the sign code. The amendment allows one sign at each park to identify a specific program operated at the facility. It allows signage for programs operating with long-term leases and requires the Department of Parks and Recreation to approve the sign design to ensure consistency with Department of Parks and Recreation signage. Article 4 - Development Review and Other Procedures · Implementation of Levels One and Two Approvals (Pages 46 - 51 of Ordinance) The ordinance includes amendments to improve the implementation requirements for Level One and Level Two approvals, establishing a clear timeframe of 24 months, unless otherwise specified, for building permit issuance, completion of work, and certificate of occupancy issuance. The amendments also provide a performance measure with specific tests to determine substantial development completeness toward maintaining an approval. The amendments prevent projects from becoming vested yet not being built or completed, and remaining in an inactive status. · Comprehensive Sign Program Process (Pages 51 - 55 of Ordinance) The ordinance establishes a formal process for the submittal, review, and action on Comprehensive Sign Program applications. This process is designed to allow for the City's Comprehensive Sign Program to be consistent in process and to be efficient. Application reviews and staff decisions will occur within specific timeframes. Other Amendments Proposed Ordinance 7835-07 includes a significant number of amendments that the Planning Department believes will assist residents and staff but do not have maj or policy implications. These amendments include: . Providing language to enable greater wall and fence height allowances in limited circumstances; Page 3 Amendments to the Community Development Code, Proposed Ordinance No. 7835-07 StaffRepOIhtem # 16 Attachment number 1 Page 4 of 6 . Making the Code consistent with other law or rules; . Amending the definitions section; and . Improving tree replacement provisions and the tree removal permit process. CRITERIA FOR TEXT AMENDMENTS: Code Section 4-601 specifies the procedures and criteria for reviewing text amendments. Any code amendment must comply with the following. 1. The proposed amendment is consistent with and furthers the goals, policies, objectives of the Comprehensive Plan. Below is a selected list of goals, policies, objectives from the Clearwater Comprehensive Plan that are furthered by the proposed amendments to the Community Development Code: . Goal 4 - The City of Clearwater shall ensure that all development or redevelopment initiatives meet the safety, environmental, and aesthetic needs of the City through consistent implementation of the Community Development Code. The proposed amendments provide for reduced parking requirements for marinas and marina facilities. . Objective 4.1 - All signage within the City of Clearwater shall be consistent with the Clearwater sign code, as found within the Community Development Code, and all proposed signs shall be evaluated to determine their effectiveness in reducing visual clutter and in enhancing the safety and attractiveness of the streetscape. . Policy 4.1.1 - Commercial signs in Clearwater shall be restricted to discourage the proliferation of visual clutter, promote community aesthetics, provide for highway safety, and to allow the identification of business locations. . Policy 4.1.3 - Sign identification of City parks and buildings shall be used as a positive example of aesthetic and legible site identification. The proposed amendments include a single consistent process for City staff review of Comprehensive Sign Program application submittals. . Objective 4.2 - All development or redevelopment initiatives within the City of Clearwater shall meet the minimum landscaping/tree protection standards of the Community Development Code in order to promote the preservation of existing tree canopies, the expansion of that canopy, and the overall quality of development within the City. Page 4 Amendments to the Community Development Code, Proposed Ordinance No. 7835-07 StaffRepOIhtem # 16 Attachment number 1 Page 5 of 6 . Policy 4.2.1 - All new development or redevelopment of property within the City of Clearwater shall meet all landscape requirements of the Community Development Code. The ordinance improves City tree protection requirements and the tree removal permit process. The ordinance also strengthens the standards for the preparation of landscape plans. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendments include a broad range of regulations ranging from permitted uses, standards, procedures, and definitions. The proposed amendments are consistent with the provisions of Section 1-103 that lists the purposes of the Code. SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code are consistent with the Clearwater Comprehensive Plan and the purposes of the Community Development Code. These amendments further the development goals that established the Code. Existing Community Development Code provisions are amended to better reflect City development patterns and improve internal processes. The Planning Department Staff recommends APPROVAL of Ordinance No. 7835-07 which makes revisions to the Community Development Code. The Community Development Board (CDB) reviewed this proposed set of text amendments at its meeting on November 20,2007. The Community Development Board unanimously recommended approval with two recommendations: 1. That Section 3-903. A. be modified to read, "... walkways leading to building entrances, driveway access to garages...." The Planning Department concurs with the recommendation, which is incorporated in the attached ordinance. 2. That Planning Department staff study the matter of the number of boat slips per parking space and provide evidence to substantiate a recommendation for one parking space per two slips. The recommendation for one parking space per two slips is justified as follows: a. Wade Trim conducted research regarding marina high and dry parking needs. That research actually indicates that one parking space for every four boat slips is adequate to accommodate marinas even in peak demand periods. Attached Page 5 Amendments to the Community Development Code, Proposed Ordinance No. 7835-07 StaffRepOIhtem # 16 Attachment number 1 Page 6 of 6 please find support material from Wade Trim. b. The intent of the "one parking space per two slips" amendments, as proposed by the Planning Department, is to achieve consistency with other parking space requirements of the Community Development Code. Prepared by Planning Department: Michael H. Reynolds, AICP ATTACHMENT: Proposed Amendments to the Community Development Code Ordinance No. 7835-07 S:IPlanning DepartmentlCommunity Development Codel2007 Code AmendmentslCode 41staff report code four city council. doc Page 6 Amendments to the Community Development Code, Proposed Ordinance No. 7835-07 StaffRepOIhtem # 16 Attachment number 2 Page 1 of 4 REPORT: PARKING STANDARDS FOR MARINAS INTRODUCTION The City of Clearwater is in the process of developing a Bayfront Marina project. The City has requested Wade Trim to compile off street parking requirements for marinas in other Florida communities to take into consideration for the project development as well as to potentially amend the current Community Development Code. The current Community Development Code, in section 7, Article 2, Zoning Districts, Section 2-903 (Table 2-903. "D" District Flexible Development Standards) establish one parking space per boat slip as such requirement. The following provides a summary of comparable offsite parking requirements for marinas. The information was compiled from standards established in 11 Florida Cities (Code of Ordinances) and in "marina development literature." STANDARDS City of St. Petersbun!. Florida Sec. 29-642. Off-street parking, loading requirements. (Code 1973, S 64.208; Ord. No. 2119-F, S 2,10-3-91; Ord. No. 406-0, S 5, 9-16-99) "Marinas. One space for each five boat slips and one space for each eight high and dry storage spaces, all in addition to parking required for related commercial sales or servlces. City of Tampa. Florida Sec. 27-242. Number of off-street parking spaces. General Zoning: Off-Street Parking and Loading Spaces per Unit Unit Marina - boat and watercraft storage 0.5 slip or berth Marina - sales and repair 1.0 employee Sec. 27-456. Parking requirements. Special District: Channel District Spaces per Unit Unit Marina - boat and watercraft storage 2.0 slip or berth Marina - sales and repair 1.0 Employee or III WADETRIM 1 Item # 16 Attachment number 2 Page 2 of 4 1 + 2.0 11,000 sq. ft. (GFA) City of Sarasota. Florida Sec. VII-204. Number of parking spaces required and bicycle standards. "Commercial marinas: 1 space/500 square feet of storage/repair area plus pleasure craft: one space for each 3 slips; and charter boats: one space for every three seats. " City of NavIes. Florida Sec. 50-104. Number of parking spaces. "Marinas and boat storage facilities: 0 spaces for dry boat storage and/or marine repair facilities. 1 parking space per 300 square feet of offices and retail sales area. 1 space per 10 dry slips. 1 space per 4 wet slips. 1 additional space for each slip which is assigned a live-aboard capacity. Marinas are encouraged to submit a parking needs analysis (see section 50-107) in support of charter boat activity operating from their facilities. " City of Ft. Myers. Florida Sec. 134-115. Minimum required off-street parking spaces "(64) Marinas: 1 per 2 wet slips and 1 per 3 dry slips." City of Miami Beach. Florida Sec. 130-32. Off-street parking requirements for parking district no. 1. "(31)Marina: 1 space per 2 wet slips; 1 space per 10 slips in dry dock storage facility. " City of West Palm Beach. Florida Sec. 94-486. Specific parking requirements; loading space requirements for individual uses "75.1. MARINE: COMMERCIAL: 1 per slip, 1 for every 4 dry docks" III WADETRIM 2 Item # 16 Attachment number 2 Page 3 of 4 City of Jacksonyille. Florida Sec. 656.604. Number of off-street parking spaces required. "(f) Commercial uses: (4) Marinas--Two spaces per three boat slips plus one space per four dry boat storage spaces plus spaces for other uses a normally required, including restaurants. " City of Jacksonville Beach. Florida Sec. 34-377. Off-street parking space requirements. "Marinas One (1) space per four (4) wet berths plus one (1) space per six (6) dry storage spaces. " City of AU2ustine. Florida Sec. 28-373. Required off-street parking. "(23) Marinas 1 per 2 newly constructed wet boat slips, excluding those used for charter boats, plus 1 per 10 dry boat storage spaces. Wet slips usedfor charter boats (including those for fishing, shelling, diving, and sightseeing purposes) are computed at 1 per 3 boat passengers based on the maximum number of passengers, and charter boats used for dining are computed at 1 per 2 boat passengers based on the maximum number of passengers. Each parking space provided to meet the marina's boat slip or dry storage parking requirements may also be credited towards meeting 100 square feet of the parking requirements for the marina or permitted marina-related activities, excluding restaurants, lounges/bars and private clubs. Uses not receiving credit from parking provided for boat slips or dry storage spaces shall provide parking at the normal rate for those uses as required within this Code. " City of North Palm Beach. Florida Sec. 45-31. C-A commercial district.( G. Off-street parking and loading regulations) "Marina Two (2) for each three (3) boat mooring or storage space, boat for rent, as based on the design capacity of the facility. If public boat launchingfacilities are provided, the parking spaces shall be increasedfifty (50) percent of that number as computed above." III WADETRIM 3 Item # 16 Attachment number 2 Page 4 of 4 Standards in Publications Tobiasson. B. O. and R. C. Kollmeyer. Marinas and Small Craft Harbors. 2nd Edition. Westyikin2: Press. 2000. 0.5 parking spaces per boat slip + staff parking or One parking space per two boat slips + staff parking Conclusion After analyzing the collected information, Wade Trim recommends that the City to consider amending the current Community Development Code requirement of 1 parking space per 1 wet slip, to 1 parking space per 3 wet slips. III WADETRIM 4 Item # 16 Attachment number 3 Page 1 of 59 ORDINANCE NO. 7835-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS, CHART 2-100 PERMITTED USES; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2- 301.1, MAXIMUM DEVELOPMENT POTENTIAL, TO ADD A FUTURE LAND USE DESIGNATION FOR CONSISTENCY WITH THE COMPREHENSIVE PLAN; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-704, TO ADD MARINAS AS A PERMITTED USE AND CHANGE THE FLEXIBILITY CRITERIA HEADING TO INCLUDE MARINAS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTIONS 2-802, 2-803, 2-902, AND 2-903 TO ADD MIXED USE AS A PERMITTED USE AND TO PROVIDE FLEXIBILITY FOR SAME; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-803, TO ADD MARINAS AS A PERMITTED USE AND CHANGE THE FLEXIBILITY CRITERIA HEADING TO INCLUDE MARINAS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-903, TO ADD VETERINARY OFFICES AND OR ANIMAL GROOMING AS A PERMITTED USE, AND BOARDING AS AN ACCESSORY USE, PROVIDING MAXIMUM BUILDING HEIGHT AND MINIMUM OFF-STREET PARKING, AND ADDING FLEXIBLlTY CRITERIA; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-903, TO ADD MARINAS AS A PERMITTED USE SEPARATE FROM MARINA FACILITIES, REDUCE THE PARKING REQUIREMENT, AND CHANGE THE FLEXIBILITY CRITERIA HEADING TO INCLUDE MARINAS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1204, TO MAKE PLURAL THE PERMITTED USE "MARINA" AS MARINAS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1302, TO ADD INDOOR RECREATION/ENTERTAINMENT, AND PUBLICATIONS AND PRINTING AS PERMITTED USES AND PROVIDE DIMENSIONAL AND MINIMUM OFF- STREET PARKING REQUIREMENTS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1303, TO ADD PUBLICATIONS AND PRINTING AS A PERMITTED USE AND PROVIDE DIMENSIONAL AND MINIMUM OFF- STREET PARKING REQUIREMENTS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1502, TO REDUCE THE PARKING REQUIREMENT FOR MARINAS AND TO CORRECT THE TABLE NUMBER; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-804 TO ENABLE ADDITIONAL WALL HEIGHT ALLOWANCES AND TO DESIGNATE, BY ADDING AND REMOVING DISTRICTS, WHERE SUCH ALLOWANCES WILL OCCUR; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-805 TO ENABLE VACANT LOTS AND LOTS WITHOUT A PRIMARY USE TO BE FENCED; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-903 TO ALLOW FOR CERTAIN ENCROACHMENTS INTO SETBACKS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1202 GENERAL LANDSCAPING STANDARDS TO CLARIFY PLANT MATERIAL STANDARDS; AND 1 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 2 of 59 AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1205 TO CHANGE A TITLE WITHIN THIS SECTION AND TO REVISE THE CONDITIONS AND SPECIFICATIONS FOR THE REPLACEMENT OF TREES AND PALMS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1407, PARKING RESTRICTIONS, TO EDIT TEXT FOR CLARIFICATION OF WHERE VEHICLES CANNOT BE PARKED OR STORED; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1502 TO PROHIBIT WINDOWS FROM BEING COVERED UP WITHIN ANY COMMERCIAL AREA OF THE CITY; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1803 TO ADDRESS EXCEPTIONS TO SIGNS PROHIBITED ON PUBLICLY OWNED LAND OR EASEMENTS OR INSIDE STREET RIGHTS OF WAY; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1805 TO ADD A NEW SUBSECTION TO ADDRESS CERTAIN SIGNS PERMITTED WITHOUT A PERMIT ON CITY PARK PROPERTY; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-202, REVISING APPLICATION REQUIREMENTS; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-303, BY ADDING TEXT TO NULL AND VOID AN APPROVAL UPON DETERMINATION OF INACTION TO IMPLEMENT A BUILDING PERMIT; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-407, BY REVISING TEXT REGARDING IMPLEMENTING APPROVED SITE PLANS; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-606, BY REVISING TEXT TO LENGTHEN THE EXPIRATION OF DEVELOPMENT AGREEMENTS; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-608, BY REVISING TEXT TO CHANGE CERTAIN CITY STAFF ROLES WITHIN THE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT DESIGNATION PROCESS; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTIONS 4-1001 AND 4-1008, BY ADDING A SPECIFIC APPLICATION PROCEDURE FOR THE COMPREHENSIVE SIGN PROGRAM; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-1201, BY IMPROVING THE WORDING OF A REQUIREMENT TO OBTAIN A PERMIT TO REMOVE CERTAIN TREES; AND AMENDING ARTICLE 8, SECTION 8-102 TO ADD TO THE DEFINITION OF COMMUNITY DEVELOPMENT BOARD, AND TO ADD NEW DEFINITIONS: PUBLICATIONS AND PRINTING, SEASONAL SALES, AND PRINCIPAL STRUCTURE AND RIGHT-OF-WAY LOCATION; AND AMENDING APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES TO REVISE CERTAIN TEXT AND UPDATE CERTAIN FEES; AND PROVIDING AN EFFECTIVE DATE. 2 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 3 of 59 WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March 8, 1999, and WHEREAS, since the effective date of the new Community Development Code, the City of Clearwater has reviewed numerous development proposals in all of the new zoning districts in all parts of the City that utilize the Minimum Standard, Flexible Standard and Flexible levels of review, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, and WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 2, Zoning Districts, Chart 2-100, Permitted Uses, is amended as follows: 3 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 4 of 59 Table 2-100 CHART 2-100 PERMITTED USES Use Categories LOR LMDR MDR MHDR HDR MHP C T 0 0 I IRT OSR P CRNCODIENCOD Residential Detached dwellingc -X -X -X -X -X -X -X Attached d'.^ielling8 -X -X -X -X -X -X /\cceccory dwellingc -X -X -X -X -X -X Community re8idential home8 -X -X -X -X -X -X -X Accessory dwellinqs - X X X X X X Attached dwellinqs X X X X X X X Community residential homes X X X X X X X X Detached dwellinqs X X X X X X X X Mobile homes X Mobile home parks X Residential infill projects X X X X X X X Non residential Adult uses X X Ai rpo rt X Alcoholic beverage sales X X X Animal grooming and or boarding X X -X X Assisted living facilities X X X X Automobile service stations X X Cemeteries X Comprehensive infill redevelopment l*9h-proiect (CI RP) X X X X X X X Congregate care X X X X Convention center X Educational facilities X X X X Governmental uses X X X X X X Halfway houses X Hospitals X I ndoor recreation/entertainment X X X X Light assembly X Limited vehicle €ale8idi8play€ -X -X Limited 'iehicle cervice -X Manufacturing X Marinas -X -X -X -X X Marinas and marina facilities X X X X Medical clinic X X X X -X Mixed use X X X X Nightclubs, taverns and bars X X X X Non-residential off-street parking X X X X 4 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 5 of 59 Nursing homes X X X X Offices X X X X X X Off-street parking X X Open space X Outdoor recreation/entertainment X X X X X X Outdoor retail sales, display and/or storage X X Overnight accommodations X X X X X X X X X ParkinQ QaraQes and lots X X X X X X Parks and recreation facilities X X X X X X X X X X X X Places of worship X X X X Problematic uses X Public facility X X Publications and printinQ X Public transportation facilities X X X X X X X X Research and technology use X Residential shelters X X X Restaurants X X X X X X Retail sales and services X X X X X X X X RV parks X SalvaQe yards X Schools X X X X X X X Self-storage warehouse X X Sidewalk vendors X X Social and community centers X X X X Social/public service agencies X X X X X X Telecommunications towers X X X X X TV/radio studios X X Utility/infrastructure facilities X X X X X X X X X X X X X X X Vehicle sales/displays X X Vehicle sales/displays, limited X X Vehicle sales/displays, major X Vehicle service X Vehicle service, limited X Vehicle service, major X Veterinary offices X X X X Wholesale/distri bution/warehouse facility X 5 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 6 of 59 Section 2. Article 2, Zoning Districts, Section 2-301.1, Maximum development potential, is amended as follows: Countywide Future Land Maximum Dwelling Maximum Floor Area Use Designation Units per Acre Ratiollmpervious Surface of Land Ratio Residential Urban 7.5 dwelling units FAR AOIISR .65 per acre Residential Low Medium 10 dwelling units per FAR .501lSR .75 acre Residential Medium 15 dwelling units per FAR .501lSR .75 acre Residential/Office General 15 dwelling units per FAR .501lSR .75 acre Res identia I/Office/Reta i I 18 dwellinq units per FAR AOIISR .85 acre Section 3. Article 2, Zoning Districts, Section 2-704, Flexible development, is amended as follows: *********** Table 2-704. "C" District Flexible Development Standards Min. Min. Min. Min. Lot Lot Max. Min. Side Rear Min. Off- Use Area Width Height Front (ft.) (ft.) Street (sq. ft.) (ft. ) (ft. ) (ft.) Parking Alcoholic Beverage Sales 5,000-- 50n 15-- On 10-- 5 per 1,000 10,000 100 25 25 10 20 GFA Determined by the community Com prehensive development n/a n/a coordinator lnfill Redevelopment n/a n/a n/a n/a based on the Project specific use and/or ITE Manual standards 6 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 7 of 59 3--5/1000 SF Indoor 3,500-- 30-- 25--50 15-- 0-- 10-- GFA or 3-- Recreation/Entertai n ment 10,000 100 25 10 20 5/lane, 1-- 2/court or 1/machine 5,000-- 50-- 15-- 0-- 10-- 4--5 spaces Light Assembly 10,000 100 25 25 10 20 per 1,000 GFA 5,000-- 50-- 15-- 0-- 10-- 4--5 spaces Limited Vehicle Service 10,000 100 25 25 10 20 per 1,000 GFA Marinas and Marina 5,000-- 1 space per 2 Facilities 20,000 50 25 25 10 20 slips 4--5 spaces 5,000-- per 1,000 Mixed Use 10,000 50-- 25--50 15-- 0-- 10-- GFA and 2 100 25 10 20 spaces per residential unit 5,000-- 50-- 15-- 0-- 10-- 10 per 1,000 Nightclubs 10,000 100 25 25 10 20 GFA 3,500-- 30-- 25--50 15-- 0-- 10-- 3--4 spaces Offices 10,000 100 25 10 20 per 1,000 GFA Off-Street Parking 10,000 100 n/a 15-- 0-- 10-- n/a 25 10 20 1--10 per 1,000 SQ FT of land area or as Outdoor determined Recreation/Entertai n ment 20,000 100 25 15-- 10 10-- by the 25 20 community development coordinator based on ITE Manual standards Overnight 20,000- 1 00-- 25--50 15-- 0-- 10-- Accommodations 40,000 200 25 10 20 1 per unit Problematic Uses 5,000 50 25 15-- 10 10-- 5 spaces per ~~ ~~ 1.000 SF 7 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 8 of 59 25 20 GFA 3,500-- 35-- 25--50 15- 0-- 10-- 7--15 spaces Restaurants 10,000 100 25 10 20 per 1,000 GFA Retail Sales and Services 3,500-- 30-- 25--50 15-- 0-- 10-- 4--5 spaces 10,000 100 25 10 20 per 1,000 GFA RV Parks 40,000 200 25 15-- 20 10-- 1 space per 25 20 RV space 1 per 20 units Self Storage 20,000 100 25 15-- 10 10-- plus 2 for 25 20 manager's office 3--4 spaces Social/Public Service 5,000-- 50-- 25--50 15-- 0-- 10-- per 1,000 Agencies (1) 10,000 100 25 10 20 GFA Refer Telecommunication 10,000 to 100 section 25 10 20 n/a Towers 3- 2001 10,000- 2.5 spaces Vehicle Sales/Displays 40,000 1 00-- 25 15-- 10 10-- per 1,000 SQ 200 25 20 FT of lot area Veterinary Offices or 5,000-- 50-- 15-- 0-- 10-- 4 spaces per Grooming and Boarding 10,000 100 25 25 10 20 1,000 GFA *********** Flexibility Criteria: *********** B. Marinas and mMarina facilities. *********** Section 4. Article 2, Zoning Districts, Section 2-802, Flexible standard development is amended as follows: *********** 8 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 9 of 59 Table 2-802. "T" District Flexible Standard Development Standards Min. Lot Min. Max. Min. Off- Use (1) A.rea Lot Height Min. Setbacks Density Street Width (1) (ft.) (1) (sq. ft.) (ft. ) (ft. ) Parking Front Side Rear Accessory Dwellings n/a n/a n/a n/a n/a n/a 30 1/unit units/acre Alcoholic Beverage Sales 5,000 50 35 10-- 10 20 n/a 5 per 1,000 15 GFA Attached Dwellings 10,000 100 35-- 10-- 10 10-- 30 2 per unit 50 15 20 units/acre Governmental Uses(2) 10,000 100 35-- 10-- 0-- 10-- n/a 3--4/1,000 50 15 10 20 GFA Indoor 35-- 0--15 0-- 10 per 1,000 Recreation/Entertai n ment 5,000 50 100 10 20 n/a GFA Medical Clinic 10,000 100 30-- 10-- 10 20 20 2--3/1,000 50 15 GFA 50- 35-- 0-- 10-- 30 Based upon Mixed Use 10,000 100 50 0--15 10 20 units/acre use requirements Nightclubs 5,000 50 35 15 10 20 n/a 10 per 1,000 GFA Non-Residential Off- n/a n/a n/a 25 5 10 n/a n/a Street Parking 10,000 100 35-- 10-- 0-- 10-- 3--4 spaces Offices 50 15 10 20 n/a per 1,000 GFA 2.5 spaces per 1,000 sq. ft. of lot area or as Outdoor determined Recreation/Entertai n ment 5,000 50 35 10-- 10 20 n/a by the 15 community development director based on ITE Manual standards 9 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 10 of 59 100- 40 Overnight 20,000 - 35-- 10-- 0-- 10-- rooms/acre 1 per unit Accommodations 150 50 15 10 20 Parking Garages and 20,000 100 50 15-- 10 10-- n/a n/a Lots 25 20 1 per 20,000 SF land area or as determined Parks and Recreation n/a by the Facilities n/a 50 25 10 20 n/a community development coordinator based on ITE Manual standards Public Transportation n/a n/a 10 n/a n/a n/a n/a n/a Facilities(3) Sidewalk Vendors flfa...- flfa... flfa...- flfa...- flfa...- flfa...- flfa...- flfa...- 5,000-- 50-- 25-- 10-- 0-- 10-- 7-15 spaces Restaurants 10,000 100 35 15 10 20 n/a per 1,000 GFA Retail Sales and 5,000-- 50-- 35-- 10-- 0-- 10-- 4--5 spaces Services 10,000 100 50 15 10 20 n/a per 1,000 GFA Sidewalk Vendors n/a n/a n/a n/a n/a n/a n/a n/a Social and Community 5,000-- 50-- 35-- 10-- 0-- 10-- 4--5 spaces Center 10,000 100 50 15 10 20 n/a per 1,000 GFA Utility/l nfrastructure n/a n/a n/a 25 10 10 n/a n/a Facilities(4) ************ Flexibility Criteria: ************ F. Mixed Use 1. Lot area and width: The reduction in lot area and/or width will not result in a buildinq which is out of scale with existinq buildinqs in the immediate vicinity of the parcel proposed for development. 10 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 11 of 59 2. Front setback: The reduction in front setback results in an improved site plan or improved desiqn and appearance. 3. Side and rear setback: a. The reduction in side and/or rear setback does not neqatively impede emerqency access. b. The reduction in side and/or rear setback results in an improved site plan, more efficient parkinq, or improved desiqn appearance and landscaped areas are in excess of the minimum required. 4. Off-street lJarkinq: ~ Adequate parkinq is available on a shared basis as determined by all existinq land uses within 1,000 feet of parcel proposed for development. or parkinq is available throuqh any existinq or planned and committed parkinq facilities or the shared parkinq formula in Article 2, Division 14: !L The physical characteristics of a proposed buildinq are such that the likely uses of the property will require fewer parkinq spaces per floor area than otherwise required or that the use of siqnificant portions of the buildinq will be used for storaqe or other non-parkinq demand-qeneratinq purposes. 5. The increased heiqht results in an improved site plan, landscapinq areas in excess of the minimum required or improved desiqn and appearance. G~. Nightclubs. 1 . Location. a. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; b. The use of the parcel proposed for development will not involve direct access to a major arterial street; 2. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. HG. Non-residential off-street parking. 1. The parcel proposed for development is contiguous to the parcel on which the non- residential use which will be served by the off-street parking spaces, is located and has a common boundary of at least 25 feet, or the parcel proposed for development is located 11 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 12 of 59 immediately across a public road from the non-residential use which will be served by the off- street parking spaces, provided that access to the off-street parking does not involve the use of local streets which have residential units on both sides of the street. 2. No off-street parking spaces are located in the required front setback for detached dwellings in the T District or within ten feet, whichever is greater, or within (10) feet of a side or rear lot line, except along the common boundary of the parcel proposed for development and the parcel on which the non-residential use which will be served by the off-street parking spaces. 3. Off-street parking spaces are screened by a wall or fence of at least four feet in height which is landscaped on the external side with a continuous hedge or non-deciduous vine. 4. All outdoor lighting is automatically switched to turn off at 9:00 p.m. 5. All parking spaces shall be surface parking. 6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 1M. Offices. 1. The use of the parcel proposed for development fronts on but will not involve direct access to a major arterial street; 2. All signage is a part of the comprehensive sign program; 3. The design of all buildings complies with the Tourist District design guidelines in Article 3 Division 5. 4. Setbacks: a. The reduction in front setback contributes to a more active and dynamic streetlife; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks results in landscaped areas in excess of the minimum required. 12 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 13 of 59 5. Off-street parking: a. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; b. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. 6. Height: The increased height results in an improved site plan or improved design and appearance. .Jl Outdoor recreation/entertainment. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. All signage is a part of a comprehensive sign program; 3. Sound amplification is designed and constructed to ensure that no amplified sound can be heard to the extent that the sound is recognizable in terms of the meaning of words or melody when wind conditions are less than ten miles per hour at a distance of more than 100 feet in all directions or when wind conditions are ten miles per hour or greater at a distance of more than 150 feet in all directions; 4. All outdoor lighting is designed and constructed so that no light falls directly on land other than the parcel proposed for development; 5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 6. Front setback: a. The reduction in front setback contributes to a more active dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance. 7. Off-street parking: a. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; or 13 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 14 of 59 b. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building are used for storage or other non- parking demand-generating purposes. KJ. Overnight accommodations. 1. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 2. Height: The increased height results in an improved site plan and/or improved design and appearance; 3. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; 4. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks does not reduce the amount of landscaped area otherwise required. 5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 6. Lot width: The reduction in lot width will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. 1K Parking garages and lots. 1. The parcel proposed for development is not contiguous to land designated as residential in the Zoning Atlas; 2. Access to and from the parking garage or lot shall be based on the findings of a transportation analysis approved by the city; 14 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 15 of 59 3. The stacking spaces available for cars waiting to pass through a parking ticket dispensable or booth to enter the garage or lot shall be based on the design and size of the garage or lot; 4. Any frontage along a public street is landscaped or designed to be similar in character and use to other uses fronting on each street for a distance of 250 feet in either direction along the street or the nearest intersections, whichever is less; 5. Parking structures are designed, constructed and finished so that the structure of the garage is architecturally compatible the design and character of adjacent principal uses; 6. There is an unmet existing demand for additional parking in the immediate vicinity of the parcel proposed for development; 7. Construction of a parking structure would not otherwise be physically feasible; 8. The front and rear setbacks which are provided are improved as an arcade or with other active pedestrian/commercial areas for sidewalk cafes, sidewalk vendors, street furniture or urban amenities; 9. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 10. Front setback: a. The reduction in front setback contributes to a more active dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance. 11. Rear setback: a. The reduction in rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in rear setback results in an improved site plan, more efficient parking or improved design and appearance; c. The reduction in rear setback results in landscaping in excess of the minimum required. MI:::. Parks and recreation facilities. 1. The proposed use is compatible with the surrounding properties. 15 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 16 of 59 2. Off-street parking is screened from adjacent parcels of land and any street by a landscaped wall or fence of at least four feet in height. 3. All outdoor lighting is designed so that no light fixtures cast light directly on adjacent land used for residential proposes. 4. Off-street parking: Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 square feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. NM. Public transportation facilities. 1. The public transportation facilities are not located within 1,000 feet of another public transportation facility unless necessary to serve established transit stops with demonstrated ridership demand; 2. The public transportation facilities are designed, located and landscaped so that the structure of the facilities are screened from view from any residential use or land designated as residential in the Zoning Atlas; 3. All lighting associated with the public transportation facilities is designed and located so that no light is cast directly on any residential use or land designated as residential in the Zoning Atlas; 4. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. ON. Restaurants: 1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 2. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 3. Height: The increased height results in an improved site plan and/or improved design and appearance; 4. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; 5. Setbacks: 16 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 17 of 59 a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks does not reduce the amount of landscaped area otherwise required. 6. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes; b. Adequate off-street parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; c. Fast food restaurants shall not be eligible for a reduction in the number of off- street parking spaces. 7. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. PG. Retail sales and services. 1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 2. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 3. Height: The increased height results in an improved site plan or improved design and appearance; 4. Setbacks: 17 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 18 of 59 a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks does not reduce the amount of landscaped area otherwise required; 5. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes; b. Adjacent land uses are of a nature that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; c. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14. 6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. QP. Sidewalk vendors. 1. The location of the sidewalk vendor does not impair pedestrian movement. 2. The land occupied by a sidewalk vendor is not designated or used for required off-street parking. RQ. Social and community center. 1. The parcel proposed for development does not abut any property designated as residential in the Zoning Atlas. 2. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 18 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 19 of 59 3. Side and rear setback: The reduction in side and/or rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and results in landscaping in excess of the minimum required. SR Utility/infrastructure facilities. 1. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees which five years after installation substantially will obscure the fence or wall and the above ground structure; 2. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. Section 5. Article 2, Zoning Districts, Section 2-803, Flexible development is amended as follows: *********** Table 2-803. "T" Flexible Development Standards Min. Min. Max. Min. Min. Min. Lot Lot Height Front Side Rear Min. Off- Use (1) Area Width (ft. ) (ft.) (ft.) (ft.) Density Street (sq. ft.) (ft.) (1) (1) (1) (1) Parking Alcoholic Beverage Sales 5,000 50 35-- 0-- 0-- 10-- n/a 5 per 1,000 100 15 10 20 GFA 5,000-- 50-- 35-- 0-- 0-- 10-- 30 Attached Dwellings 10,000 100 100 15 10 20 units/acre 2 per unit 2 spaces per attached dwelling unit and as determined 30 by the units/acre; community Comprehensive lnfill n/a n/a n/a n/a n/a n/a 40 development Redevelopment Project rooms/acre coordinator for all other uses based on the specific use and/or ITE Manual standards 19 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 20 of 59 Limited Vehicle Sales and 5,000 50 35-- 0-- 0-- 10-- 4--5 spaces Display 100 15 10 20 n/a per 1,000 GFA Marinas and Marina 5,000 50 10-- 0-- 10-- 1 space per Facilities 25 15 n/a 10 20 2 slips Mixed Use 5,000 - 50- 35-- 0-- 0-- 0-- 30 Based upon 10,000 100 100 15 10 20 units/acre use requirements Nightclubs 5,000 50 35-- 0-- 0-- 10-- 10 per 1,000 100 15 10 20 n/a GFA 3--4 spaces per 1,000 GFA Offices 10,000 100 35-- 0-- 0-- 10-- 100 15 10 20 n/a 2.5 spaces per 1,000 SQ FT of lot area or as Outdoor determined Recreation/Entertai n ment 5,000 50 35 5-- 0-- 10-- by the n/a 15 10 20 community development coordinator based on ITE Manual standards 10,000- 40 Overnight - 100-- 35-- 0-- 0-- 0-- Accommodations 20,000 150 100 15 10 20 rooms/acre 1 per unit 5,000-- 50-- 25-- 0-- 0-- 10-- 7--15 spaces Restaurants 10,000 100 100 15 10 20 n/a per 1,000 GFA Retail sales and services 5,000-- 50-- 35-- 0-- 0-- 10-- 4--5 spaces 10,000 100 100 15 10 20 n/a per 1,000 GFA *********** 20 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 21 of 59 Flexibility Criteria: *********** E. Marinas and mMarina facilities. *********** L. Mixed use 1. Lot area and width: The reduction in lot area and lor width will not result in a buildinq which is out of scale with existinq buildinqs in the immediate vicinity of the parcel proposed for development. 2. Front setback: The reduction in front setback results in an improved site plan or improved desiqn and appearance. 3. Side and rear setback: a. The reduction in side and/or rear setback does not prevent access to the rear of any buildinq by emerqency vehicles. b. The reduction in side and/or rear setback results in an improved site plan, more efficient parkinq, or improved desiqn appearance and landscaped areas are in excess of the minimum required. 4. The increased heiqht results in an improved site plan, with landscapinq areas in excess of the minimum required or improved desiqn and appearance. 5. Off-street lJarkinq: ~ The physical characteristics of a proposed buildinq are such that the likely uses of the property will require fewer parkinq spaces per floor area than otherwise required or that the use of siqnificant portions of the buildinq are used for storaqe or other non- parkinq demand-qeneratinq purposes. !L Adequate parkinq is available on a shared basis as determined by all existinq land uses within one thousand (1,000) feet of the parcel proposed for development or parkinq is available throuqh any existinq or planned and committed parkinq facilities or the shared parkinq formula in Article 2, Division 14. Section 6. Article 2, Zoning Districts, Flexible standard development, Section 2- 902, is amended as follows: 21 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 22 of 59 *********** Table 2-902. "D" Flexible Standard Development Standards Max. Min. Off-Street Use Height Parking (ft.) Accessory Dwellings n/a n/a Alcoholic Beverage Sales 30--50 3--5 per 1,000 GFA Attached Dwellings 30--50 1-1.5 per unit Convention Center 30-50 5 per 1,000 GFA Indoor Recreation/Entertai n ment 30--50 3--5 per 1,000 GFA Facility Mixed Use 30--50 Based upon use requirements Nightclubs 30--50 3--10 per 1,000 GFA Offices 30--50 1--3 per 1,000 GFA Overnight Accommodations 30--50 .75--1 per unit Parking Garages and Lots 50 n/a Parks and Recreation 1 per 20,000 SF or as determined by the Facilities 50 community development coordinator based on ITE Manual standards Places of Worship 30--50 .5--1 per 2 seats Public Transportation 10 n/a Facilities Restaurants 30--50 5--15 per 1,000 GFA Retail Sales and Service 30--50 2--4 per 1,000 GFA Sidewalk Vendors n/a n/a Social and Community 30--50 2--4 per 1,000 GFA Centers Utility/l nfrastructure Facilities n/a n/a Flexibility Criteria: *********** F. Mixed use 22 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 23 of 59 1. Heiqht: The increased heiqht results In an improved site plan and/or improved desiqn and appearance: 2. Off-street lJarkinq: ~ The physical characteristics of a proposed buildinq are such that the likely uses of the property will require fewer parkinq spaces per floor area than otherwise required or the physical context, includinq adiacent buildinqs and uses are such that there is a hiqh probability that patrons will use modes of transportation other than the automobile to access the use; .!2. Adequate parkinq is available on a shared basis as determined by all existinq land uses within one thousand (1,000) feet of the parcel proposed for development or parkinq is available throuqh any existinq or planned and committed parkinq facilities or the shared parkinq formula in Article 2, Division 14. 3. Desiqn: The desiqn of all buildinqs complies with the Downtown District desiqn quidelines in Division 5 of Article 3. G~. Nightclubs. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 3. Design: a. All street frontage is designed and used for commercial purposes; b. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. HG. Offices. 23 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 24 of 59 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; b. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. 3. Design: a. All street frontage is designed and used for commercial purposes; b. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. 1M. Overnight accommodations. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. .Jl Parking garages and lots. 1. The parcel proposed for development is not contiguous to land designated as residential in the Zoning Atlas; 2. Access to and from the parking garage or lot shall be based on the findings of a transportation analysis approved by the city; 3. The stacking spaces available for cars waiting to pass through a parking ticket dispenser or booth to enter the garage or lot shall be based on the design and size of the garage or lot; 24 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 25 of 59 4. Any frontage along a public street is designed and improved to be similar in character and use to other uses and structures fronting on each street for a distance of 250 feet in either direction along the street or the nearest intersections, whichever is less; 5. Parking structures are designed, constructed and finished so that the structure of the garage is architecturally compatible with the design and character of adjacent principal uses; 6. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. KJ. Parks and recreation facilities. 1. The proposed use is compatible with the surrounding properties. 2. Off-street parking is screened from adjacent parcels of land and any street by a landscaped wall or fence of at least four feet in height. 3. All outdoor lighting is designed so that no light fixtures cast light directly on adjacent land used for residential purposes. 4. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14. 1K Places of worship. 1. Access: The use of the parcel proposed for development will not involve direct access to a major arterial street; 2. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required and/or improved design and appearance; b. The increased height will not reduce the vertical component of the view from any adjacent residential property; 3. Off-street parking: The total number of off-street parking spaces including off-site parking spaces within 600 feet of the parcel proposed for development will be available on a shared basis to meet the peak period demands of the facility; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. MI:::. Public transportation facilities. 1. The public transportation facilities are not located within 1,000 feet of another public transportation facility unless necessary to serve established transit stops with demonstrated ridership demand; 25 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 26 of 59 2. The public transportation facilities are designed, located and landscaped so that the structure of the facilities are screened from view from any residential use or land designated as residential in the Zoning Atlas; 3. Any lighting associated with the public transportation facilities is designed and located so that no light is cast directly on any residential use or land designated as residential in the Zoning Atlas; 4. The design of all buildings complies with the Downtown District design guidelines in Division 4 of Article 3. NM. Restaurants. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. ON. Retail sales and service. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within one thousand (1,000) feet of the parcel proposed for development or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; 3. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. PG. Sidewalk vendors. 26 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 27 of 59 1. The location of the sidewalk vendor does not impair pedestrian movement; 2. The land occupied by a sidewalk vendor is not designated or used for required off-street parking. OP. Social and community centers. 1. The parcel proposed for development does not abut any property designated as residential in the Zoning Atlas. 2. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 3. Side and rear setback: The reduction in side and/or rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and results in landscaping in excess of the minimum required. RQ. Utility/infrastructure facilities. 1. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees which will five years after installation substantially obscure the fence or wall and the above ground structure; 2. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a wall which is an extension of an architectural treatment of a principal building; 3. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. Section 7. Article 2, Zoning Districts, Section 2-903, Flexible development, IS amended as follows: *********** Table 2-903. "D" District Flexible Development Standards Use Max. Height Min. Off-Street (ft. ) Parking Alcoholic Beverage Sales 30--100 3--5 per 1,000 GFA Attached Dwellings 30--100 1--1.5 per unit Determined by the community Comprehensive lnfill n/a development coordinator based on the Redevelopment Project specific use and/or ITE Manual standards Educational Facilities 30--100 4/1000 GFA Governmental Uses 30--100 3--5 per 1,000 GFA 27 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 28 of 59 I ndoor Recreation/Entertainment 30--100 3--5 per 1,000 GFA Facility Limited Vehicle Sales and 30 2--4 per 1,000 GFA Display Marinas and ,lMarina Facilities 30 1 space per ~ slip~ Mixed Use 30--100 Based upon use requirements Nightclubs 30--100 3--10 per 1,000 GFA Offices 30--100 1--3 per 1,000 GFA Overnight Accommodations 50--100 .75--1 per unit Public Facilities 30--100 1--2 per 1,000 GFA Restaurants 30--100 5--15 per 1,000 GFA Retail Sales and Service 30--100 2--4 per 1,000 GFA Social/Public Service Agencies 30--100 3--4 per 1,000 GFA Refer to Telecommunication Towers Section 3- n/a 2001 Veterinary Offices, and or Animal 30 4 per 1,000 GFA Groominq and Boardinq Flexibility Criteria: *********** H. Marinas and marina facilities. I. Mixed use 1. Heiqht: The increased heiqht results In an improved site plan and/or improved desiqn and appearance; 2. Off-street lJarkinq: a. The physical characteristics of a proposed buildinq are such that the likely uses of the property will require fewer parkinq spaces per floor area than otherwise required or the physical context, includinq adjacent buildinqs and uses are such that there is a hiqh probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parkinq is available on a shared basis as determined by all existinq land uses within one thousand (1,000) feet of the parcel proposed for development or parkinq is available throuqh any existinq or 28 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 29 of 59 planned and committed parkinq facilities or the shared parkinq formula in Article 2, Division 14; 3. The desiqn of all buildinqs complies with the Downtown District desiqn quidelines in Division 5 of Article 3. Jl Nightclubs. 1 . Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. KJ. Offices. 1 . Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. 1K Overnight accommodations. 1 . Height: 29 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 30 of 59 a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3; MI:::. Public facilities. 1 . Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for governmental customer service purposes or is designed and/or screened to contribute to an active urban street environment; 3. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. NM. Restaurants. 1 . Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high 30 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 31 of 59 probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. ON. Retail sales and services. 1 . Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within one thousand (1,000) feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. 3. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. PG. Social/public service agencies. 1 . Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court. b. The increased height results in an improved site plan and/or improved design and appearance. 2. All street frontage is designed and used for customer service purposes or is designed and/or screened to contribute to an active street environment; 3. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use. b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any 31 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 32 of 59 existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. 5. The parcel proposed for development does not abut any property designated as residential in the Zoning Atlas. 6. The social/public service agency shall not be located within 1,000 feet of another social/public service agency. OP. Telecommunication towers. 1. No telecommunication tower is located on Clearwater Beach. 2. If the telecommunication tower is located within a scenic corridor designated by the City of Clearwater or a scenic noncommercial corridor designated by the Pinellas Planning Council, the applicant must demonstrate compliance with the design criteria in those designations. 3. The design and construction of the telecommunication tower complies with the standards in Article 3 Division 21. R. Veterinarv offices. and or animal qroominq and boardinq. 1. The parcel proposed for development is not contiquous to a parcel of land, which is desiqnated as residential in the Zoninq Atlas; 2. Boardinq of animals shall only be allowed if accessory to a veterinary office and/or qroom inq business; 3. The use of the parcel proposed for development does not involve animal confinement facilities that are open to the outside; 4. Animals may have supervised outdoor exercise but only between 7:00 a.m. - 9:00 p.m. In no case shall animals be left unsupervised while outdoors; 5. Accessory boardinq facilities shall contain waste control facilities and an air-handlinq system for disinfection and odor control; and 6. Desiqn: The desiqn of all buildinqs complies with the Downtown District desiqn quidelines in Division 5 of Article 3. *********** Section 8. Article 2, Zoning Districts, Development Standards, Section 2-1204, Flexible development, is amended as follows: *********** 32 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 33 of 59 Table 2-1204. "I" District Flexible Development Min. Lot Min. Max. Use A.rea Lot Min. Setbacks (ft.) Height Min. Off-Street Width Parking (sq. ft.) (ft.) (ft. ) Front Side Rear Determined by the community Comprehensive lnfill development director based Redevelopment n/a n/a n/a n/a n/a n/a on the specific Project use and/or ITE Manual standards Marinas and Marina 5,000 50 15-- 10-- 0-- 30 1 per 2 slips Facilities 25 15 20 Social and 20,000 100 15-- 15-- 4--5 per 1000 Community Centers 25 10 20 50 GFA 10,000- Social/Public - 100 15-- 10 15-- 50 2--3 per 1,000 Service Agencies 20,000 25 20 GFA Refer to Telecommunication 10,000 100 25 10 20 Section n/a Towers 3-2001 *********** Section 9. Article 2, Zoning Districts, Development Standards, Section 2-1302, Minimum standard development, is amended as follows: *********** 33 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 34 of 59 Table 2-1302. "IRT" District Minimum Standard Development Min. Lot Min. Max. Uses Area Lot Min. Setbacks Height Min. Off-Street Width (ft. ) Parking (sq. ft.) (ft. ) (ft. ) Front Side/ Rear Accessory Dwellings 5,000 50 20 15 50 1/unit Governmental Uses(1) 20,000 200 20 15 50 3/1,000 SF GFA Indoor 5/1 ,000 SF GFA Recreation/Entertai n mente 4) 20,000 200 20 15 50 or 5/lane, 2/court or 1/machine Manufacturing 20,000 200 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA Outdoor Storage (accessory n/a n/a n/a n/a n/a n/a use )(2) 1 per 20,000 SF land area or as determined by Parks and Recreation n/a 10/20 the community Facilities n/a 25 50 development coordinator based on the ITE Manual standards Publications and Printinq 20,000 200 20 15 50 3/1,000 SF GFA Research and Technology 20,000 200 20 15 50 2/1,000 SF GFA Restaurants(3) 10,000 200 20 15 50 15 spaces per 1,000 SF GFA 1 per 20 units Self Storage 20,000 200 20 15 50 plus 2 for manager's office TV/Radio Studios 20,000 200 20 15 50 4/1000 SF GFA 34 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 35 of 59 Vehicle Service 20,000 200 20 15 50 1.5/1,000 SF GFA Wholesale/Distri bution/ 20,000 200 20 15 50 1.5/1,000 SF Warehouse Facility GFA *********** (4) Indoor Recreation/Entertainment uses, when alone or added to existinq contiquous like uses, and when not part of a master development plan, shall not exceed five acres. This restriction applies when used in the Industrial Limited (Il) Countywide future land use plan cateqory. Section 10. Article 2, Zoning Districts, Section 2-1303, Flexible standard development, is amended as follows: *********** Table 2-1303. "IRT" District Flexible Standard Development Min. Lot Min. Max. Min. Off- Uses Area Lot Min. Setbacks Height Street Width (ft. ) (sq. ft.) (ft.) (ft.) Parking Front* Side/ Rear Automobile Service Stations 20,000 100 20 15 30 4/1000 SF GFA Major Vehicle Service 20,000 100 20 15 30 4/1000 SF GFA Manufacturing 10,000 100 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA 1--10/1,000 SF Land Area or as determined Outdoor 40,000 200 by the Recreation/Entertai n ment 20 15 30 community development coordinator based on ITE Manual standards 35 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 36 of 59 Outdoor Storage 10,000 100 20 15 30 3/1,000 SF GFA Parking Lots 10,000 100 20 15 n/a n/a Public Facilities 10,000 100 20 15 50 1--2 per 1,000 GFA Publications and Printinq 10,000- 100- 20 15 50 3/1 ,000 SF 20,000 200 GFA Public Transportation Facilities(1) n/a n/a n/a n/a 10 n/a Research and Technology 10,000 100 20 15 50 2/1,000 SF GFA Residential Shelters(2) 5,000 50 20 15 30 3/1,000 SF GFA Retail Sales and Services n/a n/a n/a n/a n/a n/a 5,000-- 50 - 7--15 Restaurants(5) 10,000 100 20 15 30 spaces per 1,000 GFA 1 per 20--25 10,000 100 units plus 2 Self Storage 20 15 50 for manager's office TV/Radio Studios 10,000 100 20 15 50 4/1000 SF GFA Utility/l nfrastructure Facilities(3) n/a n/a 20 15 n/a n/a Vehicle Sales/Displays and Major 40,000 200 1.5/1,000 SF 20 15 30 Lot Sales Vehicle Sales/Displays(4) Area Vehicle Service 10,000 100 20 15 50 1.5/1,000 SF GFA Veterinary Offices or Animal 10,000 100 20 15 30 5/1,000 SF Grooming GFA Wholesale/Distri bution/Warehouse 10,000 100 20 15 50 1.5/1,000 SF Facility GFA *********** Flexibility criteria: 36 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 37 of 59 *********** J. Publications and printinq. 1. Lot area and width: The reduction in lot area and lor width will not result in a buildinq which is out of scale with existinq buildinqs in the immediate vicinity of the parcel proposed for development; 2. The parcel proposed for development is not contiquous to a parcel of land, which is desiqnated as residential in the Zoninq Atlas; and 3. All activities associated with the use of the parcel proposed for development shall be conducted within completely enclosed buildinqs. KJ. Research and technology. 1. All activities associated with the use of the proposed parcel for development shall be conducted within completely enclosed buildings. 2. All outdoor storage of goods, materials and products shall be in compliance with the provisions of Section 2-1303(F) below LK Residential shelters. 1. The parcel proposed for development does not abut a manufacturing, wholesale sales and service use; 2. The parcel proposed for development is located within 600 feet of a transit line; 3. The parcel proposed for development is not located within 1,500 feet of another residential shelter; 4. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas. MI:::. Retail sales and services. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. The use of the parcel proposed for development will not involve direct access to a major arterial street; 3. The retail sales and service use is located in a building used for a minimum standard use in the district and the retail sales and service use occupies no more than ten percent of the floor area of the building; 4. The retail sales and service use is of a design and character that will primarily serve the employees or patrons of minimum standard uses in the district. NM. Restaurants. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. The use of the parcel proposed for development will not involve direct access to a major arterial street; 3. Off-street parking: a. The physical characteristics of a proposed multiple tenant building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required 37 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 38 of 59 or that the use of significant portions of the building will be used for storage or other non- parking demand-generating purposes; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or any parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14. 4. Fast food restaurants shall not be eligible for a reduction in the number of off-street parking spaces. 5. Lot area and width: The parcel proposed for development was an existing lot of less than 10,000 square feet and was not in common ownership with any contiguous property on May 1, 1998 or the reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. ON. Self storage. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. Access doors to individual storage units are located within a building or are screened from view from adjacent property or public rights-of-way by landscaped walls or fences located no closer to the property lines of the parcel proposed for development than five feet. PG. TV/radio studio. 1. All buildings are designed and located so that no building is closer than 100 feet from a parcel of land which is designated as residential in the Zoning Atlas or is used for residential purposes. 2. All satellite dishes and other telecommunication equipment other than permitted antennae are screened from view from any land which is designated as residential in the Zoning Atlas or is used for residential purposes. 3. All satellite dishes and other equipment other than permitted antennae are screened from view from the right-of-way of arterial roads. OP. Utility/infrastructure facilities. 1. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees which will five years after installation substantially obscure the fence or wall and the above ground structure. RQ. Vehicle sales and service. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas. SR Vehicle service. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas. 2. The use does not involve the overnight, outdoor storage of automobiles. 3. No more than two service bays front on a public street. 38 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 39 of 59 IS.. Veterinary offices and animal grooming. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; U+. Wholesale/distribution/warehouse facility. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. All activities associated with the use of the proposed parcel for development shall be conducted within completely enclosed buildings. 3. All outdoor storage of goods, materials and products shall be in compliance with the provisions of Section 2-1303(F). Section 11. Article 2, Zoning Districts, Section 2-1502, Flexible standard development, is amended as follows: *********** Table 2-150~~. "P" District Flexible Standard Development Standards Min. Lot Min. Max. Min. Off- Lot Use Size Width Min. Setbacks (ft.) Height Street (sq. ft.) (ft. ) (ft. ) Parking Front Side Rear Marinas 10,000 100 25 10 15 30 1/per 2 slip~ Outdoor 10,000 5/10,000 Recreation/Entertai n ment 100 25 10 15 30 sq. ft. Land ************ Section 12. Article 3, Development Standards, Section 3-804, Setback and height requirements, is amended as follows: Section 3-804. Setback and height requirements. The following setback and height requirements shall apply to all fences, and walls, except chain link fences. A. Front setback. Walls and fences located in front of a principal structure shall be permitted to a maximum height of 36 inches with the following exceptions: 39 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 40 of 59 1. In the MDR and MHDR zoning districts, brick or other masonry walls or walls with masonry columns linked by substantial grill work shall be permitted to a maximum height of six feet in a required front setback area as a Level One+we (flexible standard development) approval. Such walls shall be architecturally compatible with the principal structure on the property and compatible with the surrounding properties. 2. In the HDR, MHP, C, T, D, 0, I, IRT, OSR, and P zoning districts, brick or other masonry walls or walls with masonry columns linked by substantial grill work shall be permitted to a maximum height of six feet in a required front setback. 3. Walls, no qreater than a maximum heiqht of six feet, shall be permitted for the perimeter of any residential subdivision located within any zoninq district. Such walls shall be architecturally compatible with the buildinq desiqn within the subdivision. 4.J.:- Landscaping requirements. Any fence or wall that exceeds three feet in height and is located within any required structural setback adjacent to a public right-of-way shall provide a three feet wide landscaped strip on the street side of the fence. ~ Side and rear setback areas. Fences and walls shall be permitted to a maximum height of six feet between the principal structure and any side or rear lot line. Such fences may be permitted up to eight feet in height, however, if located in the Industrial, Research, and Technology District ("IRT"). B. Side and rear setback areas. .1. Fences and walls shall be permitted to a maximum height of six feet between the principal structure and any side or rear lot line with the following exceptions: a. Fences and walls may be permitted up to eiqht feet in heiqht if located in the Industrial, Research, and Technoloqy District ("IRT"). b. Fences and walls may be permitted up to eiqht feet in heiqht in the Commercial District throuqh Level One, (Flexible Standard Development) approval to buffer uses with drive-thru facilities, vehicle sales/displays, automobile service stations, outdoor retail sales, display and/or storaqe and residential zoninq districts. If any fence is part of a Level Two review, the decision to approve the fence will be made by the Community Development Board. Section 13. Article 3, Development Standards, Section 3-805, Chainlink fences, IS amended as follows: ********* F. Vacant lots. In all zoninq districts except for the Downtown District, chainlink fences, clad with qreen or black vinyl, and other non-opaque fences are perm itted to secure any vacant lot or lot without a primary use and are subject to all requirements of Section 3-805 above, with the exception to Section 3-805.B. Such fences shall be 40 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 41 of 59 limited to a maximum heiqht of three feet in the front setback and six feet in the side and rear setback. Upon development of the vacant lot, any chain link fencinq shall be removed from the front setback. Section 14. Article 3, Development Standards, Section 3-903, Required setbacks, is amended as follows: Section 3-903. Required setbacks. A. Except for fences, walls, outdoor lightingJ..--aflG signs, minimum door landinq required by the Florida Buildinq Code, walkways leadinq to buildinq entrances, driveway access to qaraqes, and/or vehicular cross access (driveways), shared parkinq, and trash staqinq areas, no building or structure shall be permitted in a setback required by the applicable zoning district. Sidewalks shall be no qreater than three feet in width, nor qreater in width than that required by the Florida Buildinq Code. Section 15. Article 3, Development Standards, Section 3-1202, General landscaping standards, is amended as follows: *********** B.1. Minimum plant material standards: PLANT SIZE (at installation) QUALITY OTHER REQUIREMENTS a. Use of live oak (City tree) is encouraged, however species diversity is preferred over monoculture. Shade 10' height Florida b. Must be planted a minimum of Tree 2.5" caliper Grade #1 five feet from any impervious area. c. At least ten percent of the total number of trees shall be of a species which exhibits conspicuous flowering. 2 accent trees = 1 shade tree; Accent 8' height Florida unless overhead lines are Grade #1 unavoidable; no more than 25% Tree 2" caliper of required trees may be accent trees. Palm 10' clear and straight Florida Can be used to satisfy 75% of Tree trunk. Grade #1 tree requirements on Beach, 41 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 42 of 59 Sand Key & Island Estates, 25% elsewhere in the City. Staggered clusters of 3 palm trees = 1 shade tree, except for specimen palm trees such as: phoenix canariensis (canary island date palm), phoenix dactylifera (edible date palm) and phoenix reclinata (senegal date palm), which count as shade trees on a 1 : 1 ratio. A.) 18--24" in height when used in a perimeter buffer - planted every 36", (measured from the center of the shrub) providing a 100% continuous hedge which will be 36", high and 80% Use of Hibiscus (City flower) is opaque 12 months from encouraged for non-required the time a certificate of Florida Shrubs occupancy is received Grade #1 landscape plantings, especially (excluding drives and for accent marking at entrances visibility triangles where and other points of high applicable) visibility. B.) 14--24" in height when used for interior - planted every 30"--36", respectively (measured from the center of the shrub) with a 3 gallon minimum Ground 1 gallon minimum - Florida Encouraged in lieu of turf to Cover planted a maximum of 24" Grade #1 reduce irrigation needs. O.C. Drought Turf areas should be consolidated and limited to areas Turf N/A tolerant of pedestrian traffic, recreation varieties and erosion control. Section 16. Article 3, Development Standards, Section 3-1205, Tree protection, IS amended as follows: 42 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 43 of 59 *********** D. Tree and palm requirements and replacements. Tree and palm replacements Rep/acement of protected trees and palms. The replacement of protected trees and palms shall be in compliance with Section 3-1202(B)(1) and the following: *********** 1. Attached dwellinqs Multi family and commercial properties non-residential properties. The total amount of DBH removed from a multi-family or commercial non-residential site shall be replaced on an inch-far-inch basis. 2. Single-family detached dwellinq and two-family attached dwellinq properties. The following shall govern the minimum number of trees that shall be required on a single-family or two-family lot. This does not exclude compliance with Section 3 1205(B), Criteria for issuance of a removal permit, which may result in the number of trees in excess of the minimum required. *********** 5. Conditions and specifications. *********** b. Size. Replacement trees shall be in compliance with the size and quality standards set forth in Section 3-1202.B.1 . be minimum of four inches caliper providing for one inch DBH total replacement for each one inch caliper removed. Any number of trees may be utilized to meet the inch for inch requirement, provided that acceptable spacing and design are maintained. Replacement palms shall have a clear and straight trunk of ten feet Section 17. Article 3, Development Standards, Section 3-1407, Parking restrictions in residential areas, is amended as follows: *********** 2. Between principal structure and right-of-way. The following vehicles shall not be parked or stored, in whole or in part, in a front setback and/or forward of the buildinq line between any portion of the principal structure and any right-of- way line in a residential zoning district up to a maximum of two frontages: *********** Section 18. Article 3, Development Standards, Section 3-1502, Property maintenance requirements, is amended as follows: 43 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 44 of 59 ************ C. Door and window openings. ************ 3. Windows shall be maintained in an unbroken, and clean state. No windows shall be permanently removed and enclosed, covered or boarded up unless treated as an integral part of the building facade using wall materials and window detailing comparable with any upper floors and the building facade in general. In addition, window panes shall not be painted or covered up. This restriction does not apply to the use of hurricane shutters. All awnings, screens or canopies facing or visible from the public right of way or any other parcel shall be maintained in a good and attractive condition.:. aM Damaqed, broken, torn, loose, worn, faded aAEI,lor bleached awnings, screens or canopies shall be promptly replaced, repaired or removed. *********** Section 19. Article 3, Development Standards, Section 3-1803.L, Prohibited signs, is amended as follows: L. Signs located on publicly-owned land or easements or inside street rights-of- way, except (a) as allowed in Section 3-1805(W), (b) signs on transit shelters erected pursuant to Section 3-2203 and perm itted pursuant to Section 3- 1806(B)(4), (c) sandwich board signs to the extent permitted in the Downtown District pursuant to Section 3-1805(V) aAG-J.. (d) as allowed in Section 3- 1806(A), and (e) as allowed in Section 3-1805.Z. Prohibited signs shall include but shall not be limited to handbills, posters, advertisements, or notices that are attached in any way upon lampposts, telephone poles, utility poles, bridges, and sidewalks. Section 20. Article 3, Development Standards, Section 3-1805, Signs permitted without a permit, is amended as follows: *********** Z. One 10 square-foot freestandinq siqn not more than 5 feet in heiqht or one 10 square foot attached siqn per City park or City recreation facility for the purposes of identifyinq a proqram provider or information concerninq proqrams at such park or recreation facility. The desiqn of any such siqns shall be approved by the Parks and Recreation Department. 44 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 45 of 59 Section 21. Article 4, Development Review and Other Procedures, Section 4-202, Applications for development, is amended as follows: Section 4-202. Applications for development and approval. *********** A. Basic information required for all applications. All applications for development approval shall include the following information: *********** Section 4-202.A.9.i. i. Buildinq or structure .e.~levation drawings for all Level One (flexible standard development) and Level Two approvals where the applicant is seeking approval of a residential infill project, unless waived or modified by the community development coordinator. *********** Section 4-202.A.11.x.,v., z., and aa. *********** x. Buildinq .e.~levation drawings for all Level One (flexible standard development) and Level Two approvals where the applicant is seeking approval of a residential infill project or a comprehensive infill redevelopment project, unless waived or modified by the community development coordinator. y. Floor plan typicals of buildinqs for all Level One (flexible standard development) and Level Two reviews. A floor plan of each floor is required for any parkinq qaraqe requirinq a Level One (minimum standard and flexible standard) or Level Two approval. ?:,y.. Type and location of all attached and freestanding signage for compliance with Article 3, Division 18, Signs. aa2:. Tree inventory, prepared by a certified arborist, of all trees four inches DBH or more reflecting the size, canopy, and condition of such trees. *********** Section 4-202.A.23 45 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 46 of 59 23. In the event the application involves development where design standards are an issue, such as in the Tourist and Downtown Districts, or where the applicant is seeking approval of a residential infill project, comprehensive redevelopment project, comprehensive sign program or comprehensive landscaping plan, the applicant shall submit proposed elevation drawings. 2~4. An application for a permit for a seawall, bulkhead, groin, marina, dock, bridge or other similar marine structure shall be accompanied by detailed plans and specifications, prepared by a Florida professional engineer, bearing the seal and signature of the engineer, except signed and sealed plans shall not be required for the repair or replacement of decking, stringers, railing, lower landings, tie piles, or the patching or reinforcing of existing piling on private and commercial docks for which a city permit was originally issued. Prior to commencing construction or repair or replacement of any dock, pier or wharf, the applicant shall present to the building official evidence that the person who will carry out the proposed work holds a certificate of competency issued by Pinellas County. 2.1~. An application for a fence permit shall include the following: a. The applicant's name, mailing address, and telephone and facsimile, if any, number. b. The name of all legal and equitable owners of the parcel proposed for development, if different from the applicant. c. Street address of the parcel proposed for development. d. For all proposed development, a signed and sealed survey with the following information: i. Existing and proposed fences and landscaping. ii. The proposed height and materials of the proposed fence. 29,9. If approval of the application would result in the removal or relocation of mobile home owners residing in a mobile home park as provided in F.S. S 723.083, the application must provide information sufficient to show that adequate mobile home parks or other suitable facilities exist for the relocation of the mobile home owners. Mobile home owners shall be defined as those persons who own their coach but rent a lot space within the subject property and are subject to the provisions and protections provided for in F.S. Ch. 723. The application shall include the following information: *********** Section 22. Article 4, Development Review and Other Procedures, Section 4-303, Effect of Level One (flexible standard development) approval, is amended as follows: 46 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 47 of 59 Section 4-303. Effect of level One (flexible standard development) approval. A. A Level One (flexible standard development) approval authorizes only the particular use approved and entitles the recipient to apply for a building permit or any other permit required by this Development Code, the city or regional, state or federal agencies. Such approval shall be evidenced by a written development order issued by the community development coordinator and shall be effective upon the date the development order is issued. Unless otherv/ise specified in the Level One (flexible standard development) approval, an application for a building permit shall be made within one year of the date of the Level One (flexible standard development) approval, and all required certificates of occupancy shall be obtained within two years of the date of issuance of the initial building permit. All development approvals shall be valid for a time frame of twenty-four (24) months, unless a different time frame is specifically stated in the associated development order; however the permitted time frame does not chanqe with successive owners. B. In order to maintain an approval within the aforementioned approval period, substantial improvements must be made. A development approval must meet one of the followinq tests: 1. Improvements representinq 25 percent of the total cost of all improvements to be used in developinq the approved project have been constructed; or 2. A certificate of occupancy has been issued for the use of the property pursuant to the development order. Permitted time frames do not change with successive owners. An extension of time may be granted by the community development coordinator provided it is for a period not to exceed one year, is for the project originally approved and provided good cause is shown and documented in writing within the original period of validity. The community development coordinator may also consider whether significant progress on the project is being made and whether or not there are pending or approved Code amendments which would significantly affect the project. The community development board may approve one additional extension of time after the community development coordinator's extension to initiate a building permit application. Such extension shall not exceed one year, shall be for the project originally approved and shall be for good cause shown and documented in writing. The community development board must receive the request for this extension within the one year period of validity after the original extension approved by the community development coordinator. Good causes may include but are not limited to an unexpected national crisis (acts of war, significant downturn in the national economy, etc.), excessive weather related delays, and the like. In the event a project is governed by a development agreement, the timeframes established in the agreement shall supercede these requirements. C. Extensions may be qranted to a previously approved application pursuant to the followinq: 47 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 48 of 59 1. General requirements applicable to all applications for extensions: a. The community development coordinator must receive a written request for an extension at least forty-five (45) days prior to the expiration date of the development order; b. The written request must set forth the basis and reason for the extension; c. The extension shall be requested only if the previously approved application has not been maintained by meetinq one of the tests in Section 4-303. B. d. The extension shall be considered by the same body that qranted the oriqinal approval; and e. The extension, if qranted, shall be for eiqhteen (18) months unless otherwise stated; 2. Construction has commenced: When there are improvements to the site but less than 25% complete, the qrantinq body shall consider the diliqence and qood faith of the developer to actually commence and complete construction. In this case, an extension to the oriqinally approved project may be qranted to enable the project completion. In considerinq "diliqence and qood faith", the qrantinq body shall consider: a. When the construction commenced; b. The extent to which construction has proceeded; and c. The extent to which there has been a continuous effort to develop, but because of circumstances beyond the control of the developer, it was not possible to complete work. 3. No construction: When the project has not commenced construction the request for extension shall be considered pursuant to the followinq: a. the community development coordinator shall consider whether or not there are pendinq or approved Code amendments which would siqnificantly affect the project; b. Additional submittal information includinq a new application; c. The qrantinq body must make findinqs of fact pursuant to Section 4-404; and d. The qrantinq body may impose additional conditions of approval pursuant to Section 4-302.B to ensure compliance with the applicable qeneral and specific flexibility requirements and standards set out in Articles 2 and 3 of this Development Code. Section 23. Article 4, Development Review and Other Procedures, Section 4-407, Expiration of a Level Two approval, is amended as follows: Section 4-407. Expiration of a level Two approval. 48 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 49 of 59 Unless otherwise specified in the approval, an application for a building permit shall be made within one year of the date of the Level Two approval, and all required certificates of occupancy shall be obtained within two years of the date of issuance of the initial building permit. Permitted time frames do not change with successive owners. An extension of time to initiate a building permit may be granted by the community development coordinator provided it is for a period not to exceed one year, is for the project originally approved and provided good cause is shown and documented in writing within the original period of validity. The community development coordinator may also consider whether significant progress on the project is being made and whether or not there are pending or approved Code amendments which would significantly affect the project. The community development board may approve one additional extension of time after the community development coordinator's extension to initiate a building permit application. Such extension shall not exceed one year, shall be for the project originally approved and shall be for good cause shown and documented in writing. The community development board must receive the request for this extension within the one year period of validity after the original extension approved by the community development coordinator. Good causes may include but are not limited to an unexpected national crisis (acts of war, significant downturn in the national economy, etc.), excessive weather related delays, and the like. In the event a project is governed by a development agreement, the timeframes established in the agreement shall supercede these requirements. The community development board may also consider whether significant progress on the project is being made and whether or not there are pending or approved Code amendments which would significantly affect the project. Amendments which will require no or minor amendments (as provided by section -1 -106.A) may be approved. Amendments which will require a major revision to the subject project shall be required to be approved as part of a new Level Two application. Transfer of development rights are exempt from this provision. A. A Level Two (flexible development) approval authorizes only the particular use approved and entitles the recipient to apply for a buildinq permit or any other permit required by this development code, the city or reqional. state or federal aqencies. Such approval shall be evidenced by a written development order issued by the community development coordinator and shall be effective upon the date the development order is issued. All development approvals shall be valid for a time frame of twenty-four (24) months, unless a different time frame is specifically stated in the associated development order; however the permitted time frame does not chanqe with successive owners. Amendments that would require a major revision to the subject project must be approved as part of a new Level Two application. Transfers of Development Riqhts (TDR) are exempt from these provisions. B. In order to maintain an approval within the aforementioned approval period, substantial improvements must be made. A development approval must meet one of the followinq tests: 1. Improvements representinq twenty-five percent (25%) of the total cost of 49 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 50 of 59 all improvements to be used in developinq the project have been constructed; or 2. A certificate of occupancy has been issued for use of the property pursuant to the development order. C. Extensions may be qranted to a previous Iv approved application pursuant to the followinq: 1. General requirements applicable to all applications for extensions: a. The Planninq Department must receive a written request for an extension at least forty-five (45) days prior to the expiration date of the development order; b. The written request must set forth the basis and reason for the extension; c. The qrantinq body must make findinqs of fact pursuant to Section 4-404; and d. The extension shall be considered by the same body that qranted the oriqinal approval; e. The extension, if qranted, shall be for eiqhteen (18) months unless otherwise stated; 2. Construction has commenced: When there are substantial improvements on the site but less than 25% complete, the qrantinq body shall consider the diliqence and qood faith of the developer to actually commence and complete construction. In this case, an extension to the oriqinally approved project without chanqe or without evaluation pursuant to subsection 3, which follows, shall be qranted to enable the developer to complete the project as opposed to allowinq a continuinq approval in order to more readily sell the land and/or project. In considerinq "diliqence and qood faith", the qrantinq body shall consider: a. When the construction commenced (construction which is commenced immediately precedinq expiration qenerally indicates a lack of qood faith); b. The extent to which construction has proceeded; and c. The extent to which there has been a bonafide continuous effort to develop, but because of circumstances beyond the control of the developer, it was not possible to complete work. 3. No construction: When the project has not commenced construction the request for extension shall be considered pursuant to the followinq: a. The project shall be evaluated pursuant to the Community Development Code in effect at the time of consideration of the extension request and shall comply with such current requirements; b. Additional submittal information includinq a new application and copies of previously submitted material may be required; c. The qrantinq body must make findinqs of fact pursuant to Section 4-404; 50 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 51 of 59 d. The qrantinq body may impose additional conditions of approval pursuant to Section 4-404 to ensure compliance with the applicable qeneral and specific flexibility requirements and standards set out in Articles 2 and 3 of the Code. Section 24. Article 4, Development Review and Other Procedures, Section 4-606, Development agreements, is amended as follows: *********** B. Application requirements. In addition to the basic information required by section 4-202(A) and the fee required by section 4-202(E) an application for approval of a development agreement shall be accompanied by: 1. A statement of the requested duration of the development agreement, which shall not exceed twenty teA--years. *********** Section 25. Article 4, Development Review and Other Procedures, Section 4-608, Neighborhood conservation overlay district, is amended as follows: *********** D. Designation process. 1. The process for the designation of a particular area as a neighborhood conservation district shall be commenced by a pre-application conference with the development services director community development coordinator and initiated by a petition signed by the owners of at least 60 percent of the real property within the area proposed for designation as a neighborhood conservation district which shall be filed with the community development coordinator. In addition to the petition, a list of at least 11 persons who have agreed to serve on a study committee, and proof of the existence, for at least the past two years, of an active homeowner's association with authority over the area proposed for designation as a neighborhood conservation district. *********** Section 26. Article 4, Development Review and Other Procedures, Section 4-1001, Sign Permit Purpose, and Section 4-1008, Comprehensive Sign Program process is amended and established as follows: Section 4-1001. Purpose. It is the purpose of this division to establish procedures for the review and approval of signsJ., and siqns as part of a Comprehensive Siqn Proqram, in accordance with the standards of Article 3, Division 18. 51 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 52 of 59 Section 4-1008. Comprehensive SiQn ProQram. In accordance with Article 3, Division 18, Section 3-1807 Comprehensive siqn proqram, the procedures for review and approval follow here. A. Information required for all applications. All applications for Comprehensive Siqn Proqram approval shall include the followinq information: 1. Leqal description of the property where the siqn is proposed to be located; 2. Name, address and telephone and facsimile number, if any, of the owner of the property where the siqn is proposed to be located; 3. The name of the owner(s) representative or aqent and consultants, if any, with mailinq address, electronic mail address, telephone and facsimile, if any, number; and completed affidavit to authorize aqent form; 4. All street addressees) and parcel numbers of the parcel proposed for development; 5. Ownership: A copy of a deed to the property proposed for development, a copy of a title insurance policy or an affidavit attestinq to ownership; 6. A siqned and sealed survey of the property includinq the dimensions, acreaqe and location of the property prepared by a reqistered land surveyor showinq all current structures/improvements; 7. A site plan drawn to a minimum scale of one inch equals 50 feet on an overall sheet size not to exceed 24 inches by 36 inches and includinq the followinq: a. North arrow, scale (with bar scale) and date prepared; b. Location map; c. Show all property lines; d. Identification of watercourses, wetlands, tree masses and specimen trees, includinq description and location of under story, qround cover veqetation and wildlife habitats or other environmentally unique areas; e. Land areas expressed in square feet and acres; f. All required five-foot setbacks as measured from the property line; 52 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 53 of 59 9..:. Location of all public and private easements and street riqhts-of-way within and adjacent to the site; h. Location of all existinq and proposed points of access; I. The footprint and size of all existinq and proposed buildinqs and structures on the site; L Siqht visibility trianqles shown and labeled; k. Location of all existinq and proposed sidewalks; I. Lot frontaqe on all street riqhts-of-way; m. The location of all proposed landscape material includinq size and species; n. Location of all attached and freestandinq includinq directional siqnaqe, proposed and existinq, indicatinq with labels if to be removed; and o. Location of the siqn in relation to property lines, public riqhts-of-way, easements, buildinqs and other siqns on the property; 8. Siqn Plan, to include: a. Date prepared; b. Bar scale; c. To scale drawinqs, in color, of all proposed siqnaqe (attached, freestandinq, and directional siqns) which include the followinq: I. dimensions, with dimensional arrows; II. siqn area in square feet; III. heiqht and width of siqn and siqn structure, measured in feet; IV. labels of all colors; v. surface area of the siqn proposed; VI. text copy includinq the messaqe of the siqn; VII. chanqeable copy, if proposed; and VIII. describe any illumination includinq the type, placement. intensity, hours of illumination and system to automatically turn off liqhtinq when the business is closed, and siqn area to be illuminated. d. Buildinq elevation color drawinqs, to scale, for all sides of any buildinq with proposed and existinq attached siqnaqe; 53 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 54 of 59 e. Master siqn plan for shoppinq centers and office parks, to include all slqns; f. Site data table, to include how all proposed siqns (existinq and new) meet code requirements, with a calculation worksheet; and g. Number, type, location and surface area of all existinq siqns on the same property and or buildinq on which the siqn is to be located; 9. Completed written responses to the Comprehensive Siqn Proqram criteria, set forth in Section 3-1807. B. Required submittal information for amended approvals. All applications for Comprehensive Siqn Proqram amended approval shall include the followinq information: 1. Section 4-1008 A., Items 1 - 5 and 9; 2. Applicable attachments dependinq on the proposed amendment includinq any site plan replacement sheets necessary to indicate all amendment details; 3. Applicable attachments dependinq on the proposed amendment includinq any siqn plan replacement sheets necessary to indicate all amendment details. 4. Written narrative explaininq the amendment. 5. Amendment fees, as applicable. C. Determination of Completeness. 1. Determination of completeness. Within seven workinq days after receipt of an application for Comprehensive Siqn Proqram approval, the community development coordinator shall determine whether the application is complete. a. Application complete. If the community development coordinator determines that the application is complete, he shall notify the applicant in writinq that the application has been accepted for filinq. b. Application not complete. If the community development coordinator determines that the application is not complete, he shall notify the applicant. specifyinq the deficiencies of the application. No further review shall occur until the application is deemed complete. The applicant shall have seven business days from the date of the incomplete letter to address all deficiencies or the application shall be deemed withdrawn. If 54 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 55 of 59 deficiencies are addressed, the community development coordinator shall notify the applicant in writinq that the application has been accepted for filinq. D. Application and desiqn review. Upon determination that a Comprehensive Siqn Proqram application is complete, the community development coordinator shall review the application and determine whether the application demonstrates compliance with the requirements of the comprehensive siqn proqram set forth in Section 3-1807. Within ten workinq days of completeness, the community development coordinator may qrant approval, qrant the approval subject to specified conditions or deny the application for comprehensive siqn proqram. The review period of ten days may be extended by mutual consent of the applicant and the community development coordinator to allow revised materials to be submitted and reviewed for compliance with the requirements of the comprehensive siqn proqram. Revised materials shall be submitted within the timeframe established by the community development coordinator but no more than 30 workinq days based on the extent of the deficiencies identified. If materials are not received within that timeframe, the application shall be deemed denied. If the resubmission material is submitted within the timeframe specified, the community development coordinator shall determine whether the resubmission materials demonstrate compliance with the comprehensive siqn proqram and shall either qrant the approval, approve with conditions or deny the application. E. Effect of Comprehensive Siqn Approval. Comprehensive Siqn Proqram approval authorizes only the particular siqns approved and entitles the recipient to apply for a buildinq (siqn) permit. Such approval shall be evidenced by a written development order issued by the community development coordinator and shall be effective upon the date the development order is issued. Unless otherwise specified in the Comprehensive Siqn Proqram approval. an application for a buildinq (siqn) permit shall be made within one year of the date of the Comprehensive Siqn approval, and all siqns shall be installed and any conditions met within six months of issuance of a perm it. *********** Section 27. Article 4, Development Review and Other Procedures, Section 4-1201, Permit (Tree Removal) required, is amended as follows: No person may remove or cause to be removed any protected tree or palm without first having procured a permit as provided in this division. Except for the removal of hazardous trees with respect to disease, insect attack, danger of falling, proximity to existing or proposed structure and interference with utility services and those trees on single family and two family lots, no permit shall be granted unless it is part of an application for a Level 55 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 56 of 59 One or Level Two approval and unless it is determined that the application complies with the criteria of Section 3 1205. Section 28. Article 8, Definitions and Rules of Construction, Section 8-102, Definitions, is amended as follows: *********** Community development board means the board established pursuant to Article 5 of this development code with authority to hear appeals of level one approvals, to review and decide level two approvals, and to review and recommend level three approvals to the city council commission. Pursuant to the Florida Statutes, Chapter 163, community development board also means "local planninq aqency". *********** Principal structure and riqht-of-wav location means that area of land located between a riqht-of-way and the principal structure on the lot. *********** Publications and printinq means a facility primarily for the production of books, cataloqs, maqazines, tabloids, newspapers, circulars, business cards, forms, brochures, newsletters, labels and the like. *********** Seasonal Sales means a sale conducted durinq traditional holidays or seasons in which special items are sold. Only items traditionally considered as associated with the particular season are allowed to be sold and qeneral merchandise not associated with the seasonal sale such as tOYS, tools, clothinq, etc are prohibited from beinq sold as a seasonal sale item. *********** Section 29. Appendix A, Schedule of Fees, Rates and Charges, is amended as follows: *********** VIII. LAND DEVELOPMENT: There is hereby established the following fees and charges relating to review and processing of Level One, Level Two and Level Three applications: (1) Level One. (a) Minimum standard development applications. . ................... NQe Fee (b) Zoning verification letter. . ........................ ... ... ... ... ... $50.00$25.00 56 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 57 of 59 (c) Zoning interpretation letter and Release of Unity of Titles letter. . ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... ... ... ... ... ...150.00~ (d) Minor lot adjustment and Division of a Previously Platted Lot. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 50.00 (e) Flexible standard development--Detached dwellinqs and two attached dwellinqs - accessory uses/structures Single family and two family properties Accessoryuses/structures . .............................. 1 OO.OO~ (f) Flexible standard development--Detached dwellinqs and two attached dwellinqs. Single family and two family properties.................................................................. .200.00100.00 (g) Flexible standard development--Attached dwellinqs, mixed uses and nonresidential uses Multi family and commercial properties. . ...... ...475.00 (h) Continuances requested by applicant of a DRC meeting. ......... ..75.00 (i) Sidewalk cafe application: If proposed as accessory to an existing use. . . ........................... ...50.00 If part of a flexible or flexible standard application, no additional fee. Sidewalk cafe permit. . ........................................................... 120.00 Due on or before October 1 of each year and shall cover the time period of October 1 through September 30 of the following calendar year. For a permit issued after October 1 and before September 30, the permit fee shall be prorated on a monthly basis. Any portion of a month shall be considered a full month for the purposes of calculating the prorated permit fee. (j)Comprehensive siqn proqram... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... AOO.OO (!sf) Minor amendment to approved comprehensive sign program, per application. . . ............................................................ ...150.00~ (Jk) Temporary use permit for seasonal sales. . ...... ................. ....250.00 (2) Level Two. (a) Flexible development--Detached dwellinqs, two attached dwellinqs and accessory uses/structures Single family and two family properties . . . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. 300.00200.00 (b) Flexible development-Attached dwellinqs, mixed uses and nonresidential uses Multi family and commercial property. . ......... 1,205.00 (c) Appeals to the community development board Residential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 00.00 57 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 58 of 59 (d) Appeals to the community development board--Residential and nNonresidential. . . ...................................................... ........ ...250.00 (e) Appeals to hearing officer. . ..............................................500.00 (f) Continuances requested by applicant of .9. DRC or CDB meeting/public hearing. . ............................................................... ............... 75.00 (g) Transfer of development rights (no additional charge if submitted with flexible development application) . . .......................................................... 1,205.00 (h) Preliminary plat. ............................................................ .600.00 (i) Minor revisions.................................................................. 400.00 (3) Level Three. (a) Annexations (including land use map amendment and rezoning to categories com patible with the county designations) . . ................ No Fee (b) Land use map amendment. . .................................... ........885.00 (c) Rezoning only....................................................... . .......775.00 (d) Continuances requested by applicant of a DRC, CDB, or city council commission meeting/public hearing. . .........................................75.00 (e) Development agreement .................................... . 1,500.00500.00 (f) Final plat. ..................................................................... .300.00 (g) Vested rights. ............................................................... .500.00 Section 30. Article 3, Development Standards, Section 3-1807, Comprehensive sign program, is amended as follows: B. Permitted signage. 1. Signage which is proposed as part of a comprehensive sign program may deviate from the minimum sign standards in terms of number of signs per business or parcel of land, maximum area of a sign face per parcel of land and the total area of sign faces per business or parcel of land, subject to compliance with the flexibility criteria set out in 3-1807.C. A comprehensive sign program shall be approved pursuant to the provisions set out in Section 4-1008. as part of a Level One or Level Two approval, as the case may be. Prohibited signs in 3-1803 are not eligible for a comprehensive sign program. *********** 58 Ordinance No. 7835-071tem # 16 Attachment number 3 Page 59 of 59 Section 31. Amendments to the Land Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 32. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. Section 33. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 34. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 35. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk 59 Ordinance No. 7835-071tem # 16 Meeting Date: 12/17/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the 2008 State Legislative Package. SUMMARY: Each year, the City submits a list of legislative priorities for consideration by the state legislature during their annual 60-day session in Tallahassee. The City's legislative liaison works closely with city management staff, the City's lobbying team in Tallahassee, and state legislative delegates representing Clearwater districts, to draft a package that is beneficial to Clearwater, and to lobby that package at home and in Tallahassee. Preparation of the package involves determining areas of need, researching funding availability, identifying needed legislation, monitoring and evaluating current legislative issues. The 2008 State Legislative Package includes supporting: continued funding for programs that benefit municipalities statewide such as Florida Recreation Development Assistance Program (FRDAP) and housing trust funds under the Sadowski Act; legislation amending the Firefighter's Pension Plan to allow alternatives for selecting Trustees and legislation funding Brownfields cleanup programs. Review Approval: 1) City Manager 2) Clerk 3) City Manager 4) Clerk Cover Memo Item # 17 Attachment number 1 Page 1 of 2 2008 State Legislative Package The City will seek funding through grants and other sources, to assist in implementing proj ects and providing services to meet the needs of our citizens and improve their quality of life. Morningside Recreation Complex Support funding request for $200,000, FRDAP Grant. The 25,000 sq. ft. facility will feature an indoor jogging track, a fitness room and a gymnasium suitable for all types of healthy programs. Estimated Cost: $5.1 million - The City has dedicated $3.1 million for construction of the facility. Proposed Legislation Request legislation be proposed that will: Support Local Bill Amends the City's Firefighter's Pension Plan to allow alternatives for selecting Trustees and update outdated language. Issues to Support We will support legislation that is beneficial to Clearwater and other municipalities including: Alternatives to public hearing advertisement other than newspapers Grant funding for geriatric and transportation programs and services Maintaining or increasing funding levels for FRDAP and the Land and Water Conservation Fund Full funding of the Florida State and Local Housing Trust Funds under the Sadowski Act Support funding Brownfields Cleanup Program Increasing speeding fines in residential areas Equitable municipal representation in regional planning or visioning activities Fully fund Growth Management mandates Item # 17 Attachment number 1 Page 2 of 2 Support the legislative efforts of the Florida Brownfields Association to amend the Brownfields Redevelopment Act and the Voluntary Clean-up Tax Credit Program in order to provide increased incentives to remove brownfield sites from Florida's communities and provide the "ABCs for Sustainable Communities," affordable housing, business enhancement and community health. Issues to Oppose We will oppose legislation that is detrimental to Clearwater and other municipalities including: Unfunded Mandates Increased regulation of, or restriction on, municipal operations and budgeting Special benefits for a certain category of employees (i.e., workers compensation expansion for police and fire) Erosion of Community Redevelopment Agency authority Using transportation trust funds to balance budget In addition, the City will support the Florida League of Cities in pursuing its legislative priorities, in particular: tax reform, property insurance reform, charter county relation and red light enforcement. Item # 17 Meeting Date: 12/17/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance Number 7843-07 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address is 2990 Tanglewood Drive from Residential Urban to Residential Medium. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 18 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7843-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF DREW STREET AND BAYVIEW AVENUE, CONSISTING OF A PORTION OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST, IN METES AND BOUNDS 11/02 AND 11/01, WHOSE POST OFFICE ADDRESS IS 2990 TANGLEWOOD DRIVE, FROM RESIDENTIAL URBAN TO RESIDENTIAL MEDIUM; 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 as follows: Property See attached legal description LUZ2007 -05002 Land Use Cateqory From: Residential Urban To: Residential Medium 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, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to S 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 18 Ordinance No. 7843-07 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Meeting Date: 12/17/2007 Review Approval: 1) Clerk Cover Memo Item # 19 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Other Council Action SUMMARY: Meeting Date: 12/17/2007 Review Approval: 1) Clerk Cover Memo Item # 20 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: National Homeless Persons' Memorial Day Proclamation SUMMARY: Meeting Date: 12/17/2007 Review Approval: 1) Clerk Cover Memo Item # 21 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Miniature Arts Month Proclamation SUMMARY: Meeting Date: 12/17/2007 Review Approval: 1) Clerk Cover Memo Item # 22 Meeting Date: 12/17/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Clothes to Kids Non-Profit Organization / Information on Volunteering - Presentation by Jennifer Silva, Executive Director SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 23 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Festival of Trees - Parks and Recreation SUMMARY: Meeting Date: 12/17/2007 Review Approval: 1) Clerk Cover Memo Item # 24