COMMUNITY DEVELOPMENT AGENCY (1)

COMMUNITY DEVELOPMENT AGENCY (1) AUTHORIZE THE CITY ATTORNEY TO PREPARE AN ORDINANCE AMENDING THE TOWN CENTER CODE, REVISING THE DEFINITION OF RESTR...
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COMMUNITY DEVELOPMENT AGENCY (1)

AUTHORIZE THE CITY ATTORNEY TO PREPARE AN ORDINANCE AMENDING THE TOWN CENTER CODE, REVISING THE DEFINITION OF RESTRICTIVE USES TO NO LONGER INCLUDE TATTOO PARLORS.

06/17/2014 COUNCIL PACKET

STAFF REPORT

TO:

Bruce T. Haddock, City Manager

FROM:

Marie Dauphinais, Planning & Redevelopment Director

DATE:

June 12,2014

SUBJECT:

Code Amendment to permit tattoo parlors in the Community Redevelopment Area

CASE NO.:

CA1402

APPLICANT:

Jillian Santiago

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REQUEST: This is a request to permit Tattoo parlors in the Community Redevelopment Area (CRA). DISCUSSION: The applicant submitted a request to amend the Town Center Development Code to permit a business involving tattooing as well as the retail sales of jewelry, t-shirts, etc. The Town Center Development Code currently identifies tattoo parlors as a "Restrictive Use" and therefore prohibited in the CRA. Staff conducted research pertaining to tattoo businesses and discovered that during the last fifteen to twenty years, two distinct classes of tattoo businesses have emerged. The first is the "tattoo parlor" that glories in a sense of urban outlaw culture; advertises itself with garish exterior signage; offers "pictures-off-the-wall" assembly-line service; and often operates with less than optimum sanitary procedures. The second is the "tattoo art studio" that most frequently features custom, fine art design; the ambiance of an upscale beauty salon; marketing campaigns aimed at middleand upper middle-class professionals; and "by-appointment" services only. Today's fine art tattoo studio draws the same kind of clientele as a custom jewelry store, fashion boutique, or high-end antique shop. (The Changing Cultural Status of the Tattoo Arts in America. Levins, Hoag. 1997.TattooArtist.com) After reviewing the request with the applicant at the May 13, 2014 Technical Review Committee meeting, Staff determined that tattooing is considered a form of art and businesses offering tattooing in most cases offer other services, such as retail to their clients.

In addition, permitting "Be The Canvas" that includes tattooing as well as retail sales, as the applicant has proposed, would allow a unique offering in the CRA. RECOMMENDATION: Based on the discussion above, it is recommended that the City Council authorize the City Attorney to prepare an ordinance amending the Town Center Development Code as proposed in the attached document. PLANNING BOARD: The Planning Board met on June 11, 2014 and recommended that the City Council authorize the City Attorney to prepare an ordinance amending the Town Center Development Code as proposed in the attached document. Vote: 5-0

Prepared by: Michele Parisano. Planning Manager/ CRA Administrator

Recommended Town Center Development Code Amendment That Section 2.1 (Definitions General) of Article I I of the Town Center Development Code of the City of Oldsmar is amended as follows: Restrictive uses. Retail sales and service uses, including but not limited to, day labor operations, tattoo parlors, body piercing facilities, pawn shops, check cashing centers, gun shops and blood plasma centers which are typically characterized by poorly maintained facilities, loitering and other indices of neighborhood deterioration.

Planning & Redevelopment,

I am requesting that the City of Oldsmar welcome my business "Be the Canvas" in the TCCN district. "Be the Canvas" is a tattoo boutique that will have tattoos by appointment and over 55% of the front room will be retail sales including jewelry, tshirts, shoes and etc. In order to move forward I need the City to allow me a business license. As of right now tattoo parlors are under restrictive uses in the TCCN district. I am requesting that tattoo parlors and piercing studios be permitted as a secondary use with retail. My business has been described as a business that has loitering, poorly maintained facilities, and as one that would cause neighborhood deteriation. None of which describe "Be the Canvas." "Be the Canvas" is a tattoo parlor with a retail component. This in no way indicates that it will be poorly maintained. I run a very clean business. I was located in a prestige part of town before relocating to Oldsmar. The location was next to a very high end restaurant called C'Sons owned by the Callaway's of Callaway gardens. Also many other expensive clothing stores and family businesses were located nearby. We also had the excitement of Billy Bob Thorton and other actors come in to visit our shop. Not only does our history show that we were upscale, it will also be licensed and regulated thru tie Pinellas County Health Department to ensure its safety and cleanliness. "Be the Canvas" and all tattoo parlors are required to maintain their appearances and be very sanitary in order to stay in business. People in the market for tattoos are about to invest a large amount of money and time on the art they choose for their bodies and won't stand for a dirty business, nor will I . Stimulation to the economy in the town center district would be beneficial to the neighboring businesses. That is exactly what we will do. It has been shown that tattoo shops with a retail component even in a recession continue to increase in profitability. "Be the Canvas" will attract people who are hard workers that have money to spend on luxuries, such as tattoos. When a person walks into a tattoo parlor they have money to spend outside their budget on non essentials. That is vastly different from the customers walking into check cashing facilities and pawn shops. Their customers are looking to receive money while my customers have money to spend. For the majority of people getting a tattoo is an event. They are planning on making a day of it. My customers will frequent the near by restaurants after stopping by to decide on their body art. They do this because I need time to draw their piece. They will head over to the sushi place on main, Applebee's, or some other place nearby in Oldsmar. I know this from experience. Restaurants were not the only businesses that benefited while we were located on Main Street in Lagrange. Nearby clothing stores and trinket shops would see customers from us as well. I am extremely confident that "Be the Canvas" will be a great addition to the City of Oldsmar. I f we work together we can make it happen, Jillian Santiago

(PLANNING & REDEVELOPMENT]

Marie Dauphinais,

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CONSENT DOCKET (2)

APPROVE MINUTES OF THE APRIL 15, 2014 CITY COUNCIL MEETING.

06/17/2014 COUNCIL PACKET

CITY COUNCIL MINUTES Oldsmar Council Chamber 101 State Street West Oldsmar, Florida

Date: Tuesday, April I S , 2014

Time: 7:00 p.m.

Mayor Doug Bevis called the Tuesday, April 15, 2014 City Council meeting to order at 7:00 p.m. Council Members present: Jerry Beverland, Jim Ronecker, Gabby McGee and Linda Norris. Council Members absent: None, Also present were: Bruce Haddock, City Manager, Tom Trask, City Attorney and Ann Stephan, City Clerk. Trask gave the invocation followed by the Pledge of Allegiance to the Flag. CITIZENS' OPEN FORUM: Toni Gross, 711 Satinleaf Avenue - thanked the City and the Council Members for their past generosity and support of Tampa Bay Gold Star Families; families of the fallen. She also thanked her neighbors and many volunteers who helped with last year's ceremony. Gross gave an update on the next Gold Star Mothers and Families Ceremony coming up on Sunday, September 28, 2014, 10:00 a.m. at Veterans Memorial Park. The Keynote Speakers will be General and Mrs. Lloyd Austin I I I , Commanding Officer of United States Central Command, MacDill Air Force Base. Also joining him will be Major General Garrett. Council Member Gabby McGee will welcome and recognize the special guests. Music will be provided by the Black Star Whiskey Band with lead vocalist Wade Sabourin, founder of Heart Strings for Heroes. This is a non-profit organization that presents custom made guitars to wounded warriors and veterans. Craig Gross, owner of Frankie's Patriot Barbeque will cater lunch following the ceremony. Gross requested that 100 folding chairs be at the park by 8:30 a.m. on September 28 for volunteers to set up and that the white canvas canopy tent used for ceremonies be in place before the 10:00 a.m. ceremony. th

COMMUNITY REDEVELOPMENT AGENCY: CONSENT DOCKET: 1. Approve minutes of the March 4, 2014 City Council Meeting 2. Approve payment to legal counsel 3. Approve one year extension of planning and engineering services agreement with Stantec Consulting, Inc. McGee made a motion, seconded by Norris, to approve the Consent Docket. ALL IN FAVOR? MOTION CARRIED: 5:0 VOTE. CITY OF OLDSMAR: 4. Presentation of the Council/Manager Award - Haddock presented the City Council/City Manager Award to Paul Martanovic, General Manager of Techni-car, for the month of April 2014. 5. Presentation of Employee Service Awards - Haddock presented Employee Service Awards to Tom Ott, Fire Lieutenant, for 25 years of service; Susan Hurley, Children's Services Librarian, for 10 years of service; and to Brian Peters, Firefighter/Paramedic, for 10 years of service.

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6. Presentation of the Homer Brunson/Ward Schrecengost Governmental Award - Bevis presented the Homer Brunson/Ward Schrecengost Governmental Award for 2014 - 1 Quarter to John Giordano. s t

7. Proclamation for National Day of Prayer, May 1, 2014 - Bevis read the Proclamation for National Day of Prayer and presented it to Whitney Stoutimore, National Day of Prayer Coordinator. 7a. Bevis presented City Clerk Ann Stephan with a statue from Sculptor Bill Holden. CITY ATTORNEY: 8. Second and final reading and public hearing of Ordinance 2014-04, rezoning eleven properties on Shore Drive East from E-2, Estate Residential, to R - l , Residential Single-Family - Trask read Ordinance 2014-04 by title only. Public Hearing: No public comments were received, McGee made a motion, seconded by Norris, to approve the second and final reading of Ordinance 2014-04, rezoning eleven properties on Shore Drive East from E-2, Estate Residential, to R - l , Residential Single-Family. ALL IN FAVOR? ROLL CALL VOTE: Beverland: yes; Ronecker: aye; McGee: yes; Norris: yes; Bevis: aye. MOTION CARRIED: 5:0 VOTE. 9. First reading and public hearing of Ordinance 2014-02, amending the land use designation on that certain real property described as Lots 28 and 29, Block 17, and Lots 2 and 3, Block 18, West Oldsmar Section 1 from County designation of residential urban to City designation of residential urban - Trask read Ordinance 2014-02 by title only. Public Hearing: No public comments were received. McGee made a motion, seconded by Norris to approve the first reading of Ordinance 2014-02, amending the land use designation on that certain real property described a s Lots 28 and 29, Block 17, and Lots 2 and 3, Block 18, West Oldsmar Section 1 from County designation of residential urban to City designation of residential urban. ALL IN FAVOR? ROLL CALL VOTE: Beverland: yes; Ronecker: aye; McGee: yes; Norris: yes; Bevis: aye. MOTION CARRIED: 5:0 VOTE. 10. First reading and public hearing of Ordinance 2014-03, rezoning certain real property described as Lots 28 and 29, Block 17, and Lots 2 and 3, Block 18, West Oldsmar Section 1 from County's zoning designation of R-4 (one, two and three family residential district) to the City of Oldsmar's zoning designation of R-3 (residential two and three family district) - Trask read ordinance 2014-03 by title only and performed the Swearing-in process. Marie Dauphinais, Planning and Redevelopment Director, submitted the staff report into the record and stated staff is recommending approval of the rezoning of these recently annexed West Oldsmar properties. At their March 12, 2014 meeting, the Planning Board also recommended approval. Public Hearing: No public comments were received. Norris made a motion, seconded by McGee, to approve the first reading of Ordinance 2014-03, rezoning certain real property described as Lots 28 and 29, Block 17, and Lots 2 and 3, Block 18, West Oldsmar Section 1 from County's zoning designation of R-4 (one, two and three family residential district) to the City of Oldsmar's zoning designation of R-3 (residential two and three family district). ALL IN FAVOR? ROLL CALL VOTE: Beverland: yes; Ronecker: aye; McGee: yes; Norris: yes; Bevis: aye. MOTION CARRIED: 5:0 VOTE. CITY MANAGER: 11. Approve CSX engineering agreement for the closure of Exeter Street railroad-highway grade crossing, installation of safety improvements to Forest Lakes Boulevard railroadhighway grade crossing, and the opening of Burbank Road railroad-highway grade crossing Haddock stated this work will be done in three locations along the CSX railroad line. It includes the closing of Exeter Street, the relocation of crossing gates from Exeter Street to Forest Lakes Blvd., and opening an additional railroad crossing at Burbank Road. The agreement amount is $55,856.00 and

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covers engineering design services. The work in the railroad right-of-way in all three locations must be completed by December, 2017. McGee made a motion, seconded by Norris, to approve the CSX engineering agreement tor the closure of Exeter Street railroad-highway grade crossing, installation of safety improvements to Forest Lakes Boulevard railroad-highway grade crossing, and the opening of Burbank Road railroad-highway grade crossing. ALL IN FAVOR? MOTION CARRIED: 5:0 VOTE. 12. Approve the Interlocal Agreement for creation of the Metropolitan Planning Organization (MPO) - Haddock stated this agreement would implement the merger of the Pinellas Planning Council (PPC) and the Metropolitan Planning Organization (MPO). There are 27 parties to this agreement; all 24 Pinellas County municipalities, Pinellas County, PSTA and FDOT. McGee made a motion, seconded by Norris, to approve the Interlocal Agreement for creation of the Metropolitan Planning Organization (MPO). ALL IN FAVOR? MOTION CARRIED: 5:0 VOTE. 13. Authorize the City Attorney to prepare an ordinance annexing two West Oldsmar parcels owned by FDOT - Haddock stated these are voluntary annexations of two stormwater ponds in West Oldsmar owned by the Florida Department of Transportation. Norris made a motion, seconded by McGee, to authorize the City Attorney to prepare an ordinance annexing two West Oldsmar parcels owned by FDOT. ALL IN FAVOR? MOTION CARRIED: 5:0 VOTE. CITY CLERK: Ann Stephan, City Clerk, thanked Bill Holden for her statue and stated it was a rite of passage. CITY COUNCIL: 14. Comments by Council Members: Norris - stated that everyone needs to go to Frankie's Patriot BBQ on Keystone Road in Tarpon Springs. Norris stated she attended Phil Phest and it was a very nice event. McGee - wished everyone a Happy Easter. Beverland - asked about the box that says No Right Turns at the intersection of Forest Lakes Blvd. turning onto State Road 580. Haddock stated it is related to the school crossing at that location. Lisa Rhea, Director of Public Works, stated it was installed for the pedestrian crossing and is only supposed to activate if the crossing button has been pushed or if the crossing guards are on duty. Rhea stated she would contact Pinellas County to check on it as it must be malfunctioning. Beverland also stated that he recently had his last cancer treatment. Ronecker - stated he recently stayed in Weston, FL where they have LED streetlights. It makes a tremendous difference in the way the town lights up. Haddock stated that this would be up to Tampa Electric and he is not sure if they have it in their rate structure at this point. Ronecker announced that the Oldsmar/Safety Harbor Relay for Life event will be held on Friday, April 25 beginning at 6:00 p.m. at Canal Park. He urged everyone to come out and participate. th

Bevis - stated that Oldsmar has joined the Nationwide Mayor's Challenge to be the most water wise city. Information can be found on the City's website, www.myoldsmar.com. Water conservation pledges will be accepted through April 30 . On Saturday, April 19 at 9:00 a.m., Breakfast with the Bunny will be held at Chick-fil-A. The Leisure Services Department's Annual Golf Tournament will be held on Friday, May 2 , 1:00 p.m. at The Eagles in Odessa. th

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15. Approve tentative agenda for May 6, 2014 - Norris made a motion, seconded by McGee, to approve the tentative agenda. ALL IN FAVOR? MOTION CARRIED: 5:0 VOTE. Beverland made a motion to adjourn, seconded by Norris. CARRIED: 5:0 VOTE. The meeting was adjourned at 7:58 p.m.

Prepared by: Kathy Horvath, CMC, Deputy City Clerk Respectfully submitted by:

Ann E. Stephan, CMC City Clerk City of Oldsmar

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ALL IN FAVOR?

MOTION

CONSENT DOCKET (3)

APPROVE MINUTES OF THE MAY 6, 2014 CITY COUNCIL MEETING.

06/17/2014 COUNCIL PACKET

CITY COUNCIL MINUTES Oldsmar Council Chamber 101 State Street West Oldsmar, Florida

Date: Tuesday, May 6, 2014

Time: 7:00 p.m.

Mayor Doug Bevis called the Tuesday, May 6, 2014 City Council meeting to order at 7:00 p.m. Council Members present: Jerry Beverland, Jim Ronecker, Gabby McGee and Linda Norris. Council Members absent: None. Also present were: Bruce Haddock, City Manager, Tom Trask, City Attorney and Ann Stephan, City Clerk. Trask gave the invocation followed by the Pledge of Allegiance to the Flag. CITIZENS' OPEN FORUM: Jeri Antozzi, 509 Shore Drive East - announced the Oldsmar Historical Society will be meeting on Saturday, May 10 at 10:00 a.m. The program will be a video interview of Dottie Sandin who is 97 years old. Gabby McGee will be leading another historical walk on Saturday, May 17 with a rain date of June 21 . Antozzi thanked Jerry Beverland and Jerry Custin for their assistance with a USF student who was working on a documentary. th

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Becky Afonso, 250 Strath more Avenue - announced that May is National Bike Month. Afonso distributed draft brochures and stated she has been working through the Historical Society on the formation of the Oldsmar Historic Bicycle Tour which they hope to launch in 2015. Dan Saracki, 1743 Split Fork Drive - announced that the Oldsmar Toastmasters Club will be holding an Open House on Monday, June 2, 2014, 6:00 p.m. at Flamestone. Oldsmar resident Cheryl Nickelson, a Certified Speaking Professional, will be giving a talk on improving leadership skills. Suda Yantiss-Colon, 402 Arlington Avenue East - announced Miss Suda's Dancers will perform their dance recital on May 16, 2014 at the Cypress Forest Recreation Center. Summer classes will be starting up in June. The OPAL theater group will also be performing on Saturday, May 17 at 3:00 p.m. th

COMMUNITY REDEVELOPMENT AGENCY: CONSENT DOCKET: 1. Accept resignation of Kathy Johnson from the Leisure Services Advisory Board 2. Accept resignation of Sonia Saceda from the Planning Board 3. Award bid for pre-fab vehicle storage building at Municipal Services Center (MSC) McGee made a motion, seconded by Norris, to approve the Consent Docket. ALL IN FAVOR? MOTION CARRIED: 5:0 VOTE. CITY OF OLDSMAR: 4. Presentation to winners of AWWA water conservation poster contest - Lisa Rhea, Public Works Director, gave a brief background of the statewide American Water Works Association Poster Contest which promotes the conservation of water. Both Forest Lakes Elementary and Oldsmar Elementary participated in the contest this year. Rhea introduced Sue Farrell, Senior Administrative Assistant, who has coordinated the contest for the past 14 years. The Tampa Bay Skating Academy donated a free skating session for every person who turned in a poster. Chick-fil-A and McDonalds also donated to the winners. A tote bag containing the image of their winning poster was presented to the following elementary school students:

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Grade / Place K -1:

2-3:

4-5:

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Forest Lakes

Oldsmar Elementary

Kyle Ondriezek Geovanna Lima Alina Guzman

David Dozier Nishanth Mathanagolpal Audrey Lehman

Rylie Ridgley Ashlyn Darrow Chloe Diefenbaugh

Daleelah Carbajal Alice Holloweli Connor Hayes

Darien Barrera Alaina Rivera Venessa Peffer

Travis Huynh David Nguyen Damian Cruz

Rhea announced that David Dozier also won first place statewide. 5. Presentation of Proclamation for Public Works Week - Bevis read the proclamation for Public Works Week and presented it to Lisa Rhea, Public Works Director. 6. Presentation of Proclamation for National Travel and Tourism Week - Bevis read the proclamation for National Travel and Tourism Week and presented it to Debb Pauley, Communications Specialist. A video showcasing the City of Oldsmar was shown. This video will be airing on the Visit St. Pete/Clearwater website. Bevis also presented copies of the proclamation to Andy Dominic of the Holiday Inn, Jerry Custin of the Upper Tampa Bay Chamber of Commerce, and Jeri Antozzi of the Historical Society. 7. Recognition for 2014 Healthiest Employer award - June Donald, Human Resources Administrator, stated she attended the 2014 Healthiest Employer Awards at the A la Carte Event Pavilion on April 3 . Oldsmar was one of over 50 employers in the area that were recognized for making wellness a reality for their employees. Donald presented the award to Mayor Bevis. Norris commented that the City of Clearwater and the City of Oldsmar were the only two cities to receive the award. All the other recipients were companies. rd

8. Acceptance of Peace in Action sculpture - Bevis stated this went before the Leisure Services Advisory Board. Dan Saracki, Chair of the Leisure Services Board, stated that after discussion, the board voted 4 to 3 to recommend acceptance of the Peace in Action sculpture. The argument of those against acceptance was that this sculpture does not have anything to do with the culture of the City. To others, it represented freedom and would be seen by participants of the Peace Run. McGee made a motion, seconded by Norris, to accept the Peace in Action sculpture. Beverland stated he is totally against the sculpture and suggested that any statue that is erected should mean something to the City; someone who has done something for the City or the Country. He advised the Council to think about this vote. Tilvila Hurwit, 305 4th Avenue South, Safety Harbor, stated that Sri Chinmoy was a very humble man without a high profile. He fostered oneness with humanity. To date there are 23 statues worldwide. She also stated the vote at the Leisure Services Advisory Board was 5 to 3. Bill Antozzi, 509 E. Shore Drive - clarified that the vote taken by the Leisure Services Advisory Board was 4 to 3 on this item because someone came in late. After discussion, it was determined that the Council did not have enough details and additional research is needed before moving forward. ALL IN FAVOR? MOTION FAILED: 1:4 VOTE (Beverland, Ronecker, McGee, Bevis). CITY ATTORNEY:

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9. Second and final reading and public hearing of Ordinance 2014-02, amending the land use designation on that certain real property described as Lots 28 and 29, Block 17, and Lots 2 and 3, Block 18, West Oldsmar Section 1 from County designation of residential urban to City designation of residential urban - Trask read Ordinance 2014-02 by title only. Public Hearing: No public comments were received. McGee made a motion, seconded by Norris to approve the second and final reading of Ordinance 2014-02. ALL IN FAVOR? ROLL CALL VOTE: Beverland: yes; Ronecker: aye; McGee: yes; Norris: yes; Bevis: aye. MOTION CARRIED: 5:0 VOTE. 10. Second and final reading and public hearing of Ordinance 2014-03, rezoning certain real property described as Lots 28 and 29, Block 17, and Lots 2 and 3, Block 18, West Oldsmar Section 1 from County's zoning designation of R-4 (one, two and three family residential district) to the City of Oldsmar's zoning designation of R-3 (residential two and three family district) - Trask read ordinance 2014-03 by title only. Public Hearing: No public comments were received. McGee made a motion, seconded by Norris, to approve the second and final reading of Ordinance 2014-03. ALL IN FAVOR? ROLL CALL VOTE: Beverland: yes; Ronecker: aye; McGee: yes; Norris: yes; Bevis: aye. MOTION CARRIED: 5:0 VOTE. 11. First reading and public hearing of Ordinance 2014-05, annexing two west Oldsmar parcels owned by FDOT - Trask read Ordinance 2014-05 by title only. Public Hearing: Walter Allison, 3675 Shore Blvd. - asked for clarification regarding the retention pond at the corner of Shore Blvd. and State Road 580. Trask replied that the property is not changing ownership and will still be owned by the Department of Transportation. Allison stated he has a Memorandum of Agreement with the Department of Transportation and has maintained the property around the pond for 17 years. Norris made a motion, seconded by McGee, to approve the first reading of Ordinance 2014-05. ALL IN FAVOR? ROLL CALL VOTE: Beverland: yes; Ronecker: aye; McGee: yes; Norris: yes; Bevis: aye. MOTION CARRIED: 5:0 VOTE. CITY MANAGER: 12. Adopt Resolution 2014-07, repealing Resolution 2014-05 and revising permit, inspection and plans examinations fees - Haddock explained that a new fee schedule was adopted In March. This Resolution will correct one error under the Plan Review Fees-Commercial category. Haddock read Resolution 2014-07 by title only. McGee made a motion, seconded by Beverland, to adopt Resolution 2014-07. ALL IN FAVOR? MOTION CARRIED: 5:0 VOTE. CITY CLERK: Ann Stephan, City Clerk, stated that the City's Relay for Life team raised $6,000.00 this year and walked 352 miles for the Hope You Can Hold necklaces. Bevis gave kudos to the City Clerk's Office for all their hard work towards Relay for Life. CITY COUNCIL: 13. Schedule work session to review six-year capital improvement plan - A work session to review the Capital Improvement Plan was scheduled for Tuesday, May 27, 2014, 3:30 p.m. in the Work Session Room. 14. Comments by Council Members: Norris - stated she recently had surgery and the Affordable Care Act saved her life. She knows it is a controversial issue, but wanted people to know it also has its good points. The enrollment period is 3

now closed, but she encouraged anyone who is eligible to look into it for next year. Norris stated the 2014 Legislative Session ended last Friday. The Tampa Bay Times has an entire list of new laws. Norris announced that the chemical collection will take place on Saturday, May 10 at Countryside High School. th

McGee - sent out upcoming Birthday wishes to Lisa Rhea, Kathy Horvath and Jerry Custin and wished everyone a wonderful Mother's Day on Sunday. McGee stated she had very successful Lasik eye surgery last week. She also mentioned the historic walking tour on Saturday, May 17 at 10:00 a.m. McGee stated on May 1 she attended the National Day of Prayer and read the Proclamation. th

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Beverland - thanked the Supreme Court for allowing prayers during Council meetings. Beverland suggested sending a letter signed by the Council to Jack Latvala, Ed Hooper and James Grant, thanking them for supporting BMX. He also thanked Haddock, Ronecker and Bevis for their work behind the scenes. Beverland asked for an update on Thornton's. Haddock stated that agreement was reached on all the conditions with the property owner Nick Papas. A specific color has been identified and molding will be placed on the metal frames. They are working with Thornton's on the changes. Beverland asked if residents of Gull Aire Village petition the City for streetlights, would that request be honored. Haddock stated the City would evaluate it. Beverland also asked why the trail behind Gull Aire Village is being built so wide. Lynn Rives, Leisure Services Director, responded that the trail design in Sheffield Park that connects to the Gull Aire section is afl 15 foot wide. The bid has already been awarded and the preconstruction meeting has been held. Rives stated he attend the Saturday morning coffee klatch at Gull Aire Village to update them on the trail. They expressed concerns regarding security and drainage. The trail has been designed by an engineer and the drainage is fine. A shell trail has been in place for five years and there have been no security issues during this time. Ronecker - wished all the mothers a Happy Mother's Day. Ronecker stated the City did a tremendous job at the Relay for Life event. The goal is close to being met and money is still coming in. Ronecker stated he attend the City's 15 Annual Golf Tournament last week which was another great event. th

Bevis - also stated that the golf tournament was a great event. Bevis announced that the Spray Park at Cypress Forest Recreation Center is now open for the season. Residents can purchase an annual parking pass for $2.68 at the Municipal Services Center, the Senior Center or the Rec Center. Ryan Taylor, Boy Scout Troop 135, introduced himself and stated he was attending the meeting as a requirement for earning his Communications badge. Bevis thanked the Florida House and Senate for approving the $1.27 million appropriation for the BMX Super Cross Track. It will have a huge economic impact. 15. Approve tentative agenda for May 20, 2014 - McGee made a motion, seconded by Norris, to approve the tentative agenda. ALL IN FAVOR? MOTION CARRIED: 5:0 VOTE. Beverland made a motion to adjourn, seconded by Norris. ALL IN FAVOR? MOTION CARRIED: 5:0 VOTE. The meeting was adjourned at 8:40 p.m.

Prepared by: Kathy Horvath, CMC, Deputy City Clerk Respectfully submitted by:

Ann E. Stephan, CMC City Clerk City of Oldsmar

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CONSENT DOCKET (4)

APPROVE PAYMENT TO LEGAL COUNSEL.

06/17/2014 COUNCIL PACKET

TRASK, METZ & DAIGNEAULT, L.L.P. 1001 South F o r t H a r r i s o n Avenue S u i t e 201 Clearwater, FL 33756

CITY OF OLDSMAR c/o Bruce Haddock, C i t y Manager 100 State S t r e e t West Oldsmar, FL 34677-3655

I n Re:

June 11, 2014 I.D. 59-3642714 I n v o i c e No. 45780

General Hrs/Rate METZ/R.ESTATE

5/1/2014

Borrow P i t - Phone c a l l t o opposing counsel, research r e a l p r o p e r t y , and review f i l e pertaining t o transfer.

2 .10 150.00/hr

5/2/2014

Borrow Pit-Review park agreement. annexation agreement.

1.80 150.00/hr

5/5/2014

Harrod Borrow pit-phone c a l l t o opposing counsel. Obatin p r o p e r t y a p p r a i s a l i n f o r m a t i o n . Prepare email t o c l i e n t .

1.10 150.00/hr

5/6/2 014

Borrow p i t - R e c e i v e email from opposing counsel. Receive survey from opposing counsel. Prepare email t o opposing counsel. Prepare email t o C i t y Manager.

0 . 90 150.00/hr

5/7/2014

Borrow p i t - P r e p a r e correspondence t o opposing counsel. Phone c a l l t o c l i e n t .

0. 70 150.00/hr

5/8/2014

Receive and review email from Bruce Haddock, respond. Research a d d i t i o n a l p a r c e l s . Prepare email t o opposing counsel.

0 .70 150.00/hr

5/12/2014

Borrow p i t - R e c e i v e and review email from opposing counsel and respond.

0.20 150.00/hr

5/14/2014

Borrow Pit-Receive and review email from opposing counsel. Phone c a l l t o opposing counsel. Review o l d t i t l e commitment. Receive email from Bruce Haddock, and respond. Phone c a l l t o P i n e l l a s County Property Appraiser. Prepare email t o opposing counsel.

1 .50 150.00/hr

Review

Amount

CITY OF OLDSMAR Page Hrs/Rate 5/15/2014

Borrow pit-Phone c a l l t o P i n e l l a s County regarding taxes, f o r w a r d p e r t i n e n t documents. Receive and review email from opposing counsel, respond.

0.60 150.00/hr

5/19/2014

Borrow p i t - r e c e i v e and review t a x p r o r a t i o n s from the County. Receive email from Bruce Haddock, respond. Prepare email t o opposing counsel, r e c e i v e response. Receive email from H o l l y LaBaire, respond. Prepare email t o opposing counsel, r e c e i v e response.

1.10 150.00/hr

5/20/2014

P h i l l i p s - r e c e i v e and review request f o r c e r t i f i c a t e o f ownership from Steve E v e r i t t . Research t i t l e e t c . , prepare c e r t i f i c a t e .

1.00 150.00/hr

5/28/2014

Hayes Park V i l l a g e - r e c e i v e and review email and attachments from Michele Parisano, research issue and Phone c a l l t o Michele.

0.70 150.00/hr

5/29/2014

Hayes Park-receive and review email from u n d e r w r i t e r r e g a r d i n g Hayes park, phone c a l l t o u n d e r w r i t e r . Prepare email t o Michele Parisano, r e c e i v e response, and prepare email to underwriter.

0.60 150.00/hr

5/30/2014

Hayes Park-Receive email from surveyor K e l l y McClung and r e t u r n phone c a l l from surveyor.

0.30 150.00/hr

SUBTOTAL:

13.30

2 Amount

1,995.00]

TRASK/LITIGATE 5/5/2014

Review email and attachment from Kathy Horvath regarding May 28th Board o f Adjustment meeting.

0.10 150.00/hr

5/8/2014

Review Order Approving Trustee's A p p l i c a t i o n f o r Compensation and Expenses i n the Ramlogun bankruprtcy case.

0 . 10 150.00/hr

NO CHARGE

CITY OF OLDSMAR Page Hrs/Rate 5/23/2014

Review email from Ann Stephan regarding Parkinen bankruptcy.

0.20 150.00/hr

5/28/2014

Review of c a n c e l l a t i o n n o t i c e f o r t h e Code Enforcement Board meeting.

0 .10 150.00/hr

SUBTOTAL: For p r o f e s s i o n a l s e r v i c e s rendered

0 . 50 13 .80

3 Amount

60.00] $2, 055 - 00

Previous balance

$1,408.08

Balance due

$3,463 . 08

CITY OF OLDSMAR Page I n Re:

4

Paul, Ketner Code Enforcement Board L i e n f o r e c l o s u r e Amount Previous balance

$121.49

Balance due

$121.49

CITY OF OLDSMAR Page I n Re:

5

Melendez, Ramon adv. Wells Fargo - Foreclosure Amount Previous balance

$75.00

Balance due

$75.00

CITY OF OLDSMAR Page I n Re:

6

Colantuono, Thomas adv. Bank of America - Foreclosure Amount Previous balance

$30.00

Balance due

$30.00

CITY OF OLDSMAR Page I n Re :

7

Poluse, James adv. Bay Arbor Property Owners (Foreclosure) Hrs/Rate

Amount

TRASK/LITIGATE 5/16/2014

Review and respond t o email s t r i n g a t t o r n e y Shannon Zetrouer.

5/20/2014

Review and respond t o email from a t t o r n e y Zetrouer; and email t o C i t y Clerk f o r payoff letter.

0.30 150.00/hr

5/21/2014

Review o f payoff l e t t e r from C i t y Clerk and email t o a t t o r n e y Zetrouer.

0.20 150.00/hr

SUBTOTAL: For p r o f e s s i o n a l s e r v i c e s Balance due

from

0.20 150.00/hr

0 . 70 rendered

0 .70

105 . 00] $105.00 $105.00

CITY OF OLDSMAR Page I n Re:

8

R i d d l e , Mary adv. Loancare Foreclosure Hrs/Rate

Amount

TRASK/LITIGATE 5/21/2014

Review P l a i n t i f f ' s Motion f o r W r i t o f Possession w i t h e x h i b i t s , proposed Order, and l e t t e r t o Honorable Thomas M i n k o f f .

0.30 150.00/hr

5/30/2014

Review email from Ann Stephan.

0.10 150.00/hr

Review Notice o f Compliance w i t h Rule 2.516 and Designation o f Email Address f i l e d by attorney f o r P l a i n t i f f .

0.10 150.00/hr

Review Motion f o r W r i t o f Possession and attachments f i l e d by a t t o r n e y f o r P l a i n t i f f .

0.20 150.00/hr

SUBTOTAL: For p r o f e s s i o n a l s e r v i c e s rendered Balance due

[

0.70 0.70

105.00} $105.00 $105.00

CITY OF OLDSMAR Page I n Re-.

9

Odea, B r i a n adv. US Bank (Foreclosure) Amount Previous balance

$172.58

Balance due

$172 .58

CITY OF OLDSMAR Page Re:

10

Joseph B e l c i k

A d d i t i o n a l Charges : Amount DAIGNEAULT/LITIGATION 5/7/2014 Robert L. Jones, I n c . SUBTOTAL: T o t a l costs

Service o f Process on Robert Sauerwine

25.00 [

25.00] $25 .00

Previous balance

$2,259 .60

Balance due

$2,284 .60

CITY OF OLDSMAR Page I n Re:

11

Red L i g h t Cameras Hrs/Rate

Amount

MORA/LITIGATION 5/8/2014

T r a v e l t o and from hearing; A t t e n d monthly red l i g h t t r a f f i c camera hearing on b e h a l f o f C i t y of Oldsmar SUBTOTAL:

1.00 150.00/hr

1. 00

150.00]

TRASK/LITIGATE 5/7/2014

Review email and attachment from Ann stephan r e g a r d i n g red l i g h t camera hearings scheduled f o r May 8, 2014.

0.20 150.00/hr

5/19/2014

Review email and attachment from Ann Stephan r e g a r d i n g June 12th hearing schedule.

0 .10 150.00/hr

SUBTOTAL:

0.30

For p r o f e s s i o n a l s e r v i c e s rendered

1.30

45 .00] $195.00

Previous balance

$405.00

Balance due

$600.00

CITY OF OLDSMAR Page I n Re:

12

E a r l S. Jones, J r . and Melissa L. Jones Foreclose - 1810 Elmwood Hrs/Rate

Amount

TRASK/LITIGATE 5/5/2014

Review Notice o f Appearanace o f Counsel f i l e d and served by counsel f o r P l a i n t i f f .

0.10 150.00/hr

Review o f N o t i c e o f Appearance.

0.10 150.00/hr

5/7/2014

Prepare l e t t e r t o Courtney Johnson, a t t o r n e y f o r P l a i n t i f f , t o advise o f l e g a l r e p r e s e n t a t i o n o f t h e C i t y and t o send a l l f u t u r e p l e a d i n g s t o me.

0.30 150.00/hr

5/21/2014

Review J o i n t S t i p u l a t i o n f o r S u b s t i t u t i o n o f Counsel and Consent o f C l i e n t , p e r t a i n i n g t o representation of P l a i n t i f f .

0.10 150.00/hr

SUBTOTAL:

[

For p r o f e s s i o n a l s e r v i c e s rendered

0.60

90.00]

0.60

$90.00

Addi t iona1 Charges : TRASK/LITIGATE 5/7/2014 L e t t e r t o Courtney Johnson, a t t o r n e y f o r P l a i n t i f f . L e t t e r t o Courtney Johnson, a t t o r n e y f o r P l a i n t i f f . SUBTOTAL:

[

T o t a l costs T o t a l amount o f t h i s

0.49 0.20 0.69] $0.69

bill

$90 .69

CITY OF OLDSMAR Page

13 Amount

Balance due

$90 . 69

CITY OF OLDSMAR Page I n Re :

14

Knapp, P a t r i c k & Sandra 3 0 86 Duane Avenue Hrs/Rate

Amount

TRASK/LITIGATE 5/21/2014

Prepare V e r i f i e d Foreclosure Complaint, L i s Pendens, and two Summons f o r s e r v i c e on Defendants, P a t r i c k Knapp and Sandra Knapp.

1.10 150.00/hr

SUBTOTAL:

1.10

For p r o f e s s i o n a l services rendered

1.10

Balance due

165 . 00] $165.00 $165.00

CITY OF OLDSMAR Page I n Re:

15

Whidden Foreclosure Amount Previous balance

$15 . 00

Balance due

$15.00

CITY OF OLDSMAR Page I n Re:

16

Ramquist adv. Wachovia Hrs/Rate

Amount

TRASK/LITIGATE 5/23/2014

Review Notice of F i l i n g Amended A f f i d a v i t o f A t t o r n e y as t o Costs and Time Expended, and Amended A f f i d a v i t o f A t t o r n e y f i l e d by Plaintiff.

0.10 150.00/hr

SUBTOTAL:

0 . 10

For p r o f e s s i o n a l s e r v i c e s rendered

0.10

15.00] $15.00

Previous balance

$15.00

Balance due

$30.00

CITY OF OLDSMAR Page I n Re:

17

Pittman, Charles, adv. US Bank Hrs/Rate

Amount

TRASK/LITIGATE 5/27/2014

Review email from Kathy Horvath r e g a r d i n g questions about Pittman Code Enforcement l i e n s . SUBTOTAL: For p r o f e s s i o n a l services rendered Balance due

0.10 150.00/hr [

0.10 0.10

15.00] $15.00 $15.00

TRASK, METZ & DAI GNEAULT, L.L.P. 1001 South F o r t H a r r i s o n Avenue S u i t e 201 Clearwater, FL 33756

CITY OF OLDSMAR c/o Bruce Haddock, C i t y Manager 100 State S t r e e t West Oldsmar, FL 34677-3655

June 11, 2014 I.D. 59-3642714 I n v o i c e No. 45780

C l i e n t Matter B i l l i n g Summary

Fees/ Costs I n Re

I n Re

I n Re

I n Re

Payments/ Credits/ Refunds

$0 .00 $0 .00 $0 .00

$0 .00 $0.00 $0.00

$1,408.08 $2,055.00 $0 . 00 $3,463.08

$0.00 $0.00 $0.00

$0 .00 $0 .00 $0 .00

$121.49 $0 . 00 $0 . 00 $121.49

$0 .00 $0 .00 $0 .00

$0.00 $0.00 $0.00

$75 .00 $0 .00 $0.00 $75 .00

$0 .00 $0 .00 $0 .00

$0 .00 $0 .00 $0 . 00

$30.00 $0.00 $0.00 $30.00

$0 .00 $0 .00 $0 .00

$0.00 $0.00 $0.00

General $2,055.00 $0 .00

I n Re

Prev. B a l / New Chgs/ Pm/Cr/Ref/ New Bal

Service Tax/ Sales Tax/ Interest

Paul, Ketner Code Enforcement Board L i e n f o r e c l o s u r e $0.00 $0.00

Melendez, Ramon adv. Wells Fargo - Foreclosure $0.00 $0.00

Colantuono, Thomas adv. Bank o f America - Foreclosure $0 .00 $0 .00

Poluse, James adv. Bay Arbor Property Owners (Foreclosure) $105 .00 $0 .00

$0 . 00 $105.00 $0 . 00 $105.00

CITY OF OLDSMAR Page

2

Prev. B a l / New Chgs/ Pm/Cr/Ref/ New Bal

Service Tax/ Sales Tax/ Interest

Payments/ Credits/ Refunds

$0 .00 $0 .00 $0.00

$0.00 $0. 00 $0. 00

$0. 00 $105.00 $0 . 00 $105.00

$0 .00 $0 .00 $0 .00

$0.00 $0.00 $0.00

$172.58 $0 .00 $0 .00 $172.58

$0.00 $25.00

$0.00 $0.00 $0 .00

$0 . 00 $0 .00 $0 .00

$195 .00 $0.00

$0.00 $0 .00 $0 .00

$0.00 $0.00 $0 .00

$0 .00 $0 .00 $0.00

$0 .00 $0 .00 $0 .00

$0 .00 $0 .00 $0 .00

$0.00 $0.00 $0.00

Fees/ Costs R i d d l e , Mary adv. Loancare Foreclosure $105.00 $0 . 00

Odea, B r i a n adv. US Bank (Foreclosure) $0.00 $0.00

Joseph B e l c i k $2,259.60 $25.00 $0 . 00 $2,284 .60

Red L i g h t Cameras

E a r l S. Jones, J r . and Melissa L. Jones Foreclose - 1810 Elmwood $90.00 $0 .69

Knapp, P a t r i c k & Sandra 3 086 Duane Avenue $165 .00 $0.00

$405.00 $195.00 $0 .00 $600.00

$0. 00 $90.69 $0 . 00 $90.69

$0 .00 $165.00 $0.00 $165 .00

CITY OF OLDSMAR Page

Fees/ Costs I n Re:

I n Re:

I n Re:

Service Tax/ Sales Tax/ Interest

Payments/ Credits/ Refunds

3

Prev. B a l / New Chgs/ Pm/Cr/Ref/ New Bal

Whidden Foreclosure $0 .00 $0.00

$0 .00 $0 . 00 $0 . 00

$0.00 $0.00 $0 .00

$15. 00 $0 .00 $0 .00 $15.00

$15.00 $0.00

$0 . 00 $0 . 00 $0 . 00

$0 .00 $0 . 00 $0 . 00

$15.00 $15.00 $0 . 00 $30 . 00

$0 . 00 $0 . 00 $0 . 00

$0 . 00 $0 . 00 $0 . 00

$0 . 00 $15 .00 $0 .00 $15 .00

$0 .00 $0.00 $0.00

$0 .00 $0 .00 $0 .00

Ramquist adv. Wachovia

Pittman, Charles, adv. US Bank $15.00 $0 .00

GRAND TOTAL

$2,745.00 $25 .69

$4,501.75 $2, 770 .69 $0 .00 $7,272.44

CONSENT DOCKET (5)

AUTHORIZE THE CITY MANAGER TO ADVERTISE FOR BIDS FOR LANDSCAPING MATERIALS FOR SR 580.

06/17/2014 COUNCIL PACKET

MEMORANDUM TO:

Bruce T. Haddock, City Manager

FROM:

Lynn D. Rives, Leisure Services Director

DATE:

June 3,2014

SUBJECT:

Authorization to Advertise for the Purchase of Plant Materials

Request City Council approval to advertise for bid for purchase of Plant Materials for State Road 580 landscape renovation. The project is funded by a Florida Department of Transportation (FDOT) State Highway Beautification Grant. The city is currently fourth year of a five year agreement with FDOT providing $90,000.00 annually for landscaping beautification of the state roads within the City of Oldsmar. A copy of the proposed bid schedule is attached for your review. If this meets with your approval, please schedule this for council consideration.

CITY OF OLDSMAR, FLORIDA PROPOSED BID SCHEDULE

B14-03: LANDSCAPE PLANT MATERIALS

Day

Date

Activity

Friday

5-30-14

Requested Bid Documents from Administrative Services

Tuesday

6-17-14

Authorization to advertise requested from City Council

Monday

6-23-14

Advertisement forwarded to Business Observer

Friday

6-27-14

Advertisement appears in Business Observer

Monday

6-30-14

Advertisement appears on City website

Monday

6-30-14

Bid Document available to Public

Tuesday

7-22-14

Bid Opening @ 2:00 p.m. 2

Wednesday

7-23-14

Recommendation forwarded to City Manager

Tuesday

8-5-14

City Council awards contract and authorizes purchase

Wednesday

8-6-14

Notice of Award, contracts, request Purchase Order, etc.

Distribution:

Council Agenda for June 3, 2014 Bruce T. Haddock, City Manager Ann Stephan, City Clerk Ai Braithwaite, Administrative Services Director Cindy Nenno, Finance Administrator Lynn Rives, Leisure Services Director

Date:

nd

Floor Conference Room

CITY OF OLDSMAR (6)

CONSIDER THE REAPPOINTMENT OF BERNIE CARNEVALE TO THE PLANNING BOARD.

06/17/2014 COUNCIL PACKET

MEMORANDUM-ADDITION

TO CITY COUNCIL AGENDA

To:

Bruce T. Haddock, City Manager

From:

Ann E. Stephan, CMC, City Clerk

Date:

June 2, 2014

Proposed Agenda Date:

June 17, 2014

Requested Item(s) to be added to the above-referenced agenda: Consider the reappointment ofBernie Carnevale to the Planning Board

Is background information attached:

Yes: X

No:

If no, is background information expected prior to the printing of the Council Packets? Yes: No:

W®*m City of Oldsmar 100 State Street West - Oldsmar, FL 34677-3655 - (813) 749-1100 - Fax (813) 854-3121

June 2, 2014

Bernie Carnevale 858 Christina Circle Oldsmar, FL 34677 Re:

Advisory Board Reappointment

Dear Bernie, Routinely, all advisory board appointments and reappointments are brought before the City Council for confirmation. The City Council has requested that we coordinate the council meeting date with the appointee to make sure they can attend. This provides an opportunity not only for questions, but also a time for council members to meet each advisory board member. Per our conversation, you are scheduled for the Tuesday, June 17, 2014 City Council meeting when the Council will consider your reappointment as a member of the Planning Board. The meeting begins at 7:00 PM and will be conducted in the Oldsmar City Council Chamber, 101 State Street West. If you are unable to attend this meeting, please contact me as soon as possible at (813) 749-1116 or by e-mail at [email protected] to reschedule. In advance, thank you for your service to our community. Sincerely,

Kathy Horvath, CMC Deputy City Clerk City of Oldsmar, Florida

CounciC-tManager

government

CITY OF OLDSMAR (7)

PRESENTATION OF COUNCIL/MANAGER AWARD.

06/17/2014 COUNCIL

PACKET

W

! P ^ City ofOfcfsmar 100 State Street West - Oldsmar, FL 34677-3655 - (813) 749-1100 ~ Fax (813) 854-3121

June 6, 2014

John Bews 150 State Street East Oldsmar, FL 34677 RE:

City Council/City Manager Award

Dear John, You are cordially invited to attend the Oldsmar City Council meeting on Tuesday, June 17, 2014 at 7:00 PWI in the Council Chamber at 101 State Street West when you will be formally recognized by Council Member Gabby McGee for the Council/Manager Award on behalf of the Mayor, Council and City Manager for the month of June 2014. If you wish to obtain more information, please call the City Clerk's Office at (813) 7491116, or e-mail me at [email protected]. If you are unable to attend, please call so the presentation can be rescheduled. Congratulations! Sincerely,

Kathy Horvath, CMC Deputy City Clerk City of Oldsmar, Florida

cc:

City Council City Manager Council/Manager 2014 file

CounciC-Mamger

government

CITY OF OLDSMAR (8)

PRESENTATION OF EMPLOYEE SERVICE AWARD.

06/17/2014 COUNCIL PACKET

MEMORANDUM

Administrative Services Department Commitment

TO:

Bruce Haddock City Manager

FROM:

Al Braithwaite Director of Administrative Services

DATE:

June 2, 2014

SUBJECT:

June 2014 Service Awards

to 'ExceCCence

PI

The following employee will celebrate a notable anniversary in June and will be recognized at the Council Meeting on June 17, 2014:



Katherine Knox, Customer Service Clerk - Administrative Services Finance - Utility Billing -10 years on June 21, 2014.

City of Oldsmar

Printed on Recycled Paper

CITY MANAGER (9)

APPROVE RENEWAL OF USE AGREEMENT WITH OLDSMAR FALCONS YOUTH FOOTBALL AND CHEERLEADING, INC.

06/17/2014 COUNCIL PACKET

MEMORANDUM TO:

Bruce T. Haddock, City Manager

FROM:

Lynn D. Rives, Leisure Services Director

DATE:

June 6,2014

SUBJECT:

Youth Sports Use Agreement

Recommendation: Request City Council approval of the use agreement with the Oldsmar Falcons Youth Football and Cheerleading Inc., for operation of youth sports programs at Canal Park. History: The agreement replaces the 2013 agreement that has expired. Background: The only changes to the use agreement are dates, fields to be used, and time of use. The City Attorney has reviewed and approved the agreements previously. Copies of the agreements are attached for your review. If this meets with your approval, please schedule this for council consideration.

AN AGREEMENT FOR THE USE OF RECREATION FACILITIES BY OLDSMAR FALCONS YOUTH FOOTBALL AND CHEERLEADING INC. The City of Oldsmar, Florida, a municipal corporation, hereinafter referred to as "City" and Oldsmar Falcons Youth Football and Cheerleading Inc. hereinafter referred to as "League", agree as follows: The City does hereby agree to the use of the recreational facilities by the League as described below: 1.

Multipurpose fields 1, 2 and 3 located in the City of Oldsmar, more specifically described as City of Oldsmar, Canal Park Phase II area, located at 3120 Tampa Road.

2.

This agreement shall be in effect subject to the conditions set forth in paragraph 4 below, from July 14,2014 until November 20,2014. The City may cancel me agreement at any time and in its sole discretion upon thirty (30) days written notice to the League.

3.

The League agrees to and will at all times agree to protect, indemnify, save and hold harmless the City of Oldsmar, their employees, agents, representatives, elected officials, successors, volunteers, and assigns from all liability, claims, demands, damages, and costs of every kind and nature, including attorney's fees at trial or appellate levels resulting from or in any manner arising out of or in connection with the use of tiie City's recreational facilities by the League. The League shall upon request from the City, defend and satisfy any and all suits arising from its use of the premises. The City Agrees To: a.

Assume payment of all water, wastewater, storm water, and garbage utilities up to a combined amount of $4,000.00 annually.

b.

Provide a dumpster and trash receptacles.

The League Agrees To: a.

The League will reimburse the City for 75% of the total of electric utility costs incurred during the term of the lease, except during the period of August through November when facility is shared the utility cost will be 45%. Reimbursement payment is due within thirty (30) days after invoice date.

b.

Maintain the grounds, to include playing fields and area outside the playing field free of paper and debris accruing from the operation of any concession stand or League activity. Remove debris and trash from the site at the conclusion of each game/practice. Also, police the immediate area (bleachers and concession stand) for litter at the conclusion of each day's practice and/or games. Empty all trash containers following each practice and/or games into dumpster provided by the City. The League will pay $25.00 per hour for trash and debris left that has to be picked up by City staff. Reimbursement payment is due within thirty (30) days after invoice date.

c.

Maintain concession facilities and storage sheds, i f any, including daily locking of building, proper placement and/or cleaning of all concession supplies and equipment and general cleaning and upkeep. No storage is permitted in electrical room or hallway of concession facilities. The League will be responsible for any damages to the facilities during any League event.

d.

Field lights are to be turned off by 11:00 pm each night and locked nightly. Use or maintenance is prohibited between 11:00 pm and 7:00 am dairy. Public restrooms will be monitored during League activities.

e.

Provide a roster listing with all participants name, address and Oldsmar Recreation Card number in the program not later than August 8,2014 to the City Leisure Services Department.

f.

Provide the city with background checks for all volunteers in accordance with state requirements not later than August 1,2014.

g.

Providereimbursementto the City for the cost of janitorial services for cleaning the restrooms three (3) times per week during the term of agreement. Reimbursement payment is due within thirty (30) days after invoice date. The league isresponsiblefor monitoring and maintaining restrooms during league use. The League will pay $25.00 per hour for additional cleaning required for failure to monitor and maintain restrooms during use.

h.

Line all fields (provide dust, paint, liners) and provide Field equipment. Lining of Fields is prohibited from 11:00 pm to 7:00 am daily. Duty includes storage of all field equipment in designated areas at the end of each day.

i.

In the event of heavy rainfall, the League Athletic Director and/or the Leisure Services Director shall determine payability of the field. If damage to the playing Field shall result from the use of the Field following the League Athletic Director's decision, the League shall be financiallyresponsiblefor the repair. The League shall not add any materials to the playing field without the consent of the Leisure Services Director.

j.

Obtain the written approval from the City Manager before physical improvements or additions are made to any facility covered by this agreement. This includes fencing of any type. All improvements become property of City.

k.

Provide private phone service, if so desired by the League, and assume responsibility for all related costs and payments.

1.

Provide a League member to act as the League representative and liaison between the League and the City Leisure Services Director prior to July 14,2014.

m.

Obtain prior approval, (a minimum of 14 days prior to any event) from the Leisure Services Director for the use of said facilities for any tournaments, clinics, or schools to be held by the League.

n.

Maintain concession facilities in accordance with specifications established by the State Sanitary Code and Pinellas County Health Department. Keep current all required licenses and permits. Completely vacate and clean the concession and storage areas of all products, equipment and supplies no later than five (5) days after the last home game. The use of the concession stand is non-exclusive and may require sharing of space with other organizations. No grilling, cooking or frying is allowed inside concession stand and no outside frying is allowed within the park except in designated area. Disposal of grease or oil into concession drains is prohibited.

o.

Provide an Income Statement and Balance Sheet to the City Manager on or before July 14, 2014. Should the City Manager determine the League is not financially sound and able to meet all its obligations, the City may terminate this lease immediately.

p.

Each participant will be required to have a City recreation card and pay the applicable current card fee based on their status as a resident/non-resident. The current fee for residents will be $5.00 for an annual card and $15.00 for an annual family card. The current fee for a non-resident is $65.00 for a 6 month individual card, $110.00 for an 2

annual individual card, and $240.00 for an annual family card. Fees are subject to change at any time with 30 days notice. All recreation card fees are plus sales tax. Recreation cards are available at all Leisure Services facilities for purchase. The league is responsible for insuring that all participants have a valid recreation card and are liable for the recreation card fee for all participants. All league participants are required to have the City recreation card available for screening while utilizing city facilities. Recreation card screening by City staff wil! occur randomly during this agreement. 4.

During the season, the League shall have the non-exclusive use of the playing fields on the days noted below, said usage to be determined by the League submitting a schedule of games and practice times to the Leisure Services Director, not later than July 14, 2014, which when approved by the City will not be modified without fourteen (14) days notice to either party or as mutually agreed upon. At all other times, scheduling for the use offieldswill be at the sole discretion and direction of tiie Leisure Services Director. All field scheduling will be done through the City Leisure Services Department. •

The League will have use of Field 2 & 3- Monday - Friday, July 14 through August 15, 2014 from 6:00 pm to 9:00 pm. The League will have use of Field 2 & 3 from August 18, 2014 through October 23,2014 on Monday, Tuesday and Thursday from 6:00 p.m. to 9:00 p.m. and all home games scheduled on August 30th, September 12 , September 13th, September 27th, October 11th and October 25,2014 will be scheduled on Fields 1 and 2. th

11

The Leisure Services Department reserves the use of field 1, 2, 3 all day Sunday and holidays and at all other times not covered by this agreement.



At the conclusion of the TBYFL regular season, the playoff teams, if any, and the cheerleading program will be assigned to field 2 for practices on the League's assigned days from 6:00 p.m. to 9:00 p.m. until November 7,2014 for cheerleading and November 20,2014 for football.



At the completion of the season all equipment will be removed from all fields and adjacent areas.



The City reserves the right to hold special events that require the use of the entire park. The City will notify tiie league 30 days prior to event date.



Use of fields outside of dates and times listed will be scheduled through Leisure Services Department on a space available basis.

5.

The League is hereby authorized and instructed to make, keep and maintain reasonable rules and regulations regarding the use of the facility by members of the League and the wear and tear and damage by the elements are expected. The League is responsible and will reimburse the City for damages to facilities in excess of normal wear and tear. The League also agrees to enforce City park rules posted at each facility.

6.

The League, at its expense, shall keep in force during the term of the agreement, insurance from a company licensed in the State of Florida. The required insurance shall be evidenced by a certificate of insurance, which must be submitted to, and approved by the City Manager prior to the effective date of this agreement. The City of Oldsmar shall be named as additional insured under the policy, and the City shall be provided with a thirty (30) day notice in the event of cancellation, non-renewal, or adverse change totiiepolicy. The League shall provide, on forms no more restrictive than tiie latest edition of those filed by the Insurance Services Office, Comprehensive General Liability Insurance with a minimum of $1,000,000.00 per occurrence combined single limit to include: 3

Premises - Operation 1. Independent - Contractors 2. Products - Completed 3. Broad Form Contractual 4. Personal Insurance Failure to comply with this requirement shall subject this agreement to immediate cancellation. 7.

In the event that the League operates a concession facility or in any way distributes or sells food, beverages, candy or foodstuffs of any description the League agrees to fully indemnify the City (in accordance with paragraph #3 herein) from any claim or cost arising from tiie provision of foodstuffs.

8.

The League is responsible for the collection andremittanceof appropriate sales tax to the State of Florida Department of Revenue. The League is responsible for payment of all payroll taxes and workers compensation claims.

9.

This use agreement is specifically conditioned upon the League continuing to run its program in accordance with rules and regulations in such a manner that the League's activities are open to all eligible youth who wish to participate, regardless of ability, sex, or race. In the event that the League changes this policy, this agreement shall be subject to immediate cancellation.

10.

This agreement may not be assigned or transferred in any manner by the League and any such assignment or transfer is expressly prohibited.

11.

This agreement shall be binding upon the parties hereto, their successors and assigns.

12.

Any previously existing oral or written agreements between the parties shall be terminated as of the date of this agreement and shall be deemed hereafter null and void and have no further force and effect whatever.

13.

If either party deems it necessary to enforce the provisions of this agreement, the prevailing party shall be entitled to recover attorney's fees and costs.

14.

The venue shall be Pinellas County, Florida.

IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT THIS DAY OF , 2014.

Ana E. Stephan, City Clerk

Doug Bevis, Mayor

APPROVED AS TO FORM:

Thomas J. Trask, City Attorney

Bruce T. Haddock, City Manager OLDSMAR FALCONS YOUTH

4

CITY MANAGER (10)

APPROVE LANDSCAPING PLAN FOR SR 580.

06/17/2014 COUNCIL PACKET

MEMORANDUM TO:

Bruce T. Haddock, City Manager

FROM:

Lynn Rives, Leisure Services Director

DATE:

June 4,2014

SUBJECT:

State Road 580 Landscape Renovation Project

Recommendation: Request City Council approval of the proposed State Road 580 Landscape Plan that has been approved by Florida Department of Transportation (FDOT) for landscaping improvements on SR 580. History: The project site was originally landscaped with the widening of SR 580. Background: The plan and plant materials have been reviewed and approved by FDOT. The project cost is estimated at $90,000.00, funded 100% by FDOT. The project site is on SR580 between the SR580/584 intersection and Forest Lakes Boulevard and will entail upgrading and expanding existing landscaping. A copy of the approved plan is attached for your review. If this meets with your approval, please schedule for council consideration and approval.

CITY

OF

OLDSMAR,FLORIDA

REFERENCE PLANS FOR FDOT FISCAL YEAR 2014 LANDSCAPE PROJECT

PINELLAS COUNTY

LOCATION OF PROJECT -

.

STATE ROAD NO.580 INDEX OF LANDSCAPE PLANS SHEET NO. U L2 L3 L4 — LB LB

SHEET DESCRIPTION KEY SHEET TABULATION OF QUANTITIES GENERAL NOTES /ITEM NOUS LANDSCAPE PLAN SHEETS LANDSCAPE DETAILS

LANDSCAPE

CITY

OF

CITY

OLDSMAR COUNCIL

DOUG BEVfS LINDA NORRIS JERALD BEVERLAND JIM RONECKER GABBY MAGEE

MAYOR VICE-MAYOR

BRUCE T.HADDOCK

CITY MANAGER

ATTENTION B DMCCTCD TO DC W T TOT

mrs HAM u u H K Mm Mitrm w tat n n n n u c w inn war m

OMsuro «Hn oauMW K K I D MI*.

PROJECT MANAGER: LYNN RfVES LEISURE SERVICES DIRECTOR DIRECTOR CITY OF OLDSMAR 300 Commerce Blvd OLDSMAR. FL. 3 4 6 7 7 - 0 1 0 0 PH: (813) 7 4 9 - 1 2 6 0 FAX: ( 8 1 3 ) 8 1 8 - 7 6 2 5

REVISIONS

nv

«J0B W.

REV 04/14

LANDSCAPE SPECIFICATIONS 1.

The work consists of the complete plont material Installation OB shown on the drawings ond as herein specified. This work shall include, but le not limited to. the supplying of oil plant material specified, the furnishing of labor, equipment, appliances and oil materials called far, and in performing all operations In connections with (he Landscape Installation as shown on this plan. Further, the work shall Include the maintaining of all plants and planting areas until acceptance by the owner, and the fulfilling of all guarantee provisions as here in specified.

15.

The contractor shall notify the Poject Monoger of any conflict or discrepancy in plans prior to performing any work in the affected area.

16.

Contractor shall clean up and remove from the premises all surplus and discarded materials and rubbish from his construction.

2.

The contractor shall fully acquaint himself with the related paving, site grading, water supply, electrical supply, and other utilities to preclude any misunderstanding and to facilitate o trouble free Installation. Coll Sunshine Slots One Cotl t-BOO-282~88B1 prior to any construction for uuttty coordination.

17.

All shrubs ond sad shall be guaranteed from ninety (90) days after final acceptance by owner, AH trees shall be guaranteed for one (1) year after final acceptance by owner.

18.

Final Inspection will not take place until all materials are planted/Installed correctly. Contractor will request a final Inspection by written letter to owner and Poject Manager.

3.

The contractor Is responsible for repairing any damages to existing facilities that may occur as a result of the work done by the contractor called for In this contract. The work performed under this contract will interface with other work being performed by other contractors. It will be necessary for the contractor to coordinate and schedule activities, where necessary, with other contractors and their subcontractors.

19.

Contractor win be notified by letter of final acceptance within ten days after final Inspection or ten doyn after re inspection should the lotter be necessory.

20.

Upon final notice of final acceptance, the owner will assume maintenance and the guarantee/ warranty period begins.

4.

No substitutions shall be made without written permission of Paject Manager.

21.

5.

In the event of variation between the plant list and the actual number of plants shown on the plans, the plan3 shall control.

Contractor shall perform o final site clean—up (Including weeding, trimming. Irrigation head adjustment and spraying of fungicides and / o r pesticides (if necessary) at the end of the 90 day grow-in period.

22.

6.

Plont materials will be inspected at staging yard by FOOT LANDSCAPE ARCHITECT. When inspection work does not comply with the requirements, replace rejected work and continue specified maintenance until reins pert ed and found to be acceptable. Remove rejected plonts and materials from the planting site within 48 hours and replace with acceptable materials.

Contractor shall perform soil percolation tests in planting areas prior to any plonts being purchased or installed. The results are to be given to the Owner's representative with the contractor's recommended SOB amendments recommendation if necessary.

23.

Project area acreage is .4 acre

7.

All materials ond equipment shall be installed in a neat and workman like manner. The owner or hie Poject Manager reserves the right to direct the removal ond replacement of any items which, in his opinion, do not present an orderly ond reaionoble neat or workman like appearance, provided such items can be properly Installed in such orderly way by the usuol methods of such work.

8.

AN plant materials shall be Grade Florida No. 1 or better os outlined under GRADES AND STANDARDS FOR NURS^ffr PLANTS. Ports I ond H, Stole Plant Board of Florida, shall Conform To ANSI Standards for Nursery Stock (ANSI Z60.1-1996).

9.

AH planting beds eholl be mulched with 3" recycled yard waste.

10.

All trees shall be staked ond guyed with a min. of 2 — 2"x4" pine stakes as shown In details. All trees to be self—supporting for wind resistance and stability during the establishment period. No deviations unless approved in writing.

11.

Apply "Chipco Ronstar G" with a properly calibrated granuiar opplicotor that will apply the granules uniformly after initial plantings have been completed. Apply at o rate of 3 lbs per 1000 sq.ft. of planted orea specified. Do not apply pre-emergent chemicol on leaven.

12.

Planting soil for all plant materials shall consist of four (4) parts of notural topsail with one (1) pert pulverised peat and two pounds of water soluble slow release fertilizer (6-6-6) per cubic yard, well mined. Planting soil mixture sample must be submitted for approval lo Poject Monoger. No planting shall occur until the Poject Manager approves planting soil.

13.

Fertilizer for trees eholl be 1 0 - 1 0 - 1 0 . ond for lawns fertilizer shall be B - 8 - 8 , slow release, water soluble fertilizer and shaN conform ta the applicable otate of Florida fertilizer Jaws, contractor shall submit to the Poject Monoger. a fortilirotion certification.

14.

Ail plont materials shall be watered by the conlroclor thoroughly when planted and during the planting time period through the 90 day eslobliamenl period following substantia! completion. After flnol acceptance by owner and until the expiration of the tree ond shrub gouronlee periods.it shall be the responsibility of the con t roc tot to advise the owner of any developing condition which if not corrected would Invalidate the guarantee.

REV 03-08-14

TREE

© BED

S. R.

LEGEND

580

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PLANTS

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NOTE' SEC DETAILS A, C, D, I , E ON SHEET L9 FDR BED t. PLANTING DETAILS (TYP)

S. R.

NOTES' 1. ALL TREES SHOWN ARE EXISTING AND TD REMAIN UNLESS OTHERWISE NOTED. 2. ALL EXISTING PLANTS ON MEDIANS TD BE REMOVED AND REPLACED AS SHOWN UNLESS •THERVISE NOTED. 3. NO SUBSTITUTES OF PLANT MATERIAL BY CONTRACTOR

NOTE' A L L MEDIANS A R E WITHIN INDEX 5 4 6 - C L E A R SIGHT AREA

580

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S t a t e Road 580 L a n d s c a p e Plan | Approved Byi I Lynn Slves~

REV 05-08-14 Patg'j 04-14-5014

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NQTEi A L L MEDIANS ARE W I T H I N INDEX 5 4 6 - CLEAR SIGHT AREA m

S. R. 5 8 0

NOTES' t. ALL TREES SHOWN ARE EXISTING AND TO REMAIN UNLESS OTHERWISE NOTED. 2. ALL EXISTING PLANTS ON MEDIANS TO BE REMOVED AND REPLACED AS SHOWN UNLESS OTHERWISE NOTED. 3. NO SUBSTITUTES OF PLANT MATERIAL BY CONTRACTOR

NOTESEE DETAILS A, C, D, t. E DN SHEET L9 TOR BED PLANTING DETAILS CTYP)

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