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02/01/1996..�. ti.- , ��� � � �J � .�,:. � t r � CITY COMMfSSION MEETlNG Note:!'a�•�� Preliminary (Worksession) agenda and paperwork that was in package initially but then not continued on�o Thuxsday's agenda is at the back ot this a�enda pack. ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, February 1, 1996 - 6;00 P.M. - Chambers Welcorne. We are glad to have you join us. If you wish to speak please wait to be recognized, then state your name and addre� PPrsons speaking before the City Cornrnission on other than Public Hearing items shall be limited to 3 minutes. No person shall speak rnore than once on the same subject unless granted permission by the City Commission. ANY PERSON WITH A DISABILITY REC2UIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING, SHOULQ CALL 813/462-6684. 1. Invocation 2. Pledge of Allegiance 3. Service Awards 4. Introductions and Awards 5. Presentations 6. Approval of Minutes - Regular Meeting 1 !18/96 7. Citiiens to be heard re items not on the Agenda 1. Father Edward J. Mulligan, St. Brendan's Ca�holic Church. 2. Mayor. 3. None. 4. Proclamation: National Burn Awareness Week - 2/4-10/96. 5. None. 6. Approved as submitted. �ill Kirbas requested Commissioner Cla� k v��ork with County to resolve annexation of enclaves. ,lohn Dqran �hanked those involved for banners welcoming winter visitors. Requested some for the beach. Distributed "I live here, ask me" buttons. .lay RQSS requested the City sell the property on Island Estates. Louis Simmons complained re speeding ticket received on Clearwater Pass Bridge. ,�.Qy Cadwefl requested Ord. #301-7 be amended. PUBLIC HEARINGS All individuals speaking on public hearing items will be sworn-in. Not Before 6:00 P.M. Varcance & Rezoning public hearings: - Staff states and summarizes reasons for recornrnendation (2 minutes�. - Applicant presents case. Witness may be cross-examined (15 rninutes). - Staff presents further evidence. May be cross-examined (10 minutes�. - Public comment (3 minutes per speaker). - City Commission discussion, and may question any witness. - Applicant may call witnesses in rebuttal (5 minutes). - Conclusion by applicant 13 minutes). - Decision. 8. Variance(s) to Sign Regulations for property 8. located at 500 Cleveland St., Gould and Ewing's 1 st Addition, Blk 2, Lots 8& 9 (Church of Scientology, SV96-01) 2/1 /96 1 Approved a variance of 1 wall sign to allow 4 wall.signs subject to the property owner securing a permit for the 4th sign and removal of last line on sign #4 within 30 days of this public hearing. Administrative public hearings; - Presentation of issues by City staff. - Statement of case by applicant or representative (5 rninutes). - Commission questions. - Comments in suppo�t and in opposition (3 rninutes per speakeri. - Commission questions. - Final rebuttal by applicant or representative (5 rninutes). - Commission disposition � ��� (Cont. at 12/7/95) Public Hearing & First Reading Ord. #5942-95 - Arnending Sec. 35.11, to revise definintion for "De(icatessen"; amending Secs. 40.383 & 40.403 to revise the unit number and floor area requirements for restaurants in Hotels/Motels; amending Secs. 41.071 , 41.072 & 41.074 to provide for conditional use permits and accessory use designations #or certain types of alcoholic beverage uses (LDCA 95-21) Public Hearing & First Reading Ord. #5956- 95 - Amending Secs. 21.10 & 42.35 to provide for temporary storage of Recreational Vehicl�s for lodging purposes at the Harborview Center 9. Approved. Ord. #5942-95 passed 1 st read ing. 10. Approved. Ord. #5956-95 passed 1st reading. Public Hearing - Second Reading Ordinances 1 1. Ord. #5889-95 - LDCA amending Sec. 35,1 1 1 1. Ord. #5889-95 adopted. to define "vehicle sales"; amending Ch. 40 to add permitted uses in various zoning districts (LDCA 95-12) CITY MANAGER REPORTS CONSENT AGENDA (ltems #12-17) - Approved as subrnitted less #17. The following items require no forrnal public hear+ng and are subject to being approved in a single motion. However, any City Commissioner or the City Manager may rernove an itern frorn the Consent Agenda to allow discussion and voting on the item individual{y. 1 2. Work Order for Pasco Gas Sales Office & Operations Center Design to Post, Buckley, Schuh & Jern�gan, Inc., Tampa, FL, for an est. $59,100 (GAS) 13. Purchase 1,200 feet of 12 inch b{ack Polyethylene pipe (for Pasco River Crossing) frorn Consolidated Pipe and Supply, Birrningham, AL, at an est. 518,924 (GAS) 2!1 /96 2 t S { ! E I 14. Agreernents with: Golden Cougar Band Boosters, Inc., Clearwater High School Band Boosters, Inc., and Clearwater Neighborhood Housing Services, Inc, for parking of automobiles during Spring Training season of the Philadelphia Phillies for the period 3/1 /96-3/31 /96 (PR) 15. Purchase of misc. brass water fittings from B& H Sales, Sarasota, FL, for the period 2/2/96- 2/1/97, at an est. 5102,635.75 (PW) 16. Contract for Reservoir #1 - New Pump House to Oakhurst Construction Co., Inc., Serninole, FL, for S 199,932.66 fEN) 17. License Agreement with Alexandra of Clearwater Beach, Inc. (Steven and Lisa Chandler), for the period 4/1 /96-4/30/201 1, re Pier 60 Concession Stand at Pier 60 Park on Clearwater Beach (CM) - Approved with amendment. OTHER ITEMS ON CITY MANAGER REPORT 18. Vogel Development Agreement status (CP) 19. Landmark Drive extension 20. Construction Contract - Pier 60 Park, inclusive of Concession Building, Pavilion, covered Playground and Park amenities to Caladesi Construction Company, Largo, FL, for $1, 210,425; approve transfer of S 135,521 to the project code f�om the unappropriated retained earnings of the General Fund (ENj 21. Parking Space Utilization Agreements for Clearwate� Beach (CP) 22. First Reading Ord. #5982-96 - relating to false fire alarms; amending Sec. 5.25 to provide an alarm user 2 courtesy warnings and to require an a4arm user to pay an administrative fee of 522.50 for city's review of written evidence from a licensed alarm company that the alarm system causing a false a{arm has been inspected and repaired (FD1 23. Interlocaf Agreement with New Port Richey (NPR); accept Franchise OrdinancP 1388; and Res. #96-06 - Accepting the Franchise Privilege and Concession of the City of New Port Richey, Florida, for the purpose of furnishing gas within NPR and to its inhabitants, and approving the interlocal agrsement related thereto (GAS) 24. Suncoast Sailing Campaign request for funding 25. Direction re appealing Pinellas Planning Council (PPC) decision in Meador (Bayview) case 2/1 /96 3 18. No action, negotiations to continue, 19. Continued. 20. Approved. 21. Continued to 2/15/96. 22. Approved. Ord. #5982-96 passed 1 st readirig. 23. Approved; accepted; & Res. �#96-06 adopted. 24. Approved 55,000 grant; $5,000 match, 25. Directed no appeal. 26. 27. 28. 29. 30. 31. Airport Authority - 1 appointment (CLK) Desig� Review Board - 1 appointrnent (CLK1 Development Code Adjustment Board - 2 appointments (CLK1 Marine Advisory Board - 1 appointment (CLK) Histocic Preservation Board - 1 appointment (CLK1 Other Pending Matters 26. Reappointed Charles Silcox. 27. Appointed Alex Piisko. 28. Appointed Mark Jonnatti. Continued 2nd appointment. 29. Appointed William Wilhelm. 30. Appointed David Berry. 31 . None. C1TY ATTORNEY REPORTS 32. First Reading Ordinances a) Ord. #5957-96 - Vacating a portion of drainage & utility easement lying in Lot 1 53, Woodgate of Countryside Unit One (Rubins / Jacobs, V95-16) 33. Resolutions a) Res. #96-09 - Demolition Lien - 1003 LaSalle Street, Greenwood Manor, Lots 9 & 10 (Rooks) 34. Other City Attorney Items a) Requesting Arnold & Porter as outside counsel and Rice, Williams as consultants for cable negotiations with Time Warner & GTE 35. 36. 37. : 32. First Reading Ordinances a) Ord. #5957-96 passed 1 st reading. 33. Resolutions a) Res. #96-09 adopted. 34. Other City Attorney Items a) Approved. Attorney/Client Session for Atrium vs. Clearwater set for 3:30 p.m. on 2/15/96. City Manager Verbal Reports City Manager reported information is being gathered to respond to Commissioner Thomas' memo re David Grice's request for road closing in Plaza Park. Commission Discussion Items a► Review position re Restriping Drew Street - Opposed to restriping, letter to be sent to FDOT. Other Commission Action Berfield requested City Manager to repeat Worksession comments re Municipal Services Building. The City Manager related history of project and how size and open office plan determined. Reqeusted staff be allowed to move into the building before determining the building too small and open pian not a good work environnment. Ihomas expressed concern re complaints re speeding occuring due to grade of Clearwater Pass Bridge. Requested signs to be erected to warn of steep grade and that speed limit be the same at both ends of the bridge. Garvev announced start of Downtown Marketplace or. Saturdays, beginning 2/3/96 and Saturday in City event on 2/17/96. Adjournrnent - 10:20 p.m. 2/1 /96 4 :� ■ �. 1; �1 . ,; � , . CITY OF CLEARWATER Interdepartmental Correspondence TO: Mayor Garvey FROM: Saliy Thornas, Agenda Cterk SUBJECT: Invocation COPtES: Cynthia Goudeau, City Clerk DATE: February 1, 1996 , � ` �:�_ � Tonight's invocation wi11 be offered by Father Edward J. Mulligan, St, Brendan's Catho{ic Church, 245 Dory Passage, 34630 , � 4j 3 ;� :r: 1 TO: Mayor kita Garvey FR�M: Betty 3. Blunt, Confidential Clerk Receptionist COPIES: City Co:nmissioners, Betty Deptula, Cyndie Goudeau SUBJECT: Presentation at the February 1, 1996 City Commission meeting DATE: February 1, 1996 , � The following presentation will be made at the February 1, 1996 City Commission meeting, PROCLAMATION Burn Awareness Week - Jim Goodloe, City of Clear�vater Fire Marshal � � : -- -- - __.. _.. � .._•. . _. . . . � : .. . r. .• i .. ' . . � . ., . � • � lJa�� � :,. . ., • r � ,` . . ., ' K��� ^� .. 0 � r ,�I, R �� � � � ��,o Clearwater City Commission Agenda Cover Memorandum . � Item � Meeting Oete: �� SUBJECT: Variance to the Sign Regulations; 500 Cleveland St.; Church of Scientology (Owner/Applicantl; Jarnes Bond (Representative). (SV 96-011 RECQMMENDATIONIMOTION: Approve a variance of one waN sign to a{low four wall signs on property identified as Lots 8 and 9, Block 2, Gould & Ewing First Addition, for meeting Sec. 45.24 Standards for Approval, items (1)-(4�, subject to the foflowing condition: the property owner shali secure a permit for the fourth sign within 30 days of this public hearing. 0 and that the appropriate officials be authorized to execute same. BACKGROUN D: The appticant is requesting a variance of one wa11 sign to allow four wall signs. The subject property is located on the northeast cor�er of Cleveland St. and N. Fort Harrison Ave. and is in the lJrban Center Core zoning district. The variance is requested to permit the existing four wall signs to remain. Pertinent summary information is listed in the following table. Reviewed by: Originating Dept: Costs: f N/A Cartmission Actian: Legal N/A CENTRAL PERMITTING Total 0 Approved Budget N A �S ❑ Approved w/conditions Purchasing N!A $ D Denied Risk Mgmt. N/A User Dept� Current Fiscel Yr. CIS N " 0 Continued to: ACM Fu�ding Source: CRT ❑ Cepitat Imp. lldve�tised: � OperaCing Attachmet�ts: Date: � Other APPLICATION �;�ry Paper: Tampa Tribune VARIANCE WORKSHEET � Not Required MAPS Affeeted Parties ❑ None Suhsitted by: Appropriation Code: ����--- � Notified City Manag � ❑ Not Required � Printed on recycled paper lnformation Type of signs Location/orientation of sign Area Number of wall signs Existing Attached Clevefand St. 62.5 sq. ft. 0 Permitted Yes Yes 62.5 sq. ft.* 3 SV 96-01 Page 2 * The allowable area for attached signs in the Urban Center Core is 48 square feet. Additionally, a 50°lo bonus is available for properties with signs that are judged by the Downtown Sign Review Comrnittee to create a positive image for this district. The Committee approved a 30.2% area bonus for this property to allow signs oriented to Cleveland St. with an area of 62.5 square feet. Staff CommentslProposed Conditions: There are four wall signs on the front of this downtown building. Only three wall signs are permitted by code, however. Three of the four signs have permits from the City. The fourth sign, one of two 15 square foot plaques located at eye leve{ at each end of the building, was placed prematurely without a permit. The property owner is requesting a variance to allow the plaque to rernain. Existing conditions support approval of the requested variance. The building on which the signs are placed has been recently refurbished and restored. The applicant indicates the purpose for placing four signs is to accuratety finish the restoration effort. An early photograph of the building submitted as part of the variance application supports the applicant's position. It depicts signs on the front of the building substantially the same then as now. Furthermore, the signs reflect favorably upon the character of downtown Clearwater. In fact, the Downtown Sign Review Committee reviewed the signs for this building and determined they create a positive image for downtown. SURROUNDING LAND USES Direction Existing Land Uses North Offices South Offices and indoor retail East Indoor retail West Indoor retail The existence of four wall signs with an overall area of 62.5 square feet will create a positive image for downtown Clearwater. The signs will not divert attention from nearby land uses and will not d�tract from businesses that have conforming signs. ■ :., SV 96-01 Page 3 Apnlicable Variance Standards: To be eligible for a variance, a request musfi meet all four standards for variance approval. Based upon review and analysis of the information contained in the application, staff finds that the petitioner's request meets all of the standards. !n particular, the following standards do appear to be fully met: (1) There are special circurnstance5 related to the particular physical surroundings, shape or topographical conditions applicable to the land or buildings, and such circumstances are peculiar to such land or buildings and do not apply generally to the land or buildings in the applicable zoning district. (2) The strict application of the provisions of the code would deprive the applicant of the reasonable use of the land or buildings. (31 The variance is not based exclusively upon the desire for economic or other material gain by the applicant or owner. (4i The granting of the variance will be in harmony with the general purpose and intent of the land development code and comprehensive plan and will not be materially injurious to surrounding properties or otherwise detrimental to the public welfare. Relevant Previous Decisions by the Commission: There are no other relevant previous decisions. VARIANCE WORKSHEET - CASE NUIVIBER SV 96-01 STANDAiiDS POR VAEitd1NCE APPiiOVAl. STAFF FlND{Nt33 (1 � There e►e special circumstances related to the perticula� There are tour well signa on the front oi thls downtown physical surroundings, shepe or topogrephicel conditbns buliding. O�ly three wall signs ere permitted by code, eppltcebb to the land o� butWinga, ond such clrcumatances however. Three of the four signs have permits from the City. ere paculiar to auch land or bulfdings end do not epply The fourth aign, one of two 15 square foot piequet Icceted at generally to the land or bulidl�gs in the applicable zoning eye levei et eech end of the building, wes plaoed prematurely dbtrict, wlthout a permlt. Tho property owner la requesting e vertanoe to ellaw the plaque to remain. Exlating conditions support approvei of the requested verbnce. The building on which the �tgns era piaced has been racentty rnfutbhhed end restored. The applicant i�dicates the purpo*e for plecing four signs b to eocu�etely finish the restorstbn eTtort. An early photogreph oi the buliding submkted as pert of the verMnce epplicetion supporb the applicent's posttlon. It depicts algns on the f�ont of the building substentlelly the same than es now. Furthermore, the signs reilect fevorebly upon the cheracter of downtow� Clearwpter. in fact, the Downtown Sign Revlew Committee revkwed the signs for thts bullding and determined they creete e positive imege for downtown. (2) The strict epplicat(on of the p�ovhlona of the code woutd The eppltcant indtcetes tha purpose tor placing four aigns (s deprive the eppltcant of the reesoneble use of the lend o� to eocuretely finlsh the restoretlon etfort. An eerly buildl�gs, photog►eph of the bullding submitted as patt of the variance epplicatlon aupports the appllcant's positlon. It deplcts sign: on the tront of tt►e bullding subatentklly the seme then ea now. (3) Tha vaNanae Is not based excluafvely upon the desite to� The verlence request eppeers to satisiy thia condition. economic or ather meterial gein by tha e�pplicant or owner, (4l The gtant�ng of the verlance wii{ be in harmony wkh the The algn reguletio�s we�e adopted with the intent of ye�eral purpose end Intent of the land devebpment code end enhencing the vl�uel quelfty ot thn Ctty's streets end comprehenslve pian end wlll not be materlelly InJur(ous to (andscape In order to protect the velue of propertles end the surroundtng properties or otherwise detr(mental to the public well-being of the local toutlst orlentad economy. The weNere. grenting of th{s verfance appeers to be contistent with this intent. air�' , .� � , . . -��� � (� lq I - �,�0 CEI�TRAL PERNIITT'ING DEPART�VIEIVT 10 S. MISSOURI AVENUE CLEARWATER, FL 34616 SIGiV VARIANCE APPLICATIOIV SV# (�'�� PROPERTY OWNER�S) NAME & ADDRESS: REPRESENTATIVE(Sf (if any) NAME & ADDRESS: � � � � � • ► ;., ► � ...� : � — � TELEPNONE: (��3 L �1 - I�Z �• 4�'ZS ��� v F �H�T�-/ C� w�1�S�-� l P�5t� �1� ADDRESS OF SUBJECT PRG�PERTY: °5C�0 e-�--���-�° NAME OF BUSfl1lESS t IF APPLiCABLE): c-HU ' V �� • � •r_ r � ' � �s � - �-�, .,,, � � TELE ONE: 8 i3 6(- 1 ZB� �xT . 4-�Zg �,s ND �i'. Sc� �N tON1NG DISTRICT: UC - C- LAND USE CLASSIFICATION: � g� LAND AREA:. �� �q •� � LEGAL DESCRIPTION OF SUBJECT PROPERTY: �OULl7 �� t�.� t �.►C� t ('-� �DD �"�ro�l � c.'�-�-K 2� �or-s � � q PARCEL NUMBER: �O / 2- J �� ! 32Z� i 0o y- I C��'� (This information is available firorn your tax receipt or contact Pinellas Co. Property Appraiser's Office at 464-3207. If more than one parcel number, attach 8'/z x 71 inch sheet) DESCRIBE SURROUNDING USES OF PROPERTY: North: O� tCF South: ��� rA� t_ VARIANCE(S1 REaUEST: East: (�iA � l.- West: � Ti4� �..- -. � • r • • � • � • � ■ � v � �K a �- �\ r �, CONTINUED ON REVERSE SIDE 57ANDARDS FOR APPROVAL: A verience :hdl not be qrmnted by tt�e City Commisaion u�less tfie epplication nnd evidenc� � presented deaariy support the fo�lowin� concJusioR=: � ' � 1) Thera ere �peciai circumstences related to the particular phyaicai aurroundinos, ah�e or topoprephica! condidons e�pplicahle to tfie 18nd or buildings, end such circumstances ere paculi� to such land or buitdin�s end do not epply penerelfy to tfie land or buildinys i� tfie appiicable zonin� d�strict because �.� AQ�E ���� N�„ � N l sT0 � 1 C� I�(,� V A LU A�SL- � A s5E T '��_�l�l� C fi�%� �_C 21 The strict applicetio� of the prAVisions of the code would deprivs the npplicant of the reesonable use of the tand or btu'1d"�n�s because v� � tJ L ' Sl t�l)LD �_T}-t t S PC�'�QU 3) The variance i� not bas�ed axclusively upon e desire for economic or otheir materia� �ein by th� appGcent o► owner because - � F 1 T tS sr r�t PL�f �- �f�.Q I��DT i C I�� Sf�1'� �'� ��' ��i���--ll ( dt? S �) l Cr � I 1�l � 4) The Qrantin9 of the variance will be in harmony witt� the 9eneral purpose and intent of the land devebpment oode and compreher�sive plen and will not be meterielly injurious to surroundinq properties or ott�e�wise datrimentel to the pubic welfmre because ac- �[.2VE �.1T� �CCU�A�['g 1c�-'S'Ta�TJO7.l (,�Y�c-1� R�_ �-� �' � �-�� -L'.C�l���-`T�i tS .t�� 1 �- � 1 t�l C � N ,�,n �- � C c� �� r� P �-- t Fi �'�'"}�,f14?' S„Pr � t T• THIS SUBMISSION G1VES AN APPLiCANT TNE OPPORTUNITY TO REt1UEST THE VARIANCE AND APPEAR BEFORE THE CITY COMM{SSI�N AT A PUBLIC HEARING. FEES PAID ARE NON-REFUNDABLE REG S OF BOARD ACTiON. BY StGNING THIS DOCUMENT ! AM ACKNOWLEDGING THAT ALL �EES PA{D DO G NTEE APPRt}VAL OF iHiS APPUCATION. �� _ SIGlVATURE OF PROPERTY UWNER !OR REPRESBYY'ATNEI:, Swom to and subscribed before rne tfiis d by S es identificstion. 'l� � � n • of oomp�ny ff ��D-t �Z•ri. �'�-� A. D., 19 1� S� �, who is personelly known to me andlor has produced STATE OF FL.ORIDA, COUNTY OF � re �� a 5 `TJ cl � -1-�. �/11c. t/1 e � `��� — lNeme of Notary typed, printed or stamped) Commission No. �C y� I 31 g ,��v,r P�� JUOITH I�tAR1� FONTANA � �� COMMIS3iON A CC 411318 � Exp�R�BO►�o�-�n � �fl8 ` UF F�� ATl-I1NT�C BONDINO C0., INC. NOTE: �ROPERTY OWNER OR REPRESENTATIVE MU ATTEND HEARING. POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: � ��� ;, � . J�MES BOND is hereby granted POWER OF ATTORNEY regarding all affairs specific to the sign variance for the Clearwater Building . � . ��� � DATED this ��day of � 8�+�- � , 1995 . 1 � The foregoing instrument was acknowled ed before me this �"'� day of /'�1 � J�.�h c� , 1 9 9 5, b y `�iG'�teS C3otti , who is ersonall y known to me or who has produced � as identi�ication and who did /did not ✓� take an oath. ?� � � , . �� ��, . Print�AJ�ame: �� � �. VY1cc vi � �9k`f-�..ts� Notary Public State of Florida at Large My Commission Expires: _�' �`�� � 3�� Commission No: p�'�' 3i 19°! 8" ir , �t Y P� JUOITH MAFiIE FONTANA (Seal) _�� ��� �pr,�MlSSioN N CC 411318 �XP1R6s OCT 3.�998 � eoNOeo T►+au ��oF F��' An�Knc eoNaNC� co., iNC. .� ;; :. � � � ��i . �r . ,� � • , .,�.: Summary for Clearwater Bank Building Sign Variance We have a variance request that asks for four signs where three are allowed. � The point to keep in mind was that in 1918 that code did not exist. The building had four signs on it then, we only want to remain faithful to reproducing the 1918 look of the building. As can be seen frorn the photographs, two brass plaques can be seen on either side of the front entrance. This request is to allow for the rernaining brass plaque bringing the total signs to number four. Additionally per Section 44.54 Sign bonus provisions; temporary signs - we are allowed a 50% bonus on ma�atmurn allowable area for "use of classic or his- toric design or style". This brings us into compliance on area of signs. We are proud of the restorations on the Bank Building. We hope the purpose of the historic plaque is obvious and only adds to the bea�.;�ty of downtown. /� � Since , / , �� ��� James Bond Owners Representative ,. . �.:_: , �, t . .1, - �{, - Y , �, r . � ��� �.� 4 t ,�`y �.t }. c�. *. v+q ��PY.�sis�-ir��t��.t�.q r,;s c''s� E �f„ ..i.� f k i= .z ��, ".;s'p�i �. + � '. ,F .r,� F`+ `'^' �..xfi �.�.hra� .2� ��.a .... ., ',...r .. :r,z-%+ . / - 3 � "� � . ' T� ,.���,,.. � �'`.,:� . � FeT t t -ns �1 ., �:�.. ? � : ,_r..:�.... .. . �`. ,�m�i *m��*m* } +' r s� � 4 vp . � '- t � i ' I z �f4, : �, {, 1 � R? � ,.« .. � , . . ... . ,_. .� . � ...�w.� , �-. 8 __— .� .. :..i:,� ....:,, � r.: ..- �.. .i: .. . �� -s.�::. , .. 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SlGiN VARIAIVC� REUUES'� ' NAI�AE: � S:HtJRCN QF S�IENTOLOGY FLAG SERVi�E 4RGAN/ZATFON. /NC. / BONA SV ��6-Q1 PUBLIC HFARING DATE : FEBRUARY 1, 1995 ATl.AS PAGE: �6B SEC: � TWP: ,�,� S RGE: �,�, E CLEARWA'�ER CfT'Y Cd�IUINM13810N G `M l �`�� s _ � 9 ` �� � � � Clearwater City .Coinm.ission Agenda Cover Memorandum ltem # Meeti�g Date: . �� I � i� SUBJECT: Aicoholic Beverage Ordinance Revisions (LDCA 95-21) . -- RECOMMENDATION/MOTION: Approve the recommended changes to the "alcoholic beverage ordinances" and pass Ordinance No. 5942-95 on �first reading. ❑ end that the aRpropriate officials be authorized to execute same. SUMM/�RY: The City Cornrnission has requested that the staff bring forward recommended modifications to the alcoholic beverage regulations that were adopted in January 1995. Staff has prepared the following ordinance in response to that direction. The ordinance addresses the following issues: ► Elirnination of the "cap" on percent of floor area that can be considered as a conditional use by the Pl�nning and Zoning Board. Our current code requirements establish a relatively small percentage range which the Planning and Zoning Board can consider for aliowing alco��olic beverage uses in certain types of uses (e.g., shopping centers and retail complexes). This has created considerable d'+fficulties in processing applications for these types of uses which exceed the "caps." ?he attached language provides extremely stringent supplementary standards for approval for all uses that exceed the "cap." ► Revisions to the definition of "delicatessen." ► Additional revisions in keeping with Commission direction on January 4, 1996, addressing Planning and Zoning Board and property owner concerns. These changes will result in our code "rneshing" with State requirements for 4-COP-S �hotel/motel) and 4-COP-SRX (large restaurant) alcoholic beverage licenses. ► The Planning and Zoning Board has unanimously recommended adoption of this ordinance on November 14, 1995. While they have not seen the specific lanc�uage associated with the January 4 Commission direction, they were �dvised of it on January 9, 1996; the Board members expressed satisfaction with these changes. Reviewed by: < Originatirtq Dept: Costs= S t!!A Caamission Action: Legal �� J CENT ITTING . Total ❑ Approved B�etlget N/A • O Approved W/conditions Purchasing N/A $ Risk Mgmt. N/A Current Fiscal Yr. � Denied CIS N A �ser Dept: ❑ Continued to: ACM �_� Ftnding Source: Other N/A C] Capital Imp. Advertised: � Operating Attachments: Date: � Other ORDINANCE N0. 5942-95� � Paper: }� � Not Required Su6a�itted by: Affected Parties /�ppropri�tion Code- ❑ Notified � � Not Required �1 None City ager � Printed on recycled p�per ���1\:� \• •. • AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 35.11, CODE OF ORDINANCES, TO REVISE THE DEFINITI�N FOR "DELICATESSEN; " AMENDING SECTIONS 40.383 AND 40.403, CODE OF OR.DINANCES, TO REVISE THE UNIT NUMBER AND FLOOR AREA REQUIREMENTS FOR RESTAURANTS IN HOTELS/MOTELS; AMENDING SECTIONS 41.071, 41.072 AND 41.074, CODE OF ORDINANCES, TO PROVIDE FOR CONDITIONAL USE PERMITS AND ACCESSORY USE DESIGNATIONS FOR CERTAIN TYPES OF ALCOH�LIC BEVE�AGE USES; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Sec;tio�. Section 35.1 l, Code of Ordinances, is amended to read: Sec. 35.11. Defi�nitions. 1'he following words, terms and phrases, when used in this development code, shall have the rneanings ascribed to thern in this section, except where the context clearly indicates a different rneaning: * * * * * �' '� ��',� .� i��'� � � �� �- • ��,� � �.� � �•,-� ��'�_ �z= ' . .� .�� � �' � -�. -� � , ��.� '�� ���� � � . �. � ��.� '�� _ - � -�. -.� . �- � �� • �' ���' .�� �-�- � � r ,' '� � •� s �� • -�� �� �i� �� �• � �i � '�� ��Y.��� �� � � �-.� �, �,- � �•� . � �• 1� �'�� •� �� �� � �' ���. �•� '.n � �'1.r �, � .�� � i' �� • �.! _: _ , � � ' -: ' ..�� . . . .- - : . : : -:. •. .- : : •.. * �k * * * �ction 2. Sections 40.383 and 40.403, Code of Ordinances, are amended to read: * * * * * ■ m Sec. 40.383. Permitted uscs. Within r�sort commercial 24 districts, only the following uses and stiuctures designed for such uses shall be permitted: * * * * * (4) Restaurants, when conducted as a principal use or as a use within a retail complex, shopping center, or hoteUmotel containing �Q, � or more �i �ea�s. A restaurant containing not less than �,�.QQ ��88 square feet of gmss floor area shall be pern�itted in a hoteUmotel containing less than �0 units �8-�ees�s. See section 40.384 �6:-�83 for exceptions; * * * * * Sec. 40.403. Permitted uses. Within rasort comme�ial 28 districts, oaly the fallowing uses and stiuctures designed for such uses shall be permitted: * � * * * (5) Restaurants, when conducted as a principal use or as a use within a retail complex, shopping center, or hoteUmotel containing SQ �A or more n�' �ee�s. A restaurant containing not less than 2•500 339A square feet of gmss floor area shall be permitted in a hoteUmotel containing less than 0 uni �8A-�ee�s. S�tion 40.404 for exceptions; * * * * � ti n 3. Sections 41.071, 41.072 and 41.074, Code of Ordinances, are amended to read: Sec. 4�.071. Purpose; aPPlicability and apprnval proc�. (1) Purpose. It is the purpose of this article to specify the applicable approval procedures for a�ny new, change of location, expansion of alcoholic beverage sales area, change of business ownership, or change in type of use for alcoholic beverage sales uses within the city. The requirements of this article supplement chapter 6 and all a.gplicable provisions of state law. (2) Applicability and approval process. (a) For permitted uses. 1. Restaurants. A freestanding restaurant meeting the definidon of "restaurant" in section 35.1 and allowed as a permitted use in the applicable zoning dist,rict shall aot be required 2 to obtain conditional use permit approval for any new, change of �ucation, expansion of aicoholic beverage sales area, or change of business ownership regardless of whether the restaurant serves alcoholic beverages. Restaurants located in retail cornplexes, shopping centers, and hotelslmotels shall be governed by the provisions of subsections 2. and (b) below. 2. Accessory uses. Alcoholic beverage sales establishrnents, including restaurants, nightclubs, tavems and bars, and package sales uses may be considened a�ccessory uses under certain circumstances as specified in section 41.072, In such cases, no conditional use permit shall Ue requimad for any new, change of location, expansion of alcoholic beverage sales ama, or change of business ownership for these uses. (b) For conditional uses. For restaucants, nightclubs, tavems and bars, and package sales uses not classified as permitted uses, a conditional use pernut shall be required for any new, change of location, expansion of alcoholic beverage sales area, or change of business ownership involving these uses subject to the applicable general or supplementary conditional use permit standards. For restaurants, nightclubs, taverns and bars, and package sales uses that may otherwise qualify as accessory uses under section 41.072 but exceed the floor area limitations of that section, the following provisions apply: l. Package sales uses located in freestanding retail establishments containing a minirnum gross floor area of 25,000 square feet that exceed the five percent cumula�ive floor a.rea lirnitation may be allowed upon approval of a conditional use permit by the planning and zoning board subject to the general and suppleinentary standards of approval as other package sales uses, 2. Restaurants, nightclubs, tavems an.d bars, and package sales uses located in a netail complex and cumulatively occupying Qv�r 10 �ercent of the gross floor area of the retail complex may be allowed upon issuance of a conditional use pernut by the planning and zoaing board subject to the general and supplementary standards of approval for nightclubs, tavems and bars (for restaurant or nightclub, tavem and bar uses) or for package 5ales (for package sales uses). 3. Restaurants, nightclubs, tavems and bars, aad package sales uses located in a shopping center and cumulatively occupying ovep 1,� _vercent of the gross floox area of the shopping ceater may be allowed upon issuance of a condit�onal use permit by the planning and zoning board subject to the general aad supplementary standards of approval fvr nightclubs, taverns and bars (for restaurant or nightclub, tavern and bar uses) or for package sales (for package sales uses). 4, Nightclubs, t�►verns and bars, and package sales uses located in hotels/motels containing a minimurn of 5Q � units and cumulatively occupying over 15 �rcent be��veea-�-S �8�eer�E of the percent of the gross floor area of the hoteUmotel rnay be allowed upon issuance of a conditional use permit by the planning and zoning board subject to the general and supplementary standards of approval for the applicable use. 3 0 Sec. 41.072. Accessory us�s. * * * * * (4) Nightclubs, taverns and bars and package sales uses located in hotels/motels containing � a m'uumum of �Q �88 units may be consider�d accessory uses if the cumulative floor area devoted to al.l such uses in the hoteUmotel does not exceed 15 percent of the gross floor area of . the hoteUmotel.. * * * � * �s C� � � � b�iA � � u O � � � s � � � � NV � � � � � � O N � V � � � � � � � a � � � � , � � � =' a v v a a a a a :� �il: � ��. �� �� � V V V n t1 t` C` V U � a v a a a �o. a V V U U t� C? V C� c.? c� a a a a` `a a = V t� C� V C� V C� t� t� n. a a a a a v a��. v v a a a a a v a v v a a a a a M �, , : � , c� v v a o- a a a �' N V � � �. 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The provisions of this ordinance are found and det�rmined to be consistent with the City of Clearwater Comprehensive Pian. i n 4. This ordinance shai{ take effect irnmediatety upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READItVG AND ADOPTED Rita Garvey Mayor-Commissioner Approved as to form and legai sufficiency: t � - ,.�. amela Akin ' -- City Attorney �� - .,:�,:.� ... ... _ . _ Attest: Cynthia E. Goudeau City Clerk S�" ��I, � Q 9�'�. ��04 �r� Item # • Meeting Date: C � �} Clearwater City Commisslon ��� Agenda Cover Memorandum •���� SUBJECT: City Code Amendment - Recreational Vehicle Parking at the Harborview Center. RECOMMENDATION/MOTION: Approve code amendment and pass on first reading Ordinance No. 5956-95. ❑ and that the appropriate officiats be authorized to execute same. BACKGROUND: ► Some exhibitors at Harborview craft shows will want to temporarily "lodge" in their recreational vehicles for the duration of the craft shaw, typically two or three days. ► ► City staff has determined that such fodging, on the anticipated limited scaie, creates no public safety or appearance concerns. Staff recommends approval of this ordinance; prior to final adoption, the Harborview Center and City staffs will develop a parking rnanagement plan for these vehicles for Cornmission approval. ► The Planning and Zoning Board approved this ordinance (6-1) at its meeting of January 9, 1996, with a number of changes (all of which have been included in the a�tached ordinance), and with the understanding that, prior to final adoption of the ordinance by the City Commission, the Board would have an opportun�ty to revi�w and cornrnent on the parking rnanagement p{an, with those comments forwarded to the Comrnission for consideration. Reviewed by: OriginatirLq Dept: Costs_ S N/I► Caamission Action: Legal } CENTRAL E ITTING Total ❑ Approved eudget NIA D Approved w/conditions Purchasing N/A $ Risk Mgmt. N/A Current Fiscal Yr. � Denied CIS N A User Dept: ❑ Continued to; ACM � Funding �ource. ❑ Capital Imp. Advertiscd: 0 Operating Attechments: Date: � Cther ORDINANCE N0. 5956-95 ,�� Paper: TAMPA TRIBUNE �` � CI Not Required 5t�itted by: Affected Pn�ties � None City Manager ,�� ❑ Notified Appropri•atio� Code: � Not Required �i� P�inted on recycled paper �� � ►:��� • •.. •. AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA; AMENDING SECTIONS 21.10 AND 42.35, CODE OF ORDINANCES, TO PROVIDE FOR THE TEMPORARY STORAGE OF RECREATIONAL VEHfCLES FOR LUDGiNG PURPOSES AT THE HARBORVIEW CENTER; PROVIDING AN EFFECTiVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: �ection 1, Section 21.10, Code of Ordinances, is amended to read: Sec. 21.10. Ladging in vehicles. �- . .- . . ...- . . _.. . .. - . .. - . - . - . . -- . . .. . . . . ._ . � • • � • � •�- - � -� -• •1- '! C 'b -11�-l. • � • �. -• . •- • j. -� � � 1 -• • � •.1. 1• C_ 1 1" • • � . . - .1 • .l� 1• i' j. ��� - -� - 1 _ � � •.1 : � 1 t " .• �-� • � � �- ��.�.•-��-� • �- .�. ��� - � -� - ,�� �- � •�j •� • � • -, iz - .�! ► 1 1- -�• - �- ll �l • !' 1/-t.�-��-� • �-1��1 �l • •- -•-- � 1" � •llll •l See ion . Sec6on 42.35, Code of Ordinances, is amended to read: Sec. 42.35. Uses involving vehicles. . - . - .- . .- -. . . -. . . . - --. .. •. - . . • -• _�.. -• - . - •_ .�• _ �- �t. -� � • �I�t � ! l-1.1• C 1 t" i�. ��1. _ _1•.!! /! 1" ■-.Il�\ "♦ "t " l � � �.� � � 1 1 ' .• �-• � i � �- ��.�.�-��-� • �- _.���� -� -� - _�� 1' � •Ill� •1 • 1- 1 � -•\� - -1� � 1 1' ".• " •-111 •1 • 1' 11-1-•-��-� • �- ■-1�.�� '. '1' -1� . �- -�-- • 1" � •llll •i * S,.gs, io 3. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive P1an. Sec ion 4. This ordinance shal{ take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Countersigned: Rita Garvey, Mayor-Commissioner Approved as to form and legal sufficiency: � . , . ; � - �" Leslie Dougall-Sid s Asst. City Attomey CITY OF CLEARWATER, FLORIDA By: Elizabeth M. Deptula, City Manager Attest: Cynthia E. Goudeau, City Clerk � � — � �� � JAN-31-1996 16 � 26 FRQM PLAI�IJ I NG & DEUE!_OPf�FN(' TO C I TY MANAC�R P. 0Q . �R��� �E����� �.�.ES �oR �c�,��o�v.� ��rcr,� p�u�nv� �e C�tty oi Clearwater and mo�nagem�z�t o� Che Fi�rboz'vie� Center o�ger, for the convenie�Ce o� �iarboz�riew Center exhibitors, 13mi.ted overnight pa�'k��g of exhibitor r�creational veh�,cles. A,7.1 parkiag og xecXeatio�al vehicles must comply wi�h the tollowing rule�. ������.Y Only exhib:�tax�s authorized bX the HaxbozvieK Center maaagemenG rn�.y avail themse�.ves o� this recreational vehicle parking privi�ege. Parking �.g �imited to a total o! 10 recreational veh�.cle� at �ny or�e time . . � ;_ �II • _� _ 1� � .�s � • : � � - Racreationa3 vehiclea may b� parked in designated areas a� th� lowex Gity H311 parking lot. � - �_ • .. �tecreationai vehiCl�$ meeCi�g weight and size requiremente ma.X be paxked in des igaat�d ar�a� in tk�e "deck„ park�.ag area a� �he Ha�barvie� Center. A,uthorize�i exhibito�� are allaw�d �o recreational veY��c�es the day preceding th arlc� muet r�rnov� the vehiGles �0 1atQr than of the exhibit. F���uxe to complx with t�i. ia the towing o� �hQ recreation�l vek�iale a . _� ove�ight park thaiz Q opQaing vf tha exh�b�,t the d.ay a�tex the ciose s requiremeat may reeult t the owner' e e.�rpense . No s�rvices (electrical, �v�,tQr, restrooms, showe�s, pump-out, etc .� are available at any parking locatiian. TX��S Q�„ VFj�� JF� OnLy =eareatiaaal vehiclest, tra�rel trai�exs, c�.t�pars or like uni�8 sb�l� be allowed to crrernight paxk ir� thesa e�ac��ied locatione; onLy vehiGies intenc��d �o be accu�ied dux�x�g th� overnight period s�aXl be etored at th� a�qve locations. No vehicle longer tX�aa 35 �eet ehall be stored a�t the above locat�,one. All �tored vehicles ahall be in good work�tng order. , �'` « , JAN-31-1996 16s2? FRQ1 - � � � �- a ■ _ EI�tER.AL _�QNDUCT The �ollowing a�s� prohibited at parkfng locationg: r ► ► ► r ► r Outdoar dining Outdoor clotheeX�nes Use ot tents or othe�r outdoor starage Camptires or any other aort o� ope� �ire Repair or aezv�.ciag of vehiclea Coneu�rpt ion of alcohol f c beveragea Littering t � �V � CI TY h�J'�C£R P. 03 �ILI.ABILITY' . - � p�rticipas�,t8 will be required to ex�cate a reLease fazm regarding geraonal injury or damage to tk�e vehicle or any personalt� contained thertin and/or any other agreement that the Cf.ty Risk Management �epartment deems neceesai-lr to protsct the City o� G�.earwatex ar�d the Harborview Center �rom 3.iabili�X claims. The City of C�.e�axwatex and the management of the Ha►rborvi�w Cen��r x�esez�ves the right to require cam�liance with t�ese rule� az�d to xequire the r�mcv�l of ax�y veh�.cle whosQ ownez (a) are not in compiiaac�. Lo$s o� exhibitor privileg�s ar� another cox�aequence af failuxe to comply with theea ru1e�. 0 0 0 ��r . .,. . _ . '7. �.. l . . � ' • .� � U � ; i , i i � . . 3 . . i . . , j � ���� �� .� Ll bC � � � , . ORDINANCE NO. 5889-95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 35.11, CODE OF ORDINANCES, T4 DEFINE °VEHICLE SALES," AND AMENDING CHAP'I'ERS 40 AND 41 TO CLARIFY THE PERMITTED USES IN SECTIONS 40.163, 40.164, 40.183, 40.184, 40.203, 40.204, 40.223, 40.224, 40.283, 40.284, 40.285, 40,303, 40.304, 40.305, 40.323, 40.324, 40.343, 40.344, 40.345, 40.364, 40.365, 40.366, 40,383, 40.384, 40.385, 40.403, 40.404, 40.405, 40.423, 40.424, 40.425, 40.433, 40.434, 40.435, 40.443, 40.444, 40. 445 , 40.463, 40.464, 40.473, 40.474, 40.475 , 40. 504, 40.523, 40.524, 40.543, 40.544, 40.545, 40.563, 40.564, 41.053, AND 41.161, CODE OF ORDINANCES, TO MAKE THE FOLLOWING USES PERMITTED WITHIN THE FOLLOWING DISTRICTS: ADULT DAY C'ARE WITHIN LIMITED OFFICE, GENERAL OFFICE AND PUBLIC/SEMIPUBLIC DISTRICTS, ART GALLERIES/STUDIOS WITHIN LIMITED OFFICE, GENERAL OFFICE AND NEIGHBORHOOD COMMERCIAL DISTRICTS, BUSINESS SERVICES WITHIN NEIGHBORHOOD COMMERCIAL, DOWNTOWN/MIXED USE AND RESEARCH, DEVELOPMENT AND OFFICE PARK DI5TRICTS, COMMERCIAL OR TR,ADE SCHOOLS WITHIN LIMITED OFFICE, GENERAL OFFICE AND COMMERCIAL CENTER DISTRICTS, COMMERCIAL PARKING LOTS WITHIN BEACH COMMERCIAL, RESORT COMMERCIAL 24, RESORT COMMERCIAL 28 AND PUBLIC/SEMIPUBLIC DISTRICTS, DETACHED SINGLE-F�IMILY DWELLINGS WITHIN DOWNTOWN/MIxED USE DISTRICTS, HOTELS/MOTELS WITHIN RESEARCH, DEVELOPMENT AND OFFICE PARK DISTRICTS, MULTIPLE FAMILY DWEI�LINGS WITHIN BEACH COMMERCIAL DISTRICTS, NURSING HOMES WITHIN MULTIPLE FAMILY RESIDENTIAL 16, MULTIPLE FAMILY RESIDENTIAL 20, MULTIPLE FAM7LY RESIDENTIAL 24, MULTIPLE FAMIL� RESIDENTIAL 28, LIMITED OFFICE, GENERAL OFFICE, AND PUBLIC/SEMIPUBLIC DISTRICTS, PERSONAL SERVICES WITHIN RESEARCH, DBVELOPMENT AND OFFICE PARK AND DOWNTOWN/MIXED USE DISTRICTS, RESTAURANTS WITHIN RESEARCH, DEVELOPMENT AND OFFICE PARK DISTRICTS, RESTAURANTS, INDOOR RETAIL SALES AND CONCESSIONS IN CONJUNCTION WITH GOLF COURSES AND RECREATIONAL COMPLExES, AND USES OF PUBLIC LAND AND FACILITIES APPROVED BY THE CITY COMMISSION WITHIN OPEN SPACE/RECREATION DISTRICTS, TOWNHOUSES, TWO FAMILY DWELLINGS AND THREE FAMILY DWELLINGS WITHIN DOWNTOWN/MIXED USE DISTRICTS, AND TRANSPORTATION STATIONS WITHIN GENERAL CQMMERCIAL, HIGHWAY COMMERCIAL, INFILL COMMERCIAL, DOWNTOWN/MIXED USE, AND PUBLIC/SEMIPUBLIC DISTRICTS; TO MAKE B�D AND BREAKFAST INNS A CONDITIONAL USE WITHIN DOWNTOWN/MIXED USE DISTRICTS; TO MAKE OUTDOOR RETAIL SALES, DISPLAYS AND/OR STORAGE A CONDI'�IONAL USE WITHIN NEIGHBORHUOD COMMERCIAL DISTRICTS; TO MAKE CHILD DAY CARE A CONDITIONAL USE WITHIN GENERAL COMMERCIAL AND HIGHWAY COMMERCIAL DISTRICTS; TO MAKE HQME OCCUPATIONS PERMITTED WHERE FOUR OR MORE EMPLOYEES ARE INVOLVED AND THE OCCUPATION IS A SERVICE CONDUCTED AWAY FROM THE HOME; PR4VIDING AN EFFECTIVE DATE. BE IT ORDAINED BX THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Sections 35.11, 40.163, 40.164, 40.183, 40.184, 40.203, 40.204, 40.223, 40.224, 40.283, 40.284, 40.285, 40.303, 40.304, 40.305, 40.323, 40.324, 40.343, 40.344, 40.345, 40.364, 40.365, 40.366, 40.383, 40.384, 40.385, 40.403, 40.404, 40.405, 40.423, 40.424, 40.425, 40.433, 40.434, 40.4�5, 40.443, 40.444, 40.445, 40.463, 40.464, 40.473, 40.474, 40.475, 40.504, 40.523, 40.524, 40.543, 40.544, 40.545, 40.563, 40.564, 41.053, and 41.161, Code of Ordinances, are amended to read: Sec. 35.11. Definitions. * * * * * Outdoor retail sales, displays and/or storage means any use of property which involves the sale, leasing, display or storage of commodities, goods, materials or equipment in a location other than in an ericlosed building. This term shall exclude vehicle sales, which is separatelv defined. * x� � * � Vehzcle sales means a business or commercial activity invulving the displa�r or sale of automobiles, trucks boats and marine vessels, recreation�l vehicles, heavv equinrrient, mobile homes, and like vehicular or transport mechanisms_ 2 � � , �' * * * * * Sec. 40.163. Permitted uses. Within multiple-family residential 16 districts, only the following uses and structures designed for such uses shall be permitted: * * * * * (8) Nursin� homes; • � es- � Accessory. uses. Sec. 40.164. Conditional uses. Within multiple-farnily residential 16 districts, the following uses may be allowed as conditional uses: * * �: * * ; (Sb) Utility facilitiesi.- �G�) Bed and breakfast inns. * * * * � Sec. 40.183. Permitted uses. Within rnultiple-family residential 20 districts, only the following uses and structures designed for such uses shall be permitted: * * * * * (8) NursinQ homes; es- � Accesso_ry uses• Sec. 40.184. Conditional uses. Within rnultiple-family residential 20 districts, the following uses may be allowed as conditional uses: 3 � �.. _ �. �. � �� * * * * * � �56) Utility facilitiesi- �G�) Bed and breakfast inns. * * * * * Sec. 40.203. Permitted uses. Within multiple-farnily r.esidential 24 districts, only the following uses and structures designed for such uses shall be permitted: * * * * * (8) Nursing homes; �e�se�ses- � Accessorv uses. Sec. 40.204. Conditional uses. Within multiple-family residential 24 districts, the following uses may be allowed as conditional uses: * � * * * > (Sg) Utility facilities;-. �G�) Bed and breakfast inns, * * * * * Sec. 40.223. Fermitted uses. � Within multiple-family residential 28 districts, only the following uses and structures designed for such uses shall be permitted; * * * * * (S) Nursin� homes; "^�°��ses- 4 � � Accessorv uses. Sec. 40.224. Conditional uses. Within multiple-family residential 28 districts, the following uses may be allowed as conditional uses: * * * * * ; (Sg) Utility facilitiesi.- (.6�) Bed and breakfast iruls, � * * * * Sec. 40.283. Perrn�tted uses. Within limited offic�� districts, only the following uses and structures designed %r such uses sball be pertnitted: * :� * * * (10) Nursi� homes; zhe�e�sa��ses- � Cornrnercial or trade schools; � Art �alleries/studios; � Adult dav care; � Aecessorv uses. Sec, 40.284. Conditional uses. Within limited ofiice districts, the following uses may be allowed as conditional uses: * * * * * ; �G�) Child day care; �� ■: f�t— r�,.�,,,,o..�:,� �.. ,....ao_„�w���„. � (79) Noncommercial parking; ��8) Residential shelters; � (9-�) Utility facilities; (1l�3)Personal services, . . .�...�. �:,.,.�:.:,�� Sec. 40.285. LJse limitations. The following use limitations shall apply to lirnited off'tce districts: * * * * * � Commercial and trade schools shall have all instructional areas within an enclosed building and all teaching shall be conducted indoors. � Art galleries/studios shall have all activities conducted indoors. (108) Accessory uses shall comply with all terms contained in section 41.121. (119) All uses, whether permitted, conditional or nonconforrning, shall be conducted in consonance with the use standards contained in sections 42.22, 42.31, 42.32 and 42.35. � � � � � Sec. 40.303. Permit4ed uses. Within general office districts, only the following uses and structures designed for such uses shall be permitted: * * * * * (6) Nursin�homes; �E1�eees�e�;�-�:�ses- � Cornrnercial or trade schools; C� ;■ � ; � � ; s ; `�' � Art galleries/studios; Adult da�care; 1�0,� Accesso ,r�uses. Sec. 40.�04. Conditional uses. Within general of�ce districCs, the following uses may be allowed as conditional uses: (1) Veterinary offices; ; (23) Child day care; ; ��} Noncommercial parking; ; (_4�) Utility facilitiesi.- �S) Personal services. Sec. 40.305. Use limitations. The following use limitations shall apply to general of�ce districts: � * * * * � Commercial and trade schools shall have all instructional areas within an enclosed buildin� and all teaching shall be conducted indoors. � Art g,alleries/studios shall have all activities conducted indoors. (53) Accessory uses shall cornply with all terms contained in section 41.121. �G4) All uses, whether permitted, conditional or nonconforming, shall be conducted in consonance with the use standards contained in sections 42.22, 42.31, 42.32 and 42.35 . 7 :, �� * Sec. 40.323. Permitted uses. * * * � Within neighborhood commercial districts, only the following uses and structures designed for such uses shall be permitted: * * * * * (15) Business services; , ' 16 Art �alleries/studios; �1,7� Accessor� uses, includin� certain alc�holic beverage sales uses as specified in sections 41.071 and 41.072. Sec. 40.324. Conditional uses. Within neighborhood commercial districts, the following uses rnay be allowed as conditional uses: ; (1�) Restaurants serving alcoholic beverages located within 200 feet of a church or a school or with outdoor seating where the service area is located within 200 feet of a residential zone; (23) Package alcoholic beverage sales (package saYes); (_34) Level I group care; �4�) Level II group care; ��) ��) (�$) CS�) L�vel III group care; Congregate care; Child day care; Veterinary of�ces; (9�A) Residential shelters; : �: .. � (1�)Noncommercial parking; 11-�)Utility facilities;,- 12�3)Adult day carei- � Outdoor retail sales, displays and/or stora�e. * � * * * Sec. 40.364. Permitted uses. VVithin beach commercial districts, only the following uses and structures designed for such uses shall be permitted; * * * * * ` • �. , . . � . � : - .- : -� . (10) Art gallerieslstudios;,.- �11� Multiple-familv dwellin�s; � Accessorv uses, including certain alcoholic bevera�e sales uses as specified in sections 41.071 and 41.072. Sec. 4U.365. Conditional uses. Within beach commercial districts, the following uses may be allowed as conditional uses; (1) Outdoor commercial recreation/entertainment; (2) Nightclubs, taverns and bars; (3) Package alcoholic beverage sales (package sales); (4) . Marina facilities; ; `56) Vehicle service; � �G�) Video/electronic game rooms; (7$) Veterinary of�ces; �89) Utility facilitiesi.- L9-�8) Restaurants serving alcoholic beverages l�cated within 200 feet of a church or a school or with outdoor seating where the service area is located within 200 feet of a residential zone. Sec. 40.366. Use limitations. The following use limitations. shall aPply to beach commercial districts: * * * � * � Commercial parkin� lots sha11 not have spaces available for rent that are required bv this development code to serve a use operating_ at the same time as the commercial parkin� 1ot• �54) Accessory uses shall comply with all terrns contained in section 41.121. �G�) All uses, whether permitted, conditional or nonconforming, shall be conducted in consonance with the use standards contained in sections 42.22, 42.31, 42.32 and 42.35. � * * � * Sec. 40.383. Permitted uses. Within resort commercial 24 districts, only the following uses and structures designed for such uses shall be permitted: * * * � * � • �, � � : �.: -: : :- . � . � : • : -� : . (11) Art galleries/studiosi: � AccessorY uses, includin� certain alcoholic beverage sales uses as specified in sections 41.071 and 41.072. Sec. 40.38�. Conditional uses. 10 i � � � � � � ; 1� � 4 � L F 1 fy' i Within resort commercial 24 dist.ricts, the following uses rnay be allowed as conditional uses: (1) C2) (3) Businesslprofessional of�ces which serve the tourist; Nightclubs, taverns and bars; Package alcoholic beverage sales (package sales); . ,�. ��:.::.::,�.�,. , _ :.. , .,..:: - �- (,_..4�) Outdoor commercial recreationlentertainment; (56) Recreational vehicle parks; (_G�) Marina facilities; (7S) Video/electronic game rooms; (84) Utility facilitiesi: (9�8) Restaurants serving alcoholic beverages located within 200 feet of a church or a school or with outdoor seating where the service area is located within 200 feet of a residential zone. Sec. 40.385. Use limitations. The following use limitations shall apply to resort commercial 24 districts: * * � � * ,� Cornmercial parkin lo� ts shall not have spaces available for rent that are required b�► _ this development code to serve a use operatin� at the same time as the commercial parkin� lot. ��-5) Accessory uses shall comply with all terms contained in section 41.121. �b) All uses, whether permitted, conditional or nonconforrning, shall be conducted in consor�ance with the use standards contained in sections 42. 22, 42. 31, 42.32 and 42. 35. � Sec. 40.403. Permitted uses. * * * * 11 Within resort commercial 28 districts, only the following uses and structures aesigned for such uses shall be permitted: � * * � * (11) Commercial�parking , ' . . ; (12) Art gaileries/studiosi: , 1�3,Z Accessorx, usest including certain� alcoholic bev_erage sales uses as specified in sections 41.071 and 41.072. Sec. 40.404. Conditional uses. uses: Within resort commercial 28 districts, the following uses rnay be allowed as conditional (1) Business/professional of�ces which serve the tourist; (2) Nightclubs, taverns and bars; (3) Package alcoholic beverage sales (package sales); . : : ( ��) Outdoor commercial recreation/entertainment; (56) Recreational vehicle parks; �G�} Marina facilities; (7S) Video/electronic game rooms; (89) Utility facilities;,.- L9�A) Restaurants serving alcoholic beverages located within 200 feet of a church or a school or with outdoor seating where the service area is located within 200 feet of a residential zone. Sec. 40.405. Use limitations. The following use limitations shall apply to resort commercial 28 districts: 12 � � � * * �k * * � Commercial parking lots shall n�t have spaces available for rent that are required by this development code to serve a use operatin� at the same time as_ the commercial parking lot. �G�) Accessory uses shall cornply with all terms contained in section 41.121. (76) All uses, whether perrnitted, conditional or nonconforrning, shall be conducted in consonance with the use standards contained in sections 42. 22, 42. 31, 42.32 and 42.35. � * * * * Sec. 40.423. Permitted uses. Within general commercial districts, only the following uses and structures designed ior such uses sha11 be permitted: � * * * � (15) Transportation stations , ' . . ; (16) Art galleries/studiosi.- ; ; (17) Adult day care;..- ; � � Accessorv uses, includin�certain alcoholic beverage sales uses as speci�ed in sections 41.071 and 41.072. Sec. 40.424. Conditional uses. uses: Within general commercial districts, the following uses may be allowed as conditional � * * * * ; (56) Veterinary of�ces; `,�) Animal grooming and/or boarding facilities; 13 �7$) Wholesalingldistributing; ,� Vehicle sales; (9) Vehicle service; (10) Outdoor retail sales, displays and/or storage; (11) Blood plasrna centers; (12) Marina facilities; (13) Residential shelters; (14) Noncornrnercial parking; (15) Utility facilities;,- (16) Restaurants serving alcoholic beverages located within 200 f�eet of a church or a school or with outdoor seating where the service area is lacated within 200 feet of a residential zonei.- � Child day care. Sec. 40.425. Use lirnitations. The following use lirnitations shall apply to general commercial districts: * * * * � � T�ansportation stations shall have a continuous, solid landscape buffer attainin� a minimum height of six feet at maturi�, adjacent to all residentially zoned properties. � Accessor,y uses shall com,_plv with all terms contained in section 41.121. �G4) All uses, whether permitted, conditional or nonconforming, shall be conducted in consonance with the use standards contained in sections 42,22, 42.31, 42.32 and 42. 35 . * * * * * Sec. 4Q.433. Permitted uses. 14 � Within �inf'�ll Ecommercial �districts, only the %Ilowing uses (and structures designed to serve such uses} shall be permitted: * * � � * (21) Trans,portation stations , ' (22) Accessory dwellings. (23) Adult day care. � Accessorx uses, including; certain alcoholic beverage sales uses as speciiied in sections 41.071 and 41.072. Sec. 40.434. Conditional uses. uses: Within �infill Ecornmercial �districts, the following uses may be allowed as conditional * � � * � ( �4�) Veterinary ofiices. (56) Wholesaling/distributing. �G�) Marina facilities. (7S) Residential shelters. �89) Noncommercial parking. �9�A) Manufacturing uses. (1l3-�)Outdoor retail sales. (11�)Child day care. 12�3)Congregate care . 13 Vehicle sales. 15 (14) Vehicle service. (15) Outdoor commercial recreation/entertainment. (16} Bed and breakfast inns. (17) Utility facilities. (18) Restaurants serving alcoholic beverages located within 200 f�et of a church or a school or with outdoor seating where the service area is located within 200 feet of a residential zone. (19) Convenience stores. (20) Indoor commercial recreationlentertainment. (21) Gasoline stations. Sec. 40.435, Use limitations. The followin� use limitations shall apply to infill commercial districts: � * * * * (2) Accessory uses shall comply with all terms contained in section 41.121 See�a� �.�,r, o Q r�f,Q�-ri� ��7 . * * * * �k ,� Transportation stations shall have a continuous, solid landscape buffer, attainin� a minirnum hei�ht of six feet at maturitv, adjacent to all r�sidentiall zoned �ronerties. (76) All uses, whether permitted, conditional or nonconforming, shall be conducted in consonance with the use standards contained in sections 42.22. 42.31, 42.32 and 42.35 -�3�:99�{��--3�}. * � � * * Sec. 40.443. Permitted uses. Within highway commercial districts, only the following uses and structures designed to serve such uses shall be permitted; 16 � t.�..'' (14) * * * * * Transportation stations , ' . . ; (15) Art galleries/studiosi. (16) Adult day care;,.- 1�71 Accessory uses�including certain alcoholic beverage sales uses as specified in sections 41.071 and 41.072. Sec. 40.444. Conditional uses. uses: Within highway cornrnercial districts, the following uses may be allowed as conditional ; (1�) Recreation vehicle parks; (�2.�) Nightclubs, tavems and bars; (34) Package alcoholic beverage sales (package sales); (_4�} Animal grooming and/or boarding facilities; (5g) ��i � ($) t9) (10) (11) (12) (13) Veterinary of�ces; Indoor storage and/or warehousing; Vehicle sales; Vehicle service; Wholesaling/distributing; Outdoor commercial recreation/entertainment; Outdoor retail sales, displays and/or storage; Residential shelters; Noncommercial parking; 17 � a �' (14) Utility facilities;,.- (15) Restaurants serving alcoholic beverages located within 200 feet of a church or a school or with outdoor seating where the service area is located within 200 feet of a residential zonei.- � Child dax care_ Sec. 40.445. Use lirnitati9ns. The €ollowing use lirnitations shall apply to highway cummercial districts: * * x� * * � Transportation stations shall have a continuous, solic� landscape buffer, attainin� a minimum hei�ht of six feet at rnaturitv, adjacent to all residentiallv zoned �roperties. �4) Accessory uses shall comply with all terrns contained in section 41.121. �6�) All uses, whether permitted, conditional or nonconforming, shall be conducted in consonance with the use standards contained in sections 42.22, 42.31, 42.32 and 42.35. � � � � * Sec. 40.463. Permitted uses. Within commercial center districts, only the following uses and structures designed to serve such uses shall be permitted: * * * * � (8) Commercial or trade schools , " . . ; (9) Art galleriesistudios.;.: (10) Adult day care;= � Accessor,y uses includin� certain alcoholic beverage sales uses as specified in sections 41.071 and 41.072. Sec. 40.464, Conditional uses. 18 � � uses: Within commercial center districts, the following uses may be allowed as conditional � Vehicle sales; (2-�) Vehicle service; (3�) Nightclubs, taverns and bars; (�4�) Package alcoholic beverage sales (package sales); L4) Outdoor retail sales, displays and/or storage; ��) Outdoor commercial recreation/entertainrnent; L7�) Child day care; � (8�) Veterinary offices; �9�) Animal grooming and/or boarding facilities; (1(}4) Utility facilitiesi.- (11�A)Restaurants serving alcoholic beverages located within 200 feet of a church or a school or with outdoor seating where the service area is located within 200 feet of a residential zone. * * * � * Sec. 40.473. Permitted uses. Within downtownJmixed use districts, only the following uses (and structures designed to serve such uses) shall be permitted: * * * * * (1) Multiple family dwellings. � Townhouses . ,� Three-family dwellings. � Two-family dwellin�s. 19 � � Detached sin�le farnily dwellings. (_G�) Indoor retail sales. (7�) Restaurants. (84) Businesslprofessional offices. L�) Medical clinics/laboratories. (10�►) Nonpro�t social or community services. (11�) Commercial or trade schools. (12S) Accessory dwellings. {,139) Interval ownership and timeshare dwellings. (14�9)Remote switching stations. 15�)Art galleries/studios. (14�)Funeral hom�s. 17�3)Hotelsimotels. (18�4)Transportation stations �e-eesse�se�. �19�)Adult day care. � Business services. � Personal services. � Accessorv uses, including, certain alcoholic beverage sales as speciiied in secCions 41.071 and 41.072. Sec. 40.474. Conditional uses. uses: n.;, . Within downtown/mixed use districts, the following uses may be allowed as conditional (1) Indoor storage and/or warehousing. Q�� (2) Ni�htclubs, taverns and bars (3) Packa e�alcoholic beverage sales (package sales). . . _ ►�..��..�:.: ��:.:�..,,...: _.�,:�,,:1:�.. (_4�) Veterinary offices. L5�) Wholesaling/distributing. �G�) Marina facilities. (_7S) Residential facilities. (84) Noncomrnercial parking. � �9�8) Manufacturing uses (including research facilities and laboratories, photographic processing facilities, printing and publishing facilities, production of confectionery . or baked goods, and assembly of electronic components and precision � instruments) . (1!�}Outdoor retail sales, displays and/ar storage. 1(�1�)Child day care. . . ._ : - (12-�--5}Gasoline stations. �, Restaurants servin.,g alcoholic bevera�,es located within 200 feet of a church or a school or with outdoor seatin�, where the service area is located within 200 feet of a residential zone. � Bed and breakfast irms. Sec. 40.475. Use limitations. The following use limitations shall apply to downtown/mixed use districts: * * * * * � Trans.�ortation stations shall have a continuous, solid landscane buffer, attainin� 21 � a rninimurn hei�ht of six feet at maturity, adiacent to all residentially zoned properties. (76) All uses, whether perrnitted, conditional or nonconforrning, shall be conducted in compliance with the use standards contained in sections 42.22, 42.31, 42.32 ` and 42.35 4�F-�. � a (8�) For properties west of Osceola Avenue, indoor retail sales, restaurants, business/professional ofiices, medical clinics/laboratories, nonpro�t social or cornrnunity services, cornmercial or trade schools, accessory dwellings, remote switching stations, and art galleries/studios �es shall only be allowed as accessory uses to rnultiple family residential uses containing a minimum of 100 dwelling units. * * * * * Sec. 40.504. Conditional uses. Within limited industrial districts, the following uses may be allowed �e�e� as conditional uses : � Vehicle sales; (2�) Vehicle service; (3�) Outdoor retail sales, displays and/or storage; (_43) Nightclubs, taverns and bars=: (54) Package alcoholic beverage sales (package sales)i.- (_G�) Residential shelters; (76) �(oncommercial parking; (8�) Child day care; L9g) Indoor comrnercial recreationy- (109) Adult day care. * * * � � Sec. 40.523. Permitted uses. 22 �,-'. . f ',:, �.` ::: ��...: �, t:':,. ��'�• ���� ' Within research, development and of�ce park districts, only the following uses and structures designed to serve such uses shall be permitted: * * * * * (11) Business services; ��e�- ,� Hotels/motels; �13,1 Personal services; � Restaurants; 15 Accessory uses, including certain alcoholic beverage sales uses as speci�ed in sections 41.071 and 41.072. Sec. 40.524. Conditional uses. Within research, development and office park districts, the following uses may be allowed as conditional uses: CrT Do�e,..�o.�. � 1�i1 u�tn�n m�Fnin• f f L14) Manufacturing uses; (2�) Marina facilities; � (3�) Residential shelters; ; (_49) Child day care; (S�8) Utility facilities;-. �G�) Adult day care. * * * * * 23 . ' ; 1 1 E � _�� : �,; . . , . �, Sec. 4�.543. Permitted uses. Within public/semipublic districts, only the following uses and structures designed for such uses shall be permitted: * * * * � (10) Nursing homes; �1:e�e�se��ses- � Trans�ortation stations ti �12,Z Commercial parkin� ,� Adult day care; � Accessorv uses. Sec. 40.544. Conditional uses. Within public/semipublic districts, the followiag uses may be allowed as conditional uses: � i , ; ; (l�) Marina facilities, including commercial and office uses associated with marina � facilities; . � L24) Alcoholic beverage sales (consurnption on prernises only) in conjunction with a fraternal organization, marina facilities, civic center, or a student center; �3§) Child day care; ; �4�) Residential shelters . Sec. 40.545. Use �irnitations. The following use limitations shall apply to public/semipublic districts: * * * � * 24 � Transportation stations shall have a continuous, solid landscape buffer, attainin a minimum height of six feet at maturity, adjacent to all residentiallv zoned properties. � Commercial parking lots shall not have spaces available for rent that are required by this development code to serve a use operatin� at the same time as the commercial parkin� lot• L9�) Accessory uses shall comply with section 41.121. (108) All uses, whether permitted, conditional or nonconforming, shall be conducted in consonance with the use standards contained in sections 42.22, 42.31, 42.32 and 42.35. * * * � * Sec. 40.563. Permitted uses. Within open space/recreation districts, only the following uses and structures designed for such uses shall be permitted: � � � * � (6) Restaurants, indoor retail sales and concessions; in coniunction with golf courses and recreation complexes; z4eeesse�}-�rses- �7,� Accessorv uses, includin� uses of public land and facilities approved by the Citv Commission in accordance with section 2.01(d)(v). Sec. 40.564. Conditional uses. uses: Within ogen spacelrecreation districts, the following uses may be allowed as conditional . 1���\\Tl!�i�t�!if��!1�l_�!�\�1��iI_��1!f�Tl����3i/��l!}�\Z7\�/���/���t!�1�/��'il�7f�l� � (1�) Alcoholic beverage sales (consumption on premises); in conjunction with a golf course or civic center; (23) Public works projects, including utility facilities. * * � * * Sec. 41.053. Supplementary standards by category of use. 25 The standards in this section which apply to the identified category of use shall supplement the general standards of use identi�ied in section 41.052. No conditional use shall be authorized unless determined to meet all of the standards applicable thereto. (1) Adult day care centers may be allowed �e�e� within the ,:,.,,;+��' ^�'�;^�, �°°�^' ^f�^°, neighborhood commercial, infill commercial, limited industrial, and research, development and ofiice park���i� ' districCs subject to all of the following: (a) The use shall be reasonably compatible with the surrounding neighborhood as measured by building size, lo�ation and state of repair. (b) The site shall be able to accommodate required parking, ancillary service and outdoor activity areas appropriate to the use and in a manner which is compatible with surrounding properties. (c) Proper supervision shall provided to ensure neighborhood compatibility. (d) Appropriate onsite loading and unloading areas shall be provided which are sufficiently distant from other trafficways so as to en5ure user safety. (e} The use shall cornply with all of the general standards contained in section 41.052 . (2�) Animal grooming and/or boarding facilities rnay be allowed within the general commercial, highway commercial, and commercial center districts subject to all of the following: (a) All activities shall be conducted within soundproof, air conditioned buildings without outdoor cages, runs or other outdoor facilities unless determined by the board that such facilities are locaCed and screened in a manner so as to not adversely affect the use, enjoyment or value of surrounding properties. (b) The use shall comply with all of the general standards contained in section 41.052. . . . . : : • : : ,- :: . \i!7��i�_ilil�f\i11\�/tl���)�i�7���1��a1\�l1����I��Y\�1�� i� • � i i � i i � i w •• � i i i ir i� i i i i i i i 26 � � � . � � � ' • � . i . " • • . i � i � i i i � � (3�) Bed and breakfast inn uses may be allowed in the �infill Ecommercial �district, downtown/mixed use district, �urban Ecenter �district, and all residential districts, subject to all of the following: (a) The hours of operation are compatible with surrounding uses; (b) The volume of traf�ic generated by the use is compatible with surrounding uses; (c) Such uses shall only be provided in principal structures containing not less than 1,500 square feet of gross floor area; (d) Not more than 50 percent of the gross square footage of the principal structure shall be utilized for the bed and breakfast use. For the purpose of calculating the area of the structure devoted to the bed and breakfast use, only the floor area of th� bedroom and bathroom areas utilized by the bed and breakfast guests shall be considered in such calculations; (e) The use shall contribute signiiicantly to the prornotion of the city's historical, cultural or natural heritage. (� The structure containing the use shall rneet all applicable life safety codes prior to the issuance of a certificate of occupancy . (g) The use complies with all of the general standards contained in section 41.052 . . �..,.�.�..,�..� . ��:.. (_4�) Blood plasma centers may be allowed within the general cornrnercial district subjecC to all af the following: (a) Sufficient waiting room areas shall be provided to deter loitering. (b) The use shall be sufficiently distant from church�s, schools, hospitals, residences and like uses so as to not adversely affect the use, enjoyment or value of such properties. (c) The use shall comply witil all of the general standards contained in section 27 41.052. (5�) Businessiprofessional of�ces which serve the tourist may be allowed within the resort commercial 24 and 28 districts upon cleterrnination that the use complies with all of the general standards contained in section 41.052. - : :- : ,• :: ::. : . : : . _ ; . �. ,. . : .. : ,• : : : : : ' ! ' - ; ;• ,- . . :- : : : : : : : : :. -::• : : ::- : : : :- �: : : : : - : : :: :. •: : ,• : :...:..���::�..�...:.r:��.,:,:,.:..:.o.-,�s.�: : : - : •: : : -: : . • : :: - : • i. •� � ir• i i• v �� i. i i i i �� • i i � � t � • (6) Child day care centers may be allowed within the limited office, general office, neighbarhood commercial, general commercial, infill commercial, highway commercial, commercial center, downtown/mixed use, urban center (transition), and public/sernipublic subject to all of the following: (a) Suf�cient onsite outdoor play areas shall be provided and so designed as to ensure user safety. (b) Appropriate onsite loading and unloading areas shall be provided which are sufficiently distant from other trafficways so as to ensure user safety. (c) The use shall cornply with all of the general standards contained in section 41.052 . : -•.- : - :: : - : : ,- :: : - : - : : : : : : : , .. : :' : =: : j�� . ': : : : ,' : ': : . . : '.' : : : : ' : ,. .. : . . � .. �. . � .. : '�' ' : : : : : : : : : : ,' :: : : ': :' :: �. : .' :: ': : : :: ,' 0 : ' : 7 : 0 ' C i ' : y : ' : S i : ' � i i i i �� i i i'��� v�• i : •�• .�. . � � v� i/��1���7��5�1��i �\��:�Tlf� � i �� w� i i • "i � i � � � t ���� i N i i i i v i : w� i � � V t � • M • �• � � •� • � � • � � • � • r � � _- I i • � / � • I � � A • L�9) Congregate care facilities may be allowed within the multiple-farnily residential 12, 16, 24 and 28 districts; the residential, of�ce and commercial planned development districts; urban center (transition), the limited of�ce, infill comrnercial and neighborhood commercial districts subject to all of the following: (a) The permitted density shall not exceed the maximurn permitted net density af the zoning district in which the facility is to be located, such density to be determined on the basis that every two beds within the facility shall be considered to equal one dwelling unit. For those facilities located within a planned development district, density shall be regulated through the site plan process in accordance with section 40.261, but the density shall not exceed the rnaximurn allowable density set forth in section 40.267. 29 (b) The size and state of repair of the facility shall be appropriate for the proposed use. (c) Ancillary service and recreation areas appropriate for the use shall be provided on the site in a rnanner which is� cornpatible with surrounding properties, (d) Ce) The use shall be located within an area which is not concentrated with other care facilities. The use shall comply with all of the general standards contained in section 41.052 s�see� . � Convenience stores ma�be allowed in the in�ll commercial district subject to �11 of the followin�: � � The hvurs of o�eration and overall site desi�n are cornpatible with surroundin� uses• The use shall comnlv with all of the �eneral standards contained in section 41.�52. (9�} Gasoline station uses may be allowed in the infill cornmercial, downtown/rnixed use, urban center (core} and urban center (eastern corridor) districts, subject to a�il of the following: (�) (b) The hours of operation and overall site design are compatible with sunounding uses. The use complies with all of the general standards contained in section 41.052 . (10) Helistops may be allowed within the urban center district subject to all of the following: (a) (b) Ample evidence is provided to the board ascertaining that the use rneets all requirernents of the Federal Aviation Administration. The use shall comply with all of the general standards contained in section 41.052. : : :. : :. . : : :: 30 � : : : . : °. � : : : : : .. .. : : : : : : : : . � �• : - -: :' : ::' :• : :: : - : : .- : : : : :.-:: :: : ::' •:• :- : -: : :' : ': ;:• : ;; ;-; •; •; :- : : o: : : :: : ' : : .- : .• : ' : : . � _ � .� .. : .• : : ; -;. ; ;;- :- •:--;: : .- :. : : : .- : ,• - - : : : : : ,- . <11�)Indoor commercial recreation/entertainment may be allowed ��e� in the infill commercial district, subject to all of the following: (a} The hours of operation are compatible with surrounding uses; (b) The use complies with all of the general standards contained in section 41.052 . (12�3)Indoor storage and/or warehousing may be allowed within the downtown/mixed use, general comrnercial, infill commercial, � highway commercial, urban center (core , urban center (eastern corridorl, and urban center ftransition) districts subject to all of the following: (a) The building size, length and appearance shall be compatible and in scale with other buildings in the immediate area. (b) All doors shall be oriented so as to be least visible from public rights-of- way and surrounding properties. 31 (c) The use shall comply with all of the general standards contained in section �1.�52 ci_ai�cnnhini� Li�1 �f tlsic• nont:rtr+. �� i i � : ' i i : w : � � � � � ' � " i � i i i � • � • � i • � � i � � � i � tl�\74s1\�r'l1\71�1�)���1��� �7�t ���� ��� � � � + i i i i • • 1LJ��►�\t�\i/nl�!1�1�\7t!S��l��iJ�±f\i�r171��7i/��fiti77li�1 �'1/17���1�f��il���\�7*�(-��nlTl'r �� i i � t i i i i •� i � 13�4)Level I group care facilities may be allowed within the single-family residential 8, , , , , districts; the residential, office, and commercial plaruied development districts; and the limited office and neighborhood commercial districts subject to all of the follawing: (a) The use shall comply with all terms contained in section 41.201. (b) Accessory uses shall be limited to those normal and incidental to residential dwelling units. (c) '�he use shall be reasonably compatible with the surrounding neighborhood as rneasured by building size, location and state of repair. (d) The site shall be able to accommodate required parking, ancillary service and outdoor activity areas appropriate to the use and in a manner which is cornpatible with surrounding properties. (e) Proper supervisivn shall be provided to ensure neighborhood compatibility. (� If located within a single-family residential 8 district, the use shall be located on property having conforming frontage on a minor or major arterial street. (g} The use shall comply with all of the general standards contained in section 41,052. 32 (14-�3)Level II group care facilities may be allowed within the rnultiple-family residential 8, 12, 16, 20, 24 and 28 districts; the residential, office and commercial planned development districts; and the urban center (transition), limited office and neighborhood commercial districts, subject to all of the following: (a) The use shall comply with all regulations contained in section 41.201. (b) Accessory uses shall be limited to those norrnal and incidental to residential dwelling units. (c) The use shall be reasonably compatible with the surrounding neighborhood as measured by building size, location and state of repair. (d) The site shall be able to accommodate required parking, ancillary service and outdoor activity areas appropriate to the use and in a manner which is compatible with surrounding properties. (e) Proper supervision shall be provided to ensure neighborhood compatibility. (� The use shall comply with all of the general standards contained in section 41.052 �.,�,�o,.*;,,,, ��,� „� *,,;� �a,.*;,,,, (15�b)Level III group care facilities may be allowed within the urban center (transition), lunited of�ce and neighborhood commercial districts, subject to all of the following: (a) The use shall comply with all regulations contained in section 41.201. (b) Accessory uses shall be limited to those normal and incidental to residential dwelling units. (c) The use shall be reasonably compatible with the surrounding neighborhood as measured by building size, location and state of repair. (d) The site shall be able to accommodate required parking, ancillary service and outdoor activity areas appropriate to the use and in a manner which is compatible with surrounding properties. (e) Proper supervision shall be provided to ensure neighborhood compatibility . (� The use shall comply with all of the general standards contained in section 41.052 . 33 (1G�)Manufacturing uses may be allowed in the infill commercial, research, development and office park, urban center (core) and urban center (eastern conidor districts subject to all of the following: (a) The hours of operation are compatible with surrounding uses. (b) The volume of traf�c generated by the use is cornpatible with surrounding uses. (c) Any noise generated by the use is compatible with surrounding uses. (d) In infill commercial districts, a minimum lot size of 10,000 square feet shall be provided for this use; and (e) The use complies with all of the general standards contained in section 41.052 . ,, . :- :. : •:-:: : :: : : : :. : :: : : :: : - :. � � • • i � i i •� w ♦ i i i i i i �� i i � i� _ 17�-5)Marina facilities may be allowed, except as provided in this section, in the beach commercial, resort cornrnercia124 and 28, general commercial, downtown/mixed use, infill commercial, research, developrnent and office park, urban center (bayfront) and public/semipublic districts, subject to all of the following: (a) Marina facilities are prohibited frorn locating in the following areas, which have been identified as areas of high or moderate environmental signiiicance: The north end of Clearwater Beach, Clearwater Harbor grass beds, Cooper's Point, Clearwater Harbor spoil islands, Sand Key Park and the southern edge of Alligator Lake. (b) All proposed activities including, but not limited to, fueling, pumping-out, chartering, living-aboard, launching, dry storage and the servicing of boats, motors and related marine equipment shall require specific approval 34 by the planning and zoning board in order to be permitted. (c) A cornrnercial marina facility operated as a prirnary use shall not be located adjacent to a residential district unless the owner provides screening or landscape buffering in accordance with section 42.27. For marina facilities located adjacent to residential districts, no fueling or launching facilities shall be located within 20 feet of the residential property line, and no fueling or servicing of boats shall occur at suc;h marinas after 9:00 p.m. or before 6:00 a.rn. (d) No fuel storage facility or sanitary pump-out station holding tank shall be located over water. (e) The marina facility shall pose no hazard or obstruction to navigation, as determined by the city harbormaster. (� View corridors shall be preserved across the property in accordance with the standards set forth in section 41.131. (g) The use shall not adversely affect the environrnent, including both onshore and offshore natural resources. (h) The owner shall provide evidence to the public works department of suf�cient and acceptable wastewater treatment to serve the project. (i) For coastal areas, the owner shall provide to the city an acceptable manatee protection plan. Appropriate speed zone signs shall be posted to control boat speed for manatee protection. (j) The owner shall provide evidence of adequate spill containment areas on the subject property. (k) Landside sanitary facilities or a sanitary pump-out station shall be provided and shall be available to rnarina users 24 hours a day. (1) The use shall comply with all of the general standards contained in section 41.OS2. (m) in the event of conflict between these standards and federal or state law or rules, the federal or state law or rules shall apply to the extent that these standards have been preempted. Otherwise, the rnore stringent regulations shall apply. (18�9)Marinas may be allowed within the �reservation ��� districts subject to all of the following: (a) Marinas are prohibited from locatin� in the following areas, which have been identi�ed as areas of high or rnoderate environmental signi�cance: The north end of Clearwater Beach, Clearwater Harbor grass beds, Cooper's Point, Clearwater Harbor spoil islands, Sand Key Park, and the southern edge of Alligator Lake. (b) All proposed activities including, but not limited to, fueling, pumping-out, chartering, living-aboard, launching, dry storage and the servicing of boats, motor� and related marine equipment shall require specific approval by the planning and zoning board in order to be permitted. (c) No commercial activity, including but not limited to the sale or rental of any slips, commercial launching facilities, marine repairs or maintenance facilities, or living aboard any boat, whether permanently or temporarily, shall be permitted unless the facility abuts a commercial zoning district, the public/semipublic district �or the urban center district and unless such activity is expressly approved by the planning and zoning board. (d) A commercial marina operated as a primary use shall not be located adjacent to a residential district unless the owner provides screening or landscape buffering in accordance with section 42.27. For marinas located adjacent to residential districts, no fueling or launching facilities shall be located within 20 feet of the residential property line, and no fueling or servicing of boats shall occur at such marinas after 9: 00 p. m, or before 6:00 a.m. (e) No fuel storage facility or sanitary pump-out station holding tank shall be located over water. (f} The marina shall pose no hazard or obstruction to navigation, as determined by the city harbormaster. (g) View corridors shall be preserved across the property in accordance with the standards set forth in section 41.131. (h) The use shall not adversely affect the environment, including both onshore and offshore natural resources. (i) The owner shall provide evidence to the public works department of sufficient and acceptable waste�vater treatment to serve the project. (j) For coastal areas, the owner shall provide to the city an acceptable 36 manatee protection plan. Appropriate speed zone signs shall be posted to control boat speed for manatee protection. (k) The owner shall provide evidence of adequate spill containment areas on the subject property. (1) Design of the docks shall maintain existing tidal flushing and aquatic circulation patterns. (m) The use shall comply with all of the general standards contained in section 41.OS2. (n) In the event of conflict between these standards and federal or state law or rules, the federal or state law or rules shall apply to the extent that these standards have been preernpted. Otherwise, the more stringent regulations shall apply. (19-�)Nightclubs, taverns and bars may be allowed within the North Greenwood commercial, beach commercial, resort commercial, general commercial, downtown/mixed use, infill commercial, highway commercial, commercial center, urban center (bayfront), urban center (core), urban center (eastern corridor), and limited industrial zoning districts subject to all of the following: �a�- The use complies with all the general standards for conditional use approval listed in sections 41.033 and 41.052; and �b�- The use does not contribute to an inappropriate concentration of such facilities as judged by the nurnber of similar facilities within 500 feet of the proposed use, the potential effect of the proposed use on public safety, and the potential effect of the praposed use on residential, church, school and park uses within 500 feet. For the purposes of this section, this measurement shall be from the property line of the property containing the alcoholic beverage use to the closest property line of each of the listed uses; and �c�- The use is: 1. Located on a passenger vessel licensed by the state to sell alcoholic beverages on which alcoholic beverages are served only after the vessel is underway, or is not located within 500 feet of a cvnforming church, school or park use, residential zone, or similar alcoholic beverage use; or 2, Located within 500 feet of a conforming church, school or park � use, residential zone, or similar alcoholic beverage use but is located in the Urban Center district or is separated from these uses by a right-of-way of 100 or more feet in width; or 3. Located within 500 feet of a conforrning church, school or park use, residential zone, or similar alcoholic beverage use but the applicant demonstrates that there are conditions which are unique to the property (such as structure and site design, property location and orientation, or the particular physical surroundings, shape or topographical conditions of the property) that wanant granting the conditional use permit; and �dZ.- The applicant demonstrates that the potential negative impacts of the use are mitigated by the design features of the structure and site. Specifically, the applicant shall address the following issues: 1. Structure design - entrances, windows, exterior service windows and loading entrances shall be oriented so as to minimize impacts on adjacent properties. 2. Type of entertainment and hours of operation - shall be compatible with surrounding uses. 3. Provision of buffers - perimeter landscaping shall meet or exceed the standards of secti�n 42.27 to the extent allowed by site design. 4. Site design - the applicant shall specifically demonstrate that the site design, as deterrnined by such factors as building orientation, outdoor seating, outdoor loudspeakers, parking location, buffers, site lighting, and access and loading area design and location, is c�mpatible with surrounding uses. �e�- All occupational license approval standards, including the police department background check of the applicant, shall be met prior to the issuance of an occupational license for the use; and �f�,- In the beach commercial and resort comrnercial districts, nightclubs, taverns and bars shall only be permitted in delicatessens, or in shopping centers or hotels/motels consistent with the provisions of section 41.071 except that expansion of alcoholic beverage sales area and changes of business ownership for existing nonconforming nightclub, tavern and bar uses may be considered; and ��- In the North Greenwood commercial district, no new nightclub, tavern �c : and bar uses shall be allowed, but expansion of alcoholic beverage sales area and changes of business ownership for existing nightclub, tavern and bar uses may be considered. (20) Noncommercial parking may be allowed within the residential, limited office, general office, neighborhood commercial, North Greenwood commercial, downtown/mixed use, highway commercial, infill commercial, and limited industrial districts subject to all of the following: (a) 5ingle-family residential property may be used for noncommercial parking only when such parking is accessory to a primary use in an adjoining publicisemipublic district. However, such parking on single-family residential property shall not be used for any portion of the offstreet parking required by this Code; such parking shall be provided only for excess or overflow parking; the parking lot shall not be surfaced; access directly from the street or from adjoining residential property shall not be provided to a parking lot located on single-family rPsidential property; the area, lot width and lot depth of single-family residential property used for noncommercial parking shall not be considered in determining whether the adjoining public/semipublic property meets the applicable dimensional and numerical development requirements; and a conditional use for parking on single-family residential property shall not run with the land, but shall expire upon a change of use of the adjoining pubiic/semipublic property. (b) The parking lot shall be designed, surfaced and landscaped in accord with all applicable requirements contained in this development code; however, surfacing shall be prohibited on single-family residential property. (c) Access to the parking lot shall not be provided directly from the street or from any residentially zoned property adjoining the property which is the subject of the conditional use application, unless specifically authorized by the planning and zoning board; however, access directly from the street or from adjoining residential property shall not be provided to a parking lot located on single-family residential property. (d) The use shall comply with all of the general standards contained in section 41.052. (e) Noncornmercial parking lots which adjoin residentially zoned property shall be provided with an opaque fence or wall along all property lines adjoining the residentially zoned property, and may be used for the parl�ing of motor vehicles other than recreational vehicles, semitrailer trucks or cabs, commercial vehicles, buses, or vehicles designed to transport wastes or hazardous or noxious rnaterials, which are prohibited. 39 Such lots shall not be used for the parking of trailers, boats or boat trailers. Any lighting of such parking lot shall not exceed the height of the opayue fence or wall required along all property lines. However, a parking lot which adjoins single-family residential property shall be provided with a landscaped strip of land not less than ten feet in width along all property lines adjoining the single-family residential property. ( fl No portion of any parking space shall be closer than ten feet from the property line of any adJoining single-family residential property. (g) All applicable requirernents of sections 41.221 and 42.27 shall be satis�ed without the granting of any variance therefrom. (h) Such parking shall not be required by this code to serve another use. (i) If the parking is provided on property zoned for multiple-farnily residential or nonresidential uses, such parking shall be guaranteed to rernain available through a longterm lease or other appropriate instrument running with the land for a term equalling or exceeding the projected life of the use which the parking is to serve, , - :• :. : . . � :.-• : . ; - . : - - : : : : : :.: :.: : - : : .- : : :• :: :: : : :� : : : : : : :--: : : - : -:- : •� : - : : : : (21�)Outdoor commercial recreation/entertainment may be allowed within the beach cornmercial, resort commercial 24 and 28, urban center {core), urban center (eastern corridor), general commercial, highway commercial, iniill commercial, and commercial center districCs, subject to all of the following: (a) All facilities and activities shall be self-contained on the premises, unless otherwise approved by the planning and zoning boarcl. (b} The use shall comply with all of the general standards contained in section 41.052 . .� , �_ .. , . , --�a--�---.�__-�--------�`-,_..�____ ' -------- ----_._... �--___ _ _ \�1���i 1[R��I�J/l��/��I�1'�7f�}1 � � � '�' j � � � � � i i � � � i i i i . � • . � . • • � � i � i�� • i i� � i i i • � ii �i i i� i i •� � • • w i i � • � � � i • i � � � • i 1r i i i � i • � i � i + i i � i�� i i � �. i • � �� • i i � i i � i i i ii �w' � ii � i. i : i i i� i i i •� i i� . i i �� i ■� i� : ' • = ",' = .. � � "�' = '� � i�� i i� i iii i � i i� i i � i i � � i i� � � � i i i i i i i i� � i � � � ' �� � • y �� i� i �i i •� i i i i: i � i � i i • � . � �w• � i � : . � ..�. . i i � i � i i: �� i i �� � i i� i � i i• i i i i i i i 1�1i-�l 1:.i� i (22�)Outdoor retail sales, displays and/or storage may be allowed within the urban center (core), urban center (eastern corridor), general commercial, highway commercial, infill commercial, commercial center, downtown/mixed use, and limited industrial districts subject to all of the following: (a) The outdoor use shall not adversely affect the community appearance objectives of the city. In particular, no temporary buildings, portable buildings, tents, stands, trailers, vending carts or like buildings or structures shall be utilized in conjunction with the use. (b) In downtown/mixed use districts, outdoor retail sales and displays shall be lirnited to vegetable and fruit stands and similar uses. For outdoor storage uses in downtown/mixed use districts, a minimum lot size of 30,000 42 square feet shall be provided, (c) In �infill Ecommercial �districts, outdoor retail sales and displays of boats and vehicles shall be prohibited, except for vehicle sales approved bv the plannin� and zoning board as a conditional use, (d) In �infill �cornmercial �districts, a minimum lot size of 30,000 square feet shall be provided for this use. (e) The use shall cornply with all of the general standards contained in section 41.052 . � Packa�,e alcaholic beverage sales mav be allowed within the neighborhood commercial, North Greenwood cornrnercial, beach commercial, resort commercial, general commercial, downtown/mixed use, infill commercial, highwa� commercial, comrnercial center, urban center (core), urban center (eastern corridor�, and lirnited industrial zoning districts subject to all of the followin�: �a,� The use cornplies with all the �eneral standards for conditional use approval listed in sections 41.033 and 41.052; and �b,�, The use does not contribute to an ina�propriate concentration of such facilities as iud�ed by the number of similar facilities within 5(}0 feet of the �roposed use, the �otential effect of the proposed use on public safetv, and the potential effect of the proposed use on residential, church, school and park uses within 500 feet. For the purposes of this seetion, _this measurement shall be frorn the property line of the property containin� the alcoholic bevera�e use to the closest property line_ of each of the listed uses; and �, The use is: 1. Not located within 500 feet of a conforrnin��church, school or park use� residential zene, or similar alcoholic beverage use; or 2. Located within 500 feet of a conforminQ church, school or park use, residential zone, or sirnilar alcoholic bevera�e use but is: Located in the Urban Center district; or Se�arated from these uses by a right-of-wav of 100 or more feet in width; or 3. Located within 500 feet of a conforming church, school or park use or residential zone, or similar alcoholic beverage use but the applicant dernonstrates that the potential negative effects of the use 43 is mitigated bX structure des�n (including location of entrances, windows and exterior service windows/loading entrances), by hours of o�eration, by site design (including building orientation, parkin� location, buffers, site li�,hting, and access and loading area desi�nllocation), and bv other relevant factors as determined by the board; and �d,� The applicant dernonstrates that the �otential ne�ative impacts of the use are rniti ated bY the design features of the structure and site. Specificallv, the a�plicant shall address the followin� issues: _ l. Structure desi�n - entrances, windows, exterior service windows and loadin� entrances shall be oriented so as to minimize impacts on adjacer�t properties. 2. Tvpe of entertainrnent and hours of operation - shall be compatible with surrounding uses. 3, Provision of buffers - perimeter landscapin� shall meet or exceed the standards of section 42.27 to the extent ailowed by site design. 4. Site desi�n - the applicant shall speci�cally demonstrate that the site designLas determined b�such factors as buildin� orientation, outdoor seating, outdoor loudspeakers, parkin�location, buffers, site li�htin��, and access and loadin� area desi�n and location, is cornaatible with surroundingLuses; and � All occu�ational license approval standards, includin� the polic� departrnent back�round check of the applicant, shall be met prior to the issuance of an occupational Iicense for the use; and �f In beach commercial and resort commercial zoning districts, the use shall onl,Lbe permitted in delicatessens, or in shop,ping centers or hotelslmotels consistent with the �rovisions of section 41.071, except that expansion of alcoholic beverage sales area and chan�es of business ownership for existin� nonconformin�package sales uses mav be considered. Not more than iive ,percent of the �rc�ss floor area shall be cievoted to the sale or dis la� of packa�ed alcoholic beverages in delicatessens; and �g�, In the North Greenwood commercial district, no new packa�e sales uses shall be allowed but expansion of alcoholic bevera�e sales area and chan�es of business ownership for existin� packa�e sales uses mav be considered. .. (24) Personal services may be allowed in the limited office, and general office� ''°°°""^�' �'°.•°'�°m°T�-���-^f�^° �^�,, districts subject to all of the following: a�rJ�.K.►{rl� gV � I � i � I i � � I � � • • r• � • 1 • � • • � � • • � � � • • _ _ 1 � • � � � • : = • • � � � � • � • • • � ��) In limited office and general office districts, the use shall be lirnited to beauty salons and barber shops only, and shall not have hours of operation incompatible with surrounding uses; parking generated by the use shall not overburden existing or proposed parking facilities. (bE) The use complies with ail of the general standards contained in section 41.052. (25�4-�)Public and private elementary, middle and high schools may be allowed within the urban center (transition) district, subject to all of the following: (a) The total amount of land area devoted to the use shall be a minirnum of one acre and a maximum of three acres; (b) The scale of any structures and facilities associated with the use shall be compatible with surrounding properties; (c) Any outdoor recreational facilities associated with the use shall be designed and located so as to be compatible with surrounding properties; and (d) The use shall comply with all of the general standards contained in section 41.052 . (26�)Recreation activities other than those listed as permitted uses may be allowed within the aquatic lands/coastal and interior districts following review and recommendation by the harbormaster and upon determination that the use complies with all of the general standards cantained in section 41.052. (27�b)Recreational vehicle parks may be allowed within the resort comrnercial 24 and 28, and highway commercial districts upon determination that the use complies with a11 of the general standards contained in section 41.052. (28�)Residential shelters may be allowed within the multifamily residential districts da the limited office, neighborhood commercial, general cornrnercial, downtown/rnixed use, highway commercial, in�ll commercial, urban center 45 (core), urban center (eastern corridor), urban center (transition), limited industrial, research, developrnent and office park and public/semipublic districts subject to compliance with all of the general standards contained in section 41.052. (29�)Restaurants and accessory alcoholic beverage sales uses serving alcoholic beverages located within 200 feet of a church or school may be allowed �eH~�;+r� in the neighborhood comrnercial, North Greenwood commercial, beach commercial, resort commercial 24, resort commercial 28, general comrnercial, downtown/mixed use, infill commercial, highway commercial, cornmercial center, urban center (transition), and lirnited industrial districts, subject to all of the following: �,a�- The use complies with all the general standards for conditional use approval listed in sections 41.033 and 41.052; and �bZ- The use does not contribute to an inappropriat� concentration of such facilities as judged by the number of similar facilities within 500 feet of the proposed use, the potential effect of the proposed use on public safety, and the potential effect of the proposed use on residential, church, school and park uses within 500 feet. For the purposes of this section, this measurement shall be from the property line of the property containing the alcoholic beverage use to the closest property line of each of the listed us�s; and �c�- The applicant demonstrates that the potential negative effects of the use is mitigated by structure design (including location of entrances, windows and exterior service windows/loading entrances), by hours of operation, by site design (including building orientation, parking location, buffers, site lighting, and access and loading area design/location), and by other relevant factors as determined by the board; and �d�- The applicant demonstrates that the potential negative impacts of the use are rnitigated by the design features of the structure and site. Specifically, the applicant shall address the following issues: 1. Structure design - entrances, windows, exterior service windows and loading entrances shall be oriented so as to minimize impacts on adjacent properties. 2. Type of entertainment and hours of operation - shall be compatible with surrounding uses. 3. Provision of buffers - perimeter landscaping shall meet or exceed .� the standards of section 42.27 to the extent allowed by site design. 4. Site design - the applicant shall specifically dernonstrate that the site design, as deterrnined by such factors as building orientation, outdoor seating, outdoor loudspeakers, parking location, buffers, site lighting, and access and loading area design and location, is compatible with surrounding uses; and �e�,- All occupational license approval standards, including the police department background check of the applicant, shall be rnet prior to ihe issuance of an occupational license For the use, (3��)Restaurants and accessory alcoholic beverage sales uses serving alcoholic beverages with outdoor seating where the service area is located within 200 feet of a residential znne nnay be allowed ��t�e� in the neighborhood cornmercial, North Greenwood comrnercial, beach conunercial, resort cornrnercia124, resort commercial 28, general comrnercial, downtown/mixed use, in�ll commercial, highway commercial, cornmercial center, urban center (bayfront), urban center (core), urban center (eastern conidor), urban center (transition), and lirnited industrial districts, subject to al1 of the following: (a) The hours of operation and overall site design are compatible with surrounding uses, as detennined by such factors as seating orientation, outdoor loudspeakers, buffers or screening, site lighting, hours of operation and access. (b) The use complies with all of the general standards contained in section 41.052 . . . : : • ,- -:- ::- •:: :•�: .::• : .- .- - , . : : ,- : - : - : . . :.• :- :- :: - : - :: : : : : : :. -:: : : ::- : : ::- -: .: : - : : : ,- : •: : .• ::• : : ::- : : ::- : -: : : : : -: :- . . ' ::-� : : :' :' : ,• - -; •�- - 47 : : : -, : : : : . . : . :. :- : ,-: ': : : : : . ': : - - : : : :. (31�)Universities, colleges, academies and similar facilities for learning may be allowed within the �urban Ecenter (�transition) district, subject to all of the following: (a) (b) The total amount of land area devoted to the use shall be a minirnum of one (1) acre and a maximum of three (3 ) acres; The scale of any structures and facilities associated with the use shall be cornpatible with surrounding properties; (c) Any outdoor recreational facilities associated with the use shall be designed and located so as to be compatible with surrounding properties; and (d) The use shall comply with all of the general standards contained in section 41.052 . ��)Utility facilities may be allowed as a conditional use in all zoning districts except the limited industrial and public/semi-public districts, where they are allowed as a permitted use, subject to all of the following: (a) The size, scale, mass, noise generation, emissions generation, trafiic generation, and appearance of any buildings, strucriires, and facilities shall be reasonably compatible with surrounding land uses. (b) The use shall be buffered from adjoining properties in a manner consistent with its size, scale, mass, noise generation, emissions generation, traffic generation, and appearance to ensure compatibility with surrounding uses. At a rninimum, the use shall meet the perimeter landscaping requirements of section 42.27(3) for nonresidential properties, unless located in an area where the environmental characteristics make such buffering impractical. (c) The use shall comply with all of the general standards contained in section 41.052. ,�, Vehicle sales mav be allowed within the �eneral commercial, infill commercial, hi�hwav commercial, commercial center, urban center (corel and urban center �eastern corridor) districts, subiect to all of the following� .• � The outdoor use shall not adversely affect the communitv a�pearance objectives of the city. In �articular, no temporarv buildings, portable buildings, tents, stands, trailers, vending carts or like buildin�s or structures shall be utilized in conjunction with the use. � The use shall corn,ply with all of the �eneral standards contained in section 41.052. (3 ,439)Vehicle service may be allowed within the beach commercial, general commercial, downtown/mixed use, highway cornmercial, in�ll cornrnercial, commercial center, urban center (core), urban center (eastern corridor) and limited industrial districts, subject to all of the following: (a) All service bays shall be located within an enclosed building and all servicing shall be conducted indoors. (b) Entrances to any service bays shall be appropriately oriented with respect to adjoining uses. (c) All used tires, parts and similar objects shall be stored in a building or other enclosed structure. (d) Careful distinction shall be drawn by the board with regard to the type of service to be performed. Major repairs, including engine or transmission dismantling, painting, body, fender, muffler, top and upholstery work, shall not be allowed unless specifically permitted by the planning and zoning board. (e) The use shall comply with all of the general standards contained in section 41.052 r��,�o,.�;,,,�«,� „� *,,;� �o,.*;�„ (353-�)Veterinary offices may be allowed with the limited office, general office, general commercial, downtown/mixed use, highway comrnercial, infill commercial, commercial center, neighborhood commercial, urban center, and beach commercial districts, subject to all of the following: (a) All activities shall be conducted within soundproof, air conditioned buildings with no outdoor cages, runs or other outdoor facilities unless determined by the planning and zoning board that such facilities are located and screened so as to not adversely affect the use, enjoyment or value of surrounding properties. (b) There shall be no overnight boarding of anirnals unless determined by the planning and zoning board that such boarding facilities are sufficiently ,. (c) soundprv�fed and air conditioned and are made available only to animals requiring veterinary tre�tment. The use shall comply with all of the general standards contained in section 41.052 . -: -.: :.- :: :- : ,- : : -: -.- : : •,- � : • , : : : : : . . i w� i � � (3G�)Wholesaling/distributing facilities may be allowed within the general commercial, highway commercial, and in�ll commercial districts, urban center (core), and urban center (eastern corridor), subject to all of the following: (a) (b) (�) The size, mass and scale of any structure used for such activity is cornpatible with surrounding structures. The proposed access, site design, and vehicles used in the operation are cornpatible with surrounding uses. The use shall comply with all of the general standards contained in section 41.052 . * * * �x * Sec. 41.161. Horne Occupations. * � * � * (4) Standards. All home occupations shall conform to the standards enumerated as follows: � � � � � (b) No persons other than family rnembers residing within the dwelling unit shall be engaged in the occupation, unless the occupation is a service conducted away from the prernises of the applicant, in which case �--��ee additional employees may be engaged in the occupation provided such employees rneet at the� site where the service is conducted and not at the home where the occupation is licensed. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Cornprehensive Plan. 50 � �._.N ................... .... . Section �. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING January 18, 1996 PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Approved as to form and legal sufficiency: Leslie Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk 51 . ,. . ! � a ��. ❑ 0 '� r, . 3r,i • . V::. Rj� �}t i1' �;i :� f;•r . 0 �AT � .-� . � �� � ... � � � � / • , � VI � ! � .. ����� � � .i, ,� �. �� o -���`a� � Clearwater City Commission Agenda Cover Memorandum SUBJECT: PASCO GAS SALES OFFICE & OPERATIONS CENTER DESIGN Item #: Meeting Date: �' / RECOMMENDATION/MOT10N: Approve the funding of a Work Order to Post, Buckley, Schuh &)ernigan, Inc., Tampa, FL, who are the City's Engineering Consultants of Record, to perforrn the architectura! and design work for the Pasco Gas Sales Office & Operations Center for an estimated amount of $59,100, � a�d that the appropriate offic+als be authorized to execute same. �ACKG ROUND: * Land was purchased on an earlier agenda itern at 7302 U. S. Highway 19 in New Port Richey to build a new Clearwater Gas Systern (CGS) Pasco Gas Sales Office to serve our southwestern Pasco County gas customers. * This agenda item will provide the necessary funding to design the new Pasco Gas Sales Office & Operations Center building of approximately 5,000 square feet and provide the required parking, landscaping and retention. This building will also include an appliance showroom similar to the Pinellas Gas Sales Office. * Post, Buckley, Schuh and )ernigan, Inc. (PBS&J) will provide the necessary architectural, structural, mechanical, electri�al, interior, civil and landscape engineering design for the building and the associated site irnprovements. The PBS&J work order estimate is $59,100. * The PBS&) interior design will include the closets, cabinets, shelving, and other permanent furnishings which are attached to the building, but excludes interior equipment detail specifications for portable items such as the chairs, tables, displays, rnodular workstations, etc. We will include all furnishings in the final construction esti mate which we wi (I bring back to the Cornrnission at the conclusion of the architectural/engineering design. * CGS does not anticipate using any of the optional services which are mentioned in the PBS&) work order. * A first quarter budget amendment to transfer $59,100 from Gas Revenues to a new CIP code 315-96322 called Pasco Gas Building, Land, & Equipment will be submitted to fund this project. * Monies for this purpose were included in the FY 95/96 budget to be funded by a Gas Systern Expansion Bond Issue. These bonds are projected to be sold in the third quarter of FY 95/96. * The transfer of Gas Revenues for this project is, in effect, a loan from the City's cash pool, and is anticipated to be an interirn solution as these monies wiii be reirnbursed to the Gas Fund once the new bond monies are available and the Gas System Bond Funds are established. Reviewed by: Origi�ating Department: , Costs: Commission Action: Legal N/A Cleanvater Gas Systern v��`` Estimated $59,100 ❑ Approved Budget Total ❑ Approved with Conditions Purchasing User Department: Estimated �59,t00 ❑ Denied Risk Mgmt. N/A Cleanvater Gas Systern Current Fiscal Year ❑ Continued to: IS N/A Funding Source: ACM � Capital Improvement: Engineering , � Advertised: ❑ Operating: Date: ❑ Other: Ariachments: � + _'} Paper; Submitted by: � tVot Required Appropriation Code PSS&) Work Order ��--- Affected Parties 315-96322-561300- �/j� �' ❑ Notified 532-000 � None City h�f�ager � ❑ Not Required � Printed on recycled paper . � ' B CKLEY, � SCHUH 8. jERNIGAN, INC. November 3, 1995 Mr. J. Terry Neenan Dicector of Gas Supply & Operations ' City of Clearwater " 400 North Myrtle Avenue Clearwater, Florida 34615 Reference: New Port Richey Site F'uial 'Work Order Dear Mr. Neenan: � ■ ENGINEERiNG !' PLANNING Transrnitted herewith are 2 copies of the work order package for the PBS&J effort at the New Port Richey site. The total compensation has been adjusted in accorda.nce with our discussion from earlier today. Please contact me with any questions on the enclosures or our projected work effort. We look forward to working with you on the development of the New Port Richey site. Very truly yours, POST, BUCKLEY, SCHUH & JERIVIGAN, INC. cc: Rich Baier, City of Clearwater Jim Kennedy, PBS&J File Y:COMMON/CIRWIR/ADMINMIS/NPR OAS.LTR � 5300 W. CY('RESS STREET. Sl!(TE 300, TAMPA, FLORJDA 33607-1066 • TELEt'HONE: 813/877•7275 • FAX: 813/873-01 T9 i { 1 i a � � y 1 CITY OF CLEARWATER ENGINEERING DEPARI'MENT PBS&J WORK ORDER I.TIITIATION FORM Date: Novernber l, 1995 PBS&J Proj�ct No, Ciry Project No. 1. pRO���TL�:, Proposed Gas Service Center in New Port Richey 2. �COPE QF_WQRK: PBS&J shall provide �rchitectural, structural, mechanical, electrical, civil and landscape design for a new SOOOftZ(+/-} building with t�ie associated pazking aad driveway access. A. more detailed scope of services is attached 3. PRO�ECT GOALS� To prepare plans aad technical specification suitable for the construction of the proposed building and site improvements and to secvre the approvals of the City of New Port Richey, FDOT and SWFWMD. . 4. S_ A maxirnum fee of $59,100 has been established for this work order. ��p�� Tbe schedule shall be mutually agreed upon prior tv begirming the project. � �-�Y�•�t 17�`�-�7:�•��c�`►Ju ���11 �� : � • � ; . . . .. . • . 7. CORR�SPONDENCElREPORT,j�TG PROCELi'JRES � Correspondence will be sent to Cbarles Warrington, Jr., Managing Director and Executive O�cer of Clearwater Gas Systern, with copies to City Eagineer, Richard Baier. 8. j�TyOI�ING PROCEDURES: The budget for this work order is �59,100. Invoicing Method B, Lump Sum, shall be used for project invoicing. 9. ,�PECIAL CONSIDERE�T_IONS : The City wi11 provide PBS&J with a survey of the site with a legal description. An eavuonmental site assessment, if required, will be performed by others on behalf of the City. Bidding and construction phase services are excluded from this work order. � � '.•� • �i'. _ II ��►i7:�111 ..� �- - .� �-� PREPAR,ED BY: City: ' � �:Y:�co�tarncr�xwA��woxxoRn�c�.wcasBO.wo . .� . � ARCHTTECT�JRAL AND ENGINEERING SERVI�CES FOR THE PROP4SED GAS SERVICE CENTER FOR THE CITY OF CLEARWATER Scope of Services Post, Buckley, Schuh & Jernigan, Iac. (PBS&� will provide architectural, landscape architecture and engineering services for the above listed projec� The proposed facility will contain approximately 5,000 square feet on one floor level with open retait sales space, sales consultant work stations, offices, conference room, and lounge room. I. ARCHITEC:7f URAL SERVICES PBS&J will provide professional services set forth in the followi.ng Phases enumerated berein�r, includi.ng architecture, structural, mechanical, and electrical eagineering including site lighting required for the above mentioaed project. A. PROGR.��iING - PBS&J shall confer with representatives of t�e Ciry to establish the Progracn, c�nsisting of a detailed listing of all functioas and spaces together with the square footage of each assignable space, goss square footage, and a description of the relationships between and among the principal program.matic el�ments. B. SCHEMATIC DESIGN - PBS&J shall prepare and preseat, for approval by the City, a Design Conc,ept aad Schematics report, comprising the Scheinatic Design Studies. 1. The Schematic Design Studies shall consist of site and floor plans, elevations, sections, etc. as required to show tbe scale and relationship of the components and the design concept of the whole. 2. The Sraieinent of Probable Construction Cost shall include a summary of the _ estimated cost of the building. � �i � � � u! �!►1. 1. From �e approved Schetnatic Design documents, PBS&J shall prepare and present to the City, Design Development Documents, comprising the drawings, outline specifications and other documents to delineate and describe the size and character of the entire Project as to structural, mechanical aad electrical systerns, constructioa and fin.ish materials and other iLems i.ncidental thereto as may be appropriate and applicable. 2. At this presentation PBS&J shall also submit an updated Statemeat of Probable Constructioa Cos� �.y:�cot�ornc�wA�xvscoP�a..waas.sos -1- D. .ONSTRLI .TION DOG��N"_1'� D�VELOPMENT - From the above approved Design Developm�nt Documents, PBS&3 shali prepare the Final Construction Documents setting forth in detail the requirements for the construction of the Project including the necessary information for bidders. l, 50% Construction Documents subrnittal: PBS&J shall make a SO% Construction Documents submittal, for approval by the City, which shall include drawings and ihe Project Manual (Specifications) using CSI Standards, including the 16-Division and 3-part Section format. � 2. 100% Construction Documenis Submittal: Ugoa 100% completion of the Constiuction Documents, PBS&J shall submit to the City 3 sets of Drawings and Project Manual (Spec�cations) for final review and comrneats or approvals, together with a final, updated Statement of Probable Construction Cos� Final submittal shall include one set of reproducibles with all drawings on diskettes. Ii. SI'I'E/CIVII., ENGINEERING AND LANDSCAPE AIEtCHTTECTURE A. �RFT.I�IARY SI'TE PLAN (PSPI - PBS&J shall prepare a PSP to show the buildiag, pavement and parking. The PSP shall be developed to meet the d�.sign criteria, zoning requireanents, and other regulations of the City of New Port Richey. This work will i.nclude geometry of all paved areas, tr�c islands, and parking facilities. The PSP will be used as the base map for fiaal construction plans. B, CnNSTRU TION DR1�WINGS°- �PBS&J shall �prepare constructioa plans and techni,cal- specificatiozi.s for paving, grading, drainage, water and sewer iinprovenzents within the parcel, Included will be the stormwater detention facilities, , FDOT driveway connection to US 19 and a co�ection to the City street. � M_ .1� :. -- � � The boring and sampling operations should be conducted in general accordance with Sta.ndard Penetration Test (SP�') procedures designated in ASTM D-1586-67. Soil samples should be obtained in all SPT borings continuously in ttie upper 10 feet of the borings aad at 5-foot depth intervals thereafter to an QY�L's�ll v11I�lL� depth of 15 feet into �uitabl� materials. Each saznple should be removed from the sampler in the field, exanni.aed aad visually classified by an experieaced engineering geologist. Representative portions of each sample should b sealed and pa�kaged for trn.y,1COI►i.'�tON1CLRWATERISCOPF.SICLWC3AS.SOS '2' transportation to the laboratory for further examiaation and visual classification by an experienced engineeri.ng geologist. The actual number, location and depth of soil borings, should be determiaied by the geotechnical engineer based upon his expert knowledge, evaluation of available published reports, and data obtained in the field at the time of exploration. It is anticipated not more than two (2) borings (at opposite building corners) would be required for th.is project: The results of all boring sampling operations are to be included on Soil Test Boring Recards (Logs). Groundwater observations are to be made in the borings in order to obtain the elevation of the grouadwater table, Based oa the data obtained in the field exploratioa, subsequent laboratory examination, and the geotechnical engineer's experience with similar developments; an Engineering and Evaluatioa Report should be prepared which shall include but not limited to: � . 1. Site conditions description. 2. Subsurface conditions descriptioa. 3. Evaluation of subsurface conditions addressing: a. Foundation design recon�iendations inclusive of �wable soil beari.ng capacity for anticipated spread and wall strip footings. b. Maxi.mum anticipated total aad differential settlement within the limits of the buildi.ng, based oa estunated dead aad live loadings. Settlements shall be classified as Ioag or short term. c. Fill and compaction requirements, for the building travelways and parki.ng lot. . d. Recomrnendatians �-of minimiina pavement cross-section, based on existi.rig soil conditions, proposed fill material aad expected tr�c loading. e. Estimate of ground water flow to be expected during trenchi.ng for installation of foundations a.nd underground utilities. An opin.ion concerning the need for dewatering during construction should also b� given. f. Other perti.nenfi data as deemed necessary to design the building foundations, txavelway, and parking lot pavements. g. L'units of muck or other unsuitable material on the site (if any). h. Observed groundwater and seasonal high water elevations at all boring locations. tm;y:\COMMONICLRWATER�.SCOPES�CLWOAS.SOS '3' D. PERMITTIN - PBS&J shall prepare permit applications and file appropriate construction drawings and technical specificadons for construction approvals with the following agencies: 1. Southwest Florida Water Management District �SWFWIVID) for Managemeat and Storage of Surface Water (MSSV� Permit under Chapters 40D-4 and 40D-40, F.A.C. 2. Florida Department of Transportation for a driveway connection to US 19, 3. City of New Port Richey .site plan approval and coastruction plan approval for the site improvements. City understands that PBS&J has no responsibility or control over the final issuance of permits. PBS&J will coordinate �vith regulatory agencies preceding and during the permit review process in aa effort to expedite favorable approvals. . E. I�ANDSCAPE DRAWINGS - PBS&J shall prepare landscape plans and technical specificatioas for the parcel perimeter aad parking areas in the site plan to meet the � minimum requirements of the City of New Port Richey. IIL OPTIONAL BID AND CONSTRUCTION PHASE SER�ICES These optional services can be provided upon request by the City, but are not iacluded in this scope of work. INFOItMATICIN T4 BE F'UItNISHED BY THE CTTY A. City will allow PBS&J access to property to perform necessary activities. B. City wi]1 provide to PBS&J, for the purpose of design, boundary and topographic . surveys. C. City will pay for all permit fees. D. City shall provide full information regarding requirements for Project including City's objectives, schedule, constraints and criteria. E. City shall authorize PBS&J to subcontract with a geotechnical engineer. �� ta�,y:1COMMOMCLRWATERLSCOPESICLWCiAS.SOS '4' � n SERVICES NOT INCLUD�D A. Making revisions in Drawing9, Specifications or other docurnents when such revisions are: 1, iaconsistent with approvals or instructions previously given by the City, and the .concemed approving government authorities including revisions made ' necessary b� adjustments in the City" 's prograzn or project budget; � 2, required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such docurnents; or 3, due to changes required as a result of the City's failure to render decisions in ` a timely manner. B, Providing services required because of significant changes in the project including, - but not limited to, size, quality, complexity, the City's schedule. , .� , . C. Preparing docurnent� for alternate, separate or sequential bids or providing secvices �� " in conaection with bidding, negotiatioa or constcuction prior to the completion of the Constivciion Documents Pbase. D. Providi.ng services duri.ng Bidding aad Construction phases. E. Providi.ng services relative to future facilities, systems and equipment. F, Providing analyses of owni.ng a.nd operati.ng costs. ! G. Providing i.nterior design and other similar secvices required for or in connection ; with the selection, procurement or installation of furniture, furnishi.ngs and related equipment. H. Providing a.ny services related to a liquid propane gas storage tank. I. Providing aay other services not otherwise included in this Agreement or not wstomarily furnished in accordaace with generally accepted architectural prac�tice. ' The above services caa be provided as additioaal services ta tlus agreement if requued by the City. tm.y.1COMMO2V�CLRWATERISCOPESICLWC3AS.SOS -S- 0 � CTTY �F CLEARWATER GAS SERVICE CENTER Lurnp Se�m Fee Cornpensation Distribution I. Architecturai Servic�s A. Programming B. Scheznatic Design C. Design Development D, Construction Documents II, SitelCivil Engineering and Landscape Architecture A. Prelinainary Sit� Plan B. Construction Drawin,gs . , C. Geatechnical Services {inciuded in reirnbursable expensesj D. Permitting E. Landscape Drawings Reimbursable Expenses - M'iscellaneous Geotechnical Subconsultant Reimbursabl� costs i.nclude: out-of-pocket expenses, the cost of which shall be itemized and included in the i.nvoice, Typical expenses shall include, but not be limited to non-local, job related mileage, at the prevailing ailowable rate, long distance telephoae calls, courier, pri.nting aad reproduction costs. Total �:y:�co�ornc�wa��scop�cLwaas.sos -6- I�umn Sum Fee $35,300 $20, 800 $1,000 $2,000 59 100 ; i : 4 ;1 -. . ... �� � .. �.► rR -� � - � ��ir- �� � ✓ 09 ��. � � . . ..o:. �..i� - ... . • �11/�I�Of�ftiN?:� ...—. ._ _, - ��t Geol�Itt�l�catl � Conatruction C�etsuittno • �arl.+ese�nv • 'f'f�stinv September 12, 1995 Pvst, Bucjcley, Sebub & Jeraigao, tnc. 5300 W. Cypress Street Suite 300 Tampa, Florida 33607•IOES Aitendon: I�ir. Andy Granwood 0 RE: Subsurfacc Explotation Proposal , New Pori Richty Gas Servlce Ctnter IdIew Port Richey, Florida pSt proposul No, 099516.480 Dear Mt. Qr+eenwood: As pet your requcst, PSI is pleased to submit the following proposal for performance of a subsurfaca exploration at the sive of thc referenced piojxt. We understand the property is rezdily ac�essibl� to truck-mounted equiprnent, The subsurFacx exploration will be conduct� to provide information noedcd in thc design of a�st effcctiva foundation system for tf�e � proposed CBS building. We are familiar wift► Iocal subsurface conditions and hava participated in the plzntinE� dsvelopment aad execution of found�don evaluations in ihe projxt area, In �ddition, our en�inxrs have prnvidcd racamrnendations for foundacion design criceria and construcaon consideratioc�s for projecis similu to the one proposed. Our ]abor�tories are eqvippal with modun soil and rock testing apparatus arid field explorati�n prograrns are conducted witt� mod�rn drilling equipment. Fi�id and testing acavides ar�e perfonned by traYned, qualified tedv�icians under th� guidanca and supervision of prafessional • enginccis. � . '''� ,. . :; :: �: t': . . . . ':.' . �si • sao+ e�,,w�+ ce�:er �rtie. s�e i��•�aa. Fl 33E34 • Pttone 8t�/bl8-1076 • Fyt e13�eQ68St4 • 0 ❑ '. � . : � • � � .. ' ' P ' . � ' , r. � , .. ^ : � � �? : : : . 1 •r • � G : G ? 1 � � " . � � �+ A ' Pou. 8ucicley, Schuh dc Jemigan, Inc. PSI Propasal No. 099516.450 Page Z of 6 '�� � =-s�� The projat, as we �undentand it. is locaced in Nevv Port Richey. Flor:da. This prajecc is pUuw�d to cansist of cosu�vcsing a singk-story strucaue and an 3djac�t asphalt paved par3dng • aira. The sa�uwre is a�pe�tcd to encompass an area of appro�rtmately S,000 square feet. Primary suppott of tbe itructurr is expected ±o be provided bv load braring masonry walls. The iloor of the building is anticipat�d to be constiuctr,d as a slab-on-grade mtrnber. K� �. /i �� * The p�trpose of this study is to obtain information on thc general wbsurfacc conditions at the proposed praject site. The s�bsurface macerials encounterreaid will th� be �valuatod with respxi W the available project characteristics. In t�is zegard. engin�ering assessmaits for the following items will be fornwlated: 1. Feasibility of utilizing a shallow four.dadon sysum fo� suppon of the proposed scructwre, with a siab-an-grade tloor member. Z. Design par�ttneters requircd for the founda�ion sysum, inclu,ding aDowable beazing pressures. foundation levels and ex�ecud seulements. 2. Detp foutidasion systems evaluations and analys�s. The Tecomaunded foundation rystcm will inctud� desig�, dimensioas, arininzum tip elevation, a�cial and lateral capaciaes and total stttleraeat. 3. Soil subgrada prcparation, including s�ippir►g, prubbing and compacxion. Enginoanng criteria for placement and compaction of , , approvod struetural fill rtia�erials. 4. Suitability and availability of materials on -site that mav be moved during siu grading far use as scructural fill in ihe build.ing azr�, as pavemaRt subgrade fill. and as gc:�eral bacl�'�il. n :■ :■ . . • :k� : _ � _ ..:? rr �: 1 • rri�ir., •,, ; �,p��;, �.. ia� �7:.� 1': : � � . . Pcst, Buc�Cley, Schuh k lemigan, Inc. PSI P`roposit Aio. 099516.480 Page 3 of 6 S. General location and dcsczigtion of pocentially dticserivus materials encounveird in the bori�gs which may interfser�e with construction progres,s or structure performana, inciuding racisting fills o�r surficial o:ganics. 6. Identific.ation of sorne eri�ic�al design or conswction � deta,ils, inetudir:g gtour�dw�ter levet.s (seasonal fluctuationa). 7. Geaeral pavement desigA and canstruction suggestions, considering the ancountarai subgrade soils and tfie rneasured groundwacer cond'uions. Actual pavement d�sigri will be perforrned by ochers. 1'he followin� servicrs wiU be prov:aai in order to ac:ueve c�e prece�ding obj�tives: 1. R�view rcadily availahle published g�ologic and topographic i�farn�arion. This publis�al information will be obtained frvm "Port ]Ri�y, Fl�rida" Qvadn�ngle Ma� publisfied by the UniLed States Geological Survey (USGS) and "Soil Surv�y of Pasco Cotmcy, Florida" published by �e United Stase� Dcpartmertt of Agriculture (USDA) Soil Conseivation Servic� (SCS). 2. F.uxuu z pro�ram of subsurfacx exploraaon consisting of suasurfut sampling and fuld testing. we propos+e tio perform two (2) St�nd�a�rd Penetrati,on Test (SPT� borings in the suvcture area; rarh b�ring wiu extend to an: approximate depth of thirty (30) fett. Itt eac��baring� samples� will be collectod and Startciard Penetration Test resistau�ces w�l be measur�d viswally conanu,ousiy for che top ttn (1�) feet and on intervals of fiva (5) fixt �, 3. Visually Glassify uid sLatify represcns,ative so� samples in the 1�baratiory asing tha Unificd Soil Classifica�ion Syatem, Conduct a limited laboratory tesDRg prog�am. Idmtify soil conditions ac �ach borit�g tocation and form an opinion of dze site soil stratigraphy. 4. Colloct eroundw�tet level measu:ements and esbmatc normal wct sr�.sonal high groundwates tables. 0 . . � . v . � � � � . 1' P - . t - � r � . M Post� Buckl�y, Schuh dc Jrrni�a,n. Inc, PSI Propvsal No. 499516.480 Pa�e a of 6 � < nl . ^.?:::11�r 1'� GCr : . :�;1 S. The tesults of the fieid ezpioracion and laboratory tcsts wiil b� uscd in � the engineuing analysis and iri the forrnuladon of tha racommendations. The resulu of the subsurra�e cxploration. includi.ns the rccvrnmeruiabons and the daca on whieh they arc basod, will be presentod in a written repors pre�ared by a prvfessiona! p�ginc+er. 0 � rir Assuming normat wtather �nditions, approx;mately one (1� day would be seq�ued to com�le,te the held woric. I.abo�atory tesan� and repvrt d�ve:opment would require an additional two (�) t� thrte (3) waeks. Curre�tly, our drilting depa_-tment is scheduling thc drill ri�s and crew for the wer.Y b�girming Septcmbar 18, 1995. - Sen�ic� F'ae - It is propostd that the fee for the performanct of tho above-outlincc� servicrs be detennind on a unit prica basis, ia a�.�rdaacz ra+ith owc anachcd Schedule� of Sen►zces and Fees and Fea in zcc�rd�na with our 1995 Fa Sc�odule for ;lu City of Clearwaur. Copies of ot�r Seher��is of Servicas and Fas� are enclose� � herewith and incorporatcd by referertce into this ptoposal. On the oasis of the cstimatcd quantiaes and che ScheduIe of Services and Fxs, it is estimated that tl�e mtai fee will be $ 1861.50. ' 0 � ' , . s • � � � w � ♦ � � ' Post, Buc�ciey, Schuh dt Jeraigan, Inc. PSI Pro�l 1Vo. U99516.480 Page S of 6 • 1 � � • � � • � A • � • � V Y� � i � • � , . t i t i We appreciaze the opportunity to offer our services to Post, Buckiey, Schuh �: Icrnigan, Irte, �ind �hc City of Clearwat�r and look forward to wor�dng with you during the design phase. Shvuld you have any questions in regard to this proQosai, plcasc do aot hesitate to contact this offica. Re�pcctfuUy submitted, �t �1 , . . ' Senivr Geot,ochnical Engineer Florida R.e�istrdtiod No. 4S+6fl3 i' % 4� - v. Disz�icc Mu�agex . . g Services KS �I.PM/A VJlbym: fl99516. 4 80 C 0 . ,c�,�.� P. M re� P.E. ' • Department Manager Geotechnical. Setvicts Florida Registration No. 47673 . 0 i� ; � i ; 0 Post, 8uclr.ley, Sehuh & Jernigan, Inc. PSI Pcopaaa! No. 499si6.�i8o P�ge b of 6 . . . . • � � � - , . .. .... � _ . ATT �CH?VXE��'T A � SCHEDUL� OF SERVICES AND FE�.S NEW PORT RYCHEY GAS SERYICE CFNTER �TEW PORT RICHEY, FLORIDA i _,_,_,F1ELD �GATiON r . , . - Unic Total Q�santiry � Unit Rate Cost 1. Mabilization of Men dc Equipment l 'i'rip S ZS0:00 S 250.00 2. 8oring Locasiom and Utility Coordination Enginetning Txhnician � Haur S 35.00 S 70.0� 3. Siandard Penetrition Test (SP'T) borings � � 0 w SO Feet Deap 60 L.F. S S.ZS S 495.00 50 to 100 Fzet Dee� 0 L.F. S 10_75 S 4,00 a. Seal Bore.holes with CemenVBcntonite 0 to 50 Feet Deep 6�J L.F. S 3.50 S 210.00 � SO �0 100 Feet Dee,p 0 L.F. a 4.25 $ O.pO S. CasinE Allowa�u�e � C1 to SO Fat Dxp 0 L.F. S 6.50 S �.00 SO to 100 Feet Dap 0 L.F. S 6_00 S 0.00 SUBTO?AL FIELD I�NEST'IGATION S 1,025.00 �AB4R�'_QRY� G � I. Nattcral Moisture Contcnt 2. Atsrarbcxg Limits 3. Mochastical Sicve Ana�lysis iy �___(�� :f�����] S��C� 1. Projtct Manage.r 1. Froject En�irk-,�r 2. Draf�s►� S�rvices 3. Sacretarial Servias _ �• 1 Ea. � 6.50 S 6.50 1 E�. � 65.Q0 S 65.00 3 Ea. � 50.00 S 250.00 SUBTOT'AL ? AB4RAT�RY TFSTING � S 22150 1 Hour S 95.00 S 95.00 4 Hour S 75,04 S 300.00 4 Hour � 40.Q(J S 160.00 Z �our S 30.00 S 60.00 SUBTOTA�. ENGII�dF.�RING SFJtVICES S 615.00 TOTAL ALL SERVICES S 1,861.50 0 �� # T OT�L �FGE . �Oc �+ �► ;■ � "3�1 �.� J �� � , .�r;� � Clearwater City Comrnission Agenda Cover 1Vlemorandum SUBjECT: 12 INCH BLACK POLYETHYLENE PiPE FOR PASCO RiVER CROSSING �t�t11 �: Meeting Date: � � ��� RECOMMENDATIOf�I/MOT10N: Approve funding and a�firm a contract to purchase 1,200 feet of 12 inch black Polyethylene pipe to Consolidated Pipe and Supply of Birrningham, AL, at an estirnated cost of $18,924, which is the lowest and most responsive bid received in accordance with specifications, ❑X and that the appropriate oificials be authorized to execute same. SUMMARY: * This purchase was previously approved by the City Manager as it falls within her authorization levels and this material is part of the Pasco Strategic Plan previously approved by the Ciiy Cornrnission, * The necessity of this agenda item is to approve the interirn funding source. * A first quarter budget amendrnent will be subrnitted to transfer $18,924.00 from Gas Revenues to CIP code 3 1 5-963 20, Pasco New Gas Mains & Services. * Monies for this purpose were included in the FY 95/96 CIP budget to be funded by a Gas System Expansion Bond Issue which we are projecting to sell in April, 1996. * The transfer of Gas Revenues for this purchase is, in effect, a loan from the City's cash pool. * This is a interim solution as these monies will be reirnbursed to the Gas Fund once the new bond monies are available. * Install a 12 inch Polyethylene (PE) casing for a subaqueous crossing under the Pithlachascotee River on US Highway 19 to serve the City of Port Richey. * This 12 inch casing is necessary to install a 6 inch gas main under the river, * A& L Underground, Inc., will install a 6 inch gas main along US 19 fr�rn State Road 54 to one half mile north of Ridge Road in Pasco County, including the installation labor to install the carrier pipe through this subaqueous crossing, which was approved by the Commission on a previous agenda itern. * Fife Industrial Pipe of Brandon, Florida submitted a lower bid, but the pipe material which they bid is not certified for gas service and therefore does not meet our specifications. Reviewed by: Originating Department: �� Costs: Comnnission Action: legal N/A C{earwaterGas System �/`�.. Estimaled $18,924 ❑ Approved Budget -L.r �� Total ❑ qpproved with Conditions Purchasing , User DepartmenL Estimaled 5 t o,924 ❑ Denied Risk Mgmt. N A Cleanvater Gas System Currcnt Fiscal Ye�r Q Continued to: IS N/A Fundin� Sourcc: ACM � Capital Imprcwcment: Other N/A Advertised: Pinellas County � Operating: Date: Review 9/8I95 ❑ O�h��r: Attachments; Paper; Tarnpa Tribune 9/1/95 Submitted by: O Not Required Appropriation Cade Hld 5ummary & Tab 159-95 Affected Parties 315-n632Q-5G2l100- �J ��� --� O Nvtified 532-000 [7 Ncm�� City M:�n;t er ,� [B] Not K��quired � Printed cm n�cycled paper , � * Clearwater Gas can on{y use pipe rnade of materials which are certified for gas use, which in the case of PE pipe has to carry a ASTM designation of D2513 as approved by the Florida Public Service Commission. * We are ordering 1,200 feet instead of the 4,000 feet of 12 inch pipe which was originally bid because an anticipated second project Clearwater Harbor Crossing was determined not to be feasible at this time. * We are recommending the alternate bid submitted by Consolidated Pipe and Supply, as this was the lowest bid that met specifications. � . , • .'�'` r . �� CITY O� CLE)►AN71'PSIt BL1►C1C POLY�1'liEL227= PIVI SID 1S9-9S OP�7�U 83PTHl�ER 19� 1995 ata �r�►s . ITEM N0. DESCRIPI'ION QUANTITY 1 8L71Q BOLYHTSSLINB 11 INCS p2pE 4,000 ALTERKATE SID D8LIV8RYt T8RM3 z ' SIIMMARY OF BID 159-95 BIDS SOLICITED: BIDS RECEIYED: NO RESPONS£: NO-BID RESPONSE: SIII�pi71RY OP 2i0 HIDS DO NOT OFFBR PRODUCT: 23 3 19 1 1 � , , � CONSOLIDATED PIPB FIFE ItiDUSTRIAL PIPE M.T. DEASON COMPANY BIRMINGHAM, AIJ�F3hMA HRANDON. FLORIDA BIRMINQWIM. ALAHAMA UNIT TOTAL UNZT TOTAL UNIT TOTAL PRICE PRICB PRICE PRICE PRICE PRICE 27.19 108,760,00 13,B7 55,480.00 17.25 69,000.00 ......�..■. .....■.... ..■....... PHiLLIPS M8000 PHILLIPS M8000 POLYPIPB 4810 N�DT GA3 PZPE 15.77 63, 060,00 ■�a�w��r��� PHIiLIPS 6800 4-6 WEEK5 4 WEEKS SEPT 12 NET 30 NET 20 NET 30 i�� �' ; �; i��til .� ��` � li �� � CLEARWATER CITY COMMiSSION Agenda Cover Memorandum Icem � Meetinq Date: 2 1 6 SIIBJECT: Parking Agreements for Spring Training of Philadelphia Phillies RECOMMENDATION/MOTION: Approve Agreements between the City and the Golden Cougar Band Boosters, Inc., the City and the Clearwater High School Band Boosters, Inc., and the City and the Clearwater Neighborhood Housing Services, Inc. for the parking of automobiles at this year's Spring Training season of the Philadelphia Phillies from March 1 through March 31., 1996 and that the approp�iate officials be authorized to execute same. . ► The City owns three parking lots that service Jack Russell Stadium. ► The Band Boosters of Clearwater and Countryside High Schools and the Clearwater Neighborhood Housing Services have been parkinq cars at Spring Training games for several years. ► The Band Boosters and the Neighborhood Housing Services will staff the parking lots, collect $3 parking fees, and after paying sales tax, will retain 60� of the remaining dollars and remit 40� to the City. ► ► The City's share of the parking concession is estimated at $22,000 for the 1996 Spring Training season. The attached agreements are identical to those of last year with the exception of dates. ► 16 Spring Training games are scheduled for Jack Russell Stadium in 1996 with the first home game scheduled for Friday, March ist and the final home game scheduled for Wednesday, March 27th. Reviewed by: Le�al Budflet Purchasinp Risk Mpmt. C1S ACM Other � �1� . � Submltted by: �� Me�apo� OriQinating Dept.:r Parke & Recre User Dept.: Parka & Recre Adverttsed: Date: Peper: x Not required Affected pertiea Noti�ed $ Not tequired Costa: n a oa u�rent Fundinp Source: _ Cept. Imp. ,_ Ope�atinfl _ Other App►oprietion Code: Comrntssion Action: _ Apptoved _,_„ Approved w/conditione _ Denied _ Continued to • Attechments: 1. Agreement—Golden Couqare 2. Agreement—Clearwater High School 3. Agreement—Clearwater Neighboxhood Haueing ! None Services �� ��, PA.RKING MANAGEMENT AGREEMENT THIS AGREEMENT made and entered into this day of , 1996 by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter called "City", and the GOLDEN COUGAR BAND BOOSTERS, INC., a Florida corporation not for profit, hereinafter called "Boosters"; W I T N E S S E T H: WHEREAS, the City desires to prov�de public parking for the spring training games conducted by the Philadelphia "Phillies" at Jack Russell Stadium; and WHEREAS, the City desires to cooperate in such arrangements with the Boosters during the year 1996; NOW, THEREFORE, The Parties Hereto Do Mutually Agree A.s Follows: 1. The City, for the purpose of public parking, will make available the following stadium parking lots and additional lots: A. The main stadium parking lot located between Phillies Drive on the east, Greenwood Avenue on the west, Palmetto Street on the north and Seminole Street on the south. B. The Ray Green Field parking lot located between Greenwood and Pennsylvania Avenues and bounded by Palmetto Street on the north and private property of the south. Said parking lots are shown on the map attached as Exhibit A. Public parking will be permitted on the Ray Green Field location 1 z provided that no parking will be permitted on the clay infield portion of the fenced-in sof�ball field. 2. The Boosters agree to be responsible for the orderly parking of all vehicies in each of the designated lots, The Boosters agree to coordinate all parking with the Clearwa�er Police Department to the end that an orderly flow of traffic is established in and around Jack Russell Stadium. To facilitate orderly parking at the Stadium, the Boosters shall hire th�ee (3) off duty police officers who shall be scheduled from 10 a.m. until the lots are empty after each game, and shall provide and retain, until the lots are empty after each game, a minimum ot (15) Booster volunteers to direc;t parking and to assist automobile owners as may be nECessary to reduce or eliminate the illegal parking of vehicles. The City, through its Police Department, will provide sufficient police patrols to further assist the Boosters in the orderly flow of traffic and parking around �he Stadium. 3. This Agreement shall commence �ith the first horne game of , the 1996 spring training season by the Philadelphia "Phillies" and shall terminate following the eigth home game of that sprinq season. 4. The Boosters, with the exception of the "reserved" parkinq lot, are authorized tio charge Three Dollars ($3.00 =$2."]9 plus $,21 sales tax) per each automobile parked at the designated � parking facilities described in Paragraph One (1). The Boos�ers shall make individual bank deposits coverinq all monies collected by the Boosters for each game played at the stadium and shall submit copies of each bank deposit slip to the City. The City shall make random counts of all automobiles parked in the City's parking lots. Copies of bank deposit slips and random counts of automobiles will be submitted to the City's Internal Audit Division for review and approval, From the gross revenues collected at each parking site the following division is to be made: Seven percent (7�� of the gross revenue shall be remitted to the City for payment of State sales tax, sixty percent (60$) of the remaining revenues may be retained by the Boosters and forty percent (90�) shall be remitted to the City. Within thirty (30) days following the end of ;� the season, the Boosters shall remit to the City a draft or check cavering the total percentage payments described herein. Although the Boosters will be responsible for the orderly parking og vehicles in the "reserved" parking lot, no monies will be collected '� by the Boosters from vehicles parking in said lot. Instead, this lot will be reserved for season ticket holders. The Phillies will collect $3.00 from each season ticket holder for each game played at the stadium. The Phillies will remit said monies to the City at the conclusion of the season. In turn, the City shall first deduct 3 seven percenti (7$) for the pa�nnent of state sales tax. Of the rarnainder, the City shall rernit sixty (60$) to the Boosters. 5. As part of their management function, the Boosters agree to hold in reserve fifty (50) parkinq spaces fronting on Phillies Drive. These spaces sha11 be free and for the use of officials, players, members of the press, visiting officials and groundskeepers. The owner of each vehicle permitted to park in one of the designated fifty (50) spaces shall be provided, by the City or by the Phillies, an iden�ification sticker which shall be displayed on the vehicle. 6. It is understood that the Boosters presently have in force a liability insurance policy which would apply to the activities proposed in this Agreernent. The Boosters shall provide ; 4 satisfactory evidence to the City prior to the start of the first ! � garne that it presently has in force a liability insurance policy in � , a minimum amount of $500,000 naminq the City as an additional ; insured for all personal injury and property damage claims that might arise during the term of the Aqreement. 4 � IN WITNESS WHEREOF, the parties hereto have executed this Aqreement as of the date first above written. Countersigned: Rita Garvey Mayor-Commissioner Approved as to forin and legal sufficiency: Pamela K. Akin City Attorney Witnesses: As to City � As"to BQOSters H:�QATA\WPFILES\MGOHEEN\PKG-CSHS.WPS cJ CITX OF CLEARWATER, FLORIDA By Elizabeth M. Deptula City Manager Attest: Cynthia E. Goudeau City Clerk GOLDEN COUGAR BAND BOOSTERS, INC. � � By ' � President i . Attest: � � Secretary 9Z 0 .: � Zf ,� : I I � � J� wn�a�ls ���ssn� ���r �� , .. J J � � g Y• � � �onToz � t ----------- � � --- T3ni�a _s3m��d -----____ I� �� , , . . . . .. L.. . J � � ��r����� f '' � � . . � `r•`o � � � � •.t 10 ti. � � .��� 0 {� � n , �-�a �S v �, `v � . rJ � � � Z, � S•Z9 p.. I ; 3nr�v � . , . � ocQ-telv" � _k • - � •• � Y101 . � .� .- jtOt � -- o�or r'i '' aoo� � ''t"-^'� � � � � a� � N 9001 . I ���, � u-�,,c� �-�� �� � .l , 0 2 ; • � .. r- .. . ri � � ° °w o . _ � �_ � �..'��-rX� �� . ..- �3nN�nY .:�. �J o 0 0 . 'r o► � � b • ti °o . r a O O O q �` � V�I t► a�� w w w �� r r -�z�--- �-i °� � �, o4�u���� —,. l0 . ^ ^ � n � '���,�q h���vvv-� a .. . ' � � �O h v a �O ^, O � .. 0 f o � � 09 --- ^ d o, � o �o � �n ' � �° �o b = O i � �p b � ^ � � � ._ r- • C O N � '` J,,.., r .� J C n e � � ; � w , �� � � � �o � r.: � .� : • .. .. .� �p v �p : ; ,� � � :� O > � .: i: i ✓ N h : t� �. �+ � .. .r O � h h � � � � ° � � � . o ^ o W � N M � ^ 09 � T „ e ., _ d ►. �O �O N Yi M � b ~ o p, o h � �lOr .- ' '" i�0 � � ` Nn — oo� M �• �00� -� soo� "' r = COO � .. .- �o N ^ h OC h $ YINY A �"' ��..•, , � C .� � � . � • ._ PARKING MANAGEMENT AGREEMENT THIS AGREEMENT made and entered into this '� �%� day of JG�✓� �.Q, � , 1996 by and between the CI TY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter called "City", and the CLEARWATER SENIOR HIGH SCHOOL BAND BOOSTERS, INC., a Florida corporation not for profit, hereinaLter called "Boosters"; W I T N E S S E T H: WHEREAS, the City desires to provide public parking for the spring traininq games conducted by the Philadelphia "Phillies" at Jack Russell Stadiurn; and WHEREAS, the City desires to cooperate in such arrangements with the Boosters during the year ].996; NOW, THEREFORE, The Parties Hereto Do Mutually Agree As Follows: 1. The City, for the purpose of public parking, will rnake available the following stadium parking lots and additional lots: A. The main stadium parking lot located between Phillies ; Drive on the east, Greenwood Avenue on the west, � Palmetto Street on the north and Seminole Street on the south. B. The Ray Green Field parking lot located between Greenwood and Pennsylvania Avenues and bounded by Palmetto Street on the north and private property of the south. Said parking lots are shown on the map attached as Exhibi� A. Public parking will be permitted on the Ray Green Field location 1 pravided that no parking will be permitted on the clay infield portion of the fenced-in softball field. 2. The Boosters agree to be responsible for the orderly parking of all vehicles in each of the designated lots. The Boosters agree to coordinate all parking with the Clearwater Police Department to the end that an orderly flow of traffic is established in and around Jack Russell S�adium. To facilitate orderly parkinq at the Stadium, the Boosters shall hire three (3) off duty police officers who shall be scheduled from 10 a.m, until the lots are empty after each game, and shall provide and retain, until the lots are empty after each game, a minimum of (15) Booster volunteers to direct parking and to assist automobile owners as may be necessary to reduce or eliminate the illegal parking of vehicles. The City, through its Police Department, will provide sufficient police patrols to further assist the Boosters in the orderly flow of traffic and parking around the Stadium. 3. This Agreement shall commence with the ninth horne game of the 1996 spring training season by the Philadelphia "Phillies" and shall terminate following the final home game of that spring training season. 4. The Boosters, with the exception of the "reserved" parking lot, are authorized to charge Three Dollars (53.00 =$2.79 plus $.21 sales tax) per each automobile parked at the designated � pazking facilities described in Paragraph One (1). The Boosters shall make individual bank deposits covering all monies collected by the Boosters for each game played at the stadium and shall submit copies of each bank deposit slip to the City. The City shall make random counts of all automobiles parked in the City's parking lots. Copies of bank deposit slips and random counts of automobiles will be submitted to the City's Snternal Audit Division for review and approval. From the gross revenues collected at each parking site the following division is to be made: Seven percent (7$) of the gross revenue shall be remitted to the City for paymen� oi State sales tax, sixty percent (6��) of the remaining revenues may be retained by the Boosters an� forty percent (40�) shall be � ; remitted to the City. Within thirty (30) days following the end of ; the season, the Boosters shall remit to the City a draft or check coverinq the total percentage payments described herein. Although the Boosters will be responsible for the orderly parking of vehicles in the "reserved" parking lot, no monies will be collected by the Boosters from vehicles parking in said lot. Instead, this lot will be reserved for season ticket holders. The Phillies will collect $3.00 from each season ticket holder for each game played at the stadium. The Phillies will remit said monies to the City at the conclusion of the season. In turn, the City shall first deduct 3 0 seven percent (7�) for the payment of state sales tax. Of the remainder, the City shall remit sixty t60$) to the Boosters. 5. As part of their rnanagement function, the Boosters agree to hold in reserve fifty (50) parking spaces fronting on Phillies Drive. These spaces shall be free and for the use of officials, players, members of the press, visiting officials and groundskeepers. The owner of each vehicle permitted to park in one of the designated fifty (50) spaces sha11 be provided, by the City or by the Phillies, ar. ic�entification sticker which shall be displayed on the vehicle. 6. It is understood tlhat the Boosters presently have in force a liability insurance policy which would apply to the activities ; proposed in this Agreement. The Boosters shall provide � satisfactory evidence to the City prior to the start of the first game that it presently has in force a liability insurance policy in a minimum amount of $500,000 narning the City as an additional insured for all personal injury and property damage claims that might arise during the term of the Agreement. 4 � s IN WITNESS WHEREOF, the parties hereto have executed this Aqreement as of the date first above written. Countersigned: Rita Garvey Mayor-Commissioner Approved as to form and 1ega1 sufficiency: Pamela K. Akin City Attorney Witnesses: As to City � -�-� to Boosters H:\DATA\WPFILES\MGOHEEN\PKG-CHS.WPS CITY OF CLEARWATER, FLORIDA By Elizabeth M. Deptula City Manager Attest: Cynthia E. Goudeau City Clerk CLEARWATER SENIOR HIGH SCHOOL BOOSTERS, INC. , �� t � ��- � � . ��� •_- - - - Attest: .� - Sec t ry 5 .� t�i v. � Q �� . r] � � O 5l � � � n �. rozt N "' r+ . . � / � , � L� . ' . I � w N O 6 � 00l tS4- 49 'a'0 U31r�rn . � ( � ���� I � � � . .� J� wnia�ls ���ssn� ���r ;� � �� � J J • � 7 �O Y �' O q ' ffu � 00%i <<3�112�a _S3fT11Hd --------- `�.�_ __" 1 ' . ,------- c��� � � ' tz1� J °� � ��'S�'�� C; � � ��� 1j Fzr L � , . Cn v. b • ut , � ` � � '`� `O '� � �3 J`�� O �l }� t� �, �-Ya �..,� 41.`Q � . fJ £ � so�, '' �o, � zr „ �, . ,� ..,..... , `Y� a.. I � 3nrr3nY ^ . . � � � k ozo-uco� �. ': •�� � f10t N .Ot .- �ro� ,� . . �- OIOt 110� � 8001 ( -�k-=-�� � �,� ���, N 900! L00 ( •`�'a\ � V�'�'� J � ��p - �' . � � . � p .- .... � � .- .- � � i .' 7 O � � ' A 1► � �.. , . . , . . �� � �d . `��....��X� � 3nN3nY. � ,N, , , �� O 0 v ♦ N 01 � e � ry 0 ry ` o 0 0 ° o o � � � p a a a�, r ��� �� � W � �� O O � � --�� °� � z �, oo������ -���.,b�l,��C��v-�� - � � - - _._.-�_ � v r� � � �O 0 W z 3 09 � h � � c . � .� � � :; � �_ Y � ( : � � c' r c 'O p� OC o o h h c� oi � � 1 r ll� � "r N .. — oa�4 � -^ LOO� v soor "' r S COOr � � N � O ^ � a h $ . rir�r� � tY C �� o � PAR�CING MANAGEMENT AGREEMENT THIS AGFEEMENT made and entered ir�to this day of , 1996 by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinatter called "City", and the CLEARWATER NEIGHBORHOOD HOUSING SERVICE, INC., a Florida carporation not for profit, hereina�ter called "Service"; W I T N E S S E T H: WHEREAS, the City desires to provide public parkinq for the spring training games conducted by the Philadelphia "Phillies" at Jack Russell Stadium; and WHEREAS, the City desires to cooperate in such arranqements with the Service during the year 1996; NOW, THEREFORE, The Parties Hereto Do Mutually Agree As Follows: 1. The City, for the purpose of public parking, will make avail.able the following stadium parkinq lot: City of Clearwater property located on the south side of Palmetto Street, northeast of Jack Russell Stadium. Said parking lot is identified as the "Palmetto Parking Lot" on the map attached as Exhibit A. 2. The Service agrees to be responsible for the orderly parking of all vehicles in the designated lot. The Service agrees to coordinate all parking with the Clearwater Police Department to the end that an orderly flow of traffic is established in and � around Jack Russell Stadium. To facilitate orderly parking at the Stadium, the Service shall provide and retain, until the lot is empty after each game, a minimum of (2) volunteers to direct parking and to assist automobile owners as rnay be necessary to reduce or eliminate the illegal parkinq of vehicles. The City, through its Police Department, will provide suificient police patrols to further assist the Service in the orderly flow of traffic and parking around the Stadium. 3. This Agreement shall commence with the first home game of the 1996 spring training season by the Philadelphia "Phillies" and shall terminate following the final home game of that sprinq traininq season. 4. The Service is authorized to charge Three Dollars ($3.00 =$2.79 plus $.21 sales tax) per each automobile parked at the designated parking lot described in Paragraph One (1). The Service sha11 make individual bank deposits covering all monies collected y i by the Service for each game played at the stadium and shall submit � copies of each bank deposit slip to the City. The City shall make randorn counts of all automobiles parked in the subject parking lot. Copies of bank deposit slips and random counts of automobiles will be subrnitted to the City's Internal Audit Division for revi�w and approval. From the gross revenues collected at the parking lot the following division is to be made: Seven percent (7$) of the gross 2 � revenue shall be remitted to the City for payment of State sales tax, sixty percent (60$) of the remaining re�enues m�y be retained by the Service and forty percent (90�) shall be remitted to �he > City. Within thirty (30) days following the end of the season, the Service shall remit to the City a draft or check covering the total perc�ntage rayrients described herein. 5. The Service shall provide satisfactory evidence to the City prior to the start of the first game that it presently has in force a liability insurance policy in a minimum amount of $500,000 naming the City as an additional insured for all personal injury and property damage claims that might arise during the term of the Agreement. 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the datie first above written. Countersigned: Rita Garvey Mayor-Commissioner Approved as to form and legal sufficiency: Pamela K. Akin City Attorney Witnesses: Li� �� �+1 � � Gerald J . Sp�.atro ., C� ,� � ���� As to Service /' Walter Campbell li:\QATA\WPFILES\MGOHEEN\PKG-NHS.WPS 9 CITY OF CLEARWATER, FLORIDA ay Elizabeth M. Deptula City Manager Attest: Cynthia E. Goudeau City Clerk CLEARWATER NEIGHBORHOOD HOUSING SERVICE, INC. �. B ` � �..-wit �, L ��'� Pres' ent W. Pearl John on Attest: / �i _'_ '� ._7 .. . . . . - - e' • . yc► � � cr ' ,i �nr�� .. ��� � � � �n ~ � . o F 1 ! n - ---� . � . � ,z�-------� -i °� � o ta s'F�` "? "� � � � � cv o I " � � �—n- or { _ c � � s 09 � v � � . �;�T��: � ' . ' � ` + � _ � . ^ 9oor �oP( � >� � voo� �db3�;!n�,�; �'� ��bi ^ too� ( � ' ' � r 00! 90�� ., ` ' �' Sool w � , i..:: , .- v, ° r z w n oo. o; ° � .; �'f�7 ��oM�' o, coo , ` � ' ,.'.' �� ro� -,� �,;tu; , , �_ :� 0� �oot� �� ,r. � - --� .. Q o O .�', 4� p' O O O ,(' Q.) • bR7 ��, Q: - l0 p' O � p W � t� r. h 1._ i� a� v� e 1 � '� Ot �n .,� 1'W. �ut� M• Ir r N►� nI•y�� •� �•invy:� Qr . � o � � � 1 �t-t��' �nN�Y ., -� � ���,, � �,�.. � a �" v�N � „ { � _ vn- � o e �o � "� ol � �a �o � N o N °p o 0 o dro o'_ o __ -q_ �► 6 � . �. .I �'� 0 0 o r-- o �. h n � �o w 1 a w a p� Q oOi � c0o a�o b w � �- O � �� f V�--� �'- I� Qr n' . rr"''' ,�� O � � • �SEAL"4 � c?��I, � r � � � �� � � 9�°��+rEa�`�� Clearwater City Commission Agenda Cover t�rlemorandurn l.� � L_� Item # Meeting Dote: � � � • -`-'�t � SUBJECT: Annual contract for purchase of brass water fittings RECOI�+Il�iENDATION/MOTION: Award a one-year contract for the period from 02/02j96 to 02/O1/97 for the purchase of rniscellaneoUS brass water fittings at a total estimated cost of $102,635.75 from B& H Sa�.es of Sarasota, Florida, which is the lowest, most responsive and responsible bid subrnitted in accordance with the specifications � and that the appropriate officials be authorized to execute same. SUNIl�SARY : ♦ Subject contract replaces a similar contract that expired 12/06/95. ♦ Brass water fittings are used throughout the water distribution systern on a variety of projects. Items are installed as part of the water service line from the water main to the meter. ♦ Recommended vendor submitted the lowest bid in conformance with specifications. Another vendor submitted a lower bid, but for fittings that do not r�eet specifications. Their fittings have proven unreliable and are difficult to install/maintain. ♦ Estimated cost of this contract is based on quantities anticipated to be required during the contract period. purchased, as needed, using a Water Distribution Stock removed from the warehouse, fittings will be charged to C.I.P. budget code. of fittings Fittings will be Code. As they axe the appropriate ♦ Sufficient funding for this contract is available from the following C.I.P. projects with balances indicated as of January 8, 1996: System R& R - Capitalized - $ 736,755 Line Relocation - Capitalized - 1,908,959 Meter/Backflow Prev. Dev. Changeout Program 188,565 System Expansion - 171,757 Reviewed by: Originating Dept: Costs: S 102,635.75(est.) Commission Action: Legal N/A Public Works Total ❑ Approved Budget "�-�' �, � ❑ Approved wlconditions Purchasing � 85.000.00(est.) Risk Mgmt. /A Current Fiscal Yr. � Denied CIS N A User' Dept: � Cantinued to: ACM N A• � Funding Source: Other N/A ❑ Capital Imp. ❑ Operating Advertised: � other water Attachments: Date: 11/3/95; 11/10/95 Bid Tabulation/Summary - Paper:Pin.Co.Review; Tampa Distribution Stock gid No. 28-9b ,�� Trib. � � Not Required ❑ None Submitted by: Affected Parties Appropriation Code: f'�� ❑ Notified 421-00000-141110-000-000 �� � Not Re uired Ci ty Mart�fjer q i i �. . � • . . . . . . . . . . , . . . . . . _ . , , . . ..�...s: i � � � � - 2 - ` � i � Main Construction - Bond - 2,120,118 System R& R - Maintenance - 149,635 Line Relocation - Maintenance - 288,426 These are the only account codes from which these fittings wi11 be charged. Funding subsequent to 09/30/96 will be included in Water Division's FY 96/97 operating buc�get request. � ;� ;s ;� � � yN A � �i q M ����� �7( LqC 01 4 � a M � � � � a M � � oa � �� � W � ���� � � � M � o~c � al � � �o a ~ �I � � a a � � N (r Q t+ W Fg M � � M �I ���a m R� W � � � al � � w � � al � � „ N N � a n a .� � � o � V w � n h ��a O N O O U1 O N O O O VI VI O O O O o O O O O o O p O O o O O N 1 O N O o ry N ry N � O N �` o O O O O O O Y1 O O O O O O N O O N 1 O f9 O O U1 t t(� � O O ei m V m O O O N 1(� 1` O O N ry m o fV N O ri 1 IV PI .1 fV V O V O �0 U1 O� �' T m N P U1 0� n PI ! .ti �O O� r-1 0 �f m 1` 0� 1 ry �'1 Y1 tV N A1 t� t'1 1f1 T 1� f�l 'P �0 N ri 0� o m r1 1�f Pf r1 �O p �O 1� m m lD 1 / .i N '1 .� m ry ./ m m m V rl .i ry N � � O� I� 1 N N � O 1 rl 1 o vi v� o� m.+ m v��n �n �o tv �n �n �n u o in o rv n n m o u+ o a m m u� .i �o .+ �o ti u� a�a o, ..� r n m r a r�n m�o �c m.-� o m r r m N f� H O (V O �`7 m fV .� �'1 V .�/ tD V • N �O N �'1 �P .y �0 v t0 �I t� T .i .i /'1 �11 rl �ll .i �'1 N .1 fV rl fV rl tV ri r/ r� r1 ra O O o O O N O N O O O UI O o O O O O O O O O O O o O O o O N 1 O O O O O 1� N 1� O O O P O O O O O O N U1 O o O p O O o N O fV 1 ry �0 ry � 1fl .1 ry .�/ O O 1� �0 ry T O m ry f �0 VI m O O� N �O m N �0 1A �� 1 O O O �-1 (V A1 N �'1 b 1� f � ./ m ri t�1 .1 M 01 P f�l r�1 o ra 0� �D o 1�1 F1 �D 1 fV �'I �1' �-I N tV !� f`1 rl /�1 I� �`) H (V V Y OI O 1` O (V fV r1 �0 1�1 1!1 I` m Y �O 1 1 .-1 CI .1 .i � fV ./ m m (� u1 .i rl N N rl r� T fV 1 � N .� O 1 rl 1 a0 r .i O� O t� O h W N m n PI rl ei nl �D �`1 n .i r1 N o� N �O ao R' r1 n o cv o�n o rv o� �v .+ n m��n n.� n u� rv m�n r r o.� o� �o o r m m �`1 P O 01 01 m o� �D PI o� .i nl O r 1!1 O U1 N .i r1 v r� �0 r� U1 ♦ �O m .1 N fV ♦ N Y .i CI Y1 .i fV .1 N r1 (V rl r� r1 .1 .4 UI O O O N O t11 O � O 1!1 O O O O O O O O O O O o O O o O o O 1� N O O P O f� O a O t� O O O O O O O O N O O O O O O O 1(1 O O m pp O M C( .�1 (`� O O .i lV O m O m N ♦ m fV N N 1�5 N � m m e1 O 01 m O � a� �0 m �0 PI � � b I� fV l9 rl rl N fV m 1(1 P1 r1 h N m ♦ h O� r� P) 1q C� V ei �D ei V V1 �0 .1 'i P1 l�l b m O� �` N O O O �f f�l O �0 f� V .r �-1 e1 .i N .1 ri 1� t� ul �1 N N rl .1 aD .� .� .� .n ♦ e o r m n m r+ • � m vi tv m n e n�o �n �v �n r� �u a� m e� m �o w�n a cv a tv .r v m cv r a� n r ti r �n �o r o.� r uf m m a o� r.i �n ai n�o n u n.i n�o .�i ao u� rv a a v o� r� e o a n v n��o e1 1V 7 �`1 Y '1 fV �f '1 ei e�l (y '1 rl r1 r/ '1 r/ nl tfl UI O O UI N �!1 Y1 O O VI O O o O O O O O O O O O O O o O O O !`� Ci O O t� I� I+ N O O C� O O O O O O O O 111 O O O O O O O O O !� �/ C� O N VI lV Yf O O O �'1 �0 00 O V V ♦ h t� �O O Y1 O� Y1 O� O rl N N �/ �O �o .�1 m .d a� o� N � �'1 PI N o� O� .� to m O� O� �o r� T r r� 0� �/ m ry f�l YI �'1 m PI a0 �1 O t� m T O f`1 �'1 rl O H m �i �f Q N 1` �/ �0 1` A Y rl N r1 '1 O� t'1 .i O� O� a� f� .�1 .�1 rl fV N r1 rl O H '/ 1-1 � O� n �-1 O rl nl ri (�1 � P ei C) �O P O� �0 m N O N �O N Ifl 0� N OI O IV 1� o � m� �n e�n a o n�o � o o e� �o o ao r m,ti m� m�� m m a O� I'1 f� .-1 N Yf N YI O� "1 �'1 N u1 PI O� m N1 VI t� � V � fV h �f �o u1 m D •1 .-I eq UI �'1 u1 .i t�l N1 .i PI r� IV r/ lY .� rt r� ri N O UI o O 1f1 t11 tfl V1 O o o O O O O O O O O O O O O O o o O O O O fV O O n r n n O o u� o O O O O O O O O o O O O o O O o O � q O m 01 f�l O� �I O O r m O O O O N ♦ N 1I1 m O T N O 1�1 O� N O O O O ri fV r !�j M �0 I� YI r O �0 n N N f 01 1� 1�1 � O r/ O h O • O N 1�1 V r1 f` fV 1� N r1 /� l� /tl �-1 fV �'1 v 01 O 1'� O fV IV r1 �0 �' N t� to �f .-1 CI .i .i a0 fV �i m m t� ul ei e�l fV N rl r� O� rl rl rl b l� O a a U1 T U1 �D f �D fV Q O I� O �D N � O M PI O� 111 O 1�1 iD O O ,-� r� o�n .� n.1 n.+ �.ti .i �n n n n u� �v m ui r+ o,� o r.� a m m N l� O o� a� o� o� m ry o .1 rq O � N �/ u1 N .i A1 � .� b f �1 '► `c ao rl �-1 fy ♦ l� V �i �1 Y1 '1 CV �i fV '1 IV rl r� '1 ri rd � O O O U1 tf� O O tfl 1/� Y1 1fl o O 111 �/I O O O O O O O O o 0 o p O O O O o M C� O O N CI N CI O O C� CI O O O O O O N 1f1 O O O O O O N N O fr C1 �i .i V �f .i �o fV tV �0 u1 ri rl r/ e1 UI a m m.� � e� M.� n m m c o o a��� e� m m m m.{ .i ,+ .i o �V ry C1 O O O O .i .i o O m m O O N ul o O O O C� (V N N ul Y1 YI N ul I O O O O O O O O O O V �O CI fV �'1 �'1 � M ♦ �1' V �1' '� r '� `r '� '� 1�1 tn 11� O O O O O O N VI 01 a O O �/ �f 1f1 Y1 N 1!1 N 1/1 1f1 N �11 YI N N Y z s x x s x x x s ae ac x� m� w x s�� pe ae z s x" a''c x s m � z N � r & ,, ° z a a .. x � ap • ap � o p V � a p a �j a � a Q Qa �j 4 [r aQ Q ag N 2 p M . CL 6� • 6. � tL a °� � � v � °� � a � � �n a � v� �n � Li � �b a � ' � ' � '� a G, Q a °' °C � a � y a a � °' a � � �' � � � � � � � �i a�i �a n a n�a �i a n a����$ a N a� n ;a,��s��;8��: : :$��;�� ;���� rl .-� � •�/ .i fV ./ fV e� .� .�1 fV �'1 � �1 ./ r� rl rl fV nl r/ eti N n ei e�/ lV e� o.r ri .�i v ui v m m � o.i ri ri .r ui �o r m w „� ry�i ,i u� ,o r ao o; ti,� .ti .i .+ .+ .+ •+ .+ .+ tv n n rv n n rv n rv n � � f� � �G $ N r� 1 � O 1 N 1 � r1 1 O 1 H a0 1 IY 1 p m 1 Kp N M Q 0 n O � O � � M � 1 N n i 4 � o m 1 N 1 ri r ; O1 � 1 � O � G 1 1f1 1 r � Yf 1 1�1 t 10 1 1 O 1 rl 1 H � � F � � O f+ O � � q 0. � � � Q r a � � s O J � Yf V 1�f n r� � � � � �i x ., �✓ ic � o a�&� N � M O A �p �o m � $ Z 0� H rl rl � ('+ S� ., a � � M N � y � � � � s � o� � �O�� Q � N � � : � � Item # � � �` � �� CLEARWATER CITY COMMISSION Meetin9 �ate �' �' '� � � ` Agenda Cover Memorandum SIIBJECT: Reservcir �1 - New Pump House (95-20) RECOMMENDATION/I�lOTION: Award a contract f�or Reservoir �`1 - New Pump House (95- 2 0) to OARiitTRBT CONSTRUCTION COMPANY, INC . of SEMINOLE, FLORIDA f or the sum of $199,932.66 which is the lowest responsive bid received in accardance with plans and specif ications, �] and that the appropriate officials be authorized to execute same. SIIMMARY� • The City's Public Works Department, Water Division proposes to replace the existing metal building cu�rently housing the potable water instrumentation and pumping equipment for Reservoir #1 located at 900 Saturn Avenue. The metal sheeting and structure of the existing building has corroded due ta previous exposure to chlorine products used in the standard disinfection process and normal aging of the structure. The proposed building system will be concrete flooring, masonry block walls and a standard wooden truss system for the roof structure. These structure units will be much more durable than the present building system and the presently used chlorine system exhibits little or no liability to the proposed structure. • The new building structure will literally be constructed over �he outside of the existing structure to maintain the operation of the water distribution facility throughout the construction process. The existing bu.ilding shell will be removed upon completion af the new building exterior. • This project will benefit the citizens of Clearwater by maintaining a principal facility distributing potable water to the City. • This project will start on or about February 12, 1996, and is scheduled to be completed within 120 calendar days. • The available balance in the Water System Renewal and Replacement- Capitalized capital improvement project is suff icient to provide funds for this contract. A Legal ��. � _ Budget --�/ Purchasing � Risk Mgmt. N/A IS N/A ACM_,� ENG. ' OTHER �- w ' ('�r� � Submitted by: ��-�--- City Menage�� �/ (� ��um�hw..eyn Originati ept�� 1 Engineering p, partme� User Dept. Publ i c Works --�1 ,� / {-, Advert i sed: ^'—� Date: 11/20/95 & 11l29/95 Paper:St. Petersburg Times Not required Affected parties notified Not required na Costs: $199,932.66 ; (Current FY) ' i i i � ; Funding Source: , � i I; Capt. Imp. X , I j i Operating i i i � i i Other , Appropriation Code(s> 315-96703-563600-533-000 Cortmission Action Approved Approved W/conditions Denied Cont'd to Attachments: Bid Tabulations 0 R •• � E � Q A � � 1 •• W � � A G�0 H c� O �• O H H W � � i� p �Q E � � � 0 � � 0 • • • �'^ � � � u 1 � � O � �i% P'� U � ' a `� "' H � f� � d' � � N N wa - � °c�n� �z u°v� �o o � • � � � a• • • [� N O N � . C'1 O C? z a � o m o rS.� . . � U � � � . . o� o� H U W � � cnxa �- �HOz �or� ov�n , o 0 0 V o 0 0 Z. . . t...� N O N �d' lf1 Q1 . . �O M 01 •a � � aw � � F, oo co � � N N z a �- °u u°� w� a� w �a . . . � (!] t/� a a a � � w o � O X � O O U . � H w H O � H O u�azw�c�A �a a��F+`�zH� Hw E>+ PA v] � A E-+ c/� O oH�w�°�� Hz z ���OwaoHa zW O AHV]O ►H � O� GH4 �a�WW � WW� H�•� � . � � v H a c�naHc�na�awa `� � tUi� v�i�� �u �pH WAtg H w w �� o+ z ot o� a H � A A��E+WHWW� W�� ' W �Q • H E-+ O • � a1 H z .� N � M I w � U H O � � � A A � � M M I i U W a � A � � �� A H a a� �az H zH U pq a v�i �� 00 UU �� UU � � x � � ,_ 1�f �� �'� JAN— i6-i9g6 i�� l9 FROM i.LEARwaTER PuRCHAS I rjG D I�� TO C t TY H��L A��r�EX__�.. P, 0� ._, TU : �ROM r COPIES: y�... � � � � , . Q � � _. t'._ �---�-..._ � • � � JAN I S 1�95 . r �..._.._ ... ;.. ; , ` . .� �,. � '-; ;=; � �. . .. _---_ . � _. _ ,. - - C Z T Y U F C L� A R W A T E R Interdepaztmental Corxespondence Sheet Richard Baier, City Engineer C3eorge McKibben, Purchaeing Manager� B�tty Degtula, City Manager M�rgaret Simmons, Director of Finance SUBJECT: Bid Prote�t -� Caladesi Constzuction Co. DATE: Januar� 18, 1996 :�a7:adesi Co�struction Company pzotest�d the award of Bid 95- 20, I�%w Pump Hause at Reservoir #1, to oakhurst Construction Company based on their allegation that Oakhurst failed to meet specifications of the bid, The basis of the protest waa '. �hat Oakhurs� fa��.ed to contact sub•contractors for price qi�otes, therefo�^e, sp�cified work could not be included in - the 4akhuxst bid. The proteat was received on January 5, 1996, ?:S3 AM. Firet 3,e�,1 xesponse was forwarded via F1aX and certif ied � l�tter on January 8, 1.996. The iirst leve�, response indicated that 0akhurs� had been contactied, and that Oakhur�t fully undexstood the contract specificativz�Q and will accon�plish, the work in fu�l accordance of the specifications, ; withoaut exceptiori_ Caladeai was :give;n a Gopy of Proteet Procedures in December. Fir$t leve3 .�rotest was reeeived in the Purchasing Office within the protest tittte limit. As of 12:45 PM, January 18, �996; no second level protest has been received. The tive work day time limit expired on January �6, 1996. ,. � TOTAL P.01 � � t -- ,:� : ., . .. .t . �: . . �p.�� %ir�= • sc,i•* .Z:. R;: � sS . ,x �Z '� ^F. , • % 9 � � a■� ���� � i � i , r ■ . S �l`•�► � c? � � I,,, i . � �: p 99��lEilE��� Clearwater City Commission C M� Agenda Cover Memorandurn SUBJECT: Pier 60 Concession Stand - License Agreement Item � Meeting Date: xxxx �� RECOMMENDATION/MOTION: Approve a 15-year License Agreement between the City of Clearwater and Alexandra o� Clearwater Beach, Inc. (Steven and Lisa Chandler), beginning on the first day of April 1996 anc� ending on the 3oth day of April, 2011, for the use of certain described property located at the Pier 60 park on Clearwater Beach, � and thet the app�opriete officiats be authorized to execute same, BACRGROUND: Highlights of the agreement are as follows: * City builds building at its expenss. Building includes all structural items, i.e., built-in cabinets, counters, etc. Alexandra provides all equipment, furniture, furnishings, etc. Alexandra provides all rental items, i.e., floats, cabanas, etc. * Alexandra will pay City $100,000 per year in monthly installments of $8,334, plus a percentage ranging from 20-25� of gross sales (excluding rental income) above $750,000, plus a flat 50% of all rental income. * Alexandra will pay all taxes, utilities, maintenance costs. * City may terminate if Alexandra is any one with any payment, files bankruptcy, vacates understates sales by more than 30, does not rules or does not cure any default. of the following - 5 days late or abandons the premises, comply with Health Department * Alexandra will allow the area to be used as a public activity area which shall include a Safe Zone for children, Jolley Trolley stop, City iniormation dissemination point, parking permit issuance and other civic promotions and entertainment activities. Revie+�ed bys J Originating Dept: Costs: S-0- Comnission Action: Legal : "' --� Total ❑ Approved Budget NfA ❑ ' Approved a/conditions Purchasing N A $ -�- Risk Mgmt. N/A v Current fiscal Yr. ❑ Denied CiS � p User Dept� ACM �,'/. -_T _ r`- Fuxling Source. ❑ Continued to: Other � Capital lmp. ❑ Operating Advcrtised: Attachments: Date• 0 Other Carassas Memo {��1� paper; License Agreement ❑ Not Required Affected Partics � None Suh�mitted by: ❑ Notified ApP�oPriotion Code: � � / �^�` ❑ Not Required Cit nager�~ - 2 - � ,__. . _ , ■ * The City wi11 provide storage space (per language o� RFP) for the rental items that are used on the beach, by allowing Alexandra to utilize the small (400 square foot) former life guard building located at the south end of the Pier 60 parking lot. A separate agreernent will be prepared for that purpose. CITY O� CLEARWATER YntecdePartrnental CocresPondenee Sheet TO: Biil Baker, Asst. City Manager FROM: John Carassas, Asst. City Attorney��' COPY: SUBJECT: Pier 60 License Agreernent between City of Clearwater and Alexandra of Clearwater Beach, Inc. DATE: December 28, 1995 Enclosed you will find a signed copy of the above-referenced License Agreement. The Agreement has been signed by Steven Chandler as President of Alexandra of Clearwater Beach, Inc. and has been personally guaranteed by Steven Chandler, individually, and his wife, Lisa Chandler. The Agreernent is for a term of 15 years, beginning May 1, 1996, and ending on Aprii 30, 2011. Licensee will pay the City a rninimurn of $100,000 annually payable in monthly instalirnents of $8,334, with a percentage amount of any rent based on gross sales above $750,000 as outlined in the Agreement. The City will also receive 50% of all rental income generated frorn the rental of any beach items. The City has agreed to abate one rnonth's rninirnurn rent in the amount of $8,334 in consideration for the installation of a hood systern for the prernises. Licensee has agreed to pay all taxes, all utilities, and pay all maintenance and replacernent costs for the prernises. Licensee has also agreed to be responsible for picking up and disposing of all trash within 100 ft. of the food complex, including the entire promenade area between Pier 60 and Coronado Drive, The City can terminate this Agreement if Licensee is rnore than five (5) days late with any payrnent, if any default is not cured, if Licensee files bankru�tcy, if Licensee vacates or abandons the premises, if Licensee understates sales by more than 3%, if Licensee does not comp{y with a11 regulations and orders from the Health Department, and for any activity that is not deemed acceptable in the opinion of the City Manager. This License Agreernent complies with all other terms and conditions discussed in our rneetings with the Licensee and his representative. If this Agreement meets with your approval, please forward it to the City Cornrnission for final approval. Upon approval by the City Commission, I will forward the two original agreements which I am holding for signatures, 1f you have any questions, please do not hesitate to call me at 6760, JC:In enc. � LICENSE AGREEMENT THIS LICENSE AGREEMENT, made and entered into this day o� , 1995, b}� and between the CITY OF CLEARWATER, FLORIDA, a municipal corporati�n, hereinafter referred to as "Licensor" and ALEXANDRA OF CLEARWATER BEACH, INC., hereinafter referred to as "Licensee": WITNESSETH: WHEREAS, Licensor is the owner of the fee simple title to the area described in Exhibit A and hereinafter referred to as the "Premises"; and WHEREAS, Licensor is willing to grant a license to Licensee to use the Premises for the purposes stated in this agreement; NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. The term of this agreernent is for fifteen (15) years, beginning on the 1 st day of May,1996, and ending on the 3 Oth day of April, 2011. As refened to in this agreement, an "agreernent year" commences on the 1 st day af May of each year and terminates on the 30th day of April of each ye�.r during the term of this agreement. Reference to the City Manager throughout this agreement refers to Licensor's City li�Ianager or her designated agent. The term "Licensor" refers to the City and any act to be taken by the Licensor under this agreement must be taken by the City Cornrnission. 2. The City Manager may cancel this agreement at any time by giving fifteen (15) days prior written notice to the Licensor, or any of its agents or its attomey, when in the opinion of the City Manager inferior service is being offered or the terms of the minimurn financial agreement are not being met or for any other good and valid reason that in the opinion of the City Mana�er might detract from Clearwater and is not in the best interest of the people of Clearwater. s Such written notice shall state in particular any and all complaints and Licensee shall have 15 days within which to reasonably correct such complaints to the satisfaction of the City Manager. The Licensor retains the right to terminate this agreement for any municipal need consistent to Licensor's charter. This right of termination is to be considered in addition to the right of termination set out in this agreement. 3. The Licensee shall have the exclusive right to sell the following merchandise at the Food Concession Complex: a. Hot dogs, hamburgers, French fries, pizza, sandwiches and other like hot food. b. Any cold or hot non-alcoholic beverage. c. Ice cream, frozen yogurt, popcorn, pretzels, candy, gum, cookies, cold sandwiches, chips, and other like cold food. d. Postcards, sunglasses, suntan lotion, beach towels, beach chairs, water and sand toys, floats, bathing suits, sandals, health products, and any other like sundry items. 4. The Licensee shall be allowed to rent beach chairs, cabanas, urnbrellas, rubber or canvas floats and any other items permitted and licensed by the City of Clearwater. Licensee shall pay the City, in addition to any other amounts due under this agreement, 50% of all rental income for any of the above items payable monthly throughout this agreement, 5. The Licensee is specifically prohibited from hawking or other verbal solicitation of any type either at the Food Concession Complex or the beach eyuipment rentai area. No coin- operated amusement devices or machines or any juke boxes will be allowed. No live entertainment or outside loud speakers will be pertnitted. Fa C� restroorns, 7. The Licensee is responsible for the cleanliness and maintenance of the public The hours of operation for the Food Concession Complex, beach equiprnent rental concession and other and restrooms shall be no earlier than 6:00 a.rn. and no later than one-half hour after sunset for closing, with the minimurn requirement that the Food Concession Complex shall be open at least seventy (70) hours per week. The beach rental equiprnent shall be rernoved frorn the beach and stored by sunset. The use of trucks and other vehicles on the beach will be perrnitted for distribution and pickup of beach equipment only. The times for distribution and pickup and the conditions under which the vehicles are operated must be authorized in writing by the City Manager. 8. The Licensor reserves the right to review and approve prices to be charged for all sale and rental items. Prices may be modified when authorized in writing by the City Manager. List of current prices must be submitted within twenty (20) days prior to opening, and within twenty (20) days of any changes to such price list. � a. The Licensee hereby covenants and agrees to pay: For concessions, sundries and beachwear as follows: (1) A guaranteed minimurn rental in equal monthly payments, which will be due and payable on the first day of each rnonth, an arnount in accordance with the following schedule: -. • '. 1-15 • _ U 1 11 .�1 ►"1 • $100,000 annually 3 U � � � ' ��' � $8,334 per rnonth (2) As additional rent, Licensee shall pay annually at the end of each agreement year, the percentage specif ed on the arnount between the figures listed below; 20% - Between $750,000 and $1 million in gross sales 22.5% - Between $ t million and $1.5 rnillion in gross sales 25% - Between $1.5 million or more in gross sales Licensee shall pay all amounts due as stated above within thirty (30) days of the end of each agreement year. Licensee further agrees to provide Licensor within fifteen (15) days of the end of each monthly period during the term of this agreetiient the staternent showing the amount of gross sales during the preceding rnonth. The statement used by the Licensee to report such sales will be in such form as to be satisfactory to the City Manager and rnust be certified as correct by the Licensee's chief financial officer, or his designee, showing the amount of gross sales at andlor from the demised Premises during the rnonthly periods reported by the staternent in the amount of year-to-date gross sales for the agreement year. Additional rent shall be calculated from the first day Licensee opens t� the public. (3) Licensor agrees to abate rent for no more than thirty (30) days from date of occupancy for the Licensee to prepare Premises for vpening to the public. Upon opening to the public, Licensee agrees to pay a prorated portion of any incomplete month at the beginning of this term and begin full monthly payments on the first day of each month thereafter until termination of this agreement. Licensor also agrees to abate one month's minimum guaranteed rent of $8,334,00 in consideration for the Licensee's installation of a hood and ancillary system which shall be a fixture and remain on the Premises. 4 (4) The term "Gross Sales" rneans the entire amount of the actual sales price, wnether for cash or otherwise, of all sales of food, services, beverages, clothing, or other receipts whatsoever of all business conducted in, on or from the Premises, including mail or telephone orders received or filled at the Prernises. No deduction shall be allowed for uncollected or uncollectible credit accounts. Such terrn shall not include, however, any s�.uns collected and paid out for any sales or excess tax imposed by any duly constituted governmental authority wherein Licensee is regarded as the collecting agent. c. The Licensee further agrees to subrnit an audited certification of annual gross sales as certified to by a Certified Public Accountant within thirty (30) days of the end of each agreement year. The scope of the audit must include the Licensee's compliance with the terms of the agreernent to disclose the gross sales at or from the demised premises. The statement shall be prepazed according to generally accepted accounting principles and practices, showing in all reasonable detail the amount of gross sales during the prior agreement year. The Licensee also agrees to provide at the same time as the statement regarding annual gross sales pertinent depreciation and amartization schedules filed with the Intemal Revenue Service for the prior y��. d. Any amount due from Licensee to Licensor under this agreement which is not paid when due shall bear interest at the maximum al lowable legal rate from date due until date paid, together with a late charge of 5% of any amount due, to cover Licensor's extra expenses involved in collecting such delinquency; provided that such interest and late charges shall be automatically reduced by such amount as necessary to cause such charges to be in compliance with usury laws. The late charge must be paid within 30 days of the day the delinquent payment was due. 10, The Licensee hereby covenants and agree� to make no unlawful, improper, or offensive use of the Premises. Licensee shall not permit any business to be operated in or from the Premises by any concessionaire or Licensee without the written consent of Licensor. Licensee further covenants and agrees not to assign, mortgage, pledge, hypothecate, or sublet this agreement in whole or in part without the prior written consent of Licensee, however, such consent will not be withheld unreasonably. The consent of Licensor to any assignment, mortgaging, pledging, hypothecating, or subletting shall not constitute a waiver of the necessity for such consent to any subsequent assignment, mortgage, pledging, hypothecating, or subletting. This paragraph sha�l be construed to include a prohibition against any assignment or subletting by operation of law. If this agreernent is assigned, or if the Premises or any part thereof are sublet or occupied by anybody other than Licensee, Licensor may collect rent from the assignee, subtenant or occupant, and apply the net amount collected to the payments to be made herein by Licensee, but no such assignment, subletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, subtenant or occupant as tenant, or a release of Licensee frorn the further performance by Licensee of covenants on the part of Licensee herein contained. If at any time during the term of this Agreement, any or all of Licensees interests are transferred by sale, assignment, bequest, inheritance, operation of law or disposition, Licensee shall notify Licensor in writing of such transfer and shall provide to Licensor the narne, address, financial statement and business experience resume for the immediate preceding ten (10) years of the proposed assignee, This information shall be in writing and shall be received by 6 Licensor no less than thirty (30) days prior to the effective date of such transfer. Licensor at its sole discretion shall have the option of accepting the proposed assignee and can charge a reasonabte fee to Licensee for processing such request. Licensee can request a transfer under this provision no more than once in an agreement year unless specifically consented to in writing by Licensor. 1 l. Licensee agrees that it will promptly pay all ad valorem real property taxes and personal property taxes that may be assessed against the Premises during the term of this agreement. Licensee further agrees that it will pay any state sales tax due on the rental payment made by the Licensee to the Licensor and that it will pay all other taxes, including but not lirnited to, occupationallicense, beverage license, and permits relating to the operation of the business conducted on the Premises, which are required by law. 12. Licensee hereby covenants and agrees to pay all bills for electrical current, gas, water, heat, refuse collection, and other services to the Premises when due. 13, Licensee is not authorized to make any structural improvements or changes to the concession area unless expressly agreed to in writing by Licensor. 14. Licensee will use biodegradable materials whenever feasible. 15. Licensee will provide alI equipment and merchandise necessary for the operation of the concession complex. In addition, the Lessee will pay all normal day-to-day repair, maintenance, and replacement costs, being certain that any material used will be equal to or better than that originally provided. 16. Licensee will be responsible for picking up and disposing of all trash, garbage, and other debris, whether or not initiated from the sales of the food complex, within 100 feet of 7 the Premises, including the entire Promenade area between Pier 60 and Mandalay Avenue. Licensee is authorized to place trash cans in the irnrnediate area of the Premises, said trash cans to be maintained by the Licensee. 17. Licensee agrees to indemnify and hold Licensor and its employees harmless from and against any and all clairns, demands, causes of action or lawsuits of whatever kind or character arising directly or indirectly out of this agreement andior performance hereof. This indernnity clause includes, but is not limited to, claims, demands, causes of action or lawsuits for damages or injuries to goods, wares, merchandise and property and/or for any bodily or personal injury or loss of life in, upon or about the Premises or the surrounding premises the Licensee is required to maintain or which the Licensee uses in coruiection with the business operated at, on or from the Premises. All personal property, including trade fixtures, in the Premises shall be at the risk of Licensee, and Licensor shall not be liable for any damage to such property arising from any cause including, but not limited to, bursting, leaking or accidental operation of water or sewer pipes; roof leaks or flooding. Licensee agrees to investigate, handle, provide defense for and defend any such claims, demands, causes of action or lawsuits at its sole expense and agrees to bear all other costs and expenses related thereto, even if the claim, demand, cause of action or lawsuit is groundless, false or fraudulent. Licensee shall at his own expense purchase or maintain during the term of this agreement, the insurance coverages set out beiow: (1) prop� lnsurance -(Real pr�perty including improvements andlor additions). (a) E.� - All Risk Coverage - 8 (b) P�nount oF losur�nce - The full insurable value on replacement cost basis. (c) Flood Insuranc� - When buildings ur structures are located within an identified special flood area, flood insurance rnust be provid�d for the Licensor of the total insurable value of such buildings or struetures, or, the maxirnum of flood insurance coverage available under the National Flood Program. (d) The City of Clearwater, as Licensor, shall be named as an additional insured. (2) Boiler �nd Machinerv Insurance - If the buildings or structure include boiler(s), pressure vessel(s), andJor air conditioning/heating equipment, Licensee shall maintain cornprehensive insurance covering loss on the demised property including liability for damage to property of others. (a) Repair and replacement. (b} Amount of insurance -$1,000,000 per accident. (c) The City or Clearwater, as Licensor, shall be named as an additional insured. (3) Corn�reh�sive Gen�ral Li�bilifv - Coverage rnust be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed b� the Insurance Services Offices and must include: (a) Minimum lirnits of $1,000,000 per occurrence cornbined single limits for Sodily Injury Liability, Personal Injury, and Property Damage Liability, � (b) Premises andlor operations. (c) Independent contractors. (d) Products and/or completed operations. (e) Personal injury coverage with employee and contractual exclusions removed, including coverage for liability resulting from the dispensing of alcoholic beverages, if Licensee at any time during the term of this agreement obtains a license to serve any type of alcoholic beverages. (� The City of Clearwater, as Licensor, shall be named as an additional insured. (4) Business Auto Polic - Coverage must be afforded on a form no more restrictive than the la�est edition of the Business Auto Policy filed by the Insurance Services Office and must include: (a) Minimum limits of $1,000,000 per occurrence, combined single limits for Bodily Injury Liability and Property Damage Liability. (b) Coverage on all vehicles (owned, hired and non-owned). (c) The City of Ciearwater, as Licensor, shall be named as an additional insured. (S) Workers' Comnensation - Coverage to apply for all employees for statutory limits in compliance with the applicable State and Federal laws. In addition, the policy must include Ernployers' Liability with a Iimit of $500,000 each accident. If the self-insured status af the Licensee is approved by the State of Florida, the Licensor agrees to recognize and accept same upon proof of such approval. 10 In addition, Licensee shall provide to Licensor the following: (1) Complete copies of all insurance policies required by this agreement, (2) Not less than thirty (30) days notice of cancellation or restrictive modifications of any insurance policy providing the coverage required by this agreement. 18. If at any time during the term of this agreement, the buildings or Premises or any part, system, or component thereof, (hereinafter, the "demised premises") shall be damaged or destroyed, said demised premises and any additions or improvernents thereto, shall be promptly repaired or rebuilt or restored by the Licensee to the condition as good as the same was irnrnediately prior to such damage or destruction at the Licensee's risk and expense, and in accordance with plans and specifications rnutually agreed upon at the time; or if none can be agreed upon, then in accordance with the original plans and specifications and any subsequent plans and specifications for any additions or irnprovements constructed prior to the darnage. The work of restoration or rebuilding shall be in full compliance with all laws and regulations and govenarnent ordinances applicable thereto. The insurance proceeds shall be paid to the Licensor, and such proceeds will be used for the repair or restoration. Any cost of repairs or restoration in excess of the insurance proceeds shall be borne by the Licensee. Any insurance proceeds in excess of th� cost of repairs or restoration shall belong to the Licensee. During the period of such darnage or destruction, whether in whole or in part, the monthly guaranteed rent sha11 abate for no more than 120 days or until commencement of business, after receipt of all building permits, whichever is sooner. Licensor shall not withhold unreasonably buitding perniits Licensee applies for and are necessary to repair such darnage or destruction. �i I f the demised premises shall be totally destroyed or so damaged as to render it practically useless during the terrn of this agreement, then and in that event, the Licensee rnay terminate this agreement as af the date of such damage with (30) days written notice to the Licensor. In the event of such termination the insurance proceeds provided for under this agreement shall be paid to the Licensor. In the event of such destruction and except as otherwise specifically provided under this agreement, both parties waive any and all rights of recovery against eaeh other for any direct or indirect loss oecurring to the demised premises. 19. Licensor, at its option, may exercise any one of the remedies provided in subsection f of this paragraph, except as otherwise provided herein, upon the happening of any one or more of the following events (Events of Default): a. Licensee's default in the payment of any rental or other sums due for a period of five (5) days after the due date; b. Licensee's continued default with respect to any other covenant of this agreement for a period of fifteen (15) days after receipt of written notice of such default by Licensee frorn Licensor, provided that if such default reasonably required more than fifteen (15) days to cure, there shall be no Event of Default if Licensee has commenced correcting action within the fifteen (15) day period and is diligently prosecuting such action; c. There shall be filed by or against Licensee in any event pursuant to any statute either of the.United States or of any state; a petition in bankruptcy or insolvency or for reorganization or arrangernent, or for the appointment of a receiver or trustee of all or a portion of Licensee's property, or if the Licensee rnakes an assignment by operations of law, or if Licensee makes application to Licensee's creditors to settle or compound or extend the tirne for 12 payrnent of Licensee's obligations, or if execution, seizure, or attachrnent for a period of 120 days. Failure t� remove the levy, seizure or attachrnent within the 120 day period shall actuate the default provided by this paragraph and the bond posted shall be forfeited. d. Licensee's vacating or abandoning the Premises; e. Licensee's understating gross sales by more than three (3) percent in sales reports given to Licensor. An error occurring by reason of computer malfunction, typing, or other sirnilar clerical error shall not be considered a default within the meaning of this paragraph. f. Licensor, at its option, rnay exercise any one or more of the following remedies which shall be cumulative. (1) Terrninate Licensee's right to possession under this agreement and reenter and take possession of the Premises, reietting or attempt to relet sha11 only involve a prospective tenant capable of providing comparable or better type services, at such rent and under such terrns and conditions as Licensor rnay deern best under the circumstances for the pwpose of reducing Licensee's liability, and Licensor shall not be deerned to have thereby accepted a surrender of the Prernises, and Licensee shall remain liable for all rents and additional rents due under this agreement and for all damages suffered by Licensor because of Licensee's breach of any of the covenants of this agreernent. Said damages shall include, but not be lirnited to, charges for removal and storage of Licensee's property, rernodeling and repairs, leasing, cornrnissions and legal fees, and loss of prospeGtive percentage rentals by Licensor. Said prospective percentage rents shall be calculated on the basis of Lic�nsee's gross sales for the in�mediately preceding twelve (12) month period or for the period, adjus�ed on an arinualized basis, eommencing 13 with the first day of this agreement if this agreement has not been in effect for t��velve (12) months. In addition to its remedies hereunder, Licensor rnay accelerate all fixed rentals due under this agreement, in which event the Licensee shall be liable for all past due rent, accelerated rent and damages as described above; however with respect to the accelerated rent, Licensor shall receive only the present vaiue of such accelerated rent. At any time during repossession and reletting pursuant to this subsection, Licensor may, by delivering written nolice to Licensee, elect to exercise its option under the following subsection to accept a sunender of the Premises, terrninate and cancel this lease, and retake possession and occupancy of the Premises on behalf of Licensor. (2; Declare this agreement to be terrninated, whereupon the term hereby granted and all right, title and interest of Licensee in the Premises shall end and Licensor may re-enter upon and take possession of the Prernises. Such termination shall be without prejudice to Licensor's right to collect from Licensee any rental or additional rental which has accrued prior to such termination together with all damages, including, but not limited to the loss of prospective percentage rentals suffered by Licensor because of Licensee's breach of any covenant under this agreement. (3) Exercise any and all rights and privileges that Licensor may have und�r the laws of the State of Florida and/or the United States of A.merica. 20. Licensee shall secure prior written approval from Licensor for modifications or remodeling of existing facilities or for the construction of any new facilities, such approval not to be unreasonably withheld or delayed. The terms remodeling or modifications as used herein shall include only those events requiring the issuance of a building permit. It is agreed that the 14 existing improvements, together with any improvements constructed by Licensee during the terrn of this agreement on the demised premises, shall become the property of the Licensor upon the expiration of termination of this agreement; provided, however, that said reference to irnprovernents herein contemplates improvements to the real estate which become a part of the land as distinguished from personal property utilized by the Licensee. 21. Licensee shall, at his expense, at all times during the terms of this agreeme�t keep the Premises and all improvements and facilities thereon in good order, condition, and repair. It is specifically understood by Licensee that the Licensor has the right to inspect the Premises and imprevernents at any time to ensure that the Premises and improvements are indeed in good order, condition, and repair. Upon the termination or expiration of this agreement, Licensee shall repair any and all damages to the Premises caused by the rernoval by Licensee of personal property. 22. Upon the termination or expiration of the agreement for whatever cause, the Licensee shall have the privilege at his own expense of removing its equiprnent, signs, insignia, and other indicia of its tenancy or use. 23. Licensee agrees to indemnify and save harmless the Licensor by reason of any mechanic's lien which may be asserted as a clairn against the properiy, and to furnish Licensor a good and sufficient bond signed by a reputable bonding company doing business in Florida, which bond shall be in an amount equal to 100 percent (100%) of the cost of construction of the contemplated improvements to the demised premises. 24. The Licensee hereby covenants and agrees to prornptly and continuously comply with all regulations and orders of the Health Department and health officers of the local, state, 15 ar�d national govemments; and Licensee hereby covenants and agrees to keep, operate, and maintain the concession in such a manner as to preclude any warnings, violations or notices to show cause being issued by any regulatory agency authorized to inspect the Premises under Florida State 509 as it presently exists or as it rnay be amended. In addition, Licensee agrees to forward to Licensor a copy of each inspection report issued in accordance with Florida Statute 509 as it presently exists or as it may be arnenc�ed within fifteen (15) days of receiving any such reports. 25. Licensor covenants and agrees that upon payment by Licensee of the rents herein provided, and upon observance and perforrnance by Licensee of all the covenants, terms, and conditions required of the Licensee by the agreernent, Licensee sha11 peaceably and quietly hold and enjoy the Prernises for the terrn of the agreernent without hindrance or interruption by � Licensor. 26. Notices hereunder shall be given only by registered letter and shall, unless otherwise expressly provided, be deemed given when the letter if deposited in the mail, postage prepaid, addressed to the party for whom intended at such party's address first herein specified or to such other address as may be substituted therefore by proper notice hereunder. Notice to be provided to Licensor and Licensee as stated below: 16 As to Licensor: City Attomey's Of�ice City of Clearwater Fost Of�ice Box 4748 Clearwater, Florida 34618-4748 As to Licensee: Alexandra of Clearwater Beach, Inc. 1441 Joel Lane Clearwater, Florida 34615 27. If the Certified Public Accountant providing the annual audit required in this agreement is not an independent Certified Public Accountant, Licensee at the City Manager's option, agrees to make all records of gross sales pertaining to this agreement available to an independent Certified Public Accountant chosen by the City Manager, for the purpose of confirming the fair representation of'the previously submitted audits. Any such audit provided for in this paragraph may not go back for more than three (3) years. If an independent Certified Public Accountant, chosen by the Licensor, audits the business operated hereunder, and finds that a fair representation of the gross revenues understates lease revenue due the Licensor, the cost of the independent audit shall be borne by the Licensee; if the independent audit confirrns the fa.ir representation of the Licensee or overstates lease revenue due to the Licensor, the Licensor shall pay for the audit. 28. No sign of any type will be posted, erected, hung or otherwise placed in view of the general public so as to advertise any product or identify the concession complex unless permitted by ihe City of Clearwater Code of Ordinances, as th�y now exist or as they may be amended, and unless authorized and approved by the City Manager. �-iowever, the Licensee must provide meno-type board or boards to be placed inside the food concession area so that they wi11 17 be plainly visible to the public and list the food and drink items for sale with their corresponding prices. Licensee also will place a sign inside the food concession area so it will be plainly visible to the public which states that the concession area and beach rentals are operated by Licensee and not Licensor. The Licensor will be responsible for signs at the entrance of the restrooms indicating appropriate gender. A sign denoting the price list of all beach equipment rentals must be posted by the Licensee at the en±:ance to the rental concession area as well as at one other point from which the rental of beach equipment has heretofore been authorized. 29. Restroom facilities must be kept clean and sanitary at all times and are subject to inspection by Licensor. No coin-operated toilets or other coin-operated devices will be allowed in the aforementioned restroom facilities except upon written authorization of the City Manager. Licensee agrees to notify immediately the Licensor's Police Deparhnent at any time the Licensee becomes aware of any activity that is a violation of a law in the area of the concession complex. 30. Licensee agrees to provide change of dollar bills to users of Licensor's parking lot so that these users are able to deposit the coins required in the parking meters. It is the parties' intent that the Licensee will provide said change whenever possible. 3 l. Licensee's exclusive right to rent beach equipment from the Premises does not deny members of the public the right to bring their own equipment for personal use. 32. All sales shall be recorded on a tape cash register and the tapes shall be rnaintained for review by the Licensor's auditor. The Licensee shall maintain an adequate set of books and records of his operation of the business of renting beach equipment and the sale of food, beverages and sundries, and his books and records must be provided to the City Manager at his request. 18 33. Licensce shall not advertise any business not oper�ated at, on, or from the Premises without the prior written consent of the City Manager, 34. Licensee agrees that the Premises shall be utilized as a public activity area, which shall include a Safe Zone for lost children, Jolly Trolley stop, information dissemination point, distribution point for City parking permits and other City and civic sponsored promotions and entertainrnent activities. The City can restrict any activity, including but not limited to entertainrnent, promotions, items for sale or rent by Licensee on the premises that are not acceptable as determined by the City Manager at her sole discrerion. Failure of the Licensee to make any changes required by the City Manager will result in default and Licensor shall be entitled to all the remedies provided for in this agreernent. 35. If Licensee, or either personal guarantor of this agreement is in default of any other agreement with the City, then such default shall be deerned a default of this agreernent and the City rnay pursue all available rernedies provided for in this agreement. 36. In the event the Licensor retains an attorney to enforce any of the provisions of this agreement or renewals of or addenda to this agreement, or to effect the enforcement of any legal right of the Licensor against the Licensee, tr►e Licensee agrees to pay the Licensor all costs of said enforcement reasonably incurred, including court costs and reasonable attomey's fees. 19 0 IN WITNESS WHEREOF, this agreement is executed as of the date first above written, Countersigned: ttita Garvey, Mayor-Commissioner Approved as to form and legal sufficiency: John Carassas, Assistant City Attorney Signed, seal�d and delivered in the presence of: � �'� �_� �� CITY OF CLEARWATER, FLORIDA By Elizabeth M. Deptula, City Manager Attest: Cynthia E. Goudeau, City Clerk ALEXANDR.A OF CLEARWATER BEACH, INC. �� % By Steven Chandler Its: President � .� Personal Guarantor � ersonal Guarantor 20 .� � i EXHIBIT A TO; Ftto�: SUBJECT: DATE: ✓ y �,� " 'r`�� �e -- �'� CITY OF CLEA.RWA►TER Interdepartmental Correspondence Honorable Sue Berfield, City Commissioner John Cazassas, Assistant City Attorney Pier 60 Concession Stand License Agreement January 29, 1996 COPIES TO: �OMMIS��^�; JAN � 1 1996 !'MtJS CIERK / ATTORNEY In response to your questions at the work session of Ja.nuary 29, 1996, I have reviewed the license agree�ient and respond as follows; 1. The City Manager may cancel this agreement at any time by giving fifteen (1S) days prior written notice to the j,,ic�� when in the opinion of the City Manager inferior service is being offered or the tercns of the aunirnal finance agreernent axe not being met or for any other good and valid reason that in the opinion of tiie CiCy Manager inight detract from Cleaiwater and is not in the best interest of the people of Clearwater. (Paragraph 2, page 1) (typographical error corrected) 2. The Licensee agrees not to assign or sublet the agreement in whole or in part with�ut th�e prior written consent of the Lu�t whose consent will not be unreasonably withheld, (Paragraph 10, page 6) (typographical error corrected) 3. Licensee's request to anortgage the property would also requue the prior writtea consent of the Licensor whose conseat will not be unreasonably withheld. (Paragraph � 12� v�� � G%��f� ► �1 jf5 � 'r�f 10, page 6) �c�r fS'� . � � f 1 Y, 4. Licensee agrees to provide change of dollar bills to users of Licensor's parking 1�.. (Paragraph 30, page 18) (typographical error conected) JC/jas JAMES MARCUS VERNON Attorney at Law 577 South Duncan Avenue Ciearwater, FL 34616 Reply to: P. O, Boz 647� Clcatvvate�, F[. 34618 3anuary 26, 1996 Rita Garvey, Mayor Commissioner Sue Berfield Commissioner J.B. Johnson Commissioner Fred Thomas Corr�missioner Bob Clark CITY OF CLEARWATER P.O. Box 4748 Clearwater, FL 34618 Honorable Mayor and City Commissioners: � � � 11a4�Z�� rn� Td.No. (Sl� 447-4444 Fu� No. (813) 4466113 COPIES TO: COMMiSS10N JAN 2 6 1996 PntSs CLERK / ATTORNCY This office represents James and Hazel Vogel and has been negotiating with members of the City staff to prepare a development agreement with the intent of acquiring for the City additional right-of-way along Landmark Drive for the proposed Landmark Drive extension. On Monday, January 22, 1996, a staff inemo was forwarded to my office indicating that, in the opinion of the City Manager, a development agreement may not be able to be negotiated timely and that in the manager's opinion the City needs to proceed with the Landmark Drive extension within the confines of the existing right-of-way in lieu of obtaining a development agreement. Since your work session on Monday will address this issue, and since the public is traditionally not allowed to speak at these sessions, I wanted to forward this letter to advise you of my clients' position on this matter. The rnemo states that we have failed to reach agreement on "several key issues" and that my clients' have failed to timely submit certain documents. Let me take this opportunity to state emphatically that ihere are no material issues outstanding. Mr. Vogel has submitted every docurnent, his representative has attended every meeting and we have responded to every comment forwarded by the City staff. The delays were the product of unfamiliarity of all parties negotiating development orders using the proper procedures, various staff committees constantly modifying site plannin� requirements and development order conditions at each successive meeting, and the fact that the staff inembers assigned to the negotiations of the development order were not staff inembers who were authorized to make decisions. Each time an issue would arise staff would have to defer to their su�erior for comment and approval. It was not uncurnrnon for cornment or approval of a superior to take days or weeks before any further progress could be made. Ho��orable Mayor Garvey City Cornmissioners CITY OF CLEARWATER January 26, 1996 Page 2 To summarize the chronology briefly, this office received correspondence in June of 1995 regarding the engineering departrnents need for right-of-way. As a cooperative member of the cornmunity my clients authorized me to meet with the Assistant City Manager in July tQ discuss how they could accornmodate the City. Subsequent to that meeting, the City Attorney and other staff inembers were available on August 23, 1995. As of that date, it was the understanding of the Assistant City Manager and myself that we could put together a comprehensive agreement quickly and bring it befo�e the City Commission in very shurt order. From that point forward, until the process was stopped, the planning staff worked very hard and were very accomrnodating. No substantive meetings regarding legal issues occurred until a m�mber of the City Attorney's office was available on October 6, 1995. It was not until that time that the City Attorney's office cornmunicated to us that there was a longer public hearing process than had been anticipated and that there were no provisions in the ordina�ce to expedite the process. After being made aware of the necessary procedural criteria, it wasn't until November 16, 1995 that we were given formal approva( by the City Commission to negotiate. Subsequent to Commission approval, this office drafted the initial development order which was rejected by the City Attorney's office who then re-created the development order which was submitted to my office on the 21st of December. The staff inembers assigned to this task subsequently met with me regarding that development order and rny dffice produced comments within the following week which were delivered to the City Attorney's office on the 28th of Decernber. Subsequent to that, even though preliminary plans had been submitted to the City as early as October, the first DRC meeting scheduled for this project was January 10, 1996. Additionally, even though engineering had contacted me in June of 1995 and an engineerin� representative had been available at a number of the meetings, the �rst specific comments from the engineering department were not promulgated until the lOth of January. Subsequent to the DRC meeting on the lOth of January and receiving the engineering comments I was advised by planning staff not to make the necessary plan changes until a staff meeting had occurred on the 17th of 3anuary. Apparently it was staffs impression at that time that the staff rneeting was to cover any �nal outstar�ding issues so that subsequent ta that staff meeting we could finalize the transaction. After that staff ineeting of January 17th, I had heard from no one and had not been contacted with regard to the status of the Development Agreement, On Monday, January 22, 1996, I was curious, so 1 contacted the City Attorney's office and was informed that the result of the staff ineeting was that the City would not be pursuing the development order due to an impasse on certain issues. At that time I irnmediately contacted the City Attorney's office and the City Manager's office and have been able to arrange for a rneeting on Wednesday, January 31, 1996, to further discuss this matter. Hanorable Mayor Garvey City Commissioners CITY 4F CLEARWATER January 26, 1996 Page 3 Apparently, instead of being committed to reaching an agreement with my client, the City is going to pay a consultant to realign and design the road, build the road within a narrow right- of-way possibly not cornplying with the City of Clearwater development code and will modify the existing permits in compliance with those design changes. This seems particularly pointless since my client is prepared to dedicate needed right-of-way and has not asked for any monetary compensation for the dedication. My client asked only- for assuranres regarding the development scheme of his property. I emphasize that he has not asked for any rnonetary compensation and has further not asked for substantive impact fee credits, has not reguested any unique variances and has not asked for any zoning or other development considerations not in character with the neighborhood. My client has engaged this firm to obtain a development order from the City of Clearwater and still desires to accomplish that goal. He has instructed me to continue to meet your staff and I am prepared to clear my calendar to accommodate your staff as necessary to complete this agreement. If the City Commission would authorize the necessary staff inembers who are in a position to make decisions to negotiate, I arn confident that this development order can be worked out in a matter of a few days. Further, if any engineering design or graphics need to be altered my staff is prepared to work overtime to accornplish that goal. Since funding for the Landmark extension has not yet been approved, and presumably the bidding process has not begun, there remains adequate time to reach and adopt the agreement. Sincerely i. �j J. Marcus Vernon JMV/cm vogd�cirycom2.�a � ,.. . _ . ,. .., . . e / � �✓ M�MORANDUM �— COPIES TO: COMMISSION TO: The City Commission ,Ja N 2 3 19 96 FROM: Betty Deptula, City Manage PK� JS �i.ERK / ATTORNEY SUBJECT: Lake Chautauqua Park/Landmark Drive Extension DATE: January 23, 1996 Attached is additional back-up information for agenda item CP #5 (Vogel Development Agreement status) for our discussion of the Landmark Drive Extension. If you have any questions, please call. attachment • � Cit o�' �Iearwater M � Interdepartrnental Correspondenoe TO: FROM: COPIES: SUBJECT: DATE: Betty Deptula, City Ma.nager Ream V�ilson, Director, Parks and Recreation Departmg�qt_ Rich Baier, City Engineer � ` , Lake Chautauqua Park/�andmark Drive Eatension January 12, 1996 The City of Clearwater purchased Lake Chautauqua Park in 1972 with matching fund.s firom a Land and Water Conservation Fund (L.W.C.F.) Grant. The L.W.C.F, is a federal program under the National Park Service (N.P.S.) and it is administered on a state level by the "Florida Department of Environmental Protection" (D.E.P.). At such time as the Grant Agreement was signed, it was required that the park be developed in accord with approved plans which included an overnight camping area (this has since been rernoved), picn.ic facilities, water oriented activities, a.nd nature trails. However, this development has not occurred because of the City not having an adequate public access road to the park. In a letier from the Department of Natural Resources (now included within the D.E.P.) dated September 29, 1986, the City was remi_nded that the acquisition of t�he property was completed in October of 1972 and that Federal L.W.C.F. regulations requi.re that it be developed and open to the public within five years of the purchase. We were also informed that of all L.W.C.F. projects i.n Florida at that time, Lake Chautauqua Park was one of only two undeveloped sites and that developnnent plans were being finalized for the other site. Most recently, in 1995, the D.E.P. a�gai.n conducted a compliance inspection of parks in Florida which received grant funds from the L.W.C.F. program. As a result of this inspection, we were again informed by letter (April 19, 1995) that Lake Chautauqua Park was still undeveloped and that if it was not developed a.nd opened to the public, the park could be designated a"conversion" by the N.P.S. Replacement property would then have to be provided and developed for public recreational use by the Cit�. We were asked to submit a development plan within 60 days and a t:ime schedule for opening the park. As mentioned previously, City developmznt of the Lake Chautauqua Park had been postponed because of inadequate public access. However, the City's 1995/96 Capital Improvement (C.I.P.) budget contains fundi.ng to consiruct an extension of Landrnark Dr. south of Enterprise Rd. to tbe park. As a result 11lCrClED �� ►A►fR r�,. � Betty Deptula, City Manager January 12, 199f Page 2 of this access being provided, the developrnent of Lake Chautauqua Park was again submitted and, li.ke tbe I.andmark Dr. extension, it was approved by the City Commission. Speci.fically, $260,000 is included in 1995/96 for Phase One development and $120,000 in 1996/9? for Phase �vo development. The D.E.P. has been advised of the above approvals and, in response to the letter of A�pril 19, 1993, staff submitted a development plan and a time schedule � complete phase one development by November 20, 1996. The plan and time schedule were approved by the D.E.P. a.nd the N.P.S. In accord with the City's development schedule, a public meeting was held at t�he Countryside Library on Nionday, November 13, 1995. The primary purpose of thi.s meeting was to gather information and comments from residents and homeowners associations regardin g the design of t.�e park. Following comrnents from City staff, Mr. Harry Maynard of the D.E.P., a.nd the City's consultants (Post, Buckley, Schuh & Jerniga.n), attendees asked questions a.nd generally appeared in favor of the conceptual pla.n for park developmen�. (See attached master plan.) Specifics con�cerning the development include: • First phase development of t^he park is scheduled to be completed by November 20, 1996 at a budget of $260,000. • First phase develop�ent will i.nclude an entrance road, parking for approximately 50 cars, picnic tables and grrills, nature trails, interpretive signing, entxance gate, etc. • Second phase development is scheduled to be completed by June 1, 1997 at a budget of $120,000. • Second phase development may include a restroom, fishi.ng dock, ramp for canoes or other non-motorized water craft, etc. • When completed and opened to the pUblic, the park will be closed around sundown each day. . A m;n;mum vegetative buffer of 100 feet will remain along the north side of the park separating park develop�aent from abutting residences. • Parkstream Avenue within the Country Park subdivision will remain barricaded with no vehicular or pedestrian access to the park. • The only entrance to the park will lbe from the east, La.nd.mark Dr. right-of way. • The �urrent maintenance roadway (unpaved) will remai.n along the north aide of the park for maintenance vehicles only. This will be secured and will not be a public access. On the other hand, the extension of La.ndrnark Drive has a rather lengthy background as well: • Pinellas County obtained 33 feet of land along what is now proposed for Landmark Drive to be used for a public road, drainage andlor utility purposes only iu March of 1960. RctrtttD 1� � rsrq �r Betty De�tula, City ManAger January l2, 1996 Page 3 • The Clearwater City Commi9sion on Octob�er 7, 1974 adopted the official thoroughfare plan as prepared by the Planning Department and the Parking and Tra.�c Comnlittee. This adopted plan depicted Landmark Drive extension from Ent,erprise south to Gulf to-B ay, � In 1979 the developer was requixed to reserve right-of way for a proje�t arithin the Shady Oak Farms/Country Villas Subdivision for the Landmark Drive extension. • In 1986 tbe City Commission approved a reservation of right-of way from the Country Park Development for the proposed Landmark Drive extension. • In 1989 Lanclznark Drive ex�ension was �dvertised as a Penny for Pinellas Project and list,ed witlain the brochure of Penny for Pinellas Projects when the sales tax was approved. � In 1990 the City Commissio❑ ��proved a contruct with Engineeri.ng A.ssociates to prepare cons�ruction plans t'or �he exLension of Landmark Drive to Union. • In 1991 originul construction plans now completed were shelved for construction dollars to be included in the Ci�y's Capital Improvement budget. � In Octobex of 1995 the City Commission approved the City budget which contai.ned a Capital Irnprovement Project to allow funding of the Landmark Drive extension from Enterprise Road to just north of Maxlo. The existing construction plans c�epict a three-lane facility with a center turn lane 12 feet in width and two travel lanes 14 feet wide. Several alternate configurataons bave been discussed and include a roadway typical section which would include two travel lanes and two bike la.nes on the outside of the pavement. Sidewalks are also i.ncluded that are five feet in width on each side of the roadway. The unplementation of bike lanes i.s dependent on a roadway typical section that calls for the right-of way width no� to be less than 70 feet. It is i.mportant to call attention to the stormwater treatment and retention pond together with the mit�gation area within tbe property already purchased by the City on the east side of Land�mark Drive right-of way and adjacent to and south of Mullet Creek. This stormwater Ereatment and retention pond area, along with its mitagatson site, is in excess of one acre a.nd will provide a diverse habitat for wildlife over the meadow which currently exist� at this location. In addition, the con�iruction of the box culvert bridge over Mullet Creek will. allo�v this creek to better convey water as it i9 the outfall for upstrea�m flooding issues already discussed in and around the Northwood Subdivision. The existing plans do not depict Saber Drive as being connected to the Landrnark Drive extension but do depict Marlo Boulevard as being connected. In response t� several concerns fro�n the citzzens in a.nd around the Marlo Boulevard neighborhood, tbe City Engi.neeri.ng Department has come up with several options which address "cut througb" traf'�ic. T`hey are: the cul-de-sacing of Marlo Boulevard at McMullen-Booth Road, tbe restriction of ingressing traffic £rom Landm�ark Drive extension i.nto the Marlo Boulevard neighborl�.00d (this can be accomplished through raised tubular delineators down the center of Landmark Drive or a raised separator along the center of Landm.ark Drive extension). These trafs'ic and circulation issues and the treatment thereof have not been IIfCYCI(D �� ►A►Q Betty Deptula, City Manager January 12, 1996 Page 4 finalized and awa.it furtber input from both the community as well as the City Commission. Aiternate routes to access the park have been reviewed. Community mexnbers have suggested that the park be accessed from the south along Uruon Street. Unfortunately, the City does not possess the required right-of-way for such roadway construction �nd condemnation would be required to acquire the remaini.ng land.s. In additaon, the City currently owns na parcels of land that could stand for the water treatxnent and mitigation site as required by FederalJState law. Further, the roadway itself would provide no relief from tbe constant calls received from Marlo residents concerned with their current and future access scenario to McMullen-Booth Road.. The residents of t�us community have attempted, over the past several years, on two separate occasions to have a signal erected on McMullen-Booth at Marlo Boulevard. As the signal does not meet the appropriate warra.nts and was di.sapproved by the County, it i.s doubt�il that relief is near and in si�ht. Although it was not the purpose of the November 13th mee�i.ug, several residents related either opposition or support of the extension of Landmark Dr. In recent weeks, primary cc�ncerns have been expressed includi.ng: 1) �vhy does the. City need to extend Landmark Dr., 2) how much will the project cost, and 3) who will benefit from the Landmark Dr. extension? Informataon regarding each of these concerns is outli.ned below. 1. WHY DOES THE CI'I`Y [�1EED TO EXTEND LANDM�iRH DR.Y • To provide adequate public access to Lake Chautauqua Park. • To reduce park tra�'ic that will occur on Marlo Blvd., a residential road from the east. • To provi.de a second ingress/egress option for residents of the Marlo Groves subdivision. • To provide first phase of the development of Landmark Dr, which will eventually be extended to the south to Union St. 2. HOW MiJCH WILL THE PROJECT COST� • Park development is budgeted at $260,000 for first phase and $120,000 for second phase. . � • Landmark Dr. extension i.s budgeted at $950,000. 3. WSO V�ILY� BENEFIT FROIVI THE EXTENSION �F LA1�tDMARH DR..? • Clearwater citizens will benefit by having the park developed and adequate access. • Residents of the Marlo Groves subdivision �vill benefit by havi.ng less park traffic through their subdivision. • Access and frontage will be available to new residential developYnent of 33 homes. RlCrtICD �� ►A►l11 , � _ Betty Deptula, City Manager January 12, 1996 Page 5 • Residents in Northwood Estates will benefit through improved drainage condition� as the outfall is upgraded and the treatment pond is constructed. � A diverse habitat will be created where now a meadow with brush exists. � A neighborhood which has extended great effort i.n gai.ning a signal will have an alternate route of travel. • A remote/inaccessible area frequently used by teens, etc. will be lighted and accessible to the Clearwater Police Department. Attachment RW:mg H:�DATA\WPFILESV�riGOHEEN�RWMF.MOS\DEPTULA9.DOC � � RetrC�m �� r�ree � � �► .� �i\ ' -'�"� i`il J � �, .-* � �,� ��� TO: FROM: SUBJECT: Mayor and City Commission . Llizabeth M. Deptula, City Manager Vogel Development Agreement CITY OF CLEARWATER CUPIES: Kathy Itice, Deputy City Manager Bill Baker, Assistant City Manager Pam Akin, Ciry Attomey Leslie Dougall-Sides, Assistant City Attorney Cyndie Goudeau, City Clerk Richard J. Ba.ier, City Engineer Scott Shuf�rd, Central Permitting Director Rearn Wilson, Director of Parks and Recreation Terry Jennings, Chief Engineer Lou Hilton, Seaior Planner DA1'E; January 22, 1996 InUrdsp�tUn�at Corra�pon�ieaa Pursuant to your direcdon, City staff has attempted to aegotiate a development agreement with a representative of the Vogel fam�]y involving the development of property adjacent to the proposed extension of Landmark Drive south of Enterprise Road. I must advi.se you that City sta�ff has been unable to negotiate a satisfactory developrnent agreement in a timely fashion, As you know, we are coastra�ined by various deadlines that require us to act expe�itiously in order to pravide suitable park access and constnict Landmark Drive extension; these deadlines include both tbe need to initiate constivction under our existing permits and the need to honor our agreernent with the federal governrnent for providing access to and development of parkland acquir�d under a federal grant. Because we have beea unable to reach an agreement with the Vogel family repr�sentative over several key issues (including the timely submittal of nequired site drawings), and the deadli.nes for us to extend Landrnark Drive under existing permits are fast approaching, we have had no choice but to discontinue negotiations. In order to expedite roadway construction, we intead to work within the existing City owned right-of-way bet�veen Enteiprise and Marlo Drives. Aa agenda itern conceming the construction of the roadway withi.n the existing City r�ght-of-way, including proposed roadway cross-sections, will be forwarde� to you in the near future to provide you with the information needed to authorize us to begin consttvction of this irngortant link in our street network. Eventual development of the Vogel property will require sewer service provided by the City of Cleaiwate�r, Annexation will consequently be required, with the property being nequired to be built to City standards. In addition, as part of our standard subdivision �quirements, we intend to require the dedication o�' the needed right-of-way along the west side of the Vogel property to allow for future unprovernent of I.andrnark Drive in this area, Please advise if you have questions or comrnents. FNiD/db „�D�,,,� 1� =�c3 �'aawor�+1 . �� I �� � � � � � �� �� �I ���� � �� �� �� . . . : � . • �.S I � $ ♦ ;� � � � � � ��� � � ��: ��: � �� �� , �� �� � � � �� � � � � �� �� j � Y��� � � _ �... �� , � � .� �� � � � --> . � _ �, ..,, e*�ry�— , ry � �� �� � � �� �� �$� �� � � �� � � .� � �3 �'; a � o Q_ � � � � � �"�7�' L'�' � ic��''�R� � �?'�� �� r�, 1� . � �� _ �� n ��;_ �� �- ko�a - ;� �� � .� ; r��► oF�•►� �r �:� 4 ��e ���°.cp!�w� � '�. ,��,��i� �O�' 1 r i�c s • t• � � '• } r�� � � � � �� �� � �� � � a � � _ � ►� ; ��.�`� � � �- ��� ��� ��.��� � '� � ' �' � "����r {�r}� O v .� � � ,.�� • ;�/ ��1, 'A: �� � �:: �;����,R � � ���M$� ��� �� �� � � �� �� � � � � , a��� � E-� � �. V � � � � � � �. Y X � � 0. fl1i31i1996 18:01 8134626528 CLW PARK� AND REC � --- PAGE �2 .� Cit� �� �1e�.rw�te� Int�rdep�rtmental Corre�pondon� ��^r..��+���i�..����r...���.�r�.�.��r�..�..��r. ���r r�..�s� TO: Cyndie Goudeau, City Clerk FROM: R.eem Wil,�on, I)irector, Parks �und Rscre�tion Depar�rnent CQPIES: SU�JECT: Ree�ponae to City Commisafon Questione DATE: danuary 3I, 1996 I underatand th�t #,he �ity Co�i.sesoa a�ked two que�tione reg,ardi�,g Parke aud Recreation at t�h� wor� ses$iou thie past Mande�y. These questiou� and our reecponee� are as follows: 1. Can the "I,and and Water Con�erva�.on Fund" (L.V�.C.F.) Grant receive for �.he acqui�i�i�a ot" Lake Chautauqua Park be paid bach? R�SPONS�: The L.'VV.C.�. Aet is a federal pro�ram and th�a re�pone�bility for enforcin� the provigiana �u� the Act reet� with the I�Ta�ianal Pa.rke S�ervic� (N.P,S.). �ow�ver, the program ie $dministered throut�h t$e �itAte'a '`DepArtm�nt of Environm►ental Protectian" (D.E.P.). We ue infarsaed by the D.E.P, that the money received for the pnrk acquisitton c�►not be repa.id. Our tu�derst,s�ndia�g is that tl�e only �ptaion would �e for the Ci�ty to pursue a'�convereion". To convert the property that wa� �cquired with L.dV.C.F, ussi�tance, the City would be required �o replACe t,he prop�rt�► with praperty of �t l�a�t equal fair market vuiu�, reaeon�ble equivulent u�efutness and location ae thxt bei�g oQrtvert�d. 2, Statu� report of the Countryaide Commwnity Recreation Center. �t�S�'ONSE: 7'his p�ojeot iB ��heduled to be completed in A�tgu$t of 1996, wit,h a grand mpeni�►g date i� Septembe�c, The project i$ �urrently u�td�r cvnstruction aad on schedule. Pleaae contact me if you have any further qu�stion�. RW:mg N:�b�►'CA\WPFiIT9V1[Qp�iEEN�RWI►(EM08�C OUTI�AU2,DC7C �fCIC��� � �A►M Jan-31-96 03-40P Claarwator Eng. 5crvic�s COPIES T0: COMMISSION H13-462-6641 �EB011996 CIYY OF CLEARWAT�R Int�rd+spnrtment Corre�pondence Sheet FhtSS ' ' C�ERK 1 ATTORNEY TO= The Honorable Mayor and City Commissioners TIiROUaBz Elizabeth M, Deptula, City Manager FROMs Richard J. Baier, City�Engineer � , / , COPIEB: Kathy 9, Rise, Deputy City Manage ' Bill Baker, Assistant City Managar st18JECTs Landmark Drive Average Annual Dafly Txaific Per discussion at the work Sessi�n on Monday, January 29, I revised our existing traffic eng�neering files and can repart the subsequent infarmation. From �991 to 1992 the volume on the north sectian of Landmark Drive r►orth of State Raad �80 decreased from 8000 vehicles per day to 7255 vehicles'. In 1995 that section of roadway wa� rac4unted and the daily tra!!ic wds found ta be 820o cars during the peak season and 7400 cars oh the day which was studied in August. , f The section of Landmark Drive Bouth of State Rpad 580, but north of Eastland Drive was cQUnted in 1991 and the average antt�tt�l daily traffic was r�port�d to be 11,957 vehicles. In 1993 the volume had increased to almost 13,000 car� and a portian of this ldcalized increase was attributed to the developmeht across fron Eastland and ddjacent �o Landmark Drive. The averall roadway has decreas�d in dai�y traffic whereaa Y have noted a localixed increas� in dai2y trips north of Ent�rpri�e. I arn counting the intersection th�g Friday to report a current volume for this roadway sQqrnent and z will report that to you und�r s�parate cover. I thaughk it was n�cessary to gxplain and reiterate the localfz�d and oveYall daily �.rt�f_fi� counts along Landrnark Drive since I t�m sure thig issue will sur�aGe on Thursday n3ght. RJB f T�5 � �. � , P. 02 0 ,_ > lanuary ll, 1996 Dear Clearwater City Commission: I am writing in regard to the proposal that is under consideration that Marlo Blvd. and Landmark Dr. be connected for the sake of a small pristine park. I live in Country Villas South and i feel that a connection at that point wvuld cause havoc in our comfortable neighborhood. We are atl very proud of our area here. When there is a vehicle in the area we feel secure in knowing that it belongs to a neighbor who lives in the cornplex. We fee! that the Marlo shortcut will not alleviate the problem of the traffic getting in and out of McMullen Booth Road. This wi�1 hinder the situation and make it rnuch worse. Motorists will cut through to avoid the light on McMullen Booth and Enterprise Road, rnaking it a thraughway. We are expecting that when McMullen Booth Road is completed the problem will be much less. Of�course, a tra.ffic light on McMullen Booth and Marlo Blvd. wi11 solve all of our problem. I, as a taxpayer, feel that we should be heard and have as much of a voice a5 the few that are in favor of this venture for what-ever reason. Many residents feel as I do and can envision the more serious problem that will result if Landmark is extended and connected to Marlo.. Sincerely, , � _. �"'/ � �� � .� J �G� � '� , � c. c t-��..x, Flora Considine r� Gaoraa & Nancb Cltment 6�13T960066 GEORGE A. Ci.�EIVIENT Rabble rouser 2910 Deer Run South Clearwater, FL 34621 813-795-0060 voice or faa February 2, 1996 Page 1 of 1 TC1: Maydr a�d City Commissioners Subject: %andrnark Drive extension P.01 �OpIES TO: COMMISSION ��gp11996 af�t�s `,L���K / ATTORNEY You are already familiar with the endorsemeat of the Landmark Drive extension by both myself and the Board of I�ii•ectors of the Northwood Estates Homeowners Association. I have resisted the temptatian to get a lot of people to tonight's meetit�g to speak redundantly in favor of the extension and to help counterbalance the people �om Country Park who feel that city-owned property is theu- private green a�•ea, I cannot conceive that there would be any votes to cause Northwood residents to have to go onto McMullen-Booth Road to get to a park whicli is only a few liundred yards away. Keep up the good work and thank you for tistening to our concei�s, Sincerely, � � _ � �-�. . + �� � �rzca •1�'� z�;� ��:=�� a FEH-01-1996 1?s40 FROM ENGINEERING SCIENCE TAhPA TO Pcbru�uy 1, 19�G C�caiwatcr Gity Commission 112 S. asceol� Avertue a�a, n�a� 3�sia sub�«*; �.s�ama�lJriv� �te�ion Dear Mayor and City Cornrniss�oners: � 4626720 P,01 We arc cuiab2e ta att�nd t� City Cammissioners rnec�g tomg�at, bui �voutd ]ik� to comrnanL regardin$ t�e p�c opos�ed e,�ct�sion af La�dmarlc Drive. 3ustific,ation pmvided by the City f�r tbe ?,a�dmark Dtivo Exteatsion tncludea: providiag s�dequ�te acces� ta LAke Ci�swtsuqust Ps►rk while elimiaating a potential increctse in tra�ic on Marlo Blvd. due ta park use, providi�g a se�cond ingres�Jagress routa for residents of Sha.dy �ak �rarm.s, and providing the first phsse of de'vetopment of Landmark Drive to Union Stre�t. Additlonal b�nefits suggested by the City in support of tho project includo: provlding atizens with � p�rk with adequate access, reducing potential paric txa�'ic throu�hh a� aubdtvie��n, cre�tln,� acces� swd front�e for r•�idoati,al davalopmQnt, creating diverse habi�tat in what is a�ncntly a a�daw, aand reduang floading potential in thc Narthwood Estatcs ar�a, 'W'e feel that tba abova itans da not provida su�aent justiBcation af tbis proj�ct a� proposed for the folLowing reasons: • Any reciuuction in the minirnal tra�� inerease due to parlc use will be affset by the tremendous imcreas�e in cut-through tra�ic avoidiag the intersection of F..nterpris� and I��:1Viullen Booth. Ass�ming that Par� users are nat in � h:uYy, they are leas likely to 9pe�i, i��Ore ua�C si8su� Puiestrian:, eto. (�t-t�uough tra�c will be a probf.emth�t increascs steadily with time (,gcowth). Comm�tters loak for �y way to decreasc commute time by avoidi.ng del,ays at rnajor intersections. Conbrol tneasures are typically art�'ec�tive. � irxitu�g Sha.dy O�k F�cxna�, �sp. northbou�d, h�g be�n s prob(�n fvr residenta %r sgveral ye�rs. This problaa was exacerbated by tb� Bayside $rid$� ar�d iacreas� in rnuaber of c�rs greatly above design c�pacity for t� two lane s�ction. 'Ihis problem will diminish with compl.etion of McMullen Booth; six t�ral�c lnnes will ailow ca�rs to m,ovc in bunches betweeA intccstctions (as opposed to 1h� current constsnt �rearn) wltb t�tura� $apa �ltowing car� tn enter And acit the ro�dwey uwre e�ni}y (withaut s t�C light), � �Dv,�R� 0 FEB-01-1996 1?=40 FRQM Eh1GINEERING SCIENCE TAhPA TO 4626?20 P.OQ Pa�o 2 t��em�bGr Ci�y Con�oai Febraaiy 1, 199G •?be original »eed and justiScatidn for de�vel,opment c�f iandmark Dt�, was to provide �access to a school whicb ia naw not li�aely to bo buih. in eddition, access to this parccl could be provided via Union without the excansion to Landrnark:' Consttucqon of this roadway w�t create �ccess ard frontage for the dev�clopment of 33 new residential homcs; this is probably the driving force for t]us project, but a lot of taxpayer money �►uid i�� �vexi iT t!w davrlupar ��tr�s hi� vwn ar,c�e.s�s, Cr�eaticn of habitat divarsity is a worthw�ule goai. but tba e�aistir,� plgnt commuaity to be diaplacod provide� �ter hab�tat diversity end aesthetic values (vis�aaal baaicr elon� �nt�rrprise) tban. tho p.c'npos�d rnld�adon ares. Rcduction of flaodin,g poteuti�l in tlt�o N�rl.hwucxi �tatr�s � i� vca�y unportant, bui thia can be eccomplished wttbottt cos�struction of a roadway �as is bGing do�s in othar parta of thz City), T'haok you for your considerativa of tb� above rentarks. Surc�r'elY. L�w, ►+.,c i'h�Cerr�.� R �obett �d Lauria McC',oruaeil �Q331'in t)ak Drive CEe�rwater, PL 34619 � (813) 726•8705 � � CNy Commisslon January 19, 1996 C I T Y Sam Porter Katz, President Country Park EIomeownera Association 2943 Hillcreek Circle South Clearwater, Florida 34619 Subject: Landrnark Drive Extension Dear Mrs. Katz, O F , C I. E A R W A T E R POST OFFICE BOX 4748 CLEARWATER. FLORIDA 34618-4748 crJ'l�S U: i � �MMISSlO�; � A N � � 1996, : ~�C� ��-�RK J i q�r�o��`�• I have received your Letter dated Decernber 19th and had extensive discussions with both Richard Baier, our City Engineer, and Ream Wilson, Director of Parks and Recreation. I have attached herewith a copy of a memorandum from Mr. Baier and Mr. Wilson which describes the history and evolution of the Landmark Drive project as well as the Lake Chautauqua Park. The Commissfon will discuss this issue at the Work Session of .7anuary 29th in its closed meeting between City staff and the City Commission. Subsequent to the Work Session, the Commission will discuss this item during its February lst meeting at the City Hall and within the Commission chambers. This meeting commences at 6:00 p.m. and you are urged to attend so that we may discuss this important issue during an open and public format. Please review the attached document and if you have any questions you may contact Richard Baier (462-60Q2) or Ream Wilson (462-6531) directly at the City Hall Annex. Sin ely Mayor Rit, RJB/RG/ns Attachment ' cc: City Commissioners Elfzabeth M. Deptula, City Manager Ream Wilson, Parks & Recreation Director Richard J. Baier, P.E., City Engineer a�.� x ��� "Equal Empioyment and A•If►rmalive Action Employer" �' �nt�;raepe�n.moncK� wrrvbw,,nuru,�x TO• ��ROM: COPI�S: SUBJ�CT: ' I�ATE: i � � , ,� ;� i ; � �, ; ;+ ± ,� ��� , ., ;� �� �� , � ; � :; ,- �:: �. : ;. i : . � � I ! ZO'd Betty Deptula, City Nlana�er Ream Wi�son, Director, Parks and Recxeat�on I�epartm�t_ Rich Baier� City Engineer � ` , Lake Chautauqua Park/Lan�dmark �7rive Extension January 12, 1996 Z'he City of Clearwater purc�ased Lake Chautauqua Park in 1972 with matching funds from a Land and Water Conse�rvation Fund (�.W.C.F.) Crant. The L.W.C.�, i,� a fedexal pxogram under the National Park aervice (N,p.S,) and it i� a�ministexed on a sLate level by the "Florida Department of Environmental Protection" (1?.E,P.). At such ti.me as t]ie Gxant A�reenient was sigred, it was requ�ired that the par3� be developed i.n ar,�ord with approved plans which included a� overni�bt campi.t�g area (tbS.B has since been removed), picnic facilities� water oriented activities, and nature trail�. �owever, t,lus development has �not occurred because of tbe City not havi.ng an adequate public access road to tbe park. In a letter from the Department oi Natural Resources (now included wit� tiZe D.E.P.) dated September 29� 198B, the City was remirded tha� tbe acquisitaion of tb�e property was co1npleted in October af 1972 and that Federal L.W,C.F. regulatao�ts require that it be developed and open to the public within �ive years of :be purcl�ase. We were also informed that of all �.W.C.F. projects in Florida at tbat ti.me, Lake Chautauqua Paxk was one oi' only two undeveloped sites and tbat development plans were bein� finaU�ed for the other site. Most recently, in 1996, t}le D.k;,P, agai.n conducted a complia.bce inspecbon of park,9 in Florida whiCh received grant funds from the L.W.C.F. program. As a re9ult of thi� insp�ection� we were �gain inforined by leEtar (Apr�i ig, 1996� tbat �ake Chautauqua Paxk was still undeveloped and that if it was nat deveioped and opeaed to tbe pubUc, �he park could be desiguated a"conversian" by the N.P,S. Replacemeat property would then have ta be provided apd developed for public recxeational use by tbe City. We were �sked to submit a deveiopment plan wit.hin 60 days aad a time scbedule far openi.n� the park. As mentioned pxeviously, City developrnent of tbe �ake Chautauqua P�rk had been postponed because of inadet�uate public access, However, Ehe City'$ 1995/96 Capital �mprovement (C.X.P.) budget contains funding to construct an extension of Landxnark Dr. south of Enterprise Rd, to tbe park. As a iesult .tcrc►.o ��'� ►srta tt�99-Z9ta-£i8 ss�} n-,+eS • 6u3 .ae��pn�„�Qe �� y8Z = tt 96-ZZ-ue— �` ~ , , s; �; ;t r 1.�Y M Mi, ��V' � V V V Pa�e 2 of this access being provided, 2he developmeat of Lake Chautauqua Park wa,s agai.n subrn.itted and, li]ce the Land:nark Dr, extension, i� was approved by the City Commissian. Spec.ifiically, $260,000 is included in 1995l96 for I'hase Dae development and ��2a,000 i� 199G/9? for Phase 7'wo development. The D,E.P, has been advised of the above approvals and, in response ta the letter of Apri] 1�, 1993, staff submitted a development pt�� ar�d a time scbedule to complete phas� one develop ment by Navember 20, 1996. 'I'he pl�.n and taine schedu�e were approved by tbe D.E.P, and the N.P.S. In accoYd with the Ci�y's aevetapmant schedule, a public meet,ing was held at tbe �vuntryside Library on Manday, November 18, 1995. 'ihe primary purpose oi tbi$ rneeting was to gatber informahop and cornrnedts from residents and bomeowners assoca�ation9 regarding the desig�a of the parl�. Followi.ng comments £rom City staff, Mr, Harry �'+�iaynard of the D.E.P., and the City'e consulta.nts {Fogt, �uckley, Scbah & Jerniga�), attendees as3ced questaons and generally appaared in favor af the c�nceptual plan for park development. (See attacbed master plan.) Specifics concernin� the developnaent include: ,. . . r .f �; . �;. � . ' • . i + � � ; � � � ! i i � i i � . I . ! !. EO' d F'i�rst phase develaprnent of' the p Ark i,s scbeduled to be completed by IVovember 20, I996 at a budget of $2G0,000, F�rst phase development will include an entxance road, paxking for approximaLely 50 cars, picnic tables and g�ills� u�ture trails, i�ntexprQtive signin�, e�trance gate, ete. $econd pbase developmen` is sc.}�eduled to be completed by June 1, 199? �t a budget af � f 20,000. ,. Second phase development may include a xestroom, fishing dock, ramp for canoes vr other nan-raotorized water crai� etc. Whcn completed and opened to tbe pub�ic, the park will be closed around sundawn eacb day, A rninimum vegetative bu�fer of 100 feet will remain alon� tbe nort.h �ide of tbe par]C sepazating prirk development �rom abutti.ng residence,9. Parkstream Avenue wit�i�n ti�e Country Park subdivision will remain barricadEd witb no vehicular or pedestrian acces� to the park. The onay entrance to tbe par]c will be from tho east, Lar�drnark Dr. rigbt-of way. The current m�tenance roadway (unpaved) will rema.i.n along the north side of the p�r]c for maintenance vehicles on1y. Thi.� w�ll be seeured and will not be $ public access. On the other hand, the extension of Landraark Drive bas a rather ien�thy back�round as well: � . Pinellas County obtained 33 teet of land �long wi►at i� now proppsed for Landmark Drive to be used �or a public road. dr�inage ar�dlor utility purposes only in Marc� of 1960. NCfCLiD � ��� t�b99-Z9b-£t8 sea��n..rea� -Bu3 .�r��gnti.nge�� b�6Z= ZZ 96-ZZ-ucrC � � ,; � t } ,s .. � � . . .. � pa�e 3 • The Clee�rwater City Commiasion o�n Octaber ?, 1974 adopted the o�cial thoroughfare plan a� prepared by thv Planning Department and tbe Parking and Traffic Comrnittee. 'T'h.is adopted p1An depicted Lancl�nark Drive extension £�rom Enterprise souch to ault'.to-I�ay, • in 1979 the deveioper was required to reserve ri�ht•of-way for a project within tbe Sbady Oa1c Farms/Country Villae Subdivision for the Landmark Drive extension. • In I�J86 tbe City Cornmissioa spproved a reservat�on of rigbt•of-way �rom the Country Park Developrnent i'os tbe proposed Landmark Drive extension. • In 1989 I,andmark Drive exter�sion was advertised as a Psnny far Pinellas Project and listed withi� the brochure of Penny for Pi»ellae Projects when the salea teuc was approved. ' • Yn 1990 the City Cornmission approvod a contract with En�eering A�sociates to ; prepare construc�ion plans for the extension of La.r�dmark briv� to Uniop. ; � In 1991 origival construction plans now completed wer� shelved for construction dollats to be included iin tbe City's Capital �rnprovement budget. • In October of 1996 tbo l: ity Commission approved the City budget which contained a � Capital Improv4mont Project to allow funding of the Land�aark Drive extensiov Erorn , �nterprise Road t�o just north of Marlo. ' TI�e existin� construcLion plans depict a three-Iane facility with a center turn Ia.ne �2 �; feet in width and t�vo travel Ia.n�.s 14 feet wide. Several alternate co�gurations have ��� been discussed and include a roadway typical section which would incluc3e two travel i� la�.�nes an� Lwa bike lanes on th� outside of the pavement. Sidewalks are also included ;� that are five feet in width on eacb side of the roadway. The implementation af bike Iar�es - is dependent on a roadway typical section tbat eail.s for the rigbt-of�way aridth uot to be ; • : less than 70 fegt. ,. ' . ± ,' � ; !� ,<: �� 1 i ;.. � ; : .; i i � I ; i ! + � . ; � ; , It is unportant to call atteation to tbe stormwater tteatment a.nd retentipn pond togetheY with the miti�ation area within tbe property aiready purchased by t�e City oa tbe east side of Landm ark Drive right-of•way and adjecent to and soutb of Muue� Creek. 'I�is stormwater treatrnent and retention pond area, along with its rnitigation site, i� in excess o,t' one acre and will pro�zd� a diverse babitat for wildlife ove�r the rneadaa► which currently exists at this aocati�n. In addition, tbe construcfaon of t�e box culvert bridge over Mullet Creek will allow this cree�C to better co�vey water as it is the outfall far upstream flood.ing issues al�ready d.iscussed in and around the Northwood Subdivision. The existing plans do not depict Saber Drive as being connected to t1�e I�ar�dmazk Drive extension but do depict �Viarlo 13oulevard as being connected. In response t,a 9evexal concerns frona the citiz�ens in and around tbe Marlo Boulevard �exghborhood, the City �ngineerin� Aepaactment has come up vvit,h several options which addreee "cut through" traffic. They are; tbe cul-de-�acing of Marlo Boulevard at Mr,Il�ullen-Bootb Road, the restxic�ion of i�sgressing tra�'ic froni I,andmar3c Drive eXtension i�to the r?arlo �oulev�rd neighborhood (this c�n be �ccornpLished through raised tubulax dclineatore down the center of Land�nark Driv� or a rai.scd aeparaLor a]o�ng the center of Landmarlc Drive extension), Th ese traffiie �nd circulat�on issues and the treatment tbereof have not been► b0'd •u�a�o e'� .�r�. i�b99-Z9b-£t8 se��.n..�e�c -Bu3 ..ie��.sn�..a�te��� b�6Z=LT 96-ZZ-u�C` i � �� �, ., ,. .; ; .� .� , ca�� y finalized and await further input frora bot� the comtnu�ity as well as tbe City Comnnission. Alternate xoute� to accQSS the park have been revieaed. Community member9 bave gutggested tbat the paik be accessed from the soutb along Union Streat, Unfortunately, the City does not possess the required ri�bt-of way for such roadway construction and condemn aiion would be required to acquize the rem ai.nin g lands. In addition, tbe Ci�y ct�rrently owna no parcels of Iand that could stand for the water treatrnent and naitigahon site as required by Federal/State law. �'urther, the roadway itself' would provide no relief from tl�e constant calls received from Marlo resident� cancer�aed witb their current and future access sconario to McMullen•Bootb Road. �'h►e resident9 of thi,s eommunity bave atternpted, over the past severa2 yeare, on two sep�urate occasiona to have a signal erected on McMulten-�ooth at Marlo Boulevard As the sign�l does not meet the appropriate warran�s and w�,s disapproved by tbe Caunty, it is doubtful tb$t relief is a�ear and in sight. � Althoug� it was not the purpose of the November 13th ineeta�g, severa] resident� re]ated : either opposition or suppoxt of the exten;�ion of La.ndxnark Dr, In recent weekt, priinary � concerns havs been expressed inrluding; 1) why doee tbQ City need to extend L�ndmar]c � Dr., 2) how much wil.l the project cost, and S) wbo wi.11 benafit �'icom the Landrnark Dr. extension? ��f'ormation regarding each of these concerna is outlined below, 1, W13'Y I�OES TH� CITY NEED TO EXTEND LANDMAR� �R.� � To provide adequate public access to La.ke Cbaut�uqua Paxk. �'+ • To reduce par�c trai'fic th�t will occur on Niarlo Blvd., a reaideniia] road fzom tbe east. .� •'� To provide a second i.ngress/egxess option for residents v�' the Marlo t�rove.� ., � � subdivi.sion. ;� • To provide fi�cst pbase of the development of La.ndmark Dr. which will eveut�telly be ` exteaded to the south to Union St. , , .;: Z. �O�'V MUC� Vljii��.THE PROJECT CdSTi '' • Pazk development i� bud�eted at $2G0,000 for first phase �nd $120,040 �'or s�cand � phase. • Landmark I)r. exten�ion �s budgeted at 5930,000. � i , �, -i�.; �� i i' } i + t �� 3. WIi� VYI�,�, �ENEFIT FR4M TH� EXTENSY4N OF LANnIH'ARS D�,,? • Clearwater e�tizens will beno�it by having tibe park d�veloped and adequ�te access. •�2,esident� of the Marlo Grovas subdivision will benefit by havin� leas p�rk tra�ic through the�r subdivisian. • Access and frontage will be available to new residential developmez�t of 33 home�, .cc.cun � •�'u► j � '. � 90'd t�i99-z9ts-£t8 sea{.n.�es •Bu� .�e�a.eNa..��re�� ta+6Z�ZZ 96-ZZ-urrC i M ��.. , • �a�,Q � • , • Regidents in Na�-thwood Estatea wila bene�t thro��h isnproved drainage conti.�.itaon� a� _ the outfall ia up�raderl and th� treatment pondi.s constructed. • A divers� babitat will be created where now a meadow witla brusb e�ta, � A► neig}aborbood which ha� extendod �reat effort i.n �ai.ninQ a signal will have an alternat� route of t�ravel. � • A remotelin�pce9sible area treque�atly used by toens, etc, will be li�bted and accessible to the C�earwater Police Departn4en� Attachment �W:mg H:�DATA�WPFTLF:S�INQONF.EI�RWMEM09\DEPTULA9.DOC n i i + , 4�� I ; ' i . � ', 1 � , ( 4, � � i� � ( f ' ; t0'd � � � � � • � �. �tvstro � r►rtr tti99-Z9t�-£ZS se9��.n,.�es •6u3 ..ae��*tnn.,�tre�� dZ£=tt 96�ZZ-uQC . _ - - - - - - -- I � } Jan-22-96 11:32A Claarwator Eng. Sorvicas a13-462-6641 P.02 �� �Z � � �4 I � � � Y �� ._._ ._.. _ - C: � _ � Y . —���n ?���v+vrY�� r!!E � � ! i �'w,►:�+iL.� r� � 1 r-;: r i� .iT �t _ � j .�_... - �� � � � � � I - r ' ' � ¢ , I � ' y 'r � . � � K �'� �' � 1 ' � i�t t�? ' ' F � I .. t � ������ r� �� �� �� ��.. ; , �� � � } i�� 1. -- �,� � a� � �cf .�.._.. ... •. � , � � ��t � F �� �Y �� � �d � � 0 � � � � � � i � � � < i � , , � i , ` L�I , ;� :�� , , ; � . � . ��. , . .,� � :�}: .� �� .� ; � .�i ;; ��; .., .;� � 1 � ,l � . l � ! � � ' � I � ' . � � l ; ;� . ��.:.. r . . �.`: �s�.... _ ., , �_i. , i • crr�• � �•i � .::.: irE=i � :��• rf � �"�t• • Da'T E 0 1 . y � ���� � L� ,, ��1 .ti ' �rii 1 \ CLEARWATER CITY COMMISSION Agenda Cover Memorandum Item N �� �� Mceting Date G'` � - � � �� � SIIBJECT: Pier 60 Park (96-g) RECOMMENDATION/MOTION: Award a contract for PIER 60 PARK (96-8) inclusive of the Concession Building, Pavilion, Covered Playground and Park amenities, to CALADESI COI�STRIICTION, COMP�NY of LARGO, FLORIDA for the sum of $1, 210, 425 . QO which is the lowest responsible bid received in accordance with plans/specifications, and approve a transfer oi $135,521 to the project code from the unappropriated retained earnings of the General Fund, � and that the appropriate officials be authorized �o execute same. BACRGROUND: Earlier this year, a conceptual plan was brought before the Commission which depicted a park inclusive of a concession buildinq, covered pavilion, and covered playqround. The Commission made special note that they wanted the park to exhibit a nautical seascape theme, preserve open space and vista as well as provide shade for the playground area. After several meetings with key staff members from �he Marina, Parks and Recreation De�artment and City Management Team, the attached plans were prepared. The subsequent plans depict: e An 1800 square feet concession building which was increased in size from the original 1500 square feet structure to accommodate the Pinellas County Health Code requirements for rest rooms. The building was relocated to the east to allow construction below the base flood eleva�ion of 12.5 N.G.V.D. • Parks and Recreation concurred with the professional landscape architect's suggested movement of the sod line eastward. This was down in an effort to improve long term aesthetics on the beach given the difficulty in maintaining appropriate turf grass on the beach itself. • The original conceptual plan depicted a 121 feet diameter playground covering. This roof structure alone was �stimated to cost the City over $200,000, be dark and cold in the winter and be difficult to construct adjacent to the velocity zone when design pararneters call for structural design to accommodate 120 mph dynamic wind loads. continued: � Reviee+ed by: ; � � � � , Originating Dept_ ; Costs: $1,210,425.00 ; Comnission Action i = Legal` _ ' n ' � � � ; E�gineering` ; (Current FY) � Approved � = Budget � ' i � � � i User Dept_,� ; Funding Source: � Approved � � Purchasing � � i i w/conditions � i � Parks & Recr at o , Capt. lmp. X , ! ; Risk Mgmt. N/A i = i Denied � � iAdvertised_ � Operating i ; ' IS N/A ' ' ' Cont'd to � � =Date: 12/OT/95 & 12/13l95 ; Other � � � ACM W �'I; ' ' � i � jPaper:St. Petersburg Times� � � ' ENG. ' ; ; Appropriation Code(s) ' Attachments: ' � � ; Not required ; � _ i ; PK 8 RE ; ; ; Bid Tabulation and Summary ' , _ ; Affected parties � � Z ; Submitted by: _;,. notified ; � � � � , � City Manage�� � i Not required x i : _ i i � � � i p.�rw.w�, Pier 60 Park (96-8) Page 2 �� • The Commission concerns regarding the construction facade at Pier 60 Park are such that the Park mirrors the seascape nautical theme exhibited by Pier 60 itself, and the concerns have been addressed�within the construction plans. • A portico midway along the promenade has been eliminated in favor of an open nautical truss span in keeping with Pier 60 itself and actL�alizing a$40,000 project savings. • City crews from Engineering, Parks & R�creation and Public Works have provided excavation, the installation of landscaping, concrete flat work, grading sign manufacturing etc. in an effort to maintain a value engineered budget. These services have saved the City approximately $100,000 over outside contractors. This project will start on or about February 5, 1996, and is scr,eduled to be completed by June 28, 1996. As you may recall, this project was advertised over the Holiday Season and the sole bid rejected. This most current advertisement yielded three bids of which the lowest is some $200,000 below the prior bid. Funding in the amount of $169,513 is available in Capital Improvement Project 315-93288, wh�.ch is the project originally established for the construction of a beach pavilion. Additional funds for this contract of $139,270 are available in Recreation Impact Fees. The balance of funding for the project, $1,037,463, will be provid.ed with the appropriation of unappropriated retained earnings of the General Fund at first quarter. (This total is $135,821 hic�her than the recommended bid contract amount due to the inclusion of the playground apparatus to be provided by a separate contractor and a 5% construction contingency). Revenues fra�n the conc�ssion lease at an estimated $150,000 per year will be captured in �he General Fund as a General Fund revenue. � 0 m � O O Q J m Q � . FW- � � a Q N � ., Z Z W � � 00 U O O O O O O O O ? +�-- O O rn o0 tr� �n o0 J �' C7 M O � O O� �t' c.�0 � OC � O N � c0 O o0 C� w t1� c� O c� �t O C� F-- }" � N r- N N � Q � + v> � � � W Z ¢ o� O J UU V � O O O O O O O O � d e�-- N � O CO � O N � � 00 (h �- �c-- c- CD N Ct' V� M N 00 t,f7 CO M �-- O OJ Op e-- f� 00 tn 07 �- � � � lt') N �-- N W � � Q�� � � V U� � O O O O O O O O F- �'Ji. Z OC o0 M � O �-- M O tt Q W 00 �' tD d' CU CO tt� st- V}. �N O i� c0 O tn �-- tsi 00 �-- � 00 U M �- � a� t.t) N N r- M J � Q sn � �C O J n.. U U �� � � � � � � J d J J J J J J �J � �- .- t- r- r- �- .- 0 � 0 � � z U � � � � � � 2 � � V � � ° t-�- � z ° � W � u� u� w Q�- O p m >- >- � = Z w G1 z z � Q o W z m o O a. a. W a a�- Q a � z N�. > a� z � W � �n `t LL' � d h w-- V J 0 w w O 4 U o F- �Q z Q C� U a �t d- v) _.., Q � � - �- N M d' � CO t'� w p �" Z � � � 0 m r '� � � U J � � m 1� M � � U W 0.. � Q �� Z J m �� �- z � � � z� Y �p U � a'. cn ONC O�C 00 � � Z Z O O U U � o �" z U z Q Q � -° � o V�U � Z z �p O zVU O� E�.- F�- U O�OZ? � C� Cn w V V -� ow�� >°z zc� � oao =, � , O � w Z � W � O Z m Q � m � W a To: From: CopieS: Re: Date: �� MEMOR;ANDUM Commissioners Mayor Rita Garvey Betty Deptula, City Manager Pier 60 Park January 31, 1996 CITY OF CLEARWATER OFFICE OF THE MAYOR COPIES T0: COMMISSION FEg 01 1996 . + Qh'1C.�•7 CLERK / ATTORNEY ************************�*******�*�x***********************�* The Beach Area Council of the Greater Clearwater Charnber of Commerce met this morning, Wednesday, January 31 st. The issue of the new beach concession stand, playground and pavilion area came up for discussion. The decision of the 36 members there was of unanimous support for the current plan. They adamantly opposed the idea of leaving it o�en, resulting in a wind tunnel effect, which is deleterious to the best conditions for the beach. ,' � 02/01/96 14:00 f,?449 2889 F7Cla+ltq Commlttr Sc�� R� o�w1�t, L�'��•er� E0. A�seroay � VG QewrNn�►tAl e{�air� 6cri»»nu:cbertlopantnl v ���� M.a caw+e;l� �Cooper v� .»-;�, Dsnid T.Mano VC/daa+btraA�ptPu.Dl ieaioRd P�Mtc tstotlonr YCSp��� caen A. uivfs, n fri+t�� ARa M7ti�isat P�+neau 1m�r�6attPa.rt CAairman ].u,� J.2��u lsR�[ Cawa1 reie� �1'oodha�e ��, c� soard otDiredo� H+vk N. Abda D�aicll►I..�adriio Ch�aE. Helu �c.s«�� cx�s.� I.c�d 8��ra s�a«aw.s�en x� w. ey�a �,r c� udau!'Bua�' Dav+d Sdv+a�d C Droato A�iCicJ.Dufty c�r s. c�.r �,.�,,a�,� wt�u,nQ P�+i1 b1. i�a+dmai �r�� C�ocdoo L!olu�aao � M )aude. Wlky ?danin J.:i McCucsaln. h. Aiiu3a.s Mflfoca /�nna B. Mc�ata Nu+J� Y, i�rephr. tII r�,s� F. wd,a. Krthr th�nR�bon ?�irtt�d�sRvtl�d�t � �. s..�+ vn,�� s�aanr.s��« �aw, s� D�via P.s�oae R Gdta►ql�rd lams: Wiaous ��., �. w;�;,a,� x�P,� �AY � �, F�bruary 1, 1996 ��� CL�YTR CHAIdBER _„ � QO1/001 1�E�TE1� �L��1�/ATEi� CHAM�EI� aF �C�IV'11V�E(��E t28 K OSCiOU AY�. PA. 80J� �ST, C1EAR�IIAiElI ft, �4b 17 • 81JJd01-001 �� FiUt 8191�[4Q•�8� • The Honorable Rita Garvey, Maxor and the Gity Commission Gity ot Cl�arwatar P.O. Box 4748 C1 earwat�r, FL. 3 4 61.7 Dear Mayor Garvey and commissionera: The Board of Diractor9 oP your response to tha reCommendA��.4ri strongly er,dorses the origin�.l 6�w COPIES. TO: COMMISSION FEB 0 1 1996 PRESS CLERK / ATT�RNEY Grea�er Clearwater Chamber in o� our B�ach Area Council conce�t far �he Park �t Pier The b�n�fits of this program to our visitorg and residents wiii surely increase the quality of liF� in Clearwater. Additionally: - Th� pdrk will enhsnc� continuation of Sunsets at Pier 60, e regular, nig2�tly family-orir�nted event, which bas impraved the qu�lity ot litQ for the resfdents ae ��1�. a� being a popular attractiori ior tourista. - Without these amenities, a public safety issue comes ta the fore�ront as sand accumulation on the streets and marina area could cavse an unnecessary hazard anci an ongoing expense for the city. - The pr�rk ag originaliy planneQ would aat as for Clearwater Beach and wou�d oifer visibia family-oriented activit�.es �or the ressid�nts alike. ' an attractor �nd visito�cs - The pra�ection� for �uccass o� the incoming concessionaire were based upon tbe amenities qriginally slated being in place, We encourage you to movQ forw�rd wfth the origin�l commitm�nfi to this important aconomia praject for Clearwater Beach. SinceYely, � . ,.� � , ephen . Fowler Chair.man of thA R��r� 0 � � � _ FEH-01-96 THU ,0�2 ;58 PM KELL.EY INVSTMNTS CLEARWA'i'TR B��vi �. C�iAlVIB�R OF CO1ViM�IaC� P.O. Box 3321 Clearw�►tex, FL �l630 Phone (SY3) NI-�46S F�ctiazila ta�3� �i.a�3s asexa$ I Rla G•evqr ' nT1r cA t►ltctn�V c '� Que 8ettll.id iob Cbrk j9, jokeuon Fr�l T�amu� �caaerle,�ra RNtp Dcptull� f�'�TY A'[TQ�T�7FY p.aut, �Jc,a �NI1aG ir P ANNiN� ScOtt ShYio[d February �,1996 913 441 4i33 x�: Clearwate�r City Comsn�lssion Pycom: �'aul j, Kelley, �'zesident, Clearwater Bea�h Chamber of Commexce � COPIES TO; COMMISS�pN FEB 01 1596 PRESS CLERK / qrTORNEY A,s the Presidez�t of the Ctearwater �each Ck�amber of Comx�nerce, I would like to convey oux orga�tizativxts cornplete support of the pier 60 Redevelopment �'roject (�'avilion, Playground, Concessions). We would l.i�ce to see this project completed with t�e proposed Pavilion, propased Playground and t�i� proposed Concessions, It is our feel�ng that all thxee oE these co�onpone�ts are beneficia�, . . . It is our wish to proceed with the project in �ts entirety and would encourage you to vvte "YFS" on this issue, Sincerely, Pau� J. Ke�1ey Pres�denti Cleaxwater Beach Chamber of Comm�rce pk/dp , 0 �� P. 02 , ! �' f� ._ ,�, , _ , , .. . . . � .. > Sheet1 General Fund Unappropriated Retained Earnings As of 9-30-95 First Quarter Budget Amendments Aqproved 10/19/95 Florida Trend 35,000 11/2/95 Municipal Svc Technology 351,886 11/2/95 Payroii System 25,932 11/16/95 Charnber Property 305,250 1 /4/96 Chicago Promotion 13,000 Commission Salaries 13,000 Bridge Funds to be reallacated 1,075,241 to bridge construction project �. �. �0 % of Approved Budget $ 11,923,800 18% Subtotal 1,819,309 Total 10,104,491 1995/96 General Fund Budget Less: 10% Commission Reserve Surplus Above !0% Reserve 65,736,970 Page 1 6,573,697 3,530,794 15% 10% 5% E �■ �_ FEB— i-96 �T�HU_02�,i� pM K.EL..LEY INVSTMNTS CL�AR�VY,A"T`�R �3EA.C� �I-iA1�REI� C�F COMIV��R�E P.O. �cx 33�� Cleirw�tet, FL 34630 �hons (8�5� 441•�[465 Fac�tmlte (�13) 441-�133 �aeac�,8. �w c��►•� �RY CAMMis]ONEAS aue e•.ineld aob Q�rk j.{. jo�n►on Fred Ttioau� �� Qettp p�ptnita ci�r s�nr� �,�.�a �►+ T�ts.a�tt �] IN. tco� sbufo�a A �" 1 -� u��� � � � ---��" .� l `—} � fV� UV � � � I �-�' � �' February 1,1995 � A13 441 4133 > � �b � To: Cleaz�water City Comrnission From: Pau� j. KeUey, President, Cleanvater �each Chamber of Cornme�cce .t COPIES TO; COMMISSION FEB 01 1996 PRESS CLERK / ATTORNEY I would l�ke take this opportunity to introduce myself as the president of the newly forDn�d Clearwater Beach Chamber of Commezce. An issue has arisen of spec�al concern to many business ownears on Clearwater Beach. There is a proposaJ to d�scuss the Park�ttg Spaoe Util�Zation Agreernent at your n�teeting scheduled on pebru�xy 1, 1996, It Is our offici�l position that this proposal has not been ful�y reviewed by our concexned mernbers and we wish this proposa� be postponed until we have had the opportun�ty to look closer at the ag�eebnent, We hope this can be resolved and appreciate the Comm�ssion suppozting a thorough analysis. � Sincerely, � Paul J. elley President jC�O Clearwater Beach Chambe� of �ommexc�e P��dP 0 P.02 � o .. � � :� S��"+ � ,,I, � � � Q -� c 99��TE��C�'o� �� � Clearwat�r City Commission Agenda Cover Memorandurn Item � � t4eeting Oate: � - .�_:.``� �r._._._.�... SUBJECT: ORDINANCE CHANGE TO CHAPTER 5, ARTICLE II, FIRE ALARM SYSTEMS ------�---------- RECOMMENDATION/MOTION: APPROVE AMENDMENT TO AUTHORIZE COLLECTI�N OF AN ADMINISTRATIVE FEE FOR PROCESSING FALSE FIRE ALARM INCIDENT REPORTS AND PASS ORDINANCE �j�59o2-9ti ON FIRST READING. � and that the appropriate officials be authorized to execute same. ._ .. - BACitGROUND : When Suppression forces determine that a fals� alarm has occurred, the incident report is forwarded to the Fire Prevention Division. A Notice of Violation is then sent �to the property owner by certified mail. The property owner has fifteen (15) days to have the system repaired and provide notification of same. The violation notice is then considered complied with. In many cases, several false alarms will be satisfied by the same property owner within a few weeks in this manner. If the owner does not comply, however, a Notice to Appear in County Court issued. To this date, no property owner has allowed the 15-da�r period to elapse. As a result, the Fire Prevention Division continues to absorb the of administering the ordinance. is cost The proposed change to the ordinance will require the property owner to submit the documentation referred to above along with an administrative fee of $22.50 to cover the City's costs to review the writtez� evidence that the alarm system has been inspected and repaired. Reviewed by: Originating Dept: � Costs: S- 0- Cammission Action: legal F1RE Total O Approved Budget O Approved w/conditions Purchasing N A ' � - 0 - Risk Mgmt. N/A Current Fiscal Yr. � Denied User Dept: ❑ Continued to: C1S N A FIRE ACM N/A �' � Ftxiding Source: Other (� Capital lmp. Advertised: � Operating Attachments= Date• � Other PROPOSED REVISION • f;C� Paper: � Not Required Sutxnitted by: Affected Parties pppropriatio� Code- � None �� J�"`—�- � N o t i f i ed " City ger � Not Required A �..� Printed on recycled paper � •i� ►�► ►• •: '. AN ORDiNANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TQ FALSE FIRE ALARMS; AMENDING SECTION 5.25 TO PROVIDE AN ALARM USER TWO COURTESY WARNINGS AND TO REQUIRE AN ALARM USER TO PAY AN ADMINISTRATIVE FEE OF $22.50 FOR THE CITY'S REVIEW OF WRITTEN EV{DENCE FROM A L{CENSED ALARM COMPANY THAT THE ALARM SYSTEM CAUSING A FALSE ALARM HAS BEEN INSPECTED AND REPAIRED; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater's false fire alarm ordinance allows an alarm user who has had a faise alarrn to submit a report from an aiarm company that the alarrn system has been inspected and is operating properly as a means for the alarm user to avoid being issued a citation to appear in county court; and WHEREAS, the Fire Prevention Division has absorbed the cost of reviewing the inspection report provided by an alarm user for false fire alarms; WHEREAS, the costs to the Fire Prevention Division to review the inspection r�ports arnounts to $22.50 for each report; WHEREAS, increasing the nurnber of courtesy warnings to which an alarrn user is entitled in a calendar year from one to two and transferring to the alarm user the city's adrninistrative costs to review the inspection report are fair and reasonable rnethods of attempting to elirninate the public danger created by the city's response to false fire alarms. NOW, THEREFORE, BE iT ORDAINED BY THE CITY COMMISStON OF THE CITY OF CLEARWATER, FLORIDA: �ection 1• Section 5.25, Code of �rdinances, is amended to read: Sec. 5.25. Response to false Alarms; issuance of courtesy warmings and citations. ***** (2) The written courtesy warning shall notify the alarm user that the issuance of #� eRe courtesy warning� during a calendar year fo{lowed by one or more false alarms occurring at the same premises within the same calendar year and after the date the second courtesy waming was mailed or defivered may result in a citation being issued to appear in county court. (3) If the fire department responds to the activation of an alarm from the sarne premises where the alarm user has been mailed or delivered � efle courtesy w�rning�, if the alarm occurs after the date the aiarm user was mailed or delivered the �� courtesy warning and within the same calendar year as the date of the first response, and if after inspecting the prernises and investigating the cause for the alarrn, the code enforcement officer determines the alarm was false, then the alarm user shall be issued a citation to appear in county court unless the alarrn user complies with the requirements of subsection (4) of this section. (4) Prior to issuing a citation, a� enforcernent officer shalf provide notice to the alarm user that the alarm user has committed a civil infraction and shali provide the atarm user 15 days from the date of receipt of the notice to present to the Fire Department written evidence from a licensed a{arrn company that the company has inspected the system and that any defects of design, instaffation, or oper�tion of the afarm system, which are identifiable as the cause of tF�e false atarm, have been corrected. Ihe w itten �yid�nce �all include an adrninist atr ive �e of �22.50 to cover th� cit�� costs to review the ins�ction re o�rt. If the alarm user fails to present such written evidence pl fails t' clu e full �inistrative fee within the 15-day period so provided, the code enforcernent officer who responded to the false alarm shall cause to be issued a citation to the aiarm user to appear in county court. (5) The issuance of a courtesy waming� �o the alarm user is not intended to create any righ#s of the alarm user. The city could have issued a citation rather than a waming after the first �pd secQnd response� to prernises where the enforcement official deterrnined no response was in fact req�aired. The issuance of a courtesy warning� is rnerely a courtesy offered to induce the alarm user to take corrective actions to prevent false alarms. ***** Sec�i� This ordinance shall take effect immediately upon adoption, PASSED ON FIRST READING PASSED ON SECOND AND FINAL READiNG AND ADOPTED Approved as to form an al s fficiency: / �C.��� _ �l . .�1 �. Robert J. �ette, Esq. Assistant C Attomey Rita Garvey, Mayor-Cornrnissioner Attest: Cynthia E. Goudeau City Clerk 2 � rti ,� : � ���� TO FROM COPIES ��� ,` �� ` �, , �� - � � �• � � ClTY OF CLEARWATER INTERt3FFiCE CORRESPONDENCE SHEET FIRE DEPARTMENT : Betty Deptula via Robert Davidson : James E. Goodloe, Fire Marshal . . BUBJECT : False Alarm Ordinance ,�` 4!�t�,��l� � � �`' �- ti �l9�� f,,;f � . tvlHsyrilr�r� DATE : January 18, 1996 I have attached the support which you r�quested. I have also attached a copy of the monthly report for October and November to support an example of the process. In IJovember, there were 95 False Alarm responses. These False Alarms are as defined by the National Fire Incident Reporting System (NFIRS). For example, some one accidently pulls a Manual Station which generates a response is a false alarm by NFIRS standards however, it would not meet the criteria of our Ordinance. These 95 alarms would be forwarded to Fire Prevention. My staff must then review the notes of these alarm responses to determine which meets the requirements of the ordinance. These causes include such things as mechanical failure, misuse or improper installation. From this review, approximately 9 to 12 legitimate False Alarms per week are identified. We then began the process of issuing notices of violation. The actual time expended on this process and the cost of mailings is what i� presented in the October 20 memo supporting this ordinance change. Please let me know if you have additional questions or need additional support information. I may be reached at 6315. . .. �� .•. � �. . 'v ` TO FR�M COPIES �► • CITY OF CLEARWATER INTEROFFICE COARESP4NDENCk SHEIET FIRE DEPARTMENT : Rob Surette, Asst. City Attorney : James E, Goodloe, Fire Marsha : Robert Davidson, Fire Chief Joseph Pidala, Asst. Fire Chief Robert Lockwood, Admin. Asst. Jeff Daniels, Fire Inspector SIIB�ECT : False Alarm Administrative Fee DATE : October 20, 1995 The following information will support the in.pl.ementation of an $25.00 administrative fee for processing False Fire Alarms. This is based on the review of 12 to 15 Reports per week and the processing of 9 to 12 actual False Alarms per week. The total time required to complete this task averages 1.4 hours per day or 7 hours per week (1.4 X 5). The following computations will support this cost: Labor 7 hrs. @ 21.23 =$148.61 Benefits 148.61 X .30 44.58 Postaq�9 each X $2.29L 20.61 TOT�L $213.80 5213.80 =$23.75 Per Valid Violation Process�id 9 � I have also included a copy of our Violation Notice and Courtesy Warning for Government and Non-Government facilities. Please let me know if you need additional information. Thanks! Ut ` �. ;1 . �_ :i!•t.wt • .. • -�r.c a`�- t"'�'.:L::�' �'i-' � � r �r P�"- , � � Y :, � •.-i � y .�� . •, .. Firo Oepanm�nt 482-8.'f00 +C I T Y C? F C L�,A, R W A T E R. PaST OFFICE BOX 474g C�EARWATER, FlOA1�A 34616•4748 Incident #: Date of occurrence: COURTESY WA►�2:N�ING FaIse AIariat Notice GOVEI�s�NT FACILITY TO: On the Clearwater Fire DepartIDtent responded to the activation of a false alarm at above address. � '�irithin iifteen (1�� days from the receipt of fhis notice, please present to the Clearwater Fire Depart�nent fvritten evidence of a bona-fide attenapt to identity and correct any defect of design, installation or operation of the alarni system which is identifable as the cause of the false alarm. � I hereby certify that a copy of this warning has been cnailed to • at � this day af _ , 19__. 0 � "Equa! Ernployment and Affirmative Action Employer" � I ; ; � ,`�-� � Iii�� ..i �(� � � �{�7►/nr �� J�' n� � ; �L ��� � � � .�. I'�� O � : V � '� : . C'7 e� . :t�'n '-� � � . _,.. ' ,`, �• � � __���, �r <-�'`��ti .� 1 � Ca ; r �' ��....iiii Frs Opartment a62•bJ00 TO: C I T Y O F C I. E A R W A T E R P O S T O F F 1 C E 8 0 X 4 7 e g CLEAFiWATER, FlOR10A 3a5t8•a7a8 Incident �: Date of Occurrence: COURTESY WARNYN� False A]arm Notice On the Clearwater Fire Department responded to the activation of a false aiarm at above address. You are hereby notified that the issuance of one courtesy warning during a calendar year followed by one or more false alarms occurring after the date the courtesy warning was mailed and within the same calendar year that the courtesy warning was mailed may result in a citation to appear in County Court. THE ISSUA.NCE OF �. COt�1�TESY WA.RNYNG� TO THE �.L�.RNI USER IS NOT INTENDED TO CRE�,TE ANY R�GHTS ZN THE AL�.RNI USER. THE ISSUANCE OF �. COURT�SY V4�A.RNING ZS MERELY .�. COURTESY OF�ERED BY THE CITY TO INDUCE THE AL�.RM USER TO TAKE CORRECTIVE ACTIONS TO PREVENT FALSE AL�RNIS. I hereby certify that a copy of this warning has been mailed to � a� this davof ,19 . � � GUES'IIINSPFRMS Pi 0 ��� ��1 . �!/ ' Equai Emoloy'nen� �nd a�I�rmative A�l�on �'m��o,. �. � � � t � ! � f � .'v� ' ` TO : FROM : SUBJECT : DATE : C i T Y O F C L E A R W A T E R INTEROFFZCE CORREBPONDENCE SHEET Elizabeth Deptula, City Manager j' Robert L. Davidson, Fire Chief �f Monthly Report of Departrnent ctivities December 5, 1995 FIRE AND E.MS REBPONSEB FOR THE MONTii Fire Res�onses occurrences Bldg. Fires -Residential 6 Cornmercial 8 Vehicle Fires 7 Trash Fires 8 Brush Fires 5 Explosion 1 Out of Structure Fires 8 TOTALB: �3 Non-Fire aervice Calls Overpressure, Ruptures Hazardous Conditions Service Calls Good Intent Calls False Alarms Other Calls T�TAL 2 33 86 44 95 2 262 �nployee Hrs. Non-Fire 520:02 Employee Hrs. EMS 1,490:17 TOTAL EMPL. SRB./REBP. 2,195:17 TOTAL EMPL. HRB./TRAIN. 2,795.7 Ff re Inspectf on Plans Reviewed Fire Code Inspections Re-Inspections Certificates of Occupancy Miscellaneous Inspections Suspicious Fires Arsons Investigated TOTAL ACTIVITIEB: Res»onses Bv station: ** Includes Non-Emergency response times **45 - Downtown (Incl. P45 **46 - Clearwater Beach **47 - Highland & Lakeview **48 - North Belcher Road **49 - Clearwater Mall *+�50 - Countrvside 41 411 152 55 73 4 4 7�0 OF NOVEMBER 1995: Empl. Hours 51:05 57:00 21:43 12:21 6:17 9:32 27:00 184:58 Dollar Loss $8, 150 9,525 8,900 100 1 0 7,211 $33�887 Emerqency Medical Calls False Ca11s - No Patient (161) R�espiratory 92 Cardiac 130 Neurological 71 Other Medical 310 Poisonings 39 Motor Vehicle Acc. 275 Trauma 207 Public Assist 75 TOTAL PATIENTB TREATED 1,199 Number ALS Patients 484 TOTAL NO. EM8 REBPONBEB 1,269 TO� DEPT. RESPONSEB: 1,574 TOTAI, ENFORCEMENT HRB. public Education Visits to Safety Village Station Tours Total Programs Number of Attendees AVERAGE � IINIT RE8PON8E TIME RE8PON8E8 3:24 4:36 3:05 3:07 3:57 3:45 3:49 4:06 4:01 4:09 3:52 3:59 254 35 96 250 132 53 E1is<�; 395 110 303 386 393 261 597.0 14 0 31 1, 078 NUMBER INCIDENTB PER/STATION 1 21 S �:::': 268 90 196 221 273 146 .� � .•. ; �i1 .ev ��` � �� FROM BIIBJECT DATE C I T Y O F C L E A R i�,A T E R INTEROFFICE CORREBPONDENCE BHEET : Elizabeth Deptula, City Manaqer : Robert L. Davidson, Fire Chie : Monthly Report of Department ctivities : November 9, 1995 F=RE AND EMS REBPONSEB FOR THE MONTH OF Fire Res�onses accUrrences Bldg. Fires -Residential 4 Commercial 4 Vehicle Fires 8 Trash Fires 4 Brush Fires 2 Explosion 0 Out of Structure Fires 5 TOTA.LS : 2 7 Non-Fire Se=vice Calls �- Overpressure, Ruptures Hazardous Conditions Service Calls Good Yntent Calls False Alarms Other Calls - TOTAL 50 67 38 106 1 262 Employee Hrs. Non-Fire 607:45 Employee Hrs. EMS 1,541:05 TOTAL EMPL. HRB./RESP. 2,226:00 TOTAL EMPL. HRB./TRAIN. 3,Z03.2 Fire Inspection PZans Reviewed Fire Code Inspections Re-Inspections Certificates of Occupancy Miscellaneous Inspections Suspicious Fires Arsons Investig3ted TOTAL ACTIVITIEB: ResQonses By Station: ** Includes Non-Emerqency response times 52 562 269 43 ?3 4 3 1, 006. OCTOHER 1995: Em_pZ . Rours 22:17 13:38 11:23 7:19 10:26 --• - . -� 12:07 7?:10 Doll�r Loss $ 2, 100 1, 3 50 6, 550 500 -0- -0- 1, 150 $11, 650 Emergencx Medical Calls False Calls - No Patient (198) Respiratory 78 Cardiac � 129 Neurologic�l 73 Other Medical 314 Poisonings 23 Motor Vehicle Acc. 277 Trauma 243 Public Assist 57 TOTAI, PATIENTS TREATED 1,194 Number AZS Patients 453 TOTAL NO. EMS PESPONSES 1,314 TOTAL DEPT. RESPONSES: 1�603 TOTAL ENFORCEMENT HRB. Public Education Visits to Safety Village Station Tours Total Programs Number of Attendees AVERAGE ,� tTNIT RESPONSE TIME RESPONSES 772.0 25 5 43 2,287 NUMBER INCIDEIdTB PER/STATION � � � --7 �l, � � � � >� �� Clearwater City Commission Agenda Cover Memorandum ( � � Item ti: Meeting Date: � �' � � SUBJECT; NEW PORT RICHEY INTERLOCAL AGREEMENT AND FRANCHISE ORDINANCE RECOMMENDATION/MOTION: _Adopt Resolution #96-06, approve an Interlocal Agreement, and accept Franchise Ordinance 1388 with the City of New Port Richey, thereby enabling Clearwater Gas Syst�m to provide natural gas service to New Port Richey, m and that the appropriate officials be authorized to execute same. SUMMARY: * On January 2, 1996, the City of New Port Richey's City Council approved on second reading an Inter{ocal Agreement and Franchise Ordinance with the City of Clearwater to a{low the Clearwater Gas System to provide natural gas service to the citizens of New Port Richey. * The Interlocal Agreement incorpora.tes the Franchise ordinance as part of the agreement. * The Interlocal Agreement and Franchise provides the City of Clearwater a thirty (30) year non-exclusive right to supply natural gas service and to construct, operate and maintain alf facilities necessary to supply gas to the City of New Port Richey and its citizens. * The Interfocal Agreement provides for a 6% franchise fee to be paid by the consumers of natural gas within the City of New Port Richey, collected by the Clearwater Gas System and remitted to the City of New Port Richey. * On )anuary 4, 1996, the City Commission awarded a contract to A& L Underground, Inc., which provides the labor and rnaterials necessary to install a 6 inch gas main along US Highway 19 in order to provide the trunk mainline to bring natura) gas service to the Cities of New Port Richey and Port Richey. Reviewed by: Originating Deparlment; Cosfs: Commission Action: lega) Cleanvater Gas Sys � N/A ❑ Approved Budget N/A �; Tota1 D npprovcd with Canditions Purchasing N!A User Uepartme�t: �« ❑ Denied Risk Mgmt. N/A Cleanvater Gasti yslem Current fiscal Year p Continued to: IS N/A Funding Source: ACM �� . �� ❑ Capital Im�xovement: Other N/A Advertised: ❑ Operating: Date: ❑ Otfier: Attachments: ,f;4� Paper: Inlerlocal Abreement Submitted by: � Not Required Appropriatio� Code Franchise Ordinancc, `L�� Affected Partics N/A % ❑ Notified ❑ Nane Cily Ma er ` �] Not Ftequired � Printed on recycled pap�r ►. _ � 1, \/ '� I� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA, ACCEPTING THE FRANCHISE, PRIVILEGE AND CONCESSION OF THE CITY OF NEW PORT RICHEY, FLORIDA, FOR THE PURPOSE OF FURNISHING GAS WITHIN NEW PQRT RICHEY AND TO ITS INHABITANTS, AND APPROVING THE INTERLOCAL AGREEMENT RELATED THERETO; PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 8, 1996, the C�ty of New Port Richey, Florida, adopted Ordinance No. 13$8 and approved an Interlocal Agreement with the City of Clearwater, copies of which are attached to the original of this resolution and incorporated herein by reference, granting the City of Clearwater a franchise.for the purpose of furnishing natural gas service within New Port Richey; and WHEREAS, the terrns and conditions of the franchise and the Interlocal Agreement are acceptable; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATEIZ, FLORIDA: �ectio�:l. The terrns and conditions of the gas system franchise, privilege and concession granted by the City of New Port Richey, Florida, by the adoption of Ordinance No. 1388 and the approval of the Interlocal Agreement are hereby accepted, and the City Commission of the City of Clearwater does hereby agree to comply with the terms and conditions of the franchise a.nd Interlocal Agreement and with all reasonable ordinances adopted by the City Council of New Port Richey not inconsistent with the franchise, Section �, This resolution shall take effect imrnediately upon adoption. Upon adoption of this resolution, the City Clerk shall deliver a ceriified copy to the City Clerk of New Port Richey. PASSED AND AI�OPTED this 1 st day of February, 1996. Rita Garvey Mayor-Commissioner ATTEST: Cynthia E. Goudeau City Clerk IN�'ERLOCAL AGR�EMENT REGARDING GAS SERVICE BETWEEN THE CITY OF NEW PORT RICHEY, FLORIIIA, AND THE CITY OF CLEARWATER, FLORIDA T�IIS AGREEMENT, made and entered into this day of , 1995, by and between The City of New Port Richey, Florida, a Florida municipal corporation, by and through its City Council (herein "NEW PORT RICHEY") and the City of Clearwater, a Florida municipal corporation, by and through its City Commission (herein "CLEARWATER"}. WITNESSETH: WHEREAS, it is in the best interests of the citizens of NEW PORT RICHEY to be provided gas service whenever and wherever feasible; and WI�EREAS, pursuant to Chapters 166 and 180, Florida Statutes, CLEA.RWATER has the power and the present capability to provide such gas service in NEW PORT RICI-�EY; and WHEREAS, NEW PORT RICHEY and CLEARWATER wish to set forth their agreement with respect to the provision of such gas service to those areas within the corporate limits of NEW PORT RICHEY, pursuant to the provisions of the Florida Interlocal Cooperation Act of 1969, as amended. NOW, THEREFORE, for value and other consideration, it is agreed: SECTIDN 1. �ECITALS 'I'he recitals and findings contained above are true and correct and are hereby incorporated within this agreement in full. 1 Section 2. �'�,� �� RANT,�,�,EFINI �'ION OF GA.S For a period of 30 years beginning January l, 1996 anc� ending December 31, 2025, NEW PORT RICHEY, its successors, and assigns, does hereby give and grant to CLEA.RWATER, its successors, and assigns, the non-exclusive right, privilege and franchise to furnish gas and to construct, operate and maintain within the corporate limits of NFW PORT RICHEY, as such limits rnay be expanded, all facilities required by CLEARWATER to supply gas to NEW PORT RICHEY, its inhabitants and the places of business located within the corporate lirnits ofNEW PORT RICHEY, as such limits may be expanded, and other customers and areas now or hereafter supplied, or to be supplied, gas by CLEARWATER. The exercise of this authority and franchise by CLEARWATER shall be consistent with the tei-ms and conditions of the Ordinance attached hereto as Exhibit "A" which is incorporated herein by reference. The word "Gas" shall mean natural gas and/or commingled gas which is distributed in pipes. It shall not rnean bottled gas or any other fuel; however, nothing herein shall be interpreted to prohibit CLEARWATER from engaging in the sale of liquid petroleum (propane) gas. Sectioa 3. TERMS AND CONDITIONS All terms and conditions as set forth in NEW PORT RICHEY Ordinance No. 1388 , a copy of said franchise ordinance being attached hereto as Exhibit "A", are incorporated herein by reference as if fully set forth herein. 2 �: � 0 �. IN WITNESS WHEREUF, NEW PORT RICHEY and CITY hereto have executed this agreement on the day and year above written. CITY OF NEW PORT RICHEY : ��TTEST: City Clerk Mayor-Councilmember ��� con City Attorney 3 Countersigned: Rita J. Garvey Mayor-Commissioner Approved as to form and legal sufficiency: CITY OF CLEARWATER, FLORIDA By: Elizabeth M. Depula City Manager Attest: Pamela K. Akin Cynthia E. Goudeau City Attorney City Clerk CM-95-10-50 R-12-11-95 � . � / � lto ewo.�tce � '�Ifie Gateu�a� ?0 7ropicaC �Yorida" a�l J�1 <�en Strcet, \c�ti� }'orl Itichcy, (� torida 3�G5� JANUARY 4, 1996 C E R T I F I C A T I 0 N I, JUNE SACHSE HOTTNER, CITY CLERK OF THE CITY OF NEW PORT RICHEY, FLORIDA DO HEREBY CERTIFY THAT THE ATTACHED IS A TRUE AND CORRECT COPY OF ORDINANCE NO. 1386 AS ADOPTED BY THE CITY COUNCIL ON JANUARY 2, 1996. ... . . . . ... . - + , � . , � . . . �. `� �y; ,,' :''.Y - tSEAL> . i G� ' � CITY CLERK EY.Hi�TT A . ;, t' ORDIIetANCE NO. 1368 AN ACT GRANTING TO THE CITY OF CLEARWATER A, FRANCHISE TO CONS'TRUCT, OWN, AND OPERA,TE A PUBLIC UTILIfiY FOIEt T�IE DISTRIBUTION AND SALE OF GAS AND TO USE THE PU]BLIC STREETS AND HIGHWAYS FOR THA'I' PURP4SE; PROVIDING F4R G�ANT OF AUTHORITY; PItOVIDING FOR TERM; PROVIDING FOR INDEMNIFICA.TION; �ROVIDING FOR CONDI'�'IONS OF U5E OF STREE']�S AND HIGHWAYS; PROVIDING FOR CONSTRUCTION WO1tK; PROVIDING FOR RA►.TES; PROVIDING FOR PAYMENT OF FR.ANCHISE FEE; PROVIDING FOR COMPLIA►NCE WITH REGULATIONS AND CITY O.RDINANCES; PROVIDING FOR C�M]E'ETITIVE OPERA►TIONS BY THE CITY; PROVIDING FOR SERVICE TO ANNEXED AREAS; PROVIDING �OR EXTENSIUNS O�' SERVICE; �ROVIDING FOR SUFFICIENCY OF SUPPLY; PROVIDING FOR FORFEITURES AND REVOCATION OF FRANCHISE; PROVIDING FOR NONTRANSFERABILITY; PROVIDING FOR INTERLOCAL AGREEMENT; PROVIDING FOR CONFLICT; PROVIDING F4R SEVERABILITY; PROVIDING AN EFFECTIVE DATE. � BE IT f)RDAINED BY THE CITY COUNCIL OF THE CITY OF I�EW PORT RICHEY AS FQLLOWS: Seciion I. Defiriitio�ts For the purposes of tlus Ordinance, the followulg terms, phrases, words and derivatives shall have tlle followiulg meaning; 1 (1) "CITY" is tl�e City of New Part Ricl�ey, Pasco Couiity, Florida; (2) "CLEARWATER" is tl�e City of Clearwater, Pinellas County, Florida, wl�icll includ�s its depart��eait, tlle Clearwater Gas Systei�; (3) "COUNCIL" is the City Council of the City of New Port Richey, Florida; (4) "PERSON" is a��y person, finn, partnersllip, association, corporation, company or organization of any kinci. (5) "STREETS AND HIGHWAYS" refers to all public streets, roads, boulevards, alleys, la��es or ot��er public ways owned or maintaiiied by the City or dedicated ta tl�e public for vellicular traffic a�id also i�lcludes sidewalks, easements, and rights-of way owned by the City. (6) "GAS" means natural gas, co-rniligled gas, or ai�y reasonable substitute therefo�, except lic�uid petroletun (propa�ie) gas. (7) "FACILITIES OR EQUIPIVIENT" meai�s pipe, pipeline, tube, main, service, vent, trap, vault, rnanhole, meter, gauge, regulator, valve, conduit, appliance attaclunent, appurtenances, and any other personal property located, or to be located ui, upon, along, across, wider, or over City streets or useful in the distributiotl of gas. (8) "GROSS RECEIPTS FRUM TI-�E SALE UF GAS" means all revenues received by Clearwater as a result of a sale of gas to custoiners withi�l the corporate lim.its of the City, (9) "REGULATIONS" rnea�ls tllose laws, rules, and regulations enacted by the State of Florida or its regulatory agencies wluch govern gas distribution systems, sales activities, or associated facilities a�ld equipment. Sectio�t 2. Grant of Aut/iority The CITY hereby grants to CLEA.RWAT`ER the right, privilege, a��d fraalcluse to d.istribute a�ld sell GAS and to erect, construct, operate and maiiltain a GAS plant, CAS system, distribution system and sales orga�vzation for the sale and distribution oF GAS, whether natural, manufactured or mixed, within the CITY, and for titese purposes to establish tlle necessary facilities a�ld equipment and to lay a�ld 2 rnauitain GAS mains, service pipes ar�d any otlier equipmeilt necessary to tlle sale and distribution of GAS in tlle CITY. ( l) L�nexclusive G ant, Tlie riglrts hereui gra��ted shall not be exclusive a.nd the CITY reserves t��e rig��t to grant a similar use of its STREETS AND HIGHWAYS to any PERSON during the period of the franchise llerein gra�lted. Section 3. Term The term of tliis francliise is for a period of thirty (30) years begiiu�u�g �.���.,�.� 1996 and endu�g December 31� 2025 . CLEARWATER shall be subject to all lawful ordil�ances of the CITY and to the lawfiul �xercise of tlie police Fower of the CITY a�ld to those laws, rules, and REGULATIONS enacted by tlle State of Florida or its regulatory agencies. Any material violation of the REGULATIONS shall be deerned to be a default of CLEARWATER's obligations under tlus franchise ord'u�a��ce a�id shall subject CLEARWATER after notice a�id hearing a�ld determuiation by dle COtTNCII,, pwrsua.nt to Section 14, to a fiilding that tlie tenns of tluis francluse have been breached and to tl�e caslcellation of tlle frauichise. Sectio�: 4. Itll�et�tl�l�Cll�t011. CLEARWATER shall save tlie CITY hamiless from and ilidem�nify tlle CITY at all tiines agaiu�st a11 loss, costs, or damages sustained by tlle CITY on account of any suit, claim or dei�na��d resu.ltulg frorn act or omission on the part of CLEARWATER in the construction, operation or rnauatenance of tlle GAS systein in the CITY, including the payment of reasonable attorneys fees and the cost of defense. The CITY shall notify CLEARWATER in writing within six�y (60) days after the preser�tation of any clairn or demand either by suit or otherwise made agai�ist the CITY oi� accowit of any act or oinission on the part of CLEARWATER. In tlle event that Florida Statutory or common law should prohibit u�deiniufication as provided herein, or imposes liinitations of liability (Other than as set forih in Section 768.28 Florida Statutes, or otl�er applicable law}, CLEARWATER shall be required ta purct�ase, or acquire, liability visura�lce ��7itli aggregate lvnits of $3,000,000 a��d will narne CITY as ai� additional ii�stu�ed under said policies of insurance, iilcluding any plali or prograrn for self insttra�lce or retai�led litluts by CLEARWATER. Nodiing herein is inte��ded to waive or limit sovereigii irnrnunity of the CITY or CLEARWATER. 3 Sectio�i S. Co�rditio�ts ori Use of STRE,�TS AND HIGHWA YS. (1) j� All mains, service pipes, fixtures a��d other equipmeilt or appliances placed, maintained or operated by virtue of this fra.nchise sliall be so placed, constructed, maintained or operated as to not interfere wit�i the drainage of the CITY or to interfere with or i��jure ai�y sewer or undergrouiid fixture for the conveyance of water or any other improvelnel�t which tlle CITY ilad heretofore made, or may hereafter, make in a�ld along its STREETS AND HIGHWAYS nor shall CLEARWATER winecessarily a��d u�u-easonably iinpede, impair or iuiconve�uence t�ie use of any of the CITY's streets or highways. Any work done wider tliis section sh�ll confonn to die grades and sta��dards for such safe facilities as now or hereafter may be established. In addition, CLEARWATER sha11 (a) provide CITY a�lnually with a tl�ree (3) year plan for expansion of GAS services witl�i�l the corporate limits of the CITY; (b) not cut lllt0 any road for 111St1�1at1011 of FACILITIES OR EQUIPI��iENT, without tlie prior expressed written pennissioll of tlle CITY and shall, at all times, ulstall GAS facilities by usv�g "jack a��d bore" or "directioilal bore" methad of ii�stallation; - (c) maultaui a minimurn vertical separation of eighteen (18) inches and a minimum of five (5) foot horizontal separatioi�, as measured from outer casing to outer casu�g, from any a.nd all municipal water a�ld sewer li�ies during installation of GAS facilities, unless otherwise approved by the CITY's Director of Public `1Vorks in writing; (d) submit, and have approved by the New Port Richey CITY Manager or lus designee, all construction plans and specifications for GAS mains, directional, and jack and bore service lvies, prior to construction, which construction plan� shall conform to GAS facility construction specifications promulgated by the Florida i�epartment of Transportation or the United States Department of Transportation specification; (e) submit "as built" construction pla�ls to the CITY Public Works Deparkment prior to placing a.ny newly coiistructed facility vlto service. (2) ,ltestoration. Wllenever CLEARWATER e�lters into any street, or highway to construct, install or rnaintain its facilities, CLEA,RWATER within dlirty 4 (30) days af�er the completion of that work, shall repiace or restore a�ly trees, vegetation, pavi»g, street or higliway lo as good a conditiot� as obtail�ed irnrnediately prior to CLEARWATER's work. I�i tlle event CLEARWATER fails to t�nake necessary restoratiot� within a reasonable period of tirne, or in the event the restoration rnade or attempted by CLEARWATER is disapproved by tl�e CITY, or in tl�e evei�t the res�oratio�i fails a�id renders da�nage or depreciates tlie CITY's str�ets or highways wit}iin a period of two (2) years except sod, trees, a.nd vegetation for which the period sltall be niiiety (90) days, after CLEA.R.WATER's work, the CITY sliall 1�ottfy CLEARWATER iil writii�g of the restoratio�l needed or of t�le reasons for tlie CITY's disapprova] of tl�e restoration made or atternpted to be made by CLE.ARWATER. C�,EARWATER sliall tl�en have tlurty (30) days after the written notice is received to make the necessary restoration required in the notice, failing wluch, the CIT� shall be autl�orized to make d�e necessary restoration a�ld charge the cost to CLEARWATER. Sectio�r 6. Co�tstructiott Wor1� Tlie CITY i-eserves the right to lay auld perniit to be laid electric conduits, water, GAS, aitd othec pipelines, or cables, sewers, and to do and pennit to be done any undergrolind work tliat may be deerned necessary or proper by tl�e CITY ui, across, along or wlder any street or Ivgllway. In Iaying or permitting such work to be done, the CITY sl�all not be liable to CLEARWATER herei» for any da�nages so occasiotied. Whenever, by reason of estabiislung a grade or by reason of cha��ges in the grade of any street, or by reason of tlie widening, grading, paviiig, or otlierwise irnproving present or future streets or lug�iways or vi d�e location or ma�lner of construction of a�iy water pipes, electric conduits, sewers, or other uiidergrouiid structure, it shall be deerned necessary by the CITY, to alter, change, adapt, or conform the mains, pipelines, service pipe, or otller apparatus or appurtena��ces of CLEARWATER hereto, such alternations, or cha��ges, shall be made by CLEAR'U�ATER as ordered in writing by tlie CITY, without claim for the reirnbursemen� or cornpensation for damages against th� CITY; provided, however, if tlie CITY shall require CILEARWATER to adapt �r coiifinn its FACILITIES OR EQUIPMENT , or ii� a1�y way to alter, relocate, or cli at�ges its FACILITIES OR EQUIPMENT to e�lable any otliea- person or corporation except the CITY, any other agency exercising powers and duties of the CITY, Pasco Cowity or the State of Florida to t�se the STREE�'S AND HIGHWAYS, CLEARWATER sliall be reiinbursed by �lie PERSON or corporation desiring or occasioning sucl� cl�a��ges for a�ly loss, cost or expeiise caused by or arising olit of such change, altemaiiou or relocation of CLEARWATER's FACILTIIES OR EQUIPMENT. CLEA,R.WATER fi�rther agrees tliat it sl�all not ii�terfere witl�, cllange, or injure any water pipes, drains, or sewers of tlie CITY, ut�less it has received specific pennission from tl�e CITY's Director of Pu�lic Works, 5 Sectior:7. Rates. Tl�e rates, cl�arges and fees to be cl�arged by CLEARWATER for GAS service to consurners within the corporate lirnits of New Port Richey during the term of this franchise sl�all be the sarne rates charged by CLEAR.WATER witli the identical rate schedule applied to conswners residing witJiiii tl�e corporate limits of tlie CITY of CLEARWATER, Florida without additional surcharge, or such rates as rnay be affixed by any agency of the State of Florida having jurisdiction to �ix GAS service rate, Section 8. Francliise Fe� In consideration af the graiitiiig of this fraiichise, and cornrnencing upon the enactmeilt of tliis francl�ise, a.nd each year of tlle franchise tllereafter, CITY sllall be entitled to receive from CLEARWATER a francliise fee equal to six (6) percent of CLEARWATER's GROSS RECEIPTS FROM THE SALE OF GAS within the corporate lunits of New Port Richey, Pasco County, Florida. CLEARWATER will pay any a.»d all licenses, assessrnents, or other impositions that may now or hereinafter assessed, levied, or iinposed by tlie CITY, by the Tax Collector, or any other constitutional off'icer of Pasco County, �lorida, or by a�ly other local or state entity wlucli assessments, levies, unpositions, or collections are collected by the CITY or the Tax Collector or any other constitutioi�al of�'icer of Pasco County, Florida, upon CLEARWATER's facilities and property and CLEARWATER's busviess and operations widlout deduction frorn gross receipts for calculating the rnonthly franchise fee. Tl�e franchise fee shall be payable oil a calendar quarterly basis, each sucli calendar quarterly payment being due on the last day of the m�nth following the end of eacli calendar quarter. CLEARWATER agrees to funush tlie CITY a list of all fra�iclvse customers widiin tl�e corporate limits of t�le CITY o� New Port Richey upon detnand a�ld without cost. At the end of each fiscal year, CLEARWATER st�all subiriit to the CITY a staternent of CLEAR.WATER's gross receipts derived frorn witlwi the corporate lirnits of tl�e CITY, listing tl�e twelve mo��ths of the fiscai year and the respective gross receipts, certified by a�i independent certified public accountant, Section 9. Regulatio�i arid CITY �rdina►ices. � CLEARWATER shall at all times be subject to lawful ordinances af tl�e CITY and its applicable REGULATIO]'�1S now in effect or hereafter +�nacted relating to the use of tlie CITY's streets or lvigl�ways. CLEARWATER sl�all at all tiunes comply with all reaso�jable ord'ulances, rules, a��d REGULAT�ONS enacted or passed by tl�e CITY 0 llOt 111 C011.fllCt W1�I1 �le teIYI1S Of �IIS fI'1i1C�liSe. CLEARWATER shall have the rigl�t to make, establisli, or rnaintain ai�d enforce sucll reasoi�able REGULATIONS for the operation of its distribution systern as may be reaso�iably i�ecessary and proper, not inconsistent witll ttie tenns of this fi-atichise and any ordi»a��ce of the CITY. CLE,A,RWATER may, in its discretion, refuse to fiinlish GAS or service to any customer who is delinquent on a�ly bill rendered, or for other reasonable grounds, in accordance with tlie same procedures as CLEARWATER provides for its custorners witllin the CITY of CLEAR.WATER. CLEARWATER agrees t�lat all documents relating to this franchise sliall be and remain a public record. Section l0. Competitive Opertatio�is by tlre Cl�'Y. As a fiu-ther consideration of tivs fra�lclvse, the CITY agrees not to engage in the busiiless of distributing and selling GAS during the life of tllis francluse or any extension thereof, iii coinpetition with CLEARWATER, its successors, a�ld assigns. Nothing herein is inteuded to prolvbit tlle CITY from approving a�ly other GAS franchise ordinance to a��y other GAS service provider. Section 11. Ari�texation. I�i the event of the annexation of any territory to the present corporate limits of the CITY, such arulexed territory and all poriions of the GAS system of CLEARWATER located t]�erein sliall become subject to all of the terrns and conditions of this franchise and ordinance as of the time sucli a�u�exatioil becomes effective. It shal� be tl�.e responsibility of the CITY to notify CLEARWATER i�i writulg witllin thirty (30) days after the effective date of every sucll auinexation. Section 12. Exte�rsio�i of Servic� vi �onsideration of the rights gra�lted tu�der tlus francluse and the duration of this fra�iclvse, CLEAR.WATER agrees that its facilities to be installed witliin the corporate liunits of the CITY will be expanded to provide service to new customers ail th� tenns a.nd conditions hereviafter set fortl�. Such expansion shall occur on tlie followi��g terms and conditions, to-wit: (1) GAS service shall be extended to customers desiring said service based on a feasibility formula. Such fonnula shall be the fonnula currently vi effect s��stem- wide as t�len adrnilustered by CLEARWATER, but, at a minimum, shall be as follows: 7 G�S service shall be extended if tll� constniction costs expeiided to such custorners ilicluding, btit i�ot limited to debt service a��d expenses will be recovered by CLEARWATER tl�rougli rates paid by tliose customers wit�iin a maxirnuin of seven (7) years. If an application for GAS service does not rneet tl�e 7-yeas- payback period, then, vl such event, such customers, rnay make a lurnp sum contribution . in aid of coustruction to allow the 7-year payback staiidard to be met. Li the event the system-wide fonnula provides for a fon�ula longer than seven (7) years, that longer period shall be used. Sectio�t 13. St�f�ciertcy of SicFF1Y• This franchise is gaa�ted upon condition that CLEARWATER agrees to mai�itaul aa�d supply s«fficient qua.ntities of GAS to meet tlle needs a�ld requirernents of its customers in tl�e CITY. The quality of GAS sllall at a minimi.un meet the sta�idards set for it by tlle Public Service Coinmission. In tlle event by act of God, strike, riot, public eneiny or otlier cala�nity, or re�triction in tlle supply oi GAS beyond tlle control of CLEA.RWATER or its interstate supplier, or by reason of the regulation exerted by the Florida Public Service Cornrnission or the Federal Energy Regulatory Comunission or other regulatory body l�aving jurisdiction on the premises, the supply of GAS should be interrupted, CLEARWATER shall, nevertheless, contu�ue to supply the available GAS te� such customers as it is possible, and sliall employ its full services to rernedy such deficiency of GAS supply, and sliall resume complete GAS service wlien that is possible. Sectio�i 14, Forfeature or revocation of franchise. Violatio�� by CLEAR�VATER of a�iy of the covenants, tenns, a�id conditions llereof, or default by CLEA.RWATER in observing or carrying into effect a�ly of. said covenaa�ts, tenns and conditions, and any material violation by CLEARWATER of the REGULATIONS, shall authorize a.i�d ernpower the COUNCIL to declare a forfeiture of a��d to revoke and cancel all rights granted hereunder, provided, liowever, that before such action by tlie C�UNCIL sllall become operative au�d effective, CLEARWATER shall have been served by tlie COUNCIL with a written notice setti»g fori�� all matters pertiiiei�t to sucl� violation or defat�lt, a�id describu�g the action of the COUNCIL with respect thereto, a��d CLEARWATER shall have � a period of sixty (60) days afler service of such notice witliin wl�ich to tenninate sucil violatioli or default; a�ld provided furtller that aciy violatio�i or default arising from a�l act of God, strike, riot, public enemy or other calaix�ity ar restriction in the supply of GAS beyond the control of CLEARWATER or its interstate suppliers or by reason of the regulation exerted by the Public Sernice Coriunission or the Federal Energy Regulatory Commission or other regulatory body having jurisdiction on the premises sliall not constinite grounds for revoking aild caiiceluig any rights hereunder. Iii tlie eveiit tliat CLEARWATER, upon receipt of said written notice from tlie CITY, does not desist from such violation witliin tl�e time aforesaid , then CI.,EARW�.Z'ER shall be deerned to be in default and subject to an appropriate action to tenninate the said fra�ichise, grants, privileges, rights, licenses and urununities given by tllis franchise. CLEARWATER is required to rnake every effort to maintain operation and service at all times in the event of any work stoppage by its ernployees. Any material discolitiiluation, or intenruption, of service to a S1g1llf1Callt nwnber of customers in the CITY in excess of three (3) conseeutive days, except in cases arising from act of God, strike, riot, public enemy or othex calamity, or restrictio�i in t11e supply of GAS beyond the control of CLEARWATER or its interstate supplier, or by reason of the regulatioii exerted by tlie Florida Public Service Coinmission or the Federal Energy Regulatory Coinmission or other regulatory body having jurisdiction on tl�e premises or other cause beyond the control of CLEA,RVi�ATER, shall constitute a defat�lt uiider this agreernent and rnay subject CLEARWATER to the remedies set forth here�n; provided, however, that CLEARWATER slia(1 not be required to lay replacement FACII,ITIES OR EQUIPNiENT beyond sucll point as it detennvles to be economically feasible, and unless tl�e revenue from st�ch additional FACILITIES OR EQUIPMENT shall warrant StiC�l il�stallation on a basis of reasoiiable cornpensatioi� or return on CLEARWATER's iulvestment. Such policy shall be the sai�e as CLEA R.WATEI� applies within the CITY of CLEARWATER. Sectiort 1 S. Nontransferability of Fratrclti.se. CLEARWATER shall not sell, assign, or otherwise tra�isfer its fra��chi5e granted under this Ordinance to any other PERSON without the prior written approval of the CITY CUUNCIL. No sale or tra��sfer of a�ly �u�terest in the francluse shall be effective tu�til CLEARWATER has f led with tl�e CITY Clerk the executed legal instrulnent reciting the sale, assi�vnent, lease or otlter transfer. Tlvs Section sl�ail not be deemed to liinit tlie rigllt of CLEARWATER to pledge and eilcumber 0 its GAS system u�cludiuig its frai�cliise from the CITY of New Port Ricliey, Florida, as sect�rity for tlle payment of inoney borrowed by CLF,ARWATER in the cowse of its loiig-tenn capital ii�vestments. Sectiojt I6. Iralerloc4l Agreejtten� Tlle CITY and CLEARWATER acknawledge that CLEARWATER has the legal autllority pursuant to the Florida Statutes to provide GAS service and, further, that the CITY, upon appropriate exercise of its powers could also provide such serv�ce, Tlle CITY and CLEARWATER have determined it is in the best interests of both parties and their citizens for CLEARWATER to provide GAS service within the corporate lirnits of tl�e CITY as defined liereiul. Altllougli tlle right to provide such GAS service is being granted liereunder by this fra.�lchise ordinance, it is the uiteiit of the CITY and CLEARWATER that dus ord.i�iance, to dle extent necessary, constitute also an interlocal agreement pursuant to the provisions of the Florida Interlocal Cooperatiae Act of 1969, as aunended. Sectio�: I 7. Coti, jl'icG All ordinances and parts of ordii�ances in conflict herewitll be and the same are hereby repealed. Sectio�i 18. Severability. It is declared to be the ultent of the City COUNCIL of the City of New Port R.icliey, Florida., that if any section, subsection, sentence, clause or provision of this Ord'uiance is held to be invalid or tulconstitutional by any court of competent jurisdiction, tlle ret�nainder of the Ordina��ce sllall be coiistrued as not having contained said section, subsection, seiltence, clause or provision and shall not be affected by such ho�ding. Sectio�i 19. Effeciive Dat� Tlus ordinance shall take effect immediately upon its adoption and upon approval of an Interlocal Agreement between the City of New Port Richey and the City of CLEARWATER. 10 The above and foregoing Ordinance was read aiid approved on first reading at a duly convened meeting of dle City Council of the City of New Port Richey, Florida, this 19t11_ day of December , 1995. The above and foregoulg Ordinance was read and approved on second reading at a duly convened mee�ing of the City Council of t1�e City of New Port Richey, Florida, this 2nd day of Janl�, 1996. ATTEST: l , . /. . ..iL� _� _ _ ..i��./ ' . t ' i • ' Gity Clerk CM-95-10-56 R-12-26-95 Peter A. Altman Mayor-Councilnnember Thomas K. Morrison, Esquire City Attorney 11 .: � ' s ,� , _, , . �� ' . . , � � _. �.� � � � �, , � � � � � �, � � r �,, • � . ._ ��nary 26, I 199l� I � � Ke�thy S., Ri�e � Deputy City Manage�r City of Clearwa�ert P.O. Box 4748 i ].12 S O�ceola A '�rtue Clearwater, FL �4618-474g D�sar Kathp; . n South BeOch TO/ 1813�4�?201607 P.01 . a UEST FOR THE GOLD [N 1996 . THE OLYMPIC TORNADO sutvcoasT s�tL.nv� CAMP�iGN � Tharrk yau for t�king the time to meet with me and di�cuss our Suncoast S�ilinq Campaign. � , W? �x'� �acited � abbu� tri�e p�o�l��ti�n to h�v� "�', w�ek in March h� designated as •learwater on Sail in honor�of the; Suncaast 3ailing r.r,.�,aic�n. � � � Aa w�e dis�ussed; our t��a has. been very succcssful iri �recel.v�nq � g�'e�t amount of exposure through the media. We have ha� iriterviews with T.V'. 44 � T. V, 10 r T�. V. 9, tk�re� int�rvYpws with c2ir�t�ne1 8, plus �ec�ular articles with Event magazine and other loca7. publications, multi�le articles in th�� St. P�tersburg Timesr Tamp�_ 1riD�xne, USA Toda�, Tampa $ay $pa�tts, •e�d the ii�t g�s vn. ,� j . � • . � !, i Ouz� tc�am �akes pride in clatming Cl.earwater and t�he �Clearwt�t+�r sail�nq Center as their home and aailing headquarters. ' The tea.m coritinu�il3y brings otner team$ from al.� QveY the wor].d to Clearwater fur �raining. During training out of the Cleartivater Sailing Center, th� te� provic9�� iri�ormation, �nd even xid�� on tb�ir Olympi� catamaran to thpse washing to e►xperience the . tri 11. ' �v� ��r� ���IV ���`iir� L./vV�✓ �`l W♦1 VV�� I � `L��/ v��M� ±.♦i V� `� �'_:�3�r�^ • Recently� they Kosted abo�at 25 kids fram Joshua hoi��e• and �ovk them each out fcr � ri@e.! mh� ?oo�� on t�c�e kide ��cs E�:.`C kt s33. ♦ I� , . ♦ `rM �1.�i�vv�V � V�+rr~g ��..WNj+Yi 7 ��� �� V'� V�a � �u� �.O��n,.� �7 '��./ �irVVr�i��.r L�` U.S. Olyn�pic re�res�ntative, especially with their recent finish a� the 1�t U. e. ?���t s. ?r_» ��: �rw32 boa± i:: t�:e �t. °et�,: �burg �11 �i� f?eg�,�a Training. �i�.�"_�':tlt1C�21 [�p �]ay,o h�� Il�t�ilp y.-���r�S j.fl �'],��rwri�r�r WO=�£{ *!� t1�1''$ �^ Sa�SR_' funds; we now need Clearwatere help. w� now have''le�� than �our months l�ft be?Qre. th�� tri�ls �s�� �84,Q4�.Oa td raia�� � SUNCOAST SAILING CAMPAIGN MANAGED BY FUN in the SUN RECREATION, INC, , � i 6 � � 0 t r 01--26-1996 �6� �'1 FfZ�t i � T}-� �=F ICE n South BeOch TO 1813�6?.�E,?201E�7 P.02 We aek for �our jassistanc� with a$5000.Ofl advert,i.siAg/sponsor�hip duad ma�tching fund gpansorship of �5000.4Q. Th�s spon�orship would be more benef3c3a1 ta ycu than an� 'othar funds that you havs qxanted to aay eportg group in 'the p�s� . � w� wuttl�! pro��d� C1P��vat�r witii� bi lltzv�rd space: drf �u� �otoz hor�e, vsm and b�aat. The�e v�ehicles will b� drivgn and saf:�ed all over the �c�uritx`y. Think l�f wii�t i.t would met��i fbr Clc�z�w�t�r as a d�$tiri�►ticin td have a traveling bilihoard a$ w�li a� an on �ria wate.r billboard. �ust a�k CXearwatez-�' Mattress w�at expo�urQ tk�.ey have i�n2! f�� �iie�= a6eociativn wit�i us. 4?e tY:s.�k y�a �'o� jour afi��::�i�r_ to our grope�a3, �1e will b�e �s�Y1 r^� m�et with you o� w�ke a presentation to the appropriate parties. We w� se �3��Q v± �s: ,tape aw�i �.�? e. , We wf,l� be in Miami until MondBX attending tbg Mism� Olympi� ftega�tt�. I� you naed �o �eaoM us I ca�n be reached via t�obi� phpne at 415-4639. Be�� r��ards, � � ; ; Ji A. Ni�k�r�o�i � Ga�st Sailin �Camp�ign . , ,, ; . � � :: ' �' � . . . , , : s . � .. ; . . ., c � ;, i. � f . , � • ; ; � � 0 � � ; ;■ " ' : a'!'Cxrra`..?rT1' � ',"- •",,,t V'• � � , i _ . # ' � �4�,;' �j�. � � `� ` . '.`i{�5' ,�� � . � _ _.. � ;,. . �_,,(�v::� •., :..-, - . ="�?^.:�il :� • - � ` � ! ��r'tiY�..� ' ' ,»n. ,�'���. f - ..��•�' . :`:�'r3 �,']-�. E;�i,�; s _:« _ - �'`�� .'�..�' -..�.i _,.�:Y . ._______.____ _ - �_.._.;.-- _,_.__ _ � ����:� , . , 4 a � `� � u �.,.., _.. ,, ., . . . . . s 1 0 � UEST FOR THE GOLD IN 1996 THE OLYMPIC TORNADO SUNCOAST SAILING CAMPAIGN J�IN THE SUNC4AST SAI LI1�� C�lPAI(�� F�R THIS EXCITING 1�1� R L D C LAS S CHA�1ItPI4NSH I P QU�ST . SUNCOAST SAILING CAMPAIGN MANAGED BY FUN in the SUN RECREATION, INC. 2184 Briarway Drive • Clearwater, F1 34623 USA Tel./ Fax 813-734-0799 FACT SHEET UEST FOR THE GOLD IN 1996 THE OLYMPIC TORNADO SUNCOAST SAILING CAMPAIGN There are nwnerous versions of the American Dream. One of the loftiest, held by millions of younq people is the dream of x�epresentinq our country in that zenith of amateur competitions...The Olympics. That dream may soon be fulfi�lled for the enterprising and talented crew of the Suncoast Sailing Ca�npaign which is on the threshold of achieving the right to represent the United States in the 1996 Olympic Catamaran Racing Competition. The Suncoast Team, based at the Clearwater Sailing Center on Clearwater Beach, is skippered by Robbie Oaniel of Clearwater� who has won more than 150 regattas against Olympic caliber opponents. The teain races "Tornado" u.niversally recognized as the world's fastest catamaran of its size, which moves in competition at speeds in e�ccess of 30 knots. The Suncoast group has been accredited as an Official Olympic Tornado Contender by the United States Sailing Foundation. The Intensive 1995 training reqiment the Suncoast catamaran Tornado team has scheduled in preparation for the Olympic trials, calls for its participation in 45 regattas in the United States, Ca.nada and overseas. It is riqorous training mission which will encompass travel of more than 80,000 miles. The teann members applauded throughout the country for their "sailsmanship" have already brought pride and prestige to the citizens of our Suncoast and represent the closest opportunity we will have to be identified with the 1995 Swnmer Olympics in Georgia. To acquire the championship equipment which is essential to compete against top-ranked crews from a11 over the world...ta maintain their arduous training routine, and to garticipate in the various regattas which will deterrnine eligibility for the Olymgics, requires a budget estimated at �250,000, well beyond the financial resources of theae courageovs and proficient amateurs. To encourage public contributions that will generate the funds necessary to enable the Suncoast Sailinq Campaiqn Tornado Catamaran Tea.m to emerqe vict�rious in the Olympic trials, the team has established a not-for- profit fund with the United States Sailing Foundation. Thus donors will be eligible for tax deductions. SUNCOAST SAILING CAMPAIGN MANAGED BY EUN in the SIJN F�ECREATION, WC. 2184 Briacway Drive � Clearwater, Fi. 34623 USA Tel.l Fax 813-734-0799 UEST FOR THE GOLD IN 1996 THE OLYMPIC TORNADO SUNCOAST SAILING CAMPAIGN SA=L2NG = NT ROD�.TCT = ON' Sailing +rorld officials have f:naliy allored corporate A�erica to public'y display su�oort and interest on the boats� just as an race �ars in aotor sports. ''�ta�aran racing ras brought into a �edia fr2ni� dur;ng the Stars and Stripe� A�erica's Cup Challenge rith 9ennis ;onner. i,a:a�aran racing continues to gror in populari;y, �lulti-hutl raciog has been designed in si�ilarity rith the auto racing circuit. Crords can clearly see the race course rith oortions �f the cour;e passing as ciose as 10 yards fro� shore, tand-5ased spectators can witness the chitls and spills 'hat high speed cacing ia ctose quarters provides. T5e spec`a•�rs can also touch the boats and talk rith the racers before and after the race because cataoarans la�nch right frow the beach. �any races are run in cunjunctio� �ith city-ride celebrations, Atthough spectatflr galleries range in size� it is not unusual to experience an audience of 10,�00 people or �ore, as �ell as receivirg tetevised and other �edia attention. The tea• has had eztensive intervietis rith T��4, TY10, TYB, TV9, Event Magazine, Sperts Ta�pa Bay Kagazine, St. Petersburg Ti�es� USA Today....and the list continualiy g��MS. The nu�ber of entrants in each race can range up to 600 baats or �ore such as in the case of the Citrus Fest near Oclando each year known as ihe largest in �and regattas. The Suncoast Sailing Ca�paign has an ou*.standing racing history. They have been f�atured in several television ioterviers, co��ercials, and neMspaper articles highlighting th�ir inspirational rinning record. T�tie tea� has a built-in 31 foot high billboard� as rell as constant ezposure rhen the boat and teaa are traveling on the road rith t�eir 20 foot long Rulls and tea� van that draws attention rhere ever they travel, ke have ic�ciuded an abbreviated sailing resu�e of skiPper Robbie Daniel, the driving force beh��d the Suncoast Sailing Caecaign Tea�. TAe !ea� expects to partici�ate in �ore than 15 races in differ�nt locations around the country in 1995 and cover over 80,000 �iles on the road. These races rill be in key cities all over the United States xith a high conceatration in Florida and on alonq the u.S. Eastern seaboard. Ile ask for your co�pany the opportunity ta beco�e a proud sponsor of this exciting spart as�d becowe a part of the rinning� Suncoast Saili�9 �a�F3ign, SUNCOAST SAILING CAMPAIGN MANAGED BY FUN in the SUN RECREAT[ON, INC. 2184 Brianuay Drive • Clearwater, FL 34623 USA Tel./ Fax 313-734-0799 C V T E.�.M F.ACT S HE ET UEST F6R THE GOC.D IN 1996 THE OLYMPIC TORNADO SUNCOAST SAILING CAMPAIGN * The Suncoast Sai linq Ca.mpaign Team is competinq for a position on tbe US Olympic Team in the Olympic Tornado Catamar3n sailinq division. The sailing portion of the Olympics will be held in Savannah Georgia in Auqust of 1996. The Team will compete in the Olyrnpic Trials in May of 1996. The winner of this lA day event will be the Olympic represeratative. * The Team consists of: Skipper Robbie Daniel: 33 year old Clearwater resident employed in the Home Depot Olympic Job Opportunity proqram. Enrich Rodriguez: 36 year old Miami resident employed as a Lieutenant in the Miami. Fire Department. Jill Nickerson: 3? year old Clearwater resident employed as an advertising consultant in St. Petersburq. Andy Keysor: �6 year old Clearwater resident, stationed in Valdasta, Georgia as a Sergeant in the Air Force. * The Team will race approximately 45 regattas per year and need to raise over �100, 000 per year to pay for travel,, equipment, coachinq, food and reqatta registration and expenses. The Team will need to purchase 2 quality Tornadfl Catamarans costinq �23,040.00 each as well as at least 6 sets of sails over the 3 year period costing approximately $2000.00 each. * An averaqe Olympic regatta will cost the team an average of $275.00 to �35Q_00 per day with each reqatta lastinq approximately 4-6 days. These costs do not include any breakdown costs and do not include the cost o£ travel outside the continent. Regatta registration alone can be as much as �400.00 per reqatta, with the average Olympic reqatta reqistration costing �200_00 * An average 5 day training camp with a coach will cost the team approximately �2250.00. This cost will cover a coach, gas for a coach boat, food and film and development. It does not include any costs for housing and presumes t�at the Team will be able to use their own housing. While the team is racing and training, they •�ill run through an incredible amount of food. As an exa.mp? e, they will eat approximately 5 lbs of bananas, 1 loaf of bread, 1 bag of small snickers bars and a couple gallons of water, coke and Gatorade, among other items, in just 1 day on the water, not includinq bxeakfast or dinner. * The Team is supported only through their own funds and the generous donations of friends, families, companies and private donations. The Team attends festivals, speaks at private group meetinqs and is constantly seekinq out corporate support. All donation are tax deductible through the US Sailing founda�ioii. For information on how you can help, call 813-734-0799. SUNCOAST SAILING CAMPAIGN MANAGED BY FUN in fhe SUN RECREATION, 1NC. 2184 Briarway Drive � Clearwater, FL 34623 USA Tel./ Fax 813-734-0799 s TO�'2N14�DO = NT RODiJCT = ON' UEST FOR THE GOLD IN 1996 THE OLYMPIC TORNADO SUNCOAST SAILING CAMPAIGN SPEED! SPEED! SPEED! The Tornado catamaran is the fastest Olympic class boat, reaching speeds up to 30 knots or mare. Two clean, 20 foot long hulis, 9'-11" beam, 31 foot high mast, 237 square feet of sail, and light weight construction, explain the Tornados' aerodynamics and incredible acceleration. Five seconds bpfore the starting gun, just 50 feet frvm the starti�g li�e, the Tornados will accelerate ac�oss the line at top speed! To�nado skippers must know aeradynamics in order to control the boat's quick response to wind and waves. Tornado sailors are aften cal7ed "daredevils" bec�use of the incredible boat speed which sometimes leads to a capsize. Designed in 1966 in England, the Tornado entered Olympic competition in 1972. The complexity of the Tornado design altied to its excellent performance has produced a boat of outstanding quality that delivers exciting competition and challenge to its skipper and crew of one. Due to the high level of excitement, the Tornado is a natural attraction to the media and thousands of regatta watchers who are able to watch a race from the shore. ' With its' 31 foot mast, the Tornado makes a wonderful advertising billboard both or� the water and on the beach fior sponsors. MYST E R E I !`IT �ROI�UCT I ON Still more SPEEO! SPEED! SPEED! The Mystere catamaran is among the fastest praducti o� catamarans i n the wo�1 d. Its speed i s rated equal to that of the Tornado. It is similar in design to the Tornado with 20' hulls, 8'-6" beam, 31' mast and 282 square feet of sail, compleme�ted with a 425 squa�e foot massive spinnaker. Due to the time demands for assembl ing the Tornado, fihe Mystere is also used in competition for the tearn to be able to sail as many races as possible, The Mystere and the Tornado make a� exceZlent workout for the team, due to their speed capacities and design similarities. rL�L� L L L L L 1 L L L L 1 L 1 L L L SUNCOAST SAILING CAMPAIGN MA.NAGED BY FUN in the SUN RECREATI(�N, tNC. 2184 Briarway Drive � Clearwater, FL 34623 USA Tel./ Fax 813-734-0799 :3A= L =NG RESUME OF ROSB = E DAN = � L UEST FOR THE GOLD IN 1996 S K= P P E THE OLYMPIC TORNADO �UNCOAST SAILING CAMPAIGN RobOie Oaniel's sailinq life started at t�e teader age of 12, His incredible rinning historr started at the age of 15, vinnin9 tAe Nobie t4 Sooth Florid� Cha�pionsl�ips. Jn addition to racin9 the Pre-Sail and Iop Sail racing circuits, Robbie has over 1S0 first place finishes at various races and national points regattas around the country. listed belor are so�e af the �oce arestigious, and �aticnal titles aad races Rob6ie is proud to dispiay ia his resu�e. A co�plete list is available upon request, 1995 DoNn the Bay long Oistaoce Annapolis-YA 8each 1994 1993 1992 1991 i990 Inn on the 8ay Ounedin, FL Pedros Run long Oistance 1st to finisn St. Au9ustine, FL Tornado SE Regio�als (lst Il�erican) Mia�i, FL Traderinds Regatta Nia�i, Fl. Hangover Regatta Ta�pa, fl Steeple Chase long Distance Ker largo, FL Nug Race Paiatta-Jacksonville, Fl Derils Triaegl� Regatta Ft. Pierce, Fl Mystere Nortb A�erican Cha�picnship Annapolis, MD LNMS� Annual Catfest Charlotte, MC Fal? Harvest Mia�i, Fl Maryland State Cha�pionship Annapolis, ND taborday Open Ta�pa, FL Devils Triangle Regatta . F±. Pierce, Fl Ca�ch Cup M�a�i, FL Gun Porder Cha�pionseip Annapolis,MO Suncoast Screater Ta�pa, FL SANS Race St. Pete Pier, Fl Daytona Open Daytona Beach, Fl Turkey Trot Ta�pa, FL Steeple Chase Long Distance(record� Key largo, FL Dorn the 8�y long Distaoce Cha�pion Annapolis-Yirginia Bch� YA Mer En9land 100 Cha�F�oo Mer london-ber Bedfard, CT Hobie 21 Regatta Jacksonville, FL Hobie 21 Regatta Daytona, FL Hobie 21 N�tional Cba�pion Jac�sonville� FL Habie 21 Midrinters Cdaipion Ta�pa, fl Maryland State Cha�Pionship Balti�ore, MD Oorn the 8ay long Oista�ce Cha�pion Annapolis•Virginia Bch, VA � Nc�ie 21 Top Points ior Divisior+ 8 Florida Division Nobie 21 Divisioo 9 Cha�pion Ta�pa, FL NoEie 21 North A�erican Cha�pion Canada Mug Race loog Distance Palatka-Jacksonville, FL Hobie 21 Dirision 8 Cha�pion Ta�pa, FL Nobie 21 National Chawion Cape God, MA Hobie 21 Florida State Chadpion Mia�i, FL Hobie 16SX Southeast Regiona) Cha�p Clearrater� FL Nob' 1 1' e T a SUNCOAST SAILING CAM�'AIGN MANAGED BY FUN in the SUN RECREATION, INC. 2184 Briarway Drive • Clearwater, FL 34623 USA Tel./ Fax $13-734-0799 � 995 RACI NG SCHELIU LE JAM FE8 MAR APR MaY JJN JUl AUG SEP OCT NOV DEC I 13-t/ 21-29 1-5 i1-12 25-?6 5 5 11-12 t8-19 1-2 6-9 t6 21 21-23 �9-30 6 S-1 13-14 13-14 tBA 20-�t 21-29 4 t0-1t 24-25 22-25 � 8-9 22-?3 t- 6 i8-21 TBA 2�, 2•3 10 16-t� 18-?3 23-21 T�a 6-8 s-ia 21-26 28-28 4-S S 2-3 9-10 Hangover Regatta Tcade Minds coORT-Oly�pic CAN•AM QIyMp�C S.E. Regionals Tornado Mark Aibury Need For Speed SAMS Race Multihull Wid-Minte�s �ake �onroe Classic Mid-winters cast �obie Oly4p�c Aretrials SAMS Race Mia�i - Key la��o Tornado Nationals Dev�l's Triangle Race Mug Race Haapton Roads Tornado Inn On the 8ay Priadal Gold Cup v"un Porer Orno�d 3eac�-St. Augus:ine OQk1 !h¢ 9ay SAMS Race Oaytana Open Coco Beach H�C�e . Marble Head Oly�pic �ANS raCe Jacksonville Hobie Ra:e Alte� Cup Trials Pre-Oly�ic CORK TORNADO MORIOS ?r��d1e CHAMPI^NSHIPS Pier Nabie Race SANS Race Daytona Su��e� Siziler Hohie 16 Nationals Suncaast SGrea�er Gun Power 11 Fall Oly�pic Race Nobie 20 Nationals Prindle Nationals Dixie Regatta Fall Harvest SAMS Race • SailFest Steeple Chase Ta�oa, FL PI :�tattion Key, FL S±. Petersburq, FL ilia�i, FL Mi a�i , FL Mia�i, Fl Ta�pa, FL Clearrate�, FL �li a�i , Fl Sanford, FL Ta�pa, FL Savaa�ah, GA Tavpa, FL Miaai, FL GulfPort, WS Ft. Pierce, Fl Jacksonville, FL �la�ptoo, VA Taapa, FL Tavpa, FL 8a1 t� ��re,WD Or�ond Bch, FL Annapalis, NO Clearrater, FL Oaytona, Fl Coacoa 3ch, Fl Mar61e Head, MA Taapa, FL Jacksonviile, Fl Pensacc�a, FL Savannah, Gti Ki�gston, C�yADA Kingston, C�MAdA Pensicola, FL St, Petersburg, Fl Ta�pa, FL Oaytona� fl Daytona, FL Clearwater, Fl 8altimore, ND Sava�nah, G� Ft, Malto�, Fl Peosacala, fL Sanford, fl Mia�i, F1 Taspa, Fl Saoford, FL Key la�go, FL UEST FOR THE GOLD IN 1996 THE OLYP�iPIC TORNADO SUNC4AST SAILING CAMFAIGN r���� L L L L 1 L L L L L L 1 1 L SUNCOAST SAILING CAMPAIGN MANAGED BY �•� FUN in the SUN RECREATION, INC. � 2184 Briarway Drive • Clearwater, FL 34623 USA Tel./ Fax 813-734-0799 .• 1 � BLTL7►GET EGUIPMENT 1995 1996 iMarstro� lornado 20�000 Shipping fro� Sreeden ��1r�0 Sails- 1 setsiyr 8,000 8,000 Spare parts 3�000 3,000 Trailer Pay�ents 2,8U0 2,800 Repairs 2,540 2,540 Gea� 1, �00 1,500 Yehicle repair � 2,000 2,404 Power Badt pay�ent 4,800 4,804 Vehicle pay�enfi ',800 4,6D0 Insuraoce 1,500 1,500 = BasRd on the current value of the Sred�sh doliar in Oece�ber 1994, aE6ISTRATIOMS TRAVEI COACH?NG OFFICE d MA:I Races Tornado Association US Sa i 1 i ng YacDt C1 ub I�e�bersh �p 3,200 2,500 90 90 80 80 1, 500 1,500 lii 1 eage 18, 760 Air B,SOQ Shipping international�y 8,000 Acco��odatioAS (ave 86 nights/yr) 5,590 Meals for 2 plus accationai road crer 5,000 Car rental abroad (14 days) 1,200 PAo�e 1,500 Postage Misl Co��issio�s TEAM 11VIkG AND SUPPORt EXPEilSfs SUB TOiALS TOTAL 2 YEAR CAl+IPAI GN �,soa 2,500 t ,800 20,000 13,580 1�500 6,000 4,225 �,500 800 1,000 s, aoa 2, 500 l, 200 20,000 24,000 � 35, 000 5155,620 s137,375 s292,995 UEST FOR THE GO�D IN 1996 THE OLYMPIC TORNADO SUNCOAST SAILING CAMPA(GN ���(3NCOf�ST SAIL'Ii�i� CAMPAIG�1 MANAGED BY ` �_�+ �•� � �� 'FUN1�t�thi��SUN RECRFATiON, lNC. _ -��� � • "• '• �2184 Brian►vay DYive � Cleaiurater, FL 34623 USA Tel.! Fax 813•?34-0799 ..■ �� To: From: Copies: Re: Date: � '�' ° � CITY OF CLEARWATER OFFICE OF TOURISM DEVELOPMENT Be�ty Deptula, City Manager Jean Sherry, Director urism Development Mayor and Commissi n Proposal to Support the Olympic Sailing Team January 31, 1996 ***�*��****�**********�*****�**�*�*******�**����************ In review of the proposal requesting sponsorship support for the Clearwater-based sailing team competing in the 1996 and the 2000 Summer Olympics, I enthusiastically recommend approval by the City Commission. As an avid sailor and active sailboat racer in Clearwater for the past 8 years, I am aware that Clearwater represents an exciting destination for sailors of all skill levels. The Clearwater area is well respected for its navigable waters, availability of charter boats, sail lofts, and is the home of many well-known sailboat designers and builders. As the City's Director of Tourism Development, support of the Clearwater Olympic Team in such a way will provide exceptional domestic and international exposure to a highly diverse demographic rnarket, which translates to awareness and interest in Clearwater as a destination, The office of tourisrn is new and does not have the budget resources for this project. However, I encourage the Commission to review other possible sources to fund this special opportunity. An association with the Summer Olympics is a positive image enhancement for Clearwater, Respectfully submitted. JS/cb �" � r- / � Pf N ELLAS PLAN N I N� CQU NC! L January 18� 1996 The Honorable Rita Garvey Mayor, Cit�/ of Clearwater P.O. Box 4748 Clearwater, FL 34618-4748 Dear Mayor Garvey: COpiES TO; COMMISSION JAN 2 2 i996 PFc tSS CLERK / ATTORN='� 9 � C(r�in�noorwror vv..r�...�.....�...., �.�� _._.. Commissfoner aeorpe M. Jirotka. Treas, CouncUmember Chuck W(141ams, Sec, Commissioner Sue A. Berfield Commlasioner Karen Brayboy School Board Membar Barbara J, Crockett Mayor Tom De Cesare � Councilmember Connie Kone • Councilrnernber Oaryl l�s � ' Commtsslone� Connle C. Mudano Commiss(one� Tan �sbome Commissionar Aobert 8. Stewart David P. Healey, AICP Executive Directo� Please find enciosed a copy of the Notice of Denial forvvarded to attorney Harry Cline concerning Ciearwater Case # CW 95-58. While the letter points out the property owners right to apply for administrative hearing, I wanted to be sura the City� who is technically th� applicant under our countywide pianning process, understood that the City could itself apply for administrative hearing within twenty-one (21) days of this n�tification. Please refer to the enciosed letter with respect to the deta+{s of the administrative hearing process oc have your staff contact me and I wil{ be glad to review this procedure with the City. 1f the City does not intend to apply for administrative hearing, I would appreciate conflrmation to that effect in order that we may proceed with scheduling the final hearing with the Countywide Planning Authority. Thank you for your cooperation and participation in the Countywide planning process. Sincerety, ��, David P. Healey Euecutive Director Enclosure ' + � cc: Commissloner Sue B�:rfield, P(nellas Planning Councll Representative Harry qlne� Esq.� MacFarlane Ausley Ferguson & M�Mullen Scott Shuford, Centra! Permftting Dlrector� City o( qearwater 1:1dp h11•ttsra.9e/a d/p t 14 SO. FT. HARRISON AVE.� SUITE 3010 • CLEARWATER� FL�RIDA 34616 TELEPHONE (813) 464-3855 FA)( (813) 464-3827 ��� /� !r / P,NELLAS PLANNING CCJUI�IC�L January 18, 1996 Mr. Harry Cline� Esq. McFarlane� Ausiey, Ferguson and McMullen P.O. Box 1669 Ciearwater, FL 33617 cc ; �- , COUNClL ME1vt8ER5 Commisslo�e� Danlel Pohto, Ctm. Commissloner Jean Halvorsen, V{co Ctxn, Commisslonor tieor9e AR. Jirotka. Trsas. Coc�nGimember Chuck Willtarn�. Sec. Commtssloner Sue A. Berfleld Commtssloner Ka�an 8rayboy School Boaro Member Barbara J. Crockea �y«,Tom � c�• Coundlmember Corx�te Xone ' Counclirnarnber Daryl Landls Commisslone� Coru�le C. Mudano Commisslonef Tom Osbome CommissJoner Aobert 8. Stewait RE: �lotice of Denial - Case #CW 95-58: City of Clearwater Appiicatian for Amendment of the Countywide Future Land Use Plan Dear Mr. Cline: Oavid P. Healey, AICP ExecuNve Diredo� At the January 17, 1996 Pinellas Pianning Councii pubiic hearing� Case #CW 95-58 was recornmended to be denied by the Council. Th� Council's recommendation for deni�l wiil be transmitted to the Board of County Commissioners� acting as the Countywide Planning Authority� for finai hearing and action, which hearir�g is now scheduled for Tuesday, February 6, 1996 at 9:30 A.M. Any action by the Countywide Planning Authority contrary to the recommendatian for denial by the PPC requires a majority plus one vote of the entire board. _ in accordance with the provisions of the "Rules Concerning the Administration of the Countywide Future Land U'se Ptan as Amended"� Soctions 5,1.3.2 and 5.�.3.3� this letter is �o notif� you that the recommendation of the Pla�ning Council is to deny the above referenced amendment and to advlse you af your rigr�t to appiy for an administrative hearing prior to the final action by the Countywide Pianning Authority. The letter is address�d to you as the designated representative of the property owner for the subject application. � . . . . . . As a substant�ally affected person, youu mav appiy f�r an admin�strative heannq w�thin twenty one (21 �ys of this notification of denial. Your appiication must be flled with the Pineilas Pianning Councii, upon receipt of which we will arrange for the administrative hearing through the State Division of Adr�inistrative Hearings. The application for administrative hearing is required to be in a forrn for consideration under and subject to the procedures of Chapter 120, Florida Statutes. 1 will be happy to review with you the requirements of this process should you choose to appiy. 14 SO. FT. HARRISON AVE., SUITE 3010 • CLEARWATER. FLORIDA 34616 TELEPHONE (813) 464-3855 FAX {813) 464-3827 ��'• � .�, � c � � Mt, Harry Cline January 18, 1996 Page Two ff you have any questions regarding this process or the requirements to file an applica�on, please call me at 4s4-3855. . . - �. SinceC@ly, " _ , � � David P. Healey, AICP . ExecuWe Director o� a Ray Meaaor, Property Owner soo� sn�r«a, acP� Otrector ot Central Pemnitlln� Mambecs, PPC � ,. k`userc�wpdocs\fu\dineJet/Yd � 0 s � � �..m , -, . , _ . . _ _ t. . . � .. . .. � . . �A�� C� S . . . . s . � , i . ' ' � •• ' . ' . . �� • ' , i . , ���� �'i _ , ; � 1 �� �"� l ll _►. 1 �ii ■__. FOR COMMISSION MEETING Februarv 1. 1996 APPOINTMENTS Agenda # BOARD Airport Authority TERM: 4 Years APPOINTED BY: City Commission FINANCIAL DISCLOSURE: Not required RESIDENCY REQUtREMENT: City of Clearwater Special Qualifications; None j5097-91 � MEMBERS: 5 CHAIRPERSON: Charies Sitcox MEETING DATES: 1 st Wed., 3:00 p.m. PLACE: Chambers APPTS. NEEDED: 1 DATE APPTS TO BE MADE: 2J1 /96 C THE FOLLOWiNG ADVISORY B�ARD MEMBERIS) SEAT(S) NOW REQUIRE EITHER R APPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. Date of Original Attendance Interest in .Iy.�� L��QOintment Record L�a��ointrnent 1. Charles Silcox '1993 past year - 12 mtgs YES current terrn expires 2/28/96 present 11 - absent 1 THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSfDERATION TO FILL THE ABOVE VACANCIES: ►� II' �!• " 1. William Andres 1304 S. Evergreen Ave., 3461 6 2. Charles Kilbride 2489 Stag Run Blvd., 34625 3. Robert Lunt 833-C Keene Rd. N., 34615 4. Mike Palouian 1320 Surnrnerlin Dr., 34624 5. H. Virginia Robinson 1005 Amble l.n., 34615 6. Dennis Roper 995 Lake Forest Rd.,34625 7. Francis J. Werner 1845 Seton Dr., 34F23 � Zipcodes of current members on board: 2 at 34615 (1 is Mr. Si{cox? 1 at 34616 1 at 34624 1 at 34625 •ltll'l '' -• •- -� Retired Lab Director Career Consultant prior work t15 yrs) w/Cessna Aircraft Co.,current work w/aircraft sales & mgmt past member Parks & Rec Board Nurse, Red Cross Volunter past member this board Past President & Treasurer of a homeowner's association ,� � � • •��i► r�.ji�c•�:��:r��� FOR COMMISSION MEETING Februarv 1. 1996 BOARD: Design Review Board TERM: 4 years APPOINTED BY: City Cornrnission FfNANC1AL DISCLOSURE; Required RESIDENCY REQUIREMENT: City of Ciearwater STAFF LIAiSON: Centrai Perrnitting Agenda # MEMBERS: 7 CHAIRPERSON: MEETING DATE: PLACE: APPTS. NEED�D: 1 DATE APPTS TO BE MADE: 2/1 /96 SPECiAI QUALIFICATIONS: Three members (one per area) shall be property owners or merchants within the affected areas (Clearwater Beach, Downtown Clearwater, and the North Greenwood commercial district); two shall be design professionals (i.e., architects, landscape architects, engineers, or urban planners); and two shall be "At-Large", THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER RE PQ�NTMENT FOR A NEW TERM OR �EPI.A .�l1�NT BY A NEW APPOINTEE. Date of Original Attendance Narne Ap� intment �ecord 1. Vacant Seat - Design Professional - Art Shand resigned Interest in �a�o;p�ment Centra) Permitting has found # 11 &#19 to be eligible candidates for this category. THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: l-Il' ��• ' 1. David Allbritton 305 Hiticrest Dr., N., 34615 2. Edward Batsford, Jr. 1018 Sedeeva St., 34615 3. Thornas Coates 300 N. Osceola #4A, 34615 4. Sheila Cole 252 Dolphin Pt„ 34630 5. Mary DeWitt 1358 Pinebrook Dr., 34615 •llll'i i' '� �•' '/ General Contractor General Contractor Graphic Artist Hospice Volunteer Director current rnember Bea�tification Committee would resign off that fnterior Design 6. Richard Fleming Interior Design Student 2545 NE Coachman Rd,, #80, 34fi25 Continued 7. Humberto Fontana 16432 US19N, #228, 34624 8. Herbert Freitag 829 Narcissus Ave., 34630 9. Stephen Hackiey 1424 S. Highland AVe., 34616 10. Glenn Hough 1862 Castle Woods Dr., 34619 1 1. Mark Jonnatti 2775 Quail Hollow Rd.,E., 34621 12. Sam Lampson 1447 Springdale St., 34615 13. Susan Orneck 644 Island Way, #206, 34630 14. Janet Ott 1717 Starlight Dr., 34615 15. Tal Rutledge 1109 N. Greenwood Ave., 34615 16. Arthur Walsh 2066 Madrid Ct., N., 34623 DRB volunteers Cont. Social Reform Director w/ Church Scientology Minister current member Community Relations Board wou{d resign off that Empioyed w/Kids Resource tdowntown) Contractor Architect Self-employed - Quality Neon Sales/Marketing Design Interior Designer past member North Greenwood Design Review Committee Retired New York City Fire Dept. & restaurant owner 17. Robert Waterston CPA 2545 NE Coachman Rd., #87,34625 18. Geoffrey Weber 100 Windward Island, 34630 19. Gary Young 3063 Homestead Ct., 34819 Zipcodes of current members on board: 3 at 34615 1 at 34616 1 at 34624 1 at 34630 1 vacant Cons�ltant Architect �_ :■ �. 0 CI'fY OF CLERRWA7cR Application for Advisory Boards (must be Ciearwater L s►� dent) ^ �%' �� � �� N�me Ric J. Ortega ^ a��� ���� Nome Address: 18 S. Corona Avenue Clearwater, FL z1PT 34625 �ffice Addrass: 3005 S. R. 590, Suite 101 Clearwater, FL � ��p: 34619 .. _. �... _........... ielephone 4 4 2-4 2 64 Telept�one 7 91- 3 320 �� How Long a r i n of the City of Clearwater� 3� years � � OCCUpati0rl Architecture �rppl0yef Graham Des ign Assvcia tos, P. A. Fie1d of Education: . Masters of Architecture/ • School of Architecture & If retired, former occupation Cammunity Activites: _ __ � Otl�er Work �xperience; Homeowners/Auto Insurance. Otf�er Interests: Gaard Service (current and pastl None E3c�ard Fre#erence: Design Review Board (DRB) Additianal Gornrnents• Interested in participating in �he cornmunity where � p an on iving�`or`� a very �.ong time . ^ Signed; ic J.AOrtega Date; _� 1/2 �.96 please see attac �d list for Boards ihat re�uira Financial Qisclosuro. PL�ASE RETURN TNIS FORM TO: City lerk's Department P.O. Box 4748 Clearwater, Fl, 3A�618 P��CEIVED JAH 2 9 t996 � c��r u�rc �ar. �:,.. Name ... � . . . � � . .. � � ..� • 1 t V � 1 • �J 1'1 CiTY OF CIEARWATEk application tor Advisory Boards �- — tmust be Clearwate� �.�n,? � L � �C �L. � �i /-�i0 ,�i :'r Home Address: Of fice Addrass; i � J L � %OCv Q,�� A� �'oD D��w Si _ G ���,�7� � �P� �� I (� G�G�A�2h� ��- z�P: 34� � S Telephone `�`�' `CJ 0�' � Tvlephone �Z " 7 Z� � How Long a r,�i¢� of the City of Clearwater? Z� i�� S Occupation ��GU/ 7"L�GT Empfoyer /�'� y��� � G < �i/�� ��� � ��s �ield of �ducation: _ ��N o,F ��/�GNi T�-7'z�/� � � � /��z If retired, former occupat+on Other Work Experience: Community Activites: C��/��T Gf�0��0�If�JN O� � GA� - �� S � �� Ti�✓� 2- 2 2 �I � Other inte�ests: Board Service (current and past) ,f�GA � Additional Comrnents: Board PrefereRCe: � Signed: ____� Date: �'"2� `"� � Please see attached list for Boards that require Financial Discsosure. ALEAS� RETURN THlS FORtVI TO: City Clerk's Department P.O. Box 4748 Ctearwater, FL 34618 REC� ��'ED JAI� 2 9 t996 CITY CL�RK p�pT, � �. �1 ,:"• l Il ► 1 •;► ■ FOR COMMISSION MEETING February 1. 1996 AEPOINTMF1y.� BOARD: Development Code Adjustment Board TERM: 4 years (effective 11 /18/93) APPOINTED BY; City Commission FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater � Agenda # MEMBERS: 5 CHAIRPERSON(S�: Alex Plisko MEETING DATES: 2nd & 4th Thursdays PLACE: Commission Chambers APPTS. NEEDED: 2 DATE APPTS TO BE MADE: 2/1 /96 SPECIAL QUALIFICATIONS: "members of the board shall possess professional training or acquired e�perience in the fields of planning, law, architecture� landscape architecture or development control. THE FOLLOWING ADVISURY 60ARD ME(VIBER(S) HAVE TERMS WHICH EXPIRE AfVD NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. 1-1t' 1. Alex Plisko 2. Joyce Martin Mr. Plisko's terrn ertds 2/28/96 �. - . • . �,��• ! I 'l 1990 ��k3 Attendance fnterest in Record �sa�ointment Ending 2nd consecutive term change in status since notification worksheet Ms. Martin resigning efifective 1/25J96 THE FOLLOWING NAMES ARE BEING SUBM�TTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES; ► - i� - : :C:Tt�� 1. William Kirbas 34 Bohenia Circle, N„ 34630 since notification: Mark Jonnatti 2775 Quail Hollow Rd.,E., 34621 •,�,�-. :- -. ..- -. Financial Advisor, current member of Park & Recreation Board but would resign from that if appointed to DCAB Architect Mr. Jonnatti is 1 of the 2 eligible volunteers for the Design Review Board appointment. He is interested in this board atso, Zipcodes of current mernbers vn board: 1 at 34616 (Mr. Plisko until 2/28/96) 1 at 34621 1 at 34624 (Ms. Martin until 1/25/96) 2 at 34630 �P.POINTMENr WORKSHEET * recv since notification FOR COMMISSION MEETING F�bruary 1, 199.� APPOINTMENTS Agenda # BOARD: Marine Advisory Board ZERM; 4 years (effective 1 1/18/93) APPOINTED BY; City Commission F(NANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT:City of Clearwater SPEClAL QUALIFICATIONS: None MEMBERS: 7 CHAIRPERSON: Bill Stephan MEETING DATES: 2nd Tuesday, 8;00 a.m, PLACE: Marina APPTS. NEEDED: 1 DATE APPTS TO BE MADE: 2i1 i96 THE FOLLOWING ADV{SORY BOARD MEMBER(S) HAVE TERMS WH1CH EXPiRE AND NOW REQUIRE EITNER REAPPOtNTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. [� •F1iiTa 1. Vacant Seat �Donovan removed) Date of Original Attendance interest in gRQOintment Record reaRpointrnent THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: ►►Il' ��! -- �*1. A. Parks Honeywell 785 Island Way, 34630 2 Harold Hunt 1956 Rebecca Gr., 34624 3 Nicholas Matsis 736 lsland Way, #305, 34630 4 Edward O'Brien, Jr. 3376 Ferncliff Ln 5 David Smith 1209 Alameda Ave,, 34619 Zipcodes of current mernbers on board: 1 at 34615 1 at 34616 2 at 34625 2 at 3463� 1 vacant •����-■ :- -. _.. .� Retired Marine Engineer Past mernber Environmental Advisory Committee employed w/Kernper Securities, Inc. Self-employed, rehabilitation provider Pres/Owner Command Corp. CiTY OF CLEARWATER Application for Advisory Boards (must be Clearwater � i n ) Name .,�-1. T�/"'�'_S f i��'> � dc 1 p�I • Home Address: _ �7 � S' /5 /� ���/ GJ� �� Office Address: REC�IV�D �AN 1 � �9ss C►YY CIER/{ pEPT. �%�G'r��-'���� � �� ZIP� .��10..�� Zl�. . Telephone 1�Co �- �z � � Telephc�ne � How Lo�g a rg�i,� of the City of Clearwater� �/-���/���`� ,�r�c T,,Pr� !/�cC r',Prs����r -- �ACIJ���i"i���� br������.� ,�/�ac� �7` Occupation �lA'/�✓-��' C�+/G��'�JC� Ernployer Fiefd of EYducationT; a ,5"/'%j�%[c''G :t� � ✓ _ !� ; y-' /�� � /%%�! ".['�?7/�%Col.G E c� 0 _ .'i�-,H • /v%/�/<'/il� �/t-�..1�/,�E.z�2i�t.�'j �N� �- ��r �'�,���--�. /l'�l�'.2.��i�'J�uC�S s��i�7ir�..t Other Work Experience: ..s'�i�,�::� � �'D/1ME12. �'ffi � �'� N�' c�'J /fJ C'� �S'/6 �i �ll�par.��i�l'�lV/�.G;ti,�y lflf �"�' /� •�.9c.L���'r���/1/�s� �iv��,�'v�����- �� �v.I� tf r�tired, former occupation �� E'��'S �i� u���'��'f-ert�`��`��`e�'�`v �-c� �nv�v a.c� �Y��. co , , � ��,�r-a.c Community Activites: f!� 1� �C!����Q���`'� -lSQ<<�G 5��������c�sS�-�- yiu`�:� �� ��, s� (��tht2�„�. ff07� Other Interests: 1 �C t� .����;z-7� �%�ic�{ -�%'Q'h-uf r�/0!//,�C GrSC4 /�``�/G/rtT y/��_,�,,, J►� S�`�- �/ D � i ���•+'/0�'O�� D�}-i �9-�C'� Board Service (current and pastl � lcZt ` %l//G /��'s� !J/ �/ �l� / /S�v �'-.�T�.�3' y,9�T � �/�. 7 c'Y -�t,7'S Boa�d Preference: �/�/���D �Ll/'j%/�i�ls% �. c'�" I��sT•�i-c-T /�'�TT���`� /L%�� .�'%ES /1%�'/itJ� �D�i.si,�i.=', ,�De�';v _ , . , -� ,��"� ,�l lSL/�i -��� �riC i�5S,u 2 �� ,� ., lJSCL� � lC���� /l9f�12/.�C G ti� �.v��.�1 " L/LtizS�� �� � ' Additiona{ Comments: Q/'� l�,� ��ar' S l��N�. � Y�'r�liL=�-�'�'J �L�L. -- C'OGlJ/�%ViS/ �N 5��.�� �� � � �'���v.�— s �t-��y. Signed:�� �:� �2�,<<�,� Date: ��/ 7- 9� Please see att�ched tist for Boards that requira Financial Disclosure. PLEASE RETURN THIS FORM TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 34618 CITY OF CLEARWATER Application for Advisory Boards (must be Clearwater r i .nl) Name WILLIAM W. WILHELM Home Address: 1017 Union Street Office Address: � � ��a 1259 South Myrtle Avenue Clearwater, FL Z�P; 34615 Clearwater, FL Z�P:3461b Telephone 443-5508 Telephone 446-8708 How L�ng a resi ent ofi the City ofi Ciearwater? 11 years Occupation Lawyer Employer Self Field of Education: J.D. University of Florida If retired, former occupation Corrsmunity Activites: Other Interests: Sailing Board Service (current and past) Additional Comments: , /�. Signe�;'1 Other Work Experience: Commercial fisherman Board Preference: Marine Advisory Boarci Date: January 25, 1966 Please see attached list for Boards that require Financial Disclosure. PLEASE RETURN THIS FORM T0: City Clerk's Department P.O. Box 4748 Clearwater, FL 34618 RECEI'�ED JAN 2 9 1996 C1TY C1E�K DEPT. �"� ► ll.► ��►� •.. FOR COMMISSION MEETING Febru�ry 1. 1996 APPOINTMENTS B�ARD: Historic Preservation Board TERM: 4 years Seffective 1 1!18/93) APPOINTED BY: City Commission FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None . Agenda # MEMBERS: 5 CHAIRPERSON: Stephen Alosa MEETING DATES: 3rd Tues., 1 p,rn. PLACE: Conference Roorn APPTS. NEEDED: 1 DAiE APPTS TO BE MADE: 2/1 /96 THE FOLLOWING ADVISORY BOARD MEMBERIS) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. ►-_u- 1. Vacant Seat Date of Original Attendance Interest in ARpointrner�t �ecor re�Rpointmer�t THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: ►-„- : -! . •l� Il't i►. . • � • - -1 - Dr. David Berry was appointed to the Parks & Recreation Board at the 12/7/95 meeting however the evening meeting time posed a hardship for hirn and he therefore did not accept that appointment after all. He would like to serve on this board as it rneets during the day. CITY OF CIEARWATER Application for Advisory Boards tmust be Clearwater r i n} Name Home Address: , L,_�, � , ,,. , i Telephone 7 �� �� 2 3 � Office Address: � � — '— ZIP: Telephone �" How Long a resident of tfie City of Ciearwater? �6 U�,�-a�v�- — � -�-- , Occupation 4��-.c..-a�o�. Employer _ i'-�C,tn.�� Field of Education: Other Work Experience: � �C�IV�D � C � � s �9J� � �� �'�. ��-t��.�C� .m-�v, � - �1 - �7� • �-o�' - ,�� Mf-^ �-, ���LL/lrl,/Q �'�' �� ��� �° .� - � � �,;v� . If retired, forrner occupation ��-d.r.c,�-c���, G,rtic.��',�p��_ Community Activites: Board Service (current and past) ., . _ �• _ �_•__,�- - �.i�..— � � •� �- :. � _ , . , , �, ; Additional Comments: Board Preference: � �,��.�.�; %�-� � 7'��-�.u�,,�.`z` � �.:"l_�.�-�� , .. 1 G'.� �,,�'�.-� �.-�r 0��.�.��.<�.,- /� � .--- Signed: i� � � � .i�'�J11� Uate: / �J�— % 2 �- 9 5 ,� Please see attached list for Boards that require Financial Disclosure. PLEASE RETURN THIS F(7RM Tf�' C'.itv C'lark'c I�anartmPnt P C�. Rnx 474R f'IParwatPr. FL 3461 8 s:-_. ,. �i� 1:1 ►1 • .� AN �RDINANCE OF THE CIIY OF CLEARWATER, FLORIDA, VACATING A PORTION OF� TNE DRAINAGE AND UTILITY EASEMENT LYING IN LOT 153. WOODGATE OF COUNTRYSIDE UNIT ONE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Bessie Rubin, owner of real property located in the City of Clearwater, has requested that the City vacate the uti1ity and drainage easement described herein: and WHEREAS, the City Commission finds that said easement is not necessary for municipal use and it is deemed to be to the best interest of the City and the generai public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: �ecti on 1. The fol l owi ng: See Exhibit A attached. is hereby vacated, closed and released, and the.City of Clearwater quitciaims and releases all of its right, title and interest thereto. ��ction 2. The City Clerk shall record this ordinance in the public records of Pinellas County. Florida, following adoption. �ection 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and and legal sufficiency: .: - ohn Carassas Assistant City Attorney Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk EXHIBIT "A" VACATION REQUEST 95-16 Conumence at the Northeast corner of Lot 153, Woodqate Of Coun�ryside Unit One, as recorded in Plat Sook 70, Pages 1� and 14, o� the Public Records of Pinellas County, Florida; thence S69°13'42"W, along the North line of said Lot 153, 10.03 feet; thence along �the arc of a curve to right, radius 250.00 feet, arc 7.00 feet, chord bearing, S15°44'O1"E, chord 7.00 feet, to the Point of Beginning; thence N75°04'07"E, 3.00 feet; thence along the arc of a curve to right, radius 253.00 feet, arc 29.35 feet, chord bearing, Sil°36'30"E, chord 29.33 feet, thence S81°42'53"W, 3.00 feet; thence along the arc of a curve to left, radius 250.00 feet, arc 29.00 feet, chord bearing, N11°36'30"W, chord 28.98 feet, to the Point of Beginning. � LEQALS.WJS !�. . � W � U � w � � m � � F" CURVE RADIUS LENGTH CHORD BEARING C1 250.00' 7,00' 7.00' S 15'44'01" E C2 253.00' 29.35' 29.33' S 11'36'30" E C3 250.00' 29.00' 28.98' N 11'36'30" W NOTE: This is nat a s�rvey! � � � � � � � � � � � , EoSeie' �' P.O.B. �, v�����y� i � , , , i � LOT 153 W UODGATE OF COUNTRYSIDE UNIT ONE P.B. 70 - P. 13 & 14 \.� �2 . .!. �3 � c � � I � 0 1 `l' I �" 1 � I I � � v I � � � ' o NE cor Lot 153 Proposed Vacation VAC9516.dwg Novo 11/02/95 r .=. J � � � i : � , i : � i TO: FROM: COPIES: SiJBrTECT: DATE: �� •-- � CITY OF CLEARWAT)ER INI'ERDEPARTMENT COF;ItFSPONDENCE ,- John Carassas, Assistant City Attorney Victor C. Chodora, Assista.nt Director, Central Permittin Scott Shuford, Director, Central Permitting Dernolition lien - 1003 LaSalle Street January 10, 1996 We have attached Resolution No. 96-09 to file a demolition lien on the above propetty. This groperty was demolished without the filing of a Wavier of Notice and Hearing. The demolition was completed on January 5, 1996. Attachment "A" is included contauiing an itemization of the expenses incurred in this demolition process. The Nodce of Violation, title search and other notices to owner are included. R���N1/�D �AN 12 ig96 ��TY ATTORNEY ;� � ' 1 � � ' � 1' A RESOLUTION OF THE CTTY OF CLEARWATER, FLORIDA, ASSPSSING CERTAIN R.EAL PROPERTY LOCATED IN GRF..ENWOOD M.4NOR, CLEA.RWATER, FLORIDA, H,�VING A POST OFFICE ADDRESS OF 1003 LASALLE STREET, CLEARWATER, FLORIDA, AS DESCRIBED MORE PARTICL,TLARLY uF,R�?jN, IN THE AMOUNT OF $15,901.00 FO�. THE C4STS OF DEM4LITION INCI:IRRED IN REMOVING A DANGEROUS STRUCTURE, WI'I'�iOUT TSiE CONSENT OF OQVNF.R. V'�]EiERF.AS, pursuant to Chapter 47 of the Clearwater Code of Ordinances and the Standard Building Code, the Building Off'icial determined that certa.in real property described herein and the building sit�ated thereon were unsafe, unsanitary, unfit for human habitation, and dangerous and detrimental to the health, safety, and general welfare of the community, and d.id not properly comply with the requirements of said Code, and found that an emergency existed which, in his opinion, involved danger to human life and health, and order�ed the demolidon of the building; and 'WHEREAS, the City of Clearwater has caused the demolition of the building, and the cost of such work should now be assessed as a lien on behalf of the City of Clearwater against the property; now, therefore, BE TT RESOLVED BY THE CITY COMII�IISSION OF THE CI'TY OF CLEA.RWATER, FI.ORIDA: Section 1. The Building Official having ordered the demolition of the building situateci on the following described property: Greenwood Manor, Lots 9 and 10 (Parcel Number 10/29/15/33498/000/0090 & 0100). Owner o� record: Milton P. Rooks 1139 Fierce Street Clearwater, FL 34616-5723 and the City of Clearwater having now cornpleted said work, the City Commission does hereby assess and charge a lien on behalf of the City of Clearwater agai.nst the property for the necessary costs incurred as follows: TOTA,I. DEMOLTTION COSTS S 15,901.00 (See Attachment "A") �ection 2, As soon as practicable, a Certificate of Indebtedness against the property for the amount of assessment shall be pa�epared, v�hich certificate shall constitute a lien prior to all other liens except the lien for taxes. Said certificate, when issued, shall be payable to the City in not exceeding ten (10) equal annual installments with interest at a rate not greater than eight percent (8 �) per annum. Secti n. The City Cle�rk is hereby directed tc prepare a Notice of Lien in the amount of the assessment against said property, and to record the same in the Public Records of Pinellas County, Florida. Section 4. This resolution shall take effect irnrnediately upon adoption. PASSED AND ADOPTED this Attest: Cynthia E. Goudeau City Clerk Approved as to form and legal sufficiency: Pamela K. Akin City Attomey day of , 1995. R.ita Garvey Mayor-Commissioner ATTAC�� "A" Resolution 96-09 (1003 LaSalle Street - Clearwater, Florida) TASK NALOL -(Pinellas County Records for ownership) Various correspondence and telephone calls Purchase requisitions Take photographs TQ►TAL HOURS Eleven (11) hours Cc� $25.00 per hour �ilm, developing, and prints Certified Mail and regula� postage Title Search - Sexton Title Services, Inc. Asbestos Survey - Occupadonal Health Conservation, Inc. Asbestos Removal - Lang Engineering of Florida Monitoring of Asbestos Removal - Qccupational Health Conservation, Inc. Demolition (E. L. Trevena, Inc.) TOTAL EX.PENSES LTEN AMOUNT i� 11 AMOUNT $275. 00 43. 32 3.16 65.00 1000.00 6530.40 995.00 6990.U0 $15,901.45 $15,901.00 r t.�...,., ; . ,., ,,.: � .. ... TO: FRt�M: RE : DATE: M E M O R A N D U M � a \ The Honorable Mayor and Members of the City Commission Pamela K. Akin�'City Attorne Y Outside counsel for cable franchise negotiations January 16, 1996 I am requesting approval to continue using the law firm of Arnold & Porter as the City's outside counsel for cable franchise agreement. In addition to negotiations with Time Warner, we anticipate using the f irm in cable franchise negotiations with GTE . PKA: jmp � �; ■ . ;' PRELIMINARY AGENDA Ciearwater City Cornrnission Worksession - 9;00 A.M. - Monday, January 29, 1996 Ciearwater City Comrnission Meeting - 6:00 P.M. - Thursday, February 1, 1996 Service Awards Convene as Pension Trustees Reconvene as Cornrnission FD FIRE 1. First Reading Ord. #5982-96 - relating to false fire alarms; amending Sec. 5.25 to provide an alarm user 2 courtesy warnings and to require an alarm user to pay an administrative fee of 522.50 for city's review of written evidence from a licensed alarm company that the alarm system causing a false alarrn has been inspected and repa+red GAS GAS SYSTEM 1. Interlocal Agreernent wEth New Port Richey INPR}; accept Franchise Ordinance 1388; and Res. #96-06 - Accepting the Franchise Privilege and Concession of the City of New Port Richey, F{orida, for the purpose of furnishing gas within NPR and to its inhabitants, and approving the interlocal ag� eement related thereto 2. Work Order for Pasco Gas Sales Office & Operations Center Design to Post, Buckley, Schuh & Jernigan, I nc,, Tarnpa, FL, far a n est. $ 59,100 (Consent) 3. Purchase 1,200 feet of 12 inch bfack Polyethylene pipe (for Pasco River Crossing) from Consolidated Pipe and Supply, Birmingharn, AL, at an est. $18,924 {Consent) PR PARKS AND RECREATION 1. Agreements with: Golden Cougar Band Boosters, Inc., Clearwater High School Band Boosters, Inc., and Clearwater Neighborhood Housing Services, Inc. for parking of automobiles during Spring Training season of the Philadelphia Phillies for the period 3/1 /96-3/31196 (Consent► 2. Direction re Carpenter Field Clubhouse Renovation (WSO) PW PUBLIC WORKS 1. Purchase of misc, brass water fittings from B& H Sales, Sarasota, FL, for the period 2/2/96- 2/1 /97, at an est. S 102,635,75 EN ENGINEERING 1. Construction Contract - Pier 60 Park 2. Contract for r�eservoir #1 - New Purnp House to Oakhurst Construction Co., Inc., Seminole, FL, for S 199,932.66 CP CENTRAL PERMITTING 1. fCont. at 1 2/7/95) Public Hearing & First Reading Ord. #5942-�5 - Amending Sec. 35.11, to revise definintion for "Delicatessen"; amending Secs. 40.383 & 40,403 to revise the unit number and floor area requirements for restaurants in Hotels/Motels; amending Secs. 41.071, 41 .072 & 41.U74 to provide for conditional use perrnits and accessory use designations for certain types of alcoholic beverage uses (LDCA 95-21 ) 1 /29/96 1 2. Public Hearing & First Reading Ord. #5956-95 - Amending Secs. 21,10 & 42.35 to provide for temporary storage of Recreational Vehicles for lodging purposes at the Harborview Center 3. Variance(s) to Sign Regulations for property located at 500 Cleveland St., Gould and Fwing's 1 st Addition, Blk 2, Lots 8& 9(Church of Scientology, SV96-01) 4, Parking Space Utilization Agreements for Clearwater Beach 5. Vogel Developrnent Agreement status CM ADMINISTRATION 1, License Agreement with Alexandra of Clearwater Beach, Inc. (Stev�n and Lisa Chandler), for the period 4/1 /96-4/30/201 1, re Pier 60 Concession Stand at Pier 60 Park on Clearwater Beach (Consent; CLK CITY CLERK 1. Airport Authority - 1 appointment 2. Design Review Board - 1 appointment 3. Development Code Adjustment Board - 2 appointrnents 4. Marine Advisory Board - 1 appointment 5. Historic Preservation Board - 1 appointment CA LEGAL DEPARTMENT Second Reading Ordinances 1. Ord. #5889-95 - LDCA amending Sec. 35.1 1 to define "vehicle sales"; amending Ch. 40 to add permitted uses in various zoning districts (LDCA 95-1 2) First Reading Ordinances 1. Ord. #5957-96 - Vacating a portion of drainage & utility easement lying in Lot 153, Woodgate of Countryside Unit One (Rubins / Jacobs, V95-16) Resofutions 1. Res. #96-09 - Dernolition Lien - 1003 LaSalle Street, Greenwood Manor, Lots 9& 10 (Rooks) OTHER CITY ATTORNEY ITCMS 1. Requesting Arnold & Porter as outside counsel for cable negotiations City Manager Verbal Reports Cornrnission Discussion Items 1. Commissioner Thomas' memo of 12/19/95 re Economic Development 2. Comrnissioner Thomas` memo of 1 2/22/95 re Chamber(s) of Commerce 1 /29/96 Other Commission Action Adjourn � . i:� .�. . ' ,� �''a�' :,J CLEA.RWATER CITY COMMIS�ION d C M r nd m �gen a over emo a u �tem # � � � Meeting Date: � �� WORK SESS I ON ONLY .��q . � SIIBJECT: Carpenter Field �Clubhouse Renovations RECOMMENDATIONfMOTION: provide direction to staff regarding the level and timing of funding for the renovation of the Carpenter Field clubhouse for the Philadelphia Phillies. a�d that the appropriate officiats be authorized to execute seme. SOrMY�lARY t ► The Carpenter Fielci clubhouse �as constructed in 1967. Although some minor modifications have been made over the years, the Phillies requested and staff agrees that there is a need to modernize the facility to a level similar to what exists at other major leaque spring training sites. (For example, installation of air conditioning, offices, etc.) ► ► The City�s C.I.P. budget provides $600,000 for phased renovation of the clubhouse building over two years. Specifically, $60,000 is budgeted in 95/96 for professional services and $540, 00o is budgeted in 96/97 for construction. Staff has contracted with the City�s consultant, Post, Buckley, Schuh, and Jernigan, Inc., to review the existing structure, to prepare a desiqn, and to provide cost estimates for renovation. ► The consultants have completed the design phase with plans acceptable to all parties. However, the estimated cost is higher than the amount budgeted by the City. A breakdown of the "Estimate Summary" is attached. ► "Option 1" shows a total cost of $662,000 for interior and essential exterior improvements. "Option 2" shows an estimated cost of $732,000 for all proposed interior and exterior improvements. ► "Option 1" will have a total project cost of $728,500 $662,000 for construction and $66,500 for professional $128,500 over the budgeted amount of $600,000. Reviowed by: Legel NlA Budget �.�..v Purchasinp �1� Risk Mgmt. j�j,�a CIS N____/rA _ ACM Other Submittod by: f� /, � __.. �/' City Manaper Originatimg Dept.: , Parka & Recre Usa� Dept.: Parke & Rec Advertised: Date: Peper; x�lot required Affeoted parties _ Notifiad _ Not requirad oe urrent Fundinp Source: � Cept. imp. ,_,_ Operatin8 _ Other Appropria�ion Code; 315-93202 representing fees. This is Commission Action: _ Approved _ Approved w/conditiona Denied Continued to : Attachments: 1) Eetimate Summary None ► "Option 2" shows a total project cost of $798,500, $732,000 for construction and $66,500 for professional fees. This option is $198,500 over the $600,000 budgeted. ► In addition to establishing the funding level, the timing for this project is important. To have the project completed for the spring training season of 1997, monies originally budgeted in 96/97 would have to be moved up to the summer of this year to allow for a 6 month construction schedule. ► City Commission direction at this time will allow the cons�ultants to proceed with construction drawings and to advertise the project for bid. An award of contract and appropriate budget amendments will then be recommended to the City Commission around the first c�t the summer. This will allow for the project to be completed prior to spring training of 1997 . :1 � �r . PBS&J CQt�struction, Inc. City of Clea�+vater P�rks & Recreation Department Carpenter Field Clubhouse Renov2�tion �oec at�uat C,o�atlmate �stimate Summary � �+�� �����r�.�wM�Y ..._...._...... _ _._.� - - - - --- -- - - - - - --- Optlori 1 interior �mprovements and assential Exteror Improvernents, �862,QQ0 Inc�uding Re-roofing. Option 2 Ail Proposed Interior and Exterior irnprovements 5732,Od0 Es#imate Basis 8� Assurnptions - Estlmata is based on Concep�ual Plans as prepared by P�S&.� Architscts. - AI1 Costs are In today's da�lars. December, 1995. - Unit Prices are based on stable Market Conditions, previaus P8S8�J projects� and other hi�torical cost intormation. - OotiAn 1- Excludes all extQrlor Items nat essentlal to the Interior renovation or weathQr tighlneaa. - Costs exclude envlronmenial mltlgatlan. such as asbestos abatement / lead paint, etc. - Costs exciude furnishings. - Costs exclude training raom eq�ipment. - Project is based an single nhase, wlth a aiandard duratlon. - Silework ts not Included in lhis project, except reserved parking signs. - 8aseball fisld •�vo�k if required is not inc�uded in this estirnaie. - loeke�s are not inc{uded in this estimata. • Unit Prices Inctude a 15% rernodeling / renovation factor. - Costs exclude des(gn fees, CEl a�d im�act fees 8 olher jurisdic:io�at tees. 01 /09/96 ��: •,� �_i�:�•�h, r�:�:�i �_�F. , ►:� _� hJH(' 1 nage • �] I CLERCt,82,WK4 PB��J Construction, Inc. C!ry of Clearwater Parks � Recreation Department C�rpenter Field Clubhause Renovatjon �on�e�tua! CQai Est�m� `Oiv. item I � Descrlption �� �Qty j Unit � # � • — - - -- -- -----{--____ I —�+`�� 'Gene�al Conditlons _ . ��� �� ^ _ 1 1�Mobilixatlon_ _ ___ _ __�_ 1 ^ 2 SuQervision d� Administration __� 1 3 Permits & Fees � ' 1 ,. - ....__ ... � 4 ;Tern ora.ry ut��ites _ _ . _ t 5 Trash Hauling 1 � � � 6 Ciean-u -�___.. ._ -- ----- — : 1 � Ls �s Ls Ls Ls Ls 7 �Dernolition . . ----- . Remove Existin Pariitlons __ 400 Lt ; Remave Shed 8� Disposal 1. l.s �.... . _.._. . ...._ . .._ _ -- Remove Roofing 10752 Sf Remove Walking Suriace at Roof � 1800 Si � ! Remove Existing Floon'n� /_Walls � _ 9500 St � Remove Existing Ce�lings 0 Sf ` � �I�ctrical I?isconnect & Ug. __ . _ 1; , Ls �' ;Precast Panels Cut-ins for �pgs. _ 1 l.s I 2 Sltework � �NIC _ ----- ---------_ _ .. , ^. _ _.. 4PTiON 1 Unit Arlce Tol�I Prlce $8,5a0.00 �8,500 i S18 OOO,t�O ^ $18,000' �,000.00 _ $a,aoo $�,500,00 __.. __,. ��,soo $3,000,00 �3,Q00 g3,000:00 � � _�3 000 �18,00 $7,200 S800.00 ____ S£rn0 $1,25 $13,440 � 1,25 $2,250 $2,00 �19,000 $o.oa ;._ so i �7,500,00 � $7,500 I�2, 500, 00 I 52.500 � .; . � . .. -------- ---- _ . i ;— 5 ,� � �Concrete i jFil! holea.in Precast 8� Patch 464 � Lf M�son � � � NIC r . . � � . ;Metals ---� - •� ---- - —___._... �. 1� Cold Rolled Metal Framing _ ^ , . {nterior Pa�titions - 4" � 768 Lt .._. _ ._ , . Para�pet & Fascia Frarning __ + 0 Lf 2 Flashing 8 Countemashing . 464 ' Lf 3 MIsc;Framing __� _ 1 � Ls_ , ^ . ._.' � . � $10.00 � 54.840 � - �20.70 � $17,25 � $5. 75 53.450.00 Wood � Plasticg � ---... .. . . . . _ , . 1 Cabineis 8 Counter taps � 90 • L� ! �172.50 ._. _ ._ �. 2 PresSuro Treated 8lxking 928 � Lf 50.86 _. _. ._ ... �. _ . 3 6athroom Accessories 34 Ea � $88.25 ......_ . �4:Misc. Wood Trim 1 Ls ' $1,725.00 F..... .. _. ._...... I T Thermal8 Molsture i�rotection _ ! �� � 1 Insulation _ Wall __�_ _ _ _ (— ! 2 Insulation - Roof , . .. -- O 1l09/98 � �_ �,� �. ; �_� � c r I h �. .,! T ;� �: .�:� :� P! H � .. _-- -_ - __�--�_� - -- . 0 . Sf . , $0.00 �; td752 __ St__ � �� 50 1 Pagn � ]I $OI _ . _ S 2 86 6 S3,45� S 15,525 ' $800 S2,589 S 1,725 i SO s�g,�� CL�RCI.B2.WK4 . PBS&J Construction, In�. City of Ciearwater Parks 8� Recreation Dcpartment Carpenter Field Clubhouse Renovation Gcnce�,�LCedt Estlm�te , Olv� + Iten1 i Descrlpllon � 1 � � - .--- - . .. . . ��� 3 Roofing - Buiit-up_Raof (No scuppers/dawn�pouts) _ I ! 4 Seaiing & Caulking_ _ _ Qty � Unit 10752' Sf i Ls 4PTIC�N 1 unit Price $2.40 52,875.40 � 8_ _ Doors � Windowa -�_� ._^_._. _-�_ __� ' J 1 Interior Wood Doors & Hardware 21 � Ea $632.50 _ �� u 2 Exter�or poors 8�ardware Removal 8� Re Iacernent 10 Ea $747.50 ._. __.. .. � �? ___.__._._ �. ___� . _ ! t 3 Louvers 0� Sf $0.00 ;�~' ' 4. Windows Rernoval i Replacement �^ T 256 Sf t �46.00 �_I 5�Shutters _ T_ V 0 St $0.00 ( 8 Roll-up Windows at Concession __ _ 40 �_ Sf _ 534.50 _ ! . .. �..._�___ _-- --- . . . . . . . _ . _ ;�• 9---� �inishes _ . . . _.�_�� --�---- , � - - - ._ ..---- � 1 Interior Partitians �nLwall __ __ __ 500' ^ Li $24.30 2 Painting - Interiar _ __ _ ,__ .__ 10752 Sf $0.69 3 Cel1(ngs • Acoustical Tile_ __ _ _ 7600 � Sr $a.03 ' A Floors - VCT ___ _ � 960 .S� �2.55 � 5 Rubberized Flooring i 436A f Sf $5.75 ! 6�Flaors - Exposed Concrete Sealed . 2024' Sf $1.73 '• 7� Floors - At root for Lookouis 2400 St ; $4.60 8 Walls - Bathrooms 1 Ls S2,500.00 9 Basehoards 1000: _ Li �2.01 10 Fascla 8� Parapet 1 Pf�wood 8 Plasier _, 4 Sf �$8.00 ' 11 Paintin - Exterior 10752 Sf , $0.75 12.Miscellaneous Wali patching 8 Repai�s � 1 Ls S5,OOQ.OD � 13 �Misc. Trim 1 Ls �1,725.00 h. ._— -- -_—. , i t1 E ulpment � ...- -- _ _ .. 1 .Appliances __._ __ _ 8 Ea � � ! 12 ' Furnlshin s . .... NIC --- -- � 15 � _ Mechanical _ ! _.�� � ' 1 HVAC • Roaf top A!C Units 2 rDuctwork 8� Accessorfes�� � � 3 ;Cxhaust Fans 4 Tasting 8 8alancing � _ ,Plumbing _ � ` 1TSinks ___ � 2�Showers � _.�_, __ _.__ - - — - - 01/09�96 _. i � a t ,380.00 _�. . �__� Tot� i Price S25 5 S 13 283 S7,415 $0 S 11,776 �Oi � 1,380 512,150 57,419 �30,590 $5,072 S2S,093 � 3:491 $11,040 $2,500 �2,013 _.. . ._.., .�8;0� $5,000 ; 51,725 ; — - � . �11,040 ; SO -------, �0 50 ' Tons $900.00 _ $45,000 50 Ton $700.00 535,000 12 � Ea �640.00 �7,2Q0 1_� Ls $1,150.00 $1,150 --- - — � --- ► � ---�- _ . �____. _3 �a ; . 5575.00 I , � 4 �Ea J S92o.00L_ 2 Page h�: ' •� �� 1 �:� ' �= hl ;�: : � i =�►_ , �:� :� hlHi � ] I _ .. . J $1,725' � $3,680 CLERCL82.WKd ,_ � z . �PBS&J Constructis�n, inc. City of Clearwater Parks � Recreation Department C�rpenter Field Ciubhouse Renovation CQncentual Co�s ��z i Div. Ita � � � 3 Toilets � _ � � � 4 Urinals � b Lavatoriea 6 !Nose Bibbs i 7'Misc. Plurnbti �� Ot �09/96 Descrtptlon QtY � � � � , � �lectrfcal ' 1 �L( htln �Ixtures Interior � 1 2 �Receptacies/ Outlels (I�terior) i 0752 3:Exit Lights w/8atte E3acku 5 41Emergency Llghts 10 5 Exterlor Llghts 1 -,�. . -. ._ 6 �Extorlor Receptacles _ _ _ __. _ ,^ __ 1 7 ,Service tmprovernents . __ _ t 8 :Panels 8► Oist�ibution ; 1 9 Conduit 8� Wlring �_ ; 10752 10 Ffre Alarm ; 1 11 Securlty System _NIC � 8ubtotal Home 0ltice Overhead 8� Pro(it � 15% _ Contingency (� 12% --- — ------ Total Costs �stlmated __ Total Estlmate �Rounded) � ` ,Total Coat per Sf � 3 Page �PTION 1 Unit Unit Prlce Ea �920.00 Ea �920.00 Ea �� �576.00 Ea $287.50 Ls �11,000.00 Tot�l Price S7 31 34 S1 S11 Ls �$15,040.00 S15,000 Sf $0.47 �5,053 Ea $2Q0.00 �1000 Ea �402.50 �4,025 Ls � � $1,500.00 $1,500 Ls $544.00 �50Q Ls � $9 ,5U0,00 51,500 ---�-- --�r. Ls ; $3,500.00 $3,500 St $1.50 $16,128 Ls ; a4,000.00 54,400 -- ' $� �� -- � � ss�a,�toa �77.115 ... .. .. .__ a70,946 ._. .. �. _-- 5662,181 � 5662,000 ; S62 � �, ' ,a i: T �_i ' '= Pl :' �: ._ T =+►: . ��� :� h! H � • ] I CLERCL82.WK4 i■ ;� ;� PBS&J Constr���tion, tnc. Clty of Clearwater Parka 8� Recreatton Department Carpenter �ield Glubh�use Renovat�on �on - ,�al C�,ggt Fgtimetg � Dtv itern � � Descriptton ^� ^� � � ----- �.�- ------- — � � � 1! � j4ehvral Conditfons __� � 1 Mobilization ! ,— �^� 2 �S.;pervlsion 8� Admlr.�stcation � � 3 i P9rrnits 8 Fees ���� �+ � �' ! 4 �Temporary Utilites _ _ I 5 Trash,Hauling_� __r---. . ..__. ..--- �_ 8 Cfean-� � � _ �_ _. ! � � T Demol�lion � ��� Rernove Existing.Part►tions Rernove Existin FlooringNValls f� I Remove Existinq Ceilin�s i 2 i r --- � � �3 �'4�—____�-Nlaso_ n.�L.__�_ -- -------- -----_._.__�__._____—__.__...___. f j _ i �JIC ---_. ^_ _._�________�_.__ , •5 �--- Metals +-------------._� ----- -------------- -- � � ___1 C�Id Rolled hletal Framing —^-- - ---_--�,_ . . _.�_ �_.._�_____- .----- - k-�:^� � r6 �----- - ! � �^ I lnxerior P�rtiti�ns - 4" ? Parapat 8. Fascla Framing � 4 2 Flashing & Counte►flashin�___ __ _ _ _____ `� �_ _ � ��4 3 Mlsc. Framin$__._------ - ---_- --________--- ---------- --- Wodd �. I'tastics �.r —_--- --. ------ _ 1 Cabinets & Counter tops !^ � 2� �P.ressure Treated 8lockin_g____�___ � �� � 9 31Bethroorn Accessor(es 4 ,Misc.'Nood Trirn .._�.— _ ____ __..___. 7 iThermel8. Mo�sture Protection �� ' �--���� � -- t �Insulation - Wall : — 2 !Insuletion - koa( � 3 �Roofin�. Built-up Roof _ . �� .^. . � . .._. � .. ' 4 Sealing 8 Caulkin.� _ _ � 1 Ilnterlor � 2tExtorlor 3 Louvers 01 /09/96 1 Pago :+,: • ,� �; 1 � � ' �= ��I :; �: . .' i :��� , �-, :� r1N � : ; 1 ORT10N 2 � -- �7 A7C, CIERCL82.WK4 PBS�J Constructlon, Inc. Ctty ot Clearwater Parks 8� Re�reatlon Department Carp�nter Fieid Clubhouse Renovation CQncentuai CQ�i �,�j�ti� OPTiO�I 2 �__$15.000 i 01;09/96 2 Patie , i. . � �� 1 ,.� • ,_ pl ' �: � i :�►� , ��� '� I�1 H � : ] r CLEKCLD2 WK4 i . , p8S&J Construction, tnc. Cfty �f Cl�arwater Parks $ Recreatlorl Departmeni Car�enter �ietd Clubhouse Renovation �'-��� ptLtal.�.QSLZt�Meta Qiv ltem Desc�iption � 5 P�nels & Dlstrlbution 8 Conduit b Wiring 7 Exterior tP ubs a Exterio� Rece ciea 9 Service Im�to_vements 10 Flre Alarm 11 Secur' S tem ��� � � �� ��� � Subtotal �Home Offlce Overhead 8 profit (� 15°/0 � Contin en 12°� Total Costs Estimated •Totai Estimate (Rounded► Totel Cost ner St ^ o»a��se � �. ,� �: 1;:� ' c rl � �_ : � T a�- ,�; _� hl H� �r � ��' y � unit oPTioN 2 unn Prico 1 i.a I �1 t ._.. l.._.-.---- �— 9 � 1 �La� � � $S 1 Ls $�4 NIG ._,� �„ ._' � 3 Page --• -•-•- r . .., _ .._ � � 1I Price CLERCL62.WK4 ; ; ; � i } � �' CZTY UF CLEARWATER P. O. Box 4748 Glearwate�r, Florida 34618-4748 City Commission MEMQRANDi1M TO: Betty Deptula, City Managcr FR.OM: COPIES: DATE: RE: Fred A. 'rhomas, Commiss Mayor and Commissione,rs becxrnber 19, 1995 Economic Development COPIES TO: COMM ISSION DEC 19 1995 Pht�S CL�RK / ATTORNEY ��*�*������*w*«���****�*�*�**********�**��**�**�*«******�*���*�r*�s�*w****�� i received in my commission mail a completed "Suggestlons Concerns & Comments" form concerning the rccently purchased property on Greenwood, Although thc form was anonyrr�o�as, the information in the form has beeri brought to the Comrnission by othe,r xesidents who have signed their letters. Du we need an invesdgation into the purehase of this property? Uid someane get rich quick at the expense of Clearwatex taxpayers? Please put this item on a worksession and have our real estate deparirnent fil! us in on just how prop°rty is appraised, and to what extent baekground ehecks are completod before items come to the Commission. FAT�rk a ✓ � TO: FROM: SUBJECT: DATE: RECEIVED DEC 18 �995 CITY MANAGER r�s �`� � � CITY Elizabeth M. Deptula, City Manager ���� � � v�� .t � f t �F CLEARWATER interdepartmental Correspondence . �� . Alan J. Ferri, Director Economic Development Citizen Comment on the South Greenwood land purchase December 15, 1995 The Department of Economic Development did not "over pay" for the 1.3 acre parcei. The fair market value for the land was established by a Certified Master Appraisal Institute (MAi� appraiser and reviewed by a second independent MAI appraiser. The company that we purchased the land from has been a real estate developer and manager in this area for more than ten (10) years. They also work with the Cities of i arnpa and St. Petersburg. Their General Manager is the former assistant housing director of Tampa United Niethodist, the largest nonprofit housing development organization in Tarnpa. ;. DEC 22 '95 01�20PM City Comrnie�ion TO� . FROM: DATB: S�:I��TI�: P.iii CITY OF �WATER P.O, �tJX 4748 , CLBARWATBR� PLORIDA 34618-4748 i:,l � � � Bctt�► DCptUla� C�ty M�►n.agGc Frod A, Thomas, Commi��o� December 22, 1995 CNN Advertistn� CC: Mayor, Commission, 7ef.f H�rpar COPIES T0: CQti1MISSlO�v DEC 2 �� �995 PktS� (.�� c;�K ' AT tUR�v = •t. ���YV����� �M�'IAr�M��YYIYY������ ������rN�����r�����lY��� ��������������Y�������M� I undexstand tbat thera was a meenng in which tha Bmah Tourlam Coun�i and Clearwater Greate,r Chamb�er of Comme,rce we,re repres�nted. Part of th4 ma�ing was to sea if there would be any outsida cont�ributora to help tbo City of Clearwa�e�t defray cost on an adverklsln$ c,a�npal�n w�th G'N�t. I underatand that the Beach Tourtsm Coundl plcdged SS,OUO to the campaign, 1 fi�rthe,r wnderstand that tho C3r�ater Clearwatar Chembar of Comme,t�ce plod�od nothiag. This indicates a total lack of suppo�t from the Gnatcr C1�ca�wata Cbamber of Comm� on bche�f of the City of Clea�wates'� e,fforts to improve touri�m, � ,; I find th{e cven morc dist�rbir� ainoe the dtizens of C1e�u�watar just donnted ovar �300�000 to tha areater GleaxwaGe.r p�ambar of Commorce for � warthless bu�lding that tha City of C1Garwater'� eitizcns already paid for in the iir9t placa, Maybe �t'� dme to m�ly r�co�nize the Qr�atae Gle�water Chataber of Commor�ca for what it is - an organizadan that ia �e1.t ibl�ling; not the� fac tha ne�ds of the c�tiz�ns not tho busfinesscs ot Cl�ar�►at.a'. It is tirne to quu invi�n� t�ern to meetings since t�dr partidpa�on ia valuelass, Mayba it is �mo to atart �rocogntzing tho naw Cle�arwater Beach C�arnbes of Commerce aa the real true Chambac of Commerea int�sted iA promating tourtsm for the City of Cleuwator. Maybe ft ia timo tv atart �iving them matching f�ads juat the way wa have b�cn financially support3ng the Gr�au�r Clcarwate,r Gh�mbt� of Commcrco, Lct's put t'his on tbc agond� for discussian. FAT/j ej 1 � � ' � ,rrir� .:�_. � .ii�i►,: �• � ---_ 0,1-26-96 15:63 VOLKERT AND ASSOC ID�9049642946 p.02 � � 1 � f� � � � Y�ae. �Y • so" � GD 'jv <s�' �i c��r � � , w , 3 ' ��R6►E'� - 30 Q � �~�'��o'�roQ �a�� ,�� t .....• ... . .. . . _ ..-- ... . .. ...........� �, F� ,� �� � � �� �0 4� j--o•.-._ .a!!�...__ SEE DETAIL °A' THIS SHE`ET _.._, BULB-T 72 �_ ,. .. •. J MEASURED Ra�iAL OR I.PIERS 2, 3, AND 4 � 29' -6' ; . � ; ; � 9'--0' BA T' CT YF�' 1 �1 C 1' _d- = 4'-6' 3 SPACES e 9'-0' = 27 CU- 41�'N R�c �� ���� �� o �` � r �� a �rc� '�� ��tow►o�� � � � � ����� � �� January 19, 1996 1507 Bay Palm 6oulevard • ind�an Rocks Beach, Fior�da 34635 • FAX 813i595-4627 Administrat�ve OK�ces Public Works Department 6uilding Departrnent 813/595-2517 813/595-6889 8131595-2517 The Honorable Rita Garvey Mayor of Clearwater 112 S. Osceola Avenue Post Office Box 4748 Clearwater, Florida 34618-4748 RE: ONE CENT SALES SURTAX Dear Mayor Garvey: W � % COPIES TO: COMMISSION JAN 2 2 1996 PRESS CLERK / ATTORNEY Enclosed is a copy of the City of Indian Rocks Beach Resolution Na. 96-13, wherein the Mayor and the City Commission unanimously approved to request that Pinellas Cvunty call for a referendum at which there shall be submitted to the electors of Pinellas County the question of whether a resolution shall take effect which will extend the one cent sales surtax upon all ,�uds and services sold '+n Pinellas County, Florida. The City of Indian Rocks Beach is seeking support of this Resolution and is requesting that your City adopt a similar Resolution. Sincerely, CITY OF INDIAN ROCKS BEACH C��f�.�1c�e� i� . � � Deanne Bulino O'Reilly, CMC, City C rk Enc4osure: As stated � � �<� � � RESOLUTION N0. 96-13 A RESOIUTION OF THE CITY OF (NDIAN ROCKS BEACH, FLORiDA, REQUESTtNG THAT P{tVELLAS COUNTY CALL FOR A REFERENDUM AT WHICH THERE SHALL BE SUBMITTED T� THE ELECTOAS OF PINELIAS COUNTY THE QUESTION OF WHETHER A RESOIUTION SHALL TAKE EFFECT WH1CH Will EXTEND THE ONE CENT SALES SURTAX UPQN ALL GOODS AND SERVICES SOLD IN PINELLAS COUNTY, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on Septernber 7, 1989, the City of Indian Rocks Beach, Florida, entered into an interiocal agreement with Pineilas County for the imposition of an additional one cent surtax for all goods and services sold in Pinellas County, Florida; and WHEREAS, on November 7, 1989, the voters of Pinetlas County, Florida, approved the referendum question which levied an additional one cent sales surtax for a period of ten years upon all goods and services sold in Pinellas County, Florida; and WHEREAS, Section 212.055(2), Florida Statutes (1988 Supp.1, authorizes the governing body of Pinellas County to levy by ordinance a discretionary sales surtax of one cent throughout Pinellas County, Florida, subject to referendum approval, to finance, plan and construct infrastructure, defined as any fixed capita{ expenditure or fixed capital costs associates with the construction, reconstruction or improvernent of public facilities which have a life expectancy of five j5) or more years and any land acquisition, iand improvement, design and engineering costs related thereto; and WHEREAS, there exists a great need on the part of Pinellas County and the municipalities within Pinellas County to finance, plan, acquire, imp�ove and construct Councy and municipal infrastructure projects including transportativn, parks and open space, jails, courts, drainage and public facilities; and WHEREAS, the City of Indian Rocks Beach, Florida, has benefitted greatly by enhancing the City with the proceeds of the additional one cent surtax, since February, 1 990; and WHEREAS, the imposition of the one cent sales surtax will expir� on January 31, 2000; and WHEREAS, the City Commission of the City of Indian Rocks Beach, Florida, deems it in the best interest of the City to support Pinel{as County for continuing the one cent sales surtax. (b v�k'� NOW, THEREFORE, BE IT RESOLVED BY THE CITY C�MMISSION OF THE CITY OF INOIAN ROCKS BEACH, FLORIDA; �ECT�ON 1. That the City Cornmission of the City of Indian Rocks Beach, Florida� requests that the Pine(las County 6oard of County Comm+ssioners approve an extension of the one cent sales surtax. SECTIQN �. The City Clerk of the City of Indian Rocks Beach, Florida, is hereby directed to send copies of this Resolution to the Board of County Cornrnissicaners, Pinellas County, Ftorida, and to the local rnunicipalities within Pinellas County, Florida. �ECTION �. This resolution shall becorne effective immediately upon passage. - The above a��d foregoing resolution, upon motion by Commission am b�ll, and seconded by Vice Mayor Sullivan was duly approved and adopted at a rneeting of the City Cornrnission held on this 17th day of Januarv, 19�. AYES: NAYS: ABSENT: ABSTAIN: ATTEST: (5) t0) ( 0) (0) Campbe{{, Sulilvan, Scott, Sandefer, DiNicola. l�_ �A A . Deanne Bulino O'Reilly, CMC, City RESOLUTION NO. 96-13 rk -2- . s�� � Ro ert H. DiNicola, Mayor(Commissioner