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03/07/1996, • • {' ��r� � � � I r � � . ' f t f t � i t 4 _t ;} lQ �. my; �; �4 � �7 ,..., � • . . � � • note: 3-4-96 Preliminary (Worksession) Agenda and paperwork that Was in package initially but then not continued onto �hursday's agenda is at the back of this agenda pacl�. �1�� 0 � i� t � l i i s ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, March 7, 1996 - 6:00 P.M. - Chambers 1. tnvocation 2. Pledge of Allegiance 3. Service Awards 4. Introductions and Awards 5. Presentations: a) Library Board - Annuaf Report 6. Approval of Minutes - Regufar Meeting 2/15/96 & Special Meeting 2/15/96 (attorney/client) 7. Citizens to be heard re items not on the Agenda 1. Rev. Otis Green, Everybody's Tabernacle. 2. Mayor. 3. Retirement award presented to Charlie Brinson, Public Works Department. 4. Proclamation: Women's History Month - 3/96 5. ai Report received. 6. Approved as submitted. Steve Fowler expressed concern re proposed Memorial Causeway Bridge repairs and the impact it will have. Requested it be delayed until 8/98 if still needed in light of efforts to replace the bridge. David Grice, Deborah Corbett. Jarnes Kessel. Li a Richardson�Dorothy Heike.ar, Christopher Anar & Lance Marco expressed concern re traffic, drug dealing and racial tensions in Plaza Park. Requested something be done. Dino Delabeta requested something be done re skateboarding in neighborhood and owners not cleaning up after their dogs in Crest Lake Park. John Doran requested Clearwater Beach Association be loaned the Welcorne Winter Visitors banners. Consensus to do so. Paul Bulio requested ball fields be made available to Babe Ruth League. : � 10. PUBLIC HEARINGS (Cont. from 2/15/96� Variance(s) to Sign Regulations for property located at 2085 Gulf to Bay Blvd., Bamboo Sub. Replat, Lots 1& 2; Sec. 13-29-15, M&B 42.01 & 41.04; and Bamboo Sub., Lots 2, 3, 8-12 (SDS Investments, Inc. / Carlisle Lincoln Mercury, SV96-02) Variance�s) to Sign Regulations for property located at 715 S. G�Ifview B1vd., Bayside Shores, Blk D, Lots 1& 2 together with accreted land to south (Lane Clearwater Limited Partnership / Holiday Inn Sunspree Resort, SV96-04) Variance(s) to Sign Regulations for property located at 1501 N. Belcher Rd., Sec. 7-29- 16, M&B 22.01 (The Center Foundation / Pineiias Community Center, inc. dlbla Long Center, SV96-CJ5) 3/7/96 1 8. Approved area variances of 12, 12, 28 & 6 sq.ft. to allow "Parking", "Service", "Paint/Body" & "Entrance" directional signs with areas of 16, 16, 32 & 10 sq.ft. respective{y. 9. Contir�ued to 3/21 /96.. 10. Approved an 83.3 sq.ft. area variance to allow attached signs with an area of 131.3 sq.ft. 11 .�Cont. from 2/15l96) Public Hearing & First Reading Ords. #5974-96 & #5975-96 - Annexation & RS-6 Zoning for property located on the east side of Landrnark Dr., Sec. 33-28-16, M&6 22.011 1(City / Richard Baier, A95-29) '12. Pubiic Hearing & First Reading Ords. #5983- 96 & #�5984-96 - Annexation & {L Zoning for property located at 2050 Sunnydale Bivd,, Clearwater Industrial Park, part of Lot 2 (Tuthill Corp. / Hansen Plastics Division, A96- 03� {Request to Continue by Staff) 13. Public Hearing & First Reading Ords. #5985- 96 & #5986-96 - Annexation & RS-8 Zoning for property located at 1501 Stevenson Dr., Stevenson's Heights, Blk D, Lot 5(James L. Waters, TRE & Zonald E. Waters, A96-05) 14. Public Hearing & First Reading Ords. #5987- 96 & #5988-96 - Annexation & RS-S Zoning for property located at 1301 Woodbine St., Pine Ridge Sub., Blk C, Lot 9(James L. Waters, TRE, A96-08) 15. Public Hearing & First Reading Ord. #5963- 96 - Amending Sec. 42.06, to provide for revised requirement for transfers of developrnent rights (LDCA95-23) 16. Public Hearing & First Reading Ord. #5970- 96 - Amending Sec. 42.21, to provide for improved clarity concerning the application of landscaping and parking standards for nonformities (LDCA95-24) 17. Public Hearing & First Reading Ord. #5971- 96 - LDCA establishing zoning standards for police substations (LDCA96-01 ) 18. Public Hearing & First Reading 4rd. #5972- 96 - LDCA establishing "Research and Technology Production" Use (LDCA96-02) 19. Public Hearing & First Reading Ord. #5991- 96 - Amending Sec. 35.1 1, to establish a definition for convention center ILDCA96-03) 1 1. Approved. Ords. #5974-96 & #5975-96 passed 1 st reading. 12. Continued to 3/21 /96. 13. Approved. Ords. #5985-96 & #5986-96 passed 1 st reading. 14. Approved. Ords. #5987-96 & #5988-96 passed 1 st reading. 15. Approved. Ord. #�5963-96 passed 1 st reading. 16. Continued to 3/21 /96, 17. Approved. Ord. #5971-96 passed 1 st reading. 18. Approved. Ord. �#5972-96 passed 1 st reading. 19. Approved. Ord. #5991-96 passed 1 st reading. Public Hearing - Second Reading Ordinances 20. Ord, #5969-96 - Amending Appendix A, 20. Ord. #5969-96 adopted. Schedule of Fees, Rates and Charges for Article XIX - Streets, Sidewalks, 4ther Public Places 317/96 2 21. 22. 23, 24, 25, 26. Ord, #5976-96 - Land Use Plan Amendment to Commercial General for property located at east & west sides of S. Ft. Harrison Ave. and south of Woodlawn St., Sec. 21-29-15, M&B 44.08, 44.09 & 44.10 (Florence Panteles, Peter V. & Michael Gianfilippo, and Oliver & Harriett Ackerley / City, LUP95-35) Ord. #5977-96 - CG Zoning for property located at east & west sides of S. Ft. Harrison Ave. and south of Woodlawn St., Sec. 21-29-15, M&B 44.08, 44.09 & 44.10 (Florence Panteles, Peter V. & Michael Gianfilippo, and Oliver & Harrie�tt Ackerley / �ity, Z95-18) Ord. #5978-96 - Annexation for property located at 1936 E. Skyline Dr., Skyline Groves, Lot 60 (Strohm, A96-01) Ord. #5979-96 - RS-8 Zoning for property located at 1936 E. Skyline Dr., Skyl+ne Groves, Lot 60 (Strohm, A96-01) Ord. #5980-96 - Annexation for property located at 2209 Arlington Place, Palmetto Terrace, Blk B, Lot 3(Jaeger, A96-02) Ord. #5981-96 - RS-8 Zoning for property 4ocated at 2209 Ar{ington Place, Palmetto Terrace, B{ k B, Lot 3(Jaeger, A96-02} 21. Ord. #5976-96 adopted. 22. Ord. #5977-96 adopted. 23. Qrd. #5978-96 adopted. 24. Ord. #5979-96 adopted. 25. Ord. #5980-96 adopted. 26. Ord. #5981-96 adopted. C1TY MANAGER REPORTS COf01SENT AGENDA (Iterns #27-45) - Approved as submitted less #43. 27, Contract for engineering services for Clearwater Gas System expansion to Tampa Bay Engineering, Inc., for the period 3/8/96-3/7/99, for an amount not to exceed $350,000 (GAS) 28. Intergovernmenta! Agreement with FDEP to provide for assessment and, if needed, remediation of former Manufactured Gas Plant Site located at 400 N. Myrtle Avenue; authorize one time payment of 52,500 for cost & expense incurred by FDEP (GAS) 29. Contract for residential gas meter change out to West Coast Plumbing, Palm Harbor, FL, for the period 3/7/96-1 /6/97, for an est. $40,000 (GAS) 30. Arnend contract with National Meter Parts Inc., Lancaster, OH, to increase funding of existing contract to purchase gas meters and regulators by $17,000 for a new est. total of $45,881 (GAS) 31 . Purchase one 1997 Knuckle Boom Trash Truck from Atlantic Ford Truck Sales, Ft. Lauderdale, FL, for 574,985; financing to be provided under city's master lease-purchase agreement (GS) 32. Purchase of hearing assistance system for Jack Russell Stadium & other facilities to Public Assembly Equipment Company, San Antonio, TX, for $29,961.95 (HM! 317/96 � 3 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. Purchase 23 personal computers & related components Ifor City {-Sa{{) from Inacorn Information Systems, Tampa, FL, for 565,800; financing to be provided under city's master lease-purchase agreement (IM) Contract to provide personal computer instructors for city employee personal computer training project {for city & selected police staff moving to the MSC & Police Buildings) to CompUSA, Ta�npa, FL, for 5495 per day/per instructor, Tor a toal of $57,075 (IM) Re-appoint William Schwob to the Board of Trustees, Clearwater Police Supplernentary Pension Plan (PD) 5 Year Lease �f city owned property at 1435 S. Greenwood Ave. to Peerless Supply, Inc., W 157' of Lot 7, A. H. Duncan's Resub., for total minimum rent of S 1 1,460; payable S 191 per month during initial lease year, adjustable annually thereafter with CPI 1EN) Lease agreement with Clearwater Newspapers, Inc., a Delaware Corp. to lease 75 paved parking spaces, to be restriped by city staff, within portion of Blks 9& 10, Aiken Sub., for $750 per month for the period 4/1/96 to 1/31/97, with total maximum rent of $7,500 plus 5810 to erect and remove security fencing, for a total est. 58,310 (EN) Purchase of approx. 363 various sized steel front-end loading refuse con#ainers frorn Industrial Refuse Sales, Inc., Lakeland, FL, at a total est. 5127,580 tSW) Purchase of approx. 55 two, three & four-cubic yard aluminum front-end loading refuse containers from Boone Welding, Inc., Gainesville, FL, at a total est. 538,850 (SW) Purchase 16 twenty cubic yard, 17 thirty cubic yard and 5 forty cubic yard steel roll-off containers from Industrial Refuse Sales, Inc., Lakeland, FL, at an est. $95,640 (SW) Receipt/Referral - LDCA esiablishing a revis�d definition for variance (LDCA96-04� (CP? Receipt/Referral - LDCA revising the density conversions for nursing homes and residential shelters and revising parking regulations for nursing homes, residential shelters and group care facilities (LDCA96-05) (CP) Appr�ve use of a single caterer for food and beverage services at the Harborview Center; authorize an agenda itern for 3/21 /96 to award said contract to Boston Concession Group (CM) - APPROVED. 44. Acceptance of sidewalk easement (Clearwater Community Hospital) (CA) 45. Acceptance of utilities easement (Calvary Baptist Church) (CA) ,� 47. OTHER ITEMS ON CITY MANAGER REPORT Joint Project Agreernent & Utility JPA Construction Modification with FDOT to instal{ natural mains during widening project of SR55 (US1 9) from Live Oak Street north to Pinellas/Pasco County 1ine, at an est. 5238,236.72; Res. #96-13 - authorizing execution af agreements fior inst�llation and accep'tance of new city facilities; authorizing placing of funds with FDOT for completion of the utility installation (GAS) Res. #96-15 - Dedicating a 10' Sanitary Sewer Easernent lyir�g across a portion of Country Hollow Park (EN) 46. Approved agreements. Res. #96-13 adopted. 3/7/9fi 4 47. Approved. Res. #96-15 adopted. 48. Res. #96-14 - Officially renaming Marianne Street, between Mandalay Ave, and the west bridge of Memarial Causeway, to "Pier 60 Drive" (EN) 49. Agreement with Flor+da Community Trust (FCT), an agency within the FDCA describing activities that will be conducted both prior to and subsequent to acquisition of (Boy Scout) Camp Soule (CM) 50. First Quarter Budget (CM) a1 First Reading Ord. #6003-96 - Amending the Operating Budget for Fiscal Year ending 9/30/9C b) First Reading Ord. #6004-96 - Amending the Capital lrnprovement Program Report and Budget for Fiscal Year ending 9/30/96 51. Airport Authority - 1 appointrnent (CLKI 52. Development Code Adjustment Board - 1 appointment (CLK) 53. Library Board - 1 appointment (CLK) 54. C-view Task Force - 1 appointrnent (CLK► 55. Other Pending Matters 48. Approved. Res. #96-14 adopted. 49. Approved. Authorized City Manager to spend up to $50,000 for developrnent of rnanagement p1an. Authorized City attorney to make minor changes to agreement with FCT. 50. App�oved. a) Ord. #6003-96 passed 1 st reading. b) Ord. #6004-96 passed 1 st reading. 51. Appointed Gharles Kilbride. 52. Continued to 3/21 /96. 53. Appointed Edward Nichols. 54. Appointed Deanna Bennett 55. None. CITY ATTORNEY REPORTS 56. First Reading Ordinances a) Ord. #6002-96 - requiring lobbyists to register and providing for annual reporting of expenditures b1 Ord. #6006-96 - Amending franchise agreement with Time Warner Entertainment-Advance/Newhouse Partnership to extend the term of the franchise for a period of 3 months, ending 5/1 /96 57. Resolutions a) Res. #96-21 - Supporting the establishment of a regional organi2ation of local governments and Chambers of Commerce within the coastal region extending from Tarpon Springs on the North to Naples on the South for the purpose of pursuing and developing solutions to avoid red tide and the irnpacts of red tide within our region 58. Other City Attorney Items 3/7/96 5 56. First Reading Ordinances a) Approved. Ord. #6002-96 passed 1 st reading. b) Ord. #6006-96 passed 1 st reading. 57. Resolutions a) Res. #96-21 adopted. 58. None. � ; 59. City Manager Ve�bai Reports City Manager reported on 3/1 5/96 meeting re US19 "flyovers" to be held by Senator Latvala at Dunedin City Hail. City staff will attend and express Commission's concerns. City Manager reported public hearings not required for Memorial Causeway Bridge because it is already in the CIP budget. Will run specia{ ads. Cornrnissioner Thomas requested it be agendaed early in the meeting. Scheduled Public Hearings will be reviewed. 60, Other Cornrnission Action Clark reported curbing work on Mernorial Causeway gave an indication of the problems that will � be created by proposed repairs to bridge. � Clark questioned the status of Pinellas Trail in Clearwater. The City Attorney reported draft � agreernent had been received forrn the County; will be on next agenda. r ]"�mas questioned if Clearwater Countryclub was in litigation with the City. The City Attorney � reported it is Counfiryside Countryclub, not Clearwater. �� S�arvek thanked all volunteers and sponsors of Paint Your Heart Out. � S�arvev anno�nced Downtown Marketplace to be held this Saturday. � Garve�, reminded all to vote on 3/12/96, Thanked staff for explanation of ballot question. � 61. Adjournment - 10:22 p.m. 3/7/96 6 e �i�' .� J.`�` Y . ' .. .. . . . . i � TO: Mayor Garvey FROM: Sally Thomas, Agenda Clerk SUBJECT: Invocation COPIES: Cynthia Goudeau, City Cierk DATE: March 7, 1996 � . , . . . . � . . , . . � . . . .°u�. i 1 t 1 C1TY �F CI.EARWATER Interdepartmental Correspondence Tonight's invocation will be offered by Reverend Otis Green, Everybody's Tabernacle, 1120 N. Betty Lane, 3461 5 � � ! � : � � ; r � � �. . . � . � � TO: Mayor Rita Garvey FROM: Betty J, Blunt, Confidential Clerk Receptionist COPIES: City Commissioners, Betty Deptula, Cyndie Goudeau SUBJECT: Presentation at the March 7, 1996 City Commission rneeting DATE: March 7, 1996 The following presentation will be made at the March 7, 1996 City Commission rneeting. Retiremen� Award Charlie Brinsoa, Public Works Department �� PROCLAMATION Women's History Month �. �� �' � ; � : r ■ ; 1 t ip i 4 � � i } i t .. . - ��� � � �� Mayor �arvey, Commissioners Berfield, Thornas, C'la.rk, and Johnson my n,ame is Toay Bacon. I have been a resid,ent of Clearwater for 17 years and reside at 2768 Countryside Blvd. #2, in Westchester La.kes, with rny wife Linda. We are both very activc volunteers in the community. I am currently serving my sixth year on the li�rary advisory bo�:.rd I also serve on the board of thc Greater Clearwater Library Foundation In addiUon to these meetings and all the Fricnds vf the Li�rary functions, I have attended every Pinellas Li�rary Cooperative meeting since we have been members. My wife Linda does the mentor prvgra.in in Lhe local grunmar schools and also rwis the "Taddler Time" program at the Countryside I,��rary every Thwsday. I a.m honored to have � been Chairman of the library advisory board for the city of Clearwater for the past two y�ars. Prior to this I served two years as vice-chairman, Wc c�nrently have eleven members on the 1l'brary advisory board, all of whom are hard woricing active m�mbers. Joanne Laurenti is currently serving as vice-chairnian, other members of the board axe Marshall Benaett, Fstelle Dunn, Thalia Kelsey, Pain LeClair, Christine Moms, Dr. Williain Raffaniello, David Wa.ddell, and Lucille Weiss, and I must �cknowledge our most capable director Dr. Arlita Hallam. We nneet the third Friday of each month September through Ma.y at 9AM and whenever additional nneetings are necessary for special projects. The purpose of thc l�brary advisory board is to act in an advisory capacity to the library direcior and the city commission on all matters pertainin►g to the library, regarding written policies, needs of thz library, efforts to securc funds for the lib�rasy, a�vising the director on the budget, and acting as a public relations sector for the library. Due to relocation and absenteeism we have had a large hunover, replacing 4 of I 1 membcrs on our board so we have speat much time focusiag oa orientation of services that the L�rary offers, reference, online services, circulation policy, technical services includi_ng computer server and the interne� In order to curtail any further tuinover, we r�ecominended that fa.mily death or fa.mily a.nd personal illaess be the exceptions for absenteeisno,since some Ioyal board members had to be absent themselves for these reasons. • Other recommendations we snade this past year to the city commission and admisustration are to lower the overdue fec on videos &om 52.00 a day to S 1,00 a day and lower the m.aximum &orn S20 to S 10. That sponsorship on magazine advertisi.ng should be d�ecreased to card size. We recom.mended to drop Sunday hours since our trial geriod froin Fcbruary 6th-May 21 st provcd unsuccessful with the use being primarily recreatio�nal and not what we anticipated. Since theft of materials had become a problem, we recominended thal a security system be installed at all L�raries. A11 these matters were approved by t,be city administration. Other items discussed dwing this past year are as follows: The board m.et during the surnmer and formulated a new long range plan with the goa1B and objectives coverin$ many aspects and departments of the l��rary. Since the children are the future of our country, we want to provide children with i.mproved access to materials by providing appropriate space within the l��rary wbere preschoolers and elementary school children may have parental supervised a�cce�s to computer equipment, audiovisual materials, and educational gaumes. We hope to curiail juveaile delinquency through library and literacy programs and provide two annual visits to each public a.nd private school in the City of Clearvvater for the purpose of promoti.ng reading books, li�caries, a.nd the sumrncr library progra.m. Wc wa.nt to makc rcfcr�cncc morc cf�cicntly acccssiblc to informatQOn. . . �_---• �� � The objectives azc to merge all information provision points (information central, frog, reference, database place) into one central location in the future. We wi11 isnprove the match between the �brar}rs circulation collection and the needs of the users. Working with the education system staff tU identify the appropriate materials, we wi11 improve formal education support for children of all ages. Thc completc conversion oi thc Clcarwater Sun archives to mach.i.ne readable form will be a reality, since the Greater Cleanvater Library Foundation has given the li`brary a gift for this equipment. A grant from the Gubner farnily is enhancing the study of art in the library. We are very apprecialive to the Mayor and Commissioners for the monies that are appropriated in the city budget for l��rary use, This is enabling us to be one of the top SO libraries in the entire country. 1995-96 wa.s a rnilestone for the rlea,r�vater 1�`brary system since we passe�i the one naillion mark in circulatioa We recently did an effectiveness material availability study and we received many tributes froni our patrons pra.ising our excellent professional staffand the great service that is provid.ed. One patron states, "As a resident of Cleac�v�rater for approxi.mately 22 years, I must say your facilities are the best I�e encountered in all my travels i.n the United States. As � military retiree with access to military li�raries w�ich h.ave ur�limited funds to i.nsure they would help with senricemen's free tune-my wife aad I are happy to say by comparison you are doing an outstanding job. Fran�kly i an� glad you are doing this survey as it gives me the opportunity to thank your staff for the help throu� the years I've been a patron. Keep up the good work-we need you." My favorite library topic is the succcss that the Pinellas County Llbrary Cooperative has brought to the Clear�vater library since the coanmission voted 3 to 2 to becoine a member in October 1994. I beaded the co-op study committee a.ad we pro�nised representation so in 4ctober 1995 former city coannaissioner Dick Fitzgerald was selected to be Clearwater's representative on the co-op board. He is an outstaading representative serving on many import�wt committees. We promised the li�rary funds and in 1994-95 the Clearvvater Library received �504,000 a.nd i.n 1995-1996 the 1`brary received 5536,000. We promise,d to expand l��rary service and since joi.ning the ca-op the l��rary has added thirteen additional staff', includ.ing 3 children's librariaas, 2 reference librarians, 1 tech service, and 7 assistant librarians. In addition to allocating �205,000 to buy add.itional li�rary materials, Hillsborough and Pasco counties will be accessi'ble with your co-op card The following letter was written to the S� Petersburg Ti.mes-"�Vhen looking through my wallet, I discovered that the ihickness was not caus�d my an overabunda.nce of casv but by various cards. There are cazds to get cash, gasoline, merchandise, and discounts. There ar� cards to get in a.nd out of inedical facilitics, Then therc arc liccnszs to drive, fish, and worL. Thcre are the naembcrship cards in, it seerns, every conceivahle club knowa to man, woman, or child One card is different from all others. It is a very speciat card It entitles me to ma�ce unlimited withdrawals and requires no deposit� It costs nothing and lets rne tap into the wealth of knowledge. Yes it is my Pinellas Public Library Cooperative Library card I ca.n walk into 13 L'braries in the county and cbeck out any book I need. It can be for personal developnlent, recreational reading or improving my skills. I ltnow the information will be up to dale and arranged conveniently so thax I can find what I am looking for. What a treaswe we have ai our disposal! Support yo�a,r local Iibraryl" I wge all coin.m.issioners Lo continue to support membership in the county co-op so we can continue to grow and prosper with Pinellas County. During this past ycar with thc hclp of thc Mayvr, City Cou�issioncrs, Library Advisory Board, • ,. \ Library Foundation, Friends of the Library, all the wonderful volunteers, plus our most capable director and staff, we have become a"World Class Llbracy". On this 80th an,niversary of the Clearwater Library would�`t Andrew Carnegie be proud of what we have accomplished? Wc a,ro aYso looking ahead to thc futwre of the Clearwatcr library system. We have begtui prelimina�ry discussions �onceming enlarging bra.nches and relocating the main library to coincide with the city's master plan. I personally invitc thc mayor aad all the city commissioners to take a tour with the staff to see what has been accomplished during this past year. In closing I would like to recite a quote from Studs Terkel "Ail you need in life is tnrt.h and beauty and you can find them both at the public library." / \ � � � `. Fl�ridla �a�e �tu��� Basebal� OwEr� DOw��Ir�G Slat� C�mmissioner P.O. PDX 580 , c'�. GyITA SPRINGS, E I. _ 339��9 9 41- 495-E256 WORLD SERtES CHAMPIONS 1957 1980 1984 1985 1986 1988 PENSACOLA 13-15's MIAMI 13's TAIAHASSEE 13-15's SARASOTA 16-18's PENSACOLA 16-18's SARASOTA A�arbcr, MI Jamestown, NY Niles, MI Frederick MD Kinston, NC Vailey Jo, CA � � 'i . � �� � � � %in the winning team, �a�e Ruth Baseball. The Babe Rut� Baseball and Gzrls So ftball �s growing at a rapid �ace nationally and internationally. 1. 2. 3. 4. S. 6. 7. 8. 9. 10 National organizatior� is a youth oriented prograrn teaching baseball s�.ills and good citizenship. Ages 5 through 18. Tournaments - at least 14 post season tou�narnents. Girls softball ages 12 through 18. Insurance - primary, no secondary. Participation - local league play and you may play whoever you want to anytime, anywhere. ' Play all �ear if you would like to. No lirnit to teams in a league. Design your league to fit local needs. "B" Team Tournarnents. 11. Coaches, Managers and Teams needed. For rnore in formatiofT contcact: Owen �Jo�vning, State Develop�nent Director (941) 495-6256 or Al "Pappy" �'apaleo, Ass�stant Developm�nt Director (813) 738-1150 S��' •��+ a �� o 9� iE F�'�� � � Clearwater City Commission Agenda Cover Memorandum Item # Meeting Date: SU�.JECT: Variance to the Sign Regu{ations; 2085 Gulf to Bay Bivd.; SDS fnvestments, inc./Cariisle Lincoin Mercury (Owner/Applicant); Harry S. Cline 1Representative). (SV 96-02) RECOMM ENDATI ON/MOTION : Approve area variances of 12, 12 and 28 square feet from "Parking," "Service," and "Paint/Body" directional signs with respectivefy, on property identified as Bamboo Sub Replat, Lots M&B 42.01 and 41.04, along with Bamboo Sub, Lots 2, 3, 8, 9, Standards for Approval, items �1)-(4). the 4 square feet permitted to allow areas of 16, 16 and 32 square feet, 1 and 2, together with Sec. 13-29-15, 10, 1 1 and 12, for meeting Sec. 45.24 Deny an area variance of 16 square feet from the 4 square feet perrnitted to allow the "Entrance" directional sig� with an area of ZO square feet, on property identified as Barnboo Sub Replat, Lots 1 and 2, together with Sec. 13-29-15, M&B 42.01 and 41.04, along with Bamboo Sub, Lots 2, 3, 8, 9, 10, 11 and 12, for failure to meet Sec. 45.24 Standards for Approvaf, items E 1)-(4). � end that the appropriate officiats be authorized to execute same. BACKGROUND: The applicant is requesting area variance� of 16, 12, 12 and 28 square feet for four directional signs. The code a{lowance is four square feet per directional sign. The subject property is located on the south side of Gulf to Bay Blvd. at Bamboo Lane, and is in the General Comrnercial, Multiple Family Residential 8, and 5ingie Farnily Residential 8 zoning districts. The variance is requested to permit the existing directional signs to remain. Pertinent summary information is listed in the following table. Reviewed by: Originatir� Dept: Costs: f N/A Comaission Actio�: Legal N/A CENTRAL PERMITTING Totat ❑ Approved BudgeC N/A Gj ❑ Approved a/conditions Purchasing N/A $ ❑ Denied CISk Mgmt. N�A Use� Dept- Current Fiscal Yr. ❑ � Continued to: ACM � f�nding Source: CRT O Capital Imp. Acfvertised= 0 Operating Attachmentss DoCe: 0 Other APPLICATION Paper: Tampa Tribune VARIANCE WORKSHEET � ❑ Not Required MAPS Su�nitted by_ Affected Parties ❑ None � Noti�Fied Appropriation Code: ��� ��� � ❑ Not Requi red City Manager :.� Printed on recycled paper SV 96-02 Page 2 tnformation Existing Permitted Type of sign Freestanding Yes Location/orientation of signs Gulf to Bay Blvd. and Yes interior driveways Area "Entrance" - 20 sq. ft. 4 sq. ft. each "Parking" - 16 sq. ft. "Service" - 16 sq. ft. "Paint/Body" - 32 sq. ft. S aff Comments/Pro�osed Conditions: This automobile dealership has four nonconforming directional signs. The sign code allows directional signs up to four square feet in area, per sign. The four signs have areas of 20, 16, 16 and 32 square feet. The applicant is requesting variances to allow the signs to remain without reducing the sizes. Existing conditions support variance approva{ for three of the four signs. The "Parking," "Service," and "Paint/Body" signs are located interior to the property, producing only a nominai effect on Clearwater's aesthetic environment as viewed from the City's streets and sidewalks. The "Entrance" sign, however, is located adjacent to Gulf to Bay Blvd. with unobstructed visibility. This sign impinges upon the aesthetic interests of the City and, given its size and placement, it bears to some extent on the traffic safety interests of the City as well. With very few exceptions� signs marking driveway entrances throughout the City adhere to the four square foot code limit. This entrance sign, at 20 square feet, is five times the code limit. This is not a minimum variance; it is a wholesa(e departure from the code. The appearance of Gulf to Bay Blvd. has been vastly improved over the past three years through the extraordinary efforts of business and property owners who have replaced and modified signs to comply with the City sign code. It would be appropriate for this sign to comply with the code too. SURROUNDING LAND USES Direction Existing Land Uses North Indoor retail sales and vehicle sales South Single farnily residential East Mobile home park West Apartments and indoor retail sales The "Entrance" sign located roadside to Gulf to Bay Blvd. is not in cha�-acter with signs throughout the City used to mark driveway entrances. Approval of the variance for the entrance s+gn wi{I detract from properties that have conforming signs, and will adversely affect the appearance of Gulf to Bay Blvd. and the City. SV 96-02 Page 3 Applicable Variance S�tandards: To be eligible for a variance, a request must meet ail four standards for variance approvai. Based upon review and analysis of the informatian contained in the application, staff finds that the petitioner's request for the directional sign marking the driveway entrance does not meet all of the standards. In particular, the follovving standards do not appear to be fully rnet: (1) There are special circurnstances related to the particular physicai 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 tha appticable zoning district. �2) The stri�t application of the provisions of the code would deprive the applicant of the reasonable use of the land or buildings. (3) The variance is nat based exclusively upon the desire for economic or other rnaterial gain by the app{icant or owner, (4j The granting of the varianr.e will be in harmony with the general purpose and intont of the land development code and comprehensive plan and will not be material{y injurious to surrounding properties or otherwise detrimental to the public welfare. Relevant Previous Decisions bv the Comrnission: D{ RECTIONAL SIGN AREA �ASE # ADDRESS NAME VARfAN.CES MEETfNG R�QUESTED/ACTION DATE SV 93-25 1698 Gulf to Bay Grandy's 0.95 sq. ft. to allow 3/7/94 4.95 s . ft./A roved SV 93-17 1608 Gulf to Bay Peking Palace 3.5 sq. ft. to allow 4/19/94 7.5 s . ft./A roved m i/ARIANCE WORKSHEET - CASE NUMBER SV 96-02 � �� �R ��� ��� �� �� (1) There ern specln! ctrcumstences reletad to tha partlouler Thls automoblls dee{enhtp hes four noncnnforming direotional phyaicel surrounding�, shepm or topogrephicel oonditions slQns. Tl�a rlgn oods ellow• direotlonal signs uQ to fou� eppliceble to the land or buildings, and suah olraumstenoe� •qusrs f��t In srea, per •iqn. The four signs heve erees of ere peculier to auoh land or buildings and do not epply 20, 18, 19 end 32 tquere feet. The opplicant fs requesting generelly to the land o� hulidinys tn the spplicable io�ing v�rtenoss to eltaw the slgns to rema{n witfiout reducing the distrlct. slze�. Exlsting ao�dltlons support verlance approvel tor three ot the four sign�. The "Parktng," "Servlce," end "Peint/Body" stgns ere laoeted Interior to the property, producin� only a nominel e•Ifeat on Cleerweter's eesthetic environment ea vtewed from the Clty'� streets and sidewelka. The "Entrence" algn, howcve�, ta looeted edJecent to �ult to Bay Btvd. with unobstruoted visibiilty. Thls sign Impinges upon the aesthetio Interssts of the City end, glven Its size end ptecement, k been to •ome extant on the treffia sefety interests of the City es well, With vety tew exaepttons, signs marking drivewey entrences throughout the City edhere to the four square foot code Iimtt. Thb entrence slgn, et 20 squere feet, b flve ttmes tfie code {imh. Thfs fs not e minimum variance; It is e whokrale deperture from the code. The appeereace ot Outf to Bay Blvd. hes been vestly improved ov�r the peat three yeers through the extraordtnery efforta of busfness end property owners who fiave repleced end modlfkd afgns to comply wlth the Cky sign code. Thb slgn should compfy too, (2) The strlat epplloatlo� of tfie ptovb{ons of the code wouid With very faw exceptlons, sign• merking driveway entrances deprive the spplloent of the rsesonable use of the lend or throughout the City edhe�e to the four squere foot code 41mtt. bulldings. A four squere foot directbnal algn on thfs property would constitute e reaso�eble use. (3) The verlanoe ls not based exolusively upon the des(re for Absent eny conditlons unique to thls property, ft appaero thet economlo or other m+�terlal geln by the epplicent or owner. the verlence is based prtmarlly upon e deslre of the appltcent to secure e greeter finenck►1 return from the property. (4) The prantinp of the ve�lenoo wlll be in hermony with the The sign reguktions were edopted wf:h the Intent of general pu�pote end Intant of the lend development code and enhencing the vfsuel quelity of the Clty'a streets end comprehen�ive plsn and wlll not be materlally inJu�tous to landscepe {n order to protect the vafue of propertiea and the surroundl�fl propertie� or otherwise detrimentel to the publla well-befng of the local tourist orlented economy. The welta�e. grant(ng of thh varMnce appeara to be tn violatlon of thia Intent. __..�f�,,�,,•.. � VW�� •� �.M�� ��' `�,� J .1',-,�' ��l1tTRAL PERMIT�'ItVC C3E�,�R�'Nt�E11�� � Q s. �nissauRQ Avt�uu� � �.��. cL�RwA�R, ��� �as� s .. � �3� S�Cf1i VA�IANC� APIP�.1�AT1�111 �,,�t�(95 PROF'Ef�TY OWNER(S) NAME & ADDR�SS: SDS IN�F,STNI�]TS , INC . 2085 Gu1f-to-Bav Boulevard ��-.,.. - � �.� Y�l.�PNOIOIE: L813�1-3669 sv# �9�-oz R�RESENTAYiVEtSf (i�f �y) NAlUtE $ ADDRESS: HARRY S. CL INE , FS� . Post Office Box 1669 Cleazwater, FL 34617 � TE�EPHONE= t 813 � 441-8966 ADDRESS OF SUBJECY PROPERTY: 2085 Gulf-to-Bav Boulevard, Cle�water, FL 34625 NAlW� OF Bi1SIWESS {IF APPLIC�BLE):+.�i2LISLE �INCOLN MF�URY ZONING DISTRI�T: CG t.AA1D USE CLASStFlCATION: �� LAND AREA: 10.3 acres, -, � �� � P �L DESCRIP'YtC�At C3F SUB.fECT PROPER'TY: Metes an�3 Bounds �� •�( j ��'� �' ��°�' �`' s� b �'S i-I� PARC�1. IVUMBER: 13 / 29 / 15 / 00000 / 420 / 0100 IThis i�torma:ion is avaiJab{e from your tax receipt or conLae� Pinellas Ca. Property App�aiser's Office at 464-3207. If more than one pa►cel number, attach 8 h x 11 inch sheeti DESGR{8E SURROUNOING USES O� PROPER'TY: No�rth• Retail/Auto Sales Soutfi: Residential VARIANC�tS) REt]U�ST: East: Residential West: Retail Se� F�hibit "A" attached hereto aru� ma:de a part hereof by reference. CON7sNUED ON REV�RS� S�UE =�r� •-, a� r��?�c-�, n 1 1N3W�0��(1�Q 8�N I NNd�d WOa� 6S : bT SE61-Q0-1�0 +. • � � STANDAFtDS �OR ApP'ROV,Ai.: A vari,�nco ahall not be �ra+nted by tt�� City Commission ur�lass the appGcation and ovidanco pre=onted Clo�urly auppOrt tho f�oUowin9 oO�tcJusions: 11 Thoto ure speeisf circumstencas reietad to tfia particul�r physic,at surrawndings, shnpe or topog�t�phic8! conditions appticebia to the lar�d or buiidings, and such car�umstan�es ete pvcuiiar �o such i�nd or D�aildings 8�nd do nOt appjy '�alerally to tho land or buitdinqs in tt�e applics+blo zoninq distri�t bo�use see E�hibit "A" attaChed ._._._.._-� ... 2i � 1'he s�riet $pplicat+on of the provisions ot the �ode wa�ld deprive the applicam ot tt�e reason�ble uso oi s�e land or � buildinys because ' it "A" attached - 3) Yho vari�ce is not based exGusiv�fy upan a dtssire for ��onomic or otfier tn�terial gt�in by tt�o appli�c�t or own9r bet,�use see Exhibit "A" attached _�_____ 4i The qraniing of tho variance wili be in harrYwny with the q�rieraJ purpose and intant of tfi6 l�nd davslopm�nt code and comprohensive pt�+n �nd w�l not be materially i�urious to Sutrvundi�tg propertie� Or oti�erwise detrimenYal to tho pu� tit walfare be�cause see E�ibit �"A" attaclled THI$ $UBMISSIQN G1�1ES AN APPLIGANT TFiE OPPQRTUNiTY "t'O RFt�UEST YHE �IARtAiVCE AND APPEAR B�FORE THE Ct'�'Y COMMiSS14N AT A f'UBLtC NEARtNG_ FE�S PA�D ASiF NON-REFIl1�iDABLE REGARDLESS OF BOAitD ACTiON. $Y SIG�II�NG THIS DQCUMEN7 1 AM ACKN�WlEDG1NG THA'T ALL FEES PAtp fl0 NQT C,UARAhiTE� APPROVAL p� iHIS 1+E1�PLtCATIOW. � ��. S1GNdi►TURE OF PROPEF{'�Y OWNER (OR �PRESF31fTA?rilEt= (innk�cto c� � n..n+. v4 oon+wny it .vaiio.bi.� J�' Swom to ond subscribed b�fore me� this � day of October A.D_, i9 9��„� by S Q,IlVE . who is personally kr�own ta mo �nd/or has producoci �z� Not�ry Public es identifi�ation_ ��'� �.����.�,� . O' H iNen'�o ot Nota►y typod, prirrted or sit�mped) S7A'1� QF FLC��, COUN'1'Y b� P�'�'r'�S �- EN A, ���� : o� =�`.'� p T A q•• 'yF'�, Cammission No. ' �. . : �; 1-'•.,-s' �., ; �c� MyComm. Ezpires; Z ; 5 Ju1y 20, 199g ; i ' No. CC4741 S2 ' S --�-y�-�'., ,c : .. ��� -9 ' C! e �\ �','\Oe- S �'•,�F pF 'F�OQ',= ��1t����.����� NOTE: P�OpE�TV OWNER QR �EPR�SEI�7Ai1V� �HUSr ATT�NU H�,AR1(1��_ ,_„ . , ,-, . , .�-,....,- � � � �„�. �,.�n-,�n =�n 'i �1N 1 NNN1�i wn� -i �,� : b c r��� t -�H- iao EXHIBIT "'A" TO �?'C3Id V.�IRIANCE APPLICh1TI0IJ APPLICANT: SDS INVESTMENTS, INC. PROPERTY: 2085 Gulf-to-Bay Boulevard Clearwater, FZ 34625 VAR=ANCE RE4UE3T: To authorize on-site directional signs which exceed 4 sq.ft. in area as follows: (a) Entrance Sign: located at service entrance, existing sign is 7.3' x 2, 5' (20 sq, ft. , MOL) where 4 sq. ft. ia required, having no business logo, requiring a 16 sq.ft. variance. (b) Service Directional Sign: located approximately 150' from Gulf-to-Bay, generally centered on the 10.3 acre parcel, existfng sign is 2' x e' (16 sq. ft ., MOL) where 4 sq.ft. is required, having no business logo, requiring a 12 sq . ft , variance . (c) Parking Directional Sign: from Gulf-to-Bay, generally parcel, existing sign is 8'x sq.ft. is required, having no 12 3q.ft. variance. located approximately 150' centered on th� 10.3 acre 2' (16 sq. ft ., MOI,) where 4 business logo, requiring a -i� d� �, �C�- (d) Paint & Body Directional Sign: �'� located ,� M� of the property, approximately ���1 ' f rom Gulf -to-Bay, existing sign is -��►,, -�-wo ( 32 sq.ft. , MOL) where 4 sq.ft. is required, having no business logo, requiring a �2� sq.ft. variance. REASONS FOR REQ�UESTING �TARIANCE ( S ) : 1. The parcel is more than 10 acres in size, and is operated as a new car sales facility, a used car facility, and includes service and body work on automobiles. It is located mid-block on Gulf-to-Bay Boulevard with no signalization, on a high speed 6-lane ar�erial road. 2. All requests are for directional purposes only, and not for mar.keting, and the intent is to have suff icient signage to properly direct patrons and customers coming to the aite, and once they are on-site. The intent of the aignage, and the applica�ion, is to provide for safer conditiona, and is therefore a minirnum reasonable r�quest. �: .: � 3. Ae noted abave, , the requeat is for safei:y purposea. None of the signs have any logos or other advertisements, but are purely directional, and are therefore not even indirectly involved in marketing or other material gain by the applicant . 4. The signa have no adverse impacts on the community. In point of fact, only the sign entrance sign can be seen from the east or west, and it needs to be sufficiently large to be identified by traff ic in tirne to signal and turn from Gulf -to- Bay. The property has a single identified entryway and since � it is not at an intersection, such identity is appropriate � from a community standpoint. The remaining signage is ° interior, being approximately 150' south of Gulf-to-Bay, and is not routinely visible unless and until you are immediately north of , and have turned onto, the access or driveway for the 10 acre site. 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E C: Response to Ciry Commission Sign Questions Kathy S. Rice, Deputy City Manager RFCEIVED �IAk 0 Ei 19g6 DATE: March 6, 1996 �i ��Y MANqGER This is to respond to questioi�s asked by the City Commission yesterday. ��� N `' �� 5 1996 �i r�Y Ma,�VAGER 1. According to Mr, Dan Benda, the representative of the Holiday Inn Sunspre� for the sign variance, the p� siga structure was erected in October, 1995. The contractor was Howell Brothers located in Sazasota. �- \ Nir. Benda indicated the contractor believed the sign was approved by the City as part of the approval of plans for the hotel renovation. 2. Dayton Andrews and Lokey Olds withdrew sign variance applications filed in 1992. Carlisle Lincoln Mercury requested variances for 25.7 foot high, 73 square foot primary sign, a 12.6 foot high, 32 Q� square foot auxiliary sign, and two 9 foot high, 20 square foot leasing signs. On Decernber 3, 1992, � U (minutes attached) a�l Carlisle variances were detied except the 73 square foot primary sign. Lokey later refiled aad on Juae 16, 1994, a 19 square foot variance was approved to allow an 83 square foot primary sign and a 12.7 square foot variance was approved to allow a 44.7 square foot au�r.illiary siga. Approval was subject to the conditioa that no additional signage will be requested. Q � �' � �� . � � . J� + �' �� is in competition with the ca� businesses on US19 end he felt it would be a haia�d if the signs were reduced turther. Commissioner Deegan moved to deny the requested variances tor new, replacement freestanding signs, and an existinA attached sign for the subject property on the graunds the application does not rneet standards 1, 3, 4 and 8 for approval. The motion was duly seconded. A concern was expressed regarding standard sign sizes frorn the manufacturer and it was questioned whether there was some way for thern to come within the irarnework oi the Code. Upon the vote being taken: Commissioners Fitzgeratd, Deegan and Mayor Garvoy voted "Aye"; Commissioner Berfield voted "Nay". Motlon carried, Later in the meeting �ommissioner Deegan moved to reconsider Item �15. The rnotion w�s duly seconded and cacried unanimously. lt was stated that Mr. Andrews has the same problem with his signs as the Carlisle .�� dealership in that the manufacturers provide standard size signs, Commissioner Deegan rnoved to grant the square footage variance for the main freestanding sign with all other requests being withdrawn. The motion was duiy seconded. It was stated that the motion was being made not as a argument for changing the Code but as it was felt there was a good reason for the variance. Upon the vote bei�g taken: Commissioners Deegan and Berfield voted "Aye"; Commissioner Fitzgerald and Mayor Garvey voted "Nay". A tie vote continues this itern to the next meeting of December 17, 1992, !T M�t 1- V ri n Si n R ula i n f ro r Carli I Li In er u t 2085 Gulf-to-Bav,�Sec. i3-29-15, M&B 41.04 & 42.01, Bamboo Sub., Lots 2, 3 and 9- 11, less street, and Bamboo S�b. Replat, Lot 1 less E 10' for street and Lot 2(SDS Investments, Inc• (P��� The subject property is an interior lot located at 2085 Gulf-to-Bay Boufevard. The appticant is requesting variances for new and existing signs. The subject property is a large t10.32 acre) parcel used as an autornobile sales and se�vice establishment. The applicant is proposi�g to replace rnost of the existing freestanding signage on the site with signs which conform to a greater extent to the current sign regulations. The applicant proposes to: replace an existing 38 foot tall, 155 sq.ft, freestanding sign with a 25.7 foot tall, 73 sq.ft. sign; replace an existing 20 foot tall, 73 sq.ft. CCmtg 12/3/92 14 <� /,..i�� ~ � �' _ -- �� freestanding sign with a 12.6 foot tall, 32 sq.ft. freestanding sign as the proposad auxiliary freestanding signage; e"leasinA" freestanding sign retain two existing 9 foot tell, 20 sq.ft. "entrance" signs; and remove one existing "Carlisle" attached sign, IeavinB 3 "Carlisle" attached signs containing 50 sq.ft. each and one "Service" attached sign �ontaining 12 sq.ft. Staff review of the business licenses associated with this site indicates attached signs containing up ta 64 sq.ft. each are permitted for two businesses on the site; one attached sign ailacation for the dealership and one for the parts sales building. The total attached signage requested by the applicant is 162 sq.ft. which is considerably over the maximum of i 28 sq.ft. allowed by Code. While the property consists of several separate buildings, there are no exceptional setbacks for the main buildings to warrant granting the request; in fact, one building is closer to Gulf-to-Bay ttian is currently �ermitted. Staff feels the site can be �dequately identified with conforming signage. While the applicant's proposal would bring signage on this site into substantially greater compliance than is currently the case, there is nothing unique about the property to warrant granting the requested variances. The subject property is indeed a relatively large parcel for the Cene�al Commercial zoning district, however, the sign regulations take into account the existence of such large parcels through the allowance of auxiliary freestanding ." signs. , Staff also feels the entrance to the property can be adequately identified with conforming 4 sq.ft. directional signs.; . Staff feels the applicant has not met the following standards for approval: 1) The variance requested arises from a condition which is unique to the property in question and is neither ordinarily or uniformly eppl�cable to the zoning district nor created by an action or actions of the property owner, predecessor in title, or the applicant. Any mistake made in the execution of a building perm�t � work performed without the benefit of a permit � shall not be considered to be situat�ons which support the granting of a variance; 2) The particular physical surroundings, s�►ape or topographical conditions of the prope�ty involved and the strict application of the prov�s+ons of this development code would result in an unnecessary hardship upon the app��ce�t; 31 The variance is the �minimum necessary to overcome the un�ecessary hardsh,p �eferred to in a2 for the purpose of making reasonable use of the land; 4l The request tcx e variance is not based primarily upon the desire of the applicant to secure a greate� fina�c�al retu�n from �che property; 6) The granting o# the variance wil( not impair an adequate supply of light or ventilation to adjacent p�operty, det�act from the ap�earance ot the community, substantially increase the congestion in the public streets, increase the danger of iire, endanger the public saiety in any way, or substantially diminish or impa+r the velue of surrounding pcoperty; and �) The granting o� the va�iance desired will not violate the gens�a! spirit and intent of this development code. Mr. Clir►e indicated this property has 950 feet af frontage on Gulf-to-Bay Boulevard and only one advertised entryway. He stated they are requesting to allow a sign of 73 sq.�t. which is reduced from 155 sq.ft. and :wil{ result in a variance of only 9 sq.ft. He stated they are also asking for a 5.7 foot height variance. He stated they are requesting the height variance for the auxifiary sign because if it is lower, it wil{ not be seen over cars that are parked for display. He stated a1f criteria are met to justify this variance. CCmtg 15 �� r � �� i c� v ` 12/3/92 ��� � ,,��� ' ` .` Mr. Carlisle indicated that under his franchise egreement with Ford Motor Company, he must install signs in accordance with their standards. He stated he cannot get a smaller sign. He also questioned where in the Code directional signs are addressed. It was indicated these signs are addressed i� Code Section 134.009. In response to questions, Mr. Carlisle indicated he is limited by the franchise for a(I pole signs but he would investigate whether or not he could comply in regard to the attached signs. He felt the directional signs would enhance safety. ln response t� a question regarding how many directional signs are allowed, the Qlanning and Development Director indicated they are not lirnited in number except by the �umber �f entrances and roadways for the facility. In response to a question, he also indiceted the allowance of the business logo is a part of the 4 sq.ft. allowed for directiona! signs. It was pointed out the auxiliary sign is of tess square footage than could be allowed by the Code. �, . xcept the.9 square foot � ;�variance.�for the main freestandin si n'to allow'a 73 s uare foot_si ,•� ,_ g� g q , gr� where 64 square , � �;feefis aC(owe : The motion was duly seconded and carried unanimously. 7he meeting recessed from 10:36 p.m, to 10:46 p.m, T•M #17 - V ri n i R 1' f r r r lok I sm 'I n 2339 Gutf-t.4-Bav,, Sec. 18•29-16, M&B 31 .05, and Lokey F,B.C., Lot 2(Lokey, McFarland, Flaws & 8arnert Banks Trust Co. SV92-44)(PLD) The subject property is a large car dealership, containing over three acres, located on an interior lot at 2339 Gulf-to-Bay Boulevard. The applicant is requesting variances for new and replacemeni signs. In addition to requests regarding a freestanding sign and attached sign, the applicant wishes a variance to allow three new directional signs co�taining 10 sq.ft. apiece. The Code atlows a maximum area of 4 sq.ft. for directional signs. The applicant states the proposed freestanding sign will replace an existing sign which is currently 42' tall and contains 225 sq.ft. The appticant also indicates he would like to erect new attached and directionaf signage. � �espite the reduction in area proposed for the freestanding sign, and the relatively la�ge size of the subject prope�ty, staff finds nothing about the property which creates a unique, hardship situation which would warrant grant+ng the variance. The building is not setback far enough from Gulf-to-Bay to qualify for a sign bonus for the attached signage, nor is there anything unusual about the driveway design that requires larger directional signs. CCmtg 1 �/3/92 16 � � REQUEST FOR VARIANCE -- CARLISLE MOT�RS, LOCATED ON SDS INVESTMENTS PROPERTY AT 208.5 GULF TQ BAY BLVD l. Reason for our request for variance is SAFETY for our customers and traffic on Gulf to Bay. 2. Speed of traffic at our location approximates between 45 and 55 MPI� (except rush hour when it is a"parking lot". 3. The fast speed is usually during the period when our service customers try to find our one entrance. We also have curb cuts in two other locations which may be confused as entrance points but which are exits only--also for safety reasons. 4. Our customer clientele average age is 63 and many are over 80 years old. A 1 X 4 low sign would not be visible until it was to late to turn or required jamming on the brakes. S. All 4 signs for which we request variance contain no logos or advertising. All are for the convenience and safety of our customers. 6. Our frontage is 1350 feet. We have removed two signs the same size as our ENTRANCE sign as well replaced two tall pole signs with smaller and lower signs. We have no sign on the east 650 feet of property and tl�ere are no other signs until you reach Belcher Road. There is no "clutter" frorn the west end of our property eastward to Belcher. 7. As pointed out in Section 134.004 Purpose, Si�n size should be �stablished in relationship to the scale of lot.....and should lessen hazardous situations and confusion....and be compatible with their surroundin�s. WITH REGARD TO "Applicable Variance Standards" (1) We feel that we have s�ecial circumstances and that our request meets this standard. (2) Strict application wi 11 subject our customers to a safety hazai•d whicl� in our view deprives us of reasonable use. (3) T'his variance is not based upon desire for economic gtin --aUSt S�rety, 0 `•1 , (4} We cannot see how this variance can be detrirnental to the publi� welfare (just the opposite--denial will be detrimental to the public welfare), ' nor can it possibly be injurious to surrounding properties nor in lack of harmony with the code. WE RESPECTFULLY REQUEST THE GRANTING OF THESE VARIANCES, AND ARE ESPECIALLY CONCERNED WITH THE ENTRANCE SIGN FOR SAFETY OF N(JT ONLY OUR CUSTOMERS, BUT THE GENERAL PUBLIC. �; SDS Investrnents and Carlisle Motors, Inc �, Dan Carlisle � , ; �XCERPTS FROM CLEARWATER COD�, CHAPT�R 134. SIGN REGULATIONS Page 1]O5, Section 134.004 Purpose. (2) Allow for the comrnunication of information necessarv for the conduct for cornmerce. (3) Le�sgn hazardous situati4ns. confusion and visual clutter ..,... (6) Perrni.t signs that are cornr�atable with their surroundings, � orientation and preclude placement in a manner thati conceals or obstructs adj�cent land use or signs. (9) Establish sign �ize in rel�tionshi to the scale of the lot and buildin� on which the sign is to be placed or to which it pertains. .� City Commission City of Clearwater Re: Holiday Inn Sunspree Resort sign variance COF'IE5 TO c:OMM�SSIOtv MAR � 6 1996 PFi�SS CLERK ! ATT"}��`;:�,• We wish to register our objec�ions to the proposed sign variances requested by Holiday Inn Sunspree Resort. We feel strongly that the sign ordinance was enacted for the betterment of the Clearwater community. Clearwater Beach needs to upgrade further. More and bigger signs are steps in the wrong direction. � �. ���r e �''n g ne ierce 830sGulfview Blvd Clearwater Beach ``;��u�v 5�, � � 9 � . y �x�� ' .�.lit/•�� � s � � Q�,�-� ��-�. �P O �1 �.�� �- �� � ��� � �, �' � ����� ��. ,M.�e.w� o � g � ,�- _ --�` �. � ;�,� � . _... � �� V �+rc paperwork for Itern #9 moved to 3/21 /96 pack ,. � .� .� �� ���i' ;� .' ... �� . �� � r � _ `o� r�a� � � Clearwater City Commi�.sion Agenda Cover Memorandurn �� �� I tem �t Meeting Date: 3 . �7 . SUBJECT: Variance to the Sign Regulations; 1501 N. Beicher Rd.; The Center Foundation/Pinellas Community Center� Inc., dba Long Center (Owner/Applicantl; Mark Abdo (Representative). (SV 96-05) RECOMMENDATION/MOTIOIV: Approve an area var+ance of 83.3 square feet from the perrnitted 48 square feet to allow attached signs with an area of 131.3 square feet on property identified as Sec. 7-29-16, M&B 22.01, for meeting Sec. 45.24 Standards for Approval, items (1 j-(4j . ❑ and that the appropriate officials be authorized to execute same. SUMMARY: ► This property is located on the east side of N. Belcher Rd., north of the Seaboard Coastlin� Railroad, and is in the Pubfic/Semipublic zoning district. ► The applicant is requesting an area variance of 83.3 square feet from the permitted 48 square feet to allow attached signs with an area of 131.3 square feet. ► The variance is requested to allow placement of three wall signs with a curnulative area of 131.3 square feet on the west wall of the building facing toward Belcher Rd. Pertinent surnrnary information is listed in the table on the next page. Reviewed by: Originati� Dept: Casts: S N/A Caamission Action: Le9at N/A CENTRAL PERMITTING 7otal 0 Approved Budget N/A ❑ Approved w/conditions Purchasing N/A � Risk Mgmt. N(,A Current Fiscal Y�. � Denied User Dept: cts NLa ❑ continued to: ACM Funding Source: CRT ❑ Capital Imp. Ildvertised: � Operating Attachments: Date: � Other APPLICATION Paper: TAmpa Tribune VARIANCE WORKSHEET � Not Required MAPS Stt�mi tted ,� Affected Pn�ties �7 None �y � Notified �Pp�oP�?atiot� Codc: " �. �--�� �1 Not Requi red City Mo ag r � t,� Printed on recycted paper SV 96-05 Page 2 �nforrnation Proposed Permitted Type of signs Attached Yes Location/orientation of signs Belcher Rd. Yes Area 131.3 sq. ft. 48 sq. ft. (rnax.) ► Speciai circurnstances exist to support approval of the requested variance: ► Visibility of the signs from the public street will be diminished because the building on which the signs are to be placed is substantially distant (560 feet� from N. Belcher Rd. ► The Long Center is not availed of a sign area bonus, desp�te the great distance the signs will be from the public right of way.�' ► The proposed signs wilt not divert attention from businesses that have conforming signs and will not adversely affect the appearance of the City. SURRQUNDING LAND U�ES Direction Existing Land Uses North Salvation Army South Seaboard Coastline Railroad East City park West Manufacturing * Sec. 44.54(1)(a) provides for a 125% area bonus applicable to attached signs located more than 300 feet distant from the right of way. However, the area of any auxil;ary signs rnust first be deducted from the zone limit, and the bonus is applied to the remainder. In the case of the Long Center, the area of the auxiliary signs is 94.5 square feet and the zone limit is 48 square feet, thereby ieaving nothing upon which to apply a bonus. SV 96-05 Page 3 Applicable Variance Standa�ds: To be eligible for a variance, a request must meet ail four standards for variance approval. Based upon review and analysis of the i�formation contained in the application, sfiaff finds the petitioner's request meets all of the standards, which are: (1 j There are special circumstances 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. t3) The variance is not based exclusiveiy upon the de5ire for econornic or other material gain by the applicant or owner. (4j 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. SV 96-05 Page 4 Relevant Previous Decisions by tt�e Cornmission: ATTACHED SIGN AREA CASE # ADDRESS NAME VARIANCES MEETING REQUESTEQ/ACTION DATF SV 92-42 714 Cleveiand St. Trickel 70 sq. �t./Approved 2/9/93 Jewelers SV 93-73 2200 Gulf to Bay Goodyear 136 sq. ft./Denied 1 1/9/93 Auto SV 93-37 20505 U.S. 19 Burdines 185/185 s. ft./Denied 1/24/94 SV 93-49 1420 S. Missouri Good Rentals 22.6 s, ft./A roved 2/7/94 SV 93-39 20505 U.S. 19 Dillard's 21.26 s. ft./A roved 4/19/94 SV 92-90 423 East Shore Olympia 51.6 sq, ft./Denied 4127194 Motel SV 93-65 24791 & 24826 Ken Marks 128 sq. ft./Approved 6/1 6/94 U.S. 19 Ford SV 94-35 2907 S.R. 590 Johnny's 8 sq. ft./Approved 1 1/3/94 ltalian Restaurant SV 95-14 675 S. Gulfview Continental 10 sq. ft./Approved 3/16/95 Towers SV 95-20 387 Mandalay Ave. Lappert's Ice 4.8 sq. ft./Approved 4/20/95 Cream SV 95-32 1801 Sunset Pt. Majik Market 28.4 sq. ft./Denied 7/20/95 Rd. 16 s. ft./A roved SV 93-68 25749 U.S. 19 Savings of 37 sq. ft./Approved 8/3/95 America SV 95-31 387-1 /2 M�ndalay Wedgwood 1 1.5 sq. ft./Approved 8/17/95 Ave. House Estate Jewelers SV 95-38 1284 S. Missouri Art 64 sq. ft./Approved 9/7195 Warehouse SV 95-39 241 11 U.S. 19 Ro al Pools 95.6 s. ft./Denied 9/21/95 SV 95-4Q 2170 Guff to Bay Albertson's 192.3 sq. ft./Denied 10/5/95 81. 5 s. ft. /A roved SV 95-42 2530 McMullen Northwood 12.5 sq. ft./Approved 10/19/95 Booth Plaza and Republic Bank VARIANCE WORKSHEET - CASE NUMBER SV 96-05 STANDAii�B FOR VARfANCE APPfiOVAL STAFF FIlYDI�KiS (1 � There ere specled cl�cumstn�cea releted to the perticuler ► Vhibtlity oi the signs trom the pubitc sheet wil! be physicai surroundfngs, shape or topogrephioel condlttona dlmintahed because the bullding on which the signs will be applicebb to the Isnd or bulidings, and such oiroumstances pleoed !a subatentlelly dtatent (680 feet) from N. Belcher Rd. e�e paoul{ar to suoh t�nd or bufWings end do not epply gensrelly to the land or bulWinga In the applicable xo�in9 ► The Long Center !s not evelled of e sign aree bonu:, diatriat. deipite the greet distence the signs wiil be from the public rlght of wey. . ► The pcopoaed �ig�s wIU �ot dfvect attentlon from busine�ses thet heve con(orming sign� and wil) not edversely aftect the eppeerence of the City. (2) The striot appllcatbn of the provblo�f of the code would In pght o} the �peciei olroumstences Ibted above, the deprive the spplioant of the reesonebb u�e of ths land or proposed �igns constitute a teesonabb use, buildin�s. (3) The ver(ance b not based axclu�ively upon the de�ire for The varlance request appeen to •etlsfy thh aondition, economic or othe� materlel geln by the appllcant or owner. (4) Tha grsnting of the ve►tance will be In he�mony with tha The sign tegulations ware adopted with the Intent of generel purpose end Intent of the land devebpment code end enhenolny the visuel quellty of the Cky's atreets end comp�shensivs pbn end wfi) not be meterfeNy injurfou• to landscepe in order to proteot the value of propsrtlet and the surrounding propertbs or othe�wise detrlmentel to the publla well�being ot the bael tourlst orbntad sconomy. The welfere. grenttnp of this verianoe eppeers to be consistent wlth this intent. ■ v �`��� �, ., . J ��� � � �� J � ��� CENTRAL PERMITTING DEPART�lI1EtVT 10 S. MISSOURI AVENUE CLEA�iWATER, FL 34616 SIGN VARIANCE APPLICATlON S�# 9�-05 PROPERTY OWNERIS) NAME & A�D�ESS: R�PRES�NTA7IVE(S) (if a�y) NAME & f�DDRESS: The Center Foundation 1501 N. Belcher Rd. Suite 224 Clearwater, FL 34625 TELEPHONE: (� 1 3� 7 9 9- 214 9 Kark Abdo, Executive Director Pinellas Community Center Inc, dba Long Center 1501 N. Belcher Rd. Suite 225 Clearwater, FL 34625 TELEPHONE: J 813 � 7 2 6- 2 0 2 9 ADDRESS OF SUBJECT PROPERTY• 1501 North Belcher Road, Clearwater, FL 34625 NAME OF BUSINESS (IF APPLICABLE); �' i n e 11 a s C o m m u n i t y C e n t e r, I n c. d b a L o n g C e n t e r ZONING DISTRICT: P� S P LAND USE CLASSIFICATION: I N S („qND AREA: 15 . S A c r e s LEGAL DESCRIPTION OF SUBJECT PROPERTY: S e c t i o n 7- 2 9-16 , M& B 2 2. 0 1 PARCEL NUMBER: 0 7 � 2 9 � 16 � 0 0 0 0 0 � 2 2 0 � O 10 0 (This information is available from your tax receipt or contact Pinellas Co. Property Appraise�'s Office at 464-3207. If more than one parcel number, attach 8� x 11 inch sheet) DESCRIBE SURROUNDING USES OF PROPERTY: NOrth• Salvation Army East: City Park South• C.S.X. right of way West: Manufacturing VARIANCE(S1 REaUEST: •�� �3 � A varianc� of 83, square feet to permit 131.�'S square feet of attached sign area where a maximum of 48 square feet is currently allowed. .._ _ .._... __ .___ _._.._ ____.._ _._ -, �• '��., .�- CONTINUED ON REVERSE SIDE 0 STANDAitDS PORAP'PRQVAL: A varience aha!! notbe �rented by tho City Cornmission untesa the apalicetion end evide��ce p�eaented clearty support the foilowinfl co�clusio�s: • � 1 There m�e aped� ci�cumstances related to the panicuier phyaicel aurrpundinya, shap� o� topoy�aptdce! con�litiona eppliceble 'to the land or buildinya, end such dreumatenc�s are peculiar to such land or buildinqs �d do nqt epply �ener�ly to t�e 18nd or buiidinga in the epplicebie zonin� district becaua� T h e p r o p o s e d s i g n a g e w i 11 b e located on a building 560 feet away from the right of way and wil not e over bearing because the size of the building facing the right of way Be c er .- west) is approximately 30 feet high and approximately 200 feet long sitting on 15.5 acres. 2) The �trict �pGc.aRio� of tfie provisions of the cade woui� daQrive the epplicar�t of t�e reasonable use of the land or bwld'm�s becau�se If we were • able to receive the additional square footage bonus Th e Long Center would be allowed L08 square feet and would only be requestin� 23.25 square feet. Because of the strict interpretation, we are unable to take , . ._.._._. .___..._..___^_.„.�. _ ._._._._. full advantage of the distance bonus. 3) The variance is not based exclusively upon a de�i�e for econumic or other rnaterial qain b t�e ep Gcent or owner bee8use The attached signage is not an advertisement of a se�vice �or is _ the naming of the aquatic centero.�e which would be of concern to our citizens. This is one way for The Long Center to memoralize the gift of t ese onors. 4) ihe �rentiny of the va�iance will be in hexmony witf� tfie general purpose and intent of the fand developmen4 code and comprehensive plan and wili not be materially injurious to surr4un giny propertes or ott�erwise detri�ner�ta! �Og e public weH�e because Due to the size of the bui ldin st ructure t e attac e s nage would not be obstructive or too large for the structure. I believe the proportion of s i�nage letters to the building and distance from the right of way is very good . THiS SUBMISStON GIVES AN APPLICANT THE OPPORTUNITY TO REQUEST THE VARIANCE AND APPEAR BEFORE THE CIYY COMMISSION AT A PUBLlC HE/ARING. FEES PAID ARE NON-REFUNDABLE REGARDLESS OF BOARD ACTION. BY SIGNING THIS DOCUMENT I AM ACKNOWLEDGING THAT ALL FEES PAID DO NOT GUARANTEE APPR01lAL OF THIS APPLICATION. . . - �,�,� SlGiliAiURE �F PROPERTY OW111ER IOR REPRESFMATtVE7. , Sworn to �nd subscribed before me this ��� _ dsy of by Notary � / f c�,a. �.�., ..,�y�. at �`��� S� �`' �' / � A.D., , who is personally known to me end/or 19�_ has produced es identification. STATE OF FLORIDA, COUNTY OF P1 c1 Z � 1 q.S Comrnission No. . rNING NOTAAY PUBLIC, STATE OF =LO�IDA MY COMM. EXP. 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Y"s: , ��iT ;i' ��':�;r", ' . . � . :. . . . . � -'��! �• � _ r ` I ti.' ..r. . ?. i� , • . .. • • � . . . , � � " . , �ry•�,;•r' . .i�: ',. . • : , ' � . . - . . . , ' � i I " � t�i. - • .. ' � , _ � t : ` •s � �` � •`�,., J , ' �:'w . . • \. ' I . � , . • ' . . ` . , � . l ��''� �< � .L"t . . ' � ' . . _ . ., . . .. . ' ,�' :•� — � -�� -~ i. S �'�' • � � . � .. � ' . � � , - � .. . .. � . ' . . , � �,;t:.. :1.'� `,' . ' � . _ � , . . ' .y , , 'r� .�• _•�. ^•� , .. „ . . . . ._ � . r'1 ' r- . � ... . _ . 4•��_. . . . . . . . . . . . 1 _ �J�. . . . .. .�-�r.�,�r�-s� . .. ,. ,., _: . . , . ... t� �. . �.�., .�. _ S �`� ,�I, t � ` �� � 9,��=- �`p� � Clearwater City Comrnission Agenda Cover Mernorandum Item # Meeting Oate: �rE --- �3 � '�. �t � SUBJECT: Petition for Annexation and Zoning Atlas Amendrnent for a wacant �property on the east side of Landmark Drive, Owner: City of Clearwater (A 95-29) RECOMMENDATI ON/MOTION: Approve the Petition for Annexatian and Zoning Atlas Amendmentto Single-Family Residentiai "Six" tRS- 6) for Section 33-28-16, M& B 22/011 1, and pass Ordinances No. 5974-96 and 5975-96 on first reading. ❑ and that the appropriate officiats be authorized to execute same. SUMMARY: ► This is a Cifiy initiated annexation for vacant land which is located on the east side of Landmark Drive. The property has been purchased by the City for use as a retention pond required as part of the improvements to Landmark Drive. ► The proposed annexation will not involve any land use plan reclassification/change. ► It is proposed to assign the same zoning of Single-Farnily Residential "Six" (RS-6> in keeping with Che single family use of the properties to the west. A retention pond is a uti)_ityfacility whichx is a conditional use within the proposed zoning district. As soon as the preliminary design for the retention pond is completed, an appfication for conditionai use for utifity facifities wili be rnade. �i � ► The Planning and Zoning Board held a public hearing on this application on February 20, 1996, unanimously endorsing the proposed Annexation and Zoning Atlas Amendment to Single-Farnily Residential "Six" tRS-6) to the City Commission. ► Pertinent information concerning the request is surnrnarized in the tables on pages 2 and 3. Reviewed by: OriginatiRq Dept: Costs: S N/A Commission Action: Legal N/A CENTRAL PERMITTING Tatel ❑ Approved Budget N/A ❑ Approved w/conditions Purchasing NIA $ ❑ Denied CISk Mgmt. N�A User Dept• Current Fiscal Yr. ❑ � Continued to: ACM �tsxfing Source; ❑ Capital Imp. Advertised: � Operating Attachments: Date: 1/23/96 & 2/1/96 L1 Other ORDINANCES N0. 5974-96 & tic� Peper: TAMPA TRIBUNE 5975-96 ❑ Not Required LOCATION MAP Sut�itted by:�• �.? Affected Parties ���rqation Code: APPLICATION City Mana�� � � ' � Notified �� C.'�"�.- `� � Not Requi red � None R� Printed on recycled paper A 95-29 Page 2 PROPOSED ZONING AND FUTURE LAND USE PROPOSED ZONING DISTRICT Single-Family Residential "Si�c" (RS-6) PROPOSED FUTURE LAND USE Not Applicable CLASSIFICATION ASSESSED VALUE OF SUBJECT PROPERTY S 66, 900.00 EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S Af';ID SURROUNDING PROPERTIES LOCATION IN CITY FUTURE LAND USE OR PLAN CATEGORY ZONING ACTUAL USE COUNTY Subject County Residential Low A-E Vacant Property North City Residential/Office O L Vacant General South County Residential Low A-E Vacant East County Residential Low A-E Vacant West City Residentiai Low RS-6 Single-Farnily Residential ZONING RESTRICTIONS OTHER REaUIRED REViEWS AGENCY YES NO Pinellas Planning Council/Countywide Planning Authority X Florida Department of Community Affairs X ;k � ' ABBREVIATIQNS: A-E RS-6 OL u.p.a. a9529.cc _, � - .. .. .. Agricultural Estate Residentia{ (County) Single-Family Residential "Six" (City) Limited Office (City) Residential units per acre A 95-29 Page 3 � � ► 1 ►: ► \ � • — --- ' . AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF LANDMARK DRIVE SOUTH OF ENTERPRISE ROAD EAST, CONSISTING OF M&B 2?J0111, WHICH IS VACANT PROPERTY, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owne� of the real property described herein and depicted on the rnap attached hereto as Exhibit A has petitioned the City of Ciearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with aN applicable requirements ofi Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The foltowing-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See Exhibit B attached. (A95-29) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public which have heretofore been made by plat, deed or user within the annexed praperty. The City Engineer, the City Clerk and the Central Permitting Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3• This ordinance shall take effect irnmediately upon adoptiAn. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL REAI�ING AND ADOPTED Approved as to forrn and I�gal sufficiency: _.,� .( _. Leslie K, Dougall-Sid�� Asst. City Attorney Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk Ordtnance No,597A•96 ��i_� ►:► �►� •• • �• AN ORDINANCE OF THE CITY OF CLEARWATER, F�ORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAfN REAL PROPERTY LOCATED ON THE EAST SIDE OF LANDMARK DRIVE �OUTH OF ENTERPRISE ROAD EAST, CONS1STiNG OF M&B 22/0111, WHICH IS VACANT PROPERTY, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS SINGLE-FAMILY RESIDENTIAL 6(RS-6); PROVIDING AN EFFECTlVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper arxl appropriate, and is consistent with the City's comprehensive plan; now, thprefore, BE IT ORDAINED 8Y THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: �.ection 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clean�vater, and the zoning atlas of the City is amended, as follows; ' � �j �► See Exhibit A attached (A95-29) •1 1� � 1�! RS-6 - Single-Family Residential 6 Se__ ct'�n.�,. The Central Permitting Director is directed to revise the ioning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the adoption of Ordinance No.5974-96. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to forrn and leqal sufficier�ev: 0 Leslie Dougal Assistant City � Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinaao• lfo. 5975-96 LEGAL DESCRIPTION ...� �. - The North 160 feet of the West 330 feet of the following desccibed tract: Begin at the Southwest comer of said Northwest 1/4 of the Narthwest 1/4 of Section 33, Township ; 28 South, Range 16 East, the same being the Narthwest comer of Shady Oak Farrns, as shown ' on the plat recorded in Plat Book 80, Pages 95 and 96 of the public records of Pineiias County, Florida; thence run North 00°01'46" East, 669.19 feet along the West boundary line of said Northwest 1/4; thence South 89°30'48" East, 625.02 feet; thence South 00°01'46" West, 665.47 feet; thence North 89°51'15" West, 625.00 feet along the South boundary line of said Northwest 1I4 of the Northwest 1/4, same being the North boundary line of said Shady Oak Farms, to the Point of Beginning. f Less and except the North 10 feet of the East 10 feet thereof. EXHIBIT A Ordinance No,597,s'96 ETl TERPF�SE Rt�AD + a�urw�Tat 2�/r �- •-_� j r,, ' 1 `. - - •�, y�.� w .' 'Cc �i.: � :. , � :.� - �' ' �Y .� - � %}�'�_y�'•'S.' �r.,.i�, ,, '�rft'^= ���� -yy. . t. , .T � : .' • . � r. ��• . _ �`'� .•�r• . ' l � �'-�r•� • � r � • • r� ~� l:.. �, ..1 'f,��.r ti��. ' • �Z..t�. '� ' -�5�` ''.•f`' ' '' • �. - �' • :,,.t�%.� t �__� . ,7�„ �.�r~'L• „_ _�t{ ��,: : ' ��. . � � ��.'�,-� �_ �:�-�: -��_ � �r. y �,;�r�= �-x-;�; --.�-.� -N- . . . a. � � �G: � �� • �' ..� • J.• .�,� ' � •4 �t•�= • ,• r , �� } Z' _ • �._` , � : �' ,r! ♦ . ,-,; si-- :` .��r �_ :, �x�^ � _ . - .N• ` : : �� . � . ' : j'`�''.• _�. ' •:.:� :. 4 _ �.. . . . . l. � • . �� ����� , . �..'wi',�.•- � :.i ' � , ` �� _ . y ,. j �'.'�� ��,T •'�~ y • . � � • � . �. , _-: . �r -,!iL�' � .• '•'y • :I .1 .� r. ar.�s � a 1-rt' _ �'�91�y - �. ��� � . '�••�- r�! - , •t'7� 'T• - � Y. •�' � ' -y � ,�� . .�`` . PROPOSED Atl�E1�EX/�T'ICJIU LAIVD C1SE PLAN CLASSiFiCI�TI�N AtV� ZO�11tVG OWNER: City of Clearwater ADDRESS: LAND U,�E PLAN COUNTY: Residential Low CITY: Residentiai Low ATLAS PAGE: 234A PI�NMING AND ZONlNG BOARD ZQ.,NIN�C A-E RS 6 �: �.:z 9 'i•' ii1 � . . � : : � RiGHT-of-WAY: ��� _ '. i".- -�� � ' • _ r .- . � _ . � - _ - �:, - r. ' •r1.!'r . � t �►.. . . . �^�� � �.! . �l�- . . .:_s' _ -� ':4' _ ACRES: 1.21 ACRES: SEC: 33 71A/P: 28 S RGE: 1 o E CITY COMMISSION�� PETITiON FOR 7\NNEX2ITZON City Commission City of Clearwater P.�. Box 4748 Clearwater, Florida commissioners: We, the undersigned, beir.g all owners of the described real property, contiguous to the present boundaries of the City of Clearwater, and situated in an unincorporated area of Pinellas County, Florida, do hereby request that said property be annexed i.nto the corporate limits of the City of Clearwater, Florida. We hezeby further request that said property be zoned and classified under the Zoning Ordinance of the City of Clearwater, as set forth on the following page. Attached hereto is a current survey of the described property, (if it is unplatted), together with a certificate of tit],e from a title company, a copy of the deed oz a lettez fzom a li.censed attorney setting forth the names of all persons, f irms or corporations owning any interest in the described property. The undersigned have been advised of, understand and in consideration of annexation, utility services, and other good and valuable consideration, do hereby agree and cov�nant as follows: 1. all structures and improvements w?�ich are erected upon said property subsequent to the date of this petition for annexation shall comply with all applicable City of Cl.earwater regulations and ordinances as set forth in the City Code af Ordinances; 2. to convey such recreatian land, recreation facilities and open space land dedication and/or fees in the amount and manner prescribed by Division 2 and 3, Chapter 11.6, Article IV of the Clearwater Code of Ozdinances; and 3. when any substandard abutting street or utilities are subsequently upgraded by the City to meet Ci�y Standards, said improvement will be done on an assessment .basis, consistent with City procedures therefore. We, the undersi.gned hereby c�rtify that we have read and examined all of the statements and allegations in the fozegoing P�tition including attachments and after being duly sworn, deposed and say that such sta ments are correct, complete and true and voluntarily made with full kno of . '`� ►�0 Y L 2 i995� C �' O C�EEiqRMIT`i'�NG STATE OF F ATER' COUNTY OF PINELI,AS ; El�c,t.c. i ard J. Bai r r f`iit,�, Fnainee� Subscribed and sworn to before me this °; �stday of ��y,�,,�c..(,�i , 199;:? 1•ty Commission Expires: c , . . d z- -� b- � The paperwork for Ifiem #12 moved to 3i21 /96 pack 1� �3 g Al�� ��I, � �_ :..- -�'q� E� 4,�� , �'� Clearwater City Commission G,..- � `� Agenda Cover Memoranduln � Jtem � Meeting bote: ,� ' r--l.c1 � SUBJECT: Petition for Annexation and Zoning Atlas Arnendment for 1501 Stevensons Drive; Owners: James l. Waters & Zonaid E. Waters ( A 96-05) R ECO M M EN DAT14 N ilVt OTI O N: Approve the Petition for Annexation and Zoning Atlas Amendment to Single-Family Residential "Eight" (RS-8) for Lot 5, Block D, Stevensons Heights, and pass Ordinances No. 5985-96 and 5986-96 on first reading. ❑ and that the appropriate officials be auChorized to execute same. SUMMARY: PROPOSED ZOIVING AND �UTURE LANiD USE PROPOSED �ONING DISTRICT Singfe-Famiiy Residential "Eight" tRS-8> PROPOSED FUTURE LAND USE Not Applicable CLASStFICATION REASON FOR 1�EQUEST ► Garbage pick up services ASSESSED VALUE OF SUBJECT PROPERTY . .. :.� �� Reviewed by: Originating Dept: Costs: t N/A Caimission Action: Legat N/A CENTRAL ITTING Total ❑ Approved eudget N/A 0 Approved w/conditions Purchasing N/A $ Risk Mgmt. N/A Current Fiscal Yr. 0 Denied CIS N/A Uscr Dept; 0 Continued to: ACM F�ding Source: ❑ Capital Imp. Advertised: � Operating Attachments: Date: 2/10/96 � Other ORDINANCES N0, 5985-96 & , �; Paper: TAMPA TRIBUNE 5986-96 �'� ❑ Not Required LOCATION MAP � AffecYed Parties APPLICATION S�itted by: ( Appropriation Code: Ci ty Manage� �`- 1/�� � � Not i f i ed ❑ None � �''t �-- C 1 No t Req u i re d � �.J Printed on recycted paper A 96-06 Page 2 EXISTIIVG ZONiNG AND FUTURE LAND USE OF APPLICANT'S AND SURROUNDING RROPERTIES LOCATION IN CITY FUTURE LAND USE ZONING OR PLAN CATEGORY ACTUAL USE COUNTY Subject County Residential Low R-3 Single-family Property residential North County Residential Low R-3 Single-family residential South County Commercial General C-2 Commercial facility East City Commercial General CG Commercial facility West County Residential Low R-3 Single-family residential ZONING RESTRICTIONS ► The Planning and Zoning Board held a public hearing on this application on February 20, 1996 after which they unanimously endorsed the proposed Annexation and Zoning Atlas Arnendmer�t to Single-Family Residential "Eight" (RS-8) to the City Commission. OTHER REaUtRED REVIEWS AGENCY YES NO Pinellas Planning Council/Countywide Planning Authority X Florida Department of Community Affairs X ABBREVIATIONS: R-3 C-2 CG RS-8 .. u.p.a. a9605.cc Single-Family Residential (County) General Retail Commercial & Limited Services (County) General Commercial (City) Single-Family Residential "Eight" (City� Residential units per acre PETITION FOR ANNEXATION City Commission City of C1aarWater P.Q. �ox 4748 Clea;rwater, Florida commissioners: We, the undersigned, being all owners of the described real property, contiquous to the present boundaries of the City of Clearwa�er, and situated in an unincorporated area o! Pinellas County, Florida, do hereby request that said property be annexed into the corporate limits of the City of Clearwater, Florida. We hereby fur�her request that said property be zoned and classified under the Zoning Ordinance of the City of Clearwater, as set forth on the following page. Attached hereto is a current survey of the described property, (if it is unplatted), together with a certificate oP title from a title company, a copy of the deed or a letter from a licensed attorney settfng forth the names of all persons, firms or corpora�ions owning any interest in the described property. The undersigned have been advised of, understand and in consideration of annexation, utility services, and other good and valuable consideration, do hereby agree and covenant as follows: 1. all structures and improve�eents which are erected upon said property subsequent to the date of this petition for annexation shall comply with all applicable City of Clearwater regulations and ordinances as s:t ferth in the City Code of Ordinances; 2. to convey such recreation land, recreation facilities and open space land dedication and/or fees in the amount and manner prescribed by Division 2 and 3, Chapter 116, Article IV of the Clearwater Code of Ordinances; and 3. when any substandard abutting street or utilities are subsequently upgraded by the City to meeG City Standards, sai.d improvement will be done on an assessment basis, consistent with City procedures therefore. We, the undersigned hereby certify that we have read and examined all of the statements and allegations in the foregoing Petition including attachments and after being duly sworn, deposed and say that such statements are correct, aomplete and true and voluntarily made with full knowledge thereof. n (/LJ'�7 ""3 � STATE OF FLORIQA ) - COUNTY OF PINELL�IS ) �....:��, ��-n,. . �' r,,-�n *a t�efor.c �e "his . �C.� ,���� of � �i.� ►�► ►� '� '� AN ORDINANCE OF THE CITY OF CLEARWATER, FLORlDA, ANNEXING CERTAIN REAL PROPERTY L�CATED AT THE NW CORNER OF THE INTERSECTION OF STEVENSONS DRIVE AND NORTH BETTY LANE, CONSISTiNG OF LOT 5, BLOCK D, STEVENSON� HEIGHTS, WHOSE POST OFFICE ADDRESS IS 1501 STEVENSONS DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY L{NES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the reai property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Ciearwater to annex the property into the City pursuant to Section 171.044, Fiorida Statutes, and the City has complied with all appiicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CfTY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby.annexed into the City of Clearwater and the boundary lines of the City are redefined accordingty: Lot 5, Block D, Stevensons Heights, according to ihe plat recorded in O.R. Book 34, Page 13, of the official records of Pinellas County, Florida. (A96-05) Sec ion 2. The provisions of this ordinance are found and detennined to be consistent with the City of Clearwater Comprehensive Plan, The City Commission he�eby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Centra{ Permitting Director are directed to include and show the property described herein upon the official maps and records of the Gity. Section 3. This ordinance shall take effect immediately upon adoption. The City Cterk sha11 file certified copies of this ordinance, including the map attached hereto, with the Clerfc of the Circuit Court and with the County Administrator of Pinellas County, Florida, within T days after adoption, and shall file a certified copy with the Fiorida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: �. ,� � . . .� . ,:, _ . � Leslie K. Dougall-Side Assistant City Attorn Rita Garvey, Mayo�-Cornmissioner Attest: Cynthia E. Goudeau City Clerk O�dlnanco No.5985-96 •►� ►:► ►• •S. •. AN ORDINANCE OF THE CITY OF CLEARWA?ER, FLORIDA, AMENDING THE ZONING ATlJ1S OF THE CITY 6Y ZONING CERTAIN REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF STEVENSONS DRlVE AND NORTH BETTY LANE, CONSISTING OF LOT 5, BLOCK D, STEVENSONS HEIGHTS, WHOSE POST OFFtCE ADDRESS IS 1501 STEVENSONS DRIVE, UPON ANNExAT10N INTO THE CITY OF CLEARWATER, AS SINGIE-FAMILY RES�DENTIAL 8 (RS-8); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district ciassification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FL�RIDA: Sectionl. The following described property tocated in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: ' �!-t� �■ l� � 1�1 Lot 5, Block D, Stevensons Heights, according Single-Family Residential 8- RS-8 to the plat recorded in O. R. Book 34, Page 13, of the official records of Pinellas County, Florida. (A96-05} yection 2. The Centra! Perrnitting Director is directed to revise the zoning atfas of the City in accordance with the foregoing amendment. �c io�. This ordinance shall take effect irnmediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 5985-96., PASSED ON FIRSi READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and lega�t su�ciency: , � ' � �� - - � . Leslie K. Dougall-Sides Assistant City Attorney � Rita Garvey May�r-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordlnance No. 5986•96 I � � � � � � lg 1� I � � Y� �J � i I � � I OWNER: ADDRESS: COUNTY: CiTY: crr o,++En Nq.T YOUR1 CLT17fF Dd.151S-60 13/02 sw� 1Zd! �3/03 r� CURTI F1 fNnA�AFNTA James L. Waters, Tr. 1501 Steveson Dr ZONING R-3 RS 8 ATLAS PAGE: 2698 PLANNING AND ZON{NG B4ARI3 � � PRt�P�SED ANNE�ATI�N AN@ ZONlN�G A: 9�-05 PRQPERTY DESCRIPTfON: Lot 5, Blk D� Stevensons Heights � � r . .Z �� r ' � �e i i . N � � ' rR i 60 t : � ��,, , o � ACRES; 0.23 RIGHT-of-WAY: ACAES: SEC: 10 TWP; 29 S RG�: 15 E CfTY COMMISS101V ■; .� _ » � � ` �1 -�. f �" ` � 0 .50-9b b ■ ;� 0 SE,AI�►+� I t em # ,,.I, �, Meeting Date: .r q Clearwater City Cornmission 9 -"` � -���E�,o Agenda Cover Me�orandum :3 . r7 . � � SUQJECT: Petition for Annexation and Zoning Atlas Amendment for 1301 Woodbine Street; Owner: James L. Waters ( A 96-081 RECOMMENDATION/�'VI OTI ON: Approve the Petition for Annexation and Zoning Atlas Arnendment to Single-Family Residential "Eight" (RS-8) for Lot 9, Bfock C, Pine Ridge Subdivision, and pass Ordinances No. 5987-96 and 5988-96 on first reading. ❑ end that the appropriate officiats be authorized to execute sarne. SUMMARY: PROPOSED ZONING AND FUTURE LAND USE PROPOSED ZONING DISTRICT Single-Family Residential "Eight" (RS-8) PROPOSED FUTURE LAND USE Not Applicable CLASSIFICATION REASON FOR REQUEST ► Garbage pick up service ASSESSED VALUE OF SUBJECT PROPERI'Y $ 31, 600.00 Revieued by: Originating Dept: Costs: S N/A Cc�nmission Aetion: Legal N/A CENTRAL P MITTING Total ❑ Approved Budget N/A ❑ Approved w/conditions Purchasing N/A $ ❑ Denied CISk Mgmt. NiA User Dept• Current Fiscal Yr. ❑ Continued to: ACM F�nding Source: ❑ Capital Imp. Advertised: � Operating /►ttachments: � Date: 2/10/96 � Other ORDINANCES N0.5987-96 & ,'�.�:1 Paper: TAMPA TRIBUNE 5988-96 � Not Required LOCATION MAP Sutmitted by:• ; Affected Parties APPLICA7ION City Menager �� ��{� D Notified Appropriation Code: � � ' �� Not Required None ! �� Printed on recycted paper � ' • i: - .� EXiSTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND SURROUNDING PROPERTIES LOCATION IN CITY FUTURE LAND USE ZONING OR P�AN CATEGORY ACTUA� USE COUNTY � Subject County Residential Low R-3 Single-family residential Property North City Residential Urban RS-8 Single-family residential South City Cornmercial General CG Commercial faciiity East � County Residential Low F�-3 Single-family residential West County Residential Low R-3 Single-family residential Z�NING RESTRICTIONS ► The Planning and Zoning Board held a public hearing on this application on February 20, 1996 after which they unanimously endorsed the proposed Annexation and Zoning Atlas Arnendrnent to Single-Family Residential "Eight" (RS-8� to the City Commission. OTHER REaUtRED REVIEVIJS AGENCY YES NO Pinellas Planning Counci!/Countywide Planning Authority x Florida Department of Community Affairs x ABBREVIATIONS: R-3 Single-Family Residential (Countyl CG General Comrnercial (City) RS-8 Single-Family Residential "Eight" (City) u.p.a. Residential units per acre a9608.cc PETiTIC1N FOR }1NNEX3IT=ON City Commission City af Clearwater P.O. Box 4748 Clearwater, Florida Commissianers: we, the undersigned, being alJ: owners of the described real property, contiguous to the present boundaries of the City of Clearwatex, and situated in art unircorporated area of Pi»ellas County, Florida, d� hereby request that said property be annexed into the corporate limi�s of the City of Clearwater, Flarida. We hereby further zequest that said property be zone,d and classified under the Zoning ordinance ot the City ot Clearwater, as set iorth on the following page. Attached hereto is a current survey of the described pzoperty, (if it is unplatted), together with a certificate of title from a title company, a copy of the deed or a letter fram a licensed attorney setting fozth the names of all persons, firms or corporations owning any interest in the described property. The undersigned have been advised af, u�derstand and in considezation of annexation, utility services, and other good and valuable consideration, do hereby agree and covenant as follows: 1. all structures and improvements which are erected upon said property subsequent to the date of this petition for aanexation shall comply with all applicable City of Clearwater regulations and ordinances as set forth i» �he City Code of Ordinances; 2. to convey such recreation land, recreation facilities and open space land dedication andjor fees in the amount and manner prescribed by Division 2 and �, Chapter 116, Article IV of the Clearwater Cade of Ordinances; and 3. when any substandard abutting street or utilities are subsequently upgraded by the City to meet City Standards, said improvement will be done on an assessmen� basis, consistent with City pracedures therefore. We, the undersiqned hereby certify that we have read and examined all of the statements and allegations i� the foreg�ing Petition ihcluding attachments and after being duly sworn, deposed and say tha� snch statements are correct, complete a d true and voluntarily made with full knowle ������L���� ��'� i � �� Jc 1 , ��� G 7 � �.— r ri '� .. . ^r � � �.� � � � � .:: . .t� C''NI'a.4� p�r`� G�rY ��- ,, _ �• t.,;�.�..T�^,^, r t.��;.';;t;r�... STATE OF FLOZFIDXk=— = �'► CQUNTY OF PItiF.LI,i�S ) :iU��r..ribnri �lilf� !":±!}!";: ''n :`nfn� n �-n �._• � ,. _ , . � , .__--- r � ; i i � 3 : a i c � i � \�J►1��►i ► \ � � � �• AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER 4F THE INTERSECTION OF NORTH BETTY IANC AND WOODBINE STREET, CONSISTING OF LOT 9, BLOCK C, PINE RIDGE SUBDIVfSION, WHOSE R4ST OFFICE ADORESS IS 1301 W40DBINE STREET, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVlDING AN EFFECTIVE DATE, WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clean�vater to annex the propetty into the Gity pursuant to Section 171.Q44, Flonda Statutes, and the City has cornplied with all applicable requirernents of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CI.EARWATER, FLORIDA: �. ion 1, The followi�g-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 9, B1ock C, Pine Ridge Subdivision, according to plat the�eof as recorded in Plat Book 28, Page 98, of the public records of Pinellas County, Florida. (A96-08) ion 2. The provisions of this ordinance are found and deterrnined to be consistent with the City of Clearwater Comprehensive Plan. The City Cornmission hereby acoepts the dedication of all easernents, parks, rights-of-way and other dedications to the public which have heretofore been made by plat, deed or user within ihe �nnexed property. The City Engineer, the City Clerk and the Central Permitting Director are directed to include and show the property described herein upon the ofticial maps and records of the City. S�ctio�, This ordinance shall take effect immediately upon adoption. The Cih/ Cle�fc shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pineilas County, Florida, within 7 days afte� adoption, and shall file a certified c�py with th� Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FtNAL READING AN� ADOPTE�D Appfoved as to forrn and legal sufficiency: .� Leslie K. Dougall-Si s Asst. City Attomey , R�ta Garvey Mayor-Cornrnissioner � Attest: Cynthia E. Goudeau, City Clerk Ordlnance No, 5981-96 •J ° FAIRMONT ----- �-- STREET___ . _ � _ .-------,-- 9 8 7 6 5 4 3 2 1 �625 o( � � �i ,sso : �p � � q m ,,, � � � t� � N � 60 h .. � w �'y h " . � i � .. .. `' '°j � 7 i 6 5 4 3+ Z w� 1 1 J � cx�� o�t ' A � � � N � t f6'� � 210 11 12 �3 1 15 16 � 18 �� 1b � s�J 4 3 2 �" 16 � p` � � h�' o � 6 � ^ � � � 16J9 w � q ^ �„ A ^ ! ' � ��'� v 10 f�sS � 2 � 5 � � � STREET � � ��� 5 tat � . � �g�� �a� ,s1s ti �, ` '' C R � q : 9 � '$ O� � i'j p q q q C� i �f l� � ^ h � w w w :: �.5 �g1� Z'j �1 ��+0 1'�l i� 161s w� � 7 � i � 'yJ, �� �'� � �soe 9 � 8 � � 5 5 3 � � i t i � � s�gae � � ,�, a i " g � ( � � ` S 6� � ^ ^ �t 0 16 ' � »-- �� 5 12 �� o>> „ 12 ^ t3 14 15 � 17 �8 J i A � /6 '''I � o� o N � b N �' 1� �` �691 � f6uJ�� � n � � 1�� 1 � � h 3 v°�i i� ' = �-' 181�96 7 10 p 11 0 � i a — _ � <, �ko„ , 9 9..� � a� D vd000eiN� 1 s�st�t . I �6 8 � �p p �oO Q�11 9 ; °? � � M N N � q � : � Y!� i� � w � 1 w w w q e�j � �� � � � � � �c,2 �6 .�C� � 9 8 7 6 5 4 < 3 � � i 1 " + G N � e � ' .. � .. . 1 3 � '� �523 �6�� 2 w �SOt C ; 1 � � , � . ' D z t1 12 � t; '� t5 �5 , �7 ; �'E ;' � ��•� � �'' � g ,o 22 �6 ,e o 5 ° ��� 4, � � � � � � � h � ( q i r . �5 � b �r' � ' � : \ Vi w 23 ° St'RINGOALE SIREET , m � y�� 0 f 12?' ��O �Q+ w q�. � � � ,� v�. � 24 , ,4j� p � i+.2s ' .�„ �; •�• `°�` � •�• w . ' ; .��. � �. " � 9 � 8 7 6 5 4 3 25 ��2s � �� � � ` I zs z� :,�7 � � �«,►� J�---�- � lll3 � � I.EAR ATER � i .S / �� ,�,0 �; ; ; � ,3 14 15 > >' t8 0�6 i"� 12/QT { 1109 � I o w � � � ° q � ' � � � 2�04 1107 q � i� � i i °; M M � q �°.: � w o. °` w w w w � � �sa� � � ( L.s za � OVERLEA STREET i � .. l`7 �f! � 0 w .�. � N � bq.� �r � 1 f'� I �11Q- ��� � .�. w � .�. � .% I `� � ' � �� � I " i f I I ? I R � , r �� �' 4 { 3 I.�. 1( � � � � a�. � PROPOSED �iV1VEXATl�t11 LAND I�SE PL�1N CLASSIFICAiION AND ZOtVING OWNER: James Lee Waters A: �5-0� ADDRESS: 1301 Woadbine Street Clearwater, Fl. 34615 PROPERTY DESCRIPTION: Lot 9, Block "C", Pine Ridge Subdivision according to P{at thereof as recorded in Plat Book 28, Page 98, of the Public Records of Pinellas County, Florida. ZONING COUNTY: R-3 CITY: RS8 ACRES: 0.19 RIGHT-of-WAY: ACRES: ATLAS PAGE: 2698 SEC: 10 TWP: 29 S RGE: 15 E PLANNING AND ZONING BC?ARD CITY COMMISSIOfV EXHIE3IT A w •a � ►:I► ►• •:: •. AN ORDINANCE OF THE CIiY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER 4F THE INTERSECTION OF NORTH BETTY LANE AND WOODBINE STREET, Ct�NSISTING OF LOT 9, BLOCK C, PINE RIDGE SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1301 WOODBINE STREET, UP4N ANNEXATION INT4 THE CITY OF �LEARWATER, AS SINGLE-FAMILY RESIDENTIAL 8 (RS- 8); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assig�ment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with th� City's comprehensive plan; now� therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: �ion 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Ciearwater, and the zoning atlas of the City is amended, as follows: . • �; I t Lot 9, Block C, Pine Ridge Subdivision, according to plat thereof as recorded in Plat Book 28, Page 98, of the public records of Pinellas County, Florida. (A96-08) •� �! � �h Single-Family Residential 8 (RS-8) Section 2. The Central Permitting Director is directed to revise the zoning atias of the Cit�r in accordance with the foregoing amendment. �ion 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 5987-96., PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and lega� ufficiency: � � Leslie K. Dougall•Side Assistant City Attomey Rita Garvey Mayor-Commissione� Attest: Cynthia E. Goudeau City Clerk Ordinanc• Ro. 5988-96 -.�- o--- .___._FAIFt1.10NT�--.__�_---__ --- -STR�EY'-- -- -- -- r-----`-r— 9 8« 7 6 5� 4 3 2 1 � r62s �( o� n � � � isso ^. .� w i � � � � � � � .. � � �i 6 5 4 3 Z �� � _ .J � cx.,�,� o�, A -..� � 2 : �� ��0 � 10 11 12 t3 1 15 16 � �g � t6 1 I � � 3� 2� � � > 16 � ; l619 � � � � � ° I � �6 t�' C tts6 � � � � � � + w ' ^ �b 10 15 � $ a STREET � F ��� 5 -� 2 �e � _ � � � 14�1 9 1df l615 '" � S o I � ��D` n ti �i °� p I i ( 6 _ w .. "' w w w " O I ( 1rJ 1 l �� l61$ � �� I �a o � �6�1 ',�'�•� �r �soe 9 � 8 � 6 5 5 3 � � } � � � 16 � 7 .� 4 t 8 ��e� , � t 0:�+ t t^ i 2 fi } 3 � 16 ,. � + '',A 5 12 �� � _ 14 15 � 17 � 8 ; H ♦ � o ' � � �: w. ' •� 17 A � ,691 � � �s i6o� � ° tl � o �, � q n � �+ � ! ; 18�69a 7 10 11 0 �� 8 ` 1 \t ` O11 + � � a W!�ODBINE ' $�2� � 19 9 � ..,. �6 8 e 9.��q n .. �� h� � QRR .. R �-, ... � � q , �� . < Z�`'Z � �6� "p� : 9 8 7 6 5 4 3 � t ' � �j ,SZ` 6� �r t � `.. rsor C . , � ~ �, } , � . I 2t �� fl � tp tt 12 � �3 ''q 15 16 , t7 � ��� �, � 22 �6�e o 5 � °I� 4� � � h � � � � � � ` � �5 � b� � � � � � � 23 o iNGOALE $7REET ti,y� lI?7 ; o q�°' 'O � .. H 61 h � M �''f 24 ,b � � l��S �' r' . � ' - h .` "` �. .� •• w � .. .. 25 1 27 ~ ��is , 8 7 6 5 4 3 ��� �� 2s „» , p ca,►+ .,,� �______�__ 1�f3 i LE�1R �TER � j � .S / ���� �; I; �,3 14 15 1 1' t8 �F I~ � 12/03 � JI090 °� , i�, o'� �. �n m o g I� � 12/04 ���% � w w w� � h � � h � w � 1 � 1..405 � � 1 U�{.F�1 EE� � LS .2s � $ S'TR � O w M �+! � ( Y! � � N N h �T_ O ^ � ( 6� I :�1�� =�' • w ti ( .��. .q. ~ ^ 1 ' � •�. � � � I � i � � ° � R ,� � � � E� . ;'4 ! � i � � � ; , I ;; PRQPOSED �4ilIIVEXATI�1� L/�Ni� U�E PLA�i C�.ASSf�iCATt�l1� AtVD Z�NfNG OWNER: James Lee Wate�s A: .�$ ADDRESS: 1301 Woodbine StrQet Ciearwater, Fl. 34615 PROPER7Y DESCRIPTIpN: Lot 9, Btock "C", Pine Ridge Subdivision according to Piat thereof as recorded in Piat Book 29, Page 98, of the Public Records of Pinellas County, Flo�ida. ZONIN COUNTY: R-3 ClTY: RS8 ACRES: 0.19 RIGHT-of-WAY: �1CRES: ATLAS PAGE: 269B , SEC: 10 TWP: 29 S RGE: 15 E PLA11iN1NG AND ZONING BUARD CITY COMMISSION FEB-26-1996 15�32 FROrt P�AhJNiNG & DEVELOPMENT TO 94626488 P.�� ��t �. � �^. � �. �../� � � � 7 i i i� � � :� S�Lr �. ���� R 9 =' 4` � ��,o Clearwater City Commission Agenda Cover Memorandurn Item # -� Meeting Date: � � T� � 3 � �� � SUB.lECT: Land Development Code amendrnent revising the transfer of developrnent rights requirements. (LDCA 95-23) RECOMMENDATION/MOTION: Approve code amendment revising the transfer ofi development rights requirernents and pass Ordinance No. 5963-96 on first reading. ❑ and that the appropriate officials be authorized to execute same. SUMMARY: Staff has identified the need to revise our transfer of development rights (TDR) regulations and approval procedures to reflect changes resulting frorn: ► The elimination of receipt and referral for most site plans and plats; ► The overall City goal of reducing the cornplexity of regulations; and ► The focus, citywide and statewide, on reducing urban sprawl and prornoting infill development. The attached ordinance simp{ifies our review procedures while still leaving the decision to grant a TDR with the City Gommission. It also clarifies the language of the existing TDR section, eliminating confiicting and unnecessary wording, Both the Planning and Zoning Board and Developrnent Code Adjustment Board have unanimously recommended approval of this ordinance. Reviewed by: Originating Dept: Costs: S N1A Camaissio� Action: Legal _„��',�_ CENTRAL PERMITTING Total 0 Approved Budget N/A Purchasing NIA �� g 0 Approved w/conditions Risk Mgmt. N/A User Dept• Current Fiscal Yr. 0 Denied CIS N/A ' ❑ Continued to: ACM Fundi r�q Sourcc= Other N/A � Capital Imp. Advertised: � Operating Attachments: Date: � Other ORDINANCE N0. 5963-96 ��'1 Paper: TAMPA TRIBUNE `, O Not Required Submitted by: /� ,( � Affected Parties 0 None . �. �/' /t ❑ Not i f ied apPropriation Cock: City Manag ���� U ��� l� Not Requi red � �.� Pri►ited on recycled paper � � � � � � • , � • � •. AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, R�.LATING TO TF-�E LAND DBVELOPr2ENT CODE; AMPNDING SECTION 42.06,' CODE OF ORDINANCBS, TO PROVIDE FOR REVISED RLQUI�tF�1�iEN1s FOR TRANSFERS OF DEVELOP�2P.NT RIGHTS; PRUVIDING AN EFFECTIVE DATE. BB IT ORD.�►IIVF1� BY THE CTI'Y COMM�ISSION OF THE CITY OF CLE�A�RWATER, FLORII�A: 0 Section 1. Section 42.06, Code of Ordinances, is amended to read: Sec. 42.06. Transfer of developmeat rights. (1) Purpose. It is the puxpose of this section to establish a procedur�e and guidelines by wtuch the city commission may authorize the tzansfer of development rights �' e� €e� in a manner that recognizes unique situations and encourages the protection of valuable environmental and open space areas consistent with the public health, sai.xy and welfare. (2) Applicability. This section sh.all apply to prvperties which aze to be developed u'hlizing a transfer of development rights, ' ' ' ' ' . The merit of aay proposed traasfer of development r�ghts as pruvided in tbis section shall be judged by the city commission ' ' ' . Exc�pt as noted above, a request for a transfer of development rigbts in any one or inore of th� following categories sha�ll be subject to the provisions of this section: (a) A transfer of developnieat rights across a public street rigbt-of-way or right-of- way easeanent which is identified on the official cit�r street atlas; (b) A transfer of development rigbts across thc coastal consttuction control line es . . . .. � (c) A tiansfer of development rigbts across a la�ed use plan classification boundary line; (� A traasfer of development rights across a zoaing district boundary line; (e) A transfer of development rights to a noncontiguous parcel under the same ownership ' . . h' KUI'1 •�,: I CL �-Fb�b�1�t� f Gtf. '�, 1'�yb Ll:l �.:�.5 HI`1 !-' � (3) Bligibility. The owner of a property identifed in any one or a combinatio�s of the �ollowing categories, excert on� to be developeci with one sin�le-!'amily dwclling, shall be �:ligible to request a transfer af develapment rights �s fa�JQ� ' ' ' �: � (a) Property in a single location undor one ownership, otherwise cont�guous a�d divided anly by a pub]ic street right-af-way or right-of-way easement; (b} Property in tiivideti only ��-853; (c) C�i a sin�le ldcatin�� under one awnership, otherwyse contiguous and by the coastal constr�lction control line ' ,. Property in a sin�le location under one ownership, otherwisc contiguous and divided anly by a land t�se plan classification bound�ry l�ne; Pmtperty in g single location under ane ownership, atherwise contiguous and div�ded only by a zoning distrlct boundary line; (e) Properties not in a single lacatioi� or c.ontiguous, yet und�r the saine pwnership; , . . . . . ! (4) Procedttt�. Any proposed transfer of develapment rights as identified in subsectivn t 2) shalt be processed �llow� , . .: � a OnY Ihe cit commissi�n ma authorize the transfer of develp m�nt ri hts a� . () Y y Y � B . . . . ` ' ' ' consistent with ���,L*ui�elin�,�,es o_f ` tYi� sect�or� ' . . . � eeeEie�. , � ': ' : :i► .' : :: ::. : . . . . _. _ • � � Y • r ♦ .. � w i • � i•. ► � i •� i i i � ' � (�e) Upon roceiving a request far a transfer af dovelaprnent rights a� ' a�y . , . . ' ' ' , the city commission may�e .. . . . . � ' �thar��_��xborize with condi�Q�, o__r den�v, the tr$nsfer ' oitsistent with � a�-review guidelinos �!i#ie�-�,� this s�ction �-t�H��3. (��) • , . , � , ' , . Any action by the commissian to approve the requested transPer shall be so noted on the certifie�l site plan_ t�nd bt�i�din�„n�rmit, as a�nlicable. tagether with any c�nditlons of approval. 2 (�e) Any property owner who has had such transfer authorized by the city commission shall record a covenant. uni of title or other app�priate legal instrumeat with the clerk of the circuit court so as to consdtute a public record, seiting forth the details and the conditions of any transfer of development rights. (5} Guidelines for review. In reviewing any request for transfer of development rights, the city commission shall take into account the following: (a) The uaique limitations and conditions characterizing and affecting the p�roperty from which and to which the deveiapment rights are proposed to be tiansferned. Such unique limitadoas and conditions may include but are not limited to characteristics of the pmperty such asi lot size, location, configuration and access; physical characteristics such as topography, soils, vegetative cover, environmental sensitivity, wildlife habitat and water bod.ies; and regulatory measures and restraints as they relate to the characteristics of the property and its ability to be used in a reasonable manner. (b) The ramif cations to the site � as a result of the transfer relative to apen space, building bulk, height and seibacks, as well as related site i.mprovements, such as Parking, recreation and setvice areas. . .. . . . de�e� ' . The city conunission shall evaluate and make a finding of fact as to the extent of departure from any applicable standand that i,s neces.sita�ed by such ttansfer, the acceptability or unacceptability of such departure as it relates to the site � in question and t�e reasons therefor. (c) The public interest and benefit, if any, as stech interest aad benefit n�ay be ��� �ae� by the proposed transfer, Such public interest and benefit may include but is not li.miterl toi pneservation or enhanceinent of significant environmental featu�s, open space, recrea�ional apportunities, community a�ppearance, aesthetics, views, traffic flow or cont�l; beneficial relations� to adjoining uses, specific target neighborhood or redevelopment objectives, resow�ce and energy conservation; and �� requirements for public servioes and utilities. (d) In reviewing a request to transfer development rights across land use plan boundary li.nes, the city commission shall be guided by � policies'''.''.'' -_-' �4�:-� of the comprehensive p , ' �� � protect wetlands and other natural n;sources� fln�mote infill �gvelopmeQt d�iscouraee urban snrawl; and encourage the creative use of open space and developmeat practices to provide visual �lief from urbaa inonoto�ny, The city commission shall not approve any transfer of development rights whe� a fiinding has been made by the commission that such transfer would be detri,men,tal to the public interest based on safety, econormic, environmental, recreational or commwnity a�PPearance considerations, an�d the commission shall not approve any transfer of development rigbts to a noncontiguous praperty 3 rrcui�i • �� + c�• �-,aCO`iGCt r ca. 7. s��o lv...» r+��� r � � i � � 1 � � �rhich ��lan, would astablist� a use thal is not consistent wlth the �,n„�,�cab1� zQn'���, �'st� r�, iGt or land uso (6) �ensitylintensity . - (a� For parcels �eceiving density/intensity transfermrd froin seaward af the caastal constniction control line, the density ar intsnsity of uscs availab�e !'or transrer shall not exceed the maximum allowed on the adjoinin� pr�erty. (b) For other parcels, as ap�mved by the city commission in authorizing the transfcr� cansistent with the density/�ntensity standards of tha applicable zoning districts and comprehensiva land use plan c]assifications. . . _ _. . .,. - - - - :.• . . _; . . : ;.. �: : :: :� -:: ; - : : :-: ;-;._:• �:- -: ;- ;_ i i • :� � � � :♦ � i i � � � • ► � � ii � i �� � i i O j � � � i� i i . i i � i � i i + i � i � i i �. - � 'v ' ► ', i ' i i � � � : Ir i i � i'i �. � i• �i i� �' ► � i � ri i i� i i • S � � i � 'i i i i • i• � �.• ��� ��� t •�.� �• �i ��i•.•� w�� +� � � � �. �: • i � .�' •i �i ii � v • �i i � � � i i � � • i � i � � . i e � � � � • � • � � i ► Y � �I �� • �V �� \ �• �• � �!�\�/�t�•l�\01�� i � � w� i ► i i � • � � � i i ► Y 1�� ��� �� • • � I � �• V � ♦ � • • 1 'I � � � • 1 � \ I • 1 � \ • • � / � • • � 1 ♦ � • � • � • � ► * • • � • • 1 1 1 �'� I I • � ' • �/ � ♦ I • � � I Y • • • • � Y • �� •�� � IY 11 , 1 • Y • � � • '�' • • • ► � � � � � � • 1 � • • 1 • � � � �•��� � • � ♦ � � • ♦ ! � ♦ • � • • ► •� I ••�• �V • �� r• • • I� 1 ► •�•�I •`� • • � ♦ � � = Y • . . � • . \ � • � r \ � w � � ! • � \ � • � 1 • I ♦ r ,�,�. 'I'hc pravisiona of tl�is ordina.nce with the Clty of Cl�arwater Comp�hensive 4 are found and determineci to bc consistent plan. � _. , . ■: �-�i4n 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSF� ON SBCOND AND FINAL RP.ADING AND A,DOPTED Rita Garvey Mayor-Commissioner Apprnved as to form and legal �uffici.ency: — Pamela Alan City At�orney S Attest: Cynthia B. Goudeau City Clerk ��''F�Mt . - ., ' . . , ' .. �� The paperwork for ftem #16 moved to 3i21196 pack 1 �� � S.e e_ h -e��- � �9 � h1AR—�6-1996 16 � 43 FRQhI PLANN I NG & DEVELOPhtEtJT TO ,,� sr� ., �' ���" �na3 . ,� � i .,+` �,;� . ��;�, � �etty ��tuia, Gity Manager C I TY CLER}< P. 01 CITY OF CLEARINATER iO��Y�!'��nt Cotraspond�nv� FRaM: Scatt ShuFord, Central Permitting D�iz�ectoz� �� SLJi;JECT: Nonconformities Code Ameadment Itern 16 Inano� �To. 5970-96) CO��'�$S: IC�thy Rice, De,puty City Manager � 1� C7� Bill Baker, Assistant Clty Manager � � �m .A�Ciw, City ,At�oz�aey Les��e Dougall-S�des, Asst. C�ty A,aonaey Cyndie Goudea�u, City Cleark b.�T�: March 6, �996 �,�ar vu� wo��Cs�ss�vm d�scussZoz� o�a the abovo-z�eferenced code a�oaend�oa�t, � b�av� �ad �a oppo�ty to d�scuss this matoex wi�th tb�e Caty A,uo�naey's o�'�ce. 'xb�e wordiqg saggest�ec� by the �Ia�aiag aad 7o�ag �oa�td, and iu�cluded iva t�ie ordiu�anoe by staff, Iikely has ramifications beyond simply clarifyin�g what p�,i�,� of the pmperty (i.e., buildiags, parking areas and other im�rovements vs. land) are coveted by the nonconfot�mities ordinance. .A,s wxi�tte�q, tb�e oz�di�aance would allow a nonconforming storage shed that was de�tmyed to be reoonstructod in a nonoonformin�g marmer, for e�ua�ple, because tb�e "t�i�g�z�" �vx requizivag co�a�o�m�a�ace as � of "tl�e iuoap�rove�oa�ats bo the properry." Since these improvements would inc�ude the ��c�aci�al structure (in this �xam�Ie, a reside�ace), tbie 50 �6 "u�gge�" would not be reached even though die entire aa�ess sv_sttvctur_e (the shed) was full�r destroyed. Staff has not had a chaace to £u��y co�asxder th�se ramifications, and we would like to c�eview them with the Plan�iw� a�►d �o�g �o�rci prior t4 Commissio�a oor�s�de�rai�om o� the cadv chat�ge. � recomrnend adv�sxn�g tk�� Coxnmission to continue Item �6 {O�rdy�a,n,ce l,Vo, 5970-96) until MaaCck� 2�. ,� 996. Should you bave quest�oms ar comme,nts, please contact m�. SS/db �� RECEIV'�D �:���� 0 � i996 �4'd1r �I�RK i��PT. NONCOM,33 ,.. �. TOTAL P,01 �'�. � _ c �t�a ^ ��I, � a 9q� E ��pQ° �- ^ � Clearwater Ciry Commission � � Agenda Cover Memorandurn Item # Meeting Date: .�� - ri '�� SUBJFCT: Land Development Code Amendment Establishing Zoning Standards for Police Substations. (LDCA 96-01) RECOMMENI3ATION/MOTIC�N: Approve Land Development Code amendment establishing zoning standards for police substations and pass Ordinance No. 5971-96 on first reading. ❑ and that the appropriate officials be authorized to execute same. BacKCROUrvr�: An increasing trend in law enfarcement is to provide community-based policing. Often this requires the establishment of temporary or longer-term police substations in various neighborhoods, The attached ordinance provides a mechanism by which temporary or permanent police substations can be established in any zoning district in the City of Clearwater. The ordinance adds po{ice substations to the definition of "utility facility," establ�shes canditional use perrnit standards for police substatians, and provides for approval of temporary police substations as temporary uses. This ordinance has been reviewed by the Planning and Zoning Board and Development Code Adjustment Board, with unanimous recornmendations for approval by both boards. Reviewed by: Originating Dept: Costs: S N/A Caamissicx� Action: Legal �-> ��� CENTRAL PERMITTING Total C1 Approved Budget N/A � Approved a/conditions Purchasing N/A $ 0 Denied Risk Mgmt. N/A User Dept- Current fiscal Yr. CIS N/A � ❑ Continued to: ACM . � � Funding Source: ❑ Capital Imp. Acfvertised: � Operating Attnchme�nts; Date: � Other aROINANCE N0. 5971-96 �.`` ❑ P Not Requi edBUNE / 1►ffected Parties � None Ct"ty�Manag�� `I � l((, L)( . ❑ Notified APpropriotion Codc: ��� �'�'� / � � Not Requi red i� �.� Printed on recycled paper 4�n�tv�E NQ. 5971-9b AN OR.D�NANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; .AMENDING SECTION 35.11, CODE OF ORDINANCES, TO REVISE THE D�OI� FOR UTTLTTY FACII:,ITIES TO INCLUDE POLICE SUBSTATIONS; AMENDING SECTI�N 41.053, CODE OF ORDINANCES, TO ESTABLISH CONDTTIONAL USE PERMTf SUPPL�EMENTARY STAND�RDS OF APPROVAL FOR UTILITY FACII�ITI�S/POLICE SU�STATION SUBCATEGORY USES; AMENDING SECTION 41.171, MODI�"YING CAP'I'ION TO TABLE OF ADDTTIONAL REQL�EMENTS FOR TEMPORARY USFS TABLE AND C G THAT TEMPORARY PAR��ING LOTS ARE CO1��M:ERCL4L ONLY AND ADDING A CATEGORY AND ESTABI,ISHING REQL:fIREMENTS FOR POLICE SUBSTATIONS AS TEMPORARY USES; PROVIDING AN EFFECTTVE DATE. BE IT ORDAII�TED BY THE CITY COMIVIISSION OF TI� CTTY OF CLEARWATER, FLOR.IDA: �,tion 1. Section 35.11, Code of Ordinances, is amended to read: Sec. 35.11. Definidons. The following words, terms, and phrases, when used in this developme� code, shall l�ave the meanings ascn'bed to them in this section, except where the coniext clearly indicates a different meaning: * * * * * Utility facility means the use of land, improvemenis or facilities thereon by a public or private utility, including but not limited to potable water facilities and pump stations, remote switching stadons, wastewater treat�nent glants and lift stations, �lice substations� electric substations, and power generation facilities. This definition does not include transmission and distn�ution lines, water or sewer mains, backflow preventers, n�ansformers, traffic signal control cabinets, and similar equiprneni not generally considered to be sttucture.s. * * * * * �n,�. Section 41.053, Code of Oniu�ances, is amended to read: Sec. 41.053. S�ppleffientar�r standards by category of use. The standards in this section which apply to the identified category of use sha11 suppiement the generai st.andards of use identified in section 41.052. No conditional use shall bc authorized unless determined to meet aJl of the standards applicable thereto. � * � * � (29.2) Utility facilities rnay be allowod as a corxlitional c�,se in all zoning districts except the limited industrial and public/serni-public disvicts, where they are allowed as a permitted use, subject Go all of the following: (a) The size, scale, �nass, noise generation, emissions generatio�, traffic generation, and appearanc.e of any buildings, stYUCaires, and facilities shall be reasonably compat�ble with surrounding land uses. (b) The use shall be buf�ered frocn adjoining properties in a no,anner consistent with its size, scate, mass, noise generation, emissions generation, trai�ic generation, and appearance to ensure compatibility with surcow�ding uses. At a minunum, tY�e use shail rneet the perimeter landscapin�g requiremeirts of section 42.27(3) for nonresidendal properties, unless tocated in an area where ihe environmenta] characte�istics make such buffering impractical. Police substations may be exempted from these requirements if, in the opinion of the plannin� a.nd zonin� board, comnliance with ti�e requirements is uanecessar5► for com_pah'bilitv with the surruundin.t� uses. (c) The use sball con�ly with all of the general stanclards contained in secdon 41.052. . * * � * � �ectio��. Secdon 41.171, Code of Ordinances, is arnended to read: Sec. 41.053. Tetnporary uses. * * * * * (2) Use types. Temporary uses shall be lirnited to the following: * * � * * U) TemporarY � parking lots. �k� Police substation� (3) Standaxds. The following guidelines shall apply to all allowable Gemporary uses: * * « * * 2 (� The following additional conditions or requirements shall apply for each ��,bl� permitted ternporary us�: Additional Requirements for Temporary Uses Maximum Cumulative Allowable Tirne Period for Each Separate Use (per Site per Calendar year or a��Qlut,� Lime limita��n. as a�nlicabl�) Use Pemutted Districts * * � * * Police substations 12 months All districts � * * * * S�&tis2�4. Tbe provisions of this ordinance are found and determined to be consistent with the City of Clearvvater Comprehensive Plan. ��ction �. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST REA.DING PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Approved as to form and legal sufficiency: ,.,,' J ' ' ' . . , � re.�:�..:.:: '' .,�:.::: ::� �Ll , .. f � . _ Leslie K. Dougall-�ides Assistant City Attorne�+ � Attest: Cynthia E. Goudeau City Clerk � _ � � i ;� ,� � S'El�t�a ��I, � T i � '9,p���- �04 Clearwater City Commission � � � Agenda Cover Memorandum ; Item # Meeting Date: _ ����. SUBJECT: Land Development Code Amendment - Establishing "Research and Technology Production" Use (LDCA 96-02) RECOMMEIVD/�TION/MOTIOIV: Approve Land Development Code amendment establishing "Research and Technology Production" use and pass Ordinance No. 5972-96 on first reading. ❑ and that the appropriate officials be authorized to execute same. BACKGROUND: Staff has identified the need to create a new use, "Research and Technology Production," to perrnit high tech production and assembly uses in commercial zoning classifications subject to conditiona! use permit compatibility review; review of PPC r�les and the Pinellas County code reveal that such uses can be regarded as a type of heavy commercia{ Use. This ordinance is in response to a proposal to relocate an intraocu{ar lens production company to a four acre Commercial Center zoned property, bringing a significant high t�ch rnedica{ research employer to Clearwater; the Planning and Zoning Board approved the required conditional use perrnit to allow this use (6 - 1 vote�, contingent upon Commission adoption of the attached ordinance. With the declining market nationwide for retail and office space, and the desirability to attract high tech operations to our comrnunity, such an amendment should allow and encourage an appropriate wider range of land uses in our cornmercial zoning categories and permit this use in other zoning districts. This ordinance has been reviewed by the Planning and Zoning Board, with a unanirnous recommendation for approval. A ietter of objection is attached. Reviewed by: Originati� Dept= Costs: S N/A Camnission Action: Legal 1.1�.� CENTRAL PERMITTIN�� Total O� qPproved Budget N A Approved a/condiCions Purchasing N/A $ Risk Mgmt, N/A Current Fiscal Yr. � Denied CIS N�A User Dept: ❑ Continued to; ACM F�dirLq 5ource: 0 Capital Imp. ❑ Operating Advertised: Attachments: Date: � Other ORDINANCE N0. 5972-96 '`�' Paper: TAMPA TRIBUNE LETTER ? � O Not Required SudnitCed by: /,l ��' i Affected Parties p�����atian Code= ❑ None City Manager � �� C.. -� o Notified I � Not Required � �.�1 Printed on recycted paper ���� \:� ►� • •� AN ORDINANCE OF THE CTTY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTIONS 35.11, 40.424, 40.434, 40.444, 40.464, 40.474, 40.503, 40.523, AND 41.053, CODE OF ORDINANCES, TO REVISE THE DEFINITION OF MANUFACTURING," TO PROVIDE A DEFINI'Y'ION FOR "RESEARCH AND TECHN�LOGY PRODUCTION USES," AND TO ALLOW RESEARCH AND TECHNOLOGY PRODUCTION USES AS PER1ViIT`I'ED OR CONDI'TIONAL USES IN VARIOUS ZON�II�G DISTRICTS; ESTABLISHING SUPPLEMENTARY CONDITIONAL USE PERMITS STANDARDS; PROVIDING AN EFFECTNE DATE. BE IT ORDAINED BY THE CITY COMNIISSION OF THE CITY OF CLEARWATER, FIARIDA: �ection l. Section 35.11, Code of Ordinances, is amended to read: Sec. 35.11. Definitioas. * * * * * � ��- �.� . • ���� . �.� �.��• .� . ,�.-�. . y �y.,�.- �. ��. � �.� � • �• �' '��• � .����.��-� •.� .�. �- � �,. •t � '�� t� � - - - - :r' • 1 • 1 1 • • 1 ' � 1 � . � .� i � ��� � i 1 � ' 1 � ' � 1 � • 1 1 h " • l 1 1 1 I 1 � � !♦ • ��1 • 1 � # # # �k # i ' ' 1 • 1 t ' 1 • � � � �.1 � • 1 . 11 '.• 1 '1 1 � . 11 �,� _• � 1 � ,. . 1 1 ' 1 � l'. �.• 1 ��. � . . �. .•.�r• •�'. �� •���• .� � .• .���i�.� i� i• . i. •� • .ar..i � �._�. �� �-. ,�� �-. � �. .��. � � �i !���.��•�. �• -•� ��i�� •i• . :. •i i �� ��'�. * * * * * Section 2. Sections 40.424, 40.434, 40,444, 40.464, 40.472, 40.503, and 40.523, Code of Ordinances, are amended to read: Sec. 40.424. �onditional uses. Within general commercial districts, the following uses may be allowed as condidonal uses: * * * * * ; �- - � .�� - �i• •�� . �.� ��� :. * * * * � Sec. 40.434. Candltionfil uses Within infill commercial districts, the following uses may be allowed as condidonal uses: � � * * * * * � 0 ♦�. 1. 1� 11• •:� ��.1 �� 1 � S�C. 40.�. COD(�1tlOII� 11.S�S. Within highway commercial districts, the following uses may be allowed as conditional uses: * * * * * � 1 :�. � .�• ��• ��a � �.� �i :. � Sec. 40.464. Conditional uses. Within commercial center districts, the following uses may be allowed as conditional uses: * * * * * :'. � .�� K ��• �:� � �.. �� $CC. �.�i%i. COIIt�O� LLS�S. W ithin downtown/mixed use ciistricts, the following uses may be allowed as conditional uses: * * * * * (9) Manufacturing uses , , , , (10) Outdoor retail sales, displays andior storage. (11) Child day care. (12) Gasoline stations. (13) Restaurants serving alcohoIic 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. � R��rch �n_d technoloE„y nrod�ction Les. * * * * * Sec. 40.503. Permitted uses. Wittwn limited industrial districts, only the following uses a.nd structures designed for such uses s�iiall be permitted: "� * * * * � * ;- � . �• - ��� .�♦ . •.� •� * * * * * Sec. 40.523. Permitted uses. Within research, development and office park districts, only the following uses and structures designed for such uses shall be permitted: * * * * * (S) Res�rc �n_d t noio�y prod�ctio Lcec_ ', ', , g��s�; ; , , : ; rni ,► � ge�&�is= . (�A) Accessory dwellings for security purposes; (Z�) Accessory uses, including certain alcoholic beverage sales uses as specified in sections 41.071 and 41.072. * * * * * �. Section 41.053, Code of Ordinances, is amended to read: Sec. 41.053. Supple.mentary standards by category of use. The standards in this section which apply to the identified category of use shall supplement the general standards of use identified in section 41.052. No conditional use shall be authoriz�d unless deternuned to meet all of the standards applicable thereto. * � * * * (15) Manufachuing uses rnay be allowed in the infill commerc� i. downtown/mixed �e, research, development and office park, urban center (core) and urban center (eastern corridor) distriet� subject to all of tbe following: (a) The hours of operation aze compatible with surrounding uses; (b) T'he volume of traffic generated by the use is compatii�le with surrounding uses; (c) Any noise.�wa�tes. � ernissions generated by the use ��s compahble with surrounding uses; (d) In infill cornmercial districts, a minimum lot size of 10,000 square feet shall be provided for this use; and (e) The use cornp�ies with all of the general standards cornaiaed in section 41.052. * * * * * N • � • � • � � � � � � �� 1 ,�1 � � �� • �� � � �/ � � � , •• �'1 �� � ' 1� 1� 1 � � • • � �/ �1 � /� �1 � � � � �I� � ��� �� • � � � � � � i � � � / � ' � '� � � �� � 1 � � � 1�� � � � • � 11 / • � � � / • , � � � , t� � ,� ' � • �/ � � / • �/ � 1 � 1 �� � • � � � • / 1 � � � • � � � � • 1 �/. � � � ' 1 • �i, � � 1 �1 � • , • � • ' 1, � ' / � ��� •�i. . i . � �� •���r• .���. . •� . ��.� � •� • 1 * * * * * Section 4. The provi�ions of this ordinance are found and d€;termined to be consistcnt with the City of Clearwater Comprehensive Plan. Section 5. This ordinance shall take effect immediately upon adoption. PASSED ON FtRST READING PASSED ON SECOND AND FINAL REAUING AND ADOPTED Rita Garvey Mayor-Commissioner Approved as to farm and legal sufficiency: � - , , r " •t � ' - L Leslie Dougall-Sid Assistant City Attomey Aaest; Cynthia E. Goudeau City Clerk � �HtV-�4-1�yb 25��d �Ltt�iKWHI tK L1 I r LLtt�� �1J ybc b��C r.bbl�bbl ��ss�v� AMM�GE�MLEtiT,1Mt. Januar� Z3, 1996 Cxnthia E . Goude�u c��X cLexk C3.�y of Cle�ax�wa�er 112 9ou�h Oceola Ave� C�.earwater, F� 34616 � --: '��l' M jt� n� �.�.t � . �:L+���s � ,; J� �I 2 4 t��� �� �a�� RE t lLANNING �1ND ZODiING 1►tEETYNG OF P"�RRLIARY 6, 1996 I�AHD DEYEZOP?[�IVT � C�ODL AMENDMENT — ESTABZ��S� "RESEARC�i AND ��CHNCL�Y PRQDUCTI�I�I" USE. (I�DCA 96�02) Dear Ms . GoudeEtut : The Vill.as at Countryside Candominium A�e�ciation is a 2� 1 unit residentia� condom�.niwn community at 2436 �0 2488 Enterprise Rodd loaa�eci a iew hundred xards west a� U.S. highway 19. Th� purpose oi t�ais ].etter ia to inforin you tha� the Condoma.nium Association 3.a highly opposed to a change in zoning �o �.nclude "Research and Technology Pxoduati.on" ad jacent tD thia quiet residential area. The Condominium 1�.ssocsiation furtber urges the Plaaning and Zoaing Depar�ment to re3ect anx r�aammendativn to aZter the curren� zoninq �tatus. If this a�end�ent i� adopted �he use of �he la�d and ettrzounding roadways will b� severely changed and theze�ore will be a buzden to th� ad�acent resiciential Commun�.ty. � Thank you io� your aon��.deration . S�.nc�sely, PROGRI�b�S� �ANAGEML1�dT, I�tC . Michae�. Ko�tar�s propQSty Manaqe�r cc : Board Fi.le � se�usooa. 2753 State Road 580 • Suite 207 � Cleartivater, �lorida 34621-3345 • Phone: 813/799-48T4 Fax#; 813/799-2940 � �� .�.d.�... O�O OOO DEVEL4PMENT - g FLYNN CORPORATION ��� ~ Z424 ENTERPRISt ROAD, SUITE G CLEARV�/ATER, FLORIDA 346Z 3 j813j 797-0098 (813) 799-3561 FAX March 5, 1996 Mr . Scot t Shuf ord Director of Central Pernlitting City of Clearwater P. 0. Box 4748 Clearwater, FL 34618 -4748 Dear Mr . Shu f ord ; CONIES Tp; COMMISSIO�+ MAR 0 G 1996 pktSS CLERK /AT7C�RN�;Y I have reviewed your letter dated February 26, 1996 to David Healey and Davi� Healey's letter to you dated February 29, 1996 concerning the introduction of "Research and Technolagy Production Use'� in what is cornmonly known as the United Way building on Enterprise Road in Clearwater, Florida. It is quite obvious frorn reading the correspondence that the City of Clearwater statf is mistaken with respect to the ability to allow this use in a Commercial General Use category. It is also quite obvious from Mr. Shuford�s letter that the City of Clearwater staff has not followed county-wide plan rules . -.-� ______ ___..__.__._ We strongly suggest that you remove this matter frorn the March 7, 1996 City of Clearwater agenda or we will have no choice but to seek appropriate legal recourse against the City. Sincerely, FLYNN DEVELOPMENT CORPOR.ATION � �` � Thomas F. Flynn President TFF/ja cc David Nealey Mayor R i ta Garvey ,/ Vice Meyor/Cortmissioner Sue A. Berfield Carmi ss ioner Bob C tark Cartni ss i oner J. 8. Johnson Cortmissioner Fred A. Thomas JA030596.T1 .,- . ' �•.? w�. - . „ . ----�. .; . .. , r �. . �' _ �: . . . _ :--1:::;; .. r - _.�� ,� , , ..) i. C I T Y DEPARTT�N'T OF CESdTRAL P G Telephone (813) 46?�-6567 March 5, 1996 David P. Healey, Executive Dire�tor Pinellas Planning Council 14 S. Ft. Harrison, Suite 3014 Clearwater, FL 34616 Dear Dave: O F C L E A R W A T E R POST OFFiCE BOX 4748 CLEARWATER, FLORIDA 34618•4748 � � COPIES TO: COMMISSION MAR � 7 1996 PRESS CLERK / ATTORNEY RF_f ;�tVEQ E.�i�±� �.! � 1996 �ITY MH�vAGtR I am in receipt of your letter of February 29, 1996 concerning the issue raised by Nir. Flynri. First, I appreciate your efforts to acquaint me with the Countywide Rules regarding code amendments undertaken by local governments. Pursuant to these rules, I have enclosed copies of three City of Gleararater code aznendments. Two of these are scheduled for first reading consideration by the City Commission on March 7, 199b. The other amendment will go for receipt and refenal on that same evening. I would appreciate you beginning your preli.minary review for these code amendments, although formal Commission action has not yet been taken; receiving your comments on or prior to March 21, 1996 will enable us to keep the amendments "on track." I will notify you immediately regarding action taken by the Clearwater City Commission on these amendments at its March 7, 1996 meeting. Second, with regazd to the methodology used by the Clearwater City staff to determine whether or not there might be a PPC Consistency problem with one of the amendments, I have the following information. Sandy Glatthorn of my staff advises that she spoke aith Marlc Ely of your staff to "brainstornn" how to accommodate Clearwater's desire to facilitate our economic development goal of including a wider range of desirable, research-type uses in its commercial areas. Ms. Glatthorn advises that Mr. Ely, while noncommittal, suggested allowing these uses as a"spe�ial exception" (as you know, in Clearwater "special exceptions" are "conditional uses"). In following up with other localities concerning this matter, Ms. Glatthorn contacted Pinellas County with regard to its allowance of the C-3 zone in the Commercial General land use category. She was advised that Commercial Genera.l and - were su � ogether. Despite information you have submitted to us in your most recent correspondence, our subsequent investi�ation reveals that Pinellas County o� utilize the C-3 zoning distric:t in its Commercial General LUP classification; according to Planning Director Brian Smith, the information you provided represents an oversight that will be corrected in the near future. Mr. Smith advises that the attached document governs County zoning/LUP coordination in the interim. ��� V " � ��-- '' E q u a I E m p I o y m e n t a n d A t f i r m a t i v e A c t i o n E m p I o y e r'' David P. Healey March S, 1996 Page 2 As to whether it is "peculiar" to use other jurisdictions' codes to ascertain general compliance with Countywide Consistency, I can only offer the following: I would hate to think that we have gone through all those years of extensive work to achieve Counrywide code consistency and not be able to lcarn from the examples of others, In the future, Clearwater's processing procedure far any code amendment wbich may affect any of the areas of review by the PPC will be to forward the amendment to you immediately after drafting for preliminary informal review. This may alleviate the potential for confusion like we face at the current time frorn occurring in the future, • Thank you for your assistance ia this matter, Please advise if you have questions or cumrnents. Sincerely, Scott Sbuford, AYCP Director of Centra! Permitting SSldb cc; Commissioner Sue Berfield/PPC Representative (w/o attachinents) Elizabeth M. Deptula, City Manager (w/o attachments) Brian Smith, Pinellas County Plarmi.ng Director (w/o atfachments) Sandy Glatthorn, Cenual Perrnitting Manager (w/o attachments) Niark Ely, PPC Planner (w/o attachrnents) ItBNE1rt9.a S ����� l�AAIUGEME�iT,�MC. March 1, 1996 Scott Shuford Director of Central Permitting City of Clearwater P.O� Box 4748 Clearwater, FL 34618 RE: UNITED WAY ZONING VARIANCE TD ALLOW LLGHT INDUSR'RIAL USE Dear Mr. Shuford: The Villas tax payers Enterprise 19. at Countryside Condominium Associati.on represents 221 in a residential condominium community a� 2438 to 2486 Road located a few hundred yards west of U.S. Highway The purpose of this letter is to inform you that fihe Condominium Association -.is highly opposed to a change in zoning to include "Research and Technology Production'• adjacent to this quiet r�sidential area. The Condominium l�ssociation further urges the Planning and Zoning Department to reject any recommendation to alter.the curren� zoning status. The residents of the Villas at Countryside will be in attendance at the March 7, 1996 council meeting to hopefully urge the rnembers to preserve the quiet atmosphere of this residential community. As you are aware, the condominium associati�n recently was defeated in trying to bar an adjacent land owner from building an adult congregate living facility. Hecause o£ this defeat, and possible detrimental effect on neighbors, it i9 extreme3y important that anything that comes before the commission of similar value be carefully scrutinized. Thank you for your consideration. Sincerely, PROGRESSI'NE MANAC�EMENT, INC. �\ . i��- �. :... � .. . . �. . Michael Kostares T � Property Manager � � cc: Board File � D � �� � MAR 0 � �g95 CENTRAL PERM1TTlNG C1TY OF CLEAA�VATER �9Landcode 2753 State Road 580 • Suite 207 • Clearwater, Fiorida 34621-3345 • Phone: 813/799-0674 Fax�: 613/799-2940 ; «,.,.�.... , .�rc.��r�.w ti����Vr� . . �,.., BBRE ESHEr�BAUGN I��3:3-556-Ot:l MAR OS'96 PIN�L�.AS PLANNING COUNCIL Fobruory 2a, 1 A98 Mr. 3cott fihutord, AICP Oirecior of C�ntral Psrm�ttng City oi Cie�rw�ter PO Box 4748 CleArweter, FL 3a816-4748 pear 5cntt: 8�27 N0.003 ?.Q2 � �f�, couNc�� ��eERs Comml�ebn�t Danl�l Pohb, Cbn. Commios�o�er �Oan Hdvorton, V1p C�IA1. Commb�ionor QeOrp� M. Jkotka. Trql. CounclknerrWoi Cnuok WiNlae+�s. S.o, Comm{��1oc�r 6w A. Ow��ld Conrr�e�ton�r 14rM+ fr�poy 8ohool Bo�rd ManWr 9arbA►� �. Croq�att Mayor.Tom pi C�Mf� Counulmambe► Cores� i(On• Cotx�c+lm�mb�l0�ry{ LaAdl� Co�+x�+�4cana� Co�xde G L1u0tno Comm�aclonw 7om O�boer» ComTl��lon�r tiobeR � SMwR OavtQ P. M�a{�y, AtCp E�arYv� o«xtor In tollow-ttp to ycur letter of Februe�ry 28 �oletive to the issue raised by Mr. Flynn, I heve a couple of ob�arvations. Flrot, no one on my staft recatis any sud� amversatlon whereln we would have suggest�d that on Industrial uaa v�ras allowable, by whatevAr meana, In a commercial plan claesific�tlon. Can you be more specitic ea to when end with whcm a�ch allegad conversotlon look plece? Seoond, rollancs on e prwician in the County Zonln� �rdlne�nr� would a�eem s pecuiiar end Inappt�oprlate way to ascerteln aonaiatency with the Countywide Ple� and Ru1as. Your icttom�atioci with roaped to the County���3 zonl�dlstrlct b�ing permitted In conjunctio`n _� w�th tha Commeraal Geneca! plen cateyory is incomplete et best �nd ea�ent a y nr�►*�� _ The County$ Future Land-Use�Elemen�Te6�e�33; a y o i a , es which zvnlnp districts may be used with each plan categQry. As you will note, the -3 z:oninfl disUid Is p�j IcienGf�ed as e diaU1G! tt� me be uaed with th0 Commercial Oen� Plen ceteflory. in any avent, ihe Countywids Plen Rulva cJea�{y �equiro the aubmissfon �f a� codv cha�pe wd� �a the Clty f� now oo�iderinfl to ths PinaNes Plnnnin� Counci! In order to determine its wnsfatency with tt�e Rufes. tf lt is appropri�tv, b�s�d on wt�ere the City i• in lts proca�� tA 80. Fri. HAARIdON AVH•, 8U(7B SO10 • CIEARWATER, FLORIDA 3�816 TELEPHONE (813) 464•3855 FAX (et�) 484�Q� �, BBRE ESHEN9A�GH I0:813-556-0111 MAR OS'96 8:28 No.003 P.03 vt considerinp lhie er�r'�dm�t, I wouic� re��ocNully requeat you forward tt to u4 pucsuant lo Secllan 3.41, a copy af whld� i� �ttathed fcr your intorrnativ�. Thsnk you. 8lncerety, David P. Healey, A�CP Executiv� Otrector Lodcwre• � cc� Comt�on�r Su• B�rIf�10, PPC R�pre4enattv� • wlenos. �III .Johttson. Vic• Ptidda�, �t►�nbeu�h Cornm�rolat S�rvtces, Ino. 2575 Ulrr�erton Ftd., Oult� 21 �. C+�snw�1�, FL 310Z2 - whna 1.'VI�AWM1A.itiblfd � ; COI�RCUL CUSSIFICATION • tcont'd) CetegorylSymbof • Comaurcial Cnaernl (CG7 py@� - It ia tlis piuposa af this cace�orY w dsplct thoaa ue�t o! the Cauaty that arc nov� davuopod, ot a�q�prista w bc d�evatcqcd� in • m�nar dasl�od to yrovido commwtity at►td c�ocmcmtywida commardal g�ood: u�d xrr�ca; �r�d to teoo�nizs wch sr�at u primu�ily auss�at with t1�a na�� r+etadon� co �ja�ing usci ana with tho ob�ecttvve ot �a� s' � conialidacod, oonoon�suod aoauaad�l caater �rovidint tot d�c full �prc�uat of oammenht .. as�, ,,�, � - ,�.`' _ r.a � �'a.•:. . .` - r � . e . � ����`: �.:... ��� �y � , '1 'T Mi � �,�1 y, A.2� ril� _. � �, : '�.. .K. ✓.. ��.v���yif�`Rl��'i'/�._ •R{ . .- ,w � �- Thase wa �prvpriate to uid c;a�slstont with thL cstegory lncludo: • Prlms:y Uses - Oftice; P�aso,ullBuanau Suvica; Re�ii Comwcrcial; Can�mmarialt' Buslncss Servica;'hanmat �t,ccammod�►don; WholesalND1��lbutlat; Stan►�tlWatthouse. • 3ewnd�y Usra • Comc�� Rocruaon; Resldenti�l Bquiv�lqs� publiclSemi•Public;. ACr.e�ory DwaUlnYs -'ihi.: �cry is �anasally appropriaca to 1oc�tio�s in r�d �djuxat w mijor employmant centus � sutrou�d�tt� land uses euppoct uid u�e oompttible with incauivo oommarcial use; iud ',a ueu ir, proxlmlry w uid with �ood ucast uo cn�jot uxnsportttion facillda� includia; :a�w uansic. donc.ril commerci�i uus shcutd irot bs locatod on ro�d sa�mencs betweea cwo s�s�clal int�rsectio�s ot tisfflc ficilides� �,own on the Mp0 Lon� Rsngc Fii�hway Ptvt, unisss :aon thtn 5096 0! tl�e tot�! road frontage is developed u exitdns petminent commaciai �eve�Opment. $,�� • Shill l�clude the �alba►in�; • Residenelal EquivUenc Use - Shall not cxcad a density of SO bad� per �ro:s aue. • 1�-an�ient Axvmmad3rica �k • Shall not pcc�ed forty (�0) unit� per grou u,re. � Noarsddenrial Us+e • Shail �ct exce�d a ttoor ue� tstio (PAR� ot .35; for �propdsts itossidwareAouts uta u �e�n�d by tho Zonin� Regul�dons� tha FAR :h�11 not excoe0 0.34; thtil not axcr,�ed a�num imperviou� surfsca ndo (ISR) ol .90. • Seo 'Addidor�al St�nditds' a�eccion a! thla t�blc. �11�.. Q�i���5.' - ThC fo�7�+riu� zonla� discricts at� compadble with the Cammec�ciai Ge� (CG� lu�d uso catagory: r. C• t C�2 P-1 p•IA CP-1 CP'•2 Natghbochood Com� Dt�uict Qonar�i Halall Com�d and I.lmlttd Servicr.� Dittcict Ga►atal Ptofes�iorul Qffioe Dis4rict Limitod Q�Ico Disttict Commaa�ciu Pukway Diurict Canmcrdil ?uicwsy Discrict . . i :t �l C�� /'�%� � -.� " ..� -�� �- �(/� ►�rna� �a ����'� ,� . w� � �. � .�. ..� ���� . �. -,.. - -;� . f: p` 'j'.;.�.:r.. y�;{. , ,'}r.}.�� �: j+. M y��.!~.Sit<'�^,': � . r� �� � t r�f�`�.�_ ,�..���.:`, . . 0 CJnC�vDr1V Vr1 ���/////.,, ,,�,� i � �or;. ,� = �; , ��� ' r�, _ ,.;� . �.... ..� � � �l ��w�� ;� j t� : . 1 . .-�iry^�d :� : � �\� �`�,-" �~�1�: . . �• ��. ,�l•y;��' �' � • '��'w._a':� �1.�� ;'�.� ^ _ � ; •`! �,'' ' .., '••.:..�: .. ••' lU�OiJ :7JV—V111 C I T Y i�inR v 1 �� iv • 4� ►.0 .�v� i. vc. ��' � C i. � A�t w A T E �. D�PA,�t'�Z1�iENT OF C�NTRAL P'F�tMITTIN� �'olephone (8I3) 462-65b7 Febcuaty 26, 1996 Mr. David Hcalcy gxec�ative D�roctor Pinollas Planniag Council 14 South Fort �iaYrison, Suito 3020 Claarwater, FL 34615 Dcar Dave: PosT oF��c� gox eras CIEAAWATER, FlOA10� 34618-474g I am writing this lctter in re.sponso to your February 23, 1996 lettor pertaining to our proposad "�h and Technvlogy Produc;tion Use" category as a conditional usa ia a few of our zoning districts. Tha property owncr of a pazr,ct zoned Comrnorcaal Center (CC) with a Land Use Plan classification of Commsrcial Genrral requestcd this category fvr a pmposed intraocular lens busine,�s. First my staff conta.ctod a PPC staff inember who c��ggestod that it be placod under a condidonal use category. Wc bnsed our new category on the Pinell�s Couaty Zoning prdinance which allows as a penttittad use the "Fr+oduetion and assembly oT s�:icnutric:, c�►ic;a� and olactronic oquipment" in cha C-3 Zoning Diatricc which is pennitted in tho Cmnmer�iat Gcneral Land Uso classi�carioa. 5andy Glatthorn, Ccntral Permitting yianager, is av�ilabJe at 4b2-6567 to answer any cg�stioas about this matter. Sincerciy, �' l�,,�,� : Scott Shuford Dir�ctor of Caantral P�rmitting a: comw.�a�.► w. �.�fs.,d X1tip► Rios� Deoon Citp 111�o+�K f+aly OMmars. Cw+tN 1�eeia� 1�t+�s+�w �I.i�Iri'VINltllw/MM� i11A�M� C0�1wi11 �►i�M� (as., 7375 t1lsKtoa �+O�d. i11i� 210r C'M1l�/Mltr FL �fd32 �� � "�quAt �mpi�ym�nt and Aflirmat�v• Act�on Emplvyor" H�RE ES��raHaUGH ID:3? 3-5�6-oi 11 FEB 26'96 �'f N ELLAS PLAN N 1 NG CC�1J N�I L February 23, 1996 Mr. Thornas F. Flynn, Presidertt Flynn Development Corporaiiac7 2424 Enterprise Rvad - Suite G Ciearw�ter, FL 34623 Dear M�. Flynn: 10�36 �0.010 P .02 COUNCIL MF.MHEkS Commi�sionc�� Oa�ic� Pohto. Chm. C�mmicslonpr Joan Nahiorcen. Vicv Chm. Commissioner Gecrfle M. Jlrotka, Treed. Councllm4mDo� Chuck Wiltiamz, Soc. commissia,er sue A. 9e�lietd Comm:ttionar K�ron Orayboy Schooi 8oerd MemSer 8erba�a J. Crockett J�tayar. Tom De Cosarc Cout�csmc�nbor Coni�lo Kona �unr..�rnwnt�r Daryl lar'ttllc Comrnlccla�sr ConnlA C. Mudano Comrr�issaner Yom Osbome Comrrr �stoa�a Ft obe rt 13. S tewnn �avld P. Noalay, A{CP Fxect►tive Dl�ecto� I arn in receipt of your inquiry of February 19, 1996, e copy of which I have etiached to my response which is being forwarded to the City of Ciearwater. The answers to your three questions ere as follows: . 1. The C�m_m �.ia� �Pr� �I n category of the Countywide Future Lar,d Use Plan dU�B R�t P�ovide for Research/De elonment or Li�ht Manufacturing/ �� Ai�:���� - >: ,..p�.. 2. The procedure by which the C+ty of Clearwater, or any Iocal government jurisdiction, would arnend their Iocal comprehensive plan andlor land developrnent reguiaiions requires any such amendment to be submined io the Pinellas Pfann�n9 Council to verify its consistency wifh the Countywide Plan Rules. If an arnendrnent is deterrnined to be uu�,�I�( with the Rutes, the local jurisdiction wou6�d have three options: (1) revise the amendment to be consistent, (2) appeal �ha interpretation that it is inconsistent or (3) initiate a request for arnendment of the Countywide Plan Rules in ocder to acr,omrnodate the �ocal action. We would expect one of ihesa three options to be successfully conciuded prior to, or in conjunctivn with finel action by the Iocal governrrient. 3. The City of Clearwater �� referred the proposad amendrnents of their Land Develvpmecrt Code to the Pinellas Planning Council for review as is specifically required under Qivision 3.4, Section 3.4.1 of the Countywide P(an Rules. Not having received any such referral, we have obviously not issued any determination in lhis malter. 14 S0. FT. HAARISOAt AYE., SUIT� 301Q • CIEAAWATER, FI.ORIDA 34816 TELEPHO� (813} 4B4•3855 FAX (813) 464-3627 ��� H�RE ESHENHAUGH .. . .,�.. �}ti{„ '. . ,.. i'�O�et k w I D � 813—��6-0111 FEB 26'96 10�37 No.010 P.03 I hope this is respons+v� to yow sequest and by copy of this letter am urging the City of Cls�water to contact us in or�der that we mey address what appears to be an aversight on their past that couid lead to an aciion inconsistent with the Countywide Plan and Rules. Sincer�ly, � ..-�...... s-�, �� David P. Nealey, AICP Executiva director Enclosure CC: Scott Shuford� Director - Central Permitting -City of Clearwater :Cornmissioner Sue Berfieid, Pinelias Planning Council � I:IUSER3IW pDOCS�DPH�LETTERS.9B�ddlp�,s ti� t � ��r : , ''i �"}'tx ��. �tin�;Wl_� . ' .. ,� �,'�,�'r�� a«'r... .'- ,���„��.�; �' "�t,�}��}�'r�;�r � �� �ir, 4 `:. `,.n). . ,�}'� �t 't a+f? .x{'�St ��1',?�t+. : �. . ;ws�w=:'�yb.l'�+G�"�+ir� h '�._ii �•EAi ' .. r�rti.' Y. ,.rV.�l T f l�M�� �� �V . . ati,�. �t�' , ' 3 �4` ' .�• -'"�"=a:i.` � �,'ry . y!e� n �. . � f <� � .. C }'Y (�s' "A� � 's�, �`x� �, y1�c,,�^"�♦,�' �"�e+•� �S'��� .b ,�, •. T7 �"M-�'��i�(3r�,a� �i'�: �,�i. '.�,a7 �Yl. i.'� •C. � o°o � � 0 DEVEL�PMENT FLY�.IN CORPORATION February 19, 1996 Mr. David P. Healey Pinellas Planning Council 14 So. Ft. Harrison, Suite 3010 Clearwater, FL 34616 RE: %�--�' -- � ' 2451 Enterprise Road, Clearwater, Florida Dear Mr. Healey: 24Z4 ENTERPRISE ROAD, SUITE G CLEARV(/ATER. FLORfDA 34623 (813) 797-0098 (813) 799-3561 FAX ��� �O /`�' At the Planning and Zoning Board Meeting of the City o� Clearwater on Tuesday, February 6, 1996, items C-2 and D-10 were approved which wauld permit light industrial production at the above- referenced address. I have reviewed the Pinellas County land use plan which shows this site to be Commercial. Please advise me of the following: 1. Is research and development or light manufacturing assembly pe�rrnitted under the Commercial land use designation? 2. If such use is not currently permitted, is there a procedure that the City of Clearwater needs to follow in order to obtain approval from the County for this use? 3. If such procedure is necessary, has the approval and if so has it been granted? Thank you for your assistance in this matter. Sincerely, FLYNN DEVELOPMENT CORPORATION � .,.7` � Thomas F. Flynn President TFF/ja Enclosure JA021496.T3 City requested '' S`cAIM�► c:Z��l, � ¢ � '� n '9q�'�T ��pQ. Clearwater City Comm.ission � - ( � Agenda Cover Memorandum Item # Meeting Date; 2� � SUBJECT: Land Deveiopment Code Amendment establishing a definition for convention center. (LDCA 96-03) RECOMMENDATION/MOTION: Approve Land Development Code amendment establishing a definition for convention center and pass Ordinance No. 5991-96 on first reading. ❑ and that the appropriate officials be authorized to execute same. BACKGR�UND: The City Attorney, Harborview Center management and Central Perrnitting staff have recently met with State alcoholic beverage officials concerning the sale and service of alcoholic beverages at the Harborview Center. Changes to the operatio� of the Center (i.e., no third floor restaurantl have affected the way we can handle alcoholic beverages at the Center; we had planned on using the restaurant's {icense to cover the Center. Since this is no longer possible, a series of one-day permits were proposed, a practice that did not meet the approval of the State officials. We are now in the process of seeking a State "civic cenfier" license. To clarify this issue in our code, it is necessary to define convention center. The attached amendrnent has been prepared to accomplish this purpose. Thcs ordinance will be reviewed by the Planning and Zoning Board on March 5, 1996, with the rest�lts of that meeting verbally reported at the Commission meeting. Reviewed by: Originating Dept: Costs: S N/A Comnission Action: Legal CENTRAL PERMITTING Total ❑ Approved Budget N/A �"" Purchasing N/A -�� g � Approved w/conditions Risk Mgmt. N!A Current Fiscal Yr. 0 Denied CIS N/A Use� Dept: ❑ Continued to: ACM Funding Source: � Capital Imp. Advertised: � Operating Attachments: Date: � Other ORDINANCE N0. 5991-96 ,^j Paper: TAMPA TRIBUNE 0 Not Required Su6mitted by- �,��•, Affected Parties Appropriation Code• � Kone City Managen�. �r �� � ❑ Notified - �'` � Not Required nr r.� Printed on recycled paper � ► * \ � ► ► � . . . � AN ORDINANCE OF THE C1TY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 35.11, C�DE OF ORDINANCES, TO ESTABLISH A DEFINITION FOR CONVENTION CENTERS; PROVIDING AN EFFECTIVE DATE, BE IT ORDAiNED BY THE C1TY COMMiSSION OF THE CITY OF CLEARWATER, FLORIDA: �ect'on 1. Section 35,11, Code of Ordinances, is amended to read: Sec. 35.11, Definitions. The foilowing wo�ds, terrns, and phrases, when used in this development code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning; * * * * * �l '1 •l .'t ' tl'.1 � != !1-! • .•���11I1•�. - 11 • �l• - �- •� .l• -� � •� -� •� •� - -t : 'll 1-ti � �� _ • • . ' •t " -1! 'l 'l- Itl'l .l �1 - •I! � ! - " •� .1 •� l .! I• '11!� :A � �•• � � . .�� •�� .�� �- - :•- � • �� . •�• �- - .•- � -�. . �� .i� -� - • •! � "ll ' �l .!1! �1 l" '1l1 •t '! �t : l ' 1- 1 .!" �� - -1 � : t 11" l� - : •► • t• " tl• - • � ��. - l� �-� � 1 !� � �1 * * * * * Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. ��:, . - . � .�dion 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSEQ �N SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: Pamela K. Akin, Cifiy Attomey 2 Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City C1erk ;� :■ �. ,�,�e �:F � . . .. `�,=i:f= � � � , ' . ` - �� �� j �� • � , � � � 1 • � • � , , • . �... i AN ORDfNANCE OF THE CITY OF CLEARNUATER, FLORIDA, AMENDING APPENDIX A, SCHEDULE OF FEE�� RATES AND CHARGES �OR ARTICLE XIX, STREETS� SIDEWALKS� OTHER Pl36LIC PLACES; PROVIDING AN EF�ECTIVE DATE. WHEREAS, the Engineering Department of the City of Clearwater, Fiorida, processes and handles a number of iterns relating to street vacations, and other types of vacation requests, street name changes, address changes, and subdivision inspections: and WHEREAS, it is necessary to revise the fee schedule to defray the cost of providing such se�vices; now therefore, BE IT ORDAINED BY THE CtTY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section '1. Section XIX, Streets, Sidewalks, Other Public Places, of Appendix A-- Schedule of Fees, Rates and Charges, is amended as follows: STREETS, SIDEWALKS, OTHER PUBLIC PLACES: Fees for services provided by the department of public works (ch. 28): �ti�r- - , - - - s . . . --�•.�-.,.,.=.:.�=�..-.-_,�.-.-.,.-.-..�.,. �-••�,•.- � - �.� � � [1 ���1!\\'I��\�.�1�►'��,�1�.*'.11►�����"1'��A��' � � � • • � 1 \'/ �'17l\l'1��1'.�1:►'a��1'� 1�►�-►�Lt�\^.t��ll!11►\I�'.��'���� A'1• � � � • � � � � �I����1�1\�Ja�\�����•��11�� 1•.►��%1�►� �\7�lL���t1•�• � � • � �.� ��J ��11a1►�I� 1' ��\'��1\' ♦1�►`I \'�'A'L� �'���-���'�vt�i►-.�ii►'.�•.i���i►=►` � • • � �i7i�3 �'��A'�. • � � �• � � � ��= ►= a ► �'.-� � i ►=�- ��.'t i�' u i � ��v r �•. i �' � i �. �=�+rt�s� �•�.'�'�- ' • • - - � � t � - . •�. \�/���11111�'� 1�\�Il'�'�\�► IIf.'�������,�I��\ J�f��.l�\►�1\�!� ��1�1\��1/ � r • � � 1.� �� / � � ►�� 1 � �'I : ����Il \'I � � \��` ►' / � ��l' ���'A'�' � � � � �. � •'II ���'/���J•�\\'Ji��•�'1:��\ �' 1•A'L' � . � � � ♦ . � \'/��'��\'-���.�\�.� I��1�.11����������'I��OII��L I► I��,r'1\�1�1��►'�\�'I�\ ' � � ' _ �� __ '� J'���►��►���� � � � � • � • � • � � � \�� ��\\�1 ��.��J!�\�►�/►�1• 1��•I�A���JI`�I■ ��\�� ���1�1�I•���'1l\'I��l�1 "���`A•�� Ordinance No. 5969-96 4 , �/ ��• � � • � � • � • • • � � � � • �� �\l►��\�a�r��������� ����I�\�����►�I �1 I�I��1•�' �l ±It�l�l\S��\1` ��Il���<��`� ��S•��<�J��II►��.����•���i�����1��������• � �.�F � �• � �• � � � � • � � • � • � � • •• • � • • • � • • � •�� 1 • � � � • � .� � • 1 • 1 � � � • � • 1 r. • .� • � i - � � � - 1 � .. � � u� � 1� - � � •�• � � � w � •� � •• � � � • � ♦ •♦ � � � � , , . � �� � � • � • � . . 1� � � '��'/ '�� �� \ ' � . ' � ' � � �� . � • � � • �' � •' i,�J� �i ���� �'�•' �� �� • � � ► � � � • ' � • ' ] � � . � � ' � � / � • � • � . • ' �� i�i � i��F � � �� . �� •'� � � _ • ' � � �/ � �� �� 1� �� _ � 1 �' � . •� t.h �1 • •' � � -• 'll'f �" � . 1 1/ •• •t !' ' � •11"1 �: 11lI •� •� � . �' � .��� •� . �� • •1 l.�S �� • �- � �� : • � • ► � - •il•-� 1• �Il"�S �1 ! ' � -� -� ' � i. - �ll� • l•�' -�� •11� • � �1 � • Utilities :- i�-. � - .��-►s •i ►�i= , . . ' , , , � „ . ... _ -- :__ _... _. _ . L__ __ ----------:._ _. __._. _ _.__�� ..__ .__ __...___....__ . _-.--------- - -----� ---�- - _._ �•• . -_._ •�•- _______ � ____.�__ __ . � • -• • �� � � - �.. 1/'1 =11'1 �'1 1 /• I�. . _� -1• 1= f 11•- • �- �� /.. �.,� �. :• � �a - -� Section 2. This ordinance shall take effect immediatety upon adoption. PASSED ON FfRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency , �� �- John Carassas Assistant City Attomey February 15, 1996 Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk �� `■ ��� ►:► ►• .• . '. AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE IAND USE PLAN ELEMENT OF THE COMPREHENSIVE PI.,�N OF THE CIiY, TO CHANGE THE I..AND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST AND W'EST SIDES QF SOUTH FORT HARRISON AVENUE AND SOUTH OF WOODLAWN STREET, CONSISTING OF SECTION 21, TOWNSHIP 29S, RANGE 15E, M&B'S 44-08, 44-09 AND 44-10, FROM RESORT FACILITIES HIGH TO COMMERCIAL GENERAL; PROVIDING AN EFFECTIVE DATE. � �- � ;r,,� � r� U �, ��„�` � ���� WHEREAS, the amendment to the future land use pian element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: �ction 1. The future land use plan element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: � ��=t1 See Exhibit A attached. (LUP 95-15) .�� -••� From: Resort Facilities High To: Commercial General Section 2• This ordinance shall take effect irnrnediately upon adoption� subject to a determination by the state land planning agency or the Administratnre Commission of the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Govemment Comprehensive Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes. The Director of Central Permitting is authorized to transmit to the Pinellas County Planning Council information pertaining to the Land Use Plan Amendment for record purposes onfy, to show that the City Land Use Plan is consistent with the Countywide Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form d legal sufficiency: ` •l � -, . .� � 'i. ' i� - ' Leslie K. Dougall- ides, sst. City Attomey February 15, 1996 Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk ordiamc• xo. 5976-96 LEGAI, DESCRIPTIONS A portion of Section 21, Tov�nship 29S, Range 15E, as follows: - u•, �,; �: Begin SE comer S. Ft. Harrison Avenue and Woodiawn St�eet; the�ce East 85 feet; thence South 80 feet; thence S 76°08' W, 72.71 feet to the East right-of-way line of S. Ft. Harrison Avenue; thence Northwest 102.3 feet to the Point of Beginning. ►�:%'.; �� Begin 345 feet North of the Northwest corner of Lot 5, South Park Subdivision, as recorded in Plat Book 60, Page 65 of the public records of Pinellas County, Florida; thence North 191 feet; thence Southeast along the West right-of-way line of S. Ft. Harrison Avenue, 200 feet; thenc,�; West 85 feet to the Point of Beginning. ►e :_ : �� � Begin 261.93 feet North of the Northwest comer of Lot 5, South Park Subdivision as recorded in Plat Book 60, Page 65 of the public records of Pinellas County, Florida; thence N 0°02'30"W, 75 feet; thence S 89°11'25"E, 87.19 feet ; thence along a curve whose chord runs S31 °39'18" E, 39.67 feet; thence S 32°36'18" E, 21.33 feet; thence Southwesterly 122 feet� to the Point of Beginning. EXHIBIT A o=°in'°°. x°. 5976-96 � J w�b�� ��'��v I u � � � L f � � -= .WAY , �o • � . � 0 � �,C.J�vE - , � io ) �.�. - - 50.. � - -.r . � � �; 32 ��� '���, wi oi e� I -.. 1 � �� � 4 � S,siz s rsi� � 7 � 8 ,sso O%�-g ;ss< 1 p �s�F 11 �s�• � I 1 f I 1 � ` -� -- ! PR�PC�SED L.AND USE PLAN AMENDMENT and R�ZONING ' o w ra � a iM v � �" � p t... � APPLICANT G,—r Y OF G�.�A �A w �A `�C iL �..AND USE PLAN ZONING � A o M R� 5 0�T F'A c.t L�T t E�S ��2. 2 4 1--� t C� l� To Go� M�R,Gt A,L GElS E�2AL. GGt Pl.�1t�lNiNG �nd ZONING 80AA� 44, Z t'��j —�g LUP_.q S �S PHOPEiiTY �E�CRIPTION M � 8' s �t� - o � , � � -oq � �-i t,{ :. i O C17Y COMMISSION O�rJO ACRES SECTIOPi 2, � YCIWHSHIP 2'9 S RANOE � 5 E ATlAS PACiE �� 3 E3 � — — ----- � _ •i� ►�► ►• .' '. AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAI N PROPERTY LOCATED ON THE EAST AND WEST SIDES OF SOUTH FORT HARRISON AVENUE AND SOUTN OF WOODLAWN STREET, CONSISTING OF SECTION 21, TOWNSHiP 29S, RANGE 15E, M86'S 44-08, 44-09, AND 44-10, FROM RESORT COMMERCIAL 24 DISTRICT (CR 24) TO COMMERCIAL GENERAL (CG); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atias of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE lT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: �ection 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: ' �•"t� See Exhibit A attached. (Z95-18) •1 1! � /�! From: Resort Commercial 24 District - CR-24 To: Commercial General - CG � ion 2. The Central Perrnitting Director is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. �PCtion �.. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to fonn and legal sufficiency: suffici ncy: .- . r . ,- Leslie K. Dougall-Sides, sst. ity Attomey February 15, 1996 Rita Garvey , Mayor-Commissioner Attest: Cynthia E. Go�deau, City Clerk Ordtnanc• No.5777-9f LEGAL DESCRIPTIONS A portion of Section 21, Township 29S, Ra�ge 15E, as foliows: .. il•� �r �• Begin SE comer S. Ft. Harrison Avenue and Wo�dlawn Street; thence East 85 feet; thence South 80 feet; thence S 76°08' W, 72,71 feet to the East right-of-way line of S. Ft. Harrison Avenue; thence Northwest 102.3 feet to the Point of Beginning. ��•-.: �• - Begin 345 feet North of the No�thwest comer of lot 5, South Park Subdivision, as recorded in Plat Book 60, Page 65 of the public records of Pinellas County, Florida; thence North 191 feet; thence Southeast along the West right-of-way line of S. Ft. Harrison Avenue, 200 feet; thence West 85 feet to the Point of Beginning. .. � �� �_ � �r Begin 261.93 feet North of the Northwest come� of Lot 5, South Park Subdivision as recorded in Plat Book 60, Page 65 of the public records of Pinellas County, Florida; thence N 0°02'30"VN, 75 feet; thence S 89°11'25"E, 87.19 feet ; thence along a curve whose chord runs S31°39'18" E. 39.67 feet; thence S 32°36'18° E, 21.33 feet; thence Southwesterly 122 feet, to the Point of Beginning. EXHIBIT A or�traa,�. xo. 5977-96 � `� wla.` J__..+ _.,_ i 0 to ��� .� � ...�-• - - � .. .�. � • . .� . � J • w - . . S; . � . 51 �2 : AV�NUE : - , 4o i"'-I'"""'�140 !0 � ' ..� ���� a. , �. � �r�: � o� » >s.. ; t �6' 44 /: � � I I / 1 � � --- - - � � PRQPOSED LAND US� P�.A�I AMENDMENT and REZONIN� � AWftER 1�1�1 V L t� A I....E Z G;�"'j -�g' LUP Q S�S APPLICJ►HT G("�`Y OF G�.C.A �1 w AT��L. PAOPERTY DESCRIPTiON �..AND USE PLAN ZONING M � 8' s �t� -O$ , � `� -oq � ��= �o F A o�a R� s o f�`r FA cc �. � Z t c�S c�, 2 4 l-� t G t-� T o C O t� M E R�.► l A- L G E tJ E�. A L. G� PI,.a1NNING •nd ZONING BOIIRSa CITY COf�AMISS1011 0,50 �►cAEs $EC710N ',,Z, ( TOWNSNIP �I. q S RANaE � 5 E ATL.AS PAOE �� 3� r�. - _ , n .����.. �= ��� � , 4 � •� � `� L��� TO: FROM: SUBJECT: C1TY OF CLEARWA►TER Inbsrdepartm�nt Comespondrau Betty Deptula, City Manager Scott Shuford, Central Permitting Director �� South Ft. Harrison Rezonings/LUP Amendments COPIES: Pam Akin, City Attomey Kathy Rice, Deputy City Manager Bill Baker, Assistant City Manager Cyndie Goudeau, City Clerk Sandra E. Glatthom, Central Permitting Manager Etim Udoh, Assaciate Planner DA1`E: February 29, 1996 }� e _��� � a� At the last City Commission meeting, a concemed citizen from the Town of Belleair requested that the proposed rezonings/land use plaa (LUP) amendments initiated by the City for two small areas of St. Ft. Harrison Avenue be forwarded to the Town of Belleair for review and cornment. I have done this and have the following information. I forwarded the proposed changes aad the permitted and conditional uses in each zoaing district to Belleair Town Manager Stephen Papalas. Mr. Papalas has forwarded this material to each of his Town Council members. When I spoke to Mr. Papalas on February 27, 1996, he indicated that he had heard no objections to the proposed zoning/LUP changes from his Couacil mernbers, and that it was his opinion t�hat the changes were very minar in nature. I hope this information is of use. You may wish to share it with the City Comnussion as the zaning/LUP changes are to be considered for second reading on March 7, 1996, Should you have questions or comments, please contact me. SS/db RSLONB.S3 • i � ►:.► ► • .� : • . AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIfV REAL PROPERTY LOCATED EAST OF RIDGEMONT DRIVE AND NORTH OF RAYMONT DRIVE, CONSISTING OF lOT 60 SKYLINE GROVES, iNHOSE POST OFFICE ADDRESS IS 1936 EAST SKYLINE DRIVE, INTO THE CORPORATE LIMiTS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. � �� WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicabte requirements of Florida law in connection with this ordinance; now, therefore, BE IT GRDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORI DA; Section . The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are reciefined accordingly: Lot 60, Skyline Groves, according to map or plat thereof, as recorded in Plat Book 44, Page 22, public records of Pinellas County, Florida. (A96-01) SectioD �. The provisions of this ordina�ce are found and determined to be consistent with the City of Clearwater Cornprehensive Plan. The City Cornrnission hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Cieric and the Central Perrnitting Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3, This ordina�ce shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Adrninistrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Departrnent of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READI NG AND ADOPTED �pproved as to forrn and legal sufficiency: , �. � - � c Leslie K. Douya I-Si�e Assistant City Attorn� February 15, 1996 Rita Garvey Mayor-Comrnissioner Attest: �Cynthia E. Goudeau City Clerk Ordinance No. 5978•96 �., t . ' M�' 4�' ; i �;�� 1 �•,�� �' r �� . �� � ���"I�; a' � � ��! �� .,� •. . �r;�,� :::.r�� . < <. : �i � �� R :� �� � �. Q ��+1) ..�'v�7 y PO 19t7 �{ . � W �' � ���� 6 � r9s�d t0 1! f929 � 1T,� •�J � � � _ �' ��� � �� � . 4E : . �','-. 't . . . .. � ' i 4 - � .. �i1�i7y'..i��:��a�;!.����1-.������►»7 ' �� •, �`�-.�t ►�}�� :�►1� ; ��.}�((,,�N��,��r ��,� 1''� ��•3 � D��••• � ; ���,;.. � tf.►i''. . �".I�� .r.�.�7 f►� � �.'�i "�11T; . r,,�'�j�#�y�. _ 1�ri�.i+r`f _ ~t-! � , �..�..�++�.s;}�3��:;�'L° ,� . � ��^,�''{ ,� rk� ` . Y '� :�'.:,w�"a"Cj' ;:r.L�'f.�%''���'F!*���`w,i�'!F'�; � . i���� 1t +�, �•�c; ����tr���a�y�� r.'� ` ti � � ., .,: •..::.b:�. '�;�',l. L "'� "� �;� !'^���►t'.�y:.1' t� l.*:,��r••.•�l`�'t�� �-- s��:•;;�z}'S,s•'�; • :.. j. i,��,.�7�.�''"'f.ln '�' s. ;,� J1� � y �1 cl�_ .. .t"'t` �` � :' 1- �� rt��.�;'�~ i . .: �� , �. �.�c:t�.,�•I�; A�,.y.�. i t��, ., ���`�"�=r���.�j �� t it:tYM�aJ'',t'1i..~� L T -�-:��i :;� �.>,. ,�_� �" .1;•.l,. �, , , �'`yi '� .sy'",�r : � . • .• .�:r,:;?��",�;.�; • hii;•-`'�� 'h*'i'!'�' _ a— r*I�j.��r1 �..!'�.�.•� � �'��t � �.�.yy. ., ,T.:� �rr:�.• • _. -r i 11�:t�' ! :::� � o '.�S ���w�r w�� •,� . ',r �'L7.L :'1 � � � �Y► y t � .:�..a`! ^a ti4�S.:tA , �. •� i�f��f '�`���4v`�s�,�Pr .� w 2 ��'v. i.%'�.=�1:t • �'��� �t"f �•�t{i���•�.�iiC, ��-� !;• � y'!! 21►rr" � {��. s y���,�(.�c� �.�f '�I�� ��� � '.• � ` ..tf��•aJ3�+'i.r �A•,'�r1 ��i j.:.:� . :y' 'Ai:`:+ �y���: �' A • . s �'� . �1�7r�%�ti.�'i� �'..'..�.+:' .��fY�I'►' "'�,ti "'iti�3� :"�'j'i.r�`t^�rY�,t f 1 ►���'^ �.' ° w '!'I'.�. t�,L}��.'�J• ►�t,�,t ;��,•�: �•�`••��� .:• ,•�••: j•',L,t'q'�!},+ "•tr9► a..�. .i�2�.�.'.'�t�r��^,. .a�;��, 1f /. . �i:�. �. �,� ,+�� r � �: i�.� � , • ��'I� ►i,i�%1� :w:Y�e� i'!�'� ' ��•�- r �, ���i; r� • .�•;G�„ � • . � i' :��... �;:,,�•.• � `+� �r,w� <� ��� v:•�;: � ��`�"f � , � �s � j�.-� a�'�" �.- , •► �-M-- ..�.:,.• � _ ' i ` 1r�' . ♦ . � �,���C��y��.* � r � � . � v_. � �• • �` j����f�^��a t� � �,ni�,�''-.-�: '�:•,�•� ` ,:- ��3: �' . ���.,.�� , � ,xr��°'rr' �,i.-.-�'�'%-.� ��� = . � '*Y':•'�a`.;.r:��t�(�.`�,►��y,��;'yl: . � jt� K +:y,��'J'�*''��.�-_�i�ai��:� } r . ��� .S�S/'y�' �.�rr� �} . j ;�+i.7.f_ �✓.�1' �'�"+ � • .Y�;� �,�{1 r` i f� 1 � �i�•�,� : �I � ' � � �� t, ..\• :r�+ �� '�� �� :-+' �`•; �i2?'�., J 1 �•' l; � =!C-y�,Si. • • � ►. � t � �, ��j} t'�.. !� � ..i � �3:r a • �'��`:� ���'��'� _ ��-' r' . -+r�► �� �� ...k �� . . _ ��rr�. •�s-�-c.<-: r � ��' � I � . �- �� ���"�� . , . � ' � /':��` :.■ �. �� •1.�� ��: ,��. _ � Sp .�►,� U a p :� � <. •t.r-• - .rr� o - C_R. _ 576 _ _ _ SUNSET_�_ — R o ----- --T— -- � PRUPOSED �4NNE�CA1"IOfV AfVD Z�tVItVG Z PVIN COUNTY: R-3 ACRES: 0.18 CITY: RS 8 RIGHT-of-WAY: ACRES: ATIAS PAGE: 254B SEC: 06 TWP: 29 S RGE: 16 E PLANNING AND ZONING BOARD CITY COMMISSION , •� � ► � ► = ► ► � • � . � AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED EAST OF RIDGEMONT DRIVE AND NORTH OF RAYMONT DRIVE, CONSISTING OF LOT 60 SKYLINE GROVES, WHOSE POST OFFlCE ADDRESS IS 1936 EAST SKYLINE DRIVE, UPON ANNEXATION INTO THE CITY OF GLEARWATER, AS SINGLE-FAMILY RESIDENTIAL 8 (RS-8); PROVIDING AN EFFECTIVE DATE. WHERF�4S, the assignrnent of a zoning district ciassification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consiste�t with the City's comprehensive pian; now, therefo�e, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORI DA: ��ction 1. The follawing describ�ed property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: ' � �: t� Lot 60, Skyline Groves, according to map or plat thereof, as recorded in Plat �ook 44, Page 22, public records of Pinellas County, Florida. (A96-01) r •� 1! � 1� RS-8 - Single-Family Residential 8 Section 2. The Central Permitting Director is directed to revise the zoning atlas of the Cit�r in accordance with the foregoing arnendment. Sectio�. This ordinance shall take effect immediately upon adoption, subject to the adoption of Ordinance No. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING ANnADOPTED Approved as to form and legal sufficiency: � . � ,l e t �J� ' _ 7/, ^r l:� Leslie Douga(i- ides City Attomey' February 15, 1996 Rita Garvey Mayor-Cornrnissioner Attest: Cynthia E. Goudeau City Clertc Ordiaanc� No. 5979-9i PR�P�SED AtVNE�CAT'II�N �1►IVD ��iVItVG �WNER: Strohm, Peter W A: 9-01 ADDRESS: 1936 East Skline Dr PROPERTY DESCRtPTION: Lot 60, Skyline Groves ZONIN C�UNTY: R-3 CITY: Rg g ACRES: 0.18 RIGNT-of-WAY: ACRES: ATLAS PAGE: 2546 SEC: 06 TWP: 29 S RGE: 16 E PLANNiNG AND ZONiNG BOARD CITY COMNlISSION •�� ►:► ►r� ': '• AN ORDINANCE OF THE CITY OF CIEARWATER, FLORIDA, ANNEXING CERT�IIN REAL PROPERIY LOCATED EAST OF BELCHER ROAD, CONSISTING OF LOT 3, BLOCK B, PALMETi'O TERRACE, WH4SE POST OFFICE ADDRESS IS 2209 ARLINGTON FIACE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PRC�VIDING AN EFFECTIVE DATE. � .� ( WHEREAS, the owner of the reai prope�ty described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Cleannrater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the Ciry has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: �.ction 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 3, Block B, Palmetto Terrace, according to the map or plat thereof. as recorded in Plat Book 39, Page 75, public records of Pinellas County, Florida. (A96-02) �ection 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of a1J easements, parlcs, rights-of-way and other dedications to the public which have heretofor� b�e�� made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Central Permitting Director are directed to include and show the property described herein upon the official rnaps and records of the City. Sectio�. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Adrninistrat�r of Finellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASS�D ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to forrn and legal sufficiency: � .-�l � ,,s-�c°.c �• , !- , ; 4 Leslie K. Dougall-S d Assistant City At�orney February 15, 1996 Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 5980-96 �►� 1:� ►� ': •• AN OROINANCE OF THC CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATI.AS OF THE CITY BY ZONING CERTAIN RF�4L PROPERTY LOCA�'ED EAST OF 6ELCHER ROAD, CONSISTING OF L4T 3, BLOCK B, PALMETTO TERRACE, WHOSE POST OFFICE ADDRESS IS 2209 ARLINGTON PLACE, UPON ANNExATlON INTO THE CITY OF CLEARWATER, AS SINGLE-FAMILY RESIDENTIAL 8(RS-8); PROVIDING AN EFFECTIVE DATE, WHEREAS, the assignrnent of a Zoning district classification as set forth in this ordinance is found to be reasonabie, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAlNED BY THE CITY C�MMiSSlON OF THE CITY OF CLEARWATER, FLORlDA: Section 1. The foliowing described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as foliows: ' •�'t� Lot 3, Block B, Palmetto Terrace. according to the map o� plat thereof, as recorded in Plat Book 39, Page 75, public records of Pinellas County, Florida. (A96-02) _ •/ t� � Ir, RS-8 - Single-Family Residential 8 �;ection 2. The Central Permitting Director is directed to revise ihe zoning attas of the City in accordance with the foregoing amendrnent. Section 3. This ordinance shall take effect immediately upon adoption� subject to the adoption of Ordinance No. 5980-96. PASSED ON FIRST READiNG PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to torm and tegal�sufficiency: r � - .�,.- Lesl'se Dougall-Si e Assistant City Att ey Februarv 15, 1996 Rita Garvey Mayor-Cornrnissioner Att�st: Cynthia E. Goudeau Cit�l Clertc o:a.inanc. 110, s911-fi _ � . . . . � � . �: .�� . ��.i . � . . ,. . � C. �� Clearwater Gity Comrnisslon � Item �: _� c� � A enda Cover Memorandum � �. �� '�'� � ` � ._ Meetin� Date: .�j • . � ` � SUBJECT: ENGINEERING SERVICES FOR CLEARWA�TER GAS SYSTEM REC4MMENDATION/MOTION: Approve a three (3) y�ar contract extension (3/8196 - 3/7/99) for Engineering Services for Clearwater Gas 5ystern Expansion with Tarnpa Bay Engineering, Inc., as provided in the Agreement for Professionaf Services previously approved in an amount not to exceed $350,000, � and that the appropriate of(icials be authorized to execufe same. SUMMARY: • The Agreement for Professional Services with Tampa Bay Engineering, inc. (TBE ) was previously approved by the City Commission on January 3, 1994. • The original contract was for an amount not to exceed $319,928, provided for a three (3) year contract extension, and allowed TBE to renegotiate their fee schedule after two (2) years. • The personnel fees in the new contract have increase an average of 9%, TBE's fee schedule for the extension period is attached. o Under this contract extension, TBE will �ontinue to provide professional engineering services to develop a recommended construction route; surveying; construction plans; obtain all required permits; construction contract administration; construction inspection; and other services as may be needed to accomplish Cfearwater Gas System (CGS) expansion requirernents. • The contract extension will include an expansion schedule that wil I complete fifteen (15) rni (es of primary trunk main line and fourteen (14) rniles of secondary gas main line, and provide $69,150 for other engineering services as may be required to irnplement additional main extensions which are justiFied by customer additions or systern improvement. • TBE's estimate (etters for the 29 miles initially identified for expansion are attached. • As provided in the original contract, the City Manager will authorize work orders up to $100,000, work order� exceeding this amount shall be approved by the City Cornmission. • A second quarter budget amendment will be rnade to transfer $350,000 frorn Gas Revenues to CIP code 315-96320, Pasco New Mains & Services. t Reviewed by: Originating Department: 1 Costs: Commission Action: 5350000 O A roved Legal N/A Cleanvater Gas System ,,�,,s• , pp Budget `�,r V 7ota1 p Approved w+th Conditions Purchasing Pf/A Uscr Deparlrnent: 5350,000 ❑ Denied Risk Mgmt. NM Clearwater Gas System Current Fiscal Year ❑ Continued to: 15 N/r� Funding Source: ACM � Capi►a� Improvement: Other N/A Advcrtired: ❑ O�,erat��g: Date: C7 Other: Attachments: Paper. Submitteci b: ; � Not Reyuired Appropriation Code TBE Revised Fee Schedule �� ` Affectcd Parties 315-9G320-SG1300- TBE Eslimate Letters � 53 2-000 �-" , J ' ��� �-��- -•O Nutified ❑ None it/� �l.' t:' City anager IS) Not Required � Printed on «.c�cycled paper �, o 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/May, 1996. � l�he transfer of Gas Revenues for this contract is, in effect, a loan from the City's cash pool. This is an interirn solution as these monies will be reimbursed to the Gas Fund once the new bond monies are available. 0 � ;� � � i TAMPA BAY ENGIrIEERING, iNC. FEE SCHEDULE CLEARWATER GAS SYSTEM MASTER AGREEMENT PRINCIPAL PROJECT DIRECTOR PR03ECT MANAGER ENGINEER/PLANNER DESIGNER FIELD �EPRESENTATIVE TECHNICIAN DRAFTSPERSON ADMINISTR.ATIVE/WORD PROCESSOR 3 PERS�N - FIELD SURVEY CREW CADD W/OPERATOR 0083•04.00 RE�'�;��T"�� �� � � `� ��'�� CL'�V G;iS S �L � �t .-:z.� $102.00 $ 88.00 $ 82.50 $ 71.50 $ 60.50 $ S 8.00 $ 49.50 $ 3 8.00 $ 33.00 $ 65.00 $ 60.00 TAMPA BAY ENGINEERING, INC, Civd Enc�ineering • Tr�7nspoit��lion • Environmenf.�l• Planning 18167 U.S. 19 North, Suite 550 Ciearwat�r, Florida 34624 �13o53i•3505 FAX 8i3•539•1294 � 1 '�� '. yb�. January 9, 1996 Mr, Chuck Warrington, Jr. Managing Director Clearwater Gas System P.O. Box 4748 Ciearwater, Florida 34818 RE: Pasco County Ezpansion Phase II (Secondary Main(s)) Dear Mr. 'VVarrington: .__._.� "' TBE is submitting a fee estimate, for budget purposes, for construction for the following secondary rnains as identified by December 18, 1995: VIA FAX 1�: 462-6343 I�ard Copty to Follow engineering services through Jirn Lewin during a meeting on l. Darlington Road, Perrine Road and Seven Springs from US 19 to Mitchell Boulevard (19,500 feet) ■ Aerial Photography $ 2,720.00 ■ Design and Perrnitting 29,250.00 • Construction Services 6,900.00 Subtotal '. : : � � � 2. Mitchell Ra.nch Road fiom Little Road West to the e.�sting school (5,500 feet) � Aerial Photography $ 900.00 ■ Design and Permitting 8,250.00 ■ Construction Services 2,300.00 Subtotal 3. Grand Boulevard, Alley, Madison Street, Darlington Road to Kenna Street (35,000 feet) ■ Aerial Photography ■ Desiga and Permitting ■ Construction Services Subtotal $11,450.00 Massachusetts Avenue from $ 4,180.00 52,500,00 11,900.00 $68,580,00 TAMPA BAY ENGINEERING, tNC. Gvd Fngineenng • Transportat�^ • Err+�ronrnenfal • Plannrng 18167 U.S. 19 North. Suile 550 Clearwaler, Florida 34624 813•531 �3505 FAX 813� 539�1294 ,, ��, � � 0 Ntr. Chuck Warrington, 3r. January 9, 1996 Page 2 4, Rowan Road from SR 54, Nortti to Plathe Road, to Elementary School (10,000 fect) ■ Aerial Photography $ ■ Design and Permitting � ■ ConsVuction Services Subtotal Total then East on Plathe Road 1,70{i.00 15, 000. (}0 3, 800.00 $20, 500. 00 $139, 400.00 This estimate of $139,400,00 plus the estimate of $141,450.00 as stated in our Ietter of December 18, 1995 (to finish the remaining "primary" projects) brings the total additional budget authorization to $280,850.00. This total of $280,850.00 does not include any contingency �nonies for additional �vork that rnight be ne�ded in Pinellas County or other areas of Pasco County not contemplated at this time. If you have any questions or need additional information, please call. S ir�cerely, TAMPA BAY ENGINEERING, INC. � - � ' � _______ _ . ��c, � � John E, Harter, PE Assistant Director of Utility Engineering JEH: jam Enclosures cc: Jim I.ewin, Clearwater Gas System Terry Neenan, Clearwater Gas System Mike Deegan, Clearnater Gas System Bruce Griffin, Cleanvater Gas System Bob Brown, TBE Nick Zembillas, TBE 0083-0�.10 December 18, 1995 Mr. Chuck Warrington, Jr. Managing Director Clearwater Gas System P.O. Box 4748 Clearwater, Florida 34818 RE: Pasco County Expansion Dear Mr. Warrington: As requested at our meeting on November 27, 1995, we are submitting a fee escimate for engineering services through construction for the remaining "prirnary" projects in Pasco County. These estimates are based on completin� the projects prior to any FDOT improvements (i.e. Non-J PA) . SR 54 (23,000 feet) from US I9 to Little Road ■ Aerial Photography � Design and Permitting R Construction Services Subtotal SR 54 (27,000 feet) (FUTURE) from Little Road to Asphalt Plants ■ Aerial Photography ■ Design and Permitting � Construction Services Subcotal LtZ`rLE Ro.a� (27,000 feet) � from Ivlitcheli Blvd. to Ridge Road ■ Aerial Photography ■ Design and Permitting � Construction Services Subtotal Total $3,300.00 31,0�0.00 8,000.00 $42,350.00 $3,700.00 �36,450.00 9,400.00 �49,5�0.00 $3,700.00 �36,4�0.00 9,400.00 $49,5�0.00 $141,450.00 TAMPA BAY ENGINEERING, INC. Gvrl E�qir,eer.ng • Tr2nspcmtion • Er,viror.rrenrd • P!anr:rr,g 18167 U.S. 19 North, Suile 550 Clearwater, Florida 34624 813•a31 •3505 FAX 813•539•1294 -. �•: hir. Chuck Warrington, 1r. _ December 18, 1995 Pa�e ? This total of �1�1,4�0.00 does not include any contingency monies for additional work that miaht be needed in Pinellas County or other areas of Pasco County not contempfated at this time. As we discussed, our contract has another year remainin;, but will need to be funded in order for us to complete the remaining Pasco County work. Also enclosed, per your request, is our current fee schedule that would appiy startin� 3anuary 199b. rf you have any quescions or need additional information, please caf(. Sincerely, TAMPA BAY EN�INEERI�IG, 1NC. �� / �/ �� ; L � .... `•�� John E. Harter, PE Assistant Director of Utility Engineering JEH: jam Enclosures cc: Terry Neenan, Clearwater Gas System Jim Lewin, Clearwater Gas System Mike Deegan, Clearwater Gas System Bruce Griffin, Clearw�ter Gas Sys[em Bob Brown, TBE Nick Zembillas, TBE 0083-0�i.10 � --. ---� � S ` . • � ^.. a � ; � � ; ,e , i; . . ` . . . . . . .. .. � � � i S t /��� 41�•► ��'� � ' Glearwater City Commission � � p�,�r ��,�� �..= Agenda Cover Memorandurn SUBlECT: iNTERGOVERNMENTAI AGREEMENT WITH THE FDEP I tern #: �' � , i � , � Meeting Date: REC4M11�ENDATION/MOTiON: Approve an Intergovernrnental Agreement between the Florida Department of Environmental Protection (FDEP) and the City of Clearwater providing for the assessrnent and, if needed, remediation of the former Manufactured Gas Plant Site located at 400 N. Myrtle Avenue, Clearwater, FL and authorize the one time payment of $2,500.00 for cost and expense incurred by FDEP, ❑x �7nd that the appropriate officials be authorized to execute same. SUMMARY: • Mr. Will iam Pence o� Akerman, Senterfitt &�idson was the attorney hired to represent the City of Clearwater in environmental matters concerning the Manufactured Gas Plant (MGP) site located at 400 North Myrtle Avenue in Clearwater. � ln this capacity, Mr. Pence has been assisting the City's Gas System, Environmental Management, Risk Management, and Legal staff in negotiating this Intergovernmental Agreernent between the City of Clearwater and the Florida Department of Environmental Protection (FDEP) and advising the City staff on work related to the MGP site since (ate l 992. • The FDEP has broadened the scope of the project and the agreement since the discovery of two (2) underground fuel tanks associated with the City garage which was operated on the MGP site as well as the discovery that the City also operated an incinerator on this site. • The change in scope has extended the ne�otiat:ons over the terrns and conditions of the Intergovernmenta! Agreernent. • The following City Departments/Divisions: Legal; Environrnental Management; Risk Management; and ClearwaterGas; as wel{ as Mr. Williarn Pence (our Environrnenta) Attorney); and our Environmenta! Consu{tants (Environmental Consulting & Technology) have been negotiating with FDEP concerning the finai version of this agreernent. � This Intergovernrnental Agreement is the result of these negotiations as finalized by FDEP and Reviewed by: Originating Department: Costs; Commissi�n Action: legal Clearwater Gas System $2,500.00 ❑ Approved Budget ,�,_, �{\� Total ❑ qpproved with Conditions Purchasing N/A User Department: �� J� $ Z,500.00 p Denied Risk Mgrnt. .Ec�v.isncm�►F�al_ �j. Current Fiscal Year O Continued 10: � �} ',� IS N!A � � r.. ' Funding Source: ACM ❑ C�pitallmprovement: Engineering • Advertised: ❑ Opera�ing; Date; xp Attachments; •� Othcr; � '. P341-CC Submittecl y: 0 Not Rc�quired Approprialion Code FDEf' 4nter�ovemment�l � %� ,�� Affected Parties 315-9635t3-530100- Agrecrnent � ' � 532-000 �,~� � � ,, \, -� � -' L,�, ❑ Notificd ❑ Ncme Cil Manager ❑ Not Required �W Printed on rerycled paper r �n - . . � . recommended by the Department/Division heads of all of the affected City staffs. • The one time payment of $2,500.00 is available in the Environmental Gas Project Code 315-96358 and will be recovered from gas customers under the Gas System's new Environmental Imposition Adjustment clause. � BEFORE THE STATE OF FLORIDA DEP.ARTMENT OF ENVIROI�MENTAL PROTECTION STATE OF P�ORII3A DEPARTMENT ) IN TH� OFFICE OF THE OF ENVZRONMENTAL PROTECTION, ) SOUTHWEST DISTRICT Cornplainant, vs. OGC FILE NO. 93-0230 CITY OF CLEARWATER, ) Respondent. ) ) INTERGOVERNMENTAL AGREEMENT This Intergovernmental Agreement is entered into between the State of Florida Departrnent of Environrnental Protection ("Department") and the City of Clearwater ("Respondent") to reach settlement ot certain matters at issue between the Department anc� Respondent. The Department finds and the Respondent adrnits the following: 1. The Departrnent is the administrative agency of the State of Florida having the power and duty to control and prohibit pollution of air and water in accordance with Chapters j � 403 and 376, Florida Statutes, and rules promulgated thereunder � � in Title E2 Florida Administrative Code. The Department has � jurisdiction over the matters addressed in this Intergovernmental ` ; .�greement. The terms and conditions set forth in this ' IntergovernmenCal Agreement are enforceable as a consent order � � pursuant to Section 120.57(3), FLorida Statutes, which states � that unless precluded by law, informal disposition may be made of any proceeding by stipulation, agreed settlement, or con�ent � order. I , 2. Respondent is a person w�thin the meaning of Section 403.031(5), Florida Statutes. 3. Respondent, the City of Clearwater, is the owner of property located at 400 Myrtle Street, in Clearwater, Pinellas County, Florida ("Property"). The property occupies approximately 6 acres and is 1200 feet east of Clearwater Harbor, a Class III water body. A location rnap is incorporated herein as Exhibit I. The Property currently is used by the City of Clearwater Gas Division and consists of an office building, a purchasing building, a warehouse purchasing building, a meter shop, a welding shop, pipe and chlorine storage areas, and buried natural gas lines. 4. The City of Clearwater ooerated a manufactured gas plant on this property from approximately 1929 to 1960. DEP alleges that waste products typically generated from manufactured gas plants include coal tar by-products, which can include, but are not limited to, polynuclear arornatic hydrocarbons, benzene, phenols, toluene, hydrogen cyanide, and heavy metals. The present buildings on the site were constructed as the manufactured gas plant was dismantled. was removed in 1984. The last gas holding tank 5. NUS Corporation, a contractor for the United States Envir�nmental Protection Agency (EPA), prepared a June 22, 1990 report entitled "Screening Site inspection, Phase II, Clearwater Coal Gasification Plant, Clearwater, Pinellas County, Florida, EPA ID #984 168 088" ("SSI"). The SSI reported the following con�aminants in the groundwater at the site: �� ;� R 0 Contaminant arsenic barium - chromium- iron lead rnanganese sodium benzene toluene ethylbenzene xylenes naphthalene 0 Maximum Concentration 11 mg/1 110 mg/1 51 mg/1 8,500 mg/1 55 mg/1 560 mg/1 27,000 mg/1 0.55 mg/1 0.5 mg/l 1.1 mg/1 0.8 mg/1 2.7 mg/1 Maximum Contaminant Level 0.050 mg/1* 2.000 mg/1* 0.100 mg/1* 0.300 mg/1* 0.015 mg/1* 0.050 mg/1* 160.000 mg/1* 0.001 mg/1* 0.040 mg/1* 0.030 mg/1* 0.020 mg/1* 0.0068 mg/1** * Florida Groundwater Standards (Rules 62-550.310, 62-550.320 and 62-520.420, F.A.C.) ** Florida Groundwater Guidance Concentrations The presence of polynuclear aromatic hydrocarbons (PAHs) in the groundwater was also noted in the SSI, but the concentration of these PAHs was not confirmed. 6. Responder_t denies that any actual or threatened releases requiring removal or remedial action are occurring or have occurred at the propert�, and denies any liability for any activities at, or circumstances presented at or by, conditions at the property. However, in order to avoid difficult, prolonged, and complicated 1=tigation regarding these issues, the parties recognize that the public interest is best served by this voluntary agreemer.t. 7. This Intergovernmental Agreement shall not be considered an admission by Respondent of any violation of or liability under any applicable federal, state, or local laws and regulations or under any federal or state common law, nor shall it be used as evidence in any administrative proceeding or proceeding at law, except an action �nvolving the term:: or implementation of this -3- 0 n Intergovernmental Agreement, or as otherwise provided herein. 8. Therefore, having reached resolution of the matter, pursuant to Flo`rida �drninistrative Code Rule 62-103.110(3), the Department and the Respondent mutually agree and it is, ORDERED: 9. Immediately upon the effective date of this Intergovernmental Agreement, Respondent shall implement corrective actions as set forth in the document entitled "Corrective Actions for Contamination Site Cases", incorporated herein as Exhibit II, within the time frames set forth therein. Respondent's obligation to implement the corrective actions set forth in Exhibit II shall be limited to those conditions for � which Respondent is otherwise liable for implementing corrective actions under applicable federal, state and local laws. Respondent expressly reserves any and all defenses, otherwise available to Respondent under said applicable laws. The Department shall review all submittals made by Respondent under the terms and conditions of this Intergovernmental Agreement and shall provide Respondent with the Department's responses thereto in an expeditious manner. Where necessary, and after the Respondent has exnausted all other reasonable means of obtaining access, the Department will assist Respondent with obtaining access to adja�ent properties during the term of this Intergovernmental Agreement in order to implement these corrective actions. 10. Within 30 days of the execution of this Tntergovernmental Agreement, Respondent shall pay the Department -4- 0 �2,500.00 for costs and expenses incurred by the Department during the investigation of this matter, th� prepara�ion and tracking of this Intergovernmental Agreement, and techrlical review of submittals required by the "Corrective Actions" document. Payment shall be made by cashier's check or money order. The instrument shall be made payable to the Department of Environmental Protection and shall include thereon the OGC number assigned to this Intergovernmental Agr�ement and the notation "Pollution Recovery Fund". 11. Respondent agrees to pay the Department stipulated penalties for failure to tirnely comply with any of the requirements of paragraphs 9, 10, and 15 of this � Intergovernmental Agreement pursuant to the following schedule: a. assessed. b. c. One to 30 days late - no stipulated penalties will be 31 days to 60 days late -$100 per day. Over 60 days late -$500 per day. Notwithstanding this stipulated penalty schedule, stipulated� penalties sha11 not be assessed for the first 60 days if Respondent could have received an extension of time as provided in paragraph 16. Within 30 days of written demand from the Department, Respondent shall make payment of the appropriate stipulated penalties to "Florida Departrnent of Environmental Protection" by cashier's check or rnoney order and shall include thereon the OGC number assigned to this Intergovernmental Agreement and the notation "Pollution Recovery Fund". The Department may make dernands for payment at any time after violations occur. Nothing in this paragraph shall prever.t the Department �rom filing suit co specifically enforce any of the -5- terms of this Intergovernmental Agreement. Any penalties assessed under this paragraph shall be in addition to the settlement-sum agreed to in paragraph 10 of this Intergovernmental Agreement. If the Department is required to file a lawsuit to recover stipulated penalties under this paragraph, the Depart�ent will not be foreclosed from seeking civil penalties for violations of this Intergovernmental ` Agreement in an amount greater than the stipulated penalties due under this paragraph. 12. Respondent shall post warning signs in connection with the Corrective Actions perforrned under this Intergovernmental Agreement to the extent required by Chapter 62-736, Florida Administrative Code. As of the date of this Intergovernmental , Agreement, Respondent contends that Chapter 62-736, Florida Administrative Code, does not require the posting of warning signs in connection with Corrective Actions required by Exhibit IT. The Department has made no determination at th�s tim� with respect to the applicability of Chapter 62-736, Florida Ad- ministrative Code, to the Corrective Actions performed by Respondent at the site. Respondent agrees to provide the Department with written notif ication verifying the posting of warning signs within 14 days of a determination by Respondent that Chapter 62-736, Florida Administrative Code or Section 403.7255, is applicable. 13. The Department, for and in consideration of the complete and timely performance by Respondent of the obligations agreed to � 0 in this Intergovernmental Agreement, hereby waives its right to seek judicial imposition of damages or civil penalti�s, as well as its right to recover legal and/or administrative costs incurred by the State of Florida, unless otherwise noted in this Intergovernmental Agreement, for alleged violations outlined in this Intergovernmental Agreement, Respondent waives its right to an administrative hearing afforded by Section 120.57, Florida Statutes, of the terms of this Intergovernmental Agreement. Respondent acknowledges its right to appeal the terms of this Intergovernmental Agreement pursuant to Section 120.68, Florida Statutes, but waives that right upon signing this ' Intergovernmental Agreement. 14. With regard to any final agency action made or taken by the Department pursuant to this Intergovernmental Agreement, Respondent may file a Petition for Formal or Informal Administrative Hearing. If Respondent objects to the Department's agency action pursuant to Section 120.57, Florida Statutes, and Chapters 62-103 and 28-5, Florida Administrative Code, Respondent shall have the burden to establish the inappropriateness of the Department's agency action. The petition must contain the information set forth below in paragraph 15 and must be filed (received) at the Department's Office of Gene�al Counsel, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, within 21 days of receipt of the Department's agency action the Respondent intends to challenge and must conform with the requirements of ��lorida Administrative Code Rule 28-5.201. Failure to file a petition within this time period shall constitute a waiver by Respondent of its right to request an administrative proceeding under Section 120.57, Florida -7- 0 Statutes. The Department's determination, upon expird�ion of the 21 day time period if no petition is filed, or the De�artment's Final Order as a result of the filing of a petition, shall be incorporated by reference into this Intergovernrnental Agreement and made a part of it. All other aspects of this Intergovernmental Agreement shall remain in full force and effect at all times. If Respondent seeks an administrative proceeding pursuant to this paragraph in an effort to delay implementation of' the Corrective Actions, the Department may file suit against Respondent to obtain judicial resolution of all the issues unresolved at the time of tlze request for administrative proceeding. In any such action, the Departrnent shall not have the burden of proving the administrative proceeding was brought for the purposes of delay. Instead, the Respondent shall have the burden ot proving that it did not seek the administrative proceeding for the purposes of delay. 15. Respondent sha11 publish the following notice in a newspaper of daily circulation in Pinellas County, Florida. The notice sha11 be published one time only within 21 days after execution of the Intergovernmental Agreement by the �epartment. Proof of publicat-ion shall be submitted to the Department within 30 days of the effective date of this Intergovernmental Agreement. : STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF INTERrOVERNMENTAL AGREEMENT The Department of Environmental Protection gives notice of a�ency action of entering into an Intergovernmental Agreement •1��th the- City of Clear�Nater pursuant to Rule 62-103 .110 (3) , =lorida �dministrative Code. The Intergovernmental Agreement addresses soil and crroundwater contamination assessment activities and remedial activities, if nec�ssary, in the vicinity c� 400 Myrtle Street, Clearwater, Florida. The Intergovernmental Agreement is available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at the Department of Environmental Protection, 3804 Coconut Palm Drive, Tampa, Florida 33619-8318. Persons whose substantial interests are affected by this �ntergovernmental Agreement have a right to petition for an administrative hearing on the Intergovernmental Agreement. The P�tition must contain the information set forth below and must be �iled (received) in the Department's Office of General Counsel, 2500 Blair Stone Road, Tallahassee, Florida 32399-2400, within 21 days of receipt of this notice. A copy of the Petition must also ne mailed at the time of filing to the District Office named above at the address indicated. Failure to file a petition within the 21 days constitutes a waiver of any right such person �:as to an adrninistrative hearing pursuant to Section 120.57, F.S. The petition shall contain the following information: (a) The r_ame, address, and telephone number of each petitioner; the �epartment's identification number for the Intergovernmental r.greement and the county in which the subject matter or activity �s located; (b) A statement of how and when each petitioner Yeceived notice of the Intergovernmental Agreement; (c) A statement of how each petitioner's substantial interests are Gffected by the Intergovernmental Agreer��ent; (d) A statement of �^e rnaterial facts disputed by petitior_er, if any; (e) A statement of facts which petitioner cor.tends warrant reversal or :�odification of the Intergovernmental Agreement; (f) A staternent cL which rules or statutes petitioner contends require reversal cr modification of the Intergoverrlmental Agreement; (g) A statement of the relief sought by petitioner, stating precisely �he action petitioner wants the Department to take with respect �o the Intergovernmental Agreement. Tf a petition is filed, the administrative hearing process is designed to forrnulate agency action. Accordingly, the �epartment's final action may be different from the position taken by i.t in this Notice. Persons whose substantial inter.ests will be affected by any decision of the Departrnent with regard to the subject Intergovernmental Agreement have the right to �etition to becorne a party to the proceeding. The petition rnust conform to the requirements specified above and be filed ireceived) within 21 days of receipt of this notice in the Office cf General Counsel at the above address of the Department. �'� Failure to petition within the allowed time frame constitutes a waiver of any right such person has to request a hearing under Section �20.57, F.S., and to participate as a party to this proceeding. Any subsequent intervention will only be at the approval of the presiding officer upon motion filed pursuant to Rule 28-�.207, F.A.C. 16. If any event occurs which causes delay, or the reasonable likelihood of delay, in complying with the requirements of this Intergovernmental Agreement, Respondent shall have the burden of proving that the delay was, or will be, caused by the circurnstances beyond the reasonable control of Respondent and could not have been or cannot be overcome by due diligence. Economic circumstances shall not be considered circumstances beyond the control of Respondent, nor shall the failure of a contractor, subcontractor, materialman or other agent (collectively referred to as "cantractor") to whom responsibility for performance is delegated to meet contractually imposed deadl.ines be a cause beyond the control of Respor�dent, � unless the cause of the contractor's late performance was also � , beyond the contractor's control. Upon occurrence of an event ` . j causing delay, or upon becoming aware of a potential for delay, i Respondent shall notify the Department orally within 24 hours or by the next working day and shall, within seven days of oral notification to the Department, notify the Department in writing of the anticipated length and cause of the delay, the measures taken, or to be taken, to prevent or mini.mize the delay, and the timetable by which Respondent intends to implement these measures. If the parties can agree that the delay or anticipated delay has been, or will be, caused by circumstances beyond the ��� reasonable control of Respondent, the time for performance hereunder shall be extended for a period equal to the agreed delay resu�ting' frorn such circumstances. Such agreement shall adopt all reasonable measures necessary to avoia or minimize delay. Failure of Respondent to comply with the notice requirements of this paragraph in a tirnely manner shall constitute a waiver of Respondent's right to request an extension of time for compliance with the requirements of this Intergovernmental Agreement. 17. Nothing herein sha11 be construed to limit the authority of the Department to undertake any action against any Respondent in response to or to recover the costs of responding to ' conditions at or from the site that require Department action to, abate an imminent hazard to the public health, welfare or the environment. 18. Immediately upon receip� of the Department's written request, Respondent shall provide at its expense a permanent safe drinking water supply meeting all drinking water standards set forth in Florida Administrative Code Chapter 62-550 to replace any potable water well that is shown by chemical and hydrogeologic analyses to be contaminated by the Respondent's operations. 19. Entry'of this Intergovernmental Agreement does not relieve Respondent of the need to cornply with the applicable federal, sta�e or local laws, regulations, or ordinances. 20. The terms and conditions set forth in this Intergovernmental Agreement may be enforced in a court of -11- competent jurisdiction pursuant to Sections 120.69 and 403.12�, Florida Statutes. Failure to comply with the terms of this Intergovernmental Agreement shall constitute a violation of Section 403.161(1)(b), Florida Statutes. 21. Respondent is fu11y aware that a violation of the te�ms of this Intergovernmental Agreem�nt rnay subject Respondent to judicial imposition of damages and civil penalties up to $10,�00 per offense. 22. Respondent shall allow all authorized representativej of the Department access to the property at reasonable times for the purpose of deterrnining compliance with the terms of this� Intergovernmental Agreement and the rules of the Department. 23. The Department hereby expressly reserves the right �� initiate appropriate legal action to prevent or prohibit any violations of applicable statutes or the rules promulgated thereunder that are not specifically addressed by the terrns c� this Intergovernrnental Agreement. Correspondingly, Responder_� reserves all of its legal rights and defenses against any sucz legal action which may be initiated by the Department. 24. No modifications of the terms of this Intergovernmer_�al Agreement sha11 be effective until reduced to writing and executed by both the Respondent and the Department. 25. AI1 penalties, costs and expenses and two copies of all reports, plans, and data required by this Intergovernmental Agreement to be submitted to the Department should be sent tc Administrator, Division of Waste Manaqement, Southwest District, Department of Environrnental Protection, 3804 Coconut Palm Drive, Tampa, Florida 33619-8318. When appropriate, the Department �ay request more than two copies. -12- 26. Within 10 days of receipt of the Department's written Contamination Assessment Report (CAR) approval, Respondents shall submit a copy 6f the approved CAR to the Southwest District Wa�er Management District at the following address: Ken Weber Resources Protection Section Southwest Florida Water Management District 2379 Broad Street Brooksville, Florida 34609-6899 27. The provisions of this Tntergovernmental Agreement shall apply to and be binding upon the parties, successors, and assigns. 28. If all of the requirements of this Intergovernmental Agreement have not been fully satisfied; Respondent shall at least 14 days prior to a sale or conveyance of the property, (1) noti�y the Department of such sale or conveyance, and (2) provide a copy of this Intergovernmental Agreement with all attachments to the new owner. -13- ;0 7 �: 29. This Intergovernmental Agreement is final agency action of the Department pursuant to Section 120.69, Florida St�tutes and Florida Administrative Code Rule b2-103.110(3), and it is final and etfective on the date filed with the Clerk of the Department unless a Petition for Administrative Hearing is filed in accordance with Chapter 120, Florida Statutes. Upon the timely fiLing of a petition this Intergovernmental Agreernent will not be effective until further order of the Department. FOR THE RESPONDENT: 0 Name Title Dated: Copies provided to: FOR THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION: Richard D. Garrity, Ph.D. Director of District Management Southwest District DONE AND ORDERED this day of , 1996, in Tarnpa, Florida. Office of General Counsel Department of Environmental Protection 2600 Blair Stone Road Tallahassee, Florida 32399-2400 -14- r 29. This Intergovernmental Agreement is final agency action of the Department pursuant to Section 120.69, Florida Statutes and Florida fidministrative Code Rule 62-103.110(3), and it is final and effective on the date filed with the Clerk of the Department unless a Petition for Administrative Hearing is f iled in accordance with Chapter 120, Florida Statutes. Upon the timely filing of a petition this Intergovernmental Agreement will not be effective until further order of the Departrnent. FOR THE RESPONDENT: � Name Title FOR THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION: Richard D. Garrity, Ph.D. Director of District Management Southwest District Dated: DONE AND ORDERED this day of , 1996, in Tampa, Florida. Copies provided to: Office of General Counsel Department of Environmental Protection 2600 Blair Stone Road Tallahassee, Florida 32399-2400 -14- � � _ �y .-i � . 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' - ndez Sec�ion Paraqraphs Part �. Oualitv As�urance Certa.�ica��on 1 , 2 I rim R m i 1 h h n mi i rn n Ri m hr 2 Part 4 Remedial Pl.ann�ng and Rernedial_ Ac�ions _ 27. _throu4h 37 r T rmin i n f R rn i 1 A i n hr 41 gart 6 Proqress Reportin4 and Noti�icatiQns 42 throuah 48 gart 1 C?t�alz�,y Assuran�e �er.ti£zc�t�on 1. Within 30 days of the efEective date oE this Order, Respondent shall submit to the Department documents certifying that the organization(s) and laboratory(s) perforrning the sampling and analysis have a DEPARTMENT APPROVED Comprehensive Quality Assurance Plan (Comp QAP) in which they are approved for the sarnpling and analysis intended to be used for the assessrnent and corrective actions at the site. The documentation shall, at a minimurn, contain the TITLE PAGE and TABLE OF CONTENTS of the approved Cornp¢AP meeting the requirements oF Rule 17-160, F.A.C. If the organization(s) or laboratory(s) performing �he sampling and analysis change at any time during the assessrnent and corrective actions, docurnentation of their DEPARTMENT APPROVED Comp QAP will be required. If at any time samplinq and analysis a�ce to be conducted which are not in the Approved Comp QAP, docurnentation oE arnendrnents and ap�rovals pursuant to Rule 17-160,210, F.A.C., shall be required. Par 2 Interim R�medial Ac��Qns 2. If at any time. following �he effective date of an Order incorporating these procedures, the Department determines that an Interim R�medial Action(IRA) "is appropriate, �he Respondent shall submit to �he Departmen� a de�ailed wri�ten Interim Remedial Ac�ion Plan (IR.AP). The GW/CA/0792.1 . � � �. w w . , .- IRAP shall be submitted withi.n siaty (60) days following Department determination that an IRA is appropriate. Applicable por�ions of the IRAP shal-1 be signed anc; sealed pursuant to Rule 17-103.110(9), F.A.C. The objectives oF the IRA shall be to remove specific known contaminant source(s), and/or provide temporary controls �o prevent or minimize contaminant migration. The IRA shall not spread contaminants into uncontaminated or Less contaminated areas through untreated discharges or im�roper treatment, The IRAP may include the following, as appropriate: A. Rational for the IRA proposed, incorporating engineeri.ng ' � and hyd roqeological considerations including, as applicable, technical feasibility, long-term and short-term environmental effects, implementability (including any permits or approvals from f ederal, state, and local agencies), and reliability; B. Design and construction details and specifications for I RA ; C. �perational details of the IRA including the disposition of any e�fluent, eBpected contaminant concentrations in the effluent, an effluent sampling schedule if treated g round water is being discharged to ground water, surface water, or to the qround; and the expected concentrations and quan�ities of any co ntaminants discharged into the air - as a result o� remedial action; D. • Operation and maintenance plan for the IRA including, but not necessarily limited to daily, weekly, and mon�hly operations under routine condi�ions; a contingency plan for nonroutine conditions; E. Details of the treatment or �disposition of any contaminated soils or sediments; F. Proposed rnethodology including post-IRA soil, sediment, GW/CA/0792.2 . �uM surface water, and ground water monitoring, as applicable, to con£ir.m the efEectiveness_of �e interim rernedial actiion; G. Schedule for the cample�ion of the IRA; and H. A Qepar�rnent approved (Comp QAP) shall be requirc�d for. all sarnpling and analysis performed as part of the IR.A. 3. The Department shall review the proposed IRAP and provide Respondent with a written response to the proposal. Respondent shall not implement the IR.AP until Respondent receives written notification from the Department that the IRAP has been approved. . 4. In the event that addi�ional information is necessary for the Department to evaluate the IRAP, or if the IRAP does not adequately address the objec�ives set forth in Paragraph 2, the Department will make a written request to Respondent for the inforrnation, and Respondent shall provide all requested revisions in writing to the Department within thirty (30) days from receipt �of said request, unless the requested information requires additional time for a response, in which case the Respondent shall submit in writing to the Department within 30 days of the Department's request, a reasonable schedule for completing the work needed to provide the requested inforrnation. 5. If the Department determines upon review of the resubmitted IRAP that the IRAP still does not adequately address the objec�ives of the IRAP, the Department, at its option, may choose to either: A. Draft specific modifications to the IRAP and notify the Respondent in writing that the Department's modifications shall be incorporated in the IRAP; or B. Notify the Respondent that Respondent has failed to cornply with the Paragraph 4 above, in which case the Department may do GW/CA/0792.3 I � �� • � ♦ �V� any or all of the Eollowing; take legal action to enforce cornpliance with the Order; Eile suit to recover damages and civil penalties;'or complete the- cor`rective actions outlined herein and recover the costs of completion from Respondent. , 6. Once an IRAP has been approved by the Department, it shall become effective �and made a part oE this Order and shall be implemen�ed within thirty (30) days from receipt oE the Department's notification to the Respondent that the IR.AP has been approved. The approved IRAP shall incorporate all required modifica�ions to the IRAP identiFied by the DEpartment. � 7. On the first working day of each month, after beginning implementation of an IR.AP, the Respondent shall submit written progress reports to the Departrnent. These reports shall describe the status o� each required task and, when avail�ble, the results of any confirmatory sampling and monitorinq. The reports shall be submitted until planned tasks have been completed to the satis�action of the Department. • Part 3 Contamination Asses�ment 8. Within 60 days of the effective date of the Order incorporating these cont'arnination assessment actions, Respondent shall submit to the Depar�rnent a detailed written Contarnination Assessrnent Plan (CAP). Rpplicable portions of �he CAP shall be siqned and sealed pursuant to Rule 17-103.110(4), F.A.C. If the Respondent has previously . conducted a Preliminary Contamination Assessment, the Respondent sha11 submit to the Department a detailed written CAP within 60 days of receipt of notice £rorn the Department that a CAP is required, The purpo�e of the CAP shall be to propose methods for collection of information necessary to meet the objectives oE the Contamination Assessment. GW/CA/0792.4 V ��. �► A. The objectives of the Contarnination Assessrnen� sh�::ll be to: _ - � (1) Establish �he horizontal and vertical egtent of soil, sedirnent, surface water and qround water con�amination; , (.2) Determine vr confirm the contaminant source(s); mechanisms of contarninant transport; rate and direction of contaminant movement in the air, soils, surface water and ground water; and ra�e and direction of qround water f low; (3) Provide a complete characterization, both onsite and offsite, of any and all contaminated media; , (9) De�ermine the amount oE product lost, and the time period over which i� was lost (if applicable); 0 (5) If leakinq storage tanks rnay be the source of the contarnination, deterrnine the structural integrity of all aboveground and underground storage systerns (including inteqral pipinq) which exist at the site 4if applicable); (6) Establish �he vertical and horizontal egtent of free product (if applicable); (7) Describe pertinent qeologic and hydrogeologic characteristics of affected and potentially affected hydrogeologic zones; (8) Describe qeologic and hydrogeoloqic characteristics of t he site which�influence miqration and Cransport of contaminants; and 8C. ( 1) . (9) Provid'e a site history as specified in Paragraph B. The CAP shall specify tasks, which are necessary to achieve the objectives described in Paragraph B.A. above. The CAP shall include a reasonable and detailed time schedule for comple�inq each tas k. The tasks may include, but are not limited to, the followinq: GW/CA/0792.5 . � .u.� (1) Use of piezorneters ox wells to determine the horizontal and vertical directions of the ground water flow; - �2) Use o� Electromagnetic Conductivi�y (EM) and other geophysical me�hods or vapor analyzers to trace eztent of ground water con�amination; (3) Use of f racture trace analysis to discover linear zones in which discrete flow could take place; (9) Use of monitoring wells to sarnple ground water in affected areas and to determine the vertical. and horizontal eatent of the ground water plume; � (5) Sampling oE public and private wells; (6) Sampling of surFace water and sediments; (7) Sampling of ai�r for airborne contaminants; (8) Analysis of soils and drurn and tank residues for hazardous waste determination and contaminant characterization; (9) Use of geophysical equiprnent such as vapor analyzers, magnetometers, ground penetrating radar, or metal detectors to detect tanks, lines, etc.; (10) Determination of the horizontal and vertical eztent of soil and sedirnent contamination; (11) Use of soil and well borings to determine pertinent site—sgeciEic geo].ogic and hydroqeologic characteristics of a�Eected and . potentially affected hydrogeologic zones such as aquifers, confining t�eds, and unsaturated zones; (12) Use of geophysical rnethods, pump tests and slug tests to det�rrnine geologic and hydrogeologic characteristics of affec�ed and potentially aftected hydrogeologic zones; and G�V/CA/ 079 2 . 6 �. �wM (13) As a mandatory task, preparation and submitta� oE a wri�ten Contamination Assessrnent Report ("C1a►R") to the Department, C. The CAP shall provide a detailed technical approach and description of proposed methodologies describing how proposed tasks are to be carried out. The CAP shall include, as applicable, the following information: (1) A detai�led site history including: a description of past and present property and/or facility owners; a description of past and present operations including those which involve �he storage, use, processing or manufacture of rnaterials which may be potential po].lution sources; a description of all products used or manufactured and of all by-products and wastes (including waste constituents) generated during the life of the facility; a summary of current and past environmental pe,rmits and enforcement actions; a summary of known spills or releases of materials which may be potential pollution sources; and an in�entory of potential pollution sources within 0.25 (one quarter) mile; (2) Details of any previous site investigations including results of any preliminary ground water flow evaluations; (3) Proposed sampling locations and rationale for their placement; _ - (4) A description of inethods and equipment to be used to identify and quantify soil or sediment contamination; (5) A description of water and air sampling methods; (6) Parameters to be analyzed for, ana�ytical methods to be used, and detection limi�s of these methods and justific��ion for their selection; � GW/CA/0792.7 (7) Proposed piezometer and well construction de�ails � � �awM including methods and rnaterial� well installation depths and screened intervals, well developmen't prc ;�res; _ -�6) A description of inethods proposed to de�errnine aquiFer properties (e.g., pump tests, slug tests, permeability tests, �omputer modeling); <9) A description of geophysical methods proposed for the project; (10) Details of any other assessment methodology proposed for the site; (11) A description of any survey to identi.fy and sarnple public or private wells which are or may be aEfected by the contaminant plume; . (12) A description of the regional geology and hyd rogeology of the area surrounding the site; (13) A description of site features (both natural and man—made) pertinent to the assessrnent; (14) A description of inethods and equiprnent to be used to determine the site specific qeology and hydrogeology; and (15) Details of how drill cuttings, development and pu rge water from installation of monitoring wells will be collected, managed and disposed of. D. The CAP shall contain as a separate document a Quality Assu rance Project Plan (QAPP), which shall apply ta all sampling and analysis required by Ehis Order. The QAPP shall cQmply with all �pplicable requirements of Rule 17-160, F.A.C. In the event that the Respondent wishes to amend or change an approved QAPP or the Department requires a, new QAPP or modification of the previously approved QAPP, GW/CA/0792.8 0 � '. ♦L`{ protocols speciFied in Rule 17-160.220(7), F.A.C., shall be £ollowed. If the QAPP mod �fications are required by the Departrnent, the QAPP shall be submitted to the Department within 30 days of receip� of a notice from the Department to do so. The Department, at its discre�ion, may qrant an� extension of time .for subrnittal of rhe QAPP. A QAPP is required for all persons collecting or analyzing sarnples. The Department reserves the right to rej�ct all results genezated by Respondent prior to QAPP approval if there is reasonable doubt as to the quality of the data or methods used or which are not in accordance wi�h the Department approved QAPP. 9. The Departrnent shall review the CAP and QAPP and provide the Respondent with written responses to the plans. Any action taken by Respondent with reqard to the irnplementation.of the GAP and QAPP prior to the Respondent receiving written notification from the Department that the CAP and QAPP have been approved shall be at Respondent's risk. 10. Zn the event that additional information is necessa�ry for the Department �o evaluate the CAP and/or QAPP, or if the CAP and/or QAPP do not adequately address the CAP objec��ves set €orth in Paragraph 8.A and/or the QAPP requirements re�erenced in Paraqraph B.D, �he Department-will rnake a wxitten reguest to Respondent for the inforrnation, and Respondent shall provide all. requested revisions in wri�inq �o- the Department within�thirty (30) days f rorn receipt vf said request, unless the requested informa�ion requires addi�ional time for a response, in which case the Respondent shall submit in writinq to the Departrnent within thirty (30) days oE the Department's request, a reasonable schedule for completing information. GW/CA/0792.9 the work needed to provide the requested ♦ ♦:A � 11. If �he Department determines upon review of the resubmitted CAP and/or QAPP that the CAP and/or QAPP still do not adequately address the objectives and/or requirernents in Paragraph 8.A and/or 8.D, tt,� Department, at its option, rnay chcose to either: . A. Dra£t specific rnodifications to the CAP and/or QAPP and notify the Respondent in writing that the Department's modifications shall be incorporated in the CAP and/or QAPP; or B. Notify the Respondent that Respondent has failed to comply witt� Paragraph 10, in which case the Department may do any or all . of the £ollowing: take legal action to enforce complxance with the Order; file suit to recover damages and civil penalties; or completie the contarnination assessment and corrective actions outlined herein and recover the costs of completion from Respondent. 12. Once a CAP and QAPP both have been approved by the Department, they shall become ef£ective and made a part of this Order and shall be irnplemented within thirty (30) days of the Department's written notification to the Respondent that the CAP and QAPP have been approved. The approved CAP and QAPP shall incorporate all required modifications to the proposed CAP and QAPP identified by the Department. Within 10 working days oE completion-of the CAP tasks, Responderat shall provide written notice to the Department that the CAP tasks have been completed. All reporting a�d notification requirements spelled out in Paragraphs 42 �hrough 4? shall be complied with during �he implementation of the GAP �asks. 13. Within 45 days of completion of the tasks in the CAP, Respondent shall submit a written Contamination Assessment Report (CAR) to the Department. Applicable portions of the CAR shall be signed and sealed pursuant to Rule 17-103.110(4), F.A.C. The CAR shall: GW/CA/0792.10 ' � • .uM A. Summarfze all tiasks which were implemented pursuan� to the CAP; B. � SpeciEy results and conclusions regarding �he Contamination Assessment objectives outlined in Paragraph S.A.; C. Include, but not be limited �o, the following tables and f igures : (1) A tab].e with well construction details, top of casing elevation, depth to watier measurements, and water elevations; (2) A site map showinq water e�evations, water table contours and the groundwater flow direction �or each aguifer monitored �or each sarnpling period; (3) A table with water qu�lity information for all monitor wells; (4) Site maps showing contaminant concen�rations and contours oE the contaminants; and (5) Cross sections depicting the geology of the site a� Zeast to the top of the confining unit. In qeneral there should be at least one north to south cross section and one east to west cross section. D, Include copies oE field notes pertaining to field procedures, particularly of data collection procedures; and E, Specify recommendations for either No Further Action (NFA), a Moni�oring Only Plan (MOP), additional con�amination assessrnent, a Risk Assessrnent/Justification (RAJ), a Feasibility Study (FS) or remedial actions requiring a Remedial Action Plan (R.AP). 14. The Department shall review the CAR and determine whe�her it has adequately met the objectives specified in Paragraph 8.A. In the event that additional information is necessary for the Department to GW/CA/0792.11 0 , . � � u�.�a evaluato �he CAR or i£ the CAR does not adequately address �he CAP� objec�ives �et �orth in Paragraph SA, the Department will rnake a written r�quest� to -the Responden� for the information, and the Respond�nt shall �rovid��� ��11 requested revisions in writing to the Departrnent within thirty (30) days xrom receip� of said request, unless the requested informat�ion r�quires additional tiime for a response, in which case the Respond�n� s}�a�.l �ubmit in writing to the Department, within thirty (30) days oE �:he D�par�men�'s request, a reasonable schedule far completing tho wor.k needed �o Provide the requested information. 15. TE �he Department decides upon r�view of the CAR or the CAR Addend��m �hat all of the CAP objectives and �asks have been sa�is�actorily completed and that the recommended neat action proposed is reasonable and justified by the results of �he contamination assessment, the Department will provide written approval to the Respondent. 16. If the Department determines upon review of �he CAR or the CAR Addendum that the CAR still does not adequately address �he obj�ctives in Paragraph SA, or that the next proposed ac�ion is not acceptable, the Department, at its option, may choose to either: A. Draft specific modification to the CAR and notiEy the Respondent in writing that the Department's modifications shall be incorporated in the CAR; or B. Notify the Respondent that Respondent has failed to comply with Paragraph 14, in which case the Department may do any or all of the following: take legal action to enforce compliance with the Order; file sui�t to recover damages and civil penalties; or comple�e the contamination assessment and corrective actions outlined herein and recover the costs of completion frorn Respondent. � GW/CA/0792.12 u .,...s 17. The Depar�ment, at its option, may establish from review oE the CAR and other relevant information the Site Rehabilitation Levels (SRLs) to which the contamination shall be rernediated or may require the Respondent to implement the risk assessment process to develop such SRLs for the site. The SRLs for ground water as determined by the Departmen� shall be the Rule 17-3, F.A.C. standards and the Department's numerical i.nterpretation of the Rule 1?-3, F.A.C. minimum criteria. The SRLs for surface waters shall be �hose specified in Rule 17-302, F.A.C. The Department, at its option, may define the SRLs for soils and sediments or . may require that a risk assessment be completed by the Responden� to define SRLs For sails or sediments that are sufficiently contaminated to present a risk to the public heal�h, the environment or the public welfare. If the Depattment does choose to provide SRLs to the Respondent and does not choose to require or approve a risk assessment and requires the Respondent to remediate the site to those SRLs, the Respondent shall implement the FS, if required by the Department as set Eorth in Paragraph 28, or submit the RAP as set forth in Paragraph 33. 18. Rfter completion and Department approval of the CAR, the Respondent shall prepare and submit to the Departrnent a RAJ if the Department requires the task, or if (with Department approval) the Respondent proposes to develop and justify SRLs other than those determined by the Department or if (with Department approval) the• Respondent intends to justify a monitoring only proposal or a no further action proposal �or the site.where the resul�s of the contarnination assessment alone do not support a"monitoring onl�y" or "no further action" proposal. In most instances the Department will not appruve the use of a RAJ to develop alternative SRLs for water if a standard exists GW/CA/0792.13 � ♦ �tw M or a num�rical interpretation of �he minimum criteria has been developed by the Department for the consti�uent for a particular class of water or in all waters. The RAJ which includes a risk assessment and a detailed justi�fication of any alternative SRLs or "monitoring only" or "no further action" proposals shall be submitted within sixty (60) days oE the Department's written approval of the CAR and notice that a RAJ is required, or within siaty (60) days of the Department's written appxoval of the CAR and the RAJ recommendation. Unless otherwise approved by the Department, the subject document shall address the following task elements, divided into the following five major he�dings: A. Exposure Assessment - The purpose of the Egposure Assessment is to identify routes by which receptors may be ezposed to contaminants and to determine contaminant levels to which receptors rnay be exposed. The Exposure Ass�ssrnent should: (1) Identify the contaminants found at the site and their concentrations as well as their eatent and locations; (2) IdentiEy possible transport pathways; (3) Identify actual and potential ezposure routes; (4) IdentiFy actual and potential receptors fo r each exposure route; and (5) Calculate expected contarninant levels to which actual or potential receptors may be eaposed. B. Toaicity Assessmen� - The purpose of the Toaicity Assessment is to define the app3.icable human health and environmental criteria for contaminants found at the site. The criteria should be defined for all potential exposure rou�es identi�i.ed in the Exposure Assessment. DER standards shall be the criteria for constituents and exposure routes to GW/CA/0792.14 e .�..w which the standards apply. Criteria for constituents and exposure routes for which specific DER standards are not established shall be based upon criteria such as Recommended Maaimum Contaminant Levels (RMCLs), Magimum Contaminant Levels (MCLs), Average Daily Intake �values (ADIs), Carcino enic Slo e Factor • g p (SF), Reference Doses (Rfds), organoleptic threshold levels, Ambient Water Quality Criteria for Protection of Human Health and �or Protection o� Aquatic Life, and other relevant critieria as applicable. If there are no appropriate criteria available for the contaminants and exposure routes of concern, or the criteria are in an . inappropriate Eorrnat, the Respondent shall develop the criteria using equations and current scientiEic literature acceptable to toxicological experts. Criteria for the following eaposure routes shall be defined or developed as a�plicable: (1) Potable water exposure route - develop criteria for ingestion, derrnal contact, �.nhalation o£ vapors and mists, utilizing applicable health criteria such as RMCLs, MCLs, ADIs, SF, Rfds, organoleptic threshold levels, and other relevant criteria as applicable. (2) Non-potable domestic water usage egposure route - develop criteria for dermal contact, inhalation of vapors and mists, ingestion of food crops irrigated with such water, lawn watering, ingestion by pets and lives�ock, and other related exposure. ��3) Soi1 eaposure route - develop criteria for ingestion, dermal contact, inhalation, inqestion by humans or animals of food crops grown in coiitaminated soils. (4) Non-potable surface water eaposure - develop criteria for prevention of adverse effects on human health (e.g. d�rmal contact eFfec�s on humans utilizing the resource for recreational GW/CA/0792.15 ' .. � � au�M puzposes) or the environrnent (e.g. tozic effects o� the contaminants on' aquatic or marine biota, bio-accumulative effects in the food chain, other advers� ef�ect� that may affect the designated use of the resource as well a"s the associated biota). ( 5� Air exposure route - devel.op criteria for exposure to the contaminan�s in their una��ected state. C.� Risk Characterization - The purpose of the Risk Characterization is to u�ilize the results of the Exposure Assessment and the Toxicity Assessment to characterize cumulative risks to the a£fected population and the environment from•contaminants found at the site. Based on contaminant levels presently found at the site, a risk arid impact evalua�ion will be performed which considers, but is not lirnited to: (1) Risks to human health and safety �rom the contamination including, 4 (a) carcinogenic risk, and � � F (b) non-carcinogenic risk. � (2) Effects on the public welfare of eaposure to the contamination which may include but not be limited to adverse affects an actually and potentially used water resources; and (3) Environmental risks in areas which are or will be ultimately affected by the co ntamination including, �(a) other aquiEers, {b) surface waters, (c) wetlands, (d) sensitive wildlife habitats, �and ' (e� sensitive areas including, but not lirnited to, GW/CA/0792.16 n a�M National Parks, National Wildlife Refuges, National Fores�s, Sta�e Parks, State Recreation Areas, State Preserves. _ D. Justification for proposed Site Rehabi.litation Levels (SRLs) or a"monitoring only" or "no further ac�ion" proposal. The, purpose o£ thi� section is to provide justification on a case-by-case basis for a"no further action" or "monitorinq only" proposal or for proposed SRLs at which remedial action shall be deemed completed. Factors to be evaluated shall be, at a minimum: (1) The present and future uses of the af�ected aquifer . and adjacent surface waters with particul.ar consideration of the probability that the contamination is substantially affecting or will migrate to and substantially affect a public o r private source of potable water; (2) Potential for �urther degradation of the affected aquifer or degradation of other connected aquifers; . (3) The technical feasibility of achieving the SRLs based on a review of reasonably available technology; (4) Individual site characteristics, includinq naturaZ rehabilitative processes; and _ (5) The results oE the risk assessment. 19. The Department shall review the RAJ document and determine whether it has adequately addressed the risk assessment task elernents. In the event that additional inf ormation is necessary to evaluate any portion of the RAJ document, the Department shall make a wri�ten request and Respondent shall provide all requested information within 20 days of recei�t of said request. GW/CA/0792.17 0 . �. .. ► r .a ' 20. The Department shall review the justification section and determine whether the Department approves or disapproves oE the proposed SRLs or "mo�itor-inq only" proposal or "no further action" proposal, If the Departiment does not approve the proposed SRLs, the Respondent shall use the SRLs as determined by the Departmenr. If the Department requires the use of the Department determined SRLs or if the Department approves oE �he alternative SRLs justified by the Respondent or if the Department does not approve the monitorinq only or no further action proposals the Respondent shall implement the Feasibility S�udy, if required by the Department as set forth in Paragraph 28, or �submit the Remedial Action Plan (RAP) as set forth in Paragra�h 33. Part 4 Remedial Planning and R�medial Actions 21. If the approveci CAR or approved RAJ recomrnends a MOP, the Respondent shall submit to th� �Department, within Eoxty five (45) days frorn receipt of written Departrnent approval of the CAR or RAJ a MOP. Applicable portions o� the MOP shall be signed and sealed pursuant to , Rule 17-103.110(9), F.A.C. The MOP shall provide a detailed technical approach and d�scription of proposed monitoring methodologies. The MOP , shall include, but rnay not be lirnited to, the following; � A. Environmental rnedia for which monitoring is proposed, rnonitorinq locations and rationale for the selection oE each location, and proposed monitoring frequency; B. Parameters to be analyzed, analytical methods to be used, and detection limits of these methods; C. Methodology for evalua�ing contarnination trends based on data obtained through the MOP and a proposed format including a time table for submittal of moni�oring data and data analysis to the Department; and GW/CA/0792.18 �u M D. A detailed contingency plan describing proposed actions ta be taken if trends indicate that contaminant concentrations are increasing; ground water standards or criteria are exceeded for monitoring locations at which exceedences did not occur during the, previous monitorinq period, or moni�oring data appear questionable. 22. The MOP shall contain as a separate documen� a new or modified QAPP, if the circumstances or conditions listed in Rule 17-160.220(7), F.A.C., have occurred, �:�ich shall apply to all sampling and analysis required to implement the MOP. ,The new or modified QAPP shall be prepared in accordance with Paragraph SD. 23. The Departrnent shall review the MOP, and provide the Respondent with a written response to the proposal. Any action taken by the Respondent with regard to the implementation o£ the MOP before the MOP has been approved shall be at Respondent's risk. 24. In the event that additional information is necessary for the Department to evaluate the MOP or if the MOP does not adequately address the MOP requiremen�s set forth in Paraqraph 21, the Department will make a written request to Respondent for the information, and Respondent shall provide all requested revisions in writing to the Department within thirty (30) days frorn receipt of said request, unless the requested informa�ion requires additional time for a response, in which case the Respondent shall submit in writing to the Department within 30 days of the Depar�ment's request, a reasonable schedule for completing the field work rieeded to grovide the requested inEormation. 25. If the Department determines upon review of the resubmitted MOP that �he MOP still does not adequately address the requirements in Paragraph 21, the Department at its option, may choose to either: GW/CA/0792.19 . � , � ,. . �n.n ' A. Draft specific modification to the MOP and notify the Respondent in writing that the Department's modifications shall be incorporated in the MOP; or e. NotiPy �he Respondent that Respondent has failed to comply wi th Parag raph 24 , i n which case the Depa rtment may do any o r a 11 of the Eollowing: take legal ac�ion to enforce compliance with the Order; file suit to recover damages and civil penalties; or completie the contamination assessment and corrective actions outlined herein and recover �he costs of completion from Respondent. . 26. Once a. MQP has been approved by the Depactment, it shall become effective and made a part of this Order, and shall be implemented within thirty (30) days of the Department's written notification to the Respondent that the MOP has been approved. The approved MOP shall inc,orporate all required modifications to the MOP identified by the Department. 27. The Respondent shall submit the required rnonitoring data and data analysis products to the Department according to the time table in the approved MOP. IF at any time trends are discovered by the Respondent that require the actions proposed in the approved contingency plan to b2 - necessary, the Respondent sha11 notify the Departrnent in a tzmel� man�er. 28. The Department, at i�s option, shall also determine from review of the C�R and other relevant information whether the Respondent should prepare and submit a FS to the Department. Applicable portions of the FS shall be �signed and sealed pursuan� to Rule 17-103.110(4), F.A.C. The FS will be required in complea cases to evaluate technologies and remedial alternatives, part�.cularly if multiple contaminant classes are represented or mul�iple media are contaminated. The purpose of the FS is GW/CA/0792.20 0 �u �a to evaluate remedial technoloqies and remedial al�ernatives in order �o identify the -most'"environmen�ally sound and efEective remedial action to achieve clean up of the site to SRLs or alternative SRLs (if approved). The FS shall be completed within 60 days of wri�ten notice �hat a' FS is required, unless �he Respondent plans to submit a RAJ pursuant �o Paragraphs 17 or 18 . The FS sha 11 include the fol lowing tasks : A. Iden�iFy and review pertinent txea�rnent, con�ainrnerit, removal and disposal technologies; technologies; B. Screen technologies to de�ermine �he most appropriate C. Review and, select potential remedial alternatives using the following criteria: (1) C2) (3) (4) (5) • (6) i�) C8i i9) . of �he alternatives; long and short terrn environmental effects; implementability; capital costs; operation and rnaintenance costs; ope ra�ion and rnaintenance requirements; reliability; feasibility; time required to achieve clean-up; and po�ential legal barriers to implementation of any D, Identi£y the need for and conduct pilot tests ox bPnch tests to evaluate alternatives, if necessary; E. Select the most appropriate remedial alternative; and F. Devel�p soil cleanup criteria such that the contarninated soils will not produce a leachate which contains contaminants in excess of the SRLs or alternative SRLs (if approved). �■ GW/CA/0792.21 ' � L�A� 29. Within 45 days o� completing the FS, Respondent shall submit an FS Report to the Department. The FS Report shall: A. Summarize all FS task results; and , B. Propose a conceptual remedial action plan based on th'e selection process carried out in the FS. 30. The Department shall review the FS Report For adequacy and shall determine wh�ther the Department aqrees with the proposed remedial action. In the event that additional information is necessary to evaluate the FS report, the Depar�ment shall make a written . request and Respondent shall provide all requested inforrnation within 20 days oE receipt of said request. 31. If the D�partment does not approve of the proposed remedial action, the Department will notiify the Respondent in writing o�f the deterrnination. The Respondent shall then have 20 da�s from the Department's notification to resubmit a proposed alternate remedial action. 32. If the Department determines upon review of the resubmitted remedial action proposal that it does not agree with the proposal, the Department at its option, may choose to either: - A. Choose a remedial action alternative for tY�e Respondent �o carry out; or B. ,No�ify the Responden� that Respondent has failed to comply with Paragraph 30 above, in which case the Department may do any or all ot the following : take legaZ action to enforce compliance with �he 4rder, file suit to recover damages and civil penalties, or cornplete the corrective actions outline�d herein and recover the costs of completion £rom Respondent. GW/CA10792.22 ,1 o �- ��w� 33. Within 45 days of receipt of written notice £rom the Department, Respondent shall submit to the Departmen� a detailed RAp, Applicable portions of the RAP shall be signed and sealed pursuant to Rule 17-103.110(9), F.A.C. The objective of the remedial action shall be to a�hieve the cleari up oE the contaminated areas to the SRLs or tihe approved alternative SRLs. The RAP shall include as applicable: A. Rationale for the remedial action proposed which shall include at a minimum: (1) Results from any pilot studies or bench tests; (2) Evaluation results for the proposed remedial alternative based on the following criteria: a. long and short term environmental impacts; b. implernentability, which may include, but not be limited to, ease of construction, site access, and necessity for permits; c. operation and maintenance requirements; d. reliability; e. feasibility; and f, costs. (3) Soil cleanup criteria such that the contaminated soils will not produce a leachate which contains contaminants in eacess of State Water Quality Standards or minimum criteria established in 17-3, F.A.C. . B. Design and construction details and specifications for the remedial alternative selected; C. Operational details of the remedial action includinq the disposition of any effluent, egpected contaminant concentrations in the eFfluent, an effluent sampling schedule if treated GW/GA/0792.23 0 0 • r � .. . .� �a ' ground water is being discharged to ground water or to surface wa�ers, � and the expected concentrations and quantities oF any contaminants discharged into the air as a result of remedial actiion; � D. A separate new or modified QAPP document if circumstances or conditions listed in Rule 17-160.220(7), F.A.C., have occurred, subject to �he review procedures outlined in Paragraphs 9 through 12 and prepared in accordance with Pardgraph B.D; E. Details of the treatment or disposition of anv contaminated soils or sediments; F. Proposed methodology includi�ng post remedial ac�ion ground water monitoring as applicable for evalua�ion of the site status after the remedial action is complete to verify accornplishment of the objective of the RAP; and G. Schedule for the completion of the remedial action. 34. The Department shall review the proposed RAP and provide Respondent with a written response to the proposal. Responden� shall not implement the RAP un�il Respondent receives written notiEication from the Department that the RAP has been approved. 35. In the event that additional inforrnation is necessary for the Department to evaluate the RAP, or if the R.AP does not adequately address the objectives and requirements set Forth in Paragraph 33, the Department will make a written request to Respondent for the inforrnation, and Respondent shall provide all requested revisions in writing to the Department within forty five (45) days from receipt of said request, unless the requested information requires additional time for a response, in which case the Respondent shall submit in writing to the Department, within forty five (45) days of the Depar�ment's request, a reasonable GW/CA/0792.24 . A � schedule �'or cornpleting �he work needed to provide �he requested information. - - 36. If the Depar�ment determines upon review o� the resubmit�ed RAP that the RAP still does not adequately address the requirements of• the RAP, the Departrnent, at i�s option, may choose to either: A. Draft specific modification to �he RAP and notify the Respondent in writinq that the Department's modifications shall be incorporated in the RAP; or B. Noti£y the Responden� that .Respondent has failed to comply with �he Paragraph 35 above, in which case the Departmen� may do any or all of the following: take legal action.to enforce compliance with the Order, file suit to recover damages and civil penalties, or cornplete the corrective actions outlined herein and recover the costs o� completion from Respondent. 37. Once a RAP has been approved by the Department, it shall become effective and made a part of an Order and shall be irnplernented within thir�y (30) days from receipt of the Department's notification to the Respondent that the RAP h�s been approved. The approved R.AP shall incorporate all required modiEications to �he RAP identified by the Department. All reporting and notification requirernents spelled out in Paragraphs 42 through 47 shall-be complied wi�h during the implementation oE the RAP tasks.' Part 5 Termination of Remedial Ac i n 38. Following termination of remedial action tclean up of the contaminated area to the SRLs, designated monitoring wells shall be sampled on a schedule determined by the Depar�ment. GW/CA/0792.25 . � � 1 � l'n M t I 39, Following completion of moni�oring requirements pursuant to the approved MOP or of the remedial action and post-remedial action rnonit�ring, the Respondent sha�.l submit a Site Rehabilita�ion Completion Report (SRCR) to the Department for approval. The SRCR shall contain •a demonstration, with supporti.ng docurnentation, that site cleanup objectives have �een achieved. Applicable portions of �he SRCR shall be signed and sealed pursuant to Rule 17-103,110(4), F.A.C. 40. Within sixty (60) days of receipt of the SRCR, the Department shall approve the SRCR or make a determination that �he SRCR . does not contain sufficient information to support the demonstration �hat cleanup objectives have been achieved. 41. If the Department determines that the SRCR is not adequate based upon information provided, the Department will notify the Respondent in writing. Site rehabilitation activities shall not be deemed completed until such time as the Department provides the Respondent with wzit�en notice that the SRCR is approved. Fart 6 Prog_r��ss Re�porting and PotiFications 42, On the first working day of each month, after beginning implementation o� a TRAP, CAP or RAP, Respondent shall submit written progress reports t� the Department-. These progress reports shall describe the status of each required IRAP, CAP and R.AP task. The reports shall be submi�ted until planned tasks have been completed to the satisfaction of the Department. 93. Respondent shall provide wri��en notiEication to the Department at least t'en days prior to installing monitoring or recovery wells, and shall allow Department personnel the opportunity to observe GW/CA/0792.26 � 1A �I the locatxon and installation of �he wells. All necessary approvals must be obtained from the wa�er manaclement district before Respondent installs �he wells. 44. Respondent shall provide written notification to �he Depa�tment a� least twenty (20) days prior to any sampling, and shall allow Department personnel the opportunity to observe sampling or t�� take split samples. Raw data shall be exchanged between the Responder.+: and the Department as soon as the data is available. 45. The Respondent is required to� comply with all applicable local, state and federal regulations and �to obtain any nec�ssary approvals from local, state and federal authorities in carrying out these corrective actions. 96. I� any event occurs which causes delay or the reasonable likelihood of delay in the achievement of the requirements of these Corrective Actions, Respondent shall have �he burden of proving tiiat the delay was or will be caused by circumstances beyond the reas�nable control oE Respondent, and could not have been or can not be overcome by due diliqence. Upon occurrence of the event Respondent shall•promptly notify the Department orally and shall, within seven calendar days, notify the Department-in writinq o£ the�anticipated length and cause of delay, the measures taken �or to be taken �o prevent or minimize the delay, and the time table by which Respondent intends to implement these measures. If the parties can agree that the deiay or anticipated delay has been or will be caused by circurnstances beyond the reasonable control of Respondent, the time for performance hereunder shall be extended for a period equal to the dela�r resulting from such circumstances. Such agreement shall be con�'irmed by letter from the Department acceptinq or if necessary modifying the egtension request. Respondent shall adopt all GW/CA/0792.27 0 . � ,,.. reasonable measures necessary to avoid or minimize delay. Failure of Respondent �o cornply wi�h the notice requirements of this paragraph shall constitute a- waiver of Respondent's right to request an ex�ension of time to cornplete the requirernents of these Corrective Actions. Increased costs of performance of any of the activities set forth in these Corrective Actions or changed economic circumstances shall not be considered circumstances beyond the control of Respondent. 9 7. Respondent shall immediately notify the Department of any problems encountered by Respondent which require rnodification of any task in the approved IR.AP, CAP or RAP, and obtain Department approval prior to implementing any such modified tasks. , 98. Should the Department conclude that clean up of the contaminated area to SRLs or approved alternative SRLs, is not feasi�ble; or should Respondent not completely implement the RAP as approved by the Department; the Departrnent may seek restitution from Respondent for environmental darnaqes resulting from pollution as a result of ;� Respondent's actions. Within 20 days of receipt o£ Department written notification of its intent to seek said restitutian, Respondent may pay the amount of the damages or may, if it so chooses, initiate negotiations with the Department regarding the monetary terms of restitution to the state. Respondent is aware that should a negotiated sum �r other compensation �or environmental damages not be agzeed to by the Department and Respondent� within 20 days of receipt of Department written notification oE its inten�t to seek restitution, the Department may institute appropriate action, either administrative, through a Notice of V�olation, or judicial, in a court of cornpetent jurisdiction through a civil complaint, to, recover Depar�ment-assessed �nvironmental damages pursuan� to Sec�ion 403.141, Florida Statutes. GW/CA/0792,28 • � � � C �, , C�� Clearwa,ter City Comrnission � Itern #: :::: o . �=� :_... Agenda Cover Memoranduan Meeting Date: ,�� � qk'�T �` " SUB)ECT: RESIDENTIAL GAS METER CHANGE OUT REC�JMMENDATION/MOTION: Award a co��tract to West Coast Plumbing of Palm Harbor, FL for a tirne period of ten (10) months (3/7/96 ko 1/6/97) for Residential Gas Meter Change Oaat, at an estimated cost of $40,000, which is the lowest qualified bidder who was responsive to our specifications, O and that the appropriate officiafs be authorized to execute same, SUMMARY: * Gas meters are changed out on about a ten (10) year schedule to assure accurate rneasurement of consumptio►;. * Due to wear and tear with age, gas rneters have a propensity to slow down, which can result in under measuring consumption, which can cause lost revenues. * This contract wil) provide the labor to change out 1,000 residential gas meters in a timely manner (100 per month} and will not increase existing staffing levels. * Gas meters wiil be provided by the Clearwater Gas System frorn existing inventory. * Meter changes through August 31, 1996, esti mated at $24,000 wi I I be funded by the 1994-A Pinel las, Gas System Improvements, CIP rode 341-96302-563800-532-000, which has a balance of $128,484.25 as )anu�ry 10, 1996. * Meter changes after August 31, 1996, esti mated at $16,000 wi II be funded by the new proposed bond issue called Pinellas, Phase il, Gas System Irnprovernents, CIP code 315-96372-5638000-532-000, which will be in effect a loan from the City's cash pool until the new bond issue is established. New Bonds should be sold and established in April/May, 1996 . * Contractor's employee will be subject to United States Federal Department of Transportation Substance Abuse Regulations. Reviewed by: Lega1 Budget Purchasing Risk Mgmt. IS ACM Other ��" N/A N/A Submitted by: � ) � ' i ' �. � �^, �,"� {, Y%�c.�, � Ciry Manager � F'rinled on tecy�'lecl paper Originating Department: � I Costs: Clearwater Gas System �A�J � User Department: Clearwater Gas System Advertiscd: Pinellas County Uate: Review ,11/3/95; P.aper. Tampa Tribune, 10/27/95 O Nut Required Affccted Parlics O Nuti(ied � Nut RE�qui« td Estimated Estimated Funding Source: [k] CaE�itallmprovement: ❑ Operating: ❑ Othcr. Appropriation Code )41-96302-563800- S 32-U00 :4 1 �i-9G372-5G3800- 5:12-000 Commission Action: $40,OOD.00 p Approved Toiat p Approved wiih Conditions 540,000.00 ❑ Denied nt Fiscal Ycar ❑ Continued to: Attachments: Bid Tab & Summary 21-96 Contract � Ncme CITX OT CLE1lAVPATBR SID 11•96 OPSNSD NOVII�RR 11. 1995 aia raa ITEM N0. DESCR.IPTI�N 1 CS711�CS ODT EZISTINIi GA5 i�TER At� RESUII.D LOOP START DATE: Tsx�s: SVlaK71RY OF SID 11-96 BIDS SOLICITED: BIDS RECSIVED: NO RESPONSfi: NO-BID RESPONSE: ca�►xas ov�r sxzsTrNa w►s i�1'8A i RHBUII.D K=TER LOO� RAY DUNCAN PLUMHING DUNEDIN, FIARIDA UNIT TOTAL UANTITY PRICE PRICE 1,000 T0.00 �0,000.00 a�a�����s� 11 3 4 4 SVlII371RY Ol► 2�i0-82D R89PON3S3 UNABI,E TO MEET SPECIFICATIOfIS: 2 DO NOT OFFER SERVICE: 1 SCHED(7iE WILL 2IOT PERMIT: 1 95 DAYS BI-WEEKLY SCOTTO'S PLUMBING CLEARWATBR� FLORTDA UNIT TOTAI, PRICB PRICE 100.00 100,000.00 �....�.�.�. 10 DAYS NET 3 0 WEST COAST PLL7t�ING PALM HARBOR. PIARIDA UNIT TOTAL PRICE PRICE 40,00 90,000.00 ..�.�....�. 1 DAY 2 WEEKS , f:« v ' � Y Thia AaR$SMSNT made and entered into rhia day of , 19 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated aB the '�City��, and West CoaBt Plumbing, Inc., hereinafter designated as the "Contractor°. PTITNBS 3STH : That the parties to this Agreement each in consideration of the undertakings, promisea and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense provide all labor, tools and equipment for the following: 1,000 Size 17� Small Gas Meter Changeout, CGS Contract #96-01 In accordance with such proposal and technical supplemental specifications and such _ other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, and general conditions, which may be.hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this Agreement, and all of said work to be performed and completed by the Contrac�or and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. Ii the Cantractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Con�ractor is obligated to perform in accordance with the provisions as contained herein. THE CONTR.ACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY I,EGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARZSING OUT OF-THIS AGREEMENT AND FURTHERM012E, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DANSAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS AGREEMENT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTR.ACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. In addition to the foregoing provisions, the Contractor agxees to conform to the following requirements: ' In connection with the performance of work under this Agreement, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or other 1 formg of compensation; and eelection for training, including apprenticeship. The Contractor agrees to pogt hereafter in conepicuou4 placea, available for employees or applicantg for employment, noticea to be provided by the Agreementing officer aetting forth the provisione of the non-diacrimination clause. METER CiiANGE � s The base price includes all work necessary in order to provide a complete meter � change out for the transportation of natural gas, according to Clearwater Gas System (CGS) construction standarde/operation and maintenance manual. All equipment and services shall be furnished by the contractor. All gas related materiala will be furnished by the Clearwater Gas System. CONDITIONS 1. The Contractor must have a Drug and Alcohol Testing Policy, and all employees shall be randomly tested in accordance to Federal Department of Transportation and Florida Public Service requirements. 2. The City of Clearwater Gas System will supply all gas related materials. The Contractor mugt secure these materials at 400 N. Myrtle Ave., Clearwater, Florida. Al1 non-gas related material shall be provided by the contractor. 3. All gas stops must be locked in �he off position, if the cus�omer is not at home and the contractor cannot get in to relight pilots. 4. The contractor will be responsible for relighting the customers they could not relight the day of the meter change. 5. The contractor will be required to change out a minimum of one hundred (100) ;' meters per month. 6. The contractor will be responsible for changing the gas stops, if �evere atmospheric corrosion is present. 7. The contractor will paint all meter set after the meter has been changed. Paint to be furnished by-the City. 8. The contractor will assume all liability for damages caused by their firm, while in the performance of this contract. 9. The contractor shall �e a licensed plumber and have a current valid plumbing license which includes working with natural gas. 10. The contractor shall supervise, inspect and direct the work competently and efficiently, devoting such attention and applying such skills and expertise as may be necessary to perform this contract. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures for changing the residential gas meters. 11. The contractor shall employ only competent persons to do the work and the Pinellas Manager of Operations shall notify contractor in writing, that any person on the 12. 13. 14. work appears unsatisfactory, be employed on of Operations. to be incompetent, unfaithful, disorderly, or o�herwise such person sha11 be removed from the project and shall not again this contract with out the written consent o� the Pinellas Manager The contrac�or shall be paid $40.00 per meter change as per bid. The contract period is for ten (10) months beginning March 7,1996 to January 6, 1997 . The contractar agrees to change out 1,000 metexs. Insurance requirement The contractor will procure and maintain the following insurance coverage: 1. Worker's Compensation and Employers' Liability--The contractor shall procure and maintain for the life of this purchase order, Workers' Compensation Tnsurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employers' Liability with limits meeting all applicable state and federal laws. 2. General Liability--The contractor shall procure and maintain, for the life of rhis purchase order, General Liability Insurance. this coverage shall be on an 'Occurrence" basis and shall include: Premises and Operations; Independent Contractors; Product and Complete Opexations; Professional Liability; and Contractual Liability. Coverage shall be no rnore restrictive than the la�est edition of the Commercial General Liability policies of the Insurance Services Off ice . This policy sha11 provide coverage for death, bodily injury, personal injury or property damage that could arise directly or indirectly from the perfarmance of this purchase order. The minimum limits of coverage shall be $500,000 per Occurrence Combined Single Limit for Bodily Injury Liability and Property Damage Liability. The City shall be included and identified as an Additional Insured under the policy%certificate of insurance. 3. Business Autamobile Liability--The Contractor shall procure and maintain, for the life of the purchase order, Business Automobile Liability Insurance. The minimum limits of coverage shall be $500,000 per Occurrence. combined Single Limit for Bodi�y Injury Liability and Property Damage Liabili�y, This coverage shall be no more restrictive than the latest edition of the Business Automobile Policies of the Insurance Services Office. 4. Indemnity--The contractor shall defend, indemnify, save and hold the City harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily or praperty damage arising directly or indirectly forrn the performance of this agreement by contractors, its employees, subcontractors or assigns, including legal fees, court costs, or other legal expenses. The contractor acknowledges that it is solely responsible for complying with the terms of this agreement. 5. Supplemental Provisione a) The inaurance coverages and conditions afforded by this policy shall not be auapended, voided, canceled or modified. b) Certificates of Insurance meeting the specific required inaurance provisions specified within this agreement ahall be forwarded to the City's Riak Management Office and approved prior to etart of any work. After review, the Certificate will be filed with �he Purchasing Office. c) Receipt and acceptance of a contractor's Certificate of Insurance, or other similar document, does not constitute acceptance or approval of amounts o� types oE coverage which may be less �han required. d) the City may at its option require a copy of the contractor's insurance policies. e) All insurance palicies required with this purchase order ahall provide full coverage from the fixst dollar ot exposure unless o�herwise atipulated. No deductibles will be accepted without prior approval from the City. 6. Safety and Health Requirements a) Safe and Healthful Work Environment--It is the contractor's sole duty to provide safe and healthful working conditions to its employees and those of the City an ar�d about the project si�e. The City assumes no duty for supervi.sion of the contr�ctar. b) Stop Work Orders--The City may order that the work stop if a condition of immediate danger to City employees, equipment or property damage exis�s. This provision shall not shi£t the responsibility or risk of loss for injuries or damage sustained from the contractor to the City, and the contractor shall remain solely responsible for compliance with all safe�y requirements and for the safety of all persons and property at the project site. c) Compliance with Safety and Health Regulations--The contractor shall cornply with the standards and regulations set £orth by the Occupational Safety and Health Administration iOSHA), the Florida Department of Labor arid Employment Security and all other appropriate federal, state, local regulations ar City safety and health standards. Agreement 2N WITNB88 WHBRSOF, the parties to the agreement hava hereunto set their handa and seals and have executed this Agreement, in duplicate, the day and year firet above written. CITY Og CLgARWATBR IN PINELLA3 COUNTY, FLORIDA By: Elizabeth M. Deptula, City Manager Coun�ersigned: By: • Rita Garvey, Mayor-Commissioner (Contractor must indicate whether Corporation, Partnership, Company or Individual.) 0 � � / .. � /� f �� _ , '1 By. � t SF.8L1 (Seal) Attest: Cynthia E. Goudeau, City Clerk Approved as to form and legal suf Ficiency: John Carassas Assistant City Attorney .� ,� /, "'.,� � ��,� ' � � , , r ../ �. r, �i `� f V ~ !` � Cr.- 1�� )J C�^ :-�nr__. � �f��, c� i-✓�i �//1,[ C..-'�� 'G•-/��. //���+ / �-- � (COritY'aC�Or) - .��!►Y P MILTON C CASON, SR. �� �, COM1,,11SSIpN � CC 511213 ,r�, � EXPtRES ()EC 28. �93.9 ��ep� eo+�o�o �►�u (The person signing shall, in -h�s AT�r�C 80ND1NQ Cp �N� own handwri�ing, sign the Principal's name, his own name, and his title; whexe the person is signing •for a Corporation, he must, by Aftidavit, show his authority to bind the Corporation). 0 ` �~R • � .��� ¢ - L--- Clearwater City Commission Item #: '--- 9,� = Q4 "� � � �-� Agenda Cover Meinorandum �� . . �,A���. Meeting Date: �� " SUBJECT: PURCHASE OF GAS METERS & REGULATORS RECOMMENDATION/MOTION: Amend the contract with National Meter Parts Inc., Lancaster, OH, to increase the funding of the existing contract to purchase gas meters and regulators by $1 7,000 for a new estimated contract total of $45,881, � and that the appropriate officials be authorized to execute same, SUIIAMARY: • Purchase Order #699-0000007450-000, was issued after the City Commission approved Bid 54-95, which awarded an annual contract for gas rneters & regulators to various vendors for the contract period 4/4/95 to 4/3/96. National Meter Parts fnc. was awarded a contract for three (3) of these items. The other vendors are Equipment Controls, Fisher Controls Internation�l and M. T. Deason. Tf�e National Meter Parts Incorporated purchase order is the only one that needs to be modified due to quantity requirements. � During the first nine (9) months of the contract period, Cfearvvater Gas System has connected a higher number of residentia) gas custorners due to expansion into Pasco County and increased sales to new LP Gas customers. This, in addition to utilizing rnore new rneters and regulators for the residential meter change out program, necessitates additional quantities of Size 250 gas meters (residential/srnall commercial type) and one (1) inch re�ulators. • Clearwater Gas System needs to purchase 300 additiona) Size 250 gas meters with connections and 100 additiona one (1} inch gas regulators. � 7he quantities ordered in the annual contract were based on the historical requirements for new residentia) gas customers. In the future, we will order based on the business plan as opposed to historical data. • 7his change order will provide the necessary meters and regulators for the rernainder of the contract period to 4/3/96. Nationa{ Meter Parts has agreed to honor the bid prices of the original contract for these additional quantities. • Purchases will be charged to the inventory code 423-00000-141 170-000-000 and charged out to the appropriate Capital Projects as the iterns are used. The appropriate Capital lmprovement Projects are 341-96301, Pinellas New Gas Mains S� Services; 315-96320 Pasco New Gas Mains & Services; and 341-96302, Gas Meter Change-Out. These projects have a balance $203,225.00 avaiiable for this purchase. Reviewed by: Originating Department: Costs: Commission Action: Legal N/A Clearwater Gas System .�,/� Estimated $17,000 � Approved Budget �f Iotal ❑ Approved with Conditions Purchasing Uscr Departmcnt: Estimated S� 7,0�0 ❑ Denied Risk Mgmt. N/A Clearwater Gas System Current f iscal Year O Continued to: IS N/A Funding Source; ACM � Capitallm{irovemcnt: Other N/A Advertised: ❑ qperaling; s Date: O ochrr. Attachments: "��'apE �: Original Bid Tab & Summary Submilled by: L�] Nc�t Required Appropriation Code Vendor Letter . Af(ccted Partics 423 - OOOOU - 141170 - O Noti(ied 000-000 ❑ None City M,uiagc�r f� N��t Requin�d W Printe�d un «rryrlc�<) p��pi�r �� � O G O n O q o.�n o O o o �° ~ o 0 0 v o m m CI 10 m a m Q1 �^ O �O O b V ry ry ry m e �1 1� IV J� f� � n1 F O � � o o O W � CJ •�O O� I� I` fV v N n1 '1 fV ? 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U O •• F yy u�'1 „ z S H j� ����� g U M vl tn ap �w $ a oH �y� N 4C W � D .1 »t // u: m R ���� �� i■ bl/15/lyyb by:4d b14-b5�-435y NATIONAL METER PAGE 01 � � :� � � `- ��-rs rNC. /1�1'ET%�► 2so 9aldwln D�Ivs • P.O. Box 90e � Lancsster. Ohia 43130 PAone 614-853-8�ZD �� �',A.� M�SSAGE TRA.NSNIISSION F4RM To: COMPANY: DATE: P1�UNE: FA�: ::.,:..,: .. Cit of Cleerwater -- - -�---�------ 1- 5-96 . FROM: Jmt�es N. He�tuieen, V.P. 8�es. COMPA�tY: NA'�ONAL ME'I'ER PARTS. INC. PHONE: 614�653�8828 ��� b14-653-43�9 NUMHER OF PAGES INCLUDXNG COVER: 1 Comments or Spccial Insbnactions: Ref . Bid invi �at ion ( 54-95 ) . Na,tionel tVjeter will extend this bid for Ga� Metere Thru 12-31-96 �52.25/ea and the Re lators at ;13.25/ea � J�fies N. Behneen„ j _ P_ t..I`ree . -, - , The docutnents sccompanying tAia fax aansmisslon contain inforn�ation &vm the compahy of Nntional Meta� Parts, Inc. wb�ich is PitIVILEGED �1VD CONFIDEPI?IA,�. and is intended only for tlz� individ�l o� entity named in this trst►smission ehC�t. �f the ra�r of this massage i� nae the ineended cecipient, you are hereby notitied th�t dissemination� di�tri6ution or topyiaa of this cam�unicAt�an is �trietly pre�hibiced. if you havo recel�ed thi� communication In errvr, please immedimeely nodfy us by telsphone ao we c,an ,�rrange for the retue�n o£ tho driginsi docunaent9 so w nt �to ehsrgo co you. ThaNc you. IF T�.ANSMISSIO� IS NUT RE�EIVEI� QR IS NOT LEGIBLE, FLEASE CALL 614-653-8828 1��. ,,, , . :� � �� �- 9,p� . • `oo- Clearwater City Commission Agenda Cover Memorandurn � � Item # Meeting Date: E �' . � suBJECT: Purchase of Rnuckle Boom Trash Loader (Jaw� Truck) RECOMMENDATION/MOTION: Award a contract to Atlantic Ford Truck Sales, Ft. Lauderdale, FL for the purchase of one 1997 Knuckle Boom Trash Truck at a cost of $74,985 which is the lowest, most responsive and responsil�l.e bid submitted in accordance with City specifications; financing to be provided under the City's master lease-purchase agreement, � and that the appropriate officials be �uthari2ed to execute same. SUMMARY: ► J Bids were analyzed; low bid meets City specifications. Trash loader truck will replace G-1129, 1986 Ford Jaws Truck, approved and listed on the FY 1995/96 Equipment Replacement List. ► Funding is budgeted in project/code: Motorized Equipment-Lease Purchase, 315-94221-564100-590-000, which has available funds of $667,044.40 as of February 8, 1996. ► Approximate FY 1995j96 budgetary impact: $8,449 (principal: $6,745; interest: $1,704). Reviewed by= Originating Dept: Costs: 574,985 Carmission Action: Legal N A Total ❑ qpproved Budget � General Servic g g,449 ❑ Approved w/conditions Purchasing Current Fiscal Yr. � Denied Risk Mgmt. N/A � CIS .� Ni�A� User Dept= �, %� ❑ Continued to: ACM �(l•' ��-' �l Funding Source: Other Solid Waste � Capital Imp. ❑ Operating Advertised: ❑ Other Attachments- Date: 1/12/96� 1/19/96 Bib Tabulation Summary `J'� Tampa•Tribuneas County Review; � � ❑ Not Required Ncne �; Appropriation Code: S�tamitt � f '� Affected Parties 315-9G221-564100-590-000 �_ ��� � ,L��E��c-� � Notified City an ger � Not Required � �,� Printed on recycled paper � CITY OB CI,SARWATBR BID 63-96 OP�D JANUARX 30, 1996 8SD TAB ITEM NO. DESCRIPTION 1. JAWS TRUCK DSLIVERY: TSRMS: SIII�iARY OF BID 63-96 BIDS SOLICITED: BIDS RECEIVED: NO RESPONSE: NO-BID RESPONSE: JAWS TRUCK ATLANTIC FORD TRUCK FT. LAUDERDALE, FLA. TOTAL QUANTITY PRICE 1 7�4, 985. 00 14 2 8 4 SUN�'1A.RY OF NO B=DS DO NOT OFFER PRODUCT: 1 BIDDING THROUGH LOCAL DEALER: 1 CANNOT BE COMPETZTIVE: 1 i UNABLE TO MEET SPECIFICATIONS: 1 � 100-120 DAYS NET 30 LARRY THOMPSON ENTER LAKE WALES, FLORIDA TOTAL PRICE 77,296.70 30-60 DAYS NET 30 � � SEAIM. ,\I, S� .,., ;.:: � a 9 ���E�o� Clearwater Gity Commission M!� Agenda Cover Memorandum Item # � Meeting Date: 03/07/9b � SUBJECT: Purchase of hearing assistance system for Jack Russell Stadium and other facilities RECOMMENDAT I OPI / MOT I01�3 : Award a contract to Public Assembly Equipment Company, San Antonio, Texas, at a cost of $29,961.95 which was the lowest most responsive and responsible bid received in accordance with the specifications, � and that the appropriate officials be authorized to execute same. BACRGROUND: - The Americans with Disabilities Act of 1990 is a major piece of federal civil rights legislation which provides for the removal of barriers for the fu11 participation c� people with disabilities in the public and commercial sectors. - One of the specific requirements of the Act is that people with hearing impairments be assisted, wherever possible, in hearing or understanding audible communication of whatever nature, such as speakers, music, etc. - One of the means by which this may be accomplished f�or people with hearing impairments is by providing amplification devices (frequently called assistive listening devices) which work in conjunction with public ac�dress systems. Therefore, the Americans with Disabilities Act mandates that assistive listening devices be made available to a minimum of 40 of the patrons at any pubLic assembly. (This 4o computation is based upon the seating capacity of the facility in question.) - In December, 1993 a complaint was filed by a citizen with the United States Department of Justice alleging that Jack Russell Stadium and the Clearwater Marina were inaccessible to people with disabilities. This complaint was investigated by staff from the Department of Justice and the United States Departrnent of the Interior. Reviewed by: Originating Dept: ��(� Costs: $29, 961 .�S Co�miission Action: Legal N Total ❑ Approved g�9et llumat� Relalions ❑ A roved w/conditions Purchasin9 $29, 961 .95 PP Risk Mgmt. User Dept• Current Fiscal Yr. ❑ Denied CIS ' ❑ Continued ta: ACM F�nding Source: Other F�lrlcs & � Capital Imp. Recreatlon C] Operating Advertised= Attachments: B i d Date: � Other tabulation sheet C�� Paper: ,� � Not Required Submitted � Affected Pa�tics � None �� � Notified ApPropriation Code: `. ,�f ' t: (� �L"� �"�"� 315 94702 C, � ❑ Not Requ�red City ana er � �.� Printed on recycled paper ,. - 2 - - The City of Clearwater agreed to bring these facilities into compliance with the Americans with Disabilities Act. (Other major items arising from the settlement which have been completed or are in progress include the design and implementation of an accessible seating plan at Jack Russell Stadium, the installation of an elevator at the Stadium, modifying the Stadium parking lot to conform to requirements far accessible parking, a lift for the Marina to assist boaters with mobility impairments to access boats, and a chair lift to make the upper floor of the Marina building accessible.) - Six (6) base transmitter at Jack Russell Stadium and head sets. units will be included in this purchase for use and other City facilities with the 285 receivers - Funding is available in Capital Improvement Project 315-94702, ADA Transition Plan, to fund this purchase. - Central Audio Visual of Ft. Lauderdale, Florida submitted the lowest bid, however, tilat product failed to meet specifications. Actual field tests at Jack Russell Stadium proved the Phonic Ear Product to be clearly superior. Evaluation was performed by City staff as well as five hearing impaired citizens. - The City's radio technicians reviewed the specifications and contributed. to the Phonic Ear recommendation. . n lp O N O (� ll'1 11 t�Q� a Q� O ri t!� sr aT O� M W ?C RY U N Q' O H �`1 ra r-I 1 i+ E+ O CL' N f� V' � N N O� M � [� c�, - . _ , n ri lfl N N � p O N r-� N 4 ri u vcn� z v� ri � w � �w o � r w r-U+ � ~ a � rn o Oa o c�v r7 z � LL fV N � N w Rt � w « q O O O O O O M a!� W O O O � O O O 11 "U�. H [-+ H O O t11 lf1 O O 11 H � O a .-� �r � n in rn u � E-� a m m r� � c u n N �'1 [� II � � n rUi � w o 0 0 o a Z � H UI w w �a a a N m � � a . u o O o o O O q W O O O O O � 11 �2! iL' N WI � �f1 l� N N ri 11 n � �-1 cL N f'1 q Ct, N r'1 II Q O O O O O �z a F u) o 0 0 0 0 O � p a c"�v �°-r � ni N a4 V] N � O N � � 11 y �7 W o 0 0 0 0 o ii y Uc� � N rUi a u� �o r-i m w ii � '�, �-+ O a r� rn m a� V� ri u W H 'J L�-ilJ H W t+l O M O� U N N O �S N O� rl II [�1 M r-� q .-i N li �'9 y � � o 0 0 0 0 � R o 0 0 0 0 � W Ey � al m � m a �w y � a �O U k�i Ll >+ H H L[1 � �D CU rl 1"� rl N � � W H Y1 F4' � H � E-' Rl n z � 3 �i � O �7 � � H � � � � � � o � °a � A � a �i � H� � � � � H a w w a � � a � � � � pq � � � � � � °' O N H �a p � H ZI ri N � v� M a � 3 � N 1 cv z A � o �j � z W t� � H f'�1 � � � A H �r W � x [� V' �O h t0 ri N +� �o O� N t q N � • Y� i� � A H � � �. ., a o � a� w wA z � a� A � � H� a w u o�Wa� a� vI c� �n A H F cn �n � w °z � w "w z° °z � i � �e : , �,�,,,� ,�, • � � �-- : � 9 --- TE ��' Clearwater City Cornmission Agenda Cover Memorandum � ____-1 Ilrit� tt: Meetinb Dat� �. F • � SUBjECT: Personal Computers for City Hal i REC�MME N DATI ON/MOTI ON: Award a contract to lnacom Inforrn�tion Systems of Tampa, Florida, for the purchase of 23 personal cornputers and related cornponents in the amount of $65,800; pricing establ ished in previous bid 02-96 and approved by Commission; financing to be provided under the City's lease-purchase agreement � and that the appropriate offi�ials be aulhorized to execute sarne. SUNlMARY: • In Spring, 1995 Information Management presented its Sfirategic Plan to the Commission, which included a plan for providing City cornputer users with new hardware. � Phase I of the Enterprise Network, includes the purchase 213 cornputers for the MSB and Police,(which was approved by the Commission in )anuary, 1996) and the purchase of personal �ornputers for City Hall. � These machines are being requested prior to the renovation of City Hall so they can be used in the Municipal Services Building in ternporary cornputer training labs. Purchasing the City Hall PCs now, is rnore cost effective than renting PCs to use for training. • This item covers the purchase of 23 100 rnhz Dell Pentium Personal Computers (PC's) with the Windows '95 operating system and network interface cards. • The Microsoft Office software (office automation software) does not have to be purchased at this time, as the City's license for Office in the Municipal Services Building will cover these PCs while they are being used for training. The Microsoft Office product wi II need to be purchased for all �City Hall cornputers closer to the completion of the renovation of the City Hall Building. • This purchase does not includE Network hardware, network software or building cabling for City Ha11. Those items will be bid and brought to the Commission in tlie Sumrner, '96. • Funding for the lease/purchase of the Enterprise Network Phase I project was approved in the 1995/96 capital improvernent budget, project # 3 1 5-94 740. Debt service for the remaining years will be incl uded in the operating budgets for those years. o Annual debt service costs are approxirnately as follows: FY 95/96 (2 payments) FY 96/97 - 2001 Reviewed Uy: I_egal Budbet PUfC�IilSlflb Risk Mgmt. fS ncti� Other Submitted byy' t �� � �J� L� City M� agi r NA NA NA � �� c � � Print��d on rc•cycl��c.l p.iFu�r Originating Department: Info m 'an Management Uscr � trnent: Information Management Advertised: Date: 10/OG/95 & 09/29/95 I'aper. Pinellas Cnty Rev�l'mpa t'�t Trib � Not Kequired Affccted Partics (� Nutifi��d �' ❑ Not Rr�quii��d $ 7,410.00 $66,692.0� Casis: Funding Source: Ll C.�piLil ImE�rvvi�rnrnl: L7 op��rating: ❑ Othrr: Apprc�priation Code: 31 �-94740 Commission Action: $�s,BOO.00 Cl nppro�ed To�al ❑ Approved with Conditions $7,410.00 ❑ Denied Currcnt Fiscal Y�ar ❑ Continued to: Attachments: [3id Extension Le�tter Ori�inal [iid Tabulation O Nc�nc� ' �.,a.rt..,.t ,. . - ' 02-01-1996 04�35PM FROM Inecom . ( � � TO 1 ` 4626'776 P.01 Inlowt�ation rns . Inaaom ; Irdarmetioa Systems j � 5844-� VY. C�rprtx► St. ! i Tampa� �L 3,3607 � � Ta: sis �ae-�oo� . I � Fauc 819 288-8918 ! � � . , i � i • t • . � . � Februa� '�, 4�8� . ; . #11r� Ge+or+�e Denty '• • Ci vf (:�e,a�vvaber : � 10 outl� NNRisso�rl A�renue i j • ' G arwater, FL 34616 � � ` . � ; : , ; R FER��CE: Bid #02-96 ; � • ; : r C�r+ye: � . , . � � � I IrN'orrnatton Systems, lnc, is pleased to ex#�e+nd �he =pricin� of��ed in #he � refar+�nceci bid to �ty of Clearvvater �ntil April 1, 1�96. ii yoW r�q�it�e an edcii#iona! ex�ension at that tirne, please I�t us lu'tow and we wil! try bo acoar�clmod�Ee yau, ' Si CerBiy, ' . � . , . �- : . -�- � � • , ,i . � � ' . ' u A. Pttz I • . 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RECOMMEN DATI� N/MOTION: Award a contract to CompUSA, of Tarnpa, FL being the lowest and rnost responsive bidder, to provide persona{ computer instructors for City employee personal computer training project at a cost of $ 495 per day/per instructor for a total of $ 57,075.00 � and that the appropri ale officials be aulhorizecl to execute same. SUMMARY: • A plan for the mi�ration to the netiv cornputer h�rdware and software was pr�sented on Technology Day and the purchase was ��proved by the Commission in January of 1 996. • In March of 19�6, approxi mately 370 computer users wi II be rnoving into the Municipal Services and Police Buildings. T}�e newcomputers installed in these buildings will have Microsoft Windows 95 and Office 95 software. Training wi II be required for the majority of users as they are unfamiliar with Microsoft Windows 95 app) ications. � ft is critical to the operation of che departments that cornputer users be profici�nt in Windows 95 applications as yuickly as possible after move-in. This projec� will cornplete basic training within approxirnately 30 workii�g days at an average cost of $154.25 per ernployee. • Employees wi II receive an average of 1 S hours of computer instruction • Classes offered will in�lude Introduction to Windows 95, Microsoft Exchange (e-mail and scheduler), Microsoft Word Level 1 and 11 and Excel (spreadsheet) Level I and II. • Not all students wil 1 take all courses. C11ss assignrnents wi I I be based on computer user surveys and needs assessments conducted prior to the bid release. • Training will increase user self-rel iance, cut down on lost productivity due to usei� error and minirnize support tirne and costs. • Information Managernent seeks to contract CompUSA wl�o will provide four qualified instructors to augment our own one and one-half (1.5) full-time comput�r tea�hing staff in basic training on Reviewed by: Originating Department: Costs: ��7,075.00 Cornmission Action: Legal NA In tTnation Management l7 AF�prc�vecl Budget � �/ Tut,il ❑ Approvc d�vith Cunditions Purchasing �s� Department: 5�7,07�,00 ❑ Denic�d Risk Mgrrt. Information Mana�;c�m��nt Current Fisc:al Yc.0 ❑ C<mtinu��[i tc>: �$ L. Funding Source: ACM ❑ Capitallmprovrmcnt: Other� �,� � Advertised; • [✓� OFmrating: Date: 12/29/95 & 1/5/96 � Oth��r: Attachments: f'aper; PnellsCrny Rev .\ E3id 7abulation ��r` Tampa Tribune Submitted by; � Nc>t Kequired Appropriation Code Affected Parties �' � � , d NotiliE°d 315-094603-5303000- ❑ Nrme � 000 R , �� � � � �. 010-01 1-i�i-�57300- G�� 5 21-000 Ci y Manag��r � C] Not Kequirc�cl ' � Printed on recycic�d paper Windows 95 applications Buildirig (MSB) staff. .--� � Twc� insiructors will train Police sta(f and 2 wil) train Municipal Serv'ices a A bid for instructors was releasecl December 20, 1995, and CompUSA was selected as the best vendor based or� price, quality of instructors, company lon�evity, local availability for support, and availability of other training services after cours� completion. Site visits were conducted to the 2 top vendor's loca) training facilities. � Since training time is limited, strear�ilined, custom, in-f�ouse-developed curriculum will be taught. City-specific exercises focus only on functions requirecl (or job performance and specify our network and security structure. • Train the trainer sessions will be conducted by CompUSA and City staff to familiarize vendor instructors with the curricu{um they will be teacl�ing. e Training will occur on-site in training laboratories at Po(ice and the Munici�al Services Buildings. The Municipa) Services Building (MSB) will have one (1) permanei�t training lab and two (2) temporary (abs in convertec� conference rooms, ai�d Police will have one (1) permanent fab and one (1) converted conference room temporary training lab. • It will be necessary to provide personal computers (PCs), to be used for training, in the temporary MSB training rooms. A seF�erate agenda item is being brought forward requesting the purchase of PCs to be used for MSB training. These PCs are budgeted as part of the City Hall PC upgrade, and they will be relocated to City H�II foflowing the cornpletion of the contract training program. • The Police temporary training r�oms will be equipped with Police PCs (which have already been approved for purchase by the Commission) and will be relocated to user's desk tops upon completion of the contract training. o A joint goal of Information Management. and Hurnan Resources this year is to develop and implement measurement tools to evaluate employee computer skills. The proposed training project is in keepin� with this goal. After all users have cornpleted this basic training, a profiency test will be given to determine project success . � After completion of the project, PC classes will continue to be conducted on a rnore lirnited scale by in-house staff for individuals with the following needs: . . . Remedial work for anyone not passing the proficiency 1v�ore advanced features of the software Additional software not covered in the project • Information Management staff researched various alternatives before selecting a commercial vendor. Hillsborough Cornmunity College, Pasco-Hernando Community College, University of South Florida and PTEC were all unable to provide this training service. St. Petersburg Junior College was unable to provide the service at a competitive price. • Funds for computer training �re available in the following codes: li�for-mation Management: Police: $30,975 $26,100 315-94603-5 30300-000-000 O 10-0114 5-5 5 73 00-5 21-000 • Other costs associated witf� this project include printing course materiats, estimated at $ 850.00 for the Police and $1000 for Municipa) Services Building employees. � O A a �-, � � H TL H � a a a �" a . 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O O tll 111 N f'1 .-1 r1 Ao °o a °o o a o 0 cx o 0 0 0 a �n �n u► �n E 0 0 0 0 0 u O O O O O p O O �-7 O O Lfl l(1 IQ ao t+ m m H � N .�-� � Q o 0 0 0 A . . � � � � rs: m o, rn o, w� w .r a� a N � Q i] Ca A 0 0 a �o 0 0 � � � � 1 1 z z i n 0 o z z y � N H H ����� � � � � � W o 0 U r1 rl ao m H a� � � � � �-! N f�l V� o c`�. w w w � � � � � O 1 1 f 1 �J � �-1 � O M O N � a. o n fV Y N � � ri M ri 6 p P N O N q O t o p o N M w u o� Y r o n o n p O M o r O M tl a n O p r1 N . o � o � r o N o � o. � O M m r M o � O / � O � o � N � � m � f� M m �n r� .-� �-1 r1 ✓ � b T c► E � � a� � � a o z f3 � w � t+7��z�� t•� o � a° � � ���A �� �� A A � � 1 w -�a z z «� .I � a � o� �� � �r� �� SIIBJECT: Clearwater City Commission Agenda Cover Memorandum ttem � -. Meeting Datet � _��� •�� � _ .. ..,.._...._ - ,�._.._. Board of Trustees of the Clearwater Police Supplementary Pension Plan . - _.._._. RECOMMENDATIONfMOTION: Re-appoint William S. Schwob to the Board of Trustees, Clearwater Police Supplementary Pension Plan. ❑ end that the appropriate officials be authorized to execute same. ..�.� BACKGROUND: In keeping with the provisions of Florida Statute 185.05, which states in part..." the board of trustees shall consist of five members, two of whom, unless otherwise prohibited by law, shall be legal residents of the municipality, who shall be appointed by the legislative body of the municipality..." On December 13, 1993 Williarn S. Schwob (2574 Sweetgum Way West, Clearwater) was appointed by the City Commission to serve on the Board of Trustees of the Police Supplementary Pension for a period of two years. Mr. Schwob has stated that he will accept re-appointment. Revietix.�d by: Originating Dept: Costs: Comnission Action: legal N/A Police Total ❑ Approved Budget N/A ❑ A roved w/conditions Purchasing N/A PP Risk Mgmt. ��a User D t- Current Fiscal Yr. O Denied C1S N/A ❑ Conti�ued to: ACM ` Ftnding Source: , Other ` l7 Capital Imp. Adve�tised: � Operating Attachments: Date: � Other - Paper: �' � Not Required Submitt ,.by: ! ;i� Affected Parties � None �. l7 Notified Appropriation Code: C�' '� �� � t C�--- � Not Requi red Cit on ger ��.� Printed on recycled paper N,� ��, R t `t� � � '�'�t a � � � � CLEARWATER CTTY CQMMISSION Agend� Cover Memorandum . � > _ � i tcm # Meeting Date SUBJECT: Lease of City-owned property at 1435 South Greenwood Avenue. .� �.� ��. RECOMMENDATION/MOTION: Approve a iive year lease with Peerless Supply, Inc. of City-owned property legally descrik�ed as the West 157 f eet of Lot 7, A. H. DUNCAN'S RESUBDIVISION, a/k/a 1435 South Greenwood Avenue, for total minimurn rent of $11,460.00, payable $191.00 per month during the initial lease year, adjustable annually thereafter with the National Consumer Price Index (CPI), with minimum increases of 2o and maximum increases of 5% annually, �] and that the appropriate officials be authorized to execute same. SUMMARY: s Peerless Supply, Inc., a wholesale plumbing and water equipment supplier, has leased the 1G5' X 157' vacant �arcel lying west af and adjacent to the City's South Greenwood water storage tank since 1972 for o�en storage and parking. ► The current three year lease which expires Ju1y 31, 1996 increased total annual rent 170 over the lease term. ► Initial year rent of th� pro�osed five year le�se renewal increases annual rent 2.50 over 1995 commensurate with the published CPI for that year. Future CPI's will govern annual rent adjustments with minimunt increases af 2o and maximum increases of 5o annually. ► The Lessee improved the site with asphalt �aving and chain link fencing in the late 70's, and is responsibl.e for all maintenance, taxes and insurance. ► Lessee has the option to renew this lease agreement for an additional 5 year period upon mutually agreeable terms and conditions and subject to the Lessee not being in default under the terms and provisions of this lease. ► The City may terminate the lease upon providing G� day written notice that the property is required for other municipal purposes consistent with the City Charter. ; Reviewed by: ; i i i � ' Originatin9 Dept. { ; Costs: N/A f Comnission Action � i Legal �_ ; Engineering ,� i � i � � + ' (Current FY) ; Approved ' '�I 1- � I i Budget N/A ; / b� " i i i ' � Usrr Dept. —T ; Funding Source: ; Appreved ' � Purchasing N/A ; ; ; w/conditions ` � � ; Capt. Imp. ' ' � Risk Mgmt. W`� � ; i �enied � iIS N/A i Advertisr.�d: i OpePaClrlg I Cont'd to � � i D�te: i Othe�' � � i ACM ; --•-- i i i � ENG. "� , j Paper: �_ � Appropriation CodeCs) ii Attachments: � � t � Not re:�uired X ; i lease Agreement � � OTHER Ij N/A - i ; � Locatar Map i ' �'�� ' Aftected ;�arties i i ; Submitted by: ; notifierl ' � � � , � 'i i I � ; City M�n�ger ; Nut required X ., i i � � , i _�_ ____ � .�._�__.. . _._._-� �— i Peer96.Agn LE�1SE �G1ZLI�,1l�ENT THIS LEASE AGREEMENT is rnade and entered into this day of , 1996, by and between the CITY OF CLEARWATER, a Florida Municipality, he— r n called the "Lessor", and PEERLESS SUPPLY, INC., a Florida Corporation, herein called the "Lessee". This agreement represents the whole and entire agreement between Lessor and Lessee and t5e following articles and sections are herein incorporated: Article I. Article II. Article III. Article iV. Section Section Section Section Section Article V. Sectian Section Article VI. Article VIi. Article VIII. Section Section Section Section Article IX. Section Section Section �rticle X. Article XI. Article XII. Section Section Section Section Article xIII. Article XIV. Article XV. Section Section Section Section Section 1. 2. 3. 4. 5. 1. 2. 1. 2. 3. 4. 1. 2. 3. l. 2. 3. 4. l. 2. 3, 4. 5. ARTICLES TITLE TERM LEAS EHOLD RIGHTS AND RESPONSIBILITIES Use of Premises Maintenance of Premises Repair and Improvements Utilities Quiet Enjoyment LEASE RENTAL PAYMENTS AND FEES Rental Payments Late Fee ExCLUSIVE LEASE TA}� E S INSURANCE Minimum Scope of Insurance Minimum Limits of Insurance Additional Named Insured Verif ication of Coverage CASUALTY DAMAGE TO PREMISES Reparable Damaqe Catastrophic Damage Waiver of Recovery Riqhts I,IABILITY AND INDEMNIFICATION AMERICANS WITH DISABSLITIES ACT NON-DISCRIMINATION No Exclusion Frorn Use No Exclusion From Hire Observation of Various Laws Breach of Nondiscrimination Cavenants DISCLAIMER OF WARRANTIES ASSIGNMENT OF LEASE DEFAULT AND TERMINATION Termination By Lessee Terrnination By Lessor Exercise Removal of Property Causes of Breach and Waiver 1 Article XVx. Section Section Section Article XVII. Arti.cle XvIII. ENVIRONMENTAL MATTERS 1. No Warranties By Lessor 2. Lessor Held Harmless 3. Radon Gas Advisory NOTICE EFFECTIVE DATE W I T N E S S E T H: WHEREAS, the Lessor has ownership of and control over the use of the City-owned structures and premises now known as 1435 South Greenwood Avenue, Clearwater, Florida 34616; and WHEREAS, Lessee desires to use such premises for private business purposes; and W�iEREAS, I,essor desires to lease out such premises; NOW, TNEREFORE, in consideratian of the Premises and the mutual covenants contained in this Agreement, the Lessor and Lessee hereby agree as follows: � ARTICLE I. TITLE The title of this lease is the Peerless Supply, Znc. lease. ARTICLE II. TERM The term of this lease shall be for a period of Five (5) years commencing on the First day of August, 1996 and continuing through the 3lst day of July, 2001 (the Termination Date), unless earlier terminated under the terms of this agreement. Lessor ext�nds a first option to Lessee to renew this lease agr�ement for an additional Five (5) year lease period, upon mutually agreeable terms and conditions, and subject to Lessee not being in default under the terms and provisions of this lease. ARTICLE III. LEA5EHOLD The Lessor leases to the Lessee the following described property, including all improvements thereon, located in Pinellas County, Florida, to wit: The West 157 feet of Lot ?; A. H. DUNCAN'S RESUBDIVISION of the W 1/2 of the NE 1/4 of Section 22, Township 29 South, Range 15 East, according to the map or plat thereof as recorded in Plat Book 5, Page 26, of the Public Records of Pinellas County, Florida, said property also being known as 1435 South Greenwood Avenue, Clearwater, Florida 2 ARTICLE IV. RIGHTS ANQ RESPONSIBILITIES Section 1. Use of Premises. a. Lessee shall use the demised premises adjacent plumbing supply business primarily plumbing fixtures and supplies, partly in temporary sheltered storage facilities, with a consisting of approximately the West 40 feet parking, and for no other purpose. in conjunction with Lessee's ; for the purpose of storinq open storage and partly in small portion of the property to be utilized for employee b. Lessee covenants and agrees to make no unlawful, improper or offensive use of the leased premises. At the termination of this lease, Lessee agrees to return the premises to the Lessor in as good condition as at the effective date of this agreement, subject only to normal wear and tear. Section 2. Maintenance of Premises. The Lessee shall properly maintain the leasehold in a clean and orderly condition. Section 3. Repairs and Improvements. a. Lessee may make whatever repairs, alterations and irnprovements to the premises it deems necessary, providing that the City Manager of Lessor first agrees in writing to any such actions to repair, alter or improve the premises. If the property's physical condition falls into a state of disrepair in the opinion of the City Building �fficial, the Lessor may terminate this Agreement upon fifteen (15) days written notice. b. Repairs, alterations or improvements attached to the premises shall become the property of Lessor upon the termination or expiration of this lease or any extension hereof unless otherwise indicated by Lessor. c. In no event shall Lessor or any of Lessox's property be liable for or chargeable with any expense or lien for work, labor or materials used in the premises, or any improvements, repairs, or alterations thereof. Section 9. Utilities. Lessee shall pay all bills for electrical and utility services before such bills become delinquent. Section 5. 4uiet Enjoyment. Upon payment the rents herein required, and upon observing and perforninq the covenants, terms and conditions required by the lease, the Lessee shall peaceably and quietly hold and enjoy the leased premises for the term of the lease without hinderance or interruption by the Lessor. �3 ARTICLE V. LEASE RENTAL PAYMENTS AND FEES Section 1. Rental Payments. The Lessee hereby covenants and agrees to pay to Lessor rental therefore in the total sum of not less than Eleven � Thousand Four Hundred Sixty and---NO/100's---Dollars ($11,460.00), payable in Sixty (60) monthly installments of $191.00, plus any applicable sales taxe� due thereon, commencing on the lst day of August, 1996, and due and payabie on the lst day of each and every month th�reafter during the full term of the lease until the total rental hereunder has been paid in full. The foregoing minimum rental payments are calculated based on initial lease year annual rental of $2,292.00. The initiaZ lease year rental shall be adjusted upon each succeeding anniversary date of lease commencement commensurate with the U.S. Department of Commerce "Kational Consumer Price Index" for all urban consumers, U. S. city average ("CPI-U" ) indicator published in the first month of each anniversary year for the previous full year; provided, however, that the new succeeding year annual rental shall in no case be increased less than 2� nor more than 5a above the previous lease year annual rental. Section 2. Late Fee. It is further understood and agreed between the parties hereto, that if default is made in the payment of rent as above se� forth, or any part thereof, and if any installment of rent shall remain unpaid for ten (10) days, whether said rent accrued before or after the expiration of this lease, Lessee agrees to pay in addition to the monthly rental due, a late fee equal to ten percent (10%) of the monthly rental due. ARTICLE VI. EXCLUSIVE LEASE In consider.ation of the promises and covenants set forth herein, Lessor hereby grants to Lessee and Lessee accepts from Lessor, this exclusive lease, right and privilege to use the property described herein. ARTICLE VII. TAXES Lessee agrees to pay any real property taxes that may be assessed and levied on the property or on the leasehold created by this document. Any taxes due for a portion of any year shall be prorated between the parties. ARTSCLE VIII. 7NSURANCS Lessee shall procure and maintain during the term of this Agreement insurance against claims for injuries to persons or damage to property which may arise from or in conneetion with this lease. Section 1. Minimum Sro,pe of Insurance. A Comprehensive General Liability policy and Fire Insurance palicy covering the leased premises and Lessee activities occurring thereon sha11 be obtained and maintained in force by the Lessee. 4 Section 2. Minimum Limits of Insurance. Comprehensive General Liability Insurance procured in accordance with this article shall have minimum coverage limits of $1, 000, 000 with respect �o personal injury or death to any one (1) person and with respect tc personal injury or death arising out of any one (1) occurrence; and $100,000 with respect to property damage arising out of any one (1) occurrence. FUrther, Lessee shall, from and after the Commencement Date, keep insured the building(s) upon the premises against loss or damage by fire and wi�ndstorm and other covered c�sualties with what is generally termed in the insurance trade as "extended coverage.�' Said insurance shall be maintained in an amount equal to the full insurable value of the building(s) . All such policies shall be carried in companies licensed to do business in the State of Florida. Section 3. Additional Named Insured. Each insurance policy issued as a requirement of this agreement shall name the City of Clearwater, Lessor, as additional named insured. The coverage shall contain no special limitations on the scope of the protection afforded to the Lessor, its officials, employees or volunteers. Section 4. Verification of Coveraqe_ Lessee shall furnish the Lessor with Certificates of Insurance with all endorsements affecting coverage required by this article. These forms shall be received and approved by the Lessor's Risk Manager before execution of this Lease agreement by authorized City officials. ARTICLE IX. CASUALTY DAMAGE TO PREMISES Section 1. Reparable Damaqe. Any time the building or premises is damaged or destroyed to the extent that the Lessee cannot therefore conduct its activities and the Lessor determines that the demised prernises can be restored by making appropriate re�airs, Lessee shall effect such repair� expeditiously �and to the satisfaction of the City's Building Official. A $2,000 bond to guarantee the completion of such restoration shall be posted with the Lessor by the Lessee upon the execution of this lease by both parties to this agreement. Section 2. Catastrophic Damac�e. In the event of total destruction of or catastrophic damage to the demised premises, the Lessee or Lessor may terminate this lease as of the date of such damage or upon thirty (30) days written notice to the other party to this lease. Section 3. Waiver of Recovery Rights. Both parties waive any and all rights of recovery against the other party for any direct or indirect loss occurring t� the demised prernises in the event of damage categorized in Sections 1 a�d 2 above which is covered by insurance. 5 ARTICLE X. LIABILITY AND INDEMNIFICATION Lessee agrees to assume all risks of the Premises and all liability therefore, and shall defend, indemnify, and hold harmless the Lessor, its officers, agents, and employees from and against any and all loss, liability and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property except arising from the negligence or willful misconduct of Lessor or Lessor's ayents or employees. This includes, but is not limited to, matters arisinq out of or claimed to have been caused by or in any manner related to the Premises or Lessee's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authori2ed, or permitted by Lessee in or about the Premises whether or not based on negligence. ARTICLE XI. AMERICANS WITH DISABILITTES ACT Lessee hereby affirms its intention to take any and all such actions that are reasonable and prudent to comply with the Americans With Disabilities Act of 1990 (known as the "ADA"). These would include modifications to the structure, revisions in operations and supporting communications capabilities and procedures and changes in functional location and layout. ARTICLE XII. NON-DISCRIMINATION Notwithstanding any other provision of this lease agreement, during the performance of this agreement, Lessee for itself, personal representatives, successors in interest and assigns, as part of the consideration for this agreement, does covenant and agree that: Sectia� 1. No Exclusion From Use. No person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the use of the premises on the grounds of race, color, religion, sex, handicap, age, or national origin. Section 2. No Exclusion From Hire. In the construction of any improvements on, over, or under the premises, and the furnishing of services therein or thereon, no person shall be excluded .from participation in, denied the benefits of, or otherwise be subjected to discrimination on the grounds of, or otherwise be subjected to discrimination on the grounds of race, color, religion, sex or national origin. 0 Section 3. observance of v�rious Laws. The Lessee shall observe the following laws: Section I of the 14th Amendment, The Equal Pay Act, The Civil Riqhts Acts of 1866 and 1870, the Vietnam Era Veterans Readjustment Act, the standards of Merit System Personnel Administration, Executive Order 12246 as amended, the Age Discrimination Act of 1967, the Rehabilitation Act of 1975, Executive Order 11914 and the Americans With Disabilities Act of 1990. Section 4. Breach of Nondiscrimination Covenants. In the event of breach of any of the above nondiscrimination covenants, which breach has been f inally adjudicated by an appropriate agency or court of law, the Lessor shall have the right to terminate this lease and to re-enter and repossess the premises and hold the same as if said agreement had never been made or issued. This provision does not become effective until the procedures of 49 Code of Federal Regulations ("CFR") Part 21 have been followed and completed, including expiration of appeal rights. ARTICLE XIII. DISCLAIMER OF WARRANTIES Thi� Agreement constitutes the entire Agreement of the parties on the subject hereof and may not be changed, modified or discharged except by wxitten Amendment duly executed by both parties. Lessee agrees that no representations or warranties shall be binding upon the Lessor unless expressed in writing herein or in a duly executed Amendment hereof . Further, Lessor does not warrant and hereby disclaims any and all liability and responsibil�ty for or on account of the condition of the Premises, or any portions thereof, or for or on account of anything affecting such conditions. ARTICLE XIV. ASSIGNMEPIT �F I,EASE This Lease, or any part thereof or interest therein, may not be assigned, transferred or subleased by Lessee w�thout the consent of the Lessor, which consent shall not unreasonably be withheld. It is understood and agreed that the Lessor may, at any time, with notice, assign or delegate any or all of its rights hereunder. ARTICLE XV. DEFAU�,T AND TERMINATION Section 1. Termina�ion by Lessee. This Agreement shall be subject to termination by Lessee in the event of any one or more of the following events: a. Material default by the Lessor in the performance of any of the terms, covenants or conditions of this agreement, and in the failure of the Lessor to rernedy, or undertake to remedy, to Lessee's satisfaction, such default €or a period of thirty (30) days after receipt of notice from Lessee to remedy the same. 7 �. Lessee determines some casualty that it is premises. that the Premises are so extensively damaged by impractical or inequitable to repair such leased Section 2. TArmination by Lessor. This Agreement shall be subject to termination by the Lessor in the event of any one or more of the following events: a. The material default of nonpayment by Lessee as governed by Florida Statute Chapter 83.20. b. The material default by Lessee in the performance of any of the terms, covenants or conditions of this Lease Agreement, other than nonpayrnent, and in the failure of the Lessee to remedy, or undertake to remedy, to Lessor's satisfaction such default for a period of thirty {30) days after receipt of notice from Lessor to remedy same. c. The LESSOr determines at a duly constituted City Commission meeting that the building or property (said premises) is needed for other municipal services consistent with the City's charter, and serves Less�e with sixty (60) days notice of such intended use. d. Lessor determines that the premises are so extensively damaged by some casualty that it is impractical or inequitable to repair such leased premises. e. Lessee's vacating or abandoning the premises. Section 3. Exercise. Exercise of the rights of termination set forth in Sections 1 and 2 above shall be by notice to the other party. Forbearance of timely notice shall not be deemed a waiver of any breach. Section 4. Removal of Property. Upon termination of this agreement for any reason, Lessee, at its sole expense, shall remove from the Premises all siqns, trade fixtures, furnishings, personal property, equipment and materials which Lessee was permitted to install or maintain under the riqhts granted herein. Lessor may effect sucli removal at Lessee's expense should Lessee fail to remove said installed property within thirty (30) days notice. Lessee agrees to pay Lessor promptly in the event of such circumstance upon presentation of a proper invoice. Section 5. Causes of Breach and Waiver. a. Neither party shall be held to be in breach of this Agreement b�cause of any failure to perform any of its obligations hereunder if said failure is due to any cause for which it is not responsible and over which it has no control; provided, however, that the foregoing provision shall not apply to a failure of Lessee to provide the amounts of insurance contained in Article VII of this Agreement. b. The waiver of any breach, violation or default in or with respect to the performance or observance of the covenants and conditions contair,Pd herein shall not be taken to constitute a waiver of any subsequent breach, violation or default in ar with respect to the same or any other covenant or condition hereof. : ARTICLE XVI. ENVIRONMENTAL MATTERS Section 1. No warranties By Lessor. Lessor has made no investigation of environmental matters with respect to the Subject Property and makes no representations or warranties to buyer as to environmental matters with reference to the Subject Property. Section 2. Lessor Held Karrnless. Lessee agrees to indemnify, defend and hold Lessor, its officials, employees and agents harmless from any claims, judgements, damages, fines, penalties, costs, liabilities (including sums paid in settlement of claims) or Ioss, including attorneys' fees, consultants' fees, and experts' fees which arise during or after the term or any renewal term in connection with the presence or suspected presence of toxic or hazardous substances on or within the property improvements, the soil, c�roundwater, or soil vapor on or under the Premises, unless such toxic or hazardous substances are present solely as a result of the negligence or willful misconduct of Lessor, its officials, employees or agents. Without limiting the generality of the foregoing, this ind�mnification shall also specifically cover costs in connection with: a. toxic or hazardous substances present or suspected within the property improvements, the �oil, groundwater under the Premises before the date hereof; or to be• present on or or soil vapor on or b. toxic or hazardous substances that migrate, flow, percolate, diffuse or in any way move into, onto or under �he Premises after the date hereof; or c. toxic or hazardous substances present within, on or under the Premises a.s a result of any discharge, dumping, spilling (accidental or otherwise) onto the Premises during or after the term or any renewal term by any person or entity. Section 3. Radon Gas Advisory. As required by Section 404,056(8), Florida Statutes, the Lessee shall take note of the following: RADON GAS: Radon is a naturally occurrinq radioactive gas that, when it has accumulated in a building in sufficiPnt quantities, may present health risks to persons who are exposed to it over timP. I,evels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testinq may be obtained from your county public health unit. ARTICLE XVII. NOTICE Any notice given Uy one party to the other in connection with the Lease shall be sent by certified m�il, return receipt requested, with postage and iees prepaid: � 1. If to the Lessor, addressed to: City Manager City of Clearwater P. O. Box 4748 Clearwater, Florida 34618-4748 2. If to the Lessee, addressed to: Peerless Supply, Inc. 1419 South Greenwood Avenue Clearwater, Florida 34616 ARTICLE XVIII. ATTORNEYS FEES In the event that either party seeks to enforce this agreement or to interpret any provision of this agreement, by law or through attorneys-at- law, or under advice therefrom, the parties agree that all costs includinq attorneys fees be awarded to the prevailing party. ARTICLE XIX. EFFECTIVE DATE The effective date of this lease shall be the First day of August, 1996. IN WITNESS WNEREOF, the parties hereto have set their hands and seals this day of , 1996. Signed, sealed & delivered in the presence of: Print na e �� �.. � Print n me�r 5���, � � � Countersigneci: Rita Garvey, Mayor-Commissioner Approved as to form and correctness: John A. Carassas Assistant City Attorney PEERLESS SUPPLY, TNC. ,,. % � � � gY f ���/'%�_',.. . L , �� William '. Kodros Vice President/General Manager CITY OF CLEARWATER By: Elizabeth M. Deptula, City Manager 10 Attest: "Cynthia E. Goudeau, City Clerk i i � �7 / � � � c � i �� I r ' � �+ �� ~� ;���. a � t�'� � ' t A� SUBJECT: {tem # ��/ � CLEARWATER CITY COMMISSION � Meeting oate Agenda Cover Memorandum � �""� �_� � J�� `� � Temporary parking facility lease with Clearwater Newspapers, Inc. RECc3MMENDATIONiMOTION: Approve a lease agreement with Clearwater Newspapers, Inc., a Delaware Corporation, to lease 75 paved parking spaces, to be restriped by City staff, within a portion of Blocks 9 and 10, AIKEN SUBDIVISION, for $750.00 per month for a term of ten (10) months commencing April 1, 199G and terminating January 31, 1997, with total maximum rent of $7,500.00, plus $810.00 to erect and remove security fencing, for a total estimated cost of $8,310.00, �J and that the appropriate officials be authorized to execute same. SUMMARY: � The lease premises will provide 75 paved parking spaces less than a block east of the new Municipal Services Building for City employees during construction of the new MSJPS complex parking garage. ► The lease terrn will be from April �, option by either party to terminate at written notice to the other. 199G through January 31, 1997, with the any time upon providing sixty (GO) days ► Monthly rent will be $750.00, calculated at $10.00 per parkir�g space. r As additional consideration, the City will re-stripe the existing spaces and contract West Coast Fencing to erect and later remove a chain link fence to screen loading docks at the former "dairy building" (815 Pierce Street) to prevent pedestrian access. Lessor has the option to purchase the fencing at City cost upon lease termination. ► The City will be responsible for all mainterlance and utilities during the lease term. ► During the lease term the City will maintain public liability insurance, including bodily injury and property damage to the maximum limits provided in Section 768.28, Florida Statutes. � Funding for this lease agreement is available in Capital Improvement Project 315-94602, Municipal Services/Public Safety Complex. Revieued by: Legal '�� Budget `/L=� Purchasing NA Risk Mgmt. �'�� � IS NA i — i i ACM � ENG. � i OTHER J NA �.,�•, i i Submitted by: , � City Managei`G��� �,'Z-�-� , 1`' i HonrslLs.A �7n i � � � ' Originating Dept. � Costs: g8,,310.�0 ; Co�m�ission Action ' i Engineering .ir ; i � I ;'f i (Current FY) g5,655.00 � Approved i , � �� ! • , � i i Use� Dept. ��` i Funding Source: i Approved i � � , w/conditions i � � Capt. lmp. X � � i i ; Denied � i Advcrtisc�: i Operating i I � � ; Cont�d to � � Date: � Other _ � � i i i � Paper: � i � i i Appropriation Code(s) � Attachments: i ' Nut required X ' ; Lease Agreement (with insurance' i � 315-94602-54G200-519-000 ; lette�s 8 Florida Statute � i Affected parties ' � 768.28 attached) ' ; notificd i ; Locator Map � Not required X i � i �� LEASE AGREEM�NT THIS LEASE AGREEMENT is made and entered into this day of , 199 6( the "Lease Date" ), by and betwe�n CLEARWATER NEWSPAPERS, INC., a Delaware Corporation, 250 West 55th Street, New York, New York 10019, ATTN: Brian Schwagerl, Esquire, herein called the "Lessor", and the CITY OF CLEARWATER, FLORIDA, a MUnicipal Corporation organized and existing under the laws of the State of Florida, herein called the "Lessee". W I T N E S E T H: WHEREAS, the Lessor has ownership of and control over the use of real property and structures known as Newspaper Realty Company of Clearwater, having a mailing address at P. O. i3ox 2462, Clearwater, Florida 34617-2462, and wHEREAS, the Lessee desires to use a portion of such real property for non-commercial parking purposes by its employees, hereinafter the "premises"; and WHEREAS, Lessor desires to lease out such premises; NOW, THEREFORE, in consideration of the Premises and mutual covenants contained in this Agreement, the Lessor and Lessee hereby agree as follows: SECTION ONE DESCRIPTION OF PROPERTY Lessor leases to Lessee a total of 75 existing and striped, unmetered parking spaces located upon Lessor's property legally described as follows: AIKEN SUBDIVISION, Bl�ck 9, Lots 1 through 10, and Block 10, Lot 15 less the South 5 feet, and all of Lots 16 throuqh 25, and Lot 26 less the East 5 feet, also vacated alley between Lot 20 and Lots 15 through 19 running North & South, as recorded in P1at Book 14, Page 45, in the Public Records of Pinellas Covnty, Florida, LESS AND EXCEPT those �ive parking spaces along the south side of Franklin Street closest to its intersection with South Myrt12 Avenue, for use of Lessor's employees. Paqe 1 of 6 SECTION TWO R£NT/TERM Lessee shall pay as monthly rental to Lessor the sum of Seven iiundred Fifty and--NO/100's--Dollars ($750.00) payable in advance on the lst day of April, 1996, and like sum monthly thereafter on the lst day of each succeeding month thereafter until the total rent due hereunder shall have been paid in full. The term of this lease shall extend a total of ten (10) months from April 1, 1996 through January 31, 1997, unless earlier terminated as provided in Section 9 hereof. SECTION THREE OSE OF PREMISES Lessee shall use the demised premises only as parking for its employees ciuring the term and operation of this agreement, and for no other purpose. SECTION FOUR ADDITI02JAL CONSIDERATION BY LESSEE As additional consideration for the grant of this Lease, Zessee shall, at its expense, a. Re-stripe the 75 defined parking spaces leased hereunder, and make any repairs as may be required to parking area to assure safety of Lessee's employees. b. Provide and install chain link fencing of docking areas, �.o be removed at Lessee expense upon termination of this agreement. Lessor shall have the option, however, of purchasing the fencing at Lessee cost upon termination. c. The Lessee shall be solely responsible for the security of the parking lo�. SECTION FIVE QUIET ENJOYMENT Upon payment of the rents herein required, and upon observing and performing the covenants, terms and conditions required by the lease, the Lessee shall geaceably and quietly hold and enjoy the leased premises for the term of the lease without hinderance or interruption by the Lessor. SECTION SIX SUBLEASE OR ASSIGNMENT The leased premises shall not be sublet in whole or in part, or this lease assigned or transferred, without the prior, express, and written consent of the Lessor. Page 2 of 6 SECTI�N SEVEN INDEMNIFICATION Lessee shall save and hold harmless the Lessor, its successors and/or assigns, from any and all liability arisinq during the I,ease Term, from injury to person or property occasioned wholly or in part by any negligent act or omissio� of the lessee or Lessee's servants, agents and employees in use of the premises described herein. The Lessee shall not be liable for any negligence of the Lessor, its servants, agents, employees, successors or assigns. The total amount to be indemnified by the Lessee in any event under any circumstances shall not exceed the statutory limits set forth in Section 768.28, Florida Statutes, together with any excess liability insurance coverage purchased by Lessee which would respond to the loss. SECTION EIGHT INSURANCE Lessee shal.l, maintain, or provide through self-funding, throughout the Lease Term at Lessee's sole expense, public liability insurance, including bodily injury and property damage equal to the maximum limits of liability provided for in Section 768.28, Florida Statutes, plus any excess liability insurance coverage that Lessee may choose to purchase. Any policies of insurance provided for herein to be carried by Lessee shall be issued by insurance companies certified to do business by the State of Florida and its insurance regulatory bod.ies, provided, however, Lessee may self-fund any risk provided for in this paragraph in lieu of purchasing any insurance coverage therefore . A letter of insurance certification executed by Lessee's Risk Manager dated January 18, 1996 showing insurance coverage presently in force is attached hereto and made a part hereof. Lessee does not guarantee renewal of the insurance coverages described therein. In the event said aforementioned insurance shall be canceled or expires, Lessee shall notify Lessor in writing thirty (30) days prior to such cancellation or expiration. SECTION NINE DEFAUI,T AND TERMINATION A. Termination by Zessor: This agreement shall be subject to termination by Lessor 1) in the event of material default by Lessee in the performance of any of the terms, covenants or conditions, and in the Failure of Lessee to remedy, or undertake to remedy, to Lessor's commercially reasonable satisfaction such default for a period of 30 days after receipt of notice from Lessor to remedy sarne, or 2), in the event Lessee shall abandon or vacate the premises. B. Termination by Lessee: This agreement shall be subject to termination by Lessee in the event of rnaterial default by Lessor in the performance of any of the terms, covenants or conditions, and Page 3 of 6 in the failure of Lessor to remedy, or undertake to remedy, to Lessee's commercially reasonable satisfaction such default for a period of 30 days after receipt of notice from Lessee to remedy same. C. Termination by either party: The parties mut�ally covenant and agree that this agreement may be terminated by either party at any time during the lease time by delivery of sixty (60) day written notice to the other of the intent to terminate. Upon receipt of such notice by either party, Lessee shall have 60 days in which to vacate the premises and release its leasehold interest to Lessor. D. Exercise: Exercise of the rights of termination set iorth in this Section shall be by notice to the other party. Forbearance of timely notice shall not be deemed a waiver of any breach. SECTION TEN NOT�CE Any notice given by one party to the otrier in connection with the Lease shall be sent by certified mail, return receipt requested, with postage and fees prepaid: 1. If to the Lessor, addressed to: Mr. Brian G. Schwagerl, Esq. Facilities Planning Dept. The Hearst Corporation 250 West 55th Street New York, New York 10019 2. If to the Lessee, addressed to: City Attorney City of Clearwater P. O. Box 4748 Clearwater, F1. 34618-4748 SECTION ELEVEN GOVERNING LAW It is agreed that this lease shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. SECTION TAELVE EFFECT OF PA.RTIAL INVALIDITY The invalidity of any portion of this lease will not and shall be deemed to affect the validity of any other provision. In the event that any provision of this lease is held to be invalid, the parties agree that the remair�ing provis�.ons shall be deemed to be in full force and effect as if they had been executed by both parties subseq�ent to the expungement of the invalid provision. Page 4 of 6 SECTION THIRTEEN BINDING EFFECT The rights and obligations under this lease shall inure to the benefit of and shall be bindinq upon the successors and assigns of Lessor and Lessee. SECTZON FOURTEEN TIME OF THE ESSENCE It is specifically declared and agreed that time is of the essence of this lease. This lease of which shall together shall SECTION FIFTEEN C�UNTERPARTS may be executed in any number of be deerned to be an original, constitute but one and the same SECTION SIxTEEN ATTORNEY FEES In the event either party hereto files any covenant of this lease, or for breach of lease, the party adjudged to be the defaultin reasonable attorney fees, as fixed by the defaulting party. SECTION SEVENTEEN ENTIRE AGREEMENT counterparts, each but all of which instrument. an action to enforce any covenant of this g party shall pay the court, of the non- This lease contains all of the terms, conditions and covenant� binding the parties hereto. There shall be no other terms, conditions, covenants or understandings, either written or oral, binding upon the parties unless expressed herein in writing, or subsequently addended hereto by mutual agreement of the parties. IN WITNESS WiiEREOF, the undersigned parties have hereunto af f ixed their hands and sea ls the day and y.ear f irst above written. Signed, sealed and delivered in the �resence of: Winnie Kelley Print name ��/`�- �% • (�' � . �?/1�- , Mary M. O�Hara CLEARWATER NEWSPAPERS, INC., a Delaware Corporation . By• . Print name Tltle TrP,�G��rPr Attest: (,� l�u Print name Jo ie W. Kin Title Secretary Print name Paqe 5 of b 0 1. ': � RE: Lease Agreement The Hearst Corporation, Lessor City of Clearwater°, Lessee Countersigned: Rita Garvey Mayor-Commissioner Approved as to form and correctness: John C. Carassas Assistant City Attorney CITY OF CLEARWATER, FLORIDA gY. �Elizabeth M. Deptula Interim City Manager Attest: Cynthia E. Goudeau city Cl�rk � Paqe 6 of 6 �'���S�,AI°""�!� �� �`.� C/J: `,v ' � � : `�-' � Q: :�"" o, ;�9 ����,�� <- �� � - :;4 TER �,,�� C I T Y O F C L E A R W A T E R Brian G. Schwagerl, Esq. Facilities Planning Manager The Hearst Corporation 250 West 55th Street New York, NY 10019 Dr. Mr. Schwagerl: PQST OFFICE BOX 47b8 CLEARWATER. FLORIDA 34618-4748 Risk Wl.�nape�t Divis�io� Tek�pf►o�e: (813) 4b2-6754 Facximilc: (A13) 462-6757 February 6, 1996 TYie City's present insurance coverage and limits ar� as follows: 1. 2. 3. Auto Liabilitv, General Liabilitv, Police Professional Liabilitv, and Public Officials Liabilitv: $100,000 per person, $200,000 per occurrence, self-insured retention, with statutory limits per Chapter 768.28, Florida Statutes. $5,000,000 Excess with self-insured retention of $500,000 with Ranger Insurance Company, effective 10/O1/95 for the policy period 10/Ol/95 through 09/30/96. Workers' Compensation: $500,000 per occurrence self-insured retention; statutory per occurrence excess with Ranger Insurance company, effective 10/O1/95 �or the policy period 10/O1/95 through 09/30/96, Buildinq, Contents and Property: $70,000,000 less $250,000 self-insured retention per occurrence. The auto liability and general liability coverage has been in force since 10/O1/94. The police professional liability has been in force since 02/O1/95, and the public officials liability has been in force since 10/O1/95. For the period 10/O1/87 through 09j30/94, the City did not have any excess liability as is the case today with most Florida cities af any size. The City has purchased workers' compensation excess coverage for a number of years. Coverage during those years has been provided by several difference companies. The City has purchased excess property insurance c ver e for a number of years. Coverage during those years ha� been provi ed b several difference companies. S'ncer y Leo W. Sch de , Esq. Risk Manag cc: Earl Barrett Carol Warren, The Arnold Companies � "Equal Employment and Atfirmative Action Ernployer" ���'S�AI���� � ��� � ,�'`'` ���'.�-� . , �- ,,i,, � ; ,� . . ,� ---� Q� o, � �� 0���,, � =�A rEa:�`',,' � ��•...ii�rii h� . •� � .��'� . , �/" C I T Y O� C L� A R'W A T ]E R, exian G. Schwagerl, Esq. Facilitiea Planning Manager The Hearst Corporation 250 West S5th Street New fork, NY 10019 Gentlemen: POST OFFICE 80X4748 CLEARWATER, FI.ORIDA 34 61 8-4 74 8 Risk �ICanaQemerrt D�Vlslon T�-t�tw�e: (etaj 4sz�rs�t Facslml{e: (813) 462-6T57 January 18� 1996 Please accept this letter as certification that the City of Clearwater is self-insured for workers' compensation, liability, and pxc�perty damage wi�h excess coverage as shown below. The City has been c�uali�ied by the State of Fiorida as a self-insured municipal government. Our State Self-Insured Audit Number is 9173. The City's insurance coverage and limits are as follows: l. Auto Liabilitv, General Liabilitv� Police Professional Liability. and Public Officials Liability: $100,000 per person, $200,000 per occurrence, self-insured • retention, with statutory limits per Chapter 766.28, Florida StatutES. $5,000,000 Excess with self-insured retention of $500,000 with Ranger InsuYance Company, effective 1OJ01/95 for the policy period 10/O1J95 through 09J30/96. ' 2. 3. Workers' Compensation: $500,000 per occurrence self-insured retention; occurrence excess with Ranger Insurance company, 10/O1/95 Eor the policy period 10/O1/95 through Buildinq, Contents and Prot�ertv: $�O,OOO,A00 less $250,000 self-insured r te ion Sin er y, Leo W, Sc ra Risk Manage� cc: Earl Barrett Carol Warren, The Arnold Cornpanies statutory per effective �9/30/96. occurrence. :,- • r, E q. � � � I � � � � � "Equal Empioymonf �nd Alfirrn,�tive Actir�n rm�ic�yer' e, t � 0 �i �7G8.28. 1V�ivcr of sovcrcign imi�iu«ily in tort actions; rccovcry • • ti�»its; limilllion on �ttorncy fecs; stalutc of timit��liuns; exclusions (1) In accordance with s. 13, Art. X, State Constitution, the state, for ' � itself and for its agencies or subdivisions, hereby waives soverei,gn ��irnmunity for liabitity for torts, but only to the exient specified in this � act Actions at 1aw against tiie state or any of its agencies or subdivi- , � sions to recover damages in tort for money damages against the state or i its agencies or subdivisions for injury or loss of property, personal ; injury, or death caused by tl�e negligent or wrongful act or omission of : any employee of the agency or subdivision while acting �vithin the scope j of his office or employment under circumstances in which the state or ' such agency or subdivision, �if a private person, would be liable to tlie : claimant, in accordance with the general )aws of this state, may be • prasecuted subject to the limitations specified 'in �his ac� Any such actio» may be brought in the county w;�ere t1�e property in litigation is �'located or, if the affected a�ency oi• subdivision has an office in such ' j�j 711 b ]�1 F.S.II—f1 ' `3J9- i . � 0 i : 0 c I' . � -. .'' L ' t � . � t ,:a � • ., �, i .!.' . �' i � c ., '. , � . � i ,, _ �• • 'i . �. i t� t .' •�. .� 3' ' 0 t � ;� i 1 � i � { c i I , ,r' � § 7G8.28 TORTS Tillc 45 counly for tl�e transaction of iks customary business, where the cause of action accrued. . (2) As used in this act, "state agencies or subdivisions" include the executive departments, the Le�islature, the judicial branch (including public defenders), and the independent establis}�ments of the state; counties and municipalities; and corporations primarily acting as instru- mentalities Qr agencies of the state, counties, or municipalities. (3} Exc�pt for a municipality, ihe affected �gency oi• subdivision may, at its discretion, request the assistance of the Uepartment of Insurance in the consideration, adjustment, and settlement of any c)aim under this act (4) Subject to the provisions of this section, any state agency or subdivision shall have the right to appeal any award, cornpromise, settlement, or determination to the court of appropriate jurisdiction. (� The state and its agencies and subdivisions shall be liable for tort claims in.the same manner and to the same extent as a private individual under like circumstances, but liability sl�all not include punitive damages or interest for tlie geriod before judgment Neither the state nor its �• agencies or subdivisions sliall be liable to pay a claim or a j�c�dgment by � any one person which exceeds the sum of $100,400 or any claim or judgment, or portions thereof, which, when totaled with all other claims • or judgments paid by the state or its agencies or subdivisions arising out of the same incident or occurrence, exceeds the sum of $200,000. How- ever, a judgment or judgments may be claimed and rendered in excess of I. these amounts and may be sektled and paid pursuant to this act up to � $100,000 or $200,000, as t,he case may be; and that pordon of the judgment that exceeds these amounts may be reported to the Legisla- � ture, but may be paid in part or in whole only by further act of the Legislature. The limitations of ]iability set forth in this subsection shall . • apply to the state and its agencies and subdivisions whether or not the , state or its agencies or subdivisions possessed sovereign immunity before July 1, 1974. . ' (6) (a) An action may not be instituted on a claim against the state or - one of its agencies or subdivisions unless the claimant presents the claim in writing to the appropriate agency, and aiso, except as to any claim against a municipality; presents sucl� clai�n in writing to the Department of Insurance, within 3 years after such claim accrues and the Depart- ment of Insurance or the appropriate agency denies the claim in wi7ting, except tliat, if such claim is �for contribution pui-suant to s. 768.31� it shall be so presented within G months after the judgment against the tort- feasor seeking contribution has become final by lapse of time for appeal or after appellate review or, if there is no such judgment, within 6 months after the tortfeasor seeking contribution h;�s either discharged the common liabili�y by paymei�t or agreed, while the action is pendin� � against him, to discharge the common liability: The fa�lure of the 400 � � ,• ,, .� .� . ; � ;. �' �� : � : ; ; ti� ► ��� �:� , :�:.w . ; � NFCLICENCE § 7G8.28 Ch. 768 Departrnent of Insurance or the apPropriate agency t,o make �ina) disposition of a clairn within 6 months after it is filed shall be ueerned a final denial of the claim for purposes of this section. The provisions of this subsection do not apply to such claims as may be asserted by counterclairn pursuant to s. ?68.14. (b) For purposes of this section, the requirements of notice to the agency and denial of the clairn are conditions precedent to maintaining an action but shall not be deemed to be elements of the eause of action and shall not affect tlie date on which the cause of action acerues. (7) In actions brou�ht pursuant to this section, process shall be served upon the head of the agency concerned and a)so, except as to a defendant municipality� upon the Department of Insurance; and the department or tl�e agency concerned shalt have 30 days within which to p{ead thereto. (�) No attorney may charge, demand, receive, or collect, for services rendered, fees in excess of 25 percent of any judgment or settlemenk ' (9)(a) No officer, employee, or agent of the state or of any of its subdivisions shall be held personally ]iable in tort or named as a party defendant in any action for any injury or damage suffered as a result of any act, event, or orriission of action in the scope of his employment or function, un)ess such officer, employee, or agent acted in bad faith or with malicious purpose or in �a rnanner exhibiting w�nton and �villful disregard of hurr�an rights, safety, or property. �However, such officer, ernployee, or agent shall be considered an adverse witness in a tort actior► for any injury or damage suffered as a result of any act, e��ent, or ornission� of -a:.tio� in the scope of his ernployment or function. The exclusive remedy fdr� injury or damage suffered as a result of an act, �`------ even ,=or tfmission�of ar. of�icer, employee, or agent of the st,ate or any of its subdivisions or constitutional o[ficers shall be by action against the governmental entity, or the head of such entity in his of�cial capacity, ar the constitutional officer of which the officer, empIoyee, or agent is an employee, unless such act or omission �vas committed in bad faith or with malicious purpose or in a rnanner exh�biting wanton and willful disregard of hurnan rights, safety, or property. The state or its subdivisions shall not be liable in tort for the acts or omissions of an officer, employee, or . agent committed while acting outside the course and scope of his employment or committed in bad faith or with rnalicious purpose or in a • manner exhibiting wanton and wiliful disregard of human rights, safety, _ � or� property� . .. , � �__ ,� • ' (h) As used in this subsection, the terrn: '�� ' � 1. "Emoloyee" inctudes any volun�eer Grefighter. 2, "Officer, em}�loyee, or agent" includes, bul is not limited to, any public defender or liis employee or agent, including, among otlze��s, ac� assista.nt public defender and an investigaLor. 901 � I �� ., t �' i �. �� � , '� . ., (� �, i ,� i � i ; I ' : S � ° b � � � � '� � ts ts �a �3 t 30 � � � � b A i � a0 4 ° °e � 5 S 7 �1� TC � �os 3 . �,. < < z ,2� 1f 1 � I,QCA'I�tJR 1��sA�' RE: LEASE AGREEMENT BETWEEN T}iE }iEARST CORPORATION � CITY OF CLEARWATER, FL. 75 PAVED PARRING SPACES ONLY �o ■ ��i I� 1�`J�i! � W � � < •x ty7� '�t � � �' Y �� � r..�S� .. s�� � 0"�' ivt/ ,� ��� . ;� 'y :�+7 �'�� � i� `.� : �,;: �r.. <�._ _ , - , ,;. ' _ '�i] �� Z.�.,� �� �. � w � 4 4 b O � z 3 4 s s 7 8 , � 2 �5 �' : 2 19 18 17 16 15 '� 13 12 11 1��i K H-- 0�c 3 4 , o ,o N r p Q � O �i . .� .. x , � � 09 ,. ' , �r 13 i' ° 28 � � � u � so� ,� ,� r ,� . � . v 14 � � 29 � • w �5 p 30 i�� � :I� �2� ..� a ,�s 6 � �� , � 14 � � °n . �2 C 8 C�URi ��d- 13 � 0 14 � � o � �°°�'vN 4 ry � 9� I N � m ��mm m � � � . � COURT q� 5�. '�, t 5 ; I t9 r+ u n�� � y Cp� =' .�`::r. .� � �I� �f.�' • 45+��� ;:l ' . '.:� I u 15 � C�8. 17 ; � � , � � , . � 3 `";: �g .�,;�`►:;� �8 `,yp ,r � � �� .:: , : ri � ,� _ ,.':`g 19 � °�� o � � � :tQ 20 � CNESi1JUT STREET R _ �.--R — � � ..._. _.._. ._.. ..._. ___. $ $ � $ o $ � 64 g $ q q a 3 Wi � � Q 0 5 20 $ 6 21 b A � % 22 w � � 8 23 '� ' �� ' � < 9 24 ,o __._ 9 >> 26 � �2 B 2� I•. . . - . . . 2�1 13 � 28 • i . � 14 O 29 ; sos 15 30.00 v�►c a/y�/s2 o� � 1t +o♦ 2 �-�- �» � 13 4 14 �oe ��J S � 15 � ' 6 16 ��o 7 = 7' u �� 8 18 � 9 f 19 0 : � . $ ii� au+�- r�r dtiil�9 " �+ ., 6S A g g $ $ o � 0 O w �. `+ w �`. � �w .��� a �' �� � Clear��ater City Commission 'tem #: �.�w��,o� Agenda Cover Memorandum Meeting Date: �� � SUB)ECT: Stee( Front-End Loading Refuse Containers RECOMMENDATION/MOTION: Award a contract for the purchase of approxim;ately 363 various sized steel front-end loading cefuse containers to Industrial Refuse Sales, Inc., Lakeland, FL, at an estimated tota{ cost of $127,58�J.00 which is the lawest responsive bid submitted in accordance with the specifications, t� and that the appropriate officials be authorized to execute sarne. SUMMARY: � The Solid Waste Department has on going requirements to replace front-end loading steel refuse containers (dumpsters) in its commercial solid waste collection operation; Recycling has a requirement to increase the number of recycling customers in its commercial program. There are approximately 2,400 steel containers in solic� waste and recycling service in the field. o The original contract with Industrial Refuse Sales, Inc. was awarded in November, 1992 . We have been consistently satisfied with the quality of their products. • While the�e are nur�erous container manufacturers located t4�roughout the nation, the transportation charges associated with the size and weight of the containers precludes serious competition from any manufacturer not located nearby. There are two manufacturers in Florida. fndustrial Refuse Sales, Inc. in Lake{and and Hesco Sales lnc. in Miami. • Solid Waste replaces containers as they become unserviceable beyond economic repair. Container Maintenance does rninor maintenance and refurbishing consisting of parts replacement, lid repair, wheel repair, sandblasting and painting to extend their usefu) life. • Ful1 scale recycfing programs continue to create a need for additional containers. • Last year, the 2 cubic yard containers received from Hesco Sales Inc. required additional painting and rework before they could be placed in the field. This offsets the savings derived from this bid. 0 The available balances in the Commerc.ia) Container Acquisition and the Recycling CartslDumpsters capital improvement projects are sufficient to provide funds for this contract. Reviewed by: Originating Department: Costs: Commission Action: Legal N/A Solid WaSte $127,580.00 ❑ Approved Budget �m �, Total ❑ Approved with Conditions Purchasing User Department: � Denied Risk Mgmt. N/A Salid WastelRecycling Current Fiscal Year ❑ Continued to: IS N/A Fu�ding Source: ACM O Capital Improvement: Other N/A Advkrtised: O Operating: �ate: 1/12/96 1/19/9 p Oiher: Attachments: ��� � Paper: PCR ��B � Bid Tab Submitted by:/ 7 C] Not Required Appropriation Code � 5tee) Dumpster Total /,r '' i� ' Affected Parties 31 S•96414-564000-534-000 Recap f t,�"" �` 'Y��L, i.r �, Notified 31 5-96804-564000-534-000 O Nane Gt Mana �e � [7 Not Required Y h '� Printed c�n rEtcycle,�d pap�r .2=. . . . � � � .. . � . . ':. CITY OF CLEARWATi3R BID 66-96 OPLNED FEBRIIA.RY 5, 1996 BID TAB ITEM NO. DESCRIPTION 1. FRONT LOADING SLANT CONTAINERS 2 CUBIC YAR.D 36 X 44 X 72 X 37 3 CUBIC YARD 42.5 X 53 :{ 72 X 43 4 CUBIC YARD 48 X 60 X 72 X 55 6 CUBIC YARD 8 CUBIC YARD 2. FRONT LOADING RFFIISE CONTAINERS 2 CUBIC YARD 38 X 72 X 34 3 CUBIC YARD 34 X 72 X 34 4 CUBIC YARD 4$ X 72 X 54 6 CUBIC YARD 8 CUBIC YARD D�LIVERY (ARO): T$RMS: SIIMMARY OF BID 66-96 BIDS SOLICITED: BIDS RECEIVED: NO RESPONSE: NO—BID RESPONSE: SUNIIrlARY OF NO BIDS DO NOT OFFER PRODUCT: SCHEDULE WILL NOT PERMIT: 15 2 5 8 7 1 FRONT LOADING REFUSE CONTAINERS HESCO SALES, INC. IND REFUSE SALES INC TAMPA, FLORIDA LAKELAND, FLORIDA 4 S UNIT UNIT s PRICE PRICE � 248,00 299.00 344.00 447.00 547.00 248.00 299.00 344.00 48g.00 597.00 30 DAYS NET 30 260.00 295.00 344.00 434.00 525.00 260.00 295.00 344.00 444.00 535.00 45 DAYS NET 3 0 :w ;' :■ ;■ I i t i i ; "r. ■_.... . CITY OF CLEARVIiATER, SOLID WASTE DEPARTMENT ,�TEEL DUMPSTER T4TALS RECAP Estimated Industriai's Size Quantities Unit Price 8 (cubic) yard* 45 $525 6 (cubic) yard* 50 $434 4 (cubic) yard 50 $344 3 (cubic) yard 75 $295 2 (cubic) yard ..�5 $260 2$� SOLID WASTE SUBTOTALS 8 (cubic) yard* 8 $525 6 (cubic) yard* 10 $434 4 (cubic) yard 1 � $344 3 (cubic) yard 30 $295 2 (cubic) yard 2( $260 .,� RECYCLING SUBTOTALS �63 DUMPSTER TOTALS *Slant style containers only. Ex#�nsions $ 23,625 21,700 17,200 22,125 16�900 1 'I 550 $ 4,200 4,340 3,440 8,850 5,200 zs 127 '' steldumps.doc ;� '� � �a ��- � � � Clearwater City �omrnission 9��,� �- � J� Agenda Cover Mernorandum � � . SUBJECT: Aluminum Front-End Loading Refuse Containers _-.� ,J �� �c���„ a: Mceting Datc: �' i�' � `F' RECOMMENDATION/MOTION: Award a contract for the purchase of approximately 55 two-cubic yard, three-cubic yard and four-cubic yard aluminum front-�nd loading refus� containers to Boone Welding, 1nc., Gainesville, FL, at an estimated total cost of $3�,850.00 whicl� is the only bid submitted +n accordance with the specifications, � and that the appropriate officials be authorized to execute same. SUMMARY: • The Solid Waste Department has recurring requirements to replace front-end lo�ding refuse containers. We have been experimenting with the replacernent of a limited number of steel refuse containers with alurninum ones since April, 1993. An aluminum container costs approxirnately double that of a comparable stee) container but thus far, in our experirnent, has been nicer looking, more durable and required less maintenance. • The only bid which fully met the specifications was received frorn Boone Welding, Inc. • Aluminum containers have been placed in areas like Clearwater Beach where experience has shown that steel containers exposed to the elements, deteriorate more rapidly. • Aluminum containers have also been placed in locations where Solid Waste or customers' employees are required to rol) out the container for dumping. Alurninum containers are approximately 65% lighter than stee! and decrease the risk of job injury as well as wear and tear on the collection vehicles. • The available balance in the commercial container acquisition capital improvement project is sufficient to provide funds for this contract. Reviewed by: Originating Department: Costs: 538,850.00 Legal N/A Soiid Waste ❑ Approved Budget Total ❑ Approved with �%%� ' � ' Conditions Purchasing User Department: ❑ Denied Risk Mgmt. N/A Solid Waste Current Fiscal p Continued to: Year I5 N/A Funding Source: ACM [?1 Capital improvcmcnt: Other N/A Advertised: ❑ Operaiirig: Date: �2 2�95 1p�� g/ ❑ oih�•r. Attachments: `. Paper: �Xj Submitted by� � ,� �7 Not Required Appropriatian Code � Bid Tab _ � ;�( , � Affected Partics 315-9G429-564000-53A-0QO ' C.�, � ,. 1 (� � (j' ❑ Nc�tified ❑ None Cit na er �`'�/`� C C7 Not Ftequir��d ' Y � Printed on recycled paper O.µh . , .. t � ':. .� - . CITY OF CL$ARWAT}3R BID 53-96 OP�D JANIIARY 10, 1996 BID TAB ITEM NO. DESCRIPTION 1 ALUMINOM DUMPSTERS - 2 YARD 1 ALtTbiINOM DIIMP3TBRS - 3 YARD 1 ALIIMINUM DDMPSTERS - 4 YARD DELIVERY: TERMS: SIIl►�iARY OF BID 53-96 BIDS SOLICITED: BIDS RECEIVED: NO RESPONSE: NO-BID RESPONSE: SIIbII�3ARY OF NO-BID RESPONSES DO NOT OFFER PRODUCT: QUA�JTSTY 35 15 5 3 1 0 2 2 ALUMINUM DUMPST�RS 800NE WELDINa, INC. �AZNESVILL�, �'LORIDA UNIT TOTAL A_ R�CE PRTCE 685,00 23,975.00 730.00 10,950.00 785.00 3,925.00 38,850.00 � �. , �. . � �� A � ��� V� �,��::.- ��� __ Clear�ater City Ca�mmission Agenda Cover Memorandum SUB�ECT: IZoll-CJff �'�ntainer Acquisition Item #: M��ting Datc: � ' I ' RECOMM�NC3ATi�NIMOYION: Award a contract for the purchase of sixteen (16) tw�nty cubic yard, s�ventecn (1 7) (hirty cubic yard and five (5) forty cubic yard stee) roll-off containers to industrial Refuse S�les, Inc,, Lakcland, FL, at an estimated tota) cost of $95,640.00 in accordance with Section 2.564(1) (b), Codc of Ordii»nces (other governmental entity), f�7 ancl that Ihe appro�iriatc of(icials be authorized to execute same. SUMMARY; • The 5o1id Waste Department would like to utilize the bid awarded to Industrial Refuse Sales, Inc. by the City of 6oynton Beach, Florida on )une 20, 1995 for its initial acquisition of stee) ro11-�ff containers. • Industrial Refuse Sales agrees to hold the prices at the same amounts bid to the City of Boynton Beach for our initial quantities. These prices are very favorable. • The Sol id Waste Departrnent has been using Industrial's products for its smaller sized steel refuse containers and has been pleased with the quality of their products. • 7he Commission approved the acquisition of two roll-off vehicles (one for solid waste and one for recycling) and authorized Solid Waste to begin providing roll-off service in the City of Clearwater. • Fundi ng in the amount of $18,870 is avai lable in project 315-96804, Recycl ing Carts/Dumpsters for the purchase of recycling containers. Funding in the amount of $16,770 is available in project 315- 96429, Cornrnercial Container Acquisition, for the purchase of solid waste containers. The balance of $60,000 wi II be provided by a first quarter budget amendment transferring $60,000 from 315- 96433, Recycling Program, to 315-96429, Comrnercial Container Acquisition. Reviewed by: Originating Department: Costs: Commission Action: Legal NIA 5olid Waste $95,640.00 � Approved Budget ��y7, �, T���� ❑ Approved with Conditions Purchasing User Department: O Denied Risk Mgmt. N.A Solid Waste/Recycling Current Fiscal Year ❑ Continued to: IS /A Funding Source: ACM � Capital Improvement: Other N/A Advertised; ❑ Operating: Date; O Other: Attachments: � City of Boynton Beach letter including Bid Tab � Industrial Refuse Sales letter, dated 2/14/96 O Roil-off Container Totals Recap Pape�; Submitted b � Not Required Appropriation Code C� Affected Parties 315-96429-5b4000-534000 Notified 315-96804-564000-534-000 ❑ NOf1P. City ager CX7 Not Required � Printed on recycled paper �. ,._., „. . � � . r'1�� .�- . Ct� � �3 ntort �ea��i . � . . Ioa � �oynrorc Bu�c�i �eauleuanf i '' = � �.0• �90�310 � ; . ,,,,� �oy:skrn Be�ach, �fot�a 33425 03Y0 ,� •�. �, ) City� (�f07� 3TS•60U0 � �Ax: �40� �a�s-�so90 JUNE 22, 1995 INUUSTRIAL REFU9E SALES P.o. Box so�5 LuA�KELAND, FL 33�07-5075 � d . Dear RepreBentative: At the Gity Comrnisaion meeting af Jun� 20, 1995, �he a�.d for ANNUAL SUPPZY 0�' M�TAL CQNTAINER�t was awarded �o your campany. Enclosed is a capy of �he tabulation sheet fa� your review. A Purchase Order w�1,k be issued on an "A� Needed",bdeis. we thank you for regponding to thia pra�eGt. 8i�erely, �._... _..,,,.,,. � i J ' dnn M ste � , � � urchasinq geri� , cjd Enclosure; Tabule►tiot� Sh�et , ccs Robert Eichorst -Director r�f Public Worke sue Kru�e -City Clerk Fiie ,�merica's C�ateseaay to ti'u �u fsrr�am ;� ; :. ,4 f ,'d a O V � H Q � � u N � r � � HM W � � � � � ( � , � � M i . a � ' Q � � � :"l Y J v � Q !� � J Q W _ � � � J y :� � » � d � 1 ti � � � � � • � � ♦ • � �- 11 {,d � W O ,A v d � � �. � cv a G�3 M •• �• (q � � 0 a�` Q r `'1 f,',1 � • � � s F-� H w � � � il lL x '1 � � � � J �r M �+ :,OJ:: M � � ♦ � � - - . . r • ♦ � i r �F ♦ y � ♦ w � • ♦ � • � w y i ♦ � y Y • ! T Y 7 y' ♦ T M ♦ � --� _—_,+----�—=---T—�—�—',,...----.-- .. .. � �--_ � Y r y � �Y r 4 � M' � i r � � M � + ~ + ~ � +� � ( �•' �� r ` ' ~�` � � - � ` Q, � • + � �' ♦ ' , � � I O + = � � 1 �w . ! Y w wr r 4 �i � M� ♦ � • ♦ • � 4 _ •_ OY _ . T + _ .. . �w � _ \J. � = w _ _ � � . 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M� �► r r � � q • • -► � � ;.� ,.. r .., � � rJ • f f � T ` � •�...'�O� .r ��'-•��L'— W� '� � + �v� . .. �, � �� �, ��y► •w • . .. � s w �i y �� � � IA III�� ♦ � _1 w a • w . _ r � �� � � � � N � � o, ' � • ~ ♦ �Y : a � ,. . I. • � � T 'f . � + 'r �`4y •SG+ � � . Q \�1 � V + � r, � a ZOfA •�� � �` T �! a • • � � • "'l '" . � � � N ♦ ,� � • ly '� • . ~ � 'r M� � h� + � � . � . Z ����m ��» _• V � � 07 • t r � � q • . �► W W,s► + u, w 5+,� • ` � F—�O +U.+:,+s,♦ . � k � . Q F� .� � . � • �Y � . � + W + � v � r .. C�! "V ,y� • .► _ � 1•�1 • � + . � �� w � y T �Y ♦ Y Y 7 M►/ 4! rt�♦ r�� � LL'�7 * u � �..�. .y„ � sa� : u � �:�`�� � < �4� • �. � ,4,.� � • � . , . � � z - � � N M •� �.� .� y. ... v� < [00� + S - E•�� �I_ • 0 r � � 0 , ' � � I` f i ': � i f i I i 9 # I III � c TO; FROM; SCJBI: DATE: PUBLiC WORKS DEPARTMENT MEMORANDUM #95-91 / �v•�,T�� '�+ '' � �� ,�Gt1 7 19rl� ��t�f` G�uM p� . Lana Koester, Puxchasing Agent ' Robert Eichorst, �'ublic Works Directoc Bid#049-394-95/CJD w Annual Supply �f Metal Containers June 6, 19�5 � have reviewed the att�ched tabutation sheet for the above mentiot�ed bid, My r�cornmendation is to award the entir� bid to Industrial Refuse S�les in Lakeland, Florida as they are the low bidder. If you have any questlans please give me a call, Thank yQU. RE/cr � � �ert ��chorst lic Works Director :■ �e� ; t � ; � 1. 2. 3. 'I`0 • F�OM t t� V G t� ✓ r► � � .., . � v i� n.� +.. v�•� GITY M�NAGER'S OFFICE PURCKASINO DEPA.RTMF.NT SUBJEGT: CITY COt�lISSION AGENDA FOR,�t�,C�U,�R ______M�ETING OFJUNE 20, 1,99� Wkshp. of ReQ. Dat� Please put the �followi:nq i.tem on the Ci�y Commi�sl.on Agenda fa�c above date* � BID�049-394-95IC�7D Description ANNUA,L �Iti FQR METAL CONTAINERS - RERS4N FOR BID: To e�tablieh_a fixed one (1) year firm pricing for .. metal trash containerg. Cantainers are used in development/�resident: area�s an or commerc a re uge co ec ori. 2f �id �tem - Amount budQeted and Account Numb�r , 432-341�5--690. OZ _ _�_.�15� �00�; DO � Recommendation$ mhe '��bulation Committee recommends awarding �he � IY I������I�A���Yi���1� ��� bid to INDUSTR�Ai, �tEFUS]� SALES, INC. of Lakeland, Florida as their ,..�..�...,,, _ bid was �he lo� fications. at, m�st_ responsibl.e, responsive bid mee�.inq all speci�- 4. Explanation of Recorcnnendations, i.n fu�l � atta�ch �ddition�l sheets if neceasaryj Lowest �nd m�s�k Responsive, Responsible Bidder m�eting the bid requirements �nc� spe��.f�.cations as per memo �ttache �95-91 from R�b�rt Eichorst, Public Works Director. Documents, detail.ed coet e$tima�ted, maps, �tc. , 8uppo=t�,ng shouid be attaahed and be reproduccd it� suf�i�ient numb�r City Managmr and �ach Com�niaaion rn�mb�ex ta zeceive a copy. �� ��� . , � *RETURH THIS 1 REGULAR MEETING sup woRKSHOP i tem Number -_-- - - A4enda Date _ _—_ __— Action _ _ ...., �.. . -- - - � R�t3UL�1R Y tem Nul�r Aqenda bat� � Aation each iteR f az th� c ,Y FOl FEB-1� ar', 1_�:�1 FROI�i;I1tGUSTRIAL REFI�SE � :,, "' ■t���Q��� ., , //YL��►.'�TiRl14L February 14, 1995 City of Clearwater 1701 N. H�=cules C�.e�rw�ter , FL 3 4 615 At tent ion : '�� ,,J im Ma�lio 181�t�b?���2 TG:1$1��b2�E5� PAGE:�� , Industrlel Refuse $�1�9� P.O. Box 6075 Lekelend, Fiorida 33807 Phvne; 941 •665-8507 Fax: 841-66�-Od32 Indu�:trial f2efuse Sales would be honored to extend the City af B�yritc�n L�each bid pricing ta the City of C�earwater. The bid number and pricing is as follows: City of Boyntan $each Bid No, 049-394-95/CJ17 IRS 20 - Q'�' IRS 30 - OT IRS 4Q - OT �2295.00 each 2610.00 each 2910.00 each �Lttar.h��l is a purchase order from the City of B�ynton Be�ch st�owi.ng the activation o£ this bid. As alway�, it is a pleasure to be of servx�e to The C ity �� C.Le�rwater, Shauld you require any addit�.onal information p).ease do not hesitate th cc�ntact us. Again tndustrial Refuse Sales wovld like to thank The City of Clearwater. Sin�er�ly, Industrial Re�us� Sales By: ,,�� ���+�N�l�. � Gary aittner ;, 'The Tough Co�teiner" � FEB-14 9b 13:3Z FROt�1:INDUSTP,IAL REFU�E 18136b�t��� T0:181346266�6 ' • �'�"...�� • PURCHASE OROER # VENUOR: CITY OF BOYNTON B�ACH, �L.ORiDA . � PUACHASING DEPARTMENT , t04 EAST BQYNiON BEACH BOULEVARO • PAGE:03 P.O. BOX 310 ' P. 0. NO . t 1 Q 8 5 6 BOYNTON BEACH, F�ORIDA 33a25•0310 ❑A T�: I 1/ tl 3/ 9 5 F�DERAL I.D.�# 5�-6040�92 94203 INDUSTRLAL REFUSE SALEB SHIP 7p� P.a, Box so�s LAKELAND, FL 33907-Sfl75 PUBLIC WORKS COMPLEX SANITATTON 222 N.E. 9TH AV�. ' 80YNT03�1 �EACH FL �3435 '�'�'�_ �.0. H� HOYNTON BEACH , F'L s'�'�' ', REQU�SfTION NO, Q Q ��, 9 7'] ORDERING DEPAFITNIENT S ANI T A T I ON ' ��� � � . . , -� li DATE WANTEO A� S. A� P BI D NO• # O 4 9- 3 9 4- 9 5/ C J D ��MMIS910N APPROVED � � 3TEM PART NUM�ER DESCRYPTION qTY/l1M UNIT COST EX'i CaST L� ' �31-341-5- 690, 02 ZO C. Y, GREEN OP�rI Rp�,L OEF APPROVED IN F7 9519b BllDGET FINAN�g O�PAATM£NT FLORIQA STATE SALES TAX E MPTION ' CERTIFICATE NO, 60-04-116451•54C THE CITY OF 80YNTON HEACK 13 EXEMPT PiiOM FEOEA/I� ExC:$E TAXE$: WM8f1E TAX APPUES IN'V��CE MUST 9HOW GAOSS PRICE. AMOUNT OR THE 7AX. NEi PAICE. E?fEMPTION CEAtIRICATE W1LL 8E FUFiNI5NE0 UPON REOU�9T. 5.0� 2.295.�DOQ �A 11,475.Q0 P.O. TdTAL l PURCHA5ING QEPAR IMPORTANT t�lStRttCiIQNS OUR PUACNA9R ORD R NUMBEFi MUST AP- PEAA ON n1,L PACKAG�B iICKEt6, INVOlCE3 STATEM6NTS. AND CORaE�SP4ND�NCE, AIAIL INVOICE3 TOc �iN/WCe DlPr►RTMtEN7 �oo e. sor►tTqH sRwCH et,vp, P.O, s4x ro OOVNTO►a sa�cH. a swe.os�o eRtairie�_ 21.47 1 t, ft OLR SEPNA/1TE' iNVOICB FOFI TH Oii R QA FOA EACH 1PM iHERE: I fi ATEt,Y FQ�L4WING S T, Z. Pf1EPAtp FR£IG1iT CNAAG�ABIE 1 TN� �ITY OI� BOYNTON BEACFi MUST SUPPPOATfiD 8Y CARPtI@A'$ RECEIPT. �. (NVOICES /IND STAT�M�NT9 SUBJE TO CA$N D16COUNT 9P�CIFIEb H�AEOF,, a■ . CITY OF CLEARWATER, SOLID WASTE DEPARTMENT B`Q�r.L-OFF CON�AINER TOTALS R�CAP Size 40 (cubic) yard 30 (cubic) yard 20 (cubic) yard Estimated Quantities 3 12 1S � Industriai's Unit �rice $2,910 $2,610 $2,295 SOLID WASTE SUBTOTALS 40 (cubic) yard 2 $2,910 30 (cubic) yard ,� 2,610 7 RECYCLING SUBTOTALS �$ DUMPSTER TOTALS Extensions $ 8,730 31,320 36.720 ?6 77 $ 5, 820 13.050 18 7 95 640 steldumps.doc ;� ; E i t SEAI•► �`�� w � a �.+ - =- c 99k'�TEAE�oQ- Clearwater City Cornmi.ssion � � � � A enda Cover Me�noramdum g n Item # Meeting Date; SUBJECT: Land Devefopment Code Ar�endment establishing a revised definition for variance. ��� (LDCA 96-04) RECOMMENDAT{ONIMOifON: Receive proposed Land Developrnenfi Code amendment and refer it to the City Clerk for advertising for pub{ic hearings. ❑ and that the appropriate officiats be authorized to execute same. BACKGROUND: The City staff has identified a need to revise the definition of "variance" based upon a need to keep the def9nition consistent with the standards of variance approvaf. This ordinance will need to be reviewed by the Planning and Zoning and Development Code Adjustment Boards. The following public hearing schedule is proposed: BOARD ACTION DATE CITY COMMISSION RECEIPT & REFERRAL MARCH 7, 1996 PLANNING & ZONING RECOMMENDATION APRIL 2, 1996 DEVELOPMENT CODE ADJUSTMENT RECOMMENDATION APRIL 11, 1996 BOARD CITY COMMISSION FIRST READING MAY 2, 1996 CITY COMMISSION SECOND READlNG MAY 16, 1996 Revi eweci try: Legal Budget Purchasing Risk Mgmt. CIS ACM ._.�L�"� N�a N/A N/A N/A S�xaitted by: /f! '�� City.Meneger� r, / �w ' Originating Dept: CENTRAL PERMITTING � G Llser Dept : /ldvert i sed: Qate: ,�, Paper: ` � � Not Required � Affected Parties ��°,..' ❑ Notified � Not Repuired � �i,�: printed on recycled paper Casts: S N/A Total S Cus'rent Fiscet Yr. Ftr�di ng Source: ❑ Capitat Imp. ❑ operating ❑ Other llppropriat�on Code: Conmission Action: 0 Approved ❑ Approved �/conditions [7 Denied 0 Continued to: Attachments: DRAFT ORDINANCE ❑ None •�� ��� � • AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE I..AND DEVELOPMENT CODE; AMENDING SECTION 35.11, CODE OF ORQINANCES, TO REVISE THE DEFINITION FOR VARIANCE; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED �Y THF CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 35.11, Code of Ordinances, is amended to read: Sec. 35.11. Definitions. The foliowing words, terrns, and phrases, when used in this development code, shall have the rneanings ascribed to them in this section, except where the context clearly indicates a different m�aning: * * * * * Variance means a grant of relief frorn the requirements se�e� Qf this development code based upon demonstrated �Qm�liance with th� established standards _ . _ _ .. ._.._ . .. . . , .. .. . . , ... __.... _. . . . * * * * * �ect�Qn 2. The provisior�s of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. �g�ion 3. This ordinance shall take effect irnmediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal suificiency: � � Leslie Dougall- des Assistant City Attorney Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk ■ � � , � i m ! � S��"'' J, c? ,�I, � 9' Q� ��yA�� ��,o , � Clearwater City �Comrnission � � Agenda Cover N�einorandum 1 I tem # _ Meeting Qate: �� SUBJECT: Land Development Code Amendment revising the density conversions for nursing homes and residential shelters and revising parking regulations for nursing homes, residential shelters and group care facilities. (LDCA 96-05) RECOMMENDATION/MOTION: Receive proposed Land Developrnent Code amendment and refer it to the City Clerk for advertising for public hearings. ❑ and that the appropriate officials be authorized to execute same. BACK�ROUND: The City staff has identified a need to revis� the regutations for the density conversion for nursing homes and residential shetters. The new restrictions are consistent with the City's Cornprehensive Land Use Plan in conjunctian with the Pinellas Planning Council's Countywide Rules. Staff has also reviewed parking regulations for nursing hornes, residential shelters and group care facilities, and proposes revisions to more closely reflect actual need. This ordinance will need to be reviewed by the Planning and Zoning Board and Development Code Adjustrnent Board. The following public hearing schedule is proposed: BOARD AGTIOM DATE CITY COMMISSION RECEIPT & REFERRAL March 7, 1996 PLANNING & ZONING RECOMMENDATION March 19, 1996 DEVELOPMENT CODE ADJUSTMENT RECOMMENDATION March 28, 1996 BOARD CITY COMMISSION FIRST READING April 18, 1996 CITY COMMISSION SECOND READING May 2, 1996 Revier+ed by: Originating Dept: Costs; i N/A Comaission Action: Legal ��i--� CENTRA��ITTING Tvtal O Approved Budget N� � $ Approved w/conditions Pu�chasing �A 0 Denied Risk Mgmt. N/A User Dept- Current Fiscal Yr. CIS N/A � 0 Continued to: ACM Ftnding Source= ❑ Capital [mp. ❑ Ope�ating Acfvertised: O Other DRAFThO DINANCE Date: �� r;� Paper : � Not Requ;red Suhn�itted bqcr ,� `� y)• Affectcd Porties � None City Manager ,� ��t C�- ❑ Notified Appropriatian Code: �} � Not Required � �'.� Printed on recycled paper 4RDINANCE NO. 5992-96 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 35 .11, CODE OF ORDINANCES, TO REVISE T'HE DE�'IN�ITI�N� FOR NURSING HOME AND RESIDENTIAL SHELTER BY INCREASING THE DENSITY CONVERSION FROM TWO BEDS TO THREE BEDS PE� iJIVIT; AMENDING SEC . 42.34 (6), CODE OF ORDINANCES, TO CHANGE THE PARKING REQi;RRFMENT FOR NURSING HOMPS FROM THE EQUIVALENT OF ONE PARKING SPACB PER TWO BEDS TO ONE Pf�RKING SPACE PER THREE BEDS, TO CHANGE THE PARKING REQUIREMENT FOR RESIDENTIAL SHELTERS FROM ONE PARKING SPACE PER SIx RE5IDENTS TO ONE PA.RKING SPACE PBR SEVEN RESIDENTS, AND TO CHANGE THE PARKING REQUIREMENT FOR GROUP CARE FACILITIES TfJ ONE PARI�ING SPACE PER THREE OCCUPANTS, INCLUDING RESIDENT EMPLOYEES AND SUPERVISORS; AMENDING SEC. 40.545 (3), CODE OF ORDINANCES, RELATING TO THE USE LIlVIITATTONS FOR THE PUBLIC/SEMIPUBLIC ZONING DISTRICT, TO DECREA5E DENSITY FOR riURSING HOMES AND RESIi�ENTIAL SHELTERS FROM 1 S TO 12.5 LJNITS PER �GROSS ACRE I1V ACCORDANCE WITH THE CITY' S LAND USE PLAN �ND IN CONJUNCTION WITH THE PINELLAS PLANNING COUNCIL' S COLf�J'TYWIDE RULES FOR THE INSTITUTIONAL CLASSIFICATION; PROVIDING AN EFFECTIVE D�TE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 35.11, Code of Ordinances, is amended to read: Sec. 35.11. Definitions. �- '� The following words, tenns and phrases, when used in this development code, shail have the meanings ascribed to them in this section, except where tlie context clearly indicates a different rneaning: * * � * � Nursing ftome means a health facility where persons are housed and furnislied with meals and continuing nursing care for cornpensation. For the purpose of cornputing density of a nursing home, every three t�e beds within the facility shall be considereci to equal oa�e dwelling unit. * * * * * t. Residen�ial shelter means a building, dwelling or portion thereof, the use of which is for a nonprofit service providing a place of temporary residence to homeless persons or families. For the purposes of density, one dwelling unit shall equal three �e persons housed on the premises. � * * * � Section 2. Sec. 42.34 (6) (d} 1. d., Code of Ordinances, is amended to read: Sec. 42.34. Parlcing. (1) Purpose. It is the purpose of this section to establish standards which promote the orderly, efficient and safe layout of parking areas designed to complement the use they serve. � * * * * (6) O„�`'street parking spaces. � * * * * (d) Schedule. The following shall be the rninimurn number of offstreet parking spaces required for each land use, activity, building or structure permitted by this development code. When the determination of the number of required offstreet parking spaces results in a requirement of a fractional space, any fraction less than one-half space or more shall be rounded up. Parking spaces required on the basis of building floor area shall apply to gross floor area unless otherwise specified. Parking spaces required for employees shall be based on the rnaxiznum number o� employees on duty or residing, or both, on the premises at any one tune, which would include any overlap of employees at a change of shift, 1. Residential and lodging uses. � � * * * d. Nursing homes; One parking space per three �e beds occupied at maximum capacity. e. Group care facilities; One parking space per three occupants at maximum capacitv, including resicient emplovees and supervisors � � st�e�se�. � * * * * ORDWANCE NO. 5992•96 2 � � Residential shelters: One parking space per seven � residents, based on maximum occupancy approved by the city. A minimurn of one space shall be required for each shelter. * * * * Section 3. Sec. 40.545 (3), Code of Ordinances, is amended to read: Sec. 40.545. Use limitations. The following use limitations shall apply to public/semipublic districts: * * * * * (3) Nursing homes and residential shelters shall have a maximum density of 12.5 �3 units per gross acre. * * * * * Section 4. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. Section 5. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON 5ECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: Leslie Dougall-Sides, Asst. City Attorney ORDIIVANCE NO, 5992-96 � Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City C1erk : s s x � ;� } , SEl►t•t � ,�` �' i ---- a 9,ph, j �`o� �learwater City Commission � �,� � Agenda Cover Memorandum 1 � w,,� Item � Meetir,g �ate: 03/07/9b sueJECT: Harborview Center Food and Beverage Services Contract RECOMMENDATION/MOTION: Approve the use of a single caterer for food and beverage services at the Harborview CPnter and authorize an agenda item to be brought forward at the March 21, 1996 Commission meeting to award said contract to a joint venture of Boston Concession Group and Delectables Catering. � and that the appropriete officials be authorized to execute same. BACRGROIIND: The City of Clearwater has retained Globe facility Services to provide quality managernent operational services at the Har�orview Center. The City has established the fol_lowing goals: 1. efficient operation 2. minirnizing the net cost ta the City 3. safeguarding the City's Capital Investment 4. active solicitation, promotion and company promotion of events to maxirnize revenues to the City The City Cammission included in the budget for Harborview a fully developed banquet servi�g kitchen which will add incvme to the center and be managed by Globe �acilities. This concept is designed to maximize the income and to consolidate the alcoholic beverage license to one server thereby meeting the guidelines from the state for serving beverages on a regular basis. Ruth Eckerd Hall does not depend on catering for a large part of their budqet. Ruth Eckerd Hall has the liquor license in the name of the Hall and hires bartenders for each event. The Harborview Center is a convention facility, not a civic center and quality, service reputation, profitability and asset management is of utmost importance. A cost is involved every time the facility is used. Food service provides 35� Revieaed by. Legal Budget Purchasing Risk Mgmt. CIS ACM Other Submitted 6or: Cit N/A _ N/A N/A N/A N /A i Origi�ating Dept: Admipi�,trati on User Dept: Harborview Center Advertiscd: Date: Paper: � Not Required Affected Pnrties ❑ Notified � Not Required Costs: S N/A Total $ Current Fiscal Yr. Funding Source: ❑ Capital Imp. ❑ Operating ❑ Other App�opriation Code: 315-94T34-550400-552-000 Comnission Actian: ❑ Approved 0 Approved w/conditions 0 Denied L7 Continued to: Attacluaents: � None - 2 - � of the facility's revenue. A small number of exceptions are allowed so that charities needs could be accommodated however quality food presentation and good food are critically important to running a first class facility and making a� prof it . It is with these goals, foremost in mind and based on direction received from the City Commission at a workshop meeting on January 2, 1996, that G.F.S. issued a Request For Proposal for Food and Beverage Services at the Harborview Center. Providers were solicited and notification of the p.rocess was advertised. The R.F.P. required each firm to provide information as follows: * demonstrated ability to maximize potential revenues * resumes of Operators Management Team * labor schedules and manning charts * proposed marketing program * operating experience * f inancial resources * specific experience * operating plan * training practices A pre-bid conference and facility tour was held on January 23, 1996 and nine (9) firms were represented. Proposals were due on February 9, 1996 and G.F.S. received six (6) submissions. Short list interviews were held with four.(4) potential operators on February 16, 1996. The evaluation committee consisted of Mich Sauers, President; Ken Young, Director, both of Corporate G.F.S.; Barry Strafacci, General Manager; David Ransdell, Financial Director G.F.S. Harborview and George McKibben, Purchasing Manager, City of Clearwater. The evaluation and interview process identified two (2) firms as exceptional potential operators. Each has different advantages, as follows: Boston Concessions Group 1. strong financial resources 2. convention center experience (Broward County) 3. national purchasing advantages 4. r�ational network of trained personnel 5. availability of mobile kitchen 6. experience in purchasing of kitchen and banquet equipment Delectables CaterinQ 1. local company 2, owners are chefs �nd banquet managers 3. hotel b�nquet��experience 4. creativity and enthusiasm 5. local marketing knowledge and experience 6. no conflict of interest Therefore, after long negotiations, G.F.S. recommends awarding the Food and - 3 - � Beverage Services to a joint venture of Boston Concession Group and Delectables Catering. These firms have reached an agreement in principle and are finalizing details of a contract with the Harborview Center. The contract will be a management fee based agreement. The joint venture will receive a percehtage fee based on gross receipts, which provides an incentive for driving sales. Additionally, as an incentive to manage the business eff iciently and profitably they will receive a percentage of Net Operating Profit. The two (2) parties of this joint venture will split fees equally. Th�e joint venture has agreed to provide the business the necessary operating capital and interest free cash advance of $100,000 to purchase the banquet equipment necessary to operate in a f irst class manner. The equipment becomes property of the City. The advance is returned by installments from Harborview's food and beverage profits. The contract will allow Harborview Center to effectively manage: 1. revenue 2. service 3. reputation 4. assets The financial return to the City is projected to be above industry standards. The combination of Boston Concessions group and Delectables Catering provides the City and Harborview the best alternative to service all the patrons of the Center with a quality/value food and beverage operation. The term of the contract will be five (5) years. This contract will be brought for Commission Approval at the March 21 Commission meeting along with the request to approve application for the liquor liscense and the transfer of this liscense to the firm chosen. � � � � I , . .. . _ MEl�IO DUM DATE: TO: FROM: RE: 2� "� � � ! ` 6 March, 1996 Kathy Rice Deguty City Manager - / Barry Strafacci �e� General Manager of Harborview enter Financial Projections-Food and Beverage Attached are projections comparing the management fee basis of the proposed Food and Beverage contract and the standard cornmission basis. The percentages compar�d are the offers we received projected on the same gross sales as the projections using the Management Fee Agreernent G.F.S, recommends. ; � ; � t i I i ` /� \,,.- � � i COMMISSION BASIS The following projections are based on commissions proposed during Request For Proposa! process: ' CATERING SALES DELECTABLES � MARRIOT MARQUIS *OR.A�NCE�BI:OSSOM �Food Heverag 1° �� `213 �467 • 15% _ � 176 906 ' � � �' .'� � . . & e�� 1,1.7.9;375 18 10 F o=� " 208 125 • �,�,� , , , 54 1,�/0 �, $��5;112 r Liquor �_ . ` 20 1 °lo = � 41;833 �' 25% - � 52,031 � �` "r� ��" b'�°� �;�'41,833 . -. . . � �1;387,500 � -'� _ : ` � . . �; �a; .�, �r k „ � . ! �� � ,� .��.,�. � � kr,:,, � CONCESSION: SALES ' � . .ar.•,w• � a�, . . ': ., ..,y..;.�,... .-�,. . .., ' Food &:Beverage ��:�'� ,97,500 18.1 % _ $ 17,648 15% _ $ 14,625 14% _ $ 13,650 Liquor ' � $ � � 7.500 20.1°jo = $ 1,507 25%= $ 1,875 20.1% _ $ 1,508 . $ . lOS,000 YENDING; MACHINE :SALES . . . ;�:�;500;:��� �,;;�.�,: :.� 18.1%=$ 1,358 15%=$ 1,125 14%= $ 1,050 GROSS SAI:ES��$"�1,500;000 HARBORVIEW INCOME � 275,813 $ 246,56� S 223,153 CATERING SALES � DELECTABLES MARRIUT MARQUIS �;*OItANGE BL0$SO1VI J ?: i l"'Y,. t.r:. . . Foo� & Beverage �1,572,500 18 1% �� � 184;620 � . 15% _ � 235,875 � , �'1'�% _ ���22U;150 .. Liquor $ 277.500 20 1% ` S'S5,777 . 25%= S b9,375' .. ;, t�,�;�4;1�°la:�'�;5�,77T Y- y ; �,��xg��,�0� , � - t '� .z. " } . .. ��,{�.��t=' 4 �',�° c�i ; 4.: z � �+'` , ••� �'�''%- �:�"��".� �,+xii ,.�y+,r� .,:V�ASsaih-. s, ,?;.i, ni3�d.?++' corrcESSrorr�s,�.Es Food & Beverage $ 130,000 18.1% _$ 23,530 1 S% _� 19,500 14% _$ 18,200 Liquor S l 0,00U . 20.1 %_$ 2,010 25% = S 2,500 20.1 %_$ 2,010 � $ 140,000 VEI�IDING MACHINE SALES ' � � 1d,000`:-�. --' . 18.1%= $ 1,810 15%a = $ 1,5C0 1�% _ $ 1,400 GROSS _SALES. $ 2,000,000 HARBORVIEW INCOME $ 367,747 $ 328,750 � 297,537 CATERING SALES Food & Beverage � 2,358,750 Liquor , 416 250 ' . S 2;775,004 CUNCESSION SALES Food � Beverage $ 195,OQ0 Liquor � � 15,000 � 210,000 VENDING M ��� $ 15,OOU GROSS SALES S 3,000,000 HARBORVIEW INCOME DELECTABLES ,, ,� , . , � 18.1°�0 = S !�26,934 20.1 % _. $ 83,666 ' . . . ,, � i� .. . :. . . 18.1 % _ $ 35,295 20.1 % _ $ 3,015 18.1%=$2,715 � 551,625 • Orange Blossom Catering commissian is blended average MAR.RIOT MARQUIS 15% _ � 358,813 25°io = � 1 U4,062 1 S% _ � 29,�50 25% _ $ 3,750 15% _ � 2,250 $ 498,125 *ORANGE BLOSSOM ".14%.= �.330,225 '�� 20.1%=,� 83,666 .:.' ... . .-J', ..yt;f 14% = $ 27,300 20.1 % _ $ 3,015 14% - $ 2,100 � 446,306 0�/08/98 17:21 '�817 881 9029 C�tt�ring 8aks Food �nd Bevet�ge u� Tota! Cadering Saies Ca�slon Saiea Food BeVerage Bee� Tolai Corx�on Sales V�nding Maohinc Sales Totai Sa1es Cateri�tg CGS Foc,d and Beve�a�e u� Total C$terin�g C�S CanCession C6S i�ood Bev�^age 8eer Totad Concessioh CGS 4quar Sutcha�ge Vending Nl�chine Coat Tot:! Gvst of Goods Sold Gross Margin Qperatl�tg Ex�e��ses Net Profit Before Management Fee Ma�gement Fee (�tet le�come BOSTOh CONC GRP Har�rview ProForma �1004/Q04 '! ,178,376 78.63'�6 1,572,5(!0 78.53°�6 2,33�,75D 7$.639�6 2oe,��s �s.sa� z�,� �3.8e� 4iB,2so ss.8a�� 1,38�,SOQ 92.50°6 1,860,000 9l2.5036 2,773,000 92,50°4 63.000 4.20°�i a+4,000 4.20'�6 '126,{}Q(y 4.Z0°�b 34,500 2.30'36 48,000 2.30°�6 69,000 Z30',6 �.soo o.� �o,000 o.so� �s,000 o.so�.i 105�000 7.00% 94�,OQ0 7.0096 21Q,t�0 ?.00'�6 7�500 0.5096 'f0�,0�0 O.S096 15,000 _0.50°%_ .. ..� •� .■�. .•� �.. .. .••. .•. ... .. •••. 324,328 27.50°�. 425.917 27_09% 619,313 26.26°� 39,128 �a.�,G s�,3ss �8.�2� �4,715 17.85°� 3�,456 26.ao� �s77,300 25.ao°.6 694,oz8 25.01 •� 17,4$3 27.75°�6 23�142 27.55°yii $4,02Q 27.00% 7,169 20.7596 9.47fi 20.60't6 1�t �076 20.4dq6 'f .500 20.00°K 1,965 19.65°.6 2,940 19.60°� 26.941 2�4.90�6 34,583 24.�Og6 59.036 � 24.34°.G 4800 0.32% 6400 0.32% 98Q0 0.32°.G 37so o.�s�b 5000 o.2s9�6 7soo a.25�i6 398,147 26.5496 523,?83 26.16°.G 762.164 25.41 °•6 1,101,853 73.489t, 1,476,717 73.84°� 2,237,837 74.59°�b 585,000 39.00°f6 74$.t)DO 37.40°.i 1,035.C100 34.50°�6 616,853 34.46°y6 728,71? 3fi.44°% 1,202,837 40.D94i6 _ �t 15,000 7.67s6 150,000 7.509b ZZO,oC]0 7.33°� �4U1,853 26.79�i6 578�717 _ 28-, °�% 9$2.83T 32•76°�f+ Prafit Sptit - ' Baeton Ccncession:s 39,167 9.754�6 55,Q85 9.52°�6 91,455 �.31 �i6 � Harborview 362,686 90Z596 523,632 90.48% 891.381 90.69°�5 , 03/06/96 16:26 TX/RX N0.1880 P.009 � �� � 0 Prepared by and return to: Earl Barrett Engineering Administration City of Clearwater P. O. Box 4748 Clearwater, Florida 34618-4748 S I D E`t A L K E A S E M E N T FOR AND IN CONSIDERATION of the sum of One Dollar paid to it., the receipt of which is hereby acknowledged, be derived therefrom, CLEARWATER COMMUNITY HOSPITAL, L.P., a Florida Limited Partnership 1521 East Druid Road Clearwater, Florida 34616 ($1.00) cash in hand a nd the bene f its to does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, an easement over, under and across the following described land, lying and being situate in the County of Pinellas, State of Florida, to-wit: A portion of Lot 6, Block A, DRUID GROVES SUBDIVISION, as recorded in Plat Book 15, Paqe 46 of the Public Records of Pinellas County, Florida, more particularly described as follows: BEGINNING at the Northeast corner of said Lot 6; thence S01°06'OS" E, along the East boundary line of said Lot 6, a distance of 6.00 f eet; thence N71°40'4o"W, a distance of 19.08 feet; thence N90°00' 00"E, along the north line of said I,ot 6, a distance of 18.00 feet to the POINT OF BEGINNING. Containing 54 Square Feet, more or less. This easement is for sidewalk purposes. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter the above described premises and inspect the placement and dimensions of said sidewalks to insure conformance with City specifications and thereafter maintain same from time to time; and that, The GENERAL PUBLIC shall have full and free use of said sidewalk at any time and all times for traveling purposes. Page 1 of 2 , � Page 2 - Sidewalk Easement Clearwater Community Hospital, Inc. to City of Clearwater, Florida IN WYTNESS WHEREOF, the parties hereto have caused these presents to be duly executed by its proper officers thereunto authorized this,�� day of � , 1996. Siqned, sealed d delivered in the presence of: CI,EARWATER COMMUNTTY HOSPITAL, L.P., a Florida Zimited Partnership � / ��-�-- -_..: � � '��� - .�/ / �� ��9,�"�e�< <.�r 3. G�Jo a �� u �f Witness' Printed Signature WITNESS �.� T',¢.. � �.r �_ uJ� d d. � f�- Witness' Printed Signature STATE OF FLORIDA : COUNTY OF PINELI,AS : gy- . Chi ef Execut ive Of f icer Attest: Joe Admini�! � N A C � �:XSl,k� r ;o�,xn;csia, GC4d3o48 F . wea Aup. 24,19$8 � ' '^ded by HAI t+c+0-42Z•1655 �F. Engles ator � ,�p����� JULNTH A EREK$C1N MY Co�rxni�sio� OG03Q4$ ����� Bonded bY H�At ' 1 �98 �4�oFFt� a00-49Z-16SS � . �,.,,, The foregoing instrument was acknowledg'� before rne this ��> > d� a�of ,�._,, , 1996 by Jon C. Trezona, Chief Executive Officer on behalf of Clearwater mmunity Hospital, L.P., a Florida Limited Partnership. ������,�`, O�� �i;��j �,��f'�. Lt __�1 �__ ry� L 1 ' n 3_ � L _ �.�� u�li� -� �a�.e o Flor ida �] Personally known OR [� Produced Identification T�pe of Identification Produced� STATE OF FLORIDA COUIVTY OF PINELLAS • The foregoing omrn Hosp' al, : ��''A�"c�, �!y9h��A� 10"!Y �++�+on aC4U30� ' 7� , 'S:' E�r�oAW 24.1� �8fii10d bY H�AI instrum�#�a��ras �!�P��led9�before me this � day of 1996 by Joel F. Engles, Administrator, of Clearwater L. P., a Florida Limited Partnership. �VR� � JUDITH A EREKSO(V �c r�►y c«,�S;o„ ccaosoas ,�►��.�. E.xpKe9 Aup. 2�, 1998 Bonded by HA1 '��j���' 900�422-1555 ��Personally known oR Produced Identification y e of Identification Produced 0 EXI-�IDIT "A" �' Part of DRUID GROVES Sub. �lock "A" (Plat Book 15, Page 46) � . r J O 0 Q DRUID ROAD � ' , • �: . �� P.O.B, � w > Q �-- � w � U S1 '06'08"E N71'40'40"W N90'00'00"E NOTE: THIS IS NOT A SURVEY N OT TO S�ALE "Sidewalk Eosernent'� Section: 14-29--15 cch. dwg Drawn by. PWD Date: 12 f 14/95 ! � � Prepared by: Bonner, Hogan 613 S. Myrtle Clearwater, FL Return to: CITY CLERK CITY OF CLEARWATER P.o. Box 474a CLEARWATER, FL 34618-4748 � Coleman, P.A. Avenue 3 461 b EASEMENT FOR ANI� IN CONSIDERATI�N af the sum. of �Jne Dollar ($1.0�) cast� in hand paid to it, the receipt of which is hereby acknowledged, and the benefits to be devised therefrom, TRUSTECS CALVARY BAPTIST CHURCH A FLOI2IDA CORPORA"I'ION NOT-FOR-PROFIT 331 CLEVELAND SCREET CLEARWATER, F'LORIDA 34616 does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, an exclusive easement lying 5' each side of the water main laid to service the fire sprinkler systern installed in Grantors adjacent Uuilding, said water main and appurtenances lying within the North 24' of Lots 5 and 6 of EARLL AND TATE'S SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 1, Page 20, of th� Public Records of Hillsborough County, Florida, of which Pinellas County was forrnerly a part. This Easement is granted to �the City of Clearwater, Florida, to enter, from time to time, upon said property to construct, install, maintain, inspect and alter city water facilities being installed to service grantors property. IN WITNESS WHEREOF, the party hereto has caused these present to be duly exec�ted y its prope�ers thereunto authorized and its seal to be hereunto affixed, �h�s �(�- day uf !�� � .l , �596. Signed, sealed and delivered in the pr ence of: \_�" � f_ t�, W1TN SS 1'%�'�' /00%� � �/ � ��eas' printed sigr�ature� ��1r��ord ��1� Witness printe�3 s�ignature TRUSTEES CALVARY BAPTIST CHURCH : �1RVIIV D CHAIRMAN 1�TTEST: �� J cJ' L� ' HOWARD BALLENTIN�, SECRETARY i41*Yr;., —:lS�e-+, .... . , � ; .. � . � ' . STATE OF F'LORIDA C4UNTY GC' PIrIELLAS � The foregoing instrument was acknowledged before rne this �� day of �CQ.�. , 1996 by Marvin Dyai, Chairrnan, Trustees Calvary Baptist Church, a Florida � Corporati not-for-profit, who is personally known to rne p a�_identa�€-�sa�ion. ' �i�.�I1 1�,.�, 11b(]i My Commission Expires: ,;:�� ► � MELODY LYNN LON� ;�'' �`�? ;: MY COMMISSION � CC 329378 ��:'a: D(PIRES: December 12, 1997 ':,A,;,.;��'�` 8a�ded ThN Notnry Pub�1c Undarn+rtten �:� 4 , $ i L W � Z �.t� � Q � J � Q U � O t?/03 12/03 � EAR L 2t 20 19 18 77 LAURA STREET �--------^-� � I �- � � � � t6 I � Q , _ 15 i F-- 14 (,Y ______ � � �3 & A E' � z 1 $ 9 ,� „ ---� F— � � \ z = i�i�'�'�� ��%���i.' , :.,,.- � ./i�, ~ , � 3 � . ,,. ,:: ., .,, .,,, , � � � I -1 3 z �I 1 � \ 5 6- � i � � . � � c�� i � � � i CLEVELAND S?REFi ---j �� � ( � 6 l 5 I( a 3 2 1 � � l/) � F-- J � 1 � � 3 5 � 6 7 8 9 HENDRI C�r S I W � � Z > � Q � Z O � W F-- F— � 9 �� 5 S—T—R: 16-29-15 WATER M�1IN EASEMENT — O1/10/96 _ THIS IS NOT A SURVEY GRANTOR: CALVARY BAPTIST CHURCH EASE.DWG GRANTEE: CITY OF CLEARWATER, FL. ORAWN BY: R8W OATE: 02/01 /96 � , � i 11 � � � 6 7 � i Return to: CITY CLERK CITY OF CLEARWATER P•Q. BOX 4748 CLEARWATER, FL 34618-4748 CONSEN'I' TO EASEMFIVT AND SUBORDINATION OF INTEREST THE UNDERSIGNED, owner of a lien on or secured Interest in the foilowing described premises: AS PER EXHIBIT "A" ATTACHED HERETO AND A PART HEREOF as evidenced by a mortgage dated r�dovember 15, 1994, and recorded among the Public Records of Pinellas County, Florida in Official Records Book 8840, Page 673 through 675, i:e.re�y cc�l�se���s �u ar�<< ;o:ns in tt;e orar�;.ir.g of tha*. �•Lrta:r Tasetr:a�t �ive� on the �1-� day ot' J anuary, 1996 by TRUSTEES CALVARY BAPTIST CHURCH, a Florida Corporation not-for�-profit to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, a copy of which is attached t�ereto as Exhibit "B", and hereby further subordinates said mortgage inter�;st and all of the right, title, interest and clairn thereunto accruing in said premise.s to said easement grant, togetl�er with facilities described therein. � IN �'VITNESS WHEREOF, the undersigned has caused these presents ro be signed this �y_ day of January, 1996. Signed, sealed and delivered in the pr��,sence of: ., �Vitness: ' � 2 So � � �_ Witness: S"I'ATF OF FI..ORIDA l:tl l? �'r �1 'i� �; r:1 v LL;�t�,,fi.� The foregoing instrument was acknowledged before me this 1 y^�' day of ��-1r1U rl �� , 1996 by ROSE M. PHIFER, who is personally known to me er=-�#e—�ss. F��� �V / fi • � �-�`'--R itr !'�.�/ ����.� NOTARY PUBLIC My Commission Expires: 866 t lZ 'AOA! ��� �p 'ax3 karssir�ao� �e� .� �'r� 96EZZb�J � r - v, d3swnN Noiss!::r¢o� v �;S �� z! s3odo� vaoN���a � -�v�s �taerloH �irc�+i�do ���d ��d�� , � �-� �,,,.�.r....� EXHIBIT "A" PARCEL I: East one-half (E 1/2j o£ Lot 4, EARLL AND TATE'S SUBDIVISION according to the plat thereof, recorded in Plat Book 1, Page 20, Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, and Lot Three (3) and the W SUBDIVISION, according to �aqe 20 � Pui:�i.�V ne�:vi'�i5 �f County was tormerly a part. PARCEL II: est half of Lot Four ( 4) oi EARLL AND TATE' S map or plat thereof as recorded in Plat Sook 1, :,��l�bo�ouy:: C���^ty, F1��-i�a, c�f tti*hich Pi_nellas Lots 5 and 6 of EARLL AND TATE'S SUBDIVISI�N, according to the map or plat thereof as recorded in Plat Book 1, Page 20, of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. PARCEL III: Lots 10 and 11, Less the East 5 feet for alley, of EARLL AND TATE'S SUBDIVISION of Lot 3 of BACHMAN'S PLACE in Section 16, Township 29 Sou�h, Range 15 East, ClearwatFr Harbor, Florida, according to plat thereof by Brawn & Swinqley, Tampa, Florida, April 23, 1888, recorded in Plat Book 1, Page 20 of the Public Records of Hillsborough County, Florida (now Pinellas County, Florida). Also described as: Lot Three (3) and the West one-half (W 1/2) of Lot Four (4) , the East one- half (E 1 f 2) of Lot Four (4) , Lots Five (5) and Six (6) , and Lots Ten (14) and Eleven (11) of EARLI, AND TATE'S SUBDSVISION, according to the map or plat the�eof as .recorded in Plat Book 1, Page 20, of the Public Records of Hillsborough County, Fl�rida, of which Pinellas County was formerly a paxt. m EXHiBiT' "B" EASEMENT FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand paid to it, the receipt of which is herzby acknowledged, ard the benefits to be devisPd therefrom, � TRUSI'EES CALVARY BA.PTIST C�-iURCH A FLORIDA CORPORATION IVOT-FOR-PROFIT 331 CLEVELAND SfRF..E.'T CLEAR.WATER, FLORIDA 34616 does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, an exclusive easement lying 5' each side of the water main laid to service the fire sprinkler system installed in Grantors adjacent building, said water main and appur�enances lying within the North 24' of Lots 5 and fi of EARLL AND TATE'S SUBDIVISION, according to the map or plat thereof as recorded in Plat Book l, Page 20, of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. This Easement is granted to the City of Clearwater, Florida, to enter, from tirne to time, upon said property to construct, install, maincain, inspect and alter city water facilities being installed to service grantors property. IN WITNESS VITi�REOF, the party hereto has caused these present to be duly executed by its proper officers thereunto authorized and its seal to be hereunto affixed, this day o f , 1996. Signed, sealed and del?vered in the presence of: WITNESS Witness' printed signature WITNESS Witness' printed signature TRUSTEES CALVARY BAPTIST CHURCH �: MAR1�'IN DYAL, CHAIRMAN ATTEST; HOWARD BALLENTINE, SECRETARY � STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 1996 by Marvin Dyal, Chairman, Trustees Calvary Baptist Church, a Florida Corporation not-For-profit, who is personally known to me or who has produced as identification. N4TARY PUBLIC My Cornrnission Expires: i ,; ; � , 8 i L 12/0 � W I � t 2 /03 Z > , z Q G cn FAR L ,6 `� � .Q 21 �0 19 18 � _ 1S 17 � Q 14 � J O � v LAURA S TREE T o� I- I - I rl (^`-T�rl _ _ �c A �' _ _ � _ � 8 9 ��� 1t � � � O _ ;`; ' ,>; % .%i.i, I- "; � ' ��` ����i � , � 3 � i � :.,; .,;; � 3 Q 1 1 1 � \� 5 � 6• �. �� N \ ,� _� •- � CLEVELAND STRE�.T � i' i i � ; 7 6 I 5 I I 4 3 ^ 1 � I � U') � r— , � 7 i 2 3 5 � 6 7 a 9 HENDR�C�r� � � w , � z w Q � � Z O � w � � Q � 9 ._ 5 S— T--R: 16— 29-15 WATER MAIN EASEM�NT — O lJ 10_f 9 6 _ THIS IS NOT A SURVEY GRANTOR: CALVAR7� BAPTtST CHURCH EASE.DWG GRANTEE: CITY OF CLEARWATER, FL. DRAWN BY: R8W DATE: 02/O1 /96 5 � � , � a ` � i � �1 ,, ;� .� , 11 � i G � 6 7 � i �'Y�► �,�L i L, S � � � ° �� 99��lTEA��4a Clearwater City Commission Agenda Cover Memorandum � . � Item f1: � Mecting Date: �? � � / � ��T � SUBJECT: JOiNT PROJECT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION REC�MMENDATtON/MOTION: Approve a Joint Project Agreement and a Utility )oint Project Agreement Construction Modification with the State of Florida's Department of Transportation to install natural gas main's during the widening project of State Road 55 (U.S. 19) from Live Oak Street North to the Pinellas/Pasco County line at an estimated cost of $238,236.72, and adopt Resolution 96-13. 0 and that the appropriate officials be authorized to execute same. SUMMARY: • The State of Fiorida Department Of Transportation (FDOT) has a project to widen U.S. 19 and 1,700 feet of our existing Clearwater Gas System (CGS) facilities will conflict with the design. • Under this Joint Project Agreement (JPA) CGS proposes to install 7,000 feet of new 6 inch Gas Main and provide a secondary feed across the Anclote River. This will include 1,700 feet of gas main, which will be removed and relocated to the east side of U.S. 19, which is actually better for serving the customers in that area and aligning with our Pasco County rnain. • The Utility )PA Construction Modification is needed to reinforce the Anclote bridge supports as to support the weight of the new water and gas lines crossing the Anclote River. This Modification was made by the FDOT after the original )PA was issued to all affected utilities. • Under the JPA and Modification, the relocation of gas mains and reinforcement of the bridge supports will be performed by the FDOT's general contractor. � Having the FDOT's general contractor do this work will insure that it is done in a timely manner and releases Clearwater Gas System from any penalty payments for delays and/or conflicts. � A second quarter budget amendment will be made to transfer $80,000 from gas revenues to the new C�P code 315-96371-563800-532-000, Pinellas Phase II Bond Gas Relocation project and transfer $158,236.72 from gas revenues to the New CIP code 315-96370-563800-532-000, Pinellas Phase II Bond New Gas Mains and Services pruject, to fund this purchase. The transfer of gas revenues for the project, is in effect, a loan form the City's cash pool, and is anticipated to be an interim solution as these monies will be reimbursed to the Gas Fund once the new bond monies are availabie and the new gas system bond funds established. Reviewed by: Originating Department: Costs: Commission Action: Legal ? f Clearwater Gas Syslem � Estimated $23fi,236.72 ❑ Approved Budget �• Total ❑ Approved with Conditions Purchasing N/A User Departmenl: Estimated 523�,236.72 ❑ Denied Risk Mgmt, N/A Clearwater Gas System Currrnl Fiscal Ycar ❑ Continued tn: IS /A Funding Source: ACM � Capitallmprovement: Other N/A Advertised: ❑ O{�crating: Date: ❑ Othcr: Attachments: Res 1�96-13 '' ` �� Pa er: P loint Project Agreement Submitted by: � � O Not Required Appropriation Code Modification Agrec�ment / j�J' � � Affected Parties 3 1 5-963 70-563Ei00- Project I_ocation Map � /��- /��. �; (� � ❑ Noti(ied 532-QOU ❑ None City Manager � Not Required 315-96371-563800- 542-000 � Printed on recycled paper C • •\ �� '• A RESOLUTION OF THE CITY OF CLEARWATER. FLORIDA, REGARDING UTILITY J�INT PROJECT AGREEMENT B�TWEEN THE CITY OF CLEARWATER AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE ExECUTION OF AGREEMENTS FOR INSTALLATION AND ACCEPTANCE OF NEW CITY FACILITIES; AND AUTHORIZING THE Pi.ACING OF FUNDS WITH THE STATE OF FLORIDA D�PARTMENT OF TRA.NSPORTATION FOR THE COMPLETION �F THE UTILITY INSTALLATION; PROVIDING AN EFFECTIVE DATE. W�-IEREAS, the State of rlorida Department of Transportation is constructing, reconstructin� or otherwise changing a portion of the State Highway System, between Live Oak Street and the PinellasiPasco County line., which shall call for the installation of new Clean�vater Gas System facilities over and/or under said highway; and WHEREAS, the City requires a secondary feed across the Anclote River and additionally gas capacity in certain locations within the construction limits of this project; and WI-iEREAS, the City has heretofore authorized that plans and specifications be prepared for the installation of said new City facilities over andlor under said highway; and WHEREAS, the plans and specifications have been prepared and approved by the City Gas System; such plans and specifications to be made a part of the Department's highway construction contract; now therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: �g�tion 1 That the City of Clearwater enter into a Joint Project Agreement with the State of Florida Departrnent of Transportation for installation by the Department of said new City facilities designated as Utility Jab 67Q7, Section 15150, Parcel l, R/W Job NlA, and that the City assume all costs incurred in the respective utility installations, which costs are estimated to be $238,236.72. �ctic�n 2 That the Mayor and City Managcr be autl�orized to enter into such agreements �vith the State of 1� lorida Department of Transportation for the installation and acceptance of said new City facilities. ■__.. �tion 3 That the estirnated costs of such utility installations �s set forth above be paid in advance to the State of Florida Department of Transportation in accordance with such utility installation agreement. PASSED AND ADOPTED this day of , 1996. � Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk � .. . • STATEOP FtARIDA DEP/1RTMENT OA'i7tJ�NS}'ORTIi'i'ION � JOINT PROJECT AGREE.MENT UTILITY INSTALLATION BY HIGHWAY CONTRACTOR NONRFtMBURSABLE For� ��a-o�an imunrs • aro� �� � �r s THiS AGREEMENT, rr�ade and entered into this ______, day of , 19 _, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPURTATION, hereinafter referred to as the FDOT, and City of C�tarwater G,�s , hereinafter referred to as Utility, an organization organized and existing under the laws of Florida , with its principal place of business in Clearwater , County of Pinellas , State of Florida WITNESSETH: WHEREAS, the FDOT is constructing, reconstructing or Qtherwise changing a portion of the Siate Highway System designated by the FDOT as State Project No. IS150-3706 , Road No. SS between Live Oak and Pinellas/Pasco Countv Line , which shall call for the adjustment, relocation and/or installation of the Utility'� facilities along, over and/or under said highway; and WHEREAS, the plans for the said construction, reconstruction or other changes to be made, as above described, have been reviewed by the FDOT and the UTILITY, said above described UTILITY relocation, hereinafter referred to as "Utility 1�ork"; and WHEREAS, the term "Cost of Utility Work" shall include the entire amount paid by the UTILITY properly atiributable to such work; and WHEREAS, the UTILITY has expressed its desire to assume all costs incurred by this Utility Work and has requested the FDOT to include in said Project certain plans and specifications to meet the UTILITY;s needs; and WHEREAS, the FDOT and the UTILITY have determined that it would be to the best interest of the general public and to the economic advantage of both paRies to enter into a 70INT PROJECT' AGR�EMENT, hereinafter referred to as "JPA", providing for such work; NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, it is agreed by the parties as follows: 1. The FDOT and t}ie UTILITY shall participate in a JPA, the scope vf which will cover only the UTILITY facility within the limits of the project as included in t1�e plans and estimate of the FDOT cantract, more speciftcally described as Gas Pipeline facilities . The estimated cost of said project is g 235,OOO.UO including allowances; and tt�e method of payment is specified in Exhibit "A" attached hereto and made a part hereof. 2, Thc U`I'lI,1TY wili prcparc, at its expcnse, the design and plans for all of the neccssary Utility work specified above, and will furnish to tt�c FDOT no later Febniarv 1,, 1996 complete original plans, sanic as I�UQ'f's contraet plans, all suitat�le for re�roduction by the FDOT, togethcr with a complete set of ' ' . � ' poa�t � io-oian vrn�-nes - a� ��2ds spccifications covering all construction requiremcnts for tltie Utility Work. Final pfans sha11 be complctc in cvery detail and will include a"Summary of Quantities' shect, It will be the responsibilicy of the UTILITY to coordinate the development of the Utility Work plans with the FDOT's plans. Tt�e FDOT, upon request by the UTILtTY, will furnish all available highway infarmation required by the UTILITY for tl�e develo�ment of the Utility WorSc plans; and the FDOT sha11 cooperate fully with the UTILITY to this end. , 3. All of the work on the JPA is to be done according to the ptans and specifications of the FDOT which plans and specifications are, by reference hereto, made a part hereof, The UTILITY will be responsible for verifying the accuracy of the FDOT's underground survey infarmation, and will also be responsible for any changes to the UTILI'TY's plans made necessary by errors or ornissions in the FDOT's survey information as furnished to the • UTILITY. All errors, omissions or changes in the design of the Utility Work wil! be the sole responsibility of UTILITY. In any conflict between UTILITY arxi FDOT specifications, the FDOT's specifications will govern, All Utility Work covering facilities to be relacated to a position within the FDOT right of way will be accomrnodated in accordance with the FDOT "Utility Accommodation Manual." 0 4. The UTILITY, at its expense, will furnish all engineering inspection, testing and monitoring of the Utility Work, and will also furnish the FDOT's engineer with progress reports for diary records, approved quantities and amounts for weekly, monthiy and finai estimates. All field survey control for the Utility Work will be furnished by the UTILITY under the supervision of the FUO'T's engineer. The coordination of the Utility Work with that of the FDOT contractor and other UTILITIES andlor their contractors will be the respansibility of the FDOT, and tlie UTILITY shall cooperate fully in this matter. All inforrnation required for Changes or Supplemental Agreernents pertaining to the Utility Work shall be prornptly furnished tc the FD�T by the UTILITY upon the request of the FDOT. 5. The FDOT will provide the necessary engineering supervision to assure construction is in compliance with the plans and specifications hereinafter referred to, and shall receive all bids for and let all contracts for said � Utility Work all at the sole expense of the UTILITY. All bids for said Utitity Work shall be taken into coruideration in the award of bid on the FDOT Project and the UTILITY shall have the right to review and reject any and all bids on the Utility Work. If said bids �xceed the FDOT's estimated cost by more than ten percent (10%), the FDOT may elect to participate in tl�e cost involved in the Utility Work. Such participation shall be limited to the difference between che FDOT's official estimate plus ten percent (10%) and the amouclt awarded for the Utility Work. In the event the FDOT does not elect to participate in the rnanner prescribed above and tt�e bid is reject�d by ihe UTILITY, then the UTILITY shall arrange, at its own expense, for the prompt construction of the Utility Vdork in acc,ordance with the relocatio�i schedu(e submitted by the UTII,ITY. In the event the U"I'IL1TY elects this option, the UTILITY shall notify the I�DOT of its intent and request the refund of the deposited funds. Upon t}�e reccipt of such notice, the FDO"1' shall amer�d t}�e liigli�vay contract doc�iFnencs prior to award. The UTILITY shall cooperate with the FDO'T's contractor to schcdule the sequence of the UTILITY's work so as nat to delay the work of the FDOT's contractor. The UTILITY sl�all defend any legal claims of the FDOT's contractor ciue to delay�s causcd by the UTILITY's :'ailure to comply with their relocation scheciule, and shall co«�ply with all provision of the law a�id the FDO"t "Utility Acco»unodation Ma»ual." The UTILITY shall not be responsible for �clays beyond its ��orn�al cantrol. �t �io-oia2� tmirnES - ai� ����rs 6. All adjustrnents, relocations, repairs and incidentals required to be perforcned to the existing utitities within the project, not include� in this contract, will be the sole responsibility to the UTILITY and will be handled under a separate agreement and utility relocation schedule, All such work is to bt coordinated with the construction of this projcct and in a manner that will not cause delay to the FDOT contracto.r. 7. A1f services and work under the construction contract shall be performed to the satisfaction of the DISTRICT' DTRECTOR OF OPER.ATIONS or designee, and he shall decide all qvestions, difficulties and disputes of whatever nature, which may arise under or by reason of such contract for Utility woric; the prosecution and fulfillment of the services thereunder, and the character, quality, amount and value thereof; and his decision upon all claims, questions and disputes thereunder shall be final and conclusive upon the parties hereto. 8. The UTTLITY agrees that it will, at least seven (� days prior to ti�e FDOT's advertising the construction project for bid, furnish the FDOT and advance payment, inctuding allowances, in the amount of $235.000.00 for payment of said Utility work. In the event that the actual bid arnount plus allowances is greater than the amount previously provided, the UTILITY agrees t}�at, within fourteen (14} calendar days of notification by the FDOT, it shall make an additional payrnent so that the total amourn provided prior to award of the bid equals the bid amount plus allowances. If the accepted bid amount plus allowances is less that the deposit amount, the DEPARTMENT will refund the amount that the deposit exceeds the bid amoun[ plus atlowances if such refund is requested by the UTILITY. Both parties further agree that in the event fina! billing pursuant to the terrns of this agreement is less than the advance payrnent, a refund of the excess will be made by the FDOT to the UTILITY and that in the event said tiuial billing is greater than the advance payment, the UTILITY will pay the additional � amount within forty (40) days from the date of invoice. The payment of funds as required above will be made as fol(ows (choose one): Directly to the FDOT for deposit into the State Transportation Trust Fund. X Deposit as provided in the attached Memorandum of Agreement (Exhibit A) bettiveen UTILITY, FDOT, and the Florida Department of Insurance, Division of Treasury. 9. Upon completion and acceptance of the work, the UTILITY shall own, control, maintain and be responsible for all of i[s facilities, according to the terms of the utiiity permit. The UIILITY further agrees to comply with all provisions of the FDOT "Utility Accoiilmodation Manual." 10. The UTILITY covenants and agrees that it shall, to the extent permitted by law, indemnify, defend, save and hold harmless the FDOT from any and all legal actions, clairns or demands by any person or lega] entity against the FDOT arising out of ihe joint pariicipation in this Agreement. 11. Upon final payment to the contractor for the entire project, the FDOT shall, within one hundred eighty (180) days, furnish the UTILITY with two (2) copies of its final and complete billing of all cost incurred in connection with the v��ork performed hereunder, such staternent to foflow as closely as possible the order of the items containcd in the job estimate. Thc final billing will sliow the description and site of the project; tlie date on �ti�hich the fi�st work was perforn�ed or the date �n which the last work was performed or the last item of billed expense �vas po�r �io-o�an vr-rc.r�nES • aa� e�� 4 or s incurrcd; and the locatian whcre thc records and accounts billed can tx auditai, All cost records and accounts shall be subject to audit by a representative of the UTILITY within three (3) years a�fter acceptance of the project. 1n the �vent final cost is iess than �he advance payrnent, the FDaT wi11 refund the balance to the UTILITY. If the final cost exceeds the advance payment, tl�e FDOT will be invoiced t;�e for the balanc,e, Upon receipt of this final invoice, the UTII,ITY wili reimburse the FDOT in the arnount of such actual cost within fony (40) days. The UTJLITY shalt pay and additional charge of 19'o per month on any invoice not paid within thc time specified in tl�e preceding sentence until the invoice is paid. 12, The UTILITY shall pay the FDOT's reasonab{e attomey's fees and court costs if the FD�T prevails in litigation for the enforcement of the provisions of paragraph 1, 8 or 12 of this Agreement. 13. This document incorporates and includes all prior negotiations, correspondence, con.versations, agreernents or understandings applicable to the matters contained herein, and the parties agree that there are no commitrnents, agreernents or understandings concerning the subject rnatter of this Agreernent that are not contained in this document. Accordingly, it is agreed that no deviation from the term.s hereaf shall be predicated upon any prior ceprrsentation or agreement whether oral or written. It is fucther'agreed that no modificati�on, amendment or alteration in the terrr�s or conditions contained herein shall be effective ua�less contained in a written document e�:ecuted vvith this same formality and of equal dignity herewith. Florida. 14, 15. This Agreernent shall be governed, interpreted and construed a:.cording to the laws of the State of If any part af this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction, or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this agreement shall remain in full force and effect provided that the part of thus invalidated or declared unenforceable is not material to the intended operation of this Agreem�nt. IN WITNESS W�-iEREOF, the pacties hereto have caused these presens to be executed by their duly authorized officers, and their official seals hereto aff►xed, the day and year first above written, UTIL�TY: : AT1'EST(s): Citv of Clcarwater Gas Systems �Citv oF C1ear.water, FL Flizab�th 4l. Deptula (Title: City Mana��r ) Cynthia F. Goudeau ��,����; Ci. ty Cl erk } Countersigned: Rita Garvey, Mayor-Conrnissioner (SEAL) �proved as to foi-m and Le�al SufFici�ncy: ,--- �.� -c''-�-_,�- - au 1 Richard I-lu 11 Assistant City �ttorney .,. . ' �oa� �iao�a�� � .' urrurrns • a� �s�r� FDOT Approved as to Form, Legaliry and Execution BY: BY: Attorney District Utility Engineer STATE OF FLORIDA ` DEPARTMENT OF TRANSPORTATION BY: (Title: Director of Froduction ) ATTEST(s): (Title: ) ❑ c (S EAL) C� 0 0 EXHBIT 'A' MEMORANDUM OP AGREEMENT THIS AGREEMENT, n�ada and entercd into this day , l99 , by and betwctn the Slate of Florida, Department of Traiuportation, hcr�inaftcr referred to as "DOT" and Q�e State of Florida� Departmeut of Insurance, Division of Treasury, hercinaftcr r�ferred to as 'Treasurer" and Citv c�.� l��watet Gas $ystem , hereinafter refe:red to as the 'Participant". WITNESSETH WHEREAS� "DOT' is currently construcdng the following project: State Project No.: l S 150-3706/6707 F.A.P. No.; W.P.I. No.: 7l 17125 County: Pinellas hereinafter referred to as the 'Project". WHEREAS, DOT and tl�e Participant entered into a Joint Participation Agreement dated , 199 � wherein DOT agreed to perform certain work on behalf of the Farticipant in conjuncdon with the Project. ' WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest of the DOT and the Panicipant if an escrow account were established to provide funds for the additional work performed on the Proiect on beh.alf of the Participani by DOT. NOW THEREFORE, in consideration of the premises and the covena.nts contained berein the parties agree to the following: 1. An initial deposit in the amouut of $ 235,000.00 ( ) will be made by the 'Participani" into an escr�w account. Said escrow account will be opened by DOT on bebalf of the Participant in the name of the Florida Department of Tran.sportation with the Deparnnent of Insurance, Division of Treas�ury, Bureau of Collateral Secvrities upon receipt of this Memoranc3um of Agreement. Such account will be opened and sb.all be deemed an asset of DOT. 2. Other deposits will be made only by the Participant as ne�essary to cover the cost of the Gas facilitv _ work prior to the ezecution of any Supplemental Agreements. 3. All deposits shall be made payable to the Department of Insurance, Revenue Processing and mailed to the DOT Office of Comptroller for appropriate processing at the following address: FLORIDA DEPARTMENT OF TRANSPORTATION Ofiice of Comptroller (M.S. 24) 605 Su�rannee Stre� Tallahassee, Fiorida 32399-0450 A'I"TN: JPA Coordinator A copy of this Agreernent shall accompany the deposits. 4. The DOT's Comperoller ancilor his designees shall be the sole si�utories on the escrow account with Department of Insurance and shall have sole authority to auti�orize withdrawals from s��id account. 5. Unless instructed otl�erwise by Q�e parties hereto, all interest accumulated in tl�e escrow account shall reivain in tlie account for Qie purposes of tl�e project as defined in ti�e )PA. ,,. . . ,. Exhibit A Pag� 2 6. The Treasurer agrees co providc written confimiation of raceipt of funds to t1�e DOT. 7. The Treasurer's Office further agrees ro providc peciodic reports to the DOT. STATE OF FLORIDA STATB OF FLORIDA D�PA.RTMENT OF TRANSPORTATION DEPA.RTMENT OF INSURANCE COMPTROLLER DTVISION OA TREASURY PARTICIPANT SIGNATURE , . Elizabeth M. Deptula, City Manager PARTICIPAIVT ADD�tESS ' . 102 S. �scEOla Avenue Clearwater, FL 34616 . ; ; ' S9-6000289 } FEDERA.I. TAX I.D, � I UR�t 7_`3.'S,1 S;`�� 1'a}r l �+( : i(-�f! t)1 IL�II?111.1I�i.i�:�ict��tr:rr,i tti,��s��c�c:tintu,c� I)I�'ItilUtit)i'Pftl.('t)":tit►ZUc.'fit)N,4 UI_SIC�N JOIN`I' �'1ZOJ[:C"1' AGRE_;(:M(;N"I' CONS'1'I:IJC:'t'1C)N MC)I)II�ICt�'I'IC)N (�tiIUNICII'AI,j COUN'I'Y SI�:C'I'IOIV U'1'll,l'['�' .IOI3/� S'I'�1'I'L ROA[) COUN'I'Y PARCEI. & R/W JOI31/ 15 1 SO (�707 55 Pincllas I N/A T�iCS AGR�EMEN'1', macic and cnterecl inte� tt�is day of 199____, by and bctween the STATE OF FLORIDA DEPARTMENT OF TRANSI�OR'I'ATION, hereinzfter referrcd to as tl�c DEPAR'I'MENT, and the CITY OF CLEARWA'fER , a municiJ�al corE�oration, hereinafter rcfcrred to as thc C1'I'Y. �VITNESSE�'I l; WHEREAS, TI�iE DEPARTMENT is constructing, rcconstructing, or othcr�visc changing a portion of the Statc Highway System, designated by the DEPARTMEN'C as Job No. 15150-3706 , on Road No. 55 , from Live Oak St. to Pasco County I�ine , which shall call for tt�e adjustment, change or relocatian of certain facilities and/or utilities owned by the CITY (whether within the co�-�wrate limits t�iereof or not) and located within the right of way of said highway. AND WHEREAS, the proposed said construction, as above described, has bccn reviewed by tt�e DEPARTMENT and the CITY and said abovc-describcd adjustment, change or relocation �vork hcreinafter be designated as "Utiliry Work", AND WHEREAS, the CITY has expressed its desire to assurne all costs incurred by this "Utility Work" and has requested the DEPARTMENT to include in said Job certain plan and specifications to meet tlie Cl"I'Y'S nceds, AND WHEREAS, the DEPARTMENT and the CITY iiave determined that it wouid bc; to the best interest of the general public and to the economic advantage of both parties to entcr into a JOINT PROJECT providing for such work, NO�V, THEREFORE, tl�e prernises considercd, and in consideration of the sum of One Dollar each to t}ie other in hand paid, the receipt �vhereof if hereby acla�owlcdgcd, and in furthcr consideration of thc mutual covenants hereinafter contained, it is agreed by the partics as follows: 1. The DLPARTMENT vxi tl�c CITY shall participate in a JOINT PROJECT, tlle scopc; of which will cover only CI'CY utiliry facilities witliin t�ie licnits of thc project as included in ti�e pl�uls and estimate of tlie highway eontract, more speciGe��lly described as Pilc ca� cxtensions 2. Ail of the wurk �n lhe JOINT PROJECI' is to be done according to the plans znd specitications of the DEPARTMENT which plans and s}x;citications are, by reference hereto, niade a part hereof. The CITY will be responsible for verifying the aecuracy of thc DEPARTMEN"I"S undcrground survcy inforrnation, and will also bc responsiblc for any changcs to thc CITY'S plans made necessary by errors or omissions in thc DEPARTMEN'I''S survey inforrnation as furnished to the CITY. All crrors, omissions, or changes in th�; design of thc CITY'S "Utility Work" will be tt�e sole responsibility of the C1TY. In any conflict between CITY and DEPARTMENT spccifications, thc DEPARTMENT'S spccifications will govern. 3. All fiCl)USIIII�I]lS, relacatic�ns, rcpairs and incide�itals required to be ��erformed to tlie existing CITY utilities within this project, not i�icluded in this contract, wi(1 be the sole resposlsibility of the CITY. All sueh work is to be coordinated with the constructioi� of this project and in a rnanner that will not cause delay to t�IC highway contractor. 4. All services anci work �znder the constniction colitract shall be performed to ttie satisfaction of the DEPARTMENT's Director, Division of Constn�ction, tiI](� t]C SIl�III (�CClC�C 1II CjllCSil0I1S, difticulties and disputes of whatever nature, which may arise under or by rcason of such contract 1or "Utiliry Work", tlie prosecution and fulfillmcnt of thc scrviced thereunder, and the character, quality, amoulit anci valuc thcrcof; �lll(J t1C CICC1510I1 UPOII AII C��i111S, qucstio�is and disputes thcreunder shall be final and conclusive upon the I�artics hercw. 5. 'I'he Cl'I'Y �l�;l'L'l'ti Itl�li ll WIII, at lcast thirry (3U) clays ��rior to thc UEPARTMENT'S acivertising the project for bid furnish thc DL:1'�11t'I'M l:N"l� an .ulv.inrc cic�>i�sit cs�in�.�tcci at �� 2:iF.7? 1'or full rlymcnt of projcct cost for projcct (��ilc can cxtcnsions _____________.,__,_). S,ii<1 cic��c�sit cstimatc shoulcl hc: thc tc�lri) estin�atccl ��rojcct cc�st ��lus allowanccs. If thc acccptcd bid amount plus .� FOR1i 123•`5�1 OS(91 �'�ge 2 0( � �IOWIIICCS 1S 111 CKCCSS Qf lI1C CIC�OSIt :tIT1011i][ [I1C CI'I�Y �vilt providc an aciditionaf dc�osit within fourtc�n (1�) calcndar days or priar to poseing tlic bid, whiche��er is earlier, so tiiat the totcil dcEwsit is cqual tu thc bid FiI11UllIli �)IUS :IIIOW3nccs. 'l�hc llI;YAR"CMENT may utilize this deposit for the payment of thc project ilr. ca�extcnsions). Both partics furthcr agrec tt�at in thc event t}�c final billing pursuant to tlie terrns of Paragraph S is less than the advzilce dcposit, a refund of aiiy cacess will be tnade by ti�e DEPARTMENT to t}ie CITY; and that in the event said final billing is grcater tl�an adv�u�ce dcposit thc CIT�' will p1y the aclditional amount within 40 days from thc datc of thc invoice. " 6. Upon cornpletion and accept��nce of the work, tl�e CITY shall own, control, mlintain and be responsible for all CITY utility facilities ind�olved, according to the terms of the standard permit required by the State Statutes %r oecupancy of public rights of way. The CITY further agrees that it will maintain and keep in repair, or cause to be maintained and kept in repair, all of such constructed facilities or utilities within the right of way of said State Road, to comply witli all provisions of law and of t��e DEPARTMENT'S manual with amendrnents and specifications for traffic control routing and parking and to conform with t�ie regulations of the DEPARTMENT pertaining thereto. 7. The CITY shall defend, save and hold harmless the DEPARTMENT from any �uid all Icgal actions, clairns or demands by any person or legal entiry against the DEPARTMENT arising out of t�1e p�u�ticipation of tilis Agreement by tlie C1TY, or use by the CITY, of the completcd "Utiliry Work" . 8. Upon cornpletion of the work, the DEPARTMEIIT shall, withui one hundred eighry (180) days furnish the CITY with two (2) copies of its final and complete billing of all cost incurred in co�ection with the work performed hereunder, such sliltement to follow as elosely as possible the order of the items contained in the job estimate. The final billing shall show the description and site of the project; the date on which the first work was performed; the date on which the earliest item billed expense was incurred; the date on which the last work was performed or the last item of billed expense was incurred; the date on whicli the last work �vas performed or the last item of billed expense was incurred; and the location where the records and aceounts bill can be audited. Adequate references shall be made in the billing to the DEPARTMENT'S rccords, accounts or ather relevant documents. All cost recards and accounts shall be subject to audit by a represcntative of the CITY within three (3) years after final billing by the DEPARTMENT to the CITY. Upon receipt of invoices prepared in accordance wieh provisions set forth in the FLORIDA DEPARTMENTS OF TRANSPORTATION General Audit Manual and any supplements or revisions, etc., the CITY agrces to reimburse tlie DEPARTMENT in thc amount of such actual cost. IN WITNESS WHEREOF, the parties hercto have causcd these presents to be executed by their duly authorized officers, and their official seals hereto affixed, the day and year first above written. STATE OF FL�RIDA DEPARTMENT OF TRANSPORTATION : (SF.AL) Dircctor of Production A'I'TES'I': Executive Secretaty CITY OF �LF.ARWATER , I�LOR1llA BY; (SEAL) Tittc:: ATTEST: Approved as to Form, Le�ality, �nd I:xecution S1'ATL OI� FLOItIUA DEPAR'I'MENT OF TRANSI'OR"I'A'I'ION BY: Assistant Att�rnc�� : � -; STA rE OF FLORIDA DEPAR T�f EN T OF T RANSPOR iA T ION PLANS OF PROPQSED s r� T� NI�HwAY � S rATE PRO�EC i NO. I 5l 50 -3706 PINELLAS COUN7Y S.R.55 fU.S. !91 Ww Y1 b � � � f � r R1cj+Er T� ;'y5 B1Ur%'"'� � ��� �... o� � _, ,� . �.�'� rass T a S AEC1N STATE Pli7�/ECT ia. rsi�o-3no�s 57A, ld +SO�OiO �J�. 31 J9B -� �. 545A �r� S.S. RR. � ` ViC1p� t D �.. � r� � ._� l3 Tor -, �Z Ave. SPRIJPGS WA1� �--� � �� 6°yau � j �9 � �mar:s `..� 19 545 f0 + W W + � OcJnED/M '^ b Cl£Mw�TER � � � . i R 1 IM�ETER STA, �9�4J,Gt�2 Kf, S.T�II EA►0 �4IOG�' STA. l9�d7lW .I�Q �(1N r tss s p PIIVELI�S T � s � E�o ea�a� a I _ �''�" STA. ll •19Sdd � �- � 582 �O�e �. FODT PROJECT MANAGER : JA�AL 5, NAGAMlA � ND �� TN1S 15 A HETRIC UNIT PRWECT, ; f i � M� �:�-,� � '�/� ��� -� �- EA � s CLEARWATER CITY COMMISSION Agenda Cover Memorandum ltem # Meetin9 Date 3�'7�R � SUBJECT: Cauntry Hollow Park Easement RECOMMENDATION/MOTION: Adopt Resolution Number 9G-15 Dedicating a 10 foot Sanitary Sewer Easement lying across a portion of Country Hollow Park, �] and that the appropriate officials be authorized to execute same. SUMMARY: ► The owner of an adjoining parcel of land is proposing to convert his existing horne into a group home care facility and needs to connect to sanitary sewer. ► The property owner has filed an application with Central Permitting for annexing his property into the City of Clearwater. ► The City has a sanitary sewer system approximately 200 feet away on Brattle Lane. ► Sanitary sewer can be extended from the existirig line on Brattle Lane, across a portion of the City's Country Hollow Park, to the proposed facility. � To accommodate the sanitary sewer line, the City needs to dedicate an easement across a portion of the park site. eev a ! Lega l__�,;i� Budget N/A Purchasing N/A � Originating Dept� � , iEngineering Depar�� t � User Dept. / � � ;Parks and RecreaVionl � Risk Mgmt. N/A ' ( I' 1 , Adve�tised: �— ± IS N A � r� � Date: � ACM w � i Paper: � ENG. � • ' Not required X j OTHER NA ,;1 � ' Affected parties } Submitted by: � , , � natified � 'i' � City Mana ���C(,..�,� Not-req�ired X Y' � _ .. � HOLLUW.AGN Costs: N/A (Current FY) funding Source: Capt. [mp. Caimission �ction Approved Approved w/ cond i t i ons Deni ed ;i Operating ' �' � Cont�d to �; Other ; i i i ; Appropriation Code(s> � Attachments: � � Resolution No. 96-15 Locat ion Map � � i � i , , ;:'• �� •� �• A RESOLUTIOI�7 OF THE CITY OF CLEARWATER, FLORIDA, DEDICATING A 10-FOOT SANITARY SEWER EASEMENT LYING ACROSS A CITY-OWNED PARCEL OF PROPERTY iINOWN AS COUNTRY HOLLOW PARK, IN SECTION 17, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTTVE DATE. WHEREAS, the City of Clearwater is the owner of the hereinafter described property; and WHEREAS, it is necessary to dedicate a portion thereof as a u�ility easement; now, therefore, BE IT RESOLVED BY THE CITY CONINIIS5ION OF THE CITY OF CLEARWATER, FLORIDA: ,ec�ion 1.. A portion of the property described in Exhibit A atitached hereto, consisting of a 10-foot wide tract as depicted on the attached drawing, is hereby dedicated as a utility easement for use by the general public and the City of Clearwater as their interests may appear. Section 2. The City Clerk is hereby directed to record this resolution in the public records of Pinellas County, Florida. 8ection_3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of February, 1996. Attest: Cynthia E. Goudeau City Clerk Rita Garvey Mayor-Commissioner ;■ :� .0 � EXHIBIT "A" 10 FOOT SANITARY SEWER �ASEMENT COUNTRY HOLLOW PARK A 10 foot tract of land described as follows: Commence at the SW corner of Section 1 7, Township 28 South, Range 16 East, Ciearwater, Pinellas County, Florida, and run S 89°56'22" East, along the South line of said SW 1/4, for 667.46' to a poir�t on the West line of the East 1/2 of the West 1�2 of said SW 1/4; thence run N 00°26'5�" West , along said West line, for 2669.84' to a point on the North line of said SW 1 I4; thence r�n S 89° 50'34"East, along said North line, for 519.93' to a point on a curve concave to the North, a radial line to said point being S 14° 20' 13" West; said curve also being the Southerly right-of-way lir�e of Curlew Road (SR 586); thence Easterly along said right-of-way line and along the arc of said c�rve having a radius of 1969.86' and a central angle of 13 °47'58", 474.44'; thence leaving said right-of-way, run S 00°30'07" East„ along a line 10' West of and parallel to the East line of the West 1/4 of the NE 1/4 of the SW 1/4 of said Se�tion 17, for 430.12'; thence run S 89 ° 50' 17" East, for 65.01' to the Northwest corner of Lot 76 in the Plat of Countryside, Track 90, Phase I, as recorded in Plat Book 82, Page s 57 through 59 of the Public Records of Pinellas County Florida and the POINT OF BEGINNING; thence run S 00°06'32" West for 163.82' to the Southwest corner of Lot 76; thence run N 89°53'28" West 10.00'; thence run N 00°06'32" East 163.83'; thence run S 89°50'17" East 10.00` to the P�B. LEGALI.WJS 01 /18/96 0 � SW CORNER OF �-Y-R: t7-28-16 S- T-R: 17-28-16 THIS IS NOT A SURVEY PARKEAS.OWG DRAWN BY; R8W DATE: O1 /16/96 � , � B I � � � iL £ ( � ' r , w� �� ,I.~ r ;� • CLEARWATER CITY COMMIS3ION t-�t�.� Agenda Cover Memorandum Item # Meeting Pate ' �� �� � SUBJECT: Pier 60 Drive, formerly Marianne Street RECOMMENDATION/MOTION: Adopt Resolution Number 96-14 Officially renaming Marianne Street between Mandalay Avenue and the West Bridge of Memorial Causeway to "Pier 60 Drive", � and that the appropriate off icials be authorized to execute same. s urir�RY : ► The proposed access road to the new Pier 60 Park, West of Mandalay Avenue, has been named Pier 60 Drive. ► Marianne Street between Mandalay Avenue and the West Bridge of Memorial Causeway is a continuation of the new Pier 60 Drive. ► Traffic signs and directional signs, leading the public to the new Pier 60 Park, would be easier to understand if only one street name was used. ► There are cu�-rently no mailing addresses on Marianne Street. Legal � Budget N/A Purchasing N/A Risk Mgmt. N/A Originating Dept Engineering Departr��{StQ ' User �e�Sf � Traffic Fie Opera s Advertised: IS N/A i � � i Date: ACM i � Paper: ENG. ' i � Not required X OTHER ' + NA '`{lli Affected parties � Submitted by: / r, i notified City Manage Plf HU001.AGN Not required X Costs- N/A (Current FY> Funding Source: Capt. lmp. Operating Other Appropriation CodeCs) Comnission Action Approved Approved w/conditions Denied Cont'd to Attachments; Resolution No, 96-14 Location Map � � ;� ► � � ► ► � � • A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, RENAMING ALL OF MARIANNE STREET FROM THE WEST BRIDGE ON MEMORIAL CAUSEWAY TO MANDALY AVENUE TO "PIER 60 DRIVE"; PROVIDING AN EFFECTIVE aATE. WHEREAS, the City of Clearwater wishes to rename ali of Marianne Street, inciuding the access road to Pier 60 Park, from the west bridge on Mernorial Causeway to Mandaly Avenue to Pier 60 Drive; and WHEREAS, the City of Clear�vater desires to obtain the approval of the Florida Department of Transportation to place the street name on an overhead sign over SR 60 in advance of the actual park entrance, BE IT RESOLVED BY THE C{TY COMMISSI�N OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Marianne St., as shown on the attached Exhibit A, is hereby narned "Pier 60 Drive". �ect__ ior�,_?_. The City Clerk is hereby directed to record this resolution in the public records of Pinellas County, Florida PASSED AND ADOPTED this day of F�bruary, 1996. Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk EXHIBI'I' A 4 �SE�IN� l ,,,, ,� a � ~� � \ /� '1� -"• 4 ���tEA ��� � � --------" Clearwater City Cornrnission Agenda Cover Mernorandum I t em # CMeeting Date: , . . .�.._ .�......,..�.....,...._�3 �7 � �� � �SUBJECT: Conceptual Approval Agreement - Acquisition of Boy Scout Camp - Camp Soule RECOMMENDATION/MOTION: Approve agreement between the Florida Comrnunity Trust (FCT), an agency within the lorida Department of Community Affairs and the City of Clearwater desc�ibing activities that will be conducted both prior to and subsequent to acquisition of Camp Soule. � and that the appropriate officials be authorized to execute same. BACKGROUND: * The Florida Preservation 2000 Act provides the Florida Department of Community Affairs with 10% of the net Preservation 2000 Revenue Bond proceeds to provide land acquisition grants and loans to local governments through the Florida Community Tr_ust. * A private local citizens group made application to Fl�rida Community Trust for the grant funds to purchase the Boy Scout property known as Camp Soule, located immediately south of the City's Lake Chatauqua Park and north of the City property proposed for a neighborhood park at the north terminus of Soule Road. * Florida Community Trust, on February 8, 1996, approved the Camp Soule project and agreed to fund $1,419,625 which is one-half of the $2,839,250 necessary �o acquire the property. The application stated that private and corporate charitable contributions would likewise contribute $1,419,625. * This Conceptual Approval Agreement describes a host of activities and requirements which are pre-requisite to the actual disbursement of the acquisition funds and is entitled "conceptual" in that final acceptance by both parties is contingent on the satisfactory resolution of several considerations - i.e, a project manage�ent plan describing how the property will be used and managed must be approved by the Florida Community Trust prior to actual property purchase. We under.stand the manaqement plan will envision the Camp Soule property to be operated b� the Boy Scouts at no expense to the Reviewed by: Legal Budget Purchasing Risk Mgmt. CIS ACM Other � 1 ii �r% �. .. S�ni tted by: � las � CitY ager Originating Dept: City Manager Use� Dept: Advertised: Date: Paper: D Not Required Affected Partics � Notified � Not Required Costs: S see text Total $ see text Current Fiscal Yr. Funding Source: o cap;cat tmp. ❑ OperAting � Other Appropriation Code: Comnissio� Action; � Approved 0 ppproved a/conditions � Denied � Continued to: Attochments: Conceptual App�oval Agreement City Attorney Mcmo 2/16/96 � None - 2 - City and to be offered to the public for group use only. * It is noted that the grant recipient "shall protect and improve the water quality in the lake", and is required to remove or mitigate any known pollution source. Depending upon a determination as to the true effect certain existing septic tanks are exerting upon the lake, this requirement can become rather costly. It is City Environmental staff's belief that the lake's pollution problems are a result of typical urban stormwater runoff and not from neighborhood septic tanks. If this be the case our Alligator Creek stormwater manage�ent plan, currently being prepared, will address the proper program for pollution abatement and water quality improvements. If sanitary sewers are necessary to eliminate the septic tanks at Camp Soule, the cost of such an endeavor would be approximately $100,000. The cost of extending sanitary sewer lines to the various private residences surrounding Lake Chatauqua has not been estimated but would certainly be many times the cost to serve Camp 5oule alone. * While the current understanding is that the project�s management plan will call for the Boy Scouts to operate and maintain the Camp facilities at no cost to the City, if such is not the case, or if the operating mode should change and the Ci�y become responsible for the Camp's facilities, an annual operating and maintenance cost would result. * Because of the numerous considerations which are to be addressed by the management plan, and because the management plan is yet to be written, one should view the appr.�val of this Conceptual Approval Agreement only as an indication of the City�s desire to see the property protected and a willingness to �ake part in an arrangement which addresses its concerns. It would then, of course, be the task of the State, City and Boy Scouts to draft a plan that satisfies all parties. * Should the Commission decide to proceed with this matter, the research necessary to establish cost estimates for the various items identified in �his memo will begin. An outline of the Commission's position relative to the points of the final agreement will be necessary for negotiating a final document. �� ► - � F�"I' C'c�nt�art z FLORIDA COMI`TLINITIES TRUST �. _ ____. ----•- I'�6 ,�1�'ARD� 95-0?:i-PSb CONCEPTUAt. �11'f'RO�'aL �GRE�,ti1E1��T 1'H1S AGREL'ME�'T is entered int� on , 1996, the date the I�,t pany executes tliis ASreement, by and between the FLORIDA COMMUNITIES TRUST ( FC'7' 1, a nonre�ulaton- ac:ency within the State of Flocida Department of CommunitY Affairs, and CI'l'1' UF CLEAR��'�TER (FCT Recipient), a local �over»ment of the State of Florida. The intc»t u1�ti�is A�;ree�»ent is to impose terms and �onditions on the use of the proceeds of certain boncis, 1�ereinafter described, and the lands acquired with such proceeds (Project Site), that are nzce•s�rv to ensurr compliance with applicable Florida La�v and federal income tax law and to other�uise implernent provisions of Sections ?59.101, 375.045, and Chapter 380, Part 111, Florida Statutes (F.S.). * * * * * * * WHEREAS, Chapter 380, Parc 111, F.S., the Florida Communities Trust Act, creates a �iontes�ulatory a�enc,y within the Department of Community Affairs (]Department) that will assist loca{ ��vernments in brinLin� iocai comprehensive plans into compliance and implementing the �:�als. �bjectives, and policies of the conservation, recreation and open space, and coastal elen�ents of local comprehensive plans, or in conservin� natural resources and resolvin� land use conflicts by providin� financial assistance to local eovernments to cam► out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, Section 259. ! O l(3)(c} of the Florida Preservation ?000 Act provides for the distcibution of ten percent (106/0) of the net Preservation 2000 Revenue Bond proceeds to the ' Dep�nrnent of Community Affairs to provide land acquisition grants and loans to Iocal �:overnn�ents throuLh the FCT: WHEREAS, the Gover-nor and Cabinet authorized the sale and issuance of State of Florida Depanment of Environmental Protection Preservation 2000 Revenue Bonds (Bonds); WHEREAS, the Bonds are issued as tax-exempt bonds, meaning that the interest on the Bonds is excluded from the gross income of Bondholders for federa! income tax purposes; VVHEREAS, Ruie Chapter 9K-4, Florida Administrative Code (F.A.C.), describes the procedures for evaluation and selection of lands proposed for acquisition using funds allocated to the 1�C'f tl�rouLh the Depanment of Community Affairs from the Preservation 2000 Trust Fund; C.�A/95-03 �-PSG cont.clrafl/ I -??-96 . � �1'HFkE.�S, tl�r FCT GoverninL B�d�� met on December I�d, 1995, to score, rank and :�I���•� �,r�jrct� tha► ��r�'r ►c� receive C�ncertua) .4pproval f�r fi�ndins;. 1�'HEREAS ilie FCT Recipient's project, descrihed in an application submitted for r����l<<<iti�n. N�as selected for fundinL contin�ent upon and until the sale of the 1996A Preservation �'Ui)t � tion�. ai�d in acc�rdance with Rule Chapter 9K-4. F� C.. and more particularl�� described ��•ithin this .�Lreen�ent, ��'I�L•RE.4S. K�►le 9h-4.010(?)(�, F.A C., authorizes FCT to i��pose conditions for tii��cl�n�� c�n tliose FC"C applicants whose projects have heen selected for funding; and �1'HERE AS, tlie purpose of this A�reement is to set forth the conditions of Conceptual .�p��re���a) that must b� satisfied by FC'T Recipient prior to the disbursement of any FC"f Prece����ti�n ?000 fi,nds awarded, a� well as the restrictions tliat are imposed on the Project Site u�b•�c�uent tc� its �c��uisitic�n with the FCT Preservation 2000 Series Bond Proceeds. �()�� �I'Ht�RE�ORF, t=CT anc! FCT Recipient mutuall�� azree aa follo��-s: t. GF��ER.4L CO�'DITIO�'S I. At least two ori�inal copies of this Agreement shall be executed by FCT Recipient and returned to the FC?' office at 2740 Centerview Drive, 'Tallahassee, Florida 32399-2100 as soon as possible and before April l, 1996. Upon receipt of the signed Agreements by FCT , FCT will execute the Aereernents, retain one ori�inal copy and return all other copies that have been exec��ted to FCT Reci��ient. 1f the FCT Recipient requires more than one origina) document, the FC"I� Recipient should pl�oiocopy tl�e number of additional copies needed, and then execute each as an �ris:inal docurnent. ?. The name ('nnceptr�alAppru��alA�reemei�t is used to indicate that the project has been approved as a concept that was described in FCT Application #95-023-P56. Since the project site has not yet been negotiated for acquisition, s4me elements of the project are not yet kno�vn, such as the purchase price, other project costs, and the terms upon which an owner will voluntarily con��ey the propecty. The Conceptual Approva) Agreemeni is in every respect a grant �unir�ct bet�,-een the panies. The A�reement describes activicies that will be conducted both ��ric�r �nd subsequent to acquisition of the project site, which is the subject of the application that ����:.ubmitic.�d and selected for fundini bv the FCT. � Conceptual Approval for fundinL shall be contintient upon and unti! the sale ofthe I 996A Preservation ?OOU Bonds, scheduled to occur spring l 996. Upon the sale of the I 996A [3onds, this contin�ency clause shall be removed by an addendum to this Agreement. Conceptual Approval for fundin� shall be until November 8, 1996. In the event the project has not been completed in fu11 by 1�'ovember 8, 1996, the Conceptual Approval Aereement must be extended CAA/95-0? �-P56 cc�nt clraft/1-??-96 � ? in c�r�icr tl�a� Ihe �rant µill remain in etlect In adti�ance of the I�ovember 8, 1996, date and in .<<tli:���nt tii»e hefc�r�•,� mr�tin� �t�the FC"I� �ov�rninc► b�ard that ���ould allov�• appr���al ofan r������.�,,�� tu tl��; ,�Lr �rm�nt before it� ��.���iratior�, the rC'f- Itecip�ent n�ust request a v► ritten ���i���i•�un tc� tl�e C���cepival Approval rlLreeinent for prc�ject continuation in compliance with fZul�� ��I:-a U 10(?)� I;�. F,� C If the FC�' Recipient does not request an extension, or if an ���t�•��.��►>> is nc�t Lr�ntrd to the FCT K��i��iri�t h�� the FCT G���ernin� Body, the Preser�•ation 200U �►��,�rd ir�nted �� th� i�CT Recipient h�� �he Governine Bodv sha{I terrninate and all obiiLations I�ri•��u���1er shall ceas� =� Extensions to this As;ree»aent, described in Paragraph 3 above, shall not exceed c«�o (�) vears fram date the Agreernent was approved by the FCT, except as described in this parauraph. lf the project is not concluded by February 7, 1998, the project may only be ext��,�cicd i!'tl�e FCT Governing Body determines that a request for additional time to complete the E�rc�j�i•e i� based up�n corn�ellin� anci extraordinary circumstances that wou{d have preciuded the ��rc��e�t I'rom havin�; be�n concluded sooner. This two-year limitation is based upon the FCT's cc�ntin�,in� concern at the len5th of time required by many iocai governrnents to conclude their ��ro�Ccts, as well as the Florida Le�islature's on-�oin� concern at tl�e rate of expenditure of FCT's Preseiti•ation 2000 funds. ti. This A�reement may be terminated before its expiration at the written request of t he FC'T Recipiern. Such a request shall fully describe the circumstances that cornpel the FCT Reci��i�nt to terminate the proiect. A request for termination should be mailed to the offices of chr !=t'"!' at the address �iven in para�raph l above. The request for terrnination will be placed on tl�C �+�,��nda of ti�e nexi �-e�ularly scheduled meetins; of the FCT Governing Body for concurrence b�� ti�r FCT The termination shall be acknowied�ed by the FCT in a letter to the FCT Recipient. Circumstances may nrise that, in the analysis of the FCT, warrant termination of the proiect before its completi�n . In such an event, the FCT will advise the FCT Recipient of its analysis and will confer with the FCT Recipient on continuation of the project. If the FCT Recipient concurs, a request for termination will be considered at the next regularly scheduled meetin�; of the FCT Governing Body, G. FCT Recipient aerees to rnake dili�ent efforts to submit the documentation that is reqi�ired in tl�is Aureernent as soon as is reaso.nably possible to FCT so that the Project Site may be acquired in an expeditious manner. Deadlines stated in this Agreement, as weil as deadlines �ss�ciated with any FCT activity relatin� to the project, are strictly enforced. Failure to adhere to deadlines, whether staced in this Agreement or associated with meetings of the F�T Governing Bod�-. may result in delays in the project, may result in allocation of tirne or resources to other recipients that responded timely, and may result in this As;reement being voidable. It is the �esponsibilit�� of the FCT Recipient to know all project deadlines, to devise a method of monit�rin�; the project, and to adhere �o ali deadlines. CAA/95-023-P56 cont d raft/ 1-??-96 3 0 7 Thr I�('T i'rese�� �ti��� ?(1U0 ati ard �ranted tc� the FCT Recipient will in no event r������ci il�c� Ir��rr ��t'f�l�"I'1' �»rcc�ni I�U"�1 �fthe final t�t�l pr��ect co.ts, as defined in Rule9K- -I �i�►�� � I). F.� t' .��t UNE MILLIU� ('nl,'R Hl.'i�DREU tiINE't'EE1 THOUSr�D S1X Hl,'!�'nItED '1'V�'Eh'fl'-FIVE AND UU/100 Dollars (SI,al9,6?5 00). unless the FCT Governin� l3�d�� ���nmve� a Lrc:�ter a��iount pursuant to Rule 9ti-� Ol 1(?)(a). F.�.0 � The Lr�nt amount stated �araLraph 7 ab�ve i� based on the FCT Rec�pient's ��st���iatr of 'I�otal f'rc�iect Costs in appiication n9�-023-!'�6, as ���ell a� limits on awards in the Nc�ti��� �f �pplication Period announcin� the application cvcie. 1�'f�en disbursing funds for the ��rc�s���. tl�e NCT will reco�nize tl�e �ctual sotal Project C�sts. defined in Rule 9K-4.002(31), .. F�(' , lor acc�uisitic�n of the Project Site. The total project cost� ��ill be reflected on a�rant recc�i��iliation statement prepared pursuant to para�raph 10 below. The FC1' will panicipate in the land cost at eitl�er tl�e actual purci�ase price, or the maximum approved purchase price based c►n �����raisal re��ort� that comply with requirements set forth in Rule 9K-6.007, F.A.C., whichever is les�, and multiplied by the percent stated in paragraph 7 above.. 9. The FCT Governing Body has given Conceptual Approval for funding to acquire the entire Project Site identified in the FCT Recipient's application #95-023-P56. The Governing Rod�- reserves the ri�►ht to withdraw tl�e FCT award if the acrea�e that comprises the Project Site is reduced so that the obiectives of the acquisition cannot be achieved. Where the Project Site is comprised of multiple Narcels, the Governin�, Qody reserves the right to withdraw the FCT award if the ��riority parcel{t), identified in the acquisition plan prepared pur�uant to Paraeraph 4 of Sect ic�n I t below and attached as Exhibit "A " to this Agreement, cannot be acquired. 10. The FCT funds shall be delivered either in the form .of elis;ible Project Costs ��rep�id b}� FCT to vendors or in the form o� a state warrant at the ciosing of the Project Site to tlie Seller or the Seller's desi�nated a�►ent authorized by law to receive such payment, provided the Ca�»�troller determines that such disbursement is consistent with �ood business practices and can be cu,i�pleted in a manner minimizin� costs and risks to the State. If the Project Site is comprised ot� muitiple parcels, FCT shall deliver at the closin� of each parcel only the share of the FCT a��ard tl�at corresponds to the parcel bein� closed. FCT will prepare a grant reconciliation �caten�ent prior to the closing of the Project Site parcel that will evidence the amount of local match, if any is required, provided by the FCT Recipient and the portion of the FCT award that corresponds to the parcel being closed. �ash expended by the FCT for eligible Project Costs incurred by the FCT will be reco�nized as part of the FCT grant award amount on the grant reconciliation statement. 1 I 7'he FCT Recipient's local matcl�, if any is required, shal) be delivered either in the torm ot' eliLible Project Costs prepaid to vendors by the FCT Recipient, or in the form of cash, eliuible donation of land value or FCT Recipient's warrant at the closing of the Project Site. If the Proiect Site is comprised of multiple parcels, the FCT Recipient shali del�ver at the closing of each parcel the share of the local match, if any is required, that corresponds to the parcel being closed. CAA/95-023-P56 c�nt.draft/ I -?'?-96 4 "1'hc� �•�sh ex�endeci 1��� tlie FCT Reci��ient for eliuible Project Costs incurred by the FCT Recipient c�nclu�tin� acc�uici�ic�n activities will he recoinized as �art of the local mateh, if anv is required, c�n il�� rcconciliation �tatement prepai-ed pur,uant to para�raph IO above. ]n the event FCT Recinient's aPplication #95-023-P56 represents that land is the source of local match, if any is rec�►�ired, the value attributed to the land local match, if any is required, shall be determined after �in ������r��i�al re��on �I�at ca»>plies ���ith the ��rc�cedures and requirement� set forth in Rule 9K- c� � ►�, � �� ,a c' I?. The f=CT Governin� Bod�- adopted the Preservation 2000 Prosram Approved List oi' ('���»��lete Applications for Series P�6 F�,ndin� Cycle on September I 4, 1995, at which time the 1'rcij�ct Site became pan of a list �f I�nds tliat were approved for consideration for land acc�ui�ition. If aciion initiated by the FCT Recipient that is tl�e local government havin� juriscliction over the project site, subsequent to September 14, 1995, results in a governmentally- deri�-ecl i�i�her value due to an enhanced hiLhest and best use, the FCT acquisition activities will he te��ii�inated unless tl�e seller aLrees that the appraisal will be done at the highest and best use of t hr I'rc�jert Sitr on c�r before September I 4, 1995. I� FC7' Recipient hereb�� notifies the FC7' that the followine individual is the ���t I�c►�•ized k�y contact, or project manaSer, on behalf of the FCT Recipient for purposes of c�orclinatin� projec� activities for the duration of the project: ?�ame- Title: Add ress � Ph�ne� Fax� I 4 This ,A�reement may be amended at any time prior to FCT �iving project plan approval to the FCT Recipient. Any amendment must be set forth in a written instrument and a�reed to by bc�th the FCT Recipient and FCT. It, REQUIREMEI�TTS THAT MUST BE MET PRIOR TO [NITIATiON OF PROJECT S1TE NEGOTIATION I As was requested ;n the letter from FCT to FCT Recipient dated Dece�»ber 30, 1995, the FCT Recipient must provide F�T with copies of the Property Tax Id�ntilication cardc for each parcel that comprises the Project Site no later than Februac°y 8, I �Iyl►. . ?. The FC7' Recipient hereby notifies the FCT that ' [note: elect either FCT, FCT Recipient or FCT Recipient Agentj will be the party responsible for all ne�otiation and acquisition activities. CAA/95�023-P56 c�nt.ciraft/I -?2-96 S � A� .�a� requested in ih�� le��er t'rom FCT to FCT KeciPient dated December ?0, I����� nc� I�ie�r than .1i;irc�i 1, 19yb. thr FCT KeciE�irnt n�u.� cic�li�•er tc� FCT a written statement li��i►� il�� I'ruyec;i Sit� pru�»n� ���n�rl�f �•�icic•�1�fItL tllAi tltC c���ttc�rt �y i, ��illin� to enleriain an otl��r I i�vii� the FCT Recipient and FC'T -� Nur�uant to Rule 9K--� U 10(�'►�j). F.A C., in the e���nt the Project Site is comprised �1� ni��lti��le parceis. FCT Recipient will provide an acquisition plan attached as Exhibit "A" and �ii��cl�� �� part of this .��reement. The acquisition plan must be approved by FCT prior to the con>>nence�nent of ne�otiat�ons for an,y parcel in the Project Site. The acquisition plan addresses the �rder in which the Project Site parcels will be acquired and the measures that will be taken to assurr tl�at tl�e entire Project Site will be acquired with the FCT Preservation award to the FCT Reci��ient. Approval of the Conceptual .4pprovaf A�reement, witl> >he acquisition plan at�ached as E�I�ibit "?+", shall constitute appro�•al of che acquisition plan b�� FCT. � No lacer than A�ril I, 1996, the FCT Recipient shall execute a Confidentiality �Lre�rnent pursuan� to Rule 9K-6.010(5), F.A.C. A sample of a Confidentiality Agreernent is artacl�eci as Exhibit "B"; an ��reement specific to this project will be prepared by FCT for exec�ition b�- the FCT Recipient. This Confidentiality Aereement is not a part of this As;reernent a��d �»�iv he amendzd �►�i�how arnendini this Agreement, if needed, �. By e�ecution of this ��reement, the FCT Recipient a�rms that: a the FCT Recipient i. ready�. �villin`s and able to provide the local match, it' ����� i. rrquired, b, the FCT Recipient reai�irms the representations rnade in FCT Application �9�-U? �-P�b; c. the FCT Recipient shall, on the anniversary date of the approval of th�e project plan by the Goveming Body, prepare and submit to FCT an annual report as required by Rufe 9K-4.013, F.A.C. d. the FCT Recipient authorizes the individual narned in this paragraph to execute afl documen�s in connection with this project on behalf of the FCT Recipient, inc�uding but not lirnited to the Conceptt,ai Approval Agreement or any addenda thereto, purchase a�reernent for the propeny, �rant reconciliation staternent, closing documents, statements submitted as a part of the project plan, and Grant Award Agreement pursuant to Rule 9K- 6 014(6), F.A.C.: !�' m �'itlr Addrrss� h �n �. F � CAA/95-023-P56 cont.drafi/1-2?-96 6 �i�. r��ic�.iF:c-r ��t.�►� .�i�i�HC���.�►� I I'riu� t�► �lu,in� of thr real ��tate transacti��n ancl tinal di.bur•ement of ati�ard funds b`� N('T, tl�e FCT Re�ipient must prepare a project plan that complies with Rule 9K-4.01 1, F.A.C. Tiii• ��roject ��lan is � com��ilation ot'tl�e foll�«-in� items listed below, �vhich must be reviewed and ap��r�����ed 1��� FCT iii a ii�eetinS of the Governins; Body. !n the event that the FCT Recipient is a ���rt n� r.hi�, the FCT Recipient must provide FCT with the interloca) a�reement that sets forth the ���I;it���i�•lii�� ��z�onL tl��� partners ai�d the fiscal and manaLement resp�n�ibilities and obli�ations in.•uir��ci h� r�+rh ��rt���r for the Project Sit� a. a pan of its projrct plan. �1'h�� ��r��.iec� ��lan sh��ll include, and shall not be considered b�� FCT unless it includes al) of the t�ll���� in� a. A purchase a�reement for acquisition of the Project Site, executed by the pro��eny seller and the FCT Recipient, that is based on an appraisal ar appraisals prepared consi�tent ��vith the rec�uirements of Rule Chapter 9K-6, F.A.C., and be otherwise consistent with the ��rovisions of that rule chapter and in a form and wi�h terms that are acceptable to FCT. (See I'�r�zr�pl� I of Section I�' belo���) b A»>ana�ement pian that complies with the following: written according to E�:I�ibii C{FCT Technical Assistance Bulletin �?--Writing a Management Plan), which is attached i�eret�� and incorporated herein b�� reference; acceptable to FCT; addresses the criteria and conditions set forth in Section V, V1, VI1 and VIII hereinbelow; and, at a minimum, sets forth how the site will be mana�ed to further the purpose of the projecc, contains a description of all �lan��ed improvem�nts to the Project Site, identifies the costs of mana�ement and site imE�rc�vernent and fundin�= sources, and idertitifies the manaeement entitv and its fundin� source. I f t I��� t=C1� R ecipient is not the proposed mana�.:in� entity, the project plan must include a signed a�rezn�ent between tl�e FCT Recipient and the managing entity stating the mana�ing entity's ��rillir��ness to rnana�:e the site, the manner in which the site will be managed to further the purp��e(s) of the project, and identification of the source of funding for management. C. project development. �1 A statement of the total Project Cost, including all non-recurring costs of A statement of the amount of the award beine requested from the FCT. e. . A statement from each local government in whose jurisdiction the Project Site i. l�cated t hat the project plan is consistent with the locai comprehensive plan. f, Evidence that the conditions imposed as part of the Conceptual Approval ALreement have been satisfied. CAA/9�-0? �-P56 coi�� cirat't/ l -??-96 7 �; -�n atlid���it from the FC'T Recipient evide�icins: chat aher conductin� a dilic�ent ,���r;li, t I�e f=C'T R�ci��ient, t� the best e�l' it• I:n����ledLe. re�reeent� that there are no existin5 or ��e:nclinL vic�la�ion� c�t�am� local, statr, rc:��i�nal and federal laws and reLUlations on the f'roject Site � The {=CT stron�l�� cnr�ur,��;e• the FCT Recipien� to request a courte�y review of it� �•ni ire ��rn.irc� ��I�n, l�u� especiall�- ii, mana�ement plan, well in ad�•ance of the meetin� of the t�C' I���>`eri�in�; B�d�- where �he pro.jec� ��I�n ��ill be consiclered for approval and funds will be �utli��riced for disbw•.en»nt. As a pan of its duties to the Governin� Body, FCT Staffwill make � r«•u,»�i�endation of approval of c�rnplete and accurate project plans or disapproval �f in����ii��lete or insufiicient project plans. FC1' Reci�ient is stronLly urs�ed to coordinate with the FC"I' ataff in order ti�at the FCT review of the mana�ement plan coincides with both the an�i�ipated Governins! Body appro�•al and the closin� date of the real estate transaction(s) �:•c+ii�te�i �vith the ��r�ject � Pursuant to 9K-4.01 I(?)(h), F.A.C., FCT shatl withhold project plan approval if clie Ie��al c�mprehensive plan(s) of tl�e FCT Recipient or the FCT Reeipient's partner is, for any s-r�:c�n found no� in compliance b1� tl�e Department after conceptual approval has been granted by FC'1'. uniess the FCT Recipient ha� executed a Compliance A�reement (formerly called a stip«lated settlement aSreement) with the Department to resolve all of the issues raised by the De�artment in a statement of intent to find a plan not in compliance issued to pursuant to Section 163.31 S4(8), F.S. �. Aursuant to Rule 9K-4.0 l0(3), F.A.C., the FCT shall publish a Notice of Ap�+roval to�- Preser�•ation 2000 Funds in the Fiorida .Administrative Weekl_y that shall list each project plan ti�a� i��s received app�-��•al for fundin� and ti�e amount of fundin� approved. Any person with a �ubst��ntial interest that are or may be determined bv the decision of the F�CT to reject or approve the p�•oject plan may request an administrative proceedin� pursuant to Section 120.57, F.S. ���ithin ? I days from publication of the Notice of Approval for Preservation 2000 Funds. Real estate closin�s associated with the project may close only after expiration of the ? 1-day notice ��eri��d. so IonL as no rec�uests for an administrative proceedin� have been filed. I�'. PROJECT SITE ACQU(SiTION REQUIREMENTS IMPOSED BY CHA PTER 259, CHA PTER 375, AND CHAPTER 380, PART �II, F.S. FC"f kECIPIENT AGREES AS FOLLOWS: I FCT sl�all a�prave the terms under which the interest in land is acquired, pursuant to Section 380.510(3), F.S, Such approval is deemed given when the FCT governing body approves and executes the purchase agreement for acguisition ofthe Project Site, further deccribed in Section II1. l.a. above, to which FCT is a party. C`A.4/95-0?3-P56 ��nt.clr�t't/I -?3-96 8 = 'l itl�� ��► tl�r t'rc�.�ect Sitr .hall hc: ti�led ii� thr h('T Kc�ipient, unless the FCT It��� ������nt :���•� ili�,�ll� r�c�ur�t� that �i�l�• :h��ll ��rrr�iaiieiitl� � r�1 in Ihc� Bc�ard of Trustees �f the I�����i ii,il I n���i c�� ��ni��ni �(�rutit Fund I�I ruair�: i Su� h rrc�u���l �hall hr •ub.ject to the a�pro�•al of FC1' �nd tl�e Trustees The FCT Recipic;n; I�ereb�� elects that title to the Project Site shall be ��e.c��cf in [Note--incert eitherche name ofFCT Recipient or l3c��irci c�i'Trustees ul�lnternal Impr���ei»��nt Trust Fund) If the FCT Recipient elects that title sl��ll ���,�st in the Tru�tees, then al) acquisition acti�•ities shall be administered by the Division of St�it�� Land� a� specified in Section �' �3 U? �, F S., and Rule 1 S- I. F A C. � The tr�nsfer of title t� the FCT Recipient for tlie Project Site shall not occur unti) th�� rrc�uirei»ent� fi�r the acquisition ot'land:, �s specified in Section 380.507(l 1), F.S., and Rule C�������ic:r �)K-(�. F..4.0 , have been fi�ll�� coniE�lied ���ith by the FC'T Recipient and FCT. �1 Anv deed wherebv the FCT Recipient acquires title to the Proj�ct Site shal) contain c>>� h�� ��bject to su�h c�venants and restricti�ns as are, at a minimum, suflficient to ensure that the u�e ol'tl�e Project Site at all tin�es complies with Seetion 375.045 and 375.OS1, F.S.; Section 9, .�nicle Xll of�tl�e Sta�e Constitution; the applicable bond indenture under which the Bonds were issucd; and an�• pro��i�ion'of the lnternal Revenue Code or the re�:ulations prornulgated thereunder tl�at ����•tain t� tax exempt boncis and shall contain clauses providin�; for the convevance of title to the !��-�ject Site in che Board of Trustees of the lnternal lrnprovernent Trust Fund upon failure to u.r �I��, Nrc�j�ec Site conveved therehy for such purposes. Such covenants and restrictions as are c�r:�•��it�cd in th;, para�raph shall be in the form ofa Grant A�vard .aireem�nt, prepared by FCT, �x��i�ted bv ti�e panies io the Conceptua! .4ppro��ai Agreement and recorded at the time of closin� of the Project Site. The recordable Grant Awa�-d Agreement shal) restate the conditions tliat �{�ere placed on the Project Site at the time of project selection and initial grant approval. All statements contained in the recordable Grant Award A�reernent are contained in this Conceptual Approval .As�reement, with the exception of staternents that do not survive the real estate closing of the Project Site. 5. The Grant Award ALreement containing such covenants and restrictions as refe�•enced in para�raph 4 above and describing the real property subject to the Agreement shall be ex�cuted b�� the FCT and FCT Recipient at the time of the conveyance of the Project Site and sliall be recorded in the county in which the Project Site is located. 6. If any essential term or condition of the Grant Ati�ard A�reement is vioiated, and the FCT Recipient does not correct the violation v��ithin 30 days ofwritten notice of vioiation, title to all interest in the Projec� Site shall be conveyed to the Board of Trustees of the Internal Impr�ve�nent Trust Fund. The deed transferrinp title to the Project Site to the FCT Recipient shall �et i'onh the executorv interest of the Board of Trustees of the Internal Improvement Trust Func. CAA/95-033-P56 cont.draft/1-?2-96 9 ,'I'I�e ii�ter��.t. it'arn-, acc�uirrd h� th�� FCT Reci�ient in the Project Site shall not serve as •c.����i it� li�� �iit� d��l�t t�t�ll��� FC�f Ke�t4�i�ni 8 lf the e�istence of the FCT Recipient terminates for an�� reason, title to all interest in r���l ��r���en�� it ha• acc�uired with the FCT award shal) be con�-eved or revert to the Board of "l�ruxir�a �t�the Intcrnal Irnpr�vernen� 'f�ru,t Fund. uniess FCT neLOtiate� an a�;reement with anc�tli�r Ic�c�l L�verni»rnc ar n�nproiit c�r�,�nizati�n which aLree� to accept title to all interest in �iic! iu �»ai��L� the I'rujr�t Sic�. �) Thr I�roject Site shall l,e n�:►na�_ed only for the consen�ation, protection and enl���icement af natural recour�es and for �ublic outdoor recreation tl�at is compatible with the c��n�c�rvation, protection and enhancement of the Project Site, alons: �vith other related uses necessaiy f'or the accomplishrnent of thi� purpose. Tf�e proposed uses for the Project Site must be s��ecilicall;� desienated in the rnanaeernent plan approved by the FCT as a part of the project plan. �'. OE3LICATIONS OF "I'HE FCT DtECIPIEt�T AS .4 CONDITION OF PROJECT FUNDING I. Followine the acquisi� ion or the Project Site, the FCT Recipient shall ensure that �he ti,ture land use desi;nation assi�ned to the Project Site is for a categor}► dedicated to open .���rr. �onservation, or outdoar recreation uses as appropriate. If an amendment to the FC? Recipirnt's comprehensive plan is required, the amendment shall be proposed at the next co��i��rehensive plan amendrnent cycle available to the FCT Recipient subsequent to the Project Site'a acquisition. ?. FCT Recipient shall ensure, and provide evidence thereof to FCT, that all activities under tl�is A�reement comply with all applicable iocal, state, regional and federal laws and reLUl�tions, including zonin� ordinances and the applicable adopted and approved comprehensive plan. Evidence shall be provided tr� FCT that all required licenses and pernnits have be�en obtained pri�r to the commencernent of any construction. � 3. The FCT Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the management plan approve bv the FCT as a part of the project plan. 4. FCT stafior it� dulv authorized representatives shall have the right at any time to in��cc� tl�e Pro�ect Siie and the operations of the FCT Recipient at the Project Site. 5. All buildins;s, structures, ii�provements, and signs shall require the prior written approval of FCT as to purpose. Further, tree removal, other than non-native species, and major land �+Ite,�atio�s sha)1 require the written approval of FCT. The approvals reyuired from FCT sha11 CAA/y5-U23-P56 � c�nt dr�ft/ I-??-96 10 na� hr unrea:�nahl� �� ithheld h�� FCT upun sufii�ient dernon�trati�n that the proposed structures. huilciinL:. impro��ernrnts. ciens. ��e�e�atian rci»�val or land alteration< «�ill not adversel�� impact t h� i�;�t <<ral rc•t�u�ct� ��t't hz Proiect Site The appro��al b�� f�CT c�f the HCT Recipient's man�+�ement plan addressing the items n�ent�oned herein shall be considered written approval �1'(1111 f=C'T �'1. nRLIGATInN� nFTI1E FC"I' KECIPIENT 1tELA'I'ING �'O TH E l!SE OF RO^'[) f'ROCEEDS I FCT is <i�itl��rized by Sectian� 375.043(4) and 3s0.� lU(7)(a) and (b), F.S., to impose c�ncliti�ns for fundiii�� on FCT Recipient in order to ensure that the project comp)iec with the r�qtiire�nents for the t��e of Freservation ?000 Bond proceeds incfudin� without limitation, the pru� �:���n� u1'the lnirrnal Revenue Cc>de and the res�ulations promul�ated thereunder as the same ��rr��i�n t�� tax exen���t hc�nds. ? If tl�e 1'roject Site is to reinain subject, after its acquisition by the FCT Recipient andiur the Trustee�. to an�� of the below licted transactions, events, and circumstances, the FCT Iteci��ient shall pro�•ide at least 60 davs advance written notice of any sucli transactions, events, ar�cl circumstances to FCT, and shall provide to FCT such inforrnation with respect thereto as FCT �-easonably requests in order to evaluate the legal and tax consequences of such activity or incerest. FCT Recipient a�rees and acknowledges that the following transactions, events, and circun�stances mav be disallowed on the Project Site as they mav have ne�ative legal and tax con:rc�uences under Florida law and federal income tax law. The FCT Recipient further agrees �i�d a�knowled�es tl�at the followin� transactions, events, and circumstances may be allowed up t� a certain e�tent ba:ed on Luidelines or tests outlined in the Federal Private Activity regulations ut� thr Internal Revenue Service: a. �n�� sale or lease of an1- interest in the Project Site to any person or c�r`�a nization; b. tl�e operation of any concession on the Project Site by any person or �r�anization, c. an�� sales contract or option to buy thines attached to the Project Site xo be �i:�-e�•�cl f'rum the Project Site, with any person or or�anization; d. any use of the Project Site by any person other than in such person's ca��acity as a member of the �eneral public; � e. any change in the character or use of the Project Site frorn that use expected at the date of the issuance of any series of bonds from which the disbursement is to be n��de. C A.q/95-023-PSb c�nt.cir�Ft/I -??-9G 11 ;� n��►�a�ement �c�ntr��t c�4�tli� F'rc�i��t Sitr ��itl� am� person or or�anization, ,�i �.: .u�l� ather a�ti� it� c,i in��r�°:t a� n�,i� h�� ���rcitird fr�in tiine to tinte in wri��i�L hv FCT to the FCT Recipient 'I�h�� ��,rrzc�i��� are rull�ctivelv referred to as the "Disall���able .�cti�•iti�s." �'lt. UISALLU�1'.aRLE .�CTt�'ITtESl�2E�t EDIES (n t{��� event �hat FCT determines at anv tirne or from time to time that the FCT Recipient is ���`���;_inL or allo�vins� others to enLa�c in Disallowable AGti��ities oi� the Project Site, the FCT ite�•i���rni a�rPes ta in�mediately cease or cause the cessation of the DisaUowable Activity upon r�c�i��t ot'wr-itten notice frorn the FCT. To the extent allowed by lati�, FCT Recipient hereby inci���»n;fie: and ac:ree. t� hold FCT harmless from all claims. causes of action or darnages of any ii�►urr �-hatsoev�r arisin�: from or with respect to Disallowable Activities on the Project Site. No�I�inL lierein shall be deemed a waiver of the FCT Recipient's sovereign immunity. In addition to �II otl�er ri�hts and ren�edies at law or in equity. FCT shall ha��e the right to temporary and ��ern�nnent injunction� a��ainst FCT Recipient for any Disallowable Activity on the Project Site. l�ELt�G.�TIONS AND CON7'RACTUAL ARRANGEMENTS BETWEEN THE FCT RECiNfEtiT AND OTHER GOVERNMENTAL BODIES, NOT FOR PROFITENTITIE5, OR �'n� GO�'ER'���1E1�'T.4L PERSOI��S FOR t,'SE OR MANAGEMEI�zT OF THE PROJECT SI�'F ��'ILL IN h'0 ��'AY RELIEVE THE FCT RECIPIE?�T OF TH.E RESFONSIBILITY TO Ef��SURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A 1tESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROTECT SITE ARE FULLI' C0�4PLiED VVITH BY THE CONTRACTING PAR7'1'. ��111. CONDlTtONS PARTICLLAR TO T.HE PROJECT STTE THAT MUST BE ADD�2ESSED l� TH� 1VIA�'AGEMENT PLAN The mana�ement plan for the Project Site is m�ntioned throuehout this Agreement, and is ��articularly described in Paragraph 1.b. of Section III above. In addition to the various conditions alre�d>� described in this A�reement, �vhich apply to all sites acquired with FC�' funds, the mana��e�»ent plan shall address the following conditions that are particular to the Project Site and are result from either representations made in the application that received sc�ring points or �bservati�ns made bv the FCT stafi durin� the site visit described in Rule 9K-4.0] 0(2)��, F.A.C.: I Outdoor recreational facilities includin� nature trails and observation boardwalk �hall be provided. Tl�e Project Site shall be developed in a manner that allows the �eneral public reasunable access for observation and appreciation of the natural resources on the Project Site �ti-i�hc>ui causinL harm to those resources. CAA/9�-023-P56 cont.draft/1-?2-96 l2 = �I�h� I�('�I Kr�ipient sh�ll ��rc����de em•ir�nn�ental Ndu�ati�n pro�rams at the Project �it�� f•c�ri>>,il �•n�ir��n�►�����t��l ��d���.iti�►n ��r��Lrains �hall he �c►i�ductecl ��n ec�ntinuins: and re�ular na•i� � The FC'T Recipient sl�all nrc�vide an oruanized recreational program directed tu��,���i il�� Narti�ipat�un �t'at-ris�-vouth a� ci�scrib�d i�i tl�e ;�,rant a�plication. The proSram shall hr �►tl�rzd on a c�nti��uin� basis at thr Pr�jrct Site focusin� �n the i��itiLation of juvenile crime ti�i uuLl� th� ��rc��•is��►n c>1' r��re�ti�nal e�����c�i�tunities a Thc iin�inL and extent �f a��euetative surve�� of ves�etative communities and plant :���ri��. �n the Project Site shall be s��ecified. The FCT Recipient shall detail how the survey shall be u.ed durinS developn�ent oithe site to insure the protection, restoration, and preservation of the natural resource� �n the Project Site. > The � e�ecative c�mmunities ttiat occur on the Praject Site shall be p�eserved and �p��r��pria�ely rnana��d to ensure the lon�-term viability of these c�mmunities. c�. Tl�e FCT Recipient shall ensure that the Project Site is mana�ed in a manner that ��ill }��•�tect and enhance the listed �nd non-listed native wildlife species and their habitat. The FC�' Recipient shall coordinate with the Florida Game and Fresh V�'ater F�ish Commission to ensure the presen�ation and viability of listed and non-listed native wildlife species and their h�hit �� 7 The FCT Recipient shall coordinate with adjacent park lands and Scho�) Board I;�ncl� tc� Cn���rC tt�e mana��ement of the site and adjacent si�es are conducted in a manner to rnh�r��r I��bitat ��rotection and recreatian opponunities. 8 The FCT Rec;pient shall monitor adjacent development activities to ensure that sucl� activities do not ne�ratively effect to the resources on the Project Site. 9. A ve�etation analysis of the Project Site shall be performed to determine which areas of the Project Site need a prescribed burning regime implemented to maintain natural fire- dependent ve�etative communities. The FCT Recipient shall coordinate with Division of Forestry and G�me and Fresh Wacer Fish Commission on the development of a prescribed burn plan for the I'rujert Site. 10 The �vater qualicy of the lake shall be protecte� and improved. A comprehensive starn��ti�ater mana��ement plan shall be developed and implemented to improve the water quality of the lake. Known pollutio.n sources which have been identified by the City or County sha11 be removed or mitis:ated. The FCT Recipient shall coordinate with the Southwest Florida Water ��an�s:ement District on tl�e design and implementation of the stormwater management plan for �he basin. ('.�.1-���-0?3-N�� :c���� clr�ti/I.�"_96 I� . I I In�•dsive exotic veLetati�n that c�ccurs on the Pro.ject Site shall be eradicated The FC"I It���i��i��nt shall reference the E�c►tir Pe:t f'lant Council's List of Fl�rida's Most tn�•asi��e S}�������. t� ns�ist in id�i}tit�•inL im•asi��c� r�e�ti�. on the Projec� Site i� Tlir f('T Recipient shall de�•elop and implement a feral cat rernoval proiram for tli�• I'i �►���ct Sitr I; 'fh� �����•I;inu area shall u�r p��i��ic�u� material t� the extent possible. I a Prc��•ic1�� bike parkins� stai�cl� at the site tc► �ro��ide an alternative to automobile trai�.�u�rtati�n to th� I'roject Site. I� The requirements iEiipu��•d b�� other �rant proLram funds thai rnay be sou¢ht by the 1�C"i' ltrci��ie��t fc�r activities ass�ciated ���ith the Project Site shall not conflict with the terms and �c�itcli�ic�ns �t'the FC'7' award. � "fliis As�reen�ent includinL Exhibits "A", ''B" and "C" embodies the entire agreernent bet��-e�n tlie parties. IN WITNESS WHEREOF, the parties hereto have duly executed this ASreement. CITI' 4F CLEARVI'aTER Q�� '�amz: nate Accepted a� to Form and Le�al Sut�iciency: Date. CAA/9�-023-P56 cont drafi/ I -??-96 FLORIDA COMM[INITIES TRUST By: _ James F. Murleti►, Chair Date: Accepted as to Form and Legal Sut�iciency: Ann J. Wild, 7'rust Counsel Date: 14 . • �• ^ �IR�� �t �' � ��� � . � t �.' � �� p � Acc�uisition Plan FCT Project Number: FCT t�ro j ec t Name :_ .__. ,____ _�__ Applicant/Recipient: EXH+3IT A Ru!e 9K-;.O10(2)(j), Florida Administra�.ive Code, reads as follows: i: the projec� siLe is comp:ised of rnultip?e parcels, the �oplicant, in conjunction with the Trus� staff, sha.i.l develop ar, acquisition �lan to be made a p�r� o� the �onceptual :pproval Hyreen�ent. The plan shall iderti=y the priority parcels, the general o�der in which parcels :•:ill be acquired and the measures that will be taken to 3ssure that all :easonable effort is �r�ade to secure the enti�e project site. Florida Cornmunities Trust (FCT) s�aff will review the acquisition plan �o assure that the purposes of the project can be achieved in �hE cvent all parcels can not be acquired. Is your site comprised of multiple parcels? �yes �r noj ?: :���: ans;aered yes, plEase conple�e the fo�lo�: �ng in�orma�ion. U�e a;,id i t icr�a 1 paper or attachments i f needed : Identify the priority parcels needed to achieve the purposes of the project. . Identify the genera�, order in which parcels will be acquired. Identify the measures that wil� be taken to assure that all =easonable effort is made to secure the entire project site. Prepared by: Approved by FCT Staff: Date: Date: ..� .^r.r. • • � � r'i/ i'r • �. ������ �� � Contract No: FCT Project No: CONFIDENTIALITY AGREEMENT EZHIBIT H This is a Confidentiality Agreement {��Agreement") pursuant to Rule 9K-6.010(5), Florida Administrative Code (F.�.C.). Parties to the Coafidentiality Agreement: ("FCT Recipient"), a State of Florida, and the Florida Communities Trust ("FGT"), a nonregulatory agency within the Department of Community Affairs. �' Parcel9 Covered by this Agre�ment: This Agreement covers all parcels identified as part of the project site in FCT application that was selected for funding and is governed by a Concept�al Approval Agreement for FCT Project Number ("Proj ect Site"). Confidentiality: a) Pursuant t� Rule 9K-6.002(17), F.A.C., the term '�Confidential" refers to in�ormation that shall not be available for public disclosure or inspection and is exempt from the provisions of Section 119.07(1), Florida Statutes (F.S..). b) The FCT Recipient and its agents shall maintain the conf identiality of all appraisals, offers, and counteroffers as required by Section 125.355(1)(a), F.S., for counties, or Section 166.045(1)(a), F.S., for municipalities, and Rule Chapter 9K-6, F.A.C. The FCT Recipient ma� disclose such confidential information only to the individuals listed herein below. c) Requests to add persons to the disclosure list must be made in writing and the FC� Recipient must receive the written cor�sent of the FCT Executive Director and execute an Addendum to the Agreement. All confidentiality requirements outlined above shall apply to individuals added to the list. d) The undersigned board members and staff of the FCT Recipient ("FCT Recipient") and its agents, if �ny, agree to maintain the confidentiality of appraisal information, offers and counter-of f ers concerning FCT Proj ect Nwaber , as• required by Section 125.355 (1)(a), F.S., for counties, or Section 166.045 (1) (Aj , F. S., for municipalities, and Rule Chapter 9K-6, F.A.C., and by this Confidentiality Agreernent between the FCT Recipien� and FCT. e) The undersigned certify that they have no legal or beneficial interest in the Project Site. CONFID/FCT� REV. 2/23/95 Date FCT RECIFIENT FCT Recipient Board Member, Sigr,ature Staff or Agent name � �, r � FLORIDA COMMUNITIES TRUST By. . (Name) . • Its: Date: Apprcved as to Form and Legality: gy. 0 CONFID/FCT# REV. 2/23l95 ¢ By. .Anne Peery, Executive Director Date: � Approved as to Form and Legality: ' � By. �Trust Counsel � _. . � 11 11 � � : 1 � 11 TO: Honorable Mayor�,a�nd Commissioners � FROM: Pamela K. Akin, City Attorney RE: DATE: Florida Communities Trust Grant for Camp Soule February 16, 1996 r.��-����`t�t�;�; � k �����: � ( ; �� i4,NidHt�k� This grant was applied for by a group of citizens who put together a team to attempt to get a Fiorida Communities Trust Florida Preservation 2000 matching grant. Commissioner Thomas submitted the application on behalf of the City. Florida Communities Trust approved the project for a matching grant of $1,419,625. This amount must be matched by the local government with eligible funds, which may include private donations and contributions. This grant is for acquisition costs only and does not inc{ude tnaintenance costs, cost of complying with state and federal regulations, costs of operation or the costs of preparation of the project plan and other related costs. It is my understanding that the group that submitted the grant plan to continue to work on meeting the grant requirernents but will need financial and staff support from the City. The conceptual approval agreement for the Florida Communities Trust (FCl� grant for Camp Soule must be approved by Commission and returned to FCT by April 1. By executing the agreement, the City affirms that: (a) (b) the City is ready, willing and able to provide the local match; the City reaffirms the representations made in the application, (c) the City shall, on the anniversary date of the approval of the project plan, prepare and submit an annual report; and (d) the City authorizes an individua! to execute a11 documents on behalf of the City. Following approval, there are a number of things that remain to be done before the property can be acquired and before the grant funds are disbursed. Most notably, the City must submit a project plan. That project plan includes a pur�hase agreernent for acquisition of the site, a management plan, a signed agreement befin►een the City and the managing entity and numerous other conditions. . . e It is rny understanding that the group has requested that the FCT undertake acquisition of the property with title ultimately vesting in the City, Reverter language is required and an , uncorrected violation of the grant award agreernent will result in reversion of the property � , to the State. � While the great bulk of the work is being undertaken by this informal group, the g�oup is � not established as a nonprofit or otherwise organized as an entity. We have no � agreement with them for them to pursue vr meet the conditions of this grant. The actual � recipient of the grant is the City. The obligations of the contract appfy to the City. Whiie at present the grant obligations are being met by this group, the obligation to meet thern � wiif be upon the Cifiy. � ; If we are unable to meet the requirements of the grant, we may request terrnination of the grant. PKA:jmp ;� I� �;....>:� _.. _. .. .. . �:. � Q � v\ ' FEB 22 ,96 -. � . 0.'' 06F'M , • P.1 CIT'Y C�F CL]�A.R'�0�'ATER _ �oat o�Fic� •ox ���� - CLtARWATER, fLOAIDA �4ata•�T4i 01qi C�orn�Neaon COPIES T0: F�b�rUn,�► 2?,, 1996 � COMMlSSION FE� 2 3 1996 Ms. Aruu� peery pktss ClE,9K / ATTORNEY EXOGuNv� Iai1"CCtO! Florlda Community Affau� 2740 Ceatetviow Drive Tallahassa, FL 3239'9-210� Ra: Pr�qject �93-OZ3-PS6/C�p Soute City of Clesrv�ater Dtar Ma. Perry: . � In aceordance to our time table, a"Willing Oe+vner Statema�t' is dua March. i� 199�. Fnclosed ple�se Rtid a�ned "V�lllin� OwnGr Statemeat" from an aotho�ized agant of tho Wost Central Florida Coundl, owner of tho property, 'Thank you for yoar att�ndon to �is matter. Vesy tirut� yofu�►, Jy/.%� � . FATIrk aio. cc; Blll Balcer, Asstatant City Managtx � , 0 0 0 d ;..,.. � t � ; FEB 22 '96 03s0�pM ro: � �. .�• w�o�i.nvG avvr� s�rAT�c�r city► of clearwater Plocid� Communiti�s Trun RE: Parcel Number: 32/Z$J16�/OQ0�0/410/0000 N 1/2 OF SB 1/� LBSS S 96S PT AND �.ESS RDS ON N& S �A� SOt1Ll� PROPBRTY �CT PR4JECT: �+95-023-PSblCarnp Soulo City of Clearwate�t P.2 I do hereby st�te that as an authorized a�ent for tho property owner of the above rafc�renctd prc�pe�rty, the West Ces�tral Florlda Co�ncil is w�11inQ to ent�cstain s purchase otfer iiom the Clty of Qeanvate,r and the Ptorida Comrnunide� 'irvst, Pleasa retum this form to: , ' 1N"ili3ant A. Robin9on� Scaut P.zccudvo West Cr�►tral Plorida Council 11046 Johnson Hlvd. Seminol�� Plo�lda 34642 6 By. - � . . 'W`i�i�arn A. R.obinson, scour Bxax�pive Wc.st Central �lorl.da Coundl 0 . � COpIES TO; COMMISSION FEB 21 1996 NHt�S CLERK / ATTORNEY ►� �� � ► : ► • ii TQ: Honorable Mayor and Cornrnissioners �� FROM: Pamela K. Akin, City Attorney RE: DATE: Florida Communities Trust Grant for Camp Soule February 16, 1996 This grani was appiied for by a group of citizens who put together a team to attempt to get a Fiorida Cornrnunities Trust Florida Preservation 2000 matchong grant. Cornrnissioner Thomas submitted the application on behalf of the City. Florida Communities Trust approved the project for a matching grant of $1,419,625. This amount r�ust be matched by the local government with eligible funds, which may include private donations and contributions. This g�ant is for acquisition costs only and does not inctude maintenance costs, cost of compfying with state and fiederal regulations, costs of operation or the costs of preparation of the project plan and other related costs. It is my understanding that the group that subrnitted the grant plan to continue to work on meeting the grant requirements but will need financiaf and staff support frorn the City. The conceptual approva! agreernent for the Florida Communities Trust (FC� grant for Carnp Soule rYtust be approved by Commission and returned to FCT by April 1. By executing the agreement, the City affirms that: (a) (b) the City is ready, willing and able to provide the local match; the City reaffirms the representations made in the application, (c) the City shall, on the anr�iversary date of the approval of the project plan, prepare and subrnit an annual report; and (d) the City authorizes an individual to execute all documents on behalf of the City. Following approval, there are a number of things that remain to be done before the property can be acquired and before the grant funds are disbursed. Most notably� the City must subrnit a project ptan. That proje�t plan includes a purchase agreernent for acquisition of the site, a managernent plan, a signed agreement between the City and the rnanaging entity and numerous other conditions. � �� V It is my understanding that the group has requested that the FCT unde�take acquisition of the property with titie uitimately vesting in the City. Reverter language is required and an uncorrected violation of the grant award agreement will result in reversion of the property to the State. While the great bulk of the worlc is being undertaken by this informa! graup, the group is not established as a nonprofit or otherwise organized as an entity. We have no agreement with thern for them to pursue or rneet the conditions of this grant. The actual recipient of the grant is the City. The obligations of the contract appfy to the City. While at present the grant obligations are being met by this group, the obligation to meet them will be upon the City. If we are unable to meet the requirements of the grant, we may request termination of the grant. PKA:jmp � ;. r � �- � TO: Betty Deptula� City Manager �� ' c FROM: William C. Baker, Assistant City Manager COPIES: SUB�,TECT: DAT�: CITY OF CLEA►RWATER Correspondence COPIES TO: �OMMISSION MAR 0 6 1996 FRESS CLERK / ATTORNEY Kathy Rice, Deputy City Manager; Rich Baier, Engineering Director; Scott Shuford, Central Permitting Director School Board Property March 6, 1996 Mr. Jim Miller, Property Control Officer for the Pinellas County School Boafd, assured me today that the School Board property acquired from the Boy Scouts and which is adjacent to the proposed Landmark Drive north of Union Street, will remain in a land bank and that there are no immediate plans for its use. A new elementary school (McMullen Booth Elementary) will be constructed beginning immediately on School Board property �i t� of Union Street. :, ; � ,� ; :� �. / y �� e .' ;� t ' =� � � TO: I� ROM: COPIES: SUBJECT: DATE: n��,»�r���a�,��� Mayor and City Cornmissian Bctty I�eptula, City Managcr Kathy Rice, Depury Ciry Manager Bill Baker, Assistant City Manager First Quarter Review - Amended Ciry Manager's Annuai Budget Report February 26, 1996 C. ") .�' Attached is the First Quarter Iiudget Review in accord widi Section 2.519 of the Clear�vater Code. The basic forniat of tlie report remains unchanged from prior years, and pa�es 1 and 2 provide a Table of Contents and a definition of format terminology. The Report includes cornments on major varianees, as well as explanations of proposed amendments. In addition to the budgetary information required by the City Ordinances, the following special detail is included: a summary of administratively approved change orders is provided on page 65 and a summary of Risk Management/Self Insurance Fund settiements over $2,000 for this Quarter is included on page 67. 1'his report is based on three montl�s activity (October, 1995 through December, 1995) in diis fiscal year, and althougt� in some instances variances have been noted in revenues and expenditures, some amendments are not proposed until additional data can be analyzed. General Fund F1' 95/96 Amendments Budget As Amended Adopted First Quarter First Quarter Revenues 65,736,970 2,49$,938 68,235,90$ EYpenditures 65,736,970 2,498, 938 68,235,908 General Fund revenue and expenditure amendments totaling $2,498,938 entirely represcnt the appropriation of prior year retained elrnings to fund capital projects and several small operating projects. Witli exception of two items, all other amendments have previously been approved by tlie Ciry Commission. These two items include the $16,400 reappropriation of FY 1994/95 budgeted funds for the purchase of collapsible batons for the Police Department, and the transfer of $6()0,000 representing the reappropriation of Bridge Fund cash closed to the General Fund at year end 1995 audit to the Clearwater Pass Bridge construction project to close this project. All other projects including the appropriation of' funds for tlie concession ��d pavilion at Big Pier fi0 ($1,037,463), funding of the Chamber Property ($305,250), and othcrs are described on page 4. General Fund Sumlus remains at $9,424,875, which is still 14% of the total General Fund cxpenditure budeet, and well ��ithin the City Cornmission's 10% reserve policy. Besides the amendrnents mentioned above, prcgrarn amcndments include the est;�blishrnent of thc Officc of Tourism Development and the Uffice of Organizational and Employee Devclopment. Water & Sewer Fund l�' 95/96 Amendments Budget As Amended Adopted Tirst Quarter First Quarter Revenues 36,461,100 0 36,461,100 Ea�penditures 35,439,210 70,490 35,509,700 The budget amendment reflects d�e transfer of unappropriatcd retained eamings to the Capital Irn��rovcment I=und for the demolition of the Utilities Buiiding on Chestnut 5treet as approveci by the Comm=ssion on 11/3/95. Gas Fund N'Y 95/96 Amendments I3udget As Amended Adopted First Qu�rtcr Tirst Quartcr Revenues 19, 055,970 2,734,755 21, 790, 725 Expenditures 17, 998,010 1,941,513 19, 939, 523 Gas Fund revenues and expenditures reflect the transfer of �2,721,115 rep�esenting a loan from the cash pool to the Capital Improvement Fund to fund Pasco Gas expansion projects as an interim solution until the Pasco Gas Bonds are issued later this fiscal year. Gas Fund revenues also reilect thc transfer of $13,640 to tiie Capital Improvement Fund for the demolition of die Utilities Building, and Gas Fund expenditures reflect savings in cantractual costs for installatian and en�rgy conservation costs. Solid Waste Fund FY 95/96 Amendmcnts 13udget As Amendcd Adopted I� irst Qu�rter First Qu�i�ter Revenues 12,215,450 23,88U 12,239,330 Expenditures 12,215,450 23,880 12,239,330 Solid Waste revenues and expenditures are approximatcly as budgcted at first quarter, The $23, 880 budget adjustment reflects the appropriation of prior year retained earnings to provide funding for the de►nolition of the Utilities Building on Ctiestnut Street as approved by the Cornmission on 11/2/95. Stormwater Utility Fund FY 95/96 Amendments Budget As Arnended Adopted First Quarter First Quarter Revenues 4,160,630 1,140 4,161.770 Expenditures 4,160,630 1,140 4,161,770 Stormwater Utiliry also reflects only the transfer of $1,140 of prior year retained carnings to provide funding for the demolition of the Utilities Building on Chesrnut Strect (approved 11/2/95). Recycling Fund FY 95/9b Arnendments Budget A,s Arnended Adopted First Quarter First Quarter Revenues 2,341,100 -158,040 2,183,060 Expenditures 2,128,680 -23,940 2,104,740 Lower than anticipated selling prices f'or cardboard, newspaper, and plastic result in a decrease in anticipated revenues for the sale of recyclables. Amendrnents to expenditures reflect savings in personal service and garage charges. Marina C'Y )5/9�i Amendments I�udget As Amendcd Adoptcd First Quartcr F'irst Quarter Revcnucs 1,855,020 -0- 1,855,020 Expenditures 1,8O5,4fi0 -0- 1,805,460 No budbct amcndmcnts arc proposcci for t}ic Marina I�und tit tirst yuarter. I'ar{:ing F�' 95/96 Amendment�s I3udget As Amendcd Ad��pted I� irst Quarter First Quarter Revenucs 2, 586,090 140,276 2,72G,366 Expenditures ?,586,090 140,276 2,72G,3G6 Parking Fund revenues and expenditures are amended by Cornmission action. Thcse amcndments retlect thc appropriation of unappropriated retained earnings of the Parking Fund to provide funding for a parking fcasibiliry study on die beach ($65,276) and $75,000 to suppon the Chicago promation marketing effort. Pier f0 �Y 95196 Amendments I3ud�et As Amended Adopted First Quarter First Quarter Revenues 335,340 9,070 344,410 Expenditures �23,880 9,070 332,950 Pier fi0 revenues are erpenditures are arnended to reflect a one-time contribution from the undesignated retained earnings oF die Special Development Fu�td. This is to provide funding for a security system at die Pier for inventory control and safety purposes. Harborview Center FY 9S(96 Amendments Budget As Amended Fund Adopted First Quarter Firsk Quarter Revenues 796,500 -0- 796,500 Expenditures �9b,500 -0- 796,500 No budget a►nendments are proposed for the Harborview Center Fund at first quarter. Fund revenues and proposed amendrnents will be addressed in dep[h at rnid year. Internal Serviccs Funds FY 95/96 Amendments Budget As Amended Adopted First Quarter rirst Quarter Revenues 24,207,620 196,046 24,403,666 Expenditures 22,988,650 196,0�6 23,184,696 Program revenues and expenditures are 7mcnded to reflect the ap�ropriation of rctained earnings of the Administrative Services Fund for tiie first year's debt service payments an the new telecommunications system for the Municipal Services Building, Potiee Building, Municipaf Garage and City Hall approved by the City Commission on 1217/95. ", 7 The amendments to tlie Capital lmprovernent pro�ran� total a net increase ot' $2,286,873 Significant Capital project bud�et amendments providcd Uv C�mmission action II1CIl1(iC fUI1CIli7� for thc Statc Environmejita! report f'or the Mernorial Causcway Bridge, the construction of the pavilion, concession Uuilding and playground at I3ig Pier fi0, the Cliamber of Commcrce property, the Chicago promotional program, t11e Chestnut/Brown dcrnolition, for the Urban Contamination Assessmei�t study, cabling for the ncw Municipal Scrvic�s � =. Camplex, and nurnerous projects for the Pasco gas expansion efforts (sec page 31). Significant project amendments that have not previously been approved by the Commission include thc establishment of the Sand Key City Park project in the amount of $300,OOU. This project is funded in FY 1996/97 under the current Capital Improvernent program, but has been brought Corwazd due to citizen concerns for beach renourishment. Also, $600,000 of General Fund revenues representing Bridge Fund assets closed to the General Fund during the 1994/95 year end audit are transferred to the Clearwater Pass Bridge Construction project now that this project is complete and the formal loan of $1,360,700 frorn the Central Insurance Fund representing Penny for Pineltas infrastructure tax funding is also presented for final approval. A summary of amendments to the Capital Improvernent program is included on page 30 of this report, and the detailed amendments are included starting on page 32. m .� FIRST QUARTER RCVIEW AMENDED C1TY MANAGER'S FISCAL YEAR t995-96 REPORT PAGE # GeneralFund Operating Budget .................................................................................................................................. 3 UtilityFund Operating Budget .................................................................................................................................... 13 Other Enterprise Funds Operating Budgets ................................................................................................................. 20 Intemal Service Funds Operating Budgets .................................................................................................................. 25 Capital Improvement Program Budget ........................................................................................................................ 30 SpecialPrograrn Fund Budget ..................................................................................................................................... 58 SpecialDevelopment Funds ...................................................................................................................... ........ 63 AdministrativeChange Orders .................................................................................................................................... 65 Summarvof Clairns Settled ......................................................................................................................................... 67 Ordinances.................................................................................................................................................. ...... 69 First Quarter budgets were projected in the following manner: All departrnent expenditure budgets have been estabtished on a month-to-montl� basis so that prajects identified in the report are not sirnply time percentages appiied to annual budgets but rather department director's judgment of month-to-mond� expenditures.lfiis technique was also used for revenue projections. The actual and projected data contained in this review represents three months, October 1, 1995 through December 31, 1995. The adjustments, however, represent all data available at the time of the report, including action taken by the City Commission after December 31, 1995. Definitions associated with the operatin�* funds information is presented as follows: Definitions: Original Budget First Quarter Projections First Quarter Actual Variance Variance °�o Adjustments Amended Dudget Amended Budgct % The budget as adopted by the City Comrnission on Septernber 21, 1995. Monthly budgets submitted by departments are based on prior year experience and unique circumstances. Self-explanatory. DiiTerence between First Quarter projected and First Quarter actual. % of variance to First Quarter projection. Adjushnents which have been approved by the City Commission, made at the Manager's discretion, andlor adjustments proposed based on First Qutu�ter review. Adding the Original [3udget and Adjustments. Percentage chan�;e of amended budgct to original budget. 1 .� . , CapitAt Irnpravement Projects The amended 1995/96 Capital Improvement Projects budget report is submitted for the City Commission review. This review provides the opportunity to analyze the status of all active projects and present formal amendments to the project budget. The Capitallrnprovernent and Special Program funds information is presented as follows: Definitions: Budget Arnendment Revised Budget Expenditure Encumbrance Available Balance Status Amend Ref The budget as of October 1, 1995 which includes budgets from prior years which have not been cornpleted. Amendrnents which have been approved by the City Commission, made at the Manager's discretion, and/or adjustments proposed as a result of the First Quarter review. Adding colurnns one and two. Self-explanatory. Outstanding contract or purchase order commitment. Difference between revised budget and expenditure. C - project is completed Reference number for description of arnendment. 2 `� ;1 City of Cle�rwater GENERAL FUND First Quurter Revenues rY 1995-96 5ome of the variances, both favorable (positive) and unfavorable (negative), appear to be the result of timing differences and are expected to be imrnaterial by year end. In other cases, budgets have been arnended due to Commission action during the first several months of the year, the receipt of additional information or a change in the underlying budget asstimptions. The adjustmcnts proposed below are known and quantifiable at this time. I'roperty Taxes Frnnchise Fees Utility Taxes Licenses and Permits Fines and Forfeits Intcrgovernmental State County Ch�rges for 5ervice Use & Sule of City PropeMv No Amendment The large positive variance in property tax revenues is a timing variance only in the collection of properry taxes. The variance corrects itself in the month of January. No Amendment The budget variance in franchise fee revenaes is most likcly a timing variance only. Franchise fee revenues will be rnonitored later in the year for possible amendment. No Amendment The budget variance in utility tax revenues is most likely a timing variance only. Utility tax revenue will be rnonitored later in the year for possible amendment. No Arnendment No Amendment Court iines are aimost $47, 800 (21 %) below estimates at the end of the first quarter, 'I'his is primarily due to the beach courtesy warning prograrn. No amendment is proposed at first quarter, .but court fines will be monitored for further amendment at mid year. No Arnendment The large negative variance is almost entirely due to a timing difference in the receipt of beverage license tax revenue. No Arnendment The large positive variance of 37 % is entirely due to a timing variance in the receipt of Fire and EMS ta�c revenues which were received in Decernber, rather than in January as anticipated. No Amendmcnt No Amendment The negative variance is primarily a timing variance in the receipt of rental revenues %r City propertics. l�iiscell;�ne�uti Revenues lvc► Amendment 3 TYansfer from General Fund UnAppropriated Retained Earnings City of Clearwater GENERAL FUND Third Quarter Revenues FY 199495 Increase $2,498,938 The budget amendment reflects the appropriation of retained earnings in the General Fund in the amount of $1,037,463 to the Capital Improvement Project to fund the construction of the Big Pier 60 Park concession, pavilion, and park (approved 2/1/96); $600,000 to the Capital Improvement Fund representing the balance of Bridge Fund revenues to offset the Central Insurance loan of infrastructure tax for the construction of the Clearwater Pass Bridge; $393,893 to the Municipal Services Technology project (approved 11/2/95); $305,250 to the Capital Improvement Fund to fund the purchase of the Chamber of Commerce property (approved 11/6/95); $75,000 to the Capital Improvement Fund to provide funding for the Chicago promotion effort (approved 12/7/95); $25,932 to the Capital Improvement Fund to provide funding to the Payroll/Human Resource System project (approved 11i2i95); reappropriation of FY 1994/95 budgeted funds for the purchase of collapsible batons and scabbards in the amount of $16,400, $35,000 for the Florida Trend supplement (approved 10/19l95); $10,000 of matching funding for the Confetti Company in support of downtown events (approved 10/19(95). 4 GENERAL FUND REVENUE REVIEW FIRST QUARTER - OCTOBER 1, '�995 - DECEMBER 31, 1995 FY 95196 First First Adopted Quarte� Quarter 1st Qtr Amended Revenue Source Budget Projection Actual Variance % Adjustment Budget % Property Taxes Franchise Fees Utility Taxes �.icenses and Permits Fines, Forfeiture & Penalties fntergovernmental Federai State County Charges for Services Use and Sale of City Property and Money Miscellaneous Revenues interfund Administration Service Charge Intertund Other Service Charge interfund Transfer 19 , 303, 820 13, 628,460 14, 668, 072 6,144,630 885,500 952,127 12,845,080 2,271,496 2,189,749 2,402,000 583,000 566,198 1,039,612 8% 66,627 8% -81,747 -4°l0 -16,802 -3% 1,508,000 261,998 206,099 -55,899 -21 % 493,190 0 0 0 � 7,057,650 1,361,692 1,242,822 -118,870 -9°!0 4,085,510 863,490 1,186,860 323,370 37% 1,110,490 196,975 163,171 -15,114 -8% 1, 366,350 108,420 3, 242,760 1,957,200 4,11 '1,870 91,584 19,125 54,139 24,140 810,690 810,696 489,303 942,969 491,305 942,972 -37,445 -41 % 5,015 26% 6 0°10 2,002 0% 3 0% 0 19,303,820 28% 0 6,144,630 9% 0 12,645,080 19°Jo 0 2,4�2,000 4°to 0 1,508,000 2% 0 493,190 1 % 0 7,057,650 10% 0 4,085,510 6% 0 1,110,490 2% 0 1,366,350 2% 0 108,420 0% 0 3,242,760 5% 0 1,957,200 3% 0 4,111,870 6% Subtotal, General Fund 65,736,970 22,406,282 23,498,350 1,110,758 5% 0 65,736,970 96% Transfer to Surplus 0 0 0 0 � 0 0 0% Transfer from Surpius 0 0 0 Q � 2,498,938 2,498,938 - TOTAL, GENERAL FUND 65,736,970 22,406,282 23,498,350 1,110,758 5% 2,498,938 68,235,908 100% S Administration City Commission City of Clcarw�ter GI?NERAL 1�UlYi) Fir-st Quzrtcr I:xpenditurc.s CY 1995-96 Program Increase $1U,000 The program budget includes an increase of $10,000 from che unappropriated retained earnings of the General Fund to provide inatching fund for the Confetti Company for Celebrate Downtown events as approved by the City Commission on 10/19/95. The First Quarter Amended Budget for the City Commission is $10,000 more than the Original 1995/96 Operating Budget. �`� City Manager Program Decrease $106,0{� The budget decrease reflects the transfer of $80,C)00 to establish a separate Office of Tourism Development; and a lransfer of $26,000 to [he City Clerk's Office with the delegation of the administrative duties of the lobbyist service to the City Clerk. The First Quarter Amended Bud�et for the Citv Manaeer's Office is $106,000 less than the Original 1995/96 Operating Budget, ��..._...� .� ►�...�.� Human Relations/ Community The Human Relations/Communiry Program reflects a transfer of $3,803 of the Social Service Funding approved by the City Commission on 7/20/95 to fund the North Pinellas/North Greenwood Kid's Club activities to the Special Program Fund at first quarter. The net budget effect to the Human Relations Communiry program at iirst quarter is $0. � Internal Audit Program Decrease $7,200 Salary savings from the delay in hiring an additional accountant in Internal Audit is transferred to the Organizational & Employee Development program to provide funding for the purct�ase of two computer workstations and a printer for this newly established program . The First Quarter Amended Bud�et for the Interna! Audit Program is $7,2001ess than ti�e Original 1995i96 Operating Budget. Organizational & Employee Development � Program Incrcase $177,090 The program increase establishes t��e OfFce of Org1r►izational and Employee Developrnent operating budget with an offsetting decrease in Human Resources programs in the amount of �1b9,890 for personal service, and other operati»g expenditures for the 1995/96 fiscal year; and an additional transfcr oC $7,2(?0 from salary savings within the Intemal Audit Department far �he purchase �i two computers and a printer for this newly establishcd progr�im. � City of C{carw�ter GEiVERAL FUND First Quartcr E!tpenditures FY 1995-9G The First Ouarter Amended Bud�et for the OrQanizution�l & Emplovee Developrnent program is $177,090 more than the Original 1995/96 Operating Budget. ,� Office of Tourism Development Program Increase $50,000 The prograzn increase establishes the Office of Tourisrn Development operating budget with an offsetting decrease in the City Manager's Department operating budget. The First Quarter Arnended BudQet for the Tourism Development Of'fice is $80,000 more than the Original 1995/96 Operating Budget. �_.._� .�. Citv Clerk Program Increase $26,SU0 The prograrn amendment reflects the transfer of $26,0()0 from the City Manager's Office to reflect the transfer of the administrative duties of the lobbyist services to the City Clcrk; and the transfer of $500 from the Non- Departmental program for on-line service and subscription costs for legislative information. The First Quarter Amend Budget for the Citv Clerk Proerarn is �26,500 more than the Original 1995/96 Operating Budget. Information Management Community Qutreuch � Program Increase $35,000 The program increase grovides for the appropriation of $35,000 of retained eamings of the Gener�l Fund for the contract with Florida Trend magazine for a special Clearwater feature supplcrnent as approved by the City Commission on 10/19/95. The First Quarter Amended Bud�et for the CornmunitY Outreach Prograrn is $35,OU0 more than the Original 1995/96 Operating Budget. Humtin Resources Administration Recruitme�t & Selection Ernployee Devclopment & Ketention � Program Decrease $810 Program Decresise $54,610 Program Decrease $114,470 The program decreases reflect the transfer of funding totaling $169,890 to establish the new Organizational & Employee Developrnent Program in the Administration program. The program was established through reengineering with three current employees of the Hurnan Resources Department. The First (�uarter Arnended E3udget for the Hurnan Resources Department is $169,890 less than the Original 1995/96 Operating Budget. 7 City of Clear�vater G�NERAL FUND First Qu�rter Expenditures FY 1995-96 � Police At first quarter, the Criminal Investigations prograrn reflects a$107,236 (11 %) positive variance which is primarily related to salary savings, and the Support Services program reflects a$253,392 (23 %a) positive variance which is primarily due to savings in debt service costs on the Police computer network. Possible savings in these prograrns will be monitored further at mid year. Patrol Program I��crease $16,a00 Operating- The budget increase reflects the reappropriation of funding frorn the FY 1994/95 ogerating budget for the purchase of collapsible batons and scabbards. These items were budgeted in the 1994/95 fiscal year operating budget but due to the timing of the bid process, could not be purchased until the current fiscal year. The First Quarter Amended Budeet for the Patrol Progr�rn is $16,400 more than the Original 1995/96 Operating Budget. Support Services Net Amendment $ 0 Internal Service - Operating costs aze reduced by $74,827 in General Service radio charges to offset debt service payments on the purchase of Police radios as approved by the City Commission on 9/7/95. Debt Service - Debt services costs reflect an net increase of $76,399 reflecting debt service payments of $100,827 on the purchase of the Department's mobile radios (approved by the Commission on 9/7/95); and a decrease of debt service costs on the new Police network to offset a budget transfer to the Capital Irnprovement Fund for the purchase of a dictaphone. Debt service funding is provided by offsetting decreases in operating budget transfers of $26,000, and General Service radio charges of $74,827. Transfers - Budget transfers reflect a net decrease of $1,572 representing the return of $26,000 of General Fund revenues from project 3 15-91 1 1 8, Police Pursuit Vehicles, to provide funding for debt service payments on the purchase of Police radios approved by the Commission on 9/7/95; and the transfer of $24,�28 r�flecting savings in debt service costs on the new Police Computer network to provide funding for a dictaphone recorder as approved by the City Commission on 12/7/95. The First Quarter Amended Bud et� for _the SupnoM Services Pro�ram is equal to the Original 1995/96 Operating Budget. .� Fire Department At first quarter, the Support S�rvices prvgrarn reflec�s a$35,416 (13 `�o) positive variance due primarily to tirning variances in d�e anticipatecf expenditures of operating and small capital funds. No bud�et amendments arc proposcd I'or Tirc Departmcnt prv�rams f�t first quarter. . City of Clearw�tcr GENERAL FUND First Quartcr Expenditures FY 1995-96 Central Permittin� No budget amendments are proposed for the Ccntral Permitting program at first quarter. �. __ . Economic Development No budQet amendments are pro[rosed for the Economic Developme�rt pro�ram at first auarter. � Parks and Recreation No budget amendments are proposed for any Parks and Recreation programs at first quarter. Operating expenditures for all programs are as estimated. � Librarv No budget sunendments are proposed for any Library programs at first quarter. Operating expenditures for all programs are approximately as anticipated at first quarter. �. . Engineerin� Traffic Engineering The $140,980, or 28% positive variance in the Traffic Engineering program is strictly a timing variance in the payment of utility charges for power. All other Engineering program expenditures are approximately as anticipated at frst quarter. No budget amendments are proposed at first quarter for tl�e Engineering Department. � Public Works No budget amendments are proposed for the Public Worlcs program at first quarter. r�.��� � ��� Sailing Center The $4,909 (15%) positive variance in the Sailing Center program is primarily in salary savings and timing variances in the payment of contractual services. No budget amendments are proposed at first quarter. �� Non-Departmental Other Operating - Decrease $5(10 The budget amendment reflects tl�e transfer of $500 to the City Clerk program to provide funding for on-line service and subscription costs for information services. � � City of Clearwater GENERAL TUND Tirst Quarter Expenditures F1' 1995-96 Transfers - Increase $2,437,538 The amendment includes; the appropriation of retained earnings of the General Fund to the Capital Irnprovernent Fund in the amount of $1,037,463 for the construction of a concessivn building, pavilion and covered playground at Big Pier 60 Park (approved by the City Commission on 2/1/96). A budget transfer of $305,250 of unappropriated retained earnings to the Capital Improvement Fund to provide funding to purchase the Cliamber �f Commerce property as approved by the City Commission on 11/6/95. A budget transfer of $75,000 of unappropriated retained carn.ings to the Capital Improvement Fund providcs funding for thc Chicago promoti�n effort approved by the City Cammission on 1/7/95. A budget transfer of $393,893 of unappropriated retained earnings to the Capital Improvement Fund provides funding for the Municipal Services Technology project as approved by the Ciry Cornmission on 11/2/95, A budget transfer of $25,932 of unappropriated retained earnings to the Capital Improvement Fund provides funding for the Payroll/Hurnan Resources System as approved by the Ciry Commission on 11 /2/95. A budget transfer of $600,IX?0 representing the balance of Bridge Fund cash closed to the General Fund during the 1994/95 year end audit process closing the Bridge Fund. 'Chis transfer partially offsets the Central Insurance loan of infrastructure tax for the construction of the Clearwater Pass Bridge as previously ineluded in our Infrastructure Tax Spending plan. 10 GENERALFUND E�PENDITURE REViEW FIRST QUARTER - OCTOBER 1, 1995 - DECEMBER 31, 1995 FY 95/96 First First Original Quarter Quarter 1st QtrAmnd PROGRAM Budget Projection Actual Variance % Adjustment Busiget % CITY COMMISSION ADMINISTRATION - �ITY MANAGER OFFICE OF MGMT 8 BUDGET HUMAN RELATIONS Compiiance Program Community Program INTERNAL AUDIT ORGANIZATIONAL 8� EMP DEV TOURISM DEVELOPMENT OFFICE COMMUNITY RESPONSE TEAM Sub-total: LEGAL CITY CLERK INFORMATION MANAGEMENT Community Outreach FINANCE HUMAN RES�URCES Administration Recruitment & Selection Emp Development 8 Retention Emp Relations Sub-total: ORGANIZATtONAL 8► EMP DEV POLICE DEPARTMENT Office of the Chief Criminal Investigations Patrol Support Services Communications Sub-total: FIRE DEPARTMENT Administration Support Services Fire Prevention/Emg Mgmt Fire Suppression Emergency Medical Seniices Sub-total: 180,530 49,520 AU,016 669,210 174,530 357,880 306,110 159,23Q 0 0 532,170 2,199,130 1,087,150 648,870 505, 310 1,353,750 180,631 47, 564 98,067 87,704 43,334 0 0 180,787 638,087 148,579 46,778 94,695 83,407 35,553 1,039 0 182,802 592,853 283,807 231,233 191,441 182,818 136, 356 410, 542 204,280 57,628 273,390 75,272 231,970 65,402 166,160 44,622 875,800 242,924 0 743, 340 3,676,220 10,543,490 4,177,010 2,832,430 21,972,490 334,860 1,153,110 393, 540 5,955,570 2,333,980 10,171, 060 0 206,157 1,018,514 2,958,727 1,098,927 794,210 6,076,535 89,893 273,531 103,884 2,317,306 656,237 3,440,851 164,900 407,195 60,650 70,178 61,666 39,357 231,851 1039 195, 701 911,278 2,939,252 845,535 722,350 5,614,116 92,216 238,115 95, 604 2, 393, 837 656,418 3,476,190 11 9,504 19°l0 10,000 32,052 18% -106,000 786 2% 3,372 3% 4,297 5% 7,781 18°!0 -1,039 � 0 � -2,015 -1 % 45,234 7% 52,574 19°l0 -7,200 177,090 80, 000 143,890 8,623 5% 26,500 -28,544 -21 % 3,347 1 % -3,022 -5°!0 5,094 7% 3,736 6% 5,265 12% 11,073 5% -1039 � 10,456 5% 107,236 11 % 19,475 1 % 253,392 23% 71,860 9°/a 462,419 8% -2,323 -3% 35,416 13% 8,280 8% -76,531 -3% -181 0% -35,339 -1°to 35, 000 190,530 6% 563,210 -16% 174,530 0% 357,880 0% 306,110 D% 152,030 -5% 177,090 � 80,000 � 532,170 0% 2,343,020 7% 1,087,150 0% 675,370 4°!0 540,310 7% 0 1,353,750 0% -810 203,470 0% -54,610 218,780 -20% -114,470 117,500 -49% 166,160 0% -169,890 705,910 -19% 0 � 0 743,340 0% 0 3,676,220 0% 16,400 10,559,890 0% 0 4,177,010 0% 0 2,832,430 0°!0 16,400 21,98a,890 0°l0 334,860 0% 1,153,110 0% 393,540 0% 5,955,570 Op/o 2,333,980 0% 0 10,171,060 0% GENERAL FUND EXPENDITURE RE!/IEW FIRST QUARTER - OCTOBER 1, 1995 - DECEMBER 31, 1995 FY 95/96 First First PROGRAM Original Quarter Quarter 1st Qtr Amnd Budget Projection Actual Variance % Adjustment Budget % CENTRAL PERMiTTING Administration Development Technical Svcs Construction Technical Svcs Sub•total: ECONOMIC DEVELOPMENT PARKS 8 RECREATION Administraiion Recreation Programming Recreation Facility Maint Nursery Parks Maintenance Sub-total: LIBRARY Administration Public Services Technical Services Extension Services Cooperative Services Sub-total: ENGINEERfNG Engineering Services Traffic Engineering Traffic Field Operations Environmental Administration Environmental/Regulatory Sub-total: ENGINEERING/Airpark Coordinatlon PUBLIC WORKS Administration Streets 8 Sidewalks Heavy Equiprnent Operations Sub-total: MARINE/Sailing Center 503,710 537,940 813,020 1, 854,670 470,810 719,440 3,499,000 2,344,000 1,314,130 2,284,680 10,161,250 520,380 1,154,050 776,540 938,610 536,060 3,925,640 2,100,360 490,420 1,978,720 131,640 119,770 4,820,910 129,173 133,862 150,953 127,171 227,748 251,271 507,874 512,304 127,291 192,109 915,726 622,793 351,027 587,078 2,668,733 145,342 658,704 207,261 258,072 299,000 1,568,379 583,104 132,800 510,727 34, 947 35, 592 1, 297,170 61,480 19,746 325,380 85,525 839,640 226,438 472,000 124,270 1,637,020 436,233 122,690 32,758 113,795 196,830 856,797 580,394 322,956 544,561 2,501,538 136,928 657,232 213,236 254,999 297,32� 1,559,717 595, 883 119,244 369,747 33,736 31,267 1,149, 877 8, 959 87,498 218, 376 116, 542 422, 416 27,849 -4,689 -4% 23,782 16% -23,523 -10% -4,430 -1°1a 0 13,496 11% -4,721 58,929 42,399 28,071 42,517 167,195 -2% 6% 7% 8% 7% 6% 8,414 6°!0 1,472 0°l0 -5,975 -3% 3,073 1 % 1,678 1 % 8,662 1 % -12,779 -2% 13,556 10% 14�,980 28% 1,211 3% 4,325 12% 1a7,293 11 % � • • • • � C C 10,787 55% -1,973 -2% 8,062 4% 7,72$ 6% 13,817 3% 0 4,909 15% 503,710 0% 537,940 0% 813,020 0% 1,854,670 0°l0 470,810 0% 719,440 3,499,000 2,344,000 1,314,130 2,284,680 10,161,250 520,380 1,154,050 776,540 938,610 536,060 3,925,640 2,100,360 490,420 1,978,720 131,640 119,770 4,820,910 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 61,480 0% 325,380 0°fo 839,640 0% 472,000 0% 1,637,020 0% 1?.2,690 0°l0 NON-DEPARTMENTAL 3,688,410 1,620,173 1,639,226 -19,053 -1% 2,�437,038 6,125,448 66% TOTAL - GENERAL FUND 65,736,970 19,748,420 18,877,892 870,528 4% 2,498,938 68,235,908 4% 12 City of Clearwater U'I'ILITY TCJI�TDS First Quartec Rcvcnues FY 1995-96 WAter and Sewer Fund Oqeratin� Revenue - The approved budget reflected an error in the computation of the 16% pass through from Pinellas County on wholesale water charges, which was not addressed by the Office of Management and Budget until the aruival budget was approved, This will result in a budget amendrnent to Water operating revenues at first quarter, and will correct the negative v�riances in operating revenues. This change will not effect the Fnancial stability of the Water and Sewer Fund. Water Sales - Watcr sales revenues are approximately 11 % ltigher tlian actual receipts for the same period last year, Sewer Sales - Receipts of sewer revenues �are approxim.ately as projected at first quarter, and about 1% higher than actual receipts for the same period last year. � Gas Fund Other Financing Sources Increase $2,734,755 The budget increase retlects a loan from the cash pool of $2,721,115 offsetting Commission approved budget transfers of revenues to Pasco capital projects as an interun measure or loan from the cash pool until the Pasco Gas Bonds are issued, and an appropriation of $13,640 of prior year revenues to provide funding to the Capital Improvement project for the dernolition of the Utiiities Building on Chestnut Street as approved by the City Commission on 11 /2J95. � i� rr�Y�f Solid Waste Fund Other Financing Sources Increase $23,880 The budget increase reflects the appropriation vf prior year revenues to provide funding to the Capital Improvernent project for the demolition of the Utilities Building on Chestnut 5treet as approved by the City Commission on 11 /2i95. � Stormwater Utitity Oneratin Revenue - Operating revenues for the Storrnwater Fund are approxirnately as budgeted at first quarter. The negative variance in Other Revenue is due to the timing of the distribution of Capitalized Labor costs. Other rinuncing Sourccs Incrense $t,140 The budget increase reflects the appropriation of prior year revenues to provide funding to the Capital Improvement project for the demolition of the Utilities Building on Chestnut Street as approved by the City Commission on 11/2/95. � 13 Recycling Fund Operating Revenue City of Ctearwater UTILITY FLJNDS First Quarter Revenues FY 1995-9b Decrease $32,430 Operating revenues amendments decrease anticipate operating revenues in the Residential and Multi-Family programs to match the Commission approved maintenance of the residential collection fee at $2.05 for calendar year 1996 rather than the budgeted fee increase, and the effect of a lower than expected participation by multi-family units. The establishment of a multi-family recycling at $1.50 per living unit effective 3une 1, 1996 partially offsets the decrease. Other Operating Decrease $125,610 Revenues from the sale of recyclables are decreased by $133,750 reflecting the low selling prices for cardboard, newspaper and plastic coupled with decreased volume in newspaper and plastic offset with and increase in the amount of 1996 recycling grant revenue of $8,160 (total of $183,140). 14 WATER AND SEWER FUND Operating Revenue Water Revenue Sewer Revenue Reclaimed Water Total Operating Revenue Other Operating Other Revenue Other (Non-Revenue) Financing Sources Totat, Water and Sewer Fund GAS FUND Operating Revenue Other Operating Othe� Revenue Other (Non-Revenue) Financing Sources Totai� Gas Fund SOLID WASTE FUND Operating Revenue Other Operating Other Revenue Other (Nan-Revenue) Financing Saurces Total, Solid Waste Fund STORMWATER �UND Operating Revenue Other Revenue Other (Non-Revenue) Financing Sources Tota{� Stormwater Fund UTILfTY FUNDS REVENUE REVIEW FIRST QUARTER - OCTOBER 1, 1995 - DECEMBER 31, 1995 FY 95196 First First Original Quarte� Quarter 1st Qtr Amended Budget Project(on Actual Variance % Adjustment Budget % 17,302,600 15,350,000 75,000 32,72?,600 986, 000 2,347, 500 A00,000 36,461,100 15,315,000 1,529,700 1,211,270 1,000,000 19,055,970 11,776,000 88,000 332,330 19,120 12,215,450 3,403,Q00 757,630 0 4*160,630 �S, 325,649 3, 557,170 18,750 7,9Qi,569 246,501 186,873 100,002 8,434,945 3,374,344 390,462 283,956 0 a,aas,�sa 2,955,000 21,999 33,084 0 3,010,08:1 850,749 14Q,658 0 991,4Q7 3,472,324 3,620,005 18,404 7,110,733 189,433 140,624 53,745 7,494,535 2,895,236 187,932 276,090 0 3,359,258 2,925,952 22,130 36,A58 0 2,984,540 854,487 4,631 0 859,118 -853,325 -20% 62,835 0% -346 -4218% -790,836 -10% -57,068 -23% -46,249 -25% -46,257 -46% -940,410 -11% -479,108 -14% -202,530 -52°!0 -7,866 -3% 0 � -689,504 -17% -29,048 -1 % 131 1% 3,374 10% 0 � -25,543 -1% 3,73$ 0% -136,027 -97% 0 � -132,289 -13% 0 0 0 0 0 0 0 0 0 0 2,734,755 2,T34,755 0 0 0 23,880 23,880 0 0 1,140 1,140 17,302,600 0% 15,350,000 0% 75,000 0% 32,727,600 0% 986,000 0°/a 2,347,500 0% 400,000 0% 36,461,100 0°la 15,315,000 0% 1,529,700 0% 1,211,270 0% 3,734,755 273% 21,790,725 14% 11,776,000 0% 88,000 0% 332,330 0% 43,000 125% 12,239,330 0% 3,403,000 0°10 757,630 0% 1,140 -- 4,161,770 0% RECYCLING FUND Operating Revenue 1,209,700 302,424 254,746 -47,678 -16% -32,430 1,177,270 -3% Other Operating 1,129,400 169,660 134,183 -35,477 -21 % -125,610 1,003,790 -11 % Other (Non-Revenue) Financing Sources 2,000 0 0 0 � 0 2,000 0% Total, Recycling Fund 2,3d1,100 472,084 388,929 -83,155 -18% -158,040 2,183,060 -7% TOTAL, UTILITY FUNDS 74,234,250 16,95T,281 15,086,380 -1,870,901 -11% 2,601,735 76,835,985 4% 1$ Cihj of Clcanvnter LITILITY Fi.INDS Eirst Quarter Expenditures FY 1995-96 Water and Sewer Fund Sanitary Sewers Prograrn Increase $35,245 The budget increase reflects the transfer of funds to the Capital Irnprovernent project 315- 96518, Chestnut/Brown Demolitions, to provide funding far the demolition of the Brown Building and the old Utilities Building as approved by the City Cornrnission on 11/2/95. The First Quarter Amended Budget for the Sanitary Sewers program is $35,245 more than the Original 1995/96 Operating Budget. 4` Water Supply Canital - Budget amendments in Water Supply Control program at iirst quarter reflect the emergency purchase of a Portable Gas Chlorine Monitor and Calibration Kit at a cost of $1,290, with funding provided by savings within the Water Supply Control program. �� - Water Distribution Prograrn Increase $35,245 The budget increase reflect the transfer of funds to the Capital Improvernent project 315- 96518, Chestnut/Brown Demolitions, to provide funding for the �lernoli[ion of the old Utilities Building as approved by the City Commission on 11/2,/5. The First Quarter Amended Bu�et for [he Water Distribution nrogram is �35.245 more than the Original 1995/96 Operating Budget. '�► Water Pollution Control Canital - Budget amendrnents at first quarter reflect the purchase of an additional hand held radio at an estimated cost of $2,000 provided by savings within current year capital equipment purchases. �� Sewers & Lift Statioi�/M�tor Shop Water Support Services Non-Depurtmental No budget amendments are proposed at iirst quarter for these pro�rams at f rst �uarter. � Gus F'iund A►dministration & Supply Program Decrease $256, 672 The amendment primarily reflects savings in inventory costs due to a warm fall and a decrease in demand. The program amendment also reflects the transfer of $13,640 of gas revenues to the Capital Improvernent project for the demolition of the old Utilicics Building as approved by the City Commission on 11 /2/95. 16 Pinellas Gas Operutions Pasco Gas Opemtions Gas Marketing & Pinellas Sales City of Cleanvater UTTLTTY FiINDS First Quarter Expenditures FY 1995-96 Program Decrease $404,3G0 The program decrease reflects a significant reduction in contractual service for gas installation due to the lack of interest on the part of contract plumbers doing installation work, as well as the transfer of resources to Pasco operations. ` _. � Program Increase $2,542,265 $2,721,115 of this program amendment reflects the transfer of revenues to Pasco capital projects representing a loan from the cash pool until the Pasco Gas Bonds are issued in early summer. All of these related transfers have been previously approved by the City Commission and �re detailed in the Capital Improvement Summary. The balance of the increase reflects the reappropriation of funds from other gas programs to the Pasco operation primarily for maintenance and installation expenditures. � Program Decrease $239,720 The amendment primarily reflects savings in the Energy Conservation program. Due to the Department of Energy policy changes on fuel conservation, all energy conservation program expenditures will not be necessary. �� Solid Waste Fund Administration Program Increase $23,880 The budget increase reflects the transfer of Solid Waste revenues to the Capital Improv�ement project 315-96518, Chestnut/Brown demolitions to provide fi:nding for the demolition of the old Utilities Building as approved by the City Commission on 11/2/95. The First Ouarter Amended Bud�,et for the Solid Waste Administcation nro�ram is $23,880 more than the Original 1995/96 Operating Budget. •� - . Storrnwater Stormwater Utility Prograun Increase $1,140 The budget increase reflects the transfer of Stormwater revenues to the Capital Improvement Fund project 315- 96S 1$, Chestnut/Browrz demolitions to provide funding for the demolition of the old Utilities Building as approved by die Cornrnission on 11/2/95. 17 CrhJ of Cleanunter iITILITY FI.INDS First Quarter Expenditures FY 1995-9G The First Quarter Amended Bud�et for the Stormwater Utilitv Program is $1,140 more than the Original 1994/95 Operating Budget. - - - -��� � Recvcli��Fund Residential Program Increuse �19,610 The budget amendment reflects an iner�ase of $6,920 in personal services for salary adjustment of salary ranges. In addition, anticipate savings in operating expenses of $21,660 and in internal services of $1,500 have been used to partially offset debt service increases for approved lease purchase contracts. In addition, budget trunsfers are increased by $$12,690 reflecting aciditional recycling grant funding distributed to the related Capital Improvement project, and $4,550 is transferred to the Capital improvement project for the Cleveland Street/Brown demolition as approved on 11-2-95. The First Quarter Amended Bud,�et for the Recyclin�- Residential program is $19,610 more than the Original 1995/96 Operating Budget. � Multi-Family Program Decrease $43,550 The program amendment reflects budget deereases of $39,950 in personal services, $5,650 in operating expenses and $4,200 in intemal services offsetting a minor increase in debt service of $480 and transfers to the Capital Improvement project 315-96804, Recycling CartslDumpsites. In the amount of $5,770. Savings due to a position vacancy and delaying the hiring of a new equipment operator and the acquisition of a new vehicle for three months, result in personal service and internal (garage) service decreases. The increase in transfers anticipates the blue 90 gallon container acquisitions required for multi-farnily cornplexes to participate in their recycling prograrn. Tfie T'irst Ouarter Amended Bud�et foi• the Recvclin� - Mutti-Familv pro�ram is $43.550 lcss than the Original 1995/96 Operating Budget. �� - - — Commercial Program No budg,et amendments arc nronosed at first �uarter for the Comrnercial pragram. � 18 UTILITY FUNDS EXPENDITURE REVIEW FIRST QUARTER - OCTOBER 1, 1995 - DECEMBER 31, 1995 ;■ FY 95/96 First First Originai Quarter Quarter Arnended Program Budget Projection Actual Variance % Adjustment Budget °/a WATER � SEWER FUND Sanitary Sewers Sewer LS/Motor Shop Water Supply Water Distribution Water Support Services Water PoNution Control Non-Departmental TOTAL WATER & SEWER FUND: GAS FUND Administratian & Suppiy Pinellas Gas Operations Pasco Gas Operations Gas Marketing & Pineilas Sales TOTAL GAS FUND: SOLID WASTE FUND Administration Colieciion Transfer Container Maintenance TOTAL SOLID WASTE FUND: STORMWATER UTILITY FUND Watershed Management EnvironmentaURegulatory Stormwater Utility TOTAL STORMWATER UTIL FUND 1,191,84d 959, 580 8,371,370 5,124,430 621,140 12,222, 550 6,948,300 331,625 257,551 2,003,093 1,670,057 168,569 5,399,555 1,737,075 318,006 258,429 1,960,277 1,621,767 181,608 5,071,384 1,737,074 13,619 -878 42,816 as,2so -13,039 328,171 1 �o�a Q% 2% 3% -8 % 6% 0% 35,439,210 11,567,525 11,148,545 418,980 4% 12,177,210 2,968,200 2,341,193 627,007 21 % 3,685,690 1,060,861 885,Q56 175,805 17% 544,920 152,777 75,317 77,460 51% 1,590,190 413,360 361,746 51,614 12% 35,245 0 0 35,245 0 0 0 70,490 -256,672 -404,360 2,842.265 -239,720 1,227,085 3% 959,580 0% 8,371,370 0% 5,159, 675 1 % 621,140 0% 12,222,550 0% 6,948,300 0% 35,509,700 0% 11,920,538 -2% 3,281,330 -11% 3,387,185 522% 1,350,470 -15% 17,998,010 4,595,198 3,663,312 931,886 20% 1,941,513 19,939,523 11% 869,670 232,030 217,248 9,970,400 2,687,696 2,491,539 973,950 305,802 289,483 401,430 107,210 93,282 12,215,450 3,332,738 3,091,552 2,163,640 1,500,837 1,456,342 57,450 18,077 15,123 1,939,540 530,272 506,117 4,160,630 2,049,186 1,977,582 14,782 6% 196,157 7% 16,319 5% 13,928 13% 241,186 7% 44,495 3% 2,954 16% 24,155 5% 71,604 3% 23,880 893,550 3% 0 9,970,400 0% 0 973,950 0% 0 401,430 0°l0 23,880 12,239,33Q 0% 0 2,163,640 0% 0 57,450 0% 1,140 1,940,680 0°to 1,140 4,161,770 0% RECYCLING FUND Residential Program 977,120 400,749 229,243 171,506 43% 19,610 996,730 2% Multi-Family Program 388,950 115,721 70,523 45,198 39% -43,550 345,400 -11 % Commercial Program 762,610 312,655 239,309 73,346 23% 0 762,610 0% TOTAL RECYCLING FUND: 2,128,680 829,125 539,075 290,050 35% -23,940 2,104,740 -1% TOTAL, UTILITY FUNDS 71,941,980 22,373,7T2 20,420,066 1,953,T06 9% 2,013,083 73,955,063 3% 19 City of Clcarwatcr OTH�R EN'I'ERPRISE FUNDS First Quarter Revenues I� Y 1995-9fi Murina Fund Slip Rcntals - Slip rentals are approxirnately $ 8,670, or 5`7o below es[imates at first quarter, and 7% below actual collections for the same period last year. Gas and Oil Sales - Gas and oil sales are $16,815, or 8�o below estimated collections at first quarter, and 6% below actual collections for the sarne period last ycar. Marina Fund revenues are not amendcd at first quarter pending further analysis at mid year, determining whether these are true variances, or merely one-time or timing variances. � Pier 60 Fu�d Adrnissions - Admissions are approxirnately $1,738, or 5`7o below estimates at iirst quarter, and 2% below actual collections for the sane period last year. Sales/Rentals - Sales and rentals are approximately $3,749, or 13% below estimates at iirst quarter, and are approximately equal to co(lections for the same period last year. Adrnission and Sales/Rentals are not amended at first quarter, but will be monitored for possible arnendment at mid year. Other Financing Resources Increase $9,070 The budget amendment reflects a one-tirne contribution from the undesignated retained earnings of the Special Development Fund to provide funding for a security system at the Pier for inventory control and safery purposes. � Parking Fund ParkinQ Recei�ts - Parl:ing receipts are approximately $51,041, or 14%, below anticipated collections at first quarter, and approximately 12% below collections for the same period last year. Parking Receipts are not amended At first puarier uendin� further analvsis �t mid vear. Other Revenue - The large negative variance ($21,735, or 41%a) in Other Revenues is almost entirely due to a tirning variance in the receipt of funds frorn Pinellas Gounty supporting lhe Beach Guards. Other Financin� Sources Incrcase $140,276 The budget amendment retlects the appropriation of unappropriated retained earnings of the Parking Fund to provide funding in the arnount of $65,276 for a parking feasibility study on the beach (appraved 10/5/95), and $75,000 to support the Chicago promotion marketing eifort (approved 12/7/95), �,�►._�. Za �'� � .., _. i Ctty ot' Clearwnter 4THER EN'I'ERPRtSE FUNDS I�'irst Quurter Revcnues FY 1995-96 Harborview Center The Harborview Center adopted operating reve�ues reflected a.n operating restaurant and deli. Fund revenues and proposed amendments will be addressed in depth at mid year, 0 21 , i � ' z � i ' 1 � 1 'F ,; MARINE FUND Operating Revenues Sales Rentals OtherRevenues Other (Non-Revenue) Financing Sources Total, MARINE PIER 60 Operating Revenues Admissions Sales/Rentals Other Revenues Other(Non-Revenue} Financing Sources Total, PIER 60 PARKING FUND Operating Revenues Parking Receipts OtherRevenues Other (Non-Revenue) Financing Sources Total, PARKING HARBORVIEW CENTER FUND Operating Revenues OtherRevenues Total, HARBORVIEW CENTER ENTERPRISE FUNDS REVENUE REViEW FIRST QUARTER - OCTOBER 1,1995 - DECEMBER 31, 'f995 FY 95/96 First First Original Quarter Quarter 1stQtrAmnded Budget Projection Actual Variance % Adjstmt Budget % 925,600 738,000 191,420 0 1,855,020 168,500 159,840 7,000 0 335,340 2,292,400 262,790 30,9Q0 2,586,090 503,400 293,100 796,500 222,233 184,a00 41,853 0 448,586 28,699 31,884 1,749 0 62,332 393,151 52,947 0 446,098 0 73,275 73,275 205,418 175,828 39,568 0 420,814 26,961 28,095 682 0 55,738 342,263 31,212 0 373,475 22,651 141 22,792 -16,815 -8% -8,672 -5% -2,285 -5% 0 � -27,772 -6% -1,738 -6% -3,789 -12% -1,067 -61 % 0 � -6,594 -11% -50,888 -13% -21,735 -41 % 0 � -72,623 -16% 22,651 � -73,193 -100% -50,542 -69% � � � � 0 0 0 9,070 9, 070 0 0 140,276 140,276 � � 925,600 738,000 191,420 0 1,855,020 168, 500 159, 840 7,000 9,070 344,410 0% 0°!0 0% 0% 0°l0 0% 0% 3% 2,292,400 0% 262,790 0% 171,176 454% 2,726,366 5% 503,400 0% 293,100 0% 796,500 0% Total, ENTERPRISE FUNDS 5,572,950 1,030,291 872,819 -157,531 -15% 149,346 5,722,296 3% 22 Clearwater, Florida OTH�R ENTERPRISE FUNDS �'irst Quarter Expenditures FY 1995-96 Marina Onerations Operating expenditures for the Marina are approximately as anticipated at first quarter. No bnd�et amendments are proposed for the Marina Fund at first quarter. Pier 60 Ouerations Other Operating Capital � Incre�se $1,350 Increase $7,720 The budget increase provides funding for a closed circuit security system for Pier 60 and a one (1) year warranty. The security system was needed for inventory control and the security of customers and employees. The system installation has been approved by the City Manager, and installation is complete. Funding is provided by a one-time contribution from the unappropriated retained earnings of the Special Developrnent Fund. The First Quarter Amended Bud�et for the Pier 60 Fund is $9,070 more than the 1995i96 Original Operating Budget. Purkin�O,perations Other Operating - ......_....� ,�. �...: Increasc $65,276 The budget amendment provides for the appropriation of unappropriated retained earnings of the Parking �und to provide funding for the agreement with Kimley- Horn and Associates to conduct a beach parking facility study as approved by the City Commission on 10/5/95. Trsinsfers Increase $75,000 The budget amendment provides funding for a tourism marketing effort highlighting Clearwater and it's beaches, and focusing on the Chicago market as approved by the City Commission on 12/7/95. The First QuACter Amended Bud�et for the Parkin�System Program is �140,276 more than the 1995/96 Original Operating Budget. i3each Guards 1�To budect arnendments ur� pr�sed for tl�e Bcach Guard operation at first puarter. . =----- Hi�rborview Center Oper�tions No bud et arnendments i�rc nropc�sed 1'or the Harl�orview Center ��t first�,uarter. 23 ENTERPRISE FUNDS EXPENDITURE REVIEW FIRST QUARTER - October 1, 1995 to December 31, 1995 FY 95/96 First First 2 Original Quarter Quarter Arnended = Program Budget Projection Actuai Variance % Adjustment Budget % � MARINE FUND: MARINE DEPARTMENT - Marina Operations PIER 60 FUND: MARINE DEPARTMENT - Pier 60 Operations 1,805,460 476,563 453,868 22,695 5% 323,880 PARKING FUND: ENGlNEERING DEPARTMENT - Parking System 2,201,950 MARINE DEPARTMENT - Beach Guard Operations 384,140 TOTAL: 2, 586,090 84,697 670, 545 93,539 764,084 91,774 704,111 81, 537 785,648 -7,077 -8% -33,566 12,002 -21,564 -5% 13% -3% 1,8�5,460 0°!0 9,070 332,950 3% 140,276 2,342,226 384,140 140,276 2,726,366 6% 0% 5% 's , , HARBORVIEW CENTER FUND: Harborview Ctr Operations 796,500 199,125 112,971 86,154 43% 796,500 0% � TOTAL, ENTERPRISE FUND 5,511,930 1,524,469 1,444,261 80,208 5% 149,346 5,661,2T6 3% � � 24 City of Clearwater 1NTERNAL SERVICE FIINDS First Quarter Revenues FY 1995-96 General Services Fund This fund accounts for the activities of General Services Administration and the Building and Maintenance programs. Operating Revenue Decrease $669,680 The budget amendment reflects the transfer of the administrative duties of the Cily's telephone system from the General Services Department to the Information Services De�lrtment which is accounted for in the Administrative Services Fund (effective 11/1/95). This decrease is offset by a like increase in the revenues of the Administrative Services Fund. - •� - Administrative Services Fund This fund aecounts far the Graphic Communication, Information Services, Purchasing and Utility Customer Service programs. Operating Revenue Increase $669,680 The budget amendment reflects the transfer of the admuustrative duties of the Ciry's telephone system from the General Services Department (effective 11/1/95). This increase is offset by a like decrease in the revenues af the General Services Fund. Other Financing Sources Increase $196,04G The budget increase reflects the appropriation of unappropriated retained earnings of the Administrative Services Fund to provide the first year of debt service payments on the new telecommunication system at the Municipal Services Building, Police Building, the Municipal Garage, and City Hall as approved by the City Commission on 12/7/95. �� Garage Fund The Garage Fund accounts far the Fleet Maintenance and Radio Communication programs for the Ciry. No budQet amendments are proposed at first quarter. ,� Central Insurancc Fund The Central Insurance Fund includes the Finance Department - Risk Management program, the Human Resaurce Department - Employee Benelits pr�gram, and the Non-Departmental program accounting for City-��ide insurance expenditures. No budget amendments are nrotx�sed at first quai�ter. 25 INTERNAL SERVtCE FUNDS REVENUE REVIEW FIRST QUARTER - OCTOBER 1, 1995 - DECEMBER 31, 1995 FY 95/96 First First Originai Quarter Quarter 1st Qtr Amnded Budget Projection Actual Variance °!o Adjustrnent Budget °lo Generat Services 2,921,480 730,374 620,497 Administrative Service 4,563,430 1,135,236 1,233,156 GaragB Fund 8,483,980 2,118,498 2,163,141 Central insurance 8,236,730 1,938,432 1,982,045 -109,877 -15% 97,920 9% 44,643 2% 43,613 2°/a -669,680 2,251,800 -23% 865,726 5,429,156 19% 0 8,483,980 0% 0 8,238,730 0% TOTAL, INTERNAL SERVICE FUNDS 24,207,620 5,922,640 6.998,839 76,299 1% 196,046 24�403,666 1% 26 i� � ,� ; iI City of Clear�vatcr INTERNAL SE�tVICE F[JNDS First Quarter Expenditures FY 1995-96 GenerAl Services Fund This fund accounts for the General Services Administration and Building and Maintenlnce programs. Administration Decrease , $664,180 Th� budget decrease retlects the transfer of the administrative duties of monitoring the City's telephone system and chargeback service from the General Services Department to Information Management which is accounted in the Administrative Services Fund (effective 11/1/95). The budget decrease is affset by a like increase in telephone titility expenditures in tl�e Administrative Services Fund Information Services/Administration program. The First Quarter Amended Budget for the Administration Pro�ram is $G64,180 more than the Original 1995/96 Operating Budget. BuildinQ & Maintenance The $69,203 (14%) positive variance reflected is due to variances in the purchase of construction material and contractual services. These are rnost likely timing variances in theses line item budgets, and will be rnonitored for possible amendment at mid year. ,, Administrative Services Fund This fund accounts for the Graphic Communication and (Computer) Information Services programs oF the Information Management Department, and the Purchasing, and Utility Customer Service programs of the Finance Department. Information Services Other Operating Increase $664,180 The budget increase reflects the trinsfer of the administrative duties of monitoring the City's telephone system and chargeback service frorn the General Services Department effective 11/1/95. The budget inerease is offset by a like decrease in the Gen�ral Services Fund. Debt Service Increase $196,04b The budget increase reflects the appropriation of $196,046 frorn the unappropriated retained earnings of the Administrative Services Fund for the first year's debt service payments on the new telecommunications systern for the Municipal Services Building, Police Building, Municipal Garage, and Ciry Hall as approved by the City Commission on 12/7/95. 'The First Quarter Amended Budget for thc Information Services Pro�ram is $860,226 more than the Original 1995/96 Operating Budget. 27 PurchasinQ Capital - City of Clenrwater INTERNAL SE2VICE I+'UNDS First Quarter Expenditures FY 1995-96 The first quarter amendments reflect the purchase of a new facsimile machine at an estimated cost of $600 to replace an existing machine which is unrepairable. Funding is provided by savings within the Purchasing program's current operating budget. No other budget amendments are proposed for the Administrative Services Fund at first �uarter. Gara eg Fund This fund accounts Department. � for the Fleet Maintenance and Radio Communication programs of the General Services No bud�et amendments are nronosed for the Garage Fund at first quarter. . � Central Insurance Fund This fund accounts for the Risk Management program of the Finance Department; the Employee Benefits program of the Human Resources Department; and the Non-Departmental program which reflect city-wide insurance expenditures. No budget amendments are proposed for the Central Insurance Fund at first quurter. 28 INTERNAL SERVlCE FUNDS ExPENDiTURE REVIEW FiRST QUARTER - OCTOBER 1, 1995 - DECEMBER 31, 1995 FY 95/96 First First Original Quarter Quarter Amended Program Budget Projection Actual Variance % Adjustment Budget % GENERAL SERVICES FUND: GENERALSERVICEDEPARTMENT- Administration Buiiding 8� Maintenance Total, General Service Fund 1, 091,260 1,735,610 2,826,870 AMINISTRATIVE SERVICES FUND: INFORMATION MANAGEMENT DEPARTMENT- Graphic Communications 591,820 Computer Inforrnation Svc 1,517,630 FINANCE DEPARTMEN? - Purchasing 322,720 Util Customer Service 2,121,660 Totai, Adrninistrative Svcs Fund 4�553,830 GARAGE FUND: GENERAI SERVICE DEPARTMENT - Fleet Maintenance Radio Cornmunications Total, Garage Fund CENTRAL INSURANCE FUND: FiNANCE DEPARTMENT - Risk Management HUMAN RESOURCE DEPARTMENT - Employee Benefits NON-DEPARTMENTAL Total, Central Insurance 6,758,940 1,203,810 7,962,750 311,260 104,110 7,229,83Q 7,645,200 276,512 143,035 133,477 48% 485,711 416,508 69,203 14% 762,223 559,543 202,680 27% 143,375 127,455 459,056 545,558 84,532 79,142 599,769 558,253 1,286,732 '1,310,408 1,790,672 1, 542,703 123,664 112,929 1,914,336 1,655,632 15,920 11% -86,502 -19% 5,390 6% 41,516 7% -23,6T6 -2% 247,969 14% 10,735 9% 258,704 14% 81,816 86,805 -4,989 -6% 27,322 17,666 9,656 35% 1,617,460 1,501,959 115,501 7% 1,726,598 1,606,430 120,168 7% -664,180 0 -664,180 0 860,226 0 0 86Q,226 0 0 0 0 0 0 0 427,080 -61 % 1,735,610 0% 2,162,690 -23% 591,820 0% 2,377,856 57% 322,720 0% 2,121,660 0% 5,414�056 19°/a 6,758,940 0% 1,203,810 0% 7,962,750 0% 311,260 0% 104,110 7,229,830 7,645,200 Op/o 0% 0% TOTAL� INTERNAL SERVICE FUNDS 22,988,650 5,689,889 5,132,013 557,876 10% 196,046 23,184,696 1% 29 Clearwater, Florida CAPITAL IMPR4VEM�NT I�'UND First Quarter Summary FY 1995-96 Tfie amended 1995-96 Capital Improvement Program budgct repart is submiucd for the City Commission's first quartcr review. The net proposed amendment is a budget incre�se of $2,286,873. This review provides the opportunity to examitie the status of all active projects and present formal amendments to the project budgets. Fiscalty significant budget incr�ases encompassed within this review are as follo�vs: The following Capital Improvement Budget increases have not been previously approved by the Commission. PUBLIC SAFETY: Emergency Operations Center: Budget increases of $2,440 of revenues i'rom the City of Homestead for storm assistance, and of $29,568 of Federal Grant revenues representing reirnbursement for storm related expenditures. MISCELLANEOUS ENGINEERING: Miscellaneous Engineering: A budget increase of $25,000 of development impact fees to estaUlish a new project for miscellaneous contractual services. LEISURE: Sand Key City Park: A budget increase of $300,0{)0 of recreation facility impact fees to move this project forward in the plarming process because of residents' requests to address beach renourishment immediately. Clearwater Pass Bridge Construction: Budget increases of $600,000 of unappropriated General Fund revenues (representing Bridge Fund revenues closed to the General Fund during the fiscal year end audit) and $1,360,700 of infrastructure taxes (representing a loan from the Central Insurance Fund), for a tot�.l increase of $1,960,700. GENERAL P'UBLIC BUII.,DINGS & EQiJIPMENT: Chieago Promotion: A budget increase of $5,000 of donations received from the Clearwater Beach & Tourism Council, Inc. for tourism promotion. UTILITIES: Stevenson's Creek Improvements: A budget increase of $13,661 of rental fees for Jeffords Street property. Pinellas New Gas Mains & Service: A budget increase of $52,000 of gas bond interest revenues to provide additional funding for the project. Pinellas Gas Building 8c Equipment Improvements: A budget increase of $222,000 of gas bond interest revenues to provide additional funding for the project. System R&R - Maintenai�ce: A budget increase of $25,004 of gas R&R revenues based upon final audit adjustments at fiscal year end. Line Relocation: A budget increase of $80,706 of Florida Department of Transportation revenues representing reimbursement for relocating the main on State Road 55. Recycling Car-ts/Dumpsters: A budget increase of $5,770 of recycling revenues representing operating savings, to provide funding for the purchase of blue 90 gallon containers for multi-family complexes. Recycling Grant: A budget incrcase of $8,140 of recycling revenues representing recycling grant revenues to provide additional funding for the projcct. 30 Clearwater, Florida CAPITAL IMPROVEMENT FUND First Quarter Surnrn�ry FY 1995-96 The following Capital Improvement Budget incre�.ses have been previously approved by the Commission. Memorial Causeway Bridge Replacernent Municipal Services Cornplex Technology Telephone System Replacement Chamber of Comrnerce Propeny Chicago Prornotion Downtown Lake Vac-Con Sewer Cleaner Pasco Expansion/New Mains & Services Pasco Expansion/New Mains & Services Pasco Expansion/New Mains & Services Pasco Expansion/New Mains & Services Pasco Expansion/New Mains & Services Big Pier 60 Park Pasco Land, Buildings & Equipment Pasco Land, Buildings & Equipment Pinellas Phase II Gas Line Relocation ChestnutlBrown Dernolition Pinellas Phase II New Gas Mains Alpha Computer - Human Resources, Finance/Payroll Payroll/Human Resources System Sand Key Power Line 31 Project Budget $860,000.00 393,893.07 24,428.00 305,250.00 150,000.00 130,000.00 9,770.00 300,000.00 200,000.00 10,000.00 1,181,369.39 18,924.00 1,176,733.00 13,797.00 54,100.00 630,000.00 126,410.78 294,285.00 40,320.00 25,932.Q0 1,098,000.00 Commission Auprovai 12/7/95 11/2/95 12/7/95 11/16/95 12/7/95 12/7/95 1 /4/96 8/17/95 10/19/95 12/7/95 1/4/96 2/1/96 2/1/96 11/2/95 2/1/96 11/2/95 11/2/95 1 /4/96 11/2/95 11/2/95 9/21/95 Clcarwritcr, F {oridu CA.I'ITAL IMPROVEI�ILN'I' FUND First Quar�er Amcndmcnts FY 1995-96 I. Incresse Arnendmen�s l. 315-9I 115 Emerge�cy Operations Center To reco�d a budget increase of $2,440.08 of revenues from other municipalitics representing revenue received from the City of Homestead for storm assistance, and a buclget incrc�.se of $29,568.00 of Federal Grant revcnues represcnting reimbursement for storm related expenditures, for a total budget amendrnent of $32,008.08 to match budgeted Tevenues with actual revenues received. 2. 315-91136 Radio Switch for Police Dept. To record a budget transfer of �925,000.00 of lease purchase funding from 315-94225, Radio Switch for Yolice Dept., in order to reclassify the general services project to a public safety project. 3. 315-92332 5idewalk R&R City To record the following budget transfers of infrastructure taxes. A budget transfer from 315-92334, Bicycle Paths, to close the bicycle path project $91.94 A budget transfer from 315-92336, Mandalay Sidewalks, which is complete and being closed 92,404.60 Net budget amendment 92 496.54 4. 315-92820 Memorial Causeway Bridge Replacernent To record a budget inerease of $860,000.00 of infrastructure taxes representing a loan from the Central Insurance Fund to provide funding ta perform a State Environmental Impact Report (SEIR) needed for the replacement of the Memorial Causeway Bridge, as approved by the Commission on 12/7/95. 5. 315-92822 Miscellaneous Engineering To record a budget increase of $25,000.00 of developrnent impact fees, to establish a project to provide funding for rniscellaneous eontractual services related to new road construction, public transit facilities, storm drainage, rights-of-way, sidewalks, drainage structures or signal installation. 6. 315-93205 Countryside Recreation Center Furnishings To record a budget transfer of $100,000.00 of infrastructure taxes from 315-93281, Countryside Recreation Center, to establish a separate project to provide funding for the furnishings for the Countryside Recreation Center. 32 Clearwater, Florida CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 1995-96 I. Increase Amendments 7. 315-932$1 Countryside Community Recreation Center To record the following budget transfers of infrastructure taxes. A budget transfer to 315-93205, Countryside Recreation Center Furnishings ($100,000.00) A budget transfer from 315-92334, Bicycle Paths, to provide additional funding for the construction of the building, as approved by the Cornmission on 11/2/95 202,678.Q0 Net budget arnendment $102,678.00 8. 315-93282 Sand Key City Park To reeord a budget increase of $300,000.00 of recreation facility impact fees to establish a project to create the park and provide funding for preliminary planning work. This project has moved forward in the planning process because of residents have requested that beach renourishrnent be addressed immediately. 9. 315-93288 Big Fier 60 Purk To record the following budget amendments to provide funding for the construction of a concession building, pavilion and covered playground, as approved by the Commission on 2/1196. A budget increase of recreation facility impact fees $139,270.00 A budget increase of unapprapriated retained earnings oF the General Fund 1,037,463.00 1�1et budget amendrnent $1.176,733.00 10. 315-93289 Jack Russell StAdiurn - Phillies Improvernents To record a budget transfer of $652.34 of infrastructure taxes from 315-93283, Wood Valley Recreation Center Improvements, to provide additional funding needed for the storage building and the Carpenter Field maintenance building, as approved by the Commission on 9/7/95. 11. 315-93294 Crest Lake Park Improvements To record a budget transfer of $487.03 of infrastructure taxes from 315-93283, Woocl Valley Recreation Center Irnprovements, to close the recreation center project, which is complete. 12, 315-93470 6ridges/Docks/ScawAll - R& R To record a budget transfer of $8,104.05 of bridge revenues from 315-93468, Sand Key Bridge Replaccment, to close the bridgc rcplacement project which is complcte. 33 I. Incres�.se Ame�dments 13. 315-93481 14. 15. 16. 17. I. � Clearwater, k loridA CAPITAL IMPROVEM�NT I� LJND First QuaRer Amendments FY 1995-96 Clearwater Pass Bridge Construction To record the following budget amendrnents. A budget transfer of bridge revenues from 315-93479, Clearwater Pass Bridge Monitoring to close the monitoring project A budget increase of unappropriated retained elrnings of the General Fund representing Bridge Fund revenues closed to the General Fund during the fiscal year end audit A budget increase of infrastructure taxes representing a loan from the Central Insurance Fund A budget decrease of interfund loan financing Net budget amendment $167,415.18 ��1 111 �1 1, 360, 700.00 ��� ��� �� $128.115,18 315-93486 Beach Guard Building Renovation To record the following budget amendments in order to close d�is project, which is complete. A budget transfer of bridge revenues from 315-96108, Pollut�nt Storage Tank Removal A budget transfer of bridge revenues from 315-92632, Parking Garage Structure Repair Net budget amendment $298.23 1.018.22 1 316.45 315-93489 Cleurwater Pass Bridge Light�s To record a budget transfer of $100,000.00 of infrastructure taxes from 315-93485, Bridge Utility Relocation, to provide funding to establish a project to light the eastern side of the bri�ige, as approved by the Comrnission on 1/4I96. 315-93510 Books/MateriaLs Collection-Main/Cast To record a budget transfer of $80.00 of General Fund revenues from 315-93518, Library Security, which is complete and being closed. 315-94602 Municipal ServiceslPublic Safety & Palice Complex To record the following budget transfers to provide funding for telephane, data and TV cabling. A budget transfer of General Fund revenues from 315-94603, Municipal Services Complex Technology, for new technology A budget transfer of General Fund revcnues from 315-91118, Police Pursuit Vehicles, to close project 315-91118 $789,295.00 2.272.3 9 Net budget amendment ,�791,567.39 Increase Amendments 315-94707 OccupAtional Licer�se/Code Enforcenie��tlPermitting Upgrade To record a budget transfer of $65,000.00 of General Fund revenues from 315-94603, Municipal Services Complex Technology, to provide fwiding for software and services. 34 I. 18. 19. Clcarwaicr, rlarida CAPITAL IMPROVEMENT FUND First Quarter Amendrncnts FY 1995-96 Increase Amendments 315-94707 Occupational License/Code Enforcement/Permitting Upgrade To record a budget transfer of $65,000.00 of General Fund revenues from 315-94603, Municipal Services Complex Technology, to provide funding for software and services. 3 15-947 1 1 Sand Key Power Line To record the following budget amendments to provide funding to bury the power lines on Sand Key. The issuing of bonds was approved by the Commission on 9/21/95. The exact arnount will be deterrnined when all property owners advances have been received. A budget transfer of General Fund revenues to 315-94603, Municipal Services Complex Technology A budget increase of properry owners share revenues A budget increase of bond issue funding Net budget amendrnent ($20,000.00) . 111 11 � 11� 1� E. � : ��� i� 20. 315-94717 Harborview Center To record a budget transfer of $150,00.00 of infrastructure taxes from 315-94735, Harborview Center Catering Kitchen, to consolidate the catering kitchen construction with the Harborview Center construction to correspond with the construction contracts, and to close the catering kitchen project, 315-94735. 21. �a 23. 315-94740 Enterprise Network - Phase I To record a budget transfer of $145,770.04 of General Fund revenues from 315-94603, Municipal Services Complex Technology, to provide funding for software and contractual services. 315-94746 Chamber of Comrnerce Property To record a budget increase of �305,250.Q0 of unappropriated retained earnings of the General Fund to purchase the Chamber of Commerce property at 128 North Osceola, as approved by the Commission on 11/O6/95. 315-94748 Chicago Promotion To record the following budget amendments to provide funding to establish a project for a tourism marketing effort focusing on Chicago, as approved by the Commission on 12/07/95. A budget inere�se of unappropriated retained earnings of the General Fund A budget incres�.se of parking revenues A budget increuse of donations representing funding received from the Clearwater Beach & Tourism Council, Inc, Net budget amendmcnt 3S 1�1 1� ��� �� 5.000.00 � 155 ,000.00 I. Increase Amendments 24. 315-96102 25. 26. 27. 28. Clearwater, Florida CAPITAL IMI'ROVEMENT FUND First Quarter Amendments FY 1995-96 Stevenson's Creek Improvements To record the following budget amendments. A budget increase of rental fees to match budgeted revenues with actual revenues received A budget transfer of infrastructure talces from 315-961o1, Allen's Creek Impravements Net budget amendment $1�,661.14 495,497.00 �509.158.14 315-96103 Stormwater Quality Improvement/ Property I'urchases To record the following budget transfers from 315-92403, Stormwater Management Master Plan, to provide funding for future storrnwater improvements and to close 315- 92403 which is complete. A budget transfer of stormwater revenue A budget transfec of development impact fees A budget transfer of development impact fees frorn 315-92498, Miscellaneous Ponding, which is complete and being closed lvet budget amendment $43,514.62 229,702.$5 51 415.36 �324,632.83 315-96104 Storm Drainage Renewal & Replacement To record a budget transfer of $16,004.56 of raad & drainage improvement rnillage revenue from 315-924�4, Unspecified Storm Drainage, and to close 315-92404 which is complete, 315-96109 Downtown Lake To record a budget increuse of $130,000.00 of unappropriated retained eacnings of the Special Development Fund to provide funding for the Urban Contamination Assessrnent Study, as approved by the Commission on 12/7/95. 315-96112 V�ic-Con Sewer Cleaner To record the following budget amendrnents to establisti a project for the purchase of a sewer cleaner to be used by stormwater to clean main storrn water lines, as approved by the Comrnission on 1 /4/96. A budget transfer of lease purchase funding from 315-96556, Vac-Con Sewer Cleaner, to reclassify to a stormwater project A budget increase of lease purchase funding Net budget amendment 36 1 ��� �� 9,770.00 $159,770.00 Clearwater, Florida CAPITAL Il1�IPROVFMENT FUND First Quarter Amendments FY 1995-96 I. Increase Amendments 29. 341-96301 Pinellas Ne�v Gas MAins & Service To record the following budget amendments. 30. 341-96305 A budget decrease of gas bond revenues to match budgeted revenues with actual revenues appropriated to the project A budget increase of gas bond interest revenues A budget transfer of gas bond revenues from 341-96304, Pinellas New Gas Market Development, to move funding where needed A budget transfer of gas bond revenues from 341-96304, Pinellas New Gas Market Development for the installation of new rnains as approved by the Commission on 10/ 19/95 ($751.32) 1�� 1� �� 1�� 11 367,750.00 A budget transfer of gas bond revenues from 341-96304, Pinellas Ne�v Gas Market Development, for steel materials as approved by the Commission on 12/7/95 45,590.93 A budget transfer of gas bond revenues from 341-96344, Pinellas New Gas Market Development, to shift efforts from alternate energy to mains & services due to the change in federal policy which no longer requires use of alternate energy 586,659.00 Net budget amendment Pinellas Gas Buiiding & Equipment Improvements To record the following budget amendments. A budget transfer of gas bond revenues from 341-96303, Pinellas Gas Line Relocation/Public Works, for the purchase of a vehicle, as approved by the Commission on 11/2/95 $1,151,248.61 $17,046.55 A budget transfer of gas bond revenues from 341-96303, Pinellas Gas Line Relocation/Public Works, to provide additional funding for remodeling the gas buildings, as approved by the Comrnissian on 9/21/95 34,969.00 A budget incre.use of gas bond interest revenues 1�Tet budget amendment 37 222,000.00 $274,015.55 1. 31. ClcarwAter, Fiorida CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 1995-96 Increase Amendments 315-96320 Pasco Expansion/New Mains & Services To record the following budget increases of gas revenues representing a loan from die Gas Fund utitil bond revenues are available. A budget increase for installation of gas mains �c lines as approved by the Commission on 10/19/95 A budget increase for a joint project agreement on State Road 54, as approved by the Commission on 1/4/96 A budget increase for installation of gas mains on U.S, 19, as approved by the Commission on 1/4/96 A budget increase for black polyethylene pipe, as approved by the Commission on 8/17/95 A budget transfer of future gas bond revenues from 315-96369, Pasco Expansion, for black polyethylene pipe, as approved by the Commission on 8/17/95 A budget increase for the purchase of steel gas materials, as approved by the Commission on 12/7/95 A budget increase for propane tanks as approved by the Commission on 1/4/96 A budget incre�.se for the installation of gas mains & service, as approved by the Commission on 1/4/96 A budget increuse for pipe for Pasco River crossing, as approved by the Commission on 2/ 1/96 A budget transfer of gas revenues to 315-96322, Pasco Land, Buildings & Equipment, based upon final audit adjustments at fiscal year end Net budget amendment 38 '. �� ��� �� 107,982.39 896,157.00 �� ��� �� 718,375.00 � �'�� �� 40,110.00 137,120.00 18,924.00 �24,998.91) $2,403,669.48 s � Y t � � � I. Increase Arnendments 32. 315-96322 33. 34. 35 KT•� 37. Clearwater, Tlorida CAPITAL IMPROVEMENT FUND First Quarter Arner,dments FY 1995-96 Pasco Land, Buildings & Equipment To record the following budget amendments. A budget increase of gas revenues representing a loan from the Gas Fund until gas bond revenues are available, for the purchase of a vehicle, as approved by the Commission on 11/2/95 A budget inerease of gas revenues representing a loan From the Gas Fund until gas bond re��enues are available, for architectural and design work on the Pasco Sales Office, as approved by the Commission on 2/ 1 /96 A budget transfer of gas revenues from 315-963?.0, Pasco Expansion/ New Mains & Service, based upon final audit adjustments at fiscal year end Net budget amendment $13,797.00 ' 11 11 24,998.91 97 895.91 315-96366 System R&R - Maintenance To record a budget increase of $25,003.78 of gas R&R revenucs based upon fmal audit adjustments at �iscal year end. 315-96371 Pinellas Phase II Gas Line Relocation To record a budget increase of $630,000.00 of gas revenues representing a loan from the Gas Fund until gas bond revenues are available, to provide funding to install gas mains during the widening of State Road 584, as approved by the Commission on 11/2/95. 315-96424 Mini Transfer Station To record a budget transfer of $18,583.78 of solid waste revenues from 315-96437, Old Solid Waste Site Work, to close the site work project which is complete. 315-9fi429 Comrnercial Container Acquisition To record a budget transfer of $60,000.00 of solid waste revenues from 315-96433, Recycling Program to provide funding for the purchase of additional rvll-off durnpsters for solid waste. 315-96436 Solid Waste Complex To record the following budget trinsfers of solid waste revenues. A budget transfer from 315-96433, Recycling Program in order to close 315-96433, which is complete A budget transfer from 315-96428, New Facility, which is completc anci being clased Net budget amendcnent 39 $35,227.86 31,092,52 66 320.38 I. � 39. Clcarwater, I'lorida CAPITAL IMPROVEMEN'C I'UND First Quarter Arnendments FY 1995-96 Increase Amendments 315-96518 Chestnut/Brown Demolitions To record the following budget inereuses to establish a project to demolish two structures, as approved by the Commission on 11 /2/95. A budget increase of Special Developrnent Fund revenues A budget increase of water revenues A budget increase of sewer revenues A budget increase �f solid waste revenues A budget increase of recycling revenues A budget increase of stormwater revenues A budget increase af gas revenues Net budget amendment $12,712.14 35,244.33 35,244.32 23,880.00 4,550.00 1,140.00 13.640.00 $126,410.78 315-96632 Sanitary Sewer R& R To record a budget transfer of $53,444.25 of utility R& R revenues from 315-96644, Pump Station 14 Restoration, in order to close the pumg station 14 project which is complete. 40. 315-96634 Sanitary Utility Relocation Accommodation To record the following budget amendments. 41. A budget transfer of sewer revenues to 315-96636, Water Conservation/Reuse Program, to provide additional funding needed to close the project, which is complete ($1,959.75) A budget transfer of sewer tap fees frorn 315-96625, Line Relocation, which is complete and will be closed A budget transfer of utility R& R revenues from 315-96625 A budget transfer of sewer revenues from 315-96625, Line Relocation Net budget amendment � ��t �� 4,954.48 110,404.78 $263,399.51 315-96636 Water Conservation/Reuse Program To record a budget transfer of $1,959.75 sewer revenues from 315-96634, Sanitary Utility Relocation Accommodation, in order to close this project which is complete. 40 ,� I, 42. 43. Cleac-�vater, Tloridu CAPITAI. IlVIPROVEMENT FUND First Quarter Amendments FY 1995-96 Increase Amendments 315-96645 Lubors�tory Upgrade To record a budget transfer of $56,748.96 of sewer tap fees from 315-966?,7, Marshall Street Intercept Sewer Replacement, to close the Marshal Street project. 315-96647 Wastewater Residual (Sludge) Treatment Facility To record a budget transfer of $91.Q0 of sewer revenues from 315-96641, Northeast Engine Generator, to provide additional funding for the purchase of a cleated conveyor. 44. 343/315-96654 AWT F�cilities To record the following budget transfers from 315/343-96641, Northeast Engine Generator to close the generator project which is complete. A budget transfer of sewer bond issue revenues from 343-96641, Northeast Engine Generator A budget transfer of sewer revenues from 315-96641 Net budget arnendment $68,039.61 40,461.00 $108.500.61 45. 315-96804 Recycling Carts/Dumpsters To record a budget increASe of $5,770.00 of recycling revenues representing operating savings, to provide funding for the purchase of blue 90 gallon containers for multi-family cor�plexes. �■ ; � 41 '.� II. Decreuse Amendrnents 1. 315-91118 2. 3. � 5. Clc�rwtitcr, Floridu CAPITAL INiPROVEMCNT FUND First Quarter Amendrnents FY 1995-96 Police Pursuit Vehicles To record the following budget amendments. A budget decrease of General Fund revenues to provide additional funding to Police/Siipport Services General Operations to pay part of the debt service payments for the lease pucchase of !42 Orion mobile radios, as approved by the Cornmission on 9/7/95 A budget transfer of General Fund revenues to 315-94602, Municipal Services/Public Safety & Police Complex in order to close the pursuit vehicles project, which is complete Net budget amendment � ', 111 � 1, 2 2(� 72.39) ($28,272.39? 315-91135 South Greenwood Neighborhood Patrol SubstAtion To record a budget decrease of $60,000.00 of Special Law Enforcement Trust Fund revenues in order to reestablish this project in the Special Program Fund, which accounts for all SLETF funds, as 181-99373, Year 2 South Greenwood Neigt�borhood. 315-92334 Bicycle Paths To record the following budget transfers of infrastructure taxes. A budget transfer to 315-93281, Countryside Community Recreation Center, to provide additional funding for the building construction, as approved by the Commission on 11/2/95 ($202,678.00) A budget transfer to 315-92332, Sidewalk R&R City, to close the bicycle paths project Net b�dget amendment 9( 1•94) ($202,769.94) 315-92336 Mandalay Sidewalks To record a budget transfer of $92,404.60 of infrastructure taxes to 315-92332, Sidewalk R&R City, to close this project which is complete, 315-92403 Stormwater Management Master Plan To record tlie following budget transfers to 315-96103, Stormwater Quality Irnprovernent/Pro�erty Purchases, to provide additional funding for the project, and to complete the closing of 315-92403 now that all encumbrances have been cleared. A budget transfcr of stormwater revenues A Uudgct iransfer of developrnent impact fees Het budge� amendment 42 ($43,514.62) �229y702.85) ($273.217.47) �1� � 7 :. �a 10, 11. 12. 13. 14. Clearwater, Floridn CAPI'TAL IlVIPROV�MENT FUND �irst Quarter Amendments FY 1995-96 Decrease Amendments 315-92404 Unspecified Storm Drainage To record a budget transfer of $16,004.56 of road and drainage improvement millage to 315-96104, Storm Drainage Renewal & Replacement, to close the Unspecified Storm Drainage project, which is complete. 315-92498 Miscetlaneous Ponding To record a budget transfer of $51,415.36 of development impact fees to 315-96103, Stormwater Quality Improvement/Properry Purchases, in order to close the Miscellaneous Ponding project which is complete. 315-92632 Parking Garage Structure Repair To record a budget transfer of $1,018.22 of parking revenues to 315-93486, Beach Guazd Building Renovation, to provide additional funding needed to close the renovation project, which is complete. 31�-93283 Wood Valley Recreation Center Lnprovements To record the following budget transfers of infrastructure taxes in order to close this project, which is complete. A budget transfer to 315-93289, JR Stadium - Phillies Improvements A budget tru�sfer to 315-93294, Crest Lake Park Improvements Net budget amendment ($652.34) 48( 7•03) 1 139.37 315-93468 Sand Key Bridge Replacement To record a budget tra��sfer of $8,104.05 of bridge revenues to 315-93470, Bridges/Docks/Seawalls - R& R, to close the bridge replacement project which is complete. 315-93479 Ciearwater i ass Bridge Monitoring To record a budget transfer of $167,415.18 of bridge revenues to 315-93481, Clearwater Pass Bridge Construction, to close the bridge monitoring project which is complete. 315-93485 Bridge Utility Relocation To record a budget transfer of $100,000.00 of infrastructure taxes to 315-93489, Clearwater Pass Bridge Lights, to establish a project to light the easEern side of the bridge, as approved by the Commission on 1l4/96. 315-93515 Office Automation Upgrade To record a budget decrease of $1,360.00 of lease purchase revenues to close this project, which is complete. 315-93518 Library Security To record a budget transfer of $80.OQ of General Fund revenues to 315-93510, Books/Materials Collection-Main/East, to close this project which is complete. 43 .■ Q I5. Ciearwatcr, Florida CAPITAL IMPROVEMENT I�'UND First Quarter Arnendments FY 1995-96 Decrease Amendments 315-94225 Radio Switch for Police llept. To record the following budget amendments in order to close this general services project which is being reptaced with police project 315-91136, Radio Switch for Police Depaxtment. A budget transfer of lease purchase revenues to 315-91136, Radio Switch for Policc Dept. A budget decre:�se of lease purchase revenues Net budget amendment ($925,000.00) • • 11 11 ' •:� • 11 11 16. 315-94603 l�unicipal Services Complex Technology To record the following budget amendments to reflect the appropriations for [he Municipal Services Technology project, as approved by the Commission on 11/02/95, and then to combine the related funding in this project with the Municipal 5ervices Complex project, 315-94602, and close this project. A budget increase of i.uiappropriated retained earnings of the General Fund to provide funding for telephone, data and TV cabling A budget trinsfer of General Fund revenues from 315-94755, General Ledger Package, to provide funds for new technology and close project 315-94755 A budget transfer of General Fund revenues from 315-94711, Sand Key Power Line to provide funding for new teehnology A budget transfer oi General Fund revenues to 315-94602, Municipal Services/Public Safery & Police Complex to provide funding for teleph�ne, data and TV cabling for the Municipal Services Complex A budget transfer of General Fund revenues to 315-94707, Occ License/Code Enforcement/Permitting Upgrade, to provide funding for the purchase of software and services A budget transfer of General Fund revenues to 315-94740, Enterprise Network - Phase I, to provide funding for the purchase of software and services Net budget amendment $393,893.07 14,992.93 � ��1 �� (789,295.00) . 1�1 11 (145,770.04) ($571,179.04) 17, 315-94735 I�urborview Center Catering Kitchen To record a budget transfer of $150,000.00 of infrasiructure taxes to 315-94717, Karborvicw Center, to consolidate the catering kitchen construction expenditures with the Harborview Center construction project to correspond with the construction contracts, and ro close this prajcct. 44 Cleurwater, Florida C APITAL IMPROVEi�iENT FUIVl) First Quarter Amendments FY 1995-96 II. Decrease Amendments 18. 315-94738 Tetephone System Replacements To record the following budget amendments, as approved by the Commission on12107/95. A budget increase of General Fund revenues from debt scrvice savings of the Police/Support Services/Computer Operations Unit, to provide the City's share of funding for the purchase of a dictaphone recorder for the new telecommunications system $24,428.00 A budget decre�se of lease purchase funding to reduce the lease purchase funding in the project to the approved amount of $978,811.98 �1,221,188.02) Net budget amendment (�1,196,760.02) 19. 315-94755 General Ledger Package To record a budget transfer of $14,992.93 of General Fund revenues to 315-94603, Mwucipal Services Complex Technology, to pr4vide fUnding for telephone, data and TV cabling of the Municipal Services Complex, and close the General Ledger Project, which is cornplete. 20. 315-96101 Allen's Creek Improvements To record a budget transfer of $495,497.00 of infrastructure taxes to 315-96102, Stevenson's Creek Improvements, to close this project. T'he Allen Creek project is dependent on Pinellas County's developrnent of a master plan, which has been indefinitely postponed. 21. 315-�6108 Pollutant Storage Tank Removal To record a budget transfer of $298.23 of parking revenues to �15-93486, Beach Guard Building Renovation, now that the parking portion of this project is cornplete. 22. 341-96303 Pinellas Gas Line Relocation/Public Works To record the following budget transfers of gas bond revenues to 341-96305, Pinellas Gas Building & Equipment Improvements. For the purchase of a vehicle as approved by the Commission on 11/2/95 For adaitional funding for remodeling gas buildings, as approved by the Commission on 9/21 /95 Net budget a�»endment 45 ($17,046.55) (34,969.00) ($52,015.55) II. 23. 24. Clearwater, Florida CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 1995-96 Decrease Amendments 341-96304 Pinellas New Gas Market Development To record the following budget transfers of gas bond revenues to 341-96301, Pinellas New Gas Mains & Services. A budget transfer for installation of new mains & services as approved by the Commission on 10/19/95 A budget transfer for the purchase of steel gas materials as approved by the Commission on 12/7/95 ($367,750.00) (45,590.93) A budget transfer to shift efforts from altemate energy to mains & services due to the change in federal policy which no longer requires use of alternate energy (586,659.00) A budget transfer of bond revenues to 341-96301, Pinellas New Gas Mains & Services, where it is needed Net budget amendment �1 ��1 1� ($1,099,999.93) 315-96355 Hydraulic 'I�ucks To record a budget decrease of $48,590.00 of lease purchase funding to close this project which is no longer needed. 25. 315-96369 Pasco Expansion To record the following budget amendments. A budget decrease of gas bond revenues to offset the total amount of gas revenues loaned to Pasco Expansion projects 315-96320, Pasco Expansion/New Mains & Services, and 315-96322, Pasco Land, Buildings & Equipment. ($3,077,394.39) A budget transfer of future bond revenues to 315-96320, Pasco Land, Buildings & Equipment Net budget amendment i� (718,375.00) ($3,795,769.39) � 26. 27. : 29 � Clcarwater, Florida CAPITAL IMPROVEMENT FU1�1D First Quarter Amendments FY 1995-96 Decrease Amendments 315-96370 Pinellas Phase II New Gas Mains & Services To change the title and scope of this project from Pinellas Expansion to Pinellas Phase II New Gas Mains & Services, and thus divide Pinellas Expansion into three Projects: 315- 96370, 315-96371, Pinellas Phase II Gas Line Relocation, and 315-96372, Pinellas Phase II 5ystem Irnprovements; and to reduce the future bond funding budget by the amount of gas revenue loans approved for the project until bond funds are available. A budget increASe of gas revenues for propane tanks, as approved by the Comrnission on 1/4/96 A budget increuse of gas revenues for installation of rnains & service, as approved by the Commission on 1!4l96 A budget decrease of gas bond revenues Net budget amendment $20,055.00 274,230.00 (924,285.00) ', • 1 111 1/ 315-96428 New Facility To record a budget transfer of $31,092,52 of solid waste revenues to 315-96436, Solid Waste Complex, to close the New Facility project which is complete. 315-96437 O!d Solid ti'Vsisste Site Work To record a budget transfer of $18,583.78 of solid waste revenues to 315-96424, Mini Transfer Station, ta close this project which is comnlete. 315-96517 GeneratorlSewer L.S(Motor To record a budget decrease of $6,107.00 of lease purchase funding to close this project which is compiete. 315-96625 Line Relocation To record the following budget amendments in anticipation of closing this project which is complete, A budget increase of Florida Dept. of Transportation revenues representing reimbursement for relocating the main on State Road 55, to rnatch budgeted revenues with actual revenues received A budget transfer of sewer tap fees to 315-96634, Sanitary Utility Relocation Accommodation A budget tr<�u-isfer of utility R& R revenues to 315-96634 A budget transfer of sewer revenues to 315-96634 Net b�adget arnendment 47 80,706.00 ($150,000.00) (4,954.48) (110,404.78) ($184,653.26) � 31. 32. 33 34. Clearwater, Ftorida CAPITAL IlViPROVEMENT FUND First Quarter Amendments FY 1995-9b Decrease Amendments 315-96637 Marshall Street Intercept Sewer Replac. To record a budget transfer of $56,748.96 of sewer tap fces ta 315-96645, Laboratory Upgrade, in anticipation of closing this project which will be cornplete when all encumbrances have cleared. 315/343-96641 Northeast Engine Generator To record the following budget transfers to close tl�is project which is complete. A budget transfer of sewer bond revenues to 343-96654, AWT Facilities A budget transfer of sewer revenues to 315-96654, AWT i'acilities A budget transfer of sewer revenues to 315-96647, Wastewater Residual (Sludge) Treatment Facility Net budget amendment ($68,039.61) (40,461.00) 91.00 ($108,591.61) 315-96644 Pump Station 14 Restoration To record a budget transfer of $53,444.25 of utility R& R revenues to 315-96632, Sanitary Sewer R& R, to close this project which is complete. 315-96656 Vac-Con Sewer Cieaner T'o record a budget transfer of $150,000.00 of lease purchase revenues to 315-96112, Vac- Con Sewer Cleaner, to establish a new stormwater project for the purchase of a sewer cleaner, and to close this sewer system project, which has been reclassified. 35. 315-96805 Recycling Grant To record the following budget arnendments. A budget transfer of recycling revenues to 315-96433, Recycling Program, in order to replace solid waste revenues in the project with recycling revenues A budget increase of recycling revenues representing recycling grant revenues in order to match budgeted revenues with actual expected revenues Net budget amendment r.; ($95,227.86) 8,140.00 �',: 1: :� Cleurwater, Florida CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 1995-96 III. Mcrnorandum Arnendments 1. 315-94604 Field Enginecring Building The title of this project has been changed from Traffic Computer Relocation, and the scope of the project is being changed to construct a new building for traffic operations, which is currently housed in the annex building and will be displaced when the building is vacated in conjunction with the building of the Municipal Services Building. 2, 315-94705 Financial Systern Upgrade The following changcs in funding were approved by the Comrnission on 11/02/95 in order to provide the proportions of cash and lease purchase funding needed in the approved � contract with PeopteSoft. 3. 4. A budget transfer of Adrninistrative Services revenues to 315-94722, Payroll/Human Resource System A budgetincrease oflease purchase revenues Net budget arnendment ($40,320.00} 40, 320.00 � 315-94722 Payroll/Human Resource System The following changes in funding were approved by the Commission on 11/02/95 in order to provide the proportions of cash and lease purchase f�nding needed in the approved contract with PeopleSoft. A budget transfer of Administrative Services revenue from 315-94705, Financial System Upgrade A budget increase of unappropriated retained earnings of the General Fund A budget decrease of lease purchase revenue Net budget amendment $40,320.00 25,932.00 66,252.00 � 315-96433 Recycling Program To record the following budget transfers in order to appropriate recycling revenues to replace solid waste revenues to fund the recycling expenditures incurred, and to close this project which is complete. A budget transfer of solid waste revenues to 315-96436, Solid Waste Complex A buciget transfer of solid waste revenues to 315-96429, Commercial Container Acquisition A budget tratisfer of recycling revenues from 315-96805, Recycling Grant Nct budget amendment .. ($35,227.86) (60,000.00) 95.2?7.86 � �: Cleurwutcr, Florida CAPITAL Il1�IIPROVEMENT FUND First Quarter Amendments FY 1995-96 III. Memorandum Amendments 5. 315-96650 Sludge Farm Sale This project is complete and is being closed. 6. 315-96651 Durnp Truck - Water Poliution Control This project is complete and is being closed. SO CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMM�RY FIF�ST QUARTER: OCTOBER 1, 1995 - DECEMBER 31, 1995 Actual Expenditures Budget Revised Project Open Available Amend Description 10/1/95 Amdmts Budget To Date Encumbr Balance Status Ref PUBLIC SAFETY Police Protection 91118 Police Pursuit Vehicles 91125 Computer Consultant Study 91127 Police Computer Networfc 91133 Police Target System 91134 Beach Dist Substa Reno 91135 S Grnwd Nbr Patrol 91136 Radio Switch for Folice Sub-Total �ire Protection 91115 Emergency Operations Ctr 91213 Fire Apparatus Refurbish 91218 Fire Engine Replacement 91219 EMS Capital Equipment Sub-Total TRANSPORTA710N New Street Construction 92140 Highland Avenue Widening 92141 D�ew Street Widening 92143 Hampton Road 92145 Landmark Dr Extension Sub-Total Major Street Maintenance 92256 St�eet Resurfacing 92258 Paving Unpaved Streets Sub-Total Sidewalks and Bike Trail 92330 Sidewalk Construc-Gen 92332 Sidewalk R&R City 92334 Bicycle Paths 92336 Mandalay Sidewalks Sub-Total Storm Drainage 92403 Stormwater Mgrnt Master Pla 92404 Unspecified Storm Drainage 92416 Cleveland SUArcturas 92498 Misc Ponding Sub-Total 196,669 184,665 3,335,000 30,000 325,�00 60,000 0 4,131,334 361,693 185,250 325, 000 885, 073 1,757,016 -28,272 -60, 000 925,000 836�728 32,008 32,008 5,431,305 1,750,000 1,022,400 1,000,000 9,203,705 0 8,984,632 200,000 9,184,632 815,201 729,630 330,000 125,000 1,999�831 743, 515 87,914 400,772 162,969 1,395,17"J 0 168,397 168,397 0 0 C 184,665 163,767 14,898 6,000 3,335,000 958,985 2,376,015 0 30,000 0 0 30,000 325;000 0 0 325,000 0 0 0 0 C 925,000 0 0 925,000 4,968,062 1,291,149 2,390,913 1,286,000 393,701 239,653 21,887 132,161 185,250 104,659 8,800 71,791 325,000 0 0 325,000 885,073 796,997 � 0 88,076 1,789,024 1,141,309 30,687 617,028 5,431,305 1,047,932 23,321 1,750,000 698,221 924,687 1,022,400 322,814 374,860 1,Op0,00G A 0 9,203,T05 2,068,967 1,322�868 8,984,632 6,346,616 258,243 200,000 37,840 0 9,184,632 6,384,456 258,243 815,201 578,635 61,075 92,497 822,127 447,970 54,658 -202,770 127,230 127,230 0 -92,405 32,595 32,595 0 -202, 678 1,797,153 1,186,430 115,733 -273, 218 -16,005 -51, 415 -340,638 470,297 71,909 400,772 111,554 1,054,532 S1 470,297 71,909 399,242 111,554 1,053,002 0 0 1,531 0 1,531 4,360,Q52 127,092 324,726 1,000,000 5,811,870 II-1 I I-2 I-2 I-1 2,379,773 162,160 2,541,933 175,491 319,499 I-3 0 C II-3 0 C II-4 49a,990 0 C II-5 0 C II-6 -1 0 C II-7 -1 CAPITAL IMPROVEMENT PROGRAM PROGRAM $ STATUS SUMMARY FlRST t�UARTER: OCTOBER 1,1995 - DECEMBER 31, 1995 Actu�l Expenditures Budget Revised Project Open Available Amend Description 10/1/95 Amndmt Budget To Date Encumbr Balance Status Ref TRANSPORTATION (CONTINUED) intersections 92551 City-Wide Intersection Imprv 461,778 92552 Signal Renovation 366,148 92553 New Signal Installation 430,188 92555 Intersection Irnprovements 1,704,322 92556 ADA Intersect Improvements 800,000 Sub-Total 3,762,436 Parking 92612 Street Light Equipment 92630 Parking Lot Resurfacing 92632 Pkng Garage Structure Rpr Sub-Total Miscellaneous Engineering 92816 N Greenwood Business Area 92820 Memorial Causeway Br Repl 92821 Traffic Eng Fork Lift 92822 Miscellaneous Engineering Su b-Total LEISURE Land Acquisition 93124 CSX Station Property Sub-Total 93202 93203 93204 93205 93229 93230 93249 93262 93263 93269 93281 93282 93283 93285 93286 93288 93289 93290 93292 93293 93294 93295 93296 93297 93298 Park Development Carpenter Fld Club Hse MLK Restroorn 8 Lobby Concrete Sidewalk & Pad Countryside Rec Ctr Furnish Tennis Court Resurfacing Playground Equip Repl/New New Parking Lots Fencing Replacement progr Clwr Bch Recreation Comple Light Replacement Countryside Recreation Ctr Sand Key City Park Wood Valley Rec Ctr Impr Jack Russell Stadium Improv Parking Lot Resurfacing Big Pier 60 Park JR Stadium-Phillies Improv JR Stadium-ADA Improv SoulP Road Pa�{c Norton Prk Restroom/Stor Crest Lake Park Improv Lake Chautauqua Park Cltan�vater Beach Pool Bayshore Park Picnic Shelters Sub•Total � 461,778 366,148 430,188 1, 704,322 800,000 3,762,436 355,554 198,976 105,383 105,971 289,302 1,055,186 0 13,059 19,800 0 17,460 50,319 106,224 154,113 305,005 1,598,351 493,238 2,656,931 15,000 15,000 14,102 0 898 428,124 428,124 255,794 4,655 167,675 195,750 -1,018 194,732 67,471 6,955 120,306 638,874 -1�018 637,856 337,367 11,610 288,879 300,000 1,510,000 860,000 25,000 0 25,000 1,835,000 885,009 150,000 150,000 0 60,000 80,000 25,000 0 115,357 306, 530 64,685 115,000 648,641 447,596 1,477,219 0 62,035 492,392 67,000 400,000 200,0�0 400,000 250,000 37,000 59,600 260,000 300,000 30,000 30,000 5,928,055 100,000 102,678 300,000 -1,140 1,176,733 653 487 1,679,411 300,000 239,427 0 2,370,000 133,477 0 25,0�0 0 0 25,000 0 0 2,710,000 372,904 0 150,000 0 0 150,0�0 0 0 60,000 80,OQ0 25,000 100,000 115,357 306,530 64,685 115,OQ0 648,641 447,596 1,579,897 300,000 60,895 492,392 67,000 1,576,733 200,653 400,000 250,000 37,000 60,087 260,000 30D,000 3D,000 30,OOa 7,60T,466 52 0 0 0 0 90,357 255,919 20,248 92,408 644,531 340,290 92,105 0 60,895 447,835 22,327 50,383 115,998 240,610 0 0 21,017 545 0 0 0 2,495,468 26,500 0 0 0 0 43,548 0 20,018 3,450 61,952 1,399,678 0 0 0 0 177,104 85,186 135,086 0 23,558 37,556 9, 563 0 0 0 2,023,199 60, 573 2,236,523 25,000 25, 000 2,347,096 150, 000 150,000 33, 500 80, 000 25,000 100, 000 25,00� 7,063 44,437 2, 574 660 45,354 88,114 300,000 0 44,557 44,673 1, 349, 246 -531 24,304 250,000 13,442 1,514 249,892 300, 000 30,000 30, 000 3,088,799 � I-4 I-5 � I-7 l-8 C II-9 I-9 I-10 I-11 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FiRST QU�.i�TER: OCTOBER 1, 1995 - DECEMBER 31, 1995 Actuai Expenditures Budget Revised Project Open Available Amend Description 10/1/95 Amndmt Budget To Date Encumbr Balance Status Ref LEISURE (CONTINUED) Beautification 83316 Bayfront Paric Renovations Sub-Totai 93413 93429 93436 93443 93468 93469 93470 93479 93480 93481 93485 93486 93487 93489 93510 93515 93518 93519 Marine Facilities Utilities/Svcs Replace Dock Replacement & Repair Waterway Maintenance Seminole St Boatramp Drdg Sand Key Bridge Replacemt Sand Key Bridge R&R '89 Bridge/Docks/Seawal Is-R� R Clw Pass Bridge Monitoring Marina Sidewalk Replacemt Clw Pass Bridge Construct Bridge Utility Relocation Beach Gua�d Bldg Renov Fishing Pier/Mem Causeway Clwtr Pass BricJge Lights Sub Total Libraries Boaks/MaYls Coll-Main/East Office Automation Upgrade Library Security North Greenwaod Par{cing Sub Total 318,925 318,925 195,411 103,740 108,941 2d6,363 1,0$5,321 1,544,000 389,500 359,980 220,383 2,339,166 1,900,000 108,755 156,031 0 8,717,591 4,355,819 20,280 65000 60,000 4,501,099 318,925 8,913 0 0 318,925 8,913 0 195,411 174,974 0 103,740 91,172 2,619 108,941 107,773 0 206,363 200,018 149 -8,104 1,077,217 1,070,125 7,091 1,544,000 1,469,193 35,2�6 8,104 397,604 112,572 21,581 -167,415 192,565 192,565 0 220,383 159,112 1,226 128,115 2,467,281 2,438,972 2$,270 -100,000 1,800,000 1,756,489 32,414 1,316 110,071 110, 071 0 156,031 131,235 20,224 100,000 100,000 0 0 -37,984 8,679,607 8,014,2T1 148,780 310,012 310,012 20,437 9,949 1,168 6,196 1 C II-1� 39,601 263,451 I-12 0 C (I-11 60,045 39 I-13 11,097 II-12 0 C I-14 4, 572 100,000 (-15 516,556 80 4,355,899 3,749,664 99,104 507,131 I-16 -1,360 18,920 18920 0 0 C II-13 -80 64,920 64920 0 0 C II-14 60,000 0 0 60,000 -1,360 4,499,739 3,833,504 99,104 567,131 GENERAL PUBLIC BU{LD{NGS 8 EQUIPMENT Garage 94210 Tire/Fuel Facility 486,167 94220 Fuel Site Enhancement 51,968 94221 Motorized Equip -UP 6,967,200 94222 Motorized Equip -Cash 742,755 94223 Garage Technology Upgrade 314,301 94224 Police Mobite Radios 446,450 94225 Radio Switch for Police 984,400 -984,400 Sub-Total 9,993,241 -984,400 City Hall Annex 94416 Annex Property Developmt 100,000 Sub-Total 100,000 0 486,167 51,968 6,967,200 742,755 314,301 446,450 0 9,008,841 100,000 100,000 53 4,5Q� 32, 672 4,913,390 247,126 0 446,446 0 5,644,134 66,578 66,578 0 0 671,292 0 0 0 0 67'9,292 aoo aoo 481,667 19,296 1,382,518 495,629 314,301 4 0 2,693,415 33,022 33,022 C II-15 CAPlTAL IMPRC?VEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 1995 - DECEMBER 31, 1995 Actual Expenditures Budget Revised Project npen Available Amend Description 1 Q/1195 Amndrnt Budget To Date Encurnbr Balance Status* Ref GENERAL PUBLIC BUILDINGS & EQUIPMENT (CONTINUED) Buiiding Maintenance 94509 Roof Replacements 952,325 952,325 755,933 94510 Air Cond Replace-City Wide 5A0,353 540,353 223,525 94512 Roof Repairs 383,903 383,903 349.910 94513 Bldg & Maint Facility 250,UQ0 250,000 182,294 Sub-Total 2,126,581 0 2,126,581 1,5'11,662 94602 94603 94604 94702 94705 94707 94711 94712 94713 94714 94717 94721 94722 94725 94727 94728 94729 94730 94731 94732 94733 94734 94735 94736 94737 94738 94739 94740 94741 94742 94743 94744 94745 94746 94747 94748 94752 94755 City Halt Mun Svcs/P Safety 8� Police Mun Svcs Complex Tech Field Engineering Building Sub-Total Miscellaneous ADA Transition Plan Atpha Cornp-Hr FinlPyr Cen Perm/Comm Respse Sy Sand Key Power �ine Engineering Network Airpark Master Plan Downtown Redevelopment Harborview Center 1Ciosk Equiprnent Payroll/Human Resource Sy Graphics Communication Sy East Shore Development Tourist Center Renovations Ent Network/WAN Connect Utility System Upgrade Utility Printer Replacemt N Flexicart Unit Vtal Records Microfilm Harborview Center F F& E H'view Catering Kitchen Geographic Information Inform Svcs UPS Systern Telephone System Replac Pk & Rec Wavelan Enterprise Network-Phs I Auto Time Recording Sys Utility Bill Inserter N Studio/Mun Svc Apple Tech Bldg Canver District Parking Plan Chamber of Commerce Pr Atrium Apartrnents Pur Chicago Prornotion Air Park Facilities Genera{ Ledger Package Sub•Total 19,423,803 571,179 398,801 20,393,783 658,743 195,000 168,000 20,000 84,010 718,792 974,404 10,643,610 44,100 385,000 26,62� 100,000 11,720 90, 000 190, 000 40,000 135, 858 100,000 496,406 150, 000 125,000 25,000 2,200,000 36,000 878, 880 125, 000 81,000 130, 000 40,000 100,000 0 0 0 862,151 516, 560 2�,351,854 791,567 -571,179 220,388 65, 000 1,078,000 150, 000 -150,000 -1,196,760 145,770 305,250 155,000 -14,993 537,267 23,690 11,360 0 0 35,OS0 172, 702 305,468 33, 993 67, 706 579,869 20,215,370 7,021,295 11,760,194 1,433,881 I-17 0 0 0 0 C II-16 398,801 0 1,G29 397,172 I I I-1 20,614,171 7,021,295 11,761,823 1,831,053 658,743 195,000 233,000 1,098,04� 84,010 718,792 974,404 10,793,610 44�,100 385,000 26,620 100,000 11,720 90,000 190,000 ao,000 135,858 100,000 496,406 0 125,000 25,000 1,003,240 36,000 1,024,650 125,000 81,000 130,000 40,000 100,000 305,250 0 155,000 862,151 501,567 20,889,121 54 538, 358 15, 639 11,825 13,091 72,191 9,830 137049 7,585,141 7500 129259 0 0 1,474 0 38, 348 39,380 135,858 13,661 96,586 0 0 0 0 0 2,328 0 0 0 0 0 297,002 0 0 726,948 501,567 10,3T3,035 10,137 167,893 0 0 0 0 0 2, 382,649 36600 118905 0 0 0 0 0 0 0 419 224,472 0 0 0 1,002,760 0 0 0 0 0 0 0 4,500 2,400 0 0 0 3,950,735 110,248 11,468 221,�75 1,084,909 11,819 708,962 837, 355 825,820 0 136,836 26,620 100,000 10,246 90,000 . 151,652 620 0 85,920 175,348 0 125,000 25,000 480 36,000 1,022,322 125,000 81,000 130,000 40,000 100,000 3,748 -2,400 155,000 135,203 0 6,565,351 III-2 I-18 I-19 1-20 III-3 C II-17 II-18 I-21 I-22 I-23 C II-19 CAPITAL IMPR4VEMENT PROGRAM PROGRAM � STATUS SUMMA►RY FIRST QUAR?ER: OCTOBER 1, 1995 - DECEMBER 31,1995 Actual Expenditures Budget Revised Project Open Available Arnend Description 10/1/95 Amndmt Budget To Date Encumbr Balance Status* Ref UTILITlES Stormwater Utflity 96101 Allen's Crk Improv 96102 Stevenson's Cr1c improv 96103 Stmwtr Quality ImprvlProp 96104 Storm Drainage R 8� R 96105 Nabitat RestoNlmprovemts 96108 Pollutant Strge Tank Remv 961Q9 Downtown Lake 9611 1 Groundwater Quality Pr 96112 Vac-Con Sewer Cleaner Sub-Total 96703 96704 96705 96746 96707 96721 96722 96729 96736 96737 96739 96740 96625 96629 96630 96631 96632 96633 96634 Water System Sysiem R & R-Capitatized Line Relocation-Capitaliz Mtr/Bckflow Prev Dev Chng System Expansion Main Construction-Bond System R & R-Maintenance Line Relocatio�-Maint Engineering Fees Various 7elemetry Sys Repl Phs II Hydrogeological Study Effluent Wtr Dist-P&R Water Supply/Treatment Sub-Total Sewer System Line Relocation Lift Station R&R Sanitary Sewer Ext WPC R&R Sanitary Sewer R&R S. Sanitary Sewr Intercep San Util Reloc Accomodatio 500,000 5,091,751 2,415,668 3, 565,154 653,090 723,641 17,100,000 350,000 0 30,399,304 3,483,839 4, 268,495 1,031,848 1, 574,034 13,368,059 615,149 395,000 71,000 'I 35,545 272,470 175,000 1,195,109 26,585,548 821,532 1,071,676 702,002 1,386,685 10,053,819 1,579,700 1,625,000 -495,497 509,158 324,633 16,005 -298 130,000 159,770 643,771 n � -184,653 53,444 263,400 4,503 5,600,909 2,740,301 3,581,159 653,090 723,343 17,230,000 350,000 159,770 31,043,075 3,483,839 4,268,495 1,031,848 1,574,034 13,368,059 615,149 395,000 71,000 135,545 272,470 175,006 1,195,109 26,585,548 636,879 1,071,676 702,002 1,386,685 10,107,263 1,579,700 1,888,400 55 4,503 1,026,008 615,943 1,789,103 41,185 144,059 44,030 0 0 3,664,831 2,619,058 1, 784,746 843,283 1,398,468 11, 350,542 445,952 37,0z7 52,726 119,694 134,075 5579 0 18}791,150 607,276 758,701 180,593 925,214 3,283,773 1,427,812 80,026 0 70,327 853,423 1,093,199 72,950 6,850 94,142 26,828 0 2,217,719 128,026 564,725 0 3,809 0 19,921 69,547 0 0 119,440 5800 11,431 925,699 29,602 35,594 177,251 18,418 633,520 1, 289 144,647 0 4,504,874 1,270,935 698, 857 538, 955 572,434 17,091,828 323,172 159,770 25,160,525 736, 755 1,919,024 188, 565 171,757 2,017,517 149,276 288,426 18,274 15, 851 18, 955 160,621 1,183,678 6,868,699 1 277, 381 344,158 443, 053 6,189,970 150, 599 1,663,727 C II-20 I-24 I-25 i-26 II-21 I-27 I-28 I I-30 I-39 I-40 CAPITAL IMPROVEMENT PROGRAM PROGRAM 8� STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 1995 - DECEMBER 31, 1995 96636 96637 86641 96644 96645 96647 96650 96651 96652 96653 96654 96655 96656 96301 96302 96303 96304 96305 96320 96322 96353 96354 96355 96358 96363 96364 96365 96366 96367 96368 96369 96370 96371 Actual Expenditures Budget Revised Project Open Available Amend Description 10/1195 Amndmt Budget To Date Encumbr Balance Status"` Ref UTlLITIES (CONTINUED) SewerSystem ( Continued) Water ConservationlReuse Marshall St Interceptor Northeast Engine Generator Pump Station #14 Restoratio Laboratory Upgrade Residual Treatment Facility Sludge Farm Sale Dump Truck-WPC Morton Plant Pump Station WPC Computer Upgrade AV1R Facilities WPC Pre-Treatment Prag Vac-Con Sewer Cleaner Sub-Total Gas Systern Pin New Gas Mains 8� Svc Pinellas Gas Sys Irnproveme Pin Gas Line ReUPublic Wor Pin New Gas Market Develo Pin Gas Bldg & Equip Impro Pasco ExplNew Mains 8� Sv Pasc� Land, Bldg 8 Equip Gas Heat Pumps Gas Marketing Plan Hydraulic Trucks Environmental Gas Project Gas Inv Control/Fin Report S Systern R&R-Capitalized Line Relocation-Maint Systern R&R-Maintenance Gas Meter Change Out Manufac Gas Plant Reme Pasco Expansion Pin Ph II New Gas Mains Pin Fh II Gas line Reloc Su b-Total 274,287 3,755,409 1,133, 634 278,000 200,�00 5,113,584 77,712 68,499 1,170,000 110,70� 313,383 60,000 150,000 29,945,622 3,667,522 700,000 726,502 1,300,000 633,498 1,010,354 283,850 60,000 87,600 48,590 157,335 73,142 255,362 141,089 156,683 35,000 150,000 6,140,000 1,720,000 0 17,346,527 1,959 -56,749 -108,592 -53,444 56,749 91 108,501 -150,000 -69,294 1,151,249 -52,016 -1,100,000 274,016 2,403,669 97,896 -48,590 25,004 -3,795,769 -630,000 630,000 -1,044,541 276,246 3,698,660 1,025,042 224,556 256,749 5,113,675 77,712 68,499 1,170,000 110,700 421,884 60,000 0 29,876,328 276, 246 3,698,223 1,025,042 224, 556 161,662 5,106,415 77,712 68,499 0 65,604 24,301 0 0 17,991,655 0 437 0 0 9,374 0 0 0 0 17,277 0 0 Q 1,067,409 0 0 0 0 85,713 7,260 0 0 1,170,000 27,819 397,583 60,0�0 0 10,817,264 C i-41 I I-31 C II-32 C II-33 �-a2 I-43 C III-5 C III-G I-44 C II-34 4,818,771 2,972,235 653,416 1,193,120 I-29 700,000 270,303 218,791 210,906 674,486 321,131 114,628 238,727 II-22 200,000 53,451 0 146,549 II-23 907,514 681,012 72,323 154,179 I-30 3,414,023 257,871 710,261 2,445,891 I-31 381,746 305,469 13,747 62,530 I-32 60,000 0 0 60,000 87,600 20,631 7,869 59,100 0 0 0 0 C II-24 157,335 96,381 58,555 2,399 73,142 15,175 18,000 39,967 255,362 14,930 2,380 238,052 141,089 0 19,432 121,657 181,687 87,015 0 94,672 (I-33 35,000 0 0 35,000 150,000 0 0 150,000 2,344,231 0 0 2,344,231 II-25 1,090,000 0 0 1,090,000 I I-26 630,000 0 0 630,000 I-34 16,301,986 5,095,604 1,889,402 9,316,980 S6 CAPITAL IMPROVEMENT PROGRAM PROGRAM � STATUS SUMMARY FIRST QUARTER: OCTOBER 1,1995 - DECEMBER 31,1995 Actual Expenditures Budget Revised Project Open Availabie Amend Description 34973 Amndmt Budget To Date Encumbr Balance Status Ref UTILITIES (Continued) Solid Waste 96424 Mini Transfer Station 96426 Faciliry R & R 96427 Residential Container Acq 96428 New Facility 96429 Commercial Container Acq 96433 Recyciing Pragram 96435 Tsf Station Fuel Tank Rpl 96436 Solid Waste Complex 96437 Oid Soiid Waste Site Work 96438 Rotl-Off Cont Hauling Sub-Total Utllity Miscellaneous 96515 Reproduction Mach Replace 96516 Citywide Aerial Photo 96517 GeneratorlSewer LSIMotor S 96518 Chestnut/Brown Demo Sub-Total Recycling 96801 Recycling Vehicles 96802 Recycl Bldg/Process Ramp 9fi804 Recycl9ng CartslDumpsters 96805 Recycling Grant Sub-Total TOTAL ALL PROJECTS 393,695 572,152 1,548,996 1,034,000 1, 534,567 1,080,169 80,000 1,709,474 125,000 95,000 8�173,053 18,584 -31,093 60,000 66,320 -18,584 95,22T 412,279 572,152 1,548,996 1,002,907 1,594, 567 9 ,080,169 80, 000 1,775,794 106,416 95,000 8,268,280 64,981 330,223 1,277,366 1,002,907 1,336,462 1,077,316 9,112 1,690,798 106,4 � 6 0 6,895,581 0 347,298 I-35 0 241,92� 1,798 269,832 0 0 C II-27 3,736 254,369 I-36 1,853 1,000 I11-4 0 70,888 0 84,996 I-37 0 0 C II-28 0 95,000 7,387 1,365,312 31,000 31,000 23,066 0 7,934 33,000 33,000 5,948 6,992 20,060 38,000 -6,107 31,893 31,893 0 0 C II-29 0 126,411 126,411 350 119826 6,235 I-36 102,000 120,304 222,304 61,257 126,818 34,229 227,640 175,000 471,755 498,536 1,372,931 5,770 -87,088 -81,318 220,414,112 2,286,873 227,6h0 175,000 477,525 411,448 1,291�613 0 149,685 106,458 86,99� 343�141 222,700,985 106,702,849 57 163,000 0 0 12,468 175,468 64,640 25,315 371,067 311,982 773,004 29,282,189 86,715,947 V-45 II-35 � � ► i � � I. l. 2. 3. � 5. � f17 E:�I � 10. Cleuc-water, Florida SPECIAL PROGRAM FUND First Quarter Arnendments FY 1995-96 Increase Amendments 181-99317 Police Education Program To record a budget inerease of $12,975.35 in Police Education-Fines to match budgeted revenues with actual revenues received. 181-99329 Investigative Recovery Costs To record a budget ineres�.se of $6,044.41 in Court Proceeds to match budgeted revenues with actual revenues received. 181-99330 Floridu Contraband ForFeiture To record the following increases to the Florida Contraband Forfeiture project: Budget increase in courc proceeds Budget increase of FY 1995 interest earnings I�tet Budget Amendment $106,426.36 14,810.17 $121,236.53 181-99332 Officer Fric�dly Program To recor� a budget increase of $6, 328.00 in donations to match budgeted revenues with actual revenues re�eived. 1 S 1-99333 Bicycle Jarnboree To record a buaget inerease of $950.0(} in donations to rnatch budgeted revenues with actual revenues received. 181-49356 Greenwood Gardens Youth Prograrn To record a total budget transfer of $21,943.00 from 181-99331 and a budget inerease of $22,943.00 in Court Proceeds to match budgeted revenues with actual revenues received. 1$1-99363 DUIEquipmentFund To recard a budget increase of $1,500.00 in donations to match budgeted revenues with actual revenues received, 181-99370 N Grcenwood NP Kids To record a budget increasc of General Fund revenues of $3,803.31 approved by the Coinmission with the approval of the 1995/96 Social Service grants. 181-99371 Community Action Team To record a budget inerease of $450,Q0 in donations to match budgeted revenues with actual revenues received, 181-99372 Tntcrgenerational Ga�ant To record a budget increase of $15,000 in grants revenucs frorn the Juvenile Welfare Board. 58 Clearwater, Florida SPECI�I. PROGRAM FUND First Quarter Amendments FY I995-96 I. Increase Amendments 11. 181-99373 Yr 2 S Greenwood Neighborhofld Patrol To record a budget increase of $60,000 representing SLFEF funds for the South Greenwood Neighborhood Patrol 5ubstation. 12. 181-99492 Housing Rehabilitation '96 To record a budget inerease of $60,000 of CDBG funds to match the Commission approved (10/20/94) budget appropriation from Community Development Block Grant (CDBG). 13, 181-99538 Affordable Housing Impact Fees To record a total budget increase of $26,424.29 consisting of $22,159.50 in rental fees and $4,264.79 in FY 1994/9S interest earnings to match budgeted revenues with actual revenues received. 14. 181-99598 Challenge Loan Guarantee To record a budget increase of $3,945.79 in FY 1994/95 interest earnings to match budgeted revenues with actual revenues received. 15. 181-99599 Infill Housing Developmen4 P'rograrn To record a budget increase of $10,929.80 in FY 1 Q94/95 interest earnings to match budgeted revenues with actual revenues received. 16. 181-99704 Sembler Mitigation Project To record a budget increase of $19,063.98 in FY 1994/95 interest earnings. 17. 181-99903 FROG Reissue Program To record a budget inerease of $10.00 in Sales to match budgeted revenues with actual revenues received. 18. 181-99908 Police - Outside Duty To record a budget inerease of $3,190.00 of Contractual Service Fees to mateh budgeted revenues with actual revenues received, 19. 181-99909 CRA Downtown Beauti�cation To record a total budget increase of $941.12 consisting of $300.00 in donations and $641.12 in FY 1994/95 interest earnings. Budgeted revenues will match actual revenues received. 20. 181-9991� Library Speciul Account To record a buclget increase of $3,409.08 in Donations to match budgeted revenues with actual revenues received. 21. 181-99919 Waste Tirc Grant To record a budget increase in gr�nt fund"u�g of $72,390.00 frocn the Florida Department of Environmental Protection. 59 ;■ Clcarwutcr, Florida SPECIAL PROGRAM FUND First Quarter Amendmznts FY 1995-96 I. Increase Amendments 22. 181-99941 Moccasin Lake Nature Purk To record a budget increase of $1,424.19 in Sales and $250.72 in Donations for a net increasc of $1,674.91 to rnatch budgeted revenues with actual revenues received. 23. 181-99962 Parks and Recreation Gift Giving Program To record a total budget increase of $36,728.04 in Donations to match budgeted with actual revenues received, 24. 181-99970 Tree Replacement Project ` To record a budget increase of $3,192 in Court Proceeds to match budgeted with actual � � revenues received. � 25. 181-99993 Sailing Center ponations To record a budget increase of $2,394.00 in Donations to match budgeted revenues with actual revenues received. 2G. 181-99998 Fire Department Donations Fund To record a budget inerease of $E�2.30 in Donations to match budgeted revenues with actual revenues received, II. Decrease Arnendments 1. 181-99331 Law Enforcement Trust Fund To record the transfer of $21,943 to project 315-99356, Greenwood/Gardens Youth Program. .� CITY OF CLEARWATER SPECIAL PROGRQM STATUS SUMMARY FIRST QUARTER: OCTOBER 1,1995 - DECEMB�R 31, 1995 Actual Expenditures Budget Revised Project Open Available Amend pescription 10/1/96 Amendment Budget To Date Encumbr Balance Status Ref PLANNING PROGRAMS 99128 Countywide Consistency Grant 99129 Sign Amortization Program 99130 Mapping Setvices - PPC 99133 Concurrency Review Funds Sub-Total 99317 99320 99325 99329 99330 99331 99332 99333 99356 99361 99363 99364 99366 99367 99368 99369 99370 99371 993i2 99373 99489 99464 99466 99471 99475 99478 99481 99482 99483 99484 99485 99486 99487 99488 99490 99491 99492 99493 99494 99495 99496 PUBLIC SAFETY PROGRAMS Police Education Fund Victim Assistance Program Citizen's Police Academy Investigative Recovery Costs FL Contraband Forteiture Fnd Law Enforcement Trust Fd '91 O�cer Friendly Prograrn Bicycle Jarnboree Greenwood/Gardens Youth Pro Pub Hsg Drug Elimination DUI Equipment Fund Crime Prevention Prog�am S Greenwood Neighborhd Patrl COPS-Phase 1-Yr 1 Vehicle Theft Prevention Condon Family Inv Ctr N Greenwood NP Kids Community Action Team Intergenerational Grant Yr 2 S Greenwood Neighborhoo Americops - Project Nucops Sub-Totat COMMUNITY DEVELOPMENT Public Fac & Improv '93 Infill Housing Developmt'93 Public Fac & Improv '94 Property Acquisition '94 Property Demolition'94 Public Services '95 Pubtic Facilities '95 Housing Rehabilitation '95 Temp Housing Relocation '95 Subrecipiant Infill Hsing'95 Special Economic Dev'95 Program Administration '95 Code Enforcement'95 Code Enforcement '96 Economic Developmenf '96 Housing Rehabilitation'96 Infill Housing '96 Public Facilities'96 Public Services'96 Program Administration Sub-Total 52,500 305,834 3,000 317,720 679,054 562,813 197 18,500 67,161 149,540 979,188 45,328 4,296 47,430 227,290 3,000 630 250,035 526,555 34,669 15,000 0 0 0 0 43,439 2,975,071 10,437 1 Q6,394 49,235 104,589 30,000 163,031 329,794 165,632 10,000 809,430 191, 826 221,600 217,000 175,d00 224,064 180,340 76,415 271,500 150,673 217,000 3,743,960 52,500 24,575 3424 24,501 305, 834 261,122 0 44, 712 3,000 0 0 3,000 317,720 260,484 0 57,236 0 679,054 546,181 3,424 129,449 12,975 6,044 121,237 -21, 943 6,328 950 44,886 1, 500 3,803 450 15, 000 60, 000 251,231 .� ��� 60,000 61 575,788 197 18, 500 73,205 270,777 957, 245 51,656 5,246 92,316 227,290 4, 500 630 250,035 526, 555 34,669 15,000 3,8�3 45� 15,000 60,000 43,439 3,226,302 10,437 146,394 49,235 104, 589 30,000 163,031 329,794 165,632 10,000 809,430 191,826 221,600 217,000 175,000 224,064 240,340 76,415 271,500 150,673 217,000 3,803,960 552,148 41 15, 083 33,921 151, 492 882,073 37,643 4, 309 29,175 215,690 2, 055 556 224, 086 165, 079 18, 653 15,170 1,100 1,912 269 52, 829 22, 565 2,425,849 10, 000 146,479 45, 801 27, 808 11,804 151,576 224,103 66, 536 1,810 452,774 44, 980 138,119 173,102 0 37,000 91 5,010 139,541 19, 301 31,915 1,727,750 0 0 0 18,879 60 0 3,077 0 2,345 0 1,378 D 200 0 0 29 0 1,132 0 0 0 27,100 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 9000 9,000 23,640 156 3,417 20,405 119,225 75,172 10, 936 937 60,796 11,600 1,06� 74 25,749 361,476 16,016 -199 2,703 -2,594 14,731 7,171 20,874 773,353 437 -85 3,434 76,781 18,196 11,455 105,691 99,096 8,190 356,656 146,846 83,481 43,898 175,000 187,064 240,249 71,405 131,959 131,372 176,085 2,067,210 I-1 I-2 I-3 II-1 I-4 I-5 I-6 I-7 I-8 I-9 I-10 I-11 f-12 CITY OF CLEARWAiER SPECIAL PROGRAM STATUS SUMIIIIARY FIRST QUARTER: OCTOBER 1, 1995 - DECE�ItIBER 31, 1995 Actuai Expenditures Budget Revised Project Open Availablo Atnonci Descriptlon 10/1/95 Amendment Budget To Date Encumbr BatancQ Status" Rot SOCIAL SERVICES 99538 Affordabie Housing Irnp Fees 99555 EEOC Charge Resofution '95 99557 C�de Enforcement-N Grnwd '96 99598 Challenge Loan Guarantee Fd 99599 infiil Housing Developmt Pgm Sub-Total MARINE 99701 Clearwater Beach Nourishment 99704 Sernbler Mitigation Project 99705 Clean Vessel Grant Sub-Total 99903 99906 99908 99909 99910 99911 99912 99914 99915 99916 99917 99918 99919 99920 99928 99941 99950 99962 99970 99987 99989 99993 99995 99998 MISCELLANEOUS PROGRAMS FROG Reissue Prflgram Vision Cable Consultation Police - Outside Duty CRA Downtown Seaulification Library Special Account Library Traininq Grant-Spano Community Survey Clearwater Pass B�idge Ferry Employee Retirement Fund Reengineering Training Ervin's Youth Group N Ft Harrison Beautification Waste Tire Grant Hurricane Opal Relief Nagano Sister City Program Moccasin Lake Nature Park I DB Fees Parks & Rec Gift Giving Pgm Tree Replacement Project Countryside Recyc{ing Media Radios Sailing Center ponations Water Conservation Devices Safety Village Sub-Total 203, 531 73,950 58,000 56,548 397,499 789,528 2, 500 330, 360 37,440 370,300 8, 802 89,000 17,744 28,008 141,972 7,5Q0 20,895 80,000 1,000,000 80,000 107,540 0 0 0 31,329 56,679 54,131 230,713 71,319 1,807 10,107 14,656 100,000 19,005 2,171,207 26,424 3,946 10,930 41,300 19,064 19,064 10 3,190 941 3,409 72,390 1,675 36,728 3,192 2,394 62 123,991 229,955 73,950 58,000 60,494 408,429 830,828 2, 500 349,424 37,440 389,364 8,812 89,000 20,934 28,949 145,381 7,5�0 20, 895 80,000 1,000,000 80,000 107,540 0 72,390 0 31,329 58,354 54,131 267,441 74,511 1, 807 10,107 17,050 100,000 19,067 2,T.96,198 132,235 37,105 46,417 0 209,136 424,893 300 0 26,958 27,258 3,946 60,904 29,169 24,864 125,280 5,625 0 A7,2S5 29,713 0 50,650 920 2,862 133 23,549 42,38�J 26,430 23B,121 39,515 0 1,842 16,�165 57,1.ri 1 t 1,32� 83B,641 0 0 0 0 0 0 97,720 36,645 11,563 60,49�1 19y,293 406,9�6 I - 1� { • 1 �1 i•15 0 2,200 0 349,A24 I - 16 0 10,A82 0 362,108 0 0 0 0 713 0 0 32,715 0 0 0 0 0 0 0 11, 900 0 0 0 0 0 0 0 p 46�328 4,866 28,096 -f3,235 A,085 19,388 1,875 20,895 0 970,287 80,000 56, 890 -920 69,528 -133 7,780 4,065 27,301 29,320 34,�J96 1,607 8, 265 585 42,849 7,740 1,411,330 TOTAL ALL PROJECi'S 10,729,120 495,686 11,224�708 6,9UO,d71 8A�862 6,149,383 fi 2 l-17 I-18 I-19 I-20 I-21 I-22 1 - 23 i . 2a 1-25 1-26 � : SPECIAL REVENUE �UNDS First Quarter: October 1, 1995 - Decernber 31, 1995 SPECIA,L DEVELOPMENT FUND Budeeted Revenues Central Insurance Fund Loan - Budgeted revenues reflect the loan from the Central Insurance Fund in the amount of $860,000 representing infrastructure taxes to provide funding to perform a State Environmental Impacr Report for the replacement of the Memorial Causeway Bridge which was approved by the Commission on 1217/95. The amendment also re�lects the formal establishment of a Central Insurance Fund loan in the amount of $1,360,700 representing infrastructure taxes for the Clearwater Pass Bridge project. Prior Year Working Capital - The amendment reflects anticipated increases in the use of prior year working capital to fund the expenditures detailed below. Budgeted Exnenditures The budget increase reflects the transfer of $860,000 of the loan proceeds described above representing Penny for Pinellas funding to the Capital Improvement project for the environmental report on the replacernent of the Memorial Causeway Bridge and the transfer of $1,360,700 of loan proceeds to the Clearwater Pass project; and the appropriation of retained earnings of the Special Development Fund to Capital Irnprovernent Projects representing $130,000 of undesignated retained earnings for the Urban Contamination Assessrnent Study (approved 12/7/95), $12,713 for the demolition of the Chestnut and Brown properties (approved 11/2/95), and $9,078 to the Pier 60 Fund for a security system at Big Pier 60; and the appropriation of $139,270 of recreation faciliry impact fees for the construction of the Pier playground facilities (approved 2/1/96), $3(}0,000 of recreation faciliry irnpact fees to establish a project for the Sand Key City Park at the request of citizens, and $25,000 af development impact fees to establish a project to fund small miscellaneous engineering projects. 63 SPECIAL R�VENUE FUNDS First Quarter: October 1, 1995 - December 31, 1995 SPECIAL DEVELOPMENT FUND First Quarter Original Amended Budget Budget 1995196 1995196 AmQndments Revenues; Ad Valorem Taxes 1,524,040 1,524,040 - infrastructure Tax 5,900,000 5,900,000 - Rental Fees 130,000 130,000 - Development Impact Fees 25,000 25,000 - Interest Earnings 400,000 400,000 - Open Space Fees 100,000 100,000 - Recreation Facility Fees 80,000 80,000 - Recreation Land Fees 250,000 250,000 - Transportation impact 200,000 200,000 - Locai Option Gas Tax 800,000 500,000 - Central Insurance Fund Loan 2,220,700 2,220,700 Prior Year Working Capitai 616,061 616,061 Total 9,409, 040 12,245, 801 2, 836,761 Expenditures: Transfer to Capital Improvement Fund Debt Service Payments 8,813,160 11,649,921 2,836,761 300,000 300,000 - Totaf 9,113,160 11,949,921 2,836,761 SPECIAL PROGRAM FUND First Quarter Original Amended Budget Budget 1995/96 1995/96 Amendments Revenues: Intergovernmental: CDBG Grant 1,015,000 1,075,000 60,000 Interest Earnings 100,000 153,655 53,655 Mlscellaneous - Nagano Program 3,000 3,000 Fines 8 Forfeits 151,583 151,583 Grant Proceeds 87,390 87,390 Generai Fund 3,803 3,803 Marine Fund Donations Sales Contractual Services SLEF Rental Fees Expenditures: Public Safety Programs Community Development Program Social Services Marine Miscellaneous Nagano Program 52,372 52,372 1,434 1,434 3,1 so 3,190 60,000 60,000 22,159 22,159 Total 1,118,000 1,613, 586 495,586 251,231 251,231 1,015,000 1,075,000 60,000 41,300 41,300 19,064 19,064 123,991 123,991 3,000 3,000 Tatai 1,018,000 1,513, 586 495, 586 64 City of Clear�vater, Tlorida ADNiINISTRATIVE CHANGE ORDER First Quarter Review F� 1995i96 In accordance with City of Clearwater C�de Section 2.5G4,(2), the City Manager may approve and execute change orders without City Cornmission approval widlin ccrtain limitations. The following change order have been administratively approved since the last report to the Commission based on the code specified criteria: 1. Increases do not exceed $25,000 over Commission approved arnount on a cumulative basis. 2. Change does not change the scope of a project. 3. Price increases do not require additional appropriation to the project,. 4. Contract price decreases may Ue approved without limitation. 5. Tlie time for completion may �iot be extended by more than thirty (30) days, in any one change or cumulativPly for the same project. *�*** 9l13/95 Administrative Change Order No. 1 and Final - Dentolition Of Com,nercial Structures at 1180 Russell Street (Old Solid Waste-Complex) (95-7). This change order reduces tlle contract because the amount of clean fill material and silt erosion control curtain that was less than anticipated. It also increases Ihe contract for the remov�l of buried concrete rubble. Phoeni�c Wrecking Corporntion 9/ 13/95 Administrative Change Order I�1o. 1- 1995 Miscellaneous Construction Project (95-18). This change order decreases the contract due to a smaller number of junction boxes, reinforced concrete pipe and concrete curbing. The change order �iso decreases the contract by the elimination of die trench drains and compacted limerock base. It increases the contract by the addition if such items as repair of the sidewalk at Garden Avenue Parking Garage modification to the traffic separator at US 19 & Enterprise Road and d�e removal and recycling of an ammo�ua product. Keystanc �xcavutors, Inc. 9/27/95 Administrative Change Order No. 2 and Final - Harbor Drive Storm Improvenrents (94-10). This change order decre�ses the contract due to a recluctions in the amounts of asphaltic base used and unsuitable material removal and replacernent costs. The change order increases the contract for the addition of curb replacement and asphaltic overlay. MTM Contractors - $ 1,988.00 - $1,912.49 - $ 2,602.35 10/12/95 Administrative Change Order No. 2 a�id Final - Water Main Replacente�tl Contract - Pliases 11 & 1 Z(94-9}. This change order reduces the contract because d�e contractor elected not to do addition�l work that was described in thc origuial contract. Suncoast Excav,�ting, l�ic. - $ 395,590.10 lU/13/95 Adrninistrative Changc Order No. 2 and Final - E�iterprise Road Sa►iitary Sewer Rc�liabilrtntiaz (95-5). This change order reduccs the contract quantities to those arnounts actually uscd in corn�:lction of' thc project. Madsen/13.�rr Cor��oralion - $ 17,946.00 � m City of C�earwater, Florida ADMII�IISTRATIVE CHANGE ORDER First Quarter Review FY 1995/96 10/31/95 Administrative Change Order No. 1- Woud Valley Recreation Center Renovations (P.O. #6439). This change order increases the original contract to add such things as additional paneling to the existing game room, battery powered exit ligtit, rental of equipment (compactor) and electrical panel and boxes for HVAC. Oakhurst Construction Company, Inc. 11I17/95 Administrative Change Order No. 1- Phillies Improvements (P.O. #8883). This change order decreases the contract due to the elimination of Carpenter Field fill material, and by arranging for City staff to handle the sod requirements and the installation of PVC water line and hose bib at a lower cost. The contract is incr��sPd by the need for additional pilings at Carpenter Field storage building, a new office at Jack Russell Stadium, additional electrical services not included in the contract and upgraded flooring. Grosz-Stamper Construction Co. Ol/02/96 Administrative Change Order No. 1- Hamptai Road Widening Contract (95- 19). This change order increases the contract to provicle for the paving of a portion of the Coachman Park parking lot. Purcell Construction Company, Inc. $ 2,062.19 - $ 1,368.30 $ 17,640.00 O1/04/96 Administrative Change Order No. 2 and Final - Marina Fishing Pier (95-1). This change order decreases the contract to account for the actual length of piles included in the pier support structures. The contract is increased for "cut off" sections of piling not included in the structure but supplied by the contractor. Intcr-Bay Marine Construction Co. $ 3,980.45 O1/08195 Administrative Change Order No. 1- Jack Russell Stadic�rn Elevator (P.O. �8882). This change order inereases the contract due to the reinstallation and replacement of chain link fence and gates, che removal and relocation of turnstiles, the addition of concrete sidewalks and the rebuilding of a storage room under the ramp. Grosz-Stamper Construction Co. 66 $ 13,185.00 CITY OF CLEARWATER SUMNfARY OF CLAtMS SETTLED FIRST QUARTER RE�IEW October 1, 1995 - December 31, 1995 SUMS PAID TO CLA/MANTS lN SETTLEMENT OF CLAIMS /N EXCESS OF $2,000 Date of Incident Check Date Ctaimant Amount Paid Detai{ 07/27/95 08/04/95 Red Ribbon Homestead 4,466.45 Check issued for settlement of 08/22/95 sewer back-up. 08/30/95 10/12/95 W. Pullen & 3,373.00 Car accident involving City S. Rubsamen cruiser. Unknown 10/12i95 M, Galbraith 33,476.67 Settiement of severance dispute. 07/31/95 10/12/95 M. Meek 2,215.36 Car accident invoiving Solid Waste vehicie. 10/19/91 11/03/95 J. Parker 2,205.00 Settlement of a civil rights claim. 11/24/94 � 12/05/95 P. Bevan 8,850.00 Citizen injury from City vehicle. 03/02/94 12/05/95 L. Austin 2,500.00 Injury from fall on City sidewalk. 10/16/95 12/05/95 J. Swenarton 2,312.49 Property damage caused by cruiser accident. 10/29/95 12/Q5/95 A. Ceraolo 2,606.63 Property damage cause by intersection accident. 10/11/95 12/05/95 Ringhaver 5,937.99 Damaged rental equipment during use. 06/17/95 12/29/95 B. Ashbrook & USAA 2,766.90 Repairs to vehicle damaged by a falling tree. 10/26/95 12/29/95 Cobblestone Court 21,688.52 Property damage caused by sewer bar.k-up. 01lQ1l94 02/01196 JBM Entertainment/ 5,000 Settlement regarding the City's WGB Entertainment adult use ordinance. Total Paid 92,399.01 67 t� CITY OF CLEARWATER SUMMARY OF CLAIMS SETTLED FiRST QUARTER REVIEW October 1, 1995 - Decem ber 31,1995 SUMS PA1D TO CITY IN SETTLEMENT OF CLAIMS EXCEEDING $2,000 Date of Incident Check Date Claimant Arnount Paid Detail 04/27195 10/23195 City 6824.72 Vehicie accident where citizen was determined at fault. 05/26195 12/05195 City 4138.04 Vehicle accident where citizen was determined at fault. Total Collected 1U962.76 68 S :a ORDINANCE NO. 6003-96 AN ORD[NANCE Or THE CI'1'Y Of CLEARWA7'Elt, (�I,ORIDA, AMENDING THE OPER�ITING E3U[�GE'I' FOEZ TE-IE FISCAL YEAR ENDING SEPTEMBER 30, 1996 'I'O RCPLECT INCREASES AND DECREASES IN REVENUES AND CXPENDITURES FOR '1'hIE GENERAL FUND, SPECIAL DEVELOPMEN"f FUND, SPECfAL PROGRAM FUND, WATER AND SEWER FUND, GAS FUND, SOLID WAS'fE� FUND, STORMWATER UTILITY FUND, RECYCLING FUND, PARKING FUND, PIER 60 FUND, GENERAL SERVICES FUND, AND ADMIN(STRATIVE SERVICES FUND, AS PROVIDED HEREIN; PROVIDING AN EFFECTIVC DATE. ::;� �•;,;9 L„ ' •4�«..'; �,.�,�� , � `� .t� �� -�: ���� . .�• � `�"cs`'}" ;��. � ,. WHEREAS, the budget for the fiscal year ending September 30, 1996, for operating purposes, including debt service, was adopted by Ordinance No. 5913-95; and WHEREAS, at the Eirst Quarter Review it was faund that an increase in expenditures of $2,498,938 is necessary in the General Fund; an increase of $2,836,761 is necessary in the Special Development Fund; and increase of $495,586 is necessary in the Speciai Program Fund; an increase of $?0,490 is necessary in the Water & Sewer Fund; an increase of $1,941,51.3 is necessary in the Gas Fund; an increase of $23,880 is necessary in the Solid Waste Fund, an increase of $1,140 is necessary in the Stormwater Utility Fund; an increase of $140,276 is necessary in the Parking Fund; an increase of $9,070 is necessary in the Pier 60 Fund; an increase of $860,226 is necessary in the Administrative Services Fund; and that sufficient revenues are available to cover tl�ese additional expenses; and WHCREAS, a summary of the amended revenues and expenditures is attached liereto and marked Exhibit A; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Commission to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Section 1 of Ordinance No. 5913-96 is arnended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 1995 and ending September 30, 1996 a copy of which is on file with the City Clerk, the City Commission hereby adopts an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. T'his ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING Attest: Cynthia E. Goudeau, City Clerk .� Rita Garvey, Mayor-Commissioner Approved as to forrn and Itgal suf(iciency: Pamcla K. Akin, City Attorncy EXHIBIT A 1995-96 BUDGET REVENUE First Quarter Original Amended Budget Budget 1995/96 1995/96 Difference Genera0 Fund: " Propecty Taxes 19,303,820 19,303,820 Sales Tax 4,358,260 4,358,260 Franchise Fees 6,144,630 6,144,630 Utility Taxes 12,845,080 12,845,080 Licenses & Permits 2,402,000 2,402,000 Fines, Forfeitures or Penaltiss 1,508,000 1,508,000 Intergovernmental Revenue 7,278,090 7,278,090 Charges for Services 1,110,490 1,110,490 Use and Sale of City Property and Money 1,366,350 1,366,350 Miscellaneous Revenues 108,420 108,420 Interfund ChargeslTransfers 9,311,830 9,311,830 Transfer from Surplus 0 2,498,938 2,498,938 Total, General Fund 65,736,970 68,235,908 2,498,938 Special Revenue Funds: Special Development Fund Speciai Program Fund Utility 8 Other Enterprise Funds: Water & Sewer Fund Gas Fund Solid Waste Fund Stormwater Utility Fund Recycling Fund Marine Fund Parking Fund Pier 60 Fund Harbonriew Center Fund Internal Service Funds: Administrative Services Fund General Services Fund Garage Fund Centrai Insurance Fund 9,409,040 1,118,000 36,461,100 19,055,970 12,215,450 4,160,630 2,341,100 1,855,020 2,586,090 335,340 796,500 4,563,430 2,921,480 8,483,980 8,238,730 12,245,801 1,613,586 36,461,100 21,790,725 12,239,330 4,161,770 2,183,060 1,855,020 2,726,366 344,410 796,500 5,429,156 2,251,800 8,483,980 8,238,730 2,836,761 495,586 2,734,755 23,880 1,14Q -158,040 140, 276 9,070 865,726 -669,680 Totai� All Funds 180,2T8,830 189,057,242 8,778,412 ordinance no. 6003-96 70 EXHIBIT A (Continued) 1995-96 BUDGET EXPENDITURES First quarter Original Amended Budget Budget 1995/96 1995/96 Difference General Fund: City Comrnissfon 180,530 190,530 10,000 Administration 2,199,130 2,343,020 143,890 Legal 1,087,150 1,087,150 City Clerk 648,870 675,370 26,500 fM - Comrnunity Out�each 505,310 540,310 35,000 Finance 1,353,750 1,353,750 Human Resources 875,800 705,910 -169,890 Police 21,972,490 21,988,890 16,400 Fire 10,171,060 10,171,060 Central Permitting 1,854,670 1,854,670 Economic Development 470,810 470,810 Parks 8 Recreation 10,161,250 10,161,250 Library 3,925,640 3,925,640 Engineering 4,820,910 4,820,�10 Public Works 1,637,020 1,637,020 Engineering - Aitpatk Coordination 61,d80 61,480 Marine -Sailing Center 122,690 122,690 Non-Departmentai 3,686,410 6,125,448 2,437,038 Totai, General Fund 65,736,970 66,235,908 2,498,938 Special Revenue Funds: Special Development Fund Special Prograrn Fund Utility & Ottter Enterprise Funds: Water 8� Sewer Fund Gas Fund Solid Waste Fund Stormwater Utility Fund Recycling Fund Marine Fu�d Parking Fund Pier 60 Fund Harborview Center Fund Internal Service �unds: Adminfstrative Services Fund Generai Services Fund Garage Fund Central insurance Fund 9,113,160 1,018,000 35,439,210 17,998,010 12,215,450 4,160,630 2,128,680 1,805,460 2,586,090 323,880 796,500 4,553,830 2,826,870 7,562,750 7,645,200 11,949,921 1,513,586 35,509,700 19,939,523 12,239,330 4,161,770 2,104,740 1,805,460 2,726,366 332,950 796,500 5,414,056 2,162,690 7,962,750 7,645,200 2,836,761 495,586 70,490 1,941, 513 23,880 1.140 -23, 940 140,27fi 9, 070 860, 226 -664,180 Total, All Funds 176,310,690 184.500,450 8,189,760 ardinance no. 6003.96 71 ORDtNANC[; NO. (004-96 AN ORDINANCE OF THE CITY Of� CLEARWATER, FLOft1DA, AMENDING 'I'llT: CAPITAL IMPRUVEMENT PROGRAM REPORT AND E3UDGET FOil T�-IE fISCAL YEAR ENDING SEPTEMI3ER 30, 199G, TO RCFLECT AN INCREASE IN f3UDGl:`I' EXPENDITURES "1'O EXI'AND TI-IE SCOPE OF PROJECTS [N TFIE l�UNCTIONAL, CATEGORIES OF POLICE PROTECT(ON, FIRE P20TECTlON, MISCELLANI�UUS ENGINEERING, PARK DEVELOPMENT, CITY HALL, BUILDINGS & CQUfPMEN�' MISCELLANEOUS, STORMWATER UTILITY, SOLID WASTE, AND UT'ILI1"Y MISCELLANEOUS, AND TO REFLECT A DECREASE IN IiUDGET EXPENDIT'URES TO REDUCE THE SCOPE OF PROJFCTS [N THE FUNCTIONAL CATEGORIES OF SIDEWALKS & BIKE TRAIL, 5TORM DRAINAGE, PARKING, MARINE FACILI'1'IES, LII3RARIES, GARAGE, SEWER SYSTEM, GAS SYSTEM AND RECYCLING, COR A NET INCREASE OF $2,286.873; PROVIDING AN EPFECTIVE DA'1'E. -� � •t � �; : . , .. ,.� �.. t, �� .:� t�. � - , ,`r � u�:':'`-I`"��''+� WHEREAS, the Capital Improvement Prograrn Report and Budget for the fiscal year ending September 30, 1996 �vas adopted by Ordinance No. 5914-95; and WHEREAS, unanticipated needs necessitate an increase in expenditures for the follo�ving: Police Protection $836,728; Fire Protection $32,008; Misceil�neous Engineering $885,000; Park Development $1,679,411; City Hall $220,388; I3uildings & Equipment Miscellaneous $537,267; Stormwater Utility $643,771; Solid Waste $95,227; and Utiliry Miscellaneous $120,304; and WHEREAS, funds of $2,286,873 are available to finance these projects through use of General Fund Revenues, Special Development Fund Revenues, Recreation racility Impact Fees, Infrastructure Taxes, Development Impact Fees, Grant Revenues, FEMA Revenues, Property Owners Share Revenues, Donations, Revenues from Other Municipalities, Rental Fees, Parking Itevenues, Water & Sewer Revenues, Gas Revenues, Gas R&R Revenues, Solid W�ste Revenues, Stormwater Utility Revenues, Recycling Revenues, Sand Key Bond Issue Revenues, Lease Purchase Revenues,and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Commission to provide for the expenditure of money for proper purposes not contained in the Uud�et as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; NOW, THEREFORE, I3E IT ORDAINED BY THE CITY COMMISSION OF Ti-1B CITY OF CLEARWATER, FLORIDA; Section 1, Section I of Ordinance No. 591 �}-95 is arnended to read: Pursuant to the First Quarter Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginnin� October 1, 1995 and ending September 30, 199G, a copy of which is on fite with d�e City Clerk, thc City Commission hereby adopts a First Quarter Arnended budget for the capital improvement fund for the City of Cleanvater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon acloption. PASSED ON FIRST READING PASSED ON SECOND AND FINF�L READING Attest: Rita Garvey, Mayor-Commissioner Approvcd as to f'orn� and legal sufficiency: Cytitilia E. Goudeau, City Clerk Parnela K. Akin, City Attorn�y 72 ExHIBiT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL Y�AR 1995196 Police Protection Fire Protection New Street Construction Major Street Maintenance Sidewalks � Bike Trails Storm Dralnage lntersections Parking Miscellaneous Engineerir►g Land Acquisition Park Development Beauti�cation Marine Facilities Libraries Garage Maintenance of Buildings City Habl Miscellaneous Stormwater Utifity Water System Sewer System Gas System So1id Waste Utilities Miscellaneous Recycling First Qtr Original Arnended Budget Budget 1995/96 1995/96 Amendments 415,000 73,680 2,300,000 1,625,160 200,000 0 535,000 150,000 1,375,000 0 1,400,000 0 110,000 676,110 3,030,850 249,000 0 3,880,880 20,765,000 1,125,000 3,724,700 8,092,000 305,000 0 371,300 1,251,728 105,688 2,3�0,000 1,625,160 -2,678 -340,638 535,000 148,982 2,260,000 0 3,079,411 0 72,016 674,750 2,046,450 249,000 220,388 4,418,147 21,408,771 1,125, 000 3,655,406 7,047,459 400,227 120, 304 289, 982 836,728 32, 008 -202,678 -340,638 -1,018 885, 000 1,679,41 � -37, 984 -1,360 -984,400 220,388 537,267 643,771 -69,294 -1,044,541 95,227 120,304 -81,318 TOTAL 50,403,680 52,690,553 2,286,873 ordinance no. 6004-96 73 EXHIBIT A (Continued) GENERAL SOURCES: Enterp�ise Operating Revenue Harborview Center INTERNAL SERVICE FUNDS: Garage Fund Admin Services Fund General Services Fund BORROWING: Lease Purchase Bond fssue - Mem Cswy Bond issue - Downtown Lake Bond issue - Sand Key Internai Borrowing SELF-SUPPORTING FUNDS: Vliater & Sewer LeaselPurchase Stormwater LeasetPurchase Solid Waste LeaselPurchase Gas L�aseiPurchase 1994 Gas Bond Issue INTERNAL SERVICE FUNDS: Garage LeaselPurchase Gen Svc Lease/Purchase Admin Svc LeaselPurchase CAPITAL IMPR�VEMENT PROGRAM FOR FISCAL YEAR 1994195 First Qtr Original Amend�d Budget Budget 1994/95 1994/95 Amendments 300,000 0 65,800 15,000 0 91,000 1,350,000 17,000,000 0 0 150,000 0 95,000 0 7,860,000 1,534,200 3,630,850 1,184,880 �Git il� � 65,800 15,000 0 30,240 1,350,000 17,000,000 473,000 -2,000,000 -6,107 159,770 95,000 -48,590 4,131, 569 1,534,200 3,630,850 -62,240 -60,760 473,000 -2,000,000 -156,107 159,770 -48,590 -3,728,431 -1,247,120 TOTALS: 50,403,680 52,690,553 2,286,873 ordinance no. 6004-96 74 EXHIBIT A (Continued) CAPITAL fMPROVEMENT PROGRAM FOR FISCAL YEAR 1995/96 First Qtr �riginai Amended Budget Budget 1995196 1995196 Amendments GENERAL SOURCES: General Operating Revenue 1,151,000 3,586,966 2,435,966 General Revenue/County Co-op 206,110 206,110 General Revenue/County EMS 73,680 73,680 Special Development Fund 0 142,712 142,712 Comrnunity Redeveiopment Agency 0 0 Road Miitage 1,552,200 1,552,200 Recreation Facility tmpact Fees 0 439,270 439,270 Transportation impact Fees 90,000 90,000 infrastructure Tax 5,770,960 7,991,660 2,220,700 Development Impact Fees 100,000 125,000 25,000 Locai Option Gas Tax 1,170,000 1,170,000 Grant 0 80,706 80,706 FEMA 0 29,568 29,568 Property Owners Share 0 625,000 625,000 Donations 0 5,000 5,000 Other Municipalities 0 2,440 2,440 Special Program Fund 0 0 Rental Fees 0 13,661 13,661 SLETF 60,000 0 -60,000 SELF SUPPORTING FUNDS: Marine Operating Revenue 40,000 40,000 Parking Revenue 150,000 225,000 75,000 Pier 60 Revenue 0 0 Utitity System: Water & Sewer Revenue 3,249,700 3,320,189 70,a89 Water Impact Fees 50,000 50,000 Water R� R 700,000 700,000 Sewer Impact 50,000 50,000 Sewer R& R 650,000 650,000 Gas Revenue 232,000 2,953,115 2,721,115 Gas R 8� R 0 25,004 25,004 Solid Waste Revenue 21 Q,000 233,880 23,884 Stormwater Utility 1,250,000 1,251,140 1,140 Recyciing Revenue 196,300 214,760 18,460 Recyciing Grant 175,000 175,000 ordinance no, 6004-96 75 � , � ; 1 j t i . _ . .. . . . , � � � ' .. . .. . . ' , " . . . .. . . . .. . . ..ary� y` � � �J � � ' � \. ►.) .. ►. l � i a •' � • ►l . � • •. �"� ► 1/. ► BOARD Airport Autiiority TERM: 4 Years APPOINTED BY: City Commission FINANCIAL DISCLOSURE: Not required RESIDENCY REQUIREMENT: City of Clearwater Special Qualifications: None (5097-91) �� Agenda # MEMBERS: 5 CHAIRPERSON: Charles Silcox MEETING DATES: 1 st Wed., 3:00 p.m. PLACE: Chambers APPTS. NEEDED: 1 DATE APPTS TO BE MADE: 3/7/96 THE FOLLOWING ADVISORY BOARD MEMBERIS) SEAT(S) NOW REQUIRE EITHER BEAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. Date of Original Attendance Interest in Name A�Rointment �t.�cord rea�pointment 1. J. Marvin Guthrie "••�� NA NA ending 2nd term 3/31 /96 THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: �.u= _.� 1. William Andres 1304 S. Evergreen Ave., 34616 2. Cfiarles Kilbride 2489 Stag Run B{vd., 34625 3. Robert Lunt 833-C Keene Rd. N., 34615 4. Mike Palouian 1320 Summerlin Dr., 34624 5. H. Virginia Robinson 1005 Arnble Ln., 34615 6. Dennis Roper 995 Lake Forest Rd.,34625 7. Francis J. Werner 1845 Seton Dr., 34623 Zipcodes of current rnembers on board: 2 at 34615 1 at 34616 (Mr. Guthrie) 1 at 34624 1 at 34625 •„�- ' • -• .- :, Retired Lab Director Career Consultant prior work (1 5 yrs) w/Cessna Aircraft Co.,current work w/aircraft sales & mgrnt past rnember Parks & Rec Board Nurse, Red Cross Volunter past rnember this board Past President & Treasurer of a homeowner's association .1"� l 1/_l � �i� ■_- FOR COMMISSION MEETING March 7, 1996 APPOINTMENTS *recv since notification BOARD: Development Code Adjustment Board TERM: 4 years (effective 1 1/18193) APPOINTED BY: City Cornrnission FINANCIAL DISCLOSUflE: Required RESIDENCY REQUIREMENT: City of Clea+rwater � � Agenda � MEMBERS: 5 CHAIRPERSONISI: Otto Gans MEETIN� DATES: 2nd & 4th Thursdays PLACE: Cornrnission Chambers APPTS. NEEDED: 1 DATE APPTS TO BE MADE: 3/7/96 SPECIAL QUALIFICATIONS; "rnembers of the board shall possess professional training or acquired experience in the fields of planning, law, architecture, {andscape architecture or developrnent control. THE FOLLOWING ADVISORY BOARD MEMBER(Si HAVE TERMS WHICH EXPIRE AND NOW REQUfRE EITHER R�APPOINTMENT FOR A NEW TERM OR REPI�ACEMENT BY A NEW APPOINTEE. [�-u- Date of Original Attendance Interest in AnoQintrnent Record rga.��ointment 1. Vacant Seat - Aiex Plisko jArchitectj ended 2nd consecutive terrn 2/28/96 THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1-t■' ��� a 1. William Kirbas 34 Bohenia Circle, N., 34630 2. Ric Ortega 18 S. Corona Ave., 34625 3. Roberle Pratt 3090 Tanglewood Dr., 34621 *4. Ron Stuart 2581 Countryside Blvd., #305, 34621 Zipcodes of current mernbers on board: 2 at 34621 2 at 34630 1 vacant •Illl' �" � "� �•' "1 Financial Advisor, current rnember of Park & Recreation Board but would resign from that if appointed to DCAB Architect Manage� - Recanstructive Dentistry, Inc. Public Relation Counselor ' ��� 1 1i__ ► �i► �__ FOR COMMiSSI�N MEETiNG March 7. 199� L�PPQINTMENTS * Recv since pack went out BOARD: Library Board TERM: 4 years (effective 1 1/18/93) APPOINTED BY: City Commission FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT:City of Clearwater SPECIAL QUALIFICATIONS: None � �� Agenda # MEMBERS: 11 CHAIRPERSON: Tony Bacon MEETING DATES: 3rd Fri., 9:00 a.m. PLACE: Library Conference F�oom APPTS. NEEDED: 1 DATE APPTS TO BE MADE: 3/7/96 THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. Date of Original Attendance Interest in Name AQnointment Record rea�pointment 1. Vacant Seat - Shirley Kennedy resigned 1/17/96, moved to Colorado THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: \��I- � � - 1. Charles Kilbride 2489 Stag Run Blvd., 34625 * 2. Tom Leavy 2977 Ambleglen Ct., 34621 *3. Lois Martin 1771 Harbor Dr., 34615 4. Edward Nicho{s � 2719 Burning Tree Lane, 34621 Zipcodes of current members on board: 3 at 34615 1 at 34616 2 at 34621 1 at 34624 2 at 34625 1 at 34630 1 vacant . 1 ;- -. .- Career Consultant Retired High School Principal Past member Planning & Zoning Board Retired NY Te{ephone Company � �' K APPO{I�{TMENT WORKSHEET FOR COMMISS{ON MEETING March 7. 1996 APPOiNTMENTS Agenda # BOARD: C-View Task Force MEMBERS: 7 Peter Caffentzis has resigned from a Commission appointed seat on the Task Force. THE F�LLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY; 1. Deanna Bennett 1622 EI Tair Trail, 34625 2. Patricia Buchan 2891 Meadow Oak Drive East, 34621 3. Nancy Helt 1421 Wood Avenue, 34615 4. Carla Soave 1303 Sunset Drive, 34615 Zipcodes of current rnembers: 1 vacant (to be Clearwater resident, Mr. Caffentzis was 34624i 1 at 34619 1 at 34621 1 at 34624 Below 3"techni�al" did not have to be Clearwater residents, but within Pine4las County 1 at 33703 1 at 33710 1 at 34684 E N0.6402-96 �.._. � � ' AN ORDINANCE OF THE CIIY OF CLEARWATER, FLORIDA, REQUIR(NG L4BBYISTS TO REGISTER; PROVIDING FOR ANNUAL REPORT{ NG OF EXPENDITURES; PROV{D{NG AN EFFECTIVE DATE. WHEREAS, the City Commission finds that the operation of responsibie governrnent requires that the fullest opportunity be afforded to people to petition their government for the redress of grievances and to freely express to their public officials their opinions on actions and issues before the City; and WHEREAS, the City Commission finds that to preserve and maintain the integrity of the decision-making process, it is necessary that the identity, activities and expenditures of certain persons who engage in efforts to influence commission rnernbers, board members and certain city staff on matters within their official cognizance, be publicly and regularly disctosed; now, therefore, BE IT ORDAINED BY THE CtTY COMMtSS1�N OF THE CITY OF CLEARWATER, FLORIDA: �.ction 1� The Code of Ordinances of the City of Clearwater, is hereby amended by adding an article to Chapter 2, to be nurnbered Article VIII, which article reads as follows: ARTICLE VIII. REGISTRAT(ON OF LOBBYI�TS Sec.2.700. Definitions. Boards rnean all boards, both advisory and regulatory, establi5hed by ordinance of the City of Clearwater. Commissioners mean the Mayor and members of the City Commission. Compensation means any payment received or to be received by a lobbyist for the performance of IQbbying activities whether the compensation is as a fee, salary; retainer, forbearance, forgiveness or othar form of valuable recompense or any combination thereof. Expenditure means an advance, conveyance, deposit, distribution, transfer of funds, loan, payment, pledge or suk�scription of anything of value, and any contract, promise or other obligation whether o�r not legally enforceable, to make an expenditure, Ordinance No. 6002-96 l� p , -� �� \ Government ernployee means ail agents of the government, whether elected or appointed, paid or unpaid, hired or under contract as a consuitant or as an attorney who are acting on behaif of the United States, the State �f Florida, its agencies, political subdivisions, special districts and municipalities. Lobbying means cornmunicating, orally or in writing, with a member of the Commission, a board or staff, for the purpose of atiempting to influence action or inaction of any cornrniss�oner, any board member or staff membeP; or, for the purpose of encouraging the passage, defeat or modification of any proposal or recommendation. Lobbyist rneans any person who receives compensation to act on behalf of an individual, firm, association, business or organization to lobby. A lobbyist specifically includes the principal as well as any agent, attorney, officer or employee of the principal regardless of whether such lobbying activity falls in the normal scope of the employment of such agent, attorney, officer or ernployee. Principa! rneans any person providing compensation to a lobbyist in consideration of his perfiormance of lobbying activities regardless of the technical or lega{ form of the relationship between the principal and the lobbyist. Staff means the City Manager, the Deputy City Manager, the Assistant City Manager, the City Attorney and all department heads. In addition, staff shall mean any consu{tants, other than attomeys, hired by the City. Sec.2.701. Registration. (a) All lobbyists shall register with the City C{erk before engaging in any lobbying activities. Every person required to register shall register on forms provided by the Clerk and state under oath: (1) His or her name and business address, (2) The name and business address of each person or entity that has employed said the lobbyist to lobby, (3) the chief officer, partners or beneficiaries af the corporation, partnesship or trust, which has emp{oyed the lobbyi�t to lobby; � (3) The persons sought to be lobbied, and (4) The specific issue on which he or she has been employed to lobby. -(b) A separate registration shall be required for each specific issue. 2 Ordinance No. 6002-96 _._� ��� (c) Any change to any inforrnation originally filed shall require that the lobbyist file an amendrnent to the registration form. The lobbyist has a continuing duty to supply information and arnend the forrns filed throughout the period in which the lobbying occurs. Sec. 2.T03. Stat�ment of lobbying expenditures. On April 1, 1997, and on April 1 of each year thereafter, the lobbyist shall submit to the City Clerk a signed staternent under oath listing all lobbying expenditures for the preceding year, the sources of the funds and an itemization as to the amount expended for each Cornmissioner, board rnember and staff mernber. A statement shall be filed even if there was no expenditure during a reporting period, Sec. 2.704. Reporting by Clerk. The Clerk shall publish a log quarterly and annually reflecting the lobbyist registrations that have been fled in accordance with this article. The Clerk shall publish a report annually reflecting the lobbyist expenditures that have been filed in accordance with this article. Sec. 2.705. Exernptions. (A) The following persons shall not be required to register: (1) A gov�ernment employee acting in his official capacity or in connection wi�h his job responsibilities or as authorized or permitted to lobby pur�uant to collective bargaining agreernent. (2) A person who appears at the specific request or under cornpulsion of the Commission, board or staff inember, (3) Expert witnesses or other persons who give testimony about a particular rnatter or measure but do not advocate passage or defeat the matter or rneasure or any arnendrnent thereto. (4) Any person who appears at a public hearing or administrative proceeding or quasi-judicial proceeding before the City Commission, any 3 Ordinance No, 6002-96 c� board or staff rnernber and has no other cornmunication on the matter or subject of the public hearing, adrninistrative hearing or quasi judicial proceeding. (5) Any person in contractual privity with the City who appears only in his or her official capacity. (B) This Article shall not apply to discussions or negotiations on rnatters in litigation. Sec.2.706. Violations. (a) A first violation of the provisions of this Article shall result in the issuance of a warning by the City Attorney's Office. The penalties for subsequent violations are as provided in Section 1.12 of the Code of Ordinances of the City of Clearwater. (b} The validity of any action or determination of the Commission, board or �taff shall not be affected by the failure of any person to cornply with the provisions of this article. Sect+orL.�,� 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 lega{ sufficiency: Pamela K. Akin, City Attorney Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk 0 Ocdinance No. 6002-96 £J � � ' 11 11 � ► � ► � 11 TO: Commissioner Thomas ���7` FROM; Parnela K. Akin, City Attorney SUBJECT: DATE: Registration of Lobbyists February 20,1996 �� G� C(��ti��� T�: �.1�1�/: i1:�;j1 '.1. FEB 2 0 1996 CLERK / ATTOaNEY I am in receipt of your memo of February 13, regarding the praposed Lobbyist Registration ordinance. The ordinance wiii be on the agenda for the March 7 meeting. Drafking this ordinance has not been a matter of copying an ordinance of another jurisdiction. The Commission gave specific direction on several issues that had to be addressed. t felt it important to thoroughly research the legal issues and carefully consider the language of the ordinance the first time around to attempt to avoid the need for amendments. In addition, while the ordinance is extremely important, in my judgment, it d�es not have the time sensitivity of ather issues which have demanded my time over the past month. For example: cable franchise negotiations with Time Warner and GTE; the Camp Soule grant; the numerous issues involving the Lake Chautauqua park and the Landmark extension; the alcoholic beverage license for the Harborview Center and the Drug Free Work place discussion. Your memo is an insult to my integrity and professionalism and completely unwarranted. PKA;jmp FEB 23 '96 02�46PM City Comttuission xo: FROM: DATS: SUBJEC'T: CC: COF'IES T0: COMMISSION F E B 2 6 1996 � FKtSS CLERK t ATTORNEY �~� ��. �,�� . P.4i6 cr� o� c�wa� � P.O. BOX 4748 c�wA�� �.Ox�nA 346x8-4748 ����u�:;����� Pamela K. Alwt, C�ty Attomcy Fr�d A. Thomas, Commiss February 23, 1�996 Re�istra�d.on of Y.�obbyists Mayor, Commission, City �*��***�.*�«�*�«����*���**�*�**��r�«,���*�**«�**�*��*�**�.�*****«��*�******«�«�*« This is a responsc to the last sentence af youx Febn�acy 20th memo stating, "Xour memo is an insu�t to my integrity aad profess�onalism and comp�otely unwauanted." Giet real, Parn A3dn. Xou have become a�litical attorney serving tho mayor's purposes, nat the city comm�ssion purposes. Th� mayor opposes labbyist� a�gistration. Tk�e majarlty of the cornmissi�an is for �t. It is a tlmely matt�x. Any attornCy worth their salt could have had this written in 48 h�urs. You bave ordinances from fivc m�jor dty's oa this subjec� �SThat we stated at th� work sessi.on is sicup�c� clear and conds� on what we want�ed, not racicet sci.ent�st law. . Quit the na�nby, palnby rc�thodology and attitudc. Get the job done. You wark for tbe commission� not thc rnayor. This is nat the City of Tampa. Y am greatly dis�appo�nted on how tI�s issue ha,s h�rned out with you as (�ty Attorney. The anly possibla goliticaL side issue here is that �her comrnissianers have told you privately that �ey want �o bald this' up. �P that is the c�.s�, � let's put it �n the sunshine. This is an issu8 that is tithpc �oing to get vot�d up or down b�ore I leave thc commission or is godng to be stalled by your �ffica. I'm not going to allow it ta g�t � stalled by yaur office. 'You indicated in your letteX bow ovesworkod yoa aYe. Xou have ajseady • �xeatly iacrea.sed the budg�t of the legel cl�partmertt, hire.d more attorneys� and yet you sdll go . outside for other attorney bc1p. Ca11 it anything you want bo; I caIl it a stalt. •' FAT/jcj 0 �; ,�.. �� � m�Enzox�NVUM TO: Commissioner Fred Thomas �� � � ✓�� / FROM: Mayor Rita Garvey "; �'���✓ �/ , .� V CQPIES: City Commissioners Elizabeth M. Deptula, City Manager Pam Akin, City Attorney C��� DATE: Lobbyist Issue February 27, 1996 CITY OF CLEARWATER OFFICE OF THE MAYOR coNi�s ro: COMMISSION FEB 2 8 1996 Nr,��� CLERK /ATTpRNEy ***�******************�**************************�***�x****** Commissioner Thomas, let rne give you two facts: 1. I support registration of lobbyists. 2. I have not talked to Attomey Akin at all about this issue. If I can make an assumption, which is probably close to fact, for every 15 minutes that I tallc to Attorney Akin, you probably have talked to her for 3 or 4 hours. RG/cb x ; � ; � � � ,r . • ► � ► : ► ► • . 1 ! . ' . AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, REl�1TiNG TO THE FRANCHISE AGREEMENT WiTH TIME WARNER ENTERTAlNMENT-ADVANCE/ NEWHOUSE PARTNERSHIP, TO AMEND THE FRANCHISE AGREEMENT TO EXTEND THE TERM OF THE FRANCHISE FOR A PERIOD OF THREE MONTHS, ENDING ON MAY 1, 1996; PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2084 of the Cit�r granted a nonexciusive franGhise for the use of City rights-of-way to Vision Cable of Pinellas, lncorporated; and WHEREAS, Ownership of Vision Cable was changed and the franchise was duly transferred to Time Warner Entertainrnent-Advance/Newhouse Partnership ("TINEIAN); and WHEREAS, Vision Cable of Pinellas, Incorporated now 'iVVE/AN has submitted a renewal proposal pursuant to the provisions of the Cable Communications Policy Act of 1984 and the Cable Television Consumer Protection and Competition Act of 1992 (Federaf Cable Act); and WHEREAS, additional time is required for discussions befinreen the City and TVVEJAN on a successor franchise agreement; and WHEREAS, in order to accornmodate the franchise renewal negotiation process, the parties desire to allow for the extension of the current franchise and proceed with negotiations under the informal procedures of the Federal Cable Act; and WHEREAS, TWE/AN agrees to the extension of the franchise term to allow for such preparations; now, therefore, BE 1T ORDAiNED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Ordinance No, 6006-96 ` � . . The term of the franchise agreement between the City of Ciearwater and TWE/AN, granted by Ordinance No, 2084 of the City, and amended by Ordinance No. 5943-95, is extended an additional three manths such that the term shall expire on May 1, 1996. All other provisions of (�rdinance No. 2084 as arnended shaii continue in full force and effect. TWE/AN shall operate in the same manner as prior to the extension. Operation in the same manner and under the same terms and conditions include, but not lirnited to, access and local origination operation and funding consumer service and cornpfaint response, and compliance with all public safety regulatians and applicable laws and regulations. Section 2. This ordinance sha{I not be construed to infer that the terrn of the franchise shall again be extended, or that TWE/AN shall be approved as a franchisee of th� Cifi�r beyond the extended term of the current franchise agreernent. Secti�. This ordinance shall take effect immediateiy upon adaption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: L Pamela . Akin, City Attomey 2 Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk Ordinance No. 6006-96 : � �, , r . . A RESOLUTION OF THE CITY OF CLEARWATER, FL4RIDA, SUPPORTING THE ESTABLISHMENT OF A REGIONAL ORGANIZATION OF LOCAL GOVERNMENTS AND CHAMBERS COMMERCE WITHIN THE COASTAL REGION EXTENDING FROM TARPON SPRINGS ON THE NORTH TO NAPLES ON THE SOUTH FOR THE PURPOSE OF PURSUING AND DEVELOPiNG SOLUTIONS TO AVOID RED TIDE AND THE IMPACTS OF RED TIDE WITHIN OUR REGION; PROVIDING AN EFFECTIVE DATE. WHEREAS, on Thursday, February 1, 1996, representatives from many Florida west coast communities and scientific researchers from many areas met for a day-long seminar, hosted by the Town of Longboat Key, in an attempt to find solutions to eliminate the financial, physical and social impact of Red Tide; and WHEREAS, all of the coastal communities within the region between Tarpon Springs, Florida, and Naples, Florida, of which the City of Clearwater is a part, are adversely impacted from the scourge of red tides that reach our shores; and W}-iEREAS, the red tide algal bloom is an act of nature which occurs without warning and without known cause, disrupting the environment, our life- styles, and our health; and WHEREAS, the development of solutions to avoid red tide will require an organized effort by communities affected; now, therefore, BE IT R�SOLVED BY THE C1TY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: �ection 1. The City of Clearwater supports the formation of the appropriate non-profit or other appropriate entity for the purpose of bringing together a consortium of local governments and Chambers of Commerce within the region with the objective of organizing, structuring, funding, and administering a program to develop solutions to avoid red tide. Resolution No.96-21 �,� , . . . .. 1 � � � �ec i n 2� This resolution is adopted to indicate the City of Clearwater's support fvr the forrnation of such an organization and the City's interest in participating contingent upon the adoption of a subsequent resolution by the City approving the organization's structure, financing and administration. PASSED AND ADOPTED this day of March, 1996. Approved as to form and legal sufficiency: � Pamela K. Akin, City Attorney Rita Garvey, May�or-Commissioner Attest: Cynthia E. Goudeau, City Clerk 2 Resolution No, 96-21 � ��ca� �� LV � �'" TOWN OF �... ; t� ��- 501 Bay lsies Road L 1'1 GB K E� � Longboat Key, Florida 34228 0 OAT (813) 383-3721 Incorporated November 14, 1955 FAX 383-7231 February 6, 1996 The Honorable Rita J. Garvey Mayor, City of Clearwater 112 S. Osceola Ave. Post Office Box 4746 Clearwater, FL 34618-4748 Dear Mayor Garvey: COPIES TO: COMMISSION FEB 12 1996 PhESS CLERK / ATTORIVEY On February 1, 1996, the Town of Longboat Key hosted a day-long Red Tide Seminar - STAR'I' (Solutiona To Avoid Red Tide). The conaensus of the participanta was to form a regional consortium of Local Governmenta and Chambers of Commerce to organize, structure, fund and administer a program to develop Solutions To Avoid Red Tide. Enclosed is our Resolution 96-06 in support of such an organization. If your Government would like to participate in this worthwhile endeavor, please consider and pass a resolution, or execute a letter to that affect, and send it to Town Manager Griff H. Roberts at the above address. I, or one of my Town Commission colleaguea, will follow up with a call to your office. Thank you for your consideration. We look forward to hearing from you. Sincerely, Ji atter'son, Mayor own of Longboat Key JHP/cme/abl Enclosure cc: Town Commiseion Griff H. Roberts, Town Manager � �� . . . . . , .,.,e�...,...,..:�.�.:�...--,�,�,,.,,��.,.R _• _.... .. -......._ �^.-.-^^-�--+-- ---�-•....�-..- _.... r.. _. . .. FEH-22- �996 89+1� Fi�?1 ?r��,l MAI.I. l.(l!�'sBUfiT KEY RESOLUTION 96-06 0 �� � 1813462'f.,�426 � � � A RESOLUTION OF Ti� TOWN OF LONGBOAT KEY, FZrORIDA, AAOPTED FOR THE PIIRPOSE OF SUPPORTINC3 THE ESTABLZSHMENT OF A REGIONAL ORGANI7�PiTION OF LOC�iL GOVERNMIENTS AND CHIIMBERS OF COMMERCE W��HIN TiIE COAS�A.L REGION EXTENDING k'ROM TARPON SPI2INGS ON TiiE NORTH TO NA.PLES ON THE SOUT� TO FACYLZT�ITE A CONCERTED EFFORT BY THIS RFsG�ON IN PVRSirYNG AND DEVELOPING SOLUTION'S x'O AV�pID R$D TIDE AND TH� IMPACTS OF RED TIDE WITHYN Ot7R REGION; AFFIRMZNG BY THE ADOPT20N OF THIS RESOLU'TION OUR C'a40D �'AITH EFFORT 'TD PARTICIPATE EQUITA.HLY WITH OTHER ORGANYZAT�ONS TO�RARDS TH3S F�FORT BELIEVFD TO BE AN ACTION IZEPRES�N'iING THE BFS7' SN'�'ERESTS O� OtJR COMNitJNITY; PROVIDING FOR AN fiFFECTIVE DA�'E. . , �iSRRAS, on Thursday, February 1, 1996, representatives fx'om many Flox�da weet coast communit�.ee and scientific xesearchers from many areas met for a day-long seminar, hosted by the Town af Longboat Key, in an attempt to f�.nd solutions to elxm�.nate the financial, physzca�. and social impact of Red Tide; and �F�REAS, all of the coasta7. Gommunities within the region between Taxpon Spring�, Florida, and Nap�.�s, Florida, of whiGh The Town of Longboat Key is a part, are adversely �,m�aacted from the scourge af red tides that reach our shores; and WYiF.i2F�1.S, the red tide algal bloom x� an act of natur� which occurs without warning and w�.thout known cause, di�srupting the env�.xonment, our li£e�styl.es, and our�health; and �iFREAB, the red tiide phenomenon has a major adverse impa�t upon our community and our zegian; and . w��.�A.S, th� devel�opment of So].utions To Avoid Red T�de wi.11 require an organized ef�ort by cornmuniti�s a£fectedf • " :I:ri• � . � . . . � :i� : •f: � • ' � M: • • '�: TAAT: Section 1. The Town�o� Longboat Key hexeby pledges its support to the forrnation o� the appropriate non-pxof.it organization or other appropriate entity for the purpose of bringxng together � con�.oz�txum af local governments and Ghambers of Commerce wi�hin the reg�.on� with the objective of organ�.z�ng, etructuring, fu�di.ng, and administering a pxogram to develop Sa�ut�.one To Avoid Red T�.d�. FEB-22-1996 09 � 09 FRCaM T,�I FiAI,!_ L�IGBOAT KEY TO 1813Q626426 P. 03 Resolution 96-o5(Cont} � �� ._,,, ' ✓ � \ .�'�, Sectfon 2. Thia,Resolution is adap�ed to �ndicate the Town of Longboat Key's �upport for the �ormation of guch az� oxganfzaCion and tbe Towa'a intent and willingnes�.to participa�e baged upon the adoption o� a subBequent resolution approving the organization`e structure, ��.nancing, and administratian. Section 3. Th�e Resolut�.on is alsa beiag adopted ta deCexmirie whether a�her organizations, bath publ3c �nd private, are intere�ted in joining in the support oE suGh future participation �d the Town of Y,ongbaat Key seeks a regolu�ion� leeter o� intent, or other documentation indicating such interest'by ethes gz'aups�or organization� and, further, $eeka names of individ�als to take part in tbe• deteraxination and preparatfon of $uch appropriat� arganizat�.cn to carry foz'th the organizing, atructuzing, £undfng, ar�d admin�.stration oF a�progzam to develop Solutiona To Avaid R�d Tide. ADOPTf3D at a meeting of the Town Commission oF the Town oE Langboat Key on the Sth day of Febzuary, 1996. Attest: . . (����..�L. owa Clerk ' � Page 2 .i�� � ��� , �'r���. ` �•r�r..�► � TOTAL P.03 �A • y''� � ��`�+� . cn+'��,�,f'j 4 7�� ' �;,�&'S ;', 4 t� ���04 �FF� SENATOR JACK LANALA 19th District February 29, 1996 THE FLORiDA SENATE TallaF�assee, Florida 32399-1100 � � �. � COPiE� T� �:OMMISSic'�N MAR � 5 1996 PHcjS CLERK / ATTORN��' � 3/ y ��,L-t- � COMMITTEES: Execut)ve Business, Ethics and Elections, Vlce Chairman Education Natural Resources Transportation Ways and Means, Sub. D (Criminal Justice) SELECT CiDMMITTEE: Waler Policy, Chairman JOINT COMMfTTEE: Legislative Inlormation Technology Resources Rita J. Garvey Mayor, City caf Clearwater P.O. Box 4748 Clea er Florida 3461g-4748 Dear yo . A number of frienda and conatituenta have called me eince the recent announcement by the Florida Department of Tranaportation of their plane to build "flyovers" at several U.S. 19 intersections in North Pinellas County. Concerna have been raised about the diminution of property values, access to businessee, and potential traffic flow problems. While I believe Bome of the concerns are based on incomplete reporting of this plan in the media, and others are being addressed already by D.O.T., I think it would be helpful to have a full presentation by the Department to interested parties in North Pinellas Caunty. I have scheduled auch a presentation for Friday, March 15, at 9:30AM at Dunedin City Hall, 542 Main Street, Dunedin. D.O.T. District Secretary Bill McDaniel will be with us to help explain the Department's plans, anawer questions, and hear your input. I would like to invite you or a repreaentative to participate in this sesaion. Please call my office at 787-8991, to confirm your attendance or if you have any questions. ince ely, � , � / � �Latva, a e ator th Diatrict L/kw REPLY TO: �1 35111 U.S. Highway 19 North, Suite 203, Palm Herbor, Florida 34684 (813) 787•8991 O 302 Senate Ofiice Buikfing, Tellahassee, Florida 32399•1100 (904) 487•5062 JAMES A. SCOTT MALCOLM E. BEARD JOE BROWN President President Pro Tempore Secretary WAYNE W. TODD, JR. Sergeant at Arms i�C�.� • • • 0 �`' s � ;+ a i � � � + , ,' ,� PRELIMINARY AGENDA Cfearwater City Commission Worksession - 9:00 A.M, - Monday, March 4, 1996 Clearwater City Comrnission Meeting - 6;00 P.M. - Thursday, March 7, 1996 Service Awards Convene as Pension Trustees Reconvene as Commission GAS GAS SYSTEM 1. Contract for engineering services for Clearwater Gas System �xpansion to Tarnpa Bay Engineering, Inc., for the period 3/8/96•3I7/99, for an amount not to exceed 5350,000 2. lntergovernrnental Agreernent with FDEP to pr�vide for assessrnent and, if needed, remediation of forrner Manufactured Gas Plant Site located at 400 N. Myrtle Avenue; authorize one tirne payment of $2,504 for cost & expense incurred by FDEP (Consent) 3. Joint Project Agreement & Utility JPA Construction Modification with FDOT to in�tall natural rnains during widening project of SR55 (US19) from Live Oak Street north to Pinellas/Pasco County line, at an est. 5238, 236.72; Res. #96-13 - authorizing execution of agreements for installation and acceptance of new city facilities; authorizing pfacing of funds with FDQT for cornpletion of the utility installation 4. Contract for residential gas meter change out to West Coast Plumbing, Palrn Harbor, FL, for the period 3/7/96-1 /6/97, for an est. 540,000 IConsent) 5. Amend cor�tract with National Meter Parts Inc., Lancaster, OH, to increase funding of existing contract to purchase gas meters and regulators by $1 7,000 for a new est. total of $45,831 (Consent) GS GENEHAL SERVICES 1. Purchase one 1997 Knuckle Boorn Trash Truck from Atlantic Ford Truck Sales, Ft. Lauderdale, FL, for $74,985; financing to be provided under city's master lease-purchase agreement (Consent) HM HUMAN RELATIONS 1. Purchase of hearing assistance systern for Jack Russell Stadium & other facilities to Public Assembly Equiprnent Company, San Antonio, TX, for $29,961.95 (Consent► fM INFORMATION MANAGEMENT 1. Purchase 23 personal computers & related cornponents (for City Hall) frorn Inacom Inforrnation Systems, Tampa, FL, for 565,800; financing to be provided under city's rnaster lease-pu�chase agreement (Consent) 2. Contract to provide personal computer instructors for city ernployee personal computer training project (for city & selected police staff moving to the MSC & Police Buildings) to CornpUSA, Tarnpa, FL, for 5495 per day/per instructor, for a toal of 557,075 (Consent) PD POLICE 1. Re-appoint William Schwob to the Board of Trustees, Clearwater Police Supplernentary Pensian Plan 3/4/96 1 EN ENGINEERING 1. Res. �i96-15 - Dedicating a 10' Sanitary Sewer Easement lying acrass a portion of Country Hollow Park 2. Direction for negotiation of a land lease with the Clearwater Composite Squadron of the Civil Air Patrol for city awned property located within the Clearwater Airpark, a portion of Marymount Replat, part of Tract A, for a term of 25 to 30 years following city pro�edures to declare the parcel surp{us, with 1 st year annual rent of S 1,425 and annual CPI adjustment thereafter 3. Res. #96-14 - Officially reriaming Marianne Street, between Mandalay Ave. and the west bridge of Memorial Causeway, to "PiEr 60 Drive" 4. 5 Year Lease of city owned property at 1435 S. Greenwoad Ave. to Peerless Supply, Inc., W 157' of Lot 7, A. H. Duncan`s Resub., for total minimum rent of � 1 1,460; payable S 191 per month during initial lease year, adjustable annually thereafter with CPI (Consent) 5. Lease agreement with Clearwater Newspapers, Inc., a Delaware Corp. to lease 75 paved parking spaces, to be restriped by city staff, within portion of Blks 9& 10, Aiken Sub., for $750 per month for the period 4/1 /96 to 1/31 /97, with total maximurn rent of $ 7, 500 plus 5810 to erect and remove security fencing, for a total est. $8,310 IConsent) 6. Direction re Memorial Causeway Bridge SW SOLID WASTE 1. Purchase of approx. 363 various sized steel front-end loading refuse containers from Industrial Refuse Sales, Inc., Lakeland, FL, at a total est. $127,580 2. Purchase of approx. 55 two, three & four-cubic yard aluminum front-end loading refuse containers frc�m Boone Welding, Inc., Gainesville, FL, at a total est. $38,850 (Consent) 3. Purchase 16 twenty cubic yard, 17 thirty cubic yard and 5 forty cubic yard steel roll-off containers from Industrial Refuse Sa{es, Inc., Lake{and, FL, at an est. 595,64� (Consenti CP CENTRAL PERMfTTING 1. (Cont. from 2/15/961 Public Hearing & First Reading Ords. #5974-96 &#5975-96 - Annexation & RS-6 Zoning for property located on the east side of Landmark Dr., Sec. 33-28-16, M&6 22.011 1(City / Richard Baier, A95-29) 2. Public Hearing & First Reading Ords. #5983-96 &#5984-96 - Annexation & IL Zoning for property located at 2050 Sunnydale Blvd., Clearwater Industrial Park, part of Lot 2(7uthill Corp. / Hansen Plastics Division, A96-03) 3. Public Hearing & First Reading Ords. #5985-96 &#5986-96 - Annexation & RS-8 Zoning for property located at 1501 Stevenson Dr., Stevenson's Heights, Blk D, Lot 5(James L. Waters, TRE & Zonald E. Waters, A96-05) 4. Publ�c Hearing & First Reading Ords. #5987-96 &#5988-96� - Annexation & RS-8 Zoning for property Iccated at 1301 Woodbine St., Pine Ridge Sub., Blk C, Lot 9 lJarnes L. Waters, TRE, A96-08) � 5. (Cont. from 2/15/96) Variance�s) to Sign Regulations for property located at 2085 Gulf to Bay Blvd., Bamboo Sub. Replat, Lots 1& 2; Sec. 13-29-15, M&B 42.01 & 41.04; and Bamboo Sub., Lots 2, 3, 8-12 fSDS Investments, Inc. / Carlisle Lincoln Mercury, SV96-02) 6. Variance(s) to Sign Regulations for prope�ty located at 715 S. Guffview Blvd., Bayside Shores, Blk D, Lots 1& 2 together with accreted land to south (Lane Clearwater Limited Partnership / Hotiday Inn Sunspree Resort, SV96-041 7, Variance(s) to Sign Regulations for property located at 1501 N. Belcher Rd., Sec. 7-29-16, M&B 22.01 �The Cente� Foundatian / Pinellas Community Center, Inc. d/b/a Long Center, SV96-05) 3/4/96 2 8, Public Hearing & First Reading Ord. #5963-96 - Amending Sec, 42.06, to provide for revised requirement for transfers of development rights (LDCA95-231 9. Public Hearing & First Reading Ord, #5970-96 - Amending Sec. 42. 21, to provide for improved clarity concerning the application of landscaping and parking standards for nonformities (LDCA95-24� 10. Public Hearing & First Reading Ord. #5971-96 - LDCA establishing zoning standards for police substations (LDCA96-01) 1 1. Public Hearing & First Reading Ord. #5972-96 - LDCA establishing "Research and Technology Production" Use (LDCA96-02) 1 2. Public Hearing & First Reading Ord. #5991-96 - Amending Sec. 35.11, to establish a definition for convention center (LDCA96-03) 1 3. Receipt/Referral - LDCA establishing a revised definition for variance (LDCA96-04) 14. Receipt/Referral - LDCA revising the density conversions for nursing hornes and residential shelters and revising parking regulations for nursing homes, residential shelters and group care facilities (LDCA96-05} CM ADMINISTRATION 1. Agreement with Florida Community Trust (FCT), an agency within the FDCA describing activities that wiil be conducted both prior to and subsequent to acquisition of (Boy Scout) Camp Soule 2. One caterer in Harborview Center 3. First Quarter Budget a) First Reading Ord. #6003-96 - Arnending the Operating Budget for Fiscal Year ending 9/30/96 b) First Reading Ord. #6004-96 - Arnending the Capital Improvement Program Report and Budget for Fiscal Year ending 9/30/96 CLK CIiY CLERK 1. Airport Authority - 1 appointment 2. Development Code Adjustment Board - 1 appointment 3. Library Board - 1 appointment 4. C-view Task Force - 1 appointment CA LEGAL DEPARTMENT Second Reading Urdinances 1, Ord. #5969-96 - Amending Appendix A, Schedule of Fees, Rates and Charges for Article XIX - Streets, Sidewalks, Other Public Places 2. Ord. #5976-9� - Land Use Plan Amendment to Commercial General for property located at east & west sides of S. Ft. Harrison Ave. and south� of Woodlawn St., Sec. 21-29-15, M&B 44.08, 44.09 & 44.10 (Florence Pantefes, Peter V. & Michael Gianfilippo, and Oliver & Harriett Ackerley / City, LUP95-35) 3. Ord. #5977-96 - CG Zoning f�r property located at east & west sides of S. Ft. Harrison Ave. and south of Woodlawn St., Sec. 21-29-15, M&B 44.08, 44.09 & 44.10 (Florence Panteles, Peter V. & Michael Gianfilippo, and Oliver & Harriett Ackerley / City, Z95-18) 4. Ord. #5978-96 - Annexation for property located at 1936 E. Skyline Dr., Skyline Groves, Lot 60 �Strohm, A96-01) 5. Ord. #5979-96 - RS-8 Zoning for property located at 1936 E. Skyline Dr., Skyline Groves, Lot 60 (Strohm, A96-01) 6. Ord. #5980-96 - Annexation for pro�erty located at 2209 Arlington Place, Palmetto Terrace, Blk B, Lot 3 (Jaeger, A96-02) 3/4/96 3 7. Ord. �5981-96 - RS-8 Zoning for property located at 2209 Ariington Place, Palmetto Terrace, Bik B, Lot 3 IJaeyer, A96-02) First Reading Ordinances 1. Ord. #6U�2-96 - requiring lobbyists to register and providing for a�nual reporting of expenditures 2. Ord. #6006-96 - Arnending franchise agreement with Tirne Warner Entertainment- Advance/Newhouse Partnership to extend the term of the fra�chise for a period of 3 months, ending 5/1/96 Resolutions 1. Res. #96-21 - Supporting the establishment of a regional organization of locat governments and Chambers of Comme�ce with+n the coastal region extending from Tarpon Springs on the North to Naples on the South for the purpose of pursuing and developing solutions to avoid red tide and the impacts of red tid� within our region Agreements, Deeds and Easements 1. Acceptance of sidewalk easement IClearwater Community Hospital) 2. � Acceptance of utilities easement (Calvary Baptist Church) OTHER CITY ATTORNEY ITEMS City Manager Verbal Reports 1. Update on Drew/19 Interchange Studies 2. Tour of Marshall Street WPC Plant Commission Discussion Items 1. Chamber Sound System 2. Plaza Park 3. Beach Swimming Pool 4. Walker Ford 5. Drafting of ordinance banning Happy Hour in the City af Clearwater Other Commission Action Adjourn 3/4/96 4 COPIES T0: � COMMISS�pn-� FEB 2 2 1996 Memorandum ��C�S CLERK i ATTORNE'r DAT�: February 15, 1996 TO: FROM: RE: cc: b� .�.._.. . a+-� � / , / � . �.�� � � Betty Deptula, City Manager �� " ' � � Jeff Harper, Information Management Director ��� �,. Commissioner Thomas' inquiry re C-View -�» `3f--��-�. Sound System Laura Crook, Carrie Huntley Commissioner Thomas has asked if we are 1ool�ing into separate sound systems in the Commission Chamber. One would be for the City Clerk to record the meetings, and the other woutd be for C-View. The answer is yes. In our discussions with Time Warner and GTE we have discussed their support for our government access channel. A major concem has been the upgrading of the Commission Chambers. Time Warner has had their engineers check the room for video and sound needs. The negotiations are ongoing so the degree of their support is still open. We will also discuss access support in specifics with GTE as negotiadons with them progress. We have not pursued interim improvements in the sound system because a rework of the roorn is planned and it seemed wasteful to do a partia�f�x. The Bordner Report found that 4.5% of ihe surveyed viewers thought the sound quality of the meetings to be poor, while 16.9% thought it was of fair quality; ?7.6% thought the sound quality was average to excellent with the most, 46.1%, saying meeting souad was good. We continue to work with the City Clerk to help her monitor sound during meetings, and we are always working with board rnembers to remind them to speak into the microphones. The system has to be carefully adjusted with a close range to avoid feedback. The C-View task force has suggested some possible solutions for improving sound, some of which have already been tried by Mrs. Goudeau without good results. The best option seems to be to address sound as a part of the overall project that is planned for later in the yea�r. This is what we will be doing. TO: FROM: COPIES: SUBJECT: , .� �n �. ✓ �ly � CtTY OF CLEARWATER Interdepartment Correspondence Siieet R�C',FIVFCI The Honorable Mayor and �ity Commissioners Elizabeth M. Deptula, City Manager Richard J. Baier, City Engineerl�' Kathy S. Rice, Dep�ty City Manage ►= t�s 2� 1996� o��ES ro: MISSIrJN CITY MANAU�B 2 6 �996 Bill Baker, City Manager Scott Shuford, Director, Central Permitting PRFSS �LERK / qTTOkr�` y Plaza �ark - Commissioner Thomas' Request for Review DATE: February 22, 1996 Your requests regarding Plaza Park and Pennsylvania Avenue were forwarded to me to iurther revi.ew. In order to further review the issues at hand (see attached), my staff collected the following traffic data: N/B S/B Averac�e Sp,eed 22.3 21.0 Pennsylvania Aver�ue 24 Hour Volume 339 (Peak hour 34 vehicles) 457 (Peak hour 46 vehicles) The existing posted speed was 25 miles per hour, but subsequent to a meeting with the officers on this route the regulatory speed was lowered to 20 miles per hour. This discretionary speed departs from accepted speed limits for re�idential streets due to the park situated in the center of Pennsylvania Avenue. Although speeding has been reported as a problem, the Police Department Computer Data Base has no record of speeding citations for calendar years 1993 through 1995. Subsequent to several discussions with the Police Department, they have affirmed that they have indeed heavily patrolled the area but speeding is just not prevalent along this section of roadway. A multi-way st�p sign is not warranted at any of the Pennsylva- nia/Plaza, Pennsylvania/Hart or Pennsylvania/Jones intersections. As such, I am very reluctant to recommend to the Commission that these unwarranted regulatory signs be erected. Staff inembers from Fire,Police, Solid Waste etc. had met late last year. P.side from the "timely response to an emergency situation" issues which were raised at that time, there �re several commercial establishments north of the rail right of way which would be directly impacted should Pennsylvania be closed. An aside issue raised by the North Greenwood Community centered around the redirecting of traffic to North Greenwood Avenue should Pennsylva- nia be closed. After many discussions, the throuqh traffic issue Plaza Park � February Z2, Page 2 Request for Review 1996 appears to focus on heavy wheel base 40 and 50 vehicles. I would propose that the City post "No Truck" signs on Pennsylvania Avenue at Drew Street and Eldridge Street. I would recommend that you allow the Police to enforce the newly posted 20 mph speed limit and erect the aforementioned truck signs. Further, I believe a strong police enforcement program will address the issues at hand . However , I wi 11 hold of f on any further action until I receive further Commission direction on March 4, 1996. If you should have any questions or need for clarification, please call me at Ext. 6042. RJB/ns Attachment Pla7J�PK.RJB �' � i� ai ,� s r �F�c`I � �� ee= i�r�+ City Cornrnission TO; FROM; DATE: SIJRJ�CT: CC; P.2i2 , C�fiY 0� CL�ARWATEIZ P.4,.BOX 4748 CiEAR1NATER� FLO�t�.DA 34618-4748 ►�1 �� • ' � �1�I�1� Betty Dcptul�, G�ty Managcs �zed A. ThOrnas, Cc January 23, 1996 Plaza Par� Mayor, Commissi.on COPIE S TO: Cr►r1�,i�SSi(�N .�aN � � �9gs PH;�SS ��ERK / ATTORN�Y ���r3����k�K**x*ys�s�.�r�a�ks��+ri��k��t��+l**+�r�a�a�r*���i�*�k*�s*��r*r��st�kk*�Mr�*�YV��t�rc*ss�r« R�ces�dy, I ha� a met�� at City Sall with I�avid Gricc, PresidcAt of Plaza Park Home Ov4�n�rs A�tion. I wouid like to revisit the strctt closwce c�vironment of Plaza Pac�c. w'a 6id elose st�octs ia two adjactnt neighboihoo�ds sinnd acc:orophshal our purposc af reducin� c�rime and c�ca�ng 1 rafex enviranmtnt, I arn aware that �staff rccvmrnended a:gainst ar�y strett closuxes, but � would like to be vcry focused on one s�acifc str�cet closure iavoh►in� th� �ortb e�sd of 1'trmsylwani� �,vtnue. Th�s street runs tbrough tbe c�ntcr of Plaza ParSc and includes thc F�xks dz Racrta�on buil.�ing and city �rk prope�ty. If t?�is street wGt�e closed at the north end, tbe t�--a.ffic flow would b� raducod in thc Gcnter of t�e deveioprna�t whcrc tho c,h�.tdren ue pIayloE. . Please put this item on the agenda for art upcorning work stssion with staff so that it may ba w • discus9ad, During t�is analysis wc should also iwvcsbgate We. possibility of this action �edire�ting _ traff�c to V'�.n� Street and causing dangtr to the'carnmunity. If this is a possibility, perhaps wo .. should eonsider closin� bath of these strccts off at the northern cnd. . 'Ther� ara no stop signs insid� the Plaza �ark sub-division. Perhaps thc c�cction of signs o� the north/south stxcets would hGlp creatc sa.fety in tho neighborhood. �A�r� . _..._._ � _ - - . ��� � ,� GWKIUtr�t � h 'o � l I 6ot 8 � � 1 � $ 16 � R � � � a 41 � � �o so� �� 6 � � � � 6ot t� 6 11 10 7 6 � 4 3 2 1 62 606 7 2 60 t5 11 2 60 606 � 5 ' QOI i�, 63 eo? 6 �G 3�p! sos 14 4o p� 8 oc. rt• �d -61Z � 9 8 5 3 sot 64 sot 5 4 � sor y3 12 b o A'�w b o o� 9 �O 8 oZ Q�040 � 0� 01 4 O� Q ri � w .. 6S to� i�APL.E ST. �._...{---� � F---i g F---�--�=�---}--'r- -� i_,_�_ _ � 66 eoo � � � � �, �'" `O � ,6 � $ 6,0 aoa 1 � 8� P. P.61 20 19 18 17 16 15 14 13 12 11 b7 N 14 13 12 11 1 9 � i aoa so� • 3 2 �'o �5 2�0, � ao: � ao6 14 S o sos � 3 �T �o � 38 � g N ., 44 � 2 3� 5 6 7 8 9 � 2 4 5 g � ��rs � 4 3 4 soo ^' .� g o �^ b so r $�'° ° soo � � 1.1 � 42 R'j Il2 s � PL.J�A ts o� A � w S� ET o g I tro � � % I � „ . � • � � �!�� ;;� 654321 j•� � � �t 41 6�ro $ �$ s w 4 ��►o Q w rr �09 f/� �� ��oa 13 14 ( 5 16 17 18 2 10e 2 A � �oy � 39 8�o v vooz , �►. 3�oe ( ►-� � 38 g�n� �oa 9 ,� �o� Q � a � � 37 � ��ot 12 11 �� � g 7 5 �oz 36a 1 �o! Q °o o w 6 � 100 A q q� q q g HART � il-.°' 35 12 s10 �� $ a $ � 1 Jf0 sn � 34 13 sva oa 14 15 16 17 18 2 soa � � 0 � R»vx+ 14 sae 07 C 3 sos � ,� z-o • a 15 so� a � e 32 W, z„, 0 4 �`s�• z soa 31 16 �z s so� 9 8 7 5 sos Z �C 3 � » � ar � � q � s 2 JOrV ES ( �9 1� �0 G� w V' � w a �Q 4 2G 7 / 64 2$ 19 ,� 20 19 18 17 16 L,. 14 13 � 2 i 1 < 6 27 20 � 15 ,�� � 66 �Q 21 � „ss- w�- �u� A �� -�os i�n zaa � ,s�s- �io ,�a �16 2 3 4 5� 6 7 8 9 0 Z 6 2�J �24 �.3 �� pO �y '� �o e0 4 w O��i q � � � 8 � � �� a $ � $ $ A �o.S � —.- �.. � _ _�_______ SR. 520 ...._ � _ ItIS-� h ���3-�+�.. ..+1T-aT+pj •A 0 0 � p o „ � m �� �,,r�- q'! p A �b b b w $ 2/031 5$4 3 2 4 � 2 4 � o a ., �,, . 22 /03 _ _ 5 STREET $ STREET g Ery t2�L-111 �12.13-11J p�120�-13J� h t -� w w ,� � w2oO�i .':7�fziTSZ!r:-�. ... �.'-�-��.-.�_ .�.._�- �.�....__.�..�.._.�"...�.-�.- _.._.� .. '-�t71 ^�MT'1��tt';v7r.�� '(�' Vj`�+. r:: T'• "•,' � �� � � February 24, 1996 Mayor Rita Garvey � ��'�'� M City of Clearwaier P.O. Box 4748 Clearwater, FL 34618-4748 Dear Mayor Garvey: COPIE : YO: COMIJI�SSION F Eg 2 6 1996 pnt5s CLERK I ATiORNEY I am writing on behalf of concerned Clearwater Bea.ch, Sand Key and Island Estates residents to inquire about the status of the promised new public swimming pool to re�place the now non-existent Pier Pool. The history of this issue si;arted in the summer of 1993, when a grotip of residents banded together to communicaLe with Clearwater island citizens, civic associations, elected officials and city staff regarding their oppvsition to the proposed demolition of the Pier Pool. Eventually, the city created a plan to replace the Pier Pool and surrounding buildings with an open air pavilion, picnic area and landscaped playground. While everyone agreed that the buildings which encompassed the swimming pool were unattractive and blocked a potentially beautiful vista, the pool represented a valuable recreational resource for full and part-time residents, as well as tourists. Supported by citizen petitions, the island civic associations, and concerned beach businesses, our group of island residents urged the commission to integrate the Pier Pool into the new recreation concep� Members of our group were heard at the August 18, 1994, Clearwater City Commission mee�ting regarding this issue. While deciding to demolish the Pier Pool, the commissioners voted wisely to build a new pool at the Clearwat�er Beach Recreation Complex, located o�'the valuable beach frorrt. and several blocks north of the Pier Pool site. A,i thai meeting (well a.fter midnight, August 19), beach and island residents were assured by commissioners that a replacement sv�rimming pool would be built in "no later than two years." As a resuh of that commitment to a city swinvning pool for Cleaxvvater island residents, our group agreed with the decision to demolish the Pier Pool. Looking to the future cornple�tion of this new beach asset, I'd like to suggest naming the new pool in honor of longtime beach resident and civic aciivist, An�ne McKay Garris. �� � We concur with and respect the Clearwater Commission's equitable compromise to build a new pool at the Clearwater Beach Recreation Complex. Now, however, as construction of the open air pavilion, picnic area and landscaped playground has be�un at the old Pier Pool site, we have heard nothing concerning the plans or coristruction timeline of the nev� swimming pool. As you rnay irnagine, our group, and all island citizens, are eager to learn of the progress and construction tirnetable for the new pool. .Any information you may be able to comrnunicate with me regarding this issue would be appreciated. Sincerely, Kathryn E. Koenig ______ c. A. M. CFarris R. V�ilson �. �Q �'� �� � ��a` Q � ����o �� FEB 22 'S6 02�SEPM City Corn�nission TO: FROM: DATB: St1BJECT: � +-' .__i__- P,2 c�z� aF c�.�wA� P.O. �OX 4748 CLBARWATE�, FLO�A 346I8-4748 �:r� • � - � � Betty Dcptula, City Manage� Frai A. Thomaa, February 22 � 199! W�lk�x �ord CC: Mayor, Comrniagion COPIES TO: GOMMISSION FEB 2 3 1996 rKESS CLERK / ATTORNEY .*�****��**�*�****�**�**w*��*�*�*w*«*�w*w�****�**«��*�***��►�+r�**��*«*��*�***�� Even thou�h it violatcd tha City of Clearwater'� policy� at the last woark sess�on, tho City Commission �ave a can�nsus of eppr�oving Wal�o�,t Ford to bava thc wr�c3d.ng contract for the City of Qe�water. We discussod this isaua and atated sir►co Wa1�c� �ord was on the edge of tha city, it was closo enou�h and staff supported iG We had no detaila et ths me.etin8. Sinea iefiuning back to �own, I read a ktter frorn Dewey Williams to Sicl Kloin. Thia letter was a result of a request by Commis,�oner �rfleld whese this issue was turnod down for th� spGCiSc reason that the Police Dtpartment did not feel Wa13c�ear Ford qualifiod, Tb.i,s refer� to a letter dated February �th, rhat letter ehould have b�en mado public at �hc me�ae when we had the discussion. LatEx there vvas another lett�c from Sid Klein to Fran�c Wall�er stat�ng that the Police Depart�nent had r�valuated thdr pos,idon.. This is an undat�ed lette,r so I drua't ka�w whcn it went o�t, wt� �� �� �ost i� �n�r r�y� � o��y's hands are all ovar tb3¢. I have a lett�r dated Ftbruary 12th to Rita from Fra�tk Wallt�c' whtt� he i� glvin� he►x a polidcal payba.ck as a tesvlt of his comp�ny now bei.n� put on the rotation li,st. H� gve,� suggeated putting her nanu on a�iarit ilashin� si�n w]ii�ch is illegal in the GYcy o� Clearwater and a sign that Rita Oarvey has refused to ever consider for iho City of Clearwater. This is all going to be part of tho n�ayor's campeign. 'Y'his srnell�s rr:al bad to me, i believe this should be up t on the agcada again. There is no way that any elected oPt�aal in the C�ty of Qeanvater shvuld sc11 the �ity'a busine�s for polidcat favori�sm. I don't lanow whether the mayor did or didn't do �t, but the evideace on the surface te,lls me that aho was deeply involved� bchi.nd the scenes� ' with staff ove,rridi�� lower level oi�icial9 in tho Po1�Cx Dcpartment and having th�s issue bend the rutes of the dty. 'I`he Gity of Clcarwater should be above the prac�ca of having an elected N�ayor u�e her office for poli�lcal gatn by using tho bus�ness of the dty to s,nrich an e,xisdng nanquallfying campany for the dty'e wrecker basiness. 1 a].so would tik,e ta lmow exactly how many dollars of busines� Walkcr Pard will .$et becauso of thi� action. 0 FEB 22 '96 02�56PM P.3 February 22. 1996 ,. Pa�e 2 Thc last ti�ne i looYed at thc Ci�wa�er Clty Po],ice De�ar�nar�t, they wrra involved in maldr�� "litoral" decisioc�s about the law. S�nco the Chief a lettat atates that it does not moet tho litrornl in�rpretadon of the contract, it �eems to me to be a vcry blsck and w�ite issue. VYo bent tha rulea when on thc surtace it ia political �ay back for a sitking rnayar. Hnelosure (1) Letter frorn Dowey Willianss to Sid Klein &�losure (2) Lettar from Sid K1ein to Prank Walloo� Faclosure (3) T,,ctter frorn Frank VValk�r to Itita (3ravey FAT/jt� 0 n 0 0 _ r' . 1 0 � i i ; , � ! ; f t � � j FE8 22 'S6 02:S7PM ��f��, � �d �� � �'Fv eM�'� 17568 �J.8. 1_9 North, Cis�rwater� P1._346Z4•861� PHONE 181�i �36-FORO � 1'AMPA (813► 2Z3•4819 Februa�y 12, 1996 Rlta Garv�y Mayor of Clearwate� City of Clearwater P.p. �ox 4T48 Ciearwater, F! 34618 De�r Rita: COPlES TO: OOMMlBSION FEB 15 1996 PkiSS CLfiAK i AT1'4RN�•y P.4 Thank you v�ry much for what �yau d�d to� rne and Wa�k�r Ford Co. by pettin9 us back on tha Gi�arwater Pol{ce Dept.'s rotaticn wrecker 116t� i ap�redate it very much. C6nc,ernlnQ your campal�n, rny wl�e and t would rke ia put signs in our yard �nd also put somethinp on our messa�e board to $upport you. Plea�e hav� sornaon� canta�t me A. S.A. P. �lgain Ri1a, thank you• You're the 8eatll Slncerely, � «-��� �' �Ja���... � Frank A. Walker Vice-Preaident Q �'�Q �'l�a�J� Qn1 �p �ct�� a c�ifi``Q ��E v 0 . FEB 22 'S6 02�57PM .. 'I�Os Sid Kldn� Chie1' af Po13Qe FR4Ms Dcwey Wilitam�, l�Puty COP�.gs 5�� Oci!'Rth, F'�te S V f7�+�r i= R�i�LIV[l il�i •�i1i�W F� DA►z'�.s February s,1996 � / f �1.�/� V � `..1r / ti / A�.�'� "+ +..�. • � "�'t,i� F . 5 CtTY �F �L �1TER lnterdepartment Correapondence Sheet �r cnp��s ro; . con�MissioN r.t •"'�0�+1996 F'htt�b CGEFiK / ATiOANEY Att�ched is a letter for your ai�,rt�ture to Mr. Franh walicer at Nl�]oer Ford� ind3p►ti�g our �cceptanc� vf V�ts�t�oet Ford �a our Wrecic�x Rot�t%» x.i=t, This letur is a foilow-up to my conversadon with yoa z+egard�g tha tesephone ca1.! I roceivod an Wednosd�y� January 31,19�96 fram May�r (�arvty. You ahould �iso S�now that approz�mately two weel� ago, Commiasion� Barfleld cal3ed �uty �hief �stridgo �tsldn� tho �ame qvestion thAt tha M&yar �aScad of rr� thls waek. In that c�� I�eputy Chit! Eastridgs rafer�red C�a,nmiss�onor Berfl�Id to S+�eant axiftith who spobe witb bar and gavo ber the background orj the program �nd the reason WA1Saer Fo�d hs�d noc been L�ciuded (whic� is becausa W�iker Ford is not w�thin t�e City 1lmita, no� ara thmy withln an a�clavo). Ac�ot�in8 ta Serg�nt Grifflih� Commissionet Berfiold indit�ted li�at thid �nRde sertse bo hrt, thanlced Serge�t {3riffith for tha iniorn�xtion, And we heard nothing more unHl tiu M�yot c�tlled on WednesdAy of fast week. You may want to brlaf the City IN�nages on ttils and copy the letterer to Gomrn�aslonar BorBald and Mayor datvey, Ser�e�ant Gciff�th !s in t?�a proasa of pr�eparin� tha contract docunya�ta aad relatod p�p�work to add W�l.jcer �rord to the lls� DM1�VInC Attachment . N . FEB 22 '96 02�57PM . � Ottic• ot Iho Ghi�t � Mr. P,r�nk �, WaJker Walker Ford 17556 US 19 N, Ciearw�ter, Florld� 34624 De�r Mr, walker 6 P,6 � 0 CITY 4P' CL�ARWA'I'�R DdPAFI'fMfENT Of MGI.IC! d�1a PI�ROE aTRfidT CL�AAWI1TEFi, �LORibA �as�e•s��s (���� �aZ•e��o . ' M / • � .•�� , We h�va r�-evaluated your appiicalion to be placed on tha Cl�ter Po1I�e Department'a rot�t�on wrecker l�:t. I have dceid�d to fnclude you in our rotalton� even though your busines� is located �i rnile south of tl�a Ciea,rwater city limit�, Althou�h Walk�r Ford does not meet tha liter�l �nterpretation of our �ontract, I belleve your ; iirm das fall withtn lhe intent of our cantract. One ot the pr�mary purposes of thla contraet ' is to further our gual of providing quallty customes servlce to our customers. the citizen= o� Clc,arwater. I'm �ure, ainco you also aro in � customer urvjcx orienled business, th�t you can appreGiate our concerns. V��lker Ford has never baen a prablern for the Cleuwatet Police Department �nd we Iook f9rward to doing bu;iness wlth you 1n the �ulura. 1f you have any queslions, plcase iael free ta c�ll my ofiice. ,. Slncerely� ����� ; sjn xL�H Chief of Po�ic� SRK/d16 �� 0 .• ! City Commission T(a: PROM: COPIFS: DAT'E: RE: � �� � � CITY OF CLFARWATER P. O. Box 4748 Clearwater, Florida 34b18-4748 u��.0 • : : ►�� !.� B�et�Y Deptula, City Matzager Fred A. Thomas, Commissionex Mayor and Commissioncrs March L, 1996 I:Tappy How COPIES TO; COMMISSION MaR o i �s�6 NHtss CLERK / ATTORNEY «***w�**�*�***�*****�w*+r�r�**�**��**««�*«****�*«+�«�rs«a���**�***���s�*�+�«��*** - On November l3, 1995, thc Commission discussed bannwg •Happy Hour". Subsequently, a cunsensus decision wa� to write to the County supporting banning "Happy Hour', �t now appaars that the County is not going to touch this topic and bad dcfc�rcd it to �ach muniaipatity to do what they think is best for their community. We have an obtigatian to pmGoct our citiza�s and visitors thoughout the county� arui cspocially while they are in aur City. It would �rta�inly be more prudent for the County to mak� a county- wide ban on 'Hagpy Hour'� but since they will not take this up, we should do eve�rythiag i� ow power to pror:ec�t poc�gle from intoxicat�d drivcra. , Please put this on the Monday agenda for Comrnissio�► discussion, and tfie dr�a6ng of a�t ordinanoe banning "HappY Hour" in the City of Clearwaber. ` � , FATJrk � , ::,. n �`��`'�, �.1 � - � �97� �ER,C� _� 4 '"� CLEARWATER CITY COMMISSION -�� Agencla Cover Memorandum f r , � I t em tt ���� ' �,., (�'Meeting Date �k"� � �,7 L . _ �'� ��� ° � , t� �' � SUBJECT: Direction far leasing clearwater Airpark property. RECOMMENDATION/MOTION: Direct staff to negotiate a land lease with the Clearwater Composite Squadron of the Civil Air Patrol of City-owned property located within the Clearwater Airpark, legally described as a portion of MARYMOUNT REPLAT, part of Tract "A", as more fully described in Exhibit "A", for a term of twenty-five to thirty years following City procedures to declare the parcel surplus, with first year annual rent of $1,425.00, and annual CPI adjustrnent thereafter. SUMMARY: ► The Civil Air Patrol (CAP) t�as GO senior members, one plane provided by the Air Force, is "on ca11" by the Air Force and the State in emergencies and for search and rescue missions. The squadron flies weekend "Sundown Patrols" over the G�alf to locate boater5 in distress, and trains teenaye cadets in ground crew operations and communications systems. ► The squadron is interested in leasing the 24,829 square foot parcel along the south side of Grand Avenue (EhHIBIT "B") to construct a hanger/meeting/training facility with base dirnensions of 50 X 80 feet at an estimated c�st of $200,000 - $250,000 (EXHIBIT "C" - 3 �ages). ► The CAP would pay to remediate ]..:�ndfill underlying the proposed lease premises, and all operational costs during the lease term, including taxes, maintenance and insurance would be borne by the CAP. ► Action to negotiate the proposed lea�e, upon Cornmission approval, would obligate a portion oi Airpark property for 25 to 30 years. The City would own the building upon termination, or buy the improvements if recaptured sooner. ► The entire Air Park land and irnprovements were evaluated for the City by Amy B. Mullaney, MAI, on November 30� 1995. Her conclusion of land value was $25,000 per acre. The evaluation report states prudent investors require an investment return of 5%. The City currently earns 5.7% on cash pool funds. Equivalent rent on the $25,000 parcel value is $1,425.00 annually, the � proposed initial year rent. > In its October 9, 1995 meetiny, the Clearwater Airport P.uthority reaffirmed its belief that an Airpark site should be provided to tlze CAP for minimal consideration (EXHIBIT "D"). � Reviewed by: ; i i i ; ; Oriyinating Dcpt. ; Costs: N/A i Comnission Action � � tegal c;,"�� ; Engineering /� i � � � —� � / . �. ; (Current FY) � Approved ; i Budget N/A � _i i i ' i lS�er Dept. ,� � FUnving Source: i Approved i ; Purchasing N/A � , i � w/conditions ; � � i C�pt. Inip, i i i Risk Mgmt. N/A ; .; i Denied ' � � AdvcrCised: ; Opera*iny ; � � 1S N/A � ; i Cont'd to ' � � Datc : i Othet• i = i ACM _ i � ; i i � r � P�per: � i i i ENG. �' ; ; APpropriation CodeC�) ; Attachntents: ' ' ,/ i Not rc�yuirr_d X _ i i[Xhibits "A through "D" i � OTHER +" N/A ��� �__� � � � _ ' � Af fcctc�d F�nrt ic� � � j SSukxnitted by: , ,-� ; fl(?II f1E?tI -i � i I � �� ' i i i � City Manager�' �,(,� -. /�u-G��t• Not r•cyuired X -i i i � � �. i i - CA F�. A t�r7 � _... _ �. E�3113IT ��A' Legal Description MARYMONT REPLAT, Part of Tract A, from the Southwest corner of Hercules Avenue and Grand Avenue, run West 811 feet for the POINT OF BEGINNING; then South 95 feet; then West 237.84 feet; then North 25 Degrees West, 105.58 feet; then East 283.9 feet to the POINT OF BEGINNII�G. Containing 24,829 square feet, more or less. � i , �' :� � �� � TRACT I A n (o O � � O � (�., �leel Mointenonce P.O.B. N89'21'O�i�w�ND � N89'21'07"W 0 283.90' a �n 230.00 s . c,o � u) � S � -' �. S89'21'07"E o -``' 0 �� 7 i7 RA' �� ` � OO �_o � S IT'E !� �vENUE 89'21'07"W 434.80' IOTE: Tiiis is nol a survey! Clearwat�r nirpark , TRACT n \_ . ._-- E�:I-IIBIT '�8�� W � w > Q i 3/o7t 13/08 13/OB1 13/14 TRACT B � � � � �, N � N u v :" � �' 13/15 � w a� o `n c o a� z 145 20' �' N89'19'10"W w —� v� . u� o � O o N89'1 ' 10"W ° `n 50. �' 0 z (/� W � � U f1_ W _ s . � : ,� . ' . , . � 0 � � s i. . � � . i 4 , ,� 1 ` �. � T.� lrT.�7721'i` I � C 11 0 � , + • I ��1 1 � 0 � 1 �k_�_ �- � � � �1 i � � � t � � � _ a .� ; �. E�I3II3IT ��D�� Clearwa�er Airport Authority J�loncla y, October 9, 1995 The Clearwater Airport Authority recognizes and appreciates both the tangible and intangible concributions that the Clearwater Composite Squadron of the Civi I Ai r Patroi makes to our cornrnunity. They are always standing ready to provide their assistance and expertise in times of emergency or when search and rescue operations are needed, At their own expense they maintain a vigil during the busiest t+mes of the week patroliing the coastal waters for boaters in distress. They are cal led out at any tirne of the day or night to assist in the search for downed aircraft or rnissing boaters. Additionally, they invest many volunieer hours in the lives of our local teens providing knowledge, guidance, and experience to the Cadets in their squadron. Their presence on our airport is an assei that many (ess-iortunate airports would love to enjoy. A monetary value cannot be placed on the professionalisrn and safety that they impart to our city and its aviation community. The Clearwater Airport Authority has previously voted unanimously to provide a site on the airport for the CAP to erect a building frarn which they rnight better accomplish their rnission. We now wish to further clarify our belief that such a site should be pravided to them at no ! ittle or no charge. They wiil be assurn ing the entire cost of erecting and rnaintaining their building. To further charge them for tl�e privilege of serving our community and our airport is truly inappropriate. The Clearwater Air�port Authority asks the City Manager's ONice to negotiate and execute a long-term lease with the Civil Air Patrol for the site we previously approved, as inexpensively as the iaw perrnits, as auickly as possible. 0 „,,,,,,,,,,,, ,��' S�,�l�� �. i r�'% �' j` , �,~. � �: � � :c7 -- Q: . ` 9 � �,� ��� . ` =-`�ArER`� �� -� -.,,,,,,,,,��, February 12, 1996 C I T Y Mr. Brian Smith Executive Director Pinellas County MPO 14 South Fort Harrison Ave. Clearwater, FL 34616 Dear Mr. Smith, Y _ � ..�l�{ w,�k-S ��=��� O� C L E A R W A T E?f�. C�P�ES TO: ��MNIISSION �B 2 g 1996 F P K�SS G��RK � ATj�RNEY POST OFFICE BOX 47<e CLEARWATER, FLORIDA 3461e-4748 RE: SR 60 -- Memorial Causeway Bridge PD&E Study WPI No. 7117181; SPN 15220-1599 Request for an Amendment to the Long Range Plan & "Prospective Project Overvi�w Presentation” R�C�IVEQ �= r� � 2 7 �996 �:;iTY �ANAG�R Our Consultant, HDR Engineering has initiated the Memorial Causeway Bridge PD&E Study. On January 11, 1996, Lany Weatherby and Tom Thomson of HDR met with Ramon Solis of your staff to discuss the schedule for the plan amendment we discussed in our previous meetings and my letter to you dated December 8, 1996. Attached are coPies of the meeting summary and my previous correspondence. MPO Long Range Plan Amendment My December 8, 199�, lerier anticipated having the plan amendment ready for the MPO at its March 1996 meeting. After re-examining the required effort, and because ow study will provide most of the data needed to evaluate a plan amendment, our consultants, in consultation with your staf� beiieve a mid-summer public hearing schedule is desirable. Holding the public hearing when the pre-draft State Environmental Impact Report (SEIR) is complete is the best time for a public hearing presentation to the MPO. The pre-draft SEIR will have a complete analysis of the impacts of the alternatives under study. Considering the current schedule, the pre-draft SEIR would be complete in July 1996. Considering this, I suggest a public hearing schedule of July or August. I will update you on the status of our study no later than May, «�ith t;�e intent of confirming an exact date for the public hearing at that time. Praspective Project O��ervicw Presentation We propose to have a prospective project overview presentation at the March l3, 199�6, Pinellas County MPO meeting. The concept for the presentation is to make a brief presentation to the MPO, followed by an open house. The open house would be set up in a room in the same building as the MPO meeting at the Pinellas County Court House. I � 'Equal Empioyrnent and Atfirmative Action Employer" Mr. Brian Smith February 12, 1996 e = �1� � understand that you have some concems about having a presentation to the MPO for this particular pro,�ect. The purpose of this presentation is no! to receive an endorsement from the MPO to support a new bridge alignment, but to sirnply let elected o�cials and citizens know that the study is underway and to encourage people to be involved in it. Since the MPO board is the center of transportation planning and policy for the county and has the role to facilitate communication about transportation projects of interest to elected officials, we believe it is the most effective way to cornrnunicate the purpose and results of our study. Please let me know if the date suggested is available for our presentation. We would like to begin organizing the logistics of the prospective project overview presentation and open- house as soon as possible. We are available to meet with you at yaur convenience to discuss the detailed work plan, approach, and schedule. Thank you for your assistance and consideration of our request. Sincer ' ard J. F C' y Engine A�tachments (2) cc: Mayor Rita Garvey City Commissioners Elizabeth Deptula . sn�o2i�,noc Page 2