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08/03/1995 , . (.i.. i.... , " .~ ~: ) ,.. ;', '.i. :,'. ,,' ./":,' , ;\"'-,.. , :'~ c. '.' .' '..(' , ~. .' ", , . ~ . ...,.,...,......_..0- ,... < , }' ' . '1, ~' . ..". 1...-' . " ,. ,.,1, " ., " '" '0' ~~. .,.' . ;." ~, ....... ,~...,~, .~ ,.'~~.~ ,<< >...... " . ",. ....' .. .. . ... .. , '. ' , . . - , ~ ' . ' J, DATE .' F,9~g ..~;..-.'... ,L"",!~""".""-"'''+ .. , . . .......-1.-_..._......,,'... ~..,,:. ~.~. ,'. ,j AG.EN',DA' y-~~~ 95 ITEM #' I ',' 1 I I 1 i I , ...J ., "i 1[' , , ' ;.~". ~ , ~"J't; , ~.i)F ::-i~~~1',>~~~)-~.,~ I_"".~ ~~ . ',:J-,~:. ..',' ~..'. ~, "J'~.~ "',"'I~~ <".' p," ",0, :, ~ , AGENDA DATE-1- ~,? 95 - F 9.:< r ", ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, August 3, 1995 - 6:00 P.M. - Chambers Welcome. We are glad to have you join us. If you wish to speak please wait to be recognized, then state your name and address. Persons speaking before the City Commission on other than Public Hearing items shall be limited to 3 minutes. No person shall speak more than once on the same subject unless granted permission by the City Commission. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING, SHOULD CALL 813/462-6684. 1. Assistant City Manager William C. Baker. 2. Mayor. 3. None. 4. None. 5. a) Report given. b} Award presented to U-92 Radio. Letter of Recognition presented to John Chittenden for apprehending & detaining strong-armed robbery suspect. 6. Approved as submitted. 7. Nicholas Papadopoulos requested an opportunity to make a proposal for the Harborview Center 3rd floor restaurant. I I Ii I I . i 1 . Invocation 2. Pledge of Allegiance 3. Service Awards 4. Introductions and Awards 5. Presentations a) Update on Chamber of Commerce Activity b) Annual Parks & Recreation Appreciation Award 6. Approval of Minutes - Regular Meeting 7/20/95 & Special Meetings 7/17/95 (attorney/client), 7/26/95 (Beach Issues) 7. Citizens to be henrd re items not on the Agenda (maximum of 30 minutes) PUBLlCREARINGS All individuals speaking on public hearing items will be sworn-in. Not Before 6:00 P.M. Variance & Rezoning public hearings: Staff states and summarizes reasons for recommendation (2 minutes). Applicant presents case. Witness may be cross-examined (15 minutes). Staff presents further evidence. May be cross-examined (1 0 minutes)~ Public comment (3 minutes per speaker). City Commission discussion, and may question any witness. Applicant may call witnesses in rebuttal (5 minutes). Conclusion by applicant (3 minutesl. Decision. 8. Public Hearing & First Reading Ord. #5873- 95 - CG Zoning for property located at 1969 Sunset Point Rd., Pinellas Groves Sub., SW 1/4, part of Lots 1 & 2 (Sauder, Z95-03) 9. Public Hearing & First Reading Ord. #5874- 95 - CPO Zoning for property located at 705,707.709 & 711 Jasmine Way, Magnolia Park, Blk 31, Lots 2-5 (Smolensky and Kornreich, Z95-04) 8/3/95 8. Approved. Ord. #5873-95 passed 1 st reading. 9. Approved. Ord. #5874-95 passed 1 st reading. 1 1I..,..h0l('_ '. ~" .: ',' 10. Variance(s) to Sign Regulations for property located at 25749 US19N, Cypress Point Shopping Centert Lot 3 (Home Savings of America, SV93-68) 10. Approved 37 sq.ft. a~ea variance to allow attached signs with a total area of 163 sq. ft. Administrative public hearings: Presentation of issues by City staff. Statement of case by applicant or representative (5 minutes). Commission questions. Comments in support and in opposition (3 minutes per speaker). w Commission questions. I Final rebuttal by applicant or representative (5 minutes). Commission disposition I I' I 11 . Public Hearing & First Reading Ords. #5870w95, #6871-95 & #5872-95- Annexation, Land Use Plan Amendment to Residential Urban & RS-8 Zoning for property located at 109 Meadow lark Lane 8, Bayview City Sub., Blk 2, Lots 1 & 2 and abutting alley to South (Kadlec, A95-14, LUP95-1 6) ! , ; 1 2. Public Hearing & First Reading Ords. #5875-95, #5876-95 & #5877-95- Annexation, Land Use Plan Amendment to Residential Low & RS-8 Zoning for property located at 1531 Stevenson Dr., Stevenson's Heights Sub., Blk B, Lot 7 (Booth, A95-15, LUP95-17) To be Cant. 13. Public Hearing & First Reading Ords. #5878-95, #5879w95 & #5880-95- Annexation, Land Use Plan Amendment to Residential Low & RS-6 Zoning for property located at 412 Oakmount Rd., Oakmount Sub., Lot 2 and abutting r-o-w (Clark, Jr. and Warren, AS5-17, LUP95-19) "14. Public Hearing & First Reading Ords. #5881-95, #5882-95 & #5883-95- Annexation, Land Use Plan Amendment to Residential Low & RS~6 Zoning for property located at 1236 Kapok Circle, Kapok Forest, Lot 14 {Sario and Hassell, A95-18, LUP95-201 8/3/95 11. Approved. Ords. #5870-95, #5871-95 & #5872-95 passed 1 st reading. 12. Continued. 13. Approved. Ords. #5878-95, #5879-95 & #5880-95 passed 1 st reading. 14. Approved. Ords. #5881-95, #5882-95 & #5883-95 passed 1 st reading. 2 " , ".. : ~ ~ ~ ., 15. PUblic Hearing & First Reading Ords. #5884-95. #5885-95 & #5886-95- Annexation, land Use Plan Amendment to Residential Low & RS-4 Zoning for property located at 1238 Brookside Dr., Meadow Creek Sub.. Blk C, lot 10 (Coulter, A95-19, LUP95-21 ) 1 6. Public Hearing & First Reading Ords. #5749-95 & 5750-95 - Comprehensive Plan & lOCA's re PPC Consistency Program 15. Approved. Ords. #5884-95, #5885-95 & #5886-95 passed 1 st reading. 16. Approved. Ords. #5749-95 & #5750-95 passed 1st reading. Public Hearing. Second Reading Ordinances 17. Ord. #5832-95 - Annexation for property 17. Ord. #5832-95 adopted. located at 2965 Sunset Point Rd.. Sec. 5- 29-16, M&B 14.17, 1.02 acres m.o.l. (McMullen, A9S-0?) 18. Ord. #5833-95 - Land Use Plan Amendment 18. Ord. #5833-95 adopted. to Residential Low for property located at 2965 Sunset Point Rd., Sec. 5-29-16, M&B I I. 14.17, 1.02 acres m.o.!. (McMullen, LUP95-08) 19. Ord. #5834-95 - RS-6 Zoning for property 19. Ord. #5834-95 adopted. located at 2965 Sunset Point Rd., Sec. 5- 29-16, M&B 14.17, 1.02 acres m.o.l. (McMuUen, A95-07) ~ 20. Ord. #5841-95 - Amending Ch. 29, relating 20. Ord. #5841-95 adopted. to occupational licenses (re tax structure l and appendix A, Fees,' Rates & Chargesl ~ 21. NOT PUBLIC HEARING - Res. #95-52- 21. Res. #95-52 adopted. I dissolving the Occupational License Equity Study Commission I 22. Ord. #5860-95 - Amending Div. 18 of Ch. 22. Ord. #5860-95 adopted. I 40 ~ providing for revised requirements for j the North Greenwood Commercial District; , , Amending Sec. 41.053 to address conditional use supplementary standards for 2 conditional uses in the district 23. Ord. #5861-95 - Annexation for property 23. Continued to 8/17/95. located at 1528 Stevensons Dr., Stevenson's Heights, Blk A, Lot 20 (Rowe, A95-12) To be Cont. to 8/17/95 24. Ord. #5862-959 Land Use Plan Amendment 24. Continued to 8/17/95. to Residential Low for property located at 1528 Stevensons Dr., Stevenson's Heights, Blk A, Lot 20 (Rowe, LUP95.14) To be Cont. to 8/17/95 8/3/95 3 1. r~...._, , ... 25. Ord. #5863-95 - RS-8 Zoning for property located at 1528 Stevensons Dr., Stevenson's Heights, Blk A, Lot 20 (Rowe, A95-12) To be Cant. to 8/17/95 26. Ord. #5864-95 - Annexation for property located at 1317 Woodbine St., Pine Ridge Sub., Blk C, Lot 5 (New Zion Missionary Baptist Church, A95-13) 27. Ord. #5865-95 - Land Use Plan Amendment to Residential Low for property located at 1317 Woodbine St., Pine Ridge Sub., Blk C, Lot 5 (New Zion Missionary Baptist Church, LUP95-15) 28. Ord. #5866-95 - RS-8 Zoning for property located at 1317 Woodbine St., Pine Ridge Sub., Blk C, Lot 5 (New Zion Missionary Baptist Church, A95-13) 29. Ord. #5868-95 - restricting the practice of "cruising" or unnecessary repetitive driving 30. - Special Items of widespread public interest - None. 25. Continued to 8/17/95. 26. Ord. 115864-95 adopted. 27. Ord. #5865-95 adopted. 28. Ord. #5866-95 adopted. 29. Ord. #5868-95 adopted. 31. Citizens to be heard re items not on the Agenda Kaz Rolewski expressed concern that loss of tourism has resulted in foreclosures on beach motel properties. Ken Rosenow thanked the Commission for holding beach related meetings and complimented the new City video. He said Northwest Airlines will cooperate to increase tourism to small beach hotels. Marvsia Coates expressed concern regarding lack of signage designating Clearwater on highways from Orlando and Miami. . Georaette Gillis said the local motel market is depressed. She expressed concern that the European market is not familiar with Clearwater. CITY MANAGER REPORTS CONSENT AGENDA (Items #32-44) - Approved as submitted. The following items require no formal public hearing and are subject to being approved in a single motion. However, any City Commissioner or the City Manager may remove an item from the Consent Agenda to allow discussion and voting on the item individually. 32. Contract for development of & training on interactive, multimedia software for use in a City Information Kiosk to Silver Image, Inc., Clearwater, FL, for $36,000; authorize related expenditures of $8,100 for computer hardware & cabinet, for a total of $44,100 (1M) . 33. Construct parking lot on Pinellas County School Board property, behind the North Greenwood Library, at Holt & Palmetto, for joint use by the library branch and school, for $60,000 (LIB) 8/3/95 4 " ...~, ......~ ". .... , . . . ":.' '.... -q 34. Second Amendment to License Agreement with GTE Mobilnet to allow 2 additional antennas to be installed on elevated water tank of Delara Park, an additional cabinet & equipment adjacent to existing GTE building, and an increase in annual rental fees lPW) , 35. Intarloesl Agreement with SWFWMD for construction of a retrofit stormwater treatment area at Clearwater Mall (EN) 36. Easement & Maintenance Agreement with Holland Westshore, Inc. for construction of a retrofit stormwater treatment area at Clearwater Mati (EN) 37. Interlocal Agreement with SWFWMD for construction of an Aliens Creek experimental water quality treatment demonstration project at Clearwater High School; approve city related expenditures of $ 150,000 (EN) 38. Contract for consultant services to Parsons Engineerinn Science, Inc., Tampa, FL, to develop a comprehensive watershed management plan for the Alligator Creek watershed, tor $496,964 (EN) 39. Contract for 1995 Misc. Construction Projects to Keystone Excavators, Inc., Oldsmar, FL, for $393,400 (EN) 40. Approve request by Wests hare Alliance, Inc. for temporary closing of SR60 for 3rd annual "Causeway Commuter Classic" to be held 11/12/95 on the Courtney Campbell Causeway (CM) 41. Approve request by Chamber of Commerce for closure of two access routes on & off SR60 for the Morton Plant Hospital Bayside Bridge Boogie to be held 10/14/95 (CM) 42. Approve extension of Sunsets at Pier 60 on an ongoing basis (CLKl 43. 15' Drainage & Utility Easement - Highland Estates of Clearwater, 1 st Addition, Blk F, part of Lot 1 (Maxwell) (CA) 44. 10' Water Main Easement and ingress/egress easement - part of Sec. 6-29-16 and part of Lot 1, 1 -29-15, Pinellas Groves Sub. (R.K.M. Development Corp.) (CA) OTHER ITEMS ON CITY MANAGER REPORT 45. Approve leasing 2,500 sq.ft. of Harborview Center ground floor to Pickles Plus Too, Inc., for establishment of a restaurant, consisting of a 5 year initial term with 3 additional 5 year option terms; authorize an expenditure of $100,000 (reimbursable) for completion of the restaurant, funded by a $100,000 loan fram the Harborview Center Fund (CM) 46. Direction regarding 3rd floor Restaurant at ,Harborview Center (CM) 47. First Reading Ord. #5887-95 - approving new gas utility rates with Phase I to become effective for all billings rendered on or after 1011/95, and Phase II to become effective for all billings rendered on or after 1011/96; approve Commission policy changes re Gas System's Utility Support & lnterfund Administrative Charge contributions to the City's General Fund (GAS) 8/3/95 45. Approved. 46. Rescinded 7/20/95 action. Direction given to staff to continue negotiations. 47. Ord. #5887-95 passed 1 st reading. Approved policy changes. 5 .~ /I rr;""~~., I , 48. Res. #95-62 - authorizing City Manager or 48. Approved. Res. #95~62 adopted. designee to establish and adjust library fines and fees (liB) 49. Res. #95-63 - authorizing City to enter into 49. Approved. Res. #95.63 adopted. a Urban and Community Forestry Grant Memorandum of Agreement with Fl Dept. of Agriculture & Consumer Services; approve city matching funds of $18,400 (EN) 50. Beautification Committee - 1 appointment 50. Appointed Pamela Fleming. (eLK) 51. Library Board - 1 appointment (elK) 51, Appointed David Waddell. 52. Other Pending Matters 52. None. CITY ATTORNEY REPORTS 53. First Reading Ordinances 53. a) Ord. #5869-95 passed 1 st reading. a) Ord. #5869-95 - Amending Sec. 2.60(3), relating to term of members of the Environmental Advisory Board l I b) Ord. #5888-95 - Relating to the b) Ord. #5888-95 passed 1st reading. \ Community Redevelopment Agency; providing for repeal of Ords. #2576-81 & #3021-83, which adopted and amended the ~ redevelopment plan for downtown ~ Clearwater; providing for proper notice (j f 54. Resolutions 54. a) Res. #95-64 adopted. a} Res. #95-64 - urging Time Warner to divest itself from its commercial entanglements with those" Artists" who are recording violent and vulgar lyrics 55. Other City Attorney Items 55. None. 56. City Manager Verbal Reports 56. The Mayor and Commissioner Johnson will attend the Florida League of Cities meeting in Orlando, 8/17-19/95. Mayor Garvey was designated as the City's voting delegate. The majority of the Commission spoke against adjusting Commission salaries. The 8/2/95 budget worksession, canceled due to inclement weather, was rescheduled as an extension until 5:30 p.m. of the 8/9/95 budget worksession. 8/3/95 6 --. ,< ." l.. ' c', . .. . . ~.................,.."."..., .~ ~'.. .,"' $-,' c . <' e H., ,<... . ~ .'''' :: '.'. <: . 57. Other Commission Action '.. .. '. ~: . 58. Adjournment t. i' i. " I' I' 8/3/95 t- , . ~.,' ".' : ~.',. . : , " . L . C . '.'. c. , ',tD , ," ~J. . .\";''''1':\ Ms. Deptula and the Commission thanked City employees who worked through the night during the storm. 57. Berfield referred to a memorandum regarding the tourist tax. Staff is investigating why rules regarding the distribution of these funds may differ from county to county. Thomas questioned progress on the City's formal request for Capital Improveme,nt' funds from the tourism council. The City Manager indicated the request would be presented for Commission approval during September's first meeting. .1 58. 8:19 p.m. .; 7 ~~. ;:":, c~'. :~. ( . .' I,'~.~. '.' ., :\, . ~::~. : . :,.:. ) .... ::' '~. : .f,' ~~, ! c,' , ' .)., '. ........~,,~......:...,. ",. l' " , ,. ~ . " '.' r ,.., " " , ' .' . " ~" .i:,.~,' , :\'.. "', ". !:',. ~~'..> ~.~. \' ,; ,', ", I : ~ ' I::: '.' ,:.,1,' " , < .... ......,.,...., ~ ,.... ...." ~, , ,.' ,~.,' c' , : \, TO: Mayor Garvey FROM: Sally Thomas, Agenda Clerk SUBJECT: . Invocation COPIES: Cynthia Goudeau. City Clerk DATE: August 3. 1995 .\:' , C I T Y OF C LEA R W ATE R Interdepartmental Correspondence No minister will be present this evening. .. \ l~ ! '.> i, :.>~' e' '.., ~, .:':! . ~l.."" ? .,:. ""'h~"~~,. .1 I 1.: ~ t' ,w.r.......~.".."$1 ., " !:; <0'" . "r' . .'. 7~ ,~ ~." ,. TO: Mayor Rita Garvey Betty J. Blunt, Confidential Clerk Receptionist city commissioners, Betty Deptula, Cyndie Goudeau FROM: COPIES: SUDJECT: Presentation at the August 3, 1995 city commission Meeting DATE: August 3, 1995 The following presentation will be made at the August 3, 1995 city commission meeting. SERVICE AWARDS NONE PRESENTATION sid Klein will present a letter of recognition to John chittenden (saw a strong-armed robbery in progress in downtown Clearwater and . chased down and detained the suspect) . ~ ,.... ~~" -' -'01"' .~""'~.l, ! . , f r I I f I .' . . ~ ." ~, ,..". " . '.. ,..t."'.I.. . " .. '~~:-I- A . ~e:: 5 CITY OF CLEARWATER Interdepartmental Correspondence Memo TO: Betty Blunt, City Hall Clerk Sid Klein, Chief of Police ~ Betty Deptula; Lt. Repp; Sgt. Andrews; Officer McGarry FROM: . ~ COPIES: SUBJECT: Presentation DATE: July 10, 19995 I will be making a brief presentation at the beginning of the August 3 City Commission Meeting, as Wayne Shelor discussed with Cyndie Goudeau. A citizen - John Chittenden - saw a strong-armed robbery in progress in downtown Clearwater and chased down and detained the suspect, who had assaulted a visitor to Clearwater in the presence of her child. The suspect, who admitted he had smoked "crack" cocaine just before committing the crime, then stole the visitor's purse. I will present to Mr. Chittenden a Letter of Recognition. ~ '-,,~ ::. ~! : > ~ , " " , . .;," c , '., l': ~~.. . c " "," '. T,' .>, :, , ,'" " . .' ~: . (:) ("-' (~ ~ ) ~. ~ ~. .~ ,. . " , ' , , :'. t t . ~' . '.B~' t~ '. L/ - / If-;:tG 't/\i'<j. ftrU~-j tY' . Yl""U_fJUA-L . C~1~! ~i ILL ~tL-~/l;Y"12t2-r/ " PLA.i-e..~.. a .,( /lrtc-/l,C- /'l e .4,.<l "'F l11..tA L-c..t....L . . 8-I1-i I7f If't-^.-t'l) . (/) J- ,?~Jt ~) /'~' ~ -,;;J"'f! /1 " "'_ ) / () ,") '''J/7to1 1 .oO"ri....):Y. (~/-.? \ I ~-', '~.'J;7)- ~-:Y if l I I e . ~ J ;. , f." lj t l" I. . .j S lJ t f. ; ~ ~ ~ f t: 5 ~ ~' ~ & ~l , 'I . t 1 , i j , j I. .~~ ., . - ' , . ~. '. ..t ' r. .,. $ . "', .t ';"~""'~~""~~.>i...;,~..t"'~"" .'" ~,j..... ,". ',~., , ,~_..; ,- '. . " ' ". " '" '. '..',' l ,. " . -. . ..... . ~"'" . . . - . . .. , . , " . \ ~ F-9~/ . +. .. ~ ..f'-t.... DATE _tt_.~'__........4i.."~'I- 't~" 4 .. <~P' ~ .. J; ... , '-:' . " ,'", >. -'. ," '1"1, . . I'.T . '+'~ ,'~ , ~.:. <> ..~......,t.....i'i"~1 I i , t ! 1 . \ i AGEN~DA 7--:3- . 95 .l i -, : . \ , . \ \ 1 1 , , " i ITEM #-1 .I..~. . MEETING DATE (;-:?; - 9.0- Persons wishing to speak before the Conlmission at the beginning of 7 the nleeting under" Citizens to be Heard regarding Items not on the=ff Agenda" must pre-register with the City Clerk Department prior to 6:00 p.nl. on the day of the rneeting. A maximum of ten people (3 n,inutes per person) will be heard at this time in the order in which they register. Those persons wishing to pre-register PLEASE PRINT your name and address below: . J.At.holA$ NAME .'fo.p..oDp."/~ .I)t~ ADDRESS :2. 'I:! ( Ii; /J#AIc:f1,PFr Ct.. f." -- 2. 3. 4. 5. I . I ' ' 6. ! 7. 8. 9. 10. Persons who are not pre-registered and wisb to speak before the Commission may do so after the public hearings. ' - Gr3 CleaIWatcr City Commission Agenda Cover Memorandum ?? Item ti Meeting Oate: X". 3 '''1'5 SUBJECT: Application for Zoning Atlas Amendment for 1969 Sunset Point Road; Owner K. D. Sauder Trust & K. D. Trustee (Z 95-03) RECOMMENDA TION/MOTION: Approve Application for Zoning Atlas Amendment to General Commercial (CG) for part of Lots 1 & 2, Pinellas Groves Subdivision, SW 1/4, and pass Ordinance No. 5873-95, on first reading. [] and that the appropriate officials be authorized to execute same. BACKGROUND: The property is located approximately 350 feet west of North Hercules Avenue. The applicants are currently operating a beauty shop. They wish to obtain a zoning change for the property in order to operate a beauty school. Their property is presently zoned Neighborhood Commercial. A beauty school is not al10wed in Neighborhood Commercial zoning district, but it is a permitted use in the General Commercial District. It is proposed to rezone the subject property Commercial General. The Future Land Use Plan Classification of Commercial General would not be changed. The property along Sunset Point Road west of North Hercules Avenue has a mix of land use categories: Commercial General, Limited Office, Institutional, Residential Low, and Limited Industrial. Sunset Point Road is classified as a major County Collector Road. The road is being improved to a four lane collector. The Neighborhood Commercial District is a more restrictive zoning district. The existing zoning fails to provide for either the expansion of the existing uses or likely future uses of the property. The proposed General Commercial zoning district can be used to provide the range of uses necessary for this nonresidential area to thrive. The subject property is divided by a substantial street right-of-way of approximately 100 feet wide and will provide zoning protection to adjacent low density residential uses on the northwest of the property. Staff will recommend a City initiated rezoning of the other Neighborhood Commercial (eN) on this corner. The Planning and Zoning Board held a public hearing on this application on July 18, 1995, after which they unanimously endorsed the proposed Zoning Atlas Amendment to General Commercial (CG) to the City Commission. levt eued by: Legal Budget Purchasing Risk Hgmt. CIS ACM Other N/A N/A N/A N/A ~A N~9:--l-'L.. S N/A Total Coaaission Action: o Approved o Approved w/conditions o Denied o Continued to: User Dept: S Current fiscal Yr. ,~r.u Advertised: Dote: 7/8/95 Paper: TAMPA TRIBUNE o Not Requi red Affected Parties ~ Notified o Not Requl red Flrding Source: o Capitol I~. o Operating o Other A ttod1lllCOts: ORDINANCE NO. 5873-95 lOCATION HAP ~i tted by: ~Pu evf{HanZr o None Appropriation code: ~ Printed on recycled paper "<;lV" ., ,>.,,::: Z 95-03 Page 2 A comparison of permitted and conditional uses in this area and other pertinent information concerning the request are summarized in the tables below and on pages 3 and 4. EXISTING ZONING AND FUTURE LAND USE OF APPLICANTS' AND SURROUNDING PROPERTIES LOCA TION CITY ' FUTURE LAND USE OR PLAN CATEGORY ZONING ACTUAL USE COUNTY Subject City Commercial General eN Beauty Shop Property North City Institutional P/SP Nursing Home South City Limited Industrial IL Prefabricated buildings East City Commercial General CN Gasoline Station West County Commercial General CG Gulf Rent-A-Car OTHER AGENCY REVIEW AGENCY YES NO Pinellas Planning Council/Countywide Planning X Authority Florida Department of Community Affairs X ABBREVIATIONS: IL Limited Industrial (City) CG General Commercial (City/County) CN Neighborhood Commercial (City) P/SP Public/Semi-Public (City) - Z 95~03 Page 3 PERMITTED AND CONDITIONAL USE COMPARISON BY ZONING DISTRICT PERMITTED USES eN IL CG Indoor retail sales Indoor retail sales Indoor retail sales Personal services Business services Personal services Restaurants Restaurants Restaurants Business/professional offices Business/professional offices Business/professional offices Funeral homes Indoor storage and/or Accessory dwellings warehousing Accessory dwellings Accessory dwellings Nonprofit social or community services Nonprofit social or Nonprofit social or community Medical clinics/laboratories community services services Multiple-family dwellings Manufacturing Indoor commercial recreation/entertainment Townhouses Research and development Gasoline stations Three-family dwellings Wholesaling/distributing Commercial or trade schools Two~family dwellings Public works projects and Hotels/motels utility substations/facilities Detached single-family Utility facilities Remote switching stations dwellings Family care Accessory uses, including certain alcoholic beverage sales uses Remote switching stations Interval ownership and timeshare dwellings Accessory uses, including Accessory uses, including Art galleries/studios certain alcoholic beverage certain alcoholic beverage sales uses sales uses Business services CONDITIONAL USES eN IL CG Business services Vehicle service Indoor storage and/or warehousing Restaurants serving alcoholic Restaurants serving alcoholic Restaurants serving alcoholic beverages located within 200 beverages located within 200 beverages located within 200 ft. of a church or school or ft. of a church or a school or feet of a church or a school with outdoor seating where with outdoor seating where or with outdoor seating the service area is located the service area is located where the service area is within 200 ft. of a residential within 200 ft. of a residential located within 200 feet of a zone zone residential zone Package alcoholic beverage Package alcoholic beverage Package alcoholic beverage sales (package sales) sales (package sales) sales (package sales) Level I group care Outdoor retail sales, displays Transportation stations and/or storage Levell! group care Nightclubs, taverns and bars Wholesaling/distributing Level III group care Residential shelters Marina facilities .' Congregate care Noncommercial parking Veterinary offices Child day care Child day care Residential shelters Veterinary offices Noncommercial parking Residential shelters Utility fa9i1ities Noncommercial parking Outdoor retail sales, displays' . and/or storage Utility facilities Vehicle service .,. Outdoor commercial recreation/entertainment Nightclubs, taverns and bars Animal grooming and/or boarding facilities Blood plasma centers ABBREVIA TIONS: CN Neighborhood Commercial IL Limited Industrial CG General Commercial z9503.cc " ORDINANCE NO. 5873-95 AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA. AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED WEST OF NORTH HERCULES AVENUE AND NORTH OF CALUMET STREET. CONSISTING OF PART OF LOTS 1 AND 2. PINELLAS GROVES SUBDIVISION. SW 1/4. WHOSE POST OFFICE ADDRESS IS 1969 SUNSET' POINT ROAD. FROM NEIGHBORHOOD COMMERCIAL TO GENERAL COMMERCIAL: PROVIDING AN EFFECTIVE DATE. WHEREAS. the amendment to the zoning atlas 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: Section 1. The following described property in Clearwater. Florida. is hereby rezoned. and the zoning atlas of the Oity is amended as follows: .1 Property Zoninq District From: Neighborhood Commercial To: General Commercial Section 2. The Central Permitting Director is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. See Exhibit A attached. (295.03) Section 3. This ordinance shall take effect immediately upon adoption. (PUT IN COUNTY INFORMATION IF NEEDED) PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal SUf~l~~C1+n Pallfe a K. A 1" City Attorney Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk " , LEGAL DESCRIPTION " A portion of Lot One (1) and Lot Two (2) of Pinell as Groves Subdivision, being in the Southwest Quarter (SW/4) of Section One (1). Township Twenty-nine (29) South, Range Fifteen (15) East. as recorded in Plat Book 3, Page IS, of the pUblic records of Pinellas County, Florida: and being more particularly described as folJows: Commence at the Northeast corner of the Northeast Quarter (NE/4) of the Southwest quarter (SW/4) of said Section One (1): thence South 00017'47" East along the North-South center line of said Section. a 1 so bei ng the center 1 i ne of Hercul es Avenue. for 270.00 feet: thence North 89006'54" West. 'for 50.00 feet to the West right-of-way 1 i ne of Hercul es Avenue: thence conti nue North 89006' 54" West for 287.56 feet for Poi nt of 8egi nni ng: thence conti nue North 89006' 54" West for 337.54 feet: thence North 00015' 08" West for 220.00 feet to a point on the South right-of-way of. Sunset Road: thence South 89006'54" East along said right-of.way for 337.41 feet; thence South 00016'32" East. for 220.00 feet to the Point of 8eginning. . EXHIBIT A " OHI'vl H. , '" ... ... l() to. .. ... '" ., t~ ..... ... ... ... ... .. ... !: !! ... ... ... ... !! .. ... ... .. .. .. .. .. .. 110 109 lOB 107 106 105 104- 103 i02 101 :\0 43 " ., ~l "2 "" IP" 1J.t0 ~ .)2 41 ,"",0 z 19.51 f;: III :\.J 40 I~l' 1924 ~ 192$ c. m SUNSET OAKS 8 ",8 ~ (y 7 1912 :;;:: 2 0: 60 a: -<: ,II 6 190/1 en 23 1900 HASTINGS 0 '"' .... '" ..... C) 0 ..... ~ '" ~.. ~- 2 fiO ;)OINT POINT OL IP" "ELL hllll~ 89-01 IS3' ~ '0 2 CU:,AJH'I" TER "/' OOUI>l1Y-~h..' /~~'-l'{;:,~'~~i"i ~:~' 'I::., \"':':'~.<" ,...~~t.;n:;-~.......~..~' ....:.. '~.t ~, _ I ~.. ".......'1-,,-, ..:-~... .. ~ ~t'~'~i.l"'02 :; ,_..::.:J'!l-Gj'" - ~~ ..?s.:J....,,].~",: .~I-::\".:':.- ..~:\,. ~"W.J. -_'FI ~'t\,.;C-_.1 ,;r~~...... '~-j:"". ~~!~. ~:;,:.~7.~ 1909 1~/02 co .., ~ ... .., '!: 190' (?-rLEVEfoI) . (.l c ( IJ -r- RD. .. .. ~ j- [J @): . I ~ ~ 0 on ). :t: , \ j 'y I th \ ..) .~ u ~ ! ! I/JEO U> 1881 :!: ... ... . I I 1&86 L 0 ~ '" rm1 I 1 - - .. ~ .~ Q:L N. 2 -M 4 :p PROPOSED REZONING OWH~" Z q 5-03 APPL)CAHT s AuDER \( D.lR PROPERTY DESCRIPTION ZONING PAR\ LoTS I '<-I 7..} ~ P ltJ '5L.LA < c..)Q. 0 V e <,;. '5w \/L{ FROM' c.. t..J TO C6 1. Gf, ACRE!' PLANHING /) n d ZONING SOARD C1T Y t;0~M1SSI0H SECTION DI jOWH5H1P '2(( S RANOE \1;'" E ATLAS PAGE 1..62-A , . e. 0.4.., . t{ ! "-"~~'~'-n vii \ -0111-"00'1 ::e~ _ · ~ ::e ~ a ~ .3 I. ~i"t.,..,..... - €,,"U .:-:; b z. n: ~ n: ~ ~ ------~ I. " I , I , -t. '-- IIII1t.f"OU"" 5 I 1 II _..l-__.. "I"""'" --- .p.. .JI'4:)11. -- --.., ":L I .. I \1 ,I oi 1 I ~-k f j I ~ J '" ;:I: I~ . ~ ! Q l' ... ..~~ .~ I I" >.11r Q Q ~-.;; Y'I- , '/.,I; ~ 01 .. >I .. t 11l . j i. tn i i , III ::!I Q i I l i \ I \ I I \ j I ! t JI I , .. .. 01 .. ., .'iF\ <n:I o. 9 .- .;.1/ L IiI.)H3"b. .;.~ ').1\. 'Slltt;)lfJ'" l I I l a ; \ . (>< l"lJ"i-r- I ~ .. 0 ~ ~ IE .~.:~~ ~ i-..-t~I-. ,......,- ~ d \l II ! : 1 a --0- ... - ~""~IlILl"" - a.....'kCJ~ ----;< ,'" ~ ~.. .. ,)\... ,,"".. ,.)H . - 1....1")" -1;.tll1If ~ - '\. 1lWoI'I)';"tn _ _ o ~tSJ I ~ -~ Clearwater City Commission Agenda Cover Memorandum ' Item 1/ Heet ing Date: CfY 9 ??,,3.Q5 SUBJECT: Application for Zoning Atlas Amendment for 705, 707, 709 & 711 Jasmine Way; Owner: Rhoda S. Smolensky & Rosemary S. Kornreich/Patrick J. Shaughnessy (Z 95-04) RECOMMENDA TI0N/MOTI0N: Approve Application for Zoning Atlas Amendment to Commercial Planned Development (CPO) for Lots 2, 3, 4, & 5, Block 31, Magnolia Park and pass Ordinance No. 5874-95 on first reading. [] and that the appropriate officials be authorized to execute some. BACKGROUND: The subject property is located approximately 150 feet north of Magnolia Drive. The applicants have recently bought four lots which are located on the southwest corner of South Myrtle Avenue and Jasmine Way. The south side of these properties abuts an approved Adult Congregate Living (ACLF) facility which is owned by Mr. Shaughnessy who is purchasing the subject property. The property has a Future land Use Plan Classification of Commercial General. Th~ applicants propose to modify their certified site plan (Magnolia Manor-PSP 94- 14) in order to incorporate these lots under a single site plan. A new parking configuration is also proposed to the north while the existing parking area located on the southwest (per previous site plan) will be changed to open space. No expansion of the existing ACLF . facility is proposed by the applicants at this time. The applicants also wish to obtain a zoning change for these properties in order to bring the total development under one zoning district. Their property to the south is presently zoned Commercial Planned Development. The four lots are presently zoned Neighborhood Commercial. It is proposed to rezone them Commercial Planned Development similar to the existing use. The Future Land Use Plan Classification of Commercial General would not be changed. The permitted and conditional uses for this Planned Development are those uses permitted in a Neighborhood Commercial District (Sec.40.323) plus Congregate Care Facilities and Level 1, and 2 Group Care Facilities. It is proposed to have the same permitted and conditional uses for the subject property . Revf eyed by: legal Budget Purchasing Risk Hgmt. CIS 10tH Otker N/10 iliA N/" N/" !!r^ ~/'':-- NIA S N/A , Total Comqission Action: o Approved o Approved w/condltlons o Denied o Continued to: User Dept: $ Current Fiscal Yr. Advertf lied: Dote: 7/8/95 Paper: TAHPA TRIBUNE o \lot Requli'ed Affected Parties . 1m \lotff I eel o \lot Requl red FlRiing Source: D Capl tal Irrp. o Operating o Other Attachlaents: ORDINANCE NO. 5874-95 LOCA Tl ON HAP o None Appropriotion Code: o PrInted on recycled poper :a-. "':'""oIP.~. -<.' ".. ~. Z 95-04 Page 2 A Declaration of Unity of Title will be required. The Planning and Zoning Board held a public hearing on this application on July 18, 1995, after which they unanimously endorsed the proposed Zoning Atlas Amendment to Commercial Planned Development (CPO) to the City Commission. . Pertinent information concerning the request is summarized in the table(s) below and on page 3. EXISTING ZONING AND FUTURE LAND USE OF APPLlCANTS1 AND SURROUNDING PROPERTIES LOCATION CITY FUTURE LAND USE OR PLAN CATEGORY ZONING ACTUAL USE COUNTY Subject City Commercial General CN Vacant building Property North City Limited Office OL Offices South City Commercial General CPO ACLF (operated by the applicants) East City Institutional P/SP Church, St. Cecelia West City Industrial Limited IL Warehouse, Morton Plant ABBREVIA TIONS: IL CG eN PIS? CPO OL u.p.a. Limited Industrial (City) General Commercial (City) Neighborhood Commercial (City) Public/Semi-Public (City) Commercial Planned Development Limited Office Residential units per acre ""'-' ~;"~"" , . > .' '!'i:~/ Z 95-04 Page 3 ZONING RESTRICTIONS (ZONING RESTRICTIONS FOR PLANNED DEVelOPMENT DISTRICTS ARE AS SET ON SITE PLAN) DESCRIPTION CN CG EXISTING REQUIREMENTS (Combined Parcels) REQUIREMEN I ~ Density 14 d.u.p.a. max. 16 d.u.p.a. max. 48 d.u.p.a. max. Lot Area 10,000 sq. ft. min. N/A 59,400 sq. ft. Lot Width 100 ft. min. N/A 220 ft. Depth 100 ft. min. N/A 270 ft. Floor Area Ratio 0.3 max. 0.55 max. 0.26 Building 30 % max. N/A 26 % Coverage Open Sp'ace Lot 30 % N/A 36 % Front Yard 55 % N/A 55 % Impermeable lot N/A 0.85 % max. 64 % coverage OTHER AGENCY REVIEW AGENCY YES NO Pinellas Planning Council/Countywide Planning Authority X Florida Department of Community Affairs X z9504.cc ~9 ORDINANcE NO. 5874~95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA. AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED NORTH OF MAGNOLIA DRIVE. CONSISTING OF LOTS 2. 3. 4 AND 5. BLOCK 31. MAGNOLIA PARK. WHOSE POST OFFICE ADDRESS IS 705. 707. 709. AND 711 JASMINE WAY. FROM NEIGHBORHOOD COMMERCIAL TO COMMERCIAL PLANNED DEVELOPMENT: PROVIDING AN EFFECTIVE DATE. WHEREAS. the amendment to the zoning atlas 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: and . WHEREAS. the City Commission has determined that it is in the public interest that a Commercial Planned Development zoning designation is appropriate for the subject property even though the property contains a lesser area than ~our acres: now. therefore. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER. FLORIDA: Section 1. The following described property in Clearwater, Florida. is hereby rezoned. and the zoning atlas of the City is amended as follows: Property Lots 2. 3. 4 & 5. Block 31. Magnolia Park. according to the map or plat thereof as recorded i~ Plat Book 1. Page 70. public records of Pinellas County, Florida. (Z95-04) Zoninq District From: Neighborhood Commercial To: Commercial Planned Development I I I I Section 2. The Central Permitting Director is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED ~ Rita Garvey Mayor-Commissioner Approved as to form and legal SUffiCi~C~~ pam~K. A , . City Attorney Attest: Cynthia E. Goudeau, City Clerk L ' . ~ L" ~ ~ i - -.- ~ 70J' Ie 7 6 6 15 ; i~ ~ ~ I ~ ~ A 'e;/ 14 13 6181 J 704 ~ it 'lQ ~ ... <f' T ~.J) 10 19 B 7 ~ i ~ ~ I I,.: ~. 'l:/ l-l~ I lXl...:r Ul,l.Lo..C. 1 D - ~ll .. ~ f 5.: ,~ I r ( ~ ~ 5 10 ?OS 12 11 lOr 1\ ~ t) R. V~ 0 ROAD "2)- 2~e II :5 '" 2 60 RUIO '" DRUID 01 ~ iil o 60 o ,. IG ~ 10 9 a ~ ~ ~ ~ ... 1/ ...... 7 B 1 "2 ~-{J>- DRUHILL ~ :r 24 2J / () LPROFESSIONAL /J 9!) '92 vra...m A 3 4 5 , ~ . t 1 2 J 4 , '40' -....... ~ 10 ~ 8 7 ~ ~ /\ ~2 ..),5 5 'I""~I ~ 2 ~ r--.. ~ \-, L ~ 10 9 8 7 G ~ ~ ~2 .IA& W~y 51 ./ .., ""r~~'" ~':r.N'K['1 G'?i -I:~#': 5:> t;l ,.,,~,ts. l1tS?' f'~,4 .. iW U' - !~j:t~ :~~. ~ '. ~~~l 1 :~r.-.,~ . };..,~~ ~elf.. f....... .,~ "l"':R' l~r-r.-" .:~~~:~ it-kl:. ~ [.1;.:: B Ii 6 10 n 11 ); .. '" " 8 ... 0 10 9 ..... t .t- 2 .,. ,.:;;~, CEN1'ER CONDO .I N ~ B 0 24 23 I ..... :l 65-121 I 0 .... Q 0- 00 '" MAC t>JOL.(.q::..:.- I g ~~ P JASMINE ~ ^ ... 8 .10 '--"' J;;;;. ~ g~4~N~t6 ~ ~ u u,. K = .,.."', .ll", )4 I l,f' II .~ --- .' I;) .;;; ~- 1 2 ~ 4 5 6 7 B 9 \ MAGNOLIA \ @~ >< ~ 22 2' 20 19 ,B \11 'i 15 "vi - W.c.a. [(> I... ...; -------;..;:....:.;;-- I~~ ~. \ 0.... \. 11 ~ ~ ~VE flk.L ~ I ~ ci ^ 8 ... i.i tr 7 B D J / 'r~ n t;~I~ ~ "< ~~~II ~ ~ " ''!l 20 ~ - ~ ~ s. _ <:t><o 21 .... ~I.. 21 ~ 0,0.) ;;. C: 1.1 .. I' U 11 to 2 ~ . 100l ti ;l ti : u 3" ,. ". ~ r ~ Rg( ~ N7 6 S:: :'~ '''~ ::; '; 1'1' : 1006 it -- ,i I- - i ~ :U.P ,~ ,.... · . , '0'0, ., C) >I:S ~ it> .... ; '" "" ... ~ '0 1010 - I h I ~ L01US I I :!:" ~..~ 2 ~ !~'l~ II:~ "" ... 8" 1 .3 04 5 :3 '" 'Ip · .vn ::l "os "" _ (4) MA~:t- A "" ~ ~r \0 9 c '" " - I- e:. <:I R "" "" "" "" 2 3 I 36 4 5 - -, - . --- t- -K. :I a JQTORDS ~ .:Iq PRO,. eQ-"1 \ ---..,- ~l-UIl :i~g: ~~~~ I~ ~ Q ; lb ;) iii_ J 110~ ~ 'ID ;) " I. I. :00 1I!t . 1104 \ 2 3 ~ 3 456 7 8 43 & i I A ........ ,... 'I PROPOSED REZONING OWHU' APPLICANT S MOL E tJ 5 KY E. k" D R N t\ C"H zQS-04 PROPERTY DESCRIPTION ZON'NG LO,S '2..- S j ~LK::5\ MGG-WOL-\Q PA'?K. r no,"" ' C-N TO cPO 0.68 ACRES P L A H ~~ , H G "n d Z 0 H I H 0 n 0 AnD CITY r::OUMISSION SECTION 16 TOWHSHlr 1q b RAHOE 15" f ATLAS PAGE "L q S 8 /. "'~.+"~' , ! ' ho-.9b~ ~ ~ (R .. :: Iz: 2 Iz: ~ ::: 1 i t t i . ~ 01 . ~" r~~-:--i : '.:: L..;:' ;:: ' ~ .~ ~ ::g Q 5 if ~ ~ ___...1--., 'I rr 5 ;j ~ 'o.~~.~'~-r----1---- ;; I R ~- \ ; ~ ~ 'Q() -oot-JInoSi ~ ~ ~ ~ ~ 3 .. .. ... .. .. -tol(iJ",,..,,-H" .. - .- .. ~ ~ II 1.'n O'Q 0111 "JH:J'Ue -., ~ I *. I ;. I c:~3\q; I :;, :10 I I @ , '0. - - J"lJ). ~ - ! ::. D 0 ~ ~ ~ s '0. lo'}H)\)iO ~ -'00 Q G:J Ooo,<<>uo .0. .)ooI:)'\J. ;;; I 1 f I I I , '0. l.l,. H~ .. II 0 ~ ~ ~ u :sd~.-+:=t t .~. ...." I i' ~ I ., : wl 5 I h- ~j""i"l.a' : - ~~. "'ou... _ I tf) '~'~l""~-:::::1 ... .. "-J .......------; /1 ~ o<J,.,,,,_i.l--j 'i I ii' I ' r- ~: ---I . :< I I~ ~: 1_ ~ W I i. ;"'" ~~..r' ~ i i I ~ ,'>,) '"'-l r ~..., ' j ..... ... ~ t.., ......" -, 0 'l ' ~~ I ~b I <~~li ~t_ ~ 5.' It I ~ .. ~ ~ i' i ']1"1. ''''..JII)-ot , .~:.:. ~ tl c::;>l .... i ,.. .o....'~ -t ~. ~)A" ltlllO.. JII.)N" "".H':J.... ;;; . t s D D o P'-19;; w-.g 'l.1i ~ >l ~~ ,~ ~c~ .. ~ -' --....----- ~\~:. ~::<': :'. <~ .~:. ': ' ','.\ ,.. . . .I ". j, , . , ' ! ' . ~ i i;'( ,~;"~.'~c : 1~... ',I ~ " '. ~ ; - ... ,.c,.... ~ ,. , J'~ {. .' ~.~ j.- < <' ., > ',' ,I, '.. .... ~~' I ,.... ' J' I" !,': . , . ,:: ' " .. " :j. , '.' .t.c ~~'. ,. . }' ., t . ;~:, .. :, ~ . " d) ~~ 0: 5.. l I , ~ : ~ ' . ~', . \.. " . F '\ '; :~. r ~ "".....t,"'f""..~.l'.~;,'~, <Ir"'..,_i. .....',..~" ~. ~,...,,,.j .~.~~~~........\........ .,.,......1".... SEE ~t\GENDA DRA \'lINGS . I i " ~ , $9 .1 I '6.2 95 'j 957 G~ Cl Clearwater City Commission Agenda Cover Memorandum 10 It em 'II Meeting Date: - ~ . 3. '1 5 SUBJECT: Variance to the Sign Regulations; 25749 U.S. 19 N.; Home Savings of America/Savings of America (Owner/Applicant); R. Davis (Representative). (SV 93-68) .. ,'. ". RECOMMEN DA TION/MOTION: Deny a height variance of 22 feet from the permitted 20 feet to allow a freestanding sign 42 feet high, on property identified as Lot 3, Cypress Point Shopping Center plat, for failure to meet Sec. 45.24 Standards for Approval, items (1 )-(4). Approve an area variance of 37 square feet from the permitted 126 square feet to allow attached signs with a total area of 163 square feet, on property identified as Lot 3, Cypress Point Shopping Center plat, for meeting Sec. 45.24 Standards for Approval, items (1 )-(4). [) and that the appropriate officials be authorized to execute same. BACKGROUND: The applicant is requesting the following variances: (1) a height variance of 22 feet from the permitted 20 feet to allow the bank a freestanding sign 42 feet high, and (2) an area variance of 37 square feet from the permitted 126 square feet to allow the bank attached signs with a total area of 163 square feet. The subject property is located on the east side of U.S. 19, south of Enterprise Rd., and is in the Commercial Center zoning district. The variance is requested to permit the existing freestanding and attached signs to remain. Pertinent summary information is listed in the following table. Revl ewed by: originating Dcpt: Costs: S MIA commission Action: Legal HI", CENTRAL PERHJTTIN:JJ~~jt)t b Total 0 Approved Budget N/" 0 Approved w/conditlons purchos i ng N/A ... ~.:n J s Risk Hgmt. NIA / . ~ Current Fiscal Yr. 0 Denied CIS ~ User Dcpt: 0 continued to: ACM F~ing Source: CRT 0 Capital I"". Ad\iertised: 0 Operating AttDcMlents: Date: 0 Other APPLICATION I r,\ Paper: To""o Tribune VARIANCE ~RKSHEET 0 Not Requi red HAPS ~itted by: Affected Parties 0 None ~L2w ~ Not Hied Appropriation Code: Cf tv nog7' 0 Not Requi red ~ Prfnted.on recycled paper SV 93-68 Page 2 I Freestanding Sign I Attached signs I Information Existing Permitted Existing Permitted Type of sign Freestanding Yes Attached Yes sign signs Location/orientation of sign U.S. 19 Yes U.S. 19 Yes Area 128 sq. ft. 150 sq. ft. 163 sq. ft. 126 sq. ft. Setback 45 ft. 5 ft. Not applicable Not applicable Height 42 ft. 20 ft. Not applicable Not applicable Staff Comments/Proposed Conditions: Savings of America has nonconforming freestanding and attached signs. The freestanding sign. The height of the bank's freestanding sign is more than double the code allowance. The maximum height is 20 feet. This sign is 42 feet high. According to the application, the additional height is necessary tor the sign to remain visible over the treetops. This condition can be overcome however. The sign is presently situated 45 feet from the front property line. The code establishes a ffve foot setback from this line. The sign could be located 40 feet nearer to this line, which would cause the sign to be 40 feet closer to U.S. 19. There is a 40 toot wide right of way easement adjacent to U.S. 19, but there is no prohibition against placing a sign in the easement. Relocation of the sign 40 feet closer to U.S. 19 would alleviate visibility problems caused by the trees and facilitate compliance with the 20 foot height limit. The attached signs. This bank has four attached signs. There are two 66 square foot signs located near the rootline, a 7 square foot canopy sign over the automatic teller machine, and a 24 square foot logo on the wall. Together, the area of these signs is 163 square feet. This is 37 square feet more than the code allows, or a 29 percent overage. There are special conditions that support granting the area variance for the attached signs. The impact of the requested variance will be minimal. The signs are oriented in different directions and are a considerable distance from the public right of way. Two of the signs are on the west face of the building and are approximately 90 feet from the right of way. The other two signs are on the north face of the building and are approximately 140 teet from the right of way. The signs on the north face of the building cannot be viewed by northbound traffic on U.S. 19, and all signs are obscured to varying degrees by the numerous trees on and near this property. SV 93~68 Page 3 I - SURROUNDING LAND USES I ( Direction II Existing land Uses I North Shopping center South Vehicle service East Shopping center West Shopping center The 42 foot high freestanding sign is not in character with other signs permitted in this zone and diverts attention from other uses on this highway. Granting the requested height variance will detract from properties that have conforming signs and will adversely affect the appearance of the City. However, given the restricted visibility of the attached signs, 163 square feet of attached sign area will not detract from other properties or adversely affect the appearance of the City. Applicable Variance Standards: To be eligible for a variance, a request must meet all four standards for variance approval. Based upon review and analysis of the information contained in the application, staff finds that the petitioner's request for a height variance does not meet the standards. In particular, the following standards do not appear to be fully met: (1 ) 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. (3) The variance is not based exclusively upon the desire for economic or other material gain by the applicant or owner. (4) 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. I i I I \ I I j : a ~ , < 1 - .' SV 93-68 Page 4 RelQvant Previous Decisions bY the Commission: FREESTANDING SIGN HEIGHT . CASE # ADDRESS NAME VARIANCES MEETING REQUESTEDI ACTION DATE SV 92-87 20865 U.S. 19 Public Storage 15.1 ft. add'l to allow 3/25/93 35.1 ft./Approved SV 92-05 20162 U.S. 19 Suncoast Inn 1 ft. add'l to allow 25 5/7/92 ft./Denied SV 93-18 1 800 Gulf to Bay Young's BBa 5.33 ft. add'l to allow 11/9/93 25.33 ft./Denied SV 93-34 19400 U.S. 19 Kenyon Dodge 1 6.75 ft. add'l to allow 1/24/94 36.75 ft./Denied SV 93-61 21227 U.S. 19 Cambridge Apts. 14 ft. add'l to allow 20 1/24/94 ft. I Approved SV 93-41 25778 U.S. 19 Forbidden City 12ft. add'l to allow 32 2/7/94 ft./Denied SV 93-72 23197 U.S. 19 The Golf Depot 8 ft. add'l to allow 28 3/21/94 ft./Denied SV 93-13 1450 Gulf to Bay Bay Area Neuro 7 ft. add'l to allow 27 6/1 6/94 Muscular ft./ Approved SV 94-22 400 Island Way Clipper Cove 3.5 ft. add'l to allow 8/4/94 Condominium 9.5 ft./Denied 2.5 ft. add'l to allow 8.5 ft./Approved SV 94-16 1861 N. Highland Sunset Square 5 ft. add'l to allow 25 9/1 5/94 Shopping Center ft./Denied 2 ft. add'l to allow 22 ft./Aporoved SV 94-33 20 Island Way Jesse's Flagship 1 ft. add'l to allow 21 10/6/94 Restaurant ft./Approved SV 94-36 221 8 Gulf to Bay Mr. Submarine / 7 ft. add'l to allow 27 1 1/3/94 Mr. Gyros ft./Denied SV 94-06 701 N. Hercules Clearwater 2.5 ft. add'l to allow 11 /1 7/94 Professional 10.5 ft./Denied Center SV 95-01 1835 N. Highland Shanghai 4.3 ft. add'l to allow 1/19/95 Express 14.3 ft./Denied SV 95-17 2495 Gulf to Bay Builder's Square 5 ft. add'l to allow 25 5/4/95 ft./Denied SV 95-27 3060-30BO Imperial Pines 1.7 ft. add' I to allow 6/15/95 Eastland Blvd. Condominium 7.7 ft./Approved .. SV 93~68 Page 5 A IT ACHED SIGN AREA CASE # ADDRESS NAME VARIANCES MEETING . REQUESTED! ACTION DATE SV 92-19 27001 U.S. 19 J.e. Penney 329 sq. ft./Denied 10/15/92 Co. SV 92-42 714 Cleveland St. Trickel 70 sq. ft./Approved 2/9/93 Jewelers SV 93-73 2200 Gulf to Bay Goodyear 136 sq. ft./Denied 11/9/93 Auto SV 93-37 20505 U.S. 19 Burdines 185/185 SQ. ft./Denied 1 /24/94 SV 93~96 1499 Gulf to Bay Barnett 43.5/49.5 sq. ft./Approved 1/24/94 Bank SV 93-32 20505 U.S. 19 Poston's 194 sq. ft./Approved 2/7/94 SV 93-49 1420 S. Missouri Good 22.6 sq. ft./ Approved 217/94 Rentals SV 93-106 704 Court St. Workbench 7.9 SQ. ft./Approved 3/21/94 SV 93~39 20505 U.S. 19 Dillard's 21.26 sq. ft./Approved 4/19/94 SV 92-90 423 East Shore Olympia 51.6 sq. ft./Denied 4/27/94 Motel SV 93~65 24791 & 24826 Ken Marks 128 sq. ft./Approved 6/1 6/94 U.S. 19 Ford SV 94-26 110 Island Way Island 8.8 sq. ft./Approved 8/4/94 Estates Realty SV 94-35 2907 S.R. 590 Johnny's 8 sq. ft.1 Approved 11/3/9,4 Italian Restaurant SV 95-14 675 S. Gulfview Continental 10 sq. ft./Approved 3116/95 Towers SV 95-20 387 Mandalay Lappert's 4.8 sq. ft./Approved 4/20/95 Ave. Ice Cream SV 95-17 2495 Gulf to Bay Builder's 102.25 sq. ft./Approved 5/4/95 Square j \ ! ~ 1 VARIANCE WORKSHEET - CASE NUMBER SV 93-68 STAHDAADS fOR VNllAHCE APPROVAL 111 Thara ara lpeelel elreulNtaneu related to the p.rtlcular phyelo.1 lurroundlngl. Ihap. or topographloel condltlonl applicable to tha lend Dr building.. IInd luch clrcum.tanc.. ar. peculiar to luoh lend or bulldlngl and do not apply glneteUy to the lend or bulldlngl In tha applicable zoning d'-trlct. 121 Tha .trlct applIcation ot tha provlalonl of the coda would deprive the .ppllcent of tha raalonab!. Ula of the land or bulldlngl. 131 The vculanclI fa not balld IIllclullvaly upon the dellre for economlo or other material gain by the applicant or owner. 141 The granting at tho verlanoa will be In hermony wllh the genaral purpo.. end Inlent of the land dovelopment code and oOlTlprehenllva plan and will not bo materially InjurlouI to aurrcundlng propertlel or otherwllll dltrlmental to tha publlo wI".r.. STAFF RNDINOS The freutllndlna alan. The height of tho froutondlng l\gn Ie mora then daub!. tha ooda allowance. Thl mIlxlmum height II 20 faat. This .Ign .. 42. ...t "lo". Acocrdlng to thl application. the .ddltlonel height Is nlc..ury tor the lJon to remeln vlllbla over the'trlltopl. Thl. oondlllon can bl overoomo howav.r. The Ilgn Is pr..antly .Ituatad 45 feet from tha .ront property IIno. Tha cod. ell.bllthel II five toot ntback from thle Iln.. Th. Ilgn could b. locatlld 40 'lIat nllllrllr tD thle IIno. which would cau.. the Ilgn to b. 40 'ut cloler to U.S. 19. Thlre" II 40 foot wldll right at way Ulament adJecllnt to U.S. 19, but tharalt no prohibition IIgalnlt placIng a Ilgn In tha ....trIIlnt. R.locetlon at tha lJon 40 t..t ololllr to U.S. 10 would alleviate vlllblllty prDb!.ma oeuud by tha tr"l and faol1ltatll oompllanc. with tha 20 'DOt hlllght limit. Tho attaohed llanl. Thfa bank hal four attachld Ilgn.. Thare .ra two e6 Iqu.re toot Ilgnl located near the rootllne. a 7 Iquore foot canopy Ilgn onr the autometlc teller muhlne. .nd a 24 Iquere 'oot logo on tha wall. Togethar. the lU.. at th... Ilgnl II 163 Iquaro 'eet. This" 37 Iquara t.at mora than tha code allows, or a 29 parDlnt onr.lll. I I I 1 I I l J ~ , ., J Thlrll lue Ip.clal condltlonl that IUpport Ilr.ntlng tha area varlc.noe for tha attached Ilgnl. Th. Impoot of thll r.qunted Yerlanca will b. minimal. The Ilgnl .rll orlentad In different dlreotlonl end lire II conl\dareble dt.tencll from the public rlgh' of way. Two of the Ilgnl ara on the waU taca of tha bulldlng and ar. approJlfmataly 90 f.ot from .he rlgh. a. way. Tha othar .wo Ilgnl era on th. north '.ca of the building and ara approxtmetllly 140 feat from the right a. way. Tha .Ignl on tho north tllCO of tha building cannot be vlew.d by nonhbound traffic on U.S. 10, end aU Ilgn. .ra oblcurod to varyIng dellralll by the numerOUI'reel Dn and naer thll prop.ny. . i 1 4 1< . j Be~ula thll fr...tandlng Ilgn ~n be relocated whare It would be vllllb!. with. oonformlng halght. .trlo.enforcemenl of the halgh'l1mlt eppUoeble to 'rentllndlng Ilgnl would no. dllprlva thll appl1cant of II realonablo ula. However, bel:llule .hll re exllt I peclal condltlonl thet IUpport lIIran1lng the araa varlanoo fDr tha attaohad Ilgnllllle " aboval. .trlct ' enforc.ment a. thllllrea I1mlt eppllcable '0 IIUaohlld Ilgnl would dllprlve theapplloant Df a rllalonable UIII. Tha .fllI varlanoe teque.ted for the attached .Ign. appellr. to 11Itllly thl. condition. but the height varlanclI raqulII.ed for thl fra..tendlng lJon dOIll nD'. The Ilgn r.gulatlonl were edopted with thll tnlan' of enhancIng .ha "buat quality of .ha Clty'a Itrllatl IInd Iandlcape In Drdllr to proteot the v.lue of propertlalend tha w.II-belng of the Iocal.ourlet orlentlld aconomy. Granting tha oree varlano. for the IIttlchlld Ilgnl appaar. to bll con,"'ant with .hl. Int.nt. Granting the heigh. varlanca for thll traaltandlng .Ign eppeafl to ~ In violation of thfa Intant. '. . I s~#"Fj3i8~ CENTRAL PERMITTING DEPARTMENT 10 S. MISSOURI AVENUE CLEARVVA1ER. FL 34816 SIGN VARIANCE APPLICATION It \, _. - , c...-:.... ._ - - ""'VI' ..dld:>.... ...... __ ___~ "W "Il'-_ _ ...l REPRESENTATlVElS) tit ony) NAME & ADDRESS: P ~OPERTY OWNER(S} NAM& & ADDRESS: Home Savings of America 4900 Rivergrade Road Irwindnle. CA 91706 Roy Davis Davis Signs P.O. Box 137 ..LArgo. Fl 14649 . TELEPHONE: (R I R) R 1 Q-7n01 TELEPHONE: (813) 581-9551 ADDRESS OF SUBJECT PROPERTY: 25749 U. S. Highway 19 t Clearwater. Fl 34623 NAME OF BUSINESS (IF APPI.ICABLE): Savior!': of Amprl ('~ ;ZONING DISTRICT: cc. LAND USE CLASS1J:ICATION: Cq.' LAND AREA: I t ~ ^c:.RE.5 LEGAL DESCRIPTION OF SUBJECT PROPERTY: See attached legal descripton PARCEL NUMBER: I I I I / . (This Information is ,",sHabln from your tax receipt or contact Pinellas Co. Property Appraiser's Office at 464-3207. If more than one parcel umber, attach 8~ x 11 inch sheet) DESCRibE SURROUNDING USES OF PROPERTY: Nonh: Comrnf'rdal jPrl?pe~ty South: Commercial Property East: ComrnpT'(,; ~ 1 Prnpprr-y West: COl1llner cia 1 Pro pe rt y V ARIANCE(S) REQUEST: ~equcBt variance to maintain existing signage as constructed as it facilitates visibility from hiRhwav. If lowered. the siRn would be blocked by trees. Ul fT IN 1-\e.lq~T To peRM IT A r::-R~s SJAN.DIN4' 5/~N 1-I6JctHr OF -12. PI 1} 375tt fT TO fti\F111 II.o;:5a. PI of ATI.A.a/fj) .5 ,t,"'4<:r~ r-o R'E~AJjJ CONTINUED ON REVERSE SIDE - ~ TANDARDS FOR APPROVAl.: A v.-lenc. lhaR not be gr~ by 1h1 aty Comml.tJon unIuI thl 8Pplice1Jon .,d evIdence; _anted cI..ty IUPport the foDowing eortcfudont: . y T'h... .... IPadel dfoumlWnaes r.a~ to the particular physloal surrounding., ah.p. or topogr!IPhieel condttion, applicable to the land or bulldlnos, and such drcumstlnoos are pecuJler to IUoh Ibnd or building. end do not apply genDfoUy to the a.nd or bulldlnga In the DPPDcabllt :zoplng district b~.e Thf Dlllm trees that surround the Gign would block the view of the sign. If lt were lowerc . The strict DPplJcation of the provisJons of the codo wouJd depriv- tft. --nr."J)l1t of tho reason~l~ use of 1he lend or buildings b.C8U3e.Jlhere the building is situated, ie, surrounded bythe trees, t e owenng of the sign will detract from Savings of America1s presence 1.n the comnluniL.y. Tho varianCit is not bBle~ A'ffi:.dusiv&ly upon tl desiro for oconomic or othor materi~ gain by 'the applicant or ownor boc~.. SEE ATTACHcu . The granting of tho verJttnc& wiU be in harmony with tho general purpose and int8nt of tholond developmont code on'd - comprehensivo p)8fl ar1r1 will not be rT'~~JYl;"i1tri"US to ~urroUf?~ proPertios or othorwise d81rimontal to tho public welfare bocaus.e the sign has been ~n p ace tor s me Y and in that time, it has not proven tn h~ detrimental to any of the surro~nding establishments. S SUBMISSION GIVES AN APPLICANT THE OPPORTUNITY TO REQUEST THE VARIANCE AND APPEAR BEFORE THE Y COMMISSION AT A PUBLIC HEARING. FEES PAID ARE NON.REFUNDABLE REGARDLESS OF BOARD ACTION. BY NING THIS DOCUMENT I AM ACKNOWLEDGING THAT ALL FEES PAID 00 NOT GUARANTEE APPROVAL 'OF THIS JLlCATlON. ,"iATURE OF PROPERTY OWNER lOR REPRESENTATIVE): G~ xfrflO/-&n- l~ pHftion end ~ of l)(lotr'Ip~ H lIPp50abWl Irn to nnd subserlbed bofore mo this S.:ti- _DollrJ)J R~ ~c../lu~(;n45 le of Notary typed, printed or day of ~.J~ A.D.. 19 9 6- p- I who is per'Sonnlly known to me and/or h& produced &~~t.7' /;' / , STAn; OF . COUNTY OF 7 4 rt' I ..5 Commission No. ex;)"} S-C(tJ 6t1 - iT CARL Y. THOMAS SA. HARRIS COUNnaL My Comm. Exp, O~1'99 NOTE: PROPERTY OWNER OR REPRESENTATIVE MUST AlTEND HEARING. 'i,. ~.~.: . . .. . t' :t >, j., '" " " r.,' ~.. . .......;.,....... " , .,1 , , ; .: ~\':- " , :,'. . , ! ~ f . , .,."'" h >,\ ~,');".Y . ~"".... .., ".' :'. . .u 1 ~ ~;:'J, .~:....... .If''''': '.", '.. "I,' .' .' ........ .~ , ~. ....." '''. .... ...,. . STANDARDS FOR APPROVAL: (3) Lowering the sign will eliminate highway visibility of our Savings branch and the entrances to the parking, lot'. E!l:dcrl'y customers looking for our building by addres.s from the highway will be forced to focus their attention, not on the road nnd traffic ahead and behind them, but will be looking at the building in the area to see where to stop and t~rn. Thii possibly will cause numerous serious auto accidents. ., , " 'J , '., \. ..~ A,.PIDAVIT I, Donald R. Schuerman, Savings of America {1ncIutJ. po.JrJon IInd Mm" 01 compMty " .pplc.bf'} , as owner 0' the proporty described 9S, dO hereby authorize Ray Davis of Davis Signs f_ flf ,..,...f/ft~ to appear before the: r--l L.-J Dovelopment Coda Adjustment Board (Variance) r--t L--I Planning & Zoning Board (Conditional Use) ,---, I--.J CItY Commls.sion (Alcoholic Beverage Distance Variance, Sign Variances) " . to request approval ot a variance to allow pylon sign to remain at current height. 4)~rj(A~ ~ ~~ oJ hf-t M#I<,,~ ..-md.v#t Uttdvditlg ~I/o.>/ ,rod Il_ ..f ""'"lHf'y J1 ~, Subscribed an~ sworn to (or affirmed) before me this 7t!t-day of +t.t.- . A.D. 19~ by DOli 4/ j f S ( ~ v~ r In rt n , who is personally Print 1Vr1r1'1O rirlt:J<JCtt poUtion .f1d fJDmo of C"Iltp6n,/ ;t .pp/l~b"J I known to me and/or has produced ~ T -f'dl r. fir i ~l..ro) j j al1l~€ fro i \ r;7, 2/~:c:.. I as identification. fT'yp' Df kJ""tJIfCtI ticnJ - lej.~j t.:) ST A T5 OF rL-6RfD . COUNTY OF p);;)~ C1 (f Y. /!,O/lfU //4/1'/5 ~ Notary Public. Commission No.to~>9a(..9"'(' (Namo of Notary typed, printed or stamped) .fdvt.~ CARL y, THOMAS SR. NOlllry Public 01 TOllor; HARRIS COUNTY My Comm, Exp, 03-3'.99 -r""P'.....f ........,~ - l' '. ~'Wjl~(i'j.~ SAVIN G S ~ OF AMERICA ~~ A Olllislon or Horne Savings 01 America. Fsn Facility Support Services. 170t.A Crosspoint Avenue. Houston. Texas 77054.3707 Area Code (713) 795.0085. FAX (713) 796.0033 May 30.1995 Mr. Stephen L. Doherty Permits Supervisor Departments of Central Permitting City of Clearwater P.O. Box 4748 Clearwaterl Florida 34618-4748 ... RE: SAVINGS OF AMERICA SIGN VARIANCE APPLICATION (SV 93-68) .'. Dear Mr. Doherty: Savings of America is requesting a sign variance for the sign located at 25749 U.S. Highway 19, Clearwaterl Florida for the following reasons. . The Savings of America building is located on U.S. Highway 19. The building is not visible from Highway 191 but the sign does offer identification for Savings of America. (See attached photo A) . If the sign was lowered, the surrounding trees would block the sign's visibility. (See attached photo 81 and 82) . Because the sign offers the necessary building entrance identification for our customers. removing or lowering the sign would cause the customers to concentrate their attention away from the highway, looking for the building entrance. In so doing they may stop suddenly when they realize the entrance is upon them or slow down excessively causing auto accidents in the lane behind them. Savings of America has had a presence in this community for several years and the sign has not detracted from the aesthetics of the surrounding area. Thank you for your consideration. We look forward to your decision regarding this sign variance. . ." ~ ' l ~ ,,' ,>/: . 'J" '- " ':: I. ~ ' : -"' < 1:' ; '.' .', . '. ....",~.w........ 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I ~ 25485 $10111 I 100 ~r 60 ~l \ SIGN VARIANCE REQUEST NAME: HOME SA VINGS AMERICA / SA VINGS OF AMERICA / DA VIS SV # S3-68 PUBLIC HEARING DATE: AUGUST 3, 1995 ATLAS PAGE: 2678 SEe: 9Jl TWP: 2.9. SAGE: 1.5. E CLEARWATER CITY COMMISSION T ..... r ~ , ...... ....~.. ......T...... .. ..._.......~ ........._~.._ . Onr+ ........ ~~. ...... ~~.. -...._... . ... , .. ....- ......... .... ,-. - .. .~.. . '. . "- i: , \ ~ fR .. t ~ ( ~ ~ .' .. If .. i .. ~ · ,E ... -c r-----\ ~ ! r, I I '" ~~_~" ! ~ ~ ~ ~ z ....)~_!,o""".1 \ \ !J f! r f.. .~ _'c.t-J~Sl I ~~- 'f)~ I ~ I\~ [ \ t ~ ~ c _ \ 5 ~ \ ~ I ___--1___11I1 '$'"..---- J; I Q" t ("TP'~ I I , . ~ Q '(l,h ~)~Ue / -~--I ". 1 ~ I ~ I ~~ r'') I "-"" I I ;;':z: I I-C ~---'Oll-r J..n. I; I I , : S I 7 i' C ;; f ; ~; I 'lA- ."'CU-" L ";Yo- ~ 0""'><1" ~~ I I .. ~ Ii' . 51 a , 'M;:) o Cl II: :s 0 I I !>> 0 I .. 0 I <: 0 I ~ 0 01 1 G pu-nw,.c; I ~ r~ I ~ ~.. ~ J. ....." ...... ~ I ~ " ~ ~ ......... ~ ~ ~ " ~ , ........ ~ ........ ::: < 4; ~ r;:i r:;; I~~~~ c ~~ .~ ~ c ~ .. .... 1 I >. " ,'" ,.." ,.' ;\ , . e (.,.," ' ''', :' " ~. '.: ~ ' (~. ..' .~ .' " . :'~.. . ,'. .<.C. . ,~ ') , , ,h.,., ~.........;~,;., . .,." ...... AGEN~DA' .. . " ~ "'. . . I DATE ..... . .' '.' ITEM #~ .. ',' . ' . .,' r917 I. \ ,. t ......., +U-"__.u,J, . ,....'...... ~', ~ ,';'..:,,3;;1:,: :~. ..:~,,~":,:,",.~,,: .- 'IN:::. ~=. - ... .. cf~~ Clearwater City Commission Agenda Cover Memorandum f I Item # Meeting Date: ~l g ~:3. qS SUBJECT: Petition for Annexation, Future Land Use Plan Amendment, and Zoning Atlas Amendment for 109 Meadow Lark Lane B; Owner: Lisa A. Kadlec (A 95-14 & LUP 95~16) RECOMMENDA TION/MOTION: Approve the Petition for Annexation, Land Use Plan Amendment to Residential Urban, and Zoning Atlas Amendment to Single~Family Residential nEight" for Lots 1 & 2, Block 2, Bayview City Subdivision including the abutting alley to the south of the property, and pass Ordinances No. 5870-95, 5871-95, and 5872-95 on first reading. o and that the appropriate officials be author'fled to execute salOO. BACKGROUND: , I i I I i I , 1 I 1 t; ~ ': .. i ~ '! The subject property is located approximately 400 feet east of Bayview Avenue and 750 feet west of McMullen Booth Road. The applicant wishes to annex in order to obtain City sanitary sewer service which is available on Meadow Lark Lane and Virginia Avenue. This property is contiguous to the existing City limits. This property is a nonconforming duplex and will remain a nonconforming structure after annexation. The alley on the south side of the property is platted 16 feet, but is not open. The property has an assessed value of $ 46,800. The lots in Bayview City Subdivision which are in the City have a Future Land Use Classification of Residential Urban (7.5 u.p.a. max.) and zoning of Single Family Residential "EightU (RS-8) except for the property to the northwest which is RMH (Mobile Home Park). The County Future Land Use Classification for this parcel is Residential Urban. It is proposed to assign the property the same Future Land Use Classification as on the Countywide Plan, Residential Urban, and zoning of Single Family Residential II Eight. " ~~ ~ .\ , I The Engineering Department recommends that the abutting alley to the south of the property be included with this annexation. ' The Planning and Zoning Board held a public hearing on this application on July 18, 1995, after which they unanimously endorsed the proposed annexation, Future Land Use Plan Amendment to Residential Reviewed by: Legal Budget purchns i ng Risk Hgmt. CIS ACM Other NIA NIA ilIA NIA N~A , (~'.l" L NIA Originating Oept: CENTRAL PERMITTING Costs: S NIA Total User Oept: S Current fiscal Yr. C~ission Action: o Approved o Approved w/conditions o Denied o Continued to: It 5\) Advertised: Dote: 7/3/95 & 7/11/95 roper: TAMPA TRIBUNE o Not RCt:IUI red Affected Partiea ~ Not if t ed o Not Rcqul red flrdlng Source: o Copi tal Irrp. o Operoting o Other A ttocl1lllcnts: ORDINANCES NO. 5870-95, 5871- 95 & 5872-95 LOCA TI ON MAP su.itted by: City ~e~ I Appropriation Code: o None ~ Printed on recycled paper (A 95~ 14 & LUP 95-16) Page 2 Urban, and Zoning Atlas Amendment to Single-Family Residential "Elghttl (RS-B) to the City Commission. Pertinent information concerning the request is summarized in the tables bf3low. EXISTING ZONING AND FUTURE LAND USE OF APPL1CANT'S AND SURROUNDING PROPERTIES LOCATION IN CITY FUTURE LAND USE OR PLAN CATEGORY ZONING ACTUAL USE COUNTY Subject County Residential Urban R-3 Single family residential Property North City Residential Urban RS-B Single family residential County Residential Urban R-3 Single family residential South City Residential Urban RS-B Single family residential East County Residential Urban R-3 Single family residential County Residential Urban R-3 Vacant West City Residential Urban RS-8 Single family residential ZONING RESTRICTIONS DESCRIPTION RS-6 REQUIREMENTS '::Y':~:;':;~:{i::W1~::~~':~~!:~i;::trlij~fl~f,~:i;ii:.~;i:~;,;;;;::'i:',:!t::::~:~;,:';;:i':, :,?:':-'>.::.?(REClUIAEMENTS':-,;':'-' ., ....~, .':,;'.. .,.::;' ; '.' .,' ... ,. ,.,'. <, . ......',,' ,.'. '.'.<" ,."T~ ,,::.: <' ,. ',: ~ .C:;:;-:;:::8,:::~;;:'!fi}~5;tti'f~'~~(~~!;:rri'~x:?!Li:::;,;;;1;:::;\ :.::(::/),)i~;:o'QQ:.ti~~'~;:::ft~::i;'riJ:j'n:::\:r':.::r!~:' <~:::~':::'i{;";:,:';~':~,:'.~,:~,9~_:.~~~~:T.~P.,~'~:";!.::{'v',::~:.,.:: <. :.':' ,:..>,:>~::~ ::':',:,:~'~::~:<;:,::~'::,:}:::.':,~".<' .~....::. :' ';" .. ," EXISTING Density Lot Area Lot Width at setback line Depth 5.5 u.p.a. max. 7,000 sq. ft. min. 70 ft. min. 3.4 u.p.a. 12,770 sq. ft. (2 lots) 100 ft. (2 lots) 85 ft. min. ,. '.. ':..':,:.:',< :~' '.'/:;:: '/':':;',.'.';,>'" :.).:::, ::.: ...,',' <::.".':\ ., -' ,." "'. ,. . eo eo .. .. . ." . 80 ft... . . .., ''''..' c" :>';,":::.::;'.'.':"/'):;, .,:;.. <.mln~',:"":'" ,.,..::,:':: 128 ft. OTHER REQUIRED REVIEWS AGENCY YES NO Pinellas Planning Council/Countywide Planning Authority X Florida Department of Community Affairs X ABBREVIATIONS: R-3 Single Family Residential (County) RS-6 Single-Family Residential "Six" (City) RSM8 Single-Family Residential nEightn (City) u.p.a Residential units per acre a9514.cc .\ ';t ORDINANCE NO. 5870.95 AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA. ANNEXING CERTAIN REAL PROPERTY LOCATED EAST OF BAYVIEW AVENUE AND WEST OF MCMULLEN BOOTH ROAD. CONSISTING OF LOTS 1 AND 2, BLOCK 2. BAY VIEW CITY SUBDIVISION, WHOSE POST OFFICE ADDRESS IS MEADOW LARK LANE. l09A AND 109B. INTO THE CORPORATE LIMITS OF THE CITY. AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION: TOGETHER WITH THE ABUTTING ALLEY TO THE SOUTH: 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 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: Section 1. The following-described proper'ty is hereby annexed into the City of Cl ea rwater and the boundary 1 ines of the Ci ty are redefi ned accordi ngly: i Lots 1 and 2, Block 2. Bay View City S,ubdivision. according to the map or plat thereof as recorded in Plat Book 9. Page 43. of the pub 1 i c records of Pi ne 11 a s County. FL. toge ther wi th the abutting alley to the south. (A95-14) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Comnission hereby accepts the dedication of all easements, parks. rights-of-way and other'dedications to the public which have Ileretofore been made by plat. deed or user within the annexed property. . The City Engineer. the City Clerk and the Central Permitting Director' a"e directed to include and show the property descri bed he rei n upon tIle offi ci a 1 maps and r'ecol'cls of tIle Ci ty . Section 3. This ordinance sl'lall take effect illlnediately upon adoption. The City Clerk shall file certified copies of this ordinance. including the map attached hereto. with the Cl erk of tile Ci rcui t Court and with the County Administrator of Pinellas County, Flot'ida. within 7 days after adoption., and shall file a certi fied copy with tile Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED ~ Rlta Garvey Mayor' - Cornmi ss i oner Appl'ovecj as to forlll and 1 ega 1 s uffi c i ellcy : palll~11 ~l. C.I ty At tOr'"ey ^ttest: C,yn till u E. GOllclea ll. City C 1 el'k ORDINANCE NO. 5B71~95 AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA. AMENDING THE FUTURE LAND USE PLAN ELEMENT' OF THE COMPREHENSIVE PLAN OF THE CITY. TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED'EAST OF BAYVIEW AVENUE AND WEST OF MCMULLEN BOOTH ROAD. CONSISTING OF LOTS 1 AND 2. BLOCK 2. BAY VIEW CITY SUBDIVISION. WHOSE POST OFFICE ADDRESS IS 109 MEADOW LARK LANE B. AS RESIDENTIAL URBAN: TOGETHER WITH THE ABUTTING ALLEY TO THE SOUTH: PROVIDING AN EFFECTIVE DATE. WHEREAS. the amendment to the future 1 and use pl an el ement 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: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designatlng the land use category for the hereinafter described property as follows: Property Lots 1 and 2. Block 2. Bay View City Subdivision. according to the map or plat thereof as recorded in Plat Book 9. Page 43. of the public records of Pinellas County. FL. together with abutting alley to the south. (LUP95-16) Section 2. This ordinance shall take effect immediately upon adoption. contingent upon and subject to the adoption of Ordinance No. 5B70-95. Land Use Cateqorv Residential Urban PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED ApprOved as to form and legal SUff~nCY: iL~ ~ ' Pamela K. ln City Attorney Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk " ORDINANCE NO. 5872-95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA. AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED EAST OF BAYVIEW AVENUE AND WEST OF MCMULLEN BOOTH ROAD, CONSISTING OF LOTS 1 AND 2. BLOCK 2. BAY VIEW CITY SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 109 MEADOW LARK LANE B. UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS SINGLE-FAMILY RESIDENTIAL 8 (RS-8): TOGETHER WITH THE ABUTTING ALLEY TO THE SOUTH: PROVIDING AN EFFECTIVE DATE. " ;' WHEREAS. the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate. and is consistent with the City's comprehensive plan: now, therefore. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 'OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation' into the City of Clearwater, and the zoning atlas of the City is amended. as follows: Prooertv Zoninq District Lots 1 and 2, Block 2. Bay View RS-8 - Single-Family Residential 8 City Subdivision. according to the map or plat thereof as recorded in Plat Book 9. Page 43, of the public . records of Pinellas County, FL, together with the abutting alley to the south. (A95-14) Sect ion 2. The. Centr a 1 Permi tti ng 'Di rector is di rected to revi se the zoning 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. 5870.95. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED '. Rita Garvey Mayor.Commissioner Attest: Cynthia E. Goudeau City Clerk I ,I 1 I 'u l"j 161 ;:j ,.:; '..'" ,~. ,:) - ...... ., >. " . ~ .. t ... 1:.5 ;~fl).}MJ~~ ~l[J' ~- "=' 0 I, ~, . ~, ., : . 1 ,." /"'-- l:'~~L'lVi~J ~ I ~ fi ~ ~'~~.: ::; ::; ;; I...~ _ _ _ "". po, ,.. ,...., to. 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'\ L ^ ~.J D P80POSEb ANNEXATION P L A r'~ c LAS S I Fie A T I 0 t--.J and ^ 1 5 - I LI z 0 ~-ll N G KADLE.c. USE rL^tJ J___ Z 0 t,) I ~J G I t'1l0"r:n'fY DE5Cl1lrTIOII 1lllllllllrtll1111 \ c\ 2. I C I r '( L.OT S l e:,AV VltVV ~Lk., ~ S LI& U fl.", \~ ,\ ,v cnlltllY I',C::, ~.) I\) E. ,\,) r I i\ L r~, - ~ 0,2. q ^ r:: 11 1: S U r , r> ^ rJ P-.s. }] r: I I Y I' F '", I '" F. J"') r I , \ \- [I I (III T I) r w ^ y ',' ,. I I (\ /I IG 1'1 AlII'''/(; ,,1111 7.01l1l10 f1fH.ll[) r n ',v II .; II , I' .l..CIl E r, .-- ------- J'-'-'--~;~--:;-'~~~~~~:, ~l~;;"-'--'--_.-------"" ... -- . ............ _....._._, _..____~.....................................___...__~ .....-....--------,---.. _______...._ '. .4_ ., 2 1 ~ II ^ II f\ I: I G F:: A , l .I, ') ,." (If 2. 9 2 A ~_.- I .1 t tr\ . 1 ~ I . , . . t II') 5 ~ ~ i . ! \1..- , ; '{'~~!~'~~ ~ , t I ... ~'.'" 1 .. I ~~ I. :~;! i~ :~'., !'~, . >. I '":.:..~ .... .'-, "VI ~ Q . J Ii 11 j - "" "'''''. ~"---1 ~l 1 t ~ -t1+-1lnO~l ~ ; ~ :i ! , L_.. ~'n ----- '000 "JI<J tJ. b , ......IIf.,~ . .. :; 1l1~ '\. j "\ j ~ .. / .... a. _IH3'J. "" ,.JI<Q'b. --. .... I \1 \1 CJ :;., ~\ i ~ I .....IHwt-1- ~ 1 ~ ',"" lr""I~ j ~'i- ......,. 1'"11- >J.'I,V S.1ln:;hi)H ~ ~ ,J I '" .. . I I I I '---.... 1 ....) i~ 3 5 ~ i ;; ")o\V "Ot.lil1lf"... - "').\Y ~ '" '}.'t" -WI ~]H ... Vtlll<tiIH "'\or,. ')..,.........~. __ )u'" - ~ )\' - - ,,,,,roo - )A."rI "'f~U'" _ _ 2 -'~.., dlJJ.!'~ r I I I I Oi ... <I II 01 j (l :.:; p........;; yo,J..-,( 1;; ~ 1'):1 { : PV", ",,"'" "'" ... .. .. .." <z: =2 ~ (oJ CQ t~J I ~ '" ... rt ,4 9 _"5- - 17' 1 - . ' I, . - ~.~. C\J5 Clearwater City Commission Agenda Cover Memorandum ld- I t(!fll # Heetlng Dote: , , I Z.3.c;5 SUBJECT: Petition for Annexation, Future Land Use Plan Amendment, and Zoning Atlas Amendment for 1531 Stevenson Drive; Owner: Thomas L. Booth (A 95-15 & LUP 95-17) RECOMMENDA TION/MOTION: Approve the Petition for Annexation, Future Land Use Plan Amendment to Residential Low, Zoning Atlas Amendment to Single Family Residential tlEighttl for Lot 7, Block B, Stevenson's Height including the right-ot-way of Stevenson's Drive abutting Lots 7 and 8, Block B, and pass Ordinances No. 5875-95, 5876-95, and 5877-95 on first reading. . [] and that the appropriate officials be authorized to execute some. BACKGROUND: The subject property is located approximately 270 feet west of North Betty Lane on the north side of Stevenson Creek. The applicant already has City sewer service, but wishes to be part of the City to receive a City loan to renovate the property. The subject property has an assessed valuation of $ 50,200. On July 20, 1995 the City Commission approved the annexation for the adjacent property southwest of this lot making it contiguous. The majority of the subdivision is in the County. The west portion of the lot has a Countywide Future Land Use Classification of Residential Low and Preservation, while the south and northern portions have a classification of Residential Low. It is proposed to assign the same classifications to the applicant's property. The lots in Stevenson's Heights are developed with narrow side setbacks. This type of development best fits into the City's Single-Family Residential UEightU zoning district, and it is proposed to assign this zoning to the applicant's property. The Engineering Department recommends that the right-ot-way ot Stevenson's Drive lying southwesterly of Lots 7 and 8, Block S, be included with this annexation, and that the abutting right-of-way of Stockton Drive not be annexed at this time. The Planning and Zoning Board held a public hearing on this application on July 18, 1995, after which they unanimously endorsed the proposed annexation, Future Land Use Plan Amendment to Residential Reviewed by: legal Budget Purchesfng Risk Hgmt. CIS AeH Other NIA "'I'" NIA NIA NIA -1:. ~I ~ HI'" Originotil1:J Dept: ;/ L COSts: CENTRAL P ITTING~~ $ MIA Total CllCIQission Action: o Approved o Approved w/condftfons o Denied o continued to: S Current Fiscal Yr. User Dept: itA (e y Advertised: Date: 7/3/95 & 7/11/95 Paper: TAMPA TRiBUNE o Hot Requi red Affected Parties 1m Motififtd o Not Requi red Flrding Source: o Cap\tal t~. o Operat ing o Other Attachlllcnts: ORDINANCES NO. 5875-95, 5876- 95 & 5877-95 lOCI\nOIl HAP StbIitted by: Appropriation Code: o None City Manager ~ Printed on recycled paper A 95-15 & LUP 95-17 Page 2 Low t and Zoning Atlas Amendment to Single-Family Residential U EightU (AS-8) to the City Commission. Pertinent information concerning the request is summarized in the tables below. EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND SURROUNDING PROPERTIES LOCA TION IN CITY FUTURE LAND USE OR PLAN CATEGORY ZONING ACTUAL USE COUNTY Subject County Residential Low R-3 Single family residential Property North County Residential Low R-3 Single family residential South County Residential Low R-3 Single family residential East County Residential Low R-3 Single family residential County Residential Low and R-3 Single family residential West Preservation City Residential Low . RS-8 Single family residential (the owner of Lot 20 has requested for annexation) ZONING RESTRICTIONS DESCRI PTI ON RS- 6 (1;~~\~^~~~1ThW~~w~~r~r;\!\:;:j EXISTING REQUI REMENTS Density 5 . 5 u . p . a. max. :::::)::;:,::J.;');;':~;~'~j:m$t~';~::'trt~'~~~.::;:.::it::::~\:,::;,.:::: 5.4 u.p.a . Lot Area 7, 000 ft. min :':' :', ::".:-:-:':::":':f,::"~"';:'::" '., :':":'/):'(i::":":('>::: :~:';:-:"::: t. {':' ::'./. 8,000 sq ft. m.o.1 sq. . ...... . 5'OOO'sq...ft" m.n.......'. . . :....::::t.~:cf=:.':. '. ~, .. :: " ..~:. .~:~'." ...:;>;c..: .~.' : ::::::':'::'\'\:?:':>50;ift":':'ihi'~ '::::' " n. ;" ." " Lot Width at 70 ft. min , 80 ft. . .':..' ,: ..-:.:..' .::, ; :: .'; ~:-.;; : ",.,'." ,',' . -, .. ::' .; r :~' : :..:-, .~ < :,.;: :~:," "<T'.' ': " '. :'~ .c, . >" : c:,. .. "'., . ,': ..., , setback line :~:,~'~~::/) :f~t::~,:~~.~(, :~+:~~,~.~i\ ;?; '> ~.~,~:~ "~:;~ ~ ::::;, ~ :'::: ' : ;. , c.' <, .. Depth 85 ft. min . ,;:., ,:'.'::':::"":~::'{:?::".t:~8.Q::':f+::::'mi:h::(':': ,.,..'.:,';...:::,'.'., 1 00 ft. OTHER REQUIRED REVIEWS. AGENCY YES NO Pinellas Planning Council/Countywide Planning Authority X Florida Department of Community Affairs X ABBREVIATIONS: R-3 RS-6 RS-8 Single Family Residential (County) Single~Family Residential "Six" (City) Single-Family Residential nEight" (City) u.p.a Residential units per acre a9515.cc ORDINANCE NO. 5875-95 AN ORDINANCE ,OF THE CITY OF CLEARWATER. FLORIDA. ANNEXING CERTAIN REAL 'PROPERTY LOCATED WEST OF NORTH BETTY LANE, CONSISTING OF LOT 7. BLOCK B. STEVENSON U HEIGHTS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1531 STEVENSON DRIVE. INTO THE CORPORATE LIMITS OF THE CITY. AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; TOGETHER WITH THE RIGHT OF WAY OF STEVENSONS DRIVE ABUTTING LOTS 7 AND 8, BLOCK B. SAID STEVENSONS HEIGHTS: 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 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: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 7. Block B. Stevenson's Heights, according to the map or plat thereof as recorded in Pl at Book 34, Page 13: pub 1 i c records 0 f Pinellas County, Florida, together with the right of way of Steven sons Drive abutting Lots 7 and 8. Block B. said Stevensons Hei ghts. (A95-15) 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 property. The City Engineer. the City Clerk and the Central Permitti ng Oi rector are di rected to i ncl ude and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance. including the map attached hereto. with the Cl erk of the Ci rcui t Court and wi th the County Administrator of Pinellas County. Florida. within 7 days after adoption. and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED "\ ~ita Garvey Mayor-Commissioner Approved as to form and leg~ sufficiency: pame~~~in. City Attorney Attest: Cynthia E. Goudeau. City Clerk " , ORDINANCE NO. 5876-95 .' AN ORDINANCE OF THE. CITY OF CLEARWATER. FLORIDA. AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY. TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED WEST OF NORTH BETTY LANE. CONSISTING OF LOT 7. BLOCK B. STEVENSONS HEIGHTS SUBDIVISION. WHOSE POST OFFICE ADDRESS IS 1531 STEVENSONS DRIVE. AS RESIDENTIAL LOW: TOGETHER WITH THE RIGHT OF WAY OF STEVEN SONS DRIVE ABUTTING LOTS 7 AND 8. BLOCK B. SAID STEVENSONS HEIGHTS: PROVIDING AN EFFECTIVE DATE. WHEREAS. the amendment to the future 1 and use pl an el ement 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: , I" I Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Prooerty Lot 7. Block B. Stevensons Heights. according to the map or plat thereof as recorded in Plat Book 34. Page 13. public records of Pinellas County. Florida. together with the right of way of Stevensons Drive abutting Lots 7 and 8. Block B. said Stevensons Heights. (LUP95-17) Section 2. This ordinance shall take effect immediately upon adoption. contingent upon and subject to the adoption of Ordinance No. 5875-95. Land Use CateQory Residential Low PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED \ Rita Garvey Mayor-Commissioner Attest: Approved as to form and lelt;~encY: Pamela K. P. in City Attorney Cynthia E. Goudeau City Clerk ORDINANCE NO. 5877-95 AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA. AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED WEST OF NORTH BETTY LANE. CONSISTING OF LOT 7. BLOCK B. STEVENSONS HEIGHTS SUBDIVISION. WHOSE POST OFFICE ADDRESS IS 1531 STEVENSONS DRIVE. UPON ANNEXATION INTO THE CITY OF CLEARWATER. AS SINGLE-FAMILY RESIDENTIAL 8 (RS.8); TOGETHER WITH THE RIGHT OF WAY OF STEVENSONS DRIVE - ABUTTING LOTS 7 AND 8. BLOCK B. SAID STEVENSONS HEIGHTS; PROVIDING AN EFFECTIVE DATE. WHEREAS. the assignment of a zoning district classification as set forth in this .ordinance ;s 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: Section 1. The following described prdperty located in Pinellas County, Florida. is hereby zoned as indicated upon annexation into the City of Clearwater. and. the zoning atlas of the City is amended. as follows: Property Zoninq District Lot 7. Block B. Stevensons Heights. RS.8 - Single-Family Residential 8 according to the map, or plat thereof as recorded in Plat Book 34. Page 13. public records of Pinellas County. Florida. together with the right of way of Stevensons Drive abutting Lots 7 and 8 Block B. said Stevensons Heights. (A95-15) Section 2. The Central Permitting Director is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption. subject to the adoption of Ordinance No. 5875-95. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED , Approved as to form and 1 eg~Uft 1ncy: PaRte a K: AKln City Attorney Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk l J.'- ~- -~' \ ! :) I ' :..." AI/ I crrv b_~~., ~. I Pqcp~qr- ~ :l E <{3~-4-; f7Slp 'I I 1 ~~ :.: I ---- '__~'"""" p ',:,'C~ ..... ~ , , "'" ~ ~... s-'?_ ' 1\' , ........ .........., . 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I -- OS/R 0.1,\:0..'_11:':' 11"./1) RU s.:,:.~ ~ e i:......-.~O I ,....J DUll LIe: JON=-C:: I I I... . ...._ -1-' D - ;., , :..-- S~EI '" '~ L 10 '''051 ~ '''0; .. 1- 11 o OVERLE:.A '" . ~ ,,...- I ,. i I -, ~! 9 r315 1311 e i ....-.' '''(-).0 7 - ~ '::> C: ~ :: ..., '" o Q r: ~ .... o ~ ':: j .... ..., .. - "E} ..: 5t=.! crT~ O"".;:D 1-10.' Y()Jn-. Cf~7!~ i:' e 1~1~-e.c \ J In', , -- 2 'O~CI.I PROPOSED ANNEXATION LAND USE PLAN CLASSIFICATION and ZONING OWHER .'PPLICAHT SOOTH T '\ LAN 0 USE P L A l'i L A q5"~ 15' ZONING PROPERTY DESCnlPTlOH \,-OT 7 BL r.:::: B I I S"T 6 V e ,J SON (.tIS :: 0 lUI T )' RES l 0 E 0 T r q L L. U ~} K-3 0, \ e. AcnES C IT Y RcstD~IJT(A L ~s 8 11 I G H T 0 F W I, ';' AC/l(~ --_..........._.--..~...-- .....-...,------- --- .-..-.-----.- ...._~_........- .............-. ...- " L ... 'u r I t j(~ ,,/I d :: (') I j I It C n (') ... 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'l1~ ~ ....., t ~ -......'.... ~_~-~1 (,;~;~I 0, - L.- ( ffil1 A TMqN -.---' ". JPl~~ \-) ~ ~;B S~~VENSON ORIVE ~.~ % CASE H A95-12, lUP 95.14 f7 '; P I ~ .. .... ~1 t-; .. e. -:; c.. P 5 1~\~: \ .,~ .~ ~\~ r~ s, -,:~~ ~ 1 F ~R\MONT ~ ll~: p r.. 7 5 5 t't _- . --(AL; ,~.' 'n1~~ ~~l '-' ...~. 10 ::h'l.~r, ~&:;~: 1.:'- 1 <l ;!'! ~!i-'t!a '>':': :- ,,.,p ~~:. imi ~ ~.. ~~:- 0:-'1:",::;. ~~,:;:~ ~t p,''J..'-' n...'.. -'.'-"11 ~...... .... . . ~:,,:, 5?: ~" :-'~:. ":~:-:.,,,*,,",'t.,!"II ....... _.... L 161b 1,o;~J:: ~ ~ 11i1.1 g{E}1,. .., :';\i';: , 7 ~ ~ t~.~~:: Q} ::,.r:~~, ~ @ OS/R tllh ',.n..\- .!" ....~l ,.. .. .. " ~ .. ,,~ 1~1"-"tl i'u,,) ~ ::,. '" ., .). 1 ;. /01 ') I~';; '~JI 11 10 I~OP '" <:> I~O~ ~ L o QVERlI.A '" ---- ;; ..., .., ,.. <:> too CJ ~ ':: ..., ~ 9 5 J3J,~ IJ" D~OV ... ~ 1-7 o _ t- ~ -.: rEI ~; 7 [) T'S I "" \t' ~~ PHILLIP JOI..JES FIELD RUSSEl!. SlREIT-S- .----_-----.--~~~: ---~--1 fI(l C'h O....jtfl 'lr), 1 ~C\I1H C( oJ l[r' r> P , !11"-I'C1 . ':. Jn~ '-11[.. ~~, .r-,. _r_ rnUPOSED ANNEXATION LAN D USE P L ^ ~~ C: l ASS I FIe A T ION a fl d Z 0 N I N G OW HE n APPlICAHI BOOT\-\ \ L ^ q~- 15" L^ND USE PL^tJ ZONING /'ItOPEnTY OEr.CfllPrIOIl BI {-lIS LoT 7, 13L~ S\"SverJ $otJ COI"ll), RES I DEtJTIr'l L L. c..? L.......> Q - 3 o. \ CO ^CflES ell Y R6S(D~JJr(AL RS '0 1\ , (; 'l"{ 0 1= W /, '\' "'t:llr~ PI ,&..I/"lIl<i I>lH1 101""0 IIOAllll . \... C I"')" COM IA I :. s I 0 II ';J C 1 '(l" \0 '[ (I W II ,.., III I' 2,<1 I t t, I/(' , I 5 r ). "I I .I..!i /, ^ (i I 1_ E, q 13 (. .... .. fO~~l ~~~r ,.,.',' "'0'" , II ~'I!:, c\.>\'\ I .' ,. # .,. , . !, , R3TAWRA3JO -=10'YTI:. 8~11'lil~:r;3() JAriT!~ =.:~.I Linda Byars. " City of Clearwater Economic Development 10 South Missouri Av~nue Clearwater FL 34618-4748 i ,', i; Dear Linda Byars: ,. . Re - (8--.. August L 1995 I~~~!LI CENTRAL PERMITTING CITY OF CLEARWATER This is to confirm our phone conversation todaY.I wish to withhol~ my petition for annexation into the City of Clearwater from the City Commission meeting on August3rd,1995. I will require additional information as to the specific improvements and related costs involved with meeting City Code requirements for my property at 1531 stevenson Dri~e. Clearwater FIt 34615. '. ,;~ Thank You 7 ~4~~~A~ 't'homas L. Booth e ':it.:. ;f - -:-:.~. Cf~ Clearwater City Commission Agenda Cover Memorandum 13 Itl:m # Heeting Dotc: 't.3'C15 SUBJECT: Petition for Annexation, Future land Use Plan Amendment, and Zoning Atlas Amendment for 412 Oakmount Road; Owner: Fred O. Clark, Jr. & Valerie P. Warren. (A 95-17 & LUP 95-19) RECOMMENDA TION/MOTION: Approve the Petition tor Annexation, Future Land Use Plan Amendment to Residential Low, Zoning Atlas Amendment to Single Family Residential "Six" tor Lot 2, Oakmount Subdivision and the portion abutting Oakmount Road right-ot-way lying between Lot 2 and the west side of Lot 9, and pass Ordinances No. 5878-95, 5879-95, and 5880-95 on first reading. [] and that the appropriate officials bc authorized to execute same. BACKGROUND: The property is located approximately 280 feet east of Belcher Road and 140 feet south of Sharkey Road. The applicants wish to annex in order to obtain City sanitary sewer service which is available on Sharkey Road. The property is contiguous to the existing City limits. The property has an assessed value of $ 64,200. The lots in Oakmount Subdivision which are in the City have a Future Land Use Classification at Residential Low (5.5 u.p.a. max.) and zoning of Single Family Residential"Sixlt. The County Future Land Use Classification for this parcel is Residential Low (5 u.p.a. max.). This subdivision has a mixture of Future Land Use Classifications. It is proposed to assign the property the same Future Land Use Classification as on the Countywide Plan, Residential Low, and zoning at Single Family ResidentialltSixlt. The Engineering Department recommends that the portion abutting Oakmount Road right-at-way lying between lot 2 and the west side of Lot 9 be included with this annexation. The Planning and Zoning Board held a public hearing on this application on July 18, 1995, after which they unanimously endorsed the proposed annexation, Future Land Use Plan Amendment to Residential low, and Zoning Atlas Amendment to Single-Family ResidentialllSixtl (RS-6) to the City Commission. Pertinent information concerning the request is summarized in the tables on page 2. Revi cwed by: Od.;...,;... _opt, 6 t... Costs: S MIA CalIIIission Action: Legal N/A CENTRAL PERHITTING -/ Total 0 Approved Budget NIA 0 Approved w/condit;ons Purchasing NIA S Risk Hgmt. NIA CUrrcnt fiscal Yr. 0 Denied CIS ;6" User Oept: 0 Continued to: "CH ,I... I' '- Fooding Source: Other N/" 0 tapi tal 1ll'4'-. Advertised: 0 Operating Attnct.Ents: Date: 7/3/95 & 7/11/95 0 Other ORDINANCES NO. 5878-95, 5879- ,,''I'- Paper: TAHPA TRIBUNE 95 & 5880-95 0 Not Required LOCATIO'" H~P Stai tted by: Affected Parties Appropriation code: 0 ii:~ - lli) Notificd Nonc 0 Not Requi red City nage ~ printed on recycled paper J, , ..:r....',....... A 95-17 & LUP 95-19 Page 2 EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND SURROUNDIN,G PROPERTIES LOCATION IN CITY FUTURE LAND USE OR PLAN CATEGORY ZONING ACTUAL USE COUNTY Subject County Residential Low R-3 Single family residential . Property North City Residential Low RS-6 Single family residential South County Residential Low R-3 Singe family residential East City Residential Low RS-6 Single family residential West City Institutional/Limited P/SP & Institutional and Offices Office OL ZONING RESTRICTIONS 0 ESCR I PTI 0 N :~~~j;~1!!:~i,;11fJ[~{~:~~{;:J.~{t~i;:;;~:~!'f.1:j~:.i:;;'~~ RS- S EXI STI N G ",.~.,,'<.REQUIREMENTS ';0"'-:"" R EaU I REM E NTS ,:::s:>:~~::.:;~,..~, "."L ,-,'../:" ~.........'.~.'..' ".:.., ,'.. :,~::~.:>;::'':' Density ::~~~~;f{;]lr~x~1i~%f$;I~ri6'~R;;;;Mf;i~;::: 7 . 5 u . p . a . max . 4. 8 u . p . a . n . , Lot Area __illj 5 , 000 sq . ft. mi n . 8 , 900 sq . ft. m . 0 . I . Lot Width at __ilil1i 50 ft. mi n . 8 9 ft. setback Ii n e Depth tj~:~~~{i~l:;f~!i:a:grft~;~liti6:::~;:!.:;~!!;:J~;;i;::!::::::1 80 ft. mi n . 1 00 ft. . ., , , , , , . . . , , OTHER REQUIRED REVIEWS AGENCY YES NO Pinellas Planning Council/Countywide Planning Authority X Florida Department of Community Affairs X ABBREVIATIONS: R-3 Single Family Residential (County) RS-6 Single-Family Residential lISix" (City) RS-8 Single-Family Residential "Eight" (City) P/SP Public/Semi-Public (City) OL Limited Office (City) u.p.a Residential units per acre a9517.cc I 1 I 1 I, ORDINANCE NO. _5878-95 AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA. ANNEXING CERTAIN REAL PROPERTY LOCATED EAST OF BELCHER ROAD AND SOUTH OF SHARKEY ROAD. CONSISTING OF LOT 2. . OAKMOUNT SUBDIVISION. WHOSE POST OFFICE ADDRESS IS 412 OAKMOUNT ROAD. INTO THE CORPORATE lIMITS OF THE CITY. AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION: TOGETHER WITH THE ABUTTING RIGHT OF WAY OF OAKMOUNT ROAD LYING BETWEEN LOT 2 AND LOT 9 OF SAID OAKMOUNT SUBDIVISION: 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 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: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 2. Oakmount Subdivision. according to the map or plat thereof as recorded in Book 45. Page 43. public records of Pinellas County. Florida. together with the abutting right of way of Oakmount Road lying between Lot 2 and Lot 9 of said Oakmount Subdivision. (A95.17) I, ! Section 2. The provisions of this ordinance are found and determined to be cons i stent wi th the Ci ty 0 f C1 earwater Comprehensive Pl an. The Ci ty 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 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 maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance. including the map attached hereto. wi th the Cl erk of the Ci rcui t Court and wi th the County Administrator of Pinellas County. Florida. within 7 days after adoption. and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED '\ :. Rita Garvey. Mayor-Commissioner Approved as to form and legal sufficiency: pamth./f;;1. City Attorney Attest: Cynthia E. Goudeau. City Clerk ~.., . ORDINANCE NO. 5879-95 AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA. AMENDING THE FUTURE LAND USE PLAN .ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED EAST OF BELCHER ROAD AND SOUTH OF SHARKEY ROAD. CONSISTING OF LOT 2. OAKMOUNT SUBDIVISION. WHOSE POST OFFICE ADDRESS IS 412 OAKMOUNT ROAD. AS RESIDENTIAL LOW:. TOGETHER WITH THE ABUTTING RIGHT OF WAY OF OAKMOUNT ROAD LYING BEnJEEN LOT 2 AND LOT 9 OF SAID OAKMOUNT SUBDIVISION: PROVIDING AN EFFECTIVE DATE. WHEREAS. the amendment to the future 1 and use plan element 0 f 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: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: ' Property Lot 2. Oakmount Subdivision. according to the map or plat thereof as recorded in Book 45. Page 43. public records of Pinellas County. Florida. together with the abutting right of way of Oakmount Road lying between Lot 2 and Lot 9,of said Oakmount Subdivision. (LUP95-19) Land Use CateQorv Residential Low Section 2. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 5878-95. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED '\ Rita Garvey Mayor-Commissioner Attest: Approved as to form and l1ZUj:1ency: P ela K. 1n City Attorney Cynthia E. Goudeau City Clerk L.:.:.:." - ......., . . ,) <. ,~' ..: . . ORDINANCE NO. 5880-95 AN ORDINANCE OF THE CITY OF .CLEARWATER. FLORIDA. AMENDING THE ZONING ATLAS"OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED EAST OF BELCHER ROAD AND SOUTH OF SHARKEY ROAD. CONSISTING OF LOT 2. OAK MOUNT SUBDIVISION. WHOSE POST OFFICE ADDRESS IS 412 OAKMOUNT ROAD. UPON ANNEXATION INTO THE CITY OF CLEARWATER. AS SINGLE-FAMILY RESIDENTIAL 6 (RS-6); TOGETHER WITH THE ABUTTING RIGHT OF WAY OF OAKMOUNT ROAD LYING BETWEEN LOT 2 AND LOT 9 OF SAID OAKMOUNT SUBDIVISION; PROVIDING AN EFFECTIVE DATE. WHEREAS. the assignment of a zoning district classification as set forth in thi s ordi nance is found to be reasonable. proper and appropri ate. and is consistent with the City's comprehensive plan; now. therefore. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER. FLORIDA: Section 1. The following described property located in Pinellas County.. Florida. is herebY zoned as indicated upon annexation into the City of Clearwater. and the zoning atlas of the City ;s amended. as follows: Property ZoninQ District Lot 2. Oakrnount Subdivision. according RS-6 ~ Single-Family Residential 6 to the map or plat thereof as recorded in Plat Book 45. Page 43. pUblic records of Pinellas County. Florida. together with the abutting right of way of Oakmount Road lying between Lot 2 and Lot 9 of said Oakmount Subdivision. (A95-17) Section 2. The Central Permitting Director is directed to revise' the zoning atlas of the City in accordance with the .foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the adoption of Ordinance No. 5878-95. 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"1-1 ~ ;:..~ 2.7 ~.: . '~.~Ji4 300 };: ~~~ ("34~ ~3' '3'f." ':w: i:10 \ ~~; ,.~a~ 3?~ :~~g.. :.,~~I '. ~tt .~~:;. ~t }~. :;~ "1 ~ .J,t. ~. ,;3~ I .~. ,t~; I . 'j ~ . ~~!5:~, ..r....?'W .~..i ~!.:ft ;~(! h1 N ~~I;\Q ..~. ~.~iil ~'~f,n aJ~ ::: Jl ::'::1 .~... ~ ~..: . ~ .l'.f"~..__ l:~\ 0; ~:.:.~2a..,j~.. :'. .';5 \~'- 20 '('.. ..~ 1:1' ~~. ~.. -(j~ v-. .... ,..... P/SP t · . ~.. ~..,~ '5 ' ~ .,' , 7J~ .,' " '710 , ' . .t ~; , . ,.1\L;I.. . ; 1f':.:':J~ E-i .&. f 1-. ;;:-: ~o 21 "<b .. po 22 ..z,o 32/03 "- :~~; 'J~:, ~ ii:" ....'.... PO' ~ ': ~~6 .... ~S 2 6 ~ LI.. 61# m 32/0.3 ~ . .', ',a'';:' I ~~~(1' .:.:.~"~' :',. ~~'~.~.f~1.JI ":: ':.:;.J":-'~P~ 150 ~o 01-- ~/\ I .32~ ClEARwA TrR ~o - ~ ~ d lD ~ ~ PROPOSED ANNEXATION LAND USE PLAN CLASSIFICATION and ZONING QWHER APPLICANT AqS-ll wAR.Re~ , ~ .c.e... A R.K . PRO PER T Y 0 ESe RIP TI 0 ~j 'LAND USE PLAN ZONING Lo-r "2..., CJA\<MO~\ suB COU~ITY RE''5IDEtJTIAl- L.Ou.) R-3 o,'l.O,t,cnE$ CITY R6StD6UTIAL. L.cLJ nlGIIT OF.WAY ~s cO ....cn~:; PLAHHIHG Ilnd lOt/IHG BOARD J CITY COMWSSION SEe i lOti 07 '1. q :3 291 A \6 E ).. T l "5 'J A 0 E 'I' 0 W .1 Sill P RAtlOE . ~ . . .. ? -?-'t ~ ~ .,~ '. 'II l-:- ,..... ...;,~ ' ~i? - d'S - .. " aOJ - 60 l 'c . " '!OJ w ::J ~ 82 ; < .. t ~ : 81 6C ~ - "'- ..':1 -< --:-:-::- z ~ .F ~ --- ~ ~ -QO~_.~"-r----i ., I ~ :; I i i i \ 0-/\ .a.1-1~f-i ~ -----.> ! ~ -- --I ... I \1 'b...1 CJl I I 1._'0.- a ~... a I I I I I Of i 6 IJ yPd) ......... ... ......~ I". ~.,+. Lf -Sb b' ~ , ~ l ; ...l__'l '1'n- ---- QIII .I~<n). I. i j t ..~ .. ;z: 1- ... W 4 Z. ! g ~ ~ ." Q 1""--.... yv..-, '/;.- oj ~ ... ~ a: g c: < :z: .... '00 Ill.., U' ~ l1J 0/ ~ - IJ'O .......ntOYOJl q. III "1 t>'Ib Q .... ..,..:.,-"", ).;... 1.1''":).3" ~ tl ill , S .. .. ~ ; ~ i "'lo\......JJUII........- ~'f'- .- ..0 fl ~ ". f 'to "" i .. ~ ,,"", S )0. . ~ '"1^" IIWJ1 !113M -L".trr.)-..4, '')0\'1' JJJlln...II... -JHI"'l ')\y - - '.-.:lnoo Q oi :.:: ~ ~.~ ,~ YI c ~ , t fA i ~. 1 ::g ~ .. '" a. JHn~t-l- .. ~ 0 9 ~ M } :'i I f , \ I rJ . ' ~ ,;. .. . ~ c~'7 Clearwater City Commis.~on Agenda Cover Memorandum )l/ t tem II Heetlng Dote: ~.2.9=> SUBJECT: Petition for Annexation, Future Land Use Plan Amendment, and Zoning Atlas Amendment for 1236 Kapok Circle; Owner: Waldemar W. Sario & Lynn HasselJ (Attorney~in-Fact). (A 95-18 & LUP 95~20) RECOMMENDA TION/MOTION: Approve the Petition for Annexation, Future land Use Plan Amendment to Residential low, and Zoning Atlas Amendment to Single Family Residential "Sixn for Lot 14, Kapok Forest Subdivision, and pass Ordinances No. 5881-95, 5882-95, and 5883-95 on first reading. [] and that the appropriate officials be authorized to execute some. BACKGROUND: The subject property is located approximately 450 feet west of McMullen Booth Road and 530 feet east of Landmark Drive. The applicant wishes to annex in order to obtain City sewer service for the existing single family residence. The property has an assessed valuation of $ 83,300. It is contiguous to the existing City limits. The residential property in the area which is in the City has a zoning of Single Family Residential nEight". This subdivision has a mixture of Future Land Use Classifications. The lots which are in the City have a Future land Use Classification of Residential low (5.5 u.p.a. max.), Open Space IRecreation, and zoning of Single Family Residential "Eightn (AS-B). The County Future land Use Classification for this parcel is Residential low (5 u.p.a. max.). It is proposed to assign the property the same Future Land Use Classification as on the Countywide Plan, Residential Low, and zoning of Single Family Residential "Six". The applicant's property meets the minimum dimensional requirements of a Single Family Residential "Sixll lot. The Engineering Department recommends that the City not annex the abutting right-of-way at this time. The Planning and Zoning Board held a public hearing on this application on July 18, 1995, after which they unanimously endorsed the proposed annexation, Future land Use Plan Amendment to Residential Low, and Zoning Atlas Amendment to Single-Family Residential IISixn (RS-6) to the City Commission. I ! , Reviewed by: Originating Dept: Costs: S MIA C~ission Action: legal NIA CENTRAL PERHITT 1I1~ 0 Total 0 Approved Budget N/A 0 Approved w/conditions Purchas i 09 N/A $ Risk. Hgmt. N/A Current Fiscal Yr. 0 Denied CIS ~~I~ User Dcpt: 0 Continued to: ACH FU1dfng Source: . Other IUA 0 Capital Irrp. Advertised: 0 Operating Attachlllents: Date: 7/3/95 & 7/11/95 0 Other ORDINANCES NO. 5881995. 5882- I~rl' Paper: TAMPA TRISUNE 95 & 5883-95 0 Not Requi rcd LOCATION HAP SWlli tted by: Affected Parties Appropriation Code: 0 Clty~~~ ~ Not if i ed None 0 Not Required ~ Printed on recycled paper A 95-18 & lUP 95-20 Page 2 Pertinent information concerning th~ request is summarized in the tables below. EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND SURROUNDING. PROPERTIES lOCATION IN CITY FUTURE LAND USE OR PLAN CATEGORY ZONING ACTUAL USE COUNTY Subject County Residential Low R-3 Single family residential Property North City Open OS/R Open space/recreation Space/Recreation South County Residential Low R-3 Singe family residential East City Residential Low & RS-8 & Single family residential Open OS/R & Open space/recreation Space/Recreation West City Open OS/R Open space/recreation Space/Recreation ZONING RESTRICTIONS DES C R I PTI 0 N '.1'::i:i::~::~::::::::;;.:::.;;~::fit\:~:R~,~:~~[':;~r;~:;(::;;~::!:;::i:l!;Y};(:i: RS~8 EX I STI N G :::;::"':':'REoulRE'MeNTS:: ~..,.:,..' R Eau I R E M E NTS /;::.~;~?r. '''u' ,."." "'~ ..~. .... .". .n, _ ;, )..::. . '~)/.;i:{i'~:::' Density ;;~:~{rj::;;~:f:$i~':[)u!~~~~lfm~:~:1:;i~::::;~::~::iD 7 . 5 u . p . a . max . 4. 3 U . P . a . Lot A rea ~J~r~~~~~~~li~mi~~~ 5 , 000 sq . ft. mi n . 1 0 , 1 0 1 sq . ft . m . 0 . I . Lot Width at ;~~!~]~gJm~~~~~ll@~; 50 ft. min . 9 1 ft. setback Ii n e Depth .::~::~;:{;}:::~~'?:.;;;';'~.ij:~:H~~.::rriiri:2::::::;[;:mi:t(r::.~::; 80 ft. mi n . 1 1 1 ft. OTHER REQUIRED REVIEWS AGENCY YES NO Pinellas Planning Council/Countywide Planning Author~ty X Florida Department of Community Affairs X ABBREVIATIONS: R-3 Single Family Residential (County) RS-6 Single-Family Residential "Six" (City) RS-8 Single-Family Residential "Eight" (City) OS/R Open Space/Recreation (City) u.p.a Residential units per acre ~,.~ ORDINANCE NO. 5881.95 AN ORDINANCE OF THE CITY OF. CLEARWATER. FLORIDA. ANNEXING CERTAIN REAL PROPERTY LOCATED WEST OF MCMULLEN BOOTH ROAD AND EAST OF LANDMARK DRIVE. CONSISTING OF lOT 14. KAPOK FOREST. WHOSE POST OFFICE ADDRESS IS 1236 KAPOK CIRCLE. INTO THE CORPORATE LIMITS OF THE CITY. AND REDEFINING,THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION: PROVIDING AN EFFECTIVE DATE. u . 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 applicable requirements of Florida law in ~onnection with this ordinance: now. therefore. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF . CLEARWATER. FLORIDA: . Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: lot 14. Kapok Forest, according to th~ map or plat as recorded in Plat Book 47. Page 47. public records of Pinellas County. Florida. (A95.18) Section 2. The provisions of this ordinance are found and determined to be consi stent with the Ci ty of Cl earwater Comprehensi ve Pl an. 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 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 maps and records of the City. Section 3. Thls ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance. including the,map attached hereto. wi th the Cl erk of the Ci reui t Court and wi th the County Administrator of Pinellas County. Florida, within 7 days after adoption. and shall file a certified copy with the Florida Department of State within 30 days after adoption. ' PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED "\ Rita Garvey Mayor-Commissioner , Approved as to form and legal sufficiency: pa~~K.1it City Attorney Attest: Cynthia E. Goudeau City Clerk p....-~...;. . . ORDINANCE NO. 5882-95 AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA. AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY. TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED WEST OF MCMULLEN BOOTH ROAD AND EAST OF LANDMARK DRIVE. CONSISTING OF lOT 14. KAPOK FOREST. WHOSE POST OFFICE ADDRESS IS 1236 . KAPOK CIRCLE. 'AS RESIDENTIAL lOW: PROVIDING AN EFFECTIVE DATE. WHEREAS. the amendment to the future 1 and use plan element 0 f 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: Section 1. The future land use plan el~ment of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Lot 14. Kapok Forest. according to the map or plat as recorded in Plat Book 47, Page 47. public records of Pinellas County, Florida. (lUP95-20) Land Use CateQory Residential Low _ Section 2. This-ordinance shall take effect immediately upon adoption. contingent upon and subject to the adoption of Ordinance No. 5881-95. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal s~fficiency: pa~? t ~'n City Attorney Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk ...~....~ ."" . 0'1 ORDINANCE NO. 5883.95 AN ORDINANCE- OF THE CITY OF CLEARWATER. FLORIDA. AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED WEST OF MCMULLEN BOOTH ROAD ,AND EAST OF LANDMARK DRIVE. CONSISTING OF LOT 14. KAPOK FOREST. WHOSE POST OFFICE ADDRESS IS 1236 KAPOK CIRCLE. UPON ANNEXATION INTO THE CITY OF CLEARWATER. AS SINGLE- FAMILY RESIDENTIAL 6 (RS.6): PROVIDING AN EFFECTIVE DATE. II j 1 WHEREAS. the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable. proper and appropriate. and is consistent with the City's comprehensive plan: now, therefore. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER. FLORIDA: Section 1. The following described property located in Pinellas County, Florida. is hereby zoned as indicated upon annexation into the City of Clearwater. and the zoning atlas of the City is amended. as follows: I ! . J , i I 'i Prooertv lot 14, Kapok Forest. according to the map or plat as recorded in Plat Book 47. Page 47. public records of Pinellas County. Fl. (A95-18) Zoninq District RS-6 - Single-FamilY Residential 6 Secti on 2. The Central Permi tti ng Di rector is di rected to revi se the zoning 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. 5881-95. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED "\ . Rita Garvey Mayor-Commissioner Approved as to form and legal SUffi~nCY: fv~ IL Pamela K. Al<ln City Attorney Attest: Cynthia E. Goudeau City Clerk "-- - J ~~l:"::"-- . 4~~~o ~.. -. @;!~ t'--'\ .....Xv . ?_ t.r .~. ....,,~~ .rn~S ~\ \ C'.vr;t; p~" '\';\'" t::J9 v-... ~.'?J ?,?>~ r ~ 1 r .' .----1 L-- ,,--- . t J \ t). ~ . ,.- ..~ " '. "" " ) I "-- - ---) / "'---"/ . " ~ '-'~ )'I 131. 0(] ,,,, ., '''''7 .~ I~I .~ ... .) ~ " ~ ., ~ I.D )1 .. a: \..l rJ )' LAND PROPOSED ANNEXATION C LAS S 1 Fie A T ION a.n d Aq5-IB 6. o lY. 2: 8 III ~ ::,} ::l: U ZONING USE PLA~~ OWUEFl A ,.. P Lie A In S~,R I 0, lL?,.. w. PROPEnTY DESCI1IPTIOH LoT 1 Ll \<. A ~ 0 ~ LAN D USE P L ^ fJ ZONING PO REST COIJHTY ReSIDENTIAL LOw ~-3 ACRES 0.23 AcnES C IT.,. LO LV RS b n I G II T 0 F. WhY RE'-; r 0 r: I-J/Il\L PI. All tllll C !_--- ._____1 r;.. 74 A "nrl ?,OHIIlO OO^rlD C t T Y COM I~ I S S lOti !iEClllill Oq \6 E ATLAS PAGE "I n w , l ~~ 11 I n 2 q n ^ tl (1 E ... .~ et-.sbtl j' In t tl" ~ o;:j .a.. .. lonG". 'i 4 I .' " .........1 '" I I \ ~ J1lIJ ( > - J! iC'hh -I~ J~ ~ .'J ~.- .. I - ... - Cj~::;:::: I 1\1...... -~=--.. .I' ~~..~-I i - ". ~ -- ...'.111I.... "'."--.- >, ~ ~ -- f ~ f...r \, ~.-,,--- , _ y I -.-.....," oj j oj ~~_.. ../), 'j. ;::~~~~:~7':'^"" : C> i" =~~J.?I 'r~~ ;, ~. '>_" ~ /2--' ~lfi.J.V,~~ )-- '-" ~ L ,J-.-' ---.= _,_ in (I '~l./ .~,. ! , ,- ~. v-- :JUt " 1.. I . ~ ~~. '~'~i~ /, --'--~~lfn;ID~ f~ J "J. .~!S; ". -, I .~ . 'Il h.___ . .. I) o o . p'.......t; '(.,4"'( ',s ~ --...................-- --...-.----------..-....-- ,.. ".___u"_.., \',. I' ,.,' ". : . . " . :,". , . .'. 'I ., ". ~ 'J". i ~. ." ' . " .. . '-4 . .. , .' DATE . . . - . .... F../(}jS " . ::~ I ~t.,,: '! ::'~~.'~"'_....-tt~'~.."~..", .... .... '~~i.ft"~':"F:"'~'''''~~'''.-f'''''''~ <t ""1"' AGEN:DA' .' \, ITEM # 1.6~ " cr~ Clearwater City Commission Agenda Cover Memorandum \5 It cm # Hecting Dote: ~'3.qL( SUBJECT: Petition for Annexation, Future Land Use Plan Amendment, and Zoning Atlas Amendment for 1238 Brookside Drive; Owner: Roger K. Coulter & Gayle K. Coulter. (A 95-19 & LUP 95-21) RECOMMENDA TION/MOTION ~ Approve the Petition for Annexation, Future l.and Use Plan Amendment to Residential Low and Zoning Atlas Amendment to Single Family Residential tlFour" for Lot 1 0, Block C, Meadow Creek Subdivision, and pass Ordinances No. 5884~95, 5885-95, and 5886-95 on first reading. [] end thot the approprlote officials be authorized to cxecutc some. BACKGROUND: The subject property is located approximately 700 feet east of Keene Road and 140 feet south of Meadow Lane. The applicants wish to annex in order to obtain City sewer service which is available along Beverly Circle North and Brookside Road for the existing single family residence, assessed value of $ 72,500. The property is contiguous to the existing City limits. There is an existing utility shed located on the north property line of the subject property. This shed is non-conforming and would conflict with the City side setback requirement. The established side setback requirement for the proposed zoning district is 10ft. This shed will not be removed but it will remain as an existing non-conforming structure which will require future compliance with the City Code if it is to be replaced. The Countywide Future Land Use Plan Category for this parcel is Residential Low (5.0 u.p.a. max). It is proposed to assign the same City Future Land Use Category to the applicants' property. The lots in Meadow Creek Subdivision that are already in the City and the subdivision to the south (lake Lela Manor First Division) are zoned Single-Family Residential "Fourll. It is proposed to assign the same zoning to the applicants' property. The applicants' property meets the minimum dimensional requirements of a Single-Family Residential ItFour" lot. The Planning and Zoning Board held a public hearing on this application on July 18, 1995, after which they unanimously endorsed the proposed annexation, Future land Use Plan Amendment to Residential User Dcpt: Costs: S MIA Total levieNed by: Leg. l Budget Purchasing Risk Hgmt. CIS A04 Other ilIA iliA. NIA NIA ~A {~I~. ilIA. Originating Dcpt: CEIlTRAL PER S Current fiscal Yr. C~ission Action: o Approved o Approvcd w/condltions o Denied o Continued to: (\'-j Advertised: Dote: 7/3/95 & 7/11/95 Paper: TAHPA TRIBUNE o Not Rcqul red Affected Parties 18I Ilot if led o Not Requl red Finding Source: o Capital 11IlI. o Operating o Othcr A ttochlllents: ORDINAIlCES NO. 5864-95, 5885- 95 & 5886-95 LOCATION HAP SlDi tted by: r.1.t8 MA;!j;; ~ Appropriation Code: o None ~ Printed on rccycled paper .. A 95~19 & LUP 95~21 Page 2 low, and Zoning Atlas Amendment to Single-Family Aesidential"Four" tAS~4) to the City Commission. Pertinent information concerning the request Is summarizod in the tables on page 2. EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND SURROUNDING PROPERTIES LOCATION IN CITY FUTURE LAND USE OR PLAN CATEGORY ZONING ACTUAL USE COUNTY Subject County Residential low R-3 Single family residential Property North County Residential Low R-3 Single family residential South City Residential low RS-4 Singe family residential East County Residential Low R-3 Single family residential West County Residential Low R-3 Single family residential ZONING RESTRICTIONS DESCRIPTION :j~i;:~1~1)t~i&~:~;;i11~tR~f.}ft~i!:t):f;;~~~JJi[i\:'t::; RS~ 6 EXI STI NG "':""':"'~'>REQOlfU:'MENtS:'~""'~':" REQUIREMENTS ~~{~r};~i~~'V"L' :...............:... '., ...<.'~..:.. X~~~({i,:..; Density ,~~;trjf~1f~.~t7~~));~~:~:~I:hi~~~:;;::f' '~:::~;:' 5. 5 U.p .a . max. 3. 9 u. p. a. lot Area l~iI1~~i~1:!Wj?~;,:...... 7,000 sq . ft. min. 1 1 , 1 60 sq . ft. m.o.1. .::.~.r::(::: ::~.~::A.::;}'~:.\:.. ::',:~~' ~ \~ ~ ~ :~:.~.: .':~:.(' ~.; . :.:- lot Width at . "'SO ft". I "".. 70 ft. min 93 ft. :'~;~~:.~:ii;:;-;:":::':,:'?~:.:i.<f ;. ,.: :i.:~ : .~}H:' :..:'.: :.... . setback line " :;'. ".'.,'..... ',h .'. ..,," .' .', , " , Depth .~;:':!<' . .<:.;~:9bJt/riihi : " 8 5 ft. min 1 20 ft. . . OTHER REQUIRED REVIEWS AGENCY YES NO Pinellas Planning Councll/Countywido Planning Authority X Florida Department of Community Affairs X ABBREVIA TIONS: R-3 Single Family Residential (County) RS-4 Single-Family residential nFourn City RS-6 Single-Family Residential l1Six" (City) u.p.a Residential units per acre a9519.cc ','l. ". ,'~ . I' ORDINANCE NO. 5884-95 AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA. ANNEXING CERTAIN REAL PROPERTY LOCATED EAST OF" KEENE ROAD AND-SOUTH OF MEADOW LANE, CONSISTING OF LOT 10, BLOCK C. MEADOW CREEK SUBDIVISION. WHOSE POST OFFICE ADDRESS IS 1238 BROOKSIDE 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 applicable requirements of Florida law in c9nnection with this ordinance: now. therefore. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER. FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 10. Block C. Meadow Creek as recorded in Plat Book 36. Page 26. public records of Pinellas County. Florida. (A95.19) Section 2. The provisions of this ordinance are found and determined to be consi stent with the City of Cl earwater Comprehensi ve P1 an. The City Comrni'ssion hereby accepts the dedication of all easements. parks. rights-of.way and other dedications to the public which have heretofore been made by plat. deed or user within the annexed property. The City Engineer. the City Clerk and the 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 immediately upon adoption. The City Clerk shall file certified copies of this ordinance. including the map attached hereto. wi th the Cl erk 'of the Ci rcui t Court and wi th the County Administrator of Pinellas County. 'Florida. within 7 days after adoption. and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED " 1 ! I '\ Rita Garvey Mayor-Commissioner Approved as to form and legal sufficiency: Attest: PNL ill Pamela K. Akin City Attorney tynthia E. Goudeau City Clerk > 'r.":"' -,\ , ,ORDINANCE NO. 5885-95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA. AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY. TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED EAST OF KEENE ROAD AND SOUTH OF MEADOW LANE. CONSISTING OF LOT 10. BLOCK C. MEADOW CREEK SUBDIVISION. WHOSE POST OFFICE ADDRESS IS 1238 BROOKSIDE DRIVE. AS RESIDENTIAL LOW; 'PROVIDING AN EFFECTIVE DATE. WHEREAS. the amendment to the future 1 and use plan element 0 f 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: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: · Prooerty Lot 10., Block C. Meadow Creek as recorded in Plat Book 36. Page 26. public records of Pinellas County. Florida. (lUP95.21) Land Use CateQory Residential Low Section 2. This ordinance shall take effect immediately upon adoption. contingent upon and subject to the adoption of Ordinance No. 5884-95. . PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor.Commissioner ,t Approved as to form and lega~ sufficiency: . l:el~1. Akin City Attorney Attest: Cynthia E. Goudeau City Clerk .' .......,.1 " "" ",."+ "'. .~',. ORDINANCE NO. 5886.95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED EAST OF KEENE ROAD AND SOUTH OF MEADOW LANE, CONSISTING OF LOT 10. BLOCK C. MEADOW CREEK SUBDIVISION. WHOSE POST OFFICE ADDRESS IS 1238 BROOKSIDE . DRIVE. UPON ANNEXATION INTO THE CITY OF CLEARWATER. AS SINGLE-FAMILY RESIDENTIAL 4 (RS.4): PROVIDING AN EFFECTIVE DATE. I j , I . I I WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable. proper and appropriate, and is consistent with the City's comprehensive plan: now, therefore, BE IT ORDAINED BY THE.CITY COMMISSION OF THE CITY OF CLEARWATER. FLORIDA: Section 1. The 'following described property located in Pinellas County, Florida. is hereby zoned as indicated upon annexation into the City of Clearwater. and the zoning atlas of the City is amended, as follows: Prooerty lot la, Block C. Meadow Creek as recorded in Plat Book 36. Page 26. public records of Pinellas County. Florida. (A95-19) Zoninq District RS-4 - Single. Family Residential 4 Section 2. The Central Permitting Director is directed to revise the zoning. atlas of the City in accordance with .the foregoing amendment. Section 3. This ordinance'shall take effect immediately upon adoption. subject to the adoption of Ordinance No. 5884-95. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner' " Approved as to form and leg~ S~ff~~nCY: parnet(~ Akln City Attorney Attest: Cynthia E. Goudeau City Clerk 1,. ... ..'\ ..'a;' .":,""'11 .. "Ie ..~~,~ 7 "/:; '.~~ '120:1 -.......' -,.!... ~ :~;1 ~~~ ;. 6:.:.> ':'~.;~ ;~~~ ~. -'-t."I''i,~ .... - .... VAC :1M '1'" ". - '" ;.~~~ :!l~'-~i. . --'.. ~-."'~ .;:.--=.". ~~~~...:... .:.';:'g<~:' .,.g. . tzs.~ " , ". .. . - ~.. ,'p":!.... .......~: to-. ':. _. -~!...:-~~~;::g' ~~ 1 0 :~$I:~:;~. C:-< '.'21% :':~~I' ,~} ::j'cf.; ....... ...." ....t. ." ..... ,;....~ ~~;~~~ :;~~ 1;;;~'" -..1216 'f~~ ':1:'.'" tZlt I~::: .1. .. '::~~1 ~~~ '~ ';~t-J:;~' ~~~~;~.. ~<.~ ~'-...:.7{~ ... r~ 3... . -,. 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W,,:".'; ~-'''','''-I''''~ ...._'.~.._..~ -.... .~'-.._....1.~ CQI'.32.-T -.:.:\ -~::;.:.....Q) 4.f.......~tZ.......~....7.~:r ..Q)~.,..:1.....-.'. ......',.6....:.<0 ....,.., ~,....r"-"'''~~.'':1'= "~-j""9A-,t~"""'1 ~ W~';:!: '~'~ .::fl'.::~1 };/2~~~ .:,' ~~.:.i~: ~,' '~ '~; .'.:~;'~~_} ~~~7: I5 i~:;:;~~ ~~.~: i:~~ ~'1~: ~;;~~t ~~ I~ . .~.,' -:;~~ . ,......{ .. , '. ~....... _...~. ._^"" . '__ ...__ J . PROPOSED ANNEXATION PLAN CLASSIFICATION J. q5-\q \1) 0 t-.lEADOW .... "Z. '" IZOO ~ t~.~:~ ~G'i ~--: ""l1~ ..~~ .. ~ i:\".~"".1 ......)..'"""- . ............:.7 ....~fl'., .3 V ..' "'~o:';t, ~ ..': - .......,. - . ............ "'i3i;~ ;1l~?J sJl RS 4 t-l. .. 16 ... t5 ql a ~ @ ~ BEVERLY :: .~~. ~.r . . ~. ......... .. .... ~. .. ':'" '.~ g_:.' . '. .~. . ~ ,~:~:~:S! ." ..,. .. ... .. <>1 ~ BRENTWOOO 1'>..' <"\ . u . i..oY '::'.::' .'.~- :12.'- , 11' . t~2 . 'f. .:270 .' -.' . '-. :14' .' -,. "5.~" '''",..' .13,'. _ t... d,' ".' .' -- .... co- 3J' ..'. ..~ 0,. "...~.. o,~ I . a.... . ~ .;.;:':. ~a .... ,,'/.~"~:7. LAND USE OWHER ,OULIER, 'LAND USE PLAN G K R K cq .~ P P L I C A H T ZONING C 0 U ~l T Y RE5\O EWTtt\L. LOW R '3 RS L( J n t. ~IO E IS- CITY R. e:S l D 6 N Tl A L- lr 0 LV 121:: 110 IZ18 111 122. '121230 11.3 1236 114 :z C 12.2 l- e :z 115 1248 ~ 6C 1254 o <Q ;:~:..;~N.'lo ..';: -~- \ ':""-'\Q ...::~ ... .::~........ <Q '.._ -"'!2 :'=:':~~~ '.!: ~-~.'~:'~' - . " '. :~ :. .'.:. . . :'ai:': Ic. 0..... ......... .:2 '. ~<~:.::. "~.o . ~;\~~ ~~ . ("oj- 60 '?i;~.~~ ::';::':'~'1<:'~"" .. -..-;....:.- .. ........ ~., . ~ ...t'. . ~"'rC'ol '. ~.."~ ~ ..;. -:~... ....... .. ,:~~~N;;; . 'C'l'~ ..... C'l to .~.:.~-~. ~ ~t: ..:r~~ . ;{~ ~~ .' . ~ -. }~;.~~ ,':.~.~t~ -, -:''''':::~ r~X~~r ...., t'PoOl .~~..~~t; and ZONING PROPERTY DEscnlPTIOH SL.K. c LO"T' to] fY\ E:A tl 0 LU C.fLf:C'K- SVb I \ C.'2.lO;.CRES niGHT OF W/,y AcnE~ P L A II ~~ I U \:> /I n C :. 0 H I I~ a 8 0 AnD SCC1IOH '"21-/ TOW Ii G It I P '2... q .. .J C I T '( COM 104 1 S S I 0 Ii AlL A 5 I' ^ G E -; 0 B A E b\ -.,9 b .t:J l' III r IS, ~ C;) i t. 5. ....l::...-_u '1'0- ---- .. 1:1.'. -u-r...wn ~. -............ .', Ii! : 'I ~ , .:: .- 5 .' ~ jJ !'l :L.llOQl ~,~"~I ::! . i I I I I I , I I I \~-""---1Jllr! -, I I " ....~ ~~~.~-.. ../I "\ -u. '~ oi ~ ....--...., -, I \ \ ." or.',oIN "'" p c3"1 :..., t/ I. 1_ - , ..:. _ IN11~ _ i ~ ~-~ ... j . 3 g ..~: . ~ 1 ~ 01 ..00-. --....;, u~ .. 0''')' 'i <( {~ -....:) .... .t+"..nl. h. " I It', , ~~ Jr/': '... . " I," , t >' ~ o.t :. " :' ;,' ., " . , , ,', \ " t' ( . '; .,.," . ,'~ " ~. ~ . . , '.. CITY COMMISSION MEETING ~ 3 'is ..~~, ~' ~I \ ! Note: 7.3'. QS Preliminary (Worksession) agenda and paperwork tha. twas in package initially but'then not continued onto Thursda.y's agenda is at the back of this agenda pack~ F /f!/k --w ~~~ Clearwater City Commission' Agenda Cover Memorandum I~ Item # Meeting Date: ex. 3~q5 SUBJECT: Comprehensive Plan and land Development Code Amendments - Pinellas Planning Council Consistency Program RECOMMEN DATION/MOTION: Approve Comprehensive Plan and Land Development Code Amendments; and pass Ordinances No. 5749-95 and 5750-95 on first reading. [] end that the approprlote officials be authorized to execute some. BACKGROUND: In June 1994, the Pinellas Planning Council (PPC) determined that overall the City's Comprehensive Plan and Land Development Code (LDC) were consistent with the Countywide Plan. The PPC staff has since compared the two maps more closely and they have identified approximately 100 inconsistencies between their map and ours. Only 17 require amendments to the City's map, the majority require changes to the Countywide map and some are scrivener's errors. On July 20, 1995, the City Commission approved Resolution No. 95-5, authorizing the PPC to make the changes to the Countywide map. As part of the Consistency Program, the City reclassified single family subdivisions based on actual density, realizing that associated zoning modifications would be necessary. The attached ordinance #5750-95 includes language for each zoning district in the Land Development Code which will restrict density by the land use plan classification when it is more restrictive than the assigned zoninp district. The PPC has found this approach to be acceptable for Pinellas County. Other housekeeping items associated with the consistency program are included. The City entered into an agreement last year with PPC for mapping services. This will enable the City to purchase colored land use plan maps at a reasonable cost (proposed $ 7 a map rather than $40 as previously purchased from a private firm) using the Pinellas County Property Appraiser's computerized mapping system. The ppe will authorize these maps to be printed for distribution once the map inconsistencies have been resolved. These amendments to the Comprehensive Land Use Plan will be submitted together as one regular bi- annual submission to the State Department of Community Affairs (DCA). In order to be guaranteed two regular bi-annual submissions next year, we must obtain State approval of this submittal before the end of this year. Therefore, we must have first ordinance reading early in August. Attached is an expedited schedule for this project. On August 1, 1995, the Planning and Zoning Board will hold a public hearing and consider these amendments to the Future Land Use Plan and Land Development Code. Their action will be provided in a separate memorandum. Reviewed by: Legal Budget Purchasing Risk Mgmt. CIS ACM ather -f.JfL NIA N/A ~(~~L HIA Originating Dcpt: CENTRAL PERMIT S N/A Total CDnDission Action: o Approved o Approved w/conditions a Denied o Continued to: User Dept: $ Current Fiscal Yr. :?,'\ . _. ,. I ~ Advertised: Dates: 7/18/95 and 7/27/95 Paper: TAMPA TRIBUNE o Not Requi red Affccted Porties o Notified ra Not Requi red fl.W)dfng Source: IJ Capi tal 111'fJ. IJ Operating o Other AttBChmcnts: Amendment Schedule ord. No. 5749-95(Plan amend.) ord. No. 5750-95(LDC amend.) o None SlbIi tted by: E.ty na ~ ~ Printed on recycled paper Appropriotion Code: I. . ....-... CITY OF CLEARWATER SCHEDULE OF COMPREHENSIVE PLAN AMENDMENTS PPC CONSISTENCY PROGRAM 1995 Review/Action Date City Commission Receipt and Referral July 20, 1995 Planning and Zoning Board Public Hearing with August 1, 1995 Recommendation to the City Commission City Commission Public Hearing and 15t August 3, 1995 Ordinance Readino State DCA and PPC Submittals August 7, 1995 (Must send draft1ff CC minutes to the State Pine lias Planning Council (PPC) Public Hearing/ Approval Septembor 20, 1995 Countywide Planning Authority Public Hearing/ A~~roval November 7, 1995 (CPA) (2 months after C) DCA's ORC Report ORC = Objections, November 28, 1995 Recommendations and Comments ReDort City Commission 2nd Ordinance Reading * December 1995 City's Final Action Transmitted December 18, 1995 to DCA DCA's Publication of Notice to February 1996 Approve Final March 1996 *State submittal year is based on the date of City's final action (Le., 2nd Reading). ORDINANCE NO. S749~9S AN ORDINANCE OF TIffi CITY OF CLEARWATER, FLORIDA, AMENDING TIlE COMPREHENSIVE PLAN OF THE CITY, INCLUDING AMENDMENTS TO TIlE FUTIJRE . LAND USE ELEMENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of Florida empowers and requires the City Commission of the City of Clearwater to plan for the future development and growth of the City, and to adopt and amend from time to time a comprehensive plan, including elements and portions thereof, to guide the future growth and development of the City; and I I WHEREAS, amendments to the comprehensi\!e plan of the City have been prepared in accordance with the applicable requirements of law, after the perfonnance of necessary studies and surveys, the collection of appropriate data, and public participation through numerous public hearings, the dissemination of proposals and alternatives, opportunity for written comments, open discussion and the consideration of public and offi~ial comments; and of. WHEREAS, the Clearwater Planning and Zoning Board, serving as the designated Local Planning Agency for the City, has held a public hearing on the proposed amendments and has recommended adoption of the proposed amendments to the Future Land Use Element of the Comprehe~sive Plan; and WHEREAS, the proposed amendments have been transmitted to the Florida Department of Community Affairs for review and comment, and the objections, recommendations and comments received from the Florida Department of Community Affairs have been considered by the City Commission, together with all comments from local regional agencies and other persons~ in preparing the final draft of the amendments; and WHEREAS, the City Commission .fmds it necessary, desirable, and proper to adopt the amendments to the goals and policies of the Comprehensive Plan in order to reflect changing conditions in current and future intergovernmental coordination efforts and to correct grammatical errors, delete or correct scrivener's errors, and clarify ambiguous statements; now, therefore, BE IT ORDAINED BY THE CITY C01v1MISSION OF THE CITY o.p CLEARW ATER~ FLORIDA: Section 1. Purpose and Intent. This ordinance is adopted to carry out the purpose and intent of, '\ and to exercise the authority granted' pursuant to, the Local Government Comprehensive Planning and Land Development Regulation Act~ and more generally to exercise the authority granted pursuant to the Florida Constitution and the Charter of the City of Clearwater. The provisions of this ordinance and the comprehensive plan amendments as adopted by this ordinance are declared to be the minimum requirements necessary to accomplish the purpose, intent and objectives as set forth herein and in the comprehensive plan as adopted 1 I --. ! . , , ' ~..~. . ~ ,-, ~, ~.., ." , , ,,~\ on November 16, "1989. Section 2. Amendments to the Adopted Plan. The amendments to the Comprehensive PJan of the City of Clearwater, as set forth in Exhibits A and B attached to the original of this ordinance, are hereby adopted. . S~tion 3. Severabilit]!. If any provision of this ordinance or of the comprehensive plan or amend merits as adopted by the ordinance ~hould ever be adjudicated invalid for any reason, such provision shall be deemed severable from the remaining provisions of this ordinance and the comprehensive plan and amendments to the extent that the remaining provisions may independently be valid and enforceable. Secti9n 4. Effective Date. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED . Countersigned; CITY OF CLEARWATER, FLORIDA By; Rita Garvey Mayor~Commissioner Elizabeth M.. Deptula City Manager Approved as to form and legal sufficiency: Attest: ~amela Akin City Attorney Cynthia E. Goudeau City Clerk Pl.N\J>PC9.5Pl.N .OlUJ '\ 2 01 . I I ., ......... .. , " ~ " bl" " >'1" ." >.'" '" tIS ..c:::S:::l-4OJ.LJtlSOOJC.LJOJC ~ 1J.... 0 .LJ.... t:: ~ "0 0.... u ro "O-l-lceroeno ONIDIU>, 11.l 0 ~ s:::.... 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I Illlll! ~5 ~ 9! s ~ ~OOOO~[J~@ ~ . a E ! ~ I I I 00r!J e € ~ i ~ ~ ffi d I I I I I ~ ~0000E]@] 11 ORDINANCE NO, 5750~95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING SECTION 35.11, CODE OF ORDINANCES, TO REVISE THE DEFINITION OF OPEN SPACE TO MEET TIIE INTENT OF IMPERVIOUS SURFACE RATIO REQUIRElvIENTS; AMENDING SECTIONS 40.005, 40.036,40.045,40.066,40.086,40.106,40.126, 40.127, 40.128, 40.136',40.137,40.138,40.146,40.147,40.148, 40,166, 40.186, 40.206,40.226,40.245,40.262, TO ADD LANGUAGE TO THE CORRELATION OF ZONING DISTRICTS SECTION AND THE RESIDENTIAL ZONING DISTRICTS WInCH WILL RESTRICT DENSITY BY THE LAND USE CLASSIFICATION WHEN IT IS MORE RESTRICTIVE THAN THE ASSIGNED ZONING DISTRICT; AMENDING SECTIONS 40.261 AND 40.262, TO DELETE THE SPECIFIC RESIDENTIAL SUBCATEGORIES IN THE PD ZONING DISTRICT; AMENDING SECTION 40.546, TO JNCREASE THE FAR UP TO 1.0 FOR HOSPITAL USES IN THE ,P/SP ZONING DISTRICT; AMENDING SECTION 40.586 (2), TO REPLACE 1v1INIMlJ1vf FLOOR AREA RATIO WITH MAXIM:illv1 FLOOR AREA RATIO, AND SECTION 40.586 (4), TO REPLACE 136.029 WTIH 42.28, BOrn IN THE , , PRESERVATION ZONING DISTRICT; AMENDING SECTION 42.06 (6)(b), RELATING TO TRANSFERS .OF DE.l\fSITY; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY TIlE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: ". - Section I. Section 35.11, Code of Ordinances, is amended to read: Section '35.11. Dermitions. The following words, tenns 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: >10 * ... ... ... Open space means an area of a lot receiving permeable vegetative landscape treatment. For the purpose of computing the minimum open space of any lot or front yardJ retention and detention areas may be counted as open space and grassed surface parking spaces which are required by this development code shall not be counted as open space. The open space ~uirernents of this development code shall meet the intent of the impervious surface ratio requirements of the comprehensive land use plan. '\ ... .. '" M '" Section 2. Section 40.005, Code of Ordinances, is amended to read: .... Section 40.005. Correlation of zoning districts with comprehensive land use plan. - No development shall occur other than as is consistent with these zoning regulations and the city comprehensive land use plan. The maximum density shall be as permitted in the assigned zoning district or as pennitted by the comprehensive land use plan, whichever is less. For the purpose of correlating these zoning districts with the land use plan and determining' consistency between such districts and plan classifications, the following shall apply: ... lie lie ... >it Section 3. Subsection (1) of Section 40.036, Code of Ordinances, is amended to read: Section 40.036. Dimensional and numerical development requirements. . The following dimensional and numerical requirements shall apply to all development with Single-Family Residential ftOne" Districts: ' . (1) Maximum density: One dwelling unit per gross acre or as pennitted by. the comprehensive land use plan. whichever is less. .. , '" .,. Ii< lk lk Section 4. Subsection (1) of Section 40.045, Code of Ordinances, is amended to read: Section 40.045. Dimensional and numerical development requirements. The following dimensional and numerical requirements shall apply to all development within single-family residential 2 districts: (1) Maximum density: 1.8 dwelling units per gross acre or as permitted bv the comprehensive land use plan. whichever is less. lk '" ... lk lie Section 5. Subsection (1) of Section 40.066, Code of Ordinances, is amended to read: Section 40.066. Dimensional and numerical development requirements. The following dimensional and numerical requirements shall apply to all development within single-family residential 4 districts: -; Maximum density: 3.75 dwelling units per gross acre or as pennined by the comprehensive land use plan. whichever is less. (1) '" lk '" lk '" 2 l Section 6. Subsection (1) of Section 40.086, Code of Ordinances, is amended to read: Section 40.086. Dimensional and numerical development requirements. The following dimensional and numerical requirements shall apply to all development within single-family residential 6 districts: (1) Maximum density: 5.5 dwelling units per gross acre or as pennitted by the cpmpEhensive land use plan. whichever is less. ljc '" II< '" '" Section 7. Subsection (1) of Section 40.106, Code of Ordinances, is amended to read: Section 40.106. Dimensional and numerical development requirements. The following dimensional and numerical requirements shall apply to all development within single-family residential 8 districts: (1) Maximum density: 7.S dwelling units per gross acre or as pennitted bv the comprehensive land use plan. whichever is less. oJ. ~ '" '" ... '" .. Section 8. Subsection (1) of Section 40.126, Code of Ordinances, is amended to read: Section 40.126. Dimensional and numerical development requirements for two- fa~y dwellings. The" following dimensional and numerical requirements shall apply to two-family dwelling development within multiple-family residential 8 districts: (1) Maximum density: 7.s dwelling units per gross acre or as pennined by the comprehensive land use plan, whichever is less. '" ... II< '" '" Section 9. Subsection (1) of Section 40.127, Code of Ordinances, is amended to read: Section 40.127. Dimensional and numerical development requirements for three- family dwellings. The fJ'uowing dimensional and" numerical requirements shall apply to three-family dwelling development within multiple-family residential 8 districts: (1) Maximum density: 7.5 dwelling units per gross acre or as pennined hy the 3 - (' ,~ comprehensive land use plan. whichever is l~. ,. >II >II II< ... '" Section 10. Subsection (1) of Section 40.128, . Code of Ordinances, is amended to read: Section 40.128. Dimensional and numerical devclopment requiremcnts. The following dimensional and numerical requirements shall apply to development within multiple-family residential 8 districts not expressly regulated elsewhere: (1) Maximum density: 7.5 dwelling units per gross acre or as permitted by the comprehensive land use plan. whichever is less. >II '" '" III ... Section 11. Subsection (1) of Section 40.136, Code of Ordinances, is amended to read: Section 40.136. Dimensional and numericai development requirements for two- family dwellings. The following dimensional and numerical requirements shall apply to two-family dwelling development within mMultiple-[Farnily rResidentiallQ "Ten II districts: (1) Maximum density: ten dwelling units per gross acre or as permitted by the comprehensive land use plan. whichever is less. .. '" '" '" '" Section 12. SubseCtion (1) of Section 40.137, Code of Ordinances, is amended to read: Section 40.137. Dimensional and numerical development requirements for three- family dwellings. The following dimensional and numerical requirements shall apply to three-family dwelling development within mMultiple-!Family rResidential I 0 ~ districts: (1) Maximum density: ten dwelling units per gross acre or as permitted by the comprehensive land use plan. whichever is less. ... ok .. '" ... '\ Section 13. Subsection (1) of Section 40.138, Code of Ordinances, is amended to read: Section 40.138. Dimensional and numerical development requiremcnts. 4 . ". ,1 4\,... ~ The following dimensional and numerical requirements shall apply to development within mMultiple-fFamily rResidentia11Q "Ten" districts not expressly regulated elsewhere: (1) Maximum 'density: ten dwelling units per gross acre or as permitted by the comprehensive land use plan. whichever is less. ... ... >I< ... >I< Section 14. Subsection (1) of Section 40.146, Code of Ordinances, is amended to read: Section 40.146. Dimensional and numerical development requirements for two':' family dwellings. The following dimensional and numerical requirements shall apply to two-family dwelling development within multiple-family residential 12 districts: (1) Maximum density: 11.5 dwelling units per gross acre or as permitted by the comprehensive land use plan. whichever is less. .. , ... II< ... II< ... Section 15. Subsection (1) of Section 40.147, Code of Ordinances, is amended to read: Section 40.147. Dimensional and numerical development requirements for three- family dwellings. The following dimensional and numerical requirements shall apply to three-f~ily dwelling development within multiple-family residential 12 districts: (1) Maximum density: 11.5 dwelling units per gross acre or as permitted by the comprehensive land use plan. whichever is less. ... ... >I< >I< ... Section 16. Subsection (1) of Section 40.148, Code of Ordinances, is amended to read: Section 40.148. Dimensional and numerical development requirements. The following dimensional and numerical requirements shall apply to development within multiple-family residential 12 districts not expressly regulated elsewhere: (1) Maximum density: 11.5 dwelling units per gross acre or as permitted bv the ~ comprehensive land use plan. whichever is less. ... III >I< ... ... 5 Section 17. Subsection (1) of Section 40.166, Code of Ordinances, is amended to read: Section 40.166. Dime~ional and numerical development requirements. The following dimensional and numerical requirements shall apply to development within multiple-family residential 16 districts not expressly regulated elsewhere: (1) Maximum density: 15. dwelling units per gross acre or as permitted by the comprehensive land use plan. whichever is less. '" ... * II< '" Section 18. Subsection (1) of Section 40.186, Code of Ordinances, is amended to read: Section 40.186. Dimensional and numerical development requirements. The following dimensional and numerical requirements shall apply to development within multiple-family residential 20 districts not expressly regulated elsewhere: (1) Maximum density: 18.5 dwelling units 'per gross acre or as permitted by the comprehensive land use plan. whichever is less. " . .. ... ok ... Ijc Section 19. Subsection (1) of Section 40.206, Code of Ordinances, is amended to read: Section 40.206. Dimensional and numerical development requirements. The following dimensional and numerical requirements shall apply to development within multiple-family residential 24 districts nOL expressly regulated elsewhere: (1) Maximum density: 22.5 dwelling units per gross acre or as permitted by the comprehensive land use plan. whichever is less. * II< ... * Ijc Section 20. Subsection (1) of Section 40.226, Code of Ordinances, is amended to read: Section 40.226. Dimensional and numerical development requirements. The following dimensional and numerical requirements shall apply to development within multiple~family residential 28 districts not expressly regulated elsewhere: (1) Maximum density: 26 dwelling units per gross acre or as nennitted by the " comprehensive land use plan. whichever is less. ... ... '" JOe '" 6 - " Section 21. S'ubsection (1) of Section 40.245, Code of Ordinances, is amended to read: Section 40.245. Dimensional and numerical development requirements. Unless specifically preempted by section 40.246, the following dimensional and numerical requirements shall apply to all development within mobile home park districts: (1) Maximum park density: 9.5 mobile home units per gross acre or as pennitted by the comprehensive land use plan. whichever is less except that such maXimum park density shfl:H-.6c 7.5 mobile home units per gross acre for Mobile Home Park Districts which ar-c classified resiElentinl urban on the co~. '" II' '" >I< '" Section 22. Subsection (1) of Section 40.261, Code of Ordinances, is amended to read: Section 40.261. General Description. The planned development district is created to provide an alternate method of land development for the purpose of achieving one or more Of the following development objectives: (1) Preserve' significant environmental or topographical site features; (2) Accommodate a mixture of compatible uses on a single parcel of land; ... (3) Accommodate buildings with exceptional setback or separation provisions through strategic site design; (4) Accommodate a comprehensively planned and phased development or redevelopment project which pr:ovides for interrelated uses, circulation patterns (both vehicular and pedestrian), building orientations, parking areas, architectural motifs, signs, open spaces, vistas, amenity areas and like features which positively contribute to the development or redevelopment area and the city. All land assigned this zoning will require concept plan approval by the city commission. Such concept plan shall be reviewed by the city commission in conjunction with any application for planned development district zoning or rezoning and all development shall occur consistent with that concept plan as approved by the commission or as may be subsequently amended by the development code administrator or city commission in accordance with the following provisions. Any amendment involving increases in int~nsity of use (as measured by residential . density or nonresidential floor area ratio), increases in structure height, or decreases in setbacks, open space, or buffering as shown ant he approved concept plan shall be approved by the city commission. Other amendments may be considered mi..,or amend~ents and may be approved by the development code administrator, unless determined by the development code administrator to be appropriate for commission action. The minimum requirements for concept plans shall be the same as for preliminary site plans under chapter 43 or for preliminary plats under chapter 46, or both. as applicable, except for master planned development concept plans which shall be as specified in section 40.264. These minimum requirements may be modified or waived by the 7 - city commission in considering the application for a planned development district~t.tlaf; Hie-f-equi-remems-feHhe specified subentegoFic3 of the-re*ientifll-plfln~leflt-t:H5tflet mil y coftSi5~'sti-flg-pJat-ef-6WflefSltip-eeetlments. II< IjI II< '" '" Section 23. Subsection (1) of Section 40.262, Code of Ordinances, is amended to read: Section 40.262. Subdistricts. The planned development district shall comprise the following subdistricts. Subcategories for msidcntial plar.ned deYelepmeflt-fHstflets arc provided for application to existing-single family subdivisions only. (1) Residential planned development district (RPD). Specific subcat-cgories for existing single family subdivisiens or lots may include- the followingf Subcategory Dirncnsionallll1d Numerical Requirements RPDA RPD l3 RPDC RPDD RPD.I: ~ Maximum density: 1.0 dwelling units per acre; minimum lot aren, width Ill1d depth as platted; setbacks, maximum height, maximum building eovcmgc, and minimum open spacc shalJ meet the dimensional and numerical requirements of the RS 2 zoning district. 11Ilxirnum-tlensity: 2.5 dwelling I:mits per- acre; minimum lot area, width and depth: as plnttedt setbncks, maximum height, maximum building eoverage, and minimum open spaco shall meet the eimenmsional and numerical requirements of the RS 4 zoning distIict. Maximum density: :!.5 dwelling ltnits per acre; minimum lot area, width and depth: as plattoo; setbacks, ma.'Limum height, maximum building coverage, and minimum open space shall meet the ~e~al ~6-mtmerical requirements of the RS 6 ZOli1~ dlstnCt. Maximum density: 5.0 dwelling units per acre; minimum lot area, width and depth: as p)attoo; setbftcks, maximum height, ma.ximum building coverage, and minimum opel'!--Spilee-5haH-mect the dimensional M dnumerical requirements of the RS Hallin g distfiet.... Ma.ximum deflsity: 5.0 dwelling---tHtits per aere;- mffiimum lot area! width- RIld depth: as platted; sctbacks, mretinlttfH-heig-hr;-t~ eavernge, nHa--mtnimum-epen-spaee.....shall meet the ffimeft5ienW--ant!--mtmeriettJ-requirement5-6f-tfte- RS 8 zoning-di5Hie~ " . .. .. '" '" .. 8 Section 24. Subsection (7) of Section 40.546, Code of Ordinances, is amended ,to read: -- Section 40.546. D~ensional and numerical development requirements. The following dimensional and numerical requirements shall apply to all development within public/semipublic districts: lie II< lie lie ... (7) Maximum floor area ratio: 0.7 'for properties with transportation/utility plan classification; 0.65 for properties with institutional plan classification, except for hospital uses which shall be permitted up to 1.0 subject to the bonus provisions of the instirutional plan classification ~. '" ... ... ... * Section 25. Subsections (2) and (4) of SeCtion 40.586, Code of Ordinances, is amended to read: Section 40.586. Dimensional and numerical development requirements. The following dimensional and numerical requirements shall apply to all development within Preservation Districts: '" ... ... .;. ... (2) Maximum Minimum floor area ratio: 0.1. II< '" ... .. .. , (4) A 25-foot wide vegetative buffer shall be provided in accordance with section 42.28 136.029. Section 26. Paragraph (b) of Subsection (6) of Section 42.06, Code of Ordinances, is amended to read: Section 42.06. Transfer of development rights. ... ... .. '" If< (6) Density/intensiry. (ar. For parcels receiving density/intensity transferred from seaward of the coastal ' consttuction control line, the density or intensity of uses available for transfer shall not exceed the maximum allowed on the adjoining property. 9 " ". " I .." ...... - I (b) For other parcelst as approved by the city commission in authorizing the transfer, the density or intensity of uses available for transfer shall not exceed one unit per acre or five perc~nt floor area ratio or both as is applicable based on the use characteristics to be utilized in the receiving parcel. for the area from which the density/intensity is transferred (sendinl! parcel) eonsistent with the density/intcnsity stflRdw"ds of the-ftpplicablc--i:oning districts and comprehensive land use plan cJassificatioll3. .I III >Ie III * * _ Section 27. Severability. If any provision of this ordinance or of the comprehensive plan or "amendments as adopted by the ordinance should ever be adjudicated invalid for any reason, such provision shall be deemed severable from the remaining provisions of this ordinance and the comprehensive plan and amendments to the extent that the remaining provisions may independently be valid and enforceable. Section 28. Effective Date. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED " . I ! Countersigned: CITY OF CLEARWATERt FLORIDA By: Rita Garvey Mayor-Commissioner Elizabeth M. Deptula City Manager Approved as to form and legal sufficiency: Attest: Pamela Akin City Attorney Cynthia E. Goudeau City Clerk Pt.N'lPI'C')5Idc.ORO " 10 ,\ I' " ..........." . ....I^ ''''.'. d<"..", , ", ,.....' . AlXi-01-1995 15: 24 FROM PLr:l~ I NG &. DEUELOPNENT TO 0488 p.m CITY OF CLEARWATER lnta'department Correspondence TO: Belly Deptula, City Manager R e. -=t 10 :mOM: S3Dd1a a Glaltbom, Centml Pennitting M3rJ~f,[) SUBJECT: PPC Consistency Program ~ PZB Action on August 1, 1995 DATE: Cyndie Goudeau, City C1erk~ Pam Akin, City Attorney~ Scott Shuford, Central Permitting Director August 1, 1995 COPIES: On August 1, 1995, the planning and Zoning Board unanimously endorsed the ppe Consistency An1endmcnts as reconunended by staff. As this item is scheduled fot Public Hearing and First Ordinance Rcadlug by the City Commission on August 3, 1995, I am sending tbis memorandum to be included with their materials for review. ,. TOTAL P.01 . ~. . I , . . . ~ . ' ~,.. . , 1\ '. . . . . ~~ . OJ,o.,... , . . . '..~, ..... "r t. .. . ., ... ~ . ~ , DATE .. . . .. " "'.' .. '. . . . . * . .' ". F / 0 60' .\ ~~~"a;t"";i;;:" .~'i";::'" ,~:..: ...."':"...-_.."~.~...:.: ,.,.".... " . (' c . .~. oj ..~ , . . ' r.'.' _. .. ~ " . AGEN',DA' 1 ~- q6:' ITEM #' 11" . + ".' \ I 1 , \ \ I \ , " ORDINANCE NO. 5832-95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA. ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF SUNSET POINT ROAD HEST OF ABBEY LAKE ROAD. CONSISTING OF PART OF SEC. 5-29-16, M&B 14/17. WHOSE POST OFFICE ADDRESS IS 2965 SUNSET POINT ROAD, INTO THE CORPORATE lIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF . THE CITY TO INCLUDE SAID ADDITION: PROVIDING AN 'EFFECTIVE DATE, I~ 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 C,ty 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: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: . Commence at the SE corner of the NE 1/4 of Section 5. Township 29 South, Range 16 East. Pinellas County, Florida: thence run N89041'19"H. along th'e East-West centerline of said Section 5, 150.00 feet to the P.O.B.: thence continue N89041'19"W, 177.00 feet: thence NOoo02'35"E, 250.53 feet to the South Right-of-Way line of Sunset Poi nt Road: thence 589036' 37" E along said South Right .of ~Hay line, 177.00 feet:thence SOoo02'35"~J.. 250,29 feet to the P.O.B. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED July 20, 1995 i 1 1 ~ i ~ ! 1 1 !. ~ i f " \ ~ j 1 , j , , " Section 2, The provisions of this ordinance are found and-determined to be consistent \.lith 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 property. The City Engineer, the City Clerk and the Central Permitting Director are directed to include and shm'l the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance. including the map attached hereto, \vith tile Clerk of the Circuit Court and with the County Administrator of Pine1las County. Florida, within 7 days after adoption. and shall file a certified COpy with the Florida Department of State within 30 days after adoption. ~;ta Garvey Mayor-Commissioner Approved as to form and leg 1 SUfficiency: I Attest: Cynttiia E. Goudeau, City C1er'k ..M4i....~' . .:~...i..rI!'.: '.-1.~,'P~"j'I'" U ^ H. ....lU' - ". -, -r '. ....;...;.L"% t~"\:,~''''",.,,,;, ..o...a......l-".......u :f.'"'\?"- ~I" ,.. ~~t:~~. tle.~~~.:; 6 ~ 5 ~ 4 ~~,j , ,~~jbi~~~'!t'3~' ~ ,~.~;..~~~ :ff.f~ ~:f.lfJj ~ ~j~t '-'H-4 ~ ~ / \ ^ ~~I~!l ~'~~'~= '1~~~~'~~1 7 9~ ; ~ ~) J&. ~ to :. ~l,"":,.... ~~\O.. ~-----::. ;- ~~J...',): ",' ", ~~J~ ~.! ~ ,936 ~ t9~3 3 0(1 ci .~~ }.~{~~ i~;~ COURT ~ EST. ~ 0: 0 FDREST ~~~ ~ ~1.~ '~~~~ . 8 . ~ . ,,:"~ .~.,~ ~ ~ ~83 f4 85 ~ ~ ~~'~ . ~ ~ ~ 't'~~J ::~~',i~;.~~t:~ .0 . "2" ~ ::J ~ ., <-I -.;~ .~~- ~&~ ~~iI'J~'" .~ ~~~~~r . ~ '937. :~:: ~ >- {g ~ PRESTIGE t~ ..... ~~ ~ ~J.~ ,; ~~~;1~J' ,...1~~ .-. h. 0 lLJ jJ f.t;E 14/103 ;Pl'. ~~~' :sr.ff~E:rI..~~.l>j:1 n- ...... ". lI: m boo ;:; ~ ~ ~ ~~ _~ 00: (/) ~~~~~.)~~;~~ " ':. ~ ::( ~ ~82 01 60" 79 CP) ~~ ,~~ D:r.>'\ ~~~~~;ft.'~~~~~~ ~ 99173" < lcT81 .An' 78 . \,/.I ~ ] Z}!5 _d'1.;r:.r.......,.,......."7' ''')Q'~ uD. I C.R. 576 ~ ,~:. ~'- \ 8 ." . ,.,........ '... ..--..~.... .~~ ..,--"". ....~ ;--=-.~:.. .... .:"~-- ... '" ~ lri ~ 3 4 '85' 9 0 ..n...,.-"........ PROPOSED ANNEXATION f.,Q N ;;; _\ 4?/~ I ~I 86 '" oor 88 87 <:> l'> <:> l'> 30 ~ ~ SUNSET . R Pot f.,lT Q.1) FO R rr:sTI 37 3B I r .. 39 ::g ~ I ~ I:> I:> i I:> l'> '" ., 0; I:> "" HOMeSTEAD .. "" a ""32 '" ., ~ 33 ., ~ 0:. . 01 .' E1STA1 ES ! 00 89 fOol 90 II) 91.... ~ ;;. ..~ - ~ ' "" ., f")' <-I DRIVE ,. \ I ~ ~~[~i !:fO oCZ: '" .., <"l ... 0:. <:I f") 76<>1 75 77 70 -78 5 70 8 ,8:J9 ~. 1 .0: 0"""- t- OAK FOREST ~ ESTAr~ES t:" e 40 60~ ____ c._. 1883 '882 60 '6 WObD 2 3 I '" g ~ <'I ~ ~ ""-(. ~ DRI~ N ~ UJ8J 69-17 ~,E I 61 73<-1 je:: __....J '883 1892 '871 6.3 W '88~ ?- m o G' 70 ~ o 18654i>' 1880... ~ ,/R859I 69 ; 65 1876 ~ t 01 i :66 _.~a/, u.. 67 /' /- tp~.J 60 "<s>.ro / c, " ~..{<.- ~ "''''.so) J "'" <::)<P "'cS'.r.,..1 .~ 60 .q 59 ~ 3: '877 '876 iE C 42 58 '871 1870 I 31 f- VI 1852 W a: o u.. 43 57 '865 . 186~ '858 '85:4~.5~' 45. · 5~ . '852 1853 ~.. o .0..0 f8~6 mJit.-.. , J) ~ (" CD ;;: ~S'~~;'~i'! ~~~~~.~. ~I~~~ fJi~i1'l Rl ~ ~ ~~ .~...,l\9.:$l.'&;t~~ !:.'1{~) ::'~l ,';l~_'" 8~ :t.~:,.."~:t: QII ~,..CIj~'~'J" :.l'~~.I:~)Oi ,or.. ~~~.-.-:" if;.: :J;~;l/' ..02_~. .~~ "'l ?:'~. ~l-~-r.:)~ ;~1:.~:.....r;",$;T " "~""'_""~; ..~....---::- __. .w ".... ~I ..",~~.;r~...;"!"2 ~. ...#.......;........_...J ~,y.'" ~..- ',".'''' '.;',':..' If) Ii) -jk''t..Ji.l'~..:r.''f::'}' ~;":'I~~~'~f~<t'::' ~'it"~.~~::~ ,J ti}' ~ ~" C r)" .~ ~,--;i~c'{i::::;' .~~.~ 1.+ /.1 ~~ ~ .~'Lf~~ . .oW'lI- :\..To:: :1;. r~~..., ... ~. ~...'~'';' ~J.:;~;p:,.-:..- I.. .~.:,.. F.i.o';~1. _-. "", ~-.... .... 'i:- -...a,olE:'\....~r.'; J: -."" ~'I"I1,;(.:~' '" ~1ol'\U,~.~l \~:;",l\~~'" ... I~ i~:n."'~ .:....~~.:~ ..,;..:.........r..~~~ - .._~~ .~,..~ '.~ f~..., I tc :; .:~:;....,:.:~.... i7~'ft~' :;... ".I.'':'_~~:.''t- r~!fl\;f..r;~cr.-I":t'; (~ ~t~~::'i. - ~'\.;t~~~{-..t'd..~' ~~~~..L I~~ ~:-;..~,,;IWI\.. ~ ~ ",~"~~' \'"I.tr:~~~'...:~.. ....-!'~oz-,~i\..l~~ .. -~.... -~. ,z.A... ~.:J~._. ,,~":-"__~! ~ ..J1::',..,~~~..~ :c:_ ~..<~, t~ "-r~..:r.~~:a,,;.L ~~~. I,~~ ~. -10 11 i !.P -~ll! 11 \ ').. 0 16IJ7 r j'\16 :~~~ .' _:.:-: tS8d\ I 1882 1"'....-:- "~ 1/ ,~;.. .. '} ~o 881 ;;, 'ir"'~"'" :;,:: 12 D9,~ _ ~ 35 :, _ . '9, . ....- A "::'A I ! 1876 -5'(-~ . . ,; .~ 1880 a: r...... ~;I "'- 81 .l1'~~ ".~~~t 187~ Cl 1876 II II __ _ oD' 34 ~~~ ~. "\: - - : ;!~,~~ .l Jr.~ CASTLE WOO bs I 1870 ~ {.~~;-~ ~;~ \ 1I1\\t:. 5; 33 ~ ;t: ~~it'ir')fii~~' \ 6 '186 ~ ;i;~~~.~:tl':':1<Ilr.: 1 4 '869 7 w : ~;'-.~.a:1;lI:~~.:'\.~ 1868 ~ ~ > ~..~t~ . ~~\'l~ ~ 9'J iE, 32 . .:",!;. .' ..........~~ ", "I Cl ' 1~"I'l!". ~1':!..."~~ C 1858 .~~W. ~$:!\..;::: 15 r86:? ASTlt WOODS LA:il '1~-1~c:.:.w~~tf/M'. ~ '. !.:),-\..; ~f~" ifi:;c~ . :-..~.{;.l;;I'X\'~Jl,.J~. ~ ..,~ I" '. :}.'..;.... . '857 .I~~~!..:.~ "'~~m 2 'f:;SZ- <i!~"~];;' 16 1856 ~ 87-13 .~~:t..~ ~'S:~ u '1:'~:~1' If,l~'1~~ ~~: ..'.;) ,t.*'iil.l;:.' P~i!l~~ ..~~~.~~< 17 1860 ::....... ~J.:...~~P.'~l~ '(': ."" I -"Yl~:"';. ~...~ ISO ~ ~. ~ ell 5, 46 le<#7 4 1811 r1~ 0.... 4; 48 30 18~6 53 18~O 29 18~O 52 '8H LAND PLAN '\ CLASSIFICATION and A. q rs -07 . USE OWHER APPLICANT f'A Co lY\ U LL ~ N ) A.. IY\.. Et E. D . ..... 'LAND USE PLAN . , ZONING R~2:-;.: ~OUNTY RE:SlDEtJTl,AL. LOW CIT,Y RE'SIOE"I\JT\A-L. LOu.) RS 6 PL.....HHIHG llnd ZOUlt/G DOARD PROPERTY DESCRIPT10H m ~J B I Y I l 7 I RIGHT OF.W", C I T Y C 0 hOA I S S 1 0 H P( UP 62 1877 72 1888 l5 ;".r ....,..q. .ih ZONING Lo'2. ACRES ACRES SE.CTIOH 'oS ,OWl/SHIP 2q S RAHOE \ 6 E lXIIUI L r 1\ ATLAS PAOE 155" B I I ORDINANCE NO. 5833-95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF SUNSET POINT ROAD WEST OF ABBEY LAKE ROAD. CONSISTING OF PART OF SEC. 5.29-16. M&8 14/17. WHOSE POSi OFFICE ADDRESS IS 2965 SUNSET POINT ROAD. AS RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE. ~JHEREAS. the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be . reasonable. proper and appropriate. and is consistent with the City's comprehensive plan: now, therefore. ~ . BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER. FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: · Prooerty See Exhibit A attached. (LUP95.08) Land Use CateQorv Residential Low Section 2. This ordinance shall take effect immediately upon adoption. contingent upon and subject to the adoption of Ordinance No. 5832.95. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED July 20. 1995 '. Rita Garvey. Mayor-Commissioner Approved as to form and legal SUfficiency: tL~ Pamela . Akin City Attorney Attest: Cynthia E. Goudeau City Clerk "L' '. . . :; :' .' :;'~ ~ 1; . i. , 'c". . . '. '.- " i, I' I I I LEGAL DESCRIPTION 1 L , i Commence at the SE corner of the NE 1/4 of Section 5, Township 29 South, Range 16 East, Pinel1as County, Florida: thence run N89041'19"W. along the East.West centerline of said Section 5, 150.00 feet to the P.O.B.: thence continue N89041'19"W, 177.00 feet: thence NOoo02'35"E, 250.53 feet to the South Right.of.Way. line of Sunset Point Road: thence 589036'37" E along said South Right.of.Way line. 177.00 feet:thence SOoo02'35"W.. 250.29 feet to the.iP.O.B. I . , . 'l.. . ~ ; ;.. \ - j I I I I EXHIBIT A i~~~~~~E~.f~~~4 ~~-~6" ~~'\ 4. ~~ itf'~~a:tl~~.:..~:r:~.J"' r--.-. 'J1~~ .. ~... ~~ ~.~~~~I~~'~~~ ~ ' ^ ~ ~ "'l~~~~~1 7~' i'"~ ';:? J . - ,,:.,I~~ :f.J1 W:.l}~r~ 6:~~ I 1 ~ > -- !\i~" .... . ~-:all' t. ;{;~\(tl~"'''' "3~ t!:. I!U::J .3 . '. ,If" -r:L:ij ,'.U':'~U~.~ ' ~ 0 tlO Fh'RE t'lIT ~~. r~R~.._ ~ COURT, I- EST. ":2 a: f.J, ~ i,'illlf" 1~11:: ~~ . 6 ' . - . 0:: . . I ,.. ~ 063 84 65 .. "'\: . n~!~f~\~ ..",. ......., ... G) ...., a ro.; ~ N ~ . ....}i#t;rP.lr~~" .J1;.~' . 10 ,':~':"'.::,' 0 ~ '=> ti Q 0 i'I!~' .: ..:-..f:::C";I;':I~'~1 ;i?~. ~~)~,,~ ..,~.~t.;.;:J ~ 0"1 "l .., "l ~, C'I,"~.:4J ~'!I~~"t4~~ : t:l ':J~, ~~::. 0 ~ ~ ... PRESTIGE " " I{" ,:..:.;:~.. . ~.., ~,-.." =".' '._" 0 'ot! ... J. _' , .. ~~~' ,.., ~~"G . 14/13 ~1~~...."" ~QL:"_ '. ::\,l'j:: cr ,,,.. ";~1 ~ ~ Q ~ a ~ ~ - "'ll U) ~~~~~t'~A:~ .'~ ..".~.~ m ~e2 OJ '60" 79"'1 .~:;, ~::,..".. ;-,:.,.~~;. " ~t"~.l~~ '~ 99...:.J 7-"3" " ~ _ 81 .,.;~. H: ~ ..... (j) ': . r"ifJ..:~ l'~~~c;-.. . 0 ..," _ ~ 1~ T ADD. ~ 1. C.R. 57~' .. ..", ....,.:~~'~~.~. ~ \ 8 .";-:--:-."''':-:;-;- .~~"_..::"::::.;'"'.-::,.;;:;:. - ! N I N HUMt:.~ 1 t:....u ~~~/ ~ I "3, 86 ~OOI 68 .87 ,g ,,~ '=> Q .... . ., ;; l:) .., 32 to. 0'1 ~ 33 '" ... l:) , 11 . 30 ESTA"ES J l 8,:, ~ ~.q ~ .~~: ~ ; ". ~ g. g DRIVE -; , , \ I .... llO [-. .. Q ~ f5 .,- CiS! I ~o (,:)0:: t; '=> 'O'J ., .. '=> 76"l 75 .. ., '=> ., 78 77 70 -78 SUNSET . R Pct,JT Q,'\) FO R I!:srrl 37 38 I..... 39 ~ !:! I ~ <:> l:) i CJ .., ... "l 5 70 worD ~ 169f 2 .3 ~ci ~ ~ o ... ,s,,,,~ ~ ~ ~ DRIVe:: N .. ~ ~B8J 69-17r\~ 61 I 73'" ~ 50- '883- I 1892 ~ 1877 62 I 72/888 :: a:: 0 a 6 PC ~!tl" .(i)~ ("CD ~'~'~~mrr.)~ fi;~"""---~~~~ ~~ . ~ IlIl' ~ ~ ~i ~~. ~'~ ~l,ft.~r.....}l~':-:l,"i ;';Ci:.!1!pt~ :\~o 1': Qlo 'r: :e.",.. ~~""'T b', ~"3~.:.r~~;.."" G'..:..if1;tt,:;:l'~ ...ol~ _, ,_.' . ~:- t~- .. I~'-~ ~-!:J!',:'''':7 ~';f...~" ... ...~~ ~:-j:. _ N. i:. ~~u.:r~;;~w '~'r;~,:,,:~lo:'7t.~ ~~..< ~::~'? :5 ~'1 t' ~(2~t) '!? <<" ~ < ~~[t,iJ;t~~~"*,~Ji; ::;~?84j.;"1:~ r:rL~~~"ia.~ ~~- -.Ii.. ... ~ _""""-- " . - .........~-~~ ~,...w-..~ _'\" . J"' .~r;. .... Jo' .. ...lO\;r.; 2- _ t;! ~"""--u...~,;,r;o...'.., yl:;;;....~_.. ~ !~-I ,..~~1; . p", --" ~..' -~-':\::"""t."~~ "'.;....,J:.....!7f.''-. ;.:;!~..~~( ~'~~f~~''; .- fJI:'- -.f'o~~-;,~!":.t~,~ :~~pf~~,.,~ ::ft~~~ .''-:-~.' I -::; ...'f~~ .'1..-o:....~u~ ,..eo .---1.\."..... ~"""'''''-';'''... (~ ~:-":'".L-~~~. ...... ...,..lHt.'t~~,.,.~, JC':~..~J.L-:f. f:,. ::a~~~ ~ ~..:,J'_~' T !.;~~1i7;.-<'..:~C; ~''it~''~~ ~ "It! ~~~:~~ 11 18'8)""'~~ -"io< -;1...... --. .~a::;;rl: )6/~82 ~ _ ~ n~~ ~ h1' . ; '}!!l~ (; / ~~~.~., ~ 12 <<0 881 9 ~:.35 :t: 't-:!_)~ . ~ 1880 _ r---.... D'~ f4~~ 1876 ~~~ ~~i 18U ~ /876. .....;- I... ~ [ 34- :?iij . ~ CASTLE \ 11TOOJ....S Ii .'870 w '_~;";;'~J.\\!~;:'k';.: \ n 1) > ::.~..;~~~~~s \fI~' ''1:.3 a:: !~:'~~""'-~l 2\,.: \ \ 6 5 \.... 0 ;h~~1$ir~.~i:i:. 18~9 7 (86-1 :,r-;:-;~1~:lll::~r:: 14-'" W : l+".'-S.~~t "'", 1868 ::: ::: ;> :~:-~f.~~.~.)~ ~ g: C2 I !!.fi~E'~; r:.. ~ Cl : ,..:.:l~' 'Ce:~~'I .t:..'i; =.,...... ",-k: ~fI!l'ity~. I . l...;.~-,,~.t;., t," '-:;~i;r:il:EfM~ ~"i':it.~~.!' i. j.~'~~,: f.... i!.....i-~ T:.~~~ ,<\p.),~~!~ .1~'T ~ ~,\i~..t .=-,~:rtc:r 'T~~.,'l..~; ..~~:.W~i~~' ~tj~i~~1Ti:trl!~" O".~~l!.!Pl.ij;'-: "'~I'"f"..,'r'.~~.l~; OAK FOREST ESTA1ES ~ 40 60.., 1883 --,8SZ 59 '876 41 1877 '871 6.3 l.&' te8-1 I- In 0" 70 ~ 8 18654l 1880 u.. ~ 58 42 f8U 18'70 43 57 '8&5 : '86" '858 .14.......5~-. '859 ~,._~ 45 -.- .. iP" L--- 1852 Vi QY I ~ ,<-..0 IS~C. u... 1ji;1 n65 ...... 66 1853 69 t 1876 ~ I ~8 . ...OJ> / "'0 ....,...,...1 '? .32 1858 31 t- r.n 185 :! w c::: 0 30 u.. 18~6 29 '0"0 1853 ~ ~, ~ 01 3. 46 18~7 4 18'" .....41 oy ~48 67 ao l);:<P <1'0 ~~ <:) "'<94') 3 53 18~O "'<9 1 4- <1'"" /; 52 183~ ......,.q. ,=. PROPOSED .ANNEXA TION .. PLAN CLASSIFICATION and A. q j - 07 . ':ZONING . LAND USE OW HER APPLICAHT f'(\ c:. MULL E tJ ) . A.. (Y\~. Ei E. D PROPERTY DESCRIPTlOH . . 'ZONING 'R.-:2..-;.. ;LANb USE PLAN J)\ 'Co, \3 I 4 I I 7 ;QUNTY RE:SlDEtJTtAL lOW I RIGHT OF. \'11_' CITY COMMISSIOU \.0'2.. ACRES C IT, Y R. ES IDE f\J T \ tor L L 0 uJ RS 6 .....CRES PL-A-HHIHG ~nd :OHIHQ BOARD ATLAS PAGE 155 B '05" TOW~~SHIP '2,q 5 FlANCE \ 6 E SECTIOH - II :h.o;,> " ORDINANCE NO. 5834-95 AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA. AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF SUNSET POINT ROAD WEST OF ABBEY LAKE ROAD. CONSISTING OF PART OF SEC. 5.29-16. M&B 14/17. WHOSE POST. OFFICE ADDRESS IS 2965 SUNSET POINT ROAD. UPON ANNEXATION INTO THE CITY OF CLEARWATER. AS SINGLE.FAMILY. RESIDENTIAL 6 (RS-6); PROVIDING AN EFFECTIVE DATE, Ig WHEREAS. the assignment of a zoning district classification as set forth in thi s ordi nance is found to be reasonable. proper and appropri ate. and is .. consistent with the City's comprehensive plan: now. therefore. BE IT ORDAINED BY. THE CITY COMMISSION OF THE CITY OF CLEARWATER. FLORIDA: Section 1. The following described property located in Pinellas County. Florida. ;s hereby.zoned as indicated ppon annexation into the City of Clearwater. and the zoning atlas of the City is amended. as follows: . Property. Zoninq District See Exhibit A attached. (A95-07) Single.Family Residential 6 - (RS-6) Secti on 2. The Central Permitti ng Di rector is di rected to revi se the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption. contingent upon and subject to the adoption of.Ordinance No. 5832.95. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED July 20 J 1995 Rita Garvey Mayor-Commissioner Approv~d as to form and legal sufficiency: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk I III .:)~ +.: J :~ ,'",: c ("1, ' ~: /' '. "." , :"::, -::' " // . " . . , {:<::, ' ~~. " ,. ~ ~{"~~" ",: ": 'r.', " . >' ~' , ~W:' , ~;"'~"'- " (". '> '"" '. .' . " , .:~ e ': "~' , i' , ;. , , I ',," - - " ", 0" "/ ' . , .," . . ~'" " OJ>. Ie '.' LEGAL DESCRIPTION . i I I I J l i. I: II ,I I \ i i I 1 I i , , Commence at the SE corner of the NE 1/4 of Section 5. Township 29 South. Range 16 East. Pinellas County, ,Florida: thence run N89041'19"W, along the, East-West centerline of said Section 5, . 150.00 feet to the P.O.B.: thence continue N89041'19"W. 177.00 feet: thence NOoo02'35"E. 250.53 feet to the South Right.of-Way line of Sunset Point Road: thence 589036'37" E along said South Right-of-Way line, '177,00 feet:thence SOoo02'35"W:, 250.29 feet to the P.D.B. , ~ EXHIBIT A '. ~.,;~..i .L'_':':;'':~'J~l~ t~J..',.~'~".... v.u....~ "...~........, '--' I..... '1'$'" :'\~ 0'.__. ~ l"~-I"~"'l.: \.<... ~,~..::.."':' 6 ~ 5 '\ 4 . ~. ;.~~ ~i!t~':i!!"" - ' ",p ~"". .." ......1~~,1 I,.;~~t,'~ 10..' 32:.... ---- ....~ '^ '.":11.; .~ 1JIi~~:'.J. '~:;.z;.~'\r" - .n"" ~... ~'~ro;~~"'J. fi:I ~..~.r.l. H -.;....: ;:~ ~r;j~;~~~~~~~t ~9.' \' t)?) ~ -::'''t.I.\~ '1 ''W'~l}.y'''''l ;r~.~~~ - > -- ;~~_.. J>> ~id'~ l~ ~~~\tj,~ 1936 t!::.. 1913.3 ci ~~ -'li-:.;,t:~~~~~l(!<:}:~ COURT ... EST,' ~ a: 30 FJREST ~n~ 1m~~~~~~1 8.. "I~ ...... .~,~ ~ ~ g8J ~4 85 ~ ~ ~1&1' ~~;t:::i il'Al--""'" ~J ~~~.'.3~.,'q~,f;J '. ~"-:~:'" ~ ::J ~ OJ., PI" :';l"" ..: -.~ ;. ~1~~~ :~~~i~...~ ,W 1331 .1.,~' ~ >- ~'~ ~ PRESTIGE ~l ... ~ J~~~~:g ~~n.-I...~ .:r-::.~~~ ~ :'.;:;,. 0 UJ II~~ "4/103:, t~jl~ Fli~~~~~; .~ .n"" ....~, ~ ~ g ~ a ~ - !ll "( U) . ~~~ . ~X".x..-'!!Ij~<;Olt.~"'AC:. ' ....~ m t>J82 0') '80"'1 79" '~~i~a:~ ~~}~~~~~~Wi! ~9g::j73~~ ' lST81 78 ~ . \,J"J ~*::-: ~",....,,,O""\;;....,.... .,....ID '-1 ADD. /. C.R. 576' '~"7 '~,::,:' l.:.JQt~ ; gI)-!~ i~;-;~. ~~ "1' =-- "'1...~.r:'t;~ .,.. ~ .f... . . .... ^-'-~ h::::~ . . ..-...,.~ , , 2:fl'. ~. ~ ';~:'''~';r,. '. ~ ..'i?+;')>~H-; "'.. ;2.; ....~ -t'''r~:'I l...t.I.. ..~~' ~i/'i t" .~t;~!.f - ~ . .:.:~.,.l. ~,~ ::~~~~~ . ~-r~ ~. ~~."'lt:~i~;1'': .:rl~~'f~it~.~1: :~ ~~~~I~~tJ~JC;Il~ '~:I'" ~Q~ .,.:;~:.:. .~=;; , 1.:;:I-!!o'. "~"'l~..'C '\......~-:,', ", ,....~~, :..~W- ,....~(;:Jl'-;O;. ~E-,{ ...~l;~~qr~: '.:".l~~1~~' nl,-j~. ~....}.-'.. J. ...L.lV....-~., ~..:.,..1\... ~.~I~ 'f~~' ..~;;!.~ >,~[;.~. f..~).3f~ ':.~-=,i\I;' f.f~..1~: .l:t:;;:..~~l,""'. cr~1~~~7@l~ :-: ~,l~~~~'fi~ +~:.:c.I""~\"l~~.l~~ r ., N N -:"""'"".~." ..-,;.,~~. ~.:~":':::~~::-: ~il')-,.~..-r....;.; ~ ....... .. Q; ... ~~,~':1?~')! ~s:\~~ .t.t",..,-w~~~ U'.-co;.f#....~'--.;J :+.'l:" :.;..-r.--='-: ,~ .~'t'!'~~". )oo(.m.~-rf:-';" ~-~_....-' ~@it~'i\? ~;;~ S.~~;;"g.~~._. !:- .~~i::.;~ ~""'''',s.:"'"'''!7.''':-~ ~~::.'~""~, =~;~;'n.~~l'~ ~ft.:P\t~ ..... .-.......'.\;'.1- "-""~-""!.1.;" t~,:~'~:::r; ~;,~':~ "C:::.....'6~'t~ ~!t:I~!. -"'-~ +:~-~~ ~ ~- Cv #/~I 86 V, oar 88 .87 a ... a .., 30 8 SU~SET . R Po l tJT Q.D FO R H:STI 37 38 I,.... 39 ~ ~ I ~ Q a i a to> ., ~ .. ., C) ., S 70 ~ci C l- V) W ~ I.i... HOMt:.~ I t.AU ;; <:> .... 32 .... ... ~ 33 ., ... <:> , ... + "&~~ "A(j)t.~~~-<~~ :~;~!1~1 ~~...., ~ ~ t:-:;!l~-t.;.ir-~~ "";;r;.~~' . "l t:' ~~~~~.-~e-)'~ :.~~. ~-::t='"~ _ ('.I' ~ ~,....~...~~t:-i':"~~ ~'t j1' '2'" ''::'. I(') U1 . c,~1-411S.:,.:.i:l--;i2- .,. "'u.;. _ - :.r: '\.~~'t,;... '-...-.."'~""'-~ t... .. 4 ~ _, " ,~.............QIIIILo....-.;-,~~ 'lllEoI'l!: :r~'"~ "IT oqoo ~ Ir\ ~4,;:........;..~.t~~ ...... . r. _. , .~J.C'..,... .~,__...... "".-..I1~... - - ,- ;')~......- . ...."......:~ .~~...'..F m: I~ ;.J.'.W"~~~i-";1 t: ." .~'. I~ ~.~...:r-',-<; ....:Jii- ~~~~; t'. -~~~..,.~f"~,...;.~ ". "~'.~~ T .~ Z'l1o;:;W.:;.U:r-.;'':-.l':'' ~ .<~~".. -~~~ ~ -....~"..It"':'.~ 11 \ V~~7 '-'0 /1 j J6' 188~\ 17 L l t8t12 50 12 '^- &0 88f 9 j.f / 35 ;e 1880 ( t, ~ 'ct A/~\ 1076 t871 C 1876. . __ .... ~: 34 CASTLE \ en \ . WOO bs (t870 14 \ ~ t:=069 7 6 1868 ~ .... ... r.:.::1l.E WOOD S LA:a 5 \ 33 1800l OAK FOREST ESTATES ~ ~o \ 60., 1883 --,882' ~I I 59 18i7 t876 42 I 58 18n t8,O ~ 4.3 57 0: r8&5 . '86J 0 '858 44[j.5~' 1859 ' 4 I.~ ..... 5 185:: en 'S53 &r w 0:: 0 46 .4.0 18H; u.. ,Sol7 4 5.3 IOolt /'IL;J 18ol0 0'" 52 ~48 183~ - EJSTA~ ES ! ... 89 '" 90 91 .. ., .... ,..~ ."W,. ~ ..~ ~ ~ ~ DRIVE . \ I .. ~ 76 ~ 75 ~ ffiO [~~ 77 Oi~ / 70-78 ~fi 6 P( <I) a:l 0. ~~ ~,: 0:. 0. .32 r858 1899 1 WOJD 2 .3 ... '" <:> '" "l0) ~ 15 t862 . ~ .31 .:.. ~ DRI'IC: N IS83 69-17~' E t 61 I 73'"' ~ 50 1883- I t892 ~ '817 62 I 721888 ; o 187t 63 l.& '88ol ... <;:-. " o .t;.C;? o 18SSY ~ 'i;! 69 t n55 18i6 ~ I -- 66 1 63 ...~ 1053 "'0 1- V} LLI 70 0:: 1880 E I- III W 0:: a I.i... 50 67 c, ... ~~.J ~ ;; ~ t8!J2 1857 2 ~ !;; ~, 16 Vl ~ :l;' /856 -< 87-13 c, ':'0 u .3 4 j, lOJo 17 1860 t85t I 29 lOolO 60 , 9 0 Iln....,._',.,..... -or. "".:> ......"',..; .3 ~... <:::)9:? ~cJ 4- "'..0 II:;" PROPOSED ANNEXATION. LAND USE PLA~-J CLASSIFICATION and ZONING OWHER APPLICANT IY'\ c. fv\ U LL ~ N) A.. M _. E1 E, D ;LAND USE PLAN . . 'Z: O' N lNG, A. q CS -07 . PROPERTY DESCRI~TIOH m~1 B 14 J 17 ~OUHTY RES \0 EtJTlA L. LOW 'p.,-2... ... . "': 1 , 0 1.. ACRES CITY RES IDE f\J T" \ A L LOW RS 6 RIG H i OF....(AY : ACnES . PLAHHIHG land =OHIHG BOARD CITY COMI.IISSIOH - SE.CTION '05' TOWHSHI? 2q S RANOE 16 E ATLAS PA OE 2:;5 B I JO I. ORDINANCE NO. 5841~95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO BUSINESSES AND BUSINESS REGULATIONS; AMENDING CHAPTER 29, SPECIFICALLY SECTIONS 29.21 THROUGH SECTION 29.58, CODE OF ORDINANCES ~ RELATING TO OCCUPATIONAL. LICENSES; TO RENAME SEC. 29.21 TO CERTIFICATES OR EXAMINATIONS REQUIRED; TO DELETE THE PSYCHOLOGIST PARAGRAPH IN SEC. 29.21; TO ADD ACCESSORY USE TO THE DEFINITIONS; TO DELETE THE DEFINITION OF CONTRACTOR; TO REVISE THE DEFINITIONS OF RENTAL UNIT AND RETAIL MERCHANT; TO REQUIRE AN OCCUPATIONAL LICENSE AND FEE FOR EACH BUSINESS FOR ,PROPERTIES WITH MULTIPLE BUSINESSES; TO EXEMPT ACCESSORY USES FROM OCCUPATIONAL LICENSE REQUIREMENTS; TO AMEND THE REQUIREMENTS OF WHEN AND TO WHOM AN OCCUPATIONAL LICENSE IS REQUIRED; TO REPEAL SECTION 29.58, THE .OCCUPATIONAL LICENSE TAX FEE SCHEDULE; TO CREATE A NEW OCCUPATIONAL LICENSE TAX FEE SCHEDULE IN APPENDIX A OF THE CODE OF ORDINANCES; TO ESTABLISH AN M>MINISTRATIVE FEE FOR DELINQUENCIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission established the Equity Study Commission to review .the occupational license fees and ordinances; . WHEREAS, the Equity Study Commission has reviewed the ordinances and fees and made recommendations for change while providing an equitable occupational license fee schedule and ordinance; now therefore BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 29.21 is amended to read: Sec. 29.21. ~ertificates or examinations required. Specia~ requiremento for certnin occupations. (1) Ccncl1ully. No occupational license shall be issued to any person otherwise required by ordinance of the city to have a certificate of competency or to have passed an examination before engaging in a business or profession in the city, until such person has exhibited to the city manger proof of having the certificate or of having passed the examination. (~) f1sycb.ologist. Any pcrDon Decking an occupationo.l 1 icenoe to function aa a psychologiot ohall apply and complete the application form made available in thc office of the lieenoc 4flspector and shall demonstrate that ouch peroon io the holder of <l doctoral degree ....i th <l maj or in psychology from an .:rccredi tcd university that h<ls a program approved the American I'oychology Aoooeiation or a doctoral degree in poyehology from a univcr3ity m~intaining a otand~rd of training-eemparable to those un4ver3itiea having program approved by the American roych&logy Aosoci~tion ~nd has had at leaot two year a or q,OOO houro of full time expcrience in the field of po)-chology in aO:Jociation ',dth or under the supervision of a poychologiot poooeooing the academic requiremcntn oct forth in thi:J oection. No morc than onc ycar of predoctoral . 1-..,. ~. . .&:' '"' \.. . . 1-. cxpcrl.ence may we utl...lze.... 1;n oatlo..Yl.ng .......e eJtpcrlence reqtilremen... oct forth in thio ocction. Ao uscd in thio aection, the practice of poychology Dhall mean the rendering to indi vidualo, groupo, .. \.. \.., . ." , "~ ' .&: organl~atlono or tue pU~_lC any QCr\-l.ce l.nvo.vl.ng app~lca...lon 0.. principlea, methodo and proccdureo of undcr:Jtanding, predicting and influencing behavior. Included arc the principlcD pertaining to ,. . ,. l- \..' 1 ' . ..:! ~carnlng, perccptl.on, motl vatl.on, .......In.clng, cmotlon an.... interpersonal relationohipo. Section 2. Section 29.24 is amended to read: Sec. 29.24. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accesso~ use means a merchant use which is clearly ~ubordinate to the principal business use. is owned by the same ~iness owner, and has a cost value of merchandise of $500 or less. . The cost value of the merchandise shall be governed by Sections 29.45 and 29.54 of this article. * * * * * ContrC1ctor meano any peroon ,..ho ahall a.ccept ordcrD or be engaged in thc busincao of accepting ordera or contracta on a coot pIUD, fixed fce atated oum, percentage baoia or any combination thcreof, or for compcnoation other than wage8~ (1) For doing ',iOrJr. on or in any building or otructurc rcquiring the UDe of paint, stone, brick, mortar, cemenE-, -.'iood, structural otecl or iron, ohect iron, mctallic piping I tin, lCild or a.ny othcr building material or equipment; (2) To do any paving or curbing on oidcwalko, on otrcct8, on public or private property, using aoph.:tl t, brick, atone, cement or wood or any other material or combiniltion of matcrialo; (~) To excavate for foundation3 or any other purpoacj (4) To conotruet 3euer3, ocptic tanks and docko; l5\ T"\' '" \, ~rlVC pl~lng; 2 {6) Conat7uc~ bridges, OCD.w::tllo ::tnd bUlltheado of any and ~H de:Jcr~pt~ono; and who io engaged in the busincoo of building, remodcling, . i . a'~' i a fi' . · rep::t~r ng, [ur con ~ ~on ng an eatJ.ng, ra2l~ng or mov~ng, ....hcthc-r it io by contract, fixcd fce or l3ublet, percentagc or any combination thereof, or for any compenoation othcr than wagco. '1 , * * * * * Rental unit means any residential or dwelling~ room, apartment, hotel, or motel pni t, motor court, cottagc, cabin, co~',,~alcoeent home roem, mobile home PQrk, townhouoc, hospital, office or other ouch unit as may be rented or leased by the day, ucclt, month, year or longer:, and located on one lot, plot or parcel of land. Merchant Retail merchant means any person or entity who sells merchandise at retail to ~ consumers or other businesses or for any purpooe other than resale. Section 3. Section 29.25 is ame~ded to read: Sec. 29.25. Rules and regulations. The city manager may make such rules and regulations, not inconsistent with this code article, as may be necessary or proper for the enforcement of the provisions of this article. Section 4. Section 29.26 is amended to read: (a) The city manager shall make all investigations reasonably necessary for the enforcement of this code article. (b) The city manager shall have the authority to order the inspection of licensees, their businesses records a-ae prcmioes, by any ~ city officiale having duties to perform with reference to such licensees or businesses. I , ! I .I I I ; ! f , Sec. 29.26. Enforcement and inspeotion--Generally. (1) The following persons are authorized to conduct inspections in the manner prescribed in this section: I. (c) All police officers shall be empowered to enforce compliance with the provisions of this article. (2) All persons authorized in this section to inspect licens~s, ef businesses or records shD.ll ha~,,~e the authority to enter, with or without search warrant as the law may require, at all reasonable times, the following premises: (a) Those for which a license is required; 3 (b) Those for which a license was issued and which, at the time of inspection, are operating under such license; (c) Those for which a license has been revoked or suspended. Section 5. Section 29.27 is hereby repealed. Section 6. Section 29.28 is amended to read: Sec. 29.28. Evidence of engaging in business. For the purposes of this article. any person offering a service or product to the Qublic at a given location b~ any means., whether or not a transaction takes place. shall be liable for an occupational license for that business. . For the purpooeo of thic ~rticl~ ~ny pcr30n holding him3elf eut to the public, at ~ given loc~tion, by sign, printed matter, cl~Dcified Dection, telephone directory, city directory, word of mouth, or otherwioe, ~c being eng~ged in buoineoD or ~o offering oerviceo 'or perDon~l prope~ty or the pcrDon~l property of othcrc or peroon~l property or ~ntiques ~cquired for Dale to the public, reg~rdleDo of whether ouch peroon ~ctually tr~ns~eto any buoineos or pr~eticeo a profcosion, shall be eonoidered ao engaging in buoineso and ohall.be liable for an-occupation~l license therefor. ~ pro~ioionc of this 3ection shall not ~pply to the G~lc by 0. f~mily or an individual of tangible person~l property acquired by the family or individual ~nd uDed 0.0 a part of the household. Section 6. Section 29.28 is amended to read: Sec. 29.29. Determination of classifications. If there is a disagreement between the applicant and ~ city staff on the question of' proper classification for any business, occupation or profession for license purposes, the city manager shall decide the proper classification, but the applicant has the right to appeal this from sueh decision to the city commission, whose decision upon the point shall be final. Section 8. Section 29.30 is amended to read: Sec. 29.30. License required. (1) Any Ne person who maintains a permanent business location or branch office within the city tg shall engage in or manage a profession, business or occupation shall first obtain n~mea in this articl<<; within the cit-y, unlco3 a city license and pay the appropri~te fee as prescribed in Appendix A of this code shall be iSEmcd to ouch persan on receipt of the amount otated in this article. Such license shall be signed by the director of central pe~\itting fin~nce director and shall have the city seal affixed. . i . I 4 I . -v - ,. (2) Any person who does not maintain a permanent business location or branch office within the city but who transacts any business or engages in any occupation or profession in interstate commerce where such license tax is not prohibited by section 8 of article 1 of the United States Constitution shall also be liable for obtaining a city occupational license. (3)' Any person who does not maintain a permanent business location or branch office within the city but who desires to transact a aay business or within engage in any eccup=ttion or prot::eooion named in thio article '.dthin the .city shall register with the city manager the license of that municipality or other. governmental subdivision in which ~ be deeD maintain a permanent business location, unless otherwise provided by this article. Such registration shall be accomplished prior to the commencement of the business. shall be subject to a registration fee as prescribed in appendix A to this Code and shall be valid from the date of issuance to the next succeeding October 1. (4) The burden of securing an occupational license rests with the principal of a business, but in the event of noncompliance by the principal, his agent or employee shall be subject to the same enforcement policies. (5) For properties with multiole businesses. an occu~ational license shall be required for each business. (6) Accessory uses. as defined by this article. shall be exempt from occupational li.cense reauirements. Sec~ 29~30. License required. (1) No person who maintains a permanent business location or branch office within the city shall engage in or manage a profession, business or occupation named in this article within the city, unless a city license shall be issued to such person on receipt of the amount stated in this article. Such license shall be signed by the finance director and shall have the city seal affixed. Section 9. Section 29.31 is amended to read: Sec~ 29.31. Issuance requirements for new busineBseB~ (1) 8 Ne license shall be issued pursuant to this article for any new business, occupation or profession when all applicable conditions are satisfied until: ~ (a) The application -for an occupational license has def~nitely stated the exact location at which the business shall be operated and a zoning official has verified that such business, occupation or profession is 5 - allowed under the land develupment code, by ioouiug a ccrtif.ic~te of occup~ncy/uae pursuant to section 36.061. (b) The fire chief haa certified th~t the unit which houseD the buoineao h~o met the requiremento of the fire code. 1Ql. +e+- Jrl-ffrt- lrll-f€+- lsU -f-B- lll-+m- The application has been approved by the police chief when required for the business, occupation or profession. The application has been approved by commission when required for the occupation or profession. the city business, The application has been approved by the county health department when required for the business, occupation or profession. The application has been harbormaster when required occupation or professiqn. approved by the for the business, The application has been approved by the building official when occupancy of a vacant or reconstructed business premises is involved. The application has been completed without failure to disclose or misrepresentation of the information required. . (2) No license shall be issued for any business that intends to engage in an unlawful activity, as part of its business~, th~t io unl~wful under applicable bt~te law or ordinanceo. l.9:l. -fh+- (3) 1\11 ~pplic;).tiono oh;).ll be IOC'lde '.dth the aubmittal of an addition~! fee to defray the cost of inopections. The ~ount of ouch inspection feeD aha!! be oet by city commi3sion reoolution. 1}l ~ Within 30 days of the submittal of an application, the director of central permitting shall issue a license or notify the applicant in writing setting forth the grounds for the city's refusal to issue a license. The applicant shall have the right of appeal as specified in section 29.44. Section 10. Section 29.32 is amended to read: Sec. 2~.32. Single license certificate for more than one license. In all cases where the same person or corporation must obtain more than one license for the business operated at the same location, that person or corporation may be issued a single license 6 . certificate describing the various licenses represented by such certificate. In such a case the amount paid for the license shall. be the same. as if individual certificates are issued. This section shall serve only to pennit the city to consolidate the separate licenses into one certificate. Section 11. Section 29.34 is amended to read: Sec. 29.34. Applicability to certain professions. The required tax providea in section 29.58 for architects, auctioneers, auditors, ef accountants, attorneys, dentists, draftsmen, engineers, chiropractors, physicians, real estate brokers and sales associates mea, and other similar professions shall be construed to mean that each individual person shall pay the tax provided for in this article whether practicing by himself, employed by another, or in a partnership, corporation or professional association, except where the professional services of a particular employee are wholly utilized by the employer and are not available to the public, either privately or in the name of the employer. Section 12. Section 29.37 is amended to read: Sec. 29.37. Identification on trucks required. Any and all trucks or other vehicles operated or used in connection with any contracting, building, delivery, maintenance, repair service, or manufacturing business or occupation conducted within the 'city shall have painted or otherwise prominently displayed in a visible and legible manner upon such truck or other vehicle, the name and address of the business in which such truck or other vehicle is used. For the purpooe of this section, Sauch information shall be painted on both sides of the vehicle and the letters in such sign shall be a minimum height of three inches. Section 13. Section 29.38 is amended to read: Sec. 29.38. Transfer. I i I f I 1 i : . Licenses issued by the city may be transferred with the approval of the director of central permitting, subject, however, to the following conditions: (a) All business licenses may be transferred to a new owner when there is a bona fide sale of the business upon payment of a transfer fee as prescribed in appendix A to this Code and presentation of evidence of the sale and the original license. Upon written request and presentation of the original "\ (b) 7 license, any license may be transferred from one location to another location in the city upon payment of a transfer fee. as prescribed in appendix A to this Code. Such transfers shall be accomplished provided the applicant submits a land use certificate as required by the land development code and the required building and fire inspections have been accomplished. (c) Where the licensee has been exempted from payment of all or any part of the license tax therefor, any such license shall not be transferable pursuant to this section. (d) Holders of alcoholic beverage licenses shall comply with chapter 6 of this code. (e) The activity in which the new business engages, as part of the business, must be lawful~ ~er applicable otatc laws and ordinanceo. 'I :1 Section 14. Section 29.39 is amended to read: Sec. 29.39. Review upon renewal. (l) Upon the annual renewal of all licenses, any license may be reviewed ~nd examiaed to determine if all applicable provisions of this article, state..L- county. city laws ~.L.. ei-t:y ordinances, rules and regulations have been complied with, follO\:ed and ~dhered ~ by the ouch licensee. * * * * * Section 15. Section 29.40 is amended to read: Sec. 29.40. Delinquent penalties. (1) All license taxes imposed by this article shall be due and payable on October 1 of each year and shall expire on September 30 of the succeeding year. Those licenses not renewed by October 1 shall be considered delinquent and shall be subject to an administrative fee and delinquency penalty as per Appendix A of ten percent for the month of October, plu3 an ~dditional five percent penalty for e::Lch month of delinquency thcre~fter until paid, provided that the total delinquency penalty oh~ll not exceed 25 percent of the occupational licenoe fee. It is the duty of the code enforcement officer or a law enforcement officer to make affidavit of viOlation and request for hearing, and to cause such person or persons or officers and directors of any corporation to be brought before the Municipal Code Enforcement Board or the county court. (2) Each license required by this chapter shall be obtained prior to the commencement of business or the practice of a 8 profession and if not, shall be subject to an administrative fee ~ penal ty as per Appendix A of _ 2S percent of the licenoe determined to be due, in addition to the penalties of section 1.12. Section 16. Section 29.45 is amended to read: See. 29.45. License no protection from prosecution for unlawful conduct of business. +3+ No license issued pursuant to the provisions of this article shall: 'J..ll-fa+ Protect any person from prosecution for transacting any business, trade or profession not covered by such license; Protect any merchant doing business with a greater stock in trade than covered by such license; or Any hotel keeper or landlord or manager of a residential developmenh roominghoucc keeper having a greater number of rooms or units than is covered by such license. (2) Any licence iDlJued upon ,:I.l1}" false' ptateIOC:nt mo.de under oath Dhall be considered aD void .:lb initio and Dhall not protcGt the holder thereof from prooceution for tr;:tllo;:tctillg buoine=.lo ,,;ithout lieenoCo lll-B* l.ll +e1- Section 17. Section 29.50 is amended to read: See. 29.50. Debt to the city. The amount of any license tax, fee and penalty imposed by the provisions of this article is hereby declared to be a debt due to the city, and any person carrying on any business without first having procured a license from the city to do so shall be liable to the city for the amount of such license tax, administrative fee and penalty recoverable in any court of competent jurisdiction. Section 18. Section 29.51 is amended to read: Sec. 29.51. Required for each separate location of business. For any perooll operating any of the buoineoccs provided for in thio article at more than one location, A separate license certificate shall be required for each location of a business shall be c~oidcrcd a separatc buoincDo .:lnd a Depurate licenoe certificate therefor io required unless otherwise provided for in this article. Section 19. Section 29.52 is amended to read: 9 ! " !,c Sec. 29.52. Payment of fees prerequisite to issuauce of license. It is the intent o~ the city to grant valid occupational licenses only to those applicants who have fully and faithfully paid the required fees as established in the schedule of fees in Appendix A in this code article. No license shall be valid until all fees are so paid. A dishonored bank draft, check or other similar noncash payment shall be in direct contravention of the intent expressed" in this section. Any occupational license issued to any applicant whose payment is subsequently dishonored shall be void ab initio. I I Section 20. Section 29.58 is hereby repealed. Section 21. Appendix A of the City Code of Ordinances shall be amended to include the Occupational License Tax Fee Schedule as set forth in'Exhibit A attached to the original of this ordinance. Section 22. This ordinance shall take effect on October 1, 1995. PASSED ON FIRST READING '" July 20 I 1995 PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Co~issianer Attest: Cynthia E. Goudeau City Clerk Approved as to form and legal sufficiency: ~ttt;t./lZi{( e.J Richard Hull, Esq. Assistant City Attorney ~ 10 Exhibit A of Ordinance 5841-95 APPENDIX A OCCUPATIONAL LICENSE FEE SCHEDULE CATEGQBY NQt pATEGORY' FEE 010.000 ANIMALS 010.010 KENNEL 55.00 ! . 010.030 GROOMER 45.00 I I .' 011.000 APPRAISER (SEE NOTE D) 65.00 ; ! : I 01 2.000 ARMORED CAR SERVICE (SEE NOTE B) 55.00 i I PLUS FOR EACH VEHICLE 20.00 , , 013.000 ARTIST 75.00 014.000 AUCTIONEER (SEE NOTES BAND 0) 220.00 014.010 AUCTION GALLERY (SEE NOTES B AND D) 675.00 015.000 AUDITOR 70.00 016.000 AUTOMOTIVE: 016.010 DEALERSHIP - SALE OF NEW AND USED VEHICLES 400.00 016.020 DEALER ~ SALE OF ONLY USED MOTOR VEHICLES. 300.aO 016.030 GARAGE. GENERAL REPAIRS OR REPLACEMENTS (SEE NOTE 0), FOR 10 BAYS OR LESS 75.00 016.031 FOR EACH ADDITIONAL BAY 10.00 016.040 RENTAL - AUTOS, TRUCKS, RECREATIONAL VEHICLES 150.00 016.050 PARKING LOT, PERMANENT OR TEMPORARY 016.051 1-10 SPACES 25.00 016.052 1 1 ~50 SPACES 35.00 016.053 OVER 50 SPACES 75.00 016.060 STORAGE 016.061 6-50 SPACES 55.00 016.062 OVER 50 SPACES 110.00 016.070 WASHING AND POLISHING 25.00 016.080 WRECKER OR TOWING SERVICE 45.00 016.090 SERVICE STATION, PER FUEL HOSE 25.00 017.000 BAIT DEALER 35.00 018.000 BAKERY GOODS, RETAIL 55.00 019.000 BANKS (INCLUDING SAVINGS & LOAN ASSOCIATIONS) FOR EACH BANK LOCATION MAIN OR BRANCH 250.00 019.010 AUTOMA TIC TELLER MACHINES 100.00 020.000 BARTENDER, FREE LANCE 50.00 021.000 SA THHOUSE 25.00 ~ 022.000 BEAUTY SALON/BARBER SHOP, NAIL SALON, TANNING SALON 40.00 PLUS, FOR EACH CHAIR OR BOOTH 10,00 022.010 MANICURIST 25.00 023.000 BOA T5 AND BOAT TRAILERS: 023.010 DEALERS 100.00 2 M l. CATEGORY NO. CA TEGORV FEE 023.020 REPAIRS & SERVICE 60.00 023.030 RENTAL 35.00 023.040 STORAGE 75.00 024.000 BOATS, PASSENGER: " 024.010 1-15 PASSENGERS 40.00 024.020 16.25 PASSENGERS 55.00 024.030 26-50 PASSENGERS 65.00 024.040 51-100 PASSENGERS 75.00 024.050 101-300 PASSENGERS 100.00 024.060 OVER 300 PASSENGERS 200.00 025.000 BOOKKEEPING SERVICE 55.00 026.000 BROADCASTING, RADIO AND TELEVISION 110.00 STATION OR STUDIO 027.000 BROKER, EACH 027.010 . . BROKER, MORTGAGE 55.00 027.020 BROKER, MERCHANDISE 55.00 027.030 BROKER, STOCKS, BONDS, ET€., DEALER 165.00 027.040 BROKER, STOCKS, BONOS. ETC., INDIVIDUAL 110.00 027.050 BROKER, REAL ESTATE 55.00 PLUS FOR EACH ADDITIONAL SALESPERSON 25.00 028.000 BUSINESS ADVISORY SERVICES, NOC 110.00 029.000 BUS STATION, INTERSTATE BUSINESS/CHARTERED 200.00 SERVICE (INCLUDES LIMOUSINE & SIGHTSEEING SERVICES) 030.000 BUYERS CLUB 100.00 031. 000 CA TERER 55.00 032.000 CEMETERY/CREMATORIUM 200.00 033.000 CLEANING, PRESSING & DYEING 033.010 PLANT 175.00 033.020 BRANCH/COLLECTION. EACH 55.00 033.030 SELF SERVICE OR HAND LAUNDRY 65.00 PLUS, PER MACHINE 1.00 033.040 CARPET CLEANING ON SITE 55.00 034.000 COIN AND/OR STAMP DEALER (SEE NOTE B) 55.00 '\ 035.000 COMMERCIAL RECREA TION/ENTERT AINMENT. NOC 400.00 035.010 DEALER OR LESSOR OF AMUSEMENT MACHINES 110.00 035.020 MINIA TURE GOLF 55.00 035.030 PER GAME/MACHINE/RIDE (EXCLUDING DEALER) 35.00 035.040 ENTERTAINER (EACH) 55.00 035.050 SKATING RINK, SHUFFLEBOARD, ARCHERY RANGE OR GOLF COURSE 110.00 3 CATEGORY NO. CATEGORY FEE 035.060 BILLIARD PARLOR 70.00 PER ADDITIONAL TABLE 10.00 035.070 TEMPORARY USE/EVENT 100.00 035.080 THEA TERS, WITH UP TO 150 SEA T5 250.00 035.081 THEATERS, WITH 150 OR MORE SEATS 550.00 036.000 CONSULTANT, NOC 75.00 037.000 CONTRACTORS, GENERAL CONSTRUCTION: (SEE NOTE D) 037.010 CLASS" A It GENERAL 250.00 037.020 CLASS "B" BUILDING 175.00 037.030 CLASS "C" RESIDENTIAL 1 00.00 038.000 CONTRACTORS OR SUBCONTRACTORS (NOT GENERAL) 038.010 ACOUSTICS 55.00 038.020 AIR CONDITIONING CONTRACTOR, CLASS A (SEE NOTE D) 150.00 038.021 AIR CONDITIONING CONTRACTOR, CLASS 8 (SEE NOTE D) 100.00 038.022 AIR CONDITIONING CONTRACTOR, CLASS C (SEE NOTE D) 70.00 038.030 ALARM SYSTEMS SPECIALTY (SEE NOTE D) 55.00 038.040 ALUMINUM (SEE NOTE D) 55.00 038.050 AWNING, SHADES AND BLINDS 45.00 038.060 BOILER 55.00 038.070 CARPENTRY (SEE NOTE D) 55.00 038.080 CABINETRY AND MILLWORK 55.00 038.090 COMMUNICATION SYSTEMS SPECIALTY (SEE NOTE D) 55.00 038.100 DEMOLITION, BUILDING (SEE NOTE D) 55.00 038.110 DREDGING 55.00 038.120 DRYW ALL 55.00 038.130 ELECTRICAL (SEE NOTE D) 150.00 038.140 EXCAVATING, INCLUDING FILLING, GRADING, AND LAND CLEARING 55.00 038.150 ELEVATOR (SEE NOTE D) 55.00 038.160 EXTERMINATOR (SEE NOTE D) 55.00 038.170 , FENCE ERECTION (SEE NOTE D) 55.00 038.180 FIRE SPRINKLER SYSTEM, BUILDING (SEE NOTE D) 55.00 038.190 FLAT WORK MASONRY SPECIALTY (SEE NOTE D) 55.00 038.200 FLOOR COVERING, LAYING, SANDING, FINISHING 55.00 038,210 GAS, NATURAL (SEE NOTE D) 50.00 038.220 GAS, L1aUID PETROLEUM (SEE NOTE D) 55.00 038.230 GARAGE DOOR & OPERATOR INSTALLATION (SEE NOTE 0) 55.00 038.240 " GLASS AND GLAZING (SEE NOTE D) 55.00 038.250 GUNITE AND SANDBLASTING 55.00 038.260 HAULING, TRUCKING OR MOVING 55.00 038.270 HOUSING MOVING (SEE NOTE G) 55.00 038.280 INSTALLATION, NOC 55.00 038.290 INSULA TION (SEE NOTE D) 55.00 038.300 IRRIGATION SYSTEMS SPECIALTY (SEE NOTE 0) 55.00 4 CATEGORY NO. CATEGORY FEE 038.310 JANITORIAL SERVICE 55.00 038.320 LANDSCAPINGfTREE SURGERY 55.00 038.330 LAWN, YARD & GARDEN CARE 35.00 038.340 LOW VOLTAGE SYSTEMS SPECIALTY (SEE NOTE 01 55.00 038.350 MAINTENANCE WORK (NOC) 55.00 038.360 MARBLE SETIING INCLUDES TILE (SEE NOTE 0) 55.00 038.370 MARINE SPECIALTY (SEE NOTE D) 55.00 038.380 MECHANICAL CONTRACTOR (SEE NOTE 0) 150.00 038.390 MOBILE HOME SETUP SPEClAL TV (SEE NOTE D) 55.00 038.400 ORNAMENTAL IRON WORK 55.00 038.410 PAINTING ~ INCLUDING PAPERHANGING (SEE NOTE D) 55.00 038.420 PAPERHANGING (ONLY) 55.00 038.430 PARTITIONS, MOVABLE 55.00 038.440 PAVING (SEE NOTE D) 55.00 038.450 PILE DRIVING (SEE NOTE 0) 55.00 03B.460 PIPELINE (SEE NOTE D) 55.00 038.470 PLASTER AND STUCCO SPECIALTY (SEE NOTE 0) 55.00 038.480 PLUMBING (SEE NOTE D) 150.00 038.490 POLLUTANT STORAGE SYSTEMS; GASOLINE, OIL, ETC (SEE NOTE 0) 55.00 038.500 PRESSURE CLEANING 55.00 038.510 PRESTRESSED PRECAST CONCRETE SPECIALTY (SEE NOTE D) 55.00 038.520 REFR1GERA TION, COMMERCIAL & INDUSTRIAL (SEE NOTE D) 55.00 038.530 REINFORCING STEEL SPECIAL TV (SEE NOTE D) 55.00 038.540 ROOFING (SEE NOTE D) 55.00 038.550 SEPTIC TANK/SEWER CLEANING 55.00 038.560 SHEET METAL (SEE NOTE D) 55.00 038.570 SHUTTER AND OPENING PROTECTiVES (SEE NOTE D) 55.00 038.580 SIGNS - ELECTRICAL (SEE NOTE 0) 55.00 038,590 SIGNS - NONELECTRICAL 55.00 038.600 SOLAR (SEE NOTE D) 55.00 038.610 STEEL REINFORCING (SEE NOTE D) 55.00 038.620 STRUCTURAL MASONRY SPECIALTY (SEE NOTE 01 55.00 038.630 STRUCTURAL STEEL (SEE NOTE P) 55.00 038.640 SWiMMING POOL, RESIDENTIAL (SEE NOTE D) 55.00 038.641 SWIMMING POOL, COMMERCIAL (SEE NOTE D) 55.00 038.642 SWIMMING POOL, SERVICE & MAINTENANCE 55.00 038.650 TILE AND MARBLE SPECIALTY (SEE NOTE D) 55.00 038.660 UNDERGROUND UTILITY (SEE NOTE D) 55.00 038.670 VENEER SPECIALTY (SEE NOTE 0) 55.00 038.680 WATER SOFTENER INSTALLATION AND SERVICE 55.00 038.690 WELDING (NEED CERTIFICATION) 55.00 038.700 WELL DRILLING (SEE NOTE E: REQUIRES '. CERTIFICA TION FROM SWFWMD) 55.00 038.710 WINDOW CLEANING 35.00 038.720 WRECKING AND DISMANTLING (OTHER THAN BUILDING) 55.00 039.000 COSTUME OR CLOTHING RENTAL 45.00 040.000 DATA PROCESSING CONSULTANT/PROGRAMMER 75.00 040.010 DATA PROCESSING SOFTWARE 55.00 5 ; , CATEGORY NO. CA TEGORY FEE 041.000 DATING/ROOMMATE SERVICE (SEE NOTE B) 110.00 042.000 DECORATOR, INTERIOR 55.00 043.000 DELIVERY/MESSENGER SERVICE (INCLUDES FIRST I VEHICLE) 55.00 i I PLUS, PER EACH ADDITIONAL VEHICLE 20.00 044.000 DESIG~ER, INDUSTRIAL (SEE NOTE 0) 55.00 045.000 DISC JOCKEY, FREE LANCE 55.00 046.000 DIVER 50.00 047.000 DRAFTSMAN 75.00 I 048.000 ELECTRIC POWER COMPANY 150.0b 049.000 EQUIPMENT RENTAL. SMALL TOOLS OR APPLIANCES 55.00 049.010 EQUIPMENT RENTAL, CONSTRUCTION 110.00 050.000 FLORIST 55.00 051 .000 FREE SERVICE BUREAU 70.00 052.000 FURNITURE, REFINISH, REUPHOLSTER, CLEAN 55.00 AND REPAIR 053.000 GROUP CARE FACILITIES 053.010 CONGREGATE CARE FACILITIES 150.00 053.020 CONV ALESCENT /NURSING HOME 1 50.00 053.030 FAMIL Y CARE HOME (1.6 CLIENTS) 35.00 i 053.040 GROUP CARE, LEVEL I (7.14 CLIENTS) 45.00 053.050 GROUP CARE, LEVEL II (15-20 CLIENTS) 70.00 053.060 GROUP CARE, LEVEL III (1 TO 20 - SPECIAL TREATMENT) 85.00 054.000 GUNS (SEE NOTE 8; REQUIRES FEDERAL FIREARMS LICENSE), DEALER, INCLUDES REPAIR 110.00 055.000 HEARiNG AlD, AGENT OR DEALER 65.00 056.000 HOSPITAL 220.00 057.000 INCOME TAX PREPAREA 55.00 058.000 \ INSURANCE 058.010 PER EACH COMPANY, CLASS, TYPE OF INSURANCE 75.00 058.020 ADJUSTER 65.00 058.030 AGENCY (INCLUDES 1 PRINCIPAL, OWNER, MANAGER OR AGENT) 55.00 058.040 AGENT, PER EACH IN AGENCY 25.00 058.050 AGENT, INDEPENDENT 75.00 6 CATEGORY NO. 059.000 059.010 CA TEGORY FE~ 25:00 35.00 ITINERANT, KNIFE TOOL SHARPENER ITINERANT, AGRICULTURE PEDDLER 060.000 KINDERGARTEN, NURSERY OR DAY CARE (SEE NOTES C & D) 45.00 061.000 LABORATORY (INCLUDES ,DENTAL, MEDICAL, RESEARCH, ANALYTICAL, PHOTO, CHEMICAL TESTING, ETC.) PLUS, PER EMPLOYEE 80.00 20.00 062.000 LAND DEVELOPERS 110.00 063.000 LECTURER AND INSTRUCTOR, ITINERANT 70.00 064.000 LOAN, FINANCE OR CONSUMER DISCOUNT COMPANY 250.00 065.000 LOCKSMITH (NOTE B) 45.00 066.000 MAIL ORDER ESTABLISHMENT 55.00 067.000 MAILING, PACKAGING, ADDRESSING, FAXING 55.00 068,000 068.010 068.020 068.030 068.040 068.050 '068.060 068.070 068.080 069.000 069.010 MANUFACTURING, FABRICATING, PROCESSING, COMPOUNDING 1 EMPLOYEE (INCLUDING OWNER) 45.00 2-4 EMPLOYEES (INCLUDING OWNER) 65.00 5-10 EMPLOYEES (INCLUDING OWNER) 90.00 11-25 EMPLOYEES (INCLUDING OWNER) 110.00 26.50 EMPLOYEES (INCLUDING OWNER) 165.00 51~100 EMPLOYEES (INCLUDING OWNER) 220.00 101-500 EMPLOYEES (INCLUDING OWNER) 250.00 OVER 500 EMPLOYEES (INCLUDING OWNER) 410.00 MASSAGE ESTABLISHMENT (SEE NOTE 0 & CHAPTER 9) p'C"'~:'9..9 MASSAGE THERAPIST, EACH (SEE NOTE D & CHAPTER 9) ??..;.Q.q 070.000 MERCHANT OR MERCHANDISING: (SEE NOTE B FOR SALE OF useD MERCHANDISE) STOCK VALUE $1,000.00 OR LESS 35.00 OVER $1,000,00 BUT LESS THAN $2,000.00 45.00 OVER $2,000.00 BUT LESS THAN $3,000,00 55.00 $3,000.00 AND OVER 60.00 PLUS, PER $1,000.00 4.25 070.050 MOBILE 110.00 070.060 ANTIQUES, USED MERCHANDISE (SEE NOTE S) 55.00 070.070 '. MERCHANT, TEMPORARY 50.00 070.080 MERCHANT, ITINERANT 150.00 070.090 MERCHANT, SHOW OR FLEA MARKET, PER EXHIBITOR 8.25 070'~100":n~::':''',:::',,':'':':,~:>,':'':'':DpWNTOWN.'CONVENTION/EXHIBITION CENTER....::. .: :':, " '.:3,000.00 . ...............,. ....,"' ".. . , .. "+,.. ". ................. .>.> .....>,........'.., .... ...... ....... ......'... ............", ... ,>0" '"' ".. ..,.. ,r. ,,'n. "c . .' ...... ,.... ....,.,.. <., H 070.010 070.020 070.030 . 070.040 071.000 071.010 MOBilE HOMES DEALER (NEW OR USED) SALES AND SERVICE 110.00 7 CATEGORY NO. 071 .020 CATEGORY FEE 70.00 3.25 071 .030 PARK, RENTAL PLUS PER SPACE OVER 25 TRANSPORT SERVICE (IF INDEPENDENT OF CITY L1CEN'SED DEALER OR MANUFACTURER) 65.00 072.000 072.010 MOTORCYCLE, DEALER MOTORCYCLE, SCOOTER OR BICYCLE RENTAL 80.00 55.00 073.000 MOVING, TRANSFER COMPANY 90.00 074.000 074.010 074.020 MUSIC MACHINES/JUKE-BOX, COIN OPERATED: (NOT AMUSEMENT OR VENDING MACHINES) DEALER OR LESSOR OPERATOR OR LESSEE, EACH MACHINE 110.00 35.00 075.000 075.010 075.020 075.030 NEWSPAPER, PERIODICAL OR NEWSLETTER: LESS THAN 6 ISSUES PER weEK 6 OR MORE ISSUES PER WEEK AGENCY OR BUREAU 75.00 220.00 110.00 ,. 076.000 NURSERY, PLANTS 55.00 077.000 PATROL, NIGHT PATROLMAN, OR PRIVATE WATCHMAN: FIRM (SEE NOTE B) INDIVIDUAL (SEE NOTE B) 75.00 35.00 077.010 077.020 078.000 PAWNBROKER (SEE NOTE B) 330.00 079.000 079.010 PETROLEUM PRODUCTS, WHOLESALE PETROLEUM PRODUCTS, DELIVER/SALE 220.00 11 C.OO 080.000 PHOTOGRAPHY 55.00 081 .000 PIANO TUNER 25.00 082.000 PLATING OR ANODIZING, METAL 55.00 083.000 PRINTING, PUBLISHING, ENGRAVING, LITHOGRAPHING & BINDING (INCLUDES BLUEPRINTING SERVICES) SO.OO 084.000 084.010 084.020 084.030 084.040 084.050 084.060 084.070 084.090 084.100 084.11 0 -; PROFESSION (PER LICENSEE AND PER LOCATION) ACCOUNTANT (SEE NOTE D IF CPA) 100.00 ARCHITECT (SEE NOTE D) 100.00 ATTORNEY (SEE NOTE D) 100.00 CHIROPRACTOR (SEE NOTE D) 100.00 COURT REPORTER 75.00 DENTAL HYGIENIST (SEE NOTE D) 75.00 DENTIST (SEE NOTE D) 100.00 DESIGNER, INTERIOR (SEE NOTE D) 100.00 EMBALMER/FUNERAL DIRECTOR/UNDERTAKER (SEE NOTE 0100.00 ENGINEER (SEE NOTE D) 100.00 8 C~TEGOR~' NO. CATEGOR'( FEE 084.1 20 HOMEOPA THIC PHYSICIAN 100.00 084.130 NAPRAPATH (SEE NOTE D) , 00.00 084.140 NATUROPATH (SEE NOTE OJ 100.00 084.1 50 OPTICIAN, INCLUDING SALE OF LENSES & FRAMES (SEE NOTE 0) 1 00.00 084. 1 60 OPTOMETRIST (SEE NOTE D) 100.00 084.170 PHARMACIST (SEE NOTE D) 100.00 084.1 80 PHYSICIAN (SEE NOTE D) 100.00 084.190 PHYSIOTHERAPIST (SEE NOTE 0) 100.00 i . 084.200 PROFESSION, NOC 100.00 I. 084.210 PSYCHOLOGIST (SEE NOTE D) 100.00 I 084.220 SURVEYOR (SEE NOTE D) 100.00 084.230 VETERINARIAN (SEE NOTE D) 100.00 085.000 PROMOTER/PROMOTIONS (SEE NOTE B) 200.00 086.000 RAILROAD 225.00 087.000 RECORDING STUDIO 55.00 088.000 REFUSE COLLECTION & DISPOSAL SERVICE 225.00 089.000 REFUSE MACHINE, COMPACTING AND/OR BINDING: 089.010 OWNER OR LESSOR 220.00 089.020 OPERATOR OR LESSEE 100.00 .., 090.000 RENTAL, Noe 55.00 090.010 HALL/FACILITY/PROPERTY, NONRESIDENTIAL USE 100,00 091.000 RENT AL, UNITS (2 OR MORE) 25.00 PLUS. PER UNIT OVER 5 1.50 092.000 REPAIR & SERVICE. Noe (INCLUDES HANDYMAN) 45.00 PLUS, FOR EACH EMPLOYEE (OTHER THAN OWNER) 10.00 093.000 RESTAURANT 093.010 1-10 SEATS 35.00 093.020 11-25 SEATS 55.00 093.030 26-50 SEATS 110.00 093.040 51-100 SEATS 165.00 093.050 101 OR MORE SEATS 220.00 093.060 SNACK BAR, SODA FOUNTAIN 45.00 093.070 CONCESSION STANDNENDOR, PER LOCATION OR UNIT 45.00 093.080 CANTEEN WAGON. OR TRUCK, PER MOBILE UNIT 50.00 093.090 -; DRIVE-IN OR DRIVE-THROUGHfTAKE OUT OR DELIVERY 75.00 093.100 NIGHTCLUB/BARn-A VERNfCABARET /LOUNGE (SEE NOTE B: SEE ADULT USE ENTERTAINMENT: SEE COMMERCIAL RECREATION/ENTERTAINMENT. ENTERTAINERS) 220.00 093.110 DANCING AREA 45.00 094.000 SCHOOLS - TRADE, STUDIO & INSTRUCTION (SEE NOTE D: 9 CATEGORY NO. CATEGORY FEE ALSO SEE NOTE 8 FOR DANCING OR CHARM SCHOOLS) 55.00 095.000 SECRETARIAL SERVICE (INCLUDES STENOGRA.PHERS) 55.00 .1 096.000 SEWING (DRESSMAKER, SEAMSTRESS, TAILER, ETC.) 45.00 097.000 SHOE REPAIR (OR BOOT BLACK STAND) 45.00 098.000 SITTING - HOUSE, PLANT, PET (SEE NOTE B) 50.00 099.000 STORAGE/WAREHOUSING 099.010 INDOOR, PER 1 ,000 SQUARE FEET 10.00 099.020 OUTDOOR, PER 1,000 SQUARE FEET 20.00 100.000 TATTOO PARLORS (SEE NOTE D AND FLORIDA STATE STATUTE 877.04) 100.00 101.000 TAXICAB, INCLUDES FIRST VEHICLE (SEE NOTES A AND B AND CHAPTER 61) 55.00 PLUS FOR EACH ADDITIONAL VEHICLE 20.00 102.000 TAXIDERMIST 45.00 103.000 TELEPHONE AND TELEGRAPH 103.010 TELEPHONE, COMPANY 225.00 103.020 PLUS, FOR EACH BRANCH 30.00 103.030 TELEPHONE, BUSINESS, PRIVATE 55.00 103.040 TELEPHONE, SOLICITATION (SEE NOTE B) 55.00 103.050 TELEPHONE, ANSWERING SERVICE 55.00 104.000 TOILETS, PORTABLE SERVICE 100.00 1 05.000 TRAILER, CARGO (FOR BOAT TRAILERS, SEE BOATS) 105.010 TRAILER, CARGO, SALES AND SERVICE 55.00 105.020 TRAILER, CARGO, RENTAL 45.00 106.000 TRANSIT OR READY-MIX CEMENT AND CONCRETE 220.00 (THIS LICENSE REQUIRED OF ANY DISTRIBUTOR MAKING DELIVERIES AND/OR SALES WITHIN CITY LIMITS, REGARDLESS OF LOCATION OF PLANT.) 107.000. TRANSPORT A TION SERVICES (BUS 5T A TION - INTERSTATE, CHARTERED, LIMOUSINE, SIGHTSEEING I 210.00 108.000 \ VACUUM CLEANER SALES AND SERVICE 55.00 109.000 VALET PARKING 50.00 110.000 VENDING MACHINES (EXCLUDING AMUSEMENT, MUSIC MACHINES, CIGARETTE OR STAMP MACHINES) 110.010 DEALER OR LESSOR 55.00 110.020 OPERATOR OR LESSEE, PER MACHINE ($25 MIN.) 10,00 10 ~ 11 2.000 " , CATEGORY FEE ' I : I I VIDEO OR FILM RENTALS 55.00 I I WRECKING YARD 220.00 ! CATEGORY NO. 111.000 113.000 UNCLASSIFIED, EVERY BUSINESS OCCUPATION, PROFESSION OR EXHIBITION, SUBSTANTIALLY FIXED OR TEMPORARILY ENGAGED IN BY ANY PERSON WITHIN THE CITY AND FOR WHICH NO LICENSE HAS BEEN ORDAINED AND NOT HEREIN SPECIFICALLY DESIGNATED (SEE NOTE B) 110.00 THE MINIMUM OCCUPATIONAL TAX SHALL BE $25. PENALTY, DELINQUENT AND ADMINISTRATIVE FEES: THE PENAL T'( FEE (OPERATING PRIOR TO OBTAINING A LICENSE) SHALL BE EQUAL TO 25% OF THE EST ABLfSHED FEE. THE DELINQUENT FEE SHALL BE 10% FOR THE MONTH OF OCTOBER PLUS 5% FOR EACH MONTH OF DELINQUENCY, NOT TO EXCEED 25% OF THE ESTABLISHED OCCUPATIONAL LICENSE TAX. THE ADMINISTRATIVE FEE SHALL BE $250. NOTES: A. REQUIRES APPROVAL BY THE CITY COMMISSION. 8. REOUIRES CITY POLICE DEPARTMENT RECOMMENDATION. THE APPLICANT SHALL COMPLETE A BACKGROUND INFORMATION REPORT, EXECUTED UNDER OATH, AND SHALL SUBMIT TO A BACKGROUND INVESTIGATION, PHOTOGRAPH, AND FINGERPRINTS. THE RECOMMENDATION SHALL BE BASED UPON THE CRITERIA seT FORTH IN SECTION 29.41 (6) AND SHALL INCLUDE A STATEMENT OF THE FACTS UPON WHICH THE RECOMMENDATION IS BASED. C. REQUIRES CITY FIRE DEPARTMENT INSPECTION AND APPROVAL. D. REQUIRES INSPECTION, APPROVAL OR LICENSE OF STATE OR COUNTY AUTHORITY. E. REQUIRES CITY CENTRAL PERMITTING DEPARTMENT PERMIT FOR EACH JOB. NOC. NOT OTHERWISE CLASSIFIED. '\ 11 fr~..-......~., .~.~ i . i I. I. I I. !; I \" . '>'!-1- :;)1 RESOLUTION NO. 95-52 A.RESOLUTION OF THE CITY OF CLEARWATER DISSOLVING THE OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION AS A CITY ADVISORY COMMITTEE. WHEREAS, on June 2, 1994, the City Commission of the City Of Clearwater adopted Resolution No. 94-11, establishing the Occupational License Equity Study Commission; and WHEREAS, this Occupational License Equity Study Commission has completed their study; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY. OF CLEARWATER, FLORIDA: Section 1. The City of Clearwater hereby recognizes the hard work and dedication of the members of the Occupational License Equity Study Commission, and expresses its thanks and gratitude for their outstanding service to the citizens of the City of Clearwater. . Section 2. The City of Clearwater hereby dissolves the ' Occu~ational License Equity Study Commission as a City advisory commJ.ttee. Section 3. This resolution shall take effect immediately upon adoption. . PASSED AND ADOPTED this Attest: day of August, 1995. C~thia E. Goudeau CJ.ty Clerk Rita Garve:y Mayor-Comm1ssioner .: ~ ' , ~ ' ., J' ,,'"' ., r . . . I, .. . '.. ~... t . ~ DATE +. , I ,. . , , " ' " F/ ()9 h .,~:~;r;';'y':/ ,~:;:-':':" ':':~:':~-"".""""'" ,.. . "i AGEN',DA' " 1_~~- 95 ITEM # 2:2 , \ 1 l I I I I l ; ORDINANCE NO. 5860.95 ;;;<~ AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING DIVISION 18 OF CHAPTER 40, CODE OF ORDINANCES, TO PROVIDE FOR REVISED REQUIREMENTS FOR THE NORTH GREENWOOD COMMERCIAL DISTRICT; AMENDING SECTION 41.053, CODE OF ORDINANCES, TO ADDRESS CONDITIONAL USE SUPPLEMENTARY STANDARDS FOR 'DNO CONDITIONAL USES IN THE NORTH GREENWOOD COMMERCIAL DISTRICT; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: \ , , ! I Section 1. Division 18 of Chapter 40, Code of Ordinances, is amended to read: DIVISION 18. NORTH GREENWOOD COMMERCIAL DISTRICT (CNG) Sec. 40.341. General description. The North Greenwood commercial district is created pursuant to the North Greenwood oommercial district general development plan in order to stimulate reinvestment in and revitalization of an inner city commercial district. The preferred land uses are neighborhood-oriented retail, service and professional uses. It is intended that the dictrict dr~w primorily from the enoircling residentbl community, ::too building and parking standards are structured to create a pedestrian shopping environment. Adherence to sign and facade design criteria is encouraged for building permits for new buildings, building additions, and facade modifications pursuant to sections 36.038 and 44.52. Sec. 40.342. Establishment; contraction. The North Greenwood commercial district shall be applied to properties located generally along North Greenwood Avenue between Palmetto and Grant Streets fA oonform::tnce with the North GroenweeG-oommefCial district gener;]1 develepment ~afl, except to the extent that the city commission may determine that an expanded or contracted area is in the public interest. Sec. 40.343. Permitted uses. Within the North Greenwood commercial districtt only the following uses and structures designed for such uses shall be permitted: ,) (1) 'Indoor retail sales. except qasoline sales; (2) Personal services; (3) Restaurants; (4) Indoor commercial recreation/entertainment; (5) Business/professional offices; (6) Attached dwellings; (7) Nonprofit social or community services; (8) Funeral homes; (9) Multiple-family dwellings; (10) ThreeMfamily dwellings; (11) Two:..family dwellings; (12) Detached singleMfamily dwellings; (13) Family care; (14) Business services: Accescor/ USCG, including ccFtain :llooholic bcvcr:lgc sales uses :lS specified in Geclions 41.071 ::md 41.072. ilID. Veterinary offices~ .' !1ID Adult day care: !.11l Commercial and trade schools: !1ID. Accessorv uses, includinq certain alcoholic beverage safes uses as specified in sections 41.071 and 41.072. , .' ! I ; ! I Sec. 40.344. Conditional uses. Within the North Greenwood commercial district, the following uses may be allowed as conditional uses: (1) Businesc cervices; (1~) Outdoor retail sales, displays and storage; (Z-3) Nightclubs, taverns and bars; (~4) Package alcoholic beverage sales (package sales); (~a) Child day care; . (6) Veterinary offiocc; (Q+) Noncommercial parking; (g8) Utility facilities~,:, (IS) Restaurants serving alcoholic beverages located within 200 feet of a church or a school or with outdoor seating where the service area is located within 200 feet of a residential zone; .au Outdoor commercial recreation/entertainment. Sec. 40.345. Use limitations. The following use limitations shall apply to the North Greenwood commercial district: 2 I' " (1) 1\ convonience foodotore m::lY inolude gasoline s:lIcs provided th:!t gasoline dispem:ing units and islaRd&-arc positioned at least 15 feet fr^Om all property !iReS; and provided that-Rot mera th:m oight fueling Sp::lCOS :Ire provided, such fueURg spocco to be outlined in paint. However, a oonvenienoe foe8storo with gasoline oales may provide marc th::m eignt fueliRg-SpaceG with the approval of the planning and i!9Ring board, which :Jppro\'al sh:::lll be obt:!incd following the procedures fOf conditional usos. ill~ All alcoholic beverage sales shall comply with the provisions of section 41.071. (3) Multiple family dwellings ch:::lll be governed by the dimeRSional and numeriC31 d~velopmcnt requirementG of the multifamily r03ideAtial16 district oont:lined in section ~O,1-66. (4) ThFee bmily dwellings ch:J1I be govoff~ed by the dimension:!1 and numerica~ development requirements of the multiple bmily residentbl 12 district oontained in seGtien 10.146. (5) Two bmily d'.vellings sh311 bo governed by the dimensianal 3nd numorical EIeveIopment requirementc of the multiple family residentbl 12 district cont3iAed in seotion 40.146. (6) Det:::lched single family dwellings Sh3n be governed by the dimensional and numerical development re(flJiremcnts of the single family rcsidenti31 8 dictrict oontained in seetion 40.106. m Veterinary offices shall comply with the following: ~ All activities shall be conducted within soundproof. air conditioned buildinas with no outdoor caaes, runs or other outdoor facilities. Any use which proposes outdoor cages. runs or other outdoor facilities shall require approval of a conditional use by the planning and zoning board. !Ql A continuous. solid landscape buffer, attaining a minimum height of six feet at maturity. shall be provided adiacent to all residentially zoned properties. ill Commercial and trade schools shall have all instructional areas within an. enclosed buildinq and all teachinq shall be conducted indoors. ~rn 1\ccessory uses shall comply with the provisions of section 41.121. @t8t All uses, whether permitted, conditional or nonconforming, shall be conducted in compliance with the use standards contained in sections 42.22, 42.31, 42.32 and 42.35. 3 ~":' L. Sec. 40.346. Dimensional and numerical development requirements. The following dimensional and numerical requirements shall apply to development within the North Greenwood commercial district not expressly regulated elsewhere: (1) Maximum density: 15 dwelling units per gross acre. (2) Minimum setbacks for: Structures ::;hall be :Jffordcd Getbaoko '....hioh measure not lese than as referenced in this cubsectien nor less tM:Jn :Jny higher standard ~....hich m:JY be applicable to a p:Jrticular property in accord with the uniform development rogubtionc oontained in ohapter 42. P Q.rincipal and accessory structures shall r.o.ve the follo,.-..ing minimum setb:Jcks: (a) From North Greenwood Avenue: None. 30 feet from the centerline of North Grocmvood ^,/enue. (b) From all other streets: None. ~ 0 feet from tho ctrcet right of way. (c) From a side property line: None. unless adioining a residential zoning district in which case a setback of 10 feet is required. (d) From a rear property line: 10 feet. (3) Maximum height: 30 ~ feet. (4) Minimum open space for the lot: 15 percent of the lot area. (5) Maximum floor area ratio: 0.55. (6) Lot area: None. No parcel of land shall be cubdividod or split into lots or subparaolc if any cucM lot or Gubparccl is less th:Jn 5,000 cqu:Jre f-ect in :Jrca. Sec. 40.347. Parking. Optional parking reduction. Nonresidential uses in the North Greenwood commercial district shall have no minimum number of parking spaces required. Residential and residential eauivalent uses shall provide the minimum oarkinQ required under section 42.34 for such uses. ReduGcd parking st:Jndards shall apply to development ',vithin the NORA Greenwood commerci:ll district fnr 'A'hich buildiAg-pkms are---:lpprovcd by the North Greenwood design review committoe consistent with the st:Jndard&-and procedures :Jdopte,\ by tho oity commission by resolution :Jnd in :Jccordanao 'Nith the follo'A'ing: (1) Commercial 3Ad office usee m:JY reduee-tl1e-etReJwisc required numb~ pafking sp:lces by net moro than 60 pefG9Rh 4 (2) The owner of.-aRY-i*lrcel of land, including 011 :ldjoining late and plate under the same o'lmership, having ::m area of lees than 5,000 equnre feet, chall be permitted a p::uking waiver for any nonresidential UGO, other th::m est:lblishments serving alcohoHG beverages for oonsumption on the premises, in :looord3ncc with tho-fellowing conditions and restrictions: fat Buildings shall be provided '....ith ::]0 additional front (ctreet) setback of five kat, :lnd landecaping ehall be provided 'Nithin that addition:J1 setb3ok. (b) /\ maxiffiYm-floor area ratio of 0.4 shall apply. (0) ^ l:mEiGsaped open apace, at least 200 ~qu:lrC feet in oreD, including 3t least one ehede tree, shall be provided and maintained for the purposes of buffering, neighborhood beautification, and cre:ltion of attrastWe outdoor apace. 8tO(390 or oooumubtion of m:ltcrlals.equipment or debric in this open space is prohieite4 (d) The owner chall recoRi a declaration of unity of title applisable to the entire p~lrcel of I::md. (c) The parcel ahall not have been created or cplit from :J larger parent tr:::lct of land since December 1, 1988, according to the date of the deed or other instrument of conveyance or-ecvice. Section 2. Section 41.053, Code of Ordinancest is amended to read: Sec. 41.053. Supplementary 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 authorized unless determined to meet all of the standards applicable thereto. . '" * '" * (6) . Child day care centers may be allowed within the limited office, general office, neighborhood commercial, North Greenwood commercial. infill commercial, commercial center, urban center (transition)t and public/semipublic subject to all of the following: (a) Sufficient on site outdoor play areas shall be provided and so designed as to ensure user safety. (b) Appropriate onsite loading and unloading areas shall be provided which 5 (c) are sufficiently distant from other trafficways so as to ensure user safety. The use shall comply with all of the general standards contained in subsection (b) of this section. Ii , : '* '* '* '* '* (22) Outdoor commercial recreation/entertainment may be allowed within the North Greenwood commercial. beach commercial, resort commercial 24 and 28, urban center (core), urban center (eastern corridor), general commercial, highway commercial, infill commercial, and commercial center districts, subject to all of the following: .J I , ! . (a) All facilities and activities shall be self-contained on the premises, unless otherwise approved by the planning and zoning board. (b) The use shall comply with all of the general standards contained in subsection (b) of this section. '* '* '* * * Section 3. The provisions of this ordinance are found and determined to be consistent with the City of ClealWater Comprehensive Plan. Section 4. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED July 20 t 1995 Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk Approved as to form and legal sufficiency: IY, i," Pamela K. Akin, City Attorney 6 ORDINANCE NO. 5861-95 ~3 AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA. ANNEXING CERTAIN REAL PROPERTY LOCATED WEST OF BETTY LANE ON THE NORTH SIDE OF STEVENSON CREEK. CONSISTING OF LOT 20, BLOCK A. STEVENSON'S HEIGHTS. WHOSE POST OFFICE ADDRESS IS 1528 STEVENSON 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 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: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary 1 ines of the City are redefined accordingly: Lot 20. Block A. Stevenson's Heights. according to the map or flat thereof as recorded in Book 34, Page 13. of the pub ic records of Pinellas County, Florida. (A95-12) Section 2. The provisions of this ordinance are found and determined to be consi stent with the City of Cl earwater Comprehensi ve Pl an. 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 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 maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance. including the map attached hereto, wi th the Clerk of the C i rcui t Court and wi th 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. . i . ~ ! t , . PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED '\ July 20. 1995 Rita Garvey, Mayor-Commissioner Attest: ttorney Cynthia E. Goudeau. City Clerk - -- ~ \ "'-. \..... P 12/01 .... .y..... ]-"''' ~. '~ I ~. ~ ':- '---:'... ~ j I ~ ., t i ~L~~ ~~J. ,. t\H(M....!.!..:.. IIU5 ... B 60 <::0 !:! !:! .1 9 6 7 f) ~ 1) '" 10 1,3 ~ .. 161[1 a pJ,,:R -, '\'. .. .". I! .....It< ~ t. o OC' 161~ II) -t ... 16'3 ~..t.!! ~ ' :? 9 lf1. ~ 7 6 @ ..~: ::@ ;:. IO~ 11~ l~e IJ J or 12/02 051 O. I~O~-'~2 p,4el ) -! Ii(\\.T I<> l!I "'co ~ I~ ).. ~ ~ 1~13 "" l!J 10 0] /./09 ., C) I~O' ~ -2 .. t") ... '" 01 ... C) co C) 0 0 12 .., t") !:! ~ ::? - - 9 6 7 '3'5 t ,.:Irt - .- S ........,..". 011. r ::t-4>> (1..gl ., ... ... g~ ::..1 PHILLIP JONES FIELD ~ .. RUSSELL STREET '" ~" ':) j. co :4'~3.1 ell 'I' OVlt1((' HQl.1 "rOU lH C:EIl TER t).B 1:I'~-60 13/02 ... 1 ~ Co C IJ/OI LAND USE PROPOSED ANNEXATION PLAN CLASSiFICATiON and II q~- l'Z.. Ro w E J A Po ZONlNC; ----, . Lqq. II.-{ OWtlER ., I' P LIe AUT J 0 \-\ N 5 0 tJ} f< A re'j PIlDPEnTY DESCnlF'T1OI/ COIl ~l T Y R ~51 D E ~fT I ALL. 0 u.J 'R-3 LO\~O I ELl.( A STc;.VEt-Js.o~ HT$: o. \ 8 A C II I. ~. 'LAND USE PLAN ZONING C IT Y Q E' ~ ( 0 E.1J"\( 11 L La LJ RS-8 HIGHT 0/: WAY .l..CIlt.:~ J C I T '( COM 1.11 $ SID tf I 0_.-- . . PLJ.HlIIIIG Dnd 2.0111110 OOA.no Sl!CTIOIt \0 TOWIlSIIIP 2'i z H A. tlO E \ S E ATlAS PAnl: 2Gq B - .__...._._......_.. _._._.__......~___._____....... ._. ..-'''''1--- ..____. _ ._... EXl111HT A tf.','ri"...., '.. '. '~.' ., I' ORDINANCE NO. 5862.95 ;<y. AN ,ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA. AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED WEST OF BETTY LANE ON THE NORTH SIDE OF STEVENSON'S HEIGHTS, CONSISTING OF LOT 20. 8LOCK A, STEVENSON'S HEIGHTS, WHOSE POST OFFICE ADDRESS IS 1528 STEVENSON DRIVE. AS RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE. , WHEREAS, the amendment to the future 1 and use plan element of the comprehensive plan,of the City as set forth in this ordinance is found to be reasonable. proper and appropriate, and is consistent with the City's comprehensive Dlan~ now, therefore. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the Ilerei na fter descri bed property as follows: I' i' I I I' , I. prooertv Lot 20, Block A. Stevenson's Heights. according to the map or plat thereof as recorded in Book 34. Page 13. of the publiC records of Pinellas County, Fl. (LUP95-14) Land Use Cateaory Residential. Low Section 2. This ordinance sllall take effect ilTlnediately upon adoption. contingent upon and subject to the adoption of Ordinance No. 5861-95. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED ~ Approved as to form and 1 ega~fi ci ency: . k- 4 Pame a . kln City Attorney July 20, 1995 Ritii Garvey Mayor-Conmi ssi oner Attest: Cyntlll a E. Goudeau City Cl erk .,' , \ , i j I I : i - I j I ! i 1 ,. ~'r1M\,!..!..:.. 11lI$ '" (:) ~ 1; ~ j l q 9 B 7 1.3 , ~ n 11.,15 \4 ~t\ ~ '" ;: IISU a',r f! ~ . g 9 1 !~\ ~ 7 6 @ ,,~,:::@ 10; 11~ , ,lSo,i 0(- I) c 12/02 OSI o III'O:-O~l lI'oel ~ ~ . ~ follY OYl"IE[' HOL T YOU Itl CEllftR D.B 1:'1:'-"0 13/0: CO 101[1-J" ... .. J. Dial ~ c- o )- t- J- H'3 Ii" lU 10 Ul I./OS! 'II a 1./07 ~ ... .... .... to. '" ., o 0 0 0 0 6 ~ tf ~ ::! !:! 9 B 7 13/~ E 1311 011111'-030 Illig} lO ... ... ~Iri ::-J PHILLIP JONES FIELD o .. RUSSEll STREET '" HC'll 10 l!l 100 "'th LAND USE - ['ROPOSEb ANNEXATION PLAN CLASSIFICATION and A q5"- l'Z.. R A ~f Ro w E I A P. ZONlNC.=l LqS-. ILl OWHER ,~ I' P L I C Jdn .j 0 \-\ N 5 6 f-j 1 pnOI'ERTY DEscnlPTlolI 'LA'ND USE PLAN COli ~I T Y R ~S IDE' ~.fT I ALL. 0 LV 'R-3 LOT '20 I 13'- \<' Po ~\E.VE tJSuN HIS 0, \ B A C It I. ~. ZONING C IT Y Q t.S' ( 0 E~\( II L LV LJ RS -8 HIGHT or WAY l.CIIL;:; .I P L A HilI tl G l> 1\ d Z 0 /llll 0 BOA n 0 !_-- I . CiTY COMUl5510tl SI!CTIO/l \0 TOWIlSlIlP n A ~IO E \ 5" E _. .-..... .-. -...-.. - .-..- --- -.....- -....---- ____, . 2'i. s A II A 5 /' A 0 E '26Q B ._.,..__.____ f..___._....... L ." ORDINANCE NO. 5863-95 :::<5 AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED WEST OF BETTY LANE ON THE NORTH SIDE OF STEVENSON CREEK. CONSISTING OF LOT 20. BLOCK A, STEVENSON'S HEIGHTS. WHOSE POST OFFICE ADDRESS IS 1528 STEVENSON DRIVE. UPON ANNEXATION INTO THE CITY OF CLEARWATER. AS SINGLE-FAMILY RESIDENTIAL 8 (RS-8); PROVIDING AN EFFECTIVE DATE. WHEREAS. the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable. proper and appropriate. and is consistent with the City's comprehensive plan: now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER. FLORIDA: I' I' .' , Section 1. The following described property located in Pinellas County. Florida. is hereby zoned as indicated upqn annexation into the City of Clearwater, and the zoning atlas of the City is amended. as follows: Property Zoninq District Lot 20. Block A. Stevenson's Heights. RS-8 - Single-Fa~ily Residential 8 according to the map or plat thereof as recorded in Book 34. Page 13. of the publiC recordS of Pinellas County. FL. (A95-12) !: . i I:. I.' . , Section 2. . The Central Permitting Ditector is directed to revise the zoning atlas of the City in accordance with tIle foregoing amendment. Section 3. This ordinance stlall take effect lInmediately upon adoption. contingent upon and subject to the adoption of Ordinance No. 5861.95. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED July 20. 1995 Rita Garvey Mayor-Cmnnissioner Attest: '\ Approved as to Form and 1 ega 1 SL\'ffici e1: pant{~ At.l Ci ty Attorney Cyntl11u E. Goudeau City Cler'k CI RUSSELL .. . . \:) ~ J. LAND USE 1&15 '" fJ l"'I .. ,. 1\1l~,.,(I..!.!...:.. S ~ \ '-', ',- P 12/01 _"'~. ..Jc~....., ~I"-...~' )-~"'... .- """.. ~ ~ .... .. ~ ! I v . ~ i" ; 1~-~ I~J. 9 8 7 , f) 1619 I I 13 I I '" 5 c ... PM" .l.... ,..... ~ ... ~ .. .. 1616 ~,.it ~_ . ~.. ;::. '6" ";)' t! 9 's ("\ ~ 7 6 @ ..~, ~@ \0 ::; .. ~ I~OI ! \....... 11 ~ .. = lJ ;; ~ ~ * ([Y~ ~ ~t!: ~ or j)t: ... G 12/02 OSI 0.' I~O:-'~2 1I,'e) ) -t . i ell 'I' 0......1((. HOlT 'I'OUltl e[lJT[A O.B 1:'1:'-110 1';/0: ... l ;:; ~ o )- ~ J- 1#/3 1#11 l!J \0 dl 1#09 ~ fJ 1.f01 ::? 2. _ t'l .., to- ... ..., Q Q Q Q Q 5 ~ ~ ~ ~ ~ 9 8 7 € ,,,,s 1311 II e.I2~'-'~ 1"'91 ... ... ... ~I-i ::.J PHILLIP JONES FIELD STREE T '" (10 2 OIl'-~" lJ/Ol H(It.! 10 1Il <<Ie. ~h - PROPOSED ANNEXATION PLAN CLASSIFICATION and A q 5'- 1'2. OWHEn ... I' P LIe A If T .J 0 \-\ N So t.j I ~ A re'j Ro w E J A Po ZONINC; ...---. . LqS-.IY PflOPEnTY DEscnlPTIOH COli U T Y R c:"S I U E ....rT I ALL- ow "R-3 LO, '20 I B\... k A ~\l;.VEWSo}J HIS o I \ 8 A C II I. ~. 'LAND USE PLAN ZONING C I,. Y Q E" 5 ( 0 EI-J1'"'( Il L LV W RS .8 IlltillT OF W^Y .&.CIIl;~ 1 PLAUIIIIIG And ZOtllllO DOAnD !_.-- , . CITY COMI.tI5S10tl S I! C T 1011 \0 TOWIlSIl/P n .... tlO E \ S- E A Tl A S I' A 0 E '2.. <2> q B .- .--....-..----." -~_..._..._-_..._-_.--------_..... .-......-.---- .---.--.- ...... 2q 5 - ORDINANCE NO. 5864.95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED EAST OF BETTY LANE. CONSISTING OF LOT 5. BLOCK C,PINE RIDGE SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1317 WOODBINE STREET, TOGETHER WITH THE ABUTTING RIGHT .OF .\~AY OF WOODBINE STREET, 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 p'roperty into the City pursuant to Section 171.044, Florida Statutes. and the Clty has complied with all applicable requirements of Florida law in cbnnection with this ordinance: now. therefore, ;)(P i j I 1 I BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER. FLORIDA: Section 1. The following-described property is hereby annexed into the City of Cl earwater and the boundary 1; nes of the Ci ty are redefi ned accordi ngly: . Lot 5. Block C, Pine Ridge Subdivision, according to the map or plat thereof as recorded in Plat Book 28, Page 98. public records of Pinellas County. Florida. together with the abutting right-of-way of Woodbine Street. (A95-13) Section 2. The provisions of this ordinance are found and det~rmined to be cons i stent with the Ci ty of C 1 ea rwater Comprehens i ve Pl an. The Ci ty Corrmission hereby accepts the dedication of all easements. parks. rights-of-way and other dedications to the public which Ilave heretofore been made by plat. deed or user within the annexed property. The City Engineer, the City Clerk and tIle Central Permitting Director are directed to include and show the property described herein upon the official mllps and I'ecords of the City. Section 3. This ordinance slla11 take effect imnediately upon adoption. The City Clerk shall file certified copies of this ordinance. including the map attached hereto, wi th the Cl erk of the Ci reui t Court and wi th the County Admi ni strator of Pi ne 11 as County. Fl or; da, w; thi n 7 days after adoption. and shall file a certified copy with the Florida Department of State witllin 30 days after adoption. I i i i I I J PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED July 20 t 1995 \ Rlta Garvey Mayor -Conlni s s i oner Approved as to form and legal suffiCiency: Jrh.~k~ Ci ty Attomey Attest: Cyn till a t. Gouclea u C.ity Clerk . 0 ... FAIR~ONT ~ 8 UI.zlS ..- ,uo SIHE.E.l ::; . - ... .. ... t; - ~ ~ .... .. ... ... ... :! t! !:! :! ~ t2 ., . 4 -. 2 J 5 6 7 H) 12 11 \0 15 lot a .. ... ~ <:l .. .. ~ .. ~ -, '" !:! !! ... :! :! .. SmEET :; ... ... ... t; - ... .. ~ ... ... ~ ... :! :! ~ :! t2 .. 2 :} .\ 5 6 C'J7 C? 10 a .... . ... lo ~ '" ~ t ... ... ~ .. :! 6 7 10 .. ... ~ s mEET ... ... to. - ... .. .. '" '0 ... !:! t2 t! t! t? :2 6 7 16 ~ 14 13 12 , I 10 Q .. to ~ ... a ... ... !:? .. ... ... ...., ... '0 '" !:? !:? '" '" '" .. ... .. ... STREET '" 01 ., to. ... ... .. .. '0 ... ... ... t! !2 t! E ., :! t! ... :2 :} ~ 5 6 7 )- 1- ~ 101'3 101" 11 18 10 0) ,JOrl to ..., to a ... ~ Q E I'f '" '" 10107 ::? !2 '" ~ ~ ... 2 - .... '" to. Q <:I Q <:) ~ ~ t! t! 9 B '31S 13rt "'a ....to. 50 ~~ ........ co 40 I:; I:; ta~ ..... -- '300 -..-.. ...-.--,---- ....~, \7 21 22 \9 20 ~ '" to. ~ IS '" ... t? ... ... t? ... ... ~t? ~ LAND USE PROPOSED ANNEXAT\ON PLA{'-J CLASSiFICATION and A, q 5 - \ 3 WHER 'PLlCAHT ~ Ew 2. ( a t-.1 M I 'S$ '0 t.J P. RY BOPTIS-r . c..~\J~c:..H 'LAND bSE PLAN Z O' N I N G UNTY f< (;$\ DEtVTI A L L.C w "R-"3 : IT.'( Res ( DEN Il f.\-L LOW ~ c:s -8 PLAHHIIlG end Z.OHlllQ BO^r\D SE.CT10H \0 TOW II S It I P 1.q ... RAHQE \5" ~ EXHIBIT A zONtNG PROPERTY beSCRIPTIOU~;' LOT S, 8LK c... P \ ~ E RID Gt: I O. I 9 A eRE G RIGlIT OF~WAY1\NV' I PA IlT 0 ~ . LV 0'0.0 P.,~ t.J rs: Gr . O,OG ),cnr:~ Cl1't COM)~ I S S' 0 H - E )"TU.S ~}.OE 26 q 6 " ' . ..' " r 'r. ~ .. ' ~' :. , . I .' ;~ . ". ~.,..;.<.",..._..,...._' ;. ... I". 'I' ,.'.'. ".! ','r ,.i .. .. . '.0 ,... .. DATE" 01 - . ~ ,. . . . '. ' .' . ' . ... F ) / II . .... . . , ' . .:- "- _."... ...".. .."_"~lrlr_~..II' I." '~"J".' -:-1!F!7i~l;,,\."'::r.'~.1r~~~ " " . '. < '.'"<-" 1...< , . ~ .,' t "'.' ," ~ ~ . . '. ..., .'" . i ,T , AGEN~DA' ITEM #. '2.. 'L .. 'I. I !: \ ,I t1w:", ,", ORDINANCE NO. 5865-95 ;)( AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA. AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE. THE LAND USE FOR CERTAIN' REAL PROPERTY LOCATED EAST OF BETTY LANE. CONSISTING -OF LOT 5. BLOCK C. PINE RIDGE SUBDIVISION. WHOSE POST OFFICE ADDRESS IS 1317 WOODBINE STREET. TOGETHER WITH THE ABUTTI NG RIGHT. OF . WAY OF WOODBINE STREET, AS RESIDENTIAL LOW: PROVIDING AN 'EFFECTIVE DATE. WHEREAS. the amendment to the future 1 and use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable. proper and appropriate, and is consistent with the City's comprehensive plan: now. therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER. FLORIDA: . Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Lot 5, Block C. Pine Ridge Subdivision. according to the map or'plat thereof as recorded in Book 28, page 98. public records of Pinel'as County, FL. together with the abutting right-of-way of Woodbine Street. (LUP95 -15) Section 2. This ordinance shall take effect immediately upon adoption. contingent upon and subject to the adoption of Ordinance No. 5864.95. Land Use CateQorv Residential Low PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED July 20, 1995 \ Approved as to form and legal ,SUZi~nCY: pamtra {, A In City Attorney Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk ~~ S!. r^IR~ONT 115:5 ... ~_ l' .f_:~ ~., ~'W': ,tUO ,~I' :< ~O ~ 0:; ir;~ . .... ..",'~~:.~:''''.' 9 B '7 6 SA' :\h~ J - ~li?~-\ 11 I~": .. ,;:. \:~J..o'"l. 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B '315 8 7 6 5 4 J ~ 13/1 I '2 B J PARK SIR /JO/ LS. :~__~~_~~_~~_ u~oo _~_ ~7:'A~ 111 .. ~ t. !:? 2 ~ 15 \ tG 1~ '\' \.~ s mE.E. I ~ . - ... .. .. ti \G ... ... .. ... .... ... ~ !:! t'! ~ :! \:! .... 4 .... , 2 J 5 G 7 f ,j ;6 \J ~'2 \ \. 10 \5 14 0 ... .. ". ... I:J .. ... ~ ... .... '" .... .... ~ :! :! .. :! :! STREET -:; .. ... .... ... t'! 2 16 15 r::. II; .. ... !:!_~- 11~ ~~ -:; !! ... .... ~ 2 16 e. .. !! 15 .. .., ... ... !? !? :; ~ :..L ~ !:!!:! ~!! I 2~ ::, fil'V \6 ~ 14 o i. ';'rT... III .. ~....... t: ~ ~ ... ~ :! ~ :! .... .... .., ... ; &7 ~ 10 ... ... ~ J .\ 6 5 14 lJ 8 12 ... .." ..., <>t .., ... -- 0 ... c 00 III , :! !! !. - ~ .. :! 6 7 ~ .. :! l:j Sl'RtET ~ /"'-...... ., =-~.... - ..?~ :! " ..--~ ~i ~; .. ... t! J 1-4 \2~11 ... 0 "" ... ,., .., - - 10 SffiEET ~, .. ... .... .. 0' t! 6 ... .., '" ... ~ !? 7 1:} 12 11 \0 .... III t::l '" .., 10 :! :? ~ .. ., ., ... STREET .. ... D\ '" cb ~ ... .., ... .. M 10') .... '" ... :! t! - ~ E !! ~ t! 1 2 3 " 5 6 7 11 'll- 19 20 2\ 22 18 n; N III b .... ,.... ... .. 5 ~ .... ~~ :2 \:! ~ - ., .. !! ISO LAND USE PROPOSED ANNEXATION PLAN CLASSIFICATiON and A. q 5 - 13 W HER · P LIe A ., T ~ E.w 7... ( 0 N M I 'S$ \ 0 t-J A RY BA?TlS-r . c...~\Jv<.Gl:-I 'LAND OSE PLAN ZON1NG ZONING PROPERTY beSChlPTJOH ~~ LOT b"J SlK c... P \ ~ E RID Gt R E'$\DEtVTIAL LOW 'R-3 Re5 (D ENnP-L LOW ~ -:, '<3 O. \ 9 A eRE S RIGlIT OF: WA'(r.J\.I\l' PAR.T 0 i:' wo'oiS ~t ~c ~T . o,oq A.cnl!!J C I T 'f COM )AI S S I 0 H _- E ATLAS I>AOE 26q B PL.l.UHltlC t)o(j Z.OHIUC BOAr\Q TOWI/SHIP 1.q \0 s nAI10E IS "E.ClIOH I --oq $~~~) t ,".:.,', . "." , ., ORDINANCE NO. 5866-95 Q?[ AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA. AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERrr LOCATED EAST OF BETTY LANE, CONSISTING OF LOT 5, BLOCK C. PINE RIDGE SUBDIVISION. WHOSE -POST OFFICE ADDRESS IS 1317 WOODBINE STREET. TOGETHER WITH THE ABUTTING RIGHT .OF . WAY OF WOODBINE STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER. AS SINGLE. FAMILY RESIDENTIAL 8 (RS.8): PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable. proper and appropriate, and is consistent with the City's comprehensive plan: now. therefore. BE IT ORDAINED BY THE CITY COMMISSION- OF THE CITY OF CLEARWATER. FLORIDA: Section 1. The following described property located in Pinellas County. Florida. is hereby zoned as indicated upon annexation into the City of Clearwater. and the zoning atlas of the CitY'is amended, as follows: Property Lot 5. Block C. Pine Ridge Sub- division. according to the map or plat thereof as recorded in Plat Book 28, Page 98. public records of Pinellas County. FL. together with the abutting right- of.way of Woodbine Street. (A9S-13) Sect ion 2. The Centr a 1 Permi tt i ng Di rector is di rected to revi se the zoning atlas of the City in accordance with the foregoing amendment. ZoninQ District RS.8 . Single-Family'Residential 8 Section 3. This ordinance shall take effect immediately upon adoption. subject to the adoption of Ordinance No. 5864-95. PASSED ON FIRST READING PASSED ON SECOND AND FINAL , READING AND ADOPTED July 20) 1995 Rita Garvey Mayor.Commissioner Attest: ~ Cynthia E. Goudeau City Clerk ~ F ^lR~ONT S lHEJ. 1 .:; B .. .. .. ., h ... ., "d4 ... ... .. .. ... .., ... "" ::! .. !:? :? :? ~ ... . ~ ... 4 2 J 5 G ., 9 a '7 5 2 'i-" r'''' ~ . ~ . ~ .-:\J '0 10 ~~!1' > ~b \Ii 15 \-4 T :z , , :~~ :~n I'f 0 .. ... ... Q .. ,/lf9 S .. B ... .., ... ., ,,~,,:,.... 'l~ --. :! :! ... :? :? . 10 '. \ ~'kii'" .~". 1 · J~l 0 STREET ... ....\t t . ,..,..,.. 'Uti In; ':~ .. ... ... ... :; t; .. ., :l ... .. .. ... ~ lISt., ~\t.. 0 :? t! t! t! t! t! !: ::! 9 i!~\ ~ 7 2 3 4 5 G ~7 @"'~~' :l .' . 16 15 lot ()j 10 Cl .. . ... ID ~ !! ~ ~ ... ... ... .. ~ .., :! t! .. 2 J 5 7 16 15 1.. 10 0 .. ... .. .. .. .. '" :? :? ::? ::! SlREtT - .... ~J~ ... .. ... ... .. ... ... '" ~ ~ !:? ... ., .. - )- 2 ol 6 ., 1- to r~I' ~ 1/11 16 14 13 12 II 10 10 6 \0 flOP ... '" to .. t'4 ... ... tz> "I O(l 0 .. 0 ~ S .., "I .., !2 .. ... ... ..... '" ... r~07 :? ~ ... :! :? .., !:? ... .. ~ ... .. ... - - ... 2 STREET .. ... ... to. ... to. - '" ~ ... .. ... '" .., to.. - ... 0:> I:) Q Cl t) 5 '" ... ,., .. .. ~ .., ... '" ... ~ !2 !:' :? :? :? !:? !:! :! !:? t! ~ ... !:! !:! E ... 9 8 7 .{ J 2 2 J 6 7 r3M 4 5 1:S" \7 19 20 21 22 "'0 .......-. ~~ ~t.; ~~ 60 ..... ...... ..... _ IJOD ... .... "'-~ \8 '" '" !:! ... ... ::! b to ~ ~ ... ;:; -.-. .--..------ -.. LAND USE PROPOSED ANNEXATION PLAN CLASSIFICATION and A. q 5 - 13 ZONtNG WHE,R lPllC....NT N E.w "2 IoN M 1 "5.5 \ Q \oJ A RY SOPT\S"t . c...l-ivj.Q.c..H 'LAND DSE PLAN PROPERTY bescnIPTloH~'" UNTY R E'"$\ DEtJTI A L L-o w K~3 LOT PPJE S, 6LK c.. R. t D Gt: ZONING O. I 9 A C n E :.i : J 1. Y Q,eS{DBNnP-L LOW R'S 'S nlellr OF: WAY1VVV' f'A "T 0 i=- . U) 0'0.0 ~\ I-J c: ~;r . 0.0'1 Acnc~ CITY COMWsSloH _ r> I.. ).. ~4 H 1 II Con d 1. 0 ~ll H G BOA R D Se.CTIOH \0 TOWI/SIIIP 1.q s n A HO E IS E ATlAS ~)'OE ZSq B ORDINANCE NO. 5868-95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO VEHICULAR TRAFFIC: CREATING ARTICLE VI, CONSISTING OF SECTIONS 30.171 THROUGH 30.177: RESTRICTING THE PRACTICE OF "CRUISING, " OR UNNECESSARY REPETITIVE DRIVING, ON CERTAIN STREETS TO BE DESIGNATED PURSUANT TO THIS ORDINANCE: PROVIDING FOR FINES: PROVIDING AN EFFECTIVE DATE. .;), ] i 1 ! I - j I 1 WHEREAS, the City commission finds that the uncontrolled practice of "cruising, 11 or the unnecessary and repetitive driving of motor vehicles on certain streets (as defined more particularly herein), creates a substantial backup of traffic, interferes with the orderly flow of pedestrian and vehicular traffic, impedes the movement. of emergency service vehicles, pollutes the air, and otherwise endangers the public health, safety and welfare of the residents of the City of Clearwater anp their guests and business invitees, resulting in a substantial expenditure of public funds to insure the protection of public health, safety and welfare: WHEREAS, Ordinance No. 5542-94 was automatically repealed on June 1, 1994 pursuant to section 3 of said Ordinance: and WHEREAS, the City Commission finds that the re-adoption of the provisions of said Ordinance will contribute to the public health, safety and welfare: now, therefore, ) .1 I I I ! j I ARTICLE VI. CRUISING CONTROL j j I i 1 , I ! I j ~ I ~ } > l { ~ .! "i \ i 1 ~ BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: section 1. Article VI, Code of Ordinances, consisting of sections 30.171 through 30.177, is created to read: Sec. 30.171. Short Title. This article shall be known and may be referred to as the "City of Clearwater cruising control ordinance." Sec. 30.172. Definitions. For the purpose of this chapter, the following definitions shall ~plY: (1) IICongested traffic" means traffic on any public stree:t which is delayed to the point that: ] ) 1 I (a) Motor vehicles cannot move through a lOO-yard approach corridor to an intersection controlled by a traffic light within two complete green light cycles, where the delay in forward movement is due to the position of other motor vehicles: or (b) Motor vehicles cannot move through a lOO-yard approach corridor to an intersection controlled by a traffic light, stop sign, or yield sign within a five-minute period of time, where the delay in forward movement is due to the position of other motor vehicles; or (c) Motor v.ehicles cannot readily move forward on portions of the public street between intersections with other public streets because traffic speed is slowed to less than five miles per hour, where the delay in forward movement is due to the position of other motor vehicles. (2) "Cruising" means driving a motor vehicle on a designated street past a traffic control point two or more times in any four hour period, following a determinatioQ that a state of congested traffic exists and during the time in which the city manager, the police chief, or the designee of either, shall have posted a designated street with signs informing the public that the street is subject to regulation under the city of Clearwater cruising control ordinance, or permitting a motor vehicle to be so operated. The operation of a motor vehicle past a traffic control point under' the aforesaid conditions, after notice as provided herein, shall constitute unnecessary repetitive d~iving and therefore a violation of this ordinance. (3) "Designated street" means anyone or more public streets designated as such pursuant to this ordinance; provided, that no portion of a state highway shall be included as a designated street. Any street so designated shall be clearly marked with signs advising the public that the street is subject to regulation under the city of Clearwater cruising control ordinance. (4) UEmergencyll means an unforeseen combination of circumstances resulting in a situation that requires immediate attention to care for or prevent serious bodily injury, loss of life, or significant property loss. The term includes, but is not limited to, a fire, a natural disaster, or an automobile accident. (5) IIGreen light cycle" means the period commencing upon the switching of a traffic light from a red light to a green light through to the return of the red light. , (~) "Lawful purpose" means the following: . j , (a) Involved in an emergency; 2 (b) Traveling directly to or from an activity that involves the exercise of rights protected under the First Amendment of the united states Constitutioni (c) Traveling directly to or returning directly from lawful employmenti or (d) Traveling directly between home or place of residence and a school-sponsored function, a religious function, or a function sponsored by a civic organization. (7) "Traffic control point" means a clearly identified -reference point on a designated street, as determined and marked from time to time by the Police Department. Sec. 30.173. Cruising prohibited. No person shall engage in unnecessary repetitive driving, also known as lIcruising" as defined in Section 30.172, while operating a motor vehicle, and no person shall permit another to"engage in cruising while operating a motor vehicle under his or her care, custody and control, after notice as described in section 30.174. Sec. 30.174. Notice. (1) Upon observation that a motor vehicle has been operated on a designated street past a traffic control point two or more times following a determination that -a state of congested traffic exists and during the time in which the designated street has been posted as provided herein, the vehicle shall be stopped at the time .of or after the second or subsequent observation for the purpose of giving notice to the operator and to each passenger in the vehicle. The notice, which may be orally or in writing, shall inform the operator and passengers that this ordinance is in effect, and that a subsequent operation of the vehicle past a traffic control point wi thin four hours after the initial observation of the vehicle shall constitute a violation of this ordinance. The notice shall include a brief and general description of the designated streets or the area containing the designated streets, and a description of the fine which may be imposed upon conviction. (2) Because the operation of a motor vehicle past a traffic control point after issuance of the notice described her~in constitutes the offense of violating section 30.173, a citation shall be issued to the actual operator of the motor vehicle at the time the offense occurs if the operator was the operator or a passen~er in the motor vehicle at the time of the issuance of the notice. It shall be immaterial whether the operator at the time the offense occurs actually operated the motor vehicle each time it passed the traffic control point. 3 I' (3) At the time a motor vehicle is stopped to give the notice described in this section, and at the time a motor vehicle is stopped after the giving of such notice, and prior to issuing a' citation to the operator of the motor vehicle, the officer shall afford the operator or a passenger in the motor vehicle an opportunity to explain any lawful purpose for his or her conduct. No person shall be convicted for violating section 30.173 if it appears at trial that the explanation given was true and disclosed a lawful purpose, and that the lawful purpose did not constitute unnecessary repetitive driving. Refusal by the person to explain his or her conquct to the officer shall not be deemed an element of the offense or evidence establishing probable cause that the person has violated this section, nor shall such refusal be admissible against the person in a trial of the offense. Sec. 30.175. Exclusions. Section 30.173 shall not apply to: (1) Any public service, police,. fire, emergency, or other governmental vehicle or any ambulance when operated in an official capacity; (2 J Any licensed public transportation vehicle or any vehicle utilized for business or commercial purposes, when operated for such purposes; or (3) An operator or passenger of a vehicle when the operator or passenger is engaged in a lawful purpose. Sec. 30.176. Designation of streets. The city manager, the chief of police, or the ranking police officer on duty in the police district is authorized to designate a public street, other than a state highway, as a designated or "cruising restricted" street upon a determination that a state of congested traffic, as defined in Section 30.172 exist.s. Such designation shall include any portion of the street within which the congested traffic condition is found to exist. upon the designation of a public street as a designated or "cruising restricted" street, the police department shall post or cause to be posted notices to the public to such effect, and shall establish one or more traffic control points to identify the vehicles being operated upon the designated street. Sec. 30.177. Penalty; Enhanced Penalties for Repeat Offenses. '\ (1) Any person violating Section 30.173 shall, upon conviction, be subject to the imposition of a fine in accordance with the P1nellas County Uniform Fine SchedUle for Local Ordinance Violations, as established by administrative order of the County 4 . , Gourt for Pinellas County, as the same may be amended from time to time. As of the'date of adoption of this ordinance, a violation of this ordinance 1.s -a Class V violation, for which the penalty is a $10.00 fine plus $20.00 costs, or $30.00. (2) A second violation of this ordinance within 24 months following a violation of this ordinance by the same offender shall be' punishable by the penalty prescribed for the classification level one class above the classification level for the first offense. For the third and subsequent violations of this ordinance by the' same person within the period of 24 months following the first violation of this ordinance, the offense shall be punishable by the penalty prescribed for the classification level one class above the classification level prescribed for the previous violation as provided by the Pinellas County uniform Fine Schedule for Local Ordinance Violations, according to the following schedule: - Class Fine Costs Total Initial offense: V 10.00 20.00 30.00 Second offense: IV 35.,00 20.00 55.00 Third offense: III 60.00 20.00 80.00 Fourth offense: II 110.00 20.00 130.00 Fifth and subsequent offense: I 135.00 20.00 155.00 (3) In the event that the pinellas County Uniform Fine Schedule for Local Ordinance Violations is amended after the adoption of this ordinance, the fines and costs as set forth in the amended schedule shall be applicable to any violation of this ordinance. section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING July 20 J 1995 PASSED ON SECOND AND FINAL READING AND ADOPTED Attest: Rita G~rvey Mayor-Commissioner Cynthia E. Goudeau City Clerk t:r;e::c~as to ~ and legal Robert J Surette, Esq. Assistant City Attorney sufficiency: 5 :~\ :} ", -r.M .1- Clearwater City Commission Agenda Cover Memorandum Item II Ml!l!tlng Dntl!: 3:+ ~.3.95 SUBJECT: Interactive Multimedia (Kiosk) Software Development RECOMMENDATION/MOTION: Award a contract to Silver Image, Inc. of Clearwater, FL, being the best response submitted in accordance with specifications, at a cost of $36,000.00 for the development of and training on interactive, multimedia software for use in a city Information Kiosk, and authorize related expenditures of $8,100 for computer hardware and a cabinet ~ and that the approprlote offlclnls be outhorized to execute some. l ! i l 1 j \ . t ~ i i BACKGROUND: In May, 1994, a computer based kiosk system was demonstrated for the City Commission. The system utilized high quality, computer based graphics to provide a wealth of information to citizens. Advantages of a kiosk include: . High accessibility of City information to citizens . Supplies answers to questions usually fielded by employees . Information is kept timely through the use of software updates . Increased awareness of and participation in City activities, events and programs . Easy access with quick answers that are consistent and accurate . Feedback about the areas of citizen interest through logging of user responses. The Information Management Department released a Request for Qualification (RFQ) on Murch 6, 1995. A vendor selection team was assembled, including four (4) city staff members and one management team member from Clearwater Mall. They were Jeff Harper and Laura Crook, Information Management; Arlita Hallam, Library; steve Moskun, Finance; and Rob Courtney of Clearwater Mall. Two vendors responded to the RFQ and, demonstration/rating sessions were held in May, 1995. $ 35,000.00 Current fiscal Yr. Commission Action: o Approved o Approved w/conditlons o Denied o Continued to: Revf cwed by: Leg_D! Budget Purchasing Rhk Mgmt. IS AC,", Other ~. I ~ f' rI~ - Originating Ocpt: Infor tlon Manogement Costs: S 44,100.00 Totnl User Dept: I nformntl on Mnnngement Fooding Source: ~ Cap; tol Imp. o opernting ~ Othar ~.Eropr; nted Rcta i ned Em'n i nl}!: Mtochmcnts: Contract Advertilled: Onto: 03'03.95/03'10.95 Paper: Plnolloi County RevieW/Tampa Tribuna SWIll tted by_ 0 Not Rcqui red - Affected "ort iell ~~ 0 Notified Cltii'nag7- .. _~______.....~ Not Required ~ Printed on recycled paper o None ^ppropri lit 1011 Code: 315'94721.564000.519-000 "'---- \"111-'.,.. - 2 - The meeting criterion were: location of firm, successful experience with similar projects, innovative features currently in use, completeness of RFQ response, qualifications of key personnel, reference reports, financial strength, ability to meet schedule and budget, litigation history, longevity of firm, ease of navigation through levels, use of action videos, audio and music, attractiveness of design, organization of information and ease of updating. silver Image was selected as the vendor of choice. They scored consistently higher on all rating categories. In addition, as a local Clearwater based company, they already have an inherent familiarity with the community and with many City services. The contract with Silver Image includes reproduction services (research, script writing, design, music search and location scouting), production (remote photography and digitization of stills, graphics, design, audio production and editing), and authoring (main kiosk and database programs, customer update module, automatic update through modem interface, testing, installation on city equipment and training). After the interactive, multimedia software is purchased by the city, it may be copied, at no additional cost, for use in a unlimited number of city Information Kiosks. The other vendor, North Communications, reported during the demonstration that their minimum cost for the project would be $75,000.00, and the city would not own the software. Upon completion of the system on or before February 1, 1996, the Kiosk will be placed in Clearwater mall (at no expense to the City) to achieve maximum exposure. Usage statistics, gathered by the software, will be analyzed and the suitability of the location will be evaluated after several months of use. Additional costs associated with this project include the purchase of an Apple computer ($2,500), a computer touch screen ($600), and a Kiosk cabinet ($5,000). Funding in the amount of $35,000 is available in the Capital Improvement project 315-94721, Kiosk Equipment. The balance of funding required in the amount of $9,100 will be provided by a third quarter budget amendment transferring this amount from the unappropriated retained earnings of the Administrative services Fund. . .\-:J.J;-':H- Interactive Multimedia Production Agreement for The City of Clearvvafer . TIllS AGREE~ is entered into as of this _ day of . 1995, between Silver hnage Interactive, Inc. ("Silver Imagefl) and the City of Clearwater (liThe City"). The parties agree as follows: 1. Servioes . Silver Image hereby agrees to prepare for and supply to The City the following custom version of the City Information System ("System") for use by The City. The System is a stand alone, kiosk- based interactive multimedia system. It has the following requirements and components: . Has five major areas (initially identified but subject to change) of program information. , They are: . · Management resources · Infrastructure resources · Publ,ic safety · Quality of life · City organization + There is dynamic linking to various subjects to expedite information retrieval ( Subject Directory) . There is an Attract portion which is a self-contained, continuously running segment attracting users to the system and explaining how to use it . Active buttons on the left of the screen allow access to information through a touch screen interface I I, . The system will be updatable through Macromedia Director 4.0, an authoring program . The syst~ will provide a log of user responses for market research and feedback. . The Custom Update Module will provide information updating from a menu driven program . An automatic update system w'i1l provide system changes via an RS-232 modem SllvQ..,- lrn<=:.gcz, J"l:...C7....r<=:.cI::-IVcz, I"c. Pogo 1 The development of the System encompasses, the following segments: + Pre-Production (segment 1) · Research, treatment, meetings and script · High level and detail design .. Pre-production, music search, location scouting . Production (segment 2) · . Remote photography and digitization of stills · Graphics design · Audio production · Audio and video digitization and editing . Authoring (segment 3) · Authoring Main Kiosk System and Database Programs , o Authoring Custom Update Module · Authoring Automatic Update System through RS-232 modem interface · Testing above programs/reauthor as needed o Programs transferred to The Ci ty hard dri ve · Installation and training 2. Designated liaison Personnel In.order to maintain consistency and account familiarity, Silver Image will assign Merrily Miller as the primary liaison between The City and Silver Image. The City will designate one employee as a primary contact between Silver Image s'taff and The City. The City will also designate one employ- ee per major project area as a primary contact within that area. 3. Payment Terms The City agrees to pay Silver Image the sum of $36,000.00 for the System in the following manner: · 20% <f7,200.00) upon completion of high level and detail design documents · 30% (10,800.00) upon completion of Pre-Production (segment 1) Deliverables included are: · Completion of client database input requirements · Project script · Kiosk design and HVAC requirements · Hardware specifications and recommendations .s II vcz.,.. I mc:::J gcz. I t"""l t::...cz. r c:::J c:. t:....1 vcz. 11'1 c:... Poge 2 L- - · 30% ($10,800.00) upon completion of Production (segment 2) Deliverables included are: - Digitized photographic images · Finished digital audio tracks · Finished graphic designs and images " Finished digital video segments -10% ($3,600.00) upon completion of Authoring (segment 3) and before training is provided and final product is transferred to The City computer hard drive. Deliverables included are: > · Final custom version of the System on The City Macintosh · Authoring Custom Update Module - Automatic Update System through RS-232 modem interface - Training session for product updating · Product manual . -10% ($3,600.00) Final payment after product is delivered and meets stated requirements. Payment is due as specified above. Failure" to pay any amount due under this Agreement within 15 days of its due date is a material breach of this Agreement. All production will cease until back pay- ment is made. Silver Image's obligation to provide the System under this Agreement is expressly conditioned upon prompt payment amounts due. " 4. Project Timelines Silver Image will begin the Pre-Production phase within 5 working days of receipt of initial project deposit. The System will be given to The City in the 26th week following the beginning of produc- tion. (See Attachmentl) s. Projeot Changes The City may request changes to the scope of the System by written project change request to Silver Image specifying the desired changes. All changes to agreed upon work must be made in writing to Silver Image. The change will be discussed and repercussions on the schedule will be noted in writ- ing. Once accepted, the change will become part of the original document. All changes must include the descriptionpfwork and the sign"ature of requester. Silver Image will submit to The City time and cost estimates for such changes. Silver Image will also estimate any anticipated delays in imple- menting any existing agreed to services resulting from the changes. If accepted in writing by The City; Silver Image shall perform such changes subject to the time and cost estimates and any imple- mentation schedule changes. Negotiations with respect to changes, or the failure to timely agree, shall have no effect upon The City's obligation to timely pay for the System being provided to The City pursuant to this agreement. Oil vc;z. r /.,...... CI G cz. r,., t:....cz. r c::u==-t:....l vcz. I,., c. Poge 3 ""'" 6. Limited Warranty (a) Services. Silver Imag~ represents and warrants to The City that the System is original to the best of Silver Image's knowledge and that the System does not violate or infringe any copyright, trademark, patent, statutory, common law, or proprietary rights of others, or contain anything libelous. A copy of each such permission is to be furnished to The City. (b) Items for Which Silver Image is Not Liable. (1) As the. System is a stand alone information system and not connected to The City's onw line network, under no circumstances is Silver Image liable for loss of, or damage to, the city records or data. (2) Silver Image is not responsible for hardware, systems or network software or applicaM tions software that does not perform in accordance with the manufacturers' or developers. specifications. Silver Image's only obligation is to use its expertise to the best of its ability f to assist The City in solving such problems. (3) SILVER IMAGE SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGAw nONS UNDER THIS AGREEMENT FOR CONSEQUENTIAL, EXEMPLARY OR INCI- DENTAL DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Except personal injury, Silver Image's liability is limited to the actual damages incurred by The City caused solely by the acts or omissions of Silver Image, subject to a maximum liability in the amount The City is obligated to pay to Silver Image under this Agreement. NO LIMITATION AS TO DAMAGES FOR PERSONAL INJURY IS INTEND- ED. , (c) THE WARRANTIES SET FORTH ABOVE ARE EXCLUSIVE. NO OTHER WARRANT'!, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED. SILVER IMAGE SPECIFI- CALLY DISCLAIM:S THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FTINESS FOR PARTICULAR PURPOSE. THE REMEDIES PROVIDED HEREIN' ARE TIlE CITY'S SOLE AND EXCLUSIVE REMEDIES. \ 7. City Acknowledgments (a) Silver Image marketing rights. The City hereby allows Silver Image the right to copy, show, demonstrate and present the System as a demonstration of Silver Image's design and production capability. Sllvc;z,.,.- 1'-"<=l9C~ Irol:'.-c.z.rClct.::...IVc.. h-lC::... Page 4 l -I (b) Internal Usage of Sys~em. The City acknowledges to Sil ver Image that The City will copy and use the System for The City only and that The City will not distribute copies of the System except for official City of Clearwater use unless required by the Florida public records statutes. , I 8. Hold harmless Silver Image agrees tnat all persons working under the contract are their employees, and they agree to save and hold harmless and indemnify The Ci ty against any and all claims made by their employ- ees, or any other parties making any claims or who may make claims against the city arising out of any acts by employees, agents or servants of Silver Image, including acts of negligence, or any other type of claim brought against The City. . 9. Insurance Silver Image maintains a corporate insurance policy fur Comprehensive General liability in the amount of.$300,000. 10. Notice Any notice under this agreement shall be mailed by certified mail to the recipient at its current address. Notification addresses may be changed by notice. ... 11. Waiver No waiver shall be deemed to have been made by any of the parties unless expressed in writing and signed by the waiving Party. 12. Force Majeure Silver Image is not liable for any failure or delay in furnishing the System resulting from circum- stance beyond Silver Imagets control including but not limited to fire, explosion, flood, storm, hur- ricane, governmental acts, orders or regulations, hostilities, civil disturbance, strike, labor difficulties, transportation delays of carriers or product unavailability due to excessive demand upon manufac- turers, developers or suppliers. ~ S.lvcz.... 1,............<::::::Igcz, I....-.I::.-cz.n::::lcl::.-Ivcz. 1.--.0. Page 5 . -13. Law (a) State Law. This Agreement shall be governed by the Laws of-the State of Florida. (b) Attorneys' Fees. In the event of a dispute or if litigation proceedings are instituted by any one or more of the parties hereto, the prevailing party to said litigation shall be entitled to reim- , bursement for reasonable attorneys' fees and costs incurred in connection with said. litigation procedure. Fo.r purposes of this Section; the term "Attorneys' Fees and Coststl shall include, without limitation, the actual attorney fees incurred in retaining cOWlSel for advice, s"uit, appeal or any other legal proceedings,. 14. Entire Agreement THIS AGREEMENT STATES SILVER IMAGE'S ENTIRE OBLIGATION IN CONNECTION WITH THE SUBJECT MATIER OF THIS AGREEMENT. NO TERM OR PROVISION OF THIS AGREE- :MENT MAY BE AMENDED, ALTERED, WAIVED, DISCHARGED OR TERMIN'ATED, EXCEPT BY WRITIEN INSTRIDvIENT SIGNED BY THE PARTIES. In the event that The City issues a purchase order or other document containing any provision contrary to a provision of this Agreement, it is specifically agreed that same is for internal purposes and no term or condition stated in such docu-. ment shall have any force or effect. . Sll.VER WAGE INTERACTIVE, INC. THE CITY OF CLEARWATER. By:D~ Mill By: (Signature) (Signature) YQ~slurNT (Title) (Title) jUL~ \ l? _, 1995 ,.1995 (Dale) (Date) Sllvc:z.r II1\ClGt7.... Inl.:-o....rClcl.::.-lv<Z. l,-.c. Page 6 - n :\ .~ ,. ~~ Attachment' Time Information Activity Month 2 Month 3 Month 4 Month 5 Month 6 .' .':i~iti~'.i.':"M.~'~.~.i.'~.g.;'.'''''::''.'.'.'.'. . .... . ". ............... .......1........... .............. ...........1.... .... .'. ..... ..........................1....................:...................... ..............................................:........ ........................................................ ,l:IJ9b...!.,~v.g.LQg.S.I.go...l. .n""": ."'..".....,.............""..1...........,...".....,.._.... 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"1 .ISC.'II at.ster.log,,"".......i.............._... ._. j.......n..........'...."........I.........,..".._........_.I'......_..._...._ ...._._- ~ nsta a lon~..~M_~~~I~ _ _~..j~_.._,."'..__1..~....~"'~. . . . ... ... I , t I Ii . . . I . . ...... (alnlng.II.,,^,"y..AJ~""""~"""'~"'''''ON...~i.'''''''~.''''''' rIfY.~....lr~.-..v...................c'.................._.N',.,.tJo.-..,...,'I.,~......._H'AVY.Y.Y.I~~ U"." u .. Critical Dates - Client Supplied :iIldes and Text , SllV0r IIr'IOg0 InC0rOCC-IV0 IrlG r" . Itllm # Meet! ng Date: L\ ~ 1- Clearwater City Commission 33' Agenda Cover Memorandum S" 3. 9 5 SUBJECT: Parking lot for North Greenwood Library Branch RECOMMENDATION/MOTION: Approve agreement with the Pinellas County School Board calling for the City to construct a parking lot for joint use by the library branch and school, on the Pinellas County School Board property behind the North Greenwood Library at Holt and Palmetto, ~ ond that the appropriate officials be authorized to execute samc. BACKGROUND: The North Greenwood Branch Library had a very small parking lot for four vehicles before ADA requirements were enacted. Now, those four spaces have been converted to two handicapped spaces and there is no parking for the able- bodied. The City approached school district staff in 1993 to see if they would be willing to permit the City to construct a parking lot meeting City standards on their vacant lot (which has been used by school personnel for parking) . Initially they agreed, then asked for time to consider parking needs of the surrounding Discovery, Curtis Fundamental, Community Pride, and other school- owned properties. We approached the school district again this year. They have verbally agreed to ,the attached proposal. The 126'x139' lot will be paved and striped according to City standards under the supervision of the City's engineering department. The ten paved parking spaces closest to the North Greenwood Branch will be reserved for library customers during library hours and activities. The remaining 21 paved and unpaved spaces will be used by the school district during the hours that the school is in session, then will convert to joint use after hours. Total estimated cost of the project is $60,000. The 1995-96 Midyear Budget adjustment provided funding for this project with the transfer of $60,000 from the unappropriated retained earnings of the General Fund. Total Commission Action: o Approved o Approved w/condltlons o llenled tJ Contlnucd to: RevlE!'tled by: Legal Budget Purchasing Risk Mgmt, CIS ACN Other fkJ- ~ ~ ori9inat~ln Dept: J I brnry · LV Costs: " s User Dept: . f' 1.1' . Englncerlng f)' 'J- Currcnt Fiscal Yr. Submi tted by: L).p- Cl Mona;;?': Advertised: Oat\!: Paper: ~ Not RCClUI red Affected Parties t!:) Notified o Not Rcqui red Funding Source: }C Capital tmp. o Opcratlng o Other Attachments: Cost estimates Parking lot design Agreemcnt with School Boord !; (I ! Appropriation Code: 31S-93S19.SxxxOO'S7l o None .~ ~w printed on recycled peper ~, ,<<",",\" ../; ,.J!.,.~.~. C'. ", -1 ~~; :,\'. ': . .' . (. 'I. . . . ~ n'1.'l- :'.~ ,. . CITY OF CLEARWATER lnterdepartment Correspondence Sheet FROM: Arlita Hallam, Director, Library ?) , Richard J. Baier. City Engineer 1-1" · Elizabeth M. Deptula, City Manager William C. Baker, Assistant City Manager Kathy S. Rice, Deputy City Manager Terry Jennings, Chief Engineer DonaldA. Meerians, Assistant Traffic Engineer Gary A. Johnson, Engineering Project Coordinator TO: COPIES: SUBJECT: No. Greenwood library Branch Parking Lot DATE: March 21, 1995 I l Please find attached herewith Engineering's estimate for the construction of a paved 23. space parking lot. The estimate is inclusive of labor and materials to construct a parking lot to City Standards. However, it does not include or foresee the need for any environmental assessment report and the like. We recommend increasing the $56,400 total cost to $60,000 to buffer any normal construction overruns. If you should need additional information, please contact me at extension 6042. RJB/jl Attachment hbpklat.jrll: n , . E S T r. M A T E ~~: C t E fi \.; ~/..J /.. ..," L 1 f31\~H; ~ ',' ESTIMATE BY: Gl8 DATE: "1,/7. "'J' AkJ"J /1-/ ,-<iA Y.. ,-:; '^ / J1J("")fll) I."l'/.~;'I .' I ( I / CHECKED BY: DATE: /~..4 f.,' I. 11\/ ti .:.. (J 'r . REVISED BY: DATE: :JOB NUMBER: OKrO. FOR BID BY: DATE: ITEM EST. UNIT ESTIMATED NO. ITEM UNIT QTY. PRICE TOTAL COST C,.) !Iii 7 /; . (L.d,J/.)HlTi:' /) 6/;1J~..." 8:00 J. B.!' ) (~. . '(".=:j!J .~.. --1::'-, '1;) <>.- ---- 5,):' /070 R L) ? O. '00 [..'; ',1" 1 .:, ~" I".. ~Jl!.,..; ~ ) ,).~.5':"~r"":~.~:..J~ ;;.. . . -:'~j"- .. Q- , ... -- . -- - - - -'-'-~------ S. )~. JO 76 3.0-0 '? 7 45". 0 (J -' '- /~)? ('(Ill I , r:f _1.1~~.'!c.... ,-, l.... COAk'.<.';~~ r::- +.5 47. SO 3. f?~. 3 .. /11 "I-';'-:';/J'^:;";'r.:.~-'--'-""'Oi_._~..._" $I~~ /0 7D 4.25 '- - 4. CL,:. 4^'II~!cJ~J_' G.~;.': !.tV.iL:.:~L_. !.__G..~.'f:!:::!!~~ LS I ROOD. ()() f1t1oo I ()() lI\i( ,~ (,)IV".,' : I C It T rr 11;,'.;'7/-11,\) " \ ( , 7;1 i. . C~Hi ,~ T. 6 ., L~):~;~'!; T~' V~ ~..E_{~L :'A'lj'_ 2/5 1r/35 00 ~ / IV ,I J .~' Y /V'.J. 1,"'/ L ,A 9.00 . , C' U 1,1 J. "t. .-.' ." \ J . ~":!....__..~:1~3... ~ t ,f/: ,L. f:.., ") <.. ....) !...! ~ ~, ',;. 'Eh r: 425 q5~, //~/,'J~ / NO. /o...j 2.25 25" /, / /\1 ~ 7.4t. L 5,c) ~/O 6.{:Jt,.J,) $r:.J() 5,r. S ~ S'() .'30 IbOS.OO B. L{.I{VoJ !:"!~!.=- !. Jt0! ~ I:.~~!.t~!.__M_' 4Q X'.__. I 190DI C>O /NDg y AI/;) . 204- €4. J q (){;, 06 .t;QJ:j..i.I'\ _J ; r OuTFt)!.. L COUZ ....)1IL. 'l. <;; -r;\ ';,I( 'r, )...~E 0"';-Z L. Uil..' . ~:^ I nl ,0 ~ .\-' ~A. / J &fOO.DO l'JOa.DO ..~lf ~i l!d.!.!i.:.!/ .. ~~~~'''M'~:!; Ls~.~'t..(~;!~!.._.&NQ LS I J){J(J(J,O(J ~CJO() I ad II). AI/.) ;'Q In J L. L /Me-Ie -+ lode L L l't )"/ T.'::' I - 6'''''- /"'0" _/~:\}.d.!('!.:_~r..lLf.Gy-._f!F.__._ _. .... k_ - L-, t:: 55 60,O(J ~ 300, 00 II. UNl.lc ,;/ r:J;.:;,.;,.,- 5Y C;Tc"Jt I /2. /^/~!~~ ~~. !!~~.._J?F.__l-r.:'-8.b 1;1 Lf~ /20 45. 00 51-00,00 1)'-' - AA..j,) /..)/;. l:;'v;J - OF s!!..ti~-:!':::' ., ... ..~ ---. C,y: ItJQ 15. {)D /500,00 /3. I tiN ('UI T/leU 4,;' m;')'Tif A}.Oj i- /4. J N';) Tri.: '- 57,;{"6" c "f L.16IlTI...../6 i.S / bOO. 00 ~()O .00 15"- ,Pf. i~~4-1:dlt~.':!, . (;'V_iT!"J.i..f.~l n !dJl__..d ""p I 4 so. Ul 450 YI)'!) ^/ A t~.... _1/ 6-- .'oJ T {11~ l"i< ,'. :7~ ( r "5 J:")A,) L.S ,00 If. .! N.~.7 ~ ~.f..__?:l?~ ~$.,.~ ..::~_~L?!i l i(",j /'.:. ~.4 2. /5'00,00 3000.00 S/~'l,'I! I~I ~ rn A IS' t., t ~ I \.:.1 ~^lO .. 17. P/I,\ '{ 'II-I (./ I " L.S , 1000.00 1000 .OtJ I.-CT :.: 'r,.VI VI /,/ II I tJ,. L A .(.;.~ ~ ," H P /:~I (7 L. S , ':! {)OOt ()Q :3 OO<.J I Of) F AI/',/ /I1c-= ~ ;(:) ~ 5 7/,Of-1 T~ Sb, 30/8. 7S- "',.;r: ,Ij..~ ,+' . .,.. , . AGREEMENT This Agreement made and entered into this day of , 1995, by and between the City of Clearwater, Florida; a municipal corporation, herein referred to as . II City, t, and" the School Board of Pinellas County, Florida herein referred to as "Board." WHEREAS, the City has a need for additional parking for the North Greenwood Branch Library, herein referred to as "Library;" and WHEREAS, the Board is the 'owner of land adjacent to the Library, said land' used by the Board's Clearwater Discovery School, herein referred to as "S.chool;" and \' WHEREAS, the City has funds available for c;onstruction of a paved, parking lot . facility, herein referred to as "Parking Facility," adjacent to the Library; and WHEREAS, the City and Board are each willing to cooperate in this matter under 1. Term. The term of this Agreement shall be for a period of ten (10) years, \ I ! I I \ I ! I I certain conditions and provisions; THEREFORE, in consiqeration of the covenants herein contained and other good and valuable consideration, the City 'agrees to costruct and maintain a Parking Facility on the School site as shown in Exhibit "A, n according to the following terms and covenants; commencing . 1995 and ending , 2005. This Agreement shall stand renewed for additional ten (10) year periods upon a'pproval by both parties, as evidenced by written correspondence by the Superintendent of Schools and City Manager. . ~ Description of Improvements. Th~ City agrees to construct a Parking Facility, which shall include paved parking, retention area, fencing and associated improvements to the School site as shown in Exhibit II A. tt The City agrees that prior to making any of the improvements shown in Exhibit" A, II or any other subsequent 1 , i 07/1J/95 TI1U 15:52 FA! 5-17 7:!21 peSD FAC PLAN ~002 . improvements to the Parking Facility. the Superintendent of Schools, or designee, will review for approval the plans provided by the City. Said approval, if given, shaH be in writing and shall delincate any modifications or conditions to the construction plans, as agreed by the City Manager . and Superintendent of Schools, or their respective designees. After making any of these improvements, the City agrees to restore any affected portions of the School site to at least as good a condition as existed prior to the installation of the Parking Facility. 3. Maintenance of Imnrovements. The City agrees to maintain the Parking Facility, inclUding but not limited to: paved parking, parking stops/bumpers, retention are.l, " fencing on the east side of the Parking Facility I signage, and landscaping within and immediately adjacent to the Parking Facility; and to pay aU associated maintenance coStS. The City agrees to inspect on a regular basis, or when requested by the Board, the Parking Facility and to make any necessary repairs or maintenance in a timely manner. 4. Return Condition of Fucilitv. The City agrees to return thc Parking Facility and surrounding area to a clean nnd sanitary condition after use by the City or City- sponsored groups, agents or invitees. The Board agrees to rerom the Parking Facility and surrounding area to a clean and sanitary condition after usc by the Board or Board-sponsored groups, agents or invitees. 5. Dates and Times of Use. Both parties agrce that the Library will have exclusive use of the tcn (10) paved parking spaces on the south portion of the Parking Facility, said ten (10) parking spaces located closest to the Library, for City, Library, and ~brary-sponsared programs, year-round, during nonnal hours. of operation. Both parties agree that the School will have exclusive use of the eight ~8) paved parking spaces and tIle unpaved overflow parking on the north portion of the Parking Facility I said eight (8) parking 2 I. . ---or 07/13/95 TIIU 15:5~ FAl 5~i ~.,,,- , ....... PCSB FAC PL\N ~OO.1 spaces and overflow parking located furthest from the Library, for Board, School. and School-sponsored programs. year-round, during normal hours of operation. It is the intent of the partics. nor:withstanding the exclusive hours aforementioned in this paragraph, thnt the Library and School attempt to accomod:lte the parking needs of each other that may arise due to. special events and/or extended hours, when the use thereof does not inr.erfere with scheduled Library or School programs. The City and Board agree that questions concerning days of and times of use of the Parldng Facility shall be resolved between the School Principal and the Library Branch Manager said resolution to be evidenced by written cOrrespondence between the School Principal and Library Branch Manager, The resolution of It questions" concerriing days of use and times of use that can not be resolved by the School Principal and Library Branch Manager, or other unforeseen questions arising out of this , - agreement. shall be addressed according to the terms and conditions of this agreement as s(at~d in paragraph 9. . i 6. Restriction on Use. Use of the Parking Facility by priV:HC parties or organizations. or by business enterprises for profit is prohibited, unless agreed to, in writing, by both parties. The City and Board further agree to make no unlawful. improper. or offensive use of the Parking Facility. The Library and all its invitees shall . . abide by all Board policies, including policy numbers 6Gx52-5.25 and 6G:62.5.27, which prohibit the conswnption of tobacco products and/or alcoholic beverages on Board property, including outside areas. 7. Hold Harmless. Subject to the limitations contained in Section 768.28, Flqrida Statutes (1993), the parties agree each will save the other harmless on account of the ~ negligent acts of iLS employees, servants or agents or on account of any unsafe conditions :3 "'~""-' ':'" . , .'. that may exist as a result of the m:gligent operation by the parties of the subject facilities. The City and Board agree to be responsible for loss or damage to the facility while used in their respective programs, except for routine maintenance. The City and Board agree to provide each other proof of insurance coverage or self~insurance in the' amounts set''forth in Section 768.28, Florida Statutes. 8. Assignment. Inspection and Termination. 'The City and Board will not assign this Agreement or sublet the premises or any part the~eof without the written consent of the other party. The Board, its officers, agents and servants, shall have the right .: to enter and inspect the subject premises and the operation being conducted thereon at reasonable times. This Agreement shall remain in effect unless tenninated by either party as follows: a) Upon breach of this Agreement by a party, the other party shall give written notice of tennination of this agreement specifying the claimed breach and the action required to cure the breach. If the breaching party fails to cu.re the breach within five (5) days from receipt of said notice, then the contract shall terminate ten (10) days from receipt of the written notice; b) Either party may terminate this Agreement by giving written notice to the other partY that the Agreement will tenninate one (1) year from the receipt of said notice by the other party. Upon tennination of this Agreement, the Parking Facility improvements I' shall become the property of the Board. \ 9. Unforcscen Qucstions. The City and Board agree that in the event of' - unforeseen questions arising Ollt of use of the parking facility or otherwise arising under this Agreement, said questions shall be settled in writing between the Superintendent of Schools and the City Manager, or their respective designees. 4 . -. ., . -.... ..- ., w~w..... ....... 10. Litil!ation. In the event litigation is necessary to enforce any of the terms or , " , II .' 'I !I conditions of this Agreement, the prevailing pany shall be entitled to recover its costs and expenses, including reasonable attorneys' fees from the non-prevailing party. 11. Headines. The headings of this Agreement are for convenience abd reference oruy and in no way define, limit, or describe the scope of intent of this Agreement or imy part hereof, or in ariy way affect the same, or construe any provision hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement . the day and year first above written. City Clerk CITY OF CLEARWATERJ FLORIDA By: City Manager + + ~ . . . ' . .. . . .. . .. . I . .. + ... . .. . . . .. . . . . . , .. . . .. .. .. . -to . . . . ,. . . .. . . .. .. . .. . Attest: . . . .. . ~ ~ . . ~ . . of . . , . . .. .. . " . . . . . .. . . . .. . . . .. . .. . . Attest: THE SCHOOL BOARD OF PINELLAS COUNTY J FLORIDA By: . . . . . . . . .. I j' i 1 j I 1 1 i ~ Approved as to form and content: City Attorney (designee) Ex-Officio Secretary Chairman Approved as to form: ,. I ' '. -- \""\JI1!!~~ ~~W~) ~ School B~ Attorney P rep:lfed by . Real Property ManaGement Depanmenr Pine lias County School Board. 5(8195 sf1JS\CIWlrLol.AGr 5 ~ > ~ t- --.J o I -- " . I I I I ! EXHIBIT flAil 4 I I I I . I . , 1 I I I I I I I I 9' 'T'(P. I I I I I I: "-' ~ I . l- 1 , r .. ".. .1/' . . . T. . h .! . ,- U T . U - 'I. - --l-. - . -1, . ,'I I t I I' tc;~ II . I : (grass) 1 I 1 : t ';:::::J \. I I I 1 I ;i{, I I' I I I I JT . .', I :: I r I I I * Primarily School Use (paving) 1 OVERFLOW l'ARKlNO I _ 1 . -... ,'.' 1 I I' 'I I : . ~ . ., I . , I : . (grass) '! : * lu__L..__l~___!____L___L...J : 01 ~~ "fI ei e'(\rJ. GO , ",e~ I W'Il' .* ala: ->- -F , I I 'j ! , . o;;t"o. N~ 1 I I * I I * I;"'~ C'~~i, ! feo? ) C'e I rlNELLAS COUNTY SCHOOL nOARD "RorE Y ~ . I r-----------~~~~----------------i , I ; l, CLEARWATEn LIBRARY I I NORTH GREENWOOD BRANCH I I f I NO Hi: D1mrl.llmlJ h(J'rd lI{1nll Clrr,rulmClU ~Ilt "lIrll. I , M'/'RO.\'I.If,u Ii SC,tLE: J. - 20' I , e RETEN170N AREA Primarily Ubrary Use I I I I I ~" I I I I i I I I I t.1 " (~ U14/95 '.' , "'i.' I',.' .: ,".r:'\ . '. ~!:~ '} :~'.' " " l1!!W~~'; ,........ "" ," " . . ,. AGEN',DA". .. . '.. '" . . I . ," " ,', . ~ATEJ__ 8. 15 ' , . \. . ITEM #' .' \ \ I \ \ I .. ..' . . . -, ~ "" p',! /.3 '7., i \ \ i l ; r I 1 ~ .. . . , . " ., .... ... .... -.. ....--... _.._"....~...I....._. , '::~I"" \' '~~. ,~. '. . ~'~'. . ~\tJ i Clearwater City Commission Agenda Cover Memorandum 3'--( It em fI Meeting Dote: ____ ?(.3.45 i' , .. , SUBJECT: Second Amendment to License Agreement between the City of Clearwater and GTE Mobilnet of Tampa, Inc. RECOMMENDATION/MOTION: Approve the second amendment to the existing License Agreement between the City of Clearwater and GTE Mobilnet that allows two (2) additional antennas to be installed on the elevated water tank of Del Oro Park, an additional cabinet and equipment adjacent to the existing GTE building and an increase in the annual rental fees , i j 1 t ~ and that the appropriate officials be authorized to execute some. I I t I I '1 ~ ~ 'I f 1 .1 ~ BACKGROUND: An extendable agreement between the City of Clearwater and GTE Mobilnet of Tampa, Inc. commenced on September ~, 1992 and was amended on May 12, 1994. The agreement and first amendment allows GTE Mobilnet to install and operate six (6) antennas on the elevated water tank at DelOra Park and miscellaneous communication equipment at the surrounding tank site. For these installations, GTE Mobilnet pays the City in advance an annual sum of $9,000 plus 7% sales tax. During the primary term of the agreement, the rental fee increases between 3% and 5% annually based on specified economic indicators. The recommended second amendment allows for two (2) additional antennas and another small cabinet for equipment that will be placed adjacent to the existing GTE building already on-site. The rental fee increases to $11,250 plus 7% sales tax payable annually in advance and the effective date of the rent increase will be August 4, 1995. All other terms and conditions of the License Agreement continue in full force and effect. Reviewed by: Originating Oept: Costs: $ N/A Commission Action: Legal ~,.? LJ-f Publl c Works Total 0 Approved Budget ;r;t I::J?L S N/A 0 Approved w/conditions Purchasing 1'-' Current Fiscal Yr. 0 Denied Risk. Mgmt. N/A User Dept: DiS ~:'~(2..... 0 continued to: ACH Funding Source: Other 0 Copi tal I~. Advertised: 0 operating Attachments: Dote: 0 Other Second Amendment to License ':'~ Paper: Agreement between City of. ~ Not Required Clearwater and GTE Hobllnet Affected Parties of Ta~a; antenna & cabinet Submitted by: 0 Notified Appropriation Code: specifications :l:. /Cf)4' 4 N/A ~ Not Required City H ooer 0 None ., .fl..... , SECOND AMENDMENT TO LICENSE AGREEMENT THIS SECOND AMENDMENT TO LICENSE AGREEMENT is mnde and entered into this day of ,1995 by and between the CITY OF CLEARWATER, , FLORIDA (herein, "City"), and GTE MOBILNET OF TAMPA INCORPORATED, with offices at 600 North \Vcstshorc Boulevard, Tampa, FL 33609 (hercin, "GTEMll) WHEREAS, thc City and GTEM desire to ~mend the License Agrecmcnt dated August 20, 1992 and amended on May 12, 1994, between the City and GTEM regarding installing antennas on the elevated water tank at Del Om Park~ now, therefore, The parties agree as follows: 1. Paragraph 2 is amended to read: 2. Communication Equipment. City hereby grants permission to GTEM to install and operate the following described cellular communications equipment, building, generator' and associated equipment on or in the Licensed Premises: a) Two (2) Antel Model LPD 7908/4 antennas Thr-e~Q) S2-~CQM Medel bPI) 790S-t-S nntenna-ert~lrcc (3)-Antel-BGR-&{}(H-3- or equivalent with the antennas to be installed on the North side and mounted on the 'Vater Tank balcony hand rail assembly in accordance with Exhibit" AU and the new Exhibit "B II attached hereto. b) Two (2) Scala PRBB-850 Paraflector antennas to be installed on the east side of the water tank at the 125-foot level. c) Two (2) Antel BCR-800 13 antennas presently installed on the west side of the water tank at the ) 25-foot level. d) Two (2) Antel Model LPD 7908/4 antennas or equivalent with the antennas to be installed and mounted on the south side and mounted on the water tank balcony handrail assembly in accordance with Exhibit IIA\ Exhibit liB" and the new Exhibit "e: and Exhibie'D" attached hereto. The e~act locations of antennas shall be supplied to City in the form of as-built drawings after installation; no. alterations thereafter shall be made without prior written approval and acceptance by City and GTE, such approval not to bc unreasonable withheld. ~-l.r) Flexible coaxial transmission lines between antennas and cellular communications cquinment which shall be anchored and installed on \ i il 'I '\ thc watcr tank structurc in accorpance with good_ and accepted engineering practices. o (e) Radio communications equipment conslstmg of transmitters. receivers and accessories to be installed in an equipment building located in accordance with Exhibit 'D", The ground space shall be a 25' x 221 area. more or less. within the existing water tank site. and a 3' x 3' space for an equipment series IIM. minicell cabinet adjacent to the existing 25 x 22 foot building. In this agreement. all of GTEM's equipment. building. panels. generator. cables. wires. antennas. and accessories are rcferred coJlectively to a "Communications Equipment" or "Communications Center. II _ 4. Rent: During the primary term of this Agreemcnt, as rental for the Licensed Premises, GTEM will pay City the annual sum of Nine-'f.heusand and-00I+OO-901aFs-tS9;GOMQ}-pluHo/o-Sflles-iax-Si*-'Fho\J5flnd-Five Hoodred-Feur--f)el!ars ($6,504.00)Eleven-thousand two-hundred fifty and 00/100 dollars ($11.250.00) plus 7% sales tax payable annually in advance. The effective date of the rent increase will be August 1. 1995. The "rental during the primary term will be adjusted at the end of each ycar and shall be based on the U.S. Department of commcrce ItNational Consumer Price indextl for all urban consumers, U.S. city average ("CPIMU) indicator from the most recently published indicator prior to the adjustment date, and multiply the resultant number- by the yearly license rental amount of the most recent past license period; provided, however, that the new yearly license increase amount shalt in no case be less than 3% or more than 5% of the most recent past yearly license rental amount. I I I 1 I I I j I f I i I f. ! I I ( 1 t \ ! I I I I I , 2. Paragraph 4 is amended to read: 3. GTE Mobilnet of Tampa Incorporated, will insure that it complies fully with Paragraph 20(a) of the aforesaid License Agreement prior to installing any additional equipment or antennas. 4. AIl other terms and conditions of the License Agreement shall continue in full force and effect. IN WITNESS WHEREOF, City and GTEM have executed this Second Amendment to License Agreement as of the date and year first above written. Countersigned: City Of Clearwater, Florida By: Rita GaJtvey M n yor-C onuni ssi 0 ner EUzabe:th M. Veptu1.a City Manager ~ I ,. ,I.:. Approved as to form and legal sufficiency: Attest: I, i I' Paul Richard Hull Assistant City Attorney Cynthia E. Goudeau City Clerk \'(r'ITNESSES: Incorporated GTE Mobilnet of Tampa ! . BY: Byron W. Smith . Area President.Florida (print Name) (print Name) , . STATE OF FLORIDA ). COUNTY OF PlNELLAS ) BEFORE ME personally appeared Rita Garvey, Elizabeth M. Deptula, Paul Richard HuH, and Cynthia E. Goudeau, to me well known, and known by me to be individuals described in and who executed the foregoing instrument as Mayor~Commissioner, City Manager, Assistant City Attorney and City Clerk, respectively, of the City of Clearwater and that said seal affixed to the foregoing instrument is the City seal of the City of Clearwater and said instrument is the free act and deed of said City. \VITNESS my hand and offici,,( seal this day of I 1995. Print/Type Name: Notary Public My Commission Expires: p',. . i I I I I I I I I j i I I \ . I l - ;.1': . ,: ' ;. f' , .,' . '. ~ I , . ~:.'.~ ,: '., ,:..\.. I:. STATE OF FLORIDA COUNTY OF HILLSBOROUGH ., The foregoing instrument was acknowledged before me this day of 1995, by Byron \Y.!. Smith) Area President-Florida of GTE Mobilnet of Tampa Incorporatedt a Delaware corporation, on behalf of the corporation. He is personally known to me or has produced as identification and did not'take an oath. ,I ; I Print/Type Name: Notary Public 'i'. My Commission Expires: ~ y- ,-"' ","'" ~ ANTIE[l Directional antenna LPD-7908/4 .. t Radiation~pattern (at mid-band) . '<?i2:::/ . c ..-.-. _-... '. . ,--- ....... '. . ,..::\.:?~:y,. . '\ r..'\... ,"-;::_...L.I.,. -......./"". .""'. : -:~':~:~:'S.~:~~-~'(~. ';'/>.: ....."'-,. ~-... '. ~~~ 2~~~f(>,'~~i~~ .' ........ " ~-. ~.' /~ v::~,S?\~~i~~?' >~. "--" -, ........-- .-.--.... " . . ~ ~~::L:.:: Horizontal . - .. Vertical ......... ....... L .......... __....._ ............. "_.4 ~ __'.. .____.........._ .- _.. -~'-;I:~~':t~:. .:. L' .._. _...__~:::.:. I .. .. ..... ~->_... "';- ...m-J...:.....L...........1 . . ......... , . J .. ... ./0... - __ .__- _.__ ..........T~_~ . '" T 11- r -- .. --------.~ ~_.:_____._~4~ . ._____ :.' . '1'" .;.. ... I Mechanical specifications Length 1200 mm Width 130 mm Depth 640 mm Weight 16 kg Wind Off:;l Wind land ..I SOm/s 0.73 m2 , 140 N Maunlinq Through'lllIf:e pair of clamps to pipe diam. 050-160 null. Weight 8.25 kg. Antennn 1.I,115isling of brass and covered by a fibrr '111,155 radome. ,4._ t _ .._H.......~____ ,,- .~ tOO III J "---' ..- , ,---,- ..-, - -...........-- - 1.0 ...................- no In VSWR ref. to son Electrical specifications Frequency range : 790-960 MHz Impedance ; son Connector : 7/16 or N II VSWR : :::; 1.25:1 Polarisation : Vertical lJ Gain ; 14 dBd 21 Power rating : 500 W 1) Half power angle H-plane E-plane 11 Lobe tilt I) Null fill in Lightning prolection 60<) 130 1.250 5% Direct ground 11 TYPical Vlllue~. :!J POWl!r Rallng limited by connector anll' Improvements and minor changes con be made without notice. " :-- - ~ ., .'/ '\ :~ "~ .l! ~~~ ~~!n ,'a .~, 'iI. '.'~ r~\.~ ~ . -;.'f.J. ::~ '*' ..~. .~.:. ::'1 CIS 230 :.- .....:... < Series IIm.T1 Mlnlcen - AC-Powered Outdoor Uncontrolled Environment I- 28.00 HEAT EXCHANGER CS-PANEl C L .... C l .... 1':; T1 FRONT VIEW , r- ttOO-; Jr=~ J I I 1 ~ I um I Ie=: I c: ;::: ~ "" - SIDE VIEW ....... II...,.. ,., c:l o 0 0 0 D 0 o 0 0 0 = c:l t:::I t:::I FilTERS B1.TTERY REAR VIEW Figure 2. Series Jlm-n Minicell and Series IImm.n Miaocell Primary Cabinet Configurations (Sheet 1 of 6) 8 September 1994 .' a Ii! : ;:~' I ..~":. I " I i .IJ e"\ . I i f)G I i . . .\ ~l ""';1 > \OCO 'r=- tV l Clearwater City Commission Agenda Cover Memorandum 3c , .:J Item II Mooting Dote: 08/03/95 SUBJECT: Clearwater Mall Stormwater Treatment Retrofit Project Interlocal Agreement 1 ! RECOMMENDATION/MOTION: Approve an Interlocal Agreement between the City and the Southwest Florida Water Management 'District for construction of a retrofit stormwater treatment area at Clearwater Mall, ~ and that the appropriate officials be authorlzod to oxecute SDme. BACKGROUND: The Environmental Management Group has been involved in efforts, in conjunction with Clearwater Mall and the Southwest Florida Water Management District (SWFWMD), to construct a retrofit stormwater treatment project on the mall property. The project consists of providing treatment for existing untreated stormwater runoff from approximately 27 acres (40% of the entire mall property) which discharges from the mall property southeast through a 60 inch reinforced concrete storm sewer directly into Old Tampa Bay, an Outstanding Florida Water. The Tampa Ba.y National Estuary Program has identified this area of Old Tampa Bay as exhibiting relatively poor water quality. Untreated urban stormwater runoff containing high concentrations of petroleum products and heavy metals (typical of parking lot drainage) is identified as a significant contributor to the water quality degradation. The agreement consists of the following items and responsibilities: CITY OF CLEARWATER 1. Provide design engineering, construction plans and state and local permitting for construction of an approximately 0.75 acre on-site stormwater retention area to be located at the rear of the mall property. 2. Provide construction contract administration for construction of the proj ect i including preparation of bid documents, award of construction contract, Reviewed by: Legal Budget Purchllsln9 Risk Hgmt. CIS ACH Engineering Originating Oept: Engineering! E Costs: $ 14,500 Total $ 7500 Curront Fiscal Yr. Commission Action: o Approved o Approved w/conditlons o Denied o Continued to: User Dept: Engineering Funding Source: o ClIpl tal Imp. 19 Oporating o Other Attachments: Interlocal AgroeffiCnt Submitted by: &~ Citall~a~ Advertised: Date: ,..rj Paper: ~ Not Roqui red Affected Parties o Not If led ~ Not Requl red Appropriation Code: 419-01366-510100-539-000 & 419-01366'530100-539-000 o None ~ Printed on rocycled paper - 2 - . ~J ~ , f ) I , construction inspections and construction completion certifications. 3. Approve a variance to the overall-mall parking requirements to compensate for any loss of parking spaces associated with this project. [The city Development Code Adjustment Board approved this variance at the April 14, 1994 meeting.] 04. Approve a revision to the Certified Site Plan incorporating the stormwater treatment area. [The Development Review Committee gave preliminary approval to the plan at the February 24, 1994 meeting.] SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT 1. . Provide funds for the construction of the stormwater retention area. [$110,000 has been included for this project in the SWFWMD budget for FY 1994/95. The Pinellas-Anclote Board approved the final funding in June 1994.] CLEARWATER MALL 1. Provide a temporary construction easement for construction of this retention area on mall property. 2. Own the retention area and be responsible for long-term maintenance. 3. Provide a perpetual drainage and access easement to the city for inspections and monitoring. An agreement between the City and Clearwater Mall incorporating these items has been approved by the mall and is presented as a separate agenda item. The exposure from this cooperative project will provide valuable public education that could ultimately lead to other cooperative efforts to bring developments constructed before treatment regulations into compliance with state criteria. The Ci ty Environmental Advisory Board has reviewed and endorsed the plan and agreement at the July 19, 1995 meeting. As is typical of SWFWMD funding agreements, the the City is responsible for the initial payment of project costs, with SWFWMD to reimburse these costs within 30 days. This agreement does not commit the City to any unreimbursable capital expenses, rather lIin-kind" services will be provided through existing operating budgets in the form of personal services and other operating expenses. Existing staff and Engineering Department operating budgets ar~ sufficient for this project in FY 1994/95 and FY 1995/96. The contractor will be selected by bid, with City Commission approval required prior to award of the construction contract. Attached is the Interlocal Agreement as approved by SWFWMD and recommended by staff for Commission endorsement. .1 . I~ - . ~. t .' .' r , Contract No.r}StO",/{JCC'04I . . COOPERATIVE AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND THE CITY OF CLEARWATER TO CONSTRUCT A STORMW A TER RETROFIT PROJECT AT THE CLEARWATER MALL IN PINELLAS COUNTY THIS COOPERATIVE AGREEMENT is entered into this_ day of 1995, by and between the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public corporation created by Chapter 61w691, Laws of Florida, as amended, hereinafter referred to as the "DISTRICT", and the City of Clearwater, a political subdivision of the State of Florida, hereinafter referred to as the "CITyt'. WITNESSETH: WHEREAS, the Florida Water Management Districts, pursuant to Chapter 373, Florida Statutes, have been given the authority and responsibility to promote water conservation, development and proper utilization of surface and ground water resources; and, WHEREAS, the Clearwater Mall, located at the intersection ofStatc Road 60 and U.S. Highway 19 in east-central Pinellas County as shown in Exhibit "A" attached hereto and made part hereof, was constructed prior to the inception of the State's Storm water Rule in 1982, Chapter 17w25 F.A.C., and as such discharges untreated stormwater runoffdirectIy into Tampa Bay; and, WHEREAS, Tampa Bay has been identified as an Outstanding Florida Water by the Florida Department of Environmental Protection, and is the number one priority waterbody of the DISTlUCT's Surface Water Improvement and Management (S.W.I.M.) program; and, WHEREAS, the CITY has requested the DISTRICT's assistance in funding the construction of a stormwater treatment facility to retrofit approximately 27 acres of mall property~ hereinafter referred to as the npROJECT"; and, WHEREAS~ the CITY will be responsible for acquiring the necessary land interests from the mall owner to construct, operate and maintain the PROJECT; and, WHEREAS~ the DISTRICT and CITY have reached an understanding as to the relationship and obligations each party shall have with regard to accomplishing the PROJECT, and hereby desire to reduce said understanding to this written Cooperative Agreement (Agreement). 'IIlllf. 11 Contract No. q5't()A/IJ!JOO~1 NOW. THEREFORE, in consideration of the premiscs and the mutual covenants, conditions and terms set forth herein, the DISTRlCT and CITY hereby mutually agree as follows: 1 M SCOPE OF WQ.RK The CITY shall furnish services as required to accomplish the PROJECT in accordance with the Scope of Work set forth in Exhibit llA" attached hercto and incorporated by reference herein. Any changes to the Scope of Work shall be mutually agreed to in writing prior to being performed by the CITY. I I i I II i I I i ! i I 1 j 2 - PRO.TEeT MANAGER The DISTRICT and the CITY shall each designate an employee or, other lawful representative, as Project Manager for purposes of maintaining coordination and review of the PROJECT. Each party's PROJECT Manager shall have sole and complete responsibility to transmit instructions, receive information, interpret and communicate policies and decisions with respect to all matters pertinent to this Agreement. 3 - COMPLIANCE WITH DISTRICT RULES & REGULATIONS Coincident with PROJECT's design, the CITY and/or its design consultant shall meet with DISTRICT regulatory staff to review the PROJECT's design to ensure the PROJECT will comply with all applicable DISTRICT rules and regulations. Prior to PROJECT implementation permitting approval shall be obtained. 4 - PERMITS The CITY shall obtain sufficient land intere~ts from the mall owner in the form of a perpetual conservation and/or drainage easement to allow for the initial const.:uction and the subsequent operation and maintenance of the proposed PROJECT. The CITY shall act as the applicant of all pemlit applications required for the PROJECT and shall be responsible for all applicable permit application fees. 5 M DISTRICT RECOGNITION The CITY shall recognize DISTRICT funding, and if applicable Basin Board funding, in any reports. models, studies, maps or other documents resulting from this Agreement, and the fonn of said recognition shall be subject to DISTRICT approval. If construction is involved, the CITY shall provide signage at the PROJECT site that recognizes funding for this PROJECT provided by the DISTRICT, and if applicable the Basin Board(s). All signage must meet with DISTRICT written approval as to form, content and location, and must be in accordance with local sign ordinances. 6 - FUNDING The DISTIUCT shall fund an amount not to exceed one-hundred ten-thousand dollars ($110,000) for the actual construction of the PROJECT. In the event the total cost for the construction of the PROJECT exceeds one-hundred ten-thousand dollars ($110,000), the balance of the PROJECTs construction costs shall be funded by the CITY. Funding by the DISTRICT is contingent upon funds being budgeted for the PROJECT by the DISTRICT Governing Board and the Florida Department of Environmental Protection. The CITY shall be Page 2 of 5 ~ - ':." Contract No.Q5t.ONfXXtJl/ , responsible for all costs associated with the design, permitting, construction advertisement, construction administration, operation and maintenance of the PROJECT. The CITY shall be the lead party to this Agreement and shall be responsible for paying PROJECT costs to prior requesting payment from the DISTRICT. The DISTRICT shall reimburse the CITY for its share of the PROJECT construction costs properly incurred by the CITY in accordance with this Agreement and clearly set forth in invoices which are supported with the appropriate documentation. Payment will be made to the CITY within thirty (30) days of receipt of a properly documented invoice. Invoices may be submitted monthly by the CITY to the DISTRICT at the following address: Accounts Payable Section Southwest Florida Water Management District P.O. Box 1166 Brooksville, Florida 34605-1166 7 - TERM OF AGREEMENT This Agreement shall commence upon execution by both parties and shall r:main in effect for three (3) years thereafter unless terminated earlier or extended by mutual written agreement by both parties. 8 - PRO.IECT RECORDS AND DOCUMENTS The CITY shall, upon request, permit the DISTRICT to examine or audit all project records, books, documents and papers during or following completion of the PROJECT. The CITY shall maintain the records, books, documents and papers for at least three (3) years following completion of the PROJECT. 9 - OWNERSHIP OF MATERIALS Unless otherwise mutually agreed in writing, the DISTRICT shall have ownership of aU materials, products and documents produced pursuant to this agreement. 10 - REPORTING The CITY shall provide the DISTRICT with copies of aU reports, models, studies, maps or other documents resulting from the PROJECT. 11 - TERMINATION This Agreement may be terminated by the DISTRICT without cause upon fifteen (15) calendar days written notice to the CITY. Termination shall be effective upon the fifteenth (l5th) day after the CITY's receipt of said notice. In the event of such termination the CITY shall be entitled to compensation for all services reasonably and properly incurred to the date of termination. The CITY shall take all reasonable steps to avoid incurring any PROJECT costs subsequent to receiving notice of termination. 12 - RELEASE OF INFORMA'flON The CITY shall not conduct any verbal or written media interviews or issue press releases on or about the PROJECT without prior written approval from the DISTRICT, which shall not be unreasonably withheld. Page 3 of 5 .. :\ : I., < ,.. . . .", . Contract NO'~L,{)rJlX:a:J/l 13. ASSIGNMENT Neither the DISTRICT nor the CITY may assign or transfer its rights or obligations under this Agreement without prior written consent of the other party. ,. j J.4. SUBCONTRACTORS Unless specifically authorized in this Agreement, the CITY may not subcontract any portion ofthis Agreement without prior written consent of the DISTRICT. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and the DISTRICT. 15 - NOTICES All written notices to the DISTRICT and CITY under this Agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to the addresses noted below; ;DIS1RICT Michael L. Holtkamp, P.E. SWIM Department Southwest Florida Water Management District 7601 Highway 301, North Tampa, Florida 33637 . \ CITY Michael D. Quillen, P.E. City of Clearwater Engineering DepartmenVEnvironmental Management P. O. Box 4748 Cleanvater, Florida 34618 16 - THIRD PARTY BENEFICIARIES Nothing in this Agreement shall be construed to benefit any person or entity not a party to this Agreement. 17 - MODIFICATIONS This Agreement constitutes the entire agreement between the parties and may be amended only by a written mutual agreement specifically referencing this Agreement and signed by aLL parties hereto. . Pngc 4 of 5 " . ~~\""".~.~ -. T \I q5 t{)N{){)(XJ~ I IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have executed this Agreement as of the date first above written. Signed sealed and delivered in the presence of: Witness COUNTERSIGNED: Rita Garvey Mayor - Commissioner Approved as to form and legal sufficiency City Attorney's Office SWIM Dept. Legal Finance R;s/(Mgt. ~ .' f'a{? ,f,:4~ ~~$ ~- ., ch _,p:-_ ~wlY:_' Y SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT By: Peter G. Hubbell, Executive Director Federal 1D#: 59-0965067 \' CITY OF CLEARWATER I , I I By: Elizabeth Deptula City Manager A TrEST: By: Cynthia E. Goudeau Date: Federal 1D#: 59- (seal) Page 5 of 5 , . CJ5t.'DrlOOlYJlJ I EXHIBIT "At! SCOPE OF WORK I. PROJECT LANDS , I' I The CITY shall obtain a perpetual drainage easement and/or conservation easement from the mall owner, Plaza Properties of America, Inc. covering the lands on which the PROJECT is to be located, including access to the PROJECT site, to ensure the PROJECT lands will always be used for the purpose intended under this Agreement. II. PHASE I - DESIGN AND PERMITTING A. Field Investigations: The CITY shall perform all necessary field survey and geotechnical work needed to prepare and evaluate alternative design concepts for the PROJECT. As requested, the CITY shall furnish the DISTRICT with copies offield survey data and geotechnical reports. B. Conceptual Design Phase: The CITY shall evaluate alternative design concepts for the PROJECT with the intent of optimizing treatment efficiency. A sand filtration system will not be allowed based on the Florida Department of Environmental Protection's prior review comments on the PROJECT. The CITY shall estimate pollutant load reductions to Tampa Bay that could be expected of from each of the alternative design concepts examined. The CITY shall summarize the alternative design concepts evaluated in the form a letter report and submit it to the DISTRICT for review and comment. CITY staff shall meet with DISTRICT staff to review the alternative design concepts examined by the CITY and to select a preferred conceptual design. c. Final Design Phase: The CITY shall be responsible for preparing detailed construction plans and construction documents for the PROJECT based on the approved conceptual design. As applicable, the DISTRICT shall be provided with copies of all interim work products (e.g., 30%, 60%, and 90% submittals) for review and comment. Work shall not resume on the final design of the PROJECT until the DISTRICTs review comments have been satisfactorily addressed and the DISTRICT's Project Manager has provided written approval to proceed with the next phase of design. DISTRICT review comments andlor approvals shall be made in a timely and reasonable manner so as not to compromise the ability of the CITY to meet the deadlines imposed in this Agreement. Upon completion and acceptance of the final design by the DISTRICT and CITY, the CITY shall furnish the DISTRICT with a complete set of mylar reproducible drawings for the PROJECT which document As-Built construction. D. Project Coordination: The CITY shall keep the DISTRICT advised at all times during the final design and permitting process and shall copy the DISTRICTs Project Manager on all PROJECT related correspondence. Exltihit "A" - Scope of JPork - Page J :r/p~'.. > . . q 5CONOOCOt/1 E. Compliance with DISTRICT Rules and Regulations: Upon the completion of the conceptual design phase of the PROJECT~ the CITY shall schedulc a pre~application meeting with DISTRICT regulatory staff to confirm the PROJECT's design will be in compliance with DISTRICT rules and regulations. The PROJECT must be designed to be in compliance with DISTRICT rules and regulations or the DISTRICT shall not be responsible for any payment under this Agreement. F. Permitting and Permit Fees: The CITY shall prepare and act as the applicant on all applicable environmental and construction permit applications needed for the PROJECT and shall be responsible for all permit fees. Any city or county building~ site clearing, work in right~of-way, or other city or county-issued permit will be the responsibility of the CITY. G. Design and Permitting Phase Schedule: The construction plans and contract documents (Le., bid documents) for the PROJECT shall be substantially complete, and all environmental and construction permit applications shall have submitted, within one (l) year from the execution date of this Agreement. The construction plans and contract documents shall be one hundred percent (100%) complete within thirty (30) calendar days from the receipt of all environmental permits for the PROJECT. This time frame may be extended if mutually agreed to, in writing, by both parties. III. PHASE 1I- CONSTRUCTION A. Contractor Sclcction: The CITY shall engage "the services of a general contractor, hereinafter referred to as the "CONTRACTOR", through a competitive bid process to construct the PROJECT based on the approved final design. The selected CONTRACTOR must meet with DISTRICT approval. Nothing contained herein shall create any obligation on the part of the DISTRICT to defend any challenge brought by any offeror regarding the selection of the CONTRACTOR. "I 1 B. Approval of Bid Documents: All construction bid documents require written DISTRICT approval prior to advertisement. DISTRICT review comments and approval of the construction bid documents shall be made in a timely and reasonable manner so as not to compromise the ability of the CITY to meet the deadlines imposed in this Agreement. C. Contract Administration: The CITY shall be responsible for all contract administration and shall perform all necessary construction management services to ensure the PROJECT is constructed in accordance with the approved final design and in conformance with all environmental permits issued for the PROJECT. These services shall include, but are not limited to: construction advertisement, receipt and evaluation of bidst contract award, establishment of cOJistruction survey control, on~site construction inspection and supervision, preparation of as-built Record drawings, and the submittal of all required permit certifications upon the completion of construction. DISTRICT staff Exhibit "A " - Scope of Work - Page 2 ';(hl':" ~'.~ ~ . . IV. CJ5CO/iJOOOOIII may participate with CITY staff in site inspections during the construction phase. The contract between the CITY and the CONTRACTOR shall require a Performance, Payment and Guarantee Bond and the CONTRACTOR's comprehensive liability insurance shall name the DISTRICT and CITY as an additional insured. D. Construction Phase Schedule: The CITY shall advertise the construction contract for the PROJECT within ninety (90) calendar days from the receipt of all environmental permits, and shall compLete all construction within one (1) year from the issuance of the Notice to Proceed to the CONTRACTOR. This time frame may be extended if mutually agreed to, in writing, by both parties. I)HASE III - OPERATION AND MAINTENANCEIPOSTMCONSTRUCTION MONITORING A. Operation and Maintenance: The CITY shall be responsible for the perpetual operation and maintenance of the completed PROJECT facilities to maintain the PROJECT's aesthetics, ensure the proper hydraulic operation of the PROJECT, and to conform to all the conditions specified in the environmental permits issued for the PROJECT. The maintenance of the PROJECT shall include the mowing of the PROJECT's grassed areas. The standards and criteria contained in the Basis of Review adopted by reference in Rule 40D-4.091(1) F.A.C. shall apply to the operation and maintenance of the PROJECT to provide reasonable assurance the PROJECT will meet the conditions for the issuance of permits described in Rule 40DM4.30 1 (1). The CITY shall be identified as the entity responsible for all operation, maintenance, and permit monitoring requirements in all permit applications for the PROJECT. Operation and maintenance activities shall include, but are not necessarily limited to: removal of undesirable and/or exotic plant species including cattails, water hyacinths, and Brazilian Pepper, or as may be specified in the environmental permits for the PROJECT; the cleaning of bleed-down devices and/or filter systems, if any; and, the cleaning of sediment traps, if any. B. PostMConstruction Monitoring: The CITY shall be responsible for all post- construction monitoring requirements that may be identified in the general nnd specific conditions of the Management and Storage of Surface Waters (Part 4) permit nnd/or the Dredge and Fill permits issued for the PROJECT Q.[ Environmental Resource Permit (ERP), as may be applicable. ;1 ,I Exhibit '~" - Scope of 1York - Page 3 ~~ . . '. ~ -6. rJ ~ Clearwater City Commission Agenda Cover Memorandum 3G Item t# Meeting Dote: ~~ SUBJECT: Clearwater Mall Stormwater Treatment Retrofit Project Easement and Maintenance Agreement RECOMMENDATION/MOTION: Approve an Easement and Maintenance Agreement between the oity and Holland Westshore, Inc. for construction of a retrofit stormwater treatment area at Clearwater Mall, ~ and that the appropriate officials be authorized to execute some. BACKGROUND: This is the companion agreement to the Interlocal Agreement between the City and the Southwest Florida Water Management District for construction of the subject project. This agreement formalizes the responsibilities of the city and Holland Westshore, including provisions for maintenance and establishment of access and drainage easements. The Mall will be responsible for routine maintenance of the stormwater treatment area in perpetuity, while the city will be responsible for post construction monitoring clnd reporting as required by the permitting agencies. The Environmental Advisory Board has reviewed this project and agreement and endorsed both at the July 19, 1995 meeting. Attached is the Easement and Maintenance Agreement as approved by Holland Westshore, Inc. and recommended by staff for commission endorsement. I I , , 1 I i ~ '~ 'i Reviewed by: legal Budget Purchasing Risk Mgmt CIS ACM Engineering /?l.,f- ~ ~ Originating Dcpt: Englneorlngl E N/A Total Commission Action: o Approved o Approved w/conditions o Denied o continued to: '1 .l User Dcpt: Engine Current Fiscal Yr. '( " ,; (' "0 Advertised: Dote: Paper: ~ Not Requl red Affected Parties o Notified ~ Not Requ I red Funding Source: o Capi tal I!ll). o I operating o Other .' :l Attachments: Easement and Maintenance Agreement Submitted by: Clt ana~ Appropriation Code: o None ~ Printed on recycled paper :~~~"c.~~ ,.. ',. . . . ~ COOPERATIVE EASEMENT AND 1\'IAINTENANCE AGREEMENT BET\VEEN THE CITY OF CLEAR\VATER AND HOLLAND WESTSHORE, INC., AS TRUSTEE, TO CONSTRUCT, OI'ERA TE AND MAINTAIN A STORM'V A TER RETROFIT PROJECT AT THE CLEARWATER IHALL IN CLEARWATER, FLORIDA THIS COOPERATIVE AGREEMENT is entered into this _ day of 1995, by and between the City of Clearwater, a political subdivision of the State of Florida, hereinafter referred to as the "CITY", and Holland Westshore, Inc., a Delaware corporation, as successor trUstee under the provisions of a certain trust agreement dated September 30, 1992, and known as the Clearwater Trust, dated 09/30/92, whose address is 4350 LaJolla Village Drive, Suite 440, San Diego, California 92122, d/b/a Clearwater Mall, hereafter referred to as "HOLLAND. II \VITNESSETH: WHEREAS, the CITY, pursuant to Chapter 32, Article X, Clearwater Code of Ordinances, has been given the authority and responsibility to protect the surface waters within the city; and, WHEREAS, the Clearwater MalI, located at the southeast corner of the intersection of State Road 60 and U.S, 19 in Clcarwuter tmd described in the legal description attached hereto as Exhibit II A II and made part hereof, was constructed prior to the inception of the State of Ftoridats Stonnwaler Rule in 1982, Chapter 17-25 F.A.C., and the City of Clearwater's Design Criteria for Stonn Drainage adopted in September 1991, Section 42.33 Clearwater Code of Ordinances, and as such discharges untreated stormwmer runoff directly into Tampa Bay; and, WHEREAS, Tampa Bay has been identified as an Outstanding Florida Water by the Florida Department of Environmental Protection, and is the number one priority waterbody of the Southwest Florida Water Management District's (SWFWMD) Surface Water Improvement nnd Management (S.W.I.M.) program; and, This document prepared by and rctlll'n to: ~ " ~ 1 Robert L. Barnes, .J r., Esquire Tcw, Zinobcr, Barnes, Zhnmet & Unice P.O. nox 5124 Clearwater, FL 34618 " :1 .' - WHEREAS~ the CITY has received a funding commitment from the SWFWMD for construction of a stonnwater treatment facility to retrofit approximately 27 acres of the Clearwater Mall property, hereinafter referred to as the lIProjectll; and,WHEREAS~ the CITY is responsible for acquiring the necessary land interests from HOLLAND to construct, operate and maintain the Project; and, WHEREAS, the CITY and HOLLAND have reached an understanding as to the relationship and obligations each party shall have with regard to accomplishing the Project, and hereby desire to reduce said understanding to this written Cooperative Easement and Maintenance Agreement (the t1Agreementll). NOW t THEREFORE, in consideration of the premises and the mutual covenants, conditions and terms set forth herein, the CITY and HOLLAND hereby murnally agree as follows: 1- SCOPE OF WORK. The CITY shall be responsible for obtaining all geotechnical and field survey work; design of the stonnwater treatment facility; preparation of construction plans and specifications for demolition of the existing structure~ construction of the stonnwater treatment facility and installation of landscaping; state and local permitting; preparation of bid packages; contractor selection; construction administration; and post construction monitoring and reporting for the Project. HOLLAND shall be responsible for the pennanent maintenance of the stonnwater treatment facility. These responsibilities shall include, but are not necessarily limited to: removal of undesirable and/or exotic plant species such as cattailst water hyacinths and brazilian pepper; cleaning debris and sediment deposits from the outfall control structure, inlet pipe(s), stonn inlets, bleed down devices, etc.; removing accumulated sediment from the retention area; repair of side slope erosion; controlling vegetation within the retention area to assure that the storage volume and flow capacity is not impaired; scarification of the retention area bottom to assure percolation; and other maintenance as may be required by permits issued for the Project. 2.- PROJECT SITE. The parcel of land on which the Project will be located is described in Exhibit liB" attached hereto. 3.- EASEIWENT. As a part of this Agreement, HOLLAND hereby grants the CITY a perpernal, non-exclusive drainage easement covering the land on which the Project is to be located (as described in Exhibit "BII attached hereto). In addition, HOLLAND hereby grants the CITY a temporary construction easement giving the CITY and its agents reasonable access to the Project site to allow for the construction of the Project. Upon completion of the Project, said temporary construction easement automatically shall tenninate. Thereafter, the CITY shall have a perpetualt non-exclusive easement over the property described in Exhibit "All hereto for the following, limited purposes: (a) to provide the CITY and its agents with ingress and egress to the Project for the purposes described hereafter; (b) to -2- . . . allow the CITY to perform all post-construction monitoring and reporting required by any and all permits issued for the Project; and (c) to perfoon any maintenance work agreed to by the parties and to make any repairs that may be needed. Notwithstanding the above, and except in the event of an emergency, the CITY shall not be pennitted access to the Clearwater Mall property for purposes of making improvements (including the initial construction) during the months of November and December. or on weekends (in any month), such restricted times being the Mall's peak business times. No physical modifications shall be made to the stormwater treatment facility. except as provided in this Agreement, unless approved in writing by the CITY, by HOLLAND, and by any other Federal or State authorities having jurisdiction over the Project. 4.w COI\'TRACTOR. The CITY shall engage the services of a general contractor through a competitive bid process to construct the Project. Nothing contained herein shall create any obligation on the part of HOLLAND to defend any challenge brought by any offerer regarding selection of the contractor. The contract between the CITY and the contractor shall require a Performance, Payment and Guarantee Bond and the contractor's comprehensive liability insurance shall name the SWF\VMD. the CITY and HOLLAND as additional insureds. 5.- COI\1PLIANCE \VITH HOLLAND REOUlREMENTS. Coincident with the Project's design, the CITY shall meet with HOLLAND staff to review the Project's design to ensure the Project will comply with all applicable HOLLAND requirements. Thereafter, no material changer. to the design shall be made without HOLLAND's written consent, which consent shall not unreasonably be withheld. 6.~ PERMITS. The CITY shall act as the applicant of all permit applications required for the Project and shall be responsible for all applicable permit application fees. 7.- FUNDING. Although the CITY contemplates that the cost of construction of the Project will be reimbursed to the City by the SWFWMD, the CITY nevertheless shall be responsible for all costs associated with the design, permitting, construction advertisement and construction administration of the Project. The CITY shall be responsible for all post- construction monitoring and reporting that may be identified in applicable permit(s) issued for the Project. S.w REPORTING. The CITY shall provide HOLLAND with copies of all reports, models, studies, maps, construction and as-built plans and other documents resulting from the Project. 9.- TERMINATION. This Agreement may be terminated upon mutual agreement of the parties in writing. at which time all easements granted herein automatically shall terminate. -3- ,', ~ . ,. ~''''''''' , 10.- RELEASE OF INFORMATION. The CITY shall not conduct any verbal or written media interviews or issue press releases on or about the Project without prior approval from HOLLAND. ~. 11.- NOTICES AU written notices to the CITY and HOLLAND under this Agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to the addresses noted below: CITY Michael D. Quillen, P. E. City of Clearwater Engineering Department/Environmental Management P.O. Box 4748 Clearwater, Florida 34618-4748 HOLLAND ,. . I David J. Hirsch, Esquire Vice President and General Counsel Plaza Properties of America, Inc. 4350 La Jolla Village Drive Suite 440 San Diego, CA 92122-1233 With a required copy to: Robert L. Barnes, Jrq Esquire Tew, Zinober, Barnes, Zimmet & Unice 2655 McCormick Drive Clearwater, Florida 34619 12.~ THIRD PARTY BENEFICIARffiS. Nothing in this Agreement shall be construed to benefit any person or entity not a party to this Agreement. 13.- MODIFICATIONS. This Agreement constitutes the entire agreement between the parties and may be amended only by a written mutual agreement specifically referencing this Agreement and signed by all parties hereto. -4- . ,. L.. . ~Jo"f_~ 14.- INDEMNIFICATION. The CITY hereby indemnifies and holds harmless HOLLAND for any damages or liabilities incurred by HOLLAND (including legal fees) resulting from negligent and/or faulty design, construction~ operation, or repair, of the Project, provided, however~ that the maximum sum for which the CITY shall be exposed to liability in this paragraph 14 shall not exceed those sums of money permissible under and by the terms of Section 768.28, Plorida Statutes plus any excess liability insurance coverage purchased by the CITY. 15.- ATTORNEYS' FEES. Should either party employ an attorney or attorneys to enforce any of the provisions hereof, or to protect its interest in any matter arising under this Agreement, or to recover damages for the breach of this Agreement, the party prevailing shall be entitled to recover from the other party" all reasonable costs, charges and expenses~ including attorneys' fees, expended or incurred in connection therewith. 16.- RIGHTS OF OTHERS. The grants contained herein are subject to the rights, if any, of Clearwater Mall tenants and any financial institution (now existing or existing in the future) that has a mortgage interest in the Clearwater Mall property. IN WITNESS WHEREOF, the parties hereto. or their lawful representatives~ have executed thi,s Agreement as of the date first above written. Signed sealed and delivered in the presence of: CITY OF CLEARWATER, FLORIDA By: Elizabeth Deptula City Manager Rita Garvey Mayor-Commissioner Approved as to form and legal sufficiency ATTEST: City Attorney's Office By: Cynthia E. Goudeau Date: ~5- ,'." ..~ ",.....'. '. . HOLLAND WESTSHORE, INC., a Delaware corporation, as successor trustee under the provisions of a certain trust agreement dated September 30. 1992, and known as the Clearwater Trust, dated 09/03/92, dlbla Clearwater Mall Signed, sealed and delivered in the presence of: Signature of Witness #1 By: Its: Typed or printed name of Witness #1 Attest: Its: I. Signature of Witness #2 Typed or printed name of Witness #2 STATE OF FLOlUDA COUNTY OF PINELLAS I I I I .\ I i I I ! The foregoing instrument was acknowledged before me this day of , 1995. by Elizabeth Deptula, as City Manager, and Rita Garvey, as Mayor-Commissioner of the City of Clearwater, Florida, a political subdivision of the State of Florida corporation, on behalf of the City. Helshe is personally known to me or has produced (type of identification) as identification. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped (NOTARY SEAL) Notary Public, State of Notarial Serial Number -6- I . i';~.:,...,.,..,. \". ",,- . '. . '11" , . . STATE OF COUNTY OF day of , as , of HOLLAND WESTSHORE, INC., a Delaware corporation, as successor trustee under the provisions of a certain trust agreement dated September 30, 1992, and known as the Clearwater Trust, dated 09/30/92, d/b/a Clearwater Mall, on behalf of the corporation. He/she is personally known to me or has produced (type of identification) as identification. The foregoing instrument was acknowledged before me this , 1995, by Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or ;, . Stamped (NOTARY SEAL) Notary Public, State of Notarial Serial Number #58198.2 .7- I ! I I 1 , : ; I i .' ~ ., , '" .... eo. ,~ . ~. ..' . +'T . C '. "iill EXHIBIT A - . . LEGAL DESCRIPTION From the'Southwest corner of Section 17, Township 29 S.; Range 16 E. ron S. 88- 57' 0211 E. along the Southerly line ,of said Section 17: 100.00 feet; thence run N. 1- 03' 04" E. ;along ~he Easterly right-of-way line of State Road 55 ~U.S. Highway 19) and parallel to the Westerly 1 ine of said Section 17, 860.00 feet; thence run S. ,88- 571 02" E. 100.00 feet for a Point of Beginniog;' th~nce run.N. 1- OZ' 58" E. along the Easterly ri ght-of-way line'!Jf State Road 55 as per deed recorded in O.R. Book 3476, Page 925, Public Records of Pinellas County, Florida 6.00 feet; thence run 'N. 88- 57' 0211 W. along said right-oF-way 1 ioe' 24.49 feet; thence run N. 4S- 20' 20" W. along said right-of-way line 39.95 feet; thence run N. S- .561 5611 W. along said right-of-way line 182.08 feet; thence run' Northwesterly al'ong said right-of-way line on a curve to the right of 755.94 feet radius (chord bearing N. 3- 56' 56" W., chord distance 131~77 feet) 131.94 feet; thence run N. 1- 031 04" E. along said right-of-way line 495.89 feet;' ,thence run N. O. ~28' 32" E. along said right-of-way line,200.00 feet; thence run N. 1-, 03' 0411 ~. along said right-of-way line (sai~ line bei ng parall el 'to and 100.07 feet Easterly of the Westerly 1 i ne of said Section 17): 573.94 feet; thence run N. 3- 201 30" E. along said right-oF-way line 50.04 feet; thence run N. 11- IS' 18" E. along said right-oF-way 1 ine 23.05 feet; thence run N. 45- 241 32" E. along the right-of-way line at the Southeasterly corner of the intersection of 'said State Road 55 and State Road 60 (Gulf-to-Bay Blvd.) 119.90 feet; thence run N. 89-: 46' 0111 E. along the Southerly right-of-way 1 ine of State Road 60 (said line being 60 feet Southerly of and parallel to the East-West center line of said Section 17) 1603.41 feet; thence run S. 0- 21' 26" W. along the Westerly line of Lot 1 of Resub of Baskin's Replat (see Plat ~ook 24, Page 42, Public Records of Pinellas County, Florida) 459.02 Feet; thence run N. 89- 46' 14" E. 386.64 feet; thence run N. 0- 13' 59" w. 70.79 feet to the' Southeas terly corner 0 f sa i d Lot 1 of Resub of Baskin's Replat; thence run S. 39- aI' 0611 E. 487.42 ,fe~t; thence run S. 50- 58' 5411 W. 678.25 feet; thence run S. 43- 11' '54" E. 65.23 feet; thence run S. 36. 29' 07" W. 439.88 feet; thence run N. 53- 30' 53" W. 550.00 feet; thence run S. 36- 29' 07" W. 652.05 fe~t; thence run ~. 8S- 57' 0211 W. 742.58 feet to the P.O.B. . ,j LESS AND EXCEPT the following described portion thereof: , 1 ' . From the Northeast corner of the NW 1/4 of the SW 1/4 of Section 17, I Township 29. S.. Range 16 E.. run S. 0- 23' .'02" W. ;along the 40 acre line 60.00 feet; thence run N. 89- 46' 01" E. along the Southerly right~of-way line of State Road 60 (Gulf-to-Bay Blvd.) 115.00 feet for a Point of Beginning; thence run S. 0- 21' 26" W. along the Westerly line of Lot 1 of Resub of Baskin1s Replat (see Plat Book 24. ,Page 42. I Public Records of Pinellas County, Florida), 529.81 feet; thence run I N. 69- 41' 4611 E. along the Southerly line of said Lot 1. 68.00 feet; thence run S. 39-125' 1211 E. 452.93 feet; thence run S. 32- 43' 49" E. 80 feet; thence r,un S. 35- 12' 3911 W. 93.74 feet; thence run S. 50., 58' 54" W. 270.64 feet; thence run N. 53- 30', '53" W.,..443,.76 feet;' thence run N. 8S.1561 56" W. 194.61 feet; thenc~'~~~~;~~.~,jl~U~9:,I'iio~~;~;~;1 631.37 feet; thence run N. 89- 46It.~01~ E.....3~,l.f_Oif~:.~;~~tJ$nce ru,~ N.~. O. 21' 2611 E. 270.00 feet; thence run N. :.89:i:J;19.)if.Q.~.~E'~~4.0~.OO...feet .,t~ the P.O.B. .. ,'. .,-"-~-'._"""- I ' ''''.'- -tN3 Clearwater City Commission 3 r1 Agenda Cover Memorandum I I tern II Meeting Date: 08/03/95 4 f I , SUBJECT: AlIens Creek Experimental Water Quality Treatment Demonstration Project Interlocal Agreement RECOMMENDATION/MOTION: Approve the Interlocal Agreement between the City and the Southwest Florida Water Management District, and approve City related expenditures in the amount of $150,000, for construction of an experimental water quality treatment project at Clearwater High School, ~ and that the appropriate officials be authorized to execute same. BACKGROUND: This project is located adjacent to AlIens Creek between Gulf to Bay Boulevard and Druid Road, behind Clearwater High school on pinellas County School Board. property. Watershed planning efforts in the AlIens Creek basin, required by the City Comprehensive Plan, have determined that water quality in the freshwater portions of the Creek are impaired. The Creek exhibits high levels of nutrients, erosion and sedimentation, as well as low dissolved oxygen levels. The apparent cause is related to untreated stormwater runoff in the basin. In keeping with the recommended intent of the AlIens Creek Watershed Management Plan to install water quality improvements within the basin, this project was initiated. The proposed project components include: (1) Construction of three off-line stormwater treatment areas which will treat runoff from approximately 100 acres adjacent to and including Gulf to Bay Boulevard from Glenwood Avenue to just east of Hercules Avenue. (2) Different treatment methods will be employed in each of the ponds (e.g. various types and combinations of plants and filtration). Inflows and outflows will be sampled by Clearwater High School students, and the effectiveness of the various treatment methods will be evaluated by the students and reported to city staff. ~_. ~ Reviewed by: Originating Dept: Costs: S 150.000 Commission Action: Legal F.lN...L Engineering/ EnVlronm;y/}~ Totol 0 Approved Budget ilf= It /... $ 0 0 Approved w/conditions Purchasing I J Current Fiscal Yr. 0 Denied Risk Hgmt. User Dept: 0 CIS '- Continued to: Engineering Funding Source: ACH +f== Eng\neeril'lg ll!l Cllpi tal Imp. 0 Operating Attachments: Advertised: 0 Dote: Other Interlocal Agreement Poper: School Boord I:i2 Not Required letter of support Submitted by: Affected Parties Appropriation Code: City~~ 0 Notified . 315-96103-561200-539-000 0 None ~ Not Required ~ Printed on recycled paper I' .~... - 2 - (3) Clearwater High School will develop a curriculum for students to assist in the sampling, monitoring and reporting efforts. (4) The project site will be available for use by public groups which are interested in pollution control techniques. The agreement consists of the following items and responsibilities: CITY OF CLEARWATER 1. Engage the professional services of an engineering and environmental consulting firm to provide design engineering, construction plans and state and local permitting for construction of the project. 2. Provide construction contract administration for construction of the proj ect; including preparation of bid documents, award of construction contract, construction inspections and construction completion certifications. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT 1. Provide a 50/50 match of funds for the design and construction of the project. [$150,000 has been included for this project in the SWFWMD budget for FY 1994/95. The Pinellas-Anclote Board approved the final funding in June 1994.] Pinellas County Schools supports this project (letter attached), and an agreement between the City and the. Pinellas County school Board is being, prepared for Commission approval in September 1995. This agreement is being brought forward in advance of the agreement with the School Board in order to encumber the state funding. The total project cost is $300,000 to be paid by the City; of which 50%, or $150,000, will be reimbursed by SWFWMD (typical of SWFWMD funding agreements). Funding in the amount of $150,000 is available in the Capital Improvement project 315-96103, Stormwater Quality Improvements/ Property Purchases for this project. The consultant will be selected by a selective bid process, with City Commission approval required prior to award of the contract. This project is included in the Environmental Management Group Five Year Plan which received Commission endorsement in June 1995. The City Environmental Advisory Board has reviewed and endorsed the plan and agreement at the July 19, 1995 meeting. Attached is the Interlocal Agreement as approved by SWFWMD and recommended by staff for Commission approval. .. Contract No. COOEERATlVE AGREEMENT AMONG THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT CITY OF CLEARWATER FOR THE DESIGN AND CONSTRUCTION OF AN EXPERIMENTAL/EDUCATIONAL POND PROJECT AT DRUID ROAD AND ALLEN'S CREEK THIS COOPERATIVE AGREEMENT is entered into this day of ,19 , by and between the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public corporation created by Chapter 61-691, Laws of Florida, as amended, for itself and on behalf of the Pinellas-Anclote River Basin Board, hereinafter collectively referred to as the t1DISTRICT, II and the CI't'Y OF CLEARWATER, hereinafter referred to as "CLRARWATER,II political subdivisions of the State of Florida. / WITNESSETH: I- WHEREAS, the Allen's Creek watershed is contained within portions of the City of Clearwater and the unincorporated part of Pinellas County, hereinafter referred to as the "WATERSHED", encompassing approximately Forty Nine Hundred (4900) acres, and contains a one (1) acre site near Druid Road and Arcturas Avenue proposed for the construction of an experimental and educational surface' ,water management facility hereinafter referred to as the uPROJECTjtl and WHEREAS, CLEARWATER has requested the DISTRICT'S assistance in the design and implementation of the PROJECT; and WHEREAS, the DISTRICT, through the cooperative funding program of the Pinellas-Anclote River Basin Board, has agreed to participate on a 50/50 cost share basis with CLEARWATER; and WHEREAS, CLEARWATER will be responsible for acquiring the necessary land interests to construct, operate and maintain the PROJECT; and WHEREAS, the parties hereto have reached an understanding for CLEARWATER to engage the professional services of a full service Engineering and Environmental Consulting firm; hereinafter referred to as the ItCONSULTANT," to perform the design and permitting for the PROJECT, to engage the service of a construction firm, hereinafter referred to as the II CONTRACTOR, II to construct the PROJECT, that the DISTRICT provide. specific in-kind services for the PROJECT as listed hereafter, and that CLEARWATER provide specific in-kind services for the PROJECT as listed hereafter. NOW, THEREFORE, in consideration of the premises and the mutual covenants, conditions and terms set forth herein, the DISTRICT and CLEARWATER hereby mutually agree as follows: Page 1 't.. Contract No. 1 - SCOPE OF WORK. 1.1 CLEARWATER and DISTRICT shall jointly prepare the Reauest for Proposal (RFP) and Scope of Work for the service-s to be performed by the CONSULTANT. The Scope of Work will detail the objectives of the PROJECT which include but are not limited to: A) Management of surface water runoff to Allen's Creek, including attenuation of in-stream peak flow rates. B) Biological treatment of surface runoff including implementation of Best Management Practices to collect and reduce stormwater pollutants. C) Provision of an educational opportunity for the general public. and students, in particular, by demonstrating methods of surface water management, water quality improvement, and enhancement of plant and wildlife habitat. ( ) Both the RFP and the final Scope of Work shall be subject to written approval by the DISTRICT and CLEARWATER. 1.2 CLEARWATER shall engage the services of the CONSULTANT to design and permit the PROJECT.' The DISTRICT and CLEARWATER shall each have one voting seat on the committee to rank the submitted proposals for negotiation and approval by the CLEARWATER Commission. The final selection of the CONSULTANT shall be subject to written approval of the DISTRICT. 1.3 CLEARWATER shall administer, manage, and supervise the design and permitting of the PROJECT with review and participation of the DISTRICT. 1.4 The DISTRICT's performance under this Agreement is conditioned upon the development and approval of the detailed Scope of Work, the Request for Proposal, and the engagement of a CONSULTANT. If for any reason a CONSULTANT is not under contract within one hundred eighty (lBO) calendar days subsequent to the effective date of this Agreement, this Agreement may be terminated pursuant to Article IV. 1.5 All CONSULTANT{s), CONTRACTOR{s), subcontractors, and suppliers will be under contract to CLEARWATER and not to the DISTRICT; all compensation and payments to them shall be the responsibility of CLEARWATER and not the responsibility of the DISTRICT. 1.6 CLEARWATER shall require the CONSULTANT to provide a proposed Project B~dget to both parties. The proposed Project Budget shall consist of a detailed cost itemization by task with staff hours, hourly rates, and proj ect personnel based upon the approved Scope of Work. The proposed Project Budget shall be reviewed and approved in writing by the DISTRICT prior to ratification of the CONSULTANT contract by CLEARWATER. Any Page 2 Contract No. revisions or updates to the Project Budget shall be reviewed and approved in writing by the DISTRICT's Project Representative prior to the disbursement of funds. :1 . 1.7 The DISTRICT and CLEARWATER shall provide mutual assistance in the acquisition of available information, data and reports in their possession including but not limited to as-built drawings, drainage maps, design reports, maintenance records, topographic surveys, utility surveys, and rights-of-way information considered pertinent to the PROJECT. Use of all available information and ongoing studies that may assist the CONSULTANT in the design of the PROJECT shall be maximized. 1.8 The DISTRICT and CLEARWATER shall review, comment, and approve ( or reject in writing the PROJECT design at the 30%, 60%, 90% ) and 100% stages. 1.9 CLEARWATER shall act as applicant on all applicable environmental and construction permits. CLEARWATER shall advertise the PROJECT for receipt of bids within sixty (60) days of permit approval and construction will begin ninety (90) days from bid award. Contract award, contract execution and notice to proceed to the CONTRACTOR shall be consistent with CLEARWATER's standard contract management procedures. 1.10 Upon completion of all work products, one (1) copy of all reports, maps, modeling on computer disk, construction plans, and other documents prepared and paid for with any and all funds contributed by the parties, shall be provided to each party. Reproducible As-Built drawings shall be provided to the DISTRICT for record purposes by CLEARWATER upon completion of the PROJECT. 1.11 CLEARWATER shall perform all necessary construction management, inCluding but not limited to construction survey, inspection, bidding and supervision, as follows: CLEARWATER will conduct the construction bidding process with DISTRICT approval, and construction supervision will be performed with DISTRICT participation. The contract between CLEARWATER and the awarded bidder (CONTRACTOR) shall provide for a performance bond and comprehensive liability insurance naming the DISTRICT and CLEARWATER as insured parties. 1.12 CLEARWATER shall provide signs at the PROJECT site during construction and upon completion that includes recognition of funding by the DISTRICT through Pinellas-Anclote R~.ver Basin Board to this agreement. Any such signs shall be subject to the written approval as to form, content and location by the DISTRICT, and shall comply with CLEARWATER's sign ordinance. All signs shall be maintained by CLEARWATER. 1.13 upon acceptance of the completed PROJECT I CLEARWATER shall assume responsibility for mowing, removal of weeds and brush, maintenance of any detention/treatment ponds I overflow structures and any fencing needed, monitoring of plant growth Page 3 H"., Contract No. and all other maintenance of the PROPERTY in accordance with State and local permit requirements and CLEARWATER's maintenance schedules. CLEARWATER shall not permit or allow any chemical aquatic vegetation inhibitor or weed killing agent within the confines of the pond(s) or the immediate banks, except as may be necessary for control of exotic vegetation. 2 - COMPLIANCE WITH DISTRICT RULES & REGULATIONS. Coincident with PROJECT design, the professional designers and DISTRICT regulation staff shall mutually agree that the proposed PROJECT technically complies with all applicable DISTRICT rules and regulations i and prior to PROJECT implementation, permitting approval shall be obtained. 3 - PERMITS. If the PROJECT requires obtaining any DISTRICT permit, the / permitting applicant shall be the owner or authorized agent of the land to be occupied or otherwise used by the proposed PROJECT developmenti unless the applicant has power of eminent domain. If DISTRICT owned land is involved, or the DISTRICT is a co-applicant, the Florida Department of Environmental Protection shall be the permitting agency. . 4 - DISTRICT RECOGNITION. CLEARWATER shall recognize DISTRICT funding, and Pinellas-Anclote River Basin Board funding, in any reports, models, studies, maps or other documents resulting from this Agreement, and the form of said recognition shall be subject to DISTRICT approval. CLEARWATER shall provide signs at the PROJECT site that recognizes funding for this PROJECT provided by the DISTRICT, and the Pinellas- Anclote River Basin Board. All signs must meet with DISTRICT written approval as to form, content and location, and must be in accordance with local sign ordinances. 5 - FUNDING. The parties hereto anticipate that the total cost of the PROJECT will be Three Hundred Thousand Dollars ($300,000). 5.1 The DISTRICT shall fund an amount not to exceed Twenty Five Thousand Dollars ($25,000) for the CONSULTANT services which shall be limited to designing and obtaining permits, providing geotechnical investigation, field survey and base maps, a planting plan, and educational materials for the PROJECT. The DISTRICT also agrees to fund an amount not to exceed One Hundred Twenty Five Thousand Dollars ($125,000) for construction of the PROJECT for the total DISTRICT contribution to the PROJECT not to exceed One Hundred Fifty Thousand Dollars ($150, OOO) . CLEARWATER shall fund an amount not to exceed Twenty Five Thousand Dolla:s ($25,000) for CONSULTANT services, and an amount not to exceed One Hundred Twenty Five Thousand Dollars ($125,000) for construction of the PROJECT. In the event that costs for the PROJECT exceed Three Hundred Thousand Dollars ($300,000), the DISTRICT and CLEARWATER, by mutual agreement, may provide additional funding or reduce the PROJECT scope and/or limits. Any funding obligations of the DISTRICT or CLEARWATER is contingent upon funds being budgeted for commencement or continuation of the PROJECT by the DISTRICT's Governing Board and Pinellas-Anclote Basin Board and the CLEARWATER City Commission, respectively. Page 4. 5.2 CLEARWATER shall submit invoices that have been submitted by the CON~ULTANT/CONTRACTOR for the design, permitting, construct~on of the PROJECT and back-up documentation monthly along with a progress report to the DISTRICT with writte~ substantiation that the invoices are accurate and in accordance with terms of this Agreement. Invoices shall be submitted to the District at the following address: Accounts Payable Section, Southwest Florida Water Manaaement District, P.O. Box 1166, Brooksville. Florida 34605-1166. All progress reports accompanying invoices shall describe the work accomplished to date and indicate the percentage of work completed. The DISTRICT shall reimburse CLEARWATER for one half of the invoice amount less retainage, up to a total amount not to exceed that previously described in Section 1 of this Article. Upon I receipt of proper invoices as described, the DISTRICT shall remit payment to CLEARWATER within thirty (30) calendar days. CLEARWATER shall provide the DISTRICT with duplicate CONSULTANT/CONTRACTOR invoices and progress reports for review at the same time they are submitted to CLEARWATER. 5.3 CLEARWATER shall be responsible for the appropriate expenditure of funds provided by the DISTRICT and shall only expend such funds pursuant to the terms and conditions of this Agreement and shall not utilize such funds for any other purpose. CLEARWATER shall not enter into additional services that would require additional reimbursement from the other parties without advance written approval by the other parties. All equipment and non-expended supplies purchased with funds provided by the DISTRICT shall be the property of the DISTRICT and shall be returned to the DISTRICT at the termination of this Agreement. 6 - PROJECT REPRESENTATIVE. CLEARWATER and the DISTRICT shall each designate a single Project Representative who will serve as a liaison between the DISTRICT and CLEARWATER on all PROJECT related matters for the purpose of maintaining coordination and review through all phases of PROJECT development and construction. Each Representative shall be notified of, and attend all project meetings which will be, at a minimum, held monthly to review the administration of this Agreement for the duration of the PROJECT, to review and comment on interim reports, drafts, maps and other documents, and to make site visits, and attend public information meetings. The Project Representative will be responsible for transmitting instructions, receiving information, and interpreting and communicating DISTRICT and CLEARWATER policies and decisions relating to the PROJECT. All correspondence or inquiries relating to the PROJECT shall be directed to the attention of the project Representatives. Phone logs and meeting minutes shall be kept by the lead Project Representative and distributed to all Project Representatives as a record of PROJECT status. 7 - TERM OF AGREEMENT. This Agreement shall commence on the date of execution and shall remain in effect until CLEARWATER provides to the DISTRICT mutually agreeable documentation which substantiates that this Agreement has been fully performed, or on the da~e three years ~r?m the execution date of this Agreement, unless term1nated or spec1f1cally extended in writing. Page 5 -I '. ~~. . Contract No. a - PROJECT RECORDS AND DOCUMENTS. CLEARWATER shall, upon request, permit the DISTRICT to examine or audit all project records, books, document.s and papers during or following completion of the PROJECT. CI,EARWATER shall maintain the records, books, documents and papers for at least. t.hree (3) years following completion of the PROJECT. 9 - TERMINATION. Upon written notice, this Agreement may be terminated by any of the parties in the event of substantial failure of another party to fulfill its obligation under this Agreement through no fault of the terminating party, or if termination is deemed to be in the public's best interest or in the best interest of the terminating party. This Agreement shall be deemed terminated on the fifteenth (15th) day after receipt of written notice of termination. If such a termination for the PROJECT occurs I the DISTRICT shall pay to CLEARWATER. all properly documented fees and costs for services performed in accordance with this Agreement prior to the date of termination. CLEARWATER shall take all reasonable steps to avoid incurring any additional PROJECT costs subsequent to receiving notice of termination. 10 - RELEASE OF INFORMATION. Nq party shall be permitted to conduct any verbal or written media interviews or issue press releases on or about this Project without prior written approval of the other partiesl which shall not be unreasonably withheld. 11 ASSIGNMENT. All parties are prohibited from assi.gning or transferring any of its rights or obligations under this Agreement without prior written consent of the other parties. 12 - INSURANCE CLEARWATER is a political subdivision of the State"of Florida. As such, it is self-insured pursuant to Section 768.28 of the Florida Statutes. CLEARWATER shall maintain in force workerfs compensation benefits in accordance with Florida Statutes for the duration of the Agreement. 13 - NOTICES. All notices, or reports, other than invoices, required to be given to the DISTRICT shall be hand delivered or mailed, postage paid, to the following addresses: SWIM Department Southwest Florida Water Management District 7601 Highway 301 North Tampa, Florida 33637 Contract Administration Southwest Florida Water Management District 2379 Broad Street Brooksville, Florida 34690-6899 All notices, or reports required to be given to CLEARWATER shall be hand delivered or mailed, postage paid, to the following address: For PROJECT related issues: For Contract related issues: .1 , I City of Clearwater Engineering Department/Environmental Management P. O. Box 4748 Clearwater. Florida 34616 . , Page 6 ..._...."-"'_....."--w ..,,"-'. 14 - THIRD PARTY BENEFICIARIES. Nothing in this Agreement shall be construed to benefit any person or entity not a party to this Agreement. lS - COMPLIANCE WITH APPLICABLE LAWS. The parties agree to comply with applicable federal, state, and local laws, including by not limited to the Americans with Disabilities Act (ADA). 16 - MODIFICATIONS. This Agreement constitutes the entire Agreement among the DISTRICT and CLEARWATER. There are no promises, terms, conditions or allegations other than those contained herein and this document shall supersede all communications, representations and/or agreements whether written or verbal, between the parties hereto with regard to the PROJECT and the subject matter of this Agreement. This Agreement may be modified only in writing executed by all the parties. IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have ex~~u~c~ thi3 Agreement as of the date first above written. Signed sealed and delivered in the presence of: WITNESS: SOUTHWEST DISTRICT FLORIDA WATER MANAGEMENT By: Peter G. Hubbell Executive Director . . . . . . . . . * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * . . . . -.. . . . . . . . . . . . . . . . . . ~ountersigned: CITY OF CLEARWATER, FLORIDA By: Elizabeth Deptula City Manager Rita Garvey Mayor-Commissioner Approved as to form and legal sufficiency Attest: By: Cynthia E. Goudeau City Clerk , Attorney City Attorney's Office Page 7 .'i . :~.. "-.. . , . . " " ~""......... I. l" .. t)~6 i 1m ;.: ; lIT;:" ;:~'I T"r,p:3 tN C" " " ,>>,1 ;' r l,lH 'I 1)'1' r rill f.j . ': .... o' lJ 0 :; ,"'. ::l JHL tJ MH a OD eoI' 1($ TO. Dee - I C L EARW AT eR-H-I-G'H-S-eH 00 L 540 SOUTH HERCULES AVENUE CLEARWATERl FLORIDA 34624.6399 TELEPHONE (813) 442.'1155 ED EVANS PRINCIPAL November 29, 1993 ivir. Tom Miller Asst Director of Public Works Public Works Department P. O. Box 4748 Clearwater, FL 34618 :" l. Dear Tom: " This letter is in support of the off-line stormwater lrealment for AUenls Creek. This creek bed runs along the west end of our property and the treatment area will give our science students a hands~on learning experience. I'm sure that this can become a part of our science curriculum. Sincerely, \ I d'd d~ t Ed Evans I I Principal I I 1 cc: Jim Miller II I j 1 ! ~~ "'i't' , 'Home of tire Tornadoes." '" .' ". . ., :0' . ". ,"," , ~~~~~'l ~~.... ~" '~'" . . . '. .. . , . .. . ". . .. ~ . .. . '. ,', . . . . ..' r, //7 ~ .' DATE I',. \ j I . , " t \ I I l \ i : '. I , AGEN',DA' , \ I I ! ITEM' #... 9 g . L' , " . , .~ . __t+_ ...~.._......_....._.~..... ... + 'I. ':;\;-.n_~.~~n':" ':11, . ". _____ - --~ . ~ ..' ;;;: " ~ / ;,- ~ w ~rJ S' Clearwater City Commission 3 ~ Item II: Agenda Cover Memorandum 0 Meoting Dato: ~.7''15 SUBJECT: Alligator Creek Watershed, Agreement for Consultant Services RECOMMENDATION/MOTION: Approve the ranking and award a contract for consultant services in the amount of $496,964 to Parsons Engineering Science, Inc. of Tampa, Florida to develop a comprehensive watershed management plan for the Alligator Creek watershed, fia and that tho approprIate otrrcials bo authorized to executo samo. BACKGROUND: On February 14, 1994, the City Commission approved the Cooperative Agreement between the Southwest Florida Water Management District, Pinellas County, Safety Harbor and Clearwater for the development and implementation of a comprehensive watershed management plan for the Alligator Creek watershed. The agreement was subsequently ratified by the other participating agencies and finalized on November 25, 1994. Project objectives include: (1) The development of a watershed management plan to address surface water quality, quantity, and natural habitat; (2) The design and permitting of the top three prioritized projects recommended by the plan; and (3) Construction of at least one project. The total project cost of $1,200,000 allows $500,000 for the development of the watershed management plan, with the remaining $700,000 for the accomplishment of the Objectives (2) and (3). The City advertised its need for a consulting firm to prepare the watershed management plan. Twelve firms submitted qualifications and letters of interest in the project. The Consultant Selection Committee, consisting of representatives from the Southwest Florida Water Management District, Pinellas County, Safety Harbor and the City of Clearwater, short listed these firms to eight candidates based on qualifications and past experience with watershed projects. These eight firms were requested to submit proposals to address the draft scope of work for the project. The same selection committee, after consideration of the proposals based upon the proposed project team experience of each of the firms relating to watershed/waterbody modelling, geographic information systems, stormwater engineering, and the creativity and level of effort put forth in the proposal, ranked the firms in the following order: Parsons Engineering Science, Inc., Camp Dresser & McKee and Greiner Inc. The attached contract developed through negotiation with Parsons Engineering Reviewed by: Legal Budget Purchasing Risk Mgmt. IS Engineering ACM Other Originating Department: Engineeringl Enviro nment ill Managemont ) 'J ~ User DepDrtment: I Y Enginearing :} Costs: $496.964 Total CommissIon Action: 1995 Curront FIscal Yr o Approvod o Approved w/condi\lons o Deniod o Continuod to: Fundlng Sourco: ~ Date: Puper: 181 Not Rcquired Affected Pertles o No III iocJ o No~ Required lia Capilallll1provemorH o Operntino o Othor: AppropriDtion Code: 314-96103-561200-539-000 Attachmonts: Allreoment lor Consultant Services lor tho Dovolopment ond implemontatlon 01 A Compruhul\sivu Watorshed Mnnaoomont Plan lor tho AlIlgotor Croek Wntorshou Advertlaod: Clt o Nonu o p,lntlld on recyclod pBpar " ;"~~'~l"'"'.> ~I'~'-,r. ,~,~.,''!. ~~~ .... '. . It . <; I . .. "~' '::'>~:';I:' ,\,. " . .", '. r,:,lf>'~:<~";' ,:':~' I Il,f.., " " ".:: >i;:,,:':':'::/;., 2 \, Science, Inc. is for $496;964. This contract addresses the first project objective and allows the opportunity to amend the contract to design and permit the top three prioritized projects recommended by the plan. The City of Clearwater share of this contract is $142,000 with reimbursement from SWFWMD, Pinellas County and Safety Harbor upon invoicing for the balance. As project manager, the City of Clearwater is responsible for managing the entire contract and seeking the reimbursement of funds from the other participating agencies. This project is consistent with the Environmental Management Group five Year Plan. The Environmental Advisory Committee reviewed and recommended approval by the City Commission on July 19, 1995. Funding faJ the City's share of the services in the amount of $142,000 is available in the Capital Improvement project 31 5~961 03, Starmwater Quality Improvements/Property Purchases. .1". ., , , { j " \; .~:r. >. '>" . (" . . ,~. '.. /,-',,,- ~ ~.l .; " ? ii, ". <~. 'S:',e,:.,. . ., 10 ~ " .~;, . i' ~, ' . e ,:. ' I ~" ' ~'~,;m'., ~~"! "-~''''''."e'' 't \ . o '1.' , : .'; ". }! , .. " . ~', , ,~. . \ t: T i ~. ;, i :' fl,'. ", " \ . , . " : 'e e I ~ . 'T .'. ii, ~.. ~ I.t<l:_~"f~ ... ~ . ' ~ . . ..... . ,. . . .' --: ~, ., .. ",\. .... :.' .' ,<, 1 !. AGREEMENT FOR CONSULTANT SERVICES ].i'OR THE DEVELOPMENT AND IMPLEMENTATION OF A COMPREHENSIVE WATERSHED MANAGEMENT PLAN FOR THE ALLIGATOR CREEK WATERSHED . ~ I , I July 11,1995 ., .! . ~ .. .. ~. . . .. . ;?";t,; , . I . . .. " TABLE OF CONTENTS Section Page SECTION 1 SCOPE OF PROJECT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.1 INTENT OF THIS AGREEMENT.. . . . .. ... . .... .. ... .... . . .. ..3 1.2 PROJECT DESCRIPTION .................................... 3 1.3 LIMITS OF WORK .. . . .. .. ,. .. . . . . -II . . . .. . II . . . .. . . . ,. . .. ,. .. II -II . . . II . . . . .. . 4 1.4 KEY PERSONNEL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ' I SECTION 2 SERVICES TO BE PROVIDED BY CONSULTANT..................... 5 2.1 PROJECT MANAGEMENT AND COORDINATION.............. 5 2.2 INFORMATION COLLECTION AND MANAGEMENT ........... 6 2.3 FIELD WORK AND DATA ANAL YSIS .. .. . .. . . .. . .. . .. .. . .. . .. 7 2.4 WATERSHED MODELING (COMPUTER MODELING) . . . . . . . .. . 12 2.5 IDENTIFICATION OF PROBLEMS AND POTENTIAL SOLUTIONS ....... II .. . . II .. .. .. .. . . .. , . . . .. .. . . . , . .. .. . .. .. . . . . . . ... . , . . . .. 15 2.6 EVALUATION OF POTENTIAL SOLUTIONS.................. 18 2.7 REGULATORY AGENCY. REVIEW .......................... 19 2.8 PRESENTATIONS, PUBLIC MEETINGS AND TECHNICAL LI.AISON ...... It .. . .. . .. . , .. . II II . ,. .. .. . .. .. .. . II . . . .. . .. ,. .. .. . .. . .. . .. ... , . .. .. .. . of 20 SECTION 3 SUBMIIT ALS . II . . .. . . . .. . ,. II . . .. . . . .. . of . .. . , . . .. . .. . . " . .. . .It . .. .. . . .. , .. ,. . . . -II . 22 3.1 SUBMITIAL REQUIREMENTS (GENERAL) ..................22 3.2 SUBMITTAL REQUIREMENTS (MANAGEMENT PLAN) ........23 SECTION 4 IMPLEMENTATION............................................. 24 SECTION 5 SERVICES TO BE PROVIDED BY THE CITY ...... . . . . . . . . . . . . . . . . . . 24 SECTION 6 PROGRESS REPORTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 SECTION 7 COlviPENSATION TO THE CONSULTANT......... ....... ... .. .....25 SECTION 8 SCHEDULE OF PAYMENTS ...................................... 27 SECTION 9 PERIOD OF SERVICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 SECTION 10 INSURANCE REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 10.6 SUPPLEMENTAL PROVISIONS.. ..... . . . ....... ..... . . ... .. ... ...29 10.7 SAFETY AND HEALTH REQUIREMENTS .......................... 29 SECTION 11 REQUIRED STATEMENTS ....................................... 30 ::.~ .T' '.... .' .... \')>.. . . ~ . ~ I :' < ' .,', : . ., " :f' ,~' , .. . " , ' ~~....:~.~,~ .~..~....,. I:, , 1<' , , , " ': <, '. ' ....... . ," , ' ,. f'; .:' . > . ~ .. ,,' ,. : .' >~~ , " , " " , . :.<,'.' <. \, .) ~ . . . l: '. . \ ; I SECTION 12 TERMINATION... 41 .. . It .. . " of . II . .. . . .. .. , , .. . .. , . .. . " Ii . .. . I , .. .. , . . . . . I .. , .. .. . 30 ~ ' r I I I I j l , , SECTION 13 SUSPENSION, CANCELLATION OR ABANDONMENT. . . . . . . . . . . . . . .30 SECTION 14 EXTENT OF AGREEMENT. . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 i I, \ ,I i \ I I i ''';.'''''' i I I I: ~ :. AGREElYlENT FOR CONSULTANT SERVICES FOR THE DEVELOPMENT AND IMPLEMENTATION OF A COMPREHENSIVE WATERSHED MANAGEMENT PLAN FOR THE ALLIGATOR CREEK WATERSHED THIS AGREEMENT~ made and entered into this day of 1995, by and between the City of ClearwaterJ Florida~ hereinafter referred to as the CITY~ and , with offices in hereinafter referred to as the CONSULTANT. WITNESSETH, That WHEREAS, the Alligator Creek Watershed lying in the City of Clearwater~ the City of Safety Harbor, and Pinellas CountYJ hereinafter referred to as "the WATERSHED1t, encompasses approximately five thousand seven hundred (5700) acres; and WHEREAS, the Southwest Florida Water Management DistrictJ through the Surface Water Improvement Management Department, has identified Tampa Bay and its tributaries as water bodies deserving priority for rehabiJitation; and WHEREAS, the CITY, the City of Safety Harbor, Pinellas County, and the Southwest Florida Water Management District have entered into an Agreement for the development and implementation of a Watershed Management Plan hereinafter referred to as the MANAGEMENT PLAN to the extent of jointly funding an engineering study of the WATERSHED; and I' WHEREAS, the CITY desires to engage the CONSULTANT to provide professional engineering and environmental services in accordance with this agreement; and WHEREAS, the CONSULTANT has expressed the willingness and ability to provide such services in accordance with the Agreement; NOW THEREFORE, the CONSULTANT and the CITY, in consideration of the mutual covenants hereinafter set forth, agree as follows: 2 :<? :..~. ~ . SECTION 1 SCOPE OF PROJECT 1.1 INTENT OF THIS AGREEMENT This project is being developed in accordance with the Cooperative Agreement between the Southwest Florida Water Management District, Pinellas County, the City of Clearwater and the City of Safety Harbor for the Development and Implementation of a Comprehensive Watershed Management Plan for the Alligator Creek Watershed and the management needs of each party. In accordance with the following sections, it is the intent of the CITY to contract the services of the CONSULTANT to provide professional engineering, land surveying, biological, environmental and planning aspects in developing the MANAGEMENT PLAN. The CONSUL T ANT, by executing this Agreement, acknowledges familiarization with the project and SCOPE OF SERVICES and accepts the responsibility to provide a product that is complete in every respect and which fulfills the intent ofthis agreement, whether or not all items of work are specifically included herein. 1.2 PROJECT DESCRIPTION The primary objective of the project will be to prepare a comprehensive Watershed Management Plan for the Alligator Creek basin, which encompasses approximately 5700 acres in central PineIlas County. The MAl'JAGEMENT PLAN will be used as a tool in the planning, regulation and management of natural resources, of future development and as a basis for determining and prioritizing capital improvements by SWFWMD, PineUas County, the City of Clearwater and the City of Safety Harbor. This objective will be met in part, by conducting a comprehensive analysis of the watershed in order to characterize the watershed. The project will be conducted in two phases: (1) Planning and (2) Implementation 1.2.1 Planning Phase The MANAGEMENT PLAN is intended to evaluate the Alligator Creek Watershed, identify problems requiring management of resources, and recommend solutions affecting water quantity and quality, and natural habitat. At a minimum, the MANAGEMENT PLAN will address existing flood situations to be defined herein, erosion, and stormwater pollution. The Planning Phase will include the initial collection . of design and water quality data, the diagnostic evaluation of the Alligator Creek Watershed, the use of an appropriate linked watershed/waterbody model if applicable, that is approved by Pinellas County, Clearwater, Safety Harbor and the Southwest Florida Water Management District (SWFWMD), and the development of a comprehensive watershed management plan, with recommendations for site specific physical improvements including public property availability and/or property acquisition information. The Plarining Phase will also include the conceptual design necessary to 3 ?'1"'''-_ . determine pemlit and construction fensibility and cost effectiveness. At the end of the Planning Phase there will be an assessment meeting of the participants at the close of which a decision will be made on whether the work should proceed into the Implementation Phase. 1.2.2 Implementation Phase The Implementation Phase will include the final design and permitting of the top three (3) prioritized PROJECTS recommended in the MANAGEMENT PLAN, and the bid advertisement, award, and construction of one (I) or more of the top three (3) prioritized PROJECTS. Description of the implementation phase is included for the CONSULTANT'S information and is NOT a part of this Agreement. 1.3 LIMITS OF WORK 1.3.1 The MANAGEMENT PLAN limits shall encompass all areas required for the improvements described herein and shall extend, laterally and linearly, to those boundaries delineated as the Alligator Creek watershed required, in accordance with good engineering practice, to render the proposed improvements compatible with abutting property and aU existing drainage systems. 1.3.2 It is desirable that proposed'improvements be contained within the limits of existing publicly owned lands, rights-of-way, or easements where practi,cal and feasible. 1.4 KEY PERSONNEL 1.4.1 The CITY reserves the right to approve/disapprove for whatcver reason all personnel assigned to this project by thc CONSULTANT. The individual(s) named in Schedule 1 and/or such other individuals who are to be assigned to work under this contract are necessary for the successful performance of this contract. The CONSULTANT agrees that whenever for any reason, one or more of the aforementioned individuals are unavailable for performance under this contract, the CONSULTANT shall replace such individual(s) with an individual(s) of substantially equal abilities and qualifications, subject to approval by the CITY. 1.4.2 The CONSULTANT shall submit to the CITY a resume giving the full name, title, qualifications, and experience, for all successors and/or new persons prior to assignment of such personnel to perform work under this contract. Should the CITY decide the . successor personnel does not meet the qualifications of the replaced personnel, or in the case of new personnel, the CITY determines they are not qualified to perform the work assigned, the CITY will advise the CONSULTANT accordingly. The CONSULTANT shall then submit name(s) and qualifications of an individual(s) to the CITY until a determination is made by the CITY that the replacement individual(s) has substantially equal abilities and qualifications of the individual(s) named herein. 'I jl II 1 " 4 ;.t ~!}~~. 1.4.3 The CITY, the City of Safety Harbor, Pinellas County, and SWFWMD shall each designate a single Project Representative, hereinafter referred to as PROJECT REPRESENTATIVE(s), who will serve as a liaison bctwccn the CITY, the City of Safety Harbor, Pine 11M County and SWFWMD on all matters related to the development ofthis MANAGEMENT PLAN. The CONSULTANT, in recognition of the existing Cooperative Agreement, will simultaneously copy project correspondence to the PROJECT REPRESENTATIVES. I . ! ! SECTION 2 SERVICES TO BE PROVIDED BY CONSULTANT 2.1 PROJECT MANAGEMENT AND COORDINATION 2.1.1 Work Program Coordination The CONSULTANT must coordinate work activities with the CITY, PROJECT REPRESENT A TIVE(s), other involved State agencies, municipalities, and other vendors. The CONSULTANT shall submit a Project Work Plan outlining coordination activities. The CITY shall, however, be the primary contact. The Project Work Plan will include the following elements: . Scope of Services . Project Schedule . Project Budget . Coordination Procedures . Reporting Procedures . Documentation Procedures . Technical Quality Control Procedures 2.1.2 Project Coordination Meeting The CONSULTANT shall designate in writing to the CITY, the Project Manager and those persons who will supervise and coordinate the essential portions of the project. The CONSULTANT will schedule an initial joint coordination meeting (kick~off meeting) within one week of issuance of Notice to Proceed. 5 ;~.f ;.:~. "-'. " 2.2 INFORMA TrON COLLECTION AND MANAGEMENT 2.2.1 Literature Search The CONSULTANT will perform a literature search to review and assimilate available information pertinent to the study area under 4 major categories; flood control, water and sediment quality, natural resources and drainage problems. This will include but not be limited to a review of the following information available from the CITY, Pinellas County, Safety Harbor and the Southwest Florida Water Management District (SWFWMD), the Florida Department of Environmental Protection, (FDEP), the Florida Department of Transportation , the U. S. Army Corps of Engineers, the U.S. Geological Survey (USGS), the U.S. Department of Agriculture Soil Conservation Service (SCS), the U.S. Department of Environmental Protection (USEPA), the Tampa Bay Regional Planning Council (TBRPC) and the Tampa Bay National Estuary Program (TBNEP): a. Existing reports relative to the study area. b. Hydrologic, meteorological, and tidal records. c. City Stormwater Atlas Sheets, and Pinellas County Stonnwater Management Plan for Alligator Creek, by H.D.R. (1981) d. Existing drainage and storm water management systems within the study area e. Aerial photography of the study area Pinellas County (1994). f. Docwnenlation of significant flood events. Identify 25 and 100 year frequency, 24 hour duration, storm floodplains. The verification and calibration for computer modeling will require an investigation of past events which have existing documentation (i.e. rainfall data and streamflow records). g. Present and projected land use within the study area including the land use elements of the City of Clearwater, Safety Harbor, and Pinellas County Comprehensive Plans, and major developments that have been approved within the study area. h. Drainage maps for City, County and State roads with the study area. I. Surface water quality and sediment data. j. Ecological studies. k. Rules and laws related to stormwater and flood plain management (local, regional, state, and federal) pertinent to the study area < .1. Historical and/or archaeological sites from the State Historical' Preservation Officer. m. Soils and geotechnical infommtion required to identify soils related problems using USGS hydrologic maps, soil survey maps, and the Soil Conservation Service. n.. Point source discharges in the watershed. I I j I 6 ~r:-~ c. , . o. NPDES Pemllts 2.2.2 Evaluate and Define Deficiencies of Existing Data Existing nvailable data shall be evaluated to identify any missing data necessary to the study. AdditionaIlYJ conflicting data will be identified. Missing or conflicting data will be evaluated to determine the appropriate method of obtaining the needed data or resolving conflicts. Data evaluation will include numerous pieces of information that will be grouped in the four general categories of interest for this study: drainage problems flood controlJ water and sediment quality, and natural resources. Furthermore, the data will be analyzed in terms of their utilization in this study. This information will be provided to the CITY in a letter report 2.3 FIELD WORK AND DATA ANAL YSIS 2.3.1 Field Work Field investigations shall be made of the drainage ways and tributaries and of existing drainage and storm water management systems to verify stormwater atlas sheets and' based on the specific needs of the hydrologic and hydraulic models and for subbasin delineation clarification. Field reconnaissance shall be completed to ascertain the present condition of streams and drainage structures. Reconnaissance shall include meeting with City and County muintemmce personnel to acquire knowledge of drainage systems and maintenance practices and problems. Written and/or photographic documentation ofull opcn waterways, including structures shall be performed. Structure numbering will be consistent with the labeling system chosen for modeling. Field familiarization will point out specific problem areas and also note other pertinent factors such as areas subject to sedimentation, high velocity reaches, environmentally sensitive areas, and features affecting modeling. Natural resources will be assessed to establish a II level of service" in order to determine a target condition and will include but not be limited to the following: a. location and type of vegetative communities (including uplands and wetlands) along the creek . b. quantitative and qualitative (degree of disturbance) evaluation of each community c. potential or actual (observcd, nests, etc.) occurrence of threatened and/or endangcred species . d. unique features (sinkholes, etc.) c. faunal communities (method to be dctermincd) 7 " .~ It" . f. observed wildlife species g. wetland boundary (estimated) 4 . 2.3.2 Natural Resources Evaluation of natural resources will begin with analysis of such information on high resolution vertical aerial photographs, National wetland inventory maps, and the Soil Survey of Pine lIas County. Vegetative communities will be marked on the maps, using . the preliminary mapping as a guide, and each upland and wetland community will be assigned a numerical designation and visited to record ecological status, e.g., degree of disturbance, exotic invasion, potential or actual occurrence of threatened or endangered wildlife and plant species (observed, nests, etc.), other wildlife species present, and any observable unique features such as specimen trees. All observations for each numbered community will be recorded on a "Habitat Inventory" form suitable for input to the GIS for the basin and should include faunal communities. Boundaries of the vegetative communities, including wetland boundaries, will be approximated based on aerial photos and qualitative field verification. Formal wetland boundaries will not be surveyed except as it becomes critical in the development of the conceptual design of the PROJECT(s). Vegetative communities will be classified in conformance with the Florida Land Use Cover and Forms Classification System (FDOT, 1985). Based on existing conditions of the natural resources, a set of criteria that will define existing levels of service will be detemlined. These criteria will describe aspects of the biological resources that range from undesirable to desirable,' considering the land uses of the watershed. CONSUL T ANT to determine field sampling methods for mucrohabituts. Method to be approved by PROJECT REPRESENTATIVES. ~\! .j 2.3.3 Water Quality Analysis The CONSUL T ANT shall evaluate existing water quality, flow and loading data and make recommendations for additional monitoring that may be required to adequately determine sources of pollution, and pollutant load lIhot spotsU in the watershed. In addition to supplementing existing water quality monitoring programs, a sediment quality monitoring program is also proposed. A preliminary survey of the sediment types within the creeks and takes of the Alligator Creek Basin will be done to identify locations of potential monitoring sites. The need to conduct water quality sampling . during storm events will be evaluated and recommendations provided to the PROJECT REPRESENTATIVES. The CONSULTANT shall assess impacts of the potential solutions on average annual pollutant loadings. The CONSULTANT shall utilize existing and ongoing water quality studies to identify specific water quality problems that can be targeted for rcmcdial 8 . 1"; oil? . . ~ nction. Pollutant loading rates for specific land uscs and pollutant rcmoval efficiencics for typical stormwater trcatment systems and nonstructural shall be considered in the assessment. Average annual pollutant loadings shall be calculated for future land use in the basin. Calculations shall take into, account pollutant removal efficiencies of stonnwatcr treatment facilities required for new developmcnts under currcnt stormwater treatment regulations. ' The CONSULTANT shall make rccommendations for ongoing monitoring to demonstrate improvements to water quality and other ecological considerations brought about by implcmentation of the recommended Program and PROJECT(S). A seasonal water qunlity sampling program will be undertaken to supplement existing water quality monitoring data. Additionally, a sediment quality sampling program is also proposed. Because sediment and water quality parameters are inter~related, the simultaneous collection of watcr and sediment samples will allow for a more accurate interpretation of the existing conditions within the watershed. Historical data for the watershed and data from other sources will then be utilized to further support analysis of conditions in the watershed. Based on the preliminary d~ta review and site investigation performed for the proposal preparation, approximately eight surface water and sediment quality monitoring stations will be needed to provide adequate coverage ofthe Alligator Creek basin for the purpose of the Watershed Management Plan. The specific locations will be selected based on environment type(Le., creeks, man-made ditches, and lakes), surrounding land use (i.e., areas with both high and low pollutant loading potential), and sediment deposition within the watershed. Recommended locations for monitoring sites will be presented following the completion of historical data review and inspection of the study area. \Vater quality sampling will be conducted scasonally to cover two flow regimes: primary wet season and dry season. Parametric coverage will include aluminum, arsenic, cadmium, copper, chromium, iron, lead, mercury, silver, zinc, hardness, biochemical oxygen demand, total nitrogen, ammonia, nitrate, nitrite, organic nitrogen, total phosphorus, orthophosphate, total suspended solids, oil and grease, chlorophyll-a (lakes only), coliforms (fecal c. and fecal strep.), dissolved oxygen, pH, temperature, conductivity, chlorides and pesticides (organochlorine and organophosphorus series). Sediment sampling wilI be done once in conjunction with a water quality monitoring event. Sediment grab samples will be collected at each monitoring site and analyzed for the following parameters: aluminum. arsenic, cadmium, copper. chromium, iron, lead. mercury, silver, zinc, grain size. pesticides (organochlorine and organophosphate series). . P AH's (polyaromatic hydrocarbons), PCB's (polychlorinated biphenyls). Analytical methods shall be subject to the approval of thc CITY. j 9 ~'d.\\.: ", .' 2.3.4 Land Use Inventory Inventory existing land uses and proposed land uses for the year 2010 as shown on pertinent land use plans for use in developing data for the storm water model. Summarize existing land use plans and policies developed by Cleanvater, Safety Harbor, Pinellas County, and rcgional planning agencies to gauge future dcvelopment potential. 2.3.5 ,Survey, Geologic, nnd Topographic Base Data Maximum use will be made of data found in existing studies once verified. All surveying shall be performed under the direction and control of a Florida Registered 0 Professional Land Surveyor. ' The CONSULT ANT shall provide surveying as follows: a. Topographical survey services necessary for determining water surface profiles, aerial extent of existing flooding and of design storms and conceptual design of channel improvements and related drainage structures, including storm water treatment facilities related to the MANAGEMENT PLAN. b. The CONSULTANT shall record survey data in acceptable field books with copies of all survey notes delivered to the CITY upon complet,ion of all surveying. c. The CONSULTANT may elect to use data collectors and magnetic files in place of written notes or a combination of the two. If so, the CONSULTANT shall provide a copy of the information in digital form. d. The CONSULTANT may elect to use rectified aerial photography or other aerial photographic methods, subject to approval by the CITY, as part of the topographic survey requirements. The use of photography does not relieve the CONSULTANT from field locating any topographic features that may be obscured from the image. e. The CONSULTANT shall be responsible for any additional land survey such as stream cross-sections, horizontal and vertical control and other tasks that may be required to meet the considerations of the MANAGEMENT PLAN. f. The CONSULTANT shall provide on 111 equals 200' aerial maps: 1. Main basin boundaries 2. Sub~basin boundaries 3. Sub-basin number (from model) 4. Node and reach number (from model) 5. Stream channel cross-section location and number and centerline stutioning along each of the main channels. , I : I J I 10 (;"";", ',;'.. I I I " i 2.3.6 6. 7. Proposed channel improvement locations Existing channel right-of-way and right-of-way proposed improvements Storage areas Structure numbers width needed for any 8. 9. 10. 25 and 100 year frequency, 24 hour duration storm flood boundary for existing land use conditions and for proposed improvements with known future developments. II. All elevations shall be NGVD g. The CONSULTANT shall also provide flood profiles for the storms and conditions previously specified showing all drainage structures located within the Alligator Creek flowwuy. The CONSULTANT shall identify locations, sizes, dimensions with invert elevations for drainage structures, in the existing and proposed conditions. This information shall be provided on 24 by 36 inch drawings and shall include the following: 1. Establish baseline of survey utilizing existing control points und newly established positions by GPS and/or conventional surveying procedures. 2. Establish vertical controls via published benchmarks. 3. Obtain cross sections on the main channel(s) of Alligator Creek and the main tributaries at approximately 500' intervals. 4. Obtain cross section and/or profile of all intersecting cross ditches, swales, canals, etc., as instructed in the field. 5. Locate horizontally and vertically all structures within Alligator Creek and main tributaries. Structures include storm sewers, flood control structures, bridges, exposed utility crossings, ete. 6. Right-of-\vay services shall include obtaining existing property appraisal maps, subdivision plats, etc., and preparing a composite drawing showing the existing right-of-ways and easements. 7 All data to be supplied in digital format for GIS. The CONSULTANT shall provide mylar deliverables of aerial maps and flood profiles as described. All drawings shall be signed and sealed by an engineer registered in the State of Florida. Geographic rnformation System (GIS) Database The MANAGEMENT PLAN shall' include GIS representations, if applicable, in ArcInfo format detailing: II ~.l.t.>c ~, a' water quality b. habitat identification c. stream conditions (erosion, hardening, sedimentation) d. survey data (topography, channel cross sections, structure elevations, etc.) e. basin characteristics (SCS soil types, impervious surface area) f. land use and cover type information for existing and futurc conditions g. areas of conceptual improvement h. areas to purchase property i. areas to construct water quality treatment Ul}d flood attenuation ponds j. areas to construct channel improvements and drainage structure replacements k. areas for planting and other ecological restorations 1. other areas as applicable to support the MANAGEMENT PLAN: m. 25, and 100 Year water surface profiles for existing land use conditions and for proposed improvements with known future developments. n. 25 and I 00 Year flood plain boundaries as above, superimpose~ on } 11=200' aerial photographs The CONSULTANT shall provide a user's manual and disc, and instruction sufficient to enable the CITY and PROJECT REPRESENTATIVES to read, manipulate and edit the data set. The CONSULTANT shall provide hands-on training sessions (a total of 16 hours) at the completion of the project on the use of the delivered product data sets. These training sessions will be formatted on the assumption that the attendees have a working knowledge of ARClInfo. The CONSULTANT shall use the MAPPING AND GEOGRAPHIC INFORlvlATION SYSTEM, STANDARDS AND CONVENTIONS, FINAL REPORT July 23, 1993 prepared by the Water Management Districts in the development of the GIS. GIS linkage shall be provided for those aspects required to feed the watershed modeling. 2.4 WATERSHED MODELING (COMPUTER MODELING) . The objective of this task is to simulate existing conditions in the WATERSHED to provide baseline data for evaluating the existing storm water management facilities in addition to evaluating the effectiveness of proposed improvements on both water quantity and quality. The use of a linked wntershedlwatcrbody model shall integrate hydrologic, hydraulic and water quality featurcs of the W A TERSI-IED. 12 ~";. ~ 2.4.1 The CONSULTANT shall considcr the applicability of using SWMM and WASP models for this task. Thc CONSULTANT will prepare a report summarizing the justification and rationale behind the selection of the modcl(s). The CONSULTANT shall submit recommendations of the preferred software to the CITY and PROJECT REPRESENTATIVES for approval. The basic model configuration to be used for the Alligator Creek Comprehensive \Vatershed Management Plan will consists oftwo main areas of analysis, watershed and waterbody modcling. It is anticipated that the SWFWMD Linked Watershed/Waterbody ,Model will be used as the basis for this application. However, modifications will be made to the existing model to account for the integration of the SWMM EXTRAN Block. , j i I I I I . l 1 I i 2.4.2 Thc EXTRAN model will be used to analyze the processes associated with flood control. The system will include the development of the runoffhydrographs and the routing of the hydro graphs through the Creek and the stonnwater conveyance structures. The applicable Levels of Service for flood control will be to maintain the runoff generated by the 25-year, 24-hour storm within the drainage system and that no structural flooding (ie. homes and businesses) would occur under the 100-year, 24-hour storm runotl' conditions. Therefore, the stonns to be modeled will include the 25-year and 1 pO-year frequency, 24-hour duration storms. The flood control/water quality model will be calibrated and verified using the USGS data. It will be the CITY'S responsibility to provide the necessary data to conduct this work effort. Currently, flow and stage data are available at two sampling stations. Also, concurrently with this project, the USGS will initiate a water quality/water quantity data collection program at three stations along the creek. Calibration/verification will conducted using data from a minimum of two stations. Comparisons of predicted and observed data will be minimized. Error analysis will be conducted to estimate the model accuracy. 2.4.3 Modeling will be accomplished for existing land conditions using the Florida Land Use and Land Classification System (FLUCCS) and for proposed improvements with known future developments. The CONSULTANT will use a GIS approach by which the land use data will be integrated with thc hydrologic/hydraulic and watcr quality data in an ArcInfo format. A hydrodynamic/waterbody model will be used to assess existing and future water quality conditions in the watershed. Eutrophication modeling using WASP will be . applied to the area of the main channel from east of Belcher Road to the Alligator Lake weir. The hydrodynamic model will be applied first to predict transport through the system. It is anticipated that water quality simulations will be conducted assuming a "simple eutrophication" level of complexity assuming a constant phytoplankton concentration. Additionally, separate full eutrophication analysis will be made for Alligator Lake and Lake Chautauqua. Water quality evaluations will be conducted 13 t' ::'f,' throughout thc watershed based on pollutant loads developed from land use and other information. The water quality analysis will encompass two types of simulations: single event and continuous 365-day simulations. The single event simulations will include modeling of a typical frequent storm in the watershcd to be identified through a rainfall pattern analysis. The rainfall volume for this storm is expected to be between one half and one inch. The long-term simulation will provide a 365, daily continuous simulation based on actual collected rainfall with dry season and wet season pollutant loadings. This simulation will be conducted assuming a typical annual rainfall pattern, also to identified from the rainfall analysis. The model will be calibrated using a representative subset ofthe available watcr quality data. The USGS data will be used to the extent possible. The CITY will be responsible to provide the calibration/verification data. The calibration will define site specific parameters and kinetic constants appropriate for the prediction of water quality. The final values of all parameters and coefficients will be evaluated to insure that they are within reasonable ranges, as compared to values in the literature or based on studies of similar systems. Where possible, the calibration data set wiII cover a broad range of environmental conditions, such as wet and dry seasons since the relative impoqance of different kinetic processes may vary. In the case where a reasonable calibration can not be obtained (as jointly determined by the technical team, the CITY and the project representatives), possible causal factors will be identified and recommendations made either to further refine the model or to obtain additional data to further define the problem. Where data are not available for adequate calibration, critical parameters will be identified and subjccted to sensitivity analyses to dctermine the impact of their uncertainty on model predictions. Similar to the flood control model, once the initial application is complete, the watcrbody model will be verified against one or more additional (independent) subsets of the available data and a skill test pcrfonned to document the accuracy and precision of model predictions. The evaluation of the results of the model validation will include a limited skill or error analysis to estimate the model's accurncy. Model accuracy will be assessed through graphical and statistical comparisons of modcl predictions to field data. At a minimum, a least square analysis will be performed comparing predicted and observed constituent concentrations and associated coefficients of determination (r2) will be used to assess model skill. A sensitivity analysis will also be conducted at this stage to estimate analysis will also be conducted at this stage to estimate the impact of uncertainties on model predictions. 2.4.4 The CONSULTANT shall provide a narrative und disc for the modeling effort nnd provide documentation of all raw data used in dctermining input values. Documentation of this work effort shull includc, but not be limited to, the graphical and tabular : I , , I 14 ~;'1~, ',,, .. presentation of nil calibration comparisons and description of the design storm process along with tabular descriptions of modeling input and output, including rates, coefficients, peak flows and stages. The CONSULTANT will prepare an interim report describing the modeling effort and provide documentation of all raw data used in determining input values. The values selected for the models will be reported along with comparisons of predicted and observed data for the calibration period(s). Discrepancies between model predictions and measured data will be evaluated. 2.4.5 Upon completion of the model application, the project team will provide training (40 hours of hands-on training) in the use of the various model components. Components of the workshop are expected to include: · A brief overview of model(s) theory · SWIM-RUNOFF, TRANSPORT, RAIN, EXTRAN · RIVMOD, DYNHYD, others · An overview of model linkages · Lateral inflow · NPS loads · Hydrodynamics · A description of modeling assumptions · An overview of modeling assumptions · Examples of model(s) results · Hands-on training Training will be coordinated with the CITY upon completion of the watershed modeling effort. 2.5 IDENTIFrCA TION OF PROBLEMS AND POTENTIAL SOLUTIONS 2.5.1 Evaluate Existing Conditions Evaluate Existing Conditions. The methods to be used for this task will include field studies, data analysist and computer model simulations. The data analysis will 15 I:..... . includc thc approved Level of Scrvice criteria to idcntify those areas where the existing system' does not provide an acceptable Level of Servicc. Evaluation of existing conditions will be based on the surface water profiles developed under Section 2.4. Specific eriteria used to dctcrmine nn acceptable Levcl of Service for water quality and natural resources documented in Section 2.2 and 2.3 will be submitted to the CITY for approval. rn addition, a revicw of the cities' and county complaint files will be conducted. 2.5.2 Evaluate Future Conditions Evaluate the Level of Service with known future development conditions to identify those areas where the existing system is not expected to provide an acceptable Level of Service. 2.5.3 Develop and Evaluate Potential Solutions After compiling and evaluating the data documented in Section 2.2, the CONSULTANT shall begin the development of potential solutions to address conditions in the WATERSHED that do not meet an acceptable Level of Service. The identification of these potential solutions will take into account existing as well as future watershed development conditions. ..: Potential solutions shall include but not be limited to the following: a. floodplain, water quality and water quantity regulations b. base flow munagement and restoration c. wetland restoration, enhancement, and creation d. conservation and restoration of natural waterways e. vegetated buffers along stream corridors and riparian areas f. lined and unlined channels g. selected or limiteq structure improvements h. regional detention and retention facilities 1. groundwater recharge J. non-structural improvements and methods, including source reduction programs k. multi~use facilities 1. proposed revisions to designated land use or zoning m. minimization of mitigation to that absolutely necessary to construction 2.5.4 rn the developmcnt of the MANAGEMENT PLAN, the following concerns shall be ! , \ r , I I 16 I :tr..,..., ~~11;....r..'t"".,,,, '." ,~.' . '.:; , I I Of I addressed in the fonnulation of the final recommendations. Not nil areas of concern may require improvements, but should be addressed. a. Acceptable pollutant and nutrient loads b. Use of pesticides c. Use of fertilizers . d. Discharge of automobile waste e. Hazardous waste and petroleum contaminated properties f. Environmental Educational and A warcness levels g. Drainage areas in need of treatment by either regional or local systems h. Improper disposal of yard wastes and other trash i. Management of aquatic vegetation j. Local weed or insect control programs k. Erosion control and the reduction of sediment transpo~ I. Street cleaning m. Creek and ditch mowing m. Reclaimed water use n. Illicit discharges into the sewers, surface waters or groundwater o. Land Use p. Retrofit opportunities q. Habitat identification, flora and fauna r. Wildlife needs and habitat restoration s. Exotic plant control t. Vegetated wildlife corridors and buffers u. Septic tanks v. Maintenance of existing retention systems w. Historic and current landfills x. Polluted stream sediments . y. Atmospheric deposition z Residence time of stream pollutants an. ' Channelization of streams bb. Impact of power boats on turbidity, nutrient resuspcnsion, erosion, vegetation, wildlife, etc. I I. 17 2.6 EV ALUA nON OF POTENTIAL SOLUTIONS 2.6.1 Once the target conditions and associated LOS in the watershed are agreed upon, the potential solutions will be evaluated and prioritized based on pre-established evaluation criteria. The CONSULTANT shall develop a method to prioritize the potential solutions which shall, in addition to criteria delineated in 2.3.5 include assessment of: Drainage problems (erosion, sedimentation) Flooding (frequency: 25, 100 yrt severity: streets, yards, homes) Water quality (measurable and cost~effective improvements) Natural resource impacts (enhancement or loss) Need to ensure Public safety and welfare Recreational benefi ts Water supply potential Construction costs Dollar estimate of benefits Requirements for right-of-way and costs Operation and maintenance and costs Perrnitability Public acceptance Economic support 2.6.2 Preliminary Report a. The information amassed thus far will be submitted in a Preliminary Report. The submittal of the findings and conclusions shall include a matrix which shows, at a minimum, the relationship of each potential solution in tenus of criteria listed in 2.5.1. The intent of the matrix is to support the narrative, by giving rationale for selecting a particular solution in an easy to understand fonuat. The CONSULTANT shall develop the written evaluation including schematic plans and cost estimates for construction and land acquisition that will be supportive of viable solutions being. submitted to the CITY and PROJECT REPRESENTATIVES for consideration as improvements to meet the needs of the MANAGEMENT PLAN. i' ~,' . , i: a. b. c. d. e. f. g. h. I: i. j. , I k. I. m. n. , ~. ~ An important consideration of this project will beach achievement of the Pollution Load Reduction Goals (PLRGs) being established for Tampa Bay per State Water Policy Chapter 62-40.432 F AC. ~ ", l I J t ! j \ I J I I \ i I 1 I J 1 J f I 18 ;~'-"'q . I ! ; b. Following review by the CITY, and other PROJECT REPRESENTATIVES, the CONSULTANT will refine the Preliminary Report. Information gathered will be updated to reflect any changcs. Subsequent to this review, the CONSULTANT shall schedule meetings with Environmental pcrmitting agencics having jurisdictional authority, for thc purpose of acquiring comments for each potential solution. PROJECT REPRESENTATIVES shall accompany the CONSULTANT on meetings with other agencics. The CONSULTANT shall develop a recommended combination of potential solutions for further evaluation as the recommended Program based on input from PROJECT REPRESENTATIVES and the permitting agencics. 2.6.3 Draft Final Report a. Identify a recommended Program based on the combination of the various potential solutions developed in Sections 2.5.1 and 2.5.2. b. Model the Program to determine effect upon water quality and flood control. c. Evaluate the Program based on criteria and method developed in 2.5.1. d. Submit draft final report on the above with the CONSUL TANrs recommended final Program ' e. With input from PROJECT REPRESENTATIVES the CONSULTANT shall select the final Program subject to approval by the CITY, and other PROJECT REPRESENTATIVES. f. The CONSULTANT shall prepare conceptual plans for the top (3) ranked projects to demonstrate the permit and construction feasibility, and cost effcctiveness of each project. 2.6.4 Final Report a. Prepare final modeling of selected II Program. II b. The Final Report (MANAGEMENT PLAN) shall include development of a method to prioritize projects based primarily upon the potential effectiveness of reducing pollutant loads, flooding conditions, and other drainage problems and secondarily on the potential for increasing natural habitat, and the availability of public-owned property on which to construct the improvements. The Final Report shall also prioritize the top three projects for implementation based on the method developed. 2.7 REGULATORY AGENCY REVIEW 2.7.1 In order to determine pemlitability and develop meaningful comments from permit and permit review agencies, the CONSULTANT shall seek comments from permitting agencies having jurisdiction over tne WATERSHED area for the recommended Program, identified during the development of the Draft Final Report, Section 2.6.3. These comments will be used for development of the final selected Program. The 19 ~".\' . CONSUL T ANT shall schedule meetings with the various agcncies and shall give adequate notice to the CITY of each meeting schedulcd so that CITY and other PROJECT REPRESENTATIVES can be in attendance. Subsequent to obtaining affirmative comments for the selected Program, thc CONSULTANT shaH proceed with development of the Final Report. .' \1 2.7.2 Pemlitting agencies having jurisdiction may include, but are not limited to, the Florida Department of Environmental Protection, U.s. Army Corps of Engineers, Southwest Florida Water Management District, Florida Game and Fresh Water Fish Commission, U.S. Fish and Wildlife Services, U.S. Environmental Protection Agency. Review agencies may include the Tampa Bay National Estuary Program, and the Tampa Bay Regional Planning Council. 2.7.3 The CONSULTANT shaH make revisions to the MANAGEMENT PLAN (Final 'Report) as needed to include comments from the permitting agencies. 2.8 PRESENTATIONS, PUBLIC MEETINGS AND TECHNICAL LIAISON ~1 The CONSULTANT shall keep accurate minutes of all meetings and distribute copies to all participants, within seven (7) calendar days after the meetings. The meetings shall be set up through the CITY and PROJECT REPRESENTATIVES shall attend. The CONSULTANT shall coordinate with the CITY and prepare the necessary agenda for each meeting to be held. Agenda shall be submitted to the CITY at least five (5) days prior to any scheduled meeting. All display material shall be developed and prepared by the CONSULTANT. 2.8.1 Prior to the commencemcnt of MANAGEMENT PLAN activities, the CITY will conduct with the CONSULTANT one project initiation conference for the purpose of discussing issues relative to the MANAGEMENT PLAN and submittal schedules and to convey to the CONSULTANT such items provided for under Section 2.1 as may be required and available at that time. 2.8.2 The CONSULTANT shall be required to participate in a regularly schcduled monthly Status or Progress Meeting during MANAGEMENT PLAN development. It is anticipated that PROJECT REPRESENTATIVES will attend the project initiation conference and the monthly status review meetings. 2.8.3 The CONSULT ANT shall make a total of three presentations to the CITY and PROJECT REPRESENTATIVES for the recommended Program identified in Section 2.6.3 and at any point in the MANAGEMENT PLAN development as requested by the _ Director of Environmental Management. 2.8.4 The CONSULTANT shall be required to conduct, with assistance from the CITY and at a location to be provided by the- CITY, all pre.permit application meetings and two public information meetings concerning the recommended and selected Program. The meeting will have an extended format allowing casual public review and comment over 20 . .' . I a pcriod of thrcc to four hours at a public location to be provided by thc CITY. The purpose of the meetings is to inform the public of the recommended and selected Program as well as gather public input. 2.8.5 Public Information Mceting Requirements These meetings arc to be advertised and conducted as an information meeting. The CONSUL T ANT shull conduct the meetings and prepare all necessary advertisements, notices, displays, maps, scripts, etc. The CITY and PROJECT REPRESENTATIVES will assist the CONSULTANT in conducting the meetings. The CONSULTANT may be required to actively participate in a portion of the presentation as follows: a. All presentations (script and graphics), media releases, legal and display advertisements, and general (mass) property owner letters will be prepared, published and distributed by the CONSULTANT as authorized by the CrTY, after approval by the other PROJECT REPRESENTATIVES. b. Display Advertisements. A black and white, quarter page display advertisement announcing thc meeting shall be prepared by the consultant and submitted to the CrTY for approval. The consultant will publish the advertiscment in the area newspaper(s) having the largest daily circulation. c. News releases shall be prepared by the CONSULTANT and submitted to the CITY for approval prior to publication by the CONSULTANT. d. A Memorandum with location shall be prepared and sent to the CrTY Project Manager for submission to the CITY Public Information Department for distribution. e. The meeting format shall be developed by the CONSULTANT and approved by the CITY. f. Prepare displays or wall graphics for use during the meeting. These may include typical sections, aerial photographs, renderings, charts, and graphs, as needed. g. Prepare the script for a formal tape recorded presentation, if used, to include synchronization with 35mm color slides (at CONSULTANT's option). h. Prepare camera-ready graphics to be used with a formal presentation (if this technique is used, it will be at CONSULTANT's option). 1. A briefing by the CONSUL T ANT of staff and CITY and PROJECT REPRESENT A TIVE(s) who will participate in the Public lnfomlation Meeting shall be held at least five (5) working days prior to the Public Information Meeting. The briefing shall be combined with a monthly progress meeting. The purpose of the briefing is to insure that the staff and Project Representatives are familiar with and up-to-date on the proposed MANAGEMENT PLAN. The briefing will also provide opportunity to review the proposed Public Information Meeting format und all visual display and presentation items prior to the meeting, therefore, 21 ; I I .~ jo. , ;j 2.8.6 " allowing time for any required revision to these items. J. Following the completion of each Public rnforrnation Meeting, an in-house meeting with the CITY and PROJECT REPRESENTATIVES will be scheduled by the CONSULTANT to address public input. The CONSULTANT will review the public information gathered and prepare his recommendations regarding any viable public comments that may improve the MANAGEMENT PLAN. The CONSULTANT shall be required to muke a presentation to the CrTY ComrnissionerJ in conjunction with the Draft Report. All display material shall be . developed and prepared by the consultant. The CONSULTANT shall be required to make three (3) additional presentations, onc (l) each to the City of Safety Harbor and Pinellas County Commissions and the Southwest Florida Water Management District, Pinellas-Anclote Basin Board. All display material shall be developed and prepared by the CONSULTANT. 2.8.7 2.8.8 With written authorization, anyone of the above meetings may be substituted for another meeting in the Twnpa Bay area without added cost to the CrTY. If the total public meetings and presentations as identified in this Agreement are exceeded, compensation may be provided in accordance with Section 7 of this Agreement. SECTION 3 SUBMITTALS 3.1 SUBMITTAL REQUrREMENTS (GENERAL) Each submittal called for below shall be delivered with a transmittal letter signed by the CONSULTANT's Project Manager stating that the submittal package is complete, and all pertinent calculations and details havc been checked for accuracy and completion. Checks will be perfonued by the CITY to confirm that the submittal is complete. rncomplcte submittals shall be returned to the CONSULTANT. All engineering documents must be signed and sealed by a Professional Engineer registered in the State of Florida. 3.1.1 Invoicing from the CONSULTANT and payment by the CITY shall be directly correlated to submittal progress. 3.1.2 . The CrTY in no way obligates itself to check the CONSULTANT's work and further is not responsible for maintaining project schedules. 3.1.3 The actual acceptance by the CITY of any submittal, or the final acceptancc by the CITY of the MANAGEMENT PLAN documents and reports provided for in this Agreement, shall neither constitute nor imply any review or approval by the CITY of the services 22 performed by the CONSULTANT under the provisions of this Agreement, but shall indicatc only the CITY's acceptance of the CONSULT ANT's affirmation of compliancc with the provisions and intcnt of this Agreement. 3.1.4 By executing this Agreement the CONSULTANT accepts the responsibility and obligation to corrcct, to the satisfaction of the CITY Engincer and Director of Environmental Management, and at no additional cost to the CITY, any and all deficiencies in the preparation of the reports for this MANAGEMENT PLAN resulting from errors or omissions at such time and whenever the deficiencies may become known. Final acceptancc by the CITY of the MANAGEMENT PLAN reports and contract documents provided for in this Agrcement shall not relieve the CONSULTANT of compliance with the intent of this Agrcement to provide the CITY with documents that are complete in every respect. 3.2 SUBMITI AL REQUrREMENTS (MANAGEMENT PLAN) Prior to the pre-commencement meeting, the CONSUL T ANT shuH prepare a submittal schedule for the MANAGEMENT PLAN for review und approval by the CITY and PROJECT REPRESENTATIVES. 3.2.1 MANAGEMENT PLAN (Preliminary Report) ~ The Preliminary Report shall summarize the data gathered and existing watershed conditions; then tabulate potential solutions to problems in the watershed, concepts for future development of the watershed, best management practices for all categor~es of management, wildlife habitat improvement, invasive species removal and establishment of floodplains and upland buffers. The CONSULTANT shall utilize data provided by ongoing studies by Pinellas County and Cities. The CONSULT ANT shall develop recommendations for levels of service, or targets for reduction of pollutant loadings within given time frames. CITY and PROJECT REPRESENTATIVES will review the Preliminary Report and return \mtten comments to the CONSULT ANT within 30 days, at which time the CONSULTANT shall continue preparing the Draft final Report in accordance with Section 2.6.3. 3.2.2 MANAGEMENT PLAN (Draft Final Report) ~ The consultant shall refine the evaluation matrices described in Section 2.5 and develop computer models. The Draft Report shall include, water surface profiles and aerial extent of existing flooding and of design storms, recommendations for specific projects (structure sizes and channel cross" sections), schedules for implementation, priority listing for proposed construction. and performance criteria. PROJECT REPRESENTATIVES will review the Draft Final Report and return written comments to the CONSULTANT within 30 days. The . CONSULTANT shall refine the recommended Program of Draft Final Report with input from the PROJECT REPRESENTATIVES and permitting and review agencies to develop a selected Program for tl~e Final Report, or MANAGEMENT PLAN. 3.2.3 MANAGEMENT PLAN (Final Report) - The Final Report is the culmination of all data gathering, Program selection and planning efforts for the Comprehensive Watershed 23 . !~~:I,.~ ~. ,. , , . Management Plnn. It combines the elements ofthe Preliminary and Draft Final Report into a comprehensive Program for the watershed. 3.2.4 The CONSULTANT shaH deliver fifteen (15) copics of the Preliminary Reportt Draft final Report, and Final Report to the CITY. SECTION 4 IMPLEMENTATION The Implementation Phase of the project, if a determination is made to proceedt will include the final design and pennitting ofthe top three prioritized PROJECTS recommended in the MANAGEMENT PLAN. Compensation to the CONSULTANT for these ADDITIONAL SERVICES may be negotiated as an amendment to this Agreement in accordance with Section 7.0. SECTION 5 SERVICES TO BE PROVIDED BY THE CITY The CITY shall provide the following for the CONSULTANT's use and guidance: 5.1 Copies of all existing drainage studies and plans, computer information, existing maps, existing aerial photographs, as built construction plans and other available infonl1ation and data pertinent to the WATERSHED PLAN which the CITY and PROJECT REPRESENTATIVES may have in their possession. 5.2 Copies of CITY and other PROJECT REPRESENTATIVE Comprehensive Plans 5.3 Make available existing development/site plans pertinent to the WATERSHED PLAN on record with the CITY. 5.4 Copies of PineUas County, Clearwater and Safety Harbor Stormwater Atlas Maps and/or Stormwater Management Plans.. 5.5 Reproducible of any standard drawings applicable to the MANAGEMENT PLAN. 5.6 Water quality data generated by the CITY and Pinellas County including USGS datu to be used for calibration and verification. 24 l'N", . 6.1 6.2 6.3 7.1 " SECTION 6 PROGRESS REPORTS i i I. I ! I Subsequent t.o receipt of the "NOTICE TO PROCEED,tI and'prior to submittal of the first invoice for fees carned, the CONSULTANT shall submit for the CITY's approval a schedule showing the completion dates for the various work items and milestones comprising the total work effort estimated to be required for the completion of the BASIC SERVICES provided for in this Agreement under Section 2, the weight of each work item in proportion to the total work effort, and the portion of the total BASIC FEE assigned to each work item. ! , I r 1 I , ~ < I 1. I , ~ ~ ~ I ~ ~ ~ The CONSULTANT shall submit to the CrTY, no later than the tenth day of each month, a progress report reflecting the PROJECT status, in terms of the total work effort estimated to be required for the completion of the BASIC SERVICES, as of the last day of the preceding month. The report shall show all work items, the percentage complete of each item, the percentage of total work effort represented by each itcm, and the percentage of total work effort completed. All progress reports and invoices shall be mailed to the attention of the CrTY's Project Manager, Environmental Management, City of Clearwater, P.O. Box 4748, Clearwater, Florida 34618. . SECTION 7 COMPENSATION TO THE CONSULTANT The CONSULTANT shall be compensated for all scrvices rendered under this Agreement in accordance with the provisions of Schedulc 2. " 7.2 Services described and provided for under Section 2.0 will constitute the BASIC SERVICES provided for in this Agreement. For the BASIC SERVICES provided for in this Agreement, the CrTY agrees to pay the CONSULTANT fee of $496,964 which amount shall constitute the total BASrC FEE. The BASIC FEE shall be the total and complete amount payable to the consultant for the performance of the BASrC SERVICES, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of the BASIC SERVICES. In \he event that this Agreement is terminated under the provisions of this contract the total and complete compensation due the consultant shall be as established by the CITY based on its determination of the percentage of Basic Services work effort completed to date of termination. 7.3 Contingency Services - When authorized in writing by the CITY, the CONSULTANT shall 25 ~f\ !: furnish serviccs such as revisions to schcmatic plans, additional surveying, and water quality monitoring that may result from the desires of affccted property owners, or utility owners, or from othcr unforescen circumstance resulting in minor changes in the MANAGEMENT PLAN scope. Contingency serviccs could also include, but not be limited to, cnvironmcntal/contamination assessments and various survey services as required. ~ ~ The CITY agrees to pay the CONSULTANT, a negotiatcd fee based on the work to be performed under cOlltingency services, up to an amount not to exceed ten percent of the BASIC FEE.. 7.4 Additional Services ~ When approved as an amendment to this Agreement, and authorized in writing by the CITY, the CONSULTANT shall provide such additional services as may become necessary because of changes in the services delineated in Section 2. Additional services may also include but are not limited to the followir.n: ~ The preparation of design and construction plans, permit applications, and specifications for the top three prioritized PROJECT(s) as delineated in the Planning Phase of the MANAGEMENT PLAN. An expanded analysis and reports/plans needed as a result of project investigations. Provide as~built drawings/record drawings of the PROJECT(s). The CITY agrees to pay the CONSULTANT a negotiated total fee based on the work to be performed under additional services. SECTION 8 SCHEDULE OF PAYMENTS The CITY shall make monthly payments to the CONSULTANT in accordance with the . following terms: 8.1 The CONSULTANT shall submit, with each of the monthly progress reports provided for under Section 6.2, three (3) copies of an invoicc for fees for work accomplished. The invoiced fee earned, expressed as a percentage of the total BASIC FEE, shall correspond to the perccntage of the total BASIC SERVICES work effort completed as reflected by the progress report. 8.2 For the work effort pcrformed toward"the MANAGEMENT PLAN described in Section 2, the total amount invoiced for fees earned shall not exceed seventy percent (70%) of the total BASIC FEE until the Preliminary Report submittal has been received and approved by the 26 I i;~.. .,~,~., . - PROJECT REPRESENTATIVES and shall not exceed cighty pcrccnt (80%) of the total BASIC FEE until the Dratl Report submittal has bcen rcceived und approved by the PROJECT REPRESENTATIVES and shaU not equal or excecd nincty perccnt (90%) of the total BASIC FEE until the WATERSHED PLAN (Final Report) has been reccived and acceptcd in writing by the PROJECT REPRESENT A rIVES. The remaining ten percent (l0%) is due to the CONSULTANT upon approval by the PROJECT REPRESENTATIVES of the Final Rcport. " :1 8.3 Invoiccs not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be rcturncd to the CONSULTANT for correction. SECTION 9 PERIOD OF SERVICE 9.1 The CONSULTANT will begin work promptly after receipt ofa fully executed copy of this Agreement; such rcceipt shall constitute written notice to proceed. 9.2 rf the CONSULTANT's design services called for under this Agreement are delayed for reasons beyond the CONSULTANT's control, the time of performance shall be adjusted appropriately. If the design services under this agreement continue for a period of more than two (2) years from the beginning date (as above provided), the fees contained in Schedule 2 shall be subject to renegotiation; any change in such fees shall apply only to the unfinished services as of the effective date of such change. SECTION 10 INSURANCE REQUIREMENTS 10.1 Workers Compensation and Employers Liability - The CONSULTANT shall procure and maintain, for the life of this Agreement. Workers Compensation Insurance 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. 10.2 General Liability - The CONSULTANT shall procure and maintain, for the life of this Agreement, General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. Coverage shall be no more restrictive than the latest edition of the Commercial General Liability Policics of thc Insurance Services Office. 27 .' ~) ~.~ 10.2.1 This policy shall provide coverage for death, bodily injury, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. 10.2.2 The minimum limits of coverage shall be $500,000 P~r Occurrence Combined Single Limit for Bodily Injury Liability and Property Damage Liability. 10.2.3 The CrTY shall be included and identified as an Additional rnsured under the policy/certificate of insurance. 'i 10.3 Business Automobile Liability ~ The CONSULTANT shall procure and maintain, for the life of the Agreement, Business Automobile Liability rnsurance. The minimum limits of coverage shall be a $300,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. Coverage shaU be no more restrictive that the latest edition of the Business Automobiles Policies of the rnsurance Services Office. 10.4 Indemnity - The CONSULTANT shall defend, indemnifY, save and hold the CITY harmless from any and aU claims, suits, judgments and liability for death, personal injury, bodily injury or property damage arising directly or indirectly from the perfonnance of this Agreement by its employees, subcontractors or assigns, including legal fees, court costs, or other legal expenses. The CONSULTANT acknowledges that it is solely responsible for complying with thc terms of the Agreement. 10.5 Professional Liability ~ The CONSULTANT shall furnish proof of Professional Liability (Errors & Omissions) coverage on an occurrence or claims~madc fonn with a retro~activc date inception of contract with CITY or earlier. The minimum limits of coverage shall bc $500,000 per occurrence, with deductiblc or self-insured rctention (S.r.R.) indicated. 1 0.6 SUPPLEMENTAL PROVISIONS 10.6.1 The insurance coverage's and conditions afforded by this policy shall not be suspendcd, voided, canceled or modified except after thirty (30) days prior written notice by certified mail return receipt requested has been given to both the CITY Engineer and the Risk Managcment Office of the CrTY. 10.6.2 Certificates of Insurance meeting the specific required insurance provisions 8pecified within this Agreement shall be forwarded to both the CITY Engineer and Risk Management Offices of the CiTY and approved prior to the start of any work. After review, the Certificate will be filed with the CITY Clerk as part of the official contract file. 10.6.3 Receipt and acceptance of the CONSULTANT Certificate of Insurance, or other similar document, does not constitute acceptance or approval of amounts or types of coverage which may be less than required by this Agreement. 28 I l"it~;",' ~ 10.6.4 Thc CITY may at its option require a copy of the CONSULTANTs Insurance Policies. 10.6.5 All insurance policies rcquircd with this Agrccmcnt shall providc full coverage from the first dollar of exposure unless otherwise stipulated. No deductibles will be accepted without prior approval from the CITY. 10.7 SAFETY AND HEALTH REQUIREMENTS 10.7.1 It is the CONSULTANTs sole duty to provide safe and healthful working conditions to its employees and those of the CITY on and about the site of Agreement perfonnance. 'The CITY assumes no duty for supervision of the CONSULTANT. 10.7.2 The CITY may order that the work stop if a condition of immediate danger to CITY employees, equipment or property damage. exists. This provision shall not shift responsibility or risk ofloss for injuries or damage sustained from the CONSULTANT to the CITY, and the CONSULTANT shall remain solely responsible for compliance with all safety requirements and for the safety of all persons and property at the site of CONSULTANT performance. 10.7.3 The CONSULTANT shall comply with the standards and regulations set forth by the Occupational Safety and Health Administration (OSHA), the Florida Department of Labor and Employment Security and all other appropriate Federal, State, and local regulations or CITY safety and health standards. I , , f f I , I , t [ 1 j I I ! t I i ; i I ; SECTION 11 REQUIRED STATEMENTS The submission of sworn statements under Section 287. I 33(3)(A) Florida Statues on Public Entity Crimes and a Drug Free Workplace in accordance with Section 287.087 are required prior to the execution of this Agreement. SECTION 12 TERMINATION This Agreement may be tcnninated by either party by seven (7) days prior written notice, in the event of substantiul failure to perform in accordance with the tcmlS hereof by the other party through no fault of the tcrminating party. If the Agreement is tenninated, the CONSULTANT shall be paid in accordance with the provisions of Schedule 2 for all work 29 .., ., . " , . ,. .,' ........ ( , . t!~...>._..' '. . . "..., . . . :~ performed up to the date of termination. I . \ SECTION 13 SUSPENSION, CANCELLATION OR ABANDONMENT In the event the project described within this Agreement, or the services of the CONSULTANT called for under this Agreement, is/are suspended, canceled or abandoned by the CITY, the CONSULTANT shall be given thirty (30) days prior written notice of such action and shall be compensated for the professional services provided and/or related fees . for which there is an irreversible obligation up to the date of suspension, cancellation or abandonment. . . .. ! I I .1 I ! ~ I ~ , ! ! 1 J 30 '. I .f> ',..' .... , . '.'. ... , .' ~ -'I..' .' . .' " . ._' :1 ,"':: . r. . . ' j lo-.... ~ ~ , ~, . t . .. ..' .:' ".: "~;- t: . . . . :} It"'...._... .', '. '. ."". I ~~ ,~. r" .". SECTION 14 \' EXTENT OF AGREEMENT This Agreement represents, together with all Exhibits, the entire Agreement between the CITY and the CONSULTANT and may be amended only by written instrument signed by both the CITY and the CONSULT ANT. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the tenus and conditions above stated on the day and year first written. ; '! J I Countersigned: CITY OF CLEAR WATER, FLORIDA By: Rita Garvey Mayor-Commissioner Elizabeth Deptula , City Manager Approved as to form and legal sufficiency Attest: 'I By: Paul Richard Hull, Assistant City Attomey Cynthia E. Goudeau City Clerk By: Attest: 31 ; , ~l~'~j~ h....... , c " , , SCHEDULE 1 KEY PROJECT PERSONNEL I' , .. NAME ORGANIzATION POSITION .: Mike Sweet Parsons E.S. Walid Hatoum Parsons E.S. Joseph Reichenberger Parsons E.S. Moris Cabezas Parsons E.S. Julia Schulten Parsons E.S. Garry Payne cel James Martin AScI Timothy Wool AScI David Wimmers G.F.Y. '. ~ { . ;. ,~ ., !' . ~, .' , ' " . " . . ' . . Ii ~ ' A '. .' o. -to Vice President Project Manager II Senior Engineer Senior Engineer Supervisor Scientist Supervisor Scientist Senior Engineer Senior Scientist Prof. Land Survey PROJECT RESPONSmn..ITY Principle-inMCharge Project Manager Technical Director Computer Modeling Ecology Water & Sediment . Computer Modeling Computer modeling Survey I II i \ I I 1 I ~~1"":'i~ , . . . !~ ALLIGATOR CREEK JOB CLASSIFICATIONS & RATES SCHEDULE 2 ESTIMATES FOR DIRECT PAYROLL COST (EXCLUDING OVERHEAD, FRINGE BeNEFITS AND OPERATING MARGIN) Job ClaaalrlC:ltlon P;tv Rale SlHR G~de MInimum 1\tp1c:l1 Mulmllm Vlca pruldenl EXE $ 43.00 $ ro.50 $ 58.00 Project Mar.ager II E11 S 29.S4 $ 37.404 $ 44 .M SuperVisor Selenu.t E10 S 27.304 $ 34.15 $ 040.96 Senior ProJ. Engl~ f09 $ 2".29 S 3O.3!i $ 36..41 Dealgner E09 $ 24.29 S 30.35 $ &U1 Sento( Engl~ EOS S 21,-41 $ 26.n $ 32.13 ProJect Engineer Eea S 21.41 $ 26.n $ 32.13 Engineer EOO S 16.91 $ 21.11 $ 25.33 Senior SclenU5t E06 S 16.91 $ 21.11 $ 25.33 Au.oel:ile Eog[neer E05 $ 1~.71 $ 18.46 $ 22.21 Selentl~t fOot $ 13.15 S 16.~ $ 19.73 As.soclale SclenU" E02 $ 10.62 $ 13,21 $ 15,92 SenIor Draner H10 $ 12.00 $ 15.00 $ 18,00 CADO Oper;ator NOS $ 10.15 $ 12,69 $ 15.23 Oraner NOS $ 10.15 $ 12,69 $ 15.23 Admin JClerlcal NOO $ 8.54 $ 10.67 S 1'2..81 Assocl;te Draner N04 $ 6,92 S 8.65 $ 10,38 The 8$Umaled hourty rales dwwn below represent Pan.on. ES 1995 co~t. ;nd categories. Periodic cn-ngH are anUclp.;led and modillcaUonI can ~ made annually upon CITY review. PROJECT COST PER TASK TASK $PER % OF TASK TOTAL 2.1 PROJECT MANAGEMENT & COORDINATION $10977 2 2.2 INFORMATION COLLEcTION & MANAGEMENT S4'2. 917 9 2.3 FIELDWORK& DATA ANALYSIS $152242 31 2.4 WATERSHED MOOELING (COMPUTER MODELING) $116.263 23 a. DEVELOPMENT OF PREPROCESSOR FOR SWFWMD $25 668 5 2.5 rCENTlFlCAll0N OF PROBLEMS & PROP. SOLU110NS $52.000 11 2.6 EVALUATION OF PROpOSED SOLUTIONS $54 420 11 2.7 PERMITS $9 600 2 2.8 PRESENTAll0NS. PUBLIC MTG'S. & TECK LIAISON $31,757 6 TOTAL $496,9&4 100 , l I [ , I, I, \1 :1 f ~ w w a: o 0:: ~ C) :J ...J <( N W ..J :J C w is II) .' ...J ~ ~ o o ~ m c ..... o 0 0 0 0 0 o 0 Cl CJ C ~ ....: N cti cd d C) ..... "'It co (Q 0 N en N N 10 en "':. NN-cDuiri...,. ...,.11) .....NIl"JU') ..... ..... ~ .... "" ~ .... th o 0 CI 0 g rri ID_ ,,_ Cl) ..... M .... d .5 W tl. u c: t ci o u 000 o 0 0 ,...,: C"i N " CI ID M_ 0 CO. ..... r::5 It) ..... M .... .... .... ci.: 0:: o U 'i3 U) <( o q o o ...,. ..... .... .... U) W U) Z o U) 0:: ct o o ...; M ~ M o c d CI o r-: .... o o d CO cq Ol ...,. .... o 0 0 0 o 0 0 C! d d d 0 oco 0 0'1 N ~ Il) O. a:> C) a) 0 N Il) ID .... .... .... .... f- B m - :E ~.~ ~ ~ o 0 o z o < z z < 0 ~ i= w 0 ~ w w ::J C) 0 ~ u ~ 5 ti ~ W 0:: ~ 0 o L1. g: Z ..... N N N CI) Ui ~ '"' z <( ~ "( o o ~ ~ 0:: o ;: 9 w u: M N o CI C q d 0 o C) c. q ...... ('II .... ~ o 0 c q d 0 o M ...... 10 N N 41) Co') o o C"'i O'l ...... to II) o o cO to co. lt) N .... 40') .... .... o q o In . to. M .... o o ....: CI ..... ('I"J. .... o 0 0 Co) q q q 0 o 0 0 d o m 0 Co) co. '0_ (Q 0 en m ai u; ~...,. N Co') .... .... .... 8' z :J w o o :i 0:: w !:i 0.. :::E o g (!) z :i ...J W o o :::E c W J: en 0:: w I- ~ ~ N o ::E ~ ~ !@ o 5 ~ U. ..J tn ~ 0 Z o tI) 0 en a: ~ ffi 0 ..J U 0::: 0 ~ ~ ci fb o:i W 0:: 0 UJ 0. 0::: ~ u.. a. 0 o L1. 0:: !z 0 0- W 6 ~ ~ ~ is 00- ...J ti: ~ ~ j:: :> w z ...J o W ~ ai 9 UJ III (Q N N z o U) 4: :J :i u ~ ~ tn fu W :i u ::i m :> 0.. en z o t= ~ ~ z :::E m 0:: w W 0::: a. a. .... co N N , .. ',' '. . f .' .' o o ..t to O'l (Q 0'1 ..,. .... o o d o o ci ..... Co') o o d co 10_ m ..,. .... o o ~ 10 u) III .... o o N o o o. OJ .... o o d (Q "!. ..... en N ... ..... a.l Cl tU 0.. ...J ~ o I- , ", ,~,: . ~: . ., ~l(l."f'"'l:r....,~ .... >,> t) . ... " ., . . . , c '>~ " ....' ." ,T '.~'~.".., ..~ ."; '. >" '. >. ~ . ,." '.. " \ I ( AGEN'~DA' . , ~ ~ ~ .. . ". . "".. ~ f. 6ATEJ_ ~_ fl5.. ... ~ . .. . , , " ' !TEM' #. --- ~ CL ; I ; 1 j l 1 \ I I l \ \ " . .. t," .. '~ f/.f? /0- " " ~:'": ,!":~ . ~ .,,1 :~.~<.. ~:f": .....-.,,-......_-11,.,.. I .1.. .. ... .. ' .,. SUBJECT: 1995 MISCELLANEOUS CONSTRUCTION PROJECTS (95-18) It~m If l J HCP,tlng DDto ! ~.3.q5 I ! .. c:rJ (p CLEARWATER CITY COMMISSION 3 q Agenda Cover Memorandum ( RECOMMENDATION/MOTION: Award a contract for the 1995 MISCELLANEOUS CONSTRUCTION PROJECTS (95-18) ~o KEYSTONE EXCAVATORS, INC. of OLDSMAR, FLORIDA for the sum of $393,400.00 which is the lowest responsible bid received in accordance with the plans and specifications, au and that the appropriate officials be authorized to execute same. BACKGROUND: This agenda item provides for the approval of seven small construction projects located throughout the city of Clearwater. The seven projects were designed by Engineering Services and are briefly described as follows: 1) Chestnut and Prospect Storm Water Treatment Pond - provides for the construction of an enlarged storm water retention and treatment facility at the southeast corner of Court street and Prospect AVe. The facility will provide a significant portion of the required storm water treatment for the Municipal Services and Public Safety Buildings currently under construction. The pond will be a dry pond between rainfall events. 2) Northeast Treatment Plant, Underdrain Repair - Provides for extension of underdrain in existing storm water treatment ponds at the Residuals Handling Facility and repair of a portion of the underdrain system damaged by previous acid spill. 3) Alligator Creek Water Main crossing - provides for construction of erosion control and structural support for the City's 12" water main which makes an aerial crossing of Alligator Creek adjacent to the Ford Dealership on North U.S. Hwy. 19. 4) Jupiter Avenue storm Replacement - Replaces a portion of existing 18" deteriorated corrugated metal storm sewer on Jupiter Ave. just north of Drew street. continued: I I Originating Ot'pt. I I Legol NIA I I II Engin~crln9 ocpn~t~ent J Budg~t e I Pu"has'n, ~ I D,,, .""t. '1 I Risk Hgmt. NIA I I I Advertised: I II IS NIA I I IODte: 06/15/95.& 06/23/95 I I ACH ] IIP{lp~r:s/. Petersburg Timesl, J ENG. I J Not r~quir~d I I PAI'lKS "'-1 I I ~ATER ~~ 'i\'~\ Aff~ct~d pilrti~s I, not i fi~d I Submitt~d by: . I : I City HDniJge?~-! Not required ! Costs: $393.400.00 (Current FY) Coumission Action Reviewed by: I I I I I I I I I I I I I ! Attachments: I ! Dudget breakdown I I aid tabulDtion dnd sl.JlIllory I I t Approv~d Funding Sourc~: Approved w/condltions Copt, Imp. )( Operating Other D~nled Cont1d to Appropriation Code(s) See aU ached. 95mllll,IIDn ...- . ",,):~" .....'1, ,~ . . \ .. .... . ,,', ~ '. . " . . ", ',"'1... , 'Page 2 continued: Agenda Item - 1995 Miscellaneous Construction projects (95-18) 5) Sadlon Water Main Extension - Provides for interconnection of existing dead end water main service from the south end of Sadlon Ave. to South Ft. Harrison Ave. The interconnection will improve potable water quality to residents on Sadlon AVe. 6) Forest Run Park, stream Erosion Control - Provides for erosion control .in existing stream bed in the westerly portion of Forest Run Park. Project will stop continued erosion of approximately 10 foot deep creek bed and save existing forested area. 7) Clearwater Beach, South street End Modifications Provides for pedestrian access improvements and restoration to the beach street ends of Kendall, Avalon, Heilwood, Glendale, Idlewild and Somerset streets. General improvements consist of new sand fencing, traffic delineaters, and sidewalk replacement. The available balances in the following codes (see attachment) are sufficient for these capital improvement projects. This project will start on or about August 21, 1995 and is scheduled to be completed within 180 calendar days. " , , ;t~:\-r .' '.~' ...: tf.. +.I \0 co 10 Ln Ln N ~ 0 a:: M N \D M \D 1O r-! 0 Q) . . a co ~ 0 ..... '<t' \fl ~ 0 co co QJ ...-I co N 0 N .q< N 0 :> .. .. '" 0 ..... 1.0 0 0I:Il 0 .-{ 0 .. .. ... ~ ~ o::r 0'\ '" \D o:r r-I f"l ~ r-! 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I.' I ;. 'I.' . ' '.' I, " ... ~ 1995 Miscellaneous Construction Projects '. I , J . I I . I 1 , 1 .1 hll American Concrete, Inc. 3000 46th AvenUe North st. Petersburg, FL. 33714 CRR leo Co n~ I. rur.1. lon, J lie. 900 \ 1261.h ^Vclm~ Not'l.h I.n rgo, FI.. J J{i.l ;1 The CO'H' CorporA \.\ Oil P.O. 00,'< 310167 Tnmpn, FlorIdn 33680 1)1\ 11118 I CollU L. " Ot'v., IIII'. P.O. Box 290068 T~mp' t' Tn "l'nr.f> I Fl.. J :Hifl7 G I i he r t. SoU Lito rll Co rl'o 1'1\ U on 510 PIIl7-/l Or., 51111.1;' 214!'i CoLl('J;~ Pork; {lr.n,'~ln 30J.Jt1 '- '- "- Kl mm I n9 Conlroct.l ng Co 1'1' . J 50 I 2ml Avenue Tnmpn, Fl.. 33005 1.- I '- ....... Oavid Nl'I~OI1 COllsl....ll::l.Inl1 Co. :H 83 A Ilt"'Ilf1 t,r. I!I Pnlm 1II\I'hor, I~I.. J46fl:1 '- .', --. '- ...... PI' 1 nee c..'onLr'nt.' I. i lIlt Cu., 'lie:. 5111 WillIg llnllrl I'n I flJ(' LI.n I rl.. ;1.1221 '- '- 5 ^' E eon I. rfle 1.11 ":~, 1111.'. J.1fHiJ - 5RI.It :;1.1'1.'1'\. Nll,'llt CIClll'WI\Lf'!', n.. :\.1{)2Q-2lHI5 '- '- Slov(' I S I~:ownvf\ I.ln!t .\ 1'11\' InJ;, 1111:. \1.\\ Nor-I.h \{PI'I\f' Homl CIr.IIl'h'nl.l'r', Iqo,'llI" 3.llil!i '-' '- \~rtlll.I-1I I:" n ~d "11"1. 1 "11 ('t; I' II/H"I!.1 UII P,P. "us r 1.11I I'n 11I1f' 1.1 (i. F t. :'112 ~:n, I 1.\ ~I (95-18) Bids Solicited - 20 .",.I Lindy nowen Construction Co. <1783 37th Street, North st. Petersburg, Florida 3371<1 COile COIH~LrllcLors, Inc. 1'.0. "0.'< 22869 "nrnpn I rol,. 33G22-2R6!1 T.^. Cummings ConsLrucLJol1 Corp. 22~ WesLgnLc Rond Tnrpon springs, Floridn 34089 flowJ'"~ ConsL. Co., Inc. 13776 46th SLr~~t, NorLh Clnnrwnl.rr, Florldn 34622 I . I<cnl'n~y !lev. Co., I no. 81121 ~lllrl.ln LlIl.hor' lUng BJvd.; ~. ,'nmpn, FI,. 336J 0 KCYHLon~ Rxcnvfil.ors, tnc. 150 Durhl1nk Rond Olrfllmllr, Florid" 34fl71 ~ITU ContracLors I I no. 1'.0. Box 40fi93 fit. Pc Lcrsburg . FI" >33701:1 OvornLrccL Pnving Compnny 13UO Donrgnn Rond Lo I'!.~o, FI,. 3464 1 pf'nlrlc ConsLrucl-lon Co., Inc, 1'.0. nox J29 !'(lllt Cll.~'1 FL. 33BfiB-012!> -' -- , . f I j I I ....; ,i -" J ..J ...- . 'I . j ! -' ... ", . ... I .[ ..\ . , oJ ) .- 're~.".:I1-"" " Ju...-2<l-1995 00111 FR()1 CtTy IF CU.I. Et-GttEERIU:.l TO G488 P.Ol ........ .. .,.... Fax Transmittal Memo 1672 If?.oI~1 ~.~--'-'-:t;.;-~:' -"--' ~-'____'N_~__'____' . ... _ _ _. . . ~ _.. .. _ .._ .. 7~.",.,1..,- 1- lor III ~ I L. From -. ._-/.:.' ""'''-'01 ~....>... '" ..- ..... -..-.. .A,J.. f.--... ..",ltAS" '..", - .. .... ~,..,~ f ~ a.l t 'c-y '7 ... .... - --... ., '" '...-.-.- --.----~:J:.4f_.___. .~-~k:~. . .., .+,,4::~. . .... ... Eo;o/ q.. . . .~:.._... ~ t.+1.-t-f...Ir. LL ~ . A~,v ~ )t r'--"'~-~;""- ..-......---11 ...... '-J K t.. ". ,,~, " .- -. . .... ... Fn" /'""l d... '. -"l~"- .u....._. .---~.- .'~'-'v; ....--.. '-"''''-b _...(...l,.1..f... ,~.c,J..Y./ .__"..._.._._,~...~.y~_....__( . .A...l_.9,)~az..,_f.~...__ .T..'~J' q, C!. f:s . tIlll'01il'on: DDtttqo On'l\I<n D~I<lt~ ! _._....~~__.__t!:/~ _ --+;,#.#]lA" .. '.. ... . -. '" '" .'''' ., . -........-.... eM b.v-. tivcp 3) CITY OF CLEARWATER. Intqrdapartmonl CorrospondancQ Sheot TO: Elizabeth M. Doptula, City Manager Richard J. 8aler, City EngIneer j~ . Kathy S. Rice. DeputY City M!nh;r William C. Stlker, AssIstant CItY Menager FROM: COPIES: SUBJECT: Genertll Ouestions Regarding MiscellllMous Consvuction Projects (Item for 8{3(95) July 21, 1995 DATE: Par our Agenda Mll8tlng. I offer the subsequent: 1. The reference to the Ford dealership is. indeed. Ken Marks Ford and the creek Is a forkod branch of Alligator Creek 2. Th' "Street End" construction Wit! bid out lost yeer and bids were solicited. The City did not receive any responsible bid on the project. In addition. the Jupiter Avenue s\ormweter was not bid out seporbtely. but I considered doing so earlier this year. I beHave that due to the large number of utlUty conflicts on this rnldentlal street end. ond thll number of dr\\llIwGVS to be tnterrupted. thl.\\ it woutd be difficult to ettuin e responsible bid at a reasonuble price due to the above ftlctors and the small size of this job if done independent of the other projects. It you need further information. please contact me at ext. 6042. RJ8111 ~oi' " ,. " ~. . TOT,:L P.Ol :..../ ',0/:'.' , ." ': , . ~..~," J~I. ~:...' , . . , ." 'T": .' , '/ ~.~~ . ~ ~. ~ ." '. ., . , .,. ~ .;!', .', .'!~. ;)'~, ~ .' ,~: "!' ,~ ~/cc . . . ' ; , , ' .c'. ]' <. ' ~.....~;.~.,'" . C : c_, H' C .0.,-, w', ,. .~". .. .",-~., ". ...~ 'c.~"'>.. 'c' .,."..... .c" ~.~......,,_ ,: SEE AGENDA DRA \\'INGS , ! .1 i ! , -*-39 , ' " . t; . . i , . , , <? :3. C( 5 ., , " . ' ~.< ", " . " " " , . j .'1- j, . ; ~ L I', , .' ,oo , ' \ i . , l I \ , r I t " F /6?,9Y , , 'I ::~~/~~-' +. . TO: FROM: COPIES: SUBJECT: DATE: .~~ .:~ '~ty /) CITY OF CLEARWATER ~ !V\ 0-- . Interdepartmental Correspondence Sheet 11 n Deptula, city Manager ~~ Art Kader, Assistant Director Parks and Rec~e 0 RECElVED ..JUL 1 7 199:.1 Ream Wilson causeway commuter Classic July 13, 1995 CHY MANAGER Westshore Alliance, Inc. recently submitted an application for the third annual "Causeway commuter Classic" to be held on Sunday, November 12, 1995 on 'the courtney campbell Causeway from Tampa to Clearwater. Attached is a request for temporary closing of state Road 60 which will be necessary for them to hold their event. In order to get a permit from the D.O.T. they will need to show that they have permission from the City commission for the closure of the road. This being the case, I would appreciate your discussing this request with the city commission at your earliest convenience. Please contact me if you have any questions. AI{: pv Attachment r;;..~ ~ ~ft 7~-L-r i , I I i 1 : I I I : I ~~ J. ~ 7Pf . ' \. . ~'.. . ~w~~:.,.! > . ~_~.~~i;:' :t~': t'~! 't\ t -f'," :~:'~. '~"" 1(., . ~. n...t; ': . . , , . .,', \' ,., I,;':. / ".:.... '::;' t.: ~.'. ", . ~L . . .'. . . . ~ I '.. 1, ., . ~ .~/ n<,"~.: :'~C'i'.I.';.f '~, ~ '/ :'< .". :i""T :~ :"';.,. c.....~ '"' '<-1 "'iII'I\. '. .. Corporate Oaks 5445 West Cypress Street SuIte 101 Tampa, Florida 33607 (813) 289-5488 FAX (813) 289-6727 ;.. "'. ~ I ~~. ~ {; .. ..;.'\ ,:: ;j ~...oi ...~ 12Ct~ "-,,I (oil-- ~midt City of Clearwater Parks & Rcereation Dcpartment P.O. Box 4748 Cleammer, FI 34618 JUl. II .1995 p AI:~':S AHO F.'i:CRr: ,', TDl-l Re: Request for Special Event and TCl1lponu)' Road Closing XUM Dear ~ ( Auached arc the forms required to be completed by lhe CHy of Cleanvatcr concerning the Causeway Commuter Classic e\'clll scheduled for Sunday, November 12, 1995. I hare completed thc City of Clcanmler's Special Event appliclllion and lUll submiuing the FDOT Temporary Closing Rcqucst form for the City to executc. Also included in this package Me lWO SCIS of plans for thc c\'cnt. 1. . If you should havc any questions or concerns regarding thesc forms. pleasc cilllmc at 2H9-54H8. Thank you for your considemtion ill this maHer. I. .lllachments BOARD OF DIRECTORS AM AlJIo Club 5oJ1l1 Austln Comp;lllles Carlton. fleld~, Ward. Emmanuel, Smith 110 Cutler. P.A Centle Club Chase B.tnkcard CIwe Home Mortgage CD Commel'tlaJ COlonial PeM Concorde ComPlllles crltikon Cushman & Waklneld Equity Ofllce Properties FaJ50Il (l(osve/lO( International Grubb 110 Ellis Hillsbof~1l Coolmunlly College HllIsbofougll County Avlallon AuthorItV Internallonal Dental PW\I lIl\l1naw..15I1Ilnl Hmlqu3rten Jim WIl\er Corp. Johnson 1. Higgllll MetUle. Ins, Dlv. MetUle RIE Dlv. Mithael B.tker Jr.. Inc. Offlc. DIIpOI Opus SouthIHomIJI1dal1 Proportlll Odonl Propertln Pllagan Gloup Prlca Waterhouse Radiant 011 5aIUeMae ~borougll Construtlors SunBank Tampa freel/It company Towermart USM Really Waller Induslrles Williams, Reed, W.lnsleln, Sdllnno 110 MangIOll.. P.A Th. WIl$Oll Company fJ:.otrltlo Ke/ll1elh E. GIllVes. Esq. 01 Carrion, Relds, Ward, Emmanuel, Smith & CuUer, P)" '!arold l!addotk Ron Rotella, EtecutlVe Director ~~"~~f <. ~. > . SUY[ 0' HOIUDA Orl'ARfIolUH or TI'IAH~PDRUtIOH REQUEST FOR TEMPORARV CLOSING/SPECIAL USE OF STATE ROAD rORM UO.O.O.U MAtHT . Ol,U PAGE I or 2 tNSTnUCTIONS OBlAIN SI(iN~TUHE5 or LOCAL LM'.' [NrOI1Cf~ENT AND CITY'COUNTY on ICIAU~ PAtOH TO SUllMIT1ING TO DEPARTME.NT 0.' TRANSPORT ATlON ^ TT ACH ANy NfCESSAFW MAPS Of1 SUPPORTING DOCUMENT!; NA!,IE ('II 01-\0A'II,>\1IQ'" Pl~~Q~ iN CHAnGl n"ll Westshbrr. Alliancp., Inc. Bonnir. L. BfJer 6/27/95 A['lORl SS (ll ORti""-lllA 110', T! t(Pl1lH.l Nu~mf fl 51 00 \1. Lemon Street. Suite 305. Tampa. Fl 33609 . 289-54AA Tltl!: 01 flitNT Causeway Commuter Classic Oll.TE 01 E\ll:tH I 51M1l1tmll'l.lr 01 [',It'n I DUf\ATI~1r. 0' [lIlNT (APPI1()~ I J AGTlJ!\L CLOSI"l(lllM[ tINCU/t)ING snTl"Q IJP flllRJlIfns. nc I 11-12-95 7:30 am 5 hours 2:30 am to 11 :30 am 9 hours PROPOSED ROUTE (INCLUDE StAlE HOAlI NLlMElER, SPECIf IC LOC'" TION, ErC -iNCLUDE MAPS' 1he event will take place on SR 60, Courtney Campbell Cfluseway utilizing the two westbound lanes from Tampa to Clearwater. The event wi 11 consist of a 5k hilOokcaPDcn, 5k & 10k run ~nd a 20/ao mile bike ride. All event wilfstart on the HillsborouQh side of the Causeway tut the 20/40 mile bike riQp' will span the Causeway over to t~e Clearwater siop. and turn aro! in the FOOT construction office site. DETOUR ROUTE jlNCLUDE AL TERNAT[ ROUteS -INCLUDE: MAPSI There is no planned detour route and the event wi 11 be held rain or shine. , NAME OF DIiPT.IlESPONSIElLE FOR TnAFFIC CONTROL. EtC [CITY POLice, SHEIlIFr's aePT ,fLOlllOA HWV PATIiOL. nc I H'lCLUDIi PRECINCT NO.1 City of Tamna Police Department ~ Sargeant Jamp.s Preston City of Clearwater Police Department ~ Lieutenant Sibert SPECIAL CONDITIONS. The event route will be appropriately coned and bi'lrricaded for the event participants a traffic crossing the Causewayon the eastbound lanes from Clearwater to Tampa. All disp booths, entertainment and refresments will be on private property or North Rocky Point Drive (city of Tmapa jurisdiction); None of this wi 11 be located on state right-of-way. THIS SECTION IS TO ElE COMPLETED WHEN PERMITTING SPECIAL USE or A STAT E ROAD FOil FILMING. tJ/A LICENSED PYROTECHNICS OPEI1.... lOR L1CI'.NSI'. NO APPROVAL OF LOCAL FIRE DEPARTMENT LIABILITY INSURANCE CARRIER POLICY EFFECTIVE DATE _ COVERAGE AMOUNT Ul,OOO.OOO MJNIMUMI LEr~GTH OF COIiERAGE DAYS FEDERAL AVIATION ",DMINISTR"TION 1o.ppnOV1o.\. fOR lOW FL'tING FILMING "DOITIONAL LIABILITY INSUR1o.NCE AMOUNT 155.000 000 MINII.'U~'1 TYPED NAME AND TIlLE (INCLUDE OADGE NO IF ApPROPIllATE) SIGNATUflE Of CHIEf Of LAW ENfOACF.MENl AGENCY OM E SIG'~CO TYPED NAMf Arm TlTl[ or CITV/COUNTV O~nClo'lL SIGNt-TunE or CITV'COlJrH~' orrlClf,L OAT( SIGNCO l nd d flY ~ I 11 AUTHORITIES CHAPTEf~ 14-65. FLORIDA AOMlNlS1RAllVE CODE', RULES OF THE DE.PARTMENT OF inMISrornATION - TEMPORARY CL05lNG AND SPECIAL use or: STATE ROADS. SECTIONS 337 406(1), 4913.06 AND 31G.00B, FLORIOA STATUTES. 621.537 \",""~~I.... . fOil'" '50.0CO.M MI,I'n .0Ut) PloOf 7 Of 2 The Permittee, shall Indemnity, defend, and hold harmtesn the Department and all at Its otticers, agents and employees horn any claim, loss, damage, cost, charge ot expense arising out 01 any acts, actions, neglect or omission by the Permittee, I\s agents, employees, or subcontractors during 'he perlormance 01 the Contract, whether direct or indirecl, and whether to any person or property to which the Department or said parties may be subject, except that neither the Permittee nor any 01 its subcontractors wlll be liable under this Article lor damages arising out of the injury or damage fa persons or property directly caused or resulting Irom the SOLE negligence of the Department or any 01 Its oHicers, agents or employees. Contractor's obligation to indemnity, delend, and pay tor the defense or at the Department's option, to participate and associate with the Departmenl in the defense and trial of any damage claim or .sull and any related Gettlement negotiations, shall be triggered by the Department's notice of claim for indemnification to Contractor. Contractor's Inability to evaluate liabflity or Its evaluatron of liability shall not excuse Contractor's duty to delend and Indemnity within seven days after such notice by the Department is given by registered mall. Only an adjudication or judgment after highest appeal is exhausted specllically Hndlng the Department SOLELY negligent shall excuse per10rmance of this provision by Contractor. Contractor shall pay all costs and fees related to this obligation and Its enforcement by the Department. Department's taiture to "oUly Contractor 01 a claim shall not release Contractor of the above duly to defend. It is understOOd and agreed that the rights and privileges herein set out are grnnted only to the extent of the Stale's rI9h\. title and Interest in the land to be entered upon and used by the Permittee, and the Permittee will, at all times, assume all risk of and indemnify, defend, and save harmless the State of Florida and the Department from and against any and all loss, damage. cost or expense arising in any manner 011 account of the exercise or attempted exercises by said Permittee of the aforesnid rights and privileges. During the event. all safety regulations of the Department shall be observed and the holder must take measures, including placing and display 01 salety devices, thaI may be necessary in order to safely conduct the public through the project area in accordance with the Federal Manual on Uniform Traffic Control Devices (MUTCD). as amended, and the Department's latest Roadway and Traffic Design standards. In case of non-compliance with the Department's requirements in effect as of the approved date of this permit, this permit is void and the facility will have to be brought into compliance or removed from the A/W at no cost to the DE:partment. Submitted by: City of Clearwater Permittee Place Corporate Seal City Manaoer Signature and Title Attested Departmenl of Transportation Approval: This Acquest is Hereby Approved Recommended for approval Title Date Approved by: r Date District Secretary or Designee DISTRIBUTION. Original - Permlltco , 5t copy. District M,"lntl?nilIlCU Olllce 2nd copy' Local Mlllntcnllncc Engineer @F![CYCl[D I'APlJ{ I I; ) j 3 o. OJ <b _ ~ ~ .~;3 ~L~ ; .~ li M ~ j ~)." '= .. ~ ~~ . "9 .., ... ~ !? g ~ ::I g ;;; l! u 1l ~~ 'l : a; ~ rJ ;; .. 1 1:::3 ~ ~ ~ t:3 ~ I i. :~ .~! t:G: .S ~ ~~ e ~~l Lte,o i ~ = .. u . &"2 I~ &! g ~ ~ ~ ~: ';lil .a: 1!<Ii 82 to C E tl '" .!!' :~ ~~ if in a ~E.8~i lIli tl<n~lD ~2ag ~~~ '2 ~~i8 l'lS"~.s lilll-~ :l':i~g~ a; ~'2!.N !. !ia Vl5~!! "l:l::i~~i ~C!~.21 .H13";!1 j)i'l S ~lil 8 5 t~. 1'~ ~ \11 J:l~!'t;5'\3 .,~_~.. t1125t:i~ ;g"'1l..1a 6 ~ 'e - ~ ~ g 0 _ .~ .5 lu: ~ ~ ~ \1 i~ ~ .r: ~ fl '" i '~:1;;!3 .~ !l ~gl!~~ c:J 8.~ "2a l~ ~ .Io! ::1 g-a .. ... .. i~ .r::l' . g>!,!~ o~~ <=,:'0 :~~ ~ g.~ o ~ .. !.~o. c ,'''1 .".. ~. i I I i1 II I ; , I () - en (J') <C ..J U c: w l- ::> :i ~ o () ~ ;: UJ (J) ::> <t U } r: /. f. ~ ~ j ~ ~ (; ~ ,. ~ l ./ t ~ ~ i ~ , { ~ I . x ~ , I I 1 P",v ~~ a../ ~ ~/?~ /; ~h~ 7 Cf\r~ 3 GREATER CLEARWATER i CHAMBER OF COMMERCE t 120 N, OSCEOLA ,WE. P.O. DOX 245c7. ClIAAWAttA.. fl O~E'(J~ft6E'Bl t · FAX 813/449.2009 I . , ! , , \ { i ! f ! t ! ! J I EJKtlllve Commlltce Ann M. Wlllr.ln. C~/l/u...BrxW S~ben It. Fowler CMintt.vt.S'" Cha rial D. R1iP! ill vc Eco",;",..cI BwiAuID,~dopm6'" Janice n. Caae VC Gtml1llMlIIDl A[fainJ E~otul/I D""lcprM'" Greaorl Brodin VCTo~ Daniel T. Pthnn VCM,,,w,nllip Judy Mltthtll VC Public RdlO/ioll.rl SlHclDl E~,1IU John P. Conntll1 Tr,AJUT" Phil M.lhndrnon /lfIIfi,tdial, PUJiI C/tQinnotl Jullw J. Zlth_u L<<,..s Counsel . PduWoodb.m , Pnsj~lIl. CEO D oard or D1rcdlll's D.vid J. Abclsm Danlc1 t.t AndNo It D. AlmIllnng 111 Cl.des l!. Ow AJ.n C. Donulcin Ita y Doucl1anl J.wi Drown RDbc.rt ^, Uutwc11 Robert W. Oynl 51.I'YaI U. Chapman Lan)' C""J'C'I' kobcn N. "1'etc- er.wfllrd DDS Sam A. D.m. II Mil')' A. Devine Edwud C. Droac Guy S. 0..,. Kcnndh G, Ihnilllm Roy O. HurcJJ. Jr. lWbo:rt n.lIcilnu.n. Jr. William lIeUa Guy Jumin GonlonJohnsm Albert N.1u.uce I'ck.tW. Kmlrlgcr " It McCwulu.1r. ANllda Mi1l(llril Frank V. Mutphy.1D Julie fl, Nlch(lla Kllhy Short IUbor1 Tatroadge Rulltldge Daryl J. Seaton Don 1.. ScalCf1 Rona.ld W. S~n Cavid 1', Slme It Cuhm Wud Doullu1. Williama TAMPA BAY C/intf.:1& 1f%.-Rft.IV.' July 18, 1995 JUL 2 0 1995 Ms. Betty Deptula City Manager City of Clearwater P.o. Box 4748 Clearwater, FL 34618 CITY MANAGER Dear Betty: We are again organizing the Morton Plant Hospital Bayside Bridge Boogie and want to thank the city of Clearwater for its support in the past to make the event sUccessful. This year, in order to complctotho permit process regarding the closure of two access routes on and off state Road GO, we need to forward to FOOT documentatIon that tho City commission is aware of the event and approves of it. We have been in contact with Lt. Wnyno Sibbort and Roam Wilson regarding our avent and tho nocoosnry road closures and will be going through tho cIty'D upoclnl ovont permitting process as we have done the past two years. Tho FOOT requires sealed city minutos fram tho commiooi.on approving the road closures for saturday, October 14, 4 n.m. to 12 p.m. These are the maximum houro tho nCCOOD randD and Bayside Bridge, from Drew st. to RooDovolt Dlvd., will be closed. Attached is a map showing the two nceooo roads. As in past years we will accommodate rcsidentu along the roadways and Clearwater police officers will bo hired for traffic control. Would you please have this item reviewed and approved at the next available commission mooting? I um available to speak at the commission meeting if you fool it'a nccasury. If you have any questions, please call mo at 4~J-J2Bl or Lynn Wargo' at the Chamber, 461-0011, oxt. 224. We appreciate your review of our request and ro~ponse at your earliest opportunity so we may procood with our application. Thank you. sincerely, !k&/tv--b R. Carlton Ward Chairman, Morton Plant Hoapital llayside Bridge Boogie ReW/lrow R~~CM}~I 07/24/05 15 t 28 'IE 440 2880 CU\1'R CllMmER ~?7~~J;.~~1~~t; I~ 1l DQ~g;li~l:'!~ '=Ii~qWtL~t IlrJNi~~Q!f'.'J g)'0~r m'" %Ji Co. , rLYO F~51~ i i g i i cl t; &I~ w'1",tlR!:\\IlI lU JOliN D,. OA~~ ~~ $~~'lCIn' ",((11( rZ~~rr" VISTA i\m ;:I"'"'~~MAH'S -.. 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", Clearwater City Commission Agenda Cover Memorandum 4~ Item iI Meeting Date: \' 1 ~ 1 I, , ) cgi 3.CfS '/ ~ SUBJECT : Sunsets at Pier 60 RECOMMENDATION/MOTION: Extend City cosponsorship of Sunsets at pier 60 on an ongoing basis with continued monitoring by city staff and continue waiving the parking fee for 20 spaces per evening; a $1 per day blanket occupational license, exhibition of a banner near the Causeway Bridge when appropriate and exhibition of a flag or banner in the pier 60 vicinity [] and that the appropriate officials be authorized to execute some. BACKGROUND: Sunsets at Pier 60 began operation on 3/2/95 for a 60 day trial. At its meeting of 4/16/95, the Commission extended the trial period to 9/4/95. This activity has been successful and no problems/concerns have been reported. Therefore, staff recommends approving the event as an ongoing activity with continued monitoring by city staff. Revi cwed by: Originating Ocpt: Costs: $ MIA commission Action: Legal .N/A City Clerk Total 0 Approved Budget NIA $ NIA. 0 Approved w/condltlons Purchasing ~/A 0 Denied Risk Hgmt. N/A - User Ocpt: Current Fiscal Yr. CIS NIA 0 continued to: ACH Flnding Source: Other NIA 0 Capltel I~. 0 Operating Attachments: Advcrti sed: Dote: 0 Other Poper: 0 Not Required SWaattted ~ Affected Parties 0 None 0 Notified Appropr;otion Code: Clty~er 0 Not Requi red .' ".:"., +". e ~ ~ 4d... City of Clearwater In tc rdopa rtmc n tal Correspondenoo. TO: FROM: COPIES: SUBJECT: DATE: Betty Deptula, City Manager Ream Wilson, Director. Parks and Recreation Depart Pht:~S CLERK I ATTORNEY As per your request. I contacted the various departments that have extended service to "Sunsets at Pier 60" and estimated cost information is outlined below. Sunsets at Pier 60 I Estimated Costs July 31, 1995 Traffic En,pneering - Provides 20 parking spaces at a value of $100 per week (5 days). Between the period from March 1, 1995 through July 31. 1995. the value of these parking spaces is estimated at $2,200. Marine Department - Assistance has been provided within normal hours at no additional cost. Police Denartment - Other than for a few hours at the grand opening in March. all police services have been satisfied by normal. routine patrols at no additional cost. I ! i I I ! I j l l t i i , Parks and Recreation Denartment - 'l'he "reviewing stand stageU has been provided on three occasions at a total estimated cost of $480. Also. Recreation Division employees have contributed sound tech and stage hand services on a variety of dates at an estimated cost of $666. In talking with the various departments, it appears that minimal city services have been required to support "Sunsets at Pier 60". Basically, a value of about $3,346 has been contributed of which $2,200 represents a waiver of fees for parking while $1.146 represents actual city services. .j " ) Please contact me if you bave any questions or desire further information. RW:mg i ; \ :1 H:\DAT A'\ WPFILES'\hiGOHEEN\RWBD7 -31.DOC .ICI.lI~ a ..... t'.",,,---. ;~ ,., ., , E A S E MEN T L(3 ?3.95 .AI J.?; ~ 1- FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand paid to him , the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, AR THUR H. MAXWELL 1566 SANDY LANE CLEARWATER, FLORIDA 34615 does hereby gran'c 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 15 foot drainage and utility easement over the north 15 feet of the west 20 feet of Lot 1, Block F, Highland Estates of Clearwater, 1st Addition. This easement is for drainage and utility installation and maintenance. The C~TY OF CLEARWATER, FLORIDA, shall have the right to enter .upon the above-described premises and to construct, install and ,maintain thereon any drainage and utility facilities and to inspect and alter such drainage and utility facilities from time to time. IN WITNESS WHEREOF, the party hereto has set his hand(s) and seal 'this /0-1'1.. day of :::!w..llA , 1995. j (I Signed, sealed and delivered in the presence of: G?o1-J ~. h1~ WITNESS ROBc..,.er 7, 1f1'1.e4.A/ Witness' Printed signature \ ~,;/#-~ ~V/I Arthur H. Maxwell 1566 sandy Lane Clearwater, FL 34615 1-v1 '\ ") ,,(": ~ ..- . ./ .,..)!;(./. ;;. ~: ~c~I';'''""", ... I . .;T ,", ,. ..' .. " , ,. STATE OF FLORIDA COUNTY OF PINEL LAS The foregoing instrument was acknowledged before me this 10th day of JULY I 1995 by Arthur H. Maxwell I who is personally known' to me or who has produced Florida Driver's License #M240-04S-S0-12S-0 as identification and who ( )did (X)did not. take an oath. ~r? Q S:r~~~'- '. Signature of person taking acknowledgment -B.J.' c e f2. Ec k'm A(\ Type/print/stamp name of acknowledger OFFICIAL NOTARY SEAj~ ALICE R EC!<MAN NOTARY PUBLIC STATE OF FLORIDA cm1MISSION NO. CC31341i MY cm.rMlsSION EXP. ocr. 2.1997 Title or rank, and Serial No., if any '\ I . \ I W ::z -<(, -11' ~ Zei )-a:: -lIb OlD 0:: <( U1 I -i- EXHIBIT uAu 20' I~ o IW >. /== ~ I~ I I I I PROPOSED DRAINAGE AND UTILITY EASEMENT ONE STORY MASONARY RESIDENCE SANDY t.:!Q!E..;,. T~IS IS ~OT A SL'RV::v - LANE LEGENO PROPOSED EASEMENT IZJ Drown by: RMS Sect. 2-29-15 Dote: 7/7/95. Voc. No.: 94.-15 1':lt~" " . ~ _. , ~ .... AFFIDAVIT OF NO LIENS STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared ARTHUR H. MAXWELL , who, being first duly sworn, depose and say: 1. That 'he is the owner of legal and equitable title to the following described property in Rinellas County, Florida, to-wit: A lS foot drainage and utility easement over the north 15 feet of the west 20 feet of Lot 1, Block F, Highland Estates of Clearwater, 1st Addition. 2. That said property is now in the possession of the record owner. I. I 3. That there has been no labor performed or materials furnished on said property for which there are ~npaid bills for labor or materials against said property, except (if none inser~ "none"): p Cf7J........ 4. That there are no liens or encumbrances of any nature affecting the title of the property hereinabove described, except (if none, insert "none"): pvN 5. .1'hat it is hereby \varranted that no notice has been received for any public hearing regarding assessments for improv~ments by any government, and it is hereby warranted that there are no unpaid assessments against the above property for improvements thereto by any government, whether or not said assessments appear of record. -- 6. That there is no outstanding sewer service charges or assessments payable to any government. I i I i. i 7. That the representations embraced herein are for the purpose of inducing CITY OF CLEARWATER, its agents, successors and assigns to rely thereon. I. p.CJI3i5~ T ..J-, H 1fR..i9"J Witness Printed Signature ~ J/},~ Arthur H. ~axwell 1566 Sandy Lane Clearwater, Florida 34615 r2a!:! 9. h1~ eftij d,,/ If _ WITN[jSS ,f) {.:. ",' f. It:/' ('. i./ c... HIJ I~./ ,t- /1 Witness Printed Signature I' I Sworn to and subscribed before me this -.J{) -rho day of 1995. -=-t u \ L,\ ) '-~ ~ L. G2.. E("~m.a.~'-- Signature of person taklng acknowledgment flll' c. e f<. E..eJ< '()"'\ A 1\ Type/print/stamp name of acknowledger '\ Title or rank, and Serial No., if any OffICI,\!. NOTARY BEAL AUCF. R EC:{~~fAN NOTj\R't' 1'[)13[.JC STAT:: OF MIUDA COM.\IJSSION NO. CC313-~1?u_ I MY COMMISSION l.!:~P. CCT.~ n:\I,w\d:l\.llkll~\lILa~ well.eu ~~f~~J";'~~~.I''''~'' ~. EXHI.BIT nAu in PROPOSED DRAINAGE AND UTILITY EASEMENT I W Z <( .....J I :: Za >-ei .....J I '0 Ol.O 0:: <( U1 ONE STORY MASONARY RESIDENCE I~ o IW >. I~ ~ I~ I I I I ~- SANDY LANE ~ THIS IS 'NOT A SURVEY LEGEND PROPOSED EASEMENT lZJ . \; . i. f Drawn by. RMS Sect 2-29-15 Dote: 7/7/95 Vac. No.: 94-15 - !!Ji:t/~/:~~I~V"" >";".'. "",' c. .. ..... > c " AGEN~DA .~ .. . ',. ..t . .. . . , . ' . ~ATEJ_ ~~ 95 .- . . .. . . . " ' ITEM" # AJ) . . . ... F I~~O .. "1: . -- ~._'" ..... .......-._.....t~.~., _., ~ .o._ . '. .. c......--:;-:-'7 ~.. . <c. '.. ';~.+! .~ I .. t \ j I I \ I , I I , - ~~~:.~. 0';;. . . I A,!>} t;; d- TfIlS INSTRUMENT PREPARED nY AND AFTER RECORDING RETURN TO: 41 3'.3.<15 James V. Stewart. P.A. Suite 203 200 First Avenue North St. Petersburg, Florida 33701 EASEMENT FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand paid to R.K.M. Development Corp.. a Florida corporation, the receipt of which is hereby acknowledged. and the benelits to be derived therefrom, R.K.M. Development Corp. docs hereby grant and convey to the CITY OF CLEARWATER, FLORIDA. an casement over, under and across the following described land. lying and being situate in the County of Pinellas, State of Florida, to-wit: A Ten (10') foot water main e.1sementlying 5' c.1ch side of all water mains up to and including all hydrants and meters. but excluding any water mains that may lie under buildings or within five (5) feet of buildings, AND an ingress and egress easement for refuse and garbage collections and City of CIc.1rwater service and utility vehicles. all lying within the following described tracl: See attached Exhibit A The CITY OF CLEARWATER. PLORIDA. shall have the right to enter upon .r- the above described premises and to construct, install and maintain thereon any water facilities and to inspect and alter such water facilities from time to time. IN WITNESS WHEREOF. the party hereto has caused these presents to be duly executed bJ' its proper omcers thereunto authorized and its seal to be hereunto affixed. lI1is 15--11 day of )J(I~I'\..~. . 19~~ Signed, sealed and delivered in the presence of: . . I > w~~J' LI'sC_ 5. tJ/Sr'17 Witness' Printed Signature Richard K. Maloof, preside secretary 1 It:.'{tl--- ~ /' '- O/J.'f",v T [ti~!}<;;L Witness. Printed Signature ~ 't .. ~~','!'~' ,-,,". . ," ",.t. ,.. '. " STATE OF FLORIDA COUNTY OF PINELLAS </1, The foregoing instrumcnt wns ncknowledgcd before me this ,,5' day of 9t...~. . . 199.5 by Richnrd K. Matoof, as prcsident nnd secretary of R.K.M. Development Corp., n Florida corporation, on behalf of the corporation. He is personalty known to me or-hn!rprodueed~ as-idenlification.and did noltake an oath. ~.rr'~ USE J, OlSEN 1.1kJ' lit ~lOH' cc.45995 EXl'lIlU \t MIl 2, ll19ll , . IICllUD Iml Trot ,All tQ.IIIAIQ'.llIC. . f.. ,~...<- .~::;. iJ!./:~(.J''- Signature of P6rson taking acknowledgment 1/5~~ :T, O/S1"I-1 Type/print/stamp name of acknowledger Tille or rank, nod Serial No., if any (rckf: rkmsun.cas) 6/15195 10 'J . I ! " .",. \ . + ., ~. ..+1,.1....- I \ i i, .. :-:r \~ . . LEGAL OeseRIP TION: A POnT/ON OF THE NORTHWEST 1/4 OF THE SOUTHWeST 1/4 OF SEe TION 6. TOWNSHIP 29 SOUTH, RANGE /6 EASi. AND A PORTION OF LOT I. L riNG IN THE" SOUTHEAST 1/4 OF SECTION I,. TOWNSHIP 29 SOUTJ.t, RANGE 15 EAST, PINELLAS GRO liES SUBDIVISION, AS RFCORDE'[) IN PLA r BOOK 3. PAGE /5 OF THE' PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LESS THe SOUTH 338 FEET THEREOF AND ALSO THA T PORT/ON OF VACA TED PINELLAS GROVES EASEMENT (RIGHT OF }fA Y) IN THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION I. TOWNSHIP 29 SOUTH, RANGE /5 EAST, LYING ADJACENT THERETO ALL BEING FUR.THER DESCR/BED AS FOLLOWS: COMMENCE A r THE: NORTHWEST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 6. THE SAME BEING THE NORTHEAST CORNER Of" THE NORTHEAST 1/4 OF THE SOUTHeAST 1/4 OF SAID SECTION I: THENCE RUN S.00'05'04. w., ALONG THE SECTION LINE 48.56 FEET FOR A POINT OF BEGINNING,' THENCE AL ONG THE SOUTHERL Y frIGHT-OF- WA Y LINE OF SUNSET POINT ROAD 174.78 FEET ALONG THE ARC OF A CURVE TO THE LEFT. SAID CURVe HA VING A RAD/US OF 34,239.60 FEET AND A CHORD OF /74.78 rEET WHICH BEARS $.89143'30" E.: THENCE S. 45'08 '3/" E.. 28.28 FEET.. THENCE S.00'00'31'" E.. ALONG THE WESTERL Y RIGHT OF WA r OF BELCHER ROAD, 106.24 FEET.' THENCE S.34'49'32. w.. ALONG SAID RIGHT OF WA Y 89.58 FEET,' THENCE CONTINUE ALONG SAID WESTERL Y RIGHT OF WA Y 5.32'54'45. W., 121.91 FEET: THENCE A DISTANCE OF /8.55 FEET ALONG THE ARC OF A CURVE TO THE LEFT. SAID CURVE HA VING A RADIUS OF 635.00 FEET AND A CHORD OF 18.55 WHICH BEARS 5.32'53'37" w.,' THENCE LEA VING SAID WESTERL Y RIGHT OF WA Y N.89154'S6. Jr., 83.14 FEET; THeNCE N.OO'OS'04" E.. PARALLEL TO AND 15.00 FEET WEST OF THE EAST BOUNDARY LINE ()F THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION I, A [)ISTANCE OF 45.80 FEET:.. THENCE N.89'OS'40" w.. 3/9.91 FEET; THENCE N.O'03'36" w... 271.89 FEFT TO THE: SOUTHERL Y RIGHT-OF- WA Y OF SAID SUNSET POINT ROAD: THENCE AL ONG THE SOUTHERL Y RIGHT-OF- WA Y LINE OF SUNSET POINT ROAD S.89'03'09n E.. 2/.15 FEET.' THENCE CONTINUE' ALONG SAIl) SOUTHERL Y RIGHT-OF-WA Y LINE A DISTANCE: OF 314.49 FEE., ALONG THE" ARC OF A CURVE TO THE l.FFT TO THE POINT OF BEGINNING, SAID CURVE HA VING A RADIUS OF 34,239.60 FEET AND A CHORD OF 314.49 FEET WHICH BEARS 5.89118'57- e.; CONTAINING 3.246 ACRES MORE OR LESS. '\ EXHIBIT A ,.'\, i: , .t~ill,Y", "q".. .' .., ". .", - ~.~ :;: , O. "1"- . 01 IX) . 001 01;;:; IX) z :: N 00'05'04" 45.30' . !D, LO<t" .~ -; LOr'"! ~lXl co Z --? -'1,." >::- ~ C"'o >::- oJS S ..1"'0' I~ .00, ,<.~.;:, 'SS" ';'..1' I~ J'..>~ 'SS' II' \ Sf:' <... ;: (-'. . - :"-'1 ....... 1/" ....... , < . . r NOTE: This ;.~ not f') survey! N 00'03'36" w 271.89' "". "'.S "'''''',ftt. ~~~<~~,~~ ~. ".9:., ':1 ",.J, ',::".1 ..... ',' ,. ,.., , . ,+ ,. , I~ n ..__ \ w . I LOO1 -0 ,..;..... NO b1 ((I (/l 0, w v . of ,..... tJ'I ;;:; OJ 0 - II m 0::: ~ tit ~ f- a a, 'Z LO -:: - 01 -r 0 r'"! ;;; N 0.. "1 .., II II " f- 5 Ct: .c: W U Ul Z ~ en P.Q,B. ~ S 00'05'04" W '..... 48.56' I I CoW f"-' ~ g f"-i<) "i- II b1 IX) ::: ,q; (/) NW Cor of NW 1/4 of SW 1/4 of See 6-29-16 HE Cor of NE 1/4 of SE 1/4 of See 1-29-15 0 '((I UJ r-- oj ~ r'1 r-- N "T II 1"<1 ~ ~ u: v S 00'08'3'" [, 106;2.:' ,~o.;. ~. 'io',,/S' '0 .() \:" " .1'-~r>... A FF1DA VIT OF NO UriliS, STATE OF FLORlDA COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally nppc.1red Richnrd K. Maloof, who, being first duly sworn, deposes and says: 1. That Richard K. Maloof is duly authorized to make this affidavit on behalf of R.K.M. Development Coi'p" a Florida corporation C'Affillnt"), and that Richard K. Maloof is Affiant's president and secretary and has personal knowledge of the maUers addressed by this affidavit. 2. That R.K.M. Development Corp. is the owner of legal and equitable title to the fonowing described property in Pinellas County, Florida, to wit: See atL1ched Exhibit A I, 3. That said property is now in the possession of the record owner. ,- I 4. That there has been no labor performed or materials furnished on said property for which there arc unpaid bills for labor or materials against said property. 4. That there are no liens or encumbrances of any nature affecting the title of the property hereinabove described, except for a mortgage executed by R.K.M. Devel~pmellt Corp. to Barnett Bank of Pasco CO\1nty, recorded February 23. 1995, in O.R. Book 8920, Page 2107, Public Records of Pincllas County, Florida. 5. That it is hereby warranted that no notice has been received for any public hearing regarding assessments for improvements by nny government, and it is hereby.,. warranted that there are no unpaid assessments against the above property for improvements thereto by any government, whether or not said assessments appear of record. 6. Thatlhere arc no outslanding sewer service charges or assessments payable to any government. 7. That the representations embraced herein are for the plirposes of inducing CITY or CLEARWATER, its agenls, successors and assigns 10 rely thereon. ~'" n /? "- _ a-( y. {!l (,oj' - ,-'-_ WIT ESS / c;~/;f /~ Richard K. Maloof, }lresid secretary . I.. ,'se. .:;, c."l/5(// Witness' Printed Signature . , ~ ?fl.'I0-;;: (d1b. ~rr Witness' Printed Signature ~: . .. ~'. ... : . :;?,.... : ."0..'< "+ .~" '.J. V' ~, .. ~~,~~~.;:~"~ '!' , . .! . ! " ".. . I .. ! . " . ~ .. ," .:." , , I. . I I, ; , " , . . . ,,"T.~f~..I.R ,""..~....~.~. !. . , Sworn to and subscribed to before me this A.D., 1995'". , USE J. oLSEN q~' ~~ M1 cor.usslOH . 0044S995 ~I\ES . \" l/.I1 oz. '998 tN1'ltll~.IIC. ,," PUDllf'l .Iit.,. (rekr: rkm~un.al) 6/15195 10 " J .....//' :s " day of 90 "1q~ . .. .,7 /f _' i -'~( P": . {)I-.(41'~~'__ Signalure of crson laking acknowledgment l i .5(_ 7'", 0/5.(1-1 Typc/prinllslamp name of acknowlcdger Tille or rank, and Serial No., if any ,. ~, , ~ '''' I . ..........,> , ! I '[ I ! .r .. LFGAL DE'SeRIP nON: A PORT/ON OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 Of' SE'CTION 6. TOWNSHIP 29 SOUTH. RANGE 16 EAST, AND A PORT/ON OF Lor /. L rING IN THE' SOUTHeAST 1/4 OF SECTION I.. TOWNSHIP 29 SOUTH, RANGE 15 EAST. PINELLAS GROVE'S SUBDIVISION. AS RECORDED IN PLA r BOOK 3, PAGE IS OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FL ORIDA. LESS THE SOUTH 338 FE'ET THEREOF AND ALSO THA r PORTION OF VACA TcD PINELLAS GROVES EASEMENT (RIGHT OF WA Y) IN THE NORTHEAST 1/4 OF THE' SOUTHEAST 1/4 OF SECTION I, TOWNSHIP 29 SOUTH, RANGE' 15 EAST,.L YING ADJACENT THERETO ALL BEING FURTHER OESCRIBED AS FOLL OW5: COMMENCE A r THE NORTHWeST CORNER OF THE NORTHWeST 1/4 OF THE: SOUTHWEST 1/4 OF SAID SECTION 6, THE SAME BEING THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF" THE SOUTHEAST 1/4 OF SAID SECTION I,' THENCE RUN S.00'05'04'" W.. ALONG THE SECTION LINE 48.56 FEET FOR A POINT OF BEGINNING: THENCe AL ONG THE SOUTHERL Y RIGHT-OF- WA Y LINE OF SUNSET POINT ROAD 174.18 FEET AL ONG, THE' ARC OF A CURVe TO THE LEFT, SAID CURVE HA VING A RADIUS OF 34,239.60 FEET AND A CHORD OF /74.78 FEET WHICH BEARS 5.89'43'30. F.,' THENCE 5.45'08'31" E.. 28.28 FeET.. THENCE 5.00'08'3111 E.. ALONG THE WESTERL Y RIGHT OF )fA Y OF BELCHeR ROAD, 106.24 FEET: THENCE 5.34'49'32" W.. ALONG SAID RIGHT OF irA}' 89.58 FEEr; THENCE CONTINUE ALONG SAID WESTERL Y RIGHT OF WA Y 5.32'54'45. W.. /21.91 FEET.. THENCE A DISTANCE OF 18.55 FEET ALONG THE ARC OF A CURVE TO THE LEFT. SAID CURVE HA VING A RADIUS OF 635. 00 FEET AND A CHORD OF 18.55 WHICH BEARS 5.32'53'37" W... THENCE LEA VING SAID WESTERL Y RIGHT OF WA Y N.89 '54'5611 w.. 83.14 FEET: THENCE N.OO'05'04" Eo. PARALLEL TO AND /5.00 FEET WEST OF THE EAST 80UNDARY LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SeCTION I. A OlSTANCE OF 45.80 FFFT..; THENCE N.89'08'40if iV.. 319.91 FEET; THENCE N.O'03'361i w.,' 211.89 FEET TO THE' SOUTHERL Y RIGHT-OF~' WA Y OF SAID SUNSET POINT ROAD; THENCE' ALONG THE' SOUTHE'RL Y RIGH7-0F- WA r LINE OF SUNSET POINT ROAD S.89 '03'09 If E, 2/./5 FEET,' THENCE CONTINUE ALONG SAID SOUTHERL r RIGHT-OF-WA Y LINE A DISTANCE OF 314.49 FEE'T ALONG THE' ARC OF A CURVe TO THE LEFT TO THE POINT OF BEGINNING, SAID CURVE HA VING A RADIUS OF 34,239.60 FEET AND A CHORD OF 314.49 FEET WHICH BEARS 5.89'18'57- Eo.. CONTAINING 3.246 ACRES MORE OR LESS. I".... . " EXHIBIT A eM 1_ It CfI1 1/ Clearwater City Commission /J 5 H..tln, D.t" Agenda Cover Memorandum - f 8.:3.95 SUBJECT: PICKLES PLUS TOO, INC. LEASE - HARBORVIEW CENTER RESTAURANT RECOMMENDATION/MOTION: Approve the leasing of 2,500 square feet of the Harborvi.ew Center ground floor to Pickles Plus Too, Incorporated, for the establishment of a restaurant consisting of a five (5) year initial term with three (3) additional five (5) year, option terms, and authorize an expenditure of $100,000 (reimbursable) for the completion of the restaurant, funded by a loan in the amount of $100,000 from the Harborview Center Fund, [J end that the appropriate officials be authorized to execute some. BACKGROUND: It is proposed .to lease 2,500 square feet of the first floor of the Harborview Center for the establishment of a deli type restaurant by pickles Plus Too, Incorporated. The term of the lease will be an initial five (5) year period with three (3) additional five (5) year optional periods. Pickles Plus Too, will be responsible for payment of real property taxes and assessments and will operate under an agreement which is summarized as follows: CITY WILL: 1) Provide, at its sole expense, a 2,500 square foot, first floor, basic restaurant "shell" and utility stub-outs, consisting of perimeter walls (primed), cement floor, finished ceiling, utilities brought to shell area, and completed bathrooms. Note: city Commission authorized $80,600 for this purpose on 4/20/95 and completion of the shell is not dependent on this lease approval. 2) Provide at its initial expense with reimbursement as later described, all interior walls, carpentry, finishes, utility distribution, furniture, fixtures, decorations, utensils, equipment, etc. necessary to completely establish the restaurant, EXCEPTING that the city's total expenses including architect and contractor fees shall not exceed $100,000. Expenses in excess of $100,000 will be immediately borne by the Lessee. Note: $100,000 should be authorized concurrent with lease approval. 3) Provide at its sole expense, a 12'x50' "patio" or "cafe" area for the free and exclusive use of the Lessee as an outdoor seating area. The _. Revf flWC!d by: (tdr Originating Dcpt: Costs: S 100.000 COIlJ1Iission Action: Legal City Manager Total 0 Approved Budget (;r' , 0 Approved w/ccnditions Purchasing Risk Hgmt. N/A Current fiscal Yr. 0 Denied CIS N/" User Dcpt: 0 continued to: "eM ~wc.:./'- FLIlding Source: Other rt] Capital Imp. Ad'lertiscd: 0 Opera t ; ng A ttachmcnts: Dote: 0 Other 1) Proposed Lease Paper: 2) financial Overview ~ Not Required SWIll tted by: Affected Parties 0 None Appropriation Code: Ci tv fi:/!fz!::v ~ Notified 31S.94717SxxxOO-S19 ~ Not Requi red " 1i~ '., ~,.' : - 2 - "patio" area may be furnished by use of the reimbursable construction funds and will be operated at the sole expense of the Lessee. Note: Patio construction is a part of Phase II work previously authorized. LESSEE WILL: 1) Pay the city, as basic rent, the sum of $10 per square foot of rental space, which is $25,000 for the first year, plus applicable sales tax, in monthly installments of $2,083.33 (plus sales tax); and to pay each succeeding year, for the term of the lease, basic rent increasing by three percent (3%) per year, plus sales tax on the increase. Obligation to pay rent does not commence until three (3) months after City issuance of certificate of occupancy. 2) Pay the' city, as additional rent, an annual amount percent (6%) of Lessee's gross receipts over $575,000. 3) Pay the city, as a common area maintenance fee, a sum equal to $2.00 per square foot of rented space, which is $5,000 per year and which is to be paid monthly. equal to six 4) Pay the City, as reimbursement of funds expended to accomplish the finishing and equipping of the restaurant (capped at $100,000), an amount equal to fifty percent (50%) of the cost of such work, (cannot exceed $50,000), in monthly payments amounting to $4.00 per square foot of leased space which is $10,000 per year or $833.33 per month, over the initial five (5) year term period; and shall pay the city, as reimbursement of the remaining fifty percent (50%), at the same rate per month over the first option period. The proposed lease in its entirety is attached. A list of exhibits which are referred to in the lease is as follows: A - Drawing Depicting Leased premises B - Drawing Depicting "patio" or "Cafe" Area C - Architects Plans for Improvements to Leased Premises D - Schedule of Equipment and Furnishings in the Leased Premises E - Drawing Depicting signs F - Menu EXhibits A and B are attached herewith. EXhibits C and 0 are by definition produced later in the project. Exhibits E and F are receivable from pickles Plus. Funding will be provided by a loan from the Harborview center Fund in the amount of $100,000, which is in effect a borrowing from the Consolidated cash Pool resulting in an initial deficit cash position for the Harborview Operating Fund. +N'""' . ..~ ~ LEASE THIS AGREEMENT is made and entered into on the date set forth below, by and between THE CITY OF CLEARWATER, FLORIDA, with offices at 112 South Osceola Avenue, Clearwater, Florida, hereinafter referred to as "Landlord", and PICKLES PLUS TOO, INC., a Florida corporation, with offices at cIa Robert L. Shear, P.A., 2600 McCormick Drive, Suite 230, Clearwater, Florida 34619, hereinafter referred to as "Lessee". In consideration of the mutual covenants, terms and conditions contained herein, the parties hereto agree as follows: 1. LEASED PREMISES. Landlord does hereby lease and permit Lessee to enter upon, use, and occupy for the purposes and on the conditions herein set forth the following described property: A retail sales area comprised of 2500 Sq. ft., more or less, located on the first floor of the Harborview Center, Clearwater, Florida, and shown on Exhibit" A" (the "Leased Premises"), attached hereto. Lessee shall also be granted the right to use in common with others the parking area, means of ingress and egress and other common areas. Lessee shall further be granted the right to utilize the 12' x 50' (approximate) "patio" or "cafe" area immediately adjacent to the westernmost wall of the I I I J i , ! I L leased premises for service of patrons at no additional rent or charge see Exhibit "S". All expenses for the creation and upkeep of the "cafe" or "patio" area shall be borne by landlord. Lessee may, at his option, furnish and/or decorate the "cafe" area as an item of expense under paragraph 5(C). Lessee shall be responsible for any operating expenses of the cafe area. Lessee shall be responsible for the cleanliness of the area. 2. I.EBM. The obligation to pay rant under this lease shall begin three (3) months following the date that Landlord completes all of the improvements and alterations as set forth in Paragraph five (51 of this lease and a Certiftcate of Occupancy is issued and all required approvals so that the 1 I ,I., ;'~:>I" . " ' restaurant can open for business (hereinafter referred to as the Commencement Datel. In the event that the obligation to pay rent shall begin at any date other than the first day of the month, Lessee's first rental payment shall be prorated to the first day of the following month and all monthly payments thereafter shall be In accordance with Paragraph three (3) hereafter. Lessee shall deposit with Landlord the sum of $2,229.16 representing the first month's rent due of the initial term of this Lease, including applicable sates tax. The initial term of this Lease shall be for a period of five (5) years following the commencement of the obligation to pay rent. Occupancy of the premises shall be no earlier than September 1, , 995. Lessee shall have the option to renew this Lease for three (3) additional five-year periods. Such renewal option may be exercised only upon written notice to Landlord at its municipal offices at least ninety (90) days prior to the expiration of each term. 3. RENT. Lessees rent shall be composed of the following: FIXED MINIMUM MONTHLY RENTAL PERCENTAGE RENTAL DIRECT EXPENSES TOT AL RENT A. Lessee agrees to pay landlord as a fixed minimum rental for the term of this lease, at such place as landlord may from time to time designate, the sum of Twenty-five Thousand Dollars ($25,000.00 annuallyl, being Ten Dollars ($10.00) per square foot of rented space, plus applicable sales tax. The same shall be payable in monthly installments of $2,083.33, plus applicable sales tax, on the first day of each month with a ten day grace period in accordance with paragraph two (2) above. The base rent shall be increased annually by three percent (3%), plus sales tax on the increase. B. In addition to the fixed minimum monthly rental, Lessee agrees to pay to Landlord an additional rental in an amount equal to six percent (6%) of the amount of Lessee's gross receipts made during each year of the term of this lease, from the leased premises, in excess of $575,000.00 (break point). The term "gross receipts" as used in this lease is defined as the total amount of actual I II I I 2 - ~~ gross revenues received by Lessee, its assignees, subtenants, concessionaires, or licensees for all merchandise sold or services performed in or from the leased premises, whether for cash or other consideration or on credit; excluding discounts or allowances made to customers for which no payment has been received by Lessee; the amount of any tax payable by reason of such sales or service under any applicable tax law, which taxes are billed as a separate item by the Lessee to the purchaser; and, any trade show revenues wherein a separate written agreement exists between landlord and Lessee as to commissions. This percentage rent shall be paid annually. The first payment shall be paid on or before January 15/ 1997/ and another payment of percentage rent shall be paid on January 15 of each year thereafter, except in the year of termination, in which the event the percentage rent shall be paid within fifteen (15) days after termination. C. Lessee shall pay to Landlord as additional rental common area maintenance direct expenses exclusive of ad valorem taxes. Such Common Area Maintenance charges shall include all insurance on the bUilding, general maintenance and repairs, trash collection & disposal, painting, cleaning and janitorial services, maintenance of parking lot, inCluding sidewalks, curbs, sealing, striping and repairing, building signage, planting and landscaping, lighting and all other utilities, fire protection systems, storm drainage system and roof patching and administrative management fees. Notwithstanding anything herein to the contrary, said direct expenses shall be $2.00 per square foot of rented space and shall remain at $2.00 per square foot during the initial term of this lease. The terms "additional rental" and "direct expenses" are used interchangeably herein. All base rental and additional rental payments shall be paid on or before the first day of each month with a ten day grace period. D. OPTION PERIOD. Rental for any option periods shall be adjusted upward using the applicable Department of Labor Consumer Price Index (Cpn for the preceding twelve months. The formula shall be as follows: Existing Base Rent x CPI = Base' Rent For Next Option Period The parties shall initiate negotiations of the terms for the option periods no later than 180 days 3 7:!>'\_> prior to the end of the prior term. E. FAilURE OF lESSEE TO OPEN. If the Lessee fails to take possession and to open the leased premises for business fully fixtured, stocked and staffed within 90 days from the date of commencement, then the Lessor shall have, in addition to any other remedies provided, the right to collect the minimum rent plus additional rent at the rate of twenty-five dollars ($25.001 per day for each and every day that the Lessee shall fail to begin business. This additional rent shall be in lieu of the percentage rent that might have been earned during the period of the Lessee's failure to open. Should lessee fail to open for business within six months from the date of commencement he shall be in default and subject to Landlord's Remedies UDon Default set out in paragraph 24. 4. ACCOUNTING BY lESSEE. A. Maintenance of books and records: lessee agrees at all times to keep and maintain accurate records of all business transactions and sales made in and from the leased premises and to cause all sales to be registered upon cash registers. B. Landlord's right to inspect books and records: landlord shall have the right at all reasonable times during business hours, through Landlord's duly authorized agent, attorney, or accountant, to inspect and make copies of lessee's records, accounts, and books in any way bearing upon such sales, including copies of tax or information returns furnished any governmental authority, both at the leased premises and at Lessee's central offices, or at any other office of Lessee at which such books, records, and accounts may be kept. landlord agrees that all such information shall be held by its agents, attorneys, and accountants in strictest confidence. C. Installation of cash registers: The Lessee agrees to Install in the leased premises a cash register or registers that have customarily been used at Pickles Plus and such registers shall be equipped with a cumulative totaling device. D. Performance by Lessee: Performance of the covenants set forth in this paragraph shall be deemed a condition precedent to lessee's right to continue in possession of the leased premises. 4 'It',.... \ ~ \,.' E. Right to Examine Books: The acceptance by the Lessor of payments of percentage rent shall be without prejudice to tho Lessor's right to examine Lessee's books and records at the leased premises in order to verify the amount of annual gross receipts received by the Lessee in and from the leased premises. F. Audit: At Its option, Lessor may cause, at any reasonable time, upon forty-eight (48) hours prior written notice to Lessee, a complete audit to be made of Lessee's entire business affairs and records relating to the leased premises for the period covered by any statement Issued by the Lessee. If such audit shall disclose a liabllity for rent to the extent of five 15%) percent or more in excess of the rentals computed and paid by Lessee for the period, Lessee shall promptly pay to Lessor the cost of the audit in addition to the deficiency, which deficiency shall be payable in any event, and, in addition, Lessor, at Lessor's option, may terminate this Lease upon five (5) days notice to Lessee of Lessor's election so to do. Any inform'atian obtained by the Lessor as a result of the audit shall be held in strict confidence by Lessor. 5. c::ONSTRUCTION. A. Landlord shall make all improvements and alterations to the Leased Premises in accordance with plans and specifications prepared by Landlord's architect, approved by Lessee, and upon City Commission approval, attached hereto as Exhibit "C". All improvements and alterations shall be in accordance with the Americans with Disabilities Act ("ADA") and, as between Lessee and landlord, Lessee will be responsible for compliance with the ADA and the regulations thereunder with procure and obtain all licenses and permits to operate the restaurant in the Leased Premises, except ) [ l I I , , respect to the Leased Premises. Lessee with the administrative assistance of Landlord shalt also as otherwise specifically provided in this Lease. , I B. Prior to the construction phase of the leased premises, Landlord at its sole cost and expense, shall cause the facility to be "built-out" and readied for Lessee's needs which prepared area Is referred to in the construction industry as a "shell". The "shell" shall consist of the four outer walls, Iprimed), a cement floor, a finished ceiling, main eloctrical, plumbing heating and air conditioning to 5 -.r:-',. ~': ' the space of sufficient size to maintain 780, and completed bathrooms. All expenses for the work outlined in this paragraph, including architect's and contractor's feos shall not be countable as an expense of the construction as set forth in paragraph 5(01. Supervision of the construction shall be the responsibility of the architect and with the Lessee's representative, Joseph Benedettini or Ralph Natale in advisory capacity. C. landlord shall bear the cost of providing a completed "turnkey" facility to the extent that the restaurant will be fully operational. landlord's responsibilities shall include, but not be limited to, installation of sinklsl, counters, appliancos, lighting fixtures, a sales transaction area and appropriate sales transaction equipment, bathroom fixtures, coolers, freezers, cooling facilities, tables, chairs, necessary painting or wallpapering, floor coverings, electrical, including lighting and lighting fixtures, plumbing, hood fan and fire systems, serving and cooking utensils, storage containers, and all other items not otherwise mentioned to effect a fully operational restaurant. landlord's expense, including architect and contractor fees, shall not exceed $100,000.00 to complete the project, for the build-out phase under paragraph 5(0). lessee shall retain right to approve the cost of construction, Including contractor's fees, and the selection of all equipment and furnishings. O. lessee shall reimburse landlord for fifty percent (50%) of the cost of construction of the facility (exclusive of readying the premises for construction [paragraph B above] during the initial term of the lease and lessee shall reimburse Landlord for the remaining fifty percent (50%) over the term of the first option period, should the lessee decide to exercise the option to renew. The amount of the reimbursed cost shall be determined upon completion of the facility. The payment for reimbursement shall be made in monthly increments based on $4.00 per square foot of leased space. Following total reimbursement, title to the equipment shall be 1n Lessee. E. During the period that Lessee is fulfilling its reimbursement obligation, Landlord shall : I retain title to all the personal property and furniture in the leased premises. At such time as lessee fulfills its reimbursement obligation, landlord will provide a Bill of Sale conveying full right, title and interest to all of the equIpment and other personalty to Lessee. A schedule of equipment and 6 - .' ,1 ~\"!~ " furnishings, approved by Landlord and Lessee, shall, upon City Commission approval, be attached to this Lease as Exhibit "0". During the term of this lease, lessee may replace or add any such equipment and furnishings necessary to maintain its facility and shall provide to landlord written notice of such substitution or addition. In the event of early termination of the lease through no fault of the Lessee, Lessee shall be compensated for the depreciated value of the "paid-in" amount of the reimbursed expense of the equipment. 6. EXPANSION. Subject to space availability and in the event that the parties shall agree to expand the leased premises, it is hereby agreed that any expanded area shall be subject to the same terms and conditions as set forth in this Lease agreement. 7. SIGNAGE. During the term of this Lease, Lessee shalt have the right to install and maintain professionalty made interior and exterior fascia signs depicting the Pickles Plus Name attached to the outside of the building subject to Landlord's Municipal Code requirements and location requirements. All such signs shall, to the maximum extent possible, be identical to Pickles Plus standard signs, as approved in Exhibit" Eft. All such signage shall be removed by Lessee at Lessee's expense within fifteen (15) days after termination of this Lease for any reason. The cost of the signage and installation shalt be in accordance with the provisions of Paragraph five (5) and shalt become the ownership of Lessee at the end of the initial five (5) year term. 8. USE OF PREMISES. Lessee shall use the Leased Premises for the maintenance and operation of a delicatessen/restaurant to sell and deliver food and beverages which are customary on a Pickles Plus menu attached as Exhibit "F". Lessee shall be allowed to serve beer and wine In conjunction with its food service. All food items may be sold for on-site or off-site consumption. Lessee shall not use the Leased Premises for any other purpose, nor shall Lessee use the Leased Premises for any unlawful, offensive, hazardous, unsightly or other objectional purpose, and Lessee agrees not to violate or permit any of its employees or invitees to vIolate any federal, state or local law, regulation or ordinance. Lessee shall remain open for business during the hours of 8:30 a.m. to 7:00 p.m., each 7 - -v, '1""~::' . .. ..+ day, Monday through Saturday, except for Christmas, Easter, New Year's, ThanksgIving and family emergencies or deaths, and may also remain open during any additional hours that it determines Is appropriate, including Sunday operations and extended hours dependent upon Lessee's business needs and to accommodate holiday traffic, trade show and other convention center activities. Landlord shall provide Lessee with a calendar of events at least thirty (30) days in advance. Lessee's obligation shall Lessee shall have the first right of refusal for food service at all Harborview Center first I. l I I j I I I r extend only to delicatessen items similar to the menu items (Exhibit "F") as provided by Lessee. floor activities. 9. UTIliTIES AND OPERATIONAL COSTS. Lessee shall fully and promptly pay for all water, gas, heat, light, power, telephone service, ad valorem taxes, and other public utilities of every kind furnished to the interior premises throughout the term of this lease, and all other costs and expenses of every kind whatsoever of or in connection with the use, opetation, and maintenance of the premises " and all activities conducted on the premises. Landlord shall have no responsibility of any kind for any of such costs and expenses. All such costs shall be either separately metered or easily ascertainable r as Lessee's expense. All expenses relative to the "patio area" which are associated with its lighting and maintenance as an outdoor structural feature of the building shall be borne by Landlord. All expenses relative to the "patio area" which are associated with the operation of the restaurant (water, power, etc.l shall be borne by the Lessee. 10. QUIET ENJOYMENT. For so long as Lessee is not In default under this Lease, Landlord shall insure that Lessee shall have Quiet and peaceable enjoyment of the Leased Premises and will not be dlsturbod. 11. MAINTENANCE AND REPAIRS. All repairs and maintenance to keep the Leased Premises in good condition {normal wear and tear exceptedl and broom-clean shall be performed by Lessee at its own cost and expense. Landlord shall be responsible for all repairs and maintenance of the building structure, roof, plumbing and electric to the leased premises, paved and parking areas, HVAC and any other expensos relating to common areas not within the control of the Lossee. 8 I 12. ALTERATIONS AND REPAIRS. Upon completion of the Construction. Lessee shall take good care of the premises and they shall not be altered. repaired. or changed without the wrItten consent of Landlord: and that, unless otherwise provided by written agreement, all alterations, improvements. and changes that may be required shall be done either by or under the direction of Landlord, but at the cost of Lessee, and all fixtures and permanent repairs shall be the property of Landlord. and shall remain upon and be surrendered with the premises. exceptIng, however. that with landlord's consent. Lessee may, at its option and expense, when surrendering the premises. remove all partitions, counters, railings, and the like, installed in the premises by Lessee; that all damage or injury done to the premises by Lessee, or by any person who may be in or on the premises with the consent of Lessee, shall be paid for by Lessee: and, that lessee shall, at the termination of this lease, surrender the premises to landlord in as good condition and repair as reasonable and proper use of the premises will permit. 13. BUilDING RULES AND REGULATIONS. Lessee agrees to adhere faithfully to all rules and regulations adopted by landlord for the safety, care and cleanliness of the premises. 14. PROMOTION. Should landlord use any method to promote the Convention Center or downtown Clearwater, it may, at it's option, incorporate appropriate notice of Lessee's restaurant at no expense to lessee. Such promotion may include flyers, billboards, newspapers, radio and television. 15. VACATION OF STEIN MART. In the event that STEIN MART department stare shall vacate the Harborview Center location or discontinue business for any reason, the parties will make appropriate lease adjustments to reflect the loss of traffic generated by said store. Further, landlord shall have eight (8) months from the date of the termination of Stein Mart's operation to replace a tenant of the same retail impact of Stein Mart in the entire vacated area or lensee may terminate its lease and be fully released from any and all lease financial responsibilities. During the vacation period, Landlord shall exert its bAst efforts to retain a replacement tenant notwithstanding that it may be receiving rental payments from STEIN MART. It is the intention of the partios that the space is to be 9 .~... ; occupied by a quality tenant to engender the traffic to benefit lessee's business. 16. LICENSES AND PERMITS. Landlord will use its best efforts in assisting Lessee in obtaining any license necessary for its operation. All impact fees shall be at the expenses of Landlord. 17. HOLDING OVER. Any holdover by Lessee after the termination or expiration of this Lease shall not, in the absence of a written agreement to the contrary, create a tenancy for a term in excess of month-to-month. This provision shall not give lessee any right to holdover. Any holdover shall be subject to all the other terms and conditions of this Lease and to the Florida Landlord and Tenant Statute, but under no circumstances shall the rental exceed the monthly rent existing at the end of the term of the lease. 18. RELATIONSHIP OF PARTIES. This Lease does not and shall not constitute a "franchise" as that term or any similar term is or may be used in any state or federal law, rule or regulation affecting the rights of the parties to terminate this Lease or for any other purpose. Lessee acknowledges that it is an independent business entity and landlord shall exercise no control over the day-to-day business operations of Lessee at the Leased Premises. Lessee is and shall at all times be an independent business entity free to select its customers, its employees, set its own selling prices and terms of sale, control its operations and generally conduct business as it determines. 19. DAMAGE TO OR DESTRUCTION OF PREMISES. In the event of a partial destruction of the premises, from any cause covered by Landlord's standard fire and extended coverage insurance, Landlord shall immediately repair such destruction within 90 days and such partial destruction to the premises shall in no way annul or void this lease. but lossee shall be entitled to a proportionate reduction of rent while such repairs are being made. If such partial destruction was caused by any risk not covered by landlord's insurance or if the cost of repair exceeds the insurance proceeds payable, Landlord may, at its option make such repairs provided the repairs can be made within ninety (901 days and the lease shall remain in full force and effect and Lessee shall be entitled to a proportionate reduction in rent while such repairs are being made. If the landlord does not elect to make repairs he 10 '.~: . is not obligated to make, or if such repairs cannot be made within ninety (901 days, or if such repairs cannot be made under law, this Lease may be terminated at the option of either party. In the event the buildIng is destroyed to the extent of not less than thirty-three and one-third percent '33 1/3%) of the replacement cost of It, Landlord may elect to terminate this lease, whether the premises are injured or not and without liability to Les:;ee. A total destruction of the premises, or of the building, shall terminate this lease. In the event of any dispute between landlord and Lessee relative to the prOVisions of this Section, they shall submit their dispute to arbitration in accordance with the rules of the American Arbitration Association, and the arbitration shall be final and binding upon both Landlord and Lessee, and the cost of such arbitration shall be borne equally between them. 20. INSURANCE/INDEMNIFICATION. Lessee shalt maintain in full force and effect during the entire term of the Lease, at Lessee's sole cost and expense, and require any sublessee to maintain at no cost to Landlord, the insurance coverage set forth below with companies reasonably satisfactory to Landlord with full policy limits applying but not less than as required herein. Such insurance shall name Landlord an additional Insured. A certificate evidencing the required covorages shall be delivered to Landlord upon request. (a) The insurance coverage and certificate of insurance provided to Landlord shall be applicable, without regard to the indemnity provisions contained in this Lease, to the extent of any claim, loss or liability within the scope of the following roquired insurance, except that Lessee shall not be responsible for Insurance coverage to the cafe area and any of these items covered in paragraph 11 hereinabove. t 1) Worker's compensation insurance as required by laws and regulations applicable to and covering employees engaged in the conduct of business under this lease; (2) Business automobile liability insurance for all operations including owned, non. owned and hired vehicles with limits of liability of not less than: bodily injury equal to $100,000 each person, $300,000 each accident; and property damage of $1 00,000; or a combined single limit of $300,000 for bodily injury and property damage. If no vehicles are used for the business then this I 11 . ..)......u . "' " insurance shall be waived; and (3) Commercial general liability or comprehensive general liability insurance with limits of not less than $500,000.00 each occurrence and $1,000,000 general aggregate. Notwithstanding the indemnity provisions contained in this Lease, the insurance coverage maintained bV Lessee or sublessee, and the protection afforded landlord as provided herein, shall protect landlord, its panners, directors, managers, officers, emplovees, and against all damage, loss, Iiabilitv or expense whatsoever from or attributable to bodilV injury or death, fire, theft, property damage or any other loss, expense or liabilitY. (b) Lessee shall defend, indemnify, reimburse and hold harmless landlord, its partners, officers, directors, managers, employees and agents, from and against any claim, demand, actions or cause of action, damages, costs, expenses, losses or liabilities (including reasonable attorney's fees and court costs) resulting from or arising out of (i) any failure by lessee to perform or comply with any provision contained in this lease and Iii) any personal injury, death, or property damage caused by lessee or its officers, directors, employees or agents except to the extent caused by negligence or intentional fault of landlord. The indemnity provisions contained herein shall not restrict in any manner the scope of insurance protection required to be maintained and afforded to landlord in this Lease. Ic) The obligations under this Paragraph 20 shall survive the expiration or termination of this Lease. 21. CONDEMNATION. If the whole or any part of the leased Premises shall be taken bV any lawful authority under the power of eminent domain, then this Lease shall thereupon terminate, and lessee shall be liable for rent only up to the date of such taking. In the event of the partial or complete taking of the improvements, lessee shall be entitled to participate In any and all awards for such taking to the extent that any such award includes the loss, if any, sustained by Lessee as a result of the termination of this Lease for loss of business, fixtures. moving expenses, and leaseholds. 22. NOTICES. All notices, consents and other communications under this Agreement shall 12 .~" .. lr, ,e ! ! ! I. ,\ be in writing and shall be deemed to have been duly given when delivered by certified marl return receipt requested or by other such means as the parties may agree from time to time. All such notices will be directed to the parties as follows: (al If to Landlord: City of Clearwater, Florida 112 Osceola Avenue Clearwater, Florida (bl If to lessee: Pickles Plus Too, Inc. c/o Robert L. Shear, P. A. 2600 McCormick Drive Suite 230 Clearwater, Fl 34619 23. TAXES.. lessee shall be responsible for paymen~ of all real property taxes and assessments !including special assessments) which may be levied or assessed by any lawful taxing authority against the Leased Premises including Impact fees, and any sales or tangible personal property tax and same shall be payable 1/12 of the total sum monthly with the fixed rental. 24. LANDLORD'S REMEDIES UPON DEFAULT. Landlord shall have the following remedies if tenant commits a default. These remedies are not exclusive but are in addition to any remedies now or later allowed by law. Default shall be defined as lessee's failure to perform any covenant of this lease following five days notice by landlord to Lessee of its right to cure any monetary covenant and fifteen days notice by Landlord to lessee of its right to cure any non-monetary covenant. All notices shall be In writing, delivered to Lessee at the leased premises. A. Landlord shall have the right either to terminate lessee's right to possession of the premises and terminate this lease or to have the lease continue in full force and effect with Lessee at all times having the right to possession of the premises. Should landlord elect to terminate Lessee's right to possession of the premises and terminate this lease, then landlord shall have the right of entry and may remove all persons and proporty from the premises in accordance with the Florida Landlord and Tenant Statute 83 et seq. Such property so removed shall be stored in a pUblic warehouse or elsewhere at the cost and for the account of lessee. Upon such termination, Landlord, in addition to 13 :7...:' ~._ .. - .' any other rights and remedies including rights and remedies under Florida Statute 83 et seq., or any amendment to it, shall be entitled to recover from Lessee the worth, at the time of award, of the amount of the unpaid rent for the balance of the term after the time of award. The amount referred to in this action shall be computed by discounting such amount at the discount rate of Barnott Banks of Pinellas at the time of the award plus one percent. Prior to such award, Landlord may relet the premises for the purpose of mitigating damages suffered by Landlord because of Lessee's failure to perform Lessee's obligations under this lease. B. Anv proof of Lessee of the amount of rent loss that could be reasonably avoided shall be made in the fOllowing manner: Landlord and ~essee shall each select a licensed real estate broker in the business of renting property of the same type and use as the premises and in the same geographic vicinity; the two real estate brokers shall select a third licensed real estate broker; and the three licenses real estate brokers selected shall determine the amount of rent loss that could be reasonably avoided for the balance of the term of this lease after the time of award. The decision of the majority of such licensed real estate brokers shall be final and binding upon the parties to this agreement. C. As used in this lease, the term "time of award" shall mean either the date upon which tenant pays to landlord the amount recoverable by landlord as set forth in this lease or the date of entry of any determination, order, or judgment of any court or other legally constituted body, or of any arbitrators, determining the amount recoverable, whichever occurs first D. Should Landlord, following any breach or default of this lease by Lessee, elect to keep this lease in full force and effect, for so long as Landlord does not terminate Lessee's right to possession of the premises, notwithstanding the fact that Lessee may have abandoned the premises, then Landlord, in addition to all other rights and remedies which landlord may have at law or in equity, shall have the right to enforce all of landlord's rights and remedies under this lease. Notwithstanding any such election to have this Lease remain in full force and effect, landlord may at any time after that elect to terminate Lessee's right to possession of the premises and terminate this lease for any 14 ~... .: previous breach or default which remains uncured, or for any subsequent breach or default. For the purposes of landlord's right to continue this lease in effect upon lessee's breach or default, act of maintenance or preservation or efforts of landlord to relet the property, or the appointment of a receiver on initiative of landlord to protect its interest under this Lease do not constitute a termination of lessee's right to possession. E. In the event Landlord elects. upon breach or default of this Lease by Lessee. to keep this Lease in full force and effect, Landlord may, as attorney in fact of Lessee, from time to time sublet the premises or any part of it for such term and at such rent and upon such other terms as Landlord in Landlord's sole discretion may deem advisable with the right to make alterations, restoration and maintenance to the premises at landlord: s expense. lessee shall be immediatelY liable to pay to landlord the amount by which the rent under this lease for the period of subletting, to the extent such period does not exceed the term of this lease, exceeds the amount agreed to be paid as rent for the premises for such period of such subletting. If Lessee has been credited with any rent to be received by such subletting and such rent shall not be promptly paid to Landlord by the subtenant, or jf such rent received from such subletting during any month be less than that to be paid during that month by Lessee under this lease, Lessee shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No taking possession of the premises by landlord, as attorney-in.fact for lessee, shall be construed as an election on its part to terminate this lease unless a written notice of such intention is given to lessee. Notwithstanding any such subletting without termination, landlord may at any time after that elect to terminate this lease for such previous breach. At landlord's option and application, a receiver for Lessee shall be appointed to take possession of the premises and to exercise landlord's right to sublet the premises as attorney.in.fact for Lessee and to apply any rent collected from the premises as provided in this Lease. F. Nothing in this section affects the right of the Landlord to indemniiication for liability arising prior to the termination of the lease for personal injuries or property damage where the lease provides for such indemnification. 15 :(. \. G. If tenant shall be in default in the performance of any covenant to be performed by it under this lease, then, after notice and without waiving or releasing tenant from the performance of such covenant, and in exercising any such right pay necessary anu incidental costs and expenses in con~ection with it. All sums paid by Landlord in this manner, together with interest on it at the maximum rate of interest per year allowed by law, shall be deemed additional rental and shall be payable to Landlord on the next rent-paying day. H. Rent not paid when due shall bear interest at the maximum rate of interest per year allowed by law from the date due until paid. I. Notwithstanding any of Landlord's remedies herein, it shall exercise due diligence and best efforts to mitigate Lessee's damages and attempt to locate and relet the premises to a quality representative tenant at similar terms and conditions contained in this lease. 25. LANDLORD'S RIGHT OF ACCES~. Lessee shall permit Landlord and its agents to enter into and upon the Leased Premises at all reasonable times for the purpose of inspecting the same or for the purpose of maintaining or making repairs or alterations after notice, except in case of emergency. Landlord's entry shall not unreasonably interfere with the lawful operations of Lessee's business. 26. ASSIGNMENT. Lessee, its successors and/or assigns may, upon receiving orior written 3ooroval from landlord, assign this Lease and/or sublet the Leased Premises, in whole or in part, wherein there will be delivered to Landlord a duplicate original of the duly executed instrume'~t of assignment and/or sublease, as the case may be, and in the event of an assignment of the lease, by the terms of any such assignment, the assignee shall assume and undertake the performance of all of the terms of the Lease; ta) except with agreement between the parties, no assignment or sublease shall in any way relieve, modify or extinguish the liability of any such assignor or sublessor, as the case may be, or any of their predecessors in interest; and (bl no fee or any other consideration shall be payable to Landlord tn connection with 16 '.>co'. the as:ilgnment of the Lease or the subletting of the Leased Premises. 27. WAIVERS. One or more waiver of any covenant, condition, right or agreement herein contained shall not be construed as a waiver af a further breach of the same covenant, condition, right or agreement, and the consent or approval by Landlord to or of any act by Lessee requiring landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord' 5 consent or approval to any subsequent similar act by lessee. 28. APPROVAL AND EXECUTION BY lANDLORD. This Lease shall not be binding on landlord until approved and signed on its behalf by a duly authorized officer or representative. Commencement or performance hereunder prior to such approval and signing shall in no way be construed as a waiver by landlord of the foregoing requirements. 29. NON-COMPETITION. Landlord agrees that it shall not under any circumstances lease any space in the leased premises to any business in competition with Lessee nor permit any competing business to operate a similar business to Lessee's. Lessee's business is defined as a "sandwich type shop" and is differentiated in the trade from a fine dining restaurant. Lessee may find it difficult to prove economic losses for failure of Landlord to comply with this provision. Consequently, Lessee may seek injunctive relief as an appropriate remedy. 30. LIENS. To the extent of the limitations set forth in paragraph 5 herein, Landlord shall pay and settle all expenses and liabilities arising out of or in any way connected with any and all construction. repairs, or alterations performed on the Leased Premises by or on behalf of Lessee, and all liens of mechanics and materialmen, and all liens of a similar character, arising out of or growing out of lessee's construction, repair and alteration of the leased Premises. 31. LAW. This Lease and the performance hereunder shall be governed by the laws of the State of Florida. 32. l:IEADINGS. This instrument's paragraph headings are for quick reference and convenience only and do not alter, amend or otherwise affect the terms, conditions, and agreements set out herein. I! , I : I 33. ATTORNEY FEES. In the event of any judicial proceeding in connection with this Lease, 17 :"t... .. ., . the prevailing party shall be entitled to recover costs and reasonable attorney's fees from the other party as fixed by the Court. 34. FORCE MAJEURE. If either party fails to perform any of its obligations under this Lease, except for payment of rent, as a result of Force Majeure, such party shall not be liable for loss or damage for the failure. and the other party shall not be released from any of Its obligations under this lease. If either pany is delayed or prevented from performing any of its obligations as a result of Force Majeure, except for payment of rent, the period of delay or prevention shall be added to the time herein provided for the performance of any such obligation. "Force Majeure" shall mean any period of delay which arises from or through acts of God; strikes. lockouts. or labor difficulty; explosion. sabotage. accident. riot or civil commotion; act of war; fire or other casualty; delays caused by the other party; and causes beyond the reasonable control of a party. 35. BROKERS. The parties hereto represent and warrant to one another that they have not dealt with any broker or finder in respect to the transaction contemplated hereby. Each party agrees to indemnify and hold the other harmless from and against any and all1iability that any other party may sustain or incur by reason of its breach of the foregoing representation and warranty. The parties are aware that Joseph Benedettini is a real estate broker so licensed in the State of Florida. 36. CONFIDENTIALITY. Each party agrees to hold in confidence any proprietary Information or trade secrets acquired from the other party during the term of this Lease. 37. PROTECTION OF TRADEMARKS. landlord and lessee agree that anything to the contrary notwithstanding in the Lease, neither party conveys to the other the right to use its trademarks or trade names. 38. LANDLORD'S WAIVER. Landlord hereby agrees to waive any rights to equipment purchased or leased by Lessee for use in operating the Pickles Plus restaurant, subject to paragraph 5. 39. COOPERATION. Landlord agrees to execute and deliver upon the request of lossee any 18 ~/ ~> 'r' c applications, in form and content reasonably acceptable to Landlord, required by any governmental authority having jurisdiction thereunder to enable Lessee to make alterations or installations In and to the Leased Premises and to erect and maintain any signs in, or about the Leased Premises as permitted herein, and any documents, in form and content reasonably acceptable to Landlord, to acknowledge ownership of any equipment lessor and/or any primary lien of any equipment financier, provided that any fees, charges and expenses required in connection therewith be borne solely by Lessee. Wherever by the terms of this Lease it is specifically provided that Landlord's consent or approval be required or otherwise requested by Lessee, Landlord covenants that it will not unreasonably withhold or delay any such consent or approval. 40. INTERFERENCE. Notwithstanding the provisions of any part of this Lease, Landlord shall not (a) interfere with the visibility, ingress or egress of the Leased Premises, (b) disrupt Tenant's business, (cJ reduce the usable area of the Leased Premises, (d) reduce the number of parking spaces that currently exist at the Leased Premises, or Ie) expose any pipes, conduits, utility lines or wires in the Leased Premises. 43. HAZARDOUS MATERIAL. Subject to the remaining provisions of this paragraph, Lessee shall be entitled to use and store only those Hazardous Materials (defined below), that are necessary for Lessee's business, provided that such usage and storage is in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Provided that there is no unreasonable interference or interruption of Lessee's operation or use of the premises, Lessor shall have the right at alt times during the term of this Lease to (il inspect the Premises, tij) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this Paragraph, and (iii) request lists of alt Hazardous materials used and stored or located on the Premises. The cost of all inspections, tests and investigations shalt be borne by Lessor unless the results indicate that Lessee is not in compliance with the provisions of this Paragraph, in which event the cost shall be borne by Lessee. Lessee shalt give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous 19 .t>..- Materials on the Promises, or in any common area or parking lots (if not considered part of the Premises), caused by the acts of or omissions of Lessee, or its agents, employees, representatives, invltees, licensees, subtenants, customers or contractors. Lessee covenants to Investigate, clean up and otherwise remedy any spill, release or discharge of Hazardous Materials caused by the acts or omissions of lessee, or its agents, employees, representatives, invitees, licenseos, subtenants, customers or contractors at lessee's cost and expense; ~uch investigations, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonable withheld; provided, however, that lessee shall be entitled to respond immediately to any emergency without first obtaining lessor's written consent. Lessee shall indemnify, deffJnd and hold Lessor harmless from and against any and all claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorneys' and consultants fees) arising from or related to the use, presence, transportation, storage, disposal, spill, release or discharge of Hazardous materials ,on or about the premises caused by the acts or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the premises for the storage of Hazardous materials without the express written consent of Lessor, which may be given or withheld in Lessor's sold express written discretion. As used herein, the term "Hazardous Materials" shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminates, which are or become regulated by all applicable local, state and federal laws, including but not limited to, 42 V.S.C. 6901 et sea, 42 V.S.C. 9601 ~, any Rule or Regulation of the Florida Department of Environmental Regulation, and Florida Resource Recovery and Management Act, Chapter 403 of Florida Statutes; (ii) petroleum; (iiil asbestos; (iv) pOlychlorinated biphenylis; and Iv) radioactive materials. The provisions of this Paragraph shall survive the termination of this Lease. 42. ENTIRETY OF AGREEMENT. This Lease contains the entire agreement between the parties relating to the subject matter hereof and may not be modified unless done 50 in a writing signed by all the parties hereto. 20 ~:~ . " ' .' " j" . '".4. \r->lw,,,.,... I', ~, ' :~. ~'. . , " I~; -- .. ,,' ::' ~ ~. ~::. < 'p' ('.V. ~ " , . . i,' i ~ ... . ..'h >.J ,..... '" '.'" . .... " 1.... " ~ ':; > .~. \ I. ".f .~~ IN WITNESS WHEREOF, the undersigned have executed this instrument on the date set forth below the signature lines. Signed and Sealed in the presence of: THE CITY OF CLEARWATER, FLORIDA By: "landlord" Date: PICKLES PLUS TOO, INC. BV: "Lessee" Date: 21 1_ L III ,EXHIBIT A a B ' ~-::::::'I- " _r;dl--}L I o" I ' ., ~ 1___ ~ ~ L1 r 6~1I\o il~.11 In ' J.:I:T.E .- I ROOM 1~_hWm~/.~1I ~ _,_~, ,// J i?: .da%~ _p~i:~s [I~ 0 .~y.,- -~-- - ',' I : I . I ,,"CAFE" OR ~ N ~~:~ih~?,~!i(% I -.2ATlO" AREA I=tft-'- ~M ; ~ + ! ~ rmr;o ",ph ' 1 I 'rr+- 02 '. __ PATIO ~,./~{. , I I '-1_ri-_%wi~~taE~ I" ' ,- ~ ':%f~W0/''''~%'-''?- I 'l/." 7/4,. . %/ .",/-- ' ' ' __ ' _ 7" ",$/'>/:-: ;;).:;0 - T . '.' ,/-:-< ~~::;:" l-=r 1:"::: _,.,.;L;....+- T.:l: lk . i~'~-'~' IIF7"f :-::~ ~,;l ~ __" _ - -=i~- ',=,-",-,,- -; , iL .'''-_ T Itl-----~'--' '~, ,=,~, T - =' ~ "" . __ ~ _~ t:" ~ . ';=-." -' .., -. .". I;> , -'" -- -=" .=- -""= . "" .... " i-~=-:-r f el c..:----:;;j b -, . '" =.- --. ' .--:--'T ..,_ r. ~ ".,,___ _" '[ __ --=-~1Q::!!', 10'-0' -,....." ..' I. ",,,. , . i T:+\c It;l ... ,,:-.: :-:: b - \": -",,- '" -.--", , . . f:.r~'~::;: t, _f:l,"' ::~:~;_: Il1: ___ iD I ' _,.:I ' " -". ,__" , . ,_ ' - I F +-'--1 ... __~ ::'-:-;1-'--:'::':":: - -- ,,- -- -r----: ! ;,_._;:-; ;--, _",::!:-'". _"_ ,', , __ I f t~~'~~;:nL:r ~1:;:i: ~:;-~:~,:~i:l e ' , ,--- .~.' i --, e "--- ... -~ ' '" ',' r 'T'" ~ ' ; , i , , , _ 11. H-.t i" ..:~-r 1 i f ffi :I::E ~ ~/~~ ~I .ill' -- - --- - '" I' . ; . 1 ~_==:q~~:::) I ---+ .-- 1,,1 C I '" i-E? :1':: -~::'I": .'~ -~:1 I ' I \: ! ---,II'" I \,., : - ~ - - . :}- 'I~ I:" - T-J' :1:': F:"'" , , -- --;;;~I I' . . I ' ::'=1'_ : : ~,: ,__ " ... ,L!' "f ..r.; ,: .'".11,;" ~ - i r-. /1 -I:" ., _ '" mi" __"'_J,, I .l..'-' ' ~ 'H-" - , ..: '... " . "I"i,: :=: '~ ' :- h :~' - m__ ON - ,',' '=-1~1 i - 1 ~:: I I, I ~II <:-: ~~;;: > rrv= :::,,','i'=( ~I=,~I:' ~~:=:h '~:f =~::'; , I 1'-' I II' ~I\~ ,Tl' i17ji,', '.:.:. ':";:. . - ,'. --1,,' r :"1 '-I-tTC' ::..:[, I; ~~:~.~~__ -.- EX H 181 T A ~~ sIT ~-~( 'r! " ,~ t,r:l' r" . . ~ " . CATERING I KITCHEN i' I 61'-llf ~ , - ." ~). . . ,+ . A:" . .~ ~ \J'"\ s'e d liS' furnishings. approved by Landlord and Lessee. shall. upon City Commission approval. be attached to this Lease as Exhibit "0". During the term of this lease, Lessee may replace or add an\-o sllch equipment and furnishings necessary to maintain its facility and shall provide to Landlord written nutice of such substitution or addition. In the event of early termination of the lease through no fault of the Lessee, Lessee shall be compensated for the depreciated value of the "paicHn" amount of the reimbursed expense of the equipment, 6. EXPANSION. Subject to space availablliw and In the event that the partios shall agree to expand the leased premises, it is hereby agreed that any expanded area shall be subject to the same terms and conditions as set forth in this Lease agreement. 7. SIGNAGE. During the term of this Lease, Lessee shall have the right to install and maintain ~ professionally made interior and exterior fascia signs depicting the Pickles Plus Name attached to the. outside of the building subject to Landlord's Municipal Code requirements and location requirements. ~ All such signs shall. to the maximum extent possiblQ, be identical to Pickles PIllS standard signs, as approved in Exhibit .. E". All such sionage shall be ramoved by Lessee at Lessee's expense within . fifteen (15) days after termination of this lease for any reason. The cost of the signage and installation shall be in accordance with the provisions of Paragraph five (5) and shall become the ownerShip of Lessee at the end of the initial five (5) year term. 8. U&E OF PREMISES. Lessee shall use the Leased Premises for the maintenance and * operation of a delicatessen/restaurant to sell and deliver food and beverages which are GU&IDmary-of\- * a similar to the Pickles Plus menu attached as Exhibit" F". Lessee shall be allowed to serve beer and wine in conjunction with its food service. All food items may be sold for on-site or oft-site consumption. Lessee shall not use the leased Premises for any other purpose. nor shall Lessee use the leased Premises for any unlawful, offensive, hazardous, unsightly or other objectional purpose, and Lessee agrees not to violate or permit any of its employees or invitees to violate any federal, state or local law, regulation or ordinance. Lessee shaH remain open for business during the hours of 8:30 a,m, to 7:00 p.rn., each 7 I I I " 1 I \ I i \ I I 1 - ~ ~vls--e-d Y-5 day, Monday through Saturday, except for Christmas, Easter, New Year's, ThanksgIving and family emergencies or deaths, and may also remain open during any additional hours that it determines is appropriate, including Sunday operations and extended hours dependent upon Lessee's business needs and to accommodate holiday traffic, trade show and other convention center activities. Landlord shall provide Lessee with a calendar of events at least thirty (3m days in advance. Lessee's obligation shall extend only to delicatessen Items similar to the menu Items (Exhibit "F") as provided by Lessee. * Lessee shall have the first right ef-feN6al to serve for food ~66 at all Harborview Center first floor activities. 9. UTILITIES AND OPERATIONAL COSTS. Lessee shall fully and promptly pay for all water, gas, heat, light, power, telephone service, ad valorem taxes, and other public utilitios of every kind furnished to the Interior premises throughout the term of this lease, and all other costs and expenses ". of every kind whatsoever of or in connection with the use, operation, and maintenance of the premises and all activities conducted on the premises. Landlord shall have no responsibility of any kind for any of such costs and expenses. All such costs shall be either separately metered or easily ascertainable as Lessee's expense, All expenses relative to the "patio area" which are associated with its lighting and maintenance as an outdoor structural feature of the building shall be borne by Landlord. All expenses relative to the "patio area" which are associated with the operation of the restaurant (water, power, etc.) shall be borne by the Lessee. , O. QUIET ENJOYMENT. For so long as Lessee is not in default under this Lease, Landlord shall insure that Lessee shall have quiet and peaceable enjoyment of the Leased Premises and will not be disturbed. 11. MAINTENANCE AND REPAIRS. All repairs and maintenance to keep the Leased Premises in good condition (normal wear ,md tear excepted) and broom-clean shall be performed by Lessee at its own cost and expense. landlord shall be responsible for all repairs and maintenance of the building 'structure, roof, plumbing and electric to the leased premises, paved and parking areas, HVAC and any other expenses relating to common areas not within the control of the Lessee. 8 '\ I , -" ':I ?~.~ ~. ~ (""'(. \H S< .J the assignment of the lease or the subletting of the leased Premises. Lf5 27. WAIVERS. One or more waiver of any covenant, condition, right or agreement herein contained shall not be construed as a waiver of a further breach of the same covenant, condition, right o,r agreement, and the consent or approval by landlord to or of any act by lessee requiring landlord's consent or approval shall not be deemed to waive or render unnecessary landlord's consent or approval to any subsequent similar act by lessee. 28. APPROVAL AND EXECUTION BY LANDLORD. This Lease shall not be binding on Landlord until approved and signed on its behalf by a duly authorized officer or representative. Commencement or performance hereunder prior to such approval and signing shall in no way be construed as a waiver by landlord of the foregoing requirements. 29. NON-COMPETITION.' landlord agrees that it shall not under any circumstances lease any space in the leased premises to any business in competition with Lessee nor permit any competing business to operate a similar business to Lessee's, Lessee's business is defined as a "sandwich type *' shop" and is differentiated in the trade from a f.fRe dining restaurant. lessee may find it difficult to prove economic losses for failure of Landlord to comply with this provision. Consequently, lessee may seek injunctive relief as an appropriate remedy; 30. UENS. To the extent of the limitations set forth in paragraph 5 nerein, Landlord shall pay and settle all expenses and liabilities arising out of or in any way connected with any and all construction, repairs, or alterations performed on the Leased Premises by or on behalf of Lessee, and all liens of mechanics and materialmen, and all liens of a similar character, arising out of or growing out of Lessee's construction, repair and alteration of the Leased Premises. 31. LAW. This lease and the performance hereunder shaH be governed by the laws of the State of Florida. 32. HEADINGS. This Instrument's paragraph headings are for quick reference and convenience only and do not atter, a~end or otherwise affect the terms, conditions, and agreements set out herein. 33. ATTORNEY FEES. In the event of any judicial proceeding in connection with this Lease, 17 -.\ I . , - " . * * reu~sed LfS applications, in form and content reasonably acceptable to landlord, required by any governmental authority having jurisdiction thereunder to enable Lessee to make alterations or installations in and to the leased Premises and to erect and maintain any signs in, or about the Leased Premises as permitted herein, and any documents, in form and content reasonably acceptable to landlord, to acknowledge ownership of any equipment lessor and/or any primary lien of any equipment financier, provided that any fees, charges and expenses required in connection therewith be borne solely by Lessee. Wherever by the terms of this bea&& DaraorBoh It is specifically provided that landlord's consent or approval be required or otherwise requested by Lessee, landlord covenants that it will not unreasonably withhold or delay any such consent or approval. 40. INTERFERENCE. Notwithstanding the provisions of any part of this Lease, landlord shall not la) interfere with the visibility, ingress or egress of the leased Premises, Ib) disrupt Tenant's business. Ic} reduce the usable area of the Leased Premises, Id) reduce the number of parking spaces that currently exist at the leased Premises, or Ie} expose any pipes, conduits, utility lines or wires in the Leased Premises. .... 43. HAZARDOUS MATERIAl. Subject to the remaining provisions of this paragraph. Lessee shall be entitled to use and store only those Hazardous Materials (defined below), that are necessary for Lessee's business, provided that such usage and storage is in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations {as interpreted by judicial and administrative decisions}. Provided that there is no unreasonable interference or interruption of lessee's operation or use of the premises, Lessor shall have the right at all times during the term of this lease to (i) inspect the Premises, Iii) conduct tests and investigations to determine whether lessee is in compliance with the proviSions of this Paragraph, and (iii) request lists of all Hazardous materials used and stored or located on the Premises. The cost of all inspections, tests and investigations shall be borne by Lessor unless the results indicate that lessee is not in compliance with the provisions of this Paragraph, in which event the cost shall be borne by Lessee. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous 19 . ') .. I Ae:= 1~ CITY OF CLEARWATER P.O. BOX 4748 CLEARWATER, FLORIDA 34618~4748 City Commission MEMORANDUM FROM: Mayor t Commission } //t,/, July 25, 1995 ~ 'f.., /" Restaurant Comparison at HarliofView Center TO: DATE: SUBJECT: COMPARISON OF RESTAURANTS AT HARBORVIEW i I I I ! I ! ! i CC:" City Manager ------------------------------------------------------~--~~-~.---------_________________________~__~~~_~M~.WH_~~_.~_ PICKLES PLUS 2,500 Square Feet $10 Per Square Foot Rent $2 Per Square Foot Common Area Maintenance $4 Per Square Foot Pay Back for leasehold Improvements Without Interest over Ten Years . $100,000 leasehold Impr~vement CLEARWATER'S AT HARBORVIEW 4,500 Square Feet $3.55 Per Square Foot Rent $2 Per Square Foot Common Area Maintenance $5.78 Pay Back which Includes 6% Interest for leasehold Improvements over Twenty Years $300,000 leasehold Improvement $16 per square foot plus 3% Increase per year plus percentage of sales over $575,000 leaseholds paid In ten years. $11.35 per square foot wlo annual Increases and twenty years to pay back leasehold ImprovGments plus percentage of sales over $1,500,000. In addlUon, this HarbolVlew Restaurant receives a $150,000 paId for kitchen to be used for catering purposes In the upstairs conference center. Additional dollars have not been established for providing dishes, glassware, flatware, etc. It appears that we are giving Pickles Plus Restaurant, not including pay back for leasehold improvements, a rent of $12 per square foot. They also have a 3% increase per year plus a cost of living index increase when renegotiating their five year renewal. We also receive a percentage of the sales over $575,000 in restaurant revenue. 2~~::';' ... :."', ~ . u. ~ 'c /Co =. 4~5 July 25, 1995 Restaurant Comparison at Harborview Center Page 2 The numbers are quite different for the upstairs restaurant. It looks like we are charging them $5.55 per square foot for rent and common area maintenance, less than half of what we are charging the downstairs restaurant. There is no annual increase in the rent. There is no cost of living index increase in renewing the lease over a twenty year period. There Is, however, a 4% premium on sales over $1,500,000. We are, however, putting in over $300,000 worth of leasehold improvements, three times what we are doing for Picldes Plus. When you break down the analysis, we are charging 35% less rent than for the first floor and giving 300% more in leasehold improvements not counting the bonus of the $150,000 catering kitchen. Ii \l What bothers me the most is that city staff does not present the City Commission with an analysis when it comes to the numbers on what we are doing when we lease city property. We received the latest proposal ten minutes before the Commission meeting began, and I doubt very seriously that anyone on the Commission, including myself, truly understood the numbers, especially in relationship to what we have done with the other restaurant on the first floor. I knew it was a bad business deal that night when I, cast my lone opposing vote. 1 didn't know how bad un'tiIl had a chance to reanalyze the numbers. You all can now look at the numbers, and maybe you still don't think any differently. That's okay. That's what democracy is all about. But at least you now know the numbers. ! \ I j i I I I FAT/jej /, a A Clearwater City commission C\ S "-L-- Agenda Cover Memorandum 47 Itl!l1l II MeetIng Dote: '3',3. 5 SUBJECT: CLEARWATER GAS SYSTEM TARIFF REVISIONS RECOMMENDATION/MOTION: Pass on first reading Ordinance No. 5887-95 approving new gas utility rates with Phase I to become effective for all billings rendered on or after October 1, 1995, and Phase II to become effective for all billings rendered on or after October 1, 1996, and approve Commission policy changes regarding the Gas System's utility support and Interfund Administrative Charge contributions to the City'S General Fund ~ and that the approprIate officiaLs be authorized to execute some. , :~ BACKGROUND: The attached Executive Summary provides an overview of the most significant aspects of the rate study performed by. Coopers & Lybrand LLP and the key recommendations made by the Clearwater Gas System (eGS) Managing Director. For more detailed information, please see the "Clearwater Gas System Gas Rate Case" book dated August, 1995. In particular, the action items requested for ordinance approval by the Commission are: 1. Approve a revised Index for Appendix A of The Code of Ordinances of the City of Clearwater as shown behind Tab B of the CGS Rate Case Book in order to separate the eGS tariff from the other city public works utility tariffs. 2. Approve changes to the "utilities - General & Deposits" section of Appendix A of the Code as shown behind Tab C of the eGS Rate Case Book to better describe several aspects of eGS's operation and to provide for CGS deposit flexibility to improve competitiveness. 3. Approve changes to the "Public Works utility Fees, Rates and Charges" section of Appendix A of the Code as shown behind Tab 0 of the CGS Rate Case Book to extract the sections dealing with the CGS out of the public works tariffs. Reviewed by: ~ Originating Ilcpt: ~ Costs: S N/A Commission Action: Legal CLearwater Gas systemC!.>V' Total 0 Approved Budget N/A 0 Approved w/condltlons Purchasing NIA S "fA Risk Hgmt. NfA Current Fiscal Yr. 0 Denied CIS N/A User Dcpt: 0 Continued to: ACH Clearwater Gas System Flrtding Source: Other F \ nI~nce 0 Capl tal I"". Advertised: 0 Operating Attachments: Date: 0 Other Executive Summary Paper: Ordinance No. 5887-95 Qi2 Not Rcqui red CGS Rate Boo\o: Staitted bY.: A Affected Parties Appropriation code: ~tl~t..*,-~i..(c. ~) 0 Notified 0 None EilI Not Rcqul red City anagl!r ' .~ l-~ ~~ Printed on reeye ~ paper :t.l:'i....:, , .', Jt:,h '::' '. ~ ~ . ~;c,'r'<" . r.. \~ '. .., I I 'j - 2 - ,. 4. Approve comprehensive changes to the "Clearwater Gas System Fees, Rates and Charges" section of Appendix A of the Code as shown behind Tab E of the CGS Rate Case Book to become effective for all billings rendered on or after october 1, 1995. 5. Approve certain changes to the "eGS Tariff" section of Appendix A of the Code as shown behind Tab F of the CGS Rate Case Book to become effective for all billings rendered on or after October 1, 1996. In addition, it is requested that the commission approve the following policy changes: 6. Approve commission policy changes regarding the utility Support contributions and the Interfund Administrative Charges as shown behind Tab G of the eGS Gas Rate Case Book to become effective for payments made in fiscal year 1995/1996. In summary, this rate case recommendation is industry-based and responsive to the competitive challenges that can be expected for the foreseeable future. The rates are cost-based and reflect a fair allocation of expenses to the appropriate customer classes. The proposed gas tariff should provide a more healthy structure to insure the growth potential of the Clearwater Gas system while providing an adequate growth in dividend return to the City of Clearwater to help offset the city's ad valorem tax rates (current impact is about 0.5 mill). III ,,0 EXECUTIVE SUMMARY OF THE CLEARWATER GAS SYSTEM ~TE CASE . The utility Advisory Services Group of the respected accounting firm of Coopers & Lybrand LLP was retained to review the appropriateness of the Clearwater Gas System (CGS) current rate structure and propose a more modernized customer rate structure that is based on the "cost of service" for each customer class and is responsive to the increasing competitive nature of the gas industry. The recommendations contained herein provide a comprehensive overhaul of the entire CGS tariff including rates for the newer technologies such as gas air conditioning, alternate fuel vehicles, gas transportation alternatives, etc. The rates provide for monthly customer charges to recover the cost of the servicing of the account and providing a readiness to serve plus fixed tariff non-fuel energy charges which are based on the cost" to serve each customer class. The tariff also provides for more flexible purchased gas, energy conservation, environmental imposition, and weather normalization adjustments which are designed to track and recover on-going eGS costs. The overall effect of these proposed gas rate changes is a projected increase of $~.O Million annually or about an 8% overall increase. A projected $500,000 rate increase had been originally projected in the CGS 1993 - 2000 strategic Plan which was presented to and approved by the city Commission on August 10, 1993. The last gas rate tariff changes were implemented in 1985. Since that time the Consumer Price Index (CPI) has increased about 43%. The current strategic growth rate for Pinellas County is incorporated into these rates; however 1 the impact of pasco County strategic growth was not included in this study. The impact of Pasco strategic growth is proposed to be recovered through increased sales, efficiencies of scale, and more complete utilization of capacity. The recommendation incorporates a phased-in transition plan for cost of service-based rates which proposes a Phase I implementation (full rate relief) for bills rendered on or after october 1, 1995, and a Phase II change in rates (which is revenue neutral) for bills rendered on or after October 1, 1996. Phase III Which reflects the full "cost of service" based rates for each customer class is not scheduled to be implemented at this time, but rather the recommendation proposes to allow for downward-only shifts based on future efficiency improvements and/or a subsequent overall rate review (see section H, page 35). Please note that, in general, residential rates which are more costly to provide on a per unit basis are proposed to be increased while commercial/industrial rates which are less costly to provide on a per unit bas is and are more competitive are proposed to decrease (see Section H, page 5). current, rates provide a flat rate per therm for all firm customer classes. i EXECUTIVE SUMMARY (continued) The recommendation also provides for increases in ancillary service Charges based on "cost of service. II Most notable is the increase in the on-site labor rates for one (1) and two (2) person crews inclUding vehicle and travel time from $26/$52 to $40/$72, respectively. These labor rates are based on a more accurate accounting of available daily billable hours and are more in line with other utilities and local competitive service industries (see Section H, page 39). The recommendation also shifts from the previously Commission-approved concept of "discount gas ratesU to handle more competitive customer situations (to preserve or acquire a prOfitable customer) to a "contract gas rates" concept which is more common to the industry and more in line with our bond covenants. We also propose to pull the Florida Gross Receipts Tax (GRT, 2.564% effective rate) fully out of base rates and display the full amount on ~he customer bill as is common with other utilities. , I i I I I j , I I , I I 1 Finally, the recommendation proposes to implement a 6% Payment in Lieu of Taxes (PILOT) on all natural gas sales in the city of Clearwater only and recover this from the city of Clearwater customers similar to a franchise charge in the other CGS communi ties. This is a proposed change from the current commission policy of billing a 4.5% PILOT on all CGS revenues (inside and outside of the city of Clearwater and including LP, appliance, and other revenues). This, in effect, will shift about $250,000 out of base rates and recover it directly from the city rate payers which will place the City's customers on a similar basis with customers in other CGS municipal jurisdictions. This is coupled with a proposed Commission policy change to change the dividend payment from a minimum of $1.0 Million per year to $1.25 Million per year so as to make the City of Clearwater whole for the approximate $500,000 current annual PILOT payment level. In summary, this rate case recommendation is industry-based and responsive to the competitive challenges that can be expected for the foreseeable future. The rates are cost-based and reflect a fair allocation of expenses to the appropriate customer classes. The proposed gas tariff should provide a more healthy structure to insure the growth potential of the Clearwater Gas System while providing an adequate growth in dividend return to the city of Clearwater to help offset the City' s ad valorem tax rates (current impact is about 0.5 mills). ii I ';,..., . ORDINANCE NO. 5887-95 AN ORnXNANCE OF THE CITY OF CLEhRWATER, FLORIDA" RELATING TO UTILITIES; AMENDING APPENDIX A - SCHEDULE OF FEES, RATES AND CHARGES OF THE CODE OF ORDINANCES OF THE CITY OF CLEARWATER TO PROVIDE NEW GAS RATES AND SERVICE CHARGES FOR THE CLEARWATER GAS SYSTEM; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the current base gas rates and service charges of the Clearwater Gas System have been effective for ten (10 ) years; and WHEREAS, inflation has increased the cost of providing overall gas service and competition in the energy field has necessitated a review of the gas rate structure; and WHEREAS, the accounting firm of Coopers & Lybrand L.L.P. was retained by the city to study these gas rates and service charges and to.propose a more modern structure of rates which recovers from each customer class the appropriate cost to serve that class; and WHEREAS, it is determined to be fair and reasonable to adopt the recommendations of Coopers & Lybrand and the Clearwater Gas System to establish gas rates and service charges based on the cost to serve the various classes of customers; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: section 1. That Appendix A - Schedule of Fees, Rates and Charges of the Code of Ordinances of the city of Clearwater is hereby amended as shown in Attachment 1 to make changes throughout. section 2. That Appendix A - Schedule of Fees, Rates and charges of the Code of ordinances of the city of Clearwater is hereby amended as shown in Attachment 2 to include a new Section XXVI. Clearwater Gas System Fees, Rates and Charges. - If ~"";t. section" 3. Should any section, paragraph, sentence or word of this ordinance be declared for any reason to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof other than the part declared to be invalid. section 4. All ordinances or parts of ordinances in I :.1 , i : I conflict herewith are to the extent of such conflict hereby repealed. section 5. This ordinance shall become effective upon adoption and shall be applicable for all gas bills and services rendered on or after October 1, 1995. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Conmissioner Attest: Cynthia E. Goudeau city Clerk Approved as to form and legal sufficiency: Pamela K. Akin City Attorney ~ ".... L. IL. III. ~ ~ YL. VII. VIII. IX. L. XL. XII. XIII. XIV. XY..:.. XVI. XVII. XVIII. XIX. XX. XXI. XXII. XXIII. XXIV. XXV. XXVI. XXVII. XXVIII. ! APPENDIX A ATTACHMENT 1 SCHEDULE OF FEES, RATES AND CHARGES* Adult Uses . . . . . . . . w . . . . . . . . . Amusements . . . . . . . . . . . . . . " . . . Animals . . . . . . . . . . II . . . . . . . . . Bathhouses and Massage Establishments . . . . . Buildings and Building Regulations . . . . Cemeteries . . . . . . . . . . . . .. Erosion and siltation Control . . . . . . . . . Land Development . . . . . . . . . . . . . . . Fire Department Training Facility . . . . . . . Library . . . . . . . . . . . . " " . . . " " . Parks, Beaches, Recreation . . . . . . . . . . Peddlers, Solicitors and Canvassers . . . . . . Police Department . . . . . . . . . . . . . . . Public Transportation Carriers . . . . R7creation and Open Land Space Dedication . . . S J..gns .., . . .. . . . . . . . . . . . . ... 'III " . . site Plans, SUbdivision Plats, Land Use Plan and Zoning Atlas Amendments, Conditional Uses, Variances, and certain continuances .. . . . . . . . . . special Land Uses . . . . . . . . . . . . . . . Streets, Sidewalks, other PUblic Places . . . . Taxation and Other Fees . . . . . . . . . . . . Traffic and Motor Vehicles . . . . . . . . . . Transportation Impact Fee . ........ Tree Protection . . . . . . . . . . . . utilities - General Information & Deposits . . Public Works utility Fees. Rates and Charqes Clearwater Gas System Fees. Rates and Charqes Waterways and Vessels . . . . . . . . . . . . . Occupational License Fees . . .. ..... OLD-NEW CDA:3 - 2 CDA:3 2 CDA:3 - 2 CDA:3 - 2 CDA: 3 - 3 , CDA: 8 - 9 CDA: 9 - 9 CDA:9 - 9 CDA:11 - 12 CDA:l1 - 12 CDA:11 - 12 CDA:14 - 15 CDA:14 - 15 CDA:15 - 16 CDA:15 - 16 CDA:15 - 17 CDA:15 - 17 CDA:17 - 19 CDA:17 - 19 CDA:18 - 20 CDA:18 - 20 CDA:19 - 21 CDA:19 - 21 CDA:19 - 22 CDA:?? - 24 CDA:?? - 47 CDA:40 - 47 CDA:?? ?? *Editor's note -- The schedule in this appendix contains all of the fees, rates and charges, except for taxes, which are required in this Code of Ordinances and/or by resolution. Cross reference -- Occupational license fee schedule, S 29.58. . -1- ; r . \ c";'. ~~.. . ATIACHMENT 1 APPENDIX AMSCHEDULE OF FEES, RATES AND CHARGES Subj~ct Amount 1. ADULT USES: (1) Application fee for certificate of compliance or provisional certificate of compliance $ 50.00 (2) Application fee for adult use license: (a) Nonrefundable fee; if approved, fee will be credited to annual adult use license fee 100.00 (b) Fee for each additional adult use classification; if approved, fee will be credited to annual . adult use license fee 25.00 (c) Investigation fee for each individual listed in the application pursuant to Section 41.522(2)(h}, City Code 25.00 (3) Annual adult use license fee: (a) Adult theaters ($175.00 of fee payable to Pin~lIas County Public Health Unit (b) Other adult use classifications (e) Each additional adult use classification (Res. No. 93M74, ~ I, llMI8-93) XL. AMUSEMENTS: 475.00 300.00 50.00 Coin-operared amusement devices: (l) (2) Storage and hauling charge for seizure, per machine (~ 7.26) $ 10.00 Permit fee, per location (9 7.42) 10.00 llL. ANIMALS: Beekeeping: (l) (2) Pemlit fee (fi 8.61) 5.00 Renewal fee (s 8.62) 2.00 IV. BATHHOTJSES AND MASSAGE ESTABLISHMENTS: Bathhouses: Establishment permit fee (9 9.32) (1) (2) 10.00 Bath technician permit fee (9 9.37) 25.00 -2- "". . ATI'ACHMENT 1 APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES Subj~C1 Amount ~ BUILDINGS AND BUILDING REGULA nONS (~ 47.087): Pennit fees and charges: (1) Pennits andfees, in general,' exceprions: (a) (b) (e) (d) (e) Permits are not required for carpeting, painting, wallpapering, tile, paneling over existing walls, and floor tile, nor where the valuation of labor, materials, and all other items dOe3 not exceed $500.00 and the work or operation is of casual, minor, inconsequential nature, and does not violate any city codes or ordinances, or is exempt pursuant to Chapter 75489. Laws of Plorida (Special Acts). Section 25. Valuations for new construction and additions shall be based on the current Southern Building Code Congress International's valuation tables. Other permits shall be based on contract value. The building official may request a copy of signed contract if the value presented does not appear to be in line with other permits of like work. Where no fee is stated, the same shall not be interpreted as an intention to waive any requirement for a permit that may be stated elsewhere in the city's Code of Ordinances. Demolition permits shall be issued at the fee set forth in this fee schedule. However, no fee shall be required when the building or structure has been declared a hazard to public safety or welfare by the building official. Prior to starting any electrical, gas, plumbing, mechanical, roofing or other work under a combination permit, the contractor or the subcontractor engaged to do the work shall file with the building services division a form showing the name and certification number of the subcontractor doing the work, the subcontractor's Clearwater license number or occupational license registration number, the number of the combination permit, the address where the work is to be done. and other related information as may be required by the building services division. Failure to file such form or provide such information shall be just cause for the refusal of inspection services, the issuance of a correction notice, and the assessment of the appropriate fee. . . (2) Fee schedule. In the case of reviews, inspections and similar activities associated with building and related codes not requiring a combination permit, the following schedule of fees shall apply: (a) Plan review fees: 1. 2. Building permit fee estimate Consultation or special service fee, per hour 25.00 50.00 (b) Plans examination fee: I. 1. Multifamily and commercial, valuation: a. $50,000.00 or less Plus, per $1,000.00 of value or fractio thereof 12.50 3.00 162.50 b. Greater than $50,000.00, but not exceeding $250,000.00 Plus. per $1,000.00 of value or fraction thereof in excess of $50,000.00 2.50 -3- AITACHMENT 1 APPENDIX A-SCHEDULE OF FEESt RATES AND CHARGES Subject c. Greater than $250,000.OOt but not exceeding $500,000.00 Plus, per $1,000.00 of value or fraction thereof in eltcess of $250,000.00 d. Greater than $5oo,000.OOt but not exceeding $750,000.00 Plust per $1,000.00 of value or fraction thereof in excess of $500,000.00 e. $750tOOO.00 or greater , Plus, per $1,000.00 of value or fraction thereof in eltcess of $7~0,OOO.00 2. 3. 'One- or two-family residential building, per buHding For multiple identical single-family or two-family buildings in the same project: a. First building Each additional building b. 4. Zoning plan r.eview for new one- and two-family; additions, remodeling, or new multifamily or commercial structures, per application Flood zone review, for structures located in flood zones A or Vt per application . ." Threshold structures, per structure 5. 6. (c) Plan amendments: 2. 3. 1. Change to permitted plans, per hour Minimum fee Duplicate permit placards, each Change of contractor, per contractor (d) Certificates of occupancy: \ ~ 1. 2. 3. 4. One- or two-family dwelling, per unit Multifamily and commercial, per application Conditional certificate of occupancy, per condition Replacement or additional copy, except one- or two-family dwelling (e) Special inspections: 2. (t) Refunds: 1. Change of use or HRS inspections, per trade Maximum fee After hours, weekends, per hour, per inspection Minimum fee, per inspection 1. Permits under $30.00, unless issued in error by city -4- Amount 662.50 2.00 1,162.50 1.50 1,537.50 1.00 75.00 75.00 25.00 25.00 25.00 50.00 50.00 50.00 25.00 25.00 10.00 25.00 25.00 25.00 30.00 60.00 50.00 100.00 No refund ATTACHMENT 1 APPENDIX A~SCHEDULE OF FEES, RATES AND CHARGES Subjed Amount Work has commenced, or permit is over 90 days old No refund All other permits Refund of fee paid, less $30.00 or one- half the fee, whichever is greater, to be retained by the city 2. 3. (g) Permit fees: 1. . Per structure valuation: a. $50,000.00 or less Plus, per $1,000.00 of value or fraction thereof b. Greater than $50,000.00, but not exceeding $250,000.00 Plus, per $1,000.00 of value or fraction thereof in excess of $50,000.00 c. . Greater than $250,000.00, but not exceeding $500,000.00 Plus, per $1,000.00 of value or fraction thereof in excess of $250,000.00 d. Greater than $500,000.00, but not exceeding $750,000.00 Plus, per $1,.000.00 of value or fraction thereof in excess of $500,000.00 e. $750,000.00 or greater Plus, per $1,000.00 of value or fraction thereof in excess of $750,000.00 >., , . 25.00 6.00 325.00 5.00 1,325.00 4.00 2,325.00 3.00 3,075.00 2.00 2. This fee applies to the following types of permits, with additional costs of $30.00 per trade as noted. Combination permits, sub trades (involve at least two of the following: building, electric, plumbing, mechanical, roofing and gas): Building only Electrical only Mechanical (may require electrical) Gas only Roof only Aluminum structures (may require electrical) Aboveground fuel tanks Asbestos abatement MS- ". Subj~C1 " ! i . I ATIACHMENT 1 APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES Amount Carports Davits (may require electrical) Decks Docks (may require electrical) Driveways Plus, for right..of-way permit 5.00 Fire alarms Fire suppreSsion systems Fireplace Fences Hoods Ynground swimming pools (also require electrical and plumbing) Lawn sprinklers Parking lots Remarciting Satellite dish (may require electrical) Seawalls Security alarms Siding, soffit and fascia Signs (may require electrical) Sheds Slabs Solar heaters and panels Spas (also requires electrical and plumbing) -6- " AITACHMENT 1 APPENDIX A*SCHEDULE OF FEES, RATES AND CHARGES .' Subj~ct Amount Underground fuel tanks (removal, replacement or new installation) Walls (privacy and retaining) (h) Miscellaneous permits: 1. Mobile home, mobile office, construction trailer, sales trailer, etc. a. Building permit (tiedown and site placement) Electrical permit Gas permit Plumbing permit Mechanical permit 30.00 30.00 30.00 30.00 30.00 b. c. d. e. 2. 3. 4. Temporary power pole, not in conjunction with combination permit Tent permit (may require electrical) Demol ition permit Plus, per square foot in excess of 1,000 square feet (No fee charged when demol ition is ordered by city) 30.00 30.00 50.00 0.05 5. House move: a. b. Application Pre inspection Plus, per mile outside city Remodeling permit, for setting house on lot, per violation: 40.00 50.00 0.30 c. (i) $50,000.00 or less Plus, per $1,000.00 of value or fraction thereof 25.00 6.00 (ii) Greater than $50,000.00, but not exceeding $250,000.00 Plus, per $1,000.00 of value or fraction thereof in excess of $50,000.00 325.00 5.00 (iii) Greater than $250,000.00, but not exceeding $500,000.00 Plus, per $1,000.00 of value or fraction thereof in excess of $250,000.00 1,325.00 4.00 (iv) Greater than $500,000.00, but not exceeding $750,000.00 Plus, per $1,000.00 of value or fraction thereof in excess of $500,000.00 (v) $750,000.00 or greater Plus, per $1,000.00 of value or fraction thereof in excess of $750,000.00 2,325.00 3.00 3,075.00 2.00 -7- . 1 " .1 ATIACHMENT 1 APPENDIX AMSCHEDULE OF FEES, RATES AND CHARGES Subject 6. 7. Swimming pool permit, aboveground pool Recertification of electrical service (i) Special fees: 1. Work not ready for inspection (reinspection fee): a. First occurrence Second or subsequent occurrence b. 2. Fotlowup on permit: Amount 30.00 30.00 25.00 60.00 I I a. Failure to request inspections b. Minimum fee 50% of permit fee 30.00 3. After-the-fact permit: Triple permit fee a. First occurrence b. Second or subsequent occurrence by same contractor, any job site in city 10 times permit fee (3) As used in these fee schedules, "combination permiCo means a permit for construction privileges, conditions and restrictions of a building permit. electrical permit, gas permit, plumbing permit, mechanical permit, and roof permit (or some combination thereot), for which proper approval has been granted by the city and for which proper fees have been paid. Filing fees for appeals. Any application for an appeal to the construction/flood board of adjustment and appeals, the city manager, or the city commission as provided for in chapter 47 shall be filed with the building official, accompanied by a filing fee as follows: (1) (2) (3) Appeal to the construction/flood board of adjustment and appeals Appeal to the city manager Appeal to the city commission Development impact fees: (1) For all new buildings and structures, the applicant shall at the time the building permit is issued pay a development impact fee as follows: (a) New residential structures, single-family, apartment, condominium or mobile home, per unit New commercial structures, for each 2,500 square feet of floor area or fraction thereof New industrial structures, for each 5,000 square feet of floor area or fraction thereof (b) (e) -s- 125.00 50.00 125.00 250.00 250.00 250.00 . "u.-.. .," h1TACHMENT 1 APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES Subject Amount (d) New hotel or motel facilities: 1. 2. Per unit Commercial area other than units, for each 2,500 square feet of floor area or fraction thereof 250.00 250.00 11 i I j (2) The funds derived from these fees shall be deposited in a special account to be used exclusively for the construction of roads, public transit facilities and storm drainage in the city, including actual construction costs, acquisition of right-of-way, the construction of sidewalks, curbs, drainage structures and signal installations. (Ord. No. 5120, ~ 3, 8-15-91) VI. CEMETERIES: Purchase and conveyance of lots (9 11.02): (1) Prices: (a) Infant space (b) Adult space (c) U m space Fees: (a) Staking fee: 125.00 500.00 125.00 (2) .oi 1. 2. Weekdays Saturdays, Sundays, legal holidays 30.00 50.00 (b) Consent to transfer of ownership, plus recording fee (c) Recording fee, deed or consent to transfer 25.00 As provided by law VII. EROSION AND SILT A nON CONTROL: Fees for land clearing and grubbing permits are as follows (~ 50.21): (1) (2) (3) Land clearing and grubbing permit 10.00 Reinspection fee; per additional inspection 25.00 Special inspection fee 25.00 These fees shall be paid prior to the issuance of permits, and such fees shall be nonrefundable. (Res. No. 86-9, ~~ 1, 2, 2~-86) VIII. LAND DEVELOPMENT: -9- '-- c..:; '.. ~ A1TACHMENT 1 APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES. Subj~ct AmOUn/ There is hereby established the following fees and charges relating to review and processing of site plans, land use plan and zoning atlas amendment') and subdivision plats, conditional uses, variances, appeals, continuances, concurrency reviews and concurrency reviews, and development agreement reviews: Site plan review (U 43.21-43.25): (1) Base charge for each site plan Plus for each acre or fraction thereof .. 790.00 55.00 (2) (3) Revalidation of a certified site plan 150.00 Site plan amendment after certification (9 43.51) 150.00 (4) Transfer of development rights (9 42.06): (a) (b) With formal site plan review Without fonnal site plan review 150.00 350.00 Subdivision plat review (~fi 46.31-46.38): I ; . (3) Subdivision plat amendment after certification, prior to recording 890.00 " 30.00 55.00 55.00 150.00 No charge 365.00 (1) Base charge for each preliminary subdivision plat Plus for each lot included on the plan (2) Revalidation if a certified preliminary subdivision plat (4) Administrative lot division Annexation (937.05) and initial zoning and land lIse requests: (1) Development agreement review Land Use Plan (9 36.066) and zoning atlas (~ 40.673) amendmenr requests: (1) Base charge for each application for amendment of the zoning atlas 475.00 Plus for each county land use plan amendment 200.00 (2) Base charge for a zoning amendment and city land use plan amendment on the same property 685.00 (a) (b) Plus for each county land use plan amendment Plus for each property three acres or greater in size requiring state approval 100.00 200.00 Variance or conditional use applications: (1) Variances: (a) Sign variances involving existing legal but nonconforming sign (9 44.09) (see also -10- . ATIACHMENT 1 APPENDIX AMSCHEDULE OF FEES, RATES AND CHARGES Subj~ct Amount There is hereby established the following fees and charges relating to review and processing of site plans, land use plan and zoning atlas amendments and subdivision plats, conditional uses, variances, appeals, continuances, concurrency reviews and concurrency reviews, and development agreement reviews: Site plan review (9~ 43.21--43.25): (1) Base charge for each site plan Plus for each acre or fraction thereof 790.00 55.00 (2) (3) Revalidation of a certified site plan 150.00 Site plan amendment after certification (9 43.51) 150.00 (4) Transfer of development rights (9 42.06): . (a) (b) With formal site plan review Without formal site plan review 150.00 350.00 Subdivision pial review (9~ 46.31-46.38): (1) (2) (3) (4) Base charge for each preliminary subdivision plat Plus for each lot included on the plan ' 890.00 30.00 Revalidation if a certified preliminary subdivision plat 55.00 Subdivision plat amendment after certification, prior to recording 55.00 Administrative lot division 150.00 Annexa/ion f9 37.05) and initial zoning and land use requesrs: (1) No charge Development agreement review 365.00 Land Use Plan (9 36.066) and zoning atlas (g 40.673) amendment requests: (1) (2) Base charge for each application for amendment of the zoning atlas Plus for each county land use plan amendment 475.00 200.00 Base charge for a zoning amendment and city land use plan amendment on the same property 685.00 (a) (b) Plus for each county land use plan amendment Plus for each property three acres or greater in size requiring state approval 100.00 200.00 Variance or conditional use applications: (1) Variances: - (a) Sign variances involving existing legal but nonconforming sign (g 44.09) (see also -10- A TI' ACHMENT 1 APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES Subj~C1 Amount SIGNS) 50.00 For variance requests for which a continuance is required at the request of the applicant or due to the applicant's failure to provide sufficient information for consideration of the variance, an additional fee of $50.00 for each continuance shall be required. (b) Other variances for residentially zoned properties (945.22) (c) Other variances for nonresidentially zoned properties (~ 45.22): 1. Single variance request 2. Any additional request for variance with respect to the same property or contiguous properties by the same owner 200.00 . I :1 : I 475.00 55.00 475.00 55.00 210.00 (2) Conditional use (9 41.031) (a) Plus any additional request for conditional use with respect to the same property or contiguous properties by the same owner (b) Plus for alcoholic beverage sales requests bxception A: Requests involving transfers of business ownership for which a conditional use permit has previously been issued 350.00 -Exception B: Requests involving package sales of alcoholic beverages for indoor retail sales uses selling alcoholic beverages as an accessory use and which either: (a) contain a minimum of 25,000 square feet of gross floor area; or (b) sell alcoholic beverages only as part of a gift set in which the value of the alcoholic beverages in the set is less than.50 percent of the value of the total set 100.00 (3) Rehearings of variance or conditional use requests for which a trial period has been established by an official city board or by the city commission None (4) Variance or conditional use permits for construction that has been initiated or a use that has been established prior to obtaining a required conditional use or variance approval double the required fee (from above) Appeal from planning and zoning board or development code adjustment board to hearing officer (9 36.065) 365.00 Requests for a conrinuance of any review or other process which would result in additional advenising (9 36.084) 55.00 Concurrency review (fi 36.148) 55.00 Plus for traffic impact study 55.00 (1) (2) Plus for vested rights determination 210.00 (Res. No. 92-38,9 1,6-4-92; Res. No. 92-59, 9 I, 9M17-92; Res. No. 92-65, 9 1, 11-5-92; Res. No. 92M77, 9 -11- ;; ~ ~ .. " ATIACHMENT t APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES Subjf!ct I . ! Amount 1, 12-17-92) ~ FIRE DEPARTMENT TRA1NING FACILITY: Fee amount detennined by use agreement. x.. LIBRARY: Fees for the use of the city library by nonresidents are as follows (~ 18.04): (I) Annual nonresident 100.00 A nonresident card may be used by any member of the immediate household of the person to whom the card is issued. (Res. No. 88-42, ~ 2, 11-3-88; Res. No. 92-51, ~ 1, 8-13-92; Res. No. 94-34, 7-21-94) XL. PARKS, BEACHES, RECREATION: .' Rental fees for parks and recreation facilities (ch. 22): (1) User groups. TIlere is hereby established the following categories of user groups upon which rental fees will be based for parks and recreation rental facilities, including public buildings (Martin Luther King Center, City Hall Annex, Memorial Civic Center, Sailing Center), the bandshell, swimming pools and athletic fields: , (a) City related group: No charge -I (b) Cosponsored group: 1.00 (c) Outside group: 1. Public/civic/church. Hourly charges (Clearwater based only; non- Clearwater based groups treated as private). 2. Private. Basic rental charge, hourly charges, and equipment charges. 3. Commercial. Basic rental charges, hourly charges, equipment charges, and ten percent of gross. (2) Amounrs of jees and charges. There is hereby established the following fees and charges relating to the rental of public buildings, the bandshell, athletic fields and swimming pools: (a) Public buildings (Martin Luther King Center, Memorial Civic Center, City Hall Annex, Sailing Center) and the bandshell: 1. Basic rental fees: a. Sailing Center, per use times number of days b. Other public buildings, per use times times number of days c. Boat storage, per month plus tax 200.00 70.00 30.00 -12- ~j.. . " I. ATI ACHMENT 1 APPENDIX AMSCHEDULE OF FEES, RATES AND CHARGES Subj~ct Amount d. Dance floor rental, per use plus tax 90.00 2. Hourly charge: a. Utilities b. Personnel, per employee: i. Straight time ii. Overtime Iii. City rate for off-duty police officer. (if necessary). 10.00 10.00 15.00 3. Equipment charge for each piece of equipment used, per day (including but not limited to, piano, P .A. system, and spotlights) 5.00 '(b) Athletic fields: '.. 1. Hourly charge: a. Utilities b. Personnel, per employer: i. Straight time ii. Overtime c. Reservation fee, per hour (2 hour minimum) 11.50 17.25 6.00 9.00 (c) Swimming pools: 1. 2. (3) Basic rental fee, per use Hourly charge: a. Utilities b. Personnel, per employee 60.00 8.00 7.50 A cleaning deposit in the amount of $50.00 shall be paid in advance for the rental of the Sailing Center to assure that the premises and equipment are returned in a clean and undamaged condition, as determined by the city. (4) The fees and charges established herein shall be paid to the City of Clearwater and shall be credited to the parks and recreation department, except that fees for the Sailing Center shall be credited to the Marine Department. (5) When applicable, a deposit of $30.00 shall be required to reserve any building (other than the Sailing Center), bandshell or pool, or $50.00 to reserve the Sailing Center, and $12.00 to reserve an athletic field. Said deposits shall be submitted with the application and will be refunded only if the application is not approved. (6) Those organizations or agencies which have current separate facility agreements with the City of Clearwater shall be exempt from this resolution. Use of faciliries by nonresidents (ch. 22): (1) Effective January I. 1994, nonresidents who wish to use city recreation facilities or programs may do so by paying one or more of the following fees: L -13~ . ATIACHMENT I APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES Subj~C1 Amount (a) Card options: 1. Annual individual fee, valid from January 1 through ,December 31 56.00 2. Annual family fee, valid from January 1 through December 31 140.00 Note: An individual card may be used only by the person to whom it is issued. The family fee provides a card for each family member residing at the household. (b) Options in lieu of nonresident card purchase: 1. Daily guest fee at all tennis facilities 3.00 2. Admission fees for Qpen swim programs only at all city swimming pools: a. Children 17 years of age and under: i. Winter 2.00 ii. Summer 1.50 b. Adults 18 years of age and over: i. Winter 3.50 iLSummer 2.50 3. Class/program fee plus 50 percent additional for activities offered on a session basis. 4. Single season fee for adult athletic leagues, per person 33.00 5. Single admission fee (exception, city pools) plus an additional 25 percent. '!' 6. Participant fees for activities/programs conducted by the recreation ..: department staff that are free to residents: Where practicable, fees may be charged to nonresident participants. 7. In co-sponsoring programs where leadership is provided by noncity employees: a. Participants of youth programs, per activity 10.00 b. Family participants of youth programs, 3 or more 25.00 c. Participants of adult programs, per activity 20.00 8. Lawnbowls. shuffleboard and horseshoe clubs: Per year for each club; due January 1st of each year 100.00 (2) The criteria which establish the class of city residents for the purpose of the fees above and Resolution No. 88-43 are: (a) Permanent residence within the incorporated boundaries of the city; -14- v_. AITACHMENT 1 APPENDIX A-SCHEDULE.QF FEES, RATES AND CHARGES Subject Amount (b) Ownership of real property within the incorporated boundaries of the city, as evidenced by the official tax rolls maintained by the county; (c) Tourists and guests temporarily residing at properties within the incorporated boundaries of the city; or (d) Persons who are employees of the city, their spouses and children who live at home. (3) In programs where rentals are charged, or where enforcement is impractical, or a majority of the facilities used by a program are provided in a municipality other than. Clearwater, the nonresident fee is not required. (Res. No. 88-43t 9~ 2-4, 11~3-88; Res. No. 90-49, 9~ 1-5, 12~20-90; Res. No. 91-46, ~ It 12~19-91; Res. No. 9147, ~ I, 12~19-91; Res. No. 93-61, ~ I, lOMI8-93; Res. No. 93-71, ~ It I1M29-93) XIL. PEDDLERS, SOLICITORS AND CANVASSERS: (1) (2) Peddlers applicarionfee (tl 23.33(5)) 25.00 Charitable organization registrationfee (~ 23.81) 10.00 XIIL. POLICE DEPARTMENT: Fees for penn its and repon requests processed by the police depanment: (1) (2) (3) Solicitor permits (~ 23.81) 10.00 Taxi permits (~ 25.071) (see also PUBLIC TRANSPORTATION CARRIERS) 10.00 Vehicle for hire permits (~ 25.171) 10.00 .' (4) Taxicab/public conveyance vehicle permit sticker 2.00 (5) Handbill distribution permits (~ 3.41) (6) Street artist 1.0. 10.00 10.00 (7) Amusement machine permits (~~ 7.26, 7.42) 10.00 (8) Cabaret cards 5.00 (9) Letters of good conduct 3.00 (10) Bank employee LD. processing 5.00 (11) Fingerprinting: (a) (b) One card Additional cards, each 3.00 1.00 -15- ATTACHMENT 1 APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES Subjf!ct (12) *Auto accident report copies (13) ""Event report copies (14) *Other report copies (15) Record checks by mail (16) Black and white photographs: (a) Four by five (b) Five by seven (c) Eight by ten (17) Color photographs: (a) Four by five (b) Five by seven (c) Eight by ten Amount 2.00 ! i I 2.00 2.00 2.00 2.00 3.00 4.00 3.00 4.00 6.00 *Up to six pages; additional pages, per page 0.25 (Res. No. 84-1, ~ 2, 1-19-84; Res. No. 85-42, ~ 1, 6'()-85) X!Y... PUBLIC TRANSPORTATION CARRIERS: Taxicab operators pennitfee (~ 25.082) (see also POLICE DEPARTMENT) 25.00 xy... RECREATION AND OPEN SPACE LAND DEDICATION: (1) Recrearionfacilities impact fee, per dwelling unit (9 54.23) 200.00 (2) Open space impact fee: (a) An new development and annexation, if applicable, shall be assessed an open space land impact fee equal to four percent of the net land area of the project or an amount of money equal to four percent of the land value. (b) For the expansion of existing projects, the open space land impact fee shall be computed as follows: 1. For nonresidential uses the assessment shall equal two percent of the net land area of the entire project or an amount of money equal to two percent of the land value. 2. For residential uses the assessment shall equal four percent of the net land area attributable to the expanded number of units or an amount of money equal to four percent of the land value. -16- ~ A TIACHMENT 1 APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES Subj~ct Amount (Code 1980, ~9 116.43, 116.49) XYL. SIGNS: Application fees for sign pennits are as follows (~ 44.31): (1) Per square foot of sign faceage 0.40 (a) (b) (c) Minimum, per sign If sign is electrified, additional per sign If the sign has been located, placed, erected, constructed, altered or extended without a sign permit having been obtained for such work, except as provided in subsection 44.31(1), and if such work otherwise complies with the sign regulations of the city, the applicant shall pay treble the amount of the permit fee for such work, in addition to such other penalties as may be imposed. 20.00 20.00 (See also LAND DEVELOPMENT for sign variance application fee) (Res. No. 86--66, ~ 1, 10-16-86) XYIL. SITE PLANS, SUBDIVISION PLATS, LAND USE PLAN AND ZONING ATLAS AMENDMENTS, CONDITIONAL USES, VARIANCES, AND CERTAIN CONTINUANCES: (1) Site plan review: (a) Base charge for each site plan 250.00 Plus 1. For each acre, or fraction thereof 50.00 :. Revalidation of a certified site plan 150:00 (b) (e) Site plan amendment (after certification) 150.00 (d) Transfer of development rights: 1.. With formal site plan review 150.00 2. Without formal site plan review 350.00 (2) Subdivision plat review: (a) Base charge for each preliminary subdivision plat 250.00 Plus 1. For each lot included on the plan 25.00 (b) Revalidation if a certified preliminary subdivision plat 50.00 (c) Subdivision plat amendment (after certification, prior to recording) 50.00 (d) Administrative lot division 150.00 (3) Annexation and initial z.oning and land use requests: (3) Base charge for each application for an agreement to annex or annexation and initial zoning designation (including an individual existing or proposed single-family dwelling -17- A'IT ACHMENT 1 APPENDIX A.SCHEDULE.oF FEES~ RATES AND CHARGES Subj~ct Amount unit) No Charge (4) Land use plan and zoning arias amendmelU requests: (a) Base charge for each application for amendment of the zoning atlas 250.00 (b) Base charge for a zoning amendment and city land use plan amendment on the same property 250.00 Plus 1. For each amendment requiring state approval 100.00 (5) Variance or conditional use requests: (a) Variances: 1. Sign variances involving existing nonconforming signage 2. Other variances for residentially zoned properties 3. Other variances for nonresidentially zoned properties: Single variance request Plus 4. Any additional request for variance with respect to the same property or contiguous properties by the same owner 50.00 100.00 200.00 50.00 (b) Conditional use 200.00* Plus 1. Any additional request for conditional use with respect to the same property or contiguous properties by the same owner 2. For alcoholic beverage sales requests *Exception A: Requests involving transfers of business ownership for which a conditional use permit has previously been issued *Exception B: Requests involving package sales of alcoholic beverages for indoor retail sales uses selling alcoholic beverages as an accessory use and which either: (a) contain a minimum of 25,000 sq. ft. of gross floor area; or (b) sell alcoholic beverages only as part of a "gift set" in which the value of the alcoholic beverage(s) in the set is less than 50% of the value of the total set 50.00 200.00 350.00 100.00 . (c) Rehearings of variance or conditional use requests for which a "trial period I' has been established by an official city board or by the city commission None (6) (a) (b) Appeal from planning and zoning board or development code adjustment board to hearing officer 365.00 Appeal from planning and zoning board to city commission 50.00 (7) Requests for a continuance of any review or other process which would result in additional advenising 50.00' (8) Concurrency review 50.00 Plus (1) For traffic impact study 50.00 ~18- l-~".. :, ATrACHMENT I APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES SubJtct Amount (2) For ve.llted rights detennination 200.00 365.00 (9) Dt!vt/opmcnt agreement review (Res. No. 94--28, i I, 5-19-94; Res. No. 94-52t ~ It 10-6-94; Res. No. 95-14, 9 1, 1-19-95) XVIII. SPECIAL LAND USES: Alcoholic be\''erage establlshmenrs: Fee for application for variance from separation requirements (g 41.091) 125.00 (Res. No. 88-4t 9 1, 1-21-SS) ~ STREETSt SIDEWALKSt OTHER PUBLIC PLACES: Fees for services provided by the depanment of public works (ch. 28): (I) Petition to vacate street (2) Petition to vacate alley (3) Petition to vacate pedestrian walkway (4) petition to vacate easement (5) Petition to vacate other ~ (6) Street name change (7) Address (house number) change (8) UtiJity permit/other uses of ROW Idriveway permit: (a) No inspection required (b) Inspection required (e) Failure to obtain ROW permit before starting work (9) Final subdivision inspection and reinspection 200.00 200.00 175.00 150.00 150.00 200.00 100.00 0,00 20.00 Double fee 50.00 This fee schedule shall not apply to action initiated unless required by the city commission. Pennit Jee to conduct race utilizing public rightsMof-way, per panicipanr 0.25 (1) The city manager may require the applicant to pay the charge as a deposit based upon the estimated number of participants and may deny the permit if the applicant refuses to pay such deposit. (2) The charge shall be remitted by the applicant within two weeks following the race eventt if a deposit has -19- " _..... ATrACHMENT I APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES Subject Amount not been required. If a deposit has been required, any underpayment shall be remitted or any overpayment shall be returned to the applicant within ten days after receipt of the affidavit provided for in subsection (3) below. (3) AU applicants for special event pennits to conduct a race shall provide in affidavit fonn at the time of payment of the charges or a request for refund of overpayment, a statement identifying the event and the number of persons that panicipated in the event. (Res. No. 82-3, ~ 1, IMI4-82; Res. No. 84-72, 8-16-84) ~ TAXATION AND OTHER FEES: ! - (1) Occuparionallicense tax: (a) Registration fee for persons not maintaining a permanent business (9 29.30(3)) (b) Duplicate license fee (9 29.33) (c) Transfer fee (~ 29.38(1), (2)) 25.00 10.00 3.00 (2) Interim proprietary and general services fee, per unit. per month, initially (~ 29.95) 25.00 XXI. TRAFFIC AND MOTOR VEHICLES: (1) Impoundment o/vehicles (9 30.0BO): (a) Charges for towing: 1. Anywhere within the city between the hours of 8:00 a.m. and 5:00 p.m.: a. Regular wrecker pickup b. If dolly required 2. Anywhere within the city between the hours of 5:00 p.m. and 8:00 a.m.: a. Regular wrecker pickup b. If dolly required 3. Towtruck at scene over one hour, each additional hour 4. More than one wrecker or towtruck at scene: a. Each additional wrecker or towtruck during daylight hours b. Each additional wrecker or towtruck during hours of darkness Storage charges: 40.00 25.00 50.00 25.00 35.00 35.00 35.00 (b) 1. 2. Outside storage, per 24-hour period or fraction thereof Inside storage. per 24-hour period or fraction thereof 8.00 10.00 (2) Oeanvater Pass Bridge (~ 30.161): (a) The following toH rates are hereby adopted for the use of Clearwater Pass Bridge: 1. 2. Two-axle vehicles, including motorcycles and mopeds Two-axle vehicle, including motorcycles, mopeds and buses, public agency; token system, two tokens for Three-axle vehicles 0.75 3. 0.25 1.00 -20- .......0 Subj~ct 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. ATIACHMENT 1 APPENDIX A-SCHEDULE OF FEES , RATES AND CHARGES " j J Amount Four-axle vehicles Five-axle vehicles Each additional axle Buses, private PST A buses Jolley Trolley Pedestrians Employees of city on official.business County park employees on official business Emergency vehicles on emergency calls Employees of the Florida Department of Transportation working on the Clearwater Pass bridge replacement project 1.25 1.50 0.25 1.75 0.10 0.10 Exempt . Exempt Exempt Exempt Exempt (b) The rate schedule established in this section shall not be revised except in the manner provided by section 15E of Ordinance No. 3932 of the city. (c) The city manager or, in his absence, the chief of police is hereby authorized to waive the tolls established in this section when in the exercise of his discretion it is determined that such waiver is necessary because of emergency conditions. (Ord. No. 5664-94, 9 1, 9-1-94) XXI!.. TRANSPORTATION IMPACT FEE: Pinellas County Ordinance No. 86-43, administered by the city. assesses a fee on new land development or a change in land use. This fee is based upon the increase in vehicular traffic generated by new development or land use. . XXIII. TREE PROTECTION: Removal: (1) Permit fee (9 52.32): For removal of 1-5 trees Per tree over 5 (2) (3) (4) 15.00 3.00 Fee for appeal following denial of permit (9 52.34) 25.00 Reinspection fee, per additional inspection 25.00 Special inspection fee 25.00 These fees shall be paid prior to the issuance of permits, and such fees shall be nonrefundable. (Res. No. 86-9, 99 1, 2, 2-6-86; Res. No. 93-32, 9 1. 8-30-93) -21- A TIACHMENT 1 APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES Subj~d Amount XXIV. UTILmES - General & Deposits: Deposits and general utility in/onnation.fces, charges and rate schcdNles (932.068): (1) Generally. The public works department will furnish and install water and gas service connections and tap the mains. as well as provide solid waste, wastewater collection and storm water management services, for residential, commercial, business and other purposes. The city wilt charge for such service connections and installation according to a schedule of fees to be established by ordinance, in the form of an amendment to this appendix. The Clearwater Gas System (CGS) will furnish and install natural and propane tLP) l!as service for residential. general service (typically commercia)! business). interruptible (typically industrial), street Ih:hting. gas air conditioning. gas vehicles and other pUlVoses. CGS will provide gas service connections and tap gas mains to serve customers/potential customers where it is detennined by cas management as beinl! feasible. Gas service fees shall be uniformly administered not only within the City of Clearwater hut also throughout CGS's extended service territory in northern Pinellas County and Southwestern Pasco County according to a schedule of fees established by City of Clearwater ordinance as approved by the Clearwater City Commission. in the form of an amendment to this appendix. All charges to the premises shall be made and shall be payable according to the schedule at the time application is made, whether or not an amending ordinance has been codified in this appendix at the time of the application. (2) Deposirs for service: (a) Water: 1. Domestic water service. Each meter service shall be secured by a minimum deposit of $30.00 or three times the minimum monthly charge or three times the average monthly bill for domestic water service, whichever is greatest. 2.. Lawn water service. Each lawn meter service shall be secured by a minimum deposit of $30.00 OI three times the minimum monthly charge or three times the average monthly bill for lawn water service, whichever is greatest. 3. Temporary potable service. Temporary potable service shall be secured by a deposit according to the following table: Less than I" meter 80.00 I" meter 160.00 1 1/2" meter 500.00 2" meter 900.00 3" meter 1 ,250.00 4" meter 2,500.00 4. Temporary nonpotable service. Temporary nonpotable water or "hydrant meter" service -22- (b) (e) . (d) (e) (0 (g) ATIACHMENT 1 APPENDIX A~SCHEDULE OF FEES, RATES AND CHARGES . Subject . Amount shaH be secured by a minimum deposit of $500.00 plus an amount sufficient to cover the cost of water consumed and any other charges incurred. Such service will be provided by a temporary meter on a fire hydrant. Charges will be at the same rate as for a two- inch lawn meter. The final bill shall be for a sum equal to the minimum charge. the cost of water consumed, and a service charge of $25.00. 5. Domestic water service, one week maximum. Domestic water service for not more than seven consecutive days, upon application by pr<?perty owner or the owner's agent, shall be secured by a deposit of $65.00. 6. Domestic water service. three-day maximum. Domestic water service for not more than three consecutive days, upon application by property owner or the owner's agent, shall be secured by a deposit of $40.00. Gas. Each meter service account/premise served by ~as shall be secured by a minimum deposit of $20.00 Of three times the average monthly bilt for gas service, whichever is greater. Initial sinl!le- family residential denosits with no prior consumption history shall be set at S50.OO. Initial non-residential or multi-family residential deposits shall be set at three times the average monthly bill as proiected by the Gas Sales Representative based on the customer's equipment and the planned use of this equipment. The initial deposit may be set at less than the normal three month level upon demonstration of beinl! in business for two years or more or otherwise providin~ satisfactory credit worthiness and by executing- a special deposit/payment agreement approved by the City Mana2er which provides for a more rapid payment schedule than normal. Solid waste. Each customer shall be secured by a minimum deposit of three times the minimum monthly charge for solid waste collection service. Wastewater collection. Each customer shall be secured by a minimum deposit of three times the minimum monthly charge or three times the average monthly bill for wastewater collection service, whichever is greater. . Deposits of cash equivalents to guarantee payment of bills. Commercial deposits in excess of SI,ooo.oo may be made by a surety bond written by an insurance company authorized to do business in the state, or through furnishing a letter of credit from a bank, by making an assignment to the city of a savings and loan investment certificate or passbook, or a commercial bank savings or time deposit certificate, the form for which shall be approved by the city attorney. Housing authorities. A housing authority created pursuant to F.S. ch. 421 may fulfill deposit requirements for the agency or tenant\) of the agency by letter of agreement to be financially responsible for the required deposit or portion thereof. Determination of average monthly bill. For the purpose of determining the amount of any deposit based upon the average monthly bill, the average monthly bill shall be determined according to actual consumption at the premises, regardless of changes in ownership or occupancy of the premises. during the preceding 12 months of actual consumption. For new premises without a prior service history, the deposit for each service shall initially be the specific amount required above or three times the minimum monthly charge, whichever is greater. At the end of the first six months of service, an average monthly bill for all services shall be determined according to consumption at the premises during the first six months of service and the deposit shall be recalculated. If the recalculated deposit is less than 90 percent of the deposit paid by the customer, the difference between the deposit paid and the recalculated deposit shall be credited to the account; provided, however, that the total deposit retained by the city shall be not less than the sum of the specific amounts required above or three times the minimum monthly -23~ ATIACHMENT 1 APPENDIX A~SCHEDULE OF FEES, RATES AND CHARGES Subj~d Amount chargesJ whichever is greater, for each service. If the recalculated deposit is greater than 110 percent of the deposit paid by the customer, the difference between the deposit paid and the recalculated deposit shall be charged against the account. (h) Recalculation of deposits. 1. The amount of a required deposit may be reviewed and adjusted based upon actual consumption at the end of the customer's initial six months of service or most recent 12 months of service, upon request of the customer. 2. The city may increase the deposit requirement o'n any account to three times the current monthly average bill at any time should that account be in arrears, or if the customer has presented a subsequently dishonored check for payment or has had more than two past due reminders in any consecutive 12-month period. Refund of deposits. The deposit for a residential or community service organization account with an individual meter shall be returned after two continuous years of good account experience. For the purpose of this paragraph and for subsection G) below, "good account experience" means not more than two past-due reminders in any twelve-month period, no disconnection of service for nonpayment, no dishonored checks, no evidence of meter tampering, and no evidence of fraudulent use of the utiBties system. Deposit requirement exemption. Except for temporary service, an applicant for service to a residential or community service organization account with an individual meter shall be exempt from the deposit requirement if the applicant presents written verification from a public utility that the applicant has had good account experience during the most recent 12-month period, or the last 12-month period of service by the public utility if occurring within the preceding 24 months. However, if the account should at any time be in arrears, or if the customer should receive more than two past--due reminders in any 12-month period or present a subsequently dishonored check, or in the event of meter tampering or fraudulent use of the utilities system by the customer, the city may require a deposit in the amount required for a new account. Interest on deposits. Interest on deposits held by the city shall accrue beginning as of October 1, 1992. The interest rate shall be an index rate established as of October 1 each year, and the index rate shall remain in effect through the next September 30. The index rate shall be the three-month average of two-year Treasury security yields for the period from July 1 through September 30 immediately preceding the fiscal year in which the index rate is applicable. Interest accruing from October I, 1992, through September 30, 1993, shall be the three-month average of two~year Treasury security yields for the period from July 1 through September 30, 1992. ThereafterJ the index rate shall be annually recalculated and effective from October 1 through the following September 30. Annual payment will occur as a credit posted to the customer's account commencing with the first bill rendered on or after October 1, 1993, and each October 1 thert~after. A customer who posts a deposit after October I, 1992, will receive interest calculated from the deposit date and credited to the account on each October I for as long as the city retains the deposit. A customer who terminates service, or whose service is terminated, will receive a pro-rated interest credit to the termination date on the final bill. A customer who qualifies for a deposit refund will receive a pro-rated interest credit to the refund date. Notwithstanding the foregoing, an interest payment or deposit refund in an amount Jess than $1.00 may be paid in cash but shall nO( be mailed. XXV. PUBLIC WORKS M FEES. RATES AND CHARGES / ~)" -",,1, ~.. '\ " ~.J 1-. ~ ..', / (i) (j) (k) ! I " I .f..1.}ffilmpacr fees: -24- AITACHMENT 1 A~PENDIX A.SCHEDULE OF FEES, RATES AND CHARGES Subj~ct Amount (a) Water. There is hereby imposed a water impact fee, based on the capital portion of the cost of financing the extension of the city's water system, on the single.family residential unit or equivalent single-family residential unit, or equivalent living unit, which is responsible for creating the need for additional water system financing. The obligation for payment of the fee shall occur at the time the first building or plumbing permit is issued. The water impact fee shall be payable at the building division at the time the first building or plumbing permit is issued, as follows: 1. Residential accounts. SingleMfamily, duplex, and multifamily residential, regardless of the form of ownership, and mobile homes, per unit 480.00 . 2. Each nonresidential account will, for the purpose of establishing the water impact fee, be considered to comprise a number of equivalent living units based upon the size of water meter required to serve the account. The water impact fee shall be $480.00 for each equivalent living unit. Equivalent living units and fees shall be determined according to the following table: . MeIer Size Equivalent Living Water Impact (inches) Unir Fee Less than 1 1 $ 480.00 1 2.5 1,200.00 1 1/2 5 2,400.00 2 8 3,8.ro.00 3 Compound 15 7,200.00 4 Compound 25 12,000.00 6 Compound 50 24,000.00 3 Turbo 17.5 8,400.00 4 Turbo 50 24,000.00 6 Turbo 100 48,000.00 3. Each additional unit or equivalent living unit occasioned by changes in property usage subsequent to April 1, 1990, shall be subject to a water impact fee computed in accordance with subsection (3)(a)1. or (3)(a)2., above, whichever is applicable. If a building permit is issued for an existing connection which will increase water demand, the total number of units or equivalent living units for the old and new parts of the structure shall be computed in accordance with subsection (3)(a)1. or (3)(a)2. above. The number of new units or equivalent living units shall be determined by subtracting the number of old units or equivalent Jiving units in the entire structure from the total number of units or equivalent living units. The water impact fee will be assessed on the remaining number of new units or equivalent living units. 4. Whenever any work for which an impact fee required by this subsection has been commenced without first paying such fee, then such fee shall be tripled. 5. New lawn meters shall be assessed by meter size as follows: -25- a.,... Subjut ATIACHMENT 1 APPENDIX A-SCHEDULE OF FEES," RATES AND CHARGES Meter Size (inches) Less than 1 1 2-1 in manifold 1 1/2 2 3 compound 4 compound 6 compound 3 turbo 4 turbo 6 turbo (b) Storm drainage. See the building code adopted in chapter 47. Amount Water Impact Pee $ 70.00 175.00 350.00 350.00 560.00 1,050.00 1.750.00 3,500.00 1,225.00 3,500.00 7,000.00 (c) Wastewater impact fees. Payable at the building division at the time the first building or plumbing permit is issued: 1. Residential accounts. t1 2. Single-family, duplex, and multifamily residential (regardless of the form of ownership), and mobile homes, per unit Each nonresidential account will, for the purpose of establishing the wastewater impact fee, be considered to comprise a number of equivalent single-family residential units or equivalent living units based upon the size of the water meter or meters required to serve the account. The wastewater impact fee shall be $900.00 for each equivalent living unit. Equivalent living units and fees shall be determined according to the following table: Meter Size Equivalent Living Units (inches) Less than 1 1 I 2.5 1 1/2 5 2 8 3 Compound 15 4 Compound 25 6 Compound 50 3 Turbo 17.5 4 Turbo SO 6 Turbo 100 -26- 900.00 Wastewater Impact Fee $ 900.00 2,250.00 4,500.00 7,200.00 13,500.00 22,500.00 45,000.00 15,750.00 45,000.00 90,000.00 .. ATIACHMENT 1 APPENDIX A-SCHEDULE OF FEESt RATES AND CHARGES Subject Amount 3. Each additional unit or equivalent living unit or part thereof, occasioned by changes in property usage subsequent to April 1, 1990, shall be subject to a wastewater impact fee computed in accordance with the rates set forth in subsection (3)(c)1. or (3)(c)2. above, whichever is applicable. If a building permit is issued for an existing connection which will increase wastewater co\1ection demand, the total number of units or equivalent living units for the old and new parts of the facility shall be computed according to subsection (3)(c) 1. or (3)(c)2. above. The number of new units or equivalent living units shall be determined by subtracting the number of old units or equivalent living units in the entire facility from the total number of units or equivalent living units. The wastewater impact fee will be assessed on the remaining number of new units or equivalent living units. ~Connectlon charges, fees and taps on mains. The following charges and fees shall be payable to the city upon application: (a) Water meter connection charges and fees for taps on water maiost backflow prevention device installations, and fire taps on water mains; fire hydrant installation charges: Water Meter Connection Qwrges 1" meter with 1" service line $ 210.00 280.00 530.00 700.00 2,950.00 2,965.00 2,985.00 3,035.00 3,085.00 3,130.00 3,255.00 3t270.00 , . 3,290.00 3,340.00 Less than 1" meter with 3/4" service line 1 112" meter with 1 1/2" service line 2" meter with 2" service line 3" meter on 6" main (4" tap) 3" meter on 8" main (4" tap) 3" meter on 10" main (4" tap) 3" meter on 12" main (4" tap) 3" meter on 16" main (4" tap) 3" meter on 20" main (4" tap) 4" meter on 6" main 4" meter on 8" main 4" meter on 10" main 4" meter on 12" main M27- ,) ATIACHMENT 1 APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES Subjl!ct Amount 4" meter on 16" main 3,390.00 4" meter on 20" main 3,435.00 Larger meters and taps shall be charged at cost. Taps on Water Mains 2" tap on 2" main .260.00 2" tap on 4" main 315.00 2" tap on 6" main 330.00 2" tap on 8" main 335.00 2" tap on 10" main 390.00 2" tap on 12" main 390.00 2" tap on 16" main 470.00 2" tap on 20" main 470.00 4" tap on 4" main 920.00 4" tap on 6" main 935.00 4" tap on 8" main 955.00 4" tap on 10" main 1 ,070.00 4" tap on 12" main 1,125.00 4" tap on 16" main 1,275.00 41t tap on 20" main 1,325.00 6" tap on 6" main 1,130.00 6" tap on 8" main 1,195.00 6" tap on 10" main 1,255.00 611 tap on 12" main 1,355.00 -28~ All charges for services, pipe and meters OuUiide the city limits shall be 25 percent additional. i I I ! I . , 1 ! I I , r AlTACHMENT I APPENDIX A-SCHEDULE OF FEESt RATES AND CHARGES All charges for services, pipe and meters outside the city limits shall be 25 percent additional. Backjlow Prevention Device Installation Charges for furnishing and installing reduced-pressure (RP) or double-check (DC) backflow prevention devices, when required by city ordinance, are as follows: -- New Customers ,~ Size Single Parallel Single Parallel (inches) DC DC RP RP 3/4 $ 210.00 S 355.00 $ 260.00 $ 460.00 3/4 (below ground, in box 320.00 N/A N/A N/A required with lawn meter) 1 225.00 385.00 285.00 500.00 1 (belowground, in box 335.00 N/A N/A N/A required with lawn meter) 1 1/2 320.00 595.00 420.00 785.00 2 395.00 770.00 495.00 975.00 3 1,280.00 2,560.00 1,485.00 2,970.00 4 1.710.00 3,165.00 1,960.00 3,700.00 -29- - , ATfACHMENT 1 APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES Subj~ct Amount 6 2,345.00 4,560.00 2,655.00 5,180.00 8 3,910.00 7,650.00 4,755.00 9,335.00 Standard installation is above ground. Existing Cusrorners . Size Single Parallel Single Parallel (inches) DC DC RP RP 3/4 $ 100.00 $ 200.00 $ 140.00 $ 280.00 3/4 (belowground, in box 210.00 N/A N/A N/A required with lawn meter) 1 105.00 210.00 145.00 290.00 1 (belowground, in box 215.00 N/A N/A N/A required with lawn meter) 1 1/2 235.00 470.00 315.00 630.00 2 285.00 570.00 365.00 730.00 3 1,140.00 2,280.00 1,370.00 2,740.00 4 1,255.00 2,510.00 1,560.00 3,120.00 6 1,775.00 3,550.00 2,305.00 4,610.00 8 2,975.00 5,950.00 3,680.00 7,360.00 Standard installation is aboveground. Addirional Fees for Detector Check and Double Detector Check Installation on Fire Lines, exclusive of any required tap and charge for such rap New Customers 2" single detector check with 5/8" bypass meter 4" double detector check with 5/8" bypass meter 6" double detector check with 5/8" bypass meter 8" double detector check with 1" bypass meter $ 900.00 2,150.00 2,680.00 3,730.00 -30- ATIACHMENT I APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES Subj~C1 Amount Existing Customers 2" single detector check with 5/8" bypass meter 835.00 4" double detector check with 5/8" bypass meter 1,490.00 6" double detector check with 5/8" bypass meter 2,025.00 8" double detector check with 1" bypass meter 3,075.00 Detector check installations not included in above table will be charged to customers on a time and materials basis. , All charges for services. pipe and meters outside the city limits shaH be 25 percent additional. ,I Fire Hydrant Instal/arion Charge for furnishing and installing one fire hydrant exclusive of the required tap and charge for such tap $ 775.00 Charges for any hydrants that are not adjacent to the main or that require additional piping. restoration, materials or labor shaH be increased by actual material and labor costs, plus overhead. (1:1) Ge5 permit al'lli inspection fees. :'-ny lUlU all fees provided for in this section shall be payable llfld cellectoo at the building division of the city. 1. ^ basie fee of $1.50 plus $0.50 for each outlet shall be charged for each goo house piping permit, such fee to cover Bne inspection. t.l.n additional fee of $2.00 shall be charged for each additional inspection requiroo te obtain finw appro'tal of the 'Nork .1 1......-1.. . .-1~ . . II' . . uue to war.... uClRg uon6 1ft sections or to Improper or uClectl'le Insta atlOns requlfIRg replacement 6r cerrection. 2. 'Nhere 0813 or more gas appliances are to be installed, a fee of $0.50 shall be pai4--fef' the inspeetion of t:h8 first applillAee and $0.25 for eaeh appliance iR excess of ORe. The fee for a 'Hater heater shall include the inspection of both the gas 11111:1 'Nater connections. ',llllere additional appliwlee inspections are required dH0 to improper or defective installations a fee of $1.00 shall be charged f-or each such inspection. 3. Where one or more existing appliElflees are to be replaced, a permit shall be required and a fee ef $0.50 paid for the first sllch replaeemenHlfld a fee ef $0.50 paid for eaeh replacement in excess of one 'Nhen done at the same time. The minimum f-ee for the correetien of a violation shall be $0.50. 4. If ooy person fails to pay lll1Y or all fees speeified above when due, the building official shall refuse to give final approval to the .....erl{ until all fees have been paid. S. One permit document -may he used to cover all items for which a fH:lfmit is required '.vheR applied..fer-at-efle time. fu)~ Reclaimed water system connection fee: 1. Standard connection assembly (tap, service line, valve, meter when required, and backflow prevention device when required, installed at the property line), to be furnished and installed by the city: Actual cost of materials and labor. -31- . .~"...~ ATIACHMENT 1 APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES Subj~ct Amount 2. Nonstandard connection assembly: Actual cost of materials and labor. 3. When backflow prevention device on potable water supply is required: Actual cost of materials. .~ Rates: (a) Water rates. Water rates for all water furnished by the city shall be as follows: 1. Domestic water rates shall be the following based on monthly consumption and will take effect on February It 1992t and October 1, 1992, as shown in the following tablet and shall remain in effect thereafter unless amended: . ";t , Meter Size February 1, October 1, 1992 1992 Under IMinch: Minimum charge with usage $ 5.88 $ 6.12 up to 400 cubic feet Plus, from 401 to 1,200 cubic 1.78 1.86 feet, per 100 cubic feet Plust from 1,201 cubic feet 2.11 2.20 up, per 100 cubic feet I-inch: Minimum charge with usage 13.23 13.76 up to 900 cubic feet Plus, from 901 to 5,400 cubic 1.78 1.86 feet, per 100 cubic feet, per 100 cubic feet Plus, from 5,401 cubic feet 2.11 2.20 UPt per 100 cubic feet 1 112-inch: Minimum charge with usage 196.98 204.86 up to 13t4OO cubic feet Plus, from 13,401 to 18,700 1.78 1.86 cubic feet, per 100 cubic feet Plus, from 18t 701 cubic feet 2.11 2.20 up, per 100 cubic feet 2-inch: -"j *32- .... .~..' , ATIACHMENT 1 APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES Subj~C1 Meter Size Minimum charge with usage up to 31,100 cubic feet Plus, from 31,101 to 45,800 cubic feet, per 100 cubic feet Plus, from 45,801 cubic feet, per 100 cubic feet 3-inch or 2Minch in manifold: Minimum charge with usage up to 48,000 cubic feet, Plus, from 48,001 to 63,400 cubic feet, per 100 cubic feet Plus, from 63,401 cubic feet up, per 100 cubic feet 4-inch: Minimum charge with usage up to 92,400 cubie feet Plus, from 92,401 to 130,900 cubic feet, per 100 cubic feet Plus, from 130,901 cubic feet up, per 100 cubic feet 6-inch: Minimum charge with usage up to 237,300 cubic feet Plus, from 237,301 to 270,700 cubic feet, per 100 cubic feet Plus, from 270,701 cubic feet up, per 100 cubic feet 8-inch: Minimum charge with usage up to 400,000 cubic feet February 1, 1992 457.17 1.78 2.11 705.60 1.78 2.11 1,358.28 1.78 2.11 3,488.31 1.78 2.11 5,880.00 -33- Amount October 1, 1992 475.46 1.86 2.20 733.83 1.86 2.20 1,412.62 1.86 2.20 3,627.85 1.86 2.20 6,115.20 ';01...... . :' AITACHMENT 1 APPENDIX A-SCHEDULE OF FEES. RATES AND CHARGES Subj~ct Amount Meter Size Plus, from 400.001 to 456.300 cubic feet, per 100 cubic feet Plus, from 456,301 cubic feet up, per 100 cubic feet February 1, 1992 1.78 October 1, 1992 1.86 2.11 2.20 2. Lawn water meters. Lawn water rates shaH be as follows: Lawn merer size. .. Under I-inch: Base charge, with no water allowance Plus, up to 200 cubic feet, per 100 cubic feet Plus, from 201 cubic feet up, per 100 cubic feet I-inch: Base charge, with no water allowance Plus, up to 900 cubic feet, per 100 cubic feet Plus, from 901 cubic feet up, per 100 cubic feet 1 1/2Minch: Base charge, with no water allowance Plus, up to 1,200 cubic feet, per 100 cubic feet Plus, from 1,201 cubic feet up, per 100 cubic feet 2-inch: Base charge~ with no water allowance Plus, up to 5,400 cubic feet, per 100 cubic feet Plus~ from 5,401 cubic feet up, per 100 cubic feet 3-inch or two 2-inch in manifold: Base charge, with no water allowance Plus~ up to 13.400 cubic feet, per 100 cubic feet Plus, from 13,401 cubic feet up, per 100 cubic feet 4-inch: Base charge, with no water allowance Plus, up to 31,100 cubic feet, per 100 cubic feet Plus, from 31,101 cubic feet up, per 100 cubic feet 6-inch: Base charge, with no water allowance Plus, up to 48,000 cubic feet, per 100 cubic feet Plus, from 48,001 cubic feet up, per 100 cubic feet $ 2.18 1.98 2.73 6.54 1.98 2.73 32.70 1.98 2.73 91.56 1.98 2.73 180.94 1.98 2.73 I I 348.80 I i 1.98 j 2.73 I , ! t i 1,052.94 j 1.98 j 2.73 3. Standby and other charges for fire protection systems. For fire hydrants and fire protection systems on private property connected to the city water system, the customer shall pay a monthly standby charge as set forth in the following table: Facility Monthly -34- ~ .. A IT ACHMENT 1 APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES , I Subj~ct Amount Charge Fire hydrants, per hydrant Fire protection systems, based on fire line size, per building: 6 inches or less 8 inches 10 inches 12 inches or larger $ 5.00 . 5.00 9.00 14.00 20.00 Water drawn from a fire line and used for purposes other than firefighting will be charged at the lawn meter rate if the water does not enter the sewer system, or the domestic rate if the water enters the sewer system. Such charges shall be in addition to the monthly standby charges. 4. Service out of municipal limits. Accounts outside of the corporate limits of the city shall be subject to a surcharge equal to 25 percent of the monthly charges. 5. A charge of the monthly minimum for a 1 1/2-inch water meter is required for a deduct meter for air conditioning cooling water and similar purposes, but not for lawn irrigation purposes. This charge shall be required only where a separate irrigation meter cannot be set in the right-of-way or easement and the meter reader must physically read and deduct consumption for billing purposes. 6. The water rates shall be adjusted periodically to recover any increased cost to supply water due to changes in the wholesale rate the city pays for water. Any such adjustment shall be a proportionate increase based upon the ratio of water the city buys wholesale to total system water. Such rate adjustment shall be recommended by the public works director and approved by the city manager, and a copy shall be filed with the city clerk following approval. 7. Dormant accounts. The monthly charge for a dormant lawn water account shall be at the applicable water lawn base charge for the size of meter at the premises. (13) Gas service rates. The fallowing rates shall apply to users of g85 provided by the eity: 1. Gefteral service rate, natural gas containing not less than 1,000 Btu's per cubic foot. a. Monthly charges for open account '/lith g85 meter on during the month. ,A.ceo"nt charge 1.00 First 3 therms af less used 3.00 Each additional therm used T or prevsl IRg rate 0.69436 Minimum monthly bill 4.00 b. Monthly eharge for open aeemmt wil:h gllS meter off, or for dormant utilities aeco~ Mtfflthly fixed charge 1.00 -35- I : , ATIACHMENT 1 APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES Subj~ct Amount 2. Interruptible service rat-e;-bnsed en swc of Aoturw gas at reduced rate in exchange for right to interrupt gas supply tB high volume user having wternative source. Rate to be ogreed upon by customer aAd city. The contract shall inelude-minimum monthly eOll5umptian le-,'els, alternative fuel supply capacity, righHa interrupt supply-an6 conditions for supply interruptiorl5tlH1d other terms-4eemed-necessary. The city manager is authorized to negotiate the terms of such eonffitet5-:- 3. Franchise fees shall be levied by the city on e','~ry purchase of natural gas provided by the €lity, a.~ the rate paid by the city to the municipality where the service is delivered, ~t as may be otherwise provided in the franchise agreemeAt. 4. l\1l areas north of State Road 589 and all areas east of McMullen Booth Road served by gas mains or ceftAcctions made after October I, 1983, are subject te a surcharge of $0.035 per therm unless sueh a surcharge is prevented by a ffanchise agreement with tfie-efty-: 5. Standby gcncraters fueled by noturw gB5. a. Monthly charges fer epcA account ';/ith gas meter on during the ftl6flth.: ACCOI:lRt charge 1.00 First 75 therms or less usee 60.09 Eacn additienw thcrm usee or pre'Jailing rate 0.69436 Minimum monthly Bill 61. 00 b. Monthly charge for open account with gas meter off, ar for dormant utilities aeCollnt, each full month: Monthly fixed charge 1.00 €i. Liquid provane:- a. Commercial, per ganon used or prevailing rate f.1I other, per gallon used T or prevol lAg rate 9.9733 b. 1.2433 7. Prevailing-rRtes. The menthly gElS charges are subject to an adjustment per therm or per gallon [-or increases or decreases in the- sUftillier's Fate far purchased gas in aeeenlance with the provisions of the supplier's tariff as recommended by the pubHe werks direetor and appro....ed by tile city manager. Upon approval of any SliCR rate fttijustmeRt, a ~opy shall be filed with the city clerk. 8. DiscolintOO gas service rutes. TIle rnef1thly gus service rate5-fflay-be disemlRt~ -36. AITACHMENT I .1 APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES Subject Amount therm or per gallOR 13)' writteR service agreement as recommended by the gas system managing director and approved by t:he eity mB:flager. The discount shal.l Rat exeeed ORe third of the otherwise applieable gas service rate, unless approved by the city oommissioR. DpeR approval of eRY sHeH discount. a copy of the serviee agreeme~ shell he filed with th&- eity elerk. .aute1 Wastewater collection utility rates. 1. , There is hereby established a uniform schedule of rates and charges for the use or availability of use of the wastewater collection system. The wastewater collection utility rate shall be a monthly fee consisting of a minimum charge for an assigned volume of domestic water associated with each water meter size, shown as the basic allowance in the following table, plus a charge per 100 cubic feet for water consumed above the assigned volume. Such rates shall take effect on February It 1992, and October 1, 1992, as shown in the following table, and shall remain in effect thereafter unless amended: Base Momhly Charge With or Without Conslullption FebruQI}' J I October I, Basic Allowance Size of Merer 1992 1992 (cubic feet) Under I-inch $ 8.88 $ 9.44 400 or less 1 Minch 19.98 21.24 900 or less 1 1/2-inch 297.48 316.24 13t4OO or less 2-inch 690.42 733.96 31,100 or less 3-inch or 2 2-inch manifold 1,065.60 1,132.80 48,000 or less . . 4-inch 2,051.28 2.180.64 92,400 or less ~! 6-inch 5,268.06 5,600.28 237,300 or less 8-inch 8,880.00 9,440.00 400,000 or less Charge per 100 cubic feet of water used over the basic allowance 2.22 2.36 4. 5. . 2. Service outside of the municipal limits. Accounts outside the corporate limits of the city shall be subject to a surcharge equal to 25 percent of the monthly wastewater collection utility charges. The wastewater collection utility rate schedule shall be reviewed by the city commission as a part of the annual fiscal budget preparation to ensure that adequate revenues are generated to pay the costs of operation, maintenance and outstanding bond service requirements. The wastewater collection charges provided in this section shall not apply to sprinkler irrigation systems separately metered or deduct meters. Basis where water is unmetered. For accounts existing as of the effective date of this article, at premises which have a source of water other than city water system, where the spent or used water from which goes into the wastewater collection system, the customer shall pay a charge according to the schedule provided in this section. based 3. -37- ATTACHMENT I APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES Subj~ct Amount upon an estimate of the amount of water going into the wastewater collection system. In the event of a disagreement as to the amount of such water reaching the wastewater collection system, then a metering device or devices shall be installed at the customer's expense to determine that amount. For accounts established after the effective date of this article, the customer shall install at the customer's expense a water meter on the water service line, which meter shall be accessible to city employees for the purpose of reading the meter. Water consumption measured by such meter shall be the basis for the wastewater collection charges for the premises. 6. Dormant accounts. The monthly charge for a dormant account shall be at the applicable sanitary sewer base monthly charge for the size of meter at that premises. ,(gl(61 Solid waste collection rates. 1. Monthly charges for twice weekly collection of solid waste in prescribed containers. a. Single-family and multiple-family dwellings. (i) Curbside pickup: $16.30 minimum for each living unit with no limit on the number of containers per unit on manual pickups. One 90-gallon container will be provided for automated service. Additional 90-gallon containers will be provided at the discretion of the director of public works at the rate of $16.30 per container. Where routes are automated, automated service shall be the only option. (ii) Side or rear building collection: $32.60 minimum for each living unit. Manual pickup has a limit of two containers, each having a capacity no larger than 32 gallons per unit. A fee of $11.37 each will be charged for each additional 32-gallon or smaller container for rear yard pickup. A fee of $32.60 will be charged for side or rear building collection of each 90-gallon container. (iii) Base charge: $5.42 for each account. The base charge wilt be included in the monthly charge for active accounts. Dormant accounts will be assessed the base charge. b. Motels, apartment motels, or apartments renting by day or week; all containers serving the premises shall be centrally located at one collection point. (i) Curbside pickup: First living uni,t, minimum 16.30 All additional living units, per unit 8.53 (ii) Side rr rear building collection: First living unit, minimum 32.60 All addidonalliving units, pef unit 16.30 -38- '.j Subject AITACHMENT 1 APPENDIX A.SCHEDULE OF FEES, RATES AND CHARGES Amount Motels, apartment motels, or apartments renting by day or week with commercial containers. In accordance with the schedule in subsection (5){d)2.a. of this section. Commercial buildings of all types such as stores, hotels, factories, filling stations, service establishments and the like with separate water metering for twice weekly collection. c. d. (i) (ii) Curbside pickup, minimum , Side or rear building collection: Two containers, minimum Each additional container Commercial containers: In accordance with the schedule in subparagraph (5)(d)2.c of this section. 16.30 32.60 11.37 e. Each building containing four or more separate business or professional offices and one common water meter. (iii) (i) Curbside pickup: First eight containers Each container in excess of eight Side or rear building collections: First eight containers Each container in excess of eight Commercial containers: In accordance with the schedule in subparagraph (5)(d)2.c. of this section. (ii) (iii) 2. Monthly charges for daily commercial (except Saturday, Sunday and holidays) collection for solid waste in prescribed containers. a. Curbside pickup: (i) (ii) One container, minimum Each additional container b. Side or rear building collection: (i) (ii) One container, minimum Each additional container c. Commercial containers: (i) Uncompacred commercial: -39- 68.20 10.00 136.40 20.00 42.62 42.62 85.25 85.25 ATTACHMENT 1 APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES Subject :1 Amount : I Size Times per Week Pickup (cubic yard) 1 2 3 4 5 6 1 $ 41.82 $ 75.85 $108.86 $150.37 $ 198.78 288.64 2 75.90 138.66 201.41 277.33 369.18 543.06 3 98.19 179.40 260.60 358.85 477.71 702.72 4 117.94 217.60 317.26 437.83 583.70 859.85 .' 5 118.12 236.23 354.35 497.24 670.13 997.40 6 159.50 296.07 432.64 597.87 797.76 1,176.17 8 201.38 374.91 548.44 758.38 1,012.37 1,217.64 No new one-yard commercial containers shall be provided after January 3, 1991. (ii) Compacted commercial: I Size Times per Week Pickup I (cubic I yard) I I 1 2 3 4 5 6 I 1 $ 88.82 $ 177.65 $ 266.47 $ 373.94 '$ 503.95 $ 750.06 I I 1 2 151. 86 303.71 455.57 639.29 861.56 1,282.32 I I ! 3 214.89 429.78 644.66 904.64 1,219.17 1,814.58 I I 1 i 4 277.97 555.94 833.91 1,170.21 1,577.07 2,347.28 I I 5 340.95 681.90 1,022.85 1,435.34 1,934.39 2,879.09 40- Size (cubic yard) 6 8 ATIACHMENT 1 . APPENDIX A-SCHEDULE OF FEES~ RATES AND CHA.RGES Subjtct Amount TImes per Week Pickup 1 5 6 2 3 4 403.98 1,700.69 3,411.35 2,291.99 807.96 1,211.95 , 530.04 2,231.40 3,007.21 3,616.95 1,060.09 1,590.13 3. The charge for the collection of loose trash or garbage shall be $149.50 per hour or $2.49 per minute for time on site with a minimum charge of $25.00. 4. The charges set forth above shall be subject to adjustment for increases or decreases in the dump fee. Uniform increases or decreases shaH be recommended by the public works director and approved by the city J;Ilanager, and a copy of the adjusted charges shall be filed with the city clerk. Other increases or decreases shall be subject to approval by the adoption of an ordinance by the city commission, upon the recommendation of the city manager. @te1 Recycling. 1. 2. Recovered materials dealer annual application fee Curbside recycling: . $50.00 a. Monthly charges for curbside service for once-weekly collection for each unit: Calendar Year 1994 1998 1995 1996 1997 $1.99 2.12 2.05 1.99 2.05 b. Charge for additional curbside recycling bins or replacement of bins lost or damaged due to negligence shall be: Cost plus $1.00 handling charge per bin (one-time charge per delivery). c. Charge for a curbside recycling bin toter shall be: Cost plus $1.00 handling charge. d. Special collection of recyclables where City services a bin at the residence or carries bin to curb, without physician's certification of medical necessity, shall be: Twice the curbside recycling charge. 3. Monthly charges for multifamily collection of prescribed service: a. Service with semi.automated carts: -41. -42~ - . ATIACHMENT 1 APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES Subj~ct Amount Calendar Year 1994 1995-97 1998 2x 14.00 14.50 15.00 , 3x 21.00 21.75 22.50 4x 28.00 29.00 30.00 i . . , j 5x 35.00 36.25 37.50 6x 42.00 43.50 45.00 . , b. Service with non-compacted commercial container: TImes Per Week Pickup Dwnpsrer 1 2 3 4 5 6 Sit.e (cubic yard) 2 $44.02 $80.42 $118.82 $160.85 $214.12 $314.97 3 56.95 104.05 151.15 207.84 277.07 407.58 4 68.41 126.21 184.01 253.94 338.55 498.71 6 92.51 171. 72 250.93 346.76 462.70 682.18 8 116.80 217.45 318.10 439.86 587.17 706.23 Multifamily complexes serviced with one compartmentalized container cluster of four equates to one three cubic-yard dumpster. 4. Monthly charges for commercial collection represents the target level of commercial recycling from which the solid waste division will flex up or down to be competitive with certified recovered materials dealers (private recycling companies) operating -43- ATIACHMENT 1 APPENDIX A4SCHEDULE OF FEES, RATES AND CHARGES Subject Amount within Clearwater. a. The target level charge for service with semi-automated carts shall be charged on the same basis as rates included in 3.a. b. The target level charge for service with non4compacted commercial containers shall he the same as rates included in 3.b. above. OO~ Stormwater management utility rates. The stormwater ~anagement utility rates shall be based upon the revenue requirements for the construction, administration, management, engineering, operation and maintenance of the stormwater managem~nt system, and the adopted capital improvement program funding needs of the system. For the purposes of these rates, the terms shall have the meanings set forth in section 32.242 or, if not defined in section 32.242, in sections 32.002 or 1.02. 1. Basic rate. The rate for one equivalent residential unit or ERU shall be established at $3.00 per ERU per month. 2. Residential property fees. The monthly fee for each residential property shall be: Single-family Duplex. units Condominium units Apartments Mobile homes 1 ERU/dwelling unit 1 ERU/dwelling unit 1 ERU/dwelling unit 1 ERU/dwelling unit 1 ERU/dwelJing unit 3. Nonresidential property fees. Nonresidential property shaH be charged on the basis of the impervious area of the property in accordance with the following formula: Impervious area (sq. ft.) divided by 1,830 sq. ft. = Number of ERU's. A minimum value of 1.0 ERU shall be assigned to each nonresidential property. The impervious area of each nonresidential property shall he as detecmined by the city engineer. ERU's shall he rounded to the nearest one-tenth of a unit. 4. Undeveloped property. Stormwater management utility fees shall not be levied against undeveloped property pursuant to this article. .moo Reclaimed water rates. The uniform cate foc the use or availability of use of the reclaimed water system shall be $13.77 per month per acre of pervious area for all reclaimed water system customers. "Pervious area" means as defined in Section 32.352. This rate shall be reviewed annually and revised as necessary to recover the operating and maintenance costs of the reclaimed water system in a fair and equitable manner. ffi(et Miscellaneous additional charges: (a) Applicable during normal working hours: 1. Tum...on (iReh:ldes iRitiallight up only, tloes Rot inelude any service): -44- . A IT ACHMENT 1 APPENDIX AMSCHEDULE OF FEES, RATES AND CHARGES Subjtct Amount a. G~ meter, per meter Water meter, per meter 20.00 20.00 b. 2. 3. 4. 5. S-6. 7. 28. 19. Special reading Collector fee (for each collection attempt) Check reading (if correct reading has been made) Turn OR gas pilot Read for change of account Reset metef-Gas Reset meter-Water Water meter test if meter is correct: ~ 15.00 5.00 15.00 15.00 15.00 50.00 50.00 a. Less than or equal to 2-inch size Greater than 2Minch size 50.00 100.00 b. ~.J.Q. Dishonored check service fee. See section 2.528 II. Gas meter testing (in shop) if meter is eorreet 25.00 . 12. Return call Customer not present at first call as arranged 15.00 2H. Turn-off, gas-ef water N/C 14. Inspections: B. First hookup or B.flpl ianee 3.00 b. Eaeh additional hookup or appliance 1.00 ~. Lawn meter removed 70.00 ll-l6. Duplicate bill preparation for payments (mailed in or customer walk in) N/C 12-l+. Water meter downsize or upsize (no new tap needed): '- a. From IMjnch meter or to I-inch meter 60.00 .:.~ .~ b. From 1 II2-inch meter or to 1 112Minch meter 110.00 c. From 2-inch meter or to 2M inch meter 160.00 d. From 3-inch meter or to 3-inch meter 330.00 e. From 4-inch meter or to 4-inch meter 385.00 f. From 6-inch meter or to 6-inch meter 400.00 Any combination of downsizing and subsequent upsizing or upsizing and subsequent downsizing for the same service, per meter, will not be allowed more than once every three years. l3.-l-S . Leaks, gas-&f water N/C (b) The charges in the preceding table will be doubled for services between 4:30 p.m. and 8:00 a.m. on workdays and all day during holidays and weekends. (e) Demestie service eharge. Thirteen dollars per employee per one half hour with a $26.00 minimum. (d) Commercial ifl5taJlatioR. 45- A TrACHMENT I . APPENDIX A~SCHEDULE OF FEES, RATES AND CHARGES Subject Amount 1. Thirteen sellars per employee per one half hour for one employee anu a tnlelc, 'lIilfl.-a $26.00 minimum. 2. Twenty six sellars per ene hwf hour f-or t'NO employees and a truel" with 8 $26.00 minimum for delivery ar a $39.00 minimum for repair and installation. (0) Mileage charge. fA mileage charge ef $0.50 per mile 'Nm be added to all service calls outside the 6riginal ga:s serviee area, unless prohibited by a gas system franchise. The original gas service area is Bounded on the seuth by UlmertoR ReaEl, on the 'Nest by the Gulf of Mexico, en the north by Curle'.... Road and on the east by Tampa Bay l:\fId the Lake Tarpon CanaJ..: (f) Spceial seasonal gas turn OR. The city manager is authorized to reduce the ~8:S rurn OR charge by Rat more than 50 percent during 8 period beginning not earlier thllR September 1 and ending not later than November 39, as reeomrnended by the publie works director, in order to eneeurage early turn on and to reduce the worklead at the beginning of tht) heating season. illt+7 Orher miscellaneous charges: (a) Water: 1. 2. 3. 4. 5. (b) Gas: 1. 2. 3. 4. 5. Unauthorized water system use: For any use of water, unauthorized, per occurrence Bypass: Ten percent of average monthly bill for each day since last reading. Broken stop locks on water meters Repair or replace tampered or damaged meter or any other part of the water system: $20.00 plus labor and material. To relocate water meter: Time and material. Unauthorized use of fire hydrants 100.00 20.00 200.00 Broken stop locks on gas 10.00 Reactivate gas meter charge: A charge of S50.OO for meter reset if service is restored where it has been cut and capped if heat only. Where two or more gas appliances are to be used where the service line has been cut and capped; there will be a charge of $25.00 to restore the meter. To reactivate meter on rental apartment units where service has not been cut, a charge of $15.00 will be required for meter reset. A minimum charge of $50.00 per month is required on gas service for any other standby purposes, in addition to the account charge. Consumption will be billed at the general service rate. 6. To relocate a gas meter 60.00 7. Unauthorized gas system connection, for removaJ 25.00 8. Bypass: Ten percent of the average monthly bill for each day since last reading. ili.l Solid waste ro/l~off container service: !...fI-) Permit fee to place or service containers (~ 32.292(3)) 50.00 46- , .f >' ... .. ATfACHMENT 1 APPENDIX A-SCHEDULE OF FEES. RATES AND CHARGES Subject ,. Amount ~~ Monthly fee of 15 percent of the gross revenue billed by permit holder from the installation or servicing of roll~ff containers within the city for the preceding month, including roll~ff containers installed permanently and temporarily (~ 32.293(4)(b)). (Code 1980, ~fi 50.05, 54.21, 54.22; Ord. No. 5058, ~ 5, 12-20-90; Ord. No. 5062, fi 1, 1-3-91; . Ord. No. 5080, ~ 1, 3-7-91; Ord. No. 5102, ~ 1, 6-20-91; Ord. No. 5162, ~~ 1-3, 1-2-92; Ord. No.' 5219, ~ 1, 9-17-92; Ord. No. 5258, ~ 1, 8-13-92; Ord. No. 5284, ~ 1, 10-1-92; Oed. No. 5314-92, fi 1, 12-3-92; Ord. No. 5344-93, fi 1, 2-18-93; Ord. No. 5454;93, ~ 1, 9-16-93; Ord. No. 5325M93, fi 1, 3-17-94; Ord. No. 5506-94, ~ 4, 1-20-94; Ord. No. 5700-94, 9 1, 11-3-94) XXVI. CLEARWATER GAS SYSTEM FEES. RATES AND CHARGES This is a newly created sectiOD. See Attachment 2 for this section in its entirety. i I I I i I I ., I , , XXVII. WATERWAYS AND VESSELS: i. Temporary pe"rmitfor live-aboard vessels. not to exceed (~ 33.054(2)) 15.00 -47- '\,. . ATTACHMENT 2 APPENDIX A. SCHEDULE OF FEES, RATES AND CHARGES XXVI. CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES: Rate schedules, fees and charges (~ 32.068): (1) Natural Gas Service Rates. The following monthly rates shall apply to all customers who are provided the availability of natural gas service by the Clearwater Gas System, based on their applicable class of service: (a) Residential Natural Gas Service (Rate RS): Firm natural gas service for domestic uses in all residences of three (3) units or less. Monthly Customer Charge ............... $ 5.00 Non-Fuel Energy Charge ................ $ 0.480 per ther.m Minimum Monthly Bill .................. $ 5.00 Effective 10/1/96 Monthly Customer Charge................ $ 6.00 Non-Fuel Energy Charge. . . . . . . . . . . . . .. .. $ 0.530 per therm Minimum Monthly Bill................... $ 6.00 (b) Small Natural Gas General service (Rate 5GB): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 0 - 17,999 therms. Monthly Customer Charge ............... $15.00 Non-Fuel Energy Charge ................ $ 0.430 per therm Minimum Monthly Bill.................. $15.00 Effective 10/1/96 Non-Fuel Energy Charge................. $ 0.400 per therm (c) Medium Natural Gas General Service (Rate MGS1: Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 18,000 - 99,999 therms. Monthly Customer Charge ............... $20.00 Non-Fuel Energy Charge ................ $ 0.380 per therm Minimum Monthly Bill.................. $20.00 Effective 10/1/96 Non-Fuel Energy charge................. $ 0.350 per therm 1 ~ h. , ATTACHMENT 2 APPENDIX A - SCHEDULE OF FEES. RATES AND CHARGES (d) Large Natural Gas General Service (Rate LGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 100,000 therms or more. Monthly Customer Charge ............... $50.00 Non-Fuel Energy Charge ................ $ 0.330 per therm Minimum Monthly aill .................. $50.00 Effective ~O/1/96 Non-Fuel Energy Charge................. $ 0.300 per therm (e) Interruptible Natural Gas Service (Rate IS): Interruptible natural gas service available under a standard agreement for typically industrial applications where the customer 1 s annua 1 consumption at the premise is 100,000 therms or more i the customer agrees contractually to purchase a minimum of 250 therms/day (excluding curtailment days) i and where the customer has either install8d alternative fuel capability and/or contractually agrees to curtail service at the request of the Clearwater Gas System, subject to penalties for failure to comply. Monthly customer Charge ............... $100.00 Non- Fuel Energy Charge ........ ~ . . . . . .. $ o. 260 per therm Minimum Monthly Bill......... ......... $100.00 plus the Non-Fuel Therm Rate for the minimum number of contract therms per day (f) Contract Natural Gas Service (Rate eNS): Contract natural gas service for special applications and conditions approved by the City Manager. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and a special rate with special conditions are required to obtain/ retain the customer. This rate may be used to construct a special standby rate where the customer requires capability to serve, but normally uses an alternative energy source. such service must fall within the normal construction feasibility formula to insure a profitable payback to the City. Monthly Customer Charge ... As Established by Contract . (typically the same as the normally Applicable service Class) Non-Fuel Energy Charge .... Per Therm as Established by Contract Minimum Monthly Bill ...... Monthly customer Charge Plus the Non-Fuel Therm Rate for a Contract Level of Monthly Consumption 2 A 11 ACH MENT 2 , APPENDlX A - SCHEDULE OF FEES, RATES AND CHARGES (g) Residential Natural Gas Air Conditioning Service (Rate RAC) : Firm natural gas service for domestic gas air conditioning in all residences of three (3) units or less where the gas air conditioning load is separately metered. Monthly Customer Charge ............... $ 5.00 only if this is not already being billed on another metered account at the premise on a firm rate schedule Non-Fuel Energy Charge ................ $ 0.200 per therm Minimum Monthly Bill............. ..... $ 5.00 at the premise on a firm rate schedule Effective 10/1/96 Monthly customer Charge................. $6.00 only if this is not already being billed on another metered account at the premise on a firm rate schedule Minimum Monthly Bill................... $6.00 at the premise on a firm rate schedule (h) General Natural Gas Air Conditioning service (Rate GAC): Firm natural gas air conditioning service for all commercial, industrial, and other non-residential applications where the installed gas air conditioning capacity is 0 - 149 tons and the gas air conditioning load is separately metered. Monthly Customer Charge ............... $15.00 only if this is not already being billed on another metered account at the premise on a firm rate schedule Non-Fuel Energy Charge ................ $ 0.150 per therm Minimum Monthly Bill.................. $15.00 at the premise on a firm rate schedule (i) Large Natural Gas Air Conditioninq service (Rate LAC): Firm natural gas air conditioning service for all commercial, industrial, and other non-residential applications where the installed gas air conditioning capacity is 150 tons or more and the gas air conditioning load is separately metered. Monthly Customer Charge ............... $20.00 only if this is not already being billed on another metered account at the premise on a firm rate schedule Non-Fuel Energy Charge ................ $ 0.100 per therm Minimum Monthly Bill.................. $20.00 at the premise on a firm rate schedule 3 ATI'ACHMENT 2 APPENDIX A - SCHEDULE OF FEES, RATES AND CHARGES (j) Natural Gas street Lightinq Service (Rate SL): Natural gas service for lighting of public areas and ways. Service may be metered or estimated at the discretion of the gas system. When the gas system provides poles, fixtures, piping~ and/or installation labor beyond the service connection point, Faclli ties Contract Charg'es may be assessed. Monthly Customer Charge ............... $15.00 Non-Fuel Energy Charge ................. $ 0.200 per therrn Normal Maintenance & Relighting Labor Service Charge ............. $ 0.100' per thetlll plus any required equipment/parts Minimum Monthly Bill.................. $15.00 plus any applicable Facilities Contract Charges (k) Contract Natural Gas Transportation service (Rate CTSl: Service for transportation of someone else's natural gas through the Clearwater Gas System for supply to another gas system or an individual customer. This is handled like a Contract Natural Gas Service and must be approved by the city Manager. provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the city. Monthly Customer Charge ... As Established by Contract (typically the same as the normally Applicable service Class) Non-Fuel Energy Charge .... Per Therm as Established by Contract (typically the same as the normally applicable service rate) Minimum Monthly Bill ...... Monthly Customer Charge Plus the Non-Fuel Therm Rate for a contracted Level of Minimum Monthly Flow as well as any Facilities contract Charges for Special Facilities and Metering Required to Provide this Transportation Service (1) Natural Gas Vehicle service (Rate NGV): Natural gas service for fleet vehicle fueling. This is a contract rate approved by the city Manager. provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the city. Non-Fuel Customer Charge ...... $ 5.00 for Residential or $15.00 for General Service applications . only if a customer Charge is not already being billed on another metered account at the premise on a firm rate schedule Energy Charge....... $ 0.100 per therm plus any Monthly 4 ..... ATTACHMENT 2 APPENDIX A - SCHEDULE OF FEESt RATES AND CHARGES applicable Customer-specific or Public Fill station per therm Facilities Charges Required to Provide this Service Minimum Monthly Bill......... Monthly Customer Charge, if applicable, plus any monthly Facilities Contract Charges for special Facilities, Metering or Fleet Conversion Costs Required to Provide this Service Effective 10/1/96 Monthly Customer Charge....... $6.00 for Residential or $15.00 for General Service applications only if a Customer Charge is not already being billed on another metered account at the premise on a firm rate schedule Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc. may be expressed as a rate "per gallon equivalent of gasoline." (m) Natural Gas Emerqencv Generator or Other Standby Service CRate NSS): Natural gas service to a metered account, separately established for back-up service, where no substantial gas service is used for year round purposes. Monthly Customer Charge ............... $25.00 Non-Fuel Energy Charge ................ $ 0.430 per therm Minimum Monthly Bill.................. $25.00 plus any Facilities Contract Charges for the Facilities and Metering Required to Serve This Account Effective 10/1/96 Non-Fuel Energy Charge. ................ $0.400 per therm (2) Propane (LP) Gas Service Rates. The following monthly rates shall apply to all customers who are provided the availability of propane (LP) gas service by the Clearwater Gas System, based on their applicable class of service: (a) Residential Propane Gas service (Rate RLP): Metered or bulk delivered LP service for all domestic uses in all residences of three (3) units or less. Monthly Customer Charge .......... Non-Fuel Energy Charge ........... Minimum Monthly Bill $ $ = $ $ 5.00 0.650 0.710 5.00 per gallon per therm Effective 10/1/96 Monthly Customer Charge........... Minimum Monthly Bill.............. $ 6.00 $ 6.00 5 ATTACHMENT 2 APPENDIX A - SCHEDULE OF FEES; RATES AND CHARGES (b) General Propane Gas Service (Rate GLP): Metered or bulk delivered LP service for all commercial, industrial, and other applications where no other rate .is applicable and the annual consumption at the premise is 0 - 2,499 gallons. '1 , , : I I i Monthly Customer Charge .......... Non-Fuel Energy Charge ........... Minimum Monthly Bill ............. $15.00 $ 0.350 = $ 0.383 $15.00 per gallon per therm Effective 10/1/96 Non-Fuel Energy Charge............ $ 0.320 per gallon = $ 0.350 per therm (c) Large Propane Gas Service (Rate LLP): Metered or bulk delivered LP service for all commercial, industrial, and other applications where no other rate is applicable and the annual consumption at the premise is 2,500 gallons or more. Minimum Monthly Bill "".".......... $20.00 $ 0.290 = $ 0.317 $20.00 per gallon per therm Monthly Customer Charge .......... Non-Fuel Energy Charge ~.......... Effective 10/1/96 Non-Fuel Energy Charge............ $ 0.260 per gallon = $ 0.284 per therm (d) Contract Propane Gas Service (eLP): Contract metered or bulk delivered LP gas service for special applications and conditions approved by the city Manager. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and a special rate with special conditions are required to obtain/retain the customer. Such service must fall within the normal construction feasibility formula to insure a profitable payback to the city. Monthly Customer Charge ... As Established by Contract (typically the same as the normally applicable service class) Non-Fuel Margin Rate ...... Per Gallon as Established by contract Minimum Monthly Bill ...... Monthly customer Charge Plus the Non-Fuel Usage Rate for a Contracted Level of Monthly Consumption 6 .' ATfACHMENT 2 " APPENDIX A - SCHEDULE OF FEES, RATES AND CHARGES (e) Propane (LP} Gas Vehicle Service (Rate LPV}: Propane gas service for fleet vehicle fueling. This is a contract rate approved by the city Manager. provision of this : I service must fall within the normal construction feasibility formula to insure a profitable payback to the city. Monthly Customer Charge ....... $ 5.00 for Residential or $15.00 for General Service applications only if a Customer Charge is not already being billed on another metered account at the premise on a firm rate schedule Non-Fuel Energy Charge ........ $ 0.100 per gallon = $ 0.109 per therm plus any applicable customer- specific or Public Fill station Facilities Charges Required to Provide this Service Minimum Monthly Bill.......... Monthly Customer Charge plus any applicable monthly Facili ties contract Charges for Special Facilities, Metering or Fleet conversion Costs Required to Provide this service Effective 10/1/96 Monthly customer charge. . . . . . .. $ 6.00 for Residential or $15.00 for General Service applications only if a customer Charge is not already being billed on another metered account at the premise on a firm rate schedule The total energy charges for this service including all adjustments, facilities charges, taxes, ete. may be expressed as a rate "per gallon equivalent of gasoline." (f) Propane Gas Emerqency Generator or Other Standby Service (Rate LPS): LP gas service to an account separately established for back-up service, either metered or bulk delivered, where no other substantial gas service is used for year round purposes. Note: Monthly Customer Charge ............... $25.00 Non-Fuel Energy Charge ................ $0.350 per gallon = $ 0.383 per therm Minimum Monthly Bill.................. $25.00 Initial Usage Charge ................. A one-time charge 7 ATfACHMENT 2 APPENDIX A - SCHEDULE OF FEES, RATES AND CHARGES for the number of gallons required to initially fill the LP tank (size as requested by the customer) Effective 10/1/96 Non-Fuel Energy Charge. . .............. $ 0.320 per gallon = $ 0.350 per therm (3) Other Gas Charges. The following charges and fees may also be applied to customers of the Clearwater Gas System served under an applicable natural gas or propane eLP) gas service rate: (a) Facilities Contract Charqe (Rider FCC): A rider applicable to any of the above rates to cover installation of facilities beyond those typically provided to other customers of the class or beyond the costs incorporated into the applicable gas rate. On-Going FCC Charges ................. A monthly charge calculated to cover the on-going estimated maintenance costs associated with the special or additional facilities. These charges will be contractual and subject to annual revisions upward based on the CPI index or based on a revised cost calculation at the discretion of the city Manager. Time-limited FCC Charges ............. A monthly charge calculated to cover the costs associated with additional facilities as requested by.the customer, excess main and service construction costs which do not meet the Construction Feasibility formula, or appliance/equipment sales costs. The interest rate will be established contractually at the currently applicable cost of marginal funds to the gas system (gas revenue bonds or other financing instruments) . The interest rate will be set by contract and approved by the City Manager based on a review of the currently applicable financing rates available to the gas system and may be revised from time-to- time. Public Fill station Facilities Charge ..... A natural gas per therm or propane (LP) per gallon charge calculated to recover the common facilities costs to provide such service. This will be calculated and may be updated from time-to-time by the gas system and approved by the city Manager. (b) Purchased Gas Adjustment (Rider PGA): A rider applicable to all natural gas therm rates and propane (LP) gallon rates to recover the cost of the eGS I s purchased gas supply, including losses and use by gas system facilities/equipment. The currently calculated PGA rates 8 'AITACHMENT 2 APPENDIX A - SCHEDULE OF FEES, RATES AND CHARGES for all rate schedules, unless specifically broken out by contract, are: Natural Gas Firm Standard Rate Schedule PGA . . . . . . . . . . . $ 0.300 per therm Natural Gas Interruptible and Contract (Non-Standard) Rate Schedule PGA . . . . . . . . . . . $ 0.230 per therm Propane (LP) Gas Rate Schedule PGA . . . . . . . . . . . $ 0.480 per gallon = $ 0.525 per therm The above PGA rates are based on 12 months ending April, 1995 actual Weighted Average Cost of Gas (WACOG). These PGA Rates will normally be adjusted semi-annually in April and October and may be adjusted upward or downward from time-to-time with the approval of the city Manager based on actual and projected supply costs and projected consumption levels in order to recover the total cost of the gas system's supply plus all costs attributable to the acquisition of system supply gas. The over or under recovery of these PGA costs will be computed monthly and an adjustment in the PGA rate will be made at the discretion of the city Manager; however, the PGA rate will be adjusted anytime the over or under recovery for either natural or propane (LP) supply gas exceeds or is projected to exceed $100,000. The differential between the Natural Gas Firm standard Rate Schedule PGA and the Natural Gas Interruptible and Contract (Non-Standard) Rate Schedule PGA will be computed for each semi-annual period based on the available records for the most recent twelve (12) months by dividing the transmission pipeline "Reservation Charges" component of the WACOG by the therms sold to all of the Natural Gas Firm Standard Rate Schedules. The Gas System may also segment specific gas purchases for specific targeted customer(s) based on contract. (c) Energy Conservation Adiustment (Rider ECA): A rider applicable to all firm standard natural gas therm rates and standard propane (LP) gallon rates to recover the cost of energy conservation programs undertaken by the Clearwater Gas System and approved by the city Manager. The ECA will not be applied to interruptible natural gas or contract rates. The currently calculated ECA rates are: Natural Gas Rate Schedule ECA .... $ 0.023 per therm Propane (LP) Gas Rate Schedule ECA ........... $ 0.021 per gallon = $ 0.023 per therm The above ECA rates are based on twelve (12) months 9 A1TACHMENT 2 APPENDIX A - SCHEDULE OF FEES, RATES AND CHARGES ending actual expense levels. These ECA rates will normally be reviewed semi-annually in April and October and may be adjusted upward or downward from time-to-time with the approval of the city Manager based on actual and projected energy conservation program costs and projected consumption levels in order to recover the total cost of applicable gas system programs as approved by the city Manager since March 1, 1995, including energy conservation incentive payments as well as the labor and other costs attributable to such energy conservation programs. The over or under recovery of these ECA costs will be computed and an adjustment in the ECA rate will be made at the discretion of the City Manager; however, the ECA rate will be adjusted anytime the over or under recovery exceeds or is projected to exceed $100,000. (d) Environmental Imposition Adiustment (Rider EIA): A rider applicable to all firm standard natural gas therm rates and standard propane (LP) gallon rates to recover the cost of environmental programs imposed on the Clearwater Gas System by Federal, state and Local regulatory agencies. The EIA will not be applied to interruptible natural gas or contract rates. The currently calculated EIA rates are: Natural Gas Rate Schedule EIA .... $ 0.005 per therm Propane (LP) Gas Rate Schedule EIA ........... $ 0.005 per gallon = $ 0.005 per therm The above EIA rates are based on twelve (12) months ending actual expense levels. These EIA rates will normally be reviewed semi-annually in April and October and may be adjusted upward or downward from time-to-time with the approval of the city Manager based on actual and projected environmental project costs and projected consumption levels in order to recover the total cost of gas system environmental cost impositions as approved by the city Manager since February 1, 1993, as well as the labor and other costs attributable to such environmental projects. The over or under recovery of these EIA costs will be computed and an adjustment in the EIA rate may be made at the discretion of the City Manager; however, the EIA rate will be adjusted anytime the over recovery exceeds or is projected to exceed the plan by $100,000. These EIA costs may be recovered over an extended time period as approved by the city Manager. (e) Weather Normalization Adjustment (Rider WNA): A rider applicable to all firm standard natural gas therm rates and standard propane (LP) gallon rates to recover loss of revenues to the Clearwater Gas System due to unusually 10 A l~rACH MENT 2 APPENDIX A . SCHEDULE OF FEES, RATES AND CHARGES warm winter weather or to return excess revenues to the customers due to unusually cold winter weather. The WNA will not be applied to interruptible natural gas or contract rates. The WNA rate will initially be set at: Natural Gas Rate Schedule WNA .. Propane (LP) Gas Rate Schedule WNA ......... $ 0.000 per therm $ 0.000 per gallon The WNA rates will be reviewed at the end of each winter season and may be implemented based on actual heating degree day data, the gas system's projections of the impact of this weather on revenues, and projected consumption levels. The implementation of the WNA will be at the sole discretion of the city Manager only if the heating degree day data for the winter season exceeds at least a 10% variation from the ten (10) year historical average and the city Manager determines that this has created a material impact on the earnings of the Clearwater Gas System for the year warranting the WNA implementation. Any over or under recovery or distribution may be credited or debited to the PGA at the discretion of the city Manager upon discontinuance of the charge/credit from the previous winter season. (f) Franchise and other city /countv Fees Recovery Clause (Rate FFR): A charge levied by the Clearwater Gas System on every purchase of gas within a municipality or county area to reCO'ler the costs assessed by governmental entities in accordance with the franchise agreement in .force between the City of clearwater and that other governmental entity and including any other otherwise unrecoverable fees, special taxes, payments in lieu of taxes, or other impositions by any governmental entity (including the City of clearwater) on the services of the Clearwater Gas System sold within such municipality or county area. The fees collected within each governmental jurisdiction shall be used exclusively to pay the franchise fees and other governmental fees, taxes, and other impositions levied on services within that governmental jurisdiction. wi thin the city of Clearwater where a franchise agreement is not in force, the city of Clearwater will levy a 6% Payment in Lieu of Taxes on all gross natural gas sales excluding interruptible and contract services and the Clearwater Gas System will bill this in the same manner as if it were a franchise fee. (g) Tax Clause (TAX Various) : All taxes due the appropriate governmental entities (such as but not limited to State of Florida gross receipts tax, state of Florida sales tax, county sales tax, municipal utility tax, and others which may be legally levied from time to 11 I' AITACHMENT 2 APPENDIX A - SCHEDULE OF FEES, RATES AND CHARGES (h) time on the purchase of gas) will be billed to the customer receiving such service and rendered to the governmental entity in accordance with the applicable statute, ordinance, or other legally enforceable rule, other Miscellaneous Gas Charqes: The following charges are applicable whenever applicable gas services are rendered the customer: Meter turn-on residential (per account for new customers, seasonal reconnects, and after nonpayment disconnect including turn-on of pilot lights) .......................... $25.00 Meter turn-on commercial/industrial (per account for new customers, seasonal reconnects, and after nonpayment disconnect including turn-on of pilot lights) .....,........................ lit . . . . 11 $50.00 Meter Read for account change (no meter turn-on required but may include turn-on of gas pilot light) ........................ $25.00 Meter turn-on surcharge - same day service (per account as requested by the customer) ...... $25.00 Replace broken stop locks on meter .............. $30.00 Relocate gas meter .................... Time & Materials Turn-on gas pilot lights only (per account) .. .'... $20.00 Turn-off gas pilot lights only (per account) .... $15.00 Repair or installation work - 1 person crew time on-site .......... $40.00/hour - 2 person crew time on-site .......... $72.00/hour overtime surcharge (as requested by the customer) ................... ... Double normal rate Special meter reading (per account at customer request) .......................... $15.00 Gas meter test - if results are within limits (per meter at customer request) .... .... ... $25.00 Reset gas meter after customer requests remova 1 (per meter) ....................... $50.00 Unauthorized meter bypass or hookup ... Time & Materials other services not normally provided .. Time & Materials Collector fee ......................... See Appendix A- Public Works utility Tariffs, Section (4) (a) 3 Dishonored check service fee... See Code of ordinances, Section 2.528 Missed appointment - customer not present at as arranged... ........... ... $15.00 Leak inspection ................... ........... No Charge Special seasonal gas turn-on ....... The city Manager is authorized to reduce or eliminate the normal gas turn-on charge during a period beginning not earlier than August 15th and extending through not later than November 15th to attempt to levelize the 12 ATTACHMENT 2 APPENDIX A -SCHEDULE OF FEES, RATES AND CHARGES workload at the beginning of the heating season. (4) Gas Contract and Rate Application POlicies: The following represent policies of the City of clearwater as applied by the Clearwater Gas System: (a) Uniformity of Rate and Service Application: To the extent that the customer requests a review of his/her rate account, all rates, charges and contract provisions are intended to be consistently and uniformly applied to all customers of the same type with the same usage characteristics, fuel options, and equipment capabilities. Any customer who feels that they have been treated unjustly and is unable to resolve the dispute with Clearwater Gas system personnel and management has full access to the normal city of Clearwater utilities dispute resolution process as defined in the City Code of ordinances (~ 32) including appeal rights to the Gas System Managing Director. If the customer remains dissatisfied after attempting to resolve the problem with the Gas System Managing Director, they may register a formal complaint by directing their concern in writing to the city Manager who will schedule a meeting with the customer to determine the facts and make a final rUling on the resolution of the dispute. (b) Contract Rate Level Determination: It is the policy of Clearwater Gas system to offer a customer or potential customer who currently uses or has access to an alternate energy source and has the capability to use this alternate energy source, a rate level which is 5% below that alternative, provided that such a rate application will provide a reasonable profit margin to the Clearwater Gas System and the extension of any capital investment to serve such a customer falls within the normal gas system construction feasibility formula. Where the capability to use such alternative energy source will require an initial additional capital outlay by the customer, the 5% lower level may be based on a net present value calculation over the expected life of the facility. (c) Rate Schedule Reductions: The city Manager is authorized to reduce the billing charge(s) for any rate schedule(s) towards achieving the "cost of service based rates" as recommended in the most recent rate study done for the Clearwater Gas System. Cd) Ma in and service Extension Construction Feasibili t~ Whenever a perspective customer requests a new gas service, the Clearwater Gas System will extend service to the prospective customer under the following conditions: 13 .' AITACHMENT 2 APPENDIX A - SCHEDULE OF FEES, RATES AND CHARGES 1. Design considerations The extension of gas service to the perspective customer can be reasonably accomplished within good engineering design, access 'can be secured though easements or right-of-way, and the service will not jeopardize the quality of gas service to existing customers. 2. Main .Line Extension Construction Feasibility - The maximum capital investment which will be made by the Clearwater Gas System to extend main lines and services to serve a new customer(s) shall be seven (7) times the estimated annual gas revenue to be derived from the facilities less the cost of gas and the cost of monthly meter reading, customer accounting and billing. The formula shall be: Non-fuel Energy Rate X Estimated Annual Therms/Gallons Estimated Annual Gas Non-Fuel Revenues X 7 Years Maximum Investment for Construction Feasibility I' The Monthly customer Charge is assumed to cover the cost of meter reading, customer accounting and billing. 3. Service Line Extensions - The Clearwater Gas System will install gas service lines off of the main line at no charge to the customer under the following circumstances: Note: o A year round customer has installed gas equipment with an estimated minimum annual consumption of two (2) therms per foot of service line required, or o The cost of such service line extension meets the Maximum Investment for Construction Feasibility (as defined "b." above). o Customers who do not meet the criteria for service extensions as set forth above will either be charged the estimated construction cost per foot for the exces~ footage or pay a CIAC to cover the deficiency amount from the above Construction Feasibility formula or enter into a Facilities Charge contract sufficient to cover this deficiency plus interest within a period of seven (7) years. 4. Customer Contribution Required - If the capital 14 " ATTACHMENT 2 APPENDIX A M SCHEDULE OF FEES, RATES AND CHARGES construction costs to extend the main exceed the Maximum Investment for Construction Feasibility, the developer/customer(s) will be required to either provide a contribution in Aid of construction (CIAC) to cover the excess investment amount or satisfy this deficiency by entering into a Facilities Charge contract sufficient to cover this deficiency plus interest within a period of seven (7) years. Such Facilities Contract Charges ,may be reduced or potentially discontinued entirely to the extent that other customer (s) are added beyond the initial customer(s), the facilities covered by the Facilities Contract Charges are used to serve these additional customer(s), and to the extent that there are calculated excess dollars above the additional customer(s) Maximum Investment for Construction Feasibility minus the capital construction costs for the mains to serve these additional customer(s). 5. Conversion of Equipment to Natural Gas The Clearwater Gas system will convert the customerts existing orifice(s) to accept natural gas at no cost to the customer, provided that for commercial and Industrial customers the use is year round; the customer enters into a five (5) year contract to exclusively use the natural gas service of the Clearwater Gas system; and this amount, when added to the other cost to serve amounts, is still renders the project feasible. 6. Relocation of Gas Service Facilities When alterations or additions to structures or improvements on customer's premises require the Clearwater Gas System to relocate metering, service line, or main line, or when such relocation is requested by the customer for whatever reason, the customer may be required to reimburse the Clearwater Gas System for all or any part of the costs incurred to accomplish such relocation of gas system facilities. 15 ~:i" . u.. Clearwater Re.-:.L\'1 o > ~ u Information l\1anagement Department July 21, 1995 NEWS RELEASE P.O. BOX 4748 CLEARlNATER. FL 346\8-4748 TELEPHONE (813) 462-6679 For more information: Clearwater Gas System chuck warrington, Managing Director (B13) 462-6630 CLEARWATER G~S SYSTEM PROPOSES NEW RATES The Clearwater Gas System (CGS) has released to the City of Clearwater Commission proposed new gas rates which are designed to be more responsive to the competitive energy challenges of today and the foreseeable future. The utility Advisory Services Group of the respected accounting firm of Coopers & Lybrand L. L. P. was retained by the City to review the current CGS rate structure. , Michael E. Barrett, C.P.A., Partner in charge of the project for ) Coopers & Lybrand, said, liThe purpose of the rate study was to review the appropriateness of the Clearwater Gas system's current customer rate structure and propose rates which recover from each class of customer the cost to serve' that customer class. The proposed rate structure is based on modern utility rate-making practices and should position CGS to be more competitive to meet the energy challenges of the next decade." Clearwater has not changed its base gas rates since 1985. Over that ten (10) year period the Consumer Price Index (CPI) has increased about 43%. The proposed new gas rates, including fuel cost, represent an approximate 8.0% overall increase and will position CGS at about the mid-point of the gas rates in Florida for each of the customer classes. Natural gas prices are less than half of the price of an equivalent amount of electrical energy. The recommendation incorporates a phased-in implementation with Phase I proposed to become effective for bills rendered on or after october 1, 1995. Phase II is proposed to become effective for bills beginning on October 1, 1996. Chuck Warrington, CGS Managing Director, said, "These proposed gas rates are industry-based and responsive to the competitive challenges that can be expected for the foreseeable future. The rates reflect a fairer allocation of expenses to the appropriate customer classes. The proposed gas rates should provide a more healthy structure to insure the growth ) potential of the Clearwater Gas System while providing an adequate ,,; growth in dividend return to the city of Clearwater. It i ,', i-~t<co.r~. .. .' } .. ) .,<~ I. ) '; Clearwater City Manager Betty Deptula pointed out that, "The Clearwater Gas System is an enterprise activity which provides approximately $2.1 Million in dividends and transfer payments annually to the city of Clearwater. This serves to reduce the ad' valorem tax rate for the citizens of Clearwater by about 0.5 mill annually. These rates will insure a healthy Gas System operation which will support continued growth for the citizens of Clearwater and the customers served by the utility." The Clearwater Gas system provides natural and propane (LP) gas service to 12,500 customers in eleven (L1) municipalities. and the unincorporated areas of northern Pinellas County. 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ITEM # rie " . ,'~:._~~.~."'~"., ..,,, ~"t.--:'_..t.'~., .,'fN' '.._~""'" .,. " i , , I \ I I I , I 1 I v'~ . 11"1' .~:-:.~\ <~ ,.' 8L\61 Clearwater City Commission Agenda Cover Memorandum Lt6, Item fI Heet I n9 Dote: g'3.'\5 SUBJECT: Resolution authorizing City Manager to establish and adjust library fines and fees RECOMMENDATION/MOTION: Adopt Resolution 95-62 authorizing the City Manager or designee to establish and adjust library fines and fees ~ Bnd that the appropriate officials be authorized to execute some. BACKGROUND: The Internal Audit of the Library Department, completed on May 15, 1995, discovered that documentation did not exist to support the current and historical practice of changes in library fines and fees being approved by the City Manager. The Auditor. recommended submitting the attached Resolution to the Commission so that it would be a part of the City's official records. I I I t l ~ i I I I I I The Library Board annually considers changes in library fines and fees, then recommends any revisions to the City Manager for approval. Fines for most library materials and non-resident fees are established by the pinellas Public Library Cooperative and are uniform throughout the county. A few fines and fees (i.e. audio-visual materials, replacement library cards) are set locally. The current chart of fines and fees is attached. Reviewed by: I~ Origin~g Oept: Costs: $ N/A Commission Action: Legal I~ library Total 0 Approved Budget /-ItA. 0 Approved w/conditions Purchasing /-ItA $ N/A Risk Hgmt. NtA Current Fiscal Yr. 0 Denied CIS Nt~ User Oept: 0 continued to: At'" '-k::...- Funding Source: Other 0 Capi tal Imp. Advertised: 0 Operat ing Attachments: Dote: 0 Other Resolution 95-G:J.. /'-j Paper: Library Fines and Fees > j.:1 I ~ Hot Rcqu\ "cd Submitted by: Affected Parties 0 None t~ ~ r 0 Not Ifi ed Appropriation Code: Clt nnng9 t'l Not Required N/A o Printed on recycled popcr ,', " ;>.. "l/" . t~'i..; ....1." ., Pi:~;~~q,.~~.~ ;.' ,;d. It RESOLUTION NO. 95-62 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ESTABLISH AND ADJUST LIBRARY FINES AND FEES. WHEREAS, the Library Board has historically recommended library fines and fees to the City Manager; WHEREAS, the City Manager has, in the past, approved the revision of these fines and fees; WHEREAS, Resolution No. 95-31, adopted on June 1, 1995, authorized the City Manager or designee to establish and adjust rental fees for other city departments; WHEREAS, the fines for most library materials are uniformly established by the pinellas Public Library Cooperative; , , ! BE I.T RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: The City Manager' or designee shall have t~e authority to establish and adjust fines and fees for library materials, upon the recommendation of the Library Board. PASSED AND ADOPTED AS AMENDED this , 1995 day of Ri ta Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk '\ .;......... . , " i "/ LIBRARY ~OLICIES r L 6: FINES AND BILLS 'P1'noVEo nv. ~A('F" In order to encourage timely return of borrowed items, the Clearwater Public Library System will assess fines when items become overdue. . . In order to encourage recovery or replacement of items not returned within a reasonable and defined time, the Clearwater Public Library System will assess the cost of the item t.o the borrower and suspend his borrowing privileges until the item is returned or paid for. The specific procedures for fines and bills are defined within. , . FINES AND CrRC PERIODS The computer calculates the fines by the Item Fine Code with the fine rate assigned to the item fine code aaigned to the item. For details, see the Galaxy Manual and the chart held by the circulation manager. In general, all adult hardbacks, spine-labeled paperbacks, children'S, and browsing paperbacks are $.10 per day. All videos are $2.00 per day. ITEM General policy: CIRC PERIOD 28 days for all bksfcas/recf CDs, except I days for fiction less than 6 months. All videos--l days FINES/NOTES $.lO/dayu I frea day + 2 grace days; $2/day--l free day . ~ r 1. Adult Fiction & Adult'Nonfiction Ha~dbackfJ 6 mos.+ spine-labeled paperbacks 2. New Adult Fiction Hardbacks only 7-day sticker date by barcode (stay 6 mos.) 3. New Adult Nonfiction Hardbacks only pull date by barcode (stays 6 mos.) 4. BEST SELLERS (Fiction) Hardbacks only BEST SELLER sticker 7-day sticker date by barcode (may stay beyond 6 mOB.) 5. BEST SELLERS (Nonfiction) Hardbacks only BEST SELLER sticker (may stay beyond 6 mos.l 6. Rental BEST SELLERS Rental sticker on spine~label ADULT BOOKS 28 days $.lO/day; renewals OK unless ON HOLD; reserves OK "} days $.10/daYI renewals OK unless ON HOLD; reservea OK 28 days $.lO/day; renewals OK; reserves OK 7 days $ .10/day; NO renewals NO reserves I II \1 28 days $ .10/day; NO renewals NO reserves 28 days $ .10/day; NO renewals NO reaerves > ..1 ... _.. _. __,._, ....,.._ . ....... . w....~... --- I -- '.......... ~ LIBRARY ~OLICIES 7. paperbacksM-Browsing (Fiction , Nonfiction) Barcoded on back cover no spine label Page 2 of 3 EFFECTIVE DhTEI 4/1/95 nEVISEDt 2/23/95 SUPERSEDES I 10/1/94 0' N a4t>L. U $ .10~day; renewals . . OK; reserves OK I\ppnOVEO DY. r · L 6: FINES AND BILLS 2B days a. Interlibrary loans white cover sheet INTERLIBRARY LOANS As written on cover sheet As defined by lender 1 renewals OK if lender allows .. I 9. All books All hardbacks, all paperbacks, j & Y labels CHILDREN'S BOOKS 28 days $.lO/day; renewals OK; reserves OK 10. Adult magazines Not current issue Not at Main; IFC 89 CIRCULATING MAGAZINES 7 days $ . la/day; NO renewals NO reserveD 11. Children's magazines Not current issue IFC S8 7 days $ .10/day I NO renewals NO reserves 12. All REC/CAS/CD Includes Fie, NF & language tapes REC j/y CAS j/y CD j/y AUDIOVISUAL 2S days $.lO/day; renewals OK; reserves OK "-' 13. Newer videos ItNewer 7-Day" on spine label 7 days $2/day (max.$20); 1 free day; NO grace days; NO renewals; NO reserves; 3 per card--borrower must present hiS/her own card 14. Reservable videos "Reservable" on spine label I 7 days $2/day (max.$20); 1 free day; NO grace dayol renewals OK; reserves OK; 3 per eard~ -borrower must present his/her own card . I . 15. BiFocal Kits; elide projector/movie projector for kits only; l6mm films 16. Reels I othet' 2 days $5.00/day assessed by AV 2 daya Assessed by AV : < ,( _. . j LIBRARY POLICIES _~4:t.._"'11llI-'~__. .__ ._.,.. ____"__~_~t,,~. Page 3 of 3 - -+ L 6: FINES AND BILLS EFFECTIVE: DATE, nEVISEDa 2/23/95 4/1/95 SUPERSEDESalO/l/94 ,- nl'rnOVED DYa aN (/ / 17. All puzzles Adult, children's; IFC 43 OTHER 28 days 18. Framed pictures small sculptures IFC 97 8 weeks enter date barcode on back $.lO/day; renewals OK $.lO/day;., NO renewals; reserves OK . . 19. Polaroid cameras 7 days barcode on camera $ .la/day . . , VACATION OR SUMMER LOAN POLICY 20. An extended loan period may be routinely granted for patrons going away for 28 days to several months. Most items, except new books and best sellers, may be given extended loans. A. No 7-day or new books may be on extended loan. B. Generally offer six weeks or however long the patron needs' the book (within reason). Refer questionable requests to your supervisor.. C. Use special loan to set the date in the computer. Set the date for several days after patron expects to return. D. Extended loans are available any time of the year to people on vacation; Bummer is when we receive the most requests. .---- POLICY: Fines and Bills: Borrowing privileges are suspended until all fines or bills are paid. Lost or Damaged Materials: Material not returned within seven weeks of its due date, or damaged so that it cannot be circulated, will be billed for replacement cost. Overdue material returned after billing will be charged the maximum overdue fines. Replacement for Library card: $1.00 New Haximum Limits: $2.50 Inaximuln--Adult and children's materials $20.00 maximum or cost if less than $20--videos I' \1 ii \1 1 I r . I ~...._-.-..~ .....,...~.-_..... . ._~_.-._. -- ._~-- - r::rJ ~ Clearwater City Commission LI Q Agenda Cover Memorandum I Item /I Heeting Dote: 08/03/95 SUBJECT: Urban and Community Forestry Grant RECOMMENDATION/MOTION: Adopt Resolution # 95-63 authorizing the city to enter into a Memorandum of Agreement between the City and the Florida Department of Agriculture and Consumer Services, and approve city matching funds in the amount of $18,400, ~ and that the appropriate officials be authorized to execute same. BACKGROUND: The city Environmental Management Group has applied. to the Florida Department of Agriculture and Consumer services for an Urban and community Forestry grant. The grant money will be used to implement a street tree inventory of all trees on city rights of way and other city properties. The scope of the project is to inventory individual trees growing on street right-of-ways and other city properties and record the condition of each individual tree on computer software designed for that purpose. The information' on the inventory will then be utilized to prioritize and structure our tree maintenance and tree planting programs, including removal of hazardous trees which are a threat to public safety (contributing to the city wide goal of improving public safety). Implementation of this project is an Engineering Department goal for FY 1995/96. The street tree inventory will be conducted by a professional consultant. The city will purchase and maintain the necessary computer software from the consultant and will be trained in its use. The city will implement the management plan and perform tree maintenance and replacement. The amount of grant money requested is $18,400, with the city required to provide an equal match of materials and/or services. The grant money will be used for the consultant contract. The city's match of services consists of I;ersonnel costs for the city Urban Forester (Engineering Department) and the forestry and landscape crews (Parks and Recreation Department). Adequate funds are available in the FY 1995/96 operating budget for this purpose. The Environmental Advisory Board has reviewed this grant application and has endorsed it at the July 19, 1995 meeting. This resolution is a requisite for award of the grant. Reviewed by: Legal Budget Purchasing Risk Hgmt. CIS ACH Engineering ~ N/A ~ ,. Costs: $ 18,400 Totul User Dept: Engineer! Recreation SO Current fiscal Yr. Commission Action: o Approved o Approved w/conditions o Denied o continued to: " {,'.\ Advertised: Dute: Paper: ~ Not Requl red Affected Part1es o Notified l!!l Not Requl red Fund1ng Source: o Capl till 11ll'. N Operating o Other Attachments: Resolution Submitted by: 04~ City ~gerl' ^ppropr1~tion Code: 010 0136~ 51010n 537 o None ~ printed on recycled paper " " ' , ~,," .; RESOLUTION # 95-63 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, TO ENTER INTO AN URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY; PROVIDING AN EFFECTIVE DATE. ~q WHEREAS, trees are an important part of our community; and I ! ' WHEREAS, the City of Clearwater wants to improve the public safety by identifying and removing hazardous trees on public property; and WHEREAS, the City of Clearwater wants to develop a comprehensive urban forestry program which will insure safe and healthy trees on public property; and WHEREAS, The City of Clearwater desires to apply for an Urban and Community Forestry Grant which would provide monies in which to help fund the urban forestry program; and . WHEREAS, the City of Clearwater wishes to enter into an Urban and Community Forestry Grant Memorandum of Agreement between the City of Clearwater, Florida and the Florida Department of Agriculture and Consumer Services; NOW, THEREFORE, BE IT RESOLVED by the City Commission of Clearwater, Florida: Section 1. The City Commission supports the development of a comprehensive urban forestry program which will insure safe and healthy trees on public properties. Section 2. The City Commission hereby authorizes the City Manager to enter into an Urban and Community Forestry Grant Memorandum of Agreement between the City of' Clearwater, Florida and the Florida Department of Agriculture and Consumer Services. INTRODUCED, PASSED AND ADOPTED . , " Rita Garvey Mayor- Commissioner Approved as to form and legal sufficiency: ' Attest: Paul Richard Hull Assistant City Attorney Cynthia E. Goudeau City Clerk 0' ;: >' :~Pi<r.. ~ " '. iF \~, elk ::L " 50 APPOINTMENT WORKSHEET FOR COMMISSION MEETING AUQust 3.1995 APPOINTMENTS Agenda #_ BOARD: Beautification Committee TERM: 4 years APPOINTED BY: City Commission FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 9 CHAIRPERSON: William Baldwin MEETING DATES:1st Wed., 9:00 a.m. PLACE: Annex APPTS. NEEDED: 1 DATE APPTS TO BE MADE: 8/3/95 I i' 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. I. . I', Name-Address Date of Original . Apoointment Attendance Interest in Record reaooointment ! ' 1. Vacant Seat. Robert Timoney passed away I I I ! THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: Name-Address Comments-Related Exoerience.Etc. 1 . Marcia Blakemore 880 Mandalay Ave., #C-809, 34630 Retired Legal Secretary 2. Pamela Fleming CPA 2545 NE Coachman Rd., #80, 34625 . r.. .~!',.., \' .~~i? ' L , k ~ APPOINTMENT WORKSHEET ~:J/ BOARD: library Board TERM: 4 years (effective 11/18/93) APPOINTED BY: City Commission ; FINANCIAL DiScLoSURE: Not Required RESIDENCY REQUIREMENT:City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 11 CHAIRPERSON: Tony Bacon MEETING DATES: 3rd Fri., 9:00 a.m. PLACE: Library Conference Room APPTS.NEEDED: 1 DATE APPTS TO BE MADE: 8/3/95 I I f' I, t, II ~ 'I FOR COMMISSION MEETING August 3. 1995 APPOINTMENTS Agenda #_ 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. Name-Address Date of Original Aopointment Attendance Record Interest in reaopointment 1 . Trudi Bils resignation effective 9/1/95 THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: Name~Address Comments-Related Exoerience.Etc. 1 . Christine Morris 1044 N. Madison Ave.. 34615 Retired Librarian for City of Clearwater 2. Jill Perrino 2 N. Fernwood, #8, 34625 Self-emplo'{ed Writer 3. David Waddell 500 N. Osceola Ave.,#709,34615 Retired from Morton Plant, carpentry/machinest ')" . ORDINANCE NO. 5869-95 S'3~ I AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING SECTION 2.60 (3), CODE OF ORDINANCES, RELATING TO TERM OF MEMBERS OF THE ENVIRONMENTAL ADVISORY COMMITTEE; PROVIDING AN EFFECTIVE DATE. WHEREAS,' Sect ion 2. 160 (3) provides in part t ha t if a Board member re$igns creating a vacancy, a new member is appointed for the unexpired term; and WHEREAS, this provision is inconsistent with Commission Policy BD-4 which provides that a person appointed to fill a vacancy created by resignation shall be appointed for a full term; NOW.THEREFORE: BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Section 2.160(3) Code of Ordinances is hereby amended to read a~ follows: Sec. 2.160. Creation; Membership. i. , I (1) There is hereby created the Environmental Advisory Board of the City of Clearwater. (2) The board shall consist of seven members who are residents of the city. Members shall be appointed by the city commission. (3) Appointments shall be for a term of four years. A member, including a member initially appointed for a term of less than four years, may be reappointed for not more than one additional term. If u v~c~ncy occur~. Q new ~ppointmcnt oh~ll be m:tdc by the city commi:Joion for the uneJcpired term. Members shall serve without pay. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED , ...... Rita Garvey, Mayor-Commissioner Approved as to form and legal sufficiency: Attest: RvL k: Pamela K. Akin, City Attorney Cynthia E.. Goudeau, City Clerk ORDINANCE NO. 5888-95 S3b AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE COMMUNITY REDEVELOPMENT AGENCY; PROVIDING FOR THE REPEAL OF ORDINANCES NO. 2576-81 AND ORDINANCE NO. 3021-83, WHICH ADOPTED AND AMENDED THE REDEVELOPMENT PLAN FOR DOWNTOWN CLEARWATER; PROVIDING FOR PROPER NOTICE; AND PROVIDING AN EFFECTIVE DATE. i I ! I ~ , \ ~ ~ ~ t ~ ~ ! , f I I WHEREAS, the City Commission of the City of Clearwater adopted Ordinance No. 2576-81. on December 17, 1981, as amended by Ordinance No. 3021-83, adopted on February 28, 1983. which comprise the Community Redevelopment Plan for Downtown Clearwater, which area is described in Resolution 81-67, adopted by the City Commission on August 6, 1981; and . WHEREAS, the Community Redevelopme'nt Agency has developed a revised Community Redevelopment Plan; and WHEREAS, the City Commission of the City of Clearwater has reviewed the revised Community Redevelopment Plan and believes it to be in the best interest of the City of Clearwater to approve the new Community Redevelopment Plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Ordinance No. 2576-81, and Ordinance No. 3021M83, comprising the Community Redevelopment Plan for Downtown Clearwater are hereby repealed. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED CITY OF CLEARWATER. FLORIDA '. Approved as to form and legal sufficiency: teL. 1-1 Pamela K. Akin, City Attorney By: Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk :', c '";'"".._ ~ RESOLUTION NO. 95~64 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, URGING TIME WARNER TO DIVEST ITSELF FROM ITS COMMERCIAL ENTANGLEMENTS WITH THOSE "ARTISTS" WHO ARE RECORDING VIOLENT AND VULGAR LYRICS; PROVIDING AN EFFECTIVE DATE. 5YQ WHEREAS, the St. Petersburg Times in an article dated June 3, 1995, reported that Time Warner recently increased its investment in "gangster rap" and now owns 50% of Interscope Records, the record label behind Snoop Doggy Dog, Doctor Ore, Nine Inch Nails and Tupac Shakur, whose lyrics promote violence and vulgarity; and WHEREAS, Time 'Narner has reaped substantial profits from the commercial exploitation of music containing VUlgar and misogynistic lyrics that glorify violence. denigrate women, and endanger the lives of law enforcement officers; and , WHEREAS. children comprise a substantial portion of the audience for the promotion of this violent and vulgar music; and . WHEREAS, the actions of Time Warner in commercially promoting among our children lyrics that encourage and celebrate violence, degrade women, and vulgarize human intimacy reflect a corporate irresponsibility that warrants public outrage; now therefore. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the City Commission of the City of Clearwater hereby urges Time Warner to divest itself of its commercial entanglements with those recording "artists" who advocate and glorify violence. denigrate women, and endanger the lives of law enforcement officers. Section 2. That a copy of this resolution be transmitted to Time Warner. PASSED AND ADOPTED this day of l1995. \ Rita Garvey, MayorMCommissioner Attest: Cynthia E. Goudeau, City Clerk No. 95.64 Capitol Improvement Program Planned Expenditures by Function Fiscal Yeof 1995/96 Function Pulice Prolcclioll Firl~ Prnll'l.'lioll New Street ('onslruction Miljnr Street Mainlcn:uu:c Sidewalks & Dike Trails IlIlersectioll~ Parking Miscellancous Enginccring Park Dc\'c1Clpmenl Marine Facilities Libraries Garal!c Mainlenance of Duildings M hccllancous Stonnwaler Wilily WHter Systcm Sewer S}'SlCrn Gas S)'SICm Solid Waslc Recycling TOTAL 1995.96 4 I 5.000 73,680 2,300,000 1,625.160 200,000 535,000 150,000 1,375,000 1,400,000 110,000 676,110 2,914.400 249,000 4,010,880 3,765,000 1,125,000 3,724,700 8,092,000 305,000 371,300 533,417,230 I I j t f Clearwater Citizens ore Invited to attend Two Publlc Hearings on the Proposed 1995-96 Budget SEPTEMBER 7 AND 21, 1995 6:00 P.M. CITY COMMISSION CHAMBERS THIRD FLOOR CLEARWATER CITY HALL 112 SOUTH OSCEOLA AVENUE At these public hearings, the City Commission will review the proposed budgel, A I the second hearing, commIssioners will approve the final budget, which will go into effect October /, /995. At the public hearings, Ihe City Cornml:;;sion has the abl71YY to levy the proposed 5.//58 ml71age role, or a 10 war one. ...... 8.95 Prinlod on rocvclad paper CITY OF CLEARWATER R e =5~ \ I ~(-- / \ '-. Rlla Garvey Mayor. Commissioner Sue Berfleld Vlce.Mayor I Commissioner Fred A Thomos Commissioner J.B, Johnson, Jr. CommissIoner William G. Justice Commissioner Elizabeth M. Deptula Clly Manager This pamphlot produced by Intormallon Manogomonl GraphIc Communk:allons I' . GENERAL FUND 1995-96 Proposed Re.: Budget Highlights 5~ 1995/96 PROPOSED , OPERATING BUDGET $65,736,970 · The fotal recommended ad. valorem millage 015. //58 mills is the same as the mil/age rate levied by the City Commission for the lost four fiscal years. · The City Managersl 1995/96 Recommended Budget focuses on three major Issues: Pub/Ie Sofelr Economic Development Tourism REVENUES By Major Source 60/. U~nsu & Fines lnllltOol/omrnOn1 , 1 % 2% Clwgtlsl", Sol\llC8S 29':~ Franchl~u & UlNIIy . A d valorem property taxes will generate $19.303,820 for General Fund purposes, or 29.% of all General Fund Revenues, . Public Safety. or Police and Fire. e,\pendltures represent 49% of the total , General fund expenditures. 70/. Saki, Tax 2% .....ISGol~lnoous EXPENDITURES EXPENDITURES \ By Major Type By Major Function ! I Into mal SOI'VlCCS Englnoo,lng I I Cap~al 7% Nan-Doparlmenlal I 1% 12% , Optlrallng 6% j 14% 1% I Community 1 Outroach Trans'llr 301 j u. 1 General Pollcc I Gavommont 33% 13% I ! ) J 66% 16% 1 , POl'!ionnll1 SOrvlCC5 FifO . .',::-:',:.:.' ': ~'".' ')i. .t; , . ,,' .," ,.' ..,. (..>~ ~. . '.. " .:,~;,;:-;,:<':~~f7;/~>, ~,..:'!,,,'" ,., /<K< . ". ;..".;"ij:c~\~:::~:lj:11f) ,'1n,'. '. !};': '. PRELIMINARY AGENDA Clearwater City Commission Worksession - Monday. July 31, 1995 following closed attorney/client sessions which begin at 9:00 A.M. Clearwater City Commission Meeting - 6:00 P.M. - Thursday, August 3, 1995 \ ( Service Awards PRESENTATIONS 1 . Update on Chamber of Commerce Activity - 8/3 2. Annual Parks & Recreation Appreciation Award - 8/3 GAS GAS SYSTEM 1M INFORMATION MANAGEMENT \ I I l ~ .j f I t (. I I I (- !1 .~ 1. First Reading - CGS -. Gas Rate Case 1. Contract for development of & training on interactive, multimedia software for use in a City Information Kiosk to Silver Image, Inc., Clearwater, FL, for $36,000; authorize related expenditures of $8,100 for computer hardware & cabinet, for a total of $44,100 (Consent) LIB LIBRARY 1. Construct parking lot on Pinellas County School Board property, behind the North Greenwood Library, at Holt & Palmetto, fol' joint use by the library branch and school, for $60,000 (Consent) 2. Res. #95-62 - authorizing City Manager or designee to establish and adjust library fines and fees PW PUBLIC WORKS 1 . Second Amendment to License Agreement with GTE Mobilnet to allow 2 additional antennas to be installed on elevated water tank of DelOra Park, an additional cabinet & equipment adjacent to existing GTE building, and an increase in annual rental fees (Consent) EN ENGlJiJtERI NG 1 . Interlocal Agreement with SWFWMD for construction of a retrofit storm water treatment area at Clearwater Mall (Consent) 2. Easement & Maintenance Agreement with Holland Westshore, Inc. for construction of a retrofit stormwater treatment area at Clearwater Mall (Consent) 3. Interlocal Agreement with SWFWMD for construction of an Aliens Creek experimental water quality treatment demonstration project at Clearwater High School; approve city related expenditures of $1 50tOOO (Consent) 4. Res. #95-63 - authorizing City to enter into a Urban and Community Forestry Grant Memorandum of Agreement with FL Dept. of Agriculture & Consumer Services; approve city matching funds of $18,400 5. Contract for consultant services to Parsons Engineering Science, Inc., Tampa, FL, to develop a comprehensive watershed management plan for the Alligator Creek watershed, for $496,964 (Consent) 6. Contract for 1995 Misc. Construction Projects to Keystone Excavators, Inc., Oldsmar. FL, for $393,400 (Consent) i i 7/31/95 1 CP-GENIRALPERrvlrrFfNG 1. Public Hearing & First Reading Ords. #5749-95 &. 5750-95 - Comprehensive Plan & LOCA's re PPC Consistency Program 2. Public Hearing & First Reading Ords. #5870-95. #5871-95 &. #5872-95 - Annexation. Land Use Plan Amendment to Residential Urban & RS-8 Zoning for property located at 109 Meadow lark Lane B, Bayview City Sub.. Blk 2, Lots 1 & 2 and i3butting alley to South {Kadlec, A95-14, LUP95-16) 3. Public Hearing & First Reading Ord. #5813-95 - CG Zoning for property located at 1969 Sunset Point Rd., Pinellas Groves Sub., SW 1/4, part of Lots 1 & 2 (Sauder, Z95-03) 4. Public Hearing & First Reading Ord. #5874-95 - CPO Zoning for property located at 705, 707. 709 &. 711 Jasmine Way, Magnolia Park, Blk 31, Lots 2.5 (Smolensky and Kornreich. 295-04) 5. Public Hearing & First Reading Ords. #5875-95, #5876-95 &. #5877-95 ~ Annexation, Land Use Plan Amendment to Residential Low & RS-8 Zoning for property located at 1531 Stevenson Dr., Stevenson's Heights Sub., Blk B, Lot 7 (Booth, A95-15, LUP95-17) 6. Public Hearing & First Reading Ords. #5878-95, #5879-95 &. #5880.95 - Annexation, Land Use Plan Amendment to Residential Low & RS-6 Zoning for property located at 412 Oakmount Rd., Oakmount Sub., Lot 2 and abutting r-o-w (Clark, Jr. and Warren, A95-17, LUP95-19) 7. Public Hearing & First Reading Ords. #5881-95, #5882-95 &. #5883-95 - Annexation, Land Use Plan Amendment to Residential Low & RS-6 Zoning for property located at 1236 Kapok Circle, Kapok Forest. Lot 14 (Sario and Hassell, A95-1a, LUP95-201 8. Pubtlc Hearing & First Reading Ords. #5884.95, #5885-~5 &. #5886-95 - Annexation. Land Use Plan Amendment to Residential Low & RS-4 Zoning for property located at 1238 Brookside Dr.. Meadow Creek Sub., Blk C, Lot 10 {Coulter, A95-19, LUP95-21) 9. Variance{s) to Sign Regulations for property located at 25749 US19N, Cypress Point Shopping Center, Lot 3 (Home Savings of America. SV93-68) CM ADMINISTRATION 1. Approve leasing 2,500 sq.ft. of Harborview Center ground' floor to Pickles Plus Too, Inc., tor establishment of a restaurant, consisting of a 5 year initial term with 3 additional 5 year option terms; authorize an expenditure of $100,000 (reimbursablel for completion of the restaurant. funded by a $100,000 loan from the Harborview Center Fund (Consent) 2. Request by Westshore Alliance, Inc. for temporary closing of SR60 for 3rd annual "Causeway Commuter Classic" to be held 11/12/95 on the Courtney Campbell Causeway 3. Request by Chamber of Commerce for closure of two access routes on & off SR60 for the Morton Plant Hospital Bayside Bridge Boogie to be held 10/14J95 ClK CITY CLERK 1 . Beautification Committee - 1 appointment 2. Library Board - 1 appointment CA LEGAL DEPARTMENT Second Reading Ordinances 1. Ord. #5832.95 - Annexation for property located at 2965 Sunset Point Rd., Sec. 5-29-16, M&B 14.17, 1.02 acres m.o.1. (McMullen, A95-07) 2. Ord. #5833-95 - land Use Plan Amendment to Residential Low for property located at 2965 Sunset Point Rd.. Sec. 5-29-16, M&B 14.17, 1.02 acres m.o.1. IMcMullen. LUP95-0B) 3. Ord. #5834-95 ~ RS-6 Zoning for property located at 2965 Sunset Point Rd., Sec. 5-29-16. M&B 14.17, 1.02 acres m.o.l. (McMullen, A95-071 7/31/95 2 a P ;1 4. Ord. #5841~95. Amending Ch. 29, relating to occupationallicensos (ro tax structure and appendix A, Fees, Rates & Charges) 5. Ord. #5860-95. Amending Div. 18 of Ch. 40 ~ providing tor revised requirements for the North Greenwood Commercial District; Amending Sec. 41.053 to address conditional use supplementary standards for 2 conditional uses in the district 6. Ord. #5861-95. Annexation for property located at 1528 Stevensons Dr.. Stevenson's Heights, Blk A, Lot 20 (Rowe, A95-12) 7. Ord. #5862-95 - Land Use Plan Amendment to Residential Low for property located at 1528 Stevensons Dr., Stevenson's Heights, Blk A, Lot 20 (Rowe, LUP95-14l 8. Ord. #5863-95 - RS-8 Zoning for property located at 1528 Stevensons Dr., Stevenson's Heights, Blk A, Lot 20 (Rowe, A95-12) 9. Ord. #5864-95 - Annexation for property located at 1317 Woodbine St., Pine Ridge Sub., Blk C, Lot 5 (New Zion Missionary Baptist Church, A95-131 10. Ord. #5865.95 - Land Use Plan Amendment to Residential Low for property located at 1317 Woodbine St., Pine Ridge Sub., Blk C, Lot 5 (New Zion Missionary Baptist Church, LUP95-1 5) 11. Ord. #5866-95 - RS-9 Zoning for property located at 1317 Woodbine St., Pine Ridge Sub., Blk C, lot 5 (New Zion Missionary Baptist Church, A95-13) 12. Ord. #5868-95 - restricting the practice of "cruising" or unnecessary repetitive driving First Reading Ordinances 1. Ord. #5869-95 - Amending Sec. 2.60(3), relating to term of members of the Environmental Advisory Board 2. Pension Plan 3. Ord. #5888-95 - Relating to the Community Redevelopment Agency; providing for repeal of Ords. #2576-81 & #3021-83, which adopted and amended the redevelopment plan for downtown Clearwater; providing for proper notice Agreements, Deeds and Easements 1. 15' Drainage & Utility Easement - Highland Estates of Clearwater, 1 st Addition, Blk F, part of Lot 1 (Maxwell) (Consent) 2. 10' Water Main Easement and ingress/egress easement - part of Sec. 6~29-16 and part of Lot 1, 1 ~29-15, Pinellas Groves Sub. (R.K.M. Development Corp.~ (Consent) OTHER CITY ATTORNEY ITEMS City Manager Verbal Reports Commission Discussion Items al Vending Machine Ordinance/Attached Signage b) Recent Study by City concerning newspapers (unsolicited materials) c) Clearwater Beach Association invitation to attend their town meeting on 9/27/95 Other Commission Action Adjourn 7/31/95 3 " '.~'" i: I " REVISED EMPLOYEE PENSION PLAN Shall the Employee Pension Plan as adopted by Ordinance 5890-95, completely revising the pension plan language; meeting the requirements of an IRS qualified plan; reducing the disability benefits; requiring return to work in lieu of disability benefits under certain circumstances; revising the composition and authority of the Pension Advisory Committee; increasing retirement benefit to 2.75% times years of service; providing optional benefit payments; requiring 8% contribution of employees; and other changes be approved? FOR AGAINST Section 6. The funds contained in or authorized by the Pension Fund adopted by Ordinance No. 1832 as subsequently amended shall be applied in furtherance of the contributions and disbursements authorized pursuant to this ordinance, and the rights, duties and obligations provided in this ordinarice shall apply to any fund subject to the prOVisions of this ordinance; provided, however, that the preconditions set forth in Section 7 relating to this ordinance becoming effective had been complied with. Section 7. This ordinance shall become 8ffective on January 1, 1996, provided that such Amended Pension Plan is approved by the majority of electors voting in the Referendum on the issue at a ballot special election called for such purposes provided herein to be conducted in the City of Clearwater, Florida, and upon the filing of this ordinance with the Secretary of State to the extent either in whole or in part that is approved. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED CITY OF CLEARWATER, FLORIDA By: Rita Garvey Mayor-Commissioner Approved as to form and legal sufficiency: Attest: I I I I Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk 42 . PROPOSED CHANGES TO THE EMPLOYEES' PENSION PLAN The following summary provides information about revisions to the Employees' Pension Plan that were bargained in concept between the City and the Unions. 1. Increased benefit. The retirement benefit will be increased from 2.5 % to 2.75% x years of service x last five-year average. This will be funded by employees contribution at 8 % and City's minimum contribution at 7% or whatever it takes above that 7 % to fund the Plan. (The City maintains its right to adjust its payment in the first year only.) 2. Plan to be established as I.R.S. qualified. This will allow employee contributions to be at pre-tax dollars. 3. Optional benefit payment methods. Language will be included to allow employees to elect optional benefit payment methods. A participant may be paid in one of the following optional forms elected by the participant, such option to be the actuarial equivalent of the benefit that would otherwise be paid to the participant. a) monthly income payments for the life of the participant b) monthly income payments for 10 years certain and life thereafter c) monthly income payments for the life of the participant and, after participant's death, a survivor annuity payment for the life of the participant's designated beneficiary equal to 100%, 75% or 50% of the amount payment to the participant. Example of Benefits Paid in Current Plan vs. Revised Plan Assume: Employee retires at age 55 with twenty (20) years of service with an average salary for the last five (5) years of $30,000. Current Plan Revised Plan 2.5 x 20 years x $30,000 50% x $30,000 = $15,000 annual pension = $ 1,250 per month 2.75% x 20 years x $30,000 55% x $30,000 = $16,500 annual pension = $ 1,375 per month (The increased amount of pension in the revised Plan, using the example above, equates. to the employee receiving an extra $15,000 over ten (10) years and an extra $22,500 over fifteen (15). -1- Prepared 7/95 LOVER) " :1 4. Compensation. The revised Plan defines "compensation". This is not in the existing Plan. The definition includes incentive pay for police officers and firefighters. Clear definition of wages. The Plan will include a clear definition of wages subject to pension and included in the 5-year average salary. Compensation is defined as including regular salaries, wages, overtime pay, leave pay (except when paid in lump sum at retirement)~ bonuses. workers' compensation payments~ and incentive pay for police and firefighters. It excludes clothing, car and meal allowances, lump sum leave payments, relocation expenses payments, fringe benefits, etc. " '1 ;~ " " ,1 " t 5. Hazardous duty. The revised Plan specifically designates employment as a police officer or firefighter as IIhazardous duty" thus qualifying for the 20-year hazardous duty retirement. (The current Plan provides for hazardous duty designation by the Trustees but does not specifically reference police officers or firefighters.) 6. Payment of S% simple interest on all contributions. A participant who terminates employment prior t~:'yrly or normal retirement date may elect to receive the total contributions he made to the Plan together with 5% simple interest on such contributions. 7. Plan will not allow more than 100% of pay. 8. Vesting at age 65. The Plan provides language to provide that at age 65 the participant becomes vested for number of years of service in the Plan but with actuarially reduced benefit. 9. Disability. The disability benefit will be reduced from 75 % to 66-2/3 %. 10. Dependent benefit. The 15% dependent benefit for disability pensions is eliminated. 11. Pre-existing condition waiver. There is a provision in the Plan of pre-existing condition waiver for disability eligibility. No participant is entitled to a disability benefit because of or due to the aggravation of a specific inj ury, impairment or other medical condition pre-existing the employee's participation in the Plan, provided that the pre-existing condition and its relationship to a later injury, impairment or other medical condition is established by competent substantial evidence. . 12. Reassignment. There is no disability entitlement if reassignment can be made to a job for which the participant is qualified. There is no loss of base pay. There are specific restrictions for police and fire reassignment: (a) to own bargaining unit first, (b) department second, and (c) city-wide third. 13. Annual recall and re-examination. The Plan provides that any pensioner receiving disability benefits under the Plan may be fe-examined periodically by a physician. In the event the -2- Prepared 7/95 /{~ '; pensioner is no longer disabled or is deemed capable to return to employment with the City and does not return to employment, the right to the disability benefit is forfeited. 14. No credited service for period rcceiving disability benefits. If a pensioner receiving a disability pension benefit returns to work and again participates in the Plan,~ha11 not receive credited service for the period during which he received disability benefits. 15. Pension Advisory Committce. The PAC will be increased to seven (7) members. Three (3) members will be elected by the employees, three (3) Commission appointed members, and one (1) member appointed by the other six (6) members. The Plan provides for four (4) affirmative votes for any PAC decision. 16. Investment authority. The City Commission, acting as Trustees, will be responsible for the investment authority of the Plan. It is provided that the pension fund may be used to pay all expenses of administration of the Plan. 17. PAC duties and responsibilities. No benefits are to be provided to any participant unless same have been reviewed by the PAC and a recommendation provided to the Trustees. The final authority rests with the Trustees. 18. Buy-Back provision. A buy-back provision will be stated clearly. If a participant terminates and receives a distribution of ~1~eontributions (plus interest) and the person is later re- employed and again becomes a participant, he may buy back previous pension service credit by repaying to the Pension Fund the greater of the full amount previously distributed to him or the actuarial present value of the accrued benefit previously forfeited. This repayment is to be accomplishe? within ~ five-year period. 19. Plan expenses. The Plan will include clear language as to what the Plan pays for such as a third party administrator, claims against the Plan, etc. 20. Changes required by law. The Plan provides that the City Commission has the power to amend the Plan without voter ratification only if the change is necessary to comply with applicable state or federal law. 21. \Vorkers' Compensation. Language in the Plan is changed to reflect changes in the workers' compensation. law. It provides that a participant receiving disability benefits and workers' compensation benefits for the same disability will have the pension reduced so that the monthly amount received by the participant does not exceed 100% of the participant's wage. 22. Language changes. Throughout the Plan, language has been "cleaned up" and is intended to be cleaT and unambiguous. -3- Pn:pured 7/95 tI 17?ii ,. Coopers &Lybrand Cooper. & Lybrand L.L.P. a professIonal sel'lices J'rm 101 Easl Konnedy lloulll\lsrd Swla 1500 TB1llpa. FIOlldll 33&02.&\94 tolophone (8t3~ 229.0221 locslmtlo (813) 228.0639 Human R..ourca Advlaory July 26, 1995 I I . \ Ms. Kathy Rice Assistant City Manager City of Clearwater 112 S. Osceola Avenue Clearwater, FL 346] 8-4748 Dear Kathy: We have completed the nctuarial impnct study of the proposed changes to the City's pen'sion plan. Following is a summary of the proposed changes in plan provisions: The benefit multiplier wiJl increase from 2.50% per year of service to 2.75%. This change will be retroactive, that is, it will apply to prior service. It will only apply to employees who are actively employed after December 31, 1995. Employee contributions will increase from 6.0% of pay to 8.0%. In addition, employees who receive a refund of contributions from the plan will receive 5% simple interest on their contributions. The plants disability benefits will be reduced for line of service disabilities from 75% of pay to'66.67% of pay. Also, the additional 15% of pay for dependent children will be eliminated. The minimum bencfit of $300 per month has been eliminated. Enclosed is an actuarial impact statement showing the detailed infOlmation regarding the cost impact of these changes. Based on our calculations, as a result to these changes the City's minimum required contribution under Florida Statutes for 1995 would increase from $3,741,904 to $4,522,698, or from 9.0% of payroll to 10.9%. Please note that these contribution amounts do not take into account the Cityls 1995 credit balance of $5,675,381 (including interest to the end of the year). Including the credit balance. thc City's minimum required contribution under florida Statutes for 1995 is $0 both before and after the plan changes. Coopo,s & lybrtlJ'ld II P,Il ,coiSlorocllimllOd habllJly partnorShip, is a momber tlrm 01 COOPD'S'" \.yownd Illlornatlonllt I . \ :~:' .' ., ~. . .. ' -.' t\itr....,~......'i-;:-~~'A, .",..~... ;j:'J,,}'J. ~~ :~. ,,> i';'~.. ." .......,. .. .. ...~. . " Ms. Kathy Rice July 26, 1995 Page Two Our calculations are based on employee datu and plan asset infonnation provided by the City of Clearwater as of January I, 1995. The actuarial assumptions, methods and plan provisions are the same as those contained in our January 1, 1995 actuarial valuation report except as described herein. !. l If you have any questions or comments, please give me a call. Very truly yours, Sfljl---m (}( ~ Stephen M. Metz Associate of the Society of Actuaries Enrolled Actuary #93-4342 Principal SMMllmb ; I .~ ~'" > Statement of Actuarial Impact City of Clennvatcr Employees Retirement Plan The City of Clearwater is considering amending the Employees Retirement Plan to include several changes in benefits. These changes are summarized below: Disability benefits for line of service disabilities will be reduced from 75% of pay to 66.67%. Also, the 15% per dependent child additional benefit will be eliminated. I 1 I I I I I i I \ I 1 1 I i Benefits will be increased from 2.50% to 2.75% of average earnings per year of service. This change will only apply to employees who are actively employed after December 31, 1995 and will cover past and future service. Employee contributions will increase from 6.0% of pay to 8.0% and employees who receive a refund of their own contributions will receive 5% simple interest. The minimum monthly benefit of$300 will be eliminated. All ofthc"changes described above will take effect beginning January 1 ~ 1996. Statement by Enrolled Actuary This actuarial valuation and cost detennination was prepared and completed by me or under my direct supervision~ and I acknowledge responsibility for the results. To the best of my knowledge, the results are complete and accurate, and in my opinion, the techniques and assumptions used are reasonable and meet the requirements of Part VII, Chapter 112, Florida Statutes. There is no benefit or expense to be provided by the plan and/or to be paid from the plan's assets for which liabilities or current costs have not been established or otherwise taken into account in the valuation. All known events or trends which may require a material increase in plan costs or required contribution rates have been taken into account in the valuation. Signed: ~~~fJJm~ July 6, 1995 Enrollment Number 93~4342 , 2. -: ~. . City of Clearwater Employees Pension Plan January 1, 1995 Actuarial Impact Study BEN = 2.75%, DIS = 66 2/3%, M8 = $0 EE CNT = 8.0%, EE eNT INT ::: 5.0% Proposed Net 1995 Valuation Amendment Change Participant Counts: I Actives 1,394 1,394 0 I Term Vested 8 8 0 \ Retired 380 380 0 I Total Participants 1,782 1,782 0 ~ Covered Payroll $41,371,332 I $41,371,332 $0 I i Present Value of Benefits: i Retirement $177,680,724 $195,448,797 $17,768,073 ! Withdrawal 12,025,628 13,228,191 1,202,563 , , Disability 10,822,342 9,619,860 (1,202,482) I Death 2,814,234 3,061,477 247,243 Refund of Contributions 1.362,173 1,589,945 227,772 1 \ . Active Total 204,705,101 222,948,270 18.243,169 1 Term Vested 680,848 680.848 0 I Retired & Disabled 58.768,478 58,768,478 0 : Inactive Total 59,449,326 59,449,326 0 Total Present Value $264,154A27 $282,397,596 $18,243,169 Unfunded Accrued Liability $11,946.070 $25,644.979 $13,698,909 Credit Balance $5,304,094 $5,304.094 $0 Actuarial Value of Assets $225,482,726 $225,482,726 $0 Present Value of Future Normal Costs $32,029,725 $36,573,985 $4,544,260 Present Value of Future Pay $356,834,700 $356,834,700 SO Nonnal Cost Rate 8.98% 10.25% 1.27% Normal Cost $3,715,146 $4,240,562 $525,416 Amortization of Unfunded 1,370,321 2,402,046 1,031,725 Expenses 849,675 849,675 0 Shortfall for Prior Expenses 44,245 44,245 . 0 Interest 244,797 295,877 51,080 Total Contribution $6,224,184 57,832,405 51,608,221 (Percentage of Pay) 15.0% 18.9% 3.90% Employee Contributions $2,482,280 $3,309,707 $827.427 City Contributions $3,741,904 $4,522,698 5780,794 (Percentage of Pay) 9.0% 10.9% 1.90% ':~~~:. :': ' " ~ .r. ' '. ." ... j .'. , , '" ~." ~tt'(......:1-;V.~"'t)..' ;'~'" .....--.l. H,"'~ . 'c," .l-.,\, ~ ,.. \ '.':. ',: : ..: . ' . f' . ". '\ . .;":. , ',' CITY OF CLEARWATER EMPLOYEES1 PENSION FUND AMENDED AND RESTATED AS OF JANUARY 1, 1996 If'J,~.... ~. .. I Section I 2.391 2.392 2.393 2.394 2.395 2.396 2.397 2.398 2.399 2.400 2.401 CITY OF CLEARWATER EMPLOYEES' PENSION FUND AMENDED AND RESTATED AS OF JANUARY 1, 1996 Table of Contents Title Pa9-e Amendmen t an d Restatement..................................... 1 Purpose of the Plan and the Trust............................. 2 Defi n It Ion s.... ................................ ........... .... ............. ..... .... ......,.... 3 P Ian Ad m in is tration,.,. III.................................... II.................. 10 Pa rt i c i pat ion. ............................................. .............. ........... 14 Contributions to the Plan.............................................. 15 Benefits Under the Plan................................,.....................,.., 17 Time and Manner of Benefit Payments......................... 29 Establishment and Operation of Pension Fund.......... 33 Amendment and Termination...............""........................... 38 Miscellaneous.... ...... ... ............... ......... ....... .... ... ...... ........... 41 ,I ',;,-. .. " , ., .~. . '('" . :,"e. : 'I ~t~~.+~,I;-~.:I;"l. '~:'~':.d~"" "--.~ ."d+ " , , I, i I,' I : CITY OF CLEARWATER EMPLOYEES' PENSION FUND Section 2.391 Amend ment and Restatement and Name of the P I a n A pension plan is hereby amended and restated In accordance with the terms hereof and shall be known as the uCITY OF CLEARWATER EMPLOYEES' PENSION FUND.II . (I ! " 1 1 " i1...."".~'... I, . I' I i 41 Section 2.392 Purpose of the Plan and the T r u s t (a) Exclusive Benefit. ( 1 ) This Plan is created for the sole purpose of providing beneffts to the Participants. Except as otherwise permitted by law (including payment of expenses as set forth in paragraph (i) of Sectlon 2.399), in no event shall any part of the principal or income of the Pension Fund be paid to or reinvested in the Employer or be used for or diverted to any purpose whatsoever other than for the exclusIve benefit of the Participants and their beneficiaries. (2) Notwithstanding the foregoing provisions of subparagraph (1). any contribution made by the Employer to this Plan by a mistake of fact may be returned to the Employer within one year after the payment of the contribution. The circumstances as to whether a mistake of fact has occurred 'shall be reviewed by the Committee, which shall submit a written , recommendation to the Trustees. Notwithstanding the Committee's recommendation, the Trustees shall have final authority as to the determination of' a mistake of fact. (b) Participants. Rights. The establishment of this Plan shall not be considered as giving any Employee, or any other person, any legal or equitable right against the Employer, the Trustees, the Committee or the prinCipal or the Income of the Pension Fund, except to the extent otherwise provided by law. The establishment of this Plan shall not be considered as giving any Employee, or any other person, the right to be retained in the employ of the Employer. (c) Qualified Plan. This Plan and the assets comprising the Pension Fund are intended to qualify under the Internal Revenue Code as a tax-free employees' plan and trust, and the provisions of this Plan should be interpreted accordingly. 2 -. t ..~ Section 2.393 Definitions (a) "Accrued Benefit" shall mean, as of a specified time, the Normal RetIrement Benefit as set forth in Section 2.397. (b) "Actuarial Equivalent" shall mean 'a benefit of equivalent current value to the benefit that would otherwise have been provided to the Participant; determined in accordance with the rules established by the Employer and on the basis of appropriate actuarial methods and the following actuarial assumptions: (1) Mortality: 1983 Group Annuity Mortality Table (Unisex). (2) Interest: 7% per "annum, compounded annually. (c) "Annual Additions" shall mean for Limitation Years beginning on or after December 31) 1986. the sum of: I" (3) the amount of Employer contributions allocated to the Participant during any Limitation Year under any defined contribution plan maintained by an Employer; (4) the amount of the Employee's contributions (other than rollover contributionst if any) to any contributory defined contribution plan maintained by an Employer or an Affiliate; " (5) any forfeitures allocated to the Participant under any defined contribution plan maintained by an Employer or an Affiliate; or (6) amounts allocated to an individual medical account. as defined in Section 415(1)(2) of the Internal Revenue Code that is part of a pension or annuity plan maintained by an Employer or an Affiliate, and amounts derived from contributions that are attributable to post-retirement medical benefits allocated to the separate account of a key employee (as defined In Section 419A(d)(3) of the Internal Revenue Code) under a welfare benefit plan (as defined in Section 419(e) of the Internal Revenue Code) maintained by an Employer or an AfflHate; provided, however. the percentage limitation set forth in Section 415 (c)(1 )(8) of the Internal Revenue Code shall not apply to: (A) any contribution for medical benefits (within the meaning of Section 419A(f)(2) of the Internal Revenue Code) after separation from service which is otherwise 3 ~"''l,... \. ! . I ' ~ I treated as an "Annual Addition," or (2) any amount otherwise treated as an "Annual Addition" under Section 415(1)(1) of the Code. (d) "Average Monthly Compensation" shall mean the monthly Compensation of a Participant averaged over his last 5 consecutive Years of Credited Service. 11 a Participant has less than 5 consecutive Years of Credited Service, his Average Monthly Compensation will be based on his monthly Compensation during his months of service beginning with the date he commences participation In the Plan to his date of termination of employment For purposes of determining a Participant's maximum benefit as required by Section 415 of the Internal Revenue Code, a Partlcipant's "Average Monthly Compensation" shall mean the Section 415 Compensation received by a Participant during the three (3) consecutive Limitation Years with respect to whi:h the Participant receives the hlg hest Section 415 Compensatlon, divided by 36 (or, If less, the aggregate number of his months of employment) . (e) "Committee" shall mean the pension advisory committee described in Section 2.394. (f) (1 ) "Compensation" shall mean the regular salaries, wages, overtime pay, leave pay (except when paid a lump sum upon retirement benefit)t bonuses paid by the Employer (provided the Employee contribution rate is applied thereto), Employee contributions designated as Employer contributions under Section 414(h) at the Internal Revenue Code. and employee salary reduction contributions made pursuant to an arrangement described in Section 125 of the Internal Revenue Code, compensation deferred under Section 457(b) of the Internal Revenue Code, indemnity benefits received pursuant to the Workers' Compensation Law and incentIve pay for police and firefighters, assignment pay, acting pay, and shift differential pay but shall not include clothing, car or meal allowances. disability payments, lump sum payments of accrued sick leave paid upon retirement, relocation expense payments, benefits under this Plan, any amount contributed to any pension, employee welfare, life insurance or health insurance plan or arrangement, or any other fringe benefits. welfare benefits or Employer paid deferred compensation. (2) (A) In addition to other applicable limitations set forth In the Plan, and notwithstanding any other provision of the Plan to the contrary, for Plan Years beginning on or after January 1, 1996, the annual Compensation of each Employee taken Into account under the Plan shall not exceed the OBRA '93 annual Compensation limit. The OBRA '93 annual Compensation Jlmit Is $150.000, as adjusted by the 4 ~::~~, Section 401 (a)(17)(8) of the Internal Revenue Code. The cost-of-Iiving adjustment in effect for a calendar year applies to any period, not exceeding 12 months, over which Compensation is determined (determination period) beginning in such calendar year. If a determination period consists of fewer than 12 months. the 08RA 193 annual Compensation limit will be multiplied by a fraction, the numerator of whIch is the number of months in the determination period, and the denominator of which is 12. .) (8) For Plan Years beginning on or after January 1, 1996. any reference in this Plan to the limitation under Section 401 (a)(17) of the Internal Revenue Code shall I11ean the OBRA 193 annual Compensation limit set forth in this provision. (C) The limitation on Compensation for an "eligible" employee shall not be less than the amount Which was allowed to be taken into account hereunder as in effect on July 1; 1993. "Eligible Employee" Is an individual who was a participant before the first Plan Year beginning on or after December 31, 1995. (3) For purposes of determining whether Compensation exceeds the dollar limit under Section 401 (a)(17) of the Internal Revenue Code, 1f any Employee is a Family Member of a Highly Compensated Employee who is one of the ten Highly Compensated Employees paid the greatest amount of Compensation during the Plan Year, then such Family Member shall not be con- sidered as a separate Employee and any Compensation paid to such Family Member shall be treated as if it were paid to or on behalf of the related Highly. Compensated Employee. (g) "Early Retirement Date" shall mean the date on which a Participant has reached the age of 65 years and completed 1 0 Years of Credited Service. (h) !'Effectlve Date" of this amendment and restatement shall mean January 1. 1996. (I) (1) "Employee" shall mean any person employed by the Employer as a full-time permanent employee other than 5 r:l+:,I." """.<, (A) individuals who have failed a comprehensive physical exam and by reason of such tact have not been recommended for acceptance into the Plan by the Committee or approved by the Trustees, (B) persons hired on a contractual basis, and !. (C) . employees exempt from the Employer's civil service classified service system (unclasslfied employees) for whom an Employment Agreement Letter establishes conditions of employment; provided, however, if a person was a Participant in the Plan prior to being employed in a pOSition described in this subparagraph (e), he shall continue to participate In the Plan. I. I (2) The Trustees shall have the right to determine from time to time Which persons are full-time permanent employees for purposes of the Plan; provided, however, that all persons covered by the civil service ordinance of the Employer who are employed on a full-time basis shall be considered full-time permanent employees for purposes of the Plan. (3) Permanent part-time, emergency, .seasonal and provisIonal employees shall not be "Employees" eligible to participate in the Plan. (j) "Employerll shall mean the City of Clearwater. (k) "Family Memberll o~ a Highly Compensated Employee shall mean such Employee1s spouse, lineal descendant or ascendant, or the spouse of his lineal descendant or ascendant; provided, however, that for purposes of determining the limit on a Highly Compensated Employee's Compensation under Section 401 (a)(17) of the Internal Revenue Code, the term "Family Member" shall include only the Employee's spouse and hIs lineal descendants who have not attained age 19 before the close of the Plan Year. (I) (1) t'Hlghly Compensated Employee" shall mean any Employee during the Plan Year or the Immediately preceding Plan Year (A) whose Section 415 Compensation was more than $75,000 (adjusted under such regulations as may be issued by the Secretary of the Treasury); or (8) whose Section 415 Compensation was more than $50,000 (adjusted under such regulations as may be Issued by the Secretary of 6 , I . :~: ". the Treasury). and who was a member of the IItop paId group"; provided, that as used herein, "top paid groupll shall mean all Employees who are in the top 20% of the Employer's work force on the basis of Section 415 Compensation paid during the year; provided, furthert that for purposes of determining the number of Employees in the top paid group, Employees described in Section 414(q)(B) of the Internal Revenue Code shall be excluded. I (C) In determinIng who is a Highly Compensated Employee, Employees who are nonresident aliens and who receive no earned income (within the meaning of Section 911 (d)(2) of the Internal Revenue Code) from the Employer constituting United States source income (within the meaning of Section 861 (a)(3) of the Internal Revenue Code) shall not be: treated as Employees. . (D) For purposes of this paragraph. the determination of Section 415 Compensation shall be based only on Section 415 Compensation that is actually paid and shall be made by including elective or salary reduction contributions to a plan described in Section 125 of the Internal Revenue Cadet a plan described in Section 401 (k) of the, Internal Revenue Code or a plan described in Section 403(b) of the Internal(Revenue Code. (E) The term "Highly Compensated Employeell shall also rryean any former Employee who separated from service (or was deemed to have separated from service) prior to the Plan Year. performs no service for the Employer during the Plan Year, and was an actively employed Highly Compensated Employee in the separation year or any Plan Year ending on or after the date the Employee attained age 55. (F) For purposes of determining whether an Employee is a Highly Compensated Employee, If any Employee is a Family Member of a Highly Compensated Employee who is one aT the ten Highly Compensated Employees paid the greatest amount of Compensation during the Plan Year. then such Family Member shall not be considered as a separate Employee and any Compensation paid to such Family Member (and any applicable benefit or contributIon on behalf of such Famlly Member) shall be treated as if it were paid to or on behalf of the related Highly Compensated Employee. 7 .J!~ ..., ,. (m) Ulnternal Revenue Code" shall mean the Internal Revenue Code of 1986 as amended or any successor statute. Reference to a specific section of the Internal Revenue Code shall Include a reference to any successor provision. (n) "limitation Year'l shall mean the Plan Year. (0) "Normal Retirement Benefit" shall mean the monthly income payable to a retired Participant pursuant to the provisions 'of Section 2.397 of this Plan. (p) "Normal Retirement Date" shall mean ( 1 ) the earlier of: (A) the date on which a Participant has reached the age of 55 years and completed 20 Years of Credited Service, (8) the date on which a Participant has completed 30 Years of Credited Service regardless of age, or (C) the date on which a Participant has completed 20 Years of Credited Service, which service is of a character or type of employment that Is described below as "hazardous duty" or that the Trustees have designated as hazardous duty. (2) For this purpose, a Participant1s service shall be deemed "hazardous duty'! if the Participant is a tull-time sworn police officer certified in accordance with Section 943.1395, Florida Statutes, or a full~time firefighter certified in accordance with Section 633.35, Florida Statutes, and he is employed in police or tire positions as established by the Employer. (q) "Participant" shall mean any eligible Employee of the Employer who has commenced participation and is contributing under the Plan. (r) "Planll shall mean the pension plan as herein set forth and as it may be amended from time to time. (s) "Plan Year" shall mean the 12-month period ending on December 31. 1 (t) "Section 415 Compensation" shall mean all compensation as described in Sectlon 1.415-2(d){2) and Section 1.415-2(d)(3) of the Income Tax Regulations. 8 \.. , 1 I i 'I i I L ~,"",. I 1 : I. ,I (u) "Trustee~' or "Trustees" shall mean the Individual or Individuals, as the context requires, designated as trustee pursuant to Section 2.394. (v) "Pension Fund" shall mean the pension fund established pursuant to Section 2.399. . (w) "Vears of Credited Service" shall mean the total number of years and fractional parts of years of service credited as' an Employee of the Employer during periods of participation in the Plan, omitting intervening years or fractional parts of years when an Employee is not employed by the Employer or not participating In the Plan (except as may otherwise be prov'fded In rules established by the Committee and approved by the Trustees). " 9 . -, t 1 " j I i . 1 " 11 :1 i ,I ~~~. ~ :'... . Section 2.394 Plan Administration (a) Administration of the Plan. The Trustees shall control and manage, In conjunction with the Committee, the operation and administration of the Plan (b) Trustees. (1) The members of the City Commission of the Employer, whether elected or appointed, shall serve as the Trustees. The term of office of each Trustee shall be consistent with his term of office as a member of the City. Commission. (2) The Finance Director of the Employer shall be the treasurer for the Trustees and shall provide such bond as may be prescribed by the Trustees. (3) Each Trustee shall be entitled to one vote. Three affirmative votes shall be necessary for any decision by the Trustees at a meeting of the Trustees. A Trustee shall have the right to recuse himself from voting as the result of a conflict of interest provided that the Trustee states in writing the nature of the conflict. (4) The Trustees shall not receive any compensation for service as a Trustee, but may be reimbursed expenses as provided by law; provided, however, that the Trustees may receive compp.nsation for services as a member of the Clty Commission. (c) Powers and Duties of Trustees. The Trustees shall have tinal authority and control over the administration of the Plan herein embodied, with all powers necessary to enable them to carry out their duties in that respect. Not in limitation, but in ampllflcation of the foregoing, the Trustees shall have the power and discretion to interpret or construe this Plan and to determine all questions that may arise as to the status and rights of the Participants and others hereunder. (d) Pension Advisory Committee. (1 ) (A) There shall be a pension advisory committee comprised of seven persons. Three members of the Committee shall be Employees who are active Employees and Participants in the Plan; three members shall be Clty Commissioners or appointees of the City Commission; and 10 ,/ :;:-'\.".. ~. , ~.1 , i . the seventh member, who shalll)e a resident of the City of Clearwater, shall be appointed by the other six members. (8) Except as provided in subparagraph (3) below. terms of members shall be for two years. (2) Committee members representing the Employees shall be elected by a majority of the active Employees who are Participants In the Plan. Committee members representing the City Commission shall be appointed by a majority vote of the City Commission. The seventh member shall be appointed by a majority vote of the other six members of the Committee. (3) Terms of office of Employee elected Committee membe:'s shall overlap, with two of the members to be initially elected for two years and the third member to be initially elected for one year. Terms of offlco of City Commission appointed members shall overlap, with two of the members to be initially appointed for two years and the third member to be h,itlally appointed for one year. (4) (A) The first election of Committee members representing the Employees shall be held within 45 days of approval of the' amended and restated Plan. Thereafter, not less than 60 days before each subsequent election of an Employee elected Committee member, the existing Employee elected Committee members shall select and appoint a nominee group composed of fjve persons from Employees participating in the Plan to conduct the election process. The Department of the City Clerk shall provide necessary assistance to the Employees for the adm Inistration of elections. (B) Members of the Committee last elected by Employees on the date of adoption of this amended and restated Plan shall continue to serve as the Employee elected Committee members until the first election under this amended and restated Plan has been held. (5) Any vacancy on the Committee, whether Employee elected, City Commission appointed, or the Committee appointed seventh member, shall be filled for the remainder of the term and In the same manner as the original Committee member who vacated the position. 1 1 1 .. :.) 1{~.JJ'i..... ~.. (6) Members of the Committee shall serve without compensation additional to that earned In their respectIve capacitIes as regular Employees or elected City Commissioners. ( 7) Each Committee member shall be entitled to one vote. Four affirmative votes shall be necessary for any decision by the Committee at any meeting. A Committee member shall have the right to recuse himself from voting as a result of a conflict of interest provided that the Committee member states In writing the nature of the conflict. (e) Powers and Duties of Committee. (1 ) The Committee shall have authority to: (A) Arrange for the necessary physicians to pass upon all medical examinations requIred under this Plan. Such physicians shall report In writing to the Committee their conclusions and recommendations. The Committee shall review such physicians' reports and prepare Its recommendations as to the acceptance or denial of Employees as Participants and forward same to the Trustees. (8) In conjunction with the Employer and medical consultants, establish the scope of the medical examinations to be used for benefit eligibility and medical standards to be used for benefit eligibility and to guide the examining physicians in reaching their conclusions and recommendations. Such medical standards shall give due consideration to the nature of the job classification in which Participants are to be placed. (C) Investigate and recommend to the Trustees, in conjunction with the actuaries, such mortality/service and other tables as shall be deemed necessary for the operation of the Plan. (D) Make recommendations to the Trustees for Improvements or changes in the Plan. (E) ReceIve all applicatIons for benefits under this Plan and determine all facts that are necessary to establish the right of an applicant to benefits under the Plan. 1 2 (:"., ',,, (2) The Committee shall, from time to time as it deems appropriate, submit recommendations to the Trustees as to rules, procedures, forms and general administrative procedures relating to the responsibilities of the Committee. , ' I (3) No benefits or relief shall be provided to any Participant under the Plan unless the same has been reviewed by the Committee and a recommendation provided to the Trustees. (f) Conflict In Terms. In the event of any conflict between the terms of this Plan and any explanatory booklet, this Plan shall control. (g) Nondiscrimination. The Trustees shall not take any action or direct the Committee to take any action whatsoever that would result in unfairly benefiting one Participant or group of Participants at the expense of another or in discriminating between Participants similarly situated or in the application of different rules to substantially similar sets of facts. (h) Procedures and Records. ( 1 ) The Trustees and, subject to the approval of the Trustees, the Committee, may establish ,rules and procedures as are necessary to administer the Plan, which rules and procedures shall be applied in an uniform and nondiscriminatory manner. (2) The Trustees and the Committee shall keep a complete record of all their proceedings and all data necessary for the administration of the Plan. All of the foregoing records and data shall be located at the principal office of the Employer. (1) Final Authority. Except to the extent otherwise required by law or by this Plan, the decision of the Trustees In matters within their jurisdiction shall be final, binding and conclusive upon the Employer, the Committee, each Employee and beneficiary, and every other interested or concerned person or party. (1) Appointment QtAdvisors. The Trustees may appoint such actuaries, accountants, professional investment counsel, legal counsel, specialists, third party pension administrators, and other persons that they deem necessary and desirable in connection with the administration of this Plan or to assist them in the performance of their duties as Trustees. The Trustees are authorized to pay for such services from the Pension Fund. 1 3 ~,'\'4.... ,,> I Section 2.395 Participation (a) Participation. (1) Unless otherwise provided herein, all Employees of the Employer shall be requIred to make the contributions specified In Section 2.396 and shall be required to participate in the Plan. (2) Any Employee who is a Participant and who by reason of appointment has or may become an offlclal of the Employer shall be eligible to continue participate in the Plan In the same manner as any other Employee. (b) Reemployment. ( 1 ) If a Participant terminates employment with the Employer and is subsequently reemployed within the 5 year period following his termination of employment, the former Participant ~hall again be eligible to participate in the Plan and his credited service shall be based on all periods of employment, provided he (A) again satisfies the definition of "Employee" set forth in Section 2.393 (Including passing the comprehensive physical examination), and ! (8) repays the amount of any Employee contributions he received in accordance with paragraph (d)(4) of Section 2.397. (2) Notwithstanding the foregoing, an Employee who Is reemployed after his benefits have commenced under the Plan (other than disability beneflts pursuant to paragraph (c) of Section 2.397) shall not be eligible to participate in the Plan upon his subsequent reemployment. 1 4 i~.......,. Section 2.396 .' Contributions to the P I a n (a) Employee Contributions. . (1) For each Plan Year, an Employee required to participate in the Plan shall make regular contributions to the Plan' In the amount of 8% of his Compensation. Employee contributions withheld by the Employer on behalf of the Employee shall be deposited with the Trustees at least monthly. (2) The contributions made by each Employee under the Plan shall be designated as Employer contributIons pursuant to Section 414(h) of the Internal Revenue Code. Such designation is contingent upon the contrIbutions being excluded from the Employees' gross Income for federal income tax purposes. For all other purposes of the Plan, such contributions shall be considered Employee contributions. " I I . (b) Employer Contributions. (1) For each Plan Year. the Employer shall make contributions to the Plan in an amount equal to (A) 7% of the Compensation of all Employees participating In the Plan; provided, however, that for the Plan Year beginning January 1, 1996, the Employer contribution to the Plan may be Jess than 7% (but in no event less than 6%) of the Compensation of all Employees participating in the Plan; plus (8) such additional amounts as may be required to satisfy the Planls funding requirements for the Plan Year and the cost of adminIstering the Plan, as determined by the actuary employed by the Trustees. (2) The amount described in subparagraph (1 )(B) above may be reduced by any available credit balance tn accordance with applicable Florida Statutes. (c) Form and Timing of Contributions. Paymen,s on account of the contributions due from the Employer for any Plan Year shall be made in cash. Such 1 5 \:iJ :"c_ > ~ " .' ." " ,.' . '~ j;';.>: "'., , , r , '~~ . '\ " ' " , ~, " ....... ~'.,.....p.....~_... ."~ . 'L....." ..1..-, _,i~.,.~~..... . '. , 'j II " >t . ' ~ r ~ " , . " . . . "c .' ,..'.. payments may be made by the Employer In accordance with the requirements of applicable Florida Statutes. (d) Forfeitures. Any amount forfeited pursuant to the provisions of this Plan shall be used In accordance with Section 1.401.7(a) ot the Income Tax Regulations. I " 16 ., <'\'; "'." , Section 2.397 Benefits Under the P' a n (a) Normal Retirement Benefit. ( 1 ) A Participant shall be entitled to retire from the employ of his Employer upon such Participant's Normal Retirement Date. (2) Upon reaching his Normal Retirement Date, a Participant shall be fully vested in his Accrued Benefit and shall be entitled to receive, at the time and in the manner described in Article VIII, his Normal Retirement Benefit. Subject to the provisions of paragraph (e) of this Seclion 2.397: (A) The Normal Retirement Benefit shall be a monthly income, paid in accordance with the normal form of benefit described below, that is equal to the product of: (I) 2.5% of the Participant's Average Monthly Compensation, multiplied by (ii) the Participant's Years of Credited Service. (B) Effective for Plan Years beginning on or after January 1, 1996, in the case of Employees who are performing active service on behalf of the Employer on January 1, 1996, 112.75%" shall be substituted for 112.5%" in subparagraph (A) above. An Employee will be deemed to be performing active service if he is actively employed by the Employer (working on a continuous basis), Inclusive of light duty assignments made by the Employer and the use of sick leave, vacation leave, military leave, family medical leave, or other approved leaves of absence from which the Employee Is anticipated to return to regular duty. This subparagraph (B) shall not apply to Employees who, as of January 1, 1996, no longer perform active service for the Employer but who remain on the Employer's payroll and are compensated for a given period on the basis of vacation time, sick leave, severance benefits or any other type of leave of absence and whose employment with the Employer is expected to terminate following such compensated period. II (3) (A) The normal form of benefit shall be an annuity paid monthly for the life of the Participant, with a 100% survivor annuity paid monthly 17 ~1'~,.,. ~.... for a period of five years following the death of the Participant to the beneficiary or beneficiaries described In paragraph (e) of this Section 2.397; provided, further, that following such five year period the survivor annuity shall be reduced to 50% of the original survivor annuity amount. (B) The survivor annuity paid to the PartIcipant's beneficiary or beneficiaries In accordance with subparagraph (3)(A) above shall cease following (I) the last day of the month in which occurs the designated beneficiary's death or remarriage, if such designated beneficiary is the Participant's spouse, or (Ii) the last day, of the month in which occurs the designated beneficiary's death or attainment ot age 18, if the designated beneflclary is the Participant's child or children. I' I , (4) In the event that a Participant does not begin to receive his N<;lrmal Retirement Benefit at his Normal Retirement Date, such Participant shall be entitled to the benefit he was entitled to receive at his Normal Retirement Date, adjusted to take into account his Average Monthly Compensation and Years of Credited Service as of his actual retirement date. (b) Early Retirement Benefit. ( 1 ) A Participant shall be entitled to retire from the employ of his Employer upon such Participant's Early Retirement Date. (2) Upon reaching his Early Retirement Date, the Participant shall be fully vested in his Accrued Benetit anG shall be entitled to receive, at the time and in the manner described in Section 2.398, his early retlrement benefit. (3) A Participant's early retirement benefit shall be determined in accordance with the provisions of paragraph (a) above, and the amount of such benefit shall be reduced to the Actuarial Equivalent of the benefit otherwise payable under paragraph (a) above. (4) If a Participant separates from service before satisfying the age requirement for early retirement, but has satisfied the service requirement. the Participant will be entitled to an early retirement benefit upon satisfaction of such age requirement. 18 1 1. ~.~) . . (c) Disability Benefit. ( 1 ) (A) A Participant who Is vested In his Accrued Benefit and who terminates employment by reason of his dlsabillty shall be entitled to receive, at the time and in the manner described In Article Vill, a disability benefit equal to his Accrued Beneflt as of the date of termination .of his employment. (B) A Participant who is de.emed by the Committee and the Trustees to be disabled by reason of an Injury suffered or an Illness contracted In the line of duty need not satisfy the vesting requirement set forth In subparagraph (1 )(A) above; provided, further, that the monthly amount of the disability beneflt payable to a Partioip?nt described In this subparagraph (1 )(8) shall not be less than 66.2/3% of such Partlcipant's Average Monthly Compensation. (C) The provisions of this paragraph (0) shall apply to Participants who are determined by the Committee and Trustees to be disabled on or after January 1. 1996. (2) A Participant shall be conside rep disahled for pu rposes of the Plan if, in the opinion of the Committee and ,the Trustees; the PartIcipant Is disabled due to sickness or injury, such disability is likely to be continuous and permanent from a cause other than specified in subparagraph (3) below, and such disability renders the Participant unable to perform any useful! meaningful and necessary work for the Employer in an available position for which the Participant Is reasonably qualified or for which the Participant may be reasonable trained to perform, subject to the limitations below. (A) If a Participant employed as a sworn and state certified (In accordance with Section 943.1395, Florida Statutes) police officer (Police Recruit, Police Officer, Police Sergeant, Police Lieutenant, Police Captain, Assistant or Deputy Chief or comparable sworn and state certified positions) or a state certified (In accordance with Section 633.35, Florida Statutes) firefighter (Firefighter, Fire Lieutenant, District Fire Chief, Assistant or Deputy Chief or comparable state certlfied positions) is disabled to the extent that he cannot reasonably continue to perlorm the functions of his specific position, but remains capable of performing usetul, meaningful and necessary work, he may be assigned to an alternate position with the Employer as described below in lieu of receiving disability benefits under the Plan. 1 9 ltttt . ~~ . . (i) If an available equal level position is available in the police or fire department respectively, the Participant may be assigned to such position within the respective department, such assignment to be with no loss of base pay (as described below); or j 1 I , ; 1 \ I I J , t , I I . I ] I J (ii) If no equal level posItion is available in the police or fire department respectively, as referred to In subparagraph (i) above, the Participant may be assigned to another sworn and/or state certified position In the respective department, if such position is available, such assignment to be with no loss of base pay regardless of whether the assignment is to an equal or lower level position; or (iii) It a position is not available pursuant to subparagraph (i) or (ii) above, the Participant may be assigned to a non-sworn and/or non-state certified position within the respective department, if such position is available, with such assignment to be with no loss of base pay regardless of whether the assignment Is to a non-sworn and/or non-state certified position of equal or lower level; or (iv) If an assignment cannot be made pursuant to subparagraph (i), (ii) or (iii) above, the Participant may be assigned to any other position with. the Employer that is available for which the Participant has the skill and knowledge to perform or for which the Participant can reasonably be trained to perform, such assignment to be with no loss of base pay regardless of whether the assignment to such position is at an equal or lower level. (B) If a Participant employed in a position other than as a sworn and state certlfied police officer or a state certified firefighter is disabled to the extent that he can not reasonably continue to perform the functions of his specific position, but remains capable of performing useful, meaningful and necessary work, he may be assigned to an alternate position with the Employer in lieu of receiving disability benefits under the Plan. For this purpose, the Participant may be assigned to any other position with the Employer that is available for which the Participant has the skill and knowledge to perform or for which the I I . I I, . I I , i, 20 ... --- ~r\"""', ~. Participant can reasonably be trained to perform. such assignment to be with no loss of base pay regardless of whether the assignment to such position Is at an equal or lower level. (C) For purposes of this paragraph (c)(2). the term "base payll shall be defined as compensation at the rate prescribed for the particular job class in the Employer's pay, schedule. (3) (A) Each Participant who is claiming disability benefits shall establish, to the satisfaction of the Com,mlttee. that such disability was not occasioned primarily by: (i) excessive or habitual use of any drugs. Intoxicants, or alcohol; (il) injury or disease sustained while willfully and illegally participating in fights, riots or. civil insurrections; ". (Iii) injury or disease sustained while committing a crime; (iv) injury or disease sustained while serving in any branch of the Armed Forces; (v) injury or disease sustained after his employment as an Employee with the Employer shall have terminated; (vi) willful, wanton or gross negligence of the Participant; or (vii) injury or disease sustained by the Participant while working for anyone other than the Employer and arising out of such employment. (B) No Participant shall be entitled to a disability benefit, whether in Une of duty or not in Une of duty. because of or due to the aggravation of a specific injury, impairment or other medical condition pre-existing the Employee's participation in the Plan; provided, however, that such pre-existing condition and its relationship to a later injury. impairment or other medical condition Is established by competent substantial evidence. Nothing herein shall be construed to preclude a, disabllity benefit for a Participant who, after commencing participation in the Plan suffers an injury. impairment or other medical condition different 21 .. from some other injury. impairment, or other medical condition existing at or prior to participation In the Plan. ( 4) (A) A Participant shall not become eligible for disability beneflts until and unless he undergoes a physical examination by a quallfied physician or physicians. who shall be selected by the Committee for that purpose. (B) (i) Any to rmer Participant receiving disability benefits under provisions of this Plan may be periodically re~examlned by a qualified physician or physicians who shall be selected by the Committee to determine if such disability has ceased to exist or If the former Participant may be employed in an available position for which the Participant is reasonably qualified in accordance with the provisions In paragraph (c)(2) above. If the Committee finds that the former' Participant is no longer disabled or Is capable of performing service for the Employer in accordance with the provisions of subparagraph (2) above, the Committee may request the former Participant to return to the employ of the Employer. If the former Participant returns to the performance of duty as an Employee. he shall again be eligible to participate In the Plan. In the event a former Participant Is no longer disabled or is deemed capable of returning to employment with the Employer in accordance with the provisions of subparagraph (2) above. and he does not return to employment with the Employer pursuant to the Committee's request, he shall forfeit the right to his disability benefit; provided further, that if an Employee accepts employment with another employer in an occupation or line of work similar to the occupation or line of work that resulted In the Employee being eligIble for a dIsability benefit here'Jnder, he shall forfeit the right to his disability benefit. (ii) A PartIcipant who returns to employment with the Employer and recommences participation In the Plan shall not receive credited service for the period during which he received disability benefits under the Plan. (C) The cost of the physical examination and/or re-examination . of the Employee claiming and/or receiving disability benefits shall be borne by the Plan. AU other reasonable costs as determined by the Committee incident to the physical examination, such as, but not limited to. transportation and meals, shall be borne by the Plan. 22 ~:"::}'I......,no (D) The Committee may establish such other rules and procedures as it deems necessary to Implement the provisions of this paragraph (c). (5) A Participant whose employment is termJnated by reason of his death in the line of duty shall, for purposes of the Plan, be deemed to have been disabled in the line of duty, and the Participanes beneficiary shall be entltled to . receive a disability benefit as described in paragraph (c)(1) above. ( 6 ) If a Participant receives a disability benefit under the Plan and workers' compensation benefits pursuant to Florida Statute Chapter 440 for the same disability, and the total monthly benefits received from both exceed 100% of the Participant's average monthly wage, as defined in Chapter 440, Florida Statutes, excluding overtime. the disability benefit shall be reduced so that the total monthly amount received by the Participant dos not exceed 100% of such wage. The amount of any lump sum workers' compensation payment shall be converted to an equivalent monthly benefit payable for ten years certain by dividing the lump sum amount by 83.9692. (d) Termination of Employment Benefit. ( 1 ) In the event a Participant's employment with his Employer is terminated for reasons other than retirement, disability or death, such PartJcipant shall be entitled to receive, at the time and in the manner del?cribed in Section 2.398, a termination of employment benefit that is equal to the Participanes vested Interest In his Accrued Benefit as of the date of his termination of employment. (2) (A) A Participant's vested Interest in his Accrued Benefit shall be the following percentage of his Accrued Benefit, based upon such Partlclpant's full Years of Credited Service as of the date 6f his termination of employment: TOTAL NUMBER OF FULL YEARS Qf CREDITED SERVICg, VESTED INTEREST Less than 10 Years of Credited Service 10 years or more 0% 100% 23 '., " f:: .. \.~ (B) Notwithstanding the foregoing schedule, a PartIcipant shall be fully vested in his Accrued Benefit upon attaining hIs Early Retirement Date or his Normal Retirement Date. (3) A Participant who terminates employment with the Employer prior to his Early Retirement Date or his Normal Retirement Date may elect to receive the total contributions he has made to the Plan, together with 5% simple interest on such contributions. Upon. making such electiont the Participant's interest in his Accrued Benefit shall be forfeited. (4) If a Participant terminates employment prior to his Early. Retirement Date or his Normal Retirement Date and receIves a distribution of his contributions .(plus Interest thereon) and Is subsequently reemployed and again becomes a Participant in this Plan, his credited service for purposes of vesting and benefit accruals shall not include any periods of employment prior to his reemployment date unless he repays to the Pension Fund the greater of (i) the full amount previously distributed to him plus interest at the rate of 5% per annum from the date of distribution to the date of repayment or (ii) the actuarial present value of the Accrued Benefit previously. forfeited. Such repayment must be made no later than the second anniversary of the Participant's reemployment. If a Participant repays the foregoing amount to the Pension Fund within the prescribed time periodt the interest of the Participant in his Accrued Benefit previously forfeited under subparagraph (3) above shall be restored In full and the Participant's credited service shall be based on all periods of employment. I I I I (e) Death Benefit. I , . (1) (A) (i) In the event of the death of a Participant who is vested in his Accrued Benefit prio~ to his termination of employment, his beneficiary (as described below) shall be entitled to receive a death benefit at the time and in the manner described in Section 2.398. Said death benefit shall be in an amount equal to the Accrued Benefit of such Participant as of the date of his death. (ii) The Participant's beneficiary may elect to receive, In lieu of the death benefit under the Plant the total contributions made by the Participant to the Plan, together with 5% simple interest on such contributions. Upon making such electlont the 24 '';~>: ) " ' Participant's beneficiary shall forfeit any right to a death benefit under the Plan. (Iii) If the Participant does not have a beneficiary, the total contributions made by the Participant to the Plan, together with 5% simple interest on such contributions, shall be paid to the Participant's estate. (8) In the event of the death of a Participant who is not vested In his Accrued Benefit prior to his termination of employment, his beneficiary (or. if there is no beneficiary, his estate) shall be entitled to receive the total contributions made by the Participant to the Plan. together with 50/0 simple interest on such contributions. (2) A Participant whose employment Is terminated by reason of his death in the line of duty shall be deemed, for purposes of the Plan, to have been disabled in the line of duty and his benefit shall be determined in accordance with paragraph (c)(5) of this Section 2.397. I:: (3) The Participant's surviving spouse shall be deemed to be the beneficiary designated to receive the death beneflt payable under the Plan, and if none, his children under the age of 18 who are the Participant's dependents (within the meaning of Section 152 of the Internal Revenue Code) at the time of his death. (4) If the total contributions made by the Participant to the Plan, together with 5% simple interest on such contributions, exceed the value of the death benefit paid under the Plan, the amount by which such contributions (Including interest thereon) exceed the value of the death benefit paid under the Plan shall be paid to the Participanfs estate. (f) Limitations on Amount of Benefits. ( 1 ) (A) Notwithstanding any other provision of this Section 2.397 to the contrary. the projected benefit for a Participant (under this Plan and under all other defined benefit plans maintained by the Employer. whether or not terminated) when expressed as a benefit payable annually In the form of a straight life annuity without regard to the death beneflt or any other ancillary benefit, shall not at any time within the LImitation Year exceed the lesser of 25 I II ~... ~ " ", ~ (I) $90,000 (adjusted under such regulations as may be Issued by the Secretary of Treasury); or (iI) 100% of the Particlpanes Average Monthly Compensatlon. j' I (6) NotwithstandIng the foregoIng, the benefit payable with -respect to a Participant shall be dee'med not to exceed the limitations set forth in subparagraph (1) if the benefit payable with respect to suoh Participant under this Plan and under all other defined benefit pension plans to which the Employer contributes, does 'not exceed 510,000 for the applicable Plan Year and for any Plan Year and the Employer has not at any time maintained a defined contribution plan in which the Participant participated. (C) The limitations In subparagraphs (1 )(A)(l), (1 )(A)(ii) and (1 )(8) above, shall be multiplied by a fraction (not In excess of one), the numerator of which is the number of the ParticipanPs years of participation in the Plan (In the case of the dollar limitation set forth in subparagraph (1 )(A)(I)) or the number of the Participant's Years of Credited Service (in the case of the limitation set forth In (1 )(A)(li) and (1 )(8) ) and the denominator of which, In either case, is 10. (D) As of January 1 of each calendar year, the $90,000 limitation set forth In subparagraph (1 )(A)(I) above, shall be adjusted as and If permitted by the Secretary of the Treasury, and any such adjusted limitation shall become effective as the maximum dollar limita- tion under the Plan for that calendar year. The maximum dollar limitation for a calendar year, as so adjusted, shall apply to limitation Years ending with or within such calender year. (E) (1) a. In the event the Participant's retirement . benefits become payable before age 62, the $90,000 limitation set forth in subparagraph (1 )(A)(l) above shall be reduced in accordance with regulations issued by the Secretary of the Treasury. but not below $75,000. b. In the event the Participant's retirement' , benefits become payable before age 55, the $90,000 limitation set forth in subparagraph (1 )(A)(I) above shall be reduced in accordance with regulations issued by the 26 .s,'''i ~; . Secretary of the Treasury, but not below the actuarial equivalent of $75,000 at age 55. ,c. In no event shall the limitation set forth in subparagraph (1 )(A)(i) above be reduced to an amount less than $50,000 (indexed in accordance with the Internal Revenue Code) in the case of police or firefighters who are qualified participants as defined in Sectlon 415(b)(2)(H) of the Internal Revenue Code. (II) If the Participant's retirement beneflt becomes payable after age 65. for purposes of determining whether the benefit meets the 590,000 limitation set forth in subparagraph (1 )(A)(Ii) above. such benefit shall be adjusted so that it Is actuarially equivalent to the benefit beginning at age 65. This adjustment shall be made using an assumed Interest rate of five percent (5%) and shall be made in accordance with regulations ,promulgated by the Secretary of the Treasury. '" ! r f \ \ I I I (F) (i),' In the event that any Part.lcipant participates in both a defined benefit plan and a defined contribution plan maintained by his Employer or an Affiliate thereof. then the sum of the Defined Benefit Plan Fraction (as defined in Section 415(e) of the Internal Revenue Code) and the Defined Contribution Plan Fraction (as defined in Section 415(6) of the Internal Revenue Code) for any Limitation Year shall not exceed 1.0. (Ii) In the event that the sum of the Defined Benefit Plan Fraction and the Defined Contribution Plan Fraction exceeds 1.0~ then the Plan Administrator shall take such actions, applied In a uniform and nondiscriminatory manner, as will keep the benefits and Annual Additions for such Participants from exceeding these limits. Adjustments shall be made to this Plan before any adjustments shall be required to any other plans. (2) This subparagraph (2) shall apply to the amount of Benefit (as such term is described below) under this Plan for any Participant who is considered a Restricted Participant (as such term is described below). S'uch Benefit shall be limited to an amount equal to the payments that would have been made on behalf of the Restricted Participant under a life annuity form of 27 '. , I , I. payment that is the Actuarial EquivalBnt of the Restricted Particlpanes Accrued Benefit under the Plan. (A) For purposes of this subparagraph (2)t the term "BenefW shall Include retirement Income provided by the Plan, plus loans In excess of the amounts set forth in Section 72(p)(2)(A) of the Internal Revenue Code, any periodic income, any withdrawal values payable to a living Participant and any death benefits not provided for by insurance on the Participant's life. (8) For purposes of this subparagraph (2), the term II Restricted Partlcipanf' shall mean all Highly Compensated Employees. In anyone Plan Year, the total number of Participants whose beneftts are subject to restriction under this subparagraph (2) shall be ltmited by the Plan to a group of not less than 25 Highly Compensated Employees with the greatest Compensation. (C) Notwithstanding the foregoing, the limitations set forth In this subparagraph. (2) shall not restrict the current payment of the full amount of retirement income provided by the Plan if: (I) after payment to a Restricted Participant of all of the Benefit described abovet the value of Plan assets equals or exceeds 100% of the value of current liabilities, as defined in Section 412(1 )(7) of the Internal Revenue Code, or (iI) the value of the Benefit described above for a Restricted Participant ;s less than 1 % of the value of cu rrent liabilities, as defined in Section 412(1 )(7) of the Internal Revenue Code. 28 .i~"":--r4 , Section 2.398 Time and Manner of Benefit Payments (a) Time for Distribution of Benefits. (1 ) Except as otherwise provided under this Article VIII: (A)(i) The amount of the Normal Retirement Benefit to which a Participant is entitled under paragraph (a) of Section 2.397 shall commence as of the end of the month that next follows the month in which the Participant terminates employment on or after his Normal Retirement Date, continuing as of t~e last day of each month thereafter during his lifetime and the lifetime of his beneficiary, if any; (ii) No payment shall be made with respect to the month in which Participant terminates employment on or after his Normal Retirement Date; provided, however, that a full monthly payment wlll be made for the month in which the Participant or his beneficiary dies. (B)(i) The amount of the early retirement benefit to which a Participant is entitled under paragraph (b) of Section 2.397 shatl commence as of the end of the month that next follows the month in which the Participant terminates employment on or after his Early Retirement Date and elects to receive an early retirement benefit, continuing as of the last day of each month thereafter during his lifetime and the lifetime of his beneficiary, if any; (ii) No payment shall be made with respect to the month In which the Participant terminates employment on or after has Early Retirement Date; provided, however, that a full monthly payment will be made for the month in the Participant or his beneficiary dies. (C)(i) The amount of the disability benefit to which a Participant is entitled under paragraph (c) of Section 2.397 shall commence as of the end of the month that next follows the later of (1) the month in which a determination Is made as to the Participant's disability or (2) the month in which the PartIcipant terminates employment, continuing as of the last day of each month thereafter during his lifetime and the lifetime of his beneficiary, if any; (II) No payment shall be made with respect to the month in which a determination is made as to the Participant's disability or the month in which the Participant terminates employment; provided, 29 ~ '"....~ however, that a full monthly payment will be made for the month in which the Participant or his beneficiary dies. .. ,. (D) The amount of the termination of employment benefit to which a Participant is entitled under paragraph (d) of Section 2.397 shall commence as of the earlier of (1) the end of the month that next follows the month In which the Participant attains his Early Retirement Date (or would have attained his Early Retirement Date if he had continued In the employ of the Employer until his Early Retirement Date) or (2) the end of the month that next follows the month In which the Participant attains his Normal Retirement Date (or would have attained his Normal Retirement Date if he had continued in the employ of the Employer until his Normal Retirement Date), continuing as of the last day of each month thereafter during his lifetime and the lifetime of his beneficiar1" if . any; ,(Ii)} ~c\payment shall be made with respect to the month in which the P:'(lll...i~ant attains his Early Retirement (or would have attained his Early Retirement Date if he had continued in the employ of the Employer until his Early Retirement Date) or his Normal Retirement Date (or would have attained his Normal Retirement Date if he had continued in the employ of the Employer until his Normal Retirement Date); provldedt however, that a full monthly payment will be made for the month in which the Participant or his beneficiary dies. (E) The death benefit payable to a Particlpanfs beneficiary under paragraph (e) of Section 2.397 shall commence as of the end of the month that next follows the month in which the Participant dies, continuing as of the last day of each month thereafter during the lifetime , of his beneficiary; (Ii) No payment shall be made with respect to the month In which the Participant dies; provided, however, that a full monthly payment '.vill be made for the month In which the beneficiary dies. (2) Notwithstanding anything contained herein to the contrary t any distribution paid to a Participant (or, in the case of a death benefit, to his beneficiary or beneficiaries) pursuant to subparagraph (1) shall commence not later than the last to occur of: (A) April 1 of the year following the calendar year in which the Participant retires on or after his. Early Retirement Date or his Normal Retirement Date; or 30 .~....~ ,"~ - ., (8) April 1 of the year Immediately folloWing the calendar year In which the Participant reaches age 70-1/2. (b) Manner of Payment. (1) (A) The manner of payment of a ParticIpant's retirement, disability or termination of employment benefit shall be the normal form of payment described in paragraph (a)(3) of Sectlon 2.397. (8) The manner of payment of a Participant's death benefit shall be the normal form of survivor annuity payment described In paragraph (a)(3) of Section 2.397. ' I' (2) (A) In lieu of the normal form of payment described in subparagraph (1 )(A) above, a Participant's retirement, disability or termination of employment benefit may be paid in one of the following optional forms as elected by the Participant. The optional forms, which shall be the Actuarial Equivalent of the benefit that would otherwise be paid to the Participant, are as follows: t . I (i) Monthly income payments for the life of the Participant. I:' (Ii) Monthly income payments for a 10 years certain and life thereafter. under which the Participant receives payments during his lifetime and, if he dies after he has begun to receive payments but before he has received 120 payments, the remaIning payments shall be made to his designated beneficiary; provided, further, that if the designated beneficiary predeceases the Participant, the Participant may designate a new beneficiary to receive any payments due after his death. If the Participant does not designate a new beneficiary. the payments required under this option following the Participant's death shall be paid to the Participant's estate. If the designated beneficiary begins to receive payr:nents under this optfon and such designated beneficiary dies before the end of the 10-year period, the remaining payments shall be paid to the designated beneficiary's estate. 31 '11..,., (Iii) Monthly income payments for the life of the ParticIpant and, atter his death, a survivor annuity payable for the life of the PartIcipant's designated beneficiary equal to 100%,,75% or 50% of the amount payable to the Partlcipant. (B) Each Participant shall have the right to designate a beneficiary for purposes of the optional forms of benefit payment described In this paragraph and to revoke any such designation. Each designation or revocation shall be evidenced by written instrument filed with the Committee and shall be effective upon filing with the Committee. ! ' , (3) In the case of a retirement, disability or termination of employment benefit, in no event shall payment extend beyond the life or life expectancy of the Participant or the joint lives or life expectancies of the Par- ticipant and his designated beneficiary. If the Participant dies before receiving the entire amount payable to him, the balance shall be distributed to his desig- nated beneficiary at least as rapidly as under the metho~ being used prior to the Participant's death. I,' ( 4) In the case of a death benefit, payment (A) to the designated beneficiary shall begin within one year following the Participant1s death (unless the designated beneficiary is the Participant's spouse, in which case such benefit shall begin no later than the date the Participant would have reached 70-1/2) and shall not, in any event, extend beyond the life or life expectancy of the designated beneficiary; or (8) to any other benefiCiary shall be totally distributed within five years from the date of the Participant's death. (5) The Participant (or his spouse) shall not be permitted to elect whether life expectancies will be recalculated for purposes of distributions hereunder. (6) Notwithstanding the foregoing. payments under any of the options described in this paragraph shall satisfy the Incidental death benefit requirements and all other applicable provisions of Section 401 (a)(9) of the Internal Revenue Code, the regulations issued thereunder (including Prop. Reg. 32 .: ," ': , ., ~i..".." _,., .;'> C Section 1.401 (a)(9)-2), and such other rules thereunder as may be prescribed by the Secretary of the Treasury. (7) The Committee may purchase and distribute a nontransferable and nonrefundable annuity contract to provide any, benefit under the Plan paid ;n the form of an annuity. (c) Lump Sum P~yment Notwithstanding anything contained In this Plan to the contrary, any benefit payable under the Plan, the actuarial lump sum present value of which is not more than S3;qOO, shall be paid in a lump sum as soon as practicable following the Participant's termination of employment. I " i:" (d) No Payment Unless S.Jfficleot Funds. No benefits shall be paid under this Plan unless at the time of such benefit payment the Pension Fund has sufflcient assets to pay such benefits; provided, that in the event the assets In tile Pension Fund are not sufficient to pay the benefit amounts due under the Plan, the Employer shall make additIonal contributions to the Plan pursuant to paragraph (b) of I Section 2.396. " i i , !; I. 33 n~~.." I"'"F . I .' I' I I, I I. , t' Section 2.399 Establishment and Operation of Pension Fun d (a) Establishment of Fun d. (1) As part of the Plan, there is hereby established the Pension Fund, into which shall be deposited all of the contributions and assets whatsoever attributable to the Plan. (2) The Pension Fund shall be held in trust by the Trustees and the Trustees shall be vested with full legal title to the Pension Fund: provided, further, that the actual custody and supervision of the Pension Fund shall bl. f.\ . vested in the Trustees. " (3) The assets of the Pension Fund may be deposited by the Trustees with an offlcial designated by, the Employer, acting in a ministerial capacity only, who shall be liable in the sarna manner and to the same extent as he is !lable for the safekeeping of funds for the Employer. However, any assets so deposited with the designated official of the Employer shaH be kept in a separate fund or clearly identified as assets of the Pension Fund. In lieu thereof. the Trustees may d~posit the funds of the Pension Fund in a qualified public depository as defined in Section 280.02, Florida Statutes. which depository with regard to such assets shall conform to and be bound by all of the provisions of Chapter 280, Florida Statutes. (b) Records. All assets attributable to the Plan may be commingled in the Pension Fund, provided that accurate records are maintained at all times reflecting the financial composition of the Pension Fund, including accurate current accounts and entries as regards th~ following: (1 ) current amounts of accumulated contributions of Employees on an individual account basls~ (2) receipts and disbursements; (3) benefit payments; (4) all interest, dividends and gains (or losses); and . 34 t".!:t. . (5) such other entries as may be properly required so as to reflect a clear and complete financial report of the Pension Fund. (c) Powers and Duties of Trustees. The Trustees may: (1 ) Invest and reinvest the assets of the Pension Fund In annuity (Including group annuity contracts of the pension investment type) and life Insurance contracts of legal reserve life insurance companies licensed to do business in the State of Florida, in amounts sufficient to provide, In whole or in part, benefits to which all of the Participants shall be or become entitled under the provisions of the Plan, and pay the initial and subsequent premiums thereon. (2) Invest and r-ainvest the assets of the Pension Fund in: (A) Time or savings accounts of a national bank, a state bank, or a savings, building and loan association insured by the Federal Deposit Insurance Corporation. (B) Obligations of the United States Treasury and agencies allied with or related to the United States Treasury. (C) County bonds containing a pledge of the full faith and credit of the county involved, bonds of the Florida development commission, or of any other state agency, which have been approved as to legal and fiscal sufficiency by the state board of administration. (D) Obligations of any municipal authority Issued pursuant to the laws of this state; provided, however, that for each of the five years next preceding the date of investment, the income of such authority available for fixed charges shall have been not less than one and one-half (1-1/2) times Its average annual fixed charge requirements over the life of its obligations. (E) Common stocks, preferred stocks and bonds and other evidence of Indebtedness issued or guaranteed by a corporation organized under the laws of the United States, any state, or organized territory of the United States or the District of Columbia or any corporation inter,!ational in character engaged in international business and trade, prOVided: 35 ~'Ji~ .>,.... . .. . (i) the corporation Is listed on anyone or more of the recognized national stock exchanges; (ii) all corporate bonds shall carry a AA rating as established either by Standard & Poor's, Moody's or Fitch; and (Iii) not more than three percent (3%) of the assets of the Pension Fund shall be inve'sted in the common stock or capital stock of anyone issuing company nor shall the aggregate investment anyone issuing company exceed one per cent (1 %) of the outstanding capital stock of that company; nor shall the . aggregate of the investments under this subparagraph at cost exceed fifty percent (50%) of the Pension Fund's assets. I I (3) Cause any Pension Fund investment in securities to be registered in or transferred into its name as Trustee or into the name of such nominee as it may direct, or it may retain them unregistered and in form permitting transferability, but the books and records shall at all times show that all investments are part of the Pension Fund. (4) Vote upon any stocks, bonds, or securities at any corporation, association, or trust and give general or specific proxies or powers of attorney with or without power of substitution; participate in mergers, reorganizations, recapitalizations, consolidations, and similar transactions with respect to such securities; deposit such stock or other securities in any voting trust or any protective or like committee with the Trustees or with depositories designated thereby; amortize or fail to amortize any part or all of the premium or discount resulting from the acquisition or disposition of assets; and generally exercise any of the ~owers of an owner with respect to stocks, bon'ds, or other Investments comprising the Pension Fund which it may deem to be to the best interest of the Pension Fund to exercise. I I' (5) Retain in cash and keep unproductive of income such amount 01 the Pension Fund as it may deem advisable, having regard for the cash requirements of the Plan. (6) . Retain the services of a cLlstodlan bank, an Investment advisor regIstered under Investment Advisors Act ot 1940 or otherwise exempt from such required regIstration, an insurance company, or a combination of these, ror Ihe purposes of Investment decisIons and 36 j .. <I "."'~' I.,." management. Such investment manager shall have discretion, subject to any guidelines as prescribed by the Trustees, in the investment of all Pension Fund assets. (d) Prudent Man Rule. The Trustees of this Plan and all other persons occupying a fiduciary position under this Plan in the administration of this Plan and in investing and reinvesting assets of the Pension Fund shall utilize and be governed by the prudent man rule. j I :' I, I: I' I (e) Receipt of Information. Where any action which the Trustees are required to take or any duty or function which they are required to perform either under the terms herein or under the general law applicable to the Trustees under this Plan can reasonably be taken or performed only after receipt by the Trustees from a Participant, the Employer, or any other entity, of specific information, certification, direction or Instructions, the Trustees shall be free of liability in failing to take such action or perform such duty or function until such information, certification, direction or instruction has been received by it. (1) Qverpayments and Underpayments. Any overpayments or underpayments from the Pension Fund to a Participant or beneficiary caused by errors of computation shall be adjusted with interest at a rate per annum approved by the Trustees. Overpayment shall be charged against payments next succeeding' the correction. Underpayments shall be made up from the Pension Fund. (g) Appointment of Agents. Any of the foregoing powers and functions reposed in the Trustees may be performed or carried out by the Trustees through duly authorized agents, provided that the Trustees at all times maintain continuous supervision over the acts of any such agent; provided furtl1er, that legal title to the Pension Fund shall always remain in the Trustees. (h) Independent Audit. An Independent audit shall be performed annually by a certified public accountant for the most recent fiscal year of .the Employer. Such report shall reflect items normally included in a certified audit. (i) Expenses of Administration. ' ( 1 ) (A) The assets of the Pension Fund may be used to pay all expenses of the administration of the Plan and the Pension Fund, including the compensation of any Investment manager, the expense incurred by the Trustees or the Committee in discharging its duties, all Income or other taxes of any kind whatsoever that may be levied or assessed 37 , , ., . 111\1....... .. , , . - . ''I / . under existing or future laws upon or in respect of the Pension Fund, and any Interest that may be payable on money borrowed by the Trustees for the purpose of the Pension Fund, as well as any settlements or judgments entered with respect to the Plan. (B) The Employer may pay the expenses of the Plan and the Pension Fund. Any such payment by the Employer shall not be deemed a contribution to this Plan. . j. ' (2) Notwithstanding anything contained herein to the contrary, no excise lax or other liability Imposed upon the Trustees or any other person for failure to comply with the provisions of any federal law shall be subject to payment or reimbursement from the assets of the Pension Fund. I L > (3) ~o individual Trustee or Committee member shall be entitled to compensation from the Trust (except for the reimbursement of expenses properly and actually incurred). I: I I , . 38 ')11............. Section 2.400 Amendment and Termination ,.' (a) Amendment QiPlan. The City Commission of the Employer shall have continuous power to amend this Plan in whole or In part; provided, however, that no such amendment, except as permitted by law: ( 1 ) shall become effective until and unless it Is ratified by a majority of the qualified electors of the City of. Clearwater voting either in a general election or in a special election called and held for the purpose of ratification or rejection of the amendment; provided, however, that such ratification shall not be requir3d if the amendment is .necessary to comply with applicable state or federal law. (2) shall have the effect of vesting in the Emp loyer, directly or indirectly any interest, ownership or control in any of the present or subsequent assets held in the Pension Fund; , (3) shall cause or permit any property held subject to the terms of the Pension Fund to be diverted for purposes other than the exclusive benefit of the Participants and their beneficiaries; or (4) shall reduce the then vested Accrued Benefit of any Participant. (5)' reduce or eliminate any benefit in pay status prior to the Eifective Date of the Plan, except as otherwise provided under the terms of the Plan, prior to the Effective Date of this amendment and restatement. (b) Termination of Plan~Discontlnuance of Contributions. (1 ) This Plan may be terminated in whole or in part at any time by the Employer. (2) If this Plan is terminated, or If contributions to the Plan are discontinued, the Trustees shall continue to administer the Plan in accordance with the provisions of the Plan, for the sole benefit of the Participants and their beneficiaries. In the event of termination, or if contributions to the Plan are discontinued, there shall be full vesting of benefits accrued to the date of termination and the assets of the Plan shall be allocated in an equitable manner 39. ~,t'.l="1 to provide benefits on a proportionate basis to the persons so entitled in accordance with the provisions thereof. (3) The following shall be the order of priority for purposes of allocating the assets of the Plan as of the date of termination or the discontinuance of contributions, with the date of such discontinuance being determinfJd by the Trustees. (A) Apportionment shall first be made with respect to each Employee receiving a benefit hereunder on such date, each person receiving a benefit on such date on account of a deceased Employee, and each Employee who has, by such date, become eligible for a normal retirement benefit but has not yet retired, in an amount which Is the actuarial equivalent of such benefit, based upon the actuarial assumptions in use for purposes of the most recent actuarial valuation, provided that, If such asset value Is less than the aggregate of such amounts, such amounts shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such asset value. I ! ~ ~ (B) If there is any asset value remaining after U,e apportionment under subparagraph (3)(A), apportionment shall next be made with respect to each Employee in the service of the Employer on such date who has completed at least ten Years of Credited Service and who is not entitled to an apportionment 'under subparagraph (3)(A), in the amount required to provide the actuarial equivalent, as described in subparagraph (3)(A) above, of the accrued Normal Retirement Benefit, based on the credited service and Average Monthly Compensation as of such date, and each vested former Participant then entitled to a deferred benefit who has not, by such date, begun receiving benefit payments, in the amount required to provide said actuarial equivalent of the accrued Normal Retlrement Benefit, provided that, if such remaining asset value is less than the aggregate of the amounts apportioned hereunder, such latter amounts shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value, (C) If there is any asset value after the apportionments under subparagraphs (3)(A) and (3)(B), apportionment shall be made with respect to each Employee in the service of the Employer on such date who is not entitled to an apportJonment under subparagraphs (3)(A) and (3)(6) In an amount equal to Participant1s accumulated 40 . --. . f.-..r,. ~'4.!. contributions, provided that, if such remaining asset value Is less than the aggregate of the amounts apportioned hereunder such latter amount shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. ( D) If there is any asset value remaining after the apportionments under subparagraphs (3)(A), (3)(8), and (3)(e), apportionment shall lastly be made with respect of each Employee included in subparagraph (3)(C) above to the extent of th~ actuarial equivalent, as described in subparagraph (3)(A) above, of the accrued Normal Retirement Benefit, less the amount apportioned in subparagraph (3)(e), based on the credited service and Average Monthly Compensation as of such date, pro,vided that, if such remaining asset value is less than the aggregate of the amounts apportioned hereunder, such amounts shall be reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. (E) In the event there is asset value remaining after the full apportionment specified In subparagraphs (3)(A), (3)(B), (3)(e) and (3)(0), such excess shall be returned to the Employer. (4) The allocation provided in subparagraph (3) above may, as decided by the Trustees, be carried out through the purchase of insurance company contracts to provide the benefits determined in accordance with this subparagraph (3). The Pension Fund may be distributed in one sum to the persons entitled to said benefits or the distribution may be carried out in such other equitable manner as the Trustees may direct. The Pension Fund may be continued in exl~tence for purposes of subsequent distributions. (5) After all the vested Accrued Benefits prcvided hereunder have been paid and after all other liabilities have been satisfied, then and only then shall any remaining amounts of the Pension Fund revert to the Employer. 41 Il"~. ,~ Miscellaneous I I .1 f I 1 Section 2.401 I. (a) Alienation. No Participant or beneficiary of a Participant shall have any right to assign, transfer, appropriate, encumber, commute, anticipate or otherwise alienate his interest in this Plan or the Pension Fund or any payments to be made thereunder; no benefits. payments, rights or interests of a Participant or beneficiary of a Participant of any kind or nature shall be in any way subject to legal process to levy upon, garnish or attach the same for payment of any claim against the Participant or beneficiary; and no Participant or beneficiary of a Participant shall have any right of any kind whatsoever with respect to the Pension Fund, or any estate or interest therein, or with respect to any other property or right, other tran the right to receive such distributions as are lawfully made out of the Pension Fund, as and when the same respectively are due and payable under the terms of this Plan. ~ ~ Ii (b) Effect on Other Plans. Nothing in this Plan shall be construed so as to abridge, alter or in any way affect nny of the rights or liabilities of an Employee of the Employer under any other retirement plan in effect as of the Effective Date of this Plan. (c) Forfeiture of Benefits for Certain Offenses. (1 ) Any Employee who is convicted of any of the following specified offenses committed prior to retirement, or whose employment is terminated by reason of his admitted commission, aid or abetment of any of the following specified offenses, shall forfeit all rights and benefits under this Pension Fund; except for the return of his accumulated contributions as of the date of termination. (2) The specified oHenses are as follows: (A) The committing, aiding or abetting of an embezzlement of public funds; (8) The committing; aiding or abetting of any theft by a public officer or Employee from the Employer; (C) Bribery in connectlon with thE;! employment of a public officer or Employee; 42 I' ,\ ~.'i:"r . ,. ( D) Any felony specified in Florida Statutes, Chapter 838 (except 9838.15 and 9838.16); , (E) The committing of an impeachable offense; and (F) The committing of any felony by a public officer or Employee who willfully and with intent to defraud the public or the public agency, for which he acts or in which he is employed, of the right to rece'ive the falthful performance of his duty as a public officer or Employee, realizes or obtains, or attempts to obtain, a profit. gain, or advantage for himself or for some. other person through the use or attempted use of the power, rights, privileges, duties or position of his public office or employmer.t position. (3) For purposes of this paragraph, "conviction" shall be defined as an adjudication of guilt by a court of competent jurisdiction; a plea of guilty or a nolo contendere; a jury verdict of guilty when adjudication of guilt is withheld and the accused is placed on probation; or a conviction by the Senate of an impeachable offense. For this purpose, ltcourtll shall be defined as any state or federal court of competent jurisdiction which is exercising its jurisdiction to consider a proceeding involving the alleged commission of a specified offense. (4) Prior to forfeiture, the Trustees shall hold a hearing in accordance with Florida Statutes, Chapter i 20 on which notice shall be given to the Participant whose benefits are being considered for forfeiture. (5) If a Participant whose benefits are forfeited pursuant to this paragraph has received benefits from the Plan in excess of his contributions without interest, such Participant shall be required to pay back to the Pension Fund the amount of the benefits received in excess of his contributions without interest. The Trustees may implement all legal action necessary to recover such funds. (d) Indemnification. ( 1 ) To the extent not covered by insurance contracts in force from time to time, the Employer shall indemnify and hold harmless the Trustees and the members of the Committee from all personal liability for damages and costs, including court costs and attorneys' fees, arising out of claims, suits, litigation , or threat of same, herein referred to as "claims", against these individuals because of acts or circumstances connected with or arising out of 43 I..' ~";..",." ..i , " their official duty as Trustees or members of the Committee, The Employer reserves the right, in its sole discretion, to settle or not settle the claim at any time, and to appeal or to not appeal from any adverse judgment or ruling, and in either event will indemnify and hold harmless any Trustees or members of the Committee from the judgment, execution, or levy thereon. I' (2) Th is parag raph shall not be construed so as to relieve any insurance company or other entity liable to' defend the claim or liable for payment of the judgment or claim, from any liability, nor does this paragraph waive any provision of law affording the Employer immunity from any suit in whole. or part, or waive any other substantive or procedural rights the Employer may have. ! I I 1 (3) . This paragraph shall not apply nor shall the Employer be responsible in any manner to defend or pay for claims arising out of acts or omissions of the Trustees or members of the Committee which constitute felonies or gross malfeasance or gross misfeasance in office. (e) Uniformed Service. (1) An Employee shall be credited with service tor purposes of vesting and benefit accruals for his service in the uniformed service (as defined in the UnHormed Services Employment and Reemployment Rights Act of 1994 [the "Act")) upon being granted leave by the Employer for such uniformed service and termination from employment as an Employee with the Employer, provided that: (A) the Participant must return to his employment as an Employee with the Employer within the lime periods prescribed by the . Act; and (B) the Employee complies with the Employee contribution requirements prescribed by Act. \ '"" (2) The maximum service credit for uniformed service shall be 5 years or such other time period as may be prescribed by the Act. I. 44 ~J.I.";,~.,.. . . . . .J P. O. Box 4748 'I. ~ ~ I I . I ,1 C'D-L ~\ CITY OF CLEARWATER Clearwater, Florida 34618-4748 City Commission MEMORANDUl\'I .j I I TO: Betty Deptula, City Manager DATE: July la, 1995 FROM: Fred A. Thomas. Commissioner COPIES: Mayor and Commissioners RB: Vending Machine Ordin .....****..*....*..****.*.*..*.**.~...**.*...*.***..*.**..****...*........*** To the best of my knowledge, we have not revised the vending machine ordinince recently and I can attest to the many problems that business owners are having because of it. The ordinance treats vending machines like attached sign age: therefore. one establishment will differ from another I all else being equal except for fl vending machine. Several businesses that I am aware of have been left in limbo because of this ordinance. I think the time has come for us to tackle this very real problem. Please have thIs put on an upcoming agenda for discussion. FATlrk (! (:>U'" /11 /c f ; cr-., ~ / c:jA:;o C('Fr;", .:1: laol ~.~, {.:..:".' . '. ' .. ......~___....... '--~""'.'.H__ _H........___....... .........",__ ~~_...._~...~..._~ .._......~ _......_.. '__'~.' _.,_~ __. _ _. en']: 6. CI~tY OF CLEARWATER P. O. Box 4748 Clearwater. Florida 34618-4748 City Commission COPIES TO: COMMISSION \ t \ & I ~ t ~ ~ ~ r MEMORANDUM JUN 2 9 1995 TO: Betty Deptula, City Manager COPIES: DATE: Mayor and Commissioners PRESS CLERK I ATTORNEY I.' FROM: Fred A. Thomas, Commissioner June 29, 1995 RB: Recent Study By City Concerning Newspapers ...*****..**.*....*....****..........****..**.........*.**.*********.*..*...*. I' The Commission has discussed llunsolicited materials". and the conclusion was that re,idents receiving materials they don't want should call the provider of that material and request that the provider stop sending it. This doesn't appear to be n difficult or a time consuming project for anyone. However. suggesting that an ordinance be passed to prevent .unsolicited materials'l is certainly overkill. Surely, the people (103 in total) who called concerning Mr. Harper's survey stuffcr can not be so presumptuous to speak for tho 100,000 residents in Clearwater! Further, I believe that during our discussion of "unsolicited materlals1t first amendment rights were also brought forward. A telephone call b certainty an easy and simple solution to unwanted newspapers versus the ordinance alternative with perhaps an attached ConstitutionaHight on our hands. I'm not one to run from a fight, if the fight was for a good cause; in this case, I don't believe it is. I 1 t I 1 . i r. 1 ,~ , , ) FAT/rk ::"',';~, . /0,' mtr .....,/ ~ t(/.< ~ d-;~~ ~ ~//9S- l. r w~_--<-~ , J , i CnT c, ~~/ I July 20, 1995 ~...~"~" ~~:: ,--",' :',~. ~ ~ :..:}.:-:' ': ,; ~:i.;! I_i:~.~ ':~'-t~,':-"" ~"~';;":J>":t~' .. I. ... . ~~~.. ~';I""'::.'''J\i':..~'''~'l''. ,,").. 1W'~L~i' ',:1. ~ ;',. ':': ~.~ ';:'.';, t,,"~~~-:'''i~~~' f' ~. .l..~,'l",::,"'\"';' .,.",1 ", .....".../fl':';".">". .,. ." ...i'. ,.:,\: t l...~' :::;. ~{t~::': <~;.;,: ;..~:~..,<;:'.:.: /,)'::'::~.;i" '~'.~ ~/ 1"'/:~'t.l.p~" t..;..\~.;...' .'1 ~f:~~~"1~-"~";'<".:~V;:':".;~- ':'.~f/:,:,.::~1':"~~~:i ),~, '.,L"" ,'; '1t~~......,..-... -J..--. ~"'!"l"'~-"'1I'.-':"r"i'ir'1 ;'.'- ":,,I..~" ~i-L..~,' f ~'~-:'''it.~~' '.~{~!)>{~{{~.t;'i,~~~:: .;.. " ....::,I::.:~'>. ':<~;':':: ../ ~:::,:;. :;:?:;.~~~;\\~;~i::J,"" :' ~AT6(i'.. W1€AC~ ~rtON 7A f10X .J~5 CLG~~ fL ,~'O FAX to 462~6720 Betty Deptula, City Manager City ot CleArwater, ~lorida ReI Association town meeting - september 1995 Dear BettYI The next town meeting for ~he Clearwater Beach Association 1s scheduled for the Memorial civic Cen~er on September 27, 1995. The Directors would like to use that opportunity tor a dialogue 'about beach issues involving resident and business citizens with interest enough to come, appropriate city staff, and City Commissioners. Our nOKt Board meeting is. on August 11 1995. It possible, I would like to able to tell the Directors yea, nay, or maybe at that time. Thank you for your continued interest, assistance, and cooperation. ru1y yours, 1~id.nt I 1 , , "I. , .. .... ~f~H~" "';J. ~ '.,' . , ','. ~ ""'~<... ~..~~ C))x d.. CITY OF CLEARWATER Interdepartmental Correspondence TO: Mayor and Commissioners : Cynthia E. Goudeau, City Clerk .@J FROM: . , . I I SUBJECT: Commission Discussion Item I COPIES: Elizabeth Deptula, City Manager I DATE: July 27, 1995 .' ;:' Commissioner Berfield has requested Commissioner Thomas's memorandum regarding the Harborview Restaurants be added,as a Commission Discussion Item on Monday's (July 31) Agenda. A copy of the memorandum is attachedj See ::ftLt:5 . I l ) '~ ,. 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