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09/21/1995f AGEN"A AT =--" EMS ;¦ F ? CITY COMMISSION MEETING -- 9 -_a1 __- 95 Note: 9•? Preliminary (Worksession) agenda and paperwork that w in package initially but then not continued onto Thursday's agenda is at the back of this agenda pack. ? Asa I:4d ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, September 21, 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 lama and adLrgss. 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_ 8131462-6684. 1- Invocation 2. Pledge of Allegiance 3. Service Awards 4. Introductions and Awards 5. Presentations a) Beautification Committee - Annual Report b) Parks & Recreation Board - Annual Report 6. Approval of Minutes - Regular Meeting 9!7195 & Special Meetings 8!28195 & 9112195 7. Citizens to be heard re items not on the Agenda (maximum of 30 minutes) 1. Rev. Thurman Rivers, Skycrest United Methodist Church. 2. Mayor. 3. 1 award presented. 4. Proclamation: Public Natural Gas Week 1011-7195. Silver Circle Award for Tourism Video 5. a) Report received. b) Report received. 6. Approved as submitted. 7. David Grice expressed concern re the playground's name in Plaza Park and suggested calling it All Children's Memorial to honor all City children. He said his neighborhood has problems with drug activities and too much commercial traffic. He recommended vacating a right-of-way to redirect Parks & Recreation Department traffic. Stever Fowler said the ordinance limiting the number of restaurants serving alcoholic beverages in shopping centers has destroyed Pelican Walk's ability to complete their project. It was noted the issue will appear on the agenda in two weeks. Tom Sehlhorst thanked the City Manager and staff for being available to the community. He recommended combining City and County services to save money. PUBLIC HEARINGS 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 (10 minutes). Public comment (3 minutes per speaker). City Commission discussion, and may question any witness. Applicant may call witnesses in rebuttal (5 minutes). 9/21195 Conclusion by applicant (3 minutes). Decision. 8. Variance(s) to Sign Regulations for property 8. located at 1390 Sunset Point Rd., E. A. Marshall's Sub., Lots 9, 19 & 20, less road on E & S and vacated street between Lots 9 & 20 (Sunset Point Baptist Church, SV95-35) 9. Variance(s) to Sign Regulations for property 9. located at 24111 US19N, Sec. 5-29-16, M&B 23.05 (Robert Enterprises 1 Royal Pools, SV95-39) Approved 40.3 sq.ft. area variance to allow a freestanding sign with an area of 88.3 sq.ft. and a 5' height variance to allow a freestanding sign 17' high subject to the condition, there shall be no additional freestanding signs placed on this property. Denied request for 95.6 sq.ft. area variance & ratio variance of 1.91 sq.ft. per foot of building width. 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). Commission questions. Final rebuttal by applicant or representative (5 minutes). - Commission disposition 10. Public Hearing & First Reading Ords. #5895-95, #5896-95 & #5897-95 - Annexation, Land Use Plan Amendment to Residential Low & RS-8 Zoning for property located at 1304 Parkwood St., Pine Ridge Sub., Blk A, Lot 11 (Koger, A95-20, LUP95-23) 11. Public Hearing & First Reading Ords. #5898-95, #5899-95 & #5900-95 - Annexation, Land Use Plan Amendment to Residential Medium & RM-16 Zoning for property located at 1939 Sunset Point Rd., Sec. 1-29-15, Pinellas Groves Sub., SW 114, part of Lot 3 (Pappas & Siivie, A95-21, LUP95-24) 12. Public Hearing & First Reading Ords. #5903-95, #5904-95 & #5905-95 - Annexation, Land Use Plan Amendment to Institutional & PISP Zoning for property located at 1850 McMullen Booth Rd., Sec. 4-2916, M&B 32.05 (Countryside Christian Center, A95-22, LUP95-26) 13. Public Hearing - Second f3gadina Ord. #5912-95 - 1995/96 millage rate 14. Public Hearing - Second Reading Ord. #5913795 - 1995/96 Operating budget 15. Public Hearing - Second Reading Ord. #5914-95 - 1995/96 CIP budget 10. Approved. Ords. #5895-95, #5896-95 & #5897-95 passed 1 st reading. 11.Approved. Ords. #5898-95, #5899-95 & #5900-95 passed 1st reading. 12.Approved. Ords. #5903-95, #5904-95 & #5905-95 passed 1 st reading. 13.Ord. #5912-95 adopted. 14.Ord. #5913-95 adopted. 15. Ord. #5914-95 adopted. 9/21/95 2 16. (Cant. from 917195) Public Hearing - Res. #95-61 - 16. Continued to 1015195. authorizing placement of liens on properties for unpaid utility bills (FN) - City Attorney request to continue for 2 weeks Public Hearing - Second Reading Ordinances 17. 18. 19. 20. 21. 22. 23. 24. (Cont. from 917/95) Ord. #5741-95 - Land Use Plan Amendment to Commercial General for property located at 509 Bayview Ave. and 508 Meadow Lark Lane, Town of Bay View a/k/a McMullen Bayview Sub., Blk 3, part of Lots 1 & 2, and S 112 of vacated street abutting N side of lots, 0.70 acres m.o.l. (R. Roy Meador, LUP93-43) (Cont. from 9/7/95) Ord. #5742-95 - CPD Zoning for property located at 509 Bayview Ave., 508 Meadow Lark Lane, and 3009 Gulf to Bay Blvd., Town of Bay View a/k/a McMullen Bayview Sub., Blk 3, part of Lots 1 & 2 and Bayview City Sub., Lot A, and vacated street r-o-w between Lot A and Lots 1 & 2 of McMullen Bayview Sub., 1.02 acres m.o.l. (R. Roy Meador, Z93-54) Ord. #5891-95 - Land Use Plan Amendment to Institutional for property located at 1920 & 1924 Douglas Ave., Sunset Point 2nd Addition, Blk G, Lots 26 & 27 (Hellenic Orthodox Traditional Church of America, LUP95-22) Ord. #5892-95 - P/SP Zoning for property located at 1920 & 1924 Douglas Ave., Sunset Point 2nd Addition, Blk G, Lots 26 & 27 (Hellenic Orthodox Traditional Church of America, Z95-05) Ord #5893-95 - RPD Zoning for property located at 1551, 1555, 1559, 1563, 1567 & 1571 Druid Rd., Druid Groves Sub., Blk A, Lots 1-5 & 112 vacated street (Clearwater Community Hospital, Z95-06) Ord. #5901-95 - Land Use Plan Amendment to Commercial General for property located at 1105 Engman St., Greenwood Park No. 2, Blk E, Lot 31 (Dorsey, LUP95-25) Ord. #5902-95 - CNG Zoning for property located at 1105 Engman St., Greenwood Park No. 2, Blk E, Lot 31 (Dorsey, Z95-07) Ord. #5906-95 - providing for issuance of not to exceed $1,400,000 Special Assessment Bonds, Series 1995 to pay costs related to burying of power lines & installation of street lighting along Gulf Blvd. on Sand Key 17.Ord. #5741-95 adopted. 18.Ord. #5742-95 adopted. 19.Ord. #5891-95 adopted. 20.Ord. #5892-95 adopted. 21.Ord. #5893-95 adopted. 22.Ord. #5901-95 adopted. 23.Ord. #5902-95 adopted. 24.Ord. #5906-95 adopted. 9121195 3 25. Ord. #5910-95 - 1994/95 Operating budget (3rd qtr) 25.Ord. #5910-95 adopted. 26. Ord. #5911-95 - 1994/95 CIP budget (3rd qtr) 26.Ord. #5911-95 adopted. 27. Citizens to be heard re items not on the Agenda David Grice read a letter from the Drew and Plaza Park neighborhoods re their battle to curb drug activities, restore homes, and report code violations. He expressed concern re commercial intrusion. He suggested the Parks & Recreation Department create their own road. John-Doran, tongue in cheek, referred to his album of dumpsters and suggested applying for a world record for the most dumpsters per square mile. CITY MANAGER REPORTS CONSENT AGENDA (Items #28-39) - Approved as submitted less #31. 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. 28. Renew lease with Albert L. and Linda M. Guy for property located at 1000 Vine Ave., Jurgen's Addition to Clearwater, Blk E, part Lot 10, used for CRT N. Greenwood Neighborhood Office, for the period 10/l/95-9/30/96, with 1 one-year term option, for $4,800 (CRT) 29. Amend existing contract with legal firm of Akerman, Senterfitt & Edison, Orlando, FL, to increase counsel fees for environmental issues relaying to the Manufactured Gas Plant Site by $25,000 for a new total of $65,000 (GAS) 30. C.O.#s1-4 for additional work for remodeling of Gas Adminstration & Operation Center buildings located at 4.00 N. Myrtle Ave., to Design Wise Building Contractors, Inc., Clearwater, FL, for $34,969 for an est. new total amount of $197,519 (GAS) 31. Contract for tire service, repair & replacement to Stringer Tire Company, Inc., Tampa, FL, for the period 10/1/95-9/30/96 with option to renew for an additional year upon mutual consent, at an est. labor cost of $63,410 & est. material cost of $211,590, for a total est. $275,000 (GS) - PULLED due to bid protest 32. Contract extension for long-term disability (LTD) insurance for employees not covered by City's Pension Plan with CNA Insurance Companies, Orlando, FL, for the period 11/l/95-10/31/96, at an est. $36,702 (HR) 33. Purchase of 1 DEC Alpha 2100/4 computer system, operating system & programming licenses and associated peripheral components from American Data & Computer Products, Inc., Tampa, FL, for $38,348, authorize lease purchase through City's master lease purchase agreement (IM) 34. Amendment to agreement with School Board of Pinellas County, providing for continuation of School Resource Officer program for 1995/96 school year, at Clearwater & Countryside High Schools (PD) 35. Ratify/Confirm City Manager's authorization of payment for May, June, July, August & September, 1995 and approve assignment of remainder of City's sweeping contract with C. P. Ward, Inc. to Sweeping Corporation of America, Inc., Nashville, TN, beginning 5/1/95 & ending 9/30/96 under same terms and conditions (PW) 9/21/95 4 36. Contract to Crom Corp., Gainesville, FL, to provide misc. repairs & upgrades to 4 five-million- gallon ground storage (water) tanks for the Public Works Dept., for $71,899 (PW) 37. Sovereign Submerged Lands Use Agreement with State of Florida, Board of Trustees of Internal Improvement Trust Fund for Force Main Replacement in Clearwater Harbor (EN) 38. Receipt/Referral - LDCA - Parking Garage Regulations (LDCA 95-19) (CP) 39. Appoint Commissioner Justice to represent the Commission as the Canvassing Board regarding the 10/24195 Special Election (CLK) OTHER ITEMS ON CITY MANAGER REPORT 40 Harborview interior colors & design 40. Direction to go with suggested blue and green tropical design. 41 (Cont. from 917195) Clearwater Housing 41.Appointed Terry Byrd . Authority - 1 appointment (CLK) 42 Other Pending Matters 42.None. CITY ATTORNEY REPORTS 43. Resolutions a) Res: #95-75 - Relating to a beach access and public parking on Sand Key for the Beach Restoration Project 44. Other City Attorney Items 45. City Manager Verbal Reports 43. a) Res. #95-75 adopted. 44.Approved $590,000 settlement with Fisherman's Wharf for business damages, rental expenses, etc. Attorney/client session re City & Sid Klein v. the Church of Scientology Flag Service Organizations, Inc. scheduled for 1015195 at 5:00 P.M. Dervish Brothers conditional use hearing rescheduled for 1216195 at 9:00 a.m. Approved one time, 6 month extension to contract requirement for City Attorney to move into Clearwater within 1 year. Approved Jazz Holiday request for on-site EMS unit. City Manager referred to the National League of Cities conference scheduled for Phoenix and suggested one or more Commissioners may want to consider attending. 9121195 5 The Deputy City Manager reported the IAFF had not agreed to the pension plan. Staff feels the City's agreement and contract are valid. Consensus was to hold the referendum as scheduled and not to create a job classification for drivers. Approved consideration of the Civic Center parking lot for location of proposed tower. City Manager announced the September 28, 1995 Special Meeting at 9:00 a.m. re the concession stand at Pier 60 will be held at the Clearwater Beach Recreation Center. 46. ' Other Commission Action Barfield referred to awards for the CommUnity campaign and said the awards' committee should be advised re Clearwater's participation. Berfield 'questioned when the C-View Task Force would be formed. Issue to be discussed at 1012195 Work Session. Berfield requested update re background check on Mr. Katz who had proposed to build the Sandcastle. Commission approved stopping ail negotiations until all financial judgments against Mr. Katz are cleared. Thomas referred to cover of Quality City Magazine and cited it as a good example of tall buildings surrounded by park land. Qaryey reported her meeting with Mayor Jorge Rocha Trejo from Ixmiquiltan, Mexico and presented wall hangings he had sent to the Commissioners. Qaryey announced C-View will move from channel 35 to channel 15. The City Manager indicated the change will occur between October and January. Garyev invited volunteers to participate in the Sparkle City program planned on the beach 9/25/95 -9130195. 47. Adjournment - 10:44 p.m. 9/21/95 6 i jr 1 ?f s• CITY OF CLEARWATER Interdepartmental Correspondence TO Mayor Garvey FROM: Sally Thomas, Agenda Clerk SUBJECT: Invocation COPIES: Cynthia Goudeau, City Clerk DATE: September 21, 1995 Tonight's invocation will be offered by Rev. Thurman Rivers, Skycrest United Methodist Church, 2045 Drew St., 34625 CLEARWATER CITY COMMISSION Ag enda Cover Memorandum 164TEINN Item # Meeting Date: 9121/95 Subject: SERVICE AWARDS Recommendation/Motion: The following employees be presented with service awards for their length of service in the employment of the City of Clearwater. ? and that the appropriate officials be authorized to execute same. BACKGROUND: Y 5 ears: Roland C. Martens Engineering Michael Mendez Police Thomas J. Fisherkeller Police Craig G. McGarry Police Scott D. Dawson Police John K. Insco Police Michael A. Stewart Police Larry M. Harbert Police Michael P. Kachurik Police Gary L. Johnson Police John J. Cavaliere, Jr. Police Catherine J. Flaherty Police Leslie P. Riedt Gas Keith A. Bush Finance 12` Year Brett M. si. Ward Police Donald M. Davis Police Veronica V. Hunt Police Laurel L. Schultz Marine Anita C. Daniels Library Jean C. Ratcliffe Library Paul S. Ritz Library Michael K. Slattery Public Works John R. Allen Public Works Kelly J. O'Brien Gas Karen S. Smoak Finance Brian C. Stratton Finance 15-Years Virginia M. Costa Fire Tracey A. F. Bruch Engineering James Powell Public Works Samuel M. Flagler E n g i n e e ri n g Iracema Y. Drysdale Engineering Margot Schaeffer Library Gordon C. Jerrell Gas Dorothy M. Silianoff Finance 20 Years: Arthur A. Goetze (PPT) Parks & Rec. Paul H. Cherry Police Charlie Campbell Parks & Rec. Leon D. Davis Solid Waste 25Year- 5: 35 Years; George Odishoo Fire Ellen Darrington Parks & Rec. Alphonso Hinson Parks & Rec. Reviewed by: Legal _ Budget - Purchasing Risk Mgmt. CIS __. . _ ACM Other Submitted by: Originating Dept: Human Resources User Dept.: Advertised: Date: Paper: ? Not required Affected parties ? Notified ? Not required Costs: Total Current FY Funding Sourca: ? Capt. imp. ? Operating ? Other Appropriation Code: Commission Action: ? Approved ? Approved w/conditions ? Denled ? Continued to: Attachments: ? None i 4 11 TO: Mayor Rita Garvey FROM: Betty I. Blunt, Confidential Clerk Receptionist COPIES: City Commissioners, Betty Deptula, Cyndie Goudeau SUBJECT: Presentation at the September 21, 1995 City Commission Meeting DATE: September 21, 1995 The following presentation will be made at the September 21, 1995 City Commission meeting. `Employee will receive a letter of appreciation, day off with pay, dinner certificate George Odishoo, Fire Department ENTAMN eff Harper, Information Management Director w1fl present the Silver Circle Award - 3CMA? to Mayor and Commission )Jim Lewin, City of Clearwater Gas System - NbHz Natural Gas Week f i e _ 7 MEETING DATE 9/a) Persons wishing to speak before the Commission at the beginning of the meeting under "Citizens to be Heard regarding Items not on the Agenda" must pre-register with the City Clerk Department prior to 6:00 p.m. on the day of the meeting. A maximum of ten people (3 minutes 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: NAME ADDRESS 1 1 ?;_auf*cf t . _-,- -Z/D V/, CCZ,/?, 2. 3. 4. 5. 6. 7. 8. 9. 10. Persons who are not pre-registered and wish to speak before the Commission may do so after the public hearings. I '11M..•n..v . .. a ..... .. _. .. ..... r' e. • 1DATE AGEmM D.[.. ITEM i I i S L` CP nrm! Clearwater City Commission Agenda Cover Memorandum Item 0 Meeting Date: Q SUBJECT: Variance to the Sign Regulations; 1390 Sunset Point Rd.; Sunset Point Baptist Church (Owner/Applicant); Bob Waples (Representative). (SV 95-35) 1?????IIIII?YI/III??YWY?Y.?YY?I II 1111??1 Y¦ II.IIIIIYIpIYli?lgggll??llllr.l.?? RECOMMENDATION/MOTION: Approve the following variances: (1) an area variance of 40.3 square feet from the permitted 48 square feet to allow a freestanding sign with an area of 88.3 square feet, and (2) a height variance of 5 feet from the permitted 12 feet to allow a freestanding sign 17 feet high, on property identified as E. A. Marshall's Sub., Lots 9, 19 and 20, for meeting Sec. 45.24 Standards for Approval, items (1)-(4), subject to the following condition: There shall be no additional freestanding signs placed on this property. 13 and that the appropriate officials be authorized to execute same. BACKGROUND: The applicant is requesting the following variances: (1) an area variance of 40.3 square feet from the permitted 48 square feet to allow a freestanding sign with an area of 88.3 square feet, and (2) a height variance of 5 feet from the permitted 12 feet to allow a freestanding sign 17 feet high. The subject property is located on the northwest corner of Sunset Point Rd. and King's Highway, and is in the Public/Semipublic zoning district. The variance is requested to permit the existing freestanding sign to remain. Pertinent summary information is listed in the following table. Reviewed by: originating Dept: Costs: S MIA Commission Action: Legal N/A CENTRAL PER ITTING Total lJ Approved Budget N/A Purchasing N/A ?5 E 13 Approved w/conditions _ Risk Hgmt. N/A _ User Dept: Current Fiscal Yr. 13 Denied CIS N A 13 Continued to- ACH funding Source: CRT El Capital Imp. Advertised: 13 Operating Attachments; Data., © other APPLICATION i3 Paper: Tampa Tribune VARIANCE WORKSHEET © d MAPS Not Require Submitted by: Affected Parties © None f-- - ® Notified Appropriation Code: f 0 Not Required C i t anaghr r - •; i Printed on recycled paper Si:Ju i?J Yl! r:i1111•103 SV 95-35 Page 2 Information Existing Permitted Type of sign Freestanding Yes Location/orientation of sign Sunset Point Rd. Yes Area 88.3 sq. ft. 48 sq. ft. Setback 24 ft. 5 ft. Height 17 ft. 12 ft. Staff QpmmentsTroposed Condifions. Sunset Point Baptist Church is identified by a freestanding sign which has nonconforming area and height. Within Public/Semipublic zones, churches are allowed two freestanding signs: a 12 foot high, 48 square foot sign to identify the name of the church, and a 6 foot high, 24 square foot directory sign to announce services and events. Sunset Point Baptist Church has only one sign. It is comprised of four sign panels. Two of the sign panels are not regulated by the sign code because an administrative policy exempts religious symbols. The remaining two panels yield an area of 88.3 square feet, and a height of 17 feet. The area is 40.3 square feet greater than the maximum 48 square feet allowed, which is an 84% departure from the code. The height is 5 feet more than the 12 feet allowed, or a 42% departure from the code. There are special circumstances that support approval of the requested variances. The size and height of this sign is not out of scale with this property. The property is approximately 13 acres in size and has an expansive front yard on Sunset Point Rd. This is the only sign on this property; there are no signs affixed to the building. The sign is set back from the right of way a greater distance than the code requires. It is 24 feet from the right of way. There will be no discernible aethetic harm caused by allowing the applicant to combine the allowable 48 and 24 square foot signs into a single sign with an area of 88.3 square feet. In conclusion, based upon the foregoing, strict enforcement of the code would impose a hardship upon the applicant of greater weight than the benefit that would be derived by the public. SURROUNDING LAND USES Direction Existing Land Uses North Vacant South School East Single family residential West Vacant This 17 foot high, 88.3 square foot sign will not detract from properties that have conforming signs and will not adversely affect the overall appearance of the City. s r SV 95-35 Page 3 Apnligable Variance Standard: 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 meets all of the standards. In particular, the following standards do 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. SV 95-35 Page 4 Relevant Prgvious Decisions by the Commission: FREESTANDING SIGN HEIGHT CASE # ADDRESS NAME VARIANCES MEETING REQUESTED/ACTION DATE SV 92-28 1290, 92, 94 Stewart Title 2 ft. add'I to allow 10 12/17192 Court St. ft./Denied SV 93-18 1800 Gulf to Bay Young's BBQ 5.33 ft. add'l to allow 1 '119193 25.33 ft./Denied SV 93-34 19400 U.S. 19 Kenyon Dodge 16.75 ft. add'I to allow 1124194 36.75 ft./Denied SV 92-30 1266 Court St. Accurate 17.2 ft. add'! to allow 1124/94 Automotive 25.2 ft./Denied Repair 3.9 ft. add'I to allow 11.9 ft./Approved SV 93-61 21227 U.S. 19 Cambridge Apts. 14 ft. add'I to allow 20 1/24/94 ft.IA roved SV 93-41 25778 U.S. 19 Forbidden City 12 ft. add'I to allow 32 217194 ft./Denied SV 93-72 23197 U.S. 19 The Golf Depot 8 ft. add'I to allow 28 3121194 ft./Denied SV 92-27 411 East Shore Dr. Bay Breeze 5.66 ft. add'1 to allow 4127194 Motel 25.66 ft./Denied SV 94-22 400 Island Way Clipper Cove 3.5 ft. add'I to allow 814/94 Condominium 9.5 ft./Denied 2.5 frt. add'I to allow 8.5 ft./A roved SV 94-16 1861 N. Highland Sunset Square 5 ft. add'I to allow 25 9115/94 Shopping Center ft./Denied 2 ft. add'I to allow 22 ft./Approved SV 94-33 20 Island Way Jesse's Flagship 1 ft. add'i to allow 21 10/6/94 Restaurant ft./Approved SV 94-36 2218 Gulf to Bay Mr. Submarine 1 7 ft. add'/ to allow 27 11/3/94 Mr. Gyros ft.lDenied SV 95-01 1835 N. Highland Shanghai 4.3 fit. add'i to allow 1119/95 Ex ress 14.3 ft./Denied SV 95-17 2495 Gulf to Bay Builder's Square 5 ft. add'I to allow 25 5/4195 ft./Denied SV 95-27 3060-3080 Imperial Pines 1.7 ft. add'/ to allow 6115195 Eastland Blvd. Condominium 7.7 ft./Approved SV 95-35 Page 5 FREESTANDING SIGN AREA CASE # ADDRESS NAME VARIANCES MEETING REQUESTED/ACTION DATE SV 93-06 1621-1627 Connell's Plaza 144 sq. ft. add'I to allow 9/28/93 Gulf to Bay 208 sq. ft./Denied Blvd. SV 92-40 1528 Orthopaedic 32.4 sq. ft. add'I to allow 9/28/93 Lakeview Rd. Surgery Center of 56.4 sq. ft./Approved Clearwater SV 93-18 1800 Gulf to Young's BBQ 39.5 sq. ft. add'I to allow 11/9/93 Bay 103.5 s q. ft./Denied SV 93-34 19400 U.S. Kenyon Dodge 122 sq. ft. add'/ to allow 1/24/94 19 234 N.- ft./Denied SV 93-41 25778 U.S. Forbidden City 78 sq. ft. add'I to allow 2/7/94 19 190 s q. ft./Denied SV 93-92 2288 Drew Prime Executive 22.7 sq. ft. add'I to allow 4119194 St. Center 46.7 s q. ft./Denied SV 93-48 26200 U.S. Rio Bravo 30 sq. ft. add'/ to allow 4/27/94 19 180 N. ft./Denied SV 94-16 1861 N. Sunset Square 71 sq. ft. add'I to allow 9/15/94 Highland Ave. Shopping Center 221 sq. ft./Denied 32 sq. ft. add'I to allow 182 s q. ft./Approved SV 94-36 2218 Gulf to Mr. Submarine / 94 sq. ft. add'I to allow 1 1 /3/94 Bay Mr. Gyros 158 s q. ft./Denied SV 95-10 430S. Adam's Mark 6 sq. ft. add'I to allow 56 3/2/95 Gulfview Hotel sq. ft./Approved Blvd. SV 95-21 23917 U.S. U-Haul 37.6 sq. ft. add'I to allow 4/20/95 19 101.6 s q. ft./Approved SV 95-18 2475 Sunset Pinellas 36 sq. ft. add'I to allow 60 5/4/95 Pt. Community Bank sq. ft./Denied 8.8 sq. ft. add'I to allow 32.8 s q. ft./Approved SV 95-25 1625 N. Salvation Army 24 sq. ft. add'I to allow 72 5/18/95 Belcher Rd. Community sq. ft./Approved Worship Center SV 95-27 3060-3080 Imperial Pines 34.8 sq. ft. add'I to allow 6/15/95 Eastland Blvd. Condominium 58.8 s q. ft./A roved SV 95-30 1685 Gulf to Gulf to Bay 15 sq. ft, add'I to allow : 17/20/95 Bay Shopping Center 165 sq. ft./Denied VARIANCE WORKSHEET - CASE NUMBER SV 95-35 41MANDA M FOR VAPSANCTn AP4Fi VA4 STAFF FifV3yq M (11 Thera are special circumstances related to the particular Sunset Point Baptist Church Is Identified by a freestanding physical surroundings, shops or topographical conditions sign which has nonconforming area and height. Within applicable to the land or buildings, and such circumstances PubliciSomipublic zones, churches are allowed two era pecuilar to such Innd or buildings and do not apply freestanding signs: a 12 foot high, 48 square foot sign to generally to the land or buildings In the applicable zoning Identify the name of the church, and a 8 foot high, 24 equara district, toot dkeatoty elgn to announce services and events. Sunset Point Baptist Church has only one sign. It Is comprised of four sign panels. Two of the sign panels are not regulated by the sign code due to ¦n administrative policy exempting religious symbols. The remaining two panels yield an area of 88.3 square feet, and a height of 17 feet. The area Is 40.3 square feet greater than the maximum 48 square feet allowed, and the height Is 6 teat more than the 12 teat allowed. There are special circumstances that support approval of the requested variances. The size and height of this sign In not out of scale with this property. The property Is approximately 13 acres In size and has an expansive front yard on Sunset Point Rd. This Is the only sign on this property, there are no signs affixed to the building. The sign Is set back from the right of way a greater distance than the coda requires. It Is 24 foot from the right of way. Thera will be no discernible aethatla harm caused by allowing the applicant to combine the permitted 48 and 24 square foot signs into a single sign with an area of 88.3 square last. In conclusion, based upon the foregoing, strict enforcement of the code would impose a hardship upon the applicant of greater weight then the benefit that would be, derived by the public. (21 The strict application of the provisions of the code would For the reasons stated above, the existing sign constitutes a deprive the applicant of the reasonable use of the land at reasonable use, buildings. (3) The variance, Is not based exclusively upon the desire lot The variances requested appear to satisfy this condition. economic or other material gain by the applicant or owner, (4) The granting of the variances will be In harmony with the The sign regulations were adopted with the Intent of general purpose and Intent of the land development code and enhancing the visual quality of the City's streets and comprehensive plan and will not be materially in)urlous to landscape in order to protect the value of properties and the surrounding properties or otherwise detrimental to the public well-being of the local tourist oriented economy. The welfare, granting of this variance appears to be consistent with this Intent. CENTRAL PERMITTING DEPARTMENT 10 S. MISSOURI AVENUE CLEARWATER, FL 34616 SIGN VARIANCE APPLICATION Ij 13 y G LI _ _jq L1 -7 vu c,. IC TELEPHONE: _.S? I3 ] y ?? G ?( 3 I4Q ^^ C. PROPERTY OWNS (S) NAME & ADDRESS: REPRESENTATIVE(S) (if any) NAME & ADDRESS: lt? \4-j a (4\ CA V C C \C0 V ? :. r C- \ r- 3 ?I G _ ?_: ?7 TELEPHONE: ( E j:?) J j g G--JG? 2- LjG j tl ?? Z ADDRESS OF SUBJECT PROPERTY: ` y U NAME OF BUSINESS (IF APPLICABLE): P/ P ZONING DISTRICT: 14 4- i C LAND 'S Tu USE CLASSIFICATION: -4 LAND AREA: Aevcs. LEGAL DESCRIPTION OF SUBJECT PROPERTY: 2d_._ PARCEL NUMBER: `-'? ./ .1 r / I T / S y q u / 0 0 0 / G 0 g G (This information is available from your tax receipt or contact Pinellas Co. Property Appraiser's Office at 464-3207. If more than one parcel number, attach 8% x I 1 inch sheet) DESCRIBE SURROUNDING USES OF PROPERTY: North: V rc ?"Ir_ / wcwL WGcjrcj I m-i South: V P-A( a L VARIANCEIS) REQUEST: East: tSiUc_ % ` -???tl1t GIhSS ?ZGr?,?? West: koo Uc c cil v c c, ?- a , n &67.3 A (? +24- ` t,/ -\v 1 ?hl c_ Pl -4, S SI A" A } } v l?- " %- 1 t /1 ! T 0 v V v V rt, u ' w - r U-?,Ck vti?- k C3nQAI a? C?u?t 1 - sV# 5 CONTINUED ON REVERSE SIDE STAftbAIRDS FOR APPROVAL: A variance shall not be granted by the City Commission unless the application and evidencef, presented clearly support the following conclusions: 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 because 1}h'r- sir- a -ll kr a s ((Vv- -_ ) /?? M-- + I CY r w V? 1? 11 "? .l Z C f O '7 1 /fir L/?? P- 1 1 l?C?a•S J LrY nw 1 ,? S ?.?. rs cis t k GS 1 •? ?. c - Ltl .} -? c , to c ti u Ce ?. c . 1 2) The strict applicatio of the1 pro 'lions of a code would deprive the applicant of a reason ble use of the land or buildings because 274 .?Sc-5 a 1. 6. ti:. A C 1. H. u r c'.t h ra.a. ?t w R W C_ 1 L?.?_ S([tiC« ??p 4.?? A„4 -C r /-Cll?J trC ir' WET ?c.__1???v<- At, )L I ;Ae L 't I' t' of 3) The variance is not bases] exclusively upon a desiro for economic or other material gain by the applicant or owner because Ou•- CG-%C rv•_ k A k__ -A I, ? S r 5 : c' 4 ? ?e tic v V 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 urious to surrounding properties or otherwi detrimental to the ublic welfare because Vcr I'?- r?h\.L L C7-? ?rv C?a A irlR C i A, r--, wrar. C, CA 1 bl THIS SUBMISSION GIVES AN APPLICANT THE OPPORTUNITY TO REQUEST THE VARIANCE AND APPEAR BEFORE THE CITY COMMISSION AT A PUBLIC HEARING. FEES PAID ARE NON-REFUNDABLE REGARDLESS OF BOARD ACTION. BY SIGNING THIS DOCUMENT I AM ACKNOWLEDGING THAT ALL FEES PAID DO NOT GU ARAN EE APPROVAL OF THIS APPLICATION. ?*4 U'?' n SIGNATURE OF PROPERTY OWNER (OR REPRESENTATIVE): and naWof oampbny it applicable/ Sworn to and subscribed before me this day of /11,q A.D., 19_? by--To C 214 - /_(1?2 lf f _ _?Odph; who is personally known to me and/or has produced F.? 77,E . t ; c as identification. STATE OF FLORIDA, COUNTY OF A"'j6ZL19,S Notary?'ublic EAMNOta[Y NFT S. %!clNKHAN Pu01i - Slate [>< Ao: ids rms, Expire; July 25,19M A) rN1 2- No. CC 395088 (Name of Notary typed, printed or stamped) T4ai ?filnal 1v¦!¦rp Orr¦trr r NOTE: PROPERTY OWNER OR REPRESENTATIVE MUST ATTEND HEARING. f SUNSET POINT 84PTIST CNUR C# SHARE TO BUILD 1390 SUNSET POINT-ROAD BUILD TO SHARE CLEARWATER, FLORIDA 34615 t May 11, 1995 City of Clearwater Department of Planning and Development P.O. Box 4748 Clearwater, FL 34618-4748 To Whom It May Concern; The property of Sunset Point Baptist Church is not owned by any one individual. Any deci- sions regarding the property are determined by the membership (580). Bob Waples, Deacon of Sunset Point, serves as the representative of the church. 11 Sincerely, Linda S. Cissell Church Secretary Before me, the undersigned authority, personally appeared Linda S. Cissell deposes and states the matters and facts set out above are true and correct to the best of her knowledge and belief. Sworn to and subscribed before me this /1• day of May 1995, A.D. C? Notary Public ..-;o ?., OFHCIAL SEAL (] CAROL A. STEFFEN . +JI y ; MY Commission Expires AUR. 28, 1996 '•:*?Q,nc> COMM. No. CC 222177 r • Carter Sign Company 999 Douglas Ave. Dunedin, Florida 33528 Phone ( 813) 733-7272 o.? w?r,.....a NEOw 146" DMVOM ?aw???1w[it1R1 WMALLAM114 w µAwnKA?iCt .• So%LA3 PLASTIC S1(& 51GAJ CC). Will R-MOPIOR ? r. UNSeT POINT C2oSS- .281-rALL- gA?PT1ST CWURCH , .3 LINES OF" ! 5,7 - 8" PLASTIC' {'_•$? ?PCRso? l 1 "SCA L-E' .?i1/, -?"+"? r • • ? •w .• 1 •'^ry r-1 . ?? ?. r`w?."V'n{?1??hr15?. •' •.i W7=?'. ?._...+-•w rr..? . w.+..ti ?tl._ ? ?.TrrMSS?',ti .. • ,? ??.1. ?.?..4 ? + ._„ `? '?' : S 1 • ? ,•T h , { `? ? V?V r tJ 84'15 17' H/ L99.o5 I I ` !v? u 1 ?, t y n > 49, rL, n +ry'a 1, ? ! + , } /Al'' / LLJ r n p V ' + r ; ' ? ? 1- ?, ?1 t Y.,. T u e ?I n x 1. .1 1? ! 1 {` AI ; ?Y II. ! `4 - U '' .fir - • ;, l+ '??; a ? ?'? w_ ;'? _?_ . ,._ ; ,, ... ? ? t` Vl- • T ? I V Z 1_ I. i a ?jj dew N •' ' ? 1 ???1 ?. y .S .4 0 U Z login 3??` •ytY ii? \ ' is r, v 3 1 1 ca x d . ? a • DF-7. DIV. u oY I ' ? \ ' ?? S GARDC371A CT. ' ' ? p 6\ / 6 / t 4 1 4 13 5 f i , 123 1142 S78 77mrt ¢ IIB 10 11 .I 6 I 73 7$ !I 7/ i-A RV E .o W000LA TERRACE I RQ ty 'o. l . 4 Apo pO4 5 e COND 79 Boy at , s 1 (' 6C t ? ? ? ; B 61-15 mew 8 ryyy 4 47 m TRACT A s IVI 1 12 ,y6s 97 `t4' _ Bt '96- R ? 6a 5 82 i5 B4 83 a i 20 21 22 10 B!? 87 86 85 M r 6D 1 t ? ? tl O '• 1 y Q r. 9A? 60 80 ?Lq P?HK -? C + 7 2 0 G7S33-b16 q 10 c c w 6D 7a r 6E 1t 51 U3? 5 55 rpss 1.13 7S5 956 1950 E. A. A 5 SO I5 sc 64 (; 7B rss r7++G S 343 fy.. Is. 176 'Os/ 29-f--4, 77T- ro• ? 1 ? W., SS 0 3w 91: firdd N 1937 117 rp 48 J. 5 "" 6.7 69 ? 76M 19d + wC - i177S'iTITif1F1T?t'TrimyTlF IT mar L " W 5 932 P: p psf f rest i 61? 7D U W3 , 75 lip, 1!!• 47 f s a 6 Ow4ED B. - r9u ZI 46 5 rare 60 pa I ro 6Q 71 IM 74 119 J- 60 . ,,.crzr•, 2C .?. r rM ?I 45 5 Ip2Q pptp ro20 55 i2 7pf9 73 121 3--44 - Mrs 26 12 1 °n G 28 ll I° 25 3fl y31 ` h W L ION R0/ 4 23 {_22 I t-21 ?20?:SF :1B ?:i7 UNSET IHIG NDSUNIT I- u J C 1 6 ?w3 `7 I E 5 _ y R. 57? F SUNSET POINT ROAD ? N to, e1?Q7 f Popp - i o E C \ IN A. HUNSING£a 1671 n " 4 z9 ?' I I SCHOOL i D d37 wra 1 I 15 i SB t` 1G 15 1,4 A _I d `I 27 ? 5 2.,.r o LA Isbt lplb ? ti ? M ry ? SAitl C3 B4 ` g5 B6 ` E7 =? BBN - BQ 9 ` 0 `I 97 nT?rrnstimnn nn SIGN.VARIANCE 'REQUEST l NAME: SUNSET POINT BAPTIST CHURCH WAPLES SV # 95-2 PUBLIC HEARING DATE : SEPTEMBER 7, 1995 ATLAS PAGE: 251 B SEC: 03 TWP: 29, S RGE: 15 E CLEARWATER CITY COMMISSION i i K ti oil ? 4 0 I 4 1 c o? •'Fu a? A i ? cc Clearwater City Commission 15 Agenda Cover Memorandum I t enm N Meeting Onto: 61" ?I.15 SUBJECT: Variance to the Sign Regulations; 24111 U.S. 19 N.; Robert Enterprises/Royal Pools (Owner/Applicant); Christopher P. Frontiero or Richard S. Franc (Representative). (SV 95-39) RECOMMENDATION/MOTION: Deny the following variances: (1) an area variance of 95.6 square feet from the permitted 75 square feet to allow attached signs with a total area of 170.6 square feet, and (2) a ratio variance of 1.91 square feet per foot of building width to allow 3.41 square feet of attached sign area per foot of building width, on property identified as Sec. 5-29-16, M&B 23.05, for failure to meet Sec. 45.24 Standards for Approval, items (1)-(4). ? and that the appropriate officiais be authorized to execute same. BACKGROUND: The applicant is requesting the following variances: (1) an area variance of 95.6 square feet from the permitted 75 square feet to allow attached signs with a total area of 170.6 square feet, and (2) a ratio variance of 1.91 square feet per foot of building width to allow 3.41 square feet of attached sign area per foot of building width. The subject property is located on the northeast corner of U.S. 19 and Sunset Pt. Rd., and is in the Commercial Center zoning district. On April 21, 1995, City inspectors received an anonymous complaint that these signs were placed in violation of the City sign code. Upon inspection, it was found that the signs were placed without permits and do not conform to the area and ratio requirements of the code. The variance was subsequently requested to permit the signs to remain. If the variance is approved, the applicant must obtain the requisite sign permits, for which a triple fee will be imposed as a penalty. If the variance is not approved, the signs must be removed or altered to conform to code, otherwise enforcement action will proceed. In the event the signs are altered or replaced with new conforming signs, sign permits must be procured prior. Pertinent summary information is listed in the following table. Reviewed by: Originating Dept: Costs: S N A comissiorn Action: Legal MLA CENTRA PERMITTING Total ? Approved Budget N/A Purchnsfng N/A S ? Approved u/conditions Risk Mgmt. _ NLA _ User Dept: Current Fiscal Yr. ? Denied CIS N/A ? continued to: ACM 2r Fundi+?g Source: CRT ? capital imp. Advertised: ? operating Attachments: Date: 0 other APPLICATION ({ Paper: Tampa Tribune p VARIANCE WORKSHEET MAPS Not Required suhsitted by: Affected Parties ? None ® Notified Appropriation Code: CiIf N,'n ge4i r ? Not Required %0 Printed on recycled }gaper SV 95-39 Page 2 Information Existing Permitted Type of signs Attached Yes Location/orientation of signs U.S. 19 Yes Area 170.6 sq. ft. 75 sq. ft. Ratio 3.41 sq. ft./1 ft. of storefront width 1.5 sq. ft./1 ft. of storefront width Staff Commen s Pro used Conditions: The previous tenant in this occupancy was the Philippine Bazaar. On March 3, 1993, as part of the citywide sign compliance program, City inspectors surveyed the signs for the Philippine Bazaar and found they were in compliance with the code. Subsequently, the tenant and the signs changed. This space is now occupied by Royal Pools. Signs for Royal Pools were placed without permits and do not conform to code. The total sign area is 170.6 square feet, which is 95.6 square feet larger than the 75 square feet allowed. The ratio of sign area (in square feet) to storefront width (in feet) is 3.41, which is 1.91 greater than the 1.5 ratio allowed. The applicant contends that the variances are warranted because the store is located in the corner of this shopping center. Staff does not concur that this is a special circumstance warranting larger signs than the code allows. If, in order to make this location profitable for this applicant, larger signs are necessary, that should have been considered by the applicant when selecting a location to establish this business. It is staff's position there are no special circumstances applicable to this property to support approval of these variances. The requested area and ratio variances are substantantial deviations from the code. The 170.6 square feet of sign area is a 127% deviation from the code. The 3.41 ratio of sign area to storefront width is also a 127% deviation from the code. These are not minimum variances. Other businesses in this zone have signs that comply with the code, including similarly situated businesses. The signs for this business should comply too. SURROUNDING LAND USES Direction Existing Land Uses North Mobile home park South Convenience store East Vacant West Gas station Attached signs having a total area of 170.6 square feet are not in character with other signs permitted in this zone. Approval of the requested variances will divert attention from other businesses and properies that have conforming signs, and will negatively affect the appearance of this property, the U.S. 19 corridor, and the City. SV 95-39 Page 3 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 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. Relevant Previous Decisions by the Commission: RATIO CASE # ADDRESS NAME VARIANCES MEETING REQUESTED/ACTION DATE SV 92-34 1685 Gulf to Walgreens 2.9 sq. ft./1 ft. width - 9/28193 Bay Denied SV 93-69 1645 Gulf to 30-Minute Coin 0.79 sq. ft./1 ft. width - 1119193 Bay Laundry Approved SV 93-30 20505 U.S. Gayfers 0.027 sq. ft./1 ft. width - 4/27/94 19 Denied SV 92-90 423 East Olympia Motel 1.1 sq. ft./1 ft. width - 4/27194 Shore Denied SV 95-09 1520 Musicana Dinner 2.9 sq. ft/1 ft. width - 3116195 McMullen Theatre Approved Booth SV 95-20 387 Mandalay Lappert's Ice 0.32 sq. ft.11 ft. width - 4120195 Cream Approved SV 95-31 387-112 Wedgwood House 0.77 sq. ft./1 ft. width - 8/17/95 Mandala Estate Jewelers Approved SV 95-39 Page 4 ATTACHED SIGN AREA CASE # ADDRESS NAME VARIANCES MEETING REQUESTED/ACTION DATE SV 92-19 27001 U.S. 19 J.C. Penney 329 sq. ft./Denied 10/15/92 Co. SV 93-73 2200 Gulf to Bay Goodyear 136 sq. ft./Denied 11/9/93 Auto SV 93-37 20505 U.S. 19 Burdines 1851185 s q. ft./Denied 1/24/94 SV 93-106 704 Court St. Workbench 7.9 s . ft./A roved 3/21/94 SV 93-39 20505 U.S. 19 Dillard's 21.26 s q. ft./Approved 4119194 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 6/16194 U.S. 19 Ford SV 94-26 110 Island Way Island 8.8 sq. ft./Approved 8/4194 Estates Realty SV 94-35 2907 S.R. 590 Johnny's 8 sq. ft./Approved 11 /3194 Italian Restaurant SV 95-14 675 S. Gulfview Continental 10 sq. ft./Approved 3/16195 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 SV 95-32 1801 Sunset Pt. Majik 28.4 sq. ft./Denied 7120/95 Rd. Market 16 s g. ft./Approved SV 93-68 25749 U.S. 19 Savings of 37 sq. ft./Approved 8/3/95 America SV 95-31 387-1/2 Mandalay Wedgwood 11.5 sq. ft./Approved 8/17/95 Ave. House Estate Jewelers VARIANCE WORKSHEET - CASE NUMBER SV 95-39 STANDARDS FOR VAR IAINIGE APPROVAL STAFF WIIIDUMQS 11) There ¦rs special circumstances related to the particular The previous tenant in this occupancy was the Philippine physical surroundings, shape or topographical conditions Bazaar, On March 3, 1883, City Inspootors surveyed the applicable to the land or buildings, and such circumstances signs for the Philippine Bazaar and found they were In are peculiar to such lend or buildings and do not apply compliance with the code. Subsequently, the tenant and the generally to the land at buildings in the applicable zoning signs changed. 'This space Is now occupied by noya) Pools. district. Signs for Royal Pools were placed without permits and do not conform to code. The total sign area Is 170.8 square fact, which Is 86.0 square foot larger than The 76 square feet allowed. The ratio of sign area fin square feet) to storefront width N foot) Is 3.41. which Is 1.81 greater than the 1.6 ratio allowed, The applicant contends that the variances are warranted because the store Is located in the corner of this shopping center. Staff does not concur that this la a special circumstance warranting larger signs then the code allows, If, In order to make this location profitable for this applicant, larger signs are necessary, that should have bean considered by the appliaant when selecting a location to establish this business. It Is staff's position there are no special circumstances applicable to this property to support approval of those variances. The requested area and ratio variances are substantanilal deviations from the code. The 170.0 square fact of sign area Is a 127% deviation from the code. The 3.41 ratio of sign area to storefront width Is also a 127% deviation from the coda. These are not minimum variances. Other businesses In this zone have signs that comply with the code, Including similarly situated businesses. The signs for this business should comply too. 12) The strict application of the provisions of the code would Other businesses In this zone have signs that comply with the deprive the applicant of the reasonable use of the land or code, including similarly situated businesses. Signs placed In buildings, conformance with code would serve to Identify the existence of this business. Just as conforming signs serve to Identify other businesses. (3) The variance Is not based exclusively upon the desire for Absent any special circumstances that set this property apart economic or other material gain by the applicant or owner. from other properties, the variance requests do not appear to meet this condition. 14) The granting of the variance will be In harmony with the The sign regulations were adopted with the Intent of general purpose and Intent of the land development code and enhancing the visual quality of the City's streets and comprehensive plan and will not be materially Injurious to landscape In order to protect the value of properties and the surrounding properties or otherwise detrimental to the public well-being of the local tourist oriented economy. The welfare. granting of these variances appears to be In violation of this Intent. CENTRAL PERMITTING DEPARTMENT 10 S. MISSOURI AVENUE CLEARWATER, EL 34616 SIGN VARIANCE APPLICATION svu g5.3y PROPERTY OWNER(S) NAME & ADDRESS: o e 5k l b -E 121'1 ' I S f %S ! 1 TELEPHONE: U913 ) .M3-46199 ADDRESS OF SUBJECT PROPS NAME OF BUSINESS (IF APPLI REEPnP}RESENTALTIVlEIS) (if any) NAME & ADDRESS: ?Jrl ?" 1 SO ? I1?Y 1`?. Y!'DI'1 ?l•?r0 I• GlLr?- S V} G -20-7 UPI f V-e t-24 TELEPHONE: i V3) - `lc/3 _ (,.?7,-/ ZONING DISTRICT: C211 LAND USE CLASSIFICATION: C?' cr LAND AREA:---3-3) nC91- 5 LEGAL DESCRIPTION OF SUBJECT PROPERTY: 'SSG 0E5 PARCEL NUMBER: 05 1 Q9 1 Ito 1 CE)2(?Q I ra ? 1 __ C?-^O (This Information is available from your tax receipt or contact Pinellas Co. Property Appraiser's Office at 464-3207. If more than one parcel number, attach 8% x 11 Inch sheet) DESCRIBE SURROUNDING USES OF PROPERTY: North: M D 6(LE ! I C? M E PARK South: C0 tj y l PIj CF S 1(: rlp l=ast: 11 ?=1C` i? N'T West: 7n k? VARIANCE(S) REQUEST: A yaric,oC e, Q 955,(,- S(a P-r TO PFC-m l E P 1-01P L- OF )-r; , r.I•- c4- -jq -HCAv klkrl Sinnr,rke. c) T bu Id l n r t rt 1I•? { r? ' !?1 I I o?,? .. ti '!ter r=si ir, -?1-? f??%? ???i ;•h r",?' f?,i ?i ? C.? 11? [5 [?1?r ? ? ??t -?...- 3 '1 CONTINUED ON REVERSE SIDE STANDARDS FOR APPROVAL: A variance shall not be granted by the City Commission unless the application and evidence presented clearly support the following conclusions: 71 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 beCall5e _ /"J 0 GO r rt??r 0 -lam 0102-Cir 1 ? I I7Yr? Li Q/??? ! UZ 1 h c4 vC. Q r r.l rY1-Q_ /] /1G U.C /70 d/ 2) The strict application 3>1 the provisions of the code would deprive the applicant of the reasonable use of the land or buildings because M ,in rs?i r-J C'r P P1 .P V V'?) c 4 ?1-e ?-{L P_ 6 u? Irr P r S. 1'V r nelow s _S'noufd ,..,.aaf- ., t? f ,_..z,7cluat er/ w1 ?h r"c?o t` _f` Zf5 '1 roc at VGA IS 62L 6!?? -e-r 31 The variance is not based exclusively upon a desire for economic or other material gain by the applicant or owner h e rnut a 7-14q r, /_T6 /' r, r''o rl n 'n ?rP P l7 /11-17 . Y11-P_ ? ?c -c-dflv, r7 r' r. L, A i r (/ 'L0 f,l P_G ar W ,4 0,1d /J r, 4) v r? THIS SUBMISSION GIVES AN APPLICANT THE OPPORTUNITY TO REQUEST THE VARIANCE AND APPEAR BEFORE THE CITY COMMISSION AT A PUBLIC HEARING. FEES PAID ARE NON-REFUNDABLE REGARDLESS OF BOARD ACTION. BY SIGNING THIS DOCUMENT I AM ACKNOWLEDGING THAT ALL FEES PAID DO NOT GUARANTEE APPROVAL OF THIS APPLICATION. r SIGNATURE OF PROPERTY OWNER IOR REPRESENTATIVE): li»ol • position ¦nd nam6 0 company If ¦ppliamblal c Sworn to and subscribed before rrle this day of A.D., 19 by , who is personally known to me a lo? has produced t? L -? - -d < FZas identification. STATE OF FLORIDA, COUNTY OF U?iC Commission No. Notary Public BARBARA F, F.IGF.NMANN (Name of Notary typed, printed or stamped) [La 0 U Z, My Comm. Expi(eslDoc.R 10, r 998 No. CC 417825 &mded T111u 01llrlnl Volarg $rroirr 1-(800)723-0121 NOTE: PROPERTY OWNER OR REPRESENTATIVE MUST ATTEND HEARING. 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 otherw' a detrimental to the public w are because L G C'Ltu i r I" ! el .. 4-Lt S r, t2 '(42 cJ/snp (7 /h e* /.-•P rf? ,lP.>r .? r C U4°.r7 i . ? ? ? ? ? tNTERPRISES SEMINOL7~ SHOPPING CENTER LARGO, FLORIDA HARBOR SQUARE SHOPPING CENTER CLEARVJATER. FLORIDA BEL FOREST CENTER BELLEAIR BLUFFS, FLORIDA TO WHOM IT MAY CONCERN June 16, 1995 Please accept this letter as our authorization to allow Royal Pools and/or its representative(s), at Harbor Square Shopping Center, to apply for the necessary variance from the appropriate authorities for his window sign. If you have any questions, please call us at 1-800454-4026. Yours truly, VICTORUI CROUCH .', f % j My -43 s BonoeC Sft Hnury Puft Notary Pub1 i c 1095' I SEMINOLE SHOPPING CENTER 10603-117TH DR. N. • LARGO. FLORIDA 34643 LISA PHONE 18131 393.9699 FAX (B 13)397.4'7'75 I91 is M. Robert stee Rolf Robert Trust Sworn and subscribed before me this day o I' TO WHOM IT MAY CONCERN: rlease accept 4hia letter as your authorization to accept application for a sign variance from Linn Uniformb of Clearwater, Inc. and/or their repreaentatives, This sign varlances is for the sign above' their store: located at 24103 U.S. 19 North in Clearwater, Enclonad lot yuur convenience, is a copy of the deed showing ownership of the property where the above store ies located. If you need any further intormaCion, please don't hositate to call. Yours tt ¦ ataer if 3iObRlt Trust a ?WV 0CMINOLC SHOO-MNG CENTER 10003 • 1 17TH OR. N. . LA"UU, FLORIDA 34543 USA PHOI, E W 3138a•0ee 9 FA>< 1e 1 31.197.4770 t, Grantee Tax IA Tax Faroel # PRr ARED !3Y AN13 RETURH TO: KEN"ZTH A. DAYTON, ESQ. DUOG DAYTON I, REESLRe P.A. 611 DRUID RD SUITE 611 CLEARWATER, FL 74616 THIS INDENTURE, made this 14th day of August, 1992, between GLORIA M. ROBERT, as Trustee under Trust Agreement dated June 20, 1986, known as the ROLL ROBERT TRUST, an amendied, Grantor, and GLORIA M. ROBERT, as Trustee of the Marital Trust established under the Rolf Robert Trust Agreement dated June 20, 1488, known as the ROLr ROBERT TRUST, ao amended, together with those powers not forth in Exhibit "8" attached hereto and made a part hereof, whose post oftioe address is IG603 117th Drive N., L4rgo, Florida 34643, of the County of Pinellas and State of Florida, Grantee*r WITtNOSETH, that Grantor, for and in consideration of TEN AND No/100 ($10.00) DOLLARS, and other good and valuable consideration, in hand paid by the said Grantee, receipt whereof in hereby naknowle:dged, ham ramieejd, released, and quitclaimed unto the said OranII;ac and Oranteela successors and assigns forever all the right, title, interest, Claim, and demand which the said Grantor has in the following described Taal estate in the County of Pinollan and State; of Florida, to-wit; y sr. Exhibit "A" artachad hereto and mace a part hereof for iegai description or the property conveyed by this deed. TO HAVL AND TO HOLD the eaMOe together with all AnA legal descrIpt:ion or the property convoyed by this deed. ~ TO MAVZ AND TO 31OLD the name, together with all and singular the appurtrnancas tharsunto belonging or in anywise ~ appertaining, and all the estate, right, title, interest and claim whatsoever or the said Grantor, either in law or equity, to the only proper use, benefit and behoot or the said Grantee. -Grantor" and "orentean at:o used for singular or plural# am context requires. In WITNBBS WHSgzor, the said orantor has hereunto met his hand and Pahl the day and year first above written, signed, sealed and delivered in the presence of: tn ?dz -,.-) ?- \M 8 , a¦ Trustee *ROBT Agra smant dated June known an the ROLF ST, as amended C0L4-, Rd L4 BTpT$ Or rLORIDx COUNTY Or PItiELLhB I untay MTIM that on this day before no, an officals duly qualified to take acknawledgments, personally appeared Gloria M. Robert, as Trustee under Trust Agreement dated dune 20, 1988 known as the Aolf Robert Trust, as amended , to the personally known to ba the person described in and who executed the foregoing instrument and acknowledged before me that she executed the name, and did not take an oath. WXTNZSS my ha d and officials a1 in the count and state last aforesaid this day of , Notary Pu c My commission oxpirent" AtrfOti Ilya JO-11L 3 MAY-19-1993 11:44 P. MI I 0V£0 99E £T8 T 6£:ST £6GT-87-AVW i.'. , i ?'i ?: 1?• +',,` i,, ,1.•.,!'• t?}',5+.;i1A ?:.?•? •tr. li,? ?' , .. '1 ,' 'i :, :. •1 '' ':• ,15;•,.•r 1Z: :.t ..??: .•I Y: r,. r. .i`r'«i.• r ,., '1, , ry 11:••!u• r ,•, 1 , ''' rYr' I • • , •1'I''f. •.' • ' ' ",•,+• ,,,y ?? i :'h1: '. .• .:r , ,?,? ,' r'+ ' , .'•. rr, 44 • t r + ''• f'F•' • r,/. t 4' .1" , •'•t ~r1`. •I111'.?{•f* ? ; ,_ ', ITF • 1• , :•• ,? . Ito' . •• 'I ! 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'?? ti.l • • . t rye V% IL f?,•'','Id?•b'+,'/:'r r.I /•I• •j' ?'.7, ' ' .r' +••?•?l. ''''?••" ''3 ?? '-t•'{ toy 1 SOo ® W0M 11ONVY3 olleo h9Z CT Q 1= 19:9T IM/91 /GA t ? M V7 r 0 f ? t Z S r ? r ?. yi??rl l?F y 1'•??,. o \.f7 Pj L y 1 I i I i ri I I i i I ' COOZ [ cy- s J N ? A ? [ y' 1 i O t ?? . e O v ?? a C1, 00 "~y E 1 SIGN VARIANCE REQUEST NAME: ROBERT ENTERPRISES ROYAL POOLTS_f FRONTIL=RO SV # 95-39 PUBLIC HEARING DATE : SEPTEMBER 21 1995 ATLAS PAGE: 255A SEC: 05 T1VIP: 29 S RGE: 116 E CLEARWATER CITY COMMISSION i b? sbns I i 1 s CAI r t 1 y r J 1 a. ?.r,of r r ' c 77- w 4? I" Q M ' I y4 . ^? 41 r[N??c " • u I 'ft? 'r' 'Or r74C13 r' .ow 'ar r)wt]e - ?••? 'or r).C77• %. 'm r3.o?7• ?. 1 g e6. r . 1 ? • ? 1 'Nw s7Ynrt. _. r ¢ aS 1 1 ~ S "TIN I ? 'oY ).7Ir f ? i t O I a i 1 N }nv WOKIW4 -)A• -L orrtrp?. e NV Owe. "0.4 0,01 r)» 47 r f \.-.- '3aw 7)M-- %- ./? 3•.rt 41))• )wf wu30 .i •y,r Lt'UigO ? ? ? ? -y.v h•rou?n 'y?r ? .rl)ti7 r M f{J? Q 1 •N.-.?.-- 7v w.. z ' 0 1 ? 1 n Q 1? C 1 Q W E 7tw Av"O-m r ctr? 1 g ?? i G S . Item # Clearwater City Commission Meeting Onto: . _ ?. l Agenda Cover Memorandum C, SUBJECT: Petition for Annexation, Future Land Use Plan Amendment, and Zoning Atlas Amendment for 1304 Parkwood Street; Owner: Mary J. Koger (A 95-20 & LUP 95-23) RECOMMENDATION/MOTION: Approve the Petition for Annexation, Future Land Use Plan Amendment to Residential Low, and Zoning Atlas Amendment to Single-Family Residential "Eight" for Lot 11, Block A, Pine Ridge Subdivision and pass Ordinances No. 5895-95, 5896-95, and 5897-95 on first reading. and that the appropriate officials be authorized to execute same. SUMMARY OF THE REQUEST: PROPOSED ZONING AND FUTURE LAND USE PROPOSED ZONING DISTRICT Single-Family Residential "Eight" (RS-8) PROPOSED FUTURE LAND USE CLASSIFICATION Residential Low REASON FOR REQUEST ® Sewer Service ? Sanitation Service D Other: ASSESSED VALUE OF SUBJECT PROPERTY $ 37,400.00 Reviewed by: Originating Dept: Costs: -S N/A Commission Action: Legal NIA CENTRAL PERMITTING Total ? Approved Budget N/A p Approved w/conditions hasi Pu N/A S rc ng D D i d Risk Mgmt. N/A User Dept: Current FiscoL Yr. en e CIS N/A__ _ 0 Continued to; - ACM Funding Source; other N/A ? Capital Imp. Advertised: ? operating Attachments: Date: 8/15/95 8 8/24/95 ? other ORDINANCES No. 5895-95, 5896- Paper: TAMPA TRIBUNE 95 8 5897-95 ? N t R d i LOCATION MAP o equ re submitted by: Affected Parties AWropriation Code: ? bone ® Notified 0 Not Required City an er 0 Printed on recycled paper Y" Sp A 95-20 & LUP 95-23 Page 2 EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND SURROUNDING PROPERTIES LOCATION IN CITY OR COUNTY FUTURE LAND USE PLAN CATEGORY ZONING ACTUAL USE Subject Property County Residential Low R-3 single family residential North City Residential Urban RS-8 single family residential South County Residential Low R-3 single family residential East County Residential Low R-3 single family residential West City Residential Low RS-8 single family residential ZONING RESTRICTIONS - EXISTING DESCRIPTION REQUIREMENTS tUii'tIVTS'>. Density 5.5 u. .a. 5.6 u. .a. maximum iatjmurr`r Lot Area 7,000 sq. ft. >5aL?s''FCs<-<: 7,772 sq. ft. m.o.l minimum Lot Width at 70 ft. minimum 60"ff* rYii+ jmur 67 ft. setback line :a< Depth 85 ft. minimum 116 ft. average The Planning and Zoning Board held a public hearing on this application on August 29, 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 "Eight" (RS-8) to the City Commission. OTHER REQUIRED REVIEWS AGENCY YES NO Pinellas Planning Council/Countywide Planning Authority X Florida Department of Community Affairs X BBREVIA I N : R-3 Single-Family Residential (County) RS-6 Single-Family Residential "Six" (City) RS-8 Single-Family Residential "Eight" (Cityl u.p.a. Residential units per acre City commission City of Clearwater P.O. Box 4740 Clearwater, Florida Commissioners% PETITION FOR ANNEXATION JUL Z 8 1995 I CENTRAL PpArv,l, CITYOFCL64--, ;.y' tlt we, the undersigned, being all owners of the described real property, contiguous to the present boundaries of the City of Clearwater, and situated in an unincorporated area of Pinellas county, Florida, do hereby request that said property be annexed into the corporate limits of the City of Clearwater, Florida.' We hereby further request that said property be zoned and classified under the Zoning Ordinance of the City of Clearwater, as net forth on the following page. Attached hereto is a current survey of the described property, (if it is unplatted), together with a certificate of title from a title company, a copy of the deed or a letter from a licensed attorney setting forth the names of all persons, firms or corporations owning any interest in'the described property, The undersigned have been advised of, understand and in consideration of annexation, utility services, and other good and valuable consideration, do hereby agree and covenant as follows: 1. all structures and improvements which are erected upon said property subsequent to the date of this petition for annexation shall comply with all applicable City of Clearwater regulations and ordinances as set forth in the City Code of ordinances; 2. to convey such recreation land, recreation facilities and open space land dedication and/or fees in the amount and manner prescribed by Division 2 and 3, Chapter 116, Article IV of the Clearwater code of Ordinances; and 3. when any substandard abutting street or utilities are subsequently upgraded by the city to meet City standards, said improvement will be done on an assessment basis, consistent with city procedures therefore. We, the undersigned hereby certify that we have read and examined all of the statements and allegation in the foregoing Petition including attachments and after being duly sworn, deposed and say that such statements are correct, complete and true and voluntarily made with full. Ynowleclge thereof. ST'A'TE OF rLORIDA ) COUNTY of PINELLAS ) Subscribed and sworn to before me this 167 day of 199. . My commission Expires: y CIMUL MRiS C <.? /jr -^- UY Comm Exp. 4/25/56 +o to ry +rouur ru.uc o Bonded oy Service ins cr No. CC367343 )(r--,,r." IIMPLa ORDINANCE NO. 5895.95 AN ORDINANCE OF THE CITY OF CLEARWATER7. FLORIDA. ANNEXING CERTAIN REAL PROPERTY LOCATED EAST OF BETTY LANE AND SOUTH OF FAIRMONT STREET. CONSISTING OF LOT 11, BLOCK A, PINE RIDGE SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1304 PARKWOOD 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 property into the City pursuant to Section 171.044. Florida Statutes. and the City has complied with a l l applicable requirements of F1 on da l.aw 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 11. Block A. Pine Ridge Subdivision according to the map or plat thereof as recorded in Plat Book 28. Page 98. of the public records of Pinellas County, Florida. (A95-20) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater. Comprehensive Plan. The City Colrini'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. with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND-AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency; Pamela K. Akin City Attorney ita Garvey Mayor-Commissioner Attest: Cynthia . Gou eaLl City Clergy: 3 r ORDINANCE-NO. 5896.95 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 AND SOUTH OF FAIRMONT STREET, CONSISTING OF LOT 11, BLOCK A, PINE RIDGE SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1304 PARKWOOD STREET. 'AS RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE. WHEREAS. the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan: now, therefore, BE IT ORDAINED BY THE CITY 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 Land Use Cateaprv Lot 11. Block A. Pine Ridge Residential Low Subdivision, according•to the map or plat thereof as recorded in Plat Book 28. Page 98, of public records Pinellas County. FL. (LUP95-23) Section 2. This ordinance shall take effect immediately upon adoption. contingent upon and subject to the adoption of Ordinance No..5895-95.. - - PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: Pamela K. Akin City Attorney Rita Garvey Mayor-Commissioner Attest: Cynthia c?ou eau City Clerk a l • s ORDINANCE NQ._ 589Z2-5 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED EAST OF BETTY LANE AND SOUTH OF FAIRMONT STREET, CONSISTING.OF LOT 11, BLOCK A, PINE RIDGE SUBDIVISION, 'WHOSE POST OFFICE ADDRESS IS 1304 PARKWOOD 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: Pry Lot 11. Block A. Pine Ridge Subdivision, according to the map or plat thereof as recorded in Plat Book 28. Page 98, of the public records of Pinellas County, FL. (A95.20) Zonino District RS-8 - Single-Family Residential 8 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. 5895.95. PASSED ON FIRST READING PASSED ON SECOND AND FINAL, - READING AND ADOPTED Approved as to form and legal sufficiency: ame a K. Ain City Attorney Rita Garvey Mayor-Commissioner Attest: i Cynthia ou eau City Clerk ?s teS6 Cl s . t N • $_4 Q? r6s4 5 ~ 8 7 6 3 o ?..1 10 13 1 16 tars mlm 4 h w r , 7 ... ? HT tars tih? .n ? aurl ?.r• y 10, 11F 12w 13 R i8 rear t! t? n s F-rT h •n h w ?'1 n ? n ry h n M 1 .. 2 3 .. 4 5 6 7 ... 16 15 14 13 ?12 11 10 ro N 't'' ti 6 ` J h l SiREE7 ? V1 ? ? - o . ry n t? n 'lo hl lal 1 2 3? { 5 6 ?7 1 16 15 14 13 8 12 • C 1Q b b N h 4 4 4i ?• STREET q 1 2 3 4 6 7 16 15 14 12 C 11 10 O a STREET r r ? h h Z b t 'O W h 1 2 4 D 6 7 ?I 16 14 13 12 10 ? ? h h ? n y ti ti h STREET ? 1 i 2 t 3 b 'n a 5 la _ 6 b 7 PROPOSED ANNEXA-TION LAND USE PLAN CLASSIFICATION and ZONING vwNE-R MARY . S. KoGER f it-2 APPLICANT PRORERTY DESCRIPTION 'LAND USE PLAN ZONING PIKIE RtdcrE Su a.! r << 0UHTY p1Dpt.,IT'IAL R-3 $t-- K• A 1 LoT 1 E ._. o V%/ 0.1 A C R 1: 5 .. CITY RE_ E-+ t) ?.r,1-CIAL RSS R1G11T oF. vrAY LOW ACRES r PLANNING, end ZON1J10 BOARD CI-T'! COMIAISS10H SECTION ?Q TOWNSHIP 2 1 S' RANGE E ATLAS PAOE 'I 1 p. b7-sb 1 1 1 1 I R{ 1 i / dS , t'7 O f r , 1 r I 1 I I , y . 1. W -??... w- - n?nr .._? ?S^-? . or 7,.77?'}"? If ? l! ! ]lv .r7alia/- ?... •Nr.. prri.V......_... -- -_- N. -.I_ oHrwa.l %cl y1• rWuk ICJ" Sole LL ?a+ ^ 1 3-1 •r 1 n ! IV V'SorvC r 0 7 s f K p n,F?F?? rte.. ' ?ri•? ^+SUMn ? fir` ? ?• ? a a ' ` 1 yam.. - d is Q I -N4 1 S? taw m / t f y\ ? ,? © ),f AYT•oMn ? rIr 1 Avr ?? r ? (' I ,? f 'tb 1 a 1 ti 1 ? r ? ? .. pYC-ixrJf -I t ^ WII ?r- X ?y, ? ? f[ Y [ ? 11 W RA ! / <1% 16 4 'tlY r7?071• 'fM ••/ dr rna y7•--^? -+-??? -...ry ? `••Ur r7?01}a OV--a?7Slf ? 1 S S ?• 1 k f ? s .5 AG,EN'DA' ITEfw Item # ^ Meeting Date- Clearwater Clearwater City Commission Agenda Cover Memorandum rrr .rrr?i m..?rn i ? n urn - - - - i n.wr-mr.rr.awr? SUBJECT: Petition for Annexation, Future Land Use Plan Amendment, and Zoning Atlas Amendment for 1939 Sunset Point Road; Owners. Linda J. Pappas & Daniel R. Silvie to 95-21 & LUP 95-24) RECOMMENDATION/MOTION: Approve the Petition for Annexation, Future Land Use Plan Amendment to Residential Medium, and Zoning Atlas Amendment to Multiple-Family Residential "Sixteen" for SW 1/4, North 175 ft. of West 120 ft. of Lot 3, Pinellas Groves Subdivision and pass Ordinances No. 5898-95, 5899-95, and 5900-95 on first reading. ? and that the appropriate officials be authorized to execute some. SUMMARY OF THE REQUEST: PROPOSED ZONING AND FUTURE LAND USE PROPOSED ZONING DISTRICT Multiple-Family Residential "Sixteen" (RM-16) PROPOSED FUTURE LAND USE CLASSIFICATION Residential Medium ----------------- REASON FOR REQUEST ® Sewer Service ? Sanitation Service ? Other: ASSESSED VALUE OF SUBJECT PROPERTY $ 68,700.00 :-:71 Reviewed by: Originating Dept: Costs: S _N/A Cowmission Action: Legal MIA CENTRAL PERMITTING Total ? Approved Budget N/A 5 5 proved w/conditions 13 A NIA Purchasin - 5 p g Risk Mgmt. N/A User Dept: Current Fiscal Yr. 13 Denied Cis N/A ? continued to: ACM Funding Source: other N/A ? Capital imp. Advertised: ? Operating Attachments: Date: 8/15/95 8 8/24/95 ? other ORDINANCES No. 5898-95, 5899- Paper: TAMPA TRIBUNE 5900-95 95 & 13 N d R i LOCATION ot re equ Submitted by: Affected Parties Appropriation Code: G None ? ® Notified city ? Not Required 0 Printed on recycled paper EXISTING ZONING AND FUTURE LAND USE OF AND SURROUNDING PROPERTIES A 95-21 & LUP 95-24 Page 2 APPLICANT'S IN CITY LOCATION OR FUTURE LAND USE ZONING ACTUAL USE COUNTY PLAN CATEGORY Subject County Residential Medium A-E single family residential Property North City Residential Urban RS-8 single family residential South County Residential Medium R-3 single family residential East County General Commercial C-2 retail commercial services West City Residential/Office OL office buildings General ZONING RESTRICTIONS RS-6 »$j EXISTING DESCRIPTION REQUIREMENTS t11#lCt1fNT' Density 5.5 u.p.a. :7:.. pay.<. 2.9 u. .a. P maximum .. ;' is Cmurt >~' '' N Lot Area 7,000 sq. ft. #'<... 15,000 sq. ft. m.o.l minimum Lot Width at 70 ft. minimum <54<ft<;:rriirt1u 120 ft. setback line Depth 85 ft. minimum 8.p<J .miri.Eu4'Ct;:S:<. 125 ft. average The Planning and Zoning Board held a public hearing on this application on August 29, 1995, after which they unanimously endorsed the proposed Annexation, Future Land Use Plan Amendment to Residential Medium, and Zoning Atlas Amendment to Multiple-Family Residential "Sixteen" (RM-16) to the City Commission. OTHER REQUIRED REVIEWS AGENCY YES NO Pinellas Planning Council/Countywide Planning Authority X Florida Department of Community Affairs X ABBREVIATIONS: A-E RS-8 R-3 C-2 01, u.p.a. Agricultural Estate Residential (County) Single-Family Residential "Eight" (City) Single-Family Residential (County) General Retail Commercial & Limited Services (County) Limited Office (City) Residential units per acre PETITION FOR ANNEXATION City commission city of Clearwater P.O. Dox 4749 Clearwater, Florida Commissioners: f JUL 2 S 1995 CCNT11AL Pr=nhjq rjnrr3 CITY p I?A??Vnti=rz We. the undersigned, being all owners of thu described real property, contiguous to the present boundaries of the city or Clearwater, and situated in an unincorporated area of Pinellas county, Florida, do hereby request that said property be annexed into the corporate limits of, the city of Clearwater, Florida. we hereby further request that said property be xone4d and classified under the 7oning Ordinance of the City of Clearwater, efl set forth on the following page. Attached hereto is a current survey of the described property, (if it is unplatted), together with a certificate of title from a title company, a copy of the deed or a letter from a licensed attorney setting forth the names of all persons, firms or corporntions owning any interest in the described property. The undersigned have been advised of, understand and in consideration of annexation, utility services, and other good and valuable consideration, do hereby agree and covenant as follows: 1. all structures and improvements which are erected upon said property subsequent to the date of this.petition for annexation shall comply with all applicable city of Clearwater regulations and ordinances as set forth in the City Code of ordinances, 2. to convey such recreation land, recreation facilities and open space land dedication and/or fees in the amount and manner prescribed by Division 2 and 3, Chapter 116, Article IV of the Clearwater Code of ordinances; and 3. when any substandard abutting street or utilities are subsequently upgraded by the City to meet City Standards, said improvement will be done on an assessment basis, consistent with City procedures therefore. We, the undersigned hereby certify that we have read and examined all of the statements and allegations in the foregoing Petition including attachments and after being duly sworn, deposed and say that such statements are correct, complete and true and voluntarily made with full knowledge thereof. STATE OF FLORIDA ) ? { CL A 1.120 71-+ r%1 CIL-ll (iok, 17 11111&7 11 W, 3 (PH AS COUNTY OF 1'It1ELLAS ) 11. I.ti..l1 16 fit -)SL) e,v?' ?7. 5 f 5'l, f. t t t1F?. G' ..'ZL V+L- Subscribed Arid sworn to before me this Miy day of ?11L21 , 199 r,. My Commission Expires: l ]] t `l .U5Ki ?rl ad. v -a y 20 o?.?avq ii? ••w? ORDINANCE NO. 5898-95 - AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED WEST OF NORTH HERCULES AVENUE, CONSISTING OF THE SW 1/4, NORTH 175 FT. OF WEST 120 FT. OF LOT 3. PINELLAS GROVES SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1939 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. 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: SW 1/4, North 175 ft. of West 120 ft. of Lot 3, Pinellas Groves Subdivision, according to the map or plat thereof as recorded in Plat Book 3, Page 15, of the public records of Pinellas County. FL. (A95.21) 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 dedi cati ons to the publ i c whi ch have heretofore been made by pl at, , 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, with the Clerk of the Circuit Court and with the County Administrator of Pi--nel l as 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 Approved as to form and legal sufficiency: Pamela K. Ain City Attorney Rita. arvey Mayor-Commissioner Attest: Cynthia ou eau City Clerk - ORDINANCE NO. 5899-95 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 READ PROPERTY LOCATED WEST OF NORTH HERCULES AVENUE, CONSISTING OF THE SW 1/4, NORTH 175 FT. OF WEST 120 FT. OF LOT 3, PINELLAS GROVES SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1939 SUNSET'POINT ROAD. AS RESIDENTIAL MEDIUM: PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of-the comprehensive plan of -the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY 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 Land Use Category SW 1/4. North 175 ft. of West Residential Medium 120 ft. of Lot 3, Pinellas Groves Subdivision, according to the map or plat thereof as recorded in- Plat Book 3, Page 15, o ' f the public records of Pinellas County, FL. (LUP 95-24) Section 2. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 5898-95. PASSED ON FIRST-READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to farm and legal sufficiency: Pamela K. Ain City Attorney Rita Garvey Mayor-Commissioner Attest: Cynthia ou eau City Cleric ' 1° ?E ORDINANCE NO. 5900-95 AN ORDINANCE OF- THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED WEST OF NORTH HERCULES AVENUE.. CONSISTING OF THE SW 1/4, NORTH 175 FT. OF WEST 120 FT, OF LOT 3, PINELLAS GROVES SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1939 SUNSET-POINT, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS MULTI-FAMILY RESIDENTIAL 16 (RM-16): 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 SW 1/4, North 175 ft. of West . 120 ft, of Lot 3, Pinellas Groves Subdivision, according to the map or plat thereof as recorded in Plat Book 3. Page 15, of the public records of Pinellas County, FL. (A95.21) Zoni ng Di stri ct RM-16 - Multi-Family Residential 16 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. 5898-95, PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: Pamela K. Akin City Attorney Rita Garvey Mayor-Commissioner Attest: Cynthia ou eau City Clerk f IN ;¦ r PROPOSED ANNEXATION LAND USE PLAN CLASSIFICATION and.Z0NING 4 H E n L0,1DA 'S. - PAPPA, S PLIC ANT p?N f- L R.. S I LV I E "'LAND USE PLAN ZONING, RESIDE.jT 1AL_ A- E UHTY tALt> I U M -A 9.s- 2.1 PROPERTY RESCIIIFITIOW PINELLAS GA,0v5-7S, 5W '/y., NOPTN 05 ?k. oar WEST 12-0 F+. ? LOT 3ti LESS NoPTK 50 Fi. 0.34 AcnES ttIG11T 0F. W4,Y :IT.Y RES1DE.tiT ,Q 1 .?cr?es M ED 1 u M CJ?D/6"`S?aJ -ILAIMING and Z0MWO nOkno ? c1'rY COMM1,S10H _. ^ SECT10H i 7OW1151llr Z 9 S nA?40E I S E ATLAS PAGE Z Co z A 1 EXHIBIT A 74 ?, ? ) -e --r6 -P-4 S Item # Clearwater City Commission Meeting Date: Agenda Cover Memorandum SUBJECT: Petition for Annexation, Future Land Use Plan Amendment, and Zoning Atlas Amendment for 1850 McMullen Booth Road; Owner: Countryside Christian Center (A 95-22 & LUP 95-26) RECOMMENDATION/MOTION: Approve the Petition for Annexation, Future Land Use Plan Amendment to Institutional, and Zoning Atlas Amendment to Public/Semi-Public for M & B 32/05 and pass Ordinances No. 5903-95, 5904-95, and 5905-95 on first reading. ? and that the appropriate officials be authorized to execute same. SUMMARY OF THE REQUEST: PROPOSED ZONING AND FUTURE LAND USE PROPOSED ZONING DISTRICT Public/Semi-Public PROPOSED FUTURE LAND USE CLASSIFICATION Institutional REASON FOR REQUEST ® Sewer Service . ? Sanitation Service C Other: ASSESSED VALUE OF SUBJECT PROPERTY $ 3, 973, 500.00 (reviewed by: Originating Dept: Costs: S N/A Coauission Action: Legal WLA CENTRAL PERMITTING Total ? Approved Budget N/A ?.) S ? Approved w/conditions N/A Pu hasin g rc i d 13 D Risk Mgmt. NIA User Dept: Current Fiscal Yr. e en CIS ? Continued to: ACM Funding source: Other N/A ? Capital Imp. Advertised: ? Operating Attachments: Date: 8/15/95 b 8/24/95 ? Other ORDINANCES NO. 5903.95, 5904- Paper: TAMPA TRIBUNE L 05-95 13 N t R d i OCATIO o equ re Submitted by: Affected Parties Appropriation Code: ? Nonc ?7y5r--rte ® Notified f?G?? C i t dgc r fM ? Not Required 0 Printed•on recycled paper A 95-22 & LUP 95-26 Page 2 EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND SURROUNDING PROPERTIES IN CITY LOCATION OR FUTURE LAND USE ZONING ACTUAL USE COUNTY PLAN CATEGORY Subject County Institutional RPD-5 Countryside Christian Center Property County Residential Suburban R-R Residential North City Residential Urban RS-6 Single-Family Residential South City Residential/Office RS-8 & Residential & Limited Offices Limited O L East County Scenic/Non- N/A Scenic noncommercial corridor Commercial Corridor West City Residential Urban RS-6 Single-Family Residential ZONING RESTRICTIONS 5. <.Pl.?''>: <<z:":°'::. EXISTING DESCRIPTION '[ij11175« Density :N1 N/A Lot Area :aclro'.rn n rr?urn : 759,944 sq. ft. Lot Width at .'1:p0'`4`tttn.i'Mu tri< I ,1 60 ft. setback line Depth '00`i~C`mnEtt4 1,150 ft. Floor Area -'I Clmitum NIA Ratio The Planning and Zoning Board held a public hearing on this application on August 29, 1995, after which they unanimously endorsed the proposed Annexation, Future Land Use Plan Amendment to Institutional, and Zoning Atlas Amendment to Public/Semi-Public (P/SP) to the City Commission. OTHER REQUIRED REVIEWS AGENCY YES NO Pinellas Planning Council/Countywide Planning Authority X Florida Department of Community Affairs X BB EV ATI N P/SP Public/Semi-Public (City) RS-8 Single-Family Residential "Eight" (City) RS-6 Single-Family Residential "Six" (City) RPD R-R OL u.p.a Residential Planned Development (County) Rural Residential (County) Limited Office (City) Residential units per acre ORDINANCE NO. 5903-95 AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED NORTH OF STATE ROAD 590. CONSISTING OF M & B 32/05, WHOSE POST OFFICE ADDRESS IS 1850 MCMULLEN BOOTH ROAD. 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 lines of the City are redefined accordingly: See Exhibit B attached. 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 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, with- the Clerk of the Circuit Court and with the County Administrator of Pinellas County. Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved-as to form and legal sufficiency: Rita Garvey Mayor-Commissioner Attest: Pamela K. Ain City Attorney Cynthia ou eau City Clerk ORDINAN NO 5904-95 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 NORTH OF, STATE ROAD 590, CONSISTING OF M & B 32/05, WHOSE POST OFFICE ADDRESS IS 1850 McMULLEN BOOTH ROAD, AS INSTITUTIONAL: PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the. City's comprehensive plan: now, therefore, BE IT ORDAINED BY THE CITY 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: ' Pry See Exhibit A attached. Land Use Category Institutional Section 2. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 5902-95. !! PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: Pamela K. Akin City Attorney Rita Garvey Mayor-Commissioner Attest: Cynthia ou eau City Clerk M ORDINANCE NO. 5905.95 AN ORDINANCE -OF THE CITY OF CLEARWATER, FLORIDA. AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED NORTH OF STATE ROAD 590. CONSISTING OF M & B'32/05, WHOSE POST OFFICE ADDRESS IS 1850 McMULLEN BOOTH ROAD, UPON?ANNEXATION INTO THE CITY OF CLEARWATER, AS PUBLIC SEMI-PUBLIC (P/SP): PROVIDING AN EFFECTIVE DATE. M. 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 Zonina District See Exhibit A attached. Public/Semi-Public - P/SP 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. 5903.95. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner ApprovQQd as to form and Attest: legal sufficiency: Pamela K. Akin Cynthia ou eau i City Attorney City Clerk , 6 s fM• a c I 1' o 77Lr 4.....,. a 0 s p •? i l .. T. na'.. _ 1 Qc;j ..?. •°, ?.?•. -°? +°. ° ° ' .. •:?' +i. rte:: '-':'•' ;u: •.? •,zr• :'r• .. ter} Pusuc SIR °. ST. cnoix DRIP PARR //+ 1p ??w 2E ? - ? "83 TRACT nIti n' nt n, •+I ni 0 * ??. ??•?,-'?r.?-?'_.-?i?~??•?= ?"~. l7SR ? t? ?1 ?1Q IS 1?q? , ?/'1 r I- .?:' •. .. ? •-?';?c. %•.•11.: ?'^?..7`;••?. i..,•:±?: 29A•, `?Y !] ,F{!.' L}i( R?• 70 C.LMt.ATxR 1L f. c/Sr0 Car. ?1 `?t? -•.J ?•si??: _ .?ti•:: ?? r.T! v?? /? 6 OD ? ?7??Ja 26A 2 f) ?I`r lw 14 } f.. uS_ - rv.'t=';t•?. ?..ti? r-: rf ^rl h? c 16 SAJ?A!, 3/03t 60 18?. G -?. c rrsI r 7 24 1C Ow.•CD f;-;..?yyy •?t`:i:'ts?:..•.•^'^+,'...;+? ? > >c c a aROpExrr ?:_. ?++ ?. ? .:" •J? r:.r','?.:_... O? a ? ?'` D.R 7607- ? :'.':r..:??`'(• •t-+r_.^=.??'.. .. ?! 7a /C• 7t7 ? •11 I ?"J .. .?.+.??. ?-._ .. .-•.f ... ? ... '? ^"'ti ?s:••1=:L-?ni. "•ti+.-..r???L'•... ' PROPOSED ANNEXATION LAND USE PLAN CLASSIFICATION and-ZONING - OWNER CoQQ -rR`C S lD F Ct-1RIS <<AnI APPLICA.HT C, LAID USE PLAN ZONING A q5- 12 PROPERTY DESCRIPTION rv? rz, 8 3 2 0 5 COUNTY ?NS? tYur?aNp, L. ROD 5' ld•9o „cREs C E T.Y 1 N. TIT vr; o N A L- p t S P A,cRES P"?HNIHG eno ZONIHC BOARD ? CITY COMIAISSION I _ SECTION © L4 TOWHSHIP 2q S RhINQE ItG E AT, LAS PAGE 2- 6 5 A EXHIBIT A LEGAL DESCRIPTION That part of the Southwest 1/4 of Section 4, Township 29 South, Range 16 East, Pinellas County, Florida, described as follows: r. Begin at the Southwest corner of the Northwest 1/4 of the Southwest 1/4 of said Section 4 'for a point of beginning and run thence N45°14'35"E 1219.16 feet; thence S89°47'06"E 437.22 feet to a point on the West right-of-way of McMullen Booth Road (State Road 593); thence along said West right-of-way SO°12'54"W 326.41 feet; thence N89°47'06"W 17.00 feet; thence contimie S0*12'54"W 828.75 feet along said West right-of-way of McMullen Booth Road (State Road 593); thence N89°27'25"W 492.43 feet to the East boundary of Sall'.s Lake Park 3rd Addition, as recorded in Plat Book 71, Page 21, of the public records of Pinellas County, Florida; thence N5°45'45"E 236.01 feet:along said East boundary of said Sall's Lake Park 3rd Addition; thence N89°23'30"W 813.22. feet along the North boundary of said Sall's Lake Park 3rd Addition to the West boundary of said Section 4: thence N0°19'19"E 50.20 feet along the west-boundary of Section 4.. to the point of beginning, less roadway rights - of -way of 'publ i c record.. EXHIBIT B r i f Z Z -- S b tj I r • 1 ? Off '.7 I f i E t .Y ? x ? ' cc v • 1 1 't a ? J// ar v71eu. w I •>n? srna.1» ? ??' k I d ? o rl _ o +? x 1 o? nn ? ? v ! 1 1 A 'l lr ? ? g 'SI. ? /1114 Q - ? a a ! 1 k I Yom', ?? +* ? , ? \\ r 'xvv•r-. r ? ?' ? I Zz? - I F C M J- MMLAGE ORDINANCE 13 ORDINANCE NO. 5912-95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, DECLARING THE MILLAGE RATE TO BE LEVIED FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1995, AND ENDING SEPTEMBER 30, 1996, FOR OPERATION PURPOSES INCLUDING PENSIONS AND DEBT SERVICE, AND ROAD MAINTENANCE AND IMPROVEMENTS CAPITAL EXPENDITURES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the estimated. revenues to be received by. the City for the fiscal year beginning October 1, 1995, and ending September 30, 1996, from ad valorem taxes is $20,706,020; and WHEREAS, based upon the taxable value provided by the Pinellas County Property Appraiser, 5.1158 mills are necessary to generate $20,706,020; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. It is hereby determined that a tax of 5.1158 mills against the non-exempt real and personal property within the City is necessary to raise the sums to be appropriated for operation purposes, including pensions and debt service, road and drainage capital improvement projects, for the fiscal year beginning October 1, 1995. Section 2. The levy of 5.1158 mills constitutes a 0.979&' increase from the rolled back rate. Section 3. This ordinance shall take effect October 1, 1995. PASSED ON FIRST READING 9'. 7, c7 G PASSED ON SECOND AND FINAL READING Rita Garvey, Mayor-Commissioner Attest: Cynthia FNGoudeau, City Clerk Approved as to form and correctness: Pamela K. Akin, City Attorney C? OPERATING BUDGET ORDINANCE ORDINANCE NO. 5913-95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING AN OPERATING BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1995, AND ENDING SEPTEMBER 30, 1996; AUTHORIZING THE CITY MANAGER TO ISSUE SUCH INSTRUCTIONS THAT ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE SERVICE PROGRAMS SO AUTHORIZED; AUTHORIZING THE CITY MANAGER TO TRANSFER MONEYS AND PROGRAMS AMONG THE DEPARTMENTS AND ACTIVITIES WITHIN ANY FUND AS PROVIDED BY CHAPTER 2 OF THE CLEARWATER CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has submitted an estimate of the expenditures necessary to carry on the City government for the fiscal year beginning October 1, 1995, and ending September 30, 1996; and WHEREAS, an estimate of the revenues to be receivers by the City during said period from ad valorem taxes and other sources has been submitted to the City Commission; and WHEREAS, a general summary of the operating budget, and notice of the times and places where copies of the budget message and operating budget are available for inspection by the public, was published in a newspaper of general circulation; and and WHEREAS, the City Commission has examined and carefully considered the proposed budget; WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances, the City Commission conducted a public hearing in City Hall on September 7, 1995, upon said budget and tax levy; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA; Section J. Pursuant to the City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 1995, and ending September 30, 1996, a copy of which is on file with the City Clerk, the City Commission hereby adopts a budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. The budget as adopted shall stand and be the budget of the City for said fiscal year, subject to the authority of the City Commission to amend or change the budget as provided by Section 2,519 of the Clearwater Code of Ordinances. Section 3. The City Manager is authorized and directed to issue such instructions and directives that are necessary to achieve and accomplish the service programs authorized by the adoption of this budget. t. Section . The City Manager is authorized for reasons of economy or efficiency to transfer part or all of any unencumbered appropriation balance among programs within an operating fund, provided such action does not result in the discontinuance of a program. t'on . It is the intent of the City Commission that this budget, including amendments thereto, is adopted to permit the legal appropriation and encumbering of funds for the purposes set forth in the budget. All appropriated and encumbered but unexpended funds at the end of the fiscal year may be expended during the subsequent fiscal year for the purposes for which they were appropriated and encumbered, and such expenditures shall be deemed to have been spent out of the current budget allocation. It shall not be necessary to reappropriate additional funds in the budget for the subsequent fiscal year to cover valid open encumbrances outstanding as of the end of the current fiscal year. Section 6, Should any provision of this ordinance be declared by any court to be'invalid, the same shall not affect the validity of the ordinance as a whole, or any provision thereof, other than the provision declared to be invalid. Section 7. This ordinance shall take effect October I, 1995. PASSED ON FIRST READING 7- 75 PASSED ON SECOND AND FINAL READING AS AMENDED Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Cleric Approved as to form and correctness: bt '. ' IL 41 Pamela K. Alvin, City Attorney EXHIBIT A 8-28-95 1995-96 BUDGETED REVENUE Actual Budgeted. Budgeted Revenues Revenues Revenues 1993/94 1994/95 1995/96 GENERAL FUND: Property Taxes 19,525,032 18,975,230 19,303,820 Sales Tax Revenue 3,931,027 4,170,220 4,358,260 Franchise Fees 5,518,732 5,867,320 6,144,630 Utility Taxes 11,831,565 12,096,800 12,845,080 & Permits Licensee 2,155,243 2,148,500 2,402,000 . Fines, Forfeitures and Penalties 1,525,860 1,649,000 1,508,000 Intergovernmental Revenues 6,637,708 7,320,410 7,278,090 Charges for Current Services 1,055,907 1,061,220 1,110,490 Use and Sale of City Property and Money 1,105,461 1,350,000 1,366,350 Miscellaneous Revenues •152,941 18,500 108,420 Interfund Charges/Transfers 11,989,213 8,578,780 9,311,830 Transfer from surplus 3,036,330 TOTAL GENERAL FUND 65,428,689 66,272,310 65,736,970 SPECIAL REVENUE FUNDS: Special Development 10,086,246 11,047,314 9,409,040 Special Program Fund 1,618,522 1,211,000 1,118,000 ENTERPRISE: FUNDS: Water & Sewer Fund 34,256,534 33,748,500 36,461,100 stormwater Utility Fund 3,578,151 3,529,000 4,160,630 Solid Waste Fund 12,632,174 11,989,060 12,215,450 Gas Fund 22,760,536 17,726,610 19,055,970 Recycling Fund 645,386 1,720,070 2,341,100 Marine Fund 1,721,999 1,822,750 1,855,020 Parking Fund 2,435,299 2,485,410 2,586,090 Pier 60 Fund 164,855 305,680 335,340 Harborview Center Fund 5,753 90,000 796,500 XNTE;RNAL SERVXCE FUNDS: Administrative services - 4,087,120 4,500,070 4,563,430 General Services 2,514,092 2,687,240 2,921,480 Garage Fund 6,469,504 7,273,860 8,483,980 Central Insurance Fund 8,044,B96 8,360,410 8,238,730 TOTAL ALL 'FUNDS 176,449,756 174,769,284 180,278,830 EXHIBIT A (Continued) 1995-96 BUDGETED EXPENDITURES 8-28-95 Actual Budgeted Budgeted Expenditures Expenditures Expenditures 1993/94 1994195 1995/96 GENERAL FUNDS City Commission 152,787 168,070 180,530 Administration 2,126,992 2,266,860 2,199,130 Legal 1,209,288 1,000,130 1,087,150 City Clerk 533,769 629,510 648,870 Info Mgmt/Community Outreach 179,440 451,260 505,310 Finance Department 1,173,959 1,284,310 1,353,750 Human Resources 839,767 855,270 875,800 Police 19,281,615 20,597,460 21,972,490 Fire 9,768,814 9,962,010 10,171,060 Economic Development 459,399 447,330 470,810 Central Permitting 1,497,343 1,755,600 1,854,670 Engineering Department 4,449,634 4,535,170 4,820,910 Public Works 1,490,723 1,559,410 1,637,020 Airpark 45,289 61,750 61,480 Parks and Recreation 9,206,277 9,719,010 10,161,250 Library 3,168,129 3,766,360 3,925;640 Sailing Center 82,722 110,680 122,690 Non-Departmental 3,617,346 7,102,120 3,688,410 TOTAL GENERAL FUND 59,283,293 66,272,310 65,736,970 SPECIAL REVENUE FUNDS: Special Development 12,930,527 11,047,314 9,113,160 Special Program Fund -11-639,031 1,111,000 1,0181.000 ENTERPRISE FUNDS: Water & Sewer Fund 30,674,704 32,697,360 35,439,210 Stormwater Utility Fund 2,110,661 3,529,000 4,160,630 Solid Waste Fund 11,020,899 11,804,280 12,215,450 Gas Fund 12,240,410 15,819,980 17,998,010 Recycling Fund 343,521 1,591,250 2,128,680 Marine Fund 1,561,632 1,735,450 1,805;460 Parking Fund 2,015,050 2,411,560 2,586,090 Pier 60 Fund 205,983 305,680 323,880 Harborview Center Fund 3,260 90,000 -796,500 INTERNAL SERVICE FUNDS: Administrative Services 4,210,949 4,494,310 4,553,630 General?pervicee 2,494,317 2,601,650 2,826,870 Garage Fund 4,874,016 7,242,020 7,962,750 Central Insurance Fund 9,307,915 7,599,280 7,645,200 TOTAL ALL FUNDS 154,916,168 170,352,444 176,310,690 OAT •7,.?. ? .. a .. ?,Sb AG E-N:DA ITEM 4 ^h.'"F.' .^1 .ter PAGE 02 We the undersigned residents of Clearwater do hereby petition Mayor Gamey and Council M'ember's, that the annual sum of Four Hundred Thousand tax Dollars ($400,000.00) to PACT, ino./Ruth Eokerd Hall be terminated as promptly as possible! PACT, Inu./Ruth Eckerd hall has scheduled and marketed a play „Angels in America", whioh includes full nudity, sexual situations, homosexual themes and profanity. PACT, Ino./Ruth Eokerd Hall, has failed to exercise good corporate citizenship and respect for family values, by xufu-keting this production in our community. We do not want PACT, Ina.i Ruth Eckerd Hall to receive any of our tax dollars now or in the future. PHONE: " ASo 0 5 8'fATE•?_ZIP: `? ?l? NAME: t;N) vv"t CI?D f PHONEC 1 -Il Px4-• 411 ADDRESS: -9-10t:' eL jt •?'-4 ;, - ?R-t,_ t 2AI/ d STATE: zip: - (.2 r. NAME: _CX t C- U-n b PHONE: a7 Lej 1573 L(!b ADDRESS: 3q Cap C- Q - 1-0 -6?N yL B 1 V i C I o,Lu;C- IksTATE: EL vP: 3?lLp NAME: r" ? L / PHONE: rl:? ?? 1 L5,3 .?C qv ADDUSS. 6a STATEN EiLzIP:_?_J / NAM &A I/) ?E'?J -- ....... ,. ,_ - __?... ,_, PHONE: 726 ?(.h- x !46 `7 ADDRESS:,'3a 00 C,ft -b, NAME: ??. _-?_ ... PHON?•_??.k l C? _u ?L?`? NAME: ~/L(eJt ' Yu 11 :u PxartE: 0535 KIM AnDitEss: 4 Uc ff (Xj=G u t r A L'C' Y6 0L-4' ATE. _ LL zip: J q W ?Z N tJOA(`I ZIP:S`f nl 'ATE-, NAMFr: f feet n?Et tn?-? £-l t? . _ ]2&,_ ,? ? PHONE: /' ADDRESS- ?'fob ?Y' aC-lU _Nttj 1?)?,t.'??. {6 STATE.,., Z3P:_ I ChrhMau ConUden of PineUm County - 535-6652 n1 r ADDRESS: c g?) (, - ?"i? (?rt3 f f II )... _. 09/21/1995 15:39 77777777 PAGE 01 ?e.Ie 40';? L4? Christian Coallfloc of muffla coin 1511 Hunter Lana South, Clearwater, F134624 TO: Mayor Garvey City Commissioners: Sue serf ield J.B. Johnson Bill Justice Fred Thomas FRONt Rita Peck, RE. Information/Rational Endowment For The Arta (NEA) DATE: Septamber 21, 1995 Dear Mayor Gar-fay, Counti.l HLObars, Thank you in advance for your time in reviewing this four pages of informaLlun perLuiufnU Lo k,rc% funding and they arts. . Please include this metarial in the PACT, Int./Ruth Eckerd Hell file. Sincerely, Rites-tltn , County Coordinator, r oalition of Pinellas County GIVING CHRIMANS A VOP10% U MEIR GOVERNMENT AWN ?ow) {}9/2111995 15:35 77777777 0 is in A-m---erica roylowed by Bobby Mudfium 7tlydr tired signitiw?erit rnumenu in i% a3wrt. Thc}-'ve become his- lves, feeding off their other. Vin ghts into people and culture. stcrPlacts, wtrt writtcnwith- i n t9c I tigllt}•ycars,-yet their motes are systoctymouswvith theater Eugene O'Neill, Thornton Wilder, Tennessee Williams, Attlrtlt hltller, and Neil Simon, to name a frty. The) re more iron than human. They're Pulit7cr PTIIt-winning pluywyriJthts. 1n 1993, l orry Kushner joined tM3 dire group with Part One (Millenrtrum Ap- _ p reacitsa) of.Afigeb in Ameria; a ten-hour, two-play, dr*matic portrayal of hottto- scxuaLtv,reb itn,and ilitics R ed States, Ang_ el4is -tall attracting the muses with Part Two (perwroaa) in sev- eral Arnarkan:Ities. with expert author- - ship, hstrr?nnE sprciada, end star chirtS writ. Kushner has succeeded In brl?inl; ' 4o asp uaJ themes to de- . magraphics,ilydiverse, theater audiences, Unfununatclt', with these saine inspir d just another of man's attempts to n ve. strokes, hehasaisoperuieciatscat hin ic- lypackage the world by creating herd tore of reli ton to Ainerica, and fast rules for life--rules which, Mijels' stoty revolves around Prior Kushnerbelleves, result In prriudite and Walter, an MM-Intectetl ru h peruecutiou. chanted by n ?E wtr sect! an- Angels brings theater up to spctct el t m e i - with pupulur television, music, and film claims that t Le ManitY• The angel by continuing their ettablishoi trend of .. - relentless proluski of manwhich SbIL-es m_oeking reli ,inn and reli sous Icsders. the heavens like an tunh9uske has mused Ton' Amus on liar album, Under rice Pink, God to abandun both heaven and earth. sings "God, snme6incs you just du_n't The.PdnCibgjitiet same f ilm_ftack and be- omit throe :" And a. number of this past lieve He wilt return- if only mankind rear's movies, including lnr,erO,rst, With would be sta roan That God hat de-'lithe Vampire. boldly denounce f?rxi's rx• parted!xplaim much to Pr_ior,,wwtho ai- tstence alto et er. ready suVcc r. However, this doesn't mean that suck .;nodtl5 or reli i4 Lf.it=[LS;E whisli xn thtttttsshotsldbeavoldedori?nnrrd. An- guarantee a +mnc,th a t ' gehitiAmmcnhusavetaltedr;mingqual- SuKushner, believing religion is in- Ities. First, it's excellent theater. The valid, diminishes it to a mere philojo- four-hour srgmentsareproperly paced sa p h7' Religion, iwrording to the tom, is their ouu.'ageuwkng%Ooe:trrlattvely? id ,. reeltiv 140 vI ,.,t,&trap vap PAGE< 02 t .... A tt7di:t 1 ustuter has an atmay.{ng sputust eudtig the audience from tite real to Eic i6cal wish fluid ditlogue and sharp LU1Stt`3iitngcs. Also, Michael Ward's elcc• iniiir`CCiinpnsirions push thr. play along Siivr3ei<s?v,"' proftsaionally mirroring dtangcs in tone and mood, Second, Kushner possesses the ability to capture prt:valent Ainericatt attitudes. If nothing else. Angels is a permanent record of tau political «irrectness movement that marked the transition between decades. It isalso an ac- curate reflection of the ti)rrent turmoil ca used t?t?r.?liti?j ter by the contact of reli- - ?iun. uliticx and sex, teals •?. _. _. Ftnally.rathertlvttt -brainwashing audience members. the flay SIM a glimpw of the sadneta and despair of a world without religion and the hope it provides. Kushner inav have intended to discredit spiritual belief, but his dia- lo6tte prnait?cm feelings uCpity for thrsr chatacwts instead. Fiv minutts iniu the show, one can't help wantingto reach out .tp these lost people who have been $iv. cn a heist mprruntatcon of religious bath. it's interesting to note Kushner's eque• tion of legalism with religion, which serves a5 a reminder that individuals, like the characters In Angels, teed in he sho+ ..t compassion, not judgment. >'c- There's no question that many will be oftended by the play's kLe-Sphrmaus Miusilrns and sexually explicit internc- tions. However, remaining ignorrrtt of negative cultural trends only strengthens r.:aiu,Y Kushner wort the Pulitzer ?ie?atzt 09/21/1995 15:39 77777777 PAGE 03 APPUr 1005 4 ti j?l ifltnl UonAwf! E. Wtl.llm(»,.A!'A Arn,1'fdf.'!7! Congrets To Vote On Continued NEA Teat-Funding NEA.Pfunded film is final scrawl A recently released move - entitled "Seat - is so pornographic I tlun't dare sent you phows to prove it. This is one time you are jest going io have to take my word for it, "Sex Is..." wz partly4unded with your tax dollars through the National Endowment fnr the An,c. It contains explicit, hard care stenos of honivsexual sex. I have sent edited copies nl "Sex i4..." to members of Congres.--hnth !'louse and Senate-so they will know that you know that they have at least had an opportunity to see what our tax dollars ore supporting. You Beard right Your tax dollars helped product "Sex Is,,," The National Endowment for the Arts (NEA) gave director Mme Hutstis Seine of your tax dollars to make his hard-core porno nick. Today I urge you to follow up my letter with one of your own! TO your Iawtnaicem it's time to stop tax-funding of the NSA! 1 know l'vc asked you to do this before:, But this time we'vz got to let Congress know we hold them responsible for their willingnem to continue approving tau doUars to support this RUM Congress is looking for ways to cut the hlctated hudget. ?'he NEA certainly deserves not one more penny of your tax dollars. The "cultural elite" who support the NEA are.up in arms. They are storming Washington in protest. They are doing all they can to keep their cvh cow pumping money their way. If you wait to keep Congress from wasting your hard-earned tax dollars through NFA grants, ... then you must speak out today. The detkate over NE A funding has already begun. NF.A Chairman Jane Alex2ndcr has gone hefcrc Senate committees insisting the NEA is necessary and imporuriL 1s she right? Isere are the facts. You decide: ® Our national debt is a stanering $5'1'EtUd.10111 ® That's $28.000 a piece for every mot, woman and child in America! S for 1995.96, the NF.A Is slated to receive $167 M11111t; N! S Private donations to the arts are approximately $913111110IN a year' ¦ A recent Inui,c Harris pull found that among these Americans who want to do away with agencies, the agency most wanted shut dmm vm the NSA] ikod when you look ut the "att" the N£A funds, it's easy to see wkly, Here are nnly a fcw of hundreds of examples: 1994 Grunt Recipient $ 1,4,37; ' Tins Miller: Disrohes and scwualiy Stimubtes himself on stage (anti among (lie 19,375 Holly Hughes: Wrote and pcrformed the "Well of liorninm. " $20,000 Kitchen Theater: Center where: Annie Sprinkle invited audience- memhet, to examine: the insile of her genitalia with a flashlight. 3 50,OM Marlon Riggs: Produced the profanityfillcd, pornographic, homosexual documentary "Tongues Untled." 1210,800 V *Aker Art Centec; Site of Ran Athey's bloctct•iewtttng ptrfonnAnt e. $114,000 Centro Cultural de la Ran: The group responsihlr for handing out tax dollars to illegal aliens on the US./Mexican border. i (0VFR) 09/21/2995 15:39 77777777 PAGE 04 Tax dollars continue to fund anti-Christian, pornographic, pro-homosexual `art' works J L,ilitor s nose: Jhs fnflah-m e urrrcle comnrns material which tame readers will jrrid ellea urve Thtr article w,ir rcrirwed bytrall members at AI.A, much gxpltait longiouCc swu remorrd and the dccuron war nlnde that the vonh•nt should rroptuin hi the article so that readers "irld know prcLiW1,P hnr+' lhrlr tar dollars err bC1nir spe?tt. The National Endowment for the Arts (NEA) is a federal agency which providos taxpayer (united grants, many a( which support porringraphie, anti-Christian "works or art". The NEA mattes the grants available to mtmben of the "Arts" Community and they are free to spend It without acrountahitdy lu anyone for how it u spent. The NeA has a current budget of 5171,000,400, which comes from your tax doliars. The list below is it sampling of "art" pmjects which the NEA has supported with funding, a TheNEA honored Andres Setiano with $15,004 in wdollarsio competition spontored by the NEA. Serrano a entryincluded a pbolo or Christ on a cross submergert in Serrano's urine. He nsrrted the "work of art" Pi- Christ. e The NEA app.nt 110,000 to fund the homosexual photographs or Robert Mapplethorpe.The exhihrlim-lutledthtsc:photos:"Horsey' - a girl about tour years old with a sad, scared rsce, the focus of the Camera is on the child's Ccnitals below her uplifted dross; "Mr. 110 112"-a man crouched over, hie sexual organ on a block, "Jesse MOdde"-a shot ors nude boy, about right, proudly displaying his sexual organ; one min unnaling into another manic mouth; and one nisn with his fist and forearm up another roan's rectum, 7 mr magazine said that, had this not been supported by the NEA, the exbiNtor could have brcn charged with distribution of child pornography. is, In Phoenix, Arizona, the NF.A gave MARS Artspaus20,000to helpfundan exhibit featuring Cr?clusJack's "Pi-Helms, aphatoof Senator Jessa Helms in a IArge jar of what appeared to be urim e The NI:A gave a grant to the Sunshine Press to publish sextitally explicit homosexual tltuics and a similar xrant to the Panjandrum Prou for the same purpose. In January 1990, three lesbian writers were awarded NEA CmAdve Writing Fellowships to fund their homocrotic wridng. a In NeW York, NEA funds helped psiy for an exhibit which included booklets depicting one leebiAo inserting an objea into another, & photo album of group sex, a collection of crude drawings Induding one lilted "Jesus Sucks" in which a woman: is brews-feeding an infant Another photo is of a man asking, -Is it a sin to r -a priest?" a With MA help,.PA13D (Prsliriral An Documentation Distri• bution) and Carnival Knowledge co-sponsored entertainment in- cluding a number called "Tapping and Talking Dirty" in which two women castullythat about varinut nral and deviant sisxual behaviors. s The organizers of the annual San Francisco Lesbian and Clay Film FeAvAl expect to tie givt:tr 520,000 by the NEA for their 1990 showing. The NEA rave them S 10,000 in 1989 and 56.300 In 1983. The film festival features films (or And about homosexual lifestyles, sexual activities and practices. ¦ In Houston, the NEA helped fend the exhit+it "At Home with Themselves: Gay and Lesbian Couple' sit the Houston Center fur Photography. • The NEA helped fund the exhibit "Degenerate with a capital D" in New York, The exhibit included posters that depict Senator Jesse helms nestled to a cross(Exhib;lnr Shiiwn r- ichman said several of this posters were sent to Helios' haute.); Dread Scott's "Proper Way to Display a U.S. flag" which enenuragisd giillcry.goen to walk on the nag. • In New York, the NCA provided S 10.000 to help pay for an art exhibit in which angry homotexusls drnnunmd Catholic. C361gymen John Cardinal O'Connor, callin him a "fait cannibsl" and a "creop in black skirts" while St. Patrick's C,ultedral tide promolctl al the "house of walking swastikas nit rifth Awnue " s NEA helped lund in exhibition m4luding a bust of Jesus with a crown of thnrot on His heed, Iung cyc lashe%, ruby red lips and female bmasta. s One of the latest exhibits funded with $25,000 of ur funds was entitled "Annie Sprinkle: Post-Porn Modernist". Annie Sprinkle is a porn movie alar who has appeared in more than 150 X.rated, pornographic movlcs The art txhibit included Antuc S?wiukle's 1yc performances at the Kitchen theater in New York and consistod of, among other thincs, the"artist" spreading her IeCs and inviting the ¦udienCO to inspect her vrbtna and cervix with the aid of a flashlight. As part other federally- funded an exhibit, Annie did the following: O Masturbrtted with various "scat toys" until she suppoudly experienced orgasms. ? Invoked the spirits of "ancient, saerod temple prostitutes" into the theater. "I like to cvokn spirits," she told she crowd. They love having wit." C3 Performed oral tier on herself using various "sex toys." anti Invited the audience to masstge her breasts and photograph her santily clad body. At the beginning of her tact-dollar funded exhtblt she did a skit, called "100 Blow Jobs". At one point during Annie Sprinkle's "Art exhibit"--after' inducing the float orgsism with her f flvoritc "sett stays""-she rrttlles Sind says to the audience, "Usually I gal poll a lot of money for th4, but tonl#hl it's rovernmenthfundedi" Annielt main writer and only actor in the sax-dollar funded exbibiL was Annie Sprinkle. A "Post-Porn Modernist Maniraslo," printed thexbow's praflrarn and signed by snore than 70 people. datta. "We ernbrsoe our genitals as pan, not separate, from our spirits. We utilise sexually explicit words, picivren and performances to oommutdca14 our ideas and emotions." 'Ile NEA makes the grants from their $171,000,000 taxpayer funded budget without any accountability from those who recielve it. NRA ttipotirnan Josh Dare said that the NEA does not plan to set into place any accountability procedures in providing Cream "We have nu power w suggcit anythinr to them (artists) or to eatarc se any control ovetr whit they flu with the money w eve rfvcrt then" Darr said. Last year Senator Jesse Helms inlraduced An smendenent in the Senate which would hove prohibited the NEA from using your tax dWaiv w support such exhibits as those listed above. The Senate patsed it overwhelmingly, However, when the arnendment was brought up in the blouse of Representatives by Congressman Not Rahtabacher (R•CA), Cungrctsman Ralph Reruls (R-OH) offered a mo6on which refused to allnw the House to vote on the Rohrsbscher amendment. By using a loctical p.trlinmealuy rnrrvc, Rep. Russia refused to yield the Poor so Rep. Rohrabachct and thus kept the amendrnenl from being voted on. Rep. Regula'sr action sucetaded in its intent, that of allowing the NEA to continue to receive their millions of tat dollars to fund such "works of art". On the following liege are 262 Conatessuren who voted for Regula's motion, thus supporting the NCA in in abuts and misuse of tax dollars We urge you to contact your Scrtmors and Congressmen and ask that they volt against funding for the NEA. Their direct phone number it listed. Their address is- Houm of ftepresentalive., Washington. DC 20515 and U,S, Senate, Washington, DC 2051 We urge you to contact your Senalots and Congras3man and asst that they stop all funds lathe NEA It would help if you ruould make copies of this article and distribute them among your friends, Sunday School class otembcrs, ehurth members, uic •-^'R I 14 March 1990 AfA JOURNAL ? ???. _ 09/21/1995 IE5 39 77777777 PAGE 05 IS THIS HOW YOU WANT K-e- IL YOUR CONGRESSMAN AND SENATORS SPENDING. YOUR. 'S'AX DOLLARS? Make copies of this sheer and past an to•orhers,- The National Endtiwmcru for the Arts, a federal govtrnnscnt agency, canlinues to use ynur Ina dollars to fund pto-homosexuol p0moyraphy and anli•Chrislisn bigotry. The NE.A gave 350tltl lit tax funds tui uppon two books, QsirrrCiry wndl.hy5eTAd:tf. one ihowin j$one manmareturhxlinl;annthrrandtha other hook cnntiming a pnvni about Jesus sodomizing a fix-year-old boy. The pcaem born Queer t."rrr tt4d. I Tvmcmbcr when Christ •••... my .... (oral icx) behind the pulpit I was fi years old he niade me luomisc not to tell nn one. According to the hnnimemuid-otientcd publication The Nctioh, twi:nty publishers refused to print l.ia,e Su Acts because of Its por• nogyaphic content. NEA chairman lnhn Frrahnmsyrr withheld announcing the now lint of NCA g(nnl5 li)r IV91.1941 until after Cangrrsa approved their funding. 1mmcdia1clyafter NkA funding wax approved, Frohnmayer announced that he gave SUM In grants to "artists" Malty Hughes of New York and Tim M#lierof Santo Monica, CA. Both afthe artists are hotnomxual and both prornutc thr harrinsexual litoslyle in their work, According to the Washington Timer, Mim Hughes "works. Include a play.'Dfens Suite it) Hirt.' about lesbian desire. in one solo parfor- rrtrancc 'World Without End,' Miss Hughes says she saw 'Jesus between Mother's hips;' and then demonstrates graphically how her other shared the 'secret meaning of life .'" A- in Now Yark. 1 tht+rler 1%)ndcd by tho NEA oxhibiled a "death masks",thaw In Octnherwtsicll contained "death maaks"ofindividuals who the anlst Bald "should be dvjtd",'The whole thesis of this exhibit is that these peopte...are opgarsed to ratognizing the tighuof what I call common Ameneana,"told artist L ec Drozgold. Me said those [or whom he heid made "death ma.sk+""...represent lhoold order.Thoy're ouldated...They Ghnutd he dead "The show--"40 PssstrsoWCountttss Americans" -contisted of skull-like pupcr•maeh¦ rvisresantadona of many Individuals Including George and garbarl Bush, Dun ¦nd Marilyn Quayle, Ronald ant! 144ney ReApin, Clarence. Thomas, William Danneraaycr, Jesse Helms and American Family Aaeocla- laun prcaadcnt Dunald E. Wildmon. ThoDiinccThcalcr Wprksnop,whtchpresentedthtcxhibit,tcoeivcd 5712,000 in tax dollars from IN NEA. A spokaaperxon at the theater said they presented tht: exhibit because "they did not believe in cctusonthip." However, when local teteviston and print media pho. lograrphers attempted In enter the thewer to photograph the oxhibit, they wctc refused. The NEA also gave the institute of Contemporary Art in Ouston $3u, W0. Pori of the funds, went to support theSeventh Annual Boston Intemationsl Gity and Usbian Film and Vidto Festival. The NEA grant helped fund the showing of homosexual pornographic tllma, The grant is one of many made by tho NeA to hoip fund homosexual fltm testlvala around the country The 19oston festtval was held lass August. Among the fllms which the NEA money supportsd was one titled "Dick," The film w" descrihed ms: "One hundred women interviewed, it thuusarnd men exposed. Avery amusingfitteen•minute look at the male organ," Other r'ilma mrimirst "Vvm,4neiirnx." destrilxd as a "atttnning portrait of Iwo lovesick nuns who f skc stigmata in orderto rcacuc their nunnery finni oblivion troll to lucl their passionate love affair;" "Noir et Mime," described as intensely erotic," "Wu'rc Talking Vulva," desetibcd as "a fivc•minuie feminist torsty concerning the care and fccding of happy (erntic genitalia;" "The GAYrnca." dancribed as an "evrnl during which the collcolve gaytlesbian body becomes a site of physicut empo*mmrno." and "Sunday, Bloody Sunday" about a elero%enuel wuman and a homosexual man who share a young bisexual man -. Thu NEA alts gsevt film in The Cities in St, Paul $131,000, Part of the tax money was used to Support the Minocapollot. Paul Intarnalinnnl Lesbiwn and Ga?yy ?Film Festival. Tltc NEA gave Lh;46,vxo Fllmmaken as grant of S19,ttfK1 in tax funds to het suppon the 11th Annual Chwugu LcAblan and City Inlcmauunal Flim Festival. Some of the films included In the Chicago homosexual rilm festival were "My Father Is Corning", "Strip lack Nakcd", "No Skin Off My A-". "Stop no Church" (a half film aliwcking New York Cardinal John O'Conrier which P0S refused to air), "Jerker", and "Coming Altraetions- Hollywood Homo Prnmo Style." The NEA also gave lox dollars to help fund hornowitual film fcmivals In New Yvtk, San Franclun, and Tumpa 'f'ha NEA grants helped fund the showing a(explicil homosexual lilmeatthe festivuis Another "work of art" recently funded by the NEA included a mat;izint erilhh:d Movement RtstatCh Performance Journal M3. Thc NEA gave Movement Research $4,400 to help pay forthe Pcrformance Journal. Included in the journal were wworAI porn photographs including is nearly full•psgt close up of & woman's vagina, Foll"ing public rovelmlon of the conienh of the journal, the NIA did ask that Movement Research return $1,113 of the tmal, interestinsly, the NEA did not want the tannty mturnied beet w ar of tht photographic •un" but because or the political wording In the material. ACCOtding to the Washington Pan. Research Movement cm-director Guy Yarden said that they do not pion to retum the money "beaust It behaves the NEAT reque%t i?x motivated by friar of political p :sure from critics of the agency, arnd not by a vialailnn of specific legal terms of the grant. ThcNE.A1 gave"artisl" Donald Baechlera$15,000grant. Whstdid he dowith 01 paid about aquarteror my Itaatswlth my N>_'Axrani," 0whlsr avid. According It% The New York Guardian, the NEA pve funding to an abortlon sights TV commothil aimed at mnbiitzing young women to support the politically militant National Abortion Rights Action Lagut, "The Women for Choice" spot intended to capilaliaee on sympathetic pto-abortion miedia As the seven toick 'n milers eland side by (side, the nurrntor says, "The most etltrsprdinary women in music rely an freedom at cxprcRSinn. Motherhood is our birthright and the freedom to chow" h mum remain our own." The words "Keep Abortion Legal" appear, followed by "Call the National Abortion Riots Action league" and then NAR.AL's SMitumber.The Guard- ian also mpartcd the NEA helped fund the following. •An AIDS awareneax campaign that included paid ads on buses in New York and Son Franrlsco. The ads depicted two men kisaing, two lesbians kissing, and an interracial couple kissittp. The headline tcad-. ?Kissinx Doesn't Kill! Oreed and Indifference DO." *Wigstock, the annual a;vunttr culture foellval for dra$$ (Itansvos- ilte) queens, held in New York during the first weekend of 5tplembcr, The NF-A alaogavo tax money to the Kltchan Theater in New York to help prasent a now vidso by "Post Porn Artist" Annie Sprinide, who hustarredinmore than 1 SOX-rated movies. SpHriklahaza newvideo entilledIrMeSluisandGoddcarurcorTransformmlmSalon."i khan Tltcattr mcrivcd a total of V90.5S6 in NEA tax dollars to suppon llicir programs this year 911919 a @ W5 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Pamela K. Akin, City Attorney RE: Ruth Eckerd Hail Performance of Angels in America DATE: September 15, 1995 At the Commission meeting of September 7, 1995, the Commission discussed the issue of the performance of the play "Angels in America" at Ruth Eckerd Hall. The Commission asked for information concerning whether such performance is regulated by the city ordinances addressing public nudity. Attached you will land a memorandum from Rob Surette concerning our public nudity ordinance. As you can see our nudity ordinance exempts theatrical performances. ' The Commission also asked for information concerning our funding of Ruth Eckerd Hall. In 1981, the City passed Ordinance 2382-81 relating to the Performing Arts Center and Theater, Inc. (PACT), wherein the City stated its intent as to the Performing Art Center. As apart of its commitment to the Center, the City entered into several agreements including a Guarantee Agreement in the amount of $1,000,000 and a Facilities Use Agreement with PACT. In Section 3 of the Facilities Use agreement, the City committed to pay $33,333.33 a month for the term of the agreement, in exchange for the right to have the facility used for community groups designated by the City for up to 200 events a year. Pursuant to Section 8, the agreement terminates when "...the notes of PACT issued under the Financing Documents are no longer deemed outstanding...". In addition, the City may terminate the agreement and assume all the obligations of PACT. Section 4 addresses the City's annual commitment. "The City represents that it is the City's present intention to make the payments described in Section 3 hereof in order to make the Facility available to community groups throughout the term of this Agreement. However, if it later determines that sufficient funds will not be available for such purpose in any year or years, then prior to July 1 of each year, the City may, by written notice to PACT and the Trustee, determine not to require the Facility to be made available during the next ensuing fiscal year to community groups hereunder, in which event no payments shall be due by the City to PACT during such fiscal year. However, the giving of such notice s 41 , with respect to a particular fiscal year shall not terminate this Agreement, and except as to the particular fiscal year with respect to which notice is given, PACT and the City shall ; continue to be obligated to make the Facility available under Section 2, and to make payments for such purpose under Section 3, respectively, for all future fiscal years thereafter during the term of this Agreement, unless further notice or notices are given pursuant to this Section by the City for any such future.fiscal year or years." In sum, the City committed to providing the funds unless it determines the funds.are not ° available for such purpose. In addition, if the City does not intend to provide the funding it must notify PACT prior to July 1. ' PKA/dt t C I T Y OF C L E A R W A T E R Interdepartment Correspondence Sheet TO: Pamela K. Akin, City Attorney FROM: Rob Surette, Assistant City Attorney, Police Legal Advisor SUBJECT: Performance of "Angels in America" at Ruth Eckerd Hall DATE: September 13, 1995 You asked me to respond to the following questions: (1) Would Section 21.13, Clearwater Code of Ordinances, which prohibits public nudity, apply to the performance of "Angels in America" at Ruth Eckerd Hall.? (2) Can the City of Clearwater regulate or prohibit the performance, which contains adult themes and public nudity? (3) If Clearwater's public nudity ordinance is not applicable to regulating performances at Ruth Eckerd Hall, which-contain adult themes and public nudity, can Clearwater's public nudity ordinance be amended to apply to such performances? The answer to the first question is no unless the performance is legally "obscene." Section 21.13(3)(c) of Clearwater"s public nudity ordinance exempts a bona fide live communication, demonstration or performance by a person wherein such nudity is - expressive conduct protected by the United States Constitution-or the-Florida-Constitution. Nude dancers performing in adult use establishments, however, are not exempt.- When I drafted the public nudity ordinance, I relied upon case law-that allowed cities to regulate nude dancing in adult use establishments because of the harmful secondary effects that adult use establishments have on the community, such as,.an increase in crime and a reduction in surrounding property values. However, to ensure that the ordinance would withstand a constitutional attack by a person intending to perform, at a location other than an adult use establishment, a play or show containing nudity and adult themes that were not legally "obscene" as defined by the United States Supreme Court in i g y. California, I included Section 21.13(3)(c). The answer to your second question is that the City of Clearwater is prohibited by the First Amendment of the United States Constitution from regulating the content of a theatrical performance at a location other than an adult use establishment unless the performance is legally "obscene." The United States supreme court in Miller v California, 413 U.S. 15, 93 S.Ct. 2607, 37 L.Ed.2d 419 (1973), established standards by which local communities can determine whether a performance is "obscene." Those standards, as well as the definition of "sexual conduct," have been incorporated into Section 847.001(7) and (11), Florida Statutes (1993), as follows: (7) "Obscene" means the status of material which: (a) The average person, applying contemporary community standards, would find, taken as a whole, appeals to the prurient interest;. (b) Depicts or describes, in a patently offensive way, sexual conduct as specifically defined herein; and (c) Taken as a whole, lacks serious literary, artistic; political, or scientific value. A mother's breast feeding of her baby is not under any circumstance "obscene." ..(11) "Sexual conduct" means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals; actual physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast; or any act or conduct which constitutes sexual battery or simulates that sexual battery is-being or will be committed. A mother's breast feeding of her -baby does not under..any circumstance constitute "sexual conduct. rr Consequently, individual parts of a performance containing sexual conduct cannot be isolated from the whole performance. The entire-play must lack any serious literary, artistic,-political or scientific value; and-the entire play must appeal to the "prurient" interest, which means-that the performance must exhibit a shameful or morbid interest.in nudity or sex. Roth v. United-States, 354 U.S. 476, 487 n.20, 77 S.Ct. 1304, 1310 n. 20, 1 L.Ed.2d 1498 (1957). Furthermore, an attempt--by the City to take preemptive action prior to the performance of the play would violate the "prior restraint" doctrine, which renders presumptively unconstitutional any attempt by a government official to forbid or prevent a speech-related activity unless it first qas governmental approval. Vance v. Universal Amuse._m.?L Co., 445 U.S. 308, •1,00 S.Ct. 1156, 63 L.Ed.2d 413 (1980). Finally, based on the response to'your first two questions, Clearwater's public nudity ordinance is already on the cutting Edge of what is constitutionally permissible. RJS/jas 2 CM 13 CAPITAL IMPROVEMENT ORDINANCE ORDINANCE NO. 591495 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1995, AND ENDING SEPTEMBER 30, 1996; APPROVING • THE SIX-YEAR CAPITAL IMPROVEMENT PROGRAM WHICH SHALL BE REEVALUATED AT THE BEGINNING OF EACH FISCAL YEAR; AUTHORIZING THE CITY MANAGER TO ISSUE SUCH INSTRUCTIONS THAT ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE CAPITAL IMPROVEMENTS SO AUTHORIZED; AUTHORIZING THE CITY MANAGER TO TRANSFER MONEY BETWEEN PROJECTS IN. THE CAPITAL IMPROVEMENT PROGRAM; APPROPRIATING AVAILABLE AND ANTICIPATED RESOURCES FOR THE PROJECTS IDENTIFIED; PROVIDING AN EFFECTIVE DATE. 5 WHEREAS, the City Manager has submitted a proposed Six-Year Capital Improvement Program, and has submitted an estimate of the amount of money necessary to carry on said Capital Improvement Program for the fiscal year beginning October 1, 1995, and ending September 30, 1996; and WHEREAS, an estimate of the resources available and income to be received by the City during said period from ad valorem taxes and other sources has been submitted to the City Commission; and WHEREAS, a general summary of the Capital Improvement Budget, and notice of the times and places when copies of the budget message and capital budget are available for inspection by the public, was . published in a newspaper of general circulation; and WHEREAS, the City Commission has examined and carefully considered the proposed budget; and WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances, the City Commission conducted a public hearing in the City Hall upon said proposed budget on September 7, 1995; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Pursuant to the Capital Improvement Program Report and Estimated Budget for the fiscal year?beginning October 1, 1995, and ending September 30, 1996, a copy of which is on file .with the City Clerk, the City Commission hereby adopts a budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. The Six-Year Capital Improvement Program and budget, u summary of which is attached hereto, marked Exhibit B, is approved in its present form, but prior to the beginning of each fiscal year I the City Commission shall reevaluate priorities, hold public hearings and formally adopt additions or corrections thereto. Section 3. The budget as adopted shall stand and be the Capital Improvement Program budget of the City for said fiscal year, subject to the authority of the City Commission to amend or change the budget as provided by Section 2.519 of the Clearwater Code of Ordinances. Section Q. The City Manager is authorized and directed to issue such instructions and directives that are necessary to achieve and accomplish the capital improvements authorized by the adoption of this budget. Section 5. The City Manager is authorized to transfer appropriations within the capital budget, provided such transfer does not result in changing the scope of any project or the fund source included in the adopted capital budget. Section 6. Should any provision of this ordinance be declared by any court to be invalid, the same shall not affect the validity of the ordinance as a whole, or any provision thereof, other than the provision declared to be invalid. Section 7. This ordinance shall take effect October 1, 1995. PASSED ON FIRST READING QS cL PASSED-ON SECOND AND FINAL READING Attest: Cynthia E. Goudeau, City Clerk _ ?i Approved as to form and correctness: Pamela K. Akin, City Attorney _7-R 5 Rita Garvey, Mayor-Commissioner t' EXHIBIT A Sept 6, 1995 i' CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 1995/96 Original 3r Budget 1995/96 }. FUNCTIONSt Police Protection 415,000 i, Fire Protection 73,680 i i.: New.Street Construction 2,300,000 `'. Major Street Maintenance 1,625,160 r' Sidewalks & Bike Trails 200,000 i Intersections 535,000 Parking 150,000 Miscellaneous Engineering 1,375,000 " . Land Acquisition 0 Park Dedelopment 1,400,000 x Park Beautification 0 Marine Facilities 110;000 Libraries 676,110 Garage 3,030,850 Maintenance of Buildings 249,000. - City Hall 0 Miscellaneoue 3,880,880' Stormwater Utility 20,765,000 Water System 1,125,000 Sewer System• 3,724,700 Gag System 8,092,000 Solid Waste 305,000 Recycling 371,300 Utilities Miscellaneous 0 - TOTAL ------------ 50,403,680 it .S„ g1 •.. •t 4'.191 1 EXHIBIT A Sept 6, 1995 RESOURCES APPROPRIATED FOR CAPITAL PROJECTS 1995/96 original Budget 1995/96 GENERAL SOURCES: - General Operating Revenue 1,151,000 General Revenue/County coop 206,110 General Fund/County EMS 73,680 Road Millage 1,552,200 Infrastructure Tax 5,770,960 Transportation Impact Fees 90,000 Development Impact Fees 100,000 Local Option Gap Tax 1,170,000 SLETF 60,000 SELF SUPPORTING FUNDS: Marina Operating Revenue 40,000 Parking Operating Revenue 150,000 Utility System: Water & Sewer Revenue 3,249,700 Water Impact Fees 50,000 Water R & R. 700,000 Sewer Impact Fees 50,000 Sewer R & R 650,000 Gas Revenue 232,000 Solid Waste Revenue 210,000 Stormwater Utility Revenue 1,250,000 Recycling Revenue 196,300 Recycling Grant 175,000 Other-Enterprise Revenue - 300,000 INTERNAL SERVICE FUNDS: Garage Fund 65,800 Administrative Services 15,000 BORROWING - GENERAL SOURCES Lease Purchase 91,000 Bond Issue - Memorial Causeway Bridge 1,350,000 Bond Issue - Downtown Lake 17,000,000 +ti BORROWING,- OTHER FUNDS: Gas Bond Issue 7,860,000 Water & Sewer Lease/Purchase 150,000 Recycling Lease/Purchase 95,000 BORROWING - INTERNAL SERVICE FUNDS: Garage Fund Lease/Purchase 1,534,200 General Services Lease/Purchase 3,630,850 Administrative Services Lease/Purchase 1,184,880 ------------- TOTAL ALL FUNDING SOURCES: $50,403,680 }i l I: in m of r4 ;J W m ri Id p H D O N 1 I C N I . 0 k 94 0 a C H ? 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'?'' -; f?, .. - a?;- lal±.f??•?-`_? .d.?•.? i• " 7i••.1 ' ? a r •• r , s 1+, : s. , • Y ?. ?!'?, ?.•: %.•Y;-. ?,{N?44,1v? .. • R - he paperwork for Item #16 oved to 1015195 pack E i t 1 .' - j 1 = ?7 AGIEN'13'A' i y.z ITEM ORDINANCE NO-5741-95 AN 'ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED SOUTH OF GULF TO BAY BOULEVARD BETWEEN BAYVIEW AVENUE AND MEADOWLARK LANE WEST OF McMULLEN-BOOTH ROAD, CONSISTING OF PART OF LOTS 1 AND 2. BLOCK 3, TOWN OF BAY VIEW A/K/A McMULLEN'S BAYVIEW SUBDIVISION, AND THE SOUTH 1/2 OF THE VACATED STREET ABUTTING THE NORTH SIDE OF THE LOTS, WHOSE POST OFFICE ADDRESSES ARE 509 BAYVIEW AVENUE AND 508 MEADOWLARK LANE, FROM RESIDENTIAL URBAN TO COMMERCIAL GENERAL; PROVIDING AN EFFECTIVE DATE. I'7 WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan: now, therefore, BE IT ORDAINED BY-THE CITY 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 See Exhibit A attached. (LUP93-43) Land Use Category From: Residential Urban To: Commercial General Section 2. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County--Board of County Commissioners and subject to a determi.nation by the state land planning agency or the Administrative Commission of the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes. The Director of Central Permitting is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING 5?- 1795 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: P"L 'i ame a i n. y Attorney Rita Garvey, Mayor-Commissioner Attest: Cynthia ou eau, ity Clerk .?; •- .... ,. ., . '' 'r?" is .. . LEGAL DESCRIPTION ` Lots 1 and 2, Block 3, Town of Bay View Subdivision a/k/a McMullen's Bay View Subdivision, except for that portion of said Lots 1 and 2 South of the following described line: Beginning at a ?(Ant on the East right-of-way line of Bayview Avenue lying 75 feet ortherly of the Southwest corner of said Lot 2 and going Easterly to a point on the-West right-of-way line of Meadowlark Lane, said point lying 50 feet Northerly of the Southeast corner of said Lot 1, together with the Southerly 1/2 of the unnamed-vacated right-of-way lying to the North of and adjacent to said Lots 1 and 2, according to the plat thereof, as recorded in Plat Book 5, Page 23, public records of Hillsborough County, Florida, of which Pinellas County was formerly a part. EXRIB rr A 9/ar19s- To: City Commission, City of Clearwater September 21, 1995 In Re: Meador/Bayview Rezoning Land Use Change Application (Z-9354,& LUP93-43) Brief to clarify, complete, and protect record for appeal of above style application. Opponent asserts that if this application meets with final approval of the Clearwater City Commission said approval is illegal and unlawful and that it violates Clearwater City Codes specifically dealing with rezoning, land use change, and CPD criteria. It also violates Clearwater's Comprehensive Land Use Plan. Finally, said application is against public interest and policy and is otherwise faulty and fundamentally unfair. As to each of these assertions, opponent alleges as follows: 1. It violates Clearwater City Code Sec. 40.675 which specifically delineates eleven (11) criteria all of which must be met to change the zoning atlas. Opponent strongly asserts that most, if not all of these criteria are not met. (Attached Sec. 40.675 (1-11)) 2. It violates Clearwater City Code Sec. 36.066 (5) a-k (11) standards of approval for land use plan amendment all off which must be met. Opponent strongly asserts that most of these criteria are not met except c,d and g. (Attached Sec. 36.066 (5)a-k). 3. It violates CPD rules under the Clearwater City Code Sec. 40.261 in that it doesn't meet any of the four required development objectives. Furthermore, and more significantly, it doesn't meet the four acre establishment minimum requirement under Clearwater City Code Sec. 40.263. The only exception to this prerequisite is a determination by evidence that the reduction of this general standard is in the public interest and there has been absolutely no showing of that. (This lack of public interest as to applicant will be developed more fully later in this brief.) In fact, the .61 acreage constituting the instant case is so small (around 15% of requirement) that it subverts the entire intent of the code section. Opponent diligently searched the zoning records for the City of Clearwater and was unable to find another CPD that was less than four acres. When asked about the legal consequence of this particular exception to the 40.263 four acre requirement for CPD Ms. Akin, City Attorney, conveniently said, "I have no opinion on the fact". This provides applicant a special privilege in violation of 40.675 (3) and 36.066 (5)h. In addition, a special privilege is granted to applicant, if approved, in that the proposed lot to be rezoned commercial was residential when he bought it, had been previously denied commercial rezoning, and he had already failed to have his mother's lot rezoned commercial directly across Bayview October 2, 1986. Thus there can be absolutely no way applicant can argue any expectation that he would be granted a commercial rezoning on this lot. By his own testimony, applicant's sole motivation for buying and attempting rezoning on this particular residential lot to commercial is financial, and considering the historical facts, must be considered purely speculative. This is an extension of a special privilege to the applicant. Sec. 40.261, Sec. 40.263, Sec. 40.675 (3) and Sec. 36.066 (5)h. (Attached Sec. 40.261, Sec. 40.263) 4 The approval of the MeadorlBayview rezoning land use change application violates the following Clearwater Comprehensive Land Use Plan sections: A. 3.6.2 'The City shall, by May 1990, include a proposed Historic Overlay district in the proposed revisions to the Land Development Code'. This hasn't been done and other than Harbor Oaks, Bayview is the only other historic neighborhood in Clearwater. Mike Sanders' 1980 Architectural and Historical Inventory of the Built Environment (See Exhibit A), Howard Hansen's historic study authorized by Clearwater Central Permitting, June 1995, ( Public Record). Violates also Sec. 40.675 (1,4,10,11), Sec, 36.066 (5) a,b,i,j,k. B. 3.2.3 'Commercial development land uses and 'strip commercial' zones shall be located at major intersections'. This is not the case here. (See attachment by certified planner Randy Kranjec, AICP Exhibit B) Violates Sec. 40.675 (1,2,4,5,7,9,11) and Sec. 36.066 (5)a,b,e,i,j,k. C. 13.3.3 'By 1992 develop a 'neighborhood preservation scale' to monitor and evaluate factors which contribute to neighborhood stability and adopt strategies for neighborhood preservation.' This has not been done. (See Exhibit C Shuford correspondence, March 23, 1995.) "Second, as you know, one of my departmental goals for this year (9995) is to prepare a neighborhood zoning study". 2 (See Exhibit D Shuford correspondence, August 9,1995.) "With regard to the proposed study for the Bayview area and environs, I plan on developing a scope of work and signing a contract with the Florida Center for Community Design and Research ... neighborhood zoning study is not being done by City Staff." This is three years after the 13.3.3 requirement of 1992, and any rezoning in Bayview is premature before the study suggested. (Also see Exhibit E, Shuford Vacation Request Processing Sheet, 7125195. "1 request the vacation be delayed until after the consultant study is complete this fall.") Non compliant as to 13.3.3, premature as to any rezoning in Bayview. Violates Sec. 40.675(1,2,4,5,6,8,10,11); Sec 36.066 (5) a,bJJ,k. D. 13.4.6 `Use zoning to restrict commercial encroachment into residential areas'. This goes to the setting precedent domino theory, advanced at the first hearing. Shuford Exhibit C as above. "As we have discussed the Bayview area is 'ripe' for such a study as there are a number of potential development issues coming up in the near future that may affect this neighborhood. The FINA station is one of these issues, but the likely conversion of the mobile home park adjoining the neighborhood on the east to another land use may have more significant potential affects. There are other properties in the immediate vicinity of the neighborhood that have development potential which could also have some affect on this neighborhood." By approving this rezoning and land use plan amendment precedent is being set for future additional commercial intrusions into existing residential land, as well as the instant intrusion. This application's approval could definitely affect property directly across the street (Bayview), which applicant owns and has previously attempted to rezone. Also, the precedent will impact the aforementioned contiguous vacant mobile home park to the east as well as other mobile home parks to the west etc. When the city attorney, Ms. Akin, at the first hearing August 17, 1995, was asked about the affect of this precedent on future rezoning applications in the neighborhood, her answer was, "it is relevant". Mr. Shuford, in his memo of 8125195 to Elizabeth Deptula, City Manager, said that this was how the city attorney effectively answered this question at the August 17, 1995 Commission meeting. (page 10) (See public record filed 917195) It is also 3 significant that city staff in this application originally came out against CG zoning in this area saying it was inappropriate, but subsequently recommended CPD. There is no difference as far as land use and zoning in CG and CPD in that it is still commercial general, only with a site plan that is subject to modification. Violates Sec. 40.675 (1,2,4,5,7,8,910,11); Sec. 36.066 (5) a,b,e,f,i,j,k. 5 It creates traffic problems, which by code section make this application's approval illegal, and it is also against public interest. Gulf To Bay Boulevard from US 19 to McMullen Booth Road is rated'F'. This is generalized - Level of Service (LOS) FDOT August 11, 1995 Exhibit F. See also Exhibit G, MPO 1995 Level of Service Report, figure 3, rating generalized LOS at this site'F'. Under the refined method (alt traffic lights synchronized relative to performance, the LOS is rated 'E'. This is within 10% of traffic volume to put in refined 'F' LOS. It should also be noted that under this method most of US 19 running through Clearwater is rated higher than Gulf To Bay Blvd in this area. MPO 1995 Figure 6. In addition, the are no scheduled improvements on Gulf To Bay Blvd. through 1998. MPO Figure 4. Mr. Shuford, in a public record statement, at the planning and zoning meeting of 8129195, and in his aforementioned memo of 8125195 to Elizabeth Deptula, City Manager, page 3 (e), asserted that the level of service (LOS) in front of the subject property (FINA Station) on Gulf To Bay is a'B'. This document constitutes a written demand, by opponent, for Mr. Shuford to produce documentation to substantiate that assertion. Finally, refer to testimony and charts by certified planner Randy Kranjec, Exhibit B as above, that states 'to expand this use and approve this zoning, as requested, would increase the daily traffic to this site by over 400%'. This does not even consider traffic impacts from other future commercial sites which would be created in this area with this precedent. The Bayview intersection on to Gulf to Bay Boulevard is already dangerous for the residents and children in this area. The matrix that Mr. Shuford presented in his video testimony in the first hearing, is misleading in that it indicates the proposed CPD would meet standards as far as traffic safety as opposed to the existing situation of poor. (See Exhibit H) Due to the present LOS rating 'F' on Gulf to Bay and the testimony of a 400 % increase of traffic generated by this proposal, it is difficult to see how this increased commercial density could reflect an improved traffic safety situation. (See Exhibit B) violates 40.675 (7,9), Sec. 36.066 (5)e,i. 6. It creates environmental problems. It has been established Clearwater has no jurisdiction to legally control clean up of this polluted site under Florida Statute 376.317. (See Exhibit I from Dick Hull, Assistant City Attorney, February 28, 4 1995 and Exhibit J from Rich Baier, City Engineer and Tom Miller Assistant Director of Engineering /Environmental, August 9, 1995.) So in effect, the applicant can if approved, bulldoze polluted earth around during the construction process, possibly affecting a straight down hill run of pollutants by whatever means to existing wells in use and Old Tampa Bay, a federally protected estuary. A cash performance bond by applicant was discussed at the first hearing, but was neither required by the city nor volunteered by applicant. I believe this also leaves the city fully liable for any lawsuits filed that allege and prove detrimental change in status of existing wells. Present readings are already in land owner's possession. The matrix Mr Shuford presented in his video testimony at the first hearing is misleading in this aspect in that he alleges that under the proposed CPD zoning the city can get the site scheduled for clean up by 1995 rather than 2009. However, scheduled does not mean cleaned up, and the city cannot force applicant to do the clean up. (See Exhibit H) Violates Sec. 40.675 (4,8,9,10); Sec. 36.066 (5)f,i j. 7. The matrix Exhibit H, as presented by Mr. Shuford, as above, is additionally false and misleading in that it states that the proposed CPD will provide extensive buffer and the existing situation will provide none. This is patently false as residential zoning, as presently exists, is the ultimate buffer. 8. Opponent alleges that he has been denied due process throughout this application process, both substantively and procedurally. This long, convoluted, misleading, unfair process, which is only partially described in the attached FINA Gas Station Rezoning chronology (See Exhibit K), stands on its own merits as an example of a due process violation because of its cumulative effect. In addition, opponent strongly argues that procedural due process was violated when city attorney Pam Akin denied him the Snyder Case procedural rights for the second reading of this matter. The second reading is a continuation and a completion of the first reading heard on August 17, 1995. At the second reading there is additional testimony taken and another vote required by the City Commission to make the application's approval law. The opponent specifically requested the Snyder Case procedural rights to remain in effect for the second hearing via a certified letter dated August 26, 1995, and was denied via letter by Ms. Akin on August 31, 1995. To change the procedure in the middle of the process has no basis in either law or fact. (See Exhibit L and M). Mr. Shuford's video testimony presented at the first hearing also violates opponents due process as he was unavailable for cross examination and violated the best evidence requirement. The most significant violation of due process occurred when the City Commission severely limited the testimony of the interested parties to a total of twenty minutes. The attorney representing the abutting land owner was unable to complete even one half of his remarks, and the expert 5 witness had only eight minutes to testify on complex and important issues regarding applicable codes and a complex factual situation. A fundamental cornerstone of judicial due process (and therefore quasi-judicial due process) is the opportunity to present testimony and legal argument to finders of fact and the decision maker. 9. Applicant's argument are otherwise false and misleading as to the following: A. As to the commercial corridor argument, neither lot up for rezoning is contiguous to Gulf to Bay Blvd. There are hundreds of feet to the east, south, and west of the proposed residential lots in question all of which are zoned residential. (See Exhibit N Map). B As to the substandard lot argument, applicant states that he is rezoning and splitting lots one and two because they are substandard lots fronting on Gulf to Bay. By doing this he would leave a viable lot to the south with a retention pond in the back. This is another invalid argument. The lots don't front on Gulf to Bay, and there has been no showing that they are substandard. They have never been put up for sale, and no attempt was ever made to buffer them in any way from existing commercial activity. In addition, how can the south half of two substandard lots, now with a drainage pond in the back, suddenly become a viable residential lot? C As to changing circumstance, there has been no showing of any economic hardship due to the widening of Gulf to Bay. The applicant's expert witness admitted under cross examination that no market study had been performed and he had no expertise in this field. In fact, the 55 thousand plus cars which go by the station every day on Gulf to Bay provide a greater customer base to sell gasoline. In addition, there was no taking of any FINA Gas Station land involved with said widening. There was only a rounding off of the comers at the intersection of Bayview Avenue and Gulf to Bay, which has no affect on the functioning of the FINA Gas Station, and for which applicant was compensated. D As to applicant's contention that this project will bring increased traffic safety by reconfiguring the queuing of the pump island, it is interesting to note that this change in configuration did not occur on the original site plan. If it was of concern to the applicant, why did it not appear on the original site plan fled 919194? The fact is, queuing the pump islands were not addressed until the fifth revised site plan, date 5!9195, and only then on the insistence of tha City Engineer. (See Exhibit O). Said facts 6 F make it patently obvious that this application is in no way predicated on applicant's concern for traffic safety. In fact, there was no issue regarding traffic safety at the FINA Station prior to this application. There is no record of the City of Clearwater evidencing any traffic safety concerns at this site prior to the application. Even if a traffic safety problem was evidenced a safe queuing of traffic is possible on the present site without the requested rezoning. No public benefit can be justified by referring to this modification. E As to the assertion that applicant has met with opponents and worked hard to meet all their needs and concerns, see letter Exhibit P from Bayview residents to Mayor Garvey and city commissioners April 26, 1995 which states " We have seen the April 24, 1995 site plan. It includes none, repeat none, of the protections for Bayview that we asked Mr. Meador for. It includes none, repeat none, of the elements of our plan. F. As to the argument of the site plan saving trees, if nothing is done, no trees will be bothered, and in any case the trees are covered by the city's tree ordinance. As Mr. Richter testified in the first hearing on August 17, 1995, "Candidly, I think the tree issue is a moot question". 10. As to the requirement of public interest: we have a going neighborhood bait shop and grocery store whose land is also owned by applicant immediately across Bayview. Therefore a new convenience store, and make no mistake, that is the real objective of this application, would provide no new service and very likely put the existing store out of business. This would hurt an existing business that serves the neighborhood's needs and has an economic investment already in place. As it provides fresh fruits and vegetables to local residents and also serves many fishermen, which a new convenience store would not, a petition of over 500 citizens was gathered in opposition to the proposed new convenience store. (See Exhibit Q Public Record - hand written forms in file difficult to copy) Even if the new 1500 square foot convenience store which is being proposed and applied for across the street from an existing convenience store, both which properties are owned by the same applicant, was deemed in the public interest, opponent's expert witness Randy Kranjec, provided a site plan for the present site that reflected an 1100 square foot convenience store, which met all city code requirements and would avoid the necessity of a rezoning on this property. (See Attachment). We also have a petition in opposition from the mobile home park immediately to the west of Bayview. (See Exhibit R) There is also a petition from all the residents of Bayview in opposition. (See Exhibit S) 7 Clearwater's own Environmental Board is on record opposing this application. We also have letters of opposition to this application from the Clearwater Historic Preservation Board (See Exhibit T), Clearwater Historical Society (See Exhibit U), Coalition of Homeowners Associations (See Exhibit V and W), Sierra Club (See Exhibit X) and other interested parties. This is all compared to an out of county applicant who had absolutely no support, not one person, for his application at the first hearing on August 17, 1995. Opponent had many citizens testify in person against this application, as well as the above mentioned letters, petitions, etc. In view of this overwhelming evidence to the contrary, there can be no reasonable inference of public interest inuring to the applicant. In violation of Sec. 40.263, Sec. 40.675 (3,4,5,9), Sec. 36.066 (5)b,h,i,j,k. Summary Editorial St. Pete Times, August 15, 1995, page 8A, What's One More Mistake? (See Exhibit Y) I think this editorial summarizes some of the problems which will logically arise out of the approval of this application. This area, like Ulmerton Road, has county wide significance as it is the entrance to Clearwater, from 1-275, Tampa International Airport, and the new Bayside Bridge. To quote from the article: "But planning principals have never much mattered in Pinellas, the state's most densely populated county. Too often, all that has mattered, is the size of the checks developers write for commissioners election campaign. These disasters happen precisely because politicians are cowed into making excuses for developers, The truth is that the public does not owe land speculators on Ulmerton Road a dime. What is deserves is a county commission that will respect the planning laws that were adopted to provide a sane and livable community. When will this county, when will its elected commissioners, ever draw the line? " Can it be any different for Clearwater? f M. Breck Parker Interested Party Opponent/Bayview Resident 8 Sec. 40.675 The following standards shall serve as the basi,.s to evaluate any requested amendment to the zoning atlans, and sio amendment shall approved unless it complies with all of the enumerated standards. 1. The available uses to which the property may be put are appropriate to the property in question and compatible with existing and planned uses in the area. 2. The numerical and dimensional development requirements contained in chapte=r 40 which govern the development of thta property will sufficiently safeguard the integrity and character of the area. 3. The amendment will not constitute a grant of special privileges to the owner. 4. The amendment will not conflict with the needs of the neighborhood or the city. 5. The amendment will not adversely or unreasonably affect the use of other property in the area. 6. The amendment will not defer the improvement or development of other property in accord with existing zoning and development regulations. 7. The amendment will not adversely burden public facilities, including traffic-carrying capacities of streets, in an unreasonable or disproportionate manner. 8. The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lines, existing improvements and the natural environment. 9. The amendment will result in enhancing the health, safety, and welfare of the citizens of the city. 10. The amendment will further the expressed purposes of the land development code. 11. The amendment will be consistent with the comprehensive plan. F 9'.'Ick 712 0 4r ?' r 7 2. The numerical and dimensional develoF contained in chapter 40 which govern the de property will sufficiently safeguard the inter of the area. Sec. 40.675 The following standards shall serve as the basx.a ; to evaluate any requested amendment to the zoning atlans, and titj amendment shall approved unless it complies with all of tht. I enumerated standards. f 1. The available uses to which the property may be put are appropriate to the property in question and compatible with existing and planned uses in the area. 3. The amendment will not constitute a privileges to the owner. CAtP {5 4. The amendment will not conflict with t neighborhood or the city. 5. 'The amendment will not adversely or unreiI use of other property in the area. 6. The amendment will not defer the improvement or development j of other property in accord with existing zoning and development regulations. E 7. The amendment will not adversely burden public facili,tiev., including traffic-carrying capacities of streets, in an unreasonable or disproportionate manner. B. The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lines, existing improvements and the natural environment. 9. The amendment will result in enhancing the health, safety, and welfare of the citizens of the city. 10. The amendment will further the expressed purposes of the land development code. 11. The amendment will be consistent with the comprehensive plan. I - _ .f ADMINtSTtMMON AND rNFORCt"s,MENT (e) The Innd use plan amendment npplicnLion shall be accompanied by the payment of a fee as established by resolution of the city commission and set out in appendix A to this Code. (4) Reuictorprocedure. Proposed amendments to t.hr+ land us(t' plan slrall be processed as follows: (.a) Applications which are determined to be complete by the development code admin- istrator shall be scheduled for review by the planning and zoning board and the city ?. commission. (f) {h) The director of the planning and develop- ment department shall review the proposed nmenclmc:nt, assess its impact and consis- tency with the standards for approval con- tnined in subsection (5) of this section, and identify nL a public henring before the plan- ning and zoning bonrd the merit or demerit of ennrt.nurnt. (r.) `l'iar planning and zoning board sltinll re- vitnv at nn nclvertk sed public bearing any proposed nmendment to the land use plan, runsirlrr nit rulevant. information presented tit Ow prlblic hearinf;, including the adviso- ry recommendation of dice director of the planning and devrlopment. department, and evalunty Lhe amendment with clue regard to the st.nndnrds for approval. At the con- clusion of the hoaxing, the beard slinll ei- thur rur.ornmend that the land use plan amrndinmit, in whole or part, be approved, mo,li{letl to n less intensive plan classifica- Linn or cianied. The bmard may defer imme.- dintu action on the amendment for the pur- pose ofnklowing additional review arrd input. (d) 'I'llu city tnatttrl,er shall review the pro- po sc:d atrrcnclrrlettii., assess its impact and con:,istency with the standards for approv- nl and identify at a public hearing before the, city commission the merit or demerit of unachnont. (vI The city commission s1mit review at nn ad- vert.iscrl public lhenring any proposed nmend- ment to dire land use plan and consider all rvif want. infr,rmntion presenter) at. thr, hear- ing, including the advisory recommunda- tiri1yr No. If) CD3G:17 § 36.066 . Lion of the planning and zoning board and the city manager, and evaluate the amend- ment with due regard to the standards for approval. At the conclusion of the hearing, the commission shrill, in whole or part, ap- prove or deny the amendment, approve the amendment, subject to a less intense plnn classification. The city commission may, if it determines to be appropriate, defer im- tnediatc action on the amendment for the purpose of allowing additional review and input. For the purpose of enacting an amendment which is approved by the commission, the city attorney shall prepare an ordinance for the approved amendment and schedule it for reacting by the commission. (g) Any approved amendment to the city com- prehensive land use plan which correspond- ingly requires amendment to the county- wide comprehensive land use plats shall, upon its effective data, be forwarded by the director of planning and urban develop- ment to the countywide planning agency for review and determination in accord with the established procedures of the agency. Should thn countywide planning agency fail to approve any plan amendment, the plan and nssocinLed zoning designation shall be amended to the extent of and so as to obvi- ate any conflict with the countywide com- prehensive land use plan. (5) Standards for approval. The following stan- dards shall serve as the basis to evalcratc any re- quested amendment to the land use plan and no amendment shall be approved unless it comports with all of the enumerated standards: (n) The amendment will further implementn- tion of the comprehensive plan consistent. with the goals, policies and objectives con- tained in the plan, (b) The available uses to which the property may be put are appropriate to the-property in question and compatible with existing and planned uses in tho area. (c) SuflicienL potable water supply and facili- ties will be continuously available to serve Lhe property. I.16.0m; C1,11,A16YATER COOK - (d) Adequate sanitary sewer facilities, includ- ing treatment capabilities, will be continu- ously available to serve the property. NO Sufficient traffic-carrying capacity will be continuously available to serve the proper- ty. M The nmendment will not adversely affect the natural environment. (g)' Adequate public facilities, such as schools, pnrlcs and libraries, will'be continuously available to serve the property. (h) The amendment will not constitute a grant of specinl privilege to an individual owner. (i) The amendment will not conflict with the needs of the neighborhood or the city. (j) The amendment will not adversely or un- rensornnbly affect the use of other property in the area. (it) The amendment will riot deter the improve- ment or development of other property in accord with existing land use plan classifi- cations and applicable development regu- lntions. (6) hapace ussesvrrtwas. (a) Purpose. Impact assessments are require(] for the purpose of allowing the develop- ment review committee, the planning and tuning board and the city commission the opportunity to quantitatively and qualita- tively evaluate the impacts which finny re- sult from tho most intensive development permitted under the proposed land use plan classification and zoning district. (b) Applicability. Impact assessments shall be required in conjunction with any applien- tion for n land use plan amendment, except lnird use amendment applications for which at certificate of capacity has been applied for pursuant to section 36.142, where the land use plnn amendment involves an nrca of live acres or more and where the request- ed nr hissifica?tion is front: 1. Low density residentinl to medium den- sity residential, high density residen- tinl, r( sidoiltinUollice, commerclnUtvur- ist facilities, urban center or industrial; 2. Medium density residential to high den- • city residential, commercini/tourist fn- cilities, urban center- or industrial; 3. • High density residential to comrr?ercial/ tourist facilities, urban center or indus- trial; 4. Residential/office to high density resi- dential; coin nierciaUtourist facilities, ur- bnn center or industrial; 5. Commercial/tourist facilities to urban I-• center or industrial; 6. '-Public/semipublic to low density resi- dentinl, medium density residential, high density residential, residential/ office, commercinUtourist facilities, ur- ban center or industrial; 7. Recreation/open space to any other plan classification or combination of classi- fications; or 8. Any combination of plan classifications to any other plan classificntion or com- bination of plan classifications which permits a more intensive development. (c) Submission. The impact assessment shall be submitted to the development code ad- ministrator simultaneously with the appli- cation to amend the land use plan. (d) Content. As a minimum, the following sub- jects shall be nd(lressed: 1. Traffic and transportation; ' 2. Sanitary sewer capacities; 3. Water supply; 4. Energy; 5. Flood control, drainage and surface wai- ter quality; 6. Air and noise quality; 7. Soil bearing capacities; S. Vegetation; 9. Wildlife; 10. Tax impact; 11. Cost for delivery of public services, in- cluding ,lehools, police, fire, recreation and open splice. The city reserves the right to develop tho form and identify the level of detail which Sapp. No, 10 CD36:18 'i i ' f i ZONING 'fo.2Gl lowing special minimum setbacks are provided: 1. From abutting park vehicular drive easement or, if the drive has no easement, from the outermost im- proved edge of the drive and gut- ter: Additions to mobile homes lo- cated on interior lots shall have a required setback equal to the av- erage of the actual setbacks pro- vided for the two adjacent mobile homes on the same drive, but in no case less than five feet nor more than 7.5 feet. Additions to mobile homes located on corner lots shall have a required setback equal to the actual setback provided for the adjacent mobile home on the same drive, but in no case less than five feet nor more than 7.5 feet. 2. Side and rear: Minimum ten feet from the adjacent mobile home and any appurtenant structures there- with. (5) (Code (c) Any proposed mobile home addition which complies with all special setback and other applicable terms contained in this development code and the build- ing code shall be approved by the build-' ing official and additions to mobile homes may be permitted in accord with such submitted documentation and ap- plicable code provisions. A recreational vehicle or like unit which does not constitute a mobile home shall not be placed in any mobile home park after the adoption of this development code, and any such existing unit made nonconform- ing by this development code, once removed, shall-not be replaced with any other unit not constituting a mobile home. 1980, § 1.35.075) supp. No. 10 DIVISION 14. PLANNED DEVELOPMENT DISTRICT (PD) Sec. 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 topo- graphical 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 provides for interrelated uses, circulation patterns (both vehicular and pe- destrian), building orientations, parking ar- eas, architectural motifs, signs, open spac- es, vistas, amenity areas and like features which positively contribute co the develop- ment or redevelopment area and the city. All land assigned this zoning will requtrv con- cept plan approval by the city commission. Such concept plan shall be reviewed by the cit. com- mission in conjunction with any application for planned development district zoning or rezoning and all development shal) occur consistent with that concept plan as approved by the commission or as may be subsequently amended by the devel- opment code administrator or city commission in accordance with the following provisions. Any amendment involving increases in intensity of use (as measured by residential density or nonresi- dential floor area ratio), increases to strtlUure height, or decreases in setbacks, ot)en sp,.tce, or buffering as shown on the approved concept plan shall be approved by the city commission Other amendments may be considered minor amend- ments and may be approved by the development code administrator, unless determined by the code administrator to be appropriate for commission action. The minimum requirements for cc,ncept plans shall be the same as for Site plans SU111nit- ted for conditional use permit:, as specified its sec. CD40:33 § 40.26 1 CLEARWATER CODE tion 41.031 or for preliminary plats under chapter 46, or both, as applicable, except for master planned development concept plans which shall be as spec- ified in section 40.264. These minimum require- ments may be modified or waived by the city com- mission in considering the application for a planned development district; in particular, the require- ments for the specified subcategories of the resi- dential planned development district may consist of existing plat or ownership documents. (Code 1980, § 135.076; Ord. No. 5511-94, § 1, 1-20- 94; Ord. No. 5836-95, § 4, 6-1-95) Sec. 40.262. Subdistricts. The planned development district shall com- prise the following subdistricts. Subcategories, for residential planned development districts are pro- vided for application to existing single-family sub- divisions only.' (1) Residential planned development district (RPD). Specific subcategories for existing single-family subdivisions or lots may in- clude the following: Subcategory Dimensional and Numerical Requirements RPD-A Maximum density: 1.0 dwelling units per acre; minimum lot area, width and depth: as plat- ted; setbacks, maximum height, maximum building coverage, and minimum open space shall meet the dimensional and numerical re- quirements of the RS-2 zoning district. RPD-S Maximum density: 2.5 dwelling units per acre; minimum lot area, width and depth: as plat- ted; setbacks, maximum height, maximum building coverage, and minimum open space shall meet the dimensional and numerical re- quirements of the RS-4 zoning district. RPD-C Maximum density: 2.5 dwelling units per acre; minimum lot area, width and depth: as plat. ted; setbacks, maximum height, maximum building coverage, and minimum open space shall meet the dimensional and numerical re- quirements of the RS-6 zoning district. Ri'U-D Ataximum density: 5.0 dwelling units per acre; minimum lot area, width and depth: as plat- ted; setbacks, maximum height, maximum building coverage, and minimum open space -t the dimensional and numerical re- shall met quirements of the HS-6 zoning district. Subcategory Dimensional and Numerccu! Requirements RPD•E Maximum density: 5.0 dwelling units per acre-, minimum lot area, width and depth: as plat. ted; setbacks, maximum height, maximum building coverage, and minimum open space shall meet the dimensional and numerical re- quirements of the RS-8 zoning district. (2) Office planned development district (OPD). (3) Commercial planned development district (CPD). (4) Industrial planned development district (IPD). (5) Research, development and office park planned development district (RDPD). (6) Recreational planned development district (RecPD). (7) Clearwater Beach planned development dis- trict (CBPD). (8) Public/semipublic planned development dis- trict (PSPPD)• (9) Urban center planned development dis- trict. (10) Master planned development district (MPD), (Code 1980, § 135.077; Ord. No. 5296-92, § 2, 9-16- 93; Ord. No. 5511-94, § 1, 1-20-94) Sec. 40.263. Establishment; contraction. It is intended that four acres or more be provid- ed to establish a new residential, office, commer- cial, industrial, research, development and office park, public/semipublic, urban center or Clearwa- ter Beach planned development district, that 25 acres or more be provided to establish a new mas ter planned development district, and that 50 acres or more be provided to establish a recreational planned development district, unless a reduced area is determined by ordinance be in the public interest. As an exception to the above guideline, there shall be no minimum area requirements for the specific subcategories of the residential planned development district listed in section 40.262(1) above. Furthermore, it is intended that no exist- ing planned development district be contracted to an area of less than the above guidelines, unless the city commission determines by ordinance that a reduced area is in the public interest. (Code 1980, § 135.078; Ord. No. 5296-92, ti 2, 9-1G. 93; Ord. No. 5511-94, § 1, 1.20.94) Supp. No. 10 CD40.34 3• C 4 . BAY'OINEVII ?lr ?I An Architectural And Historical Inventory of The Built Environment Compiled For And Sponsored By: THE CITY OF CLEARWATER, FLORIDA Charles LeCher . . . . . . . . . . . . . . . Mayor Anthony L. Shoemaker . . . . . . . . City Manager David Healy . . . . . . . . . . Planning Director Chris Papandreas . . . . . . . . . . Chief Planner VIP Coordinator: Connie C. Mudano Research Historian: -- Michael L. Sanders Architectural Historian: Mary E. McCahon Surveyors: Mary E. McCahon Connie C. Mudano Michael L. Sanders Graphics: Connie C. Mudano Clerical: Connie C. Mudano This project was made possible by funds from: THE CITY OF CLEARWATER PLANNING DEPARTMENT UNDER A MUNICIPAL PLANNING ASSISTANCE GRANT FROM THE .. PINELLAS COUNTY PLANNING COUNCIL 5CF J' ,?. SrA•zu? r??lwlo?ftd' Sw,?r rrrup ?r?douSU??cF offi??' art c??' Co P? tsS ti BAYVIE W; A History BY; Michael L. Sanders The history of the settlement of Bayview begins with the meanderin s of an early Pinellas pioneer Captain James Parramore McMullen (1323-1895}3 and his initial journey to Florida in 1841. McMullen was the third of the seven McMullen brothers from Quitman, Geogia who are credited with pioneering much of the present-day Pinellas County.' At an early age, "Captain Jim", as he was known, contracted consumption (tuberculosis) and upon the advice of his father decided to migrate southward to live near water. In 1841 he reached Rocky Point Island near Tampa where h? lived for a year before returning, com- pletely cured, to his home in Georgia . During his one year stay on Tampa Bay, McMullen's boating expeditions took him to a high bluff on the Pinellas side of the bay which formed a lasting impression. Eight years later McMullen returned to settle here sometime in the early 1850s with his wife and family and built a log house just northwest of present day Bayview at what became known as Coachman, Florida. Log houses were common before the advent of sawmills which supplied milled lumber used to build frame houses. Camptain James McMullen, along with another pioneer named Elias Hart, together made up the first white inhabitants of this section of the county. Hart and McMullen were preceeded only by Odet Philipe who settled in 1830 north of Bayview on a bluff now known as Safety Harbor. Tradition holds that Philipe brought the first citrus plants to Central Florida at that time 3. It is believed that Captain McMullen never actually lived in Bayview in the early days, remaining at his 320 acre (half section) homestead at Coachman. But as he began to buy up investment property in the area at .25 an acre, he acquired much of nearby Bayview, the land he so much admired on his initial journey to Tampa Bay. It seemed logical, then, in 1874 that Captain McMullen would decide to found the community of Bayview by applying for and receiving Post Office Status under the name "Bayview, Florida". The Bayview Post Office was in operation from•1875 until it was discontinued in 1909 . But let us retrape for a moment to the days prior to 1874 when Bayview was known as Cow Pen 3. The name Cow Pen refers to when Pinellas Peninsula was an open range for cattle and no fence laws had yet been written into State Law. This section along the neck of the bay was a natural point of departure for cattle w1th its deep harbor, deeper at one time than Clear Water Harbor to the West 13. At that time it was common to herd cattle down through the middle of the settlement to the bay, pen them in the water, and hoist them into boats with straps after w?ich the cattle would be taken to Port Tampa and exchanged for staple supplies . The cattle and fishing industry along with some cotton farming, provided the early staples of Cow Pen. Captain James McMullen took,an early interest in these fields and after serving with five of his brothers in the Civil War, returned to the area to develop a lucrative farm, which he increased yearly in profits and acreage.8 By ca. 1875 an increasing demand for citrus led McMullen to devote more and more time to this new cash crop which soon re- placed cattle and cotton as his main staples. McMullen is credited with designing the first orange crates which were made with three foot boards strapped together with palmetto stems. Prior to this time fruit was either placed in barrels or simply dumped into boats.9 ` ••yr-w??r-wrw.a?? ?"" ^T^ ? i A Y I I E I G N i ." _ 1 r? 9 - 11 111 44 ? • " fir..., :I7.'=.+-: .;I ...i' i• • - ' •Y' ? ti r /? ' •4•' ? J 14 r aa. r w a.w .I . ,? ? .. - •l }i4i•lfA?'• ? •.I.l.?.a .1 ,:, 1;:r{C •.. 7 TIIIJ11N70tj Q fo r", ! r • ' i „r t •5 { -f •' . • ' • - _.... I .. . Fi a-' . . ? : : l-? • '? ??1 `` n {i l . : • w •'< . , l „ r ' I ?" ? E -4 rti • .rrj ?h':f,; is .e= ;!? g , } „ .. _... - ? I ? ? ' • ? ?_ _..?rl I ._ 1.='r.th 1•?''f ?jil C'.. .: ., . ' is •' I 'I o- 1. ? ?.- I ` ?1 1 +? 1 r. ?l?.??1 r'•i'.'7 ' /1'+11 n'r r'•i': r'• • , +?1 ` ?' . I 1 . `?? !11 + i M1 . ' ,?..r t 1,, • r.a•r. •1' 1. ..1 " ? 1 ? I • •,' ?:?'_% ?l:;ri' alp :1' ? 'L .. IT ij ?• { !' ,171'1; !. ?1 •'' ': .t":J? '' ?..' ?' Z. ': t ? . . •w1 1: ? '' 'e ' ' 1 . • • i 9 , i • '.; ,C4, :. y?F 7. • ? ' ' ? .r {.::, ?' ; rt l: , e. `. +. ?: •. .1 ! J f r1. .4f r,? ? ty - 5' ! .; • ''J'!s-r'i''` •. .!" ' • • . ? I \ :?'?!•• ? ")y??•'i r•,`i ?T•??.Z't••1 ''?.?'1_ . Ya ?,} r•'. . ;'.''•=tiµ?. rS ,1 Intl r J .1 a t.''' , •, 1.I w ? • .. : •7 r •T IL r, ? •;.• t t , 4 ,a.E"?+'?i•?' 1 rn+a'77,.1 ' ",'jlr `. i ; i r s r ?: ;i.?;.? ;•; •? i ? :,r:1}'' ' 7 " i ', •+t'•?'!. • ' • ,=• ?, 1.,I jt? ... fr?.?i?.?+4?, f. : :i!f1•• •r' :1: •..rr4 r ir r=te{? ;.i '' t' '? • ' ? ! l' ? ' ' ??' '••, • °' ?I ' 't ' •' 1 ' • , " • - 'a ,r 't tr Ii,• Y'L? = r?r I•je i •1 1 ; ?. .? ??'??, ?.1 .r ,?; s?M ; + .:. .;fd . ,.+r '??K;. r R j ?? •'71 ' Y".I'!':a .kr?i .?; ?i.1 •?ti7 ,-r ol i :; ?{? : t i r } y tIv: ' ? •S 'r? , , t ' l'?' , , ??j• 1 t; :fr rw l;l'y: ?: }, r? 1, 7} '1. i t 1 ,r ?• 'L' ff l ; ' I y . ? ? F ? . ,?l+ .r • '• # 1 ;ti '' ..E;,?, i 1,.??'. :f '•+I' u ,? .f. ,:: ri , ? ? 1a.? (7 , . • «m i Wall 1{• i ,n. • 4P 1'11! 4'r Irr I r??p ? =a7J P Ql 4M1 ? I d rm 4- (p M ? rvID ?In l l a? After Captain Jim founded Bayview in 1874, the tiny village flourished immed- iately. McMullen had already built a wharf and two general stores by this time; a church and hotel soon followed. 11is brother Daniel operated one of the general stores and his first son, Bethel, built the first frame house in 1874 in this section of the Peninsula. It was located near the present day residence at 520 Bayview Drive. According to a tape recording of Mrs. Louise Potter, great granddaughter of Captain James McMullen, lumber used to construct the house came from an old home in Cedar Key, which was dismantled, made into a raft and barged to Bayview where it was reconstructed as Bethel's residence. Bethel McMullen was born in 1845 and had previously helped his father drive cattle to Georgia for the Confederacy. He later became the first dentist on the Peninsula. Educated at the Baltimore School of Dentistry. Bethel McMullen frequently had to leave his large family of eight children to visit his patients. Traveling on horseback, sometimes in a white linen suit, he made housecalls the length aT9 breadth of this Peninsula, accepting whatever his patients offered as payment . In 1885 Captain James McMullen built a second wharf at Bayview and established the Bayview Hotel which enjoyed limited success prior to the turn of the century. From descriptions given by James McMullen's grandson, Early McMullen, the hotel was a two story, twenty room structure with open double tiered gal- leries overlooking Old Tampa Bay. According to McMullen, the building was razed in 1901, but the lumber was used to construct the prest structure, a large two story residence, which stands on the original site' . Before the advent of the railroad in the mid 1880s, Bayview was still enjoying a degree of commercial success. With its deep harbor, steam boats would by- pass Clear Water Harbor plying around the tip of the peninsula to Bayview, where cattle, cotton, sugar cane, syrup, and sweet potatoes were shipped to Port Tampa, Cedar Key and other destinations. In exchange, flour, coffee, and other staples not produced in the area were purchased 14. The complexion of transportation was dramatically altered in 1888 when the Orange Belt Railway was laid through the area. Built from Oakland in Ndrth Central Florida to its terminus in St. Petersburg, the railroad bypassed Bay- view by five miles to the west (Clearwater). Small communities like Bayview which had to ship goods miles to a rail outlet were dealt a grave blow by the absence of rail service. Some communities disappeared as "instant" towns popped up along the new transportation route. This one fact in history accounts for the increased growth of Clear Water after 1888 and for Bayview's decline. Another blow to the economy of Bayview was the Great Freeze of 1894-95. This crippling freeze (.120 Tallahassee, 190 Tampa) accounted for the wholesale damage to Florida"a citrus industry at the time, qpd many local inland areas were equally affected in terms of damaged crops". One bright spot locally was found in the cattle industry. Cattle shipments had helped Bayview in the early years when citrus culture was in its infant years. It sometimes took seedling trees four and five years to bear, and cattle helped fill the economic slack during this period. This'ability to diversify, helped pull struggling communi- ties such as Bayview, through hardships like the freeze of 1894-95 It was this same independent spirit which led the inhabitants of the Pinellas peninsula to fight for and win their freeW from Hillsborough County as Pinellas became a separate county in 1912 . Dr. Bethel McMullen, son of James P. McMullen, although not involved in politics, was a strong voice for Pinellas` independence from Hillsborough County. In 1912 the first paved roads were constructed in the County and a main East-West Wery (now State Road 60) was paved forming the north boundary of Bayview . This transportation route added to the increasing popularity of Pinellas County as an ideal place to visit and settle and helped keep Bayview on the map. This survey focuses on the handful of extant pioneer homes and a church which relates to the original Bayview settlement. Also included in the old Bayview Hotel building which stands today as a large two-story resi- dence overlooking Tampa Bay. It should be noted that the proposed Pinellas Parkway has been planned through this area to relieve the heavy trafAc along U.S. 19 which bottlenecks.at the southern tip of the peninsula . As an outgrowth of this project, a preliminary archaelogical study by Dr. Steven Gluckman, a USF professor, has turned up two significant sites in the vicinity; a dirt and shell midden on the Bayview Hotel site, and an underwater site just southeast of the Bayview Hotel site near the old wharf pilings. In an interview, Dr. Gluckman noted that both of the sites m?r meet the criteria for inclusion in the National Register of Historic Places Further studies should be done to determine the degree of signifigance of these sites. s Bayview also possesses a generous number of giant live oak trees which account in part, for the lasting impression Captain James McMullen received when he returned to settle the area he loved in the 1850s.* The trees played a si ni- ficant role in rovidin a coolie canopy of shade for ear a view an are we wort red sterin2 an ereserving in actor ante with guidelines rom e -i'Ey Forrester. s - L Today, if one chooses to venture off busy and developed State Road 60 to the South.at Bayview Drive, one will find the vestiges of an old community which survives in a relatively unaltered state of preservation. The fact that Bay- view exists at all today, is due to the concentration of McMullen descendents who chose to keep their homes and families in the area which helped to shape the history of Pinellas County. However, time and progress has taken its toll! The future of this environmentally sensitive area, which is one of the oldest settlements in the County, is at best uncertain. What is certain is that it will take more than a handful of McMullens to save Bayview. Preservationists, concerned citizens, and government alike must rally to preserve this most important aspect of the birth of Pinellas County. True concern for the maintenance of these beginnings of our county are of utmost importance and must be preserved as a part of our heritage. Parcel No. 17-29-16-12312-000-0071 MSS' r STATE OF FLORIDA r DEPARTMENT OF STATE FLORIDA MASTER SITE FILE Di7lflon of Archival, Nl,lory ??- Site Inventory Form f=DAHRM Lf l 802 w anspfmen and Re[ordf 05 NSP•SAAA Rov a rq 100 r - Site No. Bethel Presbyterian Church 830= = Site Name Survey Date 820= = Address of Site: Tbornton Rd, $ taulf-To-Bay Blvd. Clearwater FI-3 3520 905= = Instruction for locating 813= - Location; m. Browns Bayv7 ew_ _ less_ the _ north 330 t. ?- ouwivIlion name block no, lot no, County: Pinellas 808- _ Owner of Site: Name: WHEL PRESBYTERIAN CHURCH IN C. Address: 2905 Gu f-:To-Bav B v d., earwater, - 902 = _ Type of Ownership corporate 848 = Recording Date _ 832 w - Recorder. Name & Title: SANDERS, Michael L. (Research Historian) Address: 2200 Gladys Ave. S.W. Lar o i 0 t A r y i, Survey__Sup Mt1DA , C. (VIP inse ttia air F is5ib alit= _ ? Condition of Site: Integrity of Site: Original Use Reli gious 838= = Check One Check One or More Present Use Rel i qi ous 850 = ? Excellent 889= 0 Allered _ _ Bsa= = Dates: Beginning c + 1925_ 844= 863= ? Unaltered do.w 858=- CUfturelPh;ase American 840= _ - ? Orl Ialsite 883 ? F i 858 = tweets et century period 845 = _ = V e r ^ _ n Deteriorated 8638 = n Restored{ }(Dale; ^ }( )858_= F1 Moved( )(Date: ^T >< )858= - Bu NR Classification Category, ildin-ci 916= _ Threats to Site: Check One or More )(ZaningS K ?_ )876= l7 Transportationi X 18713 = K{Development l K K )878= - n FIN H - ? _ K ) Bre = ? Deterioration( X K )878= - n Dredge] H __, ?_ _ x _1878„= n Borrowing( 1(_ _k » )870= ? Olher(5eeRemarks Below): 878= Areas of Significance.- - 910= Significance: Typical early 1900s church form gabled frame roof over rusticated block structure. (Exposed rafters) Entrance is through an English Gothic Tower on the southeast corner of the building. Tower contains two arched wooden louvered windows. Four large lancet windows on the east elevation three on west elevation. Small rose window on rear elevation (south) Asphalt shingle roof. The church has a very active congregation. i -- B Parcel No. 17-29-16-12312-000-0071 2905 Gulf-To-Bay Blvd., Clwr. 33520 ARCHITECT 872 = = BUILDE=R 874= STYLE AND/OR PERIOD Vernacular - 964= PLAN TYPE Rectan ul ar 966 = = EXTERIOR FABRIC(S) Rusticated Block 854= = STRUCTURAL. SYSTEM(S) 856= = PORCHES 942= = FOUNDATION: continuous footin - slab on rad 942= ROOF TYPE: Gabl a 942 = _ SE=CONDARYROOF STRUCTURES: stee le with tower at side crenelated. 942=. CHIMNEY LOCATION: E:offset, lateral slope 942 = _ WINDOW TYPE: Lancet # Lancet with trefoi 1( south elev.) Rose (north 942= -elev. ) CHIMNEY: Brack 882 ROOF SURFACING: Composition shingle 882 ORNAMENT E=XTERIOR: Stai-ned - Windows _ 682 NO.OF CHIMNEYS 1 952 = = NO. OF STORIES 1 950 NO. OF DORMERS 954 Map Reference (incl. scale 8 date) USGS SAFETY HARBOR 7.5 Min 1956 PR _19.69 _ _ 809 = Latitude and Longitude:T T - " 800 = - Site Size A rox. Acreage of Property): B33= _ .,.4 .? u,? vep slhn G,rl.f t0 t'?SY 4 8O ? ti - tl I 'i I• r ? ? ? L I ? I 1 S . J g_ C p0:r[ H; Township Range Section 29 R16E S17 812== UTM Coordinates: 17 331080 3093710 890 = = Zone as mq or mq Base: 34x46x6x6x28x52 A-CAN: 2x8x8x8x6 IPCB10-31 80VIPCBJO-32 Photo raphic Records Numbers 80VIPCBiO-27 ?.elayJ.,-OD-V.I.f'_?810-2g?I&S 860= elevT 80VIPCB10-29( sk elev. ) 80VIPCBI0-30( a.st lev_._)_8??1?g10-31(rne_ _._ window, north elev.) 80VIPCBIO-32(gothic window with trefoil,south elev.) BOVIPCB10-29 Ad" BOVIPCBIO-30 Parcel No. 16-29-16-44824-000-0011. MSF • ,' ST ATE OM FLOAM k { DEPARTMENT OF STATE FLORIDA MASTER SITE FILE U l ..?• DIVI@Ion Atehivet, History Site Y l M Inventory Form w FDAHRM 802= s s ?ne n,pem4trt?n ennd neCO n DS HSX3AAA p., 3.79 100 7_= Site No. MEAOOR HOUSE Site Name 830 = = Survey Date 8009 874= _ Address of Site: , 5]0-Say-view Ave., Clearwater, EL 33520 905- - Instruction for locating W - 813= Location: Lames Survey . triangle o v Tio Tract A _ 868 = subdivision name County: Pinellas ? block no, lot no. 808 = _ Owner of Site: Name: MF DOR Nanc y M. Address: ?51 Ba v ew Ave., earwa er, • 902 = - Type of Ownership ari vats 848 = = Recording Date 832 = - Recorder: Name & Title: SANDERS, Michael L. (Research_Historian Address: 2200 Gladys Ave. S. ar o 1L IIUDANQ. C. (YIP 5urve -5 P r 4 Poinsettia-Road, Be eai r 33516818= _ Condition of Site: Integrity of Site: Original Use pri vats residence 838 =^ Check One Chack One or More Present Use pri vate re.s i dense 850 = EA3 Altered ? Exee - 88B ` - ----- Dates: Beginnin g + 192 844 = Mood 883= = 0 unaltered ese= = Culture/Phase - - 840= Ameri can - 0 F*lr 883 0 arl lnalSite ? M- 858= = Period _ _ 20th Century 845 = - g = = _ n Oeterloraled 883= = ? Restored(( _){Ogle: . . ~ K 1858- I-1 I++toved{ Itl7ale• >! 1958= 9it3 = _ NR Classification Category: Building Threats to Site: Check One or More iZanlnpl >f _^^?-- -y[,?1878=y Transportation{ K K 1878='= [RiKpevelopmentl ?_ M 1878= a 17 Fltl(_1( Its= = [,' delerloratlon; g _ X ) 978= = ? Dredge H 1878= = ? Borrowing{ K -1 B79_ Ihe?(seenamarkaBaluwlP-ending--Pi.nel.las-Earkwa !.678= Areas of Significance: 910= _ Significance: This is the home of Nancy McMullen Meador, historian fo:r the pioneer Mc- Mullen Clan. The house is a frame vernacular dwelling with Colonial Reviv detailing built on a rectangular plan with single story inset gallery supported by Tuscan columns, A later picture windowhas enclosed the right (north) bay of the porch and the South bay retains three earlier windows. Protruding from the gabled roof on the front elevation is an elongated shed dormer containing four square windows. Good house with casually planted landscape 911== B Parcel No. 16-29-16-49824-000-0011 510 Bayview Ave., Clwr. 33520 ARCHITECT _ 872= BUILDER 874 = STYLE ANDIOR PERIOD Frame Vernacular/Colonial Revival detailing 964= _ PLAN TYPE Square, irregular 966 = _ EXTERIOR FAISRIC(S) Siding; dro2 854» - STRUCTURAL SYSTEM(S) 856» _ PORCHES W & E/three one story porches access front E, 2nd• bay and from West 942 = = FOUNDATION: Piers 942 = = ROOF TYPE: Gable _ 942-- SECONDARY ROOF= STRUCTURES : 112 story over entrance ?- CHIMNEY LOCATION: Cgntgr ridge rear-slope _ .42 WINDOW TYPE: OHS 6 942 = = CHIMNEY: Brick 882 _ ROOF SURFACING: Shingle; asphalt (diamond pattern) 882 - ORNAMENT EXTERIOR: 882= - NO. OF CHIMNEYS nne 952= » NO.OF STORIES 1I 950= - NO. OF DORMERS one (shed) - 954= _ Map Reference (Incl, scale & date) USGS SAFETY HARBOR 7.5 Min. 1956 PR 1969 809= _ Latitude and Longitude: t „ n 800 = Site Size (Approx. Acreage of Property): 833= - LULL TO i.a. . SAY VIEW W t+ I > z 3 ThAILER : } PART( 31I low: Township Range Section 29 16 16 812= UTM Coordinates: 17 331510 3093780 890 7o-n• E6111^0 nr ing Base - 14x2Ox36x34x36 A - SPF 8x7 B - EPF 1Qxl2 C - SPF 22x10 D - EPF 804 ST 2 - USL 34x36x34x36 Photographic Records Numbers 8QV1RC81Q-23( _P-l.ey. )80y_1P_CB1Q-24(_ _ 860 elev.) soVtcBlo-2fi(? --Plpv- )_ Contact Prin BOVIPCB10-26 80VIPCBIO-23 80VIPCB10-24 Parcel No.••16-29-16-53892-003-0020 ,.r 1 STATE OF FIOAMA t)EPAA?MtNT OF STATE Dlrlflon at Archl.ra. Nutt" and Pecordf Matnapamenl OS HSP.3AAA Pur 3 T1i FLORIDA MASTER SITE FILE Site Inventory Form MSF PDAHRM 802= = 1009= = Site No. Site Name McMullen House 830= = Survey Date 8009 820= _ Address of site: .509 Bayvie Ave. (Co_unty-bad._L3j_)_Lje_dnjater FL 33520905= Instruction for locating 813= Location: c u ens Bayv ew 3 2_& 1/2-vac: t,.,_ 86B= = subdivision name block no. lol no. north County: Pinellas 808 = = Owner of Site: Name: T E di t M. Address: _509 Bayview Ave. Clearwater_. EL a3520- 902 = - Type of Ownership rp i ya a 848 = Recording Dato 832 = - Recorder: Name & T!tlg SANDERS, Michael (Research Historian) Addres : Z Gladys Ave., ar o MUDANO, C. VIP Survey.-Super.) 504 Poinsettia Rd., Bel l eai r, FL 33516 B18 = Condition of Site: Integrity of Site: Original Use private838= _ Check One I] Excellent 883 Check One or Marc iX Allered 858. 3 XR Good 883= s 0 unaltered 958_ = rJ Fair 889 = = n -Original Site ?T 858 i l Deteriorated 889= = n Festoredl )(Dale: X )858= = Present Useprivate residence850= = Dales: Beginning Ufore 1900. 844.- = (1893-94 Culture/Phase _ Ame ica.n 840= = Period 19th-Century 845= = FJ Moved )(Dale:?X )858= NR Classification Category: Building 916 - Threats to Site: Check One or More XX Zoninp i x H )876= = i Trenspollalron ( }( x 1878 Zr IT Xx Development I x }( )Bloc = i Fill! 1t x 1678= = C. Deterioration( x }( }878= = r-I Dredgel H x 1878= = n Borrowing i 11_ _ H ^ 1878= = EI-Other (See Remarks Below): 870= c Areas of Significance: 910= Significance: This picturesque vernacular house is one of three oldest in Bayview and might be the oldest, according to Nancy McMullen Meador (inter- view 9/11/80). Four McMullen daughters were born in the house; Nancy Meador, Angeline Elizabeth, Dorothy Agnes & Faith Caroline, the oldest bein born here in 1895. This places the construction date at 1893 or 94. The structure with its broad central cross gables was moved to this site from the nearby Highway 60 area in the 1920s at which time an open wrap-around porch was removed. The present pent-roofed screened porch, smaller than the original, was added at that time. Other additions include a gabled wing on north elevation and lean-to addition on south elevation and'east elevations. Drop siding on original structure, and on the north addition which has its own gable entry porch. A chimney occurs at center ridge of main building. Exposed composition roll roofing material reveals earlier cypress shingle roof on lorth wing. Main house has tin roof with cornice returns on gable ends. ----- - 911 - _ B Parcel No. 16-29-16-53892-003-0020 ARCHITECT 509 Bayview Ave., CB 33520 BUILDER 874 = = STYLE AND/OR PERIOD Picturesque Vernacular 964= = PLAN TYPE _ Irregular 966 = = EXTERIOR FABRIC(S) Drop siding, tongue-in-groove siding 854= - STRUCTURAL SYSTEM(S) Frame: wood 856= _ PORCHES W & E I two one story screened porches, access From w st and mast 942 FOUNDATION: Piers: brick 942 = _ ROOF TYPE: Gable with rgturns 942 = - SECONDARY ROOF STRUCTURE(S): Cross Gables 942 CHIMNEY LOCATION: Center ridge 942 = WINDOWTYPE: DHS 3/1 942= _ CHIMNEY: Brick with corbelled ca 882 = ROOF SURFACING: corrugated metal, composition roll cypress_shin ale8 2= - __. ORNAMENT EXTERIOR: 882 = - NO. OF CHIMNEYS 1 952 = = No. OF STORIES 950 NO. OF DORMERS 954= Map Reference (Incl. scale & date) USGS Safety Harbor_ Z.5 MU"956-PR 1969 - 809 Latitude and Longitude: , - 800= Site Size (Approx. Acreage of Property): 833 LLOCATION SKETCH OR MAP N . t?• s a WJL' ?' BAY A n A Y V 4+E W TR.:ILCR Cr ?• to ' 1. . r PARK ' R f _ s t? e. •w w, f4 f..:i A. ..w.ti ?. .-.Z ?• 4? . • .l'?.• ', Man Township Range Section T29S R16E S16 UTM Coordinates: 872 = = 812 - 17 331540 3093790 090= Zane 8B-EPF ia n 9x7 0, 1n9C-SPF 9 9x29 A-SPU - 7x13 Base 12x8x3lx9x10xl4x10xlxlx42xl6 Photographic Records Numbers aQY- Cf310-2(so.W.-e1Pv?RQ.SUerIi1(1-'A(no- RW860= elev.) 80VIPC610-4(soTw. elev.) 80VIPC60-25 g uRper_.._apt_) (south elev-.? 80VIPCB10-25 i I Parcel No. 16-29-16-53892-003-0030 MSF DEPARTMENt OF STATE FLORIDA MASTER SITE FILE Oht e, Nmory 8" Reco R?toods Unnepem*M Site Inventory Form FDAHRM = - 802 0844SPJAAA May 3,79 1009= Site No. Site Name MC MULLEN, Earl HOUSe 830= = S rvey Date 8009 - - 3 820= _ r TL 3 20 Address of Site: 517 a view venue Clearwale 945- = Instruction for locating 813= Location: c u ens a vi ew d 86 = subdivision name block no. lot no, 0 County: Pinellas O - (] Owner of Site: Name: C MUELEN, aarly J. r. Address: 517 Bayvz ew . Avenue, _ , e_arwa_ er, FL 33520 _ 902= Type of Ownership pr7 ya a 848= = Recording Date 832= Recorder: Name & Title: SANDERS, Michael (Research Historian) Address: 2200 Gladys Ave. S.W. Largo, FL 3 fU MUDANO,,C. VIP uryU --upe-r504 Poinsettia Rd.,-Bell,eair,_FL 33516 818== Condition of S(te: Integrity of Site: Original Use private resjden ce83B=_- Check One Check one at More Present use private resi dente 850 = -- ? Excellent 853x = A?Altered 858= H Dates: Beginning - 844- - = 0 Unallered XXGood aa3= 155E- = Culture/Phase Amen can _ 840= T - ? Falr_ 883- = ? original slta -858= = Period _20th cel3t;ury 845= 17 Dalerlorated 983 tz r t1 Raslored) )(t)ale: x )858. = ? Moved( )(Onw x )858_= - NA Classification Category: Building 918= _ Threats to Site., Check One or Mors Xj onln;q_m K_1_1 18_= n transportation( K N )879== 9KDevelopment( X H )8_78= = 171 FIN X K .)!978_= ? Deterioration( X H 1378= = n Oredge{ R H )B78= - ? BanawtnflC_lt N )ara - _ ? Other (see Remarks Below): 878 - Areas of Significance: 910= _ Significance: Built by Thurlow Samsbury in 1925, a postal employee, this has been the home of Bayview pioneer Early McMullen for the last 33 years. This multi-gabled l li story bungalow with its long upper sleeping loft is more typical of Tampa Hyde Park architecture and unusual for this side of the bay. The bungalow was built on a long rectangular plan with second story set inside framework of the main roof. The second floor has a serif of sashed 3/1 windows (7) with gabled roof with exposed rafter ends. Mair floor has rafters and a gable end with brackets. Original siding covered with asbestos shingles. Massive brick chimney occurs on west elevation with over one half of it free standing. Entrance to house is through gabled porch with truncated columns on the south elevation. Porch fits under main roof creating a three tiered roofline. _ 911 = _- 8 Parcel No. 16-29-16-53892-003-0030 517 Bayview Ave., WIR 33520 ARCHITECT 872 = = BUILDER 874 = = STYLE ANDIOR PERIOD Bungalow 964= = PLAN TYPE Rectangular; Irregular 966= = EXTERIOR FABRIC(S) Shingle; asbestos 854- _ STRUCTURAL SYSTEM(S) wood; frame 856= _ PORCHES S/ one story screened porch, access froin west side bay 942 = FOUNDATION: Piers 942 = ROOF TYPE: Gabl a gat = _ SECONDARY ROOF STRUCTURE(S);___Upper 1/2 story roof (gable); gable rooig42= CHIMNEY LOCATION: W: offset, front slope OT POM 942= - WINDOWTYPE: DHS 3/1 942= CHIMNEY: Brack 882= = ROOF SURFACING: Shingle; composition 882= ORNAMENT EXTERIOR: 882 = = NO. OF CHIMNEYS one 952= = NO. OF STORIES 1!5 950= NO. OF DORMERS 954 = Map Reference (incl. scale & date) USGS SAFETY HARBOR 7.5 Mi n 1956 PR 1969 809 = - Latitude and Longitude: • 800= - Site Size (Aaorox. Acreaae of Pror)ertv): 833= _ ?I 'I i .I r 3` \a HI Ylts 25. g FfA) vILk% TRAILER PAR x'3 ?f.11{ TRACF L `.`A} P• Township Range Section 29 16 16 812- = UTM Coordinates: 17 331550 3093760 890 one .t ma 17110170"o Base - 30x48xl2xl8x48 A-OPF - 10x18 ST2-USF - 16x30xl6x30 Photographic Records Numbers 80yjp-Ca 14-(esajj_e.j_e )_. 0V1PCBl0-9(east 860= elev) 80VIPCB10=10 south elev.) 80VIPCB 0-11 (south elev ?T e r. ? t?V J C (n man 2.1 I_--- IC tae BOVIPCB10-9 80VIPCBIO-10 80VIPCBIO-ll Parcel No. 16-29-16-49824-000-0030 MSF STATE OF FLORIDA DtFAATMENT OF STATE FLORIDA ((MASTER SITE FILE J Oldelon of ArChIves, Hl,tory Site Inventory Form FDAHRM 802 aN PoWdo Monagemanr Ds NSp•3AAA nftr 342 100 w Site No. Site Name 830 -" Survey Date 8009 820 _ Address of Site: 520 Ba view Ave. Count Rd. 3T learwater,T>"L 33520 905= - Instruction for locating 13= Location: ame s Survey rac 68= _ subdlrlslon name block no. lot no. County: Pinellas County 808 Owner of Site: Name: BOWMAN,.,. Helen I .,- FTAL Address: 520 Davv i e a ter. 3FL 336 yUL = Type of Ownership private 848 Recording Date 832 ti = Recorder: Name & Title: SANDERS, _ Michael ? Research Historian) Address: 2240 Glad s? vt., S. W. Lar o FE-33540 MIIDANO C. VIP Sruve Stier- 04 Po' Bo.. Be1leair_.EL33515_818= Condition of Site: Integrity of Site: Original Use rivate 838= _ Check one Check one or More Present Use Private res i denc850 = - r3 Excellent 889= X)O Altered ^ ^ ?? ? 058?? pates., Beginning +A25- 844 = - XXGood 883= = i7 unaltered Culture/Phase American 840= _ _ _ lnal Silo T ^ - tT 663 ? Orl l-! F 658= Period 20 t cen ur 845 = - = = g s _ ^ n Deterlorated _ 863 = = 171 Restored.( -) (Dale: - 9 )858= I] Moved( )(Date: x )858= = - NR Classification Category-Buildin g - 916= Threats to Site: Check One or More XXZonlnp(?xY -.--_x. )878= €7 TransporlaNont_x .. - - .? X )878= = XXDevelopmentt X X -__ )8_78= = i?1 Fill( N x_)876= = )0 I.`1 Delerlorallonl x? )878= - n M Y _)878 = - i, Borrowing( A. )878 C3 other (See Aamarks Below),?- --- _ ?- _ _' 878:z Areas of Significance: 910 = = Significance: This house incorporates lumbar from Dr. Bethel 11cMullen's homestead which was the first wood frame house in this section of the coon built ca. 1874. The present structure which replaced the original house in 1925 is the only boom time Mediterranean Revival house in the immediate Bayview area and one of the best architectural structures of its type in the county. The front elevation of the house is comprised of large styliz horseshoe arches which make up the porch area. A parapet roof with single row of Spanish tile occurs on the porch roof and main roof of the house which is built on a rectangular plan. A centrally located mission-style frontispiece on the front elevation is a notable feature of the dwelling. Arch-framed windows with radiating montons occurs on all elevations. An attached porte-cohere with similar arched driveway and parapet roof•accurs on south elevation. 911 = = B Parcel No. 16-29-16-49824-000-0030 520 Payview Ave., CB 33520 ARCHITECT 872= = BUILDER 874 = = STYLE AND/OR PERIOD Mediterranean-Revival 964 = = PLAN TYPE Rectan u1 ar 966= _ EXTERIOR FABRIC(S) StUCCO 854 STRUCTURAL SYSTEM(S) Wood frame ^T 856= PORCHES E & W12 one story screeeed por_Cf1es_. ache 5 side hay tin pact. middle bay on west 942- _ FOUNDATION: Piers 942 = _ ROOF TYPE: Flat with Spanish Tile 942- _ SECONDARY ROOF STRUCTURES : Gal r h 942 = = CHIMNEY LOCATION: _ 942- = WINDOW TYPE: DHS 6/6 fanlights with glass 942= _ CHIMNEY: 882- ROOF SURFACING: Cement Tile ORNAMENT EXTERIOR: Metal (exterJar -Lj,gbtinn f?xt__••_. _._ _ - 882= _ NO. OF CHIMNEYS 952= = NO.OFSTORIES 2 950= = NO. OF DORMERS 954= = Map Reference (Incl. scale & date) USGS Safety boor 7 3-M 1956 PR 1969 609= = Latitude and Longitude: ,r 4 rr 800= = Site Size A rox. Acreage of Pro ert : 833 = - rrs S - • :Jl? 1. - 3RT ?..- A . w ` X73 `OIL • ' "? B AY V ICE W i ? > 2 3 TRAILER ' ti cc ' uT • .. r PARK C,1 fw • I? f. ?? '41 'ti Township Range Section T29S R16E S 16 UTM Coordinates: 812= 17 331540 30935 890 zone AMDnq hr nnp Base 14 x 25 x 16 x 16 x 5 x 34 x 32 A-SPF - 10 x 24 B=OPF - 4 x 16 C-SPF - 10 x 30 ST2-USU - 39x32x39 x32 OPF - 80 CPF - 16x11 r Photographic Records Numbers 80VIRCB10-12( _ elev.-) 80VIPCBIO-13 860- _ el evi) -T - Parcel No. 16-29-16-53892-006-0020 STATE OF FLORIDA DEPARTMENT OF STATE Dlvl,ton of Atchlve,, HI,tety find Awards Manoponlrnt D3_HSP•3AAA Rer 3.79 FLORIDA MASTER SITE FILE Site Inventory Form HOUSE MSF FDAHRM 802- = 1009 = = Site No. - - Survev Da Site Name HAMPTON- HARPHAM Address of site: 603 Bayview Instruction for locating Location. subdIvIalon natne county: -Ri nel l as Owner of Site: Name: MC. MU , ar Address: 603 Day-view Ave.. Type of Ownership 848 Recorder: Name & Title: SANDERS Michael Address: 3301F-Gladys ` Ave., S'j MUDANO. C. (7113 Survev Suoer. 504 Condition of Site: Integrity of Site: block no, lot no, 808 = - .. r. urice J. ETUX VVL = - - - Recording Date 832= _ Research Historian) 1.1. 1 U 1\V • , L Original Use Check One Check One or More VatC Present Use p? residence 85D = ? Ettcetlent 883 ? a11lered 8'8--=--' _ Dates: Beginning + _ 844 = = ?Good 863= ? 11 Unaltered 858= - Culture/Phase Anier i an 840= - Malr 86:1 = ILII al$It@ n 858 Period 20t century 645 = - _ L ? 0 Deteriorated 663= = n Restoredl ){bale: X ' )85_8= _ ri Movedt )(Dale' X - )858= - NR Classification C _ Building ategory: _915- Threats to Site: Check O ne or More Kxzoninq ( X S )878= _ KXDevelopmen! ( _? _ _ ^T W II -) 878 = = Deterioration( H __ }( )878- - i7 Borrowing ( 1I _ _ _ _ 1t ) 878 = - IVX D2 her(5ee Remarks Below): Areas of Significance: 910 Significance: This charming picturesque L-shaped vernacular house was built by a Bayview pioneer, Dr. Hampton, who had a grove where present day Eisen- hower Jr. High School stands. (Interview with Early McMullen at Bayview on 10/14/80) Built in early 1890s.according to Nancy McMullen Meador the house was bought by Blanche McMullen, daughter of Bethel McMullen. After Blanche owned it an Emily Harpham lived in it for c. 50 years (Early McMullen inter view). Architectural evidence points to it being one of two oldest extant structures in Bayview. The one story structure appears to have been conve ted to 1-1/2 stories in early 1900s. The gable ends have deep recessed returns and a centrally placed dormer cuts through eave of roof on front elevation. Dormer was later addition. Hipped roofed front porch wraps tw elevations (partially enclosed) and is supported by later Tuscan columns. Step shoulder exterior chimney on south elev. does not pierce ridge. Awni windows ruin integrity of otherwise notable structure. f7 Transport(ttion( K N 1878= = FiN n Dredge(?? _ ^_?_ H 1878 911 = - _ B Parcel No. 16-29-16-53892-006-0020 603 Bayview Ave., CB 335x0 ARCHITECT BUILDER STYLE AND/OR PERIOD Picturesque Vernacular -- PLAN TYPE --L-shape _ EXTERIOR FABRIC(S) Siding, dropped; Siding, tongue and _uou, STRUCTURAL SYSTEM(S) Wood, frame PORCHES west & south/ one story porch _?lrcesS?rQtut f f rst hay 872= _ 874 = = 964= 966 = = 854= = 856= = 942 = - FOUNDATION: Piers: concrete block 942 = = ROOF TYPE: Gable; -cross gables with return 942 = SECONDARY ROOF STRUCTURE(S): Dormer; gable 942 = = CHIMNEY LOCATION: south end exterior 942= WINDOW TYPE?: Awning;_ metal 942= CHIMNEY• B 882= ROOF SURFACING: shingle; asphalt 88; _ ORNAMENT EXTERIOR: 882= NO.OF CHIMNEYS 1 952= = NO.OF STORIES 1r 950= = NO. OF DORMERS 1 954= = Map Reference (Incl. scale & date) USGS SAFETY HARBOR 7.5 Min. 1956 PR 1969 809 Latitude and Longitude: ° 800 Site Size (Approx. Acreage of Property): _ 833= H OR MAP C;' 812- _ W 1 of, _ 3.,, 00 a 4 C p, f?• . ;', 1 1m; DAN VILW rHAfLCR pr'RK -2 TRAcr A _? 3 ? V GQ N T1er g Township Range Section 29 16 16 UTM Coordinates: ] 7 33, it 3f19? n - - 890 ?onG M mpi nnq - - Photographic Records Numbers 80VIPCBI0-5( elev.) 80VIPCB10-7( 860 elev. 80VIPC13I0-8 elev. L.$9Y?E 1 ? ( el.e ') 80VIPCBIO-16 Parcel No. 16-29-16-00000-024-0000 NoMSF OEPARTMENTOFSTATE FLORIDA MASTER SITE FILE DI*INdh of ArChI,06, Hlflery Site Inventory Form FDAHRM Wr l 802= = en*p,m*n @nd FWarde 03 HSP•3AAA Rev 3 74 100= = Site No. Site Name 830 = = Surve Date 8009 20= _ i?14 Avenue. a ater, EL 33 20 Address of Site: 605 Ba Say = _ Y instruction for locatln Lea Meets & Bounds 2 - So. 1 acre o that t 9 1 ract esc . N 4 as lot be 399.3 f o N.W. corner o a run 5 320 81 == Location: deg. E 317 , 6. ft BS) 64,0 EGW 274.56 ft S 640 _ _EG4l ¦ubdlvblon name block no, lot no, County: _ Pinellas,_ _ 808- _ Owner of Site: Name: IAYLOR. Homer G. Clearwater. FL_3352 pw Ave, , Address: __ 6QfLjjayyi , .. ._ 902= Type of Ownership private _ _848 Recording Date 832= _ Recorder: Name & Title: _SANDERS, Michael L. (Research Historian) Address: 2200 Gladys Ave.,, S.W., Largo, FL_335 ,1 504 Poinsettia Rd._,, Belleair, FL 33516 vey SupQr MUDANG_ C-IVTPSur 818= _ . _ Condition of Site: Integrity of Site: Original Use pri mate ,residen ce 838 = Check One Check one of Mors Present Use tzr_Z ya te_res T deuce 850 = ? Exceltenl 863 Alleled M 858= = Dates' Beginning + ]918 844= _ KXGood 883= - f7 unaltered 858== Culture/Phase _ American--- ? 840.- - ? Fa1r 883= _ ? Original Silo 85a= = Period 20th century 845= _ n Deteriorated 863- - ?} Restored( }(Dale: 1[ }058=_= 0 Movedl )10210: x 1858 = 1 NR Classification Category: Building 916- - Threats to Site: . Check One or More ribed XiiCi Zonino_? ?BT6tt = f7 Transportallonl X K 1878= _ n Development{ x -_ K IA78>r = ? Fill( x_ __ + ---- _ K 1e76= - ? Delerloratlonl X X )678= = i_] Dredge K K 1878 ? Borrowino( X _ K )078= = R otherlSeeRemarksBelow): Pe?di?gt _Pinella5 ParkwayB?B Areas of Significance: 910= _ Significance: This vernacular house, while not one of the earliest in Bay- view, contains lumber from the general store built by Capt. James P. McMull as part of the original settlement of Bayview, Fla.; around 1875,'according to Nancy McMullen Meador (interview 9/11/60) The wood siding was stuccoed in the early 1920s giving the house a more youthful appearance than its vernacular cousins along Bayview Ave. The one story gable ended cottage has an inset gallery, screened on the south elevation. Stuccoed square columns and a plain balustrade support inset gallery. A recessed six-panel window occurs under the bracketed gable on the front elevation, Vlean-to carport supported by smaller square columns occurs on the north eldvation. Roofing material is diamond pattern asphalt shingles. 11- B Parcel No. 16-29-16-00000-024-0000 606 Bayview Ave., Clwr. 33520 SECONDARY ROOFSTRUCTURE(S): Porch (inset gallery) . 942- = ARCHITECT 872 = = BUILDER 874 = = STYLE AND/OR PERIOD Vernacular 964 = PLAN TYPE --Irregular; i.I"I eaul ar_ 966- -- EXTERIOR FABRIC(S) Stucco 854 - STRUCTURAL SYSTEM(S) --- YD-o-d 856= PORCHES E/ one inset gallery, open, access from E 1st bay -? 942 - - FOUNDATION: Piers, Block 942= = ROOF TYPE- rzghl g _ 942 = - CHIMNEY LOCATION: W: offset, rear-slope - 942 = = WINDOW TYPE: DHS 12/1 942 = = CHIMNEY: 882. ROOF SURFACING: Shin 1 e, as halt diamond pattern)-- 682 . = ORNAMENT EXTERIOR: 882. _ NO.OFCHIMNEYS one 952= = NO. OF STORIES one 950= _ NO. OF DORMERS 954= Map Reference (incl. scale & date) USGS SAFETY HARBOR 7.5 MIN 1956 PR 1969 _ 809= Latitude and Longitude: 1 800 = - Site Size (Approx. Acreage of Property): 833 = - I Its •.11 GULF TO bA' co*A 9AYVICE W ?RAILER 4 ? JL PARK -•? S Ci I/?.?TIR 1 Township Range Section 29 16 16 oordinates: UTM Coordinates- 812= = 812 = 890 - T qne as;nq 19 a. wo BOVIPCB 7' •:-' f t , !?.S_Ti}*l? -nr.a. c ' •[. R'L-_?I ?ll']7 - i iii i?-. _ ¦ ¦' Photographic Records Numbers 80VIPCBI0-14( _ e.]_ev?) 80y2CBJ0--15( 860= elev.) BOVIPCBI0-17( elev.) 80VIPCB elev.) 80VIPCB elev. BOVIPCB10-17 80VIPCB BOVIPCBID-14 80VIPCBI0-15 Parcel No. 16-29-16-00000-026-0000 NoMSI= 4,.., STATE OF FLORIDA DEPARTMtHTOF STATE FLORIDA MASTER SITE FILE Dlrl}IO Ft: otdmaArchival. n?grm?nl and emQo IN Site Inventory Form FDAHRM 802= = . DS.+I.110JAAA R.. 3 19 1009 = = Site Name TOWNSEND HOUSE _ 830= Site No. Survey Date 820 = - Address of Site 714 Bat+yj eel e.. QlearwatCC3 FL 33520 905= InItrutlon for locating Legal - Meets & Bounds Be 2t. S AS ea- W & 50 ft. di s ant & S 22 deq. E 18?t.from the SW COR of Bl ocjs 10_ Map_ _of dayyj ew 613 = - - Location, Run 5.? 68 deg - W 78 ft, to hi9b Water mark on Old a Bay 869= subdivision name block no, lot no, County: N1nei ias Owner of Site: Name: ?R41EY f? thy - Address: 714 Bayview Ave., Clgarwater, FL_ Type of Ownership private 848 = = Recording Date Recorder: Name & Title: SANDERS, Michael L.-(Research Hi stor Address: X200 Gladys Aye,_,_ S,W. , _Laurgo,_ FL 3540 Condition of Site: Integrity of Site: Original Use ian Check One Check One at More Present Use dt^i yntp rp-i de nrP 850 = = Excellent 883= Altered }- 858 _ Dates: Beginning ± _1920,_ 844 )a Good 083=_= 171 Unaltered _ 858 Cuitu a/Phase American 840= - _ inal Site ? Ori n Fair 883 e5(1- Period 20th century 845= - g = ? Deteriorated 683= = n neataed(_)(Oslo: _x _ )05_8= I] Moved( )(Dale: x )856= - NR Classification Category: Building 916= - -- Threats to Site: Check One or More X-XToning( N_ H 1878_- 0 Development( H H 1878V1 ? flelerioralion( }(?- H }878s ? BorrowInp 1 N } 078 fir 17 Traneportetlon( K_ -- y{ )878 - V3 Flit( H H 1878_ = i? Dredge( H X_1878 KAOther (See Remarks Below): 078 Areas of Significance: 910= =. Significance: Modest single story frame vernacular cottage with additions to north and south elevation. Main structure retains sashed 4/1 windows. Windows are jalousied on south addition. Makeshift lean-to additions on west elevation with sashed 2/2 windows. A flat roofed carport supported by square narrow columns. No particular significance other than having been earlier Bayview structure. As mentioned in the History of Bayview accompanying this report, the whole town of Bayview is threatened by the pending Pinellas Parkway which has a bridge across the bay that would,be anchored on the north over the town of Bayview. - 1 911 = - ,., .... Parcel No. 16-29-16-00000-026-0000 714 Bayview Ave., Clearwater 33520 ARCHITECT 872 = = BUILDER - 874= STYLE ANWOR PERIOD Frame Vernacular 964_ = PLAN TYPE -_ Irregular-, _ irregular _ 966- = EXTERIOR FABRIC(S) - Siding, tongue and groove # Drop 854= STRUCTURAL SYSTEM(S) Wood; frame _- 856 = = PORCHES 942 = = FOUNDATION: Piers, block 942 ROOF TYPE: Gahl - - •---.. „ _ _?, 942= - SECONDARY ROOF STRUCTURE_(S) 942 CHIMNEY LOCATION: North: offset, rear slope T 942= WINDOW TYPE: DHS 4/1 94" - CHIMNEY: Brick - -- - -- - ROOF SURFACING: Composition Roll 882= _ ORNAMENT EXTERIOR: _ 8B2= = NO, OF CHIMNEYS one - 952= - NO. OF STORIES one_950= - NO. OF DORMERS 954= Map Reference (Incl. scale & date) USGS SAFETY HA060R 7.5 MIN 1956 PR 1969 809 Latitude and Longitude: - 800= Site Size (Approx. Acreage of Property):- 833= - Contact Print Township Range Section 29 16 16 812= 890= zone a, in0 of ing - 80VIPCB10-21 BOVIPCB10-22 MSF .` STATE: OF FLOn104 C!?ApTMKNTOFSTATE FLORIDA MASTER SITE FILE Division of HislaN and Mcar?ordd d? Llan,p,moml ?nr Site Inventory Form OS•H9PJAAA Rr• 3 T9 Site Name BAYVIEW HOTEL SITE 830= Site No. Survey Addreae of Site: Instruati n for locating -travaino wPS#? g Campbell ausewa take d ad on the left Location: and . yo scut to the en o the roads Fi= bu_ i l di ng i subdivision name block no. County: Pinellas Owner of Site: Name: = Edward J. & Diane UK Address: _ 725 Rsiyyi gW Avenue, Bayvi ew, Clearwater, (believed to be owners, county tax records area clear _ Type of Ownership- private 848= Recorder: Name & Title: 58N ERS., Michael L. Address: 2200GIadys Ave.,_ S.W., L Recording Date raroo Condition of Site: Integrity of Site: Check One Check One or More ?;Eacetlent 863= = IXAltered 8_58_= _ ? aocd 663= = 0 Unaltered _ 858 N_ §4(Falr 863 = = ? Original Site B58= ? Deteriorated e63= = ? Restored( )(Dale: X )838= _ FDAHRM 802= _ Date 8009 20= w 90-5 on left no, storian L a Ka. tse t l eal r I-L 33t) 10010= = Original Use 838 = = Present Use nri v 850 = = Dates: Beginning +1() 1 (1918)844= = Culture/Phase American__ 840= Period 2Qfh r_entll>;y 845 n Moved( )(Dale: X )858= 4 here. The twenty room hotel stood until 1901 when Bethel McMullen, son of NR Classification Category: Building Threats to Site: Check One or More xixi Zoning( X X )878= = Tran5pr)rtallon( X X )878z.= )i Develo9menl( }( _ K )878= = 0 FIII( X K )678 =. ["O Delerlorellon( K X )878= = i? Dredge( X )878= = 0 Borrowing( X _ _X_)878= = Other(5ee Remarks Below) PerLd i ng_ Pinellas Parkway a78_ _ Areas of Significance: 910= Significance: This beautifully sited two story house overlooking Tampa Bay contains lumber from the Old Bayview Hotel built in 1874 on the same site by Captain James P. McMullen. Camptain McMullen started Bayview the same year building a nearby wharf, church, school and establishing a post office Capt. James McMullen, tore i't down and built this house. It survives, drastically altered, but retains original massing and some detail. The house, now stuccoed, contains the original sashed two over two windows wit plain surrounds. A double-tiered gallery on bayside has been compl4tely enclosed with stucco and metal casement windows. An exterior brick chimne on West elevation has also been sutccoed. The house is more notable as an historic site than a preserved structure due to its wholesale alterations. Dangerous dogs and fence around property hampered my research on this structure. (NOTE: Tax Parcel No. believed to be 16-29-16-83106-000-0041, records indicate building may have been moved from one tract to anothe•) (would have ton-hhAV r to be sure) 911 - - B 725 Bayview Ave., Clwr. 33520 ARCHITECT BUILDER Bethel Kftl l en, son of Ca.pt_,_ James P . McMull STYLE AND/OR PERIOD Frame Vernacular PLAN TYPE Rectangular; irregular EXTERIOR FABRIC(S) Stucco STRUCTURAL SYSTEM(S) Wood f e Two enclosed .. 5 / two story en ,]nSed_fl?? a PORCHES 872 = = en .? 874 = = 964= = 966= = 854= = 856= = rrp?c frnm cnuth - 942 = = FOUNDATION: Piers 942= = ROOF TYPE: Gable 942= - SECONDARY ROOF STRUCTURE(S): 942= ridge CHIMNEY LOCATION: W; end exterior 942= -- _ WINDOWTYPE: DHS 2/2 T 942= - CHIMNEY: Stucco over brick _ 882= ROOF SURFACING: Composition rolled 882= _ ORNAMENT EXTERIOR: _ 882= NO. OF CHIMNEYS one 952 = = NO. OF STORIES two 950= NO. OF DORMERS 954 Map Reference (incl. scale & date) USES SAFETY HARBOR 7.5 Min. 1956 PR 1969 809 = Latitude and Longitude: • ., 800 = ;Its Siva (Annrox. Acreaae of_Proner_ty1- 833 Township Range Sectlon 29 16 16 812. UTM Coordinates: 17 331710 3093440 890 Zonn-kaz onn m .np Photographic Records Numbers 80VIPCB lwest__elev-_ from-rear) _866= _ MIKE -- (West elev.) a „rr ,i 1 « ^ i i , .r y$ e f,, v A N % CP 29 r ?., 'W +F '???• ,?? ' 1•';x,1, Contact Print 1 Parcel No, 16-29-16-53692-003•-0010 5TA7E OF FLonIDA DEPARTMENT OF STATE dl,hlon of Archival Hrflefy and nacmdo Managen,e++l OS HSP•7AAA Pow 3 77 FLORIDA MASTER SITE FILE Site Inventory Form NoMSF FDAHRM 802= _ 1009 = _ Site No. Site Name 830= = Survey Date 8009 820 = Address of Site: 30_1Gul-L-D-Gay_ Blvd, Clearwater, EL 33520 905= = Instruction for locating 813 = Location: do 3 1 & 172 vac. street 868 = = subdivision name block no, On north tot no. County: Pinellas ___.•_ 808= = Owner of Site- Name: --MEADOR. R.R. •,•„_,• ' Address: 510 Bavv7 ew Ave., Clearwater, 832 = 818= - Condition of Site: Integrity of Site: Original Use 'd C 838= Type of Ownership Drivate 1546= = Recording Date Recorder: Name & Title: MUDANO, -Connie (VIP Survey Su ervisor Address: 504 Poinsettia Rd. , Belleair, FL 33516 F] 8orrawing{ K __ _ N ?(A}b1her(See Asmarksselow)-_Pending Pinellas Parkwa3mj _ _ Areas of Significance: Check one Check One or More Present Use p3-jVBtP r!?S'1 de 6850 = = r1r ? Eflcellenl asa= r= Altered ass= = innin Dates: Be 925 L 844- _ g g ±J _ ? Good 863a = (J unaltered- _ _- __ a58 Culture/Phase American 840 = - n Falr 883= _ ? _OriglnalSile_ Period 20th century 845 = - Xgl Delerloraled ^ae3 T T ? Restated( 110ale: -}(_ }858=-- n Move( )(Date: ... - H I858= NR Classification C ategory: _Rijilding_ 916= = Threats to Site: Check One or More xrx-Vaningl_x x _ )878= F I Transportation{ K-- K }878= _ ? Developmentl gW K 1878= n Fill)( K 187.8 _ M Delerlorotlonl 11 N 1{ )878=? n Dredged 1878=-= Significance: Built prior to 1940. purposes only. Sri GU4r 70 qA7 BAYVtEW ?- r A > TRAILER 1 .,. ' ter- N 4y PARK j !ut a-A7t..r k .•. r aft ._ T 2 'c •• yA,,.,; 1 T I A t T AS t 1 +ytl ' 910 = = Included in report for historica BOVIPCB33-7 BOVIPCB33-8 911= - B S Parcel No. 16-29-16--53892-003-0010 3015 Gulf-To-Bay Blvd., Clwr^.33520 ARCHITECT BUILDER STYLI= AND/OR PERIOD PLAN TYPE ar EXTERIOR FABRIC(S) Wood: si di n STRUCTURAL SYSTEM(S) Wood frame PORCHES one screened porch across front, 1 screened porch on 872 = = 874 = = 964= = 966= = 854= 856= = 1/2 of rear elevation _ 942- - FOUNDATION: Piers 942- = ROOF TYPE: Gable 942 = _ SECONDARY ROOF STRUCTURE(S); 942 = - CHIMNEY LOCATION: 942 = WINDOWTYPE: 942= CHIMNEY: 882 ROOF SURFACIN G:_ Rolled Roofing---- _ 882= _ ORNAMENT EXTERIOR: _ 882= NO. OF CHIMNEYS _ 952 NO. OF STORIES one - - _ 950= _ NO. OF DORMERS ? 954= Map Reference (Incl. scale & date) USGS SAFETY HARBOR 7.5 Min 1956 PR 1969 - B09= Latitude and Longitude: ro - 800= Site Size (Approx. Acreage of Property):_ 833 = LOCATION SKETCH OR MAP N Photographic Records Numbers Township Range Section 29 16 16 UTM Coordinates: 812= - 890 = Zone AI inq Or ,nq 860 = = r Contact Print Parcel No. 16-29-16-53892-007-0020 r . '? f STATE OF FLORIDA OEPARTMENTOFSTAIE ?•? 10,11010" of ArchlVea, 11Yllory and naCerda Wanagnmenl 03,N4PJAAA PPW 310 FLORIDA MASTER SITE FILE Site Inventory Form NoMSF FDAHRM 802= = 100 = = Site No. Site Name 830= = Survey Date 820= _ Address of Site: 707 Bayview Ave. , C earwater, _- 33520 905= - Instruction for locating _ Location: County: --U l Owner of Site: Address: en's bavview Name: name block no. lol no. Type of Ownership on yate _ 848 = = Recording Date B32- Recorder: Name 8 Title: NfUdANf], Connie VIP Survey Supervisor) _ - - ?. - . FL 33516 Address: 504 Poinsettia Road, 13e11 eai r, 818 = Condition of Site: Integrity of Site: Original Use pri te resideflS;eI338= = Check One Check One or More Present Use riyate resi dence 850 = _ 0 Excellent 883= ? XN Altered _858 - Dates: Beginning + lg? 6 844 ? Good 883= - t_! Unaltered ___ 858_= r Culturelf haseAmerican 840= - y Fair 883 = - n orl Inel Slle 858 Period 20. entUry 845 = - Delarioraled 883 l1 Reslared(11ba1e: H_ ? )858= _ r.l Moved( J (Dale: H 1858 = = NR Classificatlon Category: Bu.LUjng 916= - Threats to Site: Check One or More XRX oning( H 1878__ = f3 Tran_sponallont x ?-- r x 1878= Cl Development( H K _)8_78_= = Fill (_H-__ __..--•-- -- - --- _H_• 1878 c _ n Deterioration( H H )878= = n Dredge >{ .)878= _ 0 Borrowing( x_.. ?. _. __........?K._18T8= _ -- X 01her(SeeRemarksBelow), Pepoi-ng_P7ne11as Rarkwaya!e = Areas of Significance: 910= Significance: Built prior to 1940 - included in report for historical .......... -bytIf TO ear SAMEW I ti of + ,.* PARK Cu a M •?? TAACT A 6 ; . 80VIPCB33-4 80VIPCB33-5 80VIPCO33-6 91i== B ARCHITECT 872= BUILDER 874= STYLE AND/OR PERIOD 964 = = PLAN TYPE Rectangular; irregular _ 966= EXTERIOR FABRIC(S) Wood; siding 854= STRUCTURAL SYSTEM(S) Wood frame 856= PORCHES 942 = = FOUNDATION: Piers; block _ 942 = = ROOF TYPE: Gable 942 = SECONDARY ROOF STRUCTURE(S): 942 = = CHIMNEY LOCATION: 942 = = WINDOW TYPE: 942 = = CHIMNEY: 882 = - ROOF SURFACING: camn07 t i on s ij ngl e ORNAMENT EXTERIOR: = 882= NO. OF CHIMNEYS 952= NO. OF STORIES one 950 = NO. OF DORMERS 954 = Map Reference (Incl. scale & date) .-- USGS_SAFFTY_ HARBQR 7.5 (di n 1256 RR 12 69 -- -- 809 - w Latitude and Longitude: ° 800 = Site Size (Approx. Acreage of Property): 833 = _ LOCATION SKETCH OR MAP N Township Range Section 29 16 16 812= UTM Coordinates: 890 - - Zone oo mp rn my Base - 28 x 32 x 28 x 32 A- SPF - 8 x 28 B-SPF 8 x 8 DUF-10x10x10x10 DGF?26x16x26x16 Photographic Records Numbers 866- M Contact Print Parcel No. 16-29-16-53892.005-•0021 r, STATE Of FLORIDA ?t DEFAIMAENT OF STATE ?. Dl,lalon of Arehives. Hlslory and Aoeo[da Manapam 1 05,H3P.3AAA Ray S TO Site Name Address of Site, 3012 Instruction for locating NoMSF FDAHRM 802 = = 1009 = Site No. 830. = Survey Date Location; -a eubdivisionname MOL X 20 ft. an o County: Pinellas---- Owner of Site: Name: 8UHE la1 ter__B - Address: 0 County Road j , a.yvi ew, Type of Ownership .2ri_ vate• 848==- Recording Dale Recorder: Name & Title: MUDANOLConnie (Survey Supervisor) Address: 504 Poinsettia Road. Qelleair, FL 33516 Uy t3eu = = 52i) 905 = 813 = Ell = - 808-- 33520 902 = - 832 = Ota - Condition of Site: Integrity of Site: Original Usepivate residence836„ Check One Check One or More Present Use pi^1y5? f'?g?idEnCeBQ= El Eacelleni 863 = = Altered _ _ = 858= - r Dates: Beginning a + 1926 844 = _ ? Good 883n = i-3 unalllered e5a? = Culture/Phase Am 0= - erican 84 M:air 883= = ? Original Site 85B? = Period 20t _ century 845 = -? 11 Deteriorated 863= = n Restored( )(Dale! ? }( )8513= - n Moved( )IDate- x)_8.58= - NR Classification Category: Building 916= Threats to Site: Check One or More XXXZontng( x x )878= c I.? Transportation( x ._ _... -----? x )878= = ----- - -- DerelopmenT i x x ? )878= = n 17111I x y 1878 = = ? Delartorellon( x x )878= - n bredge( ?`??? `__ x )678. .._...._.._...? --- -•? -- I7 Borrowing( x __ x 1878= _ ? fX)pLherlsee Ftemorks aelawL,Pend_ i nq_ Pi nel l as ParkwaNt178= Areas of Significance: 910= = Significance: Built prior to 1940 - included in re ur oses only S. -.4 sit OUIt TO Barr ?•, A .10 V.. As p16 4ZS1 ?l B A Y V I E W 1 ? 1. Is : 3 i?[ TRAILER BOVIPCB33-•1 :3 ?.. L 4 1 } PARK• 1 s e[e ? Tx ..r ? A s ?II r I FLORIDA MASTER SITE FILE Site Inventory Form ort for historical • ' 80V I PCB33-•2 BOVIPCB33-3 1-- B I "!-W . . ARCHITECT 872= BUILDER 874 = _ STYLE AND/OR PERIOD 964= _ PLAN TYPE Irregular 966 = _ EXTERIOR FABRIC(S) Stuc4;o 854= _ STRUCTURAL SYSTEM(S) wood frame 856 = _ PORCHES 942 = - FOUNDATION: -Piers; block 942 = = ROOF TYPE: Gable 942-- SECONDARY ROOF STRUCTURE(S): 942 = = CHIMNEY LOCATION: 942= = WINDOWTYPE: 942= = CHIMNEY: 882= = ROOF SURFACING: Composition shingle 882 = = ORNAMENT EXTERIOR: 882= = NO. OF CHIMNEYS one 952= = NO, OF STORIES two 950 = = NO. OF DORMERS 954 = = Map Reference (Incl. scale 8 date)----]1SGS SAFETY HARBOR 7---Min 125 pa 1969 809 = = Latitude and Longitude: M e 800 = = Site Size (Approx. Acreage of Property): 833 = = LOCATION SKETCH OR MAP N Township Range Section 29 16 16 812= UTM Coordinates: 890 = - Zone a 'req nr inq Photographic Records Numbers e 86b Contact Print FOOTNOTES 1 Harris, Robert C., "The Seven McMullen Brothers of Pinellas County". Tampa Bay History, Tampa: Rinaldi Printing Co. (1979) P.62. 2 Ibid., P.63. 3 Ibid., P.63. 4 Bradbury, Alford and Hallock, E. Story, A Chronology of Florida Post Offices. Florida Federated Stamp Clubs, 1962. 5 "Recollections of Bert L. McMullen", son of James P. McMullen. This docu- ment was written in 1945 when he was seventy-nine years old. County Histor- ical Museum, Heritage Park, Largo, Florida. 6 Taped interview with Nancy McMullen Meador, 1958. Historian and spo kesman for McMullen Clan, on file at the Pinellas County Historical Museum at Heritage Park, Largo, Florida. 7 "Recollections of Bert L. McMullen", son of James P. McMullen. This docu- ment was written in 1945 when he was seventy-nine years old. County Histor- ical Museum, Heritage Park, Largo, Florida. 8 Ibid. 9 Harris, Robert C., "The Seven McMullen Brothers of Pinellas County". Tampa Bay Historl, Tampa: Rinaldi Printing Co. (1979) P.62. 10 Taped interview with Louise Cone Potter, great granddaughter of Captain James Parramore McMullen, March 23, 1979. Located at Pinellas County Historical Museum at Heritage Park, Largo, Florida. 11 Ibid. 12 Ibid. 13 Interview with Early McMullen, grandson of 'Captain James Parramore McMullen at Bayview, Florida October 10, 1980. 14 "Recollections of Bert L. McMullen% son of James P. McMullen. This document was written in 1945 when he was seventy-nine years old. County Historical Museum, Heritage Park, Largo, Florida. 15 Sanders, Michael, "The Effects:Of The Great Freeze of 1894-95 on Pinellas County" Tampa Bay Histor , Ta pa: Rinaldi Printing Co. (1979) 16 Ibid. 17 Recollections of Bert L. McMullen", son of James P. McMullen. This document was written in 1945 when he wad seventy-nine years old. County Historical Museum, Heritage Park, Largo, Florida. FOOTNOTES (Continued) 18 Public'Referendum on the proposed Pinellas Parkway, 1975 - defeated. 19 Interview with Steve Gluckman, University of South Florida Professor of Anthropology, Tampa, October 29, 1980. .TAMPA DAY. ENGINEERING, INC. . Clvll Enplnoodng • ftnsportallon ' Envfrorlrrrenlal•PJannlrv zl,• ?_' . 18167 UA.19 North, Sulto 650 . : ?..' Cfaarmtor, Fladda 34624 ,+ • ?;;ti; ?;" 81•".+aS•350'?; ?A?( 813.532!9691 tr 4' 8et' Sullo 501 Oiw Mt t ( . '? •RandKru is AI?P: = ?_-s?,Ta p • : y ?r]s ? m a ; Flddda 33802 `' • . , PlannlnpMBnaggf•.' ? . ;, y; , . , 613.2216OO4a.'FAX819.224.9726 .r' ?I i f ARGUMENT AGAINST EXPANSION OF THE FINA STATION 1 FUTURE LAND USE ELEMENT 3.2.3: Commercial land uses shall be located at the intersection of arterial or collector streets and should be sited in such a way as to minimize the intrusion of off-site impacts into residential neighborhoods. New plats and site plans shall discourage the creation of "strip commercial" zones by insuring that adequate lot depths are maintained and by zoning for commercial development at major intersections. The City should not expand something which does not meet the intent of this policy. Commercial uses shall be located at'the intersection of arterial or collector streets. This states clearly that this use could not be approved today if the property, were vacant. This is not a "major" intersection, although SR 60 is an arterial roadway, Bayview Drive certainly is not an arterial or collector roadway (Map 21, Traffic Circulation Element). This policy also states that commercial uses should be sited in such a way as to minimize the impact on residential neighborhoods. Any expansion of the current zoning line, and the introduction of a retention pond for the commercial use, constitutes ad impact on this residential neighborhood. HOUSING ELEMENT 13.3.3: By 1992, develop a "neighborhood preservation scale" to monitor and evaluate factors which contribute to neighborhood 'stability and adopt strategies for neighborhood preservation. One of the basic tenets of City planning is that residential neighborhoods serve as the backbone of a community. Without strong, viable, stable neighborhoods, 10023-96.00 -1- August 15, 1995 the result is a less than whole community, both from a social and economic perspective. This relates directly to the March 23, 1995 memorandum from Scott Shuford to the City Manager regarding the*Bayview neighborhood. The memo states that a comprehensive look at this area is part of the upcoming regularly scheduled planning efforts. Additionally, the Historic Preservation Board has requested City participation in a project to allow state certification of the Bayview area as an historic neighborhood. . .. -I t At the very least, in the interest of good, comprehensive planning, these studies should occur before this rezoning is voted upon. This application should be denied or postponed until after the neighborhood studies occur. 13.4.6: "Use zoning to restrict commercial encroachment in residential areas" Under the guise of a site plan, staff has determined that it is acceptable to allow for the -expansion of this use. Staffs initial recommendation on this application was for denial, with the following statement. "It is felt that -any commercial development on this site would infringe on the quiet residential nature to the south". Zoning, if used appropriately, can restrict commercial encroachment into residential areas. 10023-96.00 i -2- August 15, 1995 ¦ t i However, it can also be a double-edged sword. To apply a site plan to this site, from a land use perspective, is merely hiding the fact that this site, because of its small size, one acre, is not suitable for commercial expansion. The'Clearwater Land Development Code justifiably calls for a minimum of four acres when utilizing the CP-D zoning district, the City Commission may, by ordinance, approve a smaller area if deemed in the public interest. The four criteria for a planned development are: 1. Preserve significant topographical or environmental 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 designs. 4. Accommodate a comprehensively planned and phased development or redevelopment project which provides for interrelated uses," circulation patterns (pedestrian and vehicular), 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. This rezoning application accomplishes none of the above four (4) objectives. It may be in the applicant's interest, but it certainly is not in the public interest. 10023-96.00 -3- August 15, 1995 i PRECEDENT To extend this commercial zoning, at a time when the City is concerned with the image this area in general portrays as a gateway for the City of Clearwater, may not be in the best interests of the City as a whole, and certainly not the neighborhood of Bayview. Additionally, to extend this line at this location, regardless of the argument that zoning is site- specific, would set the precedent for additional commercial zoning in this area. Zoning is based upon the relationship of one parcel of land to adjacent and surrounding parcels. To intensify the commercial zoning at this location would make it all the more difficult to hold the line on adjacent parcels. T + +IC To expand this use and approve this rezoning, as requested; would increase the daily traffic to this site by over 400 percent. Over four times as many daily, peak hour, weekend trips would occur at this site if the rezoning is approved. In surnmary, there are plan policies which this rezoning application is inconsistent with as well as the basic intent of the CP-D zoning district itself. Additionally, staff has acknowledged that the Bayview area should be studied, relative tons value as a historic neighborhood. This zoning should not be acted upon until such study is complete. 10023-96.00 -4- August 15, 1995 1 i FINA / EXISTING SUMMARY OF TRIP GENERATION CALCULATION FOR .364 TH.GR.SO.FT. OF CONVENIENCE MARKET WITH GAS PUMPS 8/15/95 AVERAGE. STANDARD ADJUSTMENT DR-WAY RATE DEVIATION FACTOR VOLUME AVG WKDY 2-WAY VOL 845.60 163.67 1.00 308 7-9 AN PK HR ENTER 22.61 0.00 1.00 8 7-9 AN PK HR EXIT 22.61 0.00 1.00 8 7-9 AM PK HR TOTAL 45.23 18.52 1.00 16 4-6 PH PK HR ENTER 31.28 0.00 1.00 11 4-6 PH PK HR EXIT 31.28 0.00 1.00 11 4-6 PH PK HR TOTAL 62.57 36.32 1.00 23 SATURDAY 2-WAY VOL 1448.33 735.17 1.00 527 PK HR ENTER 28.90 0.00 1.00 11 PK }IR EXIT 26.68 0.00 1.00 10 PK 11R TOTAL 55.58 0.00 1.00 20 SUNDAY 2-WAY VOL 1182.08 608.38 1.00 430 PK HR ENTER 0.00 0.00 1.00 0 PK HR EXIT 0.00 0.00 1.00 0 PK HR TOTAL 0.00 0.00 1.00 0 Note: A zero rate indicates no rate data available Source: Institute of Transportati on: Engineers Trip Generation, 5th Edit ion, With Feb. 1995 Update. TRIP GENERATION BY MICROTRANS i FINA / PROPOSED . SUMMARY OF TRIP GENERATION CALCULATION FOR 1.15 TM.GR.SO.F T. OF CONVENIENCE MARKET WI TH GAS PUMPS 8/15195 AVERAGE STANDARD ADJUSTMENT DR-WAY RATE DEVIATION FACTOR VOLUME AVG WKDY 2-WAY VOL 845.60 163.67 1.00 972 7-9 AM PK OR ENTER 22.61 0.00 1.00 26 7-9 AM PK NR EXIT 22.61 0.00 1.00 26 7-9 AN PK MR TOTAL 45.23 18.52 1.00 52 • 4-6 PH PK MR ENTER 31.28 0.00 1.00 36 4-6 PH PK MR EXIT 31.28 0.00 1.00 36 ' 4-6 PM PK MR TOTAL 62.57 36.32 1.00 72 SATURDAY 2-WAY VOL 1448.33 735.17 1.00 1666 PK MR ENTER 28.90 4.00 1.00 33 PK OR EXIT 26.68 0.00 1.00 31 ' PK MR TOTAL 55.58 0.00 1.00 64 SUNDAY 2-WAY VOL 1182.08 608.38 1.00 1359 ' PK NR ENTER 0.00 0.00 1.00 0 PK MR EXIT 0.00 0.00. 1.00 0 PK MR TOTAL 0.00 0.00 1.00 0 - Nate: A zero rate indicates no rate data available Source: Institute of Transportation Engineers Trip Generation, 5th Edition, With Feb. 1995 Update. TRIP GENERATION BY MICROTRANS 1 i } FINA / PROPOSED SUMMARY OF TRIP GENERATION CALCULATION FOR 1.5 TH.GR.SQ.FT. OF CONVENIENCE MARKET WITH GAS PUMPS 8/15/95 AVERAGE STANDARD ADJUSTMENT OR-WAY RATE DEVIATION FACTOR VOLUME AVG WKDY 2-WAY VOL 845.60 163.67 1.00 1268 7-9 AM PK HR ENTER 22.61 0.00 1.00 34 7.9 Ali PK HR EXIT 22.61 0.00 1.00 34 7-9 AN PK HR TOTAL 45.23 18.52 1.00 68 4-6 PH PK HR ENTER 31.28 0.00 1.00 47 4-6 PH PK NR EXIT 31.28 0.00 1.00 47 4-6 PH PK HR TOTAL 62.57 36.32 1.00 94 SATURDAY 2-WAY VOL 1448.33 735.17 1.00 2172 PK HR ENTER 28.90 0.00 1.00 43 PK HR EXIT 26.68 0.00 1.00 40 PK HR TOTAL 55.513 0.00 1.00 83 SUNDAY 2-WAY VOL 1182.08 608.38 1.00 1773 PK HR ENTER 0.00 0.00 1.00 0 PK HR EXIT 0.00 0.00 1.00 0 PK HR TOTAL 0.00 0.00 1.00 0 ' Note: A zero rate indicates no rate data avai[abte Source: Institute of Transportation Engineers Trip Generat ion, 5th Edition, With Feb. 1995 Update. TRIP GENERATION BY MICROTRANS iI i i 3 I TO: Betty Degtula, City Manager FROM: Scott Shuford, Central Permitting Director SUBJECT: Bayview Neighborhood - Update COPIES: Kathy Rice, Deputy City Manager Bill Baker, Assistant City Manager - Lou Hilton, Senior Planner DATE: March 23, 1995 CITY OF CLE ARWATER laterdepartment Correspondetice Given Commission interest in the Bayview neighborhood, I am providing the first of an anticipated series of updates with regard to staff activities in this area. First, the proposed expansion of the FINA station at the comer of Gulf to Bay and Bayview will be coming to the City Commission on April 20, 1995. Second, as you know, one of my departmental goals for this year is to prepare a neighborhood zoning study. I plan on using the Bayview area as the subject of that zoning study. As we have discussed, the Bayview area is "ripe" for such a study since there are a number of potential development issues coming up in the near future that may affect this neighborhood. The FINA station is one of these issues, but theme conversio of the mobile home park adjoining the neighborhood on the east too another land use may have more significant otjp entiiaal ems. There are other properties in the immediate ?vtctnrty o"Me neighborhood that have development potential which could also have some effect on this. neighborhood. Consequently, we will take a comprehensive look at this area as part of our regularly scheduled planning efforts. t-Avc Finally, the Historic Preservation Board has requested City participation in a project to allow state certification of the Bayview area as an historic neighborhood. We anticipate being able to assist in this effort through the hiring of a temporary employee using existing funds in my department. We will keep you advised of this effort. Please call if you have questions or comments. SS/db GAM¢ ISS i UP ?ANn usz P?>,l C' O m? ? ?ivS'I ?r ?fvm y fo b Doom `y pf s? I Iw- D Stowell - 08/09/95 Page 2 individual copies for Commissioners or the City Manager. This material is available in my office for any interested party to review. With regard to the proposed study for the Bayview area and environs, I plan on developing a scope of work and signing a contract with the Florida Center for Community Design and Research out of the University of South Florida. This non-profit group has prepared studies for the City in the recent past i and I am confident they will be able to do a good job in analyzing this area. As you request, I will advise you when a contract is signed. As I mentioned to you, staff is pursuing a contract with this group because of limited resources in-house to perform this study and because of the extensive controversy associated with the Bayview neighborhood involving the FINA Station rezoning request. It is my professional judgement that, due to the highly emotional setting involving the FINA zoning proposal, City staff should not be directly involved in an analysis of this area at the present time. I want to clarify this because I am not sure from your letter that you understood fully the reasons why the neighborhood zoning study is not being done by City staff. Due to summer vacations, my Department is considerably understaffed the remainder of this week and next week. In fact, I will be an vacation all next week. Other Central Permitting staff, including some planners, will also be out. I am consequently asking you to minimize the frequent and extensive research requests by you and your associates during this period of time of limited staffing. I ask you to consider carefully whether the material you request is needed for your preparation for the FINA Station rezoning request public hearing. I also ask you to consider whether you (or others) need to get similar information from more than one person. If, in your considerations, you find that further extensive research material is necessary or that more than one person needs to be asked the same question, I ask you to work through Assistant Central Permitting Director Vic Chodora who will attempt to comply with your request in a reasonable and timely manner. Mr. Chodora will determine the best and most efficient way of complying with your request. However, I again ask you to respect our limited staffing during this vacation season. Thank you in advance for your cooperation concerning my request for consideration due to limited staffing. As noted above, I will advise you upon the execution of any contract with the Florida Center for Community Design and Research. Should you have questions or comments, please contact me. Sincerely, r Scott Shuf9d, ICP Director of Central Permitting cc: Elizabeth Deptula, City Manager Vic Chodora, Asst. Director/Central Permitting John Richter, Senior Planner Lou Hilton, Senior Planner Steve Doherty, Central Permitting Supervisor Etim Udoh, Associate Planner SS/lb pl„+,umvu N Y b s,•' .,, rw; .wen • Vacation Numb er "McMullen,+Y L;; , P R E U E B T PLEASE REVIEW THIS VA _..IO `TERMS OF YOUR PRESENT USE AND FUT -NEED FOR THE. PROPERTY.' INDICATE YOUR COMMENTS BELOW:,' .REFERENCE ATLAS SHEET NO,-341A! H--Z7 SECTION IS' TOWNSHIP 29B RANGE 16 1. ENGINEERING SERVICES: 'REVIEWED BY: p,,APPROVED BY: DATE:7(2 COMMENTS: The app' cant is requesting t vacate the full So foot East/West Right-of-Way of an unnamed/unpaved street lying between Lots 3 and 4 of Block 3 and Lots 1 and-2 of Block 5 off plat of Revised Map, Town of Bay View. The applicant would like to vacate the right-of-way to preserve the residential, 11oas' character of the subdivision and to protect a specimen oak tree from vehicular traffic. The City has no existing uti.la ty services within the right-of-way and it is not being used for, vehicular traffic or parking. The west portion of the right-of way extends outside the City's incorporated limits and must be vacated by Pinellas County. Pinellas County Utilities ham' provided' a letter of no objection. Florida Power, GTE and Vision Cable have no objections. Engineering Services has no objection-to this vacation provided Pinellas County vacates the' west portion and all of the right-of-way is retained full width' as a drainage and utility easement. 2. TRANSPORTATION GROUP: ; REVIEWED BY: ?- DATE: COMMENTS : `l b M . 3. CENTRAL PERMITTING DEP ENT: ' •'??? ` . REVIEWED BY: Steve Dohert?PROVED BY : Scott ofor DATE : 8/Q495_ : COMMENTS: We have no objections to proposed vacation. - Pe "' ! 1 'I / 4ro(Giy o ?4k r- CD f b r ?` I /? ?G J?? v. L•! !? YJ•'YIa?K - 141 •?,e- G "` rr1 l be y ?L c? 7 4-t9-w t- 4c.1 10 L ive u e a [?L • F ?? W INT: f jk 4. ID ASTE DEP REVIEWED BY: APPROVED BY: DATE: COMMENTS: ' ? 1 r T S? DOT FLAN TEL!813-975-6443 Aug 11,95 11:05 N0.005 P.01 R FAxT-R-ANSMISSION VDOT Pt.AA we DrST91CT SEVEN I I zd I N4 MCKTHL" pn+ve TAHI•A. FL a3812 013.978.0444 Piutt 913.07544?3?'?? 1y Sorenson Date; AulruRt 11. 1 95 Tot Early Fax 744-6090 page-q: 3, including this cover sheet. Fromr Don Scott Subject: Level-of-Servicc COMMENTS: Here Is the Level-of-ServIce(LOS) for SR 60 from US 19 to McMullen Booth road from the Pinellas MPO using generalized LOS tables(clrcled on dw spmdshect - LOS M. Map is In color but also shows It as LOS P between those points, Cull ma at 975-6444 if you have any questions, y . Z I - PDOT PLAN N P .1 r u? n. 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Pl YMV1 lvn Yy'IMMMMfflMMMM MI??M MM?IM MMM?I MI MAP= w m M3?Pn#nFnpnMM min MM M?/ a F.DOT PLAN 7E=L:913•-975-6443 Au 11,95 11:06 No.005 P.03 . V 1r,lr r k t. ,r i L.UI I i ? . 1 ' Pinellas County E 1994 Levels of Service ' -?- Existing Conditions FIGURE TWO -- Level of Scrvite A, B, C Level of Service U - Level of Service E N --? Level of Service F Using Generalized Tables ' • , • .O 4 Prepaid {hi MAao CWnlympo , r '•r :7 ?L1•?'I^•Il'??': ...? ..,... .. ..r••.-,... ••.yf??.r yw...????.. .T.•. ?'q+T?JJ •?! ?p I?S .t... rT r,.,r,.- .. r..?.. l:'+'^i?` At15 • / +t" • 1:1 .,? .r{/.hl i'{•%t ? ?' ? ?•.. 11 {.ai ?' r. ?• !;' h Rid t {f' Its ,r 'i. i' y J ?1• ? SI• ?'. r ?•.. rf rr i ?.. , ' , t + i i i ';%.1 ..nt...? `,r!-'yt!1 jNI .?. ?+l1L L r .' .s.ti.:.:? [{r?7 ?L y.?11?I??[,1 .?• ",• .,t E?,' :1'r?. . 1= '?'?J,n??,N.•.?/'}fi•js.?=s. V?sri'li1L'N;'•{I•r?"?.7?Ili:_?/f. _•'.. r''? •,. •.l.?u??.'AY???K.. ?:,y MT?4tR?r'?A['Nl a 1t - 1995 level of Service • S G[ 3 Report Prepared by: Pinellas County Metropolitan Planning Organization Program Developed by: Tindale-Oliver and Associates, Inc. April 1995 c c p,4 ?? gu rG Tcua Ti G U2 E T,V2?? l r GU 2 ?u" a i Z. 6 R(pW Pinellas County mpo 1994 Levels of Service. Existing Conditions FIGURE TWO --- Level of Service A) B, C -w- Level of Service D -- Level of Service E -- Level of Service F Using Generalized Tables N 1 I1 lV1 Miles Q 2 4 Plowed by the Pmullrs County MPO II Pinellas Coun, MPo 1994 Levels of Serv Existing Condifi FIGURE THREE Level of Service A,B, ?-? 'Level of Service D --- Level of Service E -- Level of Service F Using Ruined Procedures f Preparwd by tht) Pinellas Courrtf NIPO ¦, S 2vo Pinellas COLinty Mpo i 1994 Levels of Service FY 1995 -1998 FIGURE FOUR am Scheduled Improvement N A ?f Miles 0 2 4 Ptopawd by Iho P4101106 Coullly Wo I Pinellas COLT MP O 1994 Levels o #' S' e x With Scheduled Its tiL T(Loka P?`C fi°}nod ? D v N A Miles D .._p_.__ by ..._ Pinellas Coanly MPo - Level of Scr%,icc A Level of :r. icy 3'? Level of Scr%,ice 1' ---? Level of Scr%-v:• : F Using Refinul(1 Pr These segments of the Xti; rn ,!. M J C7 O N ui O e Q LLJ ,1 y CD r? ui d ui N C7 Z mom J O Z mumm W uj D aw M J mom 0 N LU cc 0 cl 4 uj z ca (p.b. W LOZ W N N C7 J O Z NONE W LU M y 1 1. 1 1 ..I 1 ' ? • 1. V 1. I'} -I. 1 - 1'.1 114 II N 1'1 l l 1• t l 1 . t am M J C7 Z O N LU CC O Q w Z C7 LU 0 W N C9 Z J O Z (1) ui N y n? CITY of CLEA.R1;ATM ?ntardepartmental Correspondence Sheet To: Copies: FROK : RE: DATE: Tot. Ki'ler, Assistant Director Engi; arina i 2nvlronmentaI Scott Shuwcrd, D _actor/Central Permitting Dic): Hul? , :.ssistant City Attorney Env:._onmental .evi?art? Board Fe??"Lw"y .. ? ? c c _ of i have wcvie::cc ;he rzrsvis ions of §376.317, F.S. (1993), and believe that -?hosc -;,•-isions provide that state law sumersedes lo-al law with rc =.d -o the regblation of underground petroleum I have also reviewed the provisions of $32. 294 and S43 . 2 7 , Code of ordinances of the City of• Clearwater, ..:,d !:a. . .3 -hey do not pertain to underground , petroleum stc_•age t-}:s 'and, that even if they did, they would be sumerseded by t:.e _.. _ = ? ?atu tes . Conseauen t1 v, ' -'D ::c ? _ ? ire: e that you have the au thc_ ity to c u _ take the ac 4:, -- _ ?.. _ ..... _: -nental Advisory Board a-- the i- meeting of ?.inutes, p. 6). However, 1 agree with v... _-:1L Z :.:. ? ... :.. ?4? d be encouraged to clean! ;zp -he s:.?e as soar ., .: _ _._:. . ' - _.. . _._.al noney whole ava_1' * e. I r r ? ? IV4V _ i rr ?. 1• .? l( ?. ..? I err i:. ': • ?_•' ?ryi _ QJ CITY OF CLEARWATER Interdepartment Correspondence Sheet TO: Mayor and City Commissioners COPIES 70: THROUGH: Elizabeth M. Deptula, City Manager A COMMISSION FROM: OPamAkln, and J. Baler, City Engineer ? AUG 0 9 1995 om Miller, Asst. Director of ENG/Envirc nmental PRESS COPIES: City Attorney CLERK / ATTORNEY Scott Shuford, Central Permitting Director Environmental Advisory Board Mike Quillen, Water Resource Engineer SUBJECT: 509 Sayview Avenue House Demolition/ Coop Oil DATE: August 9, 1995 The Coop Oil Company FINA station is located at 3009 Gulf to Say Boulevard. The owner has filed a "Discharge Notification" with the Florida Department of Environmental Protection JDSPj, the agency which regulates the discharge of petroleum contamination in the state of Florida, indicating that contamination of soil -and/or groundwater has occurred. As a result of this notification, Coop Oil Company is eligible for state funding through the Early Detection Incentive Program and is not required by the state to affect any remediation until funding is available through the State Inland Protection Trust Fund. The site was assigned a low rank of 7,221 out of 10,381 sites. To date, Engineering/Environmental Management has received no indication that an aerial assessment of the extent of contamination has begun. Furthermore, there is no date requirement imposed by the state to initiate remedial action. This memorandum will address the concerns raised by Mr. Jack Alvord in correspondence dated August 1, 1995 related to the subject house demolition {Attached). 1. Contamination Assessment Report (CAR) Requirement: City staff does not have the authority to supersede the DEP with regard to remediation of petroleum contaminated sites, including initiation of a CAR. Attached is a copy of Section 376.317, F.S. and a memorandum from Acaistant City Attorney Richard Mull which forms the basis for this position. Through the site plan review process, staff conditioned approval of the FINA gas station expansion to that allowed by I@w, yet remains consistent with the intent of EAS motions', as follows: "A site pollution clean. up plan must be approved by the City. Commencement of the approved clean- up plan must occur to the issuance of a building permit, and the clean-up program must be continuously pursued in accordance with the schedule and conditions in the approved plan*. This issue has been ccn.-idered by the Environmental Advisory Board (EAB) since February. While it has been the EAB's d__:rc to expedite groundwater and soil contamination clean-up through site plan approvals conditioned with the development of a CAR, state law and City legal opinion denies the EAB the authority and City, staff the ability to seek such a requirement through the site plan review process. However, staff are con.::)uing to word with the EAB to formulate a similar requirement before issuance of a building permit, pending legal office approval. This matter is anticipated for EAB review again in September. No "recclu:ion" has ever been submitted by the EAB to prohibit any construction related activity on a conizimin; ;?d site until a CAR was completed and analyzed by the DEP, referred to in Mr. Aivord's corresponden;a. M.. .. CHRONOLOGY FINA GAS STATION REZONING MEADOR - Z 93-54 1. Application for Future Land Use Plan Amendment to Commercial General and Zoning Atlas Amendment to CG received Dec. 13, 1993. 2. Receipt and Referral by City Commission on March 17, 1994. 3. Letter dated March 28, 1994, Mr. Cline requested continuance of public hearing/first reading before the City Commission until, May. 4. April 1, 1994, City received fax from Mr. Cline confirming continuance date of May 3, 1994, for Planning and Zoning Board, and requesting continuance to May 19, 1995, for public hearing and first reading by City Commission. 5. April 5, 1994, Planning & Zoning Board Hearing. Nobody was present to speak in favor of request. Four people spoke against request. Board continued the public hearing to May 3, 1994, by a vote of 6 to 0. 6. May 3, 1994, Planning & Zoning Board held public hearing, after which they recommended denial of the request for General Commercial zoning by a vote of 4 to 1. 7. On May 6, 1994, Mr. Cline faxed letter to the City requesting continuance of May 19th public hearing/first reading by the. City commission in order to review application to see if it should be amended to a request for Commercial. Planned Development. 8. Letter Dated May 18, 1994, from Merry June Burwell, President of the Clearwater Historical Society opposing proposed rezoning on grounds of historical significance of Bayview Area. 9. May 19, 1994, fax from Mr. Sanders with copy of work sheet for 509 Bayview Avenue from "Bayview, An Architectural and Historical Inventory of the Built up Environment" prepared by him and others in 1980. 10. May 19, 1994, City Commission continued the advertised public hearing and first reading to date uncertain. 11. July 5, 1994, fax from City to Mr. Cline with copy of Mr. Sanders' May 19th correspondence. rINACAONNUM 1'{% to. ID4! r"' 12. July 5, 1994, Letter from Mayor Garvey to Mars. Burwell, President of the Clearwater Historical Society. 13. September 9, .1994, City received an amended Zoning Atlas Application from Mr. Cline under cover letter from King Engineering together with Preliminary Site Plan. 14. September 19, 1994, Mr. Shuford spoke with Mr. Cline and brought up questions of retaining a residential lot an south side of property and need to have FDOT approval of access. (E-Mail, Scott to Walt) 15. October 7, 1994, E-Mail, Walt to Scott re discussion on access with Shirley Hannis of King Engineering. 16. Letter from Ms. Mary McMullen to Mr. Meador opposing rezoning. 17. November 4, 1994, received Revised Preliminary Site Plan from King Engineering. 18. On or about November 17, 1994, Walt McAleer was informed by King'Engineering that FDOT intended to grand-father existing accesses for the FINA station. Not considered a significant change by FDOT rules. Info passed to Mr. Maran with copy of revised site plan. 19. December 1, 1994, revised zoning request and accompanying Preliminary Site Plan were received and referred to staff by the City Commission by a vote of 5 to 0. 20. December 21, 1994, E-Mail, Lou to Scott informing Scott that Allan Stowell wanted the Planning and Zoning Board to wait until the Historic Preservation Board had a chance to review and comment on request at their January 17th meeting. 21. Letter dated December 21, 1994, from Jack Alvord requesting delay of Planning and Zoning Board hearing until after Historic Preservation Board meeting on January 17th. 22. December 22, 1994, received two letters from Coalition of Clearwater Homeowner Associations dated December 18th and 19th opposing rezoning. 23. Letter dated December 27, 1994, from Mr. Cline to Mr. Alvord stating that "We will allow you to remove them (houses) at any place you might see fit to preserve them, at your sole cost and expense.,, 2 w ?? 24. Letter dated December 28, 1994 from Mr. Cline to Mrs. Merry June Burwell, Clearwater Historical Society, stating ". . the owner will be happy to donate them (houses) for preservation to any entity who has an interest in saving them." 25. Letter dated December transmitting site plans Planning & Zoning Board 26. December 31, 1994, adver Zoning Board on January 2nd. 29, 1994, from King Engineering for Development Review Committee and meetings. tised public hearings for Planning and 10th and City Commission on February 27. Letter dated January 4, 1995, from Mr. Shuford to Mr. Stowell regarding requested continuance of January 10th Planning & Zoning Board hearing. 28. January 5, 1995, sent letter to Ms. Merry June Burwell, President, Clearwater Historical Society, Inc. advising her of Planning & Zoning Board meeting on January 10, 1995. Included copy of staff report. The report included statement that property owner was willing to donate the house at 509 Bayview for preservation to any entity who has an interest in saving them. 29. January 10, 1995, Planning and Zoning Board voted 4 to 2 to continue the public hearing until February 28th, but to allow those present who will be unable to attend the February ,meeting to speak. 30. January 17, 1995, letter from Mr. Shuford to Mr. Stowell regarding sections of the City's Comprehensive Plan addressing historical preservation. 31. January 18, 1995, Received application to vacate old sewer easement dated January 12, 1995, from Mr. Cline. 32. January 18, 1995, the Environmental Advisory Board discussed groundwater contamination from the FINA station. 33. January 19, 1995, the Development Review Committee considered the site plan for the FINA station. Traffic concerns were limited to "An FDOT permit will be required for drive onto Gulf to Bay." Besides the usual Environmental Management concerns, the following was included: "Prior to certification, data must be submitted to Environmental Management. which assures that operation of the retention area will not increase the flow of contaminated groundwater off site. This must be in the form of a Contamination Assessment Report and/or other equal groundwater modeling analyses which verify that no off site impacts will occur." 34. January 17, 1995, the Historic Preservation Board considered the proposed rezoning for the FINA station after which they unanimously voted to oppose the rezoning. 35. Letter dated January 20, 1995, from Stephen Alosa, Chairman of the Historic Preservation Board to the City Commission stating the board's opposition to the rezoning. 36. January 27, 1995, City received application and fee for review of site plan. 37. February 5, 1995, letter from Mmes. Barbara and Mary McMullen opposing rezoning. 38. February 5, 1995, letter from Mr. Early McMullen Sorenson opposing propose rezoning. 39. February 13, 1995, letter from Mr. Cline to Mr. Shuford requesting that public hearing/first reading by the City Commission not be scheduled until the month of April, 1995. 40. February 15, 1995, Environmental Advisory Board Meeting unanimously approved a motion by Mr. Stowell that: 1) a CAR Report be required prior to final site Plan approval; and 2) that Environmental Management review the CAR Report to insure that an appropriate cleanup method is utilized, rather than a mere treatment. This motion was intended to apply to the FINA site and all other contaminated sites in the City. 41. Letter dated February 17, 1995, Mr. Shuford to Mr. Cline transmitting Commissioner Deegan's suggestion that the FINA rezoning not be considered until the Planning and Zoning Board has available input from the Environmental Advisory Board. 42. February 21, 1995, received from King Engineering copies of Final. Site Plan and drawing of Existing Site Conditions. 43. Letter dated February 21 from Mr. Alvord to City Commission on groundwater contamination and against continuance. 44. Memo dated February 28, 1995, from Dick Hull, Assistant City Attorney to Tom Miller, Assistant Director of Engineering/ Environmental stating that he did not believe the Environmental Advisory Board had the authority to take the action sought by the Board at their meeting of February 15, 1995 (see No. 40 above). 45. Petition received March 7, 1995, by City Clerk requesting the city Commission to consider and reject the FINA rezoning at their March 16, 1995, meeting. 4 46. March 9, 1995, Mr. Cline called Mr. Shuford indicating that they might submit a modified site plan with a 50 foot residential lot or preservation easement along the south side. 47. E-mail dated march 10, 1995, from Tom Miller to Scott advising of change in State environmental cleanup program. 48. S-Mail dated March 10, 1995, from Walt to Scott indicating discrepancy between plat and submitted site plan. 49. Fax dated March 22, 1995, from Mr. Shuford to Mr. Cline stating that any changes in site plan would have to be into City by the end of the week. 50. Letter dated March 27, 1995, from Mr. Cline to Mr. Shuford stating that his client was trying to meet with the neighbors, and that he did not object to the item being continued. 51. Letter dated March 28, 1995, from Mr. Shuford to Mr. Cline regarding need for site plan showing any proposed revisions and meeting with neighbors. 52. Fax dated March 30, 1995, Mr. Shuford to Mr. Cline regarding survey inaccuracies. 53. Letter dated March 30, 1995 from Mr. Stowell, to Mr. Shuford stating he and Messrs. Sorenson, Parker and Alvord did not object to continuance to permit time for meeting with Mr. Meador. 54. Memo dated March 31, 1995, from Mr Shuford to City Manager recommending FINA be continued to the May 4, 1995, City Commission Meeting. 55. Letter dated April 5, 1995, from Mr. Cline to Mr. Shuford acknowledging proposed continuance to May 9th. 56. Fax dated April 12, 1995 from Walt to Mr. Cline regarding modifications to site plan including property lanes. 57. Letter dated April 12, 1995, from Mr. Cline to Mr. Shuford regarding differences between site plan and plait. 58. Fax dated April 13, 1995, sent from Walt to Ms. Hannis, portions of right-of-way map and assessor's map of FINA area. 59. Faxes dated April 14, 1995, from Walt to Mr. Cline and Ms. Hannis with suggested legal for proposed amended-application. 60. April 14, 1995, received revised Final Site Plan from King Engineering. 5 i' 61. Memo dated April 17, 1995, from City Engineer to Walt McAleer regarding queuing and drainage/contamination transport. 62. April 19, 1995, received additional copies of April 14th Final Site Plan. 63. April 19, 1995, E-Mail from Mr. Chodora to Mr. Shuford; cost of 8 inch block wall 8 ft. high approximately $45/L/.F. / /. --- 14 r: 120 19 ptr d; ,-, C./ mot, 1. 1: 64. April 25, 1995, E-Mail, Walt to Mr. Shuford advising( of Mr. Alvord's complaint on junk in front of 509 Bayview Avenue and of condition of building. 65. April 26, 1995, Letter from Messrs. Alvord, Parker, Sorenson, and Stowell requesting City Commission to act upon FINA application at its May 4, 1995, meeting, and to deny application. 66. May 1, 1995, Letter from Mr. Baier to Mr. Gilbronson, FDOT, regarding FINA access from S.R. 60. 67. May 2, 1995, Letter from Mr. Sanders to Commissioner Johnson opposing FINA rezoning. 68. May 3, 1995, memorandum from Vern Packer to Mr. Shuford advising that 509 Bayview Avenue is in need of repairs, that building will be posted as an. unsafe structure, and that notice of unsafe structure will be sent to Mr. Meador. 69. May 4, 1995, E-Mail from Mr. Baier advising Mr. Shuford that Mr. Smith will submit an amended site plan prior to future public hearings. 70. May 4, 1995, the City Commission continued the public hearing/first reading until July 20, 1995. 6 L-1 M.Breck Parker 716 Bayview Avenue Clearwater, Fl 34619 August 26,1995 In RE: MEADOR/BAYVIEW REZONING - LAND USE PLAN AMENDMENT APPLICATION Dear Ms. Akin, This letter will serve as official notification to you as Clearwater City Attorney that I will continue to act as an interested party in the above referenced matter when it comes up for second reading, I assume the procedural rules you implemented for the first reading, to conform with the quasi- judicial requirements based on the Snyder Cade, will still be in full force and effect for the second reading. This second reading is a continuation and completion of the first reading heard on August 17, 1995. If for any reason you deem the procedural rules not to be the same, I request to be informed, in writing, of any changes along with legal justification. Yours truly, M.Breck Parker Interested Party Bayview Resident ? 7 ? C I T Y O F C: L E A R W A T E R, POST OFFICE BOX 4746 . f, ''•..»-s •L+] tip, CLEARWATER, FLORIDA 34618-4748 ',i??•rrtl ( I ! i.'?t 11+1 +u 1111 office of City Attorney (813) 462-6760 Fox(813)462.6426 M.- Breck Parker 716 Bayview Avenue Clearwater, Florida 34619 August 31, 1995 Re: Meador Bayview Rezoning Land Use Plan Amendment Application Dear Mr. Parker: I'm in receipt of your letter of August 26, 1995. The "Snyder" hearing on the Bayview rezoning was held and concluded on August 17th, 1995. The Commission rendered its decision and as a result of that decision, first reading on the rezoning ordinance and the land use plan amendment were had. The public hearing required for second reading and ordinance adoption.is not a quasi-judicial proceeding and will be conducted in the manner of an ordinary public hearing. That is, any one may speak for three minutes on the issue. There is no requirement for a second "Snyder" hearing. Sincerely,, Pamela . Akin City Attorney PKA/dt - ...... -Equal Employment and Affirmative Action Emplover" . I I.-I qt?y a asII °t" ra ? I SR 80 -,._ -- GULF 70 2 BAY??- _ sati z?z 1 "moo b. 27 a 1(0vViPASS)l 14?? 14 1 ¦-1 3 N ? W 6. CO V ? tS x a S2 0. N 1" J V tai O M PS P+ mr pep G O e7C Y M R? O CL A to O ? F+ CO CC 40 iC C sq. a z O F- a Cf) Q Z mw? LL a 0 oZ of [-U a `" Cc: z u? J U F ------- -------------------------------- •---------------- -_-_..------------ ............ -..---- ----- SEP'--07-1995 14:33 CLEh1F.'WATER CITY CLEP11 813 462 6488 P - 002 COPIES TO; April 26, 1995 mayor Garvey, City Commissioners City of Clearwater 112 South Osceola Avenue Clearwater, Florida 34616 COMMISSION APR 2 8 1995 PRESS CLERK I RTTOANEY• Re: REZONING REQUEST 7 93--94, LUP 93-43 Lots 1 and 2, Block 3 and 1/2 of vacated street McMULLEN BAYVIEW SUBDIVISION 501 Bayview Avenue, 508 Meadowlark Lane Mayor and Commissioners, We request that staff make this letter a part of the above file, We request that the City Commission% 1. consider and act upon the above rezoning and land use request at your May 4, 1995 meeting; 2. act upon the February 20, 1995 version of the site plan (the version the Planning & Zoning Board acted upon at its February 2B, 1995 meeting); 3. act to deny the application. We, the residents of Bayview, spent an enormous amount of time and effort preparing for your Planning & Zoning Board's February 28, 1995 meeting, In a three-and-a-half-hour agenda item, we convinced the P&Z Board to recommend that you deny Mr. Meador's application. Immediately following that meeting, Mr. Meador, faced with recommendations fram every advising City Board that you deny his application, and after refusing for ten years to meet with his Sayview neighbors, called us and asked us to meet with him. We agreed. We prepared carefully for the meeting. We brought to it a carefully--thought-out site plan which would protect our historic Bayview neighborhood from devaluation and degradation by his development. We showed him how our plan resulted in absolutely no loss of developable land to him, and how it provided the protections necessary for Bayview. We offered, if he adopted our plan, to support his rezoning and land use change at the City, County, and State levels. We offered, as his neighbors, to support him and his businesses in any way we could. Mr. Meador apparently took our information and went to Mr. Cline and King Engineering, and submitted a "new" site plan to Scott Shuford an April 14, 1995. In ----------- »--------------------- • -------------------------------------------------- -Sq-P--07--1995 14:34 Cl-EARWATER CITY CLERK 813 462 6488 P.003 -2- We have seen that April 14, 1995 site plan. it includes none, repeat none, of the protections for Bayview that we asked Mr. Meador for. It includes none, repeat none, of the elements of our plan. We feel that we have been badly used by Mr. Meador, who we now suspect met with us only to seek information to use against us. Mayor and Commissioners, we have labored long and hard to preserve our wonderful historic Bayview neighborhood, a valuable asset to Clearwater. Mr. Meador's application, and the manner in which he has pursued it, has been a tremendous stress for us all. Mr, Meador's April 14, 1995 site plan does not meet any of our concerns. We ask you to please put an end to this matter. We a4k you to act upon this application at your May 4, 1995 meeting, and not allow any "new" site plan to complicate and confuse and delay it. And we ask you to deny the application. Thank you. Sincerely yours, ack Alvard 606 Bayview Avenue Clearwater, Florida 34619 Earl McMullen Sorenson 517 Bayview Avenue Clearwater, Florida 34619 t Brock Parker 716 Bayview Avenue Clearwater, Florida 34619 Allen Stowell 2873 Thornton Road Clearwater. Florida 34619 z?c v, ?1. Y i b N HibON m m 6 H LL I ., . `?? Pp r ?y 1 1 1 ' 1 t y ? r1 P4 LJ \0 ri la.Li i? u d?dQ, i y? r CK? PETITION to Mayor Garvey & City Commissioners, City of Clearwater, Florida Re: LAND USE AMENDMENT and REZONING REQUEST Z 93-94, LUP 93-43 Lots i and 2, Block 3 and 1/2 of vacated street McMULLEN BAYVIEW SUBDIVISION 501 Bayview Avenue, 508 Meadowlark Lane We petition you to VOTE to DENY the above REQUEST. We are neighbors of the residential Historic Town of Bayview. We value Bayview. We believe this commercial Land-Use Amendment and Rezoning request would lead to its destruction. We do not want this to happen. NAME ADDRESS C>c e_& - --_--_ -?.-__--_?? 11--------------------ZL - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - Z-4 __ ? ------------------ a_L1 ----- - ---------- _ad? _- ?fiGCC_ ------------------------------ ` ) ------------- -------------------------------------------------- -J Y7 ?F March 4, 1995 Mayor Garvey and City Commissioners City of Clearwater 112 South Osceola Avenue Clearwater, Florida 34616 Re: REZONING REQUEST Z 93-94 LUP 93--43 Lots 1 and 2, Block 3 and 1/2 of vacated street McMULLEN BAYVIEW SUBDIVISION 591 Bayview Avenue, 508 Meadowlark Lane Subject: Petition COPIES TO: COMMISSION MAR 0 7 1995 PRESS CLERK I ATTORNEY s We', the residents of Historical Bayview respectfully petition the Clearwater City Commission to consider and vole on the referenced rezoning and land use plan change at its march 16,1995, meeting as originally scheduled. Our reasons are as follows: 1. The March 16, 1995, meeting date has been publicly noticed and posted at 541 Bayview Avenue (see attached photo). Bayview residents, as well as others outside our area, have already responded to this notice by arranging schedules to attend on March 16, 1995. 2. The Planning and Zoning Board February 28, 1995, and City Commission March 16, 1995, dates were posted simultaneously. A request for delay of the March 16, 1995, consideration of this matter was not made until after the February 28, 1995, Zoning and Planning recommendation for denial. 3. Attorney Harry Cline's "full calendar in March" has little to do with the City Commission schedule. Bayview residents have been severely stressed by the many continuances at various stages of this rezoning issue which has continued over several years. It is difficult for us to keep up with the continual schedule changes and maneuvering. We feel that this matter is getting out of hand, Bayview residents are becoming angry, not discouraged. It is time this matter be settled by the City Commission on March 16, 1995. 4. Attorney Cline has other well-qualified people on his legal staff that can help him with his schedule and/or tape his place during the March )6, 1995 meeting. 5. Our present City Commission is seasoned and highly qualified to consider the referenced application. Postponing consideration to a newly elected"commission will not alter the fact that this application has been rejected by all of the City's advisory boards as well as many other City and County civic organizations. Note: Please be sure to read this Petition before signing. Print Name: Sign Name: Street Address: Date: lei' ---- ?T---,$ --------------------- ---------- ------- __- --------- ------------- - Page 2 of March 4, 1995, petition to Mayor Garvey and City Commission. Print Name: Sign Name: Street A,cdress: Date: 4 ---------- --_ _7_?7_ rJM?rn------ --- __-_36J1 __?.? ------------------------------- -- - - --- -------- IL/O 6-A 5?k Y5 C I 'T `kr d F C L E A R. W A TE R. POST OFFICE BOX A7AG CLEARWATER. FLORIDA 34618-4748 CLEA.RWATER ;IISTORIC PRESERVATION BOARD . 'Telephone (813) 462-6567 January 20, 1995 The Honorable Mayor Garvey and City Commissioners 112 South Osceola Avenue Clearwater, Florida 34515 Dear Mayor Garvey and City Commissioners: RE: Fina Gas Station/Historic Bayview At the Tuesday, January 17, 1995 meeting of the Historic Preservation Board, presentations were made to the Board concerning the proposed land use a.nd zoning atlas amendments affecting the Bayview area by the Central Permitting staff and by two residents of the Bayview neighborhood. Following the presentations, the members of the Board who were present discussed and voted unanimously to urge the City Commission to deny,any land use or zoning changes to the Old Town of Bayview, which may be one of the most historically significant neighborhoods of Clearwater. Thank you for considering the opinion of the Historic Preservation Board. Sincerely, f r ?Stegllen Alosa, Chairman 'Historic Preservation Board SAlvld cc: Clearwater Planning and Zoning Board Clearwater Historic Preservation Board Louis R. Hilton, Senior Planner/Board Liaison W1114w." G) `Equal Employment and Allirmaliva Action Employer' [U.1 r-•,.. - , r ?; ?. ~"? `r°`"•?? CU", Tt Clearwater Historical Society, ltw. DM Srwth Greenwood Avinut rq?.x.!1 YI . •. , .•.. ??,d Post Mc U.?x 171 . is u u C:i?tiswatrt, F1nrWis 31517 F Y. $ p M4 f CITY ' fyrup t{s.i= May k$, 1Q9A ? Do hayor and. Coumisaloners, ? The ClearwaLe r Histariaal Society ul"ses the coning of 504 Bayviov Avenue and'506 l+ieadcrW 7-ark Lane from residential to genteral co=arcial. Dayview is a httrtoric area originally having its own Pont Mice, Gene'tttl' Store, aaad Hotel. DayvLe AVQ=G "it c1aa=1y dHhned as a reeidtttListl Ctraet With UP W 100 )MAX . old hctaes and certr=? live oak treex beginrsnS immediaLely Anuth of Culf-to-Bey dew rte the bay. P1 a so be corvis tel)L w -4th your prior rea Cunal to rc-cone the xraa and k9cp it residential both for the yualiLy mf life of tho3c,. (hu 11om tho.e =d for Cienrwiraar' a heritage In the lar'gcr contexL. Th=tk you for your a.ttantion in this; =ttror. Sincerely, ,7 V b3t:z?•x 'Jtui?? 11 PT P;;ident, CltarwaLer Iiistoric:l Society ¦ COALITION OF CL]EARWATER C H HOMEOWNER ASSOCIATIONS F.D. BOX M4 CLEARWATER. FLORIDA, 34618 Planning & Zoning Board c/o Mr. Scott Shuford Central. Permitting P.O. Box 4748 Clearwater, Florida 34618-4748 December 18, 1994 ?? 6gII? d DEC 2 2 1994 CENTflAL PERMITTING CITY OF CLEAgWqTER v SUBJECT: Application for Future Land Use Plan Amendment for 509 Bayview Avenue and 508 Meadowlark Lane and Zoning Atlas Amendment for 509 Bayview Avenue, 508 Meadowlark Lane, and 3009 Gulf to Bay Boulevard; Owner R. Roy Meador, Trustee; Representative:'Harry S. Cline; Land Use Plan amendment: 0.59 Ac. m.o.l., Rezoning: 1.02 Ac. m.o.l. (Z 93-54 & LOP 93-43) On Monday, December 5, 1994 the Coalition of Clearwater Homeowner Associations, Inc. unanimously recommended that-the subject application be denied by your board. During the discussion that took place at our meeting it Iwas brought to our attention that a 1980 Bayview Architectural and Historical inventory was compiled for and sponsored by the City of Clearwater with funds from the Clearwater Planning Department under a mutual Planning Assistance grant from the Pinellas County Planning Council. This Bayview inventory documents the following: 1. Bayview is an environmentally sensitive area and is one the oldest historical settlements in the County. Nancy McMullen Meador, historian for the pioneer McMullen Clan, worked hard for the Preservation of Bayview and was deeply involved in the Bavview and Historical inventorv. 2. The 100-200 year old, giant oak trees played a significant role in providing a cooling canopy of shade for early Bayview and are well.worth registering and preserving in accordance with guidelines from the City Forester. 3. The McMullen House and land recently purchased by R. Roy Meador located at 509 Bayview for which he now wants commercial zoning, was constructed in 1894 wan was occupied by Edith M Booth. It is and should remain part of this historical., residential area. 1 tt!! h!:[In?rry±pp"V1I"I .r,u....n.....u...», ». ?..»?.-.. . 4. The last-paragraph of the study compiled,£or and sponsored by The City of Clearwater in 1984 states the following: "Preservations, concerned citizens, and government alike must rally to preserve this most important aspect of the birth of Pinellas County. True concern for the maintenance of these beginnings of our county are of utmost importance and must be preserved as a part of our heritage." We support our neighbors in their effort to preserve and protect this historical area and its, heritage and ask that City Staff make the same recommendation. Sincerely, se W. Evich President 2 ¦:.• << ----- COALITION OF CLEARWATER C C H F11 HOMFOWNER ASSOCIATIONS P.O. B OX 8204 CLEARWA'l ER FLORIDA , 34618 December 19, 1994 TO WHOM IT MAY CONCERN: The Coalition of Clearwater Homeowner Associations at its regular membership meeting of December 5, 1994 at which a quorum as specified in the by-laws was in attendance unanimously passed the following motion: "The Coalition of Clearwater Homeowner Associations is opposed to rezoning and/or change in the future land use plan of the property behind the-Fina gasoline station located at the corner of Bayview Avenue and Gulf-to-Bay." Sincerely, 1 u' Richard H. Glasgow Secretary DEC 2 21324 CENTRAL PERMITTING CITY OF CLEARWATER B C IN, Z SIERRA CLUB Suncoast Group P.O. Box 16006 St. Petersburg, Florida 33733-6046 THE SUNCOAST GROUP OFTHE SIERRA CLUB, FLORIDA CHAPTER, HEREBY URGES THE GOVERNMENTS OF PINELLAS COUNTY AND THE VARIOUS CI'T'IES RESIDING THEREIN TO EXERCISE MORE REVIEW OVER THEIR PERMITTING PROCEDURES REGARDING THE DISCOVERY OF CONTAMINATED SITES WITHIN THEIR JURISDICTION, AND THE SUBSEQUENT CONTAINMENT & TREATMENT THEREOF. THESE CONTAMINATED SITES MAY CONTAIN HAZARDOUS MATERIALS SUCH AS BENZENE, A CARCINOGEN, FROM LEAKING GASOLINE TANKS, PAST OR PRESENT, OR FROM THE IMPROPER DISPOSAL OF CLEANING AGENTS. WE HEREBY URGE THESE GOVERNMENTS TO REQUIRE CONTAMINATION ASSESSMENT REPORTS PRIOR TO SITE PLAN APPROVALS IN ANY REDEVELOPMENT ON SITES WHICH HAVE BEEN DETERMINED TO BE CONTAMINATED BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION. SUCH SITES MAY BE LISTED UNDER THE STATE OF FLORIDA'S "EARLY DETECTION INCENTIVE PROGRAM." THIS INFORMATION IS AVAILABLE IN COMPUTER PRINTOUT FORM BY CONTACTING: INFORMATION SYSTEMS OPERATOR RACHAEL MILLS, DEPT. OF ENVIRONMENTAL PROTECTION INTALLAHASSEE AT (904) 922-7121. ALSO, FOR FURTHER INFORMATION REGARDING THIS PROGRAM, YOU MAY CONTACT : DEPARTMENT OF ENVIRONMENTAL PROTECTION CIO NANCY EVANS, ENVIRONMENTAL MGR., TANKS PROGRAM, DIVISION OF WASTE MANAGEMENT 3804 COCONUT PALM DRIVE, TAMPA, FL. 33619 PHONE: (744-6100, EXT. 414) WITH 92% OF FLORIDIANS GETTING OUR DRINKING WATER FROM UNDERGROUND SOURCES, WE MUST PROTECT OUR CITIZENS DRINKING WATER FROM THOSE LIFE THREATENING CONTAMINANTS WHICH HAVE BEEN ACCIDENTIALLY LEAKED OR PURPOSELY DUMPED INTO OUR SOILS AND OR TO OUR GROUNDWATER THEREFORE, WE RESPECTFULLY REQUEST THE VARIOUS CITY GOVERNMENTS WITHIN PINELLAS COUNTY, AS WELL AS PINELLAS COUNTY, TO AVAIL 'T'HEMSELVES OF THE INFORMATION WITICH IS READILY AVAILABLE TO THEM THROUGH THE DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE EARLY DETECTION INCENTIVE PROGRAM. IT IS OF GREAT CONCERN TO OUR MEMBERS THAT INFORMATION IS NOT BEING EXCHANGED BETWEEN RESPONSIBLE GOVERNMENT AGENCIES REGARDING THIS PROGRAM AND THAT CONTAMINATED SITES MAY BE DEVELOPED WITHOUT THE FULL KNOWLEDGE OF THE PERMITTING AUTHORITIES THEREY POSSIBLY CAUSING FURTHER CONTAMINATION TO GROUND WATER AND NEARBY WELLS. SIGNED; KEITH BAILY, CFI , SUNCOAST GROUP OF SIERRA CLUB REF: Fina Gras Station, 3009 Gulf to Bay Blvd., Clearwater, F1. DEP Facility ID #528515207 v ,89Z-149i 1 ) i j SA TIMES ¦ TUESDAY EDITORIALS What's one more mistake? Ulmerton Road, once designated as Pi- nellas County's main east-west express- way, now tends to serve as a linear parking lot for fast-food joints, and Robert Stewart is teaching motorists why. When a develop- er recently asked the county to allow yet another commercial business along the strangled strip of Ulmerton known as the Miracle Mile, Stewart, a relative newcomer to the County Commission, was ready with a painfully familiar reply: "Given the benefit of 20-20 hindsight, I'm not sure putting commercial develop- ment on that section of Ulmerton was wise," Stewart told a reporter. "But adding one extra block is not going to make this that much worse." In other words: What's another bullet? The motorist is already dead. Maybe Stew- art ought to try peddling that excuse to motorists some rush-hour afternoon on Ul- merton. The issue here, of course, is not hind- sight. It's foresight and government plan- ning, two qualities sorely lacking in Pinel- las. Ulmerton Road is a modern-day plan- ning disaster, committed in large measure by several sitting commissioners and coun- ty administrator Fred Marquis, and to try to write it off as a mistake of history is to conveniently shift blame. The story of the Miracle Mile is instruc- tive. The state Department of Transporta- tion built two costly overpasses to speed traffic from Roosevelt Boulevard through the 1-mile Ulmerton connector, Yet the county quickly began destroying those state road plans by letting land developers begin to use the road as a driveway to their businesses. In 1977, the commission voted to convert 17 acres of agricultural land to industrial, and then in the 1980s it began to change industrial zoning to commercial. The result was that,by 1987, the Ulmerton 13 15, 1995 Oper stretch was already up to 66,000 cars a day --- twice as bad as the state standard for rating traffic a rock-bottom grade F. Yet the county's work was not over. Commissioners continued to allow more fast-food enterprises and hotels, which draw nearly 80 times more traffic than industrial development. And then the coun- ty and state added traffic lights - three of them -- to assure that patrons could get in and out of the hotels and restaurants. The state's 1985 Growth Management Act was supposed to prevent such mindless development. It requires that "infrastruc- ture be available concurrent with develop- ment," which means the road has to work if a developer wants to put more traffic on it. To its credit, the county's growth planning board, the Pinellas Planning Council, made that point in recommending that the newest commercial zoning request - for 9 acres on the western end of the Miracle Mile --- be denied. Noted Planning Council chair- woman Connie Kone: "That strip of land has been allowed to develop randomly with- out regard to planning principles." But planning principles have never much mattered in Pinellas, the state's most densely populated county. Too often, all that has mattered is the size of the checks developers write for commissioners' elec- tion campaigns. These disasters happen precisely be- cause politicians such as Stewart are cowed into making excuses for developers. The truth is that the public does not owe land speculators on Ulmerton Road a dime. What it deserves is a county commission that will respect the planning laws that were adopted to provide a sane and livable. community. When will this county, when will its elected commissioners, ever draw the line? ¦ Mike r i i i ..... CO: N T IF n froi on Y .? Y ¦, ' 0 N HLHON J t 5 I M? W d r, LL ? I ? I AK' VPIAC . P`Q?vy?,P rI ?. 4 1 1 J 10-1 f1 !&I L) 1 •1 I %L a I i r! 1 / y ea?vw ,c y3ff F y? ? • E t j 013A I /'1I ITEM ?,tyr•: ORDINANCE NO. 5742-95 AN ORDINANCE OF THE CITY- OF CLEARWATER,_ FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED SOUTH OF GULF TO BAY BOULEVARD BETWEEN BAYVIEW AVENUE AND MEADOWLARK LANE WEST OF McMULLEN-BOOTH ROAD. CONSISTING OF PART OF LOTS 1 AND 2. BLOCK 3. TOWN OF BAY VIEW A/K/A McMULLEN BAYVIEW SUBDIVISION, AND LOT A, BAY VIEW CITY SUBDIVISION, AND THE VACATED RIGHT-OF-WAY LYING BETWEEN LOT A. BAY VIEW CITY SUBDIVISION. AND LOTS 1 AND 2, TOWN OF BAYVIEW SUBDIVISION. WHOSE-POST OFFICE ADDRESSES ARE 509 BAYVIEW AVENUE, 508 MEADOWLARK LANE, AND 3009 GULF TO BAY BOULEVARD, FROM GENERAL COMMERCIAL AND SINGLE-FAMILY RESIDENTIAL 6 TO COMMERCIAL PLANNED DEVELOPMENT;. PROVIDING AN EFFECTIVE DATE. lg 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 four 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 See Exhibit A attached. (Z93-54) Zoning District From: (CG) General Commercial-and (RS-6) Single-Family Residential To: (CPD) Commercial Planned Development 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, contingent upon and subject to the adoption of Ordinance No. 5741-95. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED ALtgUSt 17. 1995 Rita Garvey. Mayor-Commissioner Approved as to form and legal sufficiency: ?] I ? me K. ATiFn, City Attorney Attest: Cynthia ou eau, City er LEGAL DESCRIPTION Lots I and 2, Block 3, Town of Bay View Subdivision a/k/a McMullen's Bay View Subdivision, except for that portion of said Lots 1 and 2 South of the following described line: Beginning at a point on the East right-of-way line of Bayview Avenue. lying 75 feet Northerly of the Southwest corner of said Lot 2 and going Easterly to a point on the West right-of-way line of Meadowlark Lane, said point lying 50 feet Northerly of the Southeast corner of said Lot 1. together with the Southerly 1/2 of the unnamed vacated right-of-way lying to the North of and adjacent to'said Lots 1 and 2, according to the plat thereof, as recorded in Plat Book 6, Page 23, public records of Hillsborough County, Florida.- of which Pinellas County was formerly a part; TOGETHER WITH: Lot A, Bay View City Subdivision, as recorded in Plat Book 9, Page 43, of the public records of Pinellas County, Florida, and ' TOGETHER WITH: The unnamed vacated right-of-way lying between said Lot 2, Bay View City Subdivision, and said Lots 1 and 2, Town of Bayview ' Subdivision. I 3 ' 14/01 ACnCCWErt1 54A 4-1107 N 0 1-11053 ACREEWEN1' 5444-807 1 14/06 14/07 3r -o u7 1a C> 15 1 - 33) " UNA AVENUE •,' oo = 407 TRAVEL , ^1 M ??f tb•7 ti ry d, z 3 4 5 6 1 z 3 4 5 TRAILER C 9 X13 S 23/x2 12 1110 9 8 7 11 9 a 7 PARK N Nt b a 7 6 b K f n.1+1 °o pbp q 60 q N Y 30M1 S y -JV71 q M M n a _t '4 7^O• 1 w G U L F -r-0 qb p- ? C V.? r rv S. R. 60 b GULF 5. R. 00 4 ° S GULF TO O? 101 2 2if? ':7f ••?,+.' 'ilrr: 103 0 c1' 10 oti y 105 2oa ?, +1,$fIi '' , iI%iflfrilf4 2 Q 7 `pp .y0 b.\ \pt 107 208 510 x/11 A s 9.1 ?Oy 109 21Q Z 516 1? ??/?? ,01 a ?pA \\p t 11 212 3 i 9 P pt ! ti o OF 5 ti \\1 115 214 517 3 4 Fi fin, ?? 117 210 '? SO BA 1 ?2` fj 119 210 a-? r'" y ti? \\6 t20 220 i7w ' 1 Sp !:''- x 4t ?r \ U 1g r: 1 ?? ,.t :'t• , ..130.. un7-177/ ,?h tif' 'L` 121 11 227 O der,. i:i. ?•s ri 1S i1 ?j \? s' iri]C\ •'• rr, t103 H {f. . ,k?` ,. , r \ s..? Vii., %r •r . 01 ROGERS STREET ?F;(1 f nr? tr, e 18 29 17 12 224 41 ?1• R.- d}40 601 rt 4r9 3x0 3r9 '?f ti ... u 28 1 17 Ir 22G !i'.=?_+,1q o ti ?11;I?# '#f1iSr:??.F'; i 3 19 !Ir ?2l 32r 125 4 127 226 J. !?c f t ?#-" 22 227 20 ,s 124 127 129 230 3JoiY u ,•?j?ltt?j +? ;? 42J -92t 323 220 y: / ?] v} 71 70 14 t2 129 229 31O 232 .f25 925 326 2Z8 t3} 1 234107 „ 77 25 13 120 13i 2 .1 ?t\ 427 928 1 . 927 31 d 230 7JI 135 2+G 107 ?- .-1 71 .4 12 133 137 234 :s 32Q 329 / 32/02 ?? A tJ2 0 139 240 01 a a a Hi- 13 2J3 141 2+2 p $ • 4 'tQ 11.r .. __..?? - PROPOSED REZ OWNER APPLICANT CIAO G?2 , R R T? I ZONING FPOM CG ?t RS - 6 TO G P D C)NING n?? I SEo 0,4 IL1 q s z Q3Y 54 ROPEFITY DESCnIPTION t' A PT LO-rs I S, 3, e L K 3 VNGMVLL6tJ GAY V I EW Sub 4 OT- A, 3Ag0tCLo C.?-rv AND Vf?CA'ML7 St-RC?I Qa?T?c=CN 0,73 ACnES PLAHHIHG Anti ZONING UOARR CITY r01.41,413510H SCCTIOH TOWNSHIP 'Lq S RAIIGF- 16 E ATLAS PACE . t- iii -1z 11 1a " ,• P. ? LJ..1_3,1,5- I.A ORDINANCE NO. 5891-95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED NORTH OF SUNSET POINT ROAD, CONSISTING OF LOTS 26 AND 27, BLOCK G. SECOND ADDITION TO SUNSET POINT, WHOSE MAILING ADDRESS IS 1910 DOUGLAS AVENUE, FROM RESIDENTIAL URBAN TO INSTITUTIONAL: PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the-City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan: now, therefore. BE IT ORDAINED BY THE CITY 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 -Land Use Categor,, Lots 26 and 27, Block G., Second From: Residential Urban Addition to Sunset Point-according to the map or plat thereof as recorded in Plat Book 8, Page 14,. of the public To: Institutional records of Pinellas County;-FL. {LUP95-22} Section 2. This ordinance.shall take effect immediately upon adoption, subject to the approval of the land 'Use designation by the Pinellas County Board of County Commissioners and subject to a determination by the state land planning agency or the Administrative Commission of the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes. The Director of Central Permitting is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING (?.7. R5 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: Id- Pamela K. Akin, City Attorney Rita Garvey. Mayor-Commissioner Attest: Cynthia ou eau. City Clerk STREET $ w h ? 4 h ti of r ? y y y1 - J B - 9 . 10 1 11 12 ` ,13 1 S ] I 1 ?A7 4 28 29 30 31 32 33 J 1 I? 24 r N ip N 19 20 11/01 1 1 - I V, 11 21 ?RliwbfA SEDEEVA 9 10 ? y o O N t 1 N N N n N erg 1 2 5 B SU 6 7 8 9 . F 10, 11 ;2 :3 9S ? 3S 15 17 18 Y N 111 N ti N 'N OD ` N y SEDEEVA CIRCLE lt PROPOSED LAND USE PLAN AMENDMENT and REZONING j OWNER l-?CLLEt???, 0RTE oDU?'? r !I APPLICANT 11, 1) 1T10 0.) 4) L1S G }`? U 12G?t PLANNING and ZONING BOARD CITY CQ)AMISSIOH SECTION (7 j TOWNSHIP 2.c? S RANGE is E ATLAS PAGE '2-5( 9 0 5' L U P Ll OPERTY DESCRIPTION -LA4ND USE PLAN ZONING LC7-rS zG ? '2-7 ! P-) L, K G ? u u S ?T' P o c,?r T ? N D i4DD FROM U5ME07"?-L URBAN 2r?8 To t?J?r?TLJ'T'tD+J A L P/SP 0.21.E ACRES 60 Z) , in 80 0 n 'ea n N ?3 20 ' Y ORDINANCE NO. 5892-95 AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA. AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED NORTH OF SUNSET POINT ROAD, CONSISTING OF LOTS 26 AND 27. BLOCK G. SECOND ADDITION TO SUNSET POINT, WHOSE POST OFFICE ADDRESS IS 1910 DOUGLAS AVENUE. FROM MULTIPLE-FAMILY RESIDENTIAL 8 (RM- 8) TO PUBLIC/SEMI -PUBLIC_(P/SP): PROVIDING AN EFFECTIVE DATE. ao 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 City is amended as follows: Property Zoning__District Lots 26 and 27, Block G. Second From: Multiple-Family Addition to Sunset Point, according Residential 8 (RM-8) to the map or plat thereof as recorded in Plat Book 8, Page 14, of the public To: Public/Semi-Public (P/SP) records of Pinellas County, FL. (295.05) 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 9.`7.85 Approve40 as to form and legal c y: sufficj 01 K/L .Pamela in City Attorney Rita Garvey Mayor-Commissioner Attest: Cynthia ou eau City Clerk n N 1 A REET I- s za N STREET 1' l?v IJ. M:i 19110 1 2 3 a 5?6 7 8 4 *a O A n h ? b ? M ' f2 3 a 5 1 I E 6 17 A 8 9 10 G G ^' M I ? ? ° C $ SEDEEVA CIRCLE I r .? ? ? i I ? 165 ? ? BBZ ? '? 1 1 (e??. -.??' ?_• i'?/+,.^'na+ ?``.:' PROPOSED LAND USE PLAN AMENDMENT and REZONING I a e.? till' 1 I v:r OWNER t45LL-ENic. 0RT APPLICANT -7rtP D ITtO j.)Z)WS`r C-H0rZG -LAID USE PLAN ZONING FROM RLS ?? E?1rt ?-? +J 8p r2m 8 TO 1NST'I`+"U.tDO A L Prsp z Cl 5=0; L U P Cl 5-2 Zr PROPERTY DESCRIPTION L- v`T S z G qt '2-7 t. K G v M 5 97T POINT, E N O J}D.D CITY C01•IMISS10H O.-2q ACRES PLANNING, and '60HING BOARD SECTION 03 TOWN5HJP 2R 5 RANGE IS I_ ATLAS PAGE 25l {a ORDINANCE NO. 5893-95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA. AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED WEST OF LACE DRIVEAND EAST OF HIGHLAND AVENUE. CONSISTING OF LOTS 1 THROUGH 6, BLOCK A, DRUID GROVES, AND 1/2 VACATED STREET, WHOSE POST OFFICE ADDRESS IS 1521 DRUID ROAD, FROM MULTIPLE-FAMILY RESIDENTIAL 8 (RM-8) TO RESIDENTIAL PLANNED DEVELOPMENT (RPD): 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 City is amended as follows: Property Lots 1 through 6, Block A, Druid Groves and 1/2 vacated street, according to the map or plat thereof as recorded in Plat Book 15. Page 46, of the official records of Pinellas County, FL. (Z95-06) Zoning District From: Multiple-Family Residential 8 (RM-8) To: Residential Planned Development (RPD) __ 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 q, x7.75 Approved as to form and legal sufficiency: Pamela K. M n City Attorney Rita Garvey Mayor-Commissioner Attest: Cynthia ou eau City Clerk l . • 5. rot S3 ton tos ? 52 r- trt 51 2 0 Tfs 5C) 4 lY tr! 50 h loo X45 ;o. 710 17 L? 1 { I l ,I 100 N _._ ; iy SLR:?h 60 E 2 %l 5 U°•• CLEARWATER ?1 7 I 7 z COMMUNITY 34 1 ?? y 8„ a HOSPITAL y h so e . I - - - - - -S,. o JASMINE Y I " o !OO 34/02 sa. ? vos Yoe " h N N b n O " " Or s 1 2 3 D a 5 6 h 2 C h !4 5 8 8A .8 7 1 6 5 4 1 R I 1 O? W , N b to I, 0 3 Cc % N -2 03 " " 2 n 7 5 IGO ° MAGNOLIA DRIVE I R+ 712 40 h h n a 9 4A -t0 "11 =' '? " loaa 12 13 X14 -15 t6 'l p p 100 SUNCOAST a? 24 ,023 N22 6021 .20 "19 b18 NS7 to g i FAMILY t2 6 WOW roos Y M C A E_OtUS PATH I love o N h k h N a 25 26 27 '28 29 - 30 "3t " 32 0 91 lorz 37' 36 o 035 N 34 33 a? + z 4C?7 3?? ? ? o ] 1 Win h h r h o r. n a - k PROPOSED REZONING i A R w Eger P. c o M ^& kA AJ I rY z °I 7- U OWNER APPLICANT v4a5 f I1-A L- PROPER--y DESCRIPTION ZONING rs ?-- aL_1'L, a FROM I TO ?. M b Lo o P, kA D VA C 0.7 7 ACRES ? P.- s s;. i PLANNING and ZONING 9OAtt0 I CITY r;O1. w13Si0N S£CT1ON 1Ll TOWNSHIP L`j 6 RANGE t? E ATLAS PACE Z.9- single F Emily ... ?1 I¦ ORDINANCE NO.5901-95 P a AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED EAST OF GREENWOOD AVENUE AND NORTH OF LA SALLE STREET, CONSISTING OF LOT 31. BLOCK E. GREENWOOD PARK NO. 2, WHOSE MAILING ADDRESS IS 1105 ENGMAN STREET, FROM RESIDENTIAL MEDIUM TO COMMERCIAL GENERAL: PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan: now, therefore. BE IT ORDAINED BY THE CITY 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 31, Block E, Greenwood Park No. 2, according to the map or plat thereof as recorded in Plat Book 8. Page 16 of'the public records of Pinellas County. FL. (LUP 95-25) Land Use-Cate-gory From: Residential Medium To: Commercial General Section 2. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners and subject to a determination by the state land planning agency or the Administrative Commission of the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Director of Central Permitting is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. - PASSED ON FIRST READING PISSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and leg 1 amesuffi iency: U a K. in, City torne Y Q . r?• T5 Rita Garvey. Mayor-Commissioner Attest: Cynthia ou eau, City er i 1 16 15 14 13 12 11 10} 9 13 146 w 1347 1a1x3- r3 3 l?37 iQ4 [? 3 110- as 5 40 6 1 2 3 4 5 6 7 $" 1301 ? 58a ©Q 620 1[ . STREET n 8 9 i 3 29 714 '1z 7rM 708 2 i 2 3 b i55 6 7 8 D 16 15 14 13 12 11 10 9 a to 04 ° n o ` ° o o $ o a o a 0 SO I old W 3 1"1 5 1 1 ?v ?+ .. 134P? 31 30 29 2a 2S 4 23 22 21 20 SQ 16 17 16 15 14 13 12 11 10 9 ?? 7 a 307 50834 34 37 3 43 44 7 7 48 ?Q S0 51 52 SJ 54 S5 S6 57 S6 59 a0 al 03.35 ° c M g r: l: r; r M 4 STREET ? I 716, 601 51 STREE' s 7 a Q 60 ai y i 1 104 2 104. '? 109c 4 103. 5 102E n 102 '023 roz. ov 7 102. 1019 for 1017 8 101 rots for fors 9 for loll lur 1409 10 loc Z. ?,t--^- ^?7 r• r--Z- -?r-?v ., RrW 5600--1906 I PROPOSED LAND USE PLAN AMENDMENT and REZONING W HER 0 o R.S E:,-{ 1 S kPPLICANT C,% -ry o r= C-LC-A9to RTER, -LANC?USE PLAN ZONING 1=ROµ RESIDENrcAL. Mawum RM Ir TO GCl'MMERr-ti; GEwE72AL G NG q5-07 LUP 95-25 3RJPERTY DESCRIPTION x.0`1• -311 E 31-u E I G REFNWvoD' PfAR.[,:? 1JoZ. r O,p g ACRES PLANNING and ZONING 80AF40 CITY COWMISSIOH b •f ?'. SECTION ?d TOWNSHIP '_1Q S RANQE 1 S ? ATLAS PAGE ? 6q AGEN*DA' DATE ~ ITEM v 11 fit' --i/4J-?- ysi ORDINANCE NO. 5902-95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED EAST OF GREENWOOD AVENUE AND NORTH OF LA SALLE STREET, CONSISTING OF LOT 31; BLOCK E, GREENWOOD PARK NO. 2, WHOSE POST OFFICE ADDRESS IS 1105 ENGMAN STREET, FROM MULTI-FAMILY RESIDENTIAL 12 TO NORTH GREENWOOD 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 City is amended as follows: Property Zoning District Lot 31, Block E, Greenwood Park From: Multiple Family Residential 12 No. 2. according to the map or plat (RM-12) thereof as recorded in Plat Book B, To: North Greenwood Commercial - CNG Page 16'of the public records of Pinellas County, FL (Z95-07) Section 2. The Central Permitting Director is directed 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. PASSED ON FIRST READING ?''7' q5 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal su f ' ci enc Pamela in City Attorney Rita Garvey Mayor-Commissioner Attest: ynt la ou eau City Clerk f 4 FI ?i f [ , i 9 16 15 14 13 12 1 l 10 9 isi;17 19 20 2t 2z 23 2 zs a 27 2 t ' ` 1 i 32 " - JOf 1Vtf 1 3 1?2 w Inc ? 1307 1 1 7 r3 r9tao ° S w m a , ? 4 ,J 5 r 3 ao 3 as ° 1iA NGE RtNE S TREET 104 e °: ?ryy 't ti Vr?y a, e 1 2 3 4 8 3 31 30 29 2a 25 4 23 22 21 I 20 19 la 17 18 15 14 13 14 11 t0 9 8 7 a 1301 w D 62Q 13003 IJ ° 1 i 0 1307 30534 36 37 3 43 44 4S 48 7 48 49 50 31 52 53 54 55 56 57 5a 59 60 61 STR E ET n JOJ3S o °? h `? h t ! * `? . 8 9 F a 3 » K %n r, ? w n o 1 2 3 5 6 7 8 D 16 15 la 13 12 11 10 9 c N. a m o o a ? ? a o n m o fl sot w w w s P/s P 131/Sp ENGMAN STR S EET 1zr532 <: o 'n w 1 J rztr 33 3 3a 29 28 27 5 24 23 zz 21 x a t7 to 15 14 i3 t2 t1 t s e 7 6 E l?07 3a 37 311 39 40 41 43 44 45 46 47 4a 49 50 31 32 53 34 33 5a 57 35 59 80 81? 1 1 35 ° a sv v o o N w N N *+ v to p r? q e? o t m m o t b ey CO k 0 1 g LA SALLE STR EE' ; t 10 STREET R 1rr . w w w ., - 35 1111 1 30 29 11 27 26 25 24 23 22 21 20 18 18 17 tb 15 14 13 12 10 9 8 7 a °0 11 c 5 1109 12 G VC w OD 1107 13 31106 rlos 14 11 10 9 8 7 6 2 29 1103 15 5 1 10 trot 31 t[ S p _ n 007 33 loos 'r2 R M 18 L- 32 1022- pro roo3 m itOOJA 1016 o , 006 ao'9 ° m rfa 1 a ?6 5 4 2 1 0 I a 00 STREETR 2 rn r nn 0 N7 8 Y 10 x,11 12 0 © 4400 o 7 ..L 1 5 F i 110b34 36 37 38 39 44 4t 42 43 41 43 44 47 40 49 50 51 52 53 54 55 56 37 4 4D 44 103 to to to to135 0 40 rot? .. ?o 65 24/01 22 23 24 7 o?61046 2?i O47 1 CO 1 10?• i 1045 5 z 1n,L , . ? 1013 ? 1 :1 20 04,5 14 B.R. 294-222 Q 1 2210*4 1041 3 f036 's 1 C? to 21034 1035 4r! 4 1031 13 t4 ,s le 17 031 20 1029 z 5 1025 19 102 610O2* m 6 rat B A 1023 roz? : 18 1020 1021 7 11021 7 rozc 1 N 5 7 e 9 P-1 to 11 12 1 rof rory S fail 8 re re N 1014 rots t. j 161012 1015 g fors 9 r_ o ' fooe X Li 70 151010 tart 10 iaag 1102"1 3 S a 1 2 4 Rw 14'000 lOOSI 11 100! X13 ?n?n 1 2 CO 1 x R/W 5600-1908 PROPOSED LAND USE PLAN AMENDMENT and REZONING W HER. .. r? o R.s 4PPLICANT c,l -ry or-- C-Lc-A9top,-rER, -LANDS USE PLAN ZONING FROM RESIpENTCgL MZDIUM P, M 12 q5-o7 LUP C? PROPERTY DESCRIPTION ?..c`r 3 l 1 Q Lu E I G REFto W0oD PRP-;' 1Jo2 To c?i?MERcII?t- GEO?ET2?L CNC, f 0.0? ACRES PLANNING and ZONING BOARD CITY CO1.IMISSIOH SECTION ld TOWNSHIP 2a S RAH?E I S E ATLAS PAGE 2-6R A aq ORDINANCE NO. 5906-95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, PROVIDING FOR THE CONSTRUCTION OF CERTAIN MUNICIPAL PUBLIC IMPROVEMENTS AND PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $1,400,000 SPECIAL ASSESSMENT IMPROVEMENT BONDS, SERIES 1995, OF THE CITY OF CLEARWATER, FLORIDA; PROVIDING FOR THE PAYMENT OF THE, BONDS FROM CERTAIN SPECIAL ASSESSMENTS; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1.- AUTHORITY FOR THIS ORDINANCE. This Ordinance is enacted pursuant to Chapter 166, Part II, Florida Statutes, Chapter 27, Article I, Code of ordinances of the City of Clearwater, Florida, and other applicable provisions of law (the "Act"). Section 2. FINDINGS. It is hereby ascertained, determined and declared that: A. Pursuant to Article VIII, Section 2(b), of the Florida Constitution and as an exercise of the Home Rule Authority of the - City of Clearwater, Florida, the City Commission (the "Commission") of the City of Clearwater, Florida (the "City" or the "Issuer") duly enacted Ordinance No. 5459--93 (the "Amending Ordinance"), amending Sections 27.01 through 27.13, Code of Ordinances of the City, providing, among other things, for special assessments based upon area; value or other reasonable bases and revising the notice and hearing requirements for special assessments. B. Pursuant to Section 27.03, Code of Ordinances of the City, the commission duly adopted Resolution No. 95-58 (the "Intent Resolution"), expressing an intention to levy special assessments (the "Special Assessments") and to construct certain improvements to Gulf Boulevard consisting of (a) the burying of existing electric power transmission lines, related utility transmission lines and related facilities and (b) the replacement of street light Roles and lights (the "Project") ; at the time the Intent Resolution was adopted, there was an file with the City Clerk (i) an assessment plat (the "Assessment Plat") showing the parcels to be assessed, and (ii) an estimate of the cost of the Project (the "Cost Estimate"), as required by Section 27. 03, Code of Ordinances of the City; t- -, C. Pursuant to Section 27.04, Code of Ordinances of the City, a preliminary assessment roll (the "Preliminary Assessment Roll") was prepared in accordance with the method of assessment provided for in the Intent Resolution and filed with the City Clerk; D. Upon completion of the Preliminary Assessment Roll, the Commission, pursuant to Section 27.05, Code of Ordinances of the City, duly adopted a resolution (the "Public Hearing Resolution'"} which fixed the date, time and place of certain public hearings as to the Project, the Special Assessments and related matters; E. Notices of such public hearing were duly mailed and published in accordance with Section 27.05, Code of Ordinances of the City, and as required by the Public Hearing Resolution; F. Pursuant to Section 27.05, Code of Ordinances of the City and the Public Hearing Resolution, at 'the times and places specified in the aforesaid notices of public hearing, the Commission held such public hearing, made a final decision to levy the Special Assessments, sat as an equalizing board, equalized the Special Assessments and by resolutions (the "Final Assessment Roll Resolution"), approved a final assessment roll and levied the Special Assessments shown thereon; G. Such final assessment roll is herein referred to as the "Final Assessment Roll." H. The Special Assessments shown on the Final Assessment Roll are in the aggregate principal amount of $1,400,000 and shall be payable, together with interest accruing from November 1, 1996 at an interest rate on the Bonds to be determined by subsequent resolution adopted prior to the issuance of the Bonds, in ten equal (or as nearly equal as possible) annual installments,of principal and interest, provided that prior to the date that is not less than ten (10) days prior to the date of issuance of the Bonds, any Special Assessment may be prepaid during a period of not less than thirty (30) days without interest as required by Chapter 27, Code of Ordinances of the City and the Final Assessment Roll Resolution. The Special Assessments are also subject to prepayment as provided in the Final Assessment Roll Resolution, and are subject to reduction by a credit as provided in Section. 27.05(4), Code of Ordinances of the City, and the Final Assessment Roll Resolution for their proportionate part of the difference in the special Assessments as originally made, approved and confirmed and the actual costs of the Project as finally determined by the City on the Acceptance Date; 2. Having considered the testimony provided at the public hearing for the Special Assessments and the public hearing prior to the final adoption hereof, any written objections filed with the Commission and other evidence presented at such public hearings, 2 the Commission hereby finds and determines that: (a) the city's actions to authorize the Project and the Bonds commenced following the request by a majority of the residents of the Special Assessment District 95-1 (the "District") responding to a ballot submitted to them by the Sand Key Civic Association for the City to cause the overhead electric power transmission cables and related utility lines to be buried in an effort to improve the District and to increase the safety of the residents and commercial establishments of the District; (b) that the existence of overhead electric power transmission cables and related utility lines pose a serious threat to the health and safety-of the residents of the District and users of the commercial establishments in the District in the event of a storm with high winds, such as Hurricane Andrew and Erin; (c) such power lines are subject to be downed in a storm increasing the chance of electrocution of such residents, removing the ability to .deliver electrical power to the District in the event of an emergency occasioned by such a storm, and impeding the ability of the City to respond to such an emergency; (d) such storms are occurring more frequently; (e) the problems associated with such overhead electric power transmission lines can be resolved through the burial of such lines underground; and (f) that completion of the Project and the issuance of the bonds herein authorized to finance the costs thereof are in furtherance of the public health and safety.functions of the City; and J. It is desirable for the Issuer to issue its special assessment improvement bonds, herein authorized (the "Bonds"),' in a principal amount not to exceed $1,400,000; K. The Issuer desires to authorize the Bonds and to establish the terms of the Bonds, the form of the Bonds, and make certain other covenants for the benefit of the initial and subsequent holders of the Bonds. Section 3. AUTHORIZATION OF PROJECT. There is hereby authorized the construction of certain municipal public improvements to Gulf Boulevard within the municipal limits of the city consisting of (a) the burying of existing electric power transmission lines, relaters utility transmission lines and related facilities and (b) the replacement of street light poles and lights (the "Project"). Section 4. ORDINANCE TO-CONSTITUTE CONTRACT. In considera- tion of the acceptance of the Bonds by the Bondholders from time to time, this ordinance shall be deemed to be and shall constitute a contract between the Issuer and such Bondholders. The covenants and agreements herein set forth to be perforined by the Issuer shall be fo A the equal benefit, protection and security of the legal Bondholders of any and all of such Bonds, all of which shall be of equal rank and without preference, priority or distinction of any of the Bonds over any other thereof, except as expressly provided therein and herein. 3 M- . . Section 5. AUTHORIZATION OF BONDS. Subject and pursuant to the provisions hereof, Bonds of the Issuer to be known as "Special Assessment Improvement Bonds, Series 1595" are authorized to be issued in the aggregate original principal amount of not exceeding $1,400,000, provided however, that the Issuer reserves the right to change the series designation of the Bonds by subsequent resolution adopted prior to the date of issuance of the Bonds. Section 6. DESCRIPTION OF BONDS. The Bonds are authorized pursuant to Chapter 166, Part II, Florida Statutes, and Section 27.07, Code of Ordinances of the City. The Bonds and the Issuer's obligations to pay the principal of and interest on the Bonds shall be special and limited obligations of the Issuer payable''solely from and secured solely by the Bond Security (hereafter identified) which is expressly pledged to the holders of the Bonds as security therefor. The. Bonds shall be dated as of a date or dates to be fixed by subsequent resolution of the Issuer, but not later than their date of delivery, may be serial bonds, term bonds, or a combination thereof; shall be designated "R- " and 'numbered consecutively from one upward in order of authentication; shall be in such denomi- nations, shall bear interest at such rate or rates not exceeding the maximum legal rate allowable by law to be payable at such times, and shall mature either annually or semi-annually on such dates and in such years and amounts, all as shall, be determined by subsequent resolution of the Issuer. The Bonds shall bear interest from their date or from the most recent interest payment date to which interest has been paid, until payment of the principal sum. The Bonds shall be issued in denominations of $100,000 or any integral multiple of $5,000 in excess' thereof, and shall be delivered only to an "accredited investor" as such term is-defined in the securities and Exchange Act of 1933, as amended, and Regulation D promulgated thereunder. The Bonds shall be issued in fully registered form, payable as to principal and premium, if any, upon presentation and surrender thereof on the date fixed for maturity or redemption thereof at the corporate trust office of the paying agent hereafter named. Interest on each fully registered Bond shall be paid by check or draft mailed to the person in whose name the Band is registered, at his or her address as it appears on the band register maintained by the Bond Registrar, at the close of business on the 15th day of the month (whether or not a business day) next preceding the interest payment date (the "Record Date"), irrespective of any transfer of each Bend subsequent to such Record Date and prior to such interest payment date, unless the Issuer shall be in default in payment of interest due on such interest payment date. In the event of any such default, such defaulted interest shall be payable to the person in whose name such Bond is registered at the close of business on a special record date for the payment of defaulted 4 interest as established by notice mailed by the Registrar to the registered owner of the Bonds not less than fifteen days preceding such special record date. Such notice shall be mailed to the person in whose name such Bond is registered at the close of business on the fifth (5th) day preceding the date of mailing. All payments shall be made in accordance with and pursuant to the terms of this ordinance and the Bonds and shall be payable in any coin or currency of the United States of America which, at the time of pay= ment is legal tender for the payment of public or private debts. No Bond shall be valid or become obligatory for any purpose or be entitled to any security or benefit under the ordinance until the certificate of authentication endorsed on the Bond shall have been duly signed by the Bond Registrar. If the date-for payment of the principal of, premium, if any, or interest on the Bonds shall be a Saturday, Sunday, legal holiday or a day on which the banking institutions in the city ,where the corporate trust office of the paying agent is located are autho- rized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday or legal holiday or a day on which such banking institutions are authorized to close, and payment on such date shall have the same force and effect as-if made on the nominal date of payment. Section 7. EXECUTION OF BONDS. The Bonds shall be executed in the name of the Issuer by the Mayor-Commissioner and City Manager and attested by the City Clerk, and approved as to form, and legal sufficiency by the City Attorney, either manually or with facsimile signature, and the official seal of the Issuer, or a facsimile thereof shall be affixed thereto or reproduced thereon. The facsimile signature of such officers may be imprinted or reproduced on the Bonds. The Certificate of Authentication of the Bond Registrar shall appear on the Bonds, and no Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this Ordinance unless such certificate shall have been duly executed on such Bond. The authorized signature for the Bond Registrar shall be either manual or facsimile; provided, however, that at least one of the signatures appearing on the Bonds shall at all times be a manual signature. In case any officer whose signature shall appear on any Bonds shall cease to be such officer before the delivery of such Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all pur- poses the same as if he had remained in office until such delivery. Any Bonds may be signed and sealed on behalf of the Issuer by such person who at the actual time of the execution of such Bonds shall hold t?e proper office with the Issuer, although at the date of enactment of this ordinance such person may not have held such office or may not have been so authorized. Section S. NEGOTIABILITY. Subject to the provisions hereof respecting registration and transfer, the Bonds shall be and shall 5 have all the qualities and incidents of negotiable instruments under the-laws of the State of Florida, and each successive holder, in accepting any of the Bonds, shall be conclusively deemed to have agreed that the Bonds shall be and have all of such qualities and incidents of negotiable instruments under the Uniform Commercial Code - Investment Securities of the State of Florida. Section 9. REGISTRATION, EXCHANGE AND TRANSFER. There shall be a Bond Registrar for the Bonds which may be the Issuer or a designated bank or trust company located within or without the State of Florida. The Bond Registrar shall maintain the registra- tion books of the Issuer and be responsible for the transfer and exchange of the Bonds. The Issuer. shall, prior to the proposed date of delivery of the Bonds, by resolution designate the Bond Registrar and Paying Agent. The Bond Registrar shall maintain the books for the registration of the transfer and exchange of - the Bonds in compliance with the Florida Registered Public obligations Act and the system of registration as established by the Issuer pursuant thereto.. Bonds may be transferred upon the registration books, upon delivery to the Registrar, together with written instructions as to the details of the transfer of such Bonds, along with the social security number or federal employer identification number of such transferee and, if such transferee is a trust, the name and social security-or federal employer identification numbers of the settlor and beneficiaries of the trust, the date of the trust and the name of the trustee. No transfer of any Bond shall be effective until entered on the registration books maintained by the Bond Registrar. Upon surrender for transfer or exchange of any Bond, the Issuer shall execute and the Bond Registrar shall authenticate and deliver in the name of the registered owner or the transferee or transferees, as' the case may be, a new fully registered Bond or Bonds of authorized denominations of the same maturity and interest rate for the aggregate principal amount which the registered owner is entitled to receive at the earliest practicable time in accordance with the provisions of this Ordinance. The Issuer or the Bond Registrar may charge the owner of such Bond for every such transfer or exchange an amount sufficient to reimburse them for their reasonable fees and for any tax, fee, or other governmental charge required to be paid with respect to such transfer, and may require that such charge be paid before any such new Bond shall be.. delivered. All Bonds presented for transfer, exchange, redemption or paymen ? (if so required by the Bond Registrar), shall be accom- panied by a written instrument or instruments of transfer or authorization for exchange, in form and with guaranty of signature satisfactory to the Bond Registrar, duly executed by the registered holder or by his duly authorized attorney in fact or legal representative. 6 All Bonds delivered upon transfer or exchange shall bear interest from the preceding interest payment date so that neither gain nor loss in interest shall result from the transfer or exchange. New Bonds delivered upon any transfer or exchange shall be valid obligations of the Issuer, evidencing the same debt as the Band surrendered, shall be secured by this ordinance and shall be entitled to all of the security and the benefits hereof to the same extent as the Bonds surrendered. The Issuer and the Bond Registrar may treat the registered owner of any Bond as the absolute owner thereof for all purposes, whether or not such Bonds shall be overdue, and shall not be bound -by any notice to the contrary. Notwithstanding the foregoing provisions of this section, the Issuer reserves the right, on or prior to the delivery of the Bonds to amend or modify the foregoing provisions relating to the regis- tration of the Bonds by resolution or ordinance in order to comply with all applicable laws, rules, and regulations of the United States and/or the State of Florida relating thereto. In addition, -pursuant to a resolution adopted prior to the issuance of the Bonds,-the Issuer may establish a book-entry-only system of regis- tration for the Bonds, the provisions of which shall be deemed to modify any inconsistent provisions of this ordinance. Section 10. BONDS MUTILATED, DESTROYED, STOLEN OR LOST. In case any Bond shall become mutilated, or be destroyed, stolen or lost, the Issuer may in its discretion issue and deliver a new Bond of like tenor as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond upon surrender and cancellation of such mutilated Bond or in lieu of and substitu- tion for the Bond destroyed, stolen or lost, and upon the holder -turnish-ing the Issuer proof of his ownership thereof and satis- factory indemnity and complying with such other reasonable regulations and conditions as the Issuer may prescribe and paying such expenses as the Issuer may incur. All Bonds so surrendered .shall be canceled by the Registrar for the Bonds. If any of the Bonds shall have matured or be about to mature, instead of issuing a substitute Bond, the Issuer may pay the same, upon being indemnified as aforesaid, and if such Bonds be lost, stolen or destroyed, without surrender thereof. Any such duplicate-Bonds issued pursuant to this section shall constitute original, additional contractual obligations on the part of the Issuer whether or not the lost, stolen or destroyed Bonds be at any time found by anyone, and such duplicate Bonds shall be entitled to equal and proportionate benefits and rights as to lien on the'Isource and security for payment from the funds, as herein- after pledged, to the same extent as all other Bonds issued hereunder. 7 1 ?1+ Section 11. PROVISIONS FOR REDEMPTION. The Bonds shall be redeemable-as provided by subsequent resolution of the issuer. Bonds in denominations greater than an authorized denomination shall be deemed to be an equivalent number of Bonds in the denomination of an authorized denomination. If a Bond is of a denomination larger than an authorized denomination, a portion of such Bond may be redeemed, in the amount of an authorized denomination or integral multiples thereof. Notice of such redemption, identifying the Bonds or portions thereof called for redemption (i) shall be filed with the paying agents' and any Registrar; and (ii) shall be. mailed by the Registrar, first--class mail, postage prepaid, to all registered owners of the Bonds to be redeemed not more than sixty (60) days and not less than thirty (30) days prior to the date fixed for redemption at their addresses as they appear on the registration books to be maintained in accordance with the provisions hereof. Failure to give such notice by mailing to any owner of Bonds, or any defect therein, shall not affect the validity of any proceeding for the redemption of other Bonds. ' Notice having been mailed and filed in the manner and under the conditions hereinabove provided, the Bonds or portions of Bonds so'called for redemption shall, on the redemption date designated in such notice, become and be due and payable at the redemption price provided for redemption of such Bonds or portions of Bonds on such date. On the date so designated for redemption, notice having been mailed and filed and moneys for payment of the redemption price being held in separate accounts in trust for the holders of the Bonds or portions thereof to be redeemed, all as provided in this Ordinance, interest on the Bonds or portions of Bonds so called for redemption shall cease to accrue, such Bonds and por- tions of Bonds shall cease to be entitled to any lien, benefit or security under this Ordinance, and the holders or Registered owners of such Bonds or portions of Bonds, shall have no rights in respect thereof, except the right to receive payment of the redemption price thereof. Section 12. FORM OF BONDS. The text of the Bonds shall be in substantially the form attached hereto as Exhibit A, with such omissions, insertions and variations as may be necessary and desirable and authorized and permitted by this Ordinance or by any subsequent ordinance or resolution adopted prior to the issuance thereof. Section 13. BONDS NOT DEBT OF ISSUER. The Bonds shall not be or cons''titute general indebtedness of the Issuer within the meaning of any constitutional or statutory provision or limitation, but shall be payable solely from and secured by a prior lien upon and pledge of the Bond Security herein provided. No Bondholder shall ever have the right to compel the exercise of the ad valorem taxing 8 M_-. power of the Issuer or taxation in any form of any real property therein to pay the Bonds or the interest thereon or be entitled to payment of such principal and interest from any other funds of the Issuer except from the Bond Security in the manner provided herein. Section 14. FUNDS AND ACCOUNTS; PLEDGE. (a) Deposit of Proceeds. Upon receipt of the proceeds of the Bonds the same shall be deposited in the Project Fund described in (b), below. (b) Project Fund. There is hereby created a special fund entitled Clearwater Special Assessment Project Fund (the "Project Fund") which shall be established and administered by the Issuer's Finance Director. Except as provided below, amounts in the Project Fund shall be used only to pay (a) expenses of issuing the Bonds, (b) interest on the Bonds for a period of not to exceed twelve (12) months (which amount shall be held in a Capitalized Interest Subaccount until disbursed to pay such interest) and (c) costs of the Project. If amounts in the Project Fund are not sufficient to .pay all costs of the Project, the Issuer, at its election, may (i) reduce the scope of the Project, (ii) may voluntarily use other Issuer funds to complete the Project, or (iii) adopt an additional special assessment to cover such excess costs. If upon acceptance of the Project the amounts in the Project Fund exceed the amount needed to pay all remaining costs of the Project, the excess may, at the election of the Finance Director, be used to pay interest on the Bonds for a period not to exceed one year following the Accep- tance Date, defined herein. To the extent not used for such purpose, such excess shall be used to prepay the principal of the Bonds in a prorata amount of each amortization installment and maturity payment. The Issuer covenants to commence the construction of the Project as soon as reasonably possible following the issuance of the Bonds, to conduct the construction of the Project with due diligence and shall use its best efforts to cause the Project to be completed and accepted by the Issuer not later than a date certain to be designated by the City in a subsequent resolution adopted prior to the issuance of the Bonds (the "Anticipated Acceptance Date"). (c) Sinking Fund. There is hereby created a special fund entitled Clearwater Special Assessment Improvement Fund (the "Sinking Fund") which shall be established and administered by the Issuer's Finance Director. All principal of, interest on and penalties on the Special Assessments shall be deposited upon receipt in the Sinking Fund. All amounts on deposit in the Sinking Fund on a date to be determined by the city in a subsequent resolution adopted prior to the issuance of the Bonds (the "Payment Date"), shall be used to pay debt service on the Bonds which is scheduled to become due on such date and any excess amounts, at the election of the Finance 9 I- - - ., Director, may on that date be used to repay any advances previously made to- the Sinking Fund (and not previously repaid) from other funds or accounts of the Issuer and any such excess which is not so used may be used on such Payment Date to prepay principal of the Bonds or may be transferred to the General Fund of the Issuer or such other fund as may then be designated by the Finance Director. Prepayments of the principal of the Bond shall be applied to installments of principal not yet due in a prorata amount of each amortization installment and final maturity payment. If at any time debt service on the Bonds is due and payable there are not sufficient moneys in the Sinking Fund to pay all debt service then due and payable, then the Issuer may, but shall not be required to, advance moneys in the Current. Administration Fund or other lawful funds of the Issuer for such purpose. Any advances so made to the Sinking Fund may subsequently be repaid from amounts thereafter deposited in the Sinking Fund, as above provided. (d) Current Administration Fund. There is hereby created a special fund entitled Clearwater Special Assessment Current Administration Fund (the "Current Administration Fund") which shall be established and administered by the Issuer's Finance Director in the Issuer's General Fund. Amounts in the Current Administration Fund shall be used to pay costs 'of administering the special Assessments and the Bonds, to make payments to the United States of America pursuant to the provisions of Section 148(f) of the Internal Revenue Code of 1986, as amended (the "Code"), to reimburse the Issuer for administration expenses and any amounts voluntarily advanced to make payments pursuant to Section 148(f) of the Code. and may also be used .for any lawful purpose of the Issuer. (e) Investment Income. Moneys in the-Funds and Accounts created hereby shall be invested by the Finance Director in invest- ments in which moneys of the Issuer may lawfully be-invested. All income earned by the Issuer from the investment of sale proceeds of the Bonds and from the reinvestment of such income prior to the Acceptance Date shall be deposited upon receipt in the Project Fund. After the Acceptance Date all investment income earned on the sale proceeds of the Bonds and from the reinvestment of such income shall be deposited upon receipt in the Sinking Fund. Income earned by the Issuer from the investment of amounts derived from the Special Assessments and from the reinvestment of such income, shall be deposited, upon receipt, as follows: (i) first, to the Sinking Fund, but only to the extent needed to assure the timely payment of debt service on the Bonds, (ii) second, to the Current Administration Fund to the extent needed to pay or to provide for payments to the United States of America pursuant to the provisions of Section 148(f) of the Code and (iii) the balance shall be deposited in the Sinking Fund or the Current Administration Fund or apportioned between those Funds in such manner as the Finance Director shall elect.- In making investments the Finance Director shall comply with the provisions of Section 148 of the Code. 10 M Pledges. (i) The Issuer hereby pledges to the holders of the Bonds for the payment of the Bonds and debt service thereon the following "Bond Security": (A) the Special Assessments, the special assessment liens on parcels of benefi.tted-property securing such Special Assessments and all revenues received from the collection of the Special Assess- ments other than amounts recovered by the Issuer for legal and other administrative costs incurred by the Issuer and payable from the one (1%) percent administrative fee levied as part of the special assessment; and (B) Amounts on deposit in the Funds and Accounts created hereby (except for amounts in the Current Administration Fund), provided that the interest of the holder of the Bonds on amounts in the Project Fund shall 'be subject to the Issuer's prior right to apply those amounts as provided in subsection (b) of this section. (ii) The Issuer hereby covenants to use the amounts in the Current Administration Fund for the purposes specified in subsection (d) of this section. (iii) The amounts held in the aforesaid Funds and Accounts are to be held in trust by the Issuer for the pur- poses-herein provided and shall be deposited, held, invested and disbursed as provided herein and in accordance with law. Accounting records shall be maintained by the Finance Director for each such Fund, Account and Subaccount and for the.cash and investments therein and investment income therefrom. Such records shall be maintained in such a manner as to facilitate compliance with the applicable provisions of section 148 of the Code. (g) Covenant Relating to Pledge. Except for the Bonds, the Issuer will not, without the prior written consent of the holders of the Bonds, issue any obligations or evidences of indebtedness of any type or character which are payable from the Bond Security, nor voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or other charge, having priority over or being on a parity with the lien hereby created on the Bond Security to secure payment of the Bonds and debt service thereon'. (h) Bonds are a Limited Obligation-of the Issuer. The Bonds and the debt service thereon shall be limited and special obligations of the Issuer payable solely from the Bond Security, as 11 provided herein. However, nothing. herein shall prohibit the Issuer; in its sole discretion, from advancing moneys from other lawful sources for deposit in the Sinking Fund, and if any other moneys are deposited in the Sinking Fund such money shall, upon such deposit, become a part of the Bond Security and be subject to the lien and pledge hereof. (i) Administration and -Enforcement of Special Assess- ments. The Issuer has elected to use the uniform method of collection of non-ad valorem special assessments as permitted by Section 197.3632, Florida Statutes, and,hereby covenants that such method of collection of special assessments shall be maintained therefor until the Special Assessments are collected in full or the Bonds are retired. Section 15. APPLICATION OF PROCEEDS OF THE BONDS. All moneys received from the sale of the Bonds shall be deposited by the Issuer in a special fund and applied by the Issuer as follows: (A) All accrued interest shall be deposited in the Sinking Fund and used solely for the purpose of paying interest on the Bonds. (B) To the extent not reimbursed or paid by the original purchaser of the Bonds, the -Issuer shall pay all costs and expenses in connection with the preparation, issuance and sale of the Bonds. (C) The balance of the proceeds of the Bonds (including capitalized interest) shall be deposited in the Project Fund to be distributed in accordance with Section 14(b) hereof. Such funds shall be accounted for separate and apart from all other funds of the Issuer and the moneys on deposit therein shall be withdrawn, used and applied by the Issuer solely for the purposes set forth herein. Section 16. TAX COMPLIANCE. A. In General.. The Issuer at all times while the Bonds and the interest thereon are outstanding will comply with all applic- able provisions of the Code and any valid and applicable rules and regulations promulgated thereunder (the "Regulations") in order to ensure that the interest on the Bonds will be excluded from gross income for federal income tax purposes. B., Rebate. (1) The Issuer shall either make or cause an independent firm of certified public accountants or tax compliance firm to make and promptly provide to the Issuer the rebate calculations required by the Code and Regulations, on which the Issuer may conclusively rely in taking action under this section. The Issuer shall make deposits to and disbursements from separate 12 I- I-. accounts to the extent 'required by the Code and Regulations and shall otherwise maintain full and complete accounting -records of receipts and disbursements of, and investment purchases and sales allocated to, the "gross proceeds" subject to the rebate. requirements of the Code and Regulations and an Arbitrage Letter of Instructions delivered to the Issuer in conjunction with the issuance of the Bonds and as may be thereafter amended or supplemented. The requirements of this 'Subsection, 16B may be superseded or amended by new calculations accompanied by an opinion of bond counsel addressed to the Issuer to the effect that the use of the new calculations are in compliance with the Code and Regulations and will not cause the interest on the Bonds to become included in gross income for Federal income tax purposes. . (2) The Issuer shall either make or cause an independent firm of certified public accountants or tax compliance firm to annually make after the end of each Bond Year and within the time required by the Code and the Regulations the computation of the rebate deposit required by the Code, on which the Issuer may conclusively rely in taking action under this Subsection B. Records of the determinations required by this Subsection B and the Code and Regu- lations shall be retained by the Issuer until six (6) years after the Bonds are no longer outstanding. (3) Within the time required by the Code and Regulations following the end of the fifth Bond Year, as defined in the Code, and every five (5) years thereafter, the Issuer shall pay to the United States of America ninety percent (90a) of the rebate amounts calculated as of such payment date, as shown by the computations of the Issuer or the certified public accountants or tax compliance firm, and one hundred percent (100'x) of the earnings on such rebate amounts as of such payment date. Not later than sixty (60) days after the final retirement of each applicable series of Bonds, the Issuer shall pay to the United States of America one hundred percent (100%) of the balance remaining of the rebate amount and the earnings thereon. Each payment required to be paid to the United States of America pursuant to this Subsection B shall be filed with the Internal Revenue Service Center, Philadelphia, Pennsylvania 19255. Section 17. SALE OF THE BONDS. The Bonds shall be issued and sold in such manner and at such price or prices consistent with the provisions of the Act and the requirements of this ordinance, all at one time or in installments, from time to time, as the Issuer shall hereafter determine by resolution. Section 18. MODIFICATION OR AMENDMENT. No material modifica- tion o'A amendment of this Ordinance or of any ordinance or resolu- tion amendatory hereof or supplemental hereto may be made without the consent in writing of (i) the insurer under any insurance policy of the Issuer then in force which insures against nonpayment of principal of and redemption premium, if applicable, and interest 13 f -- on, the Bonds, and (ii) the Registered Owners of two--thirds or more in the principal amount of the Bonds then outstanding; providing, however, that no modification or amendment shall permit a change in the maturity of the Bonds or reduction in the rate of interest thereon or in the amount of the principal, obligation thereof or affecting the promise of the Issuer to pay the principal of and interest on the Bonds as the same shall become due from the Bond Security or reduce the percentage of Registered Owners required to consent to any material modification or amendment hereof without the consent in writing of any insurer and of all Registered Owners; provided further, however, that no such modification or amendment shall allow or permit any acceleration of the payment of principal of or interest on the Bonds upon any default in the payment thereof whether or not the insurer and Registered Owners consent thereto. Section 19. DEFEASANCE AND SUBROGATION. (a) If, at any time, the Issuer shall have paid, or shall have made provision for pay- ment of, the principal, in and redemption premiums, if any, with respect to the Bonds, then, and in that event, the pledge of and lien an the Bond Security and all covenants herein in favor of the Bondholders shall be no longer in effect.- For purposes of the preceding sentence, deposit of federal securities or bank certificates of deposit fully secured as to principal and interest by federal securities (br deposit of any other securities - or investments which may be authorized by law from time to time and sufficient under such law to effect such a defeasance) in irrevocable trust with a banking institution or trust company, for the sole benefit of the Bondholders, in respect to which such federal securities or certificates of deposit, the principal and interest received will be sufficient to make tamely payment of the principal of, interest on, redemption premiums, if any, expenses and any other obligations of the Issuer incurred with respect to the outstanding Bonds, shall be considered "provision for payment". Nothing herein shall be deemed to require the Issuer to call any of the outstanding Bonds for redemption prior to maturity pursuant to any applicable optional redemption provisions, or to impair the discretion of the Issuer in determining whether to exercise any such option for early redemption. (b) In the event any of the principal and redemption premium, if applicable, and interest due on the Bonds shall be paid by an insurer pursuant to an insurance policy which insures against non- payment thereof, the pledge of the Bond Security and all covenants, agreements and other obligations of the Issuer to the registered owners to whom or for the benefit of whom the insurer has made such payments, shall continue to exist and the insurer shall be subrog q,ted to the rights of such registered owners to the full extent of such payments. Section 20. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provisions of law or contrary 14 rt=-"... to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof or of the Bonds issued hereunder. Section 21. SUPPLEMENTAL RESOLUTIONS. The Issuer may, by supplemental resolution (a) change the fiscal details of the Bonds (including, but not limited to, the interest payment dates) at the request of the purchaser of the Bonds, and (b) set forth any provisions required in order to obtain municipal bond insurance or other credit enhancement. Pursuant to such supplemental, resolution the. Issuer may make such covenants as it-may determine to be appro- priate with any financial institution that shall agree to insure the Bonds. Such covenants shall be binding on the Issuer and the holders of the Bonds the same as if such covenants were set forth in full in this ordinance. Section 22. VALIDATION AUTHORIZED. The City's Bond Counsel, in-conjunction with the City Attorney, is hereby authorized and directed to institute appropriate proceedings in the Circuit Court in and for Pinellas County, Florida, for the validation of the Bonds and the proper officers of the Issuer are hereby authorized to verify on behalf of the Issuer the pleadings in such proceed- ings. Section 29. OPEN MEETING FINDINGS. It is hereby found and determined that all official acts by the commission concerning and relating to the enactment of this ordinance and all prior resolu- tions relating to the Bonds were taken in open meetings of the dommission and that all deliberations of the Commission or any of its committees that resulted in such official acts were in meetings open to the public, in compliance with all legal requirements, including Section 286.011, Florida Statutes. Section 24. REPEALING CLAUSE. All ordinances or resolutions or parts thereof of the Issuer in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. .Section 25. EFFECTIVE DATE. This ordinance shall take effect immediately upon its passage. Section 26. PUBLIC NOTICE. Notice of the proposed enactment of thi Ordinance has been properly advertised in a newspaper of general circulation in accordance with Chapter 166.041, Florida Statutes. 15 r7 PASSED ON FIRST READING , 1995 -PASSED ON SECOND READING AND FINAL READING AND ADOPTED,AS AMENDED. , 1995 Mayor-commissioner Attest: City Clerk Approved-as to Form, S icie y and Correctness: ' ti City Atto ney f 16 EXHIBIT A THIS BOND MAY BE REGISTERED ONLY IN THE NAME OF AND TRANSFERRED TO AN "ACCREDITED INVESTOR" AS SUCH TERM IS DEFINED IN THE SECURITIES AND EXCHANGE ACT OF 1933, AS AMENDED, AND REGULATION D PROMULGATED THEREUNDER, AND OTHERWISE IN ACCORDANCE WITH APPLICABLE FEDERAL AND STATE SECURITIES LAWS. No. R- UNITED STATES OF AMERICA STATE OF FLORIDA COUNTY OF PINELLAS CITY OF CLEARWATER SPECIAL ASSESSMENT IMPROVEMENT BOND, SERIES 1995 MATURITY DATE: INTEREST RATE: DATED DATE: CUSIP: Registered Owner: Principal Amount: KNOW ALL MEN BY THESE PRESENTS, THAT THE CITY OF CLEARWATER, FLORIDA (the "Issuer" or the "City"), for value received, promises to pay to the order of the Registered owner identified above, or registered assigns, on the Maturity Date identified above, the Principal Amount shown above, solely from the revenues hereinafter mentioned and to pay solely from such revenues, interest on said sum from the date of this Bond or from the most recent interest payment date to which interest has been paid at the Rate of Interest per annum set forth above I until the payment of such Principal Amount, such interest being payable on 1, 199 , and- semiannually thereafter on I and 1 of each year. The principal of and premium, if any, on this Bond are payable upon the presentation and surrender hereof at the principal office of (the "Paying Agent"), in , Florida, or at the office designated for such payment of any successor thereof. The interest on this Bond, when due and payable, shall be paid by check or draft mailed to the Registered Owner, at his address as it appears on the Bond Register, at the close of business on the 15th day of the month (whether or not a business day) next preceding the interest payment date (Ae "Record Date"), irrespective of any transfer of this Bond subsequent to such Record Date and prior to such interest payment date, unless the Issuer shall be in default in payment of interest due on such interest payment date. in the event of any such default, such defaulted interest shall be payable to the person in whose name such Bond is registered at the close of business on a A-1 special record date for the payment of defaulted interest as established by notice mailed by the Registrar to the Registered Owner not less than fifteen days preceding such special record date. such notice shall be mailed to the person in whose name such Fond is registered at the close of business on the fifth (5th) day preceding the date of mailing. All amounts due hereunder shall be payable in any coin or currency of the United States of America, which is, at the time of payment, legal tender for the payment of public or private debts. The Bonds of this issue shall be subject to redemption prior to their maturity at the option of the Issuer. (Insert optional or Mandatory Redemption Provisions) Notice of such redemption shall be given in the manner required by the ordinance described below. This Bond is one of an authorized issue of Bonds in the aggre- gate principal amount of $ of like date, tenor and effect, except as to number, date, maturity, interest payment dates, interest rate and redemption provisions, issued to finance the cost of certain improvements to Gulf Boulevard within the municipal limits of the City consisting of (a) the burying.of existing electric power transmission lines, related utility transmission lines and related facilities and (b) the replacement of street light poles and lights (the "Project") pursuant to the authority of and in full compliance with the Constitution and laws of the State of Florida, including particularly chapter 166, Part II, Florida Statutes, Section 27. 07, Code of ordinances of - the City, Ordinance No. -95, enacted on , 1995, (as amended and supplemented], (collectively, the "Ordinance"), and is subject to all the terms and conditions of'such ordinance. All capitalized undefined terms used herein shall have the meaning set forth in the ordinance. This Bond and the issue of Bonds of which it is a part, are special obligations of the Issuer payable solely from and secured by an irrevocable lien upon, and pledge of the Bond Security (as defined in the Ordinance), all in the manner provided in the Ordinance. This Bond does not constitute a general indebtedness of the Issuer, or a pledge of the faith, credit or taxing power of the Issuer, the State of Florida or any political subdivision thereof, nor shall the Issuer be7 obligated (1) to exercise its ad valorem taxing" ower or any other taxing power in any form on any real or personal property in the Issuer to pay the principal of the Bonds, the interest thereon .or other costs incident thereto or (2) to pay the same from any other funds of the Issuer, except from the Bond security, in the manner provided herein and in the ordinance. It is further agreed between the Issuer and the Registered Owner of A-2 this Bond that this Bond and the indebtedness evidenced hereby shall not constitute a lien any other property of the issuer, but shall constitute a lien only on the Bond Security, in the manner provided in the Ordinance. If the date for payment of the principal of, premium, if any, or interest on this Bond shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the city where the corporate trust office of the paying agent is' located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such date shall have the same force and effect as if made on the nominal date of payment. The Issuer may deem and treat the Registered owner hereof as the absolute owner hereof (whether or not this Bond shall be overdue) for the purpose of receiving payment of or on account of principal hereof and interest due hereon and for all other purposes. It is hereby certified and recited that all acts, conditions and things required to exist, to happen and to be performed pre- cedent to and in the issuance of this Bond exist, have happened and have been performed in regular and due form and time as required by the laws and Constitution of -the State of Florida applicable thereto, and that the issuance of the Bonds of this issue does not violate any constitutional or statutory limitations or provisions. Subject to the provisions of the ordinance respecting registration, this Bond is and has all the qualities and incidents of a negotiable instrument under the Uniform Commercial Code- Investment Securities of the State of Florida. The Bonds are issued in the form of fully registered bonds without coupons in denominations of $100,000 or any integral multiple of $5,000 in excess thereof. Subject to the limitations and upon payment of the charges provided in the Ordinance, Bonds may be exchanged for a like aggregate Principal Amount of Bonds of the same maturity of other. authorized denominations. This Bond is transferable by the -Registered Owner hereof in person or by his attorney duly authorized in writing, at the above-mentioned office of the Registrar, but only in the manner, subject to the limitations and upon payment of the charges provided in the Ordinance, and upon surrender and cancellation of this Bond. A Upon such transfer a new Bond or Bonds of the same maturity and Rate of Interest, and of authorized denomination or denominations, for the same aggregate Principal Amount will be issued to the transferee in exchange therefor at the earliest practicable time in accordance with the provisions of the A-3 w ...... ordinance. Bonds may be transferred upon the registration books upon delivery. to the Registrar of the Bonds, accompanied by a written instrument or instruments of transfer in form and with guaranty of signature satisfactory to the Registrar, duly executed by the Registered owner of the Bonds to be transferred or his attorney-in-fact or legal representative, containing written instructions as to the details of the transfer of such Bonds, and if the transferee is a trust, the social security number or federal employer identification numbers of the settlor and beneficiaries of the trust, the federal employer identification number and date of the trust and the name of the trustee. The Issuer or the Registrar may charge the Registered owner of such Bond for every such transfer of a Bond an amount sufficient to reimburse them for their reasonable fees and any tax, fee, or other governmental charge required to be paid with respect to such transfer, and may require that such charge be paid before any such new Bond, shall be delivered. This Bond shall not be valid or become obligatory for any purpose or be entitled to any benefit or security under the Ordinance until it shall have been authenticated by the execution by the Registrar of the certificate of authentication endorsed hereon. IN WITNESS WHEREOF, the City of Clearwater, Florida, has issued this Bond and has caused the same to be signed by the manual or facsimile signature of its Mayor-Commissioner and City Manager, and attested by its City Clerk and its seal or facsimile thereof to be affixed, impressed, imprinted, lithographed or reproduced hereon, all as of the day of , 199 (SEAL), CITY OF CLEARWATER, FLORIDA (manual or facsimile) Mayor-Commissioner _ (manual or facsimile) _ City Manager ATTESTED: (manual or f_acsimi'le) City Clerk Approvdd as to Form and Legal Sufficiency: (manual or facsimile) City Attorney A-4 CERTIFICATE OF AUTHENTICATION' This Bond is one of the Bonds issued under the.provisions of the within mentioned Ordinance. I ,Registrar, as Authenticating Agent Date of Authentication: By Manual Signature)- Authorized officer i A-5 VALIDATION CERTIFICATE This Bond is one of a series of Bonds which were validated by judgment of the Circuit Court for Pinellas County, Florida, ren- dered on 19-. Mayor-Commissioner ASSIGNMENT AND TRANSFER For value received the undersigned hereby sells, assigns and transfers unto (Please insert Social Security or other identifying number of transferee) the attached bond of the. City of Clearwater, Florida, and does hereby constitute and appoint attorney, to transfer the said-Bond on the books kept for registration, thereof, with full power of substitution in the premises. Date Signature Guaranteed by (member firm of the New York Stock Exchange or a commercial bank or a trust company.] By: (manual signature) Title:-__-- - No transfer will be registered and no new Bonds will be issued in the name of the Transferee, unless the signature to this assignment corresponds with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever and the Social security or Federal Employer Identification Number of the Transferee is supplied. [BOND COUNSEL OPINION} [END OF FORM OF BOND] A-G ORDINANCE NO. 5910-95 AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1995; TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, WATER AND SEWER FUND, GAS FUND, SOLID WASTE FUND, STORMWATER UTILITY FUND, RECYCLING FUND, BRIDGE FUND, MARINE FUND, PARKING FUND, PIER 60 FUND, HARBORVIEW CENTER FUND, GENERAL SERVICES FUND, ADMINISTRATIVE SERVICES FUND, GARAGE FUND, AND CENTRAL INSURANCE FUND, AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 1995, for operating purposes, including debt service, was adopted by Ordinance No. 5679-94; and WHEREAS, at the Third Quarter Review it was found that an increase in expenditures of $2,413,640 is necessary in the General Fund; an increase of $989,516 is necessary in the Special Development Fund; and increase of $1,513,144 is necessary in the Special Program Fund; an increase of $695,260 is necessary in the Gas Fund; an increase of $144,160 is necessary in the Solid Waste Fund; an increase of $27,200 is necessary in the Stormwater Utility Fund; an increase of $39,810 is necessary in the Recycling Fund, an increase of $71,800 is necessary in the Bridge Fund, an increase of $32,710 is necessary in the Marine Fund; an increase of $9,120 is necessary in the Parking Fund; an increase of $4,470 is necessary in the Pier 60 Fund; an increase of $669,564 is necessary in the Harborview Center Fund; an increase of $64,140'is necessary in the Administrative Services Fund; an increase of $26,550 is necessary in the General Services Fund; an increase of $55,310 is necessary in the Garage Fund; an increase of $16,060 is necessary in the Central Insurance Fund; and that sufficient revenues are available to cover these additional expenses; and WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked Exhibit A; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Commission to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA; . Section 1. Section 1 of Ordinance No. 5679-94 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 1994 and ending September 30, 1995 a copy of which is on file with the City Clerk, the. City Commission hereby adopts an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A, Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING Attest: Cynthia E. Goudeau, City Clerk Rita Garvey, Mayor-Commissioner Approved as to form and legal sufficiency: A Pamela K. Akin, City Attorney EXHIBIT A 8-25.95 1994-95 BUDGET REVENUE First Third Quarter Mid Year Quarter Original Amended Amended Amended Budget Budget Budget Budget Budget 1994/95 1994/95 1994/95 1994/95 Amenc6nt General Fund: Property Taxes 18,975,230 18,975,230 19,025,230 19,186,670 161,440 Franchise Fees 5,867,320 6,282,320 6,282,320 6,282,320 Utility Taxes 12,096,800 12,096,800 12,240,800 12,340,800 100,000 Licensee i Permits 2,148,500 2,148,500 2,201,000 2,201,000 Fines, Forfeitures or Penalties 1,649,000 1,649,000 1,293,000 1,335,000 42,000 Intergovernmental Revenue 11,490,630 11,484,130 11,569,210 11,569,210 Charges for Services 1,061,220 1,061,220 1,028,370 1,028,370 Use and Sale of City Property and Money 1,350,000 1,350,000 1,345,940 1,345,940 Miscellaneous Revenues 18,500 28,650 114,440 114,440 Interfund Administration Service Charge 3,076,150 3,076,150 3,076,150 3,076,150 Interfund other Service charge 1,671,960 1,671,960 1,657,960 1,657,960 Interfund Transfer 3,830,670 3,830,670 3,830,670 3,830,670 Transfer to/from Surplus 3,036,330 3,227,044 3,617,044 5,727,244 2,110,200 Total, General Fund 66,272,310 66,881,674 67,282,134 69,695,774 2,413,640 Special Revenue Funds: Special Development Fund 11,047,314 14,290,694 15,161,694 16,151,210 989,516 Special Program Fund 1,211,000 2,260,317 2,534,343 4,047,487 1,513,144 Utiity b other Enterprise Funds: Water b Sewer Fund 33,748,500 33,748,500 33,313,500 34,312,990 999,490 Gas Fund 17,726,610 16,251,610 15,802,550 16,057,110 254,560 solid Waste Fund 11,989,060 11,989,060 12,059,660 12,169,660 110,000 Stormuater Utility Fund 3,529,000 3,529,000 3,610,500 3,690,504 80,000 Recycling Fund 1,720,070 1,694,400 1,929,780 2,075,780 146,000 Bridge Fund 1,695,100 1,695,100 1,695,100 1,695,100 Marine Fund 1,822,750 1,822,750 1,877,250 1,877,250 _ Parking "Fund 2,485,410 2,506,410 2,468,036 2,469,406 1,370 Pier 60 Fund 305,680 305,680 305,680 315,680 10,000 Harborview Center Fund 90,000 90,000 90,000 759,564 669,564 Internfl service Funds: Administrative Services Fund 4,500,070 4,500,070 4,584,970 4,641,840 56,870 General Services Fund 2,687,240 2,687,240 2,737,340 2,782,340 45,000 Garage Fund 7,273,860 7,273,860 7,592,498 7,619,658 27,160 Central Insurance Fund 8,360,410 8,360,410 8,340,410 8,340,410 Total, All Funds 176,464,384 179,886,775 181,385,445 188,701,759 7,316,314 ,r ,. 17 - EXHIBIT A (Continued) 8-25.95 1994-95 BUDGET EXPENDITURES First Third Quarter Mid Year Quarter Original Amended Amended Amended Budget Budget Budget Budget Budget 1994/95 1994/95 1994/95 1994/95 Amendment General Fund: City commission 168,070 191,870 210,250 318,717 108,467 Administration 2,266,860 2,211,970 2,258,680 2,224,130 •34,550 Legal 1,000,130 1,000,130 1,000,130 1,025,130 25,000 City Clerk 629,510 633,610 642,060 642,060 Dept of Admin services 451,260 478,355 478,355 479,315 960 Finance 1,284,310 1,280,210 1,291,820 1,302,930 11,110 Human Resources 855,270 855,270 851,540 859,450 7,910 Pot ice 20,597,460 20,597,460 20,322,460 20,780,230 457,770 Fire 9,962,010 9,977,669 9,977,669 10,199,629 221,960 Public Works Department 1,755,600 1,804,200, 1,784,400 1,811,350 26,950 Economic Development 447,330 447,330 447,330- 451,050 3,720 Parks b Recreation 9,719,010 9,719,010 9,719,010 9,854,040 135,030 Library _ 3,766,360 3,763,027 3,800,530 3,829,690 29,160 Engineering 4,535,170 4,540,130 4,540,150 4,568,060 27,910 Public Works 1,559,410 1,559,410 1,536,230 1,560,130 23,900 Sil/REC - Airpark Coordination 61,750 61,750 48,600 48,600 Marine - Sailing Center 110,680 110,680 112,660 114,510 1,850 Non-Departmental 7,102,120 7,649,593 8,260,260 9,626,753 1,366,493 Total, General Fund 66,272,310 66,881,674 67,282,134 69,695,774 2,413,640 Special Revenue Funds: Special Development 11,047,314 14,290,694 13,707,527 14,697,043 989,516 Special Program 1,111,000 2,160,317 2,434,343 3,947,487 1,513,144 Utility b Other Enterprise Funds: Water 6 Sewer Fund 32,697,360 32,692,400 32,257,120 32,022,350 -234,770 Gas Fund 15,819,980 14,431,982 14,812,388 15,507,648 695,260 Solid Waste Fund 11,804,280 11,804,280 11,794,670 11,938,830 144,160 5tormwater Utility Fund 3,529,000 3,529,000 3,584,410 3,611,610 27,200 Recycling Fund 1,591,250 1,635,170 1,695,160 1,734,970 39,810 Bridge Fund 975,980 1,000,980 1,006,710 1,078,510 71,800 Marine Fund 1,735,450 1,744,810 1,767,700 1,800,410 32,710 Parking Fund 2,411,560 2,411,560 2,460,286 2,469,406 9,120 PI 4, 60 Fund 305,680 305,680 305,680 310,150 4,470 Harborview Center Fund 90,000 90,000 759,564 669,564 Internal Service Funds: Administrative Services Fund 4,494,310 4,494,310 4,577,700 4,641,840 64,140 General Services fund 2,601,650 2,601,650 2,634,600 2,661,150 26,550 Garage Fund 7,242,020 7,270,038 7,564,348 7,619,658 55,310 Central Insurance Fund 7,599,280 7,653,780 7,636,050 7,652,110 16,060 Total, All Funds 171,238,424 174,998,325 175,610,826 182,148,510 6,537,684 ORDINANCE NO. 5911-95 a(? AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT PROGRAM REPORT AND BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1995, TO REFLECT AN INCREASE IN BUDGET EXPENDITURES TO EXPAND THE SCOPE OF PROJECTS IN THE FUNCTIONAL CATEGORIES OF MISCELLANEOUS ENGINEERING, CITY HALL, BUILDINGS & EQUIPMENT MISCELLANEOUS, STORMWATER UTILITY, WATER SYSTEM, GAS SYSTEM, SOLID WASTE, AND RECYCLING, AND TO REFLECT A DECREASE IN BUDGET EXPENDITURES TO REDUCE THE SCOPE OF PROJECTS IN THE FUNCTIONAL CATEGORIES OF MARINE FACILITIES, AND SEWER SYSTEM, FOR A NET INCREASE OF $2,908,621; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Program Report and Budget for the fiscal year ending September 30, 1995 was adopted by Ordinance No. 5680.94; and WHEREAS, unanticipated needs necessitate an increase in expenditures for the following: Miscellaneous Engineering $30,000; City Hall $131,493; Miscellaneous Building'& Equipment $1,799,016; Stormwater Utility $9,016; Water System $200,000; Gas System $695,259; Solid Waste $25,000; and Recycling $10,860; and WHEREAS, funds of $2,908,621 are available to finance these projects through use of General Fund Revenues, Intrastructure Taxes, Bridge Revenues, Marine Revenue, Water & Sewer Revenues, Gas Revenues, Solid Waste Revenues, Recycling Revenues, Administrative Services Fund Revenues, and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Commission to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Section 1 of Ordinance No. 5680-94 is amended to read: Pursuant to the Third Quarter Amended Capital Improvement Program Report and Estimated Budget for.the fiscal year beginning October 1, 1994 and ending September 30, 1995, a copy of which is on file with the City Clerk, the City Commission hereby adopts a ' d Quarter Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING Attest: Cynthia E. Goudeau, City Clerk 1.'7'q? Rita Garvey, Mayor-Commissioner Approved as to form and legal sufficiency: f,L kA Pamela K. Akin, City Attorney !i EXHIBIT A 8-25.95 CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 1994/95 First Qtr Mid Year Third Qtr original Amended Amended Amended Budget Budget Budget Budget 1994/95 1994/95 1994/95 1994/95 Amendments GENERAL SOURCES: --------- --------- --------- ......... ........... General Operating Revenue 4,243,330 4,670,718 5,233;438 6,169,931 936,493 General Revenue/County EMS 73,680 73,680 73,680 73,680 Special Development Fund 1,918,000 1,918,370 2,345,401 2,345,401 Co myumity Redevelopment Agency 0 814,090 814,090 814,090 Road Millage 1,527,940 1,527,940 1,527,940 1,527,940 Recreation Facility Impact Fees 0 90,731 90,494 90,494 Transportation Impact Fees 90,000 90,000 90,000 90,000 Recreation Lend Impact Fees 0 99,000 99,000 99,000 Downtown Trans Impact Fees 0 29,630 29,630 29,630 Infrastructure Tax 7,055,914 10,079,563 8,655,534 9,565,050 909,516 Drainage Impact Fee 50,960 50,960' 50,960 5D,960 Development Impact Fees 100,000 100,000 100,000 100,000 Grant 233,020 272,498 272,498 272,498 Reimbursement from SWK0 0 14,338 14,338 14,338 - FEMA 0 64,675 64,673 64,673 Property Owners Share 0 2,400 2,400 2,400 Dorwtions 0 368 368 368 Proceeds fr sale of sludge farm 0 21,850 28,250 284'250 Other Municipalities 0 212,888 1,408,405 1,408,405 Special Program Fund 0 0 6,000 5,994 .6 Rental Fees 0 O 13,080 13,080 SELF SUPPORTING FUNDS: Bridge Revenue 0 25,000 25,000 25,000 Bridge R & R 100,000 100,000 100,000. 100,000 Marine Operating Revenue 35,000 35,000 35,000 55,000 20,000 Parking Revenue 98,000 98,000 153,255 153,255 Utility System: Water & Sewer Revenue 2,513,000 2,513,000 1,317,483 1,517,483 200,000 Water Impact Fees 100,000 100,000 100,000 100,000 Water R R R 1,200,000 1,200,000 1,200,000 1,200,000 Sewer Impact 50,000 50,000 50,000 50,000 Sewer R i R 661,000 661,000 661,000 661,000 Gas-0evenue 25,000 -3,057,590 -2,836,580 -2,141,322 695,258 Gas R b, R 233,000 233,000 233,000 233,000 Solid Waste Revenue 370,000 370,000 370,000 395,000 25,000 Stormwater Utility 1,310,320 1,310,320 1,310,320 1,310,320 Recycling Revenue 173,000 193,600 193,800 204,660 10,860 Rec?clfng Grant 175,000 175,000 175,000 175,000 Harborview Center 0 0 0 100,000 100,000 EXHIBIT A (continued) 8-25-95 CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 1994/95 First Qtr Mid Year Third Qtr Original Amended Amended Amended Budget Budget Budget Budget 1994/95 1994/95 1994/95 1994/95 Amendments GENERAL SOURCES; INTERNAL SERVICE FUNDS: Garage Fund 54,500 54,500 172,500 172,500 A" n Services Fund 261,000 261,000 320,000 329,100 9,100 Gwwral Services Fund 1i8,000 118,000 0 0 BORROWING: Lease Purchase 200,540 200,540 1,980,216 1,982,616 2,400 Bond lesud-Nun Svc Bldg 1,000,000 1,000,000 338,340 338,340 Internal Borrowing 0 0. -978,000 -978,000 I SELF-SUPPORTING FUNDS: Water & Sewer Lease/Purchase 38,000 38,000 38,000 38,000 Recycling Lease/Purchase 227,640 227,640 227,640 227,640 Gas Bond Issue 4,710,000 9,543,278 2,378,401 2,378,401 Water i Sewer Loan 300,000 300,000 0 0 Water Bond 0 0 70,000 70,000 tNTERNAL SERVICE FUNDS: Garage Lease/Purchase 1,546,000 1,54b,000 1,546,000 1,546,000 Gen Svc Lease/Purchase 17,100 17,100 17,100 _ 17,100 Admin Svc Lease/Purchase 148,620 148,620 148,620 148,620 TOTALS: 30,957,564 37,594,905 30,266,274 - 33,174,895 2,908,621 saa«««=a=n«a ?««3aaasa=-« =aaa«?___e«« ?ccnaaa«A.ee _?aa?=_ca«aa j 4 EXHIBIT A (Continued)- 8.25-95 " CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 1994/95 First Qtr Mid Year Third Gtr Original Amended Amended Amended Budget Budget Budget Budget 1994/95 1994195 1994/95 1994/95 Amendments Police Protection 0 48,623 478,074 478,074 Fire Protection 94,680 94,680 169,680 169,680 Now Street Construction 2,300,000 2,300,000 801,199 801,199 Major Street Maintenance 1,488,900 1,488,900 1,488,900 1,488,900 Sidewalks R Bike Trails 400,000 400,000 400,600. . 400,000 Storm Drainage 0 0 -6,485 -6,485 Intersections 535,000 646,236 446,236 446,236 Parking 50,000 50,000 50,000 50,000 Miscellaneous Engineering 0 30,000 30,000 60,000 30,000 Land Acquisition 0 150,000, 150,000 150,000 Park Development 696,600 829,833 1,051,631 1,051,631 Beautification 0 -61,233 -610233 -61,233 Marine Facilities - 303,000 328,000 125,415 106,398 -19,017 Libraries 685,300 699,228 816,539 816,539 Garage 1,600,500 1,600,500 1,600,500 1,600,500 Maintenance of Buildings 190,000 199,510 199,510 199,510 city Hall 7,105,644 7,520,644 7,282,471 7,413,964 131,493 Bldgs & Equipment Miscellaneous 3,000,980 6,850,928 7,902,840 9,728,856 1,826,016 Stormwater Utility 1,710,320 1,710,320 1,922,441 1,931,457 9,016 Water System 2,215,000 2,217,400 1,990,223 2,190,223 200,000 Sewer System 2,566,000 2,703,840 2,584,705 2,584,699 -6 Gas System 4,968,000 6,718,688. -225,180 470,079 695,259 Solid haste 370,000 370,368 232,692 257,692 25,000 Utilities Miscellaneous 102,000 102,000 102,000 102,000 Recycling 575,640 596,440 734,116 744,976 10,860 TOTAL 30,957,564 37,594,905 30,266,274 33,174,895 2,908,621 ssraaaaesaaatnt eases::sense sea:xaaaraaa xaxnc?e?eaagaa n?antiaxax?s?n itu leS -P -0 A Air t.. ..r w:r - C? ? - ( --:, 't .)" ? l ziffv APR` ?f 'f = .R- •Zi. a.i wi V'- Apr 116 J" AV 9-- red-evelot A In, 5 ^"r DREW AND PLAZA PARK HOMEOWNERS ASSOCIATION, P.O. BOX 714 CLW., FL 34617 0 September 19,1995 Dear Mayor and Commissioners, We are writing to you on the behalf of the Drew and Plaza Park Homeowners Association and The Neighborhood Watch Program. As you know, Drew and Plaza Parks subdivisions are going,through a great rebirth and revitalization thanks to the homeowners in these subdivisions. We have been successfully battling the drug dealers and the crime in our neighborhood. The homeowners have also been restoring the historical homes in this area. After a long evaluation, we have pinpointed some of the problems that were contributing factors in the deterioration in this area. Some of these are: Commercial intrusion, Drug dealers, Delapi- dated housing and a lack of community unity. With the assistance of the Clearwater Police Department, we have been able to curb the drug activities. We have started restoring our homes and have been aggressively been reporting code violations to get the slum-lords to bring their proprties up to code. We have formed both a homeowners association and a neighborhood watch program to help restore communication and a sense of community. We have also been promoting home ownership in our subdivisions. one of our largest problems now is the commercial traffic on Vine Avenue and Pennsylvania Avenue coming from the Parks Dept. and the other commercial properties on Pennsylvania Avenue. Our streets were not designed to accommodate this type of heavy traffic. We have on street parking, which we need to keep, and many times these commercial vehicles have to go up over the curbs or into the Park to get around our vehicles. We respectfully ask that you have staff evaluate Vine Ave. and Pennsylvania Ave. and to vacate the right of ways on these streets just south of the Parks Dept. and north of the alleys. The Parks Dept. can then expand and make there own road coming in on Myrtle Avenue. We understand that there may be a problem with the commercial business on Pennsylvania ave. But the city has to decide whether it wants to inconvenience 2 or 3 commercial properties or to watch over a hundred homes disappear from this city. We are only trying to survive in downtown and make ouL neighborhood a safe, attractive community to live in and raise our children. We need your help. President oxnY,neinxe--Treasurer tfully Yo Res 7 ?,j vi'd ,Larso -v a resident Debra Corbett-Secretary pt6 Pier ?? rr E ej)Ml)j?f C;(L] lpjjTe?s./_T?,A?lij . e" t ?-`p roposecX riS?,?t ?'4•? 11acaf ?C , a 16 .,+ HART 5T E r ,1 ' j: 3,5 = too r to 1 : as .. A wI 1 "W i C it ' ,,18 13. 1 al 14 ils; !6 IT lei f , 01 I r ' 1 C ¦ j1 ? I jI Q -- 1 4 ? 1 - r -- _-- 0 3 4 , ? 1 12' ,1 ra s a f ?'?-` 4 ' 5 12 13 14 Is 51 ? ? • r 1. 30 T A ' m so SD . i f. -9 s JONES STREEV g NICHULSUN S ipy ,t of ?i7 '+S 'SII - 3,1 t n^Yrjw.'y+•r.?1_.K .. yrr...-..] YA:.'?•. l,/ !, h:n _y,s? !Je- 1 1 W ? .,Kr..?..t 1dh ll<i?:Hf 6,?,.?•?'3 -? _-12-?C--? --- ? ? y ?- O ?1?c#'?A??t1.?.W?(Ei?'j'Y".{`;rl?; u'sl; Z ".N,klii.MrntA%l i?rF?('iSS.:?r?.?i ['mot?.: LAJ IJ ?944 `?R ? 4 t 14 11 ,0 7 1 W _51 J& 7' 12 13 11 d 16 s 10 te l 1= b •' fq SEMINO E g 9 r Ix 1 20 Tl I 0 ` i 1,m 1'00 fig u w t_-- tsp sa• r ..o,s,l i It 2 1] ? 69 3911• r 2 7 i i ' 1 $ 1 Q (D ] t$ to 13 12 19 a 3 e 5 4 3,. ; :I at' l Guard y_¦ :o SI 17 I u 10 7„ a ?R ¦ 12 13 14 15116 5 i 7 L333QQ?r I In I A - T ?o r.oy ' « sa w fo . . ' 11 ,p as zo .In,t Vol ORI R ELDRIDGE '•? STREET 16 1 iy ! r 1 n -, - z g IS II 10 T ??---T ?4 =5r11312 1 14 ?L ® o o (D - 4 tit ! 1 0 I S - 3-__ a ? __ e_ 12 {13 '14? 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It, u w 21 20 to le 1 'fi ll 14 .? $ 12 ¦ 9 I3 ¦ 9 g 14 T $ 9 Is s s g 16 S , 2 I 2 ] 4 ? ? s. n rf n Gas fo fo so so sn sa Itoo s n/ W i S w a u ?m 20 is le III g ?fll 10 .? 9 I2 s s 13 2 e 14 _ _ T g 15 6 .16 $ 1 2 ] ?a rs » .o Z D ti- CD 2 In a x a 0 z u a $21 M Z In $ ' 11 ? s 1? z 0 z ci U m mpw--*•t:? •?? tom! r !h ?Yr'1 O-W Id , ?. ?lF sr•T• . tip. rr . Ift, •,i t ? JM.7tM l:wie:x-tiwul?'k,., b,•?lJ i. ? .. ¦ ...? :r t -A p,r I ?+.ry ?? r?,r,Ai.•:4{.?'J ta!1pa,l ff??• r.1pi: !;..,^. Paps 4 Cioarwalar Leador Sept. 7 - Sept. Q, 1995 Neighborhood Labor Day celebration held in Clearwater ;>le. Dreihrand Plaza Fark,Homoom rs Association and . a'Didw'arid Plaza ParicNets tlborkbd Watch hosled'a 6?Saluiday?l&6lebratid l,of-l,abo? Day, Mater .-'than 2bD'peaplt3"atteridad l?la ihlyd'aiirtual Mnt Mich fee=; turad:barbecUad ,chi'cken,'titi 6613 ; and hot, dogs, children's: activities ahd 0ve tl`nt6#Wnmefll...;= J Fellco Zellea displays a handcrafted mask made of palm fronds. Brian Eadl prepares the barbecued chicken for tho hungry crowd. Debbie Corbett paints the face or Mirlsh Irwin, 4, at Saturday's picnic. ne y,ut? • fiQ r?i SA.W 1 John Conyers delights the audlence with his soprano saxophone. Congers Is a member of the Falth Chrlstlan Church Eland. Mldsh Irwin, front left; John Johnson; Lnkln Larson; Ackla Tate; Louis Frazier; Germaine Louts, Mayor Rite Harvey, top loft; Duke Vornaln; David Orice; Sgt, Tony Holloway; Ofgear A.J. Cosme and the Rev. Nick Champlain, on stand, enjoy the Draw and Plain Park Homeowners Assoclatlon plenie on Saturday In Clearwater. AGEN'DA oars ? ITEM i M-(" I. • Clearwater City Commission Agenda Cover Memorandum Item # Meeting Date: ;, 17 •a SUBJECT: Lease for 1000 Vine Avenue for Community Response Team, North Greenwood Neighborhood Office. RECOMMENDATION/MOTION: Renew lease for the period October 1, 1995 to September 30, 1996, with one one-year term option from Albert L. and Linda M. Guy for property at 1000 Vine Avenue, legally described as East 51.2 feet of Lot 10, Block E, Jurgen's Addition to Clearwater 53296 Subdivision at a cost of $400.00 per month for a total of $4,800.00 15 and that the appropriate officials be authorized to execute same. BACKGROUND: This property was originally leased for the North Greenwood Neighborhood Satellite Office on January 10, 1995. In its meeting of July 20, 1995, the City Commission approved the funding request for the Community Response Team to continue this effort. Staff negotiated with Albert L. and Linda M. Guy resulting in the proposed lease agreement renewal. This property is centrally located within the boundaries set in the Community Development Block Grant (CDBG) program. Funding for this lease is included in the special program project 181-99488 Code Enforcement 95. The only change from the previous lease is that it was for 9 months. This renewal is for a full 12 months. Reviewed by: Originating Dept: Costs: 54,800. Commission Action: Legal Total ? Approved Budget Purchasing COMMUNITY RESPONSE TEAM I?. E © Approved w/conditions Risk Mgmt. Current Fiscal Yr. E] Denied cis ?A User Dept: Continued to: ACM Funding Source: Other _ N/A 13 capital Imp. © Operating Advertised: ® Other Special Program Attachments: Date: Lease Agreement between City i Paper: and Albert L. and Linda M. ® Guy Not Required Submitted by: Affected Parties Appropriation Code: 13 None Notified 181-49488-544300-554-000 C-Ir g e par C] Not Required i ii Printed on recycled paper I LEASE AGREEMENT THIS LEASE, made this day of 1995, (the "Effective Date"), between ALBERT.L. GUY and LINDA M. GUY, as "Lessor", and CITY OF CLEARWATER, FLORIDA, a Florida Municipal, Corporation, as "Lessee". W I T N E S S E T H; ARTICLE I - LEASED PREMISES 1.01 Lessor does hereby lease to Lessee those certain premises consisting of approximately 500 square feet ("Leased Square Feet") of office space which represents 1000 Vine Avenue,' Clearwater, Florida. 1.02 - A sketch of the office Premises together with a floor plan is attached hereto as Exhibit "A". 1.03 This lease is subject to the terms; covenants and conditions herein set forth and the Lessee and the Lessor each covenant as a material part of the consideration for this Lease to keep and perform each and all of said terms, covenants and conditions. ARTICLE Ix - USE OF PREMISES 2.01 Lessee covenants that the Office Premises during continuance of this Lease shall be used only for general office purposes, and for no other purpose or purposes, without the written consent of the Lessor, which may be granted or withheld in Lessor's sole discretion. Lessee affirmatively covenants to operate the Office Premises for such purposes during the entire term of this lease'and to operate its business pursuant to the highest reasonable standards of its business category. Lessee will conduct such business in a lawful manner and in good faith. It is expressly understood that Lessee shall have the exclusive right in the office Building to conduct the uses set forth in this Section 2.. Lessee represents that the proposed use is permitted by all applicable zoning laws. In the event of a zoning violation by Lessee, Lessor shall have the right to terminate the Lease by notice in writing and Lessee shall hold Lessor harmless and reimburse Lessor for any expenses, liability or fine resulting from any use which violates such zoning laws. ARTICLE III - TERM AND COMMENCEMENT 3.01 The term of this lease shall be for TWELVE MONTHS commencing on October 1, 1995 and ending on September 30, 1996 with one one-year term option unless terminated as provided herein. A ARTICLE IV - RENT 4.01 Lessee covenants that it will, without deduction, demand, or setoff pay to Lessor for the use of the office Premises during the term hereof the total rent of FOUR THOUSAND EIGHT HUNDRED AND ---NO/100- Page 1 of 16 ... -_.......... . _.. «.. . . ...6 . ..w _.., . _ .r..... u Y .,A --DOLLARS ($4,800.00), payable in equal monthly installments of $400.00 Base Rent. Lessee is exempt from the obligation to-pay State Sales Taxes under Section 212.08(6), Florida Statutes, and as such, no Sales Taxes shall be due from or payable by Lessee in connection with this Lease. The Rent shall be paid monthly in advance on the first day of each month, and a like sum on or before the first day of each and every successive calendar month thereafter during the term hereof. The first and last month's Base Rent shall be due and payable on the Lease Commencement Date. ARTICLE V - LATE PAYMENT CHARGE 5.01 In addition to Lessor's remedies under the terms bf this Lease, upon Lessee's failure to pay the Base Rent or to make any other payments required to be made by Lessee hereunder within ten- (10) days after the date, Lessor *reserves the right to charge a late payment charge for handling of $25.00 (Twenty-five Dollars) plus one and one- half percent (1-1/2t) of the outstanding balance due for each month or portion thereof. In no event shall the amount of such interest and late charge be in excess of any usury laws, either Federal or State. ARTICLE VI - RENEWAL 6.01 Provided that Lessee shall not be in default under this Lease, Lessee shall have the option to renew this Lease for one additional term of twelve months ("Renewal Term") under the same terms and conditions provided herein. ARTICLE VII - UTILITIES 7.01 The rent to be paid by Lessee provided in Section 4.01 includes utilities for water, sewer, and stormwater. Lessee shall pay electricity and heating, ventilation and air conditioning, and janitorial services for the Office Premises. Further, Lessee shall contract for, and pay, all other charges measured by consumption or use for the Office Premises, including but not limited to telephone and security systems. ARTICLE VIII - MAINTENANCE AND REPAIRS 8.01 By entry hereunder Lessee accepts the Office Premises as being in good sanitary, orderly condition and repair. Lessor shall also be responsible for maintaining and repairing the structural portions of the office Building including foundation, exterior and demised walls and roof. Lessor shall not be required to commence any such repair until notice shall be received from Lessee specifying the nature of the needed repair. Lessor shall not be required to make any such repairs where same are cskused by any act, or omission of Lessee,.and sub-tenant, or concessionaire of Lessee, or any of their respective officers, employees, agents, customers, invitees, or contractors, except for ordinary wear and tear. Lessor shall maintain exterior grounds. 8.02 Lessee agrees, at Lessee's expense to maintain and repair Page 2 of 16 all non-structural portions of the interior of the Office Premises in good condition, damage occasioned from fire or other casualty excepted, including but not limited to the exterior and interior-portions of all doors, door hardware and operators, windows, plate glass, all plumbing and sewage facilities within the office Premises, fixtures, electrical equipment, interior walls, floors, ceilings, and all interior building appliances and similar equipment. Lessee shall, upon the expiration or any earlier termination of the term hereof, surrender the office Premises to Lessor in the same condition as when received, ordinary wear and tear, fire and other casualty excepted. 8.03 It is specifically understood and agreed that Lessor has no obligation and has made no promises to alter, remodel, improve, repair, decorate or paint the office Premises or any part thereof and that no representations respecting the condition of the office Premises or the Office Building of which the office Premises are a part have been made by Lessor to Lessee. ARTICLE IX - USES PROHIBITED: RULES AND REGULATIONS 9.01 After initial occupancy Lessee shall not do or permit anything to be done in or about the Office Premises nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the building of any of its contents, or cause a cancellation of any insurance policy covering said building or any part thereof or any of its contents. in the event the specific use of the Office Premises shall change and such change shall result in an increase in said insurance policies, Lessor may elect to collect the increased cost of insurance from Lessee as additional rent rather than treat this as a default under the terms of this Lease. Lessee may not use or allow the office Premises to be used for any improper, immoral, unlawful or objectionable purposes, nor shall Lessee cause, maintain or permit any nuisance in, or about the Office Premises. Lessee shall not commit or suffer to be committed any waste in or upon the Office Premises or the building containing the office Premises, if such waste could reasonably be deemed to be within the authority of the Lessee to control. 9.02 Lessee shall faithfully observe and comply with the rules and regulations of Lessor in force and effect during the term thereof and all reasonable modifications of and additions thereto as may be mutually agreed between the parties in writing. Lessee's failure to comply with any rule or regulation as described herein or to which the parties may have agreed shall constitute a breach of the term of this Lease. ARTICLE X - COMPLIANCE WITH LAW 10.01 Lessee shall not use the Office Premises or Building to permit anything to be done in or about the same which will be any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated. Lessee shall at its sole cost and expense promptly comply Page 3 of 16 I.. with all laws, statutes, ordinances and governmental rules; regulations and requirements of any board of fire underwriters or other similar body now or hereafter constituted regarding occupancy of the Office Premises, excluding structural changes not-related to or affected by Lessee's improvements or acts. ARTICLE XI - LEASEHOLD IMPROVEMENTS 11.01 Lessee shall not make any changes or alterations in or to the Office Premises without the written consent of the Lessor, which consent shall not be unreasonably withheld. All alterations, additions, improvements, including without limitation, floor and wall coverings, lighting, heating, ventilating and air conditioning equipment, and fixtures (collectively referred to herein as "Leasehold Improvements"), which may be made or installed by'either of the parties hereto upon the Office Premises and which in any manner are attached to the floors, walls, or ceilings, except millwork, decorative lighting, and including, but not limited to, trade fixtures if Lessee is not in default and promptly restores any damage caused by the removal, shall become the property of the Lessor upon installation, unless the parties shall elect otherwise, which election shall be made by the parties in writing prior to such installation. Any Leasehold Improvements made by Lessee without obtaining the written consent of Lessor to remove same upon expiration or other termination of this Lease, shall remain upon and be surrendered with the Office Premises as a part thereof and shall be unencumbered by liens, security interest or otherwise. Lessee may remove all its personal property not attached to the Office Premises and, removable without injury to or defacement of the office Premises provided all rents are paid in full and Lessee is not otherwise in default under this Lease and further provided that any damage to the Office Premises of the Office Building resulting from such removal shall be simultaneously repaired at Lessee's expense. Lessee agrees that all of Lessee's personal property in the Office Premises shall be at Lessee's sole risk and/or those claiming under the Lessee. 11.02 All Leasehold Improvements and trade fixtures installed in the Office Premises by Lessee shall consist of new or completely reconditioned material installed in a workmanlike manner and in compliance with all applicable laws and regulations and shall be performed only by contractors or subcontractors who have complied with the Lessor's insurance standards. Any contractor or person selected by Lessee to make such improvements must first be approved of in writing' by the Lessor, which Lessor will not unreasonably withhold. Said work shall be at Lessee's sole risk and expense and Lessee shall promptly pay all laborers, contractors and materi.almen performing such work and furnishing material therefore for Lessee. Lessee agrees to indemnify and save harmless Lessor for all expense, liens, claims, or damages to either perVons or property, including, without limitation, the Office Premises, stemming in any manner from such work. If any lien be filed by virtue of Lessee's work, Lessee shall cause the same to be discharged or bonded off of record within fifteen (15) days after written notification of the existence of said Lien. If Lessee fails, then Lessor may, at Lessor's option, cause such discharge and shall reimburse Page 4 of 16 Lessor. all its costs and expenses expended thereon upon billing-for same, including attorney's fees. ARTICLE XII - ABANDONMENT 12.01 Lessee shall not desert or abandon the office Premises at any time during the term, and if Lessee shall abandon, desert or surrender said Office Premises, or be dispossessed by process of law, or otherwise, any personal property belonging to Lessee and left on the Office Premises or the building in which the Office Premises is located shall be deemed to be abandoned at the option of the Lessor. ARTICLE XIII - LIENS 13.01 Lessee shall keep the Office Premises and the property in which the office Premises are situated free from any liens arising out of any work performed, materials, furnished or obligations incurred by Lessee. Lessee covenants to hold Lessor or any successor in interest harmless from any such liens. In the event Lessee desires to contest any such lien, Lessee shall immediately notify Lessor of such lien and shall, at the option of the Lessor, transfer said lien to the security of a bond posted or obtained by Lessee. . ARTICLE XIV - INDEMNIFICATION OF LESSOR 14.01 Lessee agrees to indemnify and save Lessor harmless from and defend Lessor against any and all claims or liability for any injury or damage to any person or property whatsoever (1) occurring in, on or about any facilities including, without prejudice to the generality of the term "facilities", elevators, stairways, passageways, hallways or parking areas, when such injury or damage is caused in part or in whole by the act, neglect, fault of or omission of any duty with respect to the same by Lessee, its agents, servants, employees, or invitees, and which is not covered or contributed to or by the Lessor, its agents, servants, employees or invitees; however,' nothing herein shall constitute a waiver of any of the rights or defenses available to the Lessee as a Florida municipality under Section 768.28, Florida Statutes, the "Sovereign Immunity waiver Statute". 14.02 Lessor shall not be liable for any damage or injury. by water, which may be sustained by Lessee or any other person or for any ether damage or injury resulting from carelessness, negligence, or improper conduct on the part of any other Lessees, their agents, employees or invitees, or by reason of the breakage, leakage, or obstruction of the water, sewer or soil pipes, roof leaks, flooding, or other leakage in or about the Office Premises or the building in which the office Premises is located, except for the negligence of Lessor. ARTICLE XV - INSURANCE 15.01°, Lessee shall, throughout the Lease Term, purchase and maintain at Lessee's expense,. public liability insurance or provide through self-funding, such coverage equal.- to the maximum limits of liability provided for in Section 768.28, Florida Statutes, plus any excess liability insurance coverage that may be purchased by Lessee, Page 5 of 16 insuring Lessee against any liability based on the negligence of Lessee or any of the Lessee's employees which arises out of Lessee's use of the Office Premises. 15.02 Lessee shall, through the Lease Term, purchase and maintain at Lessee's expense plate glass insurance or provide through self-funding such coverage in an amount sufficient to cover Lessee's obligations to repair and replace all plate glass in the office Premises. 15.03 Lessor hereby releases Lessee and Lessee hereby releases Lessor from any and all claims and demands for loss, damages, expense or injury to the Office Premises which is caused by or results from perils, events, or happenings which are the subject of the insurance 'carried by the respective parties hereto and which insurance is underwritten by a company duly licensed to engage in a commercial business in the State of Florida and whose coverage is in force at the time of such loss to the extent of insurance proceeds actually received by the respective parties from such insurance coverage. Each party shall pay any additional premium required of its own insurer for waiver of subrogation rights under this Section. 15.04 Lessee shall have the coverage pursuant to blanket policies the Office Premises and to Lessee. If Lessee, Lessee shall obtain a written insurance company to notify Lessor premium payments and at least 30 days or amendment to such policy. right to provide such insurance which expressly afford coverage to insurance coverage is obtained by obligation on the part of any such in writing of any delinquency in prior thereto of any cancellation 15.05 Any policies of insurance provided for herein to be carried by Lessee shall be issued by insurance companies reasonably acceptable to Lessor and licensed to do business by the State of Florida and its insurance regulatory bodies, provided, however, Lessee may self- fund any risk provided for in this ARTICLE XVII -INSURANCE in lieu of purchasing insurance coverage therefor. if insurance is purchased by Lessee, the original policies or a certificate thereof, together with the evidence of payment therefor, shall be delivered to Lessor on or before the Lessee has taken possession of the office Premises and annually thereafter so long as insurance coverage is purchased by Lessee. ARTICLE XVI - SALES AND RENTAL TAX: TAXES ON LEASEHOLD 16.01 Lessee agrees to pay Lessor any and all sales, use or rental taxes, imposed by any governmental agency with respect to all rents, and sums due pursuant to all payments of monies required under this Lease, unless exempt by law. Lessee shall pay all municipal, county and state taxes assessed during the term of this Lease against any leasehold interest or personal property of any kind, owned by or placed in, upon or about the office Premises by Lessee, unless exempt by law. Lessee shall pay for all license fees, occupational taxes and other governmental charges assessed by reason of Lessee's use, or occupancy taxes and any other taxes arising out of the operation of Page 6 of 16 Lessee's business or occupancy of the office Premises, unless exempt by law, except for Federal income, gift or inheritance tax. ARTICLE XVII - ENTRY BY LESSOR 17.01 Lessor, upon prior notice to Lessee, except in the event of an emergency, reserves and shall at reasonable times and in a reasonable manner have the right to enter the Of f ice Premises to inspect the same, to supply janitorial and any other service to-be provided by Lessor to Lessee hereunder, to submit the Office Premises during business hours or other reasonable times to prospective Lessees, (but only during the last 180 days of the term with respect to prospective Lessees of the Office Premises), and to alter, improve or repair the office Premises and any repairs to any portion of the building of which the Office Premises are a part and which Lessor in good faith determines are necessary, at Lessor's cost, without abatement of rent, and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing that an entrance to the Office Premises shall not be blocked thereby, and further providing that the business of Lessee shall not be interfered with unreasonably. Lessee hereby waives any claim for damages for any injury or inconvenience to'or interference with Lessee's business, any loss of occupancy or quiet enjoyment of the office Premises, and any other loss occasioned thereby. For each of the aforementioned purposes, Lessor shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Office Premises and areas of storage of Lessee's confidential correspondence, but not the confidential correspondence. Lessor shall have the right to use any and all lawful means which Lessor may deem proper to open said doors in an emergency, in order to obtain entry to the Office Premises, and any entry to the office Premises obtained by Lessor by any of said lawful means shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the office Premises or an eviction of Lessee from the Office Premises or any portion thereof. ARTICLE XVIII - DEFAULT BY LESSEE 18.01 Upon the happening of any one or more of the following events ("Events of Default"): A. Lessee's default in the payment of any rental or other sums due for a period of Ten (10) days after the due date; B. Lessee's continued default with respect to any other covenant of this Lease for a period of fifteen (15) days after delivery of written notice of such default to Lessee by Lessor, provided.that if such default reqLsonably requires more than fifteen (15) days to cure, there shall be n6 Event of Default if Lessee has commenced correcting action within the 15-day period and is diligently prosecuting such action; C. There shall be filed by or against Lessee (except if it is an involuntary petition, Lessee.shall have 30 days to cure said petition) Page 7 of 16 .M'- ., - in any curt pursuant to any statute either of the United States or of any state, a petition in bankruptcy or insolvency or for reorganization or arrangement, or for the appointment of a receiver or trustee of all or a portion of Lessee's property,.or if Lessee makes an assignment for the benefit of creditors or, if there is an assignment by operation of law, or if any execution, seizure or attachment shall be levied upon any of the Lessee's property of the Office Premises are taken or occupied or attempted to be taken or occupied by someone other than Lessee, except for condemnation or with Lessor's consent; D. Lessee's vacating or abandoning the Office Premises; Lessor, at its option, may exercise any one or more of the following remedies which shall.be cumulative: (1) Re-enter and take possession of the office Premises and remove Lessee and its effects, by force if necessary and, without obligation to do so, relet or attempt to relet the Office Premises on behalf of Lessee, at such rent and under such terms and conditions as Lessor may deem best under the circumstances for the purpose of reducing Lessee's liability, and Lessor shall not be,responsible to Lessee for any damages in connection thereof, nor -jhall Lessor be deemed to have thereby accepted a surrender of the office Premises, and Lessee shall remain liable for all rents and additional rents due under this lease and for all damages suffered by Lessor because of Lessee's breach of any of the covenants of this Lease. Said damages shall include, but not be limited to, charges for removal and storage of Lessee's property, remodeling and repairs, leasing, commissions and legal fees. At any time during repossession and reletting pursuant to this subsection, Lessor may, by delivering written notice to Lessee, elect to exercise its option under the following subsection to accept a surrender of the Office Premises, terminate and cancel this Lease, and retake possession and occupancy of the Office Premises. (2) Declare this lease to be terminated, whereupon the term hereby granted and all right, title and interest of Lessee in the Office Premises shall end and Lessor may re-enter upon and take possession of the Office Premises. Such termination shall be without prejudice to Lesson's right to collect from Lessee any rental or additional rental which has accrued prior to such termination together with all damages, including, but not limited to, the damages specified in Subsection 19.01(D) (1) above. (3) Accelerate all rentals due and 'to become due during the remainder of the term of this Lease, in which event all such rentals shall become immediately due and payable, provided that payment thereof shall not constitute a penalty or liquidated damages but shall merely constitu a payment of advance rent. The acceptance of any such payment by Lessoe shall not constitute a waiver of any claim for damages as described above and Subsection 20.01(D) above. (4) As agent of Lessee, Lessor may do whatever Lessee is obligated to do under this Lease, and may enter the office Premises for Page 8 of 16 such purpose, without being liable for damages, therefore, and -Lessee agrees to reimburse Lessor immediately on demand for any expenses which Lessor may incur in this enforcing compliance with this Lease, and the amount thereof shall bear interest at the highest contract rate permitted by Florida law until paid. (5) Exercise any and all other rights and privileges that Lessor may have under the laws of the State of Florida and/or the United States of America. ARTICLE-XIX - RIGHT TO CURE DEFAULTS 19.01 If Lessee, after reasonable notice, shall fail to make repairs, maintain public liability insurance, comply with. all laws and ordinances, and regulations, or perform any other obligation in accordance-with this Lease, Lessor shall have the right to perform such work; including the right to enter on the office Premises, or make such payments on behalf of Lessee, and Lessee agrees to reimburse Lessor promptly upon demand, together with interest at the rate of 1-1/2k per 1 month. ARTICLE XX - DEFAULT•HY LESSOR 20.01 This Lease shall be subject to termination by Lessee in the event of any one or more of the following events: A. Material default by Lessor in the performance of any of the terms, covenants or conditions of this Lease, and in the failure of the Lessor to remedy, or undertake to remedy, to Lessee's satisfaction, such default for a period of thirty (30) days after receipt of notice from Lessee to remedy same. B. Lessee determines that the Office Premises are so extensively damaged by some casualty that it is impractical or inequitable to repair such Office Premises. 20.02 In the event of any default by Lessor as described in Subsection 19.01 above, Lessee, at its option, may exercise any one or more of the following remedies which shall be cumulative: A. Deliver to Lessor written notice of Lessee's intent to terminate this Lease and vacate the Office Premises thirty (30) days following, delivery of such notice to Lessor as provided in Article XXIX, Section 29.01 hereof. All rents and other fees due to Lessor through date of termination and vacation shall be paid by Lessee. All rents or other fees prepaid by Lessor beyond date of termination-and vacation shall be reimbursed to Lessee by Lessor without prejudice or offset. S. As agent for Lessor, Lessee may do whatever Lessor is obligated to do under this Lease without being liable for any damages whatsoever caused by Lessor's default, or any expense whatsoever as may be required to remedy, such default, and Lessor agrees to reimburse Lessee immediately upon demand for any expenses Lessee may incur in thus Page 9 of 16 enforcing compliance with this Lease, including attorneys' fees, and,the amount thereof shall bear interest at the highest contract rate permitted by Florida law until paid. C. Proceed in law or in equity to enforce the terms, provisions and covenants of this Lease, whereupon Lessor shall pay all expenses, costs and fees, including attorneys' fees incurred by Lessee in this enforcing compliance with the Lease should Lessee prevail. ARTICLE XXI - CASUALTY 21.01 If the Office Building on the site on which the Office Premises is located are substantially damaged by fire or any other cause, Lessor shall, within 30 days after the occurrence of such damage, notify Lessee of Lessor election to repair or rebuild the damaged buildings at Lessor's expense or to terminate this and all other leases whether or not the Office Premises are directly effected by said damage. For the purpose of this Lease, "substantially damaged" shall mean damaged to such an extent that the good faith estimated cost to repair or rebuild the damage exceeds one-quarter (25%) of the then estimated cost of replacing all buildings on said site. If such buildings are not substantially damaged as herein defined, it shall be the duty of the Lessor to use its best efforts to substantially complete such repairs or rebuilding within 180 days following receipt of the insurance proceeds. Should Lessee determine the Office Premises have suffered casualty damage to an extent as to'require Lessee to reduce or terminate its customary business services, notwith-standing the threshold definition of "substantially damaged" as heretofore defined, Lessee shall have the option of terminating this Lease under Article XX, subsection 20.01 (B) above. 21.02 Should Lessor, with the mutual consent of Lessee, which will not be unreasonably upheld, proceed to repair or rebuild the Office Premises, and fail to complete said repairing or rebuilding within said 180 day period for reasons beyond its control, Lessee's sole remedy shall be the option to terminate this Lease and all further liability under its provisions provided that Lessee's notice of election to terminate is given within 60 days following the expiration of said 180- day period and further provided that Lessee totally vacates the Office Premises on or before the expiration in the said 60-day period. All obligations of Lessee covered by insurance proceeds as specified in Section 23.05 under this Lease shall accrue through the date of such vacation. 21.03 In the event Lessor is required or elects to repair or rebuild under this Section, Lessor shall have unlimited access to the Office Premises and all common areas in the office Building for such time, at ssp?ch time, as may be reasonably required to efficiently and expeditiously complete any such required, or non-required, repairs or rebuilding. 21.04 In no event shall this Paragraph obligate the Lessor to incur in effecting any such required repair or rebuilding, a cost Page 10 of 16 it greater than the original cost of the building, including Lessor's cost in completing all suites for lease within the buildings, or the amount of such insurance coverage as may be provided with- respect to the damage, whichever is greater. 21.05 Notwithstanding anything to the contrary, it is further agreed with respect to this Section that Lessor shall carry, at the expense of and for the benefit of the tenants of the office Building, rental interruption insurance and the proceeds, if any, of such insurance received by Lessor shall satisfy the rental obligations of Lessee during the period that the Premises or any part thereof shall be untenantable. It is agreed that any Lessee expense for premiums to provide rental interruption insurance described herein is included in the Base Rent. Lessee shall have no obligations dur:.ng the period that Lessee is not,in occupancy of the Premises, except for the obligations of Lessee that insurance proceeds, if any, covers. 21.06 Notwithstanding the foregoing, in the event the holder of the first mortgage encumbrancing the buildings shall elect to use the insurance proceeds payable as the result of a loss as set forth herein to reduce the outstanding principal balance of said first mortgage, despite Lessor's best efforts to persuade the first mortgage holder to the contrary, then at Lessor's election, Lessor may choose not to rebuild. in such event, Lessee may terminate this Lease and this shall be its sole remedy hereunder. ARTICLE XXII - EMINENT DOMAIN 22.01 If all or any part of the property in which the Office Premises are located shall be taken or appropriated by any public or quasi-public authority under the power of eminent domain, subject to the additional' provisions of this Section, either party hereto shall have the right, at its option, to terminate this Lease. In such event, Lessor shall be entitled to any and all income, rent, award, or any interest therein whatsoever which may be paid or made in connection with such public or quasi--public use or purpose, and Lessee shall have no claim against Lessor for the value of any unexpired term of this Lease. If a part of the Office Premises shall be so taken or appropriated and neither party hereto shall elect to terminate this Lease, the rental thereafter to be paid shall be equitably reduced. If any part of the building other than the Office Premises shall be so taken or appropriated, Lessor shall be entitled to the entire award, as above provided. Before either party may terminate this Lease by reason of taking or appropriation as above provided, such taking or appropriation shall be of such an extent and nature as to substantially handicap; impede or impair Lessee's use of the office Building, such determination to be in Lessor's reasonable judgment. 22.02 ' This Section shall not prohibit Lessee from making its own claim in the condemnation proceedings for reimbursement or compensation from the condemnor for moving expenses or other costs for leasehold improvements owned by the Lessee (under paragraph 11.01) and the installation thereof incurred by it due to said condemnation, or Page 11 of 16 personal property owned by Lessee and taken by reason of said condemnation.- ARTICLE XXIII - SALE BY LESSOR 23.01 In the event of a sale or conveyance by Lessor of the Building containing the Office Premises, the same shall operate to release Lessor from any further liability upon any of the covenants or conditions, expressed or implied, herein contained in favor of Lessee, and in such event Lessee agrees to look solely to the responsibility of the successor in interest of Lessor in and to this Lease. This Lease shall not be affected by any such sale, and Lessee agrees to attorn to the purchaser or grantee unless such sale occurs prior to occupancy by Lessee in which case Lessor shall remain liable to Lessee for the performance of the Lessor's grantee until occupancy by the Lessee. 23.02 Notwithstanding anything to the contrary contained herein, no sales or conveyance by Lessor as aforesaid shall release Lessor from any future liability to Lessee her unless and until this Lease is assigned to and assumed by such grantee. 23.03 The term "Lessor" as used in this Lease, means only the owner for the time being of the land and buildings comprising the office Building so that, in the event of a sale or the Office Building, the Lessor shall be and is hereby entirely relieved of all covenants and obligations of the Lessor hereunder. Lessor shall have the right without the requirement of prior consent to sell or otherwise convey all or a portion of the Office Building and assign this lease to such grantee. ARTICLE XXIV - GOVERNING LAW 24.01 This Lease shall be construed and enforced according to the laws of the State of Florida. Any litigation concerning this lease shall be maintained only in Pinellas County, Florida. ARTICLE XXV - WAIVER 25.01 - The waiver by the Lessor or the Lessee of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Lessor shall not be deemed to be a waiver of any preceding breach by Lessee of any term, covenant or condition of this Lease, other than the failure of Lessee to pay the particular rental so accepted, regardless of Lessor's knowledge of such preceding breach at the time of acceptance of such rent. ARTICLE XXVI - NOTICES 26.01 All notices and demands which may or are required to be given by either party to the other hereunder shall be in writing and sent certified mail or delivered by hand. Page 12 of 16 26.02 All such notices or demands by the Lessor to the Lessee shall be addressed to or delivered to Attention: Lt. Jeff Kronschnabl, Special Assistant to City Manager/Community Response Team, P. O. Box 4748, Clearwater, FL 34618-4748 or such other place as the Lessee shall from time to time designate by notice in writing. 26.03 All notices, demands and sums due by the Lessee to the Lessor shall be sent to the Lessor at 1689 Oak Place, Clearwater, FL 34615, or to such other person or place as the Lessor from time to time designates in a notice to the Lessee. ARTICLE XXVII - SUBORDINATION AND MORTGAGE PROVISIONS 27.01 In the event any proceedings are brought for the foreclosure of, or in the event of exercise of the power of sale under any mortgage made by Lessor covering the office Building, Lessee, at the sole option of the purchaser upon any such foreclosure or sale shall. attorn and recognize such purchaser as the Lessor under this Lease, and upon the purchaser's written notice of its election of attornment, such attornment shall be automatic and self-executing. Without limiting the generality of the foregoing, Lessee within ten (10) days after request by the successor in title to the office Building shall execute an instrument in form and content acceptable to such successor evidencing such attornment. This Lease shall be and hereby is subject and subordinate to the lien of any mortgage and to all renewals, modification, considerations and replacements thereof, and to all liens resulting from any other method of financing or refinancing, now or hereafter in force against the land and/or buildings of which the Office Premises are a part or against any buildings hereafter placed upon the land of which the Office Premises are a part, and to all advances made or hereafter to be made upon the security thereof. Upon request of Lessor, Lessee will within ten (10) days after such request, evidence the subordination pursuant to an instrument acceptable in form and content to the Lessor. Provided Lessee is not in default, Lessor's successor shall honor Lessee's lease. 27.02 If the holder of any mortgage encumbering the Office Building shall give notice to Lessee that it is the holder of said mortgage and such notice included the address to which notices to such mortgagee are to be sent, Lessee agrees to give to the said holder of such mortgage notice simultaneously with any notice given to Lessor to correct any default of Lessor and agrees that the said holder of such mortgage shall have the right, within thirty (30) days after receipt of said notice, to commence correction of such default and diligently prosecute completion thereof before Lessee may take any action under - this Lease by reason of such default. ARTICLE XX111 _- FORCE MAJEURE, FINANCING RELEASE AND EXCULPATION 28.01 Anything in this lease to the contrary notwithstanding, Lessor shall not be deemed in default with respect to the performance of any.of the terms, covenants, and conditions in this lease to be performed by it if any failure of its performance shall be due to any Page 13 of 16 strike, lockout, civil commotion, war, warlike operation, invasion, rebellion, hostilities, military or usurped power, sabotage, governmental regulations or controls, inability to obtain any material or service, Act of God, or any other cause whatever beyond the reasonable control of Lessor, and the time for performance by Lessor shall be extended by the period of delay resulting from or due to any of said causes. ARTICLE XXIX - REAL ESTATE AGENT 29.01 Any brokerage commission, leasing fees or other costs payable to any licensed Real Estate Broker in connection with this Lease are to be paid by Lessor. ARTICLE XXX - AMENDMENT OF SITE PLAN NO REPRESENTATIONS' 30.01 Lessor reserves the right of any time, in its sole discretion and without the approval of or prior notice to Lessee, to amend without limitation the Site Plan. Such amendment rights include the right, at Lessor's sole discretion and without the approval of or prior notice to Lessee, to add or change building perimeters, driveways, change the number and location of parking spaces; and to make any other changes or additions it desires in and. about the Office Building. Notwithstanding the foregoing or any other provision of this Lease, Lessor will not reduce the number of parking spaces serving the Office Building or Premises or impair access to and from the Premises to be used in connection with the Premises without the consent of Lessee, which shall not be unreasonably withheld; the foregoing shall not create any liability of Lessor for any change mandated by governmental authorities having Jurisdiction or other circumstances beyond Lessor's control. ARTICLE XXXI - DEFINED TERMS & MARGINAL HEADLINES 31.01 The words the plural as well as include the feminine obligations hereunder The marginal headings a part of this Lease interpretation of an s "Lessor" and "Lessee" as used herein shall include the singular. Words used in the masculine gender and neuter. If there be more than one Lessee, the r imposed upon Lessee shall be joint and several. and titles to the paragraphs of this Lease are not and shall have no effect upon the construction or y part hereof. ARTICLE XXXII - PLATS & RIDERS 32.01 Clauses, plats and riders, if any, signed and initialed by Lessor and Lessee and endorsed on or affixed to this Lease are a part hereof. ARTICLE XXXT11 - TIME 33.01 *? Time is of the essence of this Lease and each and all of its provisions. ARTICLE XXXIV - SUCCESSORS & ASSIGNS 34.01 The covenants and conditions herein contained shall, subject Page 14 of 16 ,r to.the provisions as to assignments, apply to and bind the- heirs, successors, executors, administrators and assigns of the parties hereto. ARTICLE XXXV - RECORDING 35.01 This Lease may not be recorded without the prior written consent of the Lessor, which may be evidenced solely by a separate executed consent to recording. Upon request of Lessor, Lessee shall enter into a "short-form" or memorandum of this Lease. Said documents shall be in recordable form and shall describe the parties, Office Premises and term of this Lease and shall incorporate this Lease by reference. ARTICLE_XXXVI - LESSEE STATEMENT, 1MANCIALS 36.01 Within ten (10) days after request therefor by Lessor, Lessee agrees to deliver in recordable form a certificate to any proposed mortgagee or purchaser, or to Lessor, certifying (if such be the case) that this Lease is in full force and effect as (or if there have been modifications, that this Lease is in full force and effect as modified and stating the modification) and that there are no defenses or offsets thereto (or stating those claimed by Lessee), the dates to which all rents hereunder have been paid in advance, if any, the amounts of security deposits, if any, and containing such other matters as may reasonably be requested by Lessor, it being intended that any such statement as delivered may be relied upon by-any prospective purchaser or mortgagee of all of part of the office Building. If Lessee does not, within (10) days of Lessor's request as aforesaid, execute and deliver such instruments or the instruments required under this paragraph, then Lessee hereby irrevocably appoints Lessor as attorney-in-fact for Lessee with full power and authority to execute and deliver the same in the name of Lessee. Should the prospective mortgagee or purchaser wish to inspect the Lessee's financial records, such records as are publicly available will be made available for personal inspection by any citizen of the State of Florida in accordance with Chapter 119, Florida Statutes. ARTICLE XXXVII - MISCELLANEOUS 37.01 Lessor does not, in any way or for any purpose, become a partner of Lessee in the conduct of its business, or otherwise, or joint venturer or a member of a joint enterprise with Lessee. If any term, covenant or condition of this Lease shall, to any extent, be held invalid, unenforceable or inapplicable to particular persons, the remainder of this Lease, or the application of any term, covenant or condition shall not be affected thereby. This lease sets forth all covenants, promises, agreements, conditions and.representatioris between Lessor and Lessee concerning the Office Premises and there are no covenants,i promises, agreements, conditions or representations, either oral or written, between them other than are herein set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Lease shall be binding upon Lessor or Lessee unless reduced to writing and signed by them. This lease has been negotiated between the parties and accordingly the parties agree that Page 15 of 16 i ' neither of them shall be held more' accountable for the drafting or language.of this lease. 37.42 There are no personal guarantees of the obligations -of Lessee. IN WITNESS WHEREOF, Le ssor and Lessee have executed this Lease effective as of the date first above written, each representing to the other that they have full authority to execute same in the capacity indicated. In the presence of: "LESSOR" _ e ALBERT L. GUY LINDA M . .GUY "LESSEE" Countersigned: CITY OF CLEARWATER, FLORIDA By: Rita Garvey Elizabeth M. Deptula Mayor-Commissioner 3 City Manager Approved as to form and Attest; legal sufficiency: Cynthia E. Goudeau Assistant City Attorney City Clerk' C ADATAI W PFILESILEASE.95 Page 16 of 16 Clearwater City Commission Agenda Cover Memorandum Item #; ; 09 Meeting Date: SUBJECT; Increase legal counsel fees for Environmental Issues relating to the Manufactured Gas Plant Site RECOMMENDATION/MOTION: Amend the existing contract with the legal firm of Akerman, Senterfitt & Eidson of Orlando, Florida, to increase the contract by $25,000 for a new total of $65,000, ® and that the a ro riate officials be authorized to execute same. BACKGROUND: The original contract was approved by the City Commission on March 18, 1993, authorizing legal expenditures of up to $40,000 for environmental related issues, which Included completing the necessary tasks to obtain a final Contamination Assessment Report (CAR). The contract specified Mr. William Pence of Akerman, Senterfitt & Eidson as the attorney to represent the City of Clearwater in environmental matters concerning the Manufactured Gas Plant (MGP) site located at 400 North Myrtle Avenue in Clearwater. Mr. Pence has been negotiating an Intergovernmental Agreement and (CAR) between the City of Clearwater and the Florida Department of Environmental Protection (FDEP) and advising the Clearwater Gas System on work related to the MGP site since late 1992. The FDEP has broadened the scope of the project since the discovery of two underground fuel tanks and discovery that the City operated an incinerator on the MGP site. The change in scope has extended the negotiations over the terms and conditions of the Intergovernmental Agreement. Pinellas County has also entered negotiations with the City concerning the Pinellas County Health Department property located just southeast of the MGP site. Pinellas County is maintaining that the contamination on their property is coming from the MGP site. Because of these additional issues, it now appears that an Increase in cost of $10,000 will be necessary to cover Mr. Pence's services until the Contamination Assessment Report is completed. Another MGP site in Florida collected a sizable insurance settlement for a project similar to our MGP site. It is possible that insurance companies can be held liable under old policies for contamination found on MGP sites. Mr. Pence has estimated a cost of $4,900 for the initial reviewing of the City insurance policies, drafting demand letters to any applicable carriers, and initiating requests from them for additional information in response to the demand letters. The Revlewed by: originrtinp Department: Corte: Commission Action: ??;::::> -" <•:...:.::... Le al ?:;.:::.;:.. as t?t. ? SE` ta... ? •?:?? 26."000.00" 0 Approved Budget 3:Y>)'?<.>-;, . • :' .??• Total p Approved with Conditions Purchasing tJs apartment 4;o0d.t)0` ? Denied Risk Mgmt. <<%{' :3P1IA<:esr:;?: currant Fiscal Year p Continued to: is Funding Source: ACM Q capital Improvement: Oth Advertised: ? .:., :.. Operating: ... :Data; ? ® Attachments: ` '•' Other: t?S'h ?N.tiRbri ................................. submitted by: ® Not Required :..App!9priatlon Code Affected Parties '315+9g35B-:. ;.' '.:':.;:::..:.:`:,'::.•: ;::` :.`.;,531.43.OQ 632 Qt)?'.::.;.....:: Ct Notified ? None City Manager ? Not Required 0 Printed on recycled paper i Clearwater Gas System recommends that this be done. Finally, we are requesting $10,100 In additional funding approval for continuing environmental legal work by Mr. Pence Into 1996. The funds for these increased fees for professional services are available in the Environmental Gas Project Code 315-96358 and will be recovered from gas customers under the Gas System's new Environmental Imposition Adjustment clause. 5 k. AKERMAN, SENTER -IT 8 Emsm P• A. ATTop,NEYS AT LAW CITRUS ct"TCn 255 SOUTH Ot1ANOE AVENUE ROSY OrME nO% 431 onl,ANOO, PLOWDA 32002-0271 14075 043-7n6o vurco P7 1407) a43-aaio July 26, 1995 Mr. J. Terry Neenan CLEARWATER GAS SYSTEM 400 North Myrtle Avenue Clearwater, Florida 34615 Re: Former Clearwater Manufactured Gas Plant Site Legal. Services [3533/628333 Dear Terry: This will follow up our telephone conversation earlier this week concerning the current budget for legal services on the above-- referenced project. As you are aware, in March of 1993, we projected a budget of $40,000 to complete the necessary tasks to obtain a final Contamination Assessment Report ("CAR") for this site. By letter dated March 31, 1995, we revised the original proposal to request an increase in this budget in the amount of $10,000 to cover projected legal services through the submission of a formal CAR to the Florida' Department of Environmental Protection. The March 31, 1995, letter, a copy of which is enclosed, provided an explanation for the need to increase the project budget. In addition to the matters set forth in the March 31, 1995, letter, we were recently requested to review insurance policies provided to us by the City of Clearwater for purposes of determining whether insurance coverage may be available for any costs incurred by the City in connection with the site. This will formalize the estimated budget that we previously discussed to undertake this work. Specifically, we projected a cost not to exceed $4,900 to cover our time involved in reviewing the insurance policies provided by the City for purposes of determining whether coverage may be provided by said policies, preparing draft: demand letters for submittal to applicable carriers, and responding to initial requests for additional information received from the insurance carriers in response to our demand letters. It is my understanding that you will shortly be authorizing the issuance of the demand letters. Our review of the initial policies and preparation of the demand letter has essentially been completed. This will confirm that our previous estimate remains a valid estimate for the cost of onLANBO MIAMI . TALLAHASOCE . TAMPA Mr. J. Terry Neenan July 26, 1995 Page 2 completing these services through the preparation of responses to the initial requests for information that may be received from the insurance carriers. Accordingly, I am requesting authorization to increase the total project budget for legal services for this additional work by a total amount not to exceed $14,900. This amount includes the $10,000 increase in the project budget requested by my letter dated March 31, 1995. Please call me if you have any questions following your review of this request. With kindest regards, I am Very truly yours, ARE , SENTERFITT & EIDSON, P.A. illiam L. Pence WLP/bbs Enclosure cc: Mr. C. S. Warrington, Jr. (with enclosure) Pamela Akin, Esquire (with enclosure) Mr, Robert M. Bublitz (with enclosure)`/ Mr. George McKibben (with enclosure) AKERMAN, SENTERFITT b EID50N, P. A. ATTORNEYS AT LAW FInSMTC TOwcn 286 SOUTM OnANOC AVCNUC POST O??ICC ISOX 771 OnLANOO, ?LOnIOA ]2802-02]1 (407 642-7860 TCLCCOP7 (407) 843-6610 March 31, 1995 Mr. J. Terry Neenan CLEARWATER GAS SYSTEM 400 North Myrtle Avenue Clearwater, Florida 34515 Re: Former Clearwater Manufactured Gas Plant Site Legal Services [3533/62833] Dear Terry: This will follow up our meeting yesterday, during which we discussed the status of the current budget for legal services to complete contamination assessment activities at the former Clearwater manufactured gas plant (11MGP11) site. In March of 1993, we projected a budget of $40,000 to complete the necessary tasks to obtain a final Contamination Assessment Report ("CAR") for this site., As you are, aware, we have been working for the last two years on this project pursuant to that budget. Through February 1995, fees and costs for this project are $34,287.84. This leaves a balance of approximately $5,700 on the original budget. During the past two years, substantial time and effort was required for services beyond those originally projected in March of 1993. This has included extended negotiations over the terms and conditions of the Intergovernmental Agreement with the Florida Department of Environmental Protection (11FDEP11), re-bidding of the project required by the City of Clearwater Purchasing Department, and changes in the scope of work for on-site contamination assessment activities warranted by the discovery of the abandoned underground storage tanks on site. Other out--of-scope services have included meetings with the City's Traffic and Engineering Departments to discuss the proposed move of certain aspects of their operations to the site and extensive negotiations with Pinellas County concerning access and allocation of responsibility for impacts relating solely to the former MGP operations. Because of these additional services, it now appears that an increase in the budget in the total amount of $10,000 will be necessary to cover projected legal services through the submission of a formal CAR to FDEP. At present, it is anticipated that the 1 Mr. J. Terry Neenan March 31, 1995 Page 2 formal CAR will be delivered to FDEP before the end of calendar year 1995. Accordingly, I am requesting authorization to increase the total project budget for legal services for this effort from $40,000 to $50,000. Please call me if you require any further information to process this request. ' Thank you for your attention -to this matter. We appreciate your continued confidence in our firm. With kindest regards, I am Very truly yours, , SENTERFITT & EIDSON, P.A. Iii$Iam L. Pence WLP/bbs cc: Mr. C. S. Warrington, Jr. Pamela Akin, Esquire Mr. Robert M. Bublitz Mr. George McKibben f• IL Clearwater City Commission 1.' Item - - Agenda Cover Memorandum Meefin Date: r > SUBJECT: REMODELING OF THE GAS ADMINISTRATION & OPERATIONS CENTER BUILDINGS RECOMMENDATIONIMOTION: Ratify and confirm change orders in the amount of $34,969 for additional work for the remodeling of the Gas Administration and Operation Center buildings, located at 400 North Myrtle Avenue, Clearwater, to Design Wise Building Contractors, Inc. of Clearwater, increasing the estimated total amount to $197,519 ® and that the appxopfiate officials be authorized to execute same. BACKGROUND: The City Commission approved a contract for remodeling the Gas Administration and Operation Center buildings, to Design Wise Contractors, Inc., on June 1, 1995, in the amount of $162,550. Design Wise has started the remodeling work. While the work was in process, it was discovered that the Administration and Operation Center buildings were not constructed up to required codes when they were originally built. The walls, doors and stairways were supposed to have a one hour fire rating, which is not the case. Fire Marshall, Mr. James Goodloe from Clearwater Fire Department, met with the Clearwater Gas System staff and the remodeling contractor to discuss possible solutions to the problem. It was determined that all the walls and doors around the stairwells had to be replaced in order to met the fire codes. This involved enclosing two stairwells and making them one hour fire rated. The secured warehouse had to be brought up to existing building codes. This includes additional steel doors, fire dampers electrical work and framing. The cost for this additional work is $28,390. Some of this work has been completed to insure the safety of our employees such as constructing the fire walls and stairwells. Stopping the work would also have left the warehouse unsecured for a longer period of time, approximately four (4) weeks longer. Some additional work was done, such as moving a water line, installing a 36" X 36" steel frame window, and repairing a window. -There has•been-.some additional work still needs to be done such as changing door locks, deleting carpet and installing vinyl tile in stairway, The cost for this additional work is $6,579. The funding for this project will be expensed from the 1994 A Pinellas Gas Bond Issue, called Pinellas Bond Building and Equipment code 341-96305-563600-532-000. A transfer of $34,969 will be made into this code from the Pinellas Bond Relocation code 341-96303 during the first quarter of FY 95196. This can be accomplished without impairment as the level of relocation spending is running below projections. Reviewed by: Legal Budget Purchasing Risk Mgmt. is ACM other Origlnating 9eportment: Costs: ::..Gftiirwatar n avir:'Sy User l7eperimanu Clgsrwetat.Ciart.5Vl;terrt .::.. . ;:<.•::> Advertised- Submitted by: City ? Notlfiod Ch ana e D Not Roqulrod Wnted on recycled paper Funding Source: C1 Opel attng'. Im Other: Data: ..paper.' :.":...::;.:.?.::...:.:... ® Nat Required Affected Portion Q Capitd Improvement: Appropriation Code 341 •l1t33Q5.54a 040 ,. Commission Action: 'eaa;sas:oti" ? Approved Total ? Approved with Conditions •.i3a,Nt3H.04? ? bonled Cwrenl Fiscal Year O Cnntinuod to: ' Attachments: FEvc.tb} Work orders ,'. , ? ::: ? Nono CONTRACT Ch'.- NC=. ORDER 7? 74 JOB 'r CHANGE NO. # CONTRACT JOB NO. ORDER DeSIC,A a? ` BUt1Uif1C] Or'?rl'C1Cr01"5 Inc. DATE. AUG 16. 1995 FOR i S 2116 Sunnydale Blvd. a Clearwater, Florida 33575 ?CLEARWATER GAS SYSTEAI TO 400 N. MRTYLE AVE REVISED CONTRACT AMOUNT CLEARWATER, FLORIDA 34615 PREVIOUS CONTRACT AMOUNT ATTN : AIR. J. TERRY NEENAN" •' NT OF THIS ORDER ; 2 ` 865 , 00 L. DIRECTOR OF GAS SUPPLY AND OPERATI. TOTAL CONTRACT AND EXTRAS " •1. OLD DRAFTING ROOM: 2. ADMINISTRATIVE BLDG: I 2 -- 37" X 50 5/8" NU VUE BRONZE PAINTED WINDOWS WITH SOLARCOOL REFLECTIVE GLASS, SINGLE BUNG. 3 -- 43 5/8" X 32 5/8" SINGLE HUNG . BRONZE PAINTED WINDOWS WITH SOLARCOOL REFLECTIVE GLASS. 92.865.00 r The work covered by this order shall be Performed under the same Terms and Conditions as that included in the Original Contract. CHANGES APPROVED By By AMOUNT OF ORIGINAL CONTRACT CHANGE NO. # 1 $2,865.00 NEW AMOUNT: By G?-? E S 1 i i CONTRACT CHANGE ORDER JOB CONTRACT JOB NO. FOR a--? \ 0 BuDesignuoz@ n Contractors Inc. 2116 Sunnydale Blvd. a Clearwater, Florida 33575 F CLEARWATER GAS SYSTEM TO 400 N. MRTYLE AVE . CLEARWATER, FLORIDA 34615 CHANGE ORDER NO, # 2 DATE AUG 22, 1995 REVISED CONTRACT AMOUNT PREVIOUS CONTRACT AMOUNT f ATTN : MR. J. TERRY NEENAN NT OF THIS ORDER f $229320-00 L. DIRECTOR OF GAS SUPPLY AND OPERATf8R . TOTAL. CONTRACT AND EXTRAS $ 1. NEW DRAFTING ROOM WATERLINE RELOCATION. 2. CHANGE-OUT OLD CEILING GRID WITH NEW FOR ALL NEW WORK. 3. NEW FIRE-RATED DOUBLE DOOR FOR ELEVATOR RECEIVING DEPT. * NOTE: (PANIC HARDWARE IN CONTRACT) 4. RENOVATE OLD STAIRWELL TO PRESENT FIRE--CODE. 5. ADDITIONAL RENOVATION TO FIRE RATE EXTRA 131X 3' WALL. 6. GLAZE BREAK ROOM CRACKED WINDOW GLASS. 7. BRING SECURED WAREHOUSE STORAGE ROOM UP--TO CODE. * ADDITIONAL STEEL DOORS, FIRE DAMPERS, ELECT & FRAMING. $. UPSTAIRS DRAFTING OFFICE 36" X 36" STEEL FRAME & GLASS. INSULATE WALLS, REPAIR EXTERIOR WINDOW WALL. $175.00 $3,000.00 $2,260.00 $2,420.00 $420.00 $70.00 $12,960.00 $1,015.00 $22,320.00 The work covered by Ihis order shall he performed under the same Terms and Conditions as Ihet included in the Odginel Contract, ?i CHANGES APPROVED AMOUNT OF ORIGINAL CONTRACT By By CHANGE NO. # 2 $22, 320.00 NEW AMOUNT: By ES; CONTRACT CHANGE ORDER JOB CONTRACT JOB NO. pes icy n 00(L- f?uilcling r?ctors Inc, FOR 2116 Sunnydale Blvd, a Clearwater, Florida 33575 CHANC ORDER E NO, #.7 DATE AUG 229 1995 F-CLEARWATER GAS SYSTEM REVISED CONTRACT AMOUNT 70 400 N. MRTYLE AVE CLEARWATER, FLORIDA 34615 PREVIOUS CONTRACT AMOUNT ATTN: MR. J. TERRY NEENAN $39165.00 DIRECTOR OF GAS SUPPLY AND OPERATIONS r OF THIS ORDER # TOTAL CONTRACT AND EXTRAS 3 1. ADDITIONAL EXPENSES UNDER GENERAL CONDITIONS $3,165.00 TO EXPAND FIRE-RATED WORK AS PER INSTRUCTIONS BY MR. JIM GOODLOW, IRE MARSHALL. $3,165.00 The work covered by this order shall be performed undar the some Terms and Conditiam as that included in the Original Contract. CHANGES APPROVED AMOUNT OF ORIGINAL. CONTRACT CHANGE NO. # 3 $39165.00 By NEW AMOUNT: -z CONTRACT CHANGE ORDER t r. : -t?scfw Designmo@ CHANGE Building Contractors Inc. ORDER # DATE AUG 28, 1995 TO CLEARWATER GAS SYSTEM REVISED CONTRACT AMOUNT 400 N. MRTYLE AVE CLEARWATER, FLORIDA 34615 PREVIOUS CONTRACT AMOUNT ATTN: MR. J. TERRY NEENAN AMOUNT OF THIS ORDER = $49300.00 L DIRECTOR OF GAS SUPPLY AND OPERATIONS. TOTAL CONTRACT AND EXTRAS 1. AS PER REQUEST FROM MR. KEVIN GARRITY CITY OF CLEARWATER BUILDING DEPARTMENT, DESIGNWISE SHALL COMPLETLY ENCAPSULATE FIRE STAIRWELL OF 2ND FLOOR WAREHOUSE STORAGE AREA BY ADDING ANOTHER FIRE--RATED STEEL DOOR, FRAME, RATED HARDWARE AND PROVIDE A SEPARATE LIGHT AND LIGHT SWITCH TO SAME, INSTALLING TWO FIRE-RATED 28" X 32" STEEL FRAMES W/DIAMOND WIRE GLASS TO BOTTOM EXIT DOOR OF SAME STAIRWELL AND ANOTHER FOR THE EGRESS DOORWAY LEADING FROM THE "OLD" SUPERVISORS OFFICES. UPON COMPLETION STAIRWELL HALLWAY PAINTED OVER SPECIAL TYPE X 1/2" RATED DRYWALL. $4,300.00 The work covered by this order shall be performed under !fie same Terms and Condifions at that included in the Original Contract, CHANGES APPROVED. AMOUNT OF ORIGINAL CONTRACT By By CHANGE NO. # 01 . $A-300.00 NEW AMOUNT: By . LIKES: I CONTRACT CHANGE ORDER Designmo@ Building Contractors Inc. CHANCE ORDER DATE SEPT 6, 1995 rCLEARWATER GAS SYSTEM TO 400 N. MRTYLE AVE CL.ARWATER, FLORIDA 34615 REVISED CONTRACT AMOUNT PREVIOUS CONTRACT AMOUNT 'ATTN : MR. J. TERRY NEENAN AMOUNT OF THIS ORDER si $2,319.00 L DIRECTOR OF GAS SUPPLY AND OPERATIONS. TOTAL CONTRACT AND EXTRAS it ADMINISTRATIVE BUILDING: 1. REPLACE EXISTING HOLLOW METAL DOOR W/GLASS INSERT AT $875.00 BOTTOM OF STAIRWELL LEADING TO PARKING LOT. * DOOR FIRE-RATED WITH STEEL GLASS INSERT AND WIRE GLASS: * BRASS KICK PLATE, HINGES AND LEVER KEYLOCK. 2. EXISTING STEEL ENTRY DOOR TO 2ND FLOOR ADMINISTRATIVE OFFICES TO HAVE LOCK CHANGED TO BRASS LEVER KEYLOCK, DOOR CLOSER PAINTED GOLD W/BRASS KICK PLATE. 3. DELETE CARPET FROM STAIRWAY, FURNISH & INSTALL 12" VCT TILE #6420 "STONE BLUE/BLU, MERCER VINYL BASE #505 & STAIR TREAD #187 BLUE "RAISED CIRCULAR DESIGN". CARPET CREDIT $600.00 NEW COVERINGS $1,804.00 DIFFERENCE: ($1,204.00) TOTAL #4 $240.00 $1,204:00 $2,319.00 The work covered by this order shall be performed under Ne same Terms and Conditions as that included In the Original Contract. CHANGES APPROVED By By r r. ? AMOUNT OF ORIGINAL CONTRACT CHANGE NO. # $2,319.00 NEW AMOUNT: ?! ?. 'T Item N Clearwater City Commission Meeting Date: ?q EE ?`o as Agenda Cover Memorandum . 31 SUBJECT: Contract for Tire Service, Repair and Replacement: RECOMMENDATION/MOTION: Award a one--year contract (10/1/95 through 9/30/96), with an option to renew for an additional year upon mutual consent, to Stringer Tire Company, Inc., Tampa, FL, for tire service, repair and replacement at an estimated labor cost of $63,410 and estimated material cost of $211,590 for a total cost of $275,000 which is the lowest, most responsive and responsible bid submitted in accordance with specifications, ® and that the appropriate offlciols be authorized to execute some. BACKGROUND: Bids were solicited on July 31, 1995, for service, repair and replacement of tires on approximately 1,343 City vehicles operated in Pinellas, Pasco, and Hillsborough counties. Two bids were received: Don Olson Tire Service, Clearwater, FL, and Stringer Tire Service, Tampa, FL. The procurement of this service includes the purchase of tires, use of one, or if necessary two, tire technicians with trucks and equipment to provide daily support Monday through Friday and "on-call service" after flours and emergency support for hurricanes and related disasters. An analysis of the bids revealed that Stringer Tire Service, inc., provides the services as outlined in the specifications at a lower cost that Don Olson. A comparative study of tire prices provided by bidders revealed that in most cases only a few dollars variance occurred. Using past history to estimate material costs for FY 1995/96, an approximate material cost of $211,590 was developed. Reviewed by: la Originating Dept: Costs: f 275 000.00 Commission Action: , Legal Gen al Services Total ? Approved Budget P h i ?, I S '0' 13 Approved w/conditions as urc ng Risk Mgmt. User Dept: Current fiscal Yr. ? Denied cis N/A Various ? Continued to: ACM runding 5ottrce: Other ? Cnpitol Imp. Advertised: Operating Attachments: Date: 8/4 6 11/95 ? Other Contract Paper: Impn Tribune b P.C. (aid "4i?b Review ? Not Required ? None Submitted by- Affected Parties Appropriation oOe: 5 0 Notified 566-06611-550700- 19-000 city anag r 0 Not Required 0 Printed on recycled paper 2 - The following bid 'prices were received: Bidder Daily Price After Hours/ Weekends Estimated Material Cost Don Olson $298.00 $49.00 per call $211,590 Stringer $203.50 $35.00 per call $211,590 There will be no budgetary impact for FY 1994/95. Fiscal year impact for 1995/96 is estimated at $275,000.00, and sufficient funding has been included in the city Manager's recommended budget to fund 566-06611-550700-519-000, Fleet Maintenance Operations/Tires, for this contract. Funding for subsequent years will be approved in the budget process. ¦•. • - CONTRACT This CONTRACT made and entered into this day of , 19 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City," and Stringer Tire Company, Inc., of the City of Tampa, County of 11111sborough, and Skate of Florida, hereinafter designated as the "Contractor." WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at its own cost and expense perform all labor, furnish all materials, tools and equipment for the following: Bid No. 138-95--Tire Services In accordance with the City's attached technical specifications and the Contractor's bid response, together with any instructions to bidders, general conditions, and proposal, which may be hereto attached, are hereby made a part of this contract, and all of said work to be performed and completed by the Contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City: If the Contractor shall fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OR SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES HY THE AFOREMENTIONED CONTRACTOR, SUB- CONTRACTOR, AGENTS, SERVANTS OR EMPLOYEES. In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or natural original. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment 1 '. advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contractors or agreements with labor union and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $25.00 per event for each service call that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $25.00 per event shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. 2 IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written, CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA (SEAL By: Elizabeth M. Deptula City Manager Attest-: Countersigned: By: Rita Garvey, Mayor--Commissioner Cynthia E. Goudeau, City Clerk Approved as to form and legal, sufficiency; Paul Richard [lull Assistant City Attorney (Cont=ractor must indicate whether Corporation, Partnership, Company or individual.). (Contractor) (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation). By: SEAL 3 CITY 01 CIJ=NATJM BID 138-95 OPENED AV=ST 21, 1995 DID Tab ITEM UNIT OF 00. DESCRIPTION EASURE QUANTITY 1. TIRE SERVICE WITH NEW 6 RECAPS DAILY RATE REPAIR EACH - WEEKEND RATE PER CALL EACH 2. TIRE SERVICE WITH NEW TIRES ONLY DAILY RATE - REPAIR EACH - WEEKEND RATE PER CALL EACR 3, TIRE SERVICE WITH RECAPS ONLY DAILY RATE - REPAIR EACH - WEEKEND RATE PER CALL EACH 4. TIRE SERVICE - NO TIRES PURCHASED DAILY RATE REPAIR EACH - WEEKEND RATE PER CALL EACH 5. NEW TIRE PRICE LIST ENCLOSED? 6. RECAPPED TIRE PRICE LIST ENCLOSED? 7. ADD-ON V FOR OUTSIDE PROCUREMENTS UNIT OF RECAP TIRES MEASURE QUANTITY 1. 16.5-R 22.5 HWY. PRECURE WIDE BASE EACH 50 2. 1000-20 HWY. HAWKINSON TREAD EACH 75 3. 14/80-R20 HWY. FLOTATION TREAD EACH 50 4. 900-20 HWY. HAWKINSON TREAD EACH 5. 1000-20 TRACTION HAWKINSON TREAD EACH 30 6. 1100-20 TRACTION HhWKIN50N TREAD EACH 50 7. 11-822.5 HWY. PRECURE 535 EACH 100 8. 1100-20 HWY. HAWKINSON TREAD EACH 9. 1100-R20 HWY. PRECURE 535 EACH 10. 1300-R20 TRACTION PRECURE CROSS BAR EACH 11. 15-22.5 HWY. PRE-:ME WIDE BASE EACH 12. 16.5-22.5 HWY. PRECURE WIDE BASE EACH 30 13, 425 65 R 22.5 EACH 10 14. 13/80 R 20 EACH 10 15. 12 R 22.5 EACH 60 16. 255/70 R 22.5 EACH 100 START DATE: TERMSt sunHARY OF BIDS BIDS SOLICITEDS 9 BIDS RECEIVED: 2 NO RESPONSEt 6 NO-BID RESPONSES 1 summY or NO-BID RESPONSES INSUFFICIENT TIME TO RESPOND: 1 TtRX BERVICE DON OLSON TIRE i AUTO STRINGER TIRE _CLEARWATFR,_FLORIDA TAMPA PLORIDA UNIT TOTAL UNIT TOTAL COST COST COST COST 298.00 203.50 49.00 35.00 203.50 35.00 250.00 35.00 300.00 45.00 YES YES YES YES NO-BID 12 t UNIT TOTAL UNIT TOTAL COST COST COST COST 124.77 6,238.50 126.34 6,317.00 86,20 6,465.00 92.84 6,963.00 112.84 5,642.00 119.02 5,951.00 83.07 84.38 97.68 2,930.40 92.75 7,782.50 99.99 4,999.50 97.27 4,863.50 94.68 9,468.00 92.84 9,264.00 88.14 97.86 88.14 97.86 99.99 97.27 112,84 110.78 124.77 3,743.10 126.34 3,790.20 124,77 126.34 110.39 108.26 96.80 97.86 84.42 84.44 IMMEDIATELY IMMEDIATELY NET 30 1ST/10TH NET P r CLEARWATER CITY COMMISSION Item 0 Mooting Date: Agenda Cover Memorandum 1.111..?1.?11111.Y. . 111111. 11111Y.__.. ?' ??• ?? 111111YY?1111p.Y Subject: LONG-TERM DISABILITY INSURANCE FOR EMPLOYEES NOT COVERED BY THE CITY OF CLEARWATER'S PENSION FUND IIIYI II.....?11UI.I.r.r..rl9. ? .IY.IIY11r._III 1YYYr_.rl YY 111n..1r_1?In1n ... Recommendation/Motion: Extend the contract with CNA Insurance Companies, Orlando, Florida, for long-term disability (LTD) insurance for employees not covered by the City of Clearwater's Pension Plan for t h e contract period of 11-1-95 through 10-3 f -96 at an estimated cost of $36,702 ® and that the appropriate officials be authorized to execute same. BACKGROUND: City of Clearwater employees who are covered by the City of Clearwater Pension Fund are eligible to receive disability benefits under the Pension Plan. To offer a similar benefit to employees not covered by the City of Clearwater Pension Plan, the City began providing LTD insurance to these employees in 1987. In dune, 1993 the City of Clearwater issued a request for proposal (RFP) for LTD insurance prepared by Tom Richarme of Wittner & Company with the expectations of reducing the costs of LTD insurance and improving the benefits. CNA was awarded the LTD insurance contract which costs $.64 per $100 of insurance with an elimination period of 90 days and a maximum benefit of $5,000. CNA offered a two-year rate guarantee. For the contract period of 11-1-95 through I0-31-96, the renewal rate is $.75 per $100 of insurance. -The renewal increase is very reasonable in light of adverse claims experience -The renewal increase is still 17% below the in force rates of the for LTD carrier of $.88 per $100. -CNA was the low bid in 1993. The performance of CNA has been more than satisfactory and a higher level of service is not required. The fiscal year 1995196 employee insurance budget code includes funding for this contract and funding will be requested in the 1996197 employee insurance budget code. Reviewed by: Legal N/ Budget Purchasing Risk Mgmt.. NIA CIS _NEA ACM Other ?!9 t `, +f Submitted by: Originating Dept: Human Resources User Dept.: various Advertised: Date: Costs: Estimated $16-702,00 Total 0- Current FY Funding Source: ? Capt. imp. ® Operating ? Other Appropriation Code: Commission Action: ? Approved ? Approved w/condit!ons ? Denied ? Continued to. Attachments: ErNone AV. - ana9er f M ® Not roquirod Affected parties ? Notified ? Not required 590-07000-545700- 590-000 f ? 03X CITY OF CLEARWATER Interdepartmental Correspondence Sheet TO: Betty Deptula, City Manager FROM: Anna Fierstein, Human Resources Technician r SUBJECT: Long -Term Disability Insurance DATE: September 7, 1995 As requested at this morning's agenda meeting, I would like to inform you that there are presently 120 City employees covered under the City's long-term disability insurance. This number changes as employees are hired or terminated. Please let me know if I can provide you with additional information. 41 f y ???" i v .. a r. r .. t? °. t • •.. r .. f .... x ? . a f A l ACTUAL EXPERIENCE As of 6130195 -3 POLICY # 0033087327 - CIt of Clearwater Paid on Total Earned Earned Incurred Pending Incurred Incurred Poliev Year Prremiurn ClArns RP.starvat "IA?JR PLMIMr 1 nnn 17ft1in 1 1/1/93 - 10/31/94 $ 28,524.00 $ 33,997.00 $ 58,682,00 $ 1,796.00 S 92,475.00 324.20% 1111184 - 6130/95 $ 18,784.00 S - $ - $ 14,746.00 $ 14,748.00 78.50% Total S 47,308.00 S 33,997.04 S 56,882.00 S 16.542.00 S 107,221.04 226.640/6 7 CNA Insurance Company t " 1BNR - Incurred, but not reported 7 i t AGEN*.DA DATE ,,.,. ITEM //L7 ¦, SEAL. Item p _ Clearwater City Commission Meeting Date: Agenda Cover Memorandum Ti;{l. 33 9 1 -cr 5 SUBJECT: Purchase of DEC/Alpha 2100 computer for Utilities System Development RECOMMENDATION/MOTION: Approve the purchase of one (1) DEC Alpha 2100/4 computer system, operating system and programming licenses, and associated peripheral components from American Data & Computer Products, Inc. of Tampa, FL, for $38,348.00 being the lowest and more responsive bid submitted in accordance with the specification, and authorize lease purchase through City's master lease purchase agreement ® and that the appropriate officials be authorized to execute some. BACKGROUND: This computer will be used by two Systems Analyst/Programmers and up to two backup programmers fer ongoing functional enhancement and testing of the computer software that is used to support the Finance Department/Utilities Customer Service Division. This software application is responsible for the billing and customer service tracking for approximately 43,000 City of Clearwater Utility Billing customers. Currently, the Utility Billing system runs on a DEC VAX 4000-300. When this system was purchased in 1990, the City contracted with the software vendor for ongoing maintenance and enhancement. Hence, the computer was sized to provide excellent system response time to the user community only, since development was not being handled in-house. The hardware was predicted to have a five (5) year useful life span. In 1993, the software vendor went out of business. The City Information Management/Information Services (I.S.) staff had been monitoring this situation for some time, and was staffed to take over the system maintenance in-house. Since that time, the in-house programming staff has added 1' years of upgrades and new functionality to the software, at the direction of the Utilities Customer Service Management. This has seriously impacted the current computer in two ways - first, by using more resources every day to run the new enhancements and second, by adding a full time development load to the computer. The VAX 4000-300 was never sized to handle this work load. Reviewed by: originating 0 pt: Costs : f_ 38,348.00 Commission Action: Legal N/A u Infq n t on Management ! Total ? Approved Prcha l p -?_ S OOO OD Cl Approved u/conditions isk Mgmt. N A Risk 01 / User Dept: . Current Fiscal Yr. ? Denied ACM Information Management Funding Source: 13 Continued to: Other 0 Capital Imp. Advertised: ? Operating Attuchmentn: Dote: 05-23-95/05-30.95 ? Other Did Tabulation -`` Paper: Tampa Tribune/ Pinellas County Review ? Not Required ? None Submitted by: Affected Parties Appropriation Code: 0 Notified 315-94730 Ci onager 11 Not Required C.* Printed on recycled paper I.S. met with UCS management last fall to determine whether system response time problems through the recommendation of begin searching for new software, as the current system has it's five year life. The staff of UCS preferred to keep the protecting its investment in customizing the system, provid continue to enhance its functionality. to address their new hardware, or to reached the end of current software, ing I.S. can As stated in the Information Service Strategic Plan, and as presented at Technology Day, I.S. recommends migrating the Utilities System off of the VAX computer and onto an Alpha System. The Alpha is based on the latest RISC chip technology, and provides the best cost/performance in the industry. To successfully migrate and continue to enhance the Utilities application without effecting the live customer service computer, I.S. is requesting a separate Alpha computer to be used for migration, testing and enhancement. (In early FY95/96, if the budget is approved, I.S. will be coming forward to the Commission with a request for another Alpha computer to be used to run the live Utilities software.) The removal of the development system from the live machine will eliminate the impact of development activities from the customer service oriented system. It will also allow for a complete segregation of the development system from the live system, as recommended by the City external auditors. The City's investment in the Alpha computers will be protected in several ways. The Alphas have the ability to run Windows-NT (the next generation in network operating systems) as well as Unix, another operating system which is gathering mainstream popularity. If the Alpha is no longer needed by Utilities in the future, it can be used on the City's Enterprise Network as a high speed file server for Client/Server and other large database applications. T.S. is also preparing to recommend the Alpha computer platform for a new Human Resources/ Payroll system and as a performance upgrade for the Ross Financial System. With proper licensing, the Utilities Development Alpha may also be used as a testing environment for these other city wide systems, if needed. In addition, the computer is being configured with one (1) CPU, but can be expanded to four (4) CPUs if needed for future applications. The cost of the computer includes three (3) years system maintenance at no additional charge. Other project are software/operating system maintenance $2,243/year, license for Oracle/RDB (the database Utilities application) for $8,254.52 and maintena (estimated at $2,384.00/year). of next day response Alpha costs associated with this at an estimated cost of which is used in the nce for the Oracle/RDB product capital Improvement Project 315-94730 Utilities System Upgrade includes funding for the lease purchase of this computer. Annual debt service costs of approximately $8,704.00 are included in the Finance/Utilities Customer FY95/96 recommended Operating Budget. Information Management/Information Services FY94/95 Operating budget Code 640 (Capital Machinery and Equipment), contains funds originally budgeted for hardware enhancements to the Utilities existing VAX computer. Due to the migration to the Alpha system, these funds are no longer needed. instead, funds will be moved from 640 to 643 (Capital Software) to cover the cash required for the Oracle/RDB license, support and Open VMS Operating System support. ?1 fl; ? v f :r b ? 3 r i n i ? O" . • N h n 1 h • H h n M n w o n 0 a °a i ° i q o O ° ? i rri ' r a n gl n • h . N . ? K w S p P 0 n p p D si n r n v °r 6 no ry n ry K P . e• o P P P • P ? O O e } . F F F` Q O O ; a N I? w M V F . d 7 n n • n e d O p e 1? • ? M 4 Y h K F ZZ c c O a O . S M1 y n 1? P N n n o ° o ° o ` R o ?. ( ( F ? O n 1 F ! F ? w w M N r o R ?i 1 1 w ; w •1 n N n ! h . . R ? I jI PP a °d °a °e ,'1 7! ?? ' ! ? y FI ? ooii b n •1 w F F q ra n Q n n K e j p a P P 4 ; n a a P o • w • P P n = n ; = n ? Y A ? ° ? N n N R: I I . • 8 S O p O R n h M r n n n a n N N /• mil] w w M s' M w w r h I il . + w n w 1 It A O V F R H F . ' n /? V F N ? r ? ? N N N n n Y ^ n N Y 1• Y ? w ¦'• F r ? r ? r n ° w v w 1 n ? M1 Y P r. N + '• N F ° p o 0 0 o o CQ 0 ? O S R N N n . a r N n A N n w N N n n N e P O b P e O p R a P o Q p R p ? P n .? N T N O h w .? F Y 111 n w N n H n ? N ?n M fN fl b r ? w w ° .n• n n H N V .n• n n w i? n ? i T N N / P O N w v : ? wM1i 'n ^ '• r « N w i7 M w M F Q ? V p O O p p 6 q O a O O O ° p O O O° S n n t O O p p p p p p n •• M w N w N n N a O O n •!{. O M V I~j F h ?°/ n N n I. h b •1 ° n r « M n « ry pj .4 N N p° o ae o° °.? n o o a n p P e p e a O d O O O O O O N ?r1 w Iri N F N n h V M M N Iry^ M n u n n r n T N ? . t T N N n wk N n p d e n e e a n a a 4 O d o n o O p O 6 Q p w ?Ai Q •Q• p y7 N ?1 F I? w F• N M a it H /` Y H i 1 n ? O n N ,? n M ?i R p O p o e o e e O a a P P 4 O O p a p Iry N h w F N ? • n F n r n . . •• N n b S S O P$ R R O H ? a M N ^ ! M y? n ./ N h F r h H n n H S o 8 ry$ p a$ n V b rf ~ /I N N h V '{ H F Y •i .+ n o S e o$ S$ S V O a F M w A n V M M r 111 « It C° °R $ p o 0 0 n V M v1 M N 1°n rl « z '3 20 t M1 i N N N n N H N H N N w n w N . T T T T . f c?5]1111 V 1 ? ? cn ? o ??]t? ¦gQF?•.5?'. a ?? ? ? ??? t 1 .. p p r• .°r P pp ?i ?S T? a N iT O.?? i? 6 ? M ?. n R .. n n N r o n r°i •i N 2 w I n 0 1, o. .ni •°r n In ~¦ = O 6 O p n r R N= a p p P ?.1 R n n n n a ! 4 ? e r ¦ r N V S y O p O P n n n n n H n n = ?! ii r Rn•?q+? V ? W ? O a P ^ i ¦ N N H i ti ? n N h @N N a P e w :• n M1 R ¦ R = aaa ^ ¦ R. 1• = H N N TW. z A N rr V Q !I? V IJ IV N n N ^ n N Q? s a S O o a . Notes regarding Bid Tab - Bid # 122-95 * Maple Grove offered best price on Oracle RDB products. However, the vendor's phone was not working properly for incoming calls over a two week period. Vendor was reached by fax, but after the initial contact, did not provide requested information regarding on-going product maintenance. Vendor rejected due to inaccessibility, unresponsiveness to questions and inability to quote maintenance. ** Gemini Digital did will not sell the Oracle RDB software without selling the hardware. Gemini Digital did not provide the best price on hardware. Oracle RDB Licenses Oracle's minimum licensing policy changed after the bid was opened, resulting in new phone quotes for these prices, as noted for Maple Grove and American Data. Prices for Gemini Digital not updated as they do not sell the software without the hardware. I . t tem # learwater City Conuuisslon stating Date: C Agenda Cover Memorandum Ga. IS SUBJECT: SCHOOL RESOURCE OFFICER CONTRACT RENEWAL RECOMMENDATION/MOTION: Approve an amendment to the agreement between the city of Clearwater and the School Board of Pinellas County, Florida providing for continuation of the School Resource officer program, for the 1995/96 school year, at Clearwater High School and Countryside High School ® and that the appropriate officials be authorized to execute some. BACKGROUND: Under the terms of the three year agreement entered into on September 13, 1994, between the School Board of Pinellas County, Florida and the City of Clearwater, the City will provide law enforcement and related services to Clearwater and Countryside High Schools during the regular school year. The assigned officers will provide instruction in law education, serve as resource persons, conduct investigations, provide security and maintain the peace, make arrests and provide support services as necessary. This amendment increases the reimbursement to the city of Clearwater, for the school year 1995/96, by three percent (3%), from $28,856.10 base salary, to the sum of $29,721.78 base salary, per School Resource officer, or a total of $59,443.56. Payments are to be made in quarterly installments. Additionally, overtime costs related to school functions will be reimbursed to the City by the School Board. The actual costs to the City for providing the School Resource Officers at Clearwater and Countryside High Schools is a total of $73,903.23. The difference between the actual costs and amount reimbursed is offset by the benefit of the program to the community and the Police Department. All other items and conditions of the original agreement, and the amendment dated September 13, 1995, shall remain in full force and effect. Reviewed by: O M Originating Dept: Costs: f .00 Co mission Action: / Legat d POLE Total ? Approved get Bu N h i 00 $ ? Approved w/conditions as ng Purc Risk Mgmt. N/ W User Dept: . Current Fiscal Yr. ? Denied Cis NIA ACM P LICE a Funding Source: ? Continued to: Other ____ 6? 13 capital imp. Advertised: ? Operating Attachments: Date: p Other 1. Amendment to Agreement Paper: 2. OrlginaL Agreement 0 N ed t R i o equ r Submitted by: Affected Parties Appropriation Code: ? None ? Notified ® Not Required na er Ctt cot Printed on recycled paper l ' r r SCB001- ]RESOURCE O171C R [Barr This Addendum, made and entered into this 13th day of September, 1995, by and between the SCHOOL BOARD-OF PINELLASY COUNTY, FLORIDA (referred to herein as the "BOARD") and CITY OF w CLEARWATER, FLORIDA (referred to herein as the "CITY") , amends the Agreement entered into by the BOARD and the CITY for the establishment of a School Resource officer (SRO) Program in-the public school system of Pinellas County. WITNESSETH: Whereas the BOARD and the CITY entered into an Agreement whereby the Clearwater Police Department would supply SROs to designated schools and whereby said Agreement may be modified by the mutual consent of the parties, it is agreed as follows: 1. The Agreement between the BOARD and the CITY dated the 13th day of September, 1994, is hereby modified to reflect that'the amount of compensation paid by the BOARD per SRO set forth in Article III of the original Agreement shall be increased to a total of $29,721.78. ` 2. All other terms and conditions of the original. Agreement dated the 13th day of September, 1994, shall remain in full force and affect unless specifically modified herein. Countersigned: Rita Garvey, Mayor-Commissioner CITY OF CLEARWATER, FLORIDA' By: Elizabeth M. Deptul.a City Manager Attest: Cynthia E. Goudeau City Clerk A owed as to form and legal sufficiency S hoo Board Attorney Robert J. Surte, Esq. Assistant Cit? Attorney li E{ y`?`st1?i!, "3?njr.,r».:ee x. n .,..s s..a. .. .... _. ... ... .. ..? ••1 " .5-•`•7 a. .?t? 4 n. ... ....? •. .e .4`. ..x /. ... .T'?e....s ..e.. s.w.Y wlTNrs;-q7 • • 5 THE SCHOOL. BOARD of PINELLAS COUNTY, PWRII)A ? E' • Chairman Attest: Ex-Officio Secretary i i - i` r', of .. i COPY SCHOOL RESOURCE OFFICER.AGREEMENT THIS AGREEMENT, made and entered into this j3 day of"Sept. , 1994, by and between.the SCHOOL BOARD OF PINELLAS.COUNTY,• FLORIDA_ ( referred:, to: herein • as • the "BOARD."),. and' THE.?•CITY: OF CLEARWATER, (the city of Clearwater' Police Department.-referred-to-herein as "C.P.D."), is for the establishment of a School Resource officer (referred to as "SRO") Program in the public school system of 'Pinellas County. W I T N E S S E T H: That the BOARD and the City of Clearwater intend to provide law enforcement and related services to the public?schools,of Pinellas County as hereafter described, and That the BOARD and C.P.D. will mutually benefit from the SRO Program. NOW, THEREFORE, the terms of this Agreement are as follows: ARTICLE 1. The obligation of C.P.D. and the SRO's are as ` follows: r• . A. Provision of School Resource Officers. The C.P.D. shall assign one regularly employed officer to each of the following schools: 1. Clearwater Senior High School 2. Countryside Senior High School S. Selection of School Resource Officers. The Chief of C.P.D. or his designee and the Principal of the school to which the SRO will be assigned shall select the SRO on the basis of the following evaluation criteria. 1, The SRO must have the ability to deal effectively with students. The ages, socioeconomic, and cultural composition of the students of the particular school should be considered in making this evaluation. 2. The SRO must have the ability to present a positive image and symbol of the entire police agency. A goal of the SRO Program is to foster a positive image of police officers among young people. Therefore, the personality, grooming, and communication skills of the SRO should be of such nature so that a positive image of the police agency is reflected. The SRO should sincerely want to work with the staff and students at the particular school to which he or she is assigned, -1-- ¦ It 'L N 3. The SRO must have the ability to provide good quality educational services in the area of.lawr.enforcement. The educationr background, experience, interest level-and communication skills of the SRO must be of high caliber so that•the SRO can effectively and.. accurately provide resource teaching-.services. The SRO will spend .?. as-much time as practicable in classroom instruction. 4. The SRO must have the desire and ability to work cooperatively with the Principal and his administrative staff. Officer. 5. The SRO must be a state certified Law Enforcement C. Regular duty hours of the School Resource Officers. The SRO will be assigned to his/her school on a full-time basis of eight (8) hours on those days and during those hours that school is in session. The SRO may be temporarily reassigned only during the period of a Law Enforcement emergency as such may be determined to exist, by the Chief of the Clearwater Police Department. D. Duties of School Resource Officers. While on duty, the;SRO shall perform the following duties: 1. Speak to classes on the law, including search and, seizure, criminal law, motor vehicle law, and other topics when assigned to speak by the Principal. 2. Act as a resource person in the area of law enforcement education at the request of the Principal. 3. Conduct criminal investigations of violations of law on School Board property. 4. Provide school-based security and maintain the peace on School Board property. 5. Make arrests and referrals of criminal law violators. 6. Appear at State Attorney investigations, depositions, trials and sentencing. 7. Provide transport to Juvenile Detention Center and County Jail. S. Coordinate Emergency Medical Service (EMS) at the request of the Principal, or his/her designee. _7_ 1 court. 9. Coordinate transportation of witnesses to and from 10. Provide counseling to students on request of the Principal, or his/her designee. 11. Secure, handle and preserve evidence. 12. Recover School Board property through working with other police agencies. 13. Make referral to social agencies. 14. Relay messages in emergency situations (such as, tornadoes, hurricanes, etc.): 15. Provide special truancy investigations and prepare for prosecution. 16. Coordinate investigation of bus stop incidents. 17. Provide assistance in civil (custody) matters (i.e., counseling). 18. Wear official police uniform which shall be provided at the expense, of the Law Enforcement Agency; however, civilian attire may be worn on such occasions as may be mutually agreed upon by.-the Principal and the SRO. 19. Perform such other duties as mutually agreed upon by the Principal and the SRO, so long as the performance of such duties are legitimately and reasonably related to the SRO Program as described in this Agreement, and so long as such duties are consistent with State and Federal law and the policies and procedures of the C.P.D. 20. Follow and conform to all School Board policies, F.S.S.230.2318, and procedures that do not conflict with the policies or procedures of the C.P.D. The parties to this Agreement shall abide by all rules, regulations and procedures as outlined in the Civil Rights Act. 21. Maintain a "Quarterly Activities Report" or such other report regarding his/her activities, as may be required by the BOARD. E. Support Services to be-Provided by C.P.D. The C.P.D. or the SRO will provide the following support services:' court. 1. Maintain and deliver evidence to laboratories and 2. Maintain and file Uniform-Crime Reporting (UCR) records according to law. 3. Maintain a dispatch log, with respect to calls for assistance. The dispatch log shall reflect the time a call is received, the time a call is dispatched, the officer's arrival time, the time the assignment is completed, and the geographical location of the ,incident. 4. Process all police reports. 5. Provide copies of all offense reports taken by the School Resource officer to the Campus Police, upon request, as the law allows. 6. Maintain a file on property reported lost and/or stolen. 7. Provide each SRO with a patrol automobile and all other necessary or appropriate police equipment. The cost of purchasa:ng, maintaining, and repairing police equipment provided under thid'. Agreement shall be borne by the C.P.D. 8. Receive and dispatch complaints via telephone, walk-in and radios. 9. Maintain copies of reports generated by officers in compliance with State and Federal laws. 10. Maintain fingerprints and photographs of arrestees in compliance with State and Federal laws. 11. Develop, implement, and evaluate security programs in the school assigned. 12. Coordinate with school administrators, staff, law enforcement agencies, and courts to promote order on the school campuses. 13. Coordinate, at the direction of the Principal, the scheduling of the C.P.D. personnel at extracurricular activities, including such after--school security activities for which reimbursement is due, pursuant to Article III below. i 14. Make presentations to civic groups. 15. Provide and coordinate necessary inservice training for personnel. 16. Maintain Criminal Justice Standards, as required by law. 17. Coordinate with Department of Highway Safety and Motor Vehicles, as required by law. 18. Coordinate and participate with the School Safety Committee. 19, Coordinate with, and participate in, Neighborhood Crime Watch. 20. Provide a Victim Assistance Program. 21. Provide for emergency response after regular school hours. r 22. Upon request police officers to school regularly scheduled rate available. The number of determined by the SRO and Risk Guidelines." If the officers is excessive, or the decision.by the Chief by the Principal, the C.P.D. will assign functions occurring after school at the Cor services, providing such officers are law enforcement officers will be his supervisor, based upon the "Level of Principal believes that the number of inappropriate, he may request a review of of the C.P.D. Any activity requiring the services of the SRO occurring off campus, shall be contingent on the approval of the Chief of Police. ARTICLE II. The SRO shall be an employee of the C.P.D. and not an employee of the BOARD. The C.P.D. shall be responsible for the hiring, training, discipline, and dismissal of its personnel. ARTICLE Ill. In consideration of the services provided herein, the Board shall pay to the City of Clearwater the sum of $28,856.10 (TWENTY-EIGHT THOUSAND EIGHT HUNDRED FIFTY-SIX DOLLARS AND TEN CENTS), per school Resource Officer, for the 1994--95 contractual term. Payments shall be made in quarterly installments, when the quarterly reports are submitted to the Chief of the Campus Police. No other consideration will be required during the term of this Agreement for the in--school services called for herein. The BOARD shall, however, reimburse the C.P.D. for all security services performed at school functions occurring after regular school hours. The rate of reimbursement for such after--school activities shall be in accordance with the C.P.D. salary policy and procedures. -5- ARTICLE IV. The parties, their agents and employees will cooperate in good faith in fulfilling the terms of this Agreement. Unforeseen difficulties or questions will be resolved by negotiation between the Superintendent of the BOARD and the Chief, or their designees. ARTICLE V. Changes in the terms of this Agreement may be accomplished only by formal amendment in writing approved by the CITY OF CLEARWATER and the BOARD. ARTICLE VI. To dismiss an SRO from-his/her position at his/her assigned school, the following procedures must.be followed: The Principal will recommend to the superintendent that the SRO be removed from the program at his school, stating the reasons for the recommendation in writing. Within a reasonable period of time after receiving the recommendation to remove an SRO, the Superintendent, or designee, will meet with the Chief, or designee, to mediate or resolve any problem that may exist between the SRO and the staff at his/her assigned school. With the agreement of the Superintendent and the Chief, or their designees, the SRO, or specified members of the staff from the school, may be required to be present at the mediation meeting. If, within a reasonable amount of time after cbmmencement of mediation, the problem cannot be resolved or mediated, in the opinion of both the Superintendent and Chief,.or their designees, then the SRO will be removed from the program at that school and a replacement will be selected, as provided elsewhere in this Agreement. r• ARTICLE VII. The term of this Agreement shall be for 3 years with annual sequences of 10 months plus the 20-day summer school sessions on an as needed basis, beginning August 18, 1994 through July 31, 1997., The BOARD shall receive the SRO services described in Article I for the full term of the Agreement. If it is necessary for the assigned SRO to be absent from school for less than a full day, the SRO will notify the Principal and provide instructions on how emergency police service may be obtained in his absence. If it is necessary for the assigned SRO to be absent from school for a full day or more, then the C.P.D. shall supply a substitute SRO, and the BOARD shall reimburse the C.P.D. for the actual costs. For any day there is no officer at school for a full day, a credit shall be given to the school system. The credit shall amount to the daily rate of the BOARD'S contribution. ARTICLE VIII. The BOARD shall provide the SRO, in each school to which a SRO is assigned, the following materials and facilities necessary to the performance of duties by the SRO, enumerated herein: 1. Access to a private office which is air conditioned and properly lighted, with a telephone, to be used for general business purposes. 4 ,. A 2. A location for files and.records which can be properly locked and secured. 3. A desk with drawers, a chair, work table, filing cabinet, and office supplies (i.e., paper, pencil., pens, etc.). 4. Access to a typewriter and/or secretarial assistance. ARTICLE IX. This Agreement may be terminated by either party upon seven (7) days written notice that the other party failed substantially to perform in accordance with the terms and conditions of this Agreement through no fault of the party-initiating. termination. This Agreement may be terminated without cause by either party upon thirty (30) days written notice. Termination of this Agreement may only be accomplished as provided herein. In the event this Agreement is terminated, and the BOARD has paid for the SRO in advance, the BOARD shall be entitled to a prorated refund of any advanced payments for which the SRO services have not yet been- provided., ARTICLE X. Subject to the limitations contained in F-S.S.111.07, the C.P.D. shall defend any lawsuit taken against the C.P.D. or the SRO which arises out of services performed under this Agreement. C.P.D. procedures shall be followed in handling such suits. The C.P.D. shall pay any judgement rendered against it according to law. Nothing contained herein shall be construed to waive the provisions of F.S.S. 768.28 as the same applies to berth the C.P.D. and BOARD. M .,j.. t • i WITNESSES: THE SCHOOL BOARD OF PINELLAS COUNTY., FLORIDA By. 5E 3 1994 C a rman - Attest Ex-officio Secretary CITY OF CLEARWATER Cou ersigned: F 94ty Ma ager ita Garvey, Mayor-Co J-oner Attest: the City C' rk of Approved as to form nd correctness f Board Attori eT Lyn el Gordon squire Police Legal dvisor E ¦? Item # Clearwater City Commission Meeting Date: _ =. ` Agenda Cover Memorandum 3_5 MIME sslgnmen o weeping Contract rom C. P. ar , Inc. to weeping Corporation of America, Inc. . RECOMMENDATION/MOTION: Ratify and confirm the City Manager's authorization of paymentfot- May, June, July, August and September 1995, and approve the assign- ment of the remainder of the City's sweeping contract with C. P. Ward, Inc. to Sweeping Corporation of America, Inc. of Nashville, Tennessee, beginning May 1, 1995 and ending September 30, 199'6 under the same terms and conditions ® and that the appropriate officials be authorized to execute some, BACKGROUND: At Commission meeting on August 15, 1993, C. P. Ward, Inc. was awarded a contract for sweeping the Beach Commercial Streets, Downtown Commercial Streets and Beach and Downtown Parking lots for a three year period from October 1, 1993 to September 30, 1995. C. P. Ward, Inc, held the previous three year contract and had proven to be a reliable sweeping contractor. On March 22, 1995 the Public Works Department received a letter from C. P. Ward, Inc. terminating their contract with the City effective May 1, 1995. See attachment (A). The bids were reviewed and the second low bidder Sweeping Corporation of America, Inc. was contacted at their local Clearwater office to see if they would assume the contract. Verbal agreement was given that they would assume the contract for the same price as C. P. Ward, Inc. A fax letter was received at the Public Works Department office from Sweeping Corporation of America's home office in Nashville, Tennessee formally accepting this offer. A letter of acceptance followed. See attachment (B). On April 7, 1995, Assistant City Attorney Paul Richard Hull prepared an assignment contract to be executed by both C. P. Ward, Inc. and Sweeping Corporation of America. The contract was executed by C. P. Ward, Inc. on April 11, 1995 and by Sweeping Corporation of America, Inc. on April 17, 1995. See attachment (C) . Sweeping Corporation of America, Inc. commenced sweeping service on may 1, 1995 and has continued since but has not received payment for their services. The City Manager authorized payment for the months of May, June, July, August and September 1995. See attachment (D). Reviewed by: Originating Dept: Costs: $ 183 96.5 Commission Action: Legal N/A Public Works Totat ? Approved u P hasin ha u P ? S 48.225 ? Approved w/conditions rc g rc Risk Mgmt. N/A User Dept; Current Fiscal Yr. ? Denied Cis NZ public Works Funding Source: ? continued to: ACM NIA Other ? Capitnt imp. Advertised: ® operating Attachments: A Date: C3 _ other a Paper: C ® Not Re uired D Submitted by: q Affected Parties ' Appropriation Cade: ? None C i Notified 419-02909-530300-539-800 % Not Required 435-01333-530300-545-000 Cit _Mana er _ ATTACHMENT A SINCE 1921 ONTRACT VY 8784 116TH AVE. N. LARGO, FLORIDA 34843 Bi3.54t•7555 • 800.87&9273 FAX 813.544.3499 March 13, 1995 Mr. R. Gardner Smith City of Clearwater Public Services Division 1650 N. Arcturas Avenue Clearwater, FI 34625 Re:. Street Sweeping Service Dear Mr. Smith: C.P. Ward, Inc, Regrets to inform you, effective May 1, 1995, we will no longer be able to serve the City with our sweeping service. We are no longer able to support this service since it is substantially not profitable. We want to thank you for being able to work with you and hope this does not cause an inconvenience. As always, if you have any questions, please contact us at your convenience. Sincerely, C.P. WAR nc. Matthew A. Koerner Vice President Public Works Depariment /malt Copy ..... ... ................. ... File...... ................ ? RG5 MAR 2 2 1995 R & D 'WC WTR ADNi ? MAR ? AOH ? TRH ? IDA ? ? ? ? ? ? ? ? 0 s "An Equal Opportunity Employer" WED 09:32' I D : 9WEER- CORD OF AMER TEL NO:615--665-1431 CsWeTiQ9 0107mbon of o4merica. March 29, 1995 Mr, Richard. Gardner mith Public- Works Direct l3or City of Clearwater . 1650 North Arcturas'Avenue Clearwater, FL 34618-4748 Daar Hr. Smith, 4973 PO1 _ .,.?... ATTACHMENT B Please let this letter serve as our intent to take over the current contract between C. P. Ward and- the City of Clearwater for providing street sweepin0 ' servi.ccs . it is our understanding the contract amount will be $9,645..00 per month starting May,, 1, 1995 and continuing until September 30, 1996. Please have-your city attorney draw up the necessary contract and send to me at the'tollowing address: sweeping corpoxati,on of America, Inc. P.0:-Sox 70790 3410 Dickerson Road Nashville, TN -37207 ATTIC : Donald •R•. • Maha f f ey if 'there are any questions plea** ,Teel. free to call me at 615-865- 9100, . Your* tru yf Memald R. atfey,. Vice-President Sweeping Corporation Of America, Inc. DRH/lmc fax: 813-462-6561 attn: Judy Ardiance Corporate Haadquarta ` : P.O. Bar 70790 • NdahVills. 7N 37207-0730 a (6151885-9100 • FAX (8131865-1441 1-800-80-SWEEP f? ?5 ATTACHMENT C ASSIGNMENT OF CONTRACT For good and valuable considerations, the receipt of which is hereby acknowledged, C. P. WARD, INC., "Assignor", hereby assigns to SWEEPING CORPORATION OF AMERICA, INC., "Assignee" all Assignor's right, title, and interest in and to the contract dated August 17, 1993, between Assignor and the City of Clearwater, Florida, concerning street sweeping service, a copy of which is. attached to this assignment as Exhibit "A". By this assignment, Assignor al Assignor's duties and obligations of described contract. By accepting agrees to assume and perform all Assignor has under the contract and t any liability for performance o obligations. DATED: / so delegates to Assignee all performance under the above-- this assignment, Assignee duties and obligations that o hold Assignor harmless from r nonperformance of those C. P. WARD By: Its: _L ?2CS/!r1lT Attest: ACCEPTANCE For good and-valuable considerations, the receipt of which is hereby acknowledged, SWEEPING CORPORATION OF AMERICA, INC., "Assignee", hereby accepts the foregoing assignment and agrees to assume and perform all the duties and obligations to be performed by C. P. WARD, INC., "Assignor", under the contract described in the assignment, a copy of which is attached hereto as Exhibit "A", as if Assignee had been an original party to the contract, and Assignee agrees to indemnify and hold Assignor harmless for any liability for performance or nonperformance of the duties and obligations assumed by Assignee. DATED: qi?tmnesses SWEEPING CORPORATION OF A ERICA, INC. By. Its: Attest: G ATTACHMENT D CITY of CLZUWATER XXTERDEPARTMENT CO"VBPONDENCE (a 0 TOO Betty Deptula, City Manager FROX: Margaret Simmons, Finance Director SUBJECT: Street Sweeping Contract I DATL: August 24, 1995 As we discussed earlier today, C. P. Ward, Inc. assigned the $163,965 balance of it's $347,220 contract with the City to Sweeping Corporation of America, Inc. This occurred in April of this year with the assistance of Dick Hull in the City Attorney's office. At my request, the City Clerk Is Department performed a search of the minutes to determine if this assignment was ever approved by the Commission. They found nothing to indicate that it was ever discussed. George McKibben and I are of the opinion that this change should be approved by the Commission. As background information, Street Sweeping Corporation of America, Inc. was the mext lowest bidder ($10,275/month) when the contract was awarded to C. P. Ward, Inc. However, when the contract was assigned, they agreed the 'r charge the same price as bid by C. P. Ward, Inc. ($9,645/month). Since April, Street Sweeping Corporation of America, Inc. has performed on this contract and needs to be paid for May, June, and July at this time. I suggest the following: 14 City Manager approval of the assignment and payment for May, June, July, August and September as emergency payment so that the vendor can be paid. 2. Public Works prepare an agenda item authorizing the assignment of this contract to be brought to the Commission at the 9/21 meeting. I- If you have any questions, please feel free to contact me. Approved as suggested above. SetY,y DeptUla, City Manager rarao Kati `ro •iMI Mkirl J a?Ai? lAI T J L? i wmvua t? :.;nL i d WUTO:s ss?i•ez•?nd Clearwater City Commission Agenda Cover Memorandum Item tl Meeting Date: SUBJECT: Upgrades and repairs to water storage tanks. RECOMMENDATION/MOTION: Award a contract to provide miscellaneous repairs and upgrades to four (4) five-million-gallon ground storage (water) tanks for the Public Works Department at a cost of $71,899 from the Crom Corporation of Gainesville, Florida, in accordance with code Sec. 2.564(1)(e), competitive bidding is impractical, ® and that the appropriate officials be authorized to execute some. BACKGROUND: Since the Water Division's four ground storage water tanks have Conrady Consultant Services, an of water storage tanks, was con written report on the condition (4) five-million-gallon prestressed concrete not been inspected for several years, in 1994 engineering firm specializing in the inspection tracted to inspect, photograph and provide a of each tank. Upon receipt of the report, it was turned over to the Cram Corporation, which constructed each of the subject tanks. Crom was asked to review and comment on the reports. They also provided costs to perform the recommended repairs and upgrades they considered appropriate (See attached). Subsequently, Clearwater's consulting engineer, Post, Buckley, Schuh & Jernigan, Inc. was given both Conrady's report and Crom's letter for analysis and a recommendation of how to proceed with the work. Their response, including a recommendation to contract directly with Crom is attached (See Page 3, #9). Proposed repairs are outlined in Crom's attached letter. Work at Reservoirs 2 and 3 is minimal.-minor sandblasting, coating holes and cracks and updating ladders and safety devices. In addition to this type of work, Reservoir 1 requires repair of a leak in the floor/wall joint that requires draining and washing of the tank. The Capital Improvement Project "Systems R & R Capitalized" Number 315--96703, includes sufficient funds for this contract. Reviewed by: LegaL Budget Purchasing Risk Mgmt. Cis ACM other 1 N A NO OA J111111 Submitted by: C1 Originating Dept: Public Works User Dept: Advertised: Date: Paper: ® Not Required Affected Parties ? Notified ® Not Required Costs: S 71.899 Total $ 0 Current Fiscal Yr. Funding Source: ® Capitol Imp. ? Operating ? other Appropriation Code- 315-96703-563800-533-000 Commission Action: ? Approved ? Approved w/conditions ? Denied ? Continued to: Attachments: Letter from Post, Buckley, Schuh & Jernigan, Inc.; Letter from the Crom Corp. Q None KLE,Y. I6 B P ST SCHUH & JERNIGAN, INC. August 7, 1995 10ubIi c VVori:a El eparimc-1'i cop? ................... og i1v ............. . ......... AUG 0 5 1995 Mr. Rich Baier, P.E. City Engineer Engineering Department City of Clearwater P.O. Box 4748 Clearwater, FL 34618-4748 R E, D WC ? MAR Cl AO'H ? 0 ? ? v 4? ? 1D/ ? ? RE: WATER STORAGE TANK REHABILITATION Dear Mr. Baier: ENGINEERING PLANNING We have reviewed the information supplied at our July 10, 1995 meeting where we discussed the structural repairs proposed for your four (4) 5.0 MG Cram water storage tanks. We have also contacted Cron:!, Precon (Crum competitor) and several municipalities where structural repairs to Crom tanks have recently occurred. The following is a summary of our findings and recommendations: The subject reservoirs (potable water storage tanks) were designed and constructed by the Crom Corporation (Cram) of Gainesville, Florida in the mid 1960's and 1970's. Crom has been in the business of constructing tanks _.ince the early 1950's. 2. The reservoir structures are comprised ofcast-in-;)lace concrete walls, prestressed composite concrete and steel walls and cast-in-place concrete roofs. They are considered "specialty" type structures, because their design and constntction requires a high degree of knowledge in the areas of prestress concrete design and mechanics of materials. For example, the tank walls are a unique combination of prestressing wire, reinforcing steel, normal concrete, and shotcrete, all interacting with a continuous steel diaphragm. Another unique aspect of these structures is the special ` waterstop" used at the floor joint wall interface which must be designed to accommodate horizontal loads (shear), vertical loads (weight), as well as, be able to undergo movement (deflection) when subject to changes in water levels, temperature, etc. The waterstop mechanism itself is critical to the structural integrity and long term serviceability of the structure. A deficient tin, Y:ICOMMONICLR WAT>;RIADMINMISIWTRSTOR.rEW 5300 W. CYPRESS STREET. SUITE 300. TAMPA. FLORIDA 33607-1066 • TELEPHONE: E 1131877-7Z75 • FAX: 8131873.0179 -2- waterstop or substandard substrate material (concrete around waterstop) could lead to a sudden loss of structural integrity and thus a major failure. 3. There are several types of waterstops that have been developed by tank designers/contractors with varying degrees of success. Crom has also developed several types ofwaterstops for specific tank applications based upon their years of experience and extensive field testing programs. Their waterstops at one time were considered "proprietary". This element comes into focus because Reservoir Tank No, 1 is in need ofa major joint repair involving the structural integrity of the existing waterstop. 4. After review of the documents provided, -it is our opinion that most of the required action items (repairs and replacements) could impact the structural integrity of the tanks by: drilling holes, chipping of the tanks and repairing concrete, exposing and cleaning reinforcing, adding shotcrete and by installing bolts into concrete to anchor new elements and devices. 5. Because these structures constitute a specialty type design and construction, it is recommended only highly qualified contractors thoroughly familiar with the design aspects (details) of these tanks be permitted to perform the type of repairs now under consideration. Furthermore, because Crom Corporation is in fact the designer/contractor of record, it would be most appropriate to have them perform the work providing their prices are fair and reasonable. In addition, it may be possible to have the tanks "recertified" by Crom (as free of defects) after the repair work is completed or perhaps an extended guarantee on workmanship and materials might be negotiated. Several contractual options appear possible if the City could work directly with the contractor of record (Cram) rather than another concrete repair contractor. The reputation of the Crom Company for quality and reliability with respect to prestressed composite tank construction should be strongly considered (under these circumstances) where the structural integrity of the structures are of paramount importance. 6. We have contacted Precon (competitor, of Crom) as to their interest in bidding on the repair work. Their position is that they do not bid on repair work to their competitor's tanks since each manufacture has somewhat different design details and guarantee provisions. 7. We have contacted several municipalities who have recently contracted directly and exclusively with Crom for repairs or construction of new facilities. The information we obtained is summarized as follows: tm: Y,%COMMONnct.RwATExwnMDWS1wrRSrOK KT-w -3- Pinellas County, Ari Gomez 464-3588 Repairs to 2-5 MG tanks @ U.S. 19 and S.R. 580 water pumping station. A direct purchase order with Crom was no problem since Crom built the tanks, they historically perform good work, and they know what to look for during the repair process. This was enough justification for the County's Purchasing Department. Contract - $30,000. City of Punta Gorda, Ed McCambell, 639-1883 Crom did tank inspection, knew what to do and quoted a fair price. Crom was also available immediately and performed a good job. Contract - $557000. Greater Pine Island Water Association, Inc. Chris Dohme, 8131283-1071 Construction of new 3 MG Cram tank. No bidding, the Association contracted directly with Crom based upon their experience and workmanship record. They performed well and had their own crews with no subcontractors. Contract - $400,000. Siesta Key Utilities Authority, Inc. Art Barrett 8131349-2314 Clarifier repair (Crom tank without top). Contracted directly with Crom since the tank was a Crom tank and their price reasonable. No problem with their Purchasing Department. Contract - $18,000. 8. If the tank repair project were to be bid, very specific bid documents would need to be developed. In order to develop bid documents, a substantial amount of engineering time would need to be spent in identifying, defining and showing on a drawing(s) each repair needed in order to make sure every contractor would be bidding on exactly the same work and to minimize the potential for subsequent change orders to the work. Repair contractors also might likely subcontract to Gram for the majority of the repairs. By bidding the project the City would probably end up paying moro due to the added engineering cost and subcontractor mark-up. 9. Based upon all of the above, we would recommend directly contracting with Cram due to 1) the specialty type design and construction of the tanks 2) the past performance record and reputation of Crom and 3) higher overall project cost to the City due to engineering fees and possible contractor mark-ups of subcontractor costs for a bidding alternative. tm:Y:ICONMIOMCLItWATERV%DMINMIStiWrRSTOIL E-W 5mcerety, 0L Kenneth E. Wilson, P.E. Water and Wastewater Manager cc: Gardner Smith, - Public Works Director Bill Pitcher - PBS&J Structural Jim Bishop - PBS&J Jim Kennedy - PBS&J David Weber - PBSO 60-904.01 t=Y:LCOMMONICLRWA' M' ADUNKMVMtSrORKEW MS1 THE CROM CORPORATION Prestressed Composite Tanks Stephen W. Pavilk, President R. Bruce Simpson KE. Puder James A. NeIf, RE Lars Balck,Jr., P.E. August 30, 1995 Charles S.Hanskat,P.E Samuel O. Sawyer, P.E. f Richard L. Bice, RE, SEP - 5 1995 James D. Copley, P.E. Gerald C. Bevis. RE Thomas R. Hackett City of Clearwater, Water Division P.O. Box 4749 Clearwater, FL 33518 Subject: 5,0 MG Reservoirs 'City of Clearwater, FL Water Division Clearwater, FL Dear Tom: W ? I Epp n x Per your request, we have prepared a revised list of repair items for each reservoir and corresponding quotations for The Crom Corporation to perform the work. The divers report, films and my own inspection of the four tanks were all used as background information in assembling the scope of work below. Reservoir 1 1. Reattach old inlet pipe stand-off brackets to tank wall with stainless steel fasteners. 2. Reattach transfer pipe stand-off brackets to tank wall with stainless steel fasteners, 3. Rebuild hatch curb with bonding epoxy and Thorite. 4. Restring liquid level indicator and install new float guide cables. 5. Rescreen 50" diameter center vent. 6, Fabricate and install new aluminum exterior ladder with safety device. Provide safety cage with lockable gate. 7. Provide and install new fiberglass interior ladder with safety device and stainless steel fasteners. . B. Provide two belts and trolleys for ladder safety devices. TOTAL ITEMS NUMBER 1 THRU 8 ........ . ...................... $8,039 250 S.W. 36TH TERRACE • GAINESVILLE, FLORIDA 32607-2889 • (9041 372-3436 FAX (9041372-6209 Thomas R. Hackett August 30, 1995 City of Clearwater, Water Division Page 2 9. Drain and wash tank interior .............................. $11,000 10. Chip out exposed steel mesh on underside of dome and repair with shotcrete .............................................. $7,100 11. Repair 550 linear feet of floor/wail joint including sub floor grouting....... . ..................................................... $28,500 Reservoir 2 1. Provide and install new fiberglass interior ladder with safety device and stainless steel fasteners. 2. Provide and install new aluminum exterior ladder with safety device. Provide safety cage with lockable gate. TOTAL ITEMS I AND 2 ............ .................... ......... $6,160 3. Chip out exposed steel mesh on underside of dome and repair with shotcrete ............................................... $7,100 Reservoir 3 West 1. Sandblast and epoxy coat access manhole frame and cover. 2. Patch holes on top side of dome. 3. Epoxy inject crack through dome roof. 4. Replace interior ladder hardware with stainless steel. TOTAL ITEMS 1 THRU 4 ....................................... $2,000 Reservoir 3 East 1. Sandblast and epoxy coat access manhole frames and covers. 2. Patch hole on top side of dome. 3. Epoxy inject crack through dome roof. 4. Replace interior ladder hardware with stainless steel. 5. Investigate condition of interior baffle wall. TOTAL ITEMS I THRU 5 ...................................... $2,000 I have made the assumption that the tanks do not need to be cleaned out with exception of reservoir 1. If the city wishes, the other tanks to be cleaned out or cleaning is required for our work, please add $11,000 for each reservoir. Also, we have assumed that the City will disinfect the tanks after The Crom Corporation has completed their work. Cleaning of any reservoir does not include a requirement of hauling sediment off site. Our price includes pumping the contents of the tank onto the ground. The cost for P & P bonds are not included in our quotes. Please add $9.00 per $1,000.00 of contract value for bonds if they are required, I Thomas R. Hackett City of Clearwater, Water Division August 30, 1995 Page 3 Reservoir 1 would be out of service four weeks to complete our work listed above. Reservoirs 2 and 3 would be out of service for a maximum of two weeks each. The items on reservoir 3 are obviously not critical. For reservoir 2, item three is not a critical item. This work could be done at sometime in the future. There is, however, an OSHA safety issue with the current ladders not having safety devices. The current ladders on reservoir 1 are also an OSHA safety issue which should be corrected. While patching the underside of the dome is not a critical item and can be done at sometime in the future, preparing the floor/wall joint is of serious concern to us. We believe it's possible for significant erosion of she sub-grade to cause a catastrophic failure of the floor at sometime in the future. Although there is no certainty as to when that might occur, repair at this point is inexpensive compared to the possible alternative. Rather than do a patch work repair in the several places which are leaking, we quoted epoxy sealing the entire circumference of the tank. Obviously, in order to perform this type of repair, the tank will have to be drained and cleaned thoroughly, Tom, I know,you will have questions about this letter. Please feel free to give us a call at 500-289-2766, or I will be happy to meet with you in Clearwater. Sincerely, THE CROW CORPORATION Samuel O. Sawyer; III, P.E. Project Manag SOSldsz M ,i SUBJECT: Sovereign Submerged Lands Use Agreement with the State of Florida for Force Main Replacement in Clearwater Harbor. RECOMMENDATION/MOTION: Approve Sovereign Submerged Lands Use Agreement with State of Florida, Board of Trustees of the Internal Improvement Trust Fund for Force Main Replacement in Clearwater Harbor. ® and that the appropriate officials be authorized to execute same. BACKGROUND: Engineering Department proposes to replace the existing 201, sanitary force main which crosses Clearwater Harbor from Clearwater Point to Memorial Causeway with a new force main installed using the directional bore method. This is the same method of pipe installation which recently installed four utility mains beneath Clearwater Pass. A portion of the proposed route for the force main replacement between Clearwater'Point and the Memorial Causeway crosses State lands, Permission to place the pipe in this portion of the harbor must be obtained from the State of Florida. The Department of Environmental Protection has granted permission to this installation in the form of the attached Sovereign Submerged Lands Use Agreement. The construction contract will be advertised for bids during the first part of Sept. 1995. Construction is expected to start this fall. Lego1 Originating Dept. ; Costs: no . Engineering ' (Current FY) Budget na User Dept.. Funding Source: Purchasing na no Capt. Imp. Risk Mgmt. no Is na ACM a6 ENG. ' lek OTHER Submitted by: City Manager item A? CLEARWATER CITY COMMISSION 7 Beating Date ?`nl Agenda Cover Memorandum Date: Paper: operating Other riation Codes Commission Action Approved Approved u/conditions Denied Cont'd to ttacnments: Not required no Sovereign submerged Lands Use Affected parties Agreement notified Not requfred no iffagre.agn W 4?,OtEQIOX Lawton Chiles Governor Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399.3000 August 9, 1995 City of Clearwater c/o Me. Gina C. Cashon, P.E. CDM Camp Dresser & McKee Inc. 17757 U.S. 19 North, Suite 200 Clearwater, Florida 34624 Dear Ms. Cashon: BOT Use Agreement No. uA-52--165 SOT File No. 522639653 Grantee: City of Clearwater Virginia B. Wetherell $ecretary ,j Iq I : ! Enclosed are two t:se agreement instruments which require acceptance by notarized signature by Honorable Rita Garvey as the Mayor of the City of Clearwater (two witnesses required). Pursuant to Chapter 695, Florida statutes, the names of the person executing the instrument, the two witnesses, and the notary public must be legibly printed or typewritten directly below that person's signature. If the Mayor has delegated to the City Manager the authority to execute the use agreements instruments, please provide a true and correct copy of the resolution granting such authority. Please execute and return the enclosed instruments within 30 days of the date of receipt of this letter. Upon receipt and acceptance, we will transmit them for final departmental execution and a fully executed copy will be provided to you for your client. Your cooperation and assistance are appreciated. If you have any questions regarding this matter, please feel free to contact me at the letterhead address (directed to Mail Station No. 125) or at 904/498-2297. sincerely, „ Pam Gerard Submerged Lando Section Bureau of Land Management services /pg Enclosures (including 120 Notice) cc: City of Clearwater CERTIFIED RAIL RETURN RECEIPT REQUESTED Department of Environmental Protection "Protect, s:onservc and Manogc 1'101iclu's Envrranrl1cn[ urtd Nuturul Resources" hiwed oil layck4l purer. M i M'% p •_ Tot City of Clearwater Date: August__9, 1995 10 Missouri Avenue, South Clearwater, Florida 34618 SOT File No. 522639653 The Grantee and any other person whose interest may be affected by this decision has the'right to request an administrative hearing pursuant to Chapter 120, Florida Statutes. However, any request must be received by the Department no later than 21 days from the date of receipt of this notification and should be directed to: Office of the General Counsel Department of Environmental Protection Mail Station 35, Twin Towers 2600 Blair Stone Road Tallahassee, Florida 32399--2900. This request for hearing must contain a petition setting forth the factual and legal grounds for contesting this decision. Upon receipt, the petition will be filed by the Department with the Division of Administrative Hearings and notification of all future proceedings will come from that agency. Failure to request?a hearing in a timely manner, and in the manner prescribed, will cause this decision to become final as to any person receiving notice, pursuant to Section 120.68, Florida Statutes, and Rules 9.030(b)(1)(c) and 9.110, Florida Rules of Appellate Procedure. To initiate an appeal of this order once it becomes final, a Notice of Appeal must be filed with the District Court of Appeal within 30 days of the filing of the Final order with the Agency Clerk. A Notice of Appeal filed with the District Court of Appeal must be accompanied by the filing fee specified in Section 35.22(3), Florida Statutes. Submerged Lands.and Environmental Resources Program BOARD OF TRUSTEES OF THE INTERNAL IMIe11OVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGN SUBMERGED LANDS USE AGREEMENT NO. UA-52-165 BOT FILE NO. 522639653 THIS USE AGREEMENT is hereby granted by the Board of Truutoon of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Grantor. WITNESSETH: That for the faithful and timely performance of and compliance with the terms and conditions stated herein, the Grantor does hereby grant to City___of Clearwater, hereinafter referred to as the Grantee, a use agreement on, under and across the sovereign lands, if any, contained in the following legal description; A parcel of submerged land in Section 17, Township 29 South, Range 15 East, in Clearwater Harbor, Pinellas County, a, amore particularly descr bed and shown on Attachment A, dated April _13, 1995. TO HAVE THE USE OF the hereinabove described premises for the period beginning an May 30, 1995, the effective date of this use agreement, and ending an may 30, 2025. The terms and conditions of and for which thin use agreement is granted are as follows: 1. The above described parcel of land shall be used solely for the installation of force main within Easement No. 22588, granted to United Stated o America, Sete? er 28, 1960. Grantee shall not engage in any act v ty except as described In the Division of Environmental Resource Permitting, Exemption No. 522639553 dated January 27, 1995, attached hereto as Attachment 8, and made a part hereof. 2. The consideration for this Agreement shall be an amount as determined by the rule establishing fees for the use provided for herein. Once the rule is adopted, payment shall be remitted to the Grantor according to the rule. The established fee shall be assessed from the effective date of the subject rule. 3. The rights hereby granted shall be subject to any and all prior rights of the United States and any and all prior grants by the Grantor in and to the submerged lands situated within the limits of this Agreement. 4. This Agreement constitutes permissive use only and the placing of facilities and related structures upon public property pursuant to this Agreement shall not operate to create or vest any property right in Grantee and shall not conflict with the conservation, protection and enhancement of said lands. 5. The Grantor, or its duly authorized agent, shall retain the-right to enter the property or to engage in management activities not inconsistent with the use herein provided for and shall retain the right to grant compatible uses of the property to third parties during the term of this Agreement. 6. Grantor, or its duly authorized agent, shall have the right at any time to inspect the works and operations of the Grantee in any matter pertaining to this Agreement. 7. Should a need of greater. public bonefit and use arise an determined by Grantor In its Bolo discretion, the Grantor shall have the right to terminate thin AgreemenL. At such time, the Grantor shall issue written notification to thu Grante-±u atat•ing the offecLivu date of such termination. [45) 8. Any inequities that may subsequently arise an a result of this Agreement shall be subject to negotiation upon written request of either party hereto, and the parties agree to negotiate in good faith. In case of failure by the respective staffe to resolve the conflict(s), the matter shall be referred to the Grantor for final resolution. 9. The Grantee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 10. Grantee waives venue as to any litigation arising from matters relating to this Agreement and any such litigation between Grantor and Grantee shall be initiated and maintained only in Leon County, Florida. 11. This Agreement shall not be assigned or otherwise transferred without prior written consent of the Grantor or its duly authorized agent. Any assignment or other transfer without prior written consent of the Grantor shall be null and void and without legal effect. 12. The Grantoo, by acceptance of this Agreement, binds itself, its successore and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Grantee, its succesuors and assigns. In the event the Grantee fails or refuses to comply with the provisions and conditions herein set forth or in the event the Grantee violates any of the provisions and conditions herein, this Agreement may be terminated by the Grantor upon 30 days written notice to Grantee, and Grantee shall immediately remove all equipment and structures erected on the property herein at Grantee's expense. All costs, including attorneys' fees, incurred by the Grantor to enforce this provision shall be paid by the Grantee. All notices required to be given to Grantee by this Agreement or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address: City of Clearwater 10 Missouri Avenue, South Clearwater, Florida 34618 The Grantee agrees to notify the Grantor by certified mail of any changes to this address at least ten (10) days before the change is effective. 13. The Granters shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this Agreement which result from the existence of this Agreement or the activities of Grantee hereunder. 14. Renewal of this Agreement is at the sole option of the Grantor. Such renewal shall be subject to the terms, conditions and provisions of current management standards and applicable laws, rules and regulations in affect at that time. In the event that Grantee is in full compliance with the terms of this Agreement, the Grantee shall be` allowed a 30--day grace period after expiration of this Agreement to apply in writing for a renewal. If the Grantee fails to apply for a renewal within the grace period, or in the event the Grantor does not grant a renewal, the Grantee shall vacate the premises and remove all structures and equipment occupying and erected thereon at its expense. 15. If the Grantee does not remove said structures and equipment occupying and erected upon the premises after expiration or cancellation of this Agreement, such structures and equipment will be deemed forfeited to the Grantor, and the Grantor may authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Grantee at the address specified in Paragraph 12 or at such address on record as provided to the Grantor by the Grantee. However, such remedy shall be in addition to all other remedies available to Grantor under applicable laws, rules and regulations including the right to compel removal of all structures and the right to impose administrative fines. 16. No failure, or successive failures, on the part of the Grantor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Grantor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 17. This Agreement is the entire and only aigreemesiL buLwuon the parties. Its provisions are not severable. Any amendment or modifi.caLion to this Agreement must be in writing and must be accepted, acknowledged and executed by the Grantee and Grantor. Page 2 of 10 Pages Use Agreement No. UA-52-165 1:f . 18. No additional structures and/or activition including dredging, relocation/realignment or major repairs or renovations to authorized structures, shall be erected or conducted on or over sovereignty, submerged lands without prior written consent from the Grantor, with the exception of emergency repairs. Unless specifically authorized in writing by the Grantor, such activities or structures shall be considered unauthorized and a violation of Chapter 2530 Florida Statutes, and shall sub3ect the Grantee to administrative fines under Chapter 18-14, Florida Administrative code. If. emergency repaire should have to be undertaken in the interests of public health, safety or welfare, tho Grantee shall notify the Grantor of such repairs as quickly as is practicable provided, however, that such emergency activities shall not exceed the activities authorized by this agreement. Rage 3 of 10 pages Use Agreement No. UA--52-165 WITNESSES: original S gnature Typed/Printed Name of Witness Or g nal Signature Type Pr me Name o w tneas STATE OF FLORIDA COUNTY OF LEON BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE ESTATE OF FLORIDA (SEAL) BY Carolyn Thompson, Senior Management Analyst II, Bureau of Land Management services, Division of State Lands, Agent for the Board of Trustees of the Internal Improvement Trust Fund "GRANTOR" The foregoing instrument was acknowledged before me this day of , 19 , by Carolyn Thompson, Senior Management Analyst Ii, who is persona y known to me. APPROVED AS TO FORM AND LEGALITY: DEP Attorney Notary Public, State o Florida Printed, Type or Stamps Name My Commission Expires: commission/serial No. WITNESSES; original Signature Typed Pr rated Name of Witness Original Signature Typed Pr nted Name of Witness STATE OF COUNTY OF City of Clearwater Grantee SEAL BY original Signature of Executing Authority Typed/Printed Name of Executing Authority Title of Executing Authority "GRANTEE" The foregoing instrument was acknowledged before me this day of 19 , by as , for and on behalf of the C ty_of Clearwater. He/she Is persona y known to me ar who has produced , as identification. My Commission Expires: Commission/Serial No. Page 4 of 10 Pages Use Agreement No. UA--52-165 Notary Public, State of Printed, Typed or Stamped Name ,e f`,r I ti. r, IDS 17 an Scale 1'=2,000' , • r- PS 2 ISLAND ESTATES PS / t Q •?- CROSSING SHEET-,%-.5.9 SOUTHBEACH,PS BPS 14r annum Project Location Lat 27"58100' Long 82'48'30' L:J Adjacent Property Ownora 166 ? 1 gJCL ,P? f / , L i?a gF. t r , r- i r 20 ? c r.?. , ? RosSING I ! 6 a SHEETS Z.a + 2 oa .. _ } BAYFRONT PS , •?- _ PS-1 1.61 -, Iq'-' C rn•-:3 Datum: NGVD 1929 ?/ - ?• 0 Q _ Map Source: City of Clearwater ?• j __ _? ' Atlas Shasta L _ D 441 7. :LJ' 1 r ,c- r r '? 1 L J_?? C m l /SAND KEY PS,. ?? s P S 45 PREPARED BYi CAMP DRESSER & MCKEE, INC. 19345 US 19 N, SUITE 300 CLEARWATER. FLORIDA 34624 1 GINA C. CASHON, P.E. FLORIDA CERTIFICATE NO. 43891 DATE: z ZW PROPOSED CROSSING CLEARWATER HARBOR PWELLAS COUNTY, FLORIDA (WITHIN CITY LIMITS OF CLEARWA: APPLICATION BY: CITY OF CLEARWATER 10 MISSOURI AVE. S. CLEARWATER, FLORIDA 34618 SHEET I OF Attachment A Page 5 of 10 Pages Use Agreement No. UAL-165 THIS IS NOT A SURVEY. SHEET I OF 2 Job No. 94-135 SCALE: 1` 100' PINELLAS COUNfY, FLORIDA. SECTION17 TOWNSHIP29. SOUTH, RANGE 15 EAST 'There may be additional rasirictions allecllny Ihls fir uperIy 11101 may be found In the Public Record al Ihl$ counly. The goomelry shorn for the Sale Uplund Line Is based upon an uclual 1101d survey perfar"iud by Seminole Engineering. Inc. on April 11, 1995. The Soto Upland [.Ina Elevation at 1 D' was provided by Slrn S?nllh of the Florida Deporlmenl of Envlromenlol Prolocilon, Upiteau at Survey and Mapping, un April 10. 1995. Elevations are based upon Nallonal+ Geadotic Vertical Opium 1929, Mean Soo Level r 0 DO' LEGAL DESCRIPTION: A 30 FOOT UTILITY EASEMENT A TRACT OF LAND LYING IN SECTION 17, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, ALSO LYING IN CLEARWATER IIARBOR, PINELLAS COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE WESTERLY CORNER OF CONDOMINIUM UNITS OF CLEARWATER POINT N0. 4, AS RECORDED IN CONDOMINIUM PLAT BOOK 7, PAGE 2, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S37°58'45"E, ALONG THE SOUTHWESTERLY BOUNDARY LINE OF SAID CONDOMINIUM UNITS OF CLEARWATER POINT NO. 4, FOR 152.94 FEET TO THE POINT OF INTERSECTION WITH THE SOUTHEASTERLY BOUNDARY LINE OF SAID CONDOMINIUM UNITS OF CLEARWATER NO, 4; THENCE N52001'15"E, (BEING THE BASIS OF BEARINGS FOR THIS DESCRIPTION), ALONG SAID SOUTHEASTERLY BOUNDARY LINE AND THE NORTHESTERLY EXTENSION OF SAID SOUTHEASTERLY BOUNDARY LINE, (SAME BEING A NORTHWESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 8777, PAGES 2139-2148, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA), FOR 313.08 FEET TO THE POINT OF INTERSECTION WITH A SAFE UPLAND LINE ELEVATION AND TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG THE NORTHEASTERLY EXTENSION OF SAID SOUTHEASTERLY BOUNDARY LINE, N52001'15"E, FOR 78.96 FEET TO THE POINT OF INTERSECTION WITH A WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 1028, PAGES 93-97, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE CONTINUE ALONG THE NORTHEASTERLY EXTENSION OF SAID SOUTHEASTERLY BOUNDARY LINE, N52001115"E, FOR 305.18 FEET TO THE POINT OF INTERSECTION WITH AN EASTERLY BOUNDARY LINE OF SAID CERTAIN PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 1028, PAGES 93-97, SAME BEING A WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 1408, PAGES 504-505, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S05029'30"E, ALONG SAID EASTERLY BOUNDARY LINE OF OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 1028, PAGES 93-97, SAME BEING SAID WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 1408, PAGES 504-505, FOR 36.40 FEET TO THE POINT OF INTERSECTION WITH A LINE 30 FEET SOUTHEASTERLY OF AND PARALLEL WITH SAID NORTHEASTERLY EXTENSION OF THE SOUTHEASTERLY BOUNDARY LINE; THENCE S52°01'15"W, ALONG SAID LINE 30 FEET SOUTHEASTERLY OF AND PARALLEL WITH THE NORTHEASTERLY EXTENSION OF THE SOUTHEASTERLY BOUNDARY LINE, FOR 334.97 FEET TO THE POINT OF INTERSECTION WITH SAID WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 1028, PAGES 93-97; THENCE CONTINUE, ALONG SAID LINE 30 FEET SOUTHEASTERLY OF AND PARALLEL WITH THE NORTHEASTERLY EXTENSION OF THE SOUTHEASTERLY BOUNDARY LINE, S52001'15"W, FOR 31.76 FEET TO THE POINT OF INTERSECTION WITH SAID SAFE UPLAND LINE; THENCE ALONG SAID SAFE UPLAND LINE THE FOLLOWING THREE (3) COURSES: (1) THENCE N21007'09"W, FOR 9.72 FEET; (2) THENCE N34°46'25"W, FOR 11.04 FEET; (3) THENCE N39023'50"W, FOR 9.69 FEET TO THE POINT OF BEGINNING. CONTAINING 0.258 ACRES OR 11,231 SQUARE FEET MORE OR LESS, Attachment A Page 6 of 10 Pages Use Agreement No. UA--52. 165 SEE SHEET 2 OF 2 FOR SKE101 DATE CALL. DRAWN CHECK I TEM BEING A DESCRIPTION OF: 30 FOOT UTILITY EASEMENT 11/21/94 DWVMD DVIMO DwmD LEGAL 04/13/95 mml) um) DAVID RFVI SED LEGAL Legul not valid unloss slg"ed and ombosaod with Surveyor's soul. I is areby cerlify that the above legal mools Ilia minimum technical SEhIINULE slandards as sot lorlh by t Florida Board of Professional Land ENGINEERING , INC. Surveyors in Chapter 61(317- F rldo Aminlstrotive Code, pursuant rt ca???n?9•oo?[ to Section 472.027 Florida ulu es. 114e3 Umi SINEET IIINTH CUMIJAIER rL. 34 ('20 rLk+rcNS ROBERT C. W1 11141T JR. PROF SS I ONAL LAND SURVEYOR 04965 STATE OF FLORIDA. TH I S I S NOT A SURVEY . SHEET 2 OF 2 Jab No. _ 94- 135 SCALE: 1" 100' _ PINELLAS COUNTY, FLORIDA. SECTION-17 TOWNSHIP 29 SOUTH, RANGE I6 EAST There may be additional restrictions alfectirtg Ibis prcparly Ihot may be found In the Public Record of this county. This sheich was prepared without the benefit of a 11110 policy. The geometry shown for Cite Sale Upland Lino is based upon an actual field survey perlormod by Seminolo Engineering, Inc. on April 11, 1995, rho Safe Upland Line Elevallon of I.a' was prevfdod by Sim Smith at the Florida Department of Envirornenlal Protection, Bureau of Survey and Mapping, on April 10, 1995. Elevations are based upon National Geodetic Vortical Daltlm 1929, Moan Son Level • 0 00'. L3 L2 Ll 1 NOT TO SCALE CONDOMINIUM UNITS OF CLEARWATER POINT NO. 4 CPB 7, PG 2 {d ,n J ' TI g { 141) ?.h / asz FC'o 3a! a _ I ro ? N OR 1028. PGS 93-97 r P? POC 711E KSTERLY CORNER OF CONDOMINIUM UNITS OF `•?? ,?0 ?'`??1 CLEAMA7ER POINT NO. 4 CPO 7, PG 2 ell,ti b?• ?1' f YJ, NORTIIN'ESIERLY BOUNDARY LINE OF on 6171, PGS 2139-2140 SOUTIMESTERLY BOUNDARY LINE OF CONDOMINIUM UNITS OF CLEARWATER POINT 00. 4 CPO 7. PO 2 SOU111EASTERLY BOUNDARY LINE OF CONDOMINIUM UNITS OF CLEARWATE11POINT NO. 4 CPO 7, PO 2 CLEARWATER HARBOR LINE DIRECTION DISTANCE LI N21e07 08 W 9.72 1-2 N34046 25 W 11.04 L3 N39023 50 W 9.69 Q Denotes Cenlerflne A/W Denolas Right-al way RAD. Dsnol4s Radial line D.R. Denalee 0111cial Record Oool, PG.(elDenoles Page (e) C.P.B.Denoles Condominium Prot baDh I DsnolesPlus or minus M.0 L.Denoles More or less PAR. Donates Parcel Number rt w? °g Ntq O sn 0 r tn a. m Or 0 / / h ? 4V Add' Attachment A Page 7 of 10 Pages Use Agreement No. UA-52-1 SEE SHEET I OF 2 FOR LEGAL In) Denotes polo par fiecordad Inslrumenl (P) Donales Data per Plal (C) Denotes Calculated Data ID) Denolss Data per Deed SEC. Denalee Socilan TWP. Denalee Townehlp RUG. Denotes Range 11.0.0 Donal@$ Point of Deglnning P.O.C.Denalol Pohl of CaurnancemanY XX' Denalee Degree XX' Denalee Minutes wills bearing XX` Denolee Second wilts bearlag XX' Donates Feel wllh dlslanaes N Denotes North S Denotes 5041h 1 penolss EOeI W Donates Wasl AC. Denales Acres DATE CALL. DRAWN CHECK 1 TEM BEING A SKETCH OF: 30 FOOT UTILITY EASEMENT 11/21/94 DWM) DWMD DWMD SKETCH 04/12/95 DWM) DWMD DWMD DEVISED SKETCH Skelch not valid unloss signed and embossed wllh Surveyor's seal. I Isuraby col l l ly Ihal Ilia above skolch meelc Ihu nsillIMUns technical A[\ENGINEERING SEMINULE aIandordo as 1-40 forth by Ilse Florida Board of I'ralesslanol Land INC. Surveyors In (:I+Uplef 61617.6 ):- ?i ldu Aniln Irol lve Code, pursuonl d...r.o,,,-o_„e,c to Section ??2.0,1'torlda alc IPO?s AN 14467 6rnd SIRCET IMIII CLCARVATER FL. 94620 110B;RT C, WRIGIIT NORTH 31Z761r15,w .V . PROFESSIONAL LAND SURVEYOR #4965 STATE OF FLORIDA. Fl.UR A Lawton chiles Governor January 27, 1995 City of Clearwater Camp Dresser & McKee, Inc. 19345 U.S. 19 North, Ste. 300 Clearwater, FL 34524 Dear Sirs: File No. 522639653 Virginia B. Wetherell Secretory This is to acknowledge receipt of your application, File No. 522639653, on December 22, 1994, for a permit to construct two subaqueous sewer force main crossings via directional drilling, with no dredging or filling in surface waters or wetlands of the state on the Clearwater Harbor at Sections 8 & 16, Township 29 S, Range 15 E, in Clearwater, Pinellas County. At this time no permit is required by this department for your project. Any modifications in your plans should be submitted for review, as changes might result in permits being required. This letter does not relieve you from the need to obtain any other permits (local, state or federal.) which might be required. The construction project described above, and as shown on all application material, does not require a dredge and fill permit from DEP since none of the proposed activity is within waters of the state as described in Chapters 403 & 373, Florida Statutes and Rule 62-312.030, Florida Administrative Code. A person whose substantial interests are affected by the Department's proposed decision may petition for an administrative proceeding (hearing) under Section 120.57 of the Florida Statues. The petition must contain the information set forth below and must be filed (received) in the office of General, Counsel of the Department at 2500 Blair Stone Road, Tallahassee, Florida 32399-2400. Petitions filed by the permit applicant and the parties listed below must be filed within fourteen days of receipt of this intent. Petitions tiled by other persons must be filed within fourteen days of publication of the public notice or within fourteen days of their receipt of this intent, whichever first occurs. (The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of "Ptocr:C;, Con-ervr: C:td iArnr -:,, Flornlrt ; Ettvnornmm w) Honiti) Re-ow.cv., Printed an rerydcd paper. Attacliment B Page 8 of 14 Pages Department of Environmental Protection Use Agreement No. UA--52-115 Page Two City of Clearwater filing.) Failure to file a petition within this time period shall constitute a waiver of any right that such a person may have to request an administrative determination (hearing) under section 120.57 of the Florida Statutes. The Petition shall contain the following information: (a) The name, address, and telephone number of each petitioner, the applicant's name and address, the Department file number, and the county in which the proposed project would be located; (b) A statement of how and when each petitioner received notice of the Department's action or proposed action; (c) A statement of how each petitioner's substantial interests are affected by the Department's action or proposed action; (d) A statement of the material facts disputed by the petitioner, if any; (e) A statement of facts that the petitioner contends warrant reversal or modification of the Department's action or proposed action; (f) A statement of which rules or statutes petitioner contends require reversal or modification of the Department's action or proposed action; and (g) A statement of the relief sought by petitioner, stating precisely the action that the petitioner wants the Department to take with respect to the Department's action or proposed action. If a petition is filed, the administrative hearing process is designed to formulate agency action. Accordingly, the department's final action may be different from the position taken by it in this notice, Persons whose substantial interests will be affected by any decision of the Department with regard to the application have the right to petition to become a party to the proceeding. The petition must conform to the requirements specified above and be filed (received) within fourteen days of receipt of this notice in the Office of General Counsel at the Department's address set forth above. Failure to petition within the allowed time frame constitutes a waiver of any right that such a person has to request a hearing under section 120.57 of the Florida Statutes and to participate as a party to this Attachment B Page 9 of 10 pages Use Agreement No, UA-52-165 I + I'll Page Three City of Clearwater Proceeding, Any later intervention will only be at the approval of the presiding officer on motion filed under rule 28--5.207, F.A.C. If you have any questions, please contact Ken Huntington (Ext. 330) of this office. When referring to this project, please use the file number listed above. sincerely, Bob Stetler Environmental Administrator Submerged Lands and Environmental Resources Program RS/ er cc:' Corps of Engineers t 1 ' i Attacltment B Page 10 of 10 Pages Use Agreement No. UA-55 TO: Mayor and Commissioners 3 CITY OF CLEARWATER Interdepartment Correspondence Sheet THROUGH: Elizabeth M. Deptula, City Manager FROM: Richard J. Baler, City Engineer , COPIES: Kathy S. Rice, Deputy City Manager William C. Baker, Assistant City Manager Terry Jennings, Chief Engineer SUBJECT: Cost Estimate for Force Main Replacement in Clearwater Harbor DATE: September 19, 1995 During the Clearwater City Commission Worksession held on September 18, 1995, Commissioner J.B. Johnson inquired as to the cost for the construction of the referenced project. The question came up while the agenda item for the Sovereign Submerged Lands Use Agreement with the State of Florida was reviewed. This project, known as the Clearwater Harbor Directional Drill Force Main and Gas Main Installation # (95-22), has a probable construction cost of $2.1 million. This cost estimate was prepared by Camp Dresser & McKee Inc., our consulting engineer on this project. Please call me at 6042 if you have any additional questions. co.t..t.a•i f I 1. DATE AGEN*DA M / / TEM 4 ? n ? Clearwater City Commission Agenda Cover Memorandum Item 0 Meeting Date:_ "-? R .a?. 157 SUBJECT: Proposed Land Development Code Amendment - Parking Garages. (LDCA 95-19) RECOMMENDATION/MOTION: Receive Land Development Code Amendment creating parking garage regulations and refer the ordinance to the City Clerk for advertising for public hearings. ? and that the appropriate officials be authorized to execute some. BACKGROUND: The attached ordinance establishes parking garage regulations to regulate garage setbacks, landscaping and design. This ordinance will need to be reviewed by the Planning and Zoning and Development Code Adjustment Boards. Reviewed by: originating Dept: Costs: S NIA Coumission Action: Legal „_ ' CENTRAL PERMITTING Total ? Approved Budget N/A Purchasing N/A ; ? Approved w/conditions __ Risk Mgmt. H/A ?. User Dept: Current Fiscal Yr. 13 Denied CIS N/A ? Continued to: ACM Funding source: CRA (3 Capital imp. Advertised: ? Operating Attachments: Date: ? Other DRAFT ORDINANCE ? 71A Paper. ® Not Required Submitted by: Affected Parties ? Notified Appropriation Code: 0 None Cit?a er ® Nat Required 0 Printed on recycled paper QRDINANCE NO, AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; CREATING DIVISION 14 OF CILAPTER 41, CODE OF ORDINANCES, TO ESTABLISH DEVELOPMENT STANDARDS FOR PARKING GARAGES; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Chapter 41, Code of Ordinances, is amended by the creation of Division 14, consisting of Sections 41,251 through 41.252, inclusive, to read: DIVISION 14. PARKING GARAGES. Sec. 41.251, Definitions. The following words, terms, and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: "Automatic ticket dispensing entry" shall mean an entry into a parking garage controlled by a machine dispensing tickets for garage use. "Free flow entry" shall mean an entry into a parking garage without controls, such as attendants, or automatic or manual ticket dispensing controls. "Manual ticket dispensing entry " shall mean an entry into a parking garage controlled by a person manually dispensing tickets for garage use. "Parking garage" shall mean an above ground or below ground multi-level parking structure. "Pedestrian-oriented zoning district" shall mean the resort commercial districts on Clearwater beach, the beach commercial district, the North Greenwood commercial district, and the Bayfront, Core and Eastern Corridor subdistricts of the urban center district, "Piggybacking" shall mean a parking stall design in which one vehicle parks behind another from a single travel aisle access point. "Robotic parking garage" shall mean a parking garage that utilizes a mechanical process to maneuver or store vehicles. "Valet parking garage" shall mean a parking garage where each vehicle is parked by an attendant. Sec. 41.252, Dimensional and numerical development requirements for parking garages. The following dimensional and numerical requirements shall apply to the development of parking garages: (1) Minimum setbacks. Parking garages shall have the following minimum setbacks: (a) From a street right-of-way: 1. For parking garages located in pedestrian-oriented zoning districts, the minimum setback from a street right-of-way shall be 10 feet if the street is classified as an arterial or collector street on the thoroughfare plan, and five feet if the street is otherwise classified on the thoroughfare plan unless a lesser distance is specified or required by the applicable design guidelines. 2. For parking garages not located in pedestrian-oriented zoning districts, the minimum setback from a street right-of-way shall be the same as for other structures in the zoning district in which the parking garage is located. (b) From side and rear property lines: The minimum setback from side and rear property lines shall be the same as for other structures in the zoning district in which the parking garage is located. (2) Maximum height. The maximum height for parking garages shall be the same as for other structures in the zoning district in which the parking garage is located. (3) Minimum open space: None. (4) Maximum floor area ratio: None. (5) Maximum building coverage: None. (6) Minimum parking stall dimensions: As specified in section 42.34(4), design standards. (7) Minimum travel aisle width: As specified in section 42.34(4), design standards. (8) Minimum vehicle storage requirements at entry points: (a) For free flow entries: One space per entry lane. (b) For automatic ticket dispensing entries: Two spaces per entry lane. (c) For manual ticket dispensing entries: Eight spaces per entry lane. (d) For robotic or valet parking garages: 10 per cent of that portion of the parking garage parking capacity served by the entry lane, or as otherwise specified by the city engineer. (e) The above minimum requirements may be increased at the discretion of the city engineer in cases where they are judged inadequate to permit queuing in accordance with site-specific traffic safety conditions; in these cases, the most current Florida Department of Transportation standard design for right turn lanes may be used as the standard of reference. (9) Minimum landscaping requirements: (a) Perimeter landscape standards. The perimeter landscape standards of section 42.27(3) shall be met unless exempted by the applicable design guidelines. (b) Interior landscape standards: None. (c) Other landscape standards. All other landscape standards of section 42.27 shall be met unless exempted by the applicable design guidelines, (10) Ground floor commercial or office component. For parking garages located in pedestrian-oriented zoning districts, not less than 50 per cent of the linear width of the parking garage as measured along any abutting street right-of-way (on the ground floor level only) shall be devoted to permitted or conditional uses in the applicable zoning district that contribute to 2 ¦VV pedestrian interest, such as indoor retail sales, restaurants, nightclubs, taverns and bars, offices of commerce, government offices, convention centers, hotel/motels, or other uses determined by the development code administrator to contribute to pedestrian interest in the spirit of this code. Such floor area shall not be used in computing the total floor area allowed for the property on which the parking garage is located. (11) Piggybacking. Piggybacking shall be permitted only in valet parking garages. Piggybacking shall not be permitted to be used for required parking unless a separate design is submitted showing how the garage could be converted to meet the parking requirements with a standard (i.e., nonpiggybacked) parking space arrangement in the event the valet parking is discontinued. This requirement may be waived for parking garages controlled by perpetual agreements between the city and the property owner to provide valet parking that allow for liens against the properties in the event the valet parking is discontinued; such agreements shall be contingent upon approval of the city engineer and the city attorney. (12) Parking garage and site access. Parking garage and site design shall not preclude or impede the provision of emergency vehicle service and reasonably-anticipated vehicle loading. SectiQn 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan, 5mtion-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 sufficiency: Attest: Pamela Akin City Attorney Cynthia E. Goudeau City Clerk 3 4I CLEARWATER CITY COMMISSION '3 Item N Jl- Agenda Cover Memorandum y - sr? II A? o Meeting Date: .g?---1 t95 SUBJECT: OCTOBER 24, 1995 SPECIAL ELECTION CANVASSING BOARD RECOMMENDATION/MOTION: Appoint Commissioner Justice to represent the Commission as the Canvassing Board 0 and that the appropriate officials be authorized to execute same. BACKGROUND: Section 101.5612 Florida Statute provides for the testing of the tabulating equipment to ascertain if the equipment will correctly count the votes cast. It further provides that the Canvassi Board shall convene at this time or the Board may appoint one of its members to represent it. The test is open to the press, and public. The test is conducted by processing a pre-audited group of ballots so punched as to record a pre-determined number of valid votes for each question. The test is repeated on election day before the start of the count of the ballots and again immediately after the completion of the count of the ballots. The test will be conducted at the Election Service Center, 14255 49th Street N, Buiding 2, Suite A, Clearwater. The times and dates set for the tests are: Wednesday, October 18, 1995 Tuesday, October 24, 1995 Tuesday, October 24, 1995 Reviewed by: e_egaJ NA Budget NA Purchasing NA Risk Mgmt. NA DIS ACM Other NA Submitted by: ?14)v- City Manager Originating Dept: CITY CLERK 4 User Dept.: Advertised: Date: Paper. iZ Not required Affected parties ? Notified ® Not required 8:30 a.m. 6:3Op. m. after ballot tabulation Costs: 0 Total 0 Current FY Funding Source: ? Capt. Imp. ? Operating ? Other Appropriation Code: Commission Action: ? Approved ? Approved wlconditions ? Denied ? Continued to: Attachments: ® None V'' clK FOR COMMISSION MEETING --September 21_,_1995 APPOINTMENTS Agenda BOARD: Clearwater Housing Authority TERM: 4 years APPOINTED BY: Mayor, Approved by City Comm. FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater MEMBERS: 5 CHAIRPERSON(S): Howard G. Groth MEETING DATES: 4th Thursday PLACE: Robert H. Levison Community Center APPTS. NEEDED: 1 DATE APPTS, TO BE MADE: 9121195 SPECIAL QUALIFICATIONS: One member must be a Public Housing Resident (effective 1011184) THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER BFAPPONTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. Date of Original Attendance Interest in NaMfl/Address Appointment _RmaId reappointmeni {Cont. from 917195) 1. Ernest Carson 1977 past 12 mtgs YES current term expires 9126195 present all THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO . FILL THE ABOVE VACANCIES: 1. William Graham 1564 Scott St., 34615 2. Aseelah Harris 1835 Chateau Dr.W.,34616 3. Shirley Moran 324 Leeward Island, 34630 4. Jill Perrino 2 N. Fernwood, #8, 34625 5. Curlee Rivers 1341 Fairmont St., 34615 Reverend, Private Pilot, Member NAHAB Employed w/Ervin's All American Youth Club Member NAHAB Self-employed Writer Teacher CITY OF CLEARWATER Application for Advisory Boards (must be Clearwater r sid n ) Name 7 rrU /9 yr Re=41 Home Address: Office Address: aG 36 /grew On C7 elearctlajer ZIP: 3 -V6,21 ZIP: Telephone 7& 6" //,5"6 Telephone 3 41 4 5 3 How Long a r i n of the City of Clearwater? Occupation Employer Field of Education: Other Work Experience: If retired, former occupation _ 1001/Ge 07;C,1'CCr Community Activites: Other Interests: Board Service (current and past) Board Preference: C /Ga.rwrt??r /?+`? ysi n ?1v7?h Additional Comments: Signed: Date: q/a r ys Please see attached list for Boards that require Financial Disclosure. PLEASE RETURN THIS FORM TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 34618 11 RESOLUTION] NO. 95-75 3 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO A BEACH ACCESS AND PUBLIC PARKING ON SAND KEY FOR THE BEACH RESTORATION PROJECT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the government of Pinellas County is currently administering a beach renourishment Improvement project on Sand Key in Clearwater, and WHEREAS, the project seeks funding from the Florida State Department of Environmental Protection by way of the Florida Beach Erosion Assistance Program, and WHEREAS, a necessary requirement for funding is the provision of public access and public parking for those citizens who wish to enjoy the results of the improvements, and WHEREAS, the City of Clearwater has been a proponent and sponsor of the Sand Key beach improvements since the project's inception, and WHEREAS, the Florida Department of Env€ronmental Protection now requests that the City of Clearwater reaffirm its commitment relative to public access and parking by the adoption of a resolution declaring the same; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the City of Clearwater is committed to maintaining the existing public access easement located astride the property line between Ultimar Three Condominiums at 1560 Gulf Boulevard and The Cabana Club Condominiums at 1582 Gulf Boulevard. Section 2. That the City of Clearwater will, on or before the completion of the beach erosion control project Known as Sand Key Phase IV, construct a 75 space parking facility on the 3.8 acre site acquired for that purpose located at 1551 Gulf Boulevard in Clearwater. Section 3. That this resolution shall be forwarded to Pinellas County for inclusion in the application to the Department of Environmental Protection. Section 4. That this resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of September, 1995. Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk f I .. ' 7 I Rte= ?. MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Pamela K. Akin _ City Attorney RE: City Attorney Contract DATE: September 15, 1995 i As you may recall, my contract with the city requires that I move into Clearwater within one year. My townhouse in Tampa is on the market but 1 have not as yet been able•to sell it. I am requesting an extension of six months to the requirement that I move within city limits. Thank you for your consideration. PKAIdt r J 1 W U 0 C .rl a n o n *-b G c r. G Q V G!.? ? b Er ax as •"," "C s., o 0 F+ X •? z CIS a •C: -? PC 00 L6 PCs PC •E U L3, Q+ as ao '? ac by Q a? 4ai ? ?, n=i &. cia o 3: I ?. a :? U 1y?f ? ? l ¦ I.> . IN F s?? 19m SEP-21-199S 10:47 FROM CLEARWnTER Q-TY MGR.OFF. TO YvIEMORAMVM i a TO: FROM COP>E5: SUBJECT: DATE: GnRVEY P.01/e1 Re= y5 Mayor and City Commissioners Kathy S. Rine, Deputy City Manaterl?gp Betty Deptula, City Manager Michael L aursen, Human Resources Director City/Union'Meeting This Morning Concerning Pension September 21, 1995 City staff met this morning with Van Horton and other IAFF members. In line with your direction, we offered to make "Paramedic" a position. They refused to accept this because they said that they now wanted the "Drivers" to be a position also. The reason then firefighters wanted "Paramedics" to be a position was because of the pension, saying they did not want employees to lose 15 % of pay. Drivers rive 5% assignment pay. We have many other employees in the City, including both Police and CWA, who also receive 5% assignment pay. The City has not gone back to theso Unions nor would we recommend going back to them since they have supported the City's position the entire time. It is my undexsmnding that the IAFF believes that you as City Commissioners, since you offered paramedic pay, will also offer the driver/operator pay. I strongly* recommend against this. if you have questions, please call me individually or I can talk to you about this issue at tonight's meeting. '' TOTAL P.01 TO: FROM: e q5 r 1 ' MEMORANDUM COPIES To,, COMMISSION SEP 0 6 1995 The City Commission Pi;Ess CLERK I ATTORNEY Betty Deptula, City Manager COPEES: Cyndie Goudeau, City Clerk, Deborah Vincent, Jazz Holiday Vice-Chair SUBJECT: Jazz Holiday DATE: September 6, 1995 I have received the attached letter from Deborah Vincent, ice-Chair of the Clearwater Jazz Holiday concerning the placement of an EMS unit at the bandshell in Coachman Park during the event. Due to the growing popularity of the event, I agree with the need for EMS coverage on site. The 00 cost ociated with the event was not included in the preliminary budget for in- kind c on, but I think it is appropriate to waive the fee in light of our support for Jazz Holiday. J will be adding this item for discussion on the September 21 agenda for City Commission approval. attachment 1 i= is L(D'VeR) r -? CLEARUJATER /2 H a L I D A 'YIVEL s F? t: 1995 C;I "i Y MANAGER August 31, 1995 Ms. Elizabeth Deptula, City Manager City of Clearwater P.O. Box 4748 Clearwater, FL 34618 Dear Betty:. The Clearwater Jazz Holiday would be most appreciative if you would permit the placement of an EMS-unit at the bandshell in Coachman Park during the following dates and times of the Jazz Holiday: Thursday, October 19th 6-10 P.M. Friday, October 20th 6-10 P.M. Saturday,. October 21st 7--11 P.M. Sunday, October 22nd 7-11 P.M. These hours represents the times when the most people will be in the Park listening to the headlining acts. The estimated cost for the unit is $50,hour @ 16 hours or $800. Jazz Holiday would be most appreciative if this fee could be waived. As always, thank you for your assistance and in particular that of Ream Wilson's whose ongoing support and hard work makes our jobs a lot easier. If you would like to discuss this with me further, please feel free to give me a call at @461-5777. Sincerely, Deborah Vincent Vice-Chair cc: Ream Wilson Dale Kleine, Chairperson Clearwater Jazz Holiday Foundation, Inc. P.O. Box 7278 ? Clearwater, FL 34618-7278 Prw.wa OW cnxrw.o br u» C--WW Csootwowr crw"W of ca?YrWCA 1079.1009 S ?i 0"" , PRELIMINARY AGENDA Clearwater City Commission Worksession - Monday, September 18, 1995 - 9:00 a.m. Clearwater City Commission Meeting - 6:00 P.M. - Thursday, September 21, 1995 Service Awards CRT COMMUNITY RESPONSE TEAM 1. Renew lease with Albert L. and Linda M. Guy for property located at 1000 Vine Ave., Jurgen's Addition to Clearwater, Slk E, part Lot 10, used for CRT N. Greenwood Neighborhood Office, for the period 10/1195-9/30196, with 1 one-year term option, for $4,800 (Consent) FN FINANCE 1. (Cont. from 9/7/95) Public Hearing - Res. #95-61 - authorizing placement of liens on properties for unpaid utility bills (FN) GAS GAS SYSTEM 1. Amend existing contract with legal firm of Akerman, Senterfitt & Edison, Orlando, FL, to increase counsel fees for environmental issues relating to the Manufactured Gas Plant Site by $25,000 for a new total of $65,000 (Consent) 2. C.O.#s 1-4 for additional work for remodeling of Gas Adminstration & Operation Center buildings located at 400 N. Myrtle Ave., to Design Wise Building Contractors, Inc., Clearwater, FL, for $34,969 for an est. new total amount of $197,519 (Consent) GS GENERAL SERVICES 1. Contract for tire service, repair & replacement to Stringer Tire Company, Inc., Tampa, FL, for the period 10/l/95-9130/96 with option to renew for an additional year upon mutual consent, at an est. labor cost of $63,410 & est. material cost of $211,590, -for a total est. $275,000 (Consent) HR HUMAN RESOURCES 1. Contract extension for long-term disability (LTD) insurance for employees not covered by City's Pension Plan with CNA Insurance Companies, Orlando, FL, for the period 11/1/95-10/31/96, at an est. $36,702 (Consent) 1M INFORMATION MANAGEMENT 1. Purchase of 1 DEC Alpha 2100/4 computer system, operating system & programming licenses and associated peripheral components from American Data & Computer Products, Inc., Tampa, FL, for $38,348, authorize lease purchase through City's master lease purchase agreement (Consent) PD POLICE 1. Amendment to agreement with School Board of Pinellas County, providing for continuation of School Resource Officer program for 1995/96 school year, at Clearwater & Countryside High Schools (Consent) 9/18/95 ¦Il , .. PW PUBLIC WORKS 1. Ratify/Confirm City Manager's authorization of payment for May, June, July, August & September, 1995 and approve assignment of remainder of City's sweeping contract with C. P. Ward, Inc. to Sweeping Corporation of America, Inc., Nashville, TN, beginning 511195 & ending 9130196 under same terms and conditions (Consent) 2. Contract to Crom Corp., Gainesville, FL, to provide misc. repairs & upgrades to 4 five-million- gallon ground storage (water) tanks for the Public Works Dept., for $71,899 (Consent) EN ENGINEERING (117.07CD, 129,04CD, 800.04CD, & 804,007CD) lying along SR55 (US19), between SR60 & CSX Transportation r-o-w, N of Drew St.; void previously approved subordinations granted to FDOT (O.R. Book 8698, pages 1142, 1190 & 1161 and O.R. Book 8813, page 1288); and adopt Res. #95-60 authorizing City Manager to execute documents with FDOT 2. Sovereign Submerged Lands Use Agreement with State of Florida, Board of Trustees of Internal Improvement Trust Fund for Force Main Replacement in Clearwater Harbor (Consent) 1. Declare surplus for subordination to FDOT City's easement rights & interest in 4 parcels of land CP CENTRAL PERMITTING 1. Public Hearing & First Reading Ords. #5895-95, #5896-95 & #5897-95 - Annexation, Land Use Plan Amendment to Residential Low & RS-8 Zoning for. property located at 1304 Packwood St., Pine Ridge Sub., Blk A, Lot 11 (Koger, A95-20, LUP95-23) 2. Public Hearing & First Reading Ords. #5898-95, #5899-95 & #5900-95 - Annexation, Land Use Plan Amendment to Residential Medium & RM-16 Zoning for property located at 1939 Sunset Point Rd., Sec. 1-29-15, Pinellas Groves Sub., SW 114, part of Lot 3 (Pappas & Silvie, A95-21, LUP95-24) 3. Public Hearing & First Reading Ords. #5903-95, #5904-95 & #5905-95 - Annexation, Land Use Plan Amendment to Institutional & P1SP Zoning for property located at 1850 McMullen Booth Rd., Sec. 4-29-16, M&B 32.05 (Countryside Christian Center, A95-22, LUP95-26) 4. Variance(s) to Sign Regulations for property located at 1390 Sunset Point Rd., E. A. Marshall's Sub., Lots 9, 19 & 20, less road on E & S and vacated street between Lots 9 & 20 (Sunset Point Baptist Church, SV95-35) 5. Variance(s) to Sign Regulations for property located at 241 11 US19N, Sec. 5-29-16, M&B 23.05 (Robert Enterprises / Royal Pools, SV95-39) 6. Receipt/Referral - LDCA - Downtown Plan Amendments (LDCA 95-19) (Consent) CM ADMINISTRATION 1. Public Hearing - Second Reading Ord. #5912-95 - 1995/96 millage rate 2, Public Hearing - Second Reading Ord. #5913-95 - 1995196 Operating budget 3, Public Hearing - Second Reading Ord. #5914-95 - 1995196 CIP budget 4, Clearwater beach Consession Stand - set date for Presentations - WSO CLK CITY CLERK 1. Appointment of Commission member to regarding the 10/24/95 Special Election 2, (Cont. from 9{7195) Clearwater Housing represent the Commission as the Canvassing Board Authority - 1 appointment 9/18/95 2 CA LEGAL DEPARTMENT Second Reading Ordinances 1. (Cont. from 917195} Ord. #5741-95 - Land Use Plan Amendment to Commercial General for property located at 509 Bayview Ave, and 508 Meadow Lark Lane, Town of Bay View alkla McMullen Bayview Sub., Blk 3, part of Lots 1 & 2, and S 112 of vacated street abutting N side of lots, 0.70 acres m.o.l. (R. Roy Meador, LUP93-43) 2. (Cont. from 917195) Ord. #5742-95 - CPD Zoning for property located at 509 Bayview Ave., 508 Meadow Lark Lane, and 3009 Gulf to Bay Blvd., Town of Bay View alkla McMullen Bayview Sub., Blk 3, part of Lots 1 & 2 and Bayview City Sub., Lot A, and vacated street r-o-w between Lot A and Lots 1 & 2 of McMullen Bayview Sub., 1.02 acres m.o.l. (R. Roy Meador, Z93-54). 3. Ord. #5891-95 - Land Use Plan Amendment to Institutional for property located at 1920 & 1924 Douglas Ave., Sunset Point 2nd Addition, Bik G, Lots 26 & 27 (Hellenic Orthodox Traditional Church of America, LUP95-22) 4. Ord. #5892-95 - P/SP Zoning for property located at 1920 & 1924 Douglas Ave., Sunset Point 2nd Addition, Blk G, Lots 26 & 27 (Hellenic Orthodox Traditional Church of America, Z95-05) 5. Ord #5893-95 - RPD Zoning for property located at 1551, 1555, 1559, 1563, 1567 & 1571 Druid Rd., Druid Groves Sub., Bik A, Lots 1-6 & 112 vacated street (Clearwater Community Hospital, Z95-06) 6. Ord. #5901-95 - Land Use Plan Amendment to Commercial General for property located at 1 105 Engman St., Greenwood Park No. 2, B1k E, Lot 31 (Dorsey, LUP95-25) 7. Ord. #5902-95 - CNG Zoning for property located at 1105 Engman St., Greenwood Park No. 2, Blk E, Lot 31 (Dorsey, Z95-07) B. Ord. #5906-95 - providing for issuance of not to exceed $1,400,000 Special Assessment Bonds, Series 1995 to pay costs related to burying of power lines & installation of street lighting along Gulf Blvd. on Sand Key 9. Ord. #5910-95 - 1994/95 Operating budget (3rd qtr) 10. Ord. #5911-95 - 1994195 CIP budget (3rd qtr) Resolutions 1. Res. #95-75 - Relating to a beach access and public parking on Sand Key for the Beach Restoration Project OTHER CITY ATTORNEY ITEMS City Manager Verbal Reports Commission Discussion Items a) Naming new bridge - Clearwater Pass Bridge vs. Sand Key Bridge b) Land Use implications re Tower location Other Commission Action Adjourn 9118/95 3 TO: Mayor Rita Garvey FROM: Betty J. Blunt, Confidential Clerk Receptionist COPIES: City Commissioners, Betty Deptula, Cyndie Goudeau SUBJECT: Presentation at the September 18, 1995 Work Session DATE:. September 15, 1995 The following presentation will be made at the September 18, 1995 Work Session. 5_ years Employees will receive letter of appreciation, and a pin with city seal Roland Martens, Engineering Michael Kachurik, Police Department z-?eslle Riedt, Gas System Craig McGarry, Police Department 10 years Employees will receive letter of appreciation, and a desk or wall clock) vJohn Allen, Public Works (wall clock) L-16Lichael Slattery, Public Works (wall clock) (Kelly O'Brien, Gas System (wall clock) 15 years Employee will receive a letter of appreciation and a plaque) /Samuel Flagler, Engineering 20 yggrs Employee will receive a letter of appreciation and a plaque ,Arthur Goetze (PPT), Parks and Recreation 35 years Employee will receive a letter of appreciation and a travel gift certificate ?len Darrington, Parks and Recreation /Employee of the Month for September is Richard DeBord, Public Works Department j i r,UG 31 'S5 02t54FM p?/8/ar.Grtrs«s, pns t City Commission CITY OF CY.TARWATER F.O. BOX 4748 CLEARWATER, FLORIDA 34618-4748 MEMORANDUM TO: Betty Deptula, City Manager FROM: Fred A. Thomas, Commissioner DATE: August 31, 1995 3 SUB7ECT: Future Discussion at commis on t CC: Mayor, Commission ?r?M?i?+l??lcrs?lr?t?rc*a?.a?aeir*?IC*?+?c*?*?M**?Ic*?MMMr?****a??l+**??r*?*w?M*M?k?*?M?MMIaN*?k?M?k*M?*?YM?Mt*+M*NeM+luk*?k One of the xesidents of Sand Key recently sent us a letter concerning naming the new bridge, the "Send Key Bridge". We have always called it the Clearwater Pass Bridge, The majority of people who recognize it as the Clearwater Pass Bridge are boaters. Those who drive cars think in terms of going to Sand Key. Since the bridge is for cars and not boats, x believe it would be less confusing if our signage was appropriately designed to refer to the bridge as the Sand Key Bridge, Wound you have this issue discussed at a future Commission meeting? Thank you. FAT/jel • . Item N^ _ CLEARWATER CITY COMMISSION } Meeting Date Agenda Cover Memorandum A l G?k"t s 7/ SUBJECT: Subordination of certain Easement rights along B.R. 55 (U. S. Highway 19), owned by the City of Clearwater, to the Florida Department of Transportation, and voiding certain subordination agreements previously approved. RECOMMENDATION/MOTION: Declare as surplus for subordination to the Florida Department of Transportation the City's easement rights and interest in four (4) parcels of land (parcels 117.07CD, 129.04CD, 800.04CD, and 804.07CD) lying along State Road 55 (U. S. Highway 19), Section 15150-2566 between State Road 60 (Gulf- to-Bay Boulevard) and the CSX Transportation right-of-way north of Drew Street, and void previously approved subordinations granted to the Florida Department of Transportation as recorded in the official records of Pinellas County, Florida, in O.R. Book 8698, pages 1142, 1190 and 1161, and in O.R. Book 8813, page 1288, and adopt Resolution 95-60 authorizing the City Manager to execute subordination of utility interests documents with the Florida Department of Transportation, ® and that the appropriate officials be authorized to execute same. BACKGROUND: The Florida Department of Transportation (FDOT) is proposing to make improvements to U. S. Highway 19 from State Road 60 to the CSX Railroad. The road improvement project includes a 6 lane overpass at Drew Street, frontage roads and intersection improvements. The City has various easements on several parcels the FDOT will obtain as right--of-way requisite to the project. In order to facilitate this project, the City of Clearwater previously granted FDOT requests that the City subordinate its easement rights and interests in four (4) parcels identified as parcels 117.07, 129,04, 800.04 and 804.07, Section 15150--2566, to the FDOT. After the subordination agreements were executed by the City and recorded by the FDOT, the FDOT found it necessary to amend descriptions of the four parcels. Most of the adjustments are so slight they are difficult to visually depict. The FDOT now requests that the City approve the subordinations of its easement rights and interests in the corrective parcels identified as parcels 117.07CD, 129.04CD, 800.04CD and 804.07CD. Upon granting the FDOT request to subordinate the City's interests in the corrective parcels, it is in the City's interest to void the subordination of its rights and interests previously granted to the FDOT prior to the corrections. The subordinations contain provisions for the FDOT to pay to have the City's facilities relocated if necessary to prevent construction conflicts. r Ifevi A Originating Dept. costs:_ N1A_ Legal Engineering f Budget N/A (Current FY) r User Dept. Funding Source: i Purchasing N/A Capt. Imp. itisk Mgmt. N/A is N/A AGM ENG. OTHER N A ?} Submitted Dy: City M gcr? Date: Paper: Not required x Affected parties notified Not required x operating other.. Commission Action Approved Approved u/conditions Denied Cont'd to Appropriation Code(s) i Attachments: Resolution 45.60 N/A_ FDDI Subordination Agreement -?" form (Exhibit "All). Locator Maps - corrective parcels (Exhibit "B"). Locator map - voided parcels (Exhibit "C") SR55CD, RESOLUTION 95-60 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, DECLARING CITY--OWNED RIGHT OF WAY EASEMENTS ALONG STATE ROAD 55 (U.S. HIGHWAY 25) BETWEEN STATE ROAD 50 (GULF-TO-BAY BOULEVARD) AND THE CSX TRANSPORTATION RIGHT-OF--WRY SURPLUS FOR THE PURPOSE OF SUBORDINATING UTILITY INTERESTS TO THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, FOR THE S. R. 55 HIGHWAY PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE SUBORDINATION OF UTILITY INTERESTS AGREEMENTS WITH THE DEPARTMENT OF TRANSPORTATION; VOIDING CERTAIN PREVIOUSLY EXECUTED. AND RECORDED SUBORDINATION OF UTILITY INTERESTS AGREEMENTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida, Department of Transportation (herein the 'DOT"), proposes to construct or improve State Road 55 in Pinellas County, Florida; and WHEREAS, it is necessary that portions of certain right-of-way easements, described more particularly herein, now owned by the City, be subordinated to the DoT; and WHEREAS, Section 2.01(d)4 of the City Charter authorizes the conveyance of surplus City property to another governmental entity without referendum approval, with competitive bidding, and for less than appraised value; and WHEREAS, the DoT has previously made various applications to the city for subordination by the City to,the DOT of all rights, title and interest that the City has in certain easements between State Road 60 and the CSX Transportation right--of-way, and the applications have been duly considered by the City Commission, the City interests in the right-of-way easements having been duly advertised for public hearing, and the various applications having been duly approved and executed by the City; and WHEREAS, the DOT has now applied to the City for certain "corrective" subordination of utility interests to be given to correct the legal descriptions in those certain subordination agreements previously approved, executed, and recorded in the Public Records of Pinellas County, Florida, and this application has been duly considered by the City Commission; now, therefor:, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1._ The application of the DOT for certain "corrective" subordination of utility interests of City-owned right .of way easements, subject to the reservations of rights by 1 the City as set forth in the "corrective" subordination of utility interests agreements, is found and declared to be for a valid public purpose, and the right of way easements are hereby declared surplus within the meaning of the City Charter. The previously approved, executed and duly recorded subordination agreements as are more specifically identified in the "corrective" subordination of utility interests agreements are hereby declared to be null and void in all respects. The City Manager is authorized to execute the "corrective" subordination of utility interests agreements to the DOT in the form attached hereto as EXHIBIT "A", conveying•the rights, title and interests of the City in and to the real property -described therein, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, including, but not limited to, the benefits to be obtained from the highway improvements. Section 2. The "corrective" agreements authorized to be executed by the City Manager upon adoption of this resolution are summarized as follows: DOT PARCEL NO. 1.1.7. 07CD 129.04CD 800.04CD 804.07CD CITY'S INTEREST EASEMENT EASEMENT EASEMENT EASEMENT EASEMENT EASEMENT EASEMENT RECORDED AT $ooK PAGE 0. R. 6366 1049 O.R. 6366 1051 O.R 6493 0313 O.R. 5458 0245 P.B. 0095 0001 O.R. 5458 0245 P.B. 0095 0001 O.R. 6366 1051 Section 3. - Those certain previously executed subordination of utility interests agreements executed by the City of Clearwater, Florida in favor of the DOT, having been duly recorded in the following Public Records of Pinellas County, Florida, are hereby declared null and void upon adoption of this resolution: RECC BOOK 8698 8698 8698 881.3 IHDED AT PAGE 1,142 1190 1.161 1288 DATED 06/03/94 06/03/94 06/03/94 10/11/94 t' 2 l I I i 1 . 11 f Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 1995. Attest: Cynthia Goudeau Rita Garvey City Clerk Mayor-Commissioner i 3 This instrument prepared , or under the direction of Kennett G. Wing + Ass[ Degartmemenu o nttG >Lf'??? p4li•'??? 11201 N. Malcolm McKinle rive Tampa, Florida 33612 PARCEL : 800.04CD WPI NO. : 7117045 ?JMT "All S.R. NO.: 55 COUNTY PINELLAS SECTXOri 15150-2566 Legal Description Approved: Date:, 01/06/94 __ By:- ROGER WHITLEY--- -- UTL.04 . CORRECTIVE SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT, entered into this day of , 199_„_, by and between the STATE OF, FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FOOT, and the CIT OF CLEARWATER , a municipal corporation, hereinafter called City. W I T N E S S E T Hs WHEREAS, the City presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will requir6- subordination of the interest claimed in such lands by City to the FOOT; and WHEREAS, the FOOT is willing to pay to have the city's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, City and FOOT agree as follows: City hereby aubordinates to the interest of FOOT, its successors, or assigns, any and all, of its interest in the lands as follows, viz: That part of: Lot 1, CLEARWATER "19" COMMERCE PARK, according to plat thereof recorded in Plat Book 95, page 1, Public Rebords of Pinellas County, Florida, lying in Section 8, Township 29 South, Range 16 East, Pinellas County, Florida. Lying within ?he following described boundary, to-wit: Commence at a Pinellas County Engineering Department concrete monument with nail & disk marking the Northeast corner of the Southwest 1/4 of Section 8, Township 29 South, Range 16 Eaat,'Pinella:s County, Florida; thence rt 89030'59" W, 2714.71 feet along the North PARCEL 800.04 CD PAGE 1 This instrument prepared by, Under the direction of Kennelh G. Wing Asslslanl General CounSai Department of Transport, on boundary of the Southwest 1/4 of said Section 8 to the Northwest corner of the Southwest 1/4 of said section 8; thence S 00°54150" W, 1350.10 feet along the Went boundary of the Southwest 1/4 of said Section a to the Southwest corner of the Northwest 1/4 of said Southwest 1/4; thence S 89044'18" E, 99.68 feet to a point on the East right-of-way line of U.S. 119, and the Southwest corner of Lot-2, CLEARWATER 1119" COMMERCE PARK, according to map or plat thereof, recorded in Plat Hook 95, Page 1, of the Public Records of Pinellas County, Florida; thence along the South boundary of said Lots 1 and 2, $ 890441181' E, 580.34 feet to the POINT OF BEGINNING; thence continuing along said South boundary, S 89°44118" E, 5.00 feet; thence N 01029121" E, 5.00 feet; thence S 89°44'18" E, 30.00 feed thence N 00015042" E, 30.00 feet; thence N 89044'18" W, 34.70 feet; thence S 00054156" W, 35.00 feet to the POINT OF BEGINNING. Containing 1,071 square feet, more or less. "THIS CORRECTIVE SUBORDINATION OF-UTILITY INTERESTS IS BEING GIVEN TO CORRECT THE LEGAL D SC P' O CONTAINED IN THAT CERTAIN SUBORDINATION AGREEMENT RECORDED IN OFFICIAL RECORD HOOK 8813, PAGE 1288 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA DATED 10111/94." RECORDED NATURE OF ENCUMBRANCE DATE FROM TO O.R. BOOK PAGE EASEMENT 12/13/82 FRANK C. KUNNEN, CITY OF CLEARWATER 5458/245 JR. EASEMEN 12/20/85 FRANK C. KUNNEN, CITY OF CLEARWATER PLAT HOOK JR. 95, Page 1 PROVIDED that the City has the following rights: 1. The City shall have the right to construct, operate, maintain, improve, add ta, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT's current minimum standards for such facilities as required by the FDOT, Utility Accommodation Manual in effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the City or require the City to alter, adjust, or relocate its facilities located within said lands, the FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation, includincly but not limited to the cost of acquiring appropriate easements. 2. Notwithstanding any provisfona set forth shall supersede any contrary provisions, with reimbursement rights. heroin, the terms of the utility permits with the exception of the provision heroin PARCEL 800.04 CD PAGE 2 This instrument prepared b , r Under the direction of Kenneth G. Wing Assistant GCneml rniJn. Department of Transportat on 3. The City shall have a reasonable right to enter upon the lands described herein for the purposes outlined in.Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such nights do not interfere with the operation and safety of the F•DOT's facilities. 4. The City agrees to repair any damage to FDOT facilities and to indemnify the FDOT • against, any lose or damage resulting from the city exercising its rights outlined in Paragraphs 1 and 3 above. IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first,above written. Signed, sealed and delivered in STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION the presence of: By: Director of Production for District VII WITNESS PRINT NAME ADDRESS 11201 N. MALCOLM MCKINLEY Dr. TAMPA FL 33612 WITNESS PRINT NAME STATE OF FLORIDA COUNTY OF HILLSBOROUGH The foregoing instrument was acknowledged before me this day of 199 , by , DIRECTOR OF PRODUCTION for District VII , who is personally known to me or who has produced as identification. PRINT NAME Notary Public in and for the County and,State last aforesaid. My Commission Expires: Serial No., if any: PARCEL 840.44 CD PAGE 3 I *s IN WITNESS WHEREOF, the said grantor has "Caused these presents to be executed in its name by its Mayor-Commissioner and its City Manager, the day and year aforesaid. Countersigned: Rita Garvey, Mayor-Commissioner CITY OF CLEARWATER, FLORIDA By: Elizabeth M. Deptula City Manager Attest: Cynthia E. Goudeau, city clerk STATE OF FLORIDA ) COUNTY OF PINELLAS ) BEFORE ME, the undersigned, personally appeared Rita Garvey, Mayor-Commissioner of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be her free act and deed for the use and purposes herein set forth, and who is personally known to me. ". WITNESS my hand and seal this day of 1995. Notary Public Print/type name: STATE OF FLORIDA ) COUNTY OF PINELLAS ) { BEFORE ME, the undersigned, personally appeared Elizabeth M. Deptula, City Manager of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be her free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and seal this day of , 1995. Notary Public Print/type name: Approved as to form and legal sufficiency: Pamela K. Akin, City Attorney PARCEL 800.04CD PAGE 4 l ' f J r J l! 1 r 4 1 r. g r 10?t/Vj "? LO?? t IM OBE RE4? ??? '? j SEC ? s ? ? ?gll M L 1 ?•? 3 ` i ! 6 EM- -11p r "B" i f la? Il....k N.I.. MY IN. II.y_7.! I CLE:ARW 'ER "19" COMMER 'C PA 1t r ?, pvl?` pd. ? 1 r r 'Y i r ? r y ?ii -gyp' 4 - r rr r r 'rl - - - 95--01 I all . ?.,. -.??.? tin LO ii/0] (2: C! 1 DREW 1ff??-?\ y II,s-lar ? \^ -?Y f1 117,07sd S. R.Irv?af,M1 1671 ^7? 33/04 I . w Sa .a1 a•u 1.... 1794• H I.s,NIC110f1s 1076-70 ??07 33/01 ffv=`? SS/06?a 3)/07 - ' .w.n p a 0a. le.. llss.?f.> ? ia STREET sl77-Ie3 fiats; itch Is nol o lurnar f 6/12/,3 - O.V.O. 950ala d..? I II M; 1 J . r 1 I ? I t.,. I I ? 1 ? r 1 ? rr »r _r r , ?r $ d 4 r ?r r r r 1 CLEARY?I???R I +? i I Iq S?CO?p ?, I n-i I u ? 1 i I ? J lprl J2?.' I l0 44/03 f? 1 1 1 ui DREW IIII-ssl 1 i --? i f .?...J?.. V,. STREET M:-46? i flola lhil 1? nol o WINr 1 6/12/95 - 0.V.0. 950dio d..9 I ¦. I 1 f ! 1 1f 1 ?f r 4! a! 8 I I O?t?'?? I f I l? I ? I Zg l q? ? I 1 ?,',a I := I I R b V ' I i f ( I I I Mr M-b.l -.1.. M-n [..• !1'l.-71e I CLEARW VER °19° COMMER E PAK I I y ( ??1 e, 800.0+ee 1 =E ' ~ i !I s i al 95-01 r ] s!1 -- - - - - - - - - - - - 33/02 10' Im"'t wl,b•.. -'. •q.•+yY7•.4 b.. 13&1 1011 L. •.In•nr.l 4071-79 33/04 I i -.I- 30 wee-+• to 44/0.3 +r?i" J cl? J,a .r a. - uu Tu. Nit-LJ 407{•4i 33/06 33/0 Ai5TI1+CTIOHS 40Za-20 ? 133/08 33/01 L-j gar.-rai DREW STREET F °. ]572-16] 7111•{il I ^ / ? 1 w it "1I gll .II III III f I I I I I i I. Note: T1++1 is not o 1L.YQy ! 6/12/95 - O.V.O. 95081O,d-q I 1 I r I V? 1 ? I r i ? .r i o JI n F b ? r a R E E Cy,I,E I E?;S E a ?GO?4 R??tl ? ?a E a E [ I 2ra E I ? -1k 0;?? 3 L 44/03 DREW 7, 11•i,. 1 x w i I i ? I E t I Pvt?Rd. rsx ?I WI xl °I - 034 CLZARW rER "19" CDMMER 'E LPA K 1 ....,......r + Ull. t.". i I I I ';I I 33/02 `'I I ro• rw.l •.l .a...,.? ..Y.,,nv... a«. ?1/i lol, I I I II I s.. 1..1•.,.. it I r? `mod 33/04 1 I 1)fl JJ,O Uf2n-7U ?,o a a w. 9 1p.. iii!-IIY .,... ia' _ _......_ 131011 33/06 33/07 - L J STREET sst?-lei In to Oi fluter 7h49 Is not a survar 1 8/12/99 - ON.O. 95081a.doq Fh??r C?) , WS M E M O R A N D U M TO: FROM: RE: DATE: Cl lt*s4o The Honorable Mayor and Members of the City Commission Pamela K. Akin, City Attorney Continuances September 18, 1995 Pursuant to Commissioner- Berfield's request Y have prepared a revision to Rule 12 to clarify the issue of continuance by a Commissioner. The pertinent section presently reads as follows: "The Commission shall honor a Commission member's request for a one time continuance of an item to a date certain not to exceed 30 days. The public will be allowed to speak on an item so requested to be continued if that item is an advertised public hearing but no action of the continue as requested shall be taken." The following issues have come up in dealing with the rule. 1. Whether the continuance as a matter of right without vote required. 2. Whether an item be continued consecutively by different Commissioners. 3. What is an iteia? That is, is an item a•particular topic or subject or is an item each time it appears on an agenda. 1 recommend the following language: A Commission member may request a one time continuance of an item as a matter of right without the necessity of a second or vote, to a date certain not to exceed 30 days. Additional continuances may be granted by majority vote of the commission upon motion of any Commissioner. The public will be allowed to speak on an item so requested to be continued if that item is now presented for public hearing but no action other than to continue as requested shall be taken. For example, Commissioner A continues agenda item 6, first reading on ordinance 0000-95. The continuance is as of a matter of right with no vote . The item comes up at the time requested by the Commissioner X not more than 30 days later. First reading is had on the item, at second reading Commissioner Y wishes a continuance. i The item may not be continued as a matter. of right as it has already been continued once. The Commissioner Y may make a motion for continuance which if seconded and approved will be granted. f j 's iy 3i r a Y 09/14/95 12:38 x'449 2889 CLWTR CHAHBER Gv s Q004/004 REVISED ROLES DOWNTOWN PARTNMEIP t nc : Right to Develop Property Develop Downtown Master Plan Incentives Demographics _ Recruitment/Retention/Relocation/Expansion Subcommittee: Comprised of business leaders and other partnership members CRA/City C? mmi.ssion: Right to Develop Property Develop Donwtown Master Plan Incentives Right to Develop Property Demographics Provide Infrastructure Develop.Downtown Master Plan incentives Provide Enforcement -City. Services Promote and Support Downtown Master Plan Promote and Support Recruitment. Promote and'Support Retention- Downtown Events WQwn1Qwn oar All promotional and marketing materials to have input and final approval.from Partnership; Funds for and development of promotional materials for investors Funds for and Development of City-wide Promotional/Educational. Program Benefits of Downtown Redevelopment Funds for Downtown Events Develop Program and Encourage Building Facade Improvements 4