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11/16/1995AG E119 A DAT rl / ( :I l.:l 1Y I:UIVIIV11551UN IVltt I INCA It ..-, IG ------99 Mote: Preliminary (Worksession) agenda and paperwork that was in package initially but then not continued onto Thursday's agenda is at the back of this agenda pack. ,C /Ga9 ... ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, November 16, 1995 - 6;00 P.M. - Chambers Welcome. We are glad to have you join us. If you wish to speak please wait to be recognized, then state your name and address. Persons speaking before the City Commission on other than Public Hearing items shall be limited to 3 minutes. No person shall speak more than once on the same subject unless granted permission by the City Commission. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING, SHOULD CALL 8131462-6684. 1. Invocation 2. Pledge of Allegiance 3. Service Awards 4. Introductions and Awards 5. Presentations: a) CNN - Tourism Campaign for Clearwater & Clearwater beach 6. Approval of Minutes - Regular Meeting 11/2/95 & Special Meeting 10/25/95 (canvass) 7. Citizens to be heard re items not on the Agenda 1. Commissioner Thomas. (end of meeting) 2. Mayor. 3. 1 award presented. 4. None. 5. Direction for staff to investigate forming partnerships to pursue advertising on CNN. 6. Approved 1112/95 as corrected; 10/25195 as submitted. Jeff Morrey objected to proposed extension of Landmark Drive. James Warner expressed concern about Sand Key beach renourishment efforts. Requested City dialogue with County re protection of exposed seawalls. Pinellas County representative to attend 12/7/95 meeting. Fred BijQkland thanked Commission for approving reclaimed water project on Island Estates. Requested feasibility study re burying power lines at same time. Herbert SoM[nerson urged letter writing campaign by citizens and businesses to Governor and legislature re Sand Key beach renourishment. Dr. James Carazi2la expressed concern the City has cut a 30' swath to start the Landmark Drive extension. Tom Sehlhorst requested approx. $40,000 waiver in City fees and State surcharges to develop 11 pieces of property. PUBLIC HEARINGS All individuals speaking on public hearing items will be sworn-in. Not Before 6:00 P.M. Administrative public hearings: - Presentation of issues by City staff. - Statement of case by applicant or representative (5 minutes), 11/16/95 1 Commission questions. Comments in support and in opposition (3 minutes per speaker). Commission questions. Final rebuttal by applicant or representative (5 minutes). Commission disposition 8. Public Hearing & First Reading Ords. #5922- 95, #5923-95 & #5924-95 - Annexation, Land Use Plan Amendment to Industrial Limited & IL Zoning for property located at 2021 Sunnydale Blvd., Clearwater Industrial Park, part of Lots 6 & 7 (Morgan Tire & Auto Inc. and Don Olson Tire & Auto Centers, Inc., A95-23, LUP95-28) 9. Public Hearing & First Reading Ords. #5926- 95, #5927-95 & #5928-95 - Annexation, Land Use Plan Amendment to Residential Low & RS-4 Zoning for property located at 7 Dorado Place, Sec. 24-29-15, M&B 11.07 (Roy S. & Renae Sachse, A95-24, LUP95-29) 10. Public Hearing & First Reading Ords. #5929- 95, #5930-95 & #5931-95 - Annexation, Land Use Plan Amendment to Residential Urban & RM-8 Zoning for property located at 20162 US19, Sec. 18-29-16, M&B 44.04; 'and Approve a Transfer of Development Rights from Parcel 2 (Sec. 18-29-16, M&S 44.04) and Parcel 1 (Sever Park, part of Lot 3) to the "main" motel site (Sever Park, all of Lot 2) (Asa J. & Katherine G. Lewis, A95-25, LUP95-30) 11. Public Hearing & First Reading Ord. #5909- 95 - Amending Secs. 28.10 & 44.08 to delete the requirement that signs on vending machines be regulated as wall signs 8. Approved: Ords. #5922-95, #5923-95 & #5924-95 passed 1st reading. . 9. Approved. Ords. #5926-95, #5927-95 & #5928-95 passed 1st reading. 10. Approved. Ords. #5929-95, #5930-95 & 5931-95 passed 1 st reading. Approved transfer of development rights. 11. Approved as amended. Ord. #5909-95 passed 1st reading as amended. 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). Conclusion by applicant (3 minutes). - Decision. 11/16/95 2 12. Variance(s) to Sign Variances for property located at 2545 111E Coachman Rd., Sec. 7- 29-16, M&B 11.05 (Decade Companies Income Properties 1 Town Place Apartments, SV95-44) 13. Public Heaing & First Reading Ord. #5932-95 - RS-6 Zoning for property located at 2370 Dora Dr., Rolling Heights Sub., Lot 68 [Thomas E. & Helen J. Vernon, Z95-09) 14. Public Heaing & First Reading Ord. #5933-95 - RS-6 Zoning for property located at 601 Dora Dr., Rolling Heights Sub., Lot 21 (Frank J. & Minerva B. Antoniello, Z95-10) 15. Public Heaing & First Reading Ord. #5934-95 - RS-8 Zoning for property located at 1404 Orange St., Sunny Park Groves, Blk G, Lot 17 (Carl B. & Rachel J. Lowe, Z95-1 1) 16. Public Heaing & First Reading Ord. #5935-95 - RS-8 Zoning for property located at 1761 Cardinal Dr., Pinellas Terrace, Lot 68 less S 3' (Gerald L. & Christine M. Penhollow, Z95- 12) 17. Public Heaing & First Reading Ord. #5936-95 -,RS-6 Zoning for property located at 2353 Dora Dr., Rolling Heights Sub., Lot 8 (William R. Moberley, Z95-13) 18. Public Heaing & First Reading Ord. #5937-95 - RS-6 Zoning for property located at 2377 Dora Dr., Rolling Heights Sub., Lot 12 (Beulah C. Bailey, Z95-14) 19. Public Heaing & First Reading Ord. #5938-95 - RS-8 Zoning for property located at 1700 El Trinidad Dr., Virginia Grove Terrace, Blk 2, Lot 1 (Stephen M. Dutzar, Z95-15) 20. Public Hearing & First Reading Ards. #5856- 95 & #5857-95 - Land Use Plan Amendment to Institutional & MPD Zoning for property located at 1221 & 1256 Bay Ave., 323 & 325 Pinellas St., and 1225 Reynolds Ave., Westover Sub., Blk B, Lots 1, 2 & 17, C. Perry Snell's Bluff View Ct., Lots 22-24, and S. J. Reynolds Sub., Lot 8 (Morton Plant Hospital Association, Inc. and Evmorphia M. Kralis, LUP95-13, Z95-02) 12. Approved 18 sq.ft. area variance to allow 2 entrance signs with an area of 42 sq.ft. each. 13. Approved. Ord. #5932-95 passed 1st reading. 14. Approved. Ord. #5933-95 passed 1st reading. 15. Approved. Ord. #5934-95 passed list reading. 15. Approved. Ord. #5935-95 passed 1st reading. 17. Approved. Ord. #5936-95 passed 1st reading. 18. Approved. Ord. #5937-95 passed list reading. 19. Approved, Ord. #5938-95 passed list reading. 20. Approved. Orris. #5856-95 & #5857-95 passed 1 st reading. 11/16/95 3 21. Public Hearing & First Reading Ord. #5946- 21. Denied. 95 - Clearwater Beach Planned Development District Zoning for property located in City Park Sub., part of Lot 7, 0.67 acre located on E side of Poinsettia Ave., in center parking isle of the Memorial Civic Center Parking Lot, Sky Tower, L.C. site (City 1 Grogan, Z95-17) Public Hearing - Second Reading Ordinances 22. Ord. #5943-95 - extending cable franchise 22. Ord. #5943-95 adopted. agreement with Time Warner Entertainment- Advance/Newhouse Partnership to 211196 CITY MANAGER REPORTS CONSENT AGENDA (Items #23-30) - Approved as submitted less #s 23 & 28. 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. 23. Contract to purchase a parcel of real estate containing approx. 1.345 acres located at 1454 S. Greenwood Ave., Sec. 22.29-15, from Asimeno Corp., for $84,000 plus expenses for appraisal ($400), environmental inspections ($730) and title insurance ($690) bringing the total acquisition cost to $85,820 (ED) - CONTINUED. 24. Contract to purchase generator service 1 maintenance to Diesel Energy Systems, Inc., Largo, FL, for the period 1211195-9130197, with 3 one-year renewal options, for $52,275.06 (GS) 25. Extension of contract for physical examinations and other medical services, with Family Care Centers Walk-In Clinics, Largo, FL, for the period 111196-12131198, for an est. $88,340 (HR) 26. C.O.#2 to 1995 Gunite Restoration Contract to Infrastructure Services, Inc. 1 ISI Operating Corp., Franklin, TN, increasing the amount by $47,880, for a new total of $404,071 and approve a time extension of 20 days (EN) 27. Contract for Clearwater Harbor Directional Drill Force Main & Gas Main Installation to Hall Contracting Corp., St. Petersburg, FL, for $2,697,109.30; and approve C.0.#1 reducing the contract amount $480,322.72 for a new total of $2,216,786.58 (EN) 28. Authorize City Manager to negotiate with property owners to prepare a Development Agreement regarding Vogel Property, Landmark Drive, located south of Enterprise Road & east of proposed Landmark Drive extension; Refer to Clerk for advertisement for public hearings when City Manager determines agreement is ready for public consideration (CP) - APPROVED. 29. Receipt/Referral - proposed Ordinance to amend Secs. 21.10 & 42.35 to provide for temporary storage of recreational vehicles for lodging purposes at the Harborview Center (CP) 11/16/95 4 30. Appointment of Commission members to regional & misc. boards - Garvey - Florida League of Cities Board of Directors, Emergency Medical Services Advisory Council, Mayor's Council of Pinellas County, ex-officio of Downtown Development Board, Chi Chi Rodriquez Youth Foundation Trustees, St. Petersburg/Clearwater Economic Development Council, and Pension Advisory Committee; Berfield - Suncoast League of Municipalities Board of Directors, PACT Board of Directors, ex-officio of Downtown Development Board, Jolley Trolley Transportation of Clearwater, Inc. Board of Directors, and Pinellas Planning Council; Thomas - Metropolitan Planning Organization; Johnson - Tampa Bay Regional Planning Council, Pinellas Sports Authority, and Pension Advisory Committee; and Clark - Pinellas Suncoast Transit Authority and Pension Advisory Committee (CLK) OTHER ITEMS ON CITY MANAGER REPORT 31. C-View Task Force (1M) 32. Authorize modification of streetscape previously installed by the City and the CRA, 500 block of Cleveland Street (CP) 33. Summer Youth Employment Program - final report's recommendations (CM) 34. First Reading Ord. #5940-95 - establishing rates for residential & non-residential reclaimed water service to Island Estates, Memorial Causeway & Clearwater Beach and amending various sections of the Code by referencing reclaimed water service (PW) 35. Contract to purchase real property located at 128 N. Osceola Ave. from the Greater Chamber of Commerce, Sec. 16-29-15, for $300,000 and pay related transaction costs including environmental audit, boundary survey and recording fees maximally est. at $5,250, for an est. total $305,250, and approve a lease-back of the property to the Chamber for up to 12 months for total rent of $1 (CM) 36. First Reading Ord. #5944-95 - Granting to Florida Power Corp. a non-exclusive electric utility franchise to occupy municipal streets and rights-of-way in the City, for the purpose of providing electric and power services; prescribing the terms and conditions accompanying the grant of franchise; providing for severability of provisions; for a period of 30 years (CM) 31. Approved establishment of task force; appointed James Martin, David Campbell, Peter Caffentzis and Joseph Brown. City Manager to appoint three technical members. 32. Denied. 33. Approved recommendations as amended. Approved continuing with the contract. 34. Approved. Ord. #5940-95 passed 1st reading. 35. Approved. 36. Approved franchise. Ord. #5944-95 passed 1 st reading. 11/16/95 5 37. Advertising in Beach Views (CLK) 37. Continued to 12/7/95. 38. Legislative Package (CLK) 38. Approved as amended, 39. Other Pending Matters 39. Other Pending Matters a) Change in concept for 3rd floor of a) Approved restructure of 3rd floor to Harborview Center increase size of catering kitchen & finish out remaining 4,000 sq.ft, for management by Globe Facility Services (GFS) for a banquet area. CITY ATTORNEY REPORTS 40. Other City Attorney Items - Attorney/Client session re Fisherman's Wharf scheduled for 9:00 a.m on 1214195. 41. City Manager Verbal Reports City Manager will not return to work at City Hall until 12/4195 as she will be on vacation and attending a conference 40. Other Commission Action Johnson expressed support of Oldsmar's concern re fireworks. Letter of support to be sent. erfield reported the City received $24,657 in extra income from Harborview Center Stein Mart. Thomas indicated CRA Director had not predicted Stein Mart would reach $10-million sales in first year. Figure represents sales at mature location. lbamas noted meeting not started with invocation and requested rules be followed. 40. Adjournment- 12:36 a.m. (11 /1 71951 11 /16/95 6 CITY OF CLEARWATER Interdepartmental Correspondence TO:, Mayor Garvey FROM: Sally Thomas, Agenda Clerk . SUBJECT: Invocation COPIES: Cynthia Goudeau, City Clerk DATE: November 16, 1995 No minister will be present this evening. a fr TO: Mayor Rita Garvey FROM: Betty J. Blunt, Confidential Clerk Receptionist COPIES: City Commissioners, Betty Deptula, Cyndie" Goudeau i SUBJECT: Presentation at the November 16, 1995 City Commission meeting DATE:.. November 16, 1995 The following presentation will be made at the November 16, 1995 City Commission meeting. Lisa Perkins, Gas System (letter of appreciation and pin with city seal) Ir En fn 7) .Q s C? F ? t UJ _j a•; +i - ... .. '.i?• tt?, Ad y_ 'i C? 0 Y C? a U O U >M? H U W F"9124 W U I A L. t!? MMO c? ' M . 0) r .Una W W M vlMj >t M I? L. 0 mo E cu r0 i cn r c 0 R ..ww 0 r Co c O .? E O O cn Z3 cu 4) • rrr H_" 0 co 4 ?- E 0 4? 0 cm ui L. a? O N X Cll L. O O 0 r M LO 0 4-j I 0 L 0 E L. 0 c c? 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S U I t9 m A o -, u ?- a z z a: ? m E f .i E I 1 E i 4 • r • r 4 • I 1. I AGEN' A', IDAT E ITEM 1 F j??? N] R ff ?? E ?l ? G t f i 'Back in the Ballgame' Sarasota County eases impact fees and loosens the reins on grozoth to promote economic development By Barry D. Bradley couple of nulnths back, members of Sarasota's busi- ness community, along with the coulltv's hl'llallamic Development Board, %Vanted some proof that they were get- ting the most from their economic development dollars. Where was the monev going;, how was it being; spent and what did the county have to show for it? A C Bill little, executive director (if the Sarasota Cl1UMV COttlmrttel of 100, sharpened his pencil and began doing the arithinetic. Wl?,at he discovered surprised evell the ANTI- opment board, in idvi- sory group for the Sorasot,a Comm Commission that holds the purse string-, for the Conurlittec of 100. For ev'er' dollar invested in the c15n1- mittce, the county got back $2.1 in new annual salaries from all tile Coillpallies that had relocated or expanded in Sarasota county. "And it get's even butler it von fi};ure these salaries are going In be p41id Wear after year," yavs Little. .1 prt'tty g0t11i rehlyll on Your Ialve-4111e1lt." Other figures in URIC", report, Which v,",..,t.,, N0. Will be preSellted it) the county rultl111i5- sion this month, art' 1'llually inlprestiivy. hl the p,Ist fiSOI yt'ar, which Ontlt'd in October, 420 nvw jots were creatt'ti throughout the count.'. The tut,ll payroll for those nrlti• job, 1, 6+I T-knilhoo, or roughly S510,001) per job. "We're verv pleat d With tlMW rlllnl- hcrti and the ,IItiV„ lye've 1141d", 1),11'id Mills, ch,lirluan of tho county iunullission. '"l hl rt'turn till our invt•st- mrnt lws beat get'.It.' IM] Past Problems Sarasota ---- the county and even more so the city - has always been a divided community. It's a place where the extraordi- narily wealthy live on one side of town and the ser- vice-sector, hourly-wage folks on the other, The middle class is relatively small group. It has been ;1 place split over growth. I,011d. influential voic ti in the county continually fought ally program or plan to attract new colllpallles and new jobs. If anything, communi- ty attitudes served as a disincentive to economic development. hlfrastnlcture was not belalg nlainUined, let .11[1111' illlprnl'ed to Slip- port future growth. Last year Sarasota voters turned liMll 41 plan it) laintl[lue pAlin ;all addillo11,11 t.rle percent cntnlry .alt', t.1\ ;t1 fund inlraslnlcture construction. County olfi- 1'iJIS ,,1y it WHI l11' at least tll'\t yt'.ll' llcfore they can once ag.rln bring the issue before voters. "'HIM! are soine antigrowth vlements ]lure that don't 1y,111t any more growth at 1111," nil's %lills ,711ev s.1v if voll 11u11't plan. Ihey won't inure, and we Oil Wow vl utut , Rt roul Officials are working it) resolve conflicts overgrowth and economic development in the city of Sarasota. 0) rm? V e? 0 77 C .•a Fti (V T?r` eW }•?`A?^y lea l-LL V ? r O O Ov rL•? ? ?LJ !•'r v r i V ev W tac M? F? .= G. ;.. ,? ,•?,', raj ? y'' w C) tiw•• .•? e`N/?? O ? ? G C • C '- _j ? ? ,?y R? ' ? '? "?`?' 4 rJ ?' •i., 'iii '? rte] r} Y S G .,.. .?r. :+. ? Q .G DU'? ? i.,? ?i Vi y V R. ? rGy G 'G G_ ` L1. V a; ++ to V r3 C E J w V c w °' O p G }' c R a t F c chi y c: y w° u R bra a ?... ° °i rs •O ? ? '?n x Cam. 4 V V L.J ? v? ? ? > O ? D ?• CAA 3 . . w d C C7 ? F O y t E: G_ O L n ? C V C Es .x S r .a c3 ? O ° o w; D G CJ tIf w ? „ y i E A 1 Ln O ti r ? v L z rs? r, c o c a u E C) w V OU oV Cl '+W ez w` . .... tz r7 i t --• sG >,U? C! w w rs O R« V LIN n LS C G (? O b C . G rGE 41 GA y GAO w a w , O p Y p ?C .? ra o + rr .0 fl b c ro 'c G' i . , b' r? c a CL. ? G r c V w E ?' i w G G m G -- , :'l.> 1 L;! iCdia .? I'4`.:i?•'t-::i:. ; t.lJs•I::, i. f •? t ...::i 1 f-FPL.:CFi'tCfC,i !ALIr1ET,t :•3i=: a c• t.,p,, .1- , l; y ?i1, •1l:. -i t r . r :i > •'•L' r"f;'...,. "ir=r?l-. 1' ?.i'. ,!t_)Iw. i :.f ? ?1.. 'f (_ 'tJ-», 1' •.'rf ,? i 4Jt-,L 1 . rti'. :=1 ?.?'?t.3I'.:•; ?k..la:. t "f• ,1.?., i•S L;?.'.?'i .. `.S , i?• ..L:•? . 1'. ... . . ., ,. ?4;: t}?, .. .a l't:'`.. ??-^^ ? ? i ' •_ V liv?ti"IACT i'LC_ .[] t7 JJ I:i i :1 i;='i ?€;',' WA( :.I .t[. [, > r• 4, rr,' -:?:r. ' t r , :.tr. 1 _3 .y ,` , A» . ?• ;,.?ri =1='C;h 11'.7N F, A . ..! t'':[ . ?.Z7 i- 1 ? . r? . r1f a. .i: - .11_+ f •? -J^ 1 0 C In m a 0 4 M LO w LO .t co to B. ? o C a a v ? ?1 o c to ?ocna,?tco to onn0 cnocriTi- E E V? E a = Al u LU Ur c O"" ¦ u M N O G f f r rlti+l ; '? 1 O N N I tO w lryvr` c ~ ry I w l C) C-4 C-q C-4 is D 0 N t"i LD r N n •- ? o i N C} O O x 1 1 1 1 ' V \'J V tm ao m vi vi of C) ? •- •- CV C `- a c to LO in In tr) to to to m 0 to to to > > N N N Q SSC u N N N N N N N N N N ?, 71 t[ ? , ol.J ?? ? r f?w0 r}^ 1 ? _ ... A+ lOtl V? •G1 u.lw L? Y O9rw,1'? f + ±O• Ar it r9?r 1 Itiu C S• n g ? i o ? • slla? ? : ?? i 4 r0 4 hfAll{ ; „ V O f cc f 11 O M u 7111, yN1 ,?F f 11 aww i • u q. ell !rl? u ' a rvOrrr Ao ? w s t rosy. 1 HOSIMM L E s i., .C a ? ? kv ,1swM1t W4 1 ?_ C ? ?. 7[? ?!?????J a ? Y L u N N t*1 Q -r !? f I 1-ti 'f nor. ft 1 r4 1 I co p E-s P, N e+1 O O N m N N H o N u H? V+ N N N N N N N N N N N N N N __9 ?f7 L4 1 M? c 1 3 v 0 I7? • ! 1.1 " 1,-1 ?_j ?r 1 4 /l M r? i J '1 i1 1 o I" 114 ? ? O 1?1' r? err 1 AkL. r 4M 11 w ? s r ? i i ??0. as ?s?d•s Q 5?"4 R 1/71 F1 +n?///f??fu?r u ' ip.116f ??y?J ti 1 ` i + V! a w AI, Il7A35006 ? r ?Nrd a On N r 13 « ,,.,A'?ru 0- ?a._ = , ?'x ?rra The pink marble floor needed replacement andad- dition. The marble was matched exactly by finding the original spot in the origi- nal quarry in Tennessee where the first marble had been cut. The granite in the columns fronting the build- ing was restored and tilt: slabs covering the windows were removed allowing day light to shine in for the first time in 35 years. Clearwater was a city known as "the city eAnvater that was built on dreams." For de- cades, the Clearwater B a n k Building stood at the crossroads of the bus- tling town. Virtually all of the work on the building was carried out by skilled local contrac- tors - stucco, roofing, win- dows, concrete, electrical, air condition ingandplumbing. if you check out down- SEE "REDFV LOP11tFATh?F-PS ON COINC"PAGE 2 Clearwater residents ateuding the cernnony for the grand opening of the newly renovated Clearwater Bank Building. The building is open for puhlic tours. C-L L, 2. 0 0 t, pevelo?ennP?,? ??ans b o -r 4,va .I.9%a F?aln ?/tn?2S p LA-7 r - ND f9q`f F?9.?! Ac-4i1 F2RR( D _I.y95" plsrRLC7'__??A/Q1C(/'I?__ "?UQ_ _..19%S",??-I _nadl?su__p??c.RR AeVelop??+? ?e?e?0enhP,+? lqq ( 1F BM Sr-4 R_Ta,_ FAOM x?/t) Ifl q4 Fka m ? S C??di f3yQj::I WA-rA Y AlSi r#- ---l_R9S',?_lll?u p???AR_A_eve)8p ??LQRLi have land itself. y and "Now we land to taxbesidcs the the prop(! d that if a company buys facility, the coon. . . Qve a manufacturing 13,J,Q0 in taxes new company will hem builds a (high ty might then collect $ coon over the years then the ain in ne+x taxes, rc to sarasoka in to I lly disincentiv we're ",c Sjlizing s or waive tli othe1 contribute far OTC urehased ?Lt ty officials would duce might taxes and products p ilnpact fees) and it would pay in the or?g1na1 imp back in impact fees that co rem than pany sndden].y wise have to pay, with our hag we had ys Bc . m allne? it I think what sa feeWhere s even more new incentives. the b alg disincentive; also has established what impact fees was a ve Yery low imps Tile county uas. Tax lncrcMent "some caunties ha Now officials call Q plc of isincentive a: can Districts. This t5 an exam Jim BGS fees and others h? hat od ballgame pinan t vacant 10-acre TlSere is a p ,t_gairig C)1airrriail have removed back in the how it works: whose o?,.ner is pay""b missivr+ we're suddenly are Maki arcel of fonder ear in taxc?s• The taxes Gom - _-. - • County officials say they on the Sarasota County entficant rains in other Lrawth issue about $1,300 p ye, pare so lo?v because there 5 nothing Si F lens bO 'FIU?D 41?e D LCe?rlc- ?ec?a?_ srP?e J?,9ucNP,er?v ?? "?T9-a6 , 60 VA ffyC- -00-muc 9L "t o ? e m, e? c-2 ? ?- Cg im (_?l ?. TPA seven ?-P jUe L9AP-e re?r Nev-- - ??r 7Ne ???D ?xlQ ?R(?ts±_mo?pr L?-Y ec? k4- 'T _Li?4, 14 /sK )3y s ? k-Ic zyvlz5L- e Vy- e LAg M rc?,?TTI?Q" r .............. . 1,q-vt rowlte v ye J(Q dove l a Y/tg CO i---- Q? - r? LU s, gam: t ,fZ •k r J I 1 i i i } t+^ ? ? iS S s , f `l l•. ?7 Item # Clearwater City Commission Meeting Ante: ???JJJ Agenda Cover Memorandum SUBJECT: Petition for Annexation, Future Land Use Plan Amendment, and Zoning Atlas Amendment for 2021 Sunnydale Boulevard; Owners: Morgan Tire & Auto Inc. and Don Olson Tire & Auto Centers, Inc. (A 95-23 & LUP 95-28) RECOMMENDATION/MOTION: Approve the Petition for Annexation, Future Land Use Plan Amendment to Industrial Limited, Zoning Atlas Amendment to Limited Industrial (IL) for Part Lots 6 & 7, Clearwater Industrial Park, and pass Ordinances No. 5922-95, 5923-95 and 5924-95 on first reading. ? and that the appropriate officials be authorized to execute same. S Y OF THE REQUEST: PROPOSED REZONING PROPOSED ZONING DISTRICT Limited Industrial (IL) PROPOSED FUTURE LAND USE CLASSIFICATION Industrial Limited REASON FOR REQUEST ® Sewer Service o Sanitation Service ? Other ASSESSED VALUE OF SUBJECT PROPERTY $ 998,000.00 Reviewed by: Originating Dept: Costs: S N/A Commission Action: Legal _ N/A CENTRAL P HITTING Total ? Approved Budget N/A Purchasi Purchasing N/A -24 S E3 Approved u/conditions _ Risk Mgmt. N/A _ - User Dept: Current FiscoL Yr. 13 Denied Cis N/A Continued to: 13 ACM Funding Source: other N/A 13 Capital Imp. Advertised: 13 operating Attachments: Date: 10/17/95 & 10/26/95 ? Other ORDINANCES NO. 5922-95, 5923- Paper: TAMPA TRIBUNE 95 9 5924-95 © d LOCATION MAP Not Require submitted by: Affected Parties IM Notified Appropriation Code: 13 None Cit na r Not Required 0 Printed on recycled paper A 95-23 & LUP 95-28 Page 2 EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND SURROUNDING PROPERTIES LOCATION IN CITY FUTURE LAND USE OR PLAN CATEGORY ZONING ACTUAL USE COUNTY Subject County Industrial Limited M-1 Don Olson Tire & Auto center Property North County Industrial Limited M-1 Vacant property County Industrial Limited M-1 Light manufacturing & industry South City Industrial Limited IL Limited industrial facility East County Industrial Limited M-1 Light manufacturing & industry (Scandia Technologies Inc.) West County Industrial Limited M-1 Light manufacturing & industry (Harbor Reloading & Supply) ZONING RESTRICTIONS DESCRIPTION EXISTING :: :::RAC UtREM?NTS':<>'. Density 11# rA.">.` < :,: NIA Lot Area 20fJ04`..Sq:ft:' 178,431 sq. ft. Lot Width at 100rriin540 ft. setback line Depth iti(n330 ft. Floor Area Ratio . ' 075`:ma:: -"< NIA The Planning and Zoning Board held a public hearing on this application on October 31, 1995, after which they unanimously endorsed the proposed Annexation, Future Land Use Plan Amendment to Industrial Limited, and Zoning Atlas Amendment to Limited Industrial (IL) to the City Commission. OTHER REQUIRED REVIEWS AGENCY YES NO Pinellas Planning Council/Countywide Planning Authority X Florida Department of Community Affairs X ABBREVIATIONS: IL Limited Industrial (City) M-1 Light Manufacturing & industry (County) u.p.a Residential units per acre a9523.cc a_pNNit De-lf_'L7`reiT TO 93139424174 ?,33 5cp-Y9-Y3'75 ]1=?3 =?Ot'1 PSTZTIOH FOR AtiN%XhT1G9 City commission city of clearwater P.O. BOX 4748 z cleat?+ater, Florida -;! === Cotamissioners We, the undersigned, being all owners at the described real property, contiguous to the present boundaries of the city of Clearwater, and situated in an unincorporated •rra o[ Pinellws County, rlorida, do hereby request that said property be annexad into the corporate limns of the City of Clearwater, Florida. --I He herraby further raquest that said property ba zoned and classified under the Zoning ordinance of the City of Clearwater, as ant forth on the following page. Attached hereto is a currant survey at the described property, (if it is unplatted), together with a certificate of title from a title company, a copy of the deed or a ].litter 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 adviaad of, understand and in consideration of annexation, utility services, and other good and valuable consideration, do hereby agree and covenant as follows: i. a1i structures and improvements which are erected upon said property subsequent to the date of this petition tar annexation shall comply with -all applicable city of Clearwater requlations and ordinances as snt forth in the City Codt of ordinances; 2. to convey such recreation land, recreation kacilities and open space land dedication and/or tees its the amount and mrnnor prescribed by Division 2 and 3, Chapter 116, Article Iv of the Clearwater coda at ordinancea; and 3. when any ,substandard abutting street 'ox 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 wr hevr read and examined all of the statements and allegations in the foregoing Petition including attachments and after being duly sworni deposOd and say that such statements are correct, complete and true and voluntarily soda with full knowledge thAraof. STATE OF FLORIDA } COUNTY Of PINELLAS } subscribed and sworn to before ne this 4)0dsy of 199. My Commission Expires: s/+/Ip1 '.wO 00'. Notary VAL RIC,FRENCH * LAy C?CC4W47 E.n... rr.y. a, t DaG h N u?? I I 41 SEp-19-1395 11:70 FROM PLf*"ING q DEt1ELD'VENT TO 9B139424174 P.05 CtTY Or CLEAIIUArtR OtsrLOsUltr or t"rum5T'STATCHENT rROrEttTY 0I811CRO)! N„nw: t{orra,n Tire_ 6' Auto rap. Addresri n y Addtestf Clearwater, FL 74625 E ntrnrsEItTATIyL(S)t . Irnw,: Richard M. Bettw_tsh player "'S n r r , r Addre..r t I S. [lar.L9.?olidar AddceeRf FL ]4690 ARY OTIIER rCR50NS IIAvlttt. ANY 9llllt:lt5lllr INTrRtSt tR Slit 511tI.IriCT PROFCRTYI T.terest lot Co+ttlegont A6solvt-? IJOM• ? . Svselllo ink,rrst 11.14t tIOUICATION 145 TO UNrTIMt A COIITRACT U ISTS ran SALE Or SUNJtCT PROrtRTY. Ir S01 Cantcaet ts! ContinbenF A6solote All rwriies To ro"tr4ctr .? INDICATION AS TO uIIETIIrR TIICRC ARC ANY OPTWIJl TO MCItASt SUIIJECT rROMRTY, Ir s0: All r.rtits T DI'tiOnt INDICATION AS TO tlllr,TIICR TIIERC ARE ANY HOtrGACr.S OR LAMS ON TIIE rROrCRTY, Ir $0! Ifort3oge Ilolder('r) Lltn goldarlt) I1tnr_ t SC1L?+niSN? _ Itoot I 05168 TOTA. P.05 ORDINANCE N0. 5922-95 AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED EAST OF HERCULES AVENUE AND NORTH OF CALUMET STREET. CONSISTING OF PART OF LOTS 6 AND 7, CLEARWATER INDUSTRIAL PARK, WHOSE POST OFFICE ADDRESS IS 2021 SUNNYDALE BOULEVARD, 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: The West 120.70 feet of the East 420.70 feet of Lot 7. Clearwater Industrial Park: the West 150.00 feet of the East 300.00 feet of Lot 7, Clearwater Industrial Park: the East 150.00 feet of Lot 7, Clearwater Industrial Park: and the West 120.00 Feet of Lot 6, Clearwater Industrial Park, all according to the map or plat thereof, as recorded in Plat Book 44, Page 46 of the public records of Pinellas County. Florida. (A95-23) 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: ?? Paffe a .Akin, City Attorney eta Garvey, Mayor-Commissioner Attest: Cynthia ou eau. 7ty Clerk f1l(IIfI.IIli-. n'lr Idl;,;r pit, ORDINANCE N0. 5923.95 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 HERCULES AVENUE AND NORTH OF CALUMET STREET, CONSISTING OF PART OF LOTS 6 AND 7, CLEARWATER INDUSTRIAL PARK, WHOSE POST OFFICE ADDRESS IS 2021 SUNNYDALE BOULEVARD, AS INDUSTRIAL LIMITED: 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 7HE CITY COMMISSION OF THE CITY OF CLEARWATER. FLORIDA: ection 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 See Exhibit A attached. (LUP95-28) Industrial Section _2. This ordinance shall take effect immediately upon adoption. contingent upon and subject to the adoption of Ordinance No. 5922-95. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal s ffici rlcy: Name i a K AK'I fl City Attorney Rita Garvey Mayor-Coirmi ssi over Attest: Cynthia , GOLI eau City Clerk 6py7-ID6? J• 20 t 18 c . L _ PROPOSED ANNEXATION LAND USE PLAN CLASSIFICATION and ZONING OWNER ry1 0 R G A 0 -T t iQ E. G A uT'O', 1 tJ C.,. APPLICANT DON OI_Sot.! t I A1C. 'LAND USE PLAN ZONING COUNTY INDuS7dzIAU Um 1-TED m -1 CITY WO VS-TAI Wt LI M I-T C D IL A.g15 - 23 PROPE.KTY DESCRIPTION PART LO-CS G rzI 7 CLUJ twD ?AZ14, ii RIGHT OF. WAY L4. I C) ACRES ACRES it PLANNING and -'ONING BOARD _ CITY COMMISSION SECTMH Q 7UwN5H1R --q s RANGE 1 C ATLAS PAGE 2t?2 ORDINANCE NO-5924-9 5 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED EAST OF HERCULES AVENUE AND NORTH OR CALUMET STREET. CONSISTING OF PART OF LOTS 6 AND 7, CLEARWATER INDUSTRIAL PARK. WHOSE POST OFFICE ADDRESS IS 2021 SUNNYDALE BOULEVARD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LIMITED INDUSTRIAL (IL); 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: Pro pert Zoning District See Exhibit A attached. (A95.23) Limited Industrial (IL) 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. 5922-95. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and le a sufficiency: Fame 1 a R. Min City Attorney Rita Garvey Mayor-Commissioner Attest: ynt is ou eau City Clerk OrM nonce ho. 5924.95 I '3 LEGAL DESCRIPTION The west 120.70 feet of the East 420.70 feet of Lot 7, Clearwater Industrial Park: the West 150.00 feet of the East 300.00'feet of Lot 7, Clearwater Industrial Park:. the East 150.00 feet of Lot 7, Clearwater Industrial Park: and the West 120.00 Feet of Lot 6, Clearwater Industrial Park, all according to the map or plat thereof, as recorded in Plat Book 44, Page 46 of the public records of Pinellas county, Florida. (A95-23) ! EXHIBIT A (Irclln?u?ro l?n. 5n1a-4i? T •y 'Y I L E .Y 6067-M. 20 18 c L PROPOSED ANNEXATION LAND USE PLAN CLASSIFICATION and ZONING OWNER MORG A O 'TtQE G AvTOI I IV C. APPLICANT DON OLSOIJ , I A1G LAND USE PLAN COUNTY lWUU<7P-kAL. LIMI7Eb CET.Y k0oV4`Tpt 14L LI64417 Ea ZONING A 9 S -- '2? PROPERTY DESCRIPTION P A PUT L O `C S 6 EI 7 CLW iWD VARY y. 10 F C R E S RIGHT OF. WAY 1L AGR8.5 PLANNING end ZONING BOARD CI'rY COMMISSION o t 70WHSHIP -Lq 3 RANGE 1 S PAGE ATLAS 2 G 2 sZ -Sbt/ I I r I I g wa Y, 1 a vim, ? g or ` j ?•-•??-?••• -e. wen. .v7•r.rw 1 y •1 ¦•n e'f• s? S lr?c a+r rHO U• a• ? 1 ?! ? ! 5 I I 2 a ?} U tzt w ?.•? 'lr• rl].ri rr '}a. al orv+a? ? 1nr ?.1. .wvwa.. ??• ]?• YY\Il wIM lYa.gM 77.wr M 1*• ,} ,n llr I I ' 0 o b t o o4 I I ? il 'IX O I // ? I a u ! r~ ? 1 ` Vf a ?b t ! I % .* Item # Meeting Gate: 1' it Clearwater City' Commission 9 GM Agenda Cover Memorandum SUBJECT: Petition for Annexation, Future Land Use Plan Amendment, and Zoning Atlas Amendment for 7 Dorado Place; Owners: Roy S. Sachse & Renae Sachse (A 95-24 & LUP 95-29) REC0MMENDATI0NWOTI ON: Approve the Petition for Annexation, Future Land Use Plan Amendment to Residential Low, Zoning Atlas Amendment to Single-Family Residential "Four" (RS-4) for Section 24-29-15 and M & B 11107, and pass Ordinances No. 5926-95, 5927-95 and 5928-95 on first reading. ? and that the appropriate officials be authorized to execute same. SUMA ARY OF THE REQUEST: PROPOSED REZONING PROPOSED ZONING DISTRICT Single-Family Residential "Four" (RS-4) PROPOSED FUTURE LAND USE CLASSIFICATION Residential Low REASON FOR REQUEST ? Sewer Service ® Sanitation Service NOTE: No City sewer service is available for this property. ASSESSED VALUE OF SUBJECT PROPERTY $ 120, 800.00 Reviewed by: Originating Dept: Costs: S NIA Commission Action: Legal N/A CENTRAL PERMITTING Total ? Approved Budget N!A Purchasing N/A 5 ? Approved w/conditions Risk Mgmt. / User Dept: Current Fiscal Yr. ? Denied N A ? Continued to: ACM Funding Source: Other N/A © Capital imp. Advertised: ? Operating Attachments: Date: 10/17/95 & 10/26/95 TAMPA TRIBUNE P 17 Other ORDINANCES NO. 5926-95, 5927- 95 & $928-95 aper: LOCATION MAP O Not Required Submitted by: Affected Parties PETITION ® Notified Appropriation Code: 13 None City nape ? Not Required 0 Printed on recycled paper A 95-24 & LUP 95-29 Page 2 EXISTING ZONING AND FUTURE LAND USE OF APPLICANT`S AND SURROUNDING PROPERTIES LOCATION IN CITY FUTURE LAND USE OR PLAN CATEGORY ZONING ACTUAL USE COUNTY Subject County Residential Low R-3 Single family residential Property North County Residential Low R-3 Single family residential City Residential Urban RS-8 Single family residential South City Residential /Office OL Residential/Office General General East County Residential Low R-3 Single family residential West County Residential Low R-3 Single family residential ZONING RESTRICTIONS DESCRIPTION RS-S EXISTING :RGUREIVI17S` `:: REQUIREMENTS Density 7.5 u.p.a. max. 1.8 u.p.a. R ident60 I ctvtir <L Lot Area t'rt}4<s <ft.<.rEi?n>:` 5,000 sq. ft. min. 24,600 sq. ft. Lot Width at 50 ft. min. 150 ft. setback line Depth 80 ft. min. 164 ft. The Planning and Zoning Board held a public hearing on this application on October 31, 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 "Four" (RS-4) to the City Commission. The staff has received the attached petition from several surrounding property owners who oppose this request due to concerns about the sanitation service. None of these persons spoke at the Planning and Zoning Board meeting. A 95-24 & LUP 95-29 Page 3 OTHER REQUIRED REVIEWS AGENCY YES NO Pinellas Planning Council/Countywide Planning Authority X Florida Department of Community Affairs X ABBREVIATIONS: R-3 Single Family Residential (County) RS-4 Single-Family Residential "Four" (City) RS-8 Single-Family Residential "Eight" (City) OL Limited Office (City) u.p.a Residential units per acre i A9524.cc 41 city Commission city of Clearwater P.O_ Box 4748 Clearwater, Florida Commissioners: PETITION FOR ANNEXATION I??U D OCT 0 2 1995 CENTRAL PERMFMNG C%TV OF CLEARWAXER 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 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 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: 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; 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 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 ) COUNTY OF PINELLAS ) Subscribed and sworn to before me this A T "day of 299 S . My Commission Expires: ?\??,?`??pgt1?JA?F????????J Notary T Z.1 s t T. $CC 433926 . j, CITY OF CLEARWAT'ER DISCLOSURE OF INTEREST STATEMENT PROPERTY 014HER(S): r Name : S E Name W-P, _, Address: Address, Qp EL __j 12L Name: Name: Address: Address: ANY OTHER PERSONS HAVING ANY OWNERSHIP INTEREST IN THE SUB.)BCT PROPERTY: Interest Is: Contingent Absolute Name: `V 0 [? P, , Specif lc Interest Ileld:' INDICATION AS TO WHETHER A CONTRACT EXISTS FOR SALE OF SUBJECT PROPERTY, If SO: Contract Is: Contingent Absolute All Parties To Contract: Name: V Neme: INDICATION AS TO WII£TIIER THERE ARE ANY OPTIONS TO PURCHASE SUBJECT PROPERTY, IF S0: All Parties To Option: Name: 0 • Name: INDICATION AS TO MIETIIER THERE ARE A14Y MORTGAGES OR LIENS ON THE PROPERTY, IF SO: Mortgage lolder(s) Lien Molder(s) Name: ?M'CP1LGw„ -njE)jLjjApA= Al L FFtV4M-ANb.2 F 5 1 0 V CENTRAL PERMITTING CITY OF CLEARWATER 05/88 : r E i ORDINANCE NO. 5925-95 AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED WEST OF BELCHER AND NORTH OF LAKEVIEW ROAD. CONSISTING OF M&B 11/07. WHOSE POST OFFICE ADDRESS IS 7 DORADO PLACE. 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. (A95-24) 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: dame a in City Attorney Rita Garvey Mayor-Commissioner Attest: Cynthia ou eau City Clerk Ordlwnm W. 5726-95 ORDINANCE N0, 5927.95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA. AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED WEST OF BELCHER ROAD AND NORTH OF LAKEVIEW ROAD. CONSISTING OF M&B 11/07, WHOSE POST OFFICE ADDRESS IS 7 DORADO PLACE, 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 Cate-gory See Exhibit A attached. (LUP95-29) Residential Low Section 2. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 5926-95. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and leg) sufficiency: a ea K. Akin City Attorney Rita Garvey Mayor -Commissioner Attest: Cynt is E. you eau City Clerk Ordinanco 5927.95 ORDINANCE NO. 5928-95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED WEST OF BELCHER AND NORTH OF LAKEVIEW ROAD, CONSISTING OF M&B 11/07, WHOSE POST OFFICE ADDRESS IS 7 DORADO PLACE, UPON ANNEXATION INTO THE CITY OF CLEARWATER. AS SINGLE-FAMILY RESIDENTIAL 4 (RS-4): 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 See Exhibit A attached. (A95-24) Zoning District Single-Family Residential 4 (RS-4) Section 2. The Central Permitting Director is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the adoption of Ordinance No. 5926.95. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and 1e al sufficiency: Pamela K. Akin City Attorney Rita Garvey Mayor-Commissioner Attest: Cynthia ou eau City Clerk ordinance No. 5728.95 j LEGAL DESCRIPTION 1, Begin at the NE corner of Section 24, Township 29 South, Range 15 East, and run thence S 0°01'41" E, 1144.80 feet, along the section line: thence N 89°03'44" W, 200.0 feet for the point of beginning: thence continue N 89°03'44" W, 150.0 feet; thence S 0°01'41," E, 194.0 feet; thence S 89°03'44" E, 150.0 feet, thence N 0°01'41." W. 194.0 feet, to the point of beginning, reserving therefrom the Northerly 30.0 feet for road and utility purposes. EXHIBIT A 1231 6 209 202 20: 204 1325 205 206 207 208 PROPOSED ANNEXATION LAND USE PLAN AMENDMENT and ZONING WHER ROY S. RENAL S(N Gt-15E A 95- ZH ? -PL rcArrT . 1 PROPESTY D!'•rSCSIPT`ION A 1? Q pa rNTXP% Low 17 '+ tZr S1 Da r.J i I tq L Low P-1 Li aLAHNING and ZONING ©OAnD CITY COMMISSION C).C; 7 }SIGHT OF WAY LuP 95 - z9 Arlnss ACRES .-. .. ..,. r, ., ., c. I .? c, A i L n7 rnuc JvJU t-a I 51 nblw Family S ? J i? •3ij '?SNL^pUC? b - u L i( ?t t C L?s- rz?t S r 1 *1 i r , Lot 7: in question. J Lot 8: Charles and Betty Kerekas ?Xt-64 u ? ?` - -kf Lot 2: Merwyn and Mcrilyn Jasseli , , Cam?/ ? ,??ff•G? -Jt ?l j Lot 3: Vernon and Susan 1 lasscll Lot 4:1-1. Coleen Marshall and Gary S. Perkins ?f/ 10K Lot S: Wiley Gehren- Lot 6: Roger and Mary Clktn Spent City Clerk-City ofClearwater The residents of Dorado Place appease the annexation of lot 7 of Dorado Place into the city of Clcanvater. Say we all: Lot I • Mary Kostos , 4.0L___ If the city considers annexation we request that the garbage collection, recycling and trash, be picked up on Lakeview Ave., not our private street, Dorado Place. *4 f, ocrsitss CENTRAL PERMITTING CITY 2F CLEARWATER AEcmVED NOV 0 3 1995 Coy CLERK DEff- 4 AC;fEN-'DA'l DATE / f .. ? Item if Clearwater City Commission ti Meeting Date: ?- Agenda Cover Memorandum f ? .G?15 SUBJECT: Petition for Annexation, Future Land Use Plan and Zoning Atlas Amendments, and 't'ransfer of Development Rights for 20162 U.S. 19 North; Owners: Asa J. Lewis & Katherine G. Lewis; Representative: Donald McFarland, Esq. (A 95-25 & LUP 95-30) REC0MMENDATI0NNOTION: Approve the Petition for Annexation, Future Land Use Amendment to Residential Urban and Zoning Atlas Amendment to Multiple-Family Residential "Eight" for Sec. 18-29-16, M & B 44104, and pass Ordinances No. 5929-95 and 5931-95 on first reading. > Approve a Transfer of Development Rights from Parcel 2 (Sec. 18-29-16, M & B 44104) and Parcel 1 (Sever Park, part of Lot 3) to the "main" motel site (Sever Park, all of Lot 2) as the guidelines for review of such transfers as provided in Section 42.06(5) have been met. ? and that the appropriate officials be authorized to execute same. BACKGROUND: ANNEXATION. The subject property is a vacant lot located approximately 200 feet west of U.S. 19 North and south of Druid Road. The applicants wish to annex in order to construct a non-commercial parking lot on the property. It is contiguous to the City limits and has an assessed value of $30,600.00. The property is presently zoned General Retail Commercial and Limited Services (C-2) by the County and has a Countywide Land Use Plan Classification of Residential Urban. It is proposed to assign the property a City zoning of Multiple-Family Residential "Eight" (RM-8); the Countywide Future Land Use Plan Classification of Residential Urban would not be changed. The subject property will be a part of the existing Suncoast Inn at 20162 U.S. 19 North if the annexation is approved. The owners of the motel are in the process of purchasing this property. The applicants intend to combine the subject. lot (shown as Parcel 2 on the attached map of the entire motel site) with the rest of the motel property to the south. A site plan for the combined properties has been submitted to the Development Review Committee (DRC) for review. The proposed non-commercial parking lot would be a conditional use if the application is approved. Reviewod by: Legal Budget Purchasing N/A N/A N/A Originating Dept: CENTRAL PERMITTING Costs: fN/A Total S commission Action: ? Approved ? Approved u/conditions Risk Hgmt. _ N/A current Fiscal Yr. ? Denied CIS N ? User Dept: ? Continued to: ACM 3 ?ic? /? Funding Source: other _ N/A _ ? capital Imp. Advertised: ? Operating Attachments: Date: 10/17/95 & 10126/95 © other ORDINANCES No. 5929-95, 5930- Paper: TAMPA TRIBUNE 95 & 5931-95 ? Not Required LOCATION HAP Submitted by: Affected Parties ® Notified Appropriation Code: ? None City 146na$e ? Not Required R Printed on recycled paper A 95-25 & LUP 96-30 Page 2 TRANSFER OF DEVELOPMENT RIGHTS. Concurrent with the annexation of Parcel 2, the applicants are requesting a transfer of development rights from o1a tb. Parcel 1 and Parcel 2 to allow a total site development of 76 motel rooms plus a manager's dwelling unit. Transfers of development rights must be approved by the City Commission as provided under Section 42.06 of the City Code. The proposed transfer meets the requirements of this section with regard to ownership and density. The western portions of both parcels are wetlands while the east segments consist of upland areas with varying elevations. Stormwater quality treatment and attenuation will be provided in the wetland. A conservation easement will be provided on the west side of the parking area to limit future development in the wetlands. The proposed development will have a positive impact on the public interest and would deter the use of this overgrown vacant lot as a dumping area and as a camping ground for transients. Environmental Management recommends that an application to rezone the jurisdictional wetland portion of the property to "Preservation" be submitted prior to the issuance of a Certificate of Occupancy for the parking lot. The applicant has agreed to this request. Staff recommends approval of the transfer because the guidelines for review of Section 42.06(5) appear to be met. The subject property has unique conditions - the parcels from which the development rights are being transferred are environmentally sensitive (Sec. 42.06(5)(a). No established standards are compromised by the transfer (Sec. 42.06 (5) (b). A public benefit is created because, after the transfer, the environmentally sensitive portions of the site will be placed in the "Preservation" zoning and land use plan classifications to ensure their future protection (Sec. 42.06(5)(c)). The cited policies of the Comprehensive Plan are forwarded by this transfer since environmental and open space areas are preserved (Sec. 42.06(5)(d)). The Planning and Zoning Board held a public hearing on this application on October 31, 1995, after which they unanimously endorsed the proposed Annexation, Land Use Plan Amendment to Residential Urban and Zoning Atlas Amendment to Multiple-Family Residential "Eight" (RM-8) to the City Commission. Pertinent information concerning the request is summarized in the tables on page 3. A 95-25 & LUP 95-30 Page 3 EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND SURROUNDING PROPERTIES LOCATION IN CITY FUTURE LAND USE OR PLAN CATEGORY ZONING ACTUAL USE COUNTY Subject County Residential/Office C-2 Vacant lot to be developed Property General North City Residential/Office OGICH Residential/Offices/Commercial General facilities City Residential/Office OG Retail establishments South General City Residential Urban OG Offices, General retail services East City Residential Urban CH, Highway Commercial retail West County Residential/Office C-2 General retail commercial and General limited services ZONING RESTRICTIONS DESCRIPTION OG EXISTING .REQUIREMENTS"`' :' REQUIREMENTS Density Y :........:: :...:..:..........:........? I?.....:::: Lot Area .;<<9QOQj sq'=#t r'°:<;:. 10,000 sq. ft. min. 20,002 sq. ft. Lot Width at >`9D:ft:? mi 100 ft. min. 100 ft. setback line A .1 Depth °13ft:imiirr> 100 ft. min. 100 ft. Floor Area Ratio '':NfA>:..` 0.4 max. NIA OTHER REQUIRED REVIEWS AGENCY YES NO Pinellas Planning Council/Countywide Planning Authority X Florida Department of Community Affairs X ABBREVIATIONS: C-2 Commercial, General Retail & Limited Services (County) OG Office General (City) CH Highway Commercial (City) RM-8 Multiple-Family Residential "Eight" (City) u.p.a Residential units per acre a9525.cc .? U I Rxo t ID 622 •.. ?•«. -i ?. .-:.. ? :?: ? 530 02 710 ??h 71sY.°r? 720 OG 7 P/SP 12Ll 2yS Hof;n :.!i•1.?•`?r?•f?n+• ::=z: •11/12 20332 ch tit/t? 33,1-711 ROAD g 3262-6u Mill. ? 44/g1 PARCEL 2 P02sa a 3 PARCEL 1 44/02 20224 •y' ;=? .Y a .RrLr N N N N N Cj p O r ' M. 1}.1. e N N N N N N rl N N !`! C+ N {`_ 15 - 71 • L M M n n .NM M 11 r N M YOS 41 ?'•R'' (ir N N 2. N N .,?.'=??8i 1 Y. '? - m b Y N Nr r4 v Y X15 n n M M M h .. r1 a OM h pn '? O M 4 rl O O Y W Y Y N Y Q K 03 0 p •i p .f 'pirl tj s N h eR N ? w of N v1 eNa r Lo N r, 0 e^ M N N Q? e 10 r, N fV 1ti h 1ti N N N n n n m b 6 m ??C4 N N N k 11 F "" :' EASE. 8 _7 li. vti 11/02 10 9L-1 4 `? h VS h v1 .°n ° V°1 1 G h YI W U -m In O Q r7 O en p h O vl ? ep +p ea m to io ,p to O o 1,2 1 n I EXISTING SUNCOAST INN PROPERTY r:,d ti I 2nr52 '' m znD?a COTS?O RitAr colt lnsos 20.5 Q 32/43 -0 •w Y F M Y r: n Y 4 b ? t~ v r, 1?0 20073 1n w 20000 ' z 1 ? I O Cb SUNCOAST INN - TDR AND ANNEXATION V7 R 19985 Z w g (Y3 i I 19 919 i 1 100 1ao 7- 10 PETITIOM FOR AITH XATIOU ' ?'?' 0C? 0 3 1995 City commission City of Clearwater CENTRALPeRMi7TI P. o, pox 4740 CITY O C __ARWA1 Clearwater, Florida Commissioners: We. the undersigned, being all owners of the described real property, contiguous to the present bouaadsaries 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, Fas.net forth on the following page. Attached hereto is a current survey of the described property, (if it is unpl.atted), 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: 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; 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. i STATE OF FLORIDA ) COUVTY OF PINFLLAS ) Subscribed land sworn to before me this ;Fd?•day of / •_lGE =aa $ . My Commission Expires: , Notary USA FISDGEL WT OOMYtIS810N 0 cc 201844 D071iE5: Jinn 21I. , IM? l?Y1IM NdfrylWa iA?A?+ka 114 10/23/U s 15:42 e813 733 147b "ALKLIt & ASSO. Ln :D :D C} = ;U K7 = U17 Walker & Associates, Inc. Consulting Civil Engineers 1585 Main Street, Dunedin, Fl. 34698-4651 October 23, 1995 City of Clearwater 10 South Missouri Avenue Clearwater, FL 34616 FAX 462-6476 Attention: Val Mahan Gentlemen: RE: Suncoast Inn Transfer of Development Rights Confirming our verbal request of October 12, 1995, we hereby formally request the Transfer of Development Rights, from parcels 1 and 2 as shown on the Site Plan for the referenced project to the existing motel site. If you need any additional information please advise. Sincerely, W.D. Walker PE, PLS Project Engineer Civil Engineering *Planning a Surveying & (8I3) 733-1400 Z001 Ji -f? - SECTION 18, TOWNSHIP 29 SOUTH, RANGE 16 EAST iu OCT 0 3 1995 e CENTRAL PEAMITTfNG rlff? ^--•-- --tt - DRUID R0AD S.89' 19'03" E. 199.4.4' O N 0 O 0 C7 I a O N In I° C S 3.99, 1910s, E. 200.01Y N N a N.89' 19'03" W 8 I . 75 00' 0 O . va Z ?• 1! 70' Mr w.. N m •-- ARCEL .TO - BE ANNEXED N.139' 19'US"w. 104.11' Q , NORTIIEAST CORNER LOT 2 SEVER PARK W89'19'03"W. 4- , 125.84' 00 00 :- 1n O vi N.(39'1 9'03"W ' rn 1 15.3 U' '? 0 = gal z SOUT11 AST CORNER OF SECTION 18. TOWNSHIP 29 SOUTH, RANGE 16 EAST ---"` LEWIS PROPERTY, -- SEVER PARK BOUNDARY PLAN Will'! MIS 1 11111 A SURVEY. s vinritrnrn+s Masrr?ren sin'n?m?r N.: liei --?-- DOUNDARY PLAN 4 42.06 CLEARWATER CODE (e) Properties not in a, single location or con. tiguous, yet under the same ownership, the property to which rights may be transferred not having been developed to the rnnxisnum use permitted under the nssigned land use plan classification. t4) Procedure. Any proposed transfer of devel• opment rights as identified in subsection {2} shall be processed in accord with the following: (a) Only the city commission may authorize the transfer of development rights and only through the course of site plan review and approval consistent with the provisions therefor contained in chapter 43 and con- 1 sistent with such review considerations as they may be further amplified in this sec- tion. i (b) Any proposal for a transfer of development rights shall be requested at the time of ap. plication for preliminary site plan approval, (c) Upon receiving a request for a transfer of development 'rights and a preliminary site plan delineating the manner in which the property is proposed to be developed uti. lizing such requested transfer, the city com. mission may,' for the purpose of providing direction on 6e request at hand, give pre. liminary authorization or denial of the transfer and site plan as determined appro. priate and consistent with all review guide. lines identified in this section and chapter 43. ld) Upon review bf a final site plan, the city commission may authorize final approval, in %vhole or part, or denial of the requested transfer. Any action by the commission to approve the requested transfer shall be so noted on the certified site plan together with any conditions of approval. (e) Any property owner who has had such transfer authorized by the city commission shall record a covenant orlother appropriate legal instrument with the cleric of the cir• cuit court sons to constitute n public record, setting forth the details -ind the conditions of any transfer of development rights. (b) Guidelines for reuietu. In reviewing any re- quest for transfer of development rights, the city commission shall take into account the following: (a) The unique limitations and conditions char- acterizing and affecting the property from which and to which the development rights are proposed to be transferred. Such unique limitations and conditions may include but are not limited to characteristics of the prop. erty such as lot size, location, configuration and access; physical characteristics such as topography, soils, vegetative cover, environ• mental sensitivity, wildlife habitat and water bodies; and regulatory measures and restraints as they relate to the characteris- tics of the property and its ability to be used in a reasonable manner. (b) The ramifications to the site plan as a re- sult of the transfer relative to open space, building bulk, height and setbacks, as well as related site improvements, such as parking, recreation and service areas. It shall be the objective of this criteria to pre- clude the wholesale departure from any single or combination of established stan- dards for the foregoing factors as a result of a requested transfer of development rights. The city commission shall evaluate and make a finding of fact as to the extent of, departure from any applicable standard that is necessitated by such transfer, the acceptability or unacceptability of such de. parture as it relates to the site plan in ques- tion and the reasons therefor. (c) The public interest and benefit, if any, as such interest and benefit may be impacted by the proposed transfer. Such public in- terest. and benefit may include but is not limited to preservation or enhancement of significant environmental features, open space, recreational opportunities, commu- nity appearance, aesthetics, views, traffic flow or control; beneficial relationship to adjoining uses, specific target neighborhood or redevelopment objectives, resource and energy conservation; and diminished re• quirements for public services and utili- "t.ies. CD42:6 UNIFORM DEVELOPMENT REGULATIONS (d) In reviewing a request to transfer develop- ment rights across land use plan boundary lines, the city commission shall be guided by policies 22.2.7 and 24.4.2 of the compre- liensive plan, which promote the transfer of development rights to protect wetlands and other natural resources, and encourage the creative use of open spare and develop- ment practices to provide visual relief from urban monotony. The city commission shall not approve any transfer of development rights where a finding has been made by the commission that such transfer would be detrimental to the public interest bused on safety, economic, environmental, recreational or community appearance considerations, and the commission shall not approve any transfer of de- velopment rights to a noncontiguous property which would establish a use that is not consistent with the Innd use plan. (6) Densitylintensity. la) For parcels receiving density/intensity transferred from seaward of the coastal con- struction control line, the density or inten- sity of uses available for transfer shall not exceed the maximum allowed on the ad- joining property. (b) For other parcels, as approved by the city commission in authorizing the transfer, con- sistent with the density/intensity standards of the applicable zoning districts and com- prehensive land use plan classifications. (7) Developments with transfers and variances. The following shall apply to developments for which transferred development rights and one or more variances from the otherwise applicable di- mensional and numerical development require- ments contained in this development code are pro• posed: (a) The city commission shall not approve a request to transfer development rights where the use of the transferred develop- ment rights requires a variance from any other provision contained in this develop- ment code relative to building setback, building height., floor area ratio, waterfront clear spnee, offstreet parking, building cov- Sul}P, No. G § 42.21 erage, open space, or any like requirement. The proposed transfer of development rights shall not under any circumstance consti- tute legitimate grounds for establishing practical difficulty or unnecessary hard. ship and the development code adjustment board or the hearing officer shall not con- sider the conditions resulting from such pro• posed transfer as a basis for n variance. (b) No variance shall be effective where the variance is dependent upon a transfer of development rights. The city commission shall reserve all rights with respect to any transfer of development and shall not for. feit or waive its'prerogatives pursuant to this section irrespective of any variance that may have been authorized by the develop- ment code adjustment board or the hearing officer. (8) Transfers authorized prior to this develop- ment code. The provisions contained in this sec- tion pertaining to transfer of development rights shall not preclude the initiation and completion of buildings authorized under a certified site plan prior to the adoption of this development code pro- vided the certification remains valid and in force pursuant to the time constraints contained in the conditions of certification. (Code 1980, § 136.011; Ord. No. 5030, § 1, 10.4.90; Ord. No. 5296.92, § 4, 9-16.93) ARTICLE II. UNIFORM REGULATIONS Sec. 42.21. Nonconformities. (1) Purpose. It is recognized that, over time, lawful nonconformities inay develop as a result of amendments to the zoning atlas or land develop- ment code which change the application of city development regulations to particular properties. It is important that such properties, while non- conforming, be adequately maintained and per- mitted to continue, but not expanded or enlarged. Where possible, such nonconformities should be made, wholly or incremetally, conforming. (2) Application. The provisions of this section ripply only to lawful noncon formi ties, except as noted below. Unlawful nonconforiities are con- CD42:7 ORDINANCE NO. 5929-95 AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA. ANNEXING CERTAIN REAL PROPERTY LOCATED WEST OF U.S. HWY. 19 AND SOUTH OF DRUID ROAD, CONSISTING OF M&B 44/04, 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. (A95-25) 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: aea in City Attorney Rita Garvey Mayor-Commissioner Attest: Cynthia ou eau City Clerk Ordinance No. °,929-95 ORDINANCE NO. 5930.95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA. AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED WEST OF BELCHER ROAD AND NORTH OF LAKEVIEW ROAD, CONSISTING OF M&B 44104. WHOSE POST OFFICE. ADDRESS IS P.O. BOX 3. SUFFIELD. CT. AS RESIDENTIAL URBAN, 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 Cateao_r_y See Exhibit A attahced. (LUP95-30) Residential Urban Section 2,. This ordinance shall take effect immediately upon adoption. contingent upon and subject to the adoption of Ordinance No. 5929-95. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal uffi iency: G Pamela Ain City Attorney Rita Garvey Mayor-Commissioner Attest: Cynthia E. GOLIdeaLl Ci ty Clerk Ordinance No 5930.95 ORDINANCE NO. 5931-95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,- AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED WEST OF U.S. HWY. 19 AND SOUTH OF DRUID ROAD, CONSISTING OF M&B 44.04, UPON ANNEXATION INTO THE CITY OF CLEARWATER. AS MULTIPLE-FAMILY RESIDENTIAL 8 (RM-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: Pro ert See Exhibit A attached. (A95-25) Zoning District Multiple-Family Residential 8 (RM-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. 5929-95. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to.form and legal sufficiency: LfL dame a i n City Attorney Rita Garvey Mayor-Commissioner Attest: Cynthia ou eau City Clerk orwilinm W]. 5931.95 I , - LEGAL DESCRIPTION From the Southeast corner of Section 18, Township 29 South. Range 16 East, go N 01°03'04" E 1093.27 feet, thence go N 89°19'03" W 115.30 feet to the Northeast corner of Lot 2 Sever Park as recorded in Plat Book 90, Page 59 of the records of Pinellas County; then continue N 89°19'03" W 184.71 feet. Thence go N 01°03'04" E 100.00 feet to the Northerly boundary of Sever Park for the Point of Beginning. From the Point of Beginning go S 89°19'03" E 200.00 feet, thence go N 01°22'22" W'.100.01 feet to the Southerly right-of-way line of Druid Road, thence go, along said right-of-way line S 89° 19' 03" E 199.44 feet thence go S 01°03'04" W 100.01 feet to the Point of Beginning. Exhibit "A" 11 `..t J`' t rJ 710 0 G 2019 p, a, 'A 331.}- 9• ]3+k..211 00 P 1 s p DRUID (ROAD ?^6t+1?y ]161-Tu ``»•'?:.::Lk. :?i;t+?{?"?^?•,r'3s '--?.'?r:? :'t'.i:?,??4•r?04t??;.`r :".r•._w.: 4.d.?0?' .i4/O1 q I... in 51' tM ri• J +v. '?..?2.ti.{y keei? r? y. ',5•F7.R?:f}i'ti• X14 R^.02.Jg M1 wzo-sv 44/02 h O7 C ? u? D tl ? wy C C 4 a [ R 0 2 3 mitts: sr N ri I N " pit 2 C O O " i 1f=!{Y i f "v N M N ?,?, ?'» N N N Ik N N N N N N N [y N n r•? ?:?'sjyl?."???q .-•=,rrl Q .? O N n O N N ?? ° $ ,?,OTE2 "' Y :Xr`J"r C.t t','? n rt n n n n rt '^ n n n ?9.x7llr?'':T.vr,..,r :=•f •r' ? 9 100 ?2005 ?""•'? ??;••f.' Ef 'J1 Y h K N N r iL1 M ... 0 n O p h n •] rt 1) t n M h n n n '7 t`7r•,? •.z. .. .i. 1 ? ,a y N ° ? '? ? r a m a o fion60 1705 •' a .?r? •. Y Y Y Y T T Y T Y T Y Y 20001) ?`! 'r? .at h n .°n +41) to kAf- ??.r ? ? m f. v7 n L ?' N `v N N N R K N N N b N .p .O b b t. n I ., rr 4- a .o a 'o ? w a e g w L21 Q! - • Ld 1399 ? in E 14 i 1 O PROPOSED ANNEXATION LAND USE PLAN CLASSIFICATION and ZONING owHeR 4 ??? ! S, A S ?, ? G APPLICANT 'LAND USE PLAN ' ZONING C0IJHTY RESI0 15NT1 A L ucREAN CITY RE5tD:?,J-rIAL UR-50N P, m B A.R5- 25 PROPERTY DEscRIPTIDN C 'B L( y r U RIGHT OF. WAY • ! ACRf;S PLANNING and ZOFItflG BOAFID CITY CO?.M155JOH ~ I b b b W d• .4 W ? o Q T` ? TpW1I5111F)-- 'Zq 3 RANqE ,FATLAS, 3nOE 2•4 Q SECTION 93 ? ,.. _5Z -S b U ?` ?? rrr/.Uwr'1 of'. -- tl/t r t pk W tlr wuU/ ?I k -or?-lrlot- ? ? i Lt. r w`.. k _ Iql ?r.•M• aA ." 11!•.3116 rl? tj } A a 1 1 I 1 j r r 1 1' L JI sn ?-. tlV YI.d 1J/ .?.._?-'.-...( .r,?} ?'tlY rl.a l7r .?.??iC.?.... _ .?. .YJ•y rl Y-L-. .......?? L 1 -?! OS ^ ar ?-. N. ffri7rJ'I^- (1-`J JJ\ v.. d ? ? -? rC i 31Y rAW1Y?. +? '}{V ?? c11YMO.I Wt., 1100 N ?? d SAY MW1 •JN •J•Yr10N .. (91r0 of M A 1 a`+ ~ _-•.•?• JAY JJwI•w M?• ?1rM-•. -'-.W J1.- ?'. ., +.?? 7 -)s,vf... "rI1 )Y ....-?__... if `r 1 tJ 1 y !/ u O ? s ?? •? n -?. 13 u ?, r 1 tit A"C?'t>?`? i b ;k 'IFY 44 _ r / SEE AGENDA DRAWINGS ??o Item # " • Clearwater City Commission Heating Date: P Agenda Cover Memorandum 5 SUBJECT: Land Development Code Amendment - Vending Machine Signage (LDCA 95-17) RECOMMENDATION/MOTION: Approve exempting vending machine signage from the attached signage requirements and pass Ordinance No. 5909-95 on first reading. ? and that the appropriate officials be authorized to execute same. BACKGROUND: The attached ordinance reestablishes the exemption of vending machine signage in the sign code. Until 1993, vending machine signage was not calculated as part of a property's overall signage allowance. to 1993, the code was changed to require the treatment of vending machines as "attached signs." This ordinance change created a number of problems, especially the "double jeopardy" created for properties which had previously been through City sign amortization problems but now faced a new attached sign requirement. Staff has proposed this ordinance to address this concern. Both the Development Code Adjustment Board and Planning and Zoning Board have unanimously recommended approval of this ordinance. Reviewed by: N Originating Dept: Costs: S NIA Coamisxion Action: Legal ? CENTRAL PERMITTING Total © Approved Budget - "/A !- Approved w/conditions N/A hasi P s ng _ urc 13 De i d Risk Hgmt. N/A user Oft- Current Fiscal Yr. n e Cis N/A i] Continued to: ACH :LOALL Funding source: Other _ N/A ? Capital Imp. Advertised: ? Operating Attachments: Date: ? Other ORDINANCE 5909-95 Paper: TAMPA TRIBUNE R d ? N i ot equ re Submitted by: Affected Parties Appropriation Cade: ? None ? Notified ® Not Required City age 40 Printed on recycled paper ORDINANCE NO.._5909-95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE: AMENDING SECTIONS 28.10 AND 44.08, CODE OF ORDINANCES, TO DELETE THE REQUIREMENT THAT SIGNS ON VENDING MACHINES BE REGULATED AS WALL SIGNS; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 28.10, Code of Ordinances, is amended to read: Sec. 28.10. Newsracks and vending machines. (4) Vending machines on public and private property. Vending machines installed on public and private property shall comply with the requirements of this subsection. (b) Vending machines shall be placed only on properties for which there exists a building serving a principal use. Vending machines shall be placed within a building, or may be placed outside a building if the following conditions are satisfied: a. Any sign upon the Yending Fnaelaine v?ieh is visible -f-the--p;Mises sh ! "well be deemed a 11 d' sign 1 dir of eh ui days -€elle inanee 6482 93, netwithstanding the Yending Fnaehine may aye been installed P60Fte-t e effe0tiile date ef the, airemeRts of this-stbpaFa@F8P h-,-t-he net e-veRdin-fnaehi ed-to be in non has not been -ssued for the sign. Section 2. Section 44,08, Code of Ordinances, is amended to read: Sec. 44.08. Exempt signs. The following types of signs are exempt from the permitting requirements of this chapter, provided that number, area, and other limitations set forth in this section are 1 satisfied. The area of exempt signs shall not be included in determining compliance with maximum allowable sign area requirements. Exempt signs are allowed in addition to signs for which permits are required. An otherwise exempt sign which exceeds the limitations of this section shall require a permit. (12) Machinery signs. Examples are signs on newsracks, gasoline pumps, andpubiie telephone booths. Signs on newsracks shall be subject to regulation as provided in section 28.10. A-sign building, "wall sign" if the sign is visible fFeFn eff the pfemises, not withstandiRg that-sueh sign 39 not effeetlye thiFW days following the effeetive date ef QFdinaRee 6482 138, setwithstanding that e -in the vending Fneehine Fnay have been installed PFi0F tG the effeetive date ef thn-er-di 8+g- Section 3. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. Section 4. 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: f-i k ? Pamela Akin City Attorney Attest: Cynthia E. Goudeau City Clerk 2 1• I tem tl Clearwater City Commission Meeting Date: ,? 1 ( Agenda Cover Memorandum SUBJECT: Variance to the Sign Regulations; 2545 N.E. Coachman Rd.; Decade Companies Income Properties/Town Place Apartments (Owner/Applicant); Steven D. Cooper (Representative). (SV 95-44) RECOMMENDATION/MOTION: Approve an area variance of 18 square feet from the permitted 24 square feet to allow two entrance signs with an area of 42 square feet each, on property identified as Sec. 7-29-16, M&B 11.05, for meeting Sec. 45.24 Standards for Approval, items (1)-(4). ? and that the appropriate officials be authorized to execute some. BACKGROUND: The applicant is requesting an area variance of 18 square feet from the permitted 24 square feet to allow two entrance signs with an area of 42 square feet each. The subject property is located on the southerly side of N.E. Coachman Rd., west of U.S. 19, and is in the Residential Planned Development 14 zoning district. The -variance is requested to permit the entrance signs to remain. Pertinent summary information is listed in the following table. Reviewed by: Originatino Dept: Costs: S 11/A ccmission Action: Legal NL CENTRAL P RMITTING Total ? Approved Budget N/A Purchasing NIA S ? Approved w/conditions Risk Mgmt. N cis ? User Dept: Current Fiscal Yr. E3 Denied d Continued to: ACH Funding source: CRT ? Capitol Imp. Advertised: Date: 0 Operating ? other Attachments: APPLICATION Paper: Tampa Tribune E3 N t R d i VARIANCE WORKSHEET suhmitte4k7- C i t Manager o equ re Affected Parties ® Notified G] Not Required Appropriation Code: ? None C0 Printed on recycled paper SV 95-44 Page 2 Information Existing Permitted Type of signs Freestanding (2) Yes Location/orientation of signs N.E. Coachman Rd. Yes Area 42 sq. ft. (each) 24 sq. ft. Setback 17 ft. (each) 5 ft. Height 6 ft. (each) 6 ft. BuffComments/Proposed Conditions: Town Place is identified with a sign on each side of the entry drive to the development. The signs exceed the maximum area allowed by code. Each sign is allowed an area up to 24 square feet. The Town Place signs are 42 square feet each, or 75 percent larger than the code allowance. Special circumstances support approval of the area variance to allow the signs to remain. Town Place is a large residential development located in close proximity to the U.S. 19 commercial corridor. It is 17 acres in size and is located adjacent to and across from commercial properties fronting on U.S. 19. The Town Place property is physically separated from other residential properties located to the west by the Florida Power right of way. The existing signs are not out of scale or character with signs permitted on or near U.S. 19. For example, the property on the opposite side of N. E. Coachman Rd., developed with a Wal-Mart, is permitted a sign area of 112 square feet. Most properties fronting on U.S. 19 are allowed 312 square foot signs also. The two Town Place signs are not oversized given the larger commercial signs allowed nearby. Strict enforcement of the code in this case would place a hardship upon the applicant which would be great in comparison to the public benefit derived from code compliance. SURROUNDING LAND USES Direction Existing Land Uses North Wal-Mart South City Park East Restaurant, motel, and park West Florida Power right of way The two 42 square foot entrance signs are in character with other signs permitted in this area. The signs do not divert attention from nearby uses or detract from properties that have conforming signs. Approval of the requested variance will not adversely affect the appearance of the City. SV 95-44 Page 3 Applicable Vqriance 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 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. Rele% CASE # ADDR SS NAME VARIANCES REQUESTED/ACTtON MEETING SV 93-06 1621-1627 Gulf to Bay Blvd. Connell's Plaza 144 sq. ft. add'I to allow 208 sq. ft./Denied 9128/93 SV 93-18 1800 Gulf to Bay Young's BBQ 39.5 sq. ft. add'I to allow 103.5 sq. ft./Denied 11/9/93 SV 93-34 19400 U.S. 19 Kenyon Dodge 122 sq. ft. add'I to allow 234 sq. ft./Denied 1/24/94 SV 93-41 25778 U.S. 19 Forbidden City 78 sq. ft. addI to allow 190 sq. ft./Denied 2/7/94 SV '. 19 Chevrolet 192.8 sq. ft./Denied 15.03 sq. ft. add'I to allow 127.03 sq. ft./Aperoved SV 93-48 26200 U.S. 19 Rio Bravo 30 sq. ft. add'] to allow 180 sq. ft./Denied 4/27/94 SV 94-36 2218 Gulf to Bay Mr. Submarine Mr. gyros 94 sq. ft. add'I to allow 158 sq. ft./Denied 1113194 SV 95-10 430S. Gutfview Blvd. Adam's Mark Hotel 6 sq. ft. add'I to allow 56 sq. ft./Approved 3/2/95 SV 95-21 23917 U.S. 19 U-Haul 37.6 sq. ft. addl to allow 101.6 sq. ft./Approved 4/20/95 SV 95-18 2475 Sunset Pt. Pinellas Community Bank 36 sq. ft. add'I to allow 60 sq. ft./Denied 8.8 sq. ft. add'I to allow 32.8 sq. ft./A2proved 514/95 SV 95-25 1625 N. Belcher Rd. Salvation Army Community Worship Center 24 sq. ft, add'I to allow 72 sq. ft./Approved 5118/95 SV 95-27 3060-3080 Eastland Blvd. Imperial Pines Condominium 34.8 sq. ft. add'I to allow 58.8 sq. ft./Aperoved- 6/15/95 SV 95-30 1685 Gulf to Bay Gulf to Bay Shopping Center 15 sq. ft. add'I to allow 165 N. ft./Denied 7/20/95 SV 95-33 2632 Enterprise Rd. Europa of Countryside 32.9 sq. ft. add'I to allow 56.9 s . ft./A roved 1015195 VARIANCE WORKSHEET - CASE NUMBER SV 95-44 9TAfd1XkF S FOR VARIMCE APRWVA4 GrAW FIFMOftS (1) There are spacial circumstances raletad to the particular Town Place Is Identified with a sign on each side of the entry physical surroundings, shape or topographical conditions drive to the development. The signs exceed the maximum applicable to the land or buildings, and such circumstances area allowed by cods. Each sign Is allowed an area up to 24 era peculiar to such land or buildings and do not apply square feet. The Town Place signs are 42 square feet each, generalty to the lend or bulldings In the applicable zoning or 75 percent larger then the code allowance. district. Special circumstances support approval of the area variance to allow the signs to remain, Town Place Is a large residential development located in close proximity to the U.S. 18 commercial corridor. It Is 17 acres In size and Is located adjacent to and across from commercial properties fronting on U.S. 19. The Town Place property Is phyalcatly separated from other residential properties located to the west by the Florida Power right of way. The existing signs are not out of scale or character with signs permitted on or near U.S. 18. For example, the property on the opposite side of N.F. Coachman Rd„ developed with a Wal-Mart, Is permitted a sign area of 112 square feet. Most properties fronting on U.S. 19 are allowed 112 square foot signs also, The two Town Place signs are not oversized given the larger commercial signs allowed nearby. (2) The strict oppllcatlon of the provisions of the coda would Strict enforcement of the code In this case would place a deprive the applicant of the reasonable uss of the land or hardship upon the applicant which would be great in buildings. comparison to the public benefit derived from code compliance. (3I The variance Is not based exclusively upon the desire for The variance request appears to satisfy this condition. economic or other matsrlal gain by the applicant or owner, 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 cods and enhancing the visual quality of the City's ¦irests and comprehensive plan and will not ba matarlally Injurious to landscape In order to protect the value of properties and the surrounding pfopefttas of otherwise tletrlrrtental to the publlc watl•batng of the total tourht oriented economy. The welfare, granting of this variance appears to be consistent with this Intent. sv# 75•. CENTRAL PERMITTING' DEPARTMENT ` ti ?,•?,, ; 10 S. MISSOURI AVENUE t .u t'? l r? CLEARWATER'FFL , 34616 4. , ` ` W' 'SIGN VARIANCE`-APPLICATION PROPERTY OWNER(S) NAME & ADDRESS: REPRESENTATIVE(S) (if any) NAME & ADDRESS: DECAD&;b0"APANIES INCOME PROPERTIES' DECADE'COMPANIES INCOME PROPERTIES BROOKF.IELD*-: LAKES CORPORATE CENTER BROOKFZELD,•, LAKES CORPORATE .CENTER 250'Patrick Blvd., Suite 140 250-Patrick Blvd., Suite 140 Brookfield,'•WI 53045 Brookfield, WI 53045 ATT: Steven D. Cooper, VP TELEPHONIC. (4141., 792-9202- TELEPHONE: j4141 792-9202 ADDRESS OF SUBJECT PROPERTY: 2545 NE _Coachman Roadr_ CleagVgLg,r„,_ F1 34625 - NAME OF BUSINESS (IF APPLICABLE): TOWN PLACE APARTMENTS ZONING DISTRICT: RED-14 _ LAND USE CLASSIFICATION: RM LAND AREA: 19.15 AC LEGAL, DESCRIPTION OF SU13JECT PROPERTY: See Attached "SPECIAL WARRANTY DEED" with exhibit A (Legal Descri Lion) PARCEL NUMBER: 07 / 29 / 16, / 00000 / 110 / 0500 (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) ° Vacant Commercial Parcel, Royal Raqdet Club, DESCRIBE SURROUNDING USES OF PROPERTY: Travel Lodge, IHOP North: WALMART East: Land dedicated for Park use. South: LAKE West: Florida Power right o way. VARIANCE(S) REQUEST: FOR VA IANC.E S F I) 40-0-- - 5a rr To PERMIT A FREES b )W4 514N A RGA Or- So FT - -(x -fi 5-4 CONTINUED ON REVERSE SIDE STANDARDS FOR APPROVAL- A variance shall not be granted by the City Commission unless the application and evidencr, presented clearly support the following conclusions: 1) There are spacial 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 orbbuildings and do not apply generally to the land or buildings in the applicable zoning district because 'The removal. or - reduction in size of the si ns would result in unnecessary hardship upon our clients as the business name would not be visible to drive by •t't-aff: c, which constitutes 90% of the client business. .. 2) The strict application of the provisions of the code would deprive the applicant of-the reasonable use of the land or buildings because The signs are a?-the-minimmm i unnecessary hardship-to-the client. 3) The variance is not based exclusively upon a desire for economic or other material gain by the applicant or owner because The request for a variance is based on the desire to remain in business and provide affordable housing for our clients. 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 because The siqns are mounted on _the entrance walls and d.4-not -Dro!eGt:.. out into or above traffic in the area. The ra ert is in a commercial area and does not prove to be a detriment to the nearby residential area. 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 DF THIS APPLICATION. SIGNATURE OF PROPERTY- (OR REPRESENTA powh$an and name of oompwW H Sworn_toand subscribed before me this day of A.D., 19 ?S / . by who is personally known-to me and/or has produced STATE OF FLORIDA, COUNTY OF Commission No, Notary Public JName of Notary ANDREA TRIMMER j? M Comm"iion CCA73433 9DD r? o` Bonded by HAI Or IVI SW-422•5555 NOTE: PROPERTY OWNER OR REPRESENTATIVE MUST ATTEND HEARING. 3.4, r Jl1 i . 9 t6, U Q 6.2 4. 5.3 (L D 7. 14.x" SIGN AREA: 42 SQ FT 1 ' I , ' O 0 A` ?`k.?-? +. Dd •'• SSG g Gv? SET IR&COLB2 ?w `'•? V 7 j + ,'??' •? `ter`/A?'???`` Q ?\ vv _?,` \.. ^1'•. .••I O, ?.i.• 7 ,?• \w` K \? G? ?? ?` FNp? ?I.P..31 5 FWD. •? , a? .3-? E. D6'45'v' E 4 S 89'21-94 F- + 4 D4 %'?7 H C O t + 0) cn ' C? i f{7 + [7 + C; CL = G r32.58' TYPE F ?? ;1kn ?.\ QG• BLDG. Ln ?Ln O '32 81' ?a ' to ,?2 V0• DRAIN GE E [a TZ3 + 'V) + O.R. 44491 PG T j ?w #1 15' DRAINAGE E5M'T j_ 4 ' - O.R. 4449, PG. 795 '.0 c .c O 1 _ ------------ HC 1 HC SET T I-R. cA?- S B940 '?"" + 4 33 - I r 3 1217-224 .7 ax O-FD FAAx - ;K ch . *it CITY 0"cv raytRrT t t Xi•?r^•• 110 ,1G 0- SIGN,VARIANCE,, REQUEST : . DECADE COMPANY INCOME PROPERTY TOWN PLACE APARTMENTS -44 E PUBLIC HEARING DATE : NOVEMBER 16, 1995 PAGE: 2728 ATLAS S EC: D7 TWP: 29 S RGE: 1 C E CLEARWATER CITY; COMMISSION S r Item # ' Clearwater City Commission 3 Meeting Onte; Agenda Cover Memorandum SUBJECT: Petition for Zoning Atlas Amendment for 2370 Dora Drive; Owners: Thomas E. Vernon, Jr. & Helen J. Vernon (Z 95-09) RECOMMENDATIONIMOTION: Approve the Petition for Zoning Atlas Amendment to Single-Family Residential "Six" (RS-6) for Lot 68, Rolling Heights Subdivision and pass Ordinance No. 5932-95 on first reading. ? and that the appropriate officials be authorized to execute same. SUMMARY OF THE REQUEST: PROPOSED REZONING EXISTING ZONING DISTRICT Residential Planned Development-D (RPD-D) PROPOSED ZONING DISTRICT Single-Family Residential "Six" (RS-6) This is a City initiated rezoning as a part of the Consistency Program. The property was annexed by the City on May 5, 1994 with a Land Use Plan Amendment to Residential Low and Zoning Atlas Amendment to Residential Planned Development -D (RPD-D). The RPD-D zoning district allows properties to be developed according to the Single-Family Residential "Six" (RS-6) zoning district numerical and dimensional requirements. The City is eliminating the RPD subcategories in order to correlate zoning district with land use plan in conjunction with the Pinellas Planning Council (PPC) Consistency Program. The Land Use Plan Classification would not be changed. The Planning and Zoning Board held a public hearing on this application on October 31, 1995, after which they unanimously endorsed the proposed Zoning Atlas Amendment to Single-Family Residential "Six" (RS-6) to the City Commission. Reviewed by: Originating Dept: Costs: S N/A Commission Action: Legal N/A CENTRAL PERMITTING Total Q Approved Budget NJA C, ? Approved u/conditions Purchasin N/A S g i d 13 D Risk Hgmt. N/A User Dept: Current Fiscal Yr. en e Cis N/A ? Continued to: _ ACH Funding source: other RIA ? Capital Imp. Advertised: ? Operating Attachments: Date; 10/21/95 ? other ORDINANCE No. 5932-95 r? Paper: TAMPA TRIBUNE LOCATION HAP d ? i re Hot Requ Submitted by: Affected Parties Appropriation Code: 13 None ? ® Ratified ' ? Not Required city agar/ 40 Printed on recycled paper OTHER REQUIRED REVIEWS 3 Z 95-09 # Page 2 AGENCY YES NO Pinellas Planning Council/Countywide Planning Authority X Florida Department of Community Affairs X I` x9509.cc I , GI ! Y AN! I [A [.t-.lJ ZONING ATLAS"AMENDMENT APPLICATION DATE Inhing - _ , .APPLICANT: CITY OF CLEARWATER ADDRESS: P.O. Box 4748, Clearwater, FL 33516 PHONE 462w6?67 ?ROPERTY OWNS-1(S) : Thomas E. Vernon, Jr. & Helen J. Vernon ADDRESS 2370 Oara Drive PHONE LEGAL DESCROTION OF PROM= (SUBJECT OF REQUEST) Uot 68, Rolling Heights GENERAL LOCATION 2370 Dora Drive/Northeast corner of Ella Place arid Oora Drive, one-block north of-Drew_Strget. ACREAGE 0 . 21 acres PRESENT ZONING DISTRICT RPO - 0 REQUESTED ZONING DISTRICT RS - 6 CITY COMPREHENSIVE LArID USE CATEGORY Residential L'ow COUNTY COMPREHENSIVE LAND USE CATEGORY Residential Low REASON FOR REQUEST_ To correlate zoning dinricts with the land use plan in accordance with the PPC Consistency Program. IS THE REQUESTED ZONING DISTRICT'IN CONFORMANCE WITH THE CLEAPWATER COMPREHENSIVE LAND USE ?LAN? Y-S X NC Note: if the reauescer cone change is not consistent with the City's Land Use Plan, the applicant will be reouired co file a corresponding application to amend the land use plan. IS THE REQUESTED ZONING DISTRICT IN CONFORMANCE WITH THE ?INELLAS COUNTY COMPREHENSIVE LAND USE PLAN? YES-2-00 LIST ANY OTHER PERTINENT INFORMATION SUBMITTED 1 V141 i2 W /I 'IL nognature) Reviewed sbys e ORDINANCE NO. 5932-95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA. AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED AT THE NORTHEAST CORNER OF ELLA PLACE AND DORA DRIVE ONE BLOCK NORTH OF DREW STREET. CONSISTING OF LOT 68, ROLLING HEIGHTS SUBDIVISION; WHOSE POST OFFICE ADDRESS IS 2370 DORA DRIVE, FROM RESIDENTIAL PLANNED DEVELOPMENT TO SINGLE-FAMILY RESIDENTIAL 6: 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 68, Rolling Heights. according From: Residential Planned Development to the map or plat thereof as (RPD-D) recorded in Plat Book 43, Page 1. of the public records of Pinellas To: Single Family Residential 6 County, Florida. (Z95-09) (RS-6) 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 imiDediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: a Pamela K. 7 n City Attorney Rita Garvey Mayor-Commissioner Attest: Cynthia E. GOLI eau City Clerk Ortfinancr. No. 5732•95 33b1 •7 J . x.20 '1r 1 ' $ ;133a 3`1'4 '31'? '3p 2q 28 27 2$"' 25M 24 23?? 22 . *?.. :? "1 i? ''?'? .l?Ir '• •'•? • •l •.'• r :L:..1? ,l1 1e .?". lO v 4 Y? e'?t `l?fj3 ; JQ Z l()1 'y 0'J 99 "' j+ ' 9(]'~ • 97 ? . x:95'. g; .I? 93 • a ??? `?;r,'?1'''rLt ;{? ?y :'y\.2?'f! .. +1? I,?? ?wr?:.,? ? •??•rls:.,?' : , s?!rtr'?• ; ? _ iii,•,?"? . j }-,.? i?ji.;i•i , :,L:': . ''?r,?';?.?ti/. i1 ?i?YFi;? ?'fi•1?". }L'•? U ?:'.?.'? ) '1Z''t •,.. ? ? ?7lSf ' 1'?7'?=?} ' • 4?,i. •,"'? '11'1 ;r` '... W, ' ' 44 «,, .85b ?' t.8b `? :6 i:a i?B9 ::9( jm t91.; S2. ; ? ' f?? + ` ;?'? ? '? ` ? : ' '? ? ? ? ?? ?r ? ` ? + : 1 ili? ?? ?600 i: :5 s?=YEN .. 1! ? . ; Y • r, l?° ?: t; ? 4 ' : 3• ,M , r : ? ,.+,, P/ s 'I w D R E U j STREET _ r- C w 528 4 o a o vi .v , ,n n r O, O '?? 1 1 ?1' y •?1 • 1 SQ '1 PROPOSED REZONING APPLICANT ZONING FROM T O R's « z9S??? PROPERTY DESCRIPTION 4o;- k,o/4??/G o..Z/ ACRES PLANNING and ZONING 13OAnD I CITY r?O?•WBSION SECTION Q7 TOwNS}iIP? RANGE ell, F ATLAS PAGE 51np1• Fatnlly I I., .4 Iiaspurl ¦ 0 ?F at w ?y r p 6 b .n D r j ¦ ?MR l 100, 0 . I` C I w ttw 9 is r I 1 V Item 4 Imo] Clearwater City Commission 4 Meeting Date: 4 jj Agenda Cover Memorandum r€ ? SUBJECT: Petition for Zoning Atlas Amendment for 601 Dora Drive; Owners: Frank J. Antoniello & Minerva B. Antoniello (Z 95-10) RECOMMENDATION/MOTION: Approve the Petition for Zoning Atlas Amendment to Single-Family Residential "Six" (RS-6) for Lot 21, Rolling Heights Subdivision and pass Ordinance No. 5933-95 on first reading. ? and that the appropriate offfcials be authorized to execute same. SUMMARY OF TIE REQUEST: PROPOSED REZONING EXISTING ZONING DISTRICT Residential Planned Development-D (RPD-D) PROPOSED ZONING DISTRICT Single-Family Residential "Six" (RS-6) This is a City initiated rezoning as a part of the Consistency Program. The property was annexed by the City on May 5, 1994 with a Land Use Plan Amendment to Residential Low and Zoning Atlas Amendment to Residential Planned Development-D (RPD). The RPD-D zoning district allows properties to be developed according to the Single-Family Residential "Six" (RS-6) zoning district numerical and dimensional requirements. The City is eliminating the RPD subcategories in order to correlate zoning district with land use plan in conjunction with the Pinellas Planning Council (PPC) Consistency Program. The Land Use Plan Classification would not be changed. The Planning and Zoning Board held a public hearing on this application on October 31, 1995, after which they unanimously endorsed the proposed Zoning Atlas Amendment to Single-Family Residential "Six" (RS-6) to the City Commission. Reviewed by: Originating Dept: Costs: _S N/A_ - Co=ission Action: Legal N/A CENTRAL PERMITTING Total ? Approved Budget N/A 13 Approved u/conditions NIA Purchasin S g Risk Mgmt. N/A User Dept: Current Fiscal Yr. ? Denied CI5 -MIA ? Continued to: ACM Furring Source: Other N/A ? Capital Imp. Advertised: Operating Attachments: Date: 10/21/95 © Other ORDINANCE NO. 5933-95 Paper: TAMPA TRIBUNE LOCATION MAP 17 N d ot Require Submitted by- Affected Parties Appropriation Code: d None ® Notified Q Not Required onager Cit 00 Printed on recycled paper i OTHER REQUIRED REVIEWS z 95-10• f Page 2 AGENCY YES NO Pinellas Planning Council/Countywide Planning Authority X Florida Department of Community Affairs x z9510.cc . . ,,,.I z Ui I Y .lNl ZONING ATLAS AMENDMENT APPLICATION DATE 10104J95 .APPLICANT: CITY OF.CLEARWATER _AMDRFSS: ?.O. Box L7L8, Clearwater, FL 33518 PHONE 452-6557 ?ROPERTY OWNER(S) : Frank J. E Minerva R. Antahiello ADDRESS 601 Dora Drive - PHONE LEGAL DESCRIPTION OF PROPERTY (SUBJECT O REQUEST) Lot 21. Rollinq Heights GENERAL LOCATION 601 Dora Drive Southeast corner of Dora Drive and Sharkey Road ACREAGE 0 - 22 acres ?RESENT ZONING DISTRICT RPD - D REOUES=ED ZONING DISTRICT RS - 6 CITY COMPREHENSIVE LAND USE CATEGORY Residential Low COUNTY COMPREHENSIVE LAND USE CATEGORY Residential Low RLaSON FOR REQUEST "To correlate zoning districts with the land use plan in accordance with the PPC Consistency Program. IS THE REOUESTED ZONING DLSTP.ICi IN CONFORMANCE WITH T:iE CLEAP.WA77_? COMPREHENSIVE LAND USE PLAN? YES x NC Note: I-- the requested zone change is no: consistent with the City's Land Use Plan, the ap;>Hcant will be reaui:ed co file a corresponding application .o amend the land use plan. IS THE REQUESTED ZONING DISTRICT IN CONFORMANCE VITH TH PINELLAS COUNTY COMPREHENSIVE LAND USE PLAN? YES?_NO LIST ANY OTHER PERTINENT INFORMATION SUBMITTED ,=- ignacure vfeued =by. _ i, CITY OF CLEARWATER DISCLOSURE OF INTEREST STATEN CNT PROPERTY OuNER(S): 1r Name: 4/y W LA /2tf-- 4)/i l1 • Ax1r'-0't11r1-1' O N a in e: Address;,(0? d4l;lec- Address: REPRESENTATIVE(S): Name: A114- Address: Name: Address: ANY OTIIER PERSONS RAVING ANY OPNERSHIP INTEREST IN THE SUBJECT % . 1 Interest Is: Contingent Absolute Name: Specific Interest Held: PROPERTY: INDICATION AS TO WHETHER A CONTRACT EXISTS FOR SALE OF UBJECT PROPERTY. IF SO: Contract Is: Contingent Absolute All Parties To Contract: ,I Name: Name: INDICATION AS TO WHETHER TIIL•RE ARE ANY OPTIONS TO PURCHASE SUBJECT PROPERTY, IF SO: All Parties To Option: / Name: // Name: IV INDICATION AS TO WHETHER THERE A.RE ANY MORTCAGES OR LIENS ON THE PROPERTY, IF SO: Mortgage Ilolder(s) Lien Holder(s) ??// Name: Name: `v i I i 1 i 05/88 ORDINANCE NO. 5933-95 AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF DORA DRIVE AND SHARKEY ROAD, CONSISTING OF LOT 21, ROLLING HEIGHTS SUBDIVISION, WHOSE POST OFFICE ADDRESS. IS 601 DORA DRIVE, FROM RESIDENTIAL PLANNED DEVELOPMENT TO SINGLE-FAMILY RESIDENTIAL 6 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 Lot 21, Rolling Heights Subdivision, according to plat thereof recorded in Plat Book 43, Page 1, public records of Pinellas County, Florida. (Z95-10) Zonina District From: Residential Planned Development (RPD-D) To: Single-Family Residential 6 (RS-6) 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 Approved as to form and legal sufficiency: C Pamela in City Attorney Rita Garvey Mayor-Commissioner Attest: ynt is ou eau City Clerk Orninance No. 5933.95 1 i l is . i •'t ?? ?1'l1ill • 115 ?? 1 , t l I ? 42/07 4 c/b g =f:' b N 1 N ~ p: r i ?. •' li ]r :1 ti o+ a C) C) P W H F- n 4 rv z 9 = ?O APPLICANT ZONING FnO},1 TO 6 /Q- F'EiOpE:F171' 0?5CRIPTIQM 0- Z2 ACAE6 PLANNING and 70HING 130AAD CITY CO1. MISSION SECTION 07 IOWNSHIP .z 9 S R?NOE L E ATLAS pAOt L * Sin olo F¦mill PROPOSED REZONING w m F? :¦ r J j ??, ir15 w.7 Vno7 cA V d M Ir'YL1r?L? V rwpu%l M ? r o ' m D j ? d A X ? r? /7 ?? r v G t • ?l •? item # Clearwater City Commission Meeting Date: =..` Agenda Cover Memorandum 114-q5 SUBJECT: Petition for Zoning Atlas Amendment for 1404 Orange Street; Owners: Carl B. Lowe & Rachel J. Lowe (Z 95-11) RECOMMENDATION/MOTION: Approve the Petition for Zoning Atlas Amendment to Single-Family Residential "Eight" (RS-8) for Lot 17, Block G, Sunny Park Groves and pass Ordinance No. 5934-95 on first reading. ? and that the appropriate officiate be authorized to execute some. ??imr?r_n?rrrrru ?..wl .?..?ri irirrrwirrrr_?m r inmirr_.m.r_? SUMMARY OF THE REQUEST: PROPOSED REZONING EXISTING ZONING DISTRICT Residential Planned Development-E (RPD-E) PROPOSED ZONING DISTRICT Single-Family Residential "Eight" (RS-8) This is a City initiated rezoning as a part of the Consistency Program. The property was annexed by the City on June 2, 1994 with a Land Use Plan Amendment to Residential Low and Zoning Atlas Amendment to Residential Planned Development-E (RPD-E). The RPD-E zoning district allows properties to be developed according to the Single-Family Residential "Eight" (RS-8) zoning district numerical and dimensional requirements. The City is eliminating the RPD subcategories in order to correlate zoning district with land use plan in conjunction with the Pinellas Planning Council (PPC) Consistency Program. The Land Use Plan Classification would not be changed. The Planning and Zoning Board held a public hearing on this application on October 31, 1995, after which they unanimously endorsed the proposed Zoning Atlas Amendment to Single-Family Residential "Eight" (RS-8) to the City Commission. Reviewed by: Originating Dept: Costs: S NL Commission Action: Legal N/A CENTRAL PERMITTING Total ? Approved Budget N/A Purchasing NIA S : 13 Approved w/conditions Risk Mumt. N/A User Dept. Current Fiscal Yr. ? Denied CIS N/A. ? Continued to: ACM Funding Source: Other W /A © Capital Imp. Advertised: Q Operating Attachments: Date: 10/21/95 ? Other ORDINANCE NO. 5934-95 Paper: TAMPA TRIBUNE LOCATION MAP ? d Not Require Submitted by: Affected Parties ? None ® Notified Appropriation code: City nag ? Not Required 0 Printed on recycted paper e •. z 95-11 Page 2 ; OTHER REQUIRED REVIEWS AGENCY YES NO Pinellas Planning Council/Countywide Planning Authority X Florida Department of Community Affairs x z9511.cc %i (;I I Y INI I_IA I_ti) ZONING ATLAS AMENDMENT APPLICATION DATE-10/05/95' APPLICANT: CITY OF CLEAT WATER 'ADDRESS: P.O. Box 4748, Clearwater, FL 33515 PRONE L62-6567 PROPERTY OWNER(S) :. Carl B & Rachel J. Lowe ?ADDRFSS 1404 Orange Street PHONE LEGAL DESCRIPTION OF PROPERTY (SUBJECT OF REQUEST) Cat 17, Block G, Sunny Park Groves.Subdivision GENERAL LOCATION 1404 Orange Street/North side: of Orange Street, anoroximateiv 430 ft. east of South Hillcrest Avenue ana E,050 ft. south of Lakeview Road_ ACP.EAG? 0 - 16 acres PR=SENT ZONING-0TOTRICi RPO - c REOUEST_FD ZONING DISTRICT RS - 8 CITY COMPREHENSIt1£ LAUD U5_ CA_ZGDnY Residential Low COUNTY CCMPR-I?ENSiVE LAND USE CATEGORY Residential Low REASON FOR REQUEST 'To correlate zoning districts with the land use plan in accordance with tDe PPC_Consistencv Dragrlm._ IS THE REOUESTEC ZONING DISTRICT IM CONFORMANCE WITH THE CLEAPWATEP COM?R:ZHENSIVE LAND USE PLAT? YES x NO Noce: f the requested zone change is not consistent with the Cicv's Land Use Plan, the applicant will be required to ?ile a corresponding applicaclon cc a©end the land use plan. IS THE REQUESTED ZONING DISTRICT IN CONFORMANCE WITH THE PINELLAS COUNTY COMPREHENSIVE LAND USE PLAN? YES,_No LIST ANY OTHER PERTINENT INFORMATION SUBMIT-LED • .?t '.. ignacure .», .. -:iii.:. _. ? .?.... .. ._ ..... ... .? _ ., ,... . jj CITY OF CLEARWATER DISCLOSURE OF INTEREST STATEMENT PROPERTY OWNER(S): Name: Carl B. and Rachel J. Lowe Name: Address: 1404 Orange street Address: Clearwater, FL 34M REPRESENTATIVE(S): Name Name: Address: Address: ANY OTHER PERSONS HAVING ANY OWNERSHIP INTEREST IN THE SUBJECT PROPERTY: Interest Is: Contingent Absolute Name: [S?DnLt= - -- Specific Interest Held: _/VQ dz-,E. INDICATION AS TO WHETHER A CONTRACT EXISTS FOR SALE OF SUBJECT PROPERTY, IF SO: Contract Is: Contingent Absolute All Parties To Contract: Name; Name: INDICATIO14 AS TO WHETHER THERE ARE ANY OPTIONS TO PURCHASE SUBJECT PROPERTY, IF SO: All Parties To Option: Name., p Maine: INDICATION AS TO MIETHER THERE ARE A14Y MORTGAGES OR LIENS ON THE PROPERTY, IF SO: Mortgage Holder(s) Lien holder(s) Name: /-a&-4 Name: 125 - in 05/88 ORDINANCE NO. 5934-95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE NORTH SIDE OF ORANGE STREET EAST OF SOUTH HILLCREST AVENUE AND SOUTH OF LAKEVIEW, CONSISTING OF LOT 17, BLOCK G, SUNNY PARK GROVES. WHOSE POST OFFICE ADDRESS IS 1404 ORANGE STREET, FROM RESIDENTIAL PLANNED DEVELOPMENT TO SINGLE-FAMILY RESIDENTIAL 8: 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: Propert_Y Lot 17. Block G, Sunny Park Groves according to the plat thereof, as recorded in Plat Book 36, Page 2, of the public records of Pinellas County. Florida. Q95-11) Zoning District From: Residential Planned Development (RPD-E) To: Single-Family Residential 8 (RS-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. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form.and legal sufficient : 4 1L Pamela in City Attorney Rita Garvey Mayor-Commissioner Attest: Cynthia ou eau City Clerk ordinanco No. 5934.95 ? I y 732 2 a J tx C T. I,?s 9 ! q )7 17 ! Y 1 16 ?? ••?u? Sr ?'`'StET- ' i_ .r• f O Jam ,es h ? .t;?gl.?.v-, ...r.. •" :? - - 'r: :•:.. r ?• :r... •..•r• ... S$ ; 3 w D o o n "_'?. ` .' r'":t 1 h L • _':':^+ .9: Li ;? 4 iiy '? '1'i n /J a r r ti ' . •t' .. .t.! ?? i. ti.: .1?, r 1 :Lw I:I. `4 y? ?•?:.? i ds /,q' Z r ran.' r1.2 r 11: r 10 '..z g ur •:: r7.; i 6. ?S /J5 6 F tatES. a::t51 -s!o . I ?? 410 a 7% d, 14 120 a:21'•' 7,,x.; .xB'C'r, 50 19. C «, 9 •' 9 C ! - ° `C ,. ?' r a :I, u .. , ": i :'i.• t' '.i: ti • a0 ? • rr•tia :. ra•;?-?;•'n? to 't- y.?'?' •• •tt,?,r LIE 1l.TYw - '1 w w .be ?t•.y?;, LJ1,1t ,lr, -???? It:a•• S:•. t_EL? PROPOSE] REZONING OWHA ?o w C. ?C ??f?c?/?L ..!• x ?.5 = ll Osopg iTY DESCRIpTIOM ZONING FROM ' 4?4 TO ,es. O 467- ez-o &k dr r)- ,4 kchEt PLANNING and ZOMIN0 BOARD CITY CbMMt-IS10N SECTION TOWNSHIP 6 RAtiOE fJ E ATLAS PAC 3'?'7 4 0 SIngl• FamI17 l r + n L u n r • rp u? ooQ tii l l nl;?l? •e?tlt? • ' +? ? ' t {l.17 w 1 !7 _ c 61 5 'rf O ?1 4 1 • ? 1 I o lV`J( 1 •b a?~r ?R 1 ' ro ? 1 j an .1 n: J aH ., et u. w v 1 ? C •n •rf • pb ?? eat 4 ; ; c 4 Cam- 7 rn ? u (1 I ant• a'ICIY j ,^Ir Ourltr?IN ?JJ 1 c ?r..uS+tH ?S%01 1 - r S .. - 1 ? Y e r •anosssli C3 r uossslrt; 01 t a I 1 AC'aE?l?'A R -r E qZ610, ITEM Ya a ? ? • Y Item # earwater City Commission Meeting Date: Cl C Agenda Cov er Memorandum S?11-1 rr_rrr_?irrr?r. ¦ .mr?rwwr w i ¦ r?A•? , ?i .? i i i .11 5 war. i .r_ i r? SUBJECT: Petition for Zoning Atlas Amendment for 1761 Cardinal Drive; Owners: Gerald L. Penhollow & Christine M. Penhollow (Z 95-12) RECOMMENDATION/MOTION: Approve the Petition for Zoning Atlas Amendment to Single-Family Residential "Eight" (RS-8) for Lot 68 less the south 3.0 feet thereof, Pinellas Terrace and pass Ordinance No. 5935-95 on first reading. ? and that the appropriate officiats be authorized to execute same. S Y OF THE REQUFST: PROPOSED REZONING EXISTING ZONING DISTRICT Residential Planned Development-E (RPD-E) PROPOSED ZONING DISTRICT Single-Family Residential "Eight" (RS-8) This is a City initiated rezoning as a part of the Consistency Program. The property was annexed by the City on July 21, 1994 with a Land Use Plan Amendment to Residential Low and Zoning Atlas Amendment to Residential Planned Development-E (RPD-E). The RPD-E zoning district allows properties to be developed according to the Single-Family Residential "Eight" (RS-3) zoning district numerical and dimensional requirements. The City is eliminating the RPD subcategories in order to correlate zoning district with land use plan in conjunction with the Pinellas Planning Council (PPC) Consistency Program. The Land Use Plan Classification would not be changed. The Planning and Zoning Board held a public hearing on this application on October 31, 1995, after which they unanimously endorsed the proposed Zoning Atlas Amendment to Single-Family Residential "Eight" (RS-8) to the City Commission. Reviewed by: Originating Dept: Costs: S N/A Commission Action: Legal N/A CENTRAL PERNITTING Totnt D Approved Budget N/A 5:5 ? Approved w/conditions N/A hasin Pu S g rc Risk Mgmt. 4 N/A User Dept- - Current FiscaL Yr. 13 Denied cis NIA - 13 continued to: ACH ACM iz= Funding Source; Other ..-. 1A ? Capital Imp. Advertised: ? Operating Attachments: Date: 10/21/95 ? Other ORDINANCE No. 5935-95 Paper: TAMPA TRIBUNE LOCATION NAP ? N R d i submitted try: - ot equ re Affected Parties Appropriation Code: ? None ,-j-- H Notified /?f 13 Not Required city nger/ 4iif Printed on recycled paper I . .. Z 95`1.2 ..,w? Page 2 OTHER REQUIRED REVIEWS AGENCY YES NO Pinellas Planning Council/Countywide Planning Authority X Florida Department of Community Affairs x z9512.cc i C;I I Y [N[ I IA I tU ZONING ATLAS AMENDMENT APPLICATION DATE -10/04/95 APPLICANT: CITY OF CLEARWAT_ER ADDRESS: ?.0. Box L7L8, Clearwater, F1. 33518 PHONE a62-6567 PROPERTY OWNER(S): Geraido U. & Christine M. Penhollow ADDRESS 1761 Cardinal Drive ?HONE LEGAL DESCRIPTION OF ?POP=RTY (SUBJECT OF REQUEST) Lot 68 less the south 3 ft. thereof. Pinellas Terrace GENERAL LOCATION 1761 Cardinal Drive/ one black east of US 19 and aooroximg?gly 890 ft. north of State Road 590. ACREAGE. 0 •. 19 acres ?R=SENT ZONING D:STRIC: RPO _ E REQUESTED ZONING DISTRICT RS - 8 CITY COMPREHENSIVE LAND USE CAT GORY Residential dow CCUNTY COMPREHENSIVE LAND USE CATEGORY Residential Law REASON FOR R EQU EST_ To correlate zoning districts with the land use plan in accordAnce-witl> the-_PPC Consfstentv P-rnaraM. IS THE R=OUESTEC ZONING DISTP.ICT IN CONFORMANCE KITH TuE CLEARWATER COMPP.r.HE SIVE LAND USE ?LAt:? YES x NC Noce: I' the recuesced cone change is not consistent with the City's 'sand Use Plan, the applicant will be reauired to pile a corresponding application co amend the land use plan. 15 THE REQUESTED ZONING DISTRICT IN CONFORMANCE W17H THE PINELLAS COUNTY COMPREHENSIVE LAND USE PLAN? YES _x No LIST ANY OTHER PERTINENT INFORMATION SUBMITTED ?c ignocure CITY OF CLEARWATER DISCLOSURE OF INTEREST STATEMENT PROPERTY OWNER(S): Name: Gerald L. and Christine Name: Address: 176p low naI Drive_ Address: Clearwater, FL 34620 REPRESENTATIVE(S): HONE Name: Name: Address: Address: ANY OTHER PERSONS HAVING ANY OWNERSHIP INTEREST IN THE SUBJECT PROPERTY: Interest Is: Contingent Absolute NODE - Name: Specific Interest Held: INDICATION AS TO WHITHER A CONTRACT EXISTS FOR SALE OF SUBJECT PROPERTY, IF SO: NONE Contract Is: Contingent Absolute All Parties To Contract: Name: Name: INDICATION AS TO WHETHER THERE ARE ANY OPTIONS TQ PURCHASE SUBJECT PROPERTY, IF SO: All. Parties To Option: NONE Name: Name: INDICATION AS TO WHETHER THERE ARE ANY MORTGAGES OR LIENS ON THE PROPERTY, IF S0: Mortgage Holder(s) Lien Holder(s) Name: Connie Kay & Merwin D. Schaffer Name: 05/88 ORDINANCE NO-5935-9 5 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA.. AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED EAST OF U.S. 19 NORTH OF S.R. 590. CONSISTING OF LOT 68 LESS THE SOUTH 3.0 FEET. PINELLAS TERRACE, WHOSE POST OFFICE ADDRESS IS 1761 CARDINAL DRIVE, FROM RESIDENTIAL PLANNED DEVELOPMENT TO SINGLE-FAMILY RESIDENTIAL 8: 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: Pro pert Lot 68 less the South 3 feet thereof, Pinellas Terrace, according to the map or plat recorded in Plat Book 49, Page 52, of the public records of Pinellas County, Florida. (Z95-12) Zoning District From: Residential Planned Development - (RPD-E) To: Single-Family Residential 8 - (RS-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. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficient L Pamela in City Attorney Rita Garvey Mayor-Commissioner Attest: Cynthia ou eau City Clerk Ordinance No. 15935.95 ' J .u• Ali Ind r \ i G?? •d w71•?C D2.v'lt ! y il, LJ a.4x,,.l?. ?S14 r 'A'J'+_71COltITY.vr4vCT.r.:i'?• CLQ11fA VC Ft ;pl r" I I ,y I f s R I n I ? " I 23/07 I Ins -Most r++),:;J? ?w??? 33/(17 1 CLE"MyATIM x 1.PPLIC1lNT PROPERTY DESCRIPTION 0 PROPOSED REZONING OwNEA DlAe G Z4NI G FROM / A T 0 .{?.5- 9 / /iyF L ,45 ?E1Z.Qri C L'9 `r ?7 A C S E 3 Pt.AH?l1NG i%nd 201i1NG E?OARD CITY ':OLAM13slom S1~CTION TOWNSHIP z 5 AANOF. E ATLAS PAGE QI'T1r,+,1+ r l• aJ l e Mfr r ? r r? C4?-? W M N wl ? N ` 1 -aw-,aw-a?r?e?w? I •Fg y7oog +:aiir+K?1? 1 email ?bo A? ! v c si 'S 'rt U? v '_ k„ U , +? ! 'n MW-MM r o c n rl a i n ? J ?v Q t +j ? •n + t •? n 1 Q ?? u ' pg aUa2!1 I ? u v ? ? 1 O? u n °- • c ? !? u t ? •2nt a?r'i L en anY PurTtf TM ? nrnybi}{ c5u7v ? o ? 1 w+ I r C 1 w . 1 ? ? f 1 of I - _ - _ - -- ^ -- -^ 1 c and Isnossii?? _ Q I 1lOSZ.I.iCil •7j ??•? -• I o r Nor 1 ? I t cm It Clearwater City Commission Meeting Hato: '7 C Agenda Cover Memorandum SUBJECT: Petition for Zoning Atlas Amendment for 2353 Dora Drive; Owner: William R. Moberley (Z 95-13) RECOMMENDATION/MOTION: Approve the Petition for Zoning Atlas Amendment to Single-Family Residential "Six" (RS-6) for Lot S, Rolling Heights Subdivision and pass Ordinance No. 5936-95 on first reading. ? and that the appropriate officials be authorized to execute some. SUMMARY OF THE REQUEST: PROPOSED REZONING EXISTING ZONING DISTRICT Residential Planned Development-D (RPD-D) PROPOSED ZONING DISTRICT Single-Family Residential "Six" (RS-6) 11 This is a City initiated rezoning as a part of the Consistency Program. The property was annexed by the City on July 21, 1994 with a Land Use Plan Amendment to Residential Low and Zoning Atlas Amendment to Residential Planned Development -D (RPD-D). The RPD-D zoning district allows properties to be developed according to the Single-Family Residential "Six" (RS-6) zoning district numerical and dimensional requirements. The City is eliminating the RPD subcategories in order to correlate zoning district with land use plan in conjunction with the Pinellas Planning Council (PPC) Consistency Program. The Land Use Plan Classification would not be changed. The Planning and Zoning Board held a public hearing on this application on October 31, 1995, after which they unanimously endorsed the proposed Zoning Atlas Amendment to Single-Family Residential "Six" (RS-6) to the City Commission. Reviewed by: Originating Dept: Costs: S N/A Commission Action: Legal NIA CENTRAL PERMITTING Total Ci Approved Budget NIA roved x/conditio 13 A Purchasing NIA 3 pp ns Risk Mgmt. NIA User Dept: Current Fiscat Yr. 13 Denied cis N 0 Continued to: ACM Funding Source: Other N/A 0 capital Imp. Advertised: 13 Operating Attachments: Date: 10/21/95 Paper: TAMPA TRIBUNE 13 other ORDINANCE NO. 5936-95 LOCATION MAP 0 d Not Require Submitted by. Affected Parties 13 None ® Notified Appropriation Code: City b D Not Required 0 Printed on recycled paper Z 95-13 Page 2 OTHER REQUIRED-REVIEWS AGENCY YES NO .Pinellas Planning Council/Countywide Planning Authority X Florida Department of Community Affairs x z9513.cc ti? i Ui 1 1 INI IJA LtU ZONING ATLAS AMENDMENT APPLICATION DATE 10/04/95 .APPLICANT: CITY OF CLEARWATER ADDRE55: P.O. Box 4748, Clearwater, FL 33516 PHONE 462-5557 'PROPERTY OWNER(S) : Ui 11 iam R_ MobarlRy ADbRESS 2353 Dora Drive Y.?HONE LEGAL DESCRIPTION OF PROPERTY (SUBJECT OF REQUEST) Lot B, Rolling Heights Subdivision GENERAL LOCATION 23,53 Oora Drive/one bloCk north-of Or-ow St. And anprgximajely u2,140. ft. east of Belcner Road ACREAG=_ D 28 acres . ?RESENT ZONING L"_STRICT RPD - 0 REQUESTED ZONING DISTRICT RS - 6 CITY COMPREHENSIVE LA11D US-- CATEGORY Residential Law CCUNTY COMPREHENSIVE LAND USE CATEGORY Residential Low REASON FOR REQUEST In rarralata -?nninn rlictrirtc__with_tha 1anr1 mse Djzn in arrnr ace with the_PPr Cnnsistenry T rnnram_ IS THr REOUES'l D ZONING DISTT.ICi 1M CONFORMATICE WITH THE CLcARWAT=7 COMPREHENSIVE LAND USE PLAN'? YCS x NC Noce: IF the requested zone change is not consistent with the Cicy's Land Use Plan, the applicant will be required to File a corresponding application to amend the land use plan. IS THE REQUESTED ZONING DISTRICT IN CONFORMANCE WITH THE PINELLAS COUNTY COMPREHENSIVE LAND USE PLAN? YES x NO LIST ANY OTHER PERTINENT INFORMATION SUBMITTED ignaiture -aRi-v1ewed .by_ . -*I CITY OF CLEARWATER DISCLOSURE OF INTEREST STATEMENT j PROPERTY OWNER(S): Nana: William R. Moberley Name: Address: 2353 Dora Drive Address: Clearwater, FL 34575 REPRESENTATIVE(S): Name: Address: NONE Name Address: ANY OTHER PERSONS EiAVINC ANY 01MERSHIP INTEREST IN T14E SUBJECT PROPERTY: Interest Is: Contingent Absolute NONE Name: Specific Interest Held: INDICATION AS TO WHETHER A CONTRACT EXISTS FOR SALE OF SUBJECT PROPERTY, IF S0: Contract Is: Contingent Absolute NONE All Parties To Contract: Name: Name: INDICATION AS TO WHETHER THERE AAE ANY OPTIONS TO PURCHASE SUBJECT PROPERTY, IF SO: All Parties To Option: NONE Name: Name: INDICATION AS TO MiETHER THERE ARE A-NY MORTGAGES OR LIENS ON THE PROPERTY, IF SO: NONE Mortgage Holder(s) Lien }solder(s) Name: Name: im 05/88 M V-.. ORDINANCE NO. 5936.95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED NORTH OF DREW STREET AND EAST OF BELCHER ROAD. CONSISTING OF LOT 8, ROLLING HEIGHTS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2353 DORA DRIVE, FROM RESIDENTIAL PLANNED DEVELOPMENT TO SINGLE- FAMILY RESIDENTIAL 6: 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 S. Rolling Heights. according From: Residential Planned Development to lat thereof recorded in Plat RPD-D BooiC 43. Page I, public records of To: Single-Family Residence G Pinellas County. Florida. (Z95-13) RS-6 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 small take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficfiency: ame a in City Attorney R , Rita Garvey Mayor-Commissioner Attest: Cynt I a Gouc eair City Clerk ordlnunce No, ,7:16.95 M . w . Y; ?3?9 Tr :S$ 51 Pt! b 'f.!¢9 50.' :.1 F' K_S2';? Tit Af R E w STREET 528 ° ? c o PROPOSED REZONING O PPWHM /V°ld ?'-IFY0, G/• X. z PROPERTY DESCnIPTION ZONING F R O M 17?F/?r?I TO ?S.• g ACAI!3 0.2 PLANt1114G and ZONING BOARD ' CITY COMMISSION SECTION Q 7 TOWNSHIP .C. r S fi INaE l? E ATLAS >'AOE z Ff ?o"' 4 Single Family mac. I 3 0 !F a w C 'l. . o x t i •? Item 0 Clearwater City Commission Meeting Date: Agenda Cover Memorandum ? e IY.Y YI SUBJECT: Petition for Zoning Atlas Amendment for 2377 Dora Drive; Owner: Beulah C. Bailey (Z 95-14) RECOMMEN DATI ONWOTION: Approve the Petition for Zoning Atlas Amendment to Single-Family Residential "Six" (RS-6) for Lot 12, Rolling Heights Subdivision and pass Ordinance No. 5937-95 on first reading. ? and that the appropriate officials be authorized to execute some. ? ??.PUI IYY...?LPY. . YYL.YIIYY......?IrrY.1Y?. ?. YY .Y.r..r?i?innimYr.`wwrwr SUMMARY OF THE REQUEST: PROPOSED REZONING EXISTING ZONING DISTRICT Residential Planned Development-D (RPD-D) PROPOSED ZONING DISTRICT Single-Family Residential "Six" (RS-6) This is a City initiated rezoning as a part of the Consistency Program. The property was annexed by the City on September 15, 1994 with a Land Use Plan Amendment to Residential Low and Zoning Atlas Amendment to Residential Planned Development-D (RPD-D). The RPD-D zoning district allows properties to be developed according to the Single-Family Residential "Six" (RS-6) zoning district numerical and dimensional requirements. The City is eliminating the RPD subcategories in order to correlate zoning district with land use plan in conjunction with the Pinellas Planning Council (PPC) Consistency Program. The Land Use Plan Classification would not be changed. The Planning and Zoning Board held a public hearing on this application on October 31, 1995, after which they unanimously endorsed the proposed Zoning Atlas Amendment to Single-Family Residential "Six" (RS-6) to the City Commission. Reviewed by: Originating Dept: Costs: _S N/A---- Cor=ission Action: Legal N/A CENTRAL PERMITTING _ Total T Approved Budget N/A Purchasing N/A 5 S $ 0 Approved u/conditions Risk Mgmt, N/A User Dept: current fiscal Yr. 13 Denied cis NO 13 continued to: ACM -fff Funding Source: other N/A ? capital imp. Advertised: ? operating Attachments: Date: 10/21/95 I] other ORDINANCE No. 5937-95 fr` Paper: TAMPA TRIBUNE LOCATION MAP 11 Not Required Submitted by: Affected Parties None ® Notified Appropriation Code: City Fana:g r 17 Not Required CIO? Printed on recycled paper OTHER REQUIRED REVIEWS Z 95-14 Page z AGENCY YES NO Pinellas Planning Council/Countywide Planning Authority x Florida Department of Community Affairs x z9514.cc _CVi Y ANLlYlA Lh.h ZONING ATLAS AMENDMENT APPLICATION DATE 10/04/95 _ _ -A?PL°ICANT: CITY OF CLEARWATER ;ADDRESS: P.O. Box 4748, Clearwater, :L 33518 PRONE .462-6'67 ?ROPERTY OWNER(S),. Beulah G. Ba i lev ADDRESS 2377 Dora Drive~ PHONE LEGAL DESCRIPTION OF PROPERTY (SUBJECT. OF REQUEST) Lot 12, Rolling Heights Subdivision a 9 c GENERAL LOCATION 2377 Poca. and one block north of Drew Stre . ACREAGE 0,27 acres °R---S NkT ZONING DISTRICT R90 - D " ., c REOUESTED ZONING DISTRICT RS - 6 CITY COMPRZriRNSIVP. LAUD USE CATEGORY Residential Low CCUNTY COMPREHENSIVE' LAND USE CATEGORY Residential Low REASON FOR R 3Q U=ST To correlate zoning districts with the land use plan in accordance with the PPC Consistency Program. IS THE REQUESTED ZONING DISTRICT V CONFORMANCE W17H THE CLEARWATER COMPREHENSIVE LAND USE. PLAY? YES X NO Note. I. :he requested zone change is not consistent with the City's Land Use Plan, the applicant will be required to :ile a corresponding application to amend the land use plan. IS THE REQUESTED ZONING DISTRICT IN CONFORMANCE WITH THE' PINELLAS COUNTY COMPREHENSIVE LAND USE PLAN? YES x NO LIST ANY OTHER PERTINENT INFORMATION SUBMITTED LRs-ature CITY OF CLEARWATER DISCLOSURE OF 114TEREST STATEME14T PROPERTY OWNER(S): I Name: -Beulah C. Bailey - - Name: Address: 2377 Dora Drive Address: Clearwater, FL 34625 REPRESENTATIVE(S): NONE Name: Name: Address: Address: ANY OTHER PERSONS 11AVING ANY OWNERSEIIP INTEREST IN THE SUBJECT PROPERTY: Interest Is: Contingent Absolute NONE Name: Specific Interest Held: INDICATION AS TO WHETHER A CONTRACT EXISTS FOR SALE OF SUBJECT PROPERTY, IF SO: Contract Is: Contingent Absolute NONE All Parties To Contract: Name: Name: INDICATION AS TO WHETHER THERE ARE ANY OPTIONS TO PURCHASE SUBJECT PROPERTY, IF SO: • NONE All Parties To Option: Name: Name: INDICATION AS TO WHETHER THERE ARE A14Y MORTGAGES OR LIENS ON THE PROPERTY, IF SO: NONE Mortgage Holder(s) Lien }solder(s) Name: Name: 05/68 ORDINANCE NO. 5937-95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED NORTH OF DREW STREET AND EAST OF BELCHER ROAD, CONSISTING OF LOT 12, ROLLING HEIGHTS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2377 DORA DRIVE, FROM RESIDENTIAL PLANNED DEVELOPMENT TO SINGLE- FAMILY RESIDENTIAL 6; 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 12, Rolling Heights Subdivision From: Residential Planned Development according to map or pplat thereof as RPD-D recorded in Plat Boo?C 43, Page 1. To: Single-Family Residential 6 public records of Pinellas County, RS-6 Florida. (Z95-14) 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 Approved as to form and legal suffic'ency- Pamela in City Attorney Rita Garvey Mayor-Commissioner Attest: Cynthia ou eau City Clerk Ordinance No, 5937.95 ' , n M Y SO APD--D 3}'° ? ' 33e 32 '31 H ..30 ::29'" 28° 27y Z6h .25" 2??? ' 2 ? Z1 , , ,••? ? 1 tor •+35;:t?,f'•r:?,'g 'r'•;Ill1NAL't,i srs 0 101 -1001:3 :3 As :138 I: :i=ce ''.?:'(? •ia 1':N •'?:N ('+??:Ln t.., ..1? »'-'? •-?. b '•' ? ?'•'?:? ?_. ?. . S1? 103 1Q2 101 -10a:3 . % i99 ' 98 ~ 47 ~ = 95N ' 94 ' :9s . ? . y 83 484+ 8 8 .0 • ' 9 .9 ' ==91T 92" :, • ard ` 7 „ E3 N ;1 0,, ;, . ' i' : ' 114 • "? i :r '? ' i`al't . • !•+ ?.h •;i2.h :r :y . • ' ?•.1 '+ i. QOQ. 19 r ^\i god, _-., SDC, ?3?r ;r 17.:. • ' . r?• ? ?...' ?? =r.T_:'•• ?;-•„ ti}'r ?? .ji?:. ?. r.L.la; •7••=.t.:..,r.'1?, _,.. .f.l. t .r LAME ?C;•^•sr.;? •J`I•.I,r,A ?Y?.I?c.jt. ? -•'?'? 1 i•i^t?• ?.ti_? J -??... '•r .r• "1if!`: .rte. ,' ,?.:` .. ., :. 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'. ?',`•rJ .t•?• , yam, ti •.. e•r?F • in 5:-..r ? ! N .. ''1 :?{`'_'` ? „•,. •. • ? - "' _: }-. &TC fir= y ? :L+?'•?? ?, a.•,^+ •ir.. .' 1 ,?????..?.yi. ;. ' r.., l" ` C i:•-y -?.• ??:w-• ,.t-5?,,.'J£•?? ?7: ?= :Y :.'i ?^• rr'.'..rLs.? -.:. OcJ14tY= :7::; •;`'?, 'rF:yryv. ;;;5'.?:. ? , ?C•Y tr:' r ' ??_^ _ te?ry?' .:. .' CLEA WAM i1 0 10 DRElt CE \ P ARK CONDO >: F G H I J K !`'.? r,a titi_.?r-?? y7L'?. ??r1 ? - kw}; N ?•.UM IMw. ••i"O f••34, Gig!- `I``.'.4?rf? .Y.?'? H 111 Mffl 6-1 ,:sib u«"}..•?? ?? x.'""?.,,,i1::.? ? ? ?`, •a•1 D R E w STREET PROPOSED RE OWNER rL ? J 1J, 4-8-118 40-72 d e ZONING M N PH I N H 0 q 3100 9s-1?4 APPLICANT I PAOPeATY DE;SCAIPTION ZONING TO Zb% 1.?. FnOM ?oL•C1rtr'? ?IG?S/iS` D" ? 7 Ac1lts PLANNtNG and ZONINO 80AEi0 CITY COMMISSION SECTION 07 TOWNSHIP s nANGE rb Ir 01-A9 PAGE .Z ?'/ y?• 11! Single Family f"// -, ,i 'lar?pue7 1 1 ° 0 Pr ? • ? .S?.r sar ' r t N 13 O i . . I ?r{ ¦ o ? J w r? 1?. 1 C, Z 9.5?-? ? fc 1 l? I R Clearwater City Commission Agenda Cover Memorandum Item 0 Meeting Date: SUBJECT: Petition for Zoning Atlas Amendment for 1700 El Trinidad Drive; Owner: Stephen M. Dutzar (Z 95-15) RECOMMENDATION/MOTION: Approve the Petition for Zoning Atlas Amendment to Single-Family Residential "Eight" (RS-8) for Lot 1, Block 2, Virginia Grove Terrace and pass Ordinance No. 5938-95 on first reading. and that the appropriate officials be authorized to execute some. SUMMARY OF THE REQUEST: PROPOSED REZONING EXISTING ZONING DISTRICT Residential Planned Development-E (RPD-E) PROPOSED ZONING DISTRICT Single-Family Residential "Eight" (RS-8) This is a City initiated rezoning as a part of the Consistency Program. The property was annexed by the City on October 6, 1994 with a Land Use Plan Amendment to Residential Low and Zoning Atlas Amendment to Residential Planned Development-E (RPD-E). The RPD-E zoning district allows properties to be developed according to the Single-Family Residential "Eight" (RS-8) zoning district numerical and dimensional requirements. The City is eliminating the RPD subcategories in order to correlate zoning district with land use plan in conjunction with the Pinellas Planning Council (PPC) Consistency Program. The Land Use Plan Classification would not be changed. The Planning and Zoning Board held a public hearing on this application on October 31, 1995, after which they unanimously endorsed the proposed Zoning Atlas Amendment to Single-Family Residential "Eight" (RS-8) to the City Commission, Reviewed by. Originating Dept: Costs: S N/A Commission Action: Legal N/A CENTRAL PERMITTING Total © Approved Budget -N/A l) 5 ? Approved w/conditions N/A Purchasin Z g _ D i d Risk Mgmt. N/A User Dept: Current Fiscal Yr. en e CIS Nf 0 Continued to: ACM Funding source: Other _ N/A ? Capital Imp. Advertised-. is Operating Attachments: Date: 10/21/95 13 Other ORDINANCE NO. 5938-95 I Paper: TAMPA TRIBUNE LOCATION MAP ? N R i d equ re ot Submitted by: Affected Parties ? Hone ® Notified Appropriation Code: © Not Required City nag 0 Printed on recycled paper AGENCY YES NO Pinellas Planning Council/Countywide Planning Authority x Florida Department of Community Affairs. X z9515.cc Ul 1 Y INI ! lA i.tJ-) ZONING ATLAS AMENDMENT APPLICATION APPLICANT: CITY OF CLEARWATER DATE ` 10/04/95 ADDRESS'- P.O. Box 474$, Clearwater, 'L 33518 PHONE 462-6567 PROPERTY OWNER(S); sTF:pml M. nUT2AR ADDRESS 1700 EG. TRINIDAD DRIVE, _CLEARWAT£R, FL 34696 PHONE LEGAL DESCRIPTION OF PB.OPE?TY (SUBJECT OF 4EQUFST) Lot t, Block 2, Virginia Groves Terrace GENERAL LOCATION, 1740 El Trinidad Drive/Northeast corner of State Road 590 and El Trinidad Ortve T: ACREAGE 0 . 22 acres m PRESENT ZONING DISTRICT RPO - E tRZOUESTED ZONING DISTRICT RS - 8 CITY COMPREHENSIVE LAND USE CATEGORY Residential Low COUNTY CCMPREHENSIVS LAND USS CATEGORY garirfanri?l 1 ny? REASON FOR REQUEST rm? o o n -jr-S irh e n arrnrrlanra with rUa PPC Con 'ctonry prnpram. IS R' REOU STED ZONING DISTRICT I."'. CONFORMANCE WITH THE CLEAFWAT R COMPREHENS?V:, LAND USE PLAN? YES tic Note: I: zhe requested zone change iS noc consistent wizh the City's Land Use Plan, the applicant will be reau4-red co -Ile a cor7esponding application co amend the land use plan. IS THE REQUESTED ZONING DISTRICT IN CONFORMANCE WITH THE PINELLAS COUNTY COMPREHENSIVE LAND USE PLAN? YE'S-_NO LIST ANY OTHER PERTINENT INFORMATION SUBMITTED Signature ROiewad'-by_ ¦ FP. CITY OF CLEARWATER DISCLOSURE OF INTEREST STATEMENT PROPERTY OWNER(S): `.Name: SI,cwhen M. nntzar_... Name. Address: -.1700 EI,Trinidad Drive Address: - Clearwater, FL 34698 st`r. .REPRESENTATIVE(S): Name: Name: Address: Address: 6 ANY OTHER PERSONS RAVING ANY OWNERSHIP INTEREST IN THE SUBJECT PROPERTY: NO Interest Is: Contingent Absolute X Name: Specific Interest Held: INDICATION AS TO WHETHER A CONTRACT EXISTS FOR SALE OF SUBJECT PROPERTY, NO IF SO: Contract Is: Contingent Absolute All Parties To Contract: Name: Name: I.NUICATION AS TO WHETHER THERE ARE ANY OPTION'S TO PURCHASE SUBJECT PROPERTY, NO IF SO: All Parties To Option: Name: Name: INDICATION AS TO MIETHER THERE A.RE ANY MORTGAGES OR LIENS ON THE PROPERTY, NO I F SO: Hortgage Holder(s) Lien 4older(s) Name: Name: O5/Bs ORDINANCE NO. 5938-95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA. AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF S.R. 590 AND EL TRINIDAD DRIVE, CONSISTING OF LOT 1, BLOCK 2, VIRGINIA GROVE TERRACE WHOSE POST OFFICE ADDRESS IS 1700 EL TRINIDAD DRIVE. FROM RESIDENTIAL PLANNED DEVELOPMENT TO SINGLE-FAMILY RESIDENTIAL 8: 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 Zonin District Lot 1. Block 2, Virginia Grove From: Residential Planned Development Terrace, according to the map or RPD-E plat thereof, as recorded in Plat Book 8653, Page 642, of the public To: Single-Family Residential records of Pinellas County, FL. (Z95-15) RS-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. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal suffi cincy l Rita Garvey Mayor-Commissioner Attest: Namela K. AK1n City Attorney Cynthia-E. ou eau City Clerk Urdlnance No. 5938.95 .7 T r cl) 2 ?3 Z S PROPOSED RE OwNtm APPLICANT l? 15 p s I Q 3 rj 17% 14 C-2 trr! ? rrrr frrs free lr6t 3 13 3 I? nGD I7ef ,' •? ?? 4''• ? r7U?r ' 7 r s rr6? 2Q ??] 11 z { s 21 10 IM n_ ?7.9 171A f7rr r7Je 7 22 g rrsr 23 8 C nss t? ? g 4 7 ?c y 177.1 n:s tT tb X Z5 25 6 ?+ !". 3 5 r H ?•1 4 ? ?V h M ST JOHN • 50 S0 3 •??•• ? ? ?l• i. .1 ?''' 4 c ? :f A nv? . •? f64A: rJ ?:J ZONING -z y S-- /S, psoPr;s-rY 13ESCMPT1aN 4or ? Yzo ce z, ZONING FROM d,ZZ ACnta PLAHNING and ZOHINa BOARD CITY COMM1$SION 3ECT10N QS TOwH3?1iP Z 9 5 RANGE (b E ATtA3 PXOE * Singl• F•m11Y ••? •... - (sue /3 I ' /F 3ra r ^ n a PLEA n ^ W t d L; t z 1 F 0 / 'PE 4200E 4aiin[OK I a 11f f sr W ? u 0 .t »«. t 61 'S '11 '- w N a ?? m Z R .._ c ? ? O a ? rt r p ?• r ? sc ?a4:i?h A r?? f w a QA- r n:, ;,,4 hSJ r { "+ n ' PH s?-ay f a- '.. \ u ? w H anY Auriulii3 ? nrnySi}{ FSuiv 1 ?-?•?r - ? ? ? 4r • sn? t»nos? j1: c? I '?Ay ai:aill?? ? l i AGEN'DA' I OAYE S t Item N _ Clearwater City Commission Reefing Date: C Agenda Cover Memorandum 0 SUBJECT: Application for Future Land Use Plan Amendment, Zoning Atlas Amendment, and Master Plan Amendment for 1221 and 1256 Bay Avenue, 323 & 325 Pinellas Street, and 1225 Reynolds Avenue; Owners: Morton Plant Hospital Association, Inc. and Evmorphia M. Kralls; Representative: Emil C. Marquardt, Jr.; (Z 95-02 & LUP 95-13) RECOMMENDATIONWOTION: Approve Application for Future Land Use Plan Amendment to Institutional and Zoning Atlas Amendment to Master Planned Development (MPD) for Lots 22, 23, & 24, C. Perry Snell's Bluff View Court; Lots 1, 2, & 17, Block B. Westover Subdivision; and Lot 8, S. J. Reynolds Subdivision, and pass Ordinances No. 5856-95 and 5857-95 on first reading. ? and that the appropriate officials be authorized to execute some. BACKGROUND: The subject property consists of three parcels currently zoned Limited Office located within the Master Planning Area of Morton Plant Hospital. Two of the parcels are located on the northeast and southwest corners at the intersection of Pinellas Street and Bay Avenue. These parcels were recently purchased by Morton Plant Hospital, and the requested Future Land Use Plan and Zoning Atlas Amendments are required per conditions of approval of the hospital's Master Plan (See Footnote No. 8 on the Master Plan). The third parcel is north of Pinellas Street and a block to the east of the other parcels. The hospital has a contract for the purchase of this parcel. The present owner has agreed to the proposed request, and the purchase is expected to be completed prior to second reading of the ordinances. The Master Plan Amendment is non-substantial, but, due to it involving Future Land Use and Zoning Atlas Amendments, it is being referred to the City Commission for approval with the request for change of land use and zoning. The parcels on Reynolds Avenue (existing home) and at the northeast corner of Bay Avenue and Pinellas Street (doctor's offices) will continue as presently used (See note #14). The southwest corner of Bay Avenue and Pinellas Street will be utilized for additional parking (interim parking). There is an approved site plan for this site. The Development Review Committee (DRC) considered this request at they June 1, 1995, meeting. Reviewed by: Originating Dept: Costs: S N/A Commission Action: Legal N/A CENTRAL PERMITTING Total CI Approved Budget N/A 4 57 [3 A diti d / Purchasing N/A S pprove con w ons Risk Mgmt. N/A Laser Dept: Current Fiscal Yr. 13 Denied Cis ----? N ? Continued to: ACH Funding Source: Other N/A ? Capital Imp. Advertised: ? Operating Attachments: Date: 8/1/95 & 8/10/95 0 Other ORDINANCES NO. 5856-95 & r Paper: TAMPA TRIBUNE 5857-95 13 N d LOCATION RAP ot Require Submitted by: Affected Parties Belleafr Letter & PZB Minutes ® Notified Appropriation Code: ? None 17 Not Required City nagc «1 Printed on recycled paper Z 95-02 & LUP 95-13 Page 2 There was no objection raised to incorporating the three parcels in the Morton Plant Master Plan. However, the DRC felt additional changes should be made to the Master Plan at this time. The DRC is concerned about the offset of right-of-way and traffic lanes on Pinellas Street at South Fort Harrison Avenue, and would like to see a commitment by Morton Plant to correct this situation with the Master Plan being modified accordingly. There is need for dedication of right-of-way or easement on the west side of the satellite parking lot for the Pinellas Trail. DRC would like to see this modification of the Master Plan made at this time. In addition, there need to be some changes to the footnotes. Central Permitting staff has also requested clarification of the Hospital's buffer installation schedule. Staff is of the understanding that the buffers will be provided as development projects are constructed, but there are some buffer areas that do not have specific projects associated with them; we need clarification for these areas. The attached schedule has been recommended by staff and we anticipate reaching an agreement with the Hospital on this schedule prior to consideration of this item on first reading. Morton Plant has modified its original plan to show the alignment of Pinellas Street, the Pinellas Trail easement, and the footnote changes requested by the DRC. The landscaping/buffer schedule that the staff recommends can be formalized as part of the Plan through a letter of understanding between the Hospital and the City of Clearwater prior to final adoption of the ordinances approving these changes. The Hospital has expressed general agreement with the buffer installation schedule proposed by staff. Since they anticipate a major redesign program for the Druid Road parking lot, they would like to complete the buffer on the south side of parking lot simultaneously with this construction. Neither staff nor the Town of Belleair has any problems with this schedule (see attached letter from Belleair) so long as the installation of landscaping is not significantly delayed. Adjoining neighbors do not want any delay. If the landscaping can be installed by the Spring of 1996, staff would regard this as not constituting a significant delay. Morton Plant has a Board of Directors meeting scheduled prior to first reading consideration and the construction schedule should be known prior to first reading. The Planning and Zoning Board held a public hearing on this application on September 19, 1995, after which they unanimously endorsed the proposed Future Land Use Plan Amendment to Institutional and Zoning Atlas Amendment to Master Planned Development to the City Commission providing the applicant submits a letter of understanding regarding a date certain for installation of landscape buffering prior to final Commission approval. Pertinent information concerning the request is summarized in the tables on pages 3 and 4. Z 95-02 & LUP 95-13 Pago 3 LOTS 1, 2, & 17, BLOCK B, WESTOVER SUBDIVISION EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND SURROUNDING PROPERTIES LOCATION CITY OR COUNTY FUTURE LAND USE PLAN CATEGORY ZONING ACTUAL USE Subject Property City Residential/Office General OL Vacant North City Institutional MPD Parking lot South City Institutional MPD Parking lot under construction East City Institutional MPD Parking lot and retention pond West City Institutional MPD Cancer Care Center under constr. LOTS 22, 23, & 24, C. PERRY SNELL'S BLUFF VIEW COURT EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND SURROUNDING PROPERTIES LOCATION CITY OR FUTURE LAND USE ZONING COUNTY PLAN CATEGORY ACTUAL USE Subject City Residential/Office OL Private doctors' offices Property General North City Residential /Office Gen. OL Single family residential institutional MPD Parking lot South City Institutional MPD Parking lot and retention pond East City Institutional MPD Pharmacy & Occupational Health Building [West City Institutional MPD Parking lot LOT S, S. J. REYNOLDS SUBDIVISION EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND SURROUNDING PROPERTIES LOCATION CITY OR COUNTY FUTURE LAND USE PLAN CATEGORY ZONING ACTUAL USE Subject Property City Residential/Office General OL Single family residence North City Institutional MPD Single family residence South City Institutional MPD Therapy Pool East City Institutional MPD Barrett Center West City Institutional MPD Vacant (trailers parked on site) Z 95-02 & LUP 95-13 Page 4 ZONING RESTRICTIONS EXISTING OL EXISTING DESCRIPTION REQUIREMENTS MPD 317 & 325 REQUIREMENTS Pinellas St. & 1221 Bay Ave. 1256 Bay Ave.; and 1225 Reynolds Density 7.5 u.p.a. max. NIA NIA N/A Lot Area 6,000 sq. ft. min. 44.2 acres 25,220 sq. ft. 48,145 sq. ft. 6,425 sq. ft. Lot Width 60 fit. min. NIA 163.3 ft. 150 ft. 50 ft. Depth 85 ft. min. NIA 136.5 ft. 110 ft. 128.5 ft. Floor Area Ratio 0.3 max. 0.65 max. Unknown Unknown Bldg. Coverage 30% max. NIA Unknown Unknown Open Space Lot 30% min. 25% min. Unknown Unknown Front Yard 55% min. Impermeable lot 0.75 max. 0.75 max. Unknown Unknown coverage OTHER AGENCY REVIEW AGENCY YES NO Pinellas Planning Council/Countywide Planning Authority X. Florida Department of Community Affairs X ABBREVIATION MPD Master Planned Development (City) OL Limited Office (City) PISP Public/Semi-Public (City) u.p.a. Residential units per acre Z 95-02 & LUP 95-13 Page 5 RECOMMENDED SCHEDULE OF BUFFER INSTALLATION ? Prior to the issuance of a certificate of occupancy for the Powell Cancer Pavilion, the landscaping directly associated with the Powell Cancer Pavilion shall be installed (along Watkins Road and on the west side of the Pavilion). ? Prior to the issuance of a certificate of occupancy for the Heart & Vascular Center and associated parking garage, all landscaping directly associated with the Center and parking garage shall be installed. In addition, the landscaping proposed for the personnel office shall be installed. ? Prior to the issuance of a certificate of occupancy for the Central Utility Plant and the associated parking lot, the landscaping immediately associated with the Plant and parking lot shall be installed. In addition, the landscaping proposed in the Master Plan along both sides of the So. Ft. Harrison roadway shall be installed. ? Prior to the issuance of a certificate of occupancy for the Jeff ords Street parking garage, all the landscaping associated with the parking garage and along Jeff ords Street shall be installed. ? Prior to the issuance of a certificate of occupancy for any major improvements to the "Siples" site, the landscaping associated with this site shall be installed, ? Prior to the issuance of a certificate of occupancy for any major improvements to the parking facilities along Druid Road, the associated landscaping shall be installed. The wall to be erected on other private property along the south side of the parking facility is not part of this requirement and shall be erected in conformance with the agreement with the neighbors prior to the issuance of a certificate of occupancy for the Heart & Vascular Center; the landscaped buffer associated with this wall shall be installed simultaneously with the wall in accordance with the variance issued by the Town of Belleair. ORDINANCE NO. 5856-95 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 AT THE NORTHEAST AND SOUTHWEST CORNERS OF THE INTERSECTION OF PINELLAS STREET AND BAY AVENUE. AND JUST NORTH OF PINELLAS STREET ONE BLOCK EAST OF BAY AVENUE, CONSISTING OF LOTS 22. 23 AND 24, C. PERRY SNELL'S BLUFF VIEW COURT. LOTS 1. 2 AND 17, BLOCK B, WESTOVER SUBDIVISION, AND LOT 8, S. J. REYNOLDS SUBDIVISION. WHOSE MAILING ADDRESSES ARE 1221 AND 1256 BAY AVENUE, 323 AND 325 PINELLAS STREET, AND 1225 REYNOLDS AVENUE, FROM RESIDENTIAL/OFFICE GENERAL 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 Category See Exhibit A attached. From: Residential/Office General (LUP95-13) To: Institutional 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 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal suf iciency: Pamela Akin. City Attorney Rita Garvey. Mayor-Commissioner Attest: Cynthia ou eau, City er ORDINANCE NO. 5857-95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA. AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED AT THE NORTHEAST AND SOUTHWEST CORNERS OF THE INTERSECTION OF PINELLAS STREET AND BAY AVENUE, AND JUST NORTH OF PINELLAS STREET ONE BLOCK EAST OF BAY AVENUE. CONSISTING OF LOTS 22, 23 AND 24, C. PERRY SNELL'S BLUFF VIEW COURT, LOTS 1. 2 AND 17, BLOCK B. WESTOVER SUBDIVISION. AND LOT 8, S. J. REYNOLDS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1221 AND 1256 BAY AVENUE, 323 AND 325 PINELLAS STREET, AND 1225 REYNOLDS AVENUE, FROM LIMITED OFFICE (OL) TO MASTER PLANNED DEVELOPMENT (MPD): 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 See Exhibit A attached. From: (OL) - Limited Office (Z95-02) To: (MPD) - Master 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 of Ordinance No. 5856-95. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal suf ency 15amela in, ity ttorney Rita Garvey, Mayor-Commissioner Attest: ynt is ou eau, City er r I .?..•1 a r ?. C1,ti v 7 IZ3S 1 51 OWNER m oA?C-) N PLigtJ HosPITA {.--. 1 APPLICANT -LAND USE PLAN ZONING FROM 'RES tDENT1 PL / O L a F? 1 c E G- o c 2 A Ir C L ?? S I ITV a l ca rJ+-`. p PLANNING and ZONING BOARD ?5--- +3 Gf 5-0L U P pROPIrRTY DESCRIPTION ?n1 LO Y ?+? RG? 110L. LS SVLj Lo -Z 4 ) ?oTs 1, 2 1`7 a 6?C ra, wES? ovcR- ?v?b c). q o ACRES CITY COMMIS510h SECTION '+OWNSHIP RANGE lZ; L A i PAZ VA%JL ? +--- PROPOSED LAND USE PLAN AMENDMENT and REZONING I ,T': SA - u -1 --7,,'- S b z Up", v 1,A11[I U5L PLAIT ANCN1 IMIT APPLICATION 11A11r or PROPrRTY OW11F1t(S) MORTaN PLANT HOSPITAL ASSOCIATION, INC. ADDRESS 323 deffords Strect,Clearwater, FL I11ION13 462-7000 1,t.P)ILSENTAT I VL (IF ANY) EMIL C. MAROUARVY, J[1. ADDnSSS 400 Cleveland St., Clearwater, PL PllON[; 441-8966 LEGAL DESCRIPTION OF PSIOPERTY (SUBJECT OF RCQUFST)_--___.---- -?-? 1 See attached Exhibits GI;IIEFIAL 1,0CATION On the campus of Morton Plant HospiLal ACREAGE less than 2 acres PRESS,NT ZWWG DISTRICT OL REQUESTED ZONING DIS'T'RICT Master Plan Devclopmont Note: A separate application is required if thw zonit+g district is proposed to be chant;etl. PIIESCNT CLEARWATER COMORIHENSIVG LAND USE PLAN CLASS IFICATI011 RESIDENTIAL OPPICE/GENERAL REQUESTEU C1,9AnWA'rrn COMPREIIENSIVE LAND USE PLAN CLASSIFICATION INSTITUTIONAL RS;ASO14 FOP. RCQU£5•r The reason for this request is to c011form the land Liao designations of the Exhibit: A, A and C property to the land use of all property owned by Marton Plant Hospital Association, Inc. on its Clearwater campus. 11111CULAS COUNTY COMPREHENSIVE LAND W-313 PLAN CLAP',3IFICATIO11 INSTITUTIONAL 15 THZ IICQUE5TED LAPI) USE CATF,G011Y iN COSirolIMANCB l ivi Tlir PINELLAS COWITY LAND USI; PLAN CLASSIFICATION? YES x ' NO 110 tct County Land Use Plan aroeadmentr. require the approval of the PLrlellas County Planning Council and tale Slate at Florida (Chapter 163 F.S.). • State Growth Management I,eglslntion limits Ilnal npproval of Laird Use Plan amendmeltts by vle- ?CI y ``C011117jssT013 to twice a yea t' ,Re?'it++ed Sly.. 1 i ._. __.._._..._....»._...?.??_ .. ..l .. .1 till r , ..? CITY OF CLE-ARWATEI2 ZONING ATLAS AMENDMENT APPLICATION Flame of Pro erty Owricrlsl: MORTON PLANT 110SP ITAL A Jeffor s Street Address: Cle?arwater F _f7hone:IS11. 462--7000- _ Fieprc..cntativc (if arty): EMIL C. MARQUARDT, JR. Phone; 8l" 441-8966 Legal Description of Property (Subject of Request): See attached Exhibit-s General Location: On the campus of Morton Plant Hospital Acreage: less than 2 acres Present Zoning District: OL Requested Zoning District: Master Plan Develoi?ment Clearwater Comprolionsive Land Use Plan Classification: RESIDENTIAL I` Pinellas County Comprehensive Land Use flan Classification: INSTITUTIONAL Rangon for iZcqucst: These properties were purchased b Morton Plant Hospdtal Association, Inc.- akter the_ho-spi:t.a ii-inted-j-1-s-request for, having ail?of its property_ cha 7e} to one z.nnz-nq- or,;LgT4a*:an- a-n -- one land use designation. The purpose of this re uest is to all of the hos xtal's zonin and landlu ? ?. Is the requested Zoning District in conformance with the Clearwater Comprehensive Land Use Plan Classification? Yes No x NOTE: If the requested zone change Is not consistent with the City's Land Use Plan, the applicant will be required to file a corresponding application to amend the Land Use Plan. Is the requested Zoning DisUfct in conformance with the Pinellas County Comprehensive Land Use Plan? Yes ?t: No List any other pertinent information submitted: lieviewed hy; -1 Date:- - - I,!- I TOWN OF BELLEAIR NA}Omt STEPHEN G. WATTS COMMiSSIOMansi CONNIE C. MUDANO GLORIA S. BURTON JQ"V4 P. DONt.AN IRENE ALBRECHT IOWN MANAGIVII STEPHEN J. PAPALAS INC. 1925 90t PONCE 09 LEON BOULEVARD ©iLLEAIR. FLORIDA 31618.1095 PHONE 18131 586.3709 FAX iota, BOU•3768 SUNCOM 18151 555.3769 September 11, 1995 NIr. Scott Shuford Director of Central Perrnitting City of Clearwater P.O, Box 4748 Clearwater, FL 34618 Dear Mr, Shuford: At the September 5, 1995 Belleair'rown Commission Work Session, Morton Plant Hospital's proposal to amend its Master Plan was discussed. The attached memorandum was submitted to the Commission prior to the meeting. I have been asked by the BelIeair Town Commission to inform you that the proposal from Morton Plant's representative to build the perimeter wall in the location reflected in the Master Plan is acceptable. The Conmission also accepts the proposal for the buffering on the south and west border of the Jeffords and Druid parking lot area to be coordinated with the major layout changes of the parking lot. The Town Commission does have a concern with coordinating the buffering with the parking lot renovations. That concern is that if for any reason the parking lot project is delayed for any length of time, we do not want the buffering phase delayed. The Town therefore asks the Clearwater Planning Department to c oasider it date certain for construction to start on the entire project. If Morton Plant does not meet that date certain, they should then be required to proceed with the buffering. On behalf of the Bulleair-Town Commission, 1 thank you and your staff for your continued Cooperation. Sincerely, 'te hen G. Watts Mayor SG W/IIs 1;Iiclusurc i6Q SEP 131995 D CENTRAL PENMII"I'1NQ CITY OF CLEARWATER MEMORANDUM TO: Mayor and Town Commissioners FROM: Stephen J, Papalns, Town Manager DATE: September 1, 1995 SUBJECT: Morton Plant Hospital On August 29, 1995 at 2:00 p.m., I attended the Clearwater Planning and Zoning Board meeting in reference to the Morton Plant Hospital amendment request. The Board did not have a quorum present so the request was tabled until September 19 at 2:00 p.m. Before leaving the building, Mark Marquardt and Doug Dahlhauser from Morton Plant Hospital invited Belleair resident Wayne Sibole, Harbor Oaks representative Mr. Kem, and myself to a meeting in a conference room at the Clearwater City Hall. Mr. Marquardt reported that Morton Plant Hospital will build the perimeter wall in the location reflected in the Master Plan which was presented to Belleair and Clearwater. The construction of the wall is to begin shortly. Mir. Marquardt and Mr. Dahlhauser indicated that the buffering for the parking area along the south line of the main parking area and along Druid Road and a portion of Jeffords is intended to be implemented according to plans presented to me on August 28. King Engineering is presently nx*ing some modifications to that parking layout plan. These modifications are intended to allow the hospital's proposed landscape buffering plan to work. The modifications will be presented to the City of Clearwater staff as soon as they are completed. Mr. Dahlhauser explained that the timing of the proposed buffering planned for the south and west border of the Jeffords and Druid parking lot needs to be coordinated with the major layout changes in the parking area according to the plans being worked on by King Engineering. It is anticipated that construction could not start sooner than the Spring of 1996 for the parking area and landscape buffer. I informed Mr. Marquardt that I would report Morton Plant Hospital's proposal to tile Bellcair Town Commission at the September 5th meeting. SJP/ns ..,.... PLANNING AND ZONING BOARD Sepleniter 19, 1995 Members Present: Kemper Merriam, Chair Jay Keyes, Vice Chair Robert D. Bickerstaffe Brenda Nixon Bernie Baron Frank Kunnen Members Absent: Edward Mazur Also Present: Scott Shuford, Director, Central Permitting Gwen Legters, Board Reporter, City Clerk Department The meeting was called to order by the Chairman at 2:00 Lp.rn. in the Commission Chambers of City Hall, followed by the Invocation and Pledge of Allegiance. He outlined the procedures for conditional uses and advised that anyone adversely affected by a decision of the Planning and Zoning Board, with regard to conditional uses, may appeal through the City Clerk Department within two weeks. Ile notes! Florida Law requires any party appealing a decision of this Board to have a record of the proceedings to support the appeal. In order to provide continuity, the items will be listed in agenda order although not necessarily discussed in that order. A. Approval of Minutes - August 29, 1995 One member did not receive the minutes in time to review them and requested a continuance. Member Nixon moved to continue minutes approval to the meeting of October 3, 1995. Tile motion was duly seconded and carried unanimously. 8. Requests for Extension, Deferred and Continued Items 1. (cant. from 6127195, 7118195, 8115195 & 8129195) 1221. 125G f31y pvc•,,_323 & 325 Pine.1las St., and 1225 advs., Westover Sub, Blk B, Lots 1-2 & 17, C. Perry Snell's Bluff View Court, Lots 22-24, and S.J. Reynolds Sub, Lot B (Morton Plant Hospital Association and Evmorphia M. Kralis). Z 95-02; LUP 95-13 LUP: From Residential/Office General to Institutional ZONE: From OL (Limited Office) to MPD (Master Planned Development) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Emil Marquardt, attorney rVpresenting the applicant, stated continuances of the request to add three parcels to the Master flan have been due to questions regarding implementation 11itjz09d,95 Ptiga t of 7 01119/95 j. of the Plan. Issues of special concern are construction of a landscape belffC'r and well 011 the south side of the parking lot, Fie indicate(] Mr. Dahlhauser, the contractor, expects to receive construction materials next week and the wall is to be built exactly where it is shown oil the Plan. Fie slated liming for installation of the required landscaping is to be determined upon approval of the hospital' board's capital budget in October. He said, since the issue is tied in with the hospital's budget, all exact elate cannot be given at this time. They hope to proceed with work in the Suring of 1996. Clarification was requested regarding the location of the landscaping buffer, Referring to the parking area layout, Mr. Marquardt stated the buffer is planned for the north side of the wall, facing the hospital. He said the parking lot is to be paved and it is not logical to landscape beforehand. He indicated these plans have been developed through extensive meetings with City staff and landscaping was never intended on the outside of the wall verging the south property line. No one was present to speak in support of the application. Richard Siple, 3 Druid Place, Town of Belleair, spoke in opposition to the request. He stated lie was selected as the spokesperson for the Belleair property owners adjacent the hospital. He said they rnet with the applicants, arrived at acceptable solutions and supported the hospital's plans. He felt the applicants are attempting to change tite Master Plan after the fact. He indicated an expressed concern over losing parking spaces to landscaping is not valid because the applicants knew of the parking requirements when they agreed to the plan. Mr. Siple submitted photographs of his view of the hospital. He requested that landscaping be installed promptly so it can begin to grow and eventually soften the visual impact on his property. Mr. Marquardt stressed the required landscaping will be installed. He indicated he did not feel they were misleading the neighbors because there had been very little emphasis on landscaping along the north side of the wall during the presentation talks. In response to a question regarding the type of planting materials proposed, it was indicated the installation will follow the Town of Belleair's landscaping requirements, which are more stringent than Clearwater's. Steve Pappas, Town Manager of Belleair, introduced himself and offered to respond to any questions from the Board. Board members expressed concern that the applicants follow through with what they said they would do. One suggestion was to barricade the south portion of tine parking lot until the landscaping is installed. Another suggestion was for Belleair representatives to monitor the situation and notify Mr. Shuford if work does not proceed as indicated, Mr. Shuford explained it had been expected that construC0011 of a proposed lurking facility would trigger installation of the required landscaping. The applicant now proposes to refurbish the existing parking lot instead, so the plan changes somewhat. He stated staff recognizes the applicants' need to coordinate landscaping with construction in the barking lot, He also mpx09a.95 Page 2 of 7 09119195 I- agreed with concerns that a date certain is needed. As the timing cannot be determined at this time, tie suggested a condition for the time frame to be tied clown prior to second reading of the ordinance. Mr. Shuford stated lie would not blare this item oil the City Commission agenda until after the hospital's budget meeting on the fourth Tuesday if) October. Member Keyes moved to endorse Item BA to the City Commission providing the applicant submits a letter of understanding regarding a date certain for installation of landscape buffering prior to final Commission approval. The motion was duly seconded and carried unanimously. 2. Trial Period Review - Jobn_K. & Diuctra LainaslSmart.Stop-Mjudart.In?, to permit package sales of beer and wine (new license) at 1200 N. Ft. Harrison Ave„ Eni hurst 2nd Addition, Lots 62 & 63, zoned Cl (Infill Commercial). CU 95-01 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. He stated the applicant.has substantially inet all the original conditions and recommended approval. jamal Khalil, store manager, appeared to answer any questions. No one was present to speak in support or opposition. Member Nixon moved to approve Item 13.2 subject to the following conditions: 1) Landscaping which has been provided in accordance with Section 42.27 shall continue to be continuously maintained; 2) the hours of operation shall be lirniited to 8:00 a.m. to 10:00 p.m. weekdays and 8:00 a.m. to 12:00 p.m. weekends; and 3) all sign code violations still existing on the premises shall be brought into compliance within two weeks of this public hearing. Tile motion was duly seconded and carried unanimously. 3. Trial Period Review - [2immitt Ca Le,tsi1]g. InC (E's Auto Detailing) to permit vehicle service/auto detailing at 510 Pine St, Wallace's Addition, 131k 3, Lots 6-9, zoned CG (General Commercial). CU 95-15 Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation'. He stated the applicant has done little to comply with the original conditions of approval and staff recommended denial. In response to a question, he was not aware of any special circumstances precluding compliance. Ronell Fuller, the lessee, stated he was not financially able to comply with all the conditions, but he has worked very hard to clean up the property. He said lie has received an offer to have landscaping materials donated and he will plant the+11 soon. Ile indicated he started sealing the parking lot but did not finish because it required more material than lie could afford. To reduce nuise, Mr. Fuller said he purchased new vacuums and moved his detail area to the south end of the building. He said complaints have stopped and he now has the support of his neighbors. Responding to concerns he was doing vehicle service: work, Mr. Fuller stressed he only does auto detailing, headliner and carpet work. He indicated he has tried to be a good mpzNa.95 Pagu 3 of 7 09/19195 IOU-E39-135 TO: FI{OX0 suslacT: 15x27 FROM PLANNING & DEVELOPPIENT TO CITY CLERK P.01 CITY OF CLEARWATER lata"Wpittmtat Curmspgni m R-e . a0 Betty Deptula, City Manager Scott Shuford, Central Permitting Director f) Mortoa Plant Hospital Agenda Item - Landscaping Schedule COPIES: Kathy Rice, Deputy City Manager Bill Salter, Assistant City Manager Pam Akin, City Attorney Cyndle Goudeae, City Clerk .? Leslie Dougall-Sides, Asst. City Attorney DATE: ;November 9, 1995 I have received the attached schedule for providing the landscaping required wader the Morton Prat Hospital Master Plan. It provides for landscaping areas not covered by specific duvolopment projects like the Central Utility Plant and the Heart and Vascular Center, It establishes a schedule for installing landscaping at>,jacent to the wall that is under construction on the south side of the Druid Road/Jeffords Street suite perking lot, including an August 1996 completion deadline, I fW this schedule is acceptable In meeting the buffering requirements of the Hospital blaster Plan, and endorse it to you and the City ConwAssion. I have been in touch with Steve Papalas, Belleau Town Manager, and know of no concerns that he has with this schedule. Should you have questions or comments, please contact me. SS/db Mva?un.eo ?. 1 s, T?7 CITY CLERK P.02 NDU_09-1995 15:27 FROM PLPNN i NC, & DEUELOPMENI 471 PQ2 tdCttl 09 I Q-$ 11 t 4 w.y {..+1 ?? rrtit 1'?iKLWN? HtJSI.EY ATTORNZYa ^NO COUNAC6ORS AT LAW 400 Ct.CVK1 m4os+n%CT S 0.D, eCk IN61><IM awWln ? c4CARWATr,R.IL04"&A 1+1116 ?T!• lMl?t•I C?t.4pVN 3TTICST 161a1??1.t{?N TA,RfIf?I 4wt•r??f0 111 f-^v11ON al'nCt»T, AV4.49 Cava ? T•q. POX Oat {ter. .Malts 0.01 pek 1671 felt a!t'011 TA.t,AVASORK. rLO#gl iA 7[,201 TAMPA. P40010A 4290ft Idc•1 taw 11116 rNt f4d?e !!u!66] 18131 Rl6AR" rAKIMS$ 1476 Raaq IN 1ACH1,Y sA;?Cn Tpl f November 9, 1995 VIA FAX 462-6476 Mr. Scott Shuford City of Clearwater Planning Dept. P. O, Box 4746 Clearwater, Fit, 34618-4748 Dear Scott: Clearwater Office on behalf of Morton Plant Hospital., I can advise that pursuant to your request, the Hospital, agrees to the following Schedule of Suf e r Installations: 1. Prior to the issuance of a certificate of occupancy for the Heart & Vascular Center and associated parking garage, all landscaping directly associated with the center and parking garage shall be installed.' In addition, the landscaping propoaad for the parvonnel office shall be installed. 2. Prior to the issuance of a certificate of occupancy for the Central Utility Plant and the as?soci.ated parking lot, the landscaping immediately associated with the Plant and parking lot shall be installed, in addition, the l.aandscaping proposed in the Master Plan along both mi.des of the So, Ft. Harrison roadway riot included Zor the Heart) and Vascular Center and the Central Utility Plan shall be installed by the end of 1996. 3. Prior to the issuance of a certificate of occupancy for the 7effordo Street parking garage, all the landscaping associated with the pparking garage and along Jeffords Street shall be instal.led. 4. Prior to the issuance of a certificate of occupancy for any mayor improvements to the "Si.ples" site, the landscaping aSsotiated with this site shall be installed. ? '4 t ?0??ryg-19`3S 15.2' FROM pL" I NG & DEUELI3PhGEN1 TO axe-4a?-d4'rri MCFARLANE AUSLEY Mr. Scott Shuford November 9, 1995 Page 2 CITY CLERK P.03 971 P03 NOV 09 193 il:03 ?e -aacs 5. prior to the issuance of a certificate of occupancy for any major improvements to the parking facilities along Druid Road, the ascoci.ated landscaping shall be installed. The wall, to be erected on other private property along the south side of the parking facility ie not part of this requirement and shah, be erected in conformance with the agreement with the neighbors prior to the issuance of a certificate of occupancy for the Heart & Vascular Center; the landscaped buffer associated with this wall shall be installed simultaneously with the construction of the surface parking facility i.mmedintely to the north of the wall, with construction to begin in 1996 when the hea° utll. zati.on created by winter residents ends (normally the and of April or the first of May) and ie completed b August 1996. pace construction is commenced on the parking area, the hospital has every intention to complete the construction as quickly as poesi.ble. , ECM\bs ? .. ? ..: dc: St?p?hii ?apalas ' j M ' sincerely, Emil C. Marquardt, Jr. i TOTAL P.03 SEE AGEND A DRAWINGS -I ? ao r 1 . f S? R Item # tit ' Clearwater City Commission 1 Meeting Dote: 01' 1 CC G Agenda Cover- Memorandum ?irEa (w? SUBJECT: Petition for Zoning Atlas Amendment for "Sky Tower, L.C." site; Owner: City of Clearwater, Representative: James Grogan ( Z 95-17) RECOMMENDATION/MOTION: Approve the Petition for Zoning Atlas Amendment to Clearwater Beach Planned Development District for City Park Subdivision, Part of Lot 7, and pass Ordinance No. 5946-95, on first reading. ? and that the appropriate officials be authorized to execute some. BACKGROUND: The City Commission has entered into a lease agreement that would allow the siting of the proposed "Sky Tower" on Clearwater Beach in the City-owned parking lot immediately across Poinsettia Avenue from Clearwater Beach Civic Center. This lease agreement is contingent upon the representative of the tower project obtaining appropriate zoning and construction approvals. The representative, Mr. James Grogan, has submitted a request for planned development zoning in order to address the unusual and site-specific design issues associated with the tower project. At the request of staff, two separate concept plans have been submitted for consideration. One plan maximizes parking, providing 71 spaces (a reduction from the current 74), but does not meet the minimum perimeter landscaping requirements. The other plan meets the landscaping requirements, but provides only 46 parking spaces. Either plan can be approved as a planned development. City staff has reviewed this request and has determined that it meets the minimum submission requirements of the City Code, as well as the applicable standards of approval (Sec. 40.674) for such requests. The site, however, does not meet the minimum area requirements for a Clearwater Beach Planned Development District (CBPD) as the site contains 0.67 acre and the stated minimum area for such zoning is 4.0 acres. To approve this reduced area, the City Commission must make a finding that deviation from the minimum acreage is in the public interest; such a finding is included in the attached ordinance. The Planning & Zoning Board will consider this request on November 14, 1995, with the results of that meeting reported to the Commission thereafter. KEY FACTORS RELATING TO THE REQUEST: ? Tower Height: 335 feet ? Tower Footprint: 515 feet ? Parking: Meets code standards. ? Landscaping: Upgraded. Reviewed by: Originating Dept: Costs: S NIA Commission Action: Legal N/A ? CENTRAL PERMITTING Total ? Approved Budget N/A -?5 ? A roved w/conditio Purchasing N/A S pp ns _ Risk Mgmt. NIA User Dept: Current Fiscal Yr. ?] Dented cis ? Continued to: ACM Funding source: Other NIA ? Capital Imp. Advertised: ? operating Attachments: Date: ? other ORDINANCES NO. 5946-95 Paper: TAMPA TRIBUNE LOCATION MAP ? Not Required Submitted by- Affected Parties ? None ® Notified Appropriation Code: © Not Required nag City 0 Printed on recycled paper Z-0 CITY OF CLEARWATER ZONING ATLAS AMENDMENT APPLICATION Name of Property Ownerisl: CQE? 4E CLE ARWArE?R_??? -- ? t ? -- ? - T Address: Po boA q 7 4S - (g. L%wATER 11:7L 3`t?lY Phone: { 813) ??}(aZ 'X717 a -- //?? Representative fit any):JAH ES C-9 0(TA, f Phone: $6 X2509 Legal Description of Property ISubject of Request): CITY PARK 508 PART OF LOT 7 General Location:. Pf)19SfTTtkVf-W6 AFTW CM MARIANNE STRELY_- AND Acreage: O. L7 A`US - _l" LS-P Requested Zoning District: C9 P D Present Zoning District: n Clearwater Comprehensive Land Use Plan Classification:, TRVISPORrA f [ON Z ?UrjLi r j Pinellas County Comprehensive Land Use Plan Classification: _1 n I spoitiA 1 100 "T, L, V NTL-r ! AR/ ` `V! Reason for Request: To L14W Qtribm?, CDLAMERCIAL Rj5C-AeATJ0)J/ Is the requested Zoning District in conformance with the Clearwater Comprehensive Land Use Plan Classification? YesY No NOTE: if the requested zone change is not consistenr with the City's Land Use Plan, the applicant will be required to file a corresponding application to amend the Land Use Plan. Is the requested Zoning District in conformance with the Pinellas County Comprehensive Land Use Plan? Yes No List any other pertinent information submitted:,, „ Signature: Date: /0Z3 dZ 9 S?" Reviewed by ORDINANCE NO. x-946-95 AN ORDINANCE OF lHE CITY OF CLEARWATER,. FLORIDA, AMENDING THE ZONING, ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED EAST OF POINSETTIA AVENUE. SOUTH OF MARIANNE STREET AND NORTH OF CAUSEWAY BOULEVARD. CONSISTING OF PART OF LOT 7, CITY PARK SUBDIVISION. WHOSE POST OFFICE ADDRESS IS 112 SOUTH OSCEOLA AVENUE. FROM PUBLIC/SEMI-PUBLIC TO CLEARWATER BEACH PLANNED DEVELOPMENT: PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City 'as set forth in this ordinance is,found to be reasonable, proper, and appropriate, and is consistent with the City's Comprehensive Plan: and WHEREAS, the City Commission has determined that it is in the public interest that a Commercial Planned Development zoning designation is appropriate for the subject property evert 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. (Z95-17) Zoning District From: Public/Semi-Public (P/SP) To: Clearwater Beach Planned Development (CBPD) 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 Approved as to form and legal sufficien?y: arfle d ' N. A:ir1 City Attorney Rita Garvey Mayor-Commissioner Attest: (,ynt i a E:.. GoLl eau City Clergy: WHEREAS. the amendment to Ordinance No. S94G•95 LEGAL DESCRIPTION Commence at the Northwest corner of Lot 5, City Park Subdivision, as recorded in Plat Book 23, Page 37, of'the public records of Pinellas County. Florida; thence S05°22'28"W along the West boundary of said Lot 5, (said bearing being related to Florida West Zone Grid North, established by the Florida State Road Department. November 12, 1958, at 7:14'E.S.T. and is equal to bearing of S06°31'00"W as shown on said plat of City Park Subdivision) 19.58 feet: thence N37°54'04"E, 16.63 feet to the south right-of-way line of State Road 60: thence N88°51'28"E, 287.95 feet to the Point of Beginning: thence continue N88051'28"E, 154.47 feet-, .thence S44°49'38"W, 22.79 feet; thence S06°03'59"E, 155.19 feet to the North right-of-way line of Causeway Boulevard: thence S84°21'28"W, 183.09 feet: thence N05°22'28"E, 17,2.02 feet: thence N38°39'27"E. 18.10 feet to the Point of Beginning. Exhibit A grd}nanar 11o. 5746.75 PAPAYA TC OUR xn?r? 10 i 1 ? OwNr_n C t'rY OP CLEARWATE.R APPLICANT rnaM TO ZONING PlSP CBPD Z q5-17 r nOPEnTY DESCnIPTION A ,y.R7' ti..r? -r 73 C MY PARK SUZ 0,67 ACnEd PLANNING and Z014ING SOAnD CITY COMMISSION a _CTION o6 TOWNSHIP 2q t; nANGE 15 E ATLAS PACE 267 A PROPOSED REZONING b z N .r rhq iH 1 J d ?J1nal wal •w.w Q y. Ii 'we 61 f'n i •SD A w+.MrTY7 +av - Td t? W IT111~? • d 'ar v"Ui 'am M34). 1 ?I P 1 Y' x 1 d ? 3 Ej If w Iwi •Sl ?( ?Y MCh11YJ + ..?? ')1. awri.OM 1nT ? •.I/10M ?o JAY -%,0& w)" LT-QM go., 'lnT JJM.r.W J.n`i ALIJ/ l...rZ? aL It 1 ?1 /•nJ 1T W?'HY -?Y'C?'.Da y - 'NT MrQ lix. Q 9 1 '>+r J111.... ?? 1 •+ Tn. a +Y ? + 1 'i?Y W1?1MYN U?r?.?+? 7,s Q ? k 1 a, MOV-10--3 995 1441 FROM PLAt44WG B. DEVELORIENT TO CITY CLERIC P.02 l=RL7M Captains & Kings PHONE: No. : (313 441 4627 NovA./ f39 1995 Q5:56pM pal l Sk, y- Pl,*tln ilk 6- 0A "'?) & ~ n d U.x C. A c. 1 Il U a 5 V u S A. At V C -c i tl . "7''?,•? fA S.T' .. ? ?" .dir. , ? A eu..F=-..Z? . d.• o• r-Q!'. ir, "'.n -n-A fza..? d ?+ lkl.l? R.un? 4L,%.r,, 4!;!i ooti .....0 fu 5.f.n ».. '? 0 Tht .....??? n'f. (z 4:2 ^Tc> Gw,n.._» / !.P:I1 y r.fi? i''?•4 /2,,w ^,1 O "T.. _A r,, r.-hri-oon [44yuam,y.. 10 %I1 -? b a lpl .':r rte...., f1 ._.?J .I?-o ..b /2.•„? . X n. ... ^„J. .. r 44 ?J 09 If J C/ ..... 0-,/A!! .-0 -A) e, r/ TOTAL P.02 TO: PROM: SUBJECT: Betty Deptula, City Manager CITY OF CLEARWATER Interdepertment Correspondence C-\e - Q Scott Shuford, Central Permitting Director ?5 Planning and Zoning Board Action - Clearwater Marine Tower COPIES: Kathy Rice, Deputy City Manager Bill Baker, Assistant City Manager Pam Akin, City Attorney Cyndie Goudeau, City Clerk DATE: November 15, 1995 On yesterday afternoon, the Planning and Zoning Board recommended approval of the Clearwater Beach Planned Development zoning for the Clearwater Marine Tower by a vote of 4 to 3 (Mazur, Kunnen and Baron opposed). In considering the proposal, the Board noted the following advantages associated with the tower development: ? Positive effect on economic develop ment/touri sm/eco-tou rism. ? Tower is a unique attraction that does not cost the City any money, and may generate revenue. ? Tower is a unique identity feature. The Board preferred the 71 parking space concept plan. Also, in considering the proposal, the Board noted the following potential negatives associated with the tower development: ? Operational factors relating to parking access for the variety of uses in the vicinity of the tower site, including the City Marina, the Civic Center, and the Beach Diner. ? Possible evacuation problems should the tower fall and other safety concerns. ? Parking extending into FDOT right-of-way on the "original" (71 parking space) plan. ? Tower height not in character with the area. ? Traffic capacity concerns. ? Location (one member who voted against the proposal indicated he would have supported another location). Five persons spoke in favor of the request, with one person speaking in opposition. Attached are slightly revised site plans (changes to site data table only) for distribution to the City Commission. Please advise if you have questions or comments. SS/db VVITWR.'" M"", ge = QJ c. 40 .675 - Stan rds for_Annroval for Rezonin (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 chapter 40 which govern the development of the property will sufficiently safeguard the integrity and character of the area. (3)- The amendment will not constitute a grant of special privilege to an individual 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 the traffic-carrying capacities of streets, in an unreasonable or disproportionate manner. {8} The district boundaries are appropriately drawn with due regard to locations and claosifications of streets, ownership lines, existing improvements and the natural environment. (9) The amendment will result in enhancing the health, safety or welfare of the citizens of the city. (10) The amendment will further the expressed purposes of this land development code. (11) The amendment will not in any way deter implementation of the comprehensive plan. 1"C' D, L 1.4 rol 7.1 C: t4 •a w 0 6- %j n v r9 d ai '^•05 . D n ti b' V ?. rp p 4a V , ti G 0 v c V -a =c -? v WCIS o •r3 a PS L. r ri V A rs C O .ta '? . G Sy i. rfj ! 7 r. C 'C i C C _?. ^J cl C O ti H t C L n h ?,+ tC.y ti• -? ,J ?' ice. C "NS ?' "C3 *? w it i t`i?, ' v0~ ti r t%j sC, ?h "'? d C^. O -. 'U u A .C LO) C: 0 M n G3, m + y ?-+ •fl N H .,?.? i•• to O • ' ^J ".J : } •r rs lJr. U O "J pJ„• • c ti •3J yr .?3 t " d .? .d C 't3 S i a' ' J C O 'C7 '? .O LM "r3 -cz r-,' i!1 11) r lu r3 CL. Lm Ln W5 Ib OG f1 'r. ?'j ?• n r J 4. I P?? ^ ? 4 J v LM 14 m '. U ' f zi 'L3 O' C 4. c Q. tfa V3 -? j 2! '? '- O r`ri " t, a .sj O L c3 ry C1 '? rn cry ??• E ' . D ,vJ r3 Cam. .-: G t, ?-: w rZ r. ' "C3 l}' h Y J a?+ C : f ti CL LM w • ? ? 4.. ? ? ? +-? V) 'i] '? 2i^? V Z '? C ryJ O . ^ iC.. G • O ? O b4 Q G r- p V G u N a ?.n? a CQ UH J ?, '. C7 c ?, rah c lu -? „ W CJ Sl V Sl '? D. tMfy .. G '?•+ .iC Ct7 si Cl; a., y V% >? ? ?cz.+ r •? ? ?+ W ? •th vi cl t- L4 ?.y H^ ? o a H ate, ? f-4 r V3 7FZ L, t4 a 'D, r- V4 ti C 'rn v' w p V W^. tiC•, W' G fi 'r3 r7 O- ?.. O Q L h r7 r3 E J Q "1 w. H c .? a H cta V fn v, V r, H a. .t a. . 's a NOV 16 '95 13:18 KING ENG ASSOC INC p.2i7 King Engineering Assochates, Inc. 24945 U.S. HlDhmy 19 North # Cleanvater, Florida 34523 • (813) 791-1441 + FAX (813) 791.9228 Full-Sarvice Planning, Engineering, Surveying & Environmental Consultants November 16, 1995 Mr. Ed Armstrong Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A. 911 Chestnut Street Clearwater, FL 34617-1368 Re: Clearwater Beach Tower Dear Ed: Per your request, we have researched the potential traffic and parking impacts of the proposed Clearwater Beach Tower. As we understand, the City of Clearwater is exploring the possibility of erecting the tower in the parkins lot adjacent to the civic center and marina. Based on information provided by the City "The tower must be placed in a high-pedestrian location, preferably along Gulf Boulevard or Mandalay Avenue". The City also assumes 2,000 riders per day, and 200 riders per hour although the following items are unclear: 1. Where will these riders come from? And what proportion of the riders are expected to be "Walk-up" from the beach and/or nearby hotels? 2. How many vehicle trips (trip generation) will be attracted? 3. How many parking spaces are needed? KEA consulted several references and traffic/parking information on unique land uses such as an observation tower is lacking. However, we have attempted to provide an accurate assessment of the potential impacts. 1. Where will the riders come from and what proportion of. these riders are expected to be "walk ups" from the beach and/or nearby hotels" Apparently the City has made an assumption that all riders will be walk-ups from the beach or nearby hotels, to determine that no additional parking or traffic impacts would be created. The Florida Transtnortaijan Almanac considers the average sociallrecreational walk trip to be 8.96 minutes. In our opinion the average one-way "walk-up" trip to the tower would be 1,900 feet (walk speed 3,5 ft./sec.) and many portions of Clearwater Beach and public parking spaces are not within a 1,900'radius of the proposed tower. This is approximately 60% of the distance assumed by the City (3,000 feet). As such, we expect approximately 40% of the tower riders to drive a vehicle and search for a parking space within the immediate vicinity of the tower. rv nn nr 5 , nTn T977 NOV 16 '95 13:19 KING ENG ASSOC INC l &. Ed Armstrong November 16, 1995 Page 2 2. How many -vehicle trips will be attracted, P.3/7 Using the City estimates of 2,000 riders per day (200 riders per hour for a 10 hour day) we expect 800 riders (40%) would arrive and depart via private automobile. Using an average auto occupancy factor of 2.3 person/automobile this would equate to 348 one-way automobile trips (696 trip ends) per day of which 35 one-way automobile trips (70 trip ends) would occur during any given hour. 3. How many parking spaces are needed? Based on the above calculation of automobile trips we expect a demand for 35 additional parking spaces which would be occupied throughout the day with turnover on an hourly basis. Presently, the parking supply/demand in the area of the tower is as follows: PARKING SPACE ASSESSMENT i?++.-iNJweyii# ..aMV n.. %•. ?..•a >.1 '#r...%". ?.n w. wY,I.wr•.y?..:vaw'i-.w.•%.v • .%•w?•Irw. #.f.#wa %..:r:.wF- a% :.S:i n;. Memorial Civic Center 89 74 - 15 Clearwater Marina 627 318 -309 Total 716 392 -324 According to City code requirements there is a 324 space deficit, additionally four (4) spaces would be eliminated for tower construction. Considering the existing deficit, we do not believe adequate public parking is available within a reasonable walking distance to the proposed tower, This may lead to illegal use of private parking areas of nearby hotels/businesses, or if adequate parking is not available, decreased ridership may result. We urge the City staff to take a closer look at the expected impacts of the proposed tower. Please call me at 791-1441 if you have any questions. Sincerely, lr Joseph J. Kubic Director of Transportation Services :es GA621A WSTKONA ti 0 } U ITV-13--1995 10.51 FROM CLEARWATER MPRINA TO 94418617 P-02 Clearwater H26ormAster May 19,.1995 CLEARWATER MARINA 25 CAUSEWAY BLVD. CLEARWATER, FLORIDA 34630 TELEPHONE (813) 462-6954 * NOTICE TO COMMERCIAL VESSEL-SLIP TENANTS'OF CLEARWATER MARINA * Paragraph 4 of Your Docking Permit with the City of Clearwater covers the "Sale of Commercial Vessel(s) named in the Docking Permit." Commercial vessel slip-'Tenants have been allowed to sell their business, along- with, vessel,: to. a. new owner. The slip would then either be retained by the seller or relinquished and transferred to the new' owner. All -slips- and- docks at this Marina are-owned by the city and•when a business is sold, the new owner is NOT buying.a slip. The-slip-is transferred on a new docking permit to the owner of'the business. in several cases the new owner has wanted to immediately change the vessel and type of operation for the business.. our 6urrent policy is to approve a change of vessel 'or 'chahge .of business, as long as it was not a safety or environmental problem. This gave the impression that the. slip was being - sold by the-city, which is not the case. EFFECTIVE IMMEDIATELY, the new.owner of a,' commerrcial business at this Marina will be required-to maintain the'same type operation and the.same vessel for a one year period. After the one year period, a change of operation or charige, of . vessel can be requested. if during;'the one year period, the new owner fails to follow the conditions of this notice, the commercial slip will revert back to the city and'the number one person on the commercial waiting list will be-offered the slip. The Central Permittinq.Department.has.advised me that the Marina n a aeri.c oval WI-1-1 ease an carry ng cape lit-ies over your current amount. Your continued cooperationi.s appred3ated. ".Please call me at 462--5954 if you, have any questions. 4Wilceam ely, C. Head, Jr, Harbormaster cc: Elizabeth M. Deptula, City Manager Paul Richard Hull, Aesistant City-Attorney 'EqLral Employment and Affirmative Action Employer' NOV-13--1995 10:52 FROM GLEARWATER MARINA TO S " r .r?- M x TO: MIOMt WMaba C. Held, Harbormaster 94418617 P.93 CITY OF CLEARWATER 1nMrdrMortmrnt trttrt?+rrdrnn Stephen L, Doherty,-Permits Supervisor -3 b SUBJECTi Marina parking, approval- of marina usage COPWR: Scott Shuford, Director Central kexmlttlne DATE: April 51 1995 This Memorandum i's intended to serve two purposes; £'iist, to aluWy. the parking requirements for uses within the City Marina and second, to explain whewa conditional use permit may be required. IMUlu,pKcau 4ments The number of parking spaces which are xectutred ?for.the City Marna am based on a toW of spaces needed for the individual uses located. on the marina prgpmty .aW the eases within the naazina itself. Me tonal number of arm a=s Cxt Maw rt is 627 aces. It should be noted that the Contra[ permitting Department Director, and Development Code Administrator, Scott Shuford, made the determination that the parMng AquW for the passenger vessels is to be based ort one parking spate per three pasSengers. The Ci Marina has 3 ($ a Wng spaces on site, with an additional 50 atkvncr'_tnnrs-q cntx pxking_ of across t Qc ,me or a o of 368 Arkin fi aces a 't1 Given at dgfici! of z59 parking spares and the lack of addition aced arra which coi?tddt:tez.ad ?narang, p ease'bo advisad that any increase sage of the marina property Would likely result in neeat fvr a parking variance. Please sec the next page for an analysis of the uses currently existing on the marine pmperty, together with the applicable number of parking spaces required. -C-9-1dt?.81 u"gEsguked: As we have previously discussed, you have single-handedly managed the City Marina operations; Including the leasing arrangements for the various commercial operations located !a the marina proper. Section 41.053(19)(b) of the Land Development Code requites that'"All proposed activities including, but not limited to, fueling, pumping out, chaxtering, living-aboard, launching, dry storage and the servicing of boats, motors and mlated marine equipment shag requ a spebific approval by the p1mudng and zoning board (as a conditional use) in order to be.permitted". In spite of this code requirement, you remain authorhM to approve the replacement of an existing operation. within the marina, so long as the replacement does not result in an increase in the stcimber of passengers serviced or a significant change in the typo of commercial activity proposed. r, NOV-13-1995 10:53 FROM CLEARWATER MARINA TO 94418617 P.04 Tcnant Square footage Paxidng formula ParkWg required (no. spaces) Lev Dortorksy 391 4.5 per 1000 sq.1t. 1.8 Bruce Littler 188.5 4.5 per 1,004 sq.ft. 0.9 !fealty, Inc: each Views ].,089 4.5 per 1,000 sq.ft. 4.9 Harbour Yacht 937 4.5 per 1,000 sq.ft. 4.2 Marirna Dental 1,250 4.5 per 11.000 sq.1t. 5.6 and Denture U.S. Post 3,124 4.5 per 1,000 sq.#t. 14 Office Spoto 189 4.5 per 1,000 sq.ft: 0.8 -International USCG 304 4.5 per 1,000 sq ft. 1.4 Auxiliary U.S.C.G. 140 4.5 per 1,000 sq.R. 0.6 Marina Gift 11450 6per 1,000 sq.ft. 8.7 Shop Marina 11450 1 per 100 sq.ft. 14.5 Restaum nt Clearwater 4,882 ver100 WA 24.4 Seafood 2 Commercial 1,636 passenger passengers 1 per 3' passengers 545.3 vessels Total parkWg requirtW for City Marina: 627 1 look forward to'working with you to more completely address these and related Issues as may be necessary, and if I can provide any additional information, please let me know. MOMOMAHI-W r SEE AGENDA _+ . e?I DRAWINGS I /?yo ORDINANCE NO. 8943-95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE FRANCHISE AGREEMENT WITH TIME WARNER ENTERTAINMENT-ADVANCE/ NEWHOUSE PARTNERSHIP, TO AMEND THE FRANCHISE AGREEMENT TO EXTEND THE TERM OF THE FRANCHISE FOR A PERIOD OF THREE MONTHS, ENDING ON FEBRUARY 1, 1996; PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2084 of the City granted a nonexclusive franchise for the use of City rights-of-way to Vision Cable of Pinellas, Incorporated; and WHEREAS, Ownership of Vision Cable was changed and the franchise was duly transferred to Time Warner Entertainment-Advance/Newhouse Partnership ("TWEIAN); and WHEREAS, Vision Cable of Pinellas, Incorporated now TWEIAN has submitted a renewal proposal pursuant to the provisions of the Cable Communications Policy Act of 1984 and the Cable Television Consumer Protection and Competition Act of 1992 (Federal Cable Act); and WHEREAS, additional time is required for discussions between the City and TWEIAN on a successor franchise agreement; and WHEREAS, in order to accommodate the franchise renewal negotiation process, the parties desire to allow for the extension of the current franchise and proceed with negotiations under the informal procedures of the Federal Cable Act; and WHEREAS, TWE/AN agrees to the extension of the franchise term to allow for such preparations; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The term of the franchise agreement between the City of Clearwater and TWEIAN, granted by Ordinance No. 2084 of the City, is hereby extended an additional three months such that the term shall expire on February 1, 1996. All other provisions of Ordinance No. 2084 as amended shall continue in full force and effect. TWEIAN shall operate in the same manner as prior to the extension. Operation in the same manner and under the same terms and conditions include, but not limited to, access and local origination operation and funding consumer service and complaint response, and compliance with all public safety regulations and applicable laws and regulations. Section 2. This ordinance shall not be construed to infer that the term of the franchise shall again be extended, or that TWEIAN shall be approved as a franchisee of the City beyond the extended term of the current franchise agreement. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING November 2, 1995 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal rluffiiency: A Pamela K. Akin, City Attorney Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk 2 '.l The paperwork for Item #23 moved to 1217!95 pack ? )fv3 .. -vi S I Clearwater City Commission q T Agenda Cover Memorandum SUBJECT: Generator Service/Maintenance Contract Item a Meeting Date: RECOMMENDATION/MOTION: Award a contract to purchase generator service /maintenance for a period of 22-months, (12/1/95 through 9/30/97), with three one-year renewal options, to Diesel Energy Systems, Inc., Largo, FL, at a cost of $52,275.06 which is the lowest, most responsive and responsible bid submitted in accordance to specifications, Rand that the appropriate officials be authorized to execute some. BACKGROUND: The current generator service /maintenance contract expires November 30, 1995. During the 1995/96 budget hearing meetings, the City Commission approved the General Services' budget which included out-sourcing these services. Bids were solicited for a 22-month generator maintenance contract with three one-- year renewal options; generator maintenance services include: scheduled servicing, inspection and load testing for 24 generators and 1 blower; the temporary replacement of inoperable generators and backup power supply/fuel in support of emergency operations and hurricane recovery. Eleven bids were solicited; two bid responses were received. Evaluation of the bid responses submitted by Tampa Armature Works ($79,580.00) and Diesel Energy Systems, Inc. ($52,275.06) revealed that Diesel Energy System's bid is the lowest, most responsive bid submitted for the 22--month contract ($24,601.26 for FY 1995/96 and $27,673.80 for FY 1996/97). 'Diesel Energy Systems' bid included an estimated annual increase of 20 for the first year option to renew; Tampa Armature Works estimated its annual increase at 4% for its first-year option to renew. The 1995/96 General Services/Fleet Maintenance operating Budget--Equipment Repair- Services, 566-06611-546500-519-000, which has available funds of $393,314 as of October 23, 1995, includes sufficient funds for this contract through 9/30/96; funding subsequent to that date will be included in the department's 1996/97 operating Budget request. Fiscal year impact for 1995/96 is $24,601.26. Reviewed by: ri inating Dept: Costs: S 52 ,275.06 Commission Action: Legal 4?? G ner 1 a er_ s ices ? \ ? Total ? Approved Budget h i P , W E 24.601.26 ? Approved wjconditions as ng urc ? Denied Risk Mgmt. User Dept: Current Fiscal Yr. cis N/A various Funding Source; ? Continued to: ACM other ? CapitaL Imp. Advertised: ® Operating a Date: 9/22 & 29/95 ? other Bid Tabutation/Bid summary Paper: PC Review & Tampa Trib. ired ? N t R o equ Submitted by: Affected Parties Appropriation Cade: © None ? Notified 566-06611-546500 -519.000 ? Not Required City MIIrx?gcr Cot Printed on recycled paper I -CITY OT CLEARMATER, ?LORIDA GNZMATOR REPAIR SERVICE szo 111-95 OPENED OCTOBER 9, 1995 DIESEL ENERGY SYSTEMS LARGO F RIDA UNIT TOTAL DESCRIPTION QTY p_RICE PRICE INITIAL 10 MONTII PERIOD 1. MONTHLY MAINTENANCE - ALL UNITS 10 614,49 6,144.90 2. ANNUAL LOAD/OP TESTS - ALL UNITS 1 10,336.00 10,336.00 3. ANNUAL MAINT/OP TESTS - ALL UNITS 1 8,120,36 8,120.36 4. ANNUAL OIL ANALYSIS - ALL UNITS 1 0.00 0.00 SUB-TOTAL - 10 MONTHS 24,601.26 SUSSEQUEHT 12 HONT11 PERIOD 1. MONTHLY MAINTENANCE - ALL UNITS 12 768,12 9,217.44 2. ANNUAL LOAD/OP TESTS - ALL UNITS 1 10,336.00 10,336.00 3. ANNUAL MAINT/OP TESTS - ALL UNITS 1 8,120.36 8,120.36 4, ANNUAL OIL ANALYSIS - ALL UNITS 1 0.00 0.00 SUB-TOTAL - 12 MONTHS 27,673.80 INITIAL 22 MONTH CONTRACT TOTAL; 52,275.06 s.......... ti ESTIMATED COST INCREASE FOR RENEWAL 2% TIME RESTRICTED CALL-OUTS: BUSINESS HOURS: 8:00 AM - 4:30 PM COST PER HOUR: $46.50 COST PER MILS; $ 0.00 NON-BUSINESS HOURS; COST PER HOUR: $69.75 COST PER MILE: $ 0,00 SATURDAY/SUNDAY; COST PER HOUR: $69.75 COST PER MILEr $ 0.00 HOLIDAY; COST PER HOUR: $69.75 COST PER MILEt $ 0.00 TERMS; NET 30 START DATE; IMMEDIATELY SUMMARY OF BID 181-95 BIDS SOLICITED: 11 BIDS RECEIVED; 2 NO RESPONSEr 2 NO-BID RESPONSE: 7 BUNMARY OF NO-BID RESPONSES DO NOT OFFER SERVICEi 5 SCHEDULE WILL NOT PERMIT: 2 TAMPA ARMATURE WORKS TAMPA. FLORIDA UNIT TOTAL PRICE PRICE 1,875.00 18,750.00 10,000.00 10,000.00 9,165.00 9,165.00 0.00 0.00 37,915.00 1,875.00 22,500.00 lo,o00.00 10,000.00 9,165.00 9,165.00 0.00 0.00 41.665.00 79,580.00 4% 7:00 AM - 3:30 PM $50.00 $ 0.00 $70.00 $ 0.00 $70.00/$95.00 $ 0.00 $95,00 $ 0.00 NET 30 10 DAYS egq CONCRACT This CONTRACT made and entered into this 1st day of December, 1995, by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as "City" and Diesel Energy Systems, Inc., of the City of Largo, County of Pinellas, and State of Florida, hereinafter designated as "Contractor." WITNESS ETH: 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 to the Contractor, shall and will at its own cost and expense perform all labor, furnish all materials, tools and equipment as detailed in: Generator Maintenance Contract - Statement of Work (Exhibit A) Bid No. 181-95 - Generator Service/Maintenance (Exhibit B) In accordance with the City's attached technical specifications and the Contractor's bid response, together with any instructions to bidders, gen6ral 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 conmined herein within the time specified for completion of the work to be 'performed by the Contractor, then the laity 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 conained 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 CONTRACT'OR'S ACTIVITIES ARISING OUT OF THIS CONTRACT, AND FURTHERA10RE, INCONSIDERATION OFTHETERIVIS, STIPULATIONS AND CONDITIONS AS CONTALNED HEREIN, THE CONTRACTOR AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COS'T'S OR SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIN-IS NIADE UNDER THIS CONTRACT AGAINST THE, CITY OR TIIE CONTRACTOR Olt THE CONTRACTOR'S SUBCONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY ¦.., o THE AFORE'NIENTIONED CONTRACTOR, SUB-CONTRACTOR, AGI;N-1.S, SERVANTS OR EMPLOYEES. In addition to the foregoing provisions, the Contractor agrees to conform to' the following requirements: rr In connection with the performance of work udder this contract, the Contractor agrees not to discriminate against ally 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 advertising; lay-off or termination; rates of pay or other forms of compensation, atld selection for ttahiing, 'including riliprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer seating forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts llcteunder, including contractors or agreements with labor unions and/or workers' represcotatives, except sub-contractors for slandard commercial supplies or raw materials. It is mutually agreed between the parties hereto that tinl7ris of the essence of this contract, and in (lie event that the work to be performed by the Contractor, is not completed within the time stipulated herein, it is thell further agreed that file City may deduct from such sums or compensation as may be due to the conivactor tiie sun} of $61.44 for services illat the work to be performed by the Contractor remains incomplete beyond the little limit specified herein, which stall of $61.44 shall only and solely represent damages which the City has sustained by reason of Tile Failure of the Contractor to complete the work within the time stipulated, it, being furtlier agreed that this stem is not to be construed as a penalty but is only to tae construed as liquidated damages for the Contractor's failure 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 dupli- cate, the day and year first :above written. CITY OF CLEARWATER IN PINELLAS COUNTYe FLORIDA F SE L By. _ Elizabeth M. Deptula City Manager Countersigned: By: _ Rita Garvey, Mayor--Commissioner (Contractor must indicate whether Corporation, Partnership, Company or Individual.) By: (The person signing shall, in his own handwriting, sign the Principalrs 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). Attest: Cynthia E. Goudeau, City Clerk Approved as to form and legal sufficiency: j Paul" Richard Hull Assistant City Attorney (Contractor) 3 E011 IT A- GENERATQR MAINTENAI`I F_rQNTRACT STATEMENT OF WORK Scheduledlunscheduled service and maintenance, plus time restricted response calls on approximately twenty-five (+/- l or 2) standby diesel, LPG or natural gas fueled engine driven generators, pumps or blower sets. These units are of various manufacturers (for generators, various voltages and rated capacities) and are located at multiple sites and locations throughout the City. Equipment inventory and locations are on attachment. n ra d it i This contract is renewable for the-period December 1, 1995 through September 30, 1997, with three fiscal one-year option periods. This contract expires on September 30, 2000. Capability the successful bidder shall represent a firm regularly engaged in the preventive maintenance and repair of engine driven generators and pumps or blowers for at least five (5) years. Aeferences and documentation shall be included in the successful bidders proposal.;f Typical documentation shall include the 'names of previous customers,.vrikh,,,s whom;?ihe;,bidder has done similar maintenance and repair services... A copy of the bidde'r' seriiice program to include staffing, facilities, tools acid equipment shall be included in the bid package. ' Bidder's service program must include detailed procedures for response to'simultaneous multiple service calls/locations. .. The successful bidder shall be capable of providing substitute units on a priority basis to the City and this contract option would be exercised when a service and maintenance contracted unit was rendered incapable of providing mission support due to a catastrophic failure. Additionally, the contractor shall be capable of providing portable fuel tanks (as applicable DOT/EPA/UL/FM) in the 500-1000 gallon range in support of any emergency generator mission requirements. The contractors bid' shall include response time for substitute replacement units and portable fuel tanks for emergency support and hurricane support. Performance If after award of contract, the City determines the contractor is unable to perform the requirements of this contract, it (the City) reserves the privilege of terminating the assignment and awarding the remainder of the contract without protest to the next qualified bidder. Time?esoonse Upon notification by the City of Clearwater, the contractor's qualified service technician (qualified to perform diagnostic services and/or repairs) shall respond at the City of Clearwater troubled location. This availability service is 24 hours, 7 days a week, holidays included. Contractor shall include proposed response times for unscheduled repairs during normal work hours and after hours. The contractor will furnish to the City and keep current, a progressive responsibility emergency response telephone call list. This list will be used by the City if the designated number has no response. Service The level of contracted services is hereby established as prevenjative a scheduled m?tintece plus emergency call response. The authorized work includes furnishing parts and labor for hourly, monthly or annual maintenance tasks specified in the manufacturer's printed manuals, as required by federal or state laws or as specified in this contract. For each generator repaired /serviced the Contractor shall provide the City of Clearwater Fleet Administrator a work order reflecting the description of repair service, unit repaired, labor hours, labor cost, material cost and total downtime. The level of contracted services is further defined as follows: Each 12 month service cycle will include: 10 monthly maintenance/inspection visits to 25 unit sites (1 annual electrical load bank/inspection visit to 24 unit sites (1 annual visit to the Marshall Street Water Pollution Control Plant to perform operation/load inspection for one blower. 1 annual maintenance/inspection visit to 25 unit sites 1 annual oil analysis sample test to 25 units 12 months of maintenance performed As the first year award of this contract is not for 12 months, the first 12-month maintenance contract services to be performed is adjusted thus: Delete 2 monthly maintenance/inspection visits to 25 unit sites. Tile services contract requiring additional directions in IvFPA 110 table A-6-3.1(a) will be followed. All required work will be performed in a neat and professional like manner consistent with generally accepted industry standards. 2 ... .. ?r ..,•N7t•r ., r 1.-'it' ? of r Mt?t, I• v ? . ....... T. !r ?r ,rtl'I: •?r rytir ? lrtr•t. .• , rv a .il! ... t, •!' . .i a 'lint ... lll? .fe, .t' :1 E ,. , '...,"'I '/ills' . . Each generator set will be load tested once annually (four hours) with an electrical-load applied up to the manufacturer's indicated/rated capacity. This load Mr be a combination of the connected demand load applied by the facility and an externally induced electrical load from a load bank. The majority of this load must come from the external load bank. Quality The materials and parts furnished by the awarded bidder shall be of equal or greater quality, kind, and grade as the originals to be replaced. All work shall be performed in a neat and professional manner, and meet or exceed generally accepted maintenance standards and practices. Component parts may be replaced at the awarded bidder's option when they are beyond economical repair and approved by the City of Clearwater Fleet Administrator. Parts and components offered under these specifications shall be. covered by the manufacturer's standard warranty. Workmanship shall be guaranteed for a period of one year from date of repair. Engine or lubricating oil will conform to the following minimum specifications: For single weight SAE 10, 20, 30, 40 - Use MIL L-2104E For multi-grade IOW-301 15W-40 - Use MIL L-46152D Or industry ratings of - CF4, CD-11156, CE Parts are defined as: Engine oil and air filter elements, belts, light bulbs, lubricating oil, lubricants and normal internal combustion engine fluids. Other parts as specified in manufacturer's printed manuals or change bulletins. Other parts changes as required by federal or state laws. Labor is defined as: Performing adjustments, tightening, torquing, slip ring cleaning, parts washing and cleaning. Spill clean up, generator brush changing, battery box brackets and terminal/post cleaning. Repainting battery box and related area with acid-resistant paint as required. Labor is additionally expanded to include tasks as required by federal or state laws. I . The bidder is to provide the following with the bid package: a copy of certificate of insurance in effect on day of submission of bid. a copy of the firm's inspection services report(s) used, that show all items checked, serviced, adjusted, testedlubricated, turned, etc., during each of the service visits. 3 r ?, 1?j' H •1 -.71 'Irr 7r, "^,r .,r. " ;l E. r r. {""1., •... Bill Grand Total $ monthly NFPA 110 maintenance/inspection visit annual electrical load bank/inspection. visit annual operational load/inspection visit annual maintenance/inspection visit The bidder must certify in his bid package that the firm can provide through their normal billing process, information/data fields the City requires for input to its-computer reporting system. The information /data will be in a paper format. Type of service performed: Monthly - annual - load bank, oil analysis Emergency call (after 5:00 p.m.) (Weekend) (Holiday) Unit Meter Reading-5 bar . Parts T t 1 0 II ,I It 11 11 It 11 II II II Emergency calls, authorized repairs, non-contract maintenance bills will additionally have a narrative description of work performed. A detailed listing of the respective generator sets is available to interested companies. Contact the City representative. The designated point of contact for the City of Clearwater is Paul Gray, 462-6833. I. . rl. IN??. .'J: + ?• ?{ h=,?ii?'?? r.? ? ?Itl'?.G ail: ??a'. e•?I~? 4' a::i:;;i; The bidder's package will show: Fixed Contract Costs 3 Month Annual Monthly maintenance $ all units Annual load test/operational test $ all units X X Annual maintenance/operational test $ all units X X Annual oil analysis $ all units X X f , Contracted 10 month $ 12 Month Annual i Monthly maintenance $ all units i Annual load test/operational test .$ all units X X Annual maintenance/operational test $ all units X X ! Annual oil analysis $ all units X X, Contracted 12 month $ Plus contracted 10 month $ First award time total bid $ Bidder best-guess cost increase first renewal % Variable Supplemental Purchase Order Costs Time Restricted Call-outs: I Business hours a.m. p.m. M-F $ per hour $ per mile 4 5 . i? Time Restricted Call-outs: Non-business hours, M-F $ per hour j $ per mile . S-S $ per hour $ per mile Holiday $ per hour $ per mile PGldpm atrtgenr.wp5 1? ¦ b .f •? '1. ?1 to r. .. ?.. rl.:. ..... .... ... ... ...'"i?lZilt'?.? .?..?.. ... ..-.?.=f'a 'f i !!I?IZ'."•1 ?].".. 1 1 ?ir'7-rr- 1 1? ? R 'T :7T ."'IPr GENERATOR INVENTORY AND LOCATION .The following is a list of current assets. This list is subject to change. Location Type/Rating Engine Model Configuration Bldg.# Fuel Alternator Model Configuration (Etc.) 1 Gen/60Kw IHC UV401 Gas Division Natural Gas Onan Gen/40OKw Cummins KTTA19G 100-2643 Marshall St. Diesel Cummins KTTAI9G-GS1 CC534C 3 Gen/750Kw Cummins KTA38GS Marshall St. Diesel Cummins KTA38GS-GC1 CC634A Gen/600Kw Cummins VTA28G2 100--2291 Marshall St. Diesel Onan 600DFGB 52049A 5 Gen/600Kw Cummins VTA28G2 100-2291 Marshall St. Diesel Onan 600DFGB 52047R z •;-r-r ... :..l...t. ??:'t?„_ ?'F...',: .1.. ' --.??;;.r r, ,i'i• - Location Type/Rating Engine Model Configuration Bldg.# Fuel Alternator 'Model Configuration (Etc.) 6 Blower CAT D348 3N671 Marshall St. Diesel 7 Gen/350Kw Cummins KTA115OG 35 Marshall St. Diesel Onan 3500DEN17R11 8 Gen/85Kw 1HC V549 Countryside P.D. LPG Onan KR-15-R 1699P 9 Gen/30Kw Ford CSG--6491--6005-'A NFA-0034-7 BB Countryside LPG Onan EK-15R 30073R Radio Tower 10 Gen/100OKw CAT 3512-DTTA 8N5806 Northeast WPC Diesel CAT SR-4 7C1622 11 Gen/600Kw CAT 3412DTTA 7W7170 Northeast WPC Diesel. CAT SR-4 9Y3877 .. t,.rrnSts ... ',• -•ri' i i', i t L.??7?:?lfii,• 'i,"111' .1?tl1lG lll?l, si ',???' il..fil.?:.,•1?.m1' . . .':,•sl;'rli!`,?s':, {• I. Location Type/Rating Engine Model Configuration Bldg. Fuel Alternator Model Configuration (Etc.) '.2 Gen/750Kw CAT 3508DTTA 7N8701 Northeast WPC Diesel CAT SR-4 7C1620 0 Gen/750Kw CAT Diesel CAT 3506DTTA 7C1299 SR-4' 7C1620 Northeast WPC L4 Gen/350Kw CAT 3406E DT 9Y1547 Northeast WPC Diesel CAT SR-4 9Y0432 15 Gen/600Kw CAT 3412DT 7W7170 Northeast WPC Diesel CAT SR-4 9Y3877 16 Gen/600Kw CAT 3412DT 7W7170 Northeast WPC Diesel CAT SR-4 9Y3877 17 Gen/80OKw CAT 3508DT 7C4594 East Plant WPC Diesel CAT SR--4 7C1620 ti :1rmiIII11;rI.:14I.II , :llEiFl !'•ir: r.l',? ,??t??h, .. 'i . I Location Type/Rating Engine Model Configuration Bldg.# Fuel Alternator Model Configuration (Etc.) 18 Gen/600Kw CAT 3412 7W7170 East Plant WPC I Diesel CAT SR-4 5N8670 19 Gen/200Kw Cummins NT855-G4 100-2588 Fleet Maintenance Diesel. Cummins 250HC4AL/2A 20 Gen/150Kw CAT D364 3H3600 Fleet Maintenance Diesel. Marathon 586ACD76 1347.2 21 Gen/100Kw Cummins 6BT-5.9 100-2352 Annex - South Diesel' Cummins 100BT62 30ABTC 22 Gen/60Kw Waukesha 148DK 47-A Annex - North Diesel. USMC 60012-R2 23 Gen/150Kw Cummins i4RT06B1 P.D. - Pierce St. Diesel G.E. 5SJ4447P2Y2 ii}!] ?y .]]. ' ..... .??lil?]?f.f.? .. ]il . l: M.i.'1??.?;? 11.1 .::1 ilr-.'I L•4'Twr 777 Location Type/Rating Engine Model Configuration Sldg.# i Fuel Alternator Model, Configuration (Etc.) 24 Gen/150KW CAT 3208 Garden St. Garage Diesel CAT SR-4 25 Gen/30Kw LPG Ford Onan CSG-6491-6005-A EK-15R • NFA0034,7DD 30073R -Missouri Ave. Radio Tower + DIESEL FULL TANKS - GENERAL SERVICLSIFLEI T Tank Site Type Site Number Install Gallons Site/Location Supports Information FM FT 01 UG 2000 Marshall St. WPC G1390 Monitor Filter Building wells FM FT 02 UG 2500 Marshall St. WPC G1391 Monitor Influent Building wells FM FT 03 AG 1500 Marshall St. WPC G1392 Containment Belt Press Bldg. cell FM FT 04 AG 1500 Marshall St. WPC G1388 Containment Chemical Area cell FM FT 05 AG 4000 Marshall St. WPC G1393 Double walled Blower Area G1389 vaulted tank FM FT 06 AG 275 City Hall Annex G1382 Single wall North Tank steel tank FM FT 07 AG 275 City Hall Annex G 1383 Single wall South Tank steel tank FM FT 08 AG 250 Pierce Street G1384 Double walled Police Station vaulted tank FM FT 09 AG 250 Garden Avenue G 1387 Double walled Parking Garage vaulted tank FM FT 10 AG 200 Fleet Maintenance G1319 Generator set belly tank FM FT 11 AG 100 Fleet Maintenance G440 Generator set belly tank FM FT 12 AG 3000 North East WPC G1394 Containment Control Building Cell FM FT 13 UG 1000 North East WPC G 1395 Monitor j North Generator Bldg Wells FM FT 14 AG 2000 North Fast WPC G1396 Containment North Generator Bldg 1 1- Cell UG = Underground tank AG = Above ground tank Continued Next Page DIESEL F L TANKS - GENERAL SERVICES/FLEET Tank Site Type Site Number Install Gallons Site/Location Supports Information FM FT 15 UG 1000 North East WPC G 1397 Monitor Filter Building Wells FM FT 16 AG 1000 North East WPC G1398 Containment Belt Press Bldg. Cell FM FT 17 AG 3000 North Fast WPC G1399 Containment RDP Building 01400 Cell FM FT 18 UG 1000 East Plant WPC G 1401 Monitor Control Building Wells FM FT 19 UG 1000 East Plant WPC G1402 Monitor South Unit Wells UG = Underground tank AG = Above ground tank ., i i i i i. I DDRr F R FUEL TANK IT Marshall Street WPC Plant 5 Tanks 1605 Harbor Drive Clearwater, FL North Fast WPC Plant 6 Tanks 3290 SR 580 & McMullen Booth Road Clearwater, FL .East WPC Plant 2 Tanks 3141 Gulf-to-Bay Blvd. (SR 60) ' • f Clearwater, FL Police Station 1 Tank 644 Pierce Street Clearwater, FL Garden Avenue Garage 1 Tank 28 Garden Avenue Clearwater, FL Fleet Maintenance 2 Tanks . 1900 Grand Avenue Clearwater, FL City Hall Annex 2 Tanks '10 South Missouri Avenue Clearwater, FL CCFMFSSP. WPS i . ..i •rwt? ire. ,,in•?• f it S ?rll!':'It 1 Oil ;4-101'i1'SII •' -1 1 EM11BIT B BID RESPONSE FORM (161-95) Item Est. Qty. Commodity Description Unit Total Price Price 1. 25 ea. Services non-personal to include servicing, testing and repair of 29 generators and I blower for a period of 10 months, commencing on December 1, 1995 and ending on September 31, 1996 S $ t2a,6Il1,??6 NOTE: As per Addendum #1 initial contract period December 1, through September 30, 1997. 22 months $ $5.4,738.82 (Please Sep Attached Specifications, contract statement of work, and workload data) NOTE: See page #5 for Unit Price clarification. Contact Vern Bales, `or questions regarding this bid at 813/462-6833. Please return two (2) copies of aid Response F.O.B. CLEARWJ7 t F.T. , Start !]ate IMMEDIATELY after receipt of order. ?.,.y.,..r ' ° • °- ?e-, ? ?.?.."ii Payment terms' NET 30 DAYS BIDDER REPRESEN'T'ATION I represent that this bid is submitted in compliance with all terms, condition's and specifications of the Invitation for Bid and that S am authorized by the owners/principals to execute and submit this bid on behalf of the business identified below. BUSINESS NAME: Diesel. Ener Systems, inc. FID11 59-2881963 STREET ADDRESS: 7855 126th Ave. North Unit H CITY, STATE, ZIP CODE : Largo, F1 34643 PRINvTYPE NAME OF AU*1'c1C17.3.ZED REP: Bill Carr TITLE/POSITION OF AUTHORIZED REP: Sales Rep SIGNATURE OF AUTHORIZED REP: DATE SUBMITTED: 10/8/95 TELEPHONE (813)536-9979 FAX NUMBER., (813)530-1495 -3- ¦ I The bidder's package will show: Fixed Contract. Costs f t;! ?I M ntl Monthly maintenance $ all units $614.49 Annual load test/operational test $,all, units X X Annual maintenanceloperational test $ all units X X Annual oil mialysis $ all units X X Contracted 10 month $ 12 Month Monthly maintenance $ all units $7{i8.1.2 Annual load test/operational test $ all units X X Annual maintenance/operatioil iI test $ all units X X Annual ail analysis $ all tulils X X Contracted 12 month $ Plus contracted 10 month $ First award time total bid $ Bidder best-guess cost increase first renewal % Variable Supplemental Purchase Order Costs Time Restricted Call-outs: Business hours a a.m. 4:30 p.m. M-F $ per hour 646.50 $ per mileNC} CHARGE Annual $6,144.40 -$-10,336.00 $6,120.36 INCLUDED $2?i. 60 ? . 26 Annual $7,681.20 $10,336.00 X12-0,26 IEM&DED $26.1.31 X56 $24.601';26 $50.738.82 29. 5 Time Restricted Call-outs: Non-business hours, M-F $ per hour $62,_75 $ per mile No CHARGE t i S-s $ per hour s64. 7,q per mile NO CHARGE Holiday $ per hour ?69_• 75 $ per mile: No ct m S :; PG/dpm ctrtgear.wp5 r i 6 A DRUG-FREE WORKPLACE, IN ACCORDANCE WITH SECTION 287.087 Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality and service are received by the City for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance.is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and ' employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the, statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or ` rehabilitation program if such is available in the employee's community, by any err=plover, who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify s rrm on does not (select only one) fully comply with the above requirements. Business's Nance Vendo,K .Signarure 3 i. „October 03, 1995 Re: Addendum 0 1 near Bidder: to City of ClcnrwaLar Bid 181-95 This addondum provides answers to questions submitted by several vendors: Question: Can page 3 of the invitation to Bid, under Commodity Description, it indicates as period commencing on December 1, 1995 and ending' on • September 30, 1996, a, period df 10 mcfnths. Answer: The initial contract covers the period DPc,ember,l, 1995 through September 30, -1997, three one y6ar renewal options. The contract will be available from October 1, 1997 through September 30, 2000. The three option years are renewed at the d:ircrerion of the City of Clearwater and the Contractor. Question:- One page 5 of the Statement of Work, it requests the bidder so show Faxed Contract Costs for a 10 month period and for a 12 month period. (22 months) Answer: Costs requested cover the City's fiscal years 1995196 and 1996/97. Costs will be utilized for budgetary purposes. Question; One page E of the General Conditions of Invitation to bid, section. 20 states an renewal for two subsequent years. Answer: General Conditions contradict renewal periods in the bid specifications. Three one-year renewal options are available for this contract. Question: How is the City date=-mining the wanner of the Bid? Lowest cots on the Bid Response Form? Lowest bid on the Fixed Contract Costs form? Answer: If the lowest cost on the bid response form means the cost of the entire contract period, recommend the lowest cost on the Bid Response Form be identified as the cost element used in the selection and award process. Recommend bidder be reminded that he must also satisfactorily respond to the statement 'of work technical and performance questions that will also be used in the selection and award process. S` cerely, Q 4 X_a? George McKibben TOTAL P.O1 10/02/95 20:41 '1'X/11X NO. 1844 P.001 FA 7. AGEN'DA IT S? k & (. 5 J__ CLEARWATER CITY COMMISSION Meeting Item Date: gw,?rEa?`? Agenda Cover Memorandum Subject: PHYSICAL EXAMINATION AND MEDICAL SERVICES Recommendation/Motion: Extend the contract with Family Care Centers Walk-In Clinics, Largo, Florida for physical examinations and other medical services for the contract period of 1-1-96 through 12-31-98 for an estimated annual cost of $88,340.00, in accordance with section 2.564 (1) (g) The Code of Ordinances (services rendered by physicians, attorneys and auditors are exempt from competitive bid process) and F.S. 1991, Chapter 287 (f) (6.), health services involving examination, diagnosis, treatment, prevention, medical consultation, or administration are not subject to competitive sealed bid requirements, $jand that the appropriate officials be authorized to execute same. BACKGROUND: Although services rendered by physicians, etc. are exempt from competitive bid process, the City of Clearwater solicited bids in 1992 in order to obtain a competitive bid for physical examinations and medical services because of escalating annual cost increases. Family Care Centers submitted the lowest and most responsive bid and was awarded a contract for '93, '94, and '95 calendar years to provide physical examinations and medical services. These services. include: post-offer, annual and respirator physicals, drug and breath alcohol tests, audiometry and cholinesterase tests, medical review officer services, and tetanus typhoid immunizations. The aforementioned examinations and/or services are required by one or all of the following: union contract(s), state and/or federal law, Occupational Safety and Health Administration, U. S, Department of Transportation/Federal Highway Administration/Research and Special Programs Administration, and for pension eligibility. The bid called for two (2) one (1) year extensions with an annual increase equal to the consumer price index (CPI). The CPI for September '92 to August ' 93 was 2.5% and for August 1993 to August 1994 was 2.970. Family Care Centers requested an increase of 2.5% for contract years ' 94 and '95, Family Care Centers has offered to continue to provide the same services to (lie City for the next three (3) calendar years at the present fee schedule with no CPI increase. The Human Resources Director, Chief of Police, Fire Chief, and the Gas System Managing Director have unanimously recommended that the City accept and renew the contract with Family Care Centers because the level of service provided has been satisfactory. Reviewed by: Legal N/A Budget Purchasing Risk Mgml. NIA CIS N/A ACM WEM Other ,Police Originating Dept: Human Resources Costs: Estimated $ae.a4Q.o0 Total Commission Action: ? Approved ? Approved w/conditions ? Denied ? Continued to: User Dept.: various Advertised: Date: Paper; $6.255.00 Current FY Funding Source: ? Capt.lmp, ® Operating ? Other Submitted by: © Not required Ailectod parties Appropriation Code: ? Notified various C4 Ma alter ? Not required Attachments: 9 None P Page 2 Physical Examination and Medical Services November 2, 1995 Fiscal year 1995196 medical examination budget codes include monies for this contract. Various departments pay for these services (e.g., Police Department-$25,000 in 010-01148-521500-521-000 pays for annual physicals, Human Resources-$40,000 i n 590-09831-521500-519-000 pays for all post-offer physicals except for the Fire Department's and other required tests. The Fire Department pays annual physicals and post-offer physicals, $14,950 in 010-01220-521500-522-000 and $7,330 in 010- 01250-521500-526-000, Gas System-$2,230 in 423.0206X-521500-532-000 pays for controlled substance tests, etc.). Funding will be requested in their 1996197 budget codes and subsequent fiscal years. Family Care Center maintains . a permanent facility at 2 North Belcher (corner of Cleveland and Belcher) in Clearwater. i' „ T Largo Medical Center Family Care Centers Columbia Healthcare I! .' : ' - September 18.!996 (aS Susan Hic;hsmi th Human Resource Manager City of Clearwater P.O..Sox 4748 Clearwater, Fl. 34618-4748 Dear Susan: Family Care Centers has established a good working rapport with the City of Clearwater Departments. We would like to continue to service the City for the next three years at the present fee schedule. There .would. not be a C?= increase for that period of time. ' The 7resent :rice struci,ure Troulc remain the same for 1996, .397 and 1998. Enclosed is an outline of the :)resent fee scheeule. Faziily Fare Centars is cC;Rl3-it;ed to ?rovieing quality health care services for the C: tv of e aria „ers ' era:,? ogees . look _orwar_ to Neari:iy from you. S' ncere? v , :.obew i,. I40 0 iaricl;'e Family Care Cen;.ers Adminiszratar cc: Sherdatte Williamson R / h) 2 Ncrin Selcner :4ozc. Clearwaty. 3700 East Say Onvo -all F.oncz NG"" °'2 20-120- 14561 Waisingnam noac, ! argc Flcncc . =ad c.'31 wc3 _. 1'200 5eminoie 3ouievarc, 5e*n,rorc =''?; ca _=6?. ."e r. 31 22•232' .x ti .,_1 ¦ Q} W F O N 1 • w1 W O O ?O •O O n O C O n • N 1 .. r b 1 reI-?f .o?? o o rr 2 o N o 0 .4 Iri m e e w It Y (,? U dC L.I P% co N m rn .. r 1'1 y N w In 1 QQ Y1 1 ..i n Y7 N M1 •. ? 1 ? WW N H 1"I D O D D h O a O O Q O O N O O vl m .+ .O m 1f7 a a o O O n O O S W W is m Q Y1 'O N m m m 4, n n O O a -. ri p n !? N N N N N .Oi W a o 0 0 0 o Q Q o o a o f W w a 0 0 o a a a v o 0 o r M Q O O p p C O 4 O 1 ?7 Ff"7? oS O C r+ O v1 O N O y C V. I t'7 W 0 .-? n n n f"7 v1 .. ? w x x +a I 1n n 1 E-. 0 0 a a p c o o v Q Q a Q Q F coil o 0 0 0 0 v 0 n , 0. a o 0 OC M N Q .Y C? Y1 Q p m N O O O O v'1 O is W ... r Ir+1^I 1'vl'! W NT O t+1 .? N J U o c Q Q Q a p 0 0 0 o Q Q 11 F H e u? Q a a o o o v 0 117 a 1M ; C O O O C u1 O O K,` t? N 1 Q .P34 y'y hd O O O W O M1 O O `^ ^ W 1 r"1 l d C m l"1 O N .tl T ar f 3 ? h ?T ?T !? N -r n f Y ? f E-? 4 p O O O Q Q O O O p 4 p O C Q o O O O O O a a O o 1n o o o v a .-1 n m 0 m a l? 0 0 +n o v co 0 0 N .- N N 117 a S o n. .. /-i v -+ N U L # # h [r7 W F F a [IG 0 %n F+ t N I'1 1'1 N 11 L1 O ?T +T C 6n IaN7 a W Q Q O O N i.C U r W +t ? O i S 44 vi ` : a. t s 5y_ w? h "I ate'. f?i t a M - C t i .3 r.3 U O .O-I ittz O O O aC O .U-I .Ur u U C?.i { E lai + d P4 R ! M w ay» w a N r.7 W N la [-I II. ,?? W ?,' Q CG S M ?r + W x J r? ?CyL qW?? ` N PC a a a 10/7 W p a ?y O LS Q W .7 W W .Ui W < ' O0 w M A. a 1^+ .. .7S Ln D C .?. W .`.t .U-1 QWC d S N W C L9 N C Ftt.. I ad jp4? I i { O.r. 10r.r I{aY+ Q .3 O? 4 s? W a I+ y?y ? GG GC {oJ7 Fali [poer "' r .7-I Np? ??4rr W C] ? ? ? ? U H N N ? pW W .7 ki W la1 W P4 h{? V W [t!?7 N O+ CG W W hr r' U W F+ G O W W W W GE 1/1 W 1+1 0 m W y yy w W N a?. v) Ca W [? '.? •?.? V U U W M ''?.. A. U l+7 ?. W ...? C M M MM pN A. C Ia`+ C ? H LJ ?•+ N ill L>C i'7. C7 C: p N F? A? W {s. fY+ U R M fSa W D + ai FMi Q 7 CS f-1 R R d OI .r r4 I'1 wr v'1 1C r? c0 m. .. «N.. w r w ?. I C3 q q M .41 Item N 0 CLEARWATER CITY C02 MISSION ? Meeting Dote C? Agenda Cover Memorandum SUBJECT: 1995 Gunite Restoration Contract (95-11) Change order # 2 RECOMMENDATION/MOTION: Approve Change Order. #2 to the 1995 Gunite Restoration Contract 95-11 to Infrastructure Services, Inc./ISI Operating Corp. of Franklin, Tennessee, increasing the contract amount by $47,880.00, for a new contract total of $404,071.00, and approve a time extension of 20 days. ® and that the appropriate officials be authorized to execute same. BACKGROUND: During the week of Oct. 16, the Public Service Division received complaints of settlements in 10 foot wide easements adjacent to residential structures in Forest Wood Estates Subdivision. Forest Wood Estates is located on the south side of Sunset Pt. Road just west of McMullen-Booth Road. Inspection by Public Service and the City's gunite contractor determined that the existing 32" x 42" oval corrugated metal storm pipe running between residences is very deteriorated and that voids have developed outside the pipe adjacent to the residential structures. Immediate repair of approximately 630 feet of pipe was required. Because of the emergency nature of the work, the Contractor was directed to proceed with the pipe repair as-soon-as-possible. The repair was accomplished using the standard pneumatically applied reinforced concrete liner (Gunite). originally approved work in the contract will be eliminated if the commission does not desire to increase the contract amount. The available balance in the Storm Drainage Renewal and Replacement capital improvement project is sufficient to fund this change order. Rev Legal N/A Budget Purchasing N/A Risk Mgmt. N/A Is _ _ NIA ACM4)cA? ENG._ OTHER Suter city Origiruiting Dept./ Engineering Service"t User Dept. Public Works Advertised: Date- Paper: Not required X Affected parties notified Not required X Costs: 1,47.080.00 (Current rY) _ Funding Source: Capt. Imp. X Operating Other Commission Action Approved Approved u/conditions Denied Cont'd to opriation Code(s) i Attachments: 315-96104-563700-539-000 1 Change Order N2 a4Ne. pn •. s 10r3u/95 17:45 $t115 711 0401 CH"aE ORbER t #2 ISI GEN GUNIIL• wJuu-j PROJECT: 1995 Gunite Restoration CONTRACTORt Infrastructure Services, Inc. ISI Operating Corporation 112 Alpha Drive Franklin, Tennessee 37064 _ DATE: yatober 2.5. 1995 - PROJECT NUMBER DA'Z'E OF CONTRACT: _ 08117195 COI=+B:_ 315_.,26 •04-5fiJ70Q_?39 QQQ GCOPE OF Cit"GE1 THIS CIIANGE ORDER ACCEPTS R1:VXB1ON8 TO THE CONTRACT -t1gR It 1 col:rugated *?#toinQrokd Gunste Einar 32++ x,.421 metal pipe, ' . ••'D?,•r;•,. '• ,,?. rrl;•;•?;2',;•;... 0 :':: Qy?':4Q'z', ?7',z.? 634'•'L:•P ?;, : •7 ? ? f •°? ?r ? ?1 ?f •S •' 1• ' • ' :? ;!' • ? E .. ,. ! 1, ' , ; . , ,` ,'.L r .r . i . 5,. tiY , . ?? i, !' , r; t : r, . . r..• .1,5• ? r• ?,?• - . i.f y ? r'• 'ai'/{1/' y :? ? ?•:y".'r ?.?S; `ll •t ? • . • 'i ?i';' ; ?f:' ? . ( 'iZ' ' 5 .` ' ?• • ., ? ' ' • ' i '1. t; • :r. ? 'ii?'r ?„ '• •_• • ,? ? ? . ti ? ,?,? •i?. .r,r. :wa?C•r! ,i!' ,ii,?? I,tiP'. .r.?;,?:rt t?•.y; ?•• ?,'r: 4: it. k..?}? i1 01}: ? .1? ,? •;C. '? '' •r• i; ? .lj. .. ". ? r? r •. r.t. ?'- 1.,?•. . 1 ? r. ?ti S. 1•. ?? .. - i 4i. i7 :•7 ? it • e r y: ? 'C4 r ? 'r , . ? .w?,?:r.: r?:.??;; ,. ?. . ? .1.. •1' s''•r' •''? 1 r. • a , .r . ?, -. .q .. ? r, i.,..• . . . ;: . • ? .t . . ,? ;: e? TZME EnliTZION Or. y•:r' .n.,4'?:?,. i?1 ,,, .p': r. STATEMENT OP CONTRACT AMOUNT ACCEPTED BY: Original Contract $323,711.00 Change Order 01 $ 32._4_Q_O QQ Previous Contract Amount $356,.191..00 Change order 12 $ 411880-00 New Contract Amount $404,r071.00 Rata Garvey Mayor-cemmis:sio er Infrastructure services, Inc. ISI O erati Oorporation 13y :I{L Tam Klages, Vice President Date. WITNESSES: Immclxi 1{; ; Akiui :pp?ty .Attorney. :;' Approve as tQ i:os?n••,>;?laa: C.orirec.ile) CITY OF CLEARWATER, in PINELLAS COUNTY, FLORIDA E1 Abeth M. Deptula, city Manager Ourixta?.pmY3 ` Gu Teri 3el •D e R??cvlf?ac,*ded A R d#hrd'Jj. Hai r, P.E. C' Engineer ATTEST: Cynthia E. GOudeau, City Clerk Date: r- r-e + 0 f",i, i.-0Fi LL_! t f1.1 'i•- -CJ I'` 1 Ca I,r r 1 'a; ^:K' 18'rcn r,u r Monet SJQf L.aR ?! r -- _ - -t Conalt A?14f L.F. r.'r s r RNnforood Sf} , gslnforasd =?' 2 Ounf o L/nsr „I r ' 2' OuMts Llnsr cl. ; L- I r ;Y a I ?, 1n .T } f: ? ?Kj Z F. I 32*94 p r 4 n y.5$ I??, Ls? 32"r43'trnPQ COntt 91rJf L.t : +I i _ ,.i .. { I 1 Rolnforood I ! a? . r? 1 r( # S •t I f.. + r c': 2' Oun/tn Llnor I r ? i ?t I r E4_ 4b 3 F•- r.r?a Ld CL NT, CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT :i DRAWN BY 1995 GUNITE RESTORATION CONTRACT DATE S.V.D. 10/9 ! CHECKED BY Oak Forest - Between CONTRACT T.C'J Oak Forest 0r. W. k Oak Forest Or. E. 95-1 DESIGNED BY R.C.S. 9503011)WG 1 of f M? L .. G item # n CLEARWATER CITY COMMISSION Meeting Date-Nov. _ 16, 1995 if v Agenda Cover Memorandum SUBJECT: Clearwater Harbor Directional Drill Force Main and Gas Main Installation (95-22) RECOMMENDATION/MOTION: Award a contract for Clearwater Harbor Directional Drill Force Main and Gas Main Installation (95-22) to Hall Contracting Corporation of St. Petersburg, Florida, for the sum of $2,697,109.30, which is the lowest responsive bid received in accordance with the plans and specifications and approve Change order i reducing the contract amount $480,322.72 for a new contract total of $2,216,786.55, ® and that the appropriate officials be authorized to execute same. BACKGROUND: The existing 20" sanitary sewer force mains connecting the south end of Clearwater Beach with the Bayfront Pump Station via the Memorial Causeway has been in service for approximately 30 years. Due to its age and exposure to the marine environment, Engineering Services commissioned a study of its structural integrity through Camp, Dresser and McKee. The condition of the subaqueous portions of the main where found to be badly deteriorated and in need of immediate replacement. Easements were obtained at the southern end of Clearwater Point and from the Florida Department of Environmental Regulation to allow for the replacement of the force main from Clearwater Point to the Memorial Causeway. Permission was also obtained from the State of Florida and Corps of Engineers to replace the force main from Memorial Causeway to the mainland beneath the Intercostal Waterway. CDM prepared plans and specifications for the replacement of the subaqueous segments of the main by horizontal directional drilling. This construction method was used in the replacement of the City's utilities across Clearwater Pass. This method is superior to conventional dredging in that the new lines will be wholly within a confining limerock layer and thereby not exposed to boat anchors, scour and saltwater deterioration generally associated with conventionally placed subaqueous mains. Other mayor advantages to directional drilling are ease and speed of permitting due to greatly reduced impacts to the environment, and the ability to use corrosion resistant polyethylene pipe. The Gas Department, Gas Manager requested to participate in the project to install an additional gas crossing of the Intercostal Waterway. This request was made in view of the proposed Memorial Bridge Replacement. The contract includes Legal_ N/A_ Budget i? Furchasi ng_,7 Risk Mgmt.' N/A lS N/A ACM ENG. OTHER Submitted by_ #- Ci ty Mana,B Originating Dept. Costs: $2,216,786.58 Engineering Departme (Current FY)$2,216.786.58 User Dept. Funding Source: Clearwater Gas System pyhl jc y?rks Depar fi Capt. imp. X .rl dvertised: Operating Date: 09/19195 8 09/29,/95 ? Other Pnper:St. Petersburg_71mesi Commission Action Approved Approved u/conditions Denied Cont'd to Appropriation Code(s) i Attachments: Not required 315-96632-563800-535-000 k Did tabulation and summary Affected parties Recap of bid by user department notified 341-96302-563B00-532-000 ' Change order #1 Not required d,* 'VI Page 2 a 6" gas main placed inside a 12" casing with the new main to be connected to existing gas mains on the mainland and the Memorial Causeway. Since the opening of this bid, the Gas Department has reconsidered the expenditure of $480,322.72 for the gas main crossing. Because the Bridge Replacement Study and Bridge Design is not complete, the installation of a new gas main across the Intercostal Waterway can be accomplished at a later date. Request is made to award the contract as originally bid and designed so as to not change the bid process for the advertised construction project and to approve the attached Change order #1 which removes the gas installation work and reduces the contract amount $480,322.72 for a new contract total of $2,216,786.58. The prime contractor in this project is Hall Contracting Corp. who is a long standing local contractor from St. Petersburg and has performed various contracts of the City of Clearwater for many years. The subcontractor who will perform the subaqueous directional drilling operations is Tom Allen Construction Company of Edwardsville, 111. Allen Const. has previously performed directional drill installations in Pinellas County with a subaqueous crossing for the City of 5t. Petersburg and several gas main installations along McMullen Booth Road. This project will start on or about January 16, 199G, and is scheduled to be completed within 185 calendar days. Sanitary Sewer Renewal and Replacement $2,216,786.58 Pinellas Gas System Improvement $480.322.72 Total $20697,109.30 The available balance in the Sanitary Sewer Renewal and Replacement and Pinellas Gas System Improvement projects is sufficient to provide funds for this contract. TABULATION OF BIDS: CLEARWATER HARBOR DIRECTIONAL DRILL FORCE MAIN AND GAS MAIN INSTALLATION (95-22) BID OPENING., WEDNESDAY, OCTOB ER 25, 1 995 AWARD DATE: T HURSDAY, NOVEMBER 16, 1995 MICHELS PIPELINE BALL CONTRACTING COUNTIES CONSTRUCTION CORPORATION CORPORATION BROWNSVILLE, WI ST. PRTERSIIURO, FL PLYMOUTH MEETING, PA ITEM NO. DESCRIPTION QTY. UNIT 1 MOBILIZATION 1 L.S. $140,000.00 $106,154.04 $91,260.00 2 MAINTENANCE OF TRAFFIC 1 L.S. $14,550.00 $12,70+4.20 $14,954.00 3 PUBLIC INFORMATION SIGNS (2) 1 LIS. $1,250.00 $1,090.46 $1,284.00 4 20" FORCE MAIN 2500 L.F. $130.00 $112.67 $132.60 (FURNISH AND INSTALL) 5 CROSSING 1 - 20" IIDPE (FURNISH 1 L.S. $850,000.00 $638,768.95 $752,871.00 AND INSTALL IN IIDD BOLE) _ 6 CROSSING 2 - 20" I IDPE (FURNISH 1 I..S. $1,150,000.00 $855,540.60 $1,127,363.00 AND INSTALL IN EIDD MOLE) 7 CROSSING 1 - 6" HDPE (INSTALL 1 L.S. $2,500.00 $1,876.91 $2,210.00 ONLY IN HDD HOLE) 8 CROSSING 1 - 12" IIDPE (INSTALL I L.S. $550,000.00 $473,712.77 $570,340.00 ONLY IN I-IDD HOLE) 9 6" HDPS (INSTALL ONLY UPLAND) 60 L.1-. $29.00 $19.67 $23.20 10 AIR RELEASE VALVE ASSEMBLY 3 EACH _ $3,340.00 $2,912.14 $3,430.00 11 20" X 20"TAPPING SLEEVE AND 2 EAC11 $19,600,00 $17,178.78 $20,220.00 VALVE 19 20" PLUG VALVE 4 EACH $6,800.00 $5,920.84 $6,970.00 13 LINESCOPS I EACII $26,000.00 $23,950,79 $28,195.00 14 DIP COMPACT FITTINGS 6 TONS $10,000.00 $9,586.88 $11,285.00 15 CONCRETE IN PLACE, 3000 PSI 200 C.Y. $175.00 $164.66 $194.00 16 LUMBER SHEETING, BRACING, 10 MFBM $700.00 $600,00 $706.00 SHORING LEr-TIN PLACE _ 17 PAVEMENT, CURB, GRASS, BEACH I L.S. $80,000.00 ? $67,221.76 $79,130,00 SAND, FENCING, LANDSCAPE RESTORATION _ 18 RESTAIXI' DIRECTIONALLY DRILLED 1 HAC11 $0.00 $70,000.00 $150,000.00 PILOT I TOLE BIDDER'S GRAND TOTAL $3,319,460.00 $2,697,109.30 $3,342,688.04 BID SUMMARY BIDS SOLICITED - 17 CONTRACI'OI'S mcimG UP PLANS AND SI'i:CS 12 CONTRACTORS SUDMITTING UIDS - 3 NO RESPONSE - 9 CLEARWATER HARBOR DIRECTIONAL DRILL FORCE MAIN AND GAS MAIN INSTALLATION (95-22) R ECAP OF B ID BY USER D EPARTMENTS ITEM SANITARY GAS GRAND NO. DESCRIPTION MOBILIZATION 2 MAINTENANCE 3 PUBLIC 4 21 (FURNISII AND INSTALL) $0.00 5 C A 6 C AND INSTALL IN IIDD HOLE) $0.00 7 C O 8 C O 9 6' . S (INSTALL ONLY UPLAND) 60 L.r. 19.6 $ 180,20 sljoc.'lo 10 AIR RELEASE VALVE ASSEMBLY 3 EACH 2,912.14 $8,736.42 $8,736,42 11 20" X 20"TAPPING SLEEVE AND 2 EACH 17,178.78 534,357.56 $34,357.56 VALVE 50.00 12 12()- PLUG VALVE 4 EACI1 5,920.84 $23,683.36 $23,683.36 13 LINE STOPS 1 rAC1! 23,950.79 $23,950.79 $23,950.79 14 DIP COMPAC'T' FTITINGS 6 TONS 9,586.88 $57,521.28 $57,521.28 15 CONCRETE IN PLACE, 3000 PSI 200 C.Y. 164.66 $32,932.00 $32,932.00 16 LUMBER SHEETING, BRACING, 10 MI-BM 600.00 56,000.00 $G,000.00 SHORING LEFT IN PLACE $0.00 17 PAVEMENT, CURB, GRASS, BEACH I L.S. 67,224.76 567,224,76 $67,224.76 SAND, FENCING, LANDSCAPE $0.00 RESTORATION $0.00 18 RrSTART DIRECTIONALLY DRILLLD 1 EACII 70,000.00 $70,000.00 $70,000.00 PILOT HOLE BIDDER'S GRAND TOTA $2,216,786.58 $480,322.72 $2,697,109.30 CHANGE ORDER: #1 PROJECT: Clearwater Harbor Directional Drill Force Main and Gas Main Installation CONTRACTOR: Hall Contracting Corporation DATE OF CONTRACT: 12900 34th Street North St. Petersburg, Florida 33742 CODE:315-96302-563800-532-000 SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT DECREASE ITEM: ITEM 11 - Mobilization 1 Lump Sum $106,154.04 Decrease Lump Sum Amount by ($ 3,552.84) DELETE ITEMS: ITEM #7 - Crossing 1 - 6" HDPE (Install. Only) 1 Lump Sum ($ 1,876.91) ITEM 08 - Crossing 1 -- 12" HDPE (Install Only) 1 Lump Sum ($473,712.77) ITEM #9 - 6" HDPE - Upland (Install only) 60 LF Q $19.67/LF. ($ 1.180.201 TOTAL DEDUCTION ($480,322.72) DATE: November 3. 1995 PROJECT NUMBER: 95-,22 STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: Original Contract Change Order #1 New Contract Amount $2,697,109.30 - $ 480,322.72 $2,216,786.58 HALL CONTRACTING CORPORATION 01 B -•--r ?• .._c_! t rr?.c? REAL DAVID H L, PRESIDENT Rita Garvey Mayor-Commissioner John Carassas Asst. City Attorney Approved as to form and correctness) Date: "--G, rS WITNESSES: 1, AL CITY OF CLEARWATER, in PINELLAS COUNTY, FLORIDA Elizabeth M. Deptula, city Manager Recommended By: ' ' . ,sue !r Richard Bai , P. t. City Et} 3nee ATTEST: Cynthia E. Goudeau, City clerk DRILLCOI . COX Date: I .' . AGEN'DA DATE NTEM #,, r . y ? `off 1 U Clearwater City Commission Agenda Cover Memorandum Item Hitting Date: c. 1? -?3 SUBJECT: Vogel Development Agreement - Vogel Property/Landmark Drive, located south of Enterprise Road and east of the proposed Landmark Drive extension; James and Hazel Vogel (owners); games Marcus Vernon (legal/engineering representative) (VOGELDA.CC) RECOMMENDATION/MOTION: Authorize City Manager to negotiate with property owners to prepare a Development Agreement and refer to the City Clerk for advertisement for public hearings when the Manager determines the agreement is ready for public consideration. ? and that the appropriate officials be authorized to execute same. BACKGROUND: The City Code makes provisions for the City to enter into development agreements with property owners. The applicant wishes to enter into a Development Agreement with the City of Clearwater to ensure specific contractual obligations are met by both the property owner and the City of Clearwater and to gain vested development rights. The primary focus of the Agreement will focus on the following items: 0 Annexation of the Vogel property, approximately 7.31 acres; • Dedication to the City a portion of right-of-way, which is essential for the alignment and construction of proposed Landmark Drive south of Enterprise Road; • A Residential Planned Development - consisting of approximately 33 single family detached residential units based on the existing land use classification that allows a maximum density of 7.5 units per gross acre; • An 11,100 sq. ft. one story office complex zoned Limited Office; and • The City allow a 50 ft. right-of-way within the proposed residential planned development. Reviewed by: r Originating Dept: l Costs: _S _N/A Commission Action: LegaL N/A CENTRAL PERMITTING Total ? Approved Budget N/A Purchasing NIA ENGINEERING S 13 Approved w/conditions Risk Hgmt. NIA User Dept: Current Fiscal Yr. ? Denied Cis N ? continued to: ACH Funding Source: Eng - ? Capital Imp. Other N A Advertised: ? 0 erating p Attachments: Date: ? Other APPLICATION Paper: MAP ® d MEMO FROM LEGAL EPT Not Require . D Submitted by: Affected Parties ? Notified Appropriation Code: 0 None X ® Not Required City M fo Printed on recycled paper i; 1 November 16, 1995 Page 2 Preliminary meetings have been held with the property owners' representative to discuss the specific site plan details and anticipated obligations. The City Attorney's office has determined that the procedures as set forth in Code Sections 36.111 through 36.124 must follow the sequence set forth in the Ordinance (memo attached). This agenda item represents Step 2 of the process outlined in the attached memorandum. If the Commission authorizes the City Manager to negotiate, the Manager will provide the Commission with a report, and if at least three Commission members wish to proceed, a tentative development agreement will be prepared for Commission review. NI r JAMES MARCUS VERNON Attorney at Law 577 South Duncan Avenue Clearwater, FL 34624 Ste* to: P. D. set 614 ckwwaw, Pt, MRS October 9, 1995 Louis Hilton, Senior Planner City of Clearwater Zoning Division 10 S. Missouri Avenue Clearwater, FL 34616 RE: Annexation/Development Agreement for Vogel Parcel Dear Lou, fd.No.Q""7-"u Fn No. OM 44&at3 By Facsimile This Date: 462-6476 Pursuant to our discussion this morning, please view this letter as a formal application for the City of Clearwater to consider entering into a Developer's Agreement with, and to initiate the annexation of certain property owned by, James and Hazel Vogel. As you know this property is located south of Enterprise Road west of McMullen-Booth Road along the Landmark Drive corridor. Attached is a check in the amount of Three Hundred Sixty Five Dollars ($365). This amount is apparently the fee required to initiate the proceedings necessary to seek the approval by the city commission for a Developer's Agreement. The creation, and acceptance by the city commission, of the Developer's Agreement is an absolute requirement and condition of my client's consent to the annexation of their property into the City of Clearwater As we discussed, any as we agreed, Mr. and Mrs. Vogel can terminate both procedures hereby being initiated, and receive the return of their application fees, if in their opinion and sole discretion the terms of the Developer's Agreement as it is being negotiated does not comply with their needs or expectations, Thank you forhour help and cooperation. Sincer ly,• 7Y J. Marcus Vernon, Esq. JMVIme N •. CITY OF CLEARWATER Interdepartmental Correspondence Sheet TO: Bill Baker, Assistant City Manager; Milton, Senior Planner FROM: Leslie DougalI-Sides, Assistant City Attorney LD-5 COPIES: Pam Akin, City Attorney SUBJECT: Development Agreement Approval Procedures DATE: October 10, 1995 Following our meeting, with Mr. Vernon on October 6, I reviewed Code procedures for approval of development agreements with City Attorney Pam Akin. We agreed that there is no Code provision or precedent for waiving the procedural steps and time frames set forth in Code Sections 36.111 through 36.124. Therefore, it is the opinion of this office that the proposed Vogel Property/Landmark Drive development agreement must follow the sequence set forth in the Ordinance. To summarize, those steps are as follows: 1. An application for development agreement approval, with accompanying fee, is received by Central Permitting; 2. The City Manager places the item on the City Commission's regular meeting (not work session) agenda for approval of negotiations; 3. If the Commission instructs the Manager to proceed, the property owner submits a development proposal containing items 1) through 20) listed in Section 36.114; 4. The Manager reviews the development proposal and negotiates with the property owner; 5. The Manager reports tentative agreement to the Commission in summary or outline form; 6. If at least three Commission members wish to proceed, the City Attorney is then directed to draft a formal development agreement; 7. The Manager transmits same to the Commission with a written recommendation regarding adoption; 8. Two public hearings are scheduled and advertised, and nearby property owners are noticed. Prior to the first public hearing, the Planning and Zoning; Board must review the proposal and forward its recommendation to the Commission. 9. At the second public hearing, the development agreement may be adopted. Mr. Vernon indicated at our meeting that his client would be submitting; an application and applicable fee on or about October 6. Upon receipt of same, please have l` an agenda item prepared for City Commission consideration of negotiati'? 2. above). Should you have any questions, please contact me. 0 C T 1 1 1995 CENTRAL PERMITTING CITY OF CLEARWATER L 0 v? 0 4Q 40 ENTERPRISE ROAD E. L •.T-* w:• CLEARwATER q -4k ,' ? ? +,s ?•. .??. a::t KTj 14 B P') ? ?' • 'r '• '. :71•: j.1?i? .?•'"? :i• ••r a•?, ?.l•Ii!. ,.f l` ,,? ': 4rk• ?.4'V"?lf r..?,•?,d. ?±?•?.A'1' ??? ?y,' .?i l Cry? F{r lSr??:r' ?.. ?a ?mlol 4,4 „ >:' ?ty? 2?1U,41. ;;'227042""- ., ; w. • "•.i .? ??.;-'.C"S r?(:'? ?:1rr 2w Allt?`it. 1 4L2 r3 e. -, 'S. ? . x-?'rY" e ? ?? ?. ?.'?, ?ti •... r; lC? •T?! ?.:i, 'i i.:,?" i; i;'f?•:tti ,?3?':ui ;??? r,,. ' i : ?r.:. 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I (}. •ror.. 1(1 .r1. IAV JWMttl .' -- -- _•1 i CITY OF CLEARWATER lnterdepertment Carrespandance TE TO: Elizabeth M. Deptula, City Manager E' . VIA: Scott Shuford, Central Permitting irector FRO1M: Louis R. Hilton, Senior Planner SUBJECT: Vogel Development Agreement COPIES: Leslie Dougall-Sides, Assistant City Attorney DATE: November 13, 1995 The proposed Vogel Development Agreement includes two separate development projects (residential and office) for a total of 8.39 acres. The residential development (Parcel "B" on the attached map) consists of 7.31 acres, with a Residential Low (RL) Land Use Plan Classification and a proposed zoning designation of Residential Planned Development (RPD) using the Single Family Residential Eight (RS-8) zoning standards; the office development (Parcel "A" on the attached map) consists of 1.08 acres with a Residential /Office General Land Use Plan classification and a proposed zoning designation of Limited Office (OL). The Land Use Plan classification would not change for either property upon annexation. ENTERPRISE ROAD o 2 3 p 5 6 . ? n a n n? n 2 PAR)(ataK DRIVE: 1 20 1454 !111 4474 2 19 2 142 3 1447 447 4 2444 '04 sat 5 16 tae t4af trsr 6 15 rru ? 14 Zftl CJ 8 13 ;447 zua g 12 sqr Ida lied 1404 10 II a1L1 13 I 31 4 l/Ia !f1! 1177 2 30 1 uae zfaa ? 3 29 I2 2444 ? 4470 4 28 HILLCREEK W. N. 2443 244. 5 27 24sa 19 4477 Wo s? W 6 26 s 1324 1471 21 /19 !f!f 7 25 ? 22 w 1427 2428 17 e 111P +.? :Err -K tfrs 24 23 '? I6 9 r? 1320 sirs c trot 11 12 13 14 14070 >1 T1 13 p 13 SABER 1 11 34 33 23 22 , F- 1J8t uN 2717 tsl4 2347 7wre 1747 use 35 32 24 21 2 43 9 2211 1777 tsar 1321 1744 2384 2385 2371 saes z3a8 3 42 36 31 25 20 4 ts78 37 2a7f !m 2380 ENTERPRISE ROAD E [n '? D FM S!V[T7 r 12/041- 221042 '? • 'c 3 +T. ' ?+ 4: *7.1 g2/014 p 0AK,,B_R0?0K F?•ICE 14 c9p .ITY 'ti r,:jf `?i•'-z. •3, 1.r wr'. 15 2472 WNED •? ` ''.•' 6 :-:•• •:• '•.•? 012 I 7?(ig?597?. •` ^pAn•?.-' ? dn•' . E ,r,-_„ •, sN, 1417 22/61111 17 2z/oss.. • A. 4441?f if ff ffiffff?ff ` ? r'• 1447 ? ? • ?. ,; . ' ?;: ? ?' •• ?. a i.E ..•. ? ri• a.4?t ••.. •711! •r ??r. Li >!i '1µ??.• 'lrfr,:?S.?t i w;' .,{i . f ? . ; aT!!. , •' r? ti:n? :+: 2717 10 F;? 3 6 7 6` S A 4 A a r 2 .. 1 1 2 T tsar 41 tst2 30 26 is OAK HILL AOAD r 1242 m4 5 r0 tiS?+ ~1% 38 29 1?' 27 1a 5 ti 1777 ? 10 urv 6 39 29 17 2781 S 11 F 3252 ssyo Zan r 1 2 3 9 4 9 AK S . Pp?? f1 ATl C 6 12 I - R R 6 $ .. 7. 12 I 112;2 za, It 2 10 3 7 1aa? sar 7 A 8 9 10 111 12 13 14 !5 ,6 zaaa r 12 3274 2 OAK COVE 0MVE S E 4 IS w6r R t 27147 uez .. ...........?. rryn ? r n ?[[8 I '? R 111 R [ 9 r PROPOSED ANNEXATION LAND USE PLAN CLASSIFICATION and ZONING OWHER APPLICANT 'LAND USE PLAN ,COUNTY "A" QErlP/ OFF- aEV LI o,I R65CD LO 3244 CITY "A" P .E<101 OFD' C60 11 814 RESID t-6 W ZONING 11 A" A E 11 grr J "A rr 0 L 1I R „ RS a A q5w PROPEnTY DESCHIPTIOIt MOB 22t O t i PA o_C6 L "A 08 Ac P ASR C,UL P , , 1 1 6 , 2 3 A c - - t • o'T• A L A C n E s RIGHT OF. WAY AcnE:5 1 i PLA11NING and ZONING 13OAnD SI~CTIOH 33 TOWNSHIP 2B S CITY COMMISSION RA14GE 16 E ATLAS PAGE '„3y !A Ram: GEORGE REM CLEARATEUL Fax: 8131973105 Vola:8131913164 To: Rh Gamy d il IL Cltj of Cli na4r FAX Fagt IV 1 Tuod4, Hmt*t 1Aj1% 6,41:33 PH Rp? ??b Date: Tuesday, November 14, 1995 Time: 8:34:00 PM 1 Pages TO: Rita Garvey et al City of Clearwater From: GEORGE RERIG CLEARWATER,f=L Fax: 462-6720 Voice: Comments: Fax: 8137873105 Voice: 8137973105 The Landmark Ave. extension to end at Marlo Blvd. will create a serious traffic problem on Mario and the other streets In the south side on Country Villas South. The Intersection of Marlo and McMullen Booth Is a dangerous conflict of traffic (both now and after construction Is complete), The addition of short cut traffic from Landmarkwill exasperate the situation. We are on record as being against the extension of Landmark to Marlo, for whatever reason, hilt-15 55 17:10 FRCM:MAIL EIS ETC. 130 813-726-20M TO.,4626720 PACE:01 ?rr< ALBERT L . VALERY , JR , COPIES To: TO: 3014 Oak Hill Road Clearwater, FL 34619 NOV 61995 (813) 725--3444 PRESS CLERK / ATTORNEY November 15,1995 Clearwater city Commission Fax i 462 6720 RE: Extension of Landmark to Marlo Dear Commissioner: At the 11-13-95 Meeting of Parks and Recreation (c6untry.Rde Library) it was mentioned that as part of the bake Chautauqua Park , Landmark would be extended. I am in favor of both the proposed park and the eventual extension of Landmark, but not the temporary stopping of Landmark at Marlo. My fear is that by stopping Landmark at Marlo you will invite AM $PM commuters to cut through Marlo and thereby our sub-division in order for cars to avoid the "McMullen-Booth - Enterprise" backup. What I'd expect a prudent City Planning Department to do would be to build the extension of Landmark when they are ready to bring it all the stay south to Union or Sunset Point Road. To extend Landmark only to Marlo is to potentially dump a huge amount of traffic onto a small sub-division street. Several planners I've spoken with asked how residents will get to the now park if Landmark is not extended now; my answer is for the few people who want to visit, the park to enter via Marlo. I realize this brings some traffic into our sub-division, but Remo Wilson of Parks & Recreation stated the park was to be "passive" with only 10-15 parking spaces in the entire park, That would create very minor traffic as compared to the volume that could be dumbed on Marlo b? rush hour use of the Landmark extension. My suggestion is to go ahead with the park, but hold off on the Landmark extension until you are ready to go 'through to at leant union. Sincerly, Albert L. Valery, Jr. F? -i?-i99S 1G." PR011 CL?f-)PI MR CLTY ('r?R,OF F, ! f h 70 U-R)EY P.0! Nov-16-9M ag:20P C7a;irwatwr Eeiq. 5arvic4x B13-462-6641 P-01 (lANllBs!!Y9{'"FAXMIID ftltte °??„,r,, r !' - r ' 9J., rim "'U"' C(TY OF CLEARWATER ,? D Far '? ..? ntrrdepartnent Corrampandence Sheot TD: CommiSgi.oner gexxaeld TIMID Betty Deptular City Manager FROM: Richard J. Halrgr, city rnginear CATRt November 15 r 1.9135 ?'f COPXRSZ Katliy S. Rica, Deputy city Manager William c. Baker, Assistant City Manager Terry .Tenninga, Chief Bngihoor SUhJXCT; Landmark Drive Extension, south of Enterpriae Road After ravi*w of the current plans, I after the following information; 1 F The current x•i.ght-'of- way section for Landmark driv+a in too f soot in width with a hard surfaCa being dither paved for vehicuLar, pudestxian or utility usage oocupying some 68 to 70 feat. The typical nootion depicto a s.idowalk, that in 5 feet in width on both, the east and the west aide of the Landmark 4 Drive oonstraotion. « Thu project; length south of Enterpriae Road to Marlo drive in ap)Moxi.mstely 1700t vexcom a north extension of Landmark Drive would range from 3,000 to 5r400 lineal feet of rep dway. The City of Clearwater has already purchased a proposm+ad retention pond site from Mr. Vogel on the r?oxhh aide of the development. The axiating ground contours would prohibits utilization of this parcel for a atormwater facility since them i.e a ridue line near Marlo UrLva. • With regard to the aside atreat connection to thA proposed Landnaxk Drive gxtonsion, Briber Drive is not proposed to be cohneot:rad. However, the current Landmark Drive extension tarmi.nus .id at Marlo Drive. Numoxoua residents bava calluO. to vaicm their support for the projact, as WaXI as th-a-ir displemaure with the project - roasone for support range from better egress access north bound to bettor acc.ttss to the proposed park feci lity. F I i r i? i r .c i f 1 i 4 r 1 f r e. r i ?10V-15-1 16=21 FROM CLEARWnTER CLTY PGR.OPF. 7Q - _,_.._ .._..._ _.._. .... _.? ,? .. __ ??, ...... _ _ _ .. GMVEY P. 02 Mcav-ZG-98 C32z21P Clearwater rng., Sarvia az 813-462-6642 P. 02 conanissioner Barfield page 2 • Tne city currently pooseme the naaassary Dredge and Vi ll permiter to con late thin project. 't'hese permits will expi.ro during USCAl year 1997. • The north extangion will be from a city owned and maintained street, and primarily nerve city residents; whereas, an qxt erasion from the south will squire permitting from the County it order to connect to their roadway. Thin briaf description hopefully providoo you with an overview insofar as the roadway vidth, cross section tenturco and banuf its of a Landmark Extenali.7n from the north. In addition to this irtarmation, T will provide you, with a pralim3 nary set of plans to review prior to our Noviamber 16th Co=ii sion nesting. If you have any additional quasti,one, pleasa do not haoita?ta to contact ma at 462-6042. RB2VW ,r i { f 111` (? i ,,1 3 •. F j d i TOTr'L p.02 .... wag r 1 t Fl?vy F" • Clearwater City Commission rr ,/} E5 Agenda Cover Memorandum Item # 09 Meeting Date: SUBJECT: City Code Amendment - Recreational Vehicle Parking at the Harborview Center. RECOMMENDATION/MOTION: Receive code amendment and refer to City Clerk for advertisement for public hearing. ? and that the appropriate officials be authorized to execute some. BACKGROUND: . Some exhibitors at Harborview craft shows will want to temporarily "lodge" in their recreational vehicles for the duration of the craft show, typically two or three days. City staff has determined that such lodging, on the anticipated limited scale, creates no public safety or appearance concerns. 10. Staff recommends approval of this ordinance; upon adoption, the Harborview Center staff intends to develop a parking plan for these vehicles in conjunction with City staff. Reviei+ed by: originating Dept: Costs: S N LA Commission Action: Legal .LD CENTRAL PERMITTING Total ? Approved Budget N/A Purchasing N/A = [3 Approved ?+lcanditions Risk Mgmt. _ N/A User Dept; Current Fiscal yr. Denied cis N A ? Continued to: ACM fL- Funding Source: ? Capital imp. Advertised: ? Operating Attatiwocnts: Date: Paper: ? Other DRAFT ORDINANCE ® N i d ot Requ re Submitted by: Affected Parties ? None City Manag ? Notified Appropriation Code: ® Not Required COP Printed on recycled paper ORDINANCE NO. AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA; AMENDING SECTIONS 21.10 AND 42.35, CODE OF ORDINANCES, TO PROVIDE FOR THE TEMPORARY STORAGE OF RECREATIONAL VEHICLES FOR LODGING PURPOSES AT THE HARBORVIEW CENTER; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 21.10, Code of Ordinances, is amended to read: Sec. 21.10. Lodging In vehicles. It shall be unlawful for any person to lodge in, on or about any automobile, truck, trailer, camping or recreational vehicle or similar vehicle in any public street, public park area, public way, right-of-way, parking lot or other public property within the limits of the city, eexcept at city.-owned ublic parking facilities in the vicinity of the Harborview Center in accordance with the rules established b and with the express permission of the mana ement of the Harborview Center and the City of Clearwater. Section 2. Section 42.35, Code of Ordinances, is amended to read: Sec. 42.35. Uses Involving vehicles, (1) No recreation vehicle, travel trailer, camper or like unit shall be used for living, sleeping or housekeeping purposes within any zoning district except within an approved recreational vehicle park and at the city-owned public oarking facilities, in the vicinity of the Harborview Center in accordance with the rules established by and with the express permission of the management of the Harborview Center and the City of Clearwater. Section 3. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. Section 4. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Countersigned: Rita Garvey, Mayor-Commissioner Approved as to form and legal sufficiency: J Leslie Dougall- s, Asst. City Attorney CITY OF CLEARWATER, FLORIDA By: Elizabeth M. Deptula, City Manager Attest: Cynthia E. Goudeau, City Clerk V,<=a9 ORDINANCE NO. AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA; AMENDING SECTIONS 21.10 AND 42.35, CODE OF ORDINANCES, TO PROVIDE FOR THE TEMPORARY STORAGE OF RECREATIONAL VEHICLES FOR LODGING PURPOSES AT THE HARBORVIEW CENTER; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 21.10, Code of Ordinances, is amended to read: Sec. 21.10. Lodging in vehicles. It shall be unlawful for any person to lodge in, on or about any automobile, truck, trailer, camping or recreational vehicle or similar vehicle in any public street, public park area, public way, right-of-way, parking lot or other public property within the limits of the city, eexcept at city-owned public parking facilities in the vicinity of the Harborview Center in accordance with the rules established by and with the express permission of the management of the Harborview Center and the Ci Commission of the Ci of Clearwater. Section 2. Section 42.35, Code of Ordinances, is amended to read: Sac. 42.35. Uses Involving vehicles. (1) No recreation vehicle, travel trailer, camper or like unit shall be used for living, sleeping or housekeeping purposes within any zoning district except within an approved recreational vehicle park and at the ci -awned public parking facilities in the vicinity of the Harborview Center in accordance with the rules established b and with the express permission of the management of the Harborview Center and the City Commission of the City of Clearwater. Section 3. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. Section 4. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Countersigned: Rita Garvey, Mayor-Commissioner Approved as to form and legal sufficiency: Leslie Dougall-Sides, Asst. City Attorney CITY OF CLEARWATER, FLORIDA By: Elizabeth M. Deptula, City Manager Attest: Cynthia E. Goudeau, City Clerk Clearwater City Commission Item #: Q ^ C o? r 1 Agenda Cover Memorandum Meeting Date: 11 1(cl•CIS SUBJECT: Commission Representation on Regional and Miscellaneous Boards RECOMMENDATION/MOTION: Appoint Commission members to represent them on regional and miscellaneous boards as listed below © and that the appropriate officials be authorized to execute same, BACKGROUND: The City Commission is requested to appoint representatives to various boards that deal with issues affecting the City. The current appointees are: Tampa Bay Regional Planning Council (TBRPC) Johnson (2nd Mon. - 9:30 a.m.) Florida League of Cities Board of Directors Garvey (as scheduled) Suncoast League of Municipalities B.O.D. Berfield (3rd Sat, - 10:00 a.m.) Performing Arts Center & Theater B.O.D. (PACT) Berfield Emergency Medical Services Advisory Council (EMS) Garvey (EMS Charter requires Mayor to serve as representative) Mayor's Council of Pinellas County Garvey 0 st Wed.- Noon) Downtown Development Board ex-officio members (2) Berfield (1 st Wed. - 5:30 p.m.) Garvey Chi Chi Rodriquez Youth Foundation Trustees (1) Garvey (annual meeting when called) IRevitswed by: H Legal >:-5='' Budget NSA_ . Originating Department: City Clerk (? VyJ costs: NIA 'total Commission Action: D Approved 0 Approved with Conditions Purchasing N/A',;,,:,- ". User Department: 0 Denied Risk Mgmt, NIA : • Current Fiscal Year ? Continued to: IS -N/A.-. Funding Source: ACM [3 Capital Improvamam Other NIA Advertised: 0 operating Dutti: ? Other: Attachments: c?t Piper: Submitted by: ?! ?Eg- 0 Not Required Aitected Patties Appropriation Code 2 , 43 D NDtllled 14 None City Mager 0 Not Required 0 Printed on recycled papvr Jolley Trolley Transportation of Clearwater, Inc. B.O.D. Berfield (Mondays - 5:30 p.m.) Note: The following boards have the Commissioners listed s erving until the expiration date noted. St. Petersburg/Clearwater Economic Development Council Garvey (2nd Wed, - Noon) (f/k/a PCIC) (term expires 4116196) Pinellas Planning Council (PPC) Berfield (3rd Wed. - 9:30 a.m.) (term expires 12131196) Pinellas Sports Authority (PSA) Johnson (Meet as called) (term expires 711199) Pinellas Suncoast Transit Authority (PSTA) Clark (4th Wed. - 9:00 a.m.) (term expires 9130197) Metropolitan Planning Organization (MPO) Thomas (2nd Wed. - 1:00 p.m.) (term expires 9/97) Pension Advisory Committee (PAC) Garvey, Johnson & Clark 5 I ? 4, arwater City Commission enda Cover Memorandum Item # _ Meeting Date: . J?. 9 C5 SUBJECT: ESTABLISH A TEMPORARY ADVISORY TASK FORCE FOR C-VIEW CHANNEL 35 RECOMMENDATION/MOTION: Approve an 18 month C-View TV advisory task force and appoint its members 0 and that the appropriate officials be authorized to execute some. BACKGROUND: The Clearwater City Commission created and funded C-View TV to provide Clearwater residents with immediate access to the deliberations of elected officials and information about City departments and services. The government access television channel began cablecasting on Time Warner Channel 35 on January 3, 1995. In July and August of 1995, Bordner Research, Inc. conducted a series of three focus groups and one quantitative survey in order to determine market awareness, expectations and perceptions related to Clearwater's channel. The City Commission then decided to establish an advisory task force to meet for a period of 18 months. The purpose of the task force is to receive input from Clearwater citizens and technical experts during the early stages of the channel's operation and to help develop policies. The task force will have seven members. Technically oriented members will be appointed by the City Manager. Commission appointees will be interested citizens of Clearwater. The technical members may live outside the City but within Pinellas County. The Commission still needs to decide if they wish to appoint 3 or 4 of the members. Reviewed by: Originating Dept: Costs: S N/A Commission Action; Legal N/A Information Mg t Total ? Approved Budget NjA _ 13 Approved w/conditions Purchasing N/A 5 ? D i d Risk Mgmt. N/A User Dept; Current Fiscal Yr. en e Is N/A ACM Information Management Funding Source: 17 Continued to: Other ? Capital Imp. Advertised: 13 Operating Attachments: Date: other Applications from citizens Paper: Possible appointees by the 0 N t R i d City Manager o equ re Submitted by: Affected Parties ? Appropriation Code: 0 None Notified ® Not Required CI Man er co? Printed on recycled paper Deanna. J. Bennett 1622 Et Tait Trnil Clearawater, rlorlda 3407.6 0113.798.0807 (residence) 613-840-5275 (orrice) Deanna J. Bennett has been a rinrkfa resident since 1979 and a Clearwater resident slnost 1983. A coreer middle manager of over 20 yeers with the federal government, she his speelalizad M development and acquisition of new technology for the U.S. military, Initially in the eompulrr rind communicallons PoW, and later In brnrider technology areas. Sloe Is currently on acmil0lon manager for Unhed States Special Operstions Camrnnnd at MacDDI Air Force Base, EgmsLF,dtj-cq oq: Mnsler of Pubno Admrnislratron. John F. Kennedy Schnol of Government. Harvard Univp-rsiry. Mntto?r of Ails, Political Science, Unlveririly of Wisconsin. Bachelor of Arts, Economics, whh special honors, University of Chicago. ubN M. "A New Proprrim Manager's Guide to People, or, The Ben Hur Theory of Personnel Management", In fam a f, Sepl-OM 1993. 'Computer flecurny; chapter In Lhj_NW'ss Use of Cqmnu ems, ad. J. Prokop, Naval Institute, 1976. "Practical Application of Remote Terminal Emulation" in erocegd)ngs aLCEEUG 61. Various shoed r+rllcles and Information systems hoofs reviews in CieativerCompytinq, 1876-78. Edited and wrote for tine arts newsletter, published various fine arts articles 1977-1903. PubHa Speaking: Matt recently addresses Inchrde `Contrant Opportunities In USSOCOM Special Programs' to MinorNy Enterprise DavelopmenlNVomen Owner? Business groiip; "Planning Your Federal Retirement" to MncDI9 APB women's conference; welcome address to vNitors of Florida International Museum. Communlyinvolvemeffi: Charter volunteer, Florida International Museum, St. Petersburg, FI.. (Treasures or the Czars) United States Special Operations Command representative to the MRcDill Federal Women's Program. Unofltciril, but dedicated publicist for Clearwater Jazz Holiday and olhar cullurallenterlslnment events In Ctearweler. Pars„ o,?aj: Married In Rnl. Witham T. 'Tom' Bennell, Jr., USAF (ret) Stepmother to two University of Florida prsduates Avid gardener, traveler and professional football ton. 11. U1-:t:i 1.1:12 U81J bud 444i Patricia C. Buchan 2891 Meadow Oak Drive East Clearwater FL 34521 813/799-0099 (ti 813/892-4278 (W) EXPER?i?l?? Director, Medical Library, September 1989 to date. All Children's Hospital, St. Petersburg, FL 1Jj IIII,' Manage the professional library and information services for 1800 employees in a 165-hed pediatric teaching hospital. Provide accurate and timely reference and computerized literature searches. Maintain a high quality, state-of-the-art collection of books, journals, and audio-visual materials. Forecast annual fiscal needs of the Library and cost-effectively manage the budgeted funds. Represent the Hospital at national, regional, and state meetings. Online Services Training Coordinator, January 1981 to Sept. 1989. National Library of Medicine (NLM), Bethesda, MO Supervised the National Library of Medicine's professional computer training staff, as well as trainers from three Regional programs. Designed, developed, and utilized instructional materials for computer training seminars. Advised and supported online searchers on Customer Service Desk. Spokesperson and exhibitor for NLM at professional meetings and conferences. Host and moderator for premiere TV satellite broadcast. Library Director, July 1971 to January 1981. U.S. Geological Survey, Water Resources Division, Indianapolis, IN Originated and directed the Indiana Uistrict's technical library. Indexed scientiffc/technical materials and designed a catalog system. Created and compiled personalized literature searches. Selected, ordered, and developed a circulation system for new acquisitions. Initiated a current awareness service for the professional staff. Established an interlibrary loan plan through the area library consortium. MCYQ" Masters of Library Science (MLS), Indiana University, Bloomington, IN B.A., West Liberty State College, Hest Liberty, WV 64A_RQ Employee of the Month Nominee, All Children's hospital, 1993. Certificate of Recognition (4), Florida health Sciences Lib. Assoc., 1991-94. Certificate of Recognition, National Library of Medicine, 1988. Special Achievement Award, Hat Library of Medicine, 1988. L 0LE35IAr.,;ASS0C IA T 10NS Medical Library Association, MLA, 1983 to date. Regional Advisory Council, National Network of Libraries of Medicine, 1994-1995. Florida Health Sciences Library Association, 1989 to date. Tampa Bay Medical Library Network, 1989 to date. American Society for Training & Development, Suncoast Chapter, 1993 to date. I 1. 111, 95 1.1:1J t181J 8112 8557 Sean Buchan 2a91 Meadow Oak Drive East Clearwater, FL 34621 (813) 799-0099 FXPRam1cm Employee-Hanagement Relations Director (6 1/?. years) Employment & Training Administration, U.S. Department of Labor, Washington, DC I?lj u u l I Established and maintained excellent working relationships through leadership and communication skills. Reduced agency grievances and complaints by over 70% exercising sound judgement and :Fairness in decision-making. Initiated informal discussions with union leaders and employees to resolve conflicts. Piloted QWL model in division. Developed and presented lively training courses. Employee/Labor Relations Liaison (5 1/2 years) Hontgainery County school System, Maryland Counseled employees and management about their responsibilities and improved organizational morale. Administered the bargdining contract and represented employees at grievance hearings- Public Accom«todations Panel HeIDbe3C Montgomery County Human Relations Commission, Maryland Appointed to two 3-year terms by tbP County Rxecutive and county Council.. Conducted public hearings, aWalyz*--d facts and witness credibility. Issued written findings and rulings on reasonable accommodation matters. Consumpr/Businpss Arbitrator (5 years during above experience) Better Business Bureau of Washington, DC Presided over customer/corporate (e.g., General Motors, Personnel Agencies)-dispute hearings. Issued binding determinations. ARARM Special, Act Award - U.S. Dept. of Labor, Washington, DC Meritorious Achievement Award - U.S. Dept. of Labor, Washington, DC "Arbitrator of the Year" -- Better Business Bureau of Washington, DC Distinguished "Certificate of Recognition" Awards (2) - Montgomery County School System, Maryland JauucA K_ M.A., Business management & Supervision, Ce-ntral. Michigan University B.S., Business Administration, University of Maryland Founder and President of television entertainment production company. Producer and host of ongoing musical dance shows on local cable. Created and hosted singles' game shows. Video resume available. Peter S. "Pete" Caffentzis, Ph.D. 1058 Chinaberry Road - Clearwater, Florida 34624-4902 - (813) 524-3939 Dr. Caffentzis holds a doctorate in Social Psychology, specializing in Applied Behavioral Science. He held a five year scholarship and two research fellowships while completing his doctoral studies. His Internships Included family co-therapist training at the Nathan Ackerman Family Training Institute and at the Albert Einstein College of Medicine, Department of Psychiatry, Family Studies Section. He then served as Clinical Professor of Psychiatry on a 2 year study of alcoholic families and taught residents in psychiatry. His work over the last 30 years has been in assisting individuals to develop excellent plans for their lives and their careers. He has been a consultant with the US Military, Fortune 500 Companies, Public and Private School Systems, Religious Communities, Government Agencies and Universities. His basic philosophy Is expressed by this quotation... "I cannot believe that the purpose of life is to be happy. I think that the purpose of life is to be useful, to be responsible, to be compassionate. It is above all to matter; to count, to stand for something, to have made some difference that you lived at all." That philosophy was embedded in Executive Change, a company he co- founded that focused on executive out placement and was acquired by Goodrich and Sherwood, a major executive recruiting firm in New York City. His next venture was as a managing partner for Fromkin Van Horn Handley, a firm with offices in London, Toronto, New York and Tampa. This firm was eventually acquired by Saatchi and Saatchl, a multi-million dollar advertising and consulting firm based in London, England. In both cases the companies started by Dr. Caffentzis specialized in organization development programs, conflict resolution strategies and career counseling to salaried executives, upper and middle managers as well as hourly workers affected by layoffs. What made his companies and services unique were that the spouses and adolescent children of affected employees were always Invited to participate. He continues to bring this rich set of experiences to his present work as a divorce mediator as well as teaching divorcing couples and divorced parents with children on how to improve their emotional, physical and financial health. Dr. Caffentzis is presently producing a television show tilled "Couples and Conflict". It airs every Wednesday night on channel 24 from 10:05-11:05 PM l Nancy 1 Hell 1421 Wood Avenue home-449-2774 work-547.7712 Clearwater, PL 34613 Objecdive: To volunteer as a eorrmtitteo member on the Advisory Teak Force for C-Viow, Channel 35 Sunrntary Citizen of Clearwater for over 7years with committee experience its Volunteer Coordinator for two City of Clearwater Recycling Feirs and currently a volunteer and oeceaaional producer wide Community Access, Chumel 24. Personal interests cover a wide range of subjects. Penoonel characteristics include excellent communication and writing skills, strong curiosity, creativeness and interest in serving my crnununity. En?r+loyMmf Assessment Specialist - workiizig an a five year research grent in a cooperative effect between Johns Hopkins University, Pinellas County Schools and Operation PAR,rnc. As Assessment Specialist J assist in Managing the many facets Of the research project that regularly communicates with approximately 500 4nmilies and the 23 local Middle Schools. Interaction and good relationr? with all participants, school penotwel and administrators is a miest. Adjunct Coanoslor& crurently working'one night per week as see acadomio. career and personal eournetor at St. Petersburg lunior College, Clearwater. Education Mseters Degree In Morris#* tared Family Counseling Chapman College, Qrange California Bachelor Degree In Pacholopr University of California at Los AxWles NUV-03-'? f:hl 20:21 iU:1:LERRWaiER FLURlllH 1EL NU:63 FW{ MRCH1NE 4152 pol HOV-03-1995 00:31 IWORMATrON MGT, P.01 CITY OF CLIARWA79R Application for Advisory Baards (must be Clearwater teAlddj) Nerna David Cam bell Horne Addross: , 2310 Min neola Rom Clearwater, Florida Zip-, 34624 Tntiaphone 725.1276 Oftict Addtess: 21P: 7110phons How Long a falW&M ort the City o! Clearwater? 5 Years Occupe6an Vinployat Meld of Edvcstion: Other Work Experlence: 11 retired, former occupation Consultant Community Actiuites: Homeowners Association & Coalition of Clearwater Homeowner Associations Other Intcreats: Board 6ervie• (current and past) Code Enforcement Task Review Board Preference: C-View TV Task Force Force CERTaFl Additional Comments: Slgnsd: ate' November 3 1995 Please see attached list for Boards that reWre FInancial Disclaguru, PLEASE; RETURN THIS FORM TO: City Clerk's Department P.O. Pox 4748 Clearwater, FL 34618 a TOTAL P.001 1 POSSIBLE APPOINTEES {TECHNICAL): Mike Ramsey TV Production Coordinator Pinellas County Government Access TV 464-4724 Dan Hamsmith Cable TV Production Coordinator City of St. Petersburg 892-5 1 84 Paula McDonald Producer/Director Hillsborough County Government Access TV 276-2680 (Hillsborough County resident) i Mindy Snyder Operations Supervisor City of Tampa Government Access TV (Hillsborough County resident) Sean Stafford Coordinator, Time Warner Community Access 785-5439 Rich Whitacker Magic Media - TV Production Studio President, Palm Harbor Active in Community Access Television 786-4350 {r CITY OF CLEARWATER OFFICE OF CITY COMMISSION MEMORANDUM TO: Cyndie Goudeau, City Clerk COPIES To: FRAM: Commissioner Bob Clark COMMISSION NOV 0 9 1995 COPIES: Betty Deptula, City Manager Pht:,s Jeff Harper, Information Management Director CLERK / ATTORNEY RE: C-View Task Force Committee DATE: November 9, 1995 My nomination for the C-View Task Force Committee is: James "Jim" Martin 2868 Weathersfield Court Clearwater, FL 34621 Work Phone: 4694112 Thank you for your consideration. BC/cb I COPIES TO: COMMISSION OCTOBER 7, 1995 NO V 9 9 1995 CLERK % ta, ATTORNEY TO: JEFF HARPER FROM: J. B. JOHNSON, CM. Q RE:ADVISORY TASK FORCE C-VIEW CHANNEL 35 I WOULD LIKE TO APPOINT JOSEPH BROWN, 3267 SAN JOSE ST., CLEARWATER, FL. 34619 TO THE ABOVE TASK FORCE. JOE IS A LONG TIME RESIDENT OF CLEARWATER. IS AN EMPLOYEE OF FLORIDA POWER COMPANY AND IS WELL QUALIFIED TO BE A MEMBER OF THE TASK FORCE. HIS TELEPHONE # 1S 726-8954. HE IS ADVISING THE CITY MANAGER OF HIS WILLINGNESS TO SERVE. THANKS, JBJ---CC . in FLH POWEF CLW I R E116 iEL:813-4,14-4753 ilct U9'95 -_14:emu 110.ULid F.01 CITY of CLEARWATER Application for Advisory Boards (must be Ctearwater LIIWgW Hama Home Address: JZ67 w . Cl ru1 . X4/9 Telephone ZG Office Address: ( J ?4 UdA r _ gip. 3?9 Telaphant a Fes( z- ;*?1 - How Long a resident of the City of Clearwater? Occupatlon. ILT r?12&,,Pr-iEmploy©r !?11. ?1r` l`?u1t? C:QER4,_ Field of Education: Other work Experioncs: Ce7W If retired, former occupation Board Service toutrent and past? Board Preference: s - ' ?ictil Additional Comments: i Lvz? ?? Signed: Date: Please woo attached Iiat for Boards thot rogvirs F:Inanclal Disclosure. PLEASE RETURN THIS FORM TO: City Clark's Department P.O. Sox 4748 Clearwater, FL 34618 Other interests: I \ t-?:p ' z 3 [ CITY OF CLEARWATER Interdepartmental Correspondonce TO: FROM: SUBJECT: COPIES: DATE: Mayor and Commissioners Cynthia E. Goudeau, City Cler C-View Task'Force Elizabeth Deptula, City Manager Jeff Harper, Information Management Director November 15, 1995 Bob Wright called today and asked that I inform you lie would like to be considered for appointment to the C-View Task Force. I will be sending him an advisory board application, however, I do not anticipate it being returned prior to your meeting tomorrow night. 1 POSSIBLE APPOINTEES (TECHNICAL): ? t Mike Ramsey TV Production Coordinator Pinellas County Government Access TV 464-4724 Dan Hamsmith Cable TV Production Coordinator City of St. Petersburg 892-5184 Paula McDonald Producer/Director Hillsborough County Government Access TV 276-2680 (Hillsborough County resident) Mindy Snyder „ Operations Supervisor City of Tampa Government Access TV (Hillsborough County resident) Sean Stafford Coordinator, Time Warner Community Access 785-5439 Rich Whitacker Magic Media - TV Production Studio President, Palm Harbor Active in Community Access Television 786-4350 11- , Q M k - uk.? 0 Clearw t a er C P O BOX A7A8 In nrmaUnn 1,, anagement Depnrtment A U CLEARWATER. FL 34618-4748 ?y9? TELEPHONE (813) 462-6674 t,l T 0' )WANAGER TO Kathy Rice, Deputy City Manager . 71 FROM: Jeff Harper, Information Management Directoyie'!COPIES: Betty Deptula, City Manager William Baker, Assistant City Manager Laura Crook, Assistant Director IM Carrie Huntley, Community Outreach Manager SUBJECT: Channel 35 C-View Advisory Task Force DATE: August 25, 1995 , Attached is a proposal for setting up a C-View advisory task force. I recommend that this task force be made up of a combination of people knowledgeable in television production and interested citizens. The task force could be helpful to C-View in helping establish programming policies, in providing production related suggestions, and in helping market C-View through community feedback and promotion assistance. Especially helpful to the staff would be members with access television experience, such as Billie Noakes of Time Warner and Mike Ramsey or Ronnie Goodstein of Pinellas County Government TV. David Rosenblatt or Merrily Miller of Silver Image are president and secretary of the Tampa Bay Chapter of the International Television Association, either of them would be a knowledgeable member. David Bjelland of Time Warner is a TV engineer as is Jean Varn of Channel 28; either of them would be a definite asset. Someone from SPJC or PTEC who is involved in television production or mass communications programs would also be a likely candidate. I think people such as these along with our experienced staff would be a good core to address some of the issues with which we need to deal.. Three citizens would round out the seven person board. Perhaps the Commission could select three people who are attuned to the community, and who would be helpful in spreading the word about C--View. I am recommending that this task force be a temporary one designated to exist for an eighteen month period. Much of the work this task force would do is either of a one time nature or a (OVk'R) I— ... Page 2 August 25, 1995 "get things going in the right direction" nature. I have received survey responses from 13 Florida cities and counties that have a television operation. One, Channel. 20 in Palm Beach County, has an'advisory committee. Orange County had a temporary pre-start-up committee, and Alachua County had a committee that- disbanded last year. The task force would help by advising on the writing of a policy manual to be approved by the City Manager,and the City Commission. These policies would address issues such as what sources other than C-View could provide programming for the channel; what coverage of privately supported special events or private business openings can properly be covered by C-View without giving unfair publicity to one business over another; what type of coverage of political events such as City Commission candidate forums should be provided; and how can such programming be kept fair. Other issues might be; sponsorships appropriate in government access television; equipment policies; production quality standards; the best use of our resources, etc. I have attached a proposal to establish this C-View task force. This is modeled after the Budget Advisory Committee. I am recommending a seven member committee with four members appointed by the City Manager and three appointed by,the City Commission. The names listed above are suggestions. T have not contacted these people pending approval of this concept. If this task force is approved, we can solicit volunteers. 1' A C-VIEW CHANNEL 35 CLEARWATER GOVERNMENT ACCESS TELEVISION ADVISORY TASK FORCE 4 1. Mission: To advise the City Manager concerning the City of Clearwater's government access television channel. To suggest ways of meeting the goals set by the City Commission to televise meetings, inform citizens about the programs and services and events provided by the City, and to market the City as a place to live and do business. To advise the City Manager concerning programming policies; and C-View marketing strategies. 2. Procedures: There shall be a task force of seven members. The Task Force will serve for a period of eighteen months. Four of the members shall be appointed by the City Manager, and three sha11 be appointed by the City Commission. Meetings will, be held monthly. The Information Management Director and Community Outreach Manager shall serve as staff liaison to the Task Force. The City Manager through the Information Management Director will furnish from time to time information on issues and proposals that are being considered that would affect the operations of Channel. 35. Recommendations of the Task Force and copies of minutes shall be transmitted to the City Manager and the City Commission within one week after each Task Force meeting. Requests for information shall be by consensus of the Task Force. Staff projects of more than 8 hours must be approved by the City Commission. Appointment of Task Force Members After three consecutive, or a total of four meeting absences, the member will be removed by the City Manager. The City Manager or City Commission will appoint a replacement to serve for the remainder of the eighteen month period this Task Force will exist. Membership on the Channel 35 Task Force does not preclude appointment to a City board. T. LIP y ?- `off II. 161-5 Item 0 n Clearwater City Commission Meeting Date: CI° Agenda Cover Memorandum 3 (?Z SUBJECT: Authorization for modification of streetscape - 500 block of Cleveland Street. RECOMMENDATIONIMOTION: Authorize modification of streetscape previously installed by the City of Clearwater and the CRA. ? end that the appropriate officials be authorized to execute same. BACKGROUND: The Church of Scientology desires to modify the streetscape in front of property they own in the 500 block of Cleveland Street (north side) to replicate, to the extent possible, the historic streetscape that existed with the old Bank of Clearwater building. The Downtown Partnership, in considering this request, asked that the request be considered by the Partnership's Design Subcommittee, the City Design Review Board, and City staff, with the City Commission serving as the final local approving body for the proposal. The request has been reviewed by the Design Subcommittee, the Design Review Board, and City staff, with several modifications being made to the original design to accommodate the concerns and desires of each of these reviewing groups. The attached site drawing shows the proposal by the Church of Scientology as recommended by the above groups. The proposal includes proposed recessed lighting of the building, removal of the existing street furniture with replacement in a more traditional fashion, and installation of an additional traditional downtown streetlight. The proposed bench and trash receptacle have been reviewed by City staff for durability. In the interest of continuity in the downtown streetscape, staff will be considering the same type bench and receptacle for use in Coachman Park as part of an upgrade to that facility. Continuity in the streetscape was considered very important by all reviewing groups. The proposed more traditional treatment has been judged to be in keeping with the overall design goals for downtown as determined by the reviewing groups as consistent with the new Downtown Redevelopment Plan. The proposed improvements on the north side of the 500 block of Cleveland Street are to be installed entirely at the expense of the Church of Scientology; the Church will also coordinate the installation of these features with the owner of the right-of-way property, FDOT. Staff recommends approval of this streetscape modification since it advances the design and aesthetic goals of the City for Downtown Clearwater. Reviewed by: Originating Dept: Costs: S N/A Commission Action: Legal n/A CENTRAL PERMITTING 51 Total ? Approved Budget N/A Purchasing N/A , 5 13 Approved w/conditions Risk Mgmt. N/A User Dept: Current Fiscal Yr. ? Denied CIS N/A ? Continued to: ACH runding Source: Parks & Rec. ? Capital Imp. Engineering CRA Advertised: [] Operating Attachments: Date: Q other SITE DRAWING ?{r Paper: ® d Not Require Sutamitted try: Affected Parties ? None City Manager --? 17 Notified Appropriation Code: ® Not Required %0 Printed on recycled paper anll;m`/ 110SAMIUM IA ?' 0 a C ° SH U pb o ?V\ o ? or V ? •u ? M `y co 0 r \ 1 F3Fq 3 © d •? r..l Y ••? \ t ors a - 14 G az ?, I I H12 p Y ? •C 0. pe rf\ I ??? f? p cu a auto -ht'O"1)'• . Q ? ?? _ s` anuaA`/ t105l.IielI ).113.1 v n? M• in-? .s, U t? w 0 z 9 ?t N C1? c? ctt 1N ?r wit w .'AINTEAHURY INTEIRATIONAL Pennsylvania Ave. Standard Trash Pennsylvania Avenue Trash Receptacles and Planters Cast aluminum or cast iron planters and trash receptacles. Planters with fiberglass liner, 2VA" dia. in variable heights. Trash receptacles with rigid, plastic, removable liner, 221/4" dia, x 36" high and 36" dia. x 42" high. Black powder coat finish standard. Other sizes and custom colors available. Optional top cover casting or recyrler top (pictured below) with recycler liner, Available with side door openln-3. 1890 Park Bench Oak for 4101i0t 9141', 1'1191111! 1lcNut or Ipe for vxtenor me, Otlivi tvuutl4 svaikible. Castings in iron or alummum lila, k rastimp standard. •t' to 12' !r1»ttliti %%ith w without toack i15 fr1 es! 11x1111{t or I ailtdearled models Optional In ter ole111.ite .11111 [ uotoln rolnrs available. 16 f.11'I'IilN111I1' INTC11.111'1'IONAL .... Church of ScientoloLme Flag* Service Organization, Inc. A,O. Box 31751 Tampa, Florida 33633.3751 USA (813) 461-1+287 Mr. Don McCarty Design Review Dept. City of Clearwater 23 Oct 1995 Re: Requested modifications to the sidewalk at the old Bank of Clearwater building, 500 Cleveland St. Dear Mr. McCarty, I have reviewed the additional comments and.requests regarding our proposed modifications to the sidewalk at 500 Cleveland Street. 1. We have no objections to adding the 2 decorative flower pots. 2. On the extension of the existing irrigation system to the planter next to the building, we would offer to meter this and pay for the water used. if this is not acceptable, we can find some other means of watering this planter. 3. If these are approved, we have no objection to m4intaining the benches, trash receptacles, and decorates dower pots, if the City does not wish to maintain theme "' Sincerely, James Bond Church of Scientology EOLMOUxA. FIAL.Ihe FLIT Mh K. OrX44111 II..I L w11I.14V I1*1i.11d Ihr Fl., I/*9.b• It Rd 11.41&. aid W111 P o1.r1111b1-11n NOIK.4'I.- I't h"0upl C-IF, an,l wo Ulnl N IIh 11.I rrnIIM11" I%,Io,l In V 5 A COE31ES TO: COMMISSION NOV 16 1995 c e _ ?- Phcbti +81344132132 EM I TS hIRR}(1=T RESEARC C L E R K / AT TO R N E Y (320 pel NOV 16 ' 95 18:26 Executive Management Information and Technical services, Inc, MARKET RESEARCH To Mayor Rita Garvey and City Commissioners VIA FAX: 452-6120 November 15, 1995 (Please read at city commission meeting if possible.) Dear Mayor Garvey and City Commissioners: I am writing on behalf of a proposition to make some alight changes to the -landscaping in front of the newly renovated Clearwater Bank Building. I am a member of the Downtown Clearwater Partnership's Design 'Committee, and have served as a volunteer with that group for about a year. Our committee reviewed the church of Boierntology'a plans at our September meeting, and approved certain changes, which would be in keeping with the historical restorations of the building. I feel, as did the rest of our committee, that the changes being proposed are not unreasonable, as they will enhance the already beautiful exterior of the building, fitting in with the overall downtown Clearwater image. The changes to remove the long brick planter and replace it with new benches and trash reoeptaoleja which are in keeping with the historical period of the building would be a great addition to the downtown streetscape. While 1 realize that it would be different than the rest of the street:, it already is quite different and is a benchmark for what the rest of Clearwater's downtown could look like, if as much effort and energy were to be invested by other property owners, as the Church has obviously invested in their buildings. Please ,approve their proposed request for changes. Thank you for your attention. Sincerely, Betsy orcoran-Cramb, MPH President e = S ca NOV- 1 b-SM THU 1G :4 3 Star,clo r d Or ?r nn I x 1 n? So 1. F. 01 COPIES TO: COMMISSION From the desk of Dwight Matheny NOV 1, G 1995 413 Voyoland St Cfomter, F1.34815 V h rz o 6 ORNEY To theMayor and Commissioners of the City of Clearwater, FL From: Dwight Mathcny, New Member-elect of the Downtown Development Board of 413 Cleveland Street Clearwater, Florida Please read and distribute at City Commission Meeting of 16 Nov 1995. Dear Mayor and Commissioners, Regarding sidewalk improvement project proposed by the Church of Scientology. The efforts of the Churcb to restore the appearance of the old Clearwater Bank building Is highly commendable. I work downtown, and as I walk throughout the downtown to get lunch or a cup of coffee or a newspaper, I am continually being asked or hear others talk about the beautiful building at the corner of Cleveland and Fort Harrison, This property is a shining example of the type of historical restoration that we want to support and encourage, As we continue to restore the down- town to its historical quality it would be important that the streetscape be coordinated to this design and standard as well. Since the Church will be funding this improvement it will give us an opportunity to physi. cally Inspect this style of improvement and may be valuable as a prototype for the rest of the street. scapes In the downtown, As a member of the Design Committee and a new member-elect of the Downtown Develop- ment; Board I would like to go on record as supporting this Improvement. AD Sin D 4Matheny i [DATE AGEN'DA', ITEM f l a CM - - 33 ? 1 (6-95 CITY OF CLEARWATER INTERDEPARTMENTAL CORRESPONDENCE SHEET TO: FROM: COPIES: SUBJECT: DATE: Honorable Mayor and City Commissioners 1995 Eleanor Breland, Human Relations Director Elizabeth M. Deptula, City Manager and Kathy S. Rice, Deputy City Manager 1995 Summer Youth Employment Program - Final Report October 2, 1995 Please find enclosed a copy of the final report on the 1995 Summer Youth Employment Program which was prepared by the Pinellas Private Industry Council, Inc. Also enclosed is a cover letter from PIC addressed to Mayor Garvey. Please feel free to contact me at extension 6884 if you have any questions about the report. COPIES TO: COMMISSION OCT 0 0 1995 PRESS CLERK 1 ATTORNEY 1411VI-7 v aX r l G, D O O I'i°?*'? Scrl?i a.J ?P4- Cf-s+ ? _ /'P L=o-m.-s-,?.t.?r,p?,?-?,c..r?.y a.-: ?,?a.? ?^'?,1 a•.? `?"' ? ..tea Ca V11W P I N E L L A S PRIVATE INDUSTRY COUNCILi Clearwater Center, 611 Druid Road, Suite 408, Clearwater, Florida 34616 Phone: (813) 298.1718 Suncom: (813) 558-1718 Fax: (813) 298.1717 September 29, 1995 The Honorable Rita Garvey Mayor City of Clearwater PO Box 4748 Clearwater, Florida 34618 Dear Mayor Garvey, Thank you once again for your commitment and leadership on behalf of the youth in the City of Clearwater. The Pinellas Private Industry Council was honored to be selected to administer the 1995 Clearwater Summer Youth Employment and Training program. The commitment from the City Commissioners, City Managers, private sector employers of Clearwater, the Police Department, community leaders in the Greenwood, Condon Garden areas and the Dept. of Human Relations all played a major part in making the program a great success. Attached please find a copy of our final report on the 1995 Summer Youth Employment and Training Program. The Pinellas Private Industry Council stands ready to work with you and the City to make Summer 1996 even better. Sincerely, Leer, L Donald Rutledge Program Coordinator Attachment J ( C, Dianne S. Cox Interim President %I 'lit), , . ?l tilt 111.1 l it-I,lt1'11ft.lr -kit ,M 111 flit t 1rlt?t.lfl,llrl;, hn dit h014,111 ( ?,(Wf li Orf ICERS: U,i%it) i. Welch, E. D, tldrhara Koyulis Dr. Willfe 11 Feltun, Jr. Runahl Ni. Ricilydu Leslie D, Reagin, Ill (."11,111 1'n t' ( 11,111 91.1 IVIM) 1rv.r•ulel 1lnnuvllalt 1'.I,t t ILn Plrh •1n Miming Svt%it r. 1lariraua Mrrulr• In.ur.lnrt. hl, 11ol..'rShurg lemur ('t)llk-p Lvti1 i,, I(1tr 11 .arnl Ric auiu I .l).R. t,rlluil, lit, . 3 PINELLAS PRIVATE INDUSTRY COUNCIL, .INC. CITY OF CLEARWATER SUMMER JOBS PROGRAM 1995 REPORT Prepared By: Donald Rutledge, Program Coordinator Phyllis Burch, Center Director (o vk?R) J TABLE OF CONTENTS Pope Title 1-3 Summary of Goals and Mission Statement 4 Introduction 5-6 Agreement between the City of Clearwater and the Pinellas Private Industry Council, Inc. 7' Executive Summary 8 Recruitment & Outreacb Plan 9-10 Eligibility and Intake 11-12 Private Sector Employers 13-14 Participant Orientation & Employability Skills Training 15 Summer Employment 16 1995 Pilot Program 17 Evaluation Reports 18 Parent/Program Survey 19-24 Comments of the Parent/Program Survey 25 Employer/Program Survey 26-35 Comments of the Employer/Program ' Survey 36 Participant Program Survey 37-39 Comments of the Participant Survey 40 Recommendations SUMMARY OF GOALS AND MISSION STATEMENT Listed below are the goals and results for the 1995 Clearwater Summer Jobs Program. Goal if I To provide 100 summer jobs for targeted youth over a six week period in local private industry at a cost of $150,000. Result This Goal was met. One hundred twelve youth were enrolled with 101 completing the summer program. Youth were from North and South Greenwood, Condon Gardens areas. Goal #2 To achieve a 75% satisfaction rating (Satisfactory or higher) from employers participating in and parents/guardians of youth participating in the Summer Jobs Program. Result. This Goal was achieved. The total number of evaluations received from employers was 84 out of 101 with the percentage being 83%. The total number of evaluations received from parents/guardians of the youth were 90 out of 101 with the percentage being 92%. Goal #3 To obtain program evaluations from at least 75% of all summer youth participants and also from at least 75% of the parents/guardians of youth participating in the program, Result This Goal was achieved. The total number of evaluations received from summer youth participants was 93 out of 101. The percentage was 93%. The total number of evaluations received from parents/guardians was 90 out of 101. The percentage was 92%. ov,69) Goal #4 Fifty percent (501/6) of the population to be served will consist of high school dropouts who are 16 years of age and any youth who are 17 to 23 years of age. Additionally, 90% of the participants will reside in the targeted geographical areas. Result This Goal was achieved. Sixty youth aged 16-23 and fit youth 14-15 worked in the Program. Ninety percent (90%) were from the targeted areas. Goal #5 Include a measure of youth satisfaction with the program as part of the data collection. Result This Goal was achieved by the evaluations received from the participants. Goal #6 Collect and analyze information about youth who applied but did not enroll in the Program and for Program dropouts. Result This Goal was achieved. Youth that could not be served by the Clearwater Summer Jobs Program were referred to the Title 11-B Federal Program. Only 9% were negatively terminated from the Cleanvater Summer Jobs Program. Goal #7#7 Set minimum service parameters, such as number of youth to be served, number of employers to participate, nurilber of hours of pre-employment training for youth/employers. Result This Goal was achieved. Dumber of participants was 112, we exceeded that goal. Employers for the program were over 100, number of pre-employment training hours was three hours which was met. -1) - M L INTRODUCTION On March 20, 1995, the Pinellas Private Industry Council, Inc./WORKFORCE entered into a signed agreement with the City of Clearwater to operate it's 1995 Clearwater Summer Jobs Program. This Agreement signed by both parties defines the terms by which the PPIC will implement the 1995 Clearwater Summer Jobs Program. Please read attached Agreement. -4- Ohl ?:L41 HUMA I F E;.AT 10t I's S;d PLE AGREEMENT THIS AGREEMENT, made and entered into on the day of , 19-1 by and between (CONTRACTOR'S NAME] (herein referred to as the "Contractor") and the City of Clearwater, Florida (herein referred to as the "City), L The Contractor shall furnish all material and perform all of the work for administration of the 1995 Summer Jobs Program of the City in full and complete accordance with the following goals: a. To provide 100 summer jobs for targeted youth over a six week period in local private industry, at a cost of S 150, 000. b. To achieve a 75% satisfaction rating (Satisfactory or higher) from employers participating in and parentslguardians of youth participating in the Summer Jobs Program. c. To obtain program evaluations from at least 75 I4 of all summer youth participants and also from at least 75 % of the parents/guardians of youth participating in the program. d. The City and the Contractor-will-implement the following: (1) Fifty percent (5017o) of the population to be served will consist of high school dropouts who are lb years of age and any youth who are 17 to 23 years of age, additionally, 90% of the participants will reside in the targeted geographical areas. (2) Include a measure of youth satisfaction with the program as part of the data collection, (3) Collet and analyze information about youth who applied but did not enroll in the Program and for Program dropouts. (4) Set minimum service parameters, such as number of youth to be served, number of employers to participate, number of hours of pre-employment training for youth/employers. (5) Determine the amount and content of pre-employment training, who should provide the training, who should participate, and some form of evaluating the effectiveness of the trainine. (ti) The administrator of the contract NvW present the City with a final report on the program no later than October 1st following completion of the program. (7) Develop a pilot program wherein a minimum of 204 of the total number of r 5 - E,.. .: _ ?-i L 11,M F ?. FF OH CLU HUMA-1 I F EL AT I al FHO 1E 110. : t ? a y_ '-: . GAMPLZ employers will pay at least S1.00/hour towards the youths' hourly wages. 2. All provisions or this contract shall be strictly complied with and conformed to, and no amendment to this Contract shall be matte except upon the written consent of the parties, which consents shall not be unreasonably withheld. No amendment shall'be construed to release either party from any obligation of this contract except as specifically provided for in such amendment. 3. Within thirty (30) days after execution of this Contract by all parties, the City will pay $34,000 for start-up and other costs associated with the implementation of the program, including staffing and administrative expenses. An additional $70,400 will be paid in June, and a final payment of $50,004 will be paid in July. The City's maximum liability under this contract shall not exceed $150,000, and at the end of this contract all unencumbered funds will be returned to the City. 4. In the event that any provision or portion of this.contract shall be found to be invalid or unenforceable, then such provisions or portion thereof shall be performed in accordance with the applicable laws. The invalidity or unenforceability of any provision or portion of this contract shall not affect the validity or enforceability of any other provision -or portion of this contact. 5. This contract will be effective from date of award through completion of the 1995 Summer Jobs Program and upon agreement of the City and the Contractor, may be extended annually for one additional year. By giving at least thirty (30) days written notice to the other party prior to January 1 of the contract year, both parties must decide to extend this agreement for an additional year. CITY OF CLEARWATER, FLORIDA Countersigned: Mayor-Commissioner Approved as to form and legal sufficiency: Miles Lance, Assistant City Attorney [Contractor's Name] By: City Manager Attest: City Clerk 6 - Authorized Signatorv: Contractor ? Witness ?.. EXECUTIVE SUMMARY The 1995 results from the Clearwater Summer Jobs Program proved once again that the Program was a great success! The information, data collected and analyzed from employers, participants and parents, strongly suggested the positive results and benefits derived from their participation in the Clearwater Summer Jobs Program. Therefore, as the administrator, it is clear to the Pinellas Private Industry Council, that the positive relationships developed with the private sector employers has been rewarding. Again this year the commitment on behalf of the employers throughout the City of Clearwater clearly demonstrates their support to open their doors and accept young people to participate in training and work experience. The direct benefits received from employers, participants and parents has gone a long way in developing trust, respect and hope for our future workers and leaders of tomorrow. If young people are given an opportunity to participate in a good working environment, it will yield positive results in youth, in parents and the community. -7- RECRUITMENT AND OUTREACH PLAN March 20, 1995, there were 300 letters and applications mailed to youth that participated in the 1993-1994 Clearwater Summer Jobs Program. In addition there were letters and applications mailed to students receiving free and reduced lunches in the Pinellas County School System. Purpose was to allow these individuals an opportunity to make application for the Clearwater Summer Jobs Program. A sample of the letter and application are available at the Clearwater Workforce Center. Applications were placed at the following locations for distribution. The Matlin Luther King Center, Clearwater; Ross Norton Park, Clearwater; Ervin's All American Youth Center, Clearwater; Community Relations Department, City of Clearwater; and the WORKFORCE Clearwater Office, 611 Druid Road, Suite 408, Clearwater. Letters and information on the Clearwater Summer Jobs Program were delivered to all churches located in the targeted areas of Clearwater. A sample of the letter and flyer are available at the Clearwater Workforce Center. Outreach and recruitment was completed at the following schools. East Lake High School, Tarpon Springs; Dunedin High School, Dunedin; Palm Harbor Middle School, Palm Harbor; The Joseph Carwise Middle School, Palm Harbor; Dunedin Middle School, Dunedin; Discovery School, Clearwater; Kennedy Middle School, Clearwater; Clearwater High School, Clearwater; and Largo High School, Largo. Outreach counselors made visits to all of the above schools providing infonnation on the Clearwater Summer Jobs Program. Distribution of applications were left at each school. Outreach counselors twice a week returned to the schools to collect completed applications on youth who had applied. Citizens were encouraged to pick up applications at the WORKFORCE Center or request that applications be mailed to their residence. Applications were distributed at Food Stamp and Project Independence under Health and Rehabilitative Services. ` There were news releases with the St. Petersburg Times, Tampa Tribune and a news feature was shown on WTOG Channel 44. -8- (oVef'?) ELIGIBILITY AND INTAKE The following locations were available for eligibility and intake on a weekly basis. These locations were: Martin Luther King Recreational Center, St. Petersburg Junior College, Clearwater Campus, and WORKFORCE. Center at 611 Druid Road. Intake nights were Mondays, Tuesdays and Thursdays beginning from March 20 and ending June 9, 1995. As an added feature for providing intake and eligibility services, we were able to provide intakes and eligibility for those youth and parents at their residences. This was done because there were parents who were unable to attend their scheduled intake appointment because of health reasons. Total number of applications processed for the Clearwater Summer Program was 238. The total number of applicants referred for the Clearwater Summer Program was 168. The total number of applicants enrolled was 119. The total number of applicants referred back to Title II-B Federal Program for processing was 49. Selection process for applicants were based oil the following: 1. Applicants must reside within the targeted areas of Clearwater identified by the City of Clearwater in the Agreement. 2. Applicants must be 14-23 years of age. 3. For those applicants who did not reside in the targeted area, they must qualify under the Pinellas County Median Income Guidelines. Youth age 14-16 completing the eligibility intake process were assessed the Saturday following their inta? a appointment. The assessment provided infonnation in the areas of reading and math. Ail Interest Survey was completed by each youth which assisted the staff on identifying skills, job interests, etc. The results from this Survey allowed staff to appropriately match youth to jobs within the private sector. The process of detennining at the point of intake if applicants were eligible for both the Title 11-13 Federal Program and the City of Clearvater's Sunnier Jobs -9- !' Program, increased youth's opportunities to secure a summer job.' The thrust for the Summer 1995 Federal Program was to provide summer training and employment for youth ages 14-16. For older youth full assessments were not required. Information from their applications and a personal telephone call assisted staff in malting appropriate matching on those jobs in the private sector. -10- PRIVATE SECTOR EMPLOYERS The total number of Worksite Agreements with private sector employers was 105 throughout the City of Clearwater. In the Agreement it says that the City and the Contractor will set minimum service parameters, such as number of youth to be served, number of employers to participate, number of hours of pre-employment training for youth/employers. The 1995 Summer Jobs Program was successful. We had participation of 80 local private sector businesses. We had youth working in over 100 different business locations. The following is a list of private sector employers participating in the City of Clearwater Summer Jobs Program. All Season's Produce Alternative Landscapes Big Jim's Bar-B-Que C&C Hair Design Studio Clearwater Centre Condon Meek D&D Automotive Deborah French, MD Drew Village Rehab & Nursing Center Earnest Williams State Farm Ins. Agency Emerald City Executive Mgmt. Information & Tech. Florida Power Corporation Friendly Florist Greater Clearwater Chamber of Commerce Harborside Health Care of Clwtr Ice Cold Auto Air Joe's Fresh Fruit &: Vegetable Market Key Laboratories Lincourt Pharmacy Mail Boxes,Etc. Michael's Morton Plant Mease Hospital Nationwide Auto Body Shop Palm Court Restaurant Perenich &: Carroll, Attorneys Pinellas Insured Presoirt Quality Boat Sales Reconstructive Deritist3y State Farm Insurance -11- Allstate Insurance Company B&T Department Store Bill & Brad's Detail Center Checker's Color Print Corbett Street Pharmacy David Levenreich DPI Quality Paints Dunrite Metal Fabricators Effects International, Inc. Eva's Beauty Box First Service of Pinellas County Fowler Associates Golden Harvest of America Greenwood Apartments Harder Precision Components Interim Personnel John M. Bindeman, DDS Landmark Research International M&J Used Furniture and More Met Life Morton Plant Life Services National Traffic Signs, Inc. Ozzie's Palace of Beauty Parkview Retirement Residence Petland Publix Supermarkets Radisson Suite Resort/Sand Key Snack Shack Stoack & Kleem, A. Stour Enterprise, Inc. Suburban Propane Sunset Pt. Health Care of Clwtr, Symanski & McKnight, P.A. The House of Make Believe The Workbench, Inc. 21st Century Publishing, Inc, Ward's Seafood Westchester Gardens -12 v,q) ¦ Storz 4pthalmics, Inc. Suncoast Automotive Sunset Point Nursing Center The Florida Insurance Center The St, Petersburg Times Thoroughbred Music, Inc. Video Group Distributors Waterford Financial, Inc, PARTICIPANT ORIENTATION AND EMPLOYA131LiTY SKILLS TRAINING The written Agreement between the City of Clearater and the Pinellas Private Industry Council, Inc. required that an orientation and employability classroom training be provided for all youth participating in the Summer Jobs Program. The week of June 12 through June 16, 1995, orientation and employability sessions were scheduled with each participant. The session times were 9:00 to 12:00 a.m. and 1:00 to 4:00 p.m. each day. Before any youth could begin employment, it was mandatory that all youth attended the three hour session for orientation and employability skills classroom training. Orientation for summer youth participants was conducted by WORKFORCE summer staff. Each participant received an orientation packet. The packet included Participant Rights and Responsibilities Policy, a Signature Sheet Verification of receiving orientation, Work Behavior and Attitudes, Sexual Harassment Explanation, Child Labor Laws Explanation, Placement Sheet Explanation, City of Clearwater/W(JRKFORCE staff, Employability Skills and Work Experience Classes, How to Get A Paycheck, How Does Your Check Get Written and When, Monthly Calendar for June, July and August showing timesheet dates and pay days and the last day of the Program. A sample of the orientation packet is available at the Clearwater Workforce Center. Employability skills packet included the following topics: Work Habits: What Is Important to Employers, Practice Good Grooming, Use Time Wisely, Strive For Improvement, Recognizing Poor Work Habits and Their Consequences, Work Habits, Attitude Index, Accepting Orders, Work Habit Inventory, Work Habits Which Lead to Job Hiring, Job Keeping Skills, Proper Behavior and Attitude, Job Retention Skills, Habits That Help. A sample of the employability packet is available at the Clearwater Workforce Center. All youth received information oil WORKFORCE programs, These programs were Paths to Independence classroom training, Computer Learning Lab, Youth Builders of Clearwater. All youth participating in orientation were paid a stipend of $4.25 per hour during the week of June Q-16. The youth had all opportunity to meet with their assigned counselor to ask questions and have their questions answered. The final phase of - 13 - r? the training was that each participant received their Job Placement Sheet. The Placement Sheet included the name of the employer, address and telephone number, name of supervisor and alternate, job title and description, day and time for reporting to work, hourly pay, start date, end date and preferred attire. Based on the number of summer youth participants successfully completing the six weeks of employment, it is evident that the information taught to youth in the orientAion and employability skills training was effective and reduced the number of employers and participants concerns. - 14 Lb VFq) SUMMER EMPLOYMENT June 19 - Total Number of Participants Enrolled: 119 Total Number of Participants Referred to Title 11-B Federal Youth Employment Program: 43 Week 1 of Work - June 19 - June 24 Total Number of Participants at Work: 112 Week 2 of Work - June 26 - June 30 Total Number of Participants at Work: 118 Week 3 of Work - July 3 - July 7 Total Number of Participants at Work: 119 Week 4 of Work - July 10 - July 14 Total Number of Participants at Work: 104 Week 5 of Work - July 17 - July 21 Total Number of Participants at Work: 101 Week 6 of Work - July 24 - July 28 Total Number of Participants at Work: I01 Total Number of Participants Average for the Six Weeks of Employment: 109 Total number of participants beginning work was 112. Ninety-seven percent (97%) completed six weeks of employment, 3% were either terminated because of lack of failure to report to work or had no interest or motivation to work. At the completion of the program, each employer and participant received a Certificate of Appreciation in a cover donated by the Human Resources Department of the City of Clearwater. -15- ...... 1995 PILOT PROGRAM The 1995 Agreement between the City and the Pinellas Private Industry Council recommended a pilot program to be implemented. Twenty percent of the employers were asked to contribute $1.00 per hour toward young wages. Twenty- two companies were recruited. We were only able to reach a final agreement with 14 of the 22 companies. The 14 companies had a total of 16 young. Because of some problems, we were unable to collect the $180.00 during the summer h program. Listed below are the companies that were recruited. Dunrite Metal Fabricators State Farm Insurance Palm Court Restaurant Big Jim's BBQ B&T Dept Store Michael's Condon Meek Insurance Met Life Perenich & Carroll Totally Organized First Services of Pinellas County Dr. Robert Pratt Radisson Suite Resort Dr. Deborah French Emerald City Suburban Propane Starboard Auto Holiday Inn Central Florida Insurance Center Earnest Williams Insurance Ward's Seafood 21st Century Publishing Listed below are some of the companies that had problems and ended up not participating in the program. Palm Court Restaurant - Had changed owners. New owner decided not to participate. Suburban Propane - Unable to match a participant with the job description and duties. Holiday Inn Central - Participant left after working one week. Big .Tim's BBQ - The Summer Youth Counselor misinfonned owners. B&T Dept. Store - Agreed to participate but due to major problems could not participate. -16- (a PSA) EVALUATION REPORT l 1 i . 1, i Parent Pro mm Evaluation of Clearwater Summer Jobs Program Total number of evaluations received were 90 out of 101. Percentage is 89%. Em ]o er Program Evaluation of Clearwater Summer Jobs Program Total number of evaluations received were 84 out of 101. Percentage is 83%. Participant Program Evaluation of Clearwater Summer Jobs Program Total number of evaluations received were 93 out of 101. Percentage is 92%. 4 -17- PARENTIPROGRAM SURVEY Ninety evaluations were received out of 101 which represents 92%. How did you hear about the Clearwater Summer Youth Program? Newspaper=-10 (11%), School=47 (54%), Rec. Center-13 (140/6), Word of Mouth=39 (43%), TV=1 (1%), Other=17 (19%). 2. As the parent, what benefit was the Clearwater Summer Youth Program to your child(ren)? Self-Esteem=49 (541/o), Career Plans=39 (43%), Return to School=21 (23%), Attitude Improvement=38 (42%), Savings/Money Management=62 (69%), Other=12 (13%). 3. What benefit, if any, was the Clearwater Summer Youth Program to your family? School Clothing/Supplies=81 (90%), Family Expenses=30 (330/0), Child Care=2 (2%), Other-16 (18%). 4. If your child had not enrolled in the Clearwater Summer Youth Program, what would they be doing during the summer? Sitting at home=6$ (760/6), Babysitting=20 (22%); Volunteering-- 13 (14%), Getting in trouble=12 (13%), Hanging Out=33 (37%), Other--12 (13%). 5. How do you feel your child(ren) was treated during the program? Good=86 (96%), Fair=6 (6%), Poor- -3 (2%). 6. How do you feel your child(ren) was treated on the job. Goad=82 (91%), Fair=9 (1%), Poor- -2 (2%). - is - (pV0R) ' COMMENTS OF THE PARENT[PROGRAM SURVEY The following comments are listed here for your review. Overall, it appears that the vast majority of parents displayed a high degree of respect and satisfaction on what the program means to their child and household. "I was glad my child was a part of this Program. It gave him a chance to get working experience." "Thanks to Private Industry CouncilAVORKFORCE Clearwater Youth for providing young teenagers with career plans, self-esteem and back to school materials. Strongly recommend this program for youth because it helps them to stay out of trouble and off the streets. Hope this program continues every summer for all youth." "It is a very good program and hope to hear from you next year." "I sincerely hope this program continues. I would not have been able to provide the financial support to my daughter for her needs this year. She had the opportunity to make her own money and manage it herself. It was a blessing to our household. Keep up this very beneficial program!" "I feel that the summer program has helped my children." "It is a good program, without it there could be no other place where people would hire him because he's still young. The pay is good and makes him proud that he has a job during the summer. I wish that the program would be a little longer, other than that I am very satisfied." "1 strongly recommend this program to young teenagers because it keeps them off the streets and out of trouble. Besides, this program helps low income families with young teenagers' demands and back to school requirements. I am very pleased with this program. Thanks to Pinellas Private Industry Council, I hope this program stays on to help young teenagers." "This summer's job location was very good because of Anthony's maior in college. It helped him see and be in the working of a Public Accounting office. Later on, through internship provided by the college, he will get the feel of corporate accounting functions." -19- .... . "I think this is a very good program for youths. It gives them a sense of responsibility. I hope this program continues." "Workforce and the City of Clearwater Summer Job Program is a good program because it keeps the children occupied and gets them ready for the working world and starts them out on what fields they want to be in when finished out of high school." "Everything was great." "Stacey's attitude has greatly improved since she has been working. I've also noticed the other excited and grateful teenagers in our community. The Summer Youth Program is really helping a lot of families in our community. Thank you very much!" "The program was a great experience." "I would like to thank the Commissioners for providing jobs for the children during the summer. This program helps build good self-esteem and it teaches children how to manage money, as well as being responsible and independent. I would like to thank Mr. Donald Rutledge for being so helpful when I talked to him on the phone, after receiving the letter from Workforce for my grandson." "Counselor was very good to him and very helpful. Thank you very much." "This program is a great program! My daughter purchased her own school clothes and supplies. I didn't know how I was going to be able to afford to school shop this year. This opportunity was a blessing for our family. Being a single parent on one income is not easy, but this program helped out a lot this year. I hope it continues." "We appreciate the opportunity to participate in this program." "His Supervisor, Rene, has encouraged him tremendously and gives him lots of knowledge about plants of different kinds." "I think that it was a good job experience that she had to get r.rp and go to work. Also, she was able to buy her own clothes and school shoes. She budgeted her own money and did quite well." "I feel that these types of programs are very important b='ILISC it gives a child a sense of responsibility and a sense of self-worth." -20- L 66A) "I like the idea of the counselors going on the job sites to see how things are going." "I feel this is a great program and should continue every year. This program benefits a lot of youth by giving them a chance in the workforce." "Thank you - it was a very good experience for Joe." "I think this program is very wonderful. It really helped my child out this summer." "I think that the program was a good one. It gave the child a chance to earn his own money and be independent and to see how the parents must get up every morning for work. It helped him earn an honest living,." "I am very glad that Heather went to Video Group. I hope she can go there next year." "I think the program helps the youth to stay out of trouble." "This is a wonderful program, giving kids a chance to experience the working world. Gives them self worth." "This was my son's first paying job and lie enjoyed it and learned a lot. I would like to see the program expanded throughout the year. This program helped me very much, being a single parent. James learned how to save money and lie is able to help buy his own school clothes. Thank you very much for placing him. This program is needed very much for the youth." "Very good program. Hopefully, this program can expand to year round. Putting the youth in the public work place gives them a good opportunity to learn. Thank you for placing tier on a yob where she had an opportunity to learn. This program is needed very much for the youth." "I am extremely happy with this program. The Radisson Hotel where my son worked, treated my son so nicely. This was his first job, so it was a positive experience for all of us. 1 found the orientation good for kids. The interview was very disorganized, as was hying to call Workforce in the beginning." "Peter wishes to thank you for helping hint get a good job this summer. The recommendation lie got from Publlx is extremely valuable to him." -2l - "Thanks for introducing my daughter to an excellent work program and for help with her self esteem and improved good communication with us. Thank you one more time." "Learned to be more responsible, learned the value of money." "This program should last longer, especially since it's a summer program. And you can improve it by making it a year long program. We should always put children first." "I truly feel that the program is an essential part of our communities' future. As for my daughter, she is planning to become a medical surgeon as soon as she has finished with her plans for the Armed Forces. Her placement in the work program not only helps her get ready for her future, but allows her to help out with family financial matters." "I think this is a wonderful program and that it should continue indefinitely. The referral system is a real break for these kids. The rest is up to their performance. vote "Yes" on this one!" "Continue to provide this service for the kids. It was really a good tiling for Amber. She loved it. THANKS." "Charvaun worked with two women that she learned a lot from. They helped her to have confidence in what she was doing by complimenting her often. I think the program is a good one that should be expanded, if at all possible." "I appreciate the Workforce Program because I have a big family and this helped us with school clothes and materials. Thank you very much. Keep up the good work." "This is a great program. I just wish that Michael would have strayed in the program for the computer summer. He is getting to be uncontrollable." "Thank you for letting my kids be in the Workforce program. Keel) up the good work. This really helps in general for school clotities and materials." N believe Mr. Bernard Dixon (B&T Dept. Store) helped my daughter see that she could be a good employee with ideas that matter." "She was very happy to be able to earn her own money and buy her clothes." - 11) La Vega "My son Ruben was treated very, very good and was told by his supervisor that he could return anytime that he was available to work during; this school breaks and will be paid by the company." "I think that this program helps a to of kids to progress in working; skills at a younger age. I hope that you will continue to keep this program going, for a lot of our younger children." "I think this is a very good program for kids and their parents. It keeps them off the streets and out of trouble. And it makes the kids feel good about themselves. Also, it teaches kids about responsibility. Thank you for helping me and my son. I hope he gets to work next year - he's enjoying making his own money." "I enjoyed working with Dr. French and everyone else in the office." "My son really looked forward to working because he felt like lie was the man of the household and he saw what I have to go through as far as taking care of him and the household and the meaning of having a job and responsibility." "The program really helped my child and she enjoyed the j& It kept her busy and not just laying around doing nothing. She got along with the people she worked for. The people she worked for liked her so it really helped her a lot." "I think the program is great, and thanks so much for placing my daughter. It was a big help to both of us." "Make it so more school kids can get into the program." "Everyone was very sweet to her. She was treated like a member of a team, as well as a respectable person." "I feel not only the City of Clearater should be involved, but Pinellas County Government too, along, with many other businesses in participating in opening, up more offices, departments and businesses for children to bet experience in working. Working, earning; their own money and learning the value of money and how to respect others and their properties. These experiences can change the attitudes of kids that they can and will be somebody of value that others can look up to." "1 think this program is a big plus for keeping teenagers busy for the summer and at the same time give them the opportunity to make money." - 2 3 - "I feel this program is important to teenagers. One important thing is it helps them keep busy and doing something they enjoy and at the same time gives them money for the summer. All of my kids are buying their own school clothes this year with the money they make. This is a financial blessing to our family. This also helps motivate them and gives them a sense of responsibility." "I think this is an excellent program for children of low income families. It helps to build the child's self-esteem, motivates them to be responsible and allows them to earn money for school clothes and other items they might not have gotten without this program. This is my son's first year and he loves his job. Please keep this program alive!" "The program was very good and kept my son out of trouble and in line." "I think the program should help the children who are not eligible because there are a lot of kids who want to work but didn't qualify and they too need to learn responsibilities and have some encouragement." "I hope tot enroll Monica in this program next year. It helped leer make up her mind for a career. She loved working at Morton Plant Hospital. It helped her have more respect for people in general." "I think this has been a great experience for my child and I would love for this program to continue." "I thank Mr. Rutledge for contacting me when something came up. My son had been hooking for a job and nothing came up, so we thank the City of Clearwater for standing behind their youth." "The program was very good because it helped me learn new things." "The counselor needed to be on job site more often than once a week to see really what is going on the job." "Sharese is a very hard worker. She is always willing to learn. She felt good when she bought her school clothes and it helped me out a lat." -24- La V ?y R) EMPLOYERlPROGRAM SURVEY Eighty-four were received out of 101 which represents 83%. I.' Did you feel that the participant was well matched with your company and the position lie/she was assigned to: 59=Yes (720/6), 22=No (27%), I=Fair 0 %). 2. Would your company be willing to hire the participant if they were available to work, had an appropriate position available to work and had an appropriate position available? 56=Yes (681/o), 26=No (32%). 3. Do you feel that the counselor assigned to your worksite was easily accessible? 8I=Yes (971/o), O=No (00/o), 1=N/A (1%). 4. Did the counselor respond promptly and effectively to all of your questions and concerns? 78=Yes (931/o), 2=No (20/o), 2 =NIA (2%). 5. Do you feet the counselor made enough visits to the work-site? 77=Yes (94%), 3=No (49/o), I =Did not know (2°/a), 1=N/A (I/o) 6. Would your company be willing to participate in the Clearwater Summer Youth Program next year? 74-Yes (941/6), 4=No (51/6), 2=Maybe (21/16), 2=No Answer (2%) -25- COMMENTS FROM THE EMPLOYERS SURVEY The Employers Survey consisted of two separate questions requiring a comment. Both sets of comments showed their pleasure (7) with the Program. Listed below are the comments on the question, "What benefit was there to your business due to your participation in the Clearater Summer Youth Program? "We were able to do some promotions faster than we would have otherwise. We put together some valuable mailing lists." "We had the pleasure of Carsen's help." "John was able to help organize the office. He also allowed others to concentrate on more complicated tasks as he did the simple jobs." "First completion of special projects having the interns fill in for other personnel allowed us to complete some cross training activities." "Anderson requested to return (he was with us last summer). He was able to help relieve different maintenance personnel and fill in wherever necessary during busy times and vacation." "More work was done with Rheba's help." "During the short period of time we had this person she did help to take some of the work load away from our regular office staff. We were able to accomplish a couple special projects that had been on hold for a while." "We got so much help around the shop plus we hope we can show the participant a little something about the work place and the important about school." "Ability to work with community and assist youth with medical aspirations." "While here, Damen was a good worker, seemed to enjoy work and was very helpful in the day to day of our operation." "lie helped with many clerical duties, and copies, mailouts, data envy on compute and contributed to our promotion going out most of all. lie was a very pleasant guy and a willing worker." -26- (0 v, a, q) "Opportunity to have several projects completed." "The employees helped us get out our large quantity of bulk mail." "Some extra help with filing and child care." "Gave us the opportunity to teach someone how a small business runs. We got some things f nislied that needed to be completed." "The flexibility of having the participants helping when short staff. Also this helped maintain all cooling equipment for the facility." "We learned that young people could do a good job." "With the backlog of filing, Nicole has freed me to work on more in-depth projects." "We enjoy helping out with this program, the participant did a great job and helped al to with the overload of work we had." "Neighborhood exposure to youth market." "Slharell was an asset to our law firm during her stay here. She helped with filing, correspondence and answering the phones. She did very well." "He helped keep the shop area clean and assisted the finish department." "It was great help just to have someone else to answer the phone, also thanks to Valerie most of my files are in order." "With the participation of the Clearwater Summer Youth Program, we were better staffed thereby enabling us to better serve our customers, We were also able to set better ideas as far as what the younger potential customers are looking for." "My benefit was that by giving a young child the advantage to work and get skills in doing a job and-getting to work on time and learning to do various things that will enable her to get a job." "We enjoyed trying to help both young men in our program. Additional manpower at no cost but requires a lot of extra superNrision." "The worker helped keep the place clean and answer phone. It gave me time to do other things such as paperwork," -.27- "Organized, setup appointments, met our customers needs, save complete customer satisfaction. She was great!!" "Being a beauty shop she helped with keeping the place clean and answer the phones. i felt that she was well matched with the clients." "1 was able to get the filing done that was needed, so that the manager could find the paperwork that was needed." "Does my heart good to train and educate a young person." "Sharon was a big help to us, the main benefit was the increased productivity for the rest of the staff because of the tasks she took off of them." "Developing a bridge with younger generation and helped workload. Thanks." "Due to our participation in the youth program our business was able to continue to run smoothly, especially during the periods when the request employee's took time off." "Derrick was an excellent employee, followed directions, took initiative, and was pleasant to tenants and clients. Their qualities allowed us to complete numerous projects that have been delayed." "Assisted getting staff in to work when there were calls offsite. Filled the vacant shift." "Bryce was great. He is bright, intelligent, a fast learner, willing to do whatever is asked, he completed every task given to him accurately in a timely manner. We will truly miss him." "We were able to train people to help out just about anywhere within our store without having to pay for them." "To be honest, not much, the.youths except for one were not interested in learning." "Wish regard to my department, I feel there was no benefit." "Helpful in getting things done that have been let go. Also good fill in when short on staff." "Enabled us to complete several projects." -28- Q v,eK) "Effective and efficient additional staff" "Recognition in the community, an opportunity to take advantage of a program to assist us with our needs, a possibility of recruiting good performers when school is completed." "Assisted in bringing projects current," "Our outside and inside appearance for our business was greatly enlianced." "We were able to reassign some of our effort to some more complex projects while allowing the participant to work on and complete some of our less complex projects." "Intergeneration programs are fabulous and what an added attraction WORKFORCE always is to us! I Thanks for sharing and allowing the youth of today learn how to act around our elderly with respect." "My customers enjoyed Stanley's enthusiasm and eagerness to help. I have a better idea of the kind of person I need to hire permanently. This was a positive experience." "We were able to organize records and discard forms that were out of date; projects that needed doing. Regular employees seldom have the spare time to do these in things. Cina's been lots of help." "Minimal benefit, some minor support services provided." "Teaching young adults a different job vocation." "The benefit of having a young person who interacts well with the elderly residents-they all accepted and loved Calvin-also, lie was a great help to the Activity Dept. carrying out assignments well, lie was always accountable-no absenteeism to tardiness." "Helped offset work load." "Wynetta helped with inputting service orders; answering phones; filing; miscellaneous mail and processing returned Snail items." "There was no benefit to our company from this program this year. We actually lost time and production due to problems with student." .29_ "Able assistance for receptionist/secretary, allow our office to offer job experience." "Gave Golden Harvest a chance to catch up on work." "Extra help we needed was great." "Kaley is very quick to learn, so time is saved by not having to explain things twice. She is very intelligent, works quickly and does the job well. She has helped a great deal by freeing me up to concentrate on the doctor's production." "We had an extra hand in many cases, when we needed one." "The obvious benefit to our facility was the extra sets of hands-we can never have enough time to give individualized attention to our residents and these extra helpers were greatly appreciated!" "Gives us the opportunity to help in the community. Also gives us the chance to get a quality employee." "Allowed us the opportunity to connect with youths interested in working and gave a chance to help mold them into responsible individuals." "Allowed us to help communicate with youth." "Pricing merchandise, making signs with this artistic ability, answering phone, always completed what was asked of him." "Opportunity to provide service to community by helping young people learn business skills." "We got to teach someone what it was like to work in the real world and manage to get some work done that we normally don't have time for." "Great benefit, the girls were an extreme help to its. We've had projects incomplete for months and the girls helped us bring them current.` "Great benefit. The girls were wonderful. They assisted us in projects we have been unable to complete due to our current work load," "Gave us good phone and administrative assistance." -30- pv..k) II "We enjoyed a feeling of community involvement." The comments for the second question, "Please share any comments or suggestions" are listed below; "Our participant did not cause problems and did work when here, She missed quite a few days and was slow. Instead of giving a flat wage, I would recommend minimum wage plus a bonus based on their performance so there is more motivation there." "This young man, Carson, is the best employee we have had since we started participating in the program." "John did an excellent job. He was prompt and dependable. I would love to have him back next year." "Great program - we hope the interns got as much out of this experience as we got out of having them here." "I think Rheba is a very good worker. The only thing she did leave work-'several times to help her family and she was sick a couple of times. She needs to be on time." "We think this program shows the kids work is work and school is a better way to learn a better job opportunity." "Damen was a good worker as I said, although his absences were very disappointment. He has potential which needs development." "Disappointed in educational background of participant. However, she was able to provide us with assistance in some areas." "I suggest that the employer and the counselor discuss in more detail the duties of the positions so the employees are informed of what they will do in the position and are prepared specific tasks." "We needed someone who «ras more experienced and needed less direction and supervision." "If Shari participates next year; we would love to have her back." -31 .. "Would like to have Nicole back again, She's reliable, dependable and conscientious about her work, no matter what the task." "We think this is a great program and the counselor was wonderful at answering any questions. We would love to keep participating in this program if possible." "The youth we had was out sick or with a sick child a lot. Also, had transportation problems. These things should be covered in advance. If someone wants a job, they have to make arrangements to be at work." "This is a great program. I know that Sharrel benefited from it. Keep up the good work!" "The young man did not seem to want to work; poor work habits." "Our participant was not old enough to operate machinery and therefore could not be utilized to his potential. We could have trained him in a lot of areas if he had been able to use machines." "Valorie is an excellent worker; does all jobs quickly and correctly. If I could afford it, I would hire her full time but business is slow during the summer months." "Both of our young men are approximately 14 years old. It would be good if business could talk to people in the program before it started. We need to make sure the young men want to work." "The worker did a great job this year. Thank you very much." "Ernest is a good, well mannered young man but he needs more experience in an office setting. Ernest did a good job on the house inspection program where lie went to the insured home and did a re-inspection." "The 15 year old that worked at my business was the most professional teenager 1 could have ever expected to having working with us. She has been most enjoyable, respectable, organized young lady. She will continue working with us," "I would like very much to participate with the program next summer." "Everything went fine." "Ruben was a great help and wonderful employee and hard working." -32- LoVoi ) "Your program is excellent, benefiting not only the youth of the community but also businesses seeking part-time help. Hopefully we will be able to participate again next year." "I have participated in previous years. 1 find this to be personally rewarding." "I wish the program was longer we have all (at this office) benefited from having Bryce here the last 5 weeks." "Unfortunately the strident did not work out." "Troy was the best employee that we have received in the two years that we have participated in this program." "Young people, somehow need to understand that they are here to learn and work. They did not like to be told what they were to do." "It was difficult keeping him busy for d hours per day in our department." "Clocking in and out at the timeclock would be more accurate means of keeping track of time." "Some of the participants in the program needed to be watched and closer supervised, and fail to do the job to their best ability. Also looked for ways not to do the work!" "Needs more training - clerical skills need a lot of attention." "We are advocates of the program. On 7{14195 we highlighted Shawn Brinson on Florida Law and encouraged other businesses to participate in the program." "Work performance of participant was good however had to follow-up occasionally on whereabouts of individual." "This is our second positive year in a row that we've experienced with the summer youth program. Hopefully it benefits the individual as much as the business benefits." "As always it's been a great session with the youth. Brian and Dallyan were both extremely well behaved and quite mannerly. Men con•ections were needed for job training, the boys were most acceptable." 33 - "Stanley was very helpful and most important interested in the learning of a good landscape and use of appropriate plants. He has a better idea of direction to follow and importance of a full education." "Employer disappointed with participants performance. Employer not willing to participate with the program unless further candidates possess substantially better skills." "I think the program is nice for most young adults." "It's a good program. We were fortunate to get someone like Calvin - he was a great help and never a problem. He has checked into possibly working in another department when he comes of age due to there are no available positions in this department." "We would prefer to have a student that is more compatible with our company and in school or considering school so that we can offer some guidance and skills. We do not want to baby-sitl! We would also like more notice of who our student is so that we have more time to prepare. This year we were informed on a Friday and the student reported on that Monday." "Very nice young lady, very intelligent and willing to undertake new responsibilities." "Nick has been a job to work with looking forward to working with him again soon." "Kaley is very shy and quiet, and just needs to be a little more outgoing, e,g. greeting patients when they come in, otherwise she is working out very well." "Steve works very well. He snows a lot of enthusiasm and makes an effort to help when ever he can." "We feel very fortunate to have had Park-view selected as a site for the program and hope to be so lucky in the future." "Peter will be an asset to any organization as he matures. When he turns 16 we would gladly review his application if lie would like to work with us." "Try to match "interested" kids who want this experience to companies." -34- Cc VOR) "He is very polite, good listener, conscientious and being only 16 years old I was very impressed with his punctuality. I hope he has gained some self confidence in this short time I observed he is a very talented young man." "Bryant is a terrific young man kind and honest, he does not however have the drive and self motivation we feel is necessary for this job." "A better match between participant and position is needed." "The young lady assigned to work at the Patio seemed very well matched to our position. She enjoyed her work and we enjoyed her help. But due to circumstances beyond control of the participant, the counselor or the motel, Cheryl was unable to complete the program." -35- PARTICIPANT PROGRAM SURVEY Ninety-three evaluations were received out of 101 which represents 93%. 1. How did you hear about the Clearwater Summer Youth Program? Newspaper=7 (81/o), Rec. Center=37 (401/6), TV =I (19/6), School=55 (590/6), Word of Mouth=37 (40%), Other-18 (19%). 2. Was the orientation for the program helpful to prepare you for your job? Excellent=54 (58%), Average=37(40%), Poor=2 (2%). 3. Did this program help you to decide to further your education or work skills? Yes=85 (91%), No=8 (91/o). 4. How did you (will you) spend your earnings? Check all that apply: School Clothing/Supplies=72 (77%), Family Expenses=25 (27%), Child Care=2 (2%), Other-24 (26%). 5. What are your plans after you complete the Clearwater Summer Youth Program? Continue Working=36 (39%), Vocational Training=7 (8%), Return to School=73 (780/6), Other--I (1%), No Response=] (1(/1o) 6. What benefits did you get from the program? Work Experience=74 (800/6), Developing Responsibility=42 (45%), Learn Job Skills=67 (72%), Money Management=40 (43%) 7. What would you have done if you weren't participating in the Clearwater Summer Youth Program? Sitting at Home=56 (60%), Sabysitting=22 (24%), Volunteering=l0 (11%), Getting in Trouble=13 (14%), Hanging Out=61 (66%), Working=5 (5%), Other-5 (50/6). 8. How do you feel you were treated by the Clearwater Summer Youth Staff? Good=83 (900/16), Fair-9 (109/6), PoorO (0%), No Response=1 (111/6). 9. How do you feel you were treated on the job? Gobd=71 (76%), Fair--9 (10%), Pool=1 (11/0), Excellent= l (i %), 10. How often did you have contact with your counselor? Once=57 (61 Twice=28 (30%), Three of More=5 (5%), No Response=3 (3%). -36- L° vkp) A COMMENTS FROM THE PARTICIPANT SURVEY The comments section from the participants are listed below. Overall, it appears that the participants displayed a high degree of respect and gratification. "I enjoyed the program and I loved working with Dr. French." "My counselor Tanya is very helpful and she goes out of her way to help me when I'm in need." "I liked the program." "I really enjoyed working with Workforce and 21 st Century Publishing." "Good program." "I would really like to come back to Video Group next summer or sooner." "I think the program was a very good experience." "I like where I was placed because I love music. I think you should place ore kids where they would enjoy their job." "It was nice and I learned a lot." "I learned not only a new job skills but how to also manage money better." I thought the job and program were great." "This program has helped me with the responsibility of working." "This job was a good learning experience and I had fun on my job." "I really enjoyed this progrwh because at least I had money in my pocket and instead of being broke and if anything I would thank you for letting the be part of this prograin this summer." "I had a couple of problems but learned a lot and enjoyed my experiences. I hope to return next year." "I learned a lot working this year and hope to be able to work again next st1mtner." -37- , I like working with Workforce." "I think you should simplify the timesheet for lunch breaks. Please! Thank you." " I enjoyed working with Workforce and plan to do it again." "I think the Clearwater Summer Youth Program really prepared me for the future and taught work experience and keep me out of trouble during the summer." "I liked working at Bayview Gardens and wish to return there next summer." "This was a wonderful experience. I really enjoyed working with Michael's store this summer an he management there is really good to the employees. Mr. Wendell Evans is a great counselor! Thanks a lot." "This was a very good' experience for me. The staff is great." I think, Workforce should last all summer." "Workforce has helped me make decisions about career jobs I would like to major in the future." I needed money and helped my mother and father."" "I liked the program because it shows you good working skills and good habits and a lot of responsibility for me." "I enjoyed working at Symanski &: McKnight because they made me comfortable as well as teaching me things that are pertinent to my goals of getting my MBA. All in all this was a great experience." "M r. Evans has helped me a great deal in improving my job, performance and I would like to thank him." "Working was peace and quiet." "This job has really helped me come fonward to a positive attitude and has given new fob skills." "1 like having my check delivered to me at work and 1 think we should bet the money on Friday instead of Monday so we can spend it over the weekend." - 38 - 0 VM) V "Mr. Evans was very considerate in regards to my situation and I appreciated Having him as a counselor." "This is a good program. It gets youtli from hanging out and puts them in a working environment." "I liked working with the Summer Youth Program and I hope I can work with you ail next year." "I am very upset because of the fact that I went through everything and thinking that I had a job or was going to get one. I told my counselor that I might have to go to summer school save me a job that wanted me to work hours during school term." -39- RECOMMENDATIONS Listed below are recommendations; 1. Any monies returned to the City from the 1995 Summer Program be allocated to the 1996 Summer Program. Reason This extra money will allow us to serve additional youth especially 14 and 15 year olds who are hard to place. 2. By December 1, 1995 the City of Clearwater will notify the Pinellas Private Industry Council on its position of administering the 1996 City of Clearwater Summer Program. Reason Help us to plan and prepare for the marketing and outreach program. 3. We recommend that the Commissioners reconsider allocating funds for an educational/cultural activity. Reason We believe that the experiences gained from such an activity proved to be of a benefit to our young people in exposing them to educational and cultural opportunities outside of the City of Clearwater. 4. We recommend that Commissioners should allocate at least $1,000 for the Recognition Luncheon for employers and participants. Reason That the comments from employers, parents and youth were that the Recognition Luncheon was important and all patties was looking; forward to such an event. I believe that to recognize individuals fora job well done creates a positive relationship throughout our City. 5. We recommend that youth 14 and 15 year olds continue to be paid at a rate of $4.25 per hour. Ages 16-18 receive $5.25 per hour and 19-23 year olds receive $6.25 per hour. -40- LOVOR) i w ? i Reason Many of our older youth have more skills and more responsibility, they can perform many more duties because they are not subject to Child Labor Law restrictions. 6. We recommend for the Summer 1996 that employers, parents and participants surveys are not implemented. Reason We show no noticeable differences in the results. We are recommending that evaluation on the participant performance from employers are completed. 7. The Private Industry Council strongly recommend to our city officials the continuation of funding the 1996 Summer Youth Employment and Training Program. Reason This year Congress has decided to eliminate the necessary funds for youth year-round and summer programs. This action means that many of our young people throughout Pinellas County will not have an opportunity to work and receive a wage that will assist them and their families over the summer months. If you decide to fund the Clearwater Summer Program could mean that Clearwater and St. Petersburg will have the only summer youth employment and training program in this county. - 4 1 - Item # Clearwater City Commission Meeting Date: Agenda Cover Memorandum ri:>t ? ) (. 1•C SUBJECT: Amendments to Code of ordinances pertaining to reclaimed water. RECOMMENDATION/MOTION: Pass Ordinance No. 5940-95 on first reading establishing rates for residential and non-residential reclaimed water service to Island Estates, Memorial Causeway and Clearwater Beach and amending various sections of the Code of Ordinances by referencing reclaimed water service V and that the appropriate officials be authorized to execute same. BACKGROUND: The City currently supplies low pressure reclaimed water service to four customers from the Northeast WPC facility and two customers from the Marshall Street WPC facility. Property served is "open space", for which the customer pays a uniform rate of $13.77 per month per acre of pervious area. Recently, property owners on Island Estates have requested the City, through a petition process, to provide reclaimed water service to their location. This is a logical extension of the reclaimed water system since these customers cannot use shallow wells for irrigation due to their proximity to salt water. Consequently, they rely on the potable water system for lawn irrigation and other non-potable uses. It has been estimated that the use of reclaimed water on Island Estates would decrease the consumption of potable water by 650,000 gallons per day. Additionally, reclaimed water is exempt from existing water restrictions, thereby allowing reclaimed customers to irrigate whenever needed. Ordinance No. 5940-95 provides for reclaimed water rates for single family, duplex, triplex, multi family and open space reclaimed water service on Island Estates, Memorial Causeway and Clearwater Beach. It also revises miscellaneous sections of the Code of ordinances by adding references to reclaimed water, provides definitions and clarifies miscellaneous responsibilities for the city and customers. The Engineering Department has estimated the total cost of providing a high pressure reclaimed water transmission and distribution system to all of Island Estates at $4,162,703. It is anticipated that a grant can be obtained from the Pinellas-Anclote River Basin Board of the Southwest Florida water Management District for $1,645,125. Another $1,000,000 has been designated for this Reviewed by: Originating De t Costs: S NIA Commission Action: Legal ? Pub arks lotal E3 Approved Budget N/ A 11 Approved w/conditions Purchasing NI A 1c1 S NI.A Risk Mgmt. ? A - ' Current Fiscal Yr. ? Denied CIS N/ A User Dept: ? Continued to: ACM Engineering- Finance-Utility Funding Source: other N/ A Customer Service A0 (/ ? Capital imp. ? Operating Advertised; ? Other Attachments: Date: Ordinance No. 5940-95; Paper: Detailed Worksheet ®? N ui t R d eq re o Submitted by: Affected Parties Appropriation Code: ? None ? Notified N/A 1810 Not Required City ag - 2 - project from sale of city-owned property in Hillsborough County. This leaves a balance of $1,517,578 as the customer share of project costs. Based on the attached detailed worksheet, the proposed rates for each service connection provided on Island Estates is: Single family, duplex or triplex (per domestic water account) - $18.00; multi family (per dwelling unit) -- $4.72; open space (per acre of pervious area) - $70.25. To encourage customers to "hook up" to adjacent reclaimed water mains, an "Availability only" charge is also established for customers who do not request connection for available reclaimed water service as follows: Single family, duplex or triplex •- $14.70; multi family - $3.89; open space $39.59. Proposed reclaimed water rates are lower than existing lawn meter rates using potable water except in instances ofextremely low consumption. For example, a single family customer using 1600 cubic feet of reclaimed water each month would save over $26 when compared to current lawn meter charges. Rates are calculated to recover the customer portion of the capital outlay for the reclaimed main extension as well as operating, administrative, billing and maintenance costs. Future reclaimed water service for Memorial Causeway and Clearwater Beach are anticipated to be similar in costs to Island Estates and are included in the proposed rate schedule that will be reviewed annually and revised as necessary. Reclaimed water rates should gradually decrease as more customers come on line,in conjunction with this and future reclaimed main extensions in other areas,of the city and share the capital outlay portion of these extensions with other reclaimed system users. The proposed rates allow customers unlimited consumption of reclaimed water; consequently, no meters will be installed initially. However, they may be required at a later date. Investigations have shown that most new reclaimed water systems do not install`meters until the system demand approaches the available supply. There will also be no connection fee for the city to install its facilities to the point of delivery. Adoption of Ordinance No. 5940--95 is recommended at this time to enable potential customers to know the costs associated with this new service in advance. ff.i.. ORDINANCE NO. 5940-95 ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO UTILITIES AND RECLAIMED WATER; AMENDING ARTICLE I, SECTIONS 32.001. 32.002, 32.061 AND 32.064; AMENDING ARTICLE IX, SECTIONS 32.352, 32.357, 32.359, 32.365, 32.366, 32.373, 32.375, AND 32.380; AND AMENDING APPENDIX A - SCHEDULE OF FEES, RATES AND CHARGES; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section Z. Article I, Section 32.001, Code of Ordinances is amended to read: ARTICLE I. IN GENERAL Sec.'32.001. Unified system. All municipal utility properties real and personal of the city supplying gas, water, wastewater, solid waste service,- ei-id stormwater management and reclaimed water in and to the city and its citizens and inhabitants and users thereof shall be accounted for in accordance with generally accepted accounting principles, and shall be controlled, operated and maintained on a combined and consolidated basis as a single utility system. Separate accounting records shall be maintained for each of the foregoing services in order to determine revenues and operating expenses for each service. Sec. 32.002. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. The word ''shall'' means the statement is mandatory, while the word ''may'' means the statement is advisory. Definitions applicable to this chapter are as follows: Multifamily dwelling means a building in which tour wee or more living units exist. The term includes, but is not limited to, apartments, approved mobile home parks and condominiums. Section 2. Article III. Section 32.061, Code of Ordinances, is amended to read: ARTICLE III. SERVICE AND CHARGES Sec. 32.061. Certain acts prohibited. It shall be unlawful for any person to tap, cut in, connect to or in any way use any line, branch or part of either the water, wastewater, solid waste, gas^ reclaimed water, or stormwater system of the city without first complying with the provisions of this Code. Section 3. Article III. Section 32.064, Code of ordinances, is amended to read: Sec. 32.464. Responsibility for payment. (1) owner. The furnishing of water, gas, wastewater, solid waste., e? stormwater management or reclaimed water services brings a substantial and valuable benefit to the land and premises. The owner of any premises serviced with such services shall be responsible for all utility charges due against the premises, except to the extent that such charges may be incurred by a tenant of the premises who is the customer according to the utility system account records, The payment of such charges shall be a necessary condition to the continuance or inception of utility services to the premises, and failure to pay such charges when billed shall constitute grounds to terminate services to those premises. Unpaid charges for water, wastewater, reclaimed water or gas service, or any combination thereof, shall constitute a lien on all premises served until paid, to the extent authorized by F.S. § 159.17, except as limited by F.S. 9180.135. (2) Tenant. A tenant of any premises serviced with water, gas, wastewater, solid waste,_ er- stormwater management, or reclaimed water services who is the customer according to the utility system account records shall be responsible for all utility charges incurred at the premises. The indebtedness for unpaid utility charges incurred by a tenant at one premises shall be personal to the tenant, and shall transfer and become cumulative to that person at the next or any succeeding.premises occupied by that person and served by the utility system of the city. The amount due or length of time in arrears shall not be affected by relocation of a tenant from one premises to another. Section 4. Article XI, Section 32.352, Code of ordinances is amended to read: ARTICLE IX. RECLAIMED WATER SYSTEM Sec. 32.352. Definitions. -(6)? Duplex means a two family dwelling as defined in Section 35.11. _L7L Dwelling unit means a building or portion thereof W- +64- FAC shall mean the Florida Administrative Code. (9)- Hose bib means a s ecial connection installed and provided b the city at certain 12oint.9- of deliver of reclaimed water that will enable the customer to attach a hose with a customized ada for to use reclaimed water for non-potable purposes. 0.1 10 Industrial/commercial reclaimed water use means reclaimed water that is provided and used by the customer for non-notable-uses other than -irrigation. 11 444- Master control valve shall mean the manually operated valve which controls total reclaimed water flow to the customer's property. 12 -?B+ Meter shall mean a flow measuring device to monitor the total reclaimed water flow to the customer's property. 13 Multi-family means a detached building designed for, -- four or more dwelling units. 14 Open space means a large portion o£ 'mostly- vacant property, measured in acres, for which the city provides reclaimed water on a cost per tenth of an acre of Pervious-area--basis. 15 -P-4 Pervious area means the total property area of a customer, in acres, less the impervious area as computed for stormwater management utility billing purposes, rounded to the nearest tenth of an acre. 16 Point of delivery or service connection means the terminal end of a service line from the public reclaimed water system-at the downstream end of the meter set,- hose bib or-other device installed- and maintained by the city. 17 -(-I9) - PVC pipe shall mean polyvinyl chloride pipe. 18 -(1!) Reclaimed water shall mean water that has received at least secondary treatment with high level disinfection pursuant to Chapter 17-614, FAC. 19 -(!2) Service line shall mean that conduit to convey reclaimed water from the distribution main to the customer's property line. 2Q 21 -(4:3)- Transmission main shall mean a conduit that conveys reclaimed water from the treatment plant to a booster pumping station or a trunk main. 22 Triplex means _a three family dwelling as defined in Section 35.11. 23 (!4) Trunk main shall mean a conduit that conveys reclaimed water from the booster pumping station or transmission main to a distribution main. 3 Section $. Article IX., Section 32.357, Code of ordinances is amended to read: Sec. 32.357. Public easement requirements. No reclaimed water main faell appurtenanees shall be constructed, installed, or accepted by the city for maintenance unless they are located in public rights-of--way or public easements suitable for such purpose. Any new easement shall be adequately sized to accommodate the construction, installation, and maintenance of any reclaimed water system component. No obstruction of whatever kind shall be planted, built, or otherwise created within the limits of the easement or right--of- way without written permission of the director. Section 6. Article.IX, Section 32.359, Code of ordinances, is amended to read: See. 32.359. Identification. All pipes and ground level or above abe e g_ d appurtenances accepted into existing systems shall be adequately identified by color according to which system it is being added. Coloration standards shall be as specified by the public works department. Section 7. Article IX, Section 32.365, Code of ordinances, is amended to read: Sec. 32.365. Maintenance by the customer. The property owner and the customer shall be responsible for the proper connection to and maintenance of all irrigation lines or end appurtenances downstream of the city's point of delivery site-ff valver on property served by the city. The city reserves the right to disconnect service to any property on which an irrigation system or other user system of reclaimed water is not properly maintained. In addition, should the customer require reclaimed water at different pressures, or different quality, or in any way different from that normally supplied by the city, the customer shall be responsible for the necessary devices to make these adjustments; provided, however, that such devices shall require the prior approval of the director. Section 8. Article IX, Section 32.366, Code of ordinances is amended to read: Sec. 32.366 Tapping and connection. Delinquent aceounts, (1) Authority to perform: title to property_._ Tapping- of all existing reclaimed water _mains _and installation of service lines from the mains to the service connection shall be done by the city.Title to all service lines-from the main to the service connection is- vested in the city- and the same shall at all times„ be the sole ]rop,erty_ of-the city,and_ shall not be 4 s-r• it at any time. The customer shall. crive to the city the ae a precondition of receiving reclaimed water service from the city. -CZ_ Furnishing a ui ment• charge. The cit shall furnish and install equipment for reclaimed water serviced and may charge for such furnishing and installation accordin to a schedule of when applying for service. (3 Shutoff valve. Every service line shall be provided by the customer with an easily accessible and fully protected shutoff valve on the discharge side of-the service connection., (4)_ Liability for escaping--water. The city shall not be the outlet side of the service connection. 1-51 city's service line and shall continue thereafter unless disconnected for non- a ent or other cause or until written notice is iven the city b the customer to terminate the service. . Section 9. Article 1X, Section 32.373, Code of Ordinances, is amended to read: Sec. 32.373. Se iee appli_atie _ r___=eluisitei- Customer responsibility. (1) suitable -_igatien system. Any irrigation system provided by the customer shall consist of an underground system with permanently placed sprinkle devices or below ground hose bibs contained in a locked valve box. No system with a cross- connection to the potable water system shall be approved for connection to the reclaimed water system. Temporary systems shall not be approved for connection. The systems shall not include devices, above ground faucets, or other connections that could permit the reclaimed water to be used for any purpose other than irrigation unless such uses and systems have been approved in writing by the director. 5 (2) All new irrigation systems constructed in areas where the city has determined to make reclaimed water available shall require a permit and shall be constructed in accordance with the specifications and regulations established by the director. The owner shall provide the city with a schematic drawing of the irrigation system. ,C3l Reclaimed water service lines to-single family customers may include a special hose bib connection installed b the city downstream of the master valve and below ground in a meter box. The customer shall assure that any consumption from the hose bib is used for non-potable purposes. The director, shall determine a ro riate non-potable uses for reclaimed water. Section 10. Article IX, Section 32.375, Code of ordinances, is amended to read: Sec. 32.375. Cross-connection control. (1) In all premises where reclaimed water service is provided, the public or private potable water supply shall be protected by a an appL-e cross-connection control assembly. All devices and materials for cross-connection control shall be provided and installed by the city, and shall remain the property of the city. Where any cross-connection is found, it shall be disconnected. Before reconnection of that service, the public potable water system shall be,protected against the possibility of future cross-connections, and additional backflow prevention devices may be required as specified by the director and installed at the customer's expense. Section 11. Article IX, Section 32.380, Code of Ordinances, is created to read: Sec. 32_._380. Availability charge. The utility account of any improved property, adjacent to a sufficiently sized reclaimed water distribution main shall include a monthly availability charge to alleviate the capital, outlay of extending accessibility to the reclaimed water system. Cost of the availability charge shall be determined by the director or city engineer. Upon application for and connection to the reclaimed water system, the availability charcte shall cease. Section 12. Appendix A - Schedule of Fees, Rates and Charges, Code of Ordinances, is amended to read: APPENDIX A SCHEDULE OF FEES, RATES AND CHARGES* UTILITIES: Deposits, fees, charges and rate schedules. 6 (1) Generally. The public works department will furnish and install water or reclaimed water service connections where available) and tap the mains, as well as provide seli-d-waste wastewater collection and stormwater management services, and the solid waste department will provide solid waste collection for residential, commercial, business and other purposes. The City will charge: for such service connections, and installation or solid waste collection according to a schedule of fees to be established by ordinance, in the form of an amendment to this appendix. All charges to the premises shall be made and shall be payable according to the schedule at the time application is made, whether or not an amending ordinance has been codified in this appendix at the time of the application. (b) Reclaimed water system connection fee: 1. Standard connection assembly (tap, service line, valve, and hose bib x when required, a-nd- installed at the oint of connection preperty line), to be furnished and installed by the city: No _chargelabor. 3. When backflow prevention devise on potable water supply is required: As established in A endix A to this Code. materials. (f) Reclaimed water rates. The uniform rate -€er the use er availability e the-ree-l reelaimed water system shall as defined-in Sew en 32.362. This raee shall be wateie systern in a fair and equitable manner. The monthly rate for the use or_availability _of-use of the reclaimed water system-shall be as follows:, Avail- Each Service ability Connection Oar Provided 1. Single Family, Duplex or Triplex 14.70 18.00 (per domestic water account`_ however if a duplex or triplex-has separate domestic water accounts for each-dwelling unit then the appropriate charge shall be divided equally among each account 7 ljw:,. 2.. Multi. Family er dw llin unit not to exceed the o en s ace rate 12er acre a the site) 3. Commercial Industrial - Metered *Rate to be determined by, Public Works Director or City Engineer 3.89 4. O en Space (per acre of " envious area", as defined in Section 32.352? a. Service on Mainland, b. Service on Island Estates, Memorial Causeway, and Clearwater Beach 4.72 13.77 39.89 70.25 5. These rates shall be reviewed annually and revised as necessary to recover the ca ital outlay, operating, administrative. billing and maintenance costs of the reclaimed water system in a fair and equitable__ manner. 6. These are on oin charges. If the account is laced in a dormant Section This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: .Cohn Carassas Assistant City Attorney Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 8 a? 4- CL 0 L CL T 4- t. Q T c? a tv c a3 C13 U -p T3 d ? ?. a V LL O c koU 0 o ZR o O o co O O o69 U O a.." C ? C O cd U O a? LL o3: 7 U) C*] O LA 0 a0 ti ?-' L = O N ti C3 N ; C? OO 4 211 co T- , * 0 ; n N ti (D } ,- LL w= c o • 0 C 0 , -- Il ' U 4 U O cts d to "? += fA {fl = 0 0 O h-• LL 6% O c o M a) m M o O o O m M 114, m ¢ U •E m 0 E 0 o 0 ca : ..., •? In cD +• 'et 19t Cl fY o0 4 T ? 1N 1 l N O a: LiJ ?y 1 4-. T- et LL. - . + •. to CO O O a) 4A U v a) LL. O cn ? *- in c O rn • o LO LO O LO N ?• *" N U ai U o LO N O O a) U w M ? O U +r • Ly C7 N uj O 0 r- N cd Q E O h - 6O O ctf N Cn co E_ 0 ,d 0 0 03 t V3 U N C6 cc T ? c O d'? p U to C tli ca LL ' CL Cl. o O O r U O co N N W 'h vJ ? V ( " W C O Q O U U) C ¢ w U U ? 2 m U ? m (D •.-» O Q = U a.. cd L :r W L .) CL F- ir 4) L) U c a) U U O a O U W (L E w O cr E >, ? O J cc O a a ? O c ? CL > O Q ca o ? Q„ U J W U to o LL Cl) c OC w CD V ? ? U O N V ? ul ~ o cd Z W o od U g ? E E 4 L Z M = o o Q Z „ o O - a •^ 0 u' +, N L U Z ? w U I o a- u) (L U ? s ) n ? 3 3 . S ' • ,+ , . . A I E C •?. a .. ? ? ? ? ? .. ?, ? ? ?. ' S DATE a.. TE #i F 97? «. Item N c? CLEARWATER CITY COMMISSION Meeting Date Agenda Cover Memorandum SUBJECT: Purchase of real property. RECOMMENDATION/MOTION: Approve a contract to purchase real property located at 128 North Osceola Avenue from the Greater Clearwater Chamber of Commerce, legally described as a portion of Section 16, Township 29 South, Range 15 East, as more particularly described in Exhibit "A" of the contract, for $300,000, and pay related transaction costs including environmental audit, boundary survey and recording fees maximally estimated at $5,250, for an estimated total cost of $305,250, and approve a lease--back of the property to the Chamber for up to twelve (12) months for total rent of $1.00, ® and that the appropriate officials be authorized to execute same. BACKGROUND: In the city commission meeting of June 1, 1995, Commissioner Johnson moved to offer a maximum of $300,000 to the Greater Clearwater Chamber of Commerce ("Chamber") for its headquarters property. The motion was duly seconded and carried unanimously. Chamber officials have executed a standard City of Clearwater purchase contract that provides, among other conditions, the following stipulations: ? The entire contract is subject to City Commission approval, with the exception of the purchase price, which has previously been approved. ? Closing the transaction is contingent upon the Chamber simultaneously closing its contract with Barnett Bank to purchase property at 1130 Cleveland St. ? The City will have 30 days to conduct its "due diligence" investigations, and approve the results of such investigations. ? Closing shall not occur sooner than December 8, 1995, nor later than December 29, 1995. ? The Chamber shall retain occupancy of the premises for up to one year following closing for total rent of $1.00 under the Lease Agreement made a part of the purchase contract and attached thereto as Exhibit "B". (continued) Reviewed by-. Originating Dept. Costs: E305.250 Legal L Engineering = - -- (Current FY) $305,250 Budget User Dept. Funding Source: Purchasing NIA i City Manager Risk Mgmt. N/A is _ N/A Advertised: Date: Capt. Imp. X Commission Action Approved Approved w/conditions Denied Cont'd to operating other ACM ENG. I OTHER N/A t CofCAgr.Agn City M Paper: Not required X Affected parties notified Not required X Appropriation Codo(s) = Attachments: Purchase contract with Lease 315-94746-560100.519-000 = Agreement and Exhibits "A", "B" and +10 attached. Page 2 Chamber of Commerce Purchase The lease requires the City to provide the Chamber with not less than 180 days notice to vacate if the property'is required for municipal purposes. It further provides the Chamber may terminate the lease upon 30 days notice to the city. These stipulations are incorporated in the lease in consideration of extensive remodeling the Chamber will undertake prior to occupying the property at 1130 Cleveland Street. A first quarter budget amendment will provide for the transfer of ' $305, 250 of the unappropriated retained earnings of the general fund to establish capital project 315-94746 for this purchase. r+ 'A CONTRACT FOR PURCHASE OF REAL PROPERTY BY ?r THE CITY OF CLEARWATER, FLORIDA f' ' A. " . j PARTIES; GREATER CLEARWATER CHAMBER OF COMMERCE, INC., a not-for-profit corporation organized •?J;' and existing under the lawn of the State of Florida (hurol•n "Seller"), of 128 North Osceola + Avenue, Clearwater, Florida 34615, Phnnet (813) 461-0011, and the CITY OF CLEARWATER, ?,.?• FLORIDA, a Municipal Corporation of the State of Florida (heroin "Buyer" or "City") of P. 0. ' Box 4748, Clearwater, Florida 34618-4748, ATTENTIONS City manager, Phonot (813) 462-6700 (collectively "Parties") hereby agree that the Seller shall sell and Buyer shall buy the " " " ) and personal property ( Personalty ) (collectively following real property ("Real Property "Property") upon the following terms and conditions. THE "ErrECTIVE DATE" OF THIS CONTRACT IS THE DATE OF EXECUTION BY DULY ' i AUTHORIZED CITY OFFICIALS. TIME IS OF THE ESSENCE IN THIS CONTRACT. 3=` +. ; Time periods of 5 days or less shall be computed without including Saturday, Sunday, or national legal holidays and any time period ending on a Saturday, r• 'l Sunday or national legal holiday shall be extended until SeOO P.H. of the F next business day. r° , {• tea, ? r' 1. PROPERTY-DESCRIPTION ' + >j•i LEGAL DESCRIPTIONS An per EXHIBIT "A" attached hereto and made a part hereof. STREET ADDRESS (City/Zip/Stato)t 128 North Osceola Avenue, Clearwater, Florida 34615 S; •a PERSOIIALTYt NONE to be conveyed. . ' ; • 2. EULL C PRICE ............................................. $ 300,000.00 i 3. HANKER of EA nJENTi City of Clearwater check in U.S. funds at time ` i.' of Closing ................................... 5 300,000.00 ? f Jr'.' 4. TIRE FOR ACCEPTANCE; APPROVALS I `. t;+ Following execution of thin contract by Seller, the price, terms and conditions an , contained herein shall remain unchanged and be held unconditionally open for a period of 45 v days following delivery in duplicate original to Earl Barrett, Real Estate Services Manager J of the City of Clearwater for acceptance and approval of all of the covenants contained herein, with the exception of the Purchase Price, which has boon previously approved and ' i,• authorised by the city commission, or rejection by action of the Clearwater City Commission ("commission"). If this agreement In accepted and approved by the commission, It will be executed by duly authorized City officials and delivered to Buyer within 10 days thereafter. If written notice of acceptance is not timely delivered to the Seller, this contract may be ; declared null and void in all renpocts by Seller upon delivery of written notice to the City Manager. If this contract in rejected by the commission upon initial presentation to the t Commission, thin contract shall be null and void in all respects and Buyer shall be no "• informed in writing within 5 days of such action. 5. TITLE Seller warrants legal capacity to and shall convey marketable title to the property by Statutory Warranty, Trustos's, Personal Ropresentativo's or Guardian's Deed, as appropriate to the status of Seller, subject only to matters contained in Paragraph 6 acceptable to Buyer. Otherwise title shall be free of liens, oanomento and encumbrances of record or known to Seller, but subject to property taxes for the year of closingl covenants, restrictions and ' public utility easemonts of record] and (other matters which title will be subject) NO ` OTHERS; Seller warrants and represents that there in ingress and agrees to the heal Property. Personalty shall, at Buyer rnquoat, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided heroin. 6. TITLE-,EVIDENCE Seller shall, at Seller expense and within 15 days prior to cloning date deliver to Buyer ; a title insurance commitment issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications net forth in this Contract, and thous which shall ;. be discharged by Seller at or before closing. Seller shall convey a marketable title subject ' ' only to liana, encumbrances, exceptions or qualifications ant forth in this Contract. . • marketable title shall be determined according to applicable Title Standards adopted by The ' Florida Bar and In accordance with law. Buyer shall have 5 days from receiving evidence of title to examine it. If title is found defective, Buyer uhall, within 3 days thereafter, ' notify Seller in writing specifying defect(s). If thu dofoct(s) render title unmarketable, Seller will have 120 dayn from receipt of notice within which to remove the defect(a), ' failing which Buyer uhall have t)Se option of either accepting the title as it then in or I j. withdrawing from thin Contract. Sailerwill, if title in found unmarketable, make diligent effort to correct defoct(e) in title within the time provided therefor, including the bringing of necessary suits. Buyer shall accept title subject to the rights of reverter ' ' contained in that certain dead from Buyer to Seller dated December 31, 1963 and recorded on February 7, 1964 in Official Records Book 1862, Pages 407 through 409 of the Public Records ' of Pinellas Couuty, Florida. • Pagu 1 of 5 i 1 . ' 7. SURVEY 4 Buyer, at Buyer's expanse, within time allowed to dallvor evidence of title and to examine same, may have Real Property surveyad and certified to the Buyer, Seller and closing agent I by a registered Florida land surveyor. If survey shows'any encroachment on Real Property, or that improvements located on Real Property encroach on setback lines, casements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title defect. The survey shall be performed to ' minimum technical standards of Chapter 61417-6, Florida Administrative Code and may include a description of the property under the Florida Coordinate System as defined in chapter 117, Florida Statutes. 1 i . i 8. O DCSTROYINO ORGANISH INSPECTION oas o a s ¦m" a arthropod er plant life which may damage the e p. JlFu14lY2,_?s_definad_in_1".5, 482.D21(261. Buyer may, at Buyer's expense, have V e Property inspected by a Florida-licansod pent control business to determine the presence n the improvements of past or present Infootation and damage caused by infestation. Sellori4hall have 5 days after receipt of Buyer's written report to obtain repair estimates from,a licensed building or general contractor, and treatment estimate from a licensed peat control business. Seller shall treat and repair the Property if the cost to do no does not exceed 31 of the purchase price ("Treatment/Repair Limit-). If the cost of treatment and repair exceeds the Treatment/Repair Limit, either } party may elect to pay the excess, in which event the Buyer shall receive a credit at closing equal to 31 of the purchase price, failing which, either party may torminate this contract. If there Is no evidence of live infestation and the Property is covered by a full treatment ;. warranty, Seller shall transfer the warranty to Buyer at closing and shall not be obligated to treat the Property. 9. CLOSING PLACE AND D j (x) Seller ( ) Buyer shall designate closing agent and this transaction shall be closed t in the offices of the designated closing agent in Pinellas County, Florida. Seller obligation to close is contingent upon Seller being able to close the transaction described herein simultaneous with the closing of the purchase by Seller of the Barnett Bank property described in Exhibit "D" attached hereto; but in no event sooner than December 8, 1995. Should the transaction between the Seller and Barnett Bank fail to close for any reason, upon written notice to the city, Seller may terminate this contract and be relieved of any further obligations hereunder. In no event shall this transaction close sooner than 30 days after the effective date, nor later than December 29, 1995, except that if either party is unable to comply with any provision of this contract within the time allowed, and be prepared to clone an net forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to 30 days without effect upon any other term, covenant or condition contained in this contract. 10. CLOSING DOCUMENTS Seller shall furnish dead, bill of sale (if applicable), mechanic's lion affidavit, asaignments of leases, tenant and mortgage estoppel letters, and corrective instruments. If Seller is a corporation, Seller shall deliver a resolution of Ito Board of Directors authorising the sale and delivery of the deed and certification by the corporate Secretary certifying the resolution and setting forth facts showing the conveyance conforms with the requirements of local law. Seller shall furnish closing statement. 11. gLogING S 'r `A • ?J t . ,. 'r c* Jo Documentary stamps on the dead, unions thin transaction is exempt under Chapter 201.24, Florida Statutes, shall be paid by the Seller. Boller shall also pay the costa of recording any corrective Instruments. Recordation of the deed shall be paid by Buyer. t' 12. PR4R8TIGNS: CREDITS Taxes, assessments, rent (if any) and other revenue of the Property shall be prorated through the day before closing. closing agent shall collect all ad valorem taxes uncollected but due through day prior to closing and deliver same to the Pinellas County Tax Collector with notification to thereafter exempt the Property from taxation as provided in Chapter _ 196.012(6), Florida Statutes. If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being made for improvements and exemptions. Any deposits held by Seller in trust for third parties i in occupancy of the Property shall be credited to Buyer at time of closing. Aesosaments for any improvements that are substantially complete at time of closing shall be paid in full by Seller. 13. OCCUEMgY . Seller warrants that there are no parties in occupancy other than the Seiler, or as i otherwise disclosed herein. If Property is Intended to be rentod or occupied beyond closing, the fact and terms thereof shall be stated heroin (Soo Exhibit "B" ("LEASE AGREEMENT") having ; a Commencement Data contingent upon and simultaneous with date of cloning this transaction) attached hereto and by this reference made a part hereof). Seller agrees to deliver occupancy of the Property at time of cloning unless otherwise stated heroin. If occupancy is to be delivered before closing; Buyer ansumon all risk of lone to Property from date of T occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in its existing conditions as of the time of taking occupancy unleau otherwise stated herein or In separate writing. Page 2 of 5 i 14. "Aar.2 seller shall, not Leon than 15 days before cloning, furnish to Buyer copies of all written leaves and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original loasea to Buyer and credit Buyer with all advanced rents and security deposits paid by or on behalf of each tenant. 15. p$OPERTY CONDITION Seller shall deliver the Property to Buyer at time of cloning in Ito present "an is" condition, ordinary wear and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Seller makes no warranties other than an disclosed r- herein in Paragraph 22 ("SELLER WARRANTIES") and marketability of title. Buyer's covenant to purchase the Property an in" in more specifically represented in either a, subparagraph a. or b. as marked (8J. a. ( ) As Ise Buyer has inspected the Property or waives any right to inspect and accepts the Property in its present "an is" condition. b. (xZ An Is With Right of Inspections Buyer may, at Buyer expense and within 30 days from Effective Date ("Inspection Period,"), conduct inspections, teats, environmental and any other investigations of the Property Buyer dooms necessary to determine suitability for Buyer's intended use. Seller shall grant reanonable access to the Property to Buyer, Ito agents, contractors and ansigns for the purposes of conducting the inspections provided, however, that all such persons enter the Property and conduct the inspections and investigations at their own rink. Seller will, upon reasonable notice, provide utilities services as may be required for Buyer's inspections and investigations. Buyer shall not engage in any activity that could result In a mechanics lion being filed'against the Property without Seller's prior written consent. Buyer may terminate thin contract by written notice to Seller prior to expiration of the Inspection Period if the inspectiona and/or investigations reveal conditions which are reasonably unsatiefactory to Buyer, unless seller elects to repair or otherwise remedy such conditions to Buyer satisfaction; or Buyer, at Its option, may elect ' to accept a credit at cloning of the total estimated repair costs an determined by a licensed general contractor of Buyor'a selection and expense. If thin transaction does not clone, Buyer agrees, at Buyer expense, to repair all damages to the Property resulting from the inspections and investigations and return the ' s.. Property to its present condition. 16. WALK-THROUGH INSPEGISOU rte, At a time mutually agreeable between the parties, but not later than the day prior to closing, Buyer may conduct a final "walk-through" inspection of the Property to determine compliance with any Buyer obligations under Paragraphs B and 15 and to insure that all Property in in and on the promieea. No now issues may be raised an a'reault of the walk- through. s? 17. SELLER HELD UAMJ§V i Buyer is self insured, and subject to the limits and restrictions of the Florida Sovereign immunity statute, F.S. 758.28, agrees to indemnify and hold harmlean the Seller .F. from claims of injury to persona or property during the inspections and investigationo described in Paragraph 16(b) resulting from Buyer's own negligence only, or that of its ,•; employees or agents only, subject to the limits and restrictions of the sovereign immunity statute. 18. RISK OF LOSS If the Property is damaged by fire or other casualty before closing and cost of .;, restoration does not exceed 10% of the anoeeoud valuation of the Property no damaged, coot of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the ;f terms of this contract with restoration conto escrowed at cloning. If the cost of •? restoration exceeds 101k of the anneesod valuation of the Improvements no damaged, Buyer shall `•' have the option of either taking the Property "as in", together with either the 10% or any insurance proceeds payable by virtue of such loss or damage, or of canceling thin contract, 19. J!BOCEE08 OF SALE: CLOSINO PROCEQUH The dead shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by Sollar's attorney or by such other mutually acceptable escrow agent for a period 3! of not longer than 5 days from and after closing, during which time evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last title evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer shall, within the 5 day period, notify the Seller in writing of the defect and seller shall have 30 days from the date of reculpt of such notification to cure the defect. If Seller falls to timely cure the defect, all funds paid by or on behalf of the Buyer shall, upon written demand made v , Y .j a page 3 of 5 by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such ! repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to Seller by special warranty dead. If Buyer failo to make timely demand for refund, Buyer shall take title "a¦ is", waiving all rights against Seller as to any Intervening defect except an may be available to Buyer by virtue of warranties contained in the dead. The escrow and closing procedure required by this provision may be waived if title agent insures adverse matters I pursuant to section 627.7841, P.S. (1987), as amended. t 20- RUAT If this transaction is not closed due to any default or failure on the part of the Seller, other than to make the title marketable after diligent effort, Buyer may soak specific performance or unilaterly cancel this agreement upon giving written notice to Seller. If thin transaction is not cloned due to any default or failure on the part of the Buyer, Seller may seek specific performance. If a Broker is owed a brokerage fee regarding this transaction, the defaulting party shall be liable for ouch fee. 21. SELLER WARRANTIES Seller warrants that there are no facto known to Seller that would materially effect the value of the Property, or which would be detrimental to the Property, or which would effect Buyer's desire to purchase the property except as follows: 140HE f i Buyer shall have the number of days granted in Paragraph 15(b) above ("Inspection Period") j to investigate said matters as disclosed by the Seller, and shall notify Seller in writing } whether Buyer will close on thin contract notwithstanding said matters, or whether Buyer shall elect to cancel this contract. If Buyer fails to so notify Seller within said time period, Buyer shall be deemed to have waived any objection to the disclosed matters and shall have the obligation to close on the contract. 22. H$DON GAS NOTIFICATION In accordance with provisions of Section 404.056(8), Florida Statutes (1989), as amended, Buyer is hereby informed as followa: i RP.DON GAS: Radon Is a naturAlly occurring radioactive gas that, when it ! has accumulated In a building In sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have boon found In buildings in Florida. Additional information regarding radon and radon tenting may be obtained from your county public health unit. 23. CONTRACT NOT RECORDABLE: PERSONS BOU14D Neither thin contract nor any notice of it shall be recorded in any public records. Thin contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gander shall include all. 24. All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Nail, properly otampsd and addressed to the respective party to be notified, including the parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the behest of the parties to satisfy all terms and conditiona of this contract. This contract (I:] In not assignable ( ] in assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or plural. This contract in binding upon Buyer, Seller, } and their heirs, personal repro nontativos, oucceueore and cosigns (if assignment is permitted). 26. ATTORNB] F6[SS: COSTS In any litigation arising out of thin contract, the pruvailing party shall be entitled to recover reasonable attorney•e fool and caste. 27. TYPEWRITTCN OR HANDWRITTEN--PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 28. NO DROKER Seller and buyer represent and agree they have dealt with no Broker or finder in connection with the transactions contemplated hureby. Seller and Buyor further agree to indemnify the other from any damage, liability or expense either may ouffor as a result of any claim of a Brokor or finder with wh6m it is determined that the other party has dealt {,' with in contravention of thin agruomentl except, however, that total City obligations under r this provision shall be subject to the limits and restrictions of the Florida sovereign 4 immunity statute, F.S. 768.28. 29. AFFECT OF PARTIAL INVALIDITY Tito invalidity of any provision of thin contract will not and shall not be doomed to uffect the validity of any other provision. In the avant that any provision of'thlo contract is held to be invalid, the partiua agree that the romalning provisions shall be deemed to bo 4 of 5 i 1 F i r i In full force and affect as if they had boon executed by both partied subsequent to the expungsment of the invalid provision. 30. It is agreed by and between the parties hereto that thin contract shall be governed by, construed, and enforced in accordance with the lawn of the State of Florida. i 31. COUHTZ,RPARTSt TACSINILE COPY This contract may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. A facsimile copy of i this contract, including any addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be deemed an original. i 31. SPECIAL CLAUSES (I] Not applicable, QB ( An Addendum containing special claunan that constitute agreements and covenants between the parties is attached to and a part of thin contract. When any spacial clause in the Addendum is in conflict with any provision contained elsewhere in this contract, then the special clause shall govern. 33. SELLER_TO_RETAIN OCCUPANCY Seiler shall retain possbssion and occupancy following cloning of the property described herein pursuant to the Lease Agreement attached hereto an Exhibit "B". 36. EXHIBITS ATTACKER Exhibit "A" (Legal Description), Exhibit "B" (LEASE AGREEMENT) AND Exhibit "C" (Locator Map) are attached hereto and made a part of this contract. 33. ENTIRE,AOREEt(j,NT Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the parties, shall supersede any and all prior and contemporaneous written and oral promises, representations or conditions in respect' thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made in tills agreement shall only be valid when exprensed in writing, acknowledged by the parties and incorporated herein or attached hereto. THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN APPROPRIATE'PROFESSIONAL FOR LEGAL, TAX, ENVIRONMENTAL AND OTHER SPECIALIZED ADVICE PRIOR TO SIGNING. SELLERt GREATER CLEARWATER CHAMBER , OF COMHERCE, INC. X12 -A 12 C ntsrsi neds [[}} MrAlvt By: Ann Wilkins Duncan Peter Wao am Chairman of the Board Secretary APPROVED AND ACCEPTED this day of Counternignedt Rita Garvey, Mayor-Comm se oner Approved as to form and legal sufficiencyt John C. Carannan Assistant City Attorney 5 of 5 , 1995. CITY OF CLEARWATER, FLORIDA Byt Elizabeth M. Deptu a, City Manager ATTESTt Cynthia E. Gou eau, city Clark r s 1 • j. 1 t . f s I r l i Y ` EXIHBIT "A" (Legal Description - 128 N. Osceola Avenue) A PORTION OF THE NORTHWEST 4 OF THE NORTHEAST 4 OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF SECTION 16 TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, RUN THENCE SOUTH 88°58140" WEST, ALONG THE NORTH LINE OF SAID SECTION 16, 1,733.36 FEET, MORE OR LESS, TO A POINT OF INTERSEC'T'ION WITH THE WEST RIGHT OF WAY LINE OF NORTH OSCEOLA AVENUE AS IT PRESENTLY EXISTS IN CLEARWATER, FLORIDA; RUN THENCE SOUTH 00016117" EAST ALONG THE WEST RIGHT OF WAY LINE OF NORTH OSCEOLA AVENUE, 50 FEET FOR A POINT OF BEGINNING; FROM SAID POINT OF BEGINNING RUN THENCE SOUTH 0001611711 EAST ALONG THE WEST RIGHT OF WAY LINE OF NORTH OSCEOLA AVENUE, 100 FEET; RUN THENCE SOUTH 88058k40" WEST, 200 FEE'T'; RUN THENCE NORTH 00°16117" WEST, 100 FEET; RUN THENCE NORTH 88°58140" EAST, 200 FEET TO THE POINT OF BEGINNING. Containing 20,000 square feet, more or less; together with all improvements, appurtenances and attachments thereto, thereon and therein. E j m3lrr =, I3„ LEASE AG11El'EMENT GRIC1 XI'M CLEARWA,rER CHAMBER OIL COMMERCE THIS LEASE AGREEMENT is made land entered , 199 , by and bet??gp the CI'.PY Florida Municipality, herein called. he "Lessor", CHAMBER OF COMMERCE, a non--profit membership Section 265.32, Florida Statutes, herein called into this day of OF CLEARWATER, FLORIDA, a and the GREATER CLEARWATER organization formed under the "Lessee" or "Chamber". i. This agreement represents the whole and entire agreement between Lessor and Lessee and the following articles and sections are herein incorporated: ARTICLES Article I. TITLE. Article II. TERM Article III. LEASEHOLD Article IV. RIGHTS AND RESPONSIBILITIES Section 1. Use of Premises Section 2. Maintenance of Premises Section 3. Repair and Improvements Section 4. Utilities , Section 5. Quiet Enjoyment Article V. LEASE RENTAL FEES AND PAYMENTS Article VI. TAXES Article VII. INSURANCE Section 1. Miniit,um Scope of Insurance Section 2. Minimum Limits of Insurance Section 3. Additional Named Insured Section 4. Verification of Coverage Article VIII. CASUALTY DAMAGE TO PREMISES Section 1. Reparable Damage Section 2. Catastrophic Damage Section 3. Waiver of Recovery Rights Article IX. LIABILITY AND INDEMNIFICATION Article X. AMERICANS WITH DISABILITIES ACT Article XI. NON-DISCRIMINATION Section 1. No Exclusion From Use section 2. No Exclusion From Ifire , Section 3. Observation of Various Laws Section 4. 'Sreacl of Nondiscrimination Covenants Article XII. DISCLAIMER OF WARRANTIES' Article XIII. ASSIGNMENT OF LEASE Article XIV. DEFAULT AND TERMINATION Section 1. Termination by Lessee Section 2. Termination by Lessor Section 3. Exercise Section 4. Removal of Property Section 5. Causes of Breach and Waiver s I r IV II Article XV. Section. Section section Article XVI. Article XVII. ENVIRONMENTAL MATTERS 1. No Warranties By Lessor 2. Lessor Held Harmless 3. Radon Gas Advisory NOTICE EFFECTIVE DATE W I T N E S S E T H: WHEREAS, the Lessor has ownership of and control over the use of'the office building located at 128 North Osceola Avenue, Clearwater, Florida 34615; and WHEREAS, Lessee desires to occupy and utilize such office building for the purposes of continuing Chamber business and administrative operations, and providing public information and business services; and WHEREAS, Lessor desires to lease out said office building to the chamber; NOW, THEREFORE, in consideration of the Premises and the mutual covenants contained in this Agreement, the Lessor and Lessee hereby agree as follows: ARTICLE I. TITLE The title of this lease is the Chamber of Commerce - 128 Osceola Avenue Building lease. , ARTICLE II. TERM The term of this lease shall be for a period of twelve (12) months commencing on the day of It 199^ (the commencement Date) and continuing through the day of . 1996 (the Termination Date) unless earlier terminated under the terms of this agreement. ARTICLE III. LEASEHOLD The Lessor leases to the Lessee the following described property, including all improvements thereon, located in Pinellas County, Florida, to wit: A PORTION OF THE NORTHWEST i OF THE NORTHEAST i OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 15 EAST AS MORE PARTICULARLY DESCRIBED IN EXHIBIT $'A" ATTACHED HERETO AND A PART HEREOF A/X/A 128 NORTH OSCEOLA AVENUE, CLEARWATER, FLORIDA 34515 2 V: . ARTICLE IV. RIGHTS AND RESPONSIBILITIES Section 1. Use of Promises. a. Lessee shall use the demised premises for the purposes of operating administrative offices and a public meeting venue by the Greater Clearwater Chamber of Commerce, and for no other purposes. b. Lessee covenants and agrees to make no unlawful, improper or offensive, or purely private or individual use of the leased premises. At the termination of this lease, Lessee agrees to return the premises to the Lessor in as good condition as at the effective date of this agreement, subject only to normal wear and tear. c. Lessee may permit use of the leased premises by civic organizations with prior written approval of the city Manager of the City of Clearwater. Loss of or damage to property of the Lessee or Lessor occurring during approved use of the premises shall be the responsibility of the user civic organization. d. Lessee agrees to service all visitor and resident citizen requests for information including that of general interest regarding Lessor programs and services, as well as provide information regarding activities organized and/or sponsored by the Clearwater Parks and Recreation Department. section 2. Maintenance of Premises. The Lessee shall properly maintain the leasehold in a clean and orderly condition. Section 3._ Repairs and Improvements. a. Lessee may make whatever repairs, alterations and improvements to the premises it deems necessary, providing that the Lessor, through its city Manager, or the City Manager's designee, first agrees in writing to any such actions to repair, alter or improve the premises. If the property's physical condition falls into a state of disrepair in the opinion of the City Building official, the Lessor may terminate this Agreement upon fifteen (15) days written notice. b. Repairs, alterations or improvements attached to the premises shall become the property of Lessor upon the termination or expiration of this lease or any extension hereof unless otherwise indicated by Lessor. c. In no event shall Lessor or any of Lessor's property be liable for or chargeable with any expense or lien for work, labor or materials used in the premises, or any improvements, repairs, or alterations thereof. Section 4. Utilities. Lessee shall retain all existing utility accounts in its name and pay all billings for electrical and utility services in a timely manner. 3 section 5. Quiet Enjoyment. Upon payment the rents herein required, and upon observing and performing the covenants, terms and conditions required by the lease, the Lessee shall peaceably and quietly hold and enjoy the leased premises for the term of the lease without hinderance or interruption by the Lessor. ARTICLE V. LEASE RENTAL FEES AND PAYMENTS The Lessee hereby covenants and agrees to pay to Lessor the total rental due for the full term of this lease of ONE AND-----NO/100's---DOLLARS ($1.00) plus applicable sales taxes, the receipt of which is hereby acknowledged upon execution of this Lease by the Lessor. ARTICLE VI. TAXES Lessee agrees to pay any real property taxes that may be assessed and levied on the property or on the leasehold created by this document. Any taxes due for a portion of any year shall be prorated between the parties. ARTICLE VII. INSURANCE Lessee shall procure and maintain during the term of this Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with this lease. Section 1. Minimum scope of Insurance. A Comprehensive General Liability policy and Fire Insurance policy covering the leased premises and Lessee activities occurring thereon shall be obtained and maintained in force by the Lessee. Section 2. Minimum Limits of Insurance. Comprehensive General Liability Insurance procured in accordance with this article shall have minimum coverage limits of $300,000 Bodily Injury and $100,000 with respect to property damage arising out of any one (1) occurrence. Further, Lessee shall, from and after the Commencement Date, keep insured the building(s) upon the premises against loss or damage by fire and windstorm and other covered casualties with what is generally termed in the insurance trade as "extended coverage." Said insurance shall be maintained in an amount equal to the full insurable value of the building(s). All such policies shall be carried in companies licensed to do business in the State of Florida. Section 3. Additional Named Insured. Each insurance policy issued as a requirement of this agreement shall name the City of Clearwater, Lessor, as additional named insured. The coverage shall contain no special limitations on the scope of the protection afforded to the Lessor, its officers, employees or volunteers. Section-4. Verification of Coverage. Lessee shall furnish the Lessor with Certificates of Insurance with all endorsements affecting coverage required by this article. These forms shall be received and approved by the Lessor's Risk Manager before execution of this Lease agreement by authorized city officials. Lessee shall be further responsible for delivery of certification of all policy renewals to Lessor's Risk Management immediately upon renewal. 4 ARTICLE VIII. CASUALTY DAMAGE TO PREMISES Section 1. Re arable Dama e. Any time the building or premises is damaged or destroyed to the extent that the Lessee cannot therefore conduct its activities and the Lessor determines that the demised premises can be restored by making appropriate repairs, the party to this lease determined to be responsible for the damage or destruction shall effect such repairs expeditiously and to the satisfaction of the City's Building Official. Section 2. catastrophic Damage. In the event of total destruction of or catastrophic damage to the demised premises, the Lessee or Lessor may terminate this lease as of the date of such damage or upon thirty (30) days written notice to the other party to this lease. Section 3. Waiver of Recover Rights. Both parties waive any and all rights of recovery against the other party for any direct or indirect loss occurring to the demised premises in the event of damage categorized in Sections 1 and 2 above which is covered by insurance, and in any event, any claims by Lessee or anyone claiming through or under Lessee, shall be subject to the provisions of Article IX, and Section 768.28, Florida Statutes, the Florida Sovereign Immunity Act. ARTICLE IX. LIABILITY AND INDEMNIFICATION Lessee agrees to assume all risks of the Premises and all liability therefore, and shall defend, indemnify, and hold harmless the Lessor, its officers, agents, and employees from and against any and all loss, liability and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property except arising from the negligence or willful misconduct of Lessor or Lessor's agents or employees. This includes, but is not limited to, matters arising out of or claimed to have been caused by or in any manner related to the Premises or Lessee's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by Lessee in or about the Premises whether or not based on negligence. ARTICLE X. AMERICANS WITH DISABILITIES ACT Lessee hereby affirms its intention to take any and all such actions that are reasonable and prudent to comply with the Americans With Disabilities Act of 1990 (known as the "ADA"). These would include modifications to the structure, revisions in operations and supporting communications capabilities and procedures and changes in functional location and layout. ARTICLE XI. NON-DISCRIMINATION Notwithstanding any other provision of this lease agreement, during the performance of this agreement, Lessee for itself, personal representatives, successors in interest and assigns, as part of the consideration for this agreement, does covenant and agree that: 5 Beation I. No Exclusion From Use. No person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the use'of the premises on the grounds of race, color, religion, sex, handicap, age, or national origin. Section 2. No Exclusion F m Hire. In the construction of any improvements on, over, or under th ,premises, and the furnishing of services therein or thereon, no person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination on the grounds of, or otherwise be subjected to! discrimination on the grounds of' race, color, religion, sex or national origin. Section 3. observance of Various Laws. The Lessee shall observe the following laws: Section I of the 14th Amendment, The Equal Pay Act, The Civil Rights Acts of 1866 and 1870, the Vietnam Era Veterans Readjustment Act, the Age Discrimination Act of 1967, the Rehabilitation Act of 1975, Executive order 11914 and the Americans With Disabilities Act of 1990. Section 4.- Breach of Nondiscrimination Covenants. In the event of breach of any of the above nondiscrimination covenants, which breach has been finally adjudicated by an appropriate agency or court of law, the Lessor shall have the right to terminate this lease and to re-enter and repossess the premises and hold the same as if said agreement had never been made or issued. This provision does not become effective until the procedures of 49 Code of Federal Regulations (CFR) have been initiated, followed and completed, including expiration of all rights of appeal. ARTICLE XII. DISCLAIMER OF WARRANTIES This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not be changed, modified or discharged except by written Amendment duly executed by both parties. Lessee agrees that no representations or warranties shall be binding upon the Lessor unless expressed in writing herein or in a .duly executed Amendment hereof. Further, Lessor does not warrant and hereby disclaims any and all liability and responsibility for or on account of the condition of the Premises, or any portions thereof, or for or on account of anything affecting such conditions. ARTICLE XIII. ASSIGNMENT OF LEASE This Lease, or any part hereof or interest herein, may not be assigned, transferred or subleased by Lessee without the consent of the Lessor, which consent shall not unreasonably be withheld. It is understood and agreed that the Lessor may, at any time, with notice, assign or delegate any or all of its rights hereunder. ARTICLE XIV. DEFAULT AND TERMINATION Section 1. Termination by Lessee. This Agreement shall be subject to termination by Lessee in the event of any one or more of the following events: B • r OCT--23-1995 15:12 FROM PL.RO]HIG & DEVE1ONIErIT TO 94492689 P.W a. Lessee shall have the privilege of terminating this lease upon providing not less than thirty (30) day prior written notice to Lessor of Lessee's intent to terminate the lease and vacate the premises. b. Lessee shall have the privilege of terminating this lease if Lessor determines that the premises are so extensively damaged by some casualty that it is impractical or inequitable to repair such leased premises. c, Material default by the Lessor in the performance of any of the terms, covenants or conditions of this agreement, and in the failure.of the Lessor to remedy, or undertake to remedy such default for a period of thirty (30) days after receipt of notice from Lessee to remedy the same, section 2. Termination by-Less-gr. This Agreement shall be subject to ' termination by the Lessor in the event of any one or more of the following events: a. The material default by Lessee in the performande of any of the terms, covenants or conditions of this Lease Agreement, and in the failure of the Lessee to remedy, or undertake to remedy, to Lessor's satisfaction such default for a period of thirty (30) days after receipt of notice from Lessor to remedy same. b. The Lessor determines that a municipal need exists consistent- with the City's charter and Lessor provides Lessee with written notice of such determination not less than ninety (180) days prior to the termination date. c. Lessee's vacating or abandoning the premises. gection 3. Exercise. Exercise of the nights of termination set forth in Sections 1 and 2 above shall be by notice to the other party. Forbearance of timely notice shall not be deemed a waiver of any breach. Secti2n 4 Removax of Property. Upon termination of this agreement for any reason, Lessee, at its sole expense, shall remove from the Premises all signs, trade fixtures, furnishings, personal property, equipment and zateri.als which Lessee was permitted to install or maintain under the rights granted herein, provided the removal can be accomplished without damage to the premises. Lessor may effect such, removal at Lessee's expense should Lessee fail to remove said installed property within thirty (30) days notice. Lessee agrees to pay lessor promptly in the event"of such circumstance upon presentation of a proper invoice. Secta.en 5. , Causos of 13reach and waiveg. a. Neither party shall be held to be breach of this Agreement because of any failure to perform any of, its obligations hereunder if said failure is due to any cause for which it is not responsible and over which it has no control; provided, however, that the foregoing provision shall not apply to a failure of Lessee to provide the amounts of insurance contained in Article VII of this Agreement. 7 TiViN P. 07 b. The waiver of any breach, violation or default in or with respect to the performance or observance of the covenants and conditions contained herein shall not be taken to constitute a waiver of any subsequent breach, violation or default in or with respect to the same or any other covenant or condition hereof. ARTICLE XV. ENVIRONMENTAL MATTERS Section 1. No Warranties By Lessor. Lessor has made no investigation of environmental matters with respect to the Subject Property and makes no representations or warranties to buyer as to environmental matters with reference to the subject Property. Section 2. Lessor Held Harmless. Lessee agrees to indemnify, defend and hold Lessor, its officers, employees and agents harmless from any claims, judgements, damages, fines, penalties, costs, liabilities (including sums paid in settlement of claims) or loss, including attorneys' fees, consultants' fees, and experts' fees which arise during or after the term or any renewal term in connection with the presence or suspected presence of toxic or hazardous substances on or within the lease premises as described in Article III hereof; the soil, groundwater, or soil vapor on or under the Premises, unless such toxic or hazardous substances are present solely as a result of the negligent action or willful misconduct of Lessor, its officials, employees or agents. Without limiting the generality of the foregoing, this indemnification shall also specifically cover costs in connection with: a. toxic or hazardous substances present or suspected to be present on or within the property improvements, the soil, groundwater or soil vapor on or under the Premises before the date hereof; or b. toxic or hazardous substances that migrate, flow, percolate, diffuse or in any way move into, onto or under the Premises after the date hereof; or c. toxic or hazardous substances present within, on or under the Premises as a result of any discharge, dumping, spilling (accidental or otherwise) onto the Premises during or after the term or any renewal term by any person or entity. Section 3. Radon Gas Advisory. As required by Section 404.056(8), Florida Statutes, the Lessee shall take note of the following: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. ARTICLE XVI. NOTICE Any notice given by one party to the other in connection with the Lease shall be sent by certified mail, return receipt requested, with postage and fees prepaid: 8 1. If to the Lessor, addressed to: City Manager City of Clearwater P. O, Box 4748 Clearwater, Florida 34618-4748 2. It to the Lessee, addressed to: President Greater Clearwater Chamber of Commerce P. O. Box 2457 Clearwater, Florida 34617 ARTICLE XVII. EFFECTIVE DATE The effective date of this lease shall be the day of 199. , IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of , 199. Countersigned: Rita Garvey, Mayor-Commissioner Approved as to form and legal sufficiency: John C. Carassas Assistant City Attorney Countersigned: f? II? k ?lYl,l1 1.1 11YIC_AA,4 - Ann Wilkins Duncan Chairman of the Board CITY OF CLEARWATER, FLORIDA By: Elizabeth M. Deptula, City Manager Attest: Cynthia E. Goudeau, City Clerk GREATER CLEARWATER AREA AMBE OF COMMERCE By: Peter Woodham, President & CEO I CofC128.ewb 9 rXHIB1,1' "C" (Locator Mali - 128 N. Osceola Avenue) i ?i . PROPERTY LOCATION 751-43 fl 7 ?ftmmm 55 1026-207 12/07 7 1522-•38 4 1208 1842-214 CSADIMAN PARK uat-m-n L.S. 61 1415- 9s1-- & RED & S VOYM 4-10 ! 0) 347 ?(t! lot 1396--575 2 4119-1313 ?S VAC 1400-DU vvylllS?T.TR 21- ?i 5 4 00 v 2253- 6 0 2285- B 4813--476 • ?-. 260 §?6-157 -- COACHMAN PARK 5 99 ? ? o.e. 926-15 1522--38 4357--1036 RES. 91-39 926--15 923-482 2 8AYF?ONT SHOPP NG CENTER ibAPOlq'8 $c VA81UNS 7998-606 5 4 3 ?N 57-1 lA E N, ILLS ` 9 36 1081-594 00 r- QGT-19-1V4I r% 3d t-Ilu't t'LHNhi 11'lu 6 UI"VMLUr1'1C1.11 I U J^IY Ja.uV J t _ =*1 m [REAL PROPERTY SUBJECT TO CONTRACT TO PURCHASE BETWEEN THE GREATER CLEARWATER CILAMBDR OF COMMERCE AND BARVETT BANE) (Leg'll Desc:rlp7 io1 ::1130 Clevelarid Street) 1 The East 23.090 feet or Lot 15, all of Lots 16 ru X19 inclusive together with the West 17.00 feet of Lot 20 and that part of Lot 28 which tics 'si bf rho Southerly extension of the Eastern line of the West 17.00 feet of Lot 20, all in Block I'A", BASSEDENA SUBDIVISION, as recorded in Plat Book 6, Page 26, of the Public Records of Pinellas County, Florida; 'And that part of Lots 3 and 4 which lie East of a Southerly cxtcnslon of the We:itcrly lint of the Easterly 23.00 feet of Lot 15, Block "A" (of BASSEDENA SUBDIVISION ns recorded in Plat Book 6, Page 26 of the Public Records of Pinellas County, Florida), the East 23.00 feet of Lot 4, Lots 5 and 6 )inclusive, Lot 7 and Wc;t 32.00 feet of Lot 8, less that pact of Lots 7 and 8 that lie East of a Southcrly cxtcrtsion of the Eastern little of the West 17.00 feet of Lot 20, Block "A" of thc'aforesaid BASSEDENA SUBDIVISION, all im H. A. KILOORE'S SUBDIVISION, as recorded in Plat Book 3, Pate 58 of the Public Records of .Pinellas County, Florida. Lcss the South 11.0 feet for road R.O.W. Sald'pareel being further described as follows: Cor=cncc at the Northeast corner of Lot 27, Block "A", BASSEDENA SUBDIVISION, as rccord»d in flat Book 6, Page 26 ok the Public Records of Pincllas County, Florida, and run thence South 57 degrees 56'20" West, along the southerly R.O:W. line of.N.E, Clcvcland Street, 1$3.00 feet to the P.O.B.; thence South 32 dcgrccs 03'40" East, 256,58 feet; thence South 00' degrees 15'45" West, 112.76 feet to a point on die. North R.O.W. line, of Clcvciand Strcct; thence along said North R.O.W. line, North 89 degrees 44'15" West, 175.00 feet' llicncc North 00 degrees 15'45" East, along the Eastern bounds..-y of that part of Lot 4, described in O.R. Book 4755, Page 1571 of the Public Records of Pinellas County, Florida, 127.50 fret; thcncc North 32 degrees 03'40" West, 150.55 fret to a point on (tic Southerly R.O.W, lira of N.E. Cleveland Street' thence North 57 dcgrccs 56'20" East, along said Southerly R.O.W. lino, 140.00 fact to the P.O.B. Contains 49,522 square feet (1.136 Acres) M.O.L., lying the NE 1/2 of the NW '112 of Section 15, Township 29 South, Range 15 East, Parcel?!2. 2 Lots 29, 30, 31 and 43, 44, 45, less the North 50.00 feet of the East 12.0 feat of Lot 43, Block "S" BASSEDENA SUBDIVISION,'as recorded in Plat Book 6, Page, 26, of the Public Records of Pinellas County, Florida. Containing 17,238.495 ;quart feet (0.39574 Acres) M.O.L. and A triangular parcel at the Easterly corner of Lot 50, Block "B" BASSEDENA SUBDIVISION, as recorded in flat Honk 6, Page 26 of the Public Records of Pinellas County, further described as follows: Begln from the SW Corner of Lot 45 of the said Block "B", BASSEDENA StIBDlVISION, thence run along the squill fine of tho said Lot 45, 5,45 feet 4o a F.O,B.; thoacc continue along (lie said' south lane of Lots 45 and 44 to a point of Intersection with the northeasterly extension of the northwesterly line of hots 28 and 29 of the said Block "13"; thence along the said northwesterly lint of Lots 28 and 29, 26.05 feet; thence along a line parallel to and easterly of the westerly line of the said Lot 45, (14.0 fcct ± Deed) (13;87 fact Cal) to the P.O.S. Containing (154 square feet Decd) (152.40 square fact Cal.) M.O.L. ADDENDUM TO CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER This Addendum to Contract for Sale and Purchase is made by and between Greater Clearwater Chamber of Commerce, Inc., as "Seller" and City of Clearwater, Florida, a municipal corporation of the State of Florida as "Buyer" or "City" and is made a part of the Contract for Sale and Purchase between the parties having an effective date of , to which this Addendum is attached. I . Seller acknowledges that City's leasehold interest in the property located at 1130 Cleveland Street, Clearwater, Florida and evidenced by the attached lease agreement, is valid through June 30, 1996 without any further obligation for payment by City. 2. Seller hereby consents to the City's undisturbed use of the premises under the terms and conditions of the attached lease agreement. SELLER: GREATER CLEARWATER CHAMBER OF COMMERCE, INC. Countersigned: Ann Wilkins Duncan Chairman of the Board APPROVED AND ACCEPTED this By: Peter Woodham Secretary day of 1995. Countersigned: Rita Garvey Mayor-Commissioner CITY OF CLEARWATER, FLORIDA By: Approved as to form and legal sufficiency: John Carassas Assistant City Attorney Elizabeth M. Deptula City Manager Attest: Cynthia E. Goudeau City Clerk 1 LEASE AGREEMENT THIS LEASE, made this 11L_ day of , 1994, (the "Effective Date"), between OFFICE PROP TY, INC., a Florida Corporation, as "Lessor", and CITY OF CL ARWATER, 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 9,941 square feet ("Leased Square Feet") of office space, including the drive-in facilities ("Office Premises") which represents Suite 100 of the office building at 1130 Cleveland Street, Clearwater..,, Florida ("office Building"). 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-22 - 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 lams. 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 three full years commencing on July 1, 1994 and ending on June 30, 1996 unless terminated as provided herein. ' ' IaL r. r 1 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 TWO HUNDRED SIX THOUSAND FIVE HUNDRED SIXTY ONE AND---28/100---DOLLARS ($206,561.28), payable in equal monthly installments of $8,606.72 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, along with the "Security Deposit" described irr Section 4.02 below, shall be due and payable on the Lease Commencement Date. It is further mutually agreed that Lessee shall have the option of prepaying to Lessor the full. Base Rent in two annual installments to be paid on or before fifteen (15) days following the Effective Date, and a like sum annually on or before each succeeding anniversary thereafter, in consideration of which the total Base Rent prepaid annually shall be reduced by 50, with the total annual payment being $98,116.63; or Lessee, at Lessee option, may prepay to Lessor the full Base Rent due for the entire Lease Term within fifteen (15) days of the Effective Date, in consideration of which the total Base Rent for the entire Lease Term shall be reduced by 13.5%, with the total Base Rent due for the entire term of this lease being $178,675.50. 4.02 Lessee shall deposit with Lessor concurrent with first month's Base Rent payment a sum equal to said payment ($8,606.72) that shall be held by Lessor as a "Security Deposit" to secure the faithful performance of any or all of the covenants of this Lease on the part of the Lessee. Lessor shall immediately deposit such sums representing the. "Security Deposit" in an interest bearing account bearing the highest rate of interest obtainable for the deposit amount and term for which the deposit shall be held. All interest earned shall be for the benefit of Lessee, and the total of all such funds on deposit, plus accrued interest, shall be refunded to Lessee upon the faithful performance of the Lease covenants within fifteen days of final termination or expiration of this Lease:, less any lawful claims Lessor may have for any non-performance by Lessee of the Lease covenants. 4.03 Should Lessee elect to prepay the full amount of the Base Rent in accordance with Section 4.01 above, no "Security Deposit" shall be due or payable by Lessee to Lessor. ARTICLE V - LATE PAYMENT CHARGE 5.01 In addition to Lessor's remedies under the terms of 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 2 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 (1-1/2%) 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 V1 - RENEWAL 6.01 Provided that Lessee shall not be in default under this Lease, Lessee shall have the option to renew this Lease for two additional terms of twelve months each ("Renewal Term") under the same terms and conditions provided herein, except that the Rent for the Renewal Term shall be an amount equal to the annual Base Rent increased by the percentage increase in the consumer Price Index for "all items" published by the Bureau of Labor Statistics of the United States Department of Labor, for the twelve (12) month period prior to the commencement of the Renewal Term. Lessee shall give Lessor written notice of its intention to renew this Lease not less than one-hundred fifty (150) days prior to the end of the initial term. ARTICLE VII -• UTILITIES 7.01 The rent to be paid 4.01 includes utilities for water, and heating, ventilation and air services for the Office Premises. pay, all other charges measured I Office Premises, including but i security systems. by Lessee provided in Section sewer, stormwater, electricity conditioning, and janitorial Lessee shall contract for, and y' consumption or use for the of limited to telephone and ARTICLE VIII - MAINTENANCE AND REPAIRS 8.01 By entry hereunder Lessee accepts the Office Premises as being in good sanitary, orderly condition and repair, provided, however the Lessor shall make the alterations and repairs as set out in Exhibit "B" attached hereto. Lessor agrees, at Lessor's expense to maintain and repair the Common Areas as defined in Article XI, both interior and exterior, of the office Building in which the Office Premises are located in a good, clean manner. 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 caused 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. 4 3 8.02 Lessee agrees, at Lessee's expense to maintain and repair all non-structural portions of the interior of the office Premises in good condition, damage occasioned by the acts or omissions of any other tenant of the office Building, or 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 and damage by any other tenant of the Office Building, 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 except as specifically herein set forth in Exhibit "B" as described in Section 8.01 hereof. During the term of the Lease, Lessee shall., at Lessee cost make any other changes or alterations in the office Premises that may be necessary to cause said office Premises to conform to all governmental and insurance underwriters requirements adopted after the Lessor's delivery of premises. ARTICLE IX - HOLD OVER 9.01 If, with Lessor's written consent, Lessee holds possession of the office Premises after the term of this Lease, Lessee shall become a tenant from month to month upon the terms herein specified but at a monthly rent equivalent to the then prevailing rent paid by Lessee at the expiration of the term of this lease pursuant to all of the provisions of this Lease, payable in advance on or before the first day of each month. Lessee shall continue in possession until such tenancy shall be terminated by Lessor, or until. Lessee shall have given to Lessor a written notice at least one month prior to the date of termination of such monthly tenancy of its intention to terminate such tenancy. ARTICLE X - ASSIGNMENT AND SUBLETTING 10.01 Lessee may not assign, mortgage or sublet this Lease in whole or in part, without prior written consent of the Lessor which will not be unreasonably withheld.- The consent of the Lessor to any assignment, mortgaging, or subletting shall not constitute a waiver of the necessity for such consent to any subsequent assignment, mortgaging, or subletting. This paragraph shall be construed to include a prohibition against any assignment or subletting by operation of theolaw. If this Lease is assigned, or 4 if the office Premises or any part thereof are sublet or occupied by anybody other than Lessee, Lessor may collect rent from the assignee, sub-tenant or occupant, and apply the amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, sub-tenant, or occupant as tenant, or a release of Lessee from the further performance by Lessee of covenants on the part of the Lessee herein contained. ARTICLE XI -- CONTROL OF COMMON AREAS BY LESSOR 11.01 Subject to the terms of Section 32.01, all areas and improvements provided by Lessor for the general use, in common, of Lessees of the Office Building, their officers, agents, employees and customers shall be referred to herein as "Common Areas", including without limitation, parking areas, pedestrian walkways, elevators, public stairs and equipment rooms, driveways, entrances and exits thereto, access roads, sidewalks, landscaped areas, plazas, fire corridors, meeting areas, and public restrooms. Lessor shall operate the Common Areas in such manner as Lessor shall from time to time determine, provided however, the Lessor shall maintain the public restrooms which shall be available to Lessee at all times. All Common Areas shall at all times be subject to the exclusive control.and management of Lessor. Lessee hereby grants Lessor easement for ingress and egress over, under and through the Office Premises for the purpose of making repairs and for exercising any rights or obligations of Lessor under this lease upon reasonable notice at reasonable times except for emergency situations. Lessor shall have'the right to construct, maintain and operate lighting facilities on all said areas and improvements; to police same; from time to time change the area, level location and arrangements of parking areas and other facilities hereinabove referred to; to restrict parking by Lessees, their officers, agents and employees to employee parking areas; to close all or any portion of said areas or facilities to such extent as may, in the opinion of the Lessor's counsel, be legally sufficient to prevent a dedication thereof or the accrual of any rights to any person or the public therein; to close temporarily all or any portion of the parking areas or facilities; to discourage non-customer parking; and to do and perform such other acts in and to said areas and improvements as Lessor shall determine in its sole discretion. All Common Areas and facilities not within the Office Building which Lessee may be permitted to use and occupy are to be used and occupied under a revocable license which may not be revoked while Lessee is in compliance with all terms and conditions of this Lease, and if the amount of such areas be diminished, Lessor shall not be subject to any liability, nor shall Lessee be entitled to any compensation or diminution or abatement of rent, nor shall such diminution of such areas be deemed constructive or actual eviction; providing always, that Lessor shall provide for non exclusive use by Lessee and the Lessee's employees and customers not less than 75 non-metered 5 parking spaces without time limitations during normal business hours; and shall at all times during normal business hours assure reasonable public access to the drive-in facilities of the Office Premises. ARTICLE X11 - USES PROHIBITED: RULES AND REGULATIONS 12.01 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 shall not do or permit anything to be done in or about the Office Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the building, or that would injure or annoy them; or 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. 12.02 Lessee shall faithfully observe and comply with the rules and regulations of Lessor in force and effect during the term hereof and all reasonable modifications of and additions thereto as may be mutually agreed between the parties in writing. Lessor shall not be responsible to Lessee for the non-performance by any other tenant or occupant of the building of any said rules and regulations. 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 Xill - COMPLIANCE WITH LAW 13.01 Lessee shall not use the Office Premises or Building .to permit anything to be done in or about the same which will. in 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 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. 6 ARTICLE XIV - LEASEHOLD IMPROVEMENTS 14.01 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. Lessor shall not be responsible to Lessee for any loss that may be occasioned by the acts or omissions of persons occupying any space adjacent to or adjoining Lessee's Office Premises or liable to Lessee for any loss resulting in Lessee or any of Lessee's Property caused in any manner except for the negligent acts of Lessor which cause Lessee material damages. 14.02 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 materialmen 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 persons or property, including, without limitation, the office Premises, stemming in any manner from such work. If any lien be filed by 7 virtue of Lessee's work, Lessee shall cause the same to be discharged or bonded off of record within fifteen (15) days aftdr written notification of the existence of said Lien. If Lessee fails, then Lessor may, at lessor's option, cause such discharge and Lessee shall reimburse Lessor all its costs and expenses expended thereon upon billing for same, including attorney's fees. ARTICLE XV - ABANDONMENT 15.01 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. rARTICLE XVI - LIENS 16.01 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 XVII - INDEMNIFICATION OF LESSOR 17.01 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, the use of which Lessee may have in conjunction with other Lessees of the building, and the drive-in tellers, specifically, which shall be for the exclusive use of Lessee, 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". 17.02 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 other damage or injury resulting from carelessness, 8 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 XVIII - INSURANCE 18.01 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, 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. 18.02 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. 18.03 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. 18.04 Lessee shall have the right to provide such insurance coverage pursuant to blanket policies which expressly afford coverage to the office Premises and to Lessee. If insurance coverage is obtained by Lessee, Lessee shall obtain a written obligation on the part of any. such insurance company to notify Lessor in writing of any delinquency in premium payments and at least 30 days prior thereto of any cancellation or amendment to such policy. 18.05 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 XVIII - INSURANCE in lieu of purchasing insurance coverage therefor. If 9 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 XIX - SALES AND RENTAL TAX: TAXES ON LEASEHOLD 19.01 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 or 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 ply 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 Lessee's business or occupancy of the Office Premises, unless exempt by law, except for Federal income, gift or inheritance tax. ARTICLE XX - ENTRY BY LESSOR 20.01 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 office Premises to inspect the same,.to supply janitorial and any other service to' be provided by Lessor to Lessee hereunder, to summit 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 tq,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 10 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 XXI -- DEFAULT BY LESSEE 21.01 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; H. 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 reasonably requires more than fifteen (15) days to cure, there shall be no 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) in any court 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 wand 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 shall Lessor be deemed to have thereby accepted a surrender of the office Premises, and Lessee shall zemain 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, 11 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 Lessor'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 20.01(6)(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 constitute,payment of advance rent. The acceptance of any such payment by Lessor shall not constitute a• waiver of any claim for damages as described above and Subsection 21.01(D)(1) 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 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 XXTT - RIGHT TO CURE DEFAULTS 22.01 If Lessee, after reasonable notice, shall fail to make repairs, maintain public liability insurance, comply witli'hll 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 1-1/2e per month. 12 ARTICLE XXIII - DEFAULT BY LESSOR 23.01 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 (3o) 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. 23.02 In the event of any default by Lessor as describbd in Subsection 23.01 above, Lessee, at its option, may exercise any one of 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 XXX, Section 30.01 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. B. 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 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 thus enforcing compliance with this Lease should Lessee prevail. ARTICLE XXIV CASUALTY 24.01 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, 13 "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 his 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, notwithstanding the threshold definition of "substantially damaged" as heretofore defined, Lessee shall have the option of terminating this Lease under Article XXIII, Subsection 23.01(B) above. 24.02 Should lessor, with the mutual consent of Lessee, which will not be unreasonably be withheld, 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 24.05 under this Lease shall accrue through the date of such vacation. 24.03 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 such time, as may be reasonably required to efficiently and expeditiously complete any such required, or non- required, repairs or rebuilding. 24.04 In no event shall this Paragraph obligate the Lessor to incur in effecting any such required repair or rebuilding, a cost 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. 24.05 Notwithstanding anything to the contrary, it is further agreed with respect to this Section that Lessor stZall 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 during the period that Lessee is not in occupancy of the Premises, except for the obligations of Lessee that insurance proceeds, if any, covers. 14 ..:c AP' 24.06 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 XXV - EMINENT DOMAIN 25.01 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 nave 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 judgement. 25.02 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 14.01) and the installation thereof incurred by it due to said condemnation, or personal property owned by Lessee and taken by reason of said condemnation. ARTICLE XXVI - SALE BY LESSOR 26.01 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. 1s 26.02 Notwithstanding anything to the contrary contained herein, no sales or conveyance by Lessor as aforesaid shall release Lessor from any future liability to Lessee hereunder unless and until this Lease is assigned to and assumed by such grantee. 26.03 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 of 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 XXVII -'ATTORNEY'S FEES 27.01 The prevailing party in any litigation shall be entitled to be reimbursed by the other party for attorney's fees and court costs, including the costs of appeal. ARTICLE XXVIII -- GOVERNING LAW 28.01 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 XXIX - WAIVER 29.01 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 XXX - NOTICES 30.01 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. 30.02 All such notices or demands Lessee shall be addressed to or delivered Scott, A.D./Administrative Services/Utility of Clearwater, P. 0. Box 4748, Clearwater, other place as the Lessee shall from time notice in writing. by the Lessor to the to Attention: John C. Customer service, city Fl. 34618-4748 or such to time designate by 16 30.03 All notices, demands and sums due by the Lessee to the Lessor shall be sent to the Lessor at 15201 Roosevelt Boulevard, 1103, Clearwater, Florida 34620, or to such other person or place as the Lessor from time to time designates in a notice to the Lessee. ARTICLE XXXI - SUBORDINATION AND MORTGAGE PROVISIONS 31.01 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./ 31.02 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 XXXII - FORCE MAJEURE FINANCING RELEASE AND EXCULPATION 32.01 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 17 performance shall be due to any 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. XXXIII -- REAL ESTATE AGENT 33.01 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. XXXIV - AMENDMENT OF SITE PLAN,* No REPRESENTATIONS r34.01 Lessor reserves the right at 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 including Common Areas (as hereinafter defined). 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 or the, drive-in facilities 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 XXXV - DEFINED TERMS & MARGINAL HEADLINES 35.01 The words "Lessor" and "Lessee" as used herein shall include the plural as well as the singular. Words used in the masculine gender include the feminine and neuter. If there be more than one Lessee, the obligations hereunder imposed upon Lessee shall be joint and several. The marginal headings and titles ''to the paragraphs of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part hereof. ARTICLE XXXVI - PLATS & RIDERS 36.01 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. 18 s:•. ARTICLE XXXV11 - T1_ E' 37.01 Time is of the essence of this Lease and each and all of its provisions. ARTICLE XXXVIII - SUCCESSORS & ASSIGNS 38.01 The covenants and conditions herein contained shall, subject to the provisions as to assignments, apply to and bind the heirs, successors, executors, administrators and assigns of the parties hereto. ARTICLE XXXIX - RECORDING 39.01 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 XL - LESSEE STATEMENT; FINANCIALS 40.01 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 (of 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 or 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--if-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 XLI - MISCELLANEOUS 41.41 Lessor does not, in any way or for any purpose, 19 1W- 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 representations between Lessor and Lessee concerning the Office Premises and there are no covenants, 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 neither of them shall be held more accountable for the drafting or language of this lease. s' 41.02 There are no personal guarantees of the obligations of Lessee. IN WITNESS WHEREOF, Lessor 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. CoVfi" er•sign t. Rita Garvey Mayor-commissioner Approved as to form and correct ss: C? Office of qit/y Attorney Paul Rich ar Hull Assistant City Attorney "LESSOR" O FICE PROPE TY, INC. By: Marion Davidson, President "LESSEE" CITY OF CLEARWATER, FLORIDA By: 5a /01 Tt-- izabe h M. Deptula City Manager ATTEST: r C. . cynt is E. Goudeau, City Clerk 20 Tn the presence of: EXHIBIT "A" OFFICE'PREWSES OrnivE Ur TELLLAS RESI ROOM VAULT BREAK AOOW RESIIODUS CUSTODIAN / orrlcE [ 2 - OrrICE ! J WDUEN MCN OFFICE OMCE CLOSET orrICERS rLAlronu • IELLER5 COPY , IMET RODU • 0MCE VAULT I ' OFFICE ++EEiuiC orricr eonao noau Room 1 DATA ROOM 1130 CLEVELAND STREET c?niEus n? Xr, EXHIBIT "B" LESSOR REPAIRS/ALTERATIONS TO BE MADE PRIOR TO OCCUPANCY (Reference: Article VIII, Sec. 8.01) I. Clean and re-stretch all carpeting. 2. Widen restroom doorways to bring into compliance with ADA requirements. 3. Provide compatible floor covering under teller counter and in former "copy room". 4. Bring handicapped parking spaces and ramps into compliance with ADA requirements (if not presently in compliance). 5. Re-attach formica counter in drive-up tellers window. Lessor agrees that Lessor, or Lessor's agent, will consult with Lessee's designated agent prior to implementing any of the aforementioned tasks, and obtain Lessee's written approval of the repairs /alterations to be made, which shall not be unreasonably withheld. All repairs/alterations shall be performed in a workmanlike manner by properly licensed (if required), bonded and insured contractors in compliance with all applicable' codes, laws and governing regulations. It is estimated that the total cost of the repairs/alterations as above described shall not exceed the total cost of $4,000.00; and Lessor shall not be obligated to make any repairs/alterations in excess of this amount. (-\ e':? '-?5 FROM CLEARWATER CHAMBER 11 16.1995 17185 G REATE CLEAT MATE rZft's br cm1aRt" ? ?41. down CAr+?rr?r?.E pU40 0. Nlm, W drrt.?srD,,.?Lrw,Nt rc WMI01 w VCP kR ?aO X0WWA'ww ;Oka "Ow ?s rwrw,ritfi.,n rrwslZ I hoard & D6 *am writ 1.Abd+m a a. Am?e?vns ID ?J1 A11Ar aw"we Rsy 9oucs+,a ot? ? RobmA.bawQ RBDm; w. sym SWUM f.t'Supmw Sao A. av1r. D MA* A b&AN (hq 3. Gay xWUX41 a >WOUtAa ley CL M-F4 & R*b" 6. "dhn.a.u. Wt'Wun Hd1.e AfAw? N. ]ardoo NW W. tn"4" J. IL 9oC%W^6, Ir. Ads"m Mile" Trud. Y.Li?.ry, M rdl.r.rc?.1? x.?ru?1R.e? Do L se" Rn&NW W. 14U4 aivu V. sum )LP,uIEfttW VA hm" wum" aaugt,.t. W011Mm CHAMBER OF COMMERCE 128 N. 03aOIA AVE. 1A. COX 2457. QMWATEN FL 04617 & 610/461.0011 • FA9 610/40-% November 16, 1995 Honorable Rita Garvey, Mayor and city commissioners City of Clearwater P.o. Box +4748 Clearwater, FL 34617-4748 Dear Mayor Garvey and commissionersi P. 2 COPIES TO: COMMISSION NOV 16 1995L' PKLSS CLERK / ATTORNEY I am glad we are at the point of closing on our negotiations for your purahnse of our property at 128 North Osceola Avenue. Y detected some concern at the Monday, November 13th, work session on equitability betweon the City and your Chambar regarding rent. it is our intention to not charge the city any rent in addition to what you have already prepaid to the previous owner for the use of the Cleveland street property. In return, we will be paying the city minimal rent of $1.00 per year during our occupancy of our ourrent building attar you purchasa it. Additionally, we have agreed to pay the operations and maintenance on both buildings during this tine. We will not be receiving Any funds from the prepaid rent on the Cleveland street property to cover these costs. We have accepted that responsibility In the spirit of cooperation. 8 ereslYr Pete Woodham President, CEO PWiwrg TAMPA by Item //: • Q, Clearwater City Commission Agenda Cover Memoratidum Meeting Date: 1 SUBJECT: Florida Power Electric Franchise Ordinance# 5944-95. RECOMMENDATIONIMOTION: Approve the r1orida Power Electric Franchise for a period of 30 years and pass Ordinance :15944--95 on first rending © and that the a ro riate officials be authorized to execute same. BACKGROUND: • The ordinance expands the franchise fee base by including industrial customer sales and the elimination of the credit for ad valorem taxes and licenses paid for by the company. This will increase franchise fee revenue to the City on an annual basis by an estimated $275,000. • If either the company or City, in the future, are adversely affected in terms of lost revenue 0% or morel as a result of retail wheeling, franchise fees can be renegotiated in the future. The Franchise ordinance is for the non-exclusive use of the City's right of way in accordance with other City ordinances and administrative requirements: permits, licenses, notifications, etc. • The ordinance allows for electrical competition dependent on possible future changes to State law. • The ordinance contains a revised Favored Nations clause which provides the City the right to obtain the same franchise fee percentage and/or base as any other entity in the company's service area. The City Commission must approve any transfer of the electric franchise. • The ordinance contains an audit provision that allows the City to conduct audits of the last 5 years of company activity, In cases where errors are discovered, the ordinance allows for the reimbursement of audit costs and the accrual of ten percent interest on unpaid franchise fees. • In a separate lease agreement, Florida Power will lease to the City a parcel of land which is next to the Recreation Center on the beach. The City has been using this property for a parking area and a boat launching ramp in exchange for paying the property taxes of approximately ten thousand dollars per year. The lease agreement will be for a 30 year period and require the City to make lease payments of only a dollar per year without paying the property taxes. • In a separate letter, Florida Power will indicate their acceptance of this ordinance and their continued support to the City's local economy. • Florida Power will continue to work with the City with respect to the undergrounding of electrical facilities in accordance with the applicable tariff approved by the Public Service Commission. • The audit of the electrical franchise fees and utility taxes over the last five years resulted in the City receiving an additional $17,888.23 of revenue. • Indicates anew or amended Issue relative to the existing Franchise ordinance #1091. RevSewed by. Originating Department: Costs: Commission Action: Legal Internal Audit ? Approved Budget Total ? Approved with Conditions Purchasing User Department: ? Denied Risk Mgrr?t, .. Currant Fiscal Year © Continued to; IS Funding Source: ACM - ? Catllallmprovumonl; Other Advertised: ? Operating: Onto; ,,,,,,,,,,,,,, ? other: Attachments: ordinanceN 69"-96. Submitted by: 0 Not Required Appropriation Code f? Affected Parties l 14 ? Notified © None nager city ? Not Required 10 Printed on recycled paper ORDINANCE NO. 5944-95 AN ORDINANCE GRANTING TO FLORIDA POWER CORPORATION A NON-EXCLUSIVE ELECTRIC UTILITY FRANCHISE TO OCCUPY MUNICIPAL STREETS AND RIGHTS- OF-WAY IN THE CITY OF CLEARWATER, FLORIDA, FOR THE PURPOSE OF PROVIDING ELECTRIC AND POWER SERVICES; PRESCRIBING THE TERMS AND CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; PROVIDING FOR SEVERABILITY OF PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: SECTION 1. Findings. (A) The Grantor deems it necessary, desirable and in the interest of its citizens to establish by ordinance a franchise granting to Grantee the permission to occupy Rights-of-Way in the City of Clearwater, Florida, for the purpose of providing electric services. (B) The Grantee is willing to undertake the installation and operation of its electric utility facilities under a franchise from Grantor. SECTION 2. Short Title. This Ordinance shall be known and may be cited as the "Florida Power Corporation Electric Franchise." SECTION 3. Definitions. For the purposes of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (A) "Grantor'- The City of Clearwater, Florida. (B) uGrantee" - Florida Power Corporation, its successors and assigns. (C) "Electric Utility System" - An electric power system installed and operated in the Franchise Area in accordance with the provisions of the Florida Public Service Commission establishing technical standards, service areas, tariffs and operating standards, which shall include but not be limited to electric light, heat, power, and energy facilities, and a generation, transmission, and distribution system, with such extensions thereof and additions thereto as shall hereafter be made. (D) "Franchise Area" - That area for which Grantee provides Electric Utility Service which is within the corporate city limits of the Grantor. No. 5944.95 (E) "Base Revenues" - Revenues from the sale of electricity, net of customer credits, to residential, commercial, and industrial customers and City sponsored streetlighting all within the the corporate limits of the City. (F) "Person" - Any person, firm, partnership, association, corporation, company or organization of any kind. (G) "Rights-of-Way" - All of the public streets, alleys, highways, waterways, bridges, easements, sidewalks and parks of the City, as they now exist or may be hereafter constructed, opened, laid out or extended within the present limits of the City, or in such territory as may hereafter be added to, consolidated or annexed to the City. (H) "Retail Wheeling" - A customer/supplier arrangement whereby an electric energy provider utilizes transmission and/or distribution facilities of Grantee to make energy sales directly to an end use customer located within the Franchise Area. (1) "Adversely Affected" - For the Grantee, a loss of one percent (1 %) of Base Revenues within the corporate city limits due to Retail Wheeling. For the Grantor, a loss of one percent (1 %) of franchise fees due to Retail Wheeling. SECTION 4. Grant of Authority. (A) There is hereby granted by Grantor, to Grantee, the right and privilege to construct, erect, operate, own and maintain, in, upon, along, across, above, over and under Rights-of-Way now laid out or dedicated, and all extensions thereof, and additions thereto in the corporate city limits, poles, wires, cables, underground conduits, manholes, fiber optic cable for its own use and other fixtures necessary or proper for the maintenance and operation of its Electric Utility System, provided that all portions of the same shall conform to the National Electrical Safety Code. This Franchise is awarded subject to the provisions of general or special laws of Florida now existing or hereinafter enacted. This grant of authority is limited to the provision by Grantee of electric utility services. Grantee agrees that without the prior written permission of Grantor, it will not allow any entity providing a wireless communication system to acquire rights to occupy Rights-of-Way under this Franchise. In the event Grantee desires to use its existing facilities, or construct new facilities, in order to provide public communications, leased fiber optic capacity, or video services to existing or potential consumers, Grantee must obtain additional and separate permission from the City for such activities. (B) Annexation or Contraction. Grantee agrees that the Franchise Area is subject to expansion or reduction by annexation and contraction of municipal boundaries. If Grantor approves any Franchise Area expansion or reduction by annexation or contraction, Grantor will provide written notice to Grantee. Grantee must revise its payments due to any expansion or reduction by annexation within a reasonable time after notice to Grantee, but no later than sixty (60) days after receipt of notice. (C) Non-Exclusive Use. The right to use and occupy Rights-of-Way for the purposes herein set forth shall be non-exclusive, and the Grantor reserves 2 No. 5944.95 the right to grant a similar use of said Rights-of-Way, to any person at any time during the period of this Franchise so long as such grant does not materially and adversely impact Grantee's right to use and occupy Rights-of-Way as aforesaid. SECTION 5. Term of Franchise. (A) Except as otherwise provided herein, the Franchise and rights herein granted shall take effect and be in force from and after the final passage hereof, as required by law and upon the fling of an acceptance by Grantee of all the terms thereof with the Grantor and shall continue in force and effect for a term of thirty (30) years after the effective date of this Franchise ordinance. (B) However, if in the event the appropriate governmental authorities authorize Retail Wheeling, then, either party, if Adversely Affected thereby, may reopen this ordinance upon thirty (30) days written notice to the other for the sole purpose of addressing franchise fee payments between Grantee and Grantor. If the parties are unable to agree within ninety (90) days of reopening, either party may declare an impasse and may file an action in the Circuit Court in Pinellas County, Florida for declaratory relief as to the proper franchise fee in light of Retail Wheeling. (C) Each party shall bear its own costs in such a proceeding, During the pendency of any negotiations pursuant to the reopener or any declaratory action arising therefrom the current franchise payment as set forth in Section 6 shall continue to apply. Provided, however, if as a result of such negotiations or any declaratory action arising therefrom, a different franchise payment is determined, that new franchise payment shall apply retroactively to the first full month following the date this ordinance is reopened and the parties shall balance their accounts accordingly. (D) In all events, Grantor shall not grant more favorable treatment to providers of Retail Wheeling than is granted to Grantee under this ordinance, it being the intent of the parties that no future provider of electric service, be it generation, transmission or distribution service, to customers within the corporate limits of Grantor shall be given a competitive advantage over Grantee. SECTION 6. Payment to Grantor. (A) Effective the first day of the second month beginning after the effective date of this ordinance, Grantor shall be entitled to receive from Grantee a monthly franchise amount which will equal six percent (6%) of Grantee's Base Revenues for the preceding month which amount shall be the total compensation due Grantor for the rights, authority and privileges granted by this Franchise. (B) Payment shall be'made to the Grantor for each month no later than the twentieth (20th) day of the following month. The monthly payment shall be made by wire transfer. Any monthly payment or any portion thereof received twenty (20) days after the due date shall be subject to interest at the rate of 10% percent per annum until all payments are paid in full . 3 No. 5944-95 SECTION T. Favored Nations (A) In the event Grantee shall hereafter accept an electric utility franchise ordinance from any municipality providing for the payment of a franchise fee in excess of the amount provided for per Section 6 above, the Grantee shall immediately notify the Grantor and the Grantor reserves the right to amend this Franchise to require the Grantee to pay the Grantor such additional franchise fees. The Grantee's failure to notify Grantor of such additional payments does not limit Grantor's rights to such additional franchise fees nor limit Grantee's liability with respect thereto including late payments outlined in Section 6 (B). (B) In no event shall Grantor receive a franchise fee that is less, in terms of percentage and/or Base Revenues, than any other governmental entity within Grantee's service area, except that, in the event Grantor shall hereafter grant an electric utility franchise to any other electric energy supplier providing for the payment of a franchise fee less than the amount provided for in Section 6 above, then Grantor shall be obligated to accept an amendment of this ordinance providing for a decrease in the franchise fee to such lesser amount. SECTION 8. Rates and Services Provided. The rates to be charged and services provided by the Grantee for electric service within the corporate limits of Grantor during the term of this franchise shall be as provided in the Grantee's tariffs now or hereafter approved by the Florida Public Service Commission, or such agency of the State of Florida as may have proper jurisdiction over such rates and charges of Grantee. SECTION 9. Character of Service. Grantee agrees that the materials to be used in the construction, operation and maintenance of the electric distribution system and the service to be rendered thereby shall be in every respect equal to those provided to Grantee's other franchised communities. Grantee shall maintain a business office or locations within the City which shall be open during normal business hours for the purpose of accepting payments of electric bills and receiving customer inquiries. 4 No. 5944.95 SECTION 10. Indemnification. (A) Grantor shall In no way be liable or responsible for any accident or damage that may occur in the construction, operation or maintenance by Grantee of its facilities thereunder, and the acceptance of this franchise by Grantee shall be deemed an agreement on the part of the Grantee to indemnify Grantor and hold it harmless against any and all liability, loss, cost, damage or expense which Grantor may incur by reason of the neglect, default, or misconduct of Grantee in the construction, operation, or maintenance of its electric utility facilities thereunder. (B) Grantee shall maintain throughout the term of this Franchise sufficient financial resources to provide self insurance insuring the Grantor and Grantee with regard to all damages set forth in Section 10 (A) in the minimum amounts of: (1) $1,000,000 for bodily injury or death to a person, $3,000,000 for bodily injury or death resulting from any one accident. (ii) $50,000 for property damage resulting from any one accident. (iii) $1,000,000 for all other types of liability. (C) It is acknowledged by the Grantor that Grantee provides its own liability insurance (self insured). Grantee must submit on an annual basis, when submitting its annual audited financial report, documentation that clearly demonstrates that it has accumulated sufficient financial resources in order to provide insurance coverage as indicated in Section 10(B) above. SECTION 11. Approval of Transfer. (A) The rights and privileges granted by this Franchise shall not be sold, or assigned in whole or in part without the Grantor's prior written approval; however, such consent shall not be unreasonably withheld. No such sale or assignment shall be effective until the vendee or assignee has filed with the Grantor an instrument, duly executed, reciting the fact of such sale, or assignment and agreeing to perform all the conditions thereof. (B) Grantee shall annually submit to Grantor, Attention: City Clerk's Department, a copy of its Audited Annual Financial Report upon its normal issuance of same. By acceptance of this Franchise, the Grantee specifically agrees that in the event of any violation of this Section, after thirty (30) days written notice and an opportunity for Grantee to cure, Grantor may cause the Franchise granted herein to be terminated. SECTION 12. Grantor Rights in Franchise. The right is hereby reserved to the Grantor to adopt, in addition to the provisions herein contained and existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of its police power, provided that such regulations, by ordinance or otherwise, shall be reasonable, and shall not be in conflict with the laws of the State of Florida or the lawful regulations of any state agency possessing the power to regulate the activities of the Grantee or materially interfere with the benefits conferred on Grantee hereunder. 5 No, 5944-95 SECTION 13. Work in the Right-of-Way. The Grantee is hereby granted the right, authority and privilege to make all necessary excavations in said square, streets, avenue, alleys, thoroughfares, public grounds and other parts of Grantor. The Grantee shall have the right to fasten and to stretch and lay along the lines of said poles, conduits, pipes and cables necessary for transmitting and conveying the electric current to be used in Grantee's business, together with all the right and privileges necessary or convenient for the full use including the right to trim, cut and keep clear all trees and limbs along said lines that may in any way endanger the proper operation of same. Moreover, the Grantee shall have the right to construct, erect, operate and maintain in said City an electric system consisting of central plant or plants, with all the engines, boilers, dynamos, machines and devices, and appliances that may be required for generating electricity, together with necessary substations, lines and related facilities and for carrying Grantee's business; provided that, in accomplishing these purposes, the streets of said City shall not be unreasonably obstructed and work in connection therewith shall be done and carried on in conformity with such reasonable rules, regulations, and local ordinances with reference thereto as may be adopted by the Grantor for the protection of the public. SECTION 14. Records and Reports. The following records and reports shall be filed with or available to Grantor: (A) Grantee Rules and Regulations. Copies of rules, regulations, terms and conditions adopted by Grantee that relate to Grantee's use of Grantor's Right-of-Way shall be available upon request by Grantor. (B) Accounting. Grantee shall use the system of accounts and the form of books, accounts, records, and memoranda prescribed by the Florida Public Service Commission, or as mutually agreed to by Grantor and Grantee. Should the Florida Public Service Commission cease to exist, the City retains the right to require the Grantee to maintain a system of accounts and forms of books and accounts and memoranda prescribed by the Federal Energy Regulatory Commission or any other applicable agency. (C) Reports. The Grantee will attach to each payment a statement of its estimated Base Revenues by revenue account for the period on which such payment is based, signed by an authorized representative of the Grantee, in such reasonable form and detail as Grantor may from time to time prescribe, sufficient to show the source and method of computation of Base Revenues, The acceptance of any statement or payment shall not estop the Grantor from asserting that the amount paid is not the amount due or from recovering any deficit by any lawful proceeding, including interest to be applied at the rate set forth in Section 6 (B). 6 No. 5944.95 E' (D) Availability of Records and Reports. Grantee shall supply all accounts and records of the Grantee and/or all such information that the Grantor or its representatives may from time to time reasonably request or require relative to the calculation of franchise fees. Such financial records shall be kept and maintained in accordance with generally accepted accounting principles. All of the these records shall, on written request of Grantor, be open for examination and audit by Grantor and Grantor's representatives during ordinary business hours, in the Clearwater Area Office of Grantee and such records shall be retained by Grantee for a minimum of five (5) years. (E) Audit. Grantor may require an audit of Grantee's books at minimum of once every five years. Grantee will reimburse Grantor's audit costs if the audit identifies errors in the Grantee's franchise Base Revenues of five percent (5%) or more for the period audited. Errors identified during the audit process shall be projected for any additional time periods not covered during the audit if there is a reasonable probability these errors occurred during the unaudited period, but not for more than five (5) years. If an underpayment of franchise fees has occurred, interest will be computed at a rate of ten percent (10%) per annum. Both the underpayment and interest shall be paid within thirty (30) days after receipt of demand therefor from Grantor. SECTION 15. Grantor's Authority. (A) Nothing in this Franchise shall prevent Grantor from levying and collecting such taxes as Grantor may from time to time be empowered, by law, to levy and collect provided such taxes shall be applied uniformly to all persons within Grantor's corporate limits and shall not constitute an additional tax or fee for Grantee's use of the Rights-of-Way. Such taxes are not considered part of the franchise fees. (B) In the event the Grantor acquires the property rights of Grantee as well as any extensions thereof within and without the City, used in or useful in or connected with Grantee's Electric Utility System and the extensions thereof, all grants or renewals shall at once terminate. SECTION 16. Severabiliity. Should any section or provision of this Franchise Ordinance or any portion thereof, the deletion of which would not adversely affect (in the general sence) the receipt of any material benefits or, substantially increase the burden of any party hereunder, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder, as a whole or any part thereof, other than the part declared to be invalid. In the event of any such partial invalidity, the Grantor and Grantee shall meet and negotiate in good faith to obtain a replacement provision that is in compliance with the judicial authority's decision.. 7 No. 6844.05 SECTION 17. Acceptance. This ordinance shall become effective upon being legally passed and adopted by the City Commission of the City of Clearwater, as provided by law; and it is further agreed that Grantee shall accept this franchise as of the date of the passage and adoption by the City Commission and shall signify its acceptance in writing within thirty days after the City Commission's approval of this ordinance by filing its written acceptance with the City Clerk. SECTION 18. Attorney's Fees and Expenses. Except as otherwise provided for herein, Grantor and Grantee hereto agree that if litigation becomes necessary to enforce any of the obligations, terms and conditions of this Franchise, the prevailing party shall be entitled to recover a reasonable amount of attorney's fees and court costs, including fees and costs on appeal, from the non-prevailing party. SECTION 19. Governing Law and Venue. (A) The rights and privileges granted to Grantee by this Franchise shall at all times be subordinate and inferior to the rights of the public in and to the ordinary use,of Grantor's Rights-of-Way and nothing in this Franchise shall be considered as a surrender by Grantor of its right and power to use and relocate the use of its Rights-of-Way. (B) The Franchise and rights herein granted are subject to the provisions of existing Federal laws and the laws of the State of Florida and those hereafter enacted pertaining to the granting of franchises and to Retail Wheeling. (C) Venue. In the event that any legal proceeding is brought to enforce the terms of this Franchise, the same shall be brought in Pinellas County, Florida, or, if a federal claim, in the U.S. District Court in and for the Middle District of Florida, Tampa Division. SECTION 20. Notices. Except in exigent circumstances, all notices by either Grantor or Grantee to the other shall be made by either depositing such notice in the United States Mail, Certified Mail return receipt requested or by facsimile. Any notice served by certified mail return receipt shall be deemed delivered five (5) days after the date of such deposit in the United States mail unless otherwise provided. Any notice given by facsimile is deemed received by next Business Day. "Business Day" for purposes of this section shall mean Monday through Friday, with Saturday, Sunday and Grantor and Grantee observed holidays excepted. All notices shall be addressed as follows: No. 5944.95 To Grantor: To Grantee: City Manager City of Clearwater 112 S. Osceola Avenue Clearwater,FL 34616 General Counsel Florida Power Corp. P.O. Box 14042 St. Petersburg Fl. 33733-4042 Notice shall be given as required by this Franchise and for all other emergencies. Notice shall be provided to the above-named addressees unless directed otherwise in writing by Grantor or Grantee. SECTION 21. Non-waiver Provision. The failure of either party to insist in any one or more instances upon the strict performance of any one or more of the terms or provisions of this Franchise shall not be construed as a waiver or relinquishment for the future of any such term or provision, and the same shall continue in full force and effect. No waiver or relinquishment shall be deemed to have been made by either party unless said waiver or relinquishment is in writing and signed by the parties. SECTION 22. Effective Date. This Franchise shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL. READING AND ADOPTED Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk Approved as to form and legal sufficiency: Pamela K. Akin, City Attorney 9 No. 5944.95 I t DATE A.G ENIDA' ITEM #&t?' L? C1?l3 Il-I(47.q5 CITY OF CL EA R WA TER 37 1996 LEGISLATIVE PROGRAM OF. 99?ATEP November 16, 1995 City of Clearwater 1996 Legislative Program GENERAL ISSUES OF SUPPORT OR CONCERN High Priority Issues Bridge Funding Currently, funding is only available to replace structurally obsolete bridges. The City requests funding also be allowed for functionally obsolete bridges. (seepage S) Memorial Causeway Bridge Funding - Request transfer of Florida Department of Transportation (FDOT) Bridge Replacement Funds from District 1 (Anna Maria Island) to District 7 for the purpose of a new Memorial Causeway Bridge in Clearwater. (see page 9) Sand Key Beach Renourishment - The City would strongly support legislation that would provide funding which would enable Pinellas County to complete this project. Funding for Program Addressing the Needs of Homeless Persons - The City of Clearwater has joined other local governments and non-profit agencies in the north Pinellas County area to coordinate our efforts to address these special needs for basic human necessities. The City requests the support of the local delegation in directing federal dollars available through the state to assist in funding our local efforts. Local Government Mandates - The constitutional amendment approved by the voters of Florida is self-executing and requires no implementing legislation. The City is strongly opposed to legislation or state agency rules that impose responsibilities on local government without providing funding resources. Ready to Consume Alcoholic Beverages - The City supports legislation that would provide statewide control of ready-to-consume alcoholic beverages. (see page 10) Y , A- City of Clearwater 1996 Legislative Program GENERAL ISSUES OF SUPPORT OR CONCERN High Priority issues - con't Gun Control - The City supports legislation that would allow local governments to regulate the sale of firearms and ammunition. The City also supports legislation that would change the waiting period for gun shows to the same waiting period as gun sales in a store. Fireworks: Sales & Use - Support amending Chapter 791, Florida Statutes, to provide for more restrictive sales and use of fireworks and expand authority to seize fireworks to those authorized to enforce laws and rules of the State Fire Marshal. (see page 11) Government Attorney/Client Sessions - Support amending Section 286.01 1(8), Florida Statutes, to require the transcript be made part of the public record upon conclusion of the litigation and all related or substantially similar litigation. (see page 12) Public Records: Mail - The City supports an amendment to the public records law that would allow time for the addressee to receive correspondence prior to its being released to the public. (see page 13) Solicitation at Polls - Support legislation that would prohibit solicitation within 50 feet of a polling place. (see page 14) Regulation of Family Care Homes - Support legislation to either regulate the clientele served by family care homes or broaden local authority to regulate impacts to improve compatibility of family care homes with neighborhoods in which they are located. (see page 15) Professional Engineering WE) Exemption - Oppose legislation which would remove our municipal exemption and require the sealing by a PE of engineering work by the City in public properties and rights-of-way. (see page 16) -2- City of Clearwater 1996 legislative Program GENERAL ISSUES OF SUPPORT OR CONCERN High Priority issues - can't Construction Industry Licensing Board (CILB) - The City supports the position of the Florida Natural Gas Association (FNGA) to retain utility and municipal exemption to work on customers' property beyond the right-of-way. (see page 17) Mangrove Protection - The City supports legislation that would allow local municipalities to regulate the trimming and removing of mangroves. (see page 18) Fish & Wildlife Action Plan - The City supports increased enforcement of environmental regulations on Tampa Bay by revising the Salt Water Fishing License Rule to require 30 percent of the revenues collected be allocated for marine law enforcement and allocation to individual districts more closely correspond to the amount of revenues collected from a region. (see page 19) Bay Habitats - The City supports statewide legislation to require mandatory education of boaters, in order to improve boater safety, increase environmental awareness and reduce destruction of bay habitats. (see page 20) Jet Ski Regulation - The City supports legislation to regulate jet ski operation in order to enhance safety in areas where multi water uses take place, Water Issues - The City of Clearwater considers potable water supply equitably distributed at a reasonable cost to be a top priority for local governments in the State of Florida. We urge the Pinellas County Legislative Delegation to give this issue serious consideration. Municipal Right to Expand Utilities - The City would strongly oppose legislation aimed at precertifying territories in the State of Florida so as to limit municipal rights to expand their utility systems. (see page 21) -3- City of Clearwater 1996 Legislative Program GENERAL ISSUES OF SUPPORT OR CONCERN High Priority Issues - can't Public Service (Utility) Tax Fuel Cost - The City supports legislation that would remove the existing exemption which was enacted at a time when fuel costs were escalating. (see page 22) Municipal Taxing Authority - Support legislation which ensures cities are not bypassed on utility taxation authority due to recent and coming deregulation of the natural gas and electric industries. (see page 23) Flexibility to Municipalities - Support legislation that will provide flexibility for municipalities to exempt all or portions of utility tax for industrial or certain types of new businesses. High-Mast Lighting: Operation and Maintenance Cost - Support legislation that requires once a roadway is treated as a limited access facility, it be so classified for all purposes. (see page 24) Signage on State Roads - The City would support legislation that would allow additional signs providing directions to municipalities and their amenities and facilities on roads under the State's control. Solid Waste Collection, Disposal & Recycling - The City opposes solid waste legislation that would further weaken home-rule powers and restrict a municipality's right to regulate the collection and disposal of residential and commercial refuse within the City. Also, the City opposes legislation that imposes higher recycling mandates upon cities until a reliable reporting and accounting system is in place and sufficient data is collected to establish the impact of recent flow control legislation (seepage 25) Definition of Recovered Material -'Oppose legislation that would include "food waste" in the definition of "recovered materials." see page 26) -4- City of Clearwater 1996 Legislative Program GENERAL ISSUES OF SUPPORT OR CONCERN Continuing Issues Child Pornography - As the law now stands, nothing prohibits a person from photographing or video-taping a child that has his/her genitals exposed when said video or photograph can be taken in a clandestine fashion or without the parent or guardian of that child giving consent. It is a widely accepted fact that many sexual offenders receive gratification from looking at these photographs or videos. Many sell or trade these items with other adults with similar sexual interests and, often will use sexually explicit photographs of children to show to potential child abuse victims in an effort to lower the child's inhibitions and further victimize more children. Revising Penalties for Specific Misdemeanors from Criminal to Civil - Currently the State Attorney's Office declines to prosecute on a large percentage of misdemeanor complaints. The City supports the revision of the State Statutes to allow decriminalization of certain types of misdemeanors and allow for civil penalties to be imposed, Handicapped Parking Permits - The City would strongly support the amendment of Section 320.0848561, F.S., to require a photo identification on each permit. The City would also support increasing the fines from $105 to $500 for the illegal use of a permit. (see page 27) Presumption of Disability Benefits for Police - The City continues to be concerned about proposed requirements to pay automatic in-fine-of-duty disability retirement plus workers' compensation benefits to police officers who contract heart disease, hypertension or tuberculosis. Sale or Retitle of Vehicles with Unrebuildable Titles - The City would support legislation that would make it illegal to repair vehicles with unrebuildable titles with the specific intent to retitle and sell the vehicle in another state. (see page 28) -5- I t. . City of Clearwater 1996 Ugislative Program GENERAL ISSUES OF SUPPORT OR CONCERN Continuing Issues - con't Special Master: Procedures & Powers - Propose amendment of Chapter 162, Florida Statutes, to clarify the powers and procedures of the Special Master. (see page 29) Cost Recovery for Code Cases - Propose amendment of Chapter 162, Florida Statutes, regarding recovery of costs of successful prosecution of cases to include prosecution through the County Court System. (see page 30) Revision of Statutory Notice Requirements for the Adoption of Ordinances - The City supports reviews of statutory notice requirements for the adoption of ordinances to include a "substantial compliance" standard, delete expensive and ineffective requirements, permit alternative methods of giving notice, and clarify which ordinances must be referred to a local planning agency. Enclaves - Local municipalities constantly experience problems providing services such as police and fire within enclave areas. Legislation that would make it easier to annex enclave properties into the city would be strongly supported by the City. Partial Year Assessments - Currently, improvements to real and personal property are placed on the tax rolls on January 1 of each year, regardless of the time of year or extent of completion. Realistically, construction on any site requires public services (like police and fire) well before the property is certified for occupancy. Cities, counties, school boards and special districts rely heavily on the property tax and are seriously impacted by this time differential. The City of Clearwater supports amending the ad valorem tax statutes to implement partial year assessments on real and tangible personal property when they are substantially complete. Ad Valorem Taxes Outside of Municipal Limits - Oppose legislation to require ad valorem tax payments on municipal utility systems operating outside their municipal boundaries. -6- 1W,- City or Clearwater 1995 Legislative Program GENERAL ISSUES OF SUPPORT OR CONCERN Continuing Issues - con't Cruise Ship Sales Tax - Clarify current laws to ensure that cruise ships, which are not transportation only such as Cruises to Nowhere, pay sales tax on all ticket sales and such tickets are to be taxed as admissions. Florida Single Audit - Propose legislation which provides a single audit act for the grants from the State level to local governments and not-for-profits. (see page 31) Impact Fees - The City continues to oppose impact fee legislation that would severely restrict-local governments' authority to regulate and collect impact fees. Funding for the impact of growth is vital to maintaining adequate public infrastructure in Florida. Alternative Fuel Vehicles - The City of Clearwater would support any State proposals to provide financing, favorable tax treatment, or other supportive programs to encourage conversion of government and private fleets to natural gas or propane gas. One-Call Bill Legislation - Support legislation which improves enforcement of the requirement to obtain utility locations before digging. (see page 32) Functional Classification of Roads - The City is strongly opposed to the transfer of jurisdictional responsibility for major roadways within the City. The study performed by the Center for Urban Transportation Research (CUTR) has proposed that the responsibility for maintenance and improvement of state roads would be given to the City. Solid Waste Recycling (Flow Control) - The Legislature voted in 1992 to allow the diversion of commercial recyclables from the municipal waste stream to private vendors, which will ultimately result in higher costs to residential customers. We would support legislation that would reverse this action, -7- City or Clearwater 1996 Legislative Program Issue: Bridge Funding Backgrgund; Florida Department of Transportation's bridge and roadway work program does not contain adequate funding to allow prioritized replacement of a functionally obsolete structure. Therefore, a highly ranked, functionally obsolete bridge has little or no chance to compete with a much lower ranked struc-turally obsolete bridge. Within Clearwater, Memorial Causeway Bridge has boon classified as a functionally obsolete structure. Clearwater has designated replacement of that bridge as their #1 transportation issue. Requested Action: Propose funding also be allowed for functionally obsoloto bridges. Smntact: Rich Baler, City Engineer 8131462-6042 -8- A City of Clearwater 1996 Legislative Prograin Issue: Funding for Memorial Causeway Bridge The replacement of Memorial Causeway Bridge, a functionally obsolete structure, is the City of Clearwater's #1 traffic priority. Currently, the State has funds allocated for Anna Maria Island. - The funds are to be used for a twin span, bridge from Manatee County to the City of Anna Maria Island. The bridge is not without controversy and, in fact, the majority of the residents on Anna Maria Island and Manatee County have voted against it. Nevertheless, FDOT is trying to move forward with this bridge at a cost of $13.8 million for each span. Transfer FDOT Structural Bridge Replacement funds from District 1 to District 7 for the purpose of a new Memorial Causeway Bridge in Clearwater. Contact: Rich Baler, City Engineer 8131462-6042 -9- City of Clearwater 1996 Legislative Program 1mL: Ready to Consume Alcoholic Beverages Background: The City, State and, f=ederal Governments have recognized drinking and driving as a serious issue. The ability of retailers to sell small quantities of chilled, ready-to- consume alcoholic beverages appears to conflict with the substantial efforts locally, statewide and nationally to better control irresponsible and dangerous consumption of alcoholic beverages. ReQuested Legislat iye_Action: Propose statewide controls of sales of ready-to-consume alcoholic beverages. Contact: Scott Shuford, Central Permitting Director 813/462-6567 -10- ., .. . City of Clorwater 1996 Legislative Prograin Lum: Fireworks: Sales and Use The Fire Department has grave concern for the citizens of Clearwater caused by the sale and use of fireworks. Currently, Florida Statute Section 791.07 allows the sale of fireworks for agricultural, fish hatchery, quarrying, blasting and other industrial uses. This permits fireworks dealers to circumvent the intent of the Florida Statutes by placing the liability for such sales onto the consumer. Also, Section 791.05 designates only the Sheriff or his appointee or other police officer with the authority to seize fireworks exposed for sale in violation of the law. Amend Chapter 791, Florida Statutes, to provide for more restrictive sales and use of fireworks; to include that persons certified pursuant to Florida Statute Chapter 633, who are authorized to enforce the Laws and Rules of the State Fire Marshal, be added to the Sheriff and Police Officers having authority to seize fireworks exposed for sale in violation of the Statutes. In addition to the proposed changes to Chapter 791, it is recommended a committee be established to study the effects of Chapter 791 on the general public, to include a thorough examination of Chapter 791. Contact: Jim Goodloe, Fire Marshal 8131462-6315 It City of Clearwater 1996 Legislative Program la=: . Governmental Attorney/Client Sessions In 1993 Section 286.011(8), Florida Statutes, was added to permit governmental entities to meet with their attorneys to discuss pending litigation under certain narrow circumstances and provided certain conditions are met. This section provides that at the conclusion of litigation the transcript of the session shall be made part of the public record. Often times there are separate cases involving the same or substantially the same legal issues or arising out of the same facts but with different plaintiffs. By requiring that the transcript of the attorney-client session be opened at conclusion of the litigation, discussions involving settlement negotiations and strategy related to litigation expenditures would become available to individuals involved in closely related cases with substantially the same issues. It would defeat the purpose of the closed door attorney-client session. Amend Section 286.01 1(8) to require that the transcript be made part of the public record upon conclusion of the litigation and all related or substantially similar litigation. Contact: Pamela K. Akin, City Attorney 8131462-6760 -12- City or Clearwater 1996 Legislallwe Program Issue: Public Records: Mail Backarounds Public Records law does not allow correspondence to public officials to be held from the press and public until the official to whom it is addressed has had an opportunity to receive said correspondence. Therefore, there have been numerous occasions when the press or public has called an official regarding an item on which the official has no knowledge. &Qquested Legisliltiye Actiou: Amend the Public Records Law to allow mail to be held until received by the addressee prior to release to the public and press. Contact: Cynthia Goudeau, City Clerk 8131462-6684 . to -13- I City of Clearwater 19+96 Legislative Program lse: Solicitation at Pons Background: The election law allows solicitation within 50 feet of polling places if done in a "designated solicitation area." The law does not regulate activity outside the 50 foot area. This has caused confusion, and places an unnecessary burden on the poll clerk and poll deputy. Also, more complaints regarding the proximity of the solicitors to the polls are received from voters than any other activity occurring on election day. Support legislation that would prohibit solicitation within 50 feet of a polling place. Q013tact: Cynthia Goudeau, City Clerk 8131462-6684 1 -14- City of Clearwater 1996 Legislative Program L-,=: Regulation of Family Care Homes The City of Clearwater has concerns about the potential impacts of family care homes when improperly regulated. This primarily involves the potential for impacts on the single family residential character of family care homes that serve clients who might typically drive automobiles. The specter of a front lawn converted to a parking lot to accommodate a use statutorily defined as a single family residence conflicts with the positive "community need" intent of the existing statutes addressing family care homes. $equested Legislative Action: t Submit legislation to either regulate the clientele served by family care homes or broaden local authority to regulate impacts to improve compatibility of family care homes with the neighborhoods in which they are located. Contact: Scott Shuford, Central Permitting Director 8131462-6567 -15- City of Clearwater 1996 U-0slative Pragram Lsue: Professional Engineering SPE) Exemption Background; There may be efforts to pass legislation which would remove the municipal exemption and require the sealing by a PE of engineering work by the City in public properties and rights-of-way. The aim of such an administrative rule-making activity is really economic in nature and would attempt to require governmental entities to employ registered engineers or hire engineering consultants to certify all work. Regue5ted Lenislatiye_Action: Oppose legislation that would remove the municipal exemption and require the sealing by a PE of engineering work by the City in public properties and rights-of- way. I Contact: Chuck Warrington, Managing Director, Gas System 8 9 31462-6630 4 Y -16- City of Clearwater 1996 Legislative Program Issue: Construction Industry Licensing Board (CILB) The CILB is attempting to pass legislation which would remove our municipal exemption, as well as the exemption of utility companies in general, to work on facilities on the customer's property beyond the right-of-way. The aim of this administrative rule-making activity is really economic in nature and would attempt to require utilities to employ licensed contractors to do work within the customer's property and premise. The Florida Natural Gas Association (FNGA) is taking a very aggressive role in this rule-making activity together with the Florida Public Service Commission; however, should this fail, it may take legislative intervention to fix what the CILB is in the process of attempting to break. Support the position of the Florida Natural Gas Association to retain utility company and municipal exemptions to work on the customer's property beyond the right-of- way. Contact: Chuck Warrington, Managing Director, Gas System 8131462-6630 -17- 4 City of Clearwater 1996 Legislative Program Mangrove Protection In June of 1995, the Florida Legislature enacted new mangrove protection regulations. As expected, these regulations have created much confusion and controversy, and many large stands of mangroves have been destroyed throughout Pinellas County. It is apparent the regulations need to be reworked. Propose legislation to allow local municipalities to regulate mangroves. Contact: Tom Miller, Assistant Director of Engineering/Environmental 8131462-6593 -18- City of Clearwater 1996 Legislative Program Issue: Fish and Wildlife Action Plan: Increase Enforcement of Environmental Regulations on Tampa Bay Efforts by the Tampa Bay National Estuary Program to protect Tampa Bay's diverse fish and wildlife resources have focused largely on establishing optimum water quality and habitat environments. However, increased enforcement of existing environmental regulations to minimize impacts associated with fishing, boating, and foot traffic in bird rookeries, is also a key priority of the Program's strategic blueprint for the bay. The Salt Water Fishing License Rule, enacted in 1989, was established to identify and collect a user fee from saltwater anglers for the conservation and management of fishery resources. It stipulates that marine research and marine enhancement/habitat restoration shall each receive not less than 30 percent of the revenues collected, and that no more than 30 percent be allocated for marine law enforcement (with no minimum established). Over the past five years, statewide allocations for marine enforcement have averaged about 20 percent, two-thirds of the 30 percent maximum allowed. It is expected that increased enforcement of the bay's fisheries and environmental regulations will improve protection of fish and wildlife, as well as the habitats they depend on. Efforts to bolster enforcement also send a message to resource users and anglers that existing regulations are important, and that the quality of the public's natural resources won't be sacrificed for the illegal actions of a few. Support increased enforcement of environmental regulations on Tampa Bay by revising the Salt Water Fishing License Rule to require that 30 percent of the revenues collected be allocated for marine law enforcement, and that allocations to individual districts-more closely correspond to the amount of revenues collected from a region. Contaci; Tom Miller, Assistant Director of Engineering/Environmental 8131462-6593 -19- City of Cteanvater 1996 Ugi.dative Progrzns Issue: Bay Habitats: Require Mandatory Education for Recreational Boaters More than 700,000 recreational boats are registered in Florida, with about 100,000 of those in the tri-county Tampa Bay region. In 1994, there were 1,017 boating accidents and 74 boating fatalities in Florida. Increasing boating activity also has led to extensive damage and destruction of marine habitats, and killed or insured manatees, sea turtles and other marine animals. Studies by the Florida Department of Environmental Protection (FDEP) estimate that more than one-third of the 25,000 acres of seagrasses in Tampa Bay are scarred as a result of boats that carve through shallow grass flats or run aground and dredge their way free. It is believed that trained and informed boat operators will result in fewer boating accidents and may result in decreased impacts to shallow water habitats and marine animals. Support statewide legislation to require mandatory education of boaters in order to improve boating safety, increase environmental awareness and reduce destruction of bay habitats. The proposed legislation will require boaters to complete an approved boating instruction course or pass a course equivalency exam to operate vessels of 20 hp or more. The education requirements will be phased in. Under the proposal, affected boaters must have completed the course before operating a boat in state waters. Exemptions are provided for boats operated on private lakes or ponds, or persons licensed by the Coast Guard. Contact; Tom Miller, Assistant Director of Engineering/Environmental 8131462-6593 -20- City or Clearwater 1996 Legislative Program 15suee Municipal Right to Expand Utilities Bukgrund: There have been proposals in the past to adopt legislation aimed at precertifying territories in the State of Florida so as to limit municipal rights to expand their utility systems. Passage of any bill like this would limit municipalities' rights in the future, and be contrary to the National Gas Policy Act (NGPA) which was designed to provide increased competition in the utility industry. Passage of such a bill would also severely impair the ability to negotiate a franchise in the future. Requested Legislatimte_Action; Oppose legislation aimed at precertifying territories in the State of Florida so as to limit municipal rights to expand their utility systems. Contact, Chuck Warrington, Managing Director, Gas System 8 1 3146 2-6630 -21- 4 City of Clearwater 1996 Legislative Program Issue: Public Service (Utility) Tax Fuel Cost During the OPEC oil embargo of 1973, when world energy prices were rapidly increasing, the Florida Legislature enacted F.S. 166.231(1)(b) to limit municipal utility taxes on electric and gas to the October 1, 1993 fuel cost level. This was done to protect the utility customers from rising utility taxes caused by the world energy situation, and to prevent a windfall increase in utility taxes for municipalities. Interestingly, no similar limitations were enacted on State sales taxes which, likewise, increased as a result of fuel costs. The fuel cost changes which originally precipitated this rule have been stable for a number of years now. Also, this exclusion is very difficult to calculate in the billing formulas and makes it difficult to explain to the customer how their utility tax rate is computed. Support legislation to remove the existing exemption. Contact; Margaret Simmons, Finance Director 8131462-6930 Chuck Warrington, Managing Director, Gas System 813/462-6630 -22- City of Clearwater 1446 Ugisiative Program Issue: Municipal Taxing Authority Currently, marketers of natural gas around the State are avoiding the payment of utility tax on molecules of gas which are sold out of State and transported to end- use customers in the municipal area. The basic argument is that the utility tax can only be collected from the utility for the transportation services component of the bill which they render, but the marketer or producer of the gas is outside the jurisdiction of the utility tax law. This is affecting significant revenues in the Jacksonville area. This problem will soon expand beyond the natural gas utility area, and will begin affecting the electric utility industry which is currently undergoing Federal unbundling legislation. This could seriously jeopardize municipal taxation in the next decade if not addressed by municipalities at the outset. Support legislation which insures that cities are not bypassed on utility taxation authority due to recent and coming deregulation of the natural gas and electric industries. Contact; Chuck Warrington, Managing Director, Gas System 8131462-6630 -23- n City or Clearwater 1996 Legislative Program Lmm- High-Mast Lighting: Operating and Maintenance Cost Background: Local municipalities are responsible for the operating and maintenance cost associated with high-mast fighting when they are on a facility which is not declared a limited facility'. The City of Clearwater has experienced situations in which Florida Department of Transportation has handled a roadway as limited access for some purposes, but not for ascertaining who would be responsible for operating and maintenance cost. RQguested Legislative Actipn: Support legislation that requires once a roadway is treated as a limited access facility, it be so classified for all purposes. Gontact: Rich Baier, City Engineer 8131462-6042 -24- Cily or Clearwater 1996 Legislative Program Issue: Solid Waste Collection, Disposal & Recycling New legislation now limits the extent that local governments can control the flow of recovered materials (recyciables) generated within their jurisdiction. Legislative infringement upon a municipality's ability to maintain a cost-effective solid waste collection system seriously hampers a municipality's fiscal responsibilities to its citizenry. The City is supportive of recycling efforts and is supportive of businesses who recycle their own materials; however, random placement of containers within our City by private companies only degrade the cost effectiveness of solid waste collection and serves to raise the cost of providing these services to citizens. Oppose solid waste legislation which would further weaken home-rule powers and restrict a municipality's right to regulate the collection and disposal of residential and commercial refuse within the City. In addition, given the flow-control restrictions imposed by the 1993 changes to the Solid Waste Management Act, oppose any legislation which would impose higher recycling mandates upon cities until a reliable reporting and accounting system is in place and sufficient data collected and evaluated to determine the impact of recent flow-control legislation upon local government. contact: Bob Brumback, Solid Waste Director 8131462-6657 -25- City or Clearwatcr 1996 Legislative Program C Definition of Recovered Material Background: Florida Department of Environmental Protection (FDEP) has submitted to the Governor's office proposed statutory revisions regarding waste reduction/recycling. The . main problem with the proposed legislation is the revised definition of "recovered materials" includes food waste. By expanding the definition in this manner, the entire solid waste stream will be open to private companies, and regulation of that waste stream will be denied to municipalities and counties. This leaves the municipality with the statutory responsibilities of health, welfare and safety, yet denies them the authority to control the solid waste stream. This could mean the entire commercial garbage program could be stripped from a municipality, leaving them only the single family and multi-family portion, which is the most costly'to operate and administer. Requested LegislativeActiam Oppose legislation that would include "food waste" in the definition of "recovered materials." C tact: Bob Brumback, Solid Waste Director 8131462-6657 -26- City cif Clearwater 1996 Legislative Pragrain Issue: Handicapped Parking Permits The current system for issuing handicapped permits encourages misuse of the permits. Applicants for the permits must present a certification of disability signed by a licensed physician that says the driver suffers from one of seven specific physical disabilities. Critics of the system point to several flaws, such as, too easy to get a physician's certification, lack of proper verification by the DMV of the motorist's disability certification, poor policing of illegally displaying someone else's permit and lack of education/communication about the penalties of abusing the system. As a result of this fraudulent activity, there are fewer parking spaces available, especially for those who truly are handicapped, as well as a loss of parking meter and citation revenue. HDAue„sted Legislative Action: Amend Section 320.0848(6), E.S., to require a photo identification system (similar to the State Driver's License) on each permit, establish stricter guidelines to review all physician certifications to ensure they are legitimate, involve the medical community to understand the extent of the abuses, raise the fine from $105 to $500 for illegally using a permit and educate the public about these abuses by adding information in the State Driver's Handbook. Contacts Rich Baier, Engineering Director 8131462-6042 -27- City of Clearwater 1496 Ugixlative Program issue: Sale or Retitle of Vehicle with Unrebuildable Titles It should be unlawful for any person to rebuild a vehicle which has been titled as unrebuildable with the intent to sell the vehicle or retitle the vehicle elsewhere, or to knowingly enter into a scheme to rebuild or retitle a vehicle that has a Florida unrebuildable title, or should have an unrebuildable title, with the intent to sell the vehicle elsewhere or to transfer ownership to a third party who has the intent to resell or retitle the vehicle elsewhere. The purpose of stricter legislation is to protect consumers from unknowingly purchasing vehicles that have been damaged to the extent that the vehicles would be considered unsafe or that they may become unsafe due to such damage, such as flood damaged vehicles, where corrosion of the electrical system takes time to become evident but which would cause safety systems to become inoperable. Amend the Florida Statutes so that it would be illegal for any person to repair a vehicle with an unrebuildable title with the specific intent to retitle and sell the vehicle in another state. Contact: Sid Klein, Police Chief 8131462-6330 -28- City of Clearwater 1996 Legislative Prograrn W a: Special Master: Procedures and Powers BackyrQund' Chapter 162, Florida Statutes, authorizes a special master to hold hearings and assess fines against violators of county or municipal codes. While there are specific references to procedures and powers of the code enforcement board, there are none stated for special masters. It may be reasonable to assume that a special master has these same powers, but it is requested that Chapter 162 be amended to provide clarification. Requested Legislative-A- ct'on. Amend Chapter 162, Florida Statutes, to clarify the powers and procedures of the Special.Master. Contact: Lt. Jeff Kronschnabl, Special Assistant to the City Manager, Community Response Team 813/462-6566 -29- City of Clearwater 1996 Legislative Prograin I u? Cost Recovery for Code Cases Successfully Prosecuted Before County Court In 1995 the State Legislature adopted an amendment to Chapter 162, Florida Statutes, which provided for the recovery of costs for successful prosecution of cases before the Municipal Code Enforcement Board and Special Master. It did not, however, address prosecution of cases through the County Court System. Recovery of these costs would allow the various code enforcement agencies of the City to use these funds to further it's code compliance programs. Cost recovery will reduce the burden to taxpayers who are in compliance with codes and not using code enforcement resources. Propose legislation to amend Chapter 162, Florida Statutes, regarding recovery of costs of successful prosecution of cases to include prosecution through the County Court System. Contact: Lt. Jeff Kronschnabl, Special Assistant to the City Manager, Community Response Team 8131462-6565 -30- City of Clearwater 1995 Legislative Program Florida Single Audit A single audit for grants from the State level to local governments and not-for-profit organizations would not only enhance the audit process, but create efficiencies that are otherwise not obtainable via multiple individual audits. This process has already achieved success and acceptance with Federal grants and could easily be applied to State grants. Requeggled Legislative Action: Propose legislation which provides a single audit act for the grants from the State level to the local governments and not-far-profits. cogtact: Margaret Simmons, Finance Director 8131462-6930 -31- City of Clearwater 1996 l.e:gislative Program Issue: One-Call Bill Legislation Background: Efforts are underway at both the Federal and State levels to pass more stringent legislation to require proper notification of the intent to dig by all parties. The American Public Gas Association (APGA), the American Gas Association (AGA), the Florida Natural Gas Association (FNGA), and many other utility groups are very supportive of such legislation. Requested Legislative ctipn: Support legislation which improves enforcement of the requirement to obtain utility locations before digging. Contact: Chuck Warrington, Managing Director, Gas System 8 1 3!462-6630 -32- City of Clearwater 1996 Legislative Program F f Re ? 38 LEGISLATIVE ISSUES Advertising Public Hearings - Amend advertising requirements to allow alternatives, such as direct mail of notices and posting of property, in lieu of placing advertisements in newspapers. Regulation of Bingo - The City urges consideration of legislation that would regulate bingo, limiting it to true not-for-profit charities. Funding for Programs Being Shifted from the Federal Level - The City has, serious concerns that as the Federal Government shifts programs to the State level, the State level will, in turn, delegate programs to the local level without providing the necessary funding for same. i2e = 38 City of Clearwater 1996 Legisiative Program 12sue: Advertising Public Hearings Current law contains various requirements for notification of public hearings. Among those requirements is the placement of legal ads in a newspaper of general circulation. In our surveys, we have found few that rely on these legal ads for their information. Most people are aware of the public hearings due to the notices mailed to property owners within so many feet of the subject property or the posting of a notice on the property. Due to the need to control cost, many cities have placed their required advertising in the paper that meets the minimum legal requirements at they lowest rate, not the paper that has the greatest circulation. Amend. advertising requirements to allow alternatives, such as direct mail of notices and posting of property, in lieu of placing advertisements in newspapers. Conte Cynthia Goudeau, City Clerk 8131462-6684 Clearwater City Commission Agenda Cover Memorandum SUBJECT: THIRD FLOOR HARBORVIEW CENTER r? Item 0 Meeting Date: _ 1111Gt9j__ RECOMMENDATION/MOTION: Approve a restructuring of the third floor of the Harborview Center to increase the size of the catering kitchen and finish out the remaining 4,000 square feet for management by Globe Facility Services (GFS) for a banquet area. ® and that the appropriate officials be authorized to execute some. BACKGROUND: In the initial design of the third floor of the Harborview Center, a food handling kitchen and a full restaurant kitchen was envisioned. As we got closer to opening and more events were booked, it was determined that a full cooking and catering kitchen was necessary along with the restaurant kitchen to meet the catering needs of the Center. City staff has re-evaluated the third floor area in the Harborview Center and with the consultation of GFS has determined that a larger space for the catering kitchen is needed. We have also had a very large demand for the windowed 4,000 square foot area to be rentable space as opposed to a fixed restaurant. We believe that if a restaurant is needed at a later date, one could be constructed. This gives the Center the most potential for flexibility, rentable space, and income. The budget for this project was $600,000 in total. We anticipate this change may save $100,000. Attached is a potential revenue for a year from a conservative estimate which is twice the anticipated revenue from a leased restaurant. With Commission approval, we will have Dean Rowe design a larger catering kitchen and finish out the remaining space under the cost already approved for the catering kitchen and the restaurant. Rev] ested by: Originating Dept: Costs: Commission Action: legal N/A Cit M?nagar Total 13 Approved Budget N/A N/A Purchasin 13 Approved w/conditions g Risk Mgmt. N/A / User Dept: Current Fiscal Yr. ? Denied N/ Cis -W ? Continued to: ACM Funding Source: other ? Capital Imp. Advertised: ? operating Attachments: Date: i1 other Catering Estimate Paper: ® Not R ired equ submitted by: Affected Parties ? Appropriation Coda: ? None Notified ® Not Required _Ci fan7 er 3?1q CATERING ESTIMATES ON NEW BANQUET SPACE The following numbers are based on our best effort estimates from experience. These estimates assume a professional exclusive catering arrangement. ASSUME 365 DAYS: Eveflis Number Per Head Pax S21U Breakfast{s} 50 @ $ 10.00 150 Pax $ 75,000 Lunches 80 @ $ 15.00 150 Pax $180,000 Dinners & Weddings 100 @ $ 20.00 200 Pax $400,000 GROSS SALES: $655,000 lYT„T? CROSS, SAS *COMMISSI HA,BORVIEW HEYE1, $655,000 @ 20%d - $ 131,000 $655,000 @ 18% - $ 117,900 $655,000 @ 15% = $ 98,250 * Average commission yet to be determined. cc: Mani Costa Mich Sauers KRGST. A_ November 10, 1995 The Clearwater Commission 112 South Osceola Avenue Post Office Box 4748 Clearwater, Fl. 34618-4748 ?Ze = YO City of Oldsmar COPIES TO: COMMISSION NOV 14 1995 Pecos CLERK / ATTORNEY Dear Mayor, Enclosed please find Resolution N(. 95-40equesting that the Governor of the State of Florida and the Pinellas County Legislate legation make every effort to persuade the Florida Legislators to revise Chapter 791, Florida Statutes, by amending Section 791.05 and 791.07 concerning the sale of fireworks; providing for an effective date. Sincerejy Yours, Keiri S. Haley, Records City of Oldsmar Enclosure COUNCIL-MANAGER GOVERNMENT P.O. BOX 100, OLDSMAR, FLORIDA. 34677 0 (813) 855-4693/SUNCOM 552-7550 ¦-.. RESOLUTION NO. 9540 A RESOLUTION OF THE CITY OF OLDSMAR, FLORIDA REQUESTING THAT THE GOVERNOR OF THE STATE OF FLORIDA AND THE PINELLAS COUNTY LEGISLATIVE DELEGATION MAKE EVERY EFFORT TO PERSUADE THE FLORIDA LEGISLATORS TO REVISE CHAPTER 791, FLORIDA STATUTES, BY AMENDING SECTION 791.05 AND 791.07 CONCERNING THE SALE OF FIREWORKS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Oldsmar, in the best interests of its citizens who reside within the City limits, and in the City Fire Protection service area, provides fire protection service through the establishment of a Fire Department; and WHEREAS, the City Council of the City of Oldsmar has grave concern for the safety of its residents caused by the sale and use of illegal fireworks; and WHEREAS, Chapter 791, Section 791.07, Florida Statutes, inadequately addresses this issue by allowing the sale of fireworks for agricultural, fish hatchery, quarrying, blasting and other industrial uses, which permits fireworks dealers to circumvent Florida statutes by placing the liability for such sales onto the consumer; and WHEREAS, Chapter 791, Section 791.05, Florida Statutes, designates the sheriff or his appointee, or any other police officer to seize illegal fireworks, and should also include the designation of Certified Fire Inspector, in an effort to control the illegal sale and use of fireworks. NOW, THEREFORE, BE IT RESOLVED BY THE CTTY COUNCIL OF THE CITY OF OLDSMAR, FLORIDA, as follows: Section 1 - The City Council of the City of Oldsmar does hereby request and petition the Legislature of the State of Florida to amend Chapter 791, Florida Statutes, by eliminating the exceptions contained in Section 791.07, and by amending Section 791.05, designating that Certified Fire Inspector be added to the sheriff and police officer having authority to seize illegal fireworks, in an effort to control the illegal sale and use of fireworks. Section 2 - A copy of this Resolution be transmitted to the Office of the Governor of the State of Florida, Pinellas County Legislation Delegation, Florida League of Cities, and all Pinellas County municipalities to seek similar support. I 1e n - This Resolution shall be in full force and effective immediately upon its adoption and approval in the manner provided by law. PASSED AND ADOPTED BY THE CITY COUNCIL OF VIE CTTY OF DSMA session duly and regularly assembled this day of 1995. erald erlan ayor ATTEST: (Seal) 1 i D. Morte&on, City Clerk APPROVED AS TO FORM: Bryan A. Kutchins, City Attorney PRELIMINARY AGENDA Clearwater City Commission Worksession - Monday, November 13, 1995 following closed attorney /client session & CRA - attorney/client session begins at 1:00 P.M. Clearwater City Commission Meeting - 6:00 P.M. - Thursday, November 16, 1995 Service Awards Convene as Pension Trustees Reconvene as Commission j%;j 2 - 1. p"trc41C.ts-e ?ckr?e 1 q5 •S. ?ee p,,,, GS GENERAL SERVICES 1. Contract to purchase generator service 1 maintenance to Diesel Energy Systems, Inc., Largo, FL, for the period 1211195-9130/97, with 3 one-year renewal options, for $52,275.06 (Consent) HR HUMAN RESOURCES 1. Extension of contract for physical examinations and other medical services, with Family Care Centers Walk-In Clinics, Largo, FL, for the period 111 /96-12131198, for an est. $88,340 (Consent) IM INFORMATION MANAGEMENT 1. C-View Task Force PW PUBLIC WORKS 1. First Reading Ord. #5940-95 - establishing rates for residential & non-residential reclaimed water service to Island Estates, Memorial Causeway & Clearwater Beach and amending various sections of the Code by referencing reclaimed water service EN ENGINEERING 1. C.O-#2 to 1995 Gunite Restoration Contract to Infrastructure Services, Inc. ! ISI Operating Corp., Franklin, TN, increasing the amount by $47,880, for a new total of $404,071 and approve a time extension of 20 days {Consent) 2. Contract for Clearwater Harbor Directional Drill Force Main & Gas Main Installation to Hall Contracting Corp., St. Petersburg, FL, for $2,697,109.30; and approve C.O.#1 reducing the contract amount $480,322.72 for a new total of $2,216,786.58 CP CENTRAL PERMITTING 1. Public Hearing & First Reading Ords. #5856-95 & #5857-95 - Land Use Plan Amendment to Institutional & MPD Zoning for property located at 1221 & 1256 Bay Ave., 323 & 325 Pinellas St., and 1225 Reynolds Ave., Westover Sub., Blk B, Lots 1, 2 & 17, C. Perry Snell's Bluff View Ct., Lots 22-24, and S. J. Reynolds Sub., Lot 8 (Morton Plant Hospital Association, Inc. and Evmorphis M. Kralis, LUP95-13, Z95-02) 2. Public Hearing & First Reading Ord. #5909-95 - Amending Secs. 28.10 & 44.08 to delete the requirement that signs on vending machines be regulated as wall signs 11/13/95 1 3. Public Hearing & First Reading Ords. #5922.955, #5923-95 & #5924-95 - Annexation, Land Use Plan Amendment to Industrial Limited & 1L Zoning for property located at 2021 Sunnydale Blvd., Clearwater Industrial Park, part of Lots 6 & 7 (Morgan Tire & Auto Inc. and Don Olson Tire & Auto Centers, Inc., A95-23, LUP95-28) 4. Public Hearing & First Reading Ords. #5926-95, #5927-95 & #5928-95 - Annexation, Land Use Plan Amendment to Residential Low & RS-4 Zoning for property located at 7 Dorado Place, Sec. 24-29-15, M&13 11.07 (Roy S. & Renae Sachse, A95-24, LUP95-29) 5. Public Hearing & First Reading Ords. #5929-95, #5930-95 & #5931-95 - Annexation, Land Use Plan Amendment to Residential Urban & RM-8 Zoning for property located at 20162 US19, Sec. 18-29-16, M&B 44.04; and Approve a Transfer of Development Rights from Parcel 2 (Sec. 18- 29-16, M&B 44.04) and Parcel 1 (Sever Park, part of Lot 3) to the "main" motel site (Sever Park, all of Lot 2) (Asa J. & Katherine G. Lewis, A95-25, LUP95-30) 6. Public Heaing & First Reading Ord. #5932-95 - RS-6 Zoning for property located at 2370 Dora Dr., Rolling Heights Sub., Lot 68 (Thomas E. & Helen J. Vernon, Z95-09) 7. Public Heaing & First Reading Ord. #5933-95 - RS-6 Zoning for property located at 601 Dora Dr., Rolling Heights Sub., Lot 21 (Frank J. & Minerva B. Antoniello, Z95-10) 8. Public Heaing & First Reading Ord. #5934-95 - RS-8 Zoning for property located at 1404 Orange St., Sunny Park Groves, Blk G, Lot 17 (Carl B. & Rachel J. Lowe, Z95-1 1) 9. Public Heaing & First Reading Ord. #5935-95 - RS-6 Zoning for property located at 1761 Cardinal Dr., Pinellas Terrace, Lot 68 less S 3' (Gerald L. & Christine M. Penhollow, Z95-12) 10. Public Heaing & First Reading Ord. #5936-95 - RS-6 Zoning for property located at 2353 Dora Dr., Rolling Heights Sub., Lot 8 (William R. Moberley, Z95-13) 11. Public Heaing & First Reading Ord. #5937-95 - RS-6 Zoning for property located at 2377 Dora Dr., Rolling Heights Sub., Lot 12 (Beulah C. Bailey, Z95-14) 12. Public Heaing & First Reading Ord. #5938=95 - RS-8 Zoning for property located at 1700 El Trinidad Dr., Virginia Grove Terrace, Blk 2, Lot 1 (Stephen M. Dutzar, Z95-15) 13. Public Hearing & First Reading Ord. #5946-95 - Clearwater Beach Planned Development District Zoning for property located in City Park Sub., part of Lot 7, 0.67 acre located on E side of Poinsettia Ave., in center parking isle of the Memorial-Civic Center Parking Lot, Sky Tower, L.C. site (City / Grogan, Z95-17) 14. Varlance(s) to Sign Variances for property located at 2545 NE Coachman Rd., Sec. 7-29-16, M&B 11.05 (Decade Companies Income Properties / Town Place Apartments, SV95-44) 15. Receipt/Referral - proposed Ordinance to amend Secs. 21.10 & 42.35 to provide for temporary storage of recreational vehicles for lodging purposes at the Harborview Center (Consent) 16. Petition for Contraction/De-annexation for 3001 Sunset Point Rd., Sec. 4-29-16, M&B 23.03, 0.63 acres m.o.l. (Roetzer, A93-30, LUP93-41) 17. Authorize modification of streetscape previously installed by the City and the CRA, 500 block of Cleveland Street 18. Authorize City Manager to negotiate with property owners to prepare a Development Agreement regarding Vogel Property, Landmark Drive, located south of Enterprise Road & east of proposed Landmark Drive extension; Refer to Clerk for advertisement for public hearings when City Manager determines agreement is ready for public consideration CM ADMINISTRATION 1. Summer Youth Employment Program - final report's recommendations 2. First Reading Ord. #5944-95 - Granting to Florida Power Corp. a non-exclusive electric utility franchise to occupy municipal streets and rights-of-way in the City, for the purpose of providing electric and power services; prescribing the terms and conditions accompanying the grant of franchise; providing for severability of provisions; for a period of 30 years 3. Contract for purchasing Chamber of Commerce Building 11!13195 2 CLK CITY CLERK 1. Advertising in Beach Views 2. Appoint Commission members to regional & misc. boards 3. 1996 Legislative Package CA LEGAL DEPARTMENT Second Reading Ordinances 1. Ord. #5943-95 - extending cable franchise agreement with Time Warner Entertainment- Advance/Newhouse Partnership to 2/1/96 OTHER CITY ATTORNEY ITEMS City Manager Verbal Reports a. Direction re MPO's plan to install flashing signals at various locations Commission Discussion Items a. Clearwater Beach Tourism Internet b. City Attorney report to City Manager Other Commission Action Adjourn 11 /13/95 3 TO: Mayor Rita Garvey FROM: Betty J. Blunt, Confidential Clerk Receptionist COPIES: City Commissioners, Betty Deptula, Cyndie Goudeau SUBJECT: Presentation at the November 13, 1995 Work Session DATE: November 13, 1995 The following presentation will be made at the November 13, 1995 Work Session. Craig Reeves, Public Works (letter of appreciation and pin with city seal) 14 years Michael Hancock, Marine Department (letter of appreciation and a desk clock) , ,I.ula Brooks, Parks & Recreation (letter of appreciation and as wall clock) Employee of the Month for November, 1995 is Charles Porthouse, Parks and Recreation Department. 11/00/95 18:32 XP1810 IIS IS] OUTGOING *** Via Facsimile 462-6488 *** IM002/003 Cpl 3001 Sunset Point Road Clearwater, FL 34619 November 9, 1995 724-3664 (home) 588-1652 (office) City of Clearwater -4? (? I Cynthia Goudcau, City Clerk P. O. Box 4748 Clearwater, FL 34618-4748 C`'? RE: Petition for contraction (A93-30) ? 1 Dear Cynthia: Attached you will find a copy of a letter my wife Carolina and I received at our home Tuesday, November 7, 1995 from Clearwater Associate Planner Etim Udoh, informing us our request to be taken back out of City limits would be considered by the Commission Thursday, November 16th. We respectfully request rescheduling tentatively to the December 7,1995, or the January 4, 1996 meeting since we've had insufficient time to arrange my wife's work schedule for her to be present. Caroline is a flight attendant which of course means she is out of state for several days in a row during the month. She will not be home Thursday, November 16th. Since she is a party to our request, and is a joint property owner as much as I am, she would like to be present to speak with our Commissioners and be available for questions. She bids her work schedule each month for the upcoming month's schedule. Thus, she has already bid for December's schedule and will find out her schedule for-December on or about November 23rd. At that time, we will know if she will be at home December 7th. if not, she could bid her January schedule specifically with the request to USAir that she be off January 4111. Although there's no guarantee USAir would grant the request, we'd have a greater chance of being successful. Your consideration would be greatly appreciated. Please call me if we can be accomodated at either number above. Thank you again. Very trul yours, Christopher G. Roetzer c:%wpwi olchri slvarMc8.doc RECEIVED N OV 13 1995 CITY CLERK DEPT. r(. I 11/09/96 19:33 `$1816 IIS ISI OUTCOINC Q003/003 C I T Y OF C L E A R. W A T E R POST OFFICE BOX 4749 CLEARWATER, FLORIDA 34618.4748 November 3, 1995 Mr, Christopher G. Roatzer & Mrs. Caroline K. Roetzer 3001 Sunset Point Road PETITION FOR CONTRACTIONIDE-ANNEXATION (A 93-30 & LUP 93-41) Dear Mr. & Mrs. Roetzer: Please be Informed that your request for Contraction/De-annexation of your property at 3001 Sunset Point Road will be going to the City Commission on November 16, 1995 for public hearing. The meting will be held at the City Commission Chambers on the Third Floor at 112 South Osceola Avenue. Tho meeting will start at 6:00 p.m. You are expected to attend this hearing. If you have any questions, please contact me at (813) 462-6567. Sinc=,e- EtIm S. Udoh Associate Planner reotzer.de %Z 4W 1211 114 "Equal fwmployment and Affirmative Action Employer" G.. ?/? rQ ola/ u c s/cs, a F' 77 . CITY OF CLEARWATER lQco.w"swo[?RT•y; •7? ya?r Inlerdepartmental Memorandum / ?Uo v, i-3 • _? RFCE1V ED ADNIOS-o2 TO: BettDeptula, City Manager OCT 2 p 1955 FROM: aMiller, Assistant Director of Engineering/Environmental E,II'Y MANAGER COPIES: Rich Baier, City Engineer COPIES 7.0, Scott Shuford, Director of Central Permitting COMMISS10t4 DATE: October 19, 1995 OCT 2 4 1995 AR1=5s SUBJECT: Environmental Advisory Board (EAB) Matters CLERK / ATTORNEY Please be advised that on October 18, 1995, the Environmental Advisory Board (EAB) unanimously endorsed for City Commission approval, the following matters which have been submitted for Commission approval at an upcoming Commission meeting: 1. Control of Exotic Plants on City Owned Lakes acid Ponds. 2. Water Quality Monitoring, Joint Funding Agreement Between the USGS and Clearwater. 3. Coopers Point Habitat Restoration and Management Plan, Cooperative Funding. Furthermore, at the September 20, 1995 EAB meeting, now confirmed in the minutes of October 18, 1995, the EAB recommended to the City Commission "that the City of Cleanvater consider having a Comprehensive Plan evaluation and monitoring committee as a standing committee, using information provided by the City of Dunedin as a guide, by the end of the 1995 calendar year. " The motion was unanimously approved by the Board. Attached are copies of the information provided by a member of the Board that led to this action. Please consider these matters and advise Staff on any necessary action to inform the City Commission. ADOPTED B Y L A W S COMPREHENSIVE PLAN EVALUATION & MONITORING COMMITTEE ARTICLE 1: NAME & LOCATION Section 1: Name. The name of this committee shall be the Comprehensive Plan Eva.luation_& Mo3itorina Committee known hereinafter as the I 1 "Committee". E Section 2: Location. There being no principal office for the Committee, the Planning Division offices shall be so designated for the purposes of correspondence and telephone services. ARTICLE II: RESPONSIBILITIES Section 1: Committee The Committee is organized to assume the Responsibilities. following responsibilities: 1. Periodically, but not less than once annually, evaluate the implementation of Comprehensive Plan's goals, 'objectives and policies. 2. Periodically, but not less than once annually, report the progress of implementation and make recommendations to the City Commission. 3. Keep the Local Planning Agency informed of the committee's activities and findings. 4. Recommend to staff, where appropriate, measures that will further promote the comprehensive Plan's timely implementation. 1 =0 z• Section 2: Staff City of Dunedin staff shall provide the Responsibilities. Committee the following support: 1. Assist in the preparation of agendas and meeting minutes, 2. In conjunction with the city clerk and the committee assist in the preparation of agenda packages for presentation to and action by the City Commission, and 3. Provide secretarial and administrative services. ARTICLE III,: ORGANIZATION & PROCEDURES Section 1: composition. The Committee shall be composed of members appointed by the City Commission. A member must be a resident of the City of Dunedin. The Committee should be comprised from a balanced cross section of business, professional and community-minded persons. section 2: Appointment. Members of the Committee shall be appoint- ed by the City Commission of the City of Dunedin. Section 3: Authority. Control of the affairs of the Committee shall be vested in the members of the full Committee. Section 4: Size. The Committee shall consist of seven (7) members. Section 5: TBxm. Members shall be appointed for an indefi- nite term. Any vacancy occurring in the Committee shall be filled as provided for in Article III, Section 1 above. 2 1 Section 6: Meetings The Committee shall hold regular meet- and-penalties. ings as it shall determine appropriate .from time to time and at such location as it shall specify. Any.member who fails to attend three (3) consecutive regular meetings or fails to attend three (3) meetings called by the Chairperson shall forfeit his or' her office automatically upon the occurrence of the third failure of attendance. The city commission may reappoint any such person automatically forfeiting his or her membership if the city commission finds and determines that extenuating circumstances caused the three (3) absences. Section 7: Quorum. A quorum shall consist of four (4) members of the Committee. section 8: All resignations shall be tendered to Resignations. the Chairperson of the Committee in writing. Section 9: The proceedings of all meetings of the Parliamentary Rules. Committee shall be governed by and con- ducted according to the latest edition of Roberts Manual of Parliamentary Rules. ARTICLE IV: OFFICERS Section 1: Election. At the first meeting of the Committee, a Chairperson and Vice-Chairperson shall be elected for a term of one year. section 2: Chairperson. The Chairperson shall preside at all regu- lar and special meetings. The Chair-- person, or a designee, shall make any formal presentations to the city commission or other body, determine any ad hoc committees and shall execute any .official correspondence of the Committee. 3 V I Section 3: Vice-Chairperson. The Vice Chairperson shall serve as first assistant to the Chairperson performing those duties of the Chairperson when absent and shall perform other such duties as may be-assigned. ARTICLk V: BUDGET section 1: B_udaet_. Any monies required to sustain the committee for any fiscal year shall be appropriated by the city commission of the City of Dunedin. ARTICLE VI: 'AMENDMENTS Section 1: Procedure. The Bylaws of the Committee may be amended by a majority vote of the full, Hoard at any monthly or special meeting. 4 i, 1 RESOLUTION , 1--- d A RESOLUTION ESTABLISHING THE COMPREHENSIVE PLAN EVALUATION AND MONITORING COMMITTEE; PROVIDING FOR MEMBERSHIP; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR ORGANIZA- TIONAL STRUCTURE; PROVIDING FOR DUTIES; PROVIDING FOR REPORTING RESPONSIBILITY; PROVIDING FOR RECORD KEEPING; PROVIDING FOR THE INCORPORATION OF CITY ORDINANCES OR RESOLUTIONS AS AMENDATORY HERETO; PROVIDING THAT THERE IS NO PROPERTY RIGHT IN SUCH OFFICE; PROVIDING FOR A REVIEW BY THE CITY COMMISSION TO CONTINUE THE COMMITTEE'S EXISTENCE; REPEALING RESOLUTION 89-12 AND INCONSISTENT RESOLUTIONS AND PROVIDING FOR AN.EFFECTIVE DATE HEREOF. WHEREAS, the Florida Legislature has adopted the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 which mandates that the Local Planning Agency shall monitor and oversee the effectiveness and status of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Dunedin, Florida, encourages the broadest citizen participation in the implementation of the Comprehensive Plan, now therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF IDUNEDIN, FLORIDA, IN SESSION DULY AND REGULARLY ASSEMBLED: SPECIAL PROVISIONS Section 1. 'Committee Established. That the City 'SFFICE OF ifYATMFiNEY _41y d Dunod In 750 MihmII;N AMonue pun40in, Florida 34M lCommission of the City of Dunedin, Florida, hereby establishes ja citizens committee to assist the City Commission as is (hereinafter set forth. This-citizens committee shall be named .. In i the Comprehensive Plan Evaluation and Monitoring Committee. The committee, once established, 'shall continue in existence until further resolution of the City Commission. Section 2. Committee 'Duties. The Committee shall be advisory to the City Commission and to the City Manager and his staff. The primary duties of the Committee shall be to evaluate and monitor the implementation of the Comprehensive Flan and make periodic but not less than annual recommendations and reports to the City Commission., The Committee may initiate such efforts and investigations as it deems appropriate in order to properly inform itself and to'provide the greatest degree of assistance to the City Commission,' the City Manager and his staff and the public. GENERAL PROVISIONS OFFICE OF* THE CITY ArMfiNEY City oI ourwdIn 750 Mii"ulw Norma Duman, Florida 3.1041! Section 1. Membersh12 Terms. The Committee shall consist of seven (7) members, who serve for terms of three (3) years. All members of the Committee shall be residents of the City of Dunedin and shall be appointed pursuant to resolution 88-15 as it now exists or as it may hereafter be amended. No person shall be eligible for appointment who currently serves on two or more City boards or committees unless such person resigns from a board or committee prior to or coincident to commencing service to the Committee. The initial appointments shall be four(4) members for three years and three (3) members for two t ? 1 I r 7 years. All subsequent appointments shall be for three year terms. The City Commission may in its discretion from time to time, name ex officio members to the Committee as it deems appropriate. Ex officio members may participate in all meetings but shall not vote. The City Commission may name two (2) members as alternate members to serve in the absence of a regular member for the purpose of establishing a quorum. The choice of alternate members to serve in the absence of a regular member shall be done on an alternating basis. Appointment of an alternate member shall be for a three year term. Section 2. Organization; Quorum. The members of the Committee shall select from their own membership a Chairman, a Vice Chairman and Secretary for a term of one year and the Committee shall organize itself as it deems proper in order to appropriately carry out the duties assigned to it, including the enactment of rules of procedure. Roberts Rules of Procedure, Newly Revised shall be used for procedural rules in the absence of the adoption of alternative procedures. A majority of regular members of the Committee shall constitute a quorum necessary for the conduct of business of the Committee and meetings shall be held at the call of the Chairman, or in his absence the Vice Chairman or at the call. of a majority of members of the Committee or the City Manager. The Committee shall meet as often as necessary to achieve its goals and perform its duties but • shall meet not less often than quarterly. Section 3. Records; Meetings. All records and minutes of the Committee shall bd filed with the City Clerk and shall be subject to the Public Records -Law, Chapter 119 F.S. All such OFFICE OF: records shall be retained as is otherwise designated by the City r - -I Y A 7011NEY .01ounedIn Manager. The Committee will receive such support from the City 7yu,Aih,auM* Arrnua Dunedin, Mnda 3.1698 oFRCE OF' THE WY ATTORNEY City of duned In 750 M1"ulw AM K+w Dunsdln. Florida 3-W8 , . Manager's staff as is available through coordination with the office of the City Clerk or the office of the City Manager. All meetings shall be open to the public and shall be conducted in a manner that is consistent with Chapter 285 F.S. The meetings shall be held at such times and places as will make them accessible to members of the public. It shall be the obligation of the chairman to inform the City Clerk of the time and place of meetings so that notices of such meetings can be properly posted or otherwise disseminated. Section 4. Reimbursement of Expenses. Members of the Committee shall serve without compensation but shall be reimbursed for any necessary and reasonable expenses incurred in the conduct of the business of the Committee, if such expenses have received approval,by the City Commission prior to their expenditure. Section 5. Reports. The Committee shall, not less often than once a year, make a written report to the City Commission. The written report shall detail the accomplishments of the Committee for the preceding year and the Committee's current and future projects and goals. This report shall be submitted by March 31st each year. At the Committee's option the Chairman of the Committee or such other person as the Committee shall designate may make a personal report to the City Commission; in such event the City Clerk shall advise the Chairman of the Committee when such report has been placed on the agenda of the City Commission. The Chairman shall report to the Commission on the t r work of the Caminittee, on any problems or concerns that the committee is experiencing and on the current and future projects that the Committee desires to undertake. The report shall constitute a time for the Committee and the Commission to discuss any matters of mutual concern relative to the duties or goals of the Committee. Section 6. Compliance with Ordinances. The Committee shall comply with and abide by all ordinances or resolutions of the commission that are generally applicable to the Boards and Committees of the City of Dunedin. The City Clerk and the chairman shall coordinate to insure that the Chairman is aware of all such generally applicable ordinances or resolutions and the Chairman shall make these matters known to the members of the Committee at the, earliest available opportunity. 'Such matters shall include but, not be limited to attendance requirements, voting procedures, abstention from voting, filing of notices of conflict, the requirements of laws regarding ethics in the conduct of the public business, removal from office of members and similar matters of general concern. All existing or future ordinances or resolutions generally applicable to the Committee shall be deemed to be incorporated herein and by reference made a part of this resolution. Section 7. A ointment and Removal. Appointment to the Committee shall not constitute a property right in the meaning lof the Constitution of the United States or the State of Florida land the members of the Committee shall be appointed to and OFMCE of :mr"rTOMCY removed from the Committee in the manner as deemed appropriate ; a OurHdln Dvr4*n. F1or" 3• ?M 01- oFF??_E OF, THE CIT1--1-?-1TMRNEY C1ry w `?++=xkd M 750 AAII /vrNx+? Jun?Oltti .• ?.=da 3ta06 by the City Commission, in its sole discretion. The members of the Committee shall serve at the pleasure of the City Commission. Section 9. Continuance of Committee. No later than three years from the establishment of the Committee and every third year thereafter, the City Commission shall place on its agenda and shall discuss whether or not the Committee should continue in existence, whether or not its functions and duties are appropriate because of change in circumstances and all other matters relevant to the continuing existence of the Committee. Section 9. Repeal. Resolution 89-12 and all prior resolutions or parts thereof inconsistent herewith are hereby repealed. Section 10. Effective Date. This Resolution shall become effective immediately upon final passage and adoption. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF DUNEDIN, FLORIDA, THIS DAY OF 19.9. Mayor/Commissioner i Cbl:? o? . CITY OF CLEARWATER 1 ! P. O, Box 4748 Clearwater, Florida 34618.4748 City Commission TO: Betty Deptula, City Manager FROM: Fred A. Thomas, Commissioner C. , COPIES: Mayor and Commissioners OCT 11 ?yy5 DATE: October 6, 1995 PRESS CLERK I ATTOR.NgFy RE: Clearwater Beach Tourism Internet ?*w**rtwwwww?rw**+rw*»??wwww**?rr+r?rr?rw*?rM??*ww*rww*?a**www.?www? *wwr*wwww*?*w** W. John Besedic, a citizen of Clearwater Beach, has set up his own Tourism Internet to assist with tourism on Clearwater Beach. I have called up his "Web" page and found it most informative. I would Like to have Mr. Besedle invited to a Worksession and show the Commission just what he has created. I am attaching just two pages that I had printed from his file. I believe this is a first step into creating our own Tourism Internet Access. FATIrk W) v h c ? C O O O ? O 0. M ? L`w r q C p .h cJ . RJ r G y O E CQ ? RC V ? i. V 0] y N a U cq ?O CT u C O L y y, . x L C 42. CC in ej :.. U O Cd R ? ? U ^ ? O cm J-a C v L C G7 leg. •L - ?+ C •O u r +» ' U ?" C .. S, r. C CG ti w A O . ? I L ? C ? .? 2 G ?, ;: CJ ,? • i „ . ' w J L s + D ° ?+ Q C cc ej L" v •C •? •r S= r 2 C ri . r' a' O c`r3 _ r r C G u. L Z n?^ ?..,,. t ? a.. v a ... L- = cc L CJ ?. C, C ? ?+ .5 ? C O cwyC i. U %n fJ u L y ? Ci t? CC ?" H f C: C1 Ur ?? iY 'y? ta :+? s rs Do i 000000 .C d O x v w ?i W h A!t 4 W J U 0 0 d w 0 u v 0 c C G M U Si t,. C. F.. O A d F. w At P" 0.-0 Q w z a a C? v Ir, N ? ?. v W U WNW r ?} w yr riw i? a a ? v up) rte. J U N