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08/21/1997} (. °?;, .. s:..,z'" ?i,•;'?'` :( l?'i.; i1f;'I. 5`,?j,'if?'h wr?AC?';{S i.•?e+'. _ ,t. A en 8?2 1'97. da: ?', 9.. r City Commission Meeting 8-2197 note: 8-18-97 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. ? 113 I ?.} ,,., ? . ,.....,......-».»u..,,?.xs':+kas?t;?diiw:u?islisb?k',:;r?'M?;.u:,La?iiM:J1+i? :???+?9',?i::t.,;:??Fx.%?,..v." ..' t•'? f ,'r, y k, ? •., 1 . ?.?r'?„.':?•:'S'.f:.?, 't ;til'+OF??l1i1i7441'R4'f:. b;. ..t.. .a?" iit .:r•?, : tut.s?i":'.iy;'y.' ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, August 21, 1997 - 6:00 P.M. - Commission Chambers 1. Invocation 1. 2. Pledge of Allegiance 2, 3. Service Awards 3. 4. Introductions and Awards 4. 5. Presentations 6. Approval of Minutes - Regular Meeting 5. 817197 & Special Meeting 4126197 6. 7. Citizens to be heard re items not on the Agenda Rev. Skip Dvornik, Calvary Baptist Church. Mayor. 2 awards presented. Proclamation: Firefighter Appreciation Week - 8/25-9/1/97 None. Approved as submitted. Jay_ Keyes, Clearwater Beach Association, recommended the former water tower site remain green and open. PUBLIC HEARINGS 8. 9. 10. 11. (Cont. from 7117197) Variance(s) to Sign Regulations for property located at 26417 US19N, Sec. 30-28-16, M&B 43.12 (Olde Property Corp., SV97-07) (Cont. from 7117197) Variance(s) to Sign Regulations for property (Countryside Square Shopping Center) located at 2555 Countryside Blvd., Countryside Village Square, Lots 5, 7 & 8 (HRE Properties, SV97- 08) Variance(s) to Sign Regulations for property located at 101 S. Park Place Blvd., Storz Ophthalmics, Inc., Park Place, Lots 2 & 3 (The Grand Reserve at Park Place Limited Partnership, SV97-09) Variance(s) to Sign Regulations for property located in the median of Park Place Blvd., at intersection of Gulf to Bay Blvd., south end of Park Place Blvd. r-o-w (The Grand Reserve at Park Place Limited Partnership, SV97-10) 8121197 8. Approved variance of 1 freestanding sign to allow a 2nd freestanding sign 150 sq.ft. in area, 20' high & 5' setback from all property lines. 9. Approved variance of 1 freestanding sign to allow a 2nd freestanding sign 18.8 sq.ft. in area, 17' Nigh & minimum 65' setback from Village Drive r-o-w. 10. Continued. 11. Approved variance to allow 2nd freestanding sign 19.5 sq.ft. in area & 6' high in median at south end of Park Place Blvd., at intersection of Gulf to Bay Blvd., subject to the applicant executing a revocable maintenance agreement with the City that requires applicant to maintain the sign in good repair, and the applicant shall provide liability protection to the City. 1 Public Hearing - Second Reading Ordinances 12. Ord. #6149-97 - Creating new section 21.17 relating to begging by intimidation; providing definitions; prohibiting begging with intent to intimidate 13. Ord. #6166-97 - relating to occupational license fees; amending Appendix A, Schedule of Fees, Rates and Charges by 5% increase in fees and amending administrative fees charges 14. Ord. #6180-97 - establishing a money purchase pension defined contribution plan for certain employees who are employed by the City on or after 6123197 12. Ord. #6149-97 adopted. 13. Ord. #6166-97 adopted. 14. Ord. #6180-97 adopted. CITY MANAGER REPORTS CONSENT AGENDA (Items #15-19) - Approved as submitted. The following items require no formal public hearing and are subject to being approved in a single motion. However, any City Commissioner or the City Manager may remove an item from the Consent Agenda to allow discussion and voting on the item individually. 15. Annroval of Purchases per 8112197 memorandum: -- Video Editing Equipment, Steadi Systems of New York, $33,954 (IM) -- One 1997 Ford F-800 chassis with Altec Model AN-650P Aerial Tower, Altec Industries, Inc., $74,402; funding to be provided under City's Master Lease Purchase Agreement (GS) -- Double Detector Check Valve Assemblies, U.S. Filter Distribution of Tampa, 8/22197-8114198, est. $61,525 (PS) -- 5 laser printers & 13 bubblejet printers & software for Parks & Recreation remote sites, BCD Computer Distributors, Inc., $16,683.18 (PR) 16. C.O.#1 to 1997 Street Resurfacing Contract with Golden Triangle Asphalt Paving Company, Inc., adjusting completion date to 11121/97 for total time extension of 114 days (EN) 17. Ratify/Confirm C.O.#2 for reconstruction of Highland Avenue, from north of Gulf to Bay Blvd. to north of Sunset Point Rd., Overstreet Paving Company, increasing amount by $399,153.65 for new total of $4,797,788.11, and approve time extension of 161 days (EN) 18. Unfair Labor Practice Charge - Terence Kelly and Pinellas County Police Benevolent Association vs City - authorization for assignment of defense to Thompson, Sizemore & Gonzalez (CA) 19. Amendment to City Attorney employment agreement (CA) OTHER ITEMS ON CITY MANAGER REPORT 20. Clearwater Beach Strategic Development Plan, authorize proceeding with planning process (CP) 20. Approved. 8121197 2 ?S'?4.+. ..a ..a. .. ...;t<.. i.i:?w.cY%fj4ali? .'S F'!)"li..F<<.?.1 '. ? '?S..+r? ..?...•i1..t ... •'? ? 'i%??.?. ..i'???. ¦ 21. First Reading Ord. #6176-97 - revising Sec. 28.04 and Appendix A, Schedule of Fees, Rates and Charges, XXVIII, Occupational License Fees, to allow the sale of ice cream from trucks on residential streets (CP) 22. Contract to Piper Productions, a Sparks Company to design, fabricate, install & strike the Clearwater 1 Nagano Hospitality Center, for an amount not to exceed $395,000 (CM) 23. Contract to Silver Imago Interactive to design & install the technology component of the Clearwater 1 Nagano Hospitality Center, for an amount not to exceed $35,000 (CM) 21. Approved. Ord. #6176-97 passed 1st reading. 22. Approved. 23. Approved. 24. Other Pending Matters a) Approve 1997 Men's Major Fastpitch National Championship, 8130-916197 at Clearwater Bomber Stadium as a special event at which alcoholic leverages can be sold and consumed - APPROVED. CITY ATTORNEY REPORTS 25. Resolutions - a & b adopted. a) Res. #97-48 - Demolition Lien - 1107 Carlton St., Greenwood Park, Blk C, Lot 14 (Lottie Williams) b) Res. #97-50 - Rescinding Res. #97-32 adopted 511197 26. Other City Attorney Items - Tentative attorney/client session re Anne-Marie Cheroke Lindsey as guardian of Paul W. Gilfoyle vs City set for 9115197. 27. City Manager Verbal Reports City Manager scheduled a closed bargaining session following the 912197 worksession. Assistant City Manager Bob Keller reported new record; building permits exceeded $100 million during first 9 months of current fiscal year. . 28. Other Commission Action Seel congratulated the safety program which trains City school crossing guards. Seel said the Ambassador Program provides a worthwhile opportunity for Commissioners to visit area, publicly traded companies. Johnson felt the Commission should not be required to approve each group which proposes to sell alcohol at events co-sponsored by the City. Clark congratulated the Economic Development Team & invited residents to view the related C- View TV program. 29. Adjournment - 8:28 p.m. 8121197 3 CITY OF CLEARWATER Interdepartmental Correspondence TO: Mayor and Commissioners FROM: Cynthia E. Goudeau, City Cler SUBJECT: Follow up from August 18, 1997 Work Session COPIES: Michael J. Roberto, City Manager DATE: August 19, 1997 In response to questions raised at the August 18, 1997, Work Session, the following answers are in final agenda order: ` Item #8 - Sign Variance - Olde/Countryside Village Square - The Olde sign on the north side of the driveway is conforming and will remain as is. The Countryside Village Square sign on the south side of the driveway is nonconforming and has been since the October of 1992. The applicant's proposal is to remove the existing Countryside Village Square sign and replace it with a larger sign than the existing one. Staff's recommendation is to deny the applicant's request for a larger sign and approve a sign 150 sq ft. in area, 20 feet in height with a setback of 5 ft. Item #9 - Sign Variance, - Tuesday Morning/Countryside Village Square - The signs being requested are the ones currently in place. A permit was issued for these signs on March 15, 1993. It was subsequently determined the permit was erroneous because it is for wall signs. The signs are technically free standing signs and this request is to correct that error. here Item #11 - Sign Variance - Grand Reserve - a map is attached r kern more clearly showing the proposed location of the sign in the median of Park Place Blvd.. Item #16 - Resurfacing contract - The Pier 60 lot resurfacing will begin shortly after Labor Day. The resurfacing of this lot should be completed in two days. Plans are to resurface it between a Tuesday and Thursday in order to as little adverse impact on the affected businesses as possible. Once more exact dates are known the variable message boards will be used to notify the public. Item #21 - Ice Cream Trucks - the owner or operator of the business will be the subject of the background check. If the driver of the truck is simply an employee they will not be subject to the check. Item #24A - Beer sales at Fastpitch National Championship - has been added to your agenda. Ream Wilson is to have discussed this with you prior to Thursday. Please Note that the Presentation regarding the Harborview Center has been removed from this agenda. It will be scheduled for the meeting of September 4. B-18-1997 3122PM FROM CENTRAL. PERMITTING 813 562 4576 QP. r i i • • I? gw W h- P. 2 f 1 r I 1 r , i + EX, PA 1 -----ray--- -.«?..r w • • r • w `mfr EX. STQRMWATER MANAGEMENT SYSTEM ? ? rr 'r r r r ? r f r r ? ? r 1 I f! ! ! I i r s ! !mss `co '• r• r rr ? r r r , 1 I I 1 1 1 I 1 1 1 1 I 1 t 1 ,t '?wr1 t? f L u ' I U I I , rt 1 1 I CL I S I 1 ! AEX ! 1 , ? i t S I S ! I. EXIIS" J NG SIGN ` ? W ,r - - w - - - - w - M, ? / V M I CG a L I I 4 1 i , 1 I I 1 1 I t 1 1 I i PROPOSED SIGN r auev" TUESDAY t - - - - - - - - - - - - - - - - - GULF TO BAY BOULEVARD -- SR 60 CC SOC/AYES, /NC. • Landscape Architects 4404 "ischflell{ Arta. Viol, A.,T Now Port Richey. FL. 3+653 103) 044.ODA PARK MASTER PLACE DEVEL( 7 x .1. r¢j{.i?"i CITY OR CLEAR-WATER Interdepartmental Correspondence r CLEAR1TV ATER CITY COMMISSION Agenda Cover Memorandum Item a: Meeting Data: . =2 8/21/97 SUBJECT: SERVICE AWARDS RECOMMENDATION/MOTION: The following employees be presented with service awards for their length of service in the employment of the City of Clearwater. ® and that the appropriste_officials be authorized to execute same. ACKGROUND: 29 Years John G. Pickart Police Patrick E. Adamson Police Gladys D. Young Finance Fredrick C. Fricke Police Forrest D. Draxten Parks & Recreation Julie R. Hudson Library Years Gary D. Gustafson General Services James H. Conn Solid Waste 20 _Yeai•s Victor H. George Solid Waste Daniel R. Doyle Parks & Recreation Diane A. Fitzgerald Information Mngmt. Roger Ouellette Solid Waste Diosdado B. Peredo, Jr. General Services Gerald T. Ermlich General Services Clarence A. Calloway Charles A. Howard Kenneth M. Schmitt Cleveland A. Clarke' James Jones Camille M. Motley Police Police Fire Parks & Recreation General Services City Clerk James H. Moore Police Reviewed by: Originating Department: Costs: Commission Action: Legal HUMAN RESOURCES ? Approved Budget Total ? Approved wlConditions Purchasing User Department: ? Denied Risk Mgmt. Current Fiscal Year 13 Continued to: i8 Funding Source: ACM 13 Capital grprcvarnanto Other Advertised: ? operating: Date: ? Attachments: Other. Paper: Submitted 0 Not Raquksd Appropriation Code by: Affected Parties: Cl Notified ? Nona City Manager 113 Not Required ' k. 'F??i- :;f'?ir.L' r?i :t?3 • t;,'.'?'. C ^.: :ufY . -::', ;L,•? : ,. ' ,?4•.??k`.i' I '?? ? .. ? ".? ,,,•4' a :.? :q ? ?7ti ;F .. ?;1. Y'. is t'ie'.':' :,. s ?.: .,? ? . , TO: Mayor Rita Garvey FROM: Betty Blunt, Confidential Clerk/Receptionist COPIES: City Commissioners, Michael Roberto, Cyndie Goudeau SUBJECT: Presentation at the August 21, 1997 City Commission Meeting DATE: August 20, 1997 The following presentations will be made at the August 21st City Commission: 15 years James Jones, General Services (letter of appreciation, plaque) zasars i` Patrick Adamson, Police Department (letter of appreciation, watch) 25 years ?James Conn, Solid Waste (letter of appreciation,, day off with pay, $100 dinner ' . certificate) PROCLAMATION 1Yrefighter Appreciation Week - Wendy Campbell 1 i t -__._J.......,.o?.. ......_..uni+'. •xw...r..•.u.YLrr .. liiMW?.x.?M1R?.1: a.. _.____-- Clearwater City Commission item a: P -"'L Agenda Cover Memorandum Meeting Date::; SUBJECT: Variance to the Sign Regulations; 26417 U.S. 19 N.; Olde Property Corp. / Countryside Village Square Shopping Center (Owner/Applicant); Todd Pressman (Representative). (SV 97-07) RECOMMENDATIONWOTION: Deny a variance of one freestanding sign to allow a second freestanding sign with an area of 304 square feet, a height of 29 feet, and a setback of 5 feet from all property lines, where a maximum of one freestanding sign is permitted, on property identified as Sec. 30-28-16, M&B 43.12, for failure to meet Sec. 45.24, Standards for Approval, items (1)44). Approve a variance of one freestanding sign to allow a second freestanding sign with an area of 150 square feet, a height of 20 feet, and a setback of 5 feet from all property lines, where a maximum of one freestanding sign is permitted, on property identified as Sec. 30-28-16, M&B 43.12, for meeting Sec. 45.24, Standards for Approval, items (1)-(4). ® and that the appropriate officials be authorized to execute same. SUMMARY: • This variance was continued from July 17, 1997, so that the applicant could decrease the extent of the request. Originally, the variance request was to allow a second freestanding sign on this property with an area of 452.5 square feet, a height of 32.5 feet, and a setback of 5 feet. Now the variance request is to allow a second freestanding sign with an area of 304 square feet, a height of 29 feet, and a setback of 5 feet. • This property is located on the east side of U.S. 19 N., south of Countryside Blvd., and is in the Commercial Center zoning district. • The applicant, Countryside Village Square shopping center, is requesting a variance of one freestanding sign to allow a second freestanding sign with an area of 304 square feet, a height of 29 feet, and a setback of 5 feet from all property lines, where a maximum of one freestanding sign is permitted. Reviewed by: originating Department: Costs: Commission Actlon: Legal NIA Central Permitting NIA D Approved Budget NIA S?j Total Q Approved w/Conditions Purchasing NIA User Departmerft: 0 Denied Rick Mgmt. NIA Central Permitting Current Fiscal Year Q Continued to: Is NIA Funding Source: ACM E3 Capital Improv?rrHnt: CRI' a / Advertised: opetatlog: Date. ? Attachments: other: Paper: Application Submitted by: ? Not Required Appropriation Coda Affected Parties: ® Notified ? None City Manager ? Not Required 10 Printed an recycled paper SV 97-07 Page 2 Olde Discount Stockbrokers occupies the building on this property. On the south side of the property is a driveway. The driveway provides access not only to the Olde property, but also to the Countryside Village Square property which is located to the northeast. Two signs are located adjacent to the aforementioned driveway. On the north side of the driveway is a sign identifying Olde. On the south side of the driveway is a sign identifying Countryside Village Square. Countryside Village Square proposes to remove the existing sign and replace it with a larger sign. The existing sign is unlawful. It is 24.6 feet high with an area of 258.2 square feet. It was placed pursuant to a 1987 variance. The variance was limited in duration to require that the sign be brought into compliance by October, 1992. The following tables provide summary information regarding the existing and proposed signs: Countryside Village Square Shopping Center Sign ,... Iniorrnaaan:,..r...::: ...,..:1#xist3.. .+i.....:. .... .... .. • Type of sign Freestanding No. A maximum of one freestanding sign is permitted. Location/orlentation U.S. 19 N. No. A maximum of one freestanding sign is permitted. Area 258.2 / 304 sq. ft.* No. A maximum of one freestanding sign is permitted. Setback 5 + ft. No. A maximum of one freestanding sign is permitted. Height 24.6 / 29 ft. No. A maximum of one freestanding sign is permitted. The actual message area of the proposed sign is 216 square feet. However, in 1995 the sign code was amended to require that any portion of the area of a freestanding sign structure which exceeds 50 percent of the permitted area of the sign must be computed as part of the sign area. (See Sec. 44.05, definition of "Area.") For the subject property, the permitted sign area is 150 square feet. Applying the aforementioned "50 percent rule," any portion of the structure exceeding 225 square feet must be computed as sign area. The area of the proposed structure is 313 square feet. Accordingly, the area of the proposed sign is computed as 304 square feet (313 sq. ft. - 225 sq. ft. + 216 sq. ft.). Olde Discount Stockbrokers Sign Exia Isi 8fuType of sign Freestanding Yes U.S. 19 N. Yes [Location/orientation Area 60 sq. ft. 150 sq. ft. Setback 5 ft. 5 ft. Height 20 ft. 20 ft. SV 97-07 Page 3 Staff Comments/Analysis: Conditions do not support approval of the requested variance: • The variance is a significant deviation from the sign code. At 150 square feet, this zone permits the largest sign area in the City. The proposed sign is double the permitted area. • Many property owners and business owners throughout the City have placed and replaced signs in accordance with the sign code. It would be inequitable to authorize this applicant to place a new sign that is so deviate from the code. • This shopping center Is not distinctly different from other shopping centers. • The proposed sign will be out of character with other roadside signs on U.S. 19 and will detract from the appearance of this property and the U.S. 19 corridor. Conditions support approval of a variance to allow a second freestanding sign with an area of 150 square feet, a height of 20 feet, and a setback 5 feet from all property lines for the following reasons: • The driveway is a major accessway to the shopping center. It is appropriate that it be marked to notify motorists that the driveway provides access to the shopping center. • Other shopping centers assigned Commercial Center zoning are permitted 20 foot high, 150 square foot signs. • Approval of a 20 foot high, 150 square foot sign will not detract from the appearance of the city. :....?.::.....:::, ..:..:......:;t::,.>::..::.,..,..1s......:.......::...........SURROUNDIN0a.AND: USE Direction Existing Land Uses North Restaurant South Offices East Shopping center West Shopping center Applicable Variance Standards: To receive variance approval, a request must meet all four standards for approval. Based upon review and analysis of the information contained in the application, staff finds that approval of the requested variance does not meet the standards. In particular, the following standards do not appear to be fully met: 1. There are special circumstances related to the particular physical surroundings, shape or topographical conditions applicable to the land or buildings, and such circumstances are peculiar to such land or buildings and do not apply generally to the land or buildings in the applicable zoning district. SV 97-07 Page 4 2. The strict application of the provisions of the code would deprive the applicant of the reasonable use of the land or buildings. 3. The variance is not based exclusively upon the desire for economic or other material gain by the applicant or owner. 4. The granting of the variance will be in harmony with the general purpose and intent of the land development code and comprehensive plan and will not be materially injurious to surrounding properties or otherwise detrimental to the public welfare. Relevant Previous Decisions by the Commission; NUMBER OF FREESTANDING SIGNS k., r..r :f •..:.: .:..0:.1.,.,;,.} ?/•...;i•'y:yr.:. .??lSlw> . ...... ........:: -:',.. .. r...?::??.y..,...ti. ...:.,.:.; y.rfr?7 ?"cc ' ,.r;:±{•? ??? ?J^ . .. ?..:,;. t.:.: r. .iv.'J i?l/1 ? `• rt:_: ? f{;:::::.::..; , r 4 ..a?;1:°; ::.i.;' ::/ ? .'•tr':f . . . -: ::. .v'• '.:.C; .... :::f' .v : ..:.... ,? .: :.., .,...,....x.?s::;}, 7,rvl.a: x:r .::.'.• v,•a: :}: l $ , . . .: ..: ... .: 'i ... a:.:,: :::.':.:.'.;:: ?: ' ? ;DAT . fi 2. ...:. r.. ..:r }v.v i:.v:: -. $.: .kA.ik?: <i 1.1?: . . ??•, : .r+:; J:i{. 4^:} v:.f....:,t .:.: t.::.1: p.:. ii?: i' h h •:^ri . :% : •:':.: v:': .. 1Y SV 93-59 26810 & 26812 U.S. Rehabworks, Inc./Doctor's 2 freestanding 217194 19 N. Walk-In Clinic signs/Denied SV 93-83 2100 & 2130 Gulf to K-Mart/Payless 2 freestanding 217194 Bay Blvd. signs/Approved SV 92-95 23988 U.S. 19 N. Chevron/Dunkin Donuts 2 freestanding 1/24/94 signs/Approved SV 93-75 24639 U.S. 19 N. Vacant (formerly First 2 freestanding 9115194 Florida Bank with Parkside signs/Approved Office Complex behind) SV 94-39 2040 N.E. Coachman Klein & Heuchan, inc. 2 freestanding 1211194 Rd. signs/Approved SV 95-02 1264-1274 Cleveland Economy Inn/Big Apple 2 freestanding 1119/95 St. Family Restaurant signs/Approved SV 95-12 1060 Gulf Blvd. Sand Key Park 2 freestanding 3/16/95 signs/Approved SV 95-42 1530 McMullen Booth Northwood Plaza and 3 freestanding signs (2 10/19/95 Republic Bank primary + 1 auxiliary) /Approved SV 98.08 1871 Gulf to Bay Blvd. Clearwater Bagel 2 freestanding 3121196 signs/Approved SV 96-11 2320 Sunset Point Rd. Easy Pick 2 freestanding signs/ 7118196 Denied SV 97-07 Page 5 VARIANCE WORKSHEET - CASE NUMBER SV 97-07 STANDARDS FOR VARIANCE APPROVAL STAFF FINDINGS (1) There are special circumstances related Conditions do not support approval of the requested variances: to the particular physical surroundings, . The variance is a significant deviation from the sign code. At shape or topographical conditions 150 square feet, this zone permits the largest sign area in applicable to the land or buildings, and the City. The proposed sign is double the permitted area. such circumstances are peculiar to such . Many property owners and business owners throughout the land or buildings and do not apply generally City have placed and replaced signs in accordance with the to the land or buildings in the applicable sign code. It would be inequitable to authorize this applicant zoning district. to place a new sign that is so deviate from the code. • This shopping center is not distinctly different from other shopping centers. 0 The proposed sign will be out of character with other roadside signs on U.S. 19 and will detract from the appearance of this property and the U.S. 19 corridor. Conditions support approval of a variance to allow a second freestanding sign with an area of 150 square feet, a height of 20 feet, and a setback 5 feet from all property lines for the fallowing reasons: • The driveway is a major accessway to the shopping center. It is appropriate that it be marked to notify motorists that the driveway provides access to the shopping center. • Other shopping centers assigned Commercial Center zoning are permitted 20 foot high, 150 square foot signs. Approval of a 20 foot high, 150 square foot sign will not detract from the appearance of the Ci . (2) The strict application of the provisions The requested variances are reasonable to identify this use for the of the code would deprive the applicant of reasons stated above. the reasonable use of the land or buildings. (3) The variance is not based exclusively The requested variances appear to satisfy this condition. upon the desire for economic or other material gain by the applicant or owner. (4) The granting of the variance will be in The sign regulations were adopted with the intent of enhancing harmony with the general purpose and the visual quality of the City's streets and landscape in order to intent of the land development code and protect the value of properties and the well-being of the local comprehensive plan and will not be tourist oriented economy. The granting of these variances appears materially injurious to surrounding to be consistent with this intent. properties or otherwise detrimental to the public welfare. CENTRAL PERMITTING DEPARTMENT 100 SO. MYRTLE AVE., 2ND FLOOR CLEARWATER, FL 34616 PHONE: 6624567; FAX 5624576 INSPECTION LINE: 5624580 SIGN VARIANCE APPLICATION Lsv#_ I ? 2215 PROPERTY OWNER(S) NAME & ADDRESS: Olde Property Corp. REPRESENTATIVES(S) (if any) NAME & ADDRESS: Todd Pressman 131 Lafayette 28870 U.S. Hwy. 19, K. Detroit, MI 48226 Suite 4300 Clearwater, FL 34621 TELEPHONE: { ) TELEPHONE: ( 813) 726-8683, ADDRESS OF SUBJECT PROPERTY: 26417 U.S. 19, N. NAME OF BUSINESS (IF APPLICABLE): Olde Property Corp., for ZONING DISTRICT: Cc LAND USE CLASSIFICATION: G(7 LAND AREA: 2.37 A. LEGAL DESCRIPTION OF SUBJECT PROPERTY: As Attached Attached "PARCEL NUMBER: 1 1 1 4 11204 "This information is available from your tax receipt or contact Pincilas Co. Property Appraiser's Office at 464.3207. If more than one parcel number, attach 8 % x I I inch sheet. DESCRIBE SURROUNDING USES OF PROPERTY North: Commercial East: Commercial South: is - West: Same VARIANCE(S) REQUEST: A vat' ce o? 1 Lree6tem4inj s1 r) o ; A; g,coh d st ndi 6j3n-_gF f52.5 u e ' h sl ki re0. ?Nd si r C-+V cfM 3Z.5 cf end thecft 4 S-Tb?-cks. where, a Yhax1 u ?reestqn4iqq ? e 41 STANDARDS FOR APPROVAL: A variance shall not be granted by the City Commission unless the application and avidence presented clearly support the following conditions: 1) There are special circumstances related to the particular physical surroundings, shape or topographical conditions applicable to the land or buildings, and such circumstances are peculiar to such land or buildings and do not apply generally to the land or buildings in the applicable zoning district because: See Attached l) The strict application of the provisions of the code would deprive the applicant of the reasonable use of the land or buildings because: Attached 3) The variance is not based exclusively upon a desire for economic or other material gain by the applicant or owner because: Attached Q 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: Attached THIS SUBMISSION GIVES AN APPLICANT THE OPPORTUNITY TO REQUEST THE VARIANCE AND APPEAR BEFORE THE DEVELOPMENT CODE ADJUSTMENT BOARD. FEES PAID ARE NON- REFUNDABLE REGARDLESS.OF BOARD ACTION. BY SIGNING THIS DOCUMENT I AM ACKNOWLEDGING THAT ALL FEES PAID DO NOT GUARANI ?RO,V?L OF7HIS W /- APPLICATION. / 1f?// SIGNATURE OF PROPERTY OWNER (OR RESPRESENTATIVE)Sworn tqwd by? L• (I a positio and name of company if applicable) before me this day of. A.D., i w is personally kn to me orproduced ,pd identification. STATE OF FLORIDA, COUNTY OF _ r !?} 111as..,, Commission: NotaPdbtic 1? • • iy ? = By Sinks w "" ew4w S ?, ._J4fA0ff_ 0=621 ammo Notary typed, printed or stamped mix N i 1 rwor+rar **r 1 anv M NOTES: • PROPERTY OWNER OR REPRESENTATIVE MMST ATTEND NEARING, • APPLICATION SHALL INCLUDE A CURRENT AN12 ACrdURAU-SITE ELAN. FORM • SKINS VARIANCE (November S. 1948)1110.0M STANDARDS FOR APPROVAL; A variants shall not be granted by the City Commisslon unless the application and evidence presented dearly support the following conclusions: at %V836 9W W186 are sp al rcumstsncas related to the particular physical surroundings, shape or topographical conditions applicable to the land of buildings, and such circumstances are peculiar to such land or buildings and do not apply genwalty to the land or buildings in the applicable zoning district boc*usi-With the JWa1-_1aqM 2f U.S. >,hi,ch moved vehicles further away from the site$ some direct visibility was lost. Mxe square footage is needed to ad- old with it's 2LdM la out of the location of stores sane of the users Hell 's are not vudWe to the street. This is fmthw dWMWd by the speed, density and volume of traffic on U.S. 19. Many users are campletely heart. 2) The strict applleatbn of the provisions of the code would deprive the applicant of the reasonable use of the land or bugdkw bocswe. Other seers on U.S. 19, at other locations enjoy the ability of wM sigge that: MW e for U.S 1 visibility. This is a site that is laid out that many portions of the developrent are far fram U.S. 19, but suffer great vis- visibil.ity_loss, The move of U.S. 19 was an act that reduced the sig avisibi ty lean the level that most other rty's along U.S. 19 enjoy. I The variance is not based exclusively upon a desire for economic or other materiel gain by the applicant or owner because It is a wish to reinstate the level of sigrgge at the site that was enjoyed previously, and also to 4) The granting of the variance will ba in harmony with the general purpose and intent of the fend development code and comprehensive plan and will not be materially frljurious to surrounding properties ar otherwise detrimental to the public welfare because The irxarease in size, we believe, cannot offer any substantiation of ir*y to others. W abut, owner's caAd be harmed. It is the intent to provide a minimal increase in siXiage that provides decent Ag MbdII tv y bir rnr too m Ch in uhiA tanuarJIR4 tlw pn n and ;nhh r • 1 r'• ?1:' .;`. s ;iasEr - ?': y,ate.ve -r'.y ; nn„ . p PRESSMAN & ASSOCIATES, INC. GO V*ffWT rft Mdit ON Pubic Ral tM AQ COM W s1GlUM RESPMSB M STAN ODtS OF AN OVAL One final reason for support is that drivers approaching the site on the new U.S. 19 must make a vehicular driving decision that was not present before. Now existing at the site on U.S. 19 is a decision by drivers to enter the site by in,a sense exiting U.S. 19 to the side access road, or remaining on the new U.S. 19 over pass. Xn this regard a "apex" or 'road split exists near this crucial point that drivers must make a decision on where to go. It is this critical point that additional signage is necessary so that the 'minimal visibility is met, and safe driving is kept at this critical juncture. tf . ,. 28070 US Highway 18 N. a Sulte 0300 • Clsaiwater. F6 34821 Phona 018.728-VOTE (0087) + Fax 813.708.3078 P&W 1.800084.8444 1) t AOLDE FROMM CORPORATION April 2,1l19'i City of Claa7water Clwwatar, F1orldtt x RE: U,?S? ply J! Norte, ?,1"1rri To Whom it may Concerti: OL12E Property rpotrtioa {'OLDS") hereby states its required approval of si?pw as shown on the vftwJw4 Exhibit A, with roepoct to its ILM fightivS and de N pro the si puv dm not impede 0o visibility of OLDWs property law providod the signage is laced in the seine locatiaa as the wmt signage it h replacing, (shown on Exhiibit B), but OLD malcaa no ftuthct rcprostntstio s with respect thereto, and rcacsva the right to make le objections herea?fta to m , "m to which it does cot give its specific approval berein. GLUE gives PrmWm cad Amciates, Inc. sinhority to rvresent OLDS is . n with Vplykg for a vekri frm of tba sigaae shown oar Exhibit 8 to conform with signage 0 tlV=i on Erjuibit A, cub 'C to the pmvbkws In tba abovi parvivii. Sincerely, OL DE PROPERTY CORPORA i . i HRK/oc Enc. H¢rvey R. Senior Vice Pmsident STATE Of MIaRGAN • ) .A GOUrt'IY 01: WAYNE ) On ftaA ., dq of Apr j4 W, before me pK x%@JJy sppawqd Hirer IL ,Xr+o1?140,rpr knwm end &Nwe to = b be tW ponai w% cAox od do unnant, end he pckmowW#W to me the be cAmA d do am. Corporals Headquarters * 131 West Ldaystle • 13 IMI, MichiSsg 48226 (313) 961-3001 sa (313) "3.6057 FO -• . SIGN AREA: 60 SQUARE FEET SIGN HEIGHT: 20 FEET A IDWODM M 1.:.lIDROKE M ?c x fx - i ?L M r? W Lip -? #3 40 x ? a x ? 3 04 ??7ov} f! ' r I 6, i :. ?• ?.r? ? ? P?1wEJ Lt. •? G.K $?O;) pim mm m 4 a z Gnu ?X TM BOOM L? O/ V VA v Frc [ERR v R+ KO) I•W131M - emcV G ell SAY 1 FABRICAT•ORS-INCL 12 ) zv&/ IG loevi? 885 •• Vl In aTREEl N ?? • ,?v ir?'I?' .-,•v.' C?,E,?R11'ATER, F[. 34622 -, ,?..?.?.. 813 •- 672-4033 06/21/1995 22:51 314-4341618 GLASS ASSOC N DAVID PAGE 03 ROUTED O Z9'• 0 '• • 1/?' 1 • i M 016 0' V-$ 1/29 N I 6 Zl3/?' '- 0' 11 1la' 13'• 0' 4 13'• 6' 0MAW 0 RECE45ED i TOP TMlU 131 1 TO 59 PAN-FOR Dr. 6' LEXAN W/ EMg H.AI COPY 1'•?1/' NO 6LOCKOUSTLA HA, PAN ACE AND nAT C( LAM10 12' ON CIMMS 3•' 0' 101/2" [ELXJ a!. $ks 1'- 7" 10' 1 1'• 2, t•"__ - 1'• r 0'$ 1Q' T- 6' 3., of a• x'• 6" k 4kk s. k r hkk k? ak. Pl LEXAN FAM W VINYL COPY CUSTOMER TO up? GO ARTWORK A: OL1MtED RY SIGN i ;1; f; Ik.. V; k fi7lRl ANp C CItiITE 1 ?" iY0 V T SE1 v= REQ1JiRl1 r! ! ? n a ?rtn?rss •" ` 400, 1 ,,. / 4 V 00, loop *440 ivy 97/ oy _j oo, < ` PROPOSED ADDITIONAL SIGN s° ??f / ?? • `> >? ?y1 Y i SV 97-07 OLDS PROPERTY CORP. 26417US 19N 'l ll 4 3 1 J %, 72 Clearwater City Commission Item Agenda Cover Memorandum Meeting Date: SUBJECT: Variance to the Sign Regulations; 2555 Countryside Blvd.; HHE Properties/Countryside Village Square Shopping Center/Tuesday Morning (Owner/Applicant/Business); Todd Pressman (Representative). (SV 97-D8) RECOMMENDATION/MOTION: Approve a variance of one freestanding sign to allow a second freestanding sign with an area of 18.8, square feet, a height of 17 feet, and a minimum setback of 65 feet from the Village Dr. right- of-way, where a maximum of one freestanding sign is permitted, on property identified as Countryside Village Square, Lots 5, 7 and 8, for meeting Sec. 45.24, Standards for Approval, items (*W. ® and that the appropriate officials be authorized to execute same. SUMMARY: • This variance was continued from July 17, 1997, upon request of the applicant. • This property is bounded by U.S. 19 N. on the west, Countryside Blvd. on the north, and Village Dr. on the east. It is in the Commercial Center zoning district. a The applicant is requesting a variance of one freestanding sign to allow a second freestanding sign with an area of 18.8 square feet, a height of 17 feet, and a minimum setback of 65 feet from the Village Dr. right-of-way, where a maximum of one freestanding sign is permitted. The variance is requested for Tuesday Morning, which has two freestanding signs. One sign Is located on the east side of the business and the other is located on the west side. The variance is requested to allow the existing signs to remain. Reviewed by. Originating Departmant: Costs: Commission Action: Legal NIA Central Permitting N/A ? Approved Budget NIA Total ? Approved wlConditions Purchasing NIA User Qopartmon : ? Denied Risk Mgmt. NIA Central Permitting Current Fiscal Year ? Continued to: is NIA Funding Source: ACM ? Capilel Improvement: CRT J Advertised: ? operating: Date: 13 Attachments: Other: Paper: Application Submitted by: ? Not Required Appropriation Code Affected Parties: ® Notified ? None City Manager ? Not Required 0 Printed on recycled paper SV 97-08 Page 2 The following table provides summary information regarding the proposed signs: Type of signs Freestanding (2) No. A maximum of one freestanding sign is permitted. Location/orientation Village Dr. (adjacent to business) No. A maximum of one freestanding sign is permitted. Area 18.8 sq. ft. (each) No. A maximum of one freestanding sign is permitted. Setback 65 ft. (east sign) No. A maximum of one 270 ft. (west sign) freestanding sign is permitted. Height 17 ft. (each) No. A maximum of one freestanding sign is permitted. Staff Comments/Analysis: Conditions support approval of the requested variance: • The visual impact of the two freestanding signs is negligible. The signs are located close to the business establishment, well back from the street right-of-way. They are also relatively small in area. Each sign is only 18.8 square feet In area. • These freestanding signs function differently from most other freestanding signs. These signs function as wall signs for the business, not as roadside signs advertising the shopping center. • This business is in an obscure location in this shopping center. Without these signs, the business would suffer from a lack of identification, • These freestanding signs do not detract from the appearance of this property or the City. =::..> :.: :. . 71.:::.... 1 LA USE UpROIINi?ING . kn. t T. i . . Direction Existing Land Uses North Countryside Mall South Offices and retail complex East Condominiums West Shopping center fq?. SV 97-08 Page 3 Applicable Variance Standards: To receive variance approval, a request must meet all four standards for approval. Based upon review and analysis of the information contained in the application, staff finds that approval of the requested variances meets 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. Relevant Prc:,ious Decisions by the Commission: NUMBER OF FREESTANDING SIGNS :.,J .:..., ;.OAS tAD1?RESS-: A . o .:: .. `YAI?IANCIw fi1l?I=`TING:> .. .:. ... .../ .::. ..:............::..::.>..... . .:...:.:. S l ?i31«q i_STEpfAC?`pN`}'°':• °pI?TE;?:??'??:' SV 93-59 26810 & 26812 U.S. Rehabworks, Inc./Doctor's 2 freestanding 217194 19 N. Walk-In Clinic signs/Denied SV 93-83 2100 & 2130 Gulf to K-Mart/Payless 2 freestanding 217194 Bay Blvd. signs/Approved SV 92-95 23988 U.S. 19 N. Chevron/Dunkin Donuts 2 freestanding 1124194 signs/Approved SV 94-39 2040 N.E. Coachman Klein & Meuchan, Inc. 2 freestanding 1211194 Rd. signs/Approved SV 95-02 1264-1274 Cleveland Economy Inn/Big Apple 2 freestanding 1/19/95 St. Family Restaurant signs/Approved SV 95-12 1060 Gulf Blvd. Sand Key Park 2 freestanding 3/16/95 signs/Approved SV 95-42 1530 McMullen Booth Northwood Plaza and 3 freestanding signs 12 10/19/95 Republic Bank primary + 1 auxiliary] /Approved SV 96.08 1871 Gulf to Bay Blvd, Clearwater Bagel 2 freestanding 3/21196 signslApproved SV 96-11 2320 Sunset Point Rd. Easy Pick 2 freestanding signs/ 7118196 Denied ?MIC?ePhjdw?.1+?.'i'.ilbx da... .. .. ....._.... .. ...: _... .._._..-_... +...? .... ... .. _ SV 97-08 Page 4 VARIANCE WORKSHEET - CASE NUMBER SV 97-08 STANDARDS FOR VARIANCE APPROVAL STAFF FINDINGS (1) There are special circumstances Conditions support approval of the requested related to the particular physical variance: surroundings, shape or topographical • The visual impact of the two freestanding conditions applicable to the land or signs is negligible. The signs are located buildings, and such circumstances are close to the business establishment, well peculiar to such land or buildings and do back from the street right-of-way. They are not apply generally to the land or also relatively small in area. Each sign is buildings in the applicable zoning district. only 18.8 square feet in area. • These freestanding signs function differently from most other freestanding signs. These sign function as wall signs for the business, not as roadside signs advertising the shopping center. • This business is in an obscure location in this shopping center. Without these signs, the business would suffer from a lack of identification. • These freestanding signs do not detract from the appearance of this property or the City. (2) The strict application of the provisions The requested variance is reasonable to identify of the code would deprive the applicant this use for the reasons stated above. of the reasonable use of the land or buildings. (3) The variance is not based exclusively The requested variance appears to satisfy this upon the desire for economic or other condition. material gain by the applicant or owner. (4) The granting of the variance will be In The sign regulations were adopted with the intent harmony with the general purpose and of enhancing the visual quality of the City's Intent of the land development code and streets and landscape in order to protect the comprehensive plan and will not be value of properties and the well-being of the local materially inJurlous to surrounding tourist oriented economy. The granting of this properties or otherwise detrimental to the variance appears to be consistent with this public welfare. intent. CENTRAL PERMITTING DEPARTMENT 100 SO. MYRTLE AVE., 2ND FLOOR CLEARWATER, FL 34616 PHONE: 5624567; FAX: 562 4576 INSPECTION LINE: 5624580 SIGN VARIANCE APPLICATION 1SV# 7-h% PROPERTY OWNER(S) NAME & ADDRESS: REPRESENTATIVES(S) (if any) NAME & ADDRESS: Todd Pressman 321 Railroad Ave. 28870 U.S. Hay. 19, N. #300 Greenwich, Conn., 06830 Clearwater FL 34621 TELEPHONE: ( } TELEPHONE: ( ) 726-8683 ADDRESS OF SUBJECT PROPERTY: 2555 Countryside Blvd. NAME OF BUSINESS (IF APPLICABLE): Countryside Square Shopp. Cntr. ZONING DISTRICT: CG LAND USE CLASSIFICATION: C< LAND AREA: 177,483 + 474,715 + 87,120 LEGAL DESCRIPTION OF SU Attached CT PROPERTY: COM rRY S 1 M V 1 LL AGE SO.VARE L. oT5 51 7 t 8 - 'PARCEL NUMBER: f I ffl5n /16 18666-Wd "This information is available from your tax receipt or contact Pinellas Co. Property Appraiser's Office at 464.5207. if more than one parcel number, attach 8 % x I I inch sheet. DESCRIBE SURROUNDING USES OF PROPERTY North: Commercial. East: Apartments South: Same West: Road/Commercial VARIANCE(S) REQUEST: Q 1 t ???k 51 T? ?)'????' c1 YQfl44ce, 0 one :On d ?cS?" ?? s+ h (dilka c ?ra?e m? o IS•g 5 era fn 1 n yQO. a hQ 1 I r 17 4?4e1 late-hn 01) a t[ 4 . 44 sitA _ 0t4X i YKR" 4h1t• 4 #--t Sf414 n Sj9kj j S 0'1\U STANDARDS FOR APPROVAL: A variance shall not be granted by the City Commission' unless the application and evidence presented clearly support the following conditions: 1) There are special circumstances related to the particular physical surroundings, shape or topographical conditions applicable to the land or buildings, and such circumstances are peculiar to such land or buildings and do not apply generally to the land or buildings in the applicable zoning district because: PLEASE SEE A1713fND[>lbi 2) The strict application of the provisions of the code would deprive the applicant of the reasonable use of the land or buildings because: 8) The variance is not based exclusively upon a desire for economic or other material gain by the applicant or owner because: A) 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: THIS SUBMISSION GIVES AN APPLICANT THE OPPORTUNITY TO REQUEST THE VARIANCE AND APPEAR BEFORE THE DEVELOPMENT CODE ADJUSTMENT BOARD. FEES PAID ARE NON- REFUNDABLE REGARDLESS OF BOARD ACTION. BY SIGNING THIS DOCUMENT I AM ACKNOWLEDGING THAT ALL FEES PAID DO NOT GUA7_13", P A OF T IS 'IV APPLICATION. bl?r SIGNATURE OF PROPERTY OWNER (OR RESPRESENTA Sworn by (lnAude poXition and name of company if me this ?day of as identification. L Notary ublic STFPNEN C SA MOPP Name of Notary typed, printed or stamped NOTES: PROPERTY OWNER OR REPRESENTATIVE MU$T ATTEND HEARING. APPLICATION SHALL INCLUDE A CURRENTANUCIM TE SITE PLAN. A.D., 19 CZ is personally kno me or has produced STATE OF FLORIDA, COUNTY OF PINE"A S Commission; my coRMT. w . A Bor" By sew. it fbo. OM0521 rw+a??Mr+ ^ ?. ITT FORM • SIGNS VARIANCE (November S, 19%)1410-0003 C ,. ? `i, : • i ?sr, a •??. ? ?, a r •. .. .. .. PRESSMAN & ASSOCIATES, INC. Goverrxnentcl Affoh and Public Relalkwo ADDEN" FOR COUNTRYSIDE ARE SIGN VARIANCE Tuesday Morning Signage This request is to allow two signs to exist at 18.8 square feet on a wall facade or free standing structure, as described by interpretation, at the shopping center. 1) This unit is actually inset or set further back from the running wall of other stores at the center (please see attached photo). This places this specific store at.a severe disadvantage to other stores for visibility that would normally be allowed for wall signage. 2) The use of wall signage at the real store front would be severely lost due to the location of the unit. This solution seeks to only really replace the effect of wall signage where it normally would be found - in the status quo of the center. While the structure may be interpreted as a free standing sign, it in no way appears in that fashion to any passer-by the site. 3) The request seeks only to have the same wall signage effect as surrounding shops. 4) Again, it is only sought to be at a level playing field, and meet the intent of the code for visibility for wall signs. 28870 US Highway 19 N. a Suite 8300 a Clearwater, FL 34521 Phone 813.726-VOTE (8883) • Fox 813.798.3975 • Pager 1.800.884.8444 r 311 Ra[1rwdAwnue, Gmrtnw khr Connectkut 06834 Tekpho": 203.86"Wo Fu: 203-861-6735 (Ncwr Yoft Stock FschsuW Symbol: ME) October 29, 1996 To Whom It May Concern: City of Clearwater, Florida RE: Shopping Center Signs Countryside Square, Clearwater, Florida Dear Sirs: Please be advised that we are the owner of the shopping center known as Countryside Square, located at the intersection of Countryside Boulevard and Route 19 in Clearwater, Florida, -We have hired Todd Pressman and Pressman & Associates, Inc, to represent us in connection with seeking approvals, from the city of Clearwater to improve 'the-shopping center pylon signs. Please call me if you need any additional information or further authorization. Sincerely, ?Ioo WIL Will m( L. Biddle Executive Vice President/ Chief Operating Officer WLB:dsb State of county of t;'# oo Sworn to before me this f day of 1.9 Y Not a VpNBAl931WCHERS Natary Public j:4ue %0mhaslwlb%1094 State of Connect L?OfIMNtlelQlt ?il?lfee: ??z? 4? ? + ? ? ? The Ilvilulhan at Tru.t r%tAbb-h1n;11R1 Pti- ,•r, e• JAW lulu • iu a,, arlr? nt wh,.h.lr,,.•h. ,+Ih ?'.t t?,•ndmrns•+•. atn tsn. Ir, .+?: u..m , ,, .. . n shr trN,rr 411 1hr ;ecrrtan of fhr Cunmu,nhraph ut %li-i,hu•rlh 1•r.-We- thil thr njwe "IMI i'-re-1- •nr•.1„ sse i • v?J: • ?r I'„f?raSnm , r t,ati ,. 1nkovl'-burnrsr.*milt ,duil•,or p,r•,•n?lli frJ'.?In•rr,•.h?•,k,.drrrn.,t•rnrions•rs11111P•..,r•.-.?t':h. +.s.f' i ?;,r.• . r, r Ord l.•1.., .r p• ..I•h•?r•n L?r .1•. ?' .r, . . . .iJr ... i ,. .. .. ? .•?I . .. Al .11 - I ' _iiirqpww z 7.5" 2.5" 1 v. •I s iw* I CMJ?rrRTSIN MARE SHOPPING CSR Signage Variance, i ¦ SICaN AK = lb.? sa f- . A 0 Tuesday Morning Store Location y t, „ (inset) • ` Ih n JL f 1 .? t: p. ? %.?, `e f'1 ? a Q w O` • G M y M D 4 M .+ M y ? ? . vi Y N H b A N -ice I? g F k!?.1. k 1 i ? ?i#! M U ki .1 v p ? r O N M .r w {' •?•kr?t°•"r..'a y, e. i YFri a, .yam .ii... '. _ e cP 0 IRP IFTI E 1997 ITNr' GLEE K DEPT. 2'7.3 ea fines Circle Clew%vatc.r. Florida 33761 July 9. 19917 City Clerk 5. Clrasc: Attention. Clearwater, Florida 34618 Rc: Il ZE, Sign Variance De. Sir/Madam: This letter serves as my objection in the granting of .r sign valiance to YIRG Properties for tltcir property known as Country side Square Shopping Centcr. The notice isles for a second sign of 18.8 sq. tt, at a height of 17 feet In he toc:t"lted nn Villag`.Drive. The sign would be a fu:st fret; standing sign cncraachmc ni on % i[lag Drive. Viltar,e Drivc is a minor, one block road which has Countryside Square Slloppin" ['enter on one side and hiverness Condominiums on the other side. The siting in the sltol7piuig center has very little commercial store access facing Village Drive cruet thus minimizes the commercial impact on the Inverness Condominiums. The main entrances to the shoppinco center are on Counhysidu I31vJa and T 7.5.10 where sio ae is allcnvecl and erotical. 'To allow Ow v;lr-iaiitw to o:rt.o a r.,i?n (in Village Drive would only serve to extend the collIIIIel•cial 5igil clultel to .lrre,th>`r titter t in Clearwater, have a negative impact on the esthetics and pownlial value of the lnvCrnex5 condominiums and offer very little commercial advantage to thi; shopping center. • I strongly time disapproval of this request. • S' icerel}, J Richard "I'. Kane Y Clgearwater City Commission Item C 3 A enda Cover Memorandum Meeting Date: SUBJECT: Variance to the Sign Regulations; 101 S. Park Place Blvd.; The Grand Reserve at Park Place Limited Partnership / The Grand Reserve at Park Place (Owner/Applicant); Timothy A. Johnson, Jr. (Representative). (SV 97-09) RECOMMENDATION/MOTION: Deny the following variances: (1) a variance of five signs to allow seven signs at each entrance, and (2) a variance of 111.1 square feet to allow an aggregate sign area of 159.1 square feet at each entrance, on property identified as Storz Ophthalmics, Inc., Park Place, Lots 2 and 3, for failure to meet Sec. 45.24, Standards for Approval, items (1)-(4). ® and that the appropriate officials be authorized to execute same. SUMMARY: • The Grand Reserve apartments will be built on Lots 2 and 3 of Park Place. On June 6, 1996, both lots were rezoned from General Office to Residential Planned Development 16 for this development. • The development is divided by Park Place Blvd. A gated entrance will be constructed on each side of Park Place Blvd. • Signs will be placed at each entrance. The applicant proposes to place a 47.5 square foot sign on each side of each entrance and a 50.9 square foot sign in the median of each entrance. In addition, 4 signs with an area of 3.3 square feet each are proposed to be placed on the gates of each entrance. • The sign code allows placement of two 24 square foot signs at each entrance. • The following variances are requested for each entrance: (1) a variance of five signs to allow seven signs, and (2) a variance of 111.1 square feet to allow an aggregate sign area of 159.1 square feet. Reviewed by: Orlginating Department: Costs: Commission Action: Legal NIA Central Permitting NIA ? Approved Budget NIA SC) Total ? Approved w/Conditlons Purchasing NIA User Department: ? Denied Risk Mgmt. NIA Central Permitting Current Fiscal Year ? Continued to: Is NIA Funding Source: ACM ? Capita! Improvement: CRT Advertised: ? Operating: Date: 0 Attachments: 0ll?er; Paper: Application Submitted y: ? Not Required Appropriation Code Affected Parties: IN Notified ? None city Mane er ? Not Required 0 Printed onvrecycled paper SV 97-09 Page 2 The following table provides summary information regarding the proposed signs: .S. r. w. ...[..:.. .rJ r. :. r.. S r}.. .r .:. ...:. ..:4...., r.? .., .. .f .... :....:. .. ... .... Y s: e.: :": :.?: ::Y;,}} :.4.r: :>::':•:':. Informa?on ..... ::..1. .. ., ....... '.;.i:i?!:; z.}?:::r; .: ;•::?.::::. ... :..:?..r:.. .r .. .. .. ... .... :: .. .rr..."ri:r ...... ?. :....r...::.. .?.: ^,::: : Propose '.r '. :.': :.::_: :.::s"`.:::.'.rv'} Permitted :: <.., <:..?....r,::.::, ..}:. ...::....:..<; . Type of signs Entrance signs (freestanding) Yes Location/orientation Park Place Blvd. Yes Number 7 signs per entrance 2 signs per entrance Area 159.1 sq. ft. (total per entrance) 48 sq. ft. (2 signs @ 24 sq. ft. each per entrance) Setback 27.5 ft. 5 ft. Staff Comments/Analysis: Conditions do not support approval of the requested variances: • These variances are substantial deviations from the City's sign code. The sign area variance, for example, is more than three times the code allowance. • Many property owners and business owners throughout the City have placed and replaced signs in accordance with the sign code. It would be inequitable to authorize this applicant to place new signs that are so deviate from the code. • The sign allowance specified in the code is ample to identify this development. ..:...... . :<.':'°?•???????? LAN SURi UUNt<? NG USirS :::r::::':;?.:;..::::::.::::-:::.::::>::::.;>::;:..:.r..r. ? ...........:....: ' . ? ------- -------- ----------- Direction Existing Land Uses North Offices South Offices East Mobile home park West Apartments b' SV 97-09 Page 3 Applicable Variance Standards: To receive variance approval, a request must meet all four standards for approval. Based upon review and analysis of the information contained in the application, staff finds that approval of the requested variances does not meet the standards. In particular, the following standards do not appear to be fully met: 1, There are special circumstances related to the particular physical surroundings, shape or topographical conditions applicable to the land or buildings, and such circumstances are peculiar to such land or buildings and do not apply generally to the land or buildings In the applicable zoning district. 2. The strict application of the provisions of the code would deprive the applicant of the reasonable use of the land or buildings. 3. The variance is not based exclusively upon the desire for economic or other material gain by the applicant or owner. 4. The granting of the variance will be in harmony with the general purpose and intent of the land development code and comprehensive plan and will not be materially injurious to surrounding properties or otherwise detrimental to the public welfare. Relevant Previous Decisions by the Commission: There have been no previous variance requests to place more entrance signs than the code allows. FREESTANDING SIGN AREA SSE{•,?<. ;. 'lw ... . •:. >£:. -Q I i ..v?.-ry...k? .. .:. DD.RESS :;. ;.::...:. A .. .:r.....:....:.:r. r.,:..,:.::..: .tin..:: '•....t... .. NAMfw : '. ..:.. . ? .. ..::?::.:>.:;:.::?.<...:..... :'?.:..: '':;:'?:. ?.:VARibNCI? ... 5:..r.:. RE ...I?UESTE •;?TfON=?.:?:.:,:-::?: <MEETING ::DAT???.?'??:. SV 96-22 501 Fairwood Brookgreen 17.2 sq. ft. to allow 41.2 1117196 Ave. Apartments sq. ft./App'd. SV 96-27 530 Fairwood Lantana Southeast sign: 14.7 sq. 11/7/96 Ave. Apartments ft. to allow 38.7 sq. ft./App'd. Southwest sign: 9,6 sq. ft. to allow 33.6 square feet/App'd. SV 97-09 Page 4 VARIANCE WORKSHEET - CASE NUMBER SV 97-09 STANDARDS FOR VARIANCE STAFF FINDINGS APPROVAL (1) There are speclial circumstances Conditions do not support approval of the requested related to the particular physical variances: surroundings, shape or . These variances are substantial deviations from topographical conditions applicable the City's sign code. The sign area variance, for to the land or buildings, and such example, is more than three times the code circumstances are peculiar to such allowance. land or buildings and do not apply . Many property owners and business owners generally to the land or buildings in throughout the City have placed and replaced the applicable zoning district. signs in accordance with the sign code. It would be inequitable to authorize this applicant to place new signs that are so deviate from the code. • The sign allowance specified in the code is ample to identify this development. (2) The strict application of the The requested variances are not necessary to identify provisions of the code would this use. deprive the applicant of the reasonable use of the land or buildings. (3) The variance is not based The requested variances do not appear to satisfy this exclusively upon the desire for condition. economic or other material gain by the applicant or owner. (4) The granting of the variance will The sign regulations were adopted with the intent of be in harmony with the general enhancing the visual quality of the City's streets and purpose and intent of the land landscape in order to protect the value of properties development code and and the well-being of the local tourist oriented comprehensive plan and will not be economy. The granting of these variances does not materially injurious to surrounding appear to be consistent with this intent. properties or otherwise detrimental to the public welfare. 4 CET, _ PERMTT'MNC}?R NT ' 100 So. WATLE AVE., 2w -TAQR CU"WATER, FL 34618 PRONE: 562-067-o VAX 662-4676 INSPECTION ENE: 662-4480 ¦? ..q SV#97--09 SIGN VARI 5 ANCE APPLICATION PROPERTY 0MR6 NAME & ADDRM: THE GRAND RESERVE AT PARK PLACE LIMITED REPRESENTATxVE,S (if any) NAME & ADDRESS: TIMOTHY A. JOHNS N, JR., ESQUIRE PARTNERSHIP, a Delaware limited partnership 0H H,.RLAKELY, POPE, BOKOR, RUPPEL & 1101 North Lake Destiny Drive, Suite 400 911 Chestnut Street, P. 0. Box 1368 Maitland, FL 32751 Clearwater, FL 34617-1368 TFAMHONE: 607 ) 660-8666 TE MEONE: ( 813 ) 461-1818 Ruin Vr Uutk buj, rAurbrrrr: 101 South Park Place-Blvd. (1300 feet north of Gulf-to-Bay Blvd.) The Grand Reserve at Park Place 1.EGAY DJZSCRIPM0NUF9UWECTPWPMTY: Lot 2;'Storz Ophthalmics, Inc. Park Place, according to the plat thereof recorded in Plat Book 109, Page 90, Public Records of Pinel,l Atteahad County, Florida'. RPD-16 R/O/G 9.84 acres wPARCE.G NUN BER: ! 1 I ! 117-29-16-85546-000-0020 *Phis tim is avmUble fpm your tax r ipt or contact PMeHas Ca Property Appiais? s Oil tit 464-9247. ltmare than one gndnumbpx .attach 8 h x 11 tsich sheet. DEMRM SMOUNDING USES OF PROPEmyY Woftb: West: esearch and development facility Single-family residential I if ices 08t: Apartments (i) Dirp.freestanding entrance sign to allow-3.-freestanding entrance signs where a maximum of 2 are permitted; (IQ A to allow 4 Q-4-80a of 3?. . t 947T square feet to allow a total ,r freestanding sign area of sq. ft, where a total of 48 sq. ft. is permitted. fl _ ?. .__.?.. O A?''?AvA?n?" z1cn shs?na e' pritac q the My commiwwurrloea-the Appucutiar. '2111 ov>idcncx? . d pr?eeatlted dearly support tlretolIowingcdlltlrtrQne. 1? Ibmv ate sPwx dmumatances routed to the purdcular physical ammmudinp, shape or tapographrml conditiarts applicable to the land or buildings, and such circumstances are peculiar to such land or buildwgat and do fiat apply generally to the land or buildings in Jha applicable zoning distrkt bemuse: See Exhibit "A" attached hereto and incorporated herein. SD The Awd application of the pro h&ns of the coda would depriva tho applicant of the reasonahle use of tho land ar bail UM because: See Exhibit "A" attached hereto and incorporated herein. 3) The mianee Is not based exduaively upon a desire for economic or others material gain by the appl wnt or mmar bocauva: See Exhibit "A" attached hereto and incorporated herein. 4) The granft of the varlamce will be in harmony wa the general purpose and intent of the Land Development -Cade and Conipreh ?e Plan and wZ not bo materially "urioua to nurmun&ng prap=tL or atho rwiaa datarimenta1 t0he public welfare bemuse: See Exhibit "A" attached hereto and incorporated herein. THO SUHMISSIQN.GIVESANAPPLICANT THE OPPORTUNITYTO WAUEST THE VARIANCEAND APPTA$ HEFQ g TuR DE V mop um T com ADJ'US T BOARD. FEES PAID ARE NON. Y?E 1?EC ARDLESS OF BOARD ACTION. BY SIGNING THIS DOCMT I AM A.CHNOWLEDGING'THAT ALL FEES PAJD DO NOT GUARA.NTM APPROVAL O THIS APPLICATION. I y ??• fL &IGNATUI? OV PROP: OWNER (OR RESk?RESli2?1'i'A'i'E):- asicluda position and name of oompan snpl atxIe} TIMOTHY A. JOHNSON, JR. Swam to and auba&lod before m8 14th Y of July A.D., 19,9 7 E. D. ARMSTRONG III by .. •. wereonaUy know tome has prcnduced ? .?._.. _ _ Asidendfleguam STATE OF PWRIDA, COUNTY OF . Commission: blip: JAYNE E. SEARS Jayne E. Sears •, :• MY CQtr4r9 ONIC=7811 WIMS SeXa7d er 2.1w Name of NOWY typed, pxx Wd or atamped io n T?.w,ror ruM r+s , wc. .iO pROOPSIi'I'Y OWNER OR REPRE EWATM SET Any= HEM. M. • APPLICATION SHALL INCLUDE A S ' . FORM - 9ION9 VARIANCE (Nw*m1*r e, IGM1410-0= V EXHIBIT !A" TO SIGN YARIANCE APPLICATION W27-09 1) There are special circumstances related to the particular physical surroundings, shape or topographical conditions applicable to the land or buildings, and such circumstances are peculiar to such land or buildings and do not apply generally to the land or buildings in the applicable zoning district because: The Grand Reserve at Park Place is located on Park Place Boulevard within the Park Place DRI. It is currently the only apartment complex within the City of Clearwater which is located within a DRI. 2) The strict application of the provisions of the code would deprive the applicant of the reasonable use of the land or buildings because: r, The maximum entrance signs permitted by the Code are not adequate to identify a development of this size and design. 3) The variance is not based exclusively upon a desire for economic or other material gain by the applicant or owner because: The proposed signs will enable the applicant to provide an aesthetically pleasing entrance for the residents of this upscale apartment community. 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 proposed signs are attractive and aesthetically In keeping with the area. They either face Park Place Blvd, or are contained within the development and will not affect the surrounding properties. 1, - ---•--?------ s e t i t f 49/20/D7 09:54 0413 123 7119 WW44/1M7 07:0 Ott37j712J JO 4MIUMI zm JOHNSON ALAICR& G?pGs ? a rip c? Cl) Ina* 0 'd !»ri"!s ri?tMRnr 81441sblfei !T/ 41;61 M nl 840#1MIt tors,;`t o?„tslftt'r I`t'?M` lirAlln M nl 06/20107 09,40 t?a13 441 8017 JOHNSON BL.AKELY It 003 0$/!0/sT 08:54 V813 223 7118 JOINSM BLAKELY -0-0+ JOHNSON BiAjQ.-A- 10602 e?l?1l?77 87;1 mn27Y?G3 ;YOPTUFC 0100 Im 04 A ob I 1 :log lit I %Ili T ic sit I 8 WIN ? e fhAR 9 Vol a GA 0 rr H GO WIIL • :I?.b'If d? ?? dVT,L1Ul0?? F? LiOtttltRtT >??S rt;?i ?[?,???I?1: t? Od/t0/?7 Oa:41 IMals 441 $017 JOHNSON BLAKELY Woos ?t ?aili@ gill ?M N a cn en M z 0 HI CO) 6d . 3?d ONI SNDIS 3rii"IS EgrIT ZEZH LOW L661/0L/98 mot/ ?I •Y..a 1.114 V11/11 A././\IIY Vyyy\I?f711J1 f Ij/1//.{1./ Kf.om 441 01 0 .rp ati+r? i II'' q*b 1 \ t OD ?Lqj. - F?l TT r '. I G a tuKa ?,a??r??eR?a6 l 1 a r ? .rear 00 .. RNA 16 d8 t ML, A ?r ** nn ir 11 Lot I MAN 4 to 0 14 17 43 jr, j r ?:•:??; f' .., •"" `Ci .' lot i 47rJ?';• k ~ T 64 37 p n . t •• `?: 0 .. '.;,; 0 fT w sew loam 23I07 .?? ?6?:Mh y i 41w ! ! • c 0 3P SIMI is r •.. n LEE- vp fAkuv V., 311 LrrpARCgL r1AI 1 11 • 0 ''r" I i r ?r st • . it all a r s e 3 Clearwater City Commission Item a: Agenda Cover Memorandum Meeting Date: SUBJECT: Variance to the Sign Regulations; South end of Park Place Blvd. right-of-way; The Grand Reserve at Park Place Limited Partnership 1 The Grand Reserve at Park Place (Owner/Applicant); Timothy A. Johnson, Jr. (Representative). (SV 97-10) RECOMMENDATIONNOTION: Approve a variance to allow a second freestanding sign 19.5 square feet in area and 6 feet high in the median at the south end of Park Place Blvd. at the intersection of Gulf to Bay Blvd., for meeting Sec. 45.24, Standards for Approval, Items (1)-(4), subject to the following conditions: 1. The applicant shall execute a revocable maintenance agreement with the City that will require the applicant to maintain the sign in good repair. 2. The applicant shall provide liability protection to the City. ® and that the appropriate officials be authorized to execute same. SUMMARY: • This property is located on the north side of Gulf to Bay Blvd., east of U.S. 19, and is zoned General Commercial. • The applicant is requesting a variance to allow a second freestanding sign in the median of Park Place Blvd. The proposed sign will be 19.5 square feet in area and 6 feet high. It will be placed on the north side of the existing sign. • The proposed sign will identify the Grand Reserve apartments located approximately 0.2 mile to the north on Park Place Blvd. Reviewed by: Originating Department: Costs: Commission Action: Legal NIA Central Permitting NfA ? Approved Budget NIA Ss Total ? Approved wlConditions Purchasing NIA User Department, ? Denied Aisk Mgmt. NIA Central Permitting Current Fiscal Year ? Continued to: Is NIA Funding Source: ACM ? capilak Insprovementt CRT ) Advertised: ? W oparaUnp: Date: C] Attachments: other Paper: Application Submitted by: ? Not Required Appropriation Code Affected Parties: ® Notified ? None City Manager; ? Not Required 10 Printed on recycled paper SV 97-04 Page 2 The following table provides summary information regarding the proposed sign: :s...; .::. »::::..,...:>... >informaation:::, P o ?osed?: ` Prmitta Type of sign Freestanding No sign permitted in street right-of-way Locationlorientation Gulf to Bay Blvd. No sign permitted in street right-of-way Area 19.5 sq. ft. No sign permitted in street right-of-way Setback 5 ft. No sign permitted in street right-of-way Height 6 ft. No sign permitted in street right-of-way Staff Comments/Analysis: Conditions support approval of the requested variance: • The Park Place development agreement contemplated the placement of signs in the within the street right-of-way dedicated to the City by the developer. Specifically, it stated: "City-agrees that business identification signs otherwise consistent with City sign regulations and subject to site plan review requirements, including sign size, design, and location, may be placed and maintained within publicly dedicated right-of-way so long as no danger to vehicular or pedestrian traffic is imposed thereby." • The proposed sign is modestly sized with an area of 19.5 square feet and a height of 6 feet. • Approval of this sign will not detract from the appearance of the City. SURROUNDING. LA D ' ES Direction Existing Land Uses North Offices South Clearwater Mall East Restaurant West Restaurant r' SV 97-04 Page 3 Applicable Variance Standards: To receive variance approval, a request must meet all four standards for approval. Based upon review and analysis of the information contained in the application, staff finds that approval of the requested variances meets 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. Relevant Previous Decisions by the Commission: There are no relevant previous decisions by the Commission. It is noteworthy that the existing 130 square foot sign located within the Park Place Blvd. median was permitted in July, 1993, before the right-of-way was publicly dedicated. I•• II . ' .' SV 97-04 Page 4 VARIANCE WORKSHEET - CASE NUMBER SV 97-10 STANDARDS FOR VARIANCE STAFF FINDINGS APPROVAL (1) There are special circumstances Conditions support approval of the requested variance: related to the particular physical o The Park Place development agreement surroundings, shape or contemplated the placement of signs in the within topographical conditions applicable the street right-of-way dedicated to the City by to the land or buildings, and such the developer. Specifically, it stated: circumstances are peculiar to such "City ...agrees that business identification signs land or buildings and do not apply otherwise consistent with City sign regulations generally to the land or buildings in and subject to site plan review requirements, the applicable zoning district. including sign size, design, and location, may be placed and maintained within publicly dedicated right-of-way so long as no danger to vehicular or pedestrian traffic is imposed thereby." The proposed sign is modestly sized with an area of 19.5 square feet and a height of 6 feet. 4 Approval of this sign will not detract from the appearance of the City. (2) The strict application of the The requested variance is reasonable to identify this provisions of the code would use for the reasons stated above. deprive the applicant of the reasonable use of the land or buildings. (3) The variance is not based The requested variance appears to satisfy this exclusively upon the desire for condition. economic or other material gain by the applicant or owner. (4) The granting of the variance will The sign regulations were adopted with the intent of be in harmony with the general enhancing the visual quality of the City's streets and purpose and intent of the land landscape in order to protect the value of properties development code and and the well-being of the local tourist oriented comprehensive plan and will not be economy. The granting of this variance appears to be materially injurious to surrounding consistent with this intent. properties or otherwise detrimental to the public welfare. CENTRAL PE G VEpALUTME T 100 So. MYRTLE AVE,, 2N6 ?( O' CLEARWATER* PL 24816 PHONE: 562-4567; VAX: 562-4576 IWSPECTION LINE: 502-41580 1*4..K , SVf97--1.]D APPLICANT: 8 1 G N VAR CE z44a.PPLICATION PROPERTY OWNERM NAME & ADDRESS: * THE GRAND RESERVE AT PARK PLACE LIMITED REPRESENTATIM(S) (If Any) NAME & ADI]RM: PARTNERSHIP,a Delaware limited partnership ©N LAKELY, POPE, BOKOR, RUPPEL b North Lake Destiny Drive, Suite 400 911 Chestnut Street, P. 0. Box 1368 Maitland, FL 32751 Clearwater, FL 34617--1368 *PROPERTY OWNER IS CITY OF CLEARWATER TFJPHONE: C07 ) 660-8666 TELEPHONE: (813 ) 461-1818 AUVtLNi b Ul" bUbdb;U1'r1(Urb;tC1'1r; South end of Park Place Blvd. R-O-W NAME OF BUMMS (IF APPLICABLE): The Grand Reserve at Park Place v??ww?ti r?w+wwwvw. +a?w wrrwe v+rs aivi.ra? ?1e..sr?v?7. 4+??+?M +{'K},L:a;y CG (General Commercial.) CG DEL L. I)RACRUMON OF SU134MCT PROMM. out en of Park Place Blvd. R-O-W// Median of Park Place Blvd. at intersection of 1A#1,nA,n,j Gulf-to-Bay Blvd. "`PARCEL NUMBER: I i / ! I *This information is available from your tax reeipt or contact Pin©llas Co. Property ApprobeY's Ol a at 46442137. If mare than one 1RUcel cumber .attach 8 % x 11 inch Amt. DESCRIBE SURROUNDING USES OF PROPEII.T'SC North: • Offices East: Restaurant Souft Clearwater Mall West: Restaurant VARMCECS)UQUEST.. A variance to allow a second freestanding sign of 19.5 square Ifeet in area and 6 feet in height to be located in the median of-Park Place Blvd. I .'' ..h'_".i :r'? ?1.? ....?Y r S. .? .r`41t? : ?. f.^.? ?J z.J?T?i.yl..Jr .. .f:?? ?? ?'.??, . ? ? '??? ? ' • .9TA14 1 FOR APPROVAL: A variance shall mat bi 'grantod'by the City CommiAs unlem-the application end evidence presented clearly support the following conditioner 1) There are spedal ch=mstanees related to the parmular physical surroundings, ohape or togop phical conditions applicable to the land or buildings, and such circumstances are peculiar to such land or buildings and do hot apply generally to the land or buildings in the applicable zoning district because: See Exhibit "A" attached hereto and incorporated herein, 2) The atria applicatioa of the praviaione of the code would deprive the applicant of the reamnable use of the land ar was beaamm: See Exhibit "A" attached hereto and incorporated herein. 8) The variance is not based exclusively upon a desire for economic or other material gain by the applicant or owner b&mufa: See Exhibit "A" attached hereto and incorporated herein, 4) The granting of the variance will be in harmony with the general purpose and intent of the Land Development. Code and Comprehensive Plan and will not be materially ' 'urious to surrounding propertie2 or othorwim detrimental to the public welfare because: See Exhibit "A" attached hereto and incorporated herein. THIS SUBMISSION GIVES AN APPLICANT THE OPPORTUNITY TO REQUEST THE QARIANCE AND APPEAR BF"RR THE DEUL OPMENT CODE ADJUSTMENT BOARD. FEES PAID ARE NON RSFUNDAHLE REGARDIM OF BOARD AMON. BY SIGNING THM DOCUNMNT YAM ACKNOWLEDGING THAT ALL FEES PAID DO NOT G[]'ARANTp..E APPROVAL OF THIS APPLICATION. SIGNATURE OF PROPELtTY OWNER (OR RESPRESE (Include po&Won and name of ean%finy if applicable) TIMOTHY A..JORNSON, JR. Sworn to and aubaciribed before me 14th __day of July , A.D., 19 9z by E. D. ARMSTRONG III vin is parson ally know to M has produced identi5cadom STATE OF FLORMA. COUNW OF PINELLAS ?:. Cammigs=, : W COM OONE E. CC EXPIRES SEARS Jayne E. Sears SVVMbW2.IN? Name of Notary typed, printed Or stamped ,. 10lDE PWTWYFANPUMIR. N(DPT ERTY OWNER OR REPRESENTATIVE MIIIfiT A7WND HFARING. • APPLICATION SHALL INCLUDE A FOMd • SIGNS VARIANCE (Nwat"r e,1MM1410-OM EXHIBIT "A" TO SIGN VARIANCEAPPLICATICN VALID 1) There are special circumstances related to the particular physical surroundings, shape or topographical conditions applicable to the land or buildings, and such circumstances are peculiar to such land or buildings and do not apply generally to the land or buildings In the applicable zoning district because: 'The Grand Reserve at Park Place Is located on Park Place Boulevard within the Park Place DRI. Although Park Place Blvd. is a public right-of-way, it is generally traveled only by those visiting developments within the Park Place DRI. It is important to have property identification on Gulf-to-Bay Blvd. 2) ' The strict application of the provisions of the code would deprive the applicant of the reasonable use of the land or buildings because: Without the granting of this variance, the applicant's property will not have a property identification sign on Gulf-to-Bay Blvd. Such identification is necessary, not only for advertising purposes but for the guests and invitees of the residents of The Grand Reserve at Park Place. 3) The variance is not based exclusively upon a desire for economic or other material gain by the applicant or owner because: The applicant is developing Lots 2 and 3, Storz Ophthalmics, Inc. Park Place with a total of 390 upscale apartment units at a substantial financial investment to the applicant. The applicant has exhausted all efforts and has been unable to come to an agreement with the party controlling the existing property identification sign in the Park Place Boulevard right-of=way. 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 proposed sign has been designed to be unobtrusive, aesthetically in keeping with the area and of the minimal size needed to appropriately designate the entrance of a development of this size. 09/20/97 00:40 V$13 111 8917 JOHNSON BLAKELY 0004 ' W cf3 to CT I I z foe t2 3DW wp"m mvmw tt"Yltclat "A tuft XLL trrttrto DNr &VIS 3tl"IB MUGLET8 L8.88 L66f18S/40 rte- K ? f 0 j;46 e. ep C*vr ,ram„ ? !gyp ? '?,,,` eye jerostael.5 . 3/01 of 1 r'oa A v 21.05 J.J. GGS MM_ 9 -40 PARCEL PAR PARCEL "C` PARCEL PAR L .E. Ar . PLACE 3 B PP K Sit p.: ow 410 GULF TO BAY BLVD S NAI-M ism-on S R 4 A 8 31/Ot A STAPON (5) lp P/Sp • jut j...?_ ...........................? Poo xwwai Swud ORDINANCE NO. 6149-97 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, CREATING A NEW SECTION 21.17 RELATING TO BEGGING BY INTIMIDATION; PROVIDING FOR DEFINITIONS; PROHIBITING BEGGING WITH THE INTENT TO INTIMIDATE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, tiie Clearwater City Commission finds that individuals begging for money while engaged in conduct intended to intimidate persons into acceding to the beggar's demands is adverse to the health, safety and welfare of the citizens of the City; and WHEREAS, the ordinance is not intended to infringe upon any person's right to Constitutionally protected free speech, but is intended to prohibit conduct that would cause a reasonable person to be fearful of imminent harm to his or her person or property; now, therefore, .. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 21.17, Code of Ordinances, is created to read as follows: Sec. 21.17. To beg by intimidation. (1) Definitions. (a) Beg means to ask, solicit, or plead, whether orally or in a written or printed manner, for the purpose of receiving money, goods or gifts of items of value for one's self or another person. (b) Intimidate means to engage in conduct toward a person in such a manner as would cause a reasonable person to be fearful of imminent harm to his or her person or property. (2) It shall be unlawful for any person to beg with the intent to intimidate. Section 2: This ordinance shall take effect immediately upon adoption. ¦ Ordinance 6149-97 PASSED ON FIRST READING August 7 1997 PASSED ON SECOND AND FINA! ORDINAN!QE_I__O, 6166-97 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO OCCUPATIONAL LICENSE FEES; AMENDING APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES BY 5% INCREASE IN FEES AND AMENDING THE ADMINISTRATIVE FEE CHARGES; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMNIISSION OF THE CITY OF CLEARWATER, FLORIDA: ecd n 1. Appendix A, Code of Ordinances, is amended to read: APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES XXVM. OCCUPATIONAL LICENSE FEES: Category No. Category Fee 001.000 ABSTRACT OR TITLE COMPANIES ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, $200.00 210.00 002.000 ADMINISTRATIVE OFFICE ..................................................... ..... 7549?-78.75 003.000 ADVERTISING OR MARKETING 003.010 Agency, general ............................................ 3-5.00 57.75 003.020 Coupon book publisher or distributor (See note B) ,,,,,,,,,, 49989 105.00 003.030 Directory or guidebook publisher,,,,,,,,,,, .............................., 100.00-105.00 ,,, 003.040 Handbill or sample distributor ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,, 5-5.99 57.75 003.050 Soliciting for publication not listed in city,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,, 4500 47.25 003.060 Outdoor signs, advertising for other than the business on the premises,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,, 55.00 57.75 003.070 Welcome or greeting service.................................................. ..... 39:99 52T50 003.080 Trade inducement business, NOC,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,, X09 115.50 004.000 ADULT ENTERTAINMENT ESTABLISHMENT (See note B; See Chapter 41, Article V),,,,,,,,,,,,,,,,,,,,,,,,,,, ...... 4;000:09 1050.00 005.000 AGENT OR AGENCY (See also brokers): 005.010 Book or magazine,,,,,,,,,,,,,,,, .................................................. 45:99 47.25 ..... 005.020 Claim or collection (see note B),,,,,,,,, ,,,,,,,, 1-10.00 115.50 '005.030 Credit reporting and mercantile,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 63-09 68,25 005.040 Employment ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.. 65:89 68.25 005.050 Manufacturers/sales representative NOC,,,,,,,,,,,,........ . .......... ..... 45-.004725 005.060 Private detective or company (See note B),,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,, 4444 115.50 005.070 Property management or leasing,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,, 55;99 5j. 005.080 Talent (see note D) ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,, 655499 6 2 005.090 Travel (see note D) ................................................................ .... 73;89 78.75 Ordinance 6166.47 .rf i • , 006,000 AIRCRAFT (See note B; requires Engineering Dept. approval): 006.010 Charter or rental ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ................. 1-19:99 115.50 006.020 Flying instruction .... . ................. 44-OM 115.50 006.030 Passenger service ...................................................................... 4 4,"o 115,50 006.040 Sales, new or used .................................................................... 110.00 115.50 006.050 Servicing .................... .,..,........... - 1-10:09 115,50 006.060 Storage, field or hangar ............................................................. 1-109 115.50 007.000 AIRPORT (see note B)„,,,,,,,,,,,,,,,,,,, ,,,,,,,,, 2 -25.00 23-6425 008.000 ALARM SYSTEM BUSINESS, FIRE, BURGLARY, MEDICAL MONITORING (see note B) ................................... . 5.55-.69 57.75 009.000 AMBULANCE SERVICE (See article III of chapter 25),,,,,,,,,,,,,,,,,, Sr,90-57 ,75 Plus per vehicle ........................................................................... 20.09 21.00 010.000 ANIMALS 010,010 Kennel ,,,,,,,,,,,,,,,,,,, ,,,,,,, 3-5:99 57.75 010.030 Groomer ..................................................................................... 45;00 47.25 011.000 APPRAISER (See note D for Real Estate),,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 65:99 6815 012.000 ARMORED CAR SERVICE (See note B) ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 53:00 57.75 Plus per vehicle ........................................................................... 2&W 21.00 013.000 ARTIST .......................................... ,...........,................................ X00 78.75 014.000 AUCTIONEER (see notes B and D),,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,, 2 2"0 231.00 014.010 Auction gallery (See notes B and D) ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 6 7-5-.90 708.75 015.000 AUDITOR 70. 73.50 016.000. AUTOMOTIVE: 016.010 Dealership - Sale of new and used vehicles,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 4 99;09 420,00 016.020 Dealer - Sale of only used motor vehicles,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 3 90:00 315 40 016.030 Garage - General repairs or replacements (See note D), for 10 bays or less,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 75.00 78.75 016.031 For each additional bay ......................................................... X0.00 10.50 016.040 Rental - Autos, trucks, recreational vehicles,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 1 39.00 157.50 016.050 Parking lot, permanent or temporary 016.051 1-10 spaces ........................................................................... 2-5.0026.25 016.052 11-50 spaces ,,,,,,,,,,,,,,,,,,,, ..................................................... 33-90 36.75 016,053 Over 50 spaces ...................................................................... 73-00 78.75 016.060 Storage 016.061 1-50 Spaces ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, .......................... 35.08 57.75 016.062 Over 50 spaces ...................... ..................... 1 10.0 9 115.50 016,070 Washing and polishing ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 23:99 26,25, 016.080 Wrecker or towing service ........................ 45x.99 42,U 2 Ordinancc 61W97 016.090 Service station, per fuel pump,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,, 23:99 26,25 017.000 BAIT DEALER ...................................................................... .......... 35.00 36.75 018.000 BAKERY GOODS, RETAIL ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,, 35"0 57,75 019,000 BANKS (including savings and loan associations) for each bank location main or branch,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,, 230-.09 262,50 019.010. Automatic teller machines,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,, 4.00:00 105 00 020.000 BARTENDER, FREE LANCE,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,, 50.00 52.50 021.000 BATHHOUSE (see chapter 9 division III),,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,, 23:09 26.25 021.010 Technician ............................................................. .........:. .......... 35 00 57.75 022.000 BEAUTY SALON/BARBER SHOP NAIL SALON, TANNING SALON ....................................... .......... 40:00 42.00 Plus, for each chair or booth (see note D) ,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,, 40;80.10,50 022.010 Manicurist (see note D),,,,,,,,,,,,,, ,, ,,,,,,,,,, 25;00 26.25 023.000 BOATS AND BOAT TRAILERS: 023.010 Dealer............... ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,"'*"..................,... ........4-00:00105.00 023.020 Repairs and service ,,,,,,,,,,,,,, ,,,,,,,, ............, ,............... .......... 69:89 63,00 023.030 Rental (needs Harbormaster approval) ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,, 33:09 36.75 023.040 Storage ............................................................................. .......... X00 78.75 023.041 Washing and Polishing ..................................................... .......... 23 00 26.25 024.000 BOATS, PASSENGER: (needs Harbormaster approval) 024.010 1-15 passengers ................................................................ .......... 49:80 4200 024.020 16-25 passengers .............................................................. .......... 33:00 57.75 024.303 26-50 passengers .............................................................. .......... 63:00 68.25 024.040 51-100 passengers ............................................................ .......... 73:00 78.75 024.050 101-300 passengers ........................................................... ........ 400-.00 I05•00 024,060 Over 300 passengers,,,,,,,,,,,,,,,,,,,,, 290:00 210.00 025.000 BOOKKEEPING SERVICE .................................................. .......... 33:00 57.75 026.000 BROADCASTING, RADIO AND TELEVISION STATION OR STUDIO .......................................................................... ........ 1-10:90 115,5 027,000 BROKER, each 027.010 Broker, mortgage (see note D) .......................................... .......... 35;00 57,75 027.020 Broker, merchandise ......................................................... .......... 33:00 57.75 027.030 Broker, stocks, bonds, etc., dealer,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,, 165;00 173.25 027,040 Broker, stocks, bonds, etc., individual ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,HA00 115,50 027,050 Broker, real estate (see note D)................................... &5-.00 57.75 Plus for each additional salesperson,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,, 23:00 26.25 028.000 BUSINESS ADVISORY SERVICES, NOC ,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,, 410.0 115,50 Ordinance 6166-97 029,000 (Reserved) 030.000 BUYERS CLUB „ -190:89 105.00 031.000 CATERER ......... X90 57.75 .........................................,,,,,,,.............................. 032.000 CEMETERY/CREMATORIUM,,,,,,,,,,,,,,,,, X10-.0 210.00 ................................... 033.000 CLEANING, PRESSING AND DYEING 033.010 Plant ..........................................................................................1 08 183.75 033.020 Branch/collection, each ............................................................... 33:98 57.75 033,030 Self service or hand laundry ,,,,,,,,,,,,,,,,,,,,,,,,, 63:88 68.25 Plus, per machine,, ..................................................................... 1.00 033.040. Carpet cleaning on-site ................................................................ 55.00 57.75 034.000 . COIN AND/OR STAMP DEALER (see note B) 35:00 57.75 035.000 COMMERCIAL RECREATION/ENTERTAINMENT, NOC ........ 400.09 420.00 035.010 Dealer or lessor of amusement machines ,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,, 110.0 115.50 035.020 Miniature golf ................................................................... .......... 33.08 57.75 035.030 Per game/machine/ride (excluding dealer) ,,,,,,,,,,,,,,, ,,,,, ,,,,,,,,,, 300 36.75 035.040 Entertainer (each) ........................ ...............................,,,,,, ,,,,,,,,,, 35.0 57.75 035.050 Skating rink, shuffleboard, archery range or golf course,,,, ,,,,,,,, 4-18:98 115.50 035.060 Billiard parlor .............................................................................. 70:08 73.50 Per additional table .......................... ...................................... .1.0:88 10.50 035.070 (Reserved) 035.080 Theaters, with up to 150 seats,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,, 239:90 262.50 035.081 Theaters, with 150 or more seats,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,, 339:89 577.50 036.000 CONSULTANT, NOC ............................................................ ......... 73:88 78.78 037.000 CONTRACTORS, GENERAL CONSTRUCTION: 037.010 Class "A" general (see note D),,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,, 230.00 262.50 037.020 Class "B" building (see note D),,,,,,,,,,,,,,,,,,,,,,, , ,,,,,,, 173:89 183.75 037.030 Class "C" residential (see note D),,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,, ,100.00 105.00 038.0 CONTRACTORS OR SUBCONTRACTORS (NOT GENERAL) 038.010 Acoustics,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 35.00 57.75 038.020 Air conditioning contractor, Class A (See note D),,,,,,,,,,,,,,,,,,,,, ,1 39:90 157.50 038.021 Air conditioning contractor, Class B (See note D),,,,,,,,,,, ,,,,,,,,, 4 18(H99 105.00 038.022 Air conditioning contractor, Class C (See note D),,,,,,,,,,,,,,,,,,,,,,, 70:98 73.50 038.030 Alarm systems specialty (See note D),,,,,,,,,,,,, ............................. 33498 57.75 038.040 Aluminum (See note D) ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 35:98 57.75 038,050 Awning, shades and blinds ,,,,,,,,,,,,,,,,,,, ,,,,,,,,, 43:88 47.25 038,060 Boiler ..... .....,..... ............................................................. 3-5;08 57.75, 038.070 Carpentry (See note D),,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 55.0 57.75 038.080 Cabinetry and millwork ............................................................... 6"0 5775 038.090 Communication systems specialty (See note D) ,,,,,,,,,,,,,,,,,,,,,,,,,, 5-5.89 57.75 038.100 Demolition, building (See note D),,,,,,,,,,,,,,,,,,,,,,,_....................... 3-S-08 5775 4 Winn= 6166.97 038.110 Dredging ............................................................................ ......... 33:09 57.75 038.120 Drywall (See note D) ,,,,,,,,,,,,,,,,,,,,,,,,,,,,, .... 53:99 57.75 038.130 Electrical (see note D),,,,,,,,,,,,,,,,,,,,, ,,,,, ,,,,,,, 150:98 157.50 038.140 Excavating, including filling, grading, and land clearing,,,,,, ,,,,,,,,, 33:90 57.75 038.150 Elevator (See note D) ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,, 53:99 5775 038.160 Exterminator (See note D) ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,, 5508 57.75 038,170 Fence erection (See note D),,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,, 5599 57.75 038.180 Fire sprinkler system,'building (See note D) ,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,, 5-5-98 57.75 038.190 Flat work masonry specialty (See note D) ,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,33:09 57.75 038.200 Floor covering, laying, sanding, finishing ........................... ......... 599 57.75 038.210 Gas, natural (See note D),,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,, 5-5:00 57.75 038.220 Gas, liquid petroleum (See note D) ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,, 5-5.99 57.75 038.230 Garage door and operator installation (See note D),,,,,,,,,,,, ,,,,,,,,, 35.09 57.75 038.240 Glass and glazing (See note D) ........................................... ......... 33:90 57.75 038.250 Gunite and sandblasting .................................................. ......... "-.00 57.75 038,260 Hauling, trucking or moving ............................................ ..... 5-5:99 57.75 038.270 House-moving (FDOT) ...................................................... ......... 53:88 57.75 038.280 Installation, NOO ............................................................... ......... 53-09 57.75 038.290 Insulation .................. .............. ............................ .......... .. . .........5589 57.75 038.300 Irrigation systems specialty (See note D),,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,, 3599 57.75 038.310 Janitorial service ................................................................ ......... 5588 57.75 038.320 Landscaping/tree surgery ................................................... ......... 3-5.00 36.75 038.330 Lawn, yard and garden care ............................................... ......... X155-.80 57.75 038.340 Low voltage systems specialty (See note D),,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,, 5599 57,75 038.350 Maintenance work (NOC) .................................................. ......... 53:99 57.75 038.360 Marble setting includes the (See note D) ..................................... 5"0 57.75 038.370 Marine specialty (See note D) ............................................. ........ 35.08 57.75 038.380 Mechanical contractor (See note D),,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,, 4-59:99 157.50 038.390 Mobile home setup specialty (See note D),,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,, 55.0 57.75 038.400 Ornamental iron work ......................................................... ........5-5:80 57.75 038.410 Painting - including paperhanging (See note D) ,,,,,,,,,,,,,,,,,,, ,,,,,,,, 55.09 57.75 038.420 Paperhanging (only),,,,,,,,,,,,,,,,,,,,,,,, 55-.00 57.75 038.430 Partitions, movable ............................................................ ........3589 57.75 038.440 Paving (See note D) .. . .................................................... ........33:00 57.75 038.450 Pile driving (See note D) .................................................. .. ........ 55 88 57.75 038.460 Pipeline (See note D) ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,, 55:99 57.75 038.470 Plaster and stucco specialty (see note D)..................................... 55;99 57.75 038.480 Plumbing (See note D) ,,,,,,,,,,,,,,,,,,,,,,, .,,,,,,,,...,................... ...... 150.00 157.50 038.490 Pollutant storage systems; gasoline, oil, etc (See note D),,,,, ,,,,,,,,3598 57.75 038.500 Pressure cleaning ..................... ,,,,,,,,,,,,,, ............ ........ 35.08 57.75 038.510 Prestressed precast concrete specialty (See note D),,,,,,,,,,,,, ,,,,,,,, 55.00 57,75 038.520 Refrigeration, commercial and industrial (See note D),,,,,,,,, ,,,,,,,, 5589 57.75 038.530 Reinforcing steel specialty (See note D) ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,, 5-5.00 57.75 038.540 Roofing (See note D) .......................................................... ........53:08 57.75 038.550 Septic tank/sewer cleaning ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,53:89 57.75 038.560 Sheet metal (See note D) ,,,,,,,,,,,,,,,,,,,,, ,,,,,,,, ,,,,,,,, 35.00 57.75 038.570 Shutter and opening protectives (See note D),,,,,,,,,,,,,,,,,,,,,, ,,,,,,,, 35.00 57.75 038.580 Signs - electrical (See note D),,,,,,,,,,, 35-00 57.75 038.590 Signs - nonelectrical (See note D) ....................................... ........ 35:88 57.75 038.600 Solar (See note D) .............................................................. ........ 55.00 57.75 5 Ordinance 6166-97 038.610 Steel reinforcing (See note D)........................................... 555-.08 57.75 038.620 Structural masonry specialty (See note D),,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,, 33:00 57.75 038.630 Structural steel (See note D)................................................. ...... 56.09 57.75 038.640 Swimming pool, residential (See note D),,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,, 3-S:99 57.75 038.641 Swimming pool, commercial (See note D),,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,, 33700 57.75 038.642 Swimming pool, service and maintenance (See note D) ,,,,,,,,, ,,,,,, 33-00 57.75 038,650 Tile and marble specialty (See note D) ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,, ,,, 5S.0 57.75 038.660 Underground utility (See note D) .......................................... ......33:69 57.75 038.670 Veneer specialty (See note D) .............................................. .. ... 35 09 57.75 038.680 Water softener installation and service,,,,,,,,,,,,,,;,,,,,,,,,,,,,,,,,,,, ,,,,,, 33:09 57.75 038.690 Welding (requires certification) ............................................. ...... 33:00 57.75 038.700 Well drilling (Requires certification from SWFWMD) ,,,,,,,,,,, ,,,,,, 33:80 57.75 038.710 Window cleaning ,,,,,,,,,,,,,,,,,,,,,, 35.09 3625 038.720 Wrecking and dismantling (other than building),,,,,,,,,,,,,,,,,,,,, ,,,,,, 33:90 57.75 039.000 COSTUME OR CLOTHING RENTAL ..................................... ...... 45.00 47,25 040.000 DATA PROCESSING CONSULTANT/PROGRAMMER,,,,,,,,, ,,,,,, 730 78.75 040.010 Data processing software ...................................................... ...... 515:09 57.75 041.000 DATING/ROOMMATE SERVICE (See note B) ,,,,,,,,,,,,,,,,,,,,,,, ,,,, 1-10.09 115.50 042.000 DECORATOR, INTERIOR ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,, 5:5:80 57.75 043.000 DELIVERY&IESSENGER SERVICE (includes first vehicle),,,, ,,,,,, S". 0 57,75 Plus, per each additional vehicle ,,,,,,,,,, ,,,,,, 20.0 21.00 044.000 DESIGNER, INDUSTRIAL (See note D) .................................. ...... 5x5.00 57.75 045.000 DISC JOCKEY, FREE LANCE .................................................. ..... 55.00 57.75 046.000 DIVER ............................................................................................. 30.00 52.50 047.000 DRAF'T'SMAN ............................................................................ .....73:00 78.75 048.000 ELECTRIC POWER COMPANY ............................................... ... 445"0 157.50 049.000 EQUIPMENT RENTAL, small tools or appliances,,,,,,,,,,,,,,,,,,,,,, ,,,,, 33-00 5775 049.010 Equipment rental, large, heavy duty ....................................... ... 110.00 115.50 050.000 FLORIST ......................................................................................... 51S.90 57.75 051.000 FREE SERVICE BUREAU ...... ,,,,,,,,,,, 79:90 73.50 052.00 FURNITURE REFINISH, REUPHOLSTER, CLEAN AND REPAIR ................................................... 3~5 89 57.75 053.000 GROUP CARE FACILITIES 053,010 Congregate care (21 or more clients) ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,P.5 9 157.50 053,020 Convalescent/nursing home,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 440790 57 50 6 ordinance 6166.97 053,030 Family care home (I--6 clients) ......................................... 33-0A 36.75 .......... 053.040 Group care, level 1(7--14 clients) ,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 45.00 47.25 .................. 053.050 Group care, level II (15--20 clients) ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 70:89 73.50 053,060 Group care, level 111 (1--20 - special treatment) ,,,,,,,,,,,,,,,,,,,,,,,,,, 83 09 89.25 054,000 GUNS (See note B; requires federal firearms license), dealer, includes repair ................................................................................ 11-0:09 115.50 055.000 HEARING AID, AGENT OR DEALER 65,00 68.25 056.000 HOSPITAL .......................... ................................. 228-09 231.00 057,000 INCOME TAX PREPARER ... .......................... 55.00 57.75 058,000 INSURANCE 058,010 Per each company, class, and type of insurance ,,,,,,,,,,,,,,,,,,,,,,,,,,, . 73:09 78.75 058.020 Adjuster ...................................................................................... 65 09 68.25 058.030 Agency (includes 1 principal, owner, manager or agent) X00 57.75 058.031 Plus, per agent ............................................................................ 23:00 26.25 058.040 (Reserved) 058.050 Agent, independent,,,,,,,,,,, „73:90 78.75 059.000 ITINERANT OR PERMANENT, KNIFE TOOL SHARPENER ,,,,, 25,00 26,25 059,010 Itinerant, agriculture peddler .......................................................35.00 36.75 060.000 KINDERGARTEN, NURSERY OR DAY CARE (See notes B and D) ,,,,,,,,,,,,,,,,,,,,,, 43-08 47.25 061,000 LABORATORY (includes dental, medical, research, analytical, photo, chemical testing, etc.) .............................................................. 80:00 84.00 Plus, per employee ......................................................................20.00 21.00 062.000, LAND DEVELOPERS .................................................................. N0.00 115.50 063.000 LECTURER AND INSTRUCTOR, ,,,,,,,,,,,,,,,,,,,, 70:80 73.50 064.000 LOAN, FINANCE OR - CONSUMER DISCOUNT COMPANY (See note D) ,,,,,,,,,,,,,,,,,,,, 230.00 262.50 065.000 LOCKSMITH (See note B) ............................................................ .. 45.00 47.25 066.000 MAIL, ORDER ESTABLISHMENT ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,, 300 57.75 067.000 MAILING, PACKAGING, ADDRESSING, FA)UNG ................... ..1 5x.90 57.75 068.000 MANUFACTURING, FABRICATING, PROCESSING, COMPOUNDING 068.010 1 employee (including owner) ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,..............,..,...,. 43;99 47.25 068,020 2-4 employees (including owner) ,,,,,,,,,,,,,,,,,,,,,,,,,.............,,,,,,, ,, 63-00 68,25 068.030 5--10 employees (including owner) ,,,,,,,,,,,,,,,,,,,,,, ,,,, 90.09 94,50 068,040 11--25 employees (including owner) ,,,,,,,,,................................ 119:08 115.50 7 Ordinance 6166-97 068,050 26--50 employees (including owner) .............................................. X5.09 173.25 068.060 51--100 employees (including owner) ............................................ 220.00 231.00 068.070 101--500 employees (including owner) ......................................... 2 50.08 262.50 068.080 Over 500 employees (including owner) ......................................... 4 10.00 430.50 069.000 MASSAGE establishment (See note D and Chapter 9) ......................... 6040 63.00 069.010 Massage therapist, each (See note D and Chapter 9) ....................... 33:08 36.75 070.000 MERCHANT OR MERCHANDISING: (See note B for sale of used merchandise) 070.010 Inven=&eek-value $1,000.00 or less .......................................... 3-5.00 36.75 070.020 Over $1,000.00 but less than $2,000.00 ........................................... 45:99 47.25 070.030 Over $2,000.00 but less than $3,000.00 ........................................... 3-5:90 57.75 070.040 $3,000.00 and over .................................................................. .. 33:80 57.75 Plus, per $1,000.00 or any fraction thereof over $3,000 ............... .. 4.25 4.50 070.050 Mobile tool sales ............................................................................. 1 10.00 115.50 070.060 Antiques, used merchandise (See note B) ........................................ 65.90 57-75 070.070 Merchant, temporary permanent/location ........................................ 50.00 52-50 070.080 Merchant, itinerant, permanent/location ......................................... 1 50.00 157.50 070.090 Merchant, show or flea market, per exhibitor, includes food vendors, per event/show ........................................................... .. 5:-5 8.50 070.100 Downtown convention/exhibition center .................................... 3,0 00;80 3150.00 070.110 Hardware Store or Lumber Yard with an inventory value less than $1Q0,000.00.6 ................................................................................... 200.00 071.000 Mobile homes 071.010 Dealer (new or used) sales and service ........................................... X0.00115.50 071.020 Park, rental ........................................................................................ 70:90 73.50 Plus per space over 25 ..................................................................... . 3 -. .2-5 3.50 071.030 Transport service (if independent of city licensed dealer or manufacturer) .................................................................................... 65,00 68.25 072.000 MOTORCYCLE, dealer ......................................................................... 50:00 84.00 072.10 Motorcycle, scooter or bicycle rental ...................................................... 55.09 57.75 073.000 MOVING, TRANSFER COMPANY (See note B) ...................... .. 904)094-50 074.000 MUSIC MACHINES/JUKE-BOX, COIN OPERATED: (not amusement or vending machines) 074.010 Dealer or lessor ...............................................................................110.00115.50 074.020 Operator or lessee, each machine ..................................................... 35.09 36.75 075.000 NEWSPAPER, PERIODICAL OR NEWSLETTER: 075.010 Less than 6 issues per week ..............................................................73:80 78.75 075.020 6 Or more issues per week .............................................................. 220.09 231.00 075.030 Agency or bureau ............................................................................ .1-10.90115.50 076.000 NURSERY, PLANTS (See note D) ....................................................... 3-5:09 57.75 077.000 PATROL, NIGHT PATROLMAN, OR PRIVATE WATCHMAN: 8 Ordinance 6166.97 077.010 Firm (See note B) ....................................................................... 73:00 78.75 077.020 Individual (See note 13) ............................................................... 33-05 36,75 078.000 PAWN BROKER (See note B) ....................................................... 330.00 346.50 079.000 PETROLEUM PRODUCTS, wholesale 228-00 231.00 079.010 Petroleum products, deliver/sale, includes LP ............................ 419:09 115.50 080.000 PHOTOGRAPHY (See note B) ........................... -5.0 57.75 081.000 PIANO TUNER .............................................................................. ...I3 09 26.25 082.000 PLATING OR ANODIZING, METAL ............................................ 55.00 57.75 083.000 PRINTING, PUBLISHING, ENGRAVING, LITHOGRAPHING AND BINDING (includes blueprinting services) ..............................................60:08 63.00 084.000 i PROFESSION (per licensee and per location) 084.010 Accountant (See note D if CPA) ............................................... 4-00:98 105.00 084.020 Architect (See note D) .............................................................. 408:99 105.00 084.030 Attorney (See note D) ............................................................... 40000 105.00 084.040 Chiropractor (See note D)......................................................... .1-00.09 105.00 084.041 Counselor/social worker (See note D)......................................... 73-00 78.75 084.050 Court reporter ............................................................................. 75.00 7875 084.060 Dental hygienist (See note D) .................. 75.00 78.75 084.070 Dentist (See note D) ............. ................................................. 100:00 105.00 084.090 Designer, interior (See note D) ................................................. +00:00 105.00 084.100 Embalmer/funeral director/undertaker (See note D) ................... 100.00 105.00 084.110 Engineer (See note D) ............................................................... 100.00 105.00 084.120 Homeopathic physician ............................................................. 10(1:00 105.00 084.130 Occupational therapist (See note D) .......................................... 188:00 105.00 084.140 (Reserved) 084.150 Optician, including sale of lenses and frames (See note D)......... 400.00 105.00 084.160 Optometrist (See note D) ......................................................... .100.09 105.00 084.170 Reserved 084.180 Physician (See note D) ...............................................................100.00 105.00 084.190 Physiotherapist (See note D) ....................................... 400.00 105.00 084.200 Profession, NOC ....................................................................... 400.00 105.00 084.210 Psychologist (See note D) ..................... X00.00 105.00 084.220 Surveyor (See note D) .............................................................. 400.00 105.00 084.230 Veterinarian (See note D) ......................................................... 400.09 305.00 085.000 PROMOTER/PROMOTIONS (See note B)(If temporary, per event) 290.00 210.00 086.000 RAILROAD ................................................................................... 22.500 236.25 087.000 RECORDING STUDIO .................................... 53;00 57.75 088.000 REFUSE COLLECTION AND 9 Ordinance 6166-97 DISPOSAL SERVICE (See note B and Sec 32.292 City Code),,,,,, 22-5-88 236,25 089,000 REFUSE MACHINE, COMPACTING AND/OR BINDING: 089.010 Owner or lessor ,,,,,,,, , 228:89 231.00 089.020 Operator or lessee .................................................................... . 188:88 105.00 090.000 RENTAL, NOC (See note B) ........................................................ ... 33:-0A 57.75 090.010 Hall/facility/property, nonresidential use (See note B) ,,,,,,,,,,,,,, , 100.00 105.00 091.000 RENTAL, UNITS (2 or more) ...................................................... ... x-90 26.25 Plus, per unit over 5 ................................................................ ..... 1.50 092.000 REPAIR AND SERVICE, NOC (includes handyman) ,,,,,,,,,,,,,,,,,,, ,,, 43:88 4725 Plus, for each employee (other than owner),,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,, 448499 10.50 093.000 RESTAURANT (See note D; and Note B for alcoholic beverage sales) 093.010 1--10 seats ............................................................................... ... 35.0 36.75 093.020 11--25 seats ........................:.................................................... ... egg 57.75 093.030 26--50 seats ............................................................................. ..140.00 115.50 093.040 51--100 seats ........................................................................... . 165.00 173.25 093.050 101 or more seats 220.00 231.00 093.060 Snack bar, soda fountain .......................................................... ... 4540 47.25 093.070 Concession stand/vendor, per location or unit ,,,,,,,,,,,,,,,,,,,,,,,,,, ,,, 45.08 47.25 093.080 Canteen wagon or truck, per mobile unit ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,, 50.00 52.50 093.090 Drive-in or drive-through/take out or delivery ,,,,,,,,,,,,,,,,,,,,,,,,,, ,,, 73-89 78.75 093.100 Nigh tcl ub/bar/tavern/cabaretAounge (See note B; see adult use entertainment; see commercial recreation/entertainment, entertainers) ............................................................................. . 228.00 231.00 093.110 Dancing area ............................................................................ ... 45.09 47.25 094.000 SCHOOLS - TRADE, STUDIO AND INSTRUCTION (See note D; also see note B for dancing or charm schools),,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,, 53:80 57.75 095.000 SECRETARIAL SERVICE (includes stenographers) ,,,,,,,,,,,,,,,,,,,, ,,, 33:88 57.75 096.000 SEWING (DRESSMAKER, SEAMSTRESS, TAILOR, etc.) ,,,,,,, ,,, 46-004725 097.000 SHOE REPAIR (OR BOOT BLACK STAND) ,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,, ; 8 47.75 098.000 SITTING - HOUSE, PLANT, PET (See note B),,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 30.08 52;__.50 098.500 SPECIAL EVENTS - CITY SPONSORED, Per day, per exhibit ................... .................................... 1.00 ........... . .... 099.000 STORAGE/WAREHOUSING 099.010 Indoor, per 1,000 square feet (minimum $50 fee) ,,,,,,,,,,,,,,,,,,,,,, ,, 10.00 10.50 099.020 Outdoor, per 1 .000 square feet (minimum $50 fee) ,,,,,,,,,,,,,,,,,, ,, 2040 21.00 100.000 TATTOO PARLORS (See note D and Florida State Statute 877.04),,,,,,,,,,,,,,,,, ,,,, d-88:38 105,00 10 ordinance 616&97 101.000 TAXICAB COMPANY, includes first vehicle (See notes-B and Chapter 25) . .................................................... 55.00 57.75 Plus for each additional vehicle .................... 30 00 21.00 102.000 TAXIDERMIST ................. 45.0 47.25 103.000 TELEPHONE AND TELEGRAPH 103.010 Telephone, company ................................................................. 225.00 236.25 103.020 Each branch office ...................................................................... 30.00 31.50 103.030 Telephone, business, private (includes 900 service; see note B) ... 55.00 57 75 103.040 Telephone, solicitation (See notes B and D) ................................ 55.0 57.75 103.050 Telephone, answering service ...................................................... 33 00 57.75 104.000 TOILETS, PORTABLE SERVICE ................................................ 100.0 105.00 105.000 TRAILER, CARGO (for boat trailers, see boats) 105.010 Trailer, cargo, sales and service .................... 5^5.00 57.75 105.020 Trailer, cargo, rental ................................................................... 4500 47.25 106.000 TRANSIT OR READY-MIX CEMENT AND CONCRETE.......... 220.00 231.00 (This license required of any distributor making deliveries and/or sales within city limits, regardless of location of plant.) 107.000 TRANSPORTATION SERVICES (bus station - interstate, chartered, limousine, sightseeing) (See chapter 25; see note B) ...............................218:89 220.50 108.000 VACUUM CLEANER SALES AND SERVICE .............................. 55.00 57.75 109.000 VALET PARKING .......................................................................... 50:00 52.50 110.000 VENDING MACHINES (excluding amusement, music machines, cigarette or stamp machines) 110.010 Dealer or lessor .......................................................................... 55-.00 57.75 110.020 Operator or lessee, per machine .................................................. 10.0 10.50 111.000 VIDEO OR FILM RENTALS .......................................................... 55.0A 57.75 112.000 WRECKING YARD ...................................................................... 220.00 231.00 113.000 UNCLASSIFIED, every business occupation, profession or exhibition, substantially fixed or temporarily engaged in by any person within the city and for which no license has been ordained and not herein specifically designated (See note B) ................................................................................................... 1-10.00 115.50 OTHER RELATED OCCUPATIONAL LICENSE FEES/CHARGES: The DUPLICATE LICENSE FEE shall be $15. Ordinance 6166-97 i' The MINIMUM occupational tai; shall be $25.00. PENALTY, DELINQUENT AND ADMINISTRATIVE FEES: The PENALTY FEE (operating prior to obtaining a license) shall be equal to 25 percent of the established fee. The DELINQUENT FEE shall be ten percent for the month of October plus five percent for each month of delinquency, not to exceed 25 percent of the established occupational license tax. In addition to penalty fees, the ADMINISTRATIVE FEE shall be two times the normal_fee_with a maximum of $250.00 per license on accounts not paid by Janua[y 3 l" following the renewal notice ?e-a?ag-1??f4?-?'enewal-nefice}: The REGISTRATION FEE shall be $25. A TRANSFER FEE shall be up to 10% of the annual license tax but not less than $3 or more than $25, Notes: A. Requires approval by the city commission. B. Requires city police department recommendation. The applicant shall complete a background information report, executed under oath, and shall submit to a background investigation, photograph, and fingerprints. The recommendation shall be based upon the criteria set forth in section 29.41(6) and shall include a statement of the facts upon which the recommendation is based. C, RESERVED D. Requires inspection, approval or license of state or county authority. NOC - Not otherwise classified. Section 2. This ordinance shall take effect on October 1, 1997. PASSED ON FIRST READING August 7 1997 PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey, Mayor-Commissioner A oved for n le al sufficiency: Attest: Leslie Douga - des, Cynthia E. Goudeau,'City Clerk Assistant City Attorney 12 Ordinance 5166-97 ORDINANCE NO. 6180-97 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ESTABLISHING A MONEY PURCHASE PENSION DEFINED CONTRIBUTION PLAN FOR CERTAIN EMPLOYEES WHO ARE EMPLOYED BY THE CITY ON OR AFTER JUNE 23, 1997; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City desires to provide retirement benefits to certain employees employed by the City on or after June 23, 1997, through the establishment of a tax qualified money purchase pension plan, a defined contribution plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City of Clearwater hereby establishes a money purchase pension defined contribution plan to be known as the City of Clearwater Money Purchase Pension Plan (the "Plan") effective June 23, 1997, substantially in the form attached hereto as Exhibit A and made a part hereof. Section 2. Specific authority is hereby granted to codify and incorporate the Plan into the existing Code of Ordinances of the City of Clearwater. Section 3. ' All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses or phrases under application shall not be affected thereby. Section 5. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING August 7, 1997 T PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Pamela K. Ain, City Attorney Rita Garvey, Mayor Commissioner Attest: Cynthia E. Goudeau, City Clerk Ordinance No. 6180-97 CITY OF CLEARWATER MONEY PURCHASE PENSION PLAN Page ARTICLE I Definitions ...................................................................................................2 1.1 Account or Accounts ..............................................................................................2 1.2 Administrator ..........................................................................................................2 1.3 Anniversary Date ...................................................................................................2 1.4 Annual Additions: ................................................................................................... 2 1.5 Code .................................. ...................................................................................2 1.6 Compensation ........................................................................................................2 1.7 Directed Investment Fund ......................................................................................3 1.8 Effective Date ........................................................................................................3 1.9 Employee ...............................................................................................................3 1.10 Employer .................................................................................,............................3 1.11 Employer Contribution Account ...........................................................................3 1.12 Highly Compensated Employee: .......................................................................... 3 1.13 Limitation Year .....................................................................................................4 1.14 Normal Retirement Date ......................................................................................4 1,15 Participant ............................................................................................................4 1.16 Plan ......................................................................................................................4 1.17 Plan Administrator . .............................................................................................. 4 1.18 Plan Year .............................................................................................................4 1.19 Pooled Investment Fund ...................................................................................... 4 1.20 Rollover Contribution Account .............................................................................4 1.21 Section 415 Compensation ..................................................................................4 1.22 Segregated Investment Fund ...............................................................................4 1.23 Trust..... ..........................,.......:..,..........................................................................5 1.24 Trust Agreement .........................................................................................:........5 1.25 Trustee ...............................................................,..................................................5 1.26 Trust Fund ...........................................................................................................5 1.27 Valuation Date ..................................................................................................... 5 1.28 Valuation Period .................................................................................................. 5 I ri r' ARTICLE 11 Establishment and Name of the Plan .....................................................6 2.1 Name of Plan .........................................................................................................6 2.2 Exclusive Benefit ...................................................................................................6 2.3 Mistake of Fact ......................................................................................................6 2.4 Participants' Rights ................................................................................................6 2.5 Qualified Plan ........................................................................................................6 ARTICLE III Plan Administrator ................................................................................... 7 3.1 Administration of the Plan ......................................................................................7 3.2 Powers and Duties .................................................................................................7 3.3 Direction of Trustee ...............................................................................................8 3.4 Conflict in Terms ....................................................................................................8 3.5 Final Autliority ........................................................................................................8 3.6 Appointment of Advisors and Delegation of Duties . ................ : ............................. 8 ARTICLE N Eligibility and Participation .....................................................................9 4.1 Eligibility and Participation .....................................................................................9 4.2 Former Employees .................................................................................................9 4.3 Change of Eligibility Status ....................................................................................9 ARTICLE V Contributions to the Trust .....................................................................10 5.1 Employer Contributions .......................................................................................10 5.2 Form and Timing of Contributions .......................................................................10 5.3 Rollover Contributions .........................................................................................10 5.4 No Duty to Inquire ..............................................................................................10 ARTICLE VI Participants' Accounts and Allocation of Contributions ....................11 6.1 Common Fund .....................................................................................................11 6.2 Establishment of Accounts ...................................................................................11 6.3 interests of Participants .......................................................................................11 6.4 Adjustments to Accounts.: ........ # ........................................................................... 11 6.5 Limitation on Allocation of Contributions .............................................................12 ARTICLE Vil Benefits Under the Plan ........................................................................15 7.1 Retirement Benefit ...............................................................................................15 7.2 Termination of Employment Benefit ..................................................................... is 7.3 Death Benefit .......................................................................................................15 ARTICLE Vill Form and Payment of Benefits ...........................................................17 8.1 Timing and Form .................................................................................................. 17 8.2 Manner of Payment .............................................................................................. 17 8.3 Lump Sum Payment ............................................................................................. 18 8.4 Periodic Adjustments ........................................................................................... 18 8.5 Location of Participant or Beneficiary Unknown .................................................. 19 8.6 Transfer to Other Qualified Plans. ....................................................................... 19 8.7 Direct Rollovers ................................................................................................... 19 8.8 Withdrawals from Rollover Contribution Accounts .............................................. 20 8.9 Withdrawals from Employer Contribution Accounts ............................................. 20 ARTICLE IX Trust Fund and Expenses of Administration ...................................... 21 9.1 Name of Trustee .................................................................................................. 21 9.2 Expenses of Administration . ................................................................................ 21 ARTICLE X Amendment and Termination ................................................................ 22 10.1 Restrictions on Amendment and Termination of Plan ........................................22 10.2 Amendment of Plan ............................................................................................22 10.3 Termination of Plan ............................................................................................22 10.4 Termination Procedure ......................................................................................22 10.5 Initial Qualification of Plan .................................................................................23 ARTICLE XI Participant Direction of Account Investment ......................................24 11.1 Participant Directed Investments .......................................................................24 11.2 Election Procedures ...........................................................................................24 11.3 Failure to Designate ..........................................................................................24 11.4 Charges and Credits ..........................................................................................24 iii rr +wr „?:.iy. +•rv"'. `?'r14'rj +;:,yv4f } Hr;Ji*.'?;?+Rd•`r.?w>i.•r?i', "i •'?.r,?.•ri ?;?' -.-f.`?? ?' . a a . .,.. . .. ? .. 11.5 Procedures .........................................................................................................25 ARTICLE Xll Miscellaneous .......................................................................................26 12.1 Alienation ..................................................... .................................................. 12.2 Governing Law ...................................................................................................26 12.3 Gender ...............................................................................................................26 12.4 Forfeiture of Benefits for Specified Offenses .....................................................26 12.5 Claims Procedures ..................................................:..........................................27 3 n CITY OF CLEARWATER MONEY PURCHASE PENSION PLAN THE CITY OF CLEARWATER, FLORIDA (the "Employer") hereby establishes this money purchase pension plan, a tax-qualified defined contribution plan this day of , 1997, to provide supplementary retirement and other benefits for certain eligible employees. WITNESSETH: WHEREAS, the Employer desires to provide for the retirement of certain Employees employed by the Employer by establishing a money purchase pension plan for those Employees who now or may hereafter qualify for participation therein; and WHEREAS, the Employer is authorized to adopt the Plan. NOW. THEREFORE, in consideration of the premises, it is agreed as follows: ARTICLE Definitions 1.1 "Account" or "Accounts" shall mean a Participant's Employer Contribution Account, Rollover Account and/or such other accounts as may be established by the Plan Administrator. 1.2 "Administrator" shall mean the Plan Administrator. 1.3 "Anniversary Date" shall mean December 31 of each Plan Year. 1.4 "Annual Additions" shall mean, for any Limitation Year, the sum of (a) the amount of Employer contributions allocated to the Participant during any Limitation Year under any qualified defined contribution plan maintained by the Employer, (b) the amount of the Employee's contributions (other than rollover contributions, if any) to any qualified defined contribution plan maintained by the Employer, (c) any forfeitures allocated to the Participant under any qualified defined contribution plan maintained by the Employer, or (d) amounts allocated to an individual medical account, as defined in Section 415(1)(2) of the Code that Is part of a pension or annuity plan maintained by the Employer, and amounts derived from contributions that are attributable to post-retirement medical benefits allocated to the separate account of a key employee (as defined in Section 419A(d)(3) of the Code) under a welfare benefit plan (as defined in Section 419(e) of the Code) maintained by the Employer; provided, however, the percentage limitation set forth in Section 415 (c)(1)(13) of the Code shall not apply to; (A) any contribution for medical benefits (within the meaning of Section 419A(f)(2) of the Code) after separation from service which is otherwise treated as an "Annual Addition," or (2) any amount otherwise treated as an "Annual Addition" under Section 415(l)(1) of the Code. 1.5 "Code" shall mean the Internal Revenue Code of 1986, as amended, or any successor statute. Reference to a specific section of the Code shall include a reference to any successor provision. r 1.6 "Compensation' shall mean (a) For Employees employed in a position other than City Manager, the regular salaries and wages, bonuses, overtime pay, holiday time, accrued vacation and sick pay paid by the Employer during the Plan Year reportable as 2 W-2 wages for Federal income tax withholding purposes, Employee contributions designated as Employer contributions under Section 414(h) of the Code, and elective contributions made during the Plan Year on behalf of a Participant to a plan described in Section 125 or 457 of the Code, but shall not include any other type of cash or non-cash remuneration, including, but not limited to disability payments, amounts paid by the Employer to a plan described in Section 125 or 457 of the Code, credits or benefits under this Plan, any amount contributed to any pension, employee welfare, life Insurance or health insurance plan or arrangement, or any other fringe benefits, welfare benefits, severance pay or deferred compensation. (b) For an employee employed in the position of City Manager, "Compensation" shall mean annual base salary, as defined in the employment agreement between the City and the City Manager. (c) No Compensation in excess of the limit under Section 401(a)(17) of the Code (adjusted under such regulations as may be issued by the Secretary of the Treasury) shall be taken into account for any Employee. If a Plan Year consists of fewer than 12 months, the Compensation limit will be multiplied by a fraction, the numerator of which is the number of months in the Plan Year, and the denominator of which is 12. 1.7 "Directed Investment Fund" shall mean an investment fund established pursuant to Article X1 for purposes of investing Participants' Accounts. 1.8 "Effective Date" of this Plan shall mean June 23, 1997, except as may otherwise be noted herein. 1.9 "Emgloype" shall mean any person actively employed by the Employer in the position of City Manager, City Attorney, Assistant City Attorney and all management contract employees, who are not participants in the City of Clearwater Employees' Pension Fund, a defined benefit pension plan, excluding temporary employees. 1.10 "Employer' shall mean the City of Clearwater, Florida. 1.11 "Employer Contribution Account" shall mean an account established pursuant to Section 6.2 with respect to Employer contributions made pursuant to Article V. 1.12 "n hlyCompensated Employee" shall mean any Employee who: (a) (1) during the preceding Plan Year had Section 415 Compensation in excess of $80,000 (adjusted under such regulations as may be issued by the Secretary of the Treasury) and at the election of the Employer, was a member of the "top paid group'; provided, that as used herein, "top paid group" shall mean all Employees who are in the top 20% of the Employer's work force on the basis of Section 415 Compensation paid during the year, provided, further, that for purposes of determining the number of Employees in the top paid group, Employees described in Section 414(q)(8) of the Internal Revenue Code shall be excluded; or (2) a five percent (5%) owner of the Employer at any time during the year or the preceding year. (b) For purposes of this paragraph, the determination of Section 415 Compensation shall be based only on Section 415 Compensation that is actually paid and shall be made by including elective or salary reduction contributions to a plan described in Section 925 of the Code, a plan described in Section 401(k) of the Code or a plan described in Section 403(b) of the Code. 1.13 "Limitation Year" shall mean the Plan Year. 1.14 "Normal Retirement Date" shall mean the date on which a Participant has reached the age of 55. 1.15 ' ?Particloant" shall mean any eligible Employee of the Employer who has become a Participant under the Plan. Participant shall include any former employee of the Employer who became a Participant under the Plan and who still has a balance in an Account under the Plan. 1.16 "Plan" shall mean the City of Clearwater Money Purchase Pension Plan, a tax-qualified defined contribution plan, as herein set forth, as it may be amended from time to time. 1.17 "Plan Administrator" shall mean the Employer or the person or persons appointed by the Employer pursuant to Article III hereof. 1.18 "Plan Year" shall mean the period beginning June 23, 1997 and ending December 31, 1997; thereafter, the 12-month period beginning on January 1 and ending on the following December 31 of each year. 1.19 "Pooled Investment Fund" shall mean a Directed Investment Fund established under Article XI, the combined assets of which shall consist of the common investments of all Participants selecting the Directed Investment Fund. 1.20 "Rollover Contribution Account" shall mean an account established pursuant to Section 6.2 with respect to rollover contributions made pursuant to Article V. 1.21 "Section 415 Compensation" shall mean all compensation as described in Section 1.415-2(d)(2) and Section 1.415-2(d)(3) of the Income Tax Regulations. 1.22 "Segregated Investment Fund" shall mean a Directed Investment Fund established under Article XI, in which the assets of each Participant selecting the Directed Investment Fund shall be separately invested, and for which the earnings attributable to such assets shall be separately accounted. 4 r r 1.23 "Trust" shall mean the trust established by the Trust Agreement. 1.24 "Trust Agreement" shall mean the agreement providing for the Trust Fund, as it may be amended from time to time. 1.25 "Trustee" shall mean the individual, individuals or corporation designated as trustee under the Trust Agreement. 1.26 'Trust Fund" shall mean the trust fund established under the Trust Agreement from which the benefits provided for by the Plan are to be paid or funded. 1.27 "Valuation Date" shall mean December 31 of each year and each day securities are traded on a national stock exchange, except regularly scheduled holidays of the Employer or the Trustee, or such other date as may be selected by the Plan Administrator. 1.28 'Valuation Period" shall mean the period beginning with the first day after a Valuation late and ending with the next Valuation Date; provided, however, that the first Valuation Period shall begin on the Effective Date of the Plan. :aacn.Yael.^Nkwm.- r ..nr'-a. .f?w.r?1.?r'+.rv??••••.,,•..• ? ... .. 5 ARTICLE 11 Establishment and Name of the Plan 2.1 . Name of Pan. A ta"ualified defined contribution plan is hereby established in accordance with the terms hereof and shall be known as the "CITY OF CLEARWATER MONEY PURCHASE PENSION PLAN." 2.2 Exclusive Benefit. This Plan is created for the sole purpose of providing benefits to the Participants. Except as otherwise permitted by law, in no event shall any part of the principal or income of the Trust be paid to or reinvested in the Employer or be used for or diverted to any purpose whatsoever other than for the exclusive benefit of the Participants and their beneficiaries. 2.3 Mistake of Fact. Notwithstanding the foregoing provisions of Section 2.2, any contribution made by the Employer to this Plan by a mistake of fact may be returned to the Employer within one year after the payment of the contribution. 2.4 Participants' Rights. The establishment of this Plan shall not be considered as giving any Employee, or any other person, any legal or equitable right against the Employer, the Trustee or the principal or the income of the Trust, except to the extent otherwise provided by law. The establishment of this Plan shall not be considered as giving any Employee, or any other person, the right to be retained in the employ of the Employer. 2.5 Qualified Plan. This Plan and the Trust are intended to qualify under the Code as a tax-qualified employees' plan and trust, and the provisions of this Plan and the Trust are to be interpreted accordingly. 6 ARTICLE lli Plan Administrator 3.9 Administration of the Pla . (a) The Plan Administrator shall control and manage the operation and administration of the Plan, except with respect to investments. The Plan Administrator shall have no duty with respect to the investments to be made of the funds in the Trust except as may be expressly assigned to It by the terms of the Trust Agreement and except to the extent that the Administrator determines the investment funds which will be made available under the Plan in accordance with Article XI hereof. (b) (1) The Employer may appoint a committee to assist in the administration of the Plan, which shall serve at the pleasure of the Employer. All usual and reasonable expenses of the committee may be paid in whole or part by the Employer, and any expenses not paid by the Employer shall be paid from the Trust Fund. Any members of the committee who are employees of the City shall not receive compensation with respect to their services for the committee. . (2) The committee must act at a publicly noticed meeting. The committee may elect one of its members as chairman, appoint a secretary, who may or may not be a committee member, and advise the Trustee of its actions in writing. The secretary shall keep a record of all meetings and forward necessary communications to the Employer or the Trustee. The committee may adopt such by-laws and regulations as it deems desirable for the conduct of its affairs. All decisions of the committee shall be made by a vote of the majority, including actions taken in writing without a meeting. (3) The committee and the individual members thereof shall be indemnified by the Employer (and not from the Trust Fund) against any and all liabilities arising by reason of any act or failure to act made in good faith pursuant to the provisions of the Plan, including expenses reasonably incurred in the defense of any claim relating thereto. 3.2 Powers and Duties. (a) The Plan Administrator shall have complete control over the administration of the Plan herein embodied, with all powers necessary to enable it to carry out its duties in that respect. Not in limitation, but in amplification of the foregoing, the Plan Administrator shall have the power and discretion to interpret or construe this Plan and to determine all questions that may arise as to the status and rights of the Participants and others hereunder. 7 r V .. r'.3`? ..r f x.. .. (b) The Plan Administrator may promulgate such policies and' make such rules and regulations for the proper administration of the Plan as it deems necessary. 3.3 Direction of Trustee. It shall be the duty of the Plan Administrator to direct. the Trustee with regard to the distribution of benefits to the Participants and others hereunder. 3.4 Conflict in Terms. The Administrator shall notify each Employee, in writing, as to the existence of the Plan and Trust and the basic provisions thereof. in the event of any conflict between the terms of this Plan and the Trust Agreement and as set forth in any explanatory booklet, this Plan and the Trust Agreement shall control. . 3.5 Final Authority. Except to the extent otherwise required by law, the decision of the Plan Administrator in matters within its jurisdiction shall be final, binding and conclusive .upon each Employee and beneficiary and every other interested or concerned person or party. 3.6 Ap o? intment of Advisors and Delegation of Duties. (a) The Plan Administrator may appoint such accountants, counsel, specialists and other persons that it deems necessary and desirable in connection with the administration of this Plan. (b) The Plan Administrator may, designate one or more of its employees to perform the. duties required of the Plan Administrator hereunder. 8 r ARTICLE 1V ElIgIbllity and Participation 4.1 Eligibility and Participation. Any Employee employed by the Employer in the position of City Manager or City Attorney shall become a Participant in the Plan an the Effective Date.' Each other eligible Employee employed by the Employer before October 1, 1997 shall become a Participant in the Plan'on October 1, 1997. For an eligible Employee whose date of employment is after October 1, 1997, such eligible Employee shall enter the Plan as a Participant on his date of employment. 4.2 Former Employees. An Employee who ceases to be a Participant, terminates, employment and is reemployed by the Employer shall be eligible again to become a Participant on the date of his reemployment. 4.3 Change of Eligibility Status. In the event a change of job classification results in a Participant no longer qualifying as an eligible Employee, such Employee shall cease to be an active Participant as of the effective date of such change of job classification but the Employee shall not be deemed to have terminated employment with the Employer for purposes of this Plan. 9 ARTICLE V Contributions to the Trust 5.1 Employer Contributions. For each Plan Year, the Employer shall contribute to the Trust on behalf of each Participant employed by the Employer an amount equal to: 15% of Compensation on behalf of the City Manager and the City Attorney; and 6% of Compensation on behalf of Management Contract Employees and Assistant City Attorneys. The Employer will make bi-weekly contributions to the Trust throughout the Plan Year to meet its funding obligations under the Plan, 5.2 Form and_Timing__of Contributions. Payments on account of the contributions due from the Employer for any Plan Year shall be made in cash. Such payments may be made by the Employer at any time. 5.3 Rollover Contributions. With the consent of the Plan Administrator and in such manner as prescribed by the Plan Administrator, the Trustee may accept a rollover contribution (as defined in the applicable sections of the Code, except that for this purpose "rollover contribution" shall be deemed to include both a direct payment from an Employee and a direct transfer from a trustee of another qualified plan in which an Employee is or was a participant). Rollover amounts shall be allocated to the Employee's Rollover Contribution Account and invested in accordance with the provisions of Article Xi. The Trustee shall not accept a rollover contribution that is subject to the requirements of Sections 401(a)(11) and 417 of the Code. 5.4 No Du to In uire. The Trustee shall have no right or duty to inquire into the amount of any contribution made by the Employer or the method used in determining the amount of any such contribution, or to collect the same, but the Trustee shall be accountable only for funds actually received by it. 10 ARTICLE VI Participants' Accounts and Allocation of Contributions 6.1 Common Fund. The assets of the Trust shall constitute a common fund in which each Participant shall have an undivided interest. 6.2 Estabfishment of Accounts. The Plan Administrator shall establish and maintain with respect to , each Participant an account, designated as the Employer Contribution Account, that shall reflect the Participant's interest in the Trust Fund with respect to contributions made by the Employer, and a Rollover Contribution Account to reflect the participant's interest in the Trust Fund with respect to Rollover Contributions. The Plan Administrator may establish such additional accounts as are necessary to reflect a Participant's interest in the Trust Fund. 6.3 Interests of Partici ants. The interest of a Participant in the Trust Fund shall be the balance remaining from time to time in his Account after making the adjustments required in Section 6.4. 6.4 Adjustments to Accounts. Subject to the provisions of Section 6.5, a Participant's Account shall be adjusted from time to time as follows: (a) As of each Valuation Date, each of a Participant's Accounts shall be credited or charged, as the case may be, with a share of the earnings of tho Trust Fund for the Valuation Period ending with such current Valuation Date as follows: (1) As of each Valuation Date, any portion of the Participant's Accounts that is invested in a Pooled Investment Fund established under Article XI shall be credited or charged, as the case may be, with a share of the earnings of such Pooled Investment Fund for the Valuation Period ending with such current Valuation Date. Each Participant's share of the earnings of a Pooled Investment Fund for any Valuation Period shall be determined by the Plan Administrator on a weighted average basis, so that each Participant with a balance in such Pooled Investment Fund shall receive a pro-rata share of the earnings of such Pooled Investment Fund, taking into account the period of time that each dollar invested in such Pooled Investment Fund has been so invested. (2) As of each Valuation Date, the portion of the Participant's Accounts that is invested in each Segregated Investment Fund established under Article XI shall be credited or charged, as the case may be, with the earnings attributable to the Participant's investment in such Segregated Investment Fund for the Valuation Period ending with such current Valuation Date. 11 (b) Each Participant's Accounts shall be credited with contributions made during the Plan Year, as follows: (1) As of each Valuation Date that is the last day of the Plan Year, or at such other times as determined by the Employer, the Employer Contribution Account of a Participant shall be credited with his share of the contribution made by the Employer with respect to the Plan Year ending with such Valuation Date. A Participant's share of the amount of the contribution for the Plan Year shall be determined pursuant to the provisions of Article V. (2) As of each Valuation Date, the Rollover Contribution Account of a Participant shall be credited with the Rollover Contributions, if any, made by the Participant pursuant Article V. (c) As of each Valuation Date, each Account of a Participant shall be charged with the amount of any distribution made to the Participant or his beneficiary from such Account during the Valuation Period ending with such Valuation Date. (d) For purposes of all computations required by this Article VI, the cash method of accounting shall be used, and the Trust Fund and the assets thereof shall be valued at their fair market value as of each Valuation Date. (e) The Plan Administrator may adopt such additional accounting procedures as are necessary to accurately reflect each Participant's interest in the Trust Fund, which procedures shall be effective upon approval by the Employer. All such procedures shall be applied in a consistent, nondiscriminatory manner. 6.5 Limitation on Allocation of Contributions. (a) Notwithstanding anything contained in this Plan to the contrary, the aggregate Annual Additions to a Participant's Accounts under this Plan and under any other defined contribution plans maintained by the Employer for any Limitation Year shall not exceed the lesser of $30,000 or 25% of the Participant's Section 415 Compensation for such Plan Year. (b) In the event that the Annual Additions, under the normal administration of the Plan, would otherwise exceed the limits set forth above for any Participant, or in the event that any Participant participates in both a defined benefit plan and a defined contribution plan maintained by the Employer and the aggregate annual additions to and projected benefits under all of such plans, under the normal administration of such plans, would otherwise exceed the limits provided by law, then the Administrator shall take such actions, applied in a uniform and nondiscriminatory manner, as will keep the annual additions and projected benefits for such Participant from exceeding the applicable limits provided by law. Excess Annual Additions shall be disposed of as provided in 12 Section 6.5(c). Adjustments shall be made to other plans, if necessary to comply with such limits, before any adjustments may be made to this Plan. (c) If as a result of a reasonable error in estimating a Participant's Section 415 Compensation or other circumstances permitted under Section 415 of the Code, the Annual Additions attributable to Employer contributions for a particular Participant would cause the limitations set forth in this subsection (c) to be exceeded, the excess shall 'be allocated and reallocated to other Participants in the Plan. However, if the allocation or reallocation of the excess amounts causes the limitations of this subsection (c) to be exceeded with respect to each Participant for the Limitation Year, then these amounts must be held unallocated in a suspense account. If a suspense account is in existence at any time during a particular Limitation Year, other than the Limitation Year described in the preceding sentence, all amounts must be allocated and reallocated to the Participants (subject to the limitations of this subsection (c)) before any contributions that constitute Annual Additions may be made to the Plan for that Limitation Year. The suspense account shall be credited or charged, as the case may be, with a share of the income, losses, appreciation and depreciation attributable thereto as if it were an Account of a Participant. (d) Effective for Plan Years beginning prior to January 1, 2000, in the event that any Participant participates in both a defined benefit plan and a defined contribution plan maintained by his Employer thereof, then the sum of the Defined Benefit Plan Fraction and the Defined Contribution Plan Fraction for any Limitation Year shall not exceed 1.0. (1) The Defined Benefit Plan Fraction is a fraction, the numerator of which is the projected annual benefit of the Participant under the defined benefit plan determined as of the close of the Limitation Year and the denominator of which is the lesser of (A) the product of 1.25 times the dollar limitation in effect under Section 415(b)(1)(A) of the Code for such Limitation Year or (B) the product of 1.4 times the amount that may be taken into account under Section 415(b)(1)(B) of the Code with respect to such Participant for such Limitation Year. (2) The Defined Contribution Plan Fraction is a fraction, the numerator of which is the sum of the Annual Additions to the Participant's Accounts as of the close of the Limitation Year (less any amount that may be subtracted from the numerator in accordance with any applicable statutes, notices or rulings) and the denominator of which is the sum of the lesser of the following amounts determined for such year and for each prior year of service with the Employer: (A) the product of 1.25 times the dollar limitation in effect under Section 415(c)(1)(A) of the Code for such Limitation Year (determined without regard to Section 415(c)(6) of the Code) or (B) the product of 1.4 times the amount that may be taken into account under Section 415(c)(1)(B) of the Code with respect to such Participant for such Limitation Year. 13 r r iYs' ? '?s• is ,?.. :?sjk's l???'s:°.Y}"C,i_,.:y:?, .,r,• o ? (A) If an Employee was a Participant as of the end of the first day of the first Limitation Year beginning after December 31, 1986, in one or more defined contribution plans maintained by the Employer that was in existence on May 6, 1986, the numerator of the Defined Contribution Plan. Fraction will be adjusted if the sum of the Defined Contribution Plan Fraction and the Defined Benefit Plan Fraction would otherwise exceed 1.0 under the terms of this Plan. Under the adjustment, an amount equal to the product of (1) the excess of the sum of the fractions over 1.0 times (2) the denominator of the Defined Contribution Plan Fraction, will be permanently subtracted from the numerator of the Defined Contribution Plan Fraction. (B) The adjustment under subparagraph (A) is calculated using the fractions as they would be computed as of the end of the last Limitation Year beginning before January 1, 1987, and disregarding any changes in the terns and conditions of the Plan madt? after May 5, 1986, but using the limitation under Section 415 of the Code that is applicable to the first Limitation Year beginning on or after January 1, 1987. 14 ARTICLE VII Benefits Under the Plan 7.1 Retirement Benefit. (a) A Participant shall be entitled to a normal retirement benefit upon such Participant's Normal Retirement Date. (b) Except as provided in Sections 8.8 and 8.9 of this Plan, until a Participant actually terminates from the employ of the Employer, he shall not receive a distribution and he shall continue to be treated in all respects as a Participant. (c) . Upon the retirement of a Participant as provided in subsection (a) and subject to adjustment as provided in Section 8.4, such Participant shall be entitled to receive, at the time and in the manner described in Article VIII, a retirement benefit in an amount equal to 100% of the balance in his Accounts as of the Valuation Date concurring with or preceding the date of his retirement, plus the amount of any contributions allocated subsequent to such Valuation Date. 7.2 Termination of Em io ment Benefit In the event a Participant's employment with his Employer is terminated for reasons other than retirement, and subject to adjustment as provided in Section 8.4, such Participant shall be entitled to receive, at the time and in the manner described In Article Vlll, a termination of employment benefit in an amount equal to the balance in his Account as of the Valuation Date concurring with or preceding the date of the distribution, plus the amount of any contributions allocated subsequent to such Valuation Date. 7.3 Death Benefit (b) In the event of the death of a Participant and subject to adjustment as provided in Section 8.4, his beneficiary shall be entitled to receive, at the time and in the manner described in Article Vill, a death Benefit in an amount equal to 100° of the balance in his Account as of the Valuation Date concurring with or preceding the date of his death, plus the amount of any contributions allocated subsequent to such Valuation Date. (b) At any time and from time to time, each Participant shalt have the unrestricted right to designate a beneficiary to receive his death benefit and to revoke any such designation. Each designation or revocation shall be evidenced by written instrument filed with the Plan Administrator, signed by the Participant and bearing the signature of a witness to his signature. In the event that a Participant has not designated a beneficiary or beneficiaries, or if for any reason such designation shall be legally Ineffective, or if such beneficiary or beneficiaries shall predecease the Participant, then the personal representative 15 ill ARTICLE Vtl1 Form _and_Payment of Benefits 8.1 Timing and Form. (a) (1) Except as otherwise provided In this Article Vill, the amount of the retirement or death benefit to which a Participant is entitled under Sections 7.1 and 7.3 shall be paid to him or, in the case of a death benefit, shall be paid to said Participant's beneficiary or beneficiaries as soon as practicable following the Participant's actual retirement following his Normal Retirement Date or death, as the case may be. (2) The amount of the termination of employment benefit to which a Participant is entitled under Section 7.2 shall be paid to him as soon as practicable following his termination of employment. (3) Notwithstanding paragraphs (a)(1) and (a)(2), above, a Participant may elect to defer the distribution of his benefit until any subsequent date elected by the Participant In writing pursuant to such procedures as the Administrator may adopt, but in no event later than the date described in subsection 8.1(b). (b) Notwithstanding anything contained herein to the contrary, any distribution paid to a Participant (or, in the case of a death benefit, to his beneficiary or beneficiaries) pursuant to paragraph (a) (1) shall commence not later than the last to occur of: (1) April 1 of the year following the calendar year in which the Participant retires on or after his Normal Retirement Date; or (2) April 1 of the year immediately following the calendar year in which the Participant reaches age 70-112. 8.2 Manner of payment. (a) A Participant's retirement, death or termination of employment benefit may be paid in one of the following optional forms as elected by the Participant, or In the case of a death benefit, by the Participant's beneficiary or beneficiaries. The optional forms are as follows: (1) A lump sum payment. (2) Monthly, quarterly or annual installments over a fixed period of time, not exceeding the life of the Participant or the joint life and last survivor expectancy of the Participant and his designated beneficiary. 17 (b) A Participant or his beneficiary may elect to receive the payment of any part or all of the unpaid Installments under paragraph 8.2(a)(2) above in a lump sum, In accordance with rules and regulations promulgated by the Plan Administrator (and in accordance with the Code). (c) Each Participant shall have the right to designate a beneficiary for purposes of the optional form of benefit payment described in paragraph 8.2(x)(2) above and to revoke any such designation. Each designation or revocation shall be evidenced by written instrument filed with the Employer and shall be effective upon tiling with the Employer. (d) In the case of a retirement or termination of employment benefit, in no event shall payment extend beyond the life or life expectancy of the Participant or the joint lives or life expectancies of the Participant and his designated beneficiary. If the Participant dies before receiving the entire amount payable to him, the balance shall be distributed to his designated beneficiary at least as rapidly as under the method being used prior to the Participant's death. (e) In the case of a death benefit, payment (1) to the designated beneficiary shall begin within one year following the Participant's death (unless the designated beneficiary is the Participant's spouse, in which case such benefit shall begin no later than the date the Participant would have reached 70-112) and shall not, in any event, extend beyond the life or life expectancy of the designated beneficiary; or (2) to any other beneficiary shall be totally distributed within five years from the date of the Participant's death. (f) The Participant (or his spouse) shall be permitted to elect whether life expectancies will be recalculated for purposes of distributions hereunder. (g) Notwithstanding the foregoing, payments under the Plan shall satisfy the incidental death benefit requirements and all other applicable provisions of Section 409 (a)(9) of the Internal Revenue Code, the regulations issued thereunder (including Prop. Reg. Section 1.401(a)(9)-2, and such other rules thereunder as may be prescribed by the Secretary of the Treasury). 8.3 Lum Sum Payment. Notwithstanding anything contained in this Plan to the contrary, any benefit payable under the Plan, which is not more than $3,500, shall be paid in a lump sum as soon as practicable following the Participant's termination of employment. 8.4 Periodic Ad ustments. To the extent the balance of a Participant's Accounts has not been distributed and remains in the Plan, and notwithstanding anything contained in the Plan to the contrary, the value of such remaining balance 18 shall share in allocations of the income (or loss) of the Trust Fund pursuant to the provisions of Article Vi. 8.5 Location of Participant or Benefciary Unknown. In the event that all, or any portion of the distribution payable to a Participant or his beneficiary, hereunder shall remain unpaid after five (5) Plan Years solely by reason of the inability of the Administrator, after ending a registered letter, return receipt requested, to the last known address, and after further diligent effort, to ascertain the whereabouts of such Participant or his beneficiary, the amount so distributable shall be treated as a forfeiture. In the event a Participant or beneficiary of such Participant is located subsequent to his benefit being reallocated, such benefit shall be restored by an additional contribution by the Employer. 8.6 Transfer to Other Qualified Plans. The Trustee, upon written direction by the Plan Administrator, shall transfer some or all of the assets held under the Trust to another plan or trust meeting the requirements of the Code relating to qualified plans and trust, whether such transfer is made pursuant to a merger or consolidation of this Plan with such other plan or trust or for any other allowable purpose. 8.7 Direct Rollovers. (a) Notwithstanding any provisions of the Plan to the contrary that would otherwise limit a distributee's (as defined below) election under this paragraph, a distributes may elect, at the time and in the manner prescribed by the Plan Administrator, to have any portion of an eligible rollover distribution (as defined below) paid directly to an eligible retirement plan (as defined below) specified by the distributes in a direct rollover (as defined below). (b) For purposes of this paragraph, the following terms shall have the following meanings: (1) An "eligible rollover distribution" is any distribution of all or any portion of the balance to the credit of the distributes, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributes or the joint lives (or joint life expectancies) of the distributes and the distributes's designated beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under Code Section 401(a)(9), and the portion of any distribution that is not included in gross income (determined without regard to the exclusion for net unrealized appreciation with respect to employer securities). (2) An "eligible retirement plan" is an individual retirement account described in Code Section 408(a), an individual retirement annuity described In Code Section 408(b), an annuity plan described in Code Section 403(x), or a qualified trust described in Code Section 409(a), that accepts the distributes's eligible rollover distribution. 19 ro I However, in the case of an eligible rollover distribution to the surviving spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity. (3) A "distributes" includes an Employee or former Employee. In addition, the Employee's or former Employee's surviving spouse and the Employee's or former Employee's spouse, as defined in Code Section 414(p), are distributees with regard to the Interest of the spouse or former spouse. (4) A "direct rollover" is a payment by the Plan to the eligible retirement plan specified by the distributes. 8.8 Withdrawals from Rollover Contribution Accounts. A Participant, while still employed, may request a withdrawal of all or a portion of his Rollover Contribution Account at any time. 8.9 Withdrawals from Empf2yer Contribution Accounts. A Participant who has reached age 59'x4 may request a withdrawal of all or a portion of his Employer Contribution Account at any time. i 20 ARTICLE IX Trust Fund and Expenses of Administration 9.1 Name of Trustee. The Trust Fund shall be held by the Trustee, or by a successor trustee or trustees, for use in accordance with the Plan under the Trust Agreement. The Trust Agreement may from time to time be amended in the manner therein provided. Similarly, the Trustee may be changed from time to time in the manner provided in the Trust Agreement. 9.2 Expenses of Administration. (a) (1) The assets of the Trust Fund may be used to pay all expenses of the administration of the Plan and the Trust Fund, including the Trustee's compensation, the compensation of any investment manager, the expense incurred by the Plan Administrator in discharging its duties, all income or other taxes of any kind whatsoever that may be levied or assessed under existing or future laws upon or In respect of the Trust Fund, and any interest that may be payable on money borrowed by the Trustee for the purpose of the Trust. (2) The Employer may pay the expenses of the Plan and the Trust Fund. Any such payment by the Employer shall not be deemed a contribution to this Plan. (b) Notwithstanding anything contained herein to the contrary, no excise tax or other liability imposed upon the Trustee, the Plan Administrator or any other person for failure to comply with the provisions of any federal law shall be subject to payment or reimbursement from the assets of the Trust. (c) For its services, any corporate trustee shall be entitled to receive reasonable compensation in accordance with its rate schedule in effect from time to time for the handling of a retirement trust. Any individual trustee shall be entitled to such compensation as shall be arranged between the Employer and the Trustee by separate instrument; provided, however, that no person who is already receiving full-time pay from the Employer shall receive compensation from the Trust Fund (except for the reimbursement of expenses properly and actually incurred). 21 ARTICLE X Amendment and Termination 10.1 Restrictions on Amendment and Termination of Plan. It is the present intention of the Employer to maintain the Plan set forth herein indefinitely. Nevertheless, the Employer specifically reserves to itself the right at any time, and from time to time, to amend or terminate this Plan in whole or in part; provided, however, that no such amendment: (a) shall have the effect of vesting in the Employer, directly or indirectly, any interest, ownership or control in any of the present or subsequent funds held subject to the terms of the Trust Agreement; (b) shall cause or permit any property held subject to the terms of the Trust Agreement to be diverted to purposes other than the exclusive benefit of the Participants and their beneficiaries or for the administrative expenses of the Plan Administrator and the Trust; (c) shall reduce the then vested interest of a Participant; (d) shall reduce the Account of any Participant; or (e) shall increase the duties or liabilities of the Trustee without its written consent. 10.2 Amendment of Pla . Subject to the limitations stated in Section 10.1, the Employer shall have the power to amend this Plan in any manner that it deems desirable, and, not in limitation but in amplification of the foregoing, It shall have the right to change or modify the method of allocation of contributions hereunder, to change any provision relating to the administration of this Plan and to change any provision relating to the distribution or payment, or both, of any of the assets of the Trust. 10.3 Termination of Plan. The Employer, in its sole and absolute discretion, may terminate this Plan and the Trust, completely or partially, at any time without any liability whatsoever for such complete or partial termination. In any of such events, the affected Participants, notwithstanding any other provisions of this Plan, shall have fully vested interests in the amounts credited to their respective Accounts at the time of such complete or partial termination of this Plan and the Trust All such vested interests shall be nonforfeitable. 10.4 Termination Procedure. In the event the Employer decides to terminate this Plan and the Trust, after payment of all expenses and proportional adjustments of Individual Accounts to reflect such expenses and other changes in the value of the Trust Fund as of the date of termination, each affected Participant (or the beneficiary of any such Participant) shall then be entitled to receive any amount then credited to his Account in accordance with the form of payment prescribed by Article Vlll. 22 f 10.5 InIflaf Qualification of Plan. Notwithstanding the provisions of Section 10.1, if it is finally determined that the Plan does not qualify under the Code, then, in that event, the Plan shall terminate as of the date of such final determination and the Plan Administrator shall direct the Trustee to pay the then aggregate of the balances. in the Employer Contribution Accounts to the Employer and the Rollover Contribution Accounts to the appropriate Participants (provided- such payment is made within one year after the date of the final determination). The Participants and their beneficiaries shall have no further rights under the Plan, the Trust or the Trust Fund, and the Trustee shall be discharged of all obligations and duties under the Trust. 23 ARTICLE Xi Partlci ant Direction of Account investment 11.1 Participant __ Directed Investments. On the commencement of his participation in the Plan, each Participant shall direct the Trustee to invest his Accounts in one or more Directed Investment Funds made available by the Plan Administrator from time to time. The Plan Administrator may provide each of the Directed Investment Funds made available to Participants through shares of one or more investment companies or mutual funds, segregated accounts invested in one or more of savings or notice accounts, deposits in or certificates issued by a bank, insurance, annuity or other investment contracts, or other appropriate investment vehicles. 11.2 Election Procedures. Except as may be otherwise provided by the Trust Agreement or by any contract entered into by the Trustee or the Plan Administrator with an investment manager appointed to manage all or any portion of the assets of the Plan, each Participant's directed investment elections shall be made in writing upon his commencement of participation in the Plan. (a) A Participant shall designate the percentage of the balances of his Accounts and future contributions to his Accounts to be allocated to any Directed Investment Fund. (b) Subject to section 11.2(c), a Participant may revise his election effective as of the first day of each Valuation Period. The Participant's revised election shall be effective for contributions made to the Plan after the effective date of such revision, and may be effective for the investment of balances previously allocated and remaining credited to a Participant's Accounts. Any revised election with respect to future contributions shall be subject to the percentage limitations established by the Plan Administrator pursuant to section 11.2(a). If required by the Plan Administrator, any revised election with respect to existing Account balances shall specify the specific percentage, or dollar amount, of each Account to be transferred between Directed Investment Funds. (c) The Trustee shall make requested investments on behalf of each Participant within a reasonable period after the receipt of directions from the Plan Administrator or the Participant. 11.3 Failure to Designate. If a Participant does not specifically designate the initial investments for all of his Accounts at the time he becomes a Participant in the Plan, his Accounts shall be invested in a stable value fund offered as one of the Directed Investment Funds available to Participants until such time as he makes his initial designation regarding his investments. 11.4 Charges and Credits. A Participant's Accounts shall be divided into sub-accounts to properly accoun# for the Directed Investment Funds In which such Accounts are invested. Each sub-account shall be adjusted as of each Valuation Date 24 In accordance with Article VI for purposes of (a) crediting dividends, Interest, and other income on. the investments. in a particular Directed Investment Fund, as well as all realized and unrealized gains credited to that fund, and (b) charging individually allocable expenses In connection with the Investments in a particular Directed Investment Fund, as well as all realized and unrealized losses charged to that fund. Other charges or fees separately incurred and not charged to a Directed Investment Fund,'and Incurred as a result of an election made by a Participant associated with the investment of his Accounts, shall be charged against his Accounts in accordance with Article VI. 11.5 Procedures. The Plan Administrator shall establish procedures regarding Participant investment direction as are necessary, which procedures shall be communicated to all Participants and applied in a uniform, nondiscriminatory manner. ARTICLE X11 Miscellaneous 12.1 Alienation. No Participant or beneficiary of a Participant shall have any right to assign, transfer, appropriate, encumber, commute, anticipate or otherwise alienate his interest In this Plan or the Trust or any payments to be made thereunder; no benefits, payments, rights or interests of a Participant or beneficiary of a Participant of any kind or nature shall be in any way subject to legal process to levy upon, garnish or attach the same for payment of any claim against the Participant or beneficiary of a Participant; and no Participant or beneficiary of a Participant shall have any right of any kind whatsoever with respect to the Trust, or any estate or interest therein, or with respect to any other property or right, other than the right to receive such distributions as are lawfully made out of the Trust, as and when the same respectively are due and payable under the terms of this Plan and the Trust. 12.2 Goveming Law. This Plan shall be administered, construed and enforced according to the laws of the State of Florida, except to the extent such laws have been expressly preempted by federal law. 12.3 Gender. Throughout this Plan, and whenever appropriate, the masculine gender shall be deemed to include the feminine and neuter; the singular, the plural; and vice versa. 12.4 Forfeiture of Benefits for Specified Offenses. (a) Notwithstanding anything to the contrary, any Participant who is convicted of the following offenses committed prior to retirement, or whose employment is terminated by reason of his admitted commission, aid or abetment of the following specified offenses, shall forfeit all rights and benefits under this Plan, except for the return of his Employee Rollover Contribution Account as of the date of termination. Specified offenses are as follows: (1) The committing, aiding or abetting of an embezzlement of public funds; (2) * The committing, aiding or abetting of any theft from the Employer, (3) Bribery in connection with the employment of a public officer or employee; (4) Any felony specified in Chapter 838, Florida Statutes (except §838.15 and §838.16); (5) The committing of an Impeachable offense; 26 (&) The committing of any felony by a public officer or employee who willfully and with intent to defraud the public or the public agency, for which he acts or in which he is employed, of the right to receive the faithful performance of his duty as a public officer or employee, realizes or obtains or attempts to obtain a profit, gain, or advantage for himself or for some other person through the use or attempted use of the power, rights, privileges, duties or position of his public office or employment position. (b) Conviction shall be defined as an adjudication of guilt by a court of competent jurisdiction; a plea of guilty or a polo contenders; a jury verdict of guilty when adjudication of guilt Is withheld and the accused is placed on probation; or a conviction by the Senate of an impeachable offense. Court shall be defined as any state or federal court of competent jurisdiction which is exercising its jurisdiction to consider a proceeding involving the alleged commission of a specified offense. (c) Prior to forfeiture, the Administrator shall hold a hearing on which notice shall be given to the Participant whose benefits are being considered for forfeiture. Said Participant shall be afforded the right to have an attorney present. No formal rules of evidence shall apply, but the Participant shall be afforded a full opportunity to present his case against forfeiture. (d) Amounts forfeited from a Participant's Account under this Section 12.4 shall be used to reduce future Employer contributions. 12.5 Claims Procedures. (a) Claims for benefits under the Plan may be made by a Participant or a beneficiary of a Participant on forms supplied by the Plan Administrator. Written notice of the disposition of a claim shall be furnished to the claimant by the Administrator within ninety (90) days after the application is filed with the Administrator, unless special circumstances require an extension of time for processing, in which event action shall be taken as soon as possible, but not later than one hundred eighty (180) days after the application is filed with the Administrator; and, in the event that no action has been taken within such ninety (90) or one hundred eighty (180) day period, the claim shall be deemed to be denied for the purposes of subsection 12.5(b). In the event that the claim is denied, the denial shall be written in a manner calculated to be understood by the claimant and shall include the specific reasons for the denial, specific references to pertinent flan provisions on which the denial Is based, a description of the material information, if any, necessary for the claimant to perfect the claim, an explanation of why such material information is necessary and an explanation of the claim review procedure. (b) If a claim is denied (either In the form of a written denial or by the failure of the Plan Administrator, within the required time period, to notify the claimant of the action taken), a claimant or his duly authorized representative shall have sixty (60) days after the receipt of such denial to petition the Plan 27 r Administrator in writing for a full and fair review of the denial, during which time the claimant or his duty authorized representative shall have the right to review pertinent documents and to submit issues and comments in writing. The Plan Administrator shall promptly review the claim and shall make a decision not later than sixty (60) days after receipt of the request for review, unless special circumstances require an extension of time for processing, in which event a decision shall be rendered as soon as possible, but not later than one hundred twenty (120) days after the receipt of the request for review. If such an extension is required because of special circumstances, written notice of the extension shall be furnished to the claimant prior to the commencement of the extension. The decision of the review shall be in writing and shall include specific reasons for the decision, written in a manner calculated to be understood by the claimant, with specific references to the Plan provisions on which the decision is based. IN WITNESS WHEREOF, this Plan has been executed this day of 1997. CITY OF CLEARWATER By: "EMPLOYER" *74"M ?5038.67889?1 28 r . r ?..?' stff +e?'.r• jy+?;?tt??? i,?'#?.??'r;: ?'"5.?;.e Y?.'_? ?;? ?, ?i - , •`7`F'S'"?..%?j.u ;?`zx'' „,-4;`1'rr?,?o3;l,j?i r. :,?:?i?`..,•f??a IE? •s• .f.s , .?w'eal?',a??h,Y)?l:s.)?°• i i??.c.1f.4Fz ?'.ia'.'b'tt,,#,?4,,,,.?5{etis?.?:f'i, 4 t.: PuR g'a???? 1? &M 057 INTEROFFICE MEMO To: Mayor and City Commissioners From: George E. McKibben, Purchasing Manager Copies: Michael J. Roberto, City Manager Cynthia E. Goudeau, City Clerk Subject: Purchases to be approved at the August 21, 1997, City Commission Meeting Date: August 12, 1997 A. The following items are purchases included in the approved 1996197 budget. All recommended vendors are the lowest most responsive bidders in accordance with the specifications unless a specific exception is noted. 1. Award a contract to Steadi Systems of New York, New York, New York, for the purchase of video diting equipment, at a cost of $33,954.00 for utilization by Community Outreach in the C- VIEUstudio. Appropriation code: 010-09215-564000-512-000. (Information Management). 2. Award a contract to Altec Industries, Inc., Birmingham, Alabama, for the purchase one 1997 Ford F-800 chassis with A1tec Model AN-650P Aerial Tower at a cost of $74,402.00, for utilization throughout the City by the Parks and Recreation Department. Funding to be provided by lease purchase under the City's Master Lease Purchase Agreement. Appropriation code: 315-94227- 564100-519-000. Debt service code: 566-06612-571300-582-000 (Principal) and 566-06612- 572300-519-000 (Interest). (General Services) 3. Award a contract to U.S. Filter Distribution of Tampa, Tampa, Florida, for the purchase of double detector check valve assemblies the contract period of August 22, 1997 through August 14, 1998, at an estimated cost of $61,525.00, for utilization throughout the City by the Public Service Department, in accordance with Sec. 2.564 (1)(d), Code of Ordinances - Other Governmental Bid, Cityof Tampa. Funding in the amount of $4,330.00 is available in line item 421-00000-141110- 000-000 to fund the current year's portion of the contract. Funding in the amount of $57,195.00 has been requested in the City Manager's FY 1997198 recommended budget to fund the balance of the contract. (Public Services) 4. Award a contract to BCD Computer Distributors, Inc., Tampa, Florida, for the purchase of 5 laser printers and 13 bubblejet printers and software for Parks and Recreation remote sites, at d cost of $16,683.18, in accordance with Sec. 2.564 0)(d), Code of Ordinances - Other Governmental Bid, Florida State Contract. Funds in the amount of $11,035.00 are available in capital project 315- 94758. The balance of $5,648.18 will be provided by a third quarter amendment transferring these savings within the Parks and Recreation operating budget. Appropriation code: 315-94758. (Parks and Recreation) ? ' ,' - . . ? .. ?»?.ri1?.s?f.4????., ?g?`.?f".r:;l?:A:'n?t*.?.?.s?i3P1?t,`?,?e;"yiw.A:??•??,`F`??.s.. `?-???e p?=??iV3/r?:?'.`??i`?'?7.au.?. ,. ?',, 5:'.-•??'•. ? ?? ... . ,, _? ErJ2 Item #: Meeting Date: SUBJECT: Change Order #1 - 1997 Street Resurfacing Contract RECOMMEN DATIONNOTION: Approve Change Order No. 1 to Golden Triangle Asphalt Paving Company Inc., for the 1997 Street Resurfacing Contract (96-22) adjusting the contract completion date from 819197 to 11/21/97 for a total contract time extension of 114 days, © and that the appropriate officials be authorized to execute same. BACKGROUND: The 1997 Street Resurfacing Contract time with Golden Triangle has expired. Coordinating the resurfacing with other work has resulted in funds still being available for this contract. This change order will add 114 days to the original 180, changing the expiration date from 8/9/97 to 11/21/97. The contract amount of $1,091,143 will not change. Work to be done in the additional time will be: 1) Resurfacing the Pier 60 and Memorial Civic Center Parking lots during the least busy tourist season. 2) Resurfacing the City Hall employee lot after some curb modifications by the Public Service Department. 3) Resurface streets per the attached list Clearwater City Commission Agenda Cover Memorandum 4) Repair the private parking lots for Morton Plant Hospital and Town Place apartments that were damaged by broken water mains in city easements. Other provisions of the change order adjust completed contract items to quantities actually used. Reviewed by: Legal Budget 1 Purchasin Risk Mgmt. NIA Originating Dept. Engineering Dept. user Dept. Engineering Dept. Advertised: Costs: (Current FYI I Funding Source: Capt. Imp. Operating Other Is NIA Date: i ACM Paper: ENG. Not required: NIA OTHER 'lalgr Affected parties notified Submitted By: J I Not Required NIA ;City Manage( VJ Printed on recycled paper Appropriation Code(s) Commission Action: ? Approved ? Approved w/Conditions C) Denied ? Continued to: Attachments: ? None .rr r ??f8 "j. fay .;??.';T•i .. j?. ." .Y',i. • ,. f f. , a <f .1' .F5' 1 S•. •' ' Additional Streets Added to the 1997 Resurfacing Contract (96-22) • Sedeeva St., Charles St., Commodore St., & Marine St. - Edgewater Dr, to Broadway * Wilson Blvd, - Sedeeva St. to Union St. * Anchorage Way - Commodore St. to Marine St. • Fairmont St, - N. Ft, Harrison to Fulton Ave. * Minnesota Dr. - Myrtle Ave, to Fairmont St. * Tangerine St, - Greenwood Ave. to Madison Ave. * Pennsylvania Ave. - Palmetto St. to Seminole St. • Eldridge Ave. - Myrtle Ave. - Missouri Ave. * Pinebrook Dr. - Kings Highway to Highland Ave, * Admiral Woodson Ln., & N. Hibiscus St. - Kings Highway to Palm Terrace Dr. * Palm Terrace Dr. - S. Hibiscus St. to Pinebrook Dr. * Grove St.',- East Ave. to Myrtle Ave.' • Hendricks St. - Ft. Harrison Ave. to East Ave, • Laura St. - Hendricks St. to East Ave. • Elderberry Dr. - Cul-de-sac to Cul-de-sac • Mulberry Dr. S. - Cul-de-sac to Beaver Dr. • Beaver Dr: - Mulberry Dr. S. to Cul-de-sac • Doe Ct. & Fawn Ct. • Marigold Dr, Pine Haven Dr., & Mulberry Dr. - Mulberry Dr. S. to Elderberry Dr. • Farnham Way, & Somersworth Dr. - Sandy Ridge Dr, to Landmark Dr. • Wessex Way - Farnham Way to Landmark Dr. • Hadleigh Ct. . • Rollingwood Ct. 1997 Resurla&43 ConVwt COO Logn CHANGE ORDER: # 1 PROJECT: 1997 Street Resurfacing Contract DATE: July 30,1997 PROJECT NUMBER: 96-22 PO REFERENCE NO.: 699-13417 CONTRACTOR: Golden Triangle Asphalt Paving Co., Inc. P.O. Box 20085 St: Petersburg, FL. 33742 DATE OF CONTRACT: _ _01/09[97 CODE: 315-92260-563700.541-000(A) 315-96721-563800-53MM (F) SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT See Attached Sheet for Increases/Decreases/Additional Items Approve Time Extension of 114 Days. STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: Original Contract $1,091,143.00 Change Order # 1 $ 565.70 New Contract Total $1,090,577.30 Rita Garvey Mayor-Commissioner John C Carassas, Asst: City Attorney (Approved as to form and correctness) ATTEST: Cynthia E. Goudeau, Date: City Clerk CTTY OF CLEARWATER, in PINELLAS COUNTY, FLORIDA Michael J. Roberto, City Manager GOLDEN TRIANGLE ASPHALT PAVING CO., INC. eix"" 1 BY, z SEAL o rt Faison, Vice-President Date: 41-14 7 WITNESSES: eanne K. 'Ki i16n /11 Recommended bNO Richard J. er, City En eer IWSLrM wmtw*%(&22)(Numbenfonn) i° Page 2 Change Order # 1 • 1997 Street Resurfacing Contract (96-22) Increases for Code "A" Item #7A Replace 4" Concrete Sidewalk 1,500 S.F. Decreases for Code "A" Item #1A Install Asphaltic Concrete Resurfacing 500 Tons (PC -1 & PC-3) Additional Items for Code "A" Item #13A Cleveland St Resurfacing Mobilization 1 L.S. Item #14A McKinley/Marilyn Intersection 1 L.S. Mobilization/Traffic Maintenance $165 ® $35.34 = $1,800.00 • $2,350.00 Item #15A McKinley/Marilyn Intersection 300 S.Y. @ New Base Add 8" Asphalt Milling $5.90 Item #16A McKinley/Marilyn Sod 120 S.Y. @ $2.10 NET TOTAL FOR CODE "A" Additional Items for Code "F" Item # 1F Repair of Water Break at Morton 95 Tons @ $35.34 Plant Hospital, Install Asphaltic Concrete Resurfacing (60 Tons) and Repair of Water Break at Town Place Apts., Install Asphaltic Concrete Resurfacing (35 Tons) Item #17F Mobilization for Town Place Apts. 1 L.S. @ $1,800.00 Item #18F Mobilization for Morton Plant Hospital 1 LS. @ $1,800.00 NET TOTAL FOR CODE "F" OVERALL CONTRACT TOTAL CHANGE 3,975.00 ($17,670.00) $1,800.00 $2,350.00 $1,770.00 252.00 ($7,523.00) $3,357.30 $1,800.00 800.00 6 957.30 ($565.70) Item # ..2 CLEARWATER CITY COMMISSION Agenda Cover Memorandum Meeting Date SUBJECT: RECONSTRUCTION OF HIGHLAND AVENUE FROM NORTH OF GULF-TO-BAY BOULEVARD TO NORTH OF SUNSET POINT ROAD (96-12), CHANGE ORDER 42. RECOMMENDATION/MOTION: Ratify and confirm Change Order 42 for the reconstruction of Highland Avenue from north of Gulf-to-Bay Boulevard to North of Sunset Point Road (96-12) to Overstreet Paving Company of Largo, Florida, increasing the contract amount by $399,153.65 for a new contract total of $41797,788.11, and approve a time extension of 161 days, R and that the amrouriate officials be authorized to execute same SUMIvIARY: • The contract to widen Highland Avenue from north of Gulf-to-Bay Boulevard to Sunset Point Road was awarded to Overstreet Paving Company on June 20, 1996, by the Clearwater City Commission for a total contract price of $4,281,069.56. Change Order #I executed March 13, 1997, increased the total contract by $117,564.90 to $4,398,634.46. A change order is necessary to advance the construction process and for necessary additional work in the future. The scope of this change order was presented to the Commission at the work session on July 14. Following is a brief discussion of the change order work arranged by funding source. Roadway/Storm Sewer Items • Cul-de-sac Bonair Street at Highland and reconfigure Flagler Avenue to one way northbound in response to public request. • Provide gravity walls at the right-of-way where lawns are higher than 1,0 foot above the sidewalk. Homeowners were given the option of sloping on their property or a retaining wall at the right-of-way line. Reviewed by: Legal 5 Risk Mgmt. NIA IS NIA ACM ENG. .72 OTHER Sub ?OC) yCity HAland Ayfim CO#Z ai Originating Dept. Engineering Services User Dept. L Advertised: Date: Paper. Not required: X Affected parties Notified: Not Required: X Costs: $399.153.65 (Current Fl) Funding Source: Capt. Imp. X Operating Other Continued: Commission Action Approved Wconditions Denied Cont'd to Appropriation Code(s) I Attachments: See Attached Change P[der Change Order #i 2 Page 2 Continued AGENDA ITEM: RECONSTRUCTION OF HIGHLAND AVENUE FROM NORTH OF GULF- TO-BAY TO NORTH OF SUNSET POINT ROAD (96-12) CHANGE ORDER # 2 OVERSTREET PAVING COMPANY • Several storm structures were needed for conflicts with existing utilities and to improve drainage system performance. • St. Augustine sod is required to match existing lawns at the request of property owners, and repair or reconfiguration of sprinkler systems made inoperable due to roadway construction is also required. Signalization: • Temporary signal poles are needed for stage construction of the nc:v traffic signals being installed at Cleveland Street, Palmetto Street and Greenlea Drive. • Directional boring of 2-inch and 4-inch conduit for interconnect cable to prevent open cut of the asphalt surface and to prevent traffic backups is anticipated under streets where open cut causes traffic backups or where trenching will expose the asphalt surface. Utili • Replace a section of vitrified clay sanitary sewer with PVC pipe from Cleveland Street to Park Street. All Pay Item Categories • Telephone Utility Delays - The total cost attributable to delays and increased Maintenance of Traffic (MOT) for the relocation of GTE facilities is $108,000. The greater portion of this amount was unavoidable due to project constraints already outlined to the Commission. GTE has indicated a willingness to reimburse the City between $35,000 and $45,000 for the MOT costs used solely for its benefit. •" HDR Field Inspection Costs - Although HDR has been diligent in the management of this project, in the spirit of partnership, it has offered a rebate credit of $20,000 to offset a portion of the increased cost of CEI due to the extended project duration, • Pay for delays in obtaining necessary railroad permits from CSX Transportation which did not arrive until April 1997. This permit took approximately one year to obtain. . The available balances in capital improvement projects: Sanitary Sewer Utility Relocation (315-96634), Water Line Relocation (315-96742) and Interscetion Improvements (315-92555) are sufficient to provide funding for the signalization, water line and sanitary sewer line relocations detailed on the attached change order. Funding in the amount of $184,729 is available in project 315-92140, Highland Avenue Widening, to fund a portion of the roadway/storm items. The balance of $179,313 will be provided by a third quarter budget transfer from project 315- 92260, Street Resurfacing. CHANGE ORDER # 2 DATE: July 14, 1997 PROJECT: RECONSTRUCTION OF HIGHLAND AVENUE PROJECT NUMBER 96-12 (GULF-TO-BAY BLVD. TO SUNSET PT. RD.) DATE OF Jul 2 ,1996 CONTRACT CONTRACTOR: OVERSTREET PAVING COMPANY 1390 DONEGAN ROAD CODE: 315-92140-563700-54I-000 (A) LARGO, FLORIDA 34641 315-92555-563700-541-000 (B) 315-96704-563800-533.000 (C) 315-96634-563800-535-000 (D) 315-96371-563800-5324000 (E) 315-96742-563800-533-M (F) SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT SEE ATTACHED SHEET FOR ITEMS AND QUANTITIES. APPROVE TLME EXTENSION OF AN ADDITIONAL 54 DAYS IN CHANGE ORDER 1 PLUS 161 IN CHANGE ORDER 2 FOR A TOTAL OF 215 CONTRACT DAYS. STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: ORIGINAL CONTRACT AMOUNT $4,281,069.56 CHANGE ORDER 1 +S 117 564.90 CONTRACT TOTAL $4,398,634.46 CIIANGE ORDER 2 +$ 399,153.65 NEW CONTRACT TOTAL $4,797,788.11 Rita Garvey, Mayor-Commissioner John C. Carassas, Asst. City. Attorney (Approved as to Form and Correctness) ATTEST: Cynthla E. Goudeau, City Clerk Date: CITY OF CLEARWATER, in P94ELLAS COUNTY, FLORIDA Michael J. Roberto, City Manager OVERSTREET PAVIN B OMAS E. OVERSTREET, CE- PRESIDENT Date: 2""Z(e - 2 2 WITNESSES: C nude Nowell Alice R. Eckman (pded by: J.Bai ,P.$. City Engineer Recommended by Engineering Consultant HDR Engineering, Inc, A/.I/, m /) / . :,L William H. Wadsworth, PE Sr. Vice President v F t i S MEMORANDUM TO: Honorable Mayor and City Commissioners FROM: Pamela K. Alci, 11?? Attorney RE: Terence Kelly and Pinellas County Police Benevolent Association, Inc. v. City of Clearwater PERC Case No. CA-97-084 DATE:' August 7, 1997 Please be advised that the City has received a Charge of Unfair Labor Practice filed with the Public Employees Relations Commission, the defense of which will be assigned to outside counsel, Thompson, Sizemore & Gonzalez. BRIEF SUMMARY: Police Officer Kelly filed a grievance of his suspension and the grievance was denied on December 5, 1996. The grievance was submitted for arbitration through the Federal Mediation and Conciliation Service. The City advised the arbitrator of its objection to the PBA representing Officer Kelly in his arbitration in that ,the FOP is the exclusive bargaining representative for the employee. The PBA also declined to proceed with that arbitrator as the arbitrator wanted prepayment. The employee and the PBA then filed an Unfair Labor Practice charge alleging violation of Section 447.501(1)(a) and (f), Florida Statutes, by refusal to further process the grievance to arbitration, PKA:jmp Attachment Copies: Michael J. Roberto, City Manager 'Kathy S. Rice, Deputy City Manager Thompson, Sizemore & Gonzalez AMENDMENT TO EMPLOYMENT AGREEMENT This Amendment to Employment Agreement is entered into this day of , 1997, by and between the CITY OF CLEARWATER, FLORIDA ("City") and PAMELA AKIN (Employee"). WHEREAS, City and Employee entered into an Employment Agreement on August 30, 1994, to employ the services of the Employee to serve as City Attorney; and WHEREAS, it is the desire of the City and the employee to change certain benefits as originally provided in the Employment Agreement to provide for an 1CMA 401A Money Purchase Pension Plan for the Employee and to delete the 6% deferred compensation program City contribution; now, therefore, Section 1. Section 4, Paragraph B, of the Employment Agreement between the City and the Employee is amended as follows: Section 4. Salary, Retirement, Vehicle, and Other Benefits. B. The Ci agrees to a 15% contribution into an ICMA 401A Money Purchase Pension Plan effective June 23. 1997, as provided in Ordinance 6180-97 adopted on August 21, 1997. ° a4... r--_I_..__r_ t- ___ __l__. ?_ ti__ r.:,... -------- A J -2-._.__ _I Section 2. All other terms and conditions of the Employment Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the City and the Employee have executed this Amendment on the date first above written. Countersigned: Rita Garvey Mayor Commissioner Approved as to form: John Carassas Assistant City Attorney Cynthia E. Goudeau City Clerk Pamela K. Akin, City Attorney By: CITY OF CLEARWATER, FLORIDA Michael J. Roberto City Manager Attest: t? Clearwater City Commission Agenda Cover Memorandum Item #: Meeting Date: SUBJECT: Clearwater Beach Strategic Development Plan RECOMMENDATION/MOTION: Authorize proceeding with the Clearwater Beach Strategic planning process. ? and that the appropriate officials be authorized to execute same. SUMMARY: Creating a development plan for Clearwater Beach has been discussed since 1991. It is time to move forward. We have capital projects scheduled (the new Memorial Causeway Bridge, Mandalay streetscape, new civic center, etc.) that require the preparation of a comprehensive plan. Our competitors, in Florida, across the country and internationally, are improving their tourism product. We need an implementable plan that will receive" community support. We propose a unique approach. First, the Strategic Development Plan will be public-input driven. The attached schedule illustrates the process we intend to use, if authorized by the Commission. Please note that plan development will not occur until after the public input has been received and evaluated. Second, we propose a consultant/City staff partnership for plan preparation. Our consultant team consists of three individuals who have been selected based upon their unique ability to handle the demands of this project. The consultant team members are: • Ralph Stone (former Planning Director for St. Petersburg) - Mr. Stone will serve as the Project Manager for the Strategic Development Plan. He will handle media contact, provide editing services and direct the coordination of this team with any traffic operations work that will be ongoing simultaneously. • Dr. James Moore (USF Professor with significant experience in public meeting facilitation and ,development issues) - Dr. Moore will be responsible for facilitating meetings with the public and coordinating public comments into a design concept for the Strategic Development Plan. Dr. Reviewed by: Originating Department: Costs: Commission Action: Legal NIA Central Permitting ? Approved Budget NIA Total ? Approved w/Conditions Purchasing NIA User Department: ? Denied Risk Mgmt. NIA Current Fiscal Year ? Continued to: Is NIA Funding Source: ACM IM Capital Improverntnt. Other N/A Advertised: ? operating: Date: ? Other: Attachments: Papa: Public input/planning process Submitted by: 10 Not Required Appropriation Code Affected Parties: ? Notified ? None City Manager I@ Not Required 0i printed on recycled paper ' 1 6 9-"o Moore will also examine the general economic feasibility and market liability of specific development strategies. Jason Westrope (USF Masters Thesis - Clearwater Beach) - Mr. Westrope will be responsible for creating the draft and final versions of the Strategic Development Plan, including graphics. Mr. Westrope will also be able to use his research skills to facilitate this project; Commission members may remember Mr. Westrope from his graduate thesis presentation to the Commission regarding Clearwater Beach. Each of these consultants will have contracts with the City substantially less than the $25,000.00 the City Manager can execute. The actual contract amounts are currently being negotiated. The total for all three contracts is not expected to exceed $50,000. Funding is available in a special capital project account to cover the anticipated expenses of this planning process. However, because of the nature of this project, and the anticipated public-participation, staff is requesting the Commission be aware and authorize the program laid out,in this agenda item. Work will begin immediately upon Commission authorization. ' f ao, CLEARWATER BEACH STRATEGIC DEVELOPMENT PLAN -SCHEDULE- TIMELINE PUBLIC INPUT OPPORTUNITIES/ACTIONS PUBLIC MEETING WITH COMMISSION AUGUST - SEPTEMBER GROUP MEETINGS . BEACH ASSOCIATION • BEACH AREA COUNCIL • BEACH CHAMBER SURVEY OF BEACH PROPERTY OWNERS "HOSTED" MEETINGS SEPTEMBER -OCTOBER BEACH ASSOCIATION • BEACH AREA COUNCIL • BEACH CHAMBER OCTOBER - NOVEMBER DESIGN CHARETTE DECEMBER FOLLOW-UP PUBLIC MEETING DECEMBER PLAN DEVELOPMENTIDRAFTING PLAN PRESENTATION JANUARY PLANNING & ZONING BOARD • CITY COMMISSION ** Specific Dates will be provided in early September. item p: ' Clearwater City Commission Agenda Cover Memorandum Meeting cote: ? . SU13JECT: REVISE THE CODE OF ORDINANCES TO ALLOW THE SALE OF ICE CREAM FROM TRUCKS ON RESIDENTIAL STREETS. RECOMMENDATION/MOTION: Pass on first reading Ordinance No. 6176-97 revising Section 28.04 and APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, XXVIiI, OCCUPATIONAL LICENSE FEES, Code of Ordinances. ? and that the a0roariate officials be authorized to execute same. BACKGROUND: Staff has received a request to allow the sale of ice cream from trucks on streets in residential areas. Currently the city code of ordinances prohibits any sale of merchandise or products from occurring on any street within the city. The proposed use will require a background check and approval by the Police Department and a Pinellas County Health permit. The request requires changes to two areas of the city code of ordinances: A. Section 28.04. Trading and selling on streets. (Change the language to allow ice cream to be sold from trucks on residential streets.) 2. APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, XXVIII, OCCUPATIONAL LICENSE FEES. (Add the new "Ice Cream Truck Merchant" category with "Note B", the Police Background Check requirement, and "Note D", the requirement for a Pinellas County Health Dept. Permit.) Attached is the proposed ordinance amending these sections of the code which will allow ice cream sales from trucks on residential streets. Reviewed by: Originating Dopartmont: Costs: Commission: Action: Legal Liz- Budget NIA CENTRAL PERMITTi Total ? Approved ? Approved wlConditions Purchasing NIA User Department: ? Denied Risk Mgmt. NIA Current Fiscal Year ? Continued to: is NIA Funding Source: ACM Q Capital Improvamant; Other Advertised: ? t)paratlnfl: Date: D Attachments: other. Paper: TAMPA TRIBUNE PROPOSED ORD.No.6176-97 Submitted by: ' i] Not Required Appropriation Coda Affected Parties: Q Notified ? None City Manager ® Not Required Printed on recycled paper 11; ORDINANCE NO.6176-97 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA RELATING TO THE SALE OF ICE CREAM FROM TRUCKS IN RESIDEN'TIA.I. AREAS; AMENDING CITY CODE OF ORDINANCES, CHAPTER 28, STREETS, SIDEWALKS, OTHER PUBLIC PLACES; AMENDING APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, OCCUPATIONAL LICENSE FEES; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: eqi n 1. Section 28.04 and Appendix A, Code of Ordinances, are amended to read: Sec. 28.04. Trading and selling on streets. (1) Except for the We of ice cream from ice cream trucks on streets in_residential _areas, which have been issu a ci ccu a Tonal license fo such use and Unless authorized by article III of chapter 22 which pertains to special events, it shall be unlawful for any person to sell, barter, exchange, or offer to sell, barter or exchange any goods, wares or merchandise of any kind or nature whatsoever in or on or over any street, right-of-way or public property, sidewalk or park within the city. APPENDIX A, SCHEDULE OF FEES, RATES AND CHANGES, XXNU. OCCUPATION LICENSE FEES, Code of Ordinances, is amended to read: APPENDIX A SCHEDULE OF FEES, RATES AND CHANGES a? XXVIIL OCCUPATIONAL LICENSE FEES. Category No. Category Fee 070.000 Merchant or merchandising: (see note B for sales of used merchandise) 070.110 Merchant,'ice cream truck (See notes B and D) ................................... 50.00 Ordinance No. 6176-97 r ?... ? .. ;w„ .?,FTS.`sxtn•'1. wa?:lay,. 'L ? t''', "': fs,..?„. N???'•l .(ff: ?. .. .? w. ? ? .. , • :l Section 2. This ordinance shall take effect upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED E Approved as to form: '. r Leslie Dougall es 'Assistant City ttorney } a1 Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk } Ordinance No. 6176.97 r al AUr21--1997. 18t56 1PFORVIRTION M13T. 8135624696 P.01i01 C I T Y OF C L E A R W A T E R• POST OFr+cE BOX 474E Cm.EARWATEA, FLORIDA 34518.4748 For Immediate Release August 20, 1997 News release Contact: Carrie Hundey, Commmudiy outreach manger (813) 5674684 CL EARWATERAISPLAYS GQaD HUMORIN WMXOM VG ICE CREM TRUCKS Ice cream trucks sea welcome in Clearwater - and the City Commission will make it official at its regular Thursday night mating. The musical ice cream. vendor trucks were Wdvertently banned firm Clearwater streets vahen the City Commission passed an ordinance limiting the growth of food vendors, "no ordinance was never intended to prohibit ice cr=4 trucks in neighborhoods," said Mayor Rita Garvey. "We wanted to prevent the proliferation of food vendors in public rights of way, pmticularly on Clearwater Bcwh" G mvey said she expected the Commission to vote unanimously in i$vor of an amendment making it clear that foe crmn trucks ow operate in the City. The problem, came to light recently when an ice cream vendor's applicadon lbr a license was denied. When Commissioner Bob Clark brought this to City Manager Nfike Roberto's attention, Roberto immediately set to work of an amendment to the ordinance. It won't be all business as usual at the Commission matting. After the vote, members are expected to take a short ice cream break, and the peoplo In the audience will be invited to join them. . -3a- ? CrTV MAMAGat May He 1997 Mr. Cubs Gonzalez, President Mr. Frosty, Inc. 7501-120 Ave. No., Suite G Lugo, FL 33773 Pat Ornm Box 4748, CW"Atas Fwax 346184748 Cmr HW411 Z Som Ox: MA Avw^ Cuwnrat k Fwjum 34616 ?hn+xm (813) 462-6700 FAx (813) 4624720 bO COPIES TO; rOMMISSION MAY 16 1997 r'ncv3 CLERK / ATTORNE? Dear Mr. Gonzales; I am in receipt of your letter of April 10, 1997 regarding the issuance of occupational licenses foi' ice creaun trucks. While it is currently against City regulations for ice cream trucks to operate in the City limits, I do intend to bring this issue forward for discussion by our City Commission. In recent years, the City Commission has attempted to adopt a more business friendly approach. Perhaps they will see your request as an opportunity to facilitate a business-friendly environment in the City. Hank you for your letter. I will be in touch with you as soon as 1 have additional information to provide you. Thank you for your interest in the City of Clearwater. Sincerely, izabeth iu. Deptuh City Manager cc: Sid Klein. Chief of Police llt. Jeff Kronschnabl/'Community Response Team Scott Shuford, Director of Central Permitting Sandy Ghtthorn, Planning Administrator I J U L 0 1 1997 -CITY C.- f April 10, 1997 PQ Box 4748 Clearwater, PL 34615-4748 Dear Elizabeth Deptula: I am writing this letter to you in the hopes of finding out some information on the following subject. Why isn't there an occupational license for ice cream vending trucks in the city of Clearwater? I am the owner of a business that has a fleet of nine trucks. We operate throughout all of Pinellas County except for Clearwatet I have owned this business for the past 7 years, in Ohio and here in Florida, and this is the first time I have encountered this situation and it puzzles me. I called and spoke to someone in the Dept of Zonis and was told that all vending had been banned for two basic reasons. First, the safety of the community and secondly, to not create a circus atmosphere. I think that both these reasons may seem valid to you, but I would like to voice my opinion to you and hope you will listen. The safety of the trucks operating throughout a neighborhood is the same, or better than any other vehicle. I will agree that the trunks do attract children, but they also operate at a slow rate of speed, usually 3 to 5 mphs. The drivers are all screened by my insurance agency before dri, rin& Any reports of drinking, speeding, or reckless operations automatically disqualify the applicant The trucks are fully insured and permitted according to the state's requirements. In seven years, I have yet to be involved in any injury to child or adult. You may think I am lucky but I believe that I take the proper precautions in operating my business. I a n sure that there are other business owners whose drivers do not follow the proper guidelines and they should be exempt from operating in Clearwater and other cities. I feel I am being penalized for their disregard for proper standards. On the issue of circus atmosphere, I believe that this was directed to stop venders from showing up on the beaches and causeways where all the tourists congregate. This would probably cause major traffic problems and a riff between legitimate business owners in the area who would lose some of their customers to the mobile venders. 'This point I agree with and think that those beach business owners have a right to keep mobile venders out, but I am talking about residential areas, -not commercial areas. Ice cream trucks are welcomed into all neighborhoods by their residents. It is a thrill for a child to get an ice cream on a sunny day. In fact, drivers that have wandered into Clearwater accidentally 7501 124TH AVE. N., SUITE G • LARGO, FL • 33773 PHONE: (813) 330-4137 • FAX: (813) 530-4137 11 •?? • -2- Apo] 10, 1997 have always said that the parents asked why they do not come through more often and ask that they return. If you ask the community, I am sure they will agree. What the city should do is institute some strict guidelines in regards to this issue so that legitimate business owners that have ice cream trucks can operate in the same manner as any other business. Believe it or not, the trucks furnish a needed service to the community. They enlighten neighborhoods on a daily basis, providitig a lift to the children for only fifty cents. 'They provide a thrill that has nothing to do with big money, drugs, or alcohol. We provide three things that are vital for a successful business, great prices, quality, and service. The product is inexpensive, ranging from .15 to $1.75. The quality is excellent because we carry - mostly Good Humor-Breyers Ice Cream The service is superior because the drivers know that they need to respect and accommodate the community to be accepted. In effect, I am asking for an explanation from you on this issue or maybe even a review by the city itself. I believe that there are some bad eggs out there that they should not be allowed to operate, but that is true of any business. Companies should be excluded on their own merits and not on generalizations of the total industry. I am not stating that the City of Clearwater should follow other cities, but if you check the incidence of problems across the country, you will find no need for the exclusion of ice cream trucks that are properly screened. I hope that you understand my letter and give me some insight on what I may need to do to pursue this issue further i.e. petitions, hearings, etc. I thank you in advance for seriously considering my thoughts. Sincerely, Carlos Go c President S r • Clearwater City Commission item= g Agenda Cover Memorandum Meeting Date: 8121197 SUBJECT: CLEARWATER/NAGANO HOSPITALITY CENTER DESIGN/FABRICATION/INSTALLATION CONTRACT RECOMMEN DATIONIMOTION: Award a Contract to Piper Productions, a Sparks Company, to design, fabricate, install, and strike the Clearwater/Nagano Hospitality Center in an Amount not to exceed $395,000 ® and that the appropriate officials be authorized to execute same. -_-- BACKGROUND: • In July, 1997, the City of Clearwater was awarded a grant from the State of Florida in the amount of $750,000 to fund the Cleamvater/Nagano Hospitality Center during the 1998 Winter Olympics in Nagano, Japan. • Piper Productions, a Sparks Company, has been selected as the vendor of choice to provide design, fabrication, installation, and strike of the Clearwater/Nagano Hospitality Center which will be located in the Tokyu Department Store, fifth floor, in Nagano, Japan. Piper Productions is a part of one of the five top scenic companies in the United States, and with their office in Tokyo, Japan, will be able to substantially shorten delivery times for the project. • As stated in the agenda item in which the City Commission approved acceptance of the State of Florida grant, this project has a very short time frame and, due to this fact, the City Manager has certified to the purchasing agent that an emergency exists in regard to the purchase of commodities and services for the project and that a delay incident to giving opportunity for competitive bidding would be detrimental to the interest of the City. • Therefore, it has been determined that it is impractical to bid for the design, fabrication, installation, and strike services for this project. Reviewed hy: Originating Department: Costs: Commission Action: Legal tnfo?rnatian M. ment 395,000 13 Approved Budget Total ? Approved wlCandilions Purchasing User Departmei t: 157,000 ? Denied Risk Mgmt. Current Fiscal Year ? Continued to. Is Funding Source: ACM ? Capital Improvementl Other Advertised: ? Operating: Date: ? other: Attachments: Paper: Submitted by ? Not Required Appropriation Code Contract - Piper Productions Affected Parties: 1[i1-99942 ? Notified ? None City Manager ? Not Required w Printed on recycled paper per ns NO&ICUO 13 Changing the Scerm" 4880 38th Street * Orlanda, Florida • 32811 Phone 4071426-SETS(7387) Fax 407/426.7551 CITY OF CLEARWATER Municpal Services Building 100 South Myrtle Avenue Clearwater, FL 33756 ATTN:.Jeff Harper PH: 813/562-4662 FX: 8131562-4697 AGREEMENT SUPERSEDES # 1813 N°_ 1816 NAGANO, JAPAN CLEARWATERJNAGANO HOSPITALITY CENTER PROJECT' SALESPERSON YOUR ORDER NO. JOB NO. SKW VIA 08120/97 IR V 1099 PPI D DMGNANDPLAMM 0 OONSIRUCrMSEMCES=MOAIXV D EQW1Wi'WZAL TOTAL CONSTRUCTION SERVICES TOTAL RENTAL SERVICES TOTAL TRANSPORTATION SERVICES TOTAL PERSONNEL SERVICES to n1RSONNE L3MCVJM 14,000.00 314,000.00 2,000.00 26,000.00 39,000.00 SUBTOTAL $ 3950000.00 T mble Amount: $ Not A pllcable Sales Tax @ d %: NIA Clknt'tt Florida Resale Number: TOTALDUE: $ 395,000.00 Client agmes to provide payment to Piper Prodttc6ons as follows: Date Artwwt! Du $ DESIGN DEPOSIT (0?=) 79,000.00 DESIGN APPROVAUBEGIN CONSTRUC CON (0/5) $ 79.000.00 FINALWALK-THRU (11.85-97) S 158000.00 SHMENT (11-14-97) $ 27.000.001 MFIN& PAYMNT/67AIW S 39.500.00 Date of Shipment from Piper ......... Date of Retum (of Rental Equipment) .............. TBD Replacement Vaiuo (of Rental Equipment) .............. Security Deposit ....................................$ CaWkala or insurance Please sign and return white and yellow copies to Piper Productiom Client hereby agrees to teams and conditions of agreement as set forth on this page. the reverse side of this page, any exhibits and any addendum identified above. I X Client Signatum Data Person authorized to act on behalf orcllent: Name Whits Copy - Pow Produc"u Yatiow Copy - PPI "od Mwagw Plnk Copy - (Xw4 AGREEME14T TERMS AND CONDITIONS Prpor Productions, Inc. (PPI') agioos to provido, and Client VCliontl agrees to acoopl, the goods and sorvicoa sot forth on the lacy of this Agmemonl and b pay Owl=., D=on or bof,rs tfhe our 0-flen shown. DESIGN AND PLANNIIiO 1. C14" and PPI have aoread upon speefrestfons for the Project, which are sal forth on the lace horool and/or artac hod to this Aorcomont as Exhibit A. 2. AA Waal plane, final plans. and associatod dowmentolon pmwod by PPI will be the solo property of PPI, and will be raiumod to PPI upon demand. CAent will net usa such plans or documentation for any tatngfble thing which Is bawd on such plans or doxrmetiglon) or any scenery or fighting doftaned by PPI except In cmwdion with the Nojaa. Any other t" will rrqutre PPI% prior written approval. and ttW& CONSTRUCTION SERVICES 1. PPI wl1 perform to corxgrtrdton setae es sot forth an the lace hwool and Ax In Exhlbt A [the product of such oonslrualon w 4m will be faferred to In this Agreement as the *Product). 2. Afty taking dolt" of the Product, Client usumo solo raspona Witty kx risk of loss to ft ProduR and no loss or damage to the Product will Impair wiy of Crwd*s obilpalterra horaundar. EOUIPMENT RENTAL 1. PPI agrow to lasso to Cued the Equipment ('Equipment') spad5od an the face hereof and/or In EKNbt A from Data of Shlpmwo From PPI through Dais of Return. z Unless oduxwlso agrood In writing to the contrary. G'wru will malrilaln the Equlpawrd at Its exporka. qw it wttt not attar the Equipment vAhoul obtalnMg PPI's written consent. All appnNad Monotone will became PPI s proporty. 3. For the pwiod during which Client has possacslon of the Equipment and unless Client has contrim3ad for ow s4avicas of qualified operators, shut ansumas the risk of all lots or damago to the Equipnwrt, ertd no such loss or damage will change any of CWA s obligallons hereunder. In the wont of any loss or damage, Citarl will ollhar ptaro the Equlpmont In good condliloo and working order or pay API the roplaconwnt vrshuo of the Equipment. 4. PPI may uw the Security Deposit to curo any dofauh under this Agreement of to components PPI Rv dernago to the Equipment. 5. COW wit return the Equipment at its exper" to PPI el the PPI address ifstahd on the loco of this Iigroomonl. 11 C 49M does not w return the Equipment. PPI may rat C7'wr4`s axparm arrange to haw the Equipment rarrtovod and ratumed to PPI at such address. Cl. Caanl w9I not assign or transfer to any other parson this Agraarwnt or any WwW In the Equipment, or sublet or load the Equipment to any other parson, or parmil the Equipment to be used by anyone athor than Ollont or CSarnh ampioyoas or agaarts. 7. PPI s somptance of the stun of the Equtpntert wpf not constitute it wetvar of cry dolma Wising VA of damepa to the Equlpmtatt. L The Equ{pmerg Is, and vA W all 11mas remain, the sofa and oxcfushe property of PPL Ctkrt w>o keep the Equipment froo from cry marks of Isbatfng which might be Into pretal as a dalm of ownership by try party other than PPL PERSONNEL SERVSCI=S 1. PPI wS provide to tort the Parsarrel Servknea sat forth on the lace hereof sudlbr In Exhlbk A. PPI may ate Its sob disamlon select qualified porsornol to poriorm such sarvsrsa. 2. THE PRICE FOR PERSONNEL SERVICES STATED ON THE FACE HEREOF IS AN EST1AlATE ONLY AND IS BASED UPON CLIENT'S DESCRtPTION OF ITS REOUIREI ANTS, PPI'S ESTIUATE OF THE NUMBER OF PERSONS AND PERSON-HOURS REQUIRED, CURRENTLY ANTICIPATED LABOR RATES, AND ANTICIPATED OVERTIME AND OTHER APPLICABLE LABOR CHARGES. ANY OF THESE ELEMENTS MAY VARY AND SUCH VAITIAICES WILL AFFECT THE PRICE FOR PERSONNEL SERVICES. ESTIMATES ARE BASED ON UNRESTRICTED ACCESS TO THE JOB SITE AND TIMELY PROM M OF ALL NECESSARY St1PIKW SERVICES, CLIENT AGREES TO PAY THE PRICE FOR PERSONNEL SERVICES AS SET FORTH IN THE FINAL INVOICE, WHICH WAY BE HIGHER OR LOWER THAN THE ESTIMATE ON THE FACE HEREOF. MISCELLANEOUS 1. Clam will use the Product atndror the Equipment only for Intended uses and only In co ins dion with the Project. Client va exercise der rare In transporting, IrWolilog, malnlakhing, W" Ing, rltsassamblinf; mid aloring the Product avid lot the Equipmert, cud wlfl use only trained operators who hays been fully Instructed with rosped b such functkxts. Client will Inspect ter Prueuct wWar Equfpnurnl within 72 hours alter baking ddtvwy kereof. and will Inform PPI within DC Pam after lekktg dot vary of any malarial defeat In or objoabns b the Product and/or the Equipment. Unless Client so Informs PPI so the eontrwy, Client will be daemod to have acooplod the Pradoa and/or to Equipment. 2. PPI warrens to Ow Product. upon d&Wwy to Client, wtl be free from molwlaf datects In nmwerlats and woafcrrw Np for a portod of go days from dash". The sob and oulusW romady for broach of the above warmnly wV be as Wows: PPI w!fl ropair or roplaoo, of PP116 dtcc anon any dolactHa oampanort of the Product id no cost to Cllane, Ak4mathrohe, at PPI's dhstretlort, PPI w rotund It* purchaso price of the Product or. ex appropriate. the price of the datoolve comportwt EXCEPT ASSET FORTI4 IN THIS PARAGRAPH. PPI MAKES NO OTHER EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE PRODUCT. THE EOUIPMENT, OR ANY SERVICES RENDERED BY PPI OR ITS EMPLOYEES, AGENTS OR CONTRACTORS HEREUNDER. THE PARTIES AGREE THAT THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER IMPLIED WARRANTIES ARE EXCLUDED FROM THIS TRANSACTION. Any wwmq granted pwsuant so this paragraph will not apply it liter Product has boon aherod or mpolrod by anyone other than PPI, its agents or simptoyeee, without PPit wrtten consent. or K the Product her been blimpory sswribwd. mskitak?ed, oporolod. dhauamWeQ stored, or transported. PPI win not be responsible for ordinary woes and loan to the Product or the Equlpmov, at for any other damage, txtioas+awsed nobly by PPTs nogngart Iris or onisalons. 0. The amount of all applicable colas, use, oxedsa and other was witi be added b the amounts due here undor and will be pald by Client unless Ciont provides PPI with a signed Florida raaala conikWo, or C Product Is shipped out of state by PPL 7. PPI's pafomtancis under this Agreement is abndIllonal upon Client mak(ng all payments cmd deposf:s In it tkmaty mwv w. and upon alert furnishing to PPI. In a ffmoly manrtw, the swelcae, aocass. IndrAloa, acrd equipmorl wt for on the low hwool wxYw Exhlbl A eider the hoes ng 'Giant Resporutbbitlos' PPI may as a condilon to Its own padcrmamce, In ft dhaation and c any lime or Umax, require that OWd ghto sacurty or olhor adaquale atssu rotes of porlormurc4 6. Neither party will be taboo for damages cursed by dolay or lallure to perform twraurder 11 the curse of such delay or lolkxa Is beyond rho portyls control. Such causes will Include Acts or God, public onamy, war. riot, fire. flood, aarthhquaka, storm, accident. Is& of transportation. Inability to oblate tad isles or metartels where no roasonabb sub ethuue are available. labor d+spixes or shortages, suldws, or eny order, judgemont. or sUrAw 4aa7w of cry governmental agency or tribunal. g. Client will comply, all is expense with at kmhvs, crdlrtartcea, files. regulations, and orders or any govommoraal autthortty havtrtg jtxlsdktlon over ttw Project. Cifent will st its expanse obtain at noc ssety gwammental permits w apprwsk. PPI does not warrant that such governawmat pormits or apprwstk are obtak?able. I M Al wnounla past due h orvumder shall boar Woren from the dads due at the maximum nit a allowed by low. In the evart cry fittgaton or controversy whoa out of or In conacWn wth Ctrs Agreamonl between rho parties hereto6 the prmrling party In such kowlon or eontravorry she: be ortifad to recover from the otter party or parties all reasonable sacir wo Mss, axpornas and other sue costs, Including thlow associated with army appalate or post Pxlgomom collection vocoodling. 11. This Agreamort may tat be assigned by Nther party wihout the prior written wMart of the oUw party. This Agroome t Will be btndlW upon The pemttlad successors and assigns o: each party. 12 PPI shell have the rigtt to wbconuact lbw manufacture and suppler of any of the scarhlc elements as i shat, st is sob dkcratloi% dean approprhte to perform Is obllgsilons under this Agreement. PPI she! also have the Aght to assign the monfas der under fide Agreement. other In whelo or In part. 13. This Agreement Arid each of the Exhibits andlor Addondum a.'tarhod hereto ropresarls the entire undarstanding and agrowert between the parties with respect to the subjed mortar hsrool, acct aupersedos all of the nagotladone. undarstartdtngs acid rep waroadons (if arty) made by and between such parties. Nona of the terms or provisions horeal may tie amended. supplanented, wahved or changed orally; but only by a wr%N signed by PPI and dw Clfort when such enbrcemart of any such amendment, supplamany wW ar or moviomlon Is sought Lid mWkg specific reference to this Agnwrnort. This Agreomort shall be ciuvruad and onfoacod i'1 accordance wih the taws of the Sligo OI Ffortda applfcaNa to agroomerft to bar executed std porformed wholly within Bald stele, end shell Inure to the bonalk of and be birdng upon the partias hwreo and VWr hairs. personal representatives, successors and assigns. The pantos further agree theft In any disputa betw"n them roicing to this Agrownced. sxdushvo )akdfction shag be In the trial rouris iocmod wih4m t3ronae any objadlons as I* uisd•Clon or venue in such court bo4hg exprossty muted. it Bihar party brings an salon to rntorm the lams of this Agreamart or so declare rights In rotation to the Equipment, the pro%vAing party In such an actlon wfl recolve romwiable wwrrwy% face as Axed by the eax1, ergs of cAlledkn In add*on b kich other in" eta may be granted 14. Those terms state the agreement betwoan PPI ud front. PPI agroes to provide tits poods end w vt" retained to above only If Chagas woWs Ills axpnus tonne and axwkkxu set forth In this Agrocmort. PPI coraldin prvposa43 for addilonal or dlCarort {ems and conditions m be material and hrorohy rejects such arms and eandhlons. However. such rejection shat not prevent formation at an agroomant on the o0glrol terms and condl ions unleu the proposed forma and =xIllons vary the description, quar0y, pries, or daitt" uhadufe of the goods or sarv5ws. It this Agroamem Is cgnsideted to be an arceplanes of a prior olor by Glens, the. apWpw= Is imi ad 10 exprsse farms and wr dllons eel brth harsh PPI oonshdas addllonal or dllleranl terms and conditions to be malarial and hereby rejancls ouch forms and conditiona. How9vw, this Agreasmerre shat not oporste as a rejection of the Ctlontl offer unto" if Varies fly douzolom, quartky. price, or doNary sfl WuLa of the goods and && ka:ae dasutbad herein. 13. T1hIs Apearryrmt may bar a?xeated by original or freshrtlGe slpnatures, 14 r PIPER 1 1 OW ADDENDUM A 5MMS COW~ This addendum is entered into on this day of 11997, between Piper Productions, Inc. (PPI) and City of Clearwater. A municipal corporation (client). NOW, THEREFORE, the parties agree to amend the agreement as follows: 1. PPI agrees to provide to the Client the construction, professional, consultant and, other services necessary In order to deliver the complete project specified Exhibit A. 2. Client agrees to pay PPI an amount not to exceed $395,000.00 for the complete project specified in Exhibit A. PPI agrees that any changes to the specifications must be agreed to by the Client in writing. 3. PPI shall Invoice Client for all services for the project. Client agrees to pay after approval of its City Manager, or his designee, under the terms of the Florida Prompt Payment Act, Florida Statues 218.70. 4. Deleted from Miscellaneous Paragraph 2 Is, 0...Provided that Client, at its expense ships the Product to PPI's facility at Orlando, Florida. 5. Miscellaneous Paragraph 3 will entirely be replaced with: "PPI agrees to purchase a performance and payment bond Issued by a surely licensed to do business In Florida in any amount of at least $395,000.00" 6.' Miscellaneous Paragraph 4 will entirely be replaced with: "Each party agrees to indemnify and hold the other party harmless from and against all liabilities and costs, Including reasonable attorneys fees, arising out of the negligence of the said party to the extent permitted by law. The Client's liability in this regard is limited by Section 768.28, Florida Statutes because client is a Florida municipality." 7. Miscellaneous Paragraph 5 will entirely be replaced with: "Client will maintain the insurance coverages shown on Exhibit B attached hereto and made a part hereof, together with any other insurance coverage deemed prudent by Client. In addition, PPI Will be legally and financially responsible for and carry Insurance in an amount of at least $395,000.00, or such larger sum as PPI deems necessary, to insure at all times, and from all hazards, the display or product it is producing for Client while said display or product Is located In its studios in Orlando, Florida, or while the same is in actual transit to Nagano, Japan, and until such time as the display or product is actually set up on location in Nagano, Japan. After such display or product is actually set up on location In Nagano, Japan, and turned over to city personnel and/or representatives, it will then become the financial and legal responsibility of the Client". 8. In Miscellaneous Paragraph 13, 'Orange County, Florida", will be replaced with "Pinellas County, Florida`. 9. PPI agrees not to discriminate against any employee in the performance of this agreement because of race, creed, color, handicap, national origin, or sex. 4 5 60 36TH S T R E ET. 0RLAH00. F L0 R 1 0 A 32611.407 426 736 7 +FAX 4 26 1 66 1 ., .°j'. , . , , '?"fi'tai.?y".?Sr.'r?Y;?,kl7??;k?niYen7,•`°k,134::;'f.r r?-?;c-.t ?..'+.•.?r.s:•, . ,?'_ .. .. _ , 10, All other provisions of the agreement shalt remain in full force and effect. IN WITNESS WHEREOF, Piper Productions, Inc, and the City of Clearwater have executed this agreement on the date first above written. PIPER PRODUCTIONS, INC. By: 4J1.?LV its: V .Sa , Countersigned: CITY OF CLEARWATER, FLORIDA By: Rita Garvey Michael J. Roberto Mayor-Commissioner City Manager Approved as to form: Attest: Pamela K. Akin Cynthia E. Goudeau City Attomey City Clerk i»?rafy iM,rxr .t.a.. :uau?,o..rai,..?......... _ .. .. .. ,.».,..,...? ..?.... - - .. _...- Exhibit A Scope of Service for Piper Productions Piper Productions will design, construct, install and strike a multidimensional Hospitality Center Pavilion which will showcase Clearwater and Florida tourism, economic development, environmental and International friendship elements within the Tokyu Department Store 3000 square foot space. The Center as designed and constructed by Piper Productions will Include at a minimum interactive environments, walk through textured scenery of Florida nature trails and sunset beach scenes. The City of Clearwater has engaged Piper Productions to design, fabricate, construct, ship, Install and disassemble/strike 'and return ship, components of a Hospitality Center Pavilion to be housed at the Tokyu Department Store in Nagano, Japan January 31-February 22, 1998. Piper Productions will prepare production schedules to meet the timeline of installation of the Center which begins January 27, 1998 to be completed by 10:00 a.m. January 31, 1998. • August 20 - Piper Productions will provide preliminary designs to the City. • September 15 - Final designs and graphics approvals to the City. • September 15 - Shipment of the Exhibit to Nagano will be determined in accordance to the final production schedule due to the City of Clearwater, • October 15 -Technical drawings and blueprints specific to the installation of all components will be completed. '`• CITY OF C LEARWATE R 4: Posy Oma Box 4748, CuAxwAm, FtounA 346184748 MumarAL UmcES BuLmNG, 100 Soum MranE AwNUE. CImuATE& FwFuOA 4.1616 • ''EIEPIIOAre (813) 5624650 FAx (813) 5624659 F~clz DPP rmwT ' EXHIBIT B RISK MANAGEMENT DIY: w Current date To Whom It May Concern: Please accept this letter as certification that the City of Clearwater is self-insured for workers' compensation, liability, and property damage with. excess coverage as shown below. The City has been qualified by the State of Florida as a self-insured municipal government. Our State Self-Insured Audit Humber is 9173. The City' a, insurance coverage and limits are as follows: 1. Auto Liabilit General Liability,--Police Professional Liabilit and PuSTIc Officials Liability:. $100,000 per person, $200,000 per occurrence, self-insured retention, with statutory limits per Chapter 768.28, Florida Statutes. $5,000,000 Excess with self-insured retention of $500.000 with Ranger Insurance Company, effective 10/01/96 for the policy period 10101196 through 09/30/97. 2. Workers' Compensation: $500,000 per occurrence self-insured retention; statutory per occurrence excess with Ranger Insurance Company, effective 10/01/96 for the policy period 10/01/96 through 09/30/97. 3. Building, Contents and Pro pert $70,000,000 less $250,000 self-insured retention per occurrence. Sincerely, Leo W. Schrader, Esq. Risk Manager LWS/vbd 'EQUAL E4n,4YMENT AND AmRMxrtva: AcnoK E%inoyW ti. l SUBJECT: Clearwater City Commission Agenda Cover Memorandum CLEARWATER/NAGANO HOSPITALITY CENTER TECHNOLOGY CONTRACT ?3 Item 11: ? Meeting (late: , 8/21197 RECOMMENDATION/MOTION: Award a Contract to Silver Image Interactive, Inc. to design and install the technology component (including hardware) of the Clearwater/Nagano Hospitality Center in an Amount not to Exceed $35,000 © and that the appropriate officials be authorized to execute same. BACKGROUND: • In July, 1997, the City of Clearwater was awarded a grant from the State of Florida in the amount of $750,000 to fund the Clearwater/Nagano Hospitality Center during the 1998 Winter Olympics in Nagano, Japan. Silver Image Interactive, Inc. has been selected to provide the technology component for this project. This component will provide interactive kiosks in the Hospitality Center. These kiosks will provide a visitor to the Center an opportunity to input demographic information and request vacation information. Reports will be generated based on the information input to the kiosks. The kiosks will be in Japanese, French and English. Silver Image developed the information kiosks which provide Clearwater information to citizens and visitors. The innovative and entertaining approaches used by Silver Image in these kiosks have been fun to view, as well as informative. As stated in the agenda item in which the City Commission approved acceptance of the State of Florida grant, this project has a very short time frame. The City Manager has certified to the purchasing agent that an emergency exists in regard to the purchase of commodities and services for the project and that a delay incident to giving opportunity for competitive bidding would be detrimental to the interest of the City. • Therefore, it has been determined that it is impractical to bid for the technology component and related services for this project. Reviewed by: Originating Department: Costs: Commission Action: Legal e- Information Manag ent 35,000 ? Approved Budget Total ? Approved wlConditions Purchasing User Department: 35,000 ? Denied Risk Mgmt. l"r.6 Information Management Current Fiscal Year ? Continued to: is Funding Source: ACM ? Capital Improvement: other Advertised: ? Operaling: Date: ? Other: Attachments: Paper: Submitted by: ? Not Required Appropriation Code Contract - Silver Image Interactive Affected Parties: 181.99942 ? Notified ? None City Manager 0 Not Required Printed on recycled paper Interactive Multimedia Production Agreement for The City of Clearwater THIS AGREEMENT is entered into as of this day of ^? ? 1997, between Silver Image Interactive, Inc. ("Silver Image") and the City of Clearwater ("The City"). The parties agree as follows: L Services Silver Image hereby agrees to prepare for and supply to The City the following interactive program and corresponding equipment for the Nagano Exhibit ("DaWSweepstake System") for use by The City. The "Data/Sweepstake System" has the following components and requirements: ? DATA/ SWEEPSTAKE PROGRAM Silver Image will provide the software program having the following features and capabilities: • ATTRACT promotes the use of the kiosk with images from Florida attractions and a sweepstake enticement • GENERAL INFORMATION assists the users of the system and explains the process to complete demographic information, enter the drawing and how to request vacation information • RESPONSE FORM allows user input, modification and save to the system for retrieval • DATA BASE COLLECTION captures input and saves data to hard drive • REPORT GENERATOR allows access to all files, prints out daily basis requests for more vacation information • RANDOM NUMBER GENERATOR/WINNER SELECTION selects daily sweepstakes winner • OPERATIONAL MANUAL assists maintainers in how to use the system The City will provide and make available to Silver Image the following elements: • AUDIO TRACKS (approximately two minutes) in Japanese and French using naming conventions provided in either AN files or audio cassette • IMAGES to use in ATTRACT (20) provided as photo prints, 35mm slides or PhotoCD • QUESTIONAIRE as text pages and TITLES in Japanese and French provided in PICT file format BUDGET FOR DATA /SWEEPSTAKE PROGRAM ............ $7,500 S1jvcr,r lmcaC;,a, Ir1?c?rGG?.IVrL fr-ir,-, Page 1 F1, r 4 EQUIPMENT for DATA/SWEEPSTAKE kiosks will be purchased by Silver Image. The equipment will accommodate two Japanese kiosks, one French, one English and one host com- puter system which is used for administration of information retrieved from public kiosks. The equipment requirements are as follows: Response/Survey Systenns-Japanese *COMPUTER SUB SYSTEM • 604e PowerPC processor/180Mhz • 32 Megabyte of random access memory • 2 Gigabyte hard drive • 12 Speed CD-ROM drive • Computer mouse • Computer keyboard • Audio amplifier • Audio.speakers (2) • 17' monitor with MicroTouch touch screen • MAC to VGA video adapter • ADB - Y adapter for monitor/keyboard • 2 fans • Shipping to Clearwater • UPS back-up/Conditioner • Japanese Language Kit • Japanese Keyboard Budget $4,595.00 Unpacking, integration and testing in Clearwater (2hrs) per module $140.00 Subtotal for Response Survey Module (Japanese) ..... $4,735.00 Total for two Response Survey Modules (Japanese) Response/Survey Systems- French and English Languages Budget per module •Computer sub system • 604e PowerPC processor/180Mhz • 32 Megabyte of random access memory Silver Ir~nca?;,? Ir-?t. roct_ty fr-». Page 2 ..... $9,47100 • 2 Gigabyte hard drive • 12 Speed CD-ROM drive • Computer mouse • Computer keyboard • Audio amplifier • Audio speakers (2) • UPS backup/Conditioner + 1T' monitor w/MicroTouch touch screen • MAC to VGA video adapter • ADB - Y adapter for monitor/keyboard • 2 fans • Shipping to Clearwater Budget $4,300.00 each system (French and English) Unpacking, integration and testing in Clearwater (2hrs) per module $140.00 Subtotal for Response Survey Module ..... $4,440.00 TOTAL for 1st Response Survey Modules (French & English) Response/Survey Host System ..... $8,580.00 *COMPUTER SUBSYSTEM 604e PowerPC processor/180Mhz • 32 Megabyte of random access memory • 2 Gigabyte hard drive • 12 Speed CD-ROM drive • Computer mouse + Computer keyboard • 1T' monitor w MicroTouch touch screen(use as emergency back up for other monitors) • MAC to VGA video adapter • ADB - Y adapter for monitor/keyboard • UPS Back-UP/Conditioner Shipping to Clearwater • Japanese Language Kit Budget $4,055.00 Unpacking, integration and testing in Clearwater (2hrs) per module $140.00 ToVil for Response Survey Host ... . . Equipment for Data/Sweepstake kiosks (includes four stations and one administrative host) TOTALS .. ... $4,195.00 $22,545.00 Silver ?mc?? Irtitrrrcac.?vr? lrtic. Page 3 2. Designated Liaison Personnel In order to maintain consistency and account familiarity, Silver Image will assign David Rosenblatt as the primary liaison between The City and Silver Image. The City will designate one employee as a primary contact between Silver Image staff and The City. The City will also designate one employee per major project area as a primary contact within that area. 3. Payment Terms The budget for the "Data/Sweepstake System" which comprises the software program and the computer equipment for the four kiosks and one host is $30,045. The City agrees to pay Silver Image the sum of $22,545.00 for the Equipment within 10 days of receiving the equipment from Silver Image. The City agrees to pay Silver Image the sum of $7,500.00 for the Data/Sweepstake Program in the following manner: • 30% ($2,250.00) within 10 working days of the signing of this contract Deliverables included are: • Subject treatment • 30% ($2,250.00) upon completion of Pre-Production (segment 1) Deliverables included are: • Detail design document • Program script • 20% ($1,500.00) upon completion of Production (segment 2) Deliverables included are: • Digitized photographic images • Finished digital audio tracks • Finished graphic designs and images • 10% ($750.00) upon completion of Authoring and Testing(segment 3) Deliverables included are: • CD-ROM version of the Data/Sweepstake Program • 10% ($750.00) upon completion of transferring programs to each computer hard drive and providing operational manual on "Data/Sweepstake System" Deliverables included are: Sllvcz,r Irr-sc=?C;ocz. Ir?t?rcact.iv2 I??. Page 4 • Operational manual • Programming on each hard drive (4 computer kiosks ) Payment is due as specified above. Failure to pay any amount due under this Agreement within45 days of its due date is a material breach of this Agreement. All production will cease until back pay- ment is made. Silver Image's obligation to provide the "Data/Sweepstake System" under this Agreement is expressly conditioned upon prompt payment amounts due. 4. Project Timelines Silver Image will begin the Pre-Production phase within 10 working days of receipt of initial project deposit. The "Data/Sweepstake System" will be given to The City by December 15, 1997, contingent upon all receivables being provided on time to Silver Image by The City as outlined in the timeline (See Attachment 1). S. Project Changes The City may request changes to the scope of the "Data/Sweepstake System" by written project change request to Silver Image specifying the desired changes. All changes to agreed upon work must be made in writing to Silver Image. The change will be discussed and repercussions on the schedule will be noted in writing. Once accepted, the change will become part of the original docu- ment. All changes must include the description of work and the signature of requester. Silver Image will submit to The City time and cost estimates for such changes. Silver Image will also estimate any anticipated delays in implementing any existing agreed to services resulting from the changes. If accepted in writing by The City, Silver Image shall perform such changes subject to the time and cost estimates and any implementation schedule changes. Negotiations with respect to changes, or the failure to timely agree, shall have no effect upon The City's obligation to timely pay for the "Data/Sweepstake System" being provided to The City pursuant to this agreement. 6. Limited Warranty (a) Services. Silver Image represents and warrants to The City that the "Data/Sweepstake System" is original to the best of Silver Image's knowledge and that the "Data/Sweepstake System" does not violate or infringe any copyright, trademark, patent, statutory, common law, or proprietary rights of others, or contain anything libelous. A copy of each such permission is to be furnished to The City. (b) Items for Which Silver Image is Not Liable. (1) As the "Data/Sweepstake System" is a stand alone information system and not con- nected to The City's on-line network, under no circumstances is Silver Image liable for loss of, or damage to, the city records or data. ad%/c,r fr-ncIycz, fr?t.?rcact??vc lir-?c. Page 5 (2) Silver Image is not responsible for hardware, systems or network software or applica- tions software that does not perform in accordance with the manufacturers' or developers' specifications. Silver Image's only obligation is to use its expertise to the best of its ability to assist The City in solving such problems. (3) SILVER IMAGE SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGA- TIONS UNDER THIS AGREEMENT FOR CONSEQUENTIAL, EXEMPLARY OR INCI- DENTAL DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBrUMN OF SUCH DAMAGES. Except personal injury, Silver Image's liability is limited to the actual damages incurred by The City caused solely by the acts or omissions of Silver Image, subject to a maximum liability in the amount The City is obligated to pay to Silver Image under this Agreement NO LIMITATION AS TO DAMAGES FOR PERSONAL INJURY IS INTENDED. (c) THE WARRANTIES SET FORTH ABOVE ARE EXCLUSIVE. NO OTHER WARRANTY, WHETHER WRITT EN OR ORAL, IS EXPRESSED OR IMPLIED. SILVER IMAGE SPECIFI- CALLY DISCLAM THE IMFLMD WARRANTIES OF MERCHANTABILITY AND FTnNESS FOR PARTICULAR PURPOSE. THE REMEDIES PROVIDED HEREIN ARE THE CITY'S SOLE AND EXCLUSIVE REMEDIES. 7. City Acknowledgments (a) Silver Image marketing rights. The City hereby allows Silver Image the right to copy, show, demonstrate and present the "Data/Sweepstake System" as a demonstration of Silver Image's design and production capability. (b) Internal Usage of System. The City acknowledges to Silver Image that The City will copy and use the "Data/Sweepstake System" for The City only and that The City will not distrib- ute copies of the 'Data/Sweepstake System" except for official City of Clearwater use unless required by the Florida public records statutes. 8. Hold harmless Silver Image agrees that all persons working under the contract are their employees, and they agree to save and hold harmless and indemnify The City against any and all claims made by their employ- ees, or any other parties making any claims or who may make claims against the city arising out of any acts by employees, agents or servants of Silver Image, including acts of negligence, or any other type of claim brought against The City. SIIVmr lmo?¢. Ir~st,ra?tivc? 1r-wc.. Page 6 9. Insurance Silver Image maintains a corporate insurance policy with The Cincinnati Insurance Company through John Connelly Insurance, Clearwater, for Comprehensive General Liability in the amount of $300,000. 10. Notice Any notice under this agreement shall be mailed by certified mail to the recipient at its current address. Notification addresses may be changed by notice. 11. Waiver No waiver shall be deemed to have been made by any of the parties unless expressed in writing and signed by the waiving Party. 12. Force Majeure Silver Image is not liable for any failure or delay in furnishing the "Data/Sweepstake System" resulting from circumstance beyond Silver Image's control including but not limited to fire, explo- sion, flood, storm, hurricane, governmental acts, orders or regulations, hostilities, civil disturbance, strike, labor difficulties, transportation delays of carriers or product unavailability due to excessive demand upon manufacturers, developers or suppliers. 13. Law (a) State Law. This Agreement shall be governed by the Laws of the State of Florida. (b) Attorneys' Fees. In the event of a dispute or if litigation proceedings are instituted by any one or more of the parties hereto, the prevailing party to said litigation shall be entitled to reim- bursement for reasonable attorneys' fees and costs incurred in connection with said litigation procedure. For purposes of this Section, the term "Attorneys' Fees and Costs" shall include, without limitation, the actual attorney fees incurred in retaining counsel for advice, suit, appeal or any other legal proceedings. 14. Entire Agreement THIS AGREEMENT STATES SILVER IMAGE'S ENTIRE OBLIGATION IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT. NO TERM OR PROVISION OF THIS AGREE- MENT MAY BE AMENDED, ALTERED, WANED, DISCHARGED OR TERMINATED, EXCEPT BY WRITTEN INSTRUMENT SIGNED BY THE PARTIES. In the event that The City issues a purchase order or other document containing any provision contrary to a provision of this Agreement, it is specifically agreed that same is for internal purposes and no term or condition stated in such docu- ment shall have any force or effect. Si1vQ.r 1rno?? 1r^?t.crc????vm Jr--1c:.. Pry z ..i.,';'`, ??Ilir;`l?i•;;?y??, r''?1,i"?^?effi'°t.1???.rMf.e<3,?«°)?(r,=tyv•,(r,l ,?'i°:'.?S'w7?`•:r? ..,„, .?P-?..,. , SILVER IMAGE INTERACTIVE, INC. THE CITY OF CLEARWATER Town Centre 573 South Duncan Avenue Clearwater, FL 33756 B . By: (Sigttatvre) David Rosenblatt (Signature) President (Title) (Title) 3 ,1997 11997 ate} (Date) i S?Ivr?r Ir'x-?ca?cT. Ir1t??rc=3C=A- vQ Ir-tc=. Paga 8 , ATTACHMENT 1 DATA/SWEEPSTAKE PROGRAM DATE ACTIVITY Week of Sept 1 Content meeting for one interactive program. Includes determining (or before) types of images needed and discussion of timeline for receivables and deliverables. Data input criteria for Data Program is made available to Silver Image by The City. September 12 Reatment produced by Silver Image. Sept 8-0,ct 10 Sources for images contacted by The City and materials sent to Silver Image. Images can be provided as photo prints, 35mm slides and/or as PhotoCD images. September 19 Interactive script completed for Data/Sweepstake Program by Silver Image. September 26 Script approved by City. October 3 Equipment purchased and delivered to The City by Silver Image. Silver Image will retain two units on which to test the product during development. October 3 The City makes a complete unit of equipment available to exhibit vendor, Piper Productions, to use in manufacturing kiosks. October 3 Script ready for narrators. Text portions and narration in script blocked by Silver Image. The script will be provided to The City for translations into Japanese and French Script will have naming conventions for translators to enable accurate matching of image/text pages to correct portions of script. October 10 - Images digitized and sized for program screens by Silver Image. November 7 Graphic backgrounds developed and produced by Silver Image. Custom programming for final product continues. Wk of Oct 13 English narration recorded and music selection made and digitized by Silver Image. November 3 Audio and text translations provided to Silver Image from The City. Audio in French and Japanese provided in either ATF files (22kHz) or audio cassette (metal tape, Dolby at standard or high speed). z '!-`: 5;., u.t .Sr .an e. ,. r.ax t:•#'! .. ... h. .r .. .. ... ..._.. _ .... .. • Text for screens in scan-ready graphic format or Macintosh Photoshop files provided in French and Japanese languages. Nov 3 - Dec 1 Authoring of programs, includes synchronization of audio, music, images in all languages and text formats and development of data collection programs. Dec 1-12 Testing of program by Silver Image. December 15 Software for program completed and provided in CD-ROM format (2 copies) and transferred to hard drives of Macintosh computers by Silver Image. December 22 Operational manuals for each system provided by Silver Image. r • i Clearwater City Commission Agenda Cover Memorandum Item #: Meeting Date: - a4.. - 71 SUBJECT: Alcoholic Beverages at the 1997 Men's Major Fastpitch National Championships RECOMMENDATIONWOTION: Approve the 1997 Men's Major Fastpitch National Championships on August 30, 1997 through September 6, 1997 at Clearwater Bomber Stadium as a special event at which alcoholic beverages can be sold. I@ and that the appropriate officials be authorized to execute same. BACKGROUND: The Parks and Recreation Department, Amateur Softball Association Pinellas Suncoast Metro and Tampa Bay Smokers will host the 1997 Men's Major Fastpitch National Championships at Clearwater Bomber Stadium from August 30 through September 6, 1997. The right to host this tournament was obtained through a formal bid procedure of the ASA (Amateur Softball Association). The Pinellas Suncoast Metro and the Smokers guaranteed a cash bid of $15,000 plus other tournament costs and the City agreed to provide Bomber Stadium plus in-kind groundskeeper and facility services. A condition of the bid award was that the City Commission would at least be asked for permission to sell beer at the tournament. The committee is requesting the right to sell beer at the tournament to help defray tournament cost (estimated at $37,000) and allow the opportunity to obtain a corporate sponsor for the event. The alcoholic beverage license will be under the Tampa Bay Smokers, which is a 501C3 non-profit organization. The Smokers have paid the initial $15,000 to the ASA. They hope up to $7,500 of their bid money will be returned to them after all other tournament costs have been paid. The beer concession will be operated by volunteers and fans from the Smokers and Bombers. Proceeds will go into the tournament fund. Funds not needed for this year's event will rollover to assist with future national tournaments. The Special Events Committee has recommended approval of this request subject to it being approved by the City Commission and satisfying all other requirements of the Code. These requirements will include having a non- alcohol seating area and the applicants paying for all additional costs of police and other City Services attributable to the sale/consumption of alcoholic beverages. It is anticipated the number of people staying in Clearwater with the 22 out of state teams will average 32 people per team. This includes players, sponsors, managers and family members. The minimum number of nights each team will stay is eight. The tournament is also expected to attract 300-400 fast pitch fans and ASA officials from around the country. The direct economic impact to the Clearwater area is estimated at over $650,000. Reviewed by: Originating Department: Costs: Commission Action: legal NA ? Approved Budget Total ? Approved wlConditions Purchasing User Department: ? Denied Risk Mgmt. Current Fiscal Year ? Continued to: 15 Funding Source: ACM ? Capital Improvernenti Other NA Advertised: ? Operating: Date: ? Other. Attachments: Paper: Submitted by: ? Not Required Appropriation Code m ? Affected Parties: 7 ? & ? Notified ? None City Manager Not Required 0i Printed on recycled paper yea; .. b.? . a 04 :. ater U Interoffice Correspondence Sheet To: Michael Roberto, City Manager From: Ream Wilson, Director, Parks and Recreation CC: Kathy Rice, Deputy City Manager Special Events Committee Members (See List • Memo Only) Date: August 4, 1997 - RE: Request for Alcoholic Beverages at Special Event On January 23, 1997, the City Commission adopted Ordinance No. 6118-97 which allows the sale and consumption of alcoholic beverages during special events. A "Fact Sheet" is attached showing the highlights of this ordinance. One requirement is that each application for an alcoholic beverage permit must be reviewed by the City's Special Events Committee with the committee making a recommendation to the City Manager. For events that are not already co-sponsored by the City Commission, the pending application must go forward to the City Commission for consideration and for designation as being "co-sponsored by the City". Our first application is attached for your consideration and for that of the City Commission. The application is submitted by the Tampa Bay Smokers and the Amateur Softball Association (ASA) relating to Clearwater hosting the 1997 Men's Major Fastpitch National Championships on August 30 through September 6, 1997 at Clearwater Bomber Stadium. A cover memorandum from Terry Schmidt, our Senior Recreation Supervisor, is also attached providing some information regarding this tournament. In accord with Ordinance No. 6118-97, a meeting of the City's Special Events Committee was held on Friday, August 1, 1997, on the third floor of City Hall. The committee reviewed the application and found it to be in compliance with provisions of the Ordinance. The committee recommends approval conditioned on the following items being satisfied prior to the event: 1. The event must be approved and "co-sponsored" by the City Commission. Since the tournament starts on Saturday, August 30, we would request that this item be taken to the City Commission at the regular Commission meeting scheduled for Thursday, August 21. Hopefully, this could be done under "Other City Manager Reports". If approved by the City Commission, the applicant must then satisfy the following additional requirements: 2. Applicant must provide documentation of State Alcoholic Beverage License. 3. Applicant must provide general liability and other insurance as required by State Statutes regarding the state and/or consumption of alcoholic beverages. 4. Applicant must obtain all necessary Federal, State and local permits to engage in sales and/or consumption activity. 15. Applicant must arrange and pay for all additional costs of police and other City services attributable to the sale/consumption of alcoholic beverages. y s ?. t 1 ,iP;?if'. ??:?'••! '?x?i'tLt?.:.,,.:.s .trt f.•F.; '!. .. .. ., ,o 'We. Michael Roberto, City Manager August 4, 1997 Page 2 6. Application must be signed by an authorized representative of the applicant, the Tampa ' Bay Smokers. For your information, Special Event Committee members attending the meeting of Friday, August 1, included Leslie Dougall-Sides (Assistant City Attorney), Bill Held (Harbormaster), Bob Rapp (Lieutenant with the Clearwater Police Department), Leo Schrader (Risk Manager), Jean Sherry (Director of Tourism), Lisa Hall (Supervisor with Special Events), and myself. Your assistance In this matter is appreciated and please let me know if you have any questions or desire further information. RW/bd Attachments CC: Steve Doherty, Central Permitting Barry Strafacci, Harborview Center Leslie Dougall-Sides, Legal Bill Held, Marine Terry Schmidt, Parks and Recreation Lisa Hall, Parks and Recreation Lt. Bob Repp, Police Leo Schrader, Risk Management Jean Sherry, Tourism Tracey Bruch, Traffic Engineering I PsiksWdown*%RW%Rob%rto &i v ~ •t r? O I? V N? Interoffice Correspondence Sheet To: Ream Wilson, Director of Parks & Recreation From: Terry Schmidt, Senior Recreation Supervisor CC: Steve Miller, Art Kader Date: July 28, 1997 RE: ASA NATIONAL TOURNAMENT As you are aware, the City of Clearwater Parks & Recreation Department in Co- sponsorship with the Amateur Softball Association Pinellas Suncoast Metro and the Tampa Bay Smokers will be hosting the 1997 Men's Major Fastpitch National Championships August 30`" - September 60' of this year at Somber Stadium. The Men's Major Fastpitch division is the top division of all mans softball played in the United States. If Men's Fastpitch Softball were an Olympic Sport or had a professional league, this is the division of from which the players would be recruited from. This is the same tournament that the Clearwater Bombers and the City of Clearwater hosted six times in the 60's & 70's at Jack Russell Stadium. The right to host this tournament was obtained through a formal bid procedure and presentation against competing cities culminated with a winning ASA council vote at the 1995 ASA National meeting. The Pinellas Suncoast Metro and the Tampa Bay Smokers guaranteed a cash bid of $15,000 plus other tournament costs and City agreed to provide Bomber Stadium plus in-kind groundskeeper and facility services. The number of people coming to and staying in Clearwater with the 22 out of state teams will average 32 people per team, which includes players, sponsors, managers and family members. The minimum number of nights each team will stay in town is eight. This tournament will also attract over 300-400 fastpitch fans and ASA officials from around the country. The estimated direct economic impact from this tournament to the Clearwater area is over $650,000. The tournament committee is requesting the right to sell beer at this National Softball Tournament for the following reasons. 1. To help to defray tournament costs estimated at 537,000 and provide any excess funds to rollover to assist with next years International Softball Congress World Tournament (48 teams) which will be held in Clearwater. 2. At the time the bid was presented two years ago at the ASA National Council Meeting, ASA officials asked if beer would be allowed to be sold at tournament. ASA was told that at the current time the City did not allow alcohol sales. it was brought up by the ASA that at all previous National Mons Major Tournaments (including the 6 previous held in Clearwater in the 60's & 70's) beer was sold at the tournaments and not having a beer garden at the tournament would be .r r ? ? • • • .. ?• . • • • .• • •• • ? . r.+.•r•? r•y. ?• • rr•••••-w •.••rr ••+r auy• •. ••a rr. •q•1.. .....Ir.+r?au•?.•lr.??w.w r?+.d•? rrr••r•.:7.rM r?M •1 .1•r•. ?r•r •.r •r•• I . r a•.• • •• • . •. ••• • • •r• • • •a• ••• • r ? unusual for an adult championship tournament. The ASA ultimately awarded Clearwater the tournament under the condition that a request to allow beer sales at the tournament would at least be asked of the Clearwater City Commission. 3. The opportunity to possibly obtain a Corporate Beer sponsor for the event, The alcohol license for the tournament would be under the Tampa Bay Smokers name, The Smokers are a 501C3 non-profit organization. The Smokers also have fronted and paid the initial $15,000 bid money.to the ASA. They hope to receive some portion (up to $7,500) of their bid money returned to them after all other tournament costs have been paid. The beer concession will be operated by volunteers and fans from the 2 host teams (Smokers & Bombers). Proceeds from the sales will go into the tournament fund. All requirements of the City of Clearwater's Alcohol ordinance will be met. ALCOHOLIC BEVERAGES 1 SPECIAL EVENTS FACT SHEET On January 23, 1997, the City Commission adopted Ordinance No. 6118-97 allowing the sale and consumption of alcoholic beverages during special events. Pertinent facts relating to this ordinance include the following: • Applicant must complete a special event application and receive a permit to conduct a special event. • If applicant desires to sell or to have alcoholic beverages consumed at the special event, a separate application must be submitted and approved. Applications are available at the Parks & Recreation Department, 562-4800. • Application must be filed at least 15 (preferably 30) days prior to event. • Applicant must provide a diagram depicting secured areas of beverage sales/consumption. • Events shall have a non-alcohol section where sales or consumption is not permitted. • Applicant must provide documentation of State Alcoholic Beverage License. • Applicant must be a registered non-profit organization with the State of Florida. • Applicant must provide general liability and other imsurance.as required by State Statutes regarding the sale and/or consumption of alcoholic beverages. • Only beer and/or wine may be served. Alcohol must be served in clear plastic containers only. o Applicant must obtain all necessary Federal, State and local permits to engage in sales and/or consumption activity. • Applicant must comply with all ordinances associated with permitting of special events on public property. • Applicant must pay all additional costs of Police and other City services attributable to the sales/consumption of alcoholic beverages. • Applications for alcoholic beverages at special events are reviewed by the City's special events committee. Said committee makes recommendation to the City Manager. • In order for alcoholic beverages to be consumed or sold at any special event, the event must be designated as "co-sponsored" by the City Commission. If an event already has this designation and is listed as such in the City's "Annual Operating and Capital Budget", the City's Special Events Committee reviews the application and makes final decision as to approval or denial based on all other requirements being satisfied. All other events must satisfy all requirements of the ordinance and receive separate approval of co-sponsorship from the City Commission. .?.. _........:.?....... _.. ...., .. , .. ... . . 7-7. W ° y_ °CITY OF CLEARWATER r tam er ALCOHOLIC BEVERAGES SPECIAL EVENT APPLICATION PRIOR TO HUNG: A general special events application (attached) must be submitted prior to or simultaneous with this application for alcoholic beverages. DEADUNE; According to City Ordinance, the application must be filed not less then fifteen (15) days prior to the proposed event. However, to ensure proper ptvicessing, we strong)y suggest filing a minimum of thirty (30) days prior to the proposed event t HAVE A'I`f MED'T E ELL,OWING DOCUMENTS: d A detailed diagram of the event. (Check one of the three following formats): 0 We will fence entire event venue. (Pkxt indicate the foflaaind on a umxr neap.) A-ho 5 v," f1 A[ r 1. Perimeter fencing with dashes ----------- 2. Entrances into venue 3. Where alcohol will be sold with 'Ws" X 4. Designated non-alcohol seating area(s) with a circle O 0 We w81 restrict our sales/consumption and reception/hospitality areas to confined locations in the event ura. (Please indicate areas by drawing boxes around the area(s) on venue map-) ? We welt only have alcohol for reception/hospitality purposes and will not be selling alcohol at the event. State alcoholic beverage license NOT required. (Please indicate area of reception/hospitality by drawing a box on venue nap.) la Current, STATE issued, non-profit status certificate. May be abtained by contacting the State Department of New Filing (904) 487-6052. Oiarter & Applicant must be identical. • Upon conditional approval of the City of Oeuwater, I will provide proof of insurance as required under Secdon 22.82 (q), (Special Event Ordinance), r Upon conditional approval of the City of Clearwater, I well obtain all necessuy federal, state, and local perrnits/licenses to engage in the proposed sales and/or consumption activity, and mill pro ide_ e conT of my state alcoholic beverage license to the City of Clearwater prior to event. Applicant must obtain approval for alcoholic beverage licensing from the State Division of Alcoholic Beverages and Tobacco, 2189 O3eveland Street, Suite #266, OearWater, 34625. Phone: 469.5930. Licensing will require a separate application from the State, (see attached.) • The hours of sale must comply with provisions of Clearwater City Code, which states that alcohol rosy only be served and consumed on the premises between the hours of 8:00 a.m. - 2:00 a.m. Monday - Saturday, and 1:00 p.m. - 2:00 a.m, on Sunday. • Alcoholic beverages roust be served in clear plastic containers only. No cans or glass containers. • I will pay A additional costs of police and other city services attributable to the sale or consumption of alcoholic beverages during the activity. • The Ocuwater Police Departnxnt reserves the right to shut down all alcohol sales and consumption if 211 rules utd ordinances uc not followed, • 1 will provide personnel to assure compliance ith state and local alcoholic beverage consumption requirements. signature / -r"tI.A,ht..T Comm ,r ./?A CIAw.PJr.llt 4 APPLICANT: 1f4MLA SM_oLE7 s o- 7-NC, (Must be a Won-Profit Orpni:adon) CHARTER NUMBERS ijvDooo 9e (MUST attach copy of currant, STATE issued, non-profit status certificate -- Charter ar Applicant must be identical) ADDRESS 42-0-2- CW- ;e RaAP IAA,elb 1`Go a ,+ 3311P Y Street City' Zip t,ej*WroMC-t'- Ar'A r*,%0% rC*re CONTACT PERSON -TN ,lM HONE SGT. veer NAME OF EVENT J tCW-V M4-;r--,4 ' WAVOPA! J062f G My,C?;±,, ?.._.?. LOCATION OF EVENT DESCRII''I-ION OF EVENT Su tL 7!? &A a Y7* :ZfV !-cA vi,, L 2 S ' i DATES} REQUESTED: W4 - e l 9 9 TYPE OF PERMISSION REQUESTM (Check all that apply}: IN Complimentary alcoholic beverages to be served at a reception/hospitality. (No state liquor license required.) * Alcoholic beverages to be individually soil. (State liquor license required.) * Alcoholic beverages distributed as put of an adrnission/entry fee. (State liquor license required) CLASSIFICATION: la ODP-I-COP: On premises sale of beer only 4 ODP-2-COP: On-premises sale of beer and wine I am aware of and will abide by ag State offk da and local signior law; and will hold 1hr City harmkttJorany inadcntr arising from the consumption of aknboCc bewner doling lhir function. I ham rrct m4 rra4 acrd will romply with a# pmdriont of Gty Ordinance No. 6118.97, which relater to rakr and ronrumption of alcoholic bewrager during Spedal Elver. CLEARWATER PARKS do RECREATION DEPARTAWAT P.O. Box 4748, Ocarw atcr, FL 34618-4748, Phone: 813-S62-1800 7--08-9? Applicant's signature Date Submitted Ar r.r crimp. 9lTFF t Ar ,as} Co.+nNfr. S/L N01M, tlpp#m6ont sill be rrdeuvd by the Cie,y of Ckar leer Spedal Ecrnt Comrm+inee. Said committee twill rrcommmd (approvW or dtniag to City Manager. In the emni of denia4 applicant may appeal to City Manager: 2 Y ...... Q a V ?o r J ? j I t t 1 ?. 4 V l ?` 1 l ? 0 1 1. ! 1 H t w? ? ?r is ?wrj?. ?n.+r. ,.???r±r r'?r??T •i.. ?.,?r ?+.N . •.. r..• tw• •?? ! • r ? .. ti r.. s? _ r . . ?,' T'. x, lot &tat. LSD • M ?nc PVC I certify, from the records of this office that TAMPA SMOKERS, INC. Is a corporation organized under the laws of the State of Florida, filed on April 20, 1994. The document number of this corporation is N94000001964. 3C ?sC t further certify that said corporation has paid all fees and penalties due this office through December 31, 1994, and its status is active. a3c I further dbriify that said corporation has not flied Articles of Dissolution. (gibcn unbcr mp bnnb anb tfjr Orcat A-cal of tljc %tatr of ffioriba, at T:allaljance, tlje vital, tljil tlje Twentieth bap of April, 1994 Tim o$MH4 -- -- -- -- -- -- -- - Secrtturg of gtntr .ti Departuir111 of Mute CR2E022 (2.91) r r AR'T'ICLES OF INCORPORATION OF TAMPA SMOKERS, INC. The undersigned by these Articles associate themselves for the purpose of forming a corporation not for profit under Chapter 617, Florida Statutes, and certify as follows: AHNAME The name of the corporation, hereinafter called the "Corporation," shall be TAMPA SMOKERS, INC., and its principal place of business shall be 6202 Benjamin Road, Tampa, Florida 33634. r'• ARTICLE 11 PURPOSE The purposes for which the Corporation is to be organized are exclusively for exempt purposes within the meaning of Section 601(c)(3) of the Internal Revenue Code of 1986 and, to that end, to take and hold by bequest, devise, gift, grant, purchase, lease or otherwise any property, real, personal, tangible or intangible, or any undivided interest therein, without limitation as to amount or value; to sell, convey or otherwise dispose of any such property and to invest, reinvest or deal with the principal or the income thereof in such manner as in the judgment of the Directors will best promote the purposes of the Corporation without limitation, except such limitations, if any, as may be contained in the instrument under which such property is received, these Articles of Incorporation, the Bylaws of the Corporation or any laws applicable thereto; to promote, advance and sponsor recreational and amateur athletics by specifically; r 1. Promoting the sport of fast-pitch softball; 2. Fostering development of fast pitch softball programs for ilia Tampa Smokes softball team and for the Hillsborough County, Florida area; 3. Serving as a local clearinghouse for fast-pitch softball programs by gathering and disseminating information on the sport; q, Advising Tampa Smokers softball team management on solutions to problems and in coordinating team activities; and, S. Supporting the Amateur Softball Association (A.S.A.) and/or other local, state, regional or national fast-pitch softball organizations; to conduct any and all lawful business and activity as permitted by Section 501(c)(3) of the Internal Revenue Code of 1986; and to do any other act or thing incidental to or connected with the foregoing purposes and objectives or In advancement thereof, but not for the pecuniary profit or financial gain of its directors or officers except as permitted under the provisions of Chapter 617, Florida Statutes. ART-1f,119 III REGISTERED OFFICE AND AGENT The registered office of the Corporation and its registered agent located at that address to accept service of process within the State is Michael D. Allw•eiss, Esquire, 4020 Park Street North, Suite 202, St. Petersburg, Florida 33709. 2 V "ARTICLE IY_ LIMITATIONS AND RFSCRICTIONS A. No part of the net earnings of the Corporation shall Inure to the benefit of any Member, Director or Officer of the Corporation, or any private slyareholder or individual (except that reasonable compensation may be paid for services rendered to or for the Corporation effecting one or more of Its purposes) and no Member, Director or Officer of the Corporation, or any private individual, shall be entitled to share In the distribution of any of the corporate assets on dissolution of the Corporation. H, No substantial part of the activities of the Corporation shall be the carrying on of propaganda or otherwise attempting to Influence legislation and the Corporation shall not participate In or Intervene In (Including the publishing or distributing of statements) any political campaign on behalf of any candidate for public office. C. . No part of the Corporation's activities shall Involve the provision of addetic facilities or equipment. D. Notwithstanding any other provision of these Articles, the Corporation shall not conduct or carry on any activities not permitted to be conducted or carried on by an organization . exempt from federal income tax under Section 5131(c)(3) of the Internal Revenue Code of 1986 and its Regulations as they now exist or as they may hereafter be amended or by an organization, contributions to which are deductible under Section 170(c)(2) of such Code and Regulations as they now exist or as they may hereafter be amended. E. Upon the dissolution of the Corporation or the winding up of its affairs, the assets of the Corporation remaining after payment of all costs and expenses of such dissolution shall { -?..r?u.ut?,?su 3 .1 s be distributed exclusively to charitable:religlous, scientific, testing for public safety, literary or educational organizations, other organizations fostering national or International amateur sports competition, so long as a part of Its activities Involve the provision of athletic facliitles or equipment, which would then quallfy under (lie provisions of Section 501(c)(3) of the Internal Revenue Doe of 1986 and its Regulations as they now exist or as they may hereafter be amended and not of the assets will be distributed to any member, officer or director of the Corporation or to any private Individual. RT L V TERM This Corporation shall exist perpetually, unless terminated by due process of law. ARTICLE Vt MEMBERS The Members of the Corporation shall constitute all persons hereinafter named as Directors and such other persons as, from time to time hereafter, may become Members, in the manner provided In the Bylaws of the Corporation or as may be elected by the Members at each annual meeting. d1CLE vii AP SUBSCRIBERS The name and address of the subscriber to these Articles of Incorporation is as follows: h+lichael D. Allweiss, Esquire 4020 Park Street North Suite 202 St. Petersburg, Florida 33709 4 e DIRECTORS A. The affairs, property and business of the Corporation shall be managed and controlled by a Board of Directors considerate of the number of Directo" determined by the Bylaws, but not less than two (2) Directors, and in the absence of such determination, the Board shall consist of two (2) Directors. Directors need not be Members of the Corporation. B. Directors of the Corporation shall, at the annual meeting of the Members of the Corporation, be elected and hold office in the manner determined by the Bylaws of the Corporation. Directors may be removed and vacancies on the Board of Directors shall be filled in the mmmer provided in the Bylaws. C. The names and addresses of the members of the first Board of Directors who shall hold office until their successors are elected and have qualified, or until removed are as follows: Peter J. Porcelli, Jr. 77 Gulfwinds Drive Palm Harbor, Florida 34683 Michael Mink 2232 Sprinwood Circle West Clearwater, Florida 34623 ARTICLE 1X OFFICERS A. The affairs of the Corporation shall be administered by the Officers designated in the Bylaws of the Corporation. B. The Officers of the Corporation shall be the President, Vice President, Secretary, Treasurer (which may be combined with another office as allowed by law) and such other Officers as may be provided in the Bylaws of the Corporation. 5 f Y C. The Officers shall be elected by the Board of Directors at its first meeting following the annual meeting of the Members of the Corporation and shall serve at the pleasure of the Board of Directors. D. The names of the Officers who shall serve until their successors are elected by the Board of Directors are as follows; Peter J. Porcelli, Jr. President Michael Mink Vice President • " r Bonnie A. Harris . Secretary/Treasurer RTI L BYLAWS The Board of Directors of this Corporation shall make, adopt, alter, amend and repeal such Bylaws of the Corporation for the conduct of the business of the Corporation and the carrying out of its purposes as such Directors may deem necessary from time to time. The Bylaws may be altered, amended or repealed at any meeting of members of the Corporation In the manner provided in the Bylaws. ARTICLE X! AMENDMENT The Articles of Incorporation may be amended by a two-thirds (2/3) vote of the Membership of the Corporation at a regular meeting or at a duly called special meeting of the Membership upon notice given, as provided by the Bylaws, of intention to submit such amendments to the membership of the Corporation. 6 Fr a5 ??t 2Z-A A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ASSESSING CERTAIN REAL PROPERTY LOCATED IN GREENWOOD PARK, BLK C, CLEARWATER, FLORIDA, HAVING A POST OFFICE ADDRESS OF 1107 CARLTON STREET, CLEARWATER, FLORIDA, AS DESCRIBED MORE PARTICULARLY HEREIN, IN THE AMOUNT OF $2355.00 FOR THE COSTS OF DEMOLITION INCURRED IN REMOVING A DANGEROUS STRUCTURE, WITHOUT THE CONSENT OF OWNER. W)F1EIREAS, pursuant to Chapter 47 of the Clearwater Code of Ordinances and the Standard Building Code, the Building Official determined that certain real property described herein and the building situated thereon were unsafe, unsanitary, unfit for human habitation, and dangerous and detrimental to the health, safety, and general welfare of the community, and did not properly comply with the requirements of said Code, and found that an emergency existed which, in his opinion, involved danger to human life and health, and ordered the demolition of the building; and WHEREAS, the City of Clearwater has caused the demolition of the building, and the cost of such work should now be assessed as alien on behalf of the City of Clearwater against the property; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: . Soction 1 • The Building Official having ordered the demolition of the building situated on the following described property: Greenwood Park, Block C, Lot 14 (Parcel Number 10/29/15/33534/003/0140). Owner of record: Lottie M. Williams 1107 Carlton St. Clearwater, FL 33615 as 0, and the City of Clearwater having now completed said work, the City Commission does hereby assess and charge a lien on behalf of the City of Clearwater against the property for the necessary costs incurred as follows: TOTAL DEMOLITION COSTS $2,355.00 (See Attachment "A") Sd oni 22 As soon as practicable, a Certificate of Indebtedness against the property for the amount of assessment shall be prepared, which certificate shall constitute a lien prior to all other liens except the lien for taxes. Said certificate, when issued, shall be payable to the City with interest at a rate of eight percent (H%) per annum. Section 3. The City Clerk is hereby directed to prepare a Notice of Lien in the amount of the assessment against said property, and to record the same in the Public Records of Pinellas County, Florida. E Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 1997. .Attest: Cynthia E. Goudeau Rita Garvey City Clerk Mayor-Commissioner Approved as to form and legal sufficiency: John Carassas . Assistant City Attorney t `P:C .. Jr ljt?M P•r-r v4.m.5+r'..Y!.w y0'ni C, "s. it. , ATTACHMENT "A" Resolution 974$ (1107 Carlton St. - Clearwater, Florida) TASK . NATAL - (Pinellas County Records for ownership) Various correspondence and telephone calls Purchase requisitions Take photographs TOTAL HOURS Tweelve hours (12) hours @ $25.00 per hour Film, developing, and'prints Certified Mail and regular postage Title Search - Sexton Title Services, Inc. Asbestos Survey - Occupational Health Conservation, Inc. Asbestos Removal - Lang Engineering of Florida Monitoring of Asbestos Removal - Occupational Health Conservation, Inc. Demolition (Howard Jimmie, Inc.) TOTAL EXPENSES LET AMOUNT 12 $300.40 54.56 0 0 0 0 0 2,000,00 $2,354.56 $2355.00 r?ti ,):•-.Fp ,1 }}11ti?,1 • ?. •\:.,?5 `iii".:.r4?' y..,i -' ,.y.;,I?i; Zi?+6};d?F`i+t..:e•r'?, f?,, a?`;,§ °i%-.•°•e'ri: ': (.;? y.r, .?°.k'• rl: _ `;i 'y i ` u 1f` Fes' ', .: 0 Interoffice Correspondence Sheet To: Mayor and Commissioners From: Cyndie Goudeau, City Cler CC: Michael J. Roberto, City Manager; Pamela K. Akin, City Attorney Date: August 14, 1997 RE: Resolution 97-50 This Resolution is needed to correct that two Res.97-32 , authorizing a demolition lien, have been adopted. The one adopted on May 1, 1997'had an incomplete legal description. A correct version of Res. 97-32 was adopted August 7, 1997. If you have any questions, please let me know. r a5? RESOLUTION NO. 97-50 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, RESCINDING RESOLUTION 97-32 ADOPTED MAY 1, 1997; PROVIDING AN EFFECTIVE DATE. WHEREAS, Resolution 97-32 was adopted May 1, 1997, with a legal description which was incomplete for recording purposes; and WHEREAS, Resolution 97-32 was re-adopted August 7, 1997, with the complete legal description, but the original resolution adopted May 1 was not rescinded; now, therefore,`' ' BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Resolution 97-32 adopted May 1, 1997, is hereby rescinded. Section 2. This resolution shalt take effect immediately upon adoption. PASSED AND ADOPTED this day of August, 1997. Approved as to form: John Carassas Assistant City Attorney Rita Garvey Mayor Commissioner Attest: Cynthia E. Goudeau City Clerk Resolution No. 97- 50 b, u. -?fas h A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ASSESSING CERTAIN REAL PROPERTY LOCATED IN Milton Park, CLEARWATER, FLORIDA, HAVING A POST OFFICE ADDRESS OF 917 TuskawiIla Street, CLEARWATER, FLORIDA, AS DESCRIBED MORE PARTICULARLY HEREIN, IN THE AMOUNT OF $706.00 FOR THE COSTS INCURRED BY THE CITY ORDERING THE OWNER TO ABATE A DANGEROUS STRUCTURE. WIMR .AS, pursuant to Chapter 47 of the Clearwater Code of Ordinances and the Standard Building Code, the Building Official determined that certain veal property described herein and the building situated thereon were unsafe, unsanitary, unfit for human habitation, and dangerous and detrimental to the health, safety, and general welfare of the community, and did not comply with the requirements of said Code before expenses were incurred; and WHEREAS, the City of Clearwater and the owner have caused the abatement of the unsafe building, and the City's costs of such work should now be assessed as alien on behalf of the City of Clearwater against the property; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section The Building Official having ordered the abatement of the unsafe building situated on the following described property: Blk 18, Lot 2 and 'A of County Vac Alley on S (Parcel Number 2129-15-5806$-018-0020). Owner of record: Jeffrey C. Benson 917 Tuskawilla Street Clea way, FI. 34516-3441 Resolution 97--32 ??FNw.•:Fl?i{i.FH%ai'S.+?a«s.a ...-...-.. .. _r.-?ry...a.w-..-... . ... ?. .??. r..+i...?4 . .. .......... ........ .. .-.... N and the City of Clearwater having now completed said work, the City Commission does hereby assess and charge alien on behalf of the City of Clearwater against the property for the necessary costs incurred as follows: TOTAL DEMOLITION COSTS $706.00 (See Attachment "A") Section 2, As soon as practicable, a Certificate of Indebtedness against the property for the amount of assessment shall be prepared, which certificate shall constitute alien prior to all other liens except the lien for taxes. Said certificate, when issued, shall be payable to the City with interest at a rate of eight percent (8%) per annum. Section 3• The City Clerk is hereby directed to prepare a Notice of Lien in the amount of the assessment against said property, and to record the same in the Public Records of Pinellas County, Florida. Section 4• This resolution shall take. effect immediately upon adoption. PASSED AND ADOPTED this is t day of may _ x6,1997. Attest: /s/ Cynthia R. Goudeau Cynthia E. Goudeau City Clerk . /s/ Rita Garvey Rita Garvey Mayor-Commissioner Approved as to form and legal sufficiency: John Carassas Assistant City Attorney Resolution 97--32 _sa' aba ATTACHVf M "A" Resolution 97-32 (917 Tuskawitla Street - Clearwater, Florida) TASK NALOL - (Pinellas County Records for ownership) Various correspondence and telephone calls Purchase requisitions Tame photographs TOTAL HOURS EXPENSES Fifleen {15) hours $25.00 per hour Film, developing, and prints Certified Mail and regular postage Title Search - Sexton Title Services, Inc. Asbestos Survey - Occupational Health Conservation, Inc. Asbestos Removal -Lang Engineering of Florida Monitoring of Asbestos Removal - Occupational Health Conservation, Inc. Demolition ( ) TOTAL EXPENSES LUN AMOUNT I . IS $375.00 12.44 3.80 65.00 250.00 0.00 0.00 $706.24 $706.00 Resolution 97-32 4. f - . g.;".i''S,•' Vii. a,?'r, j, ;?'.?4i7.: :. `3? 1 . • _ rt,¢.? .ykf'? • 1Y"t }' i;sr ?',; - t ',i"E' .?i '• F y+??,? .`{•rtf'4r?5ri? ;ri'?•,i:'ta°•f '?'. r t r•i",r-i' ' 11..<t??'?iE'?,?t.- '. d.?{ii ' `,'c.'J"_ itYC.'??'yyI''?? ,;, :a,?r:l?r.1`YSl p.l«?'`:..??.'y?r??'S: tr?a, t??. +,:y„r :tf.??•.'; any; '.;, 4??r.f i!'.S3' ;S• "?i w fr, fit of :l.ti r' -i y" ;'Y •; `''J r] iv ="r: f {.r ,i 6? Y1?' ;:d ?'#N.???.• '*cir ::.l. ?'' 's S.:Y.,' ..}''• :,:5:.{Yr,IF R:}!? y'",:1. ?!? _/ ?'f,.'. .?•'. .1' 1` .kp.lt,.. ?.1'Iv 'r,'? .`r:r 6? .t•t-r,' r! S; ? w e im---in4ry. Agenda, Worksession. 3 ' b PRELIMINARY AGENDA Clearwater City Commission Worksession - 9:00 A.M. - Monday, August 18, 1997 1. Service Awards II. Convene as Pension Trustees III. Reconvene Worksession PUR PURCHASING -- Video Editing Equipment, Steadi Systems of New York, $33,954 (1M) -- One 1997 Ford F-800 chassis with Altec Model AN-650P Aerial Tower, Altec Industries, Inc., $74,402; funding to be provided under City's Master Lease Purchase Agreement (GS) -- Double Detector Check Valve Assemblies, U.S. Filter Distribution of Tampa, 8122197-8114198, est. $61,525 (PS) -- 5 laser printers & 13 bubblejet printers & software for Parks & Recreation remote sites, BCD Computer Distributors, Inc., $16,683.18 (PR) EN ENGINEERING 1. C.O.#1 to 1997 Street Resurfacing Contract with Golden Triangle Asphalt Paving Company, Inc., adjusting completion date to 11!21197 for total time extension of 114 days (Consent) 2. Ratify/Confirm C.O.#2 for reconstruction of Highland Avenue, from north of Gulf to Bay Blvd. to north of Sunset Point Rd., Overstreet Paving Company, increasing amount by $399,153.65 for new total of $4,797,788.11, and approve time extension of 161 days CP CENTRAL PERMITTING 1. (Cont. from 7117197) Variance(s) to Sign Regulations for property located at 26417 US19N, Sec. 30-28-16, M&B 43.12 (Olds Property Corp., SV97-07) 2, (Cant. from 7117197) Variance(s) to Sign Regulations for property (Countryside Square Shopping Center) located at 2555 Countryside Blvd., Countryside Village Square, Lots 5, 7 & 8 (HRE Properties, SV97-08) 3. Variance(s) to Sign Regulations for property located at 101 S. Park Place Blvd., Storz Ophthalmics, Inc., Park Place, Lots 2 & 3 (The Grand Reserve at Park Place Limited Partnership, SV97-09) 4. Variance(s) to Sign Regulations for property located in the median of Park Place Blvd., at intersection of Gulf to Bay Blvd., south end of Park Place Blvd. r-o-w (The Grand Reserve at Park Place Limited Partnership, SV97-10) 5. First Reading Ord. #6176-97 - revising Sec, 28.04 and Appendix A, Schedule of Fees, Rates and Charges, XXVIII, Occupational License Fees, to allow the sale of ice cream from trucks on residential streets 6. Clearwater Beach Strategic Development Plan, authorize proceeding with planning process 8118197 CA LEGAL DEPARTMENT Second Reading Ordinances 1. Ord. #6149-97 - Creating new section 21.17 relating to begging by intimidation; providing definitions; prohibiting begging with intent to intimidate 2. Ord. #6166-97 - relating to occupational license fees; amending Appendix A, Schedule of Fees, Rates and Charges by 5% increase in fees and amending administrative fees charges 3. Ord. #6180-97 - establishing a money purchase pension defined contribution plan for certain employees who are employed by the City on or after 6123197 Resolutions 1. Res. #97-48 - Demolition Lien - 1107 Carlton St., Greenwood Park, Blk C, Lot 14 (Lottie Williams) 2. Res. #97-50 - Rescinding Res. #97-32 adopted 511197 OTHER CITY ATTORNEY ITEMS 1. Unfair Labor Practice Charge - Terence Kelly and Pinellas County Police Benevolent Association VS City - authorization for assignment of defense to Thompson, Sizemore & Gonzalez 2. Amendment to City Attorney employment agreement City Manager Verbal Reports Prensentation(s) for Thursday Night 1. Harborview Center - Barry Strafacci - Annual Status Report Other Commission Action Adjourn 8118197 2 t+P°... .'FI': £6l...!.,p.rp ,Y., .•.. .. .. .._ ......•. .......+........i.... ...r.._, ». w, ,. •[.. e.w r w..r.T` .`{. Mfµ T' ., . .. _ r ..- .. TO: Mayor Rita Garvey FROM:. Betty Blunt, Confidential Clerk/Receptionist COPIEES: City Commissioners, Michael Roberto, Cyndie Goudeau SUBJECT: Presentation at the August 18, 1997 City Commission Meeting DATE: August 18, 1997 The following presentations will be made at the August 18th City Commission: . 5 years Julie Hudson, Library (letter of appreciation, pin with city seal) Gary Gustafson, General Services (letter of appreciation, pin with city seal) i0 rears Diosdado Peredo, Jr,, General Services (letter of appreciation, wall clock) . .. 15 pears ' ' Cleveland Clarke, Parks & Recreation (letter of appreciation, plaque) f