Loading...
11/07/1996 3', ti' { y'l ?yt •.,.5 ..7(4'.. ?. 3 g1'1.-7-96 Lt. lily';; . ? • ft's>t _ • 1 I City- Commission Meeting. 11-7-96 note: 1.1-4-96 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. 71p- 4 ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, November 7, 1996 - 6:00 P.M. - Chambers 1. 2. 3. 4. 5. 6. 7. Citizens to be heard re items not on the Agenda Bilt,Kirbas asked if Commission agenda could be shown prior to the meeting. Staff is working on this. 5bQila Cole commended the City for the new parking trail blazing signs. She expressed concerns the steps at Harborview are "falling apart." This is to be addressed in Item #51. She announced an informational meeting re Penny for Pinellas at the Long Center on November 20, 1996. Invocation Pledge of Allegiance Service Awards Introductions and Awards Presentations: a) Municipal Code Enforcement Board - Annual Report b) C-View Task Force Report 1) Disband or Continue c) Tampa Bay Chamber Orchestra request for $2,000 Approval of Minutes - Regular Meeting 10/17/96 1. Pastor Anthony Baliestero, The Pentecostals of Clearwater. 2. Mayor. 3. None. 4. None. 5. a) Report received. b) Report received. Task Force disbanded and thanked for their service. c) No action taken. 6. Approved as amended. PUBLIC HEARINGS 8. 9. Public Hearing & First Reading Ord. #6108- 96 - Granting to Time Warner Entertainment - Advance/Newhouse Partnership the permission to occupy municipal streets and rights-of-way in the City as a means of providing cable television services; prescribing terms and conditions accompanying the Grant of Franchise; and prescribing penalties for violation of its provisions; providing for severability of provisions Public Hearing -f=irst Reading Ord. #6107-96 - Proposed change to previously approved DRI to allow: 1) land use conversion to office and/or hotel development for Parcel 4, Sec. 17-29-16, M&B 29.013 located within Park Place DRI, and 2) reflect changes in ownership and configuration of parcels of property within the development (Park Place Land, LTD) 8. Approved franchise agreement. Ord. #6108- 96 passed 1st reading. 9. Approved modified Development Order. Ord. #6107-96 passed 1 st reading. 11/07/96 1 10. Public Hearing - Amendment to Wal-Mart CPD zone to increase nonresidential development intensity by allowing construction of a Wendy's Restaurant along US19 frontage between Kinko's and Jiffy Lube outparcels (23106 US19N, Loehmann's Plaza, Lot 1, Loehmann's Plaza Replat, Lots 1-3) (Wal-Mart Stores, Inc. 1 Wendy's International, Inc. 1 Taheri Family Trust 1 Kinko's of Georgia, Inc. 1 Brandon Nu-West Clearwater, Ltd., Z96-09) 11. Public Hearing & First Reading Ord. #6093- 96 - LDCA to establish additional supplementary conditional use permit standards consistent with the PPC Rules (LDCA96-19) 12. Public Hearing & First Reading Ord. #6100- 96 - LDCA to allow outdoor cafes in PISP and Open Space/Recreation zoning districts on Clearwater Beach (LDCA96-20) 13, Public Hearing & First Reading Ord. #6092- 96 - LDCA to allow funeral homes in PISP zoning districts (LDCA96-18) - To be Cont. to 11/21/96 14. Variance(s) to Sign Regulations for property (Smart & Final) located at 1661 Gulf to Bay Blvd., Gulf to Say Shopping Center, Lots 3 & 4 (Arthur & Mary Bruno, SV96-20) 15. Variance(s) to Sign Regulations for property (Ramada Inn) located at 521 S. Gulfview Blvd., Sec. 17-29-15, M&B 22.02 (Clearwater Gulfview Hotel Trust, SV96-21) 16. Variance(s) to Sign Regulations for property (Brookwood Apartments) located at 501 Fairwood Ave., Sec. 8-29-16, M&B 34.01 (Clearwater Apartments I Ltd., SV96-22) 10. Approved. 11. Approved. Ord. #6093-96 passed 1 st reading. 12. Approved. Ord. #6100-96 passed 1st reading. 13. Continued to 11121196. 14. Approved ratio variance of 0.2 sq.ft. to allow ratio of 1.7 sq.ft. of sign area per foot of building width. 15. Approved variance of 72.5 sq.ft. to allow 128.5 sq.ft. of attached sign area. 16. 17. Variance(s) to Sign Regulations for property 17. (Lantana Apartments) located at 530 Fairwood Ave, Sec. 8-29-16, M&B 34.02 (Clearwater Apartments I Ltd., SV96-231 Approved 17.18 sq.ft. area variance to allow a freestanding sign 41.18 sq.ft. in area; 1.7' height variance to allow freestanding sign 7.7' high; 5' setback variance to waive required 5' setback; and 3 sq.ft. area variance to permit a directional sign 7 sq.ft. in area, subject to the standard setback condition. Approved; for the north sign (sign #1), 5' setback variance to waive required 5' setback from Fairwood Ave.; for the southeast sign (sign #2), 14.7 sq.ft. area variance to allow a freestanding sign 38.7 sq.ft. in area, and a 8.3' height variance to allow a freestanding sign 14.3' high; for the 11/07196 2 18. Variance(s) to Sign Regulations for property (Damon's I Sam Seltzer's Steakhouse) located at 18409 US19N, Sec. 20-29-16 M&B 33,05 (Clearwater Ribs, Inc., SV96-24) 19. Variance(s) to Sign Regulations for property located at 2170 Rainbow Dr., Sec. 13-29-15, M&B 14.02 (AAA Auto Club South a/k/a St. Petersburg Motor Club a/k/a Peninsula Motor Club, SV96-25) 20. Variance(s) to Sign Regulations for property located at 923 McMullen Booth Rd., Sec. 9- 29-16, M&B 31.01 together with Del Oro Gardens, Lots 33-36, 44-46, 51 & part of 52 (Kapok Pavilion I Ltd., SV96-26) southwest sign (sign #3), 9.6 sq.ft, area variance to allow a freestanding sign 33.6 sq.ft. in area, and a 0.8' heigh variance to allow a freestanding sign 6.8' high, subject to standard setback condition. 18. Denied variance to allow placement of up to 8 three-dimensional objects used as signs (cattle statues in front of a steakhouse). 19. Approved 33.6 sq.ft. area variance to allow a total of 57.6 sq.ft. of attached signs. 20. Continued. Public Hearing - Second Reading Ordinances 21, Ord. #6084-96 - revising Appendix A, Schedule of fees, rates and charges for various permits & services related to building construction of Central Permitting 22. Ord. #6094-96 - CG Zoning for property located at Hercules Ave, at Sunset Point Rd., Sunset Oaks, Lot 2 & S 160' of Lot 1; Pinellas Groves SW, part of Lot 1; Sec. 1-29- 15, M&B 13.02 (City initiated 1 Markos & Maria Poniros 1 Amoco Oil Co. 1 McDonalds Corp., Z96-11) 23. Ord. #6096-96 - Annexation for property located adjacent to Countryside Community Recreation Park, Sec. 29-28-16, part of M&B 22.02 (Florida Power Corp., A96-26) 24. Ord. #6097-96 - PISP Zoning for property located adjacent to'Countryside Community Recreation Park, Sec. 29-28-16, part of M&B 22,02 (Florida Power-Corp., A96-26) 25. Ord. #6101-96 - Relating to Occupational License Taxes; amending Ch. 29, Art. II, Secs. 29.24, 29.27, 29.30 & 29.31, by adding a new section on background check requirements; and making minor grammatical changes 11/07/96 21. Ord. #6084-96 adopted. 22. Ord. #6094-96 adopted, 23. Ord. #6096-96 adopted. 24. Ord. #6097-96 adopted. 26. Ord. #6101-96 adopted. 3 I 26. Ord. #6102-96 - Relating to Occupational 26. Ord. #6102-96 adopted. License fees, rates and charges by making housekeeping changes and adding the registration fee and duplicate fee CITY MANAGER REPORTS CONSENT AGENDA (Items #27-47) - Approved as submitted less #39. 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. 27. Declare personal property surplus to City needs; authorize disposal through Tampa Machinery Auction, Tampa, FL (FN) 28. Purchase of Propane Tanks from American Welding & Tank, Camp Hill, PA, for $112,128 and to Manchester Tank, Brentwood, TN, for $32,154, for the period 1118196-9130197, for a total $144,282 IGAS) 29. Enterprise Network - Phase 11 (Marine & WPC) - Purchase of: network equipment & software from Megabyte International, Tampa, FL, for $43,842; 7 Dell desktop personal computers & related components from Dell Computer Corp., for $21,164; and other misc. expenditures for $13,586; financing of network equipment & computer equipment for $35,676 to be provided under City's master lease-purchase agreement (IM) 30. Contract renewal for maintenance of Gaylord Galaxy automated library system with Gaylord Systems, Syracuse, NY, for the period 111197-12131197, for $47,621 (LIB) 31. Reappointment of Roy R. May to Board of Trustees, Clearwater Police Supplementary Pension Plan (PD) 32. Approve acceptance of 1 year grant of $78,750 for FY 1996-97 from FDOT State Safety Office, for Clearwater Pedestrian Safety and Enforcement Project (PD) 33. Approve acceptance of 1 year grant of $162,100 for FY 1996-97 from FDOT State Safety Office, for Clearwater DUI Enforcement Project (PD) 34. Donation of artwork (2 batiks) purchased from Jim Nordmeyer for $1,000 in 1979 under previous "Artist-in-Residence Program" to Pinellas County Arts Council who in turn will gift same to St. Petersburg-Clearwater Airport from the City of Clearwater (PR) 35. Contract for Jack Russell Stadium Structural Repairs Phase Two to Macre Construction, Inc., Clearwater, FL, for $146,609 (PR) 36. Purchase of misc. cast iron meter 1 valve boxes & accessories from U.S. Filter 1 Davis, Tampa, FL, for the period 1218196-1217197, at an est. $26,685 (PW) 37. Third Amendment to lease agreement dated 1212194 with the Times Publishing Company extending term through 12/31/97 re lease premises in Magnolia Park Sub., Blk 8, providing for termination by either party upon 30 days written notice (MSBIPS temporary parking facilities) (EN) 38. First Amendment to lease agreement dated 2122196 with Dimmitt Car Leasing, Inc., extending term through 12/31/97 re lease premises in Magnolia Park Sub., Blk 1, providing for termination by either party upon 30 days written notice (MSBIPS temporary parking facilities) (EN) 39. Work Order with Post, Buckley, Schuh and Jernigan, Inc., to provide updated aerial photographic atlas of the City, for $89,447 (EN) - APPROVED. 1'1107196 4 40. C.O.#4 & Final to Pier 60 Park Contract to Caladesi Construction Company, Largo, FL, increasing the amount by $24,553 for a new total of $1,259,383.61 (EN) 41. Water main and Ingress/egress easement- portion Sec. 30-28-16 (ABR Plymouth Plaza, Ltd.) (CA) 42. Declaration of Unity of Title - 4 parcels in Sec. 13-29-15 (Walgreen Co.) (CA) 43. Sidewalk Easement - across portions of property in Sec. 13-29-15 (Walgreen Co.) (CA) 44. 10' Waterline and Refuse Collection Easement - across portions of property in Sec. 13-29-15 (Walgreen Co.) ICA) 45. Request for authority to initiate eviction proceedings re Stevenson Creek Improvement Project (CA) 46. Request for authority to initiate foreclosure proceedings re delinquent rehabilitation mortgage accounts (CA) 47. Request for authority to initiate foreclosure proceedings for unpaid and delinquent liens (CA) OTHER ITEMS ON CITY MANAGER REPORT 48. DDB request for co-sponsorship of Downtown Discovery Day - 1119/96 49. Contract for preparation of "Management Plan" for Camp Soule to HDR Engineering, Inc., for "not to exceed" $13,870 which will meet requirements of the Florida Communities Trust for award of matching grant for acquisition of Camp Soule (PR) 50. First Reading Ord. #6105-96 - providing rate structure for Solid Waste Dept. to operate in the roll-off business in competition with private solid waste companies which includes leasing, servicing compactors and open-top containers, and approves investment of approx. $235,400 in additional containers and compactors to support the enterprise (SW) 51. Harborview Center - approve increase to project budget of $147,245 for completion of project (CM) 52. Transfer of $229,200 from the General Fund to the Municipal Services Complex project for funding of other non-construction expenditures; transfer of $229,200 in interest earnings on bond proceeds from the Improvement Revenue Bonds Construction Fund to the Improvement Revenue Bonds Debt Service Fund for the payment of principal and interest on the bonds, previously budgeted to be funded from General Fund revenues (CM) 48. Approved $1,430 in in-kind and to ask for reimbursement by the CRA. 49. Approved. 50. Approved. Ord. #6105-96 passed 1st reading. 51. Increased budget $186,291 contingent upon Guaranteed Maximum Price documents being executed by contractor and assurances for other cost being executed by architect. 52. PULLED. 11/07/96 5 53. C.O.#3 for the Clearwater Municipal Services 53. PULLED. Complex to increase the Guaranteed Maximum Price from $16,087,295 to $16,605,987 (CM) 54. Library Board - 1 appointment (CLK) 54. Appointed Judy Melges. 55. Municipal Code Enforcement Board - 1 55. Appointed Franke Huffman. appointment (CLK) 56. Other Pending Matters 56. None. CITY ATTORNEY REPORTS 57. Other City Attorney Items a) Request for approval of outside counsel a) Approved an amount not to exceed $25,000 reconstruction related issues. 58. City Manager Verbal Reports City Manager asked if 1213!96 meeting re bridge should be rescheduled due to conflicts. Meeting can be held on 1213 but formal presentation not until 6:30 p.m. City Manager announced next week will be busy with strategic planning, Legislative Delegation Breakfast, and FLC Legislative Conference. City Manager announced she will be retiring; effective date in 12197 but actual last day of work in early 5197. 59. Other Commission Action Garvey reported beginning process of promotion with Nagano, Japan; looking for private sector support. Said she regretted Ms. Deptula's retirement. Wished Commissioner Johnson's wife, Sarah, well. 60. Adjournment - 10:02 P.M. CITY OF CLEARWATER Interdepartmental Correspondence TO: Mayor and Commissioners FROM: Cynthia E. Goudeau, City Cler? SUBJECT: Follow up from November 4, 1996 Work Session COPIES: Elizabeth Deptula, City Manager DATE: November 5, 1996 In response to questions raised at the November 4, 1996, Work Session the following answers are in final agenda order. Items #9,10,11,15,16,17 and 18 - Due to other commitments Mr. Shuford was not able to complete his responses. I will provide the answers to the questions regarding Central Permitting items tomorrow. Item #25 - Assistant City Attorney Leslie Dougall-Sides and Central Planning Manager Sandy Glathorn will be reviewing the Occupational License revisions to address the Commission's concerns re possible inequities. I will provide you with a target date for response this week. Item #34 - Batiks - The first sentence of the last bullet of this item states the Arts Council will be given the batiks and then "make them available to the St. Petersburg-Clearwater Airport." This can be interpreted as the Arts Council retaining ownership. The recommendation is more specific and correct -- the batiks will be gifted to the Airport who will then have ownership of the art work. Item #39 - Aerials - Approximately 160 aerial photographs will be taken. From those photographs the City will receive one set of reproducible mylar films. The City will also receive a set of photographs that have been electronically scanned. This will allow the aerials to be pulled up on a computer screen. Staff can then highlight or draw on the photographs to clearly indicate streets, lakes or whatever feature is needed. These computer aerials can also be "blown up" to a larger scale if needed. At the time these were requested GIS was not considered. It is not known if the technology needed is available at this time. 1114196 Work Session Follow up Page 2 Item ##48 - Downtown Discovery Day - currently, the City is self-insured up to half a million dollars. There is also a statutory limit on liability of $100,000 per individual, $200,000 total no matter how many people are involved. Item ##49 - Camp Soule - attached is a memorandum for the City Attorney regarding the local match: Items ##51, 52 and 53 - separate memorandums will be forwarded to you tomorrow with additional information regarding these three items. Item ##54 - Library Board - another name has been submitted and is included in your packet. Item ##55 - Code Enforcement Board - Mr. Walsh declined appointment because he found it would be in conflict with his schedule and he did not like having to fill out the financial disclosure form. Miscellaneous: You will be receiving written reports regarding the Northwood Estates Pond and Edgewater Drive Restoration Project Community Meetings along with a time line for the steps staff will be taking to bring a final recommendation to the Commission. The Commission will also be provided with a time line regarding the Allen's Creek Rehabilitation Project. .s. ?.ic• 46 MM E:„M_G El A_N_D U M TO: Cyndi, Goudeau, City Clerk FROM: Pamela K. Akin, City Attorney RE: Camp Soule/Lake Chautauqua DATE: November 5, 1996 Commissioner Seel asked if a portion of the local match for the FCT grant can be in the form of ADA or other improvements or services provided. The local match must be for project costs unfunded by the Trust. Project costs means the total of the project site acquisition costs and may Include the cost of surveys, fee for assessment or examination, appraisal reports, marketable title, title insurance and costs of environmental assessment. Pursuant to the Florida Administrative Code, ADA improvements or other clean-up costs are not included in the definition of project costs. Therefor, those costs may not be included as a part of the local match. PKA:jmp . CITY OF CLEARWATER Interdepartmental Correspondence TO: Mayor and Commissioners FROM: Cynthia E. Goudeau, City Cler SUBJECT: Follow up to Work Session questions re Central Permitting Items COPIES: Elizabeth Deptula, City Manager DATE: November 6, 1996 Attached is a memorandum from Scott Shuford responding to questions raised at the November 4th Work Session. A response to the letter regarding trucks at WalMart is being sent advising that the City will investigate any complaints. Currently there is no record of complaints having been received. i If you have further questions, please let me know. ; 7? • s' ,f: S•? ?:???,'' #??_? l.'9'`??,Y>'rY??yii ??s?jrr,'?i?''' ??c45':?N:3nt ?, , , s:}; '.?E.S, .),,,4?r: ?til?:j t'ip'{• ??.' l.f'P:?Si?v ? ..'i :5•:I , i?sr"u.? 1«rr ????.s f^r?u•I '• t'?.N+M11It'J v ?.4v?LL1'I'ICI?I ?U L 11Y LLLKK P.01 Interoffice Correspondence Sheet To: Mayor and City Commission From: Scott Shuford, Director of Central Permitting I Subject: City Commission Follow-Up CC: BettyDeptula, City Manager Cyndie Goudeau, City Clerk Rate: November 5, 1996 In response to your questions at Monday's worksession, I have the following information: Wal- art L ndsC and Li htin Gla - Awaiting information from EngineerlaWEnvi:ronmental regarding landscaping; however, the required three row buffer appears to have been installed. Lighting glare is limited to the attached lights, based upon CRT contact with the Coachman Ridge homeowners and Home owner% Association President; Wal- Mert employees have indicated that this issue will be addressed and staff will not issue a building permit for the Wendy' s site until it has boas. SR1,Sd8 BR x V260=e - Staffhas been in contact with the applicant's representative and it appears that a reduced proposal will be submitted prior to the Con ul ission meeting. The Ramada Lunn contains 288 units and I$ indeod the second largest motel on Clenlwate r Beach, Uldfa iI Projects Si VarianC - Attached please find two maps indicating the correct development complex names for this area. SaM.Seltzer's Steakhouw Sian Varian • The Countryside High School Cougar is not a sign, sixty it is considered "artwork" based upon Sec, 44.05 which defaces artwork as "drawleA pictures, symbols, paintings, or sculpture which in no way identify &product or business. , .. " (emphasis added). Artwork is exempted from the sign code under Sec. 44.08. Please advise if you have questions or comments. 4 • • i Lr-I 0 1411 w u t• ??-ul I ??i I I .? t 1 11 l,LI,?.IC }' . IJ cc W J, ,] r1 V t (r R W c? V ? 1r Y. y ? 1] ? ? {? fr ? tW1??tt 1 '+ r n ? ? Z ? s t G1 ? to s cl: m IA M ? i iV IOQMOS ANYIN II17 dI%OW4"2 ..l' an oc ? t/3 M R© w `(.0 o pill 1 ? b i ? cNj VF= =i t 4 LA Azs vt w 1 1 ~ rte ?ww E ffff d, T - tai A S ? k t 1s;? rv•ri ''?::t N'?° 'n;s}i'i: ? . E k r ,q+' ° Jar t? ipr! r`?>.4??s.+'E`,=,<•',,j;,, "'''` ?'.- .. -I ? r• ..? ?fi ? Jii"1?+. ,?. ,Ft Lr'r,E.'. ..i, 3•?{?'! ?' ?? ?? ? ' 144'{ i ,+??3 k $,p??•e w,?. ,', ri ?,i .'; t ,„ :, i..-tt±•. '1 iF„ . ,';i?f`Sit???".l{? { `'?,`?,3` ?1k.';,;::_, •af r` r. ? r ? .: . . 7 f f?;Y,S't'f?ii,{}{?,?4?tl?r. S}, il??iti ,"C`?:•., i?^, ?sr :'et}," +t 'E :.i + ' tf 1 •'V }54 9.-i•.L. ?;fl a, ?t:.;•.. J'i,, ,..l j'- 1 ? ., + Ti ??? {?: flit (, n j,l f.•, ,' ?. ?. 3 ll, ?`Y ,ii : .(r '?,k?` •:? rJ. r -? ?',? r,. i,p d ?;1t;y/5 j ••..£y t'j,4t+s#f";i.?r .,.? f,:''. [''? ,?yy.•' ??:..?' •':r` ? ' f/ Yr, u 7A?1 . jLa±.1'.Y.1p 1 S I,1s !.1'i: ;..r •I ..<''i; 4 , Ar:.??, ?r: ,. t>r??dt .r''s ,`'S•.• `?t' .'.. ?, s 4? ??r r16,?;}?'lr,,f'1}:.,t, .4,s:a;.a. •,`?}??}:'?`+?s?1 -s? , ,3q?? ?t? kt Jj• h .c ?,r >y", ??1 afl ;.'+? v?•ts?.??'???,?Tj 74'r?rl4??'?j t' •?.i?.:,}?, ;vf .i ,,t1 ?. .? ?' ?j ,??.?. ?.'?. its G??rl{?+'t??l,`rf'fr.'iS; ?rF{'(?"'..,?•.::'r:l?? ?,?t.?°?;?"' ?'ii?.r`' . n? ttlndSv?"l?"=13????:;':(i?:'?;?41';?;? i'?'-?,?'?•r?!s ?,t3,?';' j?. , r111d?+'t?fi4%?i??•{ 4`,r a' ,rr.:•4.lrr.',' !:?' .? -.SE'?g;, , '?'4 Pr ? n?i •"?,- ? Y,;: F?i '?t?;? ii,;,t ?5r,? S, '?i.. °.. :I'? , L• F r r ?. ^ Ef'ti 4'??? it 1.',;J'iaF±..r ? p.t'<• ,j i. .i?..a.....r•+wiM'11S1M?S?rrJ'7fe.'Y}n Kt^iF`^?w .......... . _ +-4 r+' ,,? y> F ILLY E F'Lh?i + i r W ik VL VcLln 'i'lcl r 1 r L) ui IQ ` 1p'i. ?d ft wn • K? M IR iD L Ott ? i(t i?f ? <y NS on M :' '? m to e $ $? n ri m ' , ? ^ ees ?r1 ? ? I x r f s x r Y 1 c r. Y 1 Y 1 i 1 ?• 7 ? ti M iii/ F VVVLS -3 7 ? ? 1 ??? S L 1 1 1 Ll-&.1% v k uj E s ? f>1 ? N eV ? y( 4i T. O n 6 19 w up ;? f Cl) 96 e? 0 M t 1 1 1 1 I?? 1 f 4 41 TOTAL P.03 I CITY OF CLEARWATER Interdepartmental Correspondence TO. Mayor Garvey FROM: Sally Thomas, Agenda Clerk SUBJECT: Invocation COPIES: Cynthia Goudeau, City Clerk DATE: November 7, 1996 Toriight's invocation will be offered by Pastor Anthony Ballestero, The Pentecostals of Clearwater, 122 N. Main Ave., 34625 f p ; i S October 2, 1996 MEMORANDUM FOR: THE CLEARWATER CITY COMMISSION FROM: Cleanvaler Government Access Television (C-VIEW) Advisory Task Force SUBJECT: Progress Report 1, i s' n: The mission directed for the task force by the Clearwater City Commission is as follows: To advise the City Manager concerning the City of Cleanvater's government access television channel. To suggest ways of meeting the goals set by the City Commission to televise meetings, inform citizens about the programs and services and events provided by the City, and to market the City as a place to live and do business. 2. Task Force Activities: The C-VIEW advisory task force has met six times. During these meetings we have addressed all aspects of C-VIEW's operation. This included review of the budget, Quality of broadcast, availability of schedule information, programming parameters, and any other issue which might lend itself to problem analysis and problem-solving by the task force. 3. Fin, dims: Our findings to date are as follows: a. Fundiin , Funding for C-VIEW is provided out of the City of Cleaninter's annual budget. The station is prohibited from charging other city organizations for its services. (1) Task Force Action: The task force looked at possible ways of enhancing revenue to pay for further technical improvements and expanded staff. We considered such approaches as program sponsorship by commercial organizations (as the Public Broadcasting System does) and charging for services. The task force was unable to find any means of revenue enhancement which was not prohibited by or outside the scope of the station's charter. (2) Task Force Assessment: The conclusions of the task force are: (a) C-VIEW must live within its budget. (b) C-VIEW management recognizes the budget as an operating constraint. (c) C-VIEW management has done an excellent job of fulfilling its mission ?vihin its budget. b. Schedule Information Availability. This issue was a primary concern during some early meetings. Both the station and the task force recognize that most viewers find and view the channel by channel flipping, not by deliberate reference to any program guide. {1} Task Force Action: When we first started meeting, publication in the two major local newspapers and broadcast on the channel itself were the two modes of making schedule information available. One of the newspapers, the St. Petersburg Times, had decided to only publish (tic schedule intermittently in rotation with other public service and community access channel schedules. The drawbacks of both these modes was that changes in times of meetings of various municipal organizations could not be reflected in either. At several meetings we discussed shortfalls of the initial situation and brainstormed sonic ways of giving immediacy to municipal meeting information, e.g., via phone in or via computerize means. I . Meetings were held on the follo?ving dates: January 19, February 1, April 10, June 5, August 14, October 2, 1916. 111 .:.. (2) : During our term on the task force, CNIEW greatly expanded the means by which schedule information is available. In addition to newspaper publication and broadcast on an improved TV bulletin board system, there is a recorded meeting schedule updated daily accessible by phone, and also a World Wide Web site with schedule information. Our conclusion: C-VIEW has done an excellent job of expanding timeliness and availability of program schedule information. The task force can find no requirement for impmvement. c, Publicit : An Important part ofserving the customer is letting [lie customer know that C- VIEW exists, in this case, the task force identified three sets of customers. The prime customer is the citizen of Clearwater for municipal meeting broadcasts and other civic information. Secondary customers are tourists and those visiting the town on business or even considering relocating business here for information about local events and about the city. (1) T sk r e Ae[io : We learned from C-VIEW management that C-VIEW tent cards are placed in local hotels to inform visitors that the TV channel exists and has information about events in tee local area. Also, once in the past, local utility bills had an enclosure on CNIEW to reach Clearwater residents. (2) Tnsk Force Assessment: The publicity steps taken in combination with the schedule information are adequate. We did suggest to management that they have tent cards and/or flyers at the Ctear??-ater welcome center and that the Chamber of Commerce include a flyer in any information packets they send to businesses interested in the local area. Also, we recommended that periodically, perhaps once a year or every 18 months, an enclosure on C-VIEW be included in utility bills to remind old residents and inform new residents about the existence of the channel. The conclusion of ilia task force is: C-VIEW is doing an adequate job of publicising the station and has taken note of the task force's recommendations for future action. d. Technical Quality of Broadcasts: Lighting and sound deficiencies have been noticeable in broadcasts of city council meetings. And there was no indication to station management (other than by human vieMng) if there were technical problems from the station end. (1) Task Force Action. Because of the significant broadcast technology experience of several of our task force members, we were able to identify the technical sources of the problems and talk to a range of technical solutions. (2) Task Force Assessment: Most of the technical problems are unresolvable by C-VIEW for two reasons: either they are not under C-VIEW's control, but under the control of the council staff; or they result from the condition of the facility in which the city council meets. Our conclusions are: (a) CNIEW has improved its technical monitoring of its broadcasts (e.g., can automatically detect some conditions and can reset visa telephone call.) (b) C-VIEW has done all it can at the C-VIEW end to improve broadcasts of all kinds, including creating (very economically) an excellent new broadcast studio. (c) In planning any improvements to council chambers or other sites from which municipal meetings are broadcast, the city should include broadcast technical advisors from C-VIEW or other sources to help optimize the appearance of the facility for broadcast. c. Ethics Issues: The CNIEW charter contains some general ?wording that the task force thought might require some assessment and recommendation. Tito specific wording is that "Promotional announcements for events, charities, and organizations ontside of official government interest or sponsorsUp shall not be allowed." The issue was wlteiher the station had any difficulty dra?ving the line on which non-profit/religious/other institutionally sponsored events would be or wouldn't be included in notices of local events so C-VIEW's broadcast of the information wouldn't appear to be city endorsement. (1) Task Forc Actions. We discussed with CNIEW management which notices are included in the events bulletin board and how various programs are scheduled. (2) jsk F rce Assessment. Given the limited scope of the station's charter and the existence of public access channels which can handle the full range of information from the public, ?ve determined that there was no problem and no requirement for clarification or operational guidelines. Our conclusion is: C-VIEW management has a very clear understanding of their mission, the constraints of their charter, and the broadcasting customers they serve. C ial Noe : Two items ?which were not part of the task force's issues analysis significantly impressed the task force and deserve special notice. a. New Facili . The task force began its deliberations in the City Hall Annex on Missouri Avenue where the broadcast facility %%-as located. In May our meetings moved to the new Municipal Services Building ?where the station and staff' had been relocated. The ne?%v facility is a quantum leap improvement over the make-do earlier broadcast facility. Both the City of Clcanmtcr and the CNIEW management are to be congratulated for the commitment to improvement and on the planning and installation of the new facility. b. CNIEW Staff. The establishment of a task force to "help" an ongoing organization improve its performance is not always well-received by the organization in question. But in the case of CNIEW, the task force tvas received by an extraordinarily cooperative and competent staff, All our questions were answered; we had all the data and assistance we desired. We especially appreciate the support from Carrie Huntley, the Community Outreach Manager, who attended all our meetings, answered all our questions and provided updates on CNIEW management and programming initiatives. We arc also grateful to Jeff' Harper, the CNIEW Information Management Director, for his support, and to Patricia Sullivan, Board Reporter, the faithful scribe for minutes of all our meetings. 5. Disposition of the Advisory Ta5Force. The Clear?vater Government Access Television Advisory Task Force was chartered for an 18 month term. This should result in dissolution of the task force in June 1997. The task force has looked at all aspects of CNIEW management and operations which may benefit from our suggestions. We have seen extraordinary improvement in CNIEW across the board during the course of our term. Our overall assessment is that CNIEW management and operations are excellent and we can identify no remaining problems or issues requiring our attention. Bemuse of this fortunate situation, we suggest the City of Clearwater consider the following options regarding this task force: a. Dissolve the task force now instead of in June 1997, b. Continue the task force until June 1997, but as an inactive group to be called into session if an issue or problem arises that can benefit from our attention during this term. c. Continue the task force until June 1997, but as an inactive group of advisors ?vho may be called on for advice or assistance individually or as a group as conditions %%-arrant during this term. i This progress report is submitted by the folining members of the C-View Task Force: Deanna J. Ben avid Campbell 00\\ October 14, 1996 Ms, Rita Garvey Mayor of Clearwater P.O. Box 4748 Clearwater Fl. 34618 Dear Mayor Garvey: THE TAMPA BAY CHAMBER ORCHESTRA RICHARD CORMIER - MUSIC DIRECTOR J01 IN I- IIYE11- EXECUrIV)'s 17IMC1,OR C-10"-) 5'C. coPitis -ro- COMMISS1c-)N OCT 17 1996 N`55 CLERK / A7'7-np??lr:: y vkt'e- I realize that the City of Clearwater is much past the budgetary process, however, we would an opportunity to come before the commission to make a request of $2,000 to assistanee- far our concerts he Unitarian/Universalist Octagon in Clearwater wk+in As you may recall, the TBCO had been performing at the home of Joe and Carol Alexander for some years. As we developed governmental grants it became clear we would have to find a new venue that was handicapped accessible. The facility we chose is the Unitarian/Universalist Church on Nursery in Clearwater. We will be presenting six performances at this location. You also may recall that we decided to expand our presence in Pinellas County by performing three Orchestral concerts at the Museum of Fine Arts in St Petersburg. In fact we are presenting these concerts, and 1 am happy to say we are presently selling tickets, and we have Wm Hough, Florida Progress as sponsors of these concerts. Last Week the City of St Petersburg awarded the TBCO $2,000 to help sponsor this series. This is the first time we have received a grant from the City of St Petersburg. Florida Progress is the only sponsor so far for the concerts in Clearwater. Moving the concerts in Clearwater is a very risky business. We must make sure this series is financially secure, other wise we will not be able to present them. It is very important that we count on the City of Clearwater to match the St Petersburg grant of $2,000, since we are doing twice as many concerts in Clearwater. As a point of information we receive over $8,000 from Hillsborough to help support the ten concerts we give at the University of Tampa. i would like to request an appointment so that I may answer any questions you may have. Sincerely, o? hn L. Hyer 4e Executive Director Tampa Bay Chamber Orchestra J LH/bp 220 EAST MADISON 5'TRER-l' - SUITE 0) - TAMPA, FLORIDA 33602 e (813) 221.7368 - FAX (813) 22130811 - Wgs, (81:1) 282-2156 MAILING ADDRESS: 110. BOX 10353 0 TAMPA, FLORIDA 33679 Music director Richard Cormier conducted the Tampa Bay Chamber Orchestra over the weekend in works by Arensky, C.P.E. Bach, Pachelbel and J.S. Bach. Two da*ssical groups master art of musical intimacy in concerti By KURT LOFT of The Tampa Tribune The highlight was guest pianist Nancy Callahan in J.S. Bach's rest- less D Minor Harpsichord Concerto, BWV 1052, magnificently realized on a modern Bbsendorfef piano, Or- ganist and music director of the Hyde Park United Methodist Church in Tampa, Callahan played with seamless mastery, her contra- puntal lines'fashioned as one contin- uous stream of music against a sinu- ous body of strings. Her pointed rhythms in the opening allegro set a feisty tone, and her renddring of the adagio was downright haunting. By the third movement her fingers seemed taxed to the limit - Bach packs his notes together like sardines --- and she wavered ever so slightly. But the performance overall was incandes- cent, lifting us to a level where Bach himself might have been bending an- ear in approval, The Tampa Bay Early Music Consort offered its inaugural show- ing Sunday in front of an affection- ate audience at St. Andrews Episco- pal Church in downtown Tampa. The trio is dedicated to instrumen- tal music of the Renaissance and Ba- roque, and consists of Walter Bitner on' lute and recorder, Theresa Vil- Iani on viola da gamba, and Carl Klein on organ and harpsichord. The consort tuned in.low pitch the first half of the program, open- ing with Telemann's F Major Sonata, and filling the,cliurch with an exotic blend of tones and textures. Bitner's playful recorder phrasing and Villan- is luminously detaded•bowings were ideal against the background of Klein's tasteful keyboard, . Villani's solo "Loves Farewell by Tobias Hume was, a joy to hear unfold, and Bitner followed with a delicate series of lute sketches by such composers as ]udenkunig, Newsidler and Capirola. The solos on viol and lute reflect how compos- ers during the Renaissance began idiomatic writing for specific instru- ments, rather than in broad swaths for voice or whatever combination was around at the time. For some listeners, the group's first concert might have been too subtle, and needing a shot of con- trast. But it touched on an impor- tant musical thought' of the time -- the Baroque concept of affections, or expressive states of the soul ---- in which performers spoke with emotion through the vocabulary of their instruments, TAMPA - How refreshing, at a time when the Bay area seeks a mu- sical identity, that two vasty differ- ent groups sneak up and surprise us with a gift. Both the Tampa Bay Chamber Orchestra and Tampa Bay Early Music Consort opened their seasons over the weekend, mixing popular and esoteric programs with perfor- mances much bigger than their modest billing and ticket prices. These two upstart groups delivered as promised: intimacy and elegance, the music unfolding like a dialogue among friends, Richard Cormier, artistic direc- tor of the 14-piece Tampa Bay Chamber Orchestra, tickled ears and hearts during performances Sat- urday at the St. Petersburg Muse- um of Fine Arts and Sunday at the University of Tampa. His light menu, called "Classy Classical," in- cluded engaging versions of the ubiquitous Pachelbel "Canon" and its seldom-heard appendage, the "Gigue"; Arensky's stylistically imi- tative "Variations on a Theme by Tchaikovsky"; and the politely re- bellious Sinfonia No. G by C:P.E. Bach. Photo from Tampa Bay Chamber Orchestra AV q\\ 0 W r? ?V?1t VI 0 i.a C, •CT V U ?s u Q 4 v ^" . 0 4) = e R 6J to U - C u U 6. O ei E -tg r= u LL. .? .c y v U c? ?' F c? ? o U r = 0 tQ] y F O .y Q O `Q N sti s to O C 0 •?/ VI C y co p 0 { U °• L-0 q U Q3 69 D E n v7 A O X p a c? F- O U 4 1 , = ' ' 0 - 1 ? N . ?i 3 O v Zy vii VS U ;o > O E E c o a V) ca ? r Y ear -0 0 ? ' 0 U `v v 0 -v ? 0« r- m? 0 E c -0 >, k v C4 ti U 0 '? c3 y LIS o "• ?, o a C a o? L _ z V ? .0 ULei E • O c._. .C .0 v y. .C = y u o ?., o J ` ..' U c a 0 5 $ 0 _ as ? ... ? , uZ >e o 0 w v > Gi v U c 0 :y U vii i9 w O v G/] H _ -? ? W ¢ _ r b 82 G M52 O . O u0 r m a - 0 o °0 a ? s ° 0 r Vii 1' t ' _ r. o {?j.J _ 0 ?V •? H ra 0 ?,,, . ti) o t yr q? 7 L. x. .? ty i 0 c IE +C 4) U 12 Q J 4. . .j] e 1 = - 20- m -,j Z a R i: =.? u N L R y 4 Y L Ei M M '^ 0..-C. V7 VI r3 u7 g r3 G V c .t'. n u 0. ? - Y .O LU u G w t+ 4 w ?' 0. n n U u C n ? 7 0. n n ? -r V 3 p L' N + v7 V Y L- r 'D bl L u n .? C [L L - L C LL a V7 Y ro u M.. y . .. C D Lu r • ?G- Zj sL E yov C 5 0 oa 4. :r e , x "00 ^a? ti L? ` N ?T V e00 ro v o? ? u ? g nC ?z?' N s -v ?v: ?»- G V • . N m ? ad ' d a r C c? '-_? G ' t u h C ? O u W?cz n ? 8 ?es? u° .n , • • 7 ij- N V ? y Hp.? i 3 " u °Cr 3 LL. V {? C a; Y "J a r U V C h c LL N u? V u? .. .v L r V UU4 Zsn to z V Q O U U Q O ILI 73 K a .?1 ?i a Y C x •.C L a $ S ? L t { c k '966 '96610 JaZI1u5 CPaH Aq 01OHd RICHARD CORMIER, MUSIC DIRECTOR / CONDUCTOR Award-winning conductor Richard Cormier's credits include serving as music director and conductor of the Chattanooga (TN) and Charlotte (NC) Symphony Orchestras, as well as founding conductor of the St. Joseph (MO) Symphony. Founder also of the Cormier Chamber Orchestra of Kansas City, he has been twice honored by American Society of Composers, Authors & Publishers for distinguished programming of American music. He is widely known as a tireless advocate of American composers and young artists. In addition, one may find him lecturing and teaching at leading colleges and universities as he has done in New York, Tennessee, and Missouri. Dr. Cormier received his bachelor's degree from the New England Conservatory of Music, and his master's and doctorate from Columbia University. He was chosen for advanced study at Tanglewood, Massachusetts, and Pierre Monteux's school for con- ductors. His various skills and experience have often found him involved in several diverse pro- jects simultaneously, accounting for his background in performance, education, man- agement, marketing, and fundraising. l e • RESUME John L. Hyer For 22 years John flyer has served as general manager or executive director for symphony orchestras throughout the United States. These have included Long Beach, California, New Jersey Symphony and the Florida Orchestra. Presently he is Executive Director with the Tampa Bay chamber Orchestra and assists them .with fund raising and publicity. Since coming to Florida, Mr. Hyer has been a member of the Sister Cities Committee of Tampa, he has been involved with the Florida Arts Council Task Force in organizing state funding for the arts. He was president of The Cultural Center in Maplewood, N.J., a board member of Newark Boys Chorus and was founder of ArtPride for the State of New Jersey's Arts Advocacy Organization. Through this group he raised the New Jersey State Arts Council from $2,000,000 to $22,000,000. Mr. Hyer has also been a member of the State Arts Advocacy League of America as a board member, a member of the American Symphony Orchestra League for 20 years. He was a member of the National Genealogical Association and the Founder of the Greater Newark Youth Orchestra. Mr. Hyer is educated as a musician receiving a Masters Degree from Wilkes College in Wilkes Barre, Pennsylvania and a Master of Science Degree from the Juillard School of Music in New York City. Lj A SHORT IHSTORY of The Tampa Bay Chamber Orchestra The Tampa Bay Chamber Orchestra gave its initial performances in December of 1982 as the Gulf Coast Chamber Soloists. By January 1983, meetings were held by founder Dennis Herron with other musicians to create a professional chamber orchestra. The Tampa Bay Chamber Orchestra was envisioned as a means for professional musicians in the Tampa Bay area to perform the extensive repertoire of music written for more intimate settings than for large concert halls. Its first concert was performed on February 11, 1983 at the Don Cesar Hotel on St. Petersburg Beach. On March 7, 1984, TBCO incorporated under the laws of the state of Florida. For its first four years TBCO presented primarily summer concert series. Beginning in 1987 the decision was made to offer fall, winter and spring concerts. This practice has continued to tine present time. In 1992, with the death of Dennis Herron, the TBCO went through a period of retrenchment. Future plans were put on hold and presentations were scaled back. However, in 1994, with the assistance from a grant from the Florida State Arts Council, the TBCO was able to mount a search for a new music director and conductor. By the fall of that year Dr. Richard Cormier was appointed to the position. His experience of more than 30 years as a perfornier, teacher, conductor, and music director has been a tonic for the organization. During its history the TBCO has given concerts throughout west central Florida, including Tampa, Clearwater, Brandon, Dunedin, Sarasota„ and St Petersburg. The concerts have included such notable works as the entire Bach Brandenburg Concerti, Vivaldi's Four Seasons, Handel's Water Music and a staged production of Britten's Noah's Flood with music by American composers, Gershwin, Barber, Foote and Herbert, as well as the classic romantic and impressionistic composers. Under the leadership of Dr. Cormier, the TBCO quickly began to regain its once proud image as the premier Chamber Orchestra of the Tampa Bay.' In fact, TBCO was and is the only fully professional chamber orchestra in the state of Florida. With the desire to rebuild the Orchestra's image and programs, the Board realized the need for managerial assistance to complement the efforts of Dr. Cormier. By the fall of 1995, this tinie with the assistance of the Arts Council of Hillsborough County, Tile Tampa Bay Chamber Orchestra acquired an administrative consultant. Mr. John L. Hyer, who had been the chief executive officer and manager of orchestras throughout the United States for over 25 years, was asked to assume this position. By January of 1996, Mr. Byer was invited to become the full time Executive Director of the TBCO. Under the guidance of Richard Cormier and John L. Flyer, Tine Tampa Bay Chamber Orchestra has in a few short months re-established the education program, proposed new series in downtown Tampa, a new series in Pinellas and Pasco counties, and a tour of central Florida. The present goals of the TACO are to sustain the artistic excellence of the orchestra while greater name recognition with the public to become more community interactive, to seek funding from corporations, foundations, arts councils and private sources and to remain a significant part of the cultural profile of the area and the state. PROGRAMS AND PROJECTS OF THE T13CO Four concerts of the Tampa Bay Chamber Orchestra are scheduled for the 1996-97 season, three at the Grand salon at the University of Tampa, and one at St John's Episcopal Church. These concerts feature Florida artists. bbd Six "Performances at Six" at the Henry B. Plant Museum at the University of Tampa will be held (or heard or played). These performances are by ensembles of various types from string quartets to mixed groups, such as harp, strings and flute. Three concerts of the Tampa Bay Chamber Orchestra will be played at the Marley Room at the Museum of Fine Arts in St. Petersburg. These concerts feature Florida artists. Six "Encore" concerts will be played in the Octagon at the Unitarian Universalist Church in Clearwater. These performances are of ensembles of various types, from string quartets to mixed groups. bbb Two concerts of the Tampa Bay Chamber Orchestra will be heard at the Center for the Arts at River Ridge in Pasco County. These performances feature local Florida artists. (Most of these concerts are accompanied by free wine tasting prior to the concerts.) Four concerts of the Tampa Bay Chamber Orchestra are scheduled at the downtown Masonic Lodge during the months of March and April. These concerts will be field at noon to attract the work force in the downtown area. A series of concerts will be given by both the Orchestra and Ensembles at various locations throughout Tampa and Hillsborough County. These concerts will be both educational and family oriented for the population which does not usually get to hear live chamber music. The TBCO also performs for various functions, such as grand openings and other public events. In any year the TBCO will perform for over 6,000 people at some 30 concerts. ?Jh?+hJ?h1hhl?hJ? WHAT IS A CHAMBER ORCHESTRA ANYWAY? A chamber orchestra is a group of 12 or more instrumental musicians (often violin, viola, cello and bass, but other instruments may be added). Normally these musicians are led by a conductor, and the performances are usually in places that can accommodate audiences from 20 to 1,000. Originally, musicians who performed chamber music did so in the homes of the lords, barons, princes, kings and others with large living quarters; hence the name "chamber", which merely means "room". Concert halls for large ensembles of 100 musicians and audiences of 1,500 and up came later. A lot of music was written for "chamber" orchestras in the seventh and eighth centuries. In fact a lot of music for a small number of musicians has always been written by composers. One can even call jazz chamber music. Jazz is often performed by chamber music societies. Chamber music is by nature more intimate, varied and accessible than most other types of musical performances. Musicians often prefer to play chamber music because every musician is a soloist. Chamber music is actually the foundation of all other types of ensemble music. The Tampa Bay Chamber Orchestra (TBCO) is the only institution in the Tampa Bay area dedicated solely to the presentation of "chamber music" in the orchestral form aild tile small ensemble form. 'Only the finest musicians of our area are employed by the TBCO. John L. Hyer Executive Director Tampa Bay Chamber Orchestra 1 #g Rq9 S?,•a e TEAF?° Clearwater City Conunission h h ?" Agenda Cover Memorandum Item 0 Meeting Date: 11107/96 SUBJECT: TIME WARNER ENTERTAINMENT - ADVANCE/NEWHOUSE PARTNERSHIP FRANCHISE AGREEMENT RECOMMENDATION/MOTION! Approve the proposed application and franchise agreement for cable service negotiated with Time Warner Entertainment - Advance/Newhouse Partnership (Time Warner) and pass ordinance No. 6108-96 on first reading. ® and that the appropriate officials be authorized to execute same. BACKGROUND : The ordinance grants the use of the City of Clearwater's rights-of-way for fifteen (15) years. Time Warner will pay a franchise fee of 5% which is the highest allowed by law. This can be changed should the law change or should the City want to change the fee by resolution. Time Warner will pay in a manner satisfactory to the City a grant in the amount of Fifty Thousand Dollars ($50,000.00) to be used by the City for any lawful purpose. Time Warner, in addition to the public buildings their system passes, will provide one free cable drop and free basic and tier services excluding premium services, audio services, and pay-per-view to public buildings already provided with free drops. Appendix A describes the system and will require a state-of-the-art system as defined in the area. Appendix B describes the terms and conditions applicable to work on the system. Appendix C describes access channels, equipment, facilities, and services, including: a) Time Warner will provide a matching grant of $100,000 to the City for purchase of government access equipment within one month of the effective date of this Agreement; Reviewed by: 16 originating Dept:} Costs: Commission Action: Legal ity na r Total © Approved Budget N/A Purchasing N/A e E ?-' 13 Approved u/conditions Risk Mgmt. NIA,- User Dept: Current EiscaL Yr. ? Denied cis ACN Funding Source: ? Continued to: other O Capital imp. Advertised: Cl operating Attachments: Date: 10/29/96 ? other ordinance No. 6108-96 Paper: Tampa Tribune Appendices A, 0, C, D, E d ? N t R i o re equ by I n ?- S<i 4 y Affected Parties ? Appropriation Code: ? None r ? 1 ` f„i G t Notified , Ci aer ® Not Required ?. 2 .. b) On or before December 1, 2003, Time Warner will provide the City with a government access equipment grant in an amount equal to $2.50 times the number of subscri bers to the system as of October 21, 2003; C) Until Time Warner has renewed its franchise with Pinellas County, the City will pay Time Warner $50,000 for the first three years of the Agreement and $75,000 for the remaining term of the Agreement with a CPI after the fifth year. In the event Time Warner becomes the sole provider, this requirement goes away. Appendix D describes franchisee's obligations with respect to institutional network. Appendix E describes customer service standards. 8 ORDINANCE NO. 6108-96 AN ORDINANCE GRANTING TO TIME WARNER ENTERTAINMENT - ADVANCE/NEWHOUSE PARTNERSHIP THE PERMISSION TO OCCUPY MUNICIPAL STREETS AND RIGHTS- OF-WAY IN THE CITY OF CLEARWATER, FLORIDA, AS A MEANS OF PROVIDING CABLE TELEVISION SERVICES; PRESCRIBING THE TERMS AND CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS; PROVIDING FOR SEVERABILITY OF PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1 -- Findings Pursuant to the procedures in the Cable Act (as defined in Section 3), the Grantor (as defined in Section 3) has determined to renew the existing cable television franchise originally granted to Vision Cable of Pinellas, Inc. and subsequently transferred to Time Warner Entertainment - Advance/Newhouse Partnership (the "Grantee") (Ordinance No. 2084) on the terms and conditions set forth in this Ordinance, and the Grantee agrees to such terms and conditions. Section 2 -- Short Title This Ordinance shall be known and may be cited as the "Time Warner Entertainment-Advance/Newhouse Partnership Cable Television Franchise." Section 3 -- Definitions For purposes of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words in the present tense .include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. "Abandonment" means: (i) the cessation, by act or failure to act of the Grantee of the provision of all, or substantially all, of the Services then being provided over the System to Subscribers or the Grantor for twenty-four (24) or more consecutive hours, except if due to an event beyond the control of the Grantee; or (ii) the completion of any action described in Section 14 of this ordinance without the prior written consent of the Grantor. "Affiliated Person" means each Person who falls into one or more of the following categories: ( i. ) each Person having, directly or indirectly, a Controlling Interest in the Grantee; (ii) each Person in which the Grantee has, directly or indirectly, a Controlling Interest; (iii) each officer, director, general partner, limited partner holding an interest of twenty-five percent (25%) or more, joint venturer or joint venture partner, of the Grantee; and (ivy each Person, directly or indirectly, controlling, controlled by, or under common Control with,-the Grantee; provided that "Affiliated Person" shall in no event mean the Grantor, the entity, if any, administering some or all of the Access Channels, any limited partner holding an interest of less than twenty-five percent (25k) of the Grantee, or any creditor of the Grantee solely by virtue of its status as a creditor and which is not otherwise an Affiliated Person by reason of owning a Controlling Interest in, being owned by, or being under common ownership, common management, or common Control, with, the Grantee. "Basic Service" means that level of Cable Services distributed over the Subscriber Network, which, at a minimum, shall include: (i) all. Signals carried on the System in fulfillment of the requirements of Sections 614 and 615 of the Cable Act (47 U.S.C. H 534 and 535, respectively) ; (ii) any Access Channel programming required by this ordinance to be provided to Subscribers; (iii) any Signal of any broadcast station provided by the Grantee to any Subscriber, except a Signal which is secondarily transmitted by a satellite carrier beyond the local service area of such station; and (iv) any other Cable Services offered as basic service. "Cable Act" means the Cable Communications Policy Act of 1984, 47 U.S.C. S§ 521-611 (1991) and any amendments thereto and the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102385, 106 Stat. 1460 (1992), codified at 47 U . S . C . §§ 151-611 (1993) and any amendments thereto, both of which, among other things, are amendments to the Communications Act of 1934, 47 U.S.C. §§ 151-611 (1991). "Com=unications Systems" means any facility, consisting of a set of closed -transmission paths and associated signal generation, reception and control equipment, a function of which is to provide Cable Services by receiving through any means, including, without limitation, coaxial cable, optical fiber, antenna, or satellite or microwave transmission, and distributing video, audio, voice, or data Signals, whether originating within the Franchise Area or elsewhere. The foregoing definition of "Communications System" shall not be deemed to circumscribe the valid authority of any governmental body, including the Grantor, to < 2> regulate the activities of any other communications system or provider of communications services. "Cable Service" means: (i) the one-way transmission to Subscribers of video programming or other programming service and (ii) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. "Channel" means a band of frequencies in the electromagnetic spectrum, or any other means of transmission (including, without limitation, optical fibers or any other means now available or that may become available), which is capable of carrying a video Signal, an audio Signal, a voice Signal, or a data Signal. "Control" or "Controlling Interest" means actual working control in whatever manner exercised, including, without limitation, working control through ownership, management, debt instruments, or negative control, as the case may be, of the System, the Franchise or the Grantee. "Economically and Technically Feasible and Viable" means capable of being provided: (a) through technology which is readily available with reasonable delivery schedules from two (2) or more sources of supply and has been demonstrated in actual operating conditions (not simply through tests or experiments) to operate in a workable manner; and (b) in a manner which has a reasonable likelihood of generating a reasonable return on the Grantee's investment when measured over the remaining term of the Franchise. "FCC" means the Federal Communications Commission, its designee, or any successor thereto. "Franchise Area" means the area consisting of the corporate limits of the City of Clearwater, as its borders may be changed from time to time. "Grantee" means Time Warner Entertainment - Advance/Newhouse Partnership, a partnership duly organized and validly existing under the laws of the State of New York, whose principal place of business is located at 300 First Stamford Place, Stamford, Connecticut 06902. "Grantor" means the City of Clearwater, Florida, or, as appropriate in the case of specific provisions of this ordinance, any board, bureau, authority, agency, commission, department of, or any other entity of or acting on behalf of, the City of Clearwater, Florida, or any officer, official, employee, or agent thereof, any designee of any of the foregoing, or any successor thereto. < 3 > "Gross Revenue" means all revenue, as determined in accordance with generally accepted accounting principles, including advertising revenue, which is received, directly or indirectly, by the Grantee, by any Affiliated Person, and any other Person from or in connection with the distribution of any Service on the System or the provision of any service related activity in connection with the System. Gross Revenue shall not include the revenue of any Affiliated Person or other Person, including, without limitation, a supplier of programming of the Grantee, to the extent that said Revenue is also included in Gross Revenue of the Grantee. "Pay service" means any Cable Service offered on a per Channel or per program basis. "Person" means any natural person or any association, firm, partnership, joint venture, corporation, or other legally recognized entity, whether for-profit or not-for-profit, but shall not mean the Grantor. "Responsible Pran.chising official" means the body, organization or official to whom the applicable rights or obligations have been delegated by the Grantor pursuant to applicable law. "Rights-of-Way" means all of the public streets, alleys, highways, waterways, bridges, easements, sidewalks and parks of the City of Clearwater, as they now exist or may be hereafter constructed, opened, laid out or extended within the present limits of the City, or in such territory as may hereafter be added to, consolidated or annexed to the City. "Service" means any Cable Service, including any Basic Service, or any other service, including the provision of any equipment and any installation of equipment or facilities and monthly use thereof, whether originated by the Grantee or any other Person, which is offered to any Person in conjunction with, or distributed over, the System. "Signal" means any transmission of radio frequency energy or of optical information. "State-of-the-Art" or "State of the Art," as applicable, means that level of technical or service performance, capacity and capability (including, but not limited to, plant or other equipment; construction techniques; customer service; facilities, equipment, systems and operations; and performance standards) which has been developed and demonstrated in the cable industry to be workable and Economically and Technically Feasible and Viable from time to time throughout the term of the Franchise. 4 > "Subscriber" means any Person lawfully receiving any Service provided by the Grantee by means of or in connection with the System, whether or not a fee is paid for such Service. "Subscriber Network" means that portion of the System over which Services are provided primarily to residential Subscribers. "System" means the Communications System which is to be constructed, operated, maintained and upgraded, as necessary, by the Grantee pursuant to this ordinance, including, without limitation, all real property, all tangible and intangible personal property, buildings, offices, furniture, Subscriber lists, cables, amplifiers and all other electronic devices used in connection therewith and all rights, contracts and understandings with regard to any matter related thereto. Section 4 -- Grant of Authority (A) There is hereby granted by Grantor, to Grantee, the rights and privilege to construct, erect, operate, own and maintain, in, upon, along, across, above, over and under Rights-of- Way now laid out or dedicated, and all extensions thereof, and additions thereto in the Grantor, poles, wires, cables, underground conduits, manholes and other communication fixtures and utility structures necessary or proper for the maintenance and operation of the System in accordance with the provisions of this ordinance. This Franchise is awarded subject to all applicable provisions of general or special laws of Florida and the federal laws and regulations. (B) This Franchise is for use by Grantee of Grantor's Rights-of-Way to provide Cable Services only and only within the Franchise Area. (C) The Franchise is nonexclusive. Nothing in this ordinance shall affect the right of the Grantor to grant to any Person, or to itself, a franchise, consent, or right to occupy and use the Rights-of-Way, or any part thereof, for the construction, operation, or maintenance of all or any part of a Communications System within the Franchise Area or for any other purpose. (D) This Section 4(D) shall be applicable if the Grantor exercises its right to grant: to any third party one or more franchises for the construction, operation or maintenance of a cable system pursuant to the Cable Act, and shall be implemented consistent with Section 166.046 of the Florida Statutes (Municipalities -- Definitions; minimum standards for cable television franchises imposed upon counties and municipalities). < 5 > If the Grantor exercises its right to grant to any third party one or more franchises (hereinafter "Additional Cable Franchise ordinance") for the construction, operation or maintenance of a cable system pursuant to the Cable Act and the Grantee believes the Additional Cable Franchise Ordinance pursuant to which such Additional Cable Franchise ordinance is granted bestows benefits and imposes burdens on the franchisee which, taken as a whole, are materially more advantageous to such third party than the benefits bestowed and burdens imposed on the Grantee by this ordinance, taken as a whole, are to the Grantee, then the Grantee may request that the Grantor make a determination to such effect and, in the event of such a determination, renegotiate the terms and conditions of this ordinance as provided below. The Grantee may only request such a determination if the Grantee is in substantial compliance with the material provisions of this ordinance. in the event of such a request, the Grantor shall determine, under its standard procedures, whether the Additional Cable Franchise ordinance bestows benefits and imposes burdens on the third party which, taken as a whole, are materially more advantageous to the third party than the benefits and burdens imposed by this Ordinance, taken as a whole, are to the Grantee. In making a determination under this subsection, the Grantor may consider factors such as, but not limited to: (i) the term of each franchise; (ii) the franchise fee to be paid by each franchisee, including the Grantee; (iii) differences in construction, operational and maintenance costs; (iv) differences in required system characteristics, including state-of-the-art requirements; (v) differences in service obligations, including public, educational and governmental access and institutional service requirements; (vi) differences in permitted company fees and charges; and (vii) such other factors and considerations as it considers to be relevant to an inquiry into the overall economic comparability of the agreements. If the Grantor determines that the Additional Cable Franchise Ordinance bestows benefits and imposes burdens on the third party which, taken as a whole, are materially more advantageous to the third party than the benefits bestowed and burdens imposed by this Ordinance, taken as a whole, are to the Grantee, then upon the Grantee's request, the Grantor and the Grantee shall enter into good faith negotiations to seek to modify this ordinance to bestow benefits and impose burdens which, taken as a whole, create overall economic comparability between this ordinance and the Additional Cable Franchise Ordinance. (E) Nothing in this ordinance shall be construed to prohibit the Grantor from (i) operating as a multichannel video programming distributor in the Franchise Area, notwithstanding the < 6 7 granting of one or more franchises by the Grantor or (ii) requiring the Grantor to secure a franchise to operate as a multichannel video programming distributor. (F) Nothing in this ordinance shall (i) abrogate the right of the Grantor to perform any public works or public improvements of any description, (ii) be construed as a waiver of any codes or ordinances of the Grantor or of the Grantor Ia right to require the Grantee or any Person utilizing the System to secure the appropriate permits or authorizations for such use, or (iii) be construed as a waiver or release of the rights of the Grantor in and to the Rights-of-Way. In the event that all or part of the Rights-of-Way within the Franchise Area are eliminated, discontinued and closed, the Franchise shall cease with respect to such Rights-of-Way upon the effective date of the final action of the Grantor with respect thereto. (G) Nothing in this ordinance authorizes the Grantee to provide noncable services. The Grantee shall if required by applicable law petition the Grantor for the authority to provide noncable services, and the Grantor may grant such authority on terms and conditions that the Grantor reasonably determines are appropriate in the circumstances. Section 5 -- Term of Franchise (A) The Franchise and rights herein granted shall take effect and be in force from and after the final passage hereof, as required by law and upon the filing of an acceptance by Grantee of all the terms thereof with the Grantor and shall, unless sooner terminated pursuant to this ordinance or applicable law, continue in force and effect for a term of fifteen (15) years after the effective date of this Franchise. (B) Subject to Section 626 of the Cable Act (47 U.S.C. 9 546), the Grantor reserves the right to grant or deny renewal of the Franchise. Section 6 -- Compensation and Other Payments (A) As compensation for the Franchise, the Grantee shall pay, or cause to be paid, to the Grantor the amounts set forth in this Section 6(A)-- (1) fees of Five by the Cable Grantor. The Grantee shall pay to the Grantor franchise Percent (51) or the maximum amount permitted Act, if hereafter adopted by resolution of the e 7 > (2) All such payments of franchise fees shall be made . on a quarterly basis and shall be remitted simultaneously with the submission of the Grantee's quarterly report required pursuant to Section 6(A){3}. (3) The Grantee shall submit to the Grantor a report, in such form and containing such detail as the Grantor shall reasonably require, not later than thirty (30) days after the last day of each quarter throughout the term of this ordinance setting forth the Gross Revenue for the preceding quarter. (4) No acceptance of any franchise fee payment by the Grantor shall be construed as an accord and satisfaction that the amount paid is in fact the correct amount or a release of any claim that the Grantor may have for further or additional sums payable under this ordinance, and all amounts paid shall be subject to audit and recomputation by the Grantor. If, as a result of such audit or any other review, the Grantor determines'that the Grantee has underpaid its fees in any twelve (12) month period by ten percent (10k) or more, then, in addition to making full payment of the relevant obligation, the Grantee shall reimburse the Grantor for all of the reasonable costs associated with the audit or review, including all reasonable. out-of-pocket costs for attorneys, accountants, and other consultants. (5) If the Grantee collects from subscribers any amounts to be paid to any Person for the provision of Services on the System that do not fall within the definition of Gross Revenue, the Grantee shall deduct the same percentage from such amounts as the then-applicable franchise fee percentage pursuant to Section 6(A)(1) and include such deducted amounts in its payment to the Grantor pursuant to this Section 6(A) and include such payments in its report pursuant to Section 6(A)(3). (6) The Grantee shall ensure, through contract or other arrangement, that any Person other than the Grantee who collects from Subscribers amounts that would constitute Gross Revenue if received directly by the Grantee (e.g., from a Person who leases a channel pursuant to Section 612 of the Cable Act but not to include revenues from the sale of merchandise) is required to remit to the Grantor quarterly a percentage of such amounts collected which is equal to the then-applicable franchise fee. Such contract or arrangement must also require the Person to submit a quarterly report which meets the requirements of section 6 (A) (3) and must entitle the Grantor to enforce the fee and reporting requirements directly against the Person. 8 > (B) The parties agree payments to be made pursuant provision of this ordinance are of a tax and are in addition applicability or other fees o charges which may be imposed or conduits or similar facilities the Grantor) which the Grantee required to pay to the Grantor. that the compensation and other to this Section 6 and any other not a tax and are not in the nature to any and all taxes of general r charges (including any fees or the Grantee for the use of poles, that may be owned or controlled by or any Affiliated Person shall be (C) if any payment required by this ordinance is not actually received by the Grantor on or before the applicable date fixed in this ordinance or by the Grantor, the Grantee shall pay interest thereon, from the due date to the date paid at a rate of one percent (1%) per month, compounded monthly, for the period of delinquency. (D) in the event the Grantee continues to operate all or any part of the System after the term of the Franchise, then the Grantee shall continue to comply with all applicable provisions of this ordinance, including, without limitation, all compensation and other payment provisions of this ordinance, throughout the period of such continued operation, provided that any such continued operation shall in no way be construed as a renewal or other extension of the Franchise. (E) The Grantee has paid or arranged to pay, in a manner satisfactory to the Grantor, a grant in the amount of Fifty Thousand Dollars ($50,000.00) that can be used for any lawful purpose. Section 7 -- The System (A) The Grantee shall construct, operate, maintain, and upgrade the System as provided in this ordinance. (B) The Grantee shall rebuild the System on the schedule and as otherwise provided in Appendix A. Upon completion of the rebuild, the System shall be capable of providing Seventy-nine (79) activated downstream video Channels, and a minimum upstream capacity of 350 MHz, an emergency override mechanism, and the other characteriBtics set,forth on Appendix A. (C) The Grantee shall construct, operate, maintain and upgrade the System such that it is capable of transmitting and receiving signals to and from any other Communications System in the City of Clearwater. IV (D) The Grantee shall comply with the terms set forth in Appendix B in connection with all work involved in the 9 a construction, operation, maintenance, repair, upgrade, and removal of the System, in addition to any other requirements or procedures reasonably specified by the Grantor. All work involved in the construction, operation, maintenance, repair, upgrade, and removal of the System shall be performed in a safe, thorough and reliable manner using materials of good and durable quality. If, at any time, it is determined by the Grantor or any other agency or authority of competent jurisdiction that any part of the System, including, without limitation, any means used to distribute Signals over or within the System, is harmful to the health or safety of any Person, then the grantee shall, at its own cost and expense, promptly correct all such conditions. (E) Neither the Grantor nor its officers, employees, agents, attorneys, consultants or independent contractors shall have any liability to the grantee or any Affiliated Person for any liability unless such liability arises because of the willful misconduct or gross negligence of the Grantor or its officers, as a result of or in connection with the protection, breaking through, movement, removal, alteration, or relocation of any part of the System by or on behalf of the grantee or the Grantor in connection with any emergency, public work, public improvement, alteration of any municipal structure, any change in the grade or line of any Street, or the elimination, discontinuation, and closing of any Street, as provided in this ordinance. (F) Performance Bond-- (1) To ensure that the operation of the System continues in an orderly and uninterrupted manner in the event of a default by the Grantee, and for the other purposes specified in Section 7(F) (3) hereof, the Grantee shall arrange for, and shall maintain throughout the term of this ordinance, a performance bond solely for the protection of the Grantor, with a corporate surety and trust company acceptable to the Director, as provided in this Section. (2) The performance bond shall be in a face amount of not less than Fifty Thousand Dollars ($50,000.00). (3) The performance bond shall indemnify the Grantor, up to the full face amount of the bond, for: (i) the cost to continue any upgrade of the System in the Franchise Area and to maintain operation of the System following a termination of this ordinance up to the date upon which the face amount of the bond, plus all net revenue actually received through the continued operation of the System during said period, have been exhausted; (ii) any loss or damage to any municipal structure during the course of any construction or operation of the System; (iii) any other costs, or loss or damage actually incurred by the Grantor as a result of the Grantee's failure to perform its obligations c 10 > pursuant to this Ordinance; and (iv) the removal, of all or any part of the System from the Rights-of-Way; (v) the payment of compensation set forth in this Ordinance; (vi) the payment of premiums for the liability insurance required pursuant to this Ordinance; (vii) the removal of the System from the property of the Grantor at the termination of this Ordinance, at the election of the Grantor, pursuant to this Ordinance; (viii) the payment to the Grantor of any amounts for which the Grantee is liable pursuant to Section 16 which are not paid by the Grantee's insurance; (ix) the payment of any other amounts which become due to the Grantor pursuant to this Ordinance or law; and (x) any costs, losses or damages incurred by the Grantor as a result of a default of the Grantee's obligations under this Ordinance. (4) The performance bond shall be in a form approved by the City Attorney. Such approval shall not be unreasonably withheld. Such bond shall provide that it may not be cancelled without the consent of the Grantor. The Grantor will be given sixty (60) days written notice by registered mail, return receipt requested of intent to cancel or not renew this bond. (5) The faithful performance by and the liability of the Grantee pursuant to this Ordinance shall not be limited by the acceptance of the bond required by this Section 7(F). (6) Throughout the term of this Ordinance, or for as long as the Grantee operates the System, whichever period is longer, and for at least ninety (90) days thereafter, the Grantee shall maintain the performance bond in the amount specified in this Section 7 (F) (2) . Within fifteen (15) business days after receipt of notice from the Grantor that any amount has been withdrawn from the performance bond, as provided in this Section, the Grantee shall restore the performance bond to the amount required pursuant to Section 7 (F) (2) , provided that said restoration obligation shall be suspended during the period of any judicial challenge by the Grantee to the propriety of said withdrawal from the performance bond. If a court determines that said withdrawal by the Grantor was improper, the Grantor shall restore the improperly withdrawn amount to the performance bond. (7) The Grantor shall have the right to withdraw amounts from the performance bond to cure any breaches of obligations for which the performance bond acts as security, provided, however, that the Grantor shall not make any withdrawals by reason of any breach for which the Grantee has not been given written notice and an opportunity to cure pursuant to Section 15 of this Ordinance, including notice that the Grantor may make a withdrawal from the performance bond. The withdrawal of amounts from the performance bond shall constitute a credit against the amount of the applicable liability of the Grantee to the Grantor but only to the extent of said withdrawal. 11 > Section 8 -- Service Obligations (A) The Grantee shall make all Cable Services distributed over the System available to all Persons within the Franchise Area who request service, including, without limitation, Marina Harbor and Harbor View Center. Extension to new subdivisions or developments within the Franchise Area shall. be commenced within thirty (30) days after a request for service and service shall be activated within ninety (90) days, unless the Grantor consents to some other time period. (B) Throughout the term of the Franchise, the Grantee shall endeavor to offer to all Subscribers a diversity of video programming services. (C) The Grantee shall not discriminate or permit discrimination between or among any Persons in the availability of Services. it shall be the right of all Persons to receive continuously all available Services insofar as their financial and other obligations to the Grantee are satisfied. (D) The Grantee shall provide one outlet and free expanded basic service to the governmental and institutional facilities located in the Franchise Area that currently receive service, and shall provide such' service to any additional governmental and institutional facilities that can be served by a standard one hundred fifty foot (1501) drop, upon the City's request. Section 9 -- Public Services (A) In accordance with Section 611 of the Cable Act (47 U.S.C. § 531), the Grantee agrees to provide Channel capacity to be designated for public, educational or governmental ("PEG") use and related equipment and facilities, services and/or financial support for the development and use of PEG access as provided in Appendix C. (B) The Grantee shall continue to provide the PEG Channels and related services and related equipment and facilities that it is providing on the Effective Date, as provided in Appendix C. (C) The Grantee shall also provide capital grants for the acquisition, lease or other provision or use of PEG access facilities and equipment, as provided in Appendix C. Section 10 Institutional Network 12 > (A) The Grantee's obligations with respect to the Institutional Network shall be in accordance with Appendix D. (B) The Institutional Network shall be interconnected by the Grantee to the Subscriber Network at the headend or hubs of the System and such other Cable Communications Systems as required by the Grantor. Section 11 -- Fees and Charges (A) General requirements-- (1) The Grantee shall comply at all times with the provisions of the Cable Act and-FCC rules and regulations applicable to rates and charges for any Service and the associated terms and conditions for the provision of any Service. (2) During the term of this Ordinance, the Grantee shall maintain with the Grantor a complete listing of fees, charges, deposits and associated terms and conditions for all Services. (3) The Grantor reserves the right to regulate the rates, fees, charges, deposits and associated terms and conditions for any Service provided pursuant to this Ordinance to the fullest extent permitted by applicable law. (B) In addition to the requirements set forth in Section 7.1 of Appendix E to this Ordinance, not less than thirty (30) days prior to the effective date of any change in any fee, charge, deposit, term or condition (or such shorter period as may upon a showing of good cause be approved by the Responsible Franchising Official), the Grantee shall M submit a revised listing of fees, charges, deposits and associated terms and conditions to the Responsible Franchising Official and (ii) provide written notice of the proposed change to each affected Subscriber. (C) The Grantee shall not discriminate or permit discrimination between or among any Persons in the rates, terms and conditions for any Service, except as set forth below. The foregoing requirements shall not prevent the use of: (i) different charges for residential Subscribers than for nonresidential Subscribers, except with respect to Basic Service; (ii) short-term sales promotions and other short-term discounts or reduced charges; 13 > (iii) reasonable discounts or reduced charges to senior citizens or other economically disadvantaged groups; or (iv) bulk rate arrangements. Section 12 -- Customer Service; Subscriber Bills; and Privacy Protection (A) The Grantee agrees to comply in all respects with the requirements of the customer service standards set forth in Appendix E to this Ordinance. The Grantee shall also comply with all rules and regulations established by the FCC pursuant to Section 532 of the Cable Act (47 U.S.C. § 552). (B) The Grantee shall comply at all times with the provisions of the Cable Act and FCC rules and regulations applicable to Subscriber bills, including, but not limited to, the format and itemization thereof and shall use all reasonable efforts to ensure Subscriber bills are not misleading. (C) The Grantee shall comply at all times with the Subscriber privacy provisions of the Cable Act or other applicable law. The Grantee shall cooperate with the Grantor so as to ensure the Grantor's ability to enforce the terms and conditions of this Ordinance by providing, upon the request of the Responsible Franchising official, such Subscriber information as may be reasonably requested by the Responsible Franchising Official. (D) The Grantee shall comply at all times with FCC rules and regulations applicable to Subscriber equipment and equipment compatibility. Section 13 -- Oversight and Regulation (A) The Grantor shall have the right to oversee, regulate, and periodically inspect the construction, operation, maintenance and upgrade of the System, and all parts thereof, in accordance with the provisions of this Ordinance and applicable law, including the Grantor's police power. (B) When reasonably necessary to the administration or enforcement of the Ordinance, and at the request of the Grantor, the Grantee shall promptly submit'to the Grantor such information as the Grantor may request regarding the Grantee, its financial statements or other financial information, its compliance with any term or condition of this Ordinance, with respect to the System or its operation, any Service distributed over the System, or any activity or function associated with the production or distribution of any Service over the System. < 14 > (C) Throughout the term of the Agreement, the Grantee shall maintain in the Franchise Area, or make available in the Franchise Area within fifteen (15) business days, complete and accurate books of account and records regarding the Grantee's ownership and operation of the System and the provision of Services over the System, including without limitation, books of account and records adequate to enable the Grantee to demonstrate that it is, and throughout the term of this ordinance has been, in compliance with this Ordinance. All such documents pertaining to financial matters which may be the subject of an audit by the Grantor shall be retained by the Grantee for a minimum of five (5) years following termination of this Ordinance. (D) The Grantor's rights of inspection and audit shall include- (1) Upon notice to the Grantee, the Grantor or its designated representatives, shall have the right to examine, when reasonably necessary to the administration or enforcement of the ordinance in the Franchise Area, all books and records pertaining to the Grantee's or any Affiliated Person's ownership or operation of the System or to the Grantee's or Affiliated Person's provision of Services over the System. Further, during normal business hours and upon notice to the Grantee, the Grantor or its designated representatives may inspect and examine any other aspect of the System, including facilities and equipment thereof. (2) Access by the Grantor to any of the documents, records or other information covered by this Section 13(D) shall not be denied by the Grantee on grounds that such documents, records or information are alleged by the Grantee to contain proprietary information, provided that this requirement shall not be deemed to constitute a waiver of the Grantee's right to assert that the proprietary information contained in such documents, records or other information, should not be disclosed and to withhold such information upon the agreement of the Grantor. if the Responsible Franchising Official concurs with the Grantee's assertion regarding the proprietary nature of such information, the Grantor will not disclose such information to any Person, unless required by applicable law or order of governmental authority. If the Responsible Franchising Official does not concur with such assertion, then the Grantee may appeal such decision to the appropriate individuals or bodies within the Grantor in accordance with applicable laws and procedures. If the Grantor does not concur with the Grantee's assertion, or if the Grantee does not appeal, then the Grantee shall promptly provide such documents, including the alleged proprietary portion thereof, to the Grantor, provided that the Grantee shall not be required to provide the proprietary portion thereof during the pendency of any court challenge to such provision. < 15 > (3) The Grantor may conduct a full compliance audit and hold public hearings at any time during the term of the Franchise, provided it gives the Grantee written notice ten (10) days in advance of the commencement of such audits and associated hearings. Section 14 -- Restrictions Against Assignments and Other Transfers (A) The Grantee may not transfer the Franchise or any of the Grantee's rights or obligations in or regarding the System or the Franchise without the prior written consent of the Grantor. Such consent shall not be unreasonably withheld. (B) No change in Control of the Grantee, the System or the Franchise shall occur after the Effective Date, by act of the Grantee or by act of any Person holding Control of the Grantee, the System or the Franchise, by operation of law, or otherwise, without the prior written consent of the Grantor, which consent shall not be unreasonably withheld. (C) Any request for approval shall be handled by the Grantor in accordance with its customary rules and procedures. In connection with any request for approval, the Franchisee shall submit to the Grantor such information as the Grantor may reasonably request. .(D) Notwithstanding anything to the contrary, no such prior consent shall be required for any transfer or assignment to any Person controlling, controlled by or under the same common control as the Grantee (a "qualified Person"). For the purposes of this paragraph (D) the term "control" (including the terms "controlling, 11 "controlled by" and "under common control") means the power or authority to direct or cause the direction of the management and policies of the Grantee. In order for the Grantee to avail itself of this paragraph (d) and implement a transfer or assignment to a qualified Person without the prior consent of the City the Grantee shall deliver to the City at the time of such a transfer or assignment a guarantee from Time Warner Entertainment Company, L.P. in the form attached hereto as Appendix E. Section 15 Specific Rights and Remedies (A) The Grantee agrees that the Grantor shall have the specific rights and remedies set forth in this Section 15. These rights and remedies are in addition to any and all other rights or remedies, now or hereafter available to the Grantor to enforce the provisions of this Ordinance, and will not be deemed waived by the exercise of any other right or remedy. The exercise of any such right or remedy by the Grantor shall not release the Grantee from c 16 a its obligations or any liability under this Ordinance, except as expressly provided for in this Ordinance or as necessary to avoid duplicative recovery from or payments by the Grantee. (P,) Events of default-- (1) The Grantee agrees that an Event of Default shall include, but shall not be limited to, any of the following acts or failures to act by the Grantee: (a) Any substantial failure to comply with any material provision of this Ordinance that is not cured within thirty (30) days after notice pursuant to this Section 15; (b) The occurrence of any event which may reasonably lead to the foreclosure or other similar judicial or nonjudicial sale of all or any material part of the System; (c) The condemnation by a public authority other than the Grantor, or sale or dedication under threat or in lieu of condemnation, of all or any part of the System, the effect of which would materially frustrate or impede the ability of the Grantee to carry out its obligations, and the purposes of this Ordinance; (d) In the event that the Grantee shall suspend or discontinue its business, shall make an assignment for the benefit of creditors, shall fail to pay its debts generally as they become due, shall become insolvent (howsoever such insolvency may be evidenced), shall be adjudicated insolvent, shall petition or apply to any tribunal for, or consent to, the appointment of, or taking possession by, a receiver, custodian liquidator or trustee or similar official pursuant to state or local laws; (e) A persistent failure by the Grantee to comply with any of the provisions, terms or conditions of this Ordinance or with any rules, regulations, orders or other directives of the Grantor after having received notice of a failure to comply. (2) Upon the occurrence of an Event of Default, then, in accordance with the procedures provided in Section 15(8)(3), the Grantor may, at any time during the term of this Ordinance: (a) Draw upon the Performance Bond, as permitted by this Ordinance; and/or 17 > (b) Require the Grantee to take such actions as the Grantor deems appropriate in the circumstances; and/or (c) Seek money damages from the Grantee as compensation for such Event of Default; and/or (d) Seek to obtain the appointment of a court-appointed trustee or similar Person to take any actions which the Grantor deems appropriate in the circumstances; and/or (e) Revoke the Franchise by termination of this ordinance pursuant to this Section 15; and/or (f) Exercise any other remedies that may be available under applicable law. (3) Upon the occurrence of an event of default, the Grantor shall exercise the rights provided in Section 15(B)(2) in accordance with the procedures set forth below: (a) The Responsible Franchising Official shall notify the Grantee, in writing, of an alleged Event of Default, which notice shall specify the alleged Event of .Default with reasonable particularity. The Grantee shall, within thirty (30) days after receipt of such notice or such longer period of time as the Responsible Franchising official may specify in such notice, either cure such alleged Event of Default or, in a written response to the Responsible Franchising official, either present facts and arguments in refutation or excuse of such alleged Event of Default or state that such alleged Event of Default will be cured and set forth the method and time schedule for accomplishing such cure. (b) The Responsible Franchising official shall determine (A) whether an Event of Default has occurred; (B) whether such Event of Default is excusable; and (C) whether such Event of Default has been cured or will be cured by the Grantee. (c) If the Responsible Franchising official determines that an-Event of Default has occurred and that such Event of Default is not excusable and has not been or will not be cured by the Grantee in a manner and in accordance with a schedule reasonably satisfactory to the Responsible Franchising official, then the Responsible Franchising official shall prepare a written report which may recommend the action to be taken by the Grantor's governing body. The Grantor shall provide notice and a copy of such report to the Grantee. In the event that the < 18 > Grantor's governing body determines that such Event of Default has not occurred, or that such Event of Default either has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to the Grantor's governing body, or that such Event of Default is excusable, such determination shall conclude the investigation. (d) If the Grantor's governing body determines that such Event of Default has occurred, and that such Event of Default has not been and will not be cured in a manner and in accordance with a schedule reasonably satisfactory to the Grantor's governing body, and that such Event of Default is not excusable, then the Grantor may take any of the actions provided in section 15(B)(2). (C) In the event of any termination of this ordinance, whether by expiration (where the Grantee does not seek renewal or where renewal is denied) , revocation or otherwise, the Grantor may. (i) direct the Grantee to operate the System on behalf of the Grantor pursuant to the provisions of this ordinance and such additional terms and conditions as are equitable to the Grantor and the Grantee, for a period of up to twelve (12) months; or (ii) order the Grantee to cease all construction and operational activities in a prompt and workmanlike manner. (D) In addition to its rights under section 15(C), upon any termination, the Grantor may issue a removal order directing the Grantee to remove, at the Grantee's sole cost and expense, all or any portion of the System from all Rights-of-Way and other public or nonpublic property within the Franchise Area, subject to the following: (1) in removing the System, or any part thereof, the Grantee shall, at its own expense, refill and compact any excavation it makes, and shall leave the Rights-of-Way and other property, including utility cables, wires and attachments, in as good condition as that prevailing prior to the Grantee's removal of the System; (2) the liability insurance and indemnity provisions of this ordinance shall remain in full force and effect during the period in which the System is being removed and the associated repairs to the Rights-of-Way and other property are being made; and (3) if in the reasonable judgment of the Grantor, the Grantee fails to substantially complete removal, including repair of the Rights-of-Way and other property within twelve (12) months of the Grantor's issuance of a removal order, the Grantor shall have the right to: (A) authorize < 19 a, removal of the System, at the Grantee's cost, by another Person; and (B) declare that all rights, title and interest to the System belong to the Grantor, including any portion of the System not designated for removal, without compensation to the Grantee. The Grantee shall execute and deliver such documents as the Grantor may request, to evidence such ownership by the Grantor. Notwithstanding the foregoing, the Grantee may dispose of any portion of the System not designated by the Grantor for removal during such twelve (12) month period, provided, however, that if the Grantee fails to complete the removal of the portion(s) of the System designated for removal by the Grantor within such period, then all such portion(s) of the System not disposed of and all amounts collected for any portion(s) of the System disposed of by the Grantee during such period shall belong to the Grantor, with no price due to the Grantee. (4) Upon any termination and as an alternative to ordering removal of the System, the Grantor may acquire or effect a transfer to a third party of all or any part of the System and all components thereof necessary to maintain and operate the System pursuant to the terms of this ordinance. (5) The price to be paid to the Grantee upon an acquisition or transfer by the Grantor shall depend upon the nature of the termination as follows: (a) if the Franchise expires without the Grantee seeking renewal or if the renewal is denied, then the price shall be the fair market value of the System valued as a going concern with a deduction for the value allocable to the Franchise itself; and (b) if the termination is due to a revocation of the Franchise for cause, such as the occurrence of an Event of Default as provided in Section 15 (B) , the price shall be an equitable price, considering the injury to the Grantor and the residents of the City of Clearwater and with no value allocable to the Franchise itself. (E) In the event of any acquisition, transfer or Abandonment pursuant to Section 15(D), the Grantee shall: (1) cooperate with the Grantor or third party in maintaining continuity in the distribution of Services to Subscribers over the System; (2) promptly execute all appropriate documents to transfer to the. Grantor or third party title to the System, all components necessary to operate and maintain the c 20 > System, and any rights, contracts, permits or understandings necessary to operate or maintain the System including those necessary to the distribution of Services over the System. All items transferred shall be transferred free of any liabilities, except for the interests in collateral of lending institutions which are secured creditors or mortgagees of the Grantee with respect to the transferred collateral at the time of transfer. With respect to such creditors, the Grantor shall only be obligated to repay any outstanding amounts to the extent of the net operating revenues received by the Grantor from its operation of the System; and (3) promptly supply the Grantor or third person with all records necessary to reflect the change in ownership and to operate and maintain the System. Section 16 -- Liability and Insurance (A) Prior to commencement of construction, but in no event later than sixty (60) days after the effective date of the Franchise and thereafter continuously throughout the duration of the Franchise and any extensions or renewals thereof, the Grantee shall furnish to the City, certificates of insurance, approved by the City, for all types of insurance required under this Section. Failure to furnish said certificates of insurance in a timely manner shall constitute a violation of this ordinance. (B) Neither the provisions of this Section or any damages recovered by the City hereunder, shall be construed to or limit the liability of the Grantee under any Franchise issued hereunder or for damages. (C) All insurance policies maintained pursuant to this ordinance or the Franchise shall contain the following, or a comparable, endorsement: It is hereby understood and agreed that this insurance policy may not be canceled by the insurance company nor the intention not to renew be stated by the insurance company until thirty (30) days after receipt by the City Manager, by certified mail, of a written notice of such intention to cancel or not to renew. (D) The franchise agreement and all contractual liability insurance policies maintained pursuant to this Ordinance or the franchise shall include the following provisions: < 21 a The Franchisee/Grantee/Insured agrees to indemnify, save harmless and defend the City of Clearwater, its officials, agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and reasonable attorney's fees for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen, whether in whole or in part, out of or in connection with the actions or omissions of the grantee. (E) All insurance policies provided under the provisions of this ordinance or the Franchise shall be written by companies authorized to do business in the State of Florida, and approved by the State- Department of Insurance. (F) The City shall be named as an additional named insured on all general liability policies issued to the Grantee. (G) To offset the effects of inflation and to reflect changing liability limits, all of the coverage, limits, and amounts of the insurance provided for herein are subject to reasonable increase at the end of every three (3) year period of the Franchise, applicable to the next three year period, upon the determination of the City; provided at no time shall the grantee be required to provide insurance in amounts or coverage which exceed that commonly provided throughout the Tampa Bay area by cable operators. (H) General Liability Insurance. The Grantee shall maintain, and by it acceptance of any Franchise granted hereunder specifically agrees that it will maintain throughout the term of the Franchise, general liability insurance insuring the Grantee in the minimum of: (1) $500,000 for property damage per occurrence; (2) $500,000 for property damage aggregate; (3) $1,000,000 for personal bodily injury or death to any one person; and (4) $3,000,000 bodily injury or death aggregate per single accident or occurrence. 22 > (I) Such general. liability must include coverage for all of the following: comprehensive form, premises-operations, explosion and collapse hazard, underground hazard, products/completed operations hazard, contractual insurance, broad form property damage, and personal injury. (J) Automobile Liability Insurance. The Grantee shall maintain, and by its acceptance of any Franchise granted hereunder specifically agrees that it will maintain throughout the term of the Franchise, automobile liability insurance for owned, non-owned, or rented vehicles in the minimum amount of: (1) $1,000,000 for bodily injury and consequent death per occurrence; (2) $1,000,000 for bodily injury and consequent death to any one person. (3) $500,000 for property damage per occurrence. (K) Worker's Compensation and Employer's Liability Insurance. The Grantee shall maintain and by its acceptance of any Franchise granted hereunder specifically agrees that it will maintain throughout the term of the Franchise, Worker's Compensation and employer's liability, valid in the State, in the minimum amount of: (1) Statutory limit for Worker's Compensation. (2) $504,000 for employer's liability. Section 17 -- SUBSEQUENT ACTION (A) In the event that, after the Effective Date, any court, agency, commission, legislative body, or other authority of competent jurisdiction: (A) declares this Ordinance invalid, in whole or in part, or (B) requires the Grantee either to: (a) perform any act which is inconsistent with any provision of this Ordinance or (b) cease performing any act required by any provision of this Ordinance, then the Grantee and the Grantor shall enter into good faith negotiations to amend this Ordinance, so as to enable the Grantee to perform obligations and provide Services for the benefit of the Grantor and others equivalent to those immediately prior to such declaration or requirement, to the maximum extent consistent with said declaration or requirement. In connection with such negotiations, the Grantor and the Grantee shall consider whether the circumstances existing at that time are such that the Grantee should continue to perform such obligations or their equivalent. 23 > (B) To the extent that any statute, rule, regulation, ordinance or any other law is enacted, adopted, repealed, amended, modified, changed or interpreted in any way during the term of this ordinance so as to enhance the Grantor's ability to meet the cable-related needs and interests of the community, the Grantor and the Grantee shall negotiate in good faith as to what modifications to this Ordinance or regulation of the System might be appropriate to reflect such enactment, adoption, repeal, amendment, modification, change or interpretation. Section 18 -- Miscellaneous (A) Controlling Authorities. This Ordinance is made with the understanding that its provisions are controlled by the Cable Act, other federal laws, state laws, and all applicable local laws, ordinances, and regulations. (B) Appendices. The Appendices to this Ordinance, attached hereto, and all portions thereof and exhibits thereto, are, except as otherwise specified in such Appendices, incorporated herein by reference and expressly made a part of this ordinance. (C) Enforceability of _Agree ent• No O osition. By execution of this Ordinance, the Grantee acknowledges the validity of the terms and conditions of this Ordinance under applicable law in existence on the Effective Date, and pledges it will not assert in any manner at any time or in any forum that this Ordinance, the Franchise, or the processes and procedures pursuant to which this ordinance was entered into and the Franchise was granted are not consistent with the applicable law in existence on the Effective Date. (D) Notices. All notices shall be in writing and shall be sufficiently given and served upon the other party by first- class mail, registered or certified, return receipt requested, postage prepaid, and addressed as follows: THE GRANTOR: Elizabeth M. Deptula, City Manager City of Clearwater P. O. Box 4748 Clearwater, FL 34616 THE GRANTEE : Time Warner Entertainment -- Advance/Newhouse Partnership General Manager 2350 Drew Street Clearwater, FL 34625 cc: Division 2600 McCormick Clearwater, FL 24 > President Drive, Suite 255 34619 (E) Police Powers. In accepting this Franchise, the Grantee acknowledges that its rights hereunder are subject to the police power of the Grantor to adopt and enforce general ordinances necessary to the safety and welfare of the public; and it agrees to comply with all applicable general laws and ordinances enacted by the Grantor pursuant to such power. Any conflict between the provisions of this Franchise and any other present or future lawful exercise of the Grantors police powers shall be resolved in favor of the latter, except that any such exercise that is not of general application in the jurisdiction or applies exclusively to the Grantee's System or Cable Communications Systems which contain provisions inconsistent with this Franchise shall prevail only if upon such exercise, the Grantor finds an emergency exists constituting a danger to health, safety, property or general welfare or such exercise is mandated by law. (F) Binding Effect. This Ordinance shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted transferees and assigns. All of the provisions of this Ordinance apply to the Grantee, its successors, and assigns. (G) No Waiver.-- Cumulative Remedies. No failure on the part of the Grantor to exercise, and no delay in exercising, any right or remedy hereunder including, without limitation, the rights and remedies set forth in Section 15 of this Ordinance, shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or remedy preclude any other right or remedy, all subject to the conditions and limitations established in this Ordinance. The rights and remedies provided herein including, without limitation, the rights and remedies set forth in Section 15 of this Ordinance, are cumulative and not exclusive of any remedies provided by law, and nothing contained in this Ordinance shall impair any of the rights or remedies of the Grantor under applicable law, subject in each case to the terms and conditions of this Ordinance. (H) Seyerab lity. If any section, subsection, sentence, clause, phrase, or other portion of this Ordinance is, for any reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body, or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent portion. Such declaration shall not affect the validity of the remaining portions hereof, which other portions shall continue in full force and effect. e 25 > (I) No - A en . The Grantee shall conduct the work to be performed pursuant to this Ordinance as an independent contractor and not as an agent of the Grantor. (J) Governing Law. This Ordinance shall be deemed to be executed in the City of Clearwater, Florida, and shall be governed in all respects, including validity, interpretation and effect, and construed in accordance with, the laws of the State of Florida, as applicable to contracts entered into and to be performed entirely within that State. (K) Survival. All representations and warranties contained in this Ordinance shall survive the term of the Agreement. (L) Delegation of Grantor Rights. The Grantor reserves the right to delegate and redelegate, from time to time, any of its rights or obligations under this Ordinance to any body, organization or official. Upon any such delegation or redelegation, references to "Grantor" in this Ordinance shall refer to the body, organization or official to whom such delegation or redelegation has been made. Any such delegation by the Grantor shall be effective upon written notice by the Grantor to the Grantee of such delegation. Upon receipt of such notice by the Grantee, the Grantee shall be bound by all terms and conditions of the delegation not in conflict with this Ordinance. Any such delegation, revocation or redelegation, no matter how often made, shall not be deemed an amendment to this Ordinance or require any consent of the Grantee. (M) Claims Under Agreement. The Grantor and the Grantee, agree that, except to the extent inconsistent with Section 635 of the Cable Act (47 U.S.C. § 555), any and all claims asserted by or against the Grantor arising under this Ordinance or related thereto shall be heard and determined either in a court of the United States located in Tampa, Florida ("Federal Court") or in a court of the State of Florida located in Clearwater, Florida ("Florida State Court"). To effectuate this Ordinance and intent, the Grantee agrees that if the Grantor initiates any action against the Grantee in Federal Court or in Florida State Court, service of process may be made on the Grantee either in person, wherever such Company may be found, or by registered mail addressed to the Grantee at its office in the Franchise Area as required by this Ordinance, or to such other address as the Grantee may provide to the Grantor in writing. (N) Modification. Except as otherwise provided in this Ordinance, any Appendix to this Ordinance, or applicable law, no provision of this Ordinance nor any Appendix to this Ordinance, shall be amended or otherwise modified, in whole or in part, except by an instrument, in writing, duly executed by the Grantor and the Grantee, which amendment shall be authorized on behalf of the < 26 > i 4• ?l t i Grantor through the adoption of an appropriate resolution or order by the Grantor, as required by applicable law. (0) Delays and Failures_ Beyond --C-ontryl of Grandee. Notwithstanding any other provision of this Ordinance, the Grantee shall not be liable for delay in performance of, or failure to perform, in whole or in part, its obligations pursuant to this Ordinance due to strike, war or act of war (whether an actual declaration of war is made or not), insurrection, riot, act of public enemy, accident fire, flood or other act of God, technical failure, sabotage or other events, where the Grantee has exercised all due care in the prevention thereof, to the extent that such causes or other events are beyond the control of the Grantee and such causes or events are without the fault or negligence of the Grantee. In the event that any such delay in performance or failure to perform affects only part of the Grantee's capacity to perform, the Grantee shall perform to the maximum extent it is able to do so and shall take all. steps within its power to correct such cause(s). The Grantee agrees that in correcting such cause(s), it shall take all reasonable steps to do so in as expeditious a manner as possible. The Grantee shall notify the Grantor in writing of the occurrence of an event covered by this Section within five (5) business days of the date upon which the Grantee learns of its occurrence, Section 19 -- Acceptance Grantee shall signify its in writing prior to the City Ordinance by filing such written acceptance of the Franchise terms Commission's approval of this acceptance with the City Clerk. < 27 > i 7 ' r 1 Section 20 -- Effective Date This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey,.Mayor-Commissioner ATTEST: Cynthia E. Goudeau, City Clerk t APPENDIX A THE SYSTEM APPENDIX A L SYSTEM AND CAPACTTY A. System Design. The cable system shall have a 750 MHz design with an average of five hundred (500) homes passed and 6 homerun fibers from the headend or hub to each per node, The plant hardware shall be 1 GHz passives, 1 GHz taps, 1.5 GlIz active platforms, 750 MHz amplifiers and other actives, and 60 volt powering. The system shall be capable of 79 analog channels (50 to 550 fl-1z), 200 MHz is reserved for future use including, but not limited to, digital transmission (550 to 750 MHz) in the forward direction and 5 to 40 MHz in the reverse direction. The rebuilt system shall use all new fiber optics. The system shall be designed so that ninety-five percent (95%) of the time there are no more than five (5) amplifiers in cascade. The system shat! be designed and constructed in accordance with the standards listed below. The following design specifications shall be adhered to. The system shall be operated in accordance with performance standards which meet FCC regulations and specifications. The system has been constructed in compliance with this section and the design standards below, the Grantee's compliance with the performance standards of the FCC shall constitute compliance with the ongoing technical standards required by this Agreement. System Design - Minimum C/N 49 dB XMOD 49 dB CTB 51 dB CSO 50 dB HUM 52 dB B. Compliance with Applicable Law. In constructing, operating and maintaining the system, Grantee shall at all times comply with this agreement and all applicable laws and regulations. C. Drops. All drops shall meet the standards of the National Electric Code, and meet design specifications in A above. The system shat! be designed to allow each subscriber drop to provide service to two (2) television outlets. D. Equipment Quality. Equipment used for the distribution system, headend and reception facilities shall be of good and durable quality and be serviced and repaired on a regular basis and shall at all times be of equal or better quality than the following equipment. The Franchisee shall make the final determination of what constitutes equal or better equipment. A-1 Fiber Qwio. fig; Aerial: Underground: Drop: TrunkAmliters' Trunk EMCnders: werSQl Splitterse S3ibudber Tangy moors: Pcdcstal3; Siecor - loose tube, armored Sumitomo - loose tube, armored Trilogy JAF MC2 Trilogy JBMC2 Trilogy RG 6, quad shield Jerrold: BTD-75SH-SX MB-750-H Jerrold: JLX-7-750P/LC Power Guard SLL Jerrold Jerrold LRC Pin SSP-K FFT-K Channel Commercial Cony-crters to Other _Suhgcribgr,QuiRment: General Instruments DPBB7514-58, CF172224 E. Converters. Grantee shall provide the converters specified in this Agreement to subscn'bers utniizing converters within ninety (90) days of completion of the upgrade. Grantee shall not scramble the basic tier. F., Emergency Alert. Grantee shall continue to provide an all-channel audio-only emergency alert system for use by the City. The Grantee shall arrange to have the emergency alert system tested at least once each year. The Grantee shall make records of such tests available for inspection by the City. The Company shall provide an automatic tone that shall commence emergency broadcast. Emergency messages shall be able to the initiated from any touch-tone phone with an access code. The emergency alert service shall be upgraded throughout the Franchise term as set forth in FCC rules, regulations, or guidelines. Notwithstanding the foregoing, Grantee shall maintain throughout the term of this Agreement the capacity for the City to access the emergency alert system and shall not claim the City's rights hereunder have been preempted by federal or state law. 0. Ongoing Preventative Maintenance. Grantee shall comply with the FCC preventative maintenance program. Grantee shall sweep and balance the trunk. FCC proof-of-performance tests A-2 shall be performed. All optical node actives shall be checked and balanced including laser outputs/receiver inputs. Grantee shall perform leakage monitoring on the system. The entire system shall be monitored for signal leakage. Subscriber drops with leaks exceeding the FCC's standards (maximum 20UV per meter at 10) are promptly replaced. H. Interference on Channel 8. Grantee shall use its good faith during the rebuild to minimize interference on Channel 8. 1. Standby Power. Grantee shall provide a twenty-four (24) hour power-generating capacity at the headend. Grantee shall maintain standby power system supplies, rated for at least two (2.0) hours duration at all optical node locations in the distribution network. 3. Parental Control. Grantee shall provide to subscribers, upon request, parental control devices that allow any channel or channels to be locked out. Upon request, Grantee will, at no cost to the subscriber, provide devices that will block out the audio and video of any channels carrying predominately adult programming. K. Performance Testing. Grantee shall perform all system tests and maintenance procedures as required by and in accordance with: the FCC; this Agreement; Grantee's standards of good operating practice; and the National Cable Television Association's test procedure guidelines. L. Technical Standards. The cable communications system permitted to be operated hereunder shall be installed and operated in conformance with this Agreement, National Electric Code, OSHA Rules and Regulations, Bellcore "Blue Book' manual of construction practices, where applicable to cable system construction, and FCC rules and regulations. M. Employee Identification. Grantee shall provide a standard identification document to all field employees, including employees of subcontractors, who shall be in contact with the public. Such documents shall include a telephone number than can be used to verify identification. In addition, Grantee shall use its good faith efforts to clearly identify all field personnel, vehicles, and other major equipment that are operating under the authority of Grantee. N. Stereo. The system shall have the capability and shall provide Broadcast Television Systems Committee (BTSC) stereo signals on all satellite, broadcast and local services that transmit them. 0. State of the Art. Throughout the term of the Franchise, Grantee shall construct, operate, maintain and upgrade the cable system in order to ensure that it continuously conforms to the State of the Art. Notwithstanding anything to the contrary, this paragraph O shall not be enforced against the Grantee at any time the Grantee is subject to effective competition as defined by federal law. A-3 II. CONSTRUCTION A. System Design Review. The City shall have the authority to review the technical design plans of the system to ensure that the system design meets the requirements of this Agreement, as well as applicable portions of the City Code governing construction within public rights-of-way. On a case by case basis, Grantee may use existing coaxial cable which meets manufacturer specifications. B. Underground Construction. Grantee shall participate in and use an underground utility locator program and ensure that the cable is buried at a depth specified by City regulations. Temporary drops shall be buried within one month of installation, weather permitting. Grantee shall comply with the City's ten (10) year plan to have cable and utilities placed underground. Grantee in accordance with such plan shall at its expense, remove, relay, and relocate its equipment, provided, however, that other utilities are similarly required to do such work at their own cost and expense. C. Cable Drops and Monthly Service. Grantee shall provide one free cable drop and free, basic and tier services, excluding premium services, audio services, and pay-per-view to public buildings already provided with free drops, on the effective date of this Agreement, and at any other public buildings passed by the system, and designated by the City. D. Right of Inspections. The City shall have the right to inspect any construction and installation work performed subject to the provisions of this Agreement, and shall make such tests as it shall find necessary to ensure compliance with the terms of this Agreement and other pertinent provisions of the law over which the City has jurisdiction. E. Business Extensions. Grantee shall extend its cable system and make cable service available to every business in the franchise area in any case where the business subscriber agrees to pay for the labor costs incurred and materials used in making the extension. Provided, however, if the business subscriber is within one-hundred and fifty feet (150') of the cable system, the business shall pay only the normal installation fee. F. Clearwater Marina. Grantee shall extend its cable service to the Clearwater Marina and the Harbor Master in accordance with the service agreement between the City and the Grantee. A-4 APPENDIX B Terms and Conditions Applicable to WoAc on the System ti. 40 APPENDIX B Terms and Conditions Applicable to Work on the System General Requirement. The Grantee certifies that the System as upgraded as of the Effective Date, complies with the construction and technical requirements contemplated by Appendix A to this Ordinance. The Grantee agrees to comply with each of the terms set forth in this Appendix B and in Appendix A to this. Ordinance governing construction and technical requirements for the System, in addition to any other requirements or procedures reasonably specified by the Grantor pursuant to its police power or as otherwise permitted by applicable law. Quality. All work involved in the construction, operation, maintenance, repair, upgrade, and removal of the System shall be performed in a safe, thorough and reliable manner using materials of good and durable quality. If, at any time, a reasonable determination is made by the Grantor or any other agency or authority of competent jurisdiction that any part of the System, including, without limitation, any means used to distribute Signals over or within the System, is harmful to the health or safety of any Person, then the Grantee shall, at its own cost and expense, promptly correct all such conditions. Licenses and Permits. The Grantee shall have the sole responsibility for diligently obtaining, at its own cost and expense, all permits, licenses, or other forms of approval or authorization necessary to construct, operate, maintain, repair or upgrade the System, or any part thereof, prior to commencement of any such activity. New Grades or Lines. If the grades or lines of any Street within the Franchise Area are changed at any time during the term of this Ordinance, then the Grantee shall, at its own cost and expense and upon reasonable written notification and request of the Grantor, protect or promptly alter or relocate the System, or any part thereof, so as to conform with such new grades or lines. In the event that the Grantee refuses or neglects to so protect, alter, or relocate all or part of the System, following notice to do so, the Grantor shall have the right to break through, remove, alter, or relocate all or any part of the System without any liability to the Grantee, any Affiliated Person or any other Person, and the Grantee shall pay to the Grantor the documented costs incurred in connection with such breaking through, removal, alteration, or relocation. Protect Structures. In'connection with the construction, operation, maintenance, repair, upgrade, or removal of the System, the Grantee shall, at its own cost and expense, protect any and all existing structures belonging to the Grantor and all designated landmarks. The Grantee shall obtain the prior approval of the Grantor before altering any water main, sewerage or drainage system, or any other municipal structure in the Rights-of-Way required because of die presence of the System in the Rights-of- Way. Any such alteration shall be made by the Grantee, at its sole cost and expense, and in any reasonable manner prescribed by the Grantor. The Grantee agrees that it shall be liable, at its own cost and expense, to replace or repair and restore to a condition as good as that prevailing before said work and, in any reasonable manner as may be specified by the Grantor, any Street or any municipal structure involved in the construction, operation, maintenance, repair, upgrade or removal of the System that may become disturbed or damaged as a result of any work thereon by or on behalf of the Grantee pursuant to C B-1 > • this Ordinance, No Obstruction. In connection with the construction, operation, maintenance, repair, upgrade, or removal of the System, the Grantee shall not obstruct the Rights-of-Way, subways, railways, passenger travel, river navigation, or other traffic to, from, or within the Franchise Area without the prior consent of the appropriate authorities. Movement of Wires. The Grantee shall, upon prior written notice by the Grantor or any Person holding a permit to move any structure, temporarily move its wires to permit the moving of said structure. The Grantee may impose a reasonable charge (which may require advance payment in appropriate circumstances) on any Person other than the Grantor for any such movement of its wires. Safety Precautlons. The Grantee shall, at its own cost and expense, undertake all necessary and appropriate efforts to prevent accidents at its work sites, including the placing and maintenance of proper guards, fences, barricades, watchmen, and suitable and sufficient lighting. Moving Wires. The Grantor may, in case of fire, disaster, or other such emergency, as reasonably determined by the Grantor, in its sole discretion, cut or move any of the wires, cables, amplifiers, appliances, or other parts of the System, in which event the Grantor shall not incur any liability to the Grantee, any Affiliated Person or any other Person. The Grantor shall take reasonable efforts to consult the Grantee prior to any such cutting or movement of its wires, and the Grantee shall be given the opportunity to perform such work itself. All documented costs to repair or replace such wires, cables, amplifiers, appliances or other parts of the System shall be borne by the Grantee. No LlabIk fnr Public Work, etc. Neither the Grantor nor its officers, employees, agents, attorneys, consultants or independent contractors shall have any liability to the Grantee or any Affiliated Person for any liability as a result of or in connection with the protection, breaking through, movement, removal, alteration, or relocation of any part of the System by or on behalf of the Grantee or the Grantor in connection with any emergency, public work, public improvement, alteration of any municipal structure, any change in the grade or line of any Street, or the elimination, discontinuation, and closing of any Street. <B•2> t' r}" trY, .: yfi... S: t' :t r APPENDIX C PEG MATTERS t 3 ?rrr APPENDIX C 1. ACCESS CHANNELS, EQUIPMENT, FACILITIES, AND SERVICES. In order to develop and promote educational, government access, and local programming for the system's access channels, Franchisee hereby agrees to provide the following: A. Access Channels. During and after the rebuild, Franchisee shall provide the following number of dedicated access channels: two (2) channels for government access (one for the City of Clearwater and one'for Pinellas County) and one (1) additional digital channel upon the City's request to be used by the City for local government access, once Grantor provides programming generally con a digital basis; one (1) channel for public access; and two (2) channels for educational access tone for the Pinellas County Scho??l District and one for the St. Petersburg Junior College). Suci: channels shall be used exclusively for purposes of public, educational and governmental access programming on a non- commercial, not-for-profit basis. All active access channels shall be placed on the basic tier of service, unless both parties mutually agree otherwise. B. Government Access Equipment and Facilities. Franchisee agrees to provide a matching grant of one-hundred thousand dollars ($100,000) to the City for purchase of access equipment within one (1) month of the effective date of this Agreement. The parties agree that such grant of funds for initial government access equipment shall not be deducted from the franchise fee. C. Government Access Equipment Replacement. On or before December 1, 2003 the Franchisee shall provide the City with a government access equipment grant in an amount equal to $2.50 times the number of subscribers to the system as of October 21, 2003. The parties agree that such grant of funds for government access equipment replacement shall not be deducted from the franchise fee. D. Public Access Facilities, Equipment and Services. Franchisee agrees to continue to provide the same quality and level of public access services, facilities, and equipment as provided the year preceding the effective date of the franchise. Public access equipment and facilities shall be maintained and replaced in the same manner as during the previous franchise. The parties agree that such funds shall not be deducted from. the franchise fee . The level of public access services, facilities, and equipment provided on the effective date of this Agreement is included in this Appendix. 3 F 4 i i, The City agrees to review these public access obligations within three months of Franchisee's renewal of its cable television franchise agreement in the County of Pinellas. If as' a result of that renewal, public access requirements are established which provide substantially the same public access benefits to the City residents that the City residents enjoy on the effective date of this ordinance, then Franchisee's public access obligation to the City under this ordinance shall, be deemed satisfied, so long as the County obligations are satisfied and so long as they continue to provide public access benefits to the City residents that are substantially the same as the City residents enjoy on the effective date. If, as a result of the renewal of Franchisee's franchise with the County of Pinellas, the city reasonably determines, following a public hearing, that the public access benefits enjoyed by the City residents are materially reduced then the Franchisee shall pay the amounts below with payment being made within ten working days following the public hearing (prorated based on the number of weeks remaining in the franchise year) and on each anniversary date of the effective date of the Franchise Ordinance thereafter. FRANCHYSE YEAR AMOUNT 1 $ 50,000 2 $ 50,000 3 $ 75,000 4 $ 75,000 5 $100,000 6 $100,000 7 $100,040 8 $100,000 5. $125,000 10 $125,000 11 $150,000 12 $150,000 13 $150,000 14 $150,000 15 $150,000 Any such payments shall be reduced by ,(i) the portion of all of Franchisee's public access costs (direct and indirect as reasonably approved by the city) allocable to the City (subject to audit by the City) derived by multiplying such costs by a fraction, the numerator of which is the number of subscribers in the City one month before such payment is due and the denominator of which is the total number of Franchisee's subscribers in Pinellas County as of such date who are offered public access programming and (ii) the annual costs of providing the services and equipment described in subparagraphs F and G below. - 2 - Until the Franchisee has renewed its franchise with the County of Pinellas, the City shall pay to Franchisee within 30 days of adoption of this Ordinance and on the next two anniversaries $50,000, and $75,000 on each anniversary for the remaining term. After the fifth year, this payment shall be adjusted based on the U. S. Department of Commerce "National Consumer Price Index" for all Urban Consumers, U. S. City Average (CPI-U) indicator, and shall be determined by dividing the CPI-U indicator from the most recently published indicator prior to the payment date, by the CPI- U January indicator published one year prior to the adjustment date, and multiplying the resultant number by the payment amount. In lieu thereof, any time after the 3rd franchise year the City may upon its own initiative audit all of the costs (direct and indirect) of Franchisee in providing public access, in which event, the City shall pay on such date one-half of all such costs to Franchisee. In the event that Franchisee at any time becomes the sole cable franchisee in Clearwater, City shall have no obligation under this paragraph. E. Educational. Access. If the public schools or other educational institutions in the County of Pinellas receive educational access equipment, services, programming and facilities in excess of that provided to the public schools or other educational institutions in the City of Clearwater, the Franchisee shall provide additional educational equipment, services, programming, and facilities to the public schools or other educational institutions in the City of Clearwater such that the City receives equipment, services, programming and facilities equivalent on a per school basis to that provided in the County of Pinellas. Franchisee may donate used equipment or services or otherwise assist schools on a voluntary basis as a part of Franchisee's community involvement without triggering the provisions of the preceding sentence. Both parties agree that all such educational access equipment, services, programming and facilities will not be deducted from the franchise fee. F. Mobile Van. Upon reasonable notice, Franchisee agrees to provide the City with use of the Franchisee's local origination van three (3) times per year for the production of Government access programming. The mobile van will be in good working order and will be staffed with the Franchisee's local origination personnel. Provided, however, that if in the Franchisee's business judgment, the Van is no longer to be operated by the franchisee, then the City will be compensated for the lost support as follows: 3 van usages @ $ 2,000 each = $ 6,000 - 3 - G. On-site Access Services. Franchisee agrees, at its own cost, to provide the City with nine (9) hours per week of Franchisee's local origination staff time for the duration of the franchise term. Such personnel shall be available on-site at the City and be qualified to assist the City in government access production in accordance with the production needs of the City. Provided, however, that if in the Franchisee's business judgment, the relevant personnel no longer work for the Franchisee, then the City will be compensated for the lost support as follows: 9 hrs X 52 wks x $20 per hr =.$9,360 H. Publicity. Franchisee shall actively promote ongoing community awareness of public, educational and government access channels, and public access facilities and training opportunities for public and educational access, at a minimum in its program guides containing listings of the local off-air broadcast signals in the Franchisee's basic service tier, provided that the publisher of any such guide consents to the inclusion of information, at no cost to the Franchisee, concerning public, educational and governmental access programming carried by the Franchisee based upon the good faith efforts of the Franchisee to secure such listings, in an annual bill stuffer, and in public service announcements supplied by Franchisor, all in such places and at such times as Franchisee in its sole discretion shall determine, and Franchisee shall provide Franchisor, on request, with a summary of its activities in this regard. 2. Optical Transmission Equipment. The Franchisee agrees to provide one (1) digital, optical transmission package to the City at Franchisee's cost, if necessary to originate programming. J. Signal Quality. Franchisee shall ensure that the access channel delivery system from all origination sites, specified herein and in Appendix D, meet the same technical standards as the remainder of the system as set forth in Appendix B. The origination points at the Municipal Service Building and City Hall shall be swept and balanced regularly. K. Origination Sites. The Franchisee, at no charge, agrees to construct an origination line from the Municipal Services Building within six (6) months of the effective date of this Agreement. The Franchisee shall maintain and/or replace and maintain throughout the franchise term, origination lines in existence upon the effective date of this Agreement, and the origination line from the Municipal Services Building. - 4 - II. INTERCONNECTION A. County Interconnection. Franchisee shall incorporate features into the cable system to allow the institutions at origination sites to interconnect with the public, educational, and government access channels on Franchisee's County cable system or other cable systems operated by the Franchisee or its parent company or the successors in title so long as the same are commonly owned which shall be or are interconnected through Franchisee's fiber optic system. At such time as it has the technical capability to do so, Franchisee shall provide, free of charge, as requested by institutions at origination sites, the capacity on the network and switching technology to allow public, educational and government access video transmissions (programming) to be provided from the communities served by Franchisee's fiber optic network to Clearwater and from Clearwater to the other communities so served. B. City Interconnection. Franchisee shall interconnect the public, educational, and government access channels with any other cable system franchised in the City to allow public, educational and government access video transmissions (programming) to be provided from the Franchisee's cable system to such other cable system and such other cable system to the other on the Franchisee's cable system. Such interconnection shall be completed within one (1) year from an agreement.. - 5 - APPENDIX C COMMUNITY ACCESS EQUIPMENT Audio Consoles Yamaha - 12 Input 2 Camera Control Units Hitachi 4 C-1 Chip Cameras Hitachi 8 Switchers Sony - 8 Input 2 Videotape Recorders 314 Inch 12 Portable VTRs 314 Inch 3 Edit Controllers Sony 2 Time Base Correctors Industrial 4 Character Generators Industrial 2 Distribution Amplifiers Ditech 4 Monitors Industrial 12 CD Players Standard Video Tech C.D. 2 Tripods Bogen 8 Router Ditech 1 Signal Scopes Techtronics 4 Set Lights (various) Lee Colortran & Cowell 15 CYC Curtain & Tracks Standard Issue 2 Machine Racks Standard Issue 12 All equipment is of industrial quality as measured on a scale from lowest to highest quality: Home, Industrial, Broadcast. The Community Access studio will be avalladle for the use of Clearwater residents a minimum of 40 hours per week, including some evening and weekend hours. i t it S 71 i APPENDIX D FRANCHISEE'S OBLIGATIONS WITH RESPECT TO INSTITUTIONAL NETWORK 11 l t f y:. r 1 J •? 7lF• A „- ?F ' i" S{: i" 255. APPENDIX D FRANCHISEE'S OBLIGATIONS WITH RESPECT TO INSTITUTIONAL-NETWORK APPENDIX D 1. INSTITUTIONAL NETWORK A. I-Net. Except as provided herein, Franchisee shall, at its own cost, maintain and replace, as needed, the institutional network to the sites which are a part of the institutional network as of the effective date of this Agreement. The City may relieve the Franchisee of this requirement in writing at any time during the term of the Franchise. Franchisee agrees not to charge subscribers, the City or other institutions with institutional network sites for their noncommercial use of the institutional network for video program distribution, training, data transmission, and other applications (such as energy management). B. End User Equipment. The City and such institutions shall purchase all necessary end user equipment for data transmission and other applications. C. Interconnection with Subscriber Network. The institutional network shall permit institutions to transmit programming via upstream, institutional channels to access channels on the residential subscriber network. Franchisee's system shall be capable of switching from the upstream channels to the downstream residential subscriber network and shall allow for switching between the Municipal Services Building, City Hall and other institutional network originating locations. D. Design, Each origination site on the institutional network shall be able to originate transmissions simultaneously when economically and technically feasible and viable. The design of the institutional network shall be the same as that on the effective date of this Agreement or better. The Franchisee shall work cooperatively with the City to design any institutional network construction to meet the needs of the City. E. Future Construction. At any time during the franchise term, the City may require Franchisee to construct: extensions to the coaxial cable institutional network in existence on the effective dare of the franchise. At least ninety (90) days prior to requested construction, the Franchisee shall provide to the city for its review and approval, a quotation of costs and schedules for institutional network construction and installation. The City will be charged for the construction of institutional network facilities based on the Franchisee's direct costs of labor and materials as specified below. For institutional network construction in locations served by the institutional network in existence the effective date of the franchise, the City will be charged for one-hundred percent (100) of the direct cost incurred by the Franchisee. F. Time Warner will continue to own and perform routine maintenance on the existing Institutional Network. All extraordinary maintenance (i.e., replacement of cable and electronics) will be done on a time and material basis, payable by the City. In situations where Time Warner also has to replace cable or electronics at the same time, no labor costs will be passed on to the City. The City will pay for any improvements to the I-Net. G. Use. The I-Net shall be a closed circuit loop network dedicated for the non-commercial use of the City. Provided, however, that if the City wishes to interconnect the I- Net directly to a public switched network, then the following shall apply: 1. if Franchisee (or a business affiliate of Franchisee) offers the service sought to be accessed by city by interconnecting to the public switched network, then the City shall purchase such service from the Franchisee (or its affiliate) at a discount of 10t from the lowest rates charged by Franchisee (or its affiliate) for such service, if such a discount is allowed by applicable law. If such a discount is not allowed by applicable law, the service shall be furnished at the lowest rate of Franchisee (or its affiliate). 2. If Franchisee (or a business affiliate of Franchisee) does not offer the service sought to be accessed by City by interconnecting to the public switched network, then the City may purchase such service from a third party, provided, however, at such time as Franchisee (or a business affiliate of Franchisee) such service, then the City shall purchase such service from the Franchisee (or its affiliate) at a discount of 10!5 from the lowest rates charged by Franchisee (or its affiliate) for such service, if such a discount is allowed by applicable law. If such a discount is not allowed by applicable law, the service shall be furnished at the lowest rate of Franchisee (or its affiliate). Provided, however, that the City shall not be required to purchase such service from Franchisee (or business affiliate of Franchisee) if the cost is substantially higher than the City is currently paying. 3. If the City interconnects the I-Net directly to a public switched network and purchases service from a third party, then the City shall from and after the date of such interconnection, commence reimbursing Franchisee for the incremental cost of all routine maintenance on the existing I-Net, in addition to making the other payments described in paragraph F above. The reimbursement for routine maintenance shall cease, and the provisions of paragraph F shall be reinstated, at such time as the-City is no longer interconnected to the public switched network of a third party. 2 v. h:;r "1 •4' ,!: to .. lr .. .1 .c • +Ir I •?n•F. F'. , i.; ??ps '-Za'. err :? . hrti. APPENDIX E Customer Service Standards lCity of Clearwater) i f "s i APPENDIX E CUSTOMER SERVICE STANDARDS INDEX i SECTION 1 SOLICITATION OF SUBSCRIPTIONS .............. E-1 SECTION 2 TRAINING OF EMPLOYEES; TELEPHONES ......... E-3 SECTION 3 BU LING ................................ E-k SECTION 4 EQUIPMENT PROVIDED BY The Grange ........... E--6 SECTION S OUTAGE CORRECTION AND REPAIR SERVICE ...... E-6 SECTION 6 SUBSCRIBER COMPLAINTS .................... E-8 SECTION 7 NOTICE ................................... E-9 SECTION 8 TERMINATION OF SERVICE AND DISCONNECTION ....................... E-9 SECTION 9 CREDITS AND REFUNDS ...................... E--10 SECTION IQ NSCELLANEOUS REQUIRE [ENTS ............... E-11 SECTION I I FAII.URE TO COMPLY WITH THESE REQUIREMENTS ....................... E-12 SECTION 12 DEFINITIONS .............................. E--12 <-i-> 14 L I. I APPENDIX E CUSTOMER SERVICE STANDARDS SECTION I SOLICITATION OF SUBSCRIMONS 1.1 RuhtcrinHnn infnrnt firm, 1.1.1 Before providing any sen+ice to any Subscriber and upon request by any customer thereafter, the Grantee shall provide the following subscription information a. a description of the Cable Services provided by the Grantee, accompanied by a listing of the charges for each such service, either alone or in combination; b. a listing of all rates, terms and conditions for each Cable Service or tier of Cable Service, both alone and in combination, and all other charges, such as for returned checks and for relocating cable outlets; C. instructions on how to use other communications devices which may be used in conjunction with the System; d. a description of the Grantee's billing and collection procedures; e. the procedure for the resolution of billing disputes, including the telephone number of the City of Clearwater office Subscribers may call with regard to billing disputes, as specified by the Grantor; f. a description of the Grantee's policies concerning credits for outages and reception problems, consistent with these consumer protection standards; g. an explanation of the procedures and charges, if any, for upgrading, downgrading or disconnecting services, consistent with these consumer protection standards; h. the required time periods for the completion of installation requests, consistent with these consumer protection standards, and an indication of the penalties for failure to complete installation within such time periods; i. the complaint resolution process; < e-r > j. the procedures by which the Subscriber will be notified of any rate ' increase; k. the local numbers for the Grantee's Subscriber service telephone system; and 1. a description of significant rights accorded to the Subscriber pursuant to applicable law. 1. 1.2 The Grantee shall deliver copies of all such subscription information to the Grantor within three (3) days after distributing it to the first Subscriber or potential Subscriber so that the Grantor may ensure that the information contained therein comports with these consumer protection standards and is not misleading. If the Grantor determines that such information does not comport with these consumer protection standards or this Ordinance or is misleading, the Grantor may order the Grantee to submit to any Subscriber or potential Subscriber corrected subscription information. The Grantee agrees that the Grantor assumes no liability for the subscription information by virtue of its review of such information. 1.2 Right of . Anyone who requests the installation of Cable Service from the Grantee shall have the right to rescind such request at any time prior to the point in time at which physical installation upon the premises begins. Anyone who requests a particular service from the Grantee shall have the same right of rescission, except that such right shall expire once the requested service is actually received by such Person. 1.3 Marker 1.9hamAng-C"onUeger NA T . The Grantee will provide Subscribers with a dial location card for all Cable Services when channel line-up changes, at the time of installation and upon request thereafter. 1.4 ltacedure for Ingtallatinn 1.4.1 Under normal operating conditions, the standards in this Section shall be met no less than ninety-five percent (95 %) of the time as measured on an annual basis. 1.4.2 Once a request for Cable Service is received, the Grantee shall either set a specific appointment time or specify a four (4) hour time block during normal business hours, as requested by the Subscriber or potential Subscnber, during which the Grantee's work crew shall install the necessary equipment to receive service. The Grantee may schedule installation activities outside of normal business hours for the express convenience of the Subscriber. 1.4.3 Unless a later date is requested by a potential Subscriber, the Grantee shall complete installation of service for any new Subscriber within seven (7) business days after any such request is received, where the installation is located up to 125 feet from the existing distribution system. < E-2 > j.$ RrrnrAa nF Arniip<f< for Cable St--r%d 1.5.1 'lie Grantee shall keep records capable of showing all requests for Cable Service, which shall contain, with respect to each request for service, the name and address of the Person requesting service, the date on which service was requested, the date and appointment period on which service was scheduled to be provided and the date and appointment period service was actually provided. These records shall be assembled continuously and made available to the Grantor in summary form and in a legible format. 1.5.2 Any information in the records required by Section 1.5.1 of this Appendix may be destroyed rive (5) years after such information was collected, unless the Grantor authorizes the Grantee, in writing, to destroy any information required by Section 1.5.1 of this Appendix. prior to the expiration of such five (5) year period. SECTION 2 TRMNING OF EMPLOYEES; TELEPHONES 2.1 Tra?iniin _of Employees 2.1.1 Each field employee of the Grantee who may come into contact with members of the public at their places of residence shall: (i) wear a Company-provided uniform identifying the Grantee; (v) use a vehicle appropriately identifying the Grantee; (iii) wear a picture t identification card indicating his or her employment with the Grantee. Each such employee shall -also be trained to perform efficiently the various tasks, including responding to consumer inquiries and complaints, necessary to provide consumer services in a responsible and courteous manner. 2.1.2 All Company employees shall identify themselves by first name when answering Company telephone lines routinely used by members of the public. 2.2 Telephone I ines. The Grantee shall have local telephone lines for receiving requests for repair or installation services, for reporting outages and for responding to billing questions. Repair lines shall be answered twenty-four (24) hours per day, seven (7) days per week. 2.3 System. Standard of S?cv? for the TAepbane At the commencement of the term of this Ordinance, the telephone system shall have, at a minimum, enough incoming lines and adequate staff to process incoming calls such that telephone answer time, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. Subscribers shall receive a busy signal less than three percent (395) of the time. <E3 > 2.4 Cnmpliancr. The standards in Section 2.2 and 2.3 of this Appendix shall be met no less than ninety percent (90%) of the time under normal operating conditions, measured on a n annual basis. The Grantee will not be require to acquire equipment or perform surveys to measure compliance with the telephone answering standards unless a historical record of complaints indicate a clear failure to comply. SECTION 3 BILLING 3.1 lbe- Fnrmat of a .I; 5ctibe-r'-q Bill 3.1.1 The bill shall be designed in such a way as to present the information contained therein clearly and comprehensibly to Subscribers. 3.1.2 The bill shall contain itemized charges for each category of Service and equipment and any installation of equipment or facilities and monthly use thereof (together, 'Equipment") for which a charge is imposed Cincluding late charges, if any), an explicit due date, the name and address of the Grantee and telephone number for the Grantee's office responsible for inquiries and billing, the telephone number specified by the Grantor for the resolution of billing disputes, and the FCC Community Unit Identifier Number. The bill shall state the billing period, amount of current billing and appropriate credits or past due balances, if any. 3.1.3 The Grantee shall not charge a potential Subscriber or Subscriber for any Service or Equipment that the Subscriber has not affirmatively requested by name. A Subscriber's failure to refuse a cable operator's proposal to provide such Service or Equipment shall not be deemed to be an affirmative request for such Service or Equipment. 3.2 Procedures. Rilling All bills shall be rendered monthly, unless otherwise authorized by the Subscriber, or unless service was provided for less than one (1) month. 33 Prneft1tiTMa for rollecflng Late gills 3.3.1 No bill shall be due less than fifteen (15) days from the date of the mailing of the bill by the Grantee to the Subscriber. 3.3.2 A bill shall not be considered delinquent until at least thirty (30) days have elapsed from the mailing of the bill to the Subscriber and payment has not been received by the Grantee, provided that no bill shall be mailed more than fifteen (15) days prior to the date services covered by such bill commence, except in cases where a Subscriber requests advance billing. Late fees will not exceed grantee's average cost of collecting delinquent accounts. < E-4 > 3.3.3 The Grantee shall not physically or electronically discontinue service for nonpayment of bills rendered for service until: (i) the Subscriber is delinquent in payment for service; and (ii) at least five (5) days have elapsed after a separate written notice of impending discontinuance has been served personally upon a Subscriber; or (iii) at least eight (8) days have elapsed after mailing to the Subscriber a separate written notice of impending discontinuance (For which postage is paid by the Grantee), addressed to such Person at the premises where the Subscriber requests billing; or Civ) at least five (5) days have elapsed after a Subscriber has either signed for or refused a certified letter (postage to be paid by the Grantee) containing a separate written notice of impending discontinuance addressed to such Person at the premises where the Subscriber requests billing. Notice of Service discontinuance must clearly state the amount in arrears, the total amount required to be paid to avoid discontinuance of service, reconnection charges if applicable, and the date by which such payment must be made. 3.4 Procedure for the Resolution 3.4.1 The billing dispute resolution procedure shall be initiated once a Subscriber contacts the Grantee's department which handles billing questions or the Grantor, orally or in writing, so long as such contact occurs within thirty (30) days from the date of receipt of the bill by the Subscriber. If the Subscriber contacts the Grantor, the Grantor shall notify the Grantee, by mail, by telephone or by electronic means, that the dispute resolution procedure has been initiated and the Grantee shall then contact the Subscriber to discuss the dispute. ' 3.4.2 The Subscriber shall not be required to pay the disputed portion of the bill until the dispute is resolved. The Grantee shall not apply finance charges, issue delinquency or termination notices, or initiate collection procedures for the disputed portion of the bill pending resolution of the dispute. 3.4.3 The Grantee shall promptly undertake whatever review is necessary to resolve the dispute, and shall notify the Subscriber of the results of the review as soon as it is completed, but in no case later than twenty (20) business days after receipt from the Subscriber of the billing dispute, problem or complaint notification. 3.4.4 The Grantee shall notify the Subscriber of its proposed resolution of the billing dispute. t 8-S > 3.5 Referral of Delinquent Accounts to a C_nifeCtioEt Ag,nr -- 3.5.1 If the billing dispute resolution procedures have not been initiated, the delinquent account may be referred to a private collection agency for appropriate action no sooner than thirty (30) business days after it becomes delinquent. 3.5.2 If the billing dispute resolution procedures have been initiated, the delinquent account shall not be referred to a collection agency prior to ten (10) business days after the conclusion of those procedures, including any appeal to the Grantor. SECTION 4 EQUIPMENT PROVIDED BY The Grantee 4.1 Types of Equipment Tn Be Prnvirlcl 4. 1.1 The Grantee shall supply a closed caption decoder to any hearing impaired Subscriber who requests one at a charge not to exceed the Grantee's cost. 4.1.2 The Grantee shall comply with all rules and regulations promulgated by the FCC pursuant to Sections 623 and 624A of the Cable Act (47 U.S.C. §§ 543 and 544a). 4.2 . 4.2.1 The Grantee may require deposits on certain Equipment it provides to Subscribers, provided that all such deposits shall be placed in an interest bearing escrow account for the Subscribers, which deposit shall bear a reasonable interest rate. 4.2.2 For billing purposes, the return of rental Equipment shall be deemed to have taken place on the day such equipment is returned. SECTION 5 OUTAGE CORRECTION AND REPAIR SERVICE 5.1 . The Grantee shall exercise its good faith to limit any scheduled interruption of any Cable Service for any purpose to periods of minimum use. Except in emergencies or incidents requiring immediate action, the Grantee shall provide the Grantor and all affected Subscribers with prior notice of scheduled service interruptions, if such interruptions will last longer than one and one-half hours (1-112). E-8 ? 5.2 Time Periods by Which Outages 5.2.1 The Grantee shah maintain sufficient repair and maintenance crews so as to be able to correct or repair any reception problem or other service problem of either picture, or sound quality, including any outage of sound and/or picture, on any Channel except for a problem caused by an intentional, wrongful act of the Subscriber or by the Subscriber's own equipment which was not supplied by the Grantee, promptly and in no event later than forty-eight (48) hours after the Grantee either receives a request for repair service or the Grantee learns of it. For purposes of this Ordinance, "reception problem" shall constitute reception that an affected Subscriber reasonably determines is unsatisfactory, unless the Grantee can demonstrate that the Signals transmitted to such Subscriber are in compliance with the FCC's technical signal quality standards (47 C.F.R. § 76.601 et seq.). 5.2.2 The Grantee shall maintain, at all times, an adequate repair and service force in order to satisfy its obligations pursuant to the Section 5.2.1 of this Appendix, and in cases where it is necessary to enter upon a Subscriber's premises to correct any reception problem or other service problem, the Grantee shall either set a specific appointment time or specify a four (4) hour time block during normal business hours, as requested by the Subscriber or potential Subscriber, during which the Grantee's work crew shall work on the service problem. The Grantee may schedule service calls outside of normal business hours for the express convenience of the Subscriber, provided that the Grantee's customer service representatives shall at all times endeavor to be aware of service or other problems in adjacent areas which may obviate the need to enter a Subscriber's premises. 5.2.3 In no event shall the Grantee cancel any necessary scheduled service call after the close of the business on the business day prior to the scheduled appointment. If the Grantee needs to cancel a scheduled appointment, it must contact the Subscriber and reschedule at a time convenient for the Subscriber. 5.3 EaMire TQM .t Time, Pednda May Be ]Ezensed. Ile Grantee's failure to correct outages or to make repairs within the stated time periods shall be excused in the following circumstances; (i) if the Grantee could not obtain access to the Subscriber's premises; or (u) if the Grantor, acting reasonably, agrees with the Grantee that correcting such outages or malting such repairs was not reasonably possible within the allotted time period. 5.4 No Marge fnr ]Repair The Grantee shall not impose any fee or charge any Subscriber for any service call to his or her premises to perform any repair or maintenance work on Grantee's equipment. < E•7 > 5.5 i . The Grantee shall provide all service calls throughout the Franchise Area on a nondiscriminatory basis. 5.6 Rrcor saf R=air ervire Requests 5.6.1 The Grantee shall keep records capable of showing all requests for repair service and information on outage correction (to the extent available with respect to each of the following types of information), which shall show, at a minimum, the name and address of the affected Subscriber, the date and the approximate time of request, the date and approximate time the Grantee responds, the date and approximate time service is restored, the type and the probable cause of the problem, and the names of the Grantee employees who took the corrective action(s). Such records shall also describe the corrective action taken., and, in the case of outages, shall estimate the number of Subscribers affected. For the purposes of this Section 5.6.1, "time" shall mean the time of request or appointment period, as applicable. 5.6.2 Any information in the records required by Section 5.6.1 of this Appendix may be destroyed two (2) years after such information was collected, unless the Grantor authorizes the Grantee, in writing, to destroy any information required by Section 5.6.1 of this Appendix prior to the expiration of such two (2) year period. SECTION 6 SUBSCRIBER COMPLAINT'S 6.1 Complaints. For the purposes of this Ordinance, "complaint" shall mean any written communication by a Subscriber or potential Subscriber or oral communication by a Subscriber or potential Subscriber reduced to writing, including to a computer form, expressing dissatisfaction with any nonprogramming aspect of the Grantee's business or operation of the System. 6.2 7"ime_Period Resolution of Complaints. Except where another time period is required by any other provision of this Appendix,, the Grantee shall make its good faith to resolve, as soon as practicable and in no event later than seven (7) business days, all complaints after they are received by the Grantee. 6.3 Referral of Complaints from the Gramtrir to the C;rantee 6.3.1 If the Grantor is contacted directly about a complaint concerning the Grantee, the Grantor shall notify the Grantee. 6.3.2 Within seven (7) business days after being notified about the complaint, the Grantee shall issue to the Grantor a report detailing the investigation thoroughly, describing C E-s > the findings, explaining any corrective steps which are being taken and indicating that the Person who registered the complaint has been notified of the resolution. 6.4 f mmpiain_Rnrnrrle 6.4.1 The Grantee shall maintain complaint records, which shall record the date a written complaint is received, the name and address of the affected Subscriber, a description of the complaint, the date of resolution, and a description of the resolution. 6.4.2 Any information in the records required by Section 6.4.1 of this Appendix may be destroyed after one (1) . year after such information was collected, unless the Grantor authorizes the Grantee, in writing, to destroy any information required by Section 6.4.1 of this Appendix prior to the expiration of such one (1) year period. SECTION 7 NOTICE '].] Nnfirn_R eqijirnA 7. 1.1 The Grantee shall provide notice to the Grantor and all Subscribers of any change in any fee, charge, deposit:, term or condition, which notice shall be provided no later than thirty (30) days prior to the effective date of any such change. All notices required by this Section 7.1.1 shall specify, as applicable, the service or services affected, the new rate, charge, term or condition, the effect of the change, and the effective date of the change. 7.1.2 The Grantee shall provide notice, in writing, to the Grantor and all Subscribers of any change in any Channel assignment or in any Service provided over any such Channel, which notice shall be provided no later than thirty (30) days prior to the effective date of any such change. SECTION 8 TERNMATION OF SERVICE AND DISCONNECTION 8.1 As described in Section 3.3.3 of this Appendix, the Grantee may terminate service to any Subscnl= whose bill has not been paid after it becomes delinquent, so long as the Grantee gives proper notice to the Subscriber. 8.2 ReSsibsCrintinn to CahlP Servirr_. The Grantee shall not refuse to serve a former Subscriber whose service was terminated, so long as all past bills and late charges have been paid in full. C E-9 > 8.3 T?ngjh of Time to . If disconnection occurs at the Subscriber's written or oral request, then, for billing purposes, it shall be deemed to have occurred three (3) business days after the Grantee receives the request for disconnection at Grantee's business offices unless (i) it in fact occurs earlier or (ii) the Subscriber requests a longer period. 8.4 . The Grantee shall either set a specific appointment time or specify a four (4) hour time period during normal business hours, during which its work crew shall visit the Subscriber's premises to disconnect service and to remove any Equipment. The Grantee may schedule such service outside normal business hours for the express convenience of the Subscriber. 8.5 ' . The Grantee shall ensure that the subscriber's premises are restored to their original condition if damaged by the Grantee's employees or agents in any respect in connection with the installation, repair or disconnection of Cable Service. 8,6 Nn Ece?far Nsmn 'on, The Grantee shall not charge any fee for disconnection. Grantee will make a seasonal plan available for part-time residents at discounted prices. SECTION 9 CREDI'Y'S AND REFUNDS 9.1 Gmunds. As a result of the Grantee's failure to comply with these consumer protection standards, the Grantee shall provide to each affected Subscriber or potential Subscriber, as applicable, the following credits: 0) for a failure of the Grantee's crew to arrive at the Subscriber's premises at the scheduled time or within the promised four (4) hour period for any installation service, as provided in Section 1.4.2 of this Appendix, a credit equal to free installation. (u) for any reception problem, including any outage of sound and/or picture on any Channel, as defined in Section 5.2 of this Appendix, or for any other service problem which remains unrepa9red for more than twelve (12) hours after either the Grantee receives from the Subscriber a request for repair service (provided that, to the extent access to the Subscriber's premises is required to effect such repair, the Subscriber has granted the Grantee such access) or the Grantee learns of such problem an appropriate credit. (iii) for a failure of the Grantee's crew to arrive to correct any outage or make any repair during the stated time period, as specified in Section 5.2.2 of this Appendix < E-10 > (except where such failure is excused by Section 5,3 of this Appendix or except where such crew is no longer required due to a repair effected in a nearby portion of the System a credit, upon request, of 520.00; and (iv) for the improper termination of service to a Subscriber, free reconnection and a credit. 9.2 lhirW . The Grantee agrees that each of the foregoing occurrences necessitating such credits shall result in injury to such Subscribers, which injury will be difficult to ascertain and to prove. The Grantee agrees that each of the foregoing credits is a fair and reasonable compensation for such injury and that such compensation constitutes liquidated damages, not a penalty or forfeiture. 9.3 Calculation. For the purpose of calculating the amount of credit owed pursuant to Section 9.I(di) of this Appendix, such four (4) hour period shall be deemed to have begun at the time the outage occurred. 9.4 Crrdits. With respect to any credit described in Section 9.1(iii) of this Appendix, the Grantee shall provide a credit to any eligible Subscriber who makes application therefor by written or oral notice within ninety (90) days after the outage or reception problem occurred. 9.5 Minds. Refund checks shall be issued promptly, but no later than either (a) the Subscriber's next billing cycle following resolution of the request or thirty (30) days, or (b) the return of the equipment supplied by the Grantee if the service is terminated. SEC ON 10 MLSCFY.1.ANMUS REQUEREMENTS 10.1 On= for . If the downgrading of a Subscriber's service shall be effected solely by coded entry on a computer terminal or by another similarly simple method, the charge for such downgrading shall not exceed the cost. Charges for changes in service tiers or equipment that are impossible to be made by coded entry on a computer terminal or other sim0ariy simple method and that involve a more complex method shall not exceed allowable costs. 10.2 Cmdits. In the event applicable law permits, at any time during the term of this Ordinance, the Grantor requires the Grantee to retroactively decrease or "rollback" rates, fees or charges for any Service provided pursuant to the Agreement, the Grantee shall automatically provide a credit on each Subscriber's bill affected by such decrease or rollback. 10.3 payment Sratinnt. The Grantee shall maintain full service locations at which bills can be paid and Subscriber inquiries can be answered. [E-11> z 10.4 CaWe`Guidt. The Grantee shall provide in any cable programming guide supplied to Subscribers, in which Grantee has editorial control, a listing of the channel location of all PEG channels. SECTION It FAILURE TO COMPLY WITH THESE REQUIREMENTS 11.1 Mat?nia! Re uirem nts 11. The Grantee agrees that substantial failure to comply with any material requirement set forth in these consumer protection standards shall constitute an Event of Default. 11.1.2 The Grantee also agrees that if the Grantor determines, in the exercise of its sole discretion, that the Grantee has, after notice from the Grantor, repeatedly failed to comply with any requirement set forth in these consumer protection standards, then the Grantor may elect to treat such failure in all respects as an Event of Default. 11.2 Liahili V for Contradars'ISuhcontmemm'_Railure Tn_GoTr, If the Grantee fails to take reasonable steps to ensure that its contractors, subcontractors or agents abide by these consumer protection standards, the Grantee shall be liable for any breach of these consumer protection standards committed by its contractors, subcontractors, or agents just as if the Grantee itself had committed the breach. SECTION 12 DEFINITIONS 12.1 N ar W Business Hours. The term "normal business hours" means those hours during which most similar businesses in the community are open to serve customers. 12.2 . The term 'normal operating conditions' means those service conditions which are within the control of the Grantee. Those conditions which are not within the control of the Grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the Grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peals or seasonal demand periods, and maintenance or upgrade of the cable system. <E-127 ,4PPE-Al DI X b 4? F. Franchisee will continue to own and perform routine maintenance on the existing Institutional Network. All extraordinary maintenance (i.e., replacement of cable and electronics) will be done on a time and material basis, payable by the City. In situations where*Franchisee also has to replace cable or electronics at the same time, no labor costs will be passed on to the City. The City will pay for any improvements to the I-Net. G. Use. The I-Net shall be a closed circuit loop network dedicated for the non-commercial use of the City. Provided, however, that if the City wishes to interconnect the I- Net directly to a public switched network, then the following shall apply: 1. If Franchisee (or a business affiliate of Franchisee) offera the service sought to be accessed by City by interconnecting to the public switched network, then the City shall purchase such service from the Franchisee (or its affiliate) at a discount of lot from the lowest rates charged by Franchisee (or its affiliate) for such service, if such a discount is allowed by applicable law. If such a discount is not allowed by applicable law, the service shall be furnished at the lowest rate of Franchisee (or its affiliate). 2. If Franchisee (or a business affiliate of Franchisee) does not offer the service sought to be accessed by City by interconnecting to the public switched network, then the City may purchase such service from a third party, provided, however, at such time as Franchisee (or a business affiliate of Franchisee)-offers such service, then the City shall purchase such service from the Franchisee (or its affiliate) at a discount of lot from the lowest rates charged by Franchisee (or its affiliate) for such service, if such a discount is allowed by applicable law. If such a discount is not allowed by applicable law, the service shall be furnished at the lowest rate of Franchisee (or its affiliate). Provided, however, that the City shall not be required to purchase such service from Franchisee (or business affiliate of Franchisee) if the cost is substantially higher than the City is currently paying. 3. If the City interconnects the I-Net directly to a public switched network and purchases service from a third party, then the City shall from and after the date of such interconnection, commence reimbursing Franchisee for the incremental cost of all routine maintenance on the existing I-Net, in addition to making the other payments described in paragraph F above. The reimbursement for routine maintenance shall cease, and the'provisions of paragraph F shall be reinstated, at such time as the City is no longer interconnected to the public switched network of a third party. 2 Item #9 F ,. r? 9? 1/-, Clearwater City Commission , Agenda Cover Memorandum j /r7 cc ing a : SUBJECT: Park Place - Notice of Proposed Change (NOPC); Park Place Land, LTD, (Owner); Tim Johnson (representative) RECOMMENDATION/MOTION: Approve the modified Development Order for Park Place, and pass Ordinance No 107-96on First Reading El and that the a ropriate officials be authorized to execute same. BACKGROUND: The applicant is requesting approval of a modification to the Park Place Development Order which would allow a mixed use of hotel and office uses in Parcel 4 of the Park Place Development. The Park Place development is an already approved Development of Regional Impact (DRI) originally approved and adopted in 1983 and amended in 1991 and 1994. The proposed modification involves the use of conversion factors to create a trade-off mechanism allocated to Parcel 4 to permit the conversion of 69,722 sq. ft, of retail floor area to allow up to 50,000 sq. ft, of office and a 140 room hotel (under the applicant's preliminary site plan). It should be noted that the DRI contains conversion factors that will allow different, but not more intense, development types if the proposed plan is not pursued. The traffic methodology analysis indicates a reduction in peak hour trips, resulting in a less intense development than what was proposed in the 1994 Development Order. Parcel 4 has a Residential/Office/Retail (R/O/R) land use classification, but will require a zoning amendment from Commercial Center (CC) to General Commercial (CG) to permit the hotel use. The owner does not wish to make application for a zoning amendment at this time. Reviewed by: Originating Deportment: Costs: Commission Action: legal -- S Central i tting NIA [3 Approved Budget NIA r? .. Total ? Approved wlConditions purchasing NIA User Department: ? Denied Riak Mgmt. NIA Central Permitting Current Fiscal Year CI Continued to: is NIA Funding Source: ACM ? capons Impmvament: Other Advertised: 13 NIA Operating: Dates ? Attachments: ;•„1...? paper: Other: Ord. #6107-96 NOPC Development Or Submitt by; © Not Required Appropriation Coda ffected Parties: Notified ? None Cit M nager ? Not Required er 0 Printed on recycled paper ORDINANCE NO. 6107-96 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING ORDINANCE NO, 3205-83, AS AMENDED BY ORDINANCE NO. 3287-83, ORDINANCE NO. 5142-91 AND ORDINANCE NO, 5722-95, A DEVELOPMENT ORDER ISSUED PURSUANT TO CHAPTER 380, FLORIDA STATUTES, FOR PARK PLACE, A DEVELOPMENT OF REGIONAL IMPACT; PROVIDING FINDINGS OF FACT; PROVIDING CONCLUSIONS OF LAW; PROVIDING A CONVERSION FACTOR FOR RETAIL COMMERCIAL, OFFICE AND HOTEL DEVELOPMENT; REFLECTING THE CURRENT OWNERSHIP AND CONFIGURATION OF THE PARCELS OF THE DEVELOPMENT; DETERMINING THAT SAID AMENDMENTS ARE CONSISTENT WITH THE ADOPTED COMPREHENSIVE PLAN; PROVIDING FOR PROPER NOTICE OF PROPOSED ENACTMENT; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, on September 1, 1983, the City Commission adopted Ordinance No. 3205-83 (the "Development Order") which ordinance constitutes a development order for Park Place, a development of regional impact, affecting the property described on Exhibit "A" attached hereto and incorporated herein (the "Development"); and WHEREAS, on October 20, 1983, the City Commission adopted Ordinance No. 3287-83, an amendment to the Development Order and readopted Ordinance No. 3287-83 on December 8, 1983; and WHEREAS, on December 19, 1991, the City Commission adopted Ordinance No. 5142-91, an Amendment to the Development Order; and WHEREAS, on January 19, 1995, the City Commission adopted Ordinance No. 5722-95, an Amendment to the Development Order; and WHEREAS, on , 1996, Park Place Land, Ltd., a Florida limited partnership, the owner of certain undeveloped areas of the Development, filed an application entitled "Notification of a Proposed Change to a Previously Approved Development of Regional Impact ("DRI") pursuant to Subsection 380.06(19), Florida Statutes" (the "NOPC") with the City of Clearwater (the "City"), with copies provided to the Tampa Bay Regional Planning Council (the "TBRPC") and the Florida Department of Community Affairs (the "DCA"); and Ordinance No. 6107.96 WHEREAS, the NOPC proposes to amend the Development Order to (1) provide a land use conversion factor for Parcel 4 shown on Exhibit "B" attached hereto and incorporated herein for the conversion of approved retail commercial development to office and/or hotel development and (il) reflect changes in the ownership and configuration of the parcels of property within the Development (collectively, the "Proposed Changes"); and WHEREAS, the ownership of the Development is as shown on Exhibit "B" attached hereto and incorporated herein; and WHEREAS, portions of the Development are individually referred to herein by the Parcel Numbers shown on Exhibit "B" attached hereto and incorporated herein; and WHEREAS, certain of the Proposed Changes, combined with previous amendments to the Development Order, are presumed to create a substantial deviation, pursuant to Subsection 380.06(19), Florida Statutes; and WHEREAS, the NOPC has satisfactorily addressed all regional Issues related to the Development and the presumption of a substantial deviation has been rebutted; and WHEREAS, the City Commission, as the governing body of the local government having jurisdiction pursuant to Chapter 380, Florida Statutes, is authorized and empowered to consider applications for proposed changes to previously approved DRIs; and WHEREAS, the public notice requirements of Chapter 380, Florida Statutes, and the City have been satisfied; and WHEREAS, the City Commission has reviewed the NOPC, as well as all related testimony and evidence submitted by each party and members of the general public. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: - This Ordinance shall constitute an amendment to the Paris Place Development Order as previously amended. Section-2„_ Findings - The City Commission, having received all related comments, testimony and evidence submitted by each party and members of the general public, finds that there is substantial competent evidence to support the following findings of fact: A. The Park Place Development Order, as adopted by Ordinance No. 3205- 83, and amended by Ordinances No. 3287-83, No. 5142-91, and No. 5722- 95, is a valid final development order within the provisions of Section 2 Ordinance No. 6107-96 163.3167(8), Florida Statutes, affecting the property described on Exhibit "A" attached hereto and incorporated herein. B. Park Place Land, Ltd., a Florida limited partnership, the owner of Parcel 4 of the Development as shown on Exhibit "B," has proposed the following amendments to the Development Order: 1. Adding a land use conversion factor for Parcel 4 for the conversion of approved retail commercial development to office and/or hotel development; and 2. Reflecting changes in the ownership and configuration of the parcels of property within the Development; and 3. Modifying certain provisions of the Development Order to be consistent with changes described in the NOPC. C. A comprehensive review of the impacts generated by the Proposed Changes, together with ail previous amendments, has been conducted by the City's departments, the TBRPC and the DCA. D. The Proposed Changes are not located in an area of critical state concern designated as such pursuant to Section 380.05, Florida Statutes (1993). E. The Proposed Changes, together with all previous amendments, do not increase the external traffic impact of the development, nor do they create additional impacts on other public facilities, including water, wastewater, drainage, solid waste, recreation and mass transit, from the original projections set forth in the Application for Development Approval ("ADA"). F. The Proposed Changes heretofore approved are determined not to be a substantial deviation to the Development Order. $ect(Qn 3. Conclusions of Law - The City Commission, having made the above findings of fact, reaches the following conclusions of law: A. The Development as built to date is consistent with the local comprehensive plan and local land development regulations under which it was developed. B. The Development as modified herein, and as depicted on the Revised Map H, Master Plan, attached hereto as Exhibit "C," will not unreasonably interfere with the achievement of the objectives of the adopted state land development plan applicable to the area. 3 Ordinance No. 6107-96 r r C. The Proposed Changes are consistent with the local land development regulations currently in effect. D. The Proposed Changes, together with all previous amendments, do not create a reasonable likelihood of additional impact or any type of regional impact not previously reviewed by the TBRPC and DCA, over those treated under the Development Order. The Proposed Changes, therefore, do not constitute a "substantial deviation" from the Development Order, pursuant to Chapter 380.06, Florida Statutes. The Proposed Changes are exempt from the provisions of Ordinance No. 4983-90, City of Clearwater and the Park Place DRI remains vested thereunder. E. Nothing herein shall limit or modify the rights originally approved by the Development Order or the protection afforded under Section 163.3167(8), Florida Statutes, except to the extent that specific rights and protections are limited or modified by the Proposed Changes to the Development Order as approved by this ordinance. F. The Proposed Changes are within the threshold guidelines of Ordinance No. 4983-90 of the City, relating to determinations of vested development rights, and the Park Place DRI remains vested thereunder. G. , These proceedings have been duly conducted pursuant to applicable law and regulations, and based upon the, record in these proceedings, the various departments of the City, Park Place Land, Ltd., and other owners of the Development are authorized to approve/conduct development as described herein. H. The review by the City, the TBRPC, and other participating agencies and interested citizens reveals that impacts are adequately addressed pursuant to the requirements of Chapter 380, Florida Statutes. ,Section 4• Qrder - Having made the above findings of fact and drawn the above conclusions of law, it is ordered that the Development Order be amended as follows: A. The Conceptual Plan described in Sections 4.A, and 4.,f. of the Development Order is amended to be as shown on Exhibit "C" attached hereto and incorporated herein. All references to the Conceptual Plan set forth in the Development Order shall refer to the Amended Conceptual Plan attached hereto as Exhibit "C." 4 Ordinance No. 6107-96 B. Section 4.C. of the Development Order Is amended to read: 4.C. The Project is approved for a total maximum floor area of 1,145,520 square feet, comprised of a maximum 795,520 square feet of office use, a maximum 200,000 square feet of Industrial use and a maximum 150,000 square feet of retail commercial use, subject to the conversion factor set forth in Subsection 4.A.A. The permitted maximum floor area is to be approved subject to the FAR limitations set forth below. C. Subsection 4.A.A. of the Development Order is amended to add the following: Conversion factors to permit (1) 1,000 square feet of retail commercial development to convert to either (x) 2,875 square feet of office development or (y) 11.96 hotel rooms and/or (ii) 1,000 square feet of office development to convert to 4.16 hotel rooms are hereby established for the retail commercial area shown as Parcel 4 on Exhibit "B." These conversion factors are set forth in the following table: LAND USE TRADE-OFF-RAM PARCEL 4 .y yy } y 1,000M.-ft.- Retail 2,875 sq. ft. Office 1,000 sq. ft. Retail 11.96 Hotel Rooms 1,000 sq. ft. Office 4.16 Hotel Rooms Notwithstanding the foregoing, development on Parcel4 shall be limited as follows: MINIMUM MAXIMUM Office 0* 130,505* Hotel 0** 224" *square feet of floor area "rooms Thirty (30) days prior to issuance of any permit which utilizes the conversion factors, DCA and TBRPC shall receive notice, from the Developer, of the proposed use of the conversion ratio. 5 Ordinance No. 6107-96 D. The following subsection is added to the Development Order as Subsection 4. E. E.: E.E. Prior to the issuance of any development permit for any portion of Parcel 4, the owner of Parcel 4 shall grant to the City a perpetual non-exclusive easement for pedestrian ingress and egress and construction and maintenance of a sidewalk at the City's cost. Such easement shall be ten feet (10') in width along the southerly boundary of Parcel 4 and shall extend from the westerly boundary of Parcel 4 to the easterly boundary of Parcel 4 ("Sidewalk Easement"). The City agrees that the Sidewalk Easement may be located within any setback areas on Parcel 4 and shall not have the effect of enlarging any Parcel 4 setbacks or otherwise reducing the development rights for Parcel 4. E. The following subsection is added to the Development Order as Subsection 4.F.F.: F.F. The owner of Parcel 4 shall be entitled to curb cuts for the purpose of access to and from Parcel 4 and Park Place Boulevard. F. The amendments stated herein, together with all previous amendments, do not constitute a substantial deviation, pursuant to Chapter 380.06, Florida Statutes. G. Nothing herein shall limit or modify the rights originally approved by the Development Order or the protection afforded under Section 163.3167(8), Florida Statutes, except to the extent that specific rights and protections are limited or modified by the proposed amendments to the Development Order as approved by this ordinance. W. The City Cleric shall send copies of this ordinance, within five (5) days after passage of this ordinance on second reading to Park Place Land, Ltd., DCA and TBRPC. L This ordinance shall be deemed rendered upon transmittal of copies hereof to the TBRPC and the DCA. J. Notice of adoption of this ordinance shall be recorded by the Developer in the public records of Pinellas County, Florida, as provided in Section 380.06, Florida Statutes. section 5,- EffecUa QA&. This ordinance shall take effect when filed as provided by law, unless this ordinance is appealed, in which event this ordinance shall not take effect until such appeal has been decided. 6 Ordinance No. 6107-86 PASSED ON FIRST READING Y ? - PASSED ON SECOND AND FINAL READING AND ADOPTED , Attest: ,. Cynthia E. Gaudeau City Clerk = Approved as to form and legal sufficiency: t- ? Pamela K. Akin City Attomey ss? i v'1 7 Rita Garvey Mayor • Commissioner Ordinance No. 6107.96 EXHIBIT "A" TO ORDINANCE NO. 6107-96 Commence at the center of Section 17, Township 29 South, Range 16 East, Pinellas County, Florida and go S 89°46'01" W, 660.00 feet, along the South boundary of the Northwest I'14 of said Section 17 (the East-West centerline of said Section 17;) thence N 00°19'21" W, 50.00 feet, to a point on the North right-of-way line of Gulf-to-Bay Boulevard - State Road 60 for a POINT OF BEGINNING; thence, following said North right-of-way line, S 89°46'01" W, 58.49 feet; thence N 00°13'59" W, 10.00 feet; thence S 29°46'0'1" W, 1319.21 feet; thence, leaving said North right-of-way line, N 01 004'04" E, 599.99 feet; thence S 89°46'01" W, 198.43 feet; thence N 00°5221" E, 554.70 feet; thence S. 89°54'49" W, 400.06 feet, to a point on the East right-of-way line of U.S. Highway 19; thence, following said East right-of-way line, N 01 °04'04" E, 28.15 feet; thence along a curve to the right that has a radius of 192.00 feet, an arc length of 72.82 feet, a chord length of 72.39 feet, a chord bearing of N 11 056'04" E, thence N 22°47'58" E, 11.93 feet; thence along a curve to the left that has a radius of 238.00 feet, an arc length of 16.13 feet, a chord length of 16.13 feet, a chord bearing of N 20°5'1'27" E, to a point on the North boundary of the Southwest 114 of the Northwest 114 of said Section 17; thence, leaving said East right-of-way line of U.S. Highway 19, N 89°54'49" E, 1222.19 feet, along the North boundary of the Southwest 114 of the Northwest 114 of said Section 17 to the Southwest corner of the Northeast 114 of the Northwest 114 of said Section 17; thence N 00°22'28" E, 1337.33 feet, along the West boundary of the Northeast 114 of the Northwest 114 of Section 17 to the Northwest corner of said Northeast 114 of the Northwest 114; thence S 89"56'11" E, 1312.06 feet, along the North boundary of said Northeast 114 of the Northwest 1/4 to a point on the West right-of-way line of Hampton Road - County Road 144; thence S 00°19'21" E, 2337.71 feet, along said West right-of-way line; thence S 89°46'01" W, 627.00 feet; thence S 00°10'21" E, 280.00 feet, to the POINT OF BEGINNING, containing 99.133 acres, more or less. Subject to easements and rights-of-way of record. Information taken from survey by Lloveras, Baur & Stevens, Consulting Engineers-Land Surveyors, Clearwater, Florida, February 23, 1982. Ordinance No. 6107-96 O O ti ?•Zcn m chi m CZ? G'Zr 0 c •- ?LL c0 ?tl. N ?u- J C{n y M CM p ta. m ca m W m t0. m c? J a ..??cc 0. CL co 0 :3 1 m cn Y OK ca CL . ca d T co .? U C N -?5 , E ALL ? a o m 0 0 o' m cu 0 0 0 w 0o m Q VINU (I?NU V?NU fl. cd.NU a c•3NF-- m W = C L.? W m S FA IL 1% D n?„ 0 N C? M O O Z O Co Cl o O o c+? v i C114 i C) C) O Z ? 4 4 o C r r w r L N N N N N r W 0 d oa a . : 0 Z r N M "t to m m CL M C6 0 cc i j o 't7 E•m -JLL ?,3 tTD L ?? 0 a 6 r 4 CO r- CO to M 0) r- 4) is o?ow (00m -J, 0) is a. CL C? ? r cu tLG V C N m m E O ?p O, d.0.NU msic c, .14 :`p LO N a y, 0? 0 0 N O 0 co co d6 N e- co 0 0 T M C%A 6 0 Q°o chi T' d-j ti r- ti O V , C T3 co O i- T ? T a? x m? (Do cc `o c C) co 0) c a v CO ED C CD, m ?ma. ' =tom ?u' c U) CV) ccyy XX °a°ca0 o -CM VK©G~ Cm° 0' c ?0 m w wig WW¢o[L ?coNa Ua ° U-csvE ao o? g0 . N ?0 0 C) 44 co co rn rn N N C.- t.? e"' T co 0 0 4 0 N cr) r N ti T 0 w- R 0 co M co r- 4 N h?- d 0 r O r O 0 0 O c+7 co T 4 N T m 0 T N d 00 cc A4 M 1? - co 1 19 N ~ N C V m ? (TOLL LL CY) c ° ?O° oo m m m m 50 d a: C) L c , c? ? w v/ M o . ' ' O ' ZI ?- T n y . I 44 O as Go Id 4W r 1 Fd 0 M? Ms V ?. .... _.......... _J. ..... ---_....................... wr• ? ? 11 r '•• STREET- i / 1 1 1 1 a . ? •1_•IN ?IfRIIIil/frla?tll p V11 +..,.I.ti..r.•.. _J KK NIIM •1?Y4MIAK,A {4 PARCEL 1 ' ' • ' t•r •r•-+--r ? •?l.f.f.+.rr.rf•rrf IM 11•I, M,•!;M Nw;M,1 ffl 1 1 ?.fr.Ir.lrrl?? hWal xrf •e '•. P E<SS?GJ ....?.?.r.1.+1.f•?? a ? .1 •If rwlwrw,w ?w 11 ,y/ 1 PARCEL 3 •I}" :".i %, n LM W • ?•• low! n , Q kknftg. '•Ka 1 R •x ,• • 1 _?__ i ?.r.r ?t4Q. ~ ?• K Y •JI 1i X111 -w 1 op- 'wY • \ ,,. v w.r rl PARCEL 8 T . 1 o + 9 Ar. v T. A lnk PARCEL 2 i + 1 ? ,(a K iJ Il+ t 7.,1 Ia{-J ® a1EAU y1 _ •1?.. 'N ? •?t u 1 • PA RCEL 7 • PARCEL 6 o `` . © 4 o w L 1 j •l Ir.5 k. ; . ' l1 LK 4 ? w ... . T ? PARCEL 5 ` 14 4 •04 ? w O ." N ED { S ML c n a w W ~ flwa T4 ! I BAY. r t a% ed i•_I m Yr U., p ; P4 P4 P4 N n? r• . F . ". . + i JOHNSON, BLAKELY, POPE, BOKOR, RUPPEL & BURNS, P.A. ATTORNEYS AND COUNSELLORS AT LAkV E. D AMIS'1Rl?I)IN?COLHI BRUCE W. IJARNMS JOHN T, BLAKELY BRUC.EII L109OR GUY 1,1 BURNS MICHAEL T. r. RONIN DUANE A. DAIKER EL1ZAt11:T11 J DANIELS LISA 13. DODGE SIARION HALE JANIFS W. 11MIANN SCOTT C. 1LGENFRITZ FRANK R JAKFS TIMOTIIN A. JOHNSON. JR. SHARON E. MCK ROGER A LARSON JOI IN R. LAWSON, JR MICHAT'L O LITTLE: MICHAEL C. HIARJ.ILANI . 3111tANIE T. NIARV IARDT DAVID J. OTTINOPH F. IVALLACR N)PIi. JR DARRYL R. RICE EARDS DrNNES G RLMIE1.0 c'11ARLIi$ A SAMARWS JOAN A S('ilAEil'EiR 1'EIIl.1PM SIIA%,n.*v% CRARI.FS 1\I TATT1.ts, AI ;OANAI Vls('011101.1 A\71IUNY 1' 'l.INOF 117L [l;5 J MCIIA1' •, IF 1.0U,%SEL 14.I.ASIi RE-WLY TO (1I:AR11'ATEiR FILE: Nu. 37561.95434 October 24, 1996 Via Hand Delivery Mr: Scott Shuford City of'Clearwater 100 South Myrtle Avenue Second Floor Clearwater, Florida 34616 Re: Park Place DR] Dear Scott: Enclosed are 15 copies of Park Place Land, Ltd.'s Amended Notice of Proposed Change Application. The amended NOPC reflects the amendments set forth in my letter to you dated October 8, 1996, with the exception of -the change pertaining to the maximum hotel density. The maximum hotel density will remain at 30 units per gross acre, with a maximum of 224 units, in order to be consistent with the existing land use designation of Residential/Office/Retail. Carol Collins at the DCA suggested that the developer should be required to report any trade-offs in the annual report. Please note that Subsection 5.A of the Development Order, as amended by Ordinance No. 5722-95, requires that the annual report include "a cumulative report of trade-offs made pursuant to Subsection 4.A.A..." C'LEARWATER OFFICE 41101E5RJUS STREET POS'17OFFIC11BOX 1368 CLrARWATER. FLORIDA 34517.1768 TELEPHONE: (ZIP 461.1818 FACSIMILE (913) 441.8617 TAMPA OFFICE 100 NORTII TAMPA 8-MEE r NUITE 1800 POS7OFFICE BOX 1100 TAMIX FLORIDA 33601-110A TELEPHONE 18131225-2500 FACSIMILEMIN273.7118 , i r JOHNSON, BLAKELY, POPE, BOKOR, RUPPEL & BURNS, P.A. ATTORNEYS AND COUNSELLORS AT LAW Mr. Scott Shuford October 24, 1996 Page 2 Please feel free to call Jayne Sears or me if you have any questions or need any additional information. , Very truly yo s, CIM/othy A. Johnson, Jr. TAJrs encl. cc w/encl: Mr: Tim Butts, TBRPC Mr. Tom Beck, DCA Mr. Joe Kubicki, King Engineering Mr. Robert Pergolizzi, King Engineering Mr. Kent Fast Mr. Nicholas Shackleton ? ..' 0109457.014s ?t hti • { r s1 ^n.?.awirkMUliW wIN""",'.r....r.,........ .... .... .._ .... ... . ............r..,-s aia ve.af.,,....... .. ;'i STATE OF FLORIDA RPM-BSP-PROPCHANGE-1 DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF RESOURCE MANAGEMENT 2555 Shumard Oak Boulevard Tallahassee, Fl, 32399-2100 (904)'488-4925 ISMF UgELNOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19)0 FLORIDA STATUTES . Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning council, and the state land planning agency according to this form. 1. 1, TIMOTHY A. JOHNSON, JR., the undersigned ownerlauthorized representative of PARK PLACE LAND, LTD., a Florida limited partnership, hereby give notice of a proposed change to a previously approved Development of Regional Impact ("DRI") in accordance with Subsection 380.08(19), Florida Statutes. In support thereof, I submit the following information concerning the PARK PLACE development, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to the City of Clearwater, Florida, to the Tampa Bay Regional Planning Council, and to the Bureau of Resource Management, Department of Community Affairs. (Date) Timothy A. Johnson, Jr. 2. Applicant: Park Place Land, Ltd. c/o Clinton International Group, Inc. 5550 West Idlewild Avenue, Suite 100 Tampa, Florida 33614 Attn: Nicholas J. Shackleton, President Phone: (813) 221-6072 Fax: (813) 229-7120 3. Authorized Agent: Timothy A. Johnson, Jr., Esquire Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A. 911 Chestnut Street Clearwater, Florida 34616 Phone: (813) 461-1818 Fax: (813) 441-8617 4. Location of approved DRI and proposed change: A portion of Section 17, Township 29 South, Range 16 East, Pinellas County, Florida, more particularly described on Exhibit "A" attached hereto and incorporated herein (the "Property"). v. Provide- a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build-out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. The Applicant is filing this Notice of Proposed Change Application to (i) provide a land use conversion factor for Parcel 4 shown on Exhibit "D" attached hereto and incorporated herein ("Parcel 4") for retail, office and hotel uses; and (ii) reflect changes in the ownership and configuration of the parcels of property within the Project. The following paragraphs describe the proposed changes in more detail. Conversion Factor. The Applicant is requesting approval of a trade-off mechanism to allow the Developer. to convert retail commercial development allocated to Parcel 4 to office development and/or hotel development. The Applicant proposes conversion factors for Parcel 4 which are designed to balance P.M. peak hour external -22- vehicle trips, based on the results of the Park Place 1996 NOPC Traffic Impact Analysis, prepared by King Engineering Associates, Inc., attached hereto and incorporated herein as Exhibit "B" (the "Traffic Analysis"). The proposed conversion factors are (i) 1,000 square feet of retail commercial development equals 2,875 square feet of office development; (ii) 1,000 square feet of retail commercial development equals 11.96 hotel rooms; and (iii) 1,000 square feet of office development equals 4.16 hotel rooms. The conversion factors are shown in detail on Exhibit "C" attached hereto and incorporated herein. The. converted uses, if any, will be restricted to Parcel 4, which has a land use designation allowing retail commercial, office and hotel uses. Notwithstanding the proposed conversion factors, existing or potential zoning and land use categories (i) limit the.maximum hotel density on Parcel 4 to 30 units per gross acre, a maximum of 224 units, and (ii) limit the maximum office density on Parcel 4 to a floor area ratio of 0.4, a maximum of 130,505 square feet. The Applicant proposes to set forth these development limitations in the amended Development Order. density--or- floor area ratios established bY 1bg QotY'g Land QgypJgl2a1gnt Cgde. Th elm W9meat OFderbe-#?a }er-amended-te pr-ev+de-that-Ia etel -1i use sh .. have a Fn ax+r eFn F.A.R. ef 9.4. As evidenced in the Traffic Analysis: (i) Any conversion of Parcel 4 development, as proposed, will result in an equal or fewer number of PM peak hour external trips; (ii) The multi-family development approved for Parcels 2 and 3, consists of fewer units than allowed by traffic parameters (due to the limitation of zoning and land use categories), which will reduce the impacts of the Park Place DRI on the roadway system; and (iii) The completion of the Bayside Bridge has further reduced the impact of the Park Place DR) on the roadway system. Changes in Ownership of Proiect. The Applicant proposes that the Development Order be further amended to reflect the current ownership and configuration of the parcels of the Project as of the date of filing this Notice of Proposed Change Application. This information was included in the Development Order by the attachment of Exhibit "B" to Ordinance No. 5722-95. Parcel 4 has been reconfigured to less out the area dedicated to the City of Clearwater as right-of-way for Park Place Boulevard. The configuration of Parcels 10 and 11 changed as those parcels were }flatted into lots. The Applicant -22- proposes to amend the Development Order to reflect the ownership information set forth on Exhibit "D" attached hereto and incorporated herein. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. The revised conceptual plan for Park Place is attached hereto and incorporated herein as Exhibit "E." 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, please indicate no change. The Substantial Deviation Determination Chart is Exhibit "F" attached hereto and incorporated herein. 7. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e. any information not already addressed in the Substantial Deviation Chart). The DRI Development Order was originally adopted by the City of Clearwater, Florida, as Ordinance No. 3205-83 on September 1, 1983, amended by Ordinance No. 3287-83, adopted October 20, 1983, and readopted December 8, 1983, amended by Ordinance No. 5142-91, adopted December 19, 1991, and amended by Ordinance No. 5722-95, adopted January 19, 1995. Ordinance No. 5142-91 amended the Development Order by (i) adding 200,000 square feet of industrial use and providing a maximum F.A.R. for the same; (ii) changing the phasing of the development from three phases to one phase with three subphases and revising conditions based on phasing; (iii) changing the time of payment of - the Developer's proportionate ' share of the cost of road improvements; (iv) eliminating the requirement for a transportation management plan; and (v) extending the build-out date by five (5) years. -42- Ordinance No. 5722-95 amended the Development Order by (i) modifying the phasing of the Development to one phase with no subphases from one phase with three subphases; (ii) decreasing office development by 7,480 square feet; (iii) clarifying the development entitlements allocated to each parcel of the Development; (iv) extending the build-out date by four (4) years, a cumulative extension of nine (9) years; (v) adding a conversion factor for the. conversion of certain approved office development to multi-family residential development and the conversion of approved industrial development to either office development or multi-family residential development; (vi) deleting or modifying certain Development Order conditions to reflect changes in the transportation network affected by the Development; (vii) restating all remaining transportation improvement obligations of the Developer, including the obligation to dedicate and construct Park Place Boulevard; and (viii) modifying certain provisions of the Development Order to be consistent with changes described in the NOPC. Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? No If so, has the annexing local government adopted a new DRI development order for the project? Not applicable. 8. Describe any lands purchased or optioned within 114 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, and intended use, and adjacent non- project land uses within 1/2 mile on a project master site plan or other map. No additional lands have been purchased or optioned. 9. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19)(b), Florida Statutes. No. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2., F.S. Yes -,52- No X 10. Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. No. 11. Will the proposed change require an amendment to the local government comprehensive plan? No. Parcel 4 is designated on the Pinellas County Comprehensive Land Use Plan as Residential/Office/Retail ("RIO/R"), a land use designation allowing retail/commercial, hotel and office development. Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06(15), F.S., and 9J-2.025, Florida Administrative Code: 12. An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. See Exhibit "E" attached hereto and incorporated herein. 13. Pursuant to Subsection 380.06(10)(f), F.S., include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: a. All proposed specific changes to the nature, phasing, and build-out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; b. An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; C. A proposed amended development order deadline for commencing physical development of the proposed changes, is applicable; -52- d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; e. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down-zoning, unit density reduction, or intensity reduction, if applicable; and f. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025(7), F.A.C. A proposed ordinance adopting the proposed change and setting forth the precise language proposed to be changed is attached hereto and incorporated herein as Exhibit "G." Exhibit "N'- Legal Description Exhibit "B" - Traffic Analysis Exhibit "C" - Conversion Factors Exhibit "D" - Ownership Exhibit "E" - Revised Conceptual Plan Exhibit "F" - Substantial Deviation Determination Chart Exhibit "G" - Ordinance I(IV24196 JQ?27 ;34 AM d•24- 37581.95434 0103409.014s _Zg_ LEGAL DESCRIPTION OF PARK PLACE Commence at the center of Section 17, Township 29 South, Range 16 East, Pinellas County, Florida and go S 89°46'01" W, 660.00 feet, along the South boundary of the Northwest 114 of said Section 17 (the East-West centerline of said Section 17;) thence N 00°19'21" W, 50.00 feet, to a point on the North right-of-way line of Gulf-to-Bay Boulevard - State Road 60 for a POINT OF BEGINNING; thence, following said North right-of-way line, S 89°46'01" W, 58.49 feet; thence N 000.13'59" W, 10.00 feet; thence S 29°46'01" W, 1319.21 feet; thence, leaving said North right-of-way line, N 01 °04'04" E, 599.99 feet; thence S 89°46'01" W, 198.43 feet; thence N 00°52'21" E, 554.70 feet; thence S 89°54`49" W. 400.06 feet, to a point on the East right-of-way line of U.S. Highway 19; thence, following said East right-of-way line, N 01 °04'04" E, 28.15 feet; thence along a curve to the right that has a radius of 192.00 feet, an arc length of 72.82 feet, a chord length of 72.39 feet, a chord bearing of N 11 056'04" E, thence N 22°47'58° E, 11.93 feet; thence along a curve to the left that has a radius of 238.00 feet, an arc length of 16.13 feet, a chord length of 16.13 feet, a chord bearing of N 20°51'27" E, to a point on the North boundary.of the Southwest 114 of the Northwest 114 of said Section 17; thence, leaving said East right-of-way line of U.S. Highway 19, N 89°54'49" E, 1222.19 feet, along the North boundary of the Southwest 114 of the Northwest ,114 of said Section 17 to the Southwest comer of the Northeast 114 of the Northwest 1 /4 of said Section 17; thence N 00°22'28" E, 1337.33 feet, along the West boundary of the Northeast 114 of the Northwest 114 of Section 17 to the Northwest corner of said Northeast 114 of the Northwest 114; thence S 89°56'11" E, 1312.06 feet, along the North boundary of said Northeast 114 of the Northwest 114 to a point on the West right-of-way line of Hampton Road - County Road 144; thence S 00°19'21" E, 2337.71 feet, along said Vilest right-of-way line; thence S 89°46'01" W, 627.00 feet; thence S 00°10'21" E, 280.00 feet, to the POINT OF BEGINNING, containing 99.133 acres, more or less. Subject to easements and rights-of-way of record. Information taken from survey by Lloveras, Baur & Stevens, Consulting Engineers-Land Surveyors, Clearwater, Florida, February 23, 1982. EXHIBIT "A" . '.1 PARK PLACE 1996 NOPC TRAFFIC IMPACT ANALYSIS INTRODUCTION The Park Place DRI is located in the City of Clearwater north of Gulf-To-Bay Boulevard and east of US 19. Park Place (DRI # 92) was originally approved in 1983, to contain the following land uses. Retail Commercial 150,000 sf Office 1,103,000 sf KEA has prepared several NOPC Traffic Analyses to modify the Development Order. In 1991, a modification was approved to reduce office to 803,000 sf, introduce 200,000 sf of light industrial area, and extend the buildout date to 1996. In 1994, a modification was approved to extend the buildout date to 2000, establish vehicle trip conversion factors, and modify the approved land uses as follows: Retail Commercial 150,000 sf Office 795,520 sf Light Industrial 200,000 sf Currently Park Place includes retail, office, and light industrial uses. Plans for 390 multi-family units on parcels 2 and 3 have been approved to replace 430,100 s£ of office via the existing trade-off mnechAntsm in the Development Order. According to the approved trip trade-off, up to 1,050 multi- family units could have replaced the 430,100 sf of office with no additional traffic impacts although, land use density constraints imposed a 510 unit limit in the Development Order. The applicant wishes to create a trade-off mechanism for 69,722 sf of retail land uses on parcel 4 to allow up to 50,000 sf of office and a 140 room hotel. This analysis was prepared to evaluate the potential impacts of such a change, pursuant to a methodology established at a June 17, 1996 meeting at TBRPC offices. Per Chapter 380.06 (19) (b) (15) FS, if a proposed change creates a 15% increase in external trips above that which was projected during the original DRI review, then the proposed change constitutes a substantial deviation. ANALYSIS Table 1 provides trip generation calculations for the originally approved development plan, which were used for comparison purposes in both the 1991 and 1994 NOPC analyses. The originally approved project was expected to generate 23,104 daily trips of which 2,606 would occur during the PM peak hour. Due to an approved 10% internal capture, the original project would generate 2,344 PM peak hour external trips (695 entering and 1,649 exiting). Table 2 provides trip generation calculations for the proposed development plan including the multi- EXl.l!u1'r B TABLE 1 DEVELOPMENT ORDER APPROVED DEVELOPMENT PLAN TOTAL PROJECT PM PEAK HOUR TRIPS ITE DAILY PM PEAK I TOTAL TOTAL EXTERNAL EXTERNAL LAND USE LUC UNITS TRIPS TRIPS (INTERNAL EXTERNAL ENTER DpT 1 OFFICE 710 198,000 SF 2„362 307 ? 31 278278 488 228 OFFICE 710 150,000 SF 1,907 260 1 26 225 39 188 I OFFICE 710 160,000 SF 1,907 260 25 226 39 186 I OFFICE 710 490,000 SF 4,593 690 I 59 631 90 441 1 OFFICE 710 125,000 SF 1,661 219 1 22 197 34 181 RETAIL COMMERCIAL am 135,000 SF 8,626 704 I 80 714 367 367 I RETAIL COMMERCIAL 920 16,000 SF 2„169 198 1 20 176 Be 88 1 TOTAL 23,104 2,80e 282 2,344 696 1,649 i I i f i, TABU 2 PARK PLACE DRI TRAFFIC ANALYSIS TOTAL PROPOSED DEVELOPMENT PLAN FULL PROJECT TOTAL. PROJECT PM PEAK HOUR TRIPS ITE DAILY PM PEAK I TOTAL I TOTAL EXTERNAL EXTERNAL I PARCELS LAND USE LUC UNITS TRIPS TRIPS I INTERNAL EXTERNAL ENTER EXIT I I 2&3 APARTMENTS 220 390 DU 2,488 226 1 67 189 116 64 1 6d,6 OFFICE 710 240,650 SF 2,724 366 1 17 338 67 281 1 0 OFFICE 710 124,8W SF 1,680 219 1 11 208 35 173 I 4 OFFICE 710 60,000 SF 830 111 1 6 106 18 Be I 7LL9 RETAIL COMMERCIAL 820 55,278 SF 4,879 460 1 90 360 180 180 I 10511 RETAIL COMMERCIAL. 820 25,000 SF 2,971 271 1 65 218 108 108 1 1 LIGHT INDUSTRIAL 110 200,000 SF 1.381 123 1 6 117 14 103 4 HOTEL 310 140 ROOMS 1,218 106 1 37 69 37 32 1 1 19,161 1,861 278 1,589 684 1,019 1 FULL PROJECT (WITH TRANSIT CAPTURE OF 2.6%) TOTAL PROJECT PM PEAK HOUR EXTERNAL TRIPS I ITE DAILY PM PEAK I TOTAL EXTERNAL. AUTO AUTO I PARCEL # LAID USE LUC UNITS TRIPS TRIPS (EXTERNAL AUTO ENTER EXIT 1 I 2&3 APARTMENTS 220 390 DU 2,488 226 1 169 165 112 63 1 658 OFFICE 710 240,560 SF 2,724 365 1 338 330 66 274 I 8 OFFICE 710 124,060 SF 1,860 218 1 208 203 34 168 1 4 OFFICE 710 60,000 SF 830 1 i 1 I 106 103 18 85 1 759 RETAIL COMMERCIAL 820 65,278 SF 4,079 460 I 360 361 176 176 I 10511 RETAIL COMMERCIAL 820 26,000 SF 2,971 271 1 216 211 106 113 1 LIGHT INDUSTRIAL 110 200,I>DO SF 1,391 123 1 117 114 14 100 I 4 HOTEL 310 140 ROOMS 1,218 106 1 69 87 36 31 1 1 TOTAL 18,161 11881 1,583 1,643 651 899 FULL PROJECT (WITH TRANSIT AND RETAIL PASS-BYCAPTURE) TOTAL PROJECT PM PEAK HOUR EXTERNAL AUTO TRIPS I ITE DAILY PM PEAK (EXTERNAL PRIMARY AUTO I AUTO 1 PARCEL # LAND USE LUC UNITS TRIPS TRIPS I AUTO TRIPS' ENTER EXIT 1 I 2&3 APARTMENTS 220 390 DU 2,488 226 1 185 165. 112 63 1 656 OFFICE 710 240,660 SF 2,724 355 1 330 330 66 274 1 0 OFFICE 710 124,880 SF 1,660 218 1 203 203 34 168 1 - 4 OFFICE 710 60,000 SF 830 111 1 103 103 18 85 1 759 RETAIL COMMERCIAL. 820 66,278 SF 4,070 460 1 361 168 70 79 1 10W RETAIL COMMERCIAL 820 26,000 SF 2,971 271 1 211 95 47 49 1 1 LIGHT INDUSTRIAL 110 200,000 SF 1,391 123 1 114 114 14 100 1 4 HOTEL 310 140 ROOMS 1,218 106 1 67 67 36 31 TOTAL 10,161 1,861 1 1,643 1,235 306 838 NOTES: 1) PRIMARY TRIPS ARE N014-PASS-BY TRIPS 2) PASS-BY CAPTURE BASED ON ITE TRIP GENERATION, 6TH EDITION AND APPLIED TO RETAIL PARCELS ONLY 3) THE 00,278 SF OF RETAIL SPACE WAS ALLOCATED TO 65,278 SF AND 25,000 SF PARCELS FOR TRAFFIC ANALYSIS PURPOSES, THE ACTUAL ALLOCATION ARMY VARY, BUT, THE TOTAL MAY NOT EXCEED 00,270 SF. 4)' TOTAL PROJECT EXTERNAL IMPACT IS 1,236 PM PEAK HOUR PRIMARY TRIPS family use on parcels 2 and 3, reduction of retail, increase of office, and addition of a hotel. As shown, the revised project would generate 18,161 daily trips, of which 1,861 would occur during the PM peak hour. With the multi-family units and hotel uses, internal capture was assumed to be 15%, therefore the project would generate 1,583 PM peak hour external trips, (564 entering and 1,019 exiting). This represents a 32.5% reduction in external trips, as well as reductions in entering and exiting trips by comparison. Consistent with the 1994 NOPC Traffic Analysis, a 2.5% transit capture reduction was applied, and documentation from PSTA is provided in the Appendix. As shown in Table 2, with the transit capture considered, the project would generate 1,543 external automobile trips during the PM peak hour. Consistent with ITE procedures and the 1994 NOPC Traffic Analysis, a 55% pass-by reduction for the retail land uses was assumed. This results in 309 actual retail pass-by trips which is approximately 7.2% of existing PM peak hour traffic on Gulf-To- Bay Boulevard. As shown in Table 2, the actual impact of the project would be 1,235 PM peak hour primary trips which would be distributed to the roadway system. As discussed at the methodology meeting, the minor changes to the land use mix are not expected to have a significant impact on the expected trip distribution. The trip distribution for the 1994 NOPC Traffic Analysis was based on the Pinellas County 2000 FSUTMS model, and the distribution map from that analysis is shown in the Appendix. Table 3 provides an internal trip matrix which balances internal enteringlexiting trips among the various land uses, and demonstrates the overall 15% internal capture as requested by the review agencies. The various land uses, especially the introduction of multi-family and hotel, provide ample opportunities for internal trip interchanges as discussed at the methodology meeting. CONCLUSION Due to the large reduction of external trips, the proposed change does not constitute a substantial deviation per Chapter 380.06 (19) (b) (15) FS. Other factors, such as the completion of the Bayside Bridge, and the pending completion of Park Place Boulevard as part of the multi-family development on parcels 2 and 3, further reduce the impacts to the roadway system. The following trade-off conversion factors for Parcel 4 should be incorporated into the Development Order. Land Use XTEILUC PM Peak Trip Rate External Trip Rate Retail Commercial 820 7.4811,000 s.f. 5.98 Office 710 2.2411,000 s.f. 2.08 Hotel 310 0.76/Room 0.50 2 Conyersio,nFadors { Retail Commercial to Office Retail Commercial to Hotel Office to Hotel R:1ADNMfa MR'MIIX1002.=34 F ' ?6}hA}ln'.. e'SF:' 5.9812.08 = 2.875 (1,000 s.f. Retail Commercial - 2,875 s.f. Office) . 5.9810.50 = 11.96 (1,000 s.f. Retail Commercial 11.96 Hotel Rooms) 2.0810.50 = •4.16 (1,000 s.f. Office = 4.16 Hotel Rooms) 3 TABLE 3 INTERNAL TRIP MA TRIX TOTAL INTERNALINTERNAL INTERNAL ENTER EXIT 2&3 APARTMENTS (26%) 67 39 le 5" OFFICE (6%) 17 3 14 e OFFICE (6%) 11 2 9 4 OFFICE (6%) 6 1 4 7&9 RETAIL COMMERCIAL (ZQ%) 90 45 45 10&11 RETAIL COMMERCIAL (20%) 56 29 27 1 LIGHT INDUSTRIAL (6%) 8 1 6 4 HOTEL (36%) 37 20 17 . TOTAL 278 139 139 .. ? ? .?«.v... •yai.arw av?Ytf HwF 3if .w? •1•i .•t• 1.. •• ••t •4[? ?. a?4' ?.?'r .••• i f . 1 t '. }?s 1 ' "PEDWDC i E C Telephone (8 13) $30-99. l 14840 49th Street Noah, Clearwater, FL 34622-2893 PAX (813) 535-5580 August 5, 1994 Mr. Robert Pergolizzi, AICP Senior Transportation Planner King Engineering Associates, Inc. 24945 U.S. Highway 19 North Clearwater, FL 34623 Reference: Park Place DRI Dear Mr. Pergolizzi: We are in receipt of your recent inquiry regarding the traffic analysis for a proposed change to the Park Place DRI. The proposed 2.5% transit mode split is a reasonable assumption under the following conditions: 1. PSTA is allowed to run buses through the development in order to serve Park Place from both Drew Street and Gulf- to-Bay Blvd. 2. The developer grants permission to PSTA for the on-site installation of bus stops, benches, and shelters along the main roadway connecting Drew Street and Gulf-to-Day Blvd. 3. PSTA is notified at. least two (2) months in advance of buildout, so that we can revise the necessary routes and schedules, and install bus stops, passengers benches, and passenger shelters. Contingent upon the developer agreeing to these stipulations, PSTA concurs with the proposed 2.5 transit mode split. We look forward to working cooperatively with the developer, so this goal can become a reality. Sincerely, PXNELLAS SUNNCOAST TRANSIT AUTHORITY William P. Steele Transit Planner WPS/ch cc: Roger Sweeney, Executive Director Michael J. Siebel, Director of Planning - %bm *1 d cc . r 19 p m SUNSET POINT RD. Ip/ r 196 Z w D W l Y ? SITE DREW ST. *% P---qv - t 1 CLEVEL6ND AVE. 1021. 4il- iULF-TO BAY BLVD~ 1. .? 21 :.N s% 3 }RUlD RD. _.3.% ?: 40% ae M NURSERY RD. BELLEAIR RD. ;- ° 0 o cc ? w w z w w w Y C9 EAST BAY DR ` ROOSEV LT LVD. PARK PLACE D.R.I. PROJECT TRAFFIC DISTRIBUTION M TAMPA BAY zm:: FIG. 3 PARK PLACE DRI PARCEL 4 CONVERSION FACTORS I. +. Land Use ITULUC PM Peak Trip Rate External Trip Rate Retail Commercial 820 7.48/1,000 s.£ 5.98 Office 710 2.24/1 .000 s.f. 2.08 Hotel 310 0.76/Room 0.50 Conversion Factors Retail Commercial to Office Retail Commercial to Hotel Office to Hotel 5.98/2.08 = 2.875 (1,000 s.f. Retail Commercial - 2,875 s.f. Office) 5.9810.50 = 11.96 (1,000 st Retail Commercial = 11.96 Hotel Rooms) 2.0810.50 =.4.16 (1,000 s.f..Office = 4.16 Hotel Rooms) E+XE! 1 B IT "C" f 3 9 O O •,,4!! R R R U ,,, / / / _ > d' -a CZ? CZ? C] CO T-- 'Q Cth _.J - - ?-p U? CCr3 h ?? •? 4yJJ 7?Im •E m •E u i E U- N C u? m tMY? emu. . nu .C CL ° .C a ? _j a) ° t) Q v, C (D LL 0 ?- o a. a ._ ui cs. E .- C 3 om" 41 U ca CD C7? usNU u a) NNV 4 0 0 Off. .r_ C\j NC) CL -- ° ca 0. C^3 C-4 0 cv co d W Z V ~ M 4) U N w d a a o a, o a o cr) C © o u O o C) a a O Cl O C p O co Iq a ? cQ O p O Z LO ? co C9 co (b co V N (V N rn CV em a Y- r r f . 61 . LO -11 44 0 as b0 ca Qi i 1 M:4 m C; 0. OI Z( 'U > t} J C13 Tcr) -- C N O M v E °i ...i .? a) O LL 43 p 0 CCT a) Z U 9 ? O D N a;?o.a.? a. c°0-? ° N C] O O v 0 N D 0 0 0 r C? N v d x 0. c` i b -p `l 3 co -C (0 a4 N co 3 0 mo u M xMmE mv':ro a.. b to a U .a. O NT 19 T 0 -1 X ?Lo 1V m c '12 , 20 (aM ?O 0 jL to -j co M -i (D O U W c?fU o` to UT m rn o ? j ccyy C O J Lt ?'C Co c co Q Z) E c ?o° Crn cl r- ai Cx1 W Q 0 c]. Cn c i U O U [3 ? o O Q O O p p O •r- O N 99 0 r- CD C N T o a G , C) C3 8 0 4 c7 o N 0) ti 9 99 C* (D co (D w C N T I N N N N •- T Q (D rl- Gn O r rn O a O O 0 a 0 M M O (0 07 N ti T M Q N a? to P4 )v { CD ' W n T ?. ? 3 Nr M to q f7 CD t ?? _J LL LL (D L V- - D7 'l7 Q O a `-'m 3 C O .gym ? O o ?m rn a ° o c ' ? va ° ?a . ? C R Q 0 o 0 0 Cf) cf) 0) co N • v 0 ?-- 1 tip 0 0 6 0 Cl m M cU to N ti r 0- W Y• y O N 9 0 W O m d bo co Aa 11 i __------------- ---1 ? - --------------------------------------------------------.--- 1 ?I QQ O i PARCEL 3 STREET 1 M • . e?i .i. ?..i. i..?.i.;. PARCEL-1 nilwr+rt,4r.,.e+al,ri ' •%.Ip;gy._;.? , . ....•r wll+,rrlt+,nt,aa,t MOO Tic 411 - 111tr. : f , ? 4 -1- w truer: . , ' ' a: 1 1 1 _ ^ 1 ? 1 n • t ri'? ?• r r ? rt., -? •;tit ,• n- y a .? r te,` •, ?t w a ?C???t , r ?, 1 KM t,J , • N N i•N IM ?w1 ?, , kM -- - PARCEL 8 PARCEL k ` O IT -I- U 7 r-? -hr w+'/ PARCEL 2 + 1 6 ? !'71 64 04- tj" t.atr ". 11 r h its i. \ lu {Y+?r`+ hF Ft ` E ?r zb Q Mtr v ~ ~ tt ??? I;U PARCEL 7 PARCEL '6 "? i• fir.` " t1 ? ? 'c?.??! ire wr J c k a s.ic M a r c PARCEL 5 n t?-y`6 ? rF ?? } 7th '???$' WA tq. ?939? t t r ? ' a f I I - wa w ? ! .. ,rl;a f.aa TO 1 I I BAY. a t w .`? I I cr% W W W la+d w W W I , 1. .d. EXHIBIT "E" `-?. ,aw»e?.v?.xdH'la.v?I.+....r,??v:nw..., •?y ....... LL Mn 2 ?M W U O a 7 W D J F- L?L to Cl) H J Z g w a a }fz tJ W ;'Q Q Q Q rr 1 ?`'.< T?'+L:yff''.C S y Y ? T;•.: :%j`t.a? Q Q Q s?k•P .. ,?4 Yxfh:i Y/ Z Z R. K t: a? .i• T Sri' n .t? ,. $35r.?5.4 c W ?1• W C cu a?} g„? r E E ?.? N [C 0 N N W ? t t 4 < ?' cm ro .. c cm ro N t` t $ri Ln fn a 0 C N 0 .0 CL C N 0 CL U 0 ra Ch N trill r-: t t' x: .3Sr. i :ak?' N C} ro U "C N O F ^ L G} N CJ N ro N O G v N N ;q N ro rn o U N U 'S7 i? ? ? co Q . 0 L C C w ? C N C N ca C `1 Ll. C C ro C O y " ro L C C. O (? G a i se cn _ a C N (D fn m p w " d N a 7 f5 of E w c? Z, 'S cv c?'o m cc c? ¢ ¢ E E a V- m N a r- CL r- 'm tm E e p 0 ? yr T4 Fi a5 sa a n O sn p 3 €a C tti Q ¢ ? C n m ._ tp a Q a ' ? ? c C U 4t Q (n4 © ¢ W [x}- C7 p L ? ¢cn¢ op E a ?D mu O t ?¢ ¢ ti?\?\ S?•yf. x'„`W F 4 Y' ± O a i?43?.?s: Q = a Q V v LG a Z U Z 0 4 O J a z m 1 J z 5 w a Y Q CL ' Q1 r N CY) Q1 QI 0, 1 ars .. Q1 w O1 O1 a 0 a a a a I'M X r < cm 0. CO , L L cl C' O '1L Itt .. LLi "+4 m 2 a w .H a M o 0 ca © o o = Q u. a ?y 3 ?;a 4 o 1 0 i o 1 c5 1 Q d 1 c 0 ?< y 4 , z L t? -`?,+? ,a; ?' w Cl d CT CD 4l a O w '• y o. N C. N C. N C. y C. N C. y C. y C. E 0 0 o O ` o o a 4ky;' ? CL a`. a- ci N a O a d3 a. O n N Q x.t O G d C O co C c cm a F C C ;?,? U U U U U U U U :.Q. Z Z Z Z Z Z Z Z a 41 Yip N/ X ? . *: E y N { '4f??k` :> Q3 ? ? ¢ . 7 c V y G ?- G1 t CO N a N a c N ' im N m O O w O N E O L N C C yv ? V C O. N O C O _ N O i • 0 cn ?= ,:pis` Q ? a a] w ?t U 'v1 ? D ? Q f'•FKt 2••'SV 5..37k y"?•.•1 n[ 4 S?.yti?'k+ , Crt? ?\i ?}b {?1 x N N .. a .-. rn ^ r ,-. *- rn .-. on .-. th rn ? ?\ $h % Q} CP t73 a ZZ) 'Z"F?? \w\c w v r w ? w v r v r r v ?-+ ° E E Q QS QD ? 4 ? E E ?? { CL m o `iii 'H off. O0 w ? ? QO C7 to 4 r?iy2, r. m H 'H co m tII ?• SV G Q 4 ta5 ? Z. ?? (D a z > '' °- e ter` cV a. O O C ) ????4 w ,,.. LO tr ° to W to 'e•\iik r V 0) QD Q) Q) (D m ; . QS O y. a O a o °. Q Q. Q CL O Q O Cl ?t>?a ? e ? 0 0 o Q f{'? W 4 a a a t) a a a o. N z ?, 4) CD c cm cu 0) (1) cn Q) to CU 0) z z ?;,p ,Ys`f U U U U U U U Z Z Z Z Z Z ia•.[...tC? A, .S \c <aS E ? o N m (? m w E ? a Q, to E ?iw?V t 9 ? •n ? CA ? R.M. ? ?, ro rV _ to ' )CL a a ° N m ° CA N m ° ..° iq of 0 0 CU N Ln .-. v QI N r<<K ' w_ w N 01 C C NN N cc tp C CJ C C co m cn C 4) C > W CL (5 > § w?O ai -r ca } e o rn m ° ° c .. U v Q? 15 Q tti c ? ° t c c ' o m 8 cm E ?? CL00w rye m a 0 ?a+ ?icu ? ?65 U U ? W3 -, Q 1 Q Q 4? k } Q q? V1 1-?Q y ?r *•F\ .r} `Y. [Y v.V1 fJ? 33p ui cWS o M m . v w', `F ti '.< ?n rn ?` Cn rri Gs rn a) a) rn rn ?? ti/ \? `I y 4I V #?a cn ? a?i O ? -H (t) CD CD CD F ?'s ??' *f? ?n ?Z M in to to Y ;?? N 41 .z a a a a z a o 0 ,? z z '?? a 'a n 'v n n •v ' O Q 4 Q d 0 O C. Cl m C. M C. CS. O O O e P- O e yw a a a a a a a v,I : a 1 a7 (1) a7 a7 cu W a} ¢1 ?` ?. 2 rn 03 C) to to CY) to z fi. x'aat. ?,,,n.CZ U U U U U U U Z z Z z Z z z a3 V7 cu a) ?. E ?. a; o ro rn ?M v a t0 ?? 'p cV W C C. .:? •? N •C F as >% cm c 'Q W a b c I-- c x' to a s in ? a2 o a t1, m aD 0 to (U o ai o c Eli. 0 -Fu 'D 2 a ' tm -5 < 00 o cn a aa)i m ? a aQcoa. to¢ E¢ U) d ¢ s,. O tit Itr t 4 . 1 `C,:' 0) ~ C) a:; a a M r ? •-• Y'W s' t'h QG C? ? O ? to LQL. 2 try Cl 0 t cv o i a E ?:; o +I -H ?. Q CD to ? a) M .. T. c W w 0 O O o 0 u' N•H H ai Q C G Q Q f! O 000 . 2 •G O 'C O a' c c ,,,? ' •? o rn N to OD is M 'l J: a) ;`? t q i ?=# N N y a N o N 0 0 a) 0 5£ y Q Q. 0 CL 0 a o. 4 a D rr?? a a a a. a n. < s4 m ?1 of c1 (U m CT) Cl) l z Z E Q ? ca U m U m U m U cq U , 11i 1 0 O 0 z . o- AN 3$Y: 9: "YY ;cl??t ?rF:i¢3 ?r rL ss? {` ; }r V a:x't# 4l CL) } y E a) E m N .F.,,ri>?F N f9 co y v£ pY. 'vi c? O O O 'y c ? ?T QI QI 0 Y?? C6 co ? C N fV ? ?. N . YYYOf' 3"ya N N () Q, ~ N y ?. ` U) Q. n Y ?l'O' W G ) C ? C C} ? C G W t=..G.;?? 't' x<htk C N D y U 4 V7 C • C D y m Q? O U C U 4 N ? IC (D O C N N V i N C7 O (n C: C 0 V o m O C >F? ?. F -. a,7">.1iY.i 'D U 0. a) a? G r! p N N _ C Qa (] u N O f11 4l •? •?i !!? cL N O C V! 0 y Im Q) ,f.a:n 0 m cm c >4 ° 0 E o o. 6 a (n 0 Epp co '2, : v's : 3 ftf 0 Z cn CL E Q nl C 3 ` ¢ C a) 0 n Q p Ncm U L E Q LY p ?] co E Q nr; ,`y c? o Q. W c G 0 0. a: O W v ? ai ar O v (L W O 4zc<° Q IL w ? Q k Lt. it co Q?Q Qm??Q Y .F.. x:E' f'r.: •. - :i:::•i:ds. ' y3b. w;: U) Z 12 to V pd d:4 y,d t 'r lS.::."S 4n z z z Z z z z 1 Z z Z - _ ; N `a?c`? a n a a . In a ?c V) a V) a in ° ro ° P ° a - a Q ¢ a Q Q (1) CD at:r. C C C Z Z Z Z Z ro ro ca C M :ritiy[ k. ;• '` a aa) aa) a a tii"` < O O O O 0 c 1?M! ; CL CL Q O 0. O CL O a E :Y r >:;G a a a n. o. co co m co cm CD °' °' CY) Q1 C 0 ' z z zz zz z ;;} ro ca to co ro U U U U U yal`a z Z 0 Z 0 Z 0 Z , £y 'g, 1y? r If z Q " `rwrc..a • tom. ; .?d 2.;. N O o n. r,_ N 0 C. X CJl w N `tr. ca U O ro o ` Lt ` ?' N C C O C C . y s ? C C O U G M C O 4l }t L'? ??:s:,:zs; O a 0 _ L Q U E C L O U a L m tm o a O 0 U a C 1 11 , em r; . l!1 f ILL •:., .:..: l7 LL. 1x U ; s C1 1 V l.E ? . nt: i:? t/1 y ? 12 U. U) a O N ?i3° U Z U Q 111 0 to .. Z N pl; <'A' A O a d (U o 0 0 ca : ro ro ? E CL Q r' CL co C O [V V a N .?+ N U c O a > E ? L ? c >+ n >+ E C13 E E a. r. act U C D7 E E C w to 0 N .? yj U 5) U C > ro a V) •t to v1 E U cV .: v C C? CD U Qi N ro O C E E C tU w N a E turo>0 .. .oNU>_ CL) a >4.0 ° m N tU co o co w b oUEc?L is a _ O Q) a U ? C0 c _ wE'inQ cu CL 0 o N t= O L d C w •°» m - > •? °o p n U) C 0.= t ? N C _ U_ N C }. O O O in. ' y A p E p L T V? E 2= V ? m C.tn vin a+ N,? V u Z¢ Lro W a tTG 9i t0 ca (DaN V ? CV? ?. Q O o ? 0 "" rw 0= a 3dd_LQ a. ° w d a?3 voi " C U ro rnro L E2 C O In G ro a CL 0) n `3 p o 0 ? •a? ? Q1? ? O C V is 3 o8 =vic".Ea`a O V U c o T< CD-D ca a o c a c.° o Cc m I.- CU ;5 W to •- U C [1 > _ O ro .+ 0 C =ac CC: 0r- CL E o v) cu 0 - cu a ¢ L U U C_ - c+1 , U > C Q. a LL or is 'm o y nj O 0 a? U U E y 0. U 0 C Q y1 p O U to tT ro [2 N C L crw w to - w =0 - C U- O a N o Ce) 01 U C. •O ca C C tr v N >I Q C C 'M ?_ C is ?17? C a.a.c cu Q CO x 10i1 ° a a:?E C N E o o o ro s o_ o> v O , uj O C w Z E U¢ C U O o O 01 to O Ul v Ll. A C C O C (D a) 20 0 0.- E E o LU U - o QEa??oF-? m= E W (? N C o O G .C C a 0 ca d to M QE *5R 'a d oEac O O in (D d C` CU ca m a1 m O 0 U O `? O O U o C E ca c CL C ° rn a1 U E aE > c ;c o Q,?c?' (1) Ex U) C. ro cu UF? w Ln 0!5 N Cl o f 't3 U ca C. L C a C N O N° o 0ro?°? ro Z .. N a U w U GC1 N C W N 0'" a m a u U C o U v ai?a+U c ?E CL m Er--•? m ac L a a u1Aio ¢ a.w?o.W000 o >> N m v o w r. mm 15i lop r) a ORDINANCE NO. 6107-96 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING ORDINANCE NO. 3205-83, AS AMENDED BY ORDINANCE NO. 3287-83, ORDINANCE NO. 5142-91 AND ORDINANCE NO. 5722-95, A DEVELOPMENT ORDER ISSUED PURSUANT TO CHAPTER 380, FLORIDA STATUTES, FOR PARK PLACE, A DEVELOPMENT OF REGIONAL IMPACT; PROVIDING FINDINGS . OF FACT; PROVIDING CONCLUSIONS OF LAW; PROVIDING A CONVERSION FACTOR FOR RETAIL COMMERCIAL, OFFICE AND HOTEL DEVELOPMENT; REFLECTING THE CURRENT OWNERSHIP AND CONFIGURATION OF THE PARCELS OF THE DEVELOPMENT; DETERMINING THAT SAID AMENDMENTS ARE CONSISTENT WITH THE ADOPTED COMPREHENSIVE PLAN; PROVIDING FOR PROPER NOTICE OF PROPOSED ENACTMENT; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, on September 1, 1983, the City Commission adopted Ordinance No. 3205-83 (the "Development Order") which ordinance constitutes a development order for Park Place, a development of regional impact, affecting the property described on Exhibit "A" attached hereto and incorporated herein (the "Development'); and WHEREAS, on October 20, 1983, the City Commission adopted Ordinance No. 3287-83, an amendment to the Development Order and readopted Ordinance No. 3287-83 on December 8, 1983; and WHEREAS, on December 19, 1991, the City Commission adopted Ordinance No. 5142-91, an Amendment to the Development Order; and WHEREAS, on January 19, 1995, the City Commission adopted Ordinance No. 5722.95, an Amendment to the Development Order; and WHEREAS, on 1996, Park Place Land, Ltd., a Florida limited partnership, the owner of certain undeveloped areas of the Development, filed an application entitled "Notification of a Proposed Change to a Previously Approved Development of Regional Impact ("DRI") pursuant to Subsection 380.06(19), Florida Statutes" (the "NOPC") with the City of Clearwater (the "City"), with copies provided to the Tampa Bay Regional Planning Council (the "TBRPC") and the Florida Department of Community Affairs (the "DCN ); and C-XUI? G Ordinance No, 6107-98 WHEREAS, the NOPC proposes to amend the land use conversion factor for Parcel 4 shown of incorporated herein for the conversion of approvec office and/or hotel development and (ii) reflect configuration of the parcels of property within tl "Proposed Changes"); and Development Order to (1) provide a Exhibit "B" attached hereto and retail commercial development to changes in the ownership and ?e Development (collectively, the WHEREAS, the ownership of the Development Is as shown on Exhibit "B" attached hereto and incorporated herein; and WHEREAS, portions of the Development are individually referred to herein by the Parcel Numbers shown on Exhibit "B" attached hereto and incorporated herein; and WHEREAS, certain of the Proposed Changes, combined with previous amendments to the Development. Order, are presumed to create a substantial deviation, pursuant to Subsection 380.06(19), Florida Statutes; and WHEREAS, the NOPC has satisfactorily addressed all regional issues related to the Development and the presumption of a substantial deviation has been rebutted; and WHEREAS, the City Commission, as the governing body of the local government having jurisdiction pursuant to Chapter 380, Florida Statutes, is authorized and empowered to consider applications for proposed changes to previously approved DRIs; and WHEREAS, the public notice requirements -of Chapter 380, Florida Statutes, and the City have been satisfied; and WHEREAS, the City Commission has reviewed the NOPC, as well as all related testimony and evidence submitted by each party and members of the general public. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Introduction -This Ordinance shall constitute an amendment to the Park Place Development Order as previously amended. ecti .nL2. Endings - The City Commission, having received all related comments, testimony and evidence submitted by each party and members of the general public, finds that there is substantial competent evidence to support the following findings of fact: A. The Park Place Development Order, as adopted by Ordinance No. 3205- 83, and amended by Ordinances No. 3287-83, No. 6142-91, and No. 5722- 95, is a valid final development order within the provisions of Section 2 Ordinance No. 6107-96 163.3187(8), Florida Statutes, affecting the property described on Exhibit "A" attached hereto and Incorporated herein. B. Park Place Land, Ltd., a Florida limited partnership, the owner of Parcel 4 of the Development as shown on Exhibit "B," has proposed the following amendments to the Development Order. 1. Adding a land use conversion factor for Parcel 4 for the conversion of approved retail commercial development to office and/or hotel development; and 2. Reflecting changes in the ownership and configuration of the parcels of property within the Development; and 3. Modifying certain provisions of the Development Order to be consistent with changes described In the NOPC. C. A comprehensive review of the impacts generated by the Proposed Changes, together with all previous amendments, has been conducted by the City's departments, the TBRPC and the DCA. D. The Proposed Changes are not located in an area of critical state concern designated as such pursuant to Section 380.05, Florida Statutes (1993). E. The Proposed Changes, together with all previous amendments, do not increase the external traffic impact of the development, nor do they create additional impacts on other public facilities, including water, wastewater, drainage, solid waste, recreation and mass transit, from the original projections set forth in the Application for Development Approval ("ADA"). F. The Proposed Changes heretofore approved are determined not to be a substantial deviation to the Development Order. ecli gn 3. Conclusions of Law - The City Commission, having made the above findings of fact, reaches the following conclusions of law: A. The Development as built to date is consistent with the local comprehensive plan and local land development regulations under which it was developed. B. The Development as modified herein, and as depicted on the Revised Map H, Master Plan, attached hereto as Exhibit "C," will not unreasonably interfere with the achievement of the objectives of the adopted state land development plan applicable to the area. 3 Ordinance No. 6107-96 C. The Proposed Changes are consistent with the local land development regulations currently in effect. D. The Proposed Changes, together with all previous amendments, do not create a reasonable likelihood of additional impact or any type of regional impact not previously reviewed by the TBRPC and DCA, over those treated under the Development Order. The Proposed Changes, therefore, do not constitute a "substantial deviation" from the Development Order, pursuant to Chapter 380.06, Florida Statutes. The Proposed Changes are exempt from the provisions of Ordinance No. 4983-90, City of Clearwater and the Paris Place DRI remains vested thereunder. E. Nothing herein shall limit or modify the rights originally approved by the Development Order or the protection afforded under Section 163.3167(8), Florida Statutes, except to the extent that specific rights and protections are limited or modified by the Proposed Changes to the Development Order as approved by this ordinance. F. The Proposed Changes are within the threshold guidelines of Ordinance No. 4983-90 of the City, relating to determinations of vested development rights, and the Park Place DRI remains vested thereunder. G. These proceedings have been duly conducted pursuant to applicable law and regulations, and based upon the record in these proceedings, the various departments of the City, Park Place land, ltd., and other owners of the Development are authorized to approve/conduct development as described herein. H. The review by the City, the TBRPC, and other participating agencies and interested citizens reveals that Impacts are adequately addressed pursuant to the requirements of Chapter 380, Florida Statutes. ,aectioo I , Order - Having made the above findings of fact and drawn the above conclusions of law, it is ordered that the Development Order be amended as follows: A. The Conceptual Plan described in Sections 4.A. and 4.J. of the Development Order is amended to be as shown on Exhibit "C" attached hereto and incorporated herein. All references to the Conceptual Plan set forth In the Development Order shall refer to the Amended Conceptual Plan attached hereto as Exhibit "C." 4 Ordinance No. 6107.96 B. Section 4.C. of the Development Order is amended to read: 4.C. The Project is approved for a total maximum floor area of 1,145,520 square feet, comprised of a maximum 795,520 square feet of office use, a maximum 200,000 square feet of Industrial use and a maximum 150,000 square feet of retail commercial use, subject to the conversion factor set forth in Subsection 4.A.A. The permitted maximum floor area is to be approved subject to the FAR limitations set forth below. C. Subsection 4.A.A. of the Development Order is amended to add the following: Conversion factors to permit (1) 1,000 square feet of retail commercial development to convert to either (x) 2,875 square feet of office development or (y) 11.96 hotel rooms and/or (ii) 1,000 square feet of office development to convert to 4.16 hotel rooms are hereby established for the retail commercial area shown as Parcel 4 on Exhibit "B." These conversion factors are set forth in the following table: LAND USE TRADE-OFF-RAM .?+, ?•y? , /y PARCEL 4 ? Wt 1,000 sq. ft. Retail 2,875 s q. ft. Office 1,000 s q. ft. Retail 11.96 Hotel Rooms 1,000 sq. ft. Office 4.16 Motel Rooms Notwithstanding the foregoing, development on Parcel4 shall be limited as follows: M1N1M1JM:: ; : MAYJMUM Office 0* 130,505* Hotel 0** 224** *square feet of moor area "rooms Thirty (30) days prior to issuance of any permit which utilizes the conversion factors, DCA and TBRPC shall receive notice, from the Developer, of the proposed use of the conversion ratio. 4 5 Ordinance No. 6107-96 D. The following subsection is added to the Development Order as Subsection 4.E.E.: E.E. Prior to the issuance of any development permit for any portion of Parcel 4, the owner of Parcel 4 shall grant to the City a perpetual non-exclusive easement for pedestrian ingress and egress and construction and maintenance of a sidewalk at the City's cost. Such easement shall be ten feet (10') in width along the southerly boundary of Parcel 4 and shall extend from the westerly boundary of Parcel 4 to the easterly boundary of Parcel 4 ("Sidewalk Easement"). The City agrees that the Sidewalk Easement may be located within any setback areas on Parcel 4 and shall not have the effect of enlarging' any Parcel 4 setbacks or otherwise reducing the development rights for Parcel 4. E. The following subsection is added to the Development Order as Subsection 4.F.F.: F.F. The owner of Parcel 4 shall be entitled to curb cuts for the purpose of access to and from Parcel 4 and Park Place Boulevard. F. The amendments stated herein, together with all previous amendments, do not constitute a substantial deviation, pursuant to Chapter 380.06, Florida Statutes. G. Nothing herein shall limit or modify the rights originally approved by the Development Order or the protection afforded under Section 163.3167(8), Florida Statutes, except to the extent that specific rights and protections are limited or modified by the proposed amendments to the Development Order as approved by this ordinance. H. The City Clerk shall send copies of this ordinance, within five (5) days after passage of this ordinance on second reading to Park Place Land, Ltd., DCA and TBRPC. 1. This ordinance shall be deemed rendered upon transmittal of copies hereof to the TBRPC and the DCA. J. Notice of adoption of this ordinance shall be recorded by the Developer in the public records of Pinellas County, Florida, as provided In Section 380.06, Florida Statutes. Section 5. ftrAive Date. This ordinance shall take effect when filed as provided by law, unless this ordinance Is appealed, in which event this ordinance shall not take 'effect until such appeal has been decided. 6 Ordinance No. 6107-96 F I PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Attest: Cynthia E. Goudeau City Clerk Approved as to form and legal sufficiency: Pamela K. Akin City Attorney Rita Garvey Mayor - Commissioner 7 Ordinance No. 6107-96 EXHIBIT "A" TO ORDINANCE NO. 6107-96 Commence at the center of Section 17, Township 29 South, Range 16 East, Pinellas County, Florida and go S 89°46'01" W, 660.00 feet, along the South boundary of the Northwest 114 of said Section 17 (the East-West centerline of said Section 17;) thence N 00°19'21" W, 50.00 feet, to a point on the North right-of-way line of Gulf-to-Bay Boulevard - State Road 60 for a POINT OF BEGINNING; thence, following said North right-of-way line, S 89°46'01" W, 58.49 feet; thence N 00°13'59" W, 10.00 feet; thence S 29°46'01" W, 1319.21 feet; thence, leaving said North right-of-way line, N 01°04'04" E, 599.99 feet; thence S. 89°46'01" W, 198.43 feet; thence N 00°52'21" E, 554.70 feet; thence S 89°54'49" W, 400.06 feet, to a point on the East right-of-way line of U.S. Highway 19; thence, following said East right-of-way line, N 01 °04'04" E. 28.15 feet; thence along a curve to the right that has a radius of 192.00 feet, an arc length of 72.82 feet, a chord length of 72.39 feet, a chord bearing of N 11 °56'04" E, thence N 22°47'58" E, 11.93 feet; thence along a curve to the left that has a radius of 238.00 feet, an arc length of 16.13 feet, a chord length of 16.13 feet, a chord bearing of N 20°51'27" E, to a point on the North boundary of the Southwest 114 of the Northwest 1/4 of said Section 17; thence, leaving said East right-of-way line of U.S. Highway 19, N 89°54'49" E, 1222.19 feet, along the North boundary of the Southwest 114 of the Northwest 114 of said Section 17 to the Southwest comer of the Northeast 114 of the Northwest 114 of said Section 17; thence N 00°22'28" E, 1337.33 feet, along the West boundary of the Northeast 114 of the Northwest 1/4 of Section 17 to the Northwest corner of said Northeast 1/4 of the Northwest 114; thence S 89°56'11" E. 1312.06 feet, along the North boundary of said Northeast 114 of the Northwest 114 to a point on the West right-of-way line of Hampton Road - County Road 144; thence S 00°19'21" E, 2337.71 feet, along said West right-of-way line; thence S 89°46'01" W, 627.00 feet; thence S 00°1021" E, 280.00 feet, to the POINT OF BEGINNING, containing 99.133 acres, more or less. Subject to easements and rights-of-way of record. Information taken from survey by Lloveras, Baur & Stevens, Consulting Engineers-Land Surveyors, Clearwater, Florida, February 23, 1982. Ordinance No. 6107.96 See Agenda Drawings #9 11-7-96 l'•r .y r 1?F-f •• .li Y (a r?. ?3 c afr •ar ti y•`e i i,`qu: • ? J Item # 10 i a Clearwater City Commission item a: P Agenda Cover Memorandum . , j l . Meeting Date. SUBJECT: • Petition for an addition of a Wendy's restaurant to the Wal-Mart Clearwater Commercial Planned Development (CPD) Site Plan; Owner(s): Wal-Mart Stores, Inc./Wendy's International, Inc. (Z 96-09) RECOMMENDATIONNOTION: * Approve the Petition for an addition of a Wendy's restaurant to the Wal-Mart Store's Commercial Planned Development Site Plan for Loehmann's Plaza Replat, Lots 1-3; Loehmann's Plaza, Lot 1 at 23106 US 19 North as it appears to be supported by the Standards for approval of Land Development Code Section 40.675. ® and that the appropriate officials be authorized to execute same. SUMMARY: EXISTING ZONING AND FUTl1RF l_ANn 11SF EXISTING ZONING DISTRICT Commercial Planned Development (CPO) EXISTING FUTURE LAND USE CLASSIFICATION Commercial Limited BACKGROUND: 0 There is a history of development requests and amendments for this Wal-Mart Store's Commercial Planned Development. On December 3, 1991 the Planning and Zoning Board held a public hearing to consider a request for amending the Zoning Atlas from Commercial Center (CC) to Commercial Planned Development (CPD) and a review of a Master Site Plan. The request was approved by the Board subject to 13 conditions. At its meeting of December 5, 1991 the City Commission unanimously approved the request subject to 13 conditions and passed Ordinance 5145-91 on first reading. Reviewed by: originating Department: Legal NIA CENTRAL PE ITrING Budget NIA ? 6 Purchasing NIA User Department: Risk Mgmt. NIA 18 NIA ACM NIA Other Advertised: Submitted by- Ity onager Date: 10128196 Paper: TAMPA TRIBUNE ? Not Required Affected Parties: ? Notified ? Not Required Costa: Funding Source: ? Capitol Improvamente ? Operating. ? other: NIA Total Currant Fiscal Year Appropriation Code Commission Action: ? Approved ? Approved wlConditions ? Denled ? Continued to: Attachments: LOCATION MAP APPLICATION SITE PLAN ? None 0 Printed on recycled paper Z 96-09 Page 2 • Most recently, the Planning and Zoning Board on July 16, 1996 held a public hearing to consider the request to modify Commercial Planned Development (CPD) condition #15 on the certified site plan to allow Wal-Mart to remain open 24 hours per day and seven days per week. The Board voted unanimously and endorsed the request to the City Commission subject to an additional four conditions to the former 13 conditions of approval. The City Commission, at its meeting of August 1, 1996 approved the request by a vote of 3 to 2 subject to these additional four conditions. • The current applicant (Wendy's International, Inc.) is requesting a zoning amendment to the Wal-Mart CPD in order to increase a nonresidential development density in the area. Under this proposal, a 2,815 sq. ft. Wendy's restaurant will be constructed on the outparcel adjacent to US 19 North between the Kinko's Copy Center and Jiffy Lube. The proposed project will constitute a major amendment to the previously certified site plan for Wal-Mart CPD. Any amendment involving an increase in intensity of use is subject to approval by the City Commission. • The applicant asserts that Wal-Mart will not lease or be involved with this outparcel in any way other than the typical cross access easement. According to the applicant, Wendy's International Inc. intends to purchase this property from Wal-Mart subject to all approvals from the City and will be the fee simple owner. OBSERVATION: • Staff was initially reluctant to support this request because the proposed development could block the view to the principal use (Wal-Mart Store) in this CPD district due to concerns about situations currently experienced at Levitz Shopping Center (Grant Plaza) located on the east side of US 19, just north of Belleair Road, as well as the Harbor Square Shopping Center at the NE corner of US 19 and Sunset Point Road. These centers' marketability Is adversely affected because the tenants have limited visibility from US 19. The Wal-Mart property would have a 110 foot lot width under the current proposal, considerably less than the 300 foot minimum lot width of the Commercial Center districts to which this site is most comparable (and was previously zoned). However, the applicant has revised the site plan to increase separation between the Wendy's building and the Kinko's building and has developed view corridor information that indicates that Wal-Mart will be readily visible from US 19. The proposed lot size meets the minimums established for the Highway Commercial zoning district which many properties along US 19 are zoned. • Traffic congestion on US 19 and N. E. Coachman (SR 590) will increase with a proposed development which will generate 1,999 additional daily trips to the area. The 1995 Link Level of Service for N. E. Coachman and US 19 both have a level of service "F", and US 19 is currently over capacity due to both local traffic from adjacent developments and Inter-city movement. This concern will be addressed as the applicant goes through the site planning process and concurrency management requirements are imposed. It appears that concurrency requirements can be met as US 19 traffic volumes have substantially decreased since 1990. Z 96-09 Page 3 • A number of interchanges and overpasses are included in the adopted MPO 2015 Cost Affordable Plan for US 19. The Northeast Coachman Road overpass is included in the proposal. No construction date has yet been established, but according to the MPO staff construction work will commence at this location after the Drew Street overpass is completed. The MPO staff further added that the right-of-way acquisition negotiation has already begun. It is important therefore that any development review process include considerations for access management in this area. The applicant states that the FDOT "taking" line does not include the Wendy's building or any required parking for the business. • The applicant shall comply with the height and area requirements as established for any proposed signs in this zoning district. Staff can support a 75 sq. ft., 20 ft. tail freestanding sign and 75 sq. ft. of attached signage for this site. Pertinent information concerning the request is summarized in the tables below. EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND SURROUNDING PROPERTIES LOCATION IN CITY OR COUNTY FUTURE LAND USE PLAN CATEGORY ZONING ACTUAL USE Subject Property City Commercial Limited CPD Wal-Mart Store City - Commercial Limited CPD Kinko's Copy_ Center South , City Commercial Limited CPD Jiffy Lube East City Commercial Limited CH Mixed commercial West City Commercial Limited CPD Wal-Mart Stores • The Planning and Zoning Board held a public hearing on this application on October 15, 1996 after which they voted to endorse the request to the City Commission by a vote of 5 to 1. The Board did ask staff to confirm the applicant's compliance with the perimeter landscaping and site lighting conditions at the previously approved site and advise the Commission regarding compliance status. This will be addressed in a separate memorandum. OTHER REQUIRED REVIEWS AGENCY YES NO Pinellas Planning Council/Count wide Planning Authority x Florida Department of Community Affairs X • ABBREVIATIONS;' CPD = Commercial Planned Development (City); CH = Highway Commercial (City) & FDOT = Florida Department of Transportation. CC Z96=09 CITY OF CLEARWATER ZONING ATLAS AMENDMENT APPLICATION Name of Property Ownedsi: Wendy's International Address: 2444 McCormick Dr. , Suite 142, CleaPhone:rwater' FL 34619 __61_3_ 726-6989 Representative Ilf anyl:, Richard D.__Harris Phone: 813 724-842-2_ Legal Description of Property (Subject of Requestl: See Attachment "A" General Location: Northwest quadrant U.S. 19/Northeast Coachman Road Intersection Acreage: 19.851 Present Zoning District: CPD Requested Zoning District: CPD Clearwater Comprehensive Land Use Plan Classification: Commercial Pinellas County Comprehensive Land Use Plan Classification: Commercial Reason for Request: To add a Wendy's restaurant to the Wal-Mart Clearwater CPD Is the requested Zoning District in conformance with the Clearwater Comprehensive Land Use Plan Classification? Yes X No NOTE: It the requested zone change is not consistent with the City's Land Use Plan, the applicant will be required to file a corresponding application to amend the Land Use Plan. Is the requested Zoning District in conformance with the Pinellas County Comprehensive Land Use Plan? Yes x No List any other pertinent information submitted: 1. Site Plans, Signature: Date:" Reviewed by: PROPOSED REZONING OWNER: Wal Mart Stores, Inc. (Wendy's pR? y p?SCArPTIDNt International, inc, 1 Loehmann's Plaza Replat, Lots 1-3 Loehmanns Plaza. Lot 1 FROM: CPD TO: CPD ACRES: 19.85 ATLAS PAGE: 263E & 272 8 SEC: 06 & 07TWP: 29 S RGE: 16 E :', Pf.ANNIk AND' ZONING BOARD SeAt'10, .1996 .. CITY COMMISSION Sept 19, 1996?.`..::: ' ' f; I -?-, '• SO-9b? .ft See Agenda Drawings #10 E 11-7-96 4 I . Clearwater City Commission Item Agenda Cover Memorandum Meeting Date:' SUBJECT: Land Development Code Amendment - High Tech Manufacturing (LDCA 96-19) RECOMMENDATIONWOTION: Approve Land Development Code amendment to establish additional supplementary conditional use permit standards consistent with the Pinellas Planning Council Rules and pass Ordinance No. 6093-96 on first reading. ® and that the a ro riate officials be authorized to execute same. SUMMARY: Almost immediately upon passage of the high tech manufacturing ordinance in June of 1996, staff received a letter from PPC Executive Director David Healey indicating that there were a few changes that needed to take place to this ordinance to make it fully consistent with PPC Rules. Staff has prepared these changes and is processing this code amendment to bring us into full compliance We have not processed any conditional use permit or other zoning approval that would be inconsistent with these requirements. The Planning and Zoning Board unanimously recommended approval at its October 15, 1996 meeting. Reviewed by: originating Department: Costs: Commission Action: Legal B CENTRAL PERMITTING Q Approwd Budget NA 55 Total ? Approved w/Canditions Purchasing NA User Department: ? Denied Risk Mgrnt. NA Current Fiscal Year ? Continued to. to NA Funding Source: ACM ? cepitsi Improvement: Other NA Advertised: ? Operating: Date: ? Attachments: ) Other: JT A Paper: DRAFT ORDINANCE submltt by: p Not Required Appropriation Code Affected Partles: !UJ 01 Notified ? None Cl area u ? Not Required Printed on recycled paper AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 41.053, CODE OF ORDINANCES, TO ESTABLISH ADDITIONAL, SUPPLEMENTARY CONDITIONAL USE PERMIT STANDARDS CONSISTENT WITH THE PINELLAS PLANNING COUNCIL RULES; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 41.053, Code of Ordinances, is amended to read: Sec. 41.063, Supplementary standards by category of use. The standards In this section which apply to the identified category of use shall supplement the general standards of use identified in section 41.052. No conditional use shall be authorized unless determined to meet all of the standards applicable thereto. (15) Manufacturing uses may be allowed In the infill commercial, downtown/mixed use, research, development and office park, urban center (core) and urban center (eastern corridor) districts subject to all of the following: (a) The hours of operation are compatible with surrounding uses; (b) The volume and type of traffic generated by the use Is compatible with surrounding uses; (c) Any noise, wastes, or emissions generated by the use are compatible with surrounding uses; (d) in infill commercial districts, a minimum lot size of 10,000 square feet shall be provided for this use. nQJ more Than five ' use out a-Qgmnrehensive_P__lan amendment. and this use Is only allowed within the Infiil commercial districts classified as Commercial General In the City's Comprehensive Plan; (e) There shall be no exterior storage^or_extedor processing associated with the use; and (A The use complies with all of the general standards contained in section 41.052. (29.1) Research and technology production uses may be allowed In the general commercial, infiil commercial, highway commercial, commercial center, downtown/mixed use districts subject to all of the following: (a) The hours of operation are compatible with surrounding uses; (b) The volume and type of traffic generated by the use is compatible with surrounding uses; (c) Any noise, wastes, or emissions generated by the use are compatible with surrounding uses; ordjrA= 6M.96 a* (d) In all applicable commercial zoning districts, this use is only allowed If located within the Commercial General category as designated in the City's Comprehensive Plan. aj3d not more than five con ig3 acres Aball be utilizers for this-use withoid a CQmprehengiya Plan amendment., (e) There shall be no exterior storage or egerlor oror s? sing associated with the use; and (f) The use complies with all of the general standards contained In section 41.052. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ` PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goud_eau City Cleric Approved as to form and legal sufficiency: , yle-1.1/ge Leslie K. Dougall-Sid Vs Assistant City Atordinance 6443-96 ?cP1a Clearwater City Commission Agenda Cover Memorandum Item A; Meeting Date: r, SUBJECT: Land Development Code Amendment - Outdoor Cafes in the Public/Semi-Public and Open Space/Recreation Zoning Districts on Clearwater Beach. (LDCA 96-20) RECOMMENDATION/MOTION; Approve Land Development Code amendment to allow outdoor cafes in Public/Semi-Public and Open Space/Recreation zoning districts on Clearwater Beach and pass Ordinance No. 6100-96 on first reading. la and that the appropriate officials be authorized to execute same. SUMMARY: A tenant at the City Marina on Clearwater Beach has expressed a desire to have an outdoor caf6 to complement his existing restaurant. The Public/Semi-Public zoning district does not provide for outdoor cafd uses in the same manner as provided for most other zoning districts on the beach. The property owner, therefore, is ineligible for the provisions of the outdoor caf6 ordinance including some relaxation of parking requirements. Staff feels that both the Public/Semi-Public and Open Space/Recreation (e.g., the Pier 60 development) districts on the beach should be eligible for consideration for outdoor cafd use. The attached ordinance will allow this to occur. The Planning and Zoning Board unanimously recommended approval at its October 15, 1996 meeting. Printed on recyolad paper Reviewed by., Otiginating Department: Costa; Commission Action: Legal 9 CENTRAL PERMITTING ? Approved Budget NA SS Total ? Approved w/Conditions Purchasing NA User Department: ? Denied Risk Maim, NA Current Fiscal Year ? Continued to: Is NA Funding Source: ACM ? Capital Improwrrtifnt: Other NA Advertised: ? Qpfradna: Date: ? Attachments; Other: V Paper: DRAFT ORDINANCE: Submitt by; U Nos Required Appropriation Code Affected Parties; Notified ? None i y anagsr ? Not Required . o ............ Mae ORE. N0.610-96 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 41.221 TO ALLOW OUTDOOR CAFES IN THE PUBLIC/SEMIPUBLIC AND OPEN SPACE) RECREATION ZONING DISTRICTS ON CLEARWATER BEACH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: StdoIl1. Section 41.221, Code of Ordinances, is amended to read: See. 41.221. Outdoor cafes. (1) Location and operation of outdoor cafes. Outdoor cafes may be located and operated in street setback areas or otherwise generally adjacent to, but not on, public sidewalks on Clearwater Beach in the beach commercial, resort commercial 24, and resort commercial 28, public/semipublic aad onen spacehecreation districts, in the North Greenwood commercial district, the commercial center district, and the urban center district... . S. Lion 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. Swine 3 This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Approved as to form and legal sufficiency: J7,& "Ca "J Leslie Dougal -Sid Assistant City Atto tly Attest: Cynthia E. Goudeau City Clerk ordinance 610046 • Clearwater City Commission Agenda Cover Memorandum Item M: Meeting Date: SUBJECT: Variance to the Sign Regulations; 1661 Gulf to Bay Blvd.; Arthur and Mary BrunolSmart & Final (Owner/Applicant); Thomas Ferguson (Representative). (SV 96-20) RECOMMENDATION/MOTION: Approve a ratio variance of 0.2 square foot of sign area per foot of building width to allow a ratio of 1.7 square feet of sign area per foot of building width, on property identified as Lots 3 and 4, Gulf to Bay Shopping Center, for meeting Sec. 45.24, Standards for Approval, Items (1)-(4). ® and that the appropriate officials be authorized to execute same. BACKGROUND: • This property is located on the south side of Gulf to Bay Blvd., between S. Keystone Ave. and S. Duncan Ave., and is in the Commercial Center zoning district. • The applicant is requesting a ratio variance of 0.2 square foot of sign area per foot of building width to allow a ratio of 1.7 square feet of sign area per foot of building width. • The applicant proposes to place the following three wall signs on the front of the building: "Smart & Final" (122 sq. ft.); "Food - Supplies - Business - Home" (57.5 sq. ft.); and "No Membership" (24 sq. ft.). Reviewed by: Oripinatin? department: Costs: Commission Action: ?;?<7::? •?: Legal t?}<}}?, tom:. } «hY :.}-. A : l :4... ,. } i7 Approved Budget r? § ?:NlA :r€'<<< S( Total ? Approved w/Conditions 4)::ti {•<' %*Y' Purchasing ? 7 User Department: . • i?•..rn .:.ti .fie., y...: i.Y •e;,• ? Denied ':<.< Risk Mgmt. ,r?> °* Y.'.M? ?;.,ti: +iHhM•... xv...},,.vr r{:ry,Tly,.,??e{.;s $ Current Fiscal Year ? Continued to: is Funding Source: ACM 13 capital lawmvenMnt: CRT t <Y Advertised: ? t7 ntln '. ? ? :' :i ? Attachments: f %<::tt2%i} ,'.:<}it:2:.;.?:.•:.j`<i:fi:,'.:it ., {: :. :Sj,:: :,: Other submitted ? Not Required Appropriation Code Application Worksheet by: Affected Parties: maps ® Notified ? Nona City M ' agar ? Not Required Printed on recycled paper SV 96-20 Page 2 The following table provides summary information regarding the proposed signs: .:?.: .} .... ?::i}:..u t:.:.: ,v,: is ?..::::.::s,{'. .: r :•:;'}J.?'?:::::: ?: }'.: ::r ?: i. ro ^ ? ? ? .. .4.. r-'.: ... , is .. ......... .: ... ..:, :!, .e':'L ::?:': i:.t;i:;2';r ;?:Yi ; ::: . .. :::? r.:i.?:: }..r•,::;.. r..?;: Type of signs Attached Yes Location/orientation of signs Gulf to Bay Blvd. Yes Area 203.5 sq. ft. 235.6 sq. ft.* Ratio 1.7 sq. ft. of sign area per 1.5 sq. ft. of sign area per linear ft. of building width linear ft. of building width Number of wall signs 3 wall signs 3 wall signs * An area bonus is applied to the primary sign because the building is more than 300 feet from the Gulf to Bay Blvd. right-of-way. Staff Comments/Analysis: Conditions tend to support approval of the requested variance: • This is a large storefront. The proposed signs will generally be in keeping with the scale of the building. • The requested variance is minimal. It is a 13% departure from the code. • The proposed signs will not degrade the appearance of this shopping center or the City. - --- - ---------------- ry . } <. ,......,. >..... «.,., !. ::....:,:.r...:..r.. D D NQ: SUUN I RR . •:4.:.f!%{\:.}.,t::;Zr..rv..r:/..rr;fi..: !r.n..a .Sf-:r.: .,,, .:v.. .? < ::- :...:.. .:. :..: :... :. ":..:.: 0' -S. .:: Direction Existing Land Uses North Restaurant and offices South Residential East Offices West Commercial, residential 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 y SV 96-20 Page 3 requested variance meets all of the standards. In particular, the following standards do appear to be fully met: 1. There are special circumstances related to the particular physical surroundings, shape or topographical conditions applicable to the land or buildings, and such circumstances are peculiar to such land or buildings and do not apply generally to the land or buildings in the applicable zoning district. 2. The strict application of the provisions of the code would deprive the applicant of the reasonable use of the land or buildings. 3. The variance is not based exclusively upon the desire for economic or other material gain by the applicant or owner. 4. The granting of the variance will be in harmony with the general purpose and intent of the land development code and comprehensive plan and will not be materially injurious to surrounding properties or otherwise detrimental to the public welfare. Relevant Previous Decisions by the Commission: RATIO .r. ......, AR1ANCi~ V ?N : ... e r F ; >..:>... .. ... 92 1685 Gulf to Bay Walgreens 2.9 sq. ft./1 ft. width - Denied 9/28/93 SV 93-69 1645 Gulf to Bay 30-Minute Coin Laundry 0.79 sq. ft./1 ft. width - 1119/93 Approved SV 93-15 1407 Gulf to Bay Hugh Grant Realty and 0.83 sq. ft-/1 ft. width - 1119/93 Builders Approved SV 93-32 20505 U.S. 19 Poston's 1.57 sq. ft./1 ft. width - 2/7/94 Denied 0.72 sq. ft-/1 ft. width - Approved SV 93-30 20505 U.S. 19 Gayfers 0.027 sq. ft./1 ft. width - 4/27/94 Denied SV 95-09 1524 McMullen Musicana Dinner Theatre 2.9 sq. ft/1 ft. width - 3116195 Booth Approved SV 95-20 387 Mandalay Lappert's Ice Cream 0.32 sq. ft./1 ft. width - 4/20/95 Approved SV 95-31 387-1/2 Mandalay Wedgwood House Estate 0.77 sq. ft,/1 ft. width - 8117195 Jewelers Approved SV 95-39 24111 U.S. 19 Royal Pools 1.91 sq. ft./1 ft. width - 9/21/95 Denied SV 96-20 1661 Gulf to Bay Smart & Final 1.90 sq. ft,11 ft. width - 10117196 Denied SV 96-20 Page 4 VARIANCE WORKSHEET - CASE NUMBER SV 96-20 STANDARDS FOR VARIANCE STAFF FINDINGS APPROVAL (1) There are special circumstances Conditions tend to support approval of the related to the particular physical requested variance: surroundings, shape or topographical • This is a large storefront. The proposed conditions applicable to the land or signs will generally be In keeping with the buildings, and such circumstances are scale of the building. peculiar to such land or buildings and ' The requested variance is minimal. It is a do not apply generally to the land or 13% departure from the code. buildings in the applicable zoning • The proposed signs will not degrade the district. appearance of this shopping center or the city. (2) The strict application of the The proposed signs constitute a reasonable provisions of the code would deprive use for the reasons stated above. the applicant of the reasonable use of the land or buildings. (3) The variance is not based The variance requested appears to satisfy exclusively upon the desire for this condition. economic or other material gain by the applicant or owner. (4) The granting of the variance will be The sign regulations were adopted with the In harmony with the general purpose intent of enhancing the visual quality of the and intent of the land development City's streets and landscape in order to code and comprehensive plan and will protect the value of properties and the well- not be materially injurious to being of the local tourist oriented economy. surrounding properties or otherwise The granting of this variance appears to be detrimental to the public welfare. consistent with this intent. sv %-20 711,; 25a.oo sjiijg1, SIGN VARIANCE APPLICATION ;OPERTY OWNER(S) NAME & ADDRESS: c ? ?a u.??a d 3 c/o John S. Inglis :LEPHONE:__ (813 ) 229-7600 DRESS OF SUBJECT PROPERTY: I WE OF BUSINESS (IF APPLICABLE): REPRESENTATIVE(S) (if any) NAME & ADDRESS: Gregory T. Davis Thomas Sign & Awning Co. 459U 118tTi Ave. N Ctearwater, 2 TELEPHONE: ( 811 573 7757 )NING DISTRICT:_ CC LAND USE CLASSIFICATION: _ CG LAND ARFA: 7 -&Cres !GAL DESCRIPTION OF SUBJECT PROPERTY: Lot 3 and .4_Lrl7LE 10 DAY SHQ22INSi C NIERr gerrnrd-rr?ina tn the map or plat thereof as recorded in plat Book 84, page 65 of the Public Records of Pinellas county, Florida 14 0030 (0040) ARCEL NUMBER: _ / 29 j 15 34b55 000 IThis information is Bailable from your tax receipt or contact Pinellas Co. Property Appraiser's Office at 464-3207. If more than one parcel imber, attach 8% x 11 Inch sheet) ESCRIBE SURROUNDING USES OF PROPERTY: North: Restaurant & Office East: Convenience Store South: Offices--- West: Indoor Retail 'ARIANCEIS) REQUEST: tO al-1-10; 41 ac 6-1 CONTINUED ON REVERSE SIDE • CENTRAL PERMITTING DEPARTMENT 10 S. MISSOURI AVENUE CLEARWATER, FL 34616 !.? V r - ., iTANDARDS Ft]RAPPROVAL: A variance shell not bo granted uy tea way iresented clearly support the following concluslons: 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 _ Pedestrg!ins In the nu 4.L0,r maxi traverse the shopping center under a structural can Placks T116 w o e oven ea s gnage. 2) The strict application of the provisions of the coda would deprive the applicant of the reasonable use of the land or buildings because Using all of the signage a.1lQt ,W for primary wall signage js ecessary because of the gc::?6- foot distance from the store fascia to vehicular traffic on Gulf to Bay. But bsr_ so we ac n omative signage at the pedestrian level for our new o- ri a usiness, 3? The variance ba ec . t siv??y ??f??lro for economic or o{l?er material gain by the applicant or owner because, y unknown in t is market. 4*,ro- pedestrian level wall sign will help inform the public that we offer restaurants, party and catering supplies and that we do-so without requiring a nembe_r_;nip._ That -is a fa..,_i.icortant._ . to consumer acceptance. 1) The granting of the variance will be in harmony with the general purpose and intent of the land development coda and comprehensive plan and will not be materially Injurious 10 surrounding properties or otherwise detrimental to the public welfare because It is informative signage for the ubl is which ha v' no knowledge f Smart & Final- a decades old cam an that has chosen Florida for its first ever expansion outside of California- There is currently no signage on the 120 ft. storefront at pedestrian level. PHIS SUBMISSION GIVES AN APPLICANT THE OPPORTUNITY TO REQUE=ST THE VARIANCE AND APPEAR BEFORE THE ATY COMMISSION AT A PUBLIC HEARING. FEES PAID ARE NON-REFUNDABLE REGARDLESS OF BOARD ACTION. BY HGNING THIS DOCUMENT I AM ACKNOWLEDGING THAT ALL FEES PAID DO NOT GUARANTEE APPROVAL OF THIS %PPLICATION. ;IGNATURE OF PROPEI17Y OWNER (OR REPRE:SE NTATME): . ?.Ilnal"ds ?itfon and n& m• ar piny H apprwiblr)Joh Ing:is, attorn and authorized agent for THUR H. BRUNO and MARY L. BRUNO Sworn to and subscribed before me this 14th day of August- A.D., 19.9fi_ _ __ _ _ •-? -agent for ARTHUR H. BRUNO and MARY L. BRUNO ry S Inglis, the attorney and authorized , who 1q ii arsons y nown to me ndlor has produced as identification. STATE OF FLORIDA, COUNTY OF HILLSBOROUGH n , Commission No. Jotary Public _P LAMOAM Name of Notary typed, printed ors * EVrftD&*.f%lM ?'ra? ?f38? • NOTE: PROPERTY OWNER OR 11EPRESENTATIVE MUST ATTEND HEARING. . Dote: 9 i l A 1 1 to TO WHOM IT MAYJ?CONCERN: L,1i Fwyr ?l It p?,l SC I 1 r 1 . _ . ?MN M1f111FM to represent 9 for the purpose of aMining pem*la or variances required to-erect signs within ......t' ,. .. . ned state of Florida Coumy of Plneow cre me thla day !lY awiged ? ?? to me veil known and known to me to be the pention deaoribOd In and h uscuted the foregoing Instrument, and acknowledged to and befom me that he ewwted raid b0mment for the purposes therein Wmssed, WITNESS my hand and offl0ial seat this f day of A.D. 18 . • OL. Notary Put9fo sake of Florlde • My oommission ?tplraa: ! OFFICIAL NOTARY I -- SANpAAL hi WOPW 1`AW PUBLIC STATE OF FLORIDA COMMISSION NO. IM14 YCOWISVO ? rp Y 1 , 19" TOTAL P. C?(? N t t r? V V n? 4. QV ' v z i' cum o ONO 1 rl I I . 1 1 I 1 1 1 I Y.1_0/ v / AJAR' ' f : • '! '?1, 'f'' '?! ' r3 ?r X II'E' 11 3 9.5gF r.ww.r+ sw..r w ?, / NOTE t Not to scale ; • 1 I DMIN all Flail PEW GUILF To BRA[ SHOPPM; CMM 1645 Gulf to Bay .Blvd. ?laarvacar, rl,ozids 34615 CLFARFAUR, FLOR10A, f ' ; t "d so Vi?se+`Y.PVO r?vl ?? r 1 M' ?\ fr• t ZN..?? 1 •? ?i r g pm! _r. g ex. ..? r +• ` urant ' X --bob. ?... p? ilk D Rai ;? ,; r ± I . i ? F - ?? 10 law. -j • _ •' bb. 11100 S.F. _ 1 + r o 1 r ? •`?`'?::+ Card ha ' •1 • . ,•, . iii , , , `I ?+ W 'J ?? •'• 1 ?. ,•.• .••.. ZIA Pub 1-3 a be PIS4.6.1 Halgreen w :?.•_ ,•' , ,... 1/ is +n J4 4W 1 -1 _N r rrw r f ?.-.? RMMOW = ?. L t R IC ¢ e Iit c ...? ? ' l?M ope ; lot _ I _ ? 2 13/0} 04 off ' 2 17 2 1 7 pi to X" - 1 ow oa "N.w]r arr 4n A b - -- of } f•e f Nf 00 .w N 11 14/11 ? X14/Ib 1147 I3/04 t3/t)'S 14/12 +a 3 • y j 7 l / 10 I 11 12 [Yy ' /13 li/141+ to/IS la/ - - 212 V , O ? . ? r _ ? ? ? . . fl4 s ! R ! ! ahQ i "rrrum of 1 7 44 " 4 rZ2 23 2 SUBURB BEA 4MI c 2b 4-2 t7rrTtrrrlr rl ItEPI.AT { ifr 7 " I u4 b set 27 .. 41 GULF 4 TG BAY - 3 S aan i I a+ r a0 ` G SHOPPIN CENTER I9-100 1 ort I t { ta4 a 39 tar { ter ? «? R? l SM 13 str 9 n 4 3a R t? ? 1.. t0? sjt 10 sm J, 31 p'237 t,v TOWN CENTER ? S7 tir 'a' of w CONDO 12 It I 11 12 t 13 1 I5 32 3l T Sb ® w OL V-2 I >1 3a ss. 84-86 "' M zt t illfet+ El1 :uunuuun,441r,fnr44 1141114s4llt 73-69 4 u 949 2: t A0' a 11 4 11 3 11 1 t ! t 1 R t ` 12 sop "r r'a?r 5 to of ioe St ir y 2 1 5 4 3 2 •1w « 3 .? 10 ca •n ` '. it tw 33 32 31 30 29 27 Tb S t" I 22 { sa 22 a •a4 4 sit 3 a to BE { trop 21 7 4y •r 21 7 tlt an 14 9 Ch trr flop 2 41f 17 to to 20 1 22 23 7 to an Zfl a ..V 20 ah! s 1 s a sao "' m 1 ..f a>+ E C 1 C { r" ru 19 • f74 rope 11 9 H { a !CO "s 7 ' MA111{71 STRf> T e'f { I m?1{ 10 rw its la Vff17 V i rw y t< { n f e C R ! ? S0"' ( 17 11 hIt 17 3 Too Ala y nt nr r op? 15 14 13 12 11 10 3 - 2 Irts 17 11 1{ 19 14 3 opt is t3 1 2 3 • rat 1 2 I 1 4 ? 7 3 27 5 69 { 7 nop no i _ rtr 1 r r Z It Item # 15 loy? a 3 Clearwater City Commission Item ": y Agenda Cover Memorandum Meeting Date: SUBJECT: Variance to the Sign Regulations; 521 S. Gulfview Blvd.; Clearwater Gulfview Hotel Trust/Ramada Inn (Owner/Applicant); Harry S. Cline (Representative). (SV 96-21) RECOMMENDATION/MOTION: Deny an area variance of 116.8 square feet from the permitted 56 square feet to allow a total of 172.8 square feet of attached sign area, on property identified as Sec. 17-29-15, M&B 22.02, for failure to meet Sec. 45.24, Standards for Approval, items (1)-(4). 0 „ and that, the appropriate officials be authorized to execute same. BACKGROUND: • This property is located on the southerly side of S. Gulfview Blvd., at the south end of Hamden Drive, and is in the Resort Commercial 28 zoning district. • The applicant is requesting an area variance of 116.8 square feet from the permitted 56 square feet to allow a total of 172.8 square feet of attached sign area. • The applicant proposes to place three "Ramada" signs on this building. One sign, measuring 101.3 square feet, will be placed on the front of the building near the roof. The second sign, measuring 14.5 square feet, will be placed on a canopy at the front of the building near the main entrance. The third sign, measuring 57 square feet, will be placed on the westerly side of the building near the roof. • On July 12, 1990, the Development Code Adjustment Board approved an area variance of 249.6 square feet to allow 264.6 square feet of attached signs for the Holiday Inn Gulfview on this property. That approval was conditioned, however, upon the signs being brought into compliance with the sign code on or before October 13, 1992. Printed on recycled paper Ravlowed by: Originating Depertmant: ? - ' ' ' ' Costs: Commission Action: Y.{;< ar.;;•. ,;<' Legal s r., .Y:{: lver vs . irx? .:'}i: } i'{'?SD.. %Cn?:. N/A! 0 Approved budgets' Total ? Approved w/Conditions Purchasing User Department: Denied Ci Risk Mgmt. ?;s `=3<''>.i f lA<::i :?< < ; -f:; ,; Csslh tl Wt trilttJ Currant Fiscal Year • ? Contlnuad to: t8 ? : Hll1' ;''s> Funding Source: • :::.. r:.., ACM s< ? Capital Improvement; CRT -`^ Advertised: ? operating: r ^ ` Attachments: ??- ° :::r:: :'>'< `; ..':i:'::;. ?... r.i 4 `'.? '•.Y'rr Other: ?r 3 Submitted 13 Not Required Appropriation Code Application Workeheet by, 7112!80 pCA6 minutes Affected Parties: : ? .........................., .,. ,,..... ...:..:... Mope ® Notified 13 Nom M agar ? Not Required SV 96-21 Page 2 The following table provides summary information regarding the proposed signs: .... n. ...Fit-.:'r :! F.v .. .... rr .. .. .? :f:. e x. .....". ... :.:.... nto matlon. . ' ' .. .. .. ::;::;•::;..::>.,::. o>?ed:??> OR /? ran : .. r> r .:> .....r. >::..::: . V Type of signs Attached Yes Location/orientation of signs S. Gulfview Blvd. Yes Area 172.8 sq. ft. 56 sq. ft.* " The primary sign is not availed of an area increase based upon its height above grade. In order to qualify for an increase, it must be greater than 100 feet above grade. The primary sign for the Ramada Inn is 52 feet above grade. Staff Comments/Analysis: Conditions do not support approval of the requested variance:' • The requested variance is a substantial deviation from the code. It is more than three times the code allowance, • Granting this variance will establish a poor precedent for property owners and business owners who have modified or replaced signs to comply with the City sign code, • The applicant is not denied a reasonable use of this property. Signs placed in conformance with the code will serve to identify this use, just as conforming signs identify other uses throughout the City, • The requested signs are oversized and will detract from the beach and the City. :. .J.l..v:, •:. {. ,. •:: .•'. v..v:•.< .??.v..; ..> .fir.: :.t:r: Direction Existing Land Uses North Motel South Clearwater Pass East Motel West Multiple family residential 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: Sv 96-21 Page 3 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: On February 7, 1996, a variance application was filed for the DoubleTree Resort Surfslde at 400 Mandalay Ave. requesting an area variance of 290.5 square feet to allow 346.5 square feet of attached sign area. The application was subsequently amended to request 201.5 square feet to allow 257.5 square feet of attached sign area. The Commission approved a variance of 155 square feet to allow 211 square feet of attached sign area. Staff recommended approval of the amended application for the following reasons: • The DoubleTree Resort Surfslde is the largest hotel on Clearwater Beach. With 427 units, it has 139 more units than the next largest hotel. • The DoubleTree property is at the intersection of two major thoroughfares, Mandalay Ave. and Marianne St. However, since Marianne St. is not a major thoroughfare west of Mandalay Ave., it is not permitted additional signs for the Marianne St. frontage. S. Gulfview Blvd., located nearby to the south, is a major thoroughfare, but the DoubleTree property Is not permitted additional signs for this frontage either because it does not abut this road. In light of the DoubleTree's close proximity to major thoroughfares for which there was no entitlement by code for additional signs, it was recommended that, in addition to the 56 square feet of attached signs permitted by right, the property be allowed a second allocation of 56 square feet of attached signs for the south building face. • The sign code allows a 125% increase in area for attached signs oriented to and located greater than 300 feet from an adjoining major thoroughfare. The DoubleTree property did not qualify for this increase as a matter of right because Marianne St. is not a major thoroughfare west of Mandalay Ave, and the property does not abut S. Gulfview Blvd. However, It was recommended that this increase be applied to signs on the south building face because the signs are oriented to S. Gulfview Blvd. located approximately 1000 feet away. Applying the 125% increase to the 56 square foot allotment recommended for the south building face, 126 square feet of attached signs would be allowed on the south building face. p The sign code allows a 50% increase in area for attached signs located 100 feet above grade. The DoubleTree property did not qualify for this increase as a matter of right because the proposed sign on the east building face was approximately 70 feet above grade, It was recommended that the DoubleTree Resort be authorized 70% of the SV 96-21 Page 4 otherwise allowed 50% increase. This yielded an increase of 19.6 square feet. Adding this to the 56 square feet allowed by code, a total sign area of 75.6 square feet would be allowed on the east building face. • On July 12, 1990, the Development Code Adjustment Board approved a sign area variance for the former owner of this property. A variance of 216.6 square feet was approved to allow 231.6 square feet of business identification signage. ATTACHED SIGN AREA + ::.-v""n. `.:3: is Y: r:{.? 5::::i: ;• 5 ..1 ....:.: Y;•o':; , ...r ... Y.]..... ..:.. ..i -. .. '{ .. n. ?:.:LY.v,:.Y:::`: •::..:.:;{??:.'.{. r.: ::::: F]. i, ...:L{ ii:::' :•; ...'.:;::.5'.::::. 5 :.:...:,?i Y.a.wfW.?e? ¦`'??` J: :}FTWMI`?MK. .ti ?' ++'::f .1. .>..: :•. {. .:. r. ..r:. ...: .. ..t .. .... .. .: .:. r.... ].. .F.......... r : ., .., r- .... ., r :.....::{;.Si.'r: L?i; •...? ...i}.....::.,r:..::.. \: r.: x:.:.: r. '?Y:..•:: J<,? i•Y..; v ::f; 5::...Y,'. i i? J: - } f.:. i?2 :.. v Y•5r::....: v .v1 ... ' 5.. ? .Yj %4'.. 'i: .. .r. .. r 4.. .. :... .:. .. r..'.:.k..;5?'i:i :v..#.r.:.?. tiC. "}: "fC: ?: :.....:..r r??$.. yv`a??=?a i!.Y '::):v: Vii:" !rr.:•':.?.fir::}::.i'. N. ?-„ ...4.: i:':. `4Wa`?W.S:::t:,{'.: .? .. ir: •,..?r ?}A/?{.TYF?YI.'.:.: ..: .. ., .. ?•. ¦ ? _ 'LF/I?}IV:C::i `:?ti??.M1 .?.`i::? SV 92-42 714 Cleveland St. Trickel Jewelers 70 sq. ft./Approved 219/93 SV 93-73 2200 Gulf to Bay Goodyear Auto 136 sq. ft./Denied 11/9/93 SV 93-39 20505 U.S. 19 Dillard's 21.26 sq. ft./Approved 4119/94 SV 92-90 423 East Shore Olympia Motel 51.6 sq. ft./Denied 4/27/94 SV 94-26 110 Island Way Island Estates Realty 8.8 sq. ft./Approved 8/4/94 SV 94-35 2907 S.R. 590 Johnny's Italian Restaurant 8 sq. ft./Approved 1113194 SV 95-14 675 S. GuNview Continental Towers 10 sq, ft./Approved 3/16/95 SV 95-20 387 Mandalay Ave. L.appert's Ice Cream 4.8 sq. ft./Approved 4120195 SV 93-68 25749 U.S. 19 Savings of America 37 sq. ft./Approved 8/3195 SV 95-31 387-1/2 Mandalay Ave. Wedgwood House Estate Jewelers 11.5 sq. ft./Approved 8/17/95 SV 95-39 24111 U.S. 19 Royal Pools 95.6 sq. ft./Denied 9/21195 SV 95-40 2170 Gulf to Bay Albertson's 192.3 sq. ft./Denied 81.5 sq, ft./Approved 1015195 SV 95-42 2530 McMullen Booth Northwood Plaza and Republic Bank 12.5 sq. ft./Approved 10/19/95 SV 96-05 1501 N. Belcher Long Centcr 83.3 sq. ft./Approved 317196 SV 96-06 400 Mandalay Doubletree Resort Surfside 155 sq. ft./Approved 3/21/96 SV 96-15 600 Bypass Drive Clearwater Professional Center 34 sq. ft./Approved 811196 SV 96.12 3130 Gulf to Bay Blvd. SpcedA2y 62.5 sq. ft./Dcnied 8115/96 SV 96-16 1499 Gulf to Bay Blvd. The Technology Team 66.66 sq. ft./Approved 9/5/96 W SV 96-21 Page 5 VARIANCE WORKSHEET - CASE NUMBER SV 96-21 STANDARDS FOR VARIANCE STAFF FINDINGS APPROVAL (1) There are special circumstances Conditions do not support approval of the related to the particular physical requested variance: surroundings, shape or topographical 9 The requested variance is a substantial conditions applicable to the land or deviation from the code It is more than buildings, and such circumstances are . three times the code allowance peculiar to such land or buildings and . do not apply generally to the land or a Granting this variance will establish a poor buildings in the applicable zoning precedent for property owners and district. business owners who have modified or replaced signs to comply with the City sign code. • The applicant is not denied a reasonable use of this property. Signs placed in conformance with the code will serve to identify this use, just as conforming signs Identify other uses throughout the City. a The requested signs are oversized and will tract from the beach and the City. (2) The strict application of the The applicant is not denied a reasonable use provisions of the code would deprive of his property. Signs placed in the applicant of the reasonable use of the land or buildings. conformance with the code will identify this use. (3) The variance is not based The requested variances do not appear to exclusively upon the desire for economic or other material gain by the applicant or owner. satisfy this condition. (4) The granting of the variance will be The sign regulations were adopted with the in harmony with the general purpose intent of enhancing the visual quality of the and intent of the land development City's streets and landscape in order to code and comprehensive plan and will the value of properties and the well- protect not be materially injurious to being the Iota) tourist oriented economy. surrounding properties or otherwise The granting of these variances does not detrimental to the public welfare. appear to be consistent with this Intent. & 96La? -21 CENTRAL PERMITTING DEPARTMENT 10 S. MISSOURI AVENUE . CLEARWATER, FL' X4616 SIGN VARIANCE APPLICATION PROPl 1fV 'OWNER(S) NAME & ADDRESS: itEPRESENTATIVE(S) Cif BAY) NAME & ADDRESS: r,Q,F.ARWA'PF.R _111,FVIEW HMEL TRUST HARRY S. CLINE 4 ESQ. Attn: Mr. Leif N. Chaffee, Gen. Mgr. Post Office Box 1669 -? 521 S. Gulfview Boulevard Clearwater,- FL 3463.7 Clearwater, FL 34530 TaEPHONE [813) 447--646 - ADDRESS OF SUBJECT PROPERTY: 52 NAME OF BUSINESS (IF APPLICABLE): R.A TELEPHONE:_ 4 813 41-8966 S. Gulfview Boulevard, Clearwater, FL 34630 ZONING DISTRICT: LAND USE CLASSIFICATION: RF H LAND ARIA: 4.83 acres, MOL LE *CT"F ONOF SUBJECT PROP RTY:' Metes and bounds descri tion, see attached C 17-z°1- I-6 . /K+ 7- 2,07- PAIRCEL NUMBER: 17 - / 22 ^ •/ . - ,15 I 0 0 0 0 0 / 220 ? / 0200 (This Informauon is available from your tax receipt or contact Pinellas Co. Property Appraiser's Office at 464-3207. If more than 'one parcel number, attach 8% x 1 Z inch sheet) ti DESCRIBE SURROUNDING USIA OF PROPERTY: North: - ise condominium South. Motel VARIANCE(S) REQUEST: East: Motel West: Public/Clearwater Pass Fora 041 on variance to allow a 10 .3 sq. ft. sign, reading 'TdW=1' on the eas ace of the subject property, a roximately. 70' in the , where sq. ft. authorized r ing a var' of sq,ft. 3 " ". o the rth face of thd subiect Property, app ximately B0' in the air, where sq.£t. is' 11 .1t. si readin "ELY DA" on the east side f the subject ro(next to entrance door) on the f' st floor, where sq.ft. is authoriz , requring a v iance of sq'.ft. AN AP(HED 51(TN AREA VARIANG? OF 116.6 sa Fr T P6RMJr WrW Af SSA OF 17M Sa Fr WM E. A MAXI MM or 56 S ri 15 ALGOLJk) CONTINUED ON REVERSE SIDE STANDAMS FOR APMOVAL, A varkw" shall not be granted by tho City Comnruss on unless the oppPeation end ovidene prasentad cloody support the following COnCIuaiOns: 1) Thore are spocial circumatancos VOIatad to the portiador physkdl surroundings. shePa or topagrAphlcal condition applicable to the lend or buildings. and such circumatancos ere powf w fie such 16nd or buildIngs and do not apps ganoroily to tho Iond or buidinga in tho applicable tonLng district because t is one of the larr?er resort being 5toriq* in ei at its- hest iooint,4 hav' 255' of linear buil on Gulfvi d -fronting, on S Gulfview Blvd. of 46-7.741. it has three (3) exis curbcuts servi.c' the ro , one centrall located to the building, one on each of a property. 21 ' Ttte strict application of the prey Wovis of *,a code would deprive tho appliCOnt of tho reasonable vsse of the land o -bWdiings bacasise the_Code requires signacle, that s not in scale with the mami.tude of the building or the roperty, or its location. the applicant does not seek unreasonable sigma a in light of the size of its buildin , and as to the attached signage is seeking installation of only the ward "RAMADA" and not its full name of "RAMADA IM" 31 The va-ianca is not bwod oxclusivoly upon a desire for ocanomic or other M*tesial goerr by the appl',cant or owner because when the res t avners agggil2gg the ro formed o aced as a I;alida Inn it had considerably larger sicmage, with attached siglnacre well aver 200 set. ft., and multi- ple smaller attached signs on the facade. Applicant seeks a single attached identity sign, includina only a portion of its name, which is leaible frcm a meaninaful distance to 41 JU Qrmntif?U dTih* V'o-Ke cs 'vWr6a iri riaritioay'',i,ir'th"$"ie aTpurpoae and intent of the hind daveiopmant code and com;w6 anaive pion and wM not be nmAfti ty "u ious #.n 3u7rourA00 ProPavi s or otherwise detriawrtal to tba public walfare because 't , ofthe building,-_- is Dpt repetitive, and the entry sigpz are desi ed to facilitate safe access to the central 22EL-Lon of the THIS SUBMISSION GIVES AN APPLICANT THE OPPORTUNITY TO REQUEST THE VARIANCE AND APPEAR BEFORE THE CITY COMMISSION AT A PUBLIC HEARING. FEES PAID ARE NON-REFUNDABLE REGARDLESS OARD ACTION, SY SIGNING THIS DOCUMENT I AM ACKNOWLEDGING THAT ALL FEc?f PAIR DO NOT GU ?rj TeE. PPROVAL OF 'THIS APPLICATION. S IGNATURE OF PROPERTY OWNER (OR STPdTA a?r4 mwr?* Sworn to and subscribed before mo this cA day of by ''[ytibN??a 1JA51ar , who is personally known to me end/or has producod as identification. STATI,Q ,kLORIDA. COUN'T'Y OF Y? O_LA 5 L!/a&m. Public (Name of Notary typed, printed or stomped) "-v A R Fyt,, Commission No. x,'MyC .Eviles;Z ,1uty 20, t999 _,?•74t52 OF F40 , NOTE: PROPERTY OWNER OR REMESENTATIVE MUST ATT@Vb HEARING. I i 1:.. 1320 HeM . J YJ W , . D??a 6140 Ulmerton -Road, Cluartiva Lcr' 11, 34620- Approved 031'- ?'?"1G by: _ K ' Y Illuminated channel letters mounted on raceway deep aluminerw letter return painted to match PMS11107 red SIG-N#2. ISIN T -- AA- T -A 110' 112200 red plexiglass lace --- irimcap to-match PMS# 107 red - _, 15mrn white noon tubing 1 Tubo support (typ.) aluminum raceway with Soma. transformer- 5 167N AR E A' /+ 5 sa P7 Fabrication Building wall 0 0 } S ?i'i 115' thick aluminum mounting bracket %'Ih (2) 315' bolts or concrete anchors (4 Sol$)....._.._.._--. t. , • i, t' w«.wI.-I_'?i_ ' •1? r.rY?i ,.fi:??r.{.',?.f.t. ? .:.'C."fCui'yi ?r M'?Yf11?e:"? • A A • r • 0140 Uhnerlon Road, Clearwater 11, 34620 313--53J --7776 ' i ,I Cu r. torner: - Approved by: r T M TO t Illuminalod channel iettars mounted on raceway deep aluminum ,u r,. Mier return palhlcd to match PMSN 187 1/0' P2283 red ptexicdlass faco --- trimcap to match PM',SH 107 15mm w11110 neon tubing,_ Tubo support ((yp,} -- aluminum raceway with 30ma, transformer- fl S Or CUriCrQla anC ZDra ? Sc?iS? ,. _ ...._ ,. t i j' ; 5 t CAN Af?CA s 57 sa Fr ;: Fabrication J Installation Detail r, ,r t • ';-BBullding x wall t: 0 0?r t>t ?--Cl ZMZ4 1/8" thick al'U'minurii mounting brackot with (2) 3/0' ' li l " 4 ', i N Vi, 4 1 t! S p N ? 1 •? ,..Y , Wy- i I • _ w ? ? ''a+'!f1?'1 ? ? \ I 1• 4• 1 L.•?. w.l.+ y ?'7'i a?. `, - w?l Z-V Z, J I to i7 r : z ;. :, 41 1 -0,2 lit VIII 1 1 '? { 1? k ,c I v ?-- _=A= - _ - . - .. V DI. i CO) Ip 40 •S+:I- ? rl_. 'I • 1r •,F ----- 101 J lp I a L.6 F f / I ?F V 4 V ?I 1 I' Illll 777 t I i i i w rr. ••r.r wv.•nw•.. • . • .. i IICV,MMf?f•rvtN.r r•1t1"7?• •ti'• WdV) r , I/ 1 l IJ I ' \ ,1 ??.?......... . ?..? .111 ? ._.. ....... ? _.-i 1 ? 1 .1 of 4 ? tl k t i? :1, •i' F I ?.....y. ?.... III - 1 •1.,.• 1-i i..r. E .? +' •--? ? , .+.? -i a t• ... ` 'I .1 1 1 t iw •/r D +I ? u • ?1 Olt. 7 r r? DEVELOPMENT CODE ADJUSTMENT BOARD July 12, 1990 Members prWnt: John W. Homer, Chairman ThorhaS J. Graham, Vice-Chairman Emma G. Whitney Alex Plisko Absent! Ktm* Merriam (excused) Also present: Scott Shuford, Planning Manager Sandy Glatthorn, Planning Official Maty K: Diana, Assistant City Clerk R9MVVt) JUL 2 $ 1990 ALMNIN4 & URBAN btV1tbPMtNt bfPt. The meeting was called to order by the Chairman at 1:04 p.M. in the Commission Chambers in City Hall. He outlined the procedures and advised that anyone advdrsely Affected by any decision of the Development Code Adjustment Board ma appeal the decision to an Appeal Hearing Officer within .two (2 weeks. He noted that Florida law requires any Applicant appealing a decision of thit Board to have a record of the proceedings to support the appeal. In drder to provide continuity, the items will be listed in Agedag brder. although not necessarily discussed in that order. 1. Public Hearings ITEM A - (continued from 5/24/90) Equitel (JP Hotdls/Ro1iNay 1Ah Gulf View) for a 'variance 'of 249.57 sq. ft. to permit a total of 254.57 sq.ft. business identification signage atk52I ttj.0Qlfv? W:r Blvd.; Sec 17-2915, M&B 22.02, zoned CR-28 (resort commercia V 9Q?7g ITEM 8 - (continued from 5/24190) Equitel (JP Hotels/Holiday xh.n. Central) for a variance of 216.6 sq.ft-: business- •?ideritificatibD -?+ siggnagge to permit a total of 231.6 sq.ft. of such. signage aitr U•S' `1g, S&c 18-29-16, M&D 14-01, zoned CH (highway commercia Q 06-0 t ITEM C - (continued from 5/24/90) John S.. Taylor III and Jean T. Carter (JP Hotels/Holiday Inn Surfside) for A variance of .82.5 sq.f t, to ermit a total of 97.5 sq.ft. business identification signage at*00 Mandalay Ave., Sec 08-29-15, M&8 23-01, zoned CR-28 (resort commercial). V 90-81 DCA8 I 7/12/90 i The Planning Manager explained Item A in detail stating the property it developed with the Holiday Inn Gulfview and the variance is being requested to add a new logo to their sign and to allow continuation of the signs beyond the October 1992 compliance date. Harry Cline, attorney representing the applicant, requested to address Items A, g and C together as the requests are the same. It was indicated this would not present a problem as long as each item was voted on separately. The Planning Manager explained Items S and C in detail indicating variances Are being requested to allow modification of the business identification sign and to allow continuation of the signs beyond the October 1992 compliance date. Mr. Cline stated the increases in the square footage of the proposed signage would be minimal. A starburst logo would be added and the shape of the "Y" in "Holiday" would be redesigned. Ile indicated these stylistic changes are necessary to conform with the corporate requirement for Holiday Inn Signage. He noted the subject hotels are in heavily traveled areas of the City and the standard corporate signs aid tourists in identifying Holiday Inn locations He indicated the Gulfview sign is a small sign compared to other signage' in the area, the U.S. 19 location has visibility problems due to the service road and overpass and the Surfside building is the largest of the holiday Inns having the smallest Si§ti. Mr. Cline said all the locations are unique properties -having unique characteristics. In reS once to a question, Mr. Cline stated the starburst logo it already on some of the Holiday Inn pole signs, and it was indicated this is a permitted fade chAhod tb the sign. DiSeutsion ensued regarding reducing the size of the signs b6cause there are existing pole signs at each location. r .. A citizen spoke in opposition and presented slides of two business signs at the Holiday Inn Central location. He questioned whether or not these two signs were considered when calculating the maximum allowance for the sign at this ldcati6n. He expressed concern regarding modifying signs that are already noncanfernli?g, . a? DiScuttion 2risued in regard to the above signs and it wAS indicated they may be in Violation-of the code.- Staff -is to investigate.- - - _, A titifen stated that the purpose of the sign ordinance is to reducd Signage in the community; and indicated if a precedent is set now, the 1992 conformance date would be difficult to adhere to. One letter of objection was submitted for the record. UCAB 2 7/12/90 1 DiscuSSion ensued regarding the City of Clearwater being a tourist community and it was indicated Holiday Inns provide a service for the tourist and that their corporate logo makes it easier to identify and locate their hotels. It was felt the requests were minimal in bringing the signs into conformance with corporate policy. Based upon the information furnished by the applicant, Mr, trahAA moved to b?ra ?t- the variance as requested for Item A because the a plicaht has substantially met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code, it arises from a condition which is unique to the property and was not caused by the aR licant and it is the minimum necessary to overcome the hardshi imposed upon e applicant by thr! national franchise and this is a diminutive request for a variance, subject to the, conditions that the sign be brought into conformance with the Sigrl O& W 0 before, U tbbef- 131'.1992, and that a sign permit be obtained,Vthif 6bfitfr5`. re ? Ai; ' dale: the Motioh was duly seconded And upon the vota being taken, ?fir . Whltnej, Messrs. Grahadr and Homer voted "Aye;" Mr. Plisko voted "Nay." Motion carried. Bequest granted. Based upon the information furnished by the applicant, Mr. Graham tndved to rant the variance as requested for Item 8 because the apppliGarit has substantially met all of the standards for approval as listed in Section 137.012(4) of the Land Development Code, it arises from a condition which is uniqu6 to the property and was not caused by the applicant and it it the (ninimum necessary to overcome the hardship imposed upon the applicant by the nationhl franchise arld that this is a diminutive request for variance, subject tto the conditioht. that the'sign be brought into conformance with the SigR ?b'd?" m bf bbfoib . L'tbbe 13 '1092, and that a sigh pdrmit be Htained'?rith,A W ) mbflthty d (f it hte. The motion was duly seconded and upon the vote be(Bing takofi,1Fi?tney, Messrs. Graham and Homer voted "Aye;" Mr. Plisko voted "Nay. "• Motion carried. Request ranted. dated upon the information furnished by the applicant, Mr. Graharh Loved td rant the variance as requested for Item C because the applicant hag substantially met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code, it arises from a condition which is unique to the property and was not caused by the applicant and it is the rAinifnum hecessdry'to dvercdme the hardship imposed upon the applicant by the national franchise, ahd that this is a diminutive request for variance, labjeet td -;th c6 d i t'i" 09 1 i bn ' be brodght into tonformahdt ivi th ;tha fl g t t?' 1992' and that A sigh permit be obtained within - silt W' it tits":'? I whte. the motion bias ddiy Seconded and upon' tfi?' ?bt? bung taken, Mrs. Whifney, Messrs. Graham and Homer voted "Aye;" Mr. Plisko voted "Nay." Mo"H f4 carried. Request granted. bCA9 3 7112190 A" f! •v f VV\ 24 x' 14i ?'X QA I 10 rf I! ! 1I? - 2e 1/2 A ,r, 72 121 =SIP 16A t 27 ,73 5221? 'N 1 I x "n° IA +bf +ft N a wt'26 4 74 •y 2 I11f. Af .k 29 .,Z .rl 73 12 jai n 4316» °~ 1 f 1 2 3 4 3 e r N 76 .q 7 126 S ,1." + +,! 31 f 7A 127 i?4 rJ b 2 9AY5>d[ 87 4 32 ' M 74 52E 1i291s 710 a '? • 3 4f! 1 2 3 F+? ` f a0 • ? S e 7 e 92 1D II }2 1 33 130+ 34 Id 62 131 11P 53 132 4 e 35 P All, a/ 111 7 O 36 iM 111 dS 131 d N t+ IIL ?1 a7 •+f ? + 9 440 WEST CONDO ? 11 ? g \\?+N 22--27 1 2 ,` C R qty,`. 3B 4' \ \ ??ti1 •t; A 5 a 7 ?QO ?ti ?` rr 2 3 4 24 23 22 ??? 1 2 : 3 ` g 1 r 1111 4 3 C r ? 0s 10 11 Towl CON; jj. ?f r r ! V 1 ?A e i ?t rs ? px? 1 Q a R a3 , 10 •,<< O HtAra ?..»wrr VJ M Q 1 ?.r.-+ rwf+wr?ar r'Gr WON Il]illFpnw ?+w•? ? G I ? ¢ srYrwrti 'ar?"'?'? ? Natarrvr+ a? ss YY ?' 4I s'n am GY Y>•uua ors '? 'w r3wtJa ...??•, ..»? ? •ar r>,av3a ? ? •Gr rrona ra y ¦ •34Y s3Y7?p]H r--'Gam 3W3y 'Gr INUX C7 'YG 37N1 "JAY r"Vd -.%Y ? GaY'bgN 3%V ?1- Q""004 M Y 1 1 AYMION e 15 1aGt A 3H r i0%7r N ~ --AV S3xnrr7n 3"Y1 A X 2-1 AtJ39 al s'n ?r •S1Y srs?rgG "MY owtiGSSn o - s ' 3tiY ?OJOrAKJ]a0- ZtY- -3yUNh +7, O YV4w 0? 0 4 Q r W' t - II *J'r Z ?? o ,.I .? g 711'1}[ 'JAY Lyryown «.LI RR.rV ?-i r1 - r Q LAJ rw? o /A Item #: Clearwater City Commission Agenda Cover Memorandum Meeting Date: SUBJECT: Variance to the Sign Regulations; 501 Fairwood Ave.; Clearwater Apartments I Ltd./Brookwood Apartments (Owner/Applicant); E. D. Armstrong Ill (Representative). (SV 96-22) RECOMMENDATIONNOTION: Approve the following variances: (1) an area variance of 17.18 square feet from the permitted 24 square feet to allow a freestanding sign with an area of 41.18 square feet, (2) a height variance of 1.7 feet to allow a freestanding sign with a height of 7.7 feet, (3) a setback variance of 5 feet to waive the required 5 foot setback, and (4) an area variance of 3 square feet to permit a directional sign with an area of 7 square feet, on property identified as Sec. 8-29-16, M&B 34.01, for meeting Sec. 45.24, Standards for Approval, items (11)-(4), subject to the following condition: By maintaining a sign within the street setback pursuant to this variance, the owner and applicant agree that no governmental agency shall be liable for the cost of relocating or removing the sign in the event the property is acquired by eminent domain for road widening or any other public purpose. ® and that the appropriate_officials_be authorized to execute same. _ BACKGROUND: • This property is located on the east side of Fairwood Ave., north of Drew St., and is in the Multiple Family Residential 16 zoning district. • The applicant is requesting the following variances: (1) an area variance of 17.18 square feet from the permitted 24 square feet to allow a freestanding sign with an area of 41.18 square feet, (2) a height variance of 1.7 feet to allow a freestanding sign with a height of 7.7 feet, (3) a setback variance of 5 feet to waive the required 5 foot setback, and (4) an area variance of 3 square feet to permit a directional sign with an area of 7 square feet. Reviewed by: t)rigintiting Qepartment: Costs: Commission Action: Legal .':{-:: ^A11A i s• t eritriil;Aar?ri?tili ' + 'l+tlA': ? Approved Budget ?:F> :l1!!A`{`• >? % C? 7 Total ? Approved w/Conditions Purchasing User ? Denied Risk Mgmt. §> >N!A'<' ,,, Cntrai,perii7ltjlMp;:, •.•...,.., Current Fiscal Year 13 Continued to: !& :s'' {<a>NIA'y '`; funding source: ACM`' r-3 Capital Improwermntt CRT ;: '.•';;`'' Advertised: ? opsrstlnp: ? ?? A ac tt hmenta: t ....:..... . . Othe r. ' ' n Pepar• :: :'A tiad' 09 4 Submitted © Not Required ppro rietion Code Application Worksheet by- Affected Parties: : Maps ® Notified ................ ......... ? None ty Manager ? Not Required printed on recycled paper SV 96-22 Page 2 The following table provides summary information regarding the proposed signs: ravk reew, > ar#mets''> Leass?n ::Cl:ffiCe : . :.it.:..., ?. . : ,..,:ta on > : formati yl : • ar gtirl t mttted e r : iE ic ?+• 'c v ?? .. r. . :.Y Y a: ...::.- : : 5...., • s':Y i$: ::?.': :,, . Y:, .: S:! .'Y.. /? .. : .V : ; . f... Type of sign Freestanding Yes Directional Yes Locationlorientation of sign Fairwood Ave. Yes Fairwood Ave. Yes Area of sign 41.18 sq. ft. 24 sq. ft. 7 sq. ft. 4 sq. ft. Setback 0 ft. 5 ft. 55 ft. 5 ft. Height 5 7.7 ft. 6 ft. 4 ft. 6 ft. Staff Comments/Analysis: Conditions tend to support approval of the requested variance: • The signs are in scale and character with the existing development. Fairwood Ave., with an 80 foot right-of-way, Is a wide residential street; and the Brookgreen Apartment property, with 11 acres of land, is a large residential development. • Strict enforcement of the code would impose a hardship upon the applicant that would outweigh any benefit derived by the City. • The signs do not detract from this area or the City. .....:..:.::. ...........:.:...:.:..... L URR DI BIND:. E Direction Existing Land Uses North Park South Nursing home East Elementary school West Townhouses 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 0 SV 96-22 Page 3 requested variance 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, ^A FETIM 7194 19194 1195 18195 15195 1/5/95 12195 /16195 18/96 SV 96-22 Page 4 FREESTANDING SIGN HEIGHT •r• ,.::. •: r,y... ..r : .:: . .::..}..: r_: ,..::::? ES S:: :.:::i ::..., :.:! : :.:::::.:. .:.: ':.:.:':::.:j::, ::::. '.:.'.::.: .:: i'::: ; :. ::::.:.; ..f.t..ii:; `-VARIA.NC85 REOL)ESTSUTACT[ON 'ME8'I 1NG:':::.. }"r'r .. SV 92-28 1290, 92, 94 Court Stewart Title 2 ft. add'I to allow 10 ft./Denied 12/17/92 St. SV 93-18 1800 Gulf to Bay Young's 880 5.33 ft. add'I to allow 25.33 1119193 ft./Denied SV 93-61 21227 U.S. 19 Cambridge Apts. 14 ft. add'I to allow 20 1/24/94 ft.lApproved SV 93-72 23197 U.S. 19 The Golf Depot 8 ft. add'I to allow 28 ft./Denied 3/21/94 SV 94-22 400 Island Way Clipper Cove 3.5 ft. add'I to allow 9.5 814194 Condominium ft./Denied 2.5 ft. add'I to allow 8.5 ft./Approved SV 94-33 20 island Way Jesse's Flagship 1 ft. add'I to allow 21 1016/94 Restaurant ft./Approved SV 94.06 701 N. Hercules Clearwater Professional 2.5 ft, add'i to allow 10.5 11/17/94 Center ft./Denied SV 95-17 2495 Gulf to Bay Builder's Square 5 ft. add'I to allow 25 ft,/Denied 5/4195 SV 95-27 3060-3080 Imperial Pines 1.7 ft. add'I to allow 7.7 6115195 Eastland Blvd. Condominium ft./Approved SV 95-35 1390 Sunset Point Sunset Point Baptist 5 ft. add'I to 17 ft./Approved 9121195 Church SV 95-33 2632 Enterprise Europa of Countryside 2.3 ft. and 2,8 ft. to allow 8.3 ft. 1015195 and 8.8 ft./Approved DIRECTIONAL, SIGN AREA # <'? ::: 013E :: :'NAM SV 93-25 1698 Gulf to Bay Grandy's 0.95 sq. ft. to allow 4.95 sq. 317194 ft./Approved SV 93-17 1608 Gulf to Say Peking Palace 3,5 sq. ft. to allow 7.5 sq. 4/19194 ft./Approved SV 96-02 2085 Gulf to Bay Carlisle Lincoln Mercury 12, 12, 28 and 6 sq. 317196 ft./Approved SV 96.07 2770 Regency Oaks t Regency Oaks 9.3 sq. ft. to allow 13.3 sq. 3/21/96 ft./Approved SV 96-22 Page 5 VARIANCE WORKSHEET - CASE NUMBER SV 96-22 STANDARDS FOR VARIANCE STAFF FINDINGS APPROVAL. (1) There are special circumstances Conditions tend to support approval of the related to the particular physical requested variance: surroundings, shape or topographical . The signs are in scale and character with conditions applicable to the land or the existing development. Fairwood Ave., buildings, and such circumstances are with an 80 foot right-of-way, is a wide peculiar to such land or buildings and residential street; and the Brookgreen do not apply generally to the land or Apartment property, with 11 acres of land, buildings in the applicable zoning is a large residential development. district. • Strict enforcement of the code would impose a hardship upon the applicant that would outweigh any benefit derived by the City. • The signs do not detract from this area or the City. (2) The strict application of the The proposed signs constitute a reasonable provisions of the code would deprive use for the reasons stated above. the applicant of the reasonable use of the land or buildings. (3) The variance is not based The variances requested appear to satisfy exclusively upon the desire for this condition. economic or other material gain by the applicant or owner. (4) The granting of the variance will be The sign regulations were adopted with the in harmony with the general purpose intent of enhancing the visual quality of the and intent of the land development City's streets and landscape in order to code and comprehensive plan and will protect the value of properties and the well- not be materially Injurious to being of the local tourist oriented economy. surrounding properties or otherwise The granting of these variances appears to be detrimental to the public welfare. consistent with this intent. CENTRAL PERMITTING DEPARTMENT 10 S. MISSOURI AVENUE CLEARWATER, FL 34616 Fs-v# %2z SIGN VARIANCE APPLICATION PROPERTY OWNERIS) NAME & ADDRESS: REPRESENTATIVE(S) (if any) NAME & ADDRESS: Clearwater Apartments I Ltd. c/o Ms. Terry Carsgn - Brookgreen Apartments _ , - 501 Fai Clearwater, FL 34619 E.D. Armstrong III, Esq. J-0 90a.-Blakely., Rnpe.-Rolrax- Ruppial & Burns, P.A. 1 ChestDut-Sg;rgrt -- Clearwater, FL 34616 TELEPHONE:. 1813 ]i_796-1695 TELEPHONE:_ (An ) G{,.1-IR i a ADDRESS OF SUBJECT PROPERTY: 501 Fairwood Avenue NAME OF BUSINESS (IF APPLICABLE): BrookwQod- Apartments ZONING DISTRICT: M LAND USE CLASSIFICATION: R M LAND AREA: 11.07 acres LEGAL DESCRIPTION OF SUBJECT PROPERTY: See Attached She $•29-??0+?? ?r B 3171 J PARCEL NUMBER: 08 29 1 lb ?'' nnnnn -44n 1 _n i p0 (This information is available from your tax receipt or contact Pinellas Co. Property Appraiser's Office at 464-3207. If more than one parcel number, attach 8% x 11 inch sheet) DESCRIBE SURROUNDING USES OF PROPERTY: North; Pd r K South: N U rs i 10M me East: - @1LTeIi?C{E'Z? school West• O W -.1 k o IAStS VARIANCE(S) REQUEST: 17. I S04rp e fo PtrM+t a fr'?cs' "aB d;'il s,.9n Ot'ei 91?-048 squart Aof whcrc a frxkM 4rQeAt 4!f 24' Sre fef t is 1110! !Ad . (21 1,7¢eef in. het hr,;?, ern,if d' s Gh J n 619n h<E 0 7,7 eel' l1 c A *e'Xi ti hr W 6 et 1S /10 Wt M 5 ?e a erm a ref son in 51 rr 4 <f rarn a s rlct FQjrwoo ??of-o -wo whee a se a4k o S cc Is re airs 4 3 s Sy? ea r,e -tc f0 l n 4 aelml? CL- Qreq 04' s 144rt rO Whe 4 -M4 1,n1k ar a 5vu4r- cc 1s awe CONTINUED ON REVERSE SIDE= STANDARDS FOR APPROVAL: A variance shall not be granted by the City Commission unless the application and evidence oiesentod clearly support the following conclusions: 1) There are special circumstances related to the particular physical surroundings, shape or topographical conditions applicable to the land or buildings, and such circumstances are peculiar to such land or buildings and do not apply generally to the land or buildings in the applicable zoning district because See Attached 21 The strict application of the provisions of the code would deprive the applicant of the reasonable use of the land or buildings because See Attached 3) The variance Is not based exclusively upon a desire for economic or other material gain by the applicant or owner because _ __ __ __ -See Attnchgd 41 The granting of tho 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 -------_- - Snf-_ At--t ar_hed- - THIS SUBMISSION GIVES AN APPLICANT THE OPPORTUNITY TO REQUEST THE VARIANCE AND APPEAR BEFORE THE CITY COMMISSION AT A PUBLIC HEARING. FEES PAID ARE NON-REFUNDABLE REGARDLESS OF BOARD ACTION. BY SIGNING THIS DOCUMENT I AM ACKNOWLEDGING THAT ALL FEES PAID DO NOT GUARANTEE APPROVAL OF THIS APPLICATION. SIGNATURE OF PROPERTY OWNER (OR RF.PRES1rNTAME): ltfialude poanlon and name of a y pppoah;al Sworn to and sub?cdbed before me this aL ,day, of S are to r? 6 e? - lq,p„ { g 9 G{r by who is personally knoi+vri to me andlos-has-prodited-»• h vtii9-identification. STATF OF FLORIDA, COUNTY O Pi AlE!_Lt1 ..n . • se ' Conimissioh Na. - C C 3 4 ? $ I'! Xh y,v E 6 , s,519 P-5 (Noma of Notary typed, printed or stamped) JAYNfQ SEARS _.; * W GOhwISSM 1 CM07811 EXPIRES 'y w- Septwbar 2, 1997 A?; Rr„?, r ?or,occ nu tACr rrurl ifrsunu, txc. NOTE: PROPERTY OWNER OR REPRESENTATIVE MUST ATTEND HEARING. ADDITIONAL. INFORMATION BROOKGREEN APARTMENTS SIGN VARIANCE APPLICATION The Brookgreen Apartment complex is located on the west side of Fairwood Avenue north of Drew Street. The project has approximately 820 linear feet of frontage and two entrances on Fairwood Avenue. The project is comprised 11.07 acres and is zoned RM-16. The project has one entrance sign located at its southern entrance drive on Fairwood Avenue. The sign is 41.18 square feet in area, where 24 square feet is the allowed. The height of the existing sign is 7.7 feet, where 6 feet is allowed. The sign is located less than five feet from the right-of-way, where five feet is the minimum setback established by City code. The Applicant is requesting approval of an area variance, a height variance and a setback variance to allow this sign to remain. According to City records, this entrance sign has been modified since 1991. Neither the City or the Applicant have records that to show that a permit was received to modify the sign. If the variances requested for this sign are approved, the Applicant will submit the required sign permit fee and documentation to resolve the permit issue. Internal to the complex there is an existing directional sign to help newcomers and residents to find the leasing office. The directional sign is 7 square feet in area, where 4 square feet is the allowed. The applicant is requesting a variance to allow the 7 square foot sign to remain. 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. The project is large, 11 acres in size with two access drives. According to Code, the Applicant could have a sign at each project entrance. Rather than having two signs that could total 48 square feet in area, the Applicant has one that is 41.18 square feet. The strict application of the provisions of the Code would deprive the applicant of the reasonable use of the land or buildings. The variance is not based exclusively upon the desire for economic or material gain by the applicant or owner. 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. 0106332.01 C WILSON JGHED arm oKttM r314 sun VAtK P. 1 2 9 1- S R 7 ^- 1 2 3 4 s e 7 e 9 10 11 t2 13 14 +5 16 It +a t9 40 -Af 2fl z+ 22 23 24 25 24 2T 20 29 30 31 32 33 3+ 35 36 37 34 39 Ell' I- - -- _- I i i 1 I ' 4 1 ?' I I1 FAME ON i - ? - -- - ' I I 1 1 ? I + 1 ? .- kk I T — Brookgreen Apartments Southern Entrance Sign on Fairwood Avenue Photo shows existing sign. Sign area is 41.18 sq.ft. {7.1' x 5.8' w 41.18 sq.ft. } 24 sq.ft. is allowed. 17.18 sq. ft. variance req. Height is 7.7'. 6' is allowed. 1.4' variance requested. Setback is less than 5'. Variance is requested. Banner was removed. :. 4 L i t - 1 F-F-l 4 -i ?- 1 L L rsn?. iric Brookgreen Apartments Directional Sign Photo shows existing sign. Sign area is 7 sq.ft. (2' x 3.5' = 7 sq.ft. ) 4 sq.ft. is allowed. 3 sq, ft, variance req. f ?tr?°' 1 1 4r `, W? 1? '• a fit •?.,? .. L2 4? a . :• FI.Q. b.) 1 ? t? p n [?ra• %- b , OX v 1 • . ', x 7 N .: •. 41 IV Lu 2v'?. f??'•'t'A ?? ? :. N 1 . AR•?• • Lq 5.40 ? ? ? ::: ?ptVS• 1DtD•?? ?. Zg4.Z-Q'(F7 ••'. G 1•Q•?516`? ? +? .. ? .. ?. La4.'35' Cit ? ? It . p4? G , • N L1' Qom' 04. ?.. ??? f ••'h?,? v ` fit EX i 5Y GS ._`? Vlt S r• o• J f S V-- T ` ki N r , t. a .Q cow.) V E 't• , ' ' a? r f Z.• ?j . ' ?_ 1? .ti. • :. F 00 J 1.% b •, z' t 6b* 4'1' q J 71 rim F jug 10 u nr ' ? >q w m 39 w1 17 ? t0{ 10 $4 rim 70 T1' I hff ?L 4 34/02 Iq ? f>o ? ca sae haw ,a 0 S ? R c?rlro o`??"pye 3,,01 N rt / R Q 42/01 elf co ?? T! » 41/01 s>•nMO o.rrr Ik' Fj n or I IM tt ?FI$ B a1 III I 3 1 2 it, 1 ?? Itt ' i ,pit try n ,., ?? frf r fN RPD 15 43/02 2 P/SP 1 G EISE R MENTARY SCHOOL 34/04 mAA -112 :...::.... .. 'SI N - v VARIANCE" . REQUEST [ATLAS AME: BROOKGREEN?4P?QRTMENTSj ARMSTRONG V # 96-22 PUBLIC HEARING DATE : NOVEMBER 71 1996 PAGE: 2NA SEC: 0 TWP: ZQ S RGE:.& E ;qth.,}:.:; >?ARWATER CITY "COMMISSION o ?i 4/S 'Mf S? ? O O ?AQAtI 1? wwwwr y ? Q ?+rwr?.w.w r.rrww? r ? -'OW "low Pr%wft.. ?r.r 79 W ` !S 11t 11 'Y!1 M ? d r ??? 01D !D . OY Ybril71 O/'r OY /?DZ'I! rw ? OY V?Q179 '011 Y}Gt71 '7+r f7wurla r r... LAf - 7177M X011 7N727? 7 P 1W rgWYV '7ti? OMV1oM ']+r -.t- 09"084 G Ztr XVFM /a7S 1VRlON iJRn 4* . `.y N 'HY 2111 7t(Yl 4171 A 7Mr1 ? N ?'A Y7Y '7tiY Wyly= ? as 71Y M/17LSY1 Q '7?Y ?WMrO4C 3lV TU YIR a ? . 3+r raxwx? •u..• a n ?F Y?? ° a 0 a a VN, Lop'I •AY .00 OR 1 ? r 7hY ?YTiOMR ? ?? 0 anrYa?+? ?; a 0 I i ,i ?qf try' ?,I1 } dr r' Item--- # 17 ja 7G i CPS Clearwater City Commission Agenda Cover Memorandum Item a: Meeting Date: SUBJECT: Variance to the Sign Regulations; 530 Fairwood Ave.; Clearwater Apartments I Ltd./Lantana Apartments (Owner/Applicant); E. D. Armstrong III (Representative). (SV 96-23) RECOMMENDATION/MOTION: Approve the following variances: tot the no sig,nAsign #11: a setback variance of 5 feet to waive the required 5 foot setback from Fairwood Ave.; for_ihe southeast sign (sign #2): (1) an area variance of 14.7 square feet from the permitted 24 square feet to allow a freestanding sign with an area of 38.7 square feet, and (2) a height variance of 8.3 feet to allow a freestanding sign with a height of 14.3 feet; for the southwest sign Isign #31: (1) an area variance of 9.6 square feet from the permitted 24 square feet to allow a freestanding sign with an area of 33.6 square feet, and (2) a height variance of 0.8 feet to allow a freestanding sign with a height of 6.8 feet; on property identified as Sec. 8-29-16, M&B 34.01, for meeting Sec. 45.24, Standards for Approval, items (1)- (4), subject to the following condition: By maintaining a sign within the street setback pursuant to this variance, the owner and applicant agree that no governmental agency shall be liable for the cost of relocating or removing the sign in the event the property is acquired by eminent domain for road widening or any other public purpose. ® _ and that the appropriate officials be authorized to execute same. _ BACKGROUND: • This property is located on the northwest corner of Drew St. and Fairwood Ave., and is in the Multiple Family Residential 16 zoning district. • The applicant is requesting the following variances to allow the existing freestanding signs to remain: for the north Sign (s gg_#1): a setback variance of 5 feet to waive the required 5 foot setback from Fairwood Ave.; f r h southeast sin sin #2).: (1) an area variance of 14.7 square feet from the permitted 24 square feet to allow a freestanding sign with an area of 38.7 square feet, and (2) a height variance of 8.3 feet to allow a freestanding sign with a height of 14.3 feet; f the soutbWest i n (slan4l: (1) an area variance of 9.6 square feet from the permitted 24 square feet to allow a freestanding sign with an area of 33.6 square feet, and (2) a height variance of 0.8 feet to allow a freestanding sign with a height of 6.8 feet. Printed on recycled paper Reviewed by: Orlginatinp Department: Costs: ...... . . ..... Commission Action: Legal .. "NIA: ? Approved Budget ; i<`::. = NIt :: •:: :' rJ, Total ? Approved w/Conditions [3 purchasing User Depar mont: Denied fiisk Mgmt. Cptriih,p4ritalttiriq Current Fiscal Year ? Continued to: IS z;•,':. :NIA( :;> :. <: Funding Source: ACM ? Capital Improvement: CRT Advertised: ? operating: 1ter ' ? Attachments: 7 t?.c?.. ,, ,.`..;.:? ... .: ..:.... .... ' other. Submitted ? Not Required Appropriation Code Application Worksheet by: Affected Parties: Notllled :..:... . ::. :.r`..;:..::::,•:::::.::.:::,:::::; ;::.::.:::.!:::: Maps ? None y Manager i] Not Required SV 96-23 Page 2 The following table provides summary information regarding the proposed signs: <:SuU t?'east=?si{` ?:; st ? >#2 . it •f::{Sv,iYt}J:: ry.... i r ;.}>...: ?!:fir. <..{r:Y. ?:.U.:i :•'i i:i»Yiistin g i? e 171 Bd `?? r itt g' ?i?xistlrt • Pei*mitted' r .: 4 ,::.Y{ . ?.. :: .; :.:<:>. ? : Type of sign Freestanding Yes Freestanding Yes Location /orientation of sign Fairwood Ave. Yes Drew St. Yes Area of sign 23.1 sq. ft. 24 sq. ft. 38.7 sq. ft. 24 sq. ft. Setback 0 ft. 5 ft. 5 it. 5 ft. Height 6 ft. 6 ft. 14.3 ft. 6 ft. SoufesfJ si.9.In{?{sign: 3);<: •. Y.. t [? i:?:: + is 1t?y? : {: Yr 'h::i•?.+' ::?nfYi???Q?/??.. ., .:. .. in? ,..:... ...:. ..... e?:+, Mitt -d Type of sign Freestanding Yes Locationlorientation of sign Drew St. Yes Area of sign 33.6 sq. ft. 24 sq. ft. Setback 5 ft. 5 ft. Height 6,8 ft. 6 ft. Staff Comments/Analysis: Conditions tend to support approval of the requested variances: • The signs on this property must compete with signs on nearby properties, and several nearby properties are assigned zoning that allows larger signs. Directly across Drew St. from the Lantana Apartments, property is zoned General Office which allows a 50 square foot freestanding sign. Also, to the west on Drew St., properties are zoned Highway Commercial and Commercial Center which allow 112 and 150 square foot signs, respectively. • The signs are in scale and character with the existing development. • Strict enforcement of the code would impose a hardship upon the applicant that would outweigh any benefit derived by the City. • The signs do not detract from this area or the City. SV 96-23 Page 3 :.: <>; =' SURROUNDING' LANQ..USE Direction Existing Land Uses North Townhouses South Vacant East Nursing home West Apartments 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 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: SETBACK A ASS.' .::'.'< ....:..: .:::.?::..:..-:; ::::;:•:: : lVAN1S : ..' ::.' : <'' ?? :?': <:;' ':?:::':.? ` ` ?VA>?iANCI=S ? ??'<::°::?::? `- >'ME i UI~S aIACTIO• DAT : SV 93-06 1621-1627 Gulf to Bay Connell's Plaza 5 ft./Approved 9/28/93 SV 92-31 1880 Drew St. Drew Plaza 5 ft./Approved 9/28/93 SV 94-19 1969 Drew St. Camco Center 4.6 ft./Approved 7/21/94 SV 95-28 2737 Enterprise Rd. Oaks of Northwood 4 ft./Approved 6115/95 Condominium SV 96-04 715 S. Gulfview Holiday Inn Sunspree 5 ft./Approved 3/21/96 SV 96-23 Page 4 FREESTANDING SIGN AREA Y:A'.. .tii :i• J r . . : NAME.:' ... .. ... ... VAR1ACES.REQEISTEtilACTlQN.`: NlI~E'xlNC ;':. SV 93.06 1621-1627 Gulf to Bay Blvd. Connell's Plaza 144 sq. ft. add'I to allow 208 sq. ft./Denied 9/28193 SV 93-18 1800 Gulf to Bay Young's BBQ 39.5 sq. ft. add'I to allow 103,5 sq. ft./Denied 11 /9193 SV 93-67 29605 U.S. 19 Criterion Center 22.8 sq. ft. add'I to allow 72.8 sq. 2/7194 SV 93-92 2288 Drew St. Prime Executive Center 22.7 sq. ft. dd'I to allow 46.7 sq. enied 4/19/94 SV 94-36 2218 Gulf to Say Mr. Submarine / Mr. Gyros 94 sq. ft. add'I to allow 158 sq. ft./Denied 1113194 SV 94-06 701 N. Hercules Clearwater Professional Center 21.4 sq. ft. dd'I to allow 45.24 sq. ft./Denied 11/17/94 SV 95-10 430 S. Gulfview Blvd. Adam's Mark Hotel 6 sq. ft. I to allow 56 sq. ft./Approved 312195 SV 95-21 23917 U.S. 19 U-Haul 37.6 sq. ft. add'I to allow 101,6 sq. red 4120/95 SV 95-18 2476 Sunset Pt. Pinellas Community Bank 36 sq. ft. {'I to allow 60 sq. ft./Denied 8.8 sq, ft. add'I to allow 32.8 sq. 514/95 SV 95-25 1625 N. Belcher Rd. Salvation Army Community Worship 24 sq. ft. i'I to allow 72 sq. ft,/Approved 5/18/95 SV 95-27 3060-3080 Eastland Blvd. Imperial Pines Condominium 34.8 sq. ft. dd'I to allow 58.8 sq. ft./Approved 6115195 SV 95-30 1685 Gulf to Bay Gulf to Bay Shopping Center 15 sq, ft. add'I to allow 165 sq. ft./Denied 7120/95 SV 95-33 2632 Enterprise Rd. Europa of Countryside 32.9 sq. ft. dd'i to allow 56.9 sq. 1015/95 SV 95-43 2650 Countryside Blvd. Rustlewood Condominium 6.3 sq. ft. d'I to allow 29.3 sq. ft. and 8. 1 q. ft. to allow 32.1 sq. ft./App'd. 1112195 SV 95-44 2545 N.E. Coachman Rd. Town Place Apartments 18 sq. ft. i'I to allow 42 sq. ft./App'd. 11 /16195 SV 96-11 2320 Sunset Point I Rd. Easy Pick to allow 297 sq. 233 sq. ft. ft./Denied 7118196 I SV 96-23 Page 5 FREESTANDING SIGN HEIGHT },AI~,....:>.. . ,..... Db?#i"SS.......n NA.:.. .VAFtfANCt"5 HL1U5S7D A 1O ETING" .r.x. r...i.... Yr:.r r .. t ............ ..n.:v;.:....v r. S. •:.:r ...... SV 92-28 1290, 92, 94 Court Stewart Title 2 ft. add'I to allow 10 ft./Denied 12/17192 St. SV 92-05 20162 U.S. 19 Suncoast Inn 1 ft. add'I to allow 25 ft./Denied 517192 SV 93-18 1800 Gulf to Bay Young's BBQ 5.33 ft. add'i to allow 25,33 1119193 ft./Denied SV 93-34 19400 U.S. 19 Kenyon Dodge 16.75 ft. add'! to allow 36.75 1/24/94 ft./Denied SV 92-30 1266 Court St. Accurate Automotive 17.2 ft. add'I to allow 25.2 ft./Denied 1124194 Repair 3.9 ft. add'/ to allow 11.9 ft./Approved SV 93-61 21227 U.S. 19 Cambridge Apts. 14 ft, add'I to allow 20 ft./Approved 1124194 SV 93-41 25778 U.S. 19 Forbidden City 12 ft. add'I to allow 32 ft./Denied 217194 SV 93-72 23197 U.S. 19 The Golf Depot 8 ft. add'I to allow 28 ft./Denied 3121194 SV 94-22 400 Island Way Clipper Cove 3.5 ft. add'I to allow 9.5 ft./Denied 814194 Condominium 2.5 ft. add'/ to allow 8.5 ft./Approved SV 94-16 1861 N. Highland Sunset Square 5 ft, add'I to allow 25 ft./Denied 9115194 Shopping Center 2 ft. add'I to allow 22 ft./Approved SV 94-33 20 Island Way .Jesse's Flagship 1 ft. add'I to allow 21 ft./Approved 10/6/94 Restaurant SV 94-36 2218 Gulf to Bay Mr. Submarine 1 Mr. 7 ft. add'I to allow 27 ft./Denied 1113/94 Gyros SV 94-06 701 N. Hercules Clearwater 2.5 ft. add'I to allow 10.5 ft./Denied 11/17/94 Professional Center SV 95-01 1835 N. Highland Shanghai Express 4.3 ft. add'I to allow 14.3 ft./Denied 1/19195 SV 95-17 2495 Gulf to Bay Builder's Square 5 ft, add'I to allow 25 ft./Denied 514195 SV 95-27 3060-3080 Eastland Imperial Pines 1.7 ft. add'/ to allow 7.7 ft./Approved 6/15195 Blvd. Condominium SV 93-68 25749 U.S. 19 Savings of America 22 ft. add'(to allow 42 ft./Denied 8/3195 SV 95-35 1390 Sunset Point Sunset Point Baptist 5 ft. add'/ to 17 ft./Approved 9121195 Church SV 95-33 2632 Enterprise Europa of 2.3 ft. and 2.8 ft. to allow 8.3 ft, and 1015195 Countryside 8.8 ft./Approved SV 96-23 Page 6 VARIANCE WORKSHEET - CASE NUMBER SV 96-23 STANDARDS FOR VARIANCE STAFF FINDINGS APPROVAL (1) There are special circumstances Conditions tend to support approval of the related to the particular physical requested variances: surroundings, shape or topographical conditions applicable to the land or • The signs on this property must compete buildings, and such circumstances are with signs on nearby properties, and several peculiar to such land or buildings and nearby properties are assigned zoning that do not apply generally to the land or allows larger signs. Directly across Drew buildings in the applicable zoning St. from the Lantana Apartments, property district. is zoned General Office which allows a 50 square foot freestanding sign. Also, to the west on Drew St., properties are zoned Highway Commercial and Commercial Center which allow 112 and 150 square foot signs, respectively. • The signs are in scale and character with the existing development. • Strict enforcement of the code would impose a hardship upon the applicant that would outweigh any benefit derived by the City. • The signs do not detract from this area or the City. (2) The strict application of the The proposed signs constitute a reasonable provisions of the code would deprive use for the reasons stated above. the applicant of the reasonable use of the land or buildings. (3) The variance is not based The variances requested appear to satisfy exclusively upon the desire for this condition. economic or other material gain by the applicant or owner. (4) The granting of the variance will be The sign regulations were adopted with the in harmony with the general purpose intent of enhancing the visual quality of the and intent of the land development City's streets and landscape in order to code and comprehensive plan and will protect the value of properties and the well- not be materially injurious to being of the local tourist oriented economy. surrounding properties or otherwise The granting of these variances appears to be detrimental to the public welfare. consistent with this intent. CENTRAL PERMITTING DEPARTMENT 10 S. MISSOURI AVENUE CLEARWATER, FL 34616 SIGN VARIANCE APPLICATION sV#96' 3 PROPERTY OWNER(S) NAME & ADDRESS: REPRESENTATIVE(S) (if any) NAME & ADDRESS: r 1 ParwatPr Anart-ments,1 Ltd _ clo_ Ms, Terry Carson T.nnrnna Ap nrhmPnrg 530 Fairwood Avenue Clearwater, FL 34619 E.D. Armstrong III, Esq. Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A. 911 Chestnut St. Clearwater, FL 34616 TELEPHONE:, ( 813) 796-1695 TELEPHONE: ( 8131461-I818 ADDRESS OF SUBJECT PROPERTY: 530 Fairwood Avenue NAME OF BUSINESS (IF APPLICABLE): Lantana Apartments ZONING DISTRICT: LAND USE CLASSIFICATION: R M LAND AREA: 11.00 LEGAL DESCRIPTION OF SUBJECT PROPERTY:--- See attached PARCEL NUMBER: OS / 29 / 16 / _ _,(10000.,.-1 340 / o2no (This information is available from your tax receipt or contact Pinellas Co. Property Appraiser's Office at 464-3207. If more than one parcel number, attach 8% x 11 inch sheet) DESCRIBE SURROUNDING USES OF PROPERTY: North: Town Uses East: Nursia home South: c an West: Ch?s VARIANCE(S) REQUEST: See Attached CONTINUED ON REVERSE SIDE STANDARDS FOR APPROVAL: A variance shall not be grontod by the City Commission unless tho application and ovidonet poosented clearly support the following conclusions: 1) There are special circumstances related to the particular physical surroundings, shape or topographical condition applicable to the land or buildings, and such circumstances are peculiar to such land or buildings and do not appl generally to the land or buildings In the applicable zoning district because See Attached 2) The strict application of the provisions of the code would deprive the applicant of the reasonable use of the land o buildings because See Attached 3) The variance is not based exclusively upon a desire for economic or other material gain by the applicant or owne because See Attached 4) The granting of the variance will be In harmony with the general purpose and Intent of the land developtnent code ant comprehensive plan and will not be materially Injurious to surrounding properties or otherwise detrimental to the public welfare because See Attached THIS SUBMISSION GIVES AN APPLICANT THE OPPORTUNITY TO REQUEST THE VARIANCE AND APPEAR BEFORE THE CITY COMMISSION AT A PUBLIC HEARING. FEES PAID ARE NON-REFUNDABLE REGARDLESS OF BOARD ACTION. BY SIGNING THIS DOCUMENT 1 AM ACKNOWLEDGING THAT ALL FEES PAID DO NOT GUARANTEE APPROVAL OF THIS APPLICATION. 11-57 .0 SIGNATURE OF PROPERTY OWNER (OR REPRESENTA Swom to and subscribed before me this 3A d, day of S ?,p rem b er _ A.D., 19 9? by E. 7)• 4R m57-R 0A1 a M , who Is personally known to me an4/o4Jms-producsd-e' ras'Pderrtific?tion:v STATE OF FLORIDA, COUNTY OF P/Wgr I- Lf}S Pulitic TAYArE G. 5C4-9__S (Name of Notary typed, printed or stamped) Commission No. 06307611 JAYNE E. SEARS ' MY MMISMON I C=781 i EXPiRES • Seplember 2, MY 'r';;?, r ' w++om nc+u TAVr ru?+ eavw+cr, ?:c. NOTE: PROPERTY OWNER OR REPRESENTATIVE MUST ATTEND HEARING. STANDARDS FOR APPROVAL: A variance shall not bo grontod by the City Commission unloss tllo application and ovidenc( I3rosonted clearly support the following conclusions: 1) There are special circumstances related to the particular physical surroundings, shape or topographical condition applicable to the land or buildings, and such circumstances are peculiar to such land or buildings and do not appi generally to the land or buildings In the applicable zoning district because See Attached 2) The strict application of the provisions of the code would deprive the applicant of the reasonable use of the land o buildings because See Attached 3) The variance ;s not based exclusively upon a desire for economic or other material gain by the applicant or owne because See Attached 4) The granting of the variance will be in harmony with the general purpose and intent of the land developinent code on( comprehensive plan and will not be materially injurious to surrounding properties or otherwise detrimental to the public welfare because See Attached - - THIS SUBMISSION GIVES AN APPLICANT THE OPPORTUNITY TO 13EQUEST THE VARIANCE AND APPEAR BEFORE THE CITY COMMISSION AT A PUBLIC HEARING. FEES PAID ARE NON-REFUNDABLE REGARDLESS OF BOARD ACTION. BY SIGNING THIS DOCUMENT I AM ACKNOWLEDGING THAT ALL FEES PAID DO NOT GUARANTEE APPROVAL OF THIS APPLICATION. SIGNATURE OF PROPERTY OWNER (OR REPRESENTATIVE): Ion and nano or oo pony If apptfoa6la? wwluds Pj1 Swom to and subscribed before me this 34,c(- day of So- f?rr b ?' A.D., 19 gG by E. -Z>- 4 R MSTR-OA1& M , who Is personally known to me Orr ucad--l ws`hteettiTst`t?tivu?l. STATE OF FLORIDA, COUNTY OF P/r?ELLRS :TPr yAt E 6 . S ER-2S - - - - (Name of Notary typed, printed or stampod) Commission No. 6630713// r JAYNE E. SEARS . MY COMMISSION 101811 EXPIRES ?? Saptsmt?e? 2, 1997 R11., V to *WTMMrA1N1SVWa.1C NOTE: PROPERTY OWNER OR REPRESENTATIVE MUST ATTEND HEARING. SUPPORT INFORMATION LANTANA APARTMENTS SIGN VARIANCE Lantana Apartments is located at the northwest quadrant of the intersection of Drew Street and Fairwood Avenue. The apartment complex is comprised of 11 acres. The project has approximately 1,100 linear feet of frontage on Fairwood Avenue with three entrance drives, and approximately 370 linear feet of frontage on Drew Street. The project has a total of three free-standing signs. The existing signage and the requested variances for each sign are described in the following paragraphs. Sign No. 1: One freestanding sign is located at the northern entrance drive on Fairwood Avenue. The existing sign does not meet the 5' minimum setback from right-of-way. The Applicant is requesting a variance to the 5' setback. The sign base is unique in that the base is not a single pole that could be easily relocated. The sign base is a solid, monument-type structure. Relocating the sign base to meet the minimum 5' setback would have a significant impact on the design of the sign and the entrance landscaping feature. Sign No. 2: One freestanding sign is located at the intersection of Drew Street and Fairwood Avenue. The existing sign is 38.7 square feet in area, where 24 square feet is allowed and is 14.3 feet in height, where 6 feet is allowed. The Applicant is requesting an area variance and a height variance to permit the existing sign to remain. Sign No. 3: One freestanding sign is located on Drew Street, at the western boundary of the project. The existing sign is 33.6 square feet in area, where 24 square feet is allowed, and is 6.8 feet in height, where 6 feet is allowed. According to City inspections and a Notice of Violation that the Applicant has received, the sign does not require a height variance. The Applicant is requesting approval of an area variance, and if applicable, a height variance to allow the sign to remain. 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. The project is large, 11 arses in size, is located at a signalized intersection, has frontage on two roads, and has three entrance drives. The existing signs, the designs of the signs and the landscaping that accents each sign is not out of character to the surrounding area. The strict application of the provisions of the Code would deprive the applicant of the reasonable use of the land or buildings. The variance is not based exclusively upon the desire for economic or material gain by the applicant or owner. 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. 0108329.01 1n'dala Oalc Prepared Apltravsd Ely ? t 1VILSON JON[5 COMPANY B7113A OUFF 61113A WEEN MAUE IN U.' A. t 7 - ? e ? 5 A&V/a 1. , 5 1 ? ? ? Cy, ??1 i I ? ?? ? ? ? ? i I k? 3 I •?.1.-- tt -•-- -• I ? 1 ? i _ 13 1p f j 14 I ` lE /1 f ' t. 17 r J1 . ? __ __ - .. ?? 244 1 ?? -I F _ i ? ! 1 ! 1 ! 4- , T- 25 I 41 - T 1 F I t I I I I _.._ . r. `---..-. .. ... - - - - -• - y • . i1 .._.......,..i . E .__ --...._._.-....._...,.^-_._...` ._- - ? ? ? i 1 ? r , I f F .? -. l e _?. ?.? ? ? I ? ' ., , ; ,T. Lantana Apartments Northern Entrance Sign on Fairwood Ave. Photo shows existing sign. Setback is less than 5'. Setback var, is requested. S 1( ' 2- Lantana Apartments Drew Street/Fairwood Avenue Sign Photo shows existing sign Sign area is 38.7 sq.ft. (4.3' x 9' = 38.7 sq.ft. ) 24 sq.ft. is allowed. 14.7 sq. ft. variance req. Height is 14.3'. 6' is allowed. 8.3' variance requested. Banner was removed 5100 # 3 Lantana Apartments Drew Street Sign Photo shows existing sign. Sign area is 33.6 sq.ft, {3.5' x 9.6'= 33.6 sq. ft, } 24 sq,ft. is allowed. 9.6 sq.ft. var. is requested. Height is 6.8'. 6' is allowed. If applicable, 0.8' var. req. i ¦ N ..r f i ? i n rr . 0 0 r 1 1•i ? qq , J Y '!1 i di si I!1 ?3 In .f rf J. 1 1 1 te I *4 Cti. •: ?2 ~1 ? J la r r 4; ? 47 1? r? ti Ca V. i • ? } j ?LJ w?.w-?. r 1 f i i I r p?J $ig 09 a N r ¦ dal .. QQ r uN? s• aQ 0a! 5 ? Carr- ?? ?.? ,• ? CC r .? fi 8 M a in w u ?p P? o N ?'1 ti t r 9 u: ? J /gym ? U w W D H O W < b ? W - . r I w 0 mu c.?u+- U) .. - 0 c r ui S rU N N N W N ? ? S w LLI j O W •? y? LL ?. ,r r ?,/ ? 1J W O .? LL L& Z J?•1 .? I,. •J .. Q\ 46 . ;fOtj jp P. Disk -• -_ GELS It ? L, b o r I e rrw r .E j N U1° 10'4('. ?,f?,JE U -0- f it? PDB-4 1, ..!`- fi _0Q_ I Iu?+R. 1 Ltl' I 1 r^ 4? • ,1 0% t sJ H * ' r lr V' ! S w` ; i 1 I fro O cl NI•• :? W 'r r 1•., I.L tY ,. r F. i go ?. try, l `. J: L J . El. Q '. r d 1? ; , F 4. A 10 4 ? ' tl1 \ ,1 • ,s 1? 100-1 fi. 1 , 1 ..,.? , rAi I ?' "• ,1 aI r'1k6 -a: 7A rl?ul ' F w to ti _vu?xc? , •w t •I.'t ' l2 S ac f ill - -I V-4 .... sau ss ? /utu0c0 r rs sJ/o1 fr.'° o""o ewy sun H fa u ,a n It i19' CoMUEK8 P s ?? 1 M M if PM % po r 14 Rip, i ?+r TIP 101 K, N" -? "' rAq t ? ? C I S?Q Is OF. low 196--O1 ? i 11 ? 1 h1 4 ER3 o .p ? 310? HIM 24W RP 15 j 33/0, *,'+ 1N Cs I? +?+ 31/04 1N RM 16 M {M+? r u r QMV pal 2 134 M7 ,11,•}17 •N! XMIKS A M+M V12 :)/01 Arlo R D m L9r , i M w? 04; *0 9 O Od Hs.rs ? a 1 of r'GV W004 N7TWWA-?rw?rrrM.r l ti w I =?}---? POO j? SS Y'G l ? h. r Kvn?a,ro? va oY rsovm ar - e bra A L fR 0 I1 i'n f wl -'SRY WgSSn -'JAY ?ooaw?ano 'Oy 3H77m t_ "il0 Iw1 OIMgM Q N S F6e 'xY NOSrI- IA"-- r ? x r % 4,, Clearwater City Commission Agenda Cover Memorandum Item #: Meeting Date: SUBJECT: Variance to the Sign Regulations; 18409 U.S. 19 N..; Clearwater Ribs, Inc. 1 Sam Seltzer's Steakhouse (Owner/Applicant); Timothy A. Johnson, Jr. (Representative). (SV 96-24) RECOMMENDATION/MOTION: Deny a variance to allow placement of up to eight three-dimensional objects used as signs (cattle statues in front of a steakhousef, on property identified as Sec. 20-29-16, M&B 33.05, for failure to meet Sec. 45,24, Standards for Approval, items 0)-(4). ® and that the appropriate officials be authorized to execute same. BACKGROUND: • This property is located on the east side of U.S. 19 N., at the east end of Beileair Rd., and is in the Commercial Center zoning district. • The sign code prohibits three-dimensional objects used as signs. The applicant is requesting a variance to this prohibition to allow placement of up to eight life-like cattle statues on the front lawn of this steakhouse. Reviewed by: Originating D?alrtment: Costs: Commission Action: Legal E3 Approved Budget g# n:`h Total ? Approved w/Conditions Purchasing :: <: x«..<;,• er Department: Us 13 Denied Risk iK t.?a7'ii°3 :.ys j%iy fr Qm U':1:v.' !y; ..?•: Current Flscul Year E3 Continued to. isz Funding Source: ACM r;a 13 Cspltel lmprowrnont: hr y.{. CRT <>f>}.'>::. Advertised: ? opirnflnd: ? Attachments: ~s?: ??? Qihet: Submitt ? Not Required Appropriation Code Application Worksheet by. 712196 Tribune Article Affected Parties: p ® Notified ? None Gity ansoer ? Not Required `tW Printed an recycled paper SV 96-24 Page 2 The following table provides summary information regarding the proposed signs: } i ••S -:information > - ;Pro` osed'??;?? . --- - Type of signs Three-dimensional No Location/orientation of signs U.S. 19 N. No - three dimensional signs are prohibited Size 4 ft. x 8.5 ft. x 2 ft. No - three dimensional signs are prohibited Staff Comments/Analysis: Conditions do not support approval of the requested variance: • Three-dimensional signs are expressly prohibited by the code. There are no special circumstances present to deviate from this rule. To waive this prohibition for this applicant would confer a special privilege upon this applicant. • The applicant is not denied a reasonable use of this property. Signs placed in conformance with the code will serve to identify this use, just as conforming signs identify other uses throughout the City. ::..:.:.:........ . .. .:... .. ...... Qi G?:I:AN >:SURngU 1 S ? ? . ? ' = . . . ? <:ii%,xtc,;r?:, :,:i ?':., .5z..... k : : f. ::. f .. : ...,, .:. .,.. :...lx... :.. ....... ..: .. .....: ... •.:: .c:•.. •. ...clts :?:r.:? .c•r.?9:7Rf..... .. n:2 ft [.h4;.{l?i.{ydLS•.J! Nn, 42..iS C .5.14.{[+.[.,{5.. :.C 3. ..?. {. ?'h Direction Existing Land Uses North Gas station South Offices East Shopping center West Vehicle service 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: SV 96-24 Page 3 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: On April 19, 1994, a variance was approved for a three-dimensional sign (a horse) at Spencer's Western World If. This variance was for a unique pre-existing condition. The application indicated that the horse is an heirloom. The application read: "The rearing horse has been in the Spencer' family for many years having been given to Richard Spencer from his now deceased wife, with a commitment and promise that the rearing horse would always be used as a symbol of Spencer's Western World." SV 96-24 Page 4 VARIANCE WORKSHEET - CASE NUMBER SV 96-24 STANDARDS FOR VARIANCE STAFF FINDINGS APPROVAL (1) There are special circumstances Conditions do not support approval of the related to the particular physical requested variance: surroundings, shape or topographical Three-dimensional signs are expressly conditions applicable to the land or prohibited by the code. There are no buildings, and such circumstances are special circumstances present to deviate peculiar to such land or buildings and do not apply generally to the land or from this rule. To waive this prohibition buildings in the applicable zoning for this applicant would confer a special district. privilege upon this applicant. • The applicant is not denied a reasonable use of this property. Signs placed in conformance with the code will serve to identify this use, just as conforming signs identify other uses throughout the City. (2) The strict application of the The applicant is not denied a reasonable use provisions of the code would deprive of the land or buildings. Signs placed in the applicant of the reasonable use of conformance with the code will identify this the land or buildings. use. (3) The variance is not based The requested variance does not appear to exclusively upon the desire for satisfy this condition. economic or other material gain by the applicant or owner. (4) The granting of the variance will be The sign regulations were adopted with the in harmony with the general purpose intent of enhancing the visual quality of the and intent of the land development City's streets and landscape in order to code and comprehensive plan and will protect the value of properties and the well- not be materially injurious to being of the local tourist oriented economy. surrounding properties or otherwise The granting of this variance does not appear detrimental to the public welfare. to be consistent with this intent. CENTRAL PERMITTING DEPARTMENT 10 S. MISSOURI AVENUE CLEARWATER, FL 34616 SIGN VARIANCE APPLICATION lsv#7b:d PROPERTY OWNER(S) NAME & ADDRESS: REPRESENTATIVE(S) (if any) NAME & ADDRESS: Clearwaer Ribs, Inc. Timothy A. Johnson, Jr. 18409 US Highway 19 North Johnson Blakely, et al Clearwater, FL 34624 911 Chestnut Street [f?nn?=V S OZ1arr i- ? e.Sj,de!]t? --• f'inart.n?n?? VT. 3AAIFi _ TELEPHONE:- ( 614 1 890-6344 TELEPHONE:- ( 813 1 461-1818 ADDRESS OF SU&IECT PROPERTY: 184 9. IIS -:-1_ ghwayU--Nnrth (enrnp-r of ]IS19,1HP71pai,r Rd.) NAME OF BUSINESS (IF APPLICABI.E):Ciirre-st-ly Daman' g-Prntjosed La _k1:-"Sam_ Se1 t-zPr'R Stpakhnnsp" ZONING DISTRICT: CC LAND USE CLASSIFICATION: CG LAND AREA: 2.0 acres LEGAL DESCRIPTION OF SUBJECT PROPERTY:, See Attached Legal Description 5e-c, Zv• 29 -r?, ?8 33.05 PARCEL. NUMBER: ?n / g4 . / . : f _ 1 nnnnn /. 3-10- l _ n5nn (This information is available from your tax receipt or contact Pinellas Co. Property Appraiser's Office at 464-3207. If more than one parcel number, attach 8% x 11 inch shoot) DESCRIBE SURROUNDING USES OF PROPERTY: North: r'nmmnrrg0]?(ShP11___St3tinn) South'„ Of f ice East: Commercial (Levitz Shopping Center) We3LCommercial (Orange Blossom Groves Sales and shopping center) VARIANCE(S) REQUEST: See attached CONTINUED ON REVERSE SIDE q* STANDARDS FOR APPROVAL: A valence shall not be granted by the Chy Commission unless the application and evidence presented dearly support the following conclusions: 1) There ere speclal Circumstances related to the particular physical surroundings, shape or topographical conditions applicable to the lend or buildings, and such circumstances are pecullar to such land or buildings and do not apply generally to the land or buildings in the applicable zoning district because See attached 21 The strict application of the provisions of the code would deprive the applicant of the roesonubble use of the land or buildings because See attached 3) The variance Is not bawd exclusively upon a desire for economic or other material gain by the applicant or owner because See attached 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 See attached THIS SUBMISSION GIVES AN APPLICANT THE OPPORTUNITY TO REQUEST THE VARIANCE AND APPEAR BEFORE THE CITY COMMISSION AT A PUBLIC HEARING. FEES PAID ARE NON-REFUNDABLE REGARDLESS OF BOARD ACTION. BY SIGNING THIS DOCUMENT I AM ACKNOWLEDGING THAT ALL FEES PAID 00 N07LIARANTEE APPROVAL OF THIS APPLICATION. SIGMATURE OF PROPfRM OWNER IOR tkwk+da pd gm .n-Jnune of oompww Sworn to and subscribed before me this A qA-W- day of _ re_?? _A.D., 79 91/ by r-A. +To H.t/SoN .7-4 • , who Is personally known to me _.-an-icientsfieet STATE OF FLORIDA, COUNTY OF 'I'A Yd G E: S E (Name of Notary typed, printed or stamped) PINEGLf1 S Commission No. CC 30!7911 JAYNE E. SEA6i8 MY 0MOSSM I COD7811 EXPIRES SepWr bar 2, 997 DOHXO YM Twr /ARI NISI) k4u, INC. NOTE: PROPERTY OWNER OR REPRESENTATIVE MUST ATTEND HEARING. Request The Applicant Is requesting a variance to allow ornamental lawn statues/art to be placed in front of an existing commercial business. Notwithstanding the Applicant's position that the ornamental lawn statues/art is not a sign and should not be subject to the City's sign code, the Applicant is, due to timing constraints, filing a variance application in order to obtain necessary approvals within a designated time period. The existing site is zoned CC, Commercial Center, and is developed with an existing commercial building that has historically been used as a restaurant. The restaurant is proposed to change to a steakhouse. The business has a free standing sign that is legally permitted that complies with the existing Sign Code. The Applicant is requesting approval to place ornamental lawn statues/art on the property, The lawn statues/art is four to eight cattle. The statues are "life-like" in appearance and have no printed letters, words or numbers that advertise the location of the steakhouse. The lawn art is, however, symbolic of the business and is used at other business locations. Each piece of lawn art is three dimensional, 4' high (head to toe), 8.5' wide (head to stem), and 2' deep (side to side). The value of each piece of art is in excess of $1,000. Photographs of the lawn art, as they exist in at another business in the City of Tampa, are shown in the photographs enclosed with the application. The City of Tampa reviewed the "animal structures" and concluded they were "lawn ornaments," not subject to the City of Tampa's Sign Code, provided they were located in a grassed area, and removed from the line of sight visibility for traffic. Standards of Approval 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. The lawn art proposed is unique and is not a common form of advertising. The strict application of the provisions of the Code would deprive the applicant of the reasonable use of the land or buildings. The lawn art is symbolic of the business and an integral element of the design of the business, i.e., a trademark. Strict application of the City's Sign Code would deprive the applicant from fully implementing its business plan. The variance is not based exclusively upon the desire for economic or material gain by the applicant or owner. 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. The proposed lawn art will be set back from the road and removed from the line of sight of traffic. 0110117.01 }k4 1 1 l? sop-19 !- 96 O 7: 48P SAM SELTZER',S M S yEA?KHOUSE 813 879 4744 U la PREI6A?Z?'? usly mm?i ,. w + Ev P . • aw. ommom w •f ! P.05 sql-? 4 CITY OF TAMPA Construction services center .. .... . .. . July 3, 1995 Mr. Harold Seltzer 4744 N. Dale Mabry Tampa, FL 33614 Dear Mr. Seltzer, I have reviewed the site plans on 4732 Dale Mabry regarding the location of the sign. A permit was issued to relocate a ground sign per the attached copy of the site plan. You can change .the copy°of the sign as long as the sign is not relocated or changed from its current location: The animal structures that you want to put on the site are considered as "lawn ornaments", and not subject to the sign rdgulations, as long- as you do not put: any sign copy on them, and they -are located in the'grassed areas, The structures must not block any line of sight visibility for traffic, and cannot be located its any parking areas or on the roof. We will be happy to review the structures once they are located on the site plan to make sure • that there are no othet unf6reseen problems. If I can be of further service, please let me know, Very Truly Yours, Ick D'Andrea, Jr., C.B.O., Manager Commercial Development Services ND'A/jed . ?, % ftlc:Mletterlselt=2 1400 N. Boulevard • Tampa, Florida 33607 ? 8131250-1761 0 'Ywul.l.'•. r.: Nr?1 I?3'Xlrl!l3iQl+'?i:1il??rf a?ilSD.'+'1wh?galLr.f.?.IriR.?iF.Y:i.lt win 33/0) m i !r Zraly /7,74 It, -rot ol ?ri?uAt,'J Motorists traveling along Park Boulevard went of 79th Street North In Plnellaa' County can see cows painting a billboard for Chlck-fil-A. The Atlanta-based quick-serve chicken rss- • Ee a.. in bidlbo?i SUMMARYS Spending on outdoor ads jumped 8 percent last year as billboards have become bigger, bolder and multidimensional. A New Yak Times reMl Michael Pearson sculpts larg- er-than-life objects like bugs, baseball bats and witches. Last month, his company, Atomic Props and Effects Ltd., created eight Amazon-sized swimsuit-clad women, perched on short diving boards, for a billboard in Minne- apolis for Dayton Hudson Corp.'s Target store chain - that read "Take the Plunge." "It gets people to look at it a few seconds longer," Pearson said. Bigger and bolder outdoor ads are undergoing a renaissance. Agencies have rediscovered the medium as a cost-effective way to build a broad awareness for a brand, "Outdoor is what's left, be- cause everyone still drives," said Charles Porter, president of Cris- pin & Porter Advertising in Mi- ami. Last year, spending on so- called out-of-home advertise- BRUCE Ho3KwG(Ttib M photo tourant chain Is just one of many comiaantes turning to three-dimensional outdoor ads. Last year, spending on out- door advertisements rose 8.2 percent to $1.8 billion. ds- tArget motorists ments - billboards, posters in transit stations and construction sites, on skyscrapers and life- guard towers - rose 8.2 per- cent, to $1.8 billion, from the pre- vious year. For the second year, more was spent on entertainment and amusement ads than on cigarette ads, says Competitive Media Re- ports, which tracks ad spending. Another indicator of industry vigor has been a flurry of acquW- tions in the last 12 months. Infini- ty Broadcasting Corp. paid $300 million for TDI Worldwide Inc. In private deals, Patrick Media was acquired by Karl Eller, a Phoenix media entrepreneur, and Univer- sal Outdoor Inc, of Chicago merged with Naegele Outdoor of Minneapolis. As interest in outdoor adver- tising grows, agencies are in- creasingly pushing the boundaries of the medium, creating more in- ventive, multidimensional ads. Such inventiveness can also generate controversy, as Levi Strauss Associates Inc, discov- ered in September after the com- pany placed $55 khakis under plastic shields in 40 New York City bus shelters. City officials sharply criticized the ads, which appeared to test the civic virtue of New Yorkers. The ads were designed so that if the trousers were stolen, an outline of them would remain, re- vealing a message, "Apparently they were very nice pants." Gan- nett Outdoor Advertising agreed to withdraw the ads following protests from the city. Other outdoor ads have used almost surreal effects to get at- tention. The sides of five Phoenix bus- es, for example, were equipped with Plexiglas cases that con- tained a free-rolling Corell dinner plate in February. The tag line read "Fewer Breaks at Every Turn." Then there are shrink- wrapped buses. Buses covered bumper to taillight with a comput- er-generated decal effect began in 1940, Buses help advertisers in cities that often restrict bill- boards, said Jodi Yegetwel, a vice president of TDI, an outdoor transit company. Crispin & Porter created an ad for Sunglass Hut International that looks like giant-sized glasses in tortoise shell and sports ver- sions. Accompanying copy says "What to wear to a nude beach" and "Detachable ego." But the effect comes from photos retouched with depth-en- hancing shadows. The ads proved a success for the retailer in Mi- anu and are being introduced na- tionally. But it was witty copy on out- door ads that won the most praise at the recent Obie awards cere- mony sponsored by the Outdoor Advertising Association of Ameri- ca. Three-dimensional effects have included a Target ad with an Atomic Props witch, a Viasic pickle board held by a huge fork instead of a post and cows paint- ing "Eat More Chicken" for a re- gional chicken-restaurant chain. But unusual ads can cause un- expected problems, a discovery made by the defunct Barnhart Ad- vertising of Denver, which creat- ed the spare Olympic ads where a human-sized gymnast, diver and pole vaulter were seen in action. "We had a hard time keeping the clothes on the mannequins," said Kim Genkinger, who helped create them. GTE launches Inter neti service in Tampa Bay area SUMMARYs GTE, the local telephone compa- ny, is Introducing Internet services for as little as $8.95 a month in the Tampa Bay area. director of Internet safes for GTE Intelligent Network Services Inc, in Dallas. As a promotion, GTE will waive the usual $55 ' St 11 t' , fN fn 3 SPCf1 A rorM.11611 work. They may also set up a personal web page on 1 megabyte of space included in the Inter- 0v Cc$kJV n„ly , 1n• 0 s 11 R 1 s r i Clearwater City Commission Item Agenda Cover Memorandum Meeting Date: SUBJECT: Variance to the Sign Regulations; 2170 Rainbow Drive; AAA Auto Club South, AKA St. Petersburg Motor Club 1 AAA Auto Club South (Owner/Applicant); Roland E. Brooks (Representative). (SV 96-25) RECOMMENDATIONNOTION: Deny an area variance of 127,8 square feet from the permitted 24 square feet to allow a total of 151.8 square feet of attached signs, on property identified as Sec. 13-29-15, M&B 14,02, for failure to meet Sec. 45.24, Standards for Approval, items (1)-(4). Approve an area variance of 4.8 square feet from the permitted 24 square feet to allow a total of 28.8 square feet of attached signs, on property identified as Sec. 13-29-15, M&B 14.42, for meeting Sec. 45.24, Standards for Approval, items (1)-(4).' ® and that the appropriate officials be authorized to execute same. BACKGROUND: • This property is located on the northeast corner of S. Main Ave. and Rainbow Drive, and Is in the Limited Office zoning district. • The applicant is requesting an area variance of 127.8 square feet from the permitted 24 square feet to allow a total of 151.8 square feet of attached signs. • The variances are requested to allow three existing wall signs to remain. One sign, measuring 28.8 square feet, is on the west face of the building near the main entrance. The other two signs, measuring 28.8 and 94.2 square feet, are on the south face of the building. ' A compromise position that the Commission may wish to consider is approval of a variance of 33.6 square feet to allow a total of 57.6 square feet. This would aliow the AAA logo on the south wall of the building to remain. Reviewed by: Oriplnating Dopartm©nts Costs: Commission Action: Y? ,......+rr Legal ;>{, ::+tAj:>.:.:..•;,. ; r Cr?tM;i?Mriiftiifi?;:::°:>,:" N?A ? Approved Budget N1A S Total ? Approved wlConditione Purchasing ',:<>r$?..};tVl1`'.:' <":: User Department: Denied Risk Mgmt. : n` ..", lA r <': " "C 1#r(t?,l}fi?tii?ttlit?° Currant Fiscal Year 13 Continued to: IS :<s;?:hNIA`>`' ` >> Funding Source: ACM :Fs}} ?' "''%r%r'' ? Cspltallmprovement: CRT <:s^ ` Advartloed: ? operating °paia: ? Attachments: • : ' e 0th r: f :: +. { . ;: 5:..+....': :.:: is L$?: :. ..+:: :;F?ap!?r.,...:;ri:°°........:? .,.:...........:. A{spNttlYt'Iii? ?Wnltt 13 Not Required Appropriation Code Application Worksheet W ?. C -a, ? Affected Partioa. Maps r ® Notified ? None r ? Not Requi red C Printed an recycled paper SV 96-2a Page 2 The following table provides summary information regarding the signs: t r r`l.: n:..:. .r... S:F....:? rr.•:::}.. n? .. ..t:.. ?i': .. •: .. motion ::?. ':J': x1 ?.:...:.... ..:... ::..{.....:.,...:...:. .::......:.......:..... Type of signs Attached Yes Location/orientation of signs S. Main Ave. and Rainbow Dr. Yes Area 151.8 sq. ft. 24 sq. ft. Staff Comments/Analysis; Conditions do not support approval of the requested variance: • The variance is a substantial deviation from the code. It is more than six times the code allowance. • Many property owners and business owners have modified or removed signs to conform to the City's sign compliance program. To grant a variance of such extent would appear to introduce an element of inconsistency into the program. • The applicant is not denied a reasonable use of this property. Signs placed in conformance with the code will identify this use. Conditions do support approval of a 4,8 square foot variance to allow the existing 28.8 square foot sign to remain at the main entrance to the building: • The sign at the main entrance serves to identify the use and direct the public to the building entrance. • A 4.8 square foot variance is a relatively small departure from the code. It is a 20% deviation. • The 28,8 square foot sign at the main entrance will not detract from the appearance of this neighborhood or the City. ,....:.v:.•>:"J::?.'.::..,...::....-.:.....- rY.... ROU D NG LA IJ. t1S?S. ... Direction Existing Land Uses North Offices South Indoor retail East Post Office West Offices SV 96-25 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: ATTACHED SIGN AREA CA$E An©?ir~SS .................:.:...:.:. .:..:...:,..:: AME. :: VARIANCES`::;.. .: =?M ETIN ........ .:.......:........... .. ..:.. .........:..:. ... . . ::: ; ..: < REQUESTED/A"CTtON : ... .... :...... <... ...... . .. ,.... ,., ... .... , : ; . , SV 93-73 2200 Gulf to Bay Goodyear Auto 136 sq. ft./Denied 1119193 SV 93-37 20505 U.S. 19 Burdines 185/185 sq. ft./Denied 1124194 SV 94-35 2907 S.R. 590 Johnny's Italian 8 sq. ft./Approved 11/3/94 Restaurant SV 95-17 2495 Gulf to Bay Builder's Square 102.25 sq. ft./Approved 5/4/95 SV 95-39 24111 U.S. 19 Royal Pools 95.6 sq. ft./Denied 9/21/95 SV 95-40 2170 Gulf to Bay Albertson's 192.3 sq. ft./Denied 10/5/95 81.5 sq. ft./Approved SV 96-05 1501 N. Belcher Long Center 83.3 sq. ft./Approved 3/7/96 SV 96-06 400 Mandalay Doubletree Resort 155 sq. ft./Approved 3/21/96 Surfside SV 96-15 600 Bypass Drive Clearwater Professional 34 sq. ft./Approved 8/1/96 Center SV 96-12 3130 Gulf to Bay Speedway 62.5 sq. ft./Denied 8/15/96 Blvd. SV 96-16 1499 Gulf to Bay The Technology Team 66.66 sq. ft./Approved 9/5/96 Blvd. SV 96-25 Page 4 VARIANCE WORKSHEET - CASE NUMBER SV 96-25 STANDARDS FOR VARIANCE STAFF FINDINGS APPROVAL. J l) There are special circumstances Conditions do not support approval of the related to the particular physical requested variance: surroundings, shape or topographical o The variance is a substantial deviation conditions applicable to the land or from the code. It is more than six times buildings, and such circumstances are the code allowance. peculiar to such land or buildings and do not apply generally to the land or • Many property owners and business buildings in the applicable zoning owners have modified or removed signs to district. conform to the City's sign compliance program. To grant a variance of such extent would appear to introduce an element of inconsistency into the program. The is not denied a reasonable applicant use of this property. Signs placed in conformance with the code will identify this use. (2) The strict application of the The applicant is not denied a reasonable use provisions of the code would deprive of the land or buildings. Signs placed in the applicant of the reasonable use of the land or buildings. conformance with the code will identify this use. 13) The variance is not based The requested variance does not appear to exclusively upon the desire for economic or other material gain by the applicant or owner. satisfy this condition. (4) The granting of the variance will be The sign regulations were adopted with the In harmony with the general purpose intent of sing the visual quality of the and Intent of the land development City's streets and landscape in order to code and comprehensive plan and will protect the value of properties and the well- not be materially injurious to being of the tourist oriented economy. surrounding properties or otherwise The granting of this variance does not appear detrimental to the public welfare. to be consistent with this intent. CENTRAL PERMITTING DEPARTMENT 10 S. MISSOURI AVENUE CLEARWATER, FL 34616 SIGN VARIANCE APPLICATION 11 sva qos PROPERTY OWNER(S) NAME & ADDRESS: REPRESENTATIVE(S) (if any) NAME & ADDRESS: AAA Auto Club South, AKA St. Petersburg Motor Club Roland E. Brooks I AKA Peninsula Motor Club 1515 No. Westshore Blvd. ! 1515 No. Testshore_ Blvd. Pampa, FL 33607 Tampa, FL 33607T TELEPHONE:_,( 8131289-5000 TELEPHONE, 1813 )289-5040 ADDRESS OF SUBJECT PROPERTY: 2170 Rainbow Drive, Clearwater, FL NAME OF BUSINESS (IF APPLICABLE(: AAA Auto Club South ZONING DISTRICT: OL LAND USE CLASSIFICATION: R-0/G LAND AREA:84,400 sq. ft. LEGAL DESCRIPTION OF SUBJECT PROPERTY: Sec. 13-29-15, M & B 14.02 PARCEL NUMBER: 13 / 29 / 15 /00000 / 140 / 0200 (This information is available from your tax receipt or contact Pinellas Co. Property Appraiser's Office at 464-3207. If more than one parcel number, attach 8% x 11 inch sheet) DESCRIBE SURROUNDING USES OF PROPERTY: North: Offi ce South: Indoor Retail _,. East: Post Office West:0ffjCPr,__L ApartPlent:,; VARIANCE(S) REQUEST: A variance of 127.8 square feet to allow 151.8 square feet of attached si gna ge to remain CONTINUED ON REVERSE SIDE ;TANDAHus WHAPPHUVAL. N WINI1 OWU Shull IIu%uu VIui,1,.ti, u+ ...., .. esentod clearly support the following conclusions: 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 of buildings In the applicable zoning district because This e v i r.e office A members. It is a two story, 18, 8711 sq. ft. facility on the corner of Rainbow Drive & Main. The building w' The strict application of the provisions of the code would deprive the applicant of the reasonable use of the land or buildings because A majority of our AAA members are senior citizens. Their physical limitations require extra large presence. The trees planted in 1972 are quite large and block the view from many directions. Bright , colorful and prominent signage i?.rpguired, The variance is not based exclusively upon a desire for economic or other material gain by the applicant or owner because Economic gain is not an issue. The si na e i ne dP locating our facility. The granting of the variance will be in harmony with the general purpose and intent of the land development coda and comprehensive plan and will not be materially injurious to surrounding properties or otherwise detrimental to the public welfare because The building with the existing s i gnage has I ge.n at i s l ocatj on for 24 ygar-$, long before neighboring structures- were built_.Albertson`s, K Mart & buildings to the west and north were not there. A variance to leava existing signage as is should have no affect on surroundin ro erties. HIS SUBMISSION GIVES AN APPLICANT THE OPPORTUNITY TO REQUEST THE VARIANCE AND APPEAR BEFORE THE .ITY COMMISSION AT A PUBLIC HEARING. FEES PAID ARE NON-REFUNDABLE REGARDLESS OF BOARD ACTION. BY IGNING THIS DOCUMENT I AM ACKNOWLEDGING THAT ALL FEES PAID DO NOT GUARANTEE APPROVAL OF THIS APPLICATION. ,TURF OF PROPERTY OWNER (OR REPRESENTATIVE):. v ? ?- ____ _? '??.. (boiuds poohlon and nan-A of oompwW H worn to and subscribed before me this f day of ? ? ? .. •. A.D., 19 y - , who is personally known to me and/or has produced tary Public ? f • r. c ..r as identification. STATE OF FLORIDA, COUNTY OF -. l >! : ?. r.. -, •. Commission No. I(Name of Notary typed, printed or stamped) NCPNA ', •n,°h ?.'v: x, pj: Stale of Florlaa My wmn Exvros Oct 71,1997 NO, CC34919 NOTE: PROPERTY OWNER OR REPRESENTATIVE MUST ATTEND HEARING. THE ATTACHED PICTURES SHOW OUR ATTEMPTS TO MAKE THE BUILDING PLEASINGLY AESTHETIC AND BLEND IN WITH NEIGHBORHOOD. THE TREES PLANTED 'IN 1972, HAVE GROWN SIGNIFICANTLY IN THE PAST 24 YEARS, WE CHANGED THE MONUMEMENT SIGN ON THE CORNER FROM A PYLON SO SERIOUS TRIMMING COULD BE AVOIDED. AT THIS TIME APPROACHES TO THE BUILDING ARE ADEQUATELY SIGNED WITH THE EXCEPTION OF COMING FROM THE EAST. THE LAST PICTURE SHOWS SIGNAGE ON THE SOUTHSIDE OF THE BUILDING THRU THE ONLY BREAK IN THE TREES. MONUMENT SIGN VIEWED FROM RAINBOW DR. LOOKING WEST, ?`' jj?'???•?,'Y^.::.?,,r;y•?y??r?.t'.i.-....;i?; il?r;??X?;w;1ai?:?'Y£.«?•d:>` `r:. :r.''??., ???;?1';';r.•`.'..k.•rh': i.Y}fi'?u?&' rvIONUNIENT' SIGN GOING CASTON RAINBOW DR. AAA LOGO NEXT TO FRONT ENTRY, NOTE SIZE OF TREES. FRONT ENTRY LOGO. FRONT ENTRY VIEW FRONI MAIN ST. GOING NOR'1'II. NOTE. NIGNUh11:N'I' SIGN AND SIZE OFTREES. SOUTHSIDE OF BUILDING FROM RAINBOW DR. THE ONLY BREAK IN THE TREES ON THIS SIDE. W, T 1 ? 3 ? ' / 14/18 2! M,S2 p1 611. 2&M-142 SSE u4m 0 L a1. ?;? ??? asa-134 1 24 H L__1LL.J l _ ?J H ?F - G 25 0 E a 6 7 ? 11/1 C? 11 /i3 3 p 26 B ? U 4 11/11 B C 10 71 C 9 0 p i1/131 ? ? 11 Sod ? l._?._J 23 6 t? r r 13 roo r 7 g s 14 /,j 231 8 r }t02 29 30 t0 23/ 4 too 2 31 1 14/01 s 0 N 14/02 A 23/1 1 1 3 ° 33 32 17 P/S 23 J4 20 _ ?21 r 27 0 23/0 ? 16d < 6 4 5 12 AJ 23/0 SHORT ? SHORT ra e ? 3 ? ; 4 s0r 14/04 87-61 J0Q ? 23/1 R R i0a F.F.T.S. T LA ft 87-I7 304 a 7 6 x 'S A D. M ` O ?3 ? ? 2? i sa r 14/03 \ tI? 14/032 0 C-0 14/05 14/07 R r h ; ?r4 h n o 14/06 I 23/12 150 SIGN VARIANCE REQUEST NAME: AAA AUTQ CL!LB SOUTd / BROOKS SV # 96-25 PUBLIC HEARING DATE : NOVEMBER 7, 1996 ATLAS PAGE: 2898 SEC: JTWP: 22 S RGE: 1.!j E ' CLEARWATER CITY COMMISSION • Clearwater City Commission item #: w Agenda Cover Memorandum Meeting Date: SUBJECT: Variance to the Sign Regulations; 923 McMullen Booth Rd.; Kapok Pavilion, Inc. 1 Kapok Pavilion (Owner/Applicant); Pamela Keris (Representative). (SV 96-26) RECOMMENDATIONNOTION: Deny the following variances: (1) an area variance of 56 square feet from the permitted 64 square feet to allow a freestanding sign with an area of 120 square feet, and (2) a height variance of 5 feet to allow.a freestanding sign 25 feet high, on property identified as Sec. 9-29-16, M&B 31.01, together with Del Oro Gardens, Lots 33, 34, 35, 36, 44, 45, 46, 51 and part of 52, for failure to meet Sec. 45.24, Standards for Approval, items (1)-(4). © and that the aaoroariate officials be authorized to execute same. BACKGROUND: • This property is located on the east side of McMullen Booth Rd., north of Sari Bernadino St., and is in the General Commercial zoning district. • The applicant is requesting the following variances: (1) an area variance of 56 square feet from the permitted 64 square feet to allow a freestanding sign with an area of 120 square feet, and (2) a height variance of 5 feet to allow a freestanding sign 25 feet high. s Printed on recycled paper Reviewed by., Originating Reportmertt: Costs: Commission Action: Legal !:'-': ;'<"I?1A;`• ` `:. :.. Centre NIA. 13 Approved Budget >a =NlA<: `: , :' 5 Total ? Approved wlCondidons purchasing arttltent: Denied Risk Mgmt. Current Fiscal Year 13 Continued to: Is NIA:' . Funding Source: ACM ? Capital lmprovamenl: CRT Advertised: ? operating: Date.:: :: : :.. ....::. 13 Attachments: Qil?ar: ?j.Jtr paper: .. :;AAPticetlon Submitted ? Not Required Appropriation Code Application Worksheet by: L ? e Affected Parties: Maps © Notified © None C t onager ? Not Required SV 96-26 Page 2 The following table provides summary information regarding the proposed sign: . ::n.l [i• :.t,:l.:Y:>:.:. ':}Y?:.:j%!1. riY.:::rf,:.r::..::n':.{r<Y::i .:{i. r}:i;Y'i :::.}r:{r :. :.. vt. ...Y r.. .{. f..:, ... ... .. .. ..:. .... .. ,. .}. .r•. .:.o..: Infornnatton ....... .rr. /•. :.: ..:::.: .a..:: ,. .... .. is r:<'r'i ":':.C:':'>:i:: pro osed 4 :.:iyE:L:ir.C:;:: .. a Us" .C.L.o;3.{ ..<. : . .:::: F... •... Y:i,... rr::: is :......: ....:.. ......:..:i r.. . Y.: r>:. ..$:? . >: rm Type of signs Freestanding* Yes Location /orientation of signs McMullen Booth Rd. Yes Area 120 sq. ft. 64 sq. ft. Setback 5 ft. 5 ft. Height 25 ft. 20 ft. * It Is noteworthy that a second, or auxiliary, freestanding sign is allowed for this property because it has more than 500 feet of frontage on McMullen Booth Rd. The auxiliary sign may be 10 feet high with an area of 32 square feet. Staff Comments/Analysis: Conditions do not support approval of the requested variance: • McMullen Booth Rd. is relatively free of large, tall signs. It would serve the City well to maintain the roadway in this condition. • McMullen Booth Rd. is designated a scenic noncommercial corridor on the Countywide Future Land Use Plan. The specifies that the purpose of this designation is "to preserve and enhance those scenic characteristics that provide opportunities for open, natural vistas and visual relief from the monotony and clutter of the urban development pattern." • The variances are not minimal. The area variance is an 87% deviation from the code. The height variance is a 25% deviation. • The applicant is not denied a reasonable use of this property. Signs placed in conformance with the code will identify this use, just as conforming signs identify other uses throughout the City. ..c. :.'. :.. ..?' ... ..:. :. ..:.:. :$r:?:'; Y.. J tea: $.r.. '.,•:.L ?.. rY.tif; {{} URROUNI'?iN LAND .. : ,:: vd'"'7:.:•ny .... wYr,:n f:.!:., $. Y... .....ri.f <:..,, .: o-}.. f•.:: . ..... r .:.: ..: ..... .. .. :.. Direction Existing Land Uses, North Congregate care facility South Parking lot East Single family residential West Shopping center SV 96-26 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. FREESTANDING SIGN AREA ADDRESS - NAMI±<.:' .VARIANCES'REQUESTED/ACTION..::: ?.: ' MEETING`...... .... ...:...:.:.... SV 93-06 1621-1627 Gulf Connell`s Plaza 144 sq. ft. add'I to allow 208 sq. 9128193 to Bay Blvd. ft./Denied SV 93-18 1800 Gulf to Young's BBQ 39.5 sq. ft. add'i to allow 103.5 sq. 1119193 Bay ft./Denied SV 94-36 2218 Gulf to Mr. Submarine ! Mr. 94 sq. ft. add'I to allow 158 sq. 1113194 Bay Gyros ft./Denied SV 95-25 1625 N. Belcher Salvation Army 24 sq. ft. add'I to allow 72 sq. 5118195 Rd. Community Worship ft./Approved Center SV 95-30 1685 Gulf to Gulf to Bay Shopping 15 sq. ft. add'I to allow, 165 sq. 7120195 Bay Center ft./Denied SV 95-43 2650 Rustlewood 5.3 sq. ft. add'I to allow 29.3 sq, ft. 11/2/95 Countryside Condominium and 8.1 sq. ft. to allow 32.1 sq. Blvd. ft./App'd. SV 95-44 2545 N.E. Town Place Apartments 18 sq, ft. add'I to allow 42 sq. 11/16195 Coachman Rd. ft./App'd. SV 96-11 2320 Sunset Easy Pick 233 sq. ft. to allow 297 sq. 7118196 Point Rd. ft./Denied SV 96-26 Page 4 FREESTANDING SIGN HEIGHT ;CASE.:#:; ADDRESS...,--..::. :'..::: •:.:. NAME : ,.. : ...:.. VARfANCf=S REQUESTED/ACTION . MEETING' . ;: DATE SV 92-28 1290, 92, 94 Court Stewart Title 2 ft. add'I to allow 10 ft./Denied 12/17/92 St. SV 92-87 20865 U.S. 19 Public Storage 15.1 ft. add'I to allow 35.1 3125193 ft./Approved SV 92-05 20162 U.S. 19 Suneoast Inn 1 ft. add'I to allow 25 ft./Denied 517192 SV 93-18 1800 Gulf to Say Young's BBQ 5.33 ft. add'I to allow 25.33 1119193 ft./Denied SV 93-34 19400 U.S. 19 Kenyon Dodge 16.75 ft. add'I to aNow 36.75 1/24/94 ft./Denied SV 92-30 1266 Court St. Accurate 17.2 ft. add'I to allow 25.2 1/24/94 Automotive Repair ft./Denied 3.9 ft. add' I to allow 11, 9 ft./Approved SV 93-61 21227 U.S. 19 Cambridge Apts. 14 ft. add'I to allow 20 ft./Approved 1124194 SV 93-41 25778 U.S. 19 Forbidden City 12 ft. add'I to allow 32 ft./Denied 217/94 SV 93-72 23197 U.S. 19 The Golf Depot 8 ft. add'I to allow 28 ft./Denied 3/21194 SV 94-22 400 Island Way Clipper Cove 3.5 ft. add'I to allow 9.5 ft./Denied 8/4/94 Condominium 2.5 ft. add'I to allow 8.5 ft./Approved SV 94-16 1861 N. Highland Sunset Square 5 ft. add'I to allow 25 ft./Denied 9/15/94 Shopping Center 2 ft. add'l to allow 22 ft./Approved SV 94-33 20 Island Way Jesse's Flagship 1 ft. add'I to allow 21 ft./Approved 10/6/94 Restaurant SV 94-36 2218 Gulf to Bay Mr. Submarine / Mr. 7 ft. add'l to allow 27 ft./Denied 11 /3/94 Gyros SV 94-06 701 N. Hercules Clearwater 2.5 ft. add'! to allow 10.5 ft./Denied 11 /17/94 Professional Center SV 95-01 1835 N. Highland Shanghai Express 4.3 ft. add'I to allow 14.3 ft./Denied 1/19/95 SV 95-17 2495 Gulf to Bay Builder's Square 5 ft. add'I to allow 25 ft./Denied 5/4/95 SV 95-27 3060-3080 Imperial Pines 1.7 ft. add'I to allow 7.7 6115/95 Eastland Blvd. Condominium ft./Approved SV 95-33 2632 Enterprise Europa of 2.3 ft. and 2.8 ft. to allow 8.3 ft. 1015195 Countryside and 8.8 ft./Approved SV 96-26 Page 5 VARIANCE WORKSHEET - CASE NUMBER SV 96-26 STANDARDS FOR VARIANCE STAFF FINDINGS APPROVAL (1) There are special circumstances Conditions do not support approval of the related to the particular physical requested variances: surroundings, shape or topographical McMullen Booth Rd. is relatively free of • conditions applicable to the land or large, tall signs. It would serve the City buildings, and such circumstances are well to maintain the roadway in this peculiar to such land or buildings and condition. do not apply generally to the land or buildings in the applicable zoning • McMullen Booth Rd. is designated a district. scenic noncommercial corridor on the Countywide Future Land Use Plan. The specifies that the purpose of this designation is "to preserve and enhance those scenic characteristics that provide opportunities for open, natural vistas and visual relief from the monotony and clutter of the urban development pattern." • The variances are not minimal. The area variance is an 87% deviation from the code. The height variance is a 25% deviation. • The applicant is not denied a reasonable use of this property. Signs placed in conformance with the code will identify this use, just as conforming signs identify other uses throughout the City. (2) The strict application of the The applicant is not denied a reasonable use provisions of the code would deprive of the land or buildings. Signs placed in the applicant of the reasonable use of conformance with the code will identify this the land or buildings. use. (3) The variance is not based The requested variances do not appear to exclusively upon the desire for satisfy this condition. economic or other material gain by the applicant or owner. (4) The granting of the variance will be The sign regulations were adopted with the in harmony with the general purpose intent of enhancing the visual quality of the and Intent of the land development City's streets and landscape in order to code and comprehensive plan and will protect the value of properties and the well- not be materially injurious to being of the local tourist oriented economy. surrounding properties or otherwise The granting of these variances does not detrimental to the public welfare. appear to be consistent with this intent. sv# 96.26 CENTRAL PERMITTING DEPARTMENT 10 S. MISSOURI AVENUE CLEARWATER, FL 34616 SIGN VARIANCE APPLICATION PROPERTY OWNER(S) NAME & ADDRESS: REPRESENTATIVE(S) (if any) NAME & ADDRESS: TELEPHONE: a Aq a ADDRESS OF SUBJECT NAME OF BUSINESS (IF TELEPHONE: 196,3 - af? ?Q?;- ZONING DISTRICT: LAND USE CLASSIFICATION: LAND AREA: R5e L, LEGAL. DESCRIPTION 0 SUBJECT PROPERTY: _ Sec. og -,Z9 - db 4 B 3 i • 0l f -O(?Aer WA el ro G Gird 4s , Lots -33,34, 35 . , 44. 45, 40.61'04d P4r? OE"L PARCEL NUMBER: _Qq gD-g I. R/0 1 C'/CX? (This information is available from your tax receipt or contact Pinellas Co. Property Appraiser's Office at 484-3207. If more thart one parcel number, attach 834 x 11 inch sheet) DESCRIBE SURROUNDING USES OF PROPERTY: Zz , " North: ola?, d/22 South: !%,V/- X" /7? VARIANCE(S) REQUEST: Gl? East: West: CONTINUED ON REVERSE SIDE STANDARDS FOR APPROVAL: A variance shall not be granted by the City Commission unless the application end evidt,1ca presented clearly support the following conclusions: . 1) There are special circumstances related to the particular physical surroundings, shape or topographical conditions applicable to the land or buildings, and such circumstances are pecunar to such land or buildings and do not apply generally to the land or buildings in the applicable zoning district because 2] The strict application of the provisions of the code would deprive the applicant of the reasonable use of the lend or buildings because 31 The variance Is not based exclusively upon a desir ,for economic or other materiel gain by the applicant or owner because ;X C_ 1/1-r- ?,# "*Ir 't 4) The granting of the variance will be In hamnony with the general purpose and Intent of the land development code and comprehensive plan and will not be materially Injurious to,sjfrrounding properties or otherwise detrimental to the public welfare because THIS SUBMISSION GIVES AN APPLICANT THE OPPORTUNITY TO REQUEST THE VARIANCE AND APPEAR BEFORE THE CITY COMMISSION AT A PUBLIC HEARING. FEES PAID ARE NON-REFUNDABLE REGARDLESS OF BOARD ACTION. BY SIGNING THIS DOCUMENT I AM ACKNOWLEDGING THAT ALL FEES PAID DO NOT GUARANTEE APPROVAL OF THIS APPLICATION. SIGNATURE OF PROPERTY OWNER IOR REPRESFNTATIM:---/GG oc/Y?! /1??_ --- - -- tk%*Aa pooklon ?d n" of oomp" if apptiaobkl Sworn to and subscribed before me this day of A.D., 19_1!?_ by 0-5 KLe I S , who Is personally known to me and/or has produced ? . ? R . L c . d ab -6(01 -,5-q- ? a den ifi 7ti s?q? ATE OF FLORIDA, COUNTY OF Lrv. 1Z t ?a44`'LJ Commission No. IIc (Name of Notary typed, printed or stamped) JAN h'l S. h CNI A HAN Nolw PuU-, State d Fk-Wa y nKn. -xpi(mJuly25, 1998 f No. CC 355080 i [forded T1cv 3i(trt?i f^f?t+ry Orrdrr NOTE: PROPERTY OWNER OR REPRESENTATIVE M ATTEND HEARING. SIGN VARIANCE Variance Request: To increase the permitted square footage of the sign to be 120 square feet and to increase the sign's height by 5 feet. Standards for Approval: 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; ,a7 the Kape_o4. Pavilion has over 600 feet of street footage on a major thoroughfare, McMullen Booth Road. b7 Perhaps most important, directly in front of the buildings stands the extremely large Kapok Tree whose foliage severely impairs visibility of any sign. It is also worth noting that the Kapok Tree is, in and of itself, designated an histo=ric landmark and thus it cannot be cut back except under certain circumstances. & Additionally, thin property has outdoor gardens in front which means that the placement and visibility of the sign is extremely limited. d) the original building was built in 1956 and has been extensively added onto over the years which has left-the building with a footprint where the building is extended. can one side obscuring any view of a sign. There .is no other property in Clearwater like the Kapol, Pavilion and, was such, there are special Circumstances relating to the physical surroundings and topographical conditions which do not apply generally to other properties in the zoning district and we believe will not apply to any ether property located anywhere within the City of Clearwater. 2. The strict application of the provisions of the code would deprive the applicant of the.reasonable use of the land or buildings because the gardena'wand the extremely large kapok tree would prevent any sign within the coda standards from being at all useful as it is virtually impossible for a patron in a car to see the sign from McMullen Booth Road. Our current temporary sign meets all code requirements and we have had many patrons complain to us that they could not see our sign and therefore, missed our entrance which necessitated the patrons having to make a U--trun on McMullen Booth Road. h A sign smaller than the one we are requesting not only deprives the applicant of reasonable use r_,f the land but, in this rase, it would also create a traffic flow problem on a major street. Also, the entrance to the Kapok is in close proximity to the fast moving traffic coming off the 8ayside Bridge and if Sufficient signal is not approved traffic problems are likely. u 3. , The variance is not based exclusively Upon a desire for ac onomic or ether material g An by the applicant or cowner because of all the reasons set forth above. The Kapok is not trying to outdr, a ci-impetitor car have the most noticeable sign in the area but is merely attempting to attain a sign that would du what any sign is supposed to accomplish; to give sufficient notice to patrons of the business in time for them to see and turn into the l,apokl driveway. 4. The granting of the variance will be in harmc+ny with the general pUrpose and intent of the land development cede and comprehensive. plan and will not be materially in.jLtr is-euS to surrounding properties or otherwise detrimental tO the public= welfare because, pursuant to Section 44.51 (e) 1 and 2 the Kapok would be permitted to have one main freestanding sign,. together with one auxiliary freestanding sign and up to four attached signs. We believe that it would be more in harmony with the purpose and intent oif the land development code and comprehensive plan to have one main freestanding sign together with one smaller auxiliary r_+r one attached sign rather than having a total of six signs of various sizes and placements all around the property. We also believe that the surrounding properties would find cne or two signs to be more aesthetically pleasing rather than having sip; signs con the Kapok property. Finally, we will submit photographs which will show that our current sign, which meets all code requirements, is working a hardship on the Kapi::Pk Pavilion because it cannot even be seen from the beginning edge cif our own property 1 ine. In fact our sign cannot be read until a automobile is approximately 15 to 20 feet frl--,m the sign. lz TI-IIS SPACE BETWEEN PANELS MU BE ELIMINA'T'ED PAT r: 9116/96 an n ?C[ . 3/ao - r at D/F POLL _4(;W. 25 040T NZr b 8 COLOR-5 Ab PAR ARTAvOwc SWns It AdwrU3lrV 5 R.OA/b OF ZP TPAC4 WFrJJ Largo, f rmlda 60 Ci-lMg.ARLc. COPY (8 I31630.MS TOTAL 120 60. FT. . V . , ?. , f •.. • { i ; S. i. •a,1??t. ?.? ? • lJ ti it +?+} ,. ; .Y ? ., , . , . ? ' ? j? '- • t ti.. !~ryr1:'? ' k'' e• •riYz `'31,? ?e,ll?ra3'{?,(•, •??. •' t• f s ?. Z ' . ? :' : ' ? 'J?.?,? ? ? `?' ;?. ?-;l lr 11'' w ?? ...i •` rj .i ' i'S,. . t • ?• >, ?' riL ? r •S' i "-?,+- 'ice i ?f'? ''. +"' ?'..?'4... '?• A?l,.+s;y•'?. '?'' r??? ? ? i 41. a e' rr I•w;fat •f'•?? •••l??' '•j i•'!? r. ?•.• ?) ?'I?'1'? 1 .».5:??fil'rt•? ,'*,Y• yr. ,cvi~r .r11? .00 >rv I.•.r?` :+'Ji Lu C) ???_- \ ; '' J f fit { •*14, e :i) . fr1, ' i. r • ,,MCI • {I••? M1 4 ? ••?• ' '' a C1••?i` Ac, 1 ? ! did ty - •? ••_ ? ,,? .?2 ? ? ?'..'?,' Q II W ?? ? ? ? '? 'I t?' ?• r II ,{ 1 y kQ ivy/ ;dt re `' ??' n X 32 31 30 9 28 27 26 25 17 fa 19 20 21 22 23 24 ae taony / - OK rs a I L a Q) OW WON K7rewm- OV '09 W)POIN Oft ?«•. .,_ ? •cs spcvo a 'SSY f7x»?CM w '1tY rauur4 'MV OwY1Ch xrxwH tars 5 y6r sea sJN 9'SY ?S1r17K1H' YJY1 AuN SYIWM a I rwm. ON 3pql2x va Tsrl >e ?? 1.LZk MW wtomin ?4r el nvwAn O s^ 7? p 7Rr "Ma`arH 'iJrr a c 711 c? ?10 .,,rte 90 ., -? o y?r arna+JJn .P 0 ORDINANCE NO. 6084-96 ? 1 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE BUILDING AND DEVELOPMENT REGULATIONS; AMENDING APPENDIX A SCHEDULE OF FEES, RATES AND CHARGES RELATING TO SECTION 47.083(4); PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Sect n 1. Appendix A, Schedule of fees, Rates and Charges, Code of Ordinances, are amended to read: APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES V. BUILDINGS AND BUILDING REGULATIONS Permit fees and charges (1) Permit fees and charges, In general; exceptions: (a) Permits are generally not required for carpeting, painting, wallpapering, tile, paneling over existing walls, and #IGGr- the nor where the valuation of labor, materials, and all other items does not exceed $500.00 and the work or operation is of casual, minor, Inconsequential nature, and does not violate any city codes or ordinances, or is exempt pursuant to Chapter 75-489, Laws of Florida (Special Acts), Section 25. (b) Valuation for all new construction of "ddklons shall be based on the contract value. The current Southem Building Code Congress International's valuation tables May be used if no contract Is submitted with the permit apcileaf Ion.49her-permits-shall-be-based onset tfad-valve.- The buHdin"ftrsiat4ray-request--?y4g-signed-sontract-i# the-vaiu"r-asented-does-f}o"ppear-IG4)?e ln-tine-e4her*efmiis-ef=llkawork. (c) Where no permit fee Is stated, the same shall not be interpreted as an Intention to waive any requirement for a permit or fees for a oermil that may be stated elsewhere in the city's Code of Ordinances. (d) DemoI tie" mr+its-s#ail-be Issued-at-the tee-set-fodh4A-tire-fee-schedule:- 4owewF, nG4ee-shall -tl e- rlldtng-or-stmstare-has beefy deslgrad a-#}award-ts-pubiis sa#$ty wet#ara be r-e4Wired when by4he-ImAldin"Ifiic4al; Lde)Pdor to starting any electrical, gas, plumbing, mechanical, roofing, or other work under a combination permit, the contractor or the subcontractor engaged to do the work shall file with the Central Permitting _Qepa men the-buliding-sepAcces-d+`*IGA a form showing the name and certification number of the subcontractor delWhe-wort`, the subcontractor's-leaFwater-license numbepor-occupational license number, the number-u he combination permit number, the job address whef94he-w©rk4s4o-be-done, and other related information as may be required by the Central Permitting Department #%-building-services-divlsdon. Failure to file such form or provide such Information shall be just cause for the refusal of inspection services, and the issuance of a correction notice with; and4he-assessment-of-the-appropriate fee. (2) Fee schedule. In the case of reviews, Inspections and similar activities associated with building and related codes not requiring a combination permit, the following schedule of fees shall apply: (a) Plan-raview-fees a .--Building-permh-fee-estimale,. .... .... ........................... ...................................................... ... ?? r 2-6easuitaliv clal-tea; per-hour6 ................................................................ 50 00 (ab) Plans examination fee: 1. Multifamily and commercial,. base on construction valuation of: B, $1100,000.0Q or less ..U... Pius, per 11.000.00 Q( value or ffactton thereof ?, 1. , 3.00 b, Greater than 10,000,00 but not exceeding_500.000. 00. ..,:. 310,00 Plus, per $1,000.00 of valueor fraction thereof ......................................... .2,00 c. Greater than 500.000.00 but not exceeding 1,000,000.00 ....... ....... ,?.....?,.,... 1140.00 Plus, per $1,000.00 of value or fraction thereof ....................... .................. .1.50 d Greater than 1_000.000,00 1890.00 lus er $1.000.00 of value or frac ion thereof . ... .. ............ ... 1.00 a. $ 5Q-0O9):-0A-c3Ness ...............................................................................................12 50 Plus. PeF , 00.0"?tt "aloe-OF- TarAIG04hereof ...................................................... ?1 Af1 b.--G+?eateF lhaa450;A9Q-AO.4u"at-exssed1ng42,q "0 . ................................... 58 1439-8Ff Fa CAGH-14#6r$U'-iR-eXG666-0f 45A; 90 . s - - GroateFthan426"00.00:-but-aot-ex-Ge"n9450.0;.00" ................................. 16 W ,88.08-4f-vat rastic3 xsess af-$2 , d-F,feat8r-t#ai3-$588;888 $8; felt-r39t-exs6e?#l -$a58;88A An _ 662M taus p6P4", WO of vat4fe-x-(mdion-thefecf-in axless-of$250,00 v.00 .............. e. GFea!eFthann--$?"??9i-gr9aw....... ... --- _x'462 ??S Pturn-pef aloe-ox-ffac 1on4hef9of-ire-excess-of$?€i08;00Q t38 ............. .00 2. One- or two-family residential ro ects,-buildiAg,-p6f-buiidiag ............................ 15.007-6- Plus, per ;1.000.00 of value or fraction thereof. 1.00 3: FGF Fnul4le4dentioal4nie4amit"F4wo4a4eily-bu4dings4o4he-6ame-pre}est: a-Ftbuildi ..................-................ 76 b. Sa additional bu Idin^ - 250' 4. Zealn"aF FBVISW fGF- --aew one-4nd-two-fami4-, oddltiGR&7mmade11ng;-of-a" Fnult1fam#y4PcGmmersia1-slfacteFes, pef-appllsatf$n .................................................. 2 0 5. Flood-gene-feviev,-forstmrAufea-iosated-ln4kmxl zGnesA-ef--per-application--::: 5:80 G7 ThMShOld 6#FUCAUFeGrper-614UGtUF8 ............................................................................. 50"00 (_bG) Plan amendments., Residential, multifamily and cornmerclal prolects: 1. RC?hangetolpermitted plans, per hour ........................................................................... 50.00 tYlfTYiff3ftt'tee ...................... ........................................................................................ 60 - .00 2. Duplicate permit placards, each ........................................................................ 15.00 25:00 3. Change of contractor, per contractor ........................................................................... 25.00 Review replacement plans, ger hour... -_T . 50.00 5. Field reviewed plan amendment ................................................... .25.00 Lcd) Certificates of occupancy: 1. One- or two-family dwelling, per unit ...........................................................................10.00 2. Multifamily and commercial, per application ............................................................... 25.00 3. Conditional certificate of occupancy, per condition ............................................ 30.00 25:08 4. Replacement or additional copy except-one-err two-€amiiy-dweliin :90 a. One or two-family dwelling. 10.00 b. Multifamily and commercial .................................................................................. 25.00 (de) Special inspections: 1. Change of use or certificate of occupancy ins ection-14R84rispections per trade35.00-30:00 Maximum fee .................................................................................................... 20.00 60:00 2. After hours ,gr weekends, per hour, per inspection ....................................................... 50.00 Wrnlmum fee, per Inspection .....................................................................................100.00 (gf) Refunds: 1. Permits under $49,00 ;34:80, unless Issued In error by city ................................. No refund 2. Work has commenced, or permit is over 90 days old ........................................... No refund 3. All other permits ................................................................. Refund of fee paid, less $40.00 $30494 r-ene-half4he4ee wta1sl4eveNs-gfeatW tG4*4etaif??11404ty (tg) Permit fees: 1. Per structure, base on construction valuation of: a 100 000.00 or less. 30.00 Plus per 11,000.00 of value or fraction thereof ..................................................... 6.00 b. Greater than 100 000.00 but not exceeding 500 000.00 ...................................... 630.00 lus er 000.00 of value or fraction thereof .................................................... 5.00 c. Greater than_500,000.00 but not_exceedinc_1.000.000.00................................. „_. ., 2630.00 Plus, per $1,000.00 of value or fraction thereof ............................ ..................... ..... 3.00 d. Greater than 1,000,000.00 .-- -...--.4130.00 Plus per 11,000.00 of value or fraction thereof ,1.00 a- $50,000.00 OF less ................................................................................................ 25 9 Rios; -per- ! ,QQQ.Q8-s€ alua?Ftfastlaa tt ..................................................... 8 b-.-Gmat"an-$50,000.00. but not exseed+n ,004:8 ................................... 325-.00 Rla , lu"f-frastlorAbefeof ire-oxsesrs-af,$58, 0 .^^ .................5v^ &- GmaleFthw42 g, 90 -bat-ni3t e?cs6adilag-$;?09;8I)0-0v..... ... "32.5:88 Pass, or-thereof in-ex6ess-e(,W4504, N)9 9 d?--4mtef than $554;04"04U -net-axceedirrg-S74", 0" ............................... 232 0 Pau , 00.00 kH -?tlsr# heraef4n excess-ef-$ 2., 9 A9-0r-or8ater ............................................................... 30.6 n., . value-G"fastlef4#ereef-i"xce6s-af-$769 , 2. This fee applies to ati the4all$wifvg types of permits, with an additional costs of $30.00 per trade or.permit tvge for as noted. cGombinatlon permits. Exception: No additional fees for swimming pools. -&ubtrade"fwo1ve-aW"6t Of-the-fc?ilawifig bultdipff eleslfls; Qlilff blog; ff4e£4}af WA, FA9flog?-and-$ao: t3ullding-en#y Elestris only Mesha-lsat (may-reautw-e Iflq) Gas4niy ROO -ofq AkrMm fn-stru4uFe?equlfe-ele-fioal) Abov eg reund 4uet-tanks Asbestos-aWerneA GafW6 Bav#ts.-(May-requlfe kKArical) Desks Beskr,4may+equire-ele,rAdc, #; Driveways PWrfo"ght-0f-w y-POFMlt .....................-c................................................-.. v5-0d F49-alarfns r4Fe supWesGlon-systems fngFound-swimming-pools?soFequire-eiec ical-and-piumbinO Lawf"pdnktem Padtdng4ots ReFnareiting Sate Re-dish (fn y "uir"eGtflcaq Seawalls Seeu4y-a18rrfIs Sidin?sc?#ita?ac#-#asGia . ? n s-{may-req u f ce-el est rtcay Sheds Selar-heaters-a?d*ane% Spas4atre- ire&4kw dGai and-ptu-FAbing) Undergmuel-tanks,-(famevat;-feptaoemeat-ef4iew4nstaiiattsn) Nails-(pOyaGy arld-reta#aing) (gh) Miscellaneous permits: 1. Mobile home, mobile office, construction trailer, sales trailer, etc. a. Building permit (tiedown and site placement) ............................................... 35.00-30.08 b. Electrical permit ......................................................................................... 35.00-W-W c. Gas permit ................................................................................................ 35.00 30.00 . d. Plumbing permit ......................................................................................... 35.00-30:08 e. Mechanical permit ...................................................................................... 35.00-30.00 2. Temporary power pole, not in conjunction with combination permit ................... 35.00 30.00 3. Tent permit (may require electric) ..................................................................... 35.00 30:08 4. Demolition permit ............................................................................................. .......... 50.00 Plus, per square foot in excess of 1,000 square feet ......................................... ............0.05 S. House move: a. Application ................................................................................................ 50.00 4049 b. Preinspection .............................................................................................. ..........50.00 Plus, per mile outside city ........................................................................... ............ 0.30 c. Remodeling permit, for setting house on lot, see sub para-graph (2) (f) permit-Lee ?? . per-?ieiatier?: 009 00 or 866 9 -25. ........ I ....... ........................... ..... ................................ ( - : - P4us;-Per$t;cO0:894€"u"F4actien-#hefeg ............................ .......... ............ . (#t) - FeateFth8n_S0;008:00;-but-noI exceeding-i250;808:0x..................... ........ 025.00 Plus, PeF ,888-08-af-value-Wrac4ic"herea(4n-excess of-C00 ..... ............ . ?tlt;-?reate?-than-S t ;aact Oc t-nit-exeeedin? a,-0? . .................. ..... . 0 Plu , , 0040-oWalue-or4ractlon4herBo"A-excesrrof-$350-,0 . ... ............ . OY) Greatef-thaw4509:00U,4aut-not-exweding-$750,-300:0 ........................ q 1215" ..... Rius; per S4;0Q0 0Ct uf-valu"f4fastlo"beFaGf4n-exses"M48;M :^^ ... ............'.nn reatef-:-........... .......................................... ......... ..... a.4754)0 P4US pef-?r1;080:(3(1-aNraiue-ef-ffactiQn-t#?ereof-ln-excess of?7?50;000-00.......- r.t•2-00 4 6. Swimming pool permit, aboveground pool (for all Work_In_yolved) ...................... 9-.0040--m Recttf atac -of-elect cal sepvi - .............. ?n nn L oni veri a I letter, Per letter .. ........................................ 10 00 Protect Egsearch. per r (not to exceed 1 ht ours without cam issio a rove 25.00 (1) Building f c 1 May ssess s ecia ees er written poligy for Spwai fees: 1. Work not ready for inspection (reinspection fee): a. First occurrence .......................... .......................................................... 30.00 26-.0 b. Second or subsequent occurrence ............................................................. 75.00 60:40 2. Follow up on permit: a. Failure to request Inspections ............................................................ 50% of permit fee b. Minimum fee ............................................................................................. 35.00 30-40 3. After-the-fact permit: a. First occurrence ................................................................................... Triple permit fee b. Second or subsequent occurrence by the same contractor, any job site in city ........................................................................................10 times permit fee 4 ilia service fee for notice of commencement (this is in addition to county clerk's charges) .... .15.00 (3) As used in ft s these fee schedules, "combination permit" means a permit for construction privileges, conditions and restrictions for two or mare trades or ermit t es eia-Wilding-pefmit; ekKMicaE-pemi#?as-pe its-plumbing-€3a it;-mashanicai permit; acct-Feaf-permit-ar- Me cenabieaficfa-t#areof), for which proper approval has been granted by the city and for which proper fees have been paid. Filing fees for appeals. ,A%I-applicaUen4onan-appeal4o4be-constRrctioalflasd-bGai4-of a slmen"nd a he-eky-sommissign-a&ixo ridect-fer-ln-ct?ap4er 47--shall be filed-with4he baildi+?g-e€f3ciai?ccempaWed-by-a-filing4ae-as fellows: (1) Appeal to the construction/flood board of adjustment and appeals ............................................125.00 (2) Appeal to the city manager ......................................................................................................... 50.00 (3) Appeal to the city commission ........................................................................................50.00 4"0 Section 2. This ordinance shall take effect on _ 1996. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED October 17, 1996 Rita Garvey, Mayor-Commissioner Approved as to form and Attest legal sufficiency: . xt-tz." 91-6w-' Leslie Dougall-S" Assistant City Attorney Cynthia E. Goudeau, City Cleric 5 FEE COMPARISONS CASE Office remodeling - Permit number 96010607 $2487 valuation of work Building and electrical work Current Proposed Combination $ 98.00 $103.00 Plan exam $ 46.50 $49.00 Total $ 144.50 $152.00 CASE 2 Office remodeling- Permit number 96010084 $100,000 valuation of work Building, electrical, and mechanical work Current Proposed Combination $ 660.00 $715.00 Plan exam $ 312.50 $340.00 Total $ 972.50 $1,055.00 CASE 3 Office remodeling - Permit number 96010013 $25,500 valuation of work Building and electrical work Current Proposed Combination $ 236.00 $241.00 Plan exam $ 115.50 $118.00 Total $ 351.50 $359.00 CASE 4 Office remodeling - Permit number 96010560 $5,000 valuation of work Building, electrical, and plumbing work Current Proposed Combination $. 115.00 $120.00 Plan exam $ 52.50 $55.00 Total $ 147.50 $175.00 fee compare Page 1 Cost Increase 5% 5% 5% Cost Increase 8% 9% 8% Cost Increase 2% 2% 2% Cost Increase 4% 5% 4% 9123196 FEE COMPARISONS CASE b Mechanical - Permit number 96010568 $3475 valuation of work Mechanical work Current Proposed Combination $ 49.00 $54.00 Plan exam NIA NIA Total $ 49.00. $54.00 CASE 6 Plumbing - Permit number 96010550 $750 valuation of work Plumbing work Current Proposed Combination $ 31.00 $36.00 Plan exam NIA NIA Total $ 31.00 $36.00 CASE 7 Townhouse - Permit number 96020422 $64,282 valuation of work Building, electrical, plumbing, mechanical, and roof work Current Proposed Combination $ 555.00 $550.00 Plan exam $ 75.40 $60.00 Total $ 630.00 $630.00 CASE 8 Swimming Pool - Permit number 96010635 $14,344 valuation of work Swimming Pool Current Proposed Combination $ 175,00 $120.00 Plan exam $ $30.00 Total $ .175.00 $150.00 Cost Increase 10% N/A 10% Cost Increase 16% NIA 16% Cost Increase -1% 7% 0% Cost Increase -31% -14% ,o fee compare Page 2 9123196 FEE COMPARISONS CASE 9 Roofing - Permit number 96010604 $3,500 valuation of work Roof work Cost Current Proposed Increase Combination $ 49.00 $54.00 10% Plan exam NIA NIA NIA Total $ 49.00 $54.00 10% CASE 10 New Singfe Family - Permit number 96010675 $146,642 valuation of work Building, electrical, plumbing, mechanical, and roof work ' Cost Current Proposed Increase Combination $ 990.00 $995.00 1% ' Plan exam $ 75.00 $162.00 116% Total $1,065.00 $1,157.00 9% CASE 11 Remodel e)dsting house - Permit number 96030080 $5,250 valuation 'of work Building, electrical, and roof work Cost Current Proposed Increase Combination $ 121.00 $126.00 4% Plan exam $ - $21.00 Total $ 121.00 $147.00 21% CASE 12 Remodel e)dsting house - Permit number 96030180 $47,604 valuation of work Building, electrical, plumbing, mechanical, and roof work Cost Current Proposed Increase Combination $ 43100 $438.00 1% Plan exam $ - $63,00 Total $ 433,00 $501.00 16% fee compare Page 3 9123195 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED AT THE INTERSECTION OF HERCULES AVENUE AND SUNSET POINT ROAD, CONSISTING OF LOT 2 AND THE SOUTH 160 FEET OF LOT 1, SUNSET OAKS; TOGETHER WITH A PORTION OF LOT I PINELLAS GROVES, SW 113 OF SECTION 1, TOWNSHIP 29S, RANGE 15E; TOGETHER WITH M&B 13-02 LYING IN SECTION 1, TOWNSHIP 29S, RANGE 15E; FROM NEIGHBORHOOD COMMERCIAL TO GENERAL COMMERCIAL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section-l. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: See Exhibit A attached. From: Neighborhood Commercial - (CN) (Z9fi-11) To: General Commercial - (CG) radon 2. The Central Permitting Director is directed to revise the zoning atlas of the City In accordance with the foregoing amendment. Section 3, This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING October 17, 1996 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficlency: 42-g? .2 V Leslie K. Dougal -Sld sst. City Attorney Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk Ordinance No. 1094•99 a ? LEGAL DESCRIPTION The South 160 feet of Lot 1, all Lot 2, Sunset Oaks, as recorded in Plat Book 89, Page 1 of the public records of Pinellas County, Florida. Together with a portion of Lot 1, Pinellas Groves, as recorded in Plat Book 3, Page 15, of the public records of Pinellas County, Florida, described as follows; Commence at the Northeast comer of the Northeast 114 of,the Southwest 114, also known as the center point of Section 1, Township 29 South, Range 15 East, Pinellas County, Florida; thence S 00°17'47" E, 270.0 feet; thence N 89°06'54" W, 50.00 feet to the Point of Beginning; thence N 89006'54" W. 287.47 feet; thence N 00°16'32" W, 220.00 feet; thence S 89°06'54' E, 287.35 feet; thence S 00°17'47" E, 220.00 feet to the Point of Beginning, less that portion conveyed to Pinellas County as right-of-way. Together with the West 193.0 feet of the South 270.00 feet of the South 112 of the West 112 of the Southwest 114 of the Northeast 114, of Section 1, Township 29 South, Range 15 East, less existing rights-of-way. EXHIBIT A QYdinaaCe No, 9094.99 L-1 L 81 64 21011:t3I180,1n174 17 70 1 AM 0"1$J 1t3 M n FRANK TACK PARK '0 t (( tJ „ 11 1ti M »0" ` stit 1x11 tl w*e 38 E Miy 7t 'W" 04 + 3 100 74 7nol S / R /O1 21 13 1• fa toy % 8 ia9 ' D on sra v ,1 f< 11J ?' 10 114 1 sub4in q 0AW rNl +? ? 1 „u zyU1 r ' . fit us 11• ? rw •? %,-N o 124, 122 CL 1 ? = h 13/0 L w iri 7i uJ x? t ? ,w " M AW T WNW FM - T : R . C2 01 1-4 co s PROPOSED REZONING NORTH HERCULES AVE. AT SUNSET POINT ROAD OWNER: ADDRESS: Multiple/City of Clearwater PROPERTY QESCRIPTION: Lot 2 and the South 160 ft. of Lot 1, Sunset Oaks; together with a portion of Lot 1 Pinellas Groves SW; together with M & B 13.02 lying in Section 1-29.15. [AND USE PLAN ,ZQNINg FROM: Commercial General CN TO: Commercial General CG ACRES: 3.56 M.O.L. ATLAS PAGE: 253 A SEC: 01 TWP: 29 S RGE: 15 E •v.v tv' s:...'n'..'. i..: '.+?p•.. •...?? plANNlNCANt? TONING BOARD:".0•ctober•9 ,C1. '0 Ordinance No. 6094-96 ¦ ?3 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ADJACENT TO THE CITY COUNTRYSIDE COMMUNITY PARK, CONSISTING OF A PORTION OF M&S 22-02, LYING IN SECTION 29, TOWNSHIP 28S, RANGE 16E, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law In connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See Exhibit B attached. (A95-26) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Central Permitting Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING October 17, 1996 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: Leslie K. Dougall-Sides Assistant City Attorney Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordtnance No. 6496.96 49 EXHIBIT "P : ?',:.e,- '?'• ?'1r+ ?L:'' •311:, ` ; r •r?#'S'I,?irMZ? ?"•?1?•1. r1 is a ? r _. vp _..i....... 'n 177 t? I r77 1'1 1T7 „y Yf 04 t'? ,t1 •. 37! 1'1 1st .,Il 1 w +74 ?Sry 7r vs rr3 srs {p •u t1s to 70 rn sa m Am 3 ' ' 170 1!/ fa H J41 36r 472 /Tr flap tai 107 4 X47 344 341 674 477 •? f? t.s . to su Su {rl {7i +7s 1 r, t64 ,u : tA! SN 341 472 its k7 SCt 470 a^ ?• +. ' r N r:A 211 W S.V r31 440 ?? 'r37 11 •357 - x1 337 ae1 .p ~+• '' ??.;:.'?' • t H {di Sr• f.'y,3 !7? 337 'Mr qt '.?? ?! '?• ~•? •..T .SIT. ?-0? 351 A-Ed• Htf CLUD"0ust OR S. i r?e,T! Aj E 3 OF NTIi ? 61 D 5D s IT 751.90 OS/R C I T T 0 w N E 0 PARK PROPERTY 17p?-rr55 ?>OS-I+4S J :1,f [ G ;t, 4 ? '/wr t .?'}• ¦???'?Ct tl. •`' i7r? r ` •• .iNl /Jr, .i •?`-?{?T: ? '?I ?; 'r, .'f•:'il,? ;•? J?'fr.?, ' ?'i ?!+ r'.. ?1_?, i Jt ;?? .ri:r1 •F !?• ?, ,?r.;„•. 1?- ? /'?>JI1 ..? . .44- v •,S - f 717 '' ;,j . `. •1 , 444 113, tL_ wry •r _ 44 t IJA .rr 'q? : :13i•- 7 3.¦/ UO :a .i .., . irr nw?7s ' u S 1?1 IM ?7! !30' S: 331 {S) ..--, t r ? t 337 ? sss a4 :tu ' ,-?-- LL I sir ix _ 5?a ti+5 F F srt err 77- f11 G33 'S S YIl t30 Jul Sit F? 17f • -- { ?J b 1 1 j?' I t,•l n7 e7s !ti ?i K?' °,. ?7-ts PROPOSED ANNEXATION AND ZONING OWNER: Florida Power A. 96.2B PROPERTY DESCRIPTION: A portion of M & S 22.02, lying in section 29-28.1 fi LAND USE PLAN ZONING COUNTY: Transportation Utility AE CITY: Transportation Utility P/SP ACRES: 3.34 f RIGHT-of-WAY: ACRES: ATLAS PAGE: 211 A SEC: 29 TWP.- 28 S RGE: 16 E PLANNING AND ZONING BOARD October 1, 19961 CITY COMMISSION October 17, 1996 n,. .......... T_ a3 LEGAL DESCRIPTION Commence at the Northwest Comer of Section 29, Township 28 South, Range 16 East; thence N. 89°45'34" E, 208,00 feet along North line of said Section 29; thence S 00°0206 W, 595.80 feet, along the East line of a Florida Power Corporation Right-of-Way to the Point of Beginning; thence S. 00°02'06" W, 955.00 feet along said Florida Power Corporation Right-of-Way line; thence N 90°00'00" W, 175.00 feet to a point on a line lying 33.00 feet East of and parallel to the forty acre line; thence N 00°02'06" E, 955.00 feet along said line and the West line of a 175.00 foot wide Florida Power Corporation Right-of-Way, thence S 90°00'00" E, 175.00 feet to the Point of Beginning. EXHIBIT B Ordinance No. 6096.96 ORDINANCE NO._ 6097M ;? V AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ADJACENT TO THE CITY COUNTRYSIDE COMMUNITY PARK, CONSISTING OF PORTION OF M&B 22-02, LYING IN SECTION 29, TOWNSHIP 28S, RANGE 16E, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS PUBLIC/SEMI-PUBLIC (P/SP); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: See Exhibit A attached. (A96-26) P/SP - Public/Semi-Public ion 2. The Central Permitting Director is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. ae r ion 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 6096-96. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Approved as to form and legal ufficiency: Leslie K. Dougall- ide Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Document No. 6087.46 ., ?y LEGAL DESCRIPTION Commence at the Northwest Comer of Section 29, Township 28 South, Range 16 East; thence N. 89"45'34" E, 208.00 feet along North line of said Section 29; thence S 00°02'06" W. 595.80 feet, along the East line of a Florida Power Corporation Right-of-Way to the Point of Beginning; thence S. 00°02'06" W, 955.00 feet along said Florida Power Corporation Right-of-Way line; thence N 90°00'00 W, 175.00 feet to a point on a line lying 33.00 feet East of and parallel to the forty acre line; thence N 00°02'06" E, 955.00 feet along said line and the West line of a 175.00 foot wide Florida Power Corporation Right-of-Way, thence S 90°00'00' E, 175.00 feet to the Point of Beginning. EXHIBIT A t 1 { ?r h ?..fuh ?lY .l 'J!r '1. 4, GREH?i2.E rwSE COCNAc PNA5E WESzCHES?IZ Lr1 `Y ? r r PROPOSED ANNEXATION AND ZONING OWNER: Florida Power A: 96-26 PROPERTY DESCRIPTION: A portion of M & B 22.02, lying in section 29-28.16 LAND USE PLAN ZONING COUNTY: Transportation Utility AE CITY: Transportation Utility P/SP ACRES: 3.84 RIGHT-of-WAY: ACRES: ATLAS PAGE: 211 A SEC: 29 TWP: 28 S RGE: 16 E PLANNING AND ZONING BOARD October 1, 1996 CITY COMMISSION October 17, 1996 Ordinance no. buy/-9b AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO OCCUPATIONAL LICENSE TAXES; AMENDING CHAPTER 29, TAXATION AND OTHER FEES, ARTICLE il. OCCUPATIONAL LICENSE TAX, SECTIONS 29.24, 29.27, 29.30, 29.31, OF THE CITY CODE OF ORDINANCES BY ADDING A NEW SECTION ON BACKGROUND CHECK REQUIREMENTS; AND MAKING MINOR GRAMMATICAL CHANGES; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: qEs Section 1. Sections 29.24, 29.27, 29.30, 29.31, Article li. Occupational License Tax, Code of Ordinances, are amended to read: Sec. 29.24. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accessory use means a merchant use which is clearly subordinate to the principal business use, is owned by the same business owner, and has a cost value of merchandise of $500.00 or less. The cost value of the merchandise shall be governed by sections 29.45 and 29.54 of this article. Sec. 29.27 Reserved. Sec. 29.30 License required. (1) Any person who maintains a permanent business location or branch office within the city to manage a profession, business or occupation shall first obtain a city license and pay the appropriate fee as prescribed I Appendix A of this Code. Such license shall be signed by the director of central permitting and shall have the city seal affixed. Ordinance No. 6101-96 as (3) Any person who does not maintain a permanent business location or branch office within the city but who desires to transact a-business Af within the city shall register with the city manager the license of that municipality or other governmental subdivision In which they maintain a permanent business location, or if no license is rQquired by the other municipality, a registration of the bugil3e shall be required. unless otherwise provided by this article. Such registration shall be accomplished prior to the commencement of the business, shall be subject to a registration fee as prescribed in appendix A to this Code and shall be valid, from the date of issuance to the next succeeding October 9. Sec. 29.31 Issuance requirements for new businesses. (1)-A N@ license shall be issued pursuant to this article for any new business, occupation or profession when all applicable conditions are satisfied. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING October 17, 1995 PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey, Mayor-Commissioner Approved as to form and legal sufficiency: Attest: l ?• 1 Leslie Dougall-$fdes, Asst. City Attorney Cynthia E. Goudeau, City Clerk 2 DIWINANCH No. 6101-96 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO OCCUPATIONAL LICENSE FEES; AMENDING APPENDIX A SCHEDULE OF FEES, RATES AND CHARGES BY MAKING HOUSEKEEPING CHANGES AND ADDING THE REGISTRATION FEE AND DUPLICATE FEE; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Seclion 1. Appendix A, Code of Ordinances, is amended to read: APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES XXVIII. OCCUPATIONAL LICENSE FEES: Category No. Category Fee 001.000 ABSTRACT OR TITLE COMPANIES ............................................. $ 200.00 0023.000 ADMINISTRATIVE OFFICE ............................................................ .....75.00 00$4.000 ADVERTISING OR MARKETING , Gkjfw4 003.010 Agency, general ........................................................................ .....55.00 003.020 Coupon boost publisher or distributor (See note B) ......................100.00 003.030 Directory or guidebook publisher ............................................... ...100.00 003.040 Handbill or sample distributor .................................................... .....55.00 003.050 Soliciting for publication not listed in city .........................................45.00 OD3.060 Outdoor signs, advertising for other than the business on the premises .........................................................55.00 003.070 Welcome or greeting service ..........................................................50.00 003.080 Trade inducement business, NOC ................................................110.00 004.000 ADULT ENTERTAINMENT ESTABLISHMENT (See note B; See Chapter 41, Article V) ...............................................................1,000.00 005.000 AGENT OR AGENCY (See also brokers): 005.010 Boole or magazine ....................................... ....................................45.00 005.020 Claim or collection (see note B) .................. ..................................110.00 005.030 Credit reporting and mercantile .................. ....................................65.00 005.040 Employment ............................................... ....................................65.00 005.050 Manufacturers/sales representative, NOC . ....................................45.00 005.060 Private detective or company (See note B) ..................................110.00 005.070 Property management or leasing ............... ....................................55.00 005.080 Talent (see note D) ..................................... ....................................65.00 005.090 Travel (goo note D) .........................................................................75.00 1 Ordinance 6102-96 006.000 AIRCRAFT (See notes B and F 006.010 Charter or rental ........................................................................... 110.00 006.020 Flying instruction ........................................................................... 110.00 006.030 Passenger service ........................................................................ 110.00 006.040 Sales, new or used ....................................................................... 110.00 006.050 Servicing ....................................................................................... 110.00 006.060 Storage, field or hangar ................................................................ 110.00 007.000 AIRPORT (see notes B and &} ...........................................................225.00 008.000 ALARM SYSTEM BUSINESS, FIRE, BURGLARY, MEDICAL MONITORING (see notes B and D) .....................................................55.00 009.000 AMBULANCE SERVICE (See note -A-aAd article III of chapter 25) ...........................................................................................55.00 Plus per vehicle ..............................................................................20.00 010.000 ANIMALS 010.010 Kennel ....................: .......................................................................55.00 010.030 Groomer .........................................................................................45.00 011.000 APPRAISER (See note D far Real Estatel ...........................................65.00 012.000 013.000 014.000 0'14.010 015.000 016.000 016.010 0'16.020 016.030 016.031 016.040 0'16.050 0'16.059 016.052 016.053 016.060 016.061 016.062 016.070 016.080 016.090 ARMORED CAR SERVICE (See note B) ............................................55.00 Plus per vehicle ..............................................................................20.00 ARTIST .................................................................................................75.00 AUCTIONEER (see notes B and D) ...................................................220.00 Auction gallery (See notes B and D) ............................................675.00 AUDITOR .............................................................................................70.00 AUTOMOTIVE: Dealership - Sale of new and used vehicles ................................. 400.00 Dealer - Sale of only used motor vehicles .................................... 300.00 Garage - General repairs or replacements (See note D), for 10 bays or less ............................................ ..75.00 For each additional bay ............................................:............. ..10.00 Rental - Autos, trucks, recreational vehicles ................................. 150.00 Parking lot, permanent or temporary 1-10 spaces ............................................................................ ..25.00 11-50 spaces .......................................................................... ..35.00 Over 50 spaces ...................................................................... ..75.00 Storage 16-50 Spaces ......................................................................... ..55.00 Over 50 spaces ...................................................................... 110.00 Washing and polishing ................................................................. ..25.00 Wrecker or towing service ............................................................ ..45.00 Service station, per fuel pump here ............................................. ..25.00 2 Ordinance 8102-98 017.000 BAIT DEALER ......................................................................................35.00 018.000 BAKERY GOODS, RETAIL ..................................................................55.00 019.000 BANKS (including savings and loan associations) for each bank location main or branch ...............................................250.00 019.010 Automatic teller machines ............................................................100.00 020.000 BARTENDER, FREE LANCE ...............................................................50.00 021.000 BATHHOUSE (see_chapter,9 divisign 101 .............................................25.00 021,010 Igchnician ......................................................................................:z.;?.00 022.000 BEAUTY SALON/BARBER SHOP NAIL SALON, TANNING SALON .........................................................40.00 Plus, for each chair or booth (see note-D1 ......................................10.00 022.010 Manicurist (,gee note Dl ..................................................................25.00 023.000 BOATS AND BOAT TRAILERS: 023.010 Dealer ........................................................................................... 100.00 023.020 Repairs and service ...................................................................... ..60.00 023.030 Rental (needs _Iiarborrnaster_a r_oval) ........................................ ..35.00 023.40 Storage ......................................................................................... ..75.00 023.41 ZWshing and Poliribing,??,. ,...? W. ,?,. ,. 25.00 024.000 BOATS, PASSENGER: lneeds harbormaster a ,, removal) 024.010 1-15 passengers ........................................................................... ..40.00 024.020 16-25 passengers ......................................................................... ..55.00 024.303 26-50 passengers ......................................................................... ..65.00 024.040 51-100 passengers ....................................................................... ..75.00 024.050 101-300 passengers ..................................................................... 100.00 024.060 Over 300 passengers ................................................................... 200.00 025.000 BOOKKEEPING SERVICE ................................................................ ..55.00 026.000 BROADCASTING, RADIO AND TELEVISION STATION OR STUDIO ....................................................................................... 110.00 027.000 BROKER, each 027.010 Broker, mortgage (, SDI ..................................................... ..55.00 027.020 Broker, merchandise .................................................................... ..55.00 027.030 Broker, stocks, bonds, etc., dealer ............................................... 165.00 027.040 Broker, stocks, bonds, etc., individual .......................................... 110.00 027.050 Broker, real estate (see note Q1 ................................................... ..55.00 Plus for each additional salesperson ......................................... ..25.00 028.000 BUSINESS ADVISORY SERVICES, NOC ........................................ 110.00 029.000 Bus-station, Rte rid-sightseeing-sewiGesj (,Resprved) 3 Ordinanoe 6102-96 030.000 BUYERS CLUB ..................................................................................100.00 031.000 CATERER ............................................................................................55.00 032.000 CEMETERY/CREMATORIUM ...........................................................200.00 033.000 CLEANING, PRESSING AND DYEING 033.010 Plant .............................................................................................175.00 033.020 Branch/collection, each ..................................................................55.00 033.030 Self service or hand laundry ...........................................................65.00 Plus, per machine ..........................................................................1.00 033.040 Carpet cleaning on-site ...................................................................55.00 034.000 COIN AND/OR STAMP DEALER (see note B) ....................................55.00 035.000 COMMERCIAL RECREATIONIENTERTAI NM ENT, NOC ................. 400.00 035.010 Dealer or lessor of amusement machines .................................... 110.00 035.020 Miniature golf ..................................................................................55.00 035.030 Per game/machine/ride (excluding deafer) ................................... ..35.00 035.040 Entertainer (each) ...........................................................................55.00 035.050 Skating rink, shuffleboard, archery range or golf course .............. 110.00 035.060 Billiard parlor ...................................................................................70.00 Per additional table ......................................................................10.00 035.070 TempoFaFy-useieveat f Reserved)- :.............-r ........-.......:::..:......- A W Oo 035.080 Theaters, with up to 150 seats .....................................................250.00 035.081 Theaters, with 150 or more seats .................................................550.00 036.000 CONSULTANT, NOC ...........................................................................75.00 037,000 CONTRACTORS, GENERAL CONSTRUCTION: (See note D) 037.010 Class "A" general (see rigle DI ..................................................... 250.00 037.020 Class "B" building (see note D) ..................................................... 175.00 037.030 Class "C" residential (see note Dl ................................................ 100.00 038.000 CONTRACTORS OR SUBCONTRACTORS (NOT GENERAL) 038.010 Acoustics ...................................................................................... ..55.00 038.020 Air conditioning contractor, Class A (See note D) ........................ 150.00 038.021 Air conditioning contractor, Class B (See note D) ........................ 100.00 038,022 Air conditioning contractor, Class C (See note D) ........................ ..70.00 038.030 Alarm systems specialty (See note D) .......................................... ..55.00 038.040 Aluminum (See note D) ................................................................ ..55.00 038.050 Awning, shades and blinds ........................................................... ..45.00 038.060 Boller ............................................................................................ ..55.00 038.070 Carpentry (See note D) ................................................................ ..55.00 038.080 Cabinetry and millwork ................................................................. ..55.00 038.090 Communication systems specialty (See note D) ......................... ..55.00 038.100 Demolition, building (See note D) ................................................. ..55.00 038.110 Dredging ....................................................................................... ..55.00 038.120 Drywall Js9ee note D) ......................................................................55.00 038.130 Electrical (see note D) .................................................................. 150.00 038.140 Excavating, including filling, grading, and land clearing ................ ..55.00 038.150 Elevator (See note D) .....................................................................55.00 4 ordinance 6102-96 038.160 Exterminator (See note D) ..............................................................55.00 038.170 Fence erection (See note D) ........................................................ ..55.00 038.180 Fire sprinkler system, building (See note D) ................................. ..55.00 038.190 Flat work masonry specialty (See note D) .................................... ..55.00 038.200 Floor covering, laying, sanding, finishing ...................................... ..55.00 038.210 Gas, natural (See note D) .....................................................0.0 50.49 038.220 Gas, liquid petroleum (See note D) .............................................. ..55.00 038.230 Garage door and operator installation (See note D) ..................... ..55.00 038.240 Glass and glazing (See note D) .................................................... ..55.00 038.250 Gunhe and sandblasting ............................................................... ..55.00 038.260 Hauling, trucking or moving .......................................................... ..55.00 038.270 Houses}-moving (FQ4T?(See Pole• ........................................ ..55.00 038.280 Installation, NOC .......................................................................... ..55.00 038.290 Insulation (See note D) ................................................................. ..55.00 038.300 Wgatlon systems specialty (See note D) ..................................... ..55.00 038.310 Janitorial service ........................................................................... ..55.00 038.320 Landscaping/tree surgery ............................................................. ..55.00 038.330 Lawn, yard and garden care ......................................................... ..35.00 038.340 Low voltage systems specialty (See note D) ................................ ..55.00 038.350 Maintenance work (NOC) ............................................................. ..55.00 038.360 Marble setting includes the (See note D) ...................................... ..55.00 038.370 Marine specialty (See note D) ...................................................... ..55.00 038.380 Mechanical contractor (See note D) ............................................. 150.00 038.390 Mobile home setup specialty (See note D) ................................... ..55.00 038.400 Ornamental iron work .....................................................................55.00 038.410 Painting - including paperhanging (See note D) .............................55.00 038.420 Paperhanging (only) ..................................................................... ..55.00 038.430 Partitions, movable ....................................................................... ..55.00 038.440 Paving (See note D) .......................................................................55.00 038.450 Pile driving (See note D) ............................................................... ..55.00 038.460 Pipeline (See note D) ................................................................... ..55.00 038.470 Plaster and stucco specialty (see note D) ......................................55.00 038.480 Plumbing (See note D) ................................................................. 150.00 038.490 Pollutant storage systems; gasoline, oil, etc (See note D) ........... ..55.00 038.500 Pressure cleaning ...........................................................................55.00 038.510 Prestressed precast concrete specialty (See note D) ....................55.00 038.520 Refrigeration, commercial and industrial (See note D) ................. ..55.00 038.530 Reinforcing steel specialty (See note D) ....................................... ..55.00 038.540 Roofing (See note D) .................................................................... ..55.00 038.550 Septic tank/sewer cleaning ........................................................... ..55.00 038.560 Sheet metal (See note D) ............................................................. ..55.00 038.570 Shutter and opening protectives (See note D) ...............................55.00 038.580 Signs - electrical (See note D) ........................................................55.00 038.590 Signs - nonelectrical (See note D) ................................................ ..55.00 038.600 Solar (See note D) ........................................................................ ..55.00 038.610 Steel reinforcing (See note D) ........................................................55.00 038.620 Structural masonry specialty (See note D) .....................................55.00 038.630 Structural steel (See note D) ................................................:....... ..55.00 038.640 Swimming pool, residential (See note D) .......................................55.00 038.641 Swimming pool, commercial (See note D) .....................................55.00 038.642 Swimming pool, service and maintenance (See note D) ................55.00 038.650 Tile and marble specialty (See note D) ..........................................55.00 5 Ordinance 6102.96 .r 4 038.660 Underground utility (See note D) ....................................................55.00 038.670 Veneer specialty (See note D) .......................................................55.00 038.680 Water softener installation and service ........................................... 55.00 038.690 Welding (requires need certification) ..............................................55.00 038.700 Well drilling (See-note-t`; requires certification from SWF WMD)....55.00 038.710 Window cleaning ............................................................................35.00 038.720 Wrecking and dismantling (other than building) ..............................55.00 039.000 COSTUME OR CLOTHING RENTAL ..................................................45.00 040.000 DATA PROCESSING CONSULTANTIPROGRAMMER ......................75.00 040.010 Data processing software ...............................................................55.00 041.000 DATINGIROOMMATE SERVICE (See note B) ..................................110.00 042.000 DECORATOR, INTERIOR ...................................................................55.00 043.000 DELIVERY/MESSENGER SERVICE (includes first vehicle) ...............55.00 Plus, per each additional vehicle ....................................................20.00 044.000 DESIGNER, INDUSTRIAL (See note D) ..............................................55.00 045.000 DISC JOCKEY, FREE MINCE .............................................................55.00 046.000 DIVER ...................................................................................................50.00 047.000 DRAFTSMAN .......................................................................................75.00 048.000 ELECTRIC POWER COMPANY ........................................................150.00 049.000 EQUIPMENT RENTAL, small tools or appliances ................................55.00 049.010 Equipment rental, lame. heavy dray senetFuGtien .........................110.00 050.000 FLORIST ..............................................................................................55.00 051.000 FREE SERVICE BUREAU ...................................................................70.00 052.00 FURNITURE REFINISH, REUPHOLSTER, CLEAN AND REPAIR ........................................................................................55.00 053.000 GROUP CARE FACILITIES 053.040 Congregate care-fasilitiss J21--or_more clients) ............................. 150.00 053.020 Convalescent/nursing home ......................................................... 150.00 053.030 Family care home (1--6 clients) .................................................... ..35.00 053.040 Group care, level 1(7--14 clients) ................................................. ..45.00 053.050 Group care, level 11(15--20 clients) .............................................. ..70.00 053.060 Group care, level 111 (1-20 - special treatment) ............................ ..85.00 054.000 GUNS (See note B; requires federal firearms license), dealer, Includes repair .................................................................................... 110.00 055.000 HEARING AID, AGENT OR DEALER ..................................................65.00 6 ordinance 6102-98 056,000 HOSPITAL ..........................................................................................220.00 057.000 INCOME TAX PREPARER ..................................................................55.00 058.000 INSURANCE 058.010 Per each company, class, and type of insurance ...........................75.00 058.020 Adjuster ..........................................................................................65.00 058.030 Agency (includes 1 principal, owner, manager or agent) ...............55.00 055-x_ _-031 Plus, POE agan ...............................................................................25.00 058.040 ftmamo ........... .............................25 25,00 058.050 Agent, independent ................................... ...........75.00 059.000 ITINERANT_48pERMANENT_, KNIFE TOOL SHARPENER ..............25.00 059.010 Itinerant, agriculture peddler ...........................................................35.00 060.000 KINDERGARTEN, NURSERY OR DAY CARE (See notes RG and D) .......................................................45.00 061.000 LABORATORY (includes dental, medical, research, analytical, photo, chemical testing, etc.) ...........................................................................80.00 Plus, per employee .........................................................................20.00 062.000 LAND DEVELOPERS ........................................................................110.00 063.000 LECTURER AND INSTRUCTOR,-iRera# ..........................................70.00 064.000 LOAN, FINANCE OR CONSUMER DISCOUNT COMPANY (see note D) ..........................250.00 065.000 LOCKSMITH (See note B) ...................................................................45.00 066.000 MAIL ORDER ESTABLISHMENT ........................................................55.00 067.000 MAILING, PACKAGING, ADDRESSING, FAXING ..............................55.00 068.000 MANUFACTURING, FABRICATING, PROCESSING, COMPOUNDING 068.010 1 employee (including owner) ............... ..........................................45.00 068.020 2-4 employees (including owner) ........ ..........................................65.00 068.030 5--10 employees (including owner) ...... ..........................................90.00 068.040 11--25 employees (including owner) .... ........................................110.00 068.050 26-50 employees (including owner) .... ........................................165.00 068.060 51-100 employees (including owner) .. ........................................220.00 068.070 101-500 employees (including owner) ........................................250.00 068.080 Over 500 employees (including owner) ........................................410.00 069.000 MASSAGE establishment (See note D and Chapter 9) .......................60.00 069.010 Massage therapist, each (See note D and Chapter 9) ...................35.00 070.000 MERCHANT OR MERCHANDISING: (See note B for sale of used merchandise) 7 ordinance 6102-96 070.010 Stock value $1,000.00 or less ........................................................35.00 070.020 Over $1,000.00 but less than $2,000.00 ........................................45.00 070.030 Over $2,000.00 but less than $3,000.00 ........................................55.00 070.040 $3,000.00 and over ............................................................... 5LM60 00 Plus, per $1,000.00 or any fraction thereof over.$3,00 0 ...............4.25 070.050 Mobile egg ...........................................................................110.00 070.060 Antiques, used merchandise (See note B) .....................................55.00 070.070 Merchant, temporary WrmanenNocation .......................................50.00 070.080 Merchant, itinerant. permartentfiocation .......................................150.00 070.090 Merchant, show or flea market, per exhibitor, includes food vendgra. p&r @ventlshow ..........................................................8.25 070.100 Downtown convention/exhibition center ....................................3,000.00 071.000 Mobile homes 071.010 Dealer (new or used) sales and service .......................................110.00 071.020 Park, rental .....................................................................................70.00 Plus per space over 25 ..................................................................3.25 071.030 Transport service (if Independent of city licensed dealer or manufacturer) .................................................................................65.00 072.000 MOTORCYCLE, dealer ........................................................................80.00 072.010 Motorcycle, scooter or bicycle rental ....................................................55.00 073.000 MOVING, TRANSFER COMPANY (Qee note 6) .................................90.00 074.000 MUSIC MACHINESlJUKE-BOX, COIN OPERATED: (not amusement or vending machines) 074.010 Dealer or lessor ............................................................................110.00 074.020 Operator or lessee, each machine .................................................35.00 075.000 NEWSPAPER, PERIODICAL OR NEWSLETTER: 075.010 Less than 6 issues per week ..........................................................75.00 075.020 6 Or more issues per week ..........................................................220.00 075.030 Agency or bureau .........................................................................110.00 076.000 NURSERY, PLANTS (s9ee note D) .......................................................55.00 077.000 PATROL, NIGHT PATROLMAN, OR PRIVATE WATCHMAN: 077.010 Firm (See note B) ...........................................................................75.00 077.020 Individual (See note B) ...................................................................35.00 078.000 PAWN BROKER (See note B) ...........................................................330.00 079.000 PETROLEUM PRODUCTS, wholesale ..............................................220.00 079.010 Petroleum products, deliverlsale, includes LP ..............................110.00 080.000 PHOTOGRAPHY (See note B) ............................................................55.00 081.000 PIANO TUNER .....................................................................................25.00 082.000 PLATING OR ANODIZING, METAL .....................................................55.00 8 ordinance 6102.96 083.000 PRINTING, PUBLISHING, ENGRAVING, LITHOGRAPHING AND BINDING (includes blueprinting services) ............................................60.00 084.000 PROFESSION (per licensee and per location) 084.010 Accountant (See note D K CPA) ................................................... '100.00 084.020 Architect (See note D) .................................................................. 100.00 084.030 Attorney (See note D) ................................................................... 100.00 084.040 Chiropractor (See note D) ............................................................ 100.00 9MIM CounseloAgclaj workeL(See note D) ............................................Z"Lm 084.050 Court reporter .................................................................................75.00 084.060 Dental hygienist (See note D) ....................................................... ..75.00 084.070 Dentist (See note D) ..................................................................... 100.00 084.090 Designer, interior (See note D) ..................................................... 100.00 084.100 Embalmer/funeral director/undertaker (See note D)........... I......... 100.00 084.110 Engineer (See note D) .................................................................. 100.00 084.120 Homeopathic physician ................................................................ 100.00 084.130 OS'cU tf?s i'?Ltherapjs Napmpath (See note D) ........................... 100.00 084140 (Reserved) Nat path See note D) .........::....... 10 084.150 Optician, including sale of lenses and frames (See note D),........ 100.00 084.160 Optometrist (See note D) ............................................................. 100.00 084.170 Steed (See nGt9 D) ............................................. Ion ' 00 064.180 Physician See note D ............................................ 100.00 084.190 Physiotherapist (See note D) ........................................................ 100.00 084.200 Profession, NOC ........................................................................... 100.00 084.210 Psychologist (See note D) ........................................................... .100.00 084.220 Surveyor (See note D) .................................................................. 100.00 084.230 Veterinarian (See note D) ............................................................. 100.00 085.000 PROMOTERIPROMOTIONS (See note B)(If tempmery _oer event) .................................................200.00 086.000 RAILROAD .........................................................................................225.00 087,000 RECORDING STUDIO .........................................................................55.00 088.000 REFUSE COLLECTION AND DISPOSAL SERVICE (See note and See B.32292,StY..S•ode)........ 225.00 089.000 REFUSE MACHINE, COMPACTING AND/OR BINDING: 089.010 Owner or lessor ............................................................................220.00 089.020 Operator or lessee ........................................................................100.00 090.000 RENTAL, NOC (See note B) ................................................................55.00 090.010 Hall/facility/property, nonresidential use (See note B) ..................'100.00 091.000 RENTAL, UNITS (2 or more) ................................................................25.00 Pius, per unit over 5 ..........................................................................1.50 092.000 REPAIR AND SERVICE, NOC (includes handyman) ..........................45.00 Plus, for each employee (other than owner) ...................................10.00 9 Ordinance 6102.96 r 093.000 RESTAURANT 4See note 12: and, Note B fora cohoii 093.010 1--10 seats ......................................................................................35.00 093.020 11--25 seats ....................................................................................55.00 093.030 26--50 seats ..................................................................................110.00 093.040 51--100 seats ................................................................................ 165.00 093.050 101 or more seats ........................................................................ 220.00 093.060 Snack bar, soda fountain ................................................................45.00 093,070 Concession standlvendor, per location or unit ...............................45.00 093.080 Canteen wagon or truck, per mobile unit ........................................50.00 093.090 Drive-in or drive-throughltake out or delivery ..................................75.00 093.100 Nightclublbar/tavemlcabaret/lounge (See note B; see adult use entertainment; see commercial recreation/entertainment, entertainers) ................................................................................. 220.00 093.110 Dancing area ..................................................................................45.00 094.000 SCHOOLS - TRADE, STUDIO AND INSTRUCTION (See note D; also see note B for dancing or charm schools .............................................55.00 095.000 SECRETARIAL SERVICE (includes stenographers) ...........................55.00 096.000 SEWING (DRESSMAKER, SEAMSTRESS, TAILOR, etc.) .................45.00 097.000 SHOE REPAIR (OR BOOT BLACK STAND) .......................................45.00 098.000 SITTING - HOUSE, PLANT, PET (See note B) ...................................50.00 098.500 8P_ ECIAL EVENTS_ CITY SPON$QR_ EQ. Per day, per exhibit ...........................................................................IM 099.000 STORAGENVAREHOUSING 099.010 Indoor, per 1,000 square feet (minimum $50 feel ..........................10.00 099.020 Outdoor, per 1 ,000 square feet (minimum $50 fee) ......................20.00 100.000 TATTOO PARLORS (See note D and Florida State Statute 877.04) ..........................................................................100.00 101.000 TAXICAB COMPANY, includes first vehicle (See notes -Aand B and Chapter a6l) ...............................................55.00 Plus for each additional vehicle ......................................................20.00 102.000 TAXIDERMIST .....................................................................................45.00 103.000 TELEPHONE AND TELEGRAPH 103.010 Telephone, company ....................................................................225.00 103.020 P1usrW each branch offim ............................................................30.00 103.030 Telephone, business, private ...35.00 103.040 Telephone, solicitation (See notes Band D? ...................................55.00 103.050 Telephone, answering service ........................................................55.00 104.000 TOILETS, PORTABLE SERVICE ......................................................100.00 10 Ordinance 6102.98 105,000 TRAILER, CARGO (for boat trailers, see boats) 105,010 Trailer, cargo, sales and service .....................................................55.00 105.020 Trailer, cargo, rental .......................................................................45.00 106,000 TRANSIT OR READY-MIX CEMENT AND CONCRETE ...................220,00 (This license required of any distributor making deliveries and/or sales within city limits, regardless of location of plant.) 107.000 TRANSPORTATION SERVICES (bus station - interstate, chartered, limousine, sightseeing)(See _._raRter 25, see _ -note E3? ..........................210.00 108.000 VACUUM CLEANER SALES AND SERVICE ......................................55.00 10$.000 VALET PARKING .................................................................................50.00 110.000 VENDING MACHINES (excluding amusement, music machines, cigarette or stamp machines) 110.010 Dealer or lessor ..............................................................................55.00 110.020 Operator or lessee, per machine ($25.00knifl3 ..............................10.00 111.000 VIDEO OR FILM RENTALS .................................................................55.00 112.000 WRECKING YARD .................................................................. .....220,00 113.000 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) .....................................................................110.00 The MINIMUM occupational tax shall be $25.00. PENALTY, DELINQUENTAND 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. Ila addition to p-oIlelly fees. Tthe ADMINISTRATIVE FEE shall be $250.00 on accounte not paid by Janu= 31st fdlodng wnewal ngfio (to aPI21Y starting 1096197 renewal nQtjoz). I I Ordinanoe 6102-96 A TRANSFER FEE shall 6e up to 10% of the annul Iic nee tar 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 23.41(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. motion 2• This ordinance shall take effect Immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: r •N ?? Leslie Dougall-S' e -October, 17, 1996 Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk 12 ordinance No. 6102-96 .1, 7,`f?'s 1.3k ' •3t'},• t' ,k'1 1y1 ';?i° 9I`Sf n 4 y. 1 's r ` r °tuv `4.;.:. ?, 4....' _ . .r,°.!• ?y.I.. .:l?r.":: ':!''2 ti;-'+y???k'`a... ^s. ??{?. .:i '.??41,^??i?i .r'' ,A , LII , 1 Item--- #27 F. 3. c t f i l Y f qt i 5 I .' 1 ? Clearwater City Commission p? Item r7 FAJ Agenda Cover Memorandum Meeting Date: `' '• 1 SUBJECT: Declaration of Surplus Personal Property RECOMMENDATION/MOTION: Declare the attached listed items as surplus to the needs of the City of Clearwater and authorize disposal through Tampa Machinery Auction, Tampa, Florida, in accordance with Sec. 2.622, Surplus Sales Over $5,000.00, is and that the appropriate officials be authorized to execute same. BACKGROUND: • General Services/Fleet Administration has removed the attached listed items from service and recommended declaration as surplus and disposal. Each item has been inspected by the Acting Director of General Services and the Fleet Administrator who have both have certified that each item is surplus to the needs of the City and have recommended disposal. • All items will be sold to the highest bidder at the Tampa Machinery Auction, Tampa, Florida, who is the Pinellas County Purchasing Cooperative auctioneer of record. Proceeds will be returned to the department that originally owned the property. Reviewed by: Legal Budget Purchasing Risk Mgmt. Is ACM other Originating Department: Costs: Commission Action: ,:t 'r'-r''? Approved i13nCe.;?'m?•- ?? Total ? Approved with Conditions User Department: ;; c4 f ,'[, i :. Ci Denied !>'^'r?r • ":.Y,ii: i??%'?4e?i`,`?ti%"` Current Fiscal Year ? Continued to: Advertised. SVS Sate` 4`:7Y', ' 5ubrrtt:[ea o I Mar Printed on recycled paper M Not Required Affected Parties ? Notified IX Not Required runding Source: ? Capital Improvement; ? operating: ,i:'. ;.t,.,,..; j.t ...,ym. ,.•..y ,;{ ?s, ? other: ti. .,t±. ti Attachments: tt3:; Misc. List Appropriation Code Y ? $p],jyg P14?p?>` ?}r,: M,3 ist None MISCELLANEOUS ITEMS LIST a ?7 ,T?Q QUANTITY pESCRIPTION ,- Koening Utility Body, Serial Number 80147. 1 Le-Roi Air Compressor, Serial Number 37830, with Koehler Engine Model K2416, Spec# 467980. 1 Terrain King Mower Attachment, Model AB28, Serial Number 44033. 1 Case 580E backhoe attachment, Serial Number 5475694. 6 Federal Streethawk light bars. 1 Impulse 2004 light bar. 1 Pallet of small engine parts (obsolete). 1 Pallet of heavy equipment parts,(obsolete). i 0. ? K0. ? ? Yi u u M 1? ? ? Z Z 2 A a a G a ? w ? a x a aC d ? .?L( .t ,.te r. tt U U V U U R r M M Y q a J Y ? 1C ? i ? ? Z iC ? ? Y .7? A 6 A 0. 8 n ?J ? ? S 7r A A 0 A M A A 0. A 0. P 6 6 UI • N M w ? ? A V ? ? N n V N y r M « « • N • A • N ?? M ^ r ? n T F H h 1 w w w w w w ! w A w w N M Y ? w n w •? V N v Y N N .Vi w H N N N N N M N « N N M H f L1 p? J v 4 ea V M i R s 6 96 at V V r F M r Lt n Y n 1 „ F ? •L i F /, ?}? Y V V ? V N V + V S s y V h r ?UL F 2 z j f^ V V a bl o p U U b C o r d O O O O t,rO o t+ e! D D O V d O v w? a o0 0 0 0 o eo 0 0 0 a a o N a o 0 0 0 o r . n h o a 0 o r w n K {_ N h V n w N N f 4 V V V i a w ? v N e w o w N o • o ? u n r h r h o n r a a n n « a r n z n o w w o a Y w ? N o n n n N a c n n n N n n n n M ? ••I ?nl h J n n ?1 M N r n M P'1 ti n ry n pp ?1 [6? ?A{ 1?C rr S L1 19 In. 4 a K . cam[ `Cn'. •t N y X pFFF LO i? > t0.i . 2 Y' v M ?t ? ? 7L N I a . 1+ K n n rU. s q u a a $ :: ° a a• z 94 i p x a„ M L r N Mix lR N CA N ?R 6t N q N } E ? ? ? ? S ?ap ? aC a a oao fL GE ? a ? m w u « w 1 w U C s t R Ct t ? •C ? ? K .C K K w .. . .. m A n w ? 0. 6 A A A a A o- P a 5 I ri p ? a u n u ?a ? w y? A a w u a u ?a G>? H 4! ? i N ? ? tl st x w F»1 .r[ M ? ? q S. >: M M ? t I U tl U tl b C O O a p b tS t'J O b ! t ?? 4 # Y n w ? v e s. n 4 t R V K ?i u?i K •t .t { S K + Y V a N h N r + \ \ \ M \ \ \ ?C ? 7CI w w r ww .. w M n « •.t x N Z .. n z N z z Y .. V h• w u. •'t ? ¦ u a w ? w n ? ? ry M h n r V n F n fi?n{{ M o a e R t? ? ? 1( .Ri ? }y i q #? r h f? h r ?•i •• w .? n uNi I. ?? ,3 yl ea e n ? ? v ? o .L .? /r e w r r M A M M1 a a a a 0. n e •. N n h .+ ? h « w nI w w a w M { h « M ? • a n v a j Y w n o r v •n a f[ o F n pp M tl A ? n M w r n e n w r u a o « N ? .7? n n w n 4L n M n tr h r K K ? •+ 4 m tr o n K •+ O w o w a o n o a r e ? n e q e ? . n 7?t 4„1 r w r w n i V ? N w r ¦ F w w n w w w i? w F w i• w M L? /? fi y /C h R 7 ?• ? ? ? y i ? ?r .U. ? a ? a ? ? ? ? ? y H rri e@@ L x o .. 06 .+ N h « n ? w n q n ? o o n ? .qi + w N w V ? n w o o a Y n w n w o n a n a o •? n r w o n 41 -A po sasd? yy qq n nnq qnq ? pvp r pvp qq r w r+7 r pw w qr ! qw w V t] U O O D L1 b U 4 q O V tl V U i7 V $ u U 3 V O l07 q o e a ^ p p v v V M n n n n n V V V V q N .'i• • y ??y w i ll ?? R M w M Y! ' }: . " ?•ytl ? i .3' lpiisl T n ??s i t.?7 v a[ ¦1 O R [0?7 O O M ? ? Il 1! M Y O O O O a O O N hhh({{{ ?r O N o O a N Q o 'r f'. y L M r ^ a Iw N a ? O . K 8 Y', N O ~ A 4 a ? w O e N A M n M w r w n yby a MA ' ?. K JM??C 16 x w ? w M •1 ? M r ? FF' ? M Y QY a O ?M i .., (' ??prr N N Ah ' za ?? L F. S 0. 4 Ci 0. ? R ?• ? V O A ^ r O V i n 6 4E p n N V n V O ? w N w .S •.r I ?I ., n w A Nr N y(??. ? Cypki ,? Y n ? n iy, n n •. 7. ? _ ? M P ? e? o ? ? wA P y ? = V ?UUNUN.1 M xx •r .i e. ? .r w 4. n us H /;.' C 16 sc ' + _ M 1 M a A A I a M A 6 O S F N L] ? ` fi R . ' ? M V w ?? n ? w ^ . ? ? ' s aw o e 1 •? R8 0 o a n n n ? .y ? 9? tl b O Q c O ,O q a ? 4 , M = ?'•e'???Yw.Vww.h++• .. .. •.x '. ?..?? .a.'V ry•?..?r {??'JW+?)'!'@'Ty' .v .-.? a 1 I f. i 9a5 2 Clearwater City Commission Agenda Cover Memorandum C-? 9 Item 1f: Meeting Date: f SUBJECT: PURCHASE OF PROPANE TANKS RECOMMENDATIONNOTION: Award a contract effective 11/08/96 through 9/30/97, for the purchase of propane tanks to American Welding & Tank, Camp Hill, PA, for $112,128.00; and to Manchester Tank, Brentwood, TN, for $32,154.00, which were the most responsive and responsible bids submitted in accordance with the specifications, ® and that the appropriate officials be authorized to execute same. SUMMARY: These propane (LP) tanks are necessary to complete new customer installations as projected in the Clearwater Gas System Strategic Business Plan, and will be used in Pinellas and Pasco Counties, where there are not currently natural gas mains. • The estimated quantities are based on projected annual needs for both residential and commercial customers, and both above and below ground applications. After careful consideration, the Assistant Director of CGS Gas Supply & Operation recommends awarding the contract to the following vendors, which provided the lowest and most responsive bids within the specifications: American Welding and Tank, Camp Hill, PA: Size 120 ASME-AGUG Horizontal, 120 gal 250 ASME-AGUG Horizontal, 250 gal Manchester Tank, Brentwood, TN: Size 420 DOT-AG Upright, 120 gal. 200 DOT-AG Upright, 60 gal. Quantity Unit Price Total 300 $296.00 $88,800.00 54 432.00 23,328.00 Sub Total $112,128.00 Quantity Unit Price Total 99 $222.00 $21,978.00 64 159.00 10,176.00 Sub Total $32,154.00 Reviewed by: ? --- originating Department: Costs: Commission Action: Legal N/A Clearwater Gas System V? Estimated $144,282.00 ? Approved Budget 9! -Q Total ? Approved with Conditions Purchasing - User Department: Estimated $144,282.00 0 Denied Risk Mgmt. NIA Clearwater Gas System Current Fiscal Year ? Continued to: Is N/A Funding Source: ACM 0 Capital Improvement: Engineering N/A Advertised: ? Operating: Date: 9/06196 &9/13/96 © Other. Attachments: A I Paper. Tampa Tribune & ' laid Tab and Summary 11197-96 - t Warfield s Tampa Bay Review Submitted b : ® Not Required Appropriation Code Affected Parties Affected 423-00000- ?J CI Notified ? None City alter ® Not Required Printed on recycled paper t 1 . r r• • XJW y ''d` -';`'???`-t't' 3 st_:. ?•a!•J',t?. rS'?F:pY 1-? , g • ' 'Purchases will be charged to inventory code 423-00000-141120-000-000 and charged out to the appropriate Capital Projects as tanks are used. The appropriate Capital Improvement Project Codes are 351-96370, Pinellas Phase II New Gas Mains & Services, and 351-96320, Pasco New Mains & Services. These projects have a balance of $2,108,089.78 for this purchase as of October 9, 1996. f'FI 5i i? dqt. xs?. s1 ?j• . t. '`e!? ' ?j-?r..twJKM,rr"'.. ?. '°+Wt?rli?F'????Y'f/t??if?i?l.?+i?%?{3?7Ii1?i.CJSb1R,u .s , i .. .,-, ....,..,.... -. ? .....r.,?..`.:.?:s ?'xar3. •??i, a ni eJ p( u a g ??cpn e?u`pp?i rte- m ?t tD Q N O N N N N N ? "? w S S S S CDP a m N r W 5?u i?+7 x cn U! 6% N N N x w w C0 D C1 m a C w o z z r c°i w D 9 w LLI a ? ; z M to m A 40 z z w $ S , Q ? 0 A N CL co W m co 0. d6 2 z z V z 1"' N H . tD 0 t CL LU S $ N o z z d A ?? . N cq CW) N i"3 3 co N M r 0 Q Q Z .1 ?rZ ? ? Ewa Ewa • ' m CC7 ` ?[? ?g0 N?O io x ?i z x U Y U x0F xF- ¢ac3 ?00 0r?0 nAO ?i? mar in he U io? ) daa ? y J J °~' In z 2m2 YmZ ?tjcn r W W W? cc IL In A?[] 0o in to O 0 129 om? om C) CL a CL.o? o? cn z LL. 0 LL U) 0 w w ? s p o a m m ? U Oo R IL C14 w 'r 0 ?W??o aao? LL ti z cq 0 rn 0 to in w co U 0 A co LA Z a Al •- N e+1 •t C7 m a. R? ? . {,'lBarWat$x City COIn11i3SiDn item M. Agenda Cover Memorandum Meeting [late: I SUBJECT: ,Hardware and software for Enterprise Network - Phase II (Marine and Water Pollution Control) RECOMMENDATION/MOTION: Award a contract to Megabyte International, of Tampa being the lowest and most responsive bid submitted in accordance with specifications, for the purchase of network equipment and software at a cost of $43,842; award a contract to Dell Computer Corporation for 7 Dell desktop personal computers and related components, at a total cost of $21,164 in accordance with Code Sec. 2.564(1)(d) Other Governmental Entities (Florida State Contract); and other miscellaneous expenditures at a cost of $13,586; financing of the network equipment and computer equipment in the amount of $35,676 to be provided under the City's master lease-purchase agreement ® and that the a ro riate officials be authorized to execute same. BACKGROUND: • In Spring, 1995, the Information Management Department presented a Strategic Plan to the Commission, . providing a road map for applying new automation technologies to City work processes. • Part of the strategic plan included replacement of personal computers and networks, and development of a City wide computer network called the Enterprise Network. The Enterprise Network was divided into two CIP projects - Enterprise Network Phase I and Phase 11. • Phase I of the Enterprise network included the installation of fiber optic cable to connect the MSB to the new Police Headquarters, Fire Administration, City Hall and the proposed new Graphics shop. Phase I also included new PCs and network hardware/ software for City Hall and the MSB. To date, the MSB is complete and the fiber optic cable is installed to all locations except the proposed Graphics shop. The PCs have been purchased for City Hall. A separate agenda item will be coming to the Commission in December'96 for the purchase of network hardware and software for City Hall. • Phase It will include Marine, Water Pollution Control, General Services (including Fleet and Building Maintenance), Gas Systems, Solid Waste, Parks and Recreation, Main Library and Fire. Reviewed br on i ling Department: Cosh: Commission Action: Legal NIA i ormation Management 578,592 ? Approved Budget 'bc' Total ? Approved with Conditions Purchasing epartment $47,020 El Denied Risk Mgmt. /A rive WPC Current Fiscal Year ? Continued to: IS Funding Source: ACM 19 Capitallmprovement: other N/A Advertised:9 ® Operating: Date: 9120/96 - 9127196 ? Other: Attachments: +"t Paper,Warfield's/ Tpa Trib Bid Tab Submii4eto ? Not Required Appropriation Code Affected Parties 315-96653 ? Notified 315-93491 ? None iry M Not Required 432-01371 1i Printed on recycled paper K. :? I...-..1.,. a ?• ? ", i ." , i a9 • Staffing resources prevent Information Management from purchasing and installing the equipment for Phase II all at the same time. Instead, the project will be completed over an 18 month period. • The equipment required for Phase 11 will be put out to bid and brought to the Commission in manageable groups. This allows the City to take advantage of constant changes in the computer industry. Breaking the project down into groups also prevents equipment from sitting, unused, in Information Management while waiting for installation. • This agenda item is the first of a series of purchases relating to the Enterprise Network - Phase II. This purchase will provide equipment for the Marine Department and Water Pollution Control (WPC). • A new local area network will be installed at WPC, and three older PC's at the Harbor Drive site will be replaced. This new equipment will augment 3 desk top and 1 notebook computer that are still serviceable. The new network will support the Laboratory Information Management System(I_IMS) as well as the City standard Microsoft(MS) Office Suite, Ross Financial System and Utility Billing System. It will also provide easier file management, shared printer services, better security, and more efficient work group processes among staff members through the network. Connection to the City wide network for file sharing and e-mail is being done through frame relay, a communication service offered through GTE. • The Marine Department will receive a network upgrade and 4 replacement personal computers. This upgrade will give Marine the capability to use the City standard software, continue to communicate with the MSB for accessing the Ross Financial System, begin using files sharing and E-mail. • Costs of the project are as follows: Dept. Code Vendor Lease/Purchase Cash WPC 315-96653 Megabyte International 20,426 315-96653 Dell Computer 8,904 Corporation 315-96653 Asap Software Express 6,714 Marine 315-93491 Megabyte International 23,416 315-93491 Dell Computer 12.260 Corporation 432-01371 Asap Software Express 4,872 Misc. hardwarelsoftware WPC 315-96653 1000 Marine 432-01371 1000 Total 35,676 42,916 Grand Total - All funding Sources ....................................................................$78,592 (2) r i r',.f°C4 ,.r4?rS.}?1•? F. "9 ,?,'?s:Y'`Y ?'l Naw.x. 4e"Y.s. s.,: r 11-04-19 96 1 1 • FROM CL.W FINANCE 813 562 4535 P. 1 FUNDING Funding for the cash purchases of the WPC hardware and software and Marine software and other miscellaneous expenses totaling $42,916 are available in the line item codes detailed above. The funding for the lease purchase of the Marine project in the amount of $35,676 Is available in project 315- 93491, Marina Network Upgrade, which was established in fiscal year 1995196 for this purpose. The funding for the current year's debt service payments on the Marine hardware are budgeted in the Marina operating budget in.line items 432-01371-571300-000 and 432-01371-572300-575-000. Funding for the future year debtservice payments will be included in the City Manager's recommended budget in those years. 1 s ? 1 , •j' 3 ' t i i _. .,......-_. <...s_...<,......-.r _ ., .. ..rwna <.,<w nuvir•!.r ns..., w .,we. .. v.s.... .a•. . .• r " • .-_ - _- - .._ - ?t - ii ' ' " • ? , ° ' : ,:i -.. - .- s: i • • , 18 Q 7 R It ! R R ! 8 ?{ R ! 8 R 4 R a ! !1 R p , a o R ! x s n a p ! ! 8 R 9 q $ ! p R p a 8 9 8 8 B 8 $ $ $ 8 8 $ a a 8 8 a 8 8 8 B Y » ^ M M M Y » . s s s a e s e e s a e $ s a a a s s a R s a s . » Y . » » Y . . g k $ ! R 8 Q 4 q 8 q R B R ! q 71 Q - a R 8 R I w w Y M y » y w Y M » '1 R R ! Q A 8 A 8 ! Q ! tt g R ! g A 9 Q R !! R Y M M M M » . . . Y . w M w B 8 ! ! R 8 8 8 R g 8 8 R $ e Q g @ A ,? $ d 3 D b R ! ! M - . w M - w Y M w w - - Y . F w o M M .. . . w . . w w . » . w $ 8 6 8 8 8 8 8 8 8 8 R 8 8 8 8 E 8 8 Q 8 8 8 » » M y . M M Y » Y . M . Y Y M » M - - Y » 8 8 8 $ B 8 8 a 8 8 8 8 R 8 8 8 8 a 8 8 8 B e e I v, ! av ga ! R x a p r ~ . . . . .. . . . . . . . . Y . . a : s x v s g x s 9 ?S ?j i :: G i : ? Q R x •! I R R a % x R Y . » . . . . w M . . w . . .. Y . . . . . .. F • w . M Y w . . Y . . . Y . . y M w . . . w M a k a a v ! sr R s ? x e u ? ? ? R C . . . Y » . Y Y M . Y . . . . . Y Y y y Y A r N k p k 1 . M w Y s x i ! ! V R C a y e ? a 8 C n e y Y Y w Y . . . Y . . . . w . . . . ^ R s ! a s = x c s R ^ s s n As y M - .. . M . . M , Yan ynj ' tjL ? . . F w F F w r F I? ? r ? ? r ? ? n n r ? at t ! ! t uf? ?!? F w ? . . r r s a a 3 ! ! r a v R R a A r i i i i R.... . a Y? I r ` 30 Item a Clearwater City Commission Reefing Date: 11/07196 Agenda Cover Memorandum SUBJECT: Maintenance Contract on Library's Gaylord Galaxy Automated System RECOMMENDATION/MOTION: Renew a contract to Gaylord Systems, Syracuse, NY, for maintenance of the Gaylord Galaxy automated library system at an annual cost of $47,621 effective January 1, 1997, through December 31, 1997, as a sole source vendor in accordance with Code Sec. 2.564(b) ® and that the appropriate officials be authorized to execute some. BACKGROUND: City of Clearwater utilizes the Gaylord System to provide on-line circulation control and public access reference to library patrons. The contract includes hardware and software maintenance. Purchasing a combined software and hardware maintenance contract from the vendor is more cost efficient and provides better control over trouble-shooting and diagnostic procedures. Only Gaylord provides maintenance for its software system. Combining the hardware maintenance with software maintenance provides 24-hour, dial-in support seven days a week and on-site maintenance or replacement hardware in order to have no "down" time. No other vendor provides this level of service for the hardware. The 1996/97 Library Department Operating Budget includes sufficient funds for this contract through 9/30/97; funding subsequent to that date will be included in the department's 1997/98 Operating Budget request. Reviewed by: originating Dept: Costs: $ 47,621 _ _ - Commission Action: Legal d et B N/A Library fj Total 13 Approved g u hasin Pu S 37.179 ? Approved w/conditions rc g Risk Rgmt. User Dept: Current Fiscal Yr. ? Denied C[S N7A ? Continued to: ACM Funding Source: other ? Capital imp. Advertised: ® operating Attachments: Date: ? other Gaylord Maintenance Contract Paper: H Not Re uired Subm t by ?. q Affected Parties ? Appropriation Code: C1 None Notified 010.01724.546200.571-000 ? ?q ® Not Required n g e r 4 y Printed on recycled paper 5 S October 21,1996 Gaylord 30 lnfnrnwli{m S} ?lr•m, MIX 4991 Syrai•terr NY 13221.4901 31?.457.Sf1?n 800.2"2.3.112 Fa % ***REVISED*** LINDA LANGE CLEARWATER PUBLIC LIBRARY 100 NORTH OSCEOLA AVE. CLEARWATER, FL 34615 Dear Linda: E llir rru.t,4l tir„nr In accordance with the notification provision in our GALAXY@ contract, we wish to advise you of the following pricing components. As the hardware units age, their maintenance costs may escalate. As a result of their aging, with advance notice we will be selectively dropping maintenance on certain units that are no longer cost-effective to maintain (see page 3). Please call me if you would like to discuss this further. Quarterly Annual GALAXY{ Software Maintenance $49447.75 $17,791.00 - Software License Level: 97 _ Modules: Cataloging Serials Circulation Community INFO OFAC SuperSEARCH GEM GALAXY© Hardware Maintenance $5,832.50 $23,330.00 CD Subscription NIA $6,500.00 English Monthly x 1($700) English Semi-Monthly x 3 ($4,800) - AV Access x 1($1,000) The rates will be effective Jailigary . Please sign where indicated on this page and on any attachments, and return all originals to me. Sincerely, Alastair I Contract i Date: ('11rittimer Service 1.111111.6:11.(131)1 ?141, 01 ;A 3(D GALAXY Software Majulcannic Clearwater Public Library SuperCAT/GALAXY Cataloging Annual Cost $446.00 Circulation $49769.00 OnLine Public Access Catalog $40769.00 Serials Control $3,406.00 SuperSEARCH $465.00 MARC DBMS/System Software $476.00 .Community Information $948.00 GEM $350.00 SuperBROWSE Software (13) $936.00 SuperBROWSE Community Server Software $744.00 SupeirBROWSE/OPAC - 5 Users License $352.00 SuperLINK (5) includes SuperLINK telnet/www/opadgopher $130.00 *Pro-rated for period 511197-12131197. At time of purchase a com plete year of maintenance was paid. Annual Total $179791.00 Quarterly Rate $4,447,75 Period Commencing 1/01197 DATE E i 6 } I { DATE 3d GALAXY Clearwater Public Library GAYLORD agrees to provide and the library agrees to accept service at the installation location on the face of this renewal notice for the items of hardware set forth below. Either party may cancel all maintenance service upon ninety (90) days prior written notice. Selective cancellation may only apply to specific classes of hardware. Classes include, but are not limited to: terminals, PC Workstations, printers, scanners, modems, terminal servers, multiplexors, CD drives. Line Equipment Annual Type NoA QjX DescrilJIgtl hm a i 1.0 1 Terminal, VT420 (192) $63.00 X 2.0 1 Disk Drive, 209mb (192) $422.00 D 2.1 1 Tape Drive,l.2gb, 4mmDAT (192) $594.00 D 2.2 2 Disk Drive,.1.38gb (192) $1,639.00 D 2.3 7 DECServer 90L, 8-port (192) $1,386.00 D 2.4 1 DECHUB 8-slot Backplane (192) $238.00 D 3.0 1 Printer, OKI 393 ('92) $224.00 X 4.0 8 Scanner/Decoder (192) $713.00 X 5.0 8 Printer, Receipt (192) $528.00 X 6.0 25 DECpc316sx, 52mb,VGA (192) $8,580.00 D 7.0 3 DECserver 90TL (8/94) $832.00 D 8.0 1 DECHUB 8-slot Backplane (194) $238.00 D 9.0 2 DECPC 433SX9SVGA (`94) warranty expires 91w7 $0.00 M ** 10.0 1 DECPC 433SX,270mb,4mb (`95) wam aty expires vies $0.00 M ** 10.1 1 SVGA Monitor (195) $50.00 D 10.2 1 CD Stack/Drives (195) $291.00 X 11.0 3 DECPC 425SX,SVGA Monitor (194) warranty expires 9nM $0.00 M ** 12.0 2 Serial Receipt Printers (95) $120.00 X 13.0 4 Modem, Dial-in (96) $272.00 X 14.0 1 Alpha Server 400/166,64mb,1.05gb (195) $900.00 D 14.1 8 DECserver 90M (195) $1,728.00 D 14.2 1 DECrepeater 90C (195) $180.00 D 14.3 4 DEChub Backplane (`95) $576.00 D 14.4 7 DECrepeater 90T+ (195) $1,260.00 D 15.0 1 Alpha Server 2001100 (195) Internet $1,764.00 D 15.1 1 Hard Disk,2.lgb ('95) Internet $300.00 D 15.2 . 1 Tape Drive,4.Ogb (195) Internet $432.00 D Dates in parenthesis Indicate year of purchase. I Continued..... 4 3a GALAXY Hardware M81010813ce - Continued Clearwater Public Library Due to the age of the component(s), and to the cost and availability of replacement parts, we regret we are unable to continue maintenance service on the following unit(s), effective on the renewal date set forth on the first page of this letter: 6 x Welch Allen Scanner/Decoder (`92) l x Portable PC wIScanner (192) 5 x Prs. CD StacklDrive (`92) 2 x Modem, 24,000bps (192) 1 x Printer, OKI 292 Type of maintenance D = Digital on-site service X a Gaylord Express exchange. Temporary replacement unit by the next business day. M = MamaUcturer's Warranty. Uhrary pays cost of shipping. No replacement while at repair. ** To upgrade from Manufacturer's Warranty to Digital On-site Service, please call Gaylord's After-Market Sales for a quote: 800-962-9580, ext. 233 or ext. 355. Annual Total Quarterly Rate Maintenance Period Commencing A, t y' } $23,330.00 $5,832.50 01/01/97 3 ACCEPTED FOR GAYLORD BY TITLE DATE r DATE _' PD1 ltm ti Clearwater City Commission Meeting Data: 11.Z. -3 ? Agenda Cover Memorandum SUBJECT: Board of Trustees of the Clearwater Police Supplementary Pension Plan RECOMMENDATION/MOTION: Re-appoint Roy R. May to the Board of Trustees, Clearwater Police Supplementary Pension Plan to and that the appropriate officials be authorized to "acute same. BACKGROUND: o In keeping with the provisions of Florida Statute 185.05, which states in part..."the board of trustees shall consist of five members, two of whom, unless otherwise prohibited by law, shall be legal residents of the municipality, who shall be appointed by the legislative body of the municipality..." v On January 3, 1995, Roy R. May (867 Island Way, Clearwater) was appointed by the City Commission to serve on the Board of Trustees of the Police Supplementary Pension Plan for a period of two years. a At a meeting of the Board of Trustees of the Clearwater Police Supplementary Pension Fund held on August 12, 1996, the Board unanimously agreed to recommend that Roy R. May be re- appointed to serve a two (2) year term as trustee. Mr. May stated that he would accept re- appointment. The term of appointment would be from November 1, 1996 through October 31, 1998. Reviewed toy: Originating Dept: Costs: - 0 - Coss:ission Action: Legat Bud et {iSe Total 0 Approved g chasin P (2 13 Approved w/conditions g ur Risk Mgmt. fleet a Current Fiscal Yr. O Denied cis ACii SI T Funding Source: 0 Continued to- other - 17 capital tap. Advertised: 0 Operating Attacioents: Date: [] other Papers 0 N t R d i equ re o t Affected Parties Appropriation Codes 0 Mona ' 0 Notified ??`? 0 Not Required C ar?s er : 1?W---'P-r1nt*d on recycled paper r r Caeaxwater City Commission Agenda Cover Memorandum i tee ? ?..> Meeting Data: SUBJECTS CLEARWATER PEDESTRIAN SAFETY AND ENFORCEMENT PROJECT RECOMMENDATION/MOTION: Approve acceptance of a one year grant for fiscal year 1996/97, in the amount of $78,750.00, from the State of Florida Department of Transportation, State Safety Office 0 and that the appropriate officials be authorised to execute so=. BACKGROUND: • Police Department records show that in 1993, there were 53 pedestrian crashes in the City of Clearwater. In 1995, pedestrian crashes increased to 76, for an increase of 43.4 percent. In addition, the number of fatal pedestrian crashes increased from two in 1993 to four in 1995, for an increase of 100 percent. This project will provide funding for an additional police officer, tasked to pedestrian safety enforcement and education. The goals of the project are to improve traffic safety through reduction of the City's pedestrian crash and fatality rate. In addition, we hope to be better able to address the traffic safety concerns of the citizens of Clearwater, who, in our fifth annual Customer Satisfaction Survey have rated traffic problems second only to burglary. • This grant will fund one additional traffic enforcement police officer, public information materials, bicycle and related equipment, one police cruiser and a notebook computer. This officer, along with other members of the Traffic Enforcement Team will receive specialized training in pedestrian and bicycle enforcement techniques. Further, this training will be available for all community policing officers and Americorps NUCOPS, who will conduct pedestrian and bicycle safety enforcement and education programs in their assigned areas. • The grant-funded officer will be primarily assigned to patrol the beach and downtown areas of Clearwater by bicycle, with a priority of enforcing pedestrian and bicycle statutes. This officer will provide additional training to the newly created Downtown Community Policing Bicycle Unit and will work in conjunction with that unit. Initially, only warnings will be issued to violators. Reviewed by: P originating Dept: Costa: t 83 , 521. QO comission Action: s- Legal Total ? Approved Purchasi u'' S 6 771 ? Approved u/conditions Risk Mgrs User Deft: IL -7 current f sca Yr. 13 Denied Cry ACM Poi Funding Source: 13 Continued to: Other 17 capital tsp. AdvertiwW: ? operating Attact eentst ' Date: P ® Other 181-94381 Florida Department of i t Ali apers Transportat on atter of ui © ii t R d October 3 1995 o eq re , Submit 1 Affected Parties 0 Notified Appropriation Codas © N C J ,K 13 ana Not Required t Manager ?1) Printed•on recycled paper . •11?r''r i 1??'??' .it ? . . z ? l °- 3a Through the new computer system in the Department, pedestrian safety brochures will be mailed to violators warned and later to those cited. Also, during this start-up period, the Department will conduct a high profile public information campaign in both electronic and print media, including the Department's "Blueline CPD" cable television show. Pedestrian safety material will also be distributed to local motels and hotels. Pedestrian safety education presentations will be scheduled at local neighborhood centers, mobile home parks and Neighborhood Watch meetings, etc. Press releases will be issued outlining the enforcement activities planned for problem areas - which will be identified through analysis of crash data. • Due to a delay in the award notification from the State, the Department will seek an extension of this grant project. • In kind costs associated with first year start-up of this project which are the responsibility of the City will total $4,771. These funds will be allocated from the Police Department Investigative Costs Recovery fund, code number 181-99329 at the first quarter. This grant may be renewed up to two more fiscal years with share percentages as follows: grant year two - 25% matching funds; grant year three - 50% matching funds. Exact dollar amounts are unknown at this time as the yearly grant amounts are variable. • The police officer position acquired as a result of this grant will not be retained after the conclusion of the grant. The position will be phased out on the basis of attrition from the department's authorized strength. • . The grant application and award documents are available in the City Manager's office for review. 1 r FL R?IDA 00MA OR r DEPARTMENT OF TRANSPORTATION 605 5~noe %vt Tagah"nr, nod& ,52W. 0 30 ZZA a. I"TM 3 SUR"AW October 3, 1996 Elizabeth Deptula City Manager City of Clearwater P.O. Box 4748 Clearwater, FL 34618 Re: Clearwater Pedestrian Safety and Enforcement Project Project #PS-97-08-02-01 Dear Ms. Deptula: OCT i f'1996 Your application to the Florida Department of Transportation for highway safety funds has been approved. We are pleased to make this award in the amount of $78,750 to your agency for the purpose of providing initial funds for a traffic safety enforcement officer to educate and enforce bicycle/pedestrian laws. A copy of the approved project agreement with the referenced project number and title is enclosed for your file. All correspondence with the Department should always refer to the project number and title. Your attention is directed to Part V of the subgrant entitled "Acceptance and Agreement". These conditions should be reviewed carefully by those persons responsible for project administration to avoid delays in project completion and cost reimbursements. The effective date of the agreement is October 1, 1996 and only those costs incurred on or after that date are eligible for reimbursement. We look forward to working with you on this project. If you have any questions or need assistance, please contact Ms, Connie Peale at (904) 488-5455, who will be coordinating this activity. Sincerely, ?lrG? George E. Rice, Jr. `V State Safety Engineer GERIct Enclosures cc: Sid Klein Margaret L. Simmons Steven Burch Thomas Enright. \ M [CYCLED PAPFM i i E F LFLF RI}DA DEPARTMEM OF TRANSPORTATION L/NIR OR 005 Suwannee SUreL Tatlaha.mm rk rich 3259%0450 S[A U. WATTS October 3, 1996 1` Elizabeth Deptula City Manager City of Clearwater P.O. Box 4748 Clearwater, FL 34618 Re: Clearwater Pedestrian Safety and Enforcement Project Project #PS-97-08-02-01 Dear Ms. Deptula: Off 1 f' 1996 Your application to the Florida Department of Transportation for highway safety funds has been approved. We are pleased to make this award in the amount of $78,750 to your agency for the purpose of providing initial funds for a traffic safety enforcement officer to educate and enforce bicyclelpedestrian laws. A copy of the approved project agreement with the referenced project number and title is enclosed for your file. All correspotidence with the Department should always refer to the project number and title. Your attention is directed to Part V of the subgrant entitled "Acceptance and Agreement". These conditions should be reviewed carefully by those persons responsible for project administration to avoid delays in project completion and cost reimbursements. The effective date of the agreement is October 1, 1996 and only those costs incurred on or after that date are eligible for reimbursement. We look forward to working with you on this project. If you have any questions or need assistance, please contact Ms. Connie Peale at (904) 488-5455, who will be coordinating this activity. Sincerely, George E. Rice, Jr. State Safety Engineer GER/ct Enclosures cc: Sid Klein Margaret L. Simmons Steven Burch Thomas Enright k ii[CYCL[0 N. 500.065.01 Safety oar -00!44 le 19.7rojet t Number: Subgrant Application for Dot Document'Nuttiber: ' Highway Safety Funds Subgt"it Period: Fedeiii Hinds Allocated:. Date Approved: ? WIL r St f n id ; . ate o . or a ? Stibgrapt'! Department of Transportation (2) ' State Safety Office 0) Part I: GENERAL ADMINISTRATIVE INFORMATION (See ksmx6ons for Highway Safety Subgrent AppFrcadons,) 1. Project "stale: Clearwater Dili Enforcement Project 2. Type of Application (X) 1[nit3al () Continuation b i 3 R d P d O 1 k grant er . equeste Su o : do r , 1996 to September 30, 1997 4. Support Matching ?Tota-l Sought: $162,100.00 Shire: _$ 23,936.00 Budget: $ 186,036.00 5. Applicant: 6. Implementing Agency: City of Clearwater Clearwater Police Department P.O. Box 4748 Sid Klein, Chief of Police Clearwater, F1 34618 644 Pierce Street Telephone: (813)462-6262 Clearwater, F7 34616 Telephone:(813) 462-6262 7. Fedie ral 1[D Number. 8. State SAMAS Number: 59-6004-259 NIA 9. Chief Financial 0171cer: 10. Project Director. Margaret L. Simmons, Finance Director Sergeant Steven Burch Finance Department City of Clearwater Traffic Enforcement Team P.O. Box 4748 Clearwater Police Department' Clearwater, FI 34618 644 Pierce Street TeIephone:(813)562-4530 Clearwater, Fl 34616 Telephone:(813) 462-6021 Catalog of Fad" Domestic Assistants Humber - 20.600 11. proloct Summary: Briefly describe the problem and tits proposed solution. The City of Clearwater has the third highest DUI crash rate in the county. Currently the Traffic Enforcement Team has five (5) allocated positions, of these. throe are assigned to DUI enforcement. This project will Increase the total number of officers assigned to DUI enforcement to five 15). To k=aase effidency these two additional officers will be assigned to vehicles equipped with in car video. As part of this project the Clearwater Police Department will conduct a PI&l: and enforcement campaign In conjunction with the Pinellas County Community Traffic Safety Team. Tho Goal of project lie to raduce the DUI crash rate. by increasing arrests and public awareness. CV Part II: PROJECT PLAN AND SUPPORTING DATA State clearly and in detail the alms of the project, precisely what will be done, who will be involved, and what is expected to result. Use the following major headings: 1. Statement of the Problem 2. Proposed Solution 3. Objectives 4. Evaluation 5. Milestones (Use form provided) Start below and use continuation pages as necessary. PROBLEM: The city of Clearwater is. the second largest city in Pinellas County. Clearwater has a year around population of approximately 100,000, which increases by 20,000 during tourist season. Currently the Clearwater Police Department has an authorized strength of 252 sworn officers. The Traffic Enforcement Team is currently staffed by five officers and a Sergeant. Traditionally, the team has been assigned to night hours for DUI enforcement. In late 1994, two officers were assigned to day hours to address the traffic complaints and enforcement problems occurring during daylight hours. As a result of this attempt to address these problem areas, DUI arrests for the team dropped by 14 percent during 1995. An analysis of the traffic crash data indicates that Clearwater has the third highest alc ?11 related crash rate in Pinellas County - 12.59 percent. In fact, this rate has been grosing steadily over the past several years. Preliminary data for 1995 indicates that five of the eleven fatalities in Clearwater for this year were alcohol related. This equates to a 45 percent alcohol related fatality rate, which is higher than the state average of 35.30 percent. In 1993, the Department formed a county-wide Drunk Driving Coalition, which later grew into a Community Traffic Safety Team. Through this organization, we have participated in twelve joint DUI enforcement operations throughout the county and will continue to participate. Although these operations have netted a total of 120 DUI arrests, it is apparent that we need to be able to adequately enforce the DUI laws in Clearwater on a daily basis. SOLUTION: The Clearwater Police Department is proposing a three-year program to reduce both the alcohol related fatality and crash rates. This program would entail funding two additional officer positions to bring the staff of the DUI unit up to a total of five officers., In addition to enforcement duties in the city of Clearwater, these officers would also participate with other members of the Pinellas County Community Traffic Safety Team in joint DUI enforcement activities throughout the county. . DUI Enforcement Grant Paae 2 of 3 Wo racilltmte our joint CTSP operations, we would also Book funding for an electronic message board. In the past we had borrowed one from the Department of Transportation. However, they had required that the Florida Highway Patrol participate in the operation. This limited our operations to when the FHP would be available. Although the FHP recently acquired a message board, this one board must meet the needs of four counties, This message board would also be a part of our public information campaign. It would be 4oployed at least one weekend a month at various locations throughout the city, displaying a `o I prevention message. Members of tine DUI unit would conduct monthly DUI awareness and education programs in local .schools, Neighborhood Watch groups, and civic organizations. In addition to the message board and presentations, the Department will develop public service announcements to be aired on Clearwater's Cable TV channel. Other PI&E efforts would include printing DUI prevention materials to be mailed in utility bills, and traffic citation envelopes. These materials would be available to other members of the CTSP. COALS: (Three year period 1. Reduce the alcohol related crash rate to at or below the current state average of 12.10 percent. 2. Reduce the alcohol related fatality rate to 35 percent. OBJECTIVES: A. Increase DUI arrests for the Traffic Team by 50 percent. H. A minim- of thirty-eight (38) DUI arrests by each grant funded officer in the first fiscal year. C. Increase department-wide DUI arrests by 10 percent. D. Make fifteen DUI prevention presentations. E. Host four DUI checkpoints and participate in three other joint DUI enforcement operations through the CTSP. EVALUATION: The current Alcohol crash rate for Clearwater as of 1995, is 12.59 percent. This is a three year project and due to start time during the first year, a true measure would be a minimum of maintaining our current rate. 2. Same as above. OBJECTIVES: A. In 1995, the Traffic enforcement beam accounted for 154 of the total DUI arrests made by the Clearwater Police Department. With the addition of these two grant funded positions, it is our goal to increase the number of DUI arrests made by the Traffic Enforcement Team, by fifty percent in the first year. This would be an increase of seventy-seven (77) DUI arrests over 1996, or 38 per officer. This number is low due to start time, which is anticipated to take approximately three months. B. This standard is the same as Objective A. C. In 1995 officers of the Clearwater Police Department made 514 DUI arrests. It is anticipated that these two additional officers and the planned enforcement activities (checkpoints and wolfpacks) will increase the department's DUI arrests by at least 10 percent over last year. This would be an increase of fifty-two (52)arrests. D. Members of the Traffic Enforcement Team will conduct fifteen (15) DUI prevention presentations during the first fiscal, year of the project. These presentations will include the following: + Victin Impact panel presentations (aimed at the repeat offender) * Presentations in each of Clearwater's two high schools 0 Presentations to Neighborhood watch groups I of 17 ,, ,: x ,. ,=t t. ? . ?? .?; ' ??, :,; ?; ' .?:; ?? . ,,.,. y ,. -f, ,,. .. a ? . j ? .. ti_: }'' ? . . . `-z,' ? 4 ?1: ' " T ? ? F ? ` ? , ,^?-?, i i .? t i I 1 1' a ca cn N x x 4r 14 a ? x x ,c aJ h x x z -1 ? x ? $4 o 40 a x x N , m a a w a x a x x +' i e $4 an , a w x c C x x x x x u w N ° x x x x as 4 ftl a x x x 41 U) ? x x w as c o a? u a • a+ a H w r? to 0 r. d -l H r -I N 9 a r U • 44) U 44) W p W r? 4s 4) N n a, y 4 4J (d u U u P` i o • m b b m a o 0 t!1 R+ W G1 U U r •? r- r4 44 0 un 4 r 3 F i I I ¦ f Part III: PROJECT DETAIL BUDGET Attach detailed narrative defining coat for each category. Refer to instructions. FEDERAL NON-FEDERAL BUDGET CATEGORY TOTAL (402 funding) STA'T'E LOCAL A. Salaries and Benofits $66,795.00 $66,795.00 Two Officers Sub-total $66,795.00 $66,795.00 B. Other Personal Services 0 00 0 00 None . . Sub-total 0.00 0.00 C. Expenses Installation of video equipment $ 250.00 $ 250.00 Blank video tapes $ 334.00 $ 334.00 Public Information Brochures, Posters, Etc. $ 4,000.00 $ 4,000.00 Uniforms $ 3,082.00 $ 00.00 $3,082.00 Sub-total $ 7,666.00 $'4,584.00 $3,082.00 D. Operating Capital Outlay Two equipped Police Vehicles $ 61,068.00 $ 57,074.00 $3,994.00 Two radar systems $ 4,000.00 $ 4,000.00 Two In car video systems $ 6,500.00 $ 6.500.00 One Electronic message board $ 22.747.00 $ 22,747.00 $ 400.00 $ 400.00 One Portable breath Test Device Weapons $ 960.00 $ 00.00 $ 960.00 Radios $ 8,500.00 $ 00.00 $ 6,500.00 Notebook computers $ 10,400.00 $ 00.00 $10,400.00 $111,575.00 $ 90,721.00 $20,854.00 Sub-total Data Processing Services 0.00 0.00 None Sub-total 0.00 0.00 F. Indirect Costs None 0.00 0.00 Sub-total 0.00 0.00 $186,036.00 $162,100.00 $23,936.00 Total Cost of Project 6of17 Budget Narrative The following is a narrative description of the project budget by line item by category, detailing the item and anticipated cost. Each category must be sufficiently defined to show coat relationship to project objectives. Attach additional sheets as needed. Salary s Benefits: Two DUI enforcement Officers Salary Z Benefits 2 @ $ 33,397.00 Sub Total 99,174. 0 Other Personal Services: None N/A ExEsenaes: • ' Installation of in-car video equipment ., Two now vehicle installations 2 8 105.00 $ 250.00 Blank DUI Video tapes 300 a 1.67 each $ 334.00 Public Information Banners, Posters, Brochures, etc. 4,000.00 Sub Total $ 4,58476T LQftrating Ca ita.l Outla : "P' o equipped Police Vehicles, lights, siren, markings I radios, screan, computer stand, etc. $ 57,074.00 Two radar systems, Dual antenna moving radars with video interface: Three in car video systems, modular, color camera Dual airbag compatible One portable breath test device one Electronic message board, CMST 331 solar powered board (State Contract P9883 price) Sub Total Data Processinc cost: None indirect coats: None TOTAL COSTS: Y 7 of 17 $ 4,000.00 $ 6,500.00 400.00 $ 22,74.7.00 $__90,72_1_. .. N/A N/A $ 162,100.00 0\J t ?_ FQ3tM SOOOGSOl SAFETY OGC . 09!41 2 m ? CM d W 00 0 0 . E m d v7 .C v Ak ? cm O a v '00 W ? U o ? c '.°. it F cd .r. ? a b d m ? ? M M? m? z? ?m a ? d m c 0 v •a 13 c 7 .O p p C CL 0 O r A a O , 0 ;a v cm Q m C a E 4 we a1 V a y v n to EV O O 'a e x 010 o '? o o a m ?y Z t» Z .0 Z Z 0 C a S Mr O Rr a d 44 0 Cl FORM SM-063-01 SAFM 00C • 09M Part IV: REPORTS Quarterly Progress Report Narrative for the quarter. Project Title: Clearwater DUI Enforcement _ Project Project Number: Implementing Agency: City of Clearwater Police Department Project Director: Sergeant Steven 'Burch Briefly describe the subgrant activities that took place during the quarter. Attach additional sheets if necessary, The Quarterly Progress Report of Performance Indicators should be sent to the DOT Safety Office along with this narrative at the end of each quarter. i 10 of 17 i roRM $00465-01 SAFETY OGC • 09M STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE SAFETY OFFICE Part V: ACCEPTANCE AND AGREEMENT Conditions of Agreement. Upon approval of this subgrant, the approved application and the following terms and conditions shall become binding. Noncompliance may result in loss of, or delays in cost reimbursement. 1. Reports. The subgrantee shall submit Quarterly Progress Reports (See Instructions for Submitting Quarterly Progress Reports) including Performance Indicators and a Narrative Statement detailing project status, to the State Safety Office by January 31, April 30, July 31, and October 31 covering the subgrant activity for the previous quarter. The subgrantee shall submit a Final Narrative Report, giving a full chronological history of the subgrant, problems encountered, and major accomplishments in addition to specifically addressing the subgrant objectives and performance indicators and the current and future planned activities of the program within 30 days after the termination of the project as well as other reports in a form as may be prescribed and may be reasonably required by the Department. A final financial request for reimbursement must be submitted to the Department within 30 days of the subgrant termination period. Such request must be distinctly identified as Final. Failure to comply will be grounds for forfeiture of reimbursement. 2. Responsibility of Subgrantee. The subgrantee must establish fiscal control and fund accounting procedures which assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All monies spent on this project will be disbursed in accordance with provisions of the project budget as said budget was approved by the Department. All expenditures and cost accounting of funds shall conform to 49 CFR 18, Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments (Revised A-102) and A-87, or OMB Circulars A-110 and A-21, in the entirety. All funds not spent in accordance with this agreement will be subject to repayment by the subgrantee. 3. Compliance with Section 287.055, Florida Statutes. The subgrantee, when applicable, agrees to satisfy all requirements provided in Section 287.055, Florida Statutes, known as the Consultant's Competitive Negotiation Act. 4. Approval of Consultant Agreements. The Department of Transportation shall review and approve in writing all consultant agreements prior to the actual employment of the consulting firm. Approval of the subgrant agreement does not constitute approval of a consultant agreement. 5. Allowable Costs. The allowability of costs incurred under any subgrant shall be determined in accordance with the general principles of allowability and standards for selected cost items set forth in National Highway Traffic Safety Administration Order 462-13A, Principles for Determining Costs Applicable to Grants and Contracts with State and Local Governments, Office of Management and Budget Circular No. A-87, Cost Principles Applicable to Grants and Contracts with State and Local Governments, Office of Management and Budget Circular No. A-21, Cost Principles for Educational Institutions or OMB Circular A-122, Cost Principles for Non-Profit Organization. All procedures employed in the use of Federal funds for the procurement of services, supplies, or equipment, must be in accordance with Section 18.32 (Procurement) of 49 CFR 18 (Revised A-102), or Attachment O of OMB Circular No. A-110 and Florida law to be eligible for reimbursement. 6. Travel. All travel for out of state or out-of-grant-specitied work area shall require written approval of the Department prior to commencement of actual travel. Travel costs for approved travel will be reimbursed in accordance with regulations applicable to the subgrantee, but not in excess of provisions in Section 112.061, Florida Statutes. 11 of 17 01 r FOAM 300-063-01 SAFETY OGC • 09194 7. Written Approval of Changes. Subgrantees must obtain prior written approval from the Department for changes. For example: (a) Changes in project activities, design's, or research plans set forth in the approved application. (b) Changes in budget items and amounts set forth in the approved application. 8. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse subgrantees will be subject to the availability to the availability of Federal Highway Safety funds and an annual appropriation by the Legislature. As approved in 49 CFR, Part 29, subgrantees shall not be reimbursed for the cost of goods or services received from contractors, vendors, or individuals suspended or debarred form doing business with the Federal government. 9. Commencement of Projects. If a project has not commenced within 30 days after the acceptance of the subgrant award, subgrantees will report by letter the steps taken to initiate the project, the reasons for delay, and the expected starting date. If, after 60 days from the acceptance of the award, project activity as described herein has not begun, a further statement of implementation delay will be submitted by the subgrantee to the Department of Transportation. Upon receipt of the 60-day letter, the Department may cancel the project and reobligate the funds to other program areas. The Department, where warranted by excusable delay, may extend the implementation date of the project past the 60 day period, but only by formal written amendment to the agreement. 10. Excusable Delays. (a) Except with respect to the defaults of consultants, the subgrantee shall not be in default by reason of any failure in performance of this agreement in accordance with its terms if such failure arises out of causes beyond the control and without the fault of negligence of the subgrantee. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusual,,-- severe weather, but in ever case the failure to perform must be beyond the control and without the fault or negligence of the subgrantee. If the failure to perform is caused by the failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of the subgrantee and consultant, and without the fault or negligence of either of them, the subgrantee shall not be deemed to be in default, unless (1) the supplies or services to be furnished by the consultant were obtainable from other sources, (2) the State Safety Office shall have ordered the subgrantee in writing to procure such supplies or services from other sources, and (3) the subgrantee shall have failed to comply reasonably with such order. (b) Upon request of the subgrantee, the State Safety Office, shall ascertain the facts and extent of such failure and, if it shall be determined that any failure to perform was occasioned by any one or more of the said causes, the delivery schedule shall be revised accordingly. 11. Obligation of Subgmt Funds. Subgrant funds may not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant application are eligible for reimbursement. A cost is incurred when subgrantee's employee or consultant performs the service required, or when goods are received by the subgrantee, not-withstanding the date of order. 12. Performance. In the event of default, noncompliance, or violation of any provision of this agreement by the subgrantee, the subgrantee's consultant(s) and supplier(s), or both, the Department of Transportation shall impose such sanctions as it deems appropriate. Such sanctions include withholding of payments, cancellation, termination, or suspension of the agreement in whole or in part. In such an event, the Department shall notify the subgrantee of such decision 30 days in advance of the effective date of such sanction. The subgrantee s shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 12 of 11 FORM 3m-M-01 SAFETY r110? km) 13. Access to Records. The Department, NHTSA, FHWA, and the Auditor General of the State of Florida, or any of their duly authorized representatives, shall have access for the purpose of audit and examination of books, documents, papers, and records of the subgrantee, and to relevant books and records of subgrantees and contractors, as provided under Section 402(1) of the Highway Safety Act of 1966, Public Law 89-564, as amended. The Department shall unilaterally cancel this subgrant if the subgrantee refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made received by the subgrantee in conjunction with the subgrant. 14. Audit. Acceptance of this agreement constitutes subgrantee assurance that all provisions of OMB Circular NO. A-128, Audits of State and Local Governments, OMB Circular A-133, Audits of Institutions of Higher Education and other Nonprofit Organizations, or OMB Circular No. A-110, Attachment F. will be met as they pertain to audit requirements. In addition, the Federal Highway Safety subgrant funds are to be clearly identified in the audit report. As a minimum, a schedule comparing budgeted and actual subgrant cost is required. Failure to furnish an acceptable audit as determined by the State or cognizant Federal audit agency may be a basis for denial and refund, or both, of Federal funds. Federal funds determined to be misspent are subject to refund or other resolution regardless of disclosure in the audit report. 15. Procedures for Reimbursement. All request for reimbursement of subgrant costs must be submitted on forms provided by the Department (DOT 508-065-04 thru 07, which are hereby incorporated by reference under rule 14-98.008). Appropriate documentation supportive of the reported costs must accompany each claim. Requests should be submitted on a regular basis as costs are incurred. All requests for reimbursement for Operation Capital Outlay items having a unit cost of $5,000 or more and a useful life of one year or more must be accompanied by a complete inventory listing for those items. Payment of the claim will not be made before receipt of the applicable inventory listing (Nan-Expendable Property Accountability Record, DOT 500. 065-09, which is hereby incorporated by reference). 16. Retention of Records. All records and financial documents must be nuintained for minimum period of three years for the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 17. Ownership of Data and Creative Material. The ownership of material, discoveries, inventions and results developed, produced, or discovered by the agreement are governed by the terms of Section 18.34 (Copyrights) of 49 CFR 18 (Revised A-102) or OMB Circular A-110, Attachment N, Paragraph 8, hereby incorporated by reference. 18. Property Accountability. The subgrantee shall establish and administer a system to control, protect, preserve, use, and maintain and dispose of any property furnished it by the Department, or purchased pursuant to this agreement in accordance with Federal Property Management Standards as set forth in Section 18.32 (Equipment) of 49 CFR 18 (Revised A-102) or OMB Circular A-110, Attachment N. This obligation continues as long as the property is retained by the subgrantee, notwithstanding the expiration of this agreement. 19. Disputes. Any dispute, disagreement, or question of fact arising under the agreement shall be decided by the Department in writing and shall be distributed to parties concerned. A written appeal may be made within 30 calendar days to the Governor's, Highway Safety Representative at the Florida Department of Transportation, 605 Suwannee Street, M.S.-57, Tallahassee, Florida 32399-0450, whose decision is final. The subgrantee shall proceed diligently with the performance of the agreement and in accordance with Department decision. 20. Conferences, Inspection of Work. Conferences may be held at the request of any party to this agreement. Representatives of the Florida Department of Transportation or the U.S. Department of Transportation, or both. shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time. 13 of 17 () \J e, r FORM 300-0h1-01 SAFELY OGC .09M 21. Publication and Printing of Reports. (a) Before publication or printing, the final draft of any report or reports required under the agreement or pertaining to the agreement shall be submitted to the State Safety Office for review and concurrence, (b) Each publication or other printed report covered by Paragraph 21.a, above must include the following statement on the cover page: (1) This report was prepared for the State Safety Office, Department of Transportation, State of Florida in cooperation with the National Highway Traffic Safety Administration, U.S. Department of Transportation and/or Federal Highway Administration, U.S. Department of Transportation. (2) The conclusions and opinions expressed in these reports are those of the subgrantee and do not necessarily represent those of the State of Florida, Department of Transportation, State Safety Office, the U.S. Department of Transportation or any other agency of the State or Federal Government. 22. Equal Employment Opportunity. No person shall, on the grounds of race, creed, color, or national origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under subgrants awarded pursuant to P.L. 89-554, or any project, program, activity, or subgrant supported by such requirements of Title VI of the Civil Rights Act of 1964, and all applicable requirement pursuant to the regulations of the Department of Commerce, Title 15, Code of Federal Regulations, Part 8, which have been adopted by the U.S. Department of Transportation„ 23. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, Florida Statutes, the subgrantee shall be required to defend, hold harmless and indemnify the State of Florida, the Department of Transportation, the National Highway Traffic Safety Administration, the Federal Highway Administration, and the U.S. Department of Transportation, from all claims and liability, or both, due to the negligent acts of subgrantee, subcontractor(s), consultant(s), or subgrantee's agents or employee(s). The subgrantee shall be liable for any loss of, or injury to, any material developed or serviced under this subgrant agreement which iF caused by the subgrantee's failure to exercise such care in regard to said material as a reasonable careful owner of similar materials would exercise. 24. Disadvantaged Business Enterprises. The subgrantee agrees to include the following statement in all agreements, and in all contracts which are financed in whole or in part with Federal funds provided under this agreement with the subgrantee: (a) Required DBE Contract Clauses: (1) Policy. It is the policy of the U.S. Department of Transportation that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts on subcontracts financed in whole or in part with Federal funds provided under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. (2) DBE Obligation. The recipient or its contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantage business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of U.S. DOT-assisted contracts. 14 of 17 FORM X0.06S.01 SAFETY OW . 09A4 ,1'0? 25. Restrictions on Lobbying. The recipient agrees to comply with Section 319 of Public Law 101-121 as provided for in the Governmentwide Guidance For New Restrictions on Lobbying; Interim Final Guidance published in the December 20, 1989, Federal Register. Each person shall file the most current edition of this certification and disclosure form, if applicable, with each submission that initiates agency consideration of such person for an award of a Federal contract, grant, or cooperative agreement of $100,00 or more; or Federal loan of $150,000 or more. This certification is a material representation of fact upon which reliance was placed when this transaction was trade or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned certifies, to the best of his or her knowledge and belief, that: 1 0 t (a) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the nWdng of any Federal grant, the making of any Federal loan, the entering into of any renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any non-federal funds have been paid or will be paid to any person for influencing or attempting to influence an officer of'employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Federal Standard Form aLLL, Disclosure of Lobbying Activities, in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers and that all subrecipients shall certify and disclose accordingly. (d) No funds granted hereunder shall be used for the purpose of lobbying the legislature or state agencies. Section 215,347, Florida Statutes. 26. How Agreement Is Affected by Provisions Being Held Invalid. If any provision of this Agreement is held invalid, the remainder of this Agreement shall riot be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 27. Federal Requirement for Public Service Announcements. All public service announcemepts produced with Federal Highway Safety finds must be closed captioned for the hearing impaired. 28. Officials Names on Printed Materials and Promotional Items. The name of the Implementing Agency and the Agency's logo can be used on printed materials -and promotional items. The names of individuals connected with the Subgrant Agency and the Implementing Agency shall not appear on printed materials and promotional items paid for with Federal Highway Safety funds. 15 of 17 \J-Q- C r`ORM 700.065-01 5AFEfY OGC • 091" 29. Term of Agreement. All subgrant agreements shall begin on the date of the last party to sign and shall end on September 30, following. 30. Buy America Act. The subgrantee and its contractors will comply with the provisions of the Buy America Act. The U.S. DOT reference to the Buy America Act is 23 U.S.C. 101 Note and the Federal governmentwide reference is 23 U.S.C. 10a. 31. Special Conditions. A. The Chief of Police will send a letter to the Safety Office after the award of the subgrant certifying that two new positions were created within the implementing agency as a result of the subgrant being awarded. B. When invited to participate in sobriety checkpoints, the agency will, when possible, schedule the officers to participate in the checkpoint as part of their regular shift. C. The Chief of Police will send the Safety Office a letter stating that it is the policy of the Clearwater Police Department to use the subgrant-funded portable breath tester only for the enforcement of 322.2616, F.S., until such time as the Florida Legislature amends 316.1932, F.S., to allow portable breath testers to be used in field sobriety testing. 16 Of 17 I-T WITNESS WHEREOF, the parties affirm that they have each read and agree to the conditions yet forth in Part V of this Agreement, that each have read and understand the Agreement in its entirety. Now, therefore, in consideration of the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials on the day, month, and year set out below. SUBGRANTEE City of Clearwater Name of Applicant Agency Typed By: S! ure o Authorized Representative Elizabeth De tula Authorized Representative's Name Typed Title: City Mana er Date: g -/ -7 • 9 C, Attest: 6 i &-" ?tj Signature of Witness ADMINISTRATOR OF IMPLEMENTING AGENCY By: - D-411a4-1? Signature of Administrator Sid Klein Administrator's Name Typed Title NOTE: No whiteout or erasures accepted on this signature page. 17 of 17 RECYOM PAM ' ??1 If J , :i.° e?> .;_,LVt<,`si,?.''I'?,,?'t'1'p•z1z ?:;t.???a"ftl•': i•;'!2'',?;??x '1'1'J1 ,• .: - ... , +?f e ,zl iF •, iu u.l'I . y It fy !f? r• I? • x{41` .. ,'- C: r raj Ir, Y+ ' •j is '.. i L? SS t f s ?? PD3 Clearwater City Commission Agenda Cover Memorandum Item 0 Besting Dates 11' 3-3 SUBJECT I CLEARWATER DUI ENFORCEMENT PROJECT RECQM M=ATION/HOTXONt Approve acceptance of a one year grant for fiscal year 1996/97, in the amount of $162,100 from the State of Florida Department of Transportation, State Safety Office ® and that the appropriate officials be authorized to execute sane. RACKGROUND s • In 1995, for the first time in ten years, fatalities from DUI crashes increased Nationwide by four percent. In Florida this rate increased by 2,3 percent. Clearwater has the third highest total alcohol related crash rate in Pinellas County. It is the goal of this grant to reverse this trend, through increased enforcement and public education. In addition, we hope to be better able to address the traffic safety concerns of the citizens of Clearwater, who, in our fifth annual Customer Satisfaction Survey have rated traffic problems second only to burglary. • This grant will fund two (2) additional police officers to increase the staffing of the Traffic Enforcement team. In addition to enforcement duties within the City, these additional officers will also participate with the other members of the Pinellas County Community Traffic Safety Team (an organization founded by the Clearwater Police Department) in joint DUI enforcement activities throughout Pinellas County. • This grant provides additional funding for an electronic message board which will be used during enforcement and public information campaigns. Grant funds will be used to purchase two fully equipped police cruisers, two in-car video systems, two radar systems, a portable breath test device, video supplies, and public information materials. • Activities associated with the grant project include: public service announcements for the City's cable channel, inclusion of printed DUI prevention materials with utility bills, DUI prevention presentations at local neighborhood centers, Neighborhood Watch meetings, high schools, and Victim Impact Panel (aimed at the repeat offender). The Department will also host four DUI checkpoints within the City and participate in three other joint DUI operations with the Pinellas County Community Traffic Safety Team. • Due to a delay in the award notification from the State, the Department will seek an extension of this grant project. Re:Y &AW by; legal 017 Budget Originating Dept: r1% Police 1. - Costs: $186,016.00 Total 3 Comstasfon Action: 0 Approved C] Approved w/conditiwu Purchasing AM iAlsk K"t cis ACK fiber Dept: of ee I 2 .M Current Fiscal Fundiro Source: 17 Denied 17 Continued to: Oth O er Capital Imp. I? i Adiertised; Date: Papers 0 N R f d 0 Operating 0 other 191.49380 Attachments: Florida Department of Transportation tatter of *W re ot tt r:i Affected Parties t i] wotifted 0 Not RoWIred Appropriation Code: 0 Mare Printed on,recycled paper 2 _ In kind costs associated with the first year start-up of this project which are the responsibility of the city will total $23,936. These funds will be allocated from the Police Department Investigative Cost Recovery fund, budget code number 1$1-99329 at the first quarter. This grant may be renewed up to two more fiscal years with share percentages as follows: grant year two - 25% matching funds; grant year three - 50% matching funds. Exact dollar amounts are unknown at this time as the yearly grant amounts are variable. The police officer positions acquired as a result of this grant will not be retained after the conclusion of the grant. The positions will be phased out on the basis of attrition from the department's authorized strength. The grant application and award documents are available in the City Manager's office for review. r r FLORIDA DEPARTMENT OF TRANSPORTATION' UlM70f1 C?tQtJ 603 &rwrmoe Street Ts1Wwsme, MorWs 373990450 RM U.1 a"s 4oYtit" bECil>:TAM October 3, 1996 Elizabeth Deptula " City. of Clearwater P.O. Box 4748 OCT 1 1 s 1996 Clearwater, FL 34618 Re: 'Clearwater DUI Enforcement Project Project # AL-97-05-09-01 Dear Ms. Deptula: Your application to the Florida Department of Transportation for highway safety funds has been approved. We are pleased to make this award in the amount of $162,100 to your agency for the purpose of providing funding for two DUI enforcement positions. A copy of the approved project agreement with the referenced project number and title is enclosed for your file. All correspondence with the Department should always refer to the project number and title. Your attention is directed to Part V of the subgrant entitled "Acceptance and Agreement". These conditions should be reviewed carefully by those persons responsible for project administration to avoid delays in project completion and cost reimbursements. The effective date of the agreement is October 1, 1996 and only those costs incurred on or after that date are eligible for reimbursement. We look forward to working with you on this project. If you have any questions or need assistance, please contact Mr. Roger Doherty at (904) 488-5455, who will be coordinating this activity. Sincerely, George E. Rice, Jr. State Safety Engineer GERlct Enclosures cc: Sid Klein Margaret L. Simmons Steven Burch, Thomas Enright MmY^lED f ? -aIM'{?i'F4-+.F-/,.Y:.!?..\?.4?,.:M-14?JJ.Y M.S:?.M-IY..acw•rv.RR.?r.: A. ? ax.. C4... ?-_.. «.... _. . nor . . r r .. FLORIDA DEPARTMENT OF TRANSPORTATION "*TM C21s 601 Suwmt ice Street. Tallahaism Mr1ds 52.1?W UrA G. tiAV" OOM1 mrm SECRLTAI?Y October 3, 1996 Elizabeth Deptula City of Clearwater P.O. Box 4748 OC T 1 1996 Clearwater, FL 34618 Re: Clearwater DUI Enforcement Project Project # AL-97-05-09-01 Dear Ms. Deptula: Your application to the Florida Department of Transportation for highway safety funds has been approved. We are pleased to make this award in the amount of $162,100 to your agency for the purpose of providing funding for two DUI enforcement positions. A copy of the approved project agreement with the referenced project number and title is enclosed for your file. All correspondence with the Department should always refer to the project number and title. Your attention is directed to Part V of the subgrant entitled "Acceptance and Agreement". These conditions should be reviewed carefully by those persons responsible for project administration to avoid delays in project complction and cost reimbursements. The effective date of the agreement is October 1, 1996 and only those costs incurred on or after that date are eligible for reimbursement. We look forward to working with you on this project. If you have any questions or need assistance, please contact Mr. Roger Doherty at (904) 488-5455, who will be coordinating this activity. Sincerely, George E, Rice, Jr. State Safety Engineer GER/ct Enclosures cc: Sid Klein Margaret L. Simmons Steven Burch Thomas Enright @RICULK0 ?An R ' '' ?w.aw.ra!?:iS:°>}:s ..,?-?.??1.i .'?a•i.. ?..n. ... ..r r . -'?------' c..l? t }i E t 500.065.01 Safety OCC -09/94 Project Nwnber: Subgrant Application for ` 'Dot Document Number; Highway Safety Funds ?tki Subgrant Period: .r Federal.firnds Allocated: Date Approved: State of Florida Subgrant Department of Transportation State Safety Office Part I: GENERAL ADMINISTRATIVE INFORMATION 1Sea instructions for uighway Safety Subgrant Appreadons,) 1. Project Title: Clearwater Pedestrian Safety and Enforcement Project ti t"oa nua i 2. Type of Application (X) Initial () Con t t S b 30 1997 be ep em er o , r 1, 1996 3. Requested Subgrant Period: Octo 4. Support Matchin otal d are: _$4,771.00 Budget: $ 83,521.00 Sought: _$ 78,750.00 5. Applicant: 6. Implementing Agency: City of Clearwater Clearwater Police Department P.O. Box 4748 Sid Klein, Chief of Police Clearwater, Fl 34618 644 Pierce Street Telephone: (813)462-6262 Clearwater, Fl 34616 Telephone:(813) 462-6262 7. Federal ID Number: 8. State SAMAS Number: 59-6000-289 NIA 9. Chief Financial Officer: 10. Project Director: Margaret L. Simmons Finance Director Sergeant Steven Burch Finance Department City of Clearwater Traffic Enforcement Team P.O. Box 4748 Clearwater Police Department Clearwater, F1 34618 644 Pierce Street Telephone: (813)562-4530 Clearwater, Fl 34616 Teleplone:(813) 462-6021 Catalog of Fedora) Domestic Assistance Number - 20.600 11. Project Summary: Briefly describe the problem and the proposed solution. The City of Clearwater has soon a 29 percent increase in pedestrian traffic crashes. In addition, Podesulan fatal crashes increased by 50 percent in 1995 for a total of four 141 only one of which involved an Impaired pedestrian. This project would provide for one officer to be assigned to the Traffic Enforcement Team. This officer would be assigned to bicycle patrol of our congested downtown and beach districts to enforce pedestrian/bicycle violations, The Clearwater Police Department would also conduct a PI&E campaign in conjunction with the Pinellas County Community Traffic Safety Team. Data from pad/bike crashes would be analyzed and shared with engineers through CTST. Part 11: PROJECT PLAN AND SUPPORTING DATA State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected to result. Use the following major headings: -~ 1. Statement of the Problem 2. Proposed Solution 3. Objectives 4. Evaluation 5. Milestones (Use form provided) Start below and use continuation pages as necessary. The city of Clearwater is the second largest city in Pinellas County. Clearwater has a year around population of approximately 100,000, which increases by 20,000 during the tourist season. Currently the Clearwater Police Department has an authorized strength of 252 sworn officers. The Traffic Enforcement Team is currently staffed by five officers and a sergeant. Traditionally, the team has been assigned to night hours for DUI enforcement. In late 1994, two officers were assigned to day hours to address the traffic complaints and enforcement problems occurring during daylight hours. An analysis of the traffic crash data indicates that Clearwater has had a dramatic increase in pedestrian crashes. In 1993, there were 53 pedestrian crashes in the city, which resulted in 2 fatalities. In 1994, this increased to 91 crashes and 3 fatalities. Preliminary data for 1995 indicates that the pedestrian crashes decreased to 76. However, this is still 29 percent higher than in 1993. Further pedestrian fatalities increased again to four (4). An analysis of the 1995 pedestrian crashes reveals that over half occurred within our beach and downtown districts. Surprisingly, only one of the fatalities involved an impaired pedestrian. In 1995, pedestrians were "at' fault" in thirty-two (32) of the crashes. Twenty-three (23) of these "at fault" pedestrians were crossing in mid-block. Vehicle operators were shown "at fault" in forty (40) of the cases. With eleven (11) of these being charged with failing to yield to a pedestrian in a crosswalk. Sixteen of the 1995 crashes occurred either in parking lots or at the parking lot entrances. SOLUTION: The Clearwater Police Department is proposing a three-year pedestrian /bicycle safety project. This project would include both enforcement and public information campaigns. For enforcement, the Department would seek funds for one Traffic Enforcement officer. This officer, along with the other members of the Traffic Enforcement Unit, would receive specialized training in pedestrian and bicycle enforcement techniques. Training would also be made available to the Department's seven community policing teams and Americorps NUCOPS. These units would conduct pedestrian/bicycle safety enforcement and education in their assign., communities. 2 of 17 To, incfease the effectiveness of this officer, he/she will be assigned to 'patrol the beach and downtown areas of Clearwater by bicycle. The main ptiority would be to enforce pedestrian and bicycle statutes. During the first month of the project, the officer would issue warnings to both _pedestrians and drivers found violating these statutes. The warnings would be sued on the department's new pen based computer system and would allow for ,racking of the violators. As further follow-up, the department would use these warnings to generate a mailing list of violators. Using this list, the department would mail pedestrian safety brochures. Also, during this start up period, the department would conduct a high profile public information campaign, both in electronic and print media. This campaign would include programs on the department's " Blueline CPD " cable TV show. Pedestrian safety materials would be distributed to local motels and hotels. In addition, presentations would be made at local retirement centers, mobile home parks, and Neighborhood Watch groups. During the enforcement blitz, press releases would be issued outlining the enforcement activities planned for problem areas, which are identified through our computerized crash reporting systems. Citations issued during this project would be data entered into the department's computer data base. This data base would also be used to generate a mailing list of violators for follow-up mailings. As part of on-going efforts with the Pinellas County Community Traffic Safety Teamr an officer trained in Pedestrian Enforcement would be available to train officers from other agencies. In addition, crash data analysis will be used to identify problem areas that may be caused by engineering flaws. These problems would be referred to the Engineering Sub-committee of the CTSP. On3: 1. Reduce pedestrian crashes by five percent the first year, by ten percent the second year, and twenty percent by the third year. 2. Reduce pedestrian fatalities by fifty percent over the three year period. OBJECTIVES: A. Conduct three publicized enforcement "blitzes" during the first year and four "blitzes" during the second and third years. B. Make ten Pedestrian Safety Presentations the first year and fifteen presentations the second and third years. ' C. Conduct follow-up mailings on a monthly basis during the two-year period. D. Americorps NUCOPS distribution of Pedestrian safety pamphlets in minority communities E. Train Americorps NUCOPS to issue warnings on the Clearwater portion of the Pinellas Trail. avtK Jor it I I Part =I : PROJECT PLAN AND SUPPORTING DATA State clearly and In detail die aims of the project, precisely what will be done, who will be involved, and what is expected to result. Use the following major headings: 1. Statement of the Problem 2. Proposed Solution 3. Objectives 4. Evaluation 5. Milestones (Use form provided) Start below and use continuation pages as necessary. AeHVBT-RK: The city of Clearwater is the second largest city in Pinellas County. Clearwater has a year around population of approximately 100,000, which increases by 20,000 during the tourist season. Currently the Clearwater Police Department has an authorized strength of 252 sworn officers. The Traffic Enforcement Team is currently staffed by five officers and a sergeant. Traditionally, the team has been assigned to night hours for DUI enforcement. In late 1994, two officers were assigned to day hours to address the traffic complaints and enforcement problems occurring during daylight hours. An analysis of the traffic crash data indicates that Clearwater has had a dramatic increase in pedestrian crashes. In 1993, there were 53 pedestrian crashes in the city, which resulted in 2 fatalities. In 1994, this increased to 91 crashes and 3 fatalities. Preliminary data for 1995 indicates that the pedestrian crashes decreased to 76. However, this is still 29 percent higher then in 1993. Further pedestrian fatalities increased again to 4. h An analysis of the 1995 pedestrian crashes reveals that over half occurred within our beach and downtown districts. Surprisingly, only one of the fatalities involved an impaired pedestrian. In 1995, pedestrians were "at fault" in thirty-two (32) of the crashes. Twenty-three (23) of these "at fault" pedestrians were crossing in mid-block. Vehicle operators were shown "at fault" in forty (40) of the cases) with eleven (11) of these being charged with failing to yield to a pedestrian in a crosswalk. Sixteen of the 1995 crashes occurred either in parking lots or at the parking lot entrances. SOLUTION: The Clearwater Police Department is proposing a three-year pedestrian/bicycle safety project. This project would include both enforcement and public information campaigns. For enforcement, the Department would seek funds for one Traffic Enforcement officer. This officer, along with the other members of the Traffic Enforcement Unit, would receive specialized training in pedestrian and bicycle enforcement techniques. Training would also be made available to the Department's seven community policing teams and Americorps NuCops. These units would conduct pedestrian/bicycle safety enforcement and education in their assig L". communities.' 4 of 17 1...` a W ? `? x x x x o a of x x x 0 .p x x x z rA °? x x x ?ri N a v x x x N 0 44 x x x a Qf w x x x a w x x x x N z ?C x Q H 4J x x x - a z x x u V) H U 0 Vrri bi t? b ?y V N f a U U) P t • O CD 0 0 -1 rr vi • i 4 ? V. ? W 4 4 N w 4 b U d? rl ?••? w 0 3 • r O 0 4J 4J r lA,. r. O 0 •+•i 0) r_ H R e 5 0 •rA ? •i •r U U U U b U ? C •.? N N ? ? W •b •H A 44 44 O p ' Li M• > to 4 H a w w U w 01 n I I Part III: PROJECT DETAIL BUDGET Attach detailed narrative defining cost for each category. Refer to instructions. FEDERAL NON--FEDERAL BUDGET CATEGORY TOTAL (402 funding) STATE LOCAL A. Salaries and Benefits One Police Officer $ 33,397.00 1 $ 33,397.00 Sub-total E $ 33,397.00 1 $ 33,397.00 S 480.00 $ 2,750.00 $ 3,230.00 S. Other Personal Services None Sub-total 0.00 $ 0.00 0.00 $ 0.00 C. Expenses Postage $ 400.00 $ 400.00 Public Information $ 6,700.00 $ 6,700.00 Bicycle equipment $ 983.00 $ 983.00 Standard Police uniforms $ 1,541.00 $ 00.00 $1,541.00 Sub-total j $ 9,624.00 $ 8.083.00 $1,541.00 D. Operating Capital Outlay 1 Police vehicle, equipped $ 30,634.00 $ 30,834.00 $ 650.00 $ 650.00 1 Police Bicycle 1 Pulitso notebook computer & docking $ 5,200.00 $ 5,200.00 station 1 TVNCR COMBO $ 586.00 $ 586.00 1 weapon $ 480.00 $ 00.00 1 radio $ 2,750.00 $ 00.00 Sub-total $ 40,500.00 $ 37,270.00 E. Data Processing Services 00.00 00.00 Nona P. Indirect Costs Nona Total Cost of Project Sub-total 00.00 00.00 00.00 00.00 Subtotal 00.00 00.00 $83,521.00 $78,750.00 $4,771.00 Budget Narrative The following is a narrative description of the project budget by line item by category, detailing the item and anticipated cost. Each category must be sufficiently defined to show 0"')_ cost relationship to project objectives. Attach additional sheets as needed. A. Salaries and Benefits: One Pedestrian enforcement officer $33,397.00 Sub-Total. $33,397.00 B. Other Personal Services: None $ 0.00 Sub-Total. $ 0.00 C. Expenses: Postage.for mailing follow up warning letters $ 400.00 Public Information, for pamphlets posters, and videos $ 6,700.00 Bicycle Equipment, riding uniforms, lights, strobes, saddlebags, Helmet, bike carrier $ 983.00 I . ? Sub'Total: $ 8,083.00 D. Operating Capital Outlay: 1_equipped police vehicle lights, siren, cage, markings trailer hitch, radio, and computer stand $ 30,834.00 1 Trek Alum frame police mountain bike $ 650.00 1 Fujitso Stylistic pen based notebook computer with docking station. Used to issue-warnings and create violator data base $ 5,200.00 1 Tv/VCR combination unit. Used to show PI&E videos during presentations, Mall shows, Special events, Civic presentations $ 586.00 Sub Total $ 37,250.00 E. Data Processing costs None 00.00 F. Indirect costs None 00.00 Total $78,750.00 of eK r i i FORM X046541 9NFM ' OOC •119 Part N: REPURTS Project Title: Clearwater Pedestrain Enforcement Project Project Number: Implementing Agency: City of Clearwater, Project Director: Se.r_sealit-_-st emen Bllrcb•, Traffic Rn fnrnement TPa.m Briefly describe the subgrant activities that took place during the quarter. Attach additional sheets if necessary. The Quarterly Progress Report of Performance Indicators should be sent to the DOT Safety Office along with this narrative at the end of each quarter. Quarterly Progress Report Narrative for the .,_ ,w quarter. - n? Qo b Gm w.a A ? y1w E 4M 0 0. d to a ? y t 'a C) cn ba (L) 10 ? -C v ? u q ? a rn aS tN e? W p W - G b `m E e Q L'' m ci ° a C ? {/? CC • .O 0 @ N N U 01 ? RJ o a c ) c 'n o. i? V C ? .co r_ C 0- d 3 T] m u w O y IV Q. N 06z lL L? 1 ?i,_ `tea' 1 C ? N 0- 4- O O O O C ' is 3 a ?+ Z'U rZ E co Zcn z Z V ! Final Narrative Report Project Title: Clearwater Pedestrian Safety and Enforcement Projec t Project Number: Subgra:ntee: City of Clearwater Police Department Project Director:-Sergeant Steven Burch The following is a chronological narrative history of the above listed project in accordance with Part V: Acceptance and Agreement, Conditions of Agreement, 1. Reports. It is an accurate accounting of the project performance and accomplishments. (Attach additional sheets as needed.) f E 10 of 17 FORM 306-065-01 SArETY OOC • 0719 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE SAFETY OFFICE Part V: ACCEPTANCE AND AGREEMENT Conditions of Agreement. Upon approval of this subgrant, the approved application and the following terms and conditions shall become binding. Noncompliance may result in loss of, or delays in cost reimbursement. Reports. The subgrantee shall submit Quarterly Progress Reports (See Instructions for Submitting Quarterly Progress Reports) including Performance Indicators and a Narrative Statement detailing project status, to the State Safety Office by January 31, April 30, July 31, and October 31 covering the subgrant activity for the previous quarter. The subgrantee shall submit a Final Narrative Report, giving a full chronological history of the subgrant, problems encountered, and major accomplishments in addition to specifically addressing the subgrant objectives and performance indicators and the current and future planned activities of the program within 30 days after the termination of the project as well as other reports in a form as may be prescribed and may be reasonably required by the Department. A final financial request for reimbursement must be submitted to the Department within 30 days of the subgrant termination period. Such request must be distinctly identified as Final. Failure to comply will be grounds for forfeiture of reimbursement. 2. Responsibility of Subgrantee. The subgrantee must establish fiscal control and fund accounting procedures which assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All monies spent on this project will be disbursed in accordance with provisions of the project budget as said budget was approved by the Department. All expenditures and cost accounting of funds shall conform to 49 CFR 18, Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments (Revised A-102) and A-87, or OMB Circulars A-110 and A-21, in the entirety. All funds not spent in accordance with this agreement will be subject to repayment by the subgrantee. 3. Compliance with Section 287.055, Florida Statutes. The subgrantee, when applicable, agrees to satisfy all requirements provided in Section 287.055, Florida Statutes, known as the Consultant's Competitive Negotiation Act. 4. Approval of Consultant Agreements. The Department of Transportation shall review and approve in writing all consultant agreements prior to the actual employment of the consulting firm. Approval of the subgrant agreement does not constitute approval of a consultant agreement. 5. Allowable Costs. The allowability of costs incurred under any subgrant shall be determined in accordance with the general principles of allowability and standards for selected cost items set forth in National Highway Traffic Safety Administration Order 462-13A, Principles for Determining Costs Applicable to Grants and Contracts with State and Local Governments, Office of Management and Budget Circular No. A-87, Cost Principles Applicable to Grants and Contracts with State and Local Governments, Office of Management and Budget Circular No. A-21, Cost Principles for Educational Institutions or OMB Circular A-122, Cost Principles for Non-Profit Organization. All procedures employed in the use of Federal funds for the procurement of services, supplies, or equipment, must be in accordance with Section 18.32 (Procurement) of 49 CFR 18 (Revised A-102), or Attachment O of OMB Circular No. A-110 and Florida law to be eligible for reimbursement. 6. Travel. All travel for out of state or out-of-grant-speed work area shall require written approval of the Department prior to commencement of actual travel. Travel costs for approved travel will be reimbursed in accordance with regulations applicable to the subgrantee, but not in excess of provisions in Section 112.061, Florida Statutes. 11,--17 roaM SM-M-01 SAFETY 00C • 04194 7. Written Approval of Changes. Subgrantees must obtain prior written approval from the Department for changes, For example: (a) Changes in project activities, designs, or research plans set forth in the approved application, (b) Changes in budget items and amounts set forth in the approved application. 8. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse subgrantees will be subject to the availability to the availability of Federal Highway Safety funds and an annual appropriation by the Legislature. As approved in 49 CFR, Part 29, subgrantees shall not be reimbursed for the cost of goods or services received from contractors, vendors, or individuals suspended or debarred form doing business with the Federal government. 9. Commencement of Projects. If a project has not commenced within 30 days after the acceptance of the subgrant award, subgrantees will report by letter the steps taken to initiate the project, the reasons for delay, and the expected starting date. If, after 60 days from the acceptance of the award, project activity as described herein has not begun, a further statement of implementation delay will be submitted by the subgrantee to the Department of Transportation. Upon receipt of the 60-day letter, the Department may cancel the project and reobligate the funds to other program areas. The Department, where warranted by excusable delay, may extend the implementation date of the project past the 60 day period, but only by formal written amendment to the agreement. 10. Excusable Delays. (a) Except with respect to the defaults of consultants, the subgrantee shall not be in default by reason of any failure in performance of this agreement in accordance with its terms if such failure arises out of causes beyond the control and without the fault of negligence of the subgrantee. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the Government in either its sovereign or ` contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in ever case the failure to perform must be beyond the control and without the fault or negligence of the subgrantee. If the failure to perform is caused by the failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of the subgrantee and consultant, and without the fault or negligence of either of them, the subgrantee shall not be deemed to be in default, unless (1) the supplies or services to be furnished by the consultant were obtainable from other sources, (2) the State Safety Office shall have ordered the subgrantee in writing to procure such supplies or services from other sources, and (3) the subgrantee shall have failed to comply reasonably with such order. (b) Upodrequest of the subgrantee, the State Safety Office, shall ascertain the facts and extent of such failure and, if it shall be determined that any failure to perform was occasioned by any one or more of the said causes, the delivery schedule shall be revised accordingly. 11. Obligation of Subgrant Funds. Subgrant funds may not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant application are eligible for reimbursement. A cost is incurred when subgrantee's employee or consultant performs the service required, or when goods are received by the subgrantee, not-withstanding the date of order. 12. Performance. In the event of default, noncompliance, or violation of any provision of this agreement by the subgrantee, the subgrantee's consultant(s) and supplier(s), or both, the Department of Transportation shall impose such sanctions as it deems appropriate. Such sanctions include withholding of payments, cancellation, termination, or suspension of the agreement in whole or in part. In such an event, the Department shall notibi the subgrantee of such decision 30 days in advance of the effective date of such sanction. The subgrantee shall be paid only for those services satisfactorily performed prior to the effective date of such sanction, 12 -17 FARM 500065-0E SAFETY OGC • 09194 13. Access to Records. The Department, NHTSA, FHWA, and the Auditor General of the State of Florida, or any of their duly authorized representatives, shall have access for the purpose of audit and examination of books, documents, papers, and records of the subgrantee, and to relevant books and records of subgrantees and contractors, as provided under Section 402(1) of the Highway Safety Act of 1966, Public Law 89-564, as amended. The Department shall unilaterally cancel this subgrant if the subgrantee refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made received by the subgrantee in conjunction with the subgrant. 14. Audit. Acceptance of this agreement constitutes subgrantee assurance that all provisions of OMB Circular NO. A-128, Audits of State and Local Governments, OMB Circular A-133, Audits of Institutions of Higher Education and other Nonprofit Organizations, or OMB Circular No. A-I 10, Attachment F, will be met as they pertain to audit requirements. In addition, the Federal Highway Safety subgrant funds are to be clearly identified in the audit report. As a minimum, a schedule comparing budgeted and actaal subgrant cost is required. Failure to furnish an acceptable audit as determined by the State or cognizant Federal audit agency may be a basis for denial and refund, or both, of Federal funds. Federal funds determined to be misspent are subject to refund or other resolution regardless of disclosure in the audit report. 15. Procedures for Reimbursement. All request for reimbursement of subgrant costs must be submitted on forms provided by the Department (DOT 500-065-04 thru 07, which are hereby incorporated by reference under rule 14-98.008). Appropriate documentation supportive of the reported costs must accompany each claim. Requests should be submitted on a regular basis as costs are incurred. All requests for reimbursement for Operation Capital Outlay items having a unit cost of $5,000 or more and a useful life of one year or more must be accompanied by a complete inventory listing for those items. Payment of the claim will not be made before receipt of the applicable inventory listing (Non-Expendable Property Accountability Record, DOT 500- 065-09, which is hereby incorporated by reference). 116. Retention of Records. All records and financial documents must be maintained for nunimum period of three years for the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 17. Ownership of Data and Creative Material. The ownership of material, discoveries, inventions and results developed, produced, or discovered by the agreement are governed by the terms of Section 18.34 (Copyrights) of 49 CFR 18 (Revised A-102) or OMB Circular A-110, Attachment N, Paragraph 8, hereby incorporated by reference. 18. Property Accountability. The subgrantee shall establish and administer a system to control, protect, preserve, use, and maintain and dispose of any property furnished it by the Department, or purchased pursuant to this agreement in accordance with Federal Property Management Standards as set forth in Section 18.32 (Equipment) of 49 CFR 18 (Revised A-102) or OMB Circular A-110, Attachment N. This obligation continues as long as the property is retained by the subgrantee, notwithstanding the expiration of this agreement. 19. Disputes. Any dispute, disagreement, or question of fact arising under the agreement shall be decided by the Department in writing and shall be distributed to parties concerned. A written appeal may be made within 30 calendar days to the Governor's Highway Safety Representative at the Florida Department of Transportation, 605 Suwannee Street, M.S.-57, Tallahassee, Florida 32399-0450, whose decision is final. The subgrantee shall proceed diligently wiih the performance of the agreement and in accordance with Department decision. 20. Conferences, Inspection of Work. Conferences may be held at the request of any party to this agreement. Representatives of the Florida Department of Transportation or the U.S. Department of Transportation, or both, shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time. 13 of 17 FORM M-M-01 SAFETY OOC • 09194 21. Publication and Printing of Reports. (a) Before publication or printing, the final draft of any report or reports required under the agreement or pertaining to the agreement shall be submitted to the State Safety Office for review and concurrence. (b) Each publication or other printed report covered by Paragraph 21.a. above must include the following statement on the cover page: (1) This report was prepared for the State Safety Office, Department of Transportation, State of Florida in cooperation with the National Highway Traffic Safety Administration, U.S. Department of Transportation and/or Federal Highway Administration, U.S. Department of Transportation. (2) The conclusions and opinions expressed in these reports are those of the subgrantee and do not necessarily represent those of the State of Florida, Department of Transportation, State Safety Office, the U.S. Department of Transportation or any other agency of the State or Federal Government. 22. Equal Employment Opportunity. No person shall, on the grounds of race, creed, color, or national origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under subgrants awarded pursuant to P.L. 89-564, or any project, program, activity, or subgrant supported by such requirements of Title VI of the Civil Rights Act of 1964, and all applicable requirement pursuant to the regulations of the Department of Commerce, Title 15, Code of Federal Regulations, Part 8, which have been adopted by the U.S. Department of Transportation. 23. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, Florida Statutes, the subgrantee shall be required to defend, hold harmless and indemnify the State of Florida, the Department of Transportation, the National Highway Traffic Safety Administration, the Federal Highway Administration, and the U.S. Department of Transportation, from all claims and liability, or both, due to the negligent acts of subgrantee, subcontractor(s), consultant(s), or subgrantee's agents or employee(s). The subgrantee shall be liable for any loss of, or injury to, any material developed or serviced under this subgrant agreement which is ; caused by the subgrantee's failure to exercise such care in regard to said material as a reasonable careful ! owner of similar materials would exercise. I 24. Disadvantaged Business Enterprises. The subgrantee agrees to include the following statement in all agreements, and in all contracts which are financed in whole or in part with Federal funds provided under this agreement with the subgrantee: (a) Required DBE Contract Clauses: (1) Policy. It is the policy of the U.S. Department of Transportation that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts on subcontracts financed in whole or in part with Federal funds provided under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. (2) DBE Obligation. The recipient or its contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantage business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of U.S. DOT-assisted contracts. 14 of 17 FORM $04065-0t SAFTc"rY OGC - 09!41 25. Restrictions on Lobbying. The recipient agrees to comply with Section 319 of Public Law 101-121 as provided for in the Governmentwide Guidance For New Restrictions on Lobbying, Interim Final Guidance published in the December 20, 1989, Federal Register. Each person shall file the most current edition of this certification and disclosure form, if applicable, with each submission that initiates agency consideration of such person for an award of a Federal contract, grant, or cooperative agreement of $100,00 or more; or Federal loan of $150,000 or more. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned certifies, to the best of his or her knowledge and belief, that: (a) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any non-federal funds have been paid or will be paid to any person for influencing or attempting to influence an officer of employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Federal Standard Form #LLL, Disclosure of Lobbying Activities, in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers and that all subrecipients shall certify and disclose accordingly. (d) No funds granted hereunder shall be used for the purpose of lobbying the legislature or state agencies. Section 215.347, Florida Statutes. 26. How Agreement is Affected by Provisions Being Held Invalld. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 27. Federal Requirement for Public Service Announcements. All public service announcements produced with Federal Highway Safety funds must be closed captioned for the hearing impaired. 28, Officials Names on Printed Materials and Promotional Items. The name of the Implementing Agency and the Agency's logo can be used on printed materials -and promotional items. The names of individuals connected with the Subgrant Agency and the Implementing Agency shall not appear on printed materials and promotional item paid for with Federal Highway Safety funds. .Jy i s, ...•.r » v . a. .... i .. .. , . ' FORM 500.06541 SAFM QGC - 04144 29. Term of Agreement. All subgrant agreements shall begin on the date of the last party to sign and shall end on September 30, following. ' 30. Buy America Act: The subgrantee and its contractors will comply with the provisions of the Buy America Act. The U.S. DOT reference to the Buy America Act is 23 U.S..C. 101 Note and the Federal goveminentwide reference is 23 U.S.C. 10a. 31. Special Conditions. 16 of 17 .v?? GOB. •" ? WITNESS WHEREOF, the parties affirm that they have each read and agree to the conditions set forth in Part V of this Agreement, that each have read and understand the Agreement in its entirety. Now, therefore, in consideration of the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials on the day, month, and year set out below. . . SUBGRANTEE City of Clearwater Nwne of Applicant Agency Typed By: Si ure o Authorized Representative Elizabeth De tula Authorized Representative's Nwne Typed Title; Cit Manager Date: t? -/ -/ - el 6 Attest: Signature of Witness ADMIMSTRATOR OF YMPLEMENTCNG AGENCY By: - 1 - P-e- Signature of Administrator Sid Klein Administrator's Noma Typed Title: NOTE: No whiteout or erasures accepted on this signature page. kw? 17 of 17 ILEMUM PA" (D Item #: .`.. / Clearwater City Commission Agenda Cover Memorandum Meeting Date: SUBJECT: Artist-in-Residence Batiks RECOMMENDATIONWOTION: Donate artwork (two batiks) purchased by the City from artist Jim Nordmeyer for $1,000 in 1979 under the previous "Artist-in-Residence Program" to the Pinellas County Arts Council who in turn will gift the artwork to the St. Petersburg-Clearwater Airport from the City of Clearwater. 13 and that the a ro riate officials be authorized to execute same. SUMMARY: • The two subject batiks were acquired from the artist, Mr. Jim Nordmeyer, through the Artist-in- Residence Program which was funded by the City and facilitated by the Pinellas County Arts Council. The pieces were purchased in 1979 for $1,000 and, in a recent evaluation, their value was estimated by an Arts Council resource to be approximately in the $10,000 to $15,000 range. • Since acquired, the batiks have been on display in the City Hall Annex Auditorium. However, since the auditorium is scheduled to be demolished, the art pieces were temporarily stored in the City's Purchasing Building at Maple and Myrtle. • Staff has not been able to find an appropriate location for these large pieces (5' x 10' each) in a City building and therefore consulted with the Pinellas County Arts Council to explore other display options. • The Arts Council is involved in a partnership with the St. Petersburg-Clearwater Airport to enhance the newly renovated facility with a public art program highlighting artists from the Tampa Bay area. The Arts Council would like to include the Nordmeyer batiks as part of this project with a placement of the pieces in the international arrival area. Staff feels this to be appropriate since the airport serves as a welcoming port of arrival to the many visitors who come to experience Clearwater. • On Friday, October 18, the City loaned the arts pieces to the Arts Council for placement at the airport to meat a scheduled Open House and Dedication on Thursday, October 24. The Arts Council is assuming the cost of having the work reframed. For a long-term solution, staff is recommending that the artwork be gifted to the Pinellas County Arts Council who, in turn, would make them available to the St. Petersburg-Clearwater Airport. The places would be labeled with a nameplate bearing the City's name. The airport would assume responsibility for the care and upkeep as well as the insurance cost. Staff feels that this would be a suitable location and in keeping with the origi al mission of the Artist-in-Residence Program which was to showcase local artists and enhance th aesthetic quality of our community. Reviewed by: originating Departmeni Legal ta<' `;' fV A'%:: •':: parka !? Retyrpeti Budget Purchasing s3::: }:s?< N A'.: ; User f]e snrnent: Risk Mgmt. psrke,3tt,fifeoteatl ACM otherAdvertised: t?wS12? feppr::.. .. ? Not Required Affected Psnles ? Notified f] Not Required Foots: Commission Action; NIA ? Approved Total ? Approved with Conditions ? Denied Current Fiscal Year ? Continued to: Funding Source: ? Capital Improvement: ? Operating: ? Attachments: Other: Appropriation Code ? None 'd Printed on recycled paper Inter To: Betty Deptula, City Manager From: CC: Steve Miller, Margo Walbolt Ream Wilson, Director of Parks & Recreation Date: October 14, 1996 3 L 11 Correspondence Sheet RE: Artist-in Residence Pieces As you are aware, the two Artist-in-Residence batiks done by Jim Nordmeyer were recently removed from the Annex auditorium and placed in temporary storage at the old Purchasing office. Because of the difficulty of finding an appropriate location for these large pieces in one of our City buildings, Margo Walbolt consulted with the Pinellas County Arts Council to explore other display options within the community. The Arts Council has offered an option that we feel would be a suitable location and in keeping with the original mission of the program which was to showcase local artists and enhance the aesthetic quality of our community. The Arts Council is involved in a partnership with the St. Petersburg-Clearwater Airport to enhance the newly renovated facility with a Public Art program highlighting artists from the Tampa Bay area. Each partner contributed $25,000 to purchase and commission artwork. The Arts Council would like to include the two Nordmeyer batiks as part of this project with a placement of the pieces in the International Arrival area. If the City decides that this is an appropriate placement for this artwork, we will need to outline the terms of ownership in a letter of understanding. We would basically have two options: 1. Present the artwork as a gift to the St. Petersburg-Clearwater Airport from the citizens of the City of Clearwater. The pieces would be labeled with a nameplate bearing the City's name. With this option, the Airport would assume responsibility for the care and upkeep as well as insurance costs. 2. Present the artwork to the Airport on long-term loan from the Citizens of Clearwater. This option requires us to be responsible for maintenance and insurance and assume responsibility should the Airport no longer wish to have the work as part of its collection. It is our feeling that this placement would be a good opportunity since we do not have an appropriate location within a City building and because the Airport serves as a welcoming port of arrival to the many visitors who come to experience Clearwater. The artwork was acquired through the Artist-in-Residence program which was funded by the City and facilitated by the Arts Council. The pieces were purchased in 1979 for $1,000. In a recent evaluation, their value was estimated by an Arts Council resource to be approximately in the 810,000 - $15,000 range. We have not incurred any maintenance costs during the past seventeen years nor have we secured insurance for any of the pieces. It is our feeling that if the City places the artwork on long-term loan to the airport, we would not incur any additional expense or liability than would be experienced if the pieces were located in a City facility. ?•U ?3,/ The Arts Council would like to have a decision from the City as soon as possible since : the Airport is scheduled for an open house and dedication on October 24?'. They would also like to have the batiks re-framed prior to the opening of the display. Although the Arts Council will assume the cost of having the work re-framed, they have requested assistance from the City in moving the pieces to the framer and then to the Airport. t Your response.to this matter would be appreciated. ft 5' =S ..yea e t . } ' d r' t it . 4 i f } i Clearwater City Commission from +v; Agenda Cover Memorandum J Meeting Dater tls.,.. . SUBJECT: Jack Russell Stadium Structural Repairs Phase Two RECOMMENDATION/MOTION: Award a contract for Jack Russell Stadium Structural Repairs Phase Two (97 - 2) to Macro Construction, Inc„ of Clearwater for the sum of $146,609 which is the lowest responsible bid received in accordance with plans and specifications, ® and that the appropriate officials be authorized to execute same, -SUMMARY: r City Commission approved a Capital Improvement Project for $75,000 in fiscal year 1994/95 for Jack Russell Stadium structural repairs. At the time the project was established the City was not certain as to the extent or cost for structural repairs. • McCarthy & Associates, inc. was hired to evaluate the structural integrity of the stadium and to make recommendations concerning same. • Prior to the 1995 Spring Training season, McCarthy recommended that additional metal plate stiff enerstsupport be added to several of the main structural support columns. This work was completed under a contract entitled "Jack Russell Stadium Structural Repairs Phase One" for a total cost of $30,443. Additional work was recommended; however, it was delayed until additional funding was secured. • During the dAvolopment of the 1996197 Capital Improvement Budget, an additional $150,000 was appropriated to complete the second phase of the structural repairs. r Staff is recommending awarding a contract to Macre Construction, Inc. for the base bid of $122,109 and alternates 2, 3 and 4 for an additional $24,500, making the total award of $146,609. • The base bid of this contract includes ten separate pay items, most notably the painting of all exposed structural steel and underside of overhead canopy, recoating roof over pressbox, repair of concrete spell areas, miscellaneous block repair, repairing waterproof membrane, etc. The alternates are as follows: • Alternate #2 - Seal the underside of exterior precast seating planks to stop the interior rusting of wire mesh. • Alternate #3 - Recoat the central walkway. • Alternate #4 - Clean out underside of lower stands. + There are sufficient funds in the current Cap contract. Rrvirwed by: 9r g!t !Ogg pepartrr»nt l!..., t Legal <'> :'slid A `{' :;Ali ai:Raon?ati n Budget . •,ri :. Purchasing their .P,. Risk MQmt.;> !? -:r;><<< Pptka .#teoreaiinri <.. . ?.;. s<r Ise: ACM n:A.,..;<''".',.A:ti' .. Other --- -- ?rwJ mitt! try: Wana I?X? Advrrtisrd: ?ipg ?St ?a;er?kiur?l?rrsv;.. 11 Not Required Affrcted Parties 0 Notified Cl Not Required Printed on reoyaled paper I Improvement Project Budget (3285) to fund this C ts: Commission Action: $'146.809' 144 848 ? Approved Total ? Approved with Conditions ? Denied Current fiscal Year ? Continued to. Funding Gomm ® Capital Improwmerrt: Operating; D Attar.Ftriisrits 71 Bid Other. tabtilow` xnA tiuiivmaiy' ;::'. Appropriation Code .3.15432066350d-'676000 11 Nona .,. , :35 ArE Clearwater City Commission Agenda Cover Memorandum item # Meeting Date: SU13TECT: Annual Contract for Cast Iron Meter/Valve Boxes & Accessories RECOMMENDATION/MOTION: Award an annual contract to purchase miscellaneous cast iron meter/valve boxes and accessories for the period from December 8, 1996 to December 7, 1997 from U. S. Filter/Davis of Tampa, Florida for an estimated amount of $26,685, which is the lowest most responsive and responsible bid submitted in accordance with the specifications I;. X and that the appropriate officials be authorized to execute same. BACKGROUND: ?Cast iron meter/valve boxes & accessories are used on various water main expansion/replacement/maintenance projects throughout the city. ?Some items of the contract will be installed as part of new installations and other items (valve box caps, lids, etc.) will be used to replace broken or damaged facilities. ?The recommended vendor submitted the lowest overall bid for this material. ?The 1996/97 Public Works/Water Division Operating Budget includes sufficient funding for this contract through 09/30/97; funding subsequent to that date will be included in the department's 1997/98 Operating Budget request. 4Material will be purchased, as needed, during the contract period using a Water Distribution stock code and placed into inventory at the warehouse. OAs it is withdrawn, material will be charged to the appropriate Capital improvement Project program. ?Balances of appropriate C.I.P. projects (as of 10/21/96) are: #96703 System R & R-Capitalized............ $1,005,769.00 96704 Line Relocation-Capitalized......... 1,907,359.00 96706 System Expansion .................... 28,067.00 96721 System R & R-Maintenance............ 142,507.00 ?These are the only projects to which this material will be charged. Reviewed by: Originating Dept: Costs: S 26,685.(est.1 Commission Action: Legal N A Public Works Total ? Approved Budget Purchasing S 22,000.{est.) El Approved w/conditions Risk Mgmt. User Dept; Current Fiscal Yr. ? Denied cis -- Pubiis Works ? continued to: ACM Funding Source: Other N/A E7 Capital Imp. Advertised: 0 operating Attachments: Date:09/27/96; 10/04/96 ® Other Water Distribution aid 206-96 - Tabulation & Paper: Tampa Tribune; Stock Summary of Sid Warfield+s Tampa Bay Review : E1 Not Required Affected Parties Appropriation Code: E] None I L El Notified 421-00000-141110.000-000 t eatna ® Not Required v J . f ? ' .•P:Ae., ? ???.? , ?''i?".'a t'7'{,. t•?;st a9 ?}?:?eJ?' +Y•'•f?3???yyit,' 7. 7?x??'? ??;?;`i '• . '?^ '? f?? ? ? ' {' ? ? s S ` S'? . F.tt. wl •} . f !i R i w?,? J1. I .Y..,i '? yv ' ? ?i tl ?? 41.f? rSaZi . r, ; y f?ei: : ?1 •1 YS .i1 •S-t '?E: •i ?1 •,? : . S ` F Y ?f 8 a 8 8 8 a a a a a a a 8 a .: . y w w N r N N N N N N N N N M ,? R ? ? 0 V 8 8 R A P R ' R N w N N N M N N N- M w N N N y 9 8 11 11 8 11 11 8 13 8 8 13 8 8 ? M N M N M N N w N w ` ? '? ? M M N N y w » w N N N N w w ' s s 8 a s a s a a e s s s a R y w w N w N M N N M w » w x R f d ry ? y w r 1 1 Y 1 f Y w r M N M y w w N w N w N w 13 8 ? ?????? ((fyyy 'i" • ? ? N w N r N M N N N ? WWW??? 444 f I p ri p 8 a y Y tl b {{ 0d 11 1?'i .'. 11 ?1 . r y M N M w N N N °.:'''• $ 8 "8 8 St $ 8 8 8 8 8 8 8 R ? ' •P. '•k" ? N N M N w N N N M M N N N N Z yy ? ? r ? ?i ? N 6 A, w ' y .. . N N M N w w w M N r N 13 it a 8 El ? • ? N y r N M N M w M M - ? 8 8 R .B ? a w ? ? r ; ? N M N M M M N M ! 8 8 8 6 8 8 8 8 8 8 a 8 K I p I. 0 R 0 M N M N N w M M y . .. w N r M S - ! a- `? ? y M M M M N » N N N N M M M 8 8 a 8 $ 6 a 8 8 6 a 8 8, ? ? ? • M w N N N M N M N w M » N M M ?I ' 19 9 2 N N N N N w w N N N N M M L. i . 8 o tl ? ? ?V p IV ['L ? iV n I ? N ? r N n o ?1 r n w r r • w w ¦ R ? p j7 x ' ??? 3;;; itrm 11 s CLEARWATER CITY COMMISSION -') 7McctingDalc EN ? Agenda Cover Memorandum J k? i1 SUBJECT: Extend lease term with The Times Publishing Company for MSB/PS temporary parking facilities. RECOMMENDATION/MOTION: Approve a Third Amendment To Lease Agreement with the Times Publishing Company dated December 2, 1994 extending the lease term from March 31, 1997 through December 31, 1997 regarding lease premises in MAGNOLIA PARK SUBDIVISION, Block S, providing for termination by either party upon 30 days written notice, with all other terms and conditions unchanged and in full force and effect, and that the appropriate officials be authorized to execute s une SUMMARY: • The City entered into a land lease of vacant property owned by the Time Publishing Company at the southeast corner of East Avenue and Pierce Street on December 2, 1994 to provide interim parking during construction of the MSB/PS complex. The rent was established at $1,038.00 per month. • On May 1, 1996 the parties agreed to add approximately 13,515 square feet of lease premises to the agreement without additional rent. • The original lease term that was to terminate November 30, 1995 has been twice extended. The present termination date is March 31, 1997. • This Third Amendment To Lease Agreement provides for extending the lease term through December 31, 1997, with either party having the privilege of terminating the agreement at any time upon providing 30 days written notice to the other party. All other terms and conditions of the lease remain unchanged and in full force and effect. • Funding for the lease extension up to nine months, if not terminated sooner, is contingent upon approval of the $229,200 agenda item transferring interest on the bond proceeds to the Debt Service Fund and reallocating General Fund money from the Debt Service Fund to the Municipal Services Complex project. Reviewed by: I Originating Dept. I Costs: $9.342.00 _ I Commission Action Legal Engineering Budget User Dept. Purchasing G Risk Mgmt. NIA I Advertised: (Current FY) $6.228.00 Approved Funding Source: Capt.lrnp. X Operating Is NIA I Date: I Other ACM ENG. OTHER N A 17,1 Paper: Not required: X Affected parties notified Submitted By: qty ? ?e Not Required X Appropriation Code(s) 315-94602-544200-519-000 Approved w/conditions Denied Cont'd to Attachments: Third Amendment To Lease Agreement Third Amend Times Lae. 27 THIRD AMENDMENT__TO LEA$AGREEMENT_ THIS THIRD AMENDMENT TO LEASE AGREEMENT entered Into this _ day of , 1996, by and between the TIMES PUBLISHING COMPANY (as "Lessor"), and the CITY OF CLEARWATER, FLORIDA (as 'Lessee"), regarding that certain Lease Agreement between the parties dated December 2, 1994, as amended by a First Amendment To Lease Agreement dated December 12, 1995, and further amended by a Second Amendment To Lease Agreement dated June 14, 1996, governing amended lease premises currently being legally described as: r ALL OF LOTS 1,2,3,8,9 AMD 10, IN BLOCK 8, MAGNOLIA PARK SUBDi lSiON, ACCORDING TO TH4E MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK H - 1, PAGE 70, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, OF WHICH PINELLAS COUNTY WAS FORMERLY A PART. WHEREAS, Lessee desires to extend the term of said lease from its current termination date of March 31, 1997 to December 31, 1997, with either party having the option to terminate said lease upon giving not less than thirty (30) days written notice of termination to the other party; and, WHEREAS, Lessor is agreeable to extending the term of said lease from its current termination date of March 31, 1997 to December 31, 1997, with either party having the option to terminate said lease upon giving not less than thirty (30) days written notice of termination to the other party; NOW, THEREFORE, in consideration of the mutual promises made therein, and the mutual benefits being derived by each of the parties thereto, It is agreed that: A) The term of said Lease Agreement Is hereby extended to December 31, 1997, with either party having the option to terminate said lease upon giving not less than thirty (30) days.written notice of termination to the other party; and, B) All other terms and conditions of said Lease Agreement shall remain unchanged and in full force and effect. PAGE 1 OF 2 37 IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals on the day and year first above written. Signed, sealed and delivered TIMES PUBLISHING COMPANY In the presence of: Kiwze?' 2ZA6?? By: pad WITNESS Catherine Karl, Vice Pres dent Administration, xte? WITNESS Countersigned: Rita Garvey, Mayor-Commissioner Approved as to form and legal `sufficiency: John Carassas, Assistant City Attorney Secretary and Treasurer Attest: /a 9 r r f2u) Linda Crow, Manager, urchasing CITY OF CLEARWATER, FLORIDA By: Elizabeth M. Deptula, City Manager Attest: 3 Cynthia E. Goudeau, City Clerk PAGE 2 OF 2 l r7 LEASE PREMISES PARK SIREEI $ for 1264 1 3 4 5 6?v 7 1 2 3 4 5 4 ' 3 X291 GC S p • too 08- 14 94-2 7 13 13 n 10 9 8 v 7 6 123 ?` t 10 9 W b " I . f 401 a PIERCE STREET 2 1 i n 2 1 w 2 3 5 611 7 1p d 8 200 N 1 2 f 4 5 ° 7 7 206 A r- 8 15 14 7 6 227 b 2 0 20 "NANKUN I STREET $ I ? b 1p 01 - 2 G 1 5 6 7- 8 1 3 4' 5 2 3 4 2 +- 106 i i s 4 sits- 15 14 13 12 'a ' U » 10 9 10 9. 18 7 6 14 16 1 b? ? a n a $ o i COURT •STREET $ 1; CLEAR WATER CITY COMMISSION Agenda Cover Memorandum 1 V 0"N46 Itcm # 33", Meeting Date SUBJECT: Extend term of lease with Dimmitt Car Leasing, Inc. for MSB/PS temporary parking facilities. RE COMMENDATION/MOTION: Approve a First Amendment To Lease Agreement with Dimmitt Car Leasing, Inc. dated February 22, 1996 extending the lease tern from January 14, 1997 through December 31, 1997 regarding lease premises in MAGNOLIA PARK SUBDIVISION, Block 1, providing for termination by either party upon 30 days written notice, with all other terms and conditions unchanged and in full force and effect, ? and that the appropriate officials be authorized to execute same. SUMMARY: • ' The City leases a vacant tot in the 800 black of Cleveland Street on the east side of Fiod's Delicatessen from Dimmitt Car Leasing, Inc. that provides in excess of 45 parking spaces for City staff and/or City-owned vehicles pending completion of the parking garage for the MSB/PS complex. The monthly rental for the lot is $430.00, which will remain unchanged during the extension of the lease term. * This First Amendment To Lease Agreement extends the lease term through December 31, 1997, with both the City and the lessor having the privilege of terminating the agreement at any time by providing 30 days written notice to the other party. • All other terms and conditions of the lease remain unchanged and in full force and effect. • Funding for this lease extension up to eleven-and-a-half months, if not terminated sooner, is contingent upon approval of the $229,200 agenda item transferring interest on the bond proceeds to the Debt Service Fund and reallocating General Fund money from the Debt Service Fund to the Municipal Services Complex project. Reviewed by: Originating Dept. f .i Costs: $4.945.00 Commission Action {.ega! _?7 Engineering (Current FY) $3.655.00 Approved Budget User Dept. Funding Source: Approved wlconditions Purchasing N1A _ Capt. Imp, X Denied Risk Mgmt. _ NIA Advertised; Operating Cont'd to is NL Date: Other ACM Paper: ENG. Not required: X OTHER NIA Affected parties Appropriation Code(s) Attachments: y ?-- notified First Amendment To Lease _ y' Suiyrn 315-94602-544200.51 2-00D Agreement r n Locator Map ag e Not Required X Extend Dimmitt Lae. Agn 38 FIRST AMENDMENT TO-LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT entered into this day of , 1996, by and between DIMMITT CAR LEASING, INC. (as "Lessor"), and the CITY OF CLEARWATER, FLORIDA (as "Lessee"), regarding that certain Lease Agreement between the parties dated February 22, 1996, governing lease premises being legally described as: MAGNOLIA PARK SUBDIVISION, Block 1, all of Lots 4, 5 and 6, LESS the East 5 feet thereof, along with non-exclusive ingress & egress across Lot 13, LESS the east 40 feet thereof, as recorded in Plat Book 1, Page 70, Hillsborough County, Florida, of which Pinellas County was formerly a part. WHEREAS, Lessee desires to extend the term of said lease from its current termination date of January 14, 1997 to December 31, 1997, with either party having the option to terminate said lease upon giving not less than thirty (30) days written notice of termination to the other party; and, WHEREAS, Lessor is agreeable to extending the term of said lease from its current termination date of January 14, 1997 to December 31, 1997, wi•rh either party having the option to terminate said lease upon giving not less than thirty (30) days written notice of termination to the other party; NOW, THEREFORE, in consideration of the mutual promises made therein, and the mutual benefits being derived by each of the parties thereto, it is agreed that: A) The term of said Lease Agreement is hereby extended to December 31, 1997, with either party having the option to terminate said lease upon giving not less than thirty (30) days written notice of termination to the other party; and, B) All other terms and conditions of said Lease Agreement shall remain unchanged and in full force and effect. PAGE 1 OF 2 3a IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals on the day and year first above written. Signed, seated and delivered DIMMITT CAR LEASING, INC., in the presence of: a Florida Corporation By: WITNESS Larry D mitt, Jr. i President/Director WITNESS Countersigned: Rita Garvey, Mayor-Commissioner Approved as to form and legal . sufficiency: John Carassas, Assistant City Attorney Cynthia E. Goudeau, City Clerk PAGE 2 OF 2 By. CITY OF CLEARWATER, FLORIDA Elizabeth M. Deptula, City Manager Attest: f 3g ENETBIT "All Lease Premises r?r?aro?1'r?`?'? Ingress/Egress ?, \NNN N\\NN F.PK NAIL do DISC I.B. #4207 54' S. - i a CONC. '5,'W FOUND S L E r„ to ..._J 10.0 S. R/W UNE I •, t concrete LOT 5 LOT 6 f - LOT LOT 4 0 o o N ?•' E I ?? : to ip 10 BLOCK 1 0 ?., concrete F, C,M,#404 F, C,4t,{j404 ?. f LOT 13 I LOT 12 , LOT 11 ..OT 1 0 5t- 1 ? . LOCATOR AZA.P - DINIMITT LEASE LEASE PREMISES INGRESS/EGRESS ogW E { 16 2 17 e ? 1a s [OTT 04 61 a N 7. 1 i pfill' 5 6 7 J'm? - -1; 6 5 1 21 30 2/031 5 1 7' 1 5' 1 3 2!! 1 2/04 71/01 1a 22/01 s3' 13S 6 7 sit rS 1 n? 2 2 11/°`92"` ° aria 1 1 i 7 9 1D ! ' 41 7 7 6 C' 1 1 10 iA III f0? 5 a p I y eS f y 1 i ! T. 4 = p xv 6 5 3 2 1 9 =0 t 11 =12 13 r1, ; 22/05 x 1'0` 2 5• 3 1 '. 15 - O n1 s z z 1f IS 16 ?. SARAH 21/D6 5 5 6 7 IcM JM4 t0 + 6 = U. 2 a Y 9 ! r ?' I it Lrlt1R/l R 3 S TFtLE7 $ McMUU.EN ' i ?s 1 r `1 2 1 Li 9 a 7 7 S r SUB „ a 4 to 1-41j `P, 6 5 4 Z n 1 • i s 3 31 4 1 3 2 I 3 5 i 7 p t 10 5 t I 1 ¦ a . 4 4 38' z . • : • ' ' ' S ti CiL1?FlAND S . - 1 2 1 1 3 5 6 a 1 16 15 14 1 1 t 0 9 6 9 10 1 10 f1 ~? 17 ?a < .o = s PARK S 21/09 Y !!1 V4..W-7 1 AMPS c0mpLEX 3 a al 7 1 'a 7 ? E E F ? . i ., 1 2 3 4 5 6 7 6 1 a ? 1 O 19 1a 17 1 15 13 11 11 3 - 4 1 • H 1-1 0 k 3 4 " % E o ,o s 1E 2 0 3 f 5 16 1 A 7 17 3 is 4. 14 Jos r 7 Q 80 n r a 23 'J ?1pJ 25 S» 12 FitA1XM S7RM 12 ? a2 u' ?+ 13 ' 2a { ? 13 ? y0 0 ? 1 11 11c u S 20 : i 21 w 7 22 6 23 1• t0 .-.. n>t 31 26 12 27 n3 11 c* 28 w 14 O 29 of 15 30 rod roc SAY" ! 11 104 r ?- n 13 1 14 tea ' a f 3 CLEARWATER CITY COi INIISSION ?I Agenda Cover Memorandum heir # Mceting Date t r SUBJECT: New Aerial Photography for Engineering Department Aerial Atlas Maps RECOMMENDATIONlI1rIOTION: Approve work order from Post, Buckley, Schuh and Jernigan, Inc. Engineer of Record in the amount of $89,447.00, to provide updated aerial photographic atlas of the City, 0 and that the appropriate officials be authorized to execute same. SUMMARY: • The Engineering Department maintains an aerial photography atlas which covers the City municipal limits and the City's associated service areas. The Department uses the aerials in conjunction with permit applications, preparation of construction drawings, public presentations, project development, an important source of historical information and for the sale of aerial reproductions to the public. The aerial atlas presently in use was photographed in March 1990. • Engineering is proposing to obtain new aerial photography in an electronic digital color format from Post, Buckley, Schuh and Jernigan, Inc. (PBS&J) using newly available digital technology. This format uses the newest technology wherein the aerial photographic images are converted from high quality contact prints to digital computer tiles by digital scanners which have a very high image resolution ability. Once the digital computer files are created, these files can be used in conjunction with Computer Aided Design & Drafting (CADD) to make construction drawings for maintenance and improvement projects and to make graphic displays showing proposed improvements on the aerial images. The process allows a CADD drawing to be plotted directly on the aerial image as a single drawing. This combination of CADD drawing and aerial photography makes an excellent method to clearly present complicated engineering information in an easily recognized format which is particularly helpful in public meetings. continued Reviewed by: Originatin4 peps. Costs: $89.447.00 Commission Action Legal NIA l=ngineering (Current FYI X Approved Budget User Dept. Funding Source: Approved wlconditions Purchasing NIA Engineering Capt. Imp. Denied Risk Mgmt. N/A _ Advertised: Operating Cont'd to Is NIA Date: Other Fie wined Earnings: Water, Sanitary and ACM Paper: Stormwa-ier Utility Funds ENG. Not required: x OTHER Affected parties Appropriation Code(s) Attachments: hlc notified Submitted By: 31 n-96516-5 0300-539.000 PBSW Work Order City Man ger Not Required x s : \w gQnd1\aer is 1 photo . doc ..A Aerial Photography Agenda Item 9 Page 2 • This project will be coordinated by PBSJ to perform global positioning system (GPS) panel targeting to provide for image rectification, provide for. aerial imaging, image digitalization to computer disk (CD) and black & white mylar aerial panels. Engineering staff will provide labeling to computer files for atlas pages, street names, etc., prior to final deliverables, ' Final deliverables to the City will be one set of reproducible black and white mylars aerial sheets and one set of digitized aerials on CD. The mylar aerials will be used for sale of aerial atlas map reproductions to the public.. • 'Unappropriated retained earnings from Water, Sewer and Stormwater Utility Funds will be transferred to Capital Project 315-96516, Citywide Aerial Photography as follows: Water $29,815,00; Sewer $29,815.00; Stormwater $29,817.00. rs Ft y. `? 7r 4. ' i I. CITY OF CLEARWATER ENGINEERING DEPARTMENT PBS&J WORK ORDER INITIATION FORM PBS&J Project No. City Project NoAp-10229[ .. k Date: September 20, 1996 1. PROJECT TITLE: Aerial Photography and Raster Images 2.", EMU QE . Please refer to attached scope description. 3. PROJECT GOALS: A.. To update the City Aerial Atlases, B. To create electronic color raster files of each atlas, C. To generate V = 100' scale mylars of each atlas to be used to produce aerial prints for sale to the public. r E: 4.' BUDGET: F, A maximum fee of $89,447 has been established for this assignment. 5. SCHEDULE, To be determined. 6.'. PBS&J STAFF ASSIGNMENTS: Tom Hall 877-7275, extension 503 Cliff Wilson 877-7275, extension 581 7. CORRESPONDENCE EPQRT1?2r PROCEDURES: Correspondence to be sent to Terry Jennings. Copies of all correspondence shall be sent to Mark Behring. Y:?COMMOMCLRWATE-R%WORKowaun.ns.wa 1 3 39 8. The budget for this work order is a maximum of $89,447, based on actual time and direct reimbursable costs expended. Invoicing Method A, Cost Times Multiplier Basis shall be used. City Invoicing Code: 315--96516-530300-539-000 9. SPECIAL CONSIDERATIONS; None. 10. To be determined. PREPA CITY PBS&J /James G. Kennedy, P.E. f Date v:1COMMOWLRWAM%WORKOPMD ATLAS.WO 2 1 ar ?. '7? i° ',. i+.. ? a.: y 1 4 `+'• Sd t: yr.W°':'F?,tr ?: 1"'";:!' ;t, _ .. ... ,' ?i '?;?,:: .°?.t? ,• ''y?i;,?,yr;.,'..? i ;.xK.?.'f';?:'.i s?:o.c::.. :e '', .. , }:'1'+ 4.' :tip' !'I;?p•?•'? 1zr+?,. ,.yY . ?? ' S s ?. i Item--- #4 rA- ' Via;, ' ' ' • ' ., r.:. t1 , .44' . it i 1 i 1 t 1 1 ! I 4 c 1 t 1 Qi+LM ItcIll # - ML a CLEARWATER CITY COMMISSION a Mcclin8 Date Agenda Cover Memorartdurn ??'?l7t:aE?? SUBJECT: PIER 60 PARK CHANGE ORDER #4 AND FINAL (96-8) RECOMMENDATION/1NZOTION: Approve Change Order #4 and Final to the Pier 60 Park Contract (96-8) to Caladesi Construction Company of Largo, Floridn increasing the contract amount by $24,563.00 for a new contract total of $1,259,383.61, Q and thot the appropriate officials be authorized to escrrute s:une. SUMMARY: • This contract to construct Pier 60 Park was awarded by the City Commission to Caladesi Construction Company on February 1, 1996, for $1,210,425.00. The City Commission also approved on February 1, 1996 a 5% construction contingency fund for this project in the amount of $60,521.26. • The scope of this project includes the construction of a concession building, pavilion, covered playground structures, hardscaping and landscaping. The purpose of this Change Order #4 and Final is to provide for additional items required to complete the constriction of this project. The attached list of change order items has been reviewed and approved by City Engineering Staff. Change Orders #1, 2 & 3 were approved administratively for a total amount of $24,395.61 and exhausted 40% of the construction contingency fund. This Change Order 94 and Final in the amount of $24,563.00 will exhaust an additional 40% of the contingency fund. The total aggregate amount for Change Orders # 1, 2, 3 & 4 is $48,958.61 which, in addition to $8,834.74 in charges from Parks and Recreation and Public Works, will leave a remaining balance of $ 2,727.91 in the construction contingency fund. The balance is anticipated to be $7,962.91 when the $5,235 check from Post, Bucldey, Schuh & Jernigan (for construction modifications resulting from design changes) is posted to the C1P. This Change Order #4 and Final will complete the construction of the Pier 60 Park project. Reviewed by: Originating Dept. Costs: $24,563.00 - Commission Action Legal Engineering Services ) (Current FY) Approved Budget User Dept. Funding Source: Approved w/conditions Purchasing Capt. Imp. Denied Risk Mgmt. _ NIA Advertised: Operating Cont'd to is N/6 .. Date: Other ACM Paper: ENG. JZ- Not required: X OTHER Affected parties Appropriation Code(s) Attachments: -v? notified Submitted By: 315-93288-563500-572-000 Change Order #4 & Final it Man er Not Required X -T- I PIER 60 PARK C0#4 & FINAL CHANGE ORDER #4 & FINAL PROJECT: PIER 60 PARK q6 CONTRACTOR: CALADESI CONSTRUCTION CO. 8720 - 116TH AVENUE NORTH LARGO, FLORIDA 34643 DATE: OCTOBER 23? 1996 PROJECT NUMBER: 96-8 DATE OF CONTRACT: FEBRUARY-9, 1996 CODE: _ 315_-93288-563500„-572.OOC SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT SEE ATTACHED SHEET FOR CHANGE ORDER ITEMS. STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: ORIGINAL CONTRACT AMOUNT $1,210,425.00 CHANGE ORDER J1 $_+ 13,342.40 PREVIOUS CONTRACT AMOUNT $1,223,767.40 CHANGE ORDER #2 + 7,843.21 CA AD SI S RUCT ON COMPANY PREVIOUS CONTRACT AMOUNT $1,231.,610.61 CHANGE ORDER 13 $ + 3.210.00 PREVIOUS CONTRACT TOTAL $1,234,820.61 BY: 4, SEAL' CHANGE ORDER #4 & FINAL $ + 24,563.00 DON HI CHS, PRESIDENT NEW CONTRACT TOTAL $1,259,383.61 ATTEST: Cynthia E. Goudeau, City Clerk Date: CITY OF CLEARWATER, in PINELLAS COUNTY, FLORIDA E1 zabeth M. Deptula, City Manager RITA GARVEY, MAYOR-COMMISSIONER JOHN C. CARASSAS ASST, CITY ATTORNEY y 16-?3Date: s WITNESSES: Alice R. Eckman Glen L. Bahnick, Jr. Recommended[ by: chard J .??a ty Engine z P.E. CHANGE MitbU60ft to: ORDER ALA DOCUMENT G701 Owner, ` Archhect• r Con(ractor. ?Jeld. Other Project Pier 60 Park Change order number. 4 7 Causeway Blvd Clearwater, F1 34630 Initiation date: Architeers Project No.: 9601 To: Contract for. Building Caiadesi Construction Company 8720115th Avenue North Contract date largo, Florida 34643 1) Caladesi Construction Company S 5,235.00 Mod. approx 100 sq. ft/ Install approx. 260 sq. R new brick wall Mod. floor for flood proof door/ 40 sq. yd. stucco 250 sq. ft. Ming and second floor/framing 130 sq. R of concrete bea nsldoors/equip. Credit for beam and fasica system 2) Subcontractors prices: A. 3 (Three) waterproof doors $ 1.700.00 B. Electrical S 6,800.00 C. H.V.A.C. S 3,986.00 D. Plumbing $ 2,303.00 3) Misc. A Handrail at elec#rtcal platform $ 828.00 B. Extra cabinetry, condiment center wt S.S. Top S 650.00 C. Upgrade to S. S. Counter Top $1,360.00 D. S. S. Pass Thru $ 422.00 F- Additional Electrical hem $ 1,884.00 F. Additional S.S. Dueting Adj. $ 1.209.75 G. Elevate Floor $1.700.00 H. Paint Roof S 250.00 4) Supervision and Project Coordination $ 988.25 sj' cc?cdi? A .5. S. Rail @ Electrical Platform Sc1,168.40> 13. Rail Up Doors Sc7,850.00> Subtotal $20,30D.00 100!. profit S 2,030.00 Subtotal $22.330.00 10% overhead S 2,233.00 r Grand Total 524,563.00 i i 1 y')?.'?'?•f Y" ..'•tit lF'?j .???i-y????•;i.;?.Ef j';f?sr r.ti•..rue,.. ....... .. ... . e ., .. ... Not valid untit signed by both the Owner snd kchite' & ' Signature of Contractor indicates his agrfxment herewith, Including adjustments in trio Contract Sum Or CbnVOCt 11M0. 1/0 The original (Contract Sum) (Guaranteed Maximum Cost) was $ 1,210,425.40 Net change by previously authorUW Change Orders S 24,395.61 The (Contract Sum) prior to Change Order S 1,234,820.61 The (Contract Sum) will be Increased by this Change Order $ 24,563,44 i The new (Contract Sum) (Guaranteed MaArnum Cost) will be 5 1,259,383.61 I The Contract Time will be (Increased), (decreased), (unchanged) by ( 4 y days The date of Substantial Completion as of the date of this Change Order therefore W. Architect Contractor. Caladesi Construction Company Owner. 672411 ath Avenue North Largo, Florida 34643 8y-. 13y. $Y Date; Date: Date: 4?> ?I ! - f r ? r4 Al)'E2 prepared bV i return to, ?giaeerinq 14dmin8trat3oa aYty of Clea=11r P. O. Hoff 4748 Clearwater, 11. 34618-4748 I E A S E M E N T L11 FOR AND IN CONSIDERATION of the sum of one Dollar ($1.00) cash in hand paid, to it, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, A B R PLYMOUTH PLAZA LTD., a Florida Limited Partnership 26750 U. S. Highway 19 North, Suite 350 Clearwater, Florida 34621 does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, an easement over, under and across the following described land, lying and being situate in the County of Pinellas, State of Florida, to-wit: A Ten (101) foot water main easement lying 51 each side of all water mains up i to and including all meters, AND an ingress and egress easement for refuse and garbage collections and City of Clearwater service and utility vehicles, all lying within the following described tract: A portion of Section 30, Township 28 South, Range 16 East, in the City of Clearwater, County of Pinellas and State of Florida being more particularly described n EXHIBIT "All attached hereto, and also being depicted in EXHIBIT "B" attached hereto. The CITY OF CLEARWATER, FLORIDA, shall.have the right to enter upon the above described premises and to construct, install and maintain thereon any water facilities and to inspect and alter such water facilities from time to time. Page 2 - Water Main Easement Grantor: A B R Plymouth Plaza, LTD Grantee: City of Chearwater, Florida Date: 996 IN WITNESS WHEREOF, the party duly executed by its proper officers hereunto affixed, this Z?S- day Signed, sealed and delivered in the presence of: hereto has caused these presents to be thereunto authorized and its seal to be of ?;Z"- ? 12, - 1996. WITNESS WITNESS K tna e a r Signature QQM9.JAid 42 S ' e-6 e, H tria?rs' Pr nt 3 Jgnat?urv STATE OF FLORIDA COUNTY OF ` ?. A B R PLYMOUTH PLAZA, LTD., orida Limited Partnership 'C?rcx.? . Robert M. Reed,, its sole general partner The foregoing instrument was acknowledged before me this 30-4?day of 11996 by Robert M. Reed, II, as sole General Partner of A B R PLYMOUTH PLAZA, LTD., a Florida Limited Partnership, who affirmed that he is duly authorized and did execute such instrument on behalf of the partnership for-the purposes expressed therein. .• "N % . AZZ 'f _ •. Not?rv4U_.• Type pr nt stamp name of acknowle ger [personally Known [ ] Produced Identification Type of Identification Produced EXHIBIT "A" [LEGAL DESCRIPTION: PLYMOUTH PLAZA] A tract of land lying in Section 30, Township 28 South, Range 16 East, Clearwater, Pinellas County, Florida, and being more particularly described as follows: COMMENCE at the center of said Section 30; thence S. 00012'15" E., for 50.00 feet, along the centerline of U. S. Highway 19; thence N. 89055'13" W., for 100.00 feet, to the intersection of the South right-of-way line of S. R. 580, and the West right-of-way line of U. S. 19 (a 200 foot right-of-way); thence along said right-of-way the following three (3) courses: 1) S. 0001211511 E., for 150.49 feet, to a point of curvature of a curve concave to the Northeast; 2) thence southeasterly along the arc of said curve having a radius of 2964.93 feet, central angle of 21 050'27", an arc length of 1130.21 feet , and a chord bearing S. 11 °07128" E, for 1123.38 feet to the POINT OF BEGINNING; 3) thence continue southeasterly along the arc of said curve having a radius of 2964.93 feet, central angle of 04059'40", an arc length of 258.46 feet, and a chord bearing S. 24032'32" E., for 258.37 feet; thence, leaving said right-of-way line, S. 53051'47" W., for 93.06 feet; thence N. 36008'28" W., for 111.50 feet; thence S. 53051'32" W., for 229.00 feet; thence N. 36008'28"' W., for 18.50 feet; thence S. 53051'32" W., for 201.65 feet; thence N. 36°08'28" W., for 160.00 feet; thence S. 531D51'32" W., for 210.82 feet, to a point on the easterly right-of-way line of Enterprise Road; thence along said right-of-way line the following three (3) courses: 1) N. 55019'05" W., for 307.28 feet, to the point of curvature of a curve concave to the Northeast; 2) thence northwesterly along the arc of said curve having a radius of 270.00 feet, central angle of 45019'50", an arc length of 213.62 feet, and a chord bearing N. 32039'10" W., for 208.09 feet to the point of compound curvature of a curve concave to the Northeast; 3) thence northwesterly along the arc of said curve having a radius of 835.00 feet, a central angle of 00024'40", an arc length of 5.00 feet and a chord bearing N. 09046'55' W., for 5.99 feet to a point on the South line of the plat of Dunedin Industrial Park, as recorded in Plat Book 64, Page 76, of the Public Records of Pinellas County, Florida; thence along the southerly and easterly lines of said plat the following two (2) courses; 1) S. 89055'13" E., for 6.87 feet; 2) thence N. 00004'47" E., for 167.02; thence, leaving said plat, S. 89055'13" E., for 220.00 feet; thence S. 00°04'47" W., for 135.00 feet; thence S. 89055'13N E., for 568.72 feet; thence N. 00004'47" E., for 10.00 feet; thence S. 36056'12" E., for 70.43 feet to the point of curvature of a curve concave to the Northwest; thence northeasterly along the arc of said curve, having a radius of 47.75 feet, a central angle of 38013'11 an arc length of 31.85 feet and a chord bearing N. 77038'48" E., for 31.26 feet to a point of tangency; thence N. 58032'12" E., for 121.19 feet to the point of curvature of a curve concave to the Southeast; thence northeasterly along the arc of said curve having a radius of 187.16 feet, central angle of 091D05'08", an arc length of 29.68 feet, and a chord bearing N. 63°04'46" E., for 29.65 feet to a point of tangency; thence N. 67037120" E., for 26.65 feet to the Paint-of- Beginning. LESS that part thereof as described in Order of Taking recorded in O.R. Book 6656, Page 889 of the Public Records of Pinellas County, Florida. • 44 ATTACHED TO AND AN INTEGRAL PART OF: Water Main Easement Dated: September 30, 1996 Grantor: ABR Plymouth Plaza, LTD Grantee: City of Clearwater, Fl. MORTGAGEE CONSENT TO EASEMENT BANK MIDWEST, N. A., a National banking association, organized and existing under the laws of the United States of America, wit?r offices at 1100 Main Street, Kansas City, Missouri, on this y day of bc?o?-H . , 1996, acknowledging receipt of One Doll ar $1.00) and other good and valuable consideration, and the execution of the grant of easement or right--of--way by the fee owner of the premises described herein, the terms of which are incorporated herein and, by reference, made a part hereof, said corporation being the owner and holder of all the indebtedness secured by that certain mortgage and other instruments of collateral dated November 23, 1992 given to Chase Manhattan Bank, N. A., a national banking association, as recorded in Official Records Book 8108, Page 2182, et al, in the Public Records of Pinellas County, Florida, said mortgage and all related security instruments having been assigned to Lennar Northeast Partners Limited Partnership, a Delaware Limited Partnership, on November 3, 1994 as recorded in Official Records Book 8908, Page 683, Public Records of Pinellas County, Florida, and being subsequently assigned thereafter to BANK MIDWEST, N. A., a national banking association, which hereby consents and agrees to the grant of easement as described herein, and grants to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, its successors and assigns, the same right-of-way, and agrees that such right-of-way shall be prior and paramount to all rights under such mortgage, and any future modifications thereof; and that any sale under foreclosure of said mortgage shall be subject to such right-of-way. Signed, sealed and delivered in the presence of: By: TNESS SMa e S J A Print Name ESS S ture E NA11 `IJ Pr nt Name Pa e 2 - Notar Acknowled ent Ban Midwest, N. A. Consent to Easement given City of Clearwater, . Florida by ABA Plymouth Plaza, LTD. STATE OF MISSOURI COUNTY OF JACSKON The foregoing instrument was acknowledged before me this day of & kafA- , 1996 by John E. Baxter, as Vice President for BANK MIDWEST., N. A., -behalf of said banking corporation and for p p cr' herein. (SEAL) Notary P is - State of Missouri Type/Print Name Awye- . flat 1 f r .+? re. P<r Personally Known [ ] Produced Identification Type of Identification Produced -- L NM7 die-Nof7 &d BTAIM OP MMSOM T Pre ared b l, return to: ar arrett Engineerlnq Administration City of Clearwater P. O. Box 4148 Clearwater, F1. 34618-4748 AFFIDAVIT OF NO LIENS STATE OF FLORIDA COUNTY OF ` BEFORE ME, the undersigned authority, personally appeared Robert M. Reed, II, as sole General Partner of A B R PLYMOUTH PLAZA, LTD., a Florida Limited Partnership, whom, being first duly sworn, does depose and say: 1. That A B R PLYMOUTH PLAZA, LTD. is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: A portion of Section 30, Township 28 South, Range 16 East, in the City of Clearwater, County of Pinellas and State of Florida being more particularly described in EXHIBIT "A" attached hereto, and also being depicted in EXHIBIT "B" attached hereto. 2. That said property is now in the possession of the record owner. 3. That there has been no labor performed or materials furnished on said property for which there are unpaid bills for labor or materials against said, property, except (insert "NONE" if applicable, or list): ,, Afi-?- ' - 4. That there are no liens or encumbrances of any nature affecting the title of the property hereinabove described, except: That certain Note secured by a mortgage, along with other instruments of collateral dated November 23, 1992 ("mortgage") in favor of Chase Manhattan Bank, N. A., a national banking association, as recorded in O.R. Book 8108, Page 2182, et all of the Public Records of Pinellas County, Florida, said mortgage having been assigned to Lennar Northeast Partners Limited Partnership, a Delaware Limited Partnership, on November 3, 1994 as recorded in O.R. Book 8908 Page 683, Public Records of Pinellas County, Florida, and being subsequently assigned thereafter to Bank Midwest, N. A., a national banking association on October 31, 1995 as recorded in 0. R. 9155, Page 612, of the Public Records of Pinellas County, Florida.. 5. That it is hereby warranted that no notice has been received for any public hearing regarding assessments for improvements by any government, and it is hereby warranted that there are no unpaid assessments against the above property for improvements thereto by any government, whether or not said assessments appear of record. 6. That there is no outstanding sewer service charges or assessments payable to any government. , 7. That the representations embraced herein are for the purpose of inducing CITY OF CLEARWATER, its agents, successors and assigns to rely thereon. r? WITNE Wa.tness' Pr nted Signature ?r? 0, T RESS /h IJ??Nd ?iV 1 ?S? A 8 R PLYMOUTH PLAZA, LTD., a ida Limited Partnership Roberti M. Reed, II its sole general partner Witness' Printed Signature .., ... Sworn to and subscribed to before me this '--?Ol -day of A.D., 1996. Notary Publ c ,State of Florida 1-4it X 4 a y ( QeL IC rint/Type/Stamp name of notary [Personally Known [ ) Produced Identification Type of Identification Produced . N%, f 9;i' •:?C t? + 009 0 I EXHIBIT "A" [LEGAL DESCRIPTION: PLYMOUTH PLAZA] A tract of land lying in Section 30, Township 28 South, Range 16 East, Clearwater, Pinellas County, Florida, and being more particularly described as follows: COMMENCE at the center of said Section 30; thence S. 00012115" E., for 50.00 feet, along the centerline of U. S. Highway 19; thence N. 89055'13" W., for 100.00 feet, to the intersection of the South right-of-way line of S. R. 580, and the West right-of-way line of U. S. 19 (a 200 foot right-of-way); thence along said right-of-way the following three (3) courses: 1) S. 00°12115" E., for 150.49 feet, to a point of curvature of a curve concave to the Northeast; 2) thence southeasterly along the arc of said curve having a radius of 2964.93 feet, central angle of 21 ° 50'27", an arc length of 1130.21 feet , and a chord bearing S. 11 007'28" E, for 1123.38 feet to the POINT OF BEGINNING; 3) thence continue southeasterly along the arc of said curve having a radius of 2964.93 feet, central angle of 04059'40", an arc length of 258.46 feet, and a chord bearing S. 24032'32" E., for 258.37 feet; thence, leaving said right-of-way line, S. 53051'47" W., for 93.06 feet; thence N. 36008'28" W., for 111.50 feet; thence S. 53051'32" W., for 229.00 feet; thence N. 36008'28" W., for 18.50 feet; thence S. 53051'32" W., for 201.65 feet; thence N. 36008'28" W., for 160.00 feet; thence S. 53051'32" W., for 210.82 feet, to a point on the easterly right-of-way line of Enterprise Road; thence along said right-of-way line the following three (3) courses: 1) N. 55019'05" W., for 307.28 feet, to the point of curvature of a curve concave to the Northeast; 2) thence northwesterly along the arc of said curve having a radius of 270.00 feet, central angle of 45019'50", an arc length of 213.62 feet, and a chord bearing N. 32039110" W., for 208.09 feet to the point of compound curvature of a curve concave to the Northeast; 3) thence northwesterly along the arc of said curve having a radius of 835.00 feet, a central angle of 00°24'40 an arc length of 5.00 feet and a chord bearing N. 09046'55" W., for 5.99 feet to a point on the South line of the plat of Dunedin Industrial Park, as recorded in Plat Book 64, Page 76, of the Public Records of Pinellas County, Florida; thence along the southerly and easterly lines of said plat the following two (2) courses; 1) S. 89055'13" E., for 6.87 feet; 2) thence N. 00004'47" E., for 167.02; thence, leaving said plat, S. 89055'13" E., for 220.00 feet; thence S. 00°04'47" W., for 135.00 Feet; thence S. 891)55'13" E., for 568.72 feet; thence N. 00004'47" E., for 10.00 feet; thence S. 36056'12" E., for 70.43 feet to the point of curvature of a curve concave to the Northwest; thence northeasterly along the arc of said curve, having a radius of 47.75 feet, a central angle of 38 013'111 ", an arc length of 31.85 feet and a chord bearing N. 77038'48" E., for 31.26 feet to a point of tangency; thence N. 58 °32' 12" E., for 121.19 feet to the point of curvature of a curve concave to the Southeast; thence northeasterly along the arc of said curve having a radius of 187.16 feet, 'central angle of 09005'081, an arc length of 29.68 feet, and a chord bearing N. 63004'46" E., for 29.65 feet to a point of tangency; thence N. 67037120" E., for 26.65 feet to the Point-of- Beginning. LESS that part thereof as described in Order of Taking recorded in O.R. Book 6656, Page 889 of the Public Records of Pinellas County, Florida. ., 6.1 1 12 ,c EXHIBIT wBN . 44 N.F. p F.L. 6"C.I. 4"(77) C.I. 12- I -14 8"C.l. 19 Iva) \34/01 PLYMOUTH PLAZA No H/V 8¦(86) r?J 3A 6 A? % SCALE& 117-200' r l NOTE TM 19 NOT A KWEY1 `I ?L 1 1 1 G 1 ? 20 21 1 1 a N.f. 1 ?Q ?% 23 tads \ Well No. 57(29) ??. 57(29) &9- t ; -- ` (pluggcd'91) 8 ? DIALYSIS MACHINE DD NOT TURN WATER OFF 31 ?o . .? FM UBPARCa-UM o??` `• Cl Ty C Golf course ENGINEERCI DRA1W BY 111! by n --t= 1s /4Vb ?- Retum City Attorneys Office P. O. Box 4748 Clearwater, FL 34618 q a KNOW ALL MEN BY THESE PRESENTS, that pursuant to the ordinances of the City of Clearwater pertaining to the Issuance of building permits and regulating land development activities, the undersigned, being the fee ownerof the following described real property situated in the City of Clearwater, County of Pinellas and State of Florida, to wit: [ SEE EXHIBIT OK ATTACHED) does hereby make the following declaration of conditions, limitations and restrictions on sald lands, hereafter to be known and referred to as a DECLARATION OF UNITY OF TITLE, as to the following particulars; 1. That the aforesaid plot or combination of separate lots, plots, parcels, acreage or portions thereof, shall hereafter be regarded as and is hereby declared to be unified under one title as an Indivisible building site. . . 2. That the said property shall henceforth be considered as one plot or parcel of land, and that no portion thereof shall be sold, assigned, transferred, conveyed, devised, or mortgaged separately except in its entirety, as one plot or parcel of land. 3. That this Declaration of Unity of Title shall constitute a covenant to run with the land, as provided by law, and shall be binding upon the undersigned, and the heirs, successors and assigns of the undersigned, and all parties claiming under them until such time as the same may be released In writing under the order of the City Manager of the City of Clearwater. ' The undersigned also agree(s) that this instrument shall be recorded in the public records of Pinellas County, Florida. Signed, sealed, witnessed and acknowledged this `7?/?t day of 067701-['/ , 1996, at Clearwater, Florida. WITNESSES: OWNER: WALGREEN CO., an Illinois corporation Print Name Wie r y: Print Name ke Its Pr,:- --- &M Unity.wal 4L I STATE OF ILLINOIS )SS COUNTY OF LAKE I hereby certify that on this day before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgments, personally appeared to me known to be the person described in and who executed the foregoing instrument as Vice President of Walgreen Co., an Illinois corporation, and severally acknowledged before me that he executed the same as such officer in the name of and on behalf of said corporation. Witness my hand and official seal in the county and state last aforesaid this V-54 day of October, 1996. (Seal) 7 -.-"" ZI p F1F CIAL SEAL DAVID L GROBART NOTARY pUSLIC. STATF 01 ILLINOIS MY COMMISSION EXPIRESs11101199 (Signature) Print Name (Title) My commission expires: PARCEL 1: The North 65 feet of the South 41S feet of the East 112 of the West 1/2 of the Northwest 1/4 of the Northwest 114 of the Southwest 1/4 of Section 13, Township 29 South, Range 15 Cast, PINELLAS County, Florida, LESS AND EXCEPT the Saet 25 feet hereof for road right-of-way. PARCEL 2: Tract A: The East 131.30 feet of the Hest 164.26 fee; of the South 150 feet of the North 200 feet'of the West 114 of the Northwest 1/4 of the Northwest 114 of the Southwest 1/4 of Section 13, Township 29 South, Range 1S East, PINELLAS County, Florida. Tract 8: The South 60 feet of the North 260 feet of the West 1/4 of the Northwest 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 13, Township 29 South, Range 15 East, PINELLAS County, Florida, LESS AND EXCEPT the Nest 33 feet thereof for road right-of-way. PARCEL 3: Tract A: The West 60.00 feet of the East 1/2 of the West 1/2 of the Northwest 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 13, Township 29 South, Range 15 East. PINELLA.S County, Florida, LESS AND EXCEPT the South 495.00 feet thereof and LESS AND EXCEPT the North 50 feet thereof for road right-of-way of Gulf to Say Blvd. Tract 8: The East 1/2 of the West 1/2 of the Northwest 114 of the Northwest 114 of the Southwest 1/4 of Section 13. Township 29 South, Range 15 East, PI]MI.T.A.S County, Florida. LESS 1.NC EXCEPT the South 495.00 feet thereof and LESS AND EXCEPT the West 60.00 feet thereof and LESS AND EXCEPT the East 30.00 feet thereof for road right-of-way and LESS AND E?:CF-PT the North 50 feet thereof which is road right-of-way for Gulf to Bay Blvd. Tract C: The North 80.00 feet of the South 495.00 feet of the East 112 of the West 1/2 of the' Northwest 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 13, Township 29 South, Range 15 East, PINELLAS County. Florida, LESS AND EXCEPT r-be South 415.00 feet thereof and LESS AND EXCEPT the East 30.00 tact thereof for road right-of-way and further LESS AND EXCEPT that part of the North 245.00 feet of the East il2 of the Wiest 1/2 of the Northwest 1/4 of the Northwest 114 of the Southwest 1/4 of said section lying within the following description., Cemazence At the Northwest corner of the Southwest 1/4 of said section, run thence South 69024'10" East. 303.53 feet; thence South 0.01'28" East. 50.00 feet to the point of beginning; cont_nue thence South 0001'28" East, 11 feet; thence North 42659148" Nest. 203.47 feet; thence South 69024'10" East, 16 feet to She point of beg&nning, less existing rights of way.. PARCEL 4 The South 60 feet of the North 320 feet of the West 1/4 of the Northwest 114 of the Northwest 1/4 of the Southwest 1/4 of Section 13, Township 29 South, Range 15 East. pINRLL;LS.'County, Florida, LESS AND EXCEPT the West 33 feet therec! for road right - of - way. Also described as The South 60 feet of the North 320 feet of the East 131 feet of the West 1/4 of the Northwest 1/4 of the Northwest 1/4 of the Southwest 114 of Section 13, Tovrsh3F 29 South, Range 15 East. PINELL;.S County, Florida. LESS ;M EXCE`:- the West 33 feet t.-ereo! for toad right-of-way. 1 of 2 AbIF Lf 3 Retum To,. City Attorneys Office P. O. Box 4748 Clearwater, FL 34618 51120MLK-gASEMENT FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand paid to it, the receipt of which is hereby acknowledged, and the benefits derived therefrom, WALGREEN CO., an Illinois corporation, whose address Is 200 Wilmot Road, Deerfield, IL 60015, Attn: Law Dept, M.S. #F2252, does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, an easement to maintain a sidewalk on and across a portion of the land described In Exhibit "A" (the "Property"). This Easement shall only be applicable to the area of the Property on which the sidewalk exists as of the date hereof ("Sidewalk Easement'. A site plan depicting the location of the existing sidewalk on the Property and therefore the location of the Sidewalk Easement is attached as Exhibit B. The CITY shall have the right to enter the above described Property and Inspect the placement and dimensions of said sidewalks to Insure conformance with CITY specifications and to maintain same from time to time. The GENERAL PUBLIC shall have full and free use of said sidewalk at any and all times for pedestrian traveling purposes. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duty executed by Us proper officers thereunto authorized and its seal to be hereunto affixed, this /sf day of ? 199fi. Signed, sealed and delivered In the presence of _. . 't y LL-641?? Print Name VIMe- euJfe4:L- Print Name 7?.rY?y Meene n WALGREEN CO., an Illinois corporation ?gy: Its I F STATE OF ILLINOIS ) )SS COUNTY OF LAKE } I hereby certify that on this day before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgments, personally appeared tan . E fi}7 ?? , to me known to be the person described in and who executed the forego' g instrument as Vice President of Walgreen Co., an. Illinois corporation, and severally acknowledged before me that he executed the same as such officer in the name of and on behalf of said corporation. Witness my hand and official seal in the county and state last aforesaid this 2-(sr day of October, 1996. (Seal) OFFICIAL SEAL DAVID L GROBART MY COMMISSION EKPIRIES 11/0 '1 9I9 (Signature) Print Name (Titte) My commission expires: c PARCEL 1: The North 65 feet of the South 41S feet of the East 1/2 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section Sass, PINELLAS County, Florida, LESS AND EXCEPT the East right-of-way. PARCEL 2: of the Kest 1/2 of the Northwest 13, Township 29 South, Range 1S 2S feet thereof for road Tract A: The East 131.30 feet of the Want 164.26 feet of the South 150 feet of the north 200 feet of the West 1/4 of the Northwest. 1/4 of the Northwest 1/4 of the Southwest 114 of Section 13, Township 29 South, Range 15 Sant, PINELLAS County, Florida. Tract B: The South 60 feet of the North 260 feet of the West 1/4 of the Northwest 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section. 13, Township 29 South, Range 15 East, PINELLAS County, Florida, LESS AND EXCEPT the West 33 feet thereof. for road right-of-way. PARCEL 3: Tract A: The West 60.00 feet of the East 1/2 of the West 1/2 of the Northwest 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 13, Township 29 South, Range 15 East, PINELL;LS County, Florida, LESS AND EXCEPT the South 495.00 feet thereof and LESS AND EXCEPT the North 50 feet thereof for road right-of-way of Gulf to Say Blvd. Tract B: The East 1/2 of the West 1/2 of the Northwest 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 13, Township 29 South, Range 15 East, PISELI.A-S County, Florida. LESS AND EXCEPT the South 495.00 feet thereof and LESS AND EXCEPT the West 60.00 feet thereof and LESS AND EXCEPT the East 30.00 feet thereof for road right-of-way and LESS AND EXCEPT the North 50 feet thereof which is road right-of-way for Gulf to Say Blvd. Tract C: The North 80,00 feet of the South 495.00 feet of the Enst 1/2 of the West 1/2 of the' Northwest 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 13, Township 29 South, Range 15 East, PINELLAS County, Florida, LESS AND EXCEPT the South 415.00 feet thereof and LESS AND EXCEPT the East 30.00 feet thereof for road right-of-way and further LESS AND EXCEPT that part of the North 245.00 feet of the East 1/2 of the West 1/2 of the Northwest 1/4 of the Northwest 1/4 of the Southwest 1/4 of said section lying within the following description: CcMence at the Northwest corner of the Southwest 1/4 of said section, run thence South 8902410" East. 303.53 feet; thence South 0001128" East, 50.00 feet to the point of beginning; cont:.nue thence South 0901"8" F.a.st. 11 feet; thence North 42099148" West, 23.47 feet; thence South 89024110" East, 16 feet to She point of beginning, less existing rights of way., PARCEL 4: The South 60 feet of the North 320 feet of the West 1/4 of the Northwest 1/4 of the Northwest 114 of the Southwest 1/4 of Section 13. Township 29 South. Range 15 East, PINELLAS County, Florida. LESS AND EXCEPT the West 33 feet thexvvf for road right•cf-wa}'. Also described at The South 60 feet of the North 320 feet of the East 131 feet of the west 114 of the Northwest 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 13, Township 29 South. Range 15 East, VINELL;,S County, Florida, LESS MM EXCL ' the West 23 feet thereof for road right-of-way. 1 of 2 ¦ That part of the West 1/2 of the Northwest 1/4 of the Northwest `1/4 of the Southwest 1/4 of Section 13, Township 29 South, Range 15 East, Pinellas County, Florida, being further described as - follows: Commence at-the Northwest corner of the Southwest 1/4 of said Section 13; Thence S 69022144" E, 33.00 feet along the East-West centerline of said Section 13; Thence, leaving said line, S. 00003140" W, 50.00 feet to the Intersection of the East right- of-way line of Keene Road (County Road 26) and the South right- of--way line of Gulf-to-Bay Boulevard (State Road 60) and the Point of Beginning; Thence, along said South right-of-way line the following: S 89022144" E, 249.75 feet; Thence, S 43000102" E, _ 23.47 feet to the West right-of-way line of Virginia Lane (right- of size varies) ; Thence, along said West right-of--way line the following: S 00003111" E, 181.49 feet; Thence, S 89020136" E, 5.00 feet; Thence S 00003111" E, 65.00 feet; Thence, leaving said line, N 8902013611 W, 139.64 feet; Thence S 00000114" W, 6.61 feet; Thence, N 89022144" W, 131.64 feet to the East right-of- way line of said Keene Road; Thence, along said East line, N 00003'40" E, 270.01 feet to the Point of Beginning. 4196--065-317246.01 2 of 2 i I }r.'.• .. :`.1r .i4+Yfr?Y!^ws...... .ww .^-y.e e,?iLn7aF :keo.?l:r ? .. .. .. i aN ? r rf .' ¦ ? rx#w: 0 25 0 ?;.?N89 i. . _. N ;g Z O M ra '? u. • . T. IN +u i N N i Jam' .. A • s Sa OD . i i r? ap•23'<r•N o . -W aNnRUN[ i, c u;.. F r o S. R. B A Y B D B L V D q? r?U4? + «?1 s ge p i M f 33 00 ?? Spa. .?f9!N?' ''' •' .,.. .. •... ? ? ,. r AbE 4 Sewm.TO: City Attorneys Office P. 0. Box 4748 Clearwater, FL 34618 y FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand paid to It the receipt of which is hereby acknowledged, and the benefits derived therefrom, WALGREEN CO., an Illinois corporation, does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, the following two (2) easements over, under and across a portion of the land described on Exhibit "A" (the "Property"), lying and being situated in the County of Pinellas, State of Florida: (1) A Ten (10) foot water line easement lying five (5) feet each side of all water lines existing on the Property as of the date hereof, and up to and including all hydrants and meters that may lie under buildings or within five (5) feet of buildings (the "Water Line Easement"), AND (2) an ingress and egress easement for refuse and garbage collections serving only the Property subject to this easement and for the related CITY service and utility vehicles to enter the Property solely to provide service to the Property (the "Refuse Collection Easement"). The CITY shall have the right to enter the above described premises and inspect the placement and dimensions of said water fines to insure conformance with CITY specifications and to malntaln sarne from time to time. WALGREEN CO. may from time to time at Its sole cost and expense, and in full compliance with applicable City of Clearwater taws, relocate, after and/or modify the Water Line Easement. Except as may exist as of the date of this instrument, all equipment and facilities installed at the Property pursuant to the Water Line Easement shall be buried below the ground. Any entry onto the Property by the CITY or by any other person or entity on its behalf or otherwise pursuant to these easements, shall (1) not materially Interfere with the conduct of any business on or use of the Property by Grantor, (ii) not damage any Improvements located at or on the Property from time to time, and (Ili) shall be at that person or entity's sole risk as to Injury or damages. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed by its proper officers thereunto authorized and its seal to be hereunto affixed, this S/f/- day of . te . ,1996. Signed, sealed and delivered in the presence of Print 1r19q /1?I p;P U S CP, WALGREEN CO., an Illinois corporation gy: STATE OF ILLINOIS ) )SS COUNTY OF LAKE ) hereby certify that on this day before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgments, personally appeared Offt'h A,' , to me known to be the person described in and who executed the foregoing instrument as Vice President of Walgreen Co., an Illinois corporation, and severally acknowledged before me that he executed the same as such officer in the name of and on behalf of said corporation. Witness my hand and official seal in the county and state last aforesaid this -2,10- day of October, 1996. (Seal) rr?WW OFFICIAL SEAL ART DAVID L GROB ROTARY PUSLIc, STATE OF ILLINOIS MY CO%4MISSION EXPIRES: 11101/89 (Signature) Print Name (Title) My commission expires: ?wis ;i': ? ? en'f. StwiL JPa°s..........? . ... ... . ... .» .-,sr+..,s^a.r.', t+...?........ _.. . yy PARCEL 1: The North 65 feet of the South 415 feet of the East 1/2 of the West 1/2 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 13, Towsuhi,p 29 East, PINELLAS County, Florida, LESS AND EXCEPT the East 25 feet thereof right-of-way. PARCEL 2: cif the northwest South, Range 15 for road Tract At The East 131.30 feet of the Want 164.26 feet of the South 15D feet of the North 200 feet of the hest 1/4 of, the Northwest 1/4 of the Northwest 114 of. the Southwest 1/4 of Section 13, Township 19 South, Range 15 East, PINSLLXS County, Florida. Tract B- The South 60 feet of the north 260 feet of the Kest 1/4 of the Northwest 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 13, Township 29 South, Range 15 East, PINELLAS County, Florida, LESS AND EXCEPT the West 33 feet thereof for road right-of-way. PARCEL 3: Tract At The West 60.00 feet of the East 1/2 of the West 1/2 of the Northwest 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 13, Township 29 South, Range 15 East, PINELLA.S County, Florida, LESS AND EXCEPT the South 495.00 feet thereof and LESS AND EXCEPT the North 50 feet thereof for road right-of-way of Gulf to Bay Blvd. Tract B: The East 112 of the West 112 of the Northwest 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 13, Township 29 South, Range 15 East, PISFLT.AS County, Florida. .LESS MM EXCEPT the South 495.00 feet thereof and LESS AND EXCEPT the West 60.00 feet thereof and LESS AND EXCEPT the East 30.00 feet thereof for road right-of-way and LESS AND EXCEPT the North 50 feet thereof which is road right-of-way for Gulf to Bay Blvd. Tract C: The North 80.00 feet of the South 495.00 feet of the East 1/2 of the West 1/2 of the' Northwest 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 13. Township 29 Smith, Range 15 East, PINELI.AS County, Florida, LESS AND EXCEPT the South 415.00 feet thereof and LESS AND EXCEPT the East 30.00 feet thereof for road right-of-way and further LESS AND EXCEPT that part of the North 245.00 feet of the East 1/2 of the west 112 of the Northwest 1/4 of the Northwest 1/4 of the Southwest 1/4 of said section lying within the following description: Continence at the Northwest cornier of the Southwest 1/4 of said section. run thence South 89024'10" East, 303.53 feet; thence South 0001'28" East. 90.00 feet to the point of beginning; continue thence South 0001`:8" East, 17 feet; thence North 4:959'48" West. 23.47 feet; thence South 89024'10" East, 16 feet to ,6he point of beginning, less existing rights of way.. PARCEL 4: The South 60 feet of the North 320 feet of the Kest 1/4 of the Dorxhwest 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 13. Township 29 South, Range 15 East. PINELLAS County, Florida, LESS AND EXCEPT the West 33 feet thereof for road right-cf-way- Also described as The South 60 feet of the North 320 feet of the East 131 feet of the Kest 1/4 of the Northwest 1/4 of the Northwest 1/4 of the Southwest 114 of Section 13, Township 29 South. Range 15 East, PINELLAS County. Florida. LESS AIM EXCE; the West 33 fee. t.. ereof for road right-of-way. I of 2 I": 1 f? That part of the West-1/2 of the Northwest 1/4 of the Northwest -1/4 'of the Southwest 1/4 of Section 13, Township 29 South, Range 15• East, Pinellas County, Florida, being further described as follows: Commence at. the Northwest corner of the Southwest 1/4 of said 'Section.13; Thence S 89°22144" E, 33.00 feet along the East-West centerline of said Section 13; Thence, leaving said line, S'00°03140" W, 50.00 feet to the Intersection of the East right- of-way line of Keene Road (County Road 26) and the South right- of-way line of Gulf-to--Bay Boulevard (State Road 60) and the Point of'Beg,inning; Thence, along said South right-of-way line the following: S 89022144" E, 249.75 feet; Thence, S 43000002" E, 23.47 feet to the West right-of--way line of Virginia Lane (right- of-way size varies); Thence, along said West right-of-way line the following: S 00003111" E, 181.49 feet; Thence, S 8902013611 E, 5.00 feet; Thence S 00003111" E, 65.00 feet; Thence, leaving said line, N 89020136" W, 139.64 feet; Thence S 00000014" W, 6.61 feet; Thence, N 89022144" W, 131.64 feet to the East right-of- way line of said Keene Road; Thence, along said East line, N 00003140" E, 270.01 feet to the Point of Beginning. 4196-065-317246.01 2 of 2 3 k O co. ?- y5 TO: The Honorable Mayor and Members of the City Commission FROM: Pamela K. Akin, City Attorney SUBJECT: Request for Authority to Initiate Eviction Proceedings DATE: October 24, 1996 The City of Clearwater's Engineering Department has requested the Legal Department to initiate eviction proceedings for the individuals listed on Exhibit A (attached hereto). On July.31, 1996, the City received notification from its contractor for Phase 11 of the Stevenson Creek Improvement Project that the City-owned residential duplexes currently occupied by the individuals listed on Exhibit A must be vacated by January 1997. The individuals listed on Exhibit A were duly notified that they would need to vacate the premises no later than midnight, December 1, 1996. Subsequent to receiving notice to vacate, the individuals listed on Exhibit A ceased paying rent to the City. The City Attorney requests City Commission approval to initiate eviction proceedings for non-payment of rent against the individuals listed on Exhibit A. PKA/JCras Attachment copy: Elizabeth M. Deptula, City Manager Richard Baler, City Engineer Earl Barrett, Real Estate Services Manager sAJskinnerlcommis. evi f. ,. . ?ti •N 1k117?1'.C.i' ?.ry N.i rl.n fir. «r .. .. .. .. .. ?. ... ?... ..... ...? . .. .. ..... x i q 1. . .F? EXHIBIT A }.::. Sarah Faymoville and Michael Fisher 1364-A Jeffords Street Clearwater, FL 34616 Russell L. Woodrum 1364-B Jeffords Street Clearwater, FL 34616 : Yvonne Penninger 1368-A Jeffords Street Clearwater, FL 34616 a•3, . a Fr , KaF , Y-5 ,r ' [ b l{Ff'•""? , +.>'1?inhi YR1JFY,43ig4,'sJYIP15•M. wkw++ . u....q, +1-. ..,.«wa..e ..?,.. ,r,., r ... _.. ., ! J v - ' 1. H. ° ??, ?} .r•; ii?.'4 )'? ` ?r.,?V??= k s. ea,? ?rti ?' ???,"?.' :?,_l?,'°:f. ar r? ?f r 1 Q C0. MEMORANDUM y? TO: The Honorable Mayor and Members of the City Commission FROM: Pamela K. Akin, City Attorney SUBJECT: Request for Authority to Initiate Foreclosure Proceedings DATE: October 24, 1996 The City of Clearwater's Office of Economic Development has referred the delinquent rehabilitation mortgage accounts of the property owners listed on Exhibit A (attached hereto) to the Legal Department for foreclosure. The list includes for each property: the property address and legal description; the City rehabilitation loan account number, the date the mortgage was recorded, along with the O.R. Book and Page number; and, the total amount due on the mortgage. The City Attorney requests City Commission approval to initiate foreclosure proceedings against the property owners listed on Exhibit A. PKAIJCIjas Attachment Copy: Elizabeth M. Deptula, City Manager Alan Ferri, Director, Economic Development s-.Nsklnner%commis. mtg Betty I Key Estate Property Address: 501 Pennsylvania Avenue Legal Description: South 50 feet of Lots 1 and 2, Block H, Park Plaza Addition, Rehabilitation Loan No. 143 Loan Recording Date: 415178 O.R. Book/Page: 4678/1963 Amount Due: $8,038.56 Alfred McCloud Property Address: 1012 N. Madison Avenue Legal Description: Lot 15, Block B, Springfield Subdivision No. 1 Rehabilitation Loan No. 109 Loan Recording Date: 6/6190 O.R. Book/Page: 7295/1697 Amount Due: $41,618.61 ;.' Mary Robinson . Robert C. Larry Property Address: 606 Cedar Street F . Legal Description: West half of.Lots 43 and 44, Block D, J.J. Eldridge Subdivision Rehabilitation Loan No. 601 Loan Recording Date: 3/9/88 O.R. Book/Page: 6696/2013 Amount Due: $15,943.36 sajskinnerlresl.exh -ba V!.iaY'.I.Y.+44i•13F.'11kT?w"???i. ., •"^"''M.>,.wryy.iN?I?'fi?9i?lil•1JiM•?t1M1hrA 4'r.'.F11:'f[}j»Trf Y+ri ?i W?IV.?,J?:t .?i+Fs.. ..a .. u... .?E?. l .:a a ... ,.. .. ..,?. C), 0. 3 q7 TO: The Honorable Mayor and Members of the City Commission pW- FROM: Pamela Kr Akin, City Attorney SUBJECT: Request for Authority to Initiate Foreclosure Proceedings DATE: October 24, 1996 On February 15, 9996, the City Attorney's Office mailed out demand letters to owners'of property that currently have unpaid and delinquent liens. These liens were levied by the City of Clearwater for lot clearing, unpaid utilities, demolition, and sanitary sewer and were recorded in the Official Records of Pinellas County. The demand letters informed the property owners that they had thirty (30) days to either pay the lien in full or enter into a payment plan with the City. The property owners listed on Exhibit A (attached hereto) have failed to either pay the lien in full or enter into a payment plan within the time provided. The City Attorney, pursuant to Section 2.036(2) of the City of Clearwater Code of Ordinances, requests City Commission approval to initiate foreclosure proceedings against the property owners listed on Exhibit A. A procedure for a municipality to foreclose upon said liens is provided by Chapter 173, Florida Statutes. PKA/JCgas Attachment Copy: Elizabeth M. Deptula, City Manager Cynthia E. Goudeau, City Clerk sAjSkinneAcommisi.lie It: r Anclote Estates, Inc. Property Address: vacant lot at about 906 Palmetto Street Legal Description: Pennsylvania Subdivision, Lot 5 Lien No. 1: MHC-45 - .. Lien Recording Date: 8121/79 Amount Due: $2,957.62 Lien No. 2: M-817 - Lien Recording Date: 5/13188 Amount Due: $916.72 Total Amount Due: $3,874.34. Estate of Lela Boykin c/o Einstein Boykin Property Address: vacant lot at about 1028 N. Missouri Ave. Legal Description: Springfield Subdivision No. 2, Block 2, Lot 5 Lien No. 1:'M-348 Lien Recording Date: 6/7178 Amount Due: $107.51 Lien No. 2: M-404 . Lien'Recording Date: 4/16/79 ;..: '. Amount Due: $104.38 Lien No. 3: M-490 " :f Lien Recording Date: 2127180 Amount Due: $331.84 Lien No. 4: M-601 Lien Recording Date: 717183 Amount Due: $2,387.40 Lien No. 5: M-637 . ' ' Lien Recording Date: 6/7/84 Amount.Due: $543.72 Lien No. 6: M-787 Lien Recording Date: 1/15/87 Amount Due: $984.47 Lien No.? 7: M-811 Lien Recording Date: 12/23/87 : Amount Due: $1,902.59 Lien No. 8: M-928 Lien Recording Date: 8/25/89 Amount Due: $3,592.64 i Lien No. 9: M-1267 ?. Lien Recording Date: 10/26/94 ' Amount Due: $345.28 `: Total Amount Due: $10,299.83 James A. Erskine Nancy A. Erskine Property Address: vacant lot at about 301 North Pennsylvania Avenue Legal Description: Plaza Park Subdivision, Block D, Lot 6 Lien No. 1: U-155 Lien Recording Date: 719191 Amount Due: $579.47 Lien No. 2: M-1044 Lien Recording Date: 11/19/92 :Amount Due: $449.55 Lien No. 3: M-1106 ' Lien Recording Date: 4113193 Amount Due: $448.64 Lien No. 4: M-1151 Lien Recording Date: 10/28/93 Amount Due: $373.88 Lien No. 5: M-1221 Lien Recording Date: 2128194 'Amount Due: $407.57 ` Lien No. 6: M-1257 Lien Recording Date: 9129/94 Amount Due: $317.09 Lien No. 7: M-1322 ` Lien Recording Date: 2/15/95 Amount Due: $302.95 . Lien No. 8: M-1342 Lien Recording Date: 8124/95 Amount Due:. $291.77 Lien No: 9: M-1405 Lien Recording Date: 2122/96 Amount Due:. $280.65 Total Amount Due: $3,451.57 Frances Green c/o Dorothy Green Property Address: vacant lot at about 804-806 Jurgens Street Legal Description:. Jurgen Addition to Clearwater, Block B, Lot 2 less road Lien No. 1: M-755 Lien Recording Date: 8112186 Amount Due: $178.16 Lien No. 2: M-833 Lien Recording Date: 1128188 '..; :. Amount Due: $156.03 . Lien No. 3: M-1036 Lien Recording Date: 11119/92 Amount Due: $330.29 2 1 i I 5.' .1 Lien No. 4: M-1080 Lien Recording Date: 2111193 Amount Due: $329.66 Lien No. 5: M-1163 Lien Recording Date: 1219193 Amount Due: $303.34 Lien No. 6: M-1227 Lien Recording Date: 4120194 Amount Due: $294.10 Lien No. 7: M-1294 Lien Recording Date: 213!95 Amount, Due: $266.65 Lien No. 8: M-1347 Lien Recording Date: 10111/95 Amount Due: $248.02 Lien No. 9: M-1413 Lien Recording Date: 2122196' Amount Due: $242.42 Total Amount Due: $2,348.67 John Hunter '.Property Address: vacant lot at about 1412-1414 N. Greenwood Avenue Legal Description: Lincoln Place, Block 1, Lots 1 and 2 Lien No.:. M-748 Lien Recording Date: 5/1186. Total Amount Due: $211.22 Joseph L. Johnson ,E Tyrone Mason Property Address: vacant lot at about 911 Metto Street ::•:,; Legal Description: Pennsylvania Subdivision, Lot 12 Lien No. 1: 30460 Lien Recording. Date: 7115182 Amount Due: $1,950.49 Lien No. 2: M-834 Lien Recording Date: 1128188 ` Amount Due: $1,244:51 'Lien No. 3: M-905 Lien Recording Date: 12/23/88 Amount Due:. $309.70 Lien No. 4: M-934 Lien Recording Date: 1125190 Amount Due: $301.45 Lien No. 5: M-1103 Lien Recording Date: 4113193 • f r .C{__.--_,_..?le}S fi N..r++.rw .- ,. .». .» i.NiGAk. tirMMr ?.o ... . ..t. ..\l........ .- •.. r-. .., Amount Due: $361.97 Lien No. 6: M-1137 Lien Recording Date; 9/17/93 Amount Due: $312.28 Lien No. 7: M-11.74 Lien Recording Date: 1219193 Amount Due: $306.47 Lien No. 8: M-1235 Lien Recording Date: 4120194 Amount Due: $294.10 Total Amount Due: $5,080,97 James Liddell, Jr. Property Address:. vacant lot at about 908 Palmetto Street Legal Description: Pennsylvania Subdivision, Lot 8 and Lots 8 and 13 Lien No. 1: M-906 (Lots 8 and 13) Lien Recording Date: ,'12123188 Amount Due: $1,935.49' Lien No. 2: M-980 Lien Recording Date: 113192 Amount Due: $305.91 Lien No. 3: M-1029 Lien Recording Date: 911192 Amount Due: $345.54 Lien No. 4: M-1067 Lien Recording Date: 12/22/92 Amount Due: $349.53 Lien No. 5: M-1138 Lien Recording Date: 9117193 Amount Due: $314.96 Lien No. 6: M-1172 Lien Recording Date: 1219193 Amount Due: $320.30 Lien No. 7: M-1233 Lien Recording Date: 4120194 Amount Due: $296.78' f Lien No. 8: M-1297 Lien Recording Date: 213!95 Amount Due: $267.08 Lien No. 9: M-1341 Lien Recording Date: 8124195 Amount Due: $243,34 Lien No. 10: M-1403 Lien Recording Date: 2122196 Amount Due: $235.26 4 3 Lien No. 11: M-1428 Lien Recording Date: 411196 Amount Due: $235.26 Total Amount: $4,849.45 James Liddell, Jr. 'Property Address: vacant lot at about 909 Metto Street Legal Description: Pennsylvania Subdivision, Lot 13 and Lots 8 and 13 Lien No. 1: M-931 (Lots 8 and 13) Lien Recording Date: 11/29/89 Amount Due: $370.93 Lien No. 2: M-1104 Lien Recording Date: 4113193 Amount Due: $358.10 Lien No. 3: M-1139 Lien Recording Date: 9117193 Amount Due: $326.47 Lien No. 4: M-1173 Lien Recording Date: 12!9193 Amount Due: $306.47 Lien No. 5: - M-1234 Lien Recording Date: 4120194 Amount Due: $294.10 Lien No. 6: M-1265 Lien Recording Date: 10/26/94 Amount Due: $261.46 Lien No. 7: M-1320 Lien Recording Date: 2115195 Amount Due: $254.74 Lien No. 8: M-1423 Lien Recording Date: 318196 Amount Due: $535.00 Total Amount Due: $2,707.27 Lenora Terrell Property Address: vacant lot at about 1215 Railroad Avenue Legal Description: Palm Park Subdivision, Block B, Lots 1, 10, 11, and 12 Lien No. 1: MHC-43 Lien Recording Date: 4123179 Amount Due: $1,196:23 Lien No. 2: MHC-50 Lien Recording Date: 8115185 Amount Due: $2,850.25 Total Amount Due: $4,046.48 ¦ 5 Daisy Williams Property Address: vacant lot at about 900 LaSalle Street Legal Description: Palm Park Subdivision, Block C, Lot 16 Lien No. 1: M-717 Lien Recording Date: 11/21/85 Amount Due: $268.08 Lien No. 2: M-759 rs Lien Recording Date: 8112186 Amount Due: $203.13 Lien No. 3: M-805 Lien Recording Date: 3127187 Amount Due: $278.43 Lien No. 4: M-836 Lien Recording Date: 1128188 Amount Due: $771.44 Lien No: 5: M-921 Lien Recording Date.: 3121189 :.;;. Amount Due: $369.74 Lien No. 6: M-935 Lien Recording Date: 1125190 Amount Due: $351.14 Lien No. 7: M-960 Lien Recording Date: 4118191 Amount Due: $438.24 a .. Lien No. 8: M-979 USi , ;.. v_ Lien Recording Date: 113192 Amount Due: $425.32 Lien No. 9: M-1021 =,'.. Lien Recording Date: 7130192 Amount Due: $360.66 Lien No. 10: M-1072 Lien Recording Date: 12122192 Amount Due: $559.50 Lien No. 11: M-1125 ,. Lien Recording Date: 813193 Amount Due: $463.72 Lien No. 12: M-1170 Lien Recording Date: 1219/93 Amount Due: $348.72 " Lien No. 13: M-1219 Lien Recording Date: 2128/94 Amount Due: $353.09 Lien No. 14: M-1247 Lien Recording Date: 8115194 Amount Due: $324.82 :,'?; 6 +.yari:.an !tfi•y:, a1V r# .a+!' ,.r:s•ir °j•x•:*!1'S. f'r .. Lien No. 15: M-1285 Lien Recording Date: 12113194' Amount Due: $301.06 Lien No. 16: M-1316 ' Lien Recording Date: '2115195 Amount Due: $304.78 's. Lien No. 17: 'M-1339 Lien,Recording Date: 8124195 ;s• Amount Due: $289.58 Lien No. 18i M-1402 Lien Recording Date: 2122196 Amount Due: $278.46 Lien No: 19: M-1415 Lien Recording Date: 2122196 Amount Due: $278.46 ap.. f Total Amount Due:: $6,968.37 s:Vskinner.UisLdoc ja: .. lRY , •F i'LS ,F , 7 i i 1 3 x ?8 DOWNTOWN DEVELOPMENT $OARD) October 24, 1996 VIA FAX (813) 462 0r Mayor Rita Garvey and City Commissioners City of Clearwater 112 South Osceola Avenue Clearwater, Florida 34618-4748 1?lira it Wi"""' Re: Downtown Clearwater Discovery Day -November 9,1996 `h"'penan November 7,1996 Agenda Item - City Co-sponsorship Dear Mayor and Commissioners: David Stone . Please include on your November 7, 1996, agenda, our request that the City of Clearwater co-sponsor the Downtown Discovery Day scheduled for November 9, 1996. Ronald M. Ricardo Through your co-sponsorship, we are requesting that the City waive its insurance requirements and provide portalets, sound system for bands, sound system technician, police coverage, and garbage receptacles. In exchange, the City's co-sponsorship will be " recognized in all promotional materials, David Richard R. "Buzz DwightMatheny The event is intended to entice citizens of Clearwater downtown to see the model for the future and to experience downtown as it is now in order to promote enthusiasm for Glenn T. Warren downtown development. We are coordinating our efforts with Saturday in the City in order to get the combined effect of both events. Roger w. Woodruff Not including volunteer hours and merchant donations, we have obtained commitments for $9,100,00 in cash and in kind services. In addition, thirty-six merchants Judi Hackett are participating in the shop hop and have donated gifts having a combined value of w $2,754,00 for the drawing. Other sponsors are: WSJT 94. 1, Tampa Tribune, Clearwater Printing, Barnett Bank, Citizens Bank & Tust, and the Downtown Development Board. Attached for your information is a copy of the schedule of events. Thank you for your consideration of this request. Sincerely; _--- ?? / C._ f;,l:hse K, Winters k P.O. Box 1225 D Clearwater, FL 34617 0 (813) 461.0011 cxL 231 i1 10/24/06 15,57 '&449 2881) DOWN'T'OWN CLEARWATER, DISCOVERY DAY Panel 5 - SCHEDULE OF EVENTS 1Q am U.S. Post Office - Pick up Passport and Trolley 650 Cleveland St. Station Square Park - Farmer's Market (8 a.m. until 1 p.m.) enjoy fruits, veggies & crafts 620 Cleveland St, Station Square Park - music by Jim Hacket and the 16th Street "Jammin Steelers" steel 620 Cleveland St. drum band (10 amL until noon) Station Square Park - Children's Poster contest award presentation 620 Cleveland St. Nature's Food Patch - Store tour 1225 Cleveland St. IQ - noon Main library - Children's fUrn festival including: How to be a Perfect Person in.Just 3 Days, From the Mixed Up Files of Mrs. Basil E. Frankweler, The Electric Grandmother, Rikld Tj3dd 1 Tavi and the Foundling 100 N. Osceola Ave. 10:30 - 11:30 ` Salt Water Fly Fisherman - Fly Casting on Post Office steps 623 Cleveland St. 11 am Souper Soup Sampler - Harrison's, Nature's Food Patch, Jimmy Halls, Lloyd & Jean's, 620 .Cleveland St. Renegade Cafe, Pete's Bar B Q offer their finest Iron Gate Boutique - Special. Angel Sh6wing 703B Court St . ,` Classes R Us - Astro Dice demonstration gives glimpse of Astrology with Psychic 41 N. Fort Harrison Interpretations I ' Clearwater Kung-Fu Center - Martial Arts & Self Defense demonstration (ends 11:30) 533 Cleveland St. Nature's Food Patch - Thanksgiving Natural Foods Cooking class 1225 Cleveland St. .4 40 UCDD flier panel 5 cp, nt), BeachComber's Pets - Animal Nutrition workshop 1232 Cleveland St. 11:30 -.12:3-0 Botanica Day Spa - Non surgical facelift demonstration 628 Cleveland St. 12 noon Station Square Park - music by Vrehodas (until 2 p.m.) 620 Cleveland St. Classes R Us - Casino Craps demonstration 41 N. Fort Harrison Green Benches & More - Professional Pool Player demonstration 703 Franklin St. Friths Skate Shop Aggressive Tnline Skating demonstration wj Ramp Jumping 700 Cleveland Street" Nature`s Food Patch - Store tour 1225 'Cleveland St. 12:30 -- 1 pm Hapkido Intl - Self Defense demonstration with Rolling, Brealfalling & Musical Kata forms 1236 Cleveland St. 1 m Classes It Us - World Wide Web Stirling demonstration 41 N. Fort Harrison Main Library - Trial of goldilocks vs. The 3 Bears (presented by the Clearwater Bar) 100 No. Osceola Ave. Sunset Bike Shop - World Class Freestyle Jumping competition (ends ® 1:30) 1220 Cleveland St. BeachComber's Pets - Animal Nutrition workshop 1232 Cleveland St, 2_9m' Station Square Park - Passport drawing for prizes 620 Cleveland St. Lzzw 492 P02 ELISE K 1,1I11TERS P to 10-24-96 16:16 rt-+.?» ...-•?•?.` ,...,.-.,.?, ?.k„?11...tadrGi:•:!.,..a?.. .y.L.?w?v , r V 9 F Y 1 i 10/24/00, 13:58 $440 2885 CLIM CIIr1blM 2003/006 a: i DCDD flier - panel 5 tconO :30 - 7 Station Square Park - Concert featuring Jazz Great Chick Corea 620 Cleveland St. , all _ l day U.S. Post Office - see and discuss model of Clearwater's Downtown Redevelopment Plan 650 Cleveland St. - drop off completed Passports (you do not need. to be present to win) Jolley Trolley - free shuttle service for Passport holders and the Shop Hop throughout downtown historic tours on Trolley Wilhite Bookstore - Free Rare Book appraisals 425 Cleveland St. Brown's Coins - Free Coin appraisals (limit 2 coins per person) 617 Cleveland St. Saltwater Fly Fisherman - Fly tying demonstration, wildlife art exhibition 623 Cleveland St. Park Jewelers - Free Jewehy cleaning 645 Cleveland Street Burning Bridges - Sheek peek at our 1997 line of Workout Wear 700 Court St. Sybil's Designer Consignor - 25% off Everything] (Shop Hop Special) 700 Court St. CLASSES 'R US - 25% off all classes for the month of November (Shop Hop Special) Arrtscape! - Primal Pastiche exhibition 41 N. Fort Harrison St. Webb's Menswear - Free fashion consultations 501 S. Fort Harrison EMCEE - 10am -It: 77 ]lam-noon: Bill Bates, the Music King noon - 2 pm: 2 - 4 pm: WS.IT provides Throughout the downtown area all day entertainment with: Magician, Jugglers, Tight Rope walking, caricatures, clowns with balloons & face painting Children's poster contest theme - Clearwater 2020 - on display throughout the area 3 I 'r k t k N To: Elizabeth M. Deptula, City Manager 0: Ct iii ater U Interoffice orrespondence Smoot From: Ream Wilson, Director, Parks and Recreation Department CC: Terry Schmidt, Senior Recreation Supervisor Date: November 1, 1996 RE: Downtown Clearwater Discovery Day As you are aware, the Downtown Development Board is sponsoring a "Downtown Clearwater Discovery Day" to be held at Station Square Park and downtown on Saturday, November 9, 1996. Ms. Elise Winters, chairperson of the event for the DDB, has sent a letter to Mayor Garvey and the City Commission requesting City co-sponsorship. Specifically, the letter requested the waiver of insurance, and the provision of Port-O-lets, sound systems for the bands, sound system technician, police coverage, trash receptacles, etc. A new development associated with this activity is that Mr. Chick Corea and his band will be the featured performers. This is a nationally renowned entertaining group which we expect to attract an extremely large crowd. Although it's difficult to estimate, we would guess between 2,500 and 5,000 people. Since this crowd would be too large for Station Square Park, we anticipate arranging a portable stage to be placed in the parking lot immediately east of the park. Also, we more than likely will close Laura Street for additional spectators. 1n view of the popularity of Mr. Corea, the cost of City services will be greater than originally anticipated. These may be summarized as follows: Police Officers $600 Part-O-Lets $ 200 Stage $150 Electrical/Sound $160 2 Parks Employees (cleanup) $240 Electrician $80 Potted plants along Cleveland St. $200 Total $1,630 Terry Schmidt of our Department has been meeting with the event committee since advanced planning is required for the provision of City services. We needed to be prepared in the event the request for co-sponsorship is approved by the City Commission since the event will be held only two days after the Commission meeting. Please contact me or Terry Schmidt in the event you have any questions or desire further Information. RW/bd PARKS16DOWNSIRW\DOWNTOWN DISCOVERY *t V, Clearwater City Commission Agenda Cover Memorandum SUBJECT: Management Plan for Camp Soule RECOMMENDATION/MOTION: Award a contract for a "not to exceed" fee of $13,870 to HDR Engineering, Inc., for the purpose of preparing a "Management Plan" for Camp Soule which will meet all requirements of the Florida Communities Trust (FCT) for the award of a matching grant for the acquisition of Camp Soule ® and that the appropriate officials be authorized to execute same. _ SUMMARY: • A private citizens"group made application to the FCT in August of 1995 for a grant to assist in funding the purchase of the Boy Scout property known as Camp Soule. The FCT subsequently approved the application. • On March 7, 1996, the City Commission approved a "Conceptual Approval Agreement" with the t=CT. According to this Agreement, the FCT Preservation 2000 grant to the City would in no event exceed the lesser of 50% of the total project cost,or $1,419,625. The application stated that the local match would be raised through private or corporate charitable contributions. Mr. William Robinson, Scout Executive of the West Central Florida Council, signed a "Willing Owner Statement" (attached) stating that the Council is willing to entertain a purchase offer from the City and the FCT. In recent discussions with Mr. Robinson, the Boy Scouts will give primary consideration to provisions contained within the Management Plan and to the amount of the purchase price. • The "Conceptual Approval Agreement" also requires the City to prepare and submit a "Management Plan" which must meet all requirements of the FCT and which will describe how the property will be used and managed. This plan must also be approved by the City and the Boy Scouts. • On March 7, 1996, the City Commission approved up to $50,000 for the preparation of the "Management Plan". Raviewod by: Legal Budget Purchasing Risk Mgmt. is ACM Other oats: Commiaaion Action: VY, $13,870 ? Approved 7otel 0 Approved with Conditions ? Denied th a Current Fiscal Year ? Continued to: Funding Source: ?S?. <•"tr 43s ? Capital F Improvement: Advertised: Operating: Other. `•.PARet:`. ? Not Required Appropriation Code \ CX) Affected Parties ? Notified 0I0-07006=53b300.519 ..:.:.::::..:: .... ? Not Required Printed on recycled paper . Clearwater City Commission Agenda Cover Memorandum November 7, 1996 Page 2 • On August 16, 1996, a "Request for Qualifications" was released for consultant services to prepare the "Management Plan'. • On October 17, 1996, the City Commission approved the ranking of the consultant firms and authorized staff to negotiate a contract in the order of the ranking. • On October 18, 1996, staff met with Mr. David Sumpter, Project Manager and Senior Environmental Scientist, for the top ranked consultant firm, HDR Engineering, Inc. Staff negotiated the attached contract which was prepared by the City Attorney's office. • Staff is impressed with Mr. Sumpter who has served as Project Manager on five FCT Management Plans previously prepared by HDR Engineering. Mr. Sumpter will serve as the "hands-on" project manager for the Camp Soule plan. He is fully aware of the scope of the project and of the fact that the Management Plan must satisfy all the requirements of the FCT as well as being approved by the City and the Boy Scouts. Issues that will be addressed in the plan include: • A comprehensive description of the site's current floral and faunal communities. • Coordination with all relevant state and local agencies. • Coordination with adjacent property owners. • A description of the site's current and past land use. • Identification of all enhancement opportunities and develop strategies for implementation. • Development of a monitoring program. • Prioritization of all management activities, assign responsibilities, and identify funding sources. • Documentation of all coordination efforts that assures the compatibility of proposed land uses with ecological restoration and management. • The fee payable to HDR Engineering, Inc. for the preparation of this Management Plan is a "not to exceed" $13,870. (See Exhibit C of the attached contractl. Mrs. Pam Marks (citizen volunteer), Mr. Bill Robinson (Scout executive) and Mr. David Sumpter (consultant) will attend the City Commission meeting on November 7, 1996 and will be available to answer any questions the Commission might have. • Funding for this contract will be provided by a budget transfer at First Quarter from unappropriated retained earnings of the General Fund. 4 ti. CONTRACT FOR CONSULTING SERVICES This AGREEMENT made this day of 199 , by and between the City of Clearwater, Florida (City), P. O, Box 4748, Clearwater Florida 34618, and HDR ENGINEERING, INC. (Consultant), a Nebraska corporation licensed to do professional engineering services in the State of Florida, 5100 West Kennedy Boulevard, Suite 300, Tampa, Florida 33609. :WHEREAS, City has made application to the Florida Communities Trust under Project No. 95-023-P56 for the purchase of the property known as Camp Soule; WHEREAS, City issued Request for Qualifications No. 178-96 for professional services to develop and prepare a Management Plan for the Camp Soule Property. (See Exhibit "A"); and WHEREAS, City, selected Consultant to prepare a Management Plan according to Consultant's response to Request for Qualifications No. 178-96 (See Exhibit "B NOW THEREFORE, the City and Consultant do hereby incorporate all terms and conditions in Exhibit "A" and Exhibit "B" and mutually agree as follows: 1. SCOPE OF PROJECT. Consultant agrees to prepare a Management Plan under the terms and conditions described In Paragraph 1.2 Scope of Project in Exhibit "A 2. TIME OF PERFORMANCE. Consultant agrees to complete the Project on or before March 1, 1997. If Consultant does not complete the Project by March 1, 1997, through no fault of the City, then City shall be entitled to recover all compensation as liquidated damages. I 3. REPORTS. Consultant agrees to provide to City reports on the Project upon request by the City. All reports shall comply with City's recycled and recyclable products code requirements, Clearwater Code Section 2.601. 4. COMPENSATION. The City will pay Consultant a sum not to exceed $13,876, inclusive of all reasonable and necessary direct expenses as described in the cost estimate attached as Exhibit "C". The City may, from time to time, require changes in the scope of the project of Consultant to be performed hereunder. Such changes, including any increase or decrease in the amount of Consultant's compensation and changes in the terms of this Agreement which are mutually agreed upon by and between City and Consultant shall be effective when incorporated in written amendment to this Agreement. 5. METHOD OF PAYMENT. Consultant shall bill City according to the payment schedule described in Exhibit C. City agrees to pay after approval of the City Project Manager under the terms of the Florida Prompt Payment Act F.S. 218.70. 6. CONTACTS FOR RESPONSIBILITY. Mr. David Sumpter will be designated as Project Director for this project by Consultant to manage and supervise the performance of this Agreement on behalf of Consultant. Associated with the Project Director will be staff members whose experience and qualifications are appropriate for this Project. The City will be represented by Mr. Ream Wilson, or his designee for all matters relating to this Agreement. 7. TERMINATION OF CONTRACT. The City at its sole discretion may t terminate this contract by giving Consultant ten (10) days written notice of its election to do so and by specifying the effective date of such termination. The Consultant shall be paid for its services through the effective date of such termination. Further, if Consultant 2 shall fail to fulfill any of its obligations hereunder, this contract shall be in default, the City may terminate the contract, and Consultant shall be paid only for work completed. 8. NON-DISCRIMINATION. There shall be no discrimination against any employee who is employed in the work covered by Agreement, or against applicants for such employment, because of race, religion, color, sex, or national origin. This provision shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship. 9. INTERESTS OF PARTIES. Consultant covenants that its officers, employees and shareholders have no interest and shall not acquire any Interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. 10. INDEMNIFICATION AND INSURANCE. Consultant agrees to protect, defend, indemnify and hold the City and its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or due to any negligent act or omission of Consultant or its employees in connection with or arising directly or indirectly out of this Agreement and/or the performance hereof. Without limiting its liability under this Agreement, Consultant shall procure and maintain during the life of this Agreement liability insurance coverage as described in Paragraph 2.6 Insurance Requirements of Exhibit "A". This provision shall survive the termination of this Agreement. f 3 } 11. PROPRIETARY MATER.!ALS. Upon termination of this Agreement, Consultant shall transfer, assign and make available to City or its representatives all property and materials in Consultant's possession belonging to or paid by the City. 12. ATTORNEYS FEES. In the event that either party seeks to enforce this Agreement through attorneys at law, then the parties agree that each party shall bear its own attorney fees and costs, and that jurisdiction for such an action shall be in a court of competent jurisdiction in Pinellas County, Florida. IN WITNESS WHEREOF, the City and Consultant, have executed this Agreement on the date first above written. Countersigned: CITY OF CLEARWATER, FLORIDA Rita Garvey Mayor-Commissioner Approved as to form and legal sufficiency: John Carassas Assistant City Attomey SANswoomelConsuthdr By: Elizabeth M. Deptula City Manager Attest: Cynthia E. Goudeau City Clerk HDR ENGINEERING, INC. By: William H. Wadsworth Senior Vice President 4 FXHlwhlT CITY OF CLEARWATER REQUEST FOR QUALIFICATIONS MANAGEMENT PLAN FOR CAMP SOULE (FLORIDA COMMUNITY.TRUST PROJECT NO: 95-023-P56) a , TO BE OPENED 4:00 P.M. SEPTEMBER 13, 1996 ,r 1l 3 t at PURCHASING OFFICE MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE ' CLEARWATER, FL Si p ' 4 } FXHIRIT CITY OF CLEARWATER REQUEST FOR QUALIFICATIONS MANAGEMENT PLAN FOR CAMP SOULE (FLORIDA COMMUNITY TRUST PROJECT NO: 95-023-P56) TO BE OPENED 4:00 P.M. SEPTEMBER 13, 1996 ?'•, ': at Y q•, PURCHASING OFFICE MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE CLEARWATER, FL .4 d . ' , • r • .. Hr. • i • /' • a ' . . r • r .. ., 'n?.,••`r rt..• . • 1 • r•• . r • 1 • ., • • Erg. r • •?• .. ?! • .• 3 N ? Y i i ! ;t 1.0 INTRODUCTION 1.1 QENER& PURPOSE 1 The City of Clearwater is seeking qualifications for professional services to develop and prepare a Management Plan for a parcel of land known as Camp Soule. Camp Soule consists of 49.97 acres of which 5 acres are wetlands, a portion of Lake Chautauqua, The site encompasses Boy Scout facilities, it is currently used as an urban Boy Scout camp, and it is owned by the Boy Scouts of America, Pinellas Area Council, Inc. The City of Clearwater has made application to the Florida Communities Trust (FCT), an agency within the Florida Department of Community Affairs, for funding from the Trust's Preservation 2000 Program to purchase the Camp Soule property. The purpose of the acquisition is to preserve the property as a regional park with focus on recreation, education, conservation, and protection of the natural resources. The deed to the property would be held by the City of Clearwater. It is anticipated that the camp will be managed by the Boy Scouts who will make the camp available to youth groups and other groups. The City's application for 50% funding was approved by the FCT. However, prior to closing the real estate transaction and prior to disbursement of award funds by the FCT, the City is required to prepare a "Project Plan" for review and approval by the FCT. This "Project Plan" includes several requirements, one of which is a Management Plan. 1.2 SCOPE OF PROJECT The Management Plan must meet all requirements of the FCT. It must be based on the "Conceptual Management Plan" contained within the FCT application and, where appropriate, it must reflect materials and information that were gathered for the application. It must incorporate conditions that are required in the "Conceptual Approval Agreement" dated April 5, 1996 between the FCT and the City of Clearwater. Also, a location map, boundary map, vegetative surveys, site plans, Conceptual Approval Agreement, the recorded deed when it becomes available, and other supporting documents should be included as exhibits or included in the appendix of the Management Plan for future readers. The Management Plan must be written according to FCT Technical Assistance Bulletin #2 (Writing a Management Plan) acceptable to the FCT In addition to the various conditions described in the "Conceptual Approval Agreement" which apply to all sites acquired with FCT funds, the Management Plan must address the following conditions that are particular to the Camp Soule site which result from either representations made in the application that received scoring points or observations made by the FCT staff during the site visit described in Rule 9K4.010(2)(0, F.A.C. a. Outdoor recreational facilities including nature trails and observation boardwalk shall be provided, The Project Site shall be developed in a :. itFQ MANAGEMENT PLAN Ff1R.GAMP.SOi1LF,,P,ACrE 2 •. < . f - manner that allows the general public reasonable access for observation and appreciation of the natural resources on the Project Site without causing harm to those resources. b. The City of Clearwater shall provide environmental education programs at the Project Site. Formal environmental education programs shall be conducted on continuing and regular basis. c. The City of Clearwater shall provide an organized recreational program directed toward the participation of at-risk-youth as described in the grant application, The program shall be offered on a continuing basis at the Project Site focusing on the mitigation of juvenile crime through the provision of recreational opportunities. d. The timing and extent of a vegetative survey of vegetative communities and plant species on the Project Site shall be specified. The City of Clearwater shall detail how the survey shall be used during development of the site to ensure the protection, restoration, and preservation of the natural resources. on the Project Site. e, The vegetative communities that occur on the Project Site shall be preserved and appropriately managed to ensure the long-term viability of these communities. f. The City of Clearwater shall ensure that the Project Site is managed in a manner that will protect and enhance the listed and non-listed native wildlife species and their habitat. The City shall coordinate with the Florida Gam and Fresh Water Fish Commission to ensure the preservation and viability of listed and non-listed native wildlife species and their habitat. g. The City of Clearwater shall coordinate with adjacent park lands and School Board lands to ensure the management of the site and adjacent sites are conducted in a manner to enhance habitat protection and recreation opportunities. h. The City of Clearwater shall monitor adjacent development activities to ensure that such activities do not negatively affect the resources on the Project Site. i. A vegetation analysis of the Project site shall be performed to determine which areas of the Project site need a prescribed burning regime implemented to maintain natural fire-dependent vegetative communities, The City of Clearwater shall coordinate with Division of Forestry and Game and Fresh Water Fish Commission on the development of a prescribed burn plan for the Project Site. RFQ MANAGEMENT PLAN-FOR LAMP SOULE PAGE 3"-. ,r r J. The water quality of the lake shall be protected and improved. A comprehensive stormwater management plan shall be developed and implemented to improve the water quality of the lake. Known pollution sources which have been identified by the City or County shall be removed or mitigated. The City of Clearwater shall coordinate with the Southwest Florida Water Management District on the design and implementation of the stormwater management plan for the basin. (Note: The City of Clearwater Engineering/Environmental Management Group shall approve all plan elements related to this item.) k. Invasive exotic vegetation that occurs on the Project Site shall be eradicated. The City of Clearwater' shall reference the Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying invasive exotics on the Project Site. L The City of Clearwater shall develop and implement a feral cat removal program for the Project Site. m. The parking area shall use pervious material to the extent possible. n. Provide bike parking stands at the site to provide an alternative to automobile transportation to the Project Site. o. The requirements imposed by other grant program funds that may be sought by the City of Clearwater for activities associated with the Project Site shall not conflict with the terms and conditions of the FCT award. 1.3 QUALIFICATIONS SUBMISSION Qualifications shall be delivered to the City's Purchasing Manager, City of Clearwater, 100 South Myrtle Ave,, Clearwater, FL 34616, prior to the opening time of 4:00 p.m. on Friday, September 13, 1996. The delivery of qualifications to the City of Clearwater Purchasing Office prior to the specified date and time is solely and strictly the responsibility of the respondent. The City shall not, under any circumstances, be responsible for delays caused by the United States Postal Service or any private delivery service, or for delays caused by any other occurrence. All responses must be manually and duly signed by an authorized corporate officer, principal, or partner with the authority to bind said firm. All responses must be marked on the outside: Request to Provide Management Plan for "Camp Soule" To be opened at 4:00 p.m., September 13, 1996 • . • ,; . r ., RFQ MANAGEmENT•PLAN,FOR GAVIP.SOULE PAGER The respondent is solely responsible for reading and completely understanding the requirements of this RFQ. The opening time shall and must be scrupulously observed. Under no circumstances will qualifications delivered after the specified delivery time be considered. Late submissions shall be returned unopened to the respondent with the notation "The qualifications were received after the delivery time designated for the receipt and opening of the qualifications." The respondent shall submit seven (7) copies of their qualifications in their entirety. All qualifications shall be prepared and submitted in accordance with the provisions of this RFQ, However, the City may waive any informalities, irregularities, or variances, whether technical or substantial in nature or reject any and all qualifications at its discretion. 1.4 INQUIRIES AND ADDENDA Each respondent shall examine all RFQ documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquiries, suggestions, or requests concerning interpretation, clarification, or additional information pertaining to the RFQ shall be made through the City of Clearwater's Purchasing Manager, George McKibben, at P.O. Box 4748, Clearwater, FL 346184748; 100 South Myrtle Ave., Clearwater, FL 34616 or FAX 813-562-4635. The City shall not be responsible for oral interpretations given by any City employee, representative, or others. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. If any addenda are issued to this RFQ, the City will attempt to notify all prospective respondents who have secured same. However, it shall be the responsibility of each respondent, prior to submitting the qualifications, to contact the City of Clearwater's Purchasing Manager to determine if addenda were issued and to make such addenda a part of the qualifications. 1.5 TIME SCHEDULE The City will utilize the following time schedule with the goal of selection. This schedule may be changed solely at the City's discretion. August 16, 1996: September 13, 1996: September 20, 1996: September 27, 1996: October 17, 1996: October 18, 1996: Tan ?,.1?; Release date of Request for Qualifications (RFQ) RFQ Opening, 100 South Myrtle Ave., Clearwater, FL 34616 Ranking of consultants by RFQ committee Negotiation of contract Recommend award of contract to City Commission Notification to consultant selected project completion and submission ' RFQ MANAGEMENT PLAN'FO&CAMP SOULE WAGE'S' f• t' 2,0 INSTRUMONS FOR PREPARATION OF PROPOSALS 2.1 All responders shall provide suf'f'icient information and data to fully allow a complete evaluation of the information to be made. Information and data submitted by each respondent will become a part of the proposal. 2.2 QUALIFICATIONS OF RESPONDER Briefly indicate why you believe your company is best qualified to develop and prepare a "Management Plan" for Camp Soule which must meet all requirements of the Florida Communities Trust (FCT). 2.3 dEAR PROJECTS Furnish a list of Management Plans you have completed that were similar to this request for Camp Soule and which satisfied all 'requirements of the Florida Communities Trust's Preservation 2040 Program. a. Briefly describe each plan and date of preparation. b. Name of City, County or other entity for whom the plan was provided, c. Name, address and phone number of contact person who represented each City or County listed in paragraph b. d. Was FCT approval received for subject land acquisition requests? e. Were Management Plans completed on time? For each contract, indicate time elapsed from the date you were awarded the contract to the date each Management Plan was completed. 2.4 ENVIRONMENTAL PROFICIENCY All respondents shall demonstrate: a. Ability to establish environmental education program. b. Ability to provide vegetative community surveys. c. Ability to provide wildlife surveys. d. Knowledge of techniques and environmental conditions appropriate to implement "bum" management on site. :.. • , , _ . RFQ MANAGEMENT PL,Aj1; FOR CAMP SOULE, PAGE 6 :, . 2.5 FM_PERSO T1?F1 L a. List personnel of your firm who will be assigned to this City engagement, Please include resumes. b. Describe the education and experience, particularly as it relates to the preparation of FCT Management Plans of each staff member who would be assigned to the project. c. For each proposed member of the project team, give an '.ndication the extent and timeliness of his/her availability. 2.6 INSIMANCE REQUIREMENTS a. Lib ility Insurance The consultant shall furnish, pay for, and maintain during the life of the contract with the City the following liability coverage; • Comprehensive General Liability Insurance on an "occurrence" basis in an amount not less than $500,000 combined single limit Bodily Injury Liability and Property Damage Liability. • Workers' Compensation Insurance applicable to its employees, if any, for statutory coverage limits in compliance with Florida laws. i • Professional Liability Insurance shall be procured and maintained for the life of this Contract. This insurance shall provide coverage against such liability resulting from this contract/project. The minimum limits of coverage shall be $500,000. b. Additional Insuro The City is to be specifically included as an additional insured on all liability coverage described above. c. Notice of Cancellation or Restriction All policies of insurance must be endorsed to provide the City with thirty (30) days notice of cancellation or restriction. d. Crtificates of Insurance rti ed Copies of Policies The consultant shall provide the City with a certificate or certificates of insurance showing the existence of the coverage required by this RFQ, The vendor will maintain this coverage with a current certificate or . , ;. . •RFQ.MANAGEMENT PLA -FOR CAMP• SWLE PAGE T- f ?? certificates of insurance throughout the term stated in the RFQ. When specifically requested by the City in writing, the consultant will provide the City with certified copies of all policies of insurance as required above. New certificates and new certified copies of policies, ifcert+fed copies of policies have been requested, shall be provided the City whenever any policy is renewed, revised, or obtained from other insurers. e. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attention: City Clerk Box 4748 Clearwater, FL 346184748 f The consultant shall defend, indemnify, save and hold the City harmless from any and all claims, suits judgments and liability for death, personal injury, bodily injury, or property damage arising directly or indirectly from the performance by the consultant, its employees, subcontractors, or assigns, including legal fees, court costs, or other legal expenses. Consultant acknowledges that it is solely responsible for complying with the terms of this RFQ. In addition, the consultant shall, at its expense, secure and provide to the City, pdQr to beginning _performance- ender _this RFO, insurance coverage as required in this RFQ. S. Any party providing services or projects to the City will be expected to enter into a written agreement, contract, or purchase order with the City that incorporates, either in writing or by reference, all of the pertinent provisions relating to insurance and insurance requirements as contained herein. A failure to do so may, at the sole option of the City, disqualify any bidder or proposer of services and/or products to the city. 2.7 TAND UQMEMENTS R gbt to Protest Any actual or prospective bidder who is aggrieved in connection with the solicitation or award of a contract may seek resolution of his/her complaints by contacting the Purchasing Manager. f • , , ., : . . ,, .: ..:. • , '.-RFQhMANAGEMENT•PLA;N-F,OWCAMP .SOULE-PAGE 8, b. No Correction Once a competitive proposal is submitted, the City shall not accept any request by any proposer to correct errors or omissions in any calculations or competitive price submitted. c. Openness of Prgcureng;nl Process written competitive proposals, other submissions, correspondence, and . all records made thereof, as well as negotiations conducted pursuant to this RFQ, shall be handled in compliance with Chapters 119 and 286 Florida Statutes. The City gives no assurance as to the confidentiality of any portion of any proposal once submitted. d. No Collusion By offering a submission to the RFQ, the proposer certifies the proposer has not divulged to, discussed or compared his/her competitive proposal with other proposers and has not colluded with any other proposers or parties to this competitive proposal whatsoever. . v er/RPjection of Bids e. Info it,YWi The City reserves the right to reject any or all responses and to waive any irregularity, variance or informality whether technical or substantial in nature, in keeping with the best interests of the City. £ ApprQpriationg Clause The City, as an entity of government, is subject to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this contract for each and every fiscal year following the fiscal year in which this contract is executed and entered into and for which this contract shall remain in effect. Upon notice that sufficient funds are not available in the subsequent fiscal years, the City shall thereafter be released of all terms and other conditions. S. Responder PreparatimExpen Each responder preparing qualifications in response to this request shan bear all expenses associated with their preparation. Responders shall prepare a response with. the understanding that no claims for reimbursement shall be submitted to the City for the expense or presentation. h. Signature Responders shall acknowledge by authorized signature that it has read and concurs and/or takes exception as noted to the requirements fisted in this RFQ. . RTQ 1viANAGEIvENT PLAN FOR CAMP S4ULE PAG1 9, ' 1. Responders shall clearly indicate the legal name, address, and telephone number of the company (ies), firm (s), partnership (s), individual (s). Responses shall be signed above the typed or printed name and tide of the signer. The signer shall have the authority to bind the responder to the submitted qualifications. j. R n i n and Disposal of Response The City reserves the right to retain all submitted responses for official record purposes. The City also reserves the right to dispose of any or all copies of responses in whatever manner it deems appropriate. No copies of any responses will be returned to the firm. k. iti ti Provide information on any litigation your firm might have been involved in within past three (3) years. 3.0 SELECTION CRITERIA AND RANKING PROCESS 33 QENEIZA All qualifications shall be subject to an evaluation by a Selection ,Committee to be established by the City. The successful consultant must demonstrate an understanding of the project scope and purpose. This refers to the consultant's understanding of the heeds that generated the RFQ, of the objectives in asking for the services, and of the nature and scope of the work involved. The evaluation of the qualifications shall be accomplished utilizing the criteria described in this section. Information and data included in the qualifications shall be considered in the evaluation process. 3.2 fQMPLETE 1 SS OF QUALIFICATIONS Following receipt of qualifications, the Selection Committee shall review all qualifications with respect to completeness and conformance with the instructions and requirements specifically indicated in this RFQ. Responses which are deemed incomplete or nonconforming with instructions and requirements of this RFQ may not be given further evaluation. The City reserves the right to reject any and all responses and to waive any irregularity, variance, or informality whether technical or substantial in nature, in keeping with the best interest of the City. r. ' .• RFQ•MANMMMEb TrAAN FdR e SOULF, AGE ib I 3.3 SELECTION COMMITTEE The final selection will be made by a selection committee composed of one representative from the City's Environmental Management Group, two representatives from the City's Parks and Recreation Department, one representative from the City's Finance Department and one citizen. 3.4 SELECTION,.CRI_TE_ I! All qualifications shall be equally evaluated with respect to the completeness of the data provided. The following criteria shall be utilized in the evaluation process: a. Successful experience in preparing "Management Plans" which have satisfied all requirements for project funding by the Florida Communities Trust Preservation 2000 program, b. Assurance that the project can be completed by January 17, 1997. c. Competence (including technical education and training) and experience of consultant staff to be assigned to work on this project. d. Reports from references e. Demonstrated environmental proficiency. f. Completeness of response to all items contained in this RFQ. g. Location of firm. The Committee shall evaluate all proposals using a formalized evaluation process (see attached sample scoresheet) 3.5 TI TI N Following the ranking of the qualifications, the Committee shall designate the top ranked consultants and enter into negotiations. If negotiations are successful, the Committee shalt recommend the favorable consultants to the City Commission. If the negotiations are unsuccessful,` the Committee shall begin negotiations with second ranked consultants. The Committee reserves the right to terminate negotiations at any time, with or without cause. The "Selection and Negotiation Committee" reserves the right to negotiate whatever schedule is convenient to it and which is in the best interest of the City. 1.. '` ' RFQMANAGEMENT PLAN FOR CAMP SOULEPAGE •1-1• • . r 3,6 t AGRE?MENTICO?1CT Any party providing services or products to the City will be expected to enter into a written agreement or contract with the City that incorporates all of the pertinent CITY OF CLEARWATER MANAGEMENT PLAN FOR CAMP SOULE (Scoresheet) k'", Date: Name of Firm Score: i:`.n"?'t•'".' .: x.ti:.i:C%!!. ."?';;v:C..,? .:?S??l?>'xt^f f.L,`i '++`:'r .. ?.• ??Rat:n g Sco?•e. ??Commente= ;:?l.. tt Wit.. ..ail. (•+t.. f. {.Sy •??': 1. Successful experience with similar 4 Management Plans for FCT. 2. Ability to meet time schedules. 3 3. Education, experience of staff assigned to 2 ro•ect. 4. Reports from references. 2 , 5. Demonstrated environmental proficiency. 3 6. Completeness of response to'this RFQ. 2 7. Location of firm. 1 Criteria Weightine 4 = Exceptionally Important 3 = Very Important 2 = Important 1 = Minimally Important Criteria Rating 5 = Excellent 4 = Very Good 3 = Good 2 = Adequate 1 = Marginally Acceptable 0 = Unacceptable '??!?•?,.,:_???l?Y?».{SI?rJ?•:Ci.:?."?+ 3?.:S76?ri?'.?"al?llf.#+1J•:?b:... "r'?1.°.:1./14.yi.2.IZJf?.:11t01t?:i:3llr?l??i.*uw......?.w.+rw.r r.»a?.,......M.?• y' !?'~' - ?,' .? :.: -t ?,;• •'^? ', SI' ;?'•: -• a -r?•a. ,. r.,°,`?:T?i?t,,. a •..:.t_! i V' T?..ra +`,!f'!.?"; •i.; 7' .a• s;: ? s•.sl, .' ?r?,'.:.t• •j?I?,rw. .,ri.+. +• .,..F • ':.. i E * :1?,. , t ,•u / r •.3 •. r'r.{'??#:.ff r''}i' ?, r?? '; rl!• . ! 'r' ?, •iS h.}tt, ?t .r4• :1?. 'tti?ta• +. ^?!;!?.ir?.ti. ,,v... , .r •?, -h M: ?. :L...:,s,,yr...1? ':i rt's ,?ry• ,a?.dE??S?,yf ??n s 'L a ??. .I'"?.?' ',?•LF'?,. .?rrEJ?'?:`.,,?fr}\r?Jt-'i.'' •s?t' .'+.}?5?,..r "{..r.?y,'?t,i! ?:'+?i•:ri:r•?•?tp?',+..x^. .r?•tit .,•.•?•?{r.? +?r„t?n.•G...;?"???_/,? ,•??. }? ?? .1 .ti ! .?•? . it _ ,:"E?3??. ,i .'+ •Yt• K• ?j • fY ,+ 'y ,r'? 1 "',f,?.E? J;!^?.. rr L' Ara ? .] 41F; ?,, ? i•;(i ?, l•Jr:?'L??' ??f:'.' R?`?? ?.S' ?, ` ?e Jr r' rt ti ., ' • r •. +r t ;i+ ? _ 1 .j??r? •? { a'h• .11 tt- ?•.: s.",r? ti ;• { }.?+?t :4.?.. !•?ti ?• ':: •r'?;e ':'.1'+•`•b J ?? •x .1 ?.? i r„ ? 1??1;", ?1 •?. 1'}?,, ?•.?f??r.?yy.jr •, Zfv?trr r ? 5 .'?ycn }r .? t ?j •T? r'ir..':•, t? y?' i •4 y ?c- ` ?.y L:E 'tlt?. rl-• Ca.:. , t ; •?? • .• if !}. V ?y,:h'i1? ?'.tF'??''T• • 1 ±? j.':t'^. . f •t ?., r . '??.k.'j?• & ?'? ?' •? • `,? :??'?,?''l L.? . ??? Y°• ?1? !c r • ? f ' ? ' G; •,ti •i'l. Etl ,.rtii: :?4t) ..' . S•, 1 i' +•i r'.. '•??'; ••1` 1' v??< ?1?4?? ?F4Y"'1'.',.'?'a'I yr? '_k ;r'• rfy?..'- . C ?. - rSi ` :t •{i!e. s' 1?,.' .•c!? r,4?+.ri.: ?4, ?? i?w ?,-T;. '+. •?' - .'? •.µ:i;•> 1 r• +' 'y: r! •k:.-?^•:l. ; ... , , .r'?'fF S'S' i?1+ iY '?"yr ?'., t..1 ?7Y?;'.`ri, r C' .,"?F'?`Y ?• , , v 1,?'.t?r' r. - ?, ",N, a t?r•,. . .'st;:'j ( !', ? • "`? 11, 1 ! i t,'r ,: !•t.'>'?r. 'kl rti„s •a: •?t:f .'a j . J?•, { ti'•?,,':; rs sk,s•' w'. + :v?..+ + i +: - .•F s' i . t. L 'r' ?, " , .,.r. ', 5:. "1 if R ?ta n. +:. ?`'b.•,•,>+' ? _ ttr, zt C 1. F 1 l,r y t.. t' .J' i. ?. ?1F •, ty'•' .p ti i {r3Y!,•L ' 1!, ?'+' ?f h ") y??;?• i. ?`3 •'?47 i f ;.t `.•' ?1. a, Jar d.'i S :..Ly a t4S '.•r.ra r ?.tL ?} •? I'7 5L :? f'• •t:7 ,Y f? ;t' 1' .-VAN V` , '4' *?? ?- ?. J ' r '•} ' jri7'? ti x t"r:a'I.'?i,k f r . il'+Y. a7.1` t (.•r y ,IN! i, ..1r Ur• f r? r•' Rjy? t, .r • L;t Sy i] Y F " ',.ii }? #, ',wH.?.Rf? .w.:• ' G f .?? •tY•t r r.r5l ,."aim". tx'. •?`'}ii. r1: iA Y1'L'w ':'ta,i«' i ,,?Z.?..,: X•;• ti,s tt 115';' S ?r. _;? '-' '+Y.a ' .?,:rk?>R ? 't;,,,,?fJP,rr ??ty 4ltlilS+! :S •.9j;?'iy J7'r ?J7?1'•^?: f 'lE r Rth'Y J s,s +?s; we vh'h• I .,r?11; 1 'r .? ? , r.1,y ?p f?l?i' .? tY'' f Y ,. ri ?'' ? .'yt. r?1'ry ? r ?,? 1 kr u ? Yr,. ti??}?y ?^ ?? tI't: 'r •? ;7yA ,{, r t. "' ,' j?x'.?lr•', ? "f1?ti 1.^•i:. .{» ?. i7? .y?,. .,r 1?.-,r' Y;• ?„. ?' •) + .rx?k ? ? ;i. A+C?w•••r? Iv?"•t r f::..},. r,. .•ir; :.rr C..r? ti.rsr •„es,? ' Proposal for . ...?, i • ti.?.,' ?y +r • f,lr+.? I T r ?,?? +, a' •'?N r 11k T ?...f' .r[t?ar?R?f,F ..)p+ ! T? ?s{'.? '' :?i•?''?y.ji?J• lr,?, ??: ;l?.y ' i J?Y9•5 I na?+? ..y['.: . ;?;c.k'ffrY:???+,}, •"y.,' ? : • ,: .,.J,+r...? r;? - :L:.'fr;': ;J':_,...t• !_ _?? ?,?. ti• ?` +? }IF•r.. - ,,.t°; ar: u4,- T, ?r...ti) _? ' r'-•f,•f .r «ti: d . -e .- ._?.?,i' •l Ril.'' ,+ Y T?' • ^'•,:. _ "'.'M.,,1fi!', .I,,??t •' ' ? ?rx,3 ^r.,.. ? ?. 7 `''t r•, ? I' ?_ i 't '%.? F?.A '? : f5 f''.r r? j • r.. i ' J ? r? •>?' + ?+? `it?t r yr•!'.wr r?. ,. ^.i w..s?,.rK;r:..r"?t•• t.awT '?. ?rsr Y •r ;i. .. A;Jf•r'.w-.i ?.. !r?Y i., r:4C?r-fY 'CAIM.yr ?p, 'S"i- till `! ? y;?.l,-? ' y ??, .ti?q,? ??. '?• '' rl'?1(? • •l.,'!-C7r r}t{:? + ';' 11r'?lf kY' A?®????8'?,??,,yr ' . ' :, ,;'+.3 •; .._ll,.ty'?fC.4;.. ? ??'t "'aStY, r -°+ i ti TC'?,?fi'`''i,,%??r?? .SV?• ?. ." 'z :,L??c,SC'• ? .S:?a?,r i >l.':•?R?`4:i1"J??•:'r+ +?1,. ?Z s Y'.t{•, w •, t O At$ An R. 191- 11-M ftI'•. f4, a?,{y4rrF V a ? ?p ?k '13 f -q tn ZINW4 r: r. t Ar i ?4T a .' u ' Sr y NO Irk -JI t fir` N..., r _ }ti;r'. ?,_:fi; r _ ?_ •.![?i3i ?'?'J _1:1.°x._-11 :?.T 5+??? 4Y1 y: 1,.. r 1r?w••a ?'n r). 4:• ;..'j' try{'?;•!c t?ir'i;?,ij?' +31:1,,;f? ?r kil. MO TY 7 ''• ira' ? r ' ..,"4 -IV ? •w .w by = l+t 3 f ?iLjjyj ,, bi' r ? T = fit'"' ?,Y.' J / ID, S1'• ? Lr;. Jur. 9 k ' N g?lxmlm ??'l?R'c: _ •_'F???1r??''•?,'?4',?'-l??I •ka?ti `..wI?T?'tr, ?: ?"f :3 h ?," ? ??f. ,7.:?;?1 ,.' ?lr.+?!,'y;:l r? `?j sue,` '-l4' •.tr September 12, 1996 Purchasing Manager City of Clearwater fal 100 South Myrtle Avenue Clearwater, FL 34616 Re: Qualifications for the Development of the Camp Soule Resource Management Plan Florida Community Trust Project No. 95-023-P56 RFQ No. 178-96 Dear Selection Committee Members: Thank you for the opportunity to provide our qualifications for the above-referenced project. HDR Engineering, Inc. has specialized qualifications regarding the development of a resource management plan for Camp Soule, as set forth in the Conceptual Approval Agreement the Florida Communities Trust (PCT) and the City of Clearwater. We intend to use staff that collectively possess expertise in wetland biology, wildlife ecology, restoration ecology, botany, water quality analysis, the development of environmental education programs, environmental/land use history, archaeology, park planning, and Geographic Information Systems, Beyond this experience, we wish to emphasize three important factors. First, we have already successfully completed five Florida Communities Trust Management Plans-all in west central Florida. This reflects not only an understanding of the PCT process, but familiarity with regional ecology. ¦ Second, we continue to work with all of our clients, either in developing new management plans or in the performance of baseline floral/faunal surveys. In our experience, the development of a land management plan inevitably leads to a continued professional and personal interest in the property and a genuine interest in the success of site management. We have consistently followed-up management plan completion with assistance in project implementation either as consultants or volunteers, depending on the needs and/or budget of the client. ¦ Third, the HDR team members possess not only the expertise to meet all the requirements of the management plan, but all have previous experience with other management plans. I, David Sumpter, proposed project manager, have served as project manager on all five. We recognize that applicants may be hesitant to fund the development of a management plan for lands in the event that the purchase does not occur. Consequently, it has been HDR's practice to assume full responsibility for obtaining FACT approval, and we will continue to do so for your land acquisition efforts. We encourage you to carefully review the enclosed materials. We're confident we can assist you in your efforts and appreciate your consideration. Sincerely, R ENGINEERING, INC. David Su4er, Se nior Environmental Scientist HDR ENGINEERING, INC. YdL 9?' yv?41? William Wadworth, P.E. Senior Vice President HDA Enginaering, Inc. Sulte 300 Telephone Engineering 5100 W. Kennedy Boulevard 813 287.1960 Construction Services Tampa, Florida 33609.1840 .o; M k? G? .z N M O z. N, Section 1 HDR Qualifications Section 2 Similar Project Descriptions Section 3 Environmental Proficiency Section 4 Stafrmi g Plan Organizational Chart Resumes Section 5 Other Appropriate Data Certificate of Liability Insurance Statement of Litigation t s i i FDR I L'. HDR QUALIFICATIONS HDR has completed five Florida Communities Trust FCT ( ) management plans within west central Florida. All were approved by the FCT within the applicant's allotted time frame. In 1993 at the request of Hillsborough County, HDR agreed to develop management plans for Phase I and Phase 11 of the Cypress Creek Preserve (5,000 acres). As with Camp Soule, the plan had to meet all the requirements of the FCT. We were "sole- sourced" because of our intimate knowledge of the County's wildlife resources, management objectives, and policies. At that time, no management plans had formally been approved by FCT. HDR completed the Cypress Creek Management Plan in five months. It was one of the first approved by FCT and the largest. Since then, Hillsborough County has hired HDR to develop management plans for all properties approved for joint funding by FCT. To date, HDR has successfully completed three. Additionally, through Hillsborough County and FCT referrals, HDR has developed FCT management plans for Hernando County (Cypress Lakes Preserve) and the City of Tampa (Cypress Point Restoration Park). All were approved. On the referral of FCT, we also developed a conceptual plan for the Winter Park Greenspace application. The focus of these projects has ranged from minor restoration, intensive monitoring, and burn management (Cypress Creek Preserve) to intensive restoration (Cypress St. Restoration Park and Apollo Beach Park) to urban restoration and public education (Winter Park Greenspace). The projects ranged in size from the 5,000-plus acre Cypress Creek Preserve to the 58 acre Apollo Beach Park. I All of the above-mentioned projects are described in Section 2. t_t ME= SIMILAR PROJECT DESCRIPTIONS Listed below are Management Plans projects that HDR has completed in the past three years or has currently under contract with references listed for each project. ¦ Cypress Creek Management Plan Hillsborough County, FL Approved by FCT: July 1994 HDR was contracted to develop two Environmental Land Management Plan for Cypress Creek (Phase I and II}- collectively a 5,000-acre property approved by the Hillsborough County Commission for purchase under their Environmental Land Acquisition Purchase Plan. The Plan' was written following Florida Communities Trust guidelines. The Plan included floral and faunal surveys, burn plan, recreational opportunities, site security, and cost analysis. Contact: Mr. Kurt Gremley Hillsborough County Project Manager Hillsborough County Real Estate Department P.O. Box 1110 Tampa, FL 33601 813/272-5810 Cypress Lakes Management Plan Hernando County, FL Approved by FCT: October 1994 HDR was hired to develop a Management Plan for the property known as "Cypress Lakes", a 322-acre parcel of forested land adjacent to the Withlacoochee River. The purpose of the project is to "protect an ecologically-diverse mosaic of natural plant communities adjacent to the Withlacoochee River, through the application of manage- ment strategies that integrate the restoration, enhance- ment, and maintenance of the Preserve's natural biological diversity with compatible passive recreation". The 2-1 EDIA Management Plan had to meet Florida Communities Trust Guidelines for the development of a Management Plan, as well as address some site-specific conditions. Successful completion of the Management Plan resulted in the pro- curement of matching funding from the Trust earmarked for site purchase. Since completion of the Management Plan, baseline wildlife surveys (fall 1995 and summer 1996) have been conducted that may be used as a gauge to assess the success of various Management Plan strategies. Contact: Ms. Lizanne Garcia Hernando County Project Manager Hernando County Planning Department 20 North Main St., Room 262 Brooksville, FL 34601 352/754-4057 Flynn Lake Preserve Hillsborough County, FL Approved by FCT: August 1996 HDR was contracted to develop a Management Plan for a 160-acre parcel acquired by the County with Environmental Land Acquisition Protection Program funding. Purchase was to be partially reimbursed by the Florida Communities Trust upon completion of the Plan. The Plan included site description, enhancement strategies, burn plan, prioritization of management tasks, and incorporation of compatible recreational elements. Contact. Mr. Kurt Gremley Hillsborough County Project Manager Hillsborough County Real Estate Department P.O. Box 1110 Tampa, FL 33601 813/272-5810 2-2 fal ¦ Cypress Street Restoration Park City of Tampa, FL Approved by FCT: September 1996 On a grant from the Department of Environmental Protection, HDR was contracted to develop a Management Plan that will ensure the phased restoration of a 55-acre parcel located on Tampa Bay. The Management Plan addressed the restoration of degraded habitat to a combination of natural wetland and upland habitats. The Plan also addressed the' proposed passive recreational uses, provide detailed site designs, and construction logistics..The ultimate goal is to develop a recreational facility that is compatible with native plant communities that function naturally. Contact: Mr. James Valentine City of Tampa Project Manager City of Tampa Parks Department 7525 North Boulevard Tampa, FL 33604 813/931-2628 Apollo Beach Park Hillsborough County, FL Approved by FCT: August 1996 HDR was contracted to develop a Management Plan for a 50-plus acre parcel on Tampa Bay to be jointly purchased by the FCT and the County. The Plan included floral and faunal surveys, a detailed wetland restoration (designed with the objective of increasing manatee habitat), and the development of compatible recreational activities, Contact: Mr. Kurt Gremley Hillsborough County Project Manager Hillsborough County Real Estate Department P.O. Box 1110 Tampa, FL 33601 813/272-5810 2-3 . tUR ¦ Winter Park Greenspace Conceptual Management Plan City of Winter Park, FL Approved by Client: January 1996 To obtain a higher ranking from the Florida Communities Trust, Winter Park hired HDR to develop an enhancement strategy for the publicly-awned golf course. HDR charac- terized existing conditions (i.e., soils, irrigation, current land use), and developed natural plant community planting schemes that were indigenous to the region and adapted to site-specific characteristics. This restoration will be enhanced with the introduction of nest boxes for species that prefer future onsite conditions. Coordination with the local Audubon Society ensured appropriate monitoring of the enhancement's success. Contact: Mr. Jay Marlles Winter Park Project Manager City of Winter Park 401 Park Avenue Sough Winter Park, FL 32789-4386 904/623-3290 2-4 41 ENVIRONMENTAL PROFICIENCY ¦ Environmental Education Program Establishing an environmental education program is a standard requirement of all FCT management plans. The FCT requires the entity to commit to a combination of passive education (interpretive literature and signage) and guided tours showcasing various points of interest on the property's natural history, such as bird life, restoration methods, and plant identification. HDR has fulfilled this requirement for other Management Plans by coordinating with the applicant and local conservation advocates (i.e., Clearwater Audubon, Native Plant Society) to develop a program tailored to provide maximum educational benefit without over extending the applicant's (or the regions) available resources. ¦ Vegetative Community Surveys HDR's staff includes 12 environmental scientists. All of these environmental scientists have conducted numerous quantitative and qualitative vegetative community sur- veys. HDR has collectively identified, delineated, and characterized vegetative communities for six management 10 plans, as well as literally hundreds of other projects. Classification systems used include the National Wetlands Inventory (NWI) System, Florida Land Use and Cover Forms Classification System (FLUCCS or FLUCFCS), the AM" Soil Conservation Service (SCS) Classification System, the Florida Natural Areas Inventory (FNAI) System, and the Florida Game and Fresh Water Fish Commission's (GFC) Habitat Classification System. ¦ Wildlife Surveys David Sumpter, HDR's proposed Project Manager, is a wildlife biologist with 14 years of experience designing and conducting wildlife surveys using techniques ranging from electroshocking---fish to radiotelemetry (black bear). 0 .r.c; 3-1 IDIA In Pinellas County, Mr. Sumpter designed and conducted the baseline wildlife surveys for the Brooker Creek Preserve which included herpetofaunal (reptile and amphibian) trapping, small mammal trapping, and bird surveys (audially and visually). Additionally, he has conducted the wildlife surveys for all of HDR's FCT- approved management plans as well as over 100 other projects. Burn Management HDR has two environmental scientists that are certified in Prescribed Burning (Division of Forestry). These scientists have successfully developed burn management plans for the Brooker Creek Preserve, Cypress Creek Preserve, Cypress Lakes Preserve, and Flynn Lake Preserve. ,r . I i i i ¦ 3-2 L_ STAFFING PLAN Pertinent information on key HDR team staff is provided below. The descriptions include each individual's education and experi- ence, particularly relating to the preparation of FCT Management Plans and the extent and timeliness of his/her availability. At the end of this section is the organizational chart followed by full resumes of the HDR team for this important project. ¦ David Sumpter, M.S. Fisheries and Wildlife Biology) Project Manager Mr. Sumpter has managed all FCT Management Plans for HDR, as well as the Winter Park Greenspace Project and the Brooker Creek Preserve wildlife surveys and burn management plan. He has 14 years of experience as a wildlife/ wetlands biologist with special emphasis on ecological management plans, habitat restoration, and wildlife monitoring. Mr. Sumpter is certified by the Division of Forestry in prescribed burning. Development of ecological management plans is his top priority with HDR. Availability: October 1995 - January 1997 - 50 - 75% ¦ Barry Wharton, M.S. Anthropology/Archaeology Presettlement Environment and Burn Management Mr. Wharton has over 20 years of experience as an • environmental scientist/ archaeologist. He is one of the region's leading authorities on presettlement environ- ments. Rounding out his skills, Mr. Wharton has led HDR's development of Geographic Information System (GIS) technology for use on environmental assessments and land management plans. Mr. Wharton developed the cultural resources section for all of HDR's FCT Management Plans and has provided data support with GIS. He has also completed the Division of Forestry's Prescribed Burn Certification Program. Availability: October 1996 - January 1997 -- 25% - 50% 4, 4-1 ful 11 ¦ Betsy Davis, M.S., Agriculture Extension Education Environmental Education Ms. Davis has 15 years of experience as an environmental scientist with special emphasis in vegetative monitoring, restoration, and environmental education. She developed the vegetative restoration plan for Cypress Street Restoration Park and Apollo Beach Park. She also de- veloped the enhancement strategy and environmental education format for the Winter Park Greenspace Project. Availability: October 1996 - January 1997 --- 25% - 50% .I I ' 4-2 P ?..? Organizatip"Al Chart' "Management Phan for -dam S04 ? ; ..r. cro Lark 1.2 r, 1 a `111 ,i' .{ ?, ? 4, ? 1' 1. ti, '.?`1.. f?,ti? n??.y,. It' ., r.?a L, tQrFR s - • 1,'.? . ' Lia _ +7 `'. City of Clearwater ir; =i, y "• r'Y r r•l^ µY?e a], ?*?? t ,, .''*t-}r•;JFr" y ,.- L. 1 ' li 'r. • { L f ??? t;4 _ J A•. i,. j :..3.• ; i''rnpa?r ?4.., I,S.f. f-. rk, r• [1• .?+h,,, kL?' - SrY;.rj••' •L.. 'v.i..L'v { {j,?y^ 1•. t ;• -• `?? L. r 'r "7??-"''+?' ti') Tex" 1 'Y^: Z :f::'•.:5,?. .??ii?-?, -.i?:"?`, ?f .'' 'Y..L. ?i'.:c?, / - 1.???,k?•+'. ...sJt?'J.ra3? ?' `...' ?1 ?.{j :;v.• " :? David Sumpter i ;r' ?'= , ;?xa:.1' -? _'- "ib.•'?:I +?;: .:. =2''..?i'4?',':ky;^;?'^?;.','?`J?y ???.,'.;... :?,.'!''- '•;?a?e. , %r, ?:`f?a?: 3y riii?]S s', ?. z,,i"?r?zz± `.(f 1?? .?`. S? ?) ill' i;t?r "vl.ij v•? ?:.?'' ;,.: ?y:=? ?r??.?p1i f^'T?1+Jr?.?J' °?? .1:1-•',r•'.'1L11'? < r.' .? ?:i ?.'Cy? ,.:?..t .t,s :.?' .'sy, ?r :S ?' ?sL?' f t •. ?•r2.. David Sumpter Barry Wharton w Betsy Davis David Sumpter Barry Wharton y' y?? 'ee?t.3 >`.•"' - ?`^ .t ? *,i J.' ;,'?t t ° ?.'`r'i,:h"` ` '?'i l? ' ?t, w• r, ? ? •,:t_ , ; f'?.., x. C:?a t }y? s•,...« gyn.,: s s .. ., :? ? ' 'f.+,yU,?,? ?, ?='ms's.. ' ';•.' • - 1 y :.;?r?_ . to . ?i. '1.5????-5 r•-? . r1?_ . 'c`'L? .i' ?- r? ?yy,. ;w,.. ! .:1- ?.•yt?.?{-a'??? ?`y5''?.??y?,`??t •t. V t, .. '?:j ,?. :??" r. .1.k. "s..Tf?"../yi. '' .i ? ,,r?{, {{II k ?. a ?1?`?t}'??; ..i'3_•'4• i$'. YIf •_ J' '' .... iLr 1 •? ] 1I 5 f'?, Y•r'ir?.-'. A? ar .y? ?.r•. ?.?•a• _. _ .rC ; s ...Yyti ^ y l?.'?•3.• ,.r• vti a `[' f,.-r.,,. "?' 1 .Y s' ?+,..• 's;, is •}•?T+•'1M?••F.',..iii '^?, :4 Eric Soliei, t7??;' ,k ! 3 '1 ? ?. fY 'l; .?" ?''?? 7 it , ;?" •?' M• ?,:?,}?''? t.'.rT;, ? .ys,, :.F'.. e?` ',??,,?;e?i.'r,` 'r s;w.' LL[?;{t ?La.j_?r`;t•??: ?,.?. '•rj.:=r! 'f?yiL.ue?r•, : .,:Y? ,`•M7•W +.?.'.tV -???F?'f?!'? - „r-?.'? IM.;?: M.?yry? •'f?}?,?y??? .?C;? •. .? .4 ,??i?'7r ?. .4 tF'y?a Y.Li•. ? _/::?.: ... 'i: _I ,; 4v?rJi..t } .:,.rl' ?~y„7'.i'r' ',?f?7'L•'.?I '7 ' ..?,'c.. ?r? - r ?l z'r•?,? ,7??. ?.? •..Tr`+,; , t "[?.,?., -'.t-i'.. ?• .. ;?•.-^?7: ?":'. ?: ?j'r,ir '( err ? y':Vr' fY:'v? • . .,M, ? ..a.. rr • t y'. }• i'. .,1 rb??r., ':.,'w'.:: 't', •.. '! .r, Ks. ?? .. Yry-? :"';?1. -f`4:-: !??`? ? '.?RkY,.• i..:•. ISO a ,..? 4 ?:C rr ?' c ii, rN ?t' ?` -a. . ?r ? ua.;;':'??`'Y+`.7?i _?' • b David Sumpter Project Manager Mr. Sumpter has 12 years of experience as a Wetland Specialist and Wildlife Biologist. This has included wildlife inventories, monitoring, and wetland boundary delineations using various state and federal regulatory criteria. He has conducted wildlife surveys using several tools and methods including electro- shocking (fish), radiotelemetry (black bear), small mammal trapping, and mark and recapture studies (reptiles and amphibians). He has also worked as a photo interpreter in 14 states on the U.S. Fish and Wildlife Service NWI project. Representative project experience includes: n Florida Communities Trust (FCT) Management Plans. Project Manager for the development of all FTC Management Plans. -To date, this has included Cypress Creek Preserve (approved July 1994), Cypress Lakes Preserve (approved October 1994), Flynn Lake Preserve (approved August Basis for Team Selection M5.11990/Fisheries and tVddlife Biology B.A.11982113iology WET 2.0 & HEP US Fish Wildlife Certified Certified in Prescribed Fire Training (DOF Certificate No. 932294) 1996, Apollo Beach ram (approved August 1996), and Cypress St. Preserve (approved August 1996). Each Plan describes the existing physical and biological setting and identifies. (l) restoration enhancement and ecological management strategies. (2) park preserve infrastructure developments and maintenance and management responsibilities, (3) funding sources, (4) compatible recreational land uses, and (5) environmental education opportunities. Each Plan was structured to meet the special requirements particular to the site, as set forth by the FCT in the Conceptual Approval Agreement. vn? IlMilil ¦ Winter Park Gmenspace Project. Project Manager hired by Winter Park to develop an enhancement strategy for the publicly-owned golf course with the intent of increasing the property's FCT ranking. Responsibilities included characterizing existing conditions (i.e., soils, irrigation, and current land use) and development of natural plant community planting schemes that were indigenous to the region and adapted to site-specific characteristics. This restoration will be enhanced with the introduction of next boxes for species that prefer future on-site conditions. Coordination with the local Audubon Society ensured appropriate monitoring of the enhancement's success. ¦ Cypress Bridge Wellfield. Project Manager for ecological monitoring of the Cypress Bridge Wellfield. Responsibilities include conducting bi-monthly hydrologic and flora/faunal monitoring of the 35 wetlands on the Cypress Bridge Wellfield for the West Coast Regional Wellfield Authority. ¦ Cypress Lakes Preserve. Conducted wildlife surveys for Cypress Lakes Preserve. As a condition of the Management Plan, conducted intensive baseline wildlife surveys with an emphasis on listed species utilization. Survey techniques included the use of drift fences (to trap herpetofauna), small mammal traps, bi-monthly avian auditory and visual surveys, the use of sonar equipment to identify bat species, aquatic traps (herpetofauna), and identification of all signs (i.e., scat, tracks, egg fragments, etc.). IN Hillsborough County Wildlife Habitat Protection Ordinance. Project Manager for County contract to provide technical assistance in the preparation of the proposed Hillsborough County Wildlife Habitat Protection Ordinance. This involved compiling the best available life history information on all listed species that occur in Hillsborough County and developing guidelines that would contribute to the security of viable populations in the County. For his efforts on the Ordinance, Mr. Sumpter received an Outstanding Achievement Award from the Tampa Bay Regional Planning Council in the Environmental Category. L 4 MI w David Sumpter Page 2 ¦ Bird Census of Marsh and Riparian Habitats. Bind census of marsh and riparian habitats using the variable circular plot method for estimating bird numbers for the purposes of establishing species/habitat relationships. Research conducted under the supervision of University of Massachusetts (MA) Wildlife Management department for Masters Thesis. ¦ Herpetological Study of Pioneering Species In Xeric Habitat. Post graduate assistance on herpetological study of pioneering species in xeric habitat in Central Florida. Mark and recapture study under the supervision of Dr. Henry Mushinsky. ¦ Stormwater Retention Plan, High Point, North Carolina. Evaluated wetland issues related to comprehensive municipal stormwater retention plan for High Point, North Carolina. ¦ Coddle Creek Reservoir, North Carolina. Developed quantitative methodologies for surveying terrestrial vertebrate populations to assess the effects of the Coddle Creek Reservoir (NC) on adjacent hardwood communities, and conducted qualitative inventories. ¦ SR 54, Pasco County, Florida. Wetland resource evaluation for SR 54 alternative alignments in Pasco County. w Black Bear Tracking in Western Massachusetts. Tracked Black Bear in western Massachusetts using radiotelemetry; ongoing project out of the University of Massachusetts for the purpose of determining bear habitat, range and distribution. ¦ Quaker Ridge Country Club and Community, Glens Falls, New York. Environmental analysis of impacts to wetland and wildlife on the proposed 800-acre Robert Trent Jones PGA "Quaker Ridge Country Club and Community", proposed in Glens Falls, New York, and the 250-acre Reese Jones PGA "Pleasant Valley Golf Course", in Sutton, Massachusetts. ¦ New Orleans International Airport Extension. Collaboration on Environmental Impact Statement for the New Orleans International Airport Extension (in preparation) involving wetland and wildlife habitat data collection and alternatives review. Wetland and wildlife habitat evaluations for a variety of projects including residential, industrial, recreational, and municipal development in the states of Massachusetts, New York, Connecticut, New Hampshire, Vermont and Maine. ¦ U.S.F.W.S. National Welland Inventory. Identified wetlands using aerial photography. Collateral data included field ground truthing, SCS soil surveys and NOAH weather data. Wetlands classified according to dominant vegetative strata and water regime. Field work with Fish and Wildlife representatives in the states of Florida, Virginia, West Virginia, Massachusetts, New York, New Hampshire, Michigan, Missouri, Indiana, Illinois, Kentucky, New Mexico and Texas. Current Professional Affiliations: ¦ Chairman, Tampa Audubon Conservation Committee a Vice-Chairman, Hillsborough River Greenways Task Force ¦ Member of Hillsborough Co. Environmental Land Acquisition and Protection Program Site Selection Committee ¦ On the Environmental Science Advisory Board of St. Leo College ¦ Florida Academy of Science Board Member A list of publications and reports may be provided upon request. 4 4 Barry R. Wharton Presettlement Environment and Burn Management 4 fs. Mr. Wharton is a senior environmental scientist who currently serves as staff scientist. GIS analyst, cultural resource specialist, and DRI review specialist. An expert on natural and historical resources of west-central Florida, Mr. Wharton serves on numerous advisory boards and commissions pertaining to environmental and historic preservation issues. Mr. Wharton has 20 years of experience in environmental and historical resource assessments. He is proficient in historical ecological and land use analyses. He has performed numerous historically-oriented studies, including pre-settlement (early-19th century) environmental/ ecological reconstructions and land use histories. He is uniquely experienced in quantitative ecological applications using original public lands survey data. Mr. Wharton also has a background in environmental impact assessments, natural resource planning and management, photo-interpretation, and geographical information systems (GIS) analysis. Representative project experience includes; ¦ Presettlement Forest Cover of the Green Swamp Area of Central Florida (for Southwest Florida Water Management District). Served as sole investigator. Study reconstructed 1840's forest cover types for this hydrologically significant region, drawing principally from original public land survey field notes and township plat maps. Basis for Team Selection M.A.11979/Anthropology do Archaeology B.A./1976/Anthropology 20 Years Experience in Environmental/Cultural Resource Assessments, DR[ reviews ¦ Experienced in Historical, Ecological and Land Use Analyses, and GIS Analysis ¦ Completed the Division of Forestry's Prescribed Burn Certification Program 4 - ME 11 V 11 r L., ¦ Miscellaneous Presettlement Lake Stage Investigations. Served as sole investigator. Studies involved estimation of predevelopment lake stages for several west-central Florida lakes, including a portion of the Tsala Apopka Chain of Lakes (for Southwest Florida Water Management District). ¦ Presettlement Environments of the Lower Myokka River. Served as sole investigator. Study examined presettlement vegetation and the freshwater/estuarine hydrologic boundary along the Lower Myakka River Corridor in Charlotte and Sarasota Counties (for Mote Marine Laboratories). ¦ Hillsborough County's Upland Wildlife Habitat Protection Ordinance. Served as natural lands management specialist. Prepared upland habitat management guidelines (Appendix B of the Ordinance) and miscellaneous GIS data acquisition and conversion services. ¦ Districtwide PD&E Support, Florida Department of Transportation - District Ill. Serving as Environmental Scientist. This ongoing project entails preparation of Programmatic Categorical Exclusion environmental documentation (listed species, wetlands, land use, cultural resources, Section 4(f) lands, flood pl a ins/floodways, etc.) in support of proposed minor roadway improvement projects throughout the Florida panhandle. ¦ Interstate 10 /Interstate 65 Corridor Study for Florida Department of Transportation and Alabama Highway Department. Performed quantitative impact assessments of alternative alignments on natural and cultural resources, satellite imagery conversion and processing, and map production (as GIS analyst, cartographic specialist, environanentai scientist). Bany R. Wharton Page 2 a .i 1.# h.? =? t .i ?l t. ?S :• i ¦ The Lake Tohopeknliga/East Lake Tohopekaliga Surface Water Improvement and Management Plan, South Florida Water Management District, Served as principal investigator, GIS analyst, and cartographer. Study involved collection and analysis of information on the wetlands, wildlife habitat. water quality, point and non-point source pollution problems, and restoration/enhancement initiatives in a 500 square mile study area, and the identification of waterbodies warranting preservation or restoration. a Palm River Environmental Assessment, Hillsborough County, Florida. Project manager and environmental scientist. This project entailed inventorying existing information on the Palm River, a coastal stream that empties into the northeastern portion of Tampa Bay. Data collection focused on the historical changes in the Palm River basin, water quality, sediment chemistry, habitat quality, wildlife utilization, flow characteristics, channel profile and cross- sections, and operations protocol for water control structurelsalinity barrier (5.160) at the head of the stream's tidal reach. Primary influences on the Palm River, as well as candidate habitat restoration sites, were identified. ¦ Cypress Bridge Well Field and Vicinity, Pasco and Hillsborough Counties. Served as assistant project scientist and cartographer. Provided land use mapping and historical investigations. r Environmental Assessment of the Walton Tract, Sarasota County. Served as principal investigator with responsibilities which included pre-development reconstruction for the proposed county landfill site. • Osceola County Comprehensive Plan revision. Project manager and principal investigator for the assessment of wetland and surface water resources, air quality, and future water supply. M Hernando County Comprehensive Plan Revision. Served as natural resource planner. Developed conservation element goals, objectives and policies. a Historical-Ecological Study of the Big Hammock Region - a technical support document for Hernando County Comprehensive Plan's Conservation Element. Served as principal investigator. Professional Florida Academy of Sciences Associations Florida Anthropological Society Florida Humanities Council Florida Historical Society Publications Mr. Wharton is the author of over 50 scientific and technical reports in the environmental sciences, and Reports including environmental impact assessments, environmental histories, pre-development ecological studies, and cultural resource assessments. A list is available upon request. Professional Historic Resources Review Board of Hillsborough County (1994 - 1996) Appointments Historic Tampa/Hillsborough County Preservation Board (1995-1999) Florida Academy of Sciences Executive Council (1994-1996) Ld ¦ M ¦ arm 10 M 10 M 10 M S [J Betsy Davis, M.S. Environmental Education Ms. Davis has 15 years of experience as an environmental scientist with expertise in outdoor water conservation and plant ecology. She is certified in Water Quality Impact Evaluation (WQIE). Her experience includes project management on landscape water audit and water conservation projects, project development and environmental studies (PD&E), mitigation monitoring and maintenance, wetland delineation, wildlife surveying, and various landscape water audit and water conservation projects. She has prepared over 50 Programmatic CEX packages. Pertinent experience includes: ¦ Winter Park Greenspace Project. Developed vegetative enhancement strategy and environmental education format. ¦ Cypress Street Restoration Park. Developed vegetative restoration plan. Basis for Team Selection M.S.11987/Agriculture Extension Education B. S. /1986/No rt i cu l t a re AS./1971/Zoology ¦ Environmental Analysis and Permit Coordination. Conducted Environmental Assessments and Wetland Delineation for five PD&E projects in District 3 in the past four years including SR 85, Sit 77, Bailey Bridge, 1-10/1-65 and U.S. 98. These efforts included evaluation of wetland functions as related to wildlife utilization, hydroperiods and vegetative diversity. N. Wetland Mitigation Monitoring, Florida Department of Transportation, District 7. Currently involved in more than a dozen wetland mitigation site monitoring studies for FDOT, District 7. This includes quarterly/semi-annual wetland monitoring reports to environmental permitting agencies for mitigation of impacted wetlands. • City of Tampa Landscape Water Audit and Improvement Program. Project Manager for pilot water audit program involving 25 volunteer commercial properties using City water. Determined irrigation efficiency and recommended landscaped irrigation improvements. • Water Conservation at Palm Lake Village. Project manager for an indoorloutdoor water conservation study based on water use before and after installation of water-conserving plumbing and xeriscape landscaping. d Wetland Evaluation Technique (Wet II) Modeling. (U.S. Army Corps of Engineers). ¦ Hillsborough County Wildlife Habitat Protection Ordinance. Provided technical assistance in the area of threatened and endangered flora for the proposed Hillsborough County Wildlife Habitat Protection Ordinance. Provided preferred habitatfreproductivc characteristics and protection guidelines for listed plant species. N Gopher Tortoise Survey, Hillsborough County, Florida. Conducted gopher tortoise survey for Linebaugh Avenue improvement. o DRI Reviews for Central Florida Regional Planning Council. Provided technical support for three DRI Reviews involving water conservatioa/water use issues and endemic vegetation. I-10 to 11.55 Corridor Study, Florida and Alabama Department of Transportation. Assisted in Pre-Draft Environmental Impact Statement coordination for the I.10 to I-65 Corridor Study in northwest Florida and southern Alabama. This included identification, analysis and classification of wetland systems utilizing Landsat imaging. 0 Highlands County Tree Ordinance Committee. Member of appointed committee providing technical assistance in developing a model trer/landscupe ordinance including a section dealing with protection of environmentally-sensitive wetlands and upland scrub. s ¦ Preparation of Approximately 50 Programmatic CEX packages • Certified through FDOT WQIE Training Course ¦ Wet 11 Modeling Experience Betsy Davis Page 2 ¦ Wetland Mitigation Design, Linebaugh Avenue, Tampa, Florida. Designed six acres of mitigation for impacts involved with widening of Linebaugh Avenue, in Hillsborough County. Project included forested and emergent polustrine sites and included creation, enhancement, restoration and preservation aspects. ¦ Osceola/Okeelanto Wood Fuel Studies. Studied the feasibility of use of exotic nuisance species for fuel in south Florida. Additionally, studied feasibility of Eucalyptus silviculture for agriculture wastewater treatment and harvesting for fuel source. ¦ Native plant landscaping associated with roadway/bridge improvement projects utilizing Xeriscape Landscaping and Environmental Landscape Management (various clients). ¦ Development of upland vegetation restoration and enhancement plans, including Cypress Point and Winter Park Golf Course (various clients). Professional Xeriscape Florida Steering Committee Associations National Xeriscape Council, Inc.' Florida Water Wise Council , Tampa Bay Association of Environmental Professionals Florida Association of Environmental Professionals Publications Bi•weekly newspaper article "Extension Topics- (Lake Placid IQUMAI. Setring w Avon Park Sun) Articles of Senior Sccnc Magazine and BI-monthly commercial horticulture newsletter and homeowner newsletter. Monthly Master Gardener newsletter. "Landscaping Water Audits Encourage Outdoor Water Conservation", Public Works Maggzine, August 1994. i i i i 1 J F 1 11 r r i r r r Eric Salle CADD Technical Support Mr. Solie is an experienced CADD technician with 12 years of drafting and design experience. He is proficient in the use of several CADD software programs such as 3-D CADD, including AutoCAD R13, Intergraph MicroStation 95, and DCA. Eric is also experienced in the use of ISRTs ArcCAD software, an ARC/WO-compatible GIS program which operates within an AutoCAD environment. Mr. Solie has worked on numerous projects involving data automation, data conversion, GIS coverage file preparation, and map composition and plotting. Drainage, utilities, plan and profile, structures cross sections, signalization, signing and marking quantities, PD&E, 3D modeling, and presentations digitizing. He is also experienced in data conversions between .DWG, DXF, DGN, ARVINFO EXPORT, ASCII, TIFF, HMR, and EPS file formats. Basis for Team Selection A.S./Commerciol Engineering Drafting Technology ¦ 12 Years of Experience in Drafting & Design ¦ GIS Experience N AutoCAD R 13 ¦ MicroStation 95 at Descartes Select project experience includes: ¦ Design and drafting for Cypress Creek environmental mitigation. N Design and drafting for Aliens Creek environmental mitigation. • Design and drafting for Apollo Beach environmental ,mitigation. ¦ Design and drafting for US 98 PD&E Study. • Design and drafting for Memorial Causeway PD&E Study. ¦ Design and drafting for South Florida Rail Corridor. s Design and drafting for Highlands Ave. Widening and Resurfacing, Clearwater, Florida. Design and drafting for Linebaugh Ave. Widening and Resurfacing, Hillsborough County, Florida. Design and drafting for I-4 Reconstruction Design, Hillsborough County, Florida. ¦ Design and drafting for Boca Ciega Park. Pinellas County, Florida. Design and drafting for Tillman Ridge Landfill, St. Johns County. Florida. Drafting for Toytown Landfill, Pinellas County, Florida. Design and drafting of civil, mechanical and architectural/plans for Bridgeway Acres Sanitary Landfill and Resource 'Recovery Facility, Pinellas County, Florida. • Drafting for Edison ,Bridge, Ft. Myers, Florida. ¦ Design and drafting for Pinellas County Solid Waste Facility. ¦ Design and drafting for I-1011-65 Corridor Study f 4 4 4 4 4 4 y OTHER APPROPRIATE DATA = Professional Liability Insurance HDR maintains adequate professional liability insurance coverage to meet the City's requirements. A copy of HDR's Certificate of Insurance is on the following page. • Acknowledgment of Requirements of the RFQ HDR acknowledges that we have read and concur to the requirements listed in the project's RFQ. A notarized statement to this effect is provided at the end of this section. • Legal Name HDR Engineering, Inc. is a State of Nebraska corporation licensed to do professional engineering services in the State of Florida. Names of Officers are as follows. Richard Bell, President William H. Wadsworth, Sr. Vice President Louis Pachman, Secretary Wendy Lacy, Treasurer James Suttle, Director Elwin Larson, Director HDR's corporate headquarters in Nebraska is located at 8404 Indian Hills Drive, Omaha, Nebraska 68114, telephone 402/399-1000. Tampa Bay's HDR office is located at 5100 West Kennedy Boulevard, Suite 300, Tampa, Florida 33609, telephone 813 / 287-1960. w Statement of Litigation Due to HDRs extensive national presence in the consulting engineering industry, we have been named in lawsuits and litigation. None of these lawsuits will affect HDR's ability to perform on this assignment for the City of Clearwater. If additional information is desired, please contact Mr. William H. Wadsworth, Senior Vice President, at 813/287- 1960. r.,". fir. d:.?.,i: ?.i t..•a1' '.. v..: .o -._..» n... , { 4QRD„, CERTIFICATE;4F LIABILIT:'Y:INS'URANCE DATEIMMInor(Yl IkrrNr"r a.xYwr .:,,.:f:<;:> ..,,......, <:., .. . ... ......:...,....... 0813011996 PRODUctR 402.691.6o0U THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO BIGHTS UPON THE CERTIFICATE Alexander & Alexander Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 12320 Shamrock Plaza ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P O Box 3388 Omaha NE 68103-0388 INSURED HDR Engineering. Inc. 8404 Indian Hills Drive Omaha, NE 681144049 COMPANY A AMERICAN GUARANTEE & LIABILITY COMPANY B ZURICH INSURANCE CO COMPANY C HARTFORD FIRE INS CO COMPANY D CONTINENTAL CASUALTY CO covl?a?E } ,( ... , s.,,....,.......Y....,.,._.rrl{.:.,.yf..a4r,?i.:r'. ?.,.? ,•i:. r.: <;... ...,.,.., :. :..:.... • : ',,::..:.. t.: s:.:<<r cc, c.. •.. ..,... ... H?::;.ti:i. ......?i.:..:...... .<..:.. ?,.:5 .c.:? ;a:.',l'v :%;:bl....ea:.'ar>L:•ai.;,:<:i.:...h '.•s :. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES_ LIMITS SHOWN MAY ITAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMMMOKY) POLICY EXPIRATION DATE IMMMOIYYI LIMBS B GENERAL LWIUW CP0802204402 06/0111996 06101/1997 GENERAL AGGREGATE 1 11000,000 X COMMERCIAL GENERAL LIABILnY PRODUCTS • COMPIOP AVG 1 11000,000 CLAIMS MADE El OCCUR PERSONAL S AOV INJURY 1 1. 000, 000 OWNER'S i1 CONTRACTOR'S PROT EACH OCCURRENCE 1 1, Doa, goo FIRE DAMAGE IAnr one firs) 1 1,000.000 MED EXP (Any one potion) 1 S.000 A A AUTOMOBILE LIABILITY X ANY AUTO BAPS02204502 TAPS02460702 06/01/1996 06/01/1996 06/01/1997 06/01/1997 COMBINED SINGLE LIMIT 1 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS IPsr psfooo 1 X X HIRED AUTOS NON•QWNED AUTOS BODILY INJURY IPsr sccidsnil [PROPERTY DAMAGE / GARAGE LIASIUTY AUTO ONLY - EA ACCIDENT 1 ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT 1 AGGREGATE 1 EXCESS LIABILITY EACH OCCURRENCE 1 UMBRELLA FORM AGGREGATE 1 OTHER THAN UMBRELLA FORM 1 C WORXERS COMPENSATION AND 91 WBRMX9750 06101/1996 06/01/1997 X WC STATU• OTH• EMPLOYERS' LIAOU" EL EACH ACCIDENT 1 100,000 THE PROPMETOR! X INCL EL DISEASE • POLICY LIMIT / 500,000 t t PARTNERVExECUTNE OFFICERS ARE: EXCIL EL DISEASE • EA EMPLOYEE 1 100,000 D Architects L Engineers Professional Liability PLN 1 13978408 09/01/1996 09/01/1997 Per Claim 6 1,000,000 Aggregate f 1,000,000 DESCRIPTION OF OPLRATIONSILOCATIONSNEHICLESISPECIAL ITEMS Insurer's Florida ID No. 751221488 14. This certifies that this is a true and I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE accurate copy. fWmATION OATS THEREOF. THE ISSUING COMPANY WILL tN3LX11] XI1 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. P" y SUSAN A HAYES My -*IT ion C C16 EXCEPT 10 DAYS NOTICE: FO NON-PAYMENT, f }BIILC i30L1WE7C]tl GIiC C X FOiEDC I11I0(06X L , i•• Y NOLtILFC IL44 3 ?? % DxX> I>sQ t DE I ?1 >Qax ExpYe. Mar. 8f, log0 Notary Publi? p by } Date AUTHOAIZED REPRESENTA +T~ ,4of no CM-422.1655 Wiliiztm N. Vc a ?' vwa ,..v.l...l..,w ?•e: •kh •,???•?:: /•,,s .}•. e.T :•-<. ACORp 2B. .i11 1:, .. , ,? ?., .?'•. ..... ., .. .. .....:'?:.. :a ?':Y^e•M"::.:.{:?:k.: .ti *: iE••;r •,ti?. :,•>:• ?.y.. ..:y??r.. ?.?>.•:?'...?: <:>:^:;::'?`:?:?:?:.;.::.::.::... . ,?::......., ...e?•ACORD.COEi?'ORA ON '1980 4 County of Hillsborough State of Florida I, William H. Wadsworth, Senior Vice President, of HDR Engineering, Inc. hereby acknowledge that I have read and concur to the requirements listed in the City of Clearwater's Request for Qualifications for the Management Plan for Camp Soule (Florida Community Trust Project No. 95-023-P56). Signed this 13th day of September, 1996. r William H. Wadsworth, Senior Vice President HDR Engineering, Inc. Sworn to and subscribed before me this 13th day of September, 1996. Nbtary My Commission Expires: eu.1 SUSAN A HAYES *' ?' My Corsxnlsrion CC3E0M EYphs Mu, 01,1 Gs9 r? Smdrd by HAI 600-422.1666 t i } i I .^-$I ui . N . r. A °.i l- z, ? t0 1d fj d0 3'9tld tv .u JU . tY•Lt: -1%^ k.?at. L?ll,kl. 1 k` M Sri tV ?R !+ w M w s 9 ? wow a a ? at*M-'40d-0i* a1 v A Y 0321 aW SANd M'10 9Z8taZ99E18 9C:60 9661/1L/©'F. 4 10/21/1996 09:36 8135624825 CLW PARKS AND rR?EC .. .N MV • \ti-w Olson i.MJ1.XA.A1.VJ. I%.- October IA. 1 CAMP SOULE RESOURCE MANAGEMENT PLAN Truk Nseriptlons PAGE 03 010M24tsX-5;0 2/ a Phase I.- This task includes all preliminary "wlltc ion including: (1) wrnptlatlon of tclcvant Information from the City, CCT, the Fludda Natural Arses lnvcutory. (2) cuordinwtiun with all key stakeholders including the City, Boy Snouts, and agencies (Florida Game and Fresh Water Fish Commisalon, Florida Division of Poteatry, %uthwest Florida Water Muugernmt DiNtrid). and (3) all field mcconnalisamo necessary to complete park mumaement to zk write ups, ewlogical dca 4tioas, all map preparation, uM archmology. Dillverablafi: Brief interim report of progress that documenig completirin of all sub tasks as dwribed above. Phase 2: This task involves developing the first draft of the management plan and all %upptuting Inlbtmstion last will be Presented in the appenclees. The docurnented will be developed and teviirwed in-house said vt maps, ftgurts, sled tables will be developed. Defivarablex. First Draft of Management Plan, note 31 Upon review of the ftut draft of the management glut by the boy scouts and the City, the management plan shall be revised to reflect comments and subnnltted to the FM Dellwmble:. Sceond Draft of N14naScment Plan modlftrd as per review .hall be sent to PCT. Pbaia 41 The final trade involves responding to the comments of the FCT and working out may diu mlwaiea with the boy scouts and the City. Once the City, the boy scouts, sled the FCT are tmtisflod with the numagement plan, a final drat! .4wil be prepared acd submitted to the FCT The pm)w sW1 be cottiikred complete upon rociW of a latter from FCT an ing that the meta gcnwnt plan is moved. D41vorabJsr Approved Final Draft of Muragcmcnt Plan w/ Leas: of approvtl from FCT If you have any quesdotta, plwc don't hesitate to call me. I look forward to working with you. W 4,n??aMori?m vp1 t k FE2 22 195 03=OG M : . WILLING OWNER STATEl1+f M TO. City of Clearwater Florida Communities Trust RE: Pa=1 Number: 32/28/16/000001410/0000 ''. N112ONSE114LESS $965FTANDLESS RDSOILNSzS CAMP SOULE PROPERTY SECT FROMM X495-023 P56/Carnp Soulo City of Clearwater P.2 i do hereby state that as 8n authorized agent for the property owner of the above irefcrenwA property, the Wost Central Florida Council Is wtiIing to entertain a purobase offer from the City of Clearwater and the Florida Communldea Trost, ' By: William A. Robinson, Scant Execudve West Central Florida 'Coundl Pleaaa return this form to: William A. Robinson, Scout Executive writ Gera Florida council 11046 7ohnson Blvd. Seminole, Florida 34dd2 fS- f a . ? I ??f??!l??J!RF.MI.ITIl14NY?4{?'-w+', ? ... t 1ri..f{?.w.l EN?.r.. R4. • •+s. M-.. w.« u.. .r - .. _. ,..r .t ?z'r•Wr.?., a ,y,. a .'14 ?r • ? ° e :f , ' [ • S? Clearwater City Commission Agenda Cover Memorandum Item N: Meeting Date: SUBJECT: SOLID WASTE ORDINANCE REVISED FOR ROLL-OFF SERVICE RECOMMENDATIONIMOTION: Pass Ordinance 6105-96 on first reading which provides a rate structure for the Solid Waste Department to operate in the roll-off business in competition with private solid waste companies which includes leasing, servicing compactors and open-top containers, and approves the investment of approximately $235,400 in additional containers and compactors to support the enterprise, N and that the appropriate officials be authorized to execute same. BACKGROUND: • Solid Waste commercial revenues have decreased each year for the last five years. This erosion of revenue is the result of recycling and the expansion of private hauling companies into leasing and servicing compactors and open top roll-off containers to citizens and businesses in Clearwater. The attached anaylsis reflects an annual decrease of $466,389 that is directly attributable to private company roll-off operations. • It is the position of the Solid Waste Department that higher fees than necessary are being charged for the services rendered. CSW (Clearwater Solid Waste) requests City Commission approval to enter into the roll-off business in Clearwater and unincorporated Pinellas County in competition with the private hauling companies in order to lease and service compactors and to haul and service open-top containers. • By competing with private companies, CSW can recover a share of the Solid Waste revenue lost and in so doing provide roll-off service at lower prices which will encourage private companies to lower their rates in order to be competitive. The overall benefit will be an additional choice for local citizens and businesses to obtain quality roll- off service at the best price while providing revenue to CSW for the overall support of the solid waste system. It is a "win-win" situation for the citizens and businesses of Clearwater and CSW. Reviewed by: Originating Department: Costs: Commission Action: Legal $467,400 ? Approved Budget Solid Waste --ee y1 701at ? Approved with Conditions Purchasing A User Department: /fl $235,406 ? Denied Risk Mgmt. NIA. Solid Waste Current Fiscal Year ? Continued to: IS NIA funding Source: ACM M Capital 101proverneol. Other Advertised: ? Operating: Date- ? Olher: Attachments: Paper- Analysis of Annual Revenue Impact Five Year Proforma Ordinance 6105-96 Submitted by: M Not Required Appropriation Code Affected Parties 315-96429.564000-534-000 E3 Notified ? None ty onager 13 Not Required (/ Printed on recycled paper Agenda Item for Solid Waste Department Roll-off Request Page 2 • CSW provided proformas (summary attached) which show that by entering into competition with the private companies CSW can provide service at lower rates than is currently being charged by the private companies while still earning $253,170 more than would be earned from private company surcharges over the'first five years. This revenue can be applied to the total Solid Waste program in order to keep rates down in the long term. • The concept and five year proforma which was provided to the City Commission in advance, was presented to both the Fiscal Review Committee and a select committee from the Chamber of Commerce. Both Committees were comfortable with the proforma and supported CSW entering into competition with the private companies by a unanimous vote. • Request Commission approval to proceed with the expansion of the program within Clearwater and unincorporated Pinellas County beginning with the current fiscal year. • Funding in the amount of $145,000 is available in capital improvement project (CIP) 315-96429, Commercial Container Acquisition, for the acquisition of roll-off containers. The balance of $90,400 will be provided by 'a first quarter budget amendment transferring operating expenses no longer required as the sole provider of roll-off services. r. '"'^'1'h''A..i"?'?..a1i°AT..=.=5..y.+e. ri4.w.. r. cnwt4fP H"?. Frfi.' 1w i•. ..iY 4i+. ?....,?.. 1: ek.?t"k-1,. i5 fr'i S. F'x.? ?.... . City of Clearwater, Solid Waste Department Analysis of Annual Commercial Collection Revenue Lost Directly Attributable to Private Company Roll-Off Operations in Clearwater Ro 11 ff Cust Total Lost 1. -o omer Radisson Sand Key Resort $ Revenue 29,223 . 2. Bayridge Apartments $ 39,488 3. Park Place. $ 9,101 4. Scientology Sandcastle $ 6,581 5. Target Store $ 14,612 6. Highland Terrace Apartments $ 6,581 7. Rockaway Grill $ 11,733 8. Sam's Club Store $ 14,612 9. Walmart Store $ 14,612 10. Staceys Buffet $ 13,163 11. Northwood Plaza $ 52,095 12. Empress Cruise Line $ 9,101 13. Bayside Arbor Apartments $ 17,996 14. Harbor Towne Apartments $ 14,939 15. Builders Square Store $ 14,612 16. U.S. Post Office (Belcher Road) $ 946 17. Albertsons (Missouri Avenue) $ 12,148 18. The Landings Apartments $ 23,209 19. Baywinds Apartments $ 46,423 ' 20. Stein Mart Store $ 6,581 21. Sheraton Sand Key Resort $ 29,223 ` 22. Clearwater Towers Office Building $ 6,581 , .. 23. Carlisle Lincoln Mercury Dealership $ 9,708 24. Regency Oaks Nursing Home $ 12,148 25. Ken Marks Ford Dealership $ 6,581 26. Woodlawn Arbor $ 14,612 27. Circuit City Appliance Store $ 4,499 28. Various open-top customers $ 19,367 29. Lokey Motors Dealership $ 5,914 TOTAL $ 466,369 compcustomer ,..,...._,..,...... ,.«,_,., ?_aii..saw. .. ' ?'•.+wn,?u.;.t.v..,r..., nt?s.is?«?e...,mt.i,:... x-. E . , .. e . n t . •,r... ?3.e... r ... S ((i i' Q aai M co a 1 °?° o Lo CK) co co °' to i) Co ni co 69 Qs +» C> C.7 C3 Q a? a fD C3 o ° ro ?. a w of co t? tb co Q1 C to to 'r a 0 Q ++ C f 7 n O Q to . p, Q1 i a to LO T 00 C' Cc " C 6% ?' 0D t? O O Z. 0 - O om ? C lNty N d co t - m O m l a I to V- m w T- to C t- t/3 6% 61-). v E is O O? 9 C: o C° o N D1 c tri c . L? C14 M ` N ? n O a C V tY co [ V w cc r a g 60 m ? 69 tf3 d O m q ?° u! C c Q w (0 to ? •- p u s LL. tl9 Ef} ? ti3 V? ? i. ? t? C a° m m i N a r LM N > I' U d) E w > cm cm S a ? c ? (D a La ? a` • ? ? s U Z ? LCx ? w cu a r a i } i I ? .F ' ? .. .. .. .ri?.... .?.'ar79ld? ?"?.Tn: t ; ;:ri• I'r .v r ? .? ? ? • , AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ESTABLISHING A SCHEDULE FOR SOLID WASTE FEES, RATES AND CHARGES; AMENDING SECTIONS 32.292, 32.293, AND 32.296, CLEARWATER CODE OF ORDINANCES; DELETING SUBSECTIONS (C), AND (D), OF SECTION (3) RATES, ARTICLE XXV PUBLIC WORKS-FEES, RATES AND CHARGES; AMENDING THE SCHEDULE OF FEES, RATES AND CHARGES TO CREATE SECTION XXIX TO APPENDIX A FOR SOLID WASTE FEES, RATES AND CHARGES; REASSIGNING CERTAIN DUTIES AMONG CITY OFFICES; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: A' i Section 1. Section 32.292, Clearwater Code of Ordinances, is amended as follows: Sec. 32.292. Application. Every person required to procure the permit for roll-off container service provided for In section 32.299 shall submit an application for such permit to the director of public works. The application shall: (4) Be submitted to the city manager by the director of golid waste PUSH is-vfres- together with all pertinent information required in this division, in order that a determination can be made by the city manager. 1 Section 2. Section 32.293, Clearwater Code of Ordinances, is amended as follows: t i 1 OrdInanoe No. 6105-96 Sec. 32.293. Prerequisites to issuance. In determining whether or not a permit for the placement or servicing of roll-off containers should be issued, the city manager shall consider and base his decision on the following: (4) The certificate of approval of the director of aQlid waste publie wG4% to the effect that the applicant has satisfied the following: Section 3. Sec. 32.296, Clearwater Code of Ordinances, is amended as follows: Sec. 32.296. Termination, denial, renewal. (1) All permits for roll-off container service issued pursuant to this division shall be valid for not more than one year and shall terminate on September 30 of each year. I ! t (2) Each permit holder shall make a written application for renewal on forms provided by the director of solid waste public-wedfe on or before October 1 of each calendar year, which renewal application shall update the information provided by the initial application and shall be accompanied by a fee in the amount required for initial applications. (3) Applications for renewal shall be processed in the same manner as an initial application. (4) No permits required by this division shall be renewed, and no new permit shall be issued to any person unless the sups ' determines that the city is unable to collect, remove or dispose of certain garbage, rubbish and other accumulations. In such case, he then shall submit his written findings to accompany the applications and such findings shall be considered in the issuance or renewal process. (5) Such permit may be terminated or denied by the director of agk waste pulls-wefks but only after the procedure set out in section 29.4'1(2) has been followed. •(6) The granting or renewal of a permit pursuant to this division shall not be construed as a grant of a franchise or of vested rights. Oedm 4. Sections 32.298 and 32.299, Clearwater Code of Ordinances, are added as follows: 2 Ordinance No. 8105.98 .$ection 5. Subsections (c) Solid Waste Collection Rates, and (d) Recycling, of Section (3) Rates, of Article XXV. PUBLIC WORKS--FEES, RATES AND CHARGES, are deleted, and the remainder of Section (3) Rates will be relettered. Section. Article XXIX will be added to Appendix A -- Schedule of Fees, Rates and Charges as follows: XXIX SOLID WASTE FEES, RATES AND CHARGES: (1) Solid waste collection rates. (a) Monthly charges for twice weekly collection of solid waste in prescribed containers. 1. Single-family and multiple-family dwellings. (1) Curbside pickup: $16.30 minimum for each living unit with no limit on the number of containers per unit on manual pickups. One container will be provided for automated service. Additional containers will be provided at the discretion of the director of solid waste at the rate of $16.30 per container. Where routes are automated, automated service shat( be the only option. (ii) Side or rear building collection: $32.60 minimum for each living unit. Manual pickup has a limit of two containers, each having a capacity no larger than 32 gallons per unit. A fee of $11.37 each will be charged for each additional 32-gallon or smaller container for rear yard pickup. A fee of $32.60 will be charged for side or rear building collection of each automated container. (iii) Base charge: $5.42 for each account. The base charge will be included in the monthly charge for active accounts. Dormant accounts will be assessed the base charge. 2. Motels, apartment motels, or apartments renting by day or week; all containers serving the premises shall be centrally located at one collection point. 3 Ordinance No. 6105.96 (i) Curbside pickup: First living unit, minimum .... 16.30 All additional living units; per unit .... 8,53 (ii) Side or rear building collection: First living unit, minimum .... 32.60 All additional living units, per unit .... 16.30 3. Motels, apartment motels, or apartments renting by day or week with commercial containers. In accordance with the schedule in subsection (5)(d)2.a. of this section. 4. Commercial buildings of all types such as stores, hotels, factories, filling stations, service establishments and the like with separate water metering for twice weekly collection. (i) Curbside pickup, minimum .... 16.30 (ii) Side.or rear building collection: Two containers, minimum .... 32.60 Each additional container .... 91.37 (iii) Commercial containers: In accordance with the schedule In subparagraph (5)(d)2.c of this section. 5. Each building containing four or more separate business or professional offices and one common water meter. (i} Curbside pickup: First eight containers .... 68.20 Each container In excess of eight .... 10.00 (ii) Side or rear building collections: First eight containers ....136.40 Each container in excess of eight . , . 20.00 (iii) Commercial containers: In accordance with the schedule in subparagraph (5)(d)2,c. of this section. 4 Ordinance No. 6105-96 rMw",., _.-q.., .. ,ice. ..._......... .. .. .... _, i (b). Monthly charges for daily commercial (except Saturday, Sunday and holidays) collection for solid waste in prescribed containers. 1. Curbside pickup: (i) One container, minimum .... 42.62 (ii) Each additional container .... 42.62 2. Side or rear building collection: (i) One container, minimum .... 85.25 (ii) Each additional container .... 85.25 3. Commercial containers: (i) Uncompacted commerclal; Size Times per Week Pickup (cubic yard) 1 2 3 4 5 6 1 $ 41.82 $ 75.85 $108.86 $150.37 $ 198.78 288.64 2 75.90 138.66 201.41 277.33 369.18 543.06 3 98.19 179.40 260.60 358.85 477.71 702.72 4 117.94 217.60 317.26 437.83 583.70 859.85 5 118.12 236.23 354.35 497.24 670.13 997.40 6 159.50 296.07 432.64 597.87 797.76 1,176.17 8 201.38 374.91 548.44 758.38 1,012.37 1,217.64 No new one-yard commercial containers shall be provided after January 3, 1991. 5 ordinance No. 6105-96 (ii)Compacted commercial: Size Times per Week Pickup (cubic yard) 1 2 3 4 5 6 1 $ 88.82 $ 177.65 $ 266.47 $ 373.94 $ 503.95 $ 750.06 2 151.86 303.71 455.57 639.29 861.56 1,282.32 3 214.89 429.78 644.66 904.64 1,219.17 1,814.58 4 277.97 555.94 833.91 1,170.21 1,577.07 2,347.26 5 340.95 681.90 1,022.85 1,435.34 1,934.39 2,879.09 6 403.98 807.96 1,211.95 1,700.69 2,291.99 3,411.35 8 530.04 1,060.09 1,590.13 2,231.40 3,007.21 3,616.95 (c) The charge for the collection of loose trash or garbage shall be $149.50 per hour or $2.49 per minute for time on site with a minimum charge of $25.00. (d) The charges set forth above shall be subject to adjustment for increases or decreases in the dump fee. Uniform increases or decreases shall be recommended by the director of solid waste and approved by the city manager, and a copy of the adjusted charges shall be filed with the city cleric. Other increases or decreases shall be subject to approval by the adoption of an ordinance by the city commission, upon the recommendation of the city manager. (2) Recycling. a. Recovered materials dealer annual application fee ... . $50.00 b. Curbside recycling: 1. Monthly charges for curbside service for once- weekly collection for each unit: 6 ordinanoe No. 6105.96 Calendar Year 1994 1995 1996 1997 1998 $1.99 2.05 2.05 2.05 1.99 2. Charge for additional curbside recycling bins or replacement of bins lost or damaged due to negligence shall be: Cost plus $1.00 handling charge per bin (one-time charge per delivery). 3. Charge for a curbside recycling bin toter shall be: Cost plus $1.00 handling charge. 4. Special collection of recyclables where City services a biro at the residence or carries bin to curb, without physician's certification of medical necessity, shall be: Twice the curbside recycling charge. 5. Service outside of the municipal limits. Accounts outside of the city limits shall have a ten percent surcharge assessed over and above the monthly charges for curbside service for once-weekly collection for each unit. C. Mon thly charges for multifamily collection of prescribed service: 1. Service with semi-automated carts: Calendar Year 1994 1995-97 1998 Cluster of 1, 2 or 3 Carts Time(s) per Week Pickup 1 $54.48 $56.00 $57.52 2 x 98.31 101.09 103.86 3 x 142.14 146.17 150.20 7 Ordinance No. 6105-96 i i 4 x 196,64 202.18 207.73 5 x 264.04 271.42 278.80 6 x 397.88 408,74 419.60 Cluster of 4 or 5 Carts Time(s) per Week Pickup 1 $61.48 $63.00 $64.52 2 x 112.31 115.09 117.86 3 x 163.14 167.17 1 171.20 4 x' 224.64 230.18 235.73 5 x 299.04 306.42 313.80 6 x 439.88 450.74 461.60 Each Additional Cart over 5 Time(s) per Week Pickup 1 $7,00 $7.25 $7.50 2 x 14.00 14.50 15.00 3 x 21.00 21.75 22.50 4 x 28.00 29.00 30.00 5 x 35.00 36.25 37.50 6 x 42.00 43.50 45,00 8 Ordinance No. 6105-96 i E 2. Service with non-compacted commercial container: Times Per Week Pickup Dumpster Size (cubic yard) 1 2 3 4 5 6 2 $44.02 $80.42 $118.82 $160.85 $214.12 $314.97 3 56.95 104.05 151.15 207.84 277.07 407.58 4 68.41 126.21 184.01 253.94 338.55 498.71 6 92.51 171.72 250.93 346.76 462.70 682.18 8 116.80 217.45 318.10 439.86 587.17 706.23 Multifamily complexes serviced with one compartmentalized container cluster of four equates to one three cubic-yard dumpster. d. Monthly charges for once-weekly collection of recyclables at each multi-family complex offered after January 1, 1996, will be for each living unit: 1;? X997 1996 $1.50 $1.50 $1.45 Billing for recycling service offered before June 1996, will commence June 1, 1996. Billing for service offered after June I ; 1996, will commence In the appropriate billing cycle of the month following e. Monthly charges for commercial collection represents the target level of commercial recycling from which the solid waste department will flex up or down to be competitive with certified recovered materials dealers (private recycling companies) operating within Clearwater. 9 Ordinance No. 6105-96 i 1. The target level charge for service with seml- automated carts shall be charged on the same basis as rates included in 3.a. 2. The target level charge for service with non- compacted commercial containers shall be the same as rates included in 3.b. above. (3) Roll-off service, (a) Pull charges. A pull being the hauling, dumping and retuming of a container one round trip. 1. 20 yd. - $ 95 per pull 2. 30 yd. - $100 per pull 3. 40 yd. - $105 per pull (b). Deposits. 1. Roll-off compactors. A $400 deposit will be charged for each roll-off compactor. 2. . Open top container. A $400 deposit will be charged for open top roll-off containers. Service charges will be assessed against the deposit until It is insufficient to cover the next pull and disposal bill. At that time the customer will be required to make a payment on account or replenish the deposit in order to cover the next service billing. 11 3. The initial deposit may be set at less than the normal three month level upon determination of being In business for two years or more or otherwise providing satisfactory credit worthiness and by executing a speclal deposit/payment agreement approved by the director of solid waste which provides for a more rapid payment schedule than normal. (c) Billing. Roll-off service customers will be billed for a combination of the pull charge, disposal fee and any other roll-off services rendered. (d) Other service charges. 1. Rental. A $3 per day rental charge will be assessed for containers not pulled and dumped a minimum of once each month. 2. Rinse and deodorize $25. 10 Ordinance No, 6105-96 3. Overload charge $50 for any container loaded above the rim. 4. Damage. Damage to container will be assessed at actual cost of repair, 5. Enforcement. Any charges assessed against a city roll-off vehicle for overweight or overloading will be paid by the customer to whom the container service is provided. 6. Malfunction. Containers that are damaged and/or not maintained properly and cannot be dumped will be returned to the owner for repair and a pull charge assessed for the trip. After repair, a second pull charge ' . will be assessed for the pull along with disposal fee and other appropriate charges. 7. Premium service. Any roll-off service required after j° duty hours or on weekends or holidays where overtime ?. must be paid will be billed to the customer at time and one- E half or 150% of the established charge. 8. Placement or retrieval. A $50 charge will be assessed for the placement or retrieval of a container requested and not used or returned empty without an associated pull charge. 9. Lease and Service Rates. Lease and service rates for compactors will be based upon the size, type and Installation requirements of the compactor as determined by the director of solid waste. ' (e) Charges for roll-off service represents the target level of charges for the services rendered from which the solid waste department will flex up or down to be cost effective while providing the most economical service to customers. aection 7. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey, Mayor-Commissioner Approved as to form and Attest: legal sufficiency: Johif Carassas, Asst. City Attorney Cynthia E. Goudeau, City Clerk 1 Ordinance No. 6105-98 ire `4??.4R4.r}Et+a... r-.. ... -. .?... .,s. ..... ..., ... .., .. . y t :.}[.•'?'i? •:4• C •5?•!,n`.^t- .iL,ik?. iia?ir?',?{5?9i 4?/it•c..kt!,;Y, tl'..;=;,'PP`s r? . ??f`!4•'?i,'?rf.. ??i'ki.;',i'''.?t?.o??r,,?i;4r•.i ??gti.i:.`g ii ?ti.t`•c?•'••?•..ti,e ?'r?., `t•. -2. °??'-.. ,.hi'`F' •'??_,? 'w v Item #50 K ":f •.. , , ? , Ill?1?I?? ???? y, i• tY ' - 4 I P P 50 • 1995196 CITY COMMISSION APPROVED CSW TAKING OVER ROLL-OFF BUSINESS IN CLEARWATER AND COMPETING WITH PRIVATE HAULERS IN UNINCORPORATED PINELLAS COUNTY 9 1995196 COMMISSION AUTHORIZED THE PURCHASE OF 2 ROLL-OFF TRUCKS AND 40 CONTAINERS AT A TOTAL COST OF APPROXIMATELY $250,000 i CSW PURCHASED THE TRUCKS AND CONTAINERS AND NOTIFIED PRIVATE HAULING COMPANIES THAT THEIR PERMITS TO PROVIDE ROLL-OFF SERVICE IN CLEARWATER WOULD NOT BE RENEWED FOR FY 1996!97 (SEC 32.272 CITY CODE) a 0 vo a u- zCE MOM °Wa o? 0 W w? C) J OV Q LL w O V 4) ? >% c U) C ? 0 4) _ U) > o o 40) MOM 0 0 N cr ca 0 LL E _E o CD a v E 0 Nut r?r w %mom m `. v . ?c ,o N .? N . V} N 0 ,4r .0 now CL .2 * , ® saw NNO E zs .cL x ,o 15 0 0 19 co w &M m :3 CL 1 ¦ two) z= zs `? 4; 0 0?4)4 ®? ?u U) v V© cc cc 4)Ew4)o aZ -J Qs t;) 0 U). 0 000 U U) O W 0 0 .? O O LL 0 C- L 4.0 p ? 0Ju UJ LU E 0 CL 0 13 S, o E .? 0 -- , 0 0 , v E ...,, as U. ,*.O v Lu O • ° ? ?„ ?- O ? ,N v > . O 4f V C*4 sm 2:% * a 40 C4 a Now t? O = N C. cc CL t? CL M 0 ? m E . . HISTORY (CONTM) • CSW RECEIVED TRUCKS AND CONTAINERS IN LATE MAY AND BEGAN PROVIDING SERVICE TO CUSTOMERS IN JUNE 1996 TO THE EXTENT THAT WE HAD CONTAINERS. m CSW PROVIDED COMMISSION IN JULY A PROFORMA ON'THE FIRST THREE YEARS OF OPERATION WITH CSW HANDLING ALL OF THE ROLL-OFF BUSINESS IN CLEARWATER r • IN AUGUST COMMISSION DISAPPROVED CSW BECOMING SOLE ROLL-OFF SERVICE PROVIDER AND REQUESTED A PROFORMA WITH CSW COMPETING WITH PRIVATE COMPANIES. a HISTORY (CONVD). ? AN OPERATING CONCEPT AND FIVE YEAR PROFORMA FOR CSW TO LEASE AND SERVICE ROLL-OFF COMPACTORS AND OTHER CONTAINERS IN CLEARWATER AND UNINCORPORATED PINELLAS COUNTY IN COMPETITION WITH PRIVATE HAULING COMPANIES WAS PROVIDED TO THE CITY COMMISSION IN EARLY i OCTOBER. HISTORY (CONTD) • THE CONCEPT AND PROFORMS WAS PRESENTED TO THE FISCAL REVIEW COMMITTEE AND A SELECT COMMITTEE FROM THE CHAMBER OF COMMERCE, OCTOBER I OTH AND 14TH RESPECTIVELY. BOTH COMMITTEES UNANIMOUSLY SUPPORTED CSW COMPETING WITH PRIVATE HAULING ? COMPANIES IN THE ROLL-OFF BUSINESS. The City of Clearwater Solid Waste Department (CSW) proposes to lease and service compactors and provide open top roll-off service to the citizens and businesses of Clearwater, as well as incorporated Pinellas County, in competition with the private companies providing a similar service I". TO PROVIDE ECONOMICAL, COST= EFFECTIVE SOLID WASTE, COMPACTOR AND ROLLmOFF SERVICE TO THE CITIZENS AND BUSINESSES OF CLEARWATER, AS WELL AS UNINCORPORATED PINELLAS ' COUNTY, TO RECOVER COMMERCIAL SOLID WASTE REVENUE AND CUSTOMERS WHO WERE LOST TO ROLLwOFF COMPACTOR SERVICE THAT PREVIOUSLY COULD ONLY BE PROVIDED BY PRIVATE HAULING COMPANIES AND TO EXPAND THE CITY'S DEBRIS CLEARANCE CAPABILITY, City of Clearwater, Solid Waste Department Analysis of Annual Commercial Collection Revenue L ost Directly Attributable to Private Company Roll-Off Operations In Clearwater ff Total Lost R Roll-0 ustomer 1. Radisson Sand Key Resort eve $ nue 29,223 2. Bayridge Apartments $ 39,488 3. Park Place $ 9,101 4. Scientology Sandcastle $ 6,581 5. Target Store $ 14,612 6. Highland Terrace Apartments $ 6,581 7. Rockaway Grill $ 11,733 ' 8: Sam's Club Score $ 14,612 .9. Walmart Store $ 14,612 10. Staceys Buffet $ 13,163 11. Northwood Plaza $ 52,095 12. Empress Cruise Line $ 9,101 13. Bayside Arbor Apartments $ 17,996 14. Harbor. Towne Apartments $ 14.939 15, Builders Square Stare $ 14,612 16. U.S. Post.Office (Belcher Road) $ 946 17. Albertsons (Missouri Avenue) $ 12,148 18. The Landings Apartments $ 23,209 19. Baywinds Apartments $ 46,423 20. Stein Mart Store $ 6,581 21. Sheraton Sand Key Resort $ 29,223 22. Clearwater Towers Office Building $ 6,581 ?' . 23. Carlisle Lincoln Mercury Dealership $ 9,708 24. Regency Oaks Nursing Home $ 12,148 ` 25. Ken Marks Ford Dealership $ 6,581 26. Woodlawn Arbor $ 14,612 27. Circuit City Appliance Store $ 4,499 28. Various open4op customers $ 19,367 29. Lokey Motors Dealership $ . 5,914 TOTAL $ 466,389 I 4 i 1 o CITIZENS DESERVE A MORE ECONOMICAL CHOICE • ADDITIAiVAL 50 CUSTOMERS INTERESTED 1N CSW ROLL-OFFS • CLEARWATER MARKET IN EXCESS OF 1.2 MILLION *'UNINCORPORATED COUNTY FURTHER EXPANDS CSW MARKET POTENTIAL. .;1 • ROLL-OFF HIGH REVENUE PRODUCING • TRUCKS CAN GENERATE $800 PER DAY • LARGO, ST. PETERSBURG & DUNEDIN HAVE DOLL-OFF CAPABILITY ® COMPACTOR LESSEES MUST USE LESSOR PULLS 5 ' { } ® DOLL-OFF ENHANCES EMERGENCY DEBRIS CLEARANCE CAPABILITY z CSW WOULD: • PROVIDE AN ECONOMICAL COST EFFECTIVE CHOICE FOR CITIZENS e RECOVER REVENUE LOST TO PRIVATE COMPANIES a USE A FLEXIBLE RATE STRUCTURE LIKE COMMERCIAL RECYCLING TO COMPETE WITH PRIVATE COMPANIES O LEASE AND SERVICE COMPACTORS *.OPERATE IN CLEARWATER AND UNINCORPORATED PINELLAS COUNTY ENTER INTO OPEN COMPETITION WITH PRIVATE HAULERS • PROVIDE A TOP QUALITY - LOW COST OPTION TO CUSTOMERS • TREAT CUSTOMERS EQUALLY FAIR • CAPITALIZE ON REPUTATION FOR QUALITY RELIABLE SERVICE • RELIABLE - RESPONSIVE SERVICE o PRICE SERVICE BELOW COMPETITION GAIN MARKET SHARE WITH QUALITY SERVICE AT A LOW PRICE • MAKE MARGIN ON VOLUME • ADVERTISE INDIVIDUAL MAILINGS' TV SPLITS COMMERCIAL STAFF CONTACT NEWSPAPERS AND MAGAZINES UTILITY STUFFERS M to C) iR ?I} 49 O ? p O o ? m N Co M OD e- ?r t^ m 041 to G ww iA ig ff? ?y O C O p 07 E O ~ N Q V- e- O N C? o o° co N a ° O o O O 9 p N OD W) co V- co ip CO to o 0 v Cl) i..` V Z7 t N N co N T- ?- a° ?°? o O° co Q E a r? O y c NO Lo ° y' f c+'? e= F O ... IL 69 M dg t? . ow lcmxc a rn c c c o ? 'c a N o a a) M ar i? oc w N • L? 3!. Z' t0 E CO) co Q? r • 0 L6. z 0 2 >On co CO) J mi D I. LLI M z w W w mi 0 °° a ' rk ? ? a A C © 0 0 o w ? w M two F C c? loll I tem p -? Clearwater City Commission Meeting Date: Agenda Cover Memorandum SUBJECT: Harborview project budget RECOMMENDATION/MOTION: Approve an increase to the Harborview project budget of $147,245 for the purpose of completing the project, H and that the appropriate officials be authorized to execute same. BACKGROUND : • On October 31, 1996 the City stopped work at the Harborview Center. Based on information provided by Rowe Architects on October 30, 1996, it was apparent that there were insufficient funds allocated to complete the project as approved by the Commission. • on June 20, 1996 Rowe Architects appeared before the City Commission at a special meeting called for the purpose of discussing budget overruns and needed changes to the project. • At that meeting Dean Rowe repeatedly represented to the Commission that the budget amendments proposed would complete the project and that no additional funds would be needed. Based on that, the Commission approved the request for $730,900. • Mr. Rowe has acknowledged that he was aware of $134,800 in additional costs to be charged to the Phase 11 budget, as of the June 1q, 1996 Commission special meeting. He, at no time, informed the City Manager or the Commission of these costs. • As a result, inadequate Phase II funds were available for carryover into the additional improvements approved on June 20, 1996 by the Commission. • City staff has repeatedly requested an allocated budget from Rowe Architects following the June 20 Commission meeting. Reviewed by: / originating Dept: costs: $ 1 4 7 , 2 4 5 Commission Action.: Lgegat { City Manager Total E3 Approved Purchasing NIA $ 147F 245 0 Approved w/conditions Risk Hgmt. NIA User Dept: Current Fiscal Yr. i3 Denied Cis N/A ACH Funding Source: 0 Continued to: other FIN El Capital Imp. Advertised: © operating Attachments: Date: © other Paper: Attachment I 13 N d i ot Requ re submitted - Affected Parties Appropriation Code: C] None p -7 13 Notified er CI 9yana fl Not Required J P , 2 - S1 • The first summary budget was submitted on September 20, 1996. That budget reflected that there was a projected surplus of $89,860. • Deficit projections, as provided by Rowe Architects, have fluctuated from $109,000 on October 17, 1996 to $47,587 on October 29, 1996 to the total, estimated funds required of $100,000 per Rowe Architects as of.October 29, 1996. • Since that time, we have gone from a surplus of funds to a deficit of $100,000 per Rowe Architects' projections as of October 29, 1996. • After review and assessment of the information, we are unable to confirm that number. staff's analysis (Attachment 1) calculates the deficit to be $147,245 to provide funding for the items identified. • All of these amounts are derived from information provided to us by Dean Rowe. • our options include: 1) Discontinue the project, leaving it in its unfinished state or 2) Provide funds to finish the project • Impacts of not completing the project: 1) Globe Facilities has estimated a negative impact of approximately $67,000 in catering profits for the period November 16, 1996 to February 22, 1997 if we do not complete the catering kitchen, plus .estimated additional lost catering profits of $271,006.60 through September 30, 1997. 2) Contractual obligations to Boston Concession Group, Inc. and Pickles Plus. • Funding for these expenditures will be provided by a first quarter budget amendment appropriating $147,245 from the Harborview Center Fund. These monies will be loaned to the Harborview Center under the agreement with Boston Concession Group, Inc. for an interest free loan, and a loan from the Special Development Fund bearing interest at the cash pool rate. t :e? ?.d ?Y••'j •i ? 'f.°??*E.b'+' U.?. ?;A t?: ?^Y.r:'s a Y•,?` •. "?..ti i t?'*'1 :;s',21`"fis.. ?wfi?: ?`? 4. ? U'?;' i?°:?.'o i . ? +''£'.' 'if E?x ?11.,1ia 's 't\. ?; ?S •L7?.{` (•, a??'? w:,i ,Yr ?'Y •`?Ai 1? ?-I?nr.ra t• ,?r.?r',f•r:ei?•. ;t:,-..•i , ai''r't•. p?l ??•; ?:i F,., .5y ? m . .'s #51 r. A•f: F I . 5 Is: ' R$' 1 !--:3 1;- 61 , FYI.; .5lY? Attachment 1 "Estimated Needed Funds" per Rowe Architects' report to the City Commission dated 10/29/96 Unallocated funds included in construction budget by Rowe Architects in error Clearwater Room draperies charged to furniture, fixtures, and equipment budget by Rowe Architects in error Harborview furniture, fixtures and equipment "small wares" budget allocated to construction budget by Rowe Architects in error Simplex invoice dated 6120196 not yet approved by Rowe Architects and omitted in error Paint cost overrun on Clearwater Room omitted by Rowe Architects in error *Total Funding Needed *Projected funding need based on Rowe Architects' accounting of costs to complete the project. City staff has concerns that Rowe Architects projections on cost to complete are not accurate and/or conservative enough, are not all-inclusive, and have additional concerns regarding additional unanticipated carry-over costs from prior phases of the project. si $ 100,000 32,505 7,539 6,134 437 630 $147,245 i I E _ EMBANDUM GOP1E `" TO: CO?v1F,1i;' ?ti1gN TO: . City Commission NOV D 7 1996 FROM: Betty Deptula, City Manager I ` C k E R K .:;- T,:? R N F ?r SUBJECT: Harborview Center , DATE: ` November 6, 1996 Based on the budget cost report provided to the Commission by Dean Rowe, I received the attached report summary from Jay Ravins on those numbers. Staff will continue to work with the Architect and Contractor to verify them and will have final firm numbers tomorrow. After verification of these numbers, I will attempt to obtain a final assurance as to the requested additional funding. I will fax this information to you immediately upon receipt. If-you have arty 'questions, please call. attachment J s { 1iS • f .. - 1 Q\J Ae-,\ ( l ?'ll?:iWi.*:?IYtIAI?s+'..4- ... _.....» .rowyrt'.{f?+xJY3?iY•J'f.JS.MI r.......s u..-,.,.....,.,....... .. .. .. ... . - • ,..•. .. .t' . op t: aroma er u Interoffice Correspondence Sheet To: Betty Deptula, City Manager From: Jay Ravins, Finance Controller /. r• CC: Bill Baird, Acting Assistant City Manager Margie Simmons, Finance Director Date: November 6, 1996 RE: Work Session Requests for Information - HarborView project agenda item The following is in response to questions and requests for information from the November 4, 1996, Commission Work Session regarding the HarborView project budget agenda item. Please find attached a summary of the budget cost report provided to the Commission by Rowe Architects on October 30, 1996 (Attachment A). Please note that this report summarizes actual project costs incurred plus Rowe Architects' projections of _costs to complete per Rowe's allocation of these costs by project category. The Finance Department cannot verify the reasonableness or accuracy of Rowe Architects' cost projections. Additionally the Finance Department cannot verify the accuracy or reasonableness of Rowe Architects' allocation of historical costs to project category as Rowe Architects' controls this allocation process and we have no independent source to confirm the accuracy of the allocation. Commissioner Seel questioned whether the 10% contingency for the kitchen was still available since these items were "hard bid" at the time of the June 1996 Commission approval of additional funds. Per Attachment A, Rowe Architects is projecting a cost overrun on the Banquet Kitchen of $23,947. Attachment B details Rowe Architects' allocation of the $730,900 approved by the Commission In June, which indicates a Banquet Kitchen contingency of $31,886 030,011 + $875). Per Rowe, Architects' projection of a cost overrun on the kitchen, the contingency funds are not available and have been- "spent" in arriving at the projected overrun of $23,947. If additional information is needed, please let me know. Attachment A City, of Clearwater 11 n H r r i n tr c i n r Rowe Architects: (includes General Conditions and Contractor Fees) Actual Costs & Costa to Complete Construction as Allocated Budget Budge by Rowe Architects Undlerl(Qver) Phase I & 1A $ 3,542,606 $ 3,423,048 $ 119,667 Phase II Cncludes SteinMan & HarborView reimbursements, $ 5,726,503 $ 6,866,624 $ (139,121) *=Iudes Pickles Plus construction loan) Commission Approved Item: J Ane 1996 (includes Construction,2art? of 5780,500 approved in June and $551,600 of previously approved funds per Agenda Item) Banquet Kitchen $ 308,769 $ 332,716 $ (23,947) Kitchen Equipment (not-an wei,notindu&ng$62,670 166,426 181,512 (15,086) Ciurtron the D fj'eq+nt owto in Ktlehen Egmt, but a#'Oiher' below) Clearwater Room (includes Clearwater Room upgradea) 373,860 297,610 76,260 Pickles Plus Deli Infrastructure 162,100 148,925 3,175 Lower Level Catering Area 26,029 29,972 (4,943) Rehab upper level men's restroom 2,770 1,616 1,164 Improve fire stair hardware 2,500 2,109 391 MaMuee sign 55 ,000 65,000 - Totals per Rowe Architects' Cost Projections as of ]o-29-96 $ 1,086,454 S 636,232 S 76,027 Additional cosh not allocated to above a ri hi ct ' Atrium telephone backboards $ $ 2,584 (2,584) Graphics 2,218 (2,218) Draperies for Clearwater Room 7,639 (7,539) Miscellaneous project expenditures 140,492 (140,492) (utilities, landscaping, Cluj on the Bluff kitchen egmt, etc) Additional Contingency per Rowe as of 10-29-96 14,356 (14,355) Excess Architectural budget available for construction costs per Rowe Architects 9,000 9,000 Less excess Architectural Fees per PSS#3 to fund Feasibility Study costs per Rowe (5,420) (6,420) Additional costs per City staff Simplex invoice hold by Rowe (control panel change) Paint cost overrun on Clearwater Room Totals 437 (437) 630 (630) $ 10,369,142 * $ 10,506,387 $ (147,245)6\le.C Prepared by Finance Department 1116196 V ?? 8 S S$ ° t g S S S e? Q o ° +s W «-F O N -w 0 t Li co C N [? O M N u] o N O 0 r N 00 00 N t- M m 4 m IV r-I -4-. 44 43 44 47 44 W 44 44 GFi Co 44 to 44 44 Ci4 44 44 Q1 r N co O S O O $ p C? O O O 0 O ti ? O O p ti O N G 4 O 1 f? O $ N w tom- t- V N N N C w co N P-1 9-4 M qr S .4 6 ?..i H ? 44 44, 44 iii W W CA 41 44 44 W . 14. 1 44 I AI 44 i-? as CA NN O CD CD -a' 0 LO .•+ ••? CT1 ^-? ••r . r 00 t. Go N N 0 D CD O 1es CD ' tD e + ' t + ca 0 0 CA to ' a p . 44 49 44 49. 44 49 44 44i 44 44 44 44 44 W 44 W N d' CD .? ?-+ M m it] N N ?+ O a a 5+. a a a N Q> O , C?7 M co m Co 44 44 44 (4 44 60i 44 44 44 44 CA 4i to 44 GA "'? CD O t- w 0 CD O 0 C 0 v to N co CD p Co N N N O N ' cei N CIO CD CD t- er C+6 ii) 4 L C+6 N co M ii' M to Q V4 44 Go 44 iii 44 44 44 4? 49- 49 W 44 44 44 W 43) r Ifs N CD m 0 ,--Z co co O co -V' V• qr v O t- X7 C* in 00 O L,- 0 N co N O N N V O O LD C ' CD t 1f4 Co er Co Vr IA lv "t Ili LC CA O LL9 .? 0 O co Cq CD M a-+ 1- O CD "4 06 N M Ut Lr) tr C14 ~ m C4 to N CO O N 4 V- in N ? ? 00 ?r t7 W 49- 44 'A l 1 w] 4i 44 . 44 4? Vi io iA 4i w 44 CA 44 X3 $ g uS u0 N t" w-4 .-+ 6fi ca 44 CR .-+ M 00 e}? O O p 0 0 0 ?+ O M M O N [ ?T G? to C O O r C+? V LCS L- ?{ Q CD a a N ' C4 w La t- LO 0 LO N •-+ N m •y ' -? 4. 4? 44 N4 Gq m 44 H4 4o- 44 W 44, CA W 44 ca 44 ? m m ? .. 10 CD m '3 CD a as r~ m ?+ '? C4 m Cj y cD G rd (D .? a V ci m d °° w CM4 Q E G ca OV S. vi r: E '? o ?' o m sa > o ?. ? ?, ++ +? co 40 04 MI Pq m t- CD V LO O to CA CD CVt0ncq W." 6H 6f- hD qz ?Q A rTQ' A iJ U 114 W o ?a U ? H H F a -d CD ? c CD CAD be 4 , t i . T , ?y v ?o as Q ti V" co G:1 ? m 442 o •.? U z Ile O O O Q O O C u7 117 o I+ -c o 04 CV o N ? O O O O o Oo,OV•Q cioL6 C+Oco Mco Q ko -4 IV cc Q ca a? +?3 a o W pa . 8 0 w ?' a e W A ° m m a? c > `" ' •.? era z 3 3 > a o q 0 r. m a? ,? pp C?VVaa? a? aO°o,°o,o°o o°OO, CD C410uj rc`"ot- 0000c aoo° Q v CD G4 Cr0 -+ Q Q w C$ r-a O a 0 0 0 O O O O O Q O O QOOOO ooooooov cfluncoeaco.-?oo-4. 06 0;oi66 m wmCD P-4 a0w -+mm C> tt- m c j O O-? V a a a Gil t? W H O m ? CA cn o O o O c a c a a a o? o Q 0 c Q g O O o mQC6C-i u;?4 caai-,i 06a; ci m Cpl 0-4 t-1 -4 t- GV .-r ,_•, Q GQ ,•y m C5? ?" Sr" NMCCOG 04'Ir-0 ' cacitti o 44 a O Q O C? o cv ? ca co 00 11 tw ?, o ? 8 o a 0 c? rz ;a c3 > m a? o b 3 :? ? , a: an w ,n •? Sd ? aV?a?Aw??Hr?AO l City of Clearwater 4" Allocation of H r or i n r i (includes Genera! Conditions and Contractor Fees) As of November 7, 1996 Actual Costs & Costs to Complete Construction as Allocated Budgat Budget by Rowe Architems U1du r1(0 vc) Phase I & IA $ 3,542,605 S 3,423,048 S 119,567 Phasell rncludea5leinMarl&HarborVewreimburmments, $ 5,726,503 S 5,866,651 $ (140,148) e=ludes RAW Plus constructfan loan) :om fission Approved Items -June 1996 (includes Construction egrtion of $730,900 approved in June and $51,600 of preuiously approved funds per Agenda Item) Banquet Kitchen $ 308,769 5 341,166 $ (32,397) Kitchen Equipment (Weis Row is not Including $62,670 166,426 181,512 (15,086) ClOron the Bluff egmt costs in Kitchen Eqmt, but as 'Other' below) Clearwater Room (includes Clearuuier Room upgrades) 373,860 297,065 76,795 Pickles Plus Deli Infrastructure 152,100 163,300 (11, 200) Lower Level Catering Area 25,029 32,636 (7,607) Rehab upper level men's restroom 2,770 2,500 270 Improve fire stair hardware: 2,500 2,300 200 - 55,000 65,000 Marquee-sign- . - ....?,_,. Totals per Stowe Architects' Cost Projections as of 11-07-86 $ 1,086,454 S 552,801 $ 10,975 Additional costs not allocated to above categories by Rowe Architget5; Atrium telephone backboards Graphics Draperies for Clearwater Room Miscellaneous project expenditures (utilities, landscaping, Clio on the Bluff kitchen egmi, etc) Additional Contingency per Biltmore as of 11.07-95 Additional Contingency per Rowe as of 10-29-96 Excess Architectural budget available for construction costs per Rowe Architects Less excess Architectural Fees per PSS#3 to fund Feasibility Study costs per Rowe Add_ itignal costs Per City staff Simplex invoice held by Rowe (control panel change) Paint cost overrun on Clearwater Room Totals $ 2,684 (2,684) 2,218 (2,218) 7,539 (7,539) 140,492 (140,49i)- 12,000 (12, 000) 14,355 (14,355) 9,000 9,000 (5,420) (5,420) 437 (437) 630 (630) $ 10,359,142 $ -10,646,433 $ 086,291) Prepared by Finance Department 1117!96 q a 0 M ? S S 8 S , , j ° C ?+ v? a Q? G7 Q CV M H O `d g w g a o c? c? m g 'a3 a g$?g g c•? $ ? $ c+? crs m ? W ? ? p p Q S O ? p O C7 cli tQ p .- N M 000 y « , co CC M 000 O C .a a7 0 Wr' M 9 3 co ?? a R as ., m m a ?a QC r-d C O V V a a a a o ai 4.3 a W ? a a? c .M a ? ? V 6V y C W G3 r7 3 d1 QV •? c F? W a a a e44wi 4te MEMORANDUM copies ?'o. NOV 0 5 1996 TO: Mayor and City Commissioners %CRERK ; A') aR(,I1' FROM: Betty Deptula, City Manager ti COPIES: Kathy Rice, Deputy City Manager Pam Al n, City Attorney Cyndie Goudeau, City Clerk SUBJECT: Agenda Item CM #2 (funding of other non-construction expenditures) u : Agenda Item CM #3 (to increase the Guaranteed Maximum price) DATE: November S, 1996 At the request of Dean Rowe, we are pulling the subject agenda items relating to the Municipal Servkm Complex ftom Thursday's Commission meeting. Mr. Rowe's memo is attached. Attachment NO.872 P.1i3 Date COPT" No. of Masi; Descriptlon 116/96 5 1 1 CreatNe Beersietter 1 16196 7 1 Rowe AmMeds Letter Comments; For your Inform Hom Copy; John Willlams ALA Joy Fortune Non Bomdain saw ftolatb^? Na AAo t?2 - 9721 Qr.aANM rw 4mr nrkm. $LAO 164 NOV. 5.19SG 3:21PM ROWE ARCHITECTS RCME ARCS nE= N COI!P OR AZE0 Transmt##al Date; Tuesd0y,N0Vember6,199+6 To: Err Bolyd Acting Assts C& M Manager my of C*xwater P.O. Boat 4748 . ??t p ?J,e ?? Cimw W.R. S4 I"7Q8 /y??/y• H. Dom Rowe, FAIA . SubAct: CloomcterM S9r Aw Oentor Via: Fox Endosures; N OV. S. 1596 3 a 21PM RCI%E FRCHITECTS NO.872 P.2/3 RC)IIIIE ARCHITECTS I H C b R t 0 a A 1 E D Moms A. HaftYnK AIA H. Dace Rowe. FAIR Rk* Rov^ ALA Larry WWK AIA November 5, 1996 f?Nf V1? ?? Acting AWard Cffy Manager City of Cleawoter P. O, Box 4748 Ctearwater, ftklo 94618-4748 PrcOct: Clearwater MurWpd Service Center S iboot: Change Order #3 Silt tt b my recommendation that you pul Change Order #3 from ' Thursdays commiWon meeting as it needs to be mvisrad to reflect addMm* cost which we are prosently tvbutating. the Gerterd C4ntrctctor omurm me there Is no problem with a two walk delay, ft General Contractor at o has [sued a NoVambw 30, 1996 Mal Certifiaation of Occupwoy dote for the Municipal 5eMoe BuIldhg, (die the attochsQ. . • ' Sincerely, aft. H, Qns. AIA HDft LX31 J Vol /? !??/}?{lor iQ, AA, Alan Bornstein E '? ? ?' F+o+Laa r?ooLnratson Na,AACD07179 !00 w0aio 11flial sit$ 200 '0?'?Pii 1't,7r i?o JA60A> U - . Aow?:ArcrB?elr kN . • inf t<I? 95 Al+? KV. 5.15°6 3:21FM r%CkE ARCHITECTS M. E72 F.3/3 CREATIVE F?2BEERS A JaW Venture of Creative Catttractors, Inc. and Burs ConsWO&M Company Novcrnber 5, 1996 DM ROM Rawe Arcbheots, Ito. 100 Madison Street, Suite 200 . Tamp, FL 33602 RE: Claarwaa munw1w Complex Claeztsar, Florida Dear Da= Con&ming ow convarw*ow ooncarning the compledon afthe City Office BuRdiin& Creadve'Seera s Make a ftd review of all punch Lwto tmuso aS h=s are "clr=W. • Qbtnin final "sign of &" from the BuUd*mg Inspection Department. Be assured we wWcipate, nod are committed to compleMg thane tasks and prosertiag the Owner with 4 CeaWcm of 0=*% wy uo Wa thm Nov mber 30, 1996, s Sincerely . R day Fattute ` Senior Pwj=MWARts wFJvr cc: File 3 $0413 20 Gary Richter-Cremweaeen ?on]]arNn Center Ova, Suite 118 sa row St. Yampa, FL 33834 Clearwaty, R 34815 Phone: (8'S31 BW4606 • ca+r: "A."" .. ^>. . i { SUBJECT: Funding for Municipal Services Complex RECOMMENDATION/MOTION: Approve the transfer of $229,200 from the General Fund to the Municipal Services Complex project (project 94602) for funding of other non-construction expenditures as listed on Attachment A; approve the transfer of $229,200 in interest earnings on bond proceeds from the Improvement Revenue Bonds Construction Fund to the Improvement Revenue Bonds Debt Service Fund for the payment of principal and interest on the bonds, previously budgeted to be funded from.General Fund revenues. 0 and that the appropriate officials be authorized to execute same. BACKGROUND: • The Improvement Revenue Bonds, Series 1995, were issued in an amount of $10,720,000, equal to the expected cost of the Police portion of the Municipal Services Complex less the costs of issuance. a From the time of the issuance of the bonds in February, 1995 through September 30, 1996, the unspent bond proceeds have earned interest of $607,054.74 which has been deposited in the Bond Construction Fund. • Principal and interest payments on the Improvement Revenue Bonds are approximately $750,000 per year. s The interest earnings on the bond proceeds are legally restricted to be used only for construction costs on the Police portion of the complex or to pay principal and/or interest on the bonds. a The non-construction expenditures on the attachment relate to the project as a whole, therefore, only a portion of these costs could be paid out of the interest earnings on the bonds. Reviewed try: Originating Dept: costs: % 229.200 Commission Action: Legal City Manager C] Approved Budget N?- Purchasing Yatnl 0 Approved w/conditions _ Risk Homt. R/A S 229.200 O Denied CIS 11 A? User Dept: Current Fiscal Yr. p Continued to: ACII other FIN ?......__. Funding Source: d C i l I ap mp. ta , Advertised: 0 Operating Attachmxmota: Date: raper: Q other Attachment A ® Not Required samitted Affected Parties 13 Notified Appropriation Code: 0 None ® Not Required 315-94602 r City na r I tea A Clearwater City Commission Meeting Date: M Agenda Cover Memorandum 15 ?J 17176 MSC funding agenda item 11/07/96 i Transferring $229,200 of interest earnings to the Debt service Fund to pay interest and principal on the bonds will allow for a $229,200 reduction in transfers of General Fund money to the Debt Service Fund. • A first quarter budget amendment will be made to reduce General Fund debt service transfers by $229,200 and increase transfers to the Capital Improvement Program (project 94602) by $229,200. • The Design Construction Team (DCT) originally planned to incorporate the items on Attachment A in the project budget. However, since Change Order 13 was submitted (Sea accompanying Agenda Item), it became necessary to fund the $229,200 of other non-construction expenditures from another source. This agenda item increases the total project budget by $229,200. Attachment A City of Clearwater Municipal Services Complex Construction Project Other Expenditures Summary Agtual Costs h ugh October, 16, 1296 plus Projected P rztj 1 Payment DRU ,daunt Employee parking lot rentals through September 1996 Utility billings through August 1996 On-Bite network engineering - Bay Resources Consulting for Community Outreach - Edward Foglia Access rights, permits, etc. for utilities access under railroad - CSX, Tpn. Reproduction charges to project Provide laser measure, conversion of data to DSX format - Measure Masters Site studies, 02194, annex site versus current site - Donnell consulting Site study, 02194, Baptist church Bits - Donnell consulting Advertising - Tampa Tribune Advertising - Times Publications Tew Zinober - Professional services - closing First American - Title reports, search fee Clerk Clw - WIH legal judgmt I close fee Ctr for Applied Engineering - appraisal fees SW Florida Water - Permit Structural analysis - 711 Maple Street - McCarthy & Associates (Engineering) Total Actual Expenditures through October 15, 1996 12194 thru 09/96 $ 43,466.00 08195 thru 09196 52,064.37 05195 thru 09195 17,400.00 11195 thru 06196 3,750.00 10195 thru 06196 1,149.39 04195 thru 09196 2,707.04 07195 thru 12195 1,550.39 May-94 10,331.25 May-94 2,976.00 Jul-94 230.41 Jul-94 519.16 sip-94 3,210.00 Sep-94 100.00 Sep-94 15.00 Feb-95 890.00 Mar-95 400.00 May-95 4900.00 Projected additional parking lot rentals Oct. 1998 thru Jan.1997 0 $4,0981 month Projected additional parking lot rentals Feb. 1997 thru Dec-1997 ® $2,8281 month Projected additional utilities September 1996 thru November 1996 ® $4,000 l month Projected additional utilities December 1996 thru December 1997 ® $2,0001 month Rounding - Contingency Total Actual & Projected "Other Expenditures" 143,615&01 16,392.00 31,108.00 12,000.00 26,000.00 41.99 $ 229,200.00 Prepared by Finance Department 10128/96 ILL Clearwater City Commission ( `Agenda Cover Memorandum Item A Meeting Cate: _ II.r.ef(,c SUBJECT: Increase in the Guaranteed Maximum Price of Clearwater Municipal Services Complex project. RECOMMENDATION/MOTION: Authorize City staff to approve Change order 13 for the Clearwater Municipal Services Complex to increase the Guaranteed Maximum Price by $518,692 from $16,087,295 to $16,605,987. B and that the appropriate officials be authorized to execute same. BACKGROUND: s At Rowe Architect's recommendation, add to the Guaranteed Maximum Price (GMP) a total sum of $518,692. Rowe Architect's proposed C.O. 13 represents a reallocation of uncommitted budget funds from other categories to the construction category, with the exception of $10,000 in improvements to be funded from the Emergency Operations Center (EOC) project as described below. • The $10,000 in improvements to be funded from the EOC project reflect enhancements and equipment for the Eoc which were paid for from construction funds, to.be reimbursed from the EOC project. These expenditures include movable acoustical wall panels, accordion doors, kitchen appliances, and electrical and plumbing for the EOC kitchen. * The additional scope items, as identified by Rowe Architects, totalling $1,096,435 have been partially absorbed by the contingency within the GMP and savings in sales tax. However, other budgeted line items will need to be reduced in order to fund this change order and to avoid appropriation of other funds. This change order does include a contingency of $51,783 to allow for any variations from the estimated construction change directives not finalized at this time. Reviewed by: Originating Dept: Costs: $ 5 1 8 , 6 9 2 _ Commission Action: Legs( City Manager Total 0 Approved Budget k in P h $ 518,692 0 Approved w/conditions g urc as Risk Meat. NIA User Dept: Current Fiscal Yr. 0 Denied cis g 0 continued to: ACH Funding Source: Other FIN 0 CapitaL Imp. Advertised: 0 Operating Attachments: Date; 0 other Budget status Paper: Change order #3 0 Not Re uired S:/nitted ?^'? q Affected Parties 0 Notified ?rapri lon code: 315/NX941602 0 Yong Cit snag r t] Not Required 315-91220 i r A - 2 - MSC GMP agenda item 11/07/96 • City staff was notified on.August 6, 1996 by members of the Design/ Construction Team (DCT) that it appeared that the GMP of $16,087,295 had been exceeded due to City staff orally authorizing change orders. Subsequent meetings were held between the DCT and City management staff on August 30, September 17 and October 21. • The assurance given to the City is that Rowe Architects and Creative/Beers stated "We believe that the project budget (after C.O. 13) is healthy and that there are no known factors, at this time, that would necessitate further need of city funds. We will do everything in our power to keep it that way." • The City is dependent upon Rowe Architects, Inc., as project manager, for their accounting of project costs already incurred (last pay application was through April 30, 1996) and projected costs to complete the project. • Based upon the assurances given by Rowe Architects, Inc. and Creative/ Beers, at this time there appears to.be adequate funds available in projects 315-91220 (EOC project) and 315/355--94602 (Municipal Services Complex) to provide for this Change Order. This is contingent upon the approval of the $229,200 agenda item transferring interest on the bond proceeds to the Debt Service Fund and reallocating General. Fund money from the Debt Service Fund to the Municipal Services Complex project. b A ? U a b m w n g W nS $?? h w.. wl f ? rl ? M V p /? 6t HUM t- .r v v ,. M ? N V i. w •+ H rl f W ? °'r M rr ? A?>?.? ? 1 a i I F E ? E s ? I?fk 1`[F l ? I I i I I C ? ? ?s . .CHANGE ' ' [OWNER •+ ORDER CONTRACTOR Cl FIELD ? AIA DOCUMENT G701 OTHFR ? PROJECT: Clearwater Municipal Services Center CHANGE ORDER NUMBER: Three (3) (name, address) DATE: October 1, 1996 TO CONTRACTOR: ARCHITECT'S PROJECT NO: 2846.13 (name, address) Creative/Beers, a joint venture August 15, 1994 104 South Myrtle Avenue CONTRACT DATE: Clearwater, Florida 34616 CONTRACT FOR: Construction The Contract is changed as follows: Add to the Guaranteed Maximum Price a total sum of Five Hundred Eighteen Thousand Six Hundred Ninety Two Dollars. The attached Owner Additional Scope items totaling $1,096,435.00 have been partially absorbed by the Contingency within the Guaranteed Maximum Price and savings in sales fax. However, the attached other budgeted tine items will be needed to fund this Change Order to avoid appropriation of other moneys. This Change Omar does include a contingency of $51,783 to allow for any variations from the estimated Construction Change Directives not finalized at this date. Any savings at the completion of all buildings within this contract will be returned in total to the City. Not valid until signed by the Owner, Architect and Contractor. The original (Caritrxct 5tm1) (Guaranteed Maximum Price) aas ........................ i 15,875,000.00 Net change by previously authorized Change Orders ............................... i $212,E5,00 . The (E+ar8tt.14.t sear) (Guaranieed Maximum Price) prior to this Change Order was .......... S $16,087,295.00 The (Contr2crftm) (Guaranteed Maximum Price) will be (increased) (deereased) (unehanged by this Change Order in the amount of ............................ S $518,692.00 The new (Cantraerlmm) (Guaranteed Maximum Price) including this Change Order will be .. f $16,605,987.00 The Contract Time will be( (undungrd) by none (0 } drys. The date of Substantial Completion as of the date of this Change Order therefore is NOTE: This summary drxs nut reflect changes in the Contract Sum. Cantrict Time or Guartniccd Maximum Price which h2se been autht)rizcd hi• Construction Change Directive. Rowe Architects Incorporated ARCHITECT' 100 icon street, Suite 200 Addressamp o BY DATE October 1, 1996 City of Clearwater OWNER Post Office Box 4748 Ad rem Clearwater, Florida 34618 BY DATE I I CAUTION: You should sign an original AIA document which has ?t??hlss caution ?printed ?tn, red. An original asaures that changes will not be obscured as may occur wh ced. AIA DOCUMENT 07,01 a WANGE ORDER • 1987 EDITION • ALA's • 01987 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1113 NEW YORK AY13., N.W.. WASHINGTON, DC. 2(" OCT 0 419%701-,1987 WARNING: Unlicensed photocopying v10101e5 U.S. copyright I:wr and Is subject to legal E??R ms "8104, rrlK1CT0 r•r, Creative/Beers, a joint venture CONTRACTOR 100 South Myrtle Avenue S RCWE C / • ` M IN C O R P O R ATE D Clearwater Municipal Service Center Available Budget Funds for Application to Change Order Three A. Owner's Change Order Contingency 5305A40A0 B. Other Budget Line items 1. Testing/inspections Budgeted $200A00.00 Expended to date 5OA70.80 Balance Available 149,529.00 Work left to do should not exceed 49,529.00 Construction Testing at Garage and Sealant Testing for both MSB & PHB) Suggested Balance Available $100,000.00 2. Landscape Budget $100=00 . This budget was for both soft (plants) and hardscape (esplanade {paving) i i Transfer 50% for hardscape 550;000.00 .3. Moving Budget $150J000.00 Bids to move Into MSB and PHB totaled $89b15>00 ; Balance $60,385>00 ; Suggest transfer to construction budget $50=00 .• 4. Additional Funds available from $101M.00 Emergency Operation Center grant received by City Fire Marshal to pay for work added in EOC at his request ,- I 5. Transfer to Construction Funds from $3,55200 I ' Furniture budget for Hems provided under Construction contract which were originally to be provided under fumiture TOTAL AVAILABLE: FUNDS $518,592.00 { Poddo rio?h fion No. AACOO2172 , 100 IVladison 5troat Wto 240 Torrpa, Fbrlda 33602.4104 F=: 813-221.9154 813221.6771 , 4 1[t.11? V C /-Y Ki1nEUS I N C G R P D R A V E D October 1, 19,96 Clearwater Municipal Service Center Con*=tlon Budget Originally Prepared by Rowe Architects 8/30/96 and amended with updated Input from Creatlve/Beers 9/16/96 GMP Contract Including CO #1 & #2 S16A87295.00 Owner's Change Order Contingency 305,040.00 Transfer from Other Budgets 200J000.00 EOC Grant 10,000100 Transfer of Fumiture Contingency 3=.00 Total Available Construction Funds $16,6015,987.00 Construction Costs General Conditions and Fee Costs $1,503,585.00 Phase 1 2201,680.00 Tax Savings (41,685.00) Phase 2 1 ,625,860.00 Tax Savings (44,731.00) Phase 3 4,091 A27.00 Tax Savings (9855-36.00) Phase 4 114236.00 , Tax Savings (5,000.00) Phase 5 179,000.00 Tax Savings (5,669.00) Phase 6 1,658,166.00 Tax Savings (41239.00) Phase 7 l ,045,614.00 Tax Savings (30,045.00) Phase 8 85=.00 Tcx Savings N/A Phase 9 2,644,917.00 Projected Tax Savings (58,837.00) Projected VF (33,840.00) Contingency 37,964.00 Building Telecom Network (C.O. #1) 648,194.00 CCD Amount Approved 970A89.00 Additlonal Estimated CCD Amount 56,092.00 Additional GC Scope, General Conditions and Fee 50,912.00 ,Total Constpiction"Costs ggmaining,. Funds $16,554204.00 51.783.0Q H. Dean Rowe, FAIA F!oMa Re 1mtbn No. AAMM172 100 Mad= Street Suite 200 Tampa. FWW 336 4704 Faa 613.721.9154 613221.6771 RQWl" ARCHI TEGTS, INC, Clearwater City Services Center Additional Scope Items Added After Establishing GMP (Note: GMP value engineering session deleted some program Items which were subsequently added back In at the management's direction) Itenj Location Wescrlption I Conveyance I Subtotal I Cost I i Site Add condults between and within buildings PHB&MSB for fiber optic distribution system. • Increase quantity of under slab conduits • COD 22 $12,754 • Building distribution system • Phi - P.R. 17 $10,000 • Building distribution system • Ph3 - P.R. 17 $10,000 • Underground conduits & manholes at streel • Ph3 - P.R. 17 $54,000 $86,754 2 Site Add exterior building for generator and fire MSB pump, Also Included Is the structure for Utility Drive through. Fire pump and generator initially specified with waterproof enclosures only. • Add building • COD 68 $14,846 • Add rooting at building • COD 135 $1,809 • Add Steel drive through canopy • COD 35 $14,623 • Add Metal Decking at Drive Through • COD 111.1. $2,387 • Increase site work • COD 129 (112) $3,308 • Increase MEP $30,000 • Increase to electric system $2,000 $68,973 ' 3 1 st floor Add reception desk to Lobby C112 which MSB was not included as a need in the original program or GMP. • Add millwork desk • MillRlte VE cost $7,248 • Add under slab electricaf and communication $2,000 • Add Lights $1,000 $10,248 1 01319 6 Page i to Location uescription Conveyance I Subtotal I Cost I 4 1st floor Add ATM banking machine to Lobby C112 IV% not Included In Program or GMP. • Add under stab electrical & communication • COD 22 5 1st floor Add electrical power and UPS connection for MSB Payroll Computer in Computer Room CE310. Late addition to the building. • Add electric connection • CCD 79 .6 1st floor Add electrical connection to PBX UPS. LW Electrical connection provided within GMP was Inadequate because information regarding size was not available at bid. • Add electric connection • Phi - P.R. 26 • Add Receptacle for the PBX Rectifier UPS • CCD 55 • Change conduit size btw the PBX rectifier. • CCD 105 • PBX and UPS room revisions • COP 91 '7 lrst Floor Add Security System MSB • Add panic buttons and auxiliary locks to . CCD 83 Utilities Department • Add Interior lobby camera and cabling - CCD 84 • Add Closed Circuit Television System to . CCD 85 Utilities 8 All floors Miscellaneous Owner Scope Increases at the ARSE MSB. • Relocate receptacles/ revise circuits to . CCD 63 accommodate copier position changes • Relocate outlets to accommodate owner . CCD 72 requirements • Ice maker drain and CW connection • COP 95 10/3/96 Page 2 $250 $4,000 $2,000 $800 $182 ($445) $1,820 $2,935 $3,709 $1,169 $3,000 $1,500 $250 $4,000 4 $2,537 $8,464 $5,669 -r40WE•ARCHn1E075, NC. 11to L=ation Description Conveyance Subtotal Cost 9 3rd Floor Add two shower rooms. . MSe • Shower floor slab demo/ rework. • Add*&nal gypsum board walls. • Tlle flnish on walls and floors. • Gypsum board ceiling. • Shower fixtures. • Add two doors and hardware • COD 132 • Phase 6. • Phase 7 • Phase 6 • Phase 3 • Phase 6 $290 $1,600 $1,600 $60 $300 $640 $4,490 10 3rd floor Add Traffic Control Computer Department. MM Was Intended to move from Annex to another city owned building. • Drop steel structure if for computer floor • COD 9 • Delete Electrical circuits and receptacles. • COD 102 • Provide additional HVAC • Provide additional electrical • UPS distribution through building • Add preaction fire protection system • Phi - P.R. 42 $6,744 ($576) $2,000 $15,000 $15,000 $50,000 $88,168 7 I 3rd floor Additional Work Scope at the television M6t3 studio over and above program and GMP. • Add computer floor • Add special light controller • Provide additional HVAC • Provide sound proof doors • Provide additional electrical • Add conduit for fiber optic connection • Add conduit for satellite dish on roof • $151sq. ft. (GMP) $9,720 $10,000 $4,000 $2,000 $2,000 $1,500 $1,500 $30,720 10/3!96 Page 3 .. . ROWE ARCHITEL`'t'8, NO, to Location Descrlptlon Conveyance Subtotal cost 12 Penthouse Add antenna masts for wavelane for Parks MM and recreation Department. Not Included In original program or aMP. Add antenna masts • CCD 136 $6,708 • Add antenna pipe mounts • CCD 42 $1,633 • Blocking and Masts for Antenna • CCD 67 $2,075 Add through wall and floor conduit $700 13 Penthouse Add antenna masts for satellite, weather PHB station and radio. Not Included In orginal program or GMP. • Add antenna masts ;. •.Add antenna pipe mounts • Blocking, and Masts for Antenna • Add through wail and floor conduit 14 Site Add CMU wall on west property line to Phis . visually sheild from child care center. Late addition due to Police and Assistant City Manager ooncems. ' ` • Add CMU retaining screen wall • COP 35.1 • Delete paint on property line side of wall COP 202 • Remove tree CCD 27 $11,116 • CCD 136 (Included In Item above) • CCD 42 (included In Item above) • CCD 67 (included in Item above) $1,700 $1,700 $24,519 ($326) $252 $24,445 FONE ARCHITECTS SIC. 116? Location Description Conveyance Subtotal Cost i S list floor Add generator addition to south end of PHS building. Generator Inltfally specified with waterproof enclosure' plus generator size Increased and the additlon of redundant generator was Initiated. • Add building • CCD 87 $32,743 • Increase site work • CCD 129 (1/2) $3,308 • Increase to electric system $2,000 • Increase capacity of generator $60,000 • Revised Delsel Fuel Tank Location • COP 104 $1,300 16 1 st floor Add postal mailboxes and extensive wall PHB changes to accomodate same. Program initially only Included Mail Room. • Add postal mailboxes • C/B Number $13,381 • Add mailbox room. • Phase 7 - Add. 1, $3,000 17 1st floor Add bullet resistant glazing and window PHB frame to Lobby counter. Original program Included only Lexan glazing in lieu of final Bullet, Proof glazing., Add. (.4a magnum) bullet resistant glazing and window frame • Additional materials required @ PHB Lobby • CCD 43 Counter • Credit to use Creative Ind, Deal Trays • COP 210 $7,452 i 1 $99,311 $16,381 (included In item below) ' $7,589 ($137) _ n. s •. +.-/nweMY•t,nw r.. ter. ... w.. .1 a .. .. .. ). i . . RO!WE ARCHITEM, NO. fprr? Location Description 10 i st floor Increase quality of holding call area and PIS hardware over and above what was programmed. This was at the recommendation of the Public Safoty Consultant. • aMP Dollars for Holding Cells • Security frames and glazing (Cells/Lobby) • Increase quality, of security hardware • Revise Beams at Sliding Door' Locations • YE Change to PHB Holding Cell Footings Conveyance I Subtotal • GMP Break down ($35,000) • C/B estimate $95,000 • COD $55,000 • CCD '38 $4,582 • CCD 41 ($2,781) • Power to Holding Cells •CCD 82 $3,000 . ' • Add power to electric lock transformer • CCD 86 $4,000 • Coordinate Detention/Security Hardware • CCD 115 $3,670 ' • Finalize Security Access System • CCD 116 $8,189 • Change door frames due sec hdw change • COP 209 $400 • Upgrade caulking to epoxy at Holding Cell • COD 147 $715 19 1rst floor Add Holding Cell desks as constructed Items PHB in lieu of fumiture. • Add Holding.Cell desks ':. 1013/96 Page 6 • CCD 113 $3,154 Cost $136,775 $3,154 1. 1 } r'?i.M?s ???`?.. ». .. ... .. .... __...__...a r...w ..t? °}?.. ..... w,-ay. j?r.4 is 3.^i? ..?.... ... .. .. ... n-.... ..i'.. f. 1?: ? 7f4'r" .. ROWE ARCHITECTS, NO, Ited Locatlon j Descri ptlon Conveyance i Subtotal Cost 2 0 2nd floor Increase capacity of PBX machine. GMP PHO documents and Program called for one PBX for both bultdings located In the MSB. Telecommunlcations system selected by city called for completely redundant PBX system In PHB In addition to that included In the MSB. • Provide additional Conduit to PBX machine • COD 1o9 • Provide additional room for PBX machine • COD 119 • Rework door • Add Soundstrip to door EG204 • COD 137 • Add VAV boxes and other work • COD 143 • Add Communications backboard to EG204A • COP 155 • Add communication conduit • Ph3 - P.R. 42 • Add electrical power to PBX machine • Ph3 - P.R.' 42 • Rework HVAC system • Ph3 - P.R. 42 21 2nd floor Add room and electrical power connection to PHB UPS PBX machine. UPS for PBX was not programmed as PBX was not programmed. $33,061 • Add room for UPS • Ph3 - P.R. 42 • Add electrical power and conduit. • Replace outlets with twist locks • COD 58 • Provide supply air to room EG209A • COD 140 22 2nd floor Add power to dictaphone (was not included PHB In program) in communication center. Add electrical power and conduit. 23 2nd floor . Add acoustical panels to EOG finishes PHB package and EOC Kitchen fixtures. • Add acoustical panels • Add kitchen fixtures • Pay App 5-1-96 • Pay App 5-1-96 $3,730 $2,184 $900 $263 $i 0,843 $141 $7,000 $5,000 $3,000 $2,000 $2,000 $2,000 $351 $2,000 $6,243 $2,500 $6,351 $2,000 $8,743 1'0!3!96 Page 7 l - •ROWEARi?HITE4TS, NO. to Location Description Conveyance Subtotal Cost 24 2nd floor Drop the structure at the Communications PHB Center. Drop structure 8" for computer floor. • CCD 8 $3,604 $3,604 25 All floors Mlscelianeous Owner Scope Increases at the PHB PHB. • Change Vacuum system for noise reduction- CCD 44 • Relocate Electric Lockset at third floor. • CCD 92 • Relocate Comm and Elec outlets • CCD 106 • Drywall work associated with CCD 106 • COP 128 • Add boxes & Telephone cables In 5 location - CCD 118 2 6 All floors Add Security Access System. PHB • Add Security Access System. • Phase 8 • Add electric locksets to doors. • Phase 6 • Add power to electric lock transformer • CCD 50 27 All floors Add Closed Circuit Television System. PHB • CCTV System. • Add power to CCTV system monitors 28 Windows Add window blinds. Deleted from GMP at WSB&PHB value engineering session Add window blinds. $322 $1,018 $347 $300 $468 $62,000 $164,000 $26,831 • Phase 8 $27,000 • CCD 95 $668 • Pay App 5-1-96 $17,767 $2,455 $252,831 $27,668 $17,767 -f 6WE ARC1IIT1_V . V, MSC. I tip LocaUon Description Conveyance Subtotal 29 Root Add building lightning protection system. MSB&PHB Deleted from GMP at value engineering session. • Add ground for lightning system • COD 3 $450 • Add building lightning protection system. • Pay App 5.1-96 $40,160 .',. 3 0 All floors Miscellaneous Owner Scope Increases at both MSB&PH8 buildings. • Additional Electrical requirements at Systems Furniture an individual offices. • Add Ball Valve and Drain Pipe to Fire • CCD 145 Pumps, at both buildings. y?; _ • Interior glazing changes as per Phase 6 bid COP 45.1 documents. Delete gas regulating and Isolation valves. ?i; ,; , . (City Gas Co. Is providing these) • COP 126 .SP Total Scope Increase .fY 1 0/3/96 Page 9 ,F 1 , $87,854 $419 $3, 535 ($1,070) Cost $40,610 $90,738 $1,096,435 ?,rtD,.YiI}yapw+t'?'"+""•.» -i _ _? _____.--.?... .. ,.. ... .. .., ..,..e, +? . ti.-.-. f3 f •.:?i...f. ,. y. a... .. , ?. _ ....... .?. ,.... w...,_ ;A.. .ri': 1'. I C X ?L- , AP_ROINT_MENT-WORKSMEET FOR COMMISSION MEETING t9gyambar 7,19961 APPOINTMENTS 'Agenda # BOARD: Library Board MEMBERS: 11 TERM: 4 years CHAIRPERSON: Tony Bacon APPOINTED BY: City Commission MEETING DATES: 3rd Fri., 9:00 a.m. FINANCIAL DISCLOSURE: Not Required PLACE: Library Conference Room RESIDENCY REQUIREMENT: City of Clearwater APPTS. NEEDED: 1 SPECIAL QUALIFICATIONS: None DATE APPTS TO BE MADE: 1117196 THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. Date of Original Attendance Interest in Nam Appointment Record rem, ppointment 1. Pamela LeClair ended term 10/31/96 - did not seek reappointment person appointed will begin immediately and have term to 10/31/2000 THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: Name-Address Q•omment•5:Related E pprience.Etc. 1. Howard Adler Retired Attorney 3021 Countryside Blvd., #A-45, 34621 2. Lois Martin Past member Planning & zoning Board 1771 Harbor Dr., 34615 3. David Stitt Orthopaedic Technician 1147 Sunset Point Rd., 34615 Zipcodes of current members on board: 2 at 34615 1 at 34616 4 at 34621 1 at 34624 2 at 34625 1 vacant ¦ CITY OF CLEARWATER Application for Advisory Boards (must be Clearwater resident) //Mw/q Kl? J. OCT 17 1996 Name R-FICEIVED Home Address: Office Address: 3? :•?C o c/?yJr? ?? . ZIP: Telephone (S(3 ) 7% Telephone How Long a mat of the City of Clearwater? s' Occupation Z1=4, ? - _ Employer Field of Education: Other Work Experience: If retired, former occupation -_eqjT 2AN65?4 _ Community Activites: KbMyneze ?j ?f ,[?11 /P. ICJ v?!k?i'llr3- ?E{J Ic' f f 1r- 14,(A1 r Other Interests: Board Service (current and past) Board Preference: Additional Comments: Signed: Date: XA c/ f?0 Please see attached list for Boards that require Financial Disclosure at the time of appointment. PLEASE RETURN THIS, FORM TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 34618 Rj< Dc?T, RECEIIVD CITY OF CLEARWATER Application for Advisory Boards MAR 0 4 1996 (must be Clearwater fgsidgntl CITY CLERK DEPT. Name Home Address: Office Address: Agin 9'k1S1fW z I P: ZIP: Telephone ?'???L_. Telephone MA-)441- How - Long?a residen of the City of Clearwater? Occupation Gld?l,? __ Employer Field of Education: Other Work Experience: -he If retired, former occupation Board Preference: Q[ Ile 7q9 Signed: see- ?'ec vci?e- j r /? ? ? ?ate' I?f ? r I ? Please see attached list for Boards that require Financial Disclosure. PLEASE RETURN THIS FORM TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 34618 Uh?l I Board Service (current and past) May 6 '96 9100 Ors Kornrelchr'Saolensky FAX 61373f I!-.5 r• 1 ,.,.CEZV E D R .= CI7Y OF CLEARWATER +? ' l / MAY s 1996 ' . Applioation for Advisory Boards ••,. ' (must be Clearwater rattlaigi) A CITY CLERK DEPT. r7 5 fca AddraI Off ?Jrh 1 G- • ? ? 1 ?v,,??°o i? t fit.. Ile 3? Y b Tg phomi r7 Tviephcnv V 4Y P 1 How Long a rmWtw U of the City of Cicarwatar7 .t.e A t10rt ??fic `7cch Employer lydg-r F Flshf of Rducat] an:: 01ctaO Othar Work l±xperience: -Fir ??• ?? _ ?''? ? • ???"? ^ ? T+!'/'C ??' r""'T - -- - - r+gti W, former occuP4Qn iii •'i•..a?. ??•??.•_+.+.+r+?q.rrw?r???? l V", Coilmunity Actlvltev: D?..r?•r.a?•-,? Ieb sed &6,&t6, 61na 42 - , r? 4f??f:.'.3;,, ' E?Lft+4 RiJlf St?? + ??R.?.•i+ '? ?? ? T f SS' ?,{ ?'A."'"? ? !. r Other Inuran ; ' Board Servlco (current and past) Board Preference: r? F3 yJ ss . Odd FE !? '•T•Additlone! Co mernt* 1 $A, Q.4-4- [h", i , i Date., Li8 qt /M C E71S =;s v :^ P1Qase see attached list for Boards that roquire Financial Disclosure at tho time of appolmmant, PLEASE RETURN THIS FORM TO; City Clark's Departmant P.O. Box 4748 C feerwator, Fl, 346Ia- 3% •ir i.3 Y paet•W Fax Nola 7671 °r1e ?",?.? lb FFOf11 1 r ?0 ?Ir r??s M-11 )A I " ??- Grp `x"71 _GYf .X/ YAax-6 ,9 Fue ?.36--grit 9A= 0 OntsMM4 1.?0 A Z4 . rya ...;: to C. 14EL.GES PGPIND PAGE 01 -? .5 L CITY OF CLIfARWATiIiR t AppiloWon for Advisory Dowds 1 q imust be Clmwatw awAkntl f Rom Addr t ?wa!d 166 n d Offlor Address: L . 3 eny wa'+f'r G3D - Twkpph r1w - Y-!q 7- s6" Telephone Haw Long ¦ btu of dew City of C wwster? ? p Oaoup"on U2U& D>t UA Z cmp"r Field of Education., 1 Otherwarm Uperlencs: q,'qh 3ah.11 j r• h,?h Jeaaha r _-ltf,7lo?'y T?t_l??f Gl1 TTT !!w!Q ? rCG ?Q icd Q •f7? IrR7j1 s C;a[ f v r for p+ ? rc? riCd+en ra 5 Q friVa a 5Chml If retlred, former occupsstton _ N 1Q Community Aotlvitss: S Fi1n zip ls?gglL1 E& - -A &wd and. G s OP + I r r d- 3 y e4 l-6 Othsrlnterwstst Board Service (aurrenr and psstl Board Pnffrenae: t_-% b s-0, o arA is.. 1.14 Additiaud Commem". 41 A; Wl . IJ AwU Im d -b 4 ? v a. • )wc !Maass aw attached Va for Bawds that require Knanaial Disd44urs. PLEA SE RETURN TWS FORM TO., City Clark's Depa, bmit P.O. Box 4748 Cfssrwwrmr. FL 345111 .;I4(r. D1VED Nov 05 Im ?lTV CIERK DEPT. C ` K APPOiNTMENT WORKSHEET 55 FOR COMMISSION MEETING November 7, 1D96 APPOINTMENTS Agenda BOARD: Municipal Code Enforcement Board TERM: 3 years APPOINTED BY: City Commission FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: Whenever possible, this Board shall include an architect, engineer, businessperson, general contractor, sub-contract MEMBERS: 7 CHAIR: Stephen Swanberg MEETING DATES: 4th Wed., 3 p.m. except Nov. & Dec. to be 2nd Wed. APPTS. NEEDED: 1 DATE APPTS. TO BE MADE: 11/7/96 :or & a realtor THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. Date of Original Attendance Interest in Name Appointment Record reappointment 1. Arthur Walsh declined the appointment of 1013196 meeting on October 15, 1996 person appointed on 1117/96 will begin immediately and have term to 10/31/99 THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. David Campbell 2310 Minneola Rd., 34624 2. Sheila Cale 252 Dolphin Pt., 34630 3. Franke Huffman 1565 Elmwood St., 34615 4. Joyce Martin 19029 US19N, Bldg#410,34624 5. Lois Martin 1771 Harbor. Dr., 34615 6. David Stitt 1147 Sunset Point Rd., 34615 7. William Zinzow 2277 Minneola Rd., 34624 Zipcodes of current members: 3 at 34615 1 at 34616 1 at 34619 1 at 34624 1 to be this apptmt Retired computer systems analyst member C-view Task Force current member Beautification Committee would resign off that board if appointed to this Architect Past member Development Code Adjustment Board Retired Personnel Management Specialist Past member Planning & Zoning Board Orthopaedic Technician Past member this board i { t 4 MUNICIPAL CODE ENFORCEMENT BOARD Meeting Date: 4th Wed. except Nov. & Dec. - 2nd Wed. Place & Time: Commission Chambers - 3:00 p.m. Members: 7 Term: 3 years Staff Liaison: City Clerk Department Financial Disclosure: Required Purpose: Conduct hearings on the enforcement of city codes including fire, signs, building and zoning Special Qualifications: "whenever possible, this Board shall include an architect, a businessperson, an engineer, a general contractor, a sub-contractor and a reactor". Orig. Expir. Appt. Name/Address Phone Date 1990 Louise C. Riley - Vice-Chair H: 446-8776 10/31/97 1620 Drew St., 34615 Businessperson 1991. Stephen D. Swanberg - Chair H: 725-2669 10/31/97 3121 Bordeaux Ln, 34619 0: 441-9999 Architect 1993 Peg Rogers H: 536-8071 10/31/97 1472 Rosetree Ct., 34624 0: 442-7923 "r Pharmacist & Storeowner 1993 Dennis Henegar H: 461-9331 10/31/99 s 314 Venetian Dr., 34615 0: 442-3158 Residential & Aluminum Contractor 1994 Helen Kerwin H: 446-4679 i 10/31/98 1173A Granada St., 34615 Retired Dept. Mgr.-Singer Co. 1996 Lawrence "Doke" Tiernan H: 446-3853 10/31/98 1120 Kingsley St., 34616 O: 726-7001 (finish Dolores' term) Realtor/Broker as of 1111 -open 7th seat Board Attorney: Andy Salzman - tel. 799-2882 Fax 726-0058 Tew Zinober Barnes Zimmet & Unice - P.O. 5124 - 34618 E RECEIVE] CITY OF CLEARWATER Application for Advisory Boards (must be Clearwater resident Name SEP 2 7 1996 CITY CLERK DEPT. Home Address: Office Address: 2318 Minneola Road__ Clearwater. Florida ZIP: 4624 Telephone 726-1270 Telephone How Long a maldent of the City of Clearwater? -since 1990 Occupation _ Employer Fleld.of Education: Other Work Experience: Computer Sclenre If retired, former occupation compu gc.systems ansily5l Community Activities:. oMg=ers as oclation Coalition of Clearwater Homeowner sop- labas Other interests: Board Service (current and past) Board Preference: MCEB Additional Comments: Signed: Date: Se2tem 27.1996 _ „ ._ Please see attached list for Boards that require Financial Disclosure. PLEASE RETURN THIS FORM TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 34698 i wLl "wi J4 ii`I i1JA. f"?1 .+f1L iMM. .. 10 -L U1?.P 4 '1 - •LIa y! CITY OF CLEARWATER Application for Adylaory Boards (must be Clearwater mil) Name, 5NEI 1A M COLE Home Address: Office Address: N Er. r?.w Telephone _ __ Yj-13).4 _ Telephone ?4?SrL..• ? ??L?f??.....?._ How Long a residam of the City of Clearwater? t u ?S _ Occupation RET16M _ Employer •, _w „? 1'•V. Field of Education: Other Work Experience: AWLt8ftU.5f1_ - JjWjC4_Yptsi,,t?jtj:t C:?-PeOLIIA I-Ot- 4 If retired, former occupotion AVjL. hCk 6br• ?, ?Afi?ons (LitL4u b&s. C. Community CoA?.+'ric+? of Ct-?u?r?? l?+M•?c?vn?c A•s.?c?r.'• - ?p?,.?r. H?•r,?r?? Cam: ?..l?i?c(. ?t?. - > ? , . G C C • ! .t C H r9 e , Co-r itcb'0 t6Z, C SqrsD ehitisTMAkS• 60AT f1AMAt,&;' re. Tv t-ttr Mat Air-toiyc Other Interests: A o b Vrv% e- VV &4ln 7V6 4eC-tb foA hAr+K Ll k? G R e s Board Service (current and past) Board Preference: L> Z F N oT nali Mb 7o :50-M-46 e n f4o ltd "mn l% 1 f3oH aA W CU.L. D QW? LO I Wi, r<G M crrr3 nG E Additional Comments: 51ne?g4r s,W •rT hftr= el?? t? ,¢VA + `?- Pi-1#C? Ta 1-1 vXF • Signed: L Date: _--• Please see attached list for Boards that require Financial Disclosure at the time of appointment. PLEASE RETURN THIS FORM TO: City Clerk's 'Department P.O. Box 4748 Clearwater, FL 34618 CITY OF CLEARWATER Application for Advisory Boards (must be Clearwater raski W Name Home Address: 1565 Elmwood Street Cl rw r 34 15 S _ _ - - -- - - zip, -3+M4- Telephone 443-6868 Q RECEIVED MAY 14 1996 6 CITY CLERK DEPT. Office Address: S a g 5 Usl q U-k Q00 f, ff. 3g6W Telephone tB 2 2 T26- T7 21 r75,2 5 How Long a cent of the City of Clearwater? 17 Years I O Wert S Occupation Architect Employer Phil 1-L'" . .11 F 1i 1 1-1 "1 -- 11 1 12 1 . Field of Education: Bachelor of Architecture Other Work Experience: Instructor, PTEC If retired, former occupation Community Activites: Volunteer, All Childrens Hospital; Assisted with FL Rivers Assessment, FL Dept. Nat. Resources; Developed & Marked Canoe Trails, S.W.F.W.M.D,; Big Brother Volunteer. Other Interests: Enviromiental Issues, Urban Rehabilitation, Canoeing/Hiking Board Service (current and past) Board Preference: F CEB ORB PZ Additional Co ents: Chairmen of Cobb's Landing Design Review Carmittee Jul '84 to Feb. '87 00, f? Signed• Date:. Please see attached list for Boards that require Financial Disclosure at the time of appointment. PLEASE RETURN THIS FORM TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 34618 i i f • RECEIVED ' CITY OF CLEARWATER FEB 12 1996 Application for Advisory Boards CITY CLERi( DEPT, (must be Clearwater resident Name C%??Uj- Home Address: Telephone _ ? !? L Office Address: Telephone How Long a resident of the City of Clearwater? =' `/ ?'` ,,? Occupation ?`?'?-? r'_?:'• 4._? ?= -:?? Employer Field of Education: Other Work Experience: If retired, former occupation a =-Y ?:`??1? l?l=??.« ??. .? ti •: _ .?? :?`? tL (?4 .=? , _ Community Activites• Other Interests- Board Service (current and past) Board Preference: ?.??(ineligible, until 1/25/2000) Additional Comments: ..,.. _ . _ . . Signed: 5:j L. ,? ??F•: ,? r i Date: t Please see attached list for Boards that require f=inancial Disclosure. PLEASE RETURN THIS FORM TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 34618 CITY OF CLEARWATER Application for Advisory Boards (must be Clearwater sidentl Name Home Address: Office Address: ZIP-L; Z9FZf,4/zIP: -q 1 Telephone / Telephone ?371A -4 N-U How long -a tgsiderst of the City of Clearwater? • Occupation Employer , Field of Education: Other Work Experience: If retired, former occupation Other Interests: Board Service (current and past) Additional Comments: RECEIVED MAR 0 4 1996 CITY CLERK DEPT, Board Preference: AR ? &/ % S e P- reC V Signed: Date: 9' 96 U17? Please see attached list for Boards that require Financial Disclosure. PLEASE RETURN THIS FORM TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 34618 May 6 '96 9100 Drs Kornrolch/SmoIon sky FAX 61373 755 P. 1 -DECEIVED'. Ci'YY OF CLEARWATER ' Applbetlon for Advisory Wards MAY 06 1996 (must be Clearwater raalagnt} ' "CITY Cl.EAK DEPT.' L5 - ?uNa G i?? ?„ 71Ps 3Y?of8' Tolophonv 7 Y- Y Y J -- __. ' _ ?' How Long a rAgk= of the Clt of Cloarwmar7 ompiwon is '7c ? h Employe{ P,4, /fR li, •., i ?' ?r t?! r?.. ' uw of R(\d/ueao, -rect,ti cO av1 Other Work ac'• erience: ?.3? -g? 15 awe ' K r'6t?ed: fortis©r w,"lon ?f4 . t . •? ^?i , F?•?'?-w: rte: fn... {•, .•? •'.;=?r?,/• ! ' -[ r• L.NI unity Ae ttes: ,pfd 1.{• ? :, ?.• w.w -- - - gi /v Mord Sorvlce (current and pa¦t) Board Preference: Y/W% -- QA a B Bate: ?-- F,pleas$ see attachod list for Boards that require Financial Disclosure at Fho time of appointment. PLEASE AETUAN THIS FORM TOt City Clerk4u Department P.O. Sox 4748 Clearwator, K 348Ia. "a"... if is r s ri 'a l ltlff i w-o?, a 4tv= 1310q :-4 Point-* Fax Note 7671 0a1* Abe ?} To rmw f° PC, •A J or ra 1A )A I ,_• `rS?a-Lys rtu? ???'•???f AAM W P. ?,?}q ---- k, .r .y f s FROM : 01LL. 21NZw PWNE NO, 79? 29?i Name CITY OF CLEARWATER App1108000 for Advisory boards (must be Clearwater ItltAd ) Oct. Iii 19% I2:22PM Pi A? 4? gyp. G GJ i Home Address; 1.1 Office Addtoes: yy?.r.y U.rq`.wM?rl? .3lP. r -_-_ - - - Yrlsphone E?.:E.,L.?_......? Telephone . , - - .... How Long a [Q31dant of the City of Clearwater? 000upstlarrr?.? - Ert?ploYOr ,?„ Field of Education: Other Work Expetienuo: ti retired, former occupation CotnrnurJty Actlvltos: ?- _ ? rz Jl,/M- r Other Interests:. aaux. -...2&--- Board Service tautrant and post) r.r r _--wr+--.ter-w Boars! Preierpnce: Additional Comments-. ,., ,_??...._.. 3 Please ame attached 11at fr?r Boards that roqulre pinenclai Disclosuro. PLEASE RETURN THIS FORM TO: City Clark's Dopartmont P.V. Box 4748 Cleerwelnl, FL 34018 E From: David Anbtltlon To: City C19 's Olfsct Dirtel.1110196 Twiv:11.70.01 Foul Z of a 11/00/90 1o:33 FAX 813 462 6931 KO ;N sm 2902 OCT-w-i9% inssG CLEPbfATM CITY CLMK 013 462 FAFA P.OOSoMl CITY OF CLEARWATER ?? .? ... Applia"on for AdAbory 800rda (must bo 0eatwatar mgdWt1 Nximm Home Addrasal Ornk. Address: 305 iiillcrest Drive North 1112 Eldridge 5t:. C_Tpazvlst_nr- _..._....7.t 5 Cir_arva[pr rip! 46tfi Teiaphons 442-7271 Tetephorw 4430597 Now Long a MAWMM or the City of Ciaarnrr3terT Occupation Buil.ding_ ContractorFo,piByor self ^ ... _r.r...r., Field or Education: Other Work 2xpedencat _Cleng l.gUr_ Hh-=bo41 F_ram j ug nnnt:rayLag (1221-1980) Borth Carolina Wesleyan CollegeBuilding Contractor (1980-present) If (G&W, former occupation ComnwrtityAtWvites; former 0ptimlat- Palm Harbor Breakfast Club Vice President- Methodist Men Fellovahip-FUMC Ott tntwar.trl: soccer Coach- Bellaire Youth League &WREA ikeurrsrvntma in fisa computers, d Iii! enp9 boating - tC E7 e) 10/03/96 04:30 TX/RX NO.3455 Ycn,A- r. eel P.001 Piansu Pw aVAched Est for Boards dot.ragtrira FlnanuSai Disdosuro. PLEASE RETURN TH1R FORM TO: City ClarVe Deportmant KU- Box 4748 Owwow. FL 34,018 oco-_ S : 5 7 0'. ' MEMORANpLLM TO: Honorable Mayor and City Commissioners FROM: Pamela K. Akin, City Attorney RE: Request to hire outside counsel DATE: October 3'I, 9996 This is a request for authority to hire outside counsel for the City in an amount not to exceed $25,000 regarding construction-related Issues. PKA.jmp Copy to. Elizabeth M. Deptula, City Manager 1 ?y iyyF. S; 4tF ' ?._ _????i •y?.....r .-r,?..,7......-,.. .. ..... ?......-..-...??.?,..r?. ......:+..er ......J?!•. .:ha•i.•.v:...-..e ..... .r ... .... ?. _.. .. .... ..'•1.i •.°r'? i F 3 i ?,p.e ".Yi •l •`•f., Y?i` .?.E„ "'Y xj ?4 ? t` :,A .S 1. l i ? Preliminary Agenda. (Worksession) '6 a i i. YYI,Y?' YY;. Al ' ..., ...,..... ?. 1.....f..r?t'7rr'r'nr"^"":'. v ,-. •...-.+..v ?l Y,t?anl?e gib, 4 i. d } 3 1 F PRELIMINARY AGENDA Clearwater City Commission Worksession - 1:00 P.M. - Monday, November 4, 1996 Clearwater City Commission Meeting - 6:00 P.M. - Thursday, November 7, 1996 Service Awards Convene as Pension Trustees Reconvene as Commission FN FINANCE 1. Declare personal property surplus to City needs; authorize disposal through Tampa Machinery Auction, Tampa, FL (Consent) GAS GAS SYSTEM 1. Purchase of Propane Tanks from American Welding & Tank, Camp Hill, PA, for $112,128 and to Manchester Tank, Brentwood, TN, for $32,154, for the period 1118196-9130197, for a total $144,282 IM INFORMATION MANAGEMENT 1. C-View Task Force Report and Disband 2. Enterprise Network - Phase II (Marine & WPC) - Purchase of: network equipment & software from Megabyte International, Tampa, FL, for $43,842; 7 Dell desktop personal computers & related components from Dell Computer Corp., for $21,164; and other misc. expenditures for $13,586; financing of network equipment & computer equipment for $35,676 to be provided under City's master lease-purchase agreement (Consent) LIB LIBRARY 1. Contract renewal for maintenance of Gaylord Galaxy automated library system with Gaylord Systems, Syracuse, NY, for the period 111197-12131197, for $47,621 (Consent) PD POLICE 1. Reappointment of Roy R. May to Board of Trustees, Clearwater Police Supplementary Pension Plan (Consent) 2. Approve acceptance of I year grant of $78,750 for FY 1996-97 from FDOT State Safety Office, for Clearwater Pedestrian Safety and Enforcement Project (Consent) 3. Approve acceptance of 1 year grant of $162,100 for FY 1996-97 from FDOT State Safety Office, for Clearwater DUI Enforcement Project (Consent) PR PARKS AND RECREATION 1. Donation of artwork (2 batiks) purchased from Jim Nordmeyer for $1,000 in 1979 under previous "Artist-in-Residence Program" to Pinellas County Arts Council who in turn will gift same to St. Petersburg-Clearwater Airport from the City of Clearwater (Consent) 2, Contract for preparation of "Management Plan" for Camp Soule to HDR Engineering, Inc., for "'not to exceed" $13,870 which will meet requirements of the Florida Communities Trust for award of matching grant for acquisition of Camp Soule (Consent) 1114196 1 3. Contract for Jack Russell Stadium Structural Repairs Phase Two to Macro Construction, Inc., Clearwater, FL, for $146,609 PW PUBLIC WORKS 1. Purchase of misc. cast iron meter 1 valve boxes & accessories from U.S. Filter 1 Davis, Tampa, FL, for the period 1218196-12/7197, at an est. $26,685 (Consent) SW SOLID WASTE 1. First Reading Ord. #6105-96 - providing rate structure for Solid Waste Dept. to operate in the roll-off business in competition with private solid waste companies which includes leasing, servicing compactors and open-top containers, and approves investment of approx. $235,400 in additional containers and compactors to support the enterprise EN ENGINEERING 1, Third Amendment to lease agreement dated 1212194 with the Times Publishing Company extending term through 12/31/97 re lease premises in Magnolia Park Sub., Bilk 8, providing for termination by either party upon 30 days written notice (MSBIPS temporary parking facilities) (Consent) 2. First Amendment to lease agreement dated 2122196 with Dimmitt Car Leasing, Inc., extending term through 12/31/97 re lease premises in Magnolia Park Sub., Blk 1, providing for termination by either party upon 30 days written notice (MSBIPS temporary parking facilities) (Consent) 3. Work Order with Post, Buckley, Schuh and Jernigan, Inc., to provide updated aerial photographic atlas of the City, for $89,447 (Consent) 4. C.O.#4 & Final to Pier 60 Park Contract to Caladesi Construction Company, Largo, FL, increasing the amount by $24,563 for a new total of $1,259,383.61 (Consent) 5. Status Report - Allen's Creek Rehabilitation Project at Lakeview & Hercules (formerly Maple Swamp Restoration Project) (WSO) CP CENTRAL PERMITTING 1. Public Hearing - First Reading Ord. #6107-96 - Proposed change to previously approved DRI to allow: 1) land use conversion to office and/or hotel development for Parcel 4, Sec. 17-29-16, M&B 29.013 located within Park Place DRI, and 2) reflect changes in ownership and configuration of parcels of property within the development (Park Place Land, LTD) 2. Public Hearing - Amendment to Wal-Mart CPD zone to increase nonresidential development intensity by allowing construction of a Wendy's Restaurant along US 19 frontage between Kinko's and Jiffy Lube outparcels (23106 US19N, Loehmann's Plaza, Lot 1, Loehmann's Plaza Replat, Lots 1-3) (Wal-Mart Stores, Inc. 1 Wendy's International, Inc. 1 Tailed Family Trust 1 Kinko's of Georgia, Inc. 1 Brandon Nu-West Clearwater, Ltd., Z96-09) 3. Variance(s) to Sign Regulations for property (Smart & Final) located at 1661 Gulf to Bay Blvd., Gulf to Bay Shopping Center, Lots 3 & 4 (Arthur & Mary Bruno, SV96-20) 4. Variance(s) to Sign Regulations for property IRamada Inn) located at 521 S. Gulfview Blvd., Sec. 17-29-15, M&B 22.02 (Clearwater Gulfview Hotel Trust, SV96-21) 5. Variance(s) to Sign Regulations for property (Brookwood Apartments) located at 501 Fairwood Ave., Sec. 8-29-16, M&B 34.01 (Clearwater Apartments I Ltd„ SV96-22) 11/4/96 2 6. Variance(s) to Sign Regulations for property (Lantana Apartments) located at 530 Fairwood Ave, Sec. 8-29-16, M&B 34.02 (Clearwater Apartments I Ltd., SV96-23) 7. Variance(s) to Sign Regulations for property (Damon's / Sam Seltzer's Steakhouse) located at 18409 US19N, Sec. 20-29-16 M&B 33.05 (Clearwater Ribs, Inc., SV96-24) 8. Variance(s) to Sign Regulations for property located at 2170 Rainbow Dr., Sec. 13-29-15, M&B 14.02 (AAA Auto Club South a/k/a St. Petersburg Motor Club a/k/a Peninsula Motor Club, SV96- 25) 9. Variance(s) to Sign Regulations for property located at 923 McMullen Booth Rd., Sec. 9-29-16, M&B 31.01 together with Del Oro Gardens, Lots 33-36, 44-46, 51 & part of 52 (Kapok Pavilion 1 Ltd., SV96-26) 10. Public Hearing & First Reading Ord. #6092-96 - LDCA to allow funeral homes in P/SP zoning districts (LDCA96-18) - To be Cont. to 11121196 11. Public Hearing & First Reading Ord. #6093-96 - LDCA to establish additional supplementary conditional use permit standards consistent with the PPC Rules (LDCA96-19) 12. Public Hearing & First Reading Ord. #6100-96 - LDCA to allow outdoor cafes in P/SP and Open Space/Recreation zoning districts on Clearwater Beach (LDCA96-20) 13. Comprehensive Development Review and Comprehensive Planning Revisions / Customer Service Improvements CM ADMINISTRATION 1. Harborview Center 2. Transfer of $229,200 from the General Fund to the Municipal Services Complex project for funding of other non-construction expenditures; transfer of $229,200 in interest earnings on bond proceeds from the Improvement Revenue Bonds Construction Fund to the Improvement Revenue Bonds Debt Service Fund for the payment of principal and interest ,on the bonds, previously budgeted to be funded from General Fund revenues 3. C.O.#3 for the Clearwater Municipal Services Complex to increase the Guaranteed Maximum Price from $16,087,295 to $16,605,987 4. Florida Orchestra Board - replacement for Kathy Rice as City representative 5. Public Hearing & First Reading Ord. #6108-96 - Time Warner Franchise Agreement CLK CITY CLERK 1. Library Board - 1 appointment 2. Municipal Code Enforcement Board - 1 appointment CA LEGAL DEPARTMENT Second Reading Ordinances 1. Ord. #6084-96 - revising Appendix A, Schedule of fees, rates and charges for various permits & services related to building construction of Central Permitting 2. Ord. #6094-96 - CG Zoning for property located at Hercules Ave. at Sunset Point Rd., Sunset Oaks, Lot 2 & S 160' of Lot 1; Pinellas Groves SW, part of Lot 1; Sec. 1-29-15, M&B 13.02 (City initiated 1 Markos & Maria Poniros / Amoco Oil Co. / McDonalds Corp., Z96-11) 3, Ord. #6096-96 - Annexation for property located adjacent to Countryside Community Recreation Park; Sec. 29-28-16, part of M&B 22.02 (Florida Power Corp., A96-26) 11/4/96 3 ,I 4. Ord. #6097-96 - P/SP Zoning for property located adjacent to Countryside Community Recreation Park, Sec. 29-28-16, part of M&B 22.02 (Florida Power Corp., A96-26) 5. Ord. #6101-96 - Relating to Occupational License Taxes; amending Ch. 29, Art. II, Secs. 29,24, 29.27, 29.30 & 29.31, by adding a new section on background check requirements; and making minor grammatical changes 6. Ord, #6102-96 - Relating to Occupational License fees, rates and charges by making housekeeping changes and adding the registration fee and duplicate fee Agreements, Deeds and Easements 1. Water main and ingress/egress easement- portion Sec. 3-28.16 (ABR Plymouth Plaza, Ltd.) (Consent) 2. Declaration of Unity of Title - 4 parcels in Sec. 13-29-15 (Walgreen Co.) 3. Sidewalk Easement - across portions of property in Sec. 13-29-15 (Walgreen Co.) 4. 10' Waterline and Refuse Collection Easement - across portions of property in Sec. 13-29-15 (Walgreen Co.) OTHER CITY ATTORNEY ITEMS 1. Request for authority to initiate eviction proceedings re Stevenson Creek Improvement Project 2. Request for authority to initiate foreclosure proceedings re delinquent rehabilitation mortgage accounts 3. Request for authority to initiate foreclosure proceedings for unpaid and delinquent liens 4. Report of litigation costs and expenses - City vs. Fisherman's Wharf of Clearwater, Inc. (WSO) 5. Request for approval of outside counsel City Manager Verbal Reports Commission Discussion Items 1. DDB request for co-sponsorship re Downtown Discovery Day - 11/9/96 Other Commission Action Adjourn _ Executive Session 1) What to do while City Hall not available for meetings 11 /4/96 ' 4 S ,k Oct-25-96 IO:OOA iE?-N S P.02 runa.aL. UNKMEWWAMijkV{. ,•ac.c.aail%x svs-* ALLEN'S CREEK WATERSHED REHABILITATION PROJECT AT HERCULES AVENUE When: Oak Grove Middle School, 1370 South Belcher Road, Clearwater, Florida, 3404 Whets: Tharsday, November 7, 1996 Time: Between 6:00PM and 8;00P M The Public Information Meeting will be held by the City of Clearwater, Plaollas County, Southwest Florida Water Management District and Tampa Bay Engineering to provide an opportunity for public review of the conceptual plans for the proposed improvements. All l11tcrested nersons are_iovitd tg Wtend gn lme between-the [ours listed gam, The purpo3c of this projcct is : I. Reduce flooding in the area by providing additional storage for sturrnwater runoff: 2. Improve water quality and wildlife use by reducing erosion and improving hubitat. 3. Provide an educational opportunity for the geneml public to loam about stormwater management, water quality improvement, and wetlandL Aerial photographs depicting the project's location and conceptual plans will be available for review at the meeting, Tent' Finch. City of Clearwater Environmental Programs Supervisor, may be contacted at (813) 562-4747 for further infunnation concerning the project or the meeting. t .w+..rr,..r u...• .-•r .__ ..... .... ?,...-. ... x i .. .i..s i ?s 'a4 ., ? ? ? i ? "I 11nr Tn wnrrrr1V r Oct-2S-96 YO:OOA' PUBLIC INFORMATION MEETING NOVEMBER 79 1996 Allen's Creek Watershed Rehabilitation Project at Hercules Avenue COMMENTS: Please provide your comments below. You may place the comment sheet in the comment lox provided or mail them to: Terry Finch Environmental Programs Supervisor City of Clearwater P.O. Box 4748 Clearwater, Florida 34618-4748 (813) 562-4747 Now. Plem mail your comments no later than November 15, 1996. P.04 t Name Address Phone Please use eidditionul sheets if necessary Oct-26-96 20:00A October 25, 1996 RE: PUBLIC INFORMATION MEETING Allen's Creek Watershed Rehabilitation Project at Hercules Avenue Dear Property Owner or interested Party: P.03 This is to inform you that the City of Clearwater, Pinellas County, Southwest Florida Water Management District and Tampa Bay Engineering will conduct a public information meeting concerning proposed improvements to the Allen's Creek Watershed at Hercules Avenue across from Plumb Elementary School. The public information meeting will be held on Thursday, November 7, 1996, from 6:00 p.m. to 5:00 p.m., at the Oak Grove Middle School, 1370 South Belcher Road, Clearwater. This public information meeting is being held to give interested parties the opportunity to better understand the location/design alternatives, and the social, economic, and environmental effects of the proposed improvements to the Allen's Creek Watershed and provide an opportunity for public comment. Aerial photographs depicting the project's location and conceptual plans will be available for review at the public information meeting. Representatives from the City of Clearwater, Pinellas County, Southwest Florida Water Management District and Tampa Bay Engineering will be available beginning at 6:00 p.m. on the clay of the public information meeting to answer questions and discuss the project. All persons will have an opportunity to express their comments in writing on the enclosed forms or forms to be provided at the public information meeting, Written comments must be postmarked no later than November 15, 1996. We invite and encourage you to attend and participate in this public information mecting. Sincerely, Terry Finch, Environmental Programs Supervisor (813) 562-4747 Clearwater City Commission Agenda Cover Memorandum Item 0: . Meeting Date: . -'? ? 1. SUBJECT: Comprehensive Development Review and Comprehensive Planning Revisions/Customer Service Improvements. RECOMMENDATIONNOTION: None required; information only. ® and that the appropriate officials be authorized to execute same. SUMMARY: City staff has embarked on a comprehensive course of action to improve its development review, long range planning and customer service procedures and regulations. Our approach will significantly involve the community in this process while adhering to a very tight (six month) time frame. We anticipate extensive revisions to our Land Development Code, including possible advisory board consolidation, to improve effectiveness and efficiency. The major components of our program are listed below. CODE REVISION. City staff has identified the need for comprehensive revision to our Land Development Code. Over the past several years, staff has made a large number of amendments to the code; despite these efforts, we have come to the conclusion that the format and structure of the code requires a cornglete v I if we are to achieve our goals of promoting economic development and customer service. The staff's recognition of this issue has been verified through comments made in recent focus groups about the City development review and permitting processes. Staff proposes this comprehensive revision to be a short. terra process. We will be guided by a Steering Committee consisting of the persons listed below; this Steering Committee will establish guiding principles to direct staff in its code revision process, conduct some information gathering through customer and City board member focus groups, and provide policy direction. Additionally, a staff Management Committee will make critical decisions with regard to code formatting, legal issues and overall direction. City staff members will create the Code revisions for Steering and Management Committee review. The Commission will receive progress updates and "reality checks" where we will request direction prior to preparation of the final code changes. As with any code amendment, the Commission will receive and refer the draft ordinance, entertain advisory board recommendations on it, and hold two public hearings. Reviewed by: Legal Budget Purchasing Risk Mgmt. Is ACM Other Submitte lg[nating Department: oats: Commission Action: ?S$I.YANT.r.-1'Y,.MAt40 : ? Approved ECONOMIC DEVELOPMENT Total ? Approved with Conditions rerDe eriment. :.,.;.:;;;:•. ? Denied :. CPNIA( AEFiMIr'rING>i:'s{:'s' Current Fiscal Year 13 Continued to: Advertised: 0 Not Required Affected Parties ? Notified ? Not Required Funding Source, C] Capital Improvement: 13 Operating: 13 Attachments: Other: CODE REVISION SCHEDULE Appropriation Code :.::.:....:.........:.........:....................... 0 Nano Printed on reoyoled paper Q\? Mark Cagni, Advisory Board/City Contractors STEERING GOiiNITTEE Bob Keller, Chair, City of Clearwater Sheila Cole, Beach Chamber/Homeowners Associations Steve Fowler, Chamber/Development Community Dave Healey, Pinellas Planning Council Mayme Hodges/ City Homeowners and Businesses Ed Mazur, Advisory Board/Development Community It is our intention to have a completely revised Land Development Code adopted by the Commission within six months. This is an aggressive schedule and will require substantial commitment of Central Permitting resources, as well as the resources of other City departments. However, we feel the following goals are so important that this effort is well merited. Code Revision Gums ? Code streamlining (shortened procedures and page reduction of 50%). ? User friendly, graphics-oriented regulations. ? Comprehensive advisory board duties (one-stop shopping). ? A focus on "value-added" regulations that promote and maintain our high development standards. 0 An improved community awareness and appreciation of City efforts to improve our regulations and the purpose behind those regulations. The overall process for revising the Land Development Code is provided on the attached page. Please note that the City Commission will be periodically informed of the progress of this effort. Your direction and comments will be solicited all along the way and final adoption of the code amendments rests with you. We will also bring to you the Guiding Principles established by the Steering Committee for your direction and "buy-in ". C!JSTOMER SERVICE I PR VEMENT . We have identified the need for an improved process to address the needs of all our businesses, but especially new businesses. Our customer satisfaction surveys indicate that infrequent or first time visitors to our permit review offices are our least satisfied customers. The preliminary results of our focus group meetings confirm this. Central Permitting staff will visit private sector service providers over the next 30 days to observe and discuss how first time customers are treated by these businesses. We will focus our efforts on financial institutions, but we may visit with medical service providers as well. Based upon the information we gain from these visits, we anticipate making some adjustments to our processes and personnel in order to better accommodate all customers, but with a focus on first time customers. We also intend to establish a program by which we will visit each new business within 30 days of its opening in order to determine what other areas of assistance the City can provide. Once we have made some procedural and organizational changes, we will provide the Commission with a six month update of our progress and success (as well as any adjustments that need to be made. We will use the final information received from the Bordner study to fine tune this process. X21 L LAND DEVELOPMENT CODE REVISION PROCESS OVERALL SCHEDULE CITY COMMISSION STEERING COMMITTEE CITY STAFF NOVEMBER Process Briefing Grrganizational Meeting Cade Revisions oup Input as directed by ction to Stan Steering Committee DECEMBER Process Update Continued Direction Code Revisions as directed by Steering Committee JANUARY Process Update Completion/ Commission Celebration Direction Code Revisions as directed by Steering Committee FEBRUARY Code Amendment Recognition by Schedule Receipt & Referral Commission Public Hearings MARCH Process Update Commission Direction APRIL Ordinance Adoption & Celebration Advisory Board Hearings Commission Hearings .. c-,/ v, INTERDEPARTMENT MEMORANDUM TO: Betty Deptula, City Manager ' FROM: Kathy S. Rice, Deputy City .T.ACEIVED I SUBJECT: Florida Orchestra Board OCT 18 1996 DATE: October 16, 1996 IIlTV CLERK DEPT. Because of my obligations in the City and my personal obligations at home, I do not feel that I am an effective member of the Florida Orchestra Board. This might be a good time to have the City Commissioners appoint someone they would like to be the City's representative on the Orchestra's Board. While I am committed to the Orchestra, I think Clearwater would be better served by someone who can be a full and active participant on this Board. .. . 1- .I. o?a y CITY OF CLEARWATER Interdepartmental Correspondence To: From: Date: Pamela K. Akin, City Attorney Paul Richard Hull, Assistant City Attorney & e-, ? October. 116, 1996 Re: Report of Litigation Costs and Expenses City of Clearwater v. Fisherman's Wharf of Clearwater, Ina, et ax Case No. 93-3285-CI-07 Synopsis of Case: In September, 1993, the City Commission directed the Legal Department to commence an action in eminent domain to condemn property on Clearwater Beach for use in replacement of the Clearwater Pass - Sand Key bridge. This action was prosecuted against the owner of the underlying fee estate (Fisherman's Wharf of Clearwater, Inc.), the tenant in possession (Leverock's Seafood House of Clearwater Beach, Inc.), and a lienholder (Khalil Rubaii). Subsequently, the City Commission also directed the Legal Department to quiet title to a portion of South Shore Boulevard. As a result of the construction of the new bridge this portion of South Shore Boulevard would no longer be usable as a street and could be made available to mitigate damages suffered by the fee owner and tenant. This would decrease the amount of damages for which the City would be responsible. The property necessary for the bridge was taken in November, 1993, the damages portion of the domain case was mediated in July, 1995, and the .i final orders entered in September, 1995. Hearings were held in November and December, 1995, on the amount of attorneys' fees and costs to be awarded and orders regarding the bulk of those costs and attorneys' fees were entered several weeks ago. I, i Report of Costs and Expenses (City v. Fisherman's Wharf, d al.) October 15, 1996 pie tyro Breakdown of Litigation Costs and Expanses Total Cost - $2,684,791.00 Taking costs - 77% Defendants' Attorney fees - 13% Defendants' Experts - 5.3% City's Experts - 3% City's Legal -1% i Covet costs -<1% i r i? } 9 i. i i .J` . E 1 I ?i ??fv-?(V*r..,,,•,...•, .? ... .,.._......-...,.,,.n .u-+n say: .? ? ,.?'.>. •?n'...a?t-i:. ,.F,•'i '. r.. ,. •?' ? .... • d V? , O Report of Costs and Expenses (City v. Fisherman's Wharf, et al,) October 16, 1996 jDage three Below is a summary of the costs and fees broken down by party. A more detailed breakdown of these costs and fees is available for review. Please note that this report is not an audit but is only intended to be a reasonably accurate assessment of the costs incurred by the City in this litigation. Breakdown of Litigation Costs and Expenses by Party Defendants: FISHERMAN'S WHARF OF CLEARWATER, INC. Damages paid for taking $776,000.00 Expenses incurred as a result of mitigation 700,000.00 Attorney's fees 165,000.00 Expert (Engineer, Appraiser) 32,482.00 Defendant's costs _ 514.06 Subtotal $1,673,996.06 LEVEROCK' S SEAFOOD HOUSE OF CLEARWATER, INC. Business damages $590,000.00 Attorney's fees 195,000.00 Experts (Engineer, Accountants, Analysts, etc.) 110,551.00 Defendant's costs 1,772.65 Subtotal $8973,323.65 1 Figure estimated due to an outstanding item. $19673,996 $897,323 , j Report of Costs and Expenses (City v. Fisherman's Wharf, et al.) October 16, 1996 1 page fou Plaintiff: CITY-OF CLEARWATER Experts (Engineers, Appraiser, Analyst, Accountant $81,969,00 'r Attorneys 279997.00 Misc. costs 3,506.00 2 . Subtotal $113,472.00 $113,47 .TOTAL (Costs and expenses paid by City) $29684,791 , ?i lff !, ` F Figure does not include costs attributable to in-house counsel. tt3t'41•fi+??'?.'Rs*aFK113t?-?«"'•.'.. ------- i' ?- , .. .._.. .......- -..,...« ..-„ .,, .,.v ,4 ;..R :'. at:« .? - . 1.'-:iii... ..