02/18/1999
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Meeting
2-18-99
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:;'-:::: .' 'note: 2~ 16-99 Prelim~nary (W orksession) Agenda and paperwork
that was in package initially but then not continued onto,
Thursday's agenda is at the back, of this agenda pack.
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'1
ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, February 18, 1999 - 6:00 P,M. - Commission Chambers
1. Invocation - Commissioner Johnson.
2. Pledge of Allegiance - Mayor.
3. Service Awards - None.
4. Introductions and Awards - None.
5. Presentations
a) United Way 1998 Award to City - Presented,
b) Phil lies Campaign - Presented,
6. Approval of Minutes - Regular Meeting 2/4/99 - Approved as submitted.
7. Citizens to be heard re items not on the Agenda
Earlv Sorenson presented a redevelopment plan for North Greenwood.
Jack Alvord said the Commission usually votes against neighborhood protection.
Ed Wells requested City contribution to construct a track at Clearwater High.
Sonia HauQht expressed concern re poor care of a property and proposed development on Sand
Key, .
PUBLIC HEARINGS
8. Public Hearing & First Reading Ords. #6387-
99 & #6388-99 - Annexation & RS-B Zoning
for property located at 1329 Fairmont St.,
Pine Ridge, Blk A, Lot 2 (Oetrano Pine Ridge
land Trust I Charlie Harris, TRE, A99-
01 )(PLD)
9. Public Hearing & First Reading Ords, #6389-
99 & #6390-99 - Annexation & RS~6 Zoning
for property located at 3006 Grand View
Ave., Kapok Terrace, Blk G, Lot 13 and part
of Lot 1 2 (Frederic B, & Michelle K. Moreau,
A99-02) (PLD)
10, Variance(s) to Sign Regulations for property
(Eckerd Drug Store) located at 501-525 S.
Belcher Rd., Sec. 1B-29-16, M&B 32.05 (Ellis
and Co., Ltd., SV99-01 )(PlDI
11. Variance{s) to Sign Regulations for property
(Eckerd Drug Store) located at 1213
Cleveland St.
(Cleveland Plaza, Ltd., SV99-02HPlD)
8. Approved. Ords. #6387-99 & #6388-99
passed 1 st reading.
9. Approved. Ords. #6389-99 & #6390-99
passed 1 st reading,
10, Denied variance to allow canopy sign to be
installed on subject property,
11. Continued to 4/15/99.
12. Public Discussion re Pedestrian Component of Beach Entryway (Roundabout)(CM) - Received
citizen input.
2/1 8/99
1
Public Hearing - Second Reading Ordinances
13, Ord. #6369-99 - Relating to Utilities; 13. Continued to 3/4/99.
amending Appendix A - Schedule of Fees,
Rates and Charges to provide revised rates
for Clearwater Gas System, to become
effective for all billings on or after 3/1/99
14. Ord. #6382-99 - Relating to Reclaimed Water 14. Continued to 3/4/99.
Availability and Rates; amending Art. IX, Sec.
32.380; amending Appendix A - Schedule of
Fees, Rates and Charges
CITY MANAGER REPORTS
CONSENT AGENDA (Items #15-23) - Approved as submitted less Item #22.
15. Approval of Purchases per 1/29/99 memorandum:
Cytec Industries Inc., polymer to be used in all WPC facilities, 2/19/99-2/28/2002, est.
$420,000 (PW)
Pinellas Pools, Inc., renovations & repairs to Morningside swimming pool, main pool marcite, filter
modifications, leak repair & installation of new slide, $61,429 (QOL)
Grinnell Corp., 1 st extension, brass water fittings for use throughout City by Water Division,
2/19/99-2/29/2000, est. $60,000 (PW)
PeopleSoft USA Inc., upgrades, maintenance & support of Human Resources/Payroll software,
2/1/99-9/30/2000, est. $185,000 (GSS)
Harley Davidson of Seminole County, five 1999 Harley Davidson police motorcycles, $57,570
(PO)
Gas Solutions, Inc., permitting & gas house piping installation in Gas System north & south
service areas, 2/19/99-2/29/2000, est. $60,000 (GAS)
Wright Brothers Gas Plumbing, permitting & gas house piping installation in Gas System north &
south service areas, 2/19/99-2/29/2000, est. $60,000 (GAS)
16. Approve parking incentive for Wakely & Associates, Inc., in the amount $40,000 from the
parking system; authorize parking system to guarantee up to 50 spaces in the Garden Avenue
Garage (EDI
17. Contract to Kaiser Pontiac-Buick-GMC, Inc., one GMC Sierra 3500, one-ton truck chassis-cab,
4x2, with utility body, $21,685; funding to be provided under City's Master Lease-Purchase
Agreement (GS)
18. Joint Project Agreement with City of Largo to relocate natural gas mains during City of Largo's
Downtown Drainage Improvement Project, est. $75,000 (GAS)
19. Agreement with Florida Gas Transmission for construction of new Gate Station at Mitchell and
Trinity Oaks Boulevard in Pasco County, est. $68,000 (GAS)
20. Approve contract with Adam Smith Enterprises to purchase fee simple interest in a 0.229 acre
parcel, and a perpetual easement interest in a 0,245 acre parcel, both lying within Trinity Oaks
Commerce Center, Sec. 26-26-16, Sec. 27-26-16 & Sec. 35-26-16, Pasco County, for $35,500
plus est, expenses of $4,980 for environmental audit, boundary surveys & closing costs, total
not to exceed $40,480 (PW)
2/18/99
2
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Ie.
21. Amend Fiscal Year 1998w99 operating budget to add 3 FTE positions in Storm water Utility to
meet requirements of federal N"ational Pollution Discharge Elimination System (NPDES) Permit as
mandated by the Clean Water Act (PW)
22. Approve purchase of property, Magnolia Park Sub.. W 114' of Blk 8, from Times Publishing
Company, for $230,000 adjustable based on exact parcel size determined by survey, plus costs
of boundary survey & closing expenses est. at $2,150 for total cost not to exceed $232,150
(PW) - APPROVED,
23. Approve amended Interlocal Agreement for the MPO incorporating changes to the United States
code pertaining to MPO's (PWI
..~ ~
OTHER ITEMS ON CITY MANAGER REPORT
24. First Reading Ord. #6391-99 .: Restructuring
Solid Waste Ordinance, requiring dumpsters
to be removed from view from thoroughfares
or screened, requiring residential refuse
containers to be removed from the curb and
stored from view, and providing a penalty for
non-compliance, requiring lawn and tree
maintenance contractors to remove and
dispose of the debris from their work,
transferring authority from Department of
Public Works to Department of Solid
Waste/Recycling (SW)
25. First Amendment to Siemon, Larsen & Marsh.
Contract to provide, through Prime Interests
Inc., program management & implementation
services related to redevelopment of
Clearwater Beach, Downtown Clearwater,
Neighborhood Planning and One City. One
Future., in an amount not to exceed
$200,000 (eM) .
26. St. Petersburg/Clearwater Economic
Development Council - replace See I for term
to 4/16/2000 (CLK)
27. (Cont. from 1/21 & 2/4/99) Beautification
Committee - 2 appointments (CLK)
28. (Cont. from 1/21 & 2/4/99) Parks and
Recreation Board - 1 appointment (ClK)
2/18/99
24. Ord. #6391 ~99 passed 1 st reading.
"
25. Pulled.
26. Appointed County Commissioner Seel to
complete term to 4/16/00 or to sunset of
board; appointed Commissioner Clark to
complete term to 5/5/00 or to sunset of
board,
27. Appointed Candace Hider & Brooks Hammac.
28. Appointed Richard Ruben.
3
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30. Other Pending Matters
. .
29. Appointed David Gildersleeve (Planner) &
Edward Mazur, Jr. (Civil Engineer) to 4 year
terms; Alex Pliska (Architect) & Gerald
Figurski (Attorney) to 3 year terms; Shirley
Moran & William Johnson to 2 years terms.
Appointment to 1 year term continued to
. 3/4/99.
30. None.
29. Community Development Board - 7
appointments (eLK)
CITY ATTORNEY REPORTS
31. Res. #~9-14 - Demolition Lien ~ 1008
Railroad Ave., Legal (Blunt)
32. Res. #99-15 - Demolition Lien - 605 Hart St.,
Legal (Floyd)
33. First Reading Ord. #6392-99 - Relating to
soliciting on streets, amending Sec. 28.041
to prohibit persons from approaching the
occupants of motClr vehicles being operated
on public streets to solicit money. property or
employment; providing a definition of "Public
Street"
34. Other City Attorney Items
31. Res. #99-14 adopted.
32, Res. #99-15 adopted.
33. Ord. #6392-99 passed 1 st reading.
34. Scheduled joint meeting with PAC & Pension
Trustees for 3/26/99 at 10:00 a.m.
35. City Manager Verbal Reports - None,
36, Other Commission Action
Johnson reported TSRPC is hosting a national conference & has requested City pledge of $4,000.
Johnson recommended the City make efforts to share in State's canceled high speed rail system
budget surplus.
Garvev reviewed her opposition to the proposed development of a downtown mini storage
warehouse.
Garvev requested follow-up on beachfront lighting requirements related to sea turtle protection.
Garvev recommended a staff member coordinate neighborhood associations to participate in
4/17/99 clean up day.
Garvev invited people to Saturday's Farmer market at Station Square Park,
37. Adjournment - 10:27 p.m.
2/18/99
4
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CItY OF CLEARWATER
Interdepartmental Correspondence
TO:
Mayor and Commissioners J 1f
Cynthia E. Goudeau, City Clerk ~
Follow up from February 16, 1999 Work Session
FROM:
SUBJECT:
COPIES:
Michael J. Roberto, City Manager
DATE:
February 17, 1999
In response to questions raised at the February 16, 1999 Work Session, the following answers are in
final agenda order:
Item #5a - United Way Presentation - infonnational page in pack
Item #9 - Annexation and Zoning for Moreau property - A single family residential building is
proposed and construction work has begun. The assessed value of $33,500. is for the land value only.
, Item #11 - Variance to Sign Regulations; Eckerd Drug Store - memo from Todd Pressman asking to
continue in pack
Item #17 -3/4 ton truck (CIP for Reclaimed Water) item will be brought to commission on 4/1/99
.
Item #22 -Property from Times Publishing Company - the property qualifies for Level One and
Level Two pennitted uses in the Downtown District; information sheets from the new Community
Development Code in pack
Item #24 - Ordinance 6391-99 - replacement ordinance in pack
Item #25 - First Amendment to Siemon, Larsen & Marsh Contract - pulled
Item #26 - Replacement for Karen Seel's tenn on 81. Petersburg/Clearwater Economic Development
council- additional page in pack
Item #27 - Beautification Committee - additional application in pack
Item #29 -Appointments to Community Development Board - additional pages in pack
Item #33 - Ordinance 6392-99 - replacement ordinance in pack
Miscellaneous - Fiscal Status of Volunteer Handicapped Parking Enforcement Program -The actual
revenue totaled $55,747.00; mileage expense totaled $4,727.56; unifonn cost totaled $330.00; revenues after
expenditures totaled $50,689.44. A question was asked regarding the permit; the person to whom the
handicapped pennit is issued must be in the vehicle when parking in a handicapped space.
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TO: Mayor Garvey
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FROM: Sally Thomas, City Clerk Specialist
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SUBJECT: Invocation
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DATE:,
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Cynthia Goudeau, City Clerk
February 18, 1 999
No minis~er will be present this 'evening.
"
CI T Y OF C LEA R W ATE R
Interdepartmental Correspondence
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Clearwater CIty Commission
Agenda Cover Memorandum
Worksesston Item If:
Final Agenda Item #
2/16/99
Meeting Date: 2/18/99
SUBJECT/RECOMMENDA liON:
SERVICE AWARDS
mt and that the appropriate officials be authorized to execute same.
SUMMARY:
The following employees be presented with service awards for their length of service in the employment of the
City of Clearwater
BACKGROUND:
5 Years
. Pawel W. Dembinski
David G. Nardin
Marlene D. Mitchell
Michael N. Anderson
Carolyn L. Brink
PW/Engineering
Public Works
Library
Public Works
City Manager
25 Years
Denise Wilson
City Manager
10 Years .
Jackie C. Cofield
Roberto C. Vergara
Police
Public Works
15 Years
Matthew S, Moore
Library
20 Years
Amos Green
Raymond A. Kader, Jr.
Marine
Parks & Recreation
Reviewed by: Originating Dept: Costs
Legal Info SIVC Total
- -
Budget Public Works User Dept. Funding Source:
- -
Purchasing DCM/ACM Current FY Cl
- -
Risk Mgml Other Attachments OP
- -
Other
Submitted by: o None
City Man<lger Appropriation Code:
o Printed on fee ded a lef Rev. 2/90
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CLEARWATER GAS SYSTEM
Interoffice Correspondence Sheet
To:
Cyndie Goudeau, City Clerk
;
From:
Chuck Warrington, Gas System Managing Director
Copies: Mike Roberto, City Manager; Rick Hedrick, Deputy City Mooager;
City United Way Campaign Team
SUBJECT: 1998 United Way Communications Award
Date: February 2, 1999
On Joouary 261\ Nicholas Rivera Ruiz, the 1998 City United Way Campaign Chairman, ood I
had the pleasure of attending the 1998 United Way of Hillsborough and Pinellas County
Campaign Communications Contest A wards Breakfast.
I am pleased to report that the City of Clearwater was presented the:
Second Place Overall 1998 United Way Communications Award
We had submitted for consideration our overall 1998 Citywide United Way Campaign
communications strategy for consideration against all of the companies and public entities that
have campaigns in the 2 counties. Several key items that are noteworthy are:
. This was the 2nd highest award of the 27 given (see attached),
. We were the only public entity to be recognized,
. The 1st Place Overall Award went to U8AA on the Hillsborough side --- so we received the
top 1998 United Wav oCPinellas Award, and
. To demonstrate the competition for these awards _u the 13 other companies recognized were:
USAA; R. R. Simmons Construction; Morton PIoot Mease Hospital; Post, Buckley, Schuh &
Jernigan; St. Joseph's Hospital; Celotex; Tampa Tribune; Arthur Anderson; 81. Petersburg
Times; Lykes Brothers, Inc.; The West Company; TECO Energy, Inc.; and Time Warner
Communications. Please note that several of these received awards in multiple categories.
This is a significant accomplishment of the City of Clearwater, and we are proud to present this
award to the City Commission and the 1998 City United Way Campaign Team at the February
18lh Commission Agenda meeting.
C8W /cw
Attachment
\\GSAI\CW ARRING\My Documents\MSOFFICE\WINWOIlD\Unltcd Wuy\1998 UW Communlcntions AWlll'd.doc
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1998 Communication COlltest Winners
",United Ways of Hillsborough and Pinellas Counties
Posters
R.R. Simmons Construction
First Place
, Morton Plant Mease
Second Place'
Postt Buckley, Schuh & Jernigan
S1. Josephts Hospital
Honorable Mention
Best U.'Ie of Theme
-
Lykes Bros. Inc. "
First Place ..' , .
Celotex "
Morton Plant Mease
Second Place
The West Company
Honorable Mention
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Special Events
Post, Buckley, Schuh & Jernigan
First Place
Celotex
Second Place
Morton Plant Mease
USAA
Honorable Mention
Videos
St. Petersburg Times
First Place
rECO Energy, Inc.
Second Place
USAA
The West Company
Honorable Mention
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Newsletters
The Tampa Tribune
FirstPlace
Arthur Andersen
Second Place
81. Petersburg Times
Honorable Mention
Year Round COIII",unicntion,y-
Time Warner Communication
First Place
U8AA
Second Place
Overall COlllmm,ication
"
New.defter Articles
The Tampa Tribune
First Place
81. Petersburg Times
Second Place
'\, USAA~'
Honorable Mention '.
Special Reco~"itioll (JllvitatiOlls)
Lykes Bros. Inc.
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a..EARWATER COMMISSIONER VOTING RECORD
~n CCHA requests
for Neighborhood Protection
Early Sorenson, Secretary, Historic Bayview Association
606 South Bayview Avenue. Clearwater, Florida 33759
esorenson@prodigy.net
Commission Garvey Clark Hooper Johnson Seel
Total................................................... ..................._.............. -6 -6 -1 -5 -3-1
Description Date Item
19981210 Ord 6348-99 -1 -1 -1 -1 -1-1
Please do not enact the new "Community Deveopment Ordinance" until Staff has finished
revising it and CCHA has had a chance to review and comment on the revisions,
19971204
MCC1297
-1
-1
-1
-1
1
-1
Please do not approve the Bricks Management project. because it inadequately buffers the
adjacent Johns Parkway neighborhood.
19970717 MCCOIB.97 -1 -1 1 -1 -1 1
Please do not approve the Wilson Company project, because It more than doubles the number
of subsidized housing units at Condon Gardens, threatening to create a riot-generating slum
which would threaten residents of numerous nearby neighborhoods.
19960801 MCC08A.96 -1 -1 1 -1 -1 1
t"lease do not change the <..ondltlons ot Approval to allow ail-night operation ot Wal Mart, as
this generates late-night noise invading the peace and serenity of the Coachman Ridge
neighborhood.
1996 not scheduled -1 -1 -1 -1 -1-1
Please purchase the Conley Tract and work with Pinellas County to build an Environmental
Education Park there, to protect the Bayview neighborhood against commercial encroachment.
.19950817 MCC08B95 -1 -1 0 0 0 0
Please do not approve the Meader/FINA rezoning, because it inadequately buffers the
adjacent Bayview neighborhood.
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Clearwater City Commission
Agenda Cover Memorandum
Worksesslon Item #:
Final Agenda Item #
8
Meettng Date:
2/18/99
SUBJECT:
Annexation and Zoning Atlas Amendment for 1329 Fairmant Street; Owner: Detrano Pine
Ridge Land Trust/Charlie Harris (A99-01 )
MOTION: Approve the Petition for Annexation and Zoning Atlas Amendment to Single Family
Residential "Eight" (RS-8) for Lot 2, Block AI Pine Ridge Subdivision, and pass Ordinances No.
6387-99 and 6388-99 on first reading,
I&J and that the appropriate oHicials be authorized to execute same.
SUMMARY:
· The application involves the annexation of a single family residential property in order to obtain
sanitary sewer service from the City. The subject property is located approximately 110 feet north of
Parkwood Street and 70 feet west of Rollen Road. A sewer liner is available in front of the property in
Fairmont Street right-at-way to provide the needed service.
· Appropriate impact fees at $900.00 was paid by the applicant on December 08, 1998.
· Assessed value at the subject property is $43,300.00. Yearly taxes paid amount to $961.96.
· It is anticipated that the Planning and Zoning Board will approve the request at their regularly
scheduled meeting on February 02, 1999. Staff will report the results from the Planning and Zoning
Board meeting to the City Commission.
Revlowed by:
Legal
Info Srvc
Originating Dept:
PLANNING & DEVEl
SERVICES
User Dept.
PLANNING & DEVELO"'E~
SERVICES 1lJtIO'
Costs
Budget N/A
Public Works ~
DCM/ACM
Other
Total
Funding Source:
Purchasing N/A
Risk Mgmt N/A
Current FY
CI
OP
Other
Attachments
ORDINANCES NO. 6387.99 &
6388-99
ZONING MAP
..~ UTILITIES MAP
,. J LOCATION MAP
Submitted by:
CIty Manager
(Y\:rQ A
CJ None
A ro rlatlon Code:
Printed on recyded paper
2/98
RIl\'.
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MEMORANDUM
PLANNING AND DEVELOPMENT SERVICES
TO:
City Commission
FROM:
Ralph Stonst Planning Director
THROUGH:
PLANNER
IN-CHARGE:
Mike Roberto. City Manager
Etim S. Udoh, Senior Planner
DATE:
January 20 , 1999
,
SUBJECT:
Proposed annexation of single family residential property at 1329 Fairmant Street
, A. BACKGROUND INFORMATION:
. Applicant (5):
Ostrano Pine Ridge Land TrusUCharlie Harris
. Location:
This property is located at 1329 Fairmant Street, approximately 110 feet north of Parkwood Street & 70
feet west of Rollen Road
. Legal:
Lot 2, Block A, Pine Ridge Subdivision
. EXisting Zoning and Future Land Use of Applicant's and Surrounding Properties
+2~~TION:: ,~,ltfqlT'(Y>:;> ; F~TURE: ~~(]':::;;.::. . z:ONIN~ 'ACTUAL: USE':':,;:' . . .,
H:::"",,:'''''' "OR,/,,<.:: .;~+ ~.USE PLAN:, .:< :.....:. . ::. . .' '. ..
:.:":::: ." , ::COUNTY':. 'CATEGORY::' . .
Residential Urban
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Residential Urban
Residential Low
Residential Urban
Residential Urban
R-3
:RS~8;'.
RS-8
R-3
RS-8
RS-8
. .
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Single family residential
.. .Singl.e:famTI/residenttaF.,., . .:.'
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residential
residential
residential
residential
~
A 99-01
. Page 2
· Size of the Property:
0.18 acres
· Existing and Proposed Use of the Subject Property:
Single family residential
· Proposed Zoning District:
Single Family Residential"EightlJ (RS-8)
· Code Section:
Section 37.21. Article II of Chapter 37
. Zoning District Restrictions:
DESCRIPTION
. ... ..... "RS 8 ..... '"
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::50JE1l3fminiml.ur(:::'. : .: '. . .
.SOfeet' minimum::':::::.':.:;'.." :'::<:
EXISTING
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Densit
Lot Area
Lot Width at set back line
De th
N/A
7,772 s . feet
67 feet
116 feet
B. SUMMARY:
· The application involves the annexation of a single family residential property in order to obtain
sanitary sewer service from the City. The subject property is located approximately 110 feet north of
Parkwood Street and 70 feet west of RoHen Road. A sewer liner is available in front of the property in
Fairmont Street right-of-way to provide the needed service.
. Appropriate impact fees of $900.00 was paid by the applicant on December 08, 1998.
· Assessed value of the subject property is $43,300.00. Yearly taxes paid amount to $961.96.
· It is anticipated that the Planning and Zoning Board will approve the request at their regularly
scheduled meeting on February 02. 1999. Staff will report the results from the Planning and Zoning
Board meeting to the City Commission.
c. FINDINGS OF FACT:
. Staff recommendation is supported by the following findings of fact:
1. Whereas, the applicant has submitted an application pursuant to Section 37.05 (1 &2)(a-c) for a
voluntary annexation into the City of Clearwater in order to obtain sanitary sewer service from the City;
and
2. Whereas, the subject property is contiguous to the City's limit on the north, east and west, and
therefore this annexation will not create an enclave situation; and
'.' .' + ': ~ ,~l ~ ,~. E '
A 99-01
Page 3
3. Whereas. the annexation and zoning atlas amendment to Single Family Residential "Eighttl (RS-8)
appear to meet the Standards of submission, review and consistency with other regulations as' set forth
;n Sections 37.05, 37.21 and37.22 of the Land Development Code, Articles 1 & II of Chapter 37; and
4. Whereas. the proposed zoning district of Single Family Residential II Eight" (RS-8) classification will be
consistent and compatible with the existing land use plan designation of residential urban category
under the Countywide Future Land Use Plan Classification; and
5. Whereas. the subject property is currently being u'sed as a single family residential home and the use
is anticipated not to be changed; and
6. Whereas, there is sufficient sanitary sewer capacity available to serve this property; and
7. Whereas. the area where the subject property is located is served by the Pinellas County Sheriff's
Department and will be served by the Clearwater Police Department upon annexation; and
8. Whereas, the subject property is currently within the Clearwater Fire District and will remain as such
after annexationt and therefore the annexation will not affect the fire rescue services currently
being provided; and
9. Whereas, emergency management service is already provided to this site and the current countywide
EMS millage of .7410 will continue to be levied on ad valorem basis; and
10. Whereas) no other reviews are required either by the Pinellas Planning Council (ppe) or the
Department of Community Affairs (DCA) for this annexation; therefore
D. RECOMMENDATION:
· Based upon the analysis conductedt documentary evidence submitted by the applicant, and the findings of fact
listed above, staff recommends APPROVAL to the City Commission of the proposed Annexation and Zoning
Atlas Amendment to Single Family Residential "Eight" (RS-8).
. ABBREVIATIONS: R-3 = Residential, Single Family District (County); RS-8 = Single Family
Residential UEighe' District (City) &.u. p.a. = Residential units per acre.
CC A99-01
~,
I:
-
ORDINANCE NO. 6387~99
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED
APPROXIMATELY 110 FEET NORTH OF PARKWOOD STREET
& 70 FEET WEST OF ROLLEN ROAD. CONSISTING OF LOT 2,
BLOCK "'A", PINE RIDGE SUBDIVISION, WHOSE POST OFFICE
ADDRESS IS 1329 FAIRMONT STREET; CLEARWATER, INTO
THE CORPORATE LIMITS OF THE CITY, AND REDEFINING
THE BOUNDARY LINES OF THE CllY 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 ClealWater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now. therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed Into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 2, Block "'A'" PINE RIDGE. according to plat or map thereof recorded in Plat
Book 28, Page 98 of the Public Records of Pinellas County, Florida (A99~01)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of ClealWater 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 Planning and Development Services Administrator 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 Pine lias County, Florida. within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K. Dougall-S es
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 6387.99
i,.o.
ORDINANCE NO. 6388-99
AN ORDINANCE OF THE CITY OF CLEARWA TERt FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 110
FEET NORTH OF PARKWOOD STREET & 70 FEET WEST OF
ROLLEN ROAD, CONSISTING OF LOT 2. BLOCK -An, PINE
RIDGE SUBDIVISION, WHOSE POST OFFICE ADDRESS IS
1329 FAIRMONT STREET, CLEARWATER, UPON ANNEXATION
INTO THE CllY OF CLEARWATER, AS SINGLE FAMILY
RESIDENTIAL uEIGHT" (RS-8); PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and Is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, Is hereby
zoned as indicated upon annexation Into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
ZonlnQ District
Lot 2. Block -A-. PINE RIDGE. according to plat
or map thereof recorded in Plat Book 28, Page
98 of the Public Records of Pinellas County
(A 99-01)
Single-Family Residential UEight" (RS-8)
Section 2. The Planning and Development Services Administrator is directed to revise the
zoning atlas of the City in accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption. contingent upon
and subject to the adoption of Ordinance No. 6387-99.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6388 -99
-"-
-
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PROPOSED ANNEXATION AND ZONING CLASSIFICATION
OWNER:
ADDRESS:
DotTano Pk10 Rldge Land Trult/
?3'~ ~=ont Street
Clearwater FL 33755
A: 99-01
PROPERTY DESCRIPTION:
LOT 2, Block tlA", Pine Ridge Subdivision
LAND USE PLAN
FROM: Residential Urban
TO: Residential Urban
ATLAS PAGE: 269B
ZONING
R-3
RS-8
PROPERTY SIZE ACRES: 0.18
Rlght- of- wa y:
SEe: 10 TWP: 29
ACRES:
RANGE: 15E
PLANNING AND ZONING BOARD: February 02. 1999 CITY COMMISSION: February 18. 1999
Prepared by. EA- Public Works Administration
43/04
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OWNER:
ADDRESS:
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PROPOSED ANNEXA TION AND SANIT ARY ATLAS
Detrano Pine RIdge land Trult/
Chortle HCI'lia
1.329 Fairmant Street
Clearwater FL 33755
A: 99-Ql
PROPEI3TY DESCRIPTION:
LOT 2. Block "A" I Pine Ridge Subdivision
lAND USE PLAN
Residential Urban
Residential Urban
ZONING
R-3
RS-8
ACRES:
RANGE: 15E
PROPERTY SIZE ACRES: 0.'8
Rlght~of- way:
SEe: 10 TWP: 29
A TLAS PAGE: 269B
PLANNING AND ZONING BOARD: February 02, 1999 CITY COMMISSION: February 18. 1999
Prepared by: EA- Public Works Adminislration
""
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PROPOSED ANNEXA TION AND WATER ATLAS
OWNER: o.trano Pine Ridge Land Truat/ A: 99-01
ADDRESS: ?3~~ ~=ant Street PROPERTY DESCRIPTION:
Clearwater FL 33755 LOT 2, Block "A", Pine Ridge Subdivision
~A~D USE PLAN ZONING
FROM: Residential Urban R-3 PROPERTY SfZE ACRES: O. t 8
TO: Residential Urban RS-B Rlght- of- way: ACRES:
A TLAS PAGE: 2698 SEe: 10 TWP: 29 RANGE:15E
PLANNING AND ZONING BOARD: February 02. 1999 CITY COMMISSION: February lB. 1999
Prepared by: EA- Public Works Administration
,.
Site
1329 F AIRMONT STREET
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Prep<red By. [A..-Publ~ Works Mni1~trotioo
~-
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Clearwater City Commission
Agenda Cover Memorandum
Worksesslon Item #:
Final Agenda Item #
3
Meeting Date:
2/18/99
SUBJECT:
Annexation and Zoning Atlas Amendment for 3006 Grand View Avenue; Owners: Frederic B.
Moreau & Michelle K. Moreau (A99-02)
MOTION: Approve the Petition for Annexation and Zoning Atlas Amendment to Single Family
Residential USix" (RS-G) for Lot 13 together with the West 55 feet of Lot 12, Block G, Kapok
Terrace Subdivision, and pass Ordinances No. 6389-99 and 6390-99 on first reading.
IE] and that the appropriate officials be authorized to execute same.
SUMMARY:
. The application involves the annexation of a single family residential property in order to obtain
sanitary sewer service from the City. The subject property is under construction and located at east
corner of Bayview Avenue and Grand View Avenue. A sewer liner is availabl,e in front of the property
in Grand View Avenue right-of-way to provide the needed service.
. Appropriate" impact fees of $900,00 was paid by the applicants on January 05, 1999.
. Assessed value of the subject property on land only is $33,500.00. Yearly taxes paid amount to
$744.24. It is anticipated that yearly taxes on the property will change at the completion of the new
building at this site.
. It is anticipated that the Planning and Zoning Board will approve the request at their regularly
scheduled meeting on February 02, 1999. Staff will report the results from the Planning and Zoning
Board meeting to the City Commission.
~
Originating Dept:
PLANNING & D PMENT
SERVICES
User Dept. F
PLANNING & DEVEL M T
SERVICES
Costs
Rovlewed by:
Legal Info Srvc
Budget NIA PubHc Works
Purchasing NIA DCM/ACM
Risk Mgmt N/A Other
Total
Funding Sourco:
Current FY
CI
OP
Other
Submlttod by:
City Manager
(V\ ~ Q
Attachments
ORDINANCES NO. 6389-99 &
6390-99
ZONING MAP
UTILITIES MAP
LOCATION MAP
o None
A ro rlatlon Code:
Printed on recycled peper
2/98
Rev.
~_ ..,~_t;..~ :~i..".
MEMORANDUM
PLANNING AND DEVELOPMENT SERVICES
TO:
City Commission
FROM:
Ralph Stone, Planning Director
THROUGH:
Mike Roberto, City Manager
PLANNER
IN-CHARGE:
Etim S. Udoh, Senior Planner
DATE:
January 20 I 1999
SUBJECT:
Proposed annexation of single family residential property at 3006 Grand View Avenue
A. BACKGROUND INFORMATION:
. Applicant (s):
Federic B. Moreau & Michelle K. Moreau
. Location:
This property is located at 3006 Grand View Avenue, at the east corner of Bayview Avenue & Grand
View Avenue
. legal:
Lot 13 together with the West 55 feet of Lot 12, Block G1 Kapok Terrace Subdivision
{
~ . EXisting Zoning and Future land Use of Applicant's and Surrounding Properties
t
"
... ... ,...
... ..
. .... . . .
. .. . "." ..
. ..... ....
, "
. ...... ...
...... ..
.. . . . .. .. . . . ... . .
County
Residential Low
R-3
Single family residential
under construction
. .. .. p . , .". ,.. . ..., . ..., . ..,
,~'S::.s ". :'Sing'~;f~!i1(iy .res'iden(i~i; ';:::::::. :.
Residential Low
Residential Low
Residential Low
Residential Low
Medium
R-3
RS~
R-3
RMH
...., . .. .
. . . .. . . .. .. . . . .
.. .
...... , ....
,......H. . .. d..... ...
" . r ~ .
~--
. ... "H" ,~ . .. . .
A 99-02
Page 2
. Size of the Property:
0.26 acres
· Existing and Proposed Use of the Subject Property:
Single family residential (building under construction)
. Proposed Zoning District:
Single Family ResidentialllSix" (RS-6)
. Code Section:
Section 37.21, Article II of Chapter 37
. Zoning District Restrictions:
Density
Lot Area
Lot Width at set back line
Depth
:.,:",;:: ::::.: ">, :;.':~ . RS';.EL ::,:,:; .:'. ::", :i:: ,:: <~
He' ""h.' < . .. 'P"H"" ..
.:.. ,....... R.....e...:Q. ...U.:..I..R.....e...M..... e" 'N'''T'' s.:..::::: .;:.:
.. ... ...... ... ..,
. . P. ... .. .
..... ... ., .. ..
. .. .::.... . ..:c; ";H
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, ~ : ;::&.1; ~.: :-::,:,.;;, ..::
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:: 't ,S ." ..:mlnlmum:..::::.,::::.:,::
::70 'feef :riiirii'mum ':'::: ;:: :':::;;:: :'::: ~:::;:
"85'f8' .e....t..m.. ''In'''lm'' .....m... ;::.,:: "':.::., ..
. ,. u """,,"'., , ...
EXISTING
DESCRIPTION
N/A
11.500 SQ. feet
100 feet
115 feet
B. SUMMARY:
. The application involves the annexation of a single family residential property in order to obtain
sanitary sewer service from the City. The subject property is under construction and located at the
east corner of Bayview Avenue and Grand View Avenue. A sewer liner is available in front of the
property in Grand View Avenue right-of-way to provide the needed service.
. Appropriate impact fees of $900.00 was paid by the applicants on January 05, 1999.
. Assessed value of the subject property on land only is $33,500.00. Yearly taxes paid amount to
$744.24. It is anticipated that yearly taxes on the property will change at the completion of the new
building at this site.
. It is anticipated that the Planning and Zoning Board will approve the request at their regularly
scheduled meeting on February 02, 1999. Staff will report the results from the Planning and Zoning
Board meeting to the City Commission.
C. FINDINGS OF FACT:
. Staff recommendation is supported by the following findings of fact:
1. Whereas, the applicant has submitted an application pursuant to Section 37.05 (1&2)(a-c) for a
voluntary annexation into the City of Clearwater in order to obtain sanitary sewer service from the City;
and
2. Whereas, the subject property is contiguous to the City's limit on the south and west, and therefore this
annexation will not create an enclave situation; and
" ,
._._~~---_..
A 99-02
Page 3
3. Whereas, the annexation and zoning atlas amendment to Single Family Residential IISix" (RS-6)
appear to meet the Standards of submission, review and consistency with other regulations as set forth
in Sections 37.05, 37.21 and 37.22 of the Land Development Code, Articles 1 & II of Chapter 37; and
4. Whereas. the proposed zoning district of Single Family ResidentialllSix" (RS-G) classification will be
consistent and compatible with the existing land use plan designation of residential low category under
the Countywide Future Land Use Plan Classification; and
5. Whereas, the subject property is currently under construction as a single family residential home and
the use is anticipated not to be changed; and
6. Whereas. there is sufficient sanitary sewer capacity available to serve this property; and
7. Whereas, the area where the subject property is located is served by the Pinellas County Sheriffs
Department and will be served by the Clearwater Police Department upon annexation; and
8. Whereas, the subject property is currently within the Clearwater Fire District and will remain as such
after annexation1 and therefore the annexation will not affect the fire rescue services currently
being provided; and
9. Whereas, emergency management service is already provided to this site and the current countywide
EMS millage of .7410 will continue to be levied on ad valorem basis; and
10. Whereas1 no other reviews are required either by the Pinellas Planning Council (PPC) or the
Department of Community Affairs (DCA) for this annexation; therefore
D. RECOMMENDATION:
. Based upon the analysis conducted1 documentary evidence submitted by the applicant, and the findings of fact
listed above. staff recommends APPROVAL to the City Commission of the proposed Annexation and Zoning
Atlas Amendment to Single Family Residential "Six" (RS-6).
. ABBREVIATIONS: R-3 = Residential. Single Family District (County); RS-6 = Single Family
ResidentialllSix" District (City), RMH = Residential Mobile Home & u. p.a. = Residential units per
acre.
CC A99-02
ORDINANCE NO. 6389.99
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE
NORTHEAST CORNER OF BAYVIEW AVENUE AND GRAND
VIEW AVENUE. CONSISTING OF LOT 13 & WEST 55 FEET OF
LOT 12, BLOCK "G". KAPOK TERRACE SUBIDIVISION, WHOSE
POST OFFICE ADDRESS IS 3006 GRAND VIEW AVENUE. 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 CllY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property Is hereby annoxed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 13 & West 55 Feet of Lot 12, Block "G., Kapok Terrace Subdivision, as
recorded)n Plat Book 36 Page 14 ofthe Public Records of Pinellas County, Florida
(A 99-02)
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 Planning and Development Services Administrator are directed to include and
show the property described herein upon the official maps and records of the City.
Section 3, This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, Including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Attest:
Leslie K. Dougall-Sid s
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 6389-99
-
_ _'1::..
- -
.....
..
ORDINANCE NO. 6390-99
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCA'rED AT THE NORTHEAST
CORNER OF BAYVIEW AVENUE & GRAND VIEW AVENUE,
CONSISTING OF LOT 13 & WEST 55 FEET OF LOT 12, BLOCK
"G", KAPOK TERRACE SUBDIVISION, WHOSE POST OFFICE
ADDRESS IS 3006 GRAND VIEW AVENUE, CLEARWATER.
UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS
SINGLE FAMILY RESIDENTIAL 'SIX" (RS-6); 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 Plnellas County. Florida. is hereby
zoned as indicated upon annexation into the City of ClealWater. and the zoning atlas of the City is
amended, as follows:
Property
Zonina District
Lot 13 & West 55 Feet of Lot 12, Block "G",
Kapok Terrace Subdivision, as recorded in Plat
Book 36 Page 14 of the Public Records of
Pine lias County. Florida (A 99-02)
Single-Family Residential"Six" (RS-6)
Section 2. The Planning and Development Services Administrator is directed to revise the
zoning atlas of the City in accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 6389-99.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K. Dougall-Sid
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
OrdInance No. 6390-99
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PROPOSED ANNEXA TION AND ZONING CLASSIFICA TION
OWNER: Frederic B. Moreou & Michelle K. Moreau
ADDRESS: 3006 Grand View Avenue
Clearwater, Fl 33759
ZONING
R-3
RS-6
A: 99-02
PROPERTY DESCRIPTION:
Lot 13 together with the West 55ft. of
Lot 12, Block "C", Kopok Terrace
PROPERTY SIZE ACRES: 0.26
Right. of- way:
SEe: 9 TWP: 295
LAND USE PLAN
Residen ticl Low
Residential Low
FROM:
TO:
A TlAS PAGE: 283A
ACRES:
RANGE:16E
PLANNING AND ZONING BOARD: February 2. 1999
CITV COMMISSION: February 18. 1999
Prepared by: EA- Public Works Administration
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PROPOSED ANNEXA TION AND SANIT ARY ATLAS
OWNER: Frederic 8. Moreau & Michelle K. Moreau A: 99-02
ADDRESS: 3006 Grand View Avenue PROPERTY DESCRIPTION:
Clearwater, FI 33759 Lot 13 together with the West 55ft. of
LAND USE PLAN ZONING Lot 12. Brock "G", Kapok Terrace
FROM: Residential Low R-3 PROPERTY SIZE ACRES: 0.26
TO: Residen tial Low R5-6 Right-o'-way: ACRES:
ATLAS PAGE: 283A SEe: 9 TWP: 295 RANGE: 16E
PLANNING AND ZONING BOARD: February 2. 1999 CITY COMMISSION: February 18. 1999
Prepared by: EA- Public Works Administration
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PROPOSED ANNEXA TION AND WATER ATLAS
OWNER: Frederic B. Moreau & Michelle K. Moreau A: 99-02
ADDRESS: 3006 Grand View Avenue PROPERTY DESCRIPTION:
Clearwater, FI 33759 Lot 1.3 together with the West 55ft. of
LAND USE PLAN ZONING Lot 12, Block "G", Kapok Terrace
FROM: Residen tial Low R-3 PROPERTY SIZE ACRES: 0.26
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ATLAS PAGE: 283A SEe: 9 TWP:29S RANGE: 16E
PLANNING AND ZONING BOARD: F ebru ar y 2, 1999 CITY COMMISSION: Fflbruary 18. 1999
Prepared by: EA- Public Works Administration
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Cleanvater City Co'nunission
Agenda Cover Memorandum
Worksesslon Item I:
~lnal Agenda Item # ~ 0
MeetIng Date: 2118/99
SUBJECT/RECOMMENDATION:
Denial of the request of a variance to allow the proposed canopy sign to be installed on the
commercial property known as Eckard Drug Store located at 501-525 S. Belcher Road (the corner of
Belcher and Gulf to Bay).
(SV 99.01)
IBJ and that the appropriate officIals be authorized to execute same.
SUMMARY: The recommendation of denial is based on the following conclusions:
1. There are no special circumstances related to physical surroundings, shape or topographical
conditions that would warrant the granting of a variance.
2. The strict application of the provisions of the code do not deprive the applicant of the reasonable
use of the land or buildings.
3. The variance is based on a desire for economic gain.
4. The granting of the variance will not be in harmony with the general purpose and intent of the
land development code and the comprehensive plan.
This property is located at 501-525 S. Belcher Road. The property is zoned eG.
Costs:
NlA
Commission Action:
Submitted by:
(Y\~'(~
City Manager \...V
o Printed on recycled paper
o Not Required
Arfected Parties
o NotitJod
o Not Required
~(:i ~k;~.!f{~:: ;.;.:~~r;~~~~{t~!:~-t~: [J Approved
Total 0 Approved with Conditions
~fi~~/~~/)):t~~)}~t~;~;t1~l~ [J Denied
CUrfon( fj(;Cg1 Year 0 Continued to:
Funding Source: NlA
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CITY OF CLEARWATER
SIGN VARIANCE STAFF REPORT
CASE # SV 99-01
TO: City Commission
FROM: Lorenzo Aghemo. Administrator, Planning and Development
Services
THROUGH: Mike Roberto, City Manager
PLANNER IN CHARGE: Mark T. Pa~, Planner
HEARING DATE: February 18 ,1999
CASE #: SV 98-24
APPLICANT/REPRESENTATIVE: Ellis and Co., L TD.rrodd Pressman
ADDRESS: 501-525 S. Belcher Road/comer of Belcher and Gulf to Bay
LEGAL DESCRIPTION: 18/29/16/00000/320/0500
AREA: 357,396 sq.ft or 8.205 acres
EXISTING USE: Commercial - Eckerd's Drug Store
ZONING: CG - General Commercial District
SURROUNDING LAND USES:
North: Commercial
South: Office
East: Commercial
West: Commercial and across Belcher is a Mobile Home Park
PROJECT DESCRIPTION:
The applicant is requesting a variance to allow an additional canopy sign, "Pharmacy Drive-Thru"
(14.10 sq.ft.), to be installed resulting in a total of 84.08 sq.ft where 64 sq.ft is allowed. (note: the
existIng signs, "EckerrJ" and "Drive-111ru Rx" were permitted st a total 64.56 sq.ft., 0.56 sq.ft over and above what is
allowed and an Enter (5.42 sq.ft.) sign, as shown on the rear elevation was installed without a permit or variance request
resuffing in 8 total square footage of 69.98 sq.ft.)
VARIANCE REQUESTED:
::TYPlfoF,\iARIAN'C:e:!!;!!!::::Y::::'REQUI"REMENT/COOE:":' :',::!' T ,'." 'EXISTING:':;C":'::, !::!:::':'~\iARlANCE.:::'n
d.j!liiii:;iiiili:~wflWmli!ii!:;i!:;!ii:!i!iii:!!;::i;i:!~I!![Ji' it::j~ij)]iiii!;![1!!!!i:i;:!::~;:crr ATJON:!!i!ii:!!iif:;!;,iri:j;.;.iijj;1i :j;i;;.,:::j;:;ii:!,:;i:f:;:.::::!!~::~i!:i::il:j]l'i:,:;iJ:); j11i:;'j;:R.~Q,Q~$t~.Q;~::.::
Square Footage 64sq.ftI44.51 (4),e,1 b 64.56 19.52 sq.ft.
SV 99.,()'J
Page 2
STANDARDS FOR APPROVAUCOMPLlANCE WITH STANDARDS:
Section 44.51 of the Land Development Code sets forth the standards for approval that are to be
applied to each application. The Code further requir~s that the application and the evidence
presented clearly support all of the conclusions enumerated below. The following is the analysis of
each one of those standards performed by staff.
(1) There are specIal circumstances related to the particular physical surroundings, shape or
topographical condItions applicable to tho 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.
Summary of Applicant's submittal: The applicant states that a safety and vehicular flow problem has
developed in that customers are attempting to use the drive-thru lanes for other than pharmacy
services.
Staffs Analysis: The placement of the building on the lot and jt's orientation are quite similar to other
business throughout the City of Clearwater in this and similarly zoned.areas. There are clear views
of the buUding from Gulf to Bay Blvd. and S, Belcher Road. The problems that the applicant is
experiencing are due to improper placement of signage and poor sign language on the existing
signs. The problem is neither site nor building specific or dependent. The problem can be easily
addressed by replacing or resizing current signs which will not only correct the problem stated but
also will bring the applicant's site into compliance with the code.
(2) The strict application of the provisions of the code would deprive the applicant of the
reasonable use of the land or buildings.
Summary of applicant's submittal: The applicant states that it is necessary to help reduce the impact of
users trying to access the wrong area of a store, in the middle of a vehicular location, and infonn drivers
not to approach certain areas of the store's drive isles. This placement relates to the roadways and
circulation of vehicles and the flow of traffic around the store and the site.
Staffs Analysis: It is unclear how the above statement relates to reasonable use of the land or buildings.
Denial of this sign variance request will not deprive the applicant of any use of said building or land. In
fact, the applicant has been presented with options by Staff which will clarify their apparent vehicular flow
problem and keep the site within code guidelines. It appears that the problem is the customer who uses
the Pharmacy Drive-Thru for the purpose of conducting business other than pharmaceutical order
placemenUpick-up. Staff recommends that the existing sign currently placed on the Northwest comer
of the building, "Drive-Thru Rx", be removed and a permit obtained for the placement of the proposed
sign, "Pharmacy Drive-Thruu. This will result in 64.08 of signage (Eckard - 44.56; Pharmacy Drive-
Thru - 14.1; Enter - 5.42) and the s;gange will be in compliance.
(3) The variance Is not based exclUSively upon a desire for economic or other material gain by
the applicant or owner.
Summary of Applicant's submittal: The size and purpose of the sign is to help direct customers,
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SV 99-01
Page 3
Staffs Analysis: While the variance request is primarily to clarify the use of the drive-thru window, the
request also serves to advertise an economic use of the property.
(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.
Summary of Applicant's submittal: The size of the sign is small and is designed to control a vehicular
prOblem and is related to traffic flew around the site.
Staffs Analysis: The variance request is not in harmony with the general purpose and intent of the
land development code and comprehensive plan, Specifically it violates the purposes of the Sign
Code in Section 44.04 (3) by creating visual clutter which will compete for the attention of pedestrian
and vehicular traffic and Section 44.04 (8) by exceeding the minimum number of signs reasonably
necessary to identify a business location and the nature of any such business.
FINDINGS OF FACT:
1. Based on the application, the problems that the applicant is experiencing are due to improper
placement of signags and poor sign language on the existing signs. The problem is a signage
problem that can be corrected by replacing or Sizing current signs which will not only correct the
problem stated but also will bring the applicant's site into compliance with the code. There are no
special circumstances related to the particular physical surroundings, shape or topographical
conditions applicable to the land or buildings, and such circumstances are not peculiar to such
land or buildings and do not apply generally to the land or buildings in the appJicabJezoning
district.
2. The applicant enjoys reasonable use of the property. Based on the staff review of the signage,
the applicant has alternatives that will allow him to direct customers to the correct portion of the
site and create signage in compliance with the Code. Thereforel the strict application of the
provisions of the code would not deprive the applicant of the reasonable use of the land or
buildings.
3. Based on the application, the variance request is primarily to clarify the use of the drive-thru
window, however the request would more realistically serve to advertise an economic use of the
property. Therefore, the variance is based upon a desire for economic or other material gain by
the applicant or owner.
4. The proposal is not consistent with purposes of the Sign Code in Section 44.04 (3) by creating
visual clutter which will compete for:. the attention of pedestrian and vehicular traffic and Section
44.04 (8) by exceeding the minimum number of signs reasonably necessary to identify a business
location and the nature of any such business. Therefore, the granting of the variance will not be in
harmony with the general purpose and intent of the land development code and comprehensive
plan.
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SV 99-01
Page 4
, .' STAFF RECOMMENDATION: Based on the finding of fads, staff recommends DENIAL of the request of
., .., Ellis and Co., Ltd., for a sign variance to construct an additional 14.10 sq.ft. of signage (resulting in a total
. of 84.08 sq.ft.) for Eckard Drug Store, located at 501-525 S. Belcher Road. .
AlTACHMENTS:
Photographs .
. Sign Variance Application
Sketch of sJgn . .
Zone Map.
Site Context Map
. Site Plan
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CENTRAL PERMITrING DEPARTMENT
100 SO. MYRTLE AVE., 2ND FLOOR
CLEARWATER, FL 34616
PHONE: 562-4561; FAX: 562-4576
INSPECTION LINE: 562-4580
SIGN VARIANCE APPLICATION
ISV#_19-o1 J
PROPERTY OWNER(S} NAME & ADDRESS: REPRESENTATIVES(S) (if any) NAME & ADDRESS:
Ellis and Co., LTD. Todd Pressman
Please use agent ~8870 U.S. Highway 19, N., #300
Clearwater. FL 33761
TELEPHONE: ( ) TELEPHONE: ( )
ADDRESS OF SUBJECT PROPERTI':
501-525 S. Belcher Rd.
NAME OF BUSINESS (IF APPLICABLE):
Eckerd Corporation
ZONING DISTRICT: LAND USE CLASSIFICATION: LAND AREA:
CG CG 357,396 S.F.
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Attached As Attached
*PARCEL NUMBER: 18 I 29 1 16 ,00000/320 10500
"'This information is available from your tax reeeipt or contact Pinellas Co. Property Appraiser's Office at 464-3207.
If more than one Darcel number. attach 8 ~ x 11 inch sheet.
DESCRIBE SURROUNDING USES OF PROPERTY
North: East:
Commercial Commercial
South: Office West: Commercial and across Belcher is a
Mobil Home Park
V ARIANCE(S) REQUEST: Add one wall sign "Pharmacy Drive-Thru" on canopy drive through
at 14.10 square feet.
A prior variance loBS pass:ed 00 June 19, 1993, &J-97~
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STANDARDS FOR APPROVAL: A variance shall not. be granted by the City Commis8ion unles8 the application
,and evidence presented dearly support the following conditions:
1) There are special circumstances related to the particular physical surroundings, shape o'r topographical
conditions applicable to the land or buildings. and such circumstances are peculiar to such land or building8 and do
not apply genera~fs:O the land or buildings in the app.licable zon~g district becau8e:
A s:tfety ana veic fla.l problan has deVeloped in frat custarer s are sttanpting to use t:I-e drive-t.hru
lanes for otler tlmt lX"amocy services. In tmtregard trere are substantial vehicular problaIS with too nany
cars USlJ1g tl1e lanes, and lDltl-UfS tor J:fimmCy cust.arers. it 15 oesJ..red to plaCe a smu S1.gf1 00 t.te Gw...t
tn PAy!'rlrlP ton hPlp i'A"hrp t-hjc: prnhlnn ~ problan is mt directional, but infonretiooal.
2) The strict application of the provisions of the code would deprive the applicant of the reasonable use of the land
or buildings because: It is recE.>SSary to l-elp redoce the :inq:act of users trying to access tre wrcng area
of a store, in tte middle of a vehiaJ1ar locat:::i.att and inform drivers as to mt to approoch certain areas
of the store's drive aisles. 1his placaIe1t relates to t.~ rcadMays and circulatioo of veh:i.cles and tOO
fla.l of traffic around tie store and site.
3) The variance is not based exclusively upon a desire for economic or other material gain by the applicant or
owner because:
'Ire size and purJX:lSe of tOO sign is designed to mJ.p redoce th:i.9 problem.
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 othenvise
detrimental to the public welfare because:
The size is smll and is designed to t-elp cmtrol
a vehicular problan, and is related to traffic flow around tOO site.
THIS SUBMISSION GIVES AN APPLICANT THE OPPORTUNITY TO REQUEST THE VARIANCE AND
APPEAR BEFORE THE DEVELOPMENT CODE ADJUSTMENT BOARD, FEES PAID ARE NON-
REF1JNDABLE REGARDLESS OF BOARD ACTION. BY SIGNING OCUME I AM
ACKNOWLEDGING THAT ALL FEES PAID DO NOT GUARA APP A S
APPLICATION.
Sworn to and subscribed before me this 12
name of company if applicable)
essIBn and Asoociates t Inc.
, AD., 19 <;J3
by
Todd Pressmn
l&.\ ~,
Notary Public
.~
~ud
, ~ is ~ersona!.y. Irnow to me or has produced
as identification. STATE OF FLORIDA, COUNTY OF Pirellash
Commission:
'n' ~ Oopd -
*W*My CoImWIon CC8SD715
'\;10:,1 EIlp/tt, ~ 3D, 200'
Name of Notary typed. printed or stamped
NOTES:
. PROPERTY OWNER OR REPRESENTATIVE MUST A'fTEND HEARING.
. APPLICATION SHALL INCLUDE A CURRENT AND ACCURATE SITE PLAN.
FORM. SIGNS VARIANCE (Novembor 6.1996)1410.0003
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SIGN VARIANCE REQUEST
NAME: Ellis and Co., L TO I Eckard Corporationl Pressman
SVR # 99-01 PUBLIC HEARING DATE Feb. 18, 1999
ATLAS PAGE: 299A SEe: 18 IlWp: 29 S I RGE: 16 E
DEVELOPMENT CODe ADJUSTMENT BOARD
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.
Bruce Strumpi, Inc.
'114 Suulh M.r..~nurl AY\:nuc . Sullc JO!i
Clcnrwnh:r. rtmh.ln )4(,16
Jlhmu: (813) ..4').2UlU
Tth:cuph:r (fun 44".2212
March 25, 1997
To: City of Clearwater
Clearwater, Florida
Re: Eckard Drugs 429
503 South Belcher Road
Gulf To Bay Plaza
Clearwater, Florida
Gentlemen:
As authorized agGnt of the Landlord, Ellis & Co., Ltd., please be
advised that Mr. Tom Pressman of Pressman & Associates, Inc. is
authorized to represent the Eckard Drugs store at our shopping
center for a sign variance in the City.
Thank you.
Very
yours,
YUCE
( ,
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing was acknowledged before
me this 25th day of March, 1997, by
Jill Scrumpf, personally known to me.
. .1
c7~ !J. 1I~'l~~
Lois rt. Hawkins
Notary Public
-_.......-
.JS / l.dh
nW1a\':'/iii} LOIS O. HAWlQNS
f~{ i' MY ~, (Xl 503Q24
. EXPfJES: ~'D. 1m
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FfC)l\'l: TC\hib. P'I!.llld"()hw: ""(727)811o.9tt~
To: Cyndll Grol/duu Fax~ 662-4098
Pig. 1 0' I Tuudfty. F.brll.ry 18, t 11119 6'Qg PM
"
GOVERNIvlENTAL AND PUBLIC AFFAIRS ' ~ \ \
28870 u.s. HrGHvVAY 19, N~ SUITE #300, CLEAR"VATER. FL 33761 R e.-=
PH. 727-72G-VOTE (8683), FX. 727-669-8114 OR 727-796-3975 ,
CELL. 727~BO+1760. PAGER, 727-892-0739, E.MAIL, PRESSINC@AOL.COM
I
: \
Fax l\J~ssng~ fromlhe Desk of Todd Pressmun
'j
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EAX...MEMO.
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TO: Rolph Stone
: Cyndie Goudeau
FROM: Todd Pressman
DATE: Febmary 16.1999
RE: Ec~erd Sign Variance, SV99-02
I would like to take the great liberty in requesting a continuance ofthis issue until the first available
Conunission 1l1~ctil\g wheN Il full Bonrd will be in attcndnnce.
\ '
'111nnk YOll for your consideration.
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Clearwater City Commission
Agenda Cover Memorandum
Worksesslon Item #:
Final Agenda Item #
Meeting Date:
=0
2/19/99
SUBJECT/RECOMMENDA TION:
Denial of the request of Eckerd Drug Store for variances to allow: (1) eight attached signs where five
are allowed, (2) six wall signs where no more than three of anyone type of attached sign are
allowed, (3) 272.11 sq. ft. of attached signs where 64 sq.ft. is allowed and (4) 108,7 sq.ft. for each of
the two proposed freestanding signs where each sign ;s allowed 64 sq.ft on the commercial property
known as Eckerd Drug Store located at 1213 Cleveland S1. and zoned UC -E (Urban Center District -
Eastem Corridor).
(SV 99-02)
00 and thot the aDDroDrlate officials be authorized to execute same.
SUMMARY: The recommendation of' denial is based on the following conclusions:
1, There are no special circumstances related to physical surroundings, shape or topographical
conditions that would warrant the granting of a variance.
2. The strict application of the provisions of the code do not deprive the applicant of the reasonable
use of the land or buildings.
3. The variance is based on a desire for economic gain,
4, The granting of the variance will not be in harmony with the general purpose and intent of the
land development code and the comprehensive plan.
Reviewed blegalY: '''*''''~''/.<'''tM'fh.'''>''z."",J.'''' J?!~gp'lrr~~l?g..~~~r~L. .. t...,:., <
'1iJ:~'~~ '?-=}~ ~rj.::~::;::~~"(<i.:' ~~.~:~~; iG:lU~ _N -....a:YtN :..;:;::;~~
t'R'<"?;\":'" :..,.,;.:,,~,.+ ',....'*/.."........z.~~.. . ...,.. ..~.. ....;.;.,..;:.
..:.X:\~~(.~-::~.~:~~ffl~~.{~:.f.:~j.:.;-;{...:. ;h{~~i~~ti:~~.;;.. ,_... . .," .:.~:" ~~~~: ,'~~~~~~):
Budget s.:?~.:;.~:~.~.;.~~ ..;~$:::":.~~~~}~~
~~a:~ i;~~~~~;:~'~ .;:~::~;.~~: ~5tM(f0r:~:~~.~:::~>:'j~~6~; D?2X
IS ~::i~:~~~:.;~;: .<;~ ;~:1~~~:;::;~ .
DCPNACM
Other
CRT
Costs:
N/A
tr.;:\1{~g?i\81~T.~~:[~i&~;11~
ConmIsslon Action:
[] Approved
[] Approved with CondiUoos
[] Oenled
[] Conlinued to:
Total
~.~~~~iS.1t{~ff:;~;}~:~~:~.!('(~:~rt:
CuRonl Flacal Y08r
Funding Source: N/A
o Copllallmprovemenl: N/A
g o~~~~: f:t:~{'~.7t?:~Y{r:f2g~
Attachments:
,.~~~~2p,.v"",w.("~",,w,v"'m"'>:"'"
e~'_f..~x(:~1~.~t.t~wt~m~t~1%:!r.;~~xt?*;
Maps
o None
'~~:'C:'~~::::.~V
AdvertlSO'd:
i~r~l~~{~ftrl{iiiW;f~~~~ji;({~l~:
6u by: Ikl Ro rto
fV\..:rf ~
City Managct <cD
o Printed on recycled P"per
[] Not R~ulred
Affected Parties
lJ NolJtled
o Not RequIred
g:;;:~r:j1tr:iltM~~~1d~:X,;~};D<Ji~;:~;~mut.~
.~ .. '. ~..; ., . . .
. CITY OF CLEARWATER
SIGN VARIANCE STAFF REPORT
CASE # SV 99-02
TO: City Commission
FROM: Lorenzo Aghemo
Administrator, Planning and Development Services
THROUGH: Mike Roberto, City Manager
PLANNER IN CHARGE: Mark T. Pa~, Planner
HEARING DATE: February 18 ,1999
CASE #: SV 99-02
APPLICANT/REPRESENTATIVE: Cleveland Plaza, LTD.rrodd Pressman for Eckerd Drugs
ADDRESS: 1213 Cleveland Street
LEGAL DESCRIPTION: 15/29/15/65286000/0230
AREA: 57,121 sq.ft or 1.311 acres
EXISTING USE: Commercial retail
ZONING: UC -E (Urban Center District - Eastern Corridor).
SURROUNDING LAND USES: North: Commercial
South: Commercial
East: Office
West: Office
PROJECT DESCRIPTION: The applicant is requesting sign variances for a new free standing
Eckard's Drug Store to be located in front of the existing Eckerd's at the corner of Cleveland and
Missouri.
VARIANCES REQUESTED:
..... en ,d. ........,.........."............. .... ....... .. ::;'::;:;::':':'R'EQulREMENTidoo:e:'::'i::.:,.. .... .,..... .... H,. . ............ ....... i]~!:j;;i~;l:VA~AN:C~:1W)i:i!~:;
::"TYPE:t:ij;'VARI'AN'C:E:::: ':'::'::'::"PROPOSEO::::::':;::
..... .... .............. .... ......., ......,... ...........
..... .'. . .... ............ . ...........,. .... d.., " ...........
: \ I mm\\ 1 \\~ l~ 111 ~ ~jj\~ ~ m!m\1] \ii j i j 1111)] j~)!)~ l ~: i;: ~ :1\~] mj ............... .... ....... "."" ........<..
:::'''::;i;;'::.,.:..........: "'CITA T.ON"'''''' .;:.."n..;::.:',:.',"::' j}i~:]::~)'SiGNAGE;1[:mmm;1 ....... . REQUE T .....
..... ............. ............ ...................,........... :"::.: S' ED:::';;':
:}:~:::.::;.:;.;.::;:~:::'....:;. .' ::::~.:::::~::;:~;;:~~;:~~:.:.. ...... . ....h.
:~;:::~;::~..:.~:-:::::. :';::..:. ..' .. :.:~.~:::.~::.::.::~~~..H.: .: ... ... . ......
.. ,.. . .... .
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.. . ..' ... ..... . . . .. . ....
Number of Attached five signs 8 3
Signs (Front and Left 44,51 (4),h.2c
Elevation Only)
Number of Any One 3 signs 6 wall signs 3
Type of Attached Sign 44,51 (4),h,2c
(Front and Left
Elevation Only) !
Square Footage of 64 sq.ft. 272.1 1 sq.ft. 208.1 1 sq.ft.
Attached Signs (Front 44.51 (4),h,2a
and Left Elevation Only)
Square Footage of 64 sq.ft. 108,7 sq.ft. 44.7 sq.ft.
Freestanding Signs 44.51 (4), h, 1 b
STANDARDS FOR APPROVAUCOMPLlANCE WITH STANDARDS:
. Section 44.51 of the Land Development Code sets forth the standards for approval that are to be
applied to each application. The Code further requires that the application and the evidence
SV 99-02
Page 2
presented clearly support all of the conclusions enumerated below. The following is the analysis of
each one of those standards performed by staff.
(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.
Summary of Applicant's submittal: The applicant states that as a multi-use site and due to a corner
orientation the building requires a level of signage greater that that which is allowed.
Staffs Analysis: The placement of the building on the Jot and ifs orientation are quite similar to other
businesses throughout the City of Clearwater in this and similarly zoned areas.
(2) The strict application of the provisions of the code would deprive the applicant of the
reasonable use of the land or buildings.
Summary of applicant's submittal: The multi-use functionality of the building and site should allow for the
increase in signage.
Staffs Analysis: It is unclear how the above statement or the statement on the applicant's application
relates to reasonable use of the land or buildings, Denial of this sign variance request wiU not deprive the
applicant of any use of the building or land.
(3) The variance is not based exclusively upon a desire for economic or other material gain by
the applicant or owner.
The applicant states that this "request is made to provide minimal visibility per frontage to allow a
minimal amount of visibility for a multi-function use..
Staffs Analysis:
a. request one is 60% greater than allowed per 44,51 (4),h,2c;
b, request two is 100% greater than allowed per 44.51 (4),h,2c;
c. request three is 325% greater than allowed per 44.51 (4).h.2a;
d. request four is 69.8 % greater than allowed for e~ch freestanding sign per 44.51 (4), h, 1 b;
Due to the sheer number of variance requests and the difference between what is allowed and what
is requested per request combined with the highly visible location of the proposed building it is clear
that the additional numbers. heights and square footage of the various signs is essentially for
increased advertisement and therefore the request is based upon a desire for economic gain.
(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.
The variance request is not in harmony with the general purpose and intent of the land development
-~~"----,.
SV 99-02
Page 3
code and comprehensive plan. Specifically it violates the purposes of the Sign Code in Section
44.04 (3) by creating visual clutter which will compete for the attention of pedestrian and vehicular
traffic, Section 44.04 (8) by exceeding the minimum number of signs reasonably necessary to identify
a business location and the nature of any such business, and Section 44.04 (9) exceeding
reasonable sign size in relationship to the scale of the lot and building on which the sign(s) is (are) to
placed.
FINDINGS OF FACT:
1. Based on the application. the site contains existing buildings and the applicant will construct a naw
Eckard's Drug Store. the location of which is highly visible from both Missouri and from Cleveland
Streets. Therefore, there are no special circumstances related to the particular physical
surroundings. shape or topographical conditions applicable to the land or buildings. and such
circumstances are not peculiar to such land or buildings and do not apply generally to the land or
buildings in the applicable zoning district and any peculiarities that may exist will work towards
the benefit of this establishment.
2. Based Ol'l the application. the plac.ement and orientation of the building and the site coupled with
the fact that the site and building will be bordered on two sides by roads which carry a high
volume of traffic at relatively low speeds. the applicant will enjoy reasonable use of the property.
Therefore, the strict application of the provisions of the code would not deprive the applicant of
the reasonable use of the land or buildings.
3. Based on the application, the variance is requested to enhance and increase the advertisement
potential of the establishment as seen from Cleveland and Missouri Streets. Therefore, the
variance is based upon a desire for economic or other material gain by the applicant or owner.
4. Based on the application. the proposal violates the purposes of the Sign Code in Section
44.04 (3) by creating visual clutter which will compete for the attention of pedestrian and
vehicular traffic, Section 44.04 (8) by exceeding the minimum number of signs reasonably
necessary to identify a business location and the nature of any such business and Section
44.04 (9) exceeding reasonable sign size in relationship to the scale of the lot and building on
which the sign(s) is (are) to placed, Therefore. the granting of the variance will not be in harmony
with the general purpose and intent of the land development code and comprehensive plan.
STAFF RECOMMENDATION: Based on the finding of fact, staff recommends DENIAL of the request of
Cleveland Plaza, Ltd., (Todd Pressman. representative) for Eckerd Drug Store, located at 1213 Cleveland
Street for the following variances: . .
1) eight attached signs where five are allowed; .
2) six wall signs where no more than three of anyone type of attached sign is anowed;
3) 272.11 sq.ft. of attached signs where 64 sq.ft. is allowed;
4) 108,7 sq.ft. for each of the two proposed freestanding signs where each sign is allowed 64 sq,ft.;
AlTACHMENTS:
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SV 99"()2
Page 4
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.1 , ,Sign Variance Application
.. Sketch of sign. .
," erevations with signs dimensioned
:", Zone Map. ' '
Site Context Map
Site Plan
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PAGE 02
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CENTRAL PERMl1TING DEPARTMENT
100 SO. MYRTLE AVE., 2HD FLOOR
CLEARWATER, FL 14616
PHONE~ 681-4667; FAX: 661.....5'16
INSPECTION LINE: 56Z-f580
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SIGN VARIANC APPLICATION
PROPERTY OWNER($) NAME" ADDRESS: REPRESENTATlVES(S) (u Iny) NAME
Clev
1213 Cleveland Street
Clearwater, FL 33155
! ~
ADDRESS:
28870 U.S. H1 va 19, ~..
Clearw.ter. FL 33761
TELEPHONE: ( ) TELEPHONE: (721) 726-8683
ADDRESS OF SUBJECT PROPERTY:
1213 Cleveland St.
NAME OF BUS1NESS (If APPLICABLE):
, Eckerd Corp.
ZONlN Dl TRI . LAND USE If I I
UC (2) Retoil Commercial
LEGAL DESCRlPrlON or SUBJECT PROPERTY:
a. attached
LAND AREA:
57,121
.cu It. "64.3207.
Ean:
new office
So",lh.
CoPllne~1al
WotL:
office
VAR1ANC~(S) REQUES'r;
l) 2 pylon. ere allowed each at 64 square feet, 1t 1~ requested
to allow each at 123.28 S.F. 2) To a1l.c.w tnth propaetld pylm Il1p at 23,' t'IlI:ter tl1!Il tm tn' required by
cxde. J) ')he lUtler of 8t~ sip en tl1e f.rmt and ~ft de't'8t1cn (as attached) bI: et 81llere
5 ere oormlly ~. 4) ~ lill.,.. 8 Wl1.l signs of 0fIll' type. \h::re th! ~ al.J.OIo8 8 ~ of 30{ en:
SfIle t)'pe on em will. , lme {0I:Jte8e for' \I8ll sigM on t.JJ:! froot Sld left elevatioo ( attadwd)
to ~ at 272.11 3q\IU'e feet. ohre 64 sqwre feet is al.1ot,.ed.
. ...
CENTRAL PERMITTING
CITY OF CLEARWATER
a_-L..lI,
~
STANDARDS FOR APPROVAL: A variance ehall not be gran led by tho City Commission unless t.he BppUcation
and evidence preeented clearly IIUpport tho following condition.:
,
J) There aro special circumstances related to the particular physical surroundings. shape or topographical
conditions applicable to the land or buildings, and 8uch circumstances are peculiar 00 such land or buildings and do
not apply generally to the land or buildings in the applicable zoning district because:
~ is a mrllti-Uge site trotmrlntAinq several u:,e; under ern rQQf. aod $ill oust CQJtmd with tre strict
Urbm Central District sign J.e\oels. The site is also I'eld 00ck 00 signage to areas tmt are mt B\erded w1l.l
sigmge. even th:Jugh sign:i.fi.cant traffic occurs. The comer locatic:n. and surro.n:ling roocheys df3mrdg this
mirrlm.m level of visibility.
2) The strict application of the provisions of the code would deprive the applicant of the reasonable use of the land
or buildings because:
As tte use presents itself, it I11ISt r1ge 8l:ove tre code 1e\el assiwm to this level, am
in turn tre si.gnage levels, and tlBl tInt oust 00 duplicated ooto ~ street fratt.ages. The aulti~ fmctioo
of ~ site effects tte allcr..eble si.gmge.
3) Tbe variance is not based exclusively upon a desiro for economic or other material gain by the applicant or
owner because: The reqoost is nade to provide mininBl v.isihility per frootage to all"", a mininnl mnnt of
visibility for a IIUlti-fm:.tic:n use.
4) The granting of the variance will be in hannony with the general purpose and intent or t.he Land Development
Code and Comprehensive Plan and will not be materially injurious to surrounding properties or otherwise
detrimental to the public welfare because: 'The an:xmt of signage for t:l'e site is c:atp'.lred to mi.n:irml traffic
~ty for ingress and egress, almg with WEt is coosi.dered to re the lIIininuD for signage visibility.
THIS SUBMISSION GIVES AN APPLICANT THE OPPORTUNITY TO REQUEST THE VARIANCE AND
APPEAR BEFORE THE DEVELOPMENT CODE ADJUSTMENT BOARD. FEES PAID ARE NON-
REFUNDABLE REGARDLFSS OF BOARD ACTION. BY SIGNING THIS DOCUMENT I AM
ACKNOWLEDGING THAT ALL FEES PAID DO NOT GUARANTEE VAL OF THIS
APPLICATION.
0)(
day of
AD., 19 q~
to me or has produced
8S identification. STATE OF FLORIDA, COUNTY OF J1it, d6< '\
..
c.&J~ .~
Notary Public &l~ Baron GopIII -
.. My ConvriuIon CC&071 t
~~~.k.N~J
Name oCNotary typed, printed or stamped
Commission:
NOTES:
. PROPERTY OWNER OR REPRESENTATIVE MU&1' ATrEND HEARING.
. APPLICATION SHALL INCLUDE A CURRENT AND ACCUIJATE SITE PLAN,
FORM . SIGNS VARIANCE (November G. 1996) 1410-0003
FROM f SE11IJl..ER
O~'Gg'~2~ 4V.~.
l!l3 :J.43 <4272
199EJ,12-17 16'09 11374 P.02.-'02
"1 "PRESSM
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N & ASSOCIATES, INC.
AIIrIftot .
To The City of
, Florida:
Plow IC:CC'J'C dds )edor uthoriIy to allow Todd PrcumaD. ofPrcHmao Iftd AIsodatcs IDe.. to
.tpIIMt.. ~ 1M City for tho awlicadoft of 'lip ....nucc nquest. tbr the
locaIecIlt Ute SEe of' . Md ~ Al'IOMI,
ud Officer
--. State of
CcMmty of:
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..'&JuabJe COMdcraltoN. lhe ~pc "heno.1(i~ ad.IlI.,\\'IC'\i~N. d,~~ hcfl'tw !tralll. b,rl.l.in. sell.
alien. I'CflllX. rdeue. 00fI\'C1 and ('(lntinn un\<' t rlnlC'C'. I\~ $lI.:t:C~k\rs and uSl11ns. the Prape-nr
l~ill8 atfd beine. in Pillt:nu C->untr. F1\\nJa. ,'lIld 'If rlnl."\J1lrlr d('~n!lt:d u
PIKe! No 1
LOIS I II) D in.:lusi\>e, BIC1cl.: .Eo. lIIBISC'l'S (j \RDE:-:S, ar"l'rdm~ 1(\ tht: flllt thereof on file in
the Office \lrlhC' CJai, oflhe CifUJil C\'l\,.H11O and r Pmcllu ("(\Unly, Fl,'ndl recorded in Plat Book
14. pages ~~ lhrj)u~h ~9 Inclusive. SJlid lamb Sl\u IC, ~'nLt .nd ~ng in Pinellu Counly. Florida
PU(cl N\l ~
lot 23. leu street. all orklC ~4. the Wesl 1-10 Fct'l f LOI :!~. the West 1-10 reel orLol 32. all of LOl
.n. and lot 34.lw streel. THE PADGETT EST TE SLlBOI\'IS10N orlhe Nonhwc.sl 1/4 ofChe
NonhCASt 1/4 of Seclion I~. Township ;:9 Soulh Range I ~ Easl. Iccordine. 10 Ihe Pial thereof on
fiJe in the Office ofllle Clerk oflhe Circuit Counlin and for Pinellas Counly. Florida recorded in PI.I
Book 4. Pag.e II. said lands siluate. l)ing. and ~ing in PlOcllas County. Florida
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CABINET: 10" Extruded Aluminum Pointed PMS 286C Blue
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SIGN: OIF Internally illuminated Sign
fACES: Ftat White lexan
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CABINET: Fabrkaled Afumrnum Cabinet Painted PMS 266C Blue
~In BELL SIGNS, INC.
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SV # 99 02
ATlAS PAGE: 2878
SIGN VARIANCE REQUEST
NAME:Cleveland Plaza LtdJEckerd Corp/Pressman
PUBLIC HEARING DATE February 18. 1999
SEC:15 TVVP:29 S RGE:15 E
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Short History of the Clearwater Beach Roundabout
Prepared by
Charles L. Siemon
Siemoll & Larsen
. The mission ofthe Beach Redevelopment Design Project f'Clearwater Beach DesignU) was
to translate the Concept Plan for Clearwater Beach into an physical, economically and fiscally
appropriate reality. A team of consultants lead by Siemon & Larsen (the uSiernon Larsen
Consulting Team") was retained to prepare the Clearwater Beach Design.
.. The elements of the Clearwater Beach Design are based on a concept plan which was
developed through a public planning process with extensive citizen participation
. A central feature of the Concept Plan was the renovation of the westem tenninus of State
Road 60 at Clearwater Beach with a four lane road running westerly from the small bridge
to an improved intersection with North Mandalay and Coronado
. The Siemon Larsen Consulting Team advised the City Administration in September of 1009
that the trajectory of the existing condition of Clearwater Beach in terms of economy and
quality was downwar~ and potentially accelerating
.. The Siemon Larsen Consulting Team advised the City Administration that intervention in the
future of the Beach, particularly the entry way and North Mandalay, was a matter of some
urgency given existing trends
. Based on their reconnaissance, the Siemon Larsen Consulting Team determined that the
redevelopment of the Clearwater Beach entry way was the first priority in translating the
Conceptual Plan into the Clearwater Beach Design because of the character of the entry way
and the functional limitations imposed on the Beach because of traffic concurrency
. The Siemon Larsen Consulting Team evaluated many alternative intersection improvements,
including various types OfHT~ intersections, full WId partial grade-separated intersections and
roundabouts in terms of function and attractiveness
. The Siemon Larsen Consulting Team recommended that the City redevelop the beach entry
way with a large, attractive roundabout as soon as reasonably practicable to address exi!rting
congestion problems and to stimulate private investment and redevelopment on the Beach
. The proposed roundabout is consistent with the Conceptual Plan is nothing more than one
type ofintersection - in this case, a recommendation by the Siemon Larsen Consultant Team:
Ua roundabout is the most functional and attractive alternative, which is fiscally prudent and
consistent with the City's goals and objectives for Clearwatet" Beach,"
(;t:.PIES -')
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. The roundabout proposal went through a series of steps:
a Professional and public consideration of the need to improve the intersection of State
Road 60 and North Mandalay/Coronado during the preparation of the Concept Plan
a Preparation of a comprehensive traffic study of Clearwater Beach by a consulting
engmeer
a Public consideration of the issue of the intersection at the western tenninus of State
Road 60 by the City Commission during "Pennies for Pinellas" hearings and direction
to the City Administration that the design and construction of the intersection should
be completed before the new bridge and that construction should avoid the winter
tourist season, if possible
a Review and assessment by the Siemon Larsen Consulting Team of the intersection at
the western tenninus of State Road 60 in the context of rafining the circulation
element of the Concept Plan to identify the most functional and attractive intersection
CJ Traditional traffic impact analysis including state of the art computer modeling of the
function of the proposed roundabout
a On-going dialogues between the Siemon Larsen Consulting Team with city officials,
affected and interested citizens and potential Beach investors
o Public review by the City Commission after public dissemination and input
o Preliminary and final design studies by the City's Consulting Engineers including the
most pre-eminent expert in regard to roundabouts
. All of the consultants and professional staffwho were involved in the various steps had the
benefit of substantial public input over many years in regard to the needs, desires and
objections ofall elements of the commlJnity - beach residents, business persons, visitors and
citizens of the City at large and did their very best to balance the competing interests to
develop a design solution that was responsive to all interests
. The Siemon Larsen Consulting Team interviewed many different interests including all
commission mem~ representatives of the business community and members of the public
and based on those interviews and review of the City's Comprehensive Plan and the
Conceptual Plan strongly recommended that the redevelopment of the beach in general should
be directed at creating a "'great place for residents and visitors alike"
+ The Siemon Larsen Consulting Team advised the City Administration that the most important
element of creating a "great place for residents and visitors alike" was to design and construct
.,
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an intersection at the western tenninus of Slate Road 60 which was both attractive and
functional ,.
<00 The Siemon Larsen Consulting Team advised the City Administration that most attractive and
functional form of an intersection was a roundabout
... The Siemon Larsen Consulting Team advised the City Administration that the construction
of the intersection sooner rather than later would be a catalyst for redevelopment ofthe beach
and would demonstrate the City's commitment to an improved beach and would likely lead
to significant private investment
+ The Siemon Larsen Consulting Team recommendation included the possibility of pedestrian
cross-overs or overpasses across Coronado and North Mandalay, ifnecessary, or improved
crosswalks located away from roundabout.
... As a part of its recommendation, the Siemon Larsen Consulting Team noted that ordinarily
they would not support pedestrian overpasses in such an aesthetically sensitive area, but the
possibility of the overpasses connected to an elevated viewing area on the beach side of the
roundabout justified consideration of the overpasses
... In its recommendation of a roundabout, the Siemon Larsen Consultant Team made it clear
. that Uthey had not yet addres~ the issue of the design of the overpasses and viewing areas
and that the Team would not recommend overpasses unless a very attractive design was
developed,"
. The Consulting Engineers hired by the City to prepare preliminary and final designs of the
intersection determined, as a matt:r of design and function and professional judgment, that
the pedestrian cross-overs were not n~ed to provide safe and efficient pedestrian
movements across Coronado and North Mandalay
I
~ The Consulting Engineers hired by the City to prepare preliminary and final designs of the
intersection opined that even if the pedestrian cross-overs were constructed they would not
be used because of the viability of crossing at grade.
.. At the same time, on-going discussions between members of the Siemon Larsen Coosulting
Team, professional staH: elected and appointed officials and members of the public revealed
significant concern about any vertical element on the beach side of the roundabout.
~ Based on the professional judgments and recommendations of the City's Consulting
Engineers, the Siemon Larsen Consulting Team recommended that the City Administration
not construct the cross-overs. but that the design of the land to the west should anticipate
the possibility of cross-overs in the future if the marina land or the land to the north of the
roundabout and west of North MandaJay were redeveloped with multiple floor structures so
3
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that the cross-overs would provide a direct link between those redevelopments and the beach
. The computer modeling and the professional judgment of the City.s consulting and staff
engineers is that the roundabout will provide a better level of service than the current
intersection and a significantly better level of service than the nr. intersection included in the
Beach Concept Plan
. The Siemon Larsen Consulting Team and the City's professional staffare analyzing a series
of additional circulation improvements which will effect the function of the roundabout
incfuding road improvements to the north and south of the roundabout, additional otf..street
parking
. The Siemon Larsen Consulting Team has advised the City AdniliUstration that a key element
of a beach which is a "great place for residents and visitors alike" is a "public realm, e.g.
streets, sidewalks and public places" which attractive to the resident such as a the
revita1ization of North Mandalay as an desirable route to and from home in tenns oflevel of
service - functional capacity and quality/appearance
e.
. The Siemon Larsen Consulting Team has advised the City Administration that a key element
of a beach which is a Ugreat place for residents and visitors alike" is an emphasis on quality
instead of quantity .
. The Siemon Larsen Consulting Team has advised the City Administration that another key
element of a beach which is a "great place for residents and visitors alike" are strategies to
get Visitors, particularly day visitors, out of their cars for multipurpose visits, e.g. beach,
shopping and dining
. The Siemon, Larsen Consulting T earn has advised the City Administration that a key element
of a beach which is a Ugreat place for residents and visitors alike" is the development of a
comprehensive parking strategy including imposition of parking fees which reflect the true
cost offacilities and services which are provided
4
>~. ".. '.~: ~". I., .
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Euerpt, from Conceptual Pion/or Oearwata BelKh'
Is!u~ & Opportunities
B.
6.
II.
12.
16.
2.
),
6.
7.
9.
1.
11.
Bring the Pinellas Trail to the Beach.
Relocate the civic: center,
Remove/improve the Beach Branch Library,
The City needs to provide a jump-start: financial incentives, beautification efforts.
Improve traffic-Oowt especially from the northern end and onto the Beach itself.
Clarify trafficooOriented signage.
Establish a roundabout like the one at St. Armand.s Circle.
Promote walkability of the beach.
Improve crosswalks
There are too many old buildings as you arrive on the Beach, giving a bad
impression.
Create an entry experience coming onto the Beach including inunediate beach
area.
Upgrade landscaping on the Beach,
C.
D.
G.
8.
ConceptuaJ Plan
"This sub-area serves as the approach and entry to Clearwater
Beach. It allows the visitor and the resident to sense anival to a
unique, urbanized barrier uland and offers first glimpses of the
architectural character and social values of the conununity. Currently.
views to the major assets of this sub-area (namely the Clearwater
Municipal Marina, Pier 60 and its newly constructed family park, and
the GuIfitself) are congested by visuaJ clutter (in the form ofsignage
and utilities), an outdated Civic Center, a small commercial venture,
numerous surface parking lots, and unattractive commercial areas
to the north of Pier 60 Drive, Non-coordinated signage and a complex
system of rights..of-way also confuse traffic flow."
'vrhe entry to the beach should be recognized by all who arrive u
a 'pecial place that conveys the beauty and character of
a~rwater Beach....evaluation of ...[a range of alternative entry
configurations] should include CODcern forthe function oCthe roads
for auto traffic, the quality of the arrival experience, the safety
and convenience of pedestrian and bicycle movement, the
provision of functional and aesthetiCAlly pleasing open space, the
accommodation of useful public facilities, and the potential to.
. . ,',.0 I
Bold in text indicates emphasis added by Siemon & Larsen
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February 18) 1999
Telephone Calls todar
FOR re~evelopmel'lt
Mike - Pi,zza business
on beach
481-3375
supports beach rede,-eJopment
.I:~
Tom Geonis & family (l)
Island Estates ,
Supports 1 C,l F, do not
change, proceed according to
plan .
Jerry Pappas
1460 Gulf Blvd
in favor of development!
Fred Dam
658 Mandalay
for the development of
the beach
:Marcella Martell
Island Estates
Happy to see project
proceeding, keep it up
Vem & Helen Ford
Brightwater Drive
in full support of rede,'elopment
of beach
Eugene/Mom & Pop l\fotel
442~0261
Supports Cr..1 plan for
rcde,-elopment; will bring more
business
r -e.... :I/. I Z
Against redevel9pmen~
\Vanda l\1ack
443~5572
opposed to beach destruction
Sally Endwright
will come speak tonight at meeting
re: why she is against roundabout
Judy &Joe Rivais
oppose roundabout, will try to
come to meeting
Jenny Tourlis) north CB
Opposes roundabout
"
Paul V oulgaris
Paul's Realty .
in favor of redevelopment
will try to come to' meeting
Loretta & Bob Lelerc, owners
Twin Palms Gt,' Orleans Motel
Golden Dolphin
In favor of what city is doing.
Do not stop for the few. Please
continue
Telly, Olimpia Motel
446-3384
Why is this still going on. They
want redevelopment on the
beach, he sent in a petition for
this development already, The
other people don't own anything.
. Julie Fine, Ross Realty
725-2800 Please continue
redevelopment. The beach is
dated and dull and we are
in competition with other
beachers
till Hanson, Ross Realty
Working since 1983 selling
realty o,n beach. Beach needs
to be upgraded.
Bob Gayton
New Yorker Motel
Votes for full support of
redevelopment plan. Hopes
to attend meeting.
Phil Henderson
443-3372
In support of beach
redc\~e(opment plan.
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. Patsy Schnmber; 45 yr
Clwr Bench resident .
in favor of ~oundabout,
has seen positive impro\'emcnt
last 2 years.' Hopes the .
commission doesn't back down
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IF YOU ARE NOT HAPPY ABOUT THE ROUNDABOUT
We believe that spending $10 million to move two two-block
streets is a waste of money.
We believe that the current intersection has served Clearwater
Beach adequately and would not be improved by building a Roundabout_
We believe that Clearwater's picturesque Marina with sailboats
and fishing boats and a waterview with birds flying around it, and
our important fish market and seafood restaurant are more conducive
to welcoming tourists than anything that could be built there.
We believe that development on your right as you enter the Beach
would do more to help the problem areas of Mandalay Avenue than any
development at the Marina site.
We believe the removal of the light at Coronado and South
Gulfview will make South Beach traffic incredibly confusing for all
motorists, especially visitors.
The Roundabout would make interchange between North and South
Beach incredibly difficult. If a driver, coming from the South, is
unable to get on the inner lane of the Roundabout quickly, he will
have to go almost to Island Estates before he can return to
Clearwater Beach, thus adding to the Causeway traffic.
No one is even pretending that the current plans wouldn't make it
far more difficult for pedestrians to get about on the Beach.
THEREFORE, WE MAKE THIS RECOMMENDATION TO THE CITY MANAGER AND
CLEARWATER CITY COMMISSIONERS.
We like the opened up view at the Beach gateway and the proposal
of extensive landscaping on the approach to pier 60 Park. WE
RECOMMEND that the $ millions to move the streets could be better
used to purchase property for redevelopment as the Commission has
done elsewhere in the city . . .
. . . that the opened up area between the existing streets become
a well-landscaped parking LOT. This would leave the view open and
would remove approximately 600 parking spaces from the traffic before
it ever gets to the intersection.
. . . that the millions of dollars saved would be spent to
purchase the older properties to the north of the streets and the
development of a parking garage, restaurants, shops, motel, library,
civic center (whatever) be done on that property. We believe this
location for development would do more to help the Mandalay Avenue
problem than development at the Marina. Especially if it includes a
parking garage that removes more cars from the traffic before they
reach the intersection_
IF YOU AGREE WITH EVEN PART OF THE ABOVE -- We must act by the
Thursday, February 18, 1999, Commission meeting. We have a slim
chance of succeeding IF A LARGE NUMBER OF CITIZENS PARTICIPATE_
There are several ways to participate. It would be good if you did
all of them, but even one will help. Please --
1. Call one, or all of the Commissioners and tell them how you feel.
They are: Rita Garvey - 446-3845, J.B. Johnson - 726-3564, Bob
Clark - 462-6929, Ed Hooper - 669-8396, or call City Hall at 562-4040
and leave a message, or talk to city Manager Mike Roberto.
~. Call as many people as you can think of and ask them to join us,
preferably sending a copy of this flyer.
~. MOST IMPORTANT - Be there at 6:30 P.M_ at the third floor of city
Hall to speak to the commission. You are allowed three minutes but,
if all you want to say is, "I oppose the Roundabout." or "Please
leave our Marina and Seafood Market alone.1I that's fine!
WE ARE PLANNING TO PRESENT THE ABOVE AT THE COMMISSION MEETING ON
FEBRUARY 18, BEFORE THE CONTRACT FOR THE ROUNDABOUT IS APPROVED.
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INTEROFFICE MEMO ~. \ ~ ,9 J
To: Mayor and City Commissioners
From: George E. McKibben, Purchasing Manager
Copies: Michael J. Roberto, City Manager
Cynthia E. Goudeau, City Clerk
Subject: Purchases to be approved at the February 18, 1999 City Commission Meeting
Date: January 29i 1999
AU items recommended for purchase and delivery during the 1998/99 fiscal year arc included in the
approved 1998/99 budgct. Funding for contracts extending into future fiscal years will be included in
the City Manager's recommended budget for the appropriatc fiscal year. All recommended vendors are
the lowest most responsive bidders in accordance with the specifications unless a specific exception is
noted.
1. Award a contract to Cytec Industries Inc., West Paterson, New Jerscy, in the estimated amount of
$420,000, for the purchase of polymer to be utilized in all Water Pollution Control facilities during the
'contract period February 19, 1999 through February 28,2002. Appropriation code: 421-01351-
550400-535-000 (Public Works Administration)
2. Award a contract to Pinellas Pools, Inc., Holiday. Florida, in the amount of $61 A29.00, for
renovations and repairs to the Momingside swimming pool. Work will include main pool marcite, filter
modifications, leak repair and installation of a new slide. Appropriation code: 315-93225-563800-572-
000, (Quality of Life Administration)
3. Extend the contract with Grinnell Corporation, Tampa, Florida, in thc estimatcd amount of $60,000,
for the purchase of brass water fittings for utilization throughout the City by the Water Division during
the contract pcriod February 19, 1999 through February 29,2000. This is the first extension of the
contract under the temlS of the 1998 bid. Appropriation code: 421-00000-14111 o-ooo~ooo. (Public
\\'orks Administration)
4. Extend the contract with PeopleSofi USA. Inc., Plcasanton, Califomia, in the estimated amount of
$185,000, for upgrades, maintenance and support orthe Human Resources I Payroll software, during the
contract period February 1, 1999 through September 30, 2000. Exempt for bid under Section 2.564
(1)(b), sole source - proprietary software, Appropriation code: 555-09864-546200-579-000. (General
Support Services Administration)
5. Award a contract to Harley Davidson of Seminole County. Fern Park, Florida, in the amount of
$57,570, for thc purchase oftivc (5) 1999 Harley Davidson police motorcycles for utilization throughout
the City by the Police Department. This purchase is in support orthe US top Aggressive Driving
Programlt which is funded through a reimbursable Departmcnt of Transportation grant that has been
approved by the City Manager. The first quarter budget review will recommend establishment and
funding of the project. Appropriation code: 181-99342~SG41 00-521-000. (Police Department)
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6, Award a contract to Gas Solutions, Inc., Oldsmar, Florida, in the estimated amount of $60.000, for
pennitting and gas house piping installation in 'the Gas System north and south service areas during the
contract period February 19, 1999 through February 29, 2000. A first quarter budget amendment will
transfer $90,000 from appropriation code 423-02068-5311 00~532-000 to 423-02174-531100-532-000 to
provide funding for this contract. Exception to bid under Section 2.541, Code of Ordinances - Items for
resale. Appropriation codes: 423-02174-5311 00-532~000 ($40,000 - north service area) and 423-
02068-5311 00~532-000 ($20,000 - south service area). (Clearwater Gas System)
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7. Award a contract to Wright Brothers Gas Plumbing, Clearwater, Florida, in the estimated amount of
$60,000, for permitting and gas house piping installation in the Gas System north and south service
areas during the contract period February 19, 1999 through February 29, 2000. A first quarter budget
amendment will transfer $90.000 from appropriation code 423-02068-531100-532-000 to 423-02074-
531100-532-000 to provide funding for this contract. Exception to bid under Section 2.541, Code of
Ordinances _ Items for resale, Appropriation codes: 423-02174-531100-532-000 ($40,000 - north
service area) and 423-02068~5311 00-532-000 ($20,000 - south service area). (Clearwater Gas System)
Funding for the above referenced purchases is included in the FY 1998/99 Budget or will be included in
the City Manager's recommended budgets for future fiscal years.
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Tina Wilson, Budget Director
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Clearwater City Commission
Agenda Cover Memorandum
Worksesslon Item #:
Final Agenda Item # J~
Meeting D,lte: ~.) ~ ..'1 l
SUBJECT/RECOMMENDA TION:
Approve a parking incentive for Wakely & Associates in the amount of $40,000 over seven years from
the parking system and authorize the parking system to guarantee up to 50 spaces in the Garden Avenue
Garage.
IBJ and thaI the appropriate officials be authorized to execute same.
SUMMARY:
. Wakely and Associates, Inc., an actuarial and consulting firm currently located outside Clearwater, has
expressed its intention to relocate to Downtown Clearwater. The firm is negotiating to lease more than
20,000 square feet of office space.
. The relocation would add at least 125 employees which helps to fulfill our goal of attracting Industries
of the Mind and jobs that support families.
. In an effort to attract the firm, staff recommends an incentive package with a value of $100,000 over
the term of a 7 -year lease:
. At signing of a lease for more than 20,000 square feet in Downtown and the execution of an agreement
with the City and CRA, $20,000 would be paid from the Brownfields Stabilization Fund to the firm to
assist in equipping the new offices.
.. The parking system would guarantee up to 50 spaces in the Garden Avenue Garage. The firm would
receive up to $80,000 in free parking. Of that sum, $40,000 will be subsidized by the Parking System
and the CRA would pay the parking system $40,000. If legal or bonding situations change for the
system, the CRA would assume the remainder of the system's obligation. The parking incentive would
be triggered when the firm reaches more than 96 employees in Downtown.
. As the timing of the parking arrangements become necessary, the appropriate budget amendments will
be forthcoming.
N/A
~
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Originating Dept: f~
City Manager's f ""\
User Dept.
Costs
Reviewed by:
. Legal ~
Budget ~
Purchasing "r>dA
-
Risk Mgmt N/A
In(o Srvc
Public Works
DCtvt/ACM
Other
Tolal
Current FY
Funding Source:
CI
OP
Olher
Attachments
Submitted by: I ~
City Manager (\^-3 ~ I dJ
Q Printed on recvcled paper
o None
Appropriation Code:
Rev. 2198
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Clearwater City Commission
Agenda Cover Memorandum
Worksessian Item #:
Final Agenda Item II ~ 7
MeetIng Date: ~., '? . 9,
SUBJECT/RECOMMENDA TfON:
Award a contract to Kaiser Pontlac-Bulck-GMC, Inc., Jacksonville, Florida, in the amount of
$21,685 for the purchase of one (1) GMC Sierra 3500, one-ton truck chassis-cab, 4x2, with
utility body, In accordance with Sec. 2.564 (1 Hd), Code of Ordinances (Florida State Contract),
with funding to be provided under the City's Master Lease Purchase Agreement,
lEI and that the appropriate offlcials be authorized to execute same.
SUMMARY:
· Capital project 315.96745, Reclaimed Water Vehicles, is being established at first quarter to
purchase a % ton truck and this one-ton truck to be used by Reclaimed Water Operations. Funding
will be from lease purchase revenues. Only the one ton truck is being purchased at this time. .
. Funding for the debt service was Included In the Fiscal Year 1998/99 operating budget for
Reclaimed Water, but the capital project was not Included In the Capital Improvement
budget through an oversight.
Rovlewod by: OrlglnatJng Dapt: Costs
Legal ...llL.A.. Info Srvc NA Genera! Services (,~ Total $21.6B5
Budget 1 Public Works NA User Dept. Funding Source:
Purchasing .g; DCM/ACM Public Work. Adml s tlon' Current $2.388.16 CI X
Reclaimed Water FY
Risk Mgmt NA Other ~) Attachments OP X
Other
Submlttod by:
City Manager
o None
Appropriation Code:
316-96746-664100-533-000
421.()2054-571300-5B2.QOO
421-02054-572300-533-000
Rev. 2/98
IVI S ~frj
Prlntod on r.cycled paper
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Clearwater City Commission
Agenda Cover Memorandum
Workscssion Item #:
Final Agenda Itcm # J ~
Meeting Date: ~.l~. U
SUBJECT/RECOMMENDA TION:
Approve a Joint Project Agreement with the City of Largo to relocate natural gas mains during the City of
Largo's Downtown Drainage Improvement Project at an estimated cost of $75,000.
121;1 and that the appropriate officials be authorized to execute same.
SUMMARY:
· The City of largo has a project to improve the drainage system on various streets in the downtown area,
including roadway, sidewalk, and other improvements, and our existing Clearwater Gas System facilities
will conflict with the design.
· Under the Joint Project Agreement OPAl, the City of Largo's general contractor will perform the relocation
of the gas mains.
· Havil1g the City of Largo's general contractor install the gas mains allows for work to be done in a timely
manner and releases Clearwater Ga~ System from any penalty payments.
· The available balance in project 353w96312, Pinellas Line Relocation at January 22, 1999 is $557,853. The
Joint Project Agreement is an estimated cost of $75,000.
Agreement available for review in City Clerk Department
\
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Info Srvc
N/A
N/A
Originating Dept.:
Clearwater Gas System
User Dept.:
Clearwater Gas System
Costs Estimated $75,000
Total Estimated $75,000
Funding Source:
Current FY 98/99 CI
OP
Other
Reviewed by:
Legal ~
Budget
Purchasing N/A
Risk Mgmt N/A
Public Works
DCtvVACM
Olher
N/A
Attachments
Submitted by:
City Manager
Printed on recycled paptr
fY\ ~ R..
ProJeCl location map
o None
A ro rlatlon Code: 353-9&312
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CITY OF LARGO
JOINT PROJECf AGREEMENT
FOR
UTILITY INSTALLATION BY ROADWAY AND DRAINAGE CONTRACfOR
PROJECf NAME:
PROJECf NO.:
CONTRACf NO.:
Downtown Drainage Iml2Iov~ment Project
96-05
98-C-554
This AGREEMENT, made and entered into on the day of
19 . by and between the CITY OF LARGO, a municipal
corporation of the State of Florida, hereinafter called OTY, and CITY OF CLEARWATER
hereinafter called CLEARWATER GAS.
WITNESSETH~
WHEREAS, the City intends to construct improvements to:
!be dr~iJtflge system on various streets in the qpwntow area. inc1Qding roadway.
sYlewalk. and other improvements. as indicated in the plans and ~pecifications for ~
D9wntoW]\ Drainage Improvement PrQject
hereinafter relerred to as the PROJECT, which shall call lor the adjUShnent, relocation,
and/ or installation of CLEARWATER GAS's utility facilities along, over and/or under
the PROJECf, and,
WHEREAS, the adjustment, relocation, and/or installation of CLEARWATER
GAS's utility faciliti~ are to hereinafter be designated as "utility work" and,
WHEREAS, the CITY's plans for the PROJEcr have been reviewed by
CLEARWATER GAS and CLEARWATER GAS has had opportunity for input mto said
plans, and,
WHEREAS, the CITY and CLEARWATER GAS have determined that it would be
to the best interest of the general public and to the economic advantage of both parties
to enter into this JOINT PROJECf AGREEMENT for the "utility work" and,
WHEREAS, aEARW A TER GAS has expressed its desire to assume all reasonable
and necessary costs to be incurred for this "utility work" and has requested the CITY to
include in said PROJEcr certain plans and specifications to meet CLEARWATER GAS's
needs, and,
1
NOW, lHEREFORE, the premises considered, and in consideration of the sum of
One Dollar ($1.00) each to the other in hand paid, the receipt whereof is hereby
acknowledged, and in further consideration of the mutual covenants hereinaher
contained, it is agreed by the parties as follows:
1. CLEARWATER GASts ttutility work" within the limits of the PROJECf, is more
specifically described as: CLEARWATER GAS PROJECT NO.:
2. CLEARWATER GAS shall prepare, at its expense, the design of plans and
specifications for all CLEARWATER GAS's necessary "utility work" described
above and shall furnish to the CITY no later than February 25. 1999 two
complete sets of original black lined plans on standard size sheets (24" x 3611),
together with a complete set of specifications covering all construction
requirements for the "utility work". These plans and specifications shall be
. complete in every detail and shall include a tlSummary of Quantitiesll sheet
and/or "Bill of Materials" identifying the items of work, with a "final estimate of
cost", required to accomplish the "utility work," said estimate to be satisfactory to
the CITY.
3. It shall be the responsibility of CLEARW A TER GAS to coordinate the
development of the "utility work" plam with the CTIYs plans for the PROJECT.
The OTY, upon request by CLEARWATER GAS, shall provide coordination and
development of the "utility work" plans, and the OTY shall cooperate fully with
CLEARWATER GAS to this end.
4. CLEARWATER GAS shall obtain all necessary permits for construction of the
utility work, including the City of Largo's "Right--of~Way Utilization Permit'" and
provide a copy of the same to the CI1i' so as not to affect the construction of the
PROJECT.
5. The CITY does not warrant the accuracy of the ClTY's survey information.
CLEARWATER GAS shall be responsible for reviewing the CITY's survey
information and shall be responsible for any changes to CLEARWATER GAS's
plans made necessary by errors and omissions in the CITY's survey information.
6. All survey for construction of the "utility work" shall be furnished by the
CONTRAcrOR under the direction of the City Engineer.
7. All of the work, pursuant to this JOINT PROJECT, is to be done in accordance
with the plans and specifications of CLEARWATER GAS (if any) which plans and
specificationn are, by reference hereto, made a part hereof. All information
required for field changes, change orders, or Supplemental Agreements pertaining
2
to CLEARWATER GAS's "utiUty work" shall be promptly furnished to the CITY.
8. CLEARWATER GAS shall provide, at its expense, all necessary construction and
engineering inspection, testing, and monitoring of CLEARWATER GAS's "utility
work" to determine if construction is in compliance with the plans and
specifications, and shall furnish the City progress reports for diary records,
approved quantities and amounts for monthly and final estimates for the "utility
work." CLEARWATER GAS's inspector shall immediately notify the CITY
inspector of any objection to CLEARWATER GASts "utility work".
9. The CITY shall be responsible for the bidding and award of the Construction
Contract for the PROJECT and shall include the "utility work" as a separate option
item in its bidding document. After the OTY receives, opens, and evaluates the
bids, the City Engineer shall notify CLEARWATER GAS, in writing, of the CITY's
intent to award the contract to the low bidder. This notification shall include the
amount for the "utility work" option. CLEARWATER GAS shall have five (5)
days from receipt of the CITYs notification to request, in writing, that the CITY
delete this option, refund the deposited funds, and to notify the CITY of
CLEARWATER GAS's intent to perform the "utility work" with CLEARWATER
GAS's own forces or its own contractor. In order not to delay the construction of
this project, CLEARWATER GAS shall cooperate with the City's contractor to
schedule the sequence of the "utility work" so as not to delay the City's contractor.
CLEARWATER GAS does not have the right to delay or affect, in any way, the
awar? of the contract In the event CLEARWATER GAS, in performing the
"utility work," causes a delay to the ~s construction of the PROJECf,
CLEARWATER GAS agrees to pay all claims and costs in~ due to the delay.
However, CLEARWATER GAS shall not be responsible for delays beyond its
normal control. In the event the CITY, for any reason, decides either not to
proceed with the PROJECT or halts. construction of the PROjECf, the CITY will
not be responsible for any "utility work" not completed. However, in the event
the CITY halts construction, the CITY shall ensure that all CLEARWATER GAS's
facilities are restored to a condition equal to or better than that prior to
construction. .
10. CLEARWATER GAS. shall participate in the design, utility coordination,
preconstruction and other meetings as necessary for PROJECT coordination
11. All adjustment, relocations, repairs, maintenance, and incidentals required to be
performed to CLEARWATER GAS1s existing utilities within the PROJEcr, not
included in the Olutility work" shall be the sole responsibility of CLEARWATER
GAS. All such work is to be coordinated with the construction of this PROJECf
and in a manner that shall not cause delay to the ClTY's PROJECf contractor.
3
13.
14.
15.
,.
12.
CLEARWATER GAS's comments and suggestions are invited and will be
considered by the CITY; however, all services and work under the construction
contract shall be performed to the satisfaction of the City Engineer and he shall
decide all questions, difficulties and disputes of whatever nature which may arise
under or by reason oi such contTact for '.utility work"; the prosecution and
fulfillment of the services thereW\der, and the character, quality, amount and
value thereof; and his decision upon all claims, questions and disputes thereunder
shall be final and conclusive upon the parties hereto, subject to the parties rights
to contest such decisions in alternative resolution proceedings or appropriate
court actions.
CLEARWATER GAS hereb.?: certifies that funding for the estimated "utility work"
in the amount of $ 7 , 000 including 5% for construction/ contract
administration, mobilization, and maintenance of tTaffic, has been appropriated
and is available for deposit into a trust account, for the purpose of payments by
the CITY to the contractor on CLEARWATER GAS's behalf. The deposit shall be
due to the CITY no later than one (1) day prior to the bid opening of the
construction project. Interest shall accrue on the deposit balance and be used
toward "utility work" costs. In the event that the actual bid amount plus
allowances is greater than the amount previously provided, CLEARWATER GAS
agrees that, within fourteen (14) calendar days of notification by the CITY, it shall
make an additional payment so that the total amount provided prior to award of
the bid equals the bid amount plus allowances. If the accepted bid amount plus
allowances is less than the deposit amount, the CITY will refund the amount that
the deposit exceeds the bid amount plus allowances if such refund is requested
by CLEARWATER GAS. Both parties further agree that in the event final billing
pursuant to the terms of this agreement is less than the advance payment, a
refund of the excess will be made by the CITY to CLEARWATER GAS and that
in the event said final billing is greater than the advance payment,
CLEARWATER GAS shall pay the additional amount within forty (40) days from
the date of the invoice.
Upon completion of the entire PROJECf, which will be determined jointly by the
CITY and CLEARWATER GAS, CLEARWATER GAS shall own, control, maintain
and be responsible for all utility facilities included in the "utility work" according
to . the terms of the City of Largo Right-of-Way Utilization Permit.
CLEARWATER GAS further agrees that it shall maintain and keep in repair, or
cause to be maintained and kept in repair, all of such constructed facilities or
utilities.
Upon final payment to the contractor for the entire PROJECT, the cm shall,
within thirty (30) days, furnish CLEARWATER GAS with two (2) copies of its
final and complete billing of all costs incurred in connection with the work
performed hereunder, such statement to follow as closely as possible the order of
4
items contained in the job estimate and include all monthly payments to the
contractor. The final billing sha1lshow the description and site of the project, the
date on which the last work performed or the last item of billed expense was
incurred, and the location where the records and accounts bill can be audited.
Adequate reference shall be made in the billing to the CI1Ys records, accounts
for other relevant documents. All cost records and accounts shall be subject to
audit by a representative of CLEARWATER GAS.
16. Upon final payment to the contractor for the entire PROJECT, the OTY shall,
within forty (40) days, furnish CLEARWATER GAS with one (1) set of lias-built"
("record"), standard size sheet (24" x 36") lIutility work" plans.
17. Upon completion of the entire PROJECT, the CITY shall ensure that any warranty,
including materials, equipment, workmanship and closeout documents, by the
contractor constructing and/or installing facilities in accordance with this
Agreement, is passed on to CLEARWATER GAS under the same terms and
conditions as that warranty applies to facilities constructed or installed on behalf
of the CITY.
18. If any part of this Agreemen,t shall be determined to be invalid or unenforceable
by the court of competent jurisdiction, or by any other legally constituted body
having jurisdiction to make such determination, the remainder of this Agreement
shall remain in full force and effect provided that the part of the Agreement thus
invalidated or declared unenforceable is not material to the intended operation
of this Agreement.
19. The City shall investigate all claims of every nature at its expense. Each party is
responsible for all personal injury and property damage attributable to the
negligent acts or omissions of that party and the officerS, employees and agents
, thereof. Nothing herein shall be construed as an indemnity or a waiver of
, sovereign immuhity enjoyed by any party hereto, as provided in Section 768.28,
Florida Statues, as amended from time to time, or any other law providing
limitations on claims.
5
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IN WITNESS WHEREOF. the parties hereto have caused these presents to be executed
by their duly authorized officers and their officials' seals hereto affixed. the day and year
above written.
CITY, OF LARGO. FLORIDA
By:
Steven B. Stanton
City Manager
ATTEST:
, Diane Bruner, City Clerk
Approved as to' form:
Jane Hayman
City Attof!ley
(SEAL)
CITY OF CLEARWATER
By:
Michael J. Roberto
. City Manager
Rita Garvey
Mayor-Commissioner
ATTEST:
Cynthia E. Goudeau, City Clerk
Approved as to form:
John Carassas
Asst. City Attorney
(SEAL)
6
Clearwater CIty Commission
Agenda Cover Memorandum
Workscsslon Hem #:
Final Agenda Ilem #
--1j
Meeti~ Date:
~.\8'.q
SUBJECT/RECOMMENDATION:
Approve an Agreement with Florida Gas Transmission of Houston, TX, in the estimated amount of
$68,000, for the construction of a new Gate Station at Mitchell and Trinity Oaks Boulevard in Pasco
County,
o and that the appropriate officlals be authorized to execute same.
SUMMARY:
. Clearwater Gas System (CGS) has requested that Florida Gas Transmission Company (FGD provide a new
delivery point in Pasco County to insure the reliable deliveries of natural gas to our gas customers in the north
expansion area. This was included in CGS's Strategic Plan.
,. Our closest delivery point is over seven (7) miles away near the Countryside High School in Pinel1as County.
. This agreement provides for FGT to secure the permits, materials, installation, surveying, inspection, x-ray,
environmental studies, regulatory filing and attorney's fees necessary for the construction of this delivery point at
an estimated cost of $68,000.
. CGS will construct the rest of the delivery point station, in order to avoid paying a larger sum of money for
grossing up the income taxes to FGT, which are currently 32.77%. Contributions in aid of Construction under
118 (b) of the Internal Revenue Code are considered income to FGT.
. CGS will provide the land, metering equipment, steel piping, valves and regulators necessary to reduce the
pressure from approximately 1,100 pounds to 60 pounds, which is compatible with our street pressures, at an
estimated additional cost of $300,000, which was also included in the Strategic Plan.
. The land purchase agreement to buy the land for this new delivery point is being presented to the City
Commission at the same time.
Funding for this project is included in the C1P Budget.
Agreement available for review in City Clerk Department
Reviewed by:
legal ~
; Budget vf~""W
Purchasing N/A
Risk Mgmt N/A
Info Srvc
Public Works
DCf\NACM
Olher
N/A
N/A
Originating Depl:
Clearwater Gas System
User Dept.
Clearwater Gas System
Costs
Total $68,000
esUmaled
N/A
Current $68,000
fY estimated
Funding Source:
Cl XX
Submitted by:
City Manager
__ 1~:!T<',6)
OP
Other
o None
353-96314-563600-532-000
A ro rlallon Code:
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Florida Gas Transmission Company
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P. O. BOl( 1188 Houston, Texas 77251-1188 (713) 853.6161
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/.~TTORNr:y
December 16, 1998
Mr. Terry Neenan
Cleanvater Gas System
Post Office Box 4748
Cleanvater, FL 346184748
Re: New Delivery Point - Anclote Lateral - Clearwater-Mitchell Boulevard
Dear- Terry:
ClearWater Gas System ("Customer") has requested that Florida Gas Transmission
Company ("FOT") provide a new delivery point on the proposed Anc10te Lateral near the
intersection of Mitchell Avenue and Trinity Oaks Boulevard in Pasco County, Florida. The
capacity of this delivery point will be up to 5,000 MMBtulday. The attachment sets forth the
description of the facilities and incidentals that require reimbursement ("Reimbursement
Facilities") and the estimated cost of the Reimbursement Facilities. Customer and FOT agree as
follows with respect to the ownership, construction, operation and reimbursement of the
Reimbursement Facilities and certain other facilities to be built by Customer.
1) Absent events afforce majeure or circumstances which make the project uneconomic for
FOT and subject to required approvals, FOT or its agent shall construct, operate and own
the Reimbursement Facilities listed in the Attachment.
2) FOT shall take the appropriate actions to obtain aU permits, licenses, authorizations, or
certificates necessary for the construction and operation of the Reimbursement Facilities.
Customer agrees to provide any infonnation needed in preparation of any applications for
such and agrees to support FGT in its efforts to obtain any necessary authorizations.
Upon receipt of all necessary approvals, waivers, and permits which are satisfactory to
FGT and Customer, FGT shaJJ commence construction andl absent events of force
majeure or circumstances which made the project uneconomic for FGT, shall pursue such
construction to completion.
3) Customer shall reimburse FGT for all costs and expenses incurred directly and indirectly
relating to construction of the Reimbursement Facilities including but not limited to, the
cost of permits, materials, installationl surveying, inspection. xwray I environmental studies,
regulatory filings, attorneys' fees, and other expenses or overhead that may be required
("Actual Cost"). To the extent such reimbursement qualifies as a contribution in aid of
construction C'CIAC't) under ~ 118(b) of the Internal Revenue Code (as amended by ~
824 of the Tax Reform Act of 1986). Customer agrees to reimburse or "gross-up" FGT
for income taxes incurred by FOT because of the CIAC income. The gross-up
requirement will be waived if Customer receives a Private Letter Ruling (npLRn) from the
,III' '1IIl\.1 ,,,, '-'.1.... .". do.
An ENR\'N/SeNAT Affiliate
-
-
. "
Mr. Terry Neenan
Clearwater Gas System
December 16, 1998
Page 2
Internal Revenue Service stating that FGrs costs in constructing the Reimbursement
Facilities do not constitute a CIAC. Customer agrees that it will bear all the costs of
seeking any such PLR The estimated total cost, inclusive of tax impact, of the
Reimbursement Facilities is $68,000 as detailed in the Attachment and incorporated herein
("Estimated Cost"). Notwithstanding the Estimated Cost, Customer agrees to pay the
Actual Cost even if such amounts exceed the Estimated Cost, after written notice by FGT
to Customer that Actual Costs exceeds Estimated Cost..
4) In the event customer chooses to build any facilities in conjunction with the
Reimbursement Facilities, Customer agrees that FGT shall have the right to have an
inspector present at locations and times which FGT deems appropriate. Customer further
agrees to reimburse FGT for the cost of such inspector at the rate of $325 per day. The
cost of FGT's inspector is separate and apart from the cost of Reimbursement Facilities,
discussed elsewhere in this agreement, and shall be invoiced and paid separate and apart
from the cost of Reimbursement Facilities. FGT shall invoice Customer for inspection
costs ten (10) days after completion of Customer construction and Customer shall pay said
invoice within ten (10) days from receipt.
5) Prior to the date construction is scheduled to commence) FGT shall notify Customer of
the construction schedule and shall invoice Customer for the Estimated Cost. FGT shall
refund Customer the difference between the Actual Cost and the Estimated Cost if the
Actual Cost is less than the Estimated Cost or invoice Customer for additional amounts if
the Actual Cost is greater than the Estimated Cost. Customer shall pay FGT within fifteen
(15) days of receipt of any invoice from FGT.Unless otherwise mutually agreed,
Customer shall submit such payment by wire transfer to:
NationsBank-Dallas
Account # 4140327972
ABA # 111000025
6)
For purposes of this Reimbursement Agreement, construction shall be deemed complete
when all reports are submitted and aU work orders are closed. Adequate documentation in
the form of invoices, work orders and receipts for all costs associated with the
Reimbursement Facilities shall be available to Customer for inspection at FGT's office
upon reasonable prior notice during business hours~ provided, however, that if Customer
does not submit a written claim for adjustment or correction within one (1) year following
the date that construction of the Reimbursement Facilities was completed, work orders,
receipts and payments shan be deemed final and conclusively correct for all purposes
hereof.
7) Should Customer fail to pay part or all of the amount of any invoice rendered by FGT,
interest shall accrue from the due date of such invoice until the date of payment received
by FGT at the lower of the effective prime rate charged by Chase Bank, N.A. plus two
D.\~"""""""'", ...
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--
Mr. Terry Neenan
Clearwater Gas System
December 16, 1998
Page 3
percent or the maximum aUowable interest rate permitted by applicable law, calculated on
a compounded monthly basis.
8) Notwithstanding Paragraph 2 hereof, to the extent transferable, and at no cost to FGT,
Customer agrees to grant to FGT any and all suitable rights-of-way and easements
necessary and/or incidental for the installation, maintenance) operation and removal of the
Reimbursement Facilities and appurtenances deemed essential or desirable by FGT for the
construction, operation and removal of the Reimbursement Facilities and to facilitate the
receipt and/or delivery of gas through such facilities.
Customer agrees to design and operate its facilities downstream of the Reimbursement
Facilities to operate safely at FGTs line pressure.
Customer will maintain a minimum flow rate of 5 ~tulhour so that the meter will
operate properly.
Customer will install any and all equipment, including compression, heaters, separators,
. and regulators, as needed to protect its facilities downstream of FGTls Reimbursement
Facilities.
9) Subject to any necessary regulatory approvals being obtained, Customer will construct,
own and operate the meter station, regulators and all piping and fencing at the gate station
including acquisition of the site itself. (II Customer Facilities.") These facilities will be
constructed and operated to the design and specifications provided by FGT which have
been mutually agreed to. FGT shall have the right to inspect the facilities during and after
construction, including any future revisions) and reject any facilities not meeting
specifications, United States Department of Transportation codes (Office of Pipeline
Safety)) AGA standards, the State of Florida Public Service Commission requirements
and FGT's FERC Gas Tariff requirements. Customer will notify FGT forty-eight (48)
hours in advance of beginning the construction ofits facilities so that FGT can arrange for
inspection by FGT personnel. Customer will provide FGT aSRbuiIt drawings of the
facilities they construct-under this Agreement.
10) Customer agrees to provide at no cost to FGT, requested electric service, telephone
service and housing needed for FGT to install Electronic Flow Measurement C'EFM")
equipment.
11) Customer will reimburse FGT, for all sales and use tax, or any other transaction or
privilege tax~ associated with the construction and operation of this facility. Customer
shall hold harmless and indenmify FGT for any taxes due upon items and services supplied
by the "Customer" during or after construction, (including but not limited to such
equipment and services as are required in Paragraph 10 above) and until Customer's
service agreement under FGT's applicable rate schedule (or successor rate schedule) is
tenninated.
D~n.""'" ...
<,
Mr. Terry Neenan
Clearwater Gas System
December 16, 1998
Page 4
12) Subject to applicable laws and regulations, FGT will deliver gas to Customer at FGTs line
pressure.
13) FGT may require testing of meter facilities by the Customer at reasonable times for
accuracy and FGT may witness such testing. Testing shall occur consistent with FGT's
FERC Gas Tariff, if applicable. The cost of such testing shall be borne by the Customer.
14) Customer will comply with all Federal, State and local environmental laws and regulations
and, upon request, shall provide copies of all required permits applicable to the design,
construction, ownership and operation of the Customer Facilities.
15) CUSTOMER SHALL INDEMNIFY AND HOLD FGT HARMLESS FROM ALL
LIABILITIES, LOSSES. CLAIM:S, EXPENSES, SUITS, ACTIONS, COSTS, AND
DAMAGES, INCLUDING ENVIRON1vffiNT AL LIABll..ITY. (AND INCLUDING
ATTORNEYS' FEES, EXPENSES, AND COURT COSTS) ON ANY ACTIONS
INCLUDING INJURY TO AND DEATH OF PERSONS, ARISING FROM ANY ACT,
INCLUDING NEGLIGENCE OR ACCIDENT, IN CONNECTION WITH THE
CONSTRUCTION, INSTALLATION, OPERATION, AND MAINTENANCE OF THE
CUSTOMER FACILITIES AND THE REIMBURSEMENT FACILITIES, PROVIDED,
HOWEVER, THAT CUSTOMER SHALL NOT BE RESPONSIBLE FOR THE
NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF: (1)
TInRD PARTIES (OTHER THAN ANY OF CLEARWATER'S AGENTS
(INCLUDING. BUT NOT LIMITED TO, CONTRACTORS, SUBCONTRACTORS
AND THE LIKE)), (2) FGT OR (3) ANY OF FGT'S AGENTS (INCLUDING, BUT
NOT LIMITED TO, CONTRACTORS, SUBCONTRACTORS, AND THE LIKE).
16) IT IS UNDERSTOOD AND AGREED THAT NOTHING IN TillS AGREEMENT
SHALL CONSTITUTE A WAIVER BY CLEARWATER OF ITS RIGHTS UNDER
FLORIDA STATUTES, INCLUDING SECTIONS 218.70 AND 768.28 THEREOF.
17) CUSTOMER REPRESENTS TO FGT THAT IT HAS ADVISED FGT OF ANY AND
ALL THREATENED, PENDING OR SETTLED COURT OR AGENCY LITIGATION,
REGULATORY OR ADMINISTRATIVE PROCEEDINGS, ENVIRONMENTAL,
HEALTH OR SAFETY CONCERNS RELATED DIRECTLY OR INDIRECTLY TO
THE OBLIGATIONS OF CUSTOMER AND FGT HEREUNDER.
18) IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY
LOST OR PROSPECTIVE PROFITS OR ANY OTHER SPECIAL, PUNITIVE,
EXEMPLARY, CONSEQUENTIAL, INCIDENT AL OR INDIRECT LOSSES OR
DAMAGES (IN TORT, CONTRACT OR OTHERWISE) UNDER OR IN RESPECT
OF THIS AGREEMENT OR FOR ANY FAILURE OF PERFORMANCE RELATED
HERETO HOWSOEVER CAUSED, WHETHER OR NOT ARISING FROM SUCH
PARTY'S SOLE, JOINT, OR CONCURRENT NEGLIGENCE.
D'\~........ ...
Mr. Terry Neenan
Clearwater Gas System
December 16, 1998
Page 5
19) In the event the FERC issues an order authorizing construction of the Facilities with
conditions unacceptable to FGT or Customcr or without resolving the issue of reduction
rights, FGT shall notify Customer of such unacceptable ordcr and shall have the right to
refuse to accept such certificate and either party may, within 15 days of issuance of said
order, terminate this Agreement, provided, however, in the event Customer terminates this
agreement, Customer shall reimburse FGT for all expenses incurred by FGT~ including,
,but not limited to costs for engineering, design, regulatory, attorneys and all other
administrative costs. Customer shall pay FGT within fifteen (15) days from receipt of
invoice.
20) This Agreement and the Exhibit attached hereto contain thc entire agreement between the
Parties and there are no representations, understandings or agreements, oral or written,
between the Parties which are not included herein.
If this Agreement correctly states our understanding, please indicate your concurrence by
signing in the space provided below on both originals and returning both originals to the
undersigned, whereupon a fully executed original will be returned to you for your records.
Sincerely,
#d
JAMES C. DOWDEN
Regional Vice President, Marketing
AGREED TO AND ACCEPTED THIS
DAY OF , 199_.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By: PL
Rita Garvey. Mayor Commissioner Michael Roberto, City Manager
Approved as to form and legal
sufficiency:
Attest:
S- c::7 <-
John Carassas, Assistant City Attorney
~
~
Cynthia E. Goudeau. City Clerk
Attachment
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ATTACHMENT
, To
Construction and Reimbursement Agreement
Dated June 10, 1998
. Between the Clearwater Gas System
And Florida Gas Transmission Company
Reinibursement Facilities: Install a pipeline tap, EFM equipment, side valve and pipe
connection to Clearwater's gate station located on the proposed
Anclote Lateral near the intersection of Mitchell Avenue and Trinity ,
Oaks Boulevard in Pasco County, Florida. Delivery capacity is up
to 5,000 MMBtuJday at line pressure.
Estimated Cost:
Maierials ' $10,989
Other 500
Taxes and Freight-Materials 1,758
Contractor 11,770
i~ Right-or-Way - Direct Salaries 600
" Engineering - Direct Salaries 3,000
,. Environmental:
Cultural Resources SHPO 800
! ' T&E (U. S. Fish & Wildlife) 800
Coastal Zone Permit 1,200
i Direct Salaries 600
I
I' District Labor 7,500
I Construction - Direct Salaries 600 I ,
Drafting 2,000
As-Built Drawings 1,200
EOC Project Management 421
FGT Overhead 4,212,
I Contingency 3.324
Subtotal $51,274
I Income Tax Gross-up. 16.726
, Estimate ~6.8~OOO
· ' Includes income tax gross-up at 32.77%. Tax gross-up may increase as a result or pending
legislation increasing corporate tax.
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Clearwater City Commission
Agenda Cover Memorandum
Worksession Item II:
Final AgendCl Item /I
~o
Meeting Date:
02-18-99
SUBJECT/RECOMMENDATION: Approve a contract with Adam Smith Enterprises to purchase fee
simple interest in a 0.229 acre parcel, and a perpetual easement interest in a 0.245 acre parcel,
both lying within the Trinity Oaks Commerce Center in Sections 26, 27 and 35, Township 26
South, Range 16 East, Pasco County, Florida, for $35,500 plus estimated expenses of $ 4,980 for
environmental audit, boundary surveys and closing costs, with total costs not to exceed $40,480,
IBJ and that the appropriate officials be authorized to execute same.
SUMMARY:
. Purchase of the property interests in Trinity Oaks Commerce Center will allow Clearwater Gas
System (eGS) to construct a natural gas gate station (delivery point) and provide access to the
Florida Gas Transmission Company's Phase III pipeline. A gate station in Pasco County is
needed to provide a northern delivery point which will facilitate a 2 way feed to improve gas
flow capabilities and service reliability.
. The subject parcels are ideally located adjacent to the easement containing the Florida Gas
Transmission Company pipeline, and within 500 feet of the existing CGS distribution gas main.
. CGS plans to install the gate station within FY 98/99. Construction costs will be approximately
$368,000.
. The negotiated purchase price is 84.5% of the $42,000 valuation determined in an appraisal
performed for the City by James M. Millspaugh, MAl dated on October 27,1998.
. The City will have 60 days following approval of this contract in which to conduct environmental
audits and other investigations of these properties. The agreement may be terminated within
that time if it is determined use of the property would require excessive remediation costs.
. The available balance in 353-96315 (Pasco Land, Building & Equipment Project Bond Fund) is
sufficient to provide funding for this purchase.
Contract
available for review in City Clerk Department
OriginatIng Dllpt: Costs
Public WorksA J~ \ Total
~
$40,480
Reviewed by:
Legal ~
Budget ~
PurchasIng ~
Risk Mgmt -.mL.
Info Srvc
Public Works
DCMfACM
CGS
t
User Dept.
Clearwator Gas S
Funding Source:
CurrentFY
CI
OP
Other
x
Attachments
Submitted by:
City Manager
tv\. ';J R jc::j)
[Xl None
A ro dation Code: 353.96315.560100.532.000
Rev.3/9B
Printed on rocycled papar leGS Puco Gato Station. Agn awb01991
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CONTRACT FOR PURCHASE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: ADAM SMITH ENTERPRISES, a Florida Corporation [herein "Seller"), of 43309 U. S.
Highway 19 North, Tarpon spring.s, Florida 34600-0600 Phone: (727) 942-259J, and the CITY
OF CLEARWATER, FLORIDA, II Municipal Corporation of the State of Florida lherein "Buyer" or
"City" I of P. o. BOl( 4140, Clearwater, Florida 34610-4740, ATTENTION: Jim Lewin, Asshtant
Director, Clearwater Gas System/Gas Marketing 'Plllnning Phone: (727) 462-6340
(collectively "Parties") hereby agree that the Seller shall sell and Buy~r shall buy the
following real property I "Real Property" I and personal property ["Pe rsonal ty" I
(collectively "Property") ~pon th~ following terms and conditions.
THE MErFECTIvt DATEM OF THIS CONTRACT IS THE DATE OF EXECUTION BY DULY
AUTHORIZED CITY OFFICIALS. TIMe IS OF THE ESSENCE IN THIS CONTRACT.
Time periods o~ 5 day. or lea. ahall be computed without inclUding
Saturday, sunday, or national l~g.l holidays and any time period ending
on a Saturday, sunday or national legal holiday ahall bo extended until
5:00 P.M. of the next busine.. day.
1. PROPERTY D~SCRIPTION: The fee simple interest ~solute in a 100' X 100' vacant parcel
of land, containing 0.229 Acres, more ur less, being situate in
Section 27, Township 26 South, Ranqe 16 East, Pasco county,
Florida, together with a 15' wido perpetual access and utility
easement, containing 0.245 Acres, more or less, being situate in
Sections 26, 27 and 35, Township 26 South, Range 16 Ea.t, Paaco
County, Florida, ..11 a. legally dOlJcribed in EXHIBI!l' "A" ..tt.llched
hereto and made a part hereof.
PERSONALTY I NONE TO BE CONVEYED.
2. FULL PURCHASE PRICE .......,........................,..,......... $
35,500.00
3. HANNER OF PAYMENT: City o~ Cl",.nwater ched: in U.S. funds at timt:
of clos1ng ......."..,.".,..".....,..,..... ~
35,500,00
4. DETERMINATION OF PURCHASE PRtCE
The Full Purchase Pric~ as shown herein has been reached throu~h negotiations with the
Seller by IX) City staff I J 8!~~~t a~:ing aE Ag.nt ct th~ ! J City I 1 5~lle:.
5. TIME FOR 'ACCEPTANCE; APPROVALS
Follow1ng execution 0 f th1S cont ract by Seller. the pr ~ ce. terms and condi tions .'1:-
contained herein shall r~m,un unchdllCJr.d oil1d be held uncofltht.iol1.'llly open fOt: d peUod at
60 days following delivery ~n dupl1Ciltl!: orig1nal to Earl Biluett, Real Estate SerV1ces
Manager of the City o! Cleilrwil1:~r fet: do:::",pt,lnc.,. dnd approval or r"'Jection by action of
the Clearwater City COmmiss1on l"Corr.m~,,~aoll"l. 11 thIS i1gt<!'emellt IS accepted and approved
by the Commission. II will be executed by duly authori=ed City off1clals and delivered to
Buyer wi thin 10 days th.neaf t er. If thu. .;:ont ra.::t 1 s reJ...::ted by th" Ci ty Commis s ion upon
its ini tia1 presenta tion to the COlTl.'l\l 5 51 on. this cant rac: shilll be null and void 1n all
respects and Buyer shilll be so In~orm..d in Wrlt1ng w1thin 'j days of such action.
6. TITLE
Seller warrants legal capacity to and shall convey marketable title to the PrOperty by
Statutory Warranty, Trustee's, Personal Representative's or Guardian's Deed, as
appropriate to the status of Seller, subject only to matterll contained in Paragraph 7
acceptable to Buyer. Otherwise title shall be free of liens, easements and encumbtances
of record or known to Seller, but subject to COVenants, restrictions and public utility
easements ot record; and NO OTHER ~TTERS; provided there exists at closing no violation
of the foregoing and none of them ptevents Buyer' 5 intended use of the Property as .
natural galS distribution pumping .tatiCln. Seller warrants and represents that there is
ingress and egress to the Real Property sufficient for the intllnded use as dllscribed
herein.
7. TITLE EVIDENCE
Buyer, at Buyer option and expense shall have the privilege prior to closing to obtain
II title insurance commitment issued by a Florida licensed title insurer agreeing to liens,
encumbrance5, el(ceptions or qualifications set forth in this Contract, and those which
shall be discharged by Seller at or before clo.sinq. Seller shall convey II. marketable
title subject only to liens, encumbrances, exceptions or qualifications set forth in this
Contract. Marketable title shall b~ det~rmined according to applicable Title Standatds
adopted by The f"loricla Bllr and in Ilccordance with law. Buyer shall notify sellet in
writing not later than 5 days prior to Closing if title is found defective, specifically
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citing any defectlsl. If the defect(sl render title unmarketablf'!, Seller will have 1"0
days fz:om z:eceipt of notice within which to remove the defect 151, failing which Buyer
shall have the option of eithez: accept1ngthe title as lttther is Olkwithdrawing fro~ th~
Contract. Seller wtll if title 15 founa unmarke aD e, ma e rllliaen:t. etfor
to correct defect(s) in tItle within the time provided therofore, but 5h~ not ~e requlr d
8. ~ to file suit.
Sellez:, at Seller expense. within time allowed to deliver evidence ot: title and to
examine same, shall have Real Property surveyed and certified to the Buyer and closing
agent by a registered Floz:ida land suz:veyor. If ~urvey shows any encroachment (Ill on Real
Propez:ty, or that improvements located on Real Property encroach on setback lines.
easements, lands of others, or violate any z:estrictions, contract covenants or applicable
governmental regulation, the same shall constitute a title defect. The survey shllll be
pez:formed to minimum technical standards of Chapter 61G17-6, Florida Administrative Code
and may include a description of the property under the Florida Coordinate System liS
defined in chapter 117, Florida Statutes.
9. CLOSItfG PLACE I\NO DI\TE
( ) Selle~ (X) Buyer shall designate closing agent and this transaction shall be closed
in the offices of the designated cloaing agent in eithez: Pinellas O~ Pasco county,
Florida. on or before 90 day. following tho affective elata, unless extended by other
provisions of this contract. If either paz:ty is unable to comply with any pz:ovision of
this contZ:llct within the time allowed, and be prepared to close as set forth above, after
making all reasonable and diligent efforts to comply, then upon giving written notice to
the other party, time of closing may be extended up to ~ days without effect upon any
othez: term, covenant or condition contained in this contract.
10. CLOSING DOCUMENTS
'Seller shall furnish deed, bill of sale (if applicable I , mechanic's lien affidavit,
assignments of leases, tenant and mortgage estoppel letters, and corrective instruments.
If Seller is a corporation, Seller :shall deliver a resolution of its Board of Diz:ectors
authorizing the sale and delivery of the deed and certification by the coz:porate Secretary
certifying the resolution and setting forth facts showing the conveyance conforms with the
requirements of local law. Buyer shall furnish closing statement.
11. CLOSING EXPENSES
Documentary stamps on the deed, unless this transactlOr. is exempt under Chapter 201.24.
Florida Statutes, shall be pald by the Seller. Selle: shall alsc pay the costs of
z:ecording any corrective instrument~. Recordation of the deed shall be pa~d by Buyer.
12. PRORATIONS: CREDITS
Taxes, assessments, rent [i~ anyl ane! other revenue c: the Proper:j' shall be prorated
through the day before closing. Clos1ng agent shall collect al: ad valorem taxes
uncollected but due through day prior to closing and deliver same ~o the Pasco County Tax
Collector with notification to thereafter exempt the property from taxat10n as provided in
Chapter 196.012t61, Florida Stlltutes. If the amount nf taxes and assessments for the
current year cannot be ascertained, rates for the previous year shall be used with due
allowance being made for improvements and exempt.ions. ;'ssessmf:nts fa: any improvements
that are substantially complete at time of closing shall be pa1d 1n fu:l by Seller. SelleL
Wllrrants that there are no partles 1n occupancy other than the Seller, or as otherwise
disclosed herein.
13. PROPERTY CONDITION
Seller shall deliver the Property to Buyer at time of closing 1n 1ts present ~as is"
condition, ordinary wear and tellr excepted, and shall maintain the grounds in a compaz:able
condition. If improved with a stz:ucture, or structures, all appliances, plumbing and
irrigation. Seller makes no further warranties other than as disclosed herein in Paragraph
16 (~SELLER WARRANTIES~ I and marketability of title. Buyer I s covenant to purchase the
Property "as is~ is more specifically represented in either subparagraph a. or b. as
marked IX).
a~ ( ) As Is: Buyer has inspected the Property or waives any right to inspect and
accepts the Property in its present "as is" condition.
b. [X] As Is with Right of Inspoction: Buyer may, at Buyer expense and within 60 days
from Effective Date I~Inspection Pez:iod"], conduct inspections, tests,
environmental and any other investigations of the Property Buyer deems
necessary to determine suitability for Buyer's intended \lSP-. Seller shall grant
reasonable access to the Property to Buyer, .its agents, contractors and assigns
for the purposes of conducting the inspections prOVided, however, that all such
persons enter the Property and conduct the inspections and investigations at
their own risk. Seller will, upon reasonable notice, provide utilities services
as may be required for Buyer'S inspections and investigations. Buyer shall not
engage in any activity that could result in a mechanics lien being filed against
the Property without Seller's prior written consent, Buyer may tez:minate this
contract by written notice to Seller prior ro expiration of rhe Inspection
Period if the inspections andlor investigations reveal conditions which are
reasonably unsatisfactory to Buyer, unless Seller elects to repair ~r otherwise
Page 2 of 5
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~emedy such conditions to Buyer satisfaction, or BUy~r, at its option, may elect
to accept a credit at closing of the total estimated repair and remediation
costs as determined by a licen~ed general contractor and/or specialty contractor
of Buyer's selection and expen~~. If this transaction does not close, Buyer
agrees, at Buyer expense, to repair all damages to the Property resulting from
the inspections and investigations and restore the Property to its present
condition as is reasonably possible.
14. W^LK-THROUGH INSPECTION
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elel!lln!" Bl:t)'<;r II'II'l.Y esnlltlct 1\ linnl "wl\llt throtlqh" il,.J~LLtiol'l .:.: tl" f'ro....crt1 to J~terh,;;."e
t:tHflpliL\nl:~ ..,tith any [!,1:l~~l: 6blig<Ltio~~.1 ldl\&e.r Pnlr..~~o).')L 1:. II~ r.~...J ~~.s~,,~ In!),) h~ ~~i.~e:.d. ~~ a
rC3t1lt .:.f the wILli ~1'lt'al:t!Jh.
IS. SELLER HELD HARMLESS
Buyer is llelf insured, and subject to the limits and restrictions of the Florida
Sovereign immunity st^tute, F. S. 756.26, ayrees tc indemnify and hold harmless the Seller
from claims of injury to persons or property during the inspections and investigations
described in Paragraph 13{bl resulting from Buyer's own negligence only, or that of its
employees or agents only, subject to the limits and restrictions of the sovereign immunity
statute.
16. PROCEEDS OF SALE: CLOSING PROCEDURE
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The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in
escrow by Seller's attorney or by such other mutually acceptab:e escrow agent for a period
of not longer than 5 days from and after closing, during which time evidence of title
shall be r.ontinued at Buyer's expense to show title in Buyer. without any encumbrances or
change which would render Seller's title unmarketable from the date of the last title
evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer
...., .. '... shall, within the 5 day period, notify the Seller in writing of the defect and Seller
shall have 30 days from the date of receipt of such notification to cure the defect. If
Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer shall,
upon written demand made by Buyer and within 5 days after demand, be returned to Buyer and
simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property
and reconvey it to Seller by special 'warranty deed. If Buyer fails to make timely demand
for ~efund, Buyer shall take title "as is", waiving all rights against Seller as to any
intervening defect except as may be available to Buyer by virtue of warranties contained
in the deed. The escrow and closing procedure required by this provision may be waived if
title agent insures adverse matters pursuant to Section 627.7B~l, F.S. (1967), as amended.
17. DEFAULT
If this transaction is nor closed due to any default or failure on the. part of tht:
Seller, other than to make the title marketable after diligent effort, Buyer may seek
specific performance o~ unilaterally cancel this agreement upon giving written notice to
Seller. If this transaction is not closed due to any default or failure on the pa~t of the
Buyer, Seller may seek speci fie per forma nee . I f a Broker is owed a brokerage fee
regarding this transaction, the defaulting party shall be liable for such fee.
lB. SELLER WARRANTIES
Seller warrants that there are no facts known to Seller that would materially effect
the value of the Property, or which would be d",trimeneal to th.. Property, or which would
effect Buyer's desire to purchase the property except as follows: NONE
19. ~ON G^S NOTIFICATION
In accordance wi th provisions of Section 404.056 [a I, r:or ida Stiltutes (1969), as
amended, Buyer is hereby info~med as follows:
MOON GAS: Radon is a naturally occurring radioactive gas that, when it
has accumulated ~n a building in sufficient qUilntities, may present
health risks to persons who are exposed to it over time. Levels of radon
thilt exceed federill and state gUldelines have been found 1n buildings in
Florida. Additional information regardinC) rildon <lnd radcn testlng may be
obtained from your county public health unit.
20. CONTRACT NOT RECORDABLE; PERSONS BOUND
Neither this contract nor any notice of it shall.be recorded in any public records.
This contract ahall bind and inure to the benefit of the parties and their successors in
interelllt. Whenever the context permits, singular shall include plural and one gender
shall include all.
,
21.~
All notices provided for herein 5h,,11 be deemed to hilve been duly given if and when
deposited in the United States Mail, properly stamped and addressed to the re~pective
party to be notified, including the pn!ti~s to this contact, th~ parties attorneys, e$crow
agent, inspectors, contractors and all others who will in any way ,let at the behest of the
parties to satisfy all terms and conditions of this contract.
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22. ASSIGN~ILITY: PERSONS BOUND
Thi!! contrRct Ixl is not assignable t 1 is aSllignable. The terms "Buyer", "Seller",
and "Broker" lif anyl may be singular or plural. This Contr.lct 1s binding upon Buyer,
Seller, and their heirs, personal represi:ntative!., su.::ce'ssors and assigns (if assignment
is permitted).
23. ATTORNEY FEES: COSTS
In any litigation arising out of this contract, the prevailing party shall be entitled
to recover reasonable attorney's fees and costs.
24. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract
in conflict with them.
25. NO SRORER
Seller and Buyer represent and agree they have dealt with no Broker or finder in
connection with the transactions contemplated hereby. Seller and Buyer further agree to
indemnify the other from any damage, liability or ~xpense either may suffer as a result of
any claim of a Broker or finder with whom it is determined that the other party has dealt
with in contravention of this agreement; except, however, that total City obligations
under this provision shall be subject to the limit:; and restrictions of the Florida
sovereign immunity statute, F.S. 768.2B.
26. EFFECT OF PAATIAL INVALIDITY
The invalidity of any provision of this contract will not and shall not be deemed to
effect the validity of any other provision. In the event that any provision of this
contract is held to be invalid, the parties agree that the remaining provisions shall be
deemed to be in full force and effect as if they had been executed by both parties
subsequent to the expungement of the invalid provision.
27. GOVERNING LAW
It is agreed by and between the patties hereto that this contract shall be governed
by, construed, and enforced in accordance with the laws of the State of Florida.
28. COUNTERPARTS; FACSIMILE COpy
This contract may be executed in two or more counterparts, each of 'which shall be
deemed an original and all of which together shall constitute one instrument. A facsimile
copy of this contract, including any addendum, attachments and any written modifications
hereof, and any initials or signature thereon shall be d~emed an original.
29. EXHIBITS ATTACHED
EXHIBIT "A" ILegal Descriptionsl is attilched hereto and made il part of this contract.
30. ENTIRE AGREEMENT
Upon execution by Seller and Buyer, thIS contract shall constitute the entire
agreement between the parties, shall supersede any and all prior and contemporaneou:!>
written lInd oral promises, representations or condition:!> in respect thereto. All prior
negotiations, agreements, memoranda and writings shall be merged herein. Any changes te
be made in this agreement shall only be valid when expressed in writing, acknowledged b,
the parties and incorporated herein or attached hereto.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD,
SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAL FOR LEGAL, TAX, ENVIRONMENTAL
AND OTHER SPECIALIZED ADVICE PRIOR TO SIGNING.
Selle.!;': Adam smi th Ente~riJle5. Inc. "
4 Florida co~oration
Date: }I().~ tAt} B0 \If' Alia th1 --
~ ~: ~~I~~pr~sident
59-2597300
Tax IdentificatIon Number
Pilge 4 of 5
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For PUrch~s~ of Real Pro ert
Sm t Enterprises, Inc.
Fee & Easement Parcels in Sec. 21, et a1
Twp. 26 South, Rng. 16 East, Pasco County
{, I APPROVED AND ACCEPTED this _ day of
"
, 1999.
Countersigned:
Rita Garvey, Mayor-Commi5sion~r
Apptoved as to form and
legal sufficiency:
John CaressAs, Assistant C~ty Attorney
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Pilg~ 5 of 5
Ao'01111 ..~nll~h 1\l1L.......'..."11:;~..
CITY OF CLEARWATER, FLORIDA
By:
Michael J. Rob~rto, City Manager
ATTEST:
cynthia E. Goudeau, City Clerk
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EXHIBIT uAn
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leQal Oescrfntions: Fee and Easement Parceln
Description: 100- X 100' Fee Parcol
, ,
A parcel of land lying In Section 27, Township 26 South, Range 16 East, Pasco
County, Florida, being more particularly described as follows:
Commence at the Southeast corner of Section 27, also being the Northwest
comer of Section 35, Township 26 South, Range 16 East; thence along the east
boundary of the Southeast % of said Section 27, NOO.45'21.E., a distance of
259.25; thence NB9.14'39-W, e distance of 55.91 feet to the POINT OF
BEGINNING; thence continue NB9.14'39-W, a distance of 100.00 feet; thence
SOO.45'21.W, a distance of 100.00 feet; thence SB9.14'39-E, a distance of
100.00 feet; thence NOO.45'21-E, a distance of 100.00 feet to the POINT OF
BEGINNING.
. '.,' "
Containing 0.229 Acres, more or less
Descriotlon: 151 wide access & utllttv easement
An access and utility easement lying in Sections 26, 27 and 35, Township 26
South, Range 16 East, Pasco County, Florida, being more particularly described
as follows:
Commence at the Southeast corner of Said Section 27, also being the Northwest
comer of said Section 35, Township 26 South, Range 16 East; thence along the
west boundary of the Northwest % of said Section 35, SOO.29'OO"W, a distance
of 320.00 feet to a point on the North right-of-way of Mitchell Boulevard as
recorded in Official Records book 1533: thence continue SB9.29'3S-E along said
North right..of-way a distance of 113.87 feet to the POINT OF BEGINNING;
thence leaving said North right-of-way, North a distance of 227.11 feet; thence
West a distance of 95.11 feet; thence NOS-42'21-W. a distance of 95.25 fee~
thence N39.08'44-W, a distance of 67.16 fee~ thence NOO.45'21-E, a distance
of 192.37 feet; thence SB9.14'29-E, a distance of 15.00 feet; thence
SOO.45'21-W, a distance of 186.94 feet; thence S39.0B'44-E, a distance of
87.16 fee~ thence S09.42'21-E, a distance of 86.54 feet; thence East, a
distance of 97.46 feet; thence South, a distance of 80.55 fee~ thence East, a
distance of 15.00 fee~ thence South, a distance of 15.00 feet; thence West, a
distance of 15.00 feet; thence South, a distance of 146.29 feet; thence
NBO.29'38"W, a distance of 15.00 feet to the POINT OF BEGINNING.
Containing 0.245 Acres, more or less
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EX. S'TOR.W)tTE:R POND
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SEC110N 27/
0.245
ACRE
EASEMENT
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(15' ACcESS F:ASEJJENT)
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Item #21
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Clearwater City Commission
Agenda Cover Memorandum
Work session Ilem #:
Final Agenda llem # d- \
Meeting Date: ~ ~ tg .19
SUBJECT/RECOMMENDATION: Amend the FY98/99 operating budget to add three FTE positions in the
Stormwater Utility to meet requirements of the federal National Pollution Discharge Elimination System
(NPDES) Permit as mandated by the Clean Water Act.
IBJ and that the appropriate officials be authorized to executc same.
SUMMARY:
. The City is authorized to discharge stormwater into waters of the United States pursuant to an NPDES
permit, effective 11/01/97. Requirements of that permit are enhancements that cannot be met by
existing staffing levels.
. Two Public Service Technician I ((-43) position's for PWlTransportation and DrainageJStormwater
Utility are needed to clean ditches and catch basins.
. One Environmental Specialist (SB~2) position for PW/Engineering/Stormwater Production is needed for
data acquisition/tracking, inspections for permit compliance, research related to permit acquisition
and the development and dissemination of related educational materials.
. This is an ongoing federal mandate to implement program enhancements with significant penalties for
failure to comply.
. Estimated employment date for all three positions is March 1, 1999.
. The estimated budget impact to the Stormwater Utility for the remainder of FY1998/1999 for all three
positions is $54,089 including $51,089 for salaries, benefits, training and other operating costs and
$3,000 of capital cost for a computer and software.
. The estimated budget impact to the Stormwater Utility for FY1999/2000, the first full year of program
implementntion, is $85,648 for salaries, benefits, training and other operating costs.
. The permit is for five years, renewable in consecutive 5 year periods by the USEPA. These positions
will be needed as long as the permit is in effect.
. Costs associated with this NPDES effort are reflected as a project within the utility rate study. The first
quarter budget amendments will reflect the necessary adjustments within the Storm water Utility Fund.
Reviewed by: Originating Dept: Costs $54,089.00
legal N/A Info srvc ~ Public Works Adminis ration Tolal
Budgel .;f::l/ ftJ 7/</ Public Works User Dept. ,/ ~/. Funding Source:
Purchasing N/A DCMlACM Public Works Admi, IS ration Current FY X CI
Risk Mgml N/A Other ./ Attachments " or
x
Other
Submitted by: {V\ -:r ~ /~ Appropriation Codes:
City Manager o None 419-01366-xxxxxx4539-000
. . 419-0209 o-xxxxxx45 3 7-000
Q Printed on rec c1ed a er 1/25/99 NPDES
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Clearwater City Commission
Agenda Cover Memorandum
Worksesslon ........:
Final Agenda hem #
02-16.99
~
Meeting Date:
02-18-99
SUBJECT/RECOMMENDATION: Approve purchase of property from Times Publishing Company legally
described as the West 114 feet of Block 8, MAGNOLIA PARK SUBDIVISION, for $230,000, adjustable based
on exact parcel size determined by survey, plus costs of a boundary survey and closing expenses estimated at
$2,150, for an estimated total cost of $232,150,
[&) and that the appropriate officials be authorizcd to execute same.
SUMMARY:
· On February 26, 1998 James M. Millspaugh, MAl, appraised the land in the block immediately east of the
new Police Department for the City at $7.50 per square foot.
· The largest portion of the block the Times Publishing Company would agree to sell is the west 114 feet of
the block. This parcel is approximately 30,666 square feet in size (0.7 Acres).
· The contract purchase price is equal to the appraised value of $7.50 per square foot. At closing the price
will adjust to the actual square feet of the parcel as determined by a boundary survey.
· The contract stipulates the property is being purchased II AS ISI/. A Phase II environmental audit has been
conducted. Monitoring wells have been installed. No further environmental testing or remediation are
recommended based on present subsurface conditions of the property.
· It is recommended the City acquire this property and hold it for future use. This will result in the City
owning all four corners at the Pierce Street and East Avenue intersection of the Police/MSB complex.
· Possible interim uses include a park to serve Pinellas Trail users, additional parking for staff or visitors, or
other recreational purposes.
. The Solid Waste Fund has sufficient retained earnings to pay the cost of this purchase. The Solid Waste
Fund will be reimbursed when the permanent use of the property is determined. A first quarter
amendment will reflect a transfer to CIP project 315-93217 to establish the liSt. Petersburg Times property
purchase" project from the retained earnings of the Solid Waste Fund.
Reviewed by:
Legal ~
Budget ~
Purchasing NA
Risk Mgmt ...1ffi-
Info Srvc t
Public Works ...
DCMJACM '
SOLID WASTE .m. .
(,
Originating Dapt:
Public Works
User Dept.
SoUtl Wast
Costs estimated
, Total $232,150
Currcnt FY
Funding Source:
CI
or
Other
x
Attachmonts
Submitted by:
City Moneger
Printed on recycled paper ( St. Pete Times Purchase. Agn 019!)ewb)
~4~~
{Xl
None
A ro rlation Code: 315-93127.560100-534.000
Rev. 3/90
02/17/1999 14:40 7275G2457G
PLAN
PAGE 02
.'
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ARTICLE 2: ZONING DISTIUCfS
Divbloll 9. Dowmtowa Dbtrfet ("Dff)
DIYIdoa 9.
Dowatcnna DImtd ("D").
SedtN 2-MI-
lattai aaCi hrpou.
~ Intent and pmpose 0'( the Downto'WD OiJtrict is to establith a mbced UJC downtown
where cldz.rm can work, Bve, and shop in . place which is the economic, aovernmentIJ,
cnte:rtalDmem and cultural focal point of . liveable city.
Secdo. 2-90%..
111mb" SWadanl Dndop....t.
1bc rollowlng use) arc Level One pcrmlUed UICt in the Downtown District subject to the
standards and criteria Jet out in this Section aod other appUcab1c provisions of Article 3.
Tab" z..902. "on I'IIUbIt Sta.clard DtvekIp...t StaadtrdL
u. MaL Ml&
H...... OI'foStnet ,.......
(IL)
~ ow.atap ai_ DI.
AkNt:tIIc "enl. &aiel 30.50 )-, per I,GOO orA
AIbtMd DIreIIhIII 3o.!o 1.1,' p.-ualt
c..v.1IDD c.t&I' 30.50 5 per I.OOOOFA
GoYIm.,abll U.. 30.50 3-5 pet t.OOO Of A
NIPt:d... 3f).SO 3-JO.,.I.OOOaFA
0IIkM 3o.~ I.) pa' I.OOOGFA
OYmdaIIc Acco..llosI.ttou 30.50 .7SoI pflnnk
PanJcc G1"'I" pd LotI 50 all
PIa&:a ofWa....., 3~50 .s.1 per 2 ....
..talk F.~ 30050 1.2 pet 1,000 OFA
l'lbUc TnuportallOll FacU..1eII 10 DIa
....na.. JO.SO '.15 pII' 1.000 OFA
. 30-50 20041*' 1,000 OVA
MdaI1 Sakl.ad Samco
Cm(W cu.unvA'IDl PROrOslDomCIAL DRAn' fG
L.\ND~ Rl.GULATIOfG
Novnaa.3I.IH1
'A.GK 2-112
,,'"
(
........
02/17/1~~~ 14:40 7275624576
PLAN
PAGE 03
~
.~
ARTICLE 2: ZONING DISTRICfS
DlvlJtoa ,. Dowatawa DbtrId (nD"~
T.bII2atU. "D" F1nlble S...d.rd DeVeloplDftt Stllldardl.
U.. MaL MIL
HelPt Ofr-st...... htitlll
(IL)
SIdewalk VtHan nla ala
Udlltylla""""""" .......... nI. DI.
(
F'lmbWty StaDdardat
A. Acceuory Dwcllinp. One (I) accessory dwcllina. which is subordinate IDd
acccuory to a principal permitted UJC provided that:
1. ntle to the accessory dwellinS is vested in the ownership oftbt; principal UJC;
1. The Roor area of the accessory dwelling does ItlOt exceed t\WIIlty-five perccmt
(2S%) of tile Ooor area oftbe principal \lie.
Alcoholic Bcverase Salet.
B.
I. Height: The incrcucd heisJrt results in on improved site plen and/or
improved design and appearance;
2. Off-street parking:
I. The physical characteristics of a proposed building are such that the
Ilkcly uses of the property will require fewer parkina spaces pel'Ooor
uea than otherwise requimS or the pbysic:.al context, includina
adjacent buildiDjs and uses, arc such tIw there is a high prolMbllity
that patrons will use modes of transportation other than the
autoDlobile to access the use;
bl . Adequate parking is available on a shared basis as determined by III
existJng land mes within one thousand (1.000) foct of the parcel
proposed (or development. all existing or pllWned and committed
puking facilities and the shared parldns formula in Article 3.
Division 14;
CITY or CL1:AaWATII\ 'kOPOSED OffiCIAL DRAFfflZ.
lAND DEVELOrMENT REGUJA,nONll
NOVDlKll3O, 1_
rAOI J..IU
02/17/1999 14:40 7275&2467&
PLAN
PAGE 04
,.
:~rwater
.~
ARTICLE 2: ZONING DISTRlCfS
DtvbloD 9. Dcnvnto.."D Dbtrict ("D1
N. Sidewalk Vendors.
1. The location of the lidcwa11c veDdor doea not impair pcdCSUia.n movement;
2. The land O(CUpied by . sidewa1lc vendor is not dcslpated or used for
required. otr..ltt'Cet parking.
O. Utillty~""tUftl Facilities.
1.
No above ground structures arc located .tjacent to Ii street riabt of way;
Any above around structlR other than pcnnitted ~lccommunic:.ation towem
and utility distribution lines located on or along . rear lot 1ine shall be
screened from view by a landscaped opaque wall or fence which il at least
two.thirds (2I3rd.s) the heiaht of tho above ground structUre and .baU be
landscaped with trees which will five (5) years after installation substantially
obscuro the fence or wall and the above pound stzuctulc,
Any .bove around stntcturc other than permitted telecommunication towetS
and utiUty dlsuibution lines located on' or along a JUr Jot lloc shall be
screened from view by eo wall which is an ex1CDSion of an arcbltectural
treatment of a principal buildlna;
The design of all buildings complies with the Downtown District design
guidelines in Divhdon 5 of Article 3.
2.
3.
4.
Section 2-903.
Ftalbl, Dev.lopmcat..
The following uses are Level Two pem11ttc4 uses in the Downtown District subject to the
standards and criteria set out In this Section and ather applicable provisions of Article 3.
T.blt 2-903. nDn Dbtrid PI.xlblt Dtnlop...t Staatlardl.
UIIe ~.. MIa.
H'I&IU orr..stRCt hrklq
(ft.)
AJcabollc Ben"'llI 8.M 30-100 ).., pet 1,000 OFA
Attadttd JJwelUap 30.100 1.a.5 pet unk
CrrY OF CLEAaWAn:Il PROI'OSEDOFFJCIAL bRAPT fQ
Lo\ND Drn.LOl'MINI' Rrollu.nONl
........
NOVlMUll30, 1m
PAGE:looIII
-
02/17/1999 14:40 727562457&
PLAN
PAGE: 05
~~
,,~
ARTICLE 2: ZONING DISTRICTS '
Davilla. 9., Dowatawa Olatrlct ("Dft)
. ;
\
,
Table 2--t03. "p" DfItrict ,,"fbIt pentop_nit Staadl'"
VN MaE. MIll.
Htlpt orr-Stl'Olt ..,...
(ft.)
CoIIpnIa..."" I."" Redtn...... 30.100 0-15 per 1,000 OrA
..........
Ed...... J'acIIld. JDillIQ 411000 OPbt
GoYmI..... u... 30.100 3-5 per 1,000 OFA
N'PRlII" 30-100 3.10 pi' 1.000 OFA
omr. 30-100 1-31* I,OOOOFA
Onn....t~.od.tJotg '0-100 .75.1 perlDlft
PshlJc F.dIHIII 30-100' 1.2 pa' 1,000 OFA
RIIUIDnatl 30.100 s..lS por 1.000 OFA
RmU Sa_ ad SIrriot 30.100 2-4 pet 1,0000FA
TeIIclD........... Towen oJ. Dla
FleubWty Standanb:
A. Alcoholic Beverage Sales:
J. Height:
a. The partel proposed for development illocated to the west ofMyrtlc,
south of Drew and DOrth of Comt;
b. The increased height results in an improved aite pJan BDdIor improved
dcsiga and appeanmt:cIi
2. All street frontage is designed and used for commercial pwpose1;
3. Oft:stn:let parking:
a. The physical cbatacteristicl of 11 proposed buUdlna II'C such that the
IUcely UlIeI aCme property will mtuim fewer parking spICeI per Door
CITY oreu..u.w"TD PROPOSED OFFICIAL DRAnft1 HtJ\IUDu3O, 1M
L.VCD D&VEI.OPNIHI'R.lGUIA'nOfG 'AG&2-1I2
I
'.
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; Clearwater
-
u
Interoffice Correspondence Sheet
To:, Myor and Commissioners
From: Cyndie Goudeau, City Clerk
cc: Michael J. Roberto, City Manager; Rick Hedrick, Deputy City Manager
Date: February 18, 1999,
RE: Possible buildings on Times Property
, A 94X1 00 ,(9,400 sq.ft.) builidng with 30 parking spaces could be placed on the
, property proposed to be purchased. .This would also include landscaping, dumpster location,
etc. If parking could be allowed off site except for 10 customer spaces and handicapped
parking the building could be increased to 94X170 (16,000 sq.ft.).
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CONTRACT FOR PURCHASE OF REAL PROPERTY
BY
THE CITY OF CLE.1\RWATER, FLORIDA
PARTIES: TIMES PUBLISHING COKPANY, a Florida Corporation, (herein "Seller" or "Times"), of
490 1ST Avenue South, St. Petersburg, Florida 33731, Phone: (813) 893-8315, And the CITY
OF CLEARWATER, FLORIDA, II Municipal Corporation of the State of Florida (herein "Buyer" or
"City") of P. O. Boll. 4748, Clearwater, Florida 34618-47"8, ATTENTION: City Attorney,
Phone: (813) 562-"010 (collectively "PartiesR) hereby agree that the Seller shall sell and
Buyer shllll buy the following real property ("Real Property") and personal property
(Rpersonalty") (collectively "Property") upon the following terms and conditions.
THE "EFFECTIV1!: DATE" or TaIS CONTRACT IS THE DATE or EXECUTION al DULl
AUTHORIZED CITY OFFICIALS. TIME 15 or THE ESSENCE IN 'I'H15 CONTRAC'l'.
Time pedoda of 5 day. or 10u .hall be cOlllputod without including
Saturday, SundAy, or national leqal holidaye and any tilDa period ending
on a saturday, Sunday or national legal holiday .ha1l be extended until
5:00 P.M. ot the next bu.ine.. day.
1. li'ROPERTY DESCRIPTION
UGAt. DESCRIPTION: The 'Heat 1U. 00 feet of Block e, H1t.GNOLIA PARlt SUBDIVISION, being
!DOr. .pacifically described a. all of Lot 1,2, 9 and 10, and the 'Heat
4.0 teet ot Lot. 3 and e, Block B, MAGNOLIA PARK SUBDIVISION, ..
recorded in Plat Book I, Page 70 of the Publio Reco~ of Pinella.
County, rlo:dda (to be confirmed by certified boundary .urvay)
PERSONALTY: NONE
2. FULL PURCHASE PRICE (aubjact to adju.~nt as provided in paragraph $
8 [SURVEY] below)
230,000.00
3. HANNER OF PAYMENT: City of Clearwater check in U. S. funds at time
of closing (subject to credits, prorations and $
square footage adjustmenta liS confirmed by survey)
... DETERMINATION OF PURCHASE PRICE
230,000.00
The Full Purchase Price as shown herein has been determined by current market value
appraisal of the parcel's fee simple interest performed by James M. Millspaugh, MAl, on
February 26, 1998 conforming to all current Uniform Standards of Professional Appraisal
Practice (USPAP)of the Appraisal Institute and Appraisal Foundation.
S. TIME FOR ACCEPTANCE I APPROV7\LS
Following execution of this contract by Seller, the price, tetm.5 and conditions as
contained herein shall remain unchanged IInd be held unconditionally open for a periOd of
60 days following delivery in duplicate original to Earl Barrett, Real Estate Services
Manager, in the Public Works Oepartment of the City of Clearwater for acceptance and
approvlll, counter-offer, or rejection by action of the Clearwater City Commission
'''Comm1ss~on"~. If this agreement is accepted and approved by the Commission, it will be
executed by duly authorized City officials and delivered to Buyer within 10 days
thereafter. If a counter-offer is approved by the Commission, it shall be delivered to
Seller in writing within 10 days of such action by the City Commission, and Seller shall
have 10 days thereafter to deliver to Buyer written notice of acceptance or rejection of
such counter-offer. If written notice of acceptance is not timely delivered, Seller may
consider late delivery as timely notice for execution of the contract, or d~terrndne that
the is null and void in all respects. If this contract is rejected by the Commission upon
initial pres~ntation to the Commisllion, this contract shall be null and void in lIl1
respects and Buyer shall be 110 informed in writing within 5 days of lIuch action.
6. !!!;!
Seller warrants legal capacity to and shall convey mark~table title to the Property by
Statutory Wllrranty, Trustee's, Personal Representativll I 5 or GUllrdian' s Deed, as
lIppropriate to the status of Seller, subject only to matters contained in Paragraph 7
acceptable to Buyer. Otherwise title shall be free of liens, casements and encumbrances
of record or known to Seller, but subject to property taxes for the year of clos.1ngl
covenants, restrictions and public utility easements of record; and NO OTHERS; provided
there exists at closing no violation of the fore9oing and none of them prevents Buyerls
intended use of the l'roperty for public purposes. Seller warrantll and represents that
there is ingress and egress to the Real Property sufficient for the intended use as
described herein. Personalty shall, at Buyer request, be transferred by an absolute bill
of sale with warranty of title, subject only to such matters all may be otherwise provided
herein.
7. TITLE EVIDEtfCE
Seller shall, at Seller expense and within 15 days prior to closinq date deliver to
Buyer a title insurance commitment issued by a~rida licensed title insurer agreeing to
liens, encumbrances, ell.ceptions or qualifications set forth in thill Contract, and those
which shall be dillchargcd by Seller at or before closing. Seller shall convey II
marketable title subject only to liens, encumbrances, exceptions or qualifications set
Page 1 of ~
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-
forth in this Contract. Marketable title shall be determined according to applicable
Title Standards adopted by The rlorida Bar and in accordance with law. Buyer shall have 5
days from receiving evidence of title to eXamine it. If title is found defective, Buyer
shall, within 3 days therea fter. notify Seller in wri ting speclfyinljl defect (5) . If the
defect (sl render title unmarketable, Seller will have 120 days from receipt of notice
'within which to remove the defect(s), failing which BUyer, Shall have the option of either
accepting the title liS it then ill or withdrawing (rom thil:! Contract. Seller will, if
title is found un~rketable, make diligent effort to correct defect(s) in title within the
time provided therefor. Seller may file suit to clear title at Seller's option.
8. SU1l.VEJ'
Buyer, at buyer's expense, Within time allowed to deliver evidence of title and to
examine same, IMY have Real Property surveyed and certified to the Buyer, Seller and
clOSing agent by a registered Florida land surveyor. The total purchase price to be paid
by Buyer to Seller shall be calculated by multiplying the total llCtUal ~quare footaljle
determined by survey by $'7.50 }:Ier square foot and adjusting the ilctual purchase ptice
accordingly. If survey shows any encroachment on Real Property, or that improvements
located on Real Property encroach on setback lines, easements, lands of others, or violate
any restrictions, contract covenants or applicable governmental regulation, the same shall
constitute a title defect. The survey shall be perfo~ed to minimum technical standards of
Chapter 61GI7-6, Florida Administrative Code and may includ~ a description of the property
under the Florida Coordinate System as defined in Chapter 11'7, rlorida Statutes.
9. CLOSING PLACE 1.ND DATE
Seller shall desi':1nate closing agent and this transaction shall be closed in the
offices of the designated closing agent in Pinellas County, Florida, on or before 4S day.
following the Effective Date, unless extended by other provisions of this contract. If
either party ill unable to comply with any provision o! this contract within the time
allowed, and be prepared to close as set forth above, after making all reasonable and
diligent effort~ to comply, then upon giVing written notice to the other party, time of
closing may be extended up to 45 days without effect upon any other term, covenant or
condition contained in this contract.
10. CLOSING DOCUHENTS
Seller shall furnish deed, bill of sale lif applicable), mechanic's lien affidavit,
Assignments of leases, tenant and mortgage estoppel letters, and corrective instruments.
If Seller is a corporation, Seller shall deliver a resolution ~f its Board of Directors
authorizing the sale and delivery of the deed and certification by the corporate Secretary
certifying the resolution and setting forth facts shewing the conveyance confo~ with the
requirements of local law. Buyer shall furnish closing statement.
11. CLOSING EXPENSES
Documentary stamps on the deed, unless this transa=ticn is exempt under Chapter 201.2~,
Florida Statutes, shall be paid by the Seller. Seller shall also pay the costs of
recording any corrective instruments. Recordation of the deed shall be paid by Buyer.
12. PRORATION$; CREDITS
Taxes, assessments, rent tif anyl and other revenue of the Property shall be prorated
through the day before closing. Closing agent shall collect ~ll ad valorem taxes
uncollected but due through day prior to closing and deliver same to the Pinellas County
Tax Collector with notification to thereafter exelr.pt the Property from taxation as
provided in Chapter 196.012(6), Florida Statutes. If the amount of taxes and assessments
for the current year cannot be ascertained, rates for the previous year shall be used with
due allowance being made for improvements and exemptions. Any deposits held by Seller in
trust for third parties in occupancy of the Property shall be credited to Buyer at time of
clos1ng. A5sessrnents for any improvements that are substantially complete at time of
closing shall be paid in full by Seller.
13. OCCUPANCJ'
Seller warrants that there are no patties in occupancy other than the Seller, or as
otherwise disclosed herein. Seller agrees to deliver occupancy of the Property at time of
closing unless otherwise stated herein. If OCcupancy is to be delivered before closing,
Buyer assumes all r1sk of 1055 to Property from date of occupancy, shall be responsible
and liable for maintenance from that date, and shall be deemed to have accepted Property
in its existing conditions all of the time of taking occupancy unlells otherwise stated
herein or in separate writing.
1t. PROPERTY CONDITION
Seller shall deliver the Property to Buyer at time of Closing in its pre:sent "as is"
condition, ordinary wear And tear excepted, and shall Ir~intain the landscaping and
grounds in a comparable condition. Seller makes no warranties other than as disclo$ed
hereln in Paragnph 20 ("SELLER WARRANTIES") and marketability of title. Buyer' 5
covenant to purchase the Property "all 1s" is more specifically represented in either
subparagraph a. or b. as marked (X).
Page 2 of 5
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a. IX) Aa Ie: Buyer ha~ inspected the Properly or waive~ any right to ins~ect and
accepts the Property in it~ present "as is" condition.
I'
b. I 1
Aa Ie Kith Right of In.pection; Buyer may, at Buyer expen~e and within 60 days
from Effective Date ("Inspect.ion Period"), conduct in~pections, tests,-
environmental and any other investigations of the Property Duyer deems
necessary to determine suitability for BUyer'~ intended use. Seller ~hall grant
redsonable access to the Property to Buyer, its agents, contractors and assigns
for the purposes of conducting the inspection~ provided, however, that all such
persons enter the Property and conduct the inspections and investigations at
their own risk. Seller will, upon rea~onable notice, provide utilities services
as may be required for Buyer's inspections and investigations. Buyer shall not
engage in any activity that could result in a mechanics lien being filed against
the Property without Seller's prior written consent. Buyer may termlnate this
contract by written notice to Seller prior to expiration of the Inspection
Pedod if the inspections llnd/or invellt1gatj,ons reveal conditions which are
reasonably unllatillfactory to Buyer, unle~s Seller elects to repair or otherwise
remedy such conditions to Buyer satisfactionl or Buyer, llt it~ option, may elect
to accept a credit at closing of the total e~timated repair costs A~ determ1ned
by a licensed general contractor of Buyer's selection and expense. If this
transaction does not close, Buyer llgrees, at Buyer expense, to repair all
damages to the Property resulting from the inspections and investigations and
return the Property to its present condition.
15. WALX-TKROUGH INSPECTION
At a time mutually agreeable between the parties, but not later than the day prior to
closing, Buyer may conduct a final "walk-through" inspection of the Property to deterndne
compliance with any Buyer obligations under Paragraphs 8 and 14 and to insure thllt all
Property is in and on the premises. No new issues may be raised as a result of the walk-
through.
16. SELLER HEIJ:I H1JU{LESS
Buyer is self insured, and subject to the limits and restrictions of the Florida
Sovereign Immunity Statute, F.S. 758.28, agrees to indemnify and hold harmless the Seller
from claims of injury to persons or property during the inspection15 and investigations
de~cribed in Paragraph l4(bl resulting from Buyer's own negligence only, or that of its
employee~ or agents only, subject to the limits and restrictions of the 150vereign immunity
statUte.
17. Ji>ROCEEDS OF SALE: CLOSING PROCEDURE
, The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in
ell crow by Seller's attorney or by such other mutually Acceptable escrow agent for a period
of not longer than 5 days from and after closing, during which time evidence of title
shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or
chllnge which would render Seller's title unmarketable f rom the date of the last title
evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer
shall, within the 5 day period, notify the Seller in writing of the defect llnd Seller
shall have 30 days from the date of receipt of lIuch notification to cure the defect. If
Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer shall,
upon written demand made by Buyer and within 5 days after demand, be returned to Buyer and
simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property
and reconvey it to Seller by special warranty deed. If Buyer fail~ to make timely demand
for refund, Buyer shall take title ~as isn, waivinq all r!ghts agatnst Seller as to any
intervening defect except all may be available to Buyer by virtue of warranties contained
in the deed. The escrow and closinq procedure required by this prov!sion may be waived if
title agent in~ures ad~erse matters pursuant to Section 627.7841, F.S. (19871, as amended.
19. DEFAULT
If this transaction is not closed due to any default or failure on the part of the
5eller, other than to make the title marketable after diligent effort, Buyer may ~eek
specific performance or unilaterally cancel this agreement upon giving written notice to
Seller. If thi~ transaction is not closed due to any default or failure on the part of the
Buyer, Seller may seek specific perfotTl1ance. If a Broker 15 owed a brokerage fee
regarding this transaction, the defaulting party shall be liable for such fee.
19. SELLER WARRANTIES
Seller warrants that there are no facts known to Seller that would materially effect
the value of the Property, or which would be detrimental to the Property, or which would
effect Buyer's desire to purchase the property except as follows; ~
Buyer shall have the number of days granted in E'aragraph 14 (b) above ("Property
Condition") to investigate uid matters as disclosed by the Seller, and shall noUfy
Seller in writing whether Buyer will close on this contract notwithstanding said matters,
or whether Buyer shall elect to cancel this contract. If Buyer fails to so notify Seller
within said time period, Buyer shall be deemed to have waived any objection to the
disclosed matters and ahall have the obligation to close on the contract.
Page 3 of 5
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20. RADON GAS NOTIFICATION
In accordance with provisions of Section 404. 0!l61 B I, Florida Statutes 119891, as
amended, Buyer is hereby informed as follows:
RADON GAS: Radon is a naturally occurring radioactive gas that, when it
has accumulated in a building in sufficient quantities, may present
health riSKS to persons who are exposed to it OVer time. Levels of radon
that exceed federal and state guidelines have been found in buildings in
Florida. Additional information regarding radon and radon testing may be
obtained from your county public health unit.
21. CONTRACT NOT RECORDABLE: PEI\.SONS BOUND
This contract nor any notice of it shall not be recorded in the public records. This
contract shall bind IInd inure to the benefit of the parties and their successors in
interest. Whenever the context permits, singular shall include plural and one gender
shall in~lude all.
22. NOTICE
All notices provided for herein shall be deemed to have been duly given if and when
delivered certified or registered with return receipt by United States Hail" properly
stamped and addressed to the respective party to be notified, including the parties to
this contact, the parties attorneys, escrow agent, inspectors, contractors and all others
who will in any way act at the behest of the parties to satisfy all terms and conditions
of this contract.
23. J'.BSXGNABILI'l'Y: PERSONS BOUND
This contract is not a'Jsignable. The terms "Buyer", "Seller", and "Broker" (if any)
may be singular or plural. This Contract is binding upon Buyer, Seller, and their heirs,
personal representatives, successors and assigns (if assignment is perndttedl.
24. ATTORNEY FEES: COSTS
In any litigation arising out of this contract, the prevailing party shall be entitled
to recover reasonable attorney's fees and costs.
2S. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract
in conflict with them.
26. NO BRORER
Seller and Buyer represent and agree they have dealt with no Broker or finder in
connection with the transactions contemplated hereby. Seller and Buyer further agree to
ind~ify the other from any damage, liability or expense either may suffer as a result of
any claim of a Broker or finder with whom it is deterndned that the other party has dealt
with 1n contravention of this agreement: except, however, that total City obligations
under this provision shall be subject to the limits and restrictions of the Florida
sovereign i/llllluni ty statute, F. S. 76B. 2B. Seller obligations hereunder shall under no
circumstances exceed those of the City.
27. EFFECT or PARTIAL INVALIDI'I'Y
The invalidity of any provision of this contract will not and shall not be deemed to
effect the validity of any other provision. In the event that any provision of this
contract is held to be invalid, the parties agree that the remaining provisions shall be
deemed to be in full force and effect as if they had been executed by both parties
subsequent to the expungement of the invalid provision.
29. GOVERNING LAW
It is agreed by and between the parties hereto that this contract shall be governed
by, construed, and enforced in accordance with the laws of the State of Florida.
29. COUNTERPARTS: FACSIMILE COPY
This contract may be executed in two or more counterparts, each of which shall be
deemed an original and all of which together shall constitute one instrument. A facsimile
copy of this contract, including any addendum, attachments and any written modifications
hereof, and any initials or signature thereon shall be deemed an original.
30. SPECIAL CLAUSES
Within 30 days following closing, the City covenants with the Times Publishing Company
to restore the landscaping, and reconfi.gure and reconstruct the irrigAtion system in that
portion of the Times property not conveyed in this transaction, but which was subject to
that certain lease agreement between the Times and the City which terminated April 30,
1999. Times Publitlhing Company will perform a review of the property to determine the
specifi~ property restoration task. to be performed to return property to essentially the
8ame condition as existed at time of the aforementioned lease commencement.
Page 4 of 5
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31. ENTIRE AGREEMENT
l
,
Upon execution by Seller and Buyer, this contract shall constitute the entire
agreement between the parties, IIhall supersede any and all prior ilnd contemporaneous
written and oral promilles, representations or conditions in respect thereto, All prior
negotiations, agreements, memoranda and writings shall be merged herein, Any changclI to
be made in this agreement shall only be 'valid when expressed 'in writing, acknowledged by
the parties and incorporated herein or attached hereto.
THIS IS INTENDED '1'0 BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD,
SEEK '1'HE ADVICE OF AN APPROPRIATE PROFESSIONAL FOR LEGAL, TAX, ENVIRONMENTAL
AND OTHER SPECIALIZED ADVICE PRIOR TO SIGNING.
, Date:
/-/3 - ')9
Seller: TIMES PUBLISHING COMPANY,
a Florid. Corporation
By: ~~~L
Vice President/Finance
59-0462470
federal Tax I. D. Number
[ ) APPROVED AND ACCEPTED this _ day of
, 1999.
countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Michael J. Roberto, City Manager
Rita Garvey, Mayor-Commissioner
Approved as to form and
legal sufficiency:
ATTEST:
Cynthia E. GOUdeau, City Clerk
John Caraasaa, Assistant City Attorney
TJ~~. Lot 'Cant. tRov.] 0199cwb
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LOCATOR MAP: ST. PETERSBURG TIMES PROPERTY
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Clearwater City CommlssloD
Agenda Cover Memorandum
Work sessIon Item #:
Q3
Final Agenda Item #
Meeting Date:
02118/99
SUBJECT/RECOMMENDATION: Approve the amended Interlocal Agreement for the Metropolitan
Planning Organization incorporating changes to the United States code pertaining to MPOs.
[EJ and that the appropriate officials be authorized to execute silme.
SUMMARY:
. The Federal Highway Division and the Florida Department of Transportation (FOOT) require that interlocal
agreements establishing local Metropolitan Planning Organizations (MPOs) be amended periodically to
incorporate changes to the United States Code pertaining to MPOs.
The agreement incorporates United States Code citations resulting from the Intermodal Surface Transportation
Efficiency Act (ISTEA).
. The FOOT District 7 Office has requested that the enclosed Interlocal Agreement be signed by participating
local government representatives, including the Mayor of the City of Clearwater.
. The Interlocal Agreement keeps the MPO structure in tack the way it currently is. The Agreement re-establishes the
authority and responsibil ities of the MPO as they currently exist.
. The United States Code citations resulting from ISTEA are currently in place. The Agreement establishes the Code as
it is currently followed by the MPO and local governments.
. If the Commission were to decline to sign the Agreement, that could cause problems with the MPO receiving funding
from the State.
Reviewed by: Originating Dept:
Legal ~ Info Srve ~. Public Works A Istratlon Costs N/A
Budget N/A Public Works User Dept. Total
Purchasing N/A DCM/ACM Funding Source:
Current FY CI
RIsk Mgmt N/A Other Attachments or
--
Other
fYt3R.A
o None
Appropriation Code: N/A
Rev.2/98 MPO Inlerlocal Agreement.ks
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MPC)- PINELLAS COUNTY
. ," METROPOUTAN PLANNING ORGANIZATION
14 South Fort Harrison Avonuo Clo3rwato" Florida 33756
(813) 46.~751 PhOne
(813) ~-4155 Fax
August 31, 1998
The Honorable Rita Garvey I
Mayor, City of Clearwater
P.O. Box 4748
Clearwater, FL 33758-4748
~~ Q.\O~Y- ~
c:a~~ C;S~,\
COPIES TO:
COf.A~I!;!:lnN
~EP 1 ~ 1998
PRe,);:
CL.EAK I ATrOFiNEV
Dear Mayor Garvey:
The Federal Hii,hway Division (FHW A) P..nd the Flctitj2, !)epartm=t of Transpo:t:l.tion (FDOlj
require that inter1<<:aJ agreements establishin, local Metropolitan Pla.nning Organizations (MPOs)
be amended periodically to incorporate changes to the United States Code pertaining to MPOS.
The FDOT DiStrict 7 Office recently requested that the encJosed interJocal ~ent be signed
by participating local government representatives, including the Mayor of the City of Clearwater,
and the PinelJas Suneoast Transit Authority (PSTA) Cbairpenon. Ibe enclosed document includes
revisions to the original 1977 agreement that were incOIporatcd in 1993. The 1993 amendments
created a seat on the MPO policy board for PSTA and a revolving seat for the Cities of Tarpon
Springs, Oldsmar, and Safety Harbor as part oCtile reapportionment plan mandated by Governor
Chiles in 1~. 'The eD.closcd agreement incorporates United States Code citations resulting from
the lnrennodal Surface Transportation Efficiency Act (lSTEA). It ~ the intention of FHWA and
FDOT to update these agreements hc.reaftu on a ten-year cycle.
Please sign the enclosed agreement, aloog with a witness, and return the document with the
signatUICs back to this office as soon as possible.. After the sienature pages from lhe participating
age.ncie~ and local governmenu are returned, a copy of die final document including aD the
requiItd signatures will be sent to your office. Additional copies win be filed with the Clet1c of
the Circuit Court in the Counties of Pi.ncDas and Hillsborough. Should you have an)' questions,
please feel free to call Al Bar101oUa or myself &1464-4751.
Sinr.ere1y,
K. Smith, Executive .
oneJlas County
Metrop()li tan Planning Ottanization
BKSI AB:c1c
Enclosure
),O'()\Conup.ci..,. 20.
PINELLA8 AREA TRANSPORTAnoN STUDY
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INl'ERLOCAL AGREEMENT FOR C REA nON OF THE
PL...ELLAS COUNTY METROPOLITAN PLAi"'r.'<<NG ORGANlZA TION
THIS tNTERLOCAL AGREEMENT is made and entered inoo this day of _
1998, by and between tbe FLORIDA DEPARTMENT OF TRANsPORTATION; the COUNTY OF
PJNELLAS; theCITJES OF ST. PETERSBURG, CLEARWATE~ LARGO, DUNEDIN, PINELLAS PAJUC,
OLDSMAR, SAFETY IlARBOR. TARPON SPRINGS; 4lld the PINELLAs SVNCOAST TRANSIT AUTHORITY.
REeIT A.LS:
WHEREAS, the FedemJ OOVemma:lt. under the 2Uthority of 23 use Section 134 and Sections 4(.1), SC,X I). and 8 of
the federal Transit AC1 [49 use Subsec:tioa. S303), requires that each metropolitan trea, as a condition to the receipt of
federal capital or opcR.tine a.ui5tan~ have a continuing. c:oopcrative, and comprehensive tramportllion planning process
that results in plam and programs coMis\c:Qt with the tiOmprcl1ensivety planned development of the metropolitan areI. and
stipulates that the SUb: and the! metropolitan pfanniog organization shall eofa' into an agreenwnt clearly fdeatifying the
responsibilities for coopctatively canying OUE such transportation planning;
WHEREAS, the partks ofthislntt:tloca1 Agrccmcnt desire to participate c:ooperativdy in the ptrConnanee. on .
c:ontinuing basis. of I coo:dinated, c:omprebensivc traJUportation ptannins process to as5UIe lfLa1 highway fad1itias, mass
transit, rail systems, air U"AlUportation and other: facilities will be properly focared and developed in relation to tho overslf plan
of community ~eJopment;
WHEREAS, 23 use Section. 134, as amcnrled by the lntennoda1 Surfaa. Transportltion Efficieo.cy Act of 1991, 49
use Settion 5303. 23 CFR SectIon 450.306. and Scctioa 339.17S. Florida StatUteS, provide for the ~on ofmotropoUtan
planning organizations to deve10p transport4tion plans and programs ror mea-opqtitm &IUS;
WHEREAS, punuant to 23 use Section 134(b149 use Section 5303,23 CFR Secdon 450.306(a). and Section
339.175, Florida St&tUtes. & detcnnin&llon has been made by the Governor and units of ienml purpose local aovcmmenl
reprcsentin, at least 75% afthe affec:ted population in the metropolitan area to designate a tnctropoIitan planninS
organizatio~
WHEREAS, P'Jr'uant to Section 339.175(3). Florida Statutes.. by letters to the MPO Claalrma. dated July 1.1993
aad July 2S, 1995, the Governor conditionally agreed to the apportionment plan of the membtrs orthe proposed MPO as set
forth in \his ~ unul the Florida. Tl"lIUportation Commission reviewed me regional planninl process on a statewide
basis foaLsing on Jatio, muttl..county merropoUtan areas.
WHEREAS, pursuant to 2J CFR Section ~SO.306(c), and Section 339. t 7S(l)(b1 Florida Statutes. an interlO<:al
agreement mU!l be cmCRd into by tho Ocpvcment and th. iovemmenw entities desisnated by the Governor for membership
on the MPO;
WHEREAS, tb4 interl~ ~t is r:quited to treat. the metropolitan p!2lU\ing oJiMllzation and delineate the
provisions for opendon oftbe MPO; ,
WHEREAS. the undersigned parties blve dc:tcnnincd that this Agreement sati5fies the requirements ofmd is
consistent with Scedon 339..1 75(IXb)' florida Statutes;
WHEREAS, pt.U"ItW11 to S<<:ticn 339.17S(1){b), FtorUJ. Statutes. the irrttttoW agreement must be consistent with
statutory tequircment1 set forth in Seetlon 163.01, Florida S~ relating to intcrlocaJ agreemenbi and
.,.
WHEREAS, the undctsigned ~es have detenn.ined that this Agrcc:ment is consistent with the requ~tS of
~OD 163.01. Florida Statutm.
NOW, THEREFO~ in consideration of the mutual covenants, pronilic3, and representation herein. the plltit$
des~g to be lepJly bound. do a&rec as follows:
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AR. TICLE I
, REClT ALSj DEFINmONS
Scaion 1.01. Recital..1. Each and all of the foregoing recitals be and the same hereby incorporated herein and
aeknowlcdged to be tOle and c:orrcct to the best of the partics' knowled&e- FaJlon: of any ofrbe forq,oina recitals to be b'Ue
and correct shall not operate to iDvaUd.uc this Agrecmc:nt.
Section 1.02. I&tinlt\ons. Tbc foUomng words when wed in this Agreement (un1ess Ihe conteXt shan clearly
indic.ue me contnzy) shaff have the (ollowing meaninas:
"'Agreemern" means and rcfen to rhis inutument, as amended 6-om time to time.
14De9a.runent" shall mean and refer to the Florida Departmel1[ o(Transp<nta;ion. an .gency o(tbc Swc o{florida
created pwsuanl to Section 20.23. Florida StatUtes. .
1& FHW A" means and refers to the Federal Hlghway Adminimation.
"'FT A" means Md rdcn to the Ftderal Tnmsit Administration.
"Lona lUna- TJiWportation Plan" is the 2(}.yoar plan whid1: i~\fies transponation &cilitics; inetudes a financial
plan that demooltrates how the plan can be: implemented and assesses capital improvc:meuts Dece:swy to pn:&ervc the
exlsona metropOlitan transpolUtlon 5)'5tem and make cfticle>l Woe of e:xistiq transportation facilities, indicms propos.ed
ua.nsportation enhanoc:mcnt activities; and in oz011&'~ monoxide nonatta1nmc:at areas is coordirWed with the Slate
Implementatloa Plan. aU as required by 23 use Section 134(g). 23 em Section 450322. Section 339.175(6). Florid4
Scawtcs.
IolMetropoUtan Area" Il1CtlDS and refers to the plAnning area as delineated by the MPO (or the urbanIzed area
colltaining at least a popu1atioa ofSO,CXlO IS desaibed In 23 use Section 134(bXl). 49 use S<<:tion 5303(cXI). ane:!
Scctioa. 339.175. Florida Statutes., wbkh shaH be subject to the MPO.
"MPQ" means and rdcn to the metropolitm planning organizatloa forDlCd punUlnt to this Agreement.
, "Transpoltation Improvement Program (TIP)" is the ~OQ document whkh includes the fOnowins
components: a priority list ofprojccu and projec.:t phases; a list ofprojccts proposed for fundins; I financial plan
demonstratini how the TIP can be implemc:nrcd; a Jistins or group projects; an indka1ion of wbtchet the ~ and project
phases are ~nsistc:ot wi1h applic:able Soca1 government QOQl(l~ivc plans adQptcd punua.nt to ScQioo 163.3161 Sital..
Florida StatuteS; and 40 indication oflww improvcmeuts Me comment. 10 lb, muimum =em faa1itieJ., wUb aft"c=d
seapot1 and airpon. mute( p\aDs and with public transit dcvclopmeal pl.am of tho units oflocll pcmmcot located within the
boundaries oCme MPOr all u requlred by 23 use Scctioo 134{b). 23 CfR Section 450.324. Sec:ti0ll339.J7S(7);. .Florida
s~. .
"Unified Planning Wort Pro(p.m (upWP)" is the annUlI plan dcvclap6d In cooperation with the ~t and
public transportation praviders, thIt 1i1rs all ptanning wks to be undertaken durlni . programyc:ar. togedJ.er with a cxunpletC
description thereof.nd an estimated budp, ~ as required by7J CFRSectioo 4:50.314, and Section 339.175(8), Florida
Statu1es.
ARTICLF.':z
~St=.
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Section 2.01. pcnera.1 ~ The PUl'pO!O of this Aiftement is to establish the MPO:
(a) To assist [n the development oftransportatioo sY'temS anbracina various modes ofttansportation in I
manner that will maximizo the mobility of people and goods within and through this mettapoUtm area of this state and
minimize. 10 the maximum extent feasible for tral1$portadoa-reIatcd fuel cocuumptioo Md air poDUlion;
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(b) To develop transponation plans and programs, in cooperation with the Depanrnent, which plans and
programs provide for dle development of transpOrtAtion facilities that will function as multi-modal and an intcnnodal
transportation system ror the metropolitan IRa;
(e) To implement and ensure I cootinuine. cooperative. and comprehensive transportation planning ProteSS
that results in coordinated plans and proarams consistent with the comprebcnsively planned development of this affocted
metropolitan area in cooperation with the Dep.vtnlent;
(d) To assure elisibility fOf" the receipr ofFodcraJ capital and operating assistance pursuant to 23 use Sedion
134 and Sections 4(a). S(g)(I), and 8 of the Feden1 Tl"SJ1sn Act [49 use Subsection 5303. 5304,5305 and 5306); and
(e) To can)' out the mdrOpOlitan transporu.ti()n pbnnin& process, in cooperation with the Depe.rtmcm. as
required by 2) use Se<;tjon 134 and Settions 4(81 5(g)(1). and 8 oCme Federal Trmsit Act [49 use Subsection $303,
5304,5305 and ~306]; 23 eFR. Parts 420 and 450 and 49 CFR. Part 613. Subpart A: and consistent with Chapter 339
Florida StatUtes, and other applkabJe swe and loca1le.ws. '
. Section 2.02. Mel9r MPO ~~pon~wilitim. Tho MFa is intended to be a forum for coopcndive decision
makini by officials oftbc govemmcmaJ eatJtics which are party to this ~I in the development of transportation-
rel4ted plans and programs. Including but not limited to:
(a) The long fIJl&C tranSpottation plan;
(b) The cransportatlon improvement pcopm;
(c) The unified plannlni \\1Xk ptOIJSJn;
(d) A congestion management system for the mctropolitln area a.s roquired by swo or fcdcrallaW;
(e) Assisting the Department in mappina, traDsportation plmning boundaries rcquind by state or fcdenJ law;
(f) Assisting the Department In performing its duties relating to ~ managcmen~ functional da.s.sificar.ion
of roads. and datt collection: and
(g) Performing sudl other tuks prescmly or bcrea1\ef required by ltate or Cedcra11aw.
Section 2.03. MPO dqJons coordin!tod vmh moT and c.ons~t With tom"ensiye plam. Chapter
334, f10rida Statutes, &f1.DD the broad authority fIX' the OepamncntlJ reI. Us tnWportItioa. S<<:tJoa 334.044, Florida
Statutes. shows tho 1eg,islative mteol thu tilt l;)epattma2l shall be responsible for cocntin.ItiDg the p1ann1na of a safe, viable
and balanced sWo tranJpottation sys=n serving all tqicms of the State. Scctioa 339.155, Florida SCatutcs, nquires the
DepartInent to develop a statewidt tnnsportaUon plan. whic:h considers. to the In''Yimum ext.c:Ill feasible. stratc&ic regional
policy plans, MPO plms, an4 approved Joc:a! goYCmme4t comprehensive p1anJ. ScctioG 339.175, Rorida Statutes, I~CS
Ihc authority and responsibility of'tho MPO and the Department in Chc ~ or a COIltinUin& cooperative. and
comprehenslvc transpotUtion plan:ftin& p~, for1hc ~ a.ra.
1n fulfillmcnt of this purpo$Cand in thca.erciseoftht various powers atataoJ byCb.aptcn 334 and 339, Florida
Sta~ the Depanment and aD pttri~ to Ibis Agrcernart lcla1owkd&t that the provisions of the Local Oovamnent
Comprehensive Plannin& and lAnd Development ReauJation Act, SectJoas 163.3161-3215. Florida StatuteS. ace applicablo EO
thfs Agreement. The parties to this Asrccmcnr,ball take puticularcare du.t the planning proce1$CS and p"'"pma integrity of
local govemments as see forth in moremcntioned taw shall DOt be infiinpf upoo.
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ARTICLE 3
MPO ORGANIZATION AND CREATION
Scttion 3.01. Establishment ofMPO. The MPO for the metropolitan areA as described in the membership
apponionment plan approved bY. the Governor is hereby Q'CAted lOd eatablished pursulnt to the Agreement to cil1")' out the
purposes and C\1l\ttiO!1.S set forth in Articles 2 and S, The I~ name or this metropolitan plannine organization
slWJ be PlNELLAS COmrTV METROPOLrt'tN PLANNING ORGANJ7.A nON.
Section 3.02. Mfa to qpeRte pU{:$\!lnt to JAW. In the event that any erection. referendum, approval, penni~ noric:e,
other pI~inl or autborizatioa is rcquirtd under applicable lAw to undau.kc AnY power, duty, or responsibility bc:rcundcr,
or to obsct'vc. assume. 01 cany out my oCthc pcovbiOllS oftbis A~~ the MPO will. to t.bc extent of its legal capacity.
comply with aU applkablc laws and ~ts.
Section 3.03. OoYeming boardJo Bet IL~ poli"'-Itlwns bo4y of MFO. The governing board established
pursuant to Section 4.01 oCthis Agn:lemeot shall be the policy-making body forum ofthc MfO responsible rOt coopetativc
dedsion-rnAkina of actions taken by the MPO. The Govcmina Board is the polic:y-making body that is the forum for
cooperative decisioo-mUing and will be taJcina. the required approval action 15 the MPO.
. Section 3.04. Su~mi!Sion of proceedings' CoQtrads It'd other docum~ts. Subject to chc right to chum an
exemption from the Florida Public R.ecmds Law, Chaptct 119. FloridA Statul~ the parties shall submit to each other such
daU. reports. records, ~ and other documents relating to its perfonnAOC.e as a m.euopolitan plnnning ocpnizatiOD as i$
requested. Chuges to be in xcordAnce with Chaptct 119. Florida Statutes.
Section 3.05. Rjzh3 of'J'CVicw. All parties to thii Agreement. and the ~ FedetaJ funding 1getlICy (ie.,
FHW ~ ITA, ~ F M) shall have tbc: rights oltcchoical micw Al'd oommem of MFa projectJ.
ARTICLE 4
~O~OSnoON:~ERS~:~SOFO~cg
SCdiou 4.01. Composition and mem~hip ()f~;ngboard..
(a) 1bc membetship of the MPO shall c:oosist of eJeftd (J I) votiJJ& representlbVe5 and one (1) noo.votiog:
n:p~tative. Tbc names oftbc member local JOYctnmcntaJ entities and the "otini apportionment otthe govcmin& board 1$
approved by the Governor sh.alI be as foUowa: P1NF.LLAS COUNTY (3), ST. PETERSBURG (1), CLEARW ATEa (1),
LARGO (1), DUNEDIN (11 PINELLAS PARK (I), OLDSMARlSAFETV RARBORITARPON SPRINGS
CONSORTIVM (1) AND PINELLAS SUNCOAST TRANSIT AUl1IOIUTY (I). By statute. the DEPARTMENT shaU
h&vc 060 aocrvoting mcmbtt.
(b) All votioa RP~tAtivCl shall be elcdtd officials ofSL PdcnbufJ, Clearwater, La~ Dunedin,
PioeUas Park, Oldsmar, Safety Harbor, Tarpon Sprmp, aDd PiltdJu County, except to the CUCDt that the MPO
includes, as part of iu apportioned voting mcmbmbip. .. member of a statutorily autboril.cd pllDIlins board or an official of
Pindtu StLdealJt Truslt Authority, en agency that operodes or administers I mJjor JDO<k of trllUpMltiOD. All individuals
acting as a reprcscmadve of the aoV(ming board o!tbc county, the city, or autbority shall first be ~ by sm ~g
boItd.
(c) In no event shall the county ~miS5ion reprcseatatives cocslitulB less than 20 pen:eot orabe toraJ
number of representatives on the MPO in ICtOrdancc with Chlptet 339. 175(2){a). Florida Statutcl.
(d) In the event that a aovern.mental CD1i1y that is a member orthc MPO fails to flll an assigned appointment
to the MPO within sixty (60) days aRcr JJOl:itic&tioa by the Governor at its duty to ~ a represenwive.1hIl Jppoiotmcnt
sball be made by the Govc:roof from the eligible individuals of that govetn~~' tntity.
Scctioo4.02. Imm-
, The tcnnorofEtcofmembcn oftbcMPO.haD be four (4)yeafS. The term of
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office for the OLDSMARlSAfETY HARBOR/T ARPON SPRINGS CONSORT rUM of municipalities shall be one (I) year.
on an annually rotatina basis. The membership of a member who is a public: official automatically lennlnatts upon so.td
offlcia11eaving the elective or appointi~ office for any reason, or may be terminated by a majority VOle of the ICtal
membcnhip of the governmental entity represented by the member. A vacancy .hall be mlcd by the or1ainal appointing
entity. A member may be appointed for one or more additional four (4) y~ temu.
ARTICLE S
AUTHORITIES. PQWERS. DUTrF.5 AND RESPONSWrLrrrES
Section 5.0 I. PenettJ 'UthoriO'. The fv{p() shall have an authorities, powers and duties, enjoy all .
ri&hts, privileges, and immunhics, exercise all responsibilities and perform aU obligations neccssary or appropriate 10
manaains a a3ntinulna. cooperative, and comprehensive transportation planning process as sptcified in Section 339.17S( 4)
and (5). Florida St.alutes.
Section S.02.
~fic ~\11orltt and ~eT3. The MPO Bhall bave the foUowing powers and
authority: .
<a) , As provided in Section 339.l7S(S)(g), Florida Statutes. the MPO may employ penonnc1 and/or ~y
enta' into coatraets with local or SU1C agencies and private planning or engineerini firms to utilize tho staffresourcc8 of local
andIot sfBZe qeociCS;
(b) As provided in Seaion 163.01(14), Florida Satutts, th( MPO may cnterinto contracts for the
performance of savice functions of public aremies;
(e) As provided in Soc:tion 163.01 (S)(j), Florida Stan1t~ the MPO may acq~ o~ opemte,
maintaIn. sell. or leue real and penonaJ propeny,
(d) AJ provided m Section \63.0 1 (5Xm). Florida StDtutes., the MPO may ~t funds, grants,
a.u1stal1<<; gitb or beqUtStJ from local, State, and Fcdetal J'CSOt1.\"tIe5;
(c) Tho MPO may promuJpte rules 10 effectuate it3 powetS. responsibilities. and obligations
eaum.c:ntcd herein; pnNided, that said MOl do Dot sup<<sed.e or c:onflict with applicable toea! and st2te laWl. roles and
regulations; &nd]
(I) The MPO shall have such powm and authority as speetfically provided in SectioDs 163.01 and
339.115, Florida St&lUtcS. and as may othuwisc be provided by fe&nJ or staU: law.
Section S.03. Duti~ and mponsibili~. The MPO shall h&ve the (oUowin& duties and
responsibilities:
. '
Ca> A:1, pro\'ided in Section 339.J 15(S}(d1 Florida $tWIet. the MPO $hall create and appoint.
tccbn1c:al advisory committco;
(b) AJ provided in Scdioo 339.175(5)(0). Florida Sta.tu~ the MPO aha1l create lAd appoint. citizens'
advisOfy committee;
(c) As provided in Section Hi3.01(5Xo)' Florida Statutca, the MPO manborship shall hejointly and
severally liable for liabilities, and the MPO may re$pOOd to IUcb lJabilitios throuah the purcba$o oflnsUl'l1DtO or bonds. tho
retention of legal counsel. and. IS approp~ the approval of settlmlCC1ts of claiIm by ih sovatl.ing board;
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A part)' may unilaterally change iU address or addressee by givina noriel: in writing to me'olhcr parties as provided in this
section. Thereafter, notices. demands and other pertinent corrtSpondence shall be addressed and transmitted to the new
address.
Section 7.0S.
(nttq)rttan9D.
(a) ~ oC A~L The Department and the members oflhc MPO were each represented by
or afforded the opportunity for reprcscntatlOO by lepl counsel and particilmcd in the draft.i.og of this Agreement and in
cltolc:c orwordina. Consequently. no provision hereof should be more strongly constrUed against any PartY IS drafter or this .
Aarcemcnt.
(b) SevenbiliIY. Invalidation of anyone of the provisions of this Aareement or any pm, clause or
word hereof; or the application thereof in specific arcumslances. by jud~t. court order, or administrative hearin& or order
l,hall not affect an)' other provisions or applications in other circumstan~ all of which shall remain in full force and offeu;
.provided. that IUch remainder would that continue to tonfonn to the tc:nnS and requirements of applicable law.
(c) Rules s>r C01)~~ion. In intetpretlng this Agreement, the following roles of construction shalt
apply unless the t;Ontcxt indk3tc1 othc:nvi!c:
(1) The sin&U1ar of any word or tc:nn includes the plural;
(2) The masculine gender includes the feminine geodc:t; and
(3) The word "shall-Is mandatory, and "may" is pem1wive.
Scctioo 1.06. Enforcement by parties hefeto. In the event of my judieial or sdministraU.vo ~OD to
enforce or int<<prct rhis Agreement by any pm)' hCRfC. each party shall bear iu own attorncy's fees in conoc:c:tioa with Such
proeeedina.
Section 7.07. A~ent execution: Us~ of count~art ~~ature ~. This Agreement, and any
amendments hema, may be simUltaneOusly txeaJtcd in several counterparts, each of which so executed shall be ~ed to be
an orlifnaJ.. and such counterparts toaethCf shall constitute one and the same instrUment.
Stction 7.0S.
Ef(ectlyc Mfa: Cott of recordalis>n.
(a) l;1I'!:dive dAte. This Aifeemcut shall become eftemve upon its filing in tho Offioo of tho Cle:k
of the Cilwlt Court of each counry in which a petty h.aeto is 1ocatcd.. Any ~droeat he:mo JbaU ~mc effective only
upon its fl1inB in the Oftlce of the Clc::k oftbe Circuit Court for each COWlty in which a put)' hereto is Iocatod.
(b) R~oq. PlNELLAS COUNTY MPO hereby agrees to pay for any costs orreoordation
or filin& of this Agm:meot In the Offi~ oftbe Circuit Court for ead1 county 1D which a party is hereto lQCattd. The rcconSed
or filed original heteai; C)t' any smendtnent. shall ~ rerumed to th~ MPO for flUng in its records.
tN wrrnESS WHEREOFa the undemgned partIes have executed this lntc:rJocal Aereemart on bebalfof
the rcfeconoed legal entities end hcroby establish the above desi~ated MPO.
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ARTICLE 7
MISC~LANEOUS PRQVISION
Section 7.01. ~on~titution&1 or stl)NtOl)' duties and rcsponsibiliti~ o(pi\ttits. This Agroctncnt shall not
be construed to authorize the delegation of me constitutional or statutory dutiC$ of any of the parnes. In addition, this
Agreement does not relieve lUl)' of the parties ofan obllptlon or rcsponsibiUty Unposed upon them by law, except to the
extent ofacwa.l and timely performance tberoofby ODe or more of the pani~ to this A.&rcemcnt or any legal or administrati...c
entity created 0( authorized by thb Aar=ncnr. in which case this performaJltC may be offered in satisfaction oCebe obligadon
Of responsibility.
.
Section i .02. Amendment of Agreement. Amendments or modifications orthis ^iJ'eement may on\~'
be made by written agreement s;gned by aU parties heR to with die: same formalicies 1$ the orieuw Agrccmear. No
amendment may ahtf the apportionment or jurisdictional boundaries of the MPO without approval by the Governor.
Scaion 7.03.
OlJwion: witbdra~l procedure.
(a)' UJl~CIL This Ag:rcemeat sball remain in effect unill temllna1cd by tlu: parties lO \his ^~cnt;
provided. at least f:YtJty five (S)years thereafter. the Governor shall examine the compo$itioG oftbeMPO members'hip and
rupponlon it as necessary to comply with Section 339.175, Florida Statutes, as approprlat.e. DuMa txttJft\Dltlon of \he
MPO apportionment evttry five (S) yeas by the Oovernor, thit AiJ=nmt shall be reYlowed by the MPO and the Dcpertmcnt
to oonfum the validity of the contents .and 10 recommend amendments. if any. that are required.
(b) Withdrawal procedure. Any r>mY, except PINELLAS COUNTY, and the cldet of
CLEAaW ATER. artd ST. PETERSBURG. whiclt are United States Bureau afme ~us designated etnter citIes. may
withdraw from this Ag;rcanalt after pr~a: in written Corm. notice otintmt to withdraw to tho other part1cs to this
Agreement and the MPO, at least n;nety (90) days prior to the intended date of withdrawal. Upon r<<:eipt of the iotended
notice of withdrawal:
(1) The witbdrawm, member and tho MPO shall exeeute & memonndum rcflectin& th~ withdra.wal of tht
mcmbtr and alteration of1he lise ofmc:mber &ovem.mcutS that arc signatories to this ~ Tho memorandum shall be
filed in the Office of me: eluk of the Cimlit Court ofeath tounty in which a party heretO is Ioca.ted; It\d
(2) The Office of the Oovcmor shall be tontaCted, and the GovcmOf, wi1h the agrtcmcnt oCme
rcmainini members orme MPO, shall dotcnnine whetha &D)' re:apponiOM1enI of the membership shall bo appropriate. The
Gcn'emOf and the MPO shall review tho pn:vious MPO dcsi&nation, applicable F\orida an410cal taw, and MPO rules for
appropriate rtvision. In the event tbat llIOtber entity is to a<<ordcd me:mbenhip in tho pIac>> oftbe member witbdr&winJ from
the MPO, the pIrtl~ tdnow\cdge 1hat pur$1Wll to 2J CPR Section 4S0.306(k), adding membership to eM MPO does not
automatIcaUy require rcdeslpatioa or(bc MPO. In the event that 8 p.sny wbc b not . 1:pa1ory to sh;$ Ajrcancnt b
acconJcd membership DO the MPO, membership shall D~ bec:ome effective until this ~neot is amended to rotlcct that the
nrNI member has joined the MPO.
Section 7.04. No6a:s. All notices. dcmaDdJ end correspondcoce required or provided Cw ~ this
A&t~ncnt shall be in writIng md cSelMmS in person or dlspatched by ccrtificd mail. postage prepaid. ~ receipt
requested. Notice J'Otlu1red to ~ &lvcn shall be addrc:sud lU follows: .
Mr. DoMld J. Skdtoo. P.E. PiDeflas County Mcttopotitan Planning ~il;ttfOft
Oi.strict Seven Diredor of Pbnnini and Programs Ann~ PlneUas County MPO Executive Ditcctor
11201 N. McKinley Drive 14 South Fort Hanisoo Avenue
MS 7..300 Clearwater, FL 33756
Tampa. FL 33612
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MUC*t 'lA""~
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.
(d) AI provided in Section 339.175(8). Florida StatUtes, the M.PO shall cstablish a budget which Shilll
operate on a fiScal year basis consistent with any rcquire.meots of the UnWed prMning Work Prol:ram;
(e) The MPO. in coop<<ation with the Department, shalt carry out the metropolitan transponadon
planning proeeu as required by 23 CFR Pan 420 and 450. and 49 CFR Part 613, Subpart A. and consistent with Chapter
339, Florida StalUtcs, and other applicable state and local laws;
(I) As provided in Set1ion 339.175(9)(a). Florida SWutes, the MPO shan enter into agreements with
the Department, operators or public transportation systems and the metropolitan and rcaional intergovernmental coordination.
and review a&tncle:s servina the metropolitan area. These agrcemenU will prescribe the cooperative manner in which the
tranSportation planning process will be coordinJled and included In the comprehensively planned development of the area;
(g) Prepare the Long-Range Tnuuportation Plan;
(b) In cooperation with the Depattment, preps.re the TransportAtion lmprovement Proeram;
(I) In cooperation with the Depattment, prepare and annually updstc the Unified Plannlng Work
Program;
(j) Pn:paro a congestion management system for the metropolitan area;
(k) As5lst the Department in mapping transportation pllU1~ipg boundaries l~Uired by ita%e or federal
law;
(1) Assist the Dtpartment in performing its duties rellttna to accc.u managemcm. funCtional
classification of~ and data coUec:tion;
em) Ped'onn such other tasks prcscotly or hereafter requimJ by state or fedtraJ taw;
(D) Execute certificatiOM and agreements necessary to comply with state or federallawj and
(0) Adopt openting rules and pf'OCClduIa.
ARTICLE 6
Em:IDlNG: INVENTQR"( aEPORT~ RECORo.I<EEP~
5<ctiCG 6.01. Fundina. The Department shall allocAtt to the MPO for iu performance oriB
trlnSportation p!ann1na and proaramming duties. an approprla~ amount offedcnl transportation plannina. funds.
Sedioo 6.02. fnvento{y n;.ort. Tho MPO .tgrte5 to iuventol)', to maintaln records of and. to insure
propct ute, control. and disposal of aU nonexpendable tangible property lequIn:d punuant to fundini under thiI AgrcemenL
This shall be done in aecordance with tbt requirements 0(23 CFR Part 420. Subpart A, 49 CFR Part 18, Subpert C, and all
. ocher appUcab\c federal regul&tJons.
." .
Scctton 6.03. . Recmd-kt.epin2 And ~f;.fI.\ ret~tjQJl.. The Dcpa.rImI;ot and the MPO ,hall prepart
and retain all records in accorda4ce with mo fcdc:raJ. and state requirements, includiua but not limited to 23 CfR Part 420.
Subpart A. 49 CfR Part 18d, Subpart C, 49 em Sedion 18.42. and Chaptet 119. Florida StAtUtes.
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, Interlocal Agreement to Re-establish the Pinellas County Metropolitan Planning Organization
Countersigned:
OIl)' OF CLEARWATER. FLORIDA
By:
Rita Garvey
Mayor-Commissioner
Michael J. Roberto
City Manager
Approved as to form:
Attest
John Carassas
Assistant City Attomey
Cynthia E. Goudeau
City Clerk
,.
TOT~ P.12
8SWi
Clearwater City Commission
Agenda Cover Memorandum
Worksession ltel1l #:
Final Agenda Item # 'd-.~_
Meeting Dale: a. l ~ ,e; I
SUBJECT/RECOMMENDA TION:
Pass Ordinance 6391 -99 on first reading restructuring the Solid Waste Ordinance requiring dumpsters to be removed from
view of thoroughfares or screenedi requiring residential refuse containers to be removed from the curb and stored from view
and providing a penalty for non-compliancei requiring lawn and tree mainlenance contractors to remove and dispose of the
debris from their work; transferring authority from the Department of Public Works to the Department of Solid
Waste/Recycl Ing
I!I and that the appropriate of(fclals be authorized to execute same.
SUMMARY:
There are many commercial solid waste containers (dumpsters) visible from streets and thoroughfares. The dumpsters are
unsightly and degrade the aesthetic appeal desired for our city. Requiring the dumpsters to be screened from view will
improve the overall appearance of the city. The ordinance provides a reasonable means to accomplish this without imposing
an undue hardship upon citizens and businesses.
Residential refuse containers are being left at the curb or in rights.of.way between collections rather than being removed after
collection and stored. The Solid Waste/Recycling Department has had a policy for many years that these containers be placed
at the curb for collection no earlier than 7:00 PM the night before collection and removed by 7:00 PM on the day of
collection. Most citizens cooperate. There are several sections in the city where a significant number of citizens refuse to
cooperate and have their containers at the curb permanently. This practice degrades the appearance of the neighborhood and
generates complaints from the citizens who do cooperate. Approving this portion of the ordinance revision will enable the
Solid Waste/Recycling Department, in cooperation with the Community Response Team, to require the removal of containers
from the curb. This can be done in a nice way. Citizens will be warned first. If the warning is ignored, then a $ 1 O. per
incident fine can be assessed, If a citizen becomes a repeat offender, then the Solid Waste/Recycling Department can put the
citizen on rear-yard service at the appropriate rate and return the container for them.
lawn and tree maintenance contractors are leaving very large piles of debris for Solid Waste crew pick up and disposal. All
service routes must be completed on the scheduled day. Those large piles require special handling and/or overtime. The
Solid Waste ordinance for many years required lawn and tree contractors to remove the debris generated by their work. This
requirement was inadvertently omitted in the previous ordinance revision. The requirement is being reinstated to keep costs
down. Offenders are subject to an administrative charge and repeat offenders are subject to loss of their occupational license.
Solid Waste/Recycling is now a separate department and no longer under the Public Works Department. The ordinance is
being revised to transfer authority from Public Works to Solid Waste/Recycling.
Rcvie wed by: Originating Dcpt: ~. 'i?1. ~ . Costs
legal ~ Info Srvc N/A Solid Waste/Recycling Tolal None
Budg et N/A Public Works N/A User Dept. Funding Source:
-
Purch asing N/A DCMlACM Solid Waste & Comun. Response Currenl FY CI
-
RiskM Gmt ~ Other Attachments OP
-
Ordinance 6391.99 Othe
Submitted by: (Y\.:r'R J~
City Manager C!J
Printed on recycled paper
o None
A ro rlation Code: N/A
Rev, 2/90
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ORDINANCE NO. 6391~99
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA,
RESTRUCTURING THE SOLID WASTE ORDINANCE,
REQUIRING DUMPSTERS TO BE REMOVED FROM VIEW
FROM THOROUGHFARES OR SCREENED, REQUIRING
RESIDENTIAL REFUSE CONTAINERS TO 8E REMOVED FROM
THE CURB AND STORED FROM VIEW~ AND PROVIDING A
PENAL TV FOR NON~COMPLlANCE, REQUIRING LAWN AND
TREE MAINTENANCE CONTRACTORS TO REMOVE AND
DISPOSE OF THE DEBRIS FROM THEIR WORK,
TRANSFERRING AUTHORITY FROM THE DEPARTMENT OF
PUBLIC WORKS TO THE DEPARTMENT OF SOLID
WASTE/RECYCLING; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the current Solid Waste Code requires revision In order to include Issues
relating to dumpsters and other debris; and
WHEREAS, it is determined to be fair and reasonable to adopt the recommendations of
the Solid Waste Department to establish a policy relating to dumpsters and other debris; now,
therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. That Article VII of the Code, Sections 32.271 through 32.322, are hereby
amended as shown in Attachment 1.
Section 2. Should any section, paragraph, sentence or word of this ordinance be
declared for any reason to be invalid, the same shall not affect the validity of the ordinance as a
whole, or any part thereof other than the part declared to be invalid.
Section 3. All ordinances or parts of ordinances in conflict herewith are to the extent of
such conflict hereby repealed.
Section 4.
this ordinance shall become effective upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Approved as to form:
Attest:
~'- ~
John Carassas
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 6391-99
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Interdeparbnental Correspondence
120ll&-0004
TO:
FROM:
COPIES:
City Commission
Robert M. Brumback, Director of Solid WastelRecycllng 1?yn. ~
Mike Roberto, City Manager; Rick Hedrick, Deputy City Manager; Jim Maglio,
Assistant Director SaUd Waste/Recycting; and File
SUBJECT: SOLID WASTE ORDINANCE REVISIONS (ORDINANCE 6391-99)
DATE:
February 17, 1999
Transmitted herewith are the corrections to the revised Solid Waste Ordinance resulting from
your comments at the Work Session, February 16,1999.
Section 32.284(3) on page 17 has been changed to make the city responsible for any
damage to a dumpster enclosure due to negUgence of the city. The other changes are
editorial to facilitate the code revision process.
RMB/pdf
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TABLE OF CONTENTS
ARTICLE VII. SOLID WASTE MANAGEMENT.,..,.............. ...................................,....2
DIVISION I.. C E NERALLy....... ....... .........."." "...t"'" .."..."................., ..... ,.._,.. ,...t......... ..........................u .....u 2
SECt 32.271, ENTlRE SYSTEM A UN'lFIED PUBLIC UTILITY.. ..,.u....."u..uuh.......u.......u....uu"u......"...nu..."u.......u 2
SEC. 32.2715, DEFlNlnONs. .................... ,............."............+............................. ~...........+.+........+....I.....,'.......'.,.. 2
SEC. 32.272. COLLECIlON BY C.rrv; EXCEPTIONS. .............................................._.......................,............................5
SEC. 32.273. DIRECTOR OF SOLID-WASTE; POWERS; APPEALS FROM ACTION. ............................................. 6
SEC. 32.274. UNL.A WFUL. P.R.A.cnCES OENERALL Y. ...1011....................................+....................,......."..,.............. 6
SOC. 32.275 PROI-lIBTTED MA 1'E.RI.AI.S ... Ii ,.. ..... .... .... ,.. ,... ,.. .... ..... '1' ..... ...... ,..... ..... .... ,.. .,.,..,..., u ,.,..,.u ...... ...... ...... .... ... 7
SEe. 32.176 'EN'FORCEM'EN'T".... .1. U, .... ... ... ..... ... .... .... ... ..... .... .... ...... ... .... ..,..... ......... ,.. ... It ........ ............... ... t.. ...,...... ... ... 8
SEC, 32..277 ~AL TIES ........................,.................................................... ....................",..,.....,.,.............................. 8
SEC. 32..278. SERVICE FEES AND CltA.RGES. ..................................,...........,..............................................,......... 9
SEC, 32.279 ~ DUlY OF CITY TO SUPPLY RECEPTACLE; EXCEmON.... ........... ...... ....... .............. .................. 10
SEC. 32.280. DUlY OF PROPERTY OWNER; PRECOLLECTION PRACTICES................................................... 10
SEC. 32.281. DUTY OF PROPERTY OWNER~ COLLECTION PRACTICES. ...................................................... 14
SEC. 32.282 YARD W AS'WBULK COLLEC110NS ...............................................................,...,.......................... 16
SEC. 32..283 LITI"E'RlNOIILLEOAL DUMPING................................................,.....,...,............................................... 16
SEC. 32.284 DUldPS1l:R ENCLOsURES/STORAGE OF CONT AlNERS........ ............ ........ ..... .......................... 16
SEC. 32.285. COLLECTION AND DISPOSAL BY COMMERCIAL EST ABLlSHMFNTS, PRIV ATE INDMDUALS AND
OU11;(DE CO~RS:. ..............................................................,............,.....,.,..,................................................. 18
SEC. 32.286:"INCINERA. TORS. ,.......,...,..................................,.. ................................................................................... 19
SEC. 32.287:. L.AN'DFlJ.,l.,S. . ... ........ ... ..... ........ ... ........... ... ..... .......... ........ ........ ............4........ ...,.., ...... ........ ..... ... .... 19
DMSION 2. PERMIT FOR ROLL-OFF CONTAINER SERVICE .................................................... 20
SEC.. 32.288,: RE,QUlRED. ....................................................................................................,....................:......... 20
SEC. 32.289:. ApPUCATION.............................................................,...................,................................................. 20
SEC. 32.290. PREREQUISITES TO ISSUANCE. .. ......... ....... ...... ........ ....... ................. .......... ........ ........ ............ 21
SEC. 32.291~ REsERVED. .......................................................................................,.........................................,.. 22
SEC. 32.292, LlAlJ.1LrN IN'SU"RANCE.. .... ..., ....... ......... .... ..., ..... ..... ... ....... ... ...... ..... .... ........... ......... ...... .., ..... ....... 22
SEC. 32.293,:, TE.RIwtINA1l0N, D'EN1A.Lt REN'EW.AL. .............................................,............................................... 22
SEC. 32.294:,. REvOCA nON OR SUSPEN"SION...................... .........................................................,.................. 23
SEC. 32.29S~ RA"J'ES.. ..... ............ .... .............. ... ..t ..... ......... .... ........ ... .......... ...... ...... .... ..,.... ... ........... ... ........ .......... 23
SEC.. 32.296. PRoffinlTION. ......................................................................,.,............iII............................................... 23
DMSION 3. RECOVERED MA TE"RIALS DEALERS. ...........,.......,..................._..............................,........23
Sec. 32.11. RE.Q~D.....I-.. ........................ ........ ......... ......... .... ....................... ............... ." ....... ..., ......23
Sec.. 32.312.. PROHIBITION.... ... ............. .......... ....... ......., ........... ... .... ........ .... ...... ..... ......,.... .... ............24
Sec. 32.313. REGIS'TRA. TlON.............. ............ ......... ... .......... ... ...... ....... ............ ... .................'...... ... ....24
SEC. 32.314. REPoRTING. ..........................................................................................,.......................................... 25
SEC. 32.315. n.R:t.UNATION.. DENIAL) RENEWAL....,..,........,..,..,.....................................................,..........,..........25
S~C. 32.316. RE'VOCA nON OR SUSPENSION.. .........................................................................,............................ 26
DMSION 4. RECYCLING BY CITY .....................................,.,...................................................1-_...............................26
SEC. 32.320.. ClJRBSIDE. .......................................................................................................................,........................ 26
SEC. 32.321.. MULnP.AMn.. Y RECYC.LmG. ....,....,...,........,...,....................,......,.....,.,...............................................,.....26
SEC. 32.322. COMMERCIAL RECYCLING
.................. ....... ...... .... ........ It.. ....... ... ... .... ..,....... ..... .... .......27
ARTICLE VII. SOLID W AS'(E MANAGEME~.I*
DIVISION 1. GENERALLY
Sec. 32.271. Entire system 8 unified public utility.
The solid waste management system of the city, which includes refuse service and
recycling services, are combined to fonn a unified public utility for the use and benefit of
the city in the maintenance of public health, welfare and sanitation throughout the city. ,
(Code 1980, ~ 54.01; Ord. No. 5321-92, ~ 1, 12-17-92)
\
Sec. 32.2715. DeffniUons.
As used in this chapter:
(1) Commercial container means any container approved by the Solid Waste
department and serviced by a commercial ro]]ection vehicle.
(2) Commercial establishment means a property or properties zoned or used for
commercial or industrial uses, or used by an entity exempt from federal income
taxation under section 50 1 (c) (3) of the Internal Revenue Code. The tenn excludes
property or properties zoned or used for single-family residential or multifamily
residential uses.
(3) Compactor means any mechanical hydraulic or electrical machine designed and
used specifically for compacting refuse or recyclables.
(4) Compacted means refuse or garbage condensed by a compactor.
(5) Construction debris means discarded building materials and rubble including but
not limited to earth. cement. brick. wire. cans. flooring materials. lumber. plaster,
roofing materials and any other waste resulting from construction.. remodeling.
. repair or demolition of any structure or pavement. Such construction debris may
be either commercial or residential in character.
(6) Customer means owner. occupant. tenant. or other person having control of the
improved real property.
(7) Hazardous material means material which is radioactive. volatile. flammable.
explosive. infectious. toxic or otherwise hazardous. including but not limited to
material designated as hazardous in any Federal. Florida. PinelJas County. or
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(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
I ' " ~",'"
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'IT
Clearwater statute or regulation~ also that waste whicb is detennined to be
pazardous by the United $tates EnvjronmentaI~Protection Agency.. or any other
fedcra1 agency \
Materials recovery facility means a solid waste management facility that provides
for the extraction from solid waste of recyclable materials, materials suitable for
use as a fuel or soil amendment, or any combination of such materials.
Putrescib!e garbage means household or commercial solid waste that wiJl putrify.
Recovered materials means metal, paper, glass, plastic, textile or rubber materials
that have known recycling potential, can be feasibly recycled, and have been
diverted and source~separated or have been removed from the solid waste stream
for sale, use, or reuse as raw materials, whether or not the materials require
subsequent processing or separation from each other, but does not include
materials destined for any use that constitutes disposal. Recovered materials are
not solid waste.
Recovered materials dealer means any person, who handles, purchases, receives,
recovers, sells, or is an end-user of recovered materials.
Recovered materials processing facility means a facility engaged solely in the
storage, processing, resale or reuse of recovered materials. Such a facility is not a
solid waste management facility if it meets the definitions of section
403.7045(1)(f), Florida Statutes.
Recyclable means those materials, which are capable of being recycled and which
would otherwise be processed or disposed of as solid waste.
Recycling means the collection, processing, marketing, reprocessing and resale or
reuse of any material, which would otherwise be processed or disposed of as solid
waste.
.
Recycling bin means any container issued bv the City for the purpose of
recycling..
Refuse means all putrescible and non-putrcscible solid waste.
Residential refuse container means a city issued automated container and/or a
City~8pproVed 32-gnIlon container or other container approved by the Director of .
Solid Waste. .
Solid waste means sludge not regulated under the Federal Clean Water Act or
Clean Air Act; sludge from a waste treatment works, water supply treatment plant,
or air pollution control facility; or garbage, rubbish, refuse, special waste, or
3
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)
(27)
other discarded material, including solid, liquid, semisolid or contained gaseous
material resulting from domestic, industrial, commercial, mining, agricultural or
governmental operations. The tenn does not include recovered materials as
defined in this section or in section 403.703(7), Florida Statutes.
Solid waste management means the process by which solid waste is collected,
transported, stored, separated, processed or disposed of according to an orderly,
purposeful and planned program which includes closure and long-tertl)
maintenance.
Solid Waste director means the person authorized to exercise and enforce the
provisions of this ordinance.
Solid waste management facility means any solid waste disposal area, volume
reduction plant, transfer station, materials recovery facility or other facility, the
purpose of which is resource recovery or the disposal, recycling, processing or
storage of solid waste. The tenn does not include recovered materials processing
facilities which meet the requirements of Section 403.7046(4), Florida Statutes,
except the portion of such facilities, if any, that is used for the management of
solid waste.
Source-separated means that recovered materials are separated from solid waste
where the recovered materials and solid waste arc generated. The tenn does not
require that various types of recovered materials be separated from each other and
recognizes that de minimis solid waste, in accordance with industry standards and
practices, may be included in the recovered materials.
Special wastes means solid waste that can require special handling and
management, including, but not limited to, white goods, waste tires, used oil,
lead-acid batteries, construction Wld demolition debris, ash residue, yard trash and
biological wastes.
Trash means any waste accumulation of paper. sweepings. rags. bedding or other
matter of any kind. other than garbage. which is usually attendant to
housekeeping. except recyclables.
White goods mean inopemtive and discarded refrigerators. ranges. water heaters.
freezer and other similar domestic and commercial large appliances of any color.
Yard Waste means vegetative matter resulting from landscaping and maintenance.
Containerized service meWlS collection of solid waste or recyclables in city
approved containers.
(Ord. No. 5321-92, ~ 1. 12-17-92; Ord. No. 5506, ~ 1, 1-20-94)
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Sec. 32.272. Collection by city; exceptlon5.
(1) Generally. All refuse accumulated in the city shall be toUected. conveyed and
disposed or by the city government. Following receipt and referral by the City
Commission of annexation petitions, the city shall, upon request by the petitioners. '
collect refuse accumulated on properties being annexed by the city.
(2) Exception for commercial establishments. This chapter shall not prohibit the actual
producers ofsoHd waste or the owners of premises upon which solid waste has
accwnulated, from personally collecting, conveying and disposing of such solid waste
provided such producers or owners comply with the provisions of this chapter and
,with ail other governing laws and ordinances. This paragraph shall not be construed to
provide for or as allowing coBection by subcontract. An owner or producer of refuse
or recyclable materials may sell or donate these materials but may not enter into any
disposal agreement whereby the owner or producer pays for the use of the container
or for hauling.
(3) Exception for outside collectors. This chapter shall not prohibit solid waste collectors
from outside of the city from hauling such solid waste over city streets prescribed by
the director of public works provided such collectors comply with the provisions of
this chapter and all other governing laws and ordinances.
(4) Exception for private collectors with roU-off containers. This chapter shaH not
prohibit a private collector holding a pennlt issued by the city from placing and
servicing roll.off containers for commercial and industrial solid waste that the city
does not choose to collect and approves for collection by outside contract.
(5) The City has the right to refuse garbage service of any unusual or extremely bulJex
item or to require the owner or producer of waste to reduce it to such size and weight
as can be. handled by City equipment.
(Code 1980~ ~~ 54.02, 54.09(b); Oed. No. 5321, ~ 1, 12-17-92; Oed. No. 5519.94, ~ 1,2-
17~94)
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Sec. 32.273. Director of pubIIQ W{)rk6.solld-w8ste: powers; appeals from
Betlon.
All solid waste and recyclables accumulated in the city shall be collected, conveyed, and
disposed of or otherwise managed by the city under the supervision of the director of
pub1ie werks solid waste. The director of publie werke solid waste shall have the
authority to establish the type of container, the frequency of collection, location of
container, amount of solid waste Wld recycling collection or disposal service needed.
(Code 1980, ~ 54.03; Ord. No. 5321-92, ~ 1, 12-17-92)
SOG. 32.27~ ~ec. 32.274. Unlawful practices generally.
It is hereby declared unlawful and a violation of this chapter for any person to do or
permit to be done any of the following acts or practices:
(1) To deposit on or bury in, or cause to be deposited in or buried in, any property,
public or private, and any street, alley, the waters of Clearwater Bay, or any creek,
watercourse, stonn sewer, or ditch Within the corporate limits of the city, any
solid waste or other noxious, malodorous or offensive matter;
(2) To fail or neglect to keep or cause to be kept clean and sanitary or tightly covered
and in good state of repair all containers and trash receptacles;
(3) To place or allow to be placed upon the streets, alleys, curbs, bicycle paths or
sidewalks of the city any rubbish, sweepings, debris, trash or waste materials of
any kind, which constitutes a menace to traffic, both vehicular and pedestrian, or a
health or aesthetic problem, or which impairs the proper operation of the city's
sewer or drainage system; 6f
ill To remove recyclables or any marketable materials from solid waste placed out
for collection. Such an act is declared "scavenging" and is punishable by a fine of
$500.00 per incident. An incident is deemed to be the removal of such materials
from a single premises~
(5) 'To dispose of any paint. hazardous material. acid. explosive material. inflammable
liquids. burning substance or any dangerous or highly corrosive material. used oil
9r biohazardous wastes in any refuse container which might be detrimental or
, hannful to any person or persons. The city will not be responsible for the
collection or disposal of these materials or of special industrial wastes. Damage
to city-owned containers as a result ofthc above will be repaired at the expense of
the user: or
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(6) To place or deposit or cause to be placed or deposited upon any of the streets.
sidewalks. parkways. thoroughfares. public parks. or other public places of the
City. any tree trunks or timbs. any trash. debris. paRers. litter. solid waste. or other
discarded matter of whatever kind. except as specifically provided within the rules
and regulations.
(Code 1980, ~ 54.08; Ord. No. 5321-92, ~ 1, 12-17-92)
Cross retcrence(s)--Streets, sidewalks and other public places, ch. 28; waterways and
vessels, ch. 33.
Sec. 32.275 Prohibited Materials
(1) Building materials. Except for roll-off container services. the city shall not be
responsible for the collection of dirt. rock. sod. plaster. lumber. metal or other
construction or building material originating from private property preliminary to,
during or subsequent to the construction of new buildings. or alterations or
additions to existing buildings. Such material shall be removed by the owner of
the property or by the contractor. No certificate of occupancy shall be issued until
such material has been removed by the owner or contractor.
(2) Contagious disease solid waste. The removal of clothing. bedding or other solid
waste from homes or other places where highly infectious or contagious diseases
have prevailed shall be perfonned bv a licensed medical waste coJlector registered
with the director or solid waste. Such solid waste shall not be placed for
coJlection and shall not be collected by solid waste personnel.
(3) Inflammable or explosive materials. Highly inflammable or potential Iv explosive
materials or toxic substances shall not be placed in containers for rerrular
collections. but shall be disposed of as directed by the director of solid waste at
the expense of the owner or possessor thereof.
(4) Prohibited materials. Biohazardous waste. flammable liquids. motor oil.
pesticides. herbicides and other hazardous materials shall not be placed for
collection. and shall not be collected by solid waste personnel.
(Code 1980, ~ 54.05; Ord. No. 5321-92, ~ 1,12-17-92)
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800. 32.2'14. Sec. 32.276 Enforcement
~ )
The director of publie werke solid waste is authorized to exercise limited police powers
to enforce the provisions of this chapter. These limited police powers shall include the
authority to issue a notice of violation ofa provision of this chapter and. following a
reinspection after the time specified in the notice for corrective action, if there has not
been substantial compliance with the notice of violation, or if the violation has been
corrected but reoccurs, the director of pubUe \vorkB solid waste may cause a summons to
be issued by a sworn police officer of the city for appearance in county court, or may
notify the code enforcement board and request a hearing pursuant to sections 2.218 and
2.219. A notice of violation shall describe the nature of the violation, the corrective
action necessary to cure the violation, and the time within which corrective action shall
be taken. A notice of violation shaJl be served in the manner set forth in section 2.216.
The direGter efpublie works may authori2le code amercement-or employees ofilie sit)' t9
exereisB the authority granted by tlHs section fe t-he superintendent:
, Employees authorized by the City Manager as Code Enforcement officers are hereby
designated as the investigating and enforcing authority pursuant to this article. The Code
Enforcement officers are authorized and directed to receive all complaints. make
inspections to determine if a violation of this article exists. gather all relevant information
concerning such complaints. conduct field investigations and inspections of real property.
and enter upon real property. with or without a warrant as required by law. in the conduct
of official business pursuant to this article.
It shall be unlawful for any ~erson to interfere. harass. or otherwise impede a city code
enforcement officer or solid waste employee who is carrying out or acting within the
scope ofhis/her duties. A law enforcement official shall have the authority to arrest an
individual in violation of this section.
(Code 1980, ~ 54.12; Ord. No. 5321-92, ~ 1, 12-17-92)
Sec. 32.277 Penalties
(1) Any person found to be in violation of the provisions of this article shall be
prosecuted as provided in section 1.12.
(2) Imposition of a penalty or fine does not prevent the Code Enforcement Board
from proceeding or from revoking Of suspending a license or permit.
8
(3) In addition to the penalties provided in subsectiQn (8) of section L 12. any
condition caused or pennitted to exist in violation ornny of the provisions ofthi~
Code can be deemed a pubJjc nuisance. and may be abated by the city as provideg
by law. If action to remedy the condition is taken by the city. the actual costs of
such action plus administrative costs of up to $~OO shall be owed by the owner
to the City and shall constitute a lien against the property until paid.
(4) Ifa customer has not removed extra or nonconfonning: solid waste or other
industrial waste. hazardous waste or noncombustible refuse within twen~~four
(24) hours after notification by soHd waste. the director of solid waste may order
such removal and all costs incurred shaH be placed against the customer's utility
account.
(5) Failure to remove a container tagged with a warning by the Code
Enforcement/Solid Waste department within the specified period of time subiects
the customer to a fine of $10.00 per day. which is placed on the customers utility
bill. Repeat offenders. at the discretion of me director of solid waste. may be
placed on rear yard service at the appropriate fee.
Sec. 32.276. Sec. 32.278. Service Fees and charges.
(1) The fact that any place of abode or any place of business is occupied shall be prima
facie evidence that refuse is being produced and accwnulated upon such premises
and that fees for the collection and disposal thereofare due the city.
(2) See appendix A for solid waste management system deposits, fees, service charges,
and rate schedules.
(3) The solid waste collection and disposal charges are applicable until all municipal
utilities including lawn (water) meters are disconnected.
(4) For accounts payable, see section 32.066.
(5) Additional service charges may be levied at the discretion of the director of solid
waste.
(Code 1980, ~ 54.07(a)~R(c); Ord. No. 5321~92, ~ I, 12-17R92)
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8eo. 32.277. Sec. 32.279. DutY of property owner to supply receptacle;
exception.
It shall be the duty of all owners of residences, businesses, professional offices, and other
commercial establishments in the city to supply each of such establishments with solid
waste containers except where furnished by the city.
(Code 1980, ~ 54.09(a); Ord. No. 5321*92, ~ 1, 12-17-92)
Seo. 32.218. Sec. 32.280. Duty of property owner: Precollectlon practices
(1) Preparation of solid waste.
(a) Garbage. All garbage shall be drained of liquid and shall be wrapped
or bagged in paper or plastic before being placed in any container for
collection.
,
(b) Trash. All trash shall be drained of liquid before being deposited for
coUection.
(c) Recyclables. Recyclables shall be prepared for collection in
accordance with aireotions promulgated by existing policies of the city
as part of the recycling education program.
(d) Yard waste. Loose yard waste shall be placed inside a container, other
than the city-issued container, approved by the city and placed for
recycling collection at curbside, separate from other trash. Such
containers shall not be filled above the rim of the container. Single
articles such as palm fronds, tree branches and limbs shall be cut or
broken into pieces which are less than four (4) inches in diameter and
four (4) feet long and shall be stacked at curbside for recycling
collection. Larger articles may be collected by special pickup upon
request and approval by the director of public "1.'Grka solid waste.
(e) Scrap metal and appliances. Scrap metal and appliances shall be
placed at the curb for recycling collection separate from other trash.
Freezers, refrigerators, clothes washers, clotbes dryers, dishwashers or
similar airtight units shall have the doors removed before being placed
for collection. All stand-up items shall be laid flat. Scrap metal such
as poles, pipes and antennas shall be cut or bent into pieces not longer
than six @ feet.
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(f) Crates and cardboard boxes. Crates and cardboard boxes shall be
collapsed prior to being placed for collection.
(g) Dangerous material. All dangerous material collected manually such
as broken glass, light bulbs, razor blades, and fluorescent tubes shall
be deposited in a disposable container and placed at curbside for
collection.
!h) None of the above may be placed out prior to forty-eig.ht (48) hours in
advance of 8 scheduled pick.up.
(2) Containers.
(8) Duty to provide and maintain in sanitary condition. Except in the case
of containers provided by 'the city all containers shall be provided by
the owner, tenant, or occupant of the premises. Containers shall be
maintained in good condition and shall be subject to inspection and
approval of conditions by city code enforcement inspectors and others
having iurisdiction. Routine maintenance of can. carts and dumpsters
in a sanitary manner is the responsibility of the user. GOAtainers shall
be maintained in. good aondition. Any container that does not confonn
to the provisions of this chapter or that may have ragged or sharp
edges or any other defect liable to hamper or injure the person
collecting the contents thereof, shall be promptly replaced by the
customer upon written notice by the city. The director of pub lie 'Narks
solid waste shall have the authority to discontinue collection service
for failure to comply. In the event of damage to 8 container provided
by the city caused by a user of the container, the cost of repair or
replacement shall be charged to the customer's account
(b) Specifications. Containers shall be made of durable plastic or metal,
equipped with suitable handles and tight-fitting covers, and shall be
water-tight.' .
Except in the case of containers provided by the city, each container
shall have a capacity of not more than thirty~two (32) gallons, and
shall weigh not more than 60 pounds when full.
(c) Commercial trash bins. No commercial trash bins or trash rooms shall
be used without written permission of the director ofpablie wer1~
solid waste. No existing bin shall continue to be used, and no new bin
shall be pennitted for use, unless it is completely enclosed and water
tight.
11
t'
(d) Commercial containers. Containers shall be of such size and shape as
to be capable of being lifted and emptied into city collection vehicles.
Commercial front end containers provided by the owner and used in
conjunction with compactors shall first be approved by the director of
puhlie \verlHI solid wastet such approval to relate to the ability of the
city to service such equipment.
(3) Storing of solid waste.
, (a) Public places. No person shall place any solid waste in any street, aBey
or other public place or upon any private property whether owned by
such person or nott unless it is in containers for coHccdon. No person
shall place any solid waste at the curb for collection except on his or
, her property, and such placement shaH be behind the curb or where the
curb should be. Any person having a comer lot may use the side yard
curb, subject to the director of~workG' solid waste's approval.
No person shall throw or deposit any solid waste in any ditch, stream
or body of water.
(b) Unauthorized accwnulation. Any unauthorized accumulation ofsoJid
waste on any lot or premises is hereby declared to be a nuisance and is
prohibited. Failure to remove any accumulation of solid waste
following notice to the owner or tenant and a reasonable opportunity to
take corrective action shall be deemed a violation of this chapter.
(e) Litteriag. :No persoR sRall throw, 131aoe, ar deposit BR)'\vhere withiR
the eity any solid 'Naste iR suoh a mar.ner that it may be Garried or
depoGit-ed by wmd or rain upon any street, sidewalk, alley, &e.'N.er,.
parkvmy or other publie 13lace, or into any oeeupied pr~mise& vAthin
the sily.
(d) Commercial establishments. All commercial establishments shall
secure solid waste accumulated upon the premises so as to eliminate
mnd-driven debris and unsightly litter cOnditions in and about the
establishment.
(e) Public parking lots. All public parking lots shall be provided with
containers in sufficient quantity so that there shall be at least one
container for every 50 parking spaces. This requirement shall apply to
parking lots with a capacity in excess of25 spaces. It shall be the
responsibility afthe owner or the manager of the parking lot ta collect
the material deposited in the containers and deposit the material in a
cantainer for callection. As used in tlus subsection the term "public
parking lot" shall mean a privately owned lot open to the general
. public.
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(f) Construction sites. All construction sites shall..Y1iJize city-approved be
provided \vitA trash containers, the number of which shall be
determined according to the size of the job at the discretion of the
director of the building division. Construction sitcs shaH be kept clean
and orderly at all times and the building director may suspcnd or red
tag a construction job until the premises are brought up to a
satisfactory'sanitary condition.
(1) p"<>inta of eolleotioR
(8) Side or read building Golleotion. Solid waste eontainers shall be
plaeed for GOlleGtioR at grotmd level oa the property, not within the
right elf way ofa stre~t or alley, and shall be aaaessible 'Nitheut
aateriag into a building elr snelter of any type, No solid waste shall be
eollooted Ufllass aonminare are readily aeaessible by oonitatian
personnel 'mthout unloaking a door, gate or other obstaele. EKoeptions
ther~to may be approved in writing b~' the dir~ator of public '.'Iorles,
provided that an additional payment for the ems serviae is agreed
1:11388 by both parties.
(b) ClMbside piekufl. Solid waste containers shall be fJlaced for eolleetion
en the ground at the emeline, adjacent and in front ofilia premises ana
the plaoement shall.be behind the ourb, or where the cw-b should be.
, Afly pamOR having a Gomer lot may use the side yard otub sllbjeet to
the approyw oftha director ofpublio '.Yorks.
(0) Handioapped and elderly. Any person who has been certified by a
physiGian as being unable to place a solid '.vaste container at the smB
'shall be entitled to have the solid waste oollected at the side or rear 0f
the building 'at no ema eltarge.
~4) Compactors. roll.ofTs and.baling machines.
(d) Registration. Prior to the placement of compactors, roU.offs and
baling machines such equipment shall be registered with the director
ofpublia woFkB solid waste.
(e) Stomge of compacted trash. Con:tpacted cardboard, trash or by-
products thereof os described in this section which have been
compacted into bales shall be stored in fireproof structures or buildings
ot all timcs unless nwaiting transport to ultimate disposal.
13
(t) Transporting compacted or roll-ofItrash. No person shall transport
compacted trash or recyclable materials over streets and roadways in
the corporate city limits without prior registration with the director of
pHblie ':lorks solid waste.
(Code 1980, ~ 54.04(a). (b), (c)(I), (3)..(6), (d), (e); 000. No. 5321~92, ~ I, 12-17-92)
Cross reference(s)~~Streets, sidewalks and other public places, ch. 28; traffic and motor
vehicles, ch. 30; buildings and building regulations, ch. 47.
Sea. 32.2nt. Sec. 32.281. Duty of Property Owner: collection practices.
(1) Frequency of collection
(a) Residential and small businesses. Solid waste accumulated by
residences and small buSinesses shall be colJected twice each week on
regularly scheduled days except Saturdays, Sundays and holidays.
(b) Commercial. Motels, hotels, restaurants, supennarkets, hospitals,
schools and other establishments may have daily collection services
SHeep! Sundays and holidays to fit their respective needs at the regular
rates charged therefor. Where necessary to protect the public health,
the director ofpublio 'Norks solid waste or an authorized health
department official may require more frequent colJections.
(c)Building materials. Except for roll alf Gontainer services, the (;lily shaH
Rot be responsible for the collection of dirt, rock, sed, plaster, JlHllhef;
metal ar atJ:1er c0RStruetian or building material originating from pri'/ate
preperty preliminary ta, dw-ing or subsequent to the eaBStnlction of ne'.\'
buildings, or alterations or additions to existing b\:liJdings. Sush material
&halles r~meved by the O'Nfler ofilie property or by the Gontraetor. No
certificate of oecupancy shall be issued ootil such material has been
remo'led by ilie a'Nasr Br contractor.
(d) Prohibited materials. Paint, batteries, bioRa2a:l'dous waste, flammable
liquids, motor oil, pesticides, herbicides and ather RaaH'dollS materials
shall not be placed for collection, and shall Bat be Gelleeted by selid waste
d' . . mek
lViS1l2IR ~erEon .
(e)UU Special collections. Restaurants and other establishments having
Golid waste refuse which has an offensive odor or will constitute a
nuisance may be collected as deemed necessary and upon the approval of
the director or solid waste. ifAot colleated on a Saturday, Sunday OF
14
holiday, m~~j upon tHe appre'/BI ofilie dieeoter efpublio 'Norks be
ooUeetsd on Satur-day or SundaYT
(2) Speoial sanitation problems:
(~) Contagious disease eolid waste. The r~mo'lal af elothing, bedding or
otller Bolid w85te from homes OF oth.er plaees where highly infeetioHS
aT GontagiouB disea5e9 hGve prevailed shall be perfonned under the
supervision and dir80tion ofilie pr-eper COWlty health afiioor. SUM
ootid ':.lasts shall not be plaeed fer eolleotioR Bfld GRan Rot be eolleGted
by Golid woole division pereoanslT
(9) Inflammable ar explosi',e materials, Highly inflammable of.eHplosive
materials BRall not be plaoed in containers for regt:ller colleotioRB, But
shall be dispeood of as direoted BY the dirootor of publie ..yorks at the
expense of the o'o'mer or p9SGeE50r thereof.
(2) Points ef GollootieR. Collection locations.
(a) Side or rear building collection. Solid waste containers shall be placed
for collection at ground level on the property. not within the right-of-
way of a street or alley. and shall be accessible without entering into a
building or shelter of any type. No solid waste shall be collected unless
containers are readily accessible by solid waste personnel without
unlocking a door. gate or other obstacle. Exceptions thereto may be
approved in writing by the director of solid waste provided that an
additional payment for the extra service is agreed upon by both parties,
0>) Handicapped and elderly. Anv person who has been certified by a
physician as being unable to place a solid waste container at the curb
shall be entitled to have the solid waste collected at the side or rear of
the building at no extra charge.
(c) Curbside pickup. Solid waste containers shall be placed for collection
on the ~ound at the curbline. immediately in front of and contiguous
to owner's property and at least ten (10) feet away from any permanent
~tructure or vehicle and cannot obstruct pedestrian passage.
Exceptions may be granted with the approval of the director of solid
waste.
(3) Container placement and removal
(8) Residential refuse containers and yard waste placed near the curb.
street or alley shall be placed there no earlier than 7:00 p.m. on the
evenin~ preceding the collection day and must be removed to a point
at the side or rear of the structure by 7:00 a.m. of the following day.
IS
Any container not removed wiH be tagged Qy the Code
Enforcement/Solid Waste department with a warning. Second
violators win be subject to a fine 0($10.00 per day. which will be
placed on the customer's utility bill. Repeat offenders will be placed
on rear yard service at the stipulated rate.
Sec. 32.282 Yard Waste/Bulk Collections
! 1 )It is the responsibility of all tree surgeons. nurseries. lawn care services and
landscaping contractors. or any individual or company doing work on private
property. to remove from the premises all residue and rubbish resulting from saiq
work. Failure to comply wilt result in a fine in the amount or net less than the
existing cost for removal plus an administrative fee not to exceed $200. for the
first infraction. A second infraction may result in the loss ofthe occupational
license.
(2)AIl white goods doors must be removed before being set out for collection.
(3)Items for collection should be placed out no earlier than forty-eight (48) hours
in advance of a scheduled pick-up and should not present a health or safety hazard
to the general public.
Sec. 32.283 Llttering/lf/egal Dumping
(1) It is illegal to dump any solid waste other than by the defined methods in this code.
Illegal dumping may lead to investigation and prosecution.
(2) Littering. No person shall throw, place, or deposit any solid waste in any ditch. stream
or body of water or anywhere within the city any solid waste in such a manner that it
may be carried or deposited by wind or rain upon any street, sidewalk, alley, sewer,
parkway or other public place, or into any occupied premises within the city.
Sec. 32.284 Dumpster Enclosures/Storage of Containers
(t) Enclosure required.
en) Customers who receive containerized service and who are not subiect
to the requirements of subsection (b) of this section shall meet the
following requirements with respect to dumpster enclosures.
16
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, (IV_The enclosure will be constructed and maintained in such manner as to
ensure that the dumpster is not visible from 20und level.
(c) The enclosure shall have a gate that is of sufficient width so that tbe
dumpster is easily accessible by a ftont-end loading refuse conection
truck. Said truck requires 12 feet of unobstrUcted access.
Cd) The enclosure shall contain a six (6)-inch-thick reinforced roncrete
pad of 8 size suitable for the dumpster in use at that location.
(2) Those customers whose site receives containerized service and whose use
of or improvement to the service site requires site plan approval or
approval of minor change oruse. shall also comoly with the rules and
regulations regarding enclosure dimensions. materials. location. and other
physical attributes. as may be promulgated and amended from time to time
by the director of solid waste.
(3) Every containerized customer shall assume al1 risk and shall indemnify",
defend. and save hannless the City of Clearwater from and against all10S5.
damage. cost or expense for the enclosure which is not due to the
negligence of the City of Clearwater.
(4) No final building inspection shall be undertaken nor certificate of
occupancy issued for any site which has not complied with the enclosure
r~uirements contained in this section.
(8) Any residential customer obtaining service for any multiple-faroil)!
residence. and who is not otherwise subject to the requirements of
section 32.321. shall ~rovide an enclosure for recycling containers.
These recycling enclosures shall be located so that the recycling
containers are easily accessible bv the residents. and by the refuse
collectors. using rearloading vehicles. The enclosures shall be
constructed so that the recycling containers arc not visible from any
public right-of-way. In addition. the director of solid waste or
designee shall have authority to review the proposed location and
construction of such enclosures to ensure that they meet the criteria of
this section. and also to ensure that any applicable building and safetx
code provisions are rom\llied with.
(5) The solid waste director shall have authority to waive some or all
rJ=quirements of this section. except those relating to accessibility and
location. in those cases in which the customer demonstrates that:
(8) The dumpster or recycling container would not be visible at ~und
level from any adjacent public right-of-way or property. due to the
17
existences ofwaUs. fences. or Qther screening on site in compliance
~de: or.
, (b) Enforcemen~ 0(lhi9 section would result in extreme hardship.
(6) All enclosures are required to be constructed in accordance with City of
Clearwater specifications.
Se", 32.280. Sec. 32.285. Collection and disposal by commercial
establishments. private Individuals and outside collectors.
(1) Requirement for vehicles. All transported refuse shall be containerized or
tat:Ped. and vehicles used for hauling shall be licensed by the city and
approved by the director of solid waste. The actual producers of solid
waste or the owners of premises upon which solid waste is accumulated
who desire personally to collect and dispose of such solid waste, persons
who desire to dispose of waste material not included in the defInition of
solid waste and solid waste collectors from outside of the city who desire
to haul solid waste over the streets of the city, shall use a water-tight
vehicle provided with a tight cover and shall operate the vehicle so as to
prevent offensive odors escaping therefrom and materials from being
blown, dropped or spilled.
(2) Rules and regulations. The director ofpublio worka solid waste shall have
the authority to adopt reasonable and necessary regulations concerning
private collection and disposal and the hauling of solid waste over city
streets by outside collectors.
(Code 1980, ~ 54.06(a), (b); Ord. No. 5321M92, ~ 1, 12M17M92)
Cross reference(s)-- Traffic and motor vehic,les generally, ch. 30.
18
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So€), 32.281. Sec. 32.286. Incinerators,
Owners or lesseoo of pr~miseB whieh ha';8 private ineineratera as of Oeteber 1 t 1979.
shall be permitted to bum lfilSR, subjeet to tile ineineraler and its operation mooting aU
citYt SOURly 9f1S state r-egulBtioRBt and ha'.ling the 'm'iuen approval ofth.0 fir.e marshal. :'.n
ineinerBtor to be opemted within ~e oily shall aBuae no offensive adels) ne sparks) ae
nuisBnoo) and a minimt:UR of smoke. No Rew ineiRefilters shall he permitted within th0
~ No incinerators shall be permitted within the ciW.
(Code 1980t ~~ 54.06{c)t 54.07{d); Ord. No. 5321-92. ~ It 12-17-92)
SOG. 32.282. Sec. 32.287. Landfills.
All applioatioRs fer Itmdfill permits shall he filed ...lith the sit)' engmeeE who shall be in
eharge of issuing.or denying sueh permits. Landfills 51lall be permitted only after analysis
Bfid r~vie'.Y efths applieatiollB by the city engineering depar..ment. Such analysis shall
determine whether the prnposed finished grade will be eompatible with the &llIToooding
area and ultimate (;lily drainage plan or existing drainage patte11l5. No permits will be
issaed ia Imeh instances '.vhere thlHlity engineering depar.rnent finds the plan
inoompatible '.vith the ultimate ait)' drainage plan. Any person ad'/ersety aft'eeted by a
deeision ofilie city engin.eer in granting or denyiag a landfill permit may app~aI sueR
de,oision to the eity commissiea. Saeh appeal-.shall be taken BY filing ...Kitten notioe
thereofwith the city manager, vAth a copy to the city engineer, '.vithin ten days after tlte
decision ofilie city enginoor. The city engineer sRall forthvlith transmit his files and
reoonist or oopies thereof, in oonneotion ...lith suoh application to the oity manager for
infonnation in canneotion ....~th SHCR appeal. Each Buch appeal shaU be aocompanied by a
payment sufficient in wno1:lJlt te Goyer the BOst ofpublishiag and ma:iliag notioes of
bewing. No landfills shall be allowed to operate in the city without the approval of city.
county. and state authority.
(Code 1980t ~ 90.02)
19
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DIVISION 2. PERMIT FOR ROLL-OFF CO NT AINER SERVICt
S06. 32.291. Sec. 32.288. Required.
A pennit is required by this division for persons or companies placing or servicing roll-
off containers, whether installed pennanently or temporarily) within the city.
(Code 1980, ~ 54.20; Ord. No. 5219, ~ 1, 9-17-92)
$00. ~2.2921 Sec. 32.289. Application.
Every person required to procure the pennit for roll-off container service provided for in
section 32.291 ~2.288 shall submit an application for such permit to the city manager.
The application shall:
(1) Be a written statement upon forms provided by the city. Such application form
shall include an affidavit to be sworn to by the applicant before a notary public of
the state.
(2) Require the disclosure of all information necessary in compliance with this
division.
(3) Be accompanied by a pennit fee in the amount set out in appendix A to this Code.
(4) Be submitted to the city manager together with all pertinent information required
in this division, in order that a detennination can be made by the city manager.
(5) Contain a complete record of all arrests and convictions against the applicant and
every partner, officer or director of the applicant for violations of any and all laws
.and ordinances of the city) county) state or federal government.
(6) Contain the names of employees responsible for the operation of applicant's
business, meaning those who will manage, administer and supervise the business
under the permit when issued, including the amount of experience possessed by'
each such employee. If such employee is other than 8 partner or director of the
applican4 then each such employee shall complete a city police department
background information report, executed under oath, and submit to a background
investigation. photograph and fingerprints.
20
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(7) Contain the following additional infonnation:
(a) Number, type and size of waste collection vehicles in use;
(b) Nwnber of employees assigned to each waste collection vehicle;
(c) Name and location of every establishment in the city, including short-tenn
construction sites, where roll-off containers are placed and serviced by the
applicant.
(Code 1980, ~ 54.21; Ord. No. 5219, ~ 1, 9-17-92~ Ord. No. 6117-97, ~ 1, 1-23-97)
S06. 32.293. Sec. 32.290. Prerequisites to Issuance.
In dctennining 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:
(I) A review of the material submitted pursuant to section 32.292 32.282;
(2) A review of all convictions of the applicant, the reasons therefor and the conduct of
the applicant subsequent to release;
(3) The license history of each applicant;
(4) The certificate of approval of the city manager to the effect that the applicant has
satisfied the following:
(a), The adequacy of the equipment to be used;
(b )The applicant has agreed to remit to the city each month a fee as set out in
appendix A to this Code, and the applicant has agreed to furnish a duplicate copy
of the applicant's monthly billing;
(c)The applicant has agreed to make all books and records appli~able to the
business conducted under the permit required by section 32.291 32.288 available
to the city for inspection and audit;
(d)The applicant has provided a copy of a certificate of insurance demonstrating
that the applicant's employees performing work pursuant to the pennit are covered
by workers' compensation insurance.
(Code 1980, ~ 54.22; Ord. No. 5219>> ~ 1,9-17-92; Qrd. No. 6117-97, ~ 2, 1-23-97)
21
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S0911 32.294, Sec. 32.291. Reserved.
Editor's note--Ord. No. 5219-92t ~ 2t adopted Sept. 17 t 1992, repealed ~ 32.294, which
pertained to bond. See the Code Comparative Table.
Soo. 32.296. Sec. 32.292. Llab/lity Insurance.
The holder of a pennit for roll-off container service issued pursuant to this division shall
maintain in effect at all times public liability insurance in the minimum amounts of
$500,000.00 single limit for personal injuries arising out of one occurrence and
$100,000.00 property damage, and shall furnish the city a certificate evidencing such
insurance. The city shall be named as an additional insured under such insurance. The
pennit holder shall furnish a certificate of insurance demonstrating compliance with the
requirements of this section.
(Code 1980, ~ 54.24; Ord. No. 5219, ~ 1, 9-17-92)
800. 32.296. Sec. 32.293. Termination. denial. renewal.
(1) All pennits for roll-off container service issued pursuant to this division shan be valid
for not more than one year and shall terminate on September 30 of each year.
(2) Each pennit holder shall make a written application for renewal on fonns provided by
the city manager on or before October 1 of each calendar year, which renewal application
shall update the infonnation 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 city manager detennines that the city is unable to collect,
remove or dispose of certain garbage, rubbish and other accumulations.
(5) Such pennit may be tenninated or denied by the city manager but only after the
procedure set out in section 29.41(2) has been followed. Notwithstanding the procedure
set out in section 29.41(2), appeal of the city manager's decision to tcnninate or deny a
new pennit or renewal shaJI be to the city commission.
(6) The granting or renewal of a permit pursuant to this division shall not be construed as
a grant ofa franchise or of vested rights.
(Code 1980, ~ 54.25; Ord. No. 5219, ~ 1,9-17-92; Ord. No. 6117-97, ~ 3, 1-23-97)
22
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Soo. 32.297, Sec. 32,294. ~evocBt/on or suspension.
The city manager, after affording the holder of a permit for roll-off rontainer service
notice of the charges and opportunity to be heard with respect to any revocation
proceedings, may, if the city manager finds this article to have been violated or that false
statements were made on any application or application for renewal or on any submittal
required by this division by the pennit holder, agent or employee, revoke the pennit in its
entirety, suspend the permit for a stated period oftime, place the permit holder on
probation, or place other conditions thereon as the city manager finds necessary.
(Code 1980, ~ 54.26; Ord. No. 5219, ~ 1, 9-17-92)
Soa. 32.298. Sec. 32.295. Rates.
Rates for roll-off service are listed in Appendix A - Schedule of Fees, Rates and Charges,
Section XXV, Public Works Utility Fees, Rates and Charges.
(Ord. No. 6117-97, ~ 4, 1-23-97)
Soo. 32.299. Sec. 32.296. Prohibition.
\
No hazardous or medical waste shall be placed in City of Clearwater roll-off containers or
compactors. Hazardous and/or medical waste shall be disposed of by authorized
contractors in compliWlce with federal, state and local laws Wld regulations.
(Ord. No. 6117-97, ~ S, 1-23-97)
DIVISION 3. RECOVERED MATERIALS DEALERS.
Sec. 32.311. Required.
(1) After February 1, 1994, a recovered materials dealer shall provide to the public ':lsrks
solid wa'lte director of the city a copy of the certification required by F.S. ~ 403.7046,
prior to engaging in business within the city. In addition, a recovered materials dealer
shall register with the public works solid waste director of the city prior to engaging in
business within the city.
(2) Recovered materials generated at commercial establishments within the city shall be
source"separated at the premises of the commercial establishment.
(Ord. No. 5506-94) ~ 2, 1-20-94)
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Sec. 32.312. Prohibition.
(1) Any person not certified under F .5. ~ 403.7046, is expressly prohibited from doing
business as a recovered materials dealer within the city.
(2) The city expressly reserves the right to provide for the exclusive collection,
transportation and processing of recovered materials from single-family or multifamily
residential properties or to enter into an exclusive franchise for such services to these
properties, or any combination thereof, at the option of the city.
(3) Certified recovered materiaIs'dealers are limited to providing service to commercial
establishments only.
(4) Only recovered materials may be removed from the commercial solid waste stream.
(Ord. No. 5506-94, ~ 2, 1 ~20-94)
I
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Sec. 32.313. Registration.
Every person required to register as a recovered materials dealer shall register with the
director ofp\1bUe works solid waste.
The registration shall:
(1) Be a written statement upon fOnDS provided by the city. Such registration fooos shall
include an affidavit to be sworn to by the registrant before a notary public.
(2) Require the disclosure of all information necessary in compliance with this division.
(3) Be accompanied by a registration fee in the amount set out in Appendix A to t.4is
Code.
(4) Be submitted to the city manager by the director of public worka solid waste together
. with all pertinent information required in this division, in order that a determination can
be mad!? by the city manager. .
(5) Contain the name of the dealer, including the owner or operator of the dealer, its
general and limited partners if a partnership, its corporate officers and directors if a
corporation, its permanent place of business, evidence of certification under F.S. ~
403.7046, and a certification that the recovered matcrials will be processed at a recovered
materials processing facility satisfying the requiremcnts ofF.S. ~ 403.7046.
(Ord. No. 5506~94, ~ 2, 1 ~20~94)
24
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Sec. 32.314. Reporting. '
Each certified recovered materials dealer registered with the city shall provide to the ,
director of pub lie werkf} solid waste a quarterly report identifying the types and tonnages
of recovered materials from the City of Clearwater that were collected, recycled, or used
during the reporting period; the approximate percentage of recovered materials reused,
stored or delivered to a recovered materials processing facility or disposed of in the solid
waste disposal facility; and the locations where any recovered materials were disposed of
as solid waste. Each quarterly report shall be due not later than the last business day of
the month following the end of each calendar quarter.
. (Ord. No. 5506-94, ~ 2, 1-20-94)
Sec. 32.315. Termination, denial, renewal.
(1) All registrations for recovered materials dealers doing business within the city shall be
valid for not more than one year, and shall tenninate on December 31 of each year.
(2) Each registrant shall make a written application for renewal of registration on forms
provided by the director of publio '.yorks solid waste on or before October 1 of each
calendar year, which renewal application shall update the infonnation 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 matter as an initial
application.
(4) Registration may be tenninated, or an application for renewal may be denied, by the
director of publio works solid waste upon compliance with the procedure set forth in
section 29.41 (2).
(5) Registration or the renewal of a registration pursuant to this division shall not be
construed as a grant of a franchise or a vested right
(Ord. No. 5506-94, 9 2, 1-20-94)
25
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Sec. 32.316. Revocation or suspension.
The city manager, after affording the registrant notice of the charges and an opportunity
to be heard with respect to any revocation proceedings, may, if the city manager finds this
article to have been violated or that false statements were made on any report, application
or application for renewal or on any submittal required by this division by the applicant,
agent or employee, revoke the registration in its entirety, suspend the registration for a
stated period of time, place the registrant on probation or place other conditions thereon
as the city manager finds necessary.
(Ord. No. 5506-94, ~ 2, 1-20-94)
DIVISION 4. RECYCLING BY CITY
Sec. 32.320. Curbside.
(1) Curbside recycling shall be made available to residential, office, and hoteVmotel units
which are served by rearloader or si~eloader solid waste collection and a fee shall be
assessed in the amount set out in Appendix A to this Code.
(2) Curbside recycling collection will be once weekly. A recycling container will be
furnished by the city' along with instructional materials providing the necessary
information for proper participation to include the designation of the collection day.
(3) Curbside recycling containers placed near the curb. street or alley shall be placed there
no earlier than 7:00 p.m. on the evening precedinf! the collection day and must be
removed to a point at the side or rear of the structure bv 7:00 a.m. of the following
day. Any container not removed will be tagged by the Code Enforcement/Solid Waste
department with a warning. Repeat violators will be subiect to a fine in the amount set
forth in Sec. 32.281 (3) (a). which will be placed on the customer's utility bill.
(Ord. No. 5506.94, ~ 3, 1-20-94)
Sec. 32.321. Multifamily recycling.
Multifamily recycling will be offered to complexes within the city. The program will be
phased in by the solid waste department. The fee schedule for multifamily recycling will
be provided in Appendix A to tillS Code. Multifamily recycling will be tailored to the
needs of each complex and will be integrated into a full~service solid waste management
program.
(Ord. No. 5506-94, ~ 3, 1-20-94; Oed. No. 5941-95, ~ 1, 1-4-96)
26
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Sec. 32~322. Commercial recycling.
"
Commercial recycling will be provided by the solid waste division department in'
competition with certified recovered materials dealers registered with the city. The solid
waste division department will provide customized recycling service to commercial
establislunents tailored to the needs ofthe establishment and integrated into a total solid
waste management program. Commercial recycling base rates will be set out in Appendix
A to this Code, and such base rates may be amended from time to time by resolution
adopted by the city commission. The city manager may adjust the rates upwards or
downwards in order to compete effectively with private recovered materials dealers
operating within the city. '
(Ord. No. S506~94, ~ 3, 1 ~20~94)
, "
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27
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Item #25
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Clearwater City Commission
Agenda Cover Memorandum
Item #:
~5
Meeting Date:
2/1 8/99
SUBJECT:
First Amendment to Contract for Consulting Services with Siemon, Larsen & Marsh
RECOMMENDATION/MOTION:
Amend the existing Siemon Larsen & Marsh Contract to provide, through Prime Interests Inc. (SLM Sub
Consultants), program management and implementation services in an amount noHo-exceed $200,000 relating to
the redevelopment of Clearwater Beach, Downtown Clearwater, Neighborhood Planning and One City. One
Future. Program Management.
1BI and thallhe appropriate officials be authorized to execule same.
BACKGROUND:
As a result of the One City. One Future. initiative, a number of capital projects are underway. These projects
include Gulf-to-Bay, the Beach entranceway and plaza, the library, the downtown projects, the Greenwood
projects, Neighborhood projects, etc. In addition, there are individual development projects that require
significant amounts of time to negotiate and coordinate. All in all, there are approximately 90 to 100 projects at
various stages of planning and development. The programming and coordination of these projects is a major
undertaking. Significant time is required to adequately develop the scope, schedule and determine the funding
and allocation of personnel to each project.
The Commission is requested to approve an addendum to the Siemon, Larsen & Marsh contract to provide for
Prime Interests, Inc. to work directly with the City Manager's office to provide planning, programming and
coordination of services. The addendum specifies that Prime Interests, Inc. will bill on a per diem rate for their
services. Prime Interest, Inc. will be more involved in some projects and less in others. The amount of that
involvement will be managed by the City Manger's office. It is anticipated, however, that the range of services will
not exceed $200,000.00 for a 12-month period.
We are proposing to cover the cost of services by allocating funds from the various capital projects in an amount
not to exceed 1 % on anyone project. The investment of the funds on the "front end" of the projects will result in
better defined, more tightly coordinated projects and efficient allocation of money and manpower and is
anticipated to save as much as 5%.
Funding for services provided for the following projects are available in currently approved capital projects and
related expenditures will be charged directly to each of these projects: Gulf-to-Bay (315-92262), the Gateway to
the Beach (315-92148), the Memorial Causeway Bridge (315-92820), and the Main Library (315-93523). current
year project funding for downtown projects, the Greenwoods and other Neighborhood projects will be identified
and established by budget amendment prior to staff requesling services for these projects.
Reviewed by:
legal
Budget
purchasing
Risk Mgmt.
IS
ACM
Other
Originating Department:
City Manager
Costs:
$20U,OOO.00
Total
Commission Action:
o Approved
o Approved w/Conditions
o Denied
o C.:\dl~d
User Department:
Current Fiscal Year
Advertised:
Date:
Paper:
Funding Source:
o CaJlII~llmprovrmrnl,
o Oprrallng:
o Olhtr:
Attachmcnts:
1" Amendmenl to Contract for
consulllng services
City Manager
o Printed on recycled paper
o Not Required
Affectcd Parties:
o Notified
o Nol Required
Appropriation Code
Submitted by:
o None
"
FIRST AMENDMENT TO CONTRACT
FOR CONSULTING SERVICES
This First Amendment is made this day of , 1999,
by and between CITY OF CLEARWATER (City) and SIEMON, LARSEN &
MARSH (Consultant).
WHEREAS, City and Consultant entered into a Contract for Consulting
Services on August 11, 1998, for professional services according to
Consultant's Response to Request for Qualifications No. 90-98; and
WHEREAS, City and Consultant agree that Prime Interest, Inc, (Prime)
has been requested to provide program management services for the
development of the City of Clearwater's One City One Future Initiative under that
contract between the City and the Consultant referenced above.
NOW, THEREFORE, City and Consultant do hereby incorporate all terms
and conditions of said contract for consulting services and mutually agree as
follows:
1. City and Consultant agree that Prime has been requested to
provide program management services for the development of the City of
Clearwater's One City One Future Initiative as described in the attached Exhibit
uAulI
2. City and Consultant agree that Prime will provide all program
management services subject to the terms and conditions of the contract' for
consulting services between City and Consultant.
3. Prime shall be bound to all terms and conditions of the contract for
consulting services between City and Consultant in its performance of providing
program management services.
4.
All other terms and conditions shall remain in full force and effect.
. ~, I ~~~.." f,">. ~.
, "
.t.' 'T,{' ,.\ o.
, First Amendment to Contract for Consulting Services
IN WITNESS WHEREOF the City. Consultant, and Prime Interest, Inc.
have on this date executed this First Amendment to Contract for Consulting
Services.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Michael J. Roberto
City Manager
Rita Garvey
Mayor-Commissioner
Approved as to form:
Attest:
John Carassas
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
SIEMON, LARSEN & MARSH
By:
Its
PRIME INTEREST, INC.
By:
Its
C i t Y of C I ear w ate r
Program Management
,One City One Future
Contract Addendum
1. BACKGROUND R One City One Future Program Management Services
Prime Interests, Inc. has been requested to provide program management services for the
development of City of Clearwater's One City One Future Initiative. This engagement is
anticipated and outlined in the Master Design Services Agreement and therefore this Program
Management service agreement is an addendum. Generally these services provide an oversight
task to implement and coordinate the activities of ongoing design and development programs for
projects approved as major capital improvement.
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The City of Clearwater has an extensive capital improvement effort budgeted. The timely and
. efficient implementation of these capital efforts are of a scale that exceed municipal production
capacity. The Prime team effort is ad hoc and will be available as the projects go through
implementation. Under the control of the Office of the City Manager the program management
team will act to implement projects at the various department levels of the municipal government
and with external contractors and development interests. The savings in a unified program
management effort should be in essence self funded in savings in fees, contingency demands,
change order control, timely delivery, minimal community disruption, property value creation
and attraction of development investment. The first assignment for this effort is the Beach
Round-about foHowed by other One City One Future projects as approved and described
below:
Clearwater Bench Implementation Programs
Beach Gateway Implementation
Beach Parking Implementation
Pier Park Pedestrian Crosswalks and Platform Feature
North Beach Beachfront Redevelopment and Parking
South Marina District Redevelopment
North Marina District Redevelopment
Gulf View Beach Frontage and !3oardwalk Redevelopment
South Beach Parking
Other Beach Projects as Approved
Downtown Clearwater Implementation Programs
Downtown Cleveland St. Prototype Block
Other Blocks as Approved
Downtown Parking System
Bluff Parking North
Bluff Parking South
Waterfront Park
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Other One City One Future Initiatives Coordination
Clearwater Memorial Bridge
Comprehensive Parking Strategy
Inter-departmental Management
Greenwood Implementation
Gulf to Bay Implementation
Other Capital Projects as Assigned
2. SCOPE OF PROJECT
Prime Interests Inc. as Consultant agrees to provide professional Program Management services
under the terms and conditions described as follows:
a. The relationship will be that of a consultant who will provide a full range
of Program Management services relating to the implementation of
redevelopment and revitalization of major areas of the City of Clearwatert Florida.
b. Professional and technical services required under this Agreement will be
in accordance with acceptable professional and ethical standards.
c. It shall be the responsibility of Prime Interests to work with and for the
City and its supportive contractors to provide programming, opinions and solution
strategies for the implementation of approved and budgeted projects that flow
from the strategic development program. This program is a major redevelopment
initiative of the City of Clearwater referred to as Olle City - Olle Flltllre (lC-
IF).
d. The Consultant will prepare detailed implementation programming
strategies and methodologies for plans, which are approved by the City. The
City's Downtown and Beaches areas are the primary focus. Other management
initiatives may be assigned as needed to implement the City redevelopment effort.
The program management for One City One Future implementation plans shall
include the following:
. Monitor generation and adherence to clear program goals
. Monitor generation and adherence clear project goals
· Manage implementation of project responsibilities and milestones
II Generate project implementation methodology
. Coo~dinate decisions needed to implement projects
. Monitor program changes resulting from public input
. Participate in and coordinate management decisions resulting from
policy action andlor changing conditions
. Facilitate communication to the Master Design Team of project
development field conditions and stakeholder input.
· Keep City Managers office, key department heads and staff positions
abreast of decision actions, production concerns, and achieve closure so
implementation actions can proceed
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. ' Provide Management support for One City One Future program initiatives
as they generate the need for new strategy or program efforts especially
in the linkage of Planning, Engineering and Economic Development.
, . Such other tasks as requested by the Office of the City Manager
e. The consultant, while utilizing the City's Engineers of Record and other
Contractors, will focus on the approved project implementation. Program
Management will work to translate the approved concept design for revitalization
into reality, by monitoring design standard action for approved projects. This will
address all plan details such as desired pavement widths, parking systems,
pedestrian systems, sidewalk patterns, landscape treatments, street furniture and
design standards and other urban development issues and services.
f. The funding structure for Program Management will be developed from
the project capital budget contingencies.
g. The Consultant will ensure that City accomplish its project goals and
objectives and accomplishes each desired project in a controlled budget and
schedule environment.
h. The Consultant will ensure that this program management effort will use
methodologies designed to accomplish the following:
. Program Management -City Manager framework
. Program Planning - City Departments and Consulting teams
. Program Implementation - Process and Methodology
. Program Stakeholder Participation - Input from Multiple Publics and Parties
at interest
. Program Results Tracking - Responsibility and Accountability
i. The Consultant will provide through the role defined as Program
Mallaller-One City One Future management action and implementation on a
number of project elements simultaneously. The role needs both project
development and public management experience.
j. The consultant will provide the services through Jim Egnew principal for
project implementation program tasks and Richard Gehring principal for the
public management program issues. In operating experience both principals
compliment and back up each other to address schedule conflicts and meet
deadlines. The basic parameters for this task include:
. Kick off workshop with senior management to define the working
relationship
. A designation of the role in writing and meetings to key municipal team
members and consultant teams
. Responsibility to define decisions needed Wl transmit the selected decision
action required to keep projects on the approved schedule
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. Provide interface bctween outside contractors and city implementing
departments
. Have broad access to decision-makers to get input. solve conflicts and get
sign off on key program areas
. Evaluate real conditions for activc project clements and assess status with
recommendation actions to stay on course for the desired quality plane,
schedule and budget '
. Take on management initiatives as approved to address desired results and
efficiently address project planning, scheduling, budgeting, permitting,
construction and stakeholder involvement issues.
k. The Consultant will perfonnlprovide programming and project
management for a wide range of projects, both large and small.
1. The Consultant shall submit monthly reports summarizing the progress
achieved, difficulties encountered or anticipated, and recommendations to solve
them as well as expected progress in the next reporting period.
m. AlI documents and reports shall be submitted with five copies in hard and
50ft format.
3. ADMINISTRATIVE AND FINANCIAL PROCEEDURES
Prime Interests, Inc. will perform the above tasks with the resources of Richard E. Gehring and
James P. Egnew who as principals have the experience and the programmable time to address the
tasks defined and anticipated for this engagement. Additional resources will be secured as
required for timely implementation of all project and program task clements.
The City will provide a project staging area and workroom for the program in proximity to the
City Manager's office with necessary phone and computer interface.
Prime Interests, Inc. will perform the above tasks on a time and material basis at a rate of $125
per hour for principal time $ 8S per hour for Associate time and $50 per hour for administrative
support and all direct expenses. Prime will submit bills monthly simultaneously to the Office of
the City Manager and Siemon Larson and Marsh(SLM) with 8LM's Authorization required for
payment.
4. WORK PROGRAM TO SATISFY SCOPE OF PROJECT
In order to satisfy the scope of the program management project, the implementation strategy for
each plan for the One City One Future initiative, at a minimum, will include the following
elements:
a. A programming document that clearly structures the projects goals and
objectives and its physical and financial parameters.
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b. A conditions precedent list defining actions necessary to implement the
planned project and accomplish it within the established parameters.
c. Prepare a preliminary programming schedule to structure the actions.
required from design to completion.
d. Define project program guidelines indicating general implementation
concepts for ubuild-abilityH to be applied to each of the redevelopment area
project.
e. Set out actions by departments or contractors to efficiently accomplish
project objectives.
f. Review and monitor project schedules as developed and recognize that the
complexity of some projects may require special schedule resources
g. Include Acquisition efforts in programming when there are identified
properties to be acquired and assembled.
h. Monitor and update the capital improvement plan required for the
redevelopment program of each area (prepared by Master Design Effort),
i. Monitor and update the finance plan (prepared by Master Design Effort),
with particular emphases on project applicability of grant funds.
Representative Task List
(Apply to projects as required)
Task 1.0
General Tasks Proiect Definition
1.1 Preparing of Development -Investigative programming and analysis to address:
. General Conditions of site area
. Environmental Conditions
. Geo tech Conditions
. Survey Data and Ownership
1.2 Providing assistance and advice in the City's selection of consultants and contractors
. Architects
. Engineers
. Specialty consultants
. Construction managers and contractors
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1.3 Work with general city counsel and staff in the negotiation and preparation of contracts
between the City and:
. Architects
. Engineers
. Specialty consultants
. Construction managers and contractors
. Coordinate and conduct project team orientation
1.3 Establish, monitor and update project schedules
1.4 Establish, monitor and update project budgets
Task 2.0
General Tasks Protect Desh:n Pro~ram
2.1 Coordination of project design phase with consultants, contractors and City.
. Project Design
. Utility Design
. Roadway Design
. Parking Design
. Landscape Design
. Common Areas Design
2.2 Conduct design alternative costlbenefit analysis, advise City and coordinate with
consultants and contractors. '
2.3 Conduct project phasing alternatives analysis, advise City and coordinate with
consultants and contractors.
2.4 Conduct regu~atory approval negotiation and cqordination.
2.5 Conduct design progress meetings.
2.6 Establish cost control procedures.
2.7 Review designs and construction documents with City at milestones.
Task 3.0
General Tasks Project Construction
3.1 Conduct constructability review, advise City, and coordinate with consultants and
contractors.
3.2 Expedite entire process as necessary to meet City schedule and coordinate with
consultants and contractors.
3.3 Coordinate demolition phasing.
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3.4 Review construction planning advise City, and coordinate with consultants and
contractors
. Long lead item identification
. Division of work
. Phasing of work
3.5 Monitor and report on bidding and contract award process.
3.6 Bid evaluation and recommendations to City.
3.7 Cost monitoring with regular cost reports to City.
3.8 Monitor any public policy benefit program and report periodically to City.
Task 4.0
General Tasks Project Representation (optional) or oversitc
4.1 Monitor cities selected construction manager or provide one as requested
(Optional) -
. On-site overall project and contract administration as Owner's Representative
. Inspect, monitor and expedite City's work
. Coordinate City's eM work with other contractors on site
. Review and monitor vehicular traffic maintenance program
. ,Review and monitor public safety program
4.2 Establish and oversee submittal procedures
. All owner selection items
. Change orders
. Payment requests
4.3 Logs, files and other project documentation
. Test reports
. Review and recommend approval of pay requests.
. Review and recommend approval of change order requests
. Attend job site meetings
. Coordinate technical inspection and testing
4.4 Recommend and coordinate exercise of City's contract prerogatives
Recommend and coordinate corrective action on non~compliance work or contract disputes.
. Receive and distribute all project communications
. Expedite City approvals and responses.
. Coordinate and expedite project completion procedures.
. Coordinate and expedite City occupancy
. Coordinate City occupancy with overall project completion.
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Task 5.0 One City One Future - Initiatives Coordination
5.1 Clearwater. Memorial Bridge,
5.2' Comprehensive Parking Utility
5.3 InterMdepartmental Management
5.4 Greenwood Implementation
5.5 Gulf to Bay Implementation
Task 6.0 Community/Stakeholder Particination
6.1 One City One Future Documentation Coordination
6.2 1 CI F Stakeholder Participation Efforts
6.3 ' Public Status report development
6.4 Intergovernmental Coordination Strategies
6.5 RFP Implementations
6.6' Developer Agreement Implementation
6.7 Other Management efforts as required
Task 7.0 General Consulting Services
7.1 "Management Studies as Required ,
7.2' Management Support as Required
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Interoffice Correspondence Sheet
Mayor and Comm issione'i:Q:)
Cyndie Goudeau, City CI\U '
Michael J. Roberto, City Manager; Bob Keller, Assistant City Manager
Date: February 8, 1999
RE: ' St. Petersburg/Clearwater Economic Development Council
Commissioner Seel's appointment to the Pinellas County Commission has resulted in
Cfearwater having no representation on the St. Petersburg/Clearwater Economic Development
Council. Therefore, 'I am placing on the 2/18/99 Commission agenda, appointing someone to
finish Commissioner Seel's term which ends April 16,2000. This Council meets as called.
Clearwater actualJy has two seats on this Council. In May, the Commission did not
reappoint Mr. Evans. This appointment was continued until such time as additional nominees
could be identified. No new names have been submitted. The term for this seat runs until
May 5, 2000.
Please let me know if you would like additional information.
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FEB-16-1999 eel sa '
PlnellO$ STAR Center
727 545 6719 P.02
ST. PETERSBURG/CLEARWATER ~"
ECONOMIC DEVELOPMENT COUNCIL
AN AOENCY OF THE PlNEu.AS COUN1Y INDUSTRY COUNCIL
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February 16, 1999
I!.xrcuth~ Dirtctor
CHARLES K. "KEN'" HAll
Rita Onrvey t Mayor
& Clearwater City commission
Subject:
PinclJas County Industry Council
Executive Board Appointments ,
The Florida State Legislnture passed a bill last year to abolish the Pincna.~ County lndus~
try Council (pele) effective July 1 t J 999. On that date. tlte PincUas County Board of
County Commissioners (Bee) will assume all rcsponsibiJitics of the PCIC.
With just four months of orricial status remaining, I TCSpeCtfUIJy request that you allow
Karen S~el to s'emain on the Pinel1ns County Industry Council Executive Board a" one of
the two representatives from Clearwater. The continuity of the PCIC Executive Board
would benefit our desire to faciHuue a smooth and effcctive transfer of pele programs to
the BCC.
;Z:Y'l!afy
Charlcs K. HaJl
Executive Director
54 t -8273
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7990 114m AVE. N., SUITE 1. LARGO. FLORIDA 33773, USA
PHONE (813) 541..8080" FAX (813) 541..8585" TOLL FREE 1..800.858.4144
WWVl.STPBTB..CLEARWATER.lIDC.COM
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M.dM &llch . Nonh R.cd/nattID. !ltxh . QIdunar . Pmi:!lu ratk + RedinllUlD Bellth + 1\tdilli;toa Shores SakCJ fulbor + Sr, l'cet Be:tcli . Sc:mlno1c
South PUlIIJen.o. . 1l1rpnn Sprlngt + 'UtMUtt l&Pnd
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BOARD OF C()UN'1Y COMMISSIONEI~S
PHONe (727) .""'3276 · FAX '7oi!7) 404'3022 · :J lIS cnURI'STREET · C:Ll!ARWATEA. n.OAIUA 3.3766
t::-MAlL: 1<~!:n@t:t,lol"l\:I.l.A'.n..UIl
KArt!!:H WIL.UAMB SEE!..
COUNTY COMMISSIOHI..
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FAX. TRANSM1'1"I'AI~
TO:
MAyor At1J Cily Cnmml9tJiuucrtl
CUy of clearwa.tor
PROM:
Knren See1, Counly ComU1iuiollel~
Rn:
Allpahllmoll~ h) St. Pctcr8hurw'Cle.uwi1lor 1i\."Outnniu Dcvolopmonl Council
DArD:
fohnluty 15, 1999
pl~l1l1'" kllOW I ant interesleJ in cunUnuint-l tu llOrvo 011 lh~ St. 1 )clctt1bur~/Cle'lI:wnlol' 13uunmnlo
DlNolopmout Council. I knuw t1,cro ill'\.! twu open nppuintmcntlJ frum tho CUy, una 06 It CUy
COmmillJlnllCl:, and une QJ 11 huslnotJ!:I t':teculivc. wl\ite r l~iln tlt.'llun~l!r 5Crvc 1111 a City COUUullllfluner,
1 would he pICl\BCJ to cuntinuo lOIfClW AI., rcpre:lCntativlll"f tho City's husiuctltl L.'<Hl\11\Ull11y. With fivo
1k1Cmthll 'oft Lufor~ tl,o CouncIl tlmucls, l hcliuvu [ elll11,1 Lu tlfft!cUw In lhu \ll'unmlng UA11l1itinn,
ThQuk yO\\ fur YOUJ: cOlu.lideta.t1nn.
<<: Ken linn, executive Dirodol'
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ST. PETERSBURG/CLEARWATER
ECONOMIC DEVELOPMENT COUNCIL
AN AGENCY OF THE PlNEllAS COUNn' INDUSTRY COUNCJL
J. E.UGENE DANZEY
Chl:irm~n
Ext(.ur.w: DirttlOf
CHARLES K. MKEN" HALt.
January 21. 1999
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The Honorable Rita Garvey FAX 562-40.52
Mayor M City of Clearwater
P. O. Box 4748
Clearwater, FL 33755
JAN 2:: 1998
''';lERK I A-'r7'~RN~'
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Dear Mayor Garvey:
Naturally, our Board members are extremely pleased that Clearwater Commissioner Karen Seel has
been appointed to serve on the Pinellas County Commission by Governor Jeb Bush. Commissioner
See! has been an active member of the Pinellas County Industry Council Executive Board
representing the City ofClearwatcr and has been especially active in our STAR Center projects.
A major project is in the planning stages, announcing the Raytheon effect to the STAR Center, two
other existing tenant expansion announcements and a delegation from Washington including The
Honorable C. W. Bill Young, Secretary ofEnergy~BiU Richardson; Chairman of the Board and'CEO
of Raytheon, other dignitaries. including Governor Jeb Bush. will be invited to participate. We
assume that when Commissioner See! joins the Pinellas County Commission. her position as
representative of Clearwater, will end. However, we stm have a Clearwater position available -
replacing Mr. Richard Evans. Commissioner Seel qualifies as a business executive to fill this
position. I sincerely hope that you win appoint her to the PCIC Executive Board so that she wiJJ
continue to assist Ken and the Board in all of our projects.
I would like to thank you {or considering our request and look forward to hearing from you soon.
. Eugene Da.nzey
Chainnan
[)tut~
JEDnon
cc: Commissioner Karen Seel fAX 562-4Q52
Charles K. (Ken) Hall
7990 114th AVE. N., SUITE I. LARGO, FLORIDA 33773, USA
PHONE (813) 541..8080 .. FAX (813) 541..8585 ~ TOLL FREE 1..800..858..4144
WWW.STPETE..CLEARWATER.EDC.COM
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Mlldtirt a.:tch . North Rcdinctcn &.ch . Oldsm., . Pinclw Par" . ~dlnttOn Be.~eh + Redinglon S\wle'J S.fety H"bor + St. Pete Beach + Seminole
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APPOINTMENT WORKSHEET
Agenda ;;J I
FOR COMMISSION MEETING Februarv 18. 1999 APPOINTMENTS
BOARD: Beautiffcatio'n Committee
TERM: 4 years
APPOINTED BY: City Commission
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBER~: 7
CHAIRPERSON: Marcia Blakemore
MEETING DATES: 1st Wed., 8 am
PLACE: MSB
APPTS. NEEDED: 2
DATE APPTS TO BE MADE: 2/18/99
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.
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Name
Date of Original
Appointment
Attendance Interest in
Record reappointment
2 vacant seats
New members will begin March 1 st and have term to 2/28/2003
THE FOllOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO Fill THE
ABOVE VACANCIES:
Name-Address
Comments-Related Exoerience. Etc.
1. Brooks Hammac
2035 Rebecca Dr., 33764
Retired, was Manager - Lockheed Martin
Specialty Components
2. Richard Ruben
1430 Gulf Blvd., #501, 33767
Retired Branch Manager, Ford Motor Credit Corp.
Zipcodes of current members:
1 at 33755
2 at 33761
2' at 33767
2 vacant
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CITY OF CLEARWATER - APPUCA TION FOR ADVISORY BOARDS
. (must be Clearwater resident)
Name: &;,l~Ct ~. 4d.tr
Home Address: ..
312. YI1CL(l V fA., [) v-u
~ ~ j ArUJotlv- 'FL Zip 33 /7 S
Telephone: .r; d-.1- t( t.J {;.. q ~1 0
How rong a resident of Clearwater? 3 rs..
occupation:~('- DW l\I {flld.<a.~'fPr~mPloyer: t.Mbl Nb A () +
Field of Edu~t'o7n', Other Work Experience:
~:t. P{I mttJr~ ~ ttLr/L{
Office Address:
~() I fiJ\JhSSlJLl r 0
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Telephone: 5 ~ q - /} S"L{,
Av-L-
Zip 33T74
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Board Preference:
fJe t11Ch 1arlt M.
Additional Comments:
.
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue . R ~ C E K 'l E D
FEB 1 7 1999
CITY CL2,;':~ DEPT.
@
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities? __
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O/l,i.- 'fi<u.f;j , :tk &d. 'jCU:t<in JJ(/ r:rrv (iL,::, ::~ U<::;;,
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
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4. Why do you Janr to serve on this~oard?
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Name: ~ldw 2. tir6 Board Name: &-r;>>7;f;iik;
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APPOlNTMENT WORKSHEET
FOR COMMISSION MEETING Februarv 18, 1999
ITEM# ~
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BOARD: Parks and Recreation Board
TERM: 4 years
APPOINTED BY: City Commission
RESIDENCY REQUIREMENT: City of Clearwater
FINANCIAL DISCLOSURE: Not Required
SPECIAL QUALlFICA TIONS: None
MEMBERS: 7
CHAIRPERSON: Geraldine Shriver
MEETING DATES: 4th Mon., 6:30 pm
PLACE:
APPTS. NEEDED: 1
DATE APPTS. TO BE MADE: 2/18/99
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THE FOllOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW
REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW
APPOINTEE.
Name
Date of Original
Appointment
Attendance
Record .
Interest in
reappointment
1. Gary Giordano ended 2nd term 1/31/99
NA
NA
new person will begin March 1 st with term to 2/28/2003
THE FOllOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO Fill THE ABOVE
VACANCIES:
Name-Address
Comments-Related Experience, Etc.
1. Deloris Bell
1356 Terrace Road, 33755
Retired Family Education Specialist & Teacher
2. Jim Ficken
1608 N. Osceola Ave., 33755
real estate investor
3. Richard Ruben
1430 Gulf Blvd., #501, 33767
Retired Branch Manager, Ford Motor Credit Corp.
Zipcodes of current members on board:
2 at 33755
1 at 33756
1 at 33759
1 at 33764
1 at 33765
1 at 33767
1 vacant
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APPOINTMENT WORKSHEET
Agenda Pz 9
FOR COMMISSION MEETING Februarv 18, 1999 APPOINTMENTS
BOARD: Community Development Board
TERM: 4 years
APPOINTED BY: City Commission
(=INANCIAL DISCLOSURE: To be determined
RESIDENCY REQUIREMENT: City of Clearwater
MEMBERS: 7
CHAIRPERSON:
MEETING DATES: to be determined
PLACE: to be determined
APPTS. NEEDED: 7
DATE APPTS TO BE MADE: 2/18/99
SPECIAL QUALIFICATIONS: Four members of the board shall be qualified and experienced in the
fields of architecture, planning, landscape architecture, engineering construction, planning & land
use law and real estate
THE FOLLOWING ADVISORY BOARD MEMBER[S) HAVE TERMS WHICH EXPIRE AND NOW
REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW
APPOINTEE.
Name
Date of Original
Appointment
Attendance
Record
Interest in
reappointment
1 member to be appointed for 1 year term
2 members to be appointed for 2 year term
2 members to be appointed for 3 year term
2 members to be appointed for 4 year term
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE
VACANCIES:
Name-Address
Commissioner Clark's nomin'ees:
David Gildersleeve (currently on PZI
3350 San Pedro St., 33759
(Consultant - Planning)
Douglas Hilkert (currently on PZ)
2227 Habersham Drive, 33764
(Attorney)
Edward Mazur, Jr. (currently on PZ)
136 Marin~ Del Rey Ct.t 33767
(Civil Engineer)
Commissioner Johnsonts nominees:
David Gildersleeve (see above for address)
Edward Mazur, Jr. (see above for address)
Alex Pliska
706 Oak Ave., 33756
(Architectl
(currently on DRB)
_--...~_.
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William Schwab (currently on DCAB)
2574 Sweetgum Way West, 33761
(Retired US Coast Guard)
Vice-Mayor Hooper's nominees:
David Gildersleeve (see above for address)
Gerald Figurski (currently on PZ)
2975 Eagle Estates Cir W,33761
(Attorney)
Shirley Moran (currently on DCABI
. 650 Island Way, #508, 33767
(Consultant)
Mayor Garvey's nominees:
Edward Mazur, Jr. (see above for address)
David Gildersleeve (see above for address)'
,
Alex Pliska (see above for address
Other recommendations:
William Johnson (see below for address)
William McCann (currently on ORB)
1563 Turner St.,' 33755
(Professional Engineer)
Names received in the City Clerk Department are:
Otto Gans (past member DCAB & PZ)
868 5, Bayway Blvd., #313, 33767
(Retired - Human Resource Manager, Real Estate Manager)
Mark A. Jonnatti (currently on DCAB)
2775 Quail Hollow Rd., E., 33761
(Architect)
Jonathan Wade (1/31/99 ended 2nd term on CRB)
908 Pennsylvania Ave., 33755
(Community Intervention Specialist)
William Johnson (currently on DCA B)
479 East Shore Dr., #1, 33767
(Real Estate Development)
Shirley Moran
(see Hooper's nominees)
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BUlldmg relationships on a foundation of excelfence
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December 22, 1998
Mayor Rita Garvey '.J. ~L.I
City of Clearwater
City Hall
Post Office Box 4748
Clearwater, Florida 33758-4748
COPIES TO:
COMMrS~lnp\,
DEe 2 9 1998
PNc:.;)~
CLERK I ATTORNE\'
Re: New Community Development Board
Dear Mayor Garvey:
The purpose of this letter is express my strong interest in servjn the new Community
Development Board, I have thoroughly enjoyed my tenure on th lanning and Zoning Board In
the early 1980's and during this past year. Having lived I a r since the mid 1950's, it is
evident that there Is no period in the City's history where sting decisions will be made
than in the next few years Implementing the .~e v~sion.
Given the requirements for appointm8Jl1J..~ the <dxJ1rJ)Ji1Jty DevelopPtent Board, my educational
qualifications and professional expenenOO'CteatTiWllQiu3 .fW. J hold a Bachelors Degree and
Masters Degree in Urban and Rlegnal Plal,_have worked in the urban planning field
most of my professional~y'er I "Tamp y.... Our new land development code will
provide unique opportuffifles "for t City to erea e wm-win relationships with the development
community toward implementing the City's vision. I personally believe it is incumbent upon
appointed Board mer:nbers to view new development and redevelopment from this perspective.
. ; -
, have enclosed an updated resume for your consideration. As a professionaJ pJanner familiar
with our new code, I would be remiss in not complimenting the City's professional staff working
in concert with Charfie Seiman's firm In creating what will certainly be one of Florida's best land
development codes.
I wish you a happy and prosperous New Year and look forward to continuing my service to the
community as a member of the new Community Development Board. Please feel free to contact
me at the office telephone number below, or my residence at 796-2939, if you have any
questions.
Sincerely,
~-AAA .J.: ':
CC!,' -1 r~
DBG:dbg:ras
F:\OG1LOERSlEEVE\QARVEY.OOC
MA1000.IlS
Enclosure
ec: Mike Ruberto1 City Manager .,,"11IIIII.
r ..~l I'" 'I
Engineering , Landscape Architecture · Planning · Sciences · Surveying FL lC RlJ9. No. COOOl21 C = = J
I. ~!. :or ..
4919 Memorial Highway' Suill' 200 . Tampa. FL 33634' 813882.8366' 6884999624' FAX' 813flB4 59~O' VMW....:ldf'lrimrf""" &::a......~r:"
I
DAVID B. GilDERSLEEVE
SENIOR VICE PRESIDENT & GENERAL MANAGER
ECUCA TION
85. Urban and Regfonal Planning, California State Polytechnic University, 1973
MS, Urban and Regional Planning, California State Polytechnic University, 1974
EXPERIENCE
As Senior Vice President and General Manager of Wade-Trim, Inc.. Mr. Gildersleeve Is responsible for all
phases of company operations. This Jncludes direct supervisIon of administrative and financial staffs as
well as project management of major public and private planning, development and transportation projects.
Areas of specific experience Include comprehensive planning, zoning and land use studies, Developments
of Regional Impact (ORis). Planning. SociaJ, and Envlronmentallmpact Studies, Project Development and
Environmental (PD&E) studies, land development regulations, and developmenVredevelopment studIes and
plans, public participation charrette facilitation, and expert testimony. Mr. Gildersleeve also directs the firm's
business development activities.
Recent project experience Includes:
Governors Task Force on Urban Growth Pattems. Project Manager for special case studies of the
Countryside and Tampa Palms communities. Project Included a detailed analysis of the growth
patterns assoclat~d with each area and the associated governmental subsidies required to support
the specific development pattern. Under a contract from the Department of Community Affairs, this
project provided valuable data In support of ElMS III Leglstation passed by the Florida Legislature.
U.S. Alternate 19 PD&ElEIS. PIne lias and Pasco Counties. Project Manager for 20 mile FOOT
District Seven PO&ElEJS study. The purpose of lhe study was to determine the most feasIble
alternative for future roadway improvements to accommodate year 2015 traffic. Study involved land
use, traffic, social, environmental, cultural analysis, and extensive workshops InvoMng two counties,
four cities. and general public.
Comprehensive Plan, City of Palmetto, Florida. Project Manager and primary author of the City'S
Comprehensive Plan. The project Involved extensive data collection and analysis, polley
formulation, financial (OIP) planning, and extensive publlc charretteslworkshops to obtain
community consensus.
u.s. 41 PD&E Study, Collier County. Florida. Project planner responsible for coordinating and
Implementing public Involvement program for Six Mile Study between downtown Naples and S.R.
591. Tasks included development of public involvement plan and the conducting of public
workshops and hearings. .
Comprehensive Plan, City of Beliealr Beach, Florida. Project Manager and primary author of the
City'S Comprehensive Plan. This effort involved data collection and analysis, polley formulation,
extensive public charretteslworkshopslhearlngs to gain plan consensus. !
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Buckingham Community Park, Lee County, Florida, Served as project planner In the master
planning of a 130 acre community park east of Ft. Myers. Primary Involvement Included the
conducting of charrettes with area residents was a key component In Identifying park needs and
design criteria. The first phase of the project was constructed In 1994. Phase II was completed in
1996.
Design Guidelines, City of Pine lias Park. Past Chairman of the City's Design Review Board of the
Community Redevelopment Agency. Conducted numerous workshop sessions In developing
guidelines and building community consensus.
Concurrency Management System. City of Tampa, Florida. Project Director for developing the
City's Concurrency Management System requIred under Florida's Growth Management Legislation.
The project Involved extensive charrettemorkshop facilitation to build consensus between City staff,
elected officlalst and development community. The project was successfully completed and
Implemented in 1990.
Concurrency Management System, City of Sarasota. Project Director for preparaUon of the City's
Concurrency Management System (CMS). The project involved extensive meetings with City staff
to develop procedures in Implementing the OMS. Public charretteslworkshops were conducted
involving governmental officials, appointed and elected City officials, developers. and the business
community. Upon developing consensus. the system was implemented In 1990.
Coastal Management Elements. City of Tampa and HllIsborough County ComprehensiVe Plans.
Project Director for preparation of the Coastal Management Elements for each municipality. Under
contracts with the HllIsborough County-City County Planning Commission extensive data collection
and analysis, policy formulation Implementation strategies and finance options were developed.
The project involved extensive technical and citizen input with municipal staffs, private developers,
elected officials, and the general public.
Regional Polley Guide, Tampa Bay Regional Planning Council. Served as Council's Chief,
Comprehensive Planning Division and drafted the first Regional Policy Plan for the Tampa Bay
Region. The project was funded through a DHUD 701 planning grant and provided policY direction
for land use. transportation. environmental resources, economic development, and Infrastructure.
Extensive workshops were conducted to achieve a regional consensus toward implementation.
Project Manager for preparation and processing of numerous Developments of Regional Impact
(DRI's) including representing developers at public workshops and hearings. Representative
projects Include:
. University Park, (1.058 Acres) Manatee County
. River Club. (1,000 Acres) Manatee County
. Sheraton Sand Key Resort Expansion. (21 Acres) Clearwater
. Manatee Park of Commerce, (245 Acres) Manatee County
. TrI-County Business Park, (436 Acres) Hlllsborough County
. Thomas Ranch (AKA Westchase), (1,451 Acres) H1I1sborough County
. Wesley Chapel Lakes, (2,150 Acres) Pasco County
t .
Tampa Bay Downs, Hl1Isborough County. Project Manager for preparation of technical study
asseSSing the environmental, transportation, and land use Issues surrounding future expansion of
the racetrack.
,
Comprehensive Plan. Town of Belleair Shore. Project Manager for preparation of the Town's
Comprehensive Plan. Primary tasks Included data and analysis, polley formulation, public
Involvement through workshops and hearings. development of concurrency management system
and land development regulations.
Coastal Management Elements, City of Tampa and Hfllsborough County, Florida, Served as Project
Planner for preparation of coastal management elements for both municipalities. Work Included
data collection and analysis. policy formulation, review of multiple modes of transportation withIn the
designated coastal zone (I.e., roadway. transit, rail, shipping, etc.). Conducted public workshops
to obtaIn citizen Input In plan formulation.
Evaluation and Appraisal Report (EAR), City of Palmetto. Florida. Currently working on EAR
Including evaluation of City's compl/anca with adopted goals, obJectives. and polJcfes for
transportation and land use,
Evaluation and Appraisal Report (EAR). City of Port Richey, Aorfda. Currently evaluating the City
Comprehensive Plan policies to determine compliance and to make policy revisions, where
appropriate.
Evaluation and Appraisal Report (EAR). City of Inverness, Florida. Serving as Principal-in-Charge
for updating the City's Comprehensive Plan including goalst obJectives, and policies.
City of Gulfpolt Rorida. Project Manager for providing consulting services In preparaUon of Coastal
Management and Conservation Elements of Comprehensive Plan.
Tampa Bay Downs, Inc. Project Manager. Technical Memorandum: Assessment of Environmental.
Transportation and Land Use Potential.
Prior to joining Wade-Trim in 1987, Mr. Gildersleeve was owner and principal of Land Design Group,
a company providing planning consulting services to the private sector in the areas of rezonings and
land use plan amendments, land use studies, special studies, variances, special exceptions, and
site feasibility analysis.
PROFESSIONAL SOCIETIES AND HONORS
American Planning Association
Florida Planning and Zoning Association
Past Chairman, Design Review Board. Pine lias Park Redevelopment Agency
Executive Fellow, University of South Florida
Tampa Chamber of Commerce
Contractors and Builders Association - Pine lias County
Builders Association of Greater Tampa (BAGT)
National Association of Office and Industrial Parks (NAIOP)
Former Member, Clearwater Planning and Zoning Commission
Society For Marketing Professional Services (SMPS)
F:~ESUMeS\08G_lGv
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CiTY OF CLEARWATER
Application for Advisory Boards
(must be Clearwater resident)
P~CEXVED'
Hi! 24 1997
~ITV CLERK OEP'r.
Name 0,(>1' () ~ G A- tV ~
Office Address:
Home Address:
~ (, i g, "J5Ato(WA... 'B..,,~ (SZI'&)
l.\.E:.A 4wA'Tf.1L l ~.. ZIP: S 3?b '], J. "gq
"'1 A
ZIP:
Telephone ~ g" .. '1 0 ~ &.{
NI~
Telephone
How Long a r~sident of the City of Clearwater? t e 'fA. g ..
Occupation <'i?~Tl a &;0 Employer gu,,", O.'t.. C O. (~vt.Jo eo ) ..., 0 '("A S. .
Field of Education: Other Work Experience:
8.9. ~O"'\lti&. A ".,,,,,_ HVtH\N ~1i"ch,lAc.'E M(lrf(., ~A~"~~UJ \J,g,
H\UUC,AtJ g"'~"E "~,,,. "B".Itto.l'" ADM. '"R~A" 'It ~"A1"~ Me,. 9-.
g'<AA~"IE r..Jtll""~ SA':.:"... M60....1'. 9AkS,,, C'\CI'ft. J
tJ.'(.q"l'~c.M."E'J&(Mt\N("flNS"r'1'Ulf. (,\~AO.) Mrct("H'''''O)~u,",.~ t\4loCl. .
RUP~~S/~fi -1='&>~ 1i?~IJ" -e:s-rAr~ f}-o.qvUI'f/,,/J$ IHID ~P"'3'Rr)~,.
If . d f 'C\. M M of .f~v',,~
retire, ormer occupation vl$""~'("" Ci-'A".I' ~R.l<-e~1 fo.jc, ..... c!)t'~~ R'T'(IjI.J S :s-r~"'PH~,G'T(.
Community Activites: C \\ I\PE t.. .."i?..,."tM tot S! EA: w'A R. (:) M~ ....e..A. ".,0 <''''''C.~A tJ
~fl"otJ'" e.,- <!OMM ''T1'!€ : 'iE"~. e",. CWAMoeR -.r'i3ti!-Q,c:.H C1-IA,..Sttt -oF (!o...to\ER~E.
~~v I!l ~,eGofo,) ""TAld.c ~6fl cE-
Other Interests:
Board Service (current and past)
~". Co Of ~p,). 'is''oAIl.C> (O(AB)
J' t<r toI -.rAfh 'Fha t: ..
-1?...A ~ U\tJ c" A tJO '1 Q M IN CI ( 9...1..)
Board Preference:
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~EW- 1?E..u s~c Pt'lEIJT EV'Ie.wJ3bARD ( ..,AM. 1 )
q /)'/111 ~ :p v-- 'X '
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Additional Comments: E~Pft2.ltLUc~a ,tJ~ ?LA~tJ.to> (" 'It '1 frow1"l<< Ii GMT I ~hU.. "i'g""AYE Z'ClNIf.Jt..)
,sCtlN VA'UANCESJ "'Pe""Ot.1t.'':'" Aptt, UNHU..J "'E6-orUl1'.oI-JS
Signed: Jtt R~ Date: J'-~ .P.<C 1'I9?
Please sea attached list for Boards that require Financial Disclosure. PLEASE RETURN THIS
FORM TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 34618
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Rec>>v \. 5.. 9 ~
BOARD QUESTIONNAIRE
App'lIcant's Name:
. . .
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Name of Board Applying For: ...-p..... ~ .0 ~ t-JG.w '1:7..f.',N(oI \ N(r .~ ~ '""it"
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1. . What is your understanding of the board's duties and responsibilities?
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2, Mave you ever obse.rv~d a ~.o~ud meeting eithOer in person or on C-View, the
City.'s TV statton? . . " I .
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3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
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gOA~D (tHl1tflMAJ "..au) RJJ() 'f"HiG.. ~.... ~ ~~AR.o
4. Why do you want to serve on this Board?
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'Pi{ (J 3 P ~ 12 'B y s e t2 1/ J JJ Go , f I f,J A- ~ ~ ~!. W H te.. t'l.t: M "1'
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CITY OF CLEARWA lER - APPLlCA liON FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: Si-l-1.~J.,b.~
Home Address:
~o -/-..sLAND wit"; 71-- 508"
Q1,=7'7I<u)~ FL/t Zip 337~7
.
Telephone: I-f'-j ;2.- /~ " (:)
How long a resident of Clearwater?
Occupation: Co tv'S ul..Jrh.JT" .
Field of Education:
~-JEAoNMLo c:; Y
~Ct'nL SH('.rn'CZ~
(Y)rttz-K tET/,J (!;J .
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Office Address:
Z'
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Telephone:
~7 1'1.::.7h<,S
f71)m/,J
Employer: ~ Q....:z..;::- - E P11' .6~26-D
Other Work ~xperience:
I
.D I I{/:; r:.7lJ J<.. 0 p
jPl1-L~ t/197C&~ ~. CJ;< .
If retired, former occupation:
Community Activities: c:ST 1/1/.IC-lrJr DE ~/JUL 0~ II f' Li/7?:-dc7L/.
Other Interests:
Board Service (current and past):
COf7?((] /.A./lJ j n' t EUJ-T/CJ;u S
r/fJ-1tTT6
. Ol=-uJ-13 - ~~r:
Additional Comments:
.
Board Preference:
CtJmfYJ L/ J1/ " /;/ /)Sl/8-L;r'/7JI::.?J 7:
Signed:
/ok<zJtY
/ I
See attached list for Doards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department. P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue v "i'7 ~ D
~.~CE Il ~ JI.!!.
(J C r 2 9 1998
Date:
f"':17'\' '.'L-=""{ DEPT.
~. I . VI-I',
..
Co rY1 tfY) 4/1../ / II D I: -U L::'C" P /YJI..:N/' .
BOARD QUESTIONNAIRE
.
Applicant's Name: ~ III ;<Lt:. Y If;J-L-
Name of Board Applying For: C ~fY1 m uN!' I/'
f?1 0'< r9-,J
DE'/' S-af/r?JeJcJ T
1. What is your understanding of the board's duties and responsibilities?
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13 i 7711E"" fJfIOLicfinJ7 Iff E#{liS/::').1T/17i V E
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2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
ycs
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
y ~/^-'c) CuL..l<!:!J0T1..:( c>,.J O~c:.,r;.t3.
?'" UfJv'C- L/ l/ /=-0 ) ';,; CL~ l.(j~7L Fo /L ~ 7 Yc'791e...s
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1A f11Yl rS~ L.F:: IE fY) ~ '1 L...rf)
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&Jilt 'cUI- w () td..LJ
'T1fr;- t1 B:./:"SSr;-<Y /; /tlt:- .
4, Why do you want to serve on this Board?
-rlh's w () fA /...D ~ /<IJ V/06 fYJE
o ffJo,e.7Zt,uj" 7Y 70 cSc1<-//E
U;77I- /l-,J
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R.pa;m:~D
(J(~ r ~ 9 1998
GITV CLEiir< D;~pr
t/ ',".
Archileclure
Spencer and Jonnatti Architects, Inc.
1661 Elst Bay Drive
La rgo. Aorida 33771
813 1585.ARCH
FAX 813 1586.2526
Inlerior Design
Planning
\jarch@aol.com
www.sjarch.com
January 5, 1999
Ms, Cindy Goudeau
City Clerk
City of Clearwater
112 S. Osceola Avenue
Clearwater, Florida 33756
p.F:n~r.VED
.JAN 08 1999
CITY GLJ.:R~< D;:pT.
Dear Ms. Goudeau,
Please accept this letter confirming my desire to be considered for appointment
on the proposed "Community Development Board".
I have been a resident of Clearwater for over 13 years, and am a business
owner and present member of the city's Development Code Adjustment Board.
My business, Spencer and Jonnattl Architects, Inc., was awarded Clearwater's
"Small Business of the Year" in 1994. After 9 years in Largo we will be
relocating to the City of Clearwater In March of 1999.
As an architect I have a vested Interest in the planning and design of our built
environment and have followed the development of the Community
Development Code closely.
I would welcome the challenge of a position on the new board.
00: Mike Roberto I City Manager
Ed Hooper I City Commissioner
M COOIUS
1995 Blue Chip Enterprise A ward
Members of the American Institute of Architects
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February 18, 1999
. City of Clearwater
112 South Osceola Ave.
Clearwater, Florida 33756
Dear Mayor and Commissioners:
. I, Jonathan Wade am very interested in volunteering for the Community
Development Board. I have contacted the Clerks office and submitted the
. necessary paperwork.
Thank you in advance for any consideration.
Sincerely.
I'
J;~
Jonathan Wade
cc: City Manager
City Clerk
taOd
"~alt.!.. gtov :E t B
3snOH 3d~S tg:9t t~~ 66-Bt-a~~
. ...............
. " ~
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident) .
Name: Jd~6+hatJ R. WQ~
"c..bremproyer: 5li-rE!-/voJe
Other Work Experience:
~ u- ~ s-kov- C-L a..~ J O~ -fur
'. I
~ .......v'I s-e../ r:.rv , T lA.. (,J..Ji~
(
IJro b~ o..f;h c... q..r--/
I ~ ..., ~ .:J /)';"""""h~ ~,,\4
)Jrrrn..... 6:, ~ r.u c.? (j J 1550 ( i a ~ ~ .
./
V I-~ C~lc..:...r , >er-v-L Qy\. ~'A- BlJkIs
r /
Home Address:
--90<6 Pet-,:) lJSlj\ VOrl" <:k ~J..SL
C2-l e.o.xu.Jo..~ 1L Zip ?-,.? 75'S-
Telephone: 7;L 7 t.f to I ~ d- 9 I
How long a resident of ClealWater?
Occupation: ~
Field of Education:
(Y1 (j 5.J<v. f FrtJyY'l U, Sou fL FL
1/1 Sa C J a)J tJ:'Y Ie
If retired. former occupation: It) 14
,-
Community Activities=Jti:sf fr c 5 f cL..-.)
PoJ~ ~ .... ~ r '-l.x.:..-.- 8D<. cd
Other Interests:
Office Address:
'to I J-.), is ~ ~ . Ll-.:J
C o...r u..J c.. ~ Zip
Telephone= -;:;1. 7 tlt(;2.. - 00 S 7
.'
:S~7\5"
Board Service (current and past)=
~/11~ 13./4-752rn- 8Dfi.rr)
}lPu~ (fa. 'I J {fJ1/wr5 76 u ,;::;ra:}
Additional Comments:
Board Preference=
t )JA }-)/J13
;2, &rnm lAJ1 ' 7
14~J!JhwAI- &./d
,
Signed:
Date= ,:2... f..... 97
See attac ed list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department. P. O. Box 4748, Clearwater. FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
"
';,.
'FEB. 9.1999 11:51~rl
. ~ ~~ .~~~ ....~
a.~\ill1TER C S TI( Q..ERI,(
813 ~ 1.tJae. Pr~~02
Nama:",....
Home Address:
J #7? &, s-f: "fl/Jfre PI?'#" !
C 1tf?~WA1jL< lJp q37t7
TeJePhone:tt"7) l/J/7,OI61 ~
How fang a resIdent of Clearwater?, I ~ 1/{~~
occupa1l0n:~/e IkJ/t.IDIIW~-r ~,
Fiord of EducatlDn:
AS.. --dNAI##' (Jf s: PJ._ "'11'173
-
~ -
Empl0yer.~J'11hkx e"tJl? - A,'lt 5~ ,fck;;J,
other Work Experience: ' Iqrl"' rll~'f..
J;'-ps. eJnf'IPjlJ '1 tuliPP'Prf e,!j&.
_(lJdJt/t,1 wifA C~fl{h!. tNlflflj'5 IlVI/i)";"?
('()A1lt1fJltd ~ L ft'ttV"Js lI~qilli!' 1;~. ~11f"
-
If retired. former occupatJon:y
community Activities: /hl/J'/;"~ B(.A 8; ~ r1y (rl tllQAtIJ4lf;J
Other IntereGIDV"f1",ft k,f,"'7 ~
Board Servloe (current and past):
"',Jf/ff",f mfl'J 6~R. OCAB
!Iff..
,
I!.o/f,nrf fJf ~.. 1e4J1([l( b(1'i~
, T '
. Board Preference:
If/11V -_.. 'a~17)l1Jtr,;rIj {Jt.v, ,g(Jql'{i'
11I1"1
Additional Commenb;
o BtB;-4 1Pf
See attached Ust for boards that require Finandal Dlaclasur& at time gf appoJn1ment.
Please return thls appllcatfon & board queationnaire for each board listed to;
City Clerk's Department. P. O. Box 4748. qlearwater. FL 337SS-474B or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenues .
TOTAL. f'. e~
-
"
\e- ~~
\i
CI1Y OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: Douqlas L. Hilkert
Home Address:
2227 Habersham Drive
Office Address:
Telephone: (777) r;?~-14'H~
How long a resident of Clearwater?
Occupation: Attorney
-~ '.
FIeld of Education:
4~ years
2557 ~ur8erv Road, suite ~
Cle:G'lJ."wa ter. FL Zip 33764
Telephone: (727) 507-9559
(25 plus in pinellas County)
Employer: Douglil'i1 L l-Ii 1 kert P tI,
Other Work Experience:
Clearwater, FL
Zip 33764
B.A. souehern.Nazarene University
J.D. Stet~~u univereitv C~11ea9 of Law
If retlredl fanner occupation:
Community Activities: Chairman Planning and zonin~ Boardl Vice-Chairman
~h~r~pr RP.V~A~ ~nmmi~+.~~
Other Interests:
Board Service (current and past):
p &: z
Board Preference:
CDB
Charter Reviaw
Additional Comments:
Signed: :JJil
Date:
February 15, 1999
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this apprication & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748. Clearwater, FL 33758-4748 or drop off at City Hall. 2nd
Floor, 112 S. Osceola Avenue
10/113 ;39\;.1d
!~~lIH '1 S\;.119nOQ
6LL6-L13S-LU
LO:9T 6G6!/srlzo
I
--- lAI7
-
02-15-1999 OH53PN FRDN Florlda Design Consultnts TO
5624086 P.el2
'.. .
re. d- 9
CITY OF CLEARWATER ~ APPLICATION FOR ADVISORY BOARDS
(must be ClealWater resident)
Name: Edward MaZur, Jr.
Home Address:
136 Marina del Ray Court
Office Address:
2639 McCotmick Drive
CleaIWater, FL
Zip 33767
ClMJ:Water, FL
Zip 33759
Telephone: (727) 595-1769
How long a resident of Clearwater?
Occupati'o~: Conaul1:ant
Field of Edu~tlon:
Ci vil Engineering - BSCE 1969
tJn.1.versity of Texas
Telephone: (727) 724-13422
26 Years
Employer: Florida Desi~ Consultants, Inc.
Other Work Experle.np:e:
Consultant ... 1l:171 to present:
u.s. A1:Itq - 1969 - 1971 <.:orps of Engineers
if retired, former occupation: N/A
Community Activities: Sartana +/-6 YearS, Leadership Pinellas, Leadership 'l'arrq,a Bay
Paint Your Heart out CleaJ."Water, etc. .
Other Interests: Flying {'Private Pilot's License}, Fishing
Board Service (current and past): Board p'raference:
Planni.n2 & Zoning Eoaxd 1.992-J;resent Cc;mmmity' Develq:mmt Boazd
Planning & Zcaing Board +/-1982-1987
Marina Advisory Board
Additional Comments: Menber of Envirt11JIEIltal Advismy Ccmnittee for +/-2 Years
Signed:
Dale:
2/15/99
See attached list for boards t t require Financial Disclosure at time of appointment.
Please return this applicatio & board questionnaIre for each board listed to:
City Clerk's Department. P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue .
TOTAL P. 02
Sent By: FIGURSKI&HARRILLj
727 942 3711j
Feb.16.99 9:51AMj
Pago 2/2
,~_ d..1
CllY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be CleslWster reefdent)
Name:
Gerald A. Figurski
Home Address:
2975 Eegle Estatcs Circle West
Office Address:
2435 U.S. Highway 19. Suite 350
~.....
Clearwater, FL
Zip
33761
.
lIoliday, FL
Telephone: (727) 942-0733
ZlD 34691.
Telephone: (727) 797-0087
How long a resident or Clearwater? 16 veers
OccupatIon: Attorney a t Law
Field of EducatJc;n:
Employer: Figu['ski & l1ardll
Other Work Experience:
J.D., Unlv~r8ity of Akron COliege of Law, 1974 Pasco County Attorney - 1978-1982
1969
H.A. in Political Science, Kent Statc University AS5istant pinellas County Attorney - 1975-1978
1966
p"A. in Political Scienc~~Kent State University poliee Prosecutor/A5sls~aDl City SQlicitor,
Massillon, Ohio 1974-1975: ASRLst.Ant Professor
If retired, former occupation: H(A (If Political Science, Kent State Univer:Bitv -
Stark - 1969-1974
Community ActJvltles: Pre8ident~Elect. Cle~rWf\ter Bllr Al!Isociation. 1998-1999
President, UPARC FoundaLion, 1994-1996; Chairman, Countryside Country Club Board of Governors.
1908 ~nd 1991 .... ~
Other Interests; A Golf nnd teQ)lis
Board Service (current and past): Board Preference: '
Planning & Zoning Board, 1997 to present*
Ghnrter Review Committgo, Chairmao, 1994
Community Development Board
.
-
*Vico Chairmen. 1~98 to preaent
Additional Comments: Serving on this new board implRmenting t~1l new COllll'llunity Pevelopment
Code would be challansing. enjoyable aDd an honor.
Signed:
~~
See attached list for boards quire FtnancJal Disclosure at tlme of appointment.
Plesae return this sppUcaUon & board queoUonnaire for each board listed to:
City Clerk's Department. P. O. Box 4748, ClearwaterJ FL 33758-4748 or drop off at City Hall. 2nd
FfoorJ 112 S. Osceola Av~nue
.J
Date:
;
.
-
02t16/99 11$ 16:36 FAl 127 ~~7 091~
M1~RS 'PLISKO ARCHITECTS
l1J002
re. ~Cf
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOAf{DS
(must be Clearwater resident)
Name:--A Le>f P'-J'St~o. JiZ..,
or
Home Address:
_" 7o(p ()AI'1 AV
bt..t:M J,.(.l.ATefl. Zip ~;7~('...
Telephone: 4tH .. 804/
How long a resident of Clearwater?
Occupation: AIf(;~ ,-ree::,.-r
Field of Education:
8A. &H Pt.oR. 0': At!.I:.I-f / 1lI6Tt( (IJ!t
.
'ICAc;,.rfL;6P 2.1 Y~"7 Ii-{.
1JttS Clff of c"tEAJ2.WAiSfl...
If retired, former occupation:
Community Activities:
Office Address:
[;00 P~61J.J -s-r-
~~wA7/;1..fl- Zle ~37~~
Telephone:_4-tdl-oo ?o
27 "ieAfl..$
Employer: MY6P.~ Pt./CfJXO M.cJlJree.r;.
Other Work Experience:
Other Interests:
Board Service (current and past):
JJe~/~AJ f( e.U (t;W .... Co WA./1....vr-
f)t:A~ - /OYeA/tS
/{Qc.lS/AJt; $oAtl.O - 4- Y8M?
Additional Comments:
Board Preference:
.t:bMMlII "',7"1' a VIJI.Pf MaN",- ~o
Sigr}ed:
~C?~IJ.
/
Date:
2-10 -If'!
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4746, ClealWater, FL 33758-4746 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
. ,~ . n; -. ~l ~ .
FED-1S-99 03:03 PM Kur~ GrQ~ Ar.o.vH.QI~h
FEV-17-1999 lal3~
CLEFRJ:lT ER t'1 1'( o..ERlt'.
e13 442 1312
813 !Q2 41086
P.02
\~
~q
I '
I
! .
I
I
,
P.CIJ4/D1D
CITY OF CL.EARWATER - APPLICATION FOR ADVISORV BOARDS
(mu9t be Claarwater Mllde"t)
Name:
Home Address:
~l~.s ,So\-,
. C\ (0 a...r.UJn.A~-er . .~ID ~,., i'~
Telophono:_~2..,.. O~ 1 ~ ~ 1
Hl)W long a rOBldenl Q'Clearwat$r?.....lifili.V\~
Oocupatlon:
Fltdd of EducaUon:
~. 'Ztx>1 ~"'f J 12l1\ hI. ~ 1=-lc?.
~40.cln.~~~~~&L-
~
..,-
OffIce Addruc:
~
ZJp
Telephone: ---
("&(, Y~9flo. '). .
Ernployer...... _ J ..........-
Other Work Expertence:
_~I1.~e.r, rec"u1~~
~ t) l..u.n.Ye ~ r p p 4A l.\.r l),^-S
It retired. former occupallon: ~ "....-- .
CommunIty Actlvltles:j(,ir~. ~ut\~tn'" I,.e~~ rl~ (\l~-bc.u" "~~J !
.CJ1 ' ~\r..o'i\MJU\~ M~..tw~l,3rd.:
. 1I~.nft:'L I
O1her lnlereet$~~ I-blltJ~ <<Y\ \r~ J bQ~ ~~qI'''~ ~
Board Service (current and post): Board Preference:
..F 'l\l' fOV\ft..U\~;,01'"1-~~ _&IM.I\\II ~~~.bw.e.lAp M.ef\-'" ~"'P r&
1~t'I!f\~i.,,4~ {~'\{k ~ _
.._._~rt~.~~
Ad ditto mal Comments:, _ ~~ A~ 11 \ '~D~ MLM.\o~ ~ 4;, (\JlMMt1~H~ .
...,... ..hLtllIl~l.. ,^",^ 1'1 \ I I
.J,..o..~ ~ ~WU\o\"t9r ~'leW ~ Ii" tJ.D.l~bf....!Ld.u.t~.
I .
Slgn.d:~.. Cale: ~1'7/'U : .
See pn.~Ohed lIet for board; 1hat require Flnancl~\ Olecloaure at time of apJ'lolntment,
Ploaso return this applloatlon & board que$tlonnatre for eaoh bD~Jrd listed to:
City Clerk's Dopesrtment, P. 0, Box 4748. Cloarwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S O&coola Avenue I
$
I'
FED-18-99 03:03 PM Ku~~ Gr~v Ar7osvH.QI~h
813 442 1312
P.03
FE8-17-199S 10131
CLW~TEF. CIll' C1..EIO'Y.
iU 562 &lOii6 p.ro.lleo~
I
r
I
I
j ,
BOARD QUeSYlONNAJRE
, I Wh,\ I, your IJndllr;landing or tho board'. dU11ea Dr\d rttlpOnalbl!ltiot?
~ ~~.t ~~ ~~ Cr~ P~'\j ~
~Sitr' ~. ,.,...,t) (,\4 ~ tLd ~s II:454u:- -Uu_ olllht::
..lALl~\ML6t..~ . ~~.
L~.IlII'~b.A..
2. Hive YOU lIly.r obllrved I board rn..,lng lIther In porion or on C.vll\w, the
Cltv', TV GUl110n 1
-'t~
-L'I1
......~-
I ,
- f..........
i .
;
!
I
I
3, What bDo\(grou"d and/or quellfloatlon, do you have that yOU feol would qualify
you to serve on thIs BOelrd?
-6~ ($ ;5€t'"\I'\tf. ~.~"lf&Tl~iJ.M_~.__
t$oott1 t t1. H~~\U f)t u.~~ ~ ~t~ t\f~
""'J.UU:~_4.u'f-J=o-~~ ~r&,.*k .. ~..I "~bJl'\tf& C1\,
~~~~;;;::k.
I
'J
4, Why do you wanl to serve on this Board?
~ AJAA \trli:lJ..n&.J:r..J \Y'. ~ P.IJ'M_:i' f14L.-':: \\\. -\\\t f~'U
~ ~f'Iw~~ &n- &.lor Q.IM^IAJ."~ ~\J~~. L
(Jiu.. ~MtY-.-\:o ~ ~l ~~d.u.JI.-Lt'-\.o ~4.
~~~+-e.~ ~.
Narne:~~t~t~ ~1l1
Board Namo:
$
TOT~ P. 003
{t., _; c ~ . < ~' h ~, >
.....---.....'-~_. -
\<L a q
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: &0 //;/(f/11 J. /J1 t:'C4"u ~. pC-
,
Home Address: Office Address:
/5b 3 Tu;E'lJete. srtef5ct /~27 Sa. fi1{Jf!.,LG'" Ave.
.CleAteWA-~ ~l FL Zip 3376'1:, C!.LCPrILWIi7~ FL Zip 3375c6
Telephone: 7Z7 - t+ c( '3 - 7~ (..t;) Telephone: 727 - SK't- <;1/ ~ I
How long a resident of Clearwater? 51;2- tje4 is
Occupation: PtfDFtsSSIo,t./A L EJ.J(f;/J.Jt5-t::'ie. Employer: 1-1" w. C... E AlG oJ6"6.e/AX;, / u c.
~ PU9A..1AJ~~ -
Field of Education: Other Work Experience:
L!, VI L ;- STtf.Llcrt.J.eA~ G..;~/~~JJ&
~/Tl t tPEI'/e~"tJ,- A,t3A/"..}/AJ'tS-
If retired, former occupation:
Community Activities: c,I-IAJR.r~pd. ~E~/6P KEVJe;"H.,..o' 13oJliteo Clr'f1c!/.Al.
j::~ f)tJe1..J-h> Cu~ 73';~7iFIJL,) ~o,.geo .of DIee-c.7~'S 0/ tJ
Other Interests:
Board Service (current and past):
V€iS(&~ KISVIE:L1../ 'J3D~160
Board Preference:
CoMMVI./1T1 -oevBUJI'1YJcrlJ7 ~F:JKP
Additional Comments:
Date: r....~ /1 )111
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue ~ P: .f1 E X '\' E D
FEB 1 7 1999
CITY CU~;::< DEPT.
. , ..
.' .
, .
WILLIAM J. McCANN, P.Eq P.P.
L1cenllcd ProreMtonal Engineer and I'rorculonal Planner
1563 Turner Street
Cleanvatcr, FL 33756
727-443.7660
BACKGROUND and PROJECTS
CMC
1
~
~.
Chairperson - DesIgn Rev1ew Board - City of Clearwater, FL
Board of Directors - Keep PlneJlas County Beautiful, Inc.
Member - Planning Board - AtlantJc Highlands. NJ - 1977.78
Member - ZOning Board - AtlanUc Highlands, NJ - 1975.76
PROFESSIONAL LICENSES
~. .
"
. Professional Engineer - Florida - 1996
Professional Engineer. New Jersey - 1972
Professional Engineer - New York -1972
Professional Engineer - Pennsylvania - 1974
Licensed Land Surveyor - Pennsylvania - 1980
Charter Member - American Institute of Certjfjed Planners - October 1978
CertIfIed by examination AICP
Professional Planner - New Jersey - 1972
EDUCATION
Master of City & Regional Planning - Rutgers University - 1978
Bachelor of Engineering (C~v11 Engineering} - Manhattan CoHege - 1967
RELATED WORK. EXPERIENCES and DESIGN
Comme:rclal
Carnegie Center - Planned Unit Development - 550 acres - 3.3 mUllon SF Planned Corporate Headquarters
Office Park, 350,000 SF Commercial retaH, 900 multi-family residential units
Market Fair at Meadow Road Shopping Center - 350.000 SF
Gateway Shopping Center - 225.000 SF
ptvIL and SITE DEfiIGl\f
Planned Unit Developments, Planned Residential Developments, Single Family, Townhouses,
Condomiums, and Garden Apartments, Retirement Communities.
Subdivisions and SUe Plans for office buildings and shopping centers
Site layout. grading, earthwork quantities, railroad track design, utility services.
Drainage systems, detention and retention basins, Infiltration and exfUtratlon systems.
Sanitary sewerage systems. collection mains, Uft stations, force mains. regional systems: interceptor
trunk lines. pump stations, force mains and package treatment plant designs.
R~nEIVED
FEB I 7 1999
.........
.. .
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Item #31
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RESOLUTION NO. 99~14
A RESOLUTION OF THE CITY OF CLEARW A TER,
FLORIDA, ASSESSING CERTAIN REAL PROPERTY
LOCATED IN J. J. ELDRIDGE SUBDMSION,
CLEARWATER, FLORIDA, HAVING A POST' OFFICE
ADDRESS OF 1008 RAILROAD AVENUE, CLEARWATER,
FLORIDA, AS DESCRIBED MORE . PARTICULARLY
HEREIN, IN THE AMOUNT OF $2,507.00 FOR THE COSTS
OF DEMOLITION INCURRED IN REMOVING A
DANGEROUS STRUCTURE WITHOUT THE CONSENT OF
OWNER.
WHEREAS, pursuant to Chapter 47 of the Clearwater Code of Ordinances and the
Standard Building Code, the Building Official detennined that certain real property described
herein and the building situated thereon were unsafe, unsanitary, unfit for human habitation, and
dangerous and detrimental to the health, safety, and general welfare of the community, and did
not properly comply with the requirements of said Code, and found that an emergency existed
which, in his opinion, involved danger to human life and health, and ordered the demolition of
the building; and
WHEREAS, the City of Clearwater has caused the demolition of the building, and the
cost of such work should now be assessed as a lien on behalf of the City of Clearwater against the
property; now, therefore,
BE IT RESOL VEn BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The Building Official having ordered the abatement of the unsafe building
situated on the following described property:
J,1. ELDlUDGE SUBDMSION, BLOCK D, LOT 41
(parcel Number 09-29~15-25542-004-0410).
Owner of record:
OPHELIA BLUNT
1451 DREW STREET #4
CLEARWATER, FL 33755-5211
and tbe City of Clearwater having now completed said work, the City Commission does hereby
assess and charge a lien on behalf of the City of Clearwater against the property for the necessary
costs incurred as follows:
Resolution No. 99-14
" .'
TOTAL DEMOLITION COSTS
(See Attachment n A It)
$2,507.00
Section 2. As soon as practicable, a Certificate of Indebtedness against the property for
the amount of assessment shall be prepared,. which certificate shall constitute a lien prior to all
other liens except the lien for taxes. Said certificate, when issued, shall be payable to the City
. " with interest at a rate of eight percent (8 %) per annum.
Section 3. The City Clerk is hereby directed to prepare a Notice of Lien in the amount of
the assessment against said property t and to record the same in the Public Records of Pinellas
County, Florida.
Section 4. This resolution shall take effect immediately upon adoption.
.. ,
PASSED AND ADOPTED this
day of
, 1999.
Attest: .
Rita Garvey
Mayor-Commissioner
Approved as to form:
Attest:
'::--- C~--::>-
10hn Carassas
Assistant City Attorney
,
~
Cynthia E. Goudeau
City Clerk
Resolution No. 99-14
"\a. '",'" :~. ,. I '. t.l. ~ Iii '.'. . ..... ,
o .... ,.. ,I,!;: '. -,t. ".
..< ". ,.(.
ATTACHMENT uA"
RESOLUTION NUMBER 99~04
1008 RAILROAD AVENUE
. CLEARWATER, FLORIDA
TASKS .
Pinellas County Records - Ownership
Correspondence, Telephone Calls, Site Visits
Purchase Requisitions, PaperwC'rk
Photographs, Documentation
TOTAL HOURS SPENT
. .
.,
EXPENSES
9
AMOUNT
9 Hours @ $25.00 per hour
Title Search - Fidelity National
Apsestos Survey - Occupational Health Conservation, Inc
Absestos Removal - Lang Engineering of Florida
Monitoring
.i
Postage - Certified and Regular Mail
Photographs - Film, Developing, Prints
Demolition
TOTAL EXPENSES
225.00
50.00
N/A
N/A
N/A
16.94
14.84
2,200.00
2,506.78
. I LIEN AMOUNT
$2,507.00 I
Resolution No. 99-14
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RF..50LUTION NO. 99.J5
A RESOLUTION OF THE CITY OF CLEARWATER.
FLORIDA, ASSESSING CERT AlN REAL PROPERTY
LOCATED IN LOT 7. BLOCK 4, JONES SUBDIVISION,
NICHOLSON SUBDIVISION , HAVING A POST OFFICE
ADDRESS OF 605 HART STREET, CLEARWATER,
FLORIDA, AS DESCRIBED MORE PARTICULARLY
HEREIN, IN THE AMOUNT OF $1,665.90 FOR THE COSTS
OF DEMOLITION INCURRED IN REMOVING A
DANGEROUS STRUCTURE WITHOUT THE CONSENT OF
OWNER.
. WHEREAS, pursuant to Chapter 47 of the Clearwater Code of Ordinances and the
Standard Building Code, the Building Official detennined that certain real property described
herein and the building situated thereon were unsafe. unsanitary, unfit for human habitation, and
dangerous and detrimental to the health, safety, and general welfare of the community, and did
not properly comply with the requirements of said, Code, and found that an emergency existed
which, in his opinion, involved danger to human life and health, and ordered the demolition of
the building; and
WHEREAS. the City of Clearwater has caused the demolition of the building, and the
cost of such work should now be assessed as a lien on behalf of the City of Clearwater against the
property; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The Building Official having ordered the abatement of the unsafe building
situated on the following described property:
Lot 7, Block 4, JONES SUBDMSION, NICHOLSON SUBDMSION,
Section 9, TWN 29, RGE 15.
(parcel Number 09/29/44352/004/0070)
Owner of record:
Thomas and Elizabeth Floyd
1471 Fairmont Street
Clearwater, Florida 33755-2573
and the City of Clearwater having now completed said work, the City Commission does hereby
assess and charge a lien on behalf of the City of Clearwater against the property for the necessary
costs incurred as follows:
Resolution No. 99-15
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TOTAL DEMOLITION COSTS
(See Attaclunent t1 A ")
$1,665.90
Section 2. As soon as practicable, a Certificate of Indebtedness against the property for
. the amount of assessment shall be prepared, which certificate shall constitute a lien prior to all
other liens except the lien for taxes. Said certificate. when issued. shall be payable to the CitY
with interest at a rate of eight percent (8 %) per annum.
Section 3. The City Clerk is hereby directed to prepare a Notice of Lien in the amount of
the assessment against said property, and to record the same in the Public Records of Pinellas
County, Florida.
Section 4. This resolution shall take effect inunediately upon adoption.
PASSED AND ADOPTED this
day of
, 1999.
Attest:
Rita Garvey
Mayor-Commissioner
Approved as to fonn:
Attest:
S:c~c;'~
John Carassas
Assistant City Attorney
Cynthia E.. Goudeau
City Clerk
Resolution No. 99.15
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ATTACHMENT uAn
RESOLUTION NUMBER 99..15
605 HART STREET
CLEARWATER. FLORIDA
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Pinellas County Records.. Ownership
, Correspondence, Telephone Callst Site Visits
Purchase Requisitionst Paperwork
Photographs, Documentation
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TOTAL HOURS SPENT
12
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AMOUNT
EXPENSES
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. 12 Hours @ $25.00 per hour
. Title Search.. Fidelity National
Absestos Survey - Occupational Health Conservation, Inc
Absestos Removal - Lang Engineering of Florida
Monitoring
Postage.. Certified and Regular .Mail
Photographs.. Film, Developing, Prints
Demolition
300.00
50.00
N/A
N/A
N/A
6.82
29.08
1,280.00
TOTAL EXPENSES
1,665.90
.1 LIEN AMOUNT
$1 ,665.90 I
Resolution No. 99-15
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33
ORDINANCE NO. 6392-99
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AN ORDINANCE OF THE CITY 'OF CLEARWATER,
FLORIDAI RELATING TO SOLICITING ON STREETS;
AMENDING SECTION 28.041, CLEARWATER CODE OF
ORDINANCES, TO PROHIBIT PERSONS FROM
APPROACHING THE OCCUPANTS OF MOTOR VEHICLES
BEING OPERATED ON PUBLIC STREETS TO SOLICIT
MONEY. PROPERlY OR EMPLOYMENT; PROVIDING A
DEFINITION OF 'PUBLIC STREET'; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Department of Highway Safety and Motor Vehicles of the State of
Florida, as of July 1, 1998, has provided 638,556 currently valid decals for motor vehicles
in Pinellas County; and
WHEREAS, Pinellas County is the most densely populated county in the State of
Florida; and
WHEREAS, the orderly flow of motorized traffic is a major concern in congested
urban areas, particularly because an obstruction or delay in traffic at one point along a
traffic artery results in delays and backups far down the roadway; and
WHEREAS, a public safety hazard has been identified with persons approaching
motor vehicles to solicit charitable contributions, business, or employment from the
occupants of motor vehicles being operated on public streets in Clearwater; and
WHEREAS, unlike the oral advocacy of ideas, or even the distribution of free
literature, successful solicitation from drivers distracts them from their primary duty to
watch the traffic and potential hazards in the road, observe all traffic control signals or
warnings, and prepare to move through the intersection because the individual is
required to respond to the solicitor by, for example, searching for currency, passing it
along to the solicitor, securing any change returnedl replacing a wallet or closing a
purse, and then returning proper attention to the full responsibilities of operating a
motor vehicle; and
WHEREAS, there are numerou's and diverse methods of soliciting available in
the city that provide ample alternatives for solicitation I inclUding soliciting pedestrians
on the sidewalk, canvassing door.to.doorl telephoning individuals, or direct mailing; and
WHEREAS, the Ordinance is narrowly aimed at the disruptive nature of soliciting
the occupants of motor vehicles being operated on public streets and is not intended to
restrict the communication of ideas, including the distribution of free literature to
Ordinance 6392-99.
. , , ~ . . . ..' .'
;-
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occupants of motor vehicles or even the solicitation of the occupants of motor vehicles
that are lawfully parked; and
WHEREAS. failure to restrict solicitations of the occupants of motor vehicles
being operated on public streets will endanger the health. safety. and general welfare of
the public by permitting unsafe pedestrian movement within travel lanes. sudden
stoppage or slowdown of traffic. rapid lane changing, turns. and other dangerous traffic
movement, increased vehicular accidents. and motorist injuries and fatalities; now
therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER. FLORIDA:
Section 1. Section 28.041, Code of Ordinances, is amended to read as follows:
Sec. 28.041. Soliciting, collecting, etc., upon streets.
(1) No person shall approach a motor vehicle being ooerated on a public street open
for vehicular traffic ct:md or '.valk on tho pavod portion, or upon any unp:lved portion
between the right of way boundary line~, of tho right of "..':lV of any public stroot '.vithiA
tho juriGdiotion of tho city for any of the following purposes:
(a) Soliciting or attemptinq to solicit donations of money or of property of any kind for
charitable, religious, educational, benevolent or any other purposes from any tRe
occupant of the any motor vehicle being operatod upon a publio str{let within the
juriGdiction of tho city;
(b) Collecting or attempting to collect donations of money or of property of any kind for
charitable. religious, educational, benevolent or any other purposes from any tRe
occupant of the €lAY motor vehicle being operatod upon a publio stmot w~A-tAe
juricdiction of the city;
(c) Soliciting or attemptino to solicit emplovment or the purchase of property or of
services of any nature whatsoever from any by tho occupant of the aRY motor vehicle
being operatod upon a public ttreet ....'ithin the jurisdiotion of tho oity:;
(d) Selling or attempting to sell property or services of any nature whatsoever to an')! tRe
occupant of the aAy motor vehicle ~ng operated upon :I public stroot '.\lithin the
Juricdiction of the Cit).L.
(2) For the purposes of this section public street means those publicly-owned streets
upon which the public has the right to travel by use of a motor vehicle. includinQ the
travel lane of city-owned garages and parking lots. ~
(a)-P:1ved meanB--improved for motor vehicul:lr. bisycle or pedestrbn troffic. The term
ffiGfudes improved ro3d\NOY&. bicyclo p3thc and &idoll.'alks.'
(at Right sf way boundary Hnos moanG tho perimeter of tho right of way of a Gtreet. At
any location wher-o curbs, Gidewalkt. bicycle paths. or any combination thereof havo
boon iRst:lllod. it thall be presumed that the curb OF tho outer edge of tho &idewalk OF
Ordlnanco 6392.99
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I:$yolo p:Ath. whichover Iii most distant from the centorline of tho Etroot, if> on the
perimoter of tho right" of way..
~ Stroot meant 0 street, FOnd or highway OF othor way. however designated, upon
, whioh tho publlo hot the right to travel.
Section 2. This ordinance shari 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
Ordinance 6392-99
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PRELIMINARY AGENDA
Clearwater City Commission Worksession - 9:00 A.M. - Tuesday, February 16, 1999
Service Awards
Convene as Community Redevelopment Agency (CRA):
1 . Call to Order
2. Approval of Minutes: 1/1 9/99
3. Approve payment of a parking incentive to the parking system for Wakely & Associates, Inc.
upon demonstration of certain performance standards for total of $40,000 over 7 years
4. Provide direction re DDB's request to be relieved of all future obligations to reimburse the CRA
for a portion of the cost of acquiring the property known as the Atrium of Clearwater and Park
Street Garage
5. Assistant City Manager Verbal Reports
6. Other Business
a) Appoint Commissioner Johnson as ex.officio to DDS
7. Adjourn
Convene as Pension Trustees:
1. Call to Order
2. Approval of Minutes: 1/19/99
3. Request for acceptance into membership: Hiep Nguyen, Tim Grosso, Scott Batten, Michael
Vacca, Shirley Kennedy, Kathryn Collart, Kerstin Wilson, Almedina Imamovich, Kenneth
Schuffert, Steven Katches, .Sinta McCall, Harry Kaferlein, Robert Hays, Louis Lopez, Daron Green
& James Cooper
4. Regular Pension(s) to be granted: Randy Costenbader, Anthony J. Wilhelmi, Amos Green &
Josephine Dixon
6. Pension(s) to be vested: Joseph W. Reilly, Jr., Sabrina Chute, & James L. McCulley, Jr.
6. Contract to PricewaterhouseCoopers LLP for actuarial services for Employees' Pe:nsion Plan &
other related services for 3 year period ending 12/31/2001, total cost not to exceed $105,000
7. Discuss procedure to be used to select Pension Attorney Services
8. Other Business
9. Adjourn
Reconvene Worksession
PRESENTATIONS
1 . Phillies campaign
PUR PURCHASING
Cytec Industries Inc., polymer to be used in all WPC facilities, 2/19/99-2/28/2002, est.
$420,000 (PW)
Pinellas Pools, Inc., renovations & repairs to Morningside swimming pool, main pool marcite, filter
modifications, leak repair & installation of new slide, $61,429 (QOl)
Grinnell Corp., 1 st extension, brass water fittings for use throughout City by Water Division,
2/19/99-2/29/2000, est. $60,000 (PW)
PeoploSoft USA Inc., upgrades, maintenance & support of Human Resources/Payroll software,
2/1/99-9/30/2000, est. $186,000 (GSS)
Harley Davidson of Seminole County, five 1999 Harley Davidson police motorcycles, $57,570
(PD)
Gas Solutions, Inc., permitting & gas house piping installation in Gas System north & south
service areas, 2/19/99-2/29/2000, est. $60,000 (GAS)
2/16/99
1
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Wright Brothers Gas Plumbing, permitting & gas house piping installation in Gas System north &
south service areas, 2/19/99-2/29/2000, est. $60,000 (GAS)
ED ECONOMIC DEVELOPMENT
1. Approve parking incentive for Wakely & Associates, Inc., in the amount $40,000 from the
parking system; authorize parking system to guarantee up to 50 spaces in the Garden Avenue
Garage (Consent) ,
GS GENERAL SUPPORT SERVICES
1. Contract to Kaiser Pontiac-Buick-GMC, Inc., one GMC Sierra 3500, one-ton truck chassis-cab,
4x2, with utility body, $21,685; funding to be provided under City's Master Lease-Purchase
Agreement (Consent)
SW SOLID WASTE
1. First Reading Ord. #6391-99 - Restructuring Solid Waste Ordinance, requiring dumpsters to be
removed from view from thoroughfares or screened, requiring residential refuse containers to be
removed from the curb and stored from view, and providing a penalty for non-compliance,
requiring lawn and tree maintenance contractors to remove and dispose of the debris from their
work, transferring authority from Department of Public Works to Department of Solid
Waster/Recycling
PLD PLANNING & DEVELOPMENT SERVICES
1. Public Hearing & First Reading Ords. #6387-99 & #6388-99 - Annexation & RS-8 Zoning for
property located at 1329 Fairmont St., Pine Ridge, Blk A, Lot 2 (Oetrano Pine Ridge land Trust /
Charlie Harris, TRE, A99-01)
2. Public Hearing & First Reading Ords. #6389-99 & #6390-99 - Annexation & RS-6 Zoning for
property located at 3006 Grand View Ave., Kapok Terrace, Blk G, Lot 13 and part of Lot 12
(Frederic B. & Michelle K. Moreau, A99-02)
3. Variance(s) to Sign Regulations for property (Eckerd Drug Store) located at 501-525 S. Belcher
Rd., Sec. 18-29-16, M&B 32.05 (Ellis and Co., Ltd., SV99-01)
4. Variance(s} to Sign Regulations for property (Eckerd Drug Store) located at 1213 Cleveland St.
(Cleveland Plaza, Ltd., SV99-02)
GAS GAS SYSTEM
1 , Joint Project Agreement with City of Largo to relocate natural gas mains during City of Largo's
Downtown Drainage Improvement Project, est. $75,000 (Consent)
2. Agreement with Florida Gas Transmission for construction of new Gate Station at Mitchell and
Trinity Oaks Boulevard in Pasco County, est. $68,000 (Consent)
PW PUBLIC WORKS
1. Approve contract with Adam Smith Enterprises to purchase fee simple interest in a 0.229 acre
parcel, and a perpetual easement interest in a 0.245 acre parcel, both lying within Trinity Oaks
Commerce Center, Sec. 26-26-16, Sec. 27-26-16 & Sec. 35-26-16, Pasco County, for $35,500
plus est. expenses of $4,980 for environmental audit, boundary surveys & closing costs, total
not to exceed $40,480
2/16/99
2
JI::lII.
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2. Amend Fiscal Year 1998-99 operating budget to add 3 FTE positions in Stormwater Utility to
meet requirements of federal National Pollution Discharge Elimination System INPDES) Permit as
mandated by the Clean Water Act
3. Approve purchase of property,' Magnolia Park Sub., W 114' of Blk 8, from Times Publishing
Company, for $230,000 adjustable based on exact parcel size determined by survey, plus costs
of boundary survey & closing expenses est. at $2,150 for total cost not to exceed $232,150
4. MPO Interlocal Agreement
eM ADMINISTRATION
1. Public Discussion re Pedestrian Component of Beach Entryway (RoundaboutIl2/18/99)
2. Amendment to Siemon, Larsen Contract to add Prime Interest
CLK CITY CLERK
1. St. Petersburg/Clearwater Economic Development Council - replace Seel for term to 4/16/2000
2. (Cont. from 1/21 & 2/4/99) Beautification Committee - 2 appointments
3. (Cont. from 1/21 & 2/4/99) Parks and Recreation Board - 1 appointment
4. Community Development Board - 7 appointments
CA LEGAL DEPARTMENT
Second Reading Ordinances
. 1 . Ord. #6369-99 - Relating to Utilities; amending Appendix A - Schedule of Fees, Rates and
Charges to provide revised rates for Clearwater Gas System, to become effective for all billings
an or after 3/1/99 - To be Cont. to 3/4/99
2. Ord. #6382-99 - Relating to Reclaimed Water Availability and Rates; amending Art. IX, Sec.
32.380; amending Appendix A - Schedule of Fees, Rates and Charges - To be Cont. to 3/4/99
First Reading Ordinances
,I
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1 . Ord. #6392-99 - Relating to soliciting on streets, amending Sec. 28.041 to prohibit persons from
approaching the occupants of motor vehicles being operated on public streets to solicit money,
property or employment; providing a definition of "Public Street"
Resolutions
1. Res. #99-14 - Demolition Lien - 1008 Railroad Ave., Legal {Blunt)
2. Res. #99-15 - Demolition Lien - 605 Hart St., Legal (Floyd)
OTHER CITY ATTORNEY ITEMS
City Manager Verbal Reports
Presentation(s} for Thursday Night
1. United Way 1998 Award to City
Other Commission Action
Adjourn
2/16/99
3
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ONE CITY. ONE FUTURE.
City Attorney's Office
Memorandum
TO:
Honorable Mayor and City Commissioners
RE:
Robert J. Surette, Assistant City Attorney lH~
Ordinance - Solicitation on Streets
FROM:
DATE:
January 25, 1999
On July 10, 1998, the Honorable David Demers signed an order declaring
unconstitutional Pinellas County's street solicitation ordinance. Judge Demers' main
criticism of Pinellas County's solicitation ordinance was that it was not narrowly tailored to
accomplish the purported objective of preventing the obstruction of vehicular traffic.
Judge Demers determined that the ordinance swept too broadly to cover more than just
situations in which traffic safety may be jeopardized. The proposed amendments to the
City of Clearwater's solicitation ordinance will make the ordinance less vulnerable to a
similar attack.
The amended ordinance specifically targets the act of approaching motor vehicles being
operated on the travel lane of city and county streets within the City of Clearwater,
including the travel lane of city parking lots and garages, for the purpose of seeking
contributions or employment from any of the occupants or for the purpose of selling
property or services to any of the occupants. Section 316.2045, Florida Statutes,
regulates solicitations on state-maintained streets.
I will be at the work session on February 16. 1999 to answer any of your questions.
...
1
-nil n
ORDINANCE NO. 6392-99
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO SOLICITING ON STREETS;
AMENDING SECTION 28.041 , CLEARWATER CODE OF
ORDINANCES, TO PROHIBIT PERSONS FROM
APPROACHING THE OCCUPANTS OF MOTOR VEHICLES
BEING OPERATED ON PUBLIC STREETS TO SOLICIT
MONEY, PROPERTY OR EMPLOYMENT; PROVIDING A
DEFINITION OF uPUBLlC STREET'; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Department of Highway Safety and Motor Vehicles of the State of
Florida, as of July 1, 1998, has provided 638,556 currently valid decals for motor vehicles
in Pinellas County; and
WHEREAS, PinelIas County is the most densely populated county in the State of
Florida; and
WHEREAS, the orderly flow of motorized traffic is a major concern in congested
urban areas, particularly because an obstruction or delay in traffic at one point along a
traffic artery results in delays and backups far down the roadway; and
WHEREAS, a public safety hazard has been identified with persons approaching
motor vehicles to solicit charitable contributions, business, or employment from the
occupants of motor vehicles being operated on public streets in Clearwater; and
WHEREAS, unlike the oral advocacy of ideas, or even the distribution of free
literature, successful solicitation from drivers distracts them from their primary duty to
watch the traffic and potential hazards in the road, observe all traffic control signals or
warnings, and prepare to move through the intersection because the individual is
required to respond to the solicitor by, for example, searching for currency, passing it
along to the solicitor, securing any change returned, replacing a wallet or closing a
purse, and then returning proper attention to the full responsibilities of operating a
motor vehicle; and
WHEREAS, there are numerous and diverse methods of soliciting available in
the city that provide ample alternatives for solicitation, including soliciting pedestrians
on the sidewalk, canvassing door-to-door, telephoning individuals, or direct mailing; and
WHEREAS, the Ordinance is narrowly aimed at the disruptive nature of soliciting
the occupants of motor vehicles being operated on public streets and is not intended to
restrict the communication of ideas, including the distribution of free literature to
Ordinance 6392-99
occupants of motor vehicles or even the solicitation of the occupants of motor vehicles
that are lawfully parked; and
WHEREAS. failure to restrict solicitations of the occupants of motor vehicles
being operated on public streets will endanger the health, safety. and general welfare of
the public by permitting unsafe pedestrian movement within travel lanes, sudden
stoppage or slowdown of traffic, rapid lane changing, turns, and other dangerous traffic
movement, increased vehicular accidents, and motorist injuries and fatalities; now
therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Sedion 1. Section 28.041, Code of Ordinances, is amended to read as follows:
Sec. 28.041. Soliciting, collecting, etc., upon streets.
(1) No person shall approach a motor vehicle being operated on a public street open
for vehicular traffic s.t:md or walk on tho pavod portion, or upon any unpavod portiOR
boaveen tho right of W:JY boundary lines. of the right of way of :Joy publio street within
the jurisdiction of tho city for any of the following purposes:
(a) Soliciting or attempting to solicit donations of money or of property of any kind for
charitable, religious, educational, benevolent or any other purposes from any the
occupant of the any motor vehicle being oporated upon ::1 public cfreet within the
juricdiction of tho city;
(b) Collecting or attempting to collect donations of money or of property of any kind for
charitable, religious, educational, benevolent or any other purposes from any tRe
occupant of the aAy motor vehicle baing oper::1ted upon a public street within tho
~rigdiction of the city;
(c) SoHciting or attempting to solicit employment or the purchase of property or of
services of any nature whatsoever from any by the occupant of the aRy motor vehicle
baing operated upon a pUblic stroet 'Nithin the jurisdiction of the city;
(d) Selling or attempting to sell property or services of any nature whatsoever to any tRe
occupant of the aAy motor vehicle being operated upon n public street within tho
. jurisdiction of the city.
(2) For the purposes of this section public street means those streets over which the~c,>e J
citv has original iurisdiction pursuant to F.S. 316.006(2) and upon which the public has rc~~
the riqht to travel by use of a motor vehicle. including the travel lane of city~owned pet d J
garaaes and parking lots. i- h 4 V\ e..:-\
(3) P{J'lGd means. improved for motor vehicular, bicyclo or podectrbn traffio. The term (J u}- Gt
includes improved rond'/Jays, bicyclo p::1ths ::md cidewalks. u.)(:f,.... \~ f!'1
(b). Right of way bDundary Hnos meaAS tho perimeter of the right of w:JY of a efreat. N.
any location where curbc, sidewnlkG, bicycle paths, or ::1ny combin::1tion thoreof have
been inct::1l1ad, it chall bo-pres.umod th::1t tho curb or the outor odgo of tho Gidewalk OF
Ordinance 6392~99
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Ordinance 6392-99
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bioyclo path, whlohaver Is mett distant from the centerline of the 6treet, is on the
, pafimeter of the right of w{JY.
. (e) Stroot meant 0 str~et, road or highway or:- other way, hO'NeVitF designated, upon
whloh tho publio hOG the right to travel. '
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
" .
Attest:
Cynthia E. Goudeau
City Clerk
1 '
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occupants of motor vehicles or even the solicitation of the occupants of motor vehicles
that are lawfully parked; and
WHEREAS. failure to restrict solicitations of the occupants of motor vehicles
being operated on public streets will endanger the health. safety, and general welfare of
the public by permitting unsafe pedestrian movement within travel lanes, sudden
stoppage or slowdown of traffic. rapid lane changing, turns. and other dangerous traffic
movement, increased vehicular accidents. and motorist injuries and fatalities; now
therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER. FLORIDA:
Section 1. Section 28.041. Code of Ordinances, is amended to read as follows:
Sec. 28.041. Soliciting, collecting, etc., upon streets.
(1) No person shall approach a motor vehicle being operated on a public street open
for vehicular traffic st3nd OF walk on the p:wed portion, or upon :my unp:wed portion
between tho right of way boundary lines, of tho right of way of any public etr{)et within
tAe jurisdiction of tho city for any of the following purposes:
(a) Soliciting or attempting to solicit donations of money or of property of any kind for
charitable. religious, educational, benevolent or any other purposes from any tRe
occupant of the aRy motor vehicle boing operated upon a publio stroot within the
jt:Irisdiotion of the oity;
(b) Collecting or attemptina to collect donations of money or of property of any kind for
charitable. religious, educational, benevolent or any other purposes from any tRe
occupant of the any motor vehicle baing operatod upon a publio street .....ithin thG
jurisdiction of the oity;
(c) Soliciting or attempting to solicit employment or the purchase of property or of
services of any nature whatsoever from any by the occupant of the aAY motor vehicle
being operated upon n publio street within the jurisdiotion of tho city;
(d) Selling or attempting to sell property or services of any nature whatsoever to any tRe
occupant of the aRy motor vehicle being operatod upon a public str-oot within the
jurisdiotion of tho city.
(2) For !h~ p'~~?se~.~~~~~is. sec~~~~~~~,~t~e~!!1J.~a~~:!h~~~~W:~~~nl~a ~~:~~Ch *
the public has the right to travel by use of a motor vehicle. including the travel lane of
city-owned Qarages and parking lots. .;.
(a) Paved means improved for motor vohicular. bicyclo or pedeotrian traffio. The-term
ffiGl{:l6eS improved roadways. bicyclo paths and sidewalks.
(b) Right of Yl3Y boundary lines moans the perimetor of the-fight of way of :l street. I'.t
any locatloR-whero ourbs, cidowalks, bicyclo paths. or any combination theroof have
Boon instaJled. it sh::lll be presumed that the curb or tho outer edgo .of tho cidewalk-GF
biGyclo path. whicho'/er is most distant from tho centerlin&{)f tho ctr-eet. is on the
perimeter of tho right of way.
Ordlnanu 6392.99