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09/03/1992/1/1ee?in9 '7 ,? t f ¦ >? f 1 ? L.? ` ...? ?: ?. ;. ,? i. ?. 1 '?+ f 3 ;= k ?. :? ? ?. s?. ; , .' ? ?;; ?, ?. ?? ' , ? ? ?? ?? r: ?? :r ? . _ .H I?:? ;, .yr ! .. i ? z t ? i.; . ;? i. ? V '? . t ??' •i Y ?? ? I S? ? ?? [ i S5 .S `h ?. ?< ;? `.'? t.; 1 ?? ? . 5 . ?, ? f 3 ?: . 4b. p ? 3 ?'• 3'i ?•? ?? ? !J1 f . ?. . `? c ' `?'° t' ? 1'?,' ? ? 1 ?? `r3 7.Si t `4 : T! ?'?f., k• t v' f `. f f'. 1.` ?r i Order of Agenda Packs for 1992 Action Agenda - listing the Thursday, Commission Meeting Date Preliminary Agenda (This is the agenda for the worksession that is held on the Monday prior' to the Thursday meeting) Any items that were "Work Session Only" and any items that did not continue onto Thursday's agenda as in they were "Pulled" off to possibly return at a later date. Some "WSO" items may not have any paperwork, i.e. Discussion - re:...... unless something is handed out. Any information that was received at Worksession Final Agenda - the start of the Thursday meeting "pack" the beginning 7 items are standard: Pledge of Allegiance Invocation Service Pin Awards Introductions and Awards Presentations Minutes of meetings to be approved Citizens to be heard re items not on agenda There may or may not be any paperwork for the above 7 items. The action agenda lists the results of each. Also, items at the end of the agenda (Other pending matters - Other City Attorney Items - City Manager Verbal Reports and Other Commission Action) often have no ' paperwork. Starting with X18 are the Items for the meeting. After each item there may be memos/information that correlate to that item which will be noted as "RE: # ". This information was not actually part of the item, it is not part of the attachments for the item but is information that will stay in the agenda pack to be microfilmed. After some of the items there may be information marked as City Manager Back Up, abbreviated as'CM b.u.. Again this is information that is not actually part of the agenda item but it is placed in the agenda pack. After each item there may be information regarding that item that was handed out at the meeting. This information should have the notation "Rec'v (date)". 4 When looking at an agenda cover memorandum for an item, look at the listing of attachments at the bottom of the page. If something is listed as a "plan" or "manual" this means the agenda item could be many pages in length as that type attachment was probably in notebook form for the meeting with the binder being removed from the original for microfilming. i ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING - September 3, 1992 (6:00 P.M.) r? 1 Welcome. We are glad to have you join us. If you wish to speak please wait to be recognized, then state your name and address. Persons speaking before the City Commission on other than Public Hearing items shall be limited to 3 minutes. No person shall speak more than once on the same subject unless granted permission by the City Commission. 1. Pledge of Allegiance 1. Mayor. 2. Invocation 2. None. 3. Service Awards 3. 2 awards presented. 4. Introductions and Awards 4. Al Hinson, Parks & Recreation Department - 5. Presentations Employee of the Month 8/92. 6. Minutes of Regular Meeting August 13, 5. None. 1992 6. Approved as corrected. 7. Citizens to be heard re items not on the 7. David Abelson, representing the North Area Agenda Council of the Chamber of Commerce, thanked Commission for decision to review need for Countryside Community Center in the coming year. Invited all to attend Countryside Community Center Day 9/27, Noon to 4 p.m. at Misty Springs Park. John Crawford requested Commission consider allowing street vendors. Mitch Harder reported on Clearwater Bombers accomplishments in `92. Requested consideration of $50,000 funding for next year. Terry Sharp requested Beach area be designated as a recreational area in order to allow skating on the streets. Jay Elliot questioned why alleged wrongdoing of city employees in connection with his rehabilitation loan disregarded. It was stated the City has been working with the Elliots. Not Before 6:00 P.M. - Scheduled Public Hearings (1) Presentation of issues by City staff. (2) Statement of case by applicant or representative (5 minutes). (3) Statement of case by opposition (5 minutes). (4) Commission questions. (5) Comments in support and in opposition: (a) individual (3 minutes); (b) spokesperson for groups (10 minutes). (6) Commission questions. (7) Rebuttal by opposition (5 minutes). (8) Final rebuttal by applicant or representative (5 minutes). 9/3192 1 4= i` PUBLIC HEARINGS 8. 9. 10. 11. 12. 13. 14. Public Hearing & First Reading of: (AS) a. Ord. #5280-92 - millage rate for FY92/93 b. Ord. #5281-92 - operating budget for FY9 219 3 c. Ord. #5282-92 - capital improvement program budget for FY92/93 Public Hearing & First Reading Ord. #5257- 92 - Relating to LDC, amending Ch. 134, regarding signs and sign regulations; amending Sec. 137.005 (PLD) Public Hearing & First Reading Ord, #5266- 92 - Vacating Fifth Avenue South and portions of Main Street and Fourth Avenue South, lying within Sec. 32-28-16 (CitylDimmitt V92-13)(PW) Public Hearing & First Reading Ord. #5268- 92 - Vacating S 1' of the 10' drainage and utility easement lying along the N side of Lot 78, Clubhouse Estates of Countryside Unit 2, less the E 5' and the W 5', located at 2670 St. Andrews Dr.(Burr V92-16)(PW) (Cont. from 8113192) Variance to Sign Regulations for property (Carillon Rug Cleaners, Inc.) located at 1107 N Ft. Harrison Ave., Palm Bluff First Add., Lots 4, 5, 13 & part of 3 (Rice SV92-10)(PLD) Variance to Sign Regulations for property (Grand Prix Car Wash) located at 1880 Gulf to Bay Blvd., Sec. 13-29-15, M&S 23.07 and Skycrest Unit D, Blk A, part of Lot 5 and strip 27.5' m.o.l. W of Lot 5 (Grand Prix, Ltd SV92-15)(PLD) Variances to Sign Regulations for property located at 655 S. Belcher Rd., Turner's Professional Park, Lot 2 (Fortune Bank SV92-12)(PLD) 8. Ords. #5280-92, #5281-92 & #5282-92 passed 1st reading. 9. Ord. #5257-92 passed 1st reading as amended. 10. Approved. Ord. #5266-92 passed .1st reading. 11. Approved. Ord. #5268-92 passed 1 st reading. 12. Approved variance of 16 sq.ft. provided sign is a ground sign the top of which is not more than 8' above the ground. 13. Approved variance of 5' from the east side setback requirements. 14. Denied variance of '4.6 sq.ft. to permit a 2nd message panel on the property identification sign to allow a total surface area of 68.6 sq.ft.; Annroved variance of 3 signs for a freestanding ATM with a total sign area of 26 sq.ft. subject to: 1) signage shall be limited to a maximum of 2 bank identification signs containing a maximum of 12 sq.ft. each with the signs to be located on the east and west, sides of the ATM and a maximum of 1 incidental sign listing credit cards which are accepted to be located on the face of the ATM where I i 9/3/92 2 0 15. (Cont. from 8113192) Alcoholic Beverage Distance Separation Variances for property (Ocean Garden Rest) located at 470 Mandalay Ave., Clearwater Beach Park, Lots 43-48, part of 64 and 65-71 (Pelican Two, Inc. AB92-12)(PLD) 16. Alcoholic Beverage Distance Separation Variance for property (Monty's Pizza) located at 2170-2172 Nursery Rd., Sec. 24-29-15, M&8 41.02, 41.03, 41.04 & 41.05 (Loken AB92-14)(PLD) 17. (Cont. from 8113192) Second Reading Ord. #5181-92 - Amending comprehensive plan as adopted on 11115189, including amendments to future land use, coastal zone management and capital improvements elements (PLD) 18. Public Hearing & First Reading Ord. #5263- 92 - lPD Zoning for property located at 22067 US19N, Clearwater 19 Commerce Park, Lot 1 (Kunnen Z92-07)(PLD) To be Cont. to 9117/92 19. Public Hearing & First Reading Ord. #5264- 92 - relating to height limitations, amending Sec. 136.004 & 137.005 (LDCA92- 12)(PLD) To be Cont. to 9117192 the cards are inserted and which contains a maximum area of 2 sq.ft. & 2) all requisite permits shall be obtained by 10113192. 15. Continued to 1011192. 16. Approved variance of 250' to permit an alcoholic beverage sales establishment 50' from a residential zone. 17.' Approved. Ord. #5181-92 adopted as' amended. r 1 18. Continued to 9117192. 19. Continued to 9117/92. Public Hearing - Second Reading Ordinances 20. (Cont. from 8113192) Ord. #5138-91 - Land Use Plan Amendment to Public/Semi-Public for property located on W side of McMullen-Booth Rd., N of Countryside Sports Complex, Sec. 21-28-16, M&B 23.09 less the E 50', 3.8 acres (Bethel Lutheran Church LUP91-11) 21. (Cont. from 8113/92) Ord. #5139-91 - P/SP Zoning for property located on W side of McMullen-Booth Rd., N of Countryside Sports Complex, Sec. 21-28-16, M&B 23.09 less the E 50', 3.8 a6es (Bethel Lutheran Church A91-20) 4 9/3/92 20. Ord. #5138-91 adopted. 21. Ord. #5139-91 adopted. rr 3 S P' t' f: =lr f! i? 22. (Cant. from 8113/92) Ord. #5169-92 - Annexation for property located at SE corner of intersection of Drew St. and Hampton Rd., known as Island in the Sun Mobile Home Park, Sec. 17-29-16, M&B 12.01, 41.0 acres (Kennedy/Robarts/Brown A91-14) 23. (Cont. from 8113192) Ord, #5170-92 - Land Use Plan Amendment to Low Density Residential for property located -at SE corner of intersection of Drew St. and Hampton Rd., known as Island in the Sun Mobile Home Park, Sec. 17-29-16, M&B 12.01, 41.0 acres (Kennedy/Roberts/Brown LUP91-15) 24. (Cant. from 8/13/92) Ord. #5171-92 - RPD- 10 Zoning for property located at SE corner of intersection of Drew St. and Hampton Rd., known as Island in the Sun Mobile Home Park, Sec. 17-29-16, M&B 12.0141.0 acres (Kennedy/Roberts/Brown A9;_ 14) 25. Ord. #5236-92 - LDCA deleting "cut-off" provisions for sign variances, amending Sec.134.015 (LDCA 92-08) 26. Ord. #5251-92 - Annexation for property located at 1716 Ragland Ave., Clearwater Manor, Lot 61,0.14 acres (Wrobel A91-03) 27. Ord. #5252-92 - Land Use Plan Amendment to Low Density Residential for property located at 1716 Ragland Ave., Clearwater Manor, Lot 61, 0.14 acres (Wrobel LUP91-03) 28. Ord. #5253-92 - RS-8 Zoning for property located at 1716 Ragland Ave., Clearwator Manor, Lot 61,0.14 acres (Wrobel A91-03) 29. Ord. #5254-92 - Amending Secs. 135.150, 135.1524 & 136.025 to allow child day care as a conditional use in the IL and RDOP districts (LDCA 92-10) 30. Ord. #5255-92 - Vacation of Pine Street r- ow (formerly Grove St.) lying S of Starr and Savery's Add., Blk 3 Lots 3 & 4 and N of Blk 5, Lots 1 & 2 (Church of the Ascension, Inc. V92-02) 9/3/92 22. Ord. #5169-92 adopted.' 23. Ord. #5170-92 adopted. 24. Ord. #5171-92 adopted. 25. Ord. #5236-92 adopted. 26. Ord. #5251-92 adopted. 27. Ord. #5252-92 adopted. 28. Ord. #/5253-92 adopted. 29. Ord. #5254-92 adopted. 30. Ord. #5255-92 adopted. 'S 4 4 f• I, f CITY MA A t~R REPORTS COME NT AGENDA (items #31-67) - Approve as su mitts less #67. The following items require no formal public hearing and are subject to being approved in a single motion. However, any City Commissioner or the City Manager may remove an item from the Consent Agenda to allow discussion and voting on the item individually. Agreements 31. Agreement with Pinellas County Sheriff to provide latent fingerprint services for the. period 111192-12131192, for $34,837.57 (PD) 32. Three Year Agreement with Ervin's All American Youth Club, Inc., for the Club's continuing use and supervision of the Holt Avenue Youth Center, for the period 9/l/92-8/31/95, with an associated cost of approx. $13,200 per year (PR) Bids & Contracts 33. Renewal of property and casualty insurance coverage for FY93 through A.J. Gallagher, City's Insurance Broker, from 1011192- 1011193 in the total amount of $140,515 (AS) 34. Renewal of excess workers' compensation coverage for FY92193 through the Florida League of Cities, authorize payment of $56,747 (AS) 35. Renewal of flood insurance coverage for FY92193 for specific city-owned property, authorize payments not to exceed $35,000 (AS) 36. Addendum One to extend contract for claims services with Gallagher Bassett Claims Services, Inc., for fiscal year 10/l/92-9/30/93, for handling "run-out" liability,and workers' compensation claims in the amount of $26,589 (AS) 37. Purchase of claims service (liability & workers' compensation) from Johns Eastern Co., Inc., for FY92193 at an est. $72,944 with a deposit of $44,387 as provided for in the 3 year contract (AS) 913192 ,i ,I t 5 t 4f ?i 1 l ` 38. Renew contract for hardware and operating system software support for the DEC VAX 4000 computer with Network Computing Corp., Charlotte, NC, for the period 1011192-9130!93, at an est. $25,080 (AS) 39. Extension of contract for A-4 computer maintenance with Unisys Corp., Tampa, FL, for the period 1011192-9130193, at an est. $31,350 (AS) 40. Extension of contract with North Hercules Cleaners, Clearwater, FL, for dry cleaning, laundry and alteration service, for the period 10/15192-10/14/93,at an est.$17,840 (AS) 41. Purchase of water treating chemical chlorine from Allied Universal Corp., Inc., Miami, FL, for the period 914192-2128193, for an est. $30,817.50 (AS) 42. Extension of contract for purchase and installation of carpet with Towne Carpets, Clearwater, FL, for the period 10/8192- 1017193, for an est. total $33,250 (AS) 43. Purchase of 3 personal computers and associated peripherals from National Data Products, Inc., Clearwater, FL, at an est. $17,262, authorize cash purchase of appropriate software to provide office automation for $3,272 (AS) 44. Contract for installation of 518", 1 ", 2" & 4" P.E. mains and service lines to Visk Construction, Inc., Riverview, FL, for the period 1011192-9130193, 'at an est. $375,850 (GAS) 45. Contract for installation, rental and service of ice machines at 9 City facilities to Guy's Ice Machine, Clearwater, FL, for the period 10!1192-9130193, at an est. $10,800 (GS) 46. Contract for vehicle lubrication services to Oil Can Henry's, Clearwater, FL, for the period 10/1192-9!30193, at an est. $23,477.60 (GS) 47. Contract for continuation of CentraNet services to GTE South, for the period 8128192-8127197, for an est. annual cost of $213,933 (GS) , 48., Contract for purchase of tire services and new and recap tires to Smith Bandag, Inc., Clearwater, FL, for the period 10/1 /92- 9/30195, at an est. $223,336.75 (GS) 9/3/92 6 3 1 .i! I 4 i f? 49, Extension of contract with CLSI, Inc., Newtonville, MA, for maintenance of the Clearwater Public Library LIBS100 system, for the period 10!1192-12131192, at a cost „ of $17,927.94 (LIB) 50. Purchase of automated library system including hardware & software from Gaylord Systems, Syracuse, NY, for $286,252; authorize 5 year lease/purchase thru AT&T Credit Corp. for the hardware/software totalling $249,275; authorize $36,977 of additional associated expenditures (LIB) 51. Purchase 3 pre-owned vehicles at the Orlando Auto Auction by Al Davenport, Inc., at a cost not to exceed $33,000 (PD) 52. Purchase of microcomputers & printers for desktop publishing from National Data Products for $29,258.91; authorize 5 year lease/purchase thru AT&T Credit Corp. (PIO) 53. Amendment to existing contract for sludge disposal with Davis Water and Waste Industries, Tallevast, FL, wherein Davis agrees to accept and properly dispose of wastewater residuals in accordance with Ch. 17-640 F.A.C. (PW) 54. Continuation of Clearwater Pass Bridge monitoring program with Kisinger Campo and Associates Corp., for the period 1011192-9130193, for $99,500 (PW) 55. Extension of contract to purchase Liquid Alum for the Water Pollution Control Division with General Chemical Co., Parsippany, NJ, for the period 1011192- 9130193, at an est. $140,000 (PW) 56. Purchase of Polymer from Rhone Poulenc Inc., Parsippany, NJ, for the period 9115192-9114195,at an est. $606,000 (PW) 57. Contract for parking attendant services at Pier 60 & S. Gulfview parking lots to Republic Parking Systems, Chattanooga, TN, for $230,829.83 (PW) 58. . Contract for structural reinforcement of the North Sanitary Sewer Interceptor at the EAWPCF to Insituform Southeast, Inc., Jacksonville, FL, for $23,155 (PW) 91319 2 ' 7 { I, I r F r? r. i • I 2 ? {Y i i. i, s t I 59. Extension of contract for micrographic services with Micro Image, Inc., 'pampa, FL, for the period 10/l/92-9/30/93, at an est. total $15,000 (CLK) Citizens & Staff Requests 60. Complete financing for recent transfer of the "School Board Property" site from the Garage Fund to the General Fund to be used for future airpark development (AS) 61. Request to waive approx. $14,480 in City fees and charges for the 1992 Jazz Holiday Festival; authorize Clearwater Jazz Holiday Foundation, Inc. to approve all vendors and concessionaires (PR) 62. Funding for Phases I & 11 of a Hydrogeological Evaluation of the Potential for Development of a Brackish Groundwater Supply in the Clearwater Area to an upper limit of $86,395 (PW) 63. Authority to bring suit for quiet title action for city truck (CA) 64. Authorization to file mortgage foreclosure action on 1012 N. Madison Ave. (Alfred McCloud)(CA) Change Orders 65. C.0.#1 to contract with CenTech Utility Corp. for the Potable Water Well Restoration Project, increasing the scope of work and value of contract by $20,680 for a new total of $360,073 (PW) 66. C.O.#1 to the 1992 Subdrain Contract to Keystone Excavators, Inc., increasing the amount by $16,750 for a new total of $189,113 (PW) Plans & Plats 67. Amended Preliminary Site Plan for Clipper Cove it (aka Bayview Towers, Islander) located at the NW corner of Dory Passage Way and Island Way (Chase/Dore)(PLDI 9/3/92 8 67. Received amended site plan and authorized DRC to approve subject to 1) Signs and fencing/walls are subject to separate review and permitting processes and 2) The requisite building permits must be procured within 1 year from the date of certification of the final site plan and all requisite certificates of occupancy must be obtained within 3 years of the date of certification of the site plan OTHER ITEMS-OR CITY MANAGER REPORT fib. Approve New City Hall site and give direction to staff regarding design procedure 69. First Reading Ord. #5283-92 - Florida Gulf Coast Art Center leasing Maas site, and establishing a ballot question 70. First Reading Ord. #5265-92 - amending Ch. 146 regarding flood protection, redefining time limit of cumulative total for definition of substantial improvement to Clearwater Beach and Sand Key (PLD) 71. (Cant. from 8/13192) First Reading Ord. #5219-92 - Roll-Off Container ordinance revision, amending Secs. 54.20 thru 54.22 and 54.24 thru 54.26, repealing Sec. 54.23 WW) 72. Parks & Recreation Board - 2 appointments, 1 term to begin immediately and expire 8/31/95 and the other to begin 10/1 and expire 9130195 (CLK) 73. Clearwater Housing Authority - 1 appointment (CLK) 68. Authorized staff to proceed with plans for locating a new City Hall on the current City Hall site and to advertise the RFQ for a design-build contract for construction. 69. Ord. #5283-92 passed 1st reading as amended. Directed staff to attempt to place additional question regarding disposition of the bluff on the ballot. 70. Approved. Ord. #5265-92 passed 1st reading. 71. Ord. #5219-92 passed 1st reading. 72. Continued. .1 73. Reappointed Katharine Griffith. 74. Other Pending Matters 74. None. E ' CITY ATTORNEY REPORTS First Reading Ordinances 75. Ord. #5267-92 - Relating to finance and taxation, amending Sec. 44.21 regarding ., exemptions from public service tax 76. Other City Attorney Items 77. City Manager Verbal Reports 78. Other Commission Action Discussion regarding replacement of Commissioner Regulski 79. Adjournment 9/3/92 75. Ord. #5267-92 passed 1st reading. 76. None. 77. None. 78. Scheduled appointment to be made at 9/17 Commission meeting. Scheduled City Attorney and City 4 Manages Evaluations for 9114192. 4 79. 1;50 a.m. 9 PRELIMINARY AGENDA' Work Session - 9:00 A.M. - Monday, August 31, 1992 Clearwater City Commission Meeting - 6:00 P.M. - Thursday, September 3, 1992 Service Awards PRESENTATIONS 1. Presentation by CDM and staff regarding a New City Hall; adopt a strategy for the construction (PW) 2. Florida Gulf Coast Art Center 3. Clearwater Pass Bridge - Status Report AS ADMINISTRATIVE SERVICES 1. Renewal of property and casualty insurance coverage for FY93 through A.J. Gallagher, City's Insurance Broker, from 1011192-1011193 in the total amount of $140,515 (Consent B&C) 2. Renewal of excess workers' compensation coverage for FY92/93 through the Florida League of Cities, authorize payment of $56,747 (Consent B&C) 3. Renewal of flood insurance coverage for FY92/93 for specific city-owned property, authorize payments not to exceed $35,000 (Consent B&C) 4. Addendum One to extend contract for claims services with Gallagher Bassett Claims Services, Inc., for fiscal year 10/l/92-9/30/93, for handling "run-out" liability and workers' compensation claims in the amount of $26,589 (Consent B&C) 5. Purchase of claims service (liability & workers' compensation) from Johns Eastern Co., Inc., for FY92/93 at an est. $72,944 with a deposit of $44,387 as provided for in the 3 year contract (Consent B&C) 6. Renew contract for hardware and operating system software support for the DEC VAX 4000 computer with Network Computing Corp., Charlotte, NC, for the period 10/1 /92-9/30/93, at an est. $25,080 (Consent B&C) 7. Extension of contract for A-4 computer maintenance with Unisys Corp., Tampa, FL, for thi,e period 10/l/92-9/30/93, at an est. $31,350 (Consent B&C) 8. Extension of contract with North Hercules Cleaners, Clearwater, FL, for dry cleaning, laundry and alteration service, for the period 10/15/92-10/14/93, at an est. $17,840 (Consent B&C) 9. Purchase of water treating chemical chlorine from Allied Universal Corp., Inc., Miami, FL, for the period 9/4/92-2/28/93, for an est. $30,817.50 (Consent B&C) 10. Extension of contract for purchase and installation of carpet with Towne Carpets, Clearwater, FL, for the period 10/8/92-10/7/93, for an est. total $33,250 (Consent B&C) 11. Complete financing for recent transfer of the "School Board Property" site from the Garage Fund to the General Fund to be used for future airpark development (Consent C&S) 12. Purchase of 3 personal computers and associated peripherals from National Data Products, Inc., Clearwater, FL, at an est. $17,262; authorize cash purchase of appropriate software to provide office automation for $3,272 (Consent B&C) 13. Public Hearing & First Reading of: (PH) a. Ord. #5280-92 - millage rate for FY92/93 b. Ord. #5281-92 - operating budget for FY92/93 c. Ord. #5282-92 - capital improvement program budget for FY92/93 GAS GAS SYSTEM 1. Contract for installation of 518", 1 ", 2" & 4" P.E. mains and service lines to Visk Construction, Inc., Riverview, FL, for the period 10/l/92-9/30/93, at an est. $375,850 (Consent B&C) 8/31/92 S GENERAL SERVICES 1, Contract for installation, rental and service of ice machines at 9 City facilities to Guy's Ice Machine, Clearwater, FL, for the period 1011192-9130193, at an est. $10,800 (Consent B&C) 2. Contract for vehicle lubrication services to Oil Can Henry's, Clearwater, FL, for the period 1011192-9130/93, at an est. $23,477.60 (Consent B&C) 3. Contract for continuation of CentraNet services to GTE South, for the period 8/28/92-8127/97, for an est. annual cost of $213,933 (Consent B&C) 4, Contract for purchase of tire services and new and recap tires to Smith Bandag, Inc., Clearwater, FL, for the period 10/1 /92-9130/95, at an est. $223,336.75 (Consent B&C) LIB LIBRARY 1. Extension of contract with CLSI, Inc., Newtonville, MA, for maintenance of the Clearwater Public Library LIBS100 system, for the period 10/1/92-12/31192, at a cost of $17,927.94 (Consent B&C) 2. Purchase of automated library system including hardware & software from Gaylord Systems, Syracuse, NY, for $286,252; authorize 5 year lease/purchase thru AT&T Credit Corp. for the hardware/software totalling $249,275; authorize $36,977 of additional associated expenditures (Consent B&C) PD POLICE 1, Purchase 3 pre-owned vehicles at the Orlando Auto Auction by Al Davenport, Inc., at a cost not to exceed $33,000 (Consent B&C) 2. Agreement with Pinellas County Sheriff to provide latent fingerprint services for the period 111/92-12/31192, for $34,837.57 (Consent Agrmt) P PUBLIC OFFICE 1. Purchase of microcomputers & printers for desktop publishing from National Data Products for $29,258.91; authorize 5 year lease/purchase thru AT&T Credit Corp. (Consent B&C) P &A PARKS A A5CRETMUIT- 1 . Three Year Agreement with Ervin's All American Youth Club, Inc., for the Club's continuing use and supervision of the Holt Avenue Youth Center, for the period 9/1192-8/31/95, with an associated cost of approx. $13,200 per year (Consent Agrmt) 2. Request to waive approx. $14,480 in City fees and charges for the 1992 Jazz Holiday Festival; authorize Clearwater Jazz Holiday Foundation, Inc. to approve all vendors and concessionaires (Consent C&S) PW PUBLIC WORKS 1. (Cont. from 8/13/92) First Reading Ord. #5219-92 - Roll-Off Container ordinance revision, amending Secs. 54.20 thru 54.22 and 54.24 thru 54.26, repealing Sec. 54.23 (CM) 2. Public Hearing & First Reading Ord. #5266-92 - Vacating Fifth Avenue South and portions of Main Street and Fourth Avenue South, lying within Sec. 32-28-16 (City/Dimmitt V92-13)(PH) 3. Public Hearing & First Reading Ord. #5268-92 - Vacating S 1' of the 10' drainage and utility easement lying along the N side of Lot 78, Clubhouse Estates of Countryside Unit 2, less the E 5' and the W 5', located at 2670 St. Andrews Dr. (Burr V92-16)(PH) 4. Amendment to existing contract for sludge disposal with Davis Water and Waste Industries, Tallevast, FL, wherein Davis agrees to accept and properly dispose of wastewater residuals in accordance with Ch. 17-640 F.A.G. (Consent B&C) 8/31 /92 2 5. Continuation of Clearwater Pass Bridge monitoring program with Kisinger Campo and Associates Corp., for the period 10/l/92-9/30/93, for $99,500 (Consent B&C) 6. Extension of contract to purchase Liquid Alum for the Water Pollution Control Division with General Chemical Co., Parsippany, NJ, for the period 1011192-9130193, at an est. $140,000 (Consent B&C) 7. Purchase of Polymer from Rhone Poulenc Inc., Parsippany, NJ, for the period 9115192-9114/95, at an est. $606,000 (Consent B&C) 8. Contract for parking attendant services at Pier 60 & S. Gulfview parking lots to Republic Parking Systems, Chattanooga, TN, for $230,829.83 (Consent B&C) 9. Contract for structural reinforcement of the North Sanitary Sewer Interceptor at the EAWPCF to Insituform Southeast, Inc., Jacksonville, FL, for $23,155 (Consent B&C) 10. Funding for Phases I & 11 of a Hydrogeological Evaluation of the Potential for Development of a Brackish Groundwater Supply in the Clearwater Area to an upper limit of $86,;195 (Consent C&S) 11. C.O.#1 to contract with CenTech Utility Corp. for the Potable Water Well Restoration Project, increasing the scope of work and value of contract by $20,680 for a new total of $360,073 (Consent CO) 12. C.O.#1 to the 1992 Subdrain Contract to Keystone Excavators, Inc., increasing the amount by $16,750 for a new total of $189,113 (Consent CO) PL&D PLANNING & DEVELOPMENT 1. Public Hearing & First Reading Ord. #5263-92 - IPD Zoning for property located at 22067 US19N, Clearwater 19 Commerce Park, Lot 1 (Kunnen Z92-07)(PH) 2. Public Hearing & First Reading Ord. #5264-92 - relating to height limitations, amending Sec. 136.004 & 137.005 (LDCA92-12)(PH) To be Cont. to 9117192 3. (Cont. from 8/13192) Variance to Sign Regulations for property (Carillon Rug Cleaners, Inc.) located at 1107 N Ft. Harrison Ave., Palm Bluff First Add., Lots 4, 5, 13 & part of 3 (Rice SV92-10)(PH) 4. Variance to Sign Regulations for property (Grand Prix Car (Nash) located at 1880 Gulf to Bay Blvd., Sec. 13-29-15, M&B 23.07 and Skycrest Unit D, Blk A, part of Lot 5 and strip 27.5' m.o.l. W of Lot 5 (Grand Prix, Ltd SV92-15)(PH) 5. Variances to Sign Regulations for property located at 655 S. Belcher Rd., Turner's Professional Park, Lot 2 (Fortune Bank SV92-12)(PH) 6. (Cont. from 8113192) Alcoholic Beverage Distance Separation Variances for property (Ocean Garden Rest) located at 470 Mandalay Ave., Clearwater Beach Park, Lots 43-48, part of 64 and 65-71 (Pelican Two, Inc. AB92-12)(PH) 7. Alcoholic Beverage Distance Separation Variance for property (Monty's Pizza) located at 2170- 2172 Nursery Rd., Sec. 24-29-15, M&B 41.02, 41.03, 41.04 & 41.05 (token AB92-14)(PH) 8. (Cont. from 8113192) Second Reading Ord. #5181-92 - Amending comprehensive plan as adopted on 11115189, including amendments to future land use, coastal zone management and capital improvements elements (PH) 9. Public Hearing & First Reading Ord. #5257-92 - Relating to LDC, amending Ch. 134, regarding signs and sign regulations; amending Sec. 137.005 (PH) 10. Amended Preliminary Site Plan for Clipper Covell (aka Bayview Towers, Islander) located at the NW corner of Dory Passage Way and Island Way (Chase/Dore)(CM P&P) 11. First Reading Ord. #5265-92 - amending Ch. 146 regarding flood protection, redefining time limit of cumulative total for definition of substantial improvement to Clearwater Beach and Sand Key (CM) 8/31/92 3 LK -CITY CLERK 1. Parks & Recreation Board - 2 appointments, 1 term to begin immediately and expire 8131195 and the other to begin 1011 and expire 9130195 (CM) 2. Clearwater Housing Authority - 1 appointment (CM) 3. Extension of contract for micrographic services with Micro Image, Inc., Tampa, FL, for the period 10/1192-9130193, at an est. total $15,000 (Consent B&C) CA LEGAL DEPARTMENT Second Reading Ordinances 1. (Cont. from 8113192) Ord. #5138-91 - Land Use Plan Amendment to Public/Semi-Public for property located on W side of McMullen-Booth Rd., N of Countryside Sports Complex, Sec. 21- 28-16, M&B 23.09 less the E 50', 3.8 acres (Bethel Lutheran Church LUP91-11) 2. (Cont. from 8/13192) Ord. #5139-91 - P/SP Zoning for property located on W side of McMullen- Booth Rd., N of Countryside Sports Complex, Sec. 21-28-16, M&B 23.09 less the E 50', 3.8 acres (Bethel Lutheran Church A91-20) 3. (Cont. from 8113/92) Ord. #5169-92 - Annexation for property located at SE corner of intersection of Drew St. and Hampton Rd., known as Island in the Sun Mobile Home Park, Sec. 17-29-16, M&B 12.01, 41.0 acres (Kennedy/Roberts/Brown A91-14) 4. (Cont. from 8/13/92) Ord. #5170-92 - Land Use Plan Amendment to Low Density Residential for property located at SE corner of intersection of Drew St. and Hampton Rd:, known as Island in the Sun Mobile Home Park, Sec. 17-29-16, M&B 12.01, 41.0 acres (Kennedy/Roberts/Brown LUP91-15) 5. (Cont. from 8/13192) Ord. #5171-92 - RPD-10 Zoning for property located at SE corner of intersection of Drew St. and Hampton Rd., known as, Island in the Sun Mobile Home Park, Sec. 17-29-16, M&B 12.01, 41.0 acres (Kennedy/Roberts/Brown A91-14) 6. Ord. #5236-92 - LDCA deleting "cut-off" provisions for sign variances, amending Sec. 134.015 (LDCA 92-08) 7. Ord. #5251-92 - Annexation for property located at 1716 Ragland Ave., Clearwater Manor, Lot 61, 0.14 acres (Wrobel A91-03) 8. Ord. #5252-92 - Land Use Plan Amendment to Low Density Residential for property located at 1716 Ragland Ave., Clearwater Manor, Lot 61, 0.14 acres (Wrobel LUP91-03) 9. Ord. #5253-92 - RS-8 Zoning for property located at 1716 Ragland Ave., Clearwater Manor, Lot 61, 0.14 acres (Wrobel A91-03) 10. Ord. #5254-92 - Amending Secs. 135.150, 135.1524 & 136.025 to allow child day care as a conditional use in the IL and RDOP districts (LDCA 92-10) 11. Ord. #5255-92 - Vacation of Pine Street r-o-w (formerly Grove St.) lying S of Starr and Savery's Add., Blk 3 Lots 3 & 4 and N of Blk 5, Lots 1 & 2 (Church of the Ascension, Inc. V92-02) First Reading Ordinances 1. Ord..#5267-92 - Relating to finance and taxation, amending Sec. 44.21 regarding exemptions from public service tax OTHER CITY ATTORNEY ITEMS 1. Authority to bring suit for quiet title action for city truck 2. Authorization to file mortgage foreclosure action on 1012 N. Madison Ave. (Alfred McCloud) City Manager Vera Reports Other ommission Action Adjourn 8/31/92 4 N e Subject: CLEARWATER CITY COMMISSION Agenda Cover Memorandum Item # _ Meeting Dale: 9/31/92 SERVICE AWARDS RecommendationlMotion: The following employees be presented with service awards for their length of service ill the employment of the City of Clearwater. ? and that the appropriate officials be authorized to execute same. BACKGROUND: Years: Judith A. Smith Hilliard Sanders James D. Betts, Jr. Walter S. Miksza Charyll Q. Jones Derrick Gaiter 10 Years: Brenda L. McLaughlin I Years: Thomas E. Downes Margaret G. Guenther 20 Yew: Birgitt S. Dowd Frederick R. Casale Alvin E. Washington Police Public Works/Infrastructure/Public Service Gas System Gas System Public Works/Utilities/Solid Waste Public WOrks/Utilities/Solid Waste Police Public Works/Utilities/Solid Waste DOAS/UCS Parks & Recreation Police Department; Public Works/Utilities/Solid. Waste Reviewed by: Originating Dept.: Costs: Commission Action: Legal uman Resources Total ? Approved Budget ? Approved wlconditions Purchasing User Dept.: -- ? Denied Filsk Mgmi. Current FY 17 Continued to: DIS Fundin Source: g ACM Advertised: ? Capt. Imp. Other Date: ? Operating - Attachments: Submitted by: Paper: L 3 other - ? Not required Affected parties Appropriation Cade: ? Notilied City Manager ? NO required ? None 11 f TO: Mayor Rita Garvey FROM: Denise Wilson, Assistant to City Manager/Office COPIES: City Commissioners, Michael Wright, Cyndie Goudea11 SUBJECT: Presentations at the August 31, 1992 Work Session DATE: August 31, 1992 The following presentations will be made at the August 31, 1992 Work Session. } SERVICE PINS i . E \ ears :'. Derrick Gaiter Public Works/Utilities/Solid Waste Derrz.' 15 v gars r Margaret Guenther, DOASIUCS 13 _ Birgitt Dowd, Parks and Recreation f Frederick Casale, Police Department ?r `s . i ' I ` r } f jr E `fR Item N f ' %c CLEARWATER CITY COMMISSION Meeting Date 9-3-92 iEr Agenda Cover Memorandum SUBJECT: New City Hall - Site Plan Choice mc u RECOMMENDATION/MOTION: Hear presentation by Camp, Dresser & McKee, Inc. (CDM) consultants and city staff, examine accompanying visual representations, ana adopt a strategy for the construction of a new City Hall. ® And that the appropriate official be authorized to execute same. BACKGROUND: Upon consultation with City staff, Camp Dresser & McKee (CDM) consultants, have prepared eight separate Conceptual Site Layouts incorporating the existing city Hall with addition; a new City Hall; a Parking Garage; an Art Center; the use of the existing City Hall site; and the use of the Maas Brothers site; as variables. The eight alternate layouts are as follows: 1-A Existing Site. New addition to the existing City Hall building to the west. New Parking Garage to the south. Close Pierce Street. Access from both Osceola and Pierce Blvd. 1--B Existing Site. New City Hall building fronting Osceola with parking below building. 1-C Existing Site. New City Hall building facing Osceola. New Parking Garage to the west. I-D Existing Site. New City Hall building fronting Pierce Blvd. New Parking Garage along Osceola. 2-A Maas Site. New City Hall bldg. fronting Osceola. Parking garage below City Hall building. 2-B Maas Site. New City Hall bldg. fronting Osceola. Parking Garage below City Hall bldg. Proposed Art Center to the west. 2-C' Maas Site. New Art Center fronting Osceola. New City Hall bldg. to the west. Parking Garage below City Hall bldg. 2-D Maas Site. New City Hall bldg. fronting Osceola, Parking Garage below city Hall bldg. Proposed auditorium to the north. The eight alternates are more thoroughly described with cost estimates in the attached material. (continued) 1 1 Reviewed by: ; originating Dept. i Costs: N/A ; Commission Action ' Legal NA i Public Works t (Current FY) II{ Approved t Budget NA User Dept. Funding Source: i Approved ' w/conditions Purchasing NA G { Capt. Imp. Denied Risk Mgmt. NA E Advertised: ! Operating ! I Cont'd to cis NA t 1 Date: ` other ACM NA I Paper: I I Appropriation Code(s) = Attachments: other NA Not required X i Conceptual Site Layouts Design-Build Literature Submitted : / i Affected parties notified X 6t «'' Cit M M ?L E Not required I -?-~-r ! ! cityhall.agn r Subject: New City Hall'- Site Plan Choice Page 2. There are generally six types of alternative contracting methods. in a conventional competitive bid the architect, after selection by (lie client, totally completes the design documents which are then distributed to general contractors for bidding. The design-build arrangement allows the owner.,to obtain both design and construction services from a single entity, thereby having a sole source for responsibility of all phases of the work. Tile negotiated general contractor is a method in which an experienced and competent general contractor is hired on the basis of qualifications, experience, assigned personnel, and sometimes fee to participate in the project during design and construction. The "Turn Key" project development is designed so that one company provides a totally coordinated and controlled package of service to the owner which would include land acquisition, design, construction, and interim and permanent financing, all under terms of negotiated financial agreement. Construction management allows a professional to supervise all project activities, procurement, and construction coordination. A phased conventional approach works so that major projects may be designed, bid and built in phases in order to overlap the design and construction schedules and thereby reduce the overall project duration. The design-build service has many advantages in that it provides a single prime responsibility for design/construction. This means the construction cost, schedule, and methods are controlled by a single entity. Value/engineering is performed by the team and implemented to provide a most cost effective solution to systems and materials used on the project. In addition to the examination of the material related to this item and the formulation, by the Commission of a clear directive to staff, it is staff's recommendation that the "Design-Build" methodology be incorporated in the accomplishment of the project. This methodology would include the following structure and sequence: 1. A Request for Qualifications (RFQ) will go out to the design and construction community describing our project and inviting design-build firms or temporary partnership to submit material identifying themselves and their experience, both as to the construction of similar facilities and their experience in design-build scenarios. 2. A short list will be prepared and four selected firms will, upon examination of our comprehensive project description, make individual presentations adequate for the City to fully know what the building will look like, what the site plan will look like, and what the building will cost. Renderings and models will be included in these presentations. 3. One of the presenting firms will be selected, a contract will be awarded, and work will begin on the project. The project will, in effect, be designed by the builder and built by the r designer, with various detailed construction drawings prepared in sequence as needed to accommodate the actual work. The contractor and architect are compensated on a lump-sum basis, and the building costs are agreed upon by. contract. The project cannot exceed the contract figure. Further material more fully describing the "Design-Build" concept and advantages is attached. , . TOTAL DUALITY MANAGEMENT Owners Choose Team Approach for the 90's General contractors, if involved early, can speed schedules, save costs BY LARRY 0. CASEY The team approach to design- ing and building a project has emerged as the project delivery system of the `90's. It is a strategy that calls for the owner, archi- tect, general contractor and other pri- mary consultants to start working to- gether as a team during a project's early planning stages. Unlike the tra- cry approach that is void of input from tiie contractor during the design phase, the team ap- proach en- courdges con- Larry Casey tractor par- ticipation and suggestions from all key players ensur- ing more informed decisions and cost effective solutions. During the design phase, owners should look for their general contractor's role to be that of an adviser on sched- ule, material costs and construction methods. Many owners do not realize that the greatest opportunity to impact the cost and schedule of a project is not at bid time, but during design. Involy- ing a contractor early on to manage the cost and schedule of a project also I& lows the architect to devote his ener- gies to those things for which lie is most adequately trained and experienced in-the design. Unfortunately, many building de- 20 FLORIDA ditional deliv- signers do not have the expertise to fully evaluate the cost implications of their designs. The drawings may be too impractical. Technology and construc- tion methods are advancing at a rapid pace, and an architect's work will not necessarily reflect the latest building knowledge. Working alongside a builder, the architect can better exam- ine alternatives. The contractor also provides a vital link between the designer and thus elimi- nates "finger pointing" because all team members are aware of decisions and their respective responsibilities. By, involving the general contrac- tor from the project's inception, the owner can choose to accelerate the design and construction schedule. This technique, referred to as phased construction, or "fast tracking," is very effective in shortening the overall, time required to design and construct a project. Construction begins prior to completion of design documents. Ma- terials and equipment that have long ; lead items from suppliers are ordered early to assure timely delivery and in- stallation. The Broward County Convention Center and Port Everglades Authority Garage were designed and built using a team approach. The 370,000 square foot convention center was constructed 11 months faster than initially planned and well below budget. The adjacent 2,500 car garage was designed and built two nionths alicad of schedule thousands of dollars below and budget ... results unheard of on public agency projects. Robin Cibrano, senior associate with Cannon, the architect for the con- vention center, states, "We appreciate the involvement of a general contractor during the design phase because they help us design a product that is build- "A contractor's job is to look for ways to save dollars." able. We can do our job once and don't have to redesign. I like the fact that there are no surprises when we bid our projects out." Toni Ward, projects coordinator for Marion County, recommended the team approach for its Jail and Judicial Center projects. "Because we had a large build- ing program and a limited staff we wanted to involve our general contrac- tor early in the design phase to work with us on value engineering ideas and to purchase major items to save tax dollars. The results have been excellent with all projects coming in ahead of schedule and under budget." Sonny Dean, Indian River County cortthwed on page 22 JULY/AUGUST 1992 eonri,tueel fi-ont page 20 director of general services, states, "Government is known for its wasteful spending. Over the last seven yestrs, have experienced several pitfalls with the traditional delivery approach. We decided there needed to be more 'check' and 'balances' in the system to save more tax dollars. We therefore chose to bring on board the expertise of a con- struction manager who would serve as an extension of the county's staff to look over the shoulders of the archi- tects, engineers and contractors. Their job is to look for ways to save dollars; keep our projects on schedule; and prevent the design firms from experi- menting with new materials and sys- tems." Architect Don Dwore, a principal in the architectural firm of Spillis Candela and Partners in West Palm Beach, states, "One benefit to involv- ing a contractor early on is their per- spective on the constructability of our design and related cost implications. A contractor can also help us design sys- tems and choose materials that fit the capabilities of the local trades which will ultimately impact the cost, sched- ule and quality of a project." Martin County Commissioner Maggy Hurchalla voted to involve a general contractor with their architect on the County's $30 million Judicial Complex. She stated that, "if we would have put our design drawings out for bids without the early involvement of our contractor, the bids would have been higher. Our contractor also took more responsibility for the final building and had more clout managing the sub-con- tractors." The State of Florida's Department of General Services through their Divi- sion of Building Construction has used the team approach for 4-5 years now. Harold Barrand, assistant director, states, "We have the highest success rate in bringing projects in on schedule and within budget. By having the gen- eral contractor work with us and our architect, communications are estab- lished early on. Work for more minor- ity business can also be identified and set aside if necessary to increase their participation. The team approach has resulted in fewer claims and a lot of happy campers." The 235,000 square a-0 f.-n. foot SoUtla I101-idc1 RCrion.Ll Service Center it% Dort Myers is being designed and built with the team approach. The project is more than two lnonths ahead ofschWUle.uacl $3 million below budget. During these recessionary times when owners can get very competitive prices in the marketplace, they should pay particular attention to who their general contractor is and to their design product, where more important dollars and time will be saved. Remember, the low bid is not always the low bid with the traditional .approach. As low bidder in a bid process, the contractor's only obligation is to build it according to clCSign documents that typically con- tain ambiguities and are often over designed. With the team approach, however, there is open communication, a unified conituitment to tltc success of the project, and a collective effort to maximize dollars. M Larry D. Casey is the Vice President of Marketing forCentex-Rooney Construc- tion, lac., a division of Center Corpo- ration, a Dallas, TX based New York Stock Exchange company ?cvth opera- tions in home building, general con- struction, construction products and financial .services. MORE POWER FROM HONDA. Honda's new general purpose engines offer you a choice for every job. You get the power you need with horizontal and vertical shaft models ranging from 2.2 to 13 horsepower. Every Honda engine uses gaskets that are asbestos fi-ee. And they're all designed with Honda technology. So not only do you get a powerful alternative, it's one you can rely on. Engines For the Honda Engine dealer nearest you, look in the Yellow Pages tinder Engines/Gasoline KAY/AUGUST 1992 d GX\'390 4 • s + I 7/31 S f i jr 1 11 f is 1 , ' S 11 } 1 ? e PkJG-: 7-1992 16:48 F7RU i Richard L Alford Robert O. Bauer, Jr.* Timothy lC Marian'** Robert K Petrillo*** Barbara F_ Marian' TO BAUER, MARI.ANI, PETRII.LO & ALFORD Attorneys at Law Jordan Hills Professional Centre 1550 South Highland Avenue Clearwater, Florida 34616 ,lewd Cndw cenin.l Trw umyrtr "Bond C rdW Lasses Pk%nlq i 9robm Lwyer "'Abe Admitted h busies of Cds mq k VIA XU 462-x425 Al Galbraith, Jr., City Attorney City of Clea water P. 0. Box 4748 Clearwater, Florida XZ?&_ FAX 462-6720 SItEFt{= (it 8) 4414M FAX (015) 443.0959 4622'7 2fl P. 02 of counsel: Robert A. Salmstein 1350 New York Avenue Washington), DC 20005 Admkad 1v DWikt of Cd=bh am In wwowsk ?'J, Au st 27, x.992 ?? [)U_'&_) 9L Esq. w 34618 fk-& Ms. Elizabeth M. Deptula Assistant City Manager City of Clearwater P. 0. Box 4748 Clearwater, Florida 34618 ? Re: Florida Gulf Coast Art Center Dear Al. & Betty: also %R-Q- *? 6 1 The Board of Trustees of the Florida Gulf Coast Art Center (FGCAC) has authorized me to submit to the City of Clearwater the terms set forth below outlining the proposed purchase of the Maas Brothers property. This letter constitutes a letter of intent which is subject to negotiation of the final terms of a binding contract for purchase and sale between FGCAC and the City of Clearwater to be approved, accepted and executed by the parties no later than September 28, 1992. The terms of the proposed purchase and sale are as follows: 1. The transaction will be structured as a purchase and sale of real property which requires performance complying with the following deadlines: (a) The closing date will be on or before the second anniversary of the referendum approving the sale; (b) Building permits must be obtained by FGCAC no later than the third anniversary of the referendum; i f k f FUG-27-1992 16:49 FROM 'TO 4626720 F.43 Al Gabraith, Jr., Esq. Ma. Elizabeth M. Deptula Page 2 August 27, 1992 (c) The certificate of occupancy must be obtained no later than the fifth anniversary of the referendum. 2. The purchase price offered,by FG2k is $750,000.00 to be paid at time of closing on or before the second anniversary of the referendum. 3. FG(:AC is purchasing the eastern portion of the Maas Brothers property consisting of approximately 85,125 square feet. 4. The real property to be acquired by FGCAC is to consist of vacant land, and therefore the expense and obligation of demolishing the Maas Brothers building will remain with the City of Clearwater, 5. The use of the property acquired by FGCAG is to ba restricted to the construction, maintenance and operation of an "arts facility" as that term is to be defined by the ordinance and contract. 5. The deed of conveyance shall reserve to the City of Clearwater the possibility of reverter (forfeiture clause) which reserves to the city the right to re-enter and acquire fee simple title to the property in the event the property is put to any use other than as an arts facility. The possibility of reverter shall run with the land and, therefore, encumber all future owners of the property. In the event the City exercises its right of reverter by reason of the owners violation of the use restriction, then the City shall acquire the real property together with all improvements to the property without reimbursement to FGCAC or its successor for the cost of those improvements. The deed of conveyance shall provide reasonable procedures which allow the owner to cure any violation of the use restriction prior to the termination of the owner's interest in the property and the forfeiture of the improvements to the City. 7. The development of the land by FGCAC shall be subject to applicable building and zoning ordinances of the City, provided, however, that nothing in the ordinances shall be construed (1) to prohibit the construction of buildings on any portion of the site (other than in applicable setbacks) due to ordinances restricting development below the 28 foot bluff; and (2) to require compliance with concurrency provisions and impact fees relating to traffic, drainage, sewer and water as the arts facility project creates no greater impact than the existing Maas Brothers facility. 8. The contract shall require FGCAC to include as part of the arts facility a civic room/auditorium to accommodate not less than 350 nor more than 500 people. 0 PW-•27-1992 i5l'49 FROM TO 46x67 . P.04 Al Galbraith, Esq. Ms. Blizabeth M. Deptula << Page 3 ;. August 27,, 1992 If you have any questions concerning the terms set forth ' above, please do not hesitate to call. { Yo S vPa ly, 6 Timothy K. Maria-Ai TKM-pc i . Cc: Gil MacAxth%= via fax 441-4908 Midge Coward (via fax 585-0]82} (1 5. t 9s A ¦ N PAM "t" ORDINANCE NO. 5263-92 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, PROVIDING THAT A PORTION OF THE "MAAS BROTHERS PROPERTY" BE SOLD FOR $750,000.00 TO THE FLORIDA GULF COAST ART CENTER, INC., TO BE DEVELOPED, MAINTAINED, AND OPERATED AS AN ARTS FACILITY, AS DEFINED HEREIN; DECLARING SUCH PROPERTY TO BE SURPLUS AND NO LONGER NEEDED FOR PUBLIC USE; PROVIDING FOR USE RESTRICTIONS AND A REVERTER CLAUSE; PROVIDING FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 3, 1992, IN CONJUNCTION WITH THE GENERAL ELECTION IN ORDER TO SUBMIT THE PROPOSED SALE TO THE QUALIFIED VOTERS OF THE CITY FOR APPROVAL; PROVIDING AN EFFECTIVE DATE. S WHEREAS, Section 2.01(4) of the Charter of the City of Clearwater provides that no real property shall be given away or donated without the prior approval of the qualified voters of the, City at referendum, and that,the real property must be declared surplus and no longer needed for public use at an advertised public hearing; and WHEREAS, the Florida Gulf Coast Art Center, Inc., has proposed to construct, maintain, and operate an arts facility, as described herein, to be located on a portion of the "Maas Brothers" property at Cleveland Street and Osceola Avenue, to be purchased in accordance with the terms set forth in this ordinance; and WHEREAS, the establishment of an arts facility at this location is consistent with the recommendations of the Maas Brothers Task Force; and WHEREAS, the City Commission finds that the sale of the property to the Florida Gulf Coast Art Center, Inc., for the purpose of establishing an arts facility, as described herein, would be in the best interest of the residents of the City and.would serve a proper public purpose; and a.? WHEREAS, the City Commission finds that the purchase price set forth herein is a fair price for the property, considering the use limitations to be imposed upon the property, the right of reverter to be retained by-the City, and other considerations; and WHEREAS, the City Commission further finds that a sale of the property to E Y 'r fi F I the highest competitive bid above the appraised value would not necessarily be in the public interest, and desires instead to proceed as if the property were being given away or donated subject to the approval of the voters of the City at f. a referendum to be held for such purpose;.now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The eastern half, more or less, of the property known as the "Maas Brothers" property, as described more particularly in Exhibit A to this ordinance (which eastern half, more or less, is referred to herein as the "Property"), consisting of approximately 85,125'square feet, is hereby declared to be surplus and no longer needed for public use. Section 2. The sale of the Property to the Florida Gulf Coast Art Center, Inc. (the "Center"), for the sum of $750,000.00 is hereby approved subject to the i following terms and conditions, which shall be incorporated in the contract for sale and purchase of the Property, shall survive closing, and shall be t incorporated in the instrument of conveyance as covenants and restrictions to run with the land and be binding upon heirs, successors and assigns of the Center: (a) The Property shall be used as an arts facility, which is defined to i mean [insert or attach a definition or description of the facility], and for no other purpose. The first draft of this definition.or description will Fs k; be prepared by the Center, and will include all primary and incidental uses to be allowed. (b) The City shall demolish the existing building on the Property at the f is City's expense prior to commencement of construction by the Center, and the F: Center shall permit access to the Property for the purpose of such demolition. This does not address the question of when the City's liability for the building ends. Liability should shift to the buyer at thq time of closing or on a later, specified date. This point should be addressed in this ordinance as a condition that will survive closing. i 2 [ IIS 'f 1 S 0 This would be a good place to insert a statement that the Center shall have the right to construct its building within the existing footprint after demolition of the building, or something of similar significance, to settle the question of whether the 28-foot elevation line affects the ability to construct an the entire footprint after the building has been demolished. A suggested statement of intent is that the 28-foot elevation restriction is inapplicable because the City did not own the property at the time the Charter was amended to include the restriction, and the original 28- foot elevation line had been destroyed at this site before the Charter amendment. (c) The development of the Property by the Center shall be subject to the applicable ordinances of the City, and the site plan shall be subject to review and approval by the City Commission, in the same manner and subject to the same rules which apply to similarly situated properties. The site plan shall include, but not be limited to, the following: 1. Provision for all required parking on the site; 2. Provision for a restaurant, to be open to the public, containing not less than and not more than seats; 3. Provision for a banquet room. [if this is desired, include minimum and maximum specifications]. 4. Provision for a civic room/auditorium to be not less than 350 and not more than 500 seats; 5. The maximum height of the building shall not exceed feet, measured from' ground level at the northwest corner of the intersection of Cleveland Street and Osceola Avenue; and 6. The maximum floor area of the building shall be square feet. (d) The Center shall observe the following schedule: 1. The closing on the sale shall be not later than November 3, 1994. 2. A complete and acceptable application for the building permit for the building shall be filed with the City not later than November 3, 1995. "Complete and acceptable" means that the application is complete in all respects and 3 n f. r accompanied by plans which comply with the requirements of the Clearwater Code of Ordinances, all fees have been paid, and any variances or approvals of other governmental agencies, if any are required, shall have been obtained. 3. Construction of the building shall commence within six months of issuance of the building permit, and the construction shall be prosecuted to completion such that the certificate of occupancy shall be issued not later than November 3, 1997. (e) [insert requirement re: payment of fees in lieu of taxes, if desired] (f) [insert requirement re: appointment of City Commissioner to Center board, if desired] (g) [insert requirements re: annual financial audit, if desired] ' (h) [insert provision for assignment/nonassignment, and what happens if Center ceases to exist] (i) [insert statement that the title to the Property shall automatically revert to the City of Clearwater, Florida, upon violation or noncompliance with certain of the foregoing restrictions, to be specified; otherwise, word this so i there is a possibility of reverter upon noncompliance following notice to the i Center and a reasonable opportunity to take curative action] Section 3. In addition to the terms and conditions set forth in Section i 2 above, the sale shall be subject to the terms and conditions of a contract for purchase and sale to be entered into between the City and the Center not later than September 30, 1992, the original of which shall be maintained on file in the .Office of the City Clerk. Section 4. The proposed sale shall be subject to the approval thereof by the qualified voters of the City. A special election for such purpose shall be conducted on Tuesday, November 3, 1992, in conjunction with the general election, and the proposed sale shall be deemed approved upon the affirmative vote of a majority of the voters of the City voting at that time upon the following ballot 4 i question: CITY OF CLEARWATER, FLORIDA REFERENDUM QUESTION Ordinance 5283-92 of the City of Clearwater proposes to sell the eastern portion of the "Maas Brothers" property to the Florida Gulf Coast Art Center, Inc., for $750,000.00. The use of the property .i shall be restricted to an arts facility, as defined in the ordinance, with a right of reverter to the City. The proposal includes access and parking easements to the west and north of the building. Shall Ordinance 5283-92 be approved? Yes (for the sale) No (against the sale) Section 5. This ordinance shall take effect immediately upon adoption, except that the proposed sale of the Property shall, be subject to a contract for sale and purchase to be entered into between the City and the Center, and shall e rl be subject to approval by the voters of the City as provided in Section 4. PASSED ON FIRST READING AS AMENDED PASSED ON SECOND AND FINAL READING AND ADOPTED AS AMENDED Attest: Cynthia E. Gou eau City Clerk Rita Garvey 'Mayor-Commissioner Approved as to form and correctness: M. A. Galbraith, Jr. City Attorney i'5 I E t ? r DESCRIPTION OF PROPERTY s ? Insert a description of the property;:' SUBJECT TO [retain easement over S.E. corner for radial return for Osceola Avenue] TOGETHER WITH [describe the. ingress-egress easement to the west of the. ?. building] r L I t r b . . J 6 t=,L . f q . fs r? r FINAL AGENDA - CLEARWATER CITY COMMISSION MEETING - September 3, 1992 (6:00 P.M.) Welcome. We are glad to have you join us. If you wish to speak please wait to be recognized, then state your name, and Qddress_. Persons speaking before the City Commission on other than Public Hearing items shall be limited to 3 minutes. No person shall speak more than once on the same subject unless granted permission by the City Commission. 1. Pledge of Allegiance 2. Invocation 3. Service Awards 4. Introductions and Awards 5. Presentations 6. Minutes of Regular Meeting August 13, 1992 7. Citizens to be heard re items not on the Agenda Not Before 6:00 P.M. - Scheduled Pu is Hearings (1) Presentation of issues by City staff. (5) Comments in support and in opposition: (a) (2) Statement of case by applicant or individual (3 minutes); (b) spokesperson for representative (5 minutes). groups (10 minutes). (3) Statement of case by opposition (5 (6) Commission questions. minutes). (7) Rebuttal by opposition (5 minutes). (4) Commission questions. (8) Final rebuttal by applicant or representative (5 minutes). PUBLIC HEARINGS 8. Public Hearing & First Reading of: (AS) 11. a. Ord. #5280-92 - millage rate for FY92/93 b. Ord. #5281-92 - operating budget for FY92/93 ' c. Ord. #5282-92 - capital improvement program budget for FY92/93 9. Public Hearing & First Reading Ord. #5257- 92 - Relating to LDC, amending Ch. 134, regarding signs and sign regulations; amending Sec. 137.005 (PLD) 10. Public Hearing & First Reading Ord. #5266- 92 - Vacating Fifth Avenue South and portions of Main Street and Fourth Avenue South, lying within Sec. 32-28-16 (CitylDimmitt V92-13)(PW) 12. 13. Public Hearing & First Reading Ord. #5268- 92 - Vacating S 1' of the 10' drainage and utility easement lying along the N side of Lot 78, Clubhouse Estates of Countryside Unit 2, less the E 5' and the W 5', located at 2670 St. Andrews Dr. (Burr V92- 16)(13W) (Cont. from 8/13/92) Variance to Sign Regulations for property (Carillon Rug Cleaners, Inc.) located at 1107 N Ft. Harrison Ave., Palm Bluff First Add., Lots 4, 5, 13 & part of 3 (Rice SV92-10)(PLD) Variance to Sign Regulations for property (Grand Prix Car Wash) located at 1880 Gulf to Bay Blvd., Sec. 13-29-15, M&B 23.07 and Skycrest Unit D, Blk A, part of Lot 5)! and strip 27.5' m.o.l. W of Lot 5 (Grand Prix, Ltd SV92-15)(PLD) .1 9/3/92 14. Variances to Sign Regulations for property located at 655 S. Belcher Rd., Turner's Professional Park, Lot 2 (Fortune Bank SV92-12)(PLD) 15. (Cont. from 8113192) Alcoholic Beverage Distance Separation Variances for property (Ocean Garden Rest) located at 470 Mandalay Ave., Clearwater Beach Park, Lots 43-48, part of 64 and 65-71 (Pelican Two, Inc. AB92-12)(PLD) 16. Alcoholic Beverage Distance Separation Variance for property (Monty's Pizza) located at 2170-2172 Nursery Rd., Sec. 24-29-15, M&B 41.02, 41.03, 41.04 & 41.05 (Laken AB92-14)(PLD) 17. (Cont. from 8113192) Second Reading, Ord. #5181-92 - Amending comprehensive plan as adopted on 11 !15189, including amendments to future land use, coastal zone management and capital improvements elements (PLD) 18. Public Hearing & First Reading Ord. #5263- 92 - IPD Zoning for property located at 22067 US19N, Clearwater 19 Commerce Park, Lot 1 (Kunnen Z92-07)(PLD) To be Cont. to 9117192 19. Public Hearing & First Reading Ord. #5264- 92 - relating to height limitations, amending Sec. 136.004 & 137.005 (LDCA92- 12)(PLD) To be Cont. to 9/17192 Public Hearing - Second Reading Ordinances 20. (Cont. from 8113192) Ord. #5138-91 - Land Use Plan Amendment to Public/Semi-Public for property located on W side of McMullen-Booth Rd., N of Countryside Sports Complex, Sec. 21-28-16, M&B 23.09 less the E 501, 3.8 acres (Bethel Lutheran Church LUP91-1 1) 21. (Cont. from 8113192) Ord. #5139-91 - P/SP Zoning for property located on W side of McMullen-Booth Rd., N of Countryside Sports Complex, Sec. 21-28-16, M&B 23.09 less the E 50', 3.8 acres (Bethel Lutheran Church A91-20) 22, (Cont. from 8/13/92) Ord. #5169-92 - Annexation for property located at SE corner of intersection of Drew St. and Hampton Rd., known as Island in the Sun Mobile Home Park, Sec. 17-29-16, M&B 12.01, 41.0 acres (Kennedy/Roberts/Brown A91-14) 23. (Cant. from 8113192) Ord. #5170-92 - Land Use Plan Amendment to Low Density Residential for property located at SE corner of intersection of Drew St. and Hampton Rd., known as Island in the Sun Mobile Home Park, Sec. 17-29-16, M&B 12.01, 41.0 acres (Kennedy/Roberts/Brown LUP91-15) 24. (Cont. from 8113192) Ord. #5171-92 - RPD-10 Zoning for property located at SE corner of intersection of Drew St. and Hampton Rd., known as Island in the Sun Mobile Home Park, Sec. 17-29-16, M&B 12.01, 41.0 acres (Kenna dy/Roberts/Brown A91-14) 25. Ord. #5236-92 - LDCA deleting "cut-off" provisions for sign variances, amending Sec.134.015 (LDCA 92-08) 26. Ord. #5251-92 - Annexation for property located at 1716 Ragland Ave., Clearwater Manor, Lot 61,0.14 acres (Wrobel A91-03) 27. Ord. #5252-92 - Land Use Plan Amendment to Low Density Residential for property located at 1716 Ragland Ave., Clearwater Manor, Lot 61, 0.14 acres (Wrobel LUP91-03) 28. Ord. #5253-92 - RS-8 Zoning,for property located at 1716 Ragland Ave., Clearwater Manor, Lot 61,0.14 acres (Wrobel A91-03) 29. Ord. #5254-92 - Amending Secs. 135.150, 135.1524 & 136.025 to allow child day care as a conditional use in the IL and RDOP districts (LDCA 92-10) 30. Ord. #5255-92 - Vacation of Pine Street r- ow (formerly Grove St.) lying S of Starr and Savery's Add., elk 3 Lots 3 & 4 and N of Blk 5, Lots 1 & 2 (Church of the Ascension, Inc. V92-02) 9 /319 2 2 ?jr ? CITY MANAGER REP RT CONSENT AGENDA (Items 1131-67) The following items require no formal public hearing and are subject to being approved in a single motion. However, any City Commissioner or the City Manager may remove an item from the Consent Agenda to allow discussion and voting on the item individually. Agreements 31. Agreement with Pinellas County Sheriff to provide latent fingerprint services for the period 1/l/92-12/31/92, for $34,837.57 (PD) 32. Three Year Agreement with Ervin's All -American Youth Club, Inc., for the Club's continuing use and supervision of the Holt Avenue Youth Center, for the period 911192-8131195, with an associated cost of approx. $13,200 per year (PR) Bids & Contracts 33. Renewal of property and casualty insurance coverage for FY93 through A.J. Gallagher, City's Insurance Broker, from 10/1/92- 10/1 /93 in the total amount of $140,515 (AS) 34. Renewal of excess workers' compensation coverage for FY92/93 through the Florida League of Cities, authorize payment of $56,747 (AS) 35. Renewal of flood insurance coverage for FY92/93 for specific city-owned property, authorize payments not to exceed $35,000 (AS) 36: Addendum One to extend contract for claims services with Gallagher Bassett Claims Services, Inc., for fiscal year 10/1 /92-9/30193, for handling "run-out" liability and workers' compensation claims in the amount of $26,589 (AS) 37. Purchase of claims service (liability & workers' compensation) from Johns Eastern Co., Inc., for FY92/93 at an est. $72,944 with a deposit of $44,387 as provided for in the 3 year contract (AS) 38. Renew contract for hardware and operating system software support for the DEC VAX 4000 computer with Network Computing Corp., Charlotte, NC, for the period 10/1192-9130/93, at an est, $25,080 (AS) 39. Extension of contract for A-4 computer maintenance with Unisys Corp., Tampa, FL, for the period 1011192-9130/93, at an est. $31,350 (AS) 40. Extension of contract with North Hercules Cleaners, Clearwater, FL, for dry cleaning, laundry and alteration service, for the period 10/15/92-10/14/93, at an est. $17,840 (AS) 41. Purchase of water treating chemical chlorine from Allied Universal Corp., Inc., Miami, FL, for the period 9/4192-2/28/93, for an est. $30,817.50 (AS) 42. Extension of contract for purchase and installation of carpet with Towne Carpets, Clearwater, FL, for the period 10/8/92- 10/7/93, for an est. total $33,250 (AS) 43. Purchase of 3 personal computers and associated peripherals from National Data Products, Inc., Clearwater, FL, at an est. $17,262; authorize cash purchase of appropriate software to provide office automation for $3,272 (AS) 44. Contract for installation of 5/8", 1 ", 2" & 4" P.E. mains and service lines to Visk Construction, Inc., Riverview, FL, for the period 1011 /92-9130/93, at an est. $375,850 (GAS) 45. Contract for installation, rental and service of ice machines at 9 City facilities to Guy's Ice Machine, Clearwater, FL, for the period 1011/92-9/30/93, at an est. $10,800 (GS) i 913/92 3 46. Contract for vehicle lubrication services to Oil Can Henry's, Clearwater, FL, for the period 1011192-9130/93, at an est. $23,477.60 (GS) 47. Contract for continuation of CentraNet services to GTE South, for the period 8/28/92-8/27/97, for an est. annual cost of $213,933 (GS) 48. Contract for purchase of tire services and new and recap tires to Smith Bandag, Inc., Clearwater, FL, for the period 1011 /92- 9/30195, at an est. $223,336.75 (GS) 49. Extension of contract with CLSI, Inc., Newtonville, MA, for maintenance of the Clearwater Public Library LIBS100 system, for the period 10/1 /92-12/31192, at a cost of $17,927.94 (LIB) 50. Purchase of automated library system including hardware & software from Gaylord Systems, Syracuse, NY, for $286,252; authorize 5 year lease/purchase thru AT&T Credit Corp. for the hardware/software totalling $249,275; authorize $36,977 of additional associated expenditures (LIB) 51. Purchase 3 pre-owned vehicles at the Orlando Auto Auction by Al Davenport, Inc., at a cost not to exceed $33,000 (PD) 52. Purchase of microcomputers & printers for desktop publishing from National Data Products for $29,258.91; authorize 5 year lease/purchase thru AT&T Credit Corp. (PiO) 53. Amendment to existing contract for sludge disposal with Davis Water and Waste Industries, Tallevast, FL, wherein Davis agrees to accept and properly dispose of wastewater residuals in accordance with Ch. 17-640 F.A.C. (PW) 54. Continuation of Clearwater Pass Bridge monitoring program with Kisinger Campo and Associates Corp., for the period 10/1192-9/30193, for $99,500 (PW) 55. Extension of contract to purchase Liquid Alum for the Water Pollution Control Division with General Chemical Co., Parsippany, NJ, for the period 1011 /92- 9/30/93, at an est. $140,000 (PW) 56. Purchase of Polymer from Rhone Poulenc Inc., Parsippany, NJ, for the period 9115192-9114195, at an est. $606,000 (PW) 57. Contract for parking attendant services at Pier 60 & S. Gulfview parking lots to Republic Parking Systems, Chattanooga, TN, for $230,829.83 (PW) 58. Contract for structural reinforcement of the North Sanitary Sewer Interceptor at the EAWPCF to Insituform Southeast, Inc., Jacksonville, FL, for $23,155 (PW) 59. Extension of contract for micrographic services with Micro Image, Inc., Tampa, FL, for the period 10/l/92-9/30/93, at an est. total $15,000 (CLK) Citizens & Staff Requests 60. Complete financing for recent transfer of the "School Board Property" site from the Garage Fund to the General Fund to be used for future airpark development (AS) 61. Request to waive approx. $14,480 in City fees and charges for the 1992 Jazz Holiday Festival; authorize Clearwater Jazz Holiday Foundation, lnc. to approve all vendors and concessionaires (PR) 62. Funding for Phases I & II of a Hydrogeological Evaluation of the Potential for Development of a Brackish Groundwater Supply in the Clearwater Area to an upper limit of $86,395 (PW) 63. Authority to bring suit for quiet title action for city truck (CA) 64. Authorization to file mortgage foreclosure action on 1012 N. Madison Ave. (Alfred McCloud)(CA) Change Orders 65. C.O.#1 to contract with CenTech Utility Corp. for the Potable Water Well Restoration Project, increasing the scope of work and value of contract by $20,680 for a new total of $360,073 (PW) 66. C.O.#1 to the 1992 Subdrain Contract to Keystone Excavators, Inc., increasing the amount by $16,750 for a new total of $189,113 (PW) 9/3/92 4 Plans & Plats 67. Amended Preliminary Site Plan for Clipper Cove 11 (aka Bayview Towers, Islander) located at the NW corner of Dory Passage Way and Island Way (Chase/Dore)(PLD) OTHER ITEMS N C ITY MA A ER REPORT 68. Approve New City Hall site and give 71. (Cont. from 8113/92) First Reading Ord. direction to staff regarding design #5219-92 - Roll-Off Container ordinance procedure revision, amending Secs. 54.20 thru 54.22 69. First Reading Ord. #5283-92 - Florida Gulf and 54.24 thru 54.26, repealing Sec. Coast Art Center leasing Maas site, and 54,23 (PW) establishing a ballot question 72. Parks & Recreation Board - 2 appointments, 70. First Reading Ord. #5265-92 - amending 1 term to begin immediately and expire Ch. 146 regarding flood protection, 8131195 and the other to begin i'011 and redefining time limit of cumulative total for expire 9/30195 (CLK) definition of substantial improvement to 73. Clearwater Housing Authority - 1 Clearwater' Beach and Sand Key (PLD) appointment (CLK) 74. Other Pending Matters CITY ATTORNEY REPORTS First Read ing Ordinances 75. Ord. #5267-92 - Relating to finance and taxation, amending Sec. 44.21 regarding exemptions from public service tax 76. Other City Attorney Items 77. City Manager Verbal Reports 78. Other Commission Action .s Discussion regarding replacement of Comm issioner Regulski- 79. Adjournment SI 913/92 5 ?C f ' [ CITY OF CtEARWATER' Interdep artmental Correspondence t.' TO: Mayor Garvey FROM: Sally Thomas, Agenda Clerk 1 SUBJECT: Invocation , 7 COPIES: Cynthia Goudeau, City Clerk . " DATE: September 3, 1992 ._ 1 ' r Tonight's invocation will be given by Rev. John Palarine, Episcopal Church of the Ascension, 701 Orange Ave., 34616 ` t 555 °? f! .' [ ` , i 1/ . I 0 x..y CLEARWATER CITY COMMISSION Agenda Cover Memorandum Item # 9/03/92 rEMeeting Date: Subject: SERVICE AWARDS Recommendation/Motion: The following; employees be presented with service awards for their length of service in the emplaymcnt of the City of Clearwater. ? and that the appropriate officials be authorized to execute same. BACKGROUND: 5 Fears Judith A. Smith Police N Hilliard Sanders Public Works/Infrastructure/public Service James D. Betts, Jr, Gas System Walter S. Miksza Gas System Charyll O. Jones Public Works/Utilities/Solid Waste Derrick Gaiter Public WOrks/Utilities/Solid Waste IQ Years: Brenda L. McLaughlin ! _]5 , Years: r Thomas E. Downes Margaret G. Guenther Birgitt S. Dowd Frederick R. Casale 25 Years: Alvin E. Washington } Reviewed by: Legal Budget Purchasing Risk Mgmt. DIS ACM Other Submitted by; City Manager Originating Dept.: uman Resources User Dept.: Advertised: Date; Paper; ? Not required Affected parties ? Notified ? Not required Commission Action- 0 Approved ? Approved w/conditions ? Denied ? Continued to: Attachments; ? None Police Public Works/Utilities/Solid Waste DOAS/UCS Parks & Recreation Police Department: Public Works/Utilities/Solid Waste Costs: Total Current FY Funding Source: Ci Capt. Imp. ? Operating Other Appropriation Code: ,F f TO: Mayor Rita Garvey FROM: Denise Wilson, Assistant to City Manager/Office COPIES: City Commissioners, Michael Wright, Cyndie Goudeau SUBJECT: Presentations at the September 3, 1992 City Commission meeting DATE: September 3, 1992 The following presentations will be made at the August 31, 1992 Work Session. Ely ? SERVICE PIN 5 ears i i . Charyll Jones, Public Works/Utilities/Sol id Waste ' 25 yea Alvin Washington, Public Works/Utilities/Solid Waste (dinner and a day off) Employee of the Month - August, 1992, Al Hinson, Parks and Recreation Department) 9 PRESENTATIONS Compliance of sign code - Sharon Harris, Drew Village f :t 1= I E ' rlf?:'J { {t ?1 ¦> Agenda No. MEMORANDUM TO: Meeting Date: 9/3/92 'The City Commission of the City of Clearwater SUBJECT: City Commission 'Minutes of Regular Meeting 8/13/92 RECOMMENDATION: Approve minutes as submitted by the City Cleric ? And that the appropriate officials be authorized to execute some. BACKGROUND: Subject minutes were submitted to the Commission with regular daily mail. Commission Disposition: Follow-up Action: 1. Approved as Recommended/Revised/Conditional 2 Continued to daft , Submitted by: Advertised: ? Affected Costs: ?Attachments: Date: Porties Funding Source: Notified ? Capitol Improve- City Manager Paper: of Meeting meat Budget ati B d E3 O t E3 Not Required ?Not Required ge per ng u ? Other Originating Deportment: Date BSequential Appropriation Code Reference ? None AS 1 T.. MEMORANDUM` PUBLIC F TO: Mayor and City Commission HEARING FROM Tina Wilson, Budget Director' VIA: Michael J. Wright, City Manager L ' SUBJECT: Changes to the 1992/93 Recommended Budget ' 3 ;. DATE: August 27, 1992 k. y The fallowing attachment is included for your review detailing the proposed revisions to the City Manager's 1992193 Operating Budget at the First Public Hearing on September 3, 1992. The revisions are reflected in the Budget s Ordinances. r,j :[t ' f?r? REVISIONS PUBLIC HEARING September 3, 1992 GENERAL FUND REVENUES: Sales Tax Revenues Increase S 220,220 Intergovernmental Revenue Das:reaase $ 78,220 The budget adjustments reflect increases in Sales Tax revenue of $220,220 and Cigarette tax of $10,800, and a decreuse'in State Revenue Sharing of $89,020. These changes are based on revenue estimates provided by the State of Florida Department of Revenue which were not available until after the City Manager's Recommended Budget was released. GENERAL FUND EXPENDITURES: Non-Departmental Other Operating Increase $115,000 The budget' adjustment includes $130,000 to fund the, Summer Youth Program for the fiscal year 1992193 as requested by the Commission, and a decrease of $15,000 to Professional Services correcting an error discovered by stuff in which the services for the Employee Assistance Referral Program were included in both the Operating budgets of the Human Resources Department and the Non-Departmental division. , Parks & Recreation Other Operating Increase $ 27,000 The budget adjustment proposes an increase of $ 13,000 to fund the Midnight Basketball Program and $14,000 for the Holt Avenue Pool Program to continue for the summer months of FY 1992193. WATER AND SEWER FUND EXPENDITURES: Other Operating Increase $ 611,000 The budget adjustment reflects (lie $ 611,000 increase to Water Inventory Purchases from the County due to increases consumption as proposed by staff at the Budget Workshop on August 25, 1992. SOLID WASTE FUND REVENUES: Operating Revenue Increase S 1,707,900 The budget adjustment reflects an increase of $ 1,707,900 in Solid Waste Operating Revenues recognizing the increase in Solid Waste rules approved by the Commission on July 16, 1992. PARKING FUND REVENUES: Other Revenue Increase $ 150,000 The budget adjustment recognizes the interest earnings on the unspent funds in the East End Land Acquisition project that were originally contributed from the Parking Fund as discussed by Staff at the August 25, 1992 Budget Workshop. i MILLAGE ORDINANCE ORDINANCE NO. 5280-92 tf AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, DECLARING THE MILLAGE RATE TO BE LEVIED FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1992, AND ENDING SEPTEMBER 30, 1993, FOR OPERATION PURPOSES INCLUDING PENSIONS AND DEITr SERVICE, AND ROAD AND DRAINAGE CAPITAL IMPROVEMENTS; PROVIDING AN EFFECTIVE DATE. WHERE-AS, the estimated revenues to be received by the City for the fiscal year beginning October I, 1992, and ending September 30, 1993, from ad valorem taxes is $20,477,340; and WHEREAS, based upon the taxable value provided by (lie Pinellas Cotinty Property Appraiser, 5.1158 mills are necessary to generate $20,477,340; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. It is hereby determined that a tax of 5.1158 mills against the non- exempt real and personal property within the City is necessary to raise the stuns to be appropriated for operation purposes, including pensions and debt service, road and drainage capital improvement projects, for the fiscal year beginning October 1, 1992. Section 2. The levy of 5.1158 mills constitutes a 1.06% decrease from the rolled back rate. Section . This ordinance shall take effect October 1, 1992. PASSED ON FIRST READING PASSED ON SECOND AN13 FINAL READING Rita Garvey', Mayor-Commissioner F i f {' Y 1 i Attest: Cynthia E. Goudeau, City Clerk ''- " ?;_ ' .." ' Approved as to form and correctness: 1:• Jr. Cit Attorney Galbraith M A , . . i j,q i 4 ?A L'i OPERA'T'ING ISUDGET ORDINANCE: ORDINANCE NO. 528I-92 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOP'T'ING AN OP1RATING BUDGE'T' FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1992, AND ENDING SEPTEMBER 30, 1993; AUTHORIZING THE CITY MANAGER TO ISSUE SUCH INSTRUCTIONS THAT ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE SERVICE PROGRAMS SO AUTHORIZED; AUTHORIZING THE CITY- MANAGER TO TRANSFER MONEYS AND PROGRAMS AMONG THE DEPARTMENTS AND ACTIVITIES WITHIN ANY FUND AS PROVIDED BY CHAPTER 41 OF THE CLEARWATER CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has submitted an estimate of the expenditures necessary to carry on the City government for the fiscal year beginning October 1, 1992, and ending September 30, 1993; and WHEREAS, an estimate of the revenues to be received by the City during said t period from ad valorem taxes and other sources has been submitted to the City Commission; and WHEREAS, a general summary of the operating budget, and notice of the times and places where copies of the budget message and operating budget are available for inspection { by the public, was published in a newspaper of general circulation; and WHEREAS, the City Commission has examined and carefully considered the proposed budget; and WHEREAS, in accordance with Chapter 41 of tht ' Clearwater Code of Ordinances, the City Commission-conducted a public hearing in City Hall on September 3, 1992) upon said budget and tax levy; now, therefore, ' BE IT ORDAINED 13Y THE CITY COMMISSION OF THE: CITY OF CLEARWA`I'ER, FLORIDA; Section 1. Pursuant to the City Manager's Annual Report and Estimate for (lie fiscal year beginning October 1, 1992, and ending September 30, 1993, a copy of which is on < r f t S file with the City Cleric, the City Commission hereby adopts a budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. The budget as adopted shall stand and be the budget of the City for said fiscal year, subject to the authority of the City Commission to amend or change the budget as provided by Section 41.06 of the Clearwater Code of Ordinances. Section 3, The City Manager is authorized and directed to issue such instructions and directives that are necessary to achieve and accomplish the service programs authorized by the adoption of this budget. Section 4, The City Manager is authorized for reasons of economy or efficiency to transfer part or all of any unencumbered appropriation balance among programs within an j operating fund, provided such action does not result in the discontinuance of a program. Section _S. It is the intent of the City Commission that this budget, including amendments thereto, is adopted to permit the legal appropriation and encumbering of funds for the purposes set forth in the budget. All appropriated and encumbered but unexpended funds at the end of the fiscal year may be expended during the subsequent fiscal year for (lie purposes for which they were appropriated and encumbered, and such expenditures shall be deemed to have been spent out of the current budget allocation. It shall not be necessary to reappropriate additional funds in the budget for the subsequent fiscal year to cover valid open encumbrances outstanding as of the end of the current fiscal year. Section 6. Should any provision of this ordinance be declared by any court to be invalid, the same shall not affect the validity of the ordinance as a whole, or any provision thereof, other than the provision declared to be invalid. Section 7. This ordinance shall take effect October 1, 1992. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AS AMENDED Rita Garvey, Mayor-Contntissioner 4 17 G f EXISIBIT A ' 1992-93 BUDGET REVENUE 1. • Actual Budgeted Budgeted Revenues Revenues Revenues 1990/91 1991/92 1992/93 GENERAL FUND: Property Taxes •,` 19,020,304 19,096,733 '18,992,340 Sales Tax Revenue 3,430,399 3,494,400 3,770,220 . Franchise Fees 4,949,635 4,955,700 5,147,520 Utility Taxes 9,530,675 9,364,325 10,090,080 t Licenses & Permits 2,051,143 2,082,000 2,007,000 Fines, Forteitures & penalties 1,363,932 1,338,200 1,401,000 Intergovernmental Revenue 6,906,28S 6,488,920 6,624,940 Charges for Current Services 1,061,598 887,690 949,940 Use & Sale of City Property & Money 1,218,363 1,050,640 1,113,750 Miscellaneous Revenue 188,081 132,500 130,000 Administrative Service charges 2,561,920 2,595,230 2,703,820 Other service Charges 1,742,657 1,850,980 1,919,810 Interfund Charges 3,475,210 2,868,580 2,752,910 Transfer from Surplus 0 0 2,941,330 TOTAL GENERAL FUND 57,500,202 56,205,898 60,544,660 a: € SPECIAL REVENUE FUNDS: Special Development Fund 9,165,497• 8,456,785 11,727,680 Special Program Fund 1,798,467 1,000,000 901,000 s? Utility Fund 52,476,672 59,563,470 61,082,270 Bridge Fund 2,252,678 1,701,600 1,630,100 :'. Marina Fund 1,728,912 1,743,750 1,591,640 Parking Fund 2,256,856 2,460,210 2,750,850 Pier 60 Fund 306,945 326,000 72,880 i Airpark Fund 48,951 0 0 s. . Administrative Services 3,820,812 3,910,415 4,161,740 General. Services 2,448,997 2,475,480 2,604,030 e Fleet Maintenance 5,843,289 6,735,070 7,092,910 Insurance Fund 7,339,992 7,132,000 6,655,150, ' TOTAL•ALL FUNDS 146,988,270 151,710;678 160,814,910 j 4 •1 ' i i 1 . i• ' ' 4 t ! I 1 EXHIBIT A (continued) 1992-93 BUDGET EXPENDITUR ES Actual Budgeted Budgeted Expenditures Expenditures Expenditures 1990/91 1991/92 1992/93 GENERAL FUND: city commmission 211,328 126,525 128,010 3 Administration 905,933' 780,340 775,600 Public Information Office 173,784 182,390 163,870 Economic Development 94,802 99,080 104,530 Legal 603,585 658,488 687,310 City Clerk 449,177 550,450 524,220 'j Administrative Services 1,541,284 1,633,670 1,875,920 ? t Human Resources 639,898 721,380 823,960 Non-Departmental 3,627,017 3,881,945 5,753,140 Emergency Management 6,553 5,380 7,200 Police 16,425,044 17,561,270 18,768,990 Fire 8,661,403 8,999,630 9,506,750 Public Works - Engineering 2,042,912 2,110,340 2,158,300 Public Works - Airpark 62,745 55,000 64,380 Public Works - Environmental 210,964 214,510 224,230 Public Works - Transportation 2,642,565 2,637,570 2,'450,870 Public Works -- Infrastructure 2,083,364 1,794,480 1,452,620 Planning & Development 2,564,723 2,777,760 2,769,480 Parke & Recreation 7,963,312 8,428,110 9,101,800 .; Sailing Center 0 57,150 75,040 Library 2,781,601 2,940,430 3,128,440 TOTAL GENERAL FUND 53,691,994 56,205,898 60,544,660 ALL OTHER FUNDS: Special Development Fund 10,646,019 8,456,785 11,350,480 Special Program Fund 1,760,648 1,000,000 811,000 1 Utility Fund 60,150,746 59,266,980 57,277,640 Bridge Fund 2,101,836 1,102,690 1,048,560 Marina Fund 1,625,030 1,669,450 1,564,240 Parking Fund 4,784,502 2,460,210 2,600,850 Pier 60 Fund 301,922 308,910 64,820 Airparl: Fund 62,745 0 0 ,Administrative Services 3,605,140 3,910,415 4,131,090 General Services 2,377,679 2,385,570 2,604,030 Fleet Maintenance 6,564,678 6,735,070 7,092,910 ' Insurance Fund 4,140,080 5,877,760 5,676,290 TOTAL ALL FUNDS 151,813,019 149,379,738 I 154,766,570 CAPI'T'AL Ih'II'ItOVI-l1,II1N'I' ORDINANCE ORDINANCE NO. 5282-92 AN ORDINANCE OF 111E CITY OF CLEARWATL"-R, FLORIDA, ADOPTING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1992, AND ENDING SEPTEMBER 30, 1993; APPROVING THE SIX-YEAR CAPI'T'AL IMPROVEMENT PROGRAM WHICH SHALL BE REEVALUATED AT THE BEGINNING OF EACH FISCAL YEAR; AUTHORIZING THE CITY MANAGER TO ISSUE SUCH INSTRUCTIONS THAT ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE CAPITAL IMPROVEMENTS SO AUTHORIZED; AUTHORIZING THE CITY MANAGER TO TRANSFER MONEY BETWEEN PROJECTS IN THE CAPITAL IMPROVEMENT PROGRAM; APPROPRIATING AVAILABLE AND ANTICIPATED RESOURCES FOR THE PROJECTS IDENTIFIED; PROVIDING AN EFFECTIVE DATE. , WHEREAS, the City Manager has submitted a proposed Six-Year Capital Improvement Program, and has submitted an estimate of the amount of money necessary to carry on said Capital Improvement Program for the fiscal year beginning October 1, 1992, and ending September 30, 1993; and WHEREAS, an estimate of the resources available and income to be received by the City during said period from ad valorem taxes and other sources has been submitted to the City Commission; and WHEREAS, a general summary of the Capital Improvement Budget, and notice of the times and places when copies of the budget message and capital budget are available for ' inspection by the public, was published in a newspaper of general circulation; and WHEREAS, the City Commission leas examined and carefully considered the proposed budget; and WHEREAS, in accordance with Chapter 41 of the Clearwater Code of Ordinances, the City Commission conducted a public hearing in the City Hall upon said proposed budget on September 3, 1992; now, therefore, f i ,} BE IT ORDAINED BY THE CITY COMMISSION Or THE CITY Or CLEARWATER, FLORIDA- Section 1. Pursuant to the Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 1992, and ending September 30, 1993, a copy of which is on file with the City Clerk, the City Commission hereby adopts a budget for the capital improvement fund for (lie City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. The Six-Year Capital Improvement Program and budget, a summary of which is attached hereto, marked Exhibit B, is approved in its present form, but prior to the beginning of each fiscal year the City Commission sliall reevaluate priorities, hold public hearings and formally adopt additions or corrections thereto. Section 3. The budget as adopted shall stand and be the Capital Improvement ' Program budget of the City for said fiscal year, subject to the authority of the City Commission to amend or change the budget as provided by Section 41.06 and 41.08 of the Clearwater Code of Ordinances. Section 4. The City Manager is authorized and directed to issue such instructions and directives that are necessary to achieve and accomplish the capital improvements authorized by the adoption of this budget. Section 5. The City Manager is authorized to transfer appropriations within the capital budget, provided such transfer does not result in changing the scope of any project or the fund source included in (lie adopted capital budget. Section 6. Should any provision of this ordinance be declared by any court to be invalid, the same shall not affect the validity of the ordinance as a whole, or any provision thereof, other than the provision declared to be invalid. Section 7. This ordinance shall take effect October 1, 1992. i 4 4 I? E f 5 1 . ? t EXHIBIT A r CAPITAL IMPROVEMENT PROGRAM FOR 1992/93 Original i.: Budget X992/93 FUNCTIONS: Police Protection 760,000. j Fire Protection 83,680 New Street Construction 1,323,000 Mayor Street Maintenance 1,440,000 Sidewalks & Bike Trails 300,000- .F .. Storm Drainage 34,000 Intersections 735,000 Parking 150,000 Land Acquisition 500,000 Park Development 960,00 ` Marine Facilities 295,000 Libraries .487,000 Garage. 1,882,400 `. Maintenance of Buildings 466,525 !. City Hall 7,509,320 j' Miscellaneous 260,680 Stormwater Utility ! 2,577,920 Water System 960,000 Sewer System 3,750,000 ;i Gas System , 1,405,000 Solid Waste 2,330,000 TOTAL 28,209,525 . f' EXHIBIT B RESOURCES APPROPRIATED FOR CAPITAL PROJECTS 1992/93 c Original Budget 1992/93 GENERAL SOURCESi General Operating Revenue 789,005 General Revenue/County EMS 73,680 General Revenue/Surplus 2,941,330 Special Development Fund 1,278,760 Road Millage 1,535,000 ; Infrastructure Tax 6,176,920 + Transportation Impact Fees 813,000 Drainage Impact Fees 34,000 Local Option Gas Tax 1,200,000 Bond Interest Fund 227,310 ' SELF-SUPPORTING FUNDS: ;.I Bridge R & R 100,000 Marina operating Revenue 9s;000'. Parking Operating Revenue 150,000 Utility Sytatem: Water & Sewer Revenue 2,480,000 Water R & R 605,000 ?,. Sewer Impact Fees 11050,000 3 Sewer R & R 650,000 Gas Revenue 819,000 Gas R & R 210,000 ' Solid Waste Revenue 330,000 Stormwater Utility 1,127,920 INTERNAL SERVICE FUNDS: Administrative Services 4,000 Garage Fund 65,900 General service 250,000 it t ? BORROWING - GENERAL SOURCESs i ?c Lease Purchase 1,007,200 BORROWING - OTHER FUNDS: Gas Bond Issue 380,000 Solid Waste Bond 2,000,000 Garage/Lease Purchase 1,816,500 TOTAL ALL FUNDING SOURCES: 28,209,525 F L1 E 1•. CIP EXPENDITURE SUMMARY BY FUNCTION FY 1992.93 TH ROUGH FY 1997.98 CAPITAL IMPROVEMENT FUND CITY OF CLEARWATER Schedule of Planned CIP Expenditures Function 1992-93 1993-94 1994-95 1995-96 1996-97 1997-98 Total Police Protection 760,000 608,000 350,000 400,000 450,000 450,000 3,018,000 Fire Protection 83,680 343,930 94,680 95,430 436,180 101,110 1,155,010 ,New Street Construction 1,323,000., 3,250,000 3,000,000 4,750,000 2,500,000 1,000,000 15,823,000 Major Street Maintenance 1,440,000 1,440,000 1,440,000 1,440,000 1,440,000 1,440,000 8,640,000 Sidewalks & Bike Trails 300,000 400,000 400,000 40(),000 650,000 500,000 2,650,000 Storm Drainage 34,000 0 ,0 0 0 0 34,000 Intersections 735,000 735,000 535,000 535,000 635,000 285,000 3,460,000 Parking 150,000 150,000 150,000 150,000 150,000 150,000 900,000 Land Acquisition 500,000 300,000 300,000 466,500 350,000 0 1,916,500 Park Development 960,000 815,000 225,000 770,000 735,000' 439,500 3,944,500 Park Beautification 0 0 170,000 0 0 0 170,000 Marine Facilities"! 295,000 205,000 820,000 105,000 105,000 105;000 1,635,000 Libraries 487,000 450,000 460,000 470,000 480,000 490,000 2,837,000 Garage 1,882,400 2,148,334 2,341,6B4 2,552,436 2,782,155 3,032,549 14,739,558 Maintenance of Buildings 466,525 199,500 167,000 271,000 100,800 89,900 1,294,725 City Hall 7,509,320 2,200,000 0 0 0 0 9,709,320 Miscellaneous 260,680 70,000 1,004,100 160,000 0 0 1,494,780 4tormwater Utility 2,577,920 1,453,500 1,250,000 1,250,000 1,250,000 1,250,000 9,031,420 Water System 960,000 1,075,000 3,075,000 3,085,000 3,065,000 3,085,000 14,365,000 Sewer System 3,750,000 2,200,000 2,400,000 2,400,000 2,400,000 2,400,000 15,550,000 Gas System 1,405,000 ••1,4Z6,200 1,464,200 1,497,500 1,533,960 1,565,000 •8,891,800 Solid Waste 2,330,000 345,000 370,000 '.365,000 - 415,000 450,000 4,275,000 28,209,525 19,814,464 20,016,664 21,162,866 19,498,035 16,633,059 125,534,613 3 5 1 1 CQ??1 S To- ' Cp?lNlISSI(?N PRESS O?tO AUG 2 6 199 MEMORANDUM CITY CLERK TO: The Honorable Mayor and Members of the City Commission FROM: M. A.-Galbraith, Jr., City Attorney ; RE: Line Item 480 ("Other Services or Charges") DATE: August 26, 1992 For your information, Line Item 480 in the legal Department's budget is used for expenses such as witness -Fees, service of process fees, deposition transcripts, and the like. As of July 31, 1992, we have spent $3,641.00 of the $20,000.00 budgeted for this item, or 18.2 percent with two months to go in the fiscal year. Historically, this used to be a larger item, but it has been pared down steadily over the years. When I first came here, it was a '$30,000.00 item. The next year was a busy year and our expenses required a budget amendment. Since then, this line item has had it ups and downs: Fiscal Year Budget Amended Budget Actually Spent_ 1986-87 30,000.00 85,000.00 76,048.00 1987-88 50,000.00 n/c 18,591.00 1988-89 32,600,00 n/c 5,035.00 1989-90 30,990.00 30,600.00 3,077.00 1990-91 30,600.00 n/c 6,218.00 1991-92 20,000.00 n/c 3,641.00* *as of 7-31-92 n/c = no change If you wish to reduce this item further, I cannot suggest a "good number." This is not a linear, predictable expense item. Please let me know if you need further information regarding this item. MAG : a Copy: Michael Wright, City Manager 5 r1 rte' . i 4 5 r 1 ! ? { E 6 -e.k t IX 112 ` ? NAACP s11'CV t 9a9 r?'A+A1ai NAACP CLEARWATER/UPPER PINELLAS BRANCH P.O. BOX 2073 CLEARWATER, FLORIDA 34617 September 1, 1992 ? AN S 'n' , "?iltisi?bS ON Honorable Rita Garvey M:itg ?Ep 03 ?g92 Mayor, City of Clearwater P. o. Box 4748 CITY CLERK Clearwater, FL 34618-4748 Dear Mayor Garvey:, The attached document was prepared by members of the Clearwater/Upper Pinellas Branch NAACP for presentation at the City of Clearwater-s Commission Meeting scheduled for September 3, 1992. The NAACP is prepared to defend the Office of Community' Relations in their enforcement of civil and human rights for all citizens of Clearwater. The document is clearly written and states exactly the facts as known through our direct communication with members of the office and the community. Your immediate attention to this information is requested. Thank you, C. Walter C. Campbell President Attachment ' copy: Michael Wright, City Manager„ Honorable Lee Regulski, Commissioner Honorable Sue Berfield, Commissioner Honorable William Nunamaker, Commissioner Honorable Richard A. Fitzgerald, Commissioner I ?• 0 `,1 •j i E ?ry j i ?i I CLEARWATER OFFICE OF COMMUNITY RELATIONS BUDGET ANALYSIS CLEARAATER/UPPER PINELLAS COUNTY BRANCH NAACP A number of issues have surfaced regarding the support provided by the City of Clearwater to the Office of Community Relations. Notable among these is the issue of budgetary support. Other issues have been raised such as the location of the office of Community Relations, along with the Affirmative Action Office, in the Gas Plant Building in the maintenance yard on North Myrtle; however, the budget is our major concern at this time. it is the contention of the Clearwater/Upper Pinellas County Branch of the NAACP that the city of Clearwater has failed •'%-.o provide adequate funding support for the OCR from its inception. The most recent budgetary recommendation by the City Manager takes this lack of support to a new low. When looked at over the period of the last 14 years, it becomes quite clear that the City of Clearwater has short changed the office of Community Relations at every opportunity. in 1978 the City budget allocated approximately $97,000 dollars in ad valorem tax dollars to the office. In 1992 the City Manager recommends $92,330 be budgeted in ad valorem tax dollars for the office. At first glance, and without some logical review, it would appear that the Manager is only asking for a reduction of $4670 or 4.8% in the office budget. However, we must remind you that the reduction we are describing is not a reduction from the current (1991-92) budget level, but a reduction from the budget of 1978. The Manager proposes to provide a level of support for the office which is almost $5000 less than was allocated to support the office fourteen (14) years ago. We are very concerned. Consider some facts: in 1978 the office :had three` staff persons: the Coordinator of -00=-unity r.eiatic:n.,, ' a JU'eld• rapresentatiYe and cne clerical, person. Today, the 'Office has eight' (3) staff persons: the Director, a Compliance supervisor, 3 investigators, 1 intake specialist, and two clerical persons. The workload of the office has grown from a basic community relations oriented office to a full fledged law enforcement operation,, with a strong community- relations component. The original purpose of the office was to reduce inter--group tension and promote good relations among the cit-Lzens. Today the office enforces anti-discrimination ordinances adopted a;' the local level and, by contract or int-3ragency agreement, a county ordinance, state and Federal laws in addition to the community inter-group relations role it has had all these years. The office receives inquiries from thousands of citizens annually. Ovor four hundred of these 4 .nquiries will become official complaints of discrimination which must be investigated to determine whether or not some violation of the law has actually occurred. If violations are identified, the office must take: steps to make the victim of the unlawful actions whole again. This means developing acceptable remedies which could be supported an a court of law. This is compounded by the need for staff to be available in the community to help with crisis intervention, fair housing outreach and education, along with fair employment outreach and education activities. Each activity benefits the city as a whole and we oppose losing them because of antiquated ideas and attitudes. During the last fourteen years the actual budget of the office of community Relations has grown to its current total of $408,090. Two thirds of this money is provided by non-City of Clearwater sources. The office of Community Relations through interlocal agreement and contracts received approximately $257,000 last year. This represents 630 of the budget. At first blush one might ask: What is the Problem? It's very simple. The Federal funds received by the office are soft dollars. They are funds which are the result of Federal Grant Programs and require reauthorization on an annual basis. The second. problem is, that in both the HUD and EEOC contracts, the amount the office of Community Relations receives is based on a set fee for the processing of discrimination charges. The fee is not based on the actual cost of investigating a charge, nor is it based on the cost to the agency for staffing. It is a sample national contract amount which in the case of HUD is currently $850.00 per charge and in the case of EEOC is $450.oo per charge. The third problem here is the Federal funds were never intended to provide permanent operational support for the office. They were provided to supplement the efforts of the City of Clearwater in the enforcement of its local ordinance to the extent that it was equivalent to the Federal law. The City is expected to provide the basic support for enforcement of its own ordinances, and this Is where the problem lies. The City of Clearwater has-failed to adequately maintain its level of support over the years. This year-i.: would appear that an effort is underway to actually. financially cripple the Officd of community kRelation3. The Ga.ty Manager's Budget rscommendation for 1992-93 represents a real reduction of 48.4% in the.City of. Clearwater's commitment to the budget. In the current fiscal year the -city's portion of the budget was $179,090, while other sources provided $229,000 for a total of $408,090. The Manager has proposed that the budget for 19,92-93 be $349,330. Outside sources would provide.$0.57,000 or 74% of the budget. The city through ad valorem taxes would provide.$92,330 or only 26% of the office budget. The difference in the amount of city support from -4-,he current year is $86,,760 which is a_.reduction of 48.4% on the city's part. In effect, the budget proposal put forward by the Manager appears intended to destroy the ability of the office to perform the function for which it was created. This conclusion is based on our understanding that both Federal agencies will reduce the amount of support they provide by the same proportions the city reduced its effort. The other factor which causes us to reach this conclusion is the failure of the Manager to heed the recommendations of a consultant whom he hired to review the operation of the Office of Community Relations. That study indicated that in order to meet the growing caseload the city should increase the staff in the office, not reduce it. We are further confounded by the fact that other divisions and departments within city government were allowed to increase their budgets by up to 5% over the current level. The Manager's recommendation appears to be designed to destroy the ability of the office to function. We can only conclude that the reason for this recommendation is to provide a justification to do away with the function. A) Re can further conclude that this action must be based on the perception that this office only serves the Slack community and, therefore, is expendable. Our conclusion is buttressed by the fact that-the office was moved out of its visible and accessible -location in the City Hall Annex to its current location in" the maintenance-yard of the Gas Plant because it is "closer to the community". We questioned the location at that time and we feel that our suspicions were justified, viewed in light of this proposed budget.' our position is further buttressed by the manager's attitude with regard to the position of Compliance Supervisor. The ramifications regarding this particular position are extremely alarming. This position was in the 1990 budget at over $35..000. Then a candidate with impeccable qualifications was identified. This candidate worked for the social Security Administration and was available through the Federal.- intergovernmental Personnel Act Loan Program. The Federal agency would pay the salary for a period of time with a minor contribution from the city. The candidate was employed and has done an outstanding job for the city. During the first year, the City did not make any contribution to the-employees salary. This saved the city some $35,000+. The Social Security Administration has indicated;•:hat in order to continue the-IPA process the city would neee to maks'a cortr:.:oution.c)f $15,000 dollars for the second year of the agreement. Despi-.e the fact that the position of Compliance Supervisor is an authorized position within the structure of the office of Community Relations budgeted at over $35,000 annually, the Administration's response is that they will not pay anything. Again, it is hard to understand the reasoning being shown here. The City is asked to pay less than half of the cost of a position which it-has allocated to the office. It-is our position that the job of compliance Supervisor is critical -to the successful and timely fulfillment of the responsibilities of the office. We can only conclude that this is further evidence of an effort to destroy the ability of.the office of Community Relations to perform. We are disheartened and outraged by the recommendation of the City Manager. It is our conclusion that the City of Clearwater is on a deliberate path aimed at reneging on its responsibility to enforce the Clearwater Community Relations Ordinance. It is our conclusion that the City has determined that it no longer wishes to protect the constitutionally guaranteed rights of -the citizens of the city to be free from discrimination. It is our conclusion that, based on prejudice, the City Manager has decided to allow minorities, women, the aged; those with disabilities and others to take their chances when it comes to obtaining their legal rights. It is clear that if the current budget is adopted, it will be impossible for the office to meet the demand of the people who so desperately need it. The issue before the City Commission is clear. Will the city support Civil Rights enforcement or not? The budget infers the latter. There is an apparent plantation mentality at work here, which we believed had long been abandoned-by public policy makers and administrators. The Clearwater/Upper Pinellas County Branch of The NAACP calls upon the city Commission to reject the recommendation of the City Manager with regard to the budget for the Clearwater Office of community relations. The Commission should approve a budget which provides the office of Community Relations with the ability to adequately process the caseload projection for the coming year. At a minimum, this means approving a budget which is comparable to the current fiscal year. Prudence would indicate the need for support for the use of part time workers to'help deal with the increased case load. Ideally funding should be provided for additional permanent staff. We further recommend that the City Commission direct staff to identify adequate, accessible space within or adjacent to the City Hall Annex in which to house the office of community Relations. The Gas Plant site might be adequate for a temporary location; however it is not appropriate and sends the° wrong message to the business community and the citizens, in T general, relative to the- importance of the community relations function. The Commission should also immediately approve authorization for a $151000 good faith payment= to the social Security Administration in support of the IPA Program. To date, this `would be the most important investment the city could evar make. The message this Commission sends to the community tonight is s-a message to any person or business considering relocating to the City of Clearwater. It is simple. Either -vre believe in the enforcement of our Civil Rights ordinance or we do not. Revision of the budgs•t to ref.lec the recommedations above sends a.mesvage of hope. Anything else ww11--simply reflect a•mantality which we thought had been eliminated f=om public life here in Clearwater. 1 .1 Proposed Budget 1992-3, Budgeted Overtime (Code 105) A B. C D E 1 Department 90191 Actual '92 Bud get '92 Adjust 92193 Proposed 2 3 Public Information 188 300 300 300 4 Finance 1, 397 2, 89 0 2, 890 9, 890 5 Human Resources 1. 321 1 810 1 ,605 890 6 Police 404, 601 614 000 760 ,370 696, 440 7 fire 23, 851 39, 830 38 ,620 41 ,060 8 PW En Group_ 5, 853 6, 000 24 ,400 23, 610 9 PW Environment G 1, 382 2, 250 1 ,820 1, 650 1 ? PW Trans Group, 32, 527 24 730 29 ,620 20 ,100 1 1 PW Infra ST & SW 1 8 861 t 920 7 ,340, 4, 830 1 2 Plan & Development 7, 651 14, 930 12 ,076 16, 110 1 3 Parks & Rec Admin 3, 205 4 ,090 3 ,060 3, 520 1 4 Parks & Rec Proram 5 51 3 30 0 ,4 1 8 964 1 5 100 1 5 Parks & Roe Maint 79, 378 33 ,410 40 ,915 43, 300 1 6 Library 3, 251 5 200 4 ,260 4, 250 1 7 Total General Fun 58, , 979 783, 780 946, 242 881 050 18 ' 1 9 PW Infra S&LS 49 ,095 36 ,290 37 ,320 38 ,0301 2 0 PW Water & Pollute 9i 1 69 98 ,000 98 000 101 ,000 2 1 PW Infra Water Dis 58 ,228 53 ,460 52 ,560 61 ,930 2 2 PW Infra Field & Su 1 ,636 800 800 930 2 3 Gas System 87 ,709 78 .850 66 ,890 1 94 ,400 2 4 PW Utility/Solid W 21 1 747 160 ,000 1 60 000 160 ,000 2 5 PW Environ Watersh 0 0 0 1 000 26 PW Storm/Utilit 3 ,971 6,250 8 ,250 7 ,220 2 7 Total Utility Fund 503, 555 435, 650 423, 820 464 51 0 28 2 9 Marine Bride 1 .077 3, 970 2 w?W .1000 4 ,090 3 ? Marine General 4 ,841 6 ,370 6 370 6 ,560 3 1 Marine Pier 60 4 ,289 4 ,800 4 ,800 1 ,240, 3 2 Marine Beach Guard 164 1 ,000 120 1 ,000 3 3 PW Trans Pk 5 ,849 8 ,000 3 500 2 ,5001 3 4 Total Enterprises 1 6 2 2 0 2 8 1 4 0 1 6 7 9 0 1 5 3 9 0 35 3 6 Gen Svc Bid /Main# 3 91 6 4 ,000 8 .252 5 500 3 7 Pub Info Gr Com 147 660 330 880 38 Admin Ser CIS 3 ,371 2 000 2 000 3 ,000 3 9 Admin Ser/Cost Su 70 01 9 5 6880 56 ,880 44 ,200 40 Gen Svc Fleet Maint 33 ,522 28 ,570 28 .'570 28 ,576 4 1 Gen Ser Radio Com 15 ,743 1 5 000 1 5 000 1 5 000 T-2- Admin Ser Risk Mgt 2 ,294 15 ,690 5 ,000 3 ,000 4 3 Human Res/Em Ret 0 0 0 2, 180 4 4 Total General Svcs 1 29 01 2 1 22 800 1 1 6, 032 1 02 330 45 4 6 Grand Total 1 237, 766 1 366, 372 1 502, 884 1 463 280 Page 1 A •a SUBJECT: Amendment of Amendment of Clearwater City Commission Agenda Cover McmorandWn PUBLIC `4 Item Meeting bate: 09 92 LD Chapter 134, Code of Ordinances, Relating to Signs and Sign Regulations; and Section 137.005, Code of Ordinances, Relating to Definitions. RECOMMENDATIONNOTION: Approve amendments to the Sign Code and pass Ordinance, No. 5257-92, including changes recommended by staff, on first reading, ® and that the appropriate officials be authorized to execute some. BACKGROUND: The City's existing Sign Regulations have been in effect since October, 1985. The Regulations are now proposed to be updated to eliminate some inconsistencies with Pinellas County's recently adopted Sign Regulations. The major changes are described in the summary table entitled "Major Differences - Existing and Proposed Sign Codes." Also, attached to this summary table are two other tables entitled "Comparison of Allowable Attached Signs" and "Comparison of Allowable Freestanding Signs" which identify proposed sign sizes for attached and freestanding signs, and compares those sizes with the existing Clearwater Code and the new County Code. There is no contemplated change to the sign amortization program: there will be a continued requirement that all nonconforming signs be made to conform or be removed by October 13, 1992. Despite the number of changes being made, this is not a "new" sign code. Most of the signs that were made nonconforming when the code was adopted in 1985 will continue to be nonconforming. Unless these changes "legalize" a nonconforming sign, these changes will not extend the deadline to bring nonconforming signs into compliance with the sign code. The Planning and Zoning Board reviewed and recommended approval of the Regulations subject to three modifications: (1) political signs be allowed to address any political issue, whether the issue is the subject of a referendum or not, (2) flags on multi-family zoned property be restricted to one flag per unit, rather than one flag per property, and (3) the sign size increase that is allowed for buildings set back from rights of way be measured from the new right of way line where there exists an approved road V. Reviewed by: originating Dept: Costs: s N/A Coamission Actions: Legal ?tanning & Dev l Totat ? Approved Budget -NIA Purchasing N/A - - S N/A ? A roved w/conditions pp Risk Mgmt. N/A User Dept: _ _ Current Fiscal Yr. ? Denied cis N/A ACM sI Funding source: CJ Continued +'o: T_+_ other ? Capital imp. /.,+ c? 5a5 Pkiwc Advertised: 13 Operating Attachments: as cl 111pil Date: 08/27/92 ? other ordinance 5257-92 Paper: Tampa Tribune 3 Canpr-isw Tables o Not Re uired q submitted / Affected parties ? None ? Notified Appropriation Code: e ' ?' ® Not Required cit a g 4J Printed on recycled paper widening project. City staff concurs with Board recommendation number (1) and has included it in the ordinance. City staff also concurs with Board recommendation number (3) and recommends that it too be Included in the ordinance. Other changes requested by citizens at the Planning and Zoning Board meeting were: (1) Bill Jonson: Include the first amendment protection clause that is part of Countywide Code, thereby allowing any lawful non-commercial message on any sign allowed under the sign regulations, (2) Bill Janson: Prohibit neon lighting which is not an integral part of the architecture, (3) Bill Jonson: Do not allow sandwich board signs in downtown, (4) Bill Janson: Lessen the amount of additional sign size given to buildings that are positioned distant from rights of way, (5) Paul Taylor: Allow attached signs on the basis of 10% of the building facade, (6) Paul Taylor: Adopt Countywide Code as written, with the "10% rule" described in (5) above. City staff concurs with citizen requests numbered (1) and (4), and recommends that they be included in the ordinance. The Development Code Adjustment Board reviewed and recommended approval of the Regulations subject to four conditions: (1) ensure that major tenants in shopping centers located in Neighborhood Commercial and General Commercial zoning districts are not adversely impacted by the size limitations on attached signs, (2) the maximum sign size for projecting signs in the Urban Center be greater than eight square feet, (3) the maximum allowable sign size in the Urban Center be 64 square feet in all subdistricts, and (4) a table be included in the ordinance that identifies sign sizes for attached and freestanding signs, and includes a reference to the sign bonus provisions. City staff has reviewed major tenants in shopping centers located in Neighborhood Commercial and General Commercial zones, and has determined that such occupancies will not be adversely impacted by the sign sizes specified in the ordinance. City staff agrees to prepare a sign size table as requested by the Board upon approval of the ordinance by the Commission. Finally, City staff concurs with Board recommendation number (2), and recommends that it be included in the ordinance. One letter has been submitted to the City requesting a change to the draft ordinance: the Clearwater jaycees request that bus shelter signs and bench signs be allowed upon the written approval of the City Commission. City staff does not concur with this request. In addition to the changes discussed above, City staff recommends the following: (1) the Development Code Administrator have the option of appointing a designee to the downtown sign review committee, (2) the off-premise sign prohibition be deleted, (3) an allowance for temporary signs in the event of public works projects or major storm events be included in accordance with recently adopted Ord. No. 5224-92, (4) no sign area bonus can be applied that would cause the area of a sign to exceed the area specified in Section 134.011 (c)(1)a, (5) signs 24 square feet in size be allowed for nonconforming uses located in residential zones, (6) the banner exemption that was allowed in Section 134.009(7) be deleted, (7) any sign placed over a sidewalk or other pedestrian. access area be required to maintain a clear distance above grade in accordance with the building code, (8) in addition to the attached signs otherwise allowed in the North Greenwood Commercial District, Beach Commercial District, and Urban Center Bayfront and Core Districts, permanent window signs be allowed to occupy up to 20% of the window area, (9) additional attached signs be allowed in the Urban Center Core and Bayfront subdistricts, and the Beach Commercial District, for buildings which front on two or more rights of way, (10) freestanding signs in the Limited Office District be limited to eight feet in height, and (11) the second of the two paragraphs lettered (c) in Section 134.011 be relettered to (d). m ORDINANCE NO. 5257-92 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING CHAPTER 134, CODE OF ORDINANCES, RELATING TO SIGNS AND SIGN REGULATIONS; AMENDING SECTION 137.005, CODE OF ORDINANCES, RELATING TO DEFINITIONS; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 134.006, Code of Ordinances, is amended to read: Sec. 134.006. Definitions Key-deM-n4 i-ensr. ! E#i-si?se-- r-au?l e-re d4og-am of then-e sign regu-?at-4-9n--s,- Abandoned sign:- An sign on which is advertised a busines longer licensed, no longer-has a certificate of occupancy, or is no business at that location and such circumstances have continued fo, 180 days. Advert i s i n o : Any form of public announcement intended to a i d indirectly, _in the sale, use, or promotion of?a product, commodi activity, or entertainment. T at i s no per doing ; period of e m Area or surface Surface area of a sion: The areal in square feet, enclosed by a rectangle, parallelogram, triangle, circle, semi-circle, cross, other -geometric figures-or other architectural design, the sides of which make contact with the extreme points or edges of the sin excludin the supporting structure which does not form art of the sign proper-or of the display. The area of a sign composed of characters of words attached directly to a lar a uniform building wall surface shall be the smallest rectangle, triangle, circle arallelo ram other-geometric - fiure or other architectural design, or combination of not more than two of such figures or designs, which encloses the whole oroun of words or characters. Unless otherwise indicated. "area" means "s se s?.hemessa-ge-Gr- +messagem Art work: Drawings, pictures,_symbols1_paintings or sculpture which in no way identify a product or business and which are not displayed in conjunction with a commercial-for profit or a„non-profit enterprise. Attached sign: An sign attached to on or su orted b an art of a building_(e.g. walls, mansard roof1wall, awning, windows, or canopy) which encloses or covers usablespace. Auxiliary (freestanding sign: An additional freestanding sign allowed due to exceptional property frontage characteristics. Banner:A sign having characters letters numbers illustrations symbols or ornamentation backed b fabric Paper or similar material and attached to a pole, hal and roe wire string, cord or similar device or to a building at one or more edges--or-by one or more corners. The term does not include flags as defined in this section. Beacon: A stationary _ or revolving light which flashes or projects illumination single color or multi=colored in an manner which is intended to attract or divert attention; exce t however, this term is not intended to include an kind of-lighting device which is re aired or necessary under the -,?safet regulations described b the Federal Aviation Agency or similar agencies. Bench signs/bus shelter signs: A bench or bus shelter upon which a si n is drawn painted, printed, or otherwise affixed thereto. Building-setback line: A line beyond which no buildin may extend as established b ordinance. A building setback line in' some instances may coincide with the ro ert line. Bulletin board: Sign of permanent character, but with removable letters words numerals orsymbols, indicating the names or ,persons associated with or events conducted u on,,or roducts or services offered u on the remises upon which such a sin is maintained. 2 i . f i Business establishment: An individual person, non-profit organization, partnership, corporation, other organization or legal entity holding a valid occupational license and occupying distinct and separate physical space. - .r Canopy (awning) sign- Any sign _that is a part of or attached to an awning, canopy, or other fabric plastic or structural protective cover over a door, entrance, window- or outdoor service area. A marquee is not a canopy. Changeable message: A portion _of?a sign which message_ copy is changed manually -or automatically- in-the field through the utilization of attachable letters, numbers, symbols, and other similar characteristics. Construction si n: An sign giving the name of Principal contractors architects, and/or lending institutions responsible for construction on the site where the sign is placed, together with other information included thereon. Directional sign: Any sign which exclusively contains information providing direction or location of any object, place, or area including but not limited to those signs indicatin avenues of in ress E ress. , Director information si n: An K., sign rovidin information primarily intended to direct persons to a tenant or service located or rovided in a multi- tenant building or property.- Double-faced si n: A Si n which has two dis la surfaces backed against the same background, one face of which is.designed to be seen from one direction and the other from the opposite direction ever point on each face being either in contact with the other face or in contact with the same back round. Erect: To build construct,-attach, hap lace suspend or affix. The term includes but is not limited to the painting of a sign. Exempt sign: An sign for which a permit is not-required. An exempt si n shall com i with ail other terms and conditions of these regulations. Flao: A banner containing distinct colors patterns or s mbols used as a symbol of a government, political subdivision, corporation, business, or other entity. Freestanding-sign:- Any sign supported b structures or supports that are laced on or anchored in the round and that are independent of an building or other structure. Fronts e buildin : The sin le,facade constituting length of building or that portion of a building occupied b a single office business or enterprise abutting a street, parking area, or other means of customer access such as an arcade-,-mall, or walkway. Fronta e ro ert : The length of the property line fora parcel which runs parallel to, and alonq,a road right-of-wav or street exclusive of allev- w. ays. E 3 m Gasoline price display sign: Any sign__ which displays the prices of _gasolines for sale. Government or public purpose sign: A sin serving a public purpose and installed or approved by a public agency. The term includes but is not limited to traffic/directional-signs, community identity-and entrance si ns si ns or banners for special community events as determined by the city commission or city manager, signs for parks and stadiums (including -signns_ promoting events scheduled to be held in the parks and stadiums), signslocated_on private nroaerty_which promote special events for the benefit_of charitable non-profit organizations and public signs that provide direction tn_place_s of interest. The term does not include signs containing advertising _ except to the extent allowed by this - chapter. Ground level: The lower of finish grade of. a parcel of 1and exclusive of any filling,- berating- mounding or excavating solely for the purpose of locating a sign. Ground level on marina docks or f)oating structures shall be the finish grade of the landward portion of the adjoining parcel. Height: The vertical distance measured from ground level nearest the base t of the sign to the highest point of the sign. Identification sign: Any sign which indicates no more than the name address, company logo and occupation_or_function of an establishment or premise. A sign usually displayed forth ere ---of pt>i sane pr- per i1 or bu ifiess f t' "andualiy1ie f•e f„u;...!ni -.; 4Td 5 er 1e r_ t9_e n'61e- i; #,s-g-n--may--be-- -eram used eent-a i n-?any number -ef--wee-ds- s Incidental attached sign: Any sign such as credit card or business hours signs, which provides -information incidental to? the identification of the business to which the sign is attached. Integral-roof -sign: Ant sign constructed as an integral-part-of a_normal roof structure so long as that portion of the roof _structure where the sign is attached does not sloe more than 45 degrees past the vertical and where no art of the sign- extends above the roof or is separated from the rest of the roof by a space of more than six inches. Integral sign: Any sign which specifies the name of a building, date of erection, monumental citations and the like when carved into stone concrete or similar material or made of bronze, aluminum or other permanent.,construction and Menu sign (for drive-through establishments): Any sign placed so as to be viewed from a drive-through-lane and containing only a listing _of_products, with prices, offered for sale-by-the business. A menu sign may include a mechanism for ordering products while viewing the sign. 4 Multi-tenant building: A building where more than one business is serviced by_a_common entrance,- and where. such businesses may be located above the first story or otherwise be without frontage on -a public riqht-of?way. Nonconforming -sign.- Any sign that does not conform to the _re" i rements of these regulations. vri-urrrn i a product for located. Politica the lot where the Primary attached sign: An attached sign intended to serve as the rimar identification of the specific business or building to which the sign is attached. Projecting sign: Any sign affixed perpendicularly to a building or wall in such a manner that its leadin-g edge extends more than one foot beyond the surface of such building or wall.- Public/semi-public sign: Any sign erected on site for a -non-profit or uasi-ublic use such as a library, school church hospital, or -government owned buildino. Meal estate si n: An sign advertising the sale rental or lease of premises or part of the Drernises,.on which the sign is displayed. Roof sign: Anysign_erected and constructed wholly or or above the roof of a bu i l d i n su orted by-the roof structure except integral roof signs.- Sandwich board sign- A self -su ortin round:mounted sign t icall used for exhibitin information for the convenience of edestrians. Sign: Any writing, picture, symbol, banner or other graphic communication or device which is primarily used to convey information, attract attention, or advertise and is prominently visible from an outdoor location. The term includes the sign structure. Sign face: The art of the sign that is or can be used to identify, di-splay, advertise communicate information or for visual representation which 5 0 attracts or intends to attract the attention of the public for an purpose.. Sign structure: An structure which is designed specifically for ouroose of suonortina a siren. has supc>orted. or is 'capable of sunnorting a si+ C ture. .I Subdivision sign: A sion which is primarily intended to disolav the nacre J 1 i ?t of a platted subdivision or other residential development, including a mobile home ark but may contain supplemental information so lop as such supplemental information is clearly incidental to the-display of the name. of the platted subdivision or other residential development, including a mobile home ark. ,lupf"-"_.,' ea, The rrFtw? rectangular-, r triangular, -n_ir_n_ul ar- C Ir --t-emWes of the s4p,-exelu5 i„ram- supports, - uprights, brr e-es- and fFame. For the purpose of rr'T'TTTIC the surfaee area of a 54'9n mnrirnd of lettep4nn planer{ en s wall deter-mining Yrm'_n_i n IIS. ?17 ul'aT'r, tr vR IT L`f7 Ln??ada4-, + r men s ages-. Time and temperature sign: A sign containing illuminated numerals and dis la in the time and temperature only Vehicle sign: A -sign _attached _ to or placed on a vehicle (including automobiles trucks boats- campers,_and trailers), that is parked on or otherwise utilizing a public right-of-way,--public property or on private property so as to be intended to be viewed from a_veh_icular right-of-way for the basic purposes of prt? ovidi.na_ advertisement of products or services or directing people to a business or activity, This definition is not to be construed to include those signs that identify a firm or its rind al products on a vehicle unless such vehicle is parked in E,u_ch_a_manner that it is intended to provide advertisement of products or services _or_to direct people to a business or activity) or such adverti-sing devices- as may -be attached to and within the -normal unaltered lines of the vehicle of a licensed transit carrier when and during-that-period-of time said vehicle is regularly and customarily used to traverse the public hiahwavs durino 6 Stripe( of pennants: Any-series-of pieces of clo_t_h,_ Alasbic_, paper, or other material attached in a row at only_one_or_mor'e ed_qes,--or by one or more corners, the remainder hanaino loosely, to anv wire. cord, string. rope, or 0 Wall sign: A sion parallel to and placed either directly on or attached to }he exterior wall of a building or structure. Section 2. Article II of Chapter 134,, Code of Ordinances, consisting of Sections 134.007 through 134.012, is amended to read: t, ARTICLE II. SIGN STANDARDS A (Note: Substantial revision, See current -, code for existing text.] t Sec. 134.007, Permitted sign types. The following sign types shall be permitted in the various zoning districts: (1) Freestanding signs (including auxiliary freestanding signs). ,(2) Attached signs: - Wall signs. - Canopy or awning signs - Permanent window signs - Temporary window signs - Projecting signs - Incidental attached signs - Integral signs - Integral roof signs - Machinery signs - Attached menu signs (3) Freestanding or attached signs: - Bulletin board signs. t - Construction signs. - Directional signs, 1 - Directory/Information signs. - Garage and yard sale signs. - Gasoline price display signs. - Menu signs for drive-through establishments. -• Political signs. - Meal estate signs. i 7 f r • Ir e - Sandwich board signs. - Theater/movie announcement signs. - Time and temperature signs Sec. 134.008. Visual clearance, sight triangle, and clear distance. (a) The visual clearance and sight triangle, to assure adequate sight distance at the intersection of two public roadways and at the intersection of a public roadway and an accessway or driveway, shall follow the criteria of the Florida Department of Transportation's Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways, or criteria otherwise specified by the city manager or designee. (b) For any sign which projects over a sidewalk or other pedestrian access' area, a minimum clear distance of nine feet shall be maintained as measured from ground level to the bottom portion of the sign structure which projects over the sidewalk or other pedestrian access area. For any sign which projects over a right-of-way or other vehicular access area, a minimum clear distance of 14 feet shall be maintained as measured from ground level to the bottom portion of the sign structure which projects over the right-of-way or other vehicular access area. Signs that project over public sidewalks and rights-of-way shall require the approval of the director of public works. Sec. 134.009. Exempt Signs. The following types of signs are exempt from,the permitting requirements of this chapter, provided that number,,area, and other limitations set forth in " this section are satisfied. The area of exempt signs shall not be included in determining compliance with rri°ximum allowable sign area requirements. Exempt signs are allowed in addition to signs for which permits are required. An otherwise exempt sign which exceeds the limitations of this section shall require a permit. (1) Address signs for residential properties, limited to one address sign per residential property or per each platted residential subdivision or property entrance. The address numbers shall be at least three inches in height, in arabic numbers, and of contrasting color to the background. Address signs shall be displayed on the front of the property. Address signs for nonresidential properties are not exempt. The area of address signs shal-i be limited as follows: Zon n district Maximum sign area Single family residential 2 square feet Multiple family residential G square feet (2) Art work. (3) Architectural detail. (4) Changeable message on permitted signs. include changes to the sign structure. 8 This exemption-does not ti? (5) Commemorative signs for religious holidays, limited to displays during a period of time beginning 30 days before and ending 15 days after the holiday. This exemption includes lighting, figures, and other similar displays that may be regarded as a sign, but does not include commemorative signs of types which are expressly prohibited by this chapter. (6) Construction signs, limited to one sign per lot frontage. Construction signs may be displayed only during the time a valid building permit is in force. The.area of construction signs shall be limited as follows: Zoning district Maximum sign area Single family residential 16 square feet Multiple family residential 32 square feet Nonresidential . 32 square feet (7) Banners and flags, limited to one banner or flag on any residentially zoned property; not more than two banners, two flags, or one banner and one flag on any nonresidentially zoned property; and not more than three banners, three flags, or any combination thereof not exceeding three in number, on public property. Banners and flags shall be positioned so that no part of a banner or flag is able to encroach over a public right-of-way. (8) Garage and yard sale signs, not to exceed four square feet in area, and not to exceed one sign per lot frontage. Directional off-site garage or yard sale signs may be permitted for a particular lot only on those days when there is a garage or yard sale in progress. No sign shall be placed within a street right-of-way. (9) Government and public purpose signs. When located in a public park or other public property, stadium signs and signs erected for special community events may include commercial messages for vendors and event sponsors. Signs located on private property which promote special events for the benefit of charitable, non-profit organizations shall not be erected for longer than four days for each event, nor shall such signs be erected more frequently than two times per calendar year; such signs may include commercial messages for vendors and sponsors. (10) Incidental attached signs, provided that the total area of all incidental attached signs shall not exceed two square feet per building frontage. (11) Integral signs. Integral signs shall be allowed so long as the total area of such signs does not exceed two square feet per building facade. (12) Machinery signs. Examples are signs on newspaper machines, vending machines, gasoline pumps, and public telephone booths. (13) Marina vessel slip signs. Each individual vessel slip at a marina may be identified with a sign not exceeding four square feet in area placed in the vicinity of the slip. (14) Menu signs (attached) placed in the vicinity of entrances or service 9 ? S windows of restaurants and not exceeding a total of four square feet per entrance or service area. (15) On-site directional signs. No individual sign shall exceed four square feet in area unless otherwise specified. Business logos or other symbols may be placed on on-site directional signs so long as they do not exceed 25 percent of the area of the sign and are clearly incidental or complementary to the directional message of the signs. (16) Political signs. One sign shall be allowed for each candidate or issue per each road frontage. Signs in residential districts shall not exceed six square feet in area. Signs in nonresidential districts shall not exceed 32 square feet in area. Political signs shall be erected no sooner than 60 days prior to the election for which they are intended, and shall be removed within ' seven days after the election for which they are intended. (17) Real estate signs. Signs in residential districts shall not exceed six square feet in area. Signs in non-residential districts shall not exceed 32 square feet in area. Freestanding real estate signs shall be placed a minimum of five feet from all property lines. One real estate sign per saleable or leasable unit shall be permitted. However, only one freestanding real estate r sign per property frontage shall be permitted; any additional allowable signs shall be attached signs. Directional off-site real estate signs shall be permitted for a particular lot only on-those days when there is an open house. Waterfront parcels shall be permitted one real estate sign oriented toward the water in addition to the real estate sign(s) permitted for non-waterfront property; such signs may be freestanding' or attached in single family zoning districts, but shall only be attached signs in other zoning districts. Saleable or leasable units fronting on two or more streets shall be allowed the permitted < real estate signs for each frontage, but these signs cannot be accumulated and used on one street in excess of that allowed for the saleable or leasable units based on that one street frontage. For parcels with over 500 feet of street frontage on one right-of-way, one additional freestanding real estate sign may „ be permitted. (18) Stadium signs that face inward toward a stadium and are not intended for viewing from adjacent properties or rights-of-way. (19) Temporary window signs. Signs shall be allowed in nonresidential zoning districts for a period not longer than 30 days. The maximum area of said signs shall be 20 percent of window area or 100 square feet, whichever is less. The area to be used for such signs shall be clearly delineated with paint, tape or other markings to aid in the enforcement of the area requirements of this section. (20) darning signs, not to exceed two square feet in area. Sec. 134.010. Prohibited signs. The following types of signs are prohibited: Abandoned signs. Abandoned signs arid/or sign structures which are 10 determined to be nonconforming with the provisions of this section shall be required to be removed by the property owner within 30 days after receipt of notification (or refusal to accept delivery of notification by certified mail) that such removal is required. Alternately, the sign panel(s) within the abandoned sign structure may be removed and replaced with sign panel(s) of neutral color and containing no message. Banners, flags, balloons, cold air inflatables,,streamers, and strings of = pennants, except where allowed as governmental and public purpose signs for special events of limited time and frequency, as approved by the city manager br the city commission, and except banners and flags where allowed as an exemption from the permitting requirements of this chapter or where permitted as free- standing or attached signs. Bus shelter signs and bench signs. This prohibition shall not be construed to include the identification of the transit company or its route schedule. Changeable message signs, except menu and time and temperature signs, in which the message changes more rapidly than once every 24 hours. Menu signs in which the message changes more rapidly than once every three hours. Off-premise signs, except for governmental and public purpose directional signs, garage or yard sale directional signs, real estate open house signs, or where specifically provided for elsewhere in this ordinance. Pavement markings, except official traffic control markings and street addresses. Portable signs. Roof and above-roof signs. Sandwich board signs, except in the Core and Eastern Corridor subdistricts of the Urban Center District. Signs attached to or painted on piers or seawalls, other than official regulatory or warni,?)g signs. Signs in or upon any river, bay, lake,.or other body of water. Signs located on publicly-owned land or easements or inside street rights- of-way, except signs required or erected by permission of the city manager or city commission, and sandwich board signs to the extant permitted in the Core and Eastern Corridor subdistricts of the Urban Center district. Prohibited signs shall include, but shall not be limited to, handbills, posters, advertisements, or notices that are attached in any way upon lamp posts, telephone poles, utility f poles, bridges, and sidewalks. A Signs that emit sound, vapor, smoke, odor, particles, or gaseous matter. 11 Signs that have unshielded illuminating devices or which reflect lighting onto. public rights-of-way thereby creating a potential traffic or pedestrian hazard. Signs that move, revolve, twirl, rotate, flash, including animated signs, multi-prism signs, floodlights and beacon lights except when required by the Federal Aviation Agency or other governmental agency. Signs that obstruct, conceal, hide,-or otherwise obscure from view any official traffic or government sign, signal, or device. Signs that present a potential traffic or pedestrian hazard. This includes signs which obstruct visibility. Signs attached to or placed on any tree or other vegetation. Signs carried, waved or otherwise displayed by persons either on public rights-of-way or in a manner visible from public rights-of-way. This provision is directed toward such displays intended to draw attention for a commercial purpose, and is not intended to limit the display of placards, banners, flags or other signage by persons participating in demonstrations., political rallies and similar events. Snipe signs. ' Temporary window signs in residential districts. F. Three-dimensional objects that are used as signs. Time and temperature signs in which the messsje changes more rapidly than!. once every 15 seconds. t Vehicle signs, and portable trailer signs, f Any sign that is not specifically described or enumerated as permitted within the specific zoning district classifications herein. Sec. 134,011. Permitted signs; sign standards. (a) Purpose. It is the intent of this section to regulate signs by sign type. Permits are required for these signs. The requirements of this section are in addition to all other applicable requirements of this chapter. In the event of a conflict between the requirements of this section and other applicable requirements, the more stringent requirements shall govern. (b) Sign standards, general rules. (1) Area computation. The area of a sign shall be computed on the basis of the smallest square, circle, rectangle, cross, other geometric figure, that will encompass the extreme limits of the writing, representation, emblem, lighting, or other display, together with any material, color, or border trim forming an integral part of the background of the display or used to 12 J differentiate the sign from the backdrop or structure against which is placed. The computation of a sign area does not include any framework, bracing, fence or wall that is reasonably necessary to support the sign, (2) Area and sign face. The area of a sign shall be computed on a per sign face basis and all requirements with respect to sign area refer'to the area of a single face of a sign. A double-faced sign shall be permitted to have the allowed area for a single-faced sign on each of the two faces of the double-faced sign. (3) Minimum setback. The setback of a sign shall be measured from a property line to any portion of the sign structure. a. For attached signs, there shall be no minimum setback. b. For a l l other signs, the minimum setback shall be five feet from each side and rear property line. The minimum setback from a street shall be as set forth,in this chapter, i (4) Lots fronting on two or more streets. Lots fronting on two or more streets functionally classified as collector or arterial streets are allowed the permitted signage for each frontage, but such signage cannot be accumulated and used on one street in excess of that allowed for the lot based on that one street F, frontage. (5) Shopping centers, office complexes, retail complexes, and multi-- tenant buildings. Properties developed as shopping-centers, office complexes, retail complexes, or multi-tenant buildings are allowed the permitted area of attached signage for each occupancy that has a separate and distinct public entrance, but such signage cannot be accumulated and used on any one occupancy in excess of that generally allowed for the zoning district in which the property is located. (6) All unauthorized signs"found within any public property including existing rights-of-way shall be moved by the owner of the sign at no expense to the city or the governmental-agency having jurisdiction over the property. Nothing shall prohibit a duly authorized local official from removing a sign from public property and properly discarding it. (7) All signs shall comply with applicable building and electrical code requirements. F r (S) Nothing in these regulations shall be construed to prevent or limit the display of legal notices, warnings, informational, directional, traffic, or other such signs which are legally required or necessary for the essential functions of governmental agencies. (c) Sign standards, by type of sign. (1) Attached signs. a. Viewable from a street right-of-way:. The permitted area for attached 13 signs viewable from a street right-of-way shall be based upon 1.5 square feet for each linear foot of building width. Such signs shall be oriented in a manner generally parallel to the street frontage toward which the sign is to be oriented. Building width shall be measured along the street frontage toward which the sign is to be oriented. s s 0 b. Associated with a business entrance, not primarily viewable from a street right-of-way: Attached signs associated with a business entrance and not primarily viewable from a street right-of-way may be permitted so long as the area of such signs does not exceed the allowable area for attached signs established in the preceding paragraph. Such signs shall be located above or in otherwise close proximity to a business entrance that is not primarily viewable from a street right-of-way. In calculating the allowable area for such signs, building width shall be measured along the building wail on which the sign is to be oriented. (2) Freestanding signs. a. Number of sign message panels: No freestanding sign shall have its allowable surface area divided into more than two separate message panels. In computing the area of such signs, the area of the space between the message panels shall be included in the calculation of the area of the sign. b., sleight: The height of a freestanding sign shall be computed as the distance from the base of the sign at ground level to the top of any portion of the sign or sign structure, whichever is taller. C. Auxiliary freestanding signs: Auxiliary freestanding signs, where permitted, shall be oriented towards the street that permits their use. (3) Directory/information signs shall be allowed in all nonresidential districts except where specifically prohibited. Not more than one directory/ information sign shall be permitted per street frontage. The maximum height of a directory/information sign shall be eight feet. (4) Illuminated signs. { f a. The light from any illuminated sign shall be shaded, shielded, or directed away from adjoining street rights-of-way and properties. b. No sign shall have blinking, flashing, or fluttering lights or other illumination device which has a changing light intensity, brightness, color, or direction. `' C. No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic-control devices. d. Neither the direct nor the ref Iected 1 ight from primary 1 ight sources shall create a traffic hazard to operators of motor vehicles on public thoroughfares. (5) Banners and flags. A banner or flag may be used as a permitted free- 14 .,, S standing or attached sign and, if so used, the area of the banner or flag shall be included in, and limited by, the computation of allowable area for free- standing or attached signs on the property. (G) Garage or yard sale signs shall be subject to the following: a. Maximum area: Four square feet per sign. b. Duration: Signs shall be erected for a period of not longer than three days per, event and not more frequently than two times (events) per calendar year. C. Off-premise directional signs for garage or yard sales shall be permitted only on each day during which an active garage or yard sale is taking place. Such signs shall be placed on private property only. (7) Gasoline price display signs shall be allowed in all nonresidential. districts except where specifically prohibited. Gasoline price display signs shall be placed in the vicinity of the pump islands and shall not extend above any pump island canopy, or they shall be attached to the primary freestanding sign.for the property. If attached to the freestanding sign, the area of the gasoline price display sign shall be counted toward the allowable area for the freestanding sign, (8) Theater/movie announcement signs may be either freestanding or attached, but not both, unless required by zoning district regulations to be freestanding or attached signs. Freestanding theater/movie announcement signs shall be allowed in addition to other freestanding signs allowed for properties developed as shopping centers, office complexes, retail complexes, or multi- tenant buildings. Freestanding theaterlmovie announcement signs shall be allowed as substitutes for the allowable freestanding signage for other properties. Attached theater/movie announcement signs shall be in addition to the allowable attached signage. (9) Time and temperature signs shall be allowed in all nonresidential districts except where specifically prohibited. The maximum area for the time and temperature portion only shall be 20 square feet. The. area of a time and temperature sign, whether attached or freestanding, shall be included in determining the cumulative area of signs on a property. (c) Requirements in specific zoning districts. (1) Residential zoning districts. The following types of signs are permitted in residential zoning districts, including Mobile home Park and Residential Planned Development districts: a. Subdivision/entryway signs: I. Maximum number: Two signs for each platted subdivision or property entrance. If two signs are used for an entrance, each sign shall be a single- faced sign, and the signs shall be located on opposite sides of the entrance to 15 r 'r which they are oriented. 2, Maximum area: 24 square feet. 3. Maximum height: Six feet. 4. Minimum street setback: Five feet.. b. Residential identification signs (e.g., nameplates): 1. Maximum number: One sign. 2. Maximum area: Two square feet. 3. Such signs shall be attached signs only. (2) Public/Semi-Public, Open Space/Recreation and Recreational Planned Development zoning districts: The following types of signs are permitted in Public/Semi-Public, Open Space/Recreation and Recreational Planned Development zoning districts: a. Freestanding signs: 1. Maximum number: One sign per lot. For parcels with over 500 feet of street frontage on one right-of-way, one auxiliary freestanding sign may be permitted; such auxiliary sign shall be spaced at least 300 feet from all other freestanding signs on the same property. 2. Maximum area: 48 square feet. The total maximum area for an auxiliary freestanding sign shall be 24 square feet. 3. Maximum height: 12 feet. The maximum height for an auxiliary freestanding sign shall be eight feet. 4. Minimum street setback: Five feet. b. Attached signs shall be permitted per occupancy as follows:. 1. Maximum area: 48 square feet. 2. Type: The following types of attached signs may be permitted, provided the cumulative area of the attached signs cues not exceed the maximum allowable area'i.for attached signs: Wall sign Canopy or awning sign ti Permanent window sign Projecting sign integral roof sign 3. Maximum number: Five. Not more than three.attached signs shall be 16 I Y it, N of any single type listed above. C. Directory/information signs shall be permitted on lots developed with two or more multi-tenant buildings as follows a minimum cumulative area of 25,000 square feet of gross floor are 1. Maximum area: 20 square feet. 2. Minimum street setback: Equal to the required structural setback for the zoning district in which the sign is erected, d. Theater/movie announcement signs: 1. Maximum number: One sign per.lot. for a single theater, plus an 2. Maximum area: 64 square feet additional eight square feet for each additional theater. 3. Maximum height: 20 feet, for a freestanding. theater/movie announcement sign. 4. Minimum street setback: Five feet. e. Menu signs for drive-through establishments. , 1. Maximum number: One sign per drive-through lane. 2. Maximum area: 24 square feet. 3. Maximum height: Six feet. 4. Minimum street setback: 25 feet. f. Bulletin boards for government office, recreational area, school and ..church uses: 1. Maximum number: One bulletin board per frontage. 2. Maximum area: 24 square feet. 3. Maximum height: S=x feet. 4. Minimum street setback: Five feet. (3) Limited Office, Neighborhood Commercial, and North Greenwood Commercial districts. The following types of signs are permitted in the Limited Office, Neighborhood Commercial and North Greenwood Commercial zoning districts. shal l be However, signs erected in the North ordanceowi hmtherdesig pstandards adopted designed, located and illuminated in acc by the city commission by resolution. 17 I r J ,., i ii. {F' A i s. a. Freestanding signs shall be permitted as follows. However, freestanding signs' in the North Greenwood Commercial District shall only be permitted for developed properties fronting on North Greenwood Avenue which maintain a building setback of at least 15 feet from any right-of-way. 1. Maximum number: One sign per lot. For parcels with over 500 feet of street frontage on one right-of-way in the Neighborhood Commercial district, one auxiliary freestanding sign may be permitted, such auxiliary sign shall be spaced at least 300 feet from all other freestanding signs on the same property. ..1 2. Maximum area: 4 District Maximum area (square feet) Limited Office 24 Neighborhood Commercial 50 Borth Greenwood Commercial 15 The total maximum area for an auxiliary freestanding sign shall be 25 square feet in the Neighborhood Commercial district:. 'Auxiliary freestanding signs shall be prohibited in the Limited Office and North Greenwood Commercial districts. 3. Maximum height: District Maximum height (feet) Limited Office Neighborhood Commercial North Greenwood Commercial 12 20 12 The maximum height for an auxiliary freestanding sign shall be ten feet in the Neighborhood Commercial District. 4. Minimum street setback: Jive feet. 5. Time and temperature signs: Time and temperature signs shall be allowed in the Neighborhood Commercial district. Such signs shall be prohibited in the Limited Office and North Greenwood Commercial districts. b. Attached signs shall be permitted per occupancy as follows: 1. Maximum area: The maximum total area for.all attached signs shall be 24 square feet in the Limited Office district, 48 square feet in the Neighborhood Commercial district, and 20 square feet in the North Greenwood Commercial district. 2. Type: The (following types of attached signs may be permitted, provided the cumulative area of the attached signs does not exceed the maximum area above: ' Wall sign Canopy or awning sign 18 I ................ ... .. • I 1 ?,r W Permanent window sign Projecting sign integral roof sign 3." Maximum number: Five attached signs, with not more than three attached signs being of any single type listed above. 4. Time and temperature signs. Time and temperature signs shall be allowed in the Neighborhood Commercial district. Such signs shall be prohibited in the limited Office and North Greenwood Commercial districts. C. Directory/information signs shall be prohibited in the North Greenwood Commercial district. Directory/information signs shall be permitted in the limited Office and Neighborhood Commercial districts on lots developed with two or more multi-tenant buildings containing a minimum cumulative area of 25,000 square feet of gross floor area, as follows: 1.- Maximum area: 20 square feet. 2. Minimum street setback: Equal to the required structural setback for the zoning district in which the sign is erected. d. Gasoline price display signs. 1. Maximum number: One sign per pump island. 2. Maximum area: 24 square feet, cumulative for all signs, regardless of property frontage. (4) General Office, Resort Commercial "Twenty-four" and "Twenty-eight," "B," and Office Planned Development: districts. The following types of signs are permitted in the General Office, Resort Commercial "Twenty-four" and "Twenty-eight," "B," and Office Planned Development zoning districts: a. Freestanding signs: 1. Maximum number: One sign per lot. For parcels with over 500 feet of street frontage on one right-of-way, one auxiliary freestanding sign may be permitted; such auxiliary sign shall be spaced at least 300 feet from all other freestanding signs on the same property. 2. Maximum area: 50 square feet. The total maximum area for any auxiliary freestanding sign shall be 25 square feet. 3. Maximum height: 20 feet. The maximum height for an auxiliary freestanding sign shall be ten feet. 4. Minimum street setback: rive feet. b. Attached signs shall be permitted"per occupancy as follows: k 19 ` N 4 }. Maximum area: 56, square feet. permitted, . Type: The following types of attached. signs may be p '.ded 22. the cumulative area the attached signs does not exceed the maximum prove area above:, Mall sign Canopy or awning sign Permanent window sign Projecting sign' Integral roof sign ber: Five attached signs, with not more. than three , Maximum num 3 attached signs being of any single type listed above. . ith C. Directory/ information signs shall be pemiedmun lots evelof 2 w0 0 two or more mof multi-tenant aaea?sas follw containing a minimum square feet gross I'. Maximum area: 20 square feet. 2.? Minimum street setback: Equal to the required structural setback for the zoning district in which the sign is erected d. Gasoline price display signs. 1. Maximum number: One sign per pump island. Maximum area: 24 square feet, cumulative for all signs, regardless 2. of property frontage. e. Theater/movie announcement signs. I, Maximum'number: One sign.per lot. Maximum area: 64 square .feet for a single, theater, plus an z. additional eight square feet for each additional theater. 3. Maximum height 20 feet, for a freestanding theater/movie . announcement sign. 4. Minimum street setback: Five feet. f. Menu signs for drive-through establishments. I. Maximum number: One sign..)per drive-through lane. r: 2. Maximum area: 24 square feet., 3. Maximum height: Six`feet. , 4. Minimum street,setback: 25 feet. 20 a :y 0 c? (5) General Commercial, Research, Development and Office Park and Limited industrial districts. The following types of signs are permitted in the General Commercial, Research, Development and Office Park and Limited industrial zoning districts: a. Freestanding signs shall be permitted as follows: 1. Maximum number: One sign per lot. For parcels with over 500 feet of street frontage on one right-of-way, one auxiliary free feed ng sign may be om all other permitted; such auxiliary sign shall be spaced at least 30 freestanding signs on the same property. 2. Maximum area: 64 square feet. The total maximum area for an auxiliary freestanding sign shall be 32 square feet. I' 3. Maximum height: 20 feet. The maximum height 'for an auxiliary freestanding sign shall be ten feet. 4. Minimum street setback: Five feet. S , b. Attached signs shall be permitted per occupancy as follows: 1. Maximum area: 64 square feet. 2. Type: The following types of attached sign may exceed tpermitted, provided 'the cumulative area of the attached signs does no area above: Wall sign Canopy or awning sign Permanent window sign Projecting sign Integral roof sign 3. Maximum number: Five attachedssiabave with not more than three attached signs being of any single type listed 25with developed C. Directory/ information signs shall be permitted on lots two or more multi-tenant buildings containing a minimum can f. square feet of gross floor area, as follows: 1. Maximum area: 20 square feet. t2. Minimum street setback: Fqual to the required structural setback or the zoning district in which the sign is erected. d. Gasoline price display signs. 1. Maximum number: One sign per pump island. i 2. Maximum area: 24 square feet,, cumulative for all signs, regardless 21 of property 'frontage. e. Theater/movie announcement signs: 1. Maximum number: -One sign per lot. 2. Maximum area: 64 square feet for a single theater, plus are additional eight square feet for each additional theater. 3. Maximum height: 20 feet, for a freestanding theater/movie announcement sign. 4. Minimum street setback: Five feet. f. Menu signs for drive-through establishments. 1. Maximum number: One sign per drive-through lane. 2., ,Maximum area: 24 square feet. 3. Maximum height: Six feet. 4. Minimum street setback: 25 feet. (6) Highway Commercial district. The following types of signs are permitted in the Highway Commercial zoning district: } li a. Freestanding signs shall be permitted as follows: 1. Maximum number: One sign per lot. For'parcels with over 500 feet of street frontage on one right-of-way, one auxiliary freestanding sign may be permitted; such auxiliary sign shall be spaced at least 300 feet from all other freestanding signs on the same property. 2. Maximum area: 112 square feet. The total maximum area for an r,uxiliary freestanding sign shall be 56 square feet. 3. Maximum height: 20 feet. The maximum height for an auxiliary freestanding sign shall be 12 feet.- 4. Minimum street setback: Five feet. b. Attached signs shall be permitted per occupancy as follows: 1. Maximum area. 150 square feet. 2. Type: The following types 'of attached signs may be permitted, provided the cumulative area of-the attached signs does not exceed the maximum area above: 3 22 E I Wall sign Canopy or awning sign Permanent window sign Projecting sign Integral roof sign 3 signnss, with not , more than three Maximum number: Five tta shed e . attached signs being of any smgle type Directory/ information signs shall be permitted on lots developed with c. two or more multi-tenant buildings containing a minimum cumulative area of 25,000 square feet of gross floor area, as follows: 1. Maximum area: 40 square feet. 2 Minimum street setback: Equal to the required structural setback for . the zoning district in which the sign is erected. d. Gasoline price display signs. 1. Maximum`number; One sign per pump island. 2. Maximum area: 24 square feet, cumulative for all signs, regardless of property frontage. e. Theater/mmovie announcement signs. 1. Maximum number: One sign, per lot. 2. Maximum area: 128 square feet for a single theater, plus an additional 16 square feet for each additional theater. 3. Maximum height: 20 feet, for a freestanding theater/movie announceme nt sign. 4. Minimum street setback: Five feet. f. Menu signs for drive-through establishments. 1. Maximum number: One sign per drive-through lane. , 2. Maximum area': 24 square feet. 3. Maximum height: Six feet. 4. Minimum street setback: 25 feet. (7) . Commercial Center district. ''The ,following types of signs are permitted in the Commercial Center zoning district: .23 '? t a. Freestanding signs shall be permitted as follows: 1. Maximum number: One sign per lot. For parcels with over 500 feet of street frontage on one right-of-way,,one auxiliary freestanding sign may be permitted; such auxiliary sign shall be spaced at least 300 feet from all other freestanding signs on the same property. 2. Maximum area: 150 square feet. The total maximum area for..an auxiliary freestanding sign shall be 75 square feet. 5 3. Maximum height: 20 feet. The maximum height for an auxiliary freestanding sign shall be 16 feet. 4. Minimum street setback: Five feet. b. Attached signs shall be permitted per occupancy as follows: 1. Maximum area: 150 square feet. 2. Type: The following types of attached signs may be permitted, provided the cumulative area of the attached signs does not exceed the maximum allowable area: , Wall sign Canopy or awning sign Permanent window sign Projecting sign integral roof sign 3. Maximum number:" Five attached signs, with not more than three attached signs being of any single type listed above. C. Directory/ i,nformation signs shall be permitted on lots developed with two or more multi-tenant buildings containing a minimum cumulative area of 25,000 square feet of gross floor area, as follows: 1. Maximum area: 40 square feet. 2. Minimum street setback: Equal to the required structural setback for the zoning district in which the sign is erected. d. Gasoline price display signs. 1. . Maximum number: One sign per pump island 2. Maximum area: 24 square feet, cumulative for all signs, regardless of property frontage. e. Theater/movie announcement signs (may be either freestanding or attached, but not both. 1. Maximum number: One sign per lot. 24 • i I f s r 5 2. Maximum area: 128 square feet for a single theater, plus an additional 16 square feet for each additional theater. 3. Maximum height: 20 feet, for a freestanding theater/movie announcement sign. 4'. Minimum street setback: Five feet. f. Menu signs for drive-through establishments. 1. Maximum number: One sign per drive-through lane. 2. Maximum area: 24 square feet. 3. Maximum height: Six feet. 4. Minimum street setback: 25 feet. (8) Urban Center, Beach Commercial and Beach Commercial Planned Development districts. The following types of signs are permitted in the Urban Center, Beach Commercial and Beach Commercial Planned Development zoning districts: a. Freestanding signs shall be permitted in the Eastern Corridor and Transition subdistricts of the Urban Center district as follows: 1. Maximum number: One sign.per lot. For parcels with over 500 feet of street frontage on one right-of-way, one auxiliary freestanding sign may be permitted; such auxiliary sign shall be spaced at least 300 feet from all other freestanding signs on the same property. 2. Maximum area: 24 square feet in the Transition subdistrict, or 64 square feet 'in the Eastern Corridor subdistrict. Auxiliary freestanding'signs shall only be allowed in the Eastern Corridor subdistrict and shall be a maximum of 24 square feet in area. 3. Maximum height: 12 feet in the Transition subdistrict, or 20 feet in the Eastern Corridor subdistrict. The maximum height for an auxiliary freestanding sign shall be eight feet. 4. Minimum street setback: Five feet. b. Attached signs shall be permitted per occupancy as follows: 1. . Maximum area: 48 square feet in the Bayfront, Core and Transition subdistricts of the Urban Center district and in the Beach Commercial and Beach Commercial Planned Development districts, and 64 square feet in the Eastern Corridor subdistrict. 2. . Type: The following types of attached signs may be permitted, provided the cumulative area of the attached signs does not exceed the maximum 25 i 1 I ? f f i area above: Wall sign Canopy or awning sign Permanent window sign Projecting sign integral roof sign However, no individual projecting sign 2 shall inches exceed from the facade of the buildeing project more than 42 nor shall such signs are attached. to which they ar Five attached signs, with not morel, than three 3. Maximum number: single type listed above. attached signs being of any C. Directory/ information signs shall be pearmm} imum cumulative on lots developed with z5a,mulaoa square of building floor area, asafol lows: 1. Maximum area: 20 square feet'. 2. Minimum street setback: Five feet'. d. Gasoline price display signs. 1. Maximum number: One sign per pump island. 2. Maximum area: 24 square feet, cumulative for all signs, regardless of property frontage. be either freestanding or e, Theater/movie announcement signs, may attached in the Eastern Corridor and Transition subdistrict so the bUrb ean Cented . sign shall district, but not both. Theater movie announcement signs in the Beach Commercial and Beach CommercilPlanned evdlsprect.districts, and the.Bayfront and Core subdistricts of the e 0rb 1, Maximum number: One sign per lot., 2. Maximum area: 64 square feet for a single theater, plus an additional eight square feet for each additional theater. theater/?novie 3. Maximum height: 20 feet, for a freesta dingl2 feet it the announcement sign in the Eastern Corridor subdistrict, and Transition subdistrict k? 4. Minimum street setback: Five feet. f,. Sandwich Board Signs. Sandwich board signs shall be permitted in the Core and Eastern Corridor subdistricts of the Urban Center district only. 26 r 4 t: t E: i, i. F. i? 1. Maximum number: One sign-per street frontage. 2. Maximum area: Six square feet. 3. Maximum height: Four feet'. !4. Placement.' Sandwich board signs may be placed on public property in conformance with placement standards developed by the Public Works Department to insure safe pedestrian travel, vision clearance and other safety factors. g. Menu Signs for Drive-Through Establishments. 1. Maximum number-. One sign per drive-through lane. 2. Maximum area: 24 square feet. 3. Maximum height: Six feet. 4. Minimum street setback: 25 feet. (9) 'Commercial and Industrial Planned Development Districts. Signs in Commercial and Industrial Planned Development districts shall generally be permitted depending upon a determination by the city commission as to which of the requirements are most appropriate to the Commercial or Industrial Planned Development district given surrounding land uses. In its determination, the city commission may modify any or all of the requirements for particular Commercial or Industrial Planned Development districts. (10)- Aquatic Lands-Interior and Aquatic Lands-Coastal Districts. Signs permitted in the Aquatic Lands-Interior and Aquatic Lands-Coastal districts shall be associated with a marina, and shall be limited to marina vessel slip signs allowed as exempt signs and the commercial marina vessel slip signs allowed as bonus signs. Sec. 134.012. Sign bonus provisions. S This section is established to recognize unusual circumstances which create the need to modify, in a consistent and uniform manner, the requirements of this code-for sign area, height, number and type. (a) Area bonuses. The maximum allowable area for a sign may be increased under the following circumstances. However, allowable sign area bonuses cannot be combined if a sign is eligible for more than one sign bonus. (1) An attached sign on a building for which the minimum required setback from an adjoining street right-of-way is 100 feet,or greater is eligible for a sign area bonus according to the following schedule. Only the primary sign attached to the eligible building facade, and oriented towards the adjoining street right-of-way, is eligible for an area bonus. 'The following formula shall be used to determine the allowable sign area for signs eligible for such bonus: 27 E ?{ 6 i 1 (Allowable area for attached signs under applicable zoning district LESS Area of incidental/auxiliary attached signs) x (1 + Allowable area bonus) =Allowable sign area Setback Allowable additional area bonus Less than 100 feet Not available 100 to 150 feet 0.25 151 to 200 feet 015 201 to 250 feet 1.0 Greater than 250 feet 1.75 (2) Attached signs in the Urban Center District may be eligible for a sign area bonus of 50 percent if judged to reflect one or more of the-following characteristics and is found to create a positive image for the District as determined by a downtown sign review committee consisting of five members appointed by the city manager, including the development code administrator and four others. Use of classic or historic design or style - Use of creative images reflecting Clearwater's waterfront heritage - Use of symbols rather than text - Use of hand-painted lettering or graphics - Use of neon or other unusual lighting design or techniques,, - Use of sculpted wood, metal or other materials Y i { 5 3 r (3) Attached signs located 100 feet or more,above ground level may be eligible for a sign area bonus according to the following schedule. Only.the primary sign is eligible for a'sign area bonus. The following formula shall be used to determine the allowable sign area for signs eligible for such bonus: (Allowable area zoning district attached signs) x sign area Heicht of sion Less than 100 feet 100 to 150 feet 151 to 200 feet Greater than 200 feet for attached signs under applicable LESS Area of incidental/auxiliary (1 + Allowable area bonus) = Allowable Allowable additional area bonus Not available 0.5 1.75 2.0 (b) Height, bonuses. The allowable height for freestanding signs on,, properties which front on overpasse's' or elevated roadways may be increased so' that the maximum allowable sign height does not exceed ten feet above the crown height of the overpass or elevated roadway as measured from a point on the roadway that is perpendicular to the sign location. A height bonus is available only for signs which face or are oriented to the overpasses or elevated roadways. Auxiliary freestanding signs are not eligible for height bonuses. f 28 i t ? E r 1 , (c) (lumber bonus. For commercial marinas having separately licensed slips for commercial vessels, each licensed slip shall be permitted one sign containing not more than eight square feet in area placed in the vicinity of the slip to identify the vessel, rate/embarking schedules, or other information. Such sign shall be in addition to marina vessel,slip signs allowed as exempt signs, '(d) Sign address bonus for nonresidential properties. A freestanding or attached sign identifying a nonresidential property shall be allowed additional area according to the following schedule, provided that this allowance is used exclusively for the street address number, numbers or number range, depicted in Arabic numerals of at least three inches in height. Such numbers shall be of contrasting color to the, background .and displayed on the front of the establishment. One address sign bonus shall be allowed per occupancy. Property area Additional sign area 3 Less than one acre 6 square feet 100 to 150 feet 8 square feet Section 3. Section 134.014, Code of Ordinances, is amended to read: Sec. 134.014. Inspections. The development code administrator and the building official directer shall, as each may determine'necessary, inspect the property to ascertain that the sign is in accord with all provisions of this development code and the building code, respeet4yely, and in accord with all terms upon which the sign permit may have been conditioned. Section 4. Section 134.015, Code of Ordinances, is amended to read: Sec. 134.015. Nonconforming signs, (a) No nonconforming sign m'ay be constructed, reconstructed, altered, E, renovated, relocated, replaced or otherwise changed after the effective date of this-section e , unless such action brings the sign into conformance with the provisions of this section eh r, except to the extent permitted by -5u4section (b) below. (b) Notwithstanding the terms of section (a) above: (1) Any nonconforming sign existing en QG t-eber-13',-'--nom-; that is damaged to the extent that the cost for complete repair does not exceed 50 per cent of the replacement cost of the sign may be repaired. i (2) The message on any nonconforming sign exist eg-e --0et-e -z 13, 1386 may be changed one or more times after that date, provided that no alteration is made to the sign structure. However, this paragraph shall not be construed to allow a nonconforming sign which is painted on a fence or wail or the roof or a t wall of a building to be altered, renovated or otherwise changed unless such action brings the sign into conformity with the provisions of this section fir. 29 .k - 4 0 (3) A nonconforming sign may be relocated upon the same property whenever a portion of the property is acquired through the exercise of the power of eminent domain, or otherwise acquired for a public purpose by any agency having the power of eminent domain, ?--t-lFe-I- TGC-awn-45 necssry to r-ed?ee they of--?}a t o a ?n?=e--du r - a 1 3 - 1 e - - t ? ? ° sigg. ? - a e ? --Tele-Ea to d. Such a s i g n , A-4 awful ??on?ef3 t e?"-nt i ng- - i G h 4s rele--e a t - e d u •- r ? t---9 --t-has--p a s h (3-) s h a l l continue to be deemed a lawful but.- nonconforming sign and shall continue to be subject to the requirements of section (c) below unless specifically exempted therefrom. ?„z ', eeation °'•-,, nef--be-4eemn?' .,xten-%-Wn-ef--0e--refna*a-- (4) nonconformi property J! otherwise a domain sha re uirement percent or property on situation %n ith regard to setback uired through the exe s unless the si more of its re irements whenever a port of the power of eminent ny agency having the,Tpower Lori or destroyed to an cost.^ However, should desire to relocate the s such relocation can or e a co acco 1ne. or ent through the removal off' one re uireo arkin s ace no variance snail be re uired to the parking requirements_to allow such relocation. (c) All signs and sign structures which are nonconforming to the requirements of this section ehapter- but which were erected lawfully on or after October 13, 1985 or _which _were erected prior to October 13, 1985 and which conform to the requ_ireinents_of _Ordinance 4035 shall not be required to conform to these re ulations unless such signs -and sign structures are damaged or destroyed to an extent egual to 50 percent or more of their replacement cost. All signs and sign structures which were erected lawfully prior to October 13, 1985 and which are nonconformina to both the requirements of this section and I I Ordinance No. 4035 shall immediately beeause of berzai se--o -eenf eri x4 4. 4-r -1e-- pe?=i?? i --was issued, shall., --w :i ti , rrir5 f",? efi r- t ytie a r?-? fl r woe =-?f the sign- or- t ?e--owner o the r brought into compliance with the terms contained herein, t ng: (1) Any nonconforming sign located on an interstate or federal aid primary highway (i.e., U.S. Highway 19 and State Road 580 east of U.S. Highway 19) which is protected from removal by the Federal Highway Beautification Act or Ch. 479, F.S., by reason of providing compensation for removal shall be exempted from the removal terms of this section. This shall notj however, preclude the city from seeking to remove any such sign through an eminent domain proceeding, nor achieving sign conformance by other lawful means. In the event the Federal Highway Beautification Act or Ch. 479, F.S., is repealed, amended or adjudicated to not require compensation, then the removal provisions contained in this section shall apply. 30 be removed or t t a? ,_ (2) Any nonconforming sign located on Gulf-to-Bay Boulevard east of Highland Avenue which, if said boulevard was classified a federal aid primary highway, would be protected from removal by the Federal Highway Beautification Act or Ch. 479, F.S., shall be made to comply with the terms contained herein or shall be removed b January 19, 1996 within seve ,I,?y.,ro ? (-d T?l?-uL?e?-e$f#?-t-?94?e-???i?-K $?` ?1?1?-?i'°cpg,?ai?-i•i,-v2 9? a l HEI d t- --ten a-nd-re eerda0 e n , the--code 4404* ' "Frreper ty awner or- siqs n^f '-?s9er- 4-dei}t-if+4-n- _C -4-c4 Legal nonconforming signs which the city on or before October 13, 1992, shall compliance provisions contained in section October 13, 1992, sign compliance shall occur by the city commission in conjunction with co application. exist on property annexed into be subject to the removal or (c) ef this . After in a time and manner prescribed isideration of the annexation Le)•-{f4 Any person aggrieved by the provisions of this section may apply to the city commission for a variance in accordance with section 137.012. • ,ate least-99 days PM OF : Gber 13, 199& In addition to the standards which govern variances contained in section 137.012, the city commission shall consider the propriety of the application of this section based upon the following factors: (1) Type and extent of the nonconformity (e.g., use, size, height, number and setback). (2) Location of the nonconforming sign. (3) Potential adverse aesthetic effects on the property or building, if any. (4) Mature of the surrounding uses, both on-site and off-site. (a) Location of the nearest, similar sign, if any. (6) Leasing arrangements, if any. t (7) pate of installation or erection. (8) Initial capital investment. (9) Life expectancy of the investment. 31 i i ?. 4 i -under n-& eir- 1J.lStCf'.anceC h ap-l? anew--o?=- +nti mie 1 y-- eemp 1 , ¦ (10) Investment realization to date. (11) Cost to alter or remove the sign. (12) Salvage value, (13) Part of the owner's or lessor's total business involved. (14) Monopoly or advantage due to prohibition on similar new signs in the vicinity. (15) Other factors which may be unique to the property or sign. The city commission may grant a variance only after a public hearing and upon a demonstration by the owner/lessor of a hardship different in kind and magnitude from that suffered by other sign owners or lessors similarly situated. (f) Any sign which has received a citation or citations for violations of Ordinance No. 4035 and which is not rendered conformingr by this section or by a variance approved by the-city commission shall be considered to be in continued violation of this code and shall continue to be subject to the conditions and procedures established in the citation. Section b. Subsection (a) of Section 137.005, Code of Ordinances, is amended to read: [Note: Asterisks (* * *) and ellipses {. .) indicate that portions of existing text have been omitted. Omitted portions of text are not affected by this amendment.] Sec. 137.005. Definitions. (a) Words and terms used in this development code shall be given the meanings identified hereina1fter: Certificate of occupancy/:use: Certificate by the building director that a building, structure or use conforms to all applicable city ordinances. . .. ?f i 32 ) .1 ) ? f { r t 1 1 Change"of use (or changed use): A change of use of a building, structure or property. . I 't th °u the -5 ire--{-n6 #-ff the purpest` ' ?TT 11 11 su//?? ?me +,4nn? a-d i_r n 1 7.1_ -4 h.']7/. .r14 1 i1 f+ ?'_'tn nIINmerm41f'_?'ntted l] NT_7TILTee afeTf'f 3NA5 . 1 -1 District: Any section or sections of the city. .. Dock: Any structure constructed on piling over open water or supported by flotation on the water. ., a r?rir i nnrr?_ to be , Cererl-t 1?57I . Double frontage lot: A lot bounded on opposite or approximately opposite sides by streets. Gross leasable lea5eable floor area. The floor area designed for tenant occupancy. Q.? , f •lcci "cscv'?- L3;-E) ^ e--sg'R,-vu n d Group care, Level I: A dwelling unit licensed to serve clients of the Florida Department of Health and Rehabilitative Services. . Hotel/motel unit. An accommodation within a hotel/motel building. .. ldentif-4eatien sign. ' n rr..?lla. displ yed fee- the purppse of r but wh4eh s4gs may be used faF any lawful purpose d May eontaif+- Impermeable lot coverage. Any permanent installation on or improvement to the natural earth surface. .. Model home: -A residential building. .. Net acre: That upland area within a contiguous parcel(s) of ownership. 33 ! I r Development: Any man-made improvement to property,. .. M Personal service. A business offering a service primarily for an individual's convenience. . rn-i5ifgnf' - -6-Feet, l6£ate, GoT iri-truet, Plat: A wrap, plan or layout, drawn to scale, of a tract of land to be subdivided. . .. r-a-re srgrr.--rc--r-rce•StaF}ding 5-4f?n wrr-rer?i $?sltTlp6Y-eErb7--vrre-m-T«vre- ?ins, upr-4 s , -o ees alic- red 4to the ground-. 1 ' Portable building: A portable building is any building or vehicle comprised of one or more units. . .. w14.1f 1..1 •:'i II..J J'IJ• r 1 Preferred land use: The select use or uses for which a zoning district is characteristically established. .. Principal structure or use: The main or primary structure or use of land. Property: land which has been or which is proposed to be used, developed, or built upon a:, a unit under single ownership. Property lines: The lines which bound a property. Real estate 54gn. A s4gn Wh4rzh ad,? ses-fer sale, lease er rent the land -1 8f? W}rsic- ^-?h 'p -lecated or-- a building . Rear property line: A property line which runs generally parallel to the property line from which a property is-addressed. Side property line: A property line which runs generally perpendicular or radial to the property line from which a property is addressed. Sign; Any wr-king, banner-op other graph4c- a 34 M se.?" e EyrT7ey-7.n f-ermQt 4 en , attract-- -Sign stFuGture P e--s4"e Standard lot: Any,lot which is not a double frontage lot. Subdivision plat: A document (plat) displaying the manner in which land is to be subdivided. . .. marf trapez 1d!l(1_ - -lSg fl9N, Y r-G k7 a r- Ar Swimming pool: A tank or tub for swimming or wading. . . . Temporary retail sales and displays: Any nonpermanent sales or displays. ; sign use. T „,tJ '-1"s?Tt' afY?"t fie- }cam 'S 'g . n at e d .. . m n v. n s •?' IS '" era only._ Townhouse building: A building which contains two (2) or more townhouse units, each unit located on its own lot with individual title thereto and each lot possessing direct street access and requisite parking to serve the unit. Video/electronic game rooms: A specific type of indoor commercial entertainment. ..) -to the property: That upland property, whether in one or more lots, parcels or ownerships which, combined, abut the waterfront. .. 3a t s .5 L' Wholesaling/distributing: The selling and/or distributing of goods in large quantities to other than th e individual retail consumer. rwnn. R _.sinn._nl Ann Wi d d n the inrs4de n~ --ou tsw n ow }ui-?c4u t'4}$-•7.. „ 1 ... ?Y o f f 1 s__ _viewable i rvll?-f3i? k?e--5 iF? I 9Wr Section G. The provisions of this ordinance have been found to be consistent with the City of Clearwater Comprehensive Plan. Section 7. This ordinance shall take`effect on October 13, 1992. PASSED ON FIRST READING PASSED OIL SECOND AND FINAL READING AND ADOPTED s Rita Garvey . Mayor-Commissioner ;1 . Attest: ? i•? Cynthia E. Goudeau City Clerk _ Approved as to form and correctness: G: M. A. Galbraith, Jr. - - f ` City Attorney' t i • f . .'E: 36 yt kS. 'i ' MAJOR DIFFERENCES EXISTING AND PROPOSED SIGN CODES EXISTING CODE PROPOSED CODE Multiple signs allowed only Multiple signs allowed when when property fronts on 2 or property fronts on 2 or more more ma'or arterials collector or arterial streets Marina slip signs - not Marina slip signs specified specified and regulated Directional signs - 3 sq. ft., Directional signs - 4 sq. ft., with no logo's allowed with incidental logo's allowed Real estate signs - no Real estate signs - one waterfront signs allowed waterfront sign per property; real estate signs are regulated by sign type Religious holiday signs not Religious holiday signs clear on what is allowed clarified to prohibit such things as giant inflatable San as Stadium signs -- does not Stadium signs - no restrict nonelectrical stadium restrictions as to sign types signs Political signs - candidates Political signs - no candidate must file letter indicating letter required; limits on that they understand and agree number (one per candidate or to abide by sign area and issue) and area for each sign placement requirements; limits on total area but not number Temporary window signs - Temporary window signs - allowed up to 30% of window allowed up to 20$ of window area, but no placement area; area where such signs designation requirements are to be displayed must be designated Pennants, balloons, Pennants, balloons, inf latables - not allowed inflatables -- allowed only as government and public purpose Banners - not allowed signs (e.g., beach events) Portable signs - allowed for Banners -- allowed for grand grand openings openings, disaster situations, road construction projects Portable signs - not allowed Sandwich board signs - not Sandwich board signs - allowed allowed in Urban Center District Signs carried or waved by Signs carried or waved by persons - no reference persons - not allowed Abandoned signs -- sign panels Abandoned signs -- sign must be removed structure must be removed or panels replaced with neutral colored panels with no message Business and property Business and property identification signs -- primary identification signs - basis for regulation of signs distinction eliminated in (see tables comparing attached favor of freestanding and and freestanding signs allowed attached designations (see by each code) tables comparing attached and freestanding signs allowed by each code) Subdivision signs -- one per Subdivision signs - two per property property entrance Garage sale signs - max. 6 sq. Garage sale signs - max. 4 sq. ft. in area; allowed a max. of ft. in area; allowed for up to 4 days each 120 days 4 days at a time, not more than twice a year; provision is made for off-premise directional signs for day of event only Attached signs - Max. number - Attached signs - Max. number - 2 per business (see table 5 per business (see table comparing attached sign comparing.attached sign requirements) requirements) Freestanding signs - See table Freestanding signs - See table comparing codes. comparing codes. Permanent window signs - These Permanent window signs - These signs are additional to other signs are included in the allowable attached signs; allowable totals for attached allowed up to 20% of the signage window to which they are attached Limited Office district - max. Limited Office district - max. sign height is 6 ft. sign height is 12 ft. "B" zone - no provision "B" zone - regulated the same as cR districts z Directory/information signs -- max. area is 20 sq. ft.; 50 ft. setback; allowed only with 3 or more buildings containing 50,000 or more sq. ft. Time and temperature signs - one per property; must be attached to freestanding sign; cannot exceed 18 sq. ft. in area; area is additional to that allowed for other signage Gasoline price display signs - 3 signs at 9 sq. ft. each allowed or one sign not exceeding 24 sq. ft.; must be attached to pole sign Theater signs - Max. of 128 sq. ft. plus 16 sq. ft. per each additional theater screen; sign allowance is additional to other allowed signage Menu signs for drive- throughs - max. 24 sq. ft. in area; 40 ft. setback from street or residential zone Ground signs allowed for properties with frontage of 500 or more ft.; 150 ft. minimum separation Commercial and Industrial. Planned Development districts allowed a max. pole sign area of 64 sq. ft. Directory/information signs - max. area is 20 - 40 sq. ft.; setback is same as structural setback for zoning district (except 5 ft. in Urban center); max. height is 8 ft.; allowed only with 2 or more multi-tenant buildings containing 25,000 or more sq. ft. Time and temperature signs - may be attached sign or part of freestanding sign; cannot exceed 20 sq. ft. in area; area is computed as part of allowable area of freestanding or attached signage Gasoline price display signs - Max. of one sign per pump island; max. area for all such signs on site cannot exceed 24 sq. ft.; must be placed in vicinity of pump island or attached to freestanding sign Theater signs - Max. of either 64 or 128 sq. ft., plus either 8 or 16 sq. ft. per each additional theater screen, depending on zoning district; sign allowance may or may not be additional to other allowed signage Menu signs for drive- throughs - max. 24 sq. ft. in area; 25 ft. setback from all property lines;.6 ft. max. height Auxiliary freestanding signs allowed for properties with frontage of 500 or more ft.; 300 ft. min. separation Commercial, and Industrial Planned Development districts allowed signage depending on circumstances to be determined by the City Commission E A 3 k , 1 S W N Sign bonuses - In Uc district, Sign?bo6uses for area, height, signs on bldgs. taller than 180 ft. which are placed at least 150 ft. above ground can be 300 sq. ft. in area number, type and address, depending on specified circumstances Nonconforming signs -- (1) Signs made nonconforming by street widenings, etc. are not required to meet current setback requirements; (2) Signs relocated to meet setback requirements can delete a required parking space for sign relocation : without variance; (3) Signs erected in conformance with 1985 code are permanently "grandfathered" Nonconforming sign variances - Nonconforming sign variances -- must be applied for ninety ninety (90) day application (90) before 10/13/92 provision deleted i ' 1 r 1 t i , l I 1 f? i 1 E i } i •7 itt i . 14[ ' f 1 j, ' EE i 1 t)1 COMPARISON OF ALLOWABLE ATTACHED SIGNAGE ,, ZONING CURRENT CURRENT PROPOSED CODE COUNTY- DISTRICT CODE - CODE - ALLOWANCES WIDE PROP. ID. BUST. ID. CODE OLD OS/R 48 FO/S - 15 24 FOR OL 100(OL) OC - 4 48 FOR OS/R 48(OS/R) P/SP 96 FO/B - 15 48 48 OC - 4 CNG N/A 15/20 20 100 CN, OG 112 FO/B - 15 48 100 OC - 4 COM - 48 SC/T - 48 SC/MT - 128 CR-24, CR-28 112 FO/B - 15 56 100 OC -- 4 COM - 48 SC/T - 48 SC/MT - 128 CG 128 FO/B - 15 64 150 OC - 4 COM - 48 SC/T - 48 SC/MT - 128 CH 224 FO/B - 15 150 150 OC - 4 COM - 48 SC/T - 48 SC/MT - 128 CC 168 - 384 SC/T -,48 ISO 150 SC/MT - 128 IL 128 FO/B - 15 64 ISO OC - 4 COM - 48 CB N/A 48 48 100 - UC(B) - N/A - 48 - 48 N/A - UC(C) - N/A - 48 - 48 - UC(EC) - 128 - FO/B - 15 -- 64 OC - 4 COM - 48 SC/T - 48 SC/MT - 128 r KEY: FO/B - FREESTANDING OFFICE OR BUSINESS OC - OFFICE COMPLEX .,.SC/T -- SHOPPING CENTER TENANT 8C/MT - SHOPPING CENTER MAJOR TENANT COM - COMMERCIAL,COMPLEX i 0 4'. COMPARISON OF FREESTANDING SIGNAGE ZONING DISTRICT CURRENT CODE - AREA/HEIGHT PROPOSED CODE - AREA/HEIGHT COUNTYWIDE CODE.- AREA/HEIGHT OL 24/6 24/12 50/20 OG, OPD 56/20 50/20 50/20 P/SP 48/20 48/12 48/12 OS/R, RecPD 24/20 48/12 48/12 CNG 15/12 15/12 50/20 CN 56/20 50/20 50/20 CR-24, CR-28 56/20 50/20 50/20 "B" NO REFERENCE 50/20 50/20 CG 64/20 64/20 100/25 CH 112/20 112/20 150/25 Cc. 84 -- 152/20 -- 24 150/20 150/25 IL 64/20 64/20 75/25 RD NO REFERENCE 64/20 75/25 CB N/A N/A N/A - UC(B) - UC(C) - UC(EC) - UC (T) - N/A - N/A - 64/20 -- NO REFERENCE - N/A - N/A -- 64/20 ,- 24/12 - N/A - N/A -- N/A . - N/A IPD, CPD 64/20 AT COMMISSION DISCRETION 50/20 TO 150/25 t f i t i i 1 *1 1f.'I 9 M E M p R A N D U M TO: The Honorable Mayor and Members of the City Commission FROM: M. A. Galbraith, Jr., City Attorney RE: Sign Code Amendments (Ordinance 5257-92) DATE: September 3, 1992 I have made most of the changes which were discussed during Monday's work session and for which there was a consensus of approval. Enclosed are copies of the pages that were changed, marked to show where the changes occurred . You will find a "clean" copy of the revised ordinance at your seat when the meeting begins tonight. I will have one marked--up copy of the earlier version for anyone who might wish to look at it during the meeting. I deleted not one but six references to the Transition subdistrict throughout the ordinance, on pages 25-27 of the revised ordinance (due to the changes, the page numbering has changed also). To eliminate "ground mounted," I redefined "sandwich board sign:" Sandwich board sign: A self-supporting sign, temporarily resting upon and not permanently affixed to the ground, typically used for exhibiting,, information for the convenience of pedestrians. I am giving you three changes in the form of motions to amend, to be considered separately rather than slipping them into the ordinance. One would enlarge the area of projecting signs in the Urban Center, Beach Commercial, and Beach Commercial Planned Development districts. The second relates to the sign bonus for attached signs set back from a proposed street right-of-way. The third deletes the prohibition against off-premise signs. Copies of those motions are also enclosed. Regarding the recommendation to delete the prohibition against off- premise signs, you wanted to avoid a conflict with the countywide sign code, but I can think of no middle ground. I am recommending that you delete the prohibition against off--premise signs because our current code does not prohibit off-premise signs. This would be a new and substantive change, and there is a reason for being consistent with our current code which I will explain to you "off-- camera" if you are Curious. MAG:a Enclosures Copies: Michael Wright, Cyndie Goudeau, Jim Polatty E z t does se e Political sign: An si n which constitutes a political advertisement whic the primary purnose is related to. the candidacy of any-person for public offic or any public issue in an upcoming election. Portable sign: Any -sign not permanently attached to the ground. or othe permanent _structure, or a sign designed to be-transported, including, but no 1 itrtited to: signs_designed to be transported by means_ of wheels;_ balloons an other inflatables• and umbrellas used for advertisin . - Primary attached sign: An attached sign intended to serve as the primar h 'Std ` e identification of the specific business or _building_- to which the sign is attached. - ?' Projecting -sign: An sign affixed er endicularl to a building or wall in such a manner that its leading edoe extends more than one foot bevond the surface of such building or wall. Anv sign erected on site for a non-orofi quasi-public use such as a library,school, church, hospitals or government owned building. Real estate sign: _- Any sign advertising the -sale, rental or lease of premises,_ or part of the premises, on which the siQn is displayed, Roof -sign: ^_Anv sign erected and constructed wholly on or above the roof of a-building, supported by the roof structure, excel2t integral roof signs Sandwich board sign: A self-supporting sign, temporarily resting upon and ?yJ?S not permanently affixed to the around, typically used for exhibiting ginformation for the convenience of pedestrians. Sign: Any writing, picture, symbol, banner or other graphic communication or device which is primarily used to convey information, attract attention,.or advertise and is prominently visible from an outdoor location. The term includes the sign structure. Sign face: The art of the sign that is or can be' used to identify, 5 .(4) Changeable message on permitted signs. This exemption does not include changes to the sign structure. (5) Commemorative signs for religious hol idays, l invited to displays during a period of time beginning 30 days before and ending 15 days after the holiday. This exemption includes lighting, figures, and other similar displays that may be regarded as a sign, but does not include commemorative signs of types which are expressly prohibited by this chapter. (6) Construction signs, limited to one sign per lot frontage. Construction signs may be displayed only during the time a valid building permit is in force. The area of construction signs shall he limited as follows: Zoning district Maximum sign area Single family residential 16 square feet Multiple family residential 32 square feet Nonresidential 32 square feet (7) Flags, limited to one flag on any single-family residentially zoned property; not more than one flag per dwelling unit, displayed at the dwelling unit, on any duplex or multi-family residentially zoned property; not viore than two flags an any nonresidentially zones! property; and not more than three flags on public property. On duplex or multi-family residentially zoned properties, "displayed at the unit" means one flag may be displayed on or at each dwelling unit, and may not be combined with flags from other dwelling units in a multiple- flag display. Flags-shall be positioned so that no part of a flag is able to encroach over a public right-of-way. (8) Garage and yard sale signs, not to exceed four square feet in area, and not to exceed one sign per lot frontage. Directional off-site garage or yard sale signs may be permitted for a particular lot only on those days when there is a garage or yard sale in progress. No sign shall be placed within a street right-of-way. (9) Government and public purpose signs. When located in a public park or other public property, stadium signs and signs erected for special community events may include commercial messages for vendors and event sponsors. Signs. located on private property which promote special events for the benefit of charitable, non-profit organizations shall'not,be erected for longer than four days for each event, nor shall such signs be erected more frequently than two times per calendar year; such signs may include commercial messages for vendors and sponsors. (10) Incidental attached signs, provided that the total area of all incidental attached signs shall not exceed two square feet per building frontage. (11) Integral signs. Integral signs shall be allowed so long as the total area of such signs does not exceed two square feet per building facade. (12) Machinery signs. Examples are signs on newspaper machines, vending machines, gasoline pumps, and public telephone booths. 9 Sec. 134.010. Prohibited signs. The following types of signs are prohibited: Abandoned signs. Abandoned signs and/or sign structures which are determined to be nonconforming with the provisions of this section shall be required to be removed by the property owner within 30 days after receipt of notification (or refusal to accept delivery of notification by certified mail) that such removal is required. Alternately, the sign panel(s) within the abandoned sign structure may be removed and replaced with sign panel(s) of neutral color and containing no message. Banners, flags, balloons, cold air inflatables, streamers, and strings of pennants, except where allowed as governmental and public purpose signs for mcial events of limited time and frequency, as approved by the city manager or city commission, and except banners and flags where allowed as an exemption from the permitting requirements of this chapter or where permitted as free- standing or,attached signs. Bus shelter signs and bench signs. This prohibition shall not be construed to include the identification of; the transit company or its route schedule. Changeable message signs, except menu and time and temperature signs, in which the message changes more rapidly than once every 24 hours. Menu signs in which the message changes more rapidly than once every three hours. Off-premise signs, except for governmental and public purpose directional signs, garage or yard sale directional signs, real estate open house signs, or where specifically provided for elsewhere in this ordinance. Pavement markings, except official traffic control markings and street addresses. Portable signs. Roof and above-roof signs. Sandwich board signs, except in the Core and Eastern Corridor subdistricts of the Urban Center District. Signs attached to or painted on piers or seawalls, other than official regulatory or warning signs. Signs in or upon any river, bay, lake, or other body of water. Signs located on publicly-owned land or easements or inside street rights- of-way, except signs required or erected by permission of the city manager or city commission, and sandwich board signs to the extent permitted in the Core and Eastern Corridor subdistricts of the Urban Center district. Prohibited signs shall include, but shall not be limited to, handbills, posters, advertisements, 11 d. Neither the direct nor the reflected light from primary light sources shall create a traffic hazard to operators of motor vehicles on public thoroughfares. (5) Banners and flags. A Manner or flag may be used as a permitted free- standing or attached sign and, if so used, the area of the banner or flag shall be included in, and limited by, the computation of allowable area for free- standing or attached signs on the property. (6) Garage or yard sale signs shall be subject to the following: a. Maximum area: Four square feet per sign. b. Duration: Signs shall be erected for a period of not longer than three days per event and not more frequently than two times (events) per calendar year. C. off-premise directional signs for garage or yard sales shall be permitted only on each day during which an active garage or yard sale is taking place. Such signs shall be placed on private property only. (7) Gasoline price display signs shall be allowed in all nonresidential districts except where specifically prohibited. Gasoline price display signs shall be placed in the vicinity of the pump islands and shall not extend above any pump island canopy, or they shall be attached to the primary freestanding sign for the property: If attached to the freestanding sign, the area of the gasoline price display sign shall be counted toward the allowable area for the freestanding sign. (S) Theater/movie announcement signs may be either freestanding or attached, but not both, unless required by zoning district regulations to be freestanding or attached signs. Freestanding theater/movie announcement signs shall be allowed isi'addition to other freestanding signs allowed for properties developed as shopping centers, office complexes, retail complexes, or multi- tenant buildings. Freestanding theater/movie announcement signs shall be allowed as substitutes for the allowable freestanding signage for other- properties. Attached theater/movie announcement signs shall be in addition to the allowable attached signage. (9) Time and temperature signs shall be allowed in all nonresidential districts except where specifically prohibited. The maximum area for the time and temperature portion only shall be 20 squire feet. The area of a time and temperature sign, whether attached or freestanding, shall be included in determining the cumulative area of signs on a property. 09ax" .?, (d) Requirements in specific zoning districts. S (1) Residential zoning districts. The following types of signs are permitted i'n residential zoning districts", including Mobile Home Park and Residential Planned Development districts: .. 15 a. Subdivision/entryway signs: 1. Maximum number: Two signs for -h platted subdivision or property entrance. If two signs are used for an eni R'nce, each sign shall be a single- faced sign, and the signs shall be located do opposite sides of the.entrance to which they are oriented. 2. Maximum area: 24 square feet. 3.. Maximum height: 'Six feet. 4. Minimum street setback: Five feet. b. Residential identification signs (e.g., nameplates): 1. Maximum number: One sign. 2. Maximum area: Two square feet. 3. Such signs shall be attached signs only. C. Signs for nonconforming uses in residential districts: . 1. Maximum number: One sign. 2. Maximum area: 24 square feet. a 3. Such signs shall be attached signs only. (2) Public/Semi-Public, Open Space/Recreation and Recreational Planned Development zoning districts: The following types of signs are permitted in Public/Semi-Public, Open Space/Recreation and Recreational Planned Development zoning districts: a. Freestanding signs: 1. Maximum number: One sign per lot. For parcels with over 500 feet of street frontage on one right-of-way, one auxiliary freestanding sign may be permitted; such auxiliary sign shall be spaced at least 300 feet from all other freestanding signs on the same property. 2. Maximum area: 48 square feet. The total maximum area for an auxiliary freestanding sign shall be 24 square feet. 3. Maximum height: 12 feet. The maximum height for an auxiliary freestanding sign shall be eight feet. 4. Minimum street setback: Five feet. b.' Attached signs shall be permitted per occupancy as follows: 16 ,rr ?,, 3. Maximum height: Six feet. 4. Minimum street setback: Five feet. (3) Limited Office, Neighborhood Commercial, and North Greenwood Commercial districts. The following types of signs are permitted in the Limited Office, Neighborhood Commercial and North Greenwood Commercial zoning districts. However, signs erected in the North Greenwood Commercial District shall be designed, located and illuminated in accordance with the design standards adopted by the city commission by resolution. a. Freestanding signs shall be permitted as follows. However, freestanding signs in the North Greenwood Commercial District shall only be permitted for developed properties fronting on North Greenwood Avenue which maintain a building setback of at least 15 feet from any right-of-way. . 1. Maximum number: One sign per lot. For parcels with over 500 feet of street frontage on ane right-of-way in the Neighborhood Commercial district, one.auxiliary freestanding sign may be permitted; such auxiliary sign shall be spaced at least 300 feet from all other freestanding signs on the same property. 2. Maximum area: District Limited Office Neighborhood Commercial North Greenwood Commercial 24 50 15 The total maximum area for an auxiliary freestanding sign shall be 25 square feet in the Neighborhood Commercial district. Auxiliary freestanding signs shall be prohibited in the Limited Office and North Greenwood Commercial districts. 3. Maximumm hej,ght: District Maximum height (feet) Limited Office Neighborhood Commercial North Greenwood Commercial 72duc-i 20 12 The maximum height for an auxiliary freestanding sign shall be ten feet in the Neighborhood Commercial District. 4. Minimum street setback: Five feet. 5. Time and temperature signs: Time and temperature signs shall be allowed in the Neighborhood Commercial district. Such signs shall be prohibited in the Limited Office and North Greenwood Commercial districts. 18 Maximum areaAsguar_e feet_)_ : { :s E e i M k b. Attached signs shall be permitted per occupancy as follows: 1. Maximum area: The maximum total area for all attached signs shall he 24 square feet in the Limited Office district, 48 square feet in the Neighborhood Commercial district, and 20 square feet in the North Greenwood Commercial district. 2. Type: ' The following types of attached signs may be permitted, provided the cumulative area of the attached signs does not exceed the maximum area above: Wall sign Canopy or awning sign Permanent window sign Projecting sign Integral roof sign 3. Maximum number: Five attached signs, with not more than three attached signs being of any single type listed above. 4. Permanent window sign's: In the North Greenwood Commercial district, WeA. in addition to the attached signs otherwise allowed, permanent window signs may occupy not more than 20 percent of the window area of a building. ?- c. Time and temperature signs. Time and temperature signs shall be allowed in the Neighborhood Commercial district. Such signs shall be prohibited in the Limited Office and North Greenwood Commercial districts. d. Directory/information signs shall be prohibited in the North Greenwood Commercial district. Directory/information signs shall be permitted in the Limited Office and Neighborhood Commercial districts on lots developed with two or more multi-tenant buildings containing a minimum cumulative area of 25,000 square feet of gross floor area, as follows: 1. Maximum area: 20 square feet. 2. Minimum street setback: Equal to the required structural setback for the zoning district in which the sign is erected. Gasoline price display signs. 1. Maximum number: One sign per pump island. 2. Maximum area: 24 square feet, cumulative for all signs, regardless of property frontage. (4) General Office, Resort Commercial "Twenty-four" and "Twenty-eight," "Q," and Office Planned Development districts. The following types of signs are permitted.in the General Office, Resort Commercial "Twenty-four" and "Twenty-eight," "B," and office Planned Development zoning districts: 19 E` f' I N 2. Minimum street setback: Equal to the required structural setback for the zoning district in which the sign is erected. d. Gasoline price display signs. 1. Maximum number: One sign per pump island. 2. Maximum area: 24 square feet, cumulative for all signs, regardless of property frontage. e. Theater/movie announcement signs (may be either freestanding or attached, but not both). 1. Maximum number: One sign per lot. 2. Maximum area: 128 square feet for a single theater, plus an additional 16 square feet for each additional theater. 3. Maximum height: 20 feet, for a freestanding theater/movie announcement sign. 4. ' Minimum street setback: Five feet. f. Menu signs for drive-through establishments. 1. Maximum number: One sign per drive-through lane. 2. Maximum area: 24 square feet. 3. Maximum height: Six feet. 4. Minimum street setback: 25 feet. (8) Urban Center, Beach Commercial and Beach Commercial Planned Development districts. The following types of signs are permitted in the, Urban Center, Beach Commercial and Beach Commercial Planned Development zoning districts: a. Freestanding signs shall be permitted in the Eastern Corridor aE subdistrict of the Urban Center district as follows: 1. Maximum number: One sign per lot. For parcels with over 500 feet .i of street frontage on one right;of-way, one auxiliary freestanding sign may be permitted; such auxiliary sign shall be spaced at least 300 feet from all other freestanding signs on the same property. a 2. Maximum area: 64 square feet. An auxiliary freestanding sign shall be a maximum of 24 square feet in area. 3. Maximum height: 20 feet. The maximum height for an auxiliary freestanding sign shall be eight feet. 25 z F 4. Minimum street setback: Five feet. b. Attached signs shall be permitted per occupancy as follows: 1. Maximum area: 48 square feet in the Bayfront and Core subdistricts of the Urban Center district and in the Beach Commercial and Beach Commercial Planned Development districts, and 64 square feet in the Eastern Corridor subdistrict. 2. Type: The following types of attached signs may be permitted, provided the cumulative area of the attached signs does not exceed the maximum area above: Wall sign Canopy or awning sign Permanent window sign Projecting sign Integral roof sign XP However, no individual projecting sign shall exceed eight square feet in area, nor shall such signs project more than 42 inches from the facade of the building to which they are attached. 3. Maximum number: Five attached signs, with not more than three attached signs being of any single type listed above. 4. Permanent window signs: In the Beach Commercial district and the Urban Center Bayfront and Core subdistricts, in addition to the attached signs AIIJ otherwise allowed, permanent window signs may occupy not more than 20 percent of the window area of a building. 5. Special allowance for lots fronting on two or more streets: In the Beach Commercial district and the Urban Center Bayfront and Core subdistricts, notwithstanding other provisions of this code to the contrary, a lot fronting on IJ two or more streets shall be allowed the permitted attached signage for each Ad street frontage regardless of street classification. However, such signagea cannot: be accumulated and used on. one street frontage in excess of that allowed for the lot based upon that one street frontage. C. Directory/information signs shall be permitted on lots developed with a multi-tenant building or buildings containing a minimum cumulative area of 25,000 square feet of gross floor area, as follows: 1. Maximum area: 20 square feet. 2. Minimum street setback: Five feet. , d. Gasoline price display signs. 1. Maximum number: One sign per pump island. 2. Maximum area: 24 square feet, cumulative for all signs, regardless 2G Y !? r ¦, .11 of property frontage. e. Theater/movie announcement signs may be either freestanding or attached in the Eastern Corridor subdistrict of the Urban Center district, but not both. Theater/movie announcement signs shall be attached signs in the Reach Commercial and Beach Commercial Planner! Development districts, and the Rayfront and Core subdistricts of the Urban Center district. 1. Maximum number: One sign per lot. 2. Maximum area: 64 square feet for a single, theater, plus an' additional eight square feet for each additional theater. 3. Maximum height: 20 feet for a freestanding theater/movie '?? announcement sign in the Eastern Corridor subdistrict. 4. Minimum street setback: Five feet. f. Sandwich Board Signs. Sandwich board signs shall be permitted in the Core and Eastern Corridor subdistricts of the Urban Center district only. 1. Maximum number: One sign per street frontage. 2. Maximum area:. Six square feet. 3. Maximum height: Four feet. 4. Placement. Sandwich board signs may be placed on public property during the hours of operation of the business or activity to which the sign relates, and in conformance with placement standards developed by the Public Works Department to insure safe pedestrian travel, vision clearance and other safety factors. g. Menu Signs for Drive-Through Establishments. 1. Maximum number: One sign per drive-through lane. 2. Maximum area: 24 square feet. 3. Maximum height: Six feet, ' 4. Minimum street setback: 25 feet. (9) Commercial and"Industrial Planned Development Districts, Signs in Commercial and Industrial Planned Development districts shall. generally be permitted depending upon a determination by the city commission as to which of the requirements are most appropriate to the Commercial or Industrial { Planned Development district given surrounding land uses. In its determination, :. the city commission may modify any or all of the requirements for particular ' - F 27 5 F 1 Commercial or Industrial Planned Development districts. (10) Aquatic Lands-Interior 'and Aquatic Lands-Coastal Districts. Signs permitted in the Aquatic Lands-Interior and Aquatic Lands-Coastal districts shall be associated with a marina, and shall be limited to marina vessel slip signs allowed as exempt signs and the commercial marina vessel slip signs allowed as bonus signs. Sec.. 134.012. Sign bonus provisions; temporary signs. This section is established to recognize unusual circumstances which create the need to modify, in a consistent and uniform manner, the requirements of this code for sign area,,height, number and type. MeJ (a) Area bonuses. Tile maximum allowable area for an attached sign may be increased under the following circumstances, However, aIIowa a sign area bonuses cannot be combined if a sign is eligible for more than one sign bonus. Wal In no case shall any sign bonus allow a sign which exceeds 1.5 square feet for each linear foot of building width. ,? ! (1) An attached sign on a building for which the minimum required setback from an adjoining street right-of-way is 100 feet or greater is eligible for a sign area bonus according to the following schedule. Only the primary sign attached to the eligible building facade, and oriented towards the adjoining 1 street right-of-way, is eligible for an area bonus. The following formula shall be used to determine the allowable sign area for signs eligible for such bonus: (Allowable area zoning district attached signs) x sign area Setback Less than 100 feet 100 to 150 feet 151 to 200 feet 201 to 250 feet Greater than 250 feet for attached signs under applicable LESS Area of incidental/auxiliary (1 + Allowable area bonus) =Allowable Allowable additional area bonus Not available 0.25 0.5 1.0 1.25 (2) Attached signs in the Urban Center District may be eligible for a sign area bonus of 50 percent if judged to reflect one or more of the following characteristics and is found to create a positive image for the District as determined by a downtown sign review committee consisting of five members appointed by the city manager, including the development code administrator and four others. Use of classic or historic design - Use of creative images reflecting Use of symbols rather than text Use of hand-.painted lettering or 28 or style ewe Clearwater's waterfront heritage ? graphics 'I" II Use of sculpted wood, metal or, otter materials (3) Attached signs located 100 feet or more above ground level may be eligible for a sign area bonus according to the following schedule. Only the primary sign is eligible for a sign area bonus. The following formula shall be used to determine the allowable sign area for signs eligible for such bonus: (Allowable area for attached signs under applicable zoning district LESS Area of incidental/auxiliary attached signs) x (1 + Allowable area bonus) = Allowable sign area Height of sign Allowable additional area bonus Less than 100 feet Not available 100 to 150 feet 0.5 151 to 200 feet 1.75 Greater than 200 feet 2.0 (b) Height bonuses. The allowable height for freestanding signs on properties which front on overpasses or elevated roadways may be increased so that the maximum allowable sign height does not exceed ten feet above the crown height of the overpass or elevated roadway as measured from a point on the roadway that is perpendicular to the sign location. A height bonus is available only for signs which face or are oriented to the overpasses or elevated roadways. Auxiliary freestanding signs are not eligible for height bonuses. (c) Number bonus. For commercial marinas having separately licensed slips for commercial vessels, each licensed slip shall be permitted one sign containing not more than eight square feet in area placed in the vicinity of the slip to identify the vessel, rate/embarking schedules, or other information. Such sign shall be in addition to marina vessel slip signs allowed as exempt signs. (d) Sign address bonus for nonresidential properties. A freestanding or attached sign identifying a nonresidential property shall be allowed additional area according to the following schedule, provided that this allowance is used exclusively for the street address number, numbers or number range, depicted in Arabic numerals of at least three inches in height. Such numbers shall be of contrasting color to the background and displayed on the front of the establishment. One address sign bonus shall be allowed per occupancy. Property area Less than one acre 100 to 150 feet Additional sign area l 5 square feet 8 square feet (e) Temporary signs. In the event of a major public works project, such as but not limited to a road widening project, or in the event of a major storm II? event which results in the widespread destruction of existing signs, temporary a signs may be erected upon property affected by such project or event as provided herein. 29 (1) Property location. The property upon which the sign is to be erected shall be located within an area designated by a resolution of the city commission as an area adversely affected by a major public works project or by a major storm. (2) Sign types, number, size, height, and location. The following may be erected on any property located as described in paragraph (1), in addition to any other sign which may lawfully be erected on such property: a. One freestanding directional sign for each driveway on the affected roadway, each sign not exceeding twerrty (20) square feet in area and not exceeding six (6) feet in height, placed no closer than five (5) feet from any property line; or b. . One banner per property in districts other than the Commercial Center district, or one banner per freestanding building in the Commercial Center district, each banner to be attached to the building and not exceeding forty- eight (48) square feet in area. C. For the purposes of subparagraph a above, "freestanding directional sign" means any sign supported by structures or supports that is placed-on or anchored in the ground and that is independent of any building or other structure, and which exclusively contains information providing direction to or location of any object, place, or area including but not limited to, those signs indicating avenues of ingress/egress. (3) Duration. Each sign erected pursuant to this subsection shall be removed not later than seven (7) days following completion of the public works project or portion thereof affecting the visibility of the property or not later than forty-five (45) days following the storm event, whichever is applicable. As used herein, "completion" means that active construction shall have ceased and construction equipment shall have been removed from the public works project or portion thereof affecting the visibility of the property, whether the public agency has accepted the construction work or riot. Section 3. Section 134.014, Code of Ordinances, is amended to read: Sec. 134.014. Inspections. The development code administrator and the building official teeter= shall, as each may determine necessary, inspect the property to ascertain that the sign is in accord with all provisions of this development code and the building code, -re-,pec-?i-vet-r and in accord with all terms upon which the sign permit may have been conditioned. Section 4. Section 134.015, Code of Ordinances, is amended to read: Sec. 134.015. Nonconforming signs. (a) No nonconforming sign may be constructed, reconstructed, altered, renovated, relocated, replaced or otherwise changed after October 13. 1985,-the e€fective-date of-t4 is-e lap-ter-; unless such action brings the sign into 30 M?Xi r. ? ,. ¦ conformance with the provisions of this chapter, except to the extent permitted by subsection (b). below. (b) Notwithstanding the terms of subsection (a) above: (1) Any nonconforming sign ex-i6ting-en-9eteber-l-3,-4-9n5r that is damaged to the extent that the cost for complete repair does not exceed 50 per cent of the replacement cost of the sign may be repaired. (2) The message on any nonconforming sign ex-ring-en-9c-tehe;---?3; 18i may be changed one or more times after that date, provided that no alteration is made to the sign structure. However, this paragraph shall not be construed to allow a nonconforming sign which is painted on a fence or wall or the roof or a wall of a building to be altered, renovated or otherwise changed unless such action brings the sign into conformity with the provisions of this chapter. (3) A nonconforming sign may be relocated upon the same property whenever a portion of the property is acquired through the exercise of the power of eminent domain, or otherwise acquired for a public purpose by any agency having the power of eminent domain; i#-the-eelec-a- ien-43-neeesr'°ary te-reduce--the aequ?4en-449n -`-e-t he-pr- per-ty,-+iewe-ver, M- sign releeatted-pur-suant to "H h, repl-ae `d by a sign .+en true"W e# - ra er aa-+oars--du c e- #)an lae--s-igr a ng- e eeate?. Such a sign Gaya u l flen£ender-m?ng-s-inn-M14crh- - -e-1$eated-pur-suar)t to-this - pa-r-agrap shall continue to be deemed a -1-awl=u4-but- nonconforming sign and shall continue to be subject to the requirements of subsection (c) below unless specifically exempted therefrom. Any--sueh-rele( aat-4en--&hag4-net--fie-deemed-,an-exten&4n-$#-t-he--re)ne*a4 ?la?e-spec i-€-ied???ub?cet-ien-{-e-); ner-sf?a-1-1-any-sue#)-)=e-1aEat-ien-be-deemed-greunde for a neat=ens--re?u re?nents- esuee-men-?- th all asnects of this c otherwise acquired for a public purpose by any agency having the power of eminent domain shall not be required to be brought into compliance with setback requirements unless _the sign is damaged or destroyed to an extent equal to 50 percennt_ or more of its replacement cost. However, should the owner of the nronerty on which the s i on is erected desire to relocate the s i on to a conf ormi no nation with regara to setuacx, ann such relocation can oniy pe accomniisnea ' auc)h_the removal of one required parking_space,no variance shall _be _required the narking requirements to allow such relocation. (c) All signs and sign structures which are nonconforming to the requirements of this chapter as emended by Ordinance 4753-88 and Ordinance 5257- 92 but which were erected lawfully and conformed to the re u i remen is of Ordinance -- ( T035 shall not be required_ to conform to these regulations until seven _years after the effective (late of Ordinance 1753-88 or Ordinance 5257-92-whichever is applicable, unless such signs and sign structures are damaged or destroyed to an extent equal to 50 percent or more of their replacement cost. All signs and sin structures which were erected )r for to October 13, 1985 and which were rendered nonconforming b the adoption of Ordinance No. 4035 stall immediately lbeeause of a oar=iane"re-v4eus4y-gr-anted--or--bec-attse-ef---een€ormanee-witli---the-pr-e"eus4y 31 e sting sign regu4-a-Wons--a-t-0 -y--t#?e-owner of--tl?e-s-inn-er-#}e-owner- be removed or brought into compliance with the terms contained herein, the value of su the seven year period i the following: a er 13,_ 1992L_ except for (l} Any nonconforming sign located on an interstate or federal aid primary highway (i.e., U.S. Highway 19 and State Road 580 east of U.S. Highway 19) which is protected from removal by the Federal Highway Beautification Act or Ch. 479, F.S., by reason of providing compensation for removal shall be exempted from the removal terms of this rs?ubsection. This shall not, however, preclude the city from seeking to remove any such sign through an eminent domain proceeding, nor achieving sign conformance by other lawful means. In the event the Federal Highway Beautification Act or Ch. 479, F.S., is repealed, amended or adjudicated to not require compensation, then the removal provisions contained in this ,ubsection shall apply. (2) Any nonconforming sign located on Gulf-to-Bay Boulevard east of highland Avenue which, if said boulevard was classified a federal aid primary highway, would be protected from removal by the Federal Highway Beautification Act or Ch. 479, F.S., shall be made to comply with the terms contained herein or shall be removed by January 19, _1996_ w4-04-n--seven (7) yea-s-f-rer #e-e+ menr- -inanee4d-', 4763 08. may a1---date--spec #?ed---in-su sec-t4on;---4nderne e i reu ,& anees , however---shall fa44-ure--te-g4*e--er---reee4-rye-na Ee --eonut4-- .grounds-4 o onrzemp44-aflee-ef=ffn-t4me-ly--eemp4mianee. LdJ+e+ Legal nonconforming signs which exist on property annexed into the city on or before October 13, 1992, shall be subject to the removal or compliance provisions contained in subseet4on-(-.-)-•ei" this section. After October 13, 1992, sign compliance shall occur in a time and manner prescribed by the city commission in conjunction with consideration of the annexation application. LeJ-Y- Any person aggrieved by the provisions of this section may apply to the city commission for a variance in accordance with section 137.412. Any -(6.c& -request-fiT-a-vaf=i. nee 5M44-be -moiled-with-the--deve?eflu;af?ft--eede-adf?;..;??.,,?.nr_,? ?? ,.. 4-east- 9 days-pr`or- to .0 giber 13-;--1 92-,- The city commission may grant a variance only after a pub] ic hearing and upon a demonstration by the owner/lessor of a hardship different in kind and magnitude from that suffered by other sign owners or lessors similarly situated. f An sign which is in violation of Ordinance 4035 or Ordinance 4753-88 ?, and which is not rendered conforming by Ordinance 5257-92 shall be considered to {t?3' 32 +d4-4-he--deyelopment eede-,adfa4-n4-5-r-ater-5ha44--prepare an-;t?rent-Gry W., a??- fienesf erfffa ng--s-i? wig-- W efl t-i-A-eat4ofi---and -- reeer?at4n , the es de adfff-i n-isi: =aver-?hall et4f-y--t-he-proper-t}-ewfler-er--?i gf --ewner?e?er?def?i#y}n? _rY -the-aet4oa s& -ffeeessa a-1nak-t4fe--,4gn-(s) c-9f rm-to hese sign --reg $ns-;- Ue--dates-tiia-soeh signJs4--shay44---be -refrfe*?ff--net-- alter- 4--te--oef?ferfff, the oppertut}ty--te--seek ie#-t#r-oug#' a -oap+anee--preeeed4-ng-affil--the-pen I ties for- 0 Section 5. Subsection (e) is added to Section 134.018, Code of Ordinances, to read: Sec. 134.018. Interpretation and variance. * * * * * iel It is the intent of the city commission that protection of First Amendment rights shall be afforded such that an sign, display or device allowed under these re ulations ma contain in lieu of an o-ther-copV, an otherwise lawful non-commercial messa a that does not direct attention to a business operated for profit, or to a commodity or service for sale and that complies with the size, lighting and spacing requirements of these regulations. Section 6. Subsection (a) of Section 137.005, Code of Ordinances, is amended to read: [Note: Asterisks (* * *) and-'ellipses {. .) indicate that portions of existing text have been omitted. Omitted portions of text are not affected by this amendment.] Sec. 137,005. Definitions, (a) Words and terms used in this development code shall be given the meanings identified hereinafter: Certificate of occupancy/use: Certificate by the building director that a building, structure or use conforms to all applicable city ordinances. . .. G"ngeab4e --eepy s gn,-beard; A s-ign-en-w A-eh-4ile--message-4---eha+1ge4 iii"ua44y-e"ie-prenvoi-6eri. here tlie- 4fjn-4--1'sea--te"i-=eugli the ut;,iz°*;en-af- a-t-ashah'A,G- er-sue r?uniber-s;-?yii?ba4?-a??d-e ire a?E Mara -e-r, -in - fie-ea-se• of -a-b4 l bear-ddb&eugh-- - e--u -za-t-ien-ef -ehangeab le-der-ram-panels.- Change of use (or changed use): _A change of use of a building, structure or property. . s 33 )e AW 4AJ? ¦ 's i j ,. i f MOTION TO AMEND ORDINANCE 5257--92 On page 28, amend Subsection 134..012(a)(1) as follows: Sec. 134.012. Sign bonus provisions. This section is established to recogniz.--.unusual circumstances which create the need to modify, in a consistent and uniform manner, the requirements of this code for sign area, height, number and type. (a) Area bonuses. The maximum allowable area for an attached sign may be increased under the following circumstances. However,, allowable sign area bonuses cannot be combined if a siren is eligible for more than one sign bonus. In no case shall any sign bonus allow a sign which exceeds 1.5 square feet for each linear foot of building width. (1) An attached sign for a freestanding business or a major tenant in a shopping center which is set back en-a building fer whieh the minimum required aek- from an adjoining street right-of-way_, or a proposed street right-of-wax as shown on the City Transportation Improvement Program or the adopted transportation element of the city's comprehensive plan, whichever is less is .100 feet or greater is eligible for a sign area bonus according to the following schedule. Only the primary sign attached to the eligible building facade, and oriented towards the adjoining street right-of-way, is eligible for an area bonus. The following formula shall be used to determine the allowable sign area for signs eligible for such bonus: l' t I ! f i I. i. t' jf.• { f 1 F. i 1 M- 1. q MOTION TO AMEND ORDINANCE 5257-92 On page.26, amend Subsection 134.011(d)(B)b.2 to read: However, no individual projecting sign shall exceed 16 eight square feet in area, nor shall such signs project more than 42 inches from the facade of the building to which they are attached. NOTE: Here is how this amendment fits into the overall context in which it appears: Sec. 134.011. Permitted signs; sign standards.. (d) Requirements in specific zoning districts. (B) Urban Center, Beach Commercial and Beach Commercial Planned Development districts. The following types of signs are permitted in the Urban Center, Beach Commercial and Beach Commercial Planned Development zoning districts: b. Attached signs shall be permitted per occupancy as follows: 2. Type: The following types of attached signs may be permitted, provided the cumulative area of the attached signs does not exceed the maximum area above: Wall sign Canopy or awning sign Permanent window sign Projecting sign Integral roof sign However, no individual projecting sign shall exceed 15 eight square feet in area, nor shall such signs project mare than 42 inches from the facade of the building to which they are attached. ?F •r , ?. MOTION TO AMEND ORDINANCE 5257-92 On' page 11, amend Section 134.010 by deleting the 'prohibition ;. -against off-premise-signs. NOTE:. This motion, if adopted, will delete the following from a section which begins-by saying, "The following types of signs are j prohibited:" 1 Off-premise :.signs, except for governmental and public purpose, directional signs, garage or yard sale directional signs, real estate open house signs, or where specifically provided for elsewhere in this ordinance.. 1 i ORDINANCE NO. 5257-92 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING CHAPTER 134, CODE OF ORDINANCES, RELATING TO SIGNS AND SIGN REGULATIONS; AMENDING SECTION 137.005, CODE OF ORDINANCES, RELATING TO DEFINITIONS; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 134.006, Code of Ordinances, is amended to read: Sec. 134.006. Definitions Key-def4n4t4onrx. t •i? Advertising: Any form of public announcement i ndirectly, in the sale, use, or promotion of a pr, ctivity, or entertainment. Animated sign: An sin which includes ac? llusion of action or motion or color changes of a' acing, requiring electrical energy or set in mi tmosphere or a_sign_ma_de _up of a_s_eri_es of _sections wo or_more _pictures or messages _in _the copy area, _e igns.__Animated signs shall include-electronic ri essaoe chanoes more often than once everv 24 hours. 1 ce part of the sign movement of the i and sto to show ?e and temperature rds in which the j r Area or surface Su T-aee area of a sign: The area in sagare -feet, - enclosed by a -rectangle, parallelogram, triangle, circle, - semi-circle, cross,- other geometric figures, or other architectural design, the-sides of which make contact with the extreme points or edges of the._sign,,exclud_ing the supporting structure which does not-form ?part of the _ sign-proper or of the display, 'The-area of a sign com osed of characters of words attached direct] to 'a large, uniform building wall surface shall be the smallest rectangle, triangle, circle, parallelogram, other geometric figure, or other-- architectural. design-, or combination of not more than two of such figures_ or designs,- which encloses the whole group of words -or-chara_r."ers. Unless otherwise indicated, "area" means area per sign face. 4e-sama,- ..?- r?-r -apes-4'4 gtOrir-cul r or SeM,7, ,r ?u la--r-t a--of--a sitg- yi?ieh fl-,4-1y ern . e• .-i`an g u 1 r messages. Attached lion: Anv sign attached to, on, or sunnorted by anv Dart of a building- (e.g.. walls, mansard, roof/wall, awninq, windows, or canopy) which encloses or covers usable-space.- Auxiliary freestanding sign: An additional freestanding sign allowed due to exceptional property frontage characteristics. Banner: A sign having characters, letters, numbers, illustrations, symbols or ornamentation backed by fabric, paper or similar material and attached to a pole, halyard, rope,-wire, string, cord or similar device or to a building at one or more ed es orb one or more corners. The term does not include flags as defined in this section. Beacon: A stationary- or revolving- light which flashes or projects illumination, single _color _or multi-colored, in any manner which is intended to attract or divert -attention,- except,, however,- this term is not intended to include any kind of _lighting- device which is required or necessary under the safety regulations described by the Federal Aviation Agency or similar ag_enciesr Bench signs/bus shelter_signs:_ _A bench or -bus shelter- upon which a sign is drawn_,_ painted _ Qrinted, or otherwise affixed thereto. Bui_ld_in_a setback line: A line beyond which no building may extend, as established by ordinance. A building setback line. in some instances. may coincide with the ?rooerty l-i'ne. 2 l F t 1 Business establishment: Any individual person, _non-profit organization, partnership, corporation, other organization ar le ai entit holdin a valid occupational license and occuP,ying distinct and separate physical space. Cano awnin sign: An sign that is a part of or attached to an awning, canopy, or other fabric, plastic or structural protective cover over a door, entrance, window, or outdoor service area.- A_marquee is not a cano-py. Changeable message: A portion of 'a sign which message copy is changed manually or automatically in the field through the utilization of attachable letters, numbers, symbols, and-other similar characteristics. Construction sign: Any_sign__giving- _the_name _ of_principal contractors, architects, andlor lending institutions responsible for construction on the site where the sign is placed, together with other information included thereon. Directional sign: Any sign which exclusively contains information providing direction or location of any object, place, or area including but not limited to, chase signs indicating avenues of in Directory/information sign: Any sign- providincL information primarily intended to direct persons to a tenant or service located-or provided in a multi- tenant building or property. - - Double-faced sign: _A-sign_which has-two dis-lay surfaces backed against th_e_same_background, one face of which is desi ned., to be seen from one' direction and the other from the apposite direction, every point on each face being either in contact with the other face or in contact with the same background. Erect: To build, construct, attach, hang, place, suspend or affix. The term includes, but is not limited to, the painting of a sign. Exempt sign: Any sign for which a_permit is not reguired._ An exempt sign shall comply with all other terms and conditions of these regulations. Flag: A banner containing distinct colors patterns or symbols, used as a symbol of a government, political subdivision, corporation, business, or other entity. - •-- - --,. Freestanding sign: Any sign supported by structures or supports that are ,laced on or anchored in the around and that are independent of anv buiidino or runs ara t le t to and along, a road ri ht-ot--wa of street exclusive or a I Ie - wd s . 3 ?r Frontaae, property: The lenoth of the orooerty line for a parcel which ¦ Gasoline price display sign: Any sign which di_spl?lys the prices of gasolines for sale. Government or public purpose sign: A sign serving a public purpose and installed or approved by a public agency. The term includes but is not limited to traffic directional signs, community identity and entrance signs, signs or banners for special' communit events as determined b the city commission or city manager, signs for parks and stadiums_ (including signs promoting events scheduled to be held in the parks and stadiums), signs located on private property which promote special events for the benefit of charitable, pon-profit organizations, and public signs that provide dissection to places of interest. The term does not include signs containing advertising except to the extent allowed by this -chapter. .? _ Ground level: The lower of finish grade of a parcel of land exclusive of anv fillina. bermina. rttoundina or excavating solely for the purpose of locatina sleight: The vertical distance measured from ground level nearest the base of the sign to the highest point of the sign. Identification sign: Any sign which indicates no more than the name, address, company logo and occupation or function of an establishment or'premise. A sign, usually displayed for the purpese r-4 r d e n t i f i e a t i a n n ?, Zn r nv ['TTV" :E C'S?f TM'C rT--4 r- 7 n? ITn.TJ^ C? n .Z b ef? ease ef i den -W e a' 1 9nn --i a 4 a v - t - ? 1 i t . T - c c r r and leg i, bi iij - u g , - wh i e h s'-i g n-may be u fer i to - e8 L-r n f- .. e r d s- Inc_identalattached sign: Any sign, sUch as credit card or business hours signs which -provides information incidental to the identification of the business _to_which-the sign is attached. Integral roof s„ign:. Any sign constructed as an integral part. of a normal roof structure so ton as that portion of the roof structure where the sign is attached does n-.t sloe more than 45 de reel past the vertical and where no art cf .the_sign extends above. the roof or is ..s separated from the rest of the roof by a spa_ce_ of more than six inches. Intearal sign: Any sign which specifies the name of a building, date of erection monumental citations and the like when carved into stone concrete or similar material or made _of_bronze, -aluminum or other permanent construction and made an'intearal part of the building. I-laintenance: The replacing, repairing or repainting_of_a_portion of _a signs structure, periodically _changing _chanaeable copy or renewing copy_which has been made unusable by ordinary wear or weather or accident. Menu sign-(for drive-through establishments): Any sign placed so as to be viewed from a drive-through lane and containing only a listing of products, with .rites offered for sale b the business. A menu sin may include a mechanism for ordering products while viewing the sign,. s 4 Multi-tenant buildin : A building where more than one business is servic h a common entrance and where such businesses may be located above the fir story or otherwise be without--frontage on a public right-of-way. Nonconforming_ sign: Any sign that does not conform to the requirements these regulations. Off premise sign: Any sign identifying or advertising a product, busines person, activity, condition, or service not located or available on tile same 1 where the sign-is installed and maintained. T On-premise sign: Any sign which identifies a use, business dr advertis a-product for sale _or?service to be?rendered _ on the lot where the sign located. _ -. -? - T? _ - - Pro'ectin sign: An sign affixed er endicularl to a building or wal uch a manner that its_leading edge extends more than one foot beyond th ace of such building or wall. Publiclsemi-public sign-.--- Any- erected on site for a non-profit o i- ublic use such as a librar school church hospital, or -government. owne ding. Real estate sign: An sign advertisin the sale rental or lease o ises, or art of the remises on which the sign is displayed.- Roor-sign: Any sign erected and constructed wholly on or above the roo building, suogorted by the roof structure. extent intenral roof sions. Sign: Any writing, picture, symbol, banner or other graphic communication or device which is primarily used to convey information, attract attention,, or advertise and is prominently visible from an outdoor location. The term includes the sign structure. Sign face; The pert of the sign that is or c'an be used to identifv. 5 tr r Portable sign: Anv sign not permanently attached to the ground or other permanent structure, or a_sign designed to be transported, including, but not limited to: signs designed to be transported b means of wheels; balloons and other inflatables• and umbrellas used for advertising. r display, advertise communicate information or for visual re resentation which attracts or intends to attract the attention of the-public for an ur ose. Sign structure: An structure which is designed specifically for the purpose of sup porting a si n has supported, or is capable of supporting a si n. This definition shall include an decorative covers braces wires supports, or components attached to or Oaced around the sign structure. -T4}e--suppD t. , String° of pennants: Any series of pieces of cloth_ plastic, paper, or other material attached in a row at onl one or more edges, orb one or more corners, the remainder hanging loosely, to anv..wire,_cord,___string, rope, or similar device. The term includes but is not limited to_pe_nnants, streamers, spinners, ribbons,. and_tinse_1_ Subdivision sion: A si n which is primarily intended to display the name of a platted subdivision or other residential develo ment includin a mobile home-park, but may contain supplemental information so long as such Supplemental information is clearly_ incidental to the display of the name of the platted subdivision or other residential development, including a mobile home ark. {i-i-rac?area; --r-rre smallest -rce , trapezoidal, rrg ' eireular- tr-4aRgulai-, me 9 s a g ee-s. Temporary sign: -A sign which is displayed for a limited period of time usually less than one year but _not _to exceed the time authorized b this development code for a particular temporary sign use. Time and temperature sign: A sign containing illuminated numerals and displaying the time and temperature only. Vehicle sion: A sign attached to or placed on a vehicle (including automobiles, trucks, boats,--camper s, and trailersIthat is parked on or otherwise utilizing a public right=of-way, public property-or on private property so as to be intended to be viewed from a vehicular right-of-way for the basic-purposes of providing advertisement of _products or services or directing people to a business or activity. Phis.definition is not to be construed to include those signs that identify a firm or its rinci al products on a vehicle unless such vehicle is parked in such a manner that it is intended to provide advertisement of products or services or to direct people to a business or activity) or such advertising devices-as may be attached to and within the normal unaltered lines of the vehicle of a licensed transit carrier when and during that period of time said vehicle is regularly and customarily used to traverse the public hi+ghways during 6 •r t.l?r2 trcit;l}tttl cottr?.e of Iltls?nCSS, sian: _A si,on parallel to and piacE to the exterior wall of a building or structur on or atta ection 2. Article 11 of Chapter 134, Code of Ordinances, consisting of Sections 134.007 through 134.012, is amended to read: ARTICLE II. SIGN STANDARDS [Note:. Substantial revision. See current code for existing text.] Sec. '134.007.,-Permitted sign types. The following sign types shall be permitted in the various zoning districts: (1) Freestanding signs (including auxiliary freestanding signs). (2) Attached signs: - Wall signs - Canopy or awning signs - Permanent window signs - Temporary window signs - Projecting signs - Incidental attached signs - Integral signs - Integral roof signs ?` - Machinery signs Attached menu signs 4 ' r (3) Freestanding or attached signs: Bulletin board signs. - Construction signs. } - Directional signs. - Directory/Information signs. - Garage and yard sale signs, ` - Gasoline price display signs, - Menu signs for drive-through establishments. 7 r ? 3 1i f _ ._ a f - Political signs. - (teal. estate signs. - Sandwich board signs. - Theater/movie announcement signs. - Time and temperature signs Sec. 134.008. Visual clearance, sight triangle, and clear distance. (1) The visual clearance and sight triangle, to assure adequate sight distance at the intersection of two public roadways and at the intersection of a public roadway and an accessway or driveway, shall follow the criteria of the Florida Department of Transportation's Manual of Uniform Minimum Standards for Design, Construction, and Maintena lice for Streets and Highways, or criteria otherwise specified by the city manager or designee. (2)'' For any sign which projects over a sidewalk or other pedestrian access area, a minimum clear distance of nine feet shall be maintained as measured from ground level to the bottom portion of the sign structure which projects over the sidewalk or other pedestrian access area. For any sign which projects over a right-of-way or other vehicular access area, a minimum clear distance of 14 feet shall be maintained as measured from ground level to the bottom portion of the sign structure which projects over the right-of-way or other vehicular access ! area. Signs that project over public sidewalks and rights-of-way shall require the approval of the director of public works. Sec. 134.004. Exempt Signs. The following types of signs are exempt from the permitting requirements of this chapter, provided that number, area, and other limitations set forth in this section are satisfied. The area of exempt signs shall not be included in determining compliance with maximum allowable sign area requirements. Exempt signs are allowed in addition to signs for which permits are required. An otherwise exempt sign which exceeds the limitations of this section shall require a permit. (1) Address signs for residential properties, l iwited to one address sign per residential property or per each platted residential subdivision or property entrance. The address numbers shall be at least three inches in height, in arabic numbers, and of contrasting color to the background. Address signs shall be displayed on the front of the property. Address signs for nonresidential properties are not exempt. The area of address signs shall be limited as follows: Zoning district 'Maximum sign area Single family residential 2 square feet Multiple family residential 6 square feet (2) Art work. (3) Architectural detail. 3 F i -a °i r (4) Changeable message oil permitted signs. This exemption does not include changes to the sign structure, (5) Commemorative signs for religious holidays, limited to displays during a period of time beginning 30 days before and ending 15 days after the holiday. This exemption includes lighting, figures, and other similar displays that may be regarded as a sign, but does not includo commemorative, signs of types which are expressly prohibited by this chapter. (6) Construction signs, limited to one sign per lot frontage. Construction signs may lie displayed only during the time a valid building permit is in force. The area of construction signs shall be limited as follows: Zoning district Maximum sign-area Single family residential 16 square feet Multiple family residential 32 square feet Nonresidential 32 square feet (7) Flags, limited to one flag on any single-family residentially zoned property; not more than one flag per dwelling unit, displayed at the dwelling unit, on any duplex or multi-family residentially zoned property; not more than two flags on any nonresidentially zoned property; and not more than three flags on public property. On duplex or multi-family residentially zoned properties, "displayed at the unit" means one flag may be displayed on or at each dwelling unit, and may not be combined with flags from other dwelling units in a multiple- flag display. Flags, shall be positioned so that no part of a flag is able to encroach over a public right-of-way. (S) Garage and yard sale signs, not to exceed four square feet in area, and not to exceed one sign per lot frontage. Directional off-site garage or yard sale signs may be permitted for a particular lot only on those days when there is a garage or yard sale in progress. No sign shall be placed within a street right-of-way. (9) Government and public purpose signs. When located in a public park or other public property, stadium signs and signs erected for special community events may include commercial messages for vendors and event sponsors. Signs located on. private property which promote special events for the benefit of charitable, nonprofit organizations shall not be erected for longer than four days for each event, nor shall such signs be erected more frequently than'two times per calendar year; such signs may include commercial messages for vendors and sponsors. (10) Incidental attached signs, provided that the total area of all incidental attached signs shall not exceed two square feet per building frontage. . (11) Integral signs. Integral signs shall be allowed so long as`the total area of such signs does not exceed two square feet per building facade. (12) Machinery signs. Examples are signs on newspaper machines, vending machines, gasoline pumps, and public telephone booths. 9 (13) Marina vessel slip signs. Each individual vessel slip at a marina may be identified with a sign not exceeding flour square feet in area placed in the vicinity of the slip. (14) Menu signs (attached) placed in the vicinity of entrances or service windows of restaurants and not exceeding a total of four square feet per entrance or service area. (15) On-site directional signs. No individual sign shall exceed four square feet in area unless otherwise specified. Business logos or other symbols may be placed on on-site directional signs so long as they do not exceed 25 percent of the area of the sign and are clearly incidental or complementary to the directional message of the signs. (16) Political signs. One sign shall be allowed for each candidate or issue per each road frontage. Signs in residential districts shall not exceed six square feet in area. Signs in nonresidential districts shall not exceed 32 square feet in area. Political signs shall be erected no sooner than 60 days prior to the election for which they are intended, and shall be removed within seven days after the election for which they are intended. (17) Real estate signs. Signs in residential districts shall not exceed six square feet in area. Signs in non-residential districts shall not exceed 32 square feet in area. Freestanding real estate signs shall be placed a minimum of five feet from all property lines. One real estate sign per saleable or leasable unit shall be permitted. However, only one freestanding real estate sign per property frontage shall be permitted; any additional allowable signs shall be attached signs. Directional off-site real estate signs shall be permitted for a particular lot only on those days when there is an open house. Waterfront parcels shall be permitted one real estate sign oriented toward the water in addition to the real estate sign(s) permitted for non-waterfront property; such signs may be freestanding or attached in single family zoning districts, but shall only be attached signs in other zoning districts. Saleable or leasable units fronting on two or more streets shall be allowed the permitted real estate signs for each frontage, but these signs cannot be accumulated and used on one street in excess of that allowed for the saleable. or leasable units based on that one street frontage. For parcels with over 500 feet of street frontage on one right-of-way, one additional freestanding real estate sign may be permitted. (18) Stadium signs that face inward toward a stadium and are not intended for viewing from adjacent properties or rights-of-way. l i (19) Temporary window signs. Signs shall be allowed in nonresidential zoning districts for a period not longer than 30 days. The maximum area of said signs shall be 20 percent of window area or 100 square feet, whichever is less. The area to be used for such signs shall be clearly delineated with paint, taj,C-. or other markings to aid in the enforcement of the area requirements of this section. (20) Warning signs,-not to exceed two square feet in area. 10 i? Sec. 134.010. Prohibited signs. The following types of signs are prohibited: Abandoned signs. Abandoned signs and/or sign structures which are determined to be nonconforming with the provisions of this section shall be required to be removed by the property owner within 30 days after receipt of notifs.ication (or refusal to accept delivery of notification by certified mail) that` such removal is required. Alternately, the sign panel(s) within the abandoned sign structure may be removed and replaced with sign panel(s) of neutral color and containing no message. k 3 .E E i 3 Banners, flags, balloons, cold air inflatables, streamers, and strings of pennants, except where allowed as governmental and public purpose signs for special events of limited time and frequency, as approved by the city manager or the city commission, and except banners and flags where allowed as an exemption from the permitting requirements of this chapter or where permitted as free- standing or attached signs. Bus shelter signs and bench signs. This prohibition shall not be construed to include the identification of the transit company or its route schedule. Changeable message signs, except menu and time and temperature signs, in which the message changes more rapidly than once every 24 hours. Menu signs in which the message changes more rapidly than once every three hours. Off,-premise signs, except for governmental and public purpose directional signs, garage or yard sale directional signs, real estate open house signs, or where specifically provided for elsewhere in this ordinance. Pavement markings, except official traffic control markings and street addresses. Portable signs. Roof and above-roof signs. Sandwich board signs, except in the Core and Eastern Corridor subdistricts" of the Urban Center District. 1 '11- Signs attached to or painted on piers or seawalls, other than official regulatory or warning signs. Signs in or upon any river, bay, lake, or other body of water. Signs located on publicly-owned land or easements or inside street rig6ts- of-way, except signs required or erected by permission of the city manager or city commission, and sandwich board signs to the extent permitted in,the Core and Eastern Corridor subdistricts of the Urban Center district. Prohibited signs shall include, but shall not be limited to, handbills, posters, advertisements, 11 i i }I or notices that are attached in any way upon lamp posts, telephone poles, utility poles, bridges, and sidewalks. Signs that emit sound, vapor, smoke, odor, particles, or gaseous matter:, Signs that have unshielded illuminating devices or which reflect lighting onto public rights-of-way thereby creating a potential traffic or pedestrian hazard. Signs that move, revolve, twirl, rotate, flash, including animated signs, multi-prism signs, floodlights and beacon lights except when required by the Federal'Aviation Agency or other governmental agency. Signs that obstruct, conceal, hide, or otherwise obscure from view any official traffic or government sign, signal, or device. Signs that present a potential traffic or pedestrian hazard. This includes signs which obstruct visibility. Signs attached to or placed on any tree or other vegetation. Signs tarried,` waved or otherwise displayed by persons either on public rights-of-way or in a manner visible from public rights-of-way. This provision is directed toward such displays intended to draw attention for a commercial purpose, and is not intended to limit the display of placards, banners, flags or other signage by persons participating in demonstrations, political rallies and similar events. Snipe signs. Temporary window signs in residential districts. Three-dimensional objects that are used as signs. Time and temperature signs in which the message changes more rapidly than once every 15 seconds. Vehicle signs, and portable trailer signs. Any sign that is, not specifically described or enumerated as permitted within the specific zoning district classifications herein. Sec. 134.011.• Permitted signs; sign standards. (a) Purpose., It is the intent of this section to regulate signs by sign type. Permits are required for these signs. The requirements of this section are in addition to all other applicable requirements of this chapter. In the event of a conflict between the requirements of this section and other applicable requirements, the more stringent requirements shall govern. (b) Sign standards, general rules. 12 (1) Area computation. The area of a sign shall be computed on the basis of the smallest square, circle, rectangle, cross, other geometric figure, that will encompass the extreme limits of the writing, representation, emblem, lighting, or other display, together with any material, color, or border trim forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which is placed. The computation of a sign area does not include any framework, bracing, fence or wall that is reasonably necessary to support the sign. (2) Area and sign face. The area of a sign shall be computed on a per sign face basis and all requirements with respect to sign area refer to the area of a single face of a sign. A double-faced sign shall be permitted to have the allowed area for a single-faced sign on each of the two faces of the double-faced sign. (3) Minimum setback. The setback of a sign shall be measured from a property line to any portion of the sign structure. a. . For attached signs, there shall be no minimum setback. b. For all other signs, the minimum setback shall be five feet from each side and rear property line. The minimum setback from a street shall be as set forth in this chapter. (4) Lots fronting on two or more streets. Lots fronting on two or more streets functionally classified as collector or arterial streets are allowed the permitted signage for each frontage, but such signage cannot be accumulated and used on one street in excess of that allowed for the lot based on that one street frontage. (5) Shopping centers, office complexes, retail complexes, and multi- tenant buildings. Properties developed as shopping centers, office complexes, retail complexes, or multi-tenant buildings are allowed the permitted area?of attached signage for each occupancy that has a separate and distinct public entrance, but such signage cannot be accumulated and used on any one occupancy ` in excess of that generally allowed for the zoning district in which the property is located. (6) All unauthorized signs found within any public property including existing rights-of-way shall be moved by the owner of the sign at no expense to the city or the governmental agency having jurisdiction over the property. Nothing shall prohibit .a duly authorized local official from removing a sign from public property and properly discarding it. ? (7) All signs shall comply with applicable building and electrical code requirements. (S) Nothing in these regulations shall be construed to prevent or limit the display of legal notices, warnings, informational, directional, traffic, or other such signs which are legally required or necessary, for the essential functions of governmental agencies. 13 I (c) Sign standards, by type of sign. (1)f Attached signs. a. Viewable from a street right-of-way: The permitted area for attached signs viewable from a street right-of-way shall be based upon 1.5 square feet for each linear foot of building width. Such signs shall be oriented in a manner generally parallel to the, street frontage toward which the sign is to be oriented. Building width shall be measured along the street frontage toward which the sign is to be oriented. . b. Associated with a business entrance, not primarily viewable from a street right-of-way: Attached signs associated with a business entrance and not primarily viewable from a street right-of-way may be permitted so' long as the area of such signs does not exceed the allowable area for attached signs established in the preceding paragraph. Such signs shall be located above or in otherwise close proximity to a business entrance that is not primarily viewable from a street right-of-way. In calculating the allowable area for such signs, building width shall be measured along the building wall on which the sign is to be oriented. (2) Freestanding signs. a. Number of sign message panels: No freestanding sign shall have•its allowable surface area divided into more than two separate message panels. In computing the area of such signs, the area of the space between the message panels shall be included in the calculation of the area of the sign. b. Height: The height of a freestanding sign shall be computed as the distance from the base of the sign at ground level to the top of.any portion of the sign or sign structure, whichever is taller. C. Auxiliary freestanding signs: Auxiliary freestanding signs, where permitted, shall be oriented towards''the street that permits their use. ' (3) Directory/information signs shall be' allowed in all nonresidential districts except where specifically prohibited. Not more than one directory/ information sign shall be permitted per' street frontage. The maximum height of a directory/information sign shall be eight feet. (4) Illuminated signs. a'. The light from any illuminated sign shall be shaded, shielded, or directed away from adjoining street rights-of-way and properties. b.. No sign shall have blinking, flashing, or fluttering lights or other illumination device which has a changing light intensity,. brightness, color, or direction. c. No colored lights shall be used at any location 'or in any manner so as to be confused with or construed as traffic-control devices. 14 t I t d. Neither the direct nor the reflected light from primary light sources shall create a traffic hazard to operators of motor vehicles on public thoroughfares. ' ,(5) Banners and f 1 ags. A .banner or f 1 ag may be used as a permi tted free- standing or attached sign and, if so used, the area of the banner or flag shall be included in, and limited by, the computation of allowable area for free- standing or attached signs on the property, (b) Garage or yard sale signs shall be subject to the following: a. Maximum area: Four square feet per sign. b. Duration: Signs shall be erected for a period of not longer than t three days per event and not more frequently than two times (events) per calendar year. C. Off-premise directional signs for garage or yard sales shall -be permitted only on each day during which an active garage or yard sale is taking place. Such signs shall be placed on private property only. (7) Gasoline price display signs shall be allowed in all nonresidential districts except where specifically prohibited. Gasoline price display signs shall be placed in the vicinity of the pump islands and shall not extend above any pump island canopy, or they shall be attached to the primary freestanding sign for the property: If attached to the freestanding sign, the area of the gasoline price display sign shall be counted toward the allowable area for the freestanding sign. (8) Theater/movie announcement signs may be either freestanding or attached, but not both, unless required by zoning district regulations to be freestanding or attached signs. Freestanding theater/movie announcement signs shall be allowed in addition to other freestanding signs allowed for properties developed as shopping centers, office complexes, retail complexes, or multi- tenant buildings. Freestanding theater/movie announcement signs shall be allowed, as substitutes for the allowable freestanding signage. for other properties. Attached theater/movie announcement signs shall be in addition to the allowable attached signage. (9) Time and temperature signs shall be allowed in all nonresidential districts except where specifically prohibited. The maximum area for the time and temperature portion only shall be 20 square feet. The area of a time and temperature sign, whether attached or freestanding, shall be included in determining the cumulative area of signs on a property. (d) Requirements in specific zoning districts. (1) Residential zoning districts, The following types of signs are permitted in residential zoning districts, including Mobile Nome Park and Residential Planned Development districts: 15 i t, i . a. . Subdivision/entryway signs: f ' 1. Maximum number: Two signs for each platted subdivision or property entrance. If two signs are used for an entrance, each sign shall be a single- faced sign, and the signs shall be located on opposite sides of the entrance to !. which they are oriented. 2. Maximum area. '24 square feet. f . 1 3. Maximum height: Six feet. i 4. Minimum street setback: Five feet. b. Residential identification signs (e.g., nameplates):. 1. Maximum number: One sign. 2. Maximum area: Two square feet, 3. Such signs shall be attached signs only. C. Signs for nonconforming uses in residential districts: 1. Maximum number: One sign. , 2. Maximum area: 24 square feet. 3. Such signs shall be attached signs only. (2) Public/Semi-Public, Open Space/Recreation and Recreational Planned Development zoning districts: The following types of signs are permitted in public/Semi-Public, Open Space/Recreation and Recreational Planned Development zoning districts: a. Freestanding signs: 1. Maximum number: One sign per lot. For parcels with over 500 feet of street frontage oc one right-of-way, one auxiliary freestanding sign may be permitted; such auxiliary sign shall be spaced at least 300 feet from all other freestandi ng signs on the same property. . 2. Maximum area: 48 square' feet. The total maximum area for an i auxiliary freestanding sign shall be 24 square feet. 3. . Maximum height: 12 feet. The maximum height for an auxiliary freestandi ng sign shall be eight feet. i` 4. Minimum street setback: Five feet. b. Attached signs shall be permitted per occupancy as follows: 16 0 j f 1. Maximum area: Q square feet. doessigns 2' Type: The following the attached attached not exce d thermaxi mum provided the cumulative area allowable area for attached signs: Wall sign Canopy or awning sign Permanent window sign Projecting sign integral roof sign 3.. Maximum number: Five. Not more than three attached signs shall be of any single type listed above. C. Directory/ information signs shall be permitted on lots developed with two or more multi-tenant buildings containing a minimum cumulative area of 25,000 square feet of gross floor area, as follows: 1. Maximum area: 20 square feet. 2. Minimum street setback: Equal to the required structural setback for the zoning district in which the sign is erected. d. Theater/movie announcement signs: 1. Maximum number: One sign per lot. 2. Maximum area: 64 square feet for a single theater, plus an additional eight square feet for each additional theater. 3. Maximum height: 20 feet, for a freestanding theater/movie announcement sign. 4. Minimum street setback: Five feet. e. Menu signs for drive-through establishments. 1. Maximum number: One sign per drive-through lane. 2. Maximum area: 24 square feet. 3. Maximum height: Six feet. 4. Minimum street setback: 25 feet. f. Bulletin boards for government office, recreational area, school and church uses: 1. Maximum number: One bulletin board per frontage. 21 Maximum area: 24 square feet. 17 n! i i i i ..._._.= yyf? F:. r E 4 , 3. Maximum height: Six feet. 4. Minimum street setback: Five feet. (3) Limited Office, Neighborhood Commercial, and North Greenwood Commercial districts, The following types of signs are permitted in the Limited Office, Neighborhood Commercial and North Greenwood Commercial zoning districts. However, signs erected in the North Greenwood Commercial District shall be designed, located and illuminated in accordance with the design standards adopted ' by the city commission by resolution. a. Freestanding signs shall be permitted as follows. However, freestanding signs in the North Greenwood Commercial District shall only be permitted for developed properties fronting on North Greenwood Avenue which maintain a building setback of at least 15 feet from any right-of-way. 1. Maximum number: One sign per lot. For parcels with over 500 feet of street frontage on one right-of-way in the Neighborhood Commercial district, one auxiliary freestanding sign may be permitted;' such auxiliary sign shall be spaced at least 300 feet from all other freestanding signs on the same property. 2. Maximum area: District Maximum area s care feet Limited Office 24 Neighborhood Commercial 50 North Greenwood Commercial 15 The total maximum area for an auxiliary freestanding sign shall be 25 square feet in the Neighborhood.Commercial district. Auxiliary freestanding signs shall be prohibited in the Limited Office and North Greenwood Commercial districts. 3. Maximum height: District Maximum height (feet Limited Office 8 Neighborhood Commercial 20 North Greenwood Commercial 12 The maximum height for an auxiliary freestanding sign shall be ten feet in the Neighborhood Commercial District. 4. Minimum street setback: Five feet. 5. Time and temperature signs: Time and temperature signs shall be allowed in the Neighborhood Commercial district. Such signs shall be prohibited in the Limited Office and North Greenwood Commercial districts. 18 t b. Attached signs shall be permitted per occupancy as follows: 1. Maximum area: The maximum total area for all attached signs shall be 24 square feet in the Limited Office district, 48 square feet in the Neighborhood Commercial district, and 20 square fees, in the North Greenwood Commercial district. 2. Type: The following types of attached signs may be permitted, provided the cumulative area of the attached signs does not exceed the maximum area above: Mall sign Canopy or awning sign Permanent window sign Projecting sign Integral roof sign 3. Maximum number: Five attached signs, with not more than three attached signs being of any single type listed above. 4. Permanent window signs: In the North Greenwood Commercial district, F in addition to the attached signs otherwise allowed, permanent window signs may occupy not more than 20 percent of the window area of a building. C. Time and temperature signs. Time and temperature signs shall be allowed in the Neighborhood Commercial district. Such signs shall be prohibited in the Limited Office and North Greenwood Commercial districts. d. Directory/information signs shall be prohibited in the North Greenwood Commercial district. Directory/information signs shall be permitted in the Limited Office and Neighborhood Commercial districts on lots developed, with two or more multi-tenant buildings containing a minimum cumulative area of 25,000 square feet of gross floor area, as follows: I. Maximum area: 20 square feet. 2. Minimum street setback: Equal to the required structural setback for the zoning district in which the sign is erected. { e. Gasoline price display signs. 1. Maximum number:' One sign per pump island. ... 2. Maximum area: 24 square feet, cumulative for all signs, regardless of property frontage. (4) General Office, Resort Commercial "Twenty-four" and "Twenty-eight," "B," and Office Planned Development districts. The following types of signs are permitted in the General Office, Resort Commercial "Twenty-four" and "Twenty-eight," "B," and Office Planned Development zoning districts: 19 ' 0 a. Freestanding signs: 1.' Maximum number: One sign per lot. For parcels with over 500 feet of street frontage on one right-of-way, one auxiliary freestanding sign may be permitted; such auxiliary sign shall be spaced at least 300 feet from all other freestanding signs on the same property. 2. Maximum area: 50 square feet. i The total maximum area for any auxiliary freestanding sign shall be 25 square feet. 3. Maximum height: 20 feet. The maximum height for an auxiliary freestanding sign shall be ten feet. 4. Minimum street setback: Five feet. b. Attached signs shall be permitted per occupancy as follows: 1. Maximum area:. 56 square feet. 2. Type: • The following types of attached signs may be permitted, provided the cumulative area of the attached signs does not exceed the maximum area 'above : ?r WaI sign Canopy or awning sign Permanent window sign Projecting sign Integral. roof sign 3. Maximum number: Five attached signs, with not more than three attached signs being of any single type listed above, C. Directory/information signs shall be permitted on lots developed with two or-more multi-tenant buildings containing a minimum cumulative area of 25,000 square feet of gross floor area, as follows: 1. Maximum area: 20 square feet. 2. Minimum street setback: Equal to the required structural setback for the zoning district in which the sign is erected. d. Gasoline price display signs. 1. Maximum number: One sign per pump island. 2. Maximum area: 24 square feet, cumulative for all signs, regardless of property frontage. e. Theater/movie announcement signs. 1, Maximum.number: One sign per lot. 20 4 i1 i• 4• =r 2. Maximum area: 64 square feet for a_ single theater, plus an additional eight square feet for each additional theater. 3. Maximum height: 20 feet, for a freestanding theater/movie announcement sign. 4. Minimum street setback: Five feet.- f. Menu signs for drive-through establishments. 1. Maximum number: One sign per drive-through lane. 2. Maximum area: 24 square feet. 3. Maximum height: Six feet.' 4. Minimum street setback: 25 feet. (5) General Commercial, Research, Development and Office Park and Limited Industrial districts. The following types of signs are permitted in the General Commercial, Research, Development and Office Park and Limited Industrial zoning districts: j a.` Freestanding signs shall be permitted as follows: 1. Maximum number: One sign per lot. For parcels with over 500 feet of street frontage on one right-of-way, one auxiliary freestanding sign may be permitted; such auxiliary sign shall be spaced at least 300 feet from all other freestanding signs on the same property. 2. Maximum area: 54 square feet. The total maximum area for an auxiliary freestanding sign shall be 32 square feet. 3.- Maximum height: 20 feet. The maximum height for an auxiliary, freestanding sign shall be ten feet. 4. Minimum street setback: Five feet. b. Attached signs shall be permitted per occupancy as follows: 11 Maximum area: 64 square feet. 2. Type: The following types of attached signs may be permitted, provided the cumulative area of the attached signs does not exceed the maximum area above: Wall sign Canopy or awning sign Permanent window sign, Projecting sign Integral roof sign 21 0 f t• ti i l F f I 0 3. Maximum number: Five attached signs, with not more than three attached si gns being of any single type listed above. C. Directory/ information signs shall be permitted on lots developed with two or more multi-tenant buildings containing a mininium cumulative area of 25,000 square feet of gross floor area, as follows: 1. Maximum area: 20 square feet. 2. Minimum street setback: Equal to the required structural setback for the zoning district in which the sign is erected. d. Gasoline price display signs. ' I. Maximum number: One sign per pump 'island. 2. Maximum area: 24 square feet, cumulative for all signs, regardless of property frontage. e. Theater/movie announcement signs:. ` f 1. Maximum number: One sign per lot. 2. Maximum ,area: 64 square feet for a single theater, plus an } additional eight square feet for,each additional theater. 3. Maximum height; 20 feet, for a freestanding theater/movie announcemen t sign. 4, Minimum street setback: Five feet. f. Menu signs for drive-through establishments, 1. Maximum number: One sign per drive-through lane. 2. Maximum area: 24 square feet. 3. Maximum height: Six feet. 4. Minimum street setback: 25 feet. ' (6) Highway Commercial district,,:, ' The f i ollowing types of signs are permitted in the Highway Commercial 'zoning district: a. Freest,.iding signs shall be permitted as follows: 1?. Maximum number: One sign per lot. For parcels with over 500 feet of street frontage on one right-of-way, one auxiliary freestanding sign may be permitted; such auxiliary sign shall be spaced at least 300 feet from all other freestanding signs, on the same property, 22 I 4 ` i F J 2. Maximum area: 112 square feet. The total maximum area for an auxiliary freestanding sign shall be 56 square feet. 3. Maximum height: 20 feet. The maximum height for an auxiliary freestanding sign shall be 12 feet. 4. Minimum street setback: Five feet. b. Attached signs shall be permitted per occupancy as follows: 1. Maximum area: 150 square feet. 2. Type: The following types of attached signs may be permitted, provided the cumulative area of the attached signs sloes not exceed the maximum area above: Wall sign Canopy or awning sign ' Permanent window sign projecting sign Integral roof sign 3. Maximum number: Five attached signs, with not more than three attached signs being of any single type listed above..., C. Directory/information signs shall be permitted on lots developed with two or more multi-tenant buildings containing a minimum cumulative area of 25,000 square feet of gross floor area, as follows: 1. Maximum area: 40 square feet. 2. Minimum street setback: Equal to the required structural setback for the zoning district in which the sign is erected. d. Gasoline price display signs. 1. Maximum number: One sign per pump island. 2. Maximum area: 24 square feet, cumulative for all signs, regardless of property frontage. e. Theater/movie announcement signs. 1. Maximum number: One sign per lot. 2. Maximum area: 128 square feet for a single theater, plus ail additional 16 square feet. for each additional theater. 3. Maximum height: 20 feet, for a freestanding theater/movie announcement sign. 4. Minimum street setback: Five feet. 23 I E It f. Menu signs for drive-through establishments. 1. Maximum number: One sign per drive-through lane. 2. Maximum area: 24 square feet. 3. Maximum height: Six feet. 4. Minimum.street setback: 25 feet. 3 (7) Commercial Center district, The following types of signs are permitted in the Commercial Center zoning district: a. Freestanding signs shall,be permitted as-follows: 1. Maximum number: One sign per lot. For parcels with over 500 feet of street frontage on one right-of-way, one auxiliary freestanding sign may be permitted; such auxiliary sign shall be spaced at least 300 feet from all other freestanding signs on the same property. 2. Maximum area: 150 square feet. The total maximum area for an auxiliary freestanding sign shall be 75 square feet. 3. Maximum height: 20 feet. The maximum height for an auxiliary freestanding sign shall be 16 feet. 4. Minimum street setback: Five feet. b. Attached signs shall be permitted per occupancy as follows:, 1. 'Maximum area, 150 square feet. 21 Type: The following types of attached signs may be permitted, provided the cumulative area of the attached signs does not exceed the maximum allowable area: Wall sign Canopy or awning sign Permanent window sign Projecting sign integral roof sign 3. Maximum number: Five attached signs, with not more than' three attached signs being of any single type listed above. c. - Directory/ information signs shall be permitted on lots developed with two or more multi-tenant buildings containing a minimum cumulative area of 25•,000 square feet of.gross floor area, as follows: } I. Maximum area: 40 square feet. If I. 24 s ? 1 7 ? ! . i 2. Minimum street setback: Equal to the required structural setback for the zoning district in which the sign is erected. d. Gasoline price display signs. 1. Maximum number: One sign per pump island. 2. Maximum area: 24 square feet, cumulative for all signs, regardless of property frontage. e. Theater/movie announcement signs (may be either freestanding or attached, but not both). 1. Maximum number: One sign per lot. 2. Maximum area: 128 square feet for a single theater, plus an additional 16 square feet f or each additional theater. 3. Maximum height : 20 feet, for, a freestanding theater/movie announcement sign. 4. Minimum street setback: Five feet. f. Menu sig ns for drive-through establishments. 1. Maximum number: One sign per drive-through lane. 2. Maximum area: 24 square feet. 3. Maximum height: Six feet. 4. Minimum street setback: 25 feet. (8) Urban Center, Beach Commercial and Beach Commercial Planned Development districts. , s The following types of signs are permitted in the Urban Center, Beach Commercial and Beach Commercial Planned Development zoning districts: a. Freestanding signs shall be permitted in the Eastern Corridor subdistrict of the Urban Center district as follows: 1. Maximum number: One sign per lot. ,,or parcels with over 500 feet of street frontage on one right-of-way,?one auxiliary freestanding sign may be permitted; such auxiliary sign shalt be spaced at least 300 feet from all other freestanding signs on the same property. 2. Maximum area: 64 square feet. An auxiliary freestanding sign shall be a maximum of 24 square feet in area. 3. Maximum height: 20 feet. The maximum height for an auxiliary freestanding sign shall be eight feet'. 25 ; i t i z 7 IS ! _ 4. Minimum street setback: Five feet. b. Attached signs shall be permitted per occupancy as follows: I. Maximum area: 48 square feet in the Bayfront and Core subdistricts of the Urban Center district and in the Beach Commercial and Beach Commercial Planned Development districts, and 64 square feet in the Eastern Corridor subdistrict. 2. Type: The following types of attached signs may be permitted, provided the cumulative area of the attached signs does not exceed the maximum area above: Wall sign Canopy or awning sign Permanent window sign Projecting sign Integral roof sign However, no individual projecting sign shall exceed eight square feet in area, nor shall such signs project more than 42 inches from the facade of the building to which they are attached. 3. Maximum number: Five attached signs, with not more than three attached signs being of any single type listed above. 'r 4. Permanent window signs: In the Beach Commercial district and the Urban Center Bayfront and Core subdistricts, in addition to the attached signs otherwise allowed, permanent window signs may occupy not more than 20 percent of ' the window area of a building. t 5. Special allowance for lots fronting on two or more streets: In the Beach Commercial district and the Urban Center Bayfront and Core subdistricts, notwithstanding other provisions of-this code to the contrary, a lot fronting on two or more streets shall be allowed the permitted attached signage for each street frontage regardless of street classification. However, such signage cannot be accumulated and used on one street frontage in excess of that allowed for the lot based upon that one street frontage. C. Directory/information signs shall be permitted on lots developed with a multi-tenant building or buildings containing a minimum cumulative area of 25,000 square feet of gross floor area, as follows: 1. Maximum area: 20 square feet. 2. Minimum street setback: Five feet. d,. Gasoline price display signs. 1. Maximum number: One sign per pump island. 2. 'Maximum area: 24 square feet, cumulative for all signs, regardless 26 a of property frontage. e. Theater/movie announcement signs may be either freestanding 'or attached in the Eastern Corridor subdistrict of the Urban Center district, but not both. Theater/movie announcement signs shall be attached signs in the Beach Commercial and Beach Commercial Planned Development districts, and the Bayfront and Core subdistricts of the Urban Center district. 1. Maximum number:-Ane sign per lot. 2. Maximum area: 64 square feet for a single theater, plus an additional eight square feet for each additional theater. 3. Maximum height: 20 feet for a freestanding theater/movie announcement sign in the Eastern Corridor subdistrict: 4. Minimum street setback: Five feet. ! f. Sandwich Board Signs. Sandwich board signs shall be permitted in the Core and Eastern Corridor subdistricts of the Urban Center district only. s 3 1. Maximum number: One sign per street frontage. 2. Maximum area: Six square feet. 3. Maximum height: Four feet. r 4. Placemen t. Sandwich board signs may be placed on public property during the hours of operation of the business or activity to which the sign relates, and in conformance with placement standards developed by the Public Works Department to insure safe pedestrian travel, vision clearance and other safety factors. s g. Menu?Signs for Drive-Through Establishments. 1. Maximum number: One sign per drive-through lane. 2. Maximum area: 24 square feet. 3. Maximum height: Six feet. 4. Minimum street setback: 25 feet. (9) Commercial and Industrial Planned Development Districts. Signs in Commercial and Industrial Planned Development districts shall generally be permitted depending ion a determination by the city commission as to which of the requirements are must appropriate to the Commercial or Industrial Planned Development district given surrounding land uses. In its determination, the city commission may modify any or all of the requirements for particular 27 .S Commercial or?Industrial Planned Development districts. (10) Aquatic Lands-Interior and Aquatic Lands-Coastal Districts. Signs permitted in the Aquatic Lands-Interior and Aquatic Lands-Coastal districts shall be associated with a marina, and shall be limited to marina vessel slip signs allowed as exempt signs and the commercial marina vessel slip signs allowed as bonus signs. Sec. 134.012. Sign bonus provisions; temporary signs. This section is established to recognize unusual circumstances which create the need to modify, in a consistent and uniform manner, the requirements of this code for sign area, height, number and type. (a) Area bonuses. The maximum allowable area for an attached sign may be increased under the following circumstances. However, allowable sign area bonuses cannot be combined if a sign is eligible for more than one sign bonus. In no case shall any sign bonus allow a sign which exceeds 1.5 square feet for each linear foot of building width. (1) An attached sign on a building for which the minimum required setback from an adjoining street right-of-way is 100 feet or greater is eligible for a sign area bonus according to the following schedule. Only the primary sign attached to the eligible building facade, and oriented towards the adjoining street right-of-way, is eligible for an area bonus, The following formula shall be used to determine the allowable sign area for signs eligible for such bonus: (Allowable area for attached signs under applicable zoning district LESS Area of incidental/auxiliary attached signs) x (1 + Allowable area bonus) =Allowable sign area Setback Less than 100 feet 100 to 150,feet I 151 to 200 ?eet 201 to 250 feet Greater than 250 feet Allowable additional area boiius Not available 0.25 0.5 1.0 3..25 (2) Attached signs in the Urban Center District may be eligible for a sign area bonus of 50 percent if judged to reflect one or more of the following characteristics and is found to create a positive image for the District as determined by a downtown, sign review committee consisting of five members appointed by the city manager, including the development code administrator and four others. Vse of classic or historic design or style Use of creative images reflecting Clearwater's waterfront heritage Use of symbols rather than text Use of hand-painted lettering or graphics 28 1 G t r: i t Use of sculpted wood, metal or other materials . .(3) Attached signs located 100 feet or more above ground level may be eligible for a sign area bonus according to the following schedule. Only the primary sign is eligible for a sign area bonus. The following formula shall be used to determine the allowable sign area-for signs eligible for such bonus: (Allowable area zoning district attached signs) x sign area Height of sign for attached signs under applicable LESS Area of incidental/auxiliary (1 + Allowable area bonus) = Allowable Allowable additional area bonus s s Less than 100 feet 100 to 150 feet 151 to 200 feet Greater than 200 feet Not available 0.5 1.75 2.0 (b) Height bonuses. The allowable height for freestanding signs on properties which front on overpasses or elevated roadways may be,increased so that the maximum allowable sign height does not exceed ten feet above the crown height of the overpass or elevated roadway as measured from a point on the roadway that is perpendicular to the sign location. A height bonus is available only for signs which face or are oriented to the overpasses or 'elevated roadways. Auxiliary.freestanding signs are not eligible for height bonuses. (c) Number bonus. For commercial marinas having separately licensed slips for commercial vessels, each licensed slip shall be permitted one sign containing not more than eight square feet in area placed in the vicinity of the slip to identify the vessel, rate/embarking schedules, or other information. Such sign shall be in addition to marina vessel slip signs allowed as exempt signs. (d) Sign address bonus for nonresidential properties. A freestanding or attached sign identifying a nonresidential property shall be allowed additional area according to the following schedule, provided that this allowance is used exclusively for the street address number, numbers or number range, depicted in Arabic numerals of at least three inches in height. Such numbers shall be of contrasting color to the background and displayed on the front of the establishment. One address sign bonus shall be allowed per occupancy. Property area Less than one acre 100 to 150 feet Additional sign area 5 square feet S square feet (e) Temporary signs. In the event of a major public works project, such as but not limited to a road widening project, or in the event of a major storm event which results in the widespread destruction of existing signs, temporary signs may be erected upon property affected by such project or event as provided herein. 29 Mfr ! (1) Property location. The property upon which the sign is to be erected shall be located within an area designated by a resolution of the city commission as an area adversely affected by a major public works project or by a major storm. (2) Sign types, number, size, height, and location. The following may be erected on ally property located as described in paragraph (1), in addition to any other sign which may lawfully be erected on such property: A. One freestanding directional sign for each driveway on the affected roadway,' each sign 'not exceeding twenty (20) square feet in area and' not exceeding six (b) feet in height, placed no closer than five (5) feet from any property line; or b. One banner per property in districts other than the Commercial Center district, or one. banner-per freestanding building 'in the Commercial Center district, each banner to be attached to the building and not exceeding forty- eight (48) square feet in area. C. For the purposes of subparagraph a above, "freestanding directional sign" means any sign supported by structures or supports that is placed on or anchored in the ground and that is independent of any building or other structure, and which exclusively contains information providing direction to or location of any object, place, or area including but not limited to, those signs indicating avenues of ingress/egress. (3) Duration, Each sign erected pursuant to this subsection shall be removed not later than seven (7) days following completion of the public works project or portion thereof affecting the visibility of the property or not later than forty-five (45) days following the storm event, whichever is applicable. , As used herein, "completion" means that active construction shall have ceased and construction equipment shall have been removed from the public works project or portion thereof affecting the visibility of the property, whether the public agency has accepted the construction work or not. Section 3. Section 134.014, Code of Ordinances, is amended to read: Sec. 134.014. Inspections. The development code administrator and the building official 44-F?ar- shall, as each may determine necessary, inspect the property to ascertain that the sign is in accord with all provisions of this development-code and the building code, f-e? t' , and in accord with' all terms upon which the sign permit may have been conditioned. Section 4. Section 134.015, Code of Ordinances, is amended to read: Sec. 134.015. Nonconforming signs. (a) Na nonconforming sign may be constructed, reconstructed, altered, renovated, relocated, replaced or otherwise changed after October-13,-1985, the 4 --k unless such action brings the sign into 30 k f' 3 Ef F 5 Y 0 1 conformance with the provisions of this chapter, except to the extent permitted by subsection (b) below. (b) Notwithstanding the terms of subsection (a) above: (1) Any nonconforming sign e?eg-en-9c-tefaer that is damaged to the extent that the cost for complete repair does not exceed 50 per cent of the replacement cost of the sign may be repaired. (2) The message on any nonconforming sign e*4st4ng on ber 13, 19 may be changed one or more times after that date, provided that no alteration is made to the sign structure. However, this paragraph shall not be construed to allow a nonconforming sign which is painted on a fence or wall or the roof or a wall of a building to be altered, renovated or otherwise changed unless such action brings the sign into conformity with the provisions of this chapter. (3) A nonconforming sign may be relocated upon the same property whenever a portion of the property is acquired through the exercise of the power of eminent domain, or otherwise acquired for a public purpose by any agency having the power of eminent domains if the r-e erza 4e is nec-essapy to reduee the r I-eated pursuant --to--t;= this Para , nor r-a?-ir a y -ra-Yrv -- ,e-ens - r-ge d -mu e - material Such a s qn A lawfuq- shall continue to be deemed a lawful btlt nonconforming sign and shall continue to be subject to the requirements of subsection (c) below unless specifically exempted therefrom. shall not be an extons4en-ef t'E-,-emvyal 4 A sign that is conforming-with all aspects of this chapter but is made nonconforming with regard to setback requirements whenever -a portion of the property is ac uired through the exercise of the power of eminent domain or otherwise acquired fora ublic ur ose b an agency having the power of eminent domain shall not be required to be brought -into comp iiance with setback requirements unless the sign is damaged or destroyed to an extent equal to 50 percent or more"'of its replacement cost. However, should the owner of the property on which the sign ci is erected desire _to_relocate _ the sign to a conformi nn situation with regard to setback and such relocation can only be accomplished through the removal of one required oarkina space, no variance shall be required to the parking requirements to allow such relocation. (c) All signs and sign structures which are nonconforming to the requirements of this chapter as amended by Ordinance 4753-88 and Ordinance 5257- 92 but which were erected lawfully and conformed to the requirements of Ordinance 31 s M e-?-i??.-i-t?--=.?a?+?-r-e???la-t-ie??-?:?t?e--t-i+?m?#?e-$e3=»-?-4,???-;?s??e??-tTa, ,-?-,?-;zk?-i-?-se?e? o-the-R opertjwon be removed or brought into compliance with the terms contained herein, the value of such si ns having been considered to be fully amortized over the seven year period between October_13, 1985_and October 13, 19?a^'. except for the following: (1) Any nonconforming sign located on an interstate or federal aid primary highway (i.e., U.S. Highway 19 and State Road 580 east of U.S. Highway 19) which is protected from removal by the Federal Highway Beautification Act or Ch. 479, F.S., by reason of providing compensation for removal shall be exempted from the remova 1 terms of th i s v0sect ion. Th i s sha 11 not, however, prec 1 ude the c i ty f rom seeking to remove any such sign through an eminent domain proceeding, nor achieving sign conformance by other lawful means. In the event the Federal Highway Beautification Act or Ch. 479, F.S., is repealed, amended or adjudicated to not require compensation, then the removal provisions contained in this section shall apply. (2) Any nonconforming sign located on Gulf-to-Bay Boulevard east of Highland Avenue'which, if said boulevard was classified a federal aid primary highway, would be protected from removal by the Federal Highway Beautification Act or Ch. 479, F.S., shall be made to comply with the terms contained herein or shall be removed by Januarv 19. 1996 seyen---17) stagrs fr-e Jd )0YJ Legal nonconforming signs which exist on property annexed into the city on or before October 13, 1992, shall be subject to the removal or compliance provisions contained in this section. After October 13, 1992, sign compliance shall occur in a time and manner prescribed by the city commission in-conjunction with consideration of the annexation application. Lel-?f} Any person aggrieved by the provisions of this section may apply to the city commission .for a variance in accordance with section • 131.012. Any -ern shall be f 4 l e ?' 4 h the de,? PaM ^-?de-ati1?}inmi s t r"Q.C"^C7"-ate Vast 90 days prior te OWN + =-1-? 1mv The city commission may grant a variance only after a public hearing and upon a demonstration by the owner/lessor of a hardship different in kind and magnitude from that suffered by other sign owners or lessors similarly situated. f An sign which is in violation of Ordinance 4035 or Ordinance 475388 and which is not rendered conformina by Ordinance WPM shall he considered to 32 eiv.e umstanees, VsY'??II? , s t[7P'l l-- '} a , C. cT'?a ?n+ ee eens+i*eife grounds for Re pl4a?ee or- 0 pending citation or notice to appear before the municipal code _enforcement boars! ,or the county, court shall be dismissed._ T Section 5. Subsection (e) is added to Section 134.018, Code of Ordinances, to read: Sec. 134,018. Interpretation and variance. * * * * * ,(e) It is the intent of the city commission that protection of First Amendment riuhts shall be afforded such that any sign, display or device allowed under these regulations may contain, in lieu _of any other copy, any otherwise lawful non-commercial-message that does not direct attention to a business_ operated for profit, or to _a commodity or service for sales and that complies with the size, lighting and spacing requirements of these regulations. Section 6. Subsection (a) of Section 137.005, Code of Ordinances, is amended to read: [?ote: Asterisks (* * *) and ellipses (. .} indicate that portions of existing text have been omitt,-A. Omitted portions of text are not affected by this amendment.] Sec. 137.005. Definitions. (a) Words and terns used in this development code shall be given the meanings identified hereinafter: * * * * * Certificate of occupancy/use: Certificate by the building director that a building, structure or use conforms to all applicable city ordinances. . rc - letters, ' symbels and t7T nrj T tin i?{?nC T- LTT?eaJe 1 le pieter-4a4 Panels-, changeab Change of use (or changed use): A change of use of a building, structure or property. .. 33 7 t f f (g) Any sign which is in violation of Ordinance 4035 or Ordinance 4753-88 but which is rendered conforming in all respects by Ordinance 5257-92 shall be considered to have been brought into c,omnliance with this chanter. and anv Development: Any man-made improvement to property,. . .. w4-thin -the permitted -- s u p f a ce area. District: Any section or sections of the city. ., Dock: Any structure constructed on piling over open water or supported by flotation on the water. ., Peuble farsed sign. A sign viith twe (2) faGes -_-F equal surface area designed to be Oevied from eppers4e- Double frontage lot: A lot bounded on opposite or approximately opposite sides by streets. Gross leasable le floor area. The floor area designed for tenant occupancy. Group care, Level I: A dwelling unit licensed to serve clients of the Florida Department of Health and Rehabilitative Services. ., ?..+nr.r ti_ ?nr? m-..r n--___?n., - nr.m?r3r of . legibility, ieh S i gn ma'se--used -mer- any l awf-u l--p,a?n?rf- 4n --o .,. Impermeable lot coverage. Any perlmanent installation on or improvement to the natural earth surface. t S II Model home: A residential building. .. wee (?1 an 4dentieal surf £e-- area. Net acre: That upland area withih a contiguous parcel(s). .... 34 ., s 1 Hotel/motel unit. An accommodation within a hotel/motel building. .. M Personal service: A business offering a service primarily for an individual's convenience. . {=--re,14-ace -a Plat: A map, plan or layout,, drawn to scale, of a tract of land to be subdivided. . .. } Preferred land use: The select use or uses for which a zoning district is characteristically established. .. Principal structure or use: The main or primary structure or use of land. nToject'i ng .. sign. .A sign which n rejeets more than one -feet frnmT 4IL Property: Land which has been or which is proposed to be used, developed, or built upon as a unit under•single ownership. Property lines: The lines which bound a property. -rurrQ Real estate sign. /? }, r-v1-sale, r?-re•a-ac-v? thereon. up-gn.?Yh4?1-•f•?Ze Gigpf1 I- 7s located er a bfeilding or. unit !@Eat??Greo S-. Rear property line: A property line which runs generally parallel to the property line from which a property is addressed. Side property line: A property line which runs generally perpendicular or radial to the property line from which a property is addressed. 4 • Z'?•li.?Y,i,snfrom an outdoor- -TQ}L"'l"C'i"T?}6T?fT?+' adyer-645e and Is pr GT? 35 rte S'• t5 . 1 l } 1 T'o44t4e-ll1rs i 9n. tee norar.y _ sign which refers enly to the issues c nd.tid5•{es inYe4ed z.n-_a nn.!Wea_7 _ eleetion_ TT Portable building: A portable building is any building or vehicle comprised of one or more units. . .. ¦ jw-e Kes. Sign strtist4w-e;; ---The =.rFf?@n `1i f31~-i 1 ss ? ?3r-t??e5-•a nd-4-r-tulle--vi a-s i qfi, Standard lot: Any lot which is not a double frontage lot. Subdivision plat: A document (plat) displaying the manner in which land is to be subdivided. . Surfao-at=ea; The--rectanfpl rz trapezoidal, triangular , ; 4n, n ??fMG4r-eu!ar- -a l-ea--4i ef}c-e!}}pa&5e-Er?dfn.. all ex ? rl ! I ff-4 [- I.?i' r J ?? r r r s n i r_ _'?_? R???i For- the pt;-r-pace--- A f sign, I exr=4ursiye of v. j Vim.' T. i't}fTT7Tfi ?`?lt v-? n n n:, of 9. , yin n r ^rf 41`?'^nr ?cS-7i j' 'l t r'a'r. $ 1, j j 5 Swimming pool: A tank or tub for swimming or wading: . Temporary retail sales and displays: Any,nonpermanent sales or dispilays. T4me and emper tore sign. A s 4 gn Gent--, nn i l l+lm Ff_ n+emriy. '? ?.r ?3?r?i?]_n_ to d4splaj, is--->,4c --'ccri'ca?c.?iiFr Townhouse building: A building which contains two (2) or more townhouse units, each unit located on its own lot with individual title thereto and each lot possessing direct street access and requisite parking to serve the unit. Video/electronic game rooms: A specific type of indoor commercial entertainment. .. 4all- si@n; A-sign parallel r^ -aA nl^6ed -&4-her diree-t-l-y en-_ar attiaehed -w I-.r . terier wa4l n{ ?,++i r1_; nn n,. -[tture". Waterfront property: That upland property, whether in one or more lots, parcels or ownerships which, combined, abut the waterfront. . r: Wholesaling/distributing: The selling and/or distributing of goods in large quantities to other than the individual retail consumer. Window sign, A sign '7--e ff-t- f 'de ef -any ew, o f a 36 `-. ' f 3 i l 41 i n -i n - ? N4-i r?g--t Ise--?#4?' ?- e?+ t? ewz- Section 7. The 'provisions of this ordinance have been found to be consistent with the City of Clearwater Comprehensive.Plan. Section 8. This ordinance shall take effect on October 13, 1992. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED- J1 Rita Garvey Mayor-Commissioner . Attest: Cynthia E. Goudeau City Clerk Approved as to form and correctness: M. A. Galbraith, Jr.- City Attorney i 37 t , 1 .. _. ., .. , ... .. t., _. -. .... .. ..,.. --fir ,c II . ¦ M E M 0 12 A N D U M TO: The Honorable Mayor and Members of the City Commission FROM: M. A. Galbraith, Jr., City Attorney RE: Sign Code Amendments (Ordinance 5257-92) DATE: September'3, 1992 Your planning staff has reviewed the latest draft of this ordinance and has asked for one more, amendment tonight. (Actually, there will be two or three others of lesser significance which we will bring up when the ordinance comes back on second reading.). This amendment reduces the proposed area bonuses for attached signs. A copy of the motion to amend is enclosed. MAG:a Enclosure ,.. Copies: Michael Wright, City Manager Cyndie Goudeau,.City Clerk Jim Polatty, Planning and Development Director .r 5 ? 4 { t , 4 f? 1 N MOTION TO AMEND ORDINANCE 5257--92 On page 28, amend the table in Subsection 134.012(x)(1) to read: Setback Allowable additional area bonus Less than 100 feet Not available 100 to 199.99 4-54 feet 0.25 4.-5! to 200 ? - 01& 200 404- to 300 464 feet 0.75 a--r-& Greater than 300-&4 feet 1.25 NOTE: Here is how this table, as amended, fits into the context: Sec. 134.012. Sign bonus provisions; temporary signs. This section is established to recognize unusual circumstances which create the need to modify, in a consistent and uniform manner, the requirements of this code for sign area, height, number and type. (a) Area bonuses. The maximum allowable area for an attached sign may be increased under the following circumstances. However, allowable sign area bonuses cannot be combined if a sign is eligible for more than one sign bonus. in no case shall any sign bonus allow a sign which exceeds 1.5 square feet for each linear foot of building width. (1) An attached sign on a building for which the minimum required setback from an adjoining street right-of-way is 100 feet or greater is eligible for a sign area bonus according to the fallowing schedule. Only the primary sign attached to the eligible building facade, and oriented towards the adjoining street right-- of=way, is eligible for an area bonus. The following formula shall be used to determine the allowable sign area for signs eligible for such bonus: (Allowable area for attached signs under applicable zoning district LESS Area of incidental /auxiliary attached signs) x (1 + Allowable area bonus) = Allowable sign area Setback i f i Less than 100 feet 100 to 199.99 feet 200 to 300 feet Greater than 300 feet i 1= Allowable additional area bonus Not available 0.25 0.75 1.25 t? TO: City Commission FROM: James M. Polatty, Jr., Director of Planning and Development SUBJECT: Downtown Sign Inventory of Projecting Signs COPIES: Michael Wright, City Manager DATE: September 3, 1992 , C x T Y O F C L EAR W A T E R The following table represents the existing projecting signs located in the downtown area. DOWNTOWN SIGN INVENTORY OF PROJECTING SIGNS Address Nonconforming Exceeds Existing Area Greater maximum sign square than 16 sq. Projection footage ft. of 42 inches 1196 Court Street X X ? (Ice Cold Air) 1640 Court Street X X ? (Court Square Automotive Parts- Vacant) 711 Cleveland Avenue X X 48 (Travelodge) 616 Cleveland Avenue X X 36 415 Cleveland Avenue X X 25.8 (Chateau Madrid) 101 N. Ft. Harrison X X ? 36 N. Ft. Harrison X X 71.2 (vacant) 699 N. East Avenue X X ? 900 Park Street X ? 501 S. Ft. Harrison 9.6 (W ebb's ) Interdepartment Correspon a? Area of inventory: Missouri Ave. to Harbor Drew St. to Court St. D9memD2.tc 0 f? ? ? 11 0 ? -d In .1 w C m m v 0 U C O in d y O c 0. r m ID C.1 V E v 03 r M Cr) O NO '' O 0 O N *- O CRI jm r' O O *-- N MONO • 0 O CO) Cn r- O.--? 1 y• L Q r c *) ) N r C 4 T- N ( lr] CL ltlf Z 3 r•arna) a)It(noo d'NOr` r%r•nr• a) °? V CYI) U") m co co n (D r• r` r1 r• Cr) C) m m cr) to m M r M N r r r e- N C7 Ch Cl) Cr) C1 7 4 C lu y C C_0 N ) 0 J ti O r~ kn Q r NtoCONQCr) X ? •-• r C14 m cl c? L17 pQ ?Q ?.P- lop. `.? pe qE lt7 LS7 r LC) Q '-rC)d Nr rO rQ(DN OaC)a) y ,r NN O . 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' o C as . 3 ? z ? c?oao oLnC^7C0 , 0NOr- 0l-C)L .Af L Ooa in o? ' ao Ln Ln to U) oo co r• LO n LO co M + co LO co W Q) O o C) O r r r r r r r ?-- N r N r N ti = m Ln r" r U) ? .; (M N Q U Oao O4- 4? y Q O r `p • 0] o C) a 4 3 U) c O O a co C c o LC) 4U) S4 r- r tN N N U is m m n n n c ( c 10, OR 02 10-01 .Pl lop,* mLS) n = r- trj r` N 00 00 r m M O Ln r O C7 co (D N t_ _ cD N O ' * _ O7 a O0oLnLO ONmr• NcDOO Ocr) Ln0 a 0 ?O O ') i .?- Ca y 41 N r- r r N r r C') N r N '- r Q p s > Q to r- CLO. , x L U C) M LL «. ~ z Lo O1%4 r` O r m co O N O r O LO Q Lo L O 00 N U7 00 co Ln co to r ton LO 00 Ln N Ln N m Lo LA o r. M W N v- r w r w r w N w N N N N F_' Y N C7 La p ,? O G C7? O? N . Q ` 0 0 0 U7 y d Q w ~ > • N Ln Lo O *01 ` '? G yt w? 0. N w O CD cs D N C. O 'a v b m .? O p D (? i6 G (r LL7 L1f ? N N f 4 LO t: 0 Y N 0 U a Y J CS m OZ ? O m 0 L a 0 0 O 0 0 M 0 M d ¢m-??-- ocnv ¢2a== r-YCnCD } m m m m IL { i i i m ? i ? .j \Y s E . t i. i i? ? t • r' 1 S y, • i i y d?J f y ? M? /+ S- f ?V i , ? G<l ?S 0 ? f r ?• y An? O O 0? O? N f 0 ?r? o , T? LO mar/ U 00.tr N r N ?;ti L. 0 rN LO Y LO CO N LO N ? CO L , LO r• 0 0 0 a? L ,> O m m z o 0 0 Q a o 0 ,._. CO LO r* * 0 0 0 +J 4" # - 0 r c- 00 M LO 0 0 r?-% LO 0 LO 00 N Lf) N N CI3 N . ii•. •fV ??, i. •:j :1 , M4 1R {rte, ? Item 9103/9_ Meeting It SUBJECT: Vacation Request 92-13 ( City/Dimmitt ) RECOMMENDATION/MOTION: Approve the vacation of the rights-of-way of Chautauqua Avenue (formerly Main Street) lying between the South right-of-way line of Fourth Avenue South and the South right-of-way line of Third Avenue South, and Fifth Avenue South lying between the East right-of-way line of previously vacated Main Street and the West right-of-way line of Lake Shore Drive, subject to complying with the conditions in the agreement and retaining easements for the utility companies; and pass ordinance 5x66-92 on 1st reading. BACKGROUND: The City Commission Approved an agreement between the City and Dimmitt Chevrolet, Inc., Larry Dimmitt Cadillac, Inc. and Richard R. Dimmitt an June 4, 1992 relating to new road construction and street vacations. Dimmitt representatives offered a proposed redesign of the immediate neighborhood involving not only building Third Avenue South between U.S. 19 and Chautauqua Ave., but a new street layout in the area. To accomplish the new plan, a new configuration of streets involving dedications and vacations is necessary. This petition has been reviewed by the various City Departments/Divisions concerned. The Planning Department is recommending that limited access with no driveways off residential streets/no commercial traffic directly into residential neighborhoods and providing single family neighborhoods have access and are buffered by the commercial site. The other Departments have no objections. Florida Power has no objection provided a 20 foot Utility Easement is granted over their existing facilities. G.T.E. has no objection provided a 10 foot Utility Easement is granted for their facilities. Vision Cable has no objection provided they are granted a 5 foot Utility Easement across Chautauqua Ave. from the Florida Power Corp. pole line established on the North side of Fourth Avenue S. Vision Cable has no objection to the proposed vacation of Fifth Ave. South. The County is currently reviewing a vacation request for Right-of-Way of Fourth Avenue South. The Public Works Director has reviewed the comments submitted by the reviewing Departments and recommends this request be approved subject to the County's approval of the vacation of Fourth Avenue South. Reviewed by: Legal Budget N/A Purchasing N/A Risk Mgmt. N/A Dls__ _N/A ACM _ N/A. Other N/A 5ubmitled by: Ci CLEARWATER CITY COMMISSION Agenda Cover Memorandum PUBLIC HEARING Originating Dept. Public Works/Engineering Dept. Date: 8120 8 8127192 Paper: Tampa Tribune Not required Affected parties notified Yes Not required Costs: N/A (Current FY) Funding Source: Capt. Imp. operating other ropriation Coae(s - NIA_ Petition Location sketch Ord. 5266-92 6/92 Agreement VACi+7f3 ALN ! / Commission Action {(? t' Approved, ?{A ? Approved w/conditions Denied Cont'd to Attachments: 4 Z S Vacation Number 9213 "City / Dimmitt" V A C A T I O N R E Q U E S T P_R O C E S B I NG__ _8 _}1__E B -T PLEASE REVIEW THIS VACA'T'ION IN TERMS OF YOUR PRESENT USE AND FUTURE NEED FOR THE PROPERTY, INDICATE YOUR COMMENTS BELOW: REFERENCE ATLAS SHEET NO.244A/9•-15 SECTION 32 TOWNSHIP 288 RANGE 16E 1. ENGINEERING DI ISION: UU -- REVIEWED HY: APPROVED BY: gd? -e„a..s• DATE: y W-pZ- COMMENTS: The City Commission approved A eement with Dimmitt Chevrolet, Inc., and Larry Dimmitt Cadillac, Inc., and Richard R. Dimmitt on, June 4, 1992. The agreement covered the paving and realignment of Third Avenue South, the vacation of Chautauqua Avenue lying south of Third Avenue south and all of Fifth Avenue South. The Engineering Division has reviewed the agreement and has no objections to the vacations providing a 20 foot sanitary sewer and 15 foot water main easements are retained. Florida Power has no objection provided a 20 foot Utility Easement is granted over their existing facilities. G.T.E. has no objection provided a 10 foot Utility Easement is granted for their facilities. Vision Cable has no objection provided they are granted a 5 foot Utility Easement across Chautauqua Ave. from the Florida Power Corp. pole line established on the North'side of Fourth Ave. S. Vision Cable has no objection to the proposed vacation of Fifth Ave. South. The vacation should be, subject to the County approving the vacation of Fourth Avenue South and the conditions itemized in the Agreement., 2. TRANSPORTATION GROUP: " REVIEWED AND APPROVED BY: /Qc?, yitU DATE: 7 - ?y-9L q vcic4tif?v?- COMMENTS: -?ravrs?rsr?kfirns rQ?? s NO n G?ac74u?s '? p,of ed 3. PLANNING & DEVELOPMENT: REVIEWED BY?Q?.,.? APPROVED BY: DATE: ?2-?/ COMMENTS: A Dimmitt property is zoned CH (Highway Commerci l).,There_ rye SF-resit ntial . ? _... _ properties to tie east and south of streets to be vacated. Recommenc,limiting access with no driveways off residential streets/no commercial traffic directly into residential neighborhoods. Otherwise, no problem with vacation provided 4, s E& It dm VS ,UTP80oods have access and are buffered by the commercial site. REVIEWED AND APPROVED BY: DATE:-7(Z1 el -L COMMENTS: 5. SANITATION DIVISION: REVIEWED BY: APPROVED BY: DATE* COMMENTS; r p? /f/6 Alu Air cS Page 1 0-? L 0 6. GAS DEPARTMENT: • ''REVIEWED B ? ??? dV1 COMMENTS: Y d i Vacation Number 92.13 +icity / Dimmitt" APPROVED I3Y ::? DATE: 7. FIRE DEPART. REVIEWED B APPROVED . COMMENTS: ? ? 8. POLTC:- ,DEPARTMENT : ? 17(e EVIEWED AND APPROVED BY . r R COMMENTS: t A to ??Z 9. PUBLIC WORKS.DIRECTOR: REVIEWED AND APPROVED BY: COMMENTS: DATE: DATE : 4L c? C' DATE : c? /171/ Z , ___ _ _ -- --•------------- -- 92 -- _ -AND 08 27 92 ADVERTISING DATE: 08 PUBLIC HEARING DATE: 09103L2-2 COMMISSION ACTION:-----APPROVED-----CONTINUED----TABLED-----DENIED- ORDINANCE NO. DATE OF ADOPTION RECORDED IN O. R. BOOK:r PAGE:, LETTER 'tO PROPERTY OWNER ADVISING COMPLETION OF VACATION VACATION CARD FILE:_ SHEET REVISED 11/90 VACPROC.DDM ,f, ,) ¦ l . i f P 5• t . M ', i r t ?e f, I, { r EXIViNG 'I'RAV ,LED WAY NOTE: This is not a Survey. IV "? MWItt n?Irlfctsr ASR 5 Q Hero AVIwt![ 1 auutf rmIUC N.T.S. ena A H rrm A%S Mt f pOl1Ri H. ?.1 uacrnu?a 3Q C"DE" Flom 7< s' cu+o w ® PROPOSED TR VELED WAY NOTE: This is not a Avrt: Survey. 4 raRnl a nrm MUM S c- ft I Fir . I S ' .. . f SO/ LC C VA 9o/ L£ VAC ? L LAKE S"()RE co Ln op co u co r- _ r r r r V) CT) r N r- O U U N Ln j N O N " p m r-- p q C\2 0 0> ' H O N `? r- N N r r < 0 "' 6) N r r- U U W ty T- Z TC4 ° AA? rn r-- d- N rn > N o Q cn CC, o 094 00 N 00 a a ? ?w N 00 Z CrD I D <1 N CU N ? N 00 C\j N LO - Li CD ?D 00 Lr) CD tom. F-- Z N r`7 > O F-I 0) d- Q N r o N r?7 r'7 H r ? C*q r ro N } ]Ad r dnonelndHO . ££QZ--L£Q9 "IWA ? L,J o o ?° Cl-I = Lij o cn j N m ?w ~ ?w ?„,? , DU ?U o, Z 1 z 6L •s •n ss •?•s p0 1?1 LO b .n U o x w LL 0 Of O Li- •1S NIV J 1 Revised p. 1 P W g, --4-- (0 ORDINANCE NO. 5266-92 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING PORTIONS OF FIFTH AVENUE SOUTH AND CHAUTAUQUA AVENUE (FORMERLY MAIN STREET), LYING WITHIN SECTION 32, TOWNSHIP 28 SOUTH, RANGE lb EAST, SUBJECT TO CERTAIN WATER AND SEWER EASEMENTS RETAINED BY THE CITY; PROVIDING AN EFFECTIVE?DATE. WHEREAS, it has been requested by Dimmitt Chevrolet, Inc., Larry Dimmitt Cadillac, inc. and Richard R. Dimmitt (the Dimmitts), owners of certain real property located in the City of Clearwater, that the City vacate the rights-of- way described herein; and WHEREAS, the City Commission finds that said right-of-ways are not necessary for municipal use and it is deemed to be to the best interest of the City and the general public that the same be vacated; now, therefore, DE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The portions of the right-of-way of Fifth Avenue South and Chautauqua Avenue (formerly Main Street) as shown on the plats of Chautauqua Unit No. 1, Section A, and Chautauqua Unit No. 3, Section A, subdivisions (recorded at Plat Book 9, Pages 52 and 146, respectively, of the Official Records of Pinellas County, Florida), as more particularly described in Exhibits A and B attached hereto will be vacated, closed and released, and the City of Clearwater will quitclaim and release all of its right, title and interest thereto, contingent upon the following conditions in accordance with Paragraph 8 of the agreement between the City and the Dimmitts dated June 10, 1992, regarding the subject vacation and the paving and realignment of Third Avenue South (the "Agreement"; . (a) Dimmitt executing the legal documents as set forth in Paragraphs 2 and 3 of the Agreement and delivering said documents in escrow as provided in Paragraph 7 of the Agreement; (b) Pinellas County's vacation of Fourth Avenue South and acceptance of the proposed realignment of Third Avenue South; and (c) The Third Avenue South road improvements and realignment between U. S. 19 and Chautauqua Avenue being cocistru,cted, completed,and accepted by the City of Clearwater and the appropriate regulatory agencies which have issued construction permits. Section 2. The City of Clearwater reserves a 20-foot sanitary sewer easement and a 15-foot water easement over the property, each centered over existing sanitary sewer and water lines, respectively. Section 3. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following.pompliance with the contingencies a k his ar?iDa set forth in Section 1 above. rye :recfu1l??sni?d liatg,,by.='.fit; :`?-J C. ... e:'l. ?....... ?:..........i. act. a 5f.ln. !?..............,:........:.... ??G........ „ . ?n::.?.,, set<`:f.or ti::iii:..:S :6bave F 1 Section 4. This ordinance shall take effect immediately upon adoption. ? PASSED ON FIRST READING PASSED ON SECOND AND FINAL. ?t READING AND ADOPTED ; Rita Garvey Mayor-Commissioner . Approved as to form and Attest: i- .' and correctness: M. A. Gal rait Jr. Cynthia E. Gou eau City Attorney City Clerk J 1444• .. ,S 1 `. '' .1 ; ' l } ?g t ' 'rep O'k c/S, NrG?Ird t y /7 4DI CA Oil- I AC a( 1 ! QL'. bO_47 Fti. ZO99 O ul AfA/A/ ur i1 n n to ' ? IY V 1{1 r •r1c&'52 r N in 7-- R K ul tiula- ? V n f i Ilk b 1` rr 1.EGENU :•?- N DENOTES NOR711 u 5 DEIIOI£S SOU 111 Vl E DE1401ES EASl rF W DEn()jCs WE5T tES DEGREE N • Ky DE O N xx ra xx• DEtIOTES mmUIES Willi uEAFINGs 10 ItiGS U I' >s 1 OF PEGIII f.,O.Q, OEI:07fS PONT a y t[y a[. OEIIOTEs ACHES N P.O.G. UEIIQTES POINT OF COMMENCEMEtIT Ir? OF WAY F1tW DENOTES RIGHT 0,f1. OCfiOTEs OFFICIAL HECDRD 1 DD. DENOTES DEED BOOK +S 1107E5 ' !.} The tlelsh shown hereon Is for lnformatlenal purpasas rn)?? ltl a surrey p=erform+d In the ffsld. d+ t d I d I • p e • en n and it not 2,} The okelrh +he.n htraan wn Prepared 111,001 the ?snelll of. . IHI/ aletracl and Is eullocl is any ant d neemsnls. ralblc- Q. zrQC,o' ' re[ar d. C Ibm 11 any other matters of 3.} The YlerInle shown I,en•n ore baled on The 'Hoof tine of Secffen ` ' d r4'/t'91.1 {JU G 679,' se W. } 32•xe.* as 1Jnqq 5DO.00 A, the ohelch and l.lel duvlpllan +hewn Aoreen moll the mintrarm T na l d I P A 7 'i` re eu e • technical elonderds ¦s ssl terlh 17t the Ffstlda Daar Land Surwyars in Chapter 211IN•G. Flarlds Adminlsliallre Cade, .[. 42 4 ?•AA? 45 ' -5 Z7 W'07 pumlanl le Se[Ibn 472,02 Florld• STalalel, Bea ihael 2 el 2 lot blot dneflpllrn. FQ1V6 B.1 Main Bisset Is al+o kna.n at Cdarleugvn Avenue. NOT A SUFIVEY F,nEPAREO FORT DIMMITT MANAGEMENT conyo ATION p"ael ZN~Z'° WASJ004rXX P#r- 11RDAGII T111RD AVEN UE SOUTH 21145 U.S. Nxy. I9 ncrlh ZP cl.arrol.r, rlarlda 34523 Phona {613) 791-1441 P?Att: SKETCH OF FIFTH AVI=NUE SOUTH SCAL£t DAIEi • • OkFriil QYs CItO Y/O.C. 1-0. F.D. JDU +i D.7 SEC. IriSr, NGE. 514LL NO.: OZ 00 3 tf t Z 031 A v/A 0 4 28 p C / . / . rpp .3/ 12/9Z Ar. Z EXHIBIT A r ,r i; F f .; k' 3 . i f, 1 ij S? e• S t•': i ?r t• i? ST i. j: F t f pw?__ 4-10 LEGAL DESCRIPTION: FIFTH AVENUE SOUTH A tract of land lying within Section 32, Township 28 South, Range 16 East, Pinellas County, Florida, and being more particularly described as follows: Commence at the' Southwest corner of said Section 32, thence along the West line of said Section 32, N 00°00'58" E, for 1,162.84 feet; thence leaving said line, S 89°58'25" E, for 100.00 feet to the intersection of the East right-of-way line of U. S. Highway 19, as it now exists and the North line of a Florida Power Corporation right-of-way, as recorded in Deed Book 1516, Page 581, of the public records of Pinellas County, Florida; thence along said North line, N 89°58'25" E, for 558.48 feet to the Southwest corner of City of Clearwater property, as recorded in Official Record Book 5495, Page 1208, the same corner being the Southeast corner of a vacated right-of-way (Main Street right-of-way) as recorded in Official Record Book 6037, Page 2033, both recorded in the public records of Pinellas County, Florida; thence along the East line of said vacated right-of- way, the same being the West line of said City of Clearwater property, N 00°01'50" W, for 100.00 feet to the POINT OF BEGINNING, said point also being the Northwest corner of said City of Clearwater property; thence continue along the East line of said vacated right-of-way, N 00°01'50" W, for 60.00 feet to the Southwest corner of Block 35, as shown on the Plat of Unit No. 3-Sec. A- Chautauqua "on the lake," as recorded in Plat Book 9, Page 146, of the public records of Pinellas County, Florida; thence along the South line of said Block 35, the same being the North right-of-way line of Fifth Avenue South, as shown i. on said Plat of Unit No. 3-Sec. A-Chautauqua "on the lake," S 89°58'25" E, for 798.40 feet to the West right-of-way 'line of lake Shore Drive, as shown on said Plat of Unit No. 3-Sec. A-Chautauqua "on the lake," also being a point of intersection with a non-tangent curve concave to the Northeast, thence along said West right-of-way line, Southerly along the arc of said curve with a radial bearing N 70°33'19" E, and-having a radius of 240.00 feet a central angle of 16°12`51", an arc length of 67.92 feet and a chord bearing S 27°33'07" E, for ' 67.69 feet to the point of intersection with a non-tangent line, the same being the North line of 'said City of Clearwater property; thence along said North l ine, also being the South right-of-way line of Fifth Avenue South, N 89°58'25" W, for 829.68 feet to the POINT OF BEGINNING. rt t Sheet 2 of-2 Exhibit A oil , i i i r i ?? ,1/IJ ?aQAIE? aF .;W i4 Df' JEQ. Jz-Ln-It.. r-I?CSr uU?' aF s?JS?,r a?.?r-?.3?•za•fG. ? N[ zn ??r'1J 1 • H too 3 ' 3pr]'.57'07 E 7&, 3aR'SZ'11 *4 2.7 ' JGI[?r ? •I[tl . ..7 7? A uNav rilir?U Av?l?u? ?QUrfl Cl?.1ut.iun?u 4, l l T"Idz? 543' f COtVA3[17 A:/Iv - au ri/e L m dve"IJ i tl T I l/VIy' Nc7 4/ SOUr?f n .+r ? . , 1 ? ,S EVC A ?? --1 I 1 Pa. q, frf 5z J49:y0•Z G Jri7 !t Jl! JP t! :77 o7'E $: t0 lr l4 14 L1 _ lvleoly leo 4W FOUL 7N "Avg, •50t! rf l wee ra o oliv 0'e. &397, M. Eoati t d4aG? .3? ?4/. A/ Or -7 ? KI Cfi turrwcwA upr AVn a v aer. A f'fJ. '7, fate 144, NOTES I.1 the e1/1e% she.1. Noreen It for 1nf.nnaffenef PutFuee -01, lcl a survey Perl.rn.el M Iho dl. l l 4. l l ? t e on ¦nl Is net n t' eJtcl lo?oenTeenlldteetetthe efntnle?irooltlc. 21 lhl l 1 en ret e e 11tle 911 Ilene or *my other mdlore of reel!. 3.1 The lterinle rhea" has... e/e ?etel on the West One of Section . 53"W. 32-111-1441 %btn 500'90 4.) The Oolch env legal loeerllllon thorn hereon meoll the eninLn.,n the fieftdt beer/ el !'roleoelenol rlr ae soI torlh 1 t l h l r 7 e en c. r n lee Lent Swt,slope In Cho#l.r 21101•t.. r1aWe Alminlslralln C+10, Pwrrwenl Is Socnon 472.02, Tttrlle 51olulso. 3.) boo Ihtol 2 ¦1 2 for Idol lso INllon. 6.1 Mola Sliest Is also Inorn et Chowlowgwo Monut. I,EGENd 11 UE110TES IIOA711 ' a DE1401ES SOUIFI E OEHOIES EAST w DE001ES WEST xx• UE140TES DEGnEE . %%' OEIIOTES MII1UlEs WITH OEAnu4G5 XXI UEHOILS SECONDS WITIl 1JEAnItI43 P.O.B. DENOTES 1'0111T Or OLGINNI110 T ACHES • C. UEllo ES , P.O.C. UEtIOYEi POOtT OP COMMENCEMENT ")w OEtIOICS IAIMIT OF wAY D.H. DENOTES OFFICIAL IIECOnO yylif ylar/?PHOJECI= THIRD AVENUE SOUTH rEA,Jr SKETCH OF A PO MAIN ST. R. 36ALEr OAIEt Of1AY111 IIYI t v; NOT A SURVEY + fri4V ANOe1INKE"W 4"00,,4 M4 /N0. •24945 U.S. Ivry.19 1, It' Clearwater, rblda 31013 ,Phone (013) 791-1441 C. f0. I'C. ion If0•t SEC. IVA. nCE. StIEE 110.1 0VIA ?C037-PeroLtd .9d • td • /G / of Z EXHIBIT B I f i e I" F f I 1 pia #io LEGAL DESCRIPTION: PORTION OF MAIN STREET A tract of land lying within Section 32, Township 28 South, Range 16 East, Pinellas County, Florida, and being more particularly described as follows: Commence at the Northwest corner of the Southwest 1/4 of said Section 32; thence along the West line of said Southwest 1/4, S 00°00;58" W, for 860.50 feet; thence leaving said West line S 89°34'50" E, for 100.00 feet to the intersection of the East right-of-way line of U. S. Highway 19, as it now exists and the South right- of-way line of Third Avenue South, as shown on the Plat of Unit No. 1-Sec. A- Chautauqua "on the lake," as recorded in Plat Book 9, Page 52, of the public records of Pinellas County, Florida; thence along said line, S 89°57'07" E for E`. 537.05 feet to the POINT OF BEGINNING; thence S 89°57'07" E, for 29.76 feet; thence N 00°05' 47" W, for 21.26 feet; thence S 89°52' 11" E, for 29.73 feet to the East right-of-way line of Main Street, as shown on the Plat of said unit No. 1- Sec. A-Chautauqua "on the lake," said point being S 00°09'44" E, 5.03 feet from the Northwest corner of Block 36 of the said Plat of Unit No. 1-Sec. A-Chautauqua "on the lake;" thence along the East right-of-way line of said Main Street, the same being the West line of said Block 36, S 00°09'44" E, for 259.39 feet to the ?. South right-of-way line of Fourth Avenue South, as shown on the Plat of Unit No. .' 3-Sec. A-Chautauqua "on the lake," as recorded in Plat Book 9, Page 146, of the public records of Pinellas County, Florida; thence along the South right-of-way line of said Fourth Avenue South, the same being the North line of Block 35 of said Plat of Unit No. 3-Sec. A-Chautauqua "on the lake" and the westerly extension thereof, N 89°46'42" W, for 60.06 feet to the East line of a vacated right-of-way (a portion of Main Street right-of-way) as recorded in Official Record Book 6037, Page 2033, of the public records of Pinellas County, Florida; thence along the East line of said vacated right-of-way and the West right-of-way line of Main Street of said Plat of Unit No. 1-Sec. A-Chautauqua "on the lake" N.00°01'50" W, for 237.99 feet to the POINT OF BEGINNING. r,% i' 1 Sheet 2 of 2 Exhibit B i i? ¦ I IS 4 ? ' I I t t ?QRE?HE1iT THIS AGREEMENT dated thls L day cS narclf 1992 (hereinafter referred to as the "Agreement"), by and between DIMMITT CHEVROLET, INC.,, a Florida corporation (hereinafter referred to as "CHEVROLET"), LARRY DIMMITT CADILLAC, IIIC., a Florida corporation (hereinafter referred to as "CADILLAC"), RICHARD R. DIHMITT, individually (hereinafter referred to no "DIMMITT", and the CITY OF CLEARWATER, a municipal corporation (hereinafter referred to as "CLEARWATER"), and WHEREAS, CHEVROLET and CADILLAC lease and operate automobile i dealerships on real property located in the City of Clearwater, as more particularly *described on the plans prepared by King Engineering Associates, Inc. entitled Third Avenue South, Job 12039-002, (hereinafter referred to as the "Plans"), a copy of r which are attached hereto as Exhibit "A"; and WHEREAS, RICHARD R. DIMMITT is the owner of the real property described in the PLAITS as the DIMMITT CADILLAC site; and WHEREAS, Third Avenue South runs cast and west between the automobile dealerships of CIiEV11OLKT and CADILLAC; and WHEREAS, Third Avenue South intersects with U.S. Highway 19 and the Florida Department of Transportation ("F.D.O.T.") presently intends to construct an overpass and interchange at the junction of .U.S. Highway 19 and Third Avenue South; and WHEREAS, Third Avenue South is currently an unimproved road right of way; and WHEREAS, CHEVROLET previously entered into an agreement with CLEARWATER to improve a portion of Third Avenue South lying between U.S. Ifighway 19 and Chautauqua Avenue (formerly Main Street), as Moro particularly sect forth In that certain Articles of Agreement dated September 17, 1997, a copy of which in attached hereto no Exhibit "err/ and WHEREAS, Third Avenue South cast of Chautauqua Avenue and the real property described in the PLAITS lying east of Chautauqua Avenue are not located within the city limits of Clearwater, but 1 ' 4,) Z• f. fl . ¦ 1 .. q "I II instead lie in the unincorporated part of Pinellas County; and WHEREAS, Fourth Avenue South is located entirely In the unincorporated part of Pinellas County; and WHEREAS, DIMMITT and CADILLAC are desirous of consolidating the CADILLAC dealership site and operations by having that portion of Chautauqua Avenue lying South of Third Avenue South, and all of j Fifth Avenue South, vacated by Clearwater, as well as having Pinellas county vacate a portion of Fourth Avenue South, so as to allow the realignment of Third Avenue South as more particularly described and set forth in the PLANS attached hereto as Exhibit t.: "A"; and WHEREAS, CLEARWATER is desirous of having Third Avenue South paved and improved between U.S. 19 and Chautauqua Avenue according to the specifications as set forth in the PLANS attached hereto as Exhibit "A", and is in agreement with and fully supports the proposed realignment of Third Avenue South cast of Chautauqua Avenue and the vacation of a portion of Fourth Avenue South and Fifth Avenue South, as more particularly set forth in the PLANS attached hereto as Exhibit "A", it is THEREFORE, stipulated and agreed as follows: 1. CHEVROLET and CADILLAC shall at their own expense, subject ' to the terms and conditions hareinafter set forth, cause Third Avenue South to be paved, realigned, and improved according to the specifications as sot forth to the PLANS attached hereto as Exhibit "A". CHEVROLET and CADILLAC shall, by separate agreement, t apportion the cost of said Improvements between themselves. 5f " 2. Richard R. Dimmitt, subject to the terms and conditions hereinafter sat forth, shall dedicate to Pinellas county additional road right--of-way for Third Avenue south east of Chautauqua Avenue In order to realign Third Avanuu F:aut of Chautauqua Avenue, an more particularly sat forth on the sketch attached haruto as Exhibit "C". 1. Richard R. Dimmitt, subject to the terms and conditions hereinafteiiset forth, shall grant a drainage and utility easement to Pinellas county on a portion of Lot 6 and Lots 27 through 72, 2 I { a. t'. N r , r d • 1 F. s , d j t ,.r f Block 36, Unit T, Section A, Chautauqua "On The Lake", as not forth on the sketch attached hereto as Exhibit "D". Richard R. Dlmmitt, subject to the terms and conditions provided heroin, will also dedicate a drainage easement to Pinellas County the East 25.00 feet of Lots 6 and 27, Block 36, unit 3, section A, Chautauqua "On the Lake", as recorded In Plat hook 9, page 146, Public Records of Pinellas County, Florida, and as sat forth in the sketch attached hereto as Exhibit "E". 4. CLEARWATER, at its own expense, upon the terms and conditions contained heroin, agrees to vacate as soon as possible that section of Chautauqua Avenue lying South of Third Avenue South, ae more particularly net forth on the PLANS attached hereto as Exhibit "A", and all of Flfth Avenue South, rasorving a twenty (20) toot easement for existing sanitary sewer lines and'a fifteen (15) foot easement for existing water lines. 5. • CLEARWATER agrees to cooperate, join•in, and support DIMMITT and CADILLAC's request to Pinellas county to realign Third Avenue South and to vacate that portion of Fourth Avenue South as more particularly set forth in the PLAIIS attached hereto as Exhibit "A", subject to appropriate easements being reserved for existing water (15 toot) and sewer lines (20 font) lying in a portion of said vacated road right of way. CLEARWATER agrees to support and join In It necessary any application for permits with Pinellas county, Swiftmud, and/or the Florida Department of Transportation in connection with the construction set forth in the PT.AUS attached hereto as Exhibit "A". 6. CLEARWATER agrees to grant all necessary permits for construction as set forth in the PLAlIS attached hereto as Exhibit "A", subject to the roadway, drainage, and utility elements of the construction plan meeting the standard requirement of CLEARWATER. 7. The parties agree that upon execution of this Agreement by all parties, DIMMITT :shall then execute the legal instruments required pursuant to paragraphs 2 and 3 and deliver said original instruments to be held in ascrow with David M. Lea, Esq. of Macfarlane, Ferguson and not released except as spocitically not 3 E i 1 f S i i } ;r 'r E a? Li r i forth heroin. B, CLEARWATER's vacation of that portion of Chautauqua Avenue lying south of Third Avenue South and all of Fifth Avenue south shall be expressly contingent upon the following conditions having boon met"or waivod in writing by CLEARWATER: (a) DIMMITT executing the legal documents as set forth in paragraphs 2 and ] above and delivering said documents in escrow as provided in paragraph I above. (b) Pinellas County's vacation of Fourth Avenue South and acceptance of the proposed realignment of Third Avenue South as net forth in the PLANS attached haroto as Exhibit "h". (c) The Third Avenue south road Improvements and realignment between U,S, 19 and Chautauqua Avenue as set forth In the PLANS being constructed, completed, and accepted by CLEhRHATM and the appropriate regulatory agencies which have issued construction permits. 9. Notwithatanding any provisions of this Agreement to the contrary, in the event that within nine (9) months from the data this Agreement is signed by all parties CI.EARWATER fails to approve the vacation of Chautauqua Avenue and all of Fifth Avenue South as provided herein, or Pinellas County and/or the Florida Department of Transportation fails to agree to the realignment of Third Avenue South as set forth in the PLANS and/or Pinellas County fails to vacate the portion of Fourth Avenue South as set forth in the PLANS or Pinellas County and/Or any regulatory agency requires terms and conditions which are not acceptable to CADILLAC, CHEVROLET or bIMMiTT, then DIMMITT, CHEVROLET, and CADILLAC each reserva the right to cancel this Agreement upon ton (lo) days written notice to CI.EARWATER. CADILLAC, CIIEVROI.kT, and DIMMITT rea arvo the right, in their solo discretion, to extend this nine (9) month deadline for an additional ninety (90) days. DIMMITT, CNEVROLE'r, and CADILLAC also reserve the right to cancel this Agreement In the event the required permits from the applicable regulatory agencies are not obtainable upon conditions satisfactory to them in their sole 4 i i s .t E i i i i t 1. 3 E1. i E ._ f s; i; rff.} 'i t 4 S a_ Y F s 4 } s t F? discretion. In ouch event, the Escrow Agent, upon receipt of such notice, is authorized to immediately return all original documents hold in escrow pursuant to thin agreement to DIHMITT without further notice to any other party. in the event of cancellation of this Agreement as provided above, the vacation by CLEARWATER of that portion of Chautauqua Avenue South of Third Avenue South and all of Fifth Avenue South shall also ba'null and Vold. DIMMITT and CADILLAC agree to cooperate in execution of any documents necessary to cancel the vacation of Chautauqua Avenue south of Third Avenuo South and Fifth Avenue South in the event of a cancellation of this Agreement. 10. In the event of the cancellation of this Agreement as provided in paragraph 9 above, nothing herein shall be doomed a waiver by CLEARWATER or CHEVROLET of any of their respective rights pursuant to the Articles of Agreement dated September 17, 1987, a copy of which is attached hereto as Exhibit "i3". 11. Terms of Escrow - The original documents au set forth in ' paragraph 2 and 3 shall be! hold in Escrow by David H. Lee of Macfarlane Ferguson upon the following termer (a) In the event of cancellation of this Agreement as provided by paragraph 9 above, Escrow Agent 10 authorized to release and return all original documents to DIMMITT upon receipt of written notice of cancellation of the Agreement from either DIMMITT, CADILLAC, or CIIEVROLET and this Agreement shall be null and void. (b) Escrow Agent is authorized to release the original document described in paragraphs 2 and 3 above and record same In the Public Records of Pinellas County, only upon completion of the following conditions: (1) vacation of that portion of Chautauqua Avenue and Fifth Avenue South by CLEARWATER as provided in the PLANS, (2) Vacation by Pinellas County of a portion i of Fourth Avenue South according to the PLANS. (3) Completion of construction and the i i 1 . F i• l a. r. 1. i' z? i i 1.. 4 F i. f t. ?r 1 i H c ael .7. Wr g City/Manager } G i •j realignment of Third Avenue South as set forth In the PLAIDS and acceptance of said realignment by Pinellas County, (c) All parties agree that the Escrow Agentfs duties are ministerial in nature, and 'Escrow Agent shall Incur no liability whatsoever, except for willful misconduct or gross negligence. Should a controversy arise with respect to thin escrow agreement or the rights of any party hereto, Escrow Agent shall have the right in its exclusive Judgment to' commence an action or proceeding for the determination of the controversy, including an action in the nature of interploader, in which avant Escrow Agent is authorized to deliver all documents In escrow to the registry of the Court which shall automatically release and discharge Escrow Agent of all further obligations or responsibilities in this matter. i 12. This agreement contains the entire agreement between the parties and cannot be altered or amended unless done in writing signed by both parties. Witnesseal DIMMITT CHEVROLET, dNC. f By: l4. ,•? ,1 fit Lawrence it. A mm tt, III President LARRY DIMMITT CADILLAC, INC. h Cr'? ?1l arc ,?.u Hy',?,??.1 '?F• ??k'; J2i'G ?? President Y t/, NWA MMITT, TI D pI individually CITY P CLEARWA'PEE ily s r ii Z Attest: ca rei d: ; By: Cynt a E Gou eau Mayo It to Ge vey Cit clerk Approved an to farm and correctnea s , By: L-a IL '. H.A. Ga]bra t City Attorney 7 ., 1 ,r r1RY t:S i9CS 63s?5 i r" P.2 AIt71C1,ES OP AGREPhl ENT MIEREA5, on June 18, 1087, the Clearwater City Commission approved a Site Plan Amendment to the final site plan for AI.41,117T CHEVROLET, INC., {phase IY of the Master Site Plan - PSP 80-80} ralating to cESIATITT, In real property In the City of N Clearwater which is owned by LAIti REIiC:E'. . IG and leased to DIMMITT CHEVROLET, INC.1 and WHEREAS, the approval of the Site plan Amendment was conditioned upon an agreement to be approved by the City Commission providing for the improvement of 3rd Avenue, Lake Chautauqua Subdivision, it and when the improvement 13 needed, N0111 THEREFORE, for $10.110 and other good ar)d valuable consideration, ' receipt of which V acknowledged by LAI HENCE . L1 lAllrr, III and DI11h117T CHEVROLET, INC., the parties mutually agree es followsi 1. DIMMITP CHEVROLET, INC., will construct a two-lane road for 3rd Avenue between U.S. 19 and Alain Street, rake Chautauqua subdivision, or a portion thereof, at such time as a determination Is made by Ilia City of Clearwater that the aforementioned Improvement Is necessary. The engineering and design of said read shall be the obligation of DIbIMITT CHEVROLET, INC. The road shalt be construaled In accordance with the applicable City of Clearwater engineering standards for roads' to be dedicated to the City of Clearwater, and such stormwater detention requirements as may be Imposed by other governmental agencies as a result of the road construction. 2. Until such time as Ilia road Is constructed, access WUI be pcrmltted bativeen the LARRY DMIMITT CADILLAC and D1h11-1177 CHEVROLET dealerships across ]rd AvenUel however, there will be no access to U.S, 19 or to hialn street from 3rd Avenue by any of the dealerships operating at this location. 3. This agreement shall be a covenant running with-the land and shall be enforceable ngnlnst the heirs, successors and assigns of the property described In Exhibit ^A." r•,3 rr?f1 Executod this 17 iti , day of Aug=t, 11+87. Counlerslanedt CITY OF .:LI:RR%sATE ,, r_M, -nID? a ayor-Comm aslonnr 'r ty .,lanager- Approved as to form Altrsti and correctr; liltJls? ' ` D; l?rti .i / •, _..:.r?a?s -y.Ala L?Tty Ateortie jl [.`qty C or i EX11I1lIT•"'A" i.Y ? ~•s M r. t • F •a ; E i ii f • 1 9 i { ra ?. 5 . . 1 My 25 190 09,TG ? rr s f ?. alt, ??'??? . P.3 4{, l.A11•ltE:1CS X. l?IlslA?ITT ID '' L. 700e X. DIMmILt III rl?. DIAIMM CIIEVI10LET, INC., a Florida corporation I Ilys Lawrence H. Dlrnmit't, 1 President STATE OF FLORIDA ) COMITY OF PINELLAS ) BEFORE ME, the underslgnod authurity, personally appeared Itits Garver, Anthony L. Shoemaker, Cynthia E. Goudeata, and N. A. G41hra3rF, Jr. the , syor- ormm ss oner, City Mangy` aur, city er an y Attorney, respec Tvery-•, of the Clty of Clearwater, F)orlds, to' me sicll known to be the persons who executled th• foreguing ugream ant, and they severally aelutowledged the execution thereof to be their free act And decd for the use and purpose herein set forth. WITNESS my and and official seal this 9th tc 1rG.t1?- sty Gommisylon Lxplrctt r Notary t 13 k_ x'r (sartai.e u,•i:r ,y, ,., •;,;? STATE OF FLORIDA ) ?, COUNTY OF PINELLAS ) Y' BEFORE ME, the undersigned authority, personally appeared I,A%VR_)iCE JK,I- DR$1,11TT, III, who, after bolnir duly AWLurn, sic;.sus and rays that Iw Is the person described In the foregoing agreement and has signed said agreement freely and voluntarily, this 1? ?" - dry of >1uim:t, 167. bly Go: smissloa Expires .?+ tr?• rr,?? .tart' ubli c STATE 01, FLORIDA ) COUNTY OF PINELLAS ) DCFOR£ ASE, the underslgnad authority, personally appeared LAWRENCE It. DI1+t1117`J', 11, as President of I)I?IN1lrr 0110'HOLET, INC., a Florida corpurallon, who, efter baing duly 11.111, deposes f.nd rt:}•s thet he Is the person descrlbad In the forcjolgQ agreement and has 11Rned said r.Crueraaut frc.ly and votuntAruy, thts J••• day or" 1t 1941, 3 1 (11~Uu+-- AYLO, C.)-ly Cominisslon Fxplrast :?j,-L: 19. tet7?' Notary u 1Ic t R 1 .. n II 1 t J r ?. 1 E . i. THE NORTH 5.01 FEET OF LOT527 THROUGH 32 .TOGETIIER WITH ALL OF LOTS 7 AND ZC, TOGETHER WITH THE PAST 15.00 FEET OF LOTS G Allb 27, ALL nmVIG III BLOCK 16, UIIIT 1, SECTION A, CHAUTAUQUA 10011 THE LAKE" AS RECOMED III PLAT BOOK 9, PAGE 52 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. ML?It.-1 roT. i•1 5cb,te ? I"-5o' ' C0.o' r? -P Flgz #11144 J! Q c C P rn ? Q rO N, I ? s v r- I C'1 I _.I C? 5rrx ' 1f1 3 > n 0 f1 '7lR "ZC1:J ?" 51L: 'L0=1.9:i (ht7 PREPARED UY! KING EIIGIIIEERING ASSOCIATES, INC. ?TWID 51CETC1-l ?5 IS•?T M . F£RRAlls PL3 - ' , CAW Z>1ITUTL A-bU12Vty. FLA. REC. NO. 3805 KING ENGINEERING ASSOCIATES, INC. 1145 U's. 19 FIngI; Cle?r a 33575 r, Florid Engineers Planners • Surveyors (B 13) 91.1 (ell) ??I y s C?AA-UTAUQU&. "Od THE i.Ak•E' d' ??B prn I nn shm CMtttd by LOC4TOf 002 1 n• la book m vF dol. RIGHT- dF- K&Y f EXHIBIT "C" 0 • J i- . z ?f •,1 i r F112 n 7.74 4 l? a 3 z N tih4I U ST. 104.4'2 (M) Nao'c3514"W Po?' 704.0' I?.oo' 500.04" lA'E boo T'S0 LP N s 8'3'4T'l.7' rn r(1 ?' i O tV ? f1 , N n ; a ui O (IN at I `-) ?- z k p,n-4.55'40"w 143e I Soo'o9'? a: ift ?`? Ih9,7L' ? 1 ~ ? N 30 ' 5 b9'4.4 ?"E 1 GO,00 D a 511z 'Loo.0' gi 71415 5VETGld Wt'b UDT Cou5Tau"m A 5uPVEY. KING ENGINEERING ASSOCIATES. INC. 2145 U.S. 19 Noah En sneers Planners • Surveyors Clearwaler. (lodda 33575 g (013) 791-1441 cHAUTA.UQU&. 'OU THE 114=G? drvwm br L4? prp Ina Mr+l .? dale 5.1-90 D12Q104GE! Ili U7IL{TY l 4lzM'T. n.id book no. EXIITBIT "D" 'r E i E? •b ` •k i i ' 4, y 1 r, PARED BY: lIIC EHCIHEERING ASSOCIATES, rt1c. 1 _ IE F£RRAIIS, PLS - t-?S?' N FLA. REC. HO. ]865 5L4LC l MAIN ST. kri w a LL d a o t THE' EAST 25.00 FEET OF TATS 6 AHD 27, BLACK 35, UNIT 110. ], SECTI011 A, CHAUTAUQUA 40011 TIM LAKE'$ AS RECORDED IN PLAT BOOK 9, PACE 146 OF 711E PUBLIC RECORDS OF 1 - PIIIELLAS COUNTY, FLORIDA. SVETCII OWL(-NOT & SURVEY PREPARED FORE PRDJCGTt Klnq EnElnooring Annaclotes. Inc. j CF-tAUTjN UGZUA, "ON TPP_ L43-1V ?' a e115 u,a. to a 344 Clo.rr.l.r }T.rld ]1120 PLANt LOCATION 5ICE'TCH fal?j ??t-111 01MINJO.-G E EASI~MENT SCALEt DATEt 1 DRAW CYt CND DY1 PD. P0. JOD 110.t SEC. TRP, RGE. UICCT 114.1 I' 90' 4-:0•`10 L4Fy 9 IA-1 1? -002 I OF 1 EXHIBIT "E" I? too loop .tf Iv 10 O D C_j L2s? nue,lua ? c-A-bm'r ~ ? N ton' tan' ¦ • Item # CLEARWATER CITY COMMISSION Meeting a 9/03/92 ,??- Agenda Cover Memorandum PUBLIC PW3 HEARM SUBJECT: Vacation Request 92-16 ( Burr ) RECOMMENDATION/MOTION: Approve the vacation of the South 1.0 foot of the 10 foot Drainage & Utility Easement lying within Lot 78, Clubhouse Estates of Countryside Unit Two less the Easterly 5 feet and the Westerly 5 feet and pass Ordinance No. 5268-92 on the first reading, 0 And that the appropriate official be authorized to execute same. BACKGROUND: The applicant has a pool structure which encroaches approximately 0.81 feet and the decking another 3.12 feet. The City has no existing utilities within this easement. The Building Inspector's office reports "the house was permitted and built in 1976 and the pool was permitted and built in 1981". This pool was constructed prior to the recently-instigated process whereby impending encroachments are more readily discovered and precluded. This petition has been reviewed by various City Departments/Divisions concerned with vacations and there are no objections. Florida Power, General Telephone and Vision Cable have reviewed this request and have no objections. The Public Works Director has reviewed the comments submitted by the reviewing Departments and recommends this request by approved. ,h 1 f Reviewed by: j Originating Dept, Public Works/Engineering Costs:! H/A Commission Action ; AI d P Legal (Current FY) t,c Approved L ? t ry ? Budget NIA User Dept. UJW Funding Source: Approved w/conditions Purchasing N/A Capt. Imp. Denied : Risk Hgmt.H?A E Advertised: Operating ' Contld to l = DiS N/A ; Date: 8/20 & 8/27/92 ' Other ii ACH N/A _ Paper: Tampa Tribune_ j ; Appropriation Code(s) Attachments: Other NZA _ Not required N/A = Petition s tt by: Affected parties ' Ordinance notified yes ` Location Sketch { City a = Not required VAGY716 AGN V i F c i F . E Vacation Number 92-16 "Burr" 4' . V AC A T I ON R E U E S T P R O -C E S S I N G S H E E T PLEASE REVIEW THIS VACATION IN TERMS OF YOUR PRESENT USE AND FUTURE NEED FOR THE PROPERTY. INDICATE YOUR COMMENTS BELOW: REFERENCE ATLAS SHEET NO 200 NC--15 SECTION 20 TOWNSHIP 288 RANGE_16E- 1. ENGINEERING DIVISION: REVIEWED BY: APPROVED BY: DATE: COMMENTS: The Applicant is requesting the v cats n of the South 1.0 feet of the 10 foot Drainage & Utility Easement lying along the North side of Lot 78, clubhouse Estates of Countryside Unit 2. The pool structure encroaches approximately 0.81 feet into the easement and the decking another 3.12 feet. The City has no existing utilities within this easement. The Engineering Division has no objection to vacating the South 1.0 feet of the easement less the West 5 feet and the East 5 feet. Florida Power, General Telephone, and Vision Cable have no objection to this vacation request. 2. PLANNING & DEV ,LnO?PM,EENT : REVIEWED B APPROV : Y: ??`?ED BY: DATE COMMENTS: J / ?' D.K. as the pool meets setback requirements. Zon RS 6. Required rear yard (along north side): 7 ft. for'in•-ground pool. . .f 3. BUILDING INSPECTION; " u• BATE: REVIEWED AND APPROVED BY: COMMENTS: [ V-0 WAC" e i r %.tAl A N"A 1V? \n-LL" C-1 1 t T<'tY?L r. csi? ?vtiti[' tv\ clb ' ? D C}?' f ?`? r ,:,yam s ? a lS ?i C (LT t r? v? 'J s s 1 i Page 1 of A • J Vacation Number 92"16 "Burr" 4. GAS DEPARTMENT: APPROVED B DATE: ?? REVIEWED BY: COMMEN21'? : C1 ! ; Nd D4) eG~? I0 11 } f 8?z,z 5. PUBLIC''WORKS DIRECTOR: DATE: ? REVIEWED AND APPROVED BY: COMMENTS: io/ eG47N V z.. 5 i 3 1 !s yi _____..__-.. ---- wB/27/92 ADVERTISING-DATE: ?2D/92 AND 9/03/92 PUBLIC HEARING DATE: ---- f ` #- COMMISSION ACTION: ---- APPROVED ---- CONTINUED'---TABLEQ---- DENIED ORDINANCE NO. DATE OF ADOPTION RECORDED IN O. R. BOOK: PAGE: LETTER TO PROPERTY OWNER ADVISING COMPLETION OF VACATION VACATION CARD FILE: -? SHEET 2 OF 4 } REVISED 11/90 VACPROC.DDM, r r r. 1 ? V_A C A T ION R_E Q_U E_ 1ST . F I L I N G F O R M a . NAME: kSS (rte s-c.? t?,-1 PHONE: C) ? ntr?r2ec.c?s ?J 2 AD RE Le d,W jo'± T-,e4 D SS: - HEREBY PE'T'ITION THE CITY COMMISSION OF TILE C ITY OF CLEARWATER FOR THE VACATION OF THE FOLLOWING: F It EASEMENT TYPE: . L; RIGHT-OF-WAY ALLEY OTHER: r 2. LEGAL DESCRIPTION OF PROPERTY TO BE VACATED: , Ff v T74- sou rN I F h. of TH-E ' Nar, rN 10 CsAr?s of Ld F cLuBNousE + ?vuNr,zysi?? uN t? . i ,S 3. STREET ADDRESS OR SIMPLE LOCATION: i < A-r,} ?,(Z f'4 t) S ?- , F L o Iq i,(A: 4. PROPOSED USE OF VACATED PROPERTY: Aes IJ I\j - 5. ZONING ON ADJOINING PROPERTY : ?. 1 C=.ej1L?t°? I . Page 3 of 4 f f i s 1 r f 6. ATTACHMEHTS : ... ---?? LAtlD SURVEY OF PROPERTY IS REQUIRED IF THIS VACATION INVOLVES EXISTING ENCROACHMENT DRAWING SIIOWI14G PROPOSED USE OF VACATED PROPERTY (SURVEY, PLOT PLAN, ETC.) X SEE RESOLUTI014 82-3 (ATTACIIED) ATTACHED LETTERS OF 140 OBJECTION FROM: X FLORIDA POWER CORPORATION X GENERAL TELEPHONE COMPANY X VISION CABLE OTHER 7.. SXGNATURE';Off' THE OWNER OF THE PROPERTY ABUTTING THAT PROPERTY PROPOSED TO BE VACATED: (APPLICANT) -NAME ADDRESS t ZIP CODE DATE PROPERTY ACQUIRED L?r4?2c?.? 'tom F-7t *3 461-1 STATE OF FLORIDA) 11 -COUNTY OF PINELLAS) Subscribed and sworn to before me this day of , 1992. My Commission Expires:, ty`pw BETSY K. CAST{ N^.TARY PUBLIC, 5ialo Of B L I C x Flntida. My Commission u? t f:xinr,:s: Sipl^mbar 19, 1993. ` ..705970 ox fiend:d / Maynard Bonding Notary' a Printed signature E r SHEET 4 OF 4 ENG. DEPT 3/82 REVISED 02/92 VACREQ.DDM r. ? t N - - ?,*,f,,•e.t;?J' Fr1?s'ess BOUNDARY SURVEY f ?V4: MERIDIAN P;Ft RECORDED PLAT a Ole 0. af' e.•` ?i• urc?rr ?.?a.+e...tvr•. r. 1 { 4 • III ? ' 1 . • ?_ ?. ,G or 7`7 4 l? tr •, n a? • 4e I or 1 Lr" ce??- .x race ' 0 /'T .S•.s/??•?i/Ci4 N i/.fT' t tii• ?n>4, '?'• ?1 /L7• ..r • Y' IY??a? ri v4r l G e, 7• 7 7 ?• 1 `+ I N .T' 1?r sr.e crrf?'`•-rte C - S W CM, ,LeT,79 L[DLND r. - C{+nf t i; - ?:n nrr I-M 0.04 met C.N. - Ca.tnq uan.l?rnl C. crr N 10 , - Nts 4 aH1 e.K N. - ?K. Nso rh - ?..rdwrrur. IFI - Y1rrt.n..{n1 fef r 1, Drra IMaf.nrbrn ICI • Cernpul{a D?mrnHeh '. P'. P102 Perot L.r. L.pnl Poll Wu, WNq?Nitr ctr - em,n tint F{PCI WOF - wars I¦n1r t'a..Ir.. Jrod ww.r / M Za• L•Is wrv c.. i,r.•mr e.' X,r.4 ews .l?ri ve el !?. O ' R/G A-Ir e'- .26-0 'J'' ' ASAWW47- / ;A`2- X7 717' 4, rh? ew ,Opp, (f) file! i(Il q PG. GOTPC ? ? yt Of ,y a R, _ `•' Copeland and Son$, Inc, end of e¦rplyfnp surveyor aeeeot no racponsibif ly for right of wey, ea,emarit IaatflCimnL Of MOM matters effecting !ilia to land surveyed other thin lhot e I eCilyd In currertl deed and or 1nlltumerBS of record lurnlahod by chrnl and of their apenls. 'TL, 1110 tr•Idr lr'rl 11,... --,to or r l r¦.rrl lr-ws. unit U. -UNP pn llpya H1fr1Y ewn¦ lr,. n, r 1, LIHDCRf:RDIIHn FNCHr1A(r•HUt:N, S IF AHr HOT tpCATe D. /'?SQL'/F OC7¢.a Q OCCU?ADON DTHLR IMAM SHOWN NDS NtASURCD Ie6tinKlnosII ill N¦ r.e ,LO•{ arla.tra (i?T•7'. rn e?,.,la{.i h No O ni ln{I ] ftEYA110NS EA!lD OH LC.7 1. N.c.V.D. aeNCM WSL p•40{rtt 1NA 20ar,• ?.y:? ..•i{ { Y.{! C-!r Wen L,AAK AMPieMCe • ?_ %",t+PC Nf1 iM „ le The M 5411.1 mne my 1Hna-n¦!uelolet -d Ie r..I s•.ertrlrf'Rrr, II?77 BFNCM LtARK H7. L Y, - - `'I•fl) ^?? ( at/i 'rv --ere' •40e2r.dH BOOKNO.,15Ire.S PAnEHO. h7•-:14• A Survey of Lot 4011 130• 5.. / COPELAND AND OONd, INC. 33DO LAND O'LAKIFE IrW10. CSeyv/.?.s.?.• !? i"N+n ... _ - ?__-_,- LAND O'LAKBb, FLA• OiAtU _ _ 1 CERTIFY MIS PLAT TDCnFLAMILY REPRESENT THE PHONEI 1013) 04" 595 as RFicordedIn Plot Gook ?,4 , SU VEYOL 14ELArCx[EERS fKE6lut?E?151AlSLD4ARa D46-711111% PA$e •+1 D}the Public Records ? TA E{ ?ITS Of CHAP IER21 jIH,EFLONOAADr.11io• PnEpARED FOR AND canTIFIED TO: Of Pi•r?,Yezr... • CCUr1ty, Florida A . GEN i; COP ELAND { .s! a J. G.uil•{rA.widr IFa.r? /?b.•r+?? r NOT VALID UNLESS d Q BY: EMBOSSED WITH SURYEYOFIS SEAL . ;, . _ orVOyor_dSF/ pa1e..7 ? "-'J L Flo. neg. 5 nnrE 7.7+ fZ C. OF P. c 17'+4 G, pwa , wx.dr. GKD, d-r 6z- PVC, ORDINANCE NO. 5268-92 AN ORDINANCE OF TI{E CITY OF CLEARWATER, FLORIDA, VACATING TIIE SOUTH 1.0 FOOT OF THE 10-FOOT DRAINAGE AND UTILITY EASEMENT LYING WITHIN LOT 78, CLUBHOUSE ESTATES OF COUNTRYSIDE UNIT TWO, LESS THE EASTERLY 5.0 FEET AND THE WESTERLY 5.0 FEET, PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been requested by Russell F. Burr, owner of certain real property located in the City of Clearwater, that the City vacate the drainage and utility easement described herein; and WHEREAS, the City Commission finds that said easement is not necessary for municipal use and it is deemed to be to the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF' CLEARWATER, FLORIDA: Section 1, The following: The South 1.0 foot of the 10-foot drainage and utility easement lying within Lot 78, Clubhouse Estates of Countryside Unit Two, as recorded in Plat Book 76, Page 9, of the public records of Pinellas County, Florida, less the Easterly 5.0 feet and the Westerly 5.0 feet, is hereby vacated, closed and released, and the City of Clearwater quitclaims and releases all of its right, title and interest thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3, This ordinance shall take effect. immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and and cor;;ectness: M. A. Ga alt ,l r. City Atto ney Rita Garvey Mayor-Commissioner, Attest: Cynthia E. Gou eau City Clerk s i t i 5 I I ? I 1 0? jQ QZ 44S d? I O II ?? a• 0 I o? f _? 5 S, r <, I ST. ANDREWS NOTE This is not a SURVEY t P'? Drainage 9 Ufil. Esml. 7 ?? o ?O I a . 78 ' -? + SCALEt N.T.S. 5 V I .7:f f I I Cb I i ,1 ' I I I ?I DRIVE 8uri" Voc. No. 92- 1 s Sect. 20 ° 28- 16 Drown by : D,D.M. Dole: 8/11/92 t Clearwater City Commission Agenda Cover Memorandum P It Meeting 09 03 42 3 SUBJECT: HEARING Variance to the Sign Regulations; 1 107 No. Fort Harrison Ave. (Carillon Rugs); Robert J. and Jeanne Rice (Owners); Tyler Rice (Representative). (SV 92-10) RECOMMENDATION/MOTION: Deny sign variance request of 16 sq. ft. to permit property identification sign containing 72 sq. ft. for Palm Bluffs 1st Addn., Lots 4, 5, 13 and part of Lot 3. ? and that the appropriate officials be authorized to execute same. BACKGROUND: This item was continued from the August 13, 1992 City Commission meeting to permit the applicant to research a "ground sign" option. Under the current sign regulations, ground signs erected as property identification signs in Neighborhood Commercial districts are permitted to be up to eight feet in height and to contain up to 56 sq. ft, in area. The applicant is requesting a sign variance to permit modification of an existing pole sign to allow that sign to serve as the only signage identifying the business. The Carillon Rug Company's signage includes: ? A pole sign containing two panels, totalling 104 sq. ft. in area; ? The same pole sign exceeds 20 ft. in height and is within the required setback from the property line; and ? Multiple business identification signs (attached signs), considerably larger than the 15 sq. ft, allowed. The applicant is proposing to modify the existing 104 sq. ft. pole sign to delete the bottom panel (reducing the total area of the sign to 72 sq. ft.), lowering the height of the sign to 20 ft. and moving the sign structure to no closer than 5 ft. from any property line. As modified, the sign would conform with the height and setback requirements, but would not meet the 56 sq. ft. area limitation. The applicant does propose to eliminate all attached signage as a condition of obtaining a variance for the larger pole sign area. Under the current regulations, the attached signage could not exceed 15 sq. ft. in area. iievieied by: i /A originating Dept: costs: s N/A Commission Action: 'SCE A Lega N PLANNING & DEVE 0 Total ? Approved 11 Budget N/A Purchasing N/A S © Approved w/conditions Risk Mgmt. N/A Current Fiscal Yr. 11 Denied CIS k/A User Dept: © Continued to: m ACM „X? Funding Source: Other _ _N/_A ? Capital imp. Advertised: © Operating . Date: 09!03!42 11 Other APPLICATION Paper: TAMPA TRIBUNE HAP ? DRAWINGS Not Required 5 "t by: Affected Parties None ? ® Notified Appropriation code; Cit 13 Not Required ew 00 JP inted on recycled paper C.C. 9103/92 SV 92-10 Page 2 Under the current sign regulations, a pole sign in the Neighborhood Commercial zoning district could contain 56 sq. ft. of sign area. Under the proposed sign regulations, and the Countywide Sign regulations, a pole sign in the Neighborhood Commercial district could contain a maximum of 50 sq. ft. in area. If the applicant reduces the pole sign to 56 sq. ft., no further changes to the sign area would be required under the new regulations, since signs brought into compliance with the current (1985) code are not subject to further amortization requirements. In effect, if the applicant complies with the current regulations now, the sign will contain 6 sq. ft. in area more than it would be allowed to have under the proposed regulations. Also under the proposed regulations, the applicant would be allowed to have a 48 sq. ft. attached sign. This signage would be allowed in addition to any allowable pole sign. Despite the applicants' offer to bring the existing sign into compliance with setback and height regulations, as well as eliminate all attached signa'ge, the staff feels that the request is primarily based on economic matters, rather than some unique condition associated with the property. The applicant is simply proposing to modify an existing sign structure to minimize the cost of sign code compliance. Consequently, we feel that the applicant is not in compliance with the required standards for approval for the granting of variances. 1. a? CITY OF CLEARWATER Ir Receiat Iy_ 731 SIGN VARIANCE APPLICATION S V# ?1 ' 1D 475.00 PROPERTY OWNER(S) NAME & ADDRESS: REPRESENTATIVE(S) (if any) NAME & ADDRESS: I _ Robert J. Rice & Jeanne_ P. Rice Tyler S. JCe 1057 Chinaberry Rd. 1962 Ripon Drive Clearwater FL 34624 ry TELEPHONE: R 2-4 5 3 TELEPIfONE:_(R13) 41x2--951 C1 arwnrer F1, 3461 9 ADDRESS OF SUBJECT PROPERTY: 1107 N. Ft. Harrison Ave NAME OF BUSINESS (IF APPUCA13LEI: C a r i 31 o n Rug Cleaners , Inc . _ ZONING DISTRICT: CN LAND USE CLASSIFICATION: C / 1'F LAND AREA: 2 5. 860- 'sq . LEGAL DESCRIPTION OF SUBJECT PROPERTY: Palm Bluff 1st Addition Lot 3 less t r i a n u l a r strip shown with lot 1 and lots 4, 5 and 13 PARCEL NUMBER: 04 1 29 1 15 65466 000 1 U030 (This information is available from your tax receipt or contact Pinellas Co. Property Appraiser's Office at 462.3207. It more than ore parcel number, attach 8'/2 x 11 inch sheet) DESCRIBE SURROUNDING USES OF PROPERTY: North: Low income apartments East: Low income apartments South: Vacant lot West: Vacant v hnilrl-ina VARIANCE=(S) REQUEST (if Variance to 7 year amortization requirement. refer to Sec. 134.015): rk f - Please r A , REASON FOR REQUESTING VARIANCE;(SI: (Refer to Standards for Approval,• next page) CONTINUED ON REVERSE SIDE STANDARDS FOR APPROVAL: A variance shall not be granted by the City Commission unless the application and evidence presented clearly support the following conclusions: 11) The variance requested arises from a condition which is unique to the property in question and is neither ordinarily or uniformly applicable to the zoning district nor created by an action or actions of the property owner, predecessor in title, or the applicant. Any mistake made in the execution of a building permit or work performed without the benefit of a permit shall not be considered to be situations which support the granting of a variance. 12) The particular physical surroundings, shape or topographical conditions of the property involved and the strict application df the provisions of this development code would result in an unnecessary hardship upon the applicant. (3) The variance is the minimum necessary to overcome the unnecessary hardship referred to in preceding recital "2" for the purpose of making reasonable use of the land. 14) The request for a variance is not based primarily upon the desire of the applicant to secure a greater financial return from the property. (S) The granting of the variance will not be materially detrimental ar injurious to other property or improvements in the neighborhood in which the property is located. (6) The granting of the variance will not impair an adequate supply of light or ventilation to adjacent property, . detract from the appearance of the community, substantially increase the congestion: in the public streets, increase the danger of fire, endanger the public safety in any way, or substantially diminish or impair the value of surrounding property. (7) The variance desired wilt not adversely affect the public health. safety, order convenience, or general welfare of the community. (8) The granting of the variance desired will not violate the general spirit and intent of this development code. SIGNATURI~ O PROPERTY OWNER (OR REPRESENTATIVE]: (?:?r, ,, :.. ?. f • ? 1OF .V . Before me, the undersigned authority, personally appeared r11t G elCf- deposes and states' the matters and facts set out above are true and correct to the best of his/her knowledge and belief. Sworn to and subscribed before me this 1 Note:g pu'altc, State 01 Fio-1da 14p C-.:.-nit_ica Expires )=e 27, 15°a NOTE: PROPERTY OWNER OR REPRESENTATIVE MUST ATTEND HEARING. .D., 19C. DC> Rev. 12191 E SINCE 1964 1107 N.Ft. Harrison Ave. • Clearwater, FL 34615 813-442-9538 July 10, 1992 The Carillon Rug Company's current signage is not within the new sign code regulations. The following outline lists the non-compliances and the actions to be taken. 1. Non-compliance: Pole sign is currently 104 square feet larger than the 56 square feet permitted for our establishment. Action: The lower marquee would be removed, thereby reducing the total square footage of the pole sign to 72 square feet from the original 104 square feet. 2. Ilion--compliance: Pole sign is above the allowable maximum height of 20 feet. Action: Lower the entire structure to below the maximum allowable height of 20 feet. ;. ':or,--compliance: Pole sign is within five feet of pr.opert;, lines. Action: clove entire structure to five feet or more from any property line. 4. Carillon has more than one business identification sign, and the business identification wall sign is larger than 15 square feet permitted for our business. Action: The two existing wall signs would be removed. This action would reduce the total signage from 325 square feet to 72 square feet, a reduction exceeding 350 per cent. 1 Member d: Registered Appraiser of Professional Cleaning; Oriental Aug Retailers of America, Inc. Expert Repairs and Storage. II ?? N S)NCE 1964 ORIENTAL RUG GALLERY8 CARPET CE=NTER 1107 N.Ft, Harrison Ave, • Clearwater, FL 34615 r 813-442-9538 Page 2 The actions we have proposed would bring the property into full sign compliance except for 16 extra square feet in the pole sign. If our former CG zoning had not been removed, we would only be 8 square feet out of compliance. ; lie respectfully submit the following for your consideration: ' The existing pole sign, erected in 1983, is in excellent condition, is attractive, and was designed for i a twenty-rive year life. Our property has been declared a blighted area, and this has impacted heavily upon all businesses in the neighborhood. ' Even though finances are not to be considered, a loss in excess of $10,000.00 for signs will create a substantial 1 hardship. When the actions listed on page one are taken, we ask that we be allowed to use the existing role .=Gn. i t Respectfully, f Robert J. Rice ' Member & Registered Appraiser of Oriental Rug Retailers of America, Inc. +k t. ! Y Professional Cleaning i Expert Repairs and Storage S ' t I_ I 'r j j6k)l ?l` ?{1r q i t? . t S} ?: ?' • \??-? ?v ?`cr ?.f' L? t:J ?...?ar., Cry ?.?.?• ??V?'.?r''+.3' '.r? &I or, Uy c"O.A.ILRPET to VINYL Q WO OD Q r • r I 'i• ?t :j 4 '•1 i ,I r?. E e r s i. 1 0 cz? LI) t? ,lad E ?V ``'Jrd! ! pf' lrOdu ?1t t? g J}am?,, n •rrUiAry S11401 A cl) 'J 13,.c 13D7 _T (CS 48 `r. 56 ?? 5C 3g 1stD 140 0 ??lC? rare 13,96 r.tA3 5 ? 13n s 130 ;tic) n?,09 2 F_ -...i 1Yo! _ deg ?}2? ?" 1•?VY ?? » ''°s -- ".1300 23 1307 3 3 ` 13?': ?' 13A.r •? r r3D5 4 7 5 lzfc ° ". nA ^--t sr` 1309 5 1:"C o __69 N !301 r? .6 65 rn h 26 25 h 4 6 ?- - 1 ?1 'te'e e 1-re - ! t•rn. ?. -C7 ?76 larz 1 `? ?O .7zT 67? 1zT- r__71 .2 s 7"R E 1 _ I 23/Di ' Fr } `l12:a U 1,?r3 EQ ° ItSJ ° l:rs o, 1 UO 72 O 1 55 `Q 1212 1zt5 7 c e p 0, 14 61 ` A ~`t.o !•'-zos 65 E2 ?-TU o rz,a B 3`1 301 31 ?J? A ?)7 sr. - - P h 7 c r2ae -? ? 6W 'Ally CID ; 2 81DV :0? rioR g_ lznv ' - ;t1Ag' ???:k 4 19 ti TzaE ?G C 38 ?r /t6 r.a? ;tzA ? 21 _•! I .. »' _? .? TaoP 37 3613 soy 10 raa l5 34 3 t ?il ti 1 f [7 1zD5 ! _ .1 1201 2-r _ p- '?. r a2os 1 1 lE ?, a. ul g o 11 2 ry"' _5/26 On - o- I Y 1 12 t ?'t:?r UFF"? tlr 7 Q! 25 27129 lag ; p ,? r 1zOT Jo ?a 5 05 •' - !._. • -- B o 5 ? 29 2 ss?„ul. ; ; :<'p SrREEr 31 30 3 ?_.. `, - • % 4- 1 770f !.' I` '2z t.:•.•:t,..: i,\!? b 4 p Q r / 1105 10 x. rl e 5-14 ?"- COQ T1 33 1?"t ,: w •. C) rDa ? o 35 ` 36 'TDD 1T0 '`'`: :n lJ?. I ?E1 J? W TY I ,p1G i" 3 1 S 1 2 ?AO _ _5_14 I 't Cvr.[Gi t2..?.1 y y'• 7013 ?` -zf CL 701D la t6 lAt? r y fo 7I? TT rT c+1D, Z2 r?l f072 1l rt 26 :IGEMi 1, S. 10:0 ti rots, _ _ 25 r `~1006 torn j 1010 s; ' 'Dp ?3? 2 N ?; lea t b 7D09 n .. e n`' ec r S r n ! rabC? '`y . r ?r] 100&.•' Iu ° e. .oc.? 1006 roc- 36 co ? y, intm; 2 2 cr ??? " o to- _'C7._' DA+. ?1005 20 U 10071 C 100.E _ ' C U3 ~ l ??` 3 -1 rcc: 2 J" r v ? J?r00." !1001 1 :aoA / woo r? I 3 -CEDAR STREET C N r `f ?. y F 7 R VARIANCE REQUEST: SIGNS NAME, ????.t?_,,????E ?? r ? r F?E••.f??;; rl,l._ ?n. ? M ?. SV-*."?' PUBLIC HEARING [SATE: ,/-?-' •- ?'= 1`1 r? ATLAS PAGE:',.-0=S SEC: TWP: -? ' S. RGE: / E. ?CLEARIArATER CITY COMMISSION_;?? K ? ?n ? / ? 6W2 C ?n v D e. L'3DO? Lojjnlti?l< r ? w IF - •.sc; :I.rrkpur; 4 ? rr N ? ff A.,rF op?y""?o? u Of !I 6T *s *n Ell • n I ? f ' m 4 N rrf u w •a f d •DAY ta;n_.:OF I ? ? u V DAY O-?Vj N w-? ? I I ?' f .,;5y PuzI?;=iri n N ? w N ? C rirnuS;H SSuzti 1 0 7 y? I cn , ? l ?. ? tp ug„ aro-, ¦ rR CF Y 1 ricatal'Ru IN 3p - d CARP £f• WOAD w. rsr. orf •:?' ? i?G Ql?lD17'": RUG CElflElt Ms.' Clearwater City Commission Agenda Cover Memorandum It PUBLIC( Meeting t7 03 W HEARING ,? SUBJECT: Variance to the Sign Regulations; 1880 Gulf-To-Bay Boulevard (Grand Prix Car Wash); Grand Prix, Ltd. (Owner)/Paul L. Hunter (Applicant) (SV 92-15) RECOMMENDATION/MOTION: Approve variance of five feet to permit a directional sign to be located with a zero ft. side setback for Sec. 13-29-15, M&B 23-07 and Skycrest Unit D, Blk A, part of Lot 5, subject to the following conditions: (1) The requisite permits shall be obtained within 30 days of the date of this public hearing; (2) All other signage on the site shall be brought into compliance with the sign regulations on or before October 13, 1992; and (3) The sign design and location shall be reviewed and approved by the Traffic Engineer for compliance with sight distance requirements prior to the issuance of any permits. ? and that the appropriate officials be authorized to execute same. BACKGROUND: This variance request is to permit a new freestanding sign to be located zero feet from the east side property line. The current sign code (as well as the proposed code) requires a five foot setback from all property lines for freestanding signs. The existing freestanding sign on the east side of the site is proposed to be removed and replaced by a new sign that complies with sign height and area requirements but which will require a five foot side setback variance. Meeting the setback requirements on the east side of the site would require modifications to the applicant's entrance driveway, including coordination of any changes with the Florida Department of Transportation. The applicant states the placement of the sign in a conforming location on the west part of the property line cause confusion for motorists looking for the entrance. Given the site design and the need to identify the entrance to the site, the staff feels that the applicant's purpose can be accomplished through granting a variance to allow a directional sign adjacent to the east property line. The main property identification sign could then be located in the center of the site in a conforming location. This would reduce the visual impact of a large freestanding sign located directly on the property line. Any variance approvals should include a condition that the sign design and location be reviewed and approved by the Traffic Engineer for compliance with sight distance requirements. Should the Commission decide to grant the variance as requested, the staff would recommend maintaining the same conditions of approval as indicated for the directional sign. Reviewed by: al N/A Le Originating Dept: PLANNING 8 DEVELD ?Z Costs_ Total X C fission Action: d Va"cl nG£ Ot' A + g , pprove AS -Prim •1y?-? C Budget N/A NA Pu hasfn 13 Approved u/conditions rc g l Y C t Fi d 5??? SC?tC ? D i Risk Mgmt. N/A C1 S NIA User Dept' sca urren r. e en o i Y t TRpn'i S 13 ACM Funding Source: Continued tt other N/A ? Capital Imp. Advertised: El Operating Attachments: 8/21/927 ate: D 13 Other .,._. APPLICON Paper: Tampa Tribune MAP d t Re ? N i D RAWING qu o re Submitted by: Affected Parties ? Notified Appropriation Code: 13 None Cit M gcr 13 Not Required Q** Printed on recycled paper CITY OF CLEARWATER Rec:;l ot SIGN VARIANCE APPLICATION j V// 1 - Is- PROPERTY OWNER(S) NAME & ADDRESS: REPRESENTATIVE(S) (if any) NAME & ADDRESS: _Cranri hr i x,_ L1:d_--_--- --_- 5405 B So. Comfort: Blvd. Tampa, FL. 33634 Paul L. Ilunter President -Nelson Ilendry, Vice-President 5405 B So. Comfort: Comfort Blvd. Tampa, FL. 34634 TELEPHONE: 0 TELEPHONE: 813 885-5706 ADDRESS OF SUBJECT PROPERTY: 1880 (3ulf_ 'ro Bay Clearwater, FL. 34625 NAME OF BUSINESS (IF APPLICABLE): G s a n d Prix Car 14a s h ZONING DISTRICT: G" LAND USE CLASSIFICATION: C T. F. LAND AREA: 0. 5 ) LEGAL DESCRIPTION OF SUBJECT PROPERTY: See Attached PARCEL NUMBER: 1 1 1 1 1 (This information is available from your tax receipt or contact Pinellas Co. Property Appraiser's Office at 462-3207. If more than one parcel number, attach 8'/2 x 11 inch sheet) DESCRIBE SURROUNDING USES OF PROPERTY: North:Residenr;.4l East: Comme-rcial (Burger Kin South: Hwy 60 J I;ttlf_ to-_Bay R1 yrl . West: ' al (Capt. John Hair Cutter) VARIANCE(S) REQUEST (If Variance tD 7 year amortization requirement, refer to Sec. 134.015): To leave sign on existing property line (Bast Boundry) that butts Burger King Property. _.- REASON FOR REQUESTING VARIANCE(S): lRefer to Standards for Approval, next page) Based on 1a ul, of property there is no other solution. See attached. It would cause 1-ramPnrlnttG hardship ra place the sl,gn onthe West BOundry. The drivers would be ast the car wash before they saw the sign and could pct euriall caused a serious accident by people slamming on them, brakes at the last second in order to enter the car wash. CONTINUED ON REVERSE SIDE STANDARDS FOR APPROVAL: A variance shall not be granted by the City Commission unless the application and evidence presented clearly support the following conclusions: 11) The variance requested arises from a condition which is unique to the property in question and is neither ordinarily or uniformly applicable to the zoning district nor created by an action or, actions of the property owner, predecessor in title, or the applicant. Any mistake made in the execution of a building permit or work performed without the benefit of a permit shall not be considered to be situations which support the granting of a variance. (2) The particular physical surroundings, shape or topographical conditions of the property involved and the strict application of the provisions of this development code would result in an unnecessary hardship upon the applicant. (3) The variance is the minimum necessary to overcome the unnecessary hardship referred to in preceding recital "2" for the purpose of making reasonable use of the land. (4) The request for a variance Is not based primarily upon the desire of the applicant to secure a greater financial return from the property. (6) The granting of the variance will not be materially detrimental or Injurious to other property or Improvements in the neighborhood in which the property is located. (6) The granting of the variance will not impair an adequate supply of light or ventilation to adjacent property, detract from the appearance of the community, substantially Increase the congestion in the public streets, increase the danger of fire, endanger the public safety in any way, or substantially diminish or impair the value of surrounding property. (7) The variance desired will not adversely affect the public health, safety, order convenience, or general welfare of the community. (8) The granting of the variance desired will not violate SIGNATURE OF PROPERTY OWNER (OR REPRESENTATIVE): general spirit and of this ?relopment code. v, Before me, the undersigned authority, personally appeared 1 ` the matters and facts set out above are true and correct to the best of his/her kn ,-'Y If deposes and states e and belief. Sworn to and subscribed before me this-- Y! day of A.D., 19 .4AL.) \Q rklA/)? A AJAX Notary P bli TARY PUaLIC STATE OF FLOPIDA I'?Y C0j')I iISSION EXP ALIG. q, i9n i+ EI} i! 8EKRAL INS. LqO, NOTE: PROPERTY OWNER OR REPRESENTATIVE MUST ATTEND HEARING. Rev. 12/91 •'' 1 La 1,. S Y •_ 1. ' -. 9 C '•'? bILO 3,1 1 ,Jn Fmv, r, r -• 1 e. pw r Nor t?w ?+. ? ` S':,a>`1a. , r r t.ust[ N 1 j? t h 1 rr y ? t l.r4ly...,. !. ti Q ! , ,r yv Q i ,.Y? ral•,I.F, N . J d "" It Id ?? + I IL rwil I ? rw ` ti W ?,,n 1 is ' U V : cc ' 1 - L ' • . 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CLEARWATER CITY COMMISSION 0 o UJ Sc,>wl?• Clearwater City Commission I tem # Meeting Dite: 09 3 92 Agenda Cover Memorandum PUBVIC +rl;ir HEARING PLb SUBJECT: Variances to the Sign Regulations; 655 Belcher Rd. (Gulf-to-Bay Plaza); Fortune Bank (Owner/Applicant); Catherine Dixon (Representative). (SV 92-12) RECOMMENDATION/MOTION: ? Deny variance of 4,6 sq. ft. to permit a second message panel on the property identification sign to allow a total surface area of 68.6 sq. ft. for Lot 2, Turner Professional Park. ? Approve a variance of three signs for a freestanding automatic teller machine with a total sign area of 26 sq. ft. for Lot 2, Turner Professional Park, subject to the following conditions: (1) Signage shall be limited to a maximum of two bank identification signs containing a maximum of 12 sq. ft. each with the signs to be located on the east and west sides of the automatic teller machine and a maximum of one incidental sign listing credit cards which are accepted to be located on the face of the automatic teller machine where the cards are inserted and which contains a maximum area of 2 sq. ft.; and (2) Alf requisite permits shall be obtained by October 13, 1992. ? and that the appropriate officials be authorized to execute same. BACKGROUND: The applicant is requesting two variances which address separate signage issues. The first variance is a variance of 4.6 ft. sq. to allow an addition to an existing 64 sq. ft. property identification "pole" sign. The second variance is a variance of six signs with a cumulative area of 48 sq. ft. to allow signage on four sides of a proposed automatic teller machine (ATM). Regarding the first variance, the applicant is requesting an additional allocation of signage to a relatively new freestanding sign. This sign was erected in December 1991 to bring the freestanding signage for the property into compliance with the requirements of the current sign regulations. The additional signage is intended to advertise the new ATM being constructed on the property. While the circumstances for the bank may have changed due to the ATM construction, staff feels that ATM's are such a fixture at banks that no additional advertising is necessary. The existing sign complies with the sign regulations and therefore should not be modified so as to increase its area. Reviewed by: Originating Dept: Costs: _S NIA _ Commission Action: Legal NZA PLANNING & DEVELOPMENT Total ? Approved Budget _ NIA N//A i P h 1 a' t.• : r ; 4<< '' s ? Approved w/conditions urc as ng Risk Hgmt. N/A User Dept: Current Fiscal Yr. 13 Denied cis ACM Funding Source: ? Continued to: Other _-N/A ? Capital Imp. Advertised: ? Operating Attachments: Date: 08/Z4/92 ? other FLAP Paper: TAMPA TRIBUNE APPLICATION ? Not Re uired q Submitted lzy. Affected Parties 13 None ® Notified Appropriation Code: ® Not Required Cit en er ? Z*** Printed on recycled paper i. -2- Concerning the second variance request, the applicant is seeking permission to be allowed six separate signs on a new ATM. Signage would be on all four sides of the ATM, and would consist of a bank identification sign on each of the four sides and a message displaying which credit cards will be accepted by the ATM on two sides. Under the current regulations, the applicant is eligible for a single 15 sq. ft. business identification sign. The applicant has already installed signage consistent with this requirement on the main building. No signage could be installed on the ATM under the current regulations. ' Under the proposed sign code, the applicant would be eligible for up to three attached signs containing a maximum cumulative area of 64 sq. ft. Such signage would be further restricted by the linear width of the building to which the sign was attached (1.5 sq. ft. of signage for each one foot of building width). Applying this formula to the ATM, the maximum sign area for signs attached to the ATM would be 12 sq. ft, since the ATM "building" is only 8 ft. wide. Attached signage would be limited to the faces of the building oriented to the street and the parking lot. Staff would recommend the following approach. Because the ATM could be considered an integral part of the operation of the bank, it should be considered an extension of the building, and therefore eligible for additional attached signage as allowed under the proposed code. Under the proposed code, the credit cards that are accepted by the ATM could be indicated as an incidental sign (not to exceed 2 sq. ft.) on the face of the ATM which accepts the cards. This sign would be in addition to the two 12 sq. ft. attached signs that would be allowed. This signage allocation would appear to be sufficient to properly identify the ATM and allow customers to know which cards are accepted. Under the proposed code, the applicant would also be allowed to increase the area of the existing freestanding sign on the building. If a total of 24 sq. ft. was allocated for the attached signage on the ATM, and there is a 15 sq. ft. attached sign on the building, the applicant could add up to 25 additional sq. ft. of signage to the attached sign on the building, since a total of 64 sq. fit. of attached signage is permitted under the proposed code. This additional signage could be utilized to advertise the ATM and the cards it would accept. NOTE; Under the proposed code, the incidental sign area is not calculated in the total sign area allowed. +?l LIIT Uf- VLtl1I1WAILII F-Tecrial. 6. 7 SIGN VARIANCE APPLICATION 5 V# °2 4 - 75?.? PROPERTY OWNER(S) NAME & ADDRESS: REPRESENTATIVE(S) (if any) NAME & ADDRESS: Cg44jfr;e7L D1)A0Y7 _ 111tonlational si-gil & wsi tl Corp. 16120 US 19 10831 Canal St. Clearwater, FL L?irr o, FL 34647 TELEPIIONE:_ ( E13) 538-1001 TELEPIIONE:. (813 ) 51,1-5573 - ADDRESS OF SUBJECT PROPERTY: 655 S. Belcher Rd. NAME OF BUSINESS (IF APPLICABLE): Fortune Bank ZONING DISTRICT: C C, LAND USE CLASSIFICATION: G. I , t. LAND AREA: 1-34 Ac- LEGAL. DESCRIPTION OF SUBJECT PROPERTY: Tu r l e t' s ? ( 4eS 5 loo r..1 Pr, r k `ct 2-- PARCEL NUMBER: 18 1 29 1 16 1 92650 I 000 1 0020 (This information is available from your tax receipt or contact Pinellas Co. Property Appraiser's Office at 462.3207. If more than one parcel number, attach 8'/ x 11 inch sheetl DESCRIBE SURROUNDING USES OF PROPERTY: North: Shopping Center South: Rneral hom7 East: D-- ntist Office (vest. 200' retention Pond VARIANCE(S) REQUEST (if Variance to 7 year amortization requirement, refer to Sec. 134.015).- No. I To allow a 1' x 6' or 6 square £t. sign to be added to existing pylon. SECOND RC UEST: In the event the board A11 not allow the "bow tie" si we would like to have the 4.57 square ft. sign as an option. No. z To permit a total sign area of 48 square ft. (combined square footage_for_all 4 sides) of the new ATM Equipment Enclosure, where the City of Clearwater' S =ddjaanCes do not address permittable i gn areas for,-this fie of facility REASON FOR REQUESTING VARIANCE(S): (Refer to Standards for Approval, next Pagel No. 1 This request is necessary to in£orn those who bank with Fortune Bank that this location has the Autanatic_ Teller Hachine. These signs are informational s esneciall after hours. These signs constitut:ea-public service and convenience to the-public- No. 2 To obtain permit for sign area on an ATM Equipment Enclosure where no regulations or ordinances have been established. CONTINUED ON Rtw1lERSE SIDE STANDARDS FOR APPROVAL: A variance shall not be granted by the City Commission unless the application and evidence presented clearly support the following conclusions: 111 The variance requested arises from a condition which is unique to the property in question and is neither ordinarily or uniformly applicable to the zoning district nor created by an action or actions of the property owner, predecessor in title, or the applicant. Any mistake made in the execution of a building permit or work performed without the benefit of a permit shall not be considered to be situations which support the granting of a variance. (2) The particular physical surroundings, shape or topographical conditions of the property involved and the strict application of the provisions of this development code would result in an unnecessary hardship upon the applicant. (3) The variance is the minimum necessary to overcome the unnecessary hardship referred to in preceding recital "2" for the purpose of making reasonable use of the land. 14l The request for a variance is not based primarily upon the desire of the applicant to secure a greater financial return from the property, (5) The granting of the variance will not be materially detrimental or injurious to other property or Improvements in the neighborhood in which the property is located. (6) The granting of the variance will not impair an adequate supply of light or ventilation to adjacent property, detract from the appearance of the community, substantially increase the congestion in-the public streets, increase the danger of fire, endanger the public safety in any way, or substantially diminish or impair the value of surrounding property. (7) The variance desired will not adversely affect the public health, safety, order convenience, or general welfare of the community. (8) The granting of the variance desired will not violate the general splofand intent obis development code. t SIGNATURE OF PROPERTY OWNER (OR REPRESENTATIVE): K th H. Ro eicts, V.P. Before me, the undersigned authority, personally appeared Keith H. Roberts deposes and states the matters and facts set out above are true and correct t the best of his er knowledge and belief. Sworn to and subscribed before me this,if- day of D., 19. ev _V a - No r ?blic Z tdola ry f'vblit, StW8 of Florida 'Ay co""4'100 E1*85 Sopt. 27,1994 banded Thru N7 NT, • L"" M Inc NOTE: PROPERTY OWNER OR REPRESENTATIVE MUST ATTEND HEARING. Rev, 1219 1 ?i gg 11' 111 al l it i ?o 6. Z i I 'ga CC ? 1 a? 3?1 ?DD? hl, I 1 111 V 11 I i f . 8r 1 1 10 11, 1 1 . 1 1 4. t u ? f1 ' rr ? r? r K r to i W in n11 I r' Z? 4 h `? 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N 72r 278 127 `" 7 9 229 w 30 30 129 (D 36 C ] ut - PHI 5E ? .z 32 231 732 I Yb I :.:;;,a.1, 4 a 34 233 ? 33,x'1 ' i P -SE -to co 361 735 6 _ 135 Gs1 32/07 O co 30 137j V. 137 ? 1n EE _ :K€ht .: 740 138 PHASE 40?73 ? ? 1 .36 422,1 242 i 14i W Q S 5 L w 3<4241j L24 32/09 32/10 o a J 71b 11' k `A [ASr. '_"_ •t1id- X83° _.._..- -- ?• r U DRUID 2 13 '.1 nao 14 604 I_28 15_. !3C GU 117 Gaff 118 BOB 12/03 141 702 103 204 305 SOC 105 208 307 106 107- 20B Orr. 7? ... 309 110 109 210 1*cc .311 112 111 212 211 ??T 14313 114 113 214 213 x, vs ,0 715 315 118 N?• n m 217 f. 317 11B r r 319 1120 41 rte! 219 1 N 321 122 °J 221 N ' N t. s23 124 ny V4 223 nb In 225 3z? taa ?~ ? ' ^cr:, 227 RMH ? -K 0 32B 130 C c! U ;II, 32 1 2 231 4 •? .y 331 134 p c 235 1 Fi ra; 333 1]6 237 •3 pmq N 2391 335 138 k1 „t 337 140 139 24 241 13 339 142 141 24243 ' r1.1 341 144 143 ? 245 247 CG 32/02 210 109 108 107 106 105 104 103 102 101 N N ? , N ! r! O 00 ? , N 4 N N N N CJ N N N N ko JAFFA PLACE w n N' n N r! b b 1 1 tom. N ?! t? N N i N 2 N co BLVD.] 201 N H 103104 105 P05108 107 -" 107 1,11008 1D9 !DO 111 112 114 1 116 118 120 122 124 12G 12(1 30 f 1,32 +. 3 t, 'f 0 ?S gjmptR 134 s1 it" 11,' 136 r 3 l? wu`r 138 I F •ti 142 *i 144 2 10 1F i IN };, : ,144??? 1SD GO 154 116 15& say 1sa VAKIANUE HEUUE5T: 51UN5 NAME:- - Fo R `r u N E S Ar N Y, / -p1?_t_o N- -- SV+ PUBLIC HEARING DATE: SEPT sa 2 ATLAS PAGE :?QQA SEC: tig TWP: za S. RGE: E. CLEARWATER CITY COMMISSION i' i i 1 rv?outd ? ?? f sf 902 l .. , . ? i ' ,, •? ? . . . . .? .. ' ?f .?? ? ? i j l ?. j k £ J 1 ' ? i Icy S ? i . . ? - ' 3 ? 1? ' l . .. i ? \? ?? r S WIN till 9??3EAE?? Clearwater City Commission Agenda Cover Memorandum PUBLIC it - 1P. Meeting t 09 03 92 SUBJECT: a wmff .... Alcoholic Beverage Separation Distance Variance; 2170-2172 Nursery Road; L.M. I-oken (Owner); Monty's Pizza/Janet Lopeman (Applicant/Representative). (AB 92-14) RECOMMENDATION/MOTION: Approve variance of 250 ft. to permit alcoholic beverage sales establishment 50 ft. from a residential zone for Sec. 24129/15, M&B 41-02, 41-03, 41-04 and 41-05. ? and that the appropriate officials be authorized to execute some. BACKGROUND: The applicant is requesting an alcoholic beverage separation variance to allow expansion of an existing alcoholic beverage sales (2-COP) licensed establishment known as "Monty's Pizza." The distance separation variance is required because the subject property is located closer than 300 ft. of RM-20 and RM-28 zoning districts. The subject property is located at 2172 Nursery Road on the northwest corner of South Belcher Road. The applicant is proposing to increase the interior floor area of the subject property from 1,350 sq. ft. to 2,000 sq. ft. which will mean an increase in the number of seats from existing 54 seats to a total of 79 seats. The property is within the area currently zoned CC (Commercial Center) and CG (General Commercial). There will be no outdoor seating and no entertainment. No additional parking facilities will be required because the applicant will continue to share the existing 293 parking spaces at Imperial Square Shopping Center. Within the vicinity (300 ft.) of the use, only the Rite Aid #2021 establishment with a 2-APS alcoholic beverage license has been approved to sell beer and wine. IA Reviewed by: Originating Dept: osts: S NIA Commission Action: Legal N/A Planning and D n Tatpl Approved Budget N/A Purchasing NSA r S N/A 13 Approved w/conditions Risk Mgmt. N?N/ User Rcpt: Current Fiscal Yr. ? Denied cis ACM Folding Source: ? Continued to: Other ? Capital Imp. Advertised: ? Operating Attachments: Date: 08/24/92 ? Other Application Paper: Tampa Tribune Cond. Use Application ? i Not Required Draw ng; Map S ' Affe cted Parties ? None I t ® Notified Appropriation Code: C t er n ? Not Required f ? r co anted on recycled paper C.C. 913192 AB 92-14 Page 2 On August 18, 1992, the Planning and Zoning Board unanimously approved the associated conditional use permit for this request, subject to the following conditions: 11 This conditional use is based on the application for a conditional use and documents submitted by the applicant, including maps, plans, surveys, and other documents submitted in support of the applicant's request for a conditional use permit. Deviation from any of the above documents submitted in support of the request for a conditional use permit regarding the work to be done with regard to the site or any physical structure located on the site, will result in this conditional use permit being null and of no effect. 2) The requisite occupational license shall be obtained within 6 months from the date of this public hearing; 3) The sales of alcoholic beverages shall be ,limited to consumption on premises with no package sales; 4) There shall be no outdoor seating; 5) The applicant shall obtain approval from the City Commission for any requisite separation variance; and. 6) The sale of beer and wine for on premises consumption shall be prohibited after the hours of 11:00 P.M. 1'1L1 CrrY OP CIMARWAT11111 ???YI t• ?. % 03 CouditiotW Use Application- Alcoholic Itewage SSICS • 417.115 (Please Print or Type, Black ink Only) • 'PROPERTY OWNER'S NAME & ADDRESS; 'BUSINESS OWNER: (Attach Proof Per I mtructinos) (holder of Slate Uccase) t 1. 1 #92.57 %tIxj sraf-r=c-I • c, .:j Je r' "I' ?-)' F)r C I•,rzzri ?1-7CAJr_t,C -SIe.1 E,0. C:.« a. t. I??._.. Telephone: l %•3 ' c F `/ // 2,x- Telephone:- 530 -- 9 7 J 1 .• • REPRESEI?•ATTYE NAME & ADDRESS:, /ra nJ I V L e+/' a tYI J} +J ?S c r,?i ; S,Ti? f; t• 1171L?,??, iC t r?" 1 ?uf pestj 57: ['re?? f-f. . itll rr5" Telephone: ADDR1rSS OF PROPERTY: ? (Sub]ed of Request - 5 C. Pd' t".r LJ -/. ,j r,. ',%-4X -7 d--kj LA NAME OF =ABL. SHMENT TO BE LICENSED: _ r r cloY.7 _-5 ?l Z z rI LEGAL DESCRIPTION OF PROPERTY: z e? q I'l 5L- n7 f3 '-5 1 ?? 1 (Subject of Request) 15f el USE ZONING DLS7MCT• r- C. LAND Ic PLAN n ,... __ CLASSLrICATLGN: C'.. '% ?'•.. . PRESENT USE OF PROPERTY; _ e f 5 nti- UY e.'j 7 . x . .PROPOSBD?US-E` F.PROPEIL7Y:.; ?t s rya i.c SURROUNDING I:AM USES: -North %' ri r i'> [ si?Ic *Zt Soutb ir2i7>fe . ti J A•." 577'I East 5,110 FIArr, a r. rrrlt West__r4•1;rr r ALCOHOLIC BEVERAGE M On Premise Consumption LICENSE DESIGNATION: ce, (]Par-Lige Sues DO YOU PROPOSE TO PROVIDE ENTERTAIVMENT ON LJCENSED PMUSES7 If yes, describe 10r5 TYPE OF REQUEST (Cheek Applicable Box or B--): [ ] New license [ J Address Change Businem Ownctship Change [) Incense Designation Change [t? Expansion SI MERIOR OUTDOOR SEATS: FLOOR AREA. PAREING: LAND AREA SEATING AREW Existing Existing i75 D raft. Existing } Existing l ' s Existing Proposed •7.7 Proposed r%10; ca.ft, Propescd s Y r Proposed sn.ft. Proposed s .ft HOURS OF OPERA77ON: Weekdays 14*10 r4, n /4._LP ?. lj• Weekends /?'lU !s!r %? /f're) ALLOWAB APACM (Determined by Fue Marshal) Indoor Outdoor SIGNATURE OF FIRE MARS INFORMATION IN SUPPORT OF REQUEST _?1(f [J? trrhr (--OR REPRESENTATIVE OR BUSINESS OWNER) Before me, the undersigned authority, personally appeared being duly sworn, says under oath the matters and facts set out above are true d correct to belief. who and Sworn to and subscribed before me this eD 1 day of P AJJ , 19? r MOrARr ruatlc, stATr. or rl.nalOA. r + LCiI>,QJLC.?J MT COMMISSIOM 9XVIULS: MAIL 70. 1091. (Notary MU-1940 IMMY ma'.Mr ?ueuc Y..Otww?...M ?, Pub11^e) PLEASE NaM Apporadom m,s+s be al,b rind by tw:M t+Ioorr on desdtko dtle. "PFCPS". C?Whq t' t3=NESS- CN i 31. Altl]= nEPFIESDHATIWE rd= ATTEND 14EAn R IOR COND TiONAL USE Ai F'L.ICATUNS •,' MMUEMM CHAMM OF UUMNESS OWNERSIVP OF AN AGCOHOtJC WAM&= sALEs USt; THE NEW numNM QWNM On THAT OWNE3TO :. DULY ALIMORIM) Rt7'F MATNE SHAM ATTEND 7HE HEAnNa. '"LEASE COMPLY 1hRrH ALL WISFFIIJ=NS ON F%E%IEFW ME- OFMCLAL UST: ONLY FOP. Till, RECEIVED - VARIANCES REOUIRED - 1n CITY COMMISSION: •?4' ,rc} LOT JC.r+,nrr f's?+??'Enl 1L, :' a.CAn.: Hoar A) Vr?zl?ia4 • IV .1UZ 21' 16J394b07Ib SWN A1L tlGhIT tii001 ,, AFFIDAVIT .as nurser of the property located at ?2 1 7 do hereby authorizes to appear before the: r t--t lxvelopment Code Adjus'=1-Board (Variance) ?--~-? Planning & Zoning Board (Conditional Us-c) City Commission (Alcoholic Beverage Distance Variance, Sign Variances) to request approval of i l Before me personally app urzd, t2:1 4.0 ep Z12 who lying duly sworn, deposes and states the matters and facts set out herein are true and correct to the hest of his/her knowledge and belief, Signature of Person Muting /affidavit i Witness my hand and official seat this.-70 tiay of ? L1 e- A.D. 19 7 Z- t &-MARSHALL K. lUHF15INt RY pUSLtC-MINNESOTA DAKOTA COUNTY n Expims Feb. 23, 1994 NoV ry Public, Statc of Flericltz-ttit.i.arge /Q 1 .. I. My commission expires WP'?e tdvt. cd I F •r0 ") C /01 2J 0 F 00 - C a+z-7as 0 0 a o SHADED AREA DENOTES PROPERTY OUTSIDE CLEARWATER CITY' LIMITS ?- ?01'?paED ?cx?h U v? ? 1"1or1T'S'S ?? P12 ZA ?KPAnl-, rp,-? ?ft.lCUIDED 308A 3088 309A 316A 3168 317A ` MATCH SHEET 2W 150 100 50 0 100 . 200 1' - 200' SE 1 /4 OF SECTION 24- 29 S - 15 E DATE 041 i )CA LE HOUSE 3' 1 2? l?vtik' i .vii ? •'?1 i 41/02 ` a iiav 9 147 ? °C ?7Q ! 1111 92 34 1 •36 ?Wvll Aqnn 54A1-634 r, 2100 -?? l v 2100 - F 1 IMPERIAL GARLOIS 41/01 _Lll -20 a ? I _ 21DD - G I Q ? U O 2100 -j R;w iZ42-7513 4 in rn in {8 4 48 14 CLEMWAlTR •• •, •, •~ •• 41 /D 3 1460 x u r«r I ? ° a N a_ ` 41/02 1 ul Ru U) C C a ` 1+9Z I 0 4 0 n i ?Q I0 1 L SBI RG - PZA N r+9? Q El N 1+99 41/05 I ? I 20 0 ? n -4, -___ ?-^ 4 4 /04 a G ?T .I U L? -EIRE NAME:` LoPEL&A&o (MowrY'? Pr?zA) LoggEI-1 _ C' U #' X12-59 P&Z d??. r8???92 A B ? PUBLIC' HEARING DATES: CC. ATLAS PAGE 31G B SEC Zvi TWP 29 S RGE 15 E 14 Jl '?l 11 .1 O ? . 11126 ? r i r,7 o L l . - P i rl.1s-c S l .? - I 2-46 0 147d r+93_ g L III 3-7 ry -- - 1,1+1 1++3 F4 +b 1+47 I+19 A r+5r 1+53 T+55 t+sa r+6c 1+67 a 1469 1+71 U75 1477 1+a1 1 W n 3497-?58 3.3/03 ry n? 3 3i a kD w 5 w ?Z n N AB# 92-14 ALCOHOLIC BEVERAGE SALES: SEPARATION VARIANCE TRANSMITTAL. TRANSMIT TO: Cynthia Goudeau, City Clerk Phil Charnock, Earl Dussault, Steve Sarnoff; Zoning Review Steve Doherty, Zoning Section Supervisor Case Assignee MEETING DATE: *September 3, 1992 CAS0 AB 92-14 LEGAWADDRESSIL OCATIONISIZE: Sec. 24-29-15, 141&B 41-02, 41-03, 41-04 and 41-0512170-2172 Nursery Rd/300 ft. west of S Belcher Rd/5.71 Acres m.o.i. r OWNER/APPLICANT (BUSINESS)/REPRESENTATIVE: Loken/Monty's PimafLopeinan VARIANCE REQUEST: A variance request of 250 ft. to permit alcoholic beverage sales 50 ft. from a residential zone. CODE CITATION: 136.024(d)(1) DEVELOPMENT CODE REQUIREMENT: 300 ft. separation from a residential zone. FLORIDA LICENSE DESIGNATION: 2-COI' ZONINGILAND USE DESIGNATION: CC (Commercial Center) ... .................................................................. PLANNING AND ZONING BOARD MEETING DATE: August 18, 1992 CU 92-59 D.C.A.B. MEETING DATE: No variance required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . STAFF MEMBERS WISHING TO COMMENT MAY DO IN THE SPACE PROVIDED BELOW. (COMMENTS SHOULD BE RETURNED TO DEVELOPMENT ANALYST A MINIMUM OF FI_ FTEEK DAY PRIOR TO THE SCHEDULED CITY COMMISSION MEETING). .. M TRANSMITTED BY: Stephen C. Sarnoff DATE: August 11, 1992 abvt9214.scs *FOR REVIEW BY THE CITY COMMISSION 1 CITY OF C 1.F-ARWATIM ? ALCOI IOLIC BRVERAC P SALIIS - MINIMUM IMANCf: VARIANCI? APPLICATION (Please Print ar Type, Black Ilk Only) 'PROMIRTY OWNIIRS NAM8 ere ADDIMTS. 'REI'RLSENrATTVIIS (if any) NAMI AND ADDRESS: (Attadi Proof Per Instructions) L.r - ' _,•,?3L11a•t'_r_?.r?l?p?ru]a ? ?t?mT. I in 17 a1`- Stzr_L. f_ Q it 1-, 1.13 air LQn TELEPIIONr_ TELEMON13 1 ? NAME OF BUSINESS: , - ADDRF_5,S OF PROPERTY (Subject of Request): r `t' LEGAL DISCRIP`r1ON OF PROPERTY (Subject of ltcgnr-d;t): ! O e -Q /Z M ? 13 1 111,03 ? T ? ? e r1 r r ZONING DI5TRIC1, VARIANCE RI?QUM- (Describeffle SpeeiGcJAttach Additional 8 1R x 11 inch sheet if needed): Variance of 150 feet from minitnum distance requirement to allow alcoholic beverage sales within 54 rcet"' from 1}} (check one or more); Church, School, Nospilal,_j_ Residential Zone, Similarly Licenced 1 Alcoholic Beverage Establishment (COP License). Slate !leverage License Designation: 2 COP Holder or State License: ?SF 1 - Sl-??ft? _ - A CONDITIONAL USE APPLICAnON FOR ALCOHOLIC LILVERAGE i?LFS FOR T!!1S PROPERTY WAS 4 APPROVED BY THE PLANNING & ZONING BOARD ON t1 fr , l 8 !'} a. (DATE). OMER VARIANCES (CIIECK ONE): ARE NOT NECESSARY, OR WERE APPROVED BY THE # DEVELOPMENT CODE ADJUSrMENr HOARD ON (DATE?). 1 HAVE READ ORDINANCE 44M-87 AND SECTION 137.012, CODE OF ORDINANCES OP -n IV- CITY OF CLEARWATL+R. P +E.ASON FOR VARIANCE REOUI~+S1' - In order for the City Commission to make the determination prescribed by Ordinance 4430.87, lite following slatements MUST be completed: /1 1. There are special conditions or.circumstances applicable to rite property involvebecause-, 1-It ek w i, ell, r E ' ?J.> ?t"?la,tyl (i???f!(?, fi?rr?,?rr {!?srLrfv.?r'i Ll?1ILL? ?`?a oo 2. Such variance is necessary for (lie preservation and crtjaymcnt of ;t substantial property right possessed by og cr property ; in the same district under the terms of this ordinance and dented to the property in question because: Itifa??r•?' (??ctiU- ?tol? ??-)rtL ?e,+xr.sC rtrj (4crb 17ustrsr_•ss G.)tt 'Pf, t • rlv r 4 "!all [r{jJL 11t4['(.fTrCC t'flf.` /f CC 'n 4!r`'h 4.rCL it f£J71 '1n ?r7iylt11 (irirPri S, 3. The granting (of this variance *H1 not confer any special privilege denied o other lands, structures, or dwdllings in the same district and will not be injurious to the neighbarhood, or otherwise dctrimcntai to he puh11C Welfare because: i 41 ca SIGNATURE OF PROPERTY OWNER ("OR RF-PRL=SENTATTVI3): 'c Before me, the undersigned aulhorily, personally appeared 1 who being duly sworn, ; - says under oath the matters and facts set out above arc true and cnrrec[ to the est of h'Wher knowledge and belief. { Sworn to and subscribed betare me this - /5 t) day of A.U., 19 horARr rr]Rl.W. r.rnrF (or FL itfov r-' F1r C4MM1341oll U.FIKS: M411-20.192MG01011 C ({` P?.• -No InV?nY !'Y?11C IINf`IR MRIinI Notary PRb r 1 'PROPERTY OWNER OR REPRESENTATIVE MUST ATTEND HEARING. "Attach Powrr or Attorney or nntarired statement rrom owner aul.hori:nng representative - not applicable if reprcaculati-x is a practicing attorney acting on behalf of lire property owner(s). ` "'Attach prof of actual distance (See Land Development Code Sec. 136.024(d)(3) fu: method of mcasurcnp nl). ? .+ 5189 i . i? E t i 4 r' 1 M r ALCOIIOUC BEVERACI+' SALTIS MINIMUM DISTANCE VARIANCE APPLiCAVON Page 2 ?t I h•:rby Ik-Mu:n that I am applying for a variance for properly addressed as follows 'A_?." - A )IJ 4151! ±4 _ from the distaurt requirement to be heard by the City Commission, and tow, pull the application fee according to the current schedule of fern, which will be used to offset the costs to the city of Ciearwmc.t ft,, advcrtiring public hearing notices s and other expenses. This application Is bring Gird prior to a decision bciag rendered by the Planning and Zoning Board on a CoWitlo-ai Use request Far the same propmrty. By signing thin form I ant acknowledging that, should the Planning and t Zoning P.mrd ei'my Ile request for Conditional We, ur should th- Planning and Zoning hoard grant the request and the ? i decision I is appealed to the State Hearing Officer the variance application will be removed from the City Commission Agenda and the application (cc will pg be refunded. Also, should the Planning and Zoning Board continue a decision an the Conditional Use request necessitating additional advertising, I will bear the additional advertising costs. Furthermore, should the decision of the Planning and Zoning Board be appealed to the Stale Hearing Officer, I understand the variance application will be on hold pending the [tearing Officer's decision and, dependingon that decision, I will either bt. liable for additional advertising costs or will forfeit my application fee. 1 I IX A" A )Pficant's SiggvtUre ' Sworn to and subscribed before me this t:tZday of ,-v,5V•7?- A.D., 19-2.2 . Notary Ptl i?A*V rouW4 STAN Or nORWA ArWag MY COMMISSION 0,-An MAY 30, IMr aoNOEa fBAI) ttuanarrUY It ASSOCIAM . 1 VARIANCE INSTRUCTIONS Apnlication and Submission Rcquiren-al t. The application must be fully comp,'cterl, signed by the property owner (or a representative of the owacr), l and notarized. Any ap Hendon signed by a representative of the owner must be supplemented by a power of attorney or nolarixcd statement from the owner authorizing representative. Proof of property ownership must be attached for an application to be considered complete. Adequate proof shall consist of one of the following: a. A copy of the c;;ed. " b. A copy of title insurance. e. A letter from a practicing attorney confirming property ownership. 2. The application shat' be fded at the otlire of the Development Code Administrator. At the time of Olin& a fen Shall be paid at cording to the current schedulo of fem 1. Any supplementary information, euhibitr., plans or map-, which are to accompany and constitute part of the application must be submitted at the time, of filing of the Application. 't'welve (12) copies of all such documents if larger than g I/2 x 14 Inchaa, rh'Iii tit; furnished by the applicant for distributional purposes. I , i ei/ ! S (e 0 u ;/U20 no --c 30 t, 842--108 A t wnLL 41/02 x rev fnt 1476 iiaf ' r+v: U '" SHADED AREA DENOTES -14 w? - PROPERTY OUJ"SIDE N -Fj , a CL:ARWATER CITY' LIMITS 41 l5 r. f0d O.R. 3023'15 ?<'A!) vUrj • 84/03 44/02 44/01 J;__ - r60? f606 44/04 / ?SZZA L 3 5 ?./ 1860 44/05 4 2 .f ,{f ??• ? CL 3088 309A L6A:308:A 3168 317A MATCH SHEET 200 150 100 50 0 100 . 200 1" n 200' SE 1 /4 OF SECTION 24' -- 29 S --- 15"F- 14 ao 1 2 3 DALE 04/17 C 31 1 1G 7 1 0 b • 1200 SCALE HOUSL 3 Z 4 0 ?r ?f . r; J 1' 92 ' i; ? 3111 ' 3?''j 34 >3?F 36 i ugh. = a? °Y'F a Wo1F Agee 34P1^6438 2100 1 _ !u I._. _ 2100 _r 1 rv Il. PFRIAL CA14DEf15 a° 41fD1 M-2,01 c 2100 - C o a ?+ - 21 0 -AI1- M R/w la?z-za6 o a m of 0,190"W'. j 84 48 14 1460 4I U.5 Irr #444 Y I ?- ?V 4 I /0 4 1+41 v ? a IL [1. ' r 41 /02 a C C ;I 1492 0 ^I ? N I o R- [? If94 1 FET 1 200 r-,,.-- 41/05 149a C l J ?;1 I 47 [112! :JJMEsl i3? ?..............::;r• ,>?::............: NAME:' LL?oeg W tiS c? r/ .................... p12 2?. ? KE1?! c U! c7 2 :5-9- A 5 _ PUBLIC' WEARING' DATES:' CC ATLAS' PAGE' 3l SEC' Z'-I TW P' 29 S R G 1 Q t] R' n u, rv Ir7M1 1fJJ - OL I ? t +.T J ? 1+f1 r+fJ r+ra 14 47 14 19 1is$ f 1+3J !'? r 1455 1466 1+sa 1+67 q 1+69 1471 1475 r+77 1401 CO I, 1fJJ •..1N ? ???: ? I I' -• nI I u NUJ-C .. . . ? h . . 12-40 I I • r+aa- x ) W 3-7 i O?iS3 1 u ._J 1499 - -' ? •?.. I f ? n I _...___•„ 3197-?SB 3.3/03 ?N N l 3 J 3.i /O. a g ?t?• a7 . ? s r 9 ?A rEA E` Clearwater City Commission Agenda Cover Memom ndum t Mecti g Da _09/D/42 PUBLIC HEARING SUBJECT: Text Amendments to the Comprehensive Plan RECOMMENDATION/MOTION: Approve the proposed amendments to the Comprehensive Plan and adopt on second reading Ordinance No. 5181-92, as amended. ? arxi that the appropriate officials be authorized to execute same. BACKGROUND: Several text amendments to the Comprehensive Plan have been proposed to reflect changes which have occurred over the past year. First, increased development densities on Clearwater Beach have been recommended for consideration as an incentive for redevelopment by the Clearwater Beach Blue Ribbon Task Force. Second, the Downtown Development Plan has been moved up in schedule due to recent, unforeseen property acquisitions; this necessitates adjusting several project schedules within the Plan, as well as making some amendments associated with the Downtown Development District Comprehensive Plan classification. Third, clarification of the intent behind Policy 19.1.1 (relating to the Coastal Construction Control Line) has been developed by staff. Fourth, adjustments to the Capital Improvements Element are necessary to reflect the current City Capital Improvement Program. The Planning and Zoning Board, on February 18, 1992, recommended approval of the proposed amendments, by a vote of 7 to 0. The City Commission passed the attached ordinance on first reading on March 5, 1992. Subregional, regional and State reviewing agencies have completed their reviews and have indicated concerns with two of the proposed changes; these concerns, and recommended modifications to address these concerns, are discussed below. The following information is provided as a summary of each specific text amendment. The actual wording of each amendment is provided as an attachment. Reviewed by: iginating t: Costs: NA C uission Action: Legs! PLANNING Total Approved Budget N/A Purchasing NIA NIM"o 13 Approved w/conditions Risk Msmt. N/A user t: Current Fiscal Yr. ? Denied cis N/A ACM Funding Source: ? Continued to: Other N/A ? Capital imp. Advertised: 13 Operating Date: 08/03/92 El Other Proposed Text Amendments to Paper: TAMPA TRIBUNE the Comprehensive Plan E7 i Ordinance No 5181-82 Not Requ red . S t by. Affected Parties DCA Comments ? Notified Appropriation Code: 19 Not Required ? None Cii a a i? C.C. 09/03/92 Text Amendments to the Comprehensive Plan Page 2 A. AMENDMENTS TO OBJECTIVE 1.4. CONCERNING POPULATION DENSITY IN THE COASTAL ZONE. The proposed amendments to Objective 1.4 address the recommendation of the Clearwater Beach Blue Ribbon Task Force concerning density incentives for bringing structures into conformity with F.E.M.A. standards, City and state building codes, and local land development regulations, The State Department of Community Affairs (DCA) has raised a concern about our proposed new Policy 1.4.2. This policy was intended to allow the initiation of a study that would permit increased densities for redeveloped projects on Clearwater Beach. Despite discussions with DCA1 staff that included the following concessions from the City as a means to mitigate the additional density, DCA staff remains firmly opposed to any increase in density in the coastal high hazard area. Staff discussions with DCA included: ? Preparation of a hurricane evacuation study to determine if increased density,would lower evacuation times below an acceptable level. ? Preparation of an infrastructure study to determine if new infrastructure would be needed to accommodate increased density. ? Development of a strict requirement that redeveloped properties utilizing a density bonus would have to meet all flood protection requirements in the City code, including structure elevation and/or floodproofing. DCA staff did indicate that we could make provisions in our Land Development Code and Comprehensive Plan to "grandfather" existing densities. That is, underthis approach, redeveloped properties could maintain existing density levels even if those levels were nonconforming. To meet the State requirement of no net increase in density, the staff could look at existing densities on the beach and consider downzonings which would reflect existing "as-built" development densities, and then allow for some increase in densities .in other areas where redevelopment is more desirable. The staff could also make adjustments to the Comprehensive Plan and Land Development Code which would "grandfather" existing densities. Essentially, the State is indeed holding firm to its no net density policy. Although we can possibly increase the potential for some areas to be redeveloped at slightly higher density, it is unlikely that we will be able to achieve the amount of increased density which would provide an immediate incentive for wholesale redevelopment. Consequently, it will likely be impossible to fully implement the Clearwater Beach Blue Ribbon Task Force recommendation concerning increased density. To accommodate State concerns, the staff would suggest that the following phrase be added to the end of Policy 1.4.2: "; no redevelopment incentives shall be adopted which will result in a net increase in the densities established under Objective 1.4." B. AMENDMENT TO OBJECTIVE 2.1. CONCERNING NEW COMMUNITY REDEVELOPMENT DISTRICTS. This amendment is made to provide an additional year to consider other areas of the city as community redevelopment districts. The scheduling of the Downtown Development Plan has necessitated this change. C.C. 09/03/92 Text Amendments to the Comprehensive Plan Page 3 C. AMENDMENTS TO POLICIES 2.2.1 AND 2.2.2. CONCERNING THE DOWNTOWN DEVELOPMENT DISTRICT AND AN ECONOMIC DEVELOPMENT STRATE Y These amendments are proposed to adjust the timing of the Downtown Clearwater Community Redevelopment District changes and an overall economic development strategy consistent with the scheduling of the Downtown Development Plan. D. AMENDMENTS TO POLICY 3.2.1. CONCERNING INTERPRETATION OF THE LAND USE MAP. 1. The amendment to the Downtown Development District plan classification reflects changes to Downtown zoning associated with the Downtown Development Plan. Action on this item should be postponed due to postponement of the Downtown Plan. 2. The amendment to the discussion/description of the Conservation plan classification is intended to clarify current zoning districts/regulations included in the Conservation classification. The DCA has expressed a concern about the fact that no density or intensity standards are established for the Conservation category. This problem can be rectified by applying the proposed density/intensity standards developed for these districts as part of the Pinellas Planning Council Consistency Program. Since we are proposing to amend our Comprehensive Plan and Land Development Code in this manner anyway, making this adjustment is relatively simple. Staff would propose establishing a maximum floor area ratio of 0.1 in the AL districts and 0.25 in the OS/R district. E. AMENDMENT TO POLICY 19.1.1. CONCERNING DEVELOPMENT SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE (CCCU. This amendment is intended to clarify the intent of this policy - to insure that development does not occur seaward of the Coastal Construction Control Line (CCCL), except for public purposes or in the case of unique circumstances which warrant variances. Reference to development densities is deleted since the CCCL is a structure placement guideline, not a determinant of intensity of development. F. AMENDMENT TO OBJECTIVE 19.7. CONCERNING REDEVELOPMENT STRATEGIES ON CLEARWATER BEACH. This amendment is intended to bring the timing of the actions associated with this objective into conformance with the changes proposed for Objective 2.1 above. The scheduling of the Downtown Development Plan has necessitated this change. G. AMENDMENTS TO THE CAPITAL IMPROVEMENT ELEMENT CONCERNING PROJECTS TIMING AND FUNDING. The Capital Improvements Element (CIE) is reviewed and adopted annually prior to or concurrent with the review and adoption of the City's Capital Improvements Program (CIP). The CIE includes major projects identified as needed in the elements of the comprehensive plan and which have an estimated cost of more than $100,000. The purpose of the Capital Improvements Element is to help plan for and to better manage growth. Although the City of Clearwater has had a formal Capital Improvement Program since FY 1974-75, the state of local planning in Florida at that time was poor. Consequently, the State adopted the Local Government Comprehensive Planning and Land Development Regulation Act of 1975 (as amended) which required local governments to prepare and adopt comprehensive plans. Revisions of the Act in 1985 and 1986 require local governments to ensure that their comprehensive plans are consistent with the State Comprehensive Plan. ATTACHMENT PROPOSED TEXT AMENDMENTS TO THE COMPREHENSIVE PLAN The following amendments to the Comprehensive Plan indicate the precise wording being proposed. The capital letters on the left side of the page indicate the amendment as described in the preceding summary. A. 1.4. Objective - Population densities (included in the Coastal Management Element and the Future Land Use Map) in coastal areas are restricted to a maximum of twenty-eight (28) residential units or hotel/motel equivalent units per acre and shall be consistent with the Pinellas County Hurricane Evacuation Plan and the Regional Hurricane Evacuation Plan and shall be maintained or decreased. Policies 1.4.1, i idual (Requests for increased population density in the coastal zone shall specifically consider hurricane evacuation plans and capacities and shall only be approved if the proposed development will maintain evacuation times (pre- landfall clearance times) as specified by the Tampa Bay Regional Planning Council. 1.4.2. By 1992, an analysis of population density on Clearwater Beach shall be undertaken to determine the feasibility of providing density incentives--to incentives shall be adopted which will result_in_a net increase_in_the densities established under Objective_ 1.4._ B. 2.1. Objective - By 1993 1992, the City shall have designated one (1) additional area as a community redevelopment district. C. 2.2.1. By 1992 1993, the City shall review the boundaries of the downtown redevelopment district to determine whether boundary adjustments are needed. 2.2.2. By 1993 1992 Clearwater shall have an adopted economic development strategy to encourage the location of office headquarters jobs and related growth (finance, insurance and real estate offices and business-quality hotels), with emphasis on the U.S. 19/S.R. 60/McMullen-Booth Road/Drew St. regional activity center. D. 3.2.1. Land uses on the Comprehensive Land Use Plan Map shall be interpreted as follows: Plan Classification Zoning Districts Downtown Development District: The Urban Ceptet 9ewntowr- -Devel©pment Districts recognize.J the unique problems and opportunities of redeveloping the traditional urban core.4he-UC(B) is-pdeelpally a-pubiie tee -ate: heweyer t#eye f-e- erei-privately-owned-creels Weh--e"enfled-4er eentinued al -arse. The WG( --and-?G(EG) four subdistricts within thQ Urb.;2n. Q _t Anter " distric permit retail, office, hotel, governmental services, and business services in a high density compact urban environment. Ai ifA to-ere set in these zones. Development type and i to ensity Is _c.ontrolled through both local land h D w Qpyelvi)ment Pla n.- D I m i generally excaed,5_ lhat,pllgVQd_in Qtbgr zoning distjrlcts. * * * * * * * * * * * * * * * * * * * * * * Conservation: AL zones are aquatic land designations which are applied to areas which experience seasonal or periodic flooding or are seaward of the Coastal Construction Control Line. Permitted uses are limited to passive recreation and non-habitable improvements such as boardwalks, piers and cabanas. A M92simum Ne floor area ratios of 0.1 is erq set in Jbm this zones. privatp. i propgsed i r r i n !r r Am xi r ratio of 0.255 is Set for this district. Transfers of development rights in accordance with l opal rU_g!jlptJgns II iiiz i 'z 12rivaIg dgvelol2mgnt in area$ I n rv i n. E. 19.1.1. Except where explicitly ainromrd throijgh variaage? to?tate and local regulations. Plan. _dev_elopment shall not be permitted Deveiepment densities-shall net be assigned seaward of the Coastal Construction Control Line. F. 19.7. Objective - Potential small scale planninfa redevelopment areas have been determined to be Clearwater Beach/East Shore Drive (boundaries S.R. 60, Poinsettia Street, Baymont Avenue, and Clearwater Harbor), Clearwater Beach/Marina Area, Bayfront/N. Osceola, and Clearwater Beach/Mandalay Avenue, North (boundaries: Bay Esplanade, Poinsettia Avenue, Somerset Street, and the rear of properties fronting on Mandalay Avenue). By 1993 4-99 alanninn fedevelopment strategies, procedures, and programs for at least; two (2) of these areas shall be adopted. ,} E. 5 r MOTION TO AMEND ORDINANCE NO. 5181-92 Substitute the attached revised Exhibit A. NOTE: The changes recommended by the state and other reviewing agencies are shown in redlined print as follows: 1.4,2. Bv 1992, an analysis.of population density on Clearwater Beach shall i Conservation: AL zones are aquatic land designations which are applied to areas which experience seasonal or periodic flooding or are seaward of the Coastal Construction Control Line. Permitted uses are limited to passive recreation and non-habitable improvementsA such as boardwalks, .,tpiers ^Aand cabanas. AX7m<< f 1 oor area rat i a o 0.1 i s set i n 's #34=.z0t3es. The OS /R zonln district is the ublic and rivate 1•ands which are ro ose" to be retained as open space or recreational resources. .A$h a ;:i?}1aorA>'ara: set<<for::tiiis> district> Transfers of develo •m66tl ri d tits'•'in..accordance Wit oca regulations shall be utilized to minimize private development in areas classified as Conservation. K` = -4 i =i E ' i• ' i { 1 F It ' f. i F , } i i 3 ; f •. 1 I?. L'. r 7 6,? { r e S r• 1 5. ? ?S 4 1 ATTACHMENT PROPOSED TEXT AMENDMENTS TO THE COMPREHENSIVE PLAN The following amendments to the Comprehensive Plan indicate the precise wording being proposed. The capital letters on the left side of the page indicate the amendment as described in the preceding summary. A. 1.4. Objective - Population densities (included in the Coastal Management Element and the Future Land Use Map) in coastal areas are restricted to a maximum of twenty-eight (28) residential units or hotel/motel equivalent units per acre and shall be consistent with the Pinellas County Hurricane Evacuation Plan and the Regional Hurricane Evacuation Plan and shall be maintained or decreased. Policies 1.4.1. +nivid al (Requests for increased population density in the coastal zone shall specifically consider hurricane evacuation plans and capacities and shall only be approved if the proposed development will maintain evacuation times (pre- landfall clearance times) as specified by the Tampa Bay Regional Planning Council. 1,4.2, By 1992, an analysis gf , population density on Clearwater Beach shall be nd r ak n ermin h tea i ill of providing ensi in en iv s to promolp, r v l man in nformi wi h F.E.M.A. andards s a n local building pQdes, and local land developmenj r l i n n r v! m n inggntives shall be adore ed which will result in a net increase in. th,p densities gstablished!nder Objective 1.4. B. 2.1. Objective - By 1993 4-9192, the City shall have designated one (1) additional area as a community redevelopment district. C. 2,2.1. By 1992 4-949, the City shall review the boundaries of the downtown redevelopment district to determine whether boundary adjustments are needed. 2.2.2. By 1993 -1-99Z, Clearwater shall have an adopted economic development strategy to encourage the location of office headquarters jobs and related growth (finance, insurance and real estate offices and business-quality hotels), with emphasis on the U.S. 191S.R. 601MeMullen-Booth Road/Drew St. regional activity center. D. 3.2.1. Land uses on the Comprehensive Land Use Plan Map shall be interpreted as follows: Plan Classification Zoning-Districts EXHIBIT A i Downtown Development District: The Urban Center Downtown-Development Districts recognizes the unique problems and opportunities of redeveloping the traditional urban core .4hr,--UC-4RHs-pr-ineipally-"ublie use-zene--heweyer-,-Aher-e-a r-e-seaerel-pr-ivate) "wned-pareels-whiei--are-plonned-40f eet?t ted--esrnr?erelal-t?se: The NGJG}--end-UG1 E-G) four subdistricts within the Urban Qenter "base" district permit retail, office, hotel, governmental services, and business services in a high density compact urban environment. Ne4Ioor-efea-retie4mft-s-are-9e+ In-4hese--?_Qnes Development type _snd_intensi y is_Sontrpllgd_thrQijgh hQth Iggal land v l m n n h D wn wn D v l m n Ulan. Develo m n in en i generpily- exceeds that allowed-in other -zoning-distrigIs. * * * * * * * * * * * * * * * * * * * * * * Conservation: AL zones are aquatic land designations which are applied to areas which experience seasonal or periodic flooding or are seaward of the Coastal Construction Control Line. Permitted uses are limited to passive recreation and non-habitable improvements such as boardwalks, piers and cabanas. A m ximum No floor area ratios of 0.1 is eft set in these #h+s zones. Th L1S1R zoning did ric is the public and private fa_nd? which are proposed to be retained as open space gr regreationpi resources. A maximum floor area ,I for this district. Transfers of d_evelo ment_rights in acco-rdance with ratio of_Q,25 is sp local regulations_ghall be_utilize_d_to minimize_priva_te_ deyeloom-ent_in_ areas-classifie_d as Conservatfon. E. 19.1.1. Plan, development shall not be geunittesi Deveioprneat-densWeriss all-riot-be assigned seaward of the Coastal Construction Control Line. F. 19.7. Objective -Potential small scale nlannir3g fedeYeloprnent areas have been determined to be Clearwater Beach/East Shore Drive (boundaries S.R. 60, Poinsettia Street, Baymont Avenue, and Clearwater Harbor), Clearwater Beach/Marina Area, BayfrontfN. Osceola, and Clearwater Beach/Mandalay Avenue, North (boundaries: Bay Esplanade, Poinsettia Avenue, Somerset Street, and the rear of properties fronting on Mandalay Avenue). By 1993 4x34-, planning fedevelopment strategies, procedures, and programs for at least two (2) of these areas shall be adopted. ORDINANCE NO. 5181-92 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMPREHENSIVE PLAN OF THE CITY AS ADOPTED ON NOVEMBER 15, 1989, INCLUDING AMENDMENTS TO THE FUTURE LAND USE, COASTAL ZONE MANAGEMENT, AND CAPITAL IMPROVEMENTS ELEMENTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act empowers and requires the Citj Commission of the City of Clearwater to plan for the future development and growth of the city, and to adopt and amend from time to time acomprehensive plan, including elements and portions thereof, to guide the future growth and development of the city; and WHEREAS, amendments to the comprehensive plan of the city have been prepared in accordance with all applicable requirements of law, after the performance of necessary studies and surveys, the collection of appropriate data, and public participation through numerous pubic hearings, the dissemination of proposals and alternatives, opportunity for written comments, open discussion, and the consideration of public and official comments; and WHEREAS, the Clearwater Planning and Zoning Board, serving as the designated Local Planning Agency for the city, has held public hearings on the proposed amendments and has recommended adoption of the proposed amendments to the following elements of the Comprehensive Plan: Future Land Use, Coastal Zone: Management, and Capital Improvements; and WHEREAS, the proposed amendments have been transmitted to the Florida Department of Community Affairs for review and comment, and the objections, recommendations and comments received from the Florida Department of Community Affairs have been considered by the City Commission, together with all comments from local and regional agencies and other persons, in preparing the final draft of the amendments; and WHEREAS, the City Commission finds it necessary, desirable, and proper to adopt the amendments to the goals and policies of the Comprehensive Plan in order to clarify ambiguous statements, reflect changing conditions in current and future funding; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section I. Purpose and Intent. This ordinance is adopted to carry out the purpose and intent of, and to exercise the authority granted pursuant to, the Local Government Comprehensive Planning and Land Development Regulation Act, and t { 6 f more generally to exercise the authority granted pursuant to the Florida Constitution and the Charter amendments as adopted by this ordinance are declared to be the minimum requirements of the City of Clearwater. The provisions of this ordinance and the comprehensive plan necessary to accomplish the purpose, intent and objectives as set forth herein and the comprehensive plan as adopted on November 16, 1989. Section 2. Amendments to the Adopted Plan._ The amendments to the Comprehensive Plan of the City of Clearwater, Florida, as set forth in Exhibit A attached to the original of this ordinance, are hereby adopted. Section 3. Severability. If any provision of this ordinance or of the comprehensive plan or amendments as adopted by this ordinance should ever be adjudicated invalid for any reason, such provision shall be deemed severable from the remaining provisions of this ordinance and the comprehensive plan and amendments to the extent that'?the remaining provisions may independently be valid and enforceable. Section 4. Effective Date. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING March 5, 1992 PASSED ON SECOND AND FINAL. READING AND ADOPTED ? i Attest: 1 Cynthia E. Gou eau City Clerk Approved as o form nd correctness: A I ?V City Attorney Rita Garvey M. A. Lid Ipr[37tn, ff Mayor-Commissioner 11 2 i r s i. a: 4 ATTACHMENT PROPOSED TEXT AMENDMENTS TO THE COMPREHENSIVE PLAN sThe following amendments to the comprehensive Plan indicate the precise wording being proposed. The capital letters on the left side of the page indicate the amendment as described in the preceding summary. A. 1.4. objective -- Population densities (included in the coastal Management Element and the Future Land Use Map) in coastal areas are restricted to a maximum of twenty--eight (28) residential units or hotel/motel equivalent units per acre and shall be consistent with the Pinellas County Hurricane Evacuation Plan and the Regional Hurricane Evacuation Plan and shall be maintained or decreased. Policies 1.4.1. 3-ndi y dua r-Requests for increased population density in the coastal zone shall specifically consider hurricane evacuation plans and capacities and shall only be approved if the proposed development will maintain evacuation times (pre- landfall clearance times) as specified by the Tampa Bay Regional Planning Council. x..4.2_ B. 2.1. objective - By 1993 39-9-Z, the City shall have designated one (Z) additional area as a community redevelopment district. C. 2.2.1. By 1992 3993, the City shall review the boundaries of the downtown redevelopment district to determine whether boundary adjustments are needed. 2.2.2. By 1993 1992, Clearwater shall have an adopted economic development strategy to encourage the location of office headquarters jobs and related growth (finance, insurance and real estate offices and business--quality hotels), with emphasis on the U.S. 19/S.R. 60/McMullen-Booth Road/Drew St. regional activity center. D. 3.2.1. Land uses on the Comprehensive Land Use Plan Map shall be interpreted as follows: Plan Classification Zoning Districts Downtown Development District: The Urban Center P,ownt-a?rn-be*npm?nt Districts recognizea the unique problems and opportunities of redeveloping the traditional urbra.ncore.-t4ye-44 tv-yp tie-i-ptan?41-Y a y use *onej- hoieTe-+, ?r-hL?-Ly a i r -°T?1 3 L Lit `Q1737L Mir~ ilS irirM a-e-p?ar?n--€or--t?o-rued--ecamm?r-e-ruse- The--{--rd--U£-{-£)- €our subdistricts within the Urban Center "base" district permit retail, office, hotel, governmental services, and business services in a high density compact urban environment. x'r- .,-r-at-3?;-zzt?-r-e-se-rr-t-hiss-,nes Development tyre and conservation: AL zones are aquatic land designations which are applied to areas which experience seasonal or periodic flooding or are seaward of the Coastal Construction Control. Line. Permitted uses are limited to passive recreation and non-habitable improvements r such as boardwalks, piers and cabanas. No floor area ratios are i set in thes this zones. The OSIR -zoning district is the public and -private lands wh:Fch are _12roposed to be retained -as -open space-or ec eational resources. -No floor area ratio is-set for E. 19.1.]. Control, Line. *ed seaward of the Coastal Construction F. 3.9.7. objective - Potential small_ scale planning r-ed-evel-opmeilt areas have been determined to be Clearwater Beach/East Shore Drive (boundaries S.R. 60, Poinsettia Street, Baymont Avenue, and Clearwater Harbor), Clearwater Beach/Marina Area, Bayfront/N. Osceola, and Clearwater Beach/Mandalay Avenue, North (boundaries: Bay Esplanade, Poinsettia Avenue, Somerset Street, and the rear of properties fronting on Mandalay Avenue). By 1993 1991" Manning r-ec3 e-l-cpmen strategies, procedures, and programs for at least two (2) of these areas shall be adopted. -2w STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2740 CENTERVIEW DRIVE; • TALLAHASSEE, FLORIDA 32399-2100 LAWTON CHttLS LINDA LOOMIS SHELLEY Governor Secretary July 10, 1992 The Honorable Rita Garvey Mayor of Clearwater City of Clearwater Post Office Box 4748 Clearwater, Florida 34618--4748 Dear Mayor Garvey: The Department has completed its review Comprehensive Plan Amendment for the City of 92-1), which was submitted on April 6, 1992. posed amendment have been distributed to app regional and local agencies for their review are enclosed. of the proposed Clearwater (DCA No. Copies of the pro- ropriate state, and their comments I am enclosing the Department's objections, Recommendations and Comments Report, issued pursuant to Rule 9J-11.010, Florida Administrative Code. Upon receipt of this letter, the City of Clearwater has 64 days in which to adopt, adopt with changes, or determine that the City will not adopt the proposed amendment. The process for adoption of local comprehensive plan amendments is outlined in s.163.3184, Florida Statutes, and Rule 9J-11.011, Florida Administrative Code. Among the issues identified in the report are the lack of established standards for density/intensity of use within the Conservation land use category and the potential for increased population density within the Clearwater Beach coastal high hazard area. It is very important that the adopted plan amendment address these issues, and all the objections in the Department's ORC Report. Please contact me if any staff can be of assistance as you formulate your responses to this Report. Within ten working days of the date of adoption, the City of Clearwater must submit the following to the Department: Five copies of the adopted comprehensive plan amendments; EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT r 1? t i K i I l i i s I The Honorable Rita Garvey July 10, 1992 Page Two A copy of the adoption•ordinance; 4 A listing of additional changes not previously reviewed; A listing of findings by the local governing body, if any, which were not included'in the ordinance; and A statement indicating the relationship of the additional changes to the Department's objections, Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct the compliance review, make a compliance determination and issue the appropriate notice of intent. As a deviation-from the current rule requirement above, you are requested to provide one of the five copies of the adopted amendment directly to the Executive Director of the Tampa Say Regional Planning Council to be consistent with recent legisl- ation. The regional planning councils have been asked to review adopted amendments to determine local comprehensive plan consi- stency with the Comprehensive Regional. Policy Plan. Your cooper- ation in this matter is appreciated. (The Department will be promulgating a rule revision in the rear future to implement the new legislation.) ' if you have any questions, please contact Maria Abadal, Plan Review Administrator, Dale Eacker, Community Program Administrator, or Harry Schmertmann, Planner IV, at (904) 487--4545. } sincerely, Robert Pennock, Chief j Bureau of Local Planning RP/hsw Enclosures: Objections, Recommendations and Comments Report Review Agency Comments t cc: Julia Greene, Executive Director, Tampa Bay Regional' Planning Council Jim Polatty, Director of Planning and Development . ., f -. r .. ,. r ii ? ??.?, INTRODUCTION The following objections, recommendations and comments are based upon the Department's review of the City of Clearwater proposed amendment to their comprehensive plan pursuant to s.163.3184, F.B. Objections relate to specific requirements of relevant portions of Chapter 9a-51 Florida Administrative Code, and Chapter 163, Part 11, F.S. Each objection includes a recommend- ation of one approach that might be taken to address the cited objection. other approaches may be more suitable in specific situations. Some of these objections may have initially been raised by one of the other external review agencies. if there is a difference between the Department's objection and the external agency advisory objection or comment, the Department's objection ` would take precedence. Each of these objections must be addressed by the local government and corrected when the amendment is resubmitted for our compliance review. objections which are not addressed may result in a determination that the amendment is not in compli- ance. The Department may have raised an objection regarding missing data and analysis items which the local government considers not applicable to its amendment. If that is the case, a statement justifying its non-applicability pursuant to Rule 9J- 5.002(4), F.A.C.', must be submitted. The Department will make a determination on the non-applicability of the requirement, and if the justification is sufficient, the objection will be considered addressed. The comments which follow the objections and recommendations section are advisory in nature. Comments will not form bases of a determination of non-compliance. They are included to call attention to items raised by our reviewers. The comments can be substantive, concerning planning principles, methodology or i logic, as well as editorial in nature dealing with grammar, organization, mapping, and reader comprehension. Appended to the back of the Department's report are the comment letters from the other state review agencies and other agencies, organizations and individuals. These comments are advisory to the Department and may not form bases of Departmental objections unless they appear under the "Objections" heading in this report. f ` 'i1f J? • . r ' j OBJECTIONS, RECOMMENDATIONS AND COMMENTS City of Clearwater Amendment 92-1 FUTURE- LANDUSE AND COASTAL MANAGEMENT ELEMENTS A. OBJECTIONS 1. Revised FLUE Policy 3.2.1., which further defines subzones AL and OS/R within the Conservation land use category, also states that no floor area ratios are i established for these zones. Therefore, the plan does not establish standards for density/intensity of use for lands within the Conservation land use category. Such standards are required to be established for each future land use category. (9J-5.006(3)(c)7.) Recommendation Revise FLUE Policy 3.2.1. to include standards for density/intensity 'of use (e.g., maximum floor area ratios) for lands within the Conservation land use category. B. COW4ENTS 1. New Policy 1.4.2. calls for the analysis of population density on Clearwater Beach to determine the feasibility of providing density incentives to promote redevelopment in conformance with F.E.M.A. standards and other applicable state and local regulations. Although not specifically stated, the policy implies the use of density bonuses and thus the potential for increasing the overall density of development in this high hazard coastal area. It is not clear that the City will assure that currently allowed densities on Clearwate= Beach are maintained in accordance with plan objectives and policies'which specifically address this issue. ( FLUE Policy 2.1,1., CME Objective 21.4, and CME Policies 21.4.1. and 21.5.2.) { t i r In specific areas where redevelopment is desirable and density bonuses,are needed to make a project economically feasible,.the City should offset any density increase by j an equivalent density reduction. Maximum density would be 28 du./ac, as specified in the plan. in instances where the existing density on a parcel of land proposed for redevelopment exceeds the above maximum, the parcel may be redeveloped at the existing density if the proposed redevelopment does not result in an overall density increase within the.Clearwater Beach area. L. F- t t- JOHNSON. BLAKELY, POPE, BOKOR, RUPPEL & BURNS, R A. ATTORNEYS AND COUNSELLORS AT LAW RE7 E. D. ARMSTRONG 111. BARBARA A. BACCARI BRUCE W. BARNES JOHN T. BLAKELY BRUCE H. 130KOR GUY M. BIJRNS MICHAEL T. CRONIN ELIZABETH J. DANIELS LISA B. DODGE 13RIAN B. EVANS MARION HALE REBECCA HENSON HUDOBA SCOTT C. ILUENFRITZ FRANK R. JAKES TIMOTHY A, JOHNSON, JR. SHARON E. KRICK JOHN R. LAWSON JAMES G. LEWM MICHAEL G. LITTLE MARIA MAISTRELLIS MICHAEL C. MARKHAM DANIEL L MOODY DAVID J. OTTiNGER F. WALLACE POPE, JR. DARRYL R. RICHARDS DENNIS G. RUPPEL' CHARLES A. SAMARKOS # IQ Lb JOHN A.SCHAEFER CHARLES M,TATELBAUM GLEE A. TRIPLETT JOAN M. VECCHIOU MICHAEL T, WILLIAMS ANTHONY P. ZINGS • or COUHSEI. PLEASE REPLY TO CLEARWATER TTO2.88099 August 27, 1992 VIA FACSIMILE Mr. James Polatty ?Planning and Development Director -? City of Clearwater p?K 10 S. Missouri Avenue ?C-?l r? ry Clearwater, FL 34616 Mp\J-e,_a -, Re: Case No. Z92-07 Applicant: Frank C. Kunnen, Jr. Dear Mr. Polatty: Our firm has been retained by Mr, Frank C. Kunnen,, Jr. to assist him in completing the rezoning application process for the above referenced zoning case. Based upon the "Action Agenda" for the Tuesday, August 4, 1992, Planning and Zoning Board meeting and discussions with both Mr. Kunnen and your staff, I suspect there may be a misunderstanding on the interpretation of certain conditions which should be resolved prior to the matter being heard by the City Commission. In order to insure that the conditions are properly presented, I would like the opportunity to review the Planning and Zoning Board meeting minutes, which are not yet available, and to meet with you and/or your staff. . Therefore, and on behalf of Mr. Kunnen, I would respectfully request a continuance of the Clearwater City Commission meeting from September 3, 1992, to September 17, 1992. The additional two weeks will allow your staff the opportunity to complete the meeting rinutes and allow us the opportunity to meet and insure there is no misunderstanding as to the intent of the conditions. If for some reason this request for a two week continuance is not acceptable, I would appreciate you call me at your earliest convenience. EJD:DHM:mme cc: City Clerk (via facsimile)VII, Mr. Frank C. Kunnen, Jr. 911/DHM/11022MEL1 CUFARWATER O MI! , 911 CHESTNUT STREET POST OFFICE BOX 136a CLEARWATER. FLORIDA 84617.1368 TELEPHONE WtM 461•IB1B TELECOP1ER 19t31 441-0617 Very truly yours, Eli`2abeth J. Daniels 01 AU G 2 8 1992 CrTY CLERK DEPT, TAMPA UFFICE 201 E. KENNEDY BOULEVARD POST OFFICE BOX 1100 TAMPA, -FLORIDA 33601.1 100 TELEPHONE I1313) 22552500 TELECOPIER 18191 223.71 W t t i. ¦ 9 } 3 OLD INI g ID 51 S- 1 E OF THE CITY OF CLEAtRWATER, FLORIDA, Atl AllE11D1 4RDlINAtiNCE FUTURE LARD USE PLAIT ELE14EIlT OF THE COMPREHENSIVE PLAT OF THE CITY, TO CIIANGE T11E LAND USE DESIGNATION FOR CERTAIN REAL PROPCRTY LOCATED Ott THE NEST SIDE OF t4cmULLEN-UOOTkI ROAD, NORTN OF TlIE ' COUIITRYSIDE SPORTS CMPLER, FR(Nd UNCLASSIFIED TO PUBLIC15E141-PUBLIC; PROVIB11IG All EFFECTIVE DALE. future land use plan element of the fIIEREAS, the amendment to the ; contpreltensive plan of the city as set forth in tllis ordinance "is found to be i reasonable, proper and aPPrepriate, and ill cnmPlance with Florida law; new, therefore, € BE 1T DRDAIt[EO BY THE CITY Cot'Y'115510N OF THE CITY OF CLEARWATER, FLORIDA: ?.; Sect nn The €t?ture land use Pian element of the comprehensive plan of i tite City of Clearwater is amended by changing the laud use category ror Itercinafter described property as fOilnws: i L 11? se Cal_en oet ?' From: Unclassifled See Exhibit A attached hereto. 1..: (L.U.P. 91-11) To: Public/Semi-Public lac 'n 7. The City Conmission does hereby certify that this ordinance is n consistent with the City's comprehensive plan. s ect ufy3. This ordinance shall take effect Immediately upon adoption, ,.' contingent upon and sub,?ect to the adoption of Ordinance In. 5137-9i, and suhiect J thu nullas County Board of Pi to the Approval of the land use des inflation by County COnmissioners. 1191 October 17, PASSVD on riR51 11EAD11iG PASSED READI IGAIIhCAO01110)11 FINAL O t a arvey I•fayor-Couniiss loner ' Attest: Ly tliTa??,l`411'ieau ?- :4 City Clark Approved as to form and Correctness% City Attorney f t 1 , i, y ., Y :c 1. Oa 21 Tawnship. ' V 4 of Section . . of Li+e Ilorthwest 11 ?,... , A portion . e 16 East: 14 of 20 Smith, rant} of Lilo Southwest 1 . .. `• carne r +ip 20 South, Commence of file 5atttotfa 5ectiou 21 Tawnsithe East }1ne 1/4 °, pN N along 1 4 of said r ;.;.. ti+e 11ortitwest thence It 00 01+e Itorthwest /I 16 East. 4 of of MtM}len-p0otlt {tango i of the Southwest also live can 2.4135% N alon9'tije Souti+ section 21, Laing Cite Soutt+feet feet; ll+onte it B9°24 50.00 ki+ 112 of t ion 2l Roa?,Of 333.the70 {turti rthwes 112 of ti+e 50U Of Lite llot 114 of said $ IOU , N; 1 in line of I?tMu i fen 89 24t? 35oad 114 Vest right-of -way lhencc continue 0 feat titance to Lite BCG1111;;IIGOp 02 " 293. 00. oral}el l0 the 1'011IT 0f ' `50 H. and p 1 :" y ; 615.04 feet; thence II outitarly of 00 f eet s ti+e southwest 114 of ::. . , s 89°26 26 E, 40.tio South 112 of 615.00 feet to tite Lite Iturli+ }ina of said SecLlon2l ootlt Rnadi thence i ti tile ftorthwest 114 late of 1•Tclluil,n' line .r.,t vest. rig ilt" alnt+0 tic hest righ to of-way cy 40111T' Of feet 0o°02 a0" 293.75 !} 00th Road, feet thereof . j Mc1.1u1}en-R tie East 50 ,, .?.. , . 0EG I gt1111G' less .. - ' `rte a F + '. .. tile Eas ' 1:X11SlSI'P A H ' is 4`? i,k° ` L ?o s !- W '1 11 YI'`w '? 11;1 N 111 I Y1 i I :t t I 1 fI ? ? r' .f??ly IUSITIE 1ltrUOKE ea'a R S G i I I K JIMl ? r I I {' I f, I'1 7 s ,.17111 B 12 0 0 K L mod .Io?,'•= [ it , ?? i?i! ?: ISl 1f?.1 E['• 't" ? `711 t . r ? '? r r 1 I. j l r I h I? ? i t ;?If' 23107 i4 4 t pill .? -s t I 1.IS ? i ? Ma" l .]!1: ? ? ? ? ?? •, r I ii 11 ff, rill 111 IB1fi111'lifutilfull liill[lliunlilllirl7? I• I I •111 1 ' - 1 ii r I IC Ic 0 -0 _ K zollluo'A-H 3166 f' 1111 ?t i I uftl Ir?t?ri alnllrlmlululnllminlr ?n?ul ?I III ru1? 1`' r{ a x - r Id 7 - ii 7' ; t I Yi 1 i, (D 'k? h1 , 7 I [ J C Sl NH ?' t1 {I!r r. P/S z3ilf i f 1 :: r 1 .:iE]r•7?1r?11 . 1?,??(((??'y?,1S11 1 i(l t [A I1S'?F it f ?'! •::k? ll? l loll. ..L.3; I' 3 ?Y 'lf,G?l `?II I`f ??3 11?j I i '1 ??J•L{ L•?ff w' u d >w i ? u ? s ? >t s -n u e ? ? t ?JfI !'((}J?? J ?. r + g, fi! HT, ''rlrf r n R1.e11 PROPOSED ANNEXATION LAND USE PLAN AMENDMENT and ZONING owr+crt GETI.IEI_ LUTI(CRI-) Clh.,nall Agl - IQ T LUPgI_II AI'f'LICAfii PIIpPC1iTY bE3l;C{ltl'"IIO11 LAND USE PLAN ZONING Iyl Q G 2? oq LESS E 5- r'nuli UttiC:_l: :11' I?-I7 cuurl7+' 1d'l' i Acn[s f Tn }111 T_IC SG. 1'l t- {trctri o? wA+ I r lJ :'3 1.1 ?7•' S4?' ? i31 ?cnEs -- - ----- PLAMMICi slid :01117111 n17Alt@ CITY COMMISa1011 SECT1011 ^ I iOwli:illlE -7E 5 ItAliOE IIS C ATLAS PAar I Q C '=. O S1nvia Fs,:ill. LS'lilll'MESS V 3 VACAIIT CII:C11[SI1C11 i N c' i? o' t^ ? I• . l' ;i t is i, 3 3 r 3 j I , 'r 4 t i 1 D DINitNCE 1rD=_?1?2-?1 • All ORDiIIANCE OF THE CITY OF CLEARIIATER, FLORIDA, AMENDING THE ZONIIIG ATLAS OF THE CITY BY ZOIIIIIG CERTAIII REAL PROPERTY LOCATED Off THE WEST SIDE OF Mcl,111LLER-BOO111 ROAD, NORTH OF THE COUNTRYSIDE SPORTS COMPLEX, AS DESCRIBED MORE PART ICULARLY IIEREIfI,'UPOH ANflEXATIOir INTO THE CITY OF'CLEARWATER, AS PUBLICISEMI -PUBLIC (PISI'), PROVIDING All EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set fart ti in this ordinance 15 found to be reasonable, proper and appropriate, and In compliance with Florida law; now, therefore, BE IT ORDAINED BY THE CITY COftt•IISSIOII OF WE CITY OF f? - CLEARMATEN, FLORIDA: Section 1. Jha following described property located In Pinellas County, Florida, is hereby zoned as Indicated upon annexation 111Lo the City of - t Clearwater, and the zoning atlas of the City is amended, as follows: P1nl?C?Y nr lul District k See Exhibit A attached hereta, P/SP - PnbliclSemi-public (A 91-1D) j Sect on , The City Commission does hereby certify that this ordinance Is consistent with the City's comprehensive plan, F, >,l ?kctia : The Pldnniug and Development Director is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Sec on . This ordinance shall take effect immediately upon adoption, ,.• . a. contingent upon and subject to the adoption of Ordinance He. 5117-91 and subject to approval of the land use category set forth f:n Ordinance Ito. 5138-91 by the Pinellas County Board of County Commissioners. " PASSED Olt FIRST READING October 17, 1991 PASSED Oft SECOND AND FINAL READIIIG A111) ADO PIED a? Rita Garvey tfayor-Commissioner Attest; yn : a on: eau ,;? City Clerk Approved as to form and correctness: A. Gd1firaith, City Attorney 011 t i A portion of the Northwest 114 of Section 21, Township ' 20 South, range 16 East. :1. Commence at the Southeast corner of the Southwest 1/4 of the Northwest 114 of Section-21, Township 28 South, r . - Range 16 East; thence N 00002150" H along the East Iine :. of the Southwest 1/4 of, the Northwest 1/4 of said Section 21, being also the centerline of McMullen-Oooth Road, 333,78 feet; thence 11 89.24'35" N along the South line of the North 1/2 of the South 1/2 of the Southwest . f , 114 of the Northwest 1/4 of said Section 21;'50 00 feet . to the Hest right-of-way line of McMulle B h d n- oot Roa , the POINT OF BEGINNING; thence continue 11 89024135" N , 615.00 feet; thence 11 00002150" N, 293.04 feet;.thence ° ' " ' ' S 89 26 26 E, 40.00 feet southerly of and parallel to 1 + the North line of the Sotith 1/2 of the Southwest 1/4 of a the Northwest 1/4 of said Section 21, 615.00 feet to the 1 Wot right-of-way line of McMullen-8aotlt Road; thence 5 00602150' E along the West right-of-way line of McMullen-Booth Road, 293.75 feet to the POINT OF BEGINNING, less the East 50 feet thereof . CX1111111' li ti' `° I P F? ?i '1' l! It 'I iullpC uilonKE ,,?,? 11 It c) n 1' Rt I LL K? d'a K a x tm x'u ru F- x ur - 14 = 4,9 44 N to- nar Ia1[. I tl7t-Itn[ ?lil ???????x?1?f t '- UJ-, y141 ,) PROPOSED ANNEXATION LAND USE PLAN AMEFIDMENT and ZONING DW 11Hit A qI - 1() SUP Lll- i I .?1n•1.1GA11? ? ??t'l l i~l.. 1_u -rtl?ri la cl1 u li r. t-I PROPERTY DESCRIPTION LA11D USE PLAN 'ZON111G g T,3:• oq ,-ESS E EO 1-r- 1 11'O1A %J I.; CLr a5 I1'Ir D cORr11'l A-E.. ACRES I t9 }3 Llbl_1? !E?.tl- R1c117 OR wA1 r ?J t? L.1 ?:. ?: St]. ? I .enes Ir 1.Inul• Vaml$-, ll=llll Cfll[l-:atl Y a VA"Arl I ?. 11:?1111I14fi 'f li m I;k 0)4? ORDINANCE' 110. 5169-92 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF DREW STREET AND HAMPTON ROAD, KNOWN AS ISLAND IN THE SUN MOBILE 11014E PARK, INTO Ti{E CORPORATE LIMITS OF TiiE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: The Northwest 1/4 of the Northeast 1/4 of Section 17, Township 29 South, Range 16 East, Pinellas County, Florida; less and except the South 25 feet of the East 858.14 feet, and less that portion currently lying within the city limits of Clearwater. Section 2. The City Conmissiort does hereby certify that this ordinance is consistent with the City's 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 Director are directed to include and show the property described herein upon the official neaps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and correctness: . M. A. Gal ray -I j City Attorney March 5, 1992 ilita Garvey Mayor-Commissioner Attest: Cynthia E. Gou eau p, City Clerk i MPR RM V S IFt?7 R R Mm I a_'62 113G3 l x'64 PrSp ? SC RM cG Al _0S ` sa ro. asfrlrl DRrw 1 :a rb ss7s-y ?tttl,?Itl?nlrlnnlllllllunix?Irm111ilibnllltllll71 inTrIlmnrlmir ?ItnltLltt ?li? ?rml? X , 3 Yl ,n Vl h I In h vt ?1 ••r .r r V N h N h N I N N 1 P N f N N N N N NI N N N N [? I N II N N N N N ? n ^r n r bn ?+ n v o N 21 N i N r` n P. t, n rv a 92 • m n) 741 22@ N N N N I N I / ???. ! f ?1! --? r II rl N o rn rc1 r• u. v1 w1l //[?/ 213 T (( I 1n L ?.ln n n n n rv N rv1 12 221 ?ifilNl Ab ii Fiil 241?rr{?231 f f 251 r 1=1 (!; ,n .n rr ru a n r+ n ??, i,l 1 F. a o m a r. n n o,np C;67 c? p t s n N N r+ N rs n rl n n rS ,,` 40 ` 232 A 6B "" /239 .? 233 -- r I ?:69 n '? '? ^ r? n n n ? n / 238'0.2 1?{ / 2Sp ` ? 2?? 1 I.` 2]' 211 n N N 4 0 21. i r y;+110kR0 I 237 10 236 Yr11SDK'!?FlD /~ 2L= a{ 105 106 119 14-4 157 158 20 r 1 2 8 11 67? 6g 7 12 ?/ 41 104 107 12G 143 15G 159 20? 12/01 3 y 65 ?;? 70`7? INw S3 Y G, 711" 1D3 1D8 .r 121 142 1531160 20? 1.I 14 /6?. 71' 1L2 109 122 141 1541161 20 n 1..? ?? 44 ??/<j? 101110 123 140 !S3 15•x` 23 22 21 2D 19 1a 17 1J 6, 73 d aS 162 x=24 AAi 1G 1 b ?2i?7{ 101 111 124 iJ9 152 16S 191 u /? ' ?A ' C) G L! 43 41 45 46 + 47 6' l 7? 66 ga 1_12 ? 125 136 151 164 `r tg V :,_Zfi 42 4? 6076 84 67 Ga 113 126 137 1`,0 lES V) 19t? ? ?/• ;' c 5= 27 41 49 5g ?77 a0 77 114 127 136 149 16G ? M rA) i '` i8 } 40 57 57J\a?/h S` a3 b9 ri A6 i- t•'? 1261135 1481 167 15'C? "i » 29 130 51 !5C 79'-,,/ 112 , 43 i g51116 rr}129 134ip 147 1 19-1-3 38 52 5 ??,? aG / rJl f g< 117 r73G 133 4 14C 11 3 19 ?i j / (L r 1 • 31 37 53 -'4 \\ 51 1 92 A3 f 118 131 132 14fi 17G 1 791 I 1 ??/r ?? L/ ^ 3" T L> EWiRp 1511E _ n n + ?+ ,o n m m n N n r ,n [n r. m rn i <\,+ ; n n n n n n n m• 4 Ic, w u Q c 4'? J ILA 33 34 5 36 11 Ilu tllltllllill[! illlllllllllli CIIIIIIII IIIIIIi IIII 11 IIII fiI ~I III(lI I III ??? li Wllll ll V 6a? !, It OwtrED }7 r ? G [Y r 1.7 ? O N .r ? r N G m ? r1.'S R . YY l 3/01' f r ^ I ^ ?_ I ,n 1 rrl 1 ? v7 r r r _.ty_ irr •- 111 1.:_ Ia 10v 20 R o S! " r 13a 1 237, 3:----- b ^.35 ~ 236 1 13 17 ,? rrt 21 M 0? I ?3i1`???? 116 13` 236 235 336 I 334 ., 234 13' G C l ` -;?7c? -ivr-2: ry [ 1S4 '. 1""=J' 2J1 212 13 C/ffc VI 000NTY ZONING A-E 132131 232 231 332 " t. + LUN' ULDFI 13D 330 224 12g 230 224 A rr ,.... 1 f ._. ?, r I . • ... I : - III ,214 227 1'. PROPOSED ANNEXATION LAND USE PLAN AMENDMENT and ZONING OWNER VE omE DY A S $aC LT C3 ? 01B E 9--v S Aq 1- l y L U P q{ -1$? r APPLICANT ASSoc LTI) n 4i BRpW1J ASSoG LTD I PROPERTY DESCHIPTION LAND USE PLAN ZONING m cc a Ili 01 FROM L)WCLA5,71VIED COUNTY R-6 1-11,0 ACRES WAY TO M?piuM DEN917Y RIGIIT OF RV.SIDEUT1AL R P D I C) ACRES PLAN14ING and ZONING BOARD CITY COMMISSION SECTION 17 TOWNSHIP ZQ s RANC3E LS E ATLAS PAGEZgr l d Single Family MH= MOI31LE HOMES SC-SCHOOL V=VACANT EXHIBIT A ORDINANCE 110. 5170-92 .2 3 AN ORDINANCE OF THE CITY OF CLEARUATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF TIIE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE ? DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF DREW STREET AND HAMPTON ROAD, KNOWN AS ISLAND IN THE SUN MOBILE HOME PARK,- FROM UNCLASSIFIED TO LOW DENSITY RESIDENTIAL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of tlie,City as set forth in this ordinance is found t o be reasonable, proper and appropriate, and in compliance with Florida law; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: r Section 1. The future land use plan element of the comprehensive plan of } the City of Clearwater is amended by changing the land use category for the I. Hereinafter described property as follows: PropertV Land Use Category The Northwest 114 of the Northeast From: Unclassified 1/4 of Section 17, Township 29 South, Range 16 East, Pinellas County, Florida; To: Low Density Residential less and except the South 25 feet of the East 858.44, and less that portion currently lying within the city limits of Clearwater. (LUP 91-15) Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehiensive plan. , Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 5169-92. PASSED ON FIRST READING March_ 5,1992 PASSED ON SECOND AND FINAL READINQ AND ADOPTED Rita Garvey Mayor-Commissioner Approved as to form and correctness: Attest: dL r- M. A. Ga rait ), Jr Cyntlila E. ,Gou et?u City Attorney City Clerk V S G R n? c 6 ' s111E1=r R R ?M _Al o,Q. --- - - ?^._ DREW b• r.o 512s- DREW?ltrmmmlr?n?nnT?li?T?Ii???[mtl[n uV?? ?? ? r1 V3 ul ,!] Y1 ? ? r Y v N H tl A t'+ j?, ?y + ?` n t1 N N N N N N N N t? N rv N N N CI N N N N tY N 1 ? ?+ I •-- E!L"Ii11iIpA? .. .--1_ ? Isi ? ?'G3 w n m n. b N 2?fi 21 ? i r M n° XN t- n h? n n n n m m as 244 ='G{ N N N N_ N N rv rv N I N N ! 22 }"may! 11 21i =t I"? 1 U, pl Ui R m m R3 +D in 16 R3 IlNl K __ N N N N N N 242%230/ / Z1 a, N? N N N N N .?.. ? `S I ? tb6r 11i 7Hltilo _ _ Itu . {1_r? 23i 21 L"1 +lr I s c; -- U3 +17 +p n m or N n I' ::G7 E3 a m o, m tx QQ c b n c, U N N N N N (3 ri h h rh ,ry 140 232 I ?'ce - _ - 2a9?.}. ?A p t sj3 _ Y ?, t + r:b9 ri n » » „ n ri P7 / 8??"?234 /'Asir" 212 21 ft0? 37 235 211 ° o °0 0 o a 21 :E /I r N N N N N 1V r '^ VI11DW1+ t 1 1D 235 INIlDwAI{D - T51 f 2(1 ;= 2G.5 ' 2 t3 11 5769 69 1D5 1D6 119 144 17 158 I 12/Dl 3 ?. 7 127 104 1D7 1201 143 156f54 7t}? o (rim 5 ? 13l? 65 71 7 103 )08 ., 121 142 155116D ZDa LJ ? Ir! 14 64 7 72 ' 1G2 109 X122 141 154 }6} 20 c ? 23 - - 15 63} 101 H ! I I`1 j. 22 21 20 19 16 17 1G ? JI 73 V 85 11 t] 123 14D 153 162 { i G ?r 24- JAM !G At e2 ? 74 / I ] 111 124 139 152 163 1? 19 ! ? O u tt..??5 43 44 4b46 47 61 7 86 99 112 125 138 1:,1 164 r 19 /r'? `,. V - tit 1-J 6D1- tai 87 983 111 137 19 v IQ?CJ 26 4t 76 126' 150 165 =27 41 49 77 88 97 114 127 156 149 166 1 53 w a ? y. 167 IS? X28 40 5D /57rG?2?`8 / g3 89 96 11 Jj 126 i35 140 .? =29 39 5I 4? E???l `7 9 ' 82 p1 ? fl9 116 2, 9 134ii3 147 162 la? 1 11 ?: ?3G 38 53 5 ???`' Bt , 91 ? 94 117 13G 137 R146 1t9, IDS L / .-31 37 53 5{ t31 ) 9Z 91 1]3 131 2) 1 1 w - 1 14n 17L ! 19I 1`J a 3Z LEEWARD IStE ; + N go Y n mi l` ^ m n a`°i © Z J4 35 36 «^ ." ' ~[I tilt ttlttilllllUl Itlllltltll ll lIl[111I1 IIIIIII 1[I [ - -9 ? 11I 1 ?[li [ [I ffill $0 I 1 [ ! lT[ 11[[llI o rr nMirn ( a I( {f II I I Y 10 O N Y Y N (I G m Ia Y ^ 1 vl ' + Y .r t1-° 13/01• N! ? .?1.*? Y ^m MH M ?1 - - 4 u llr 2U 1 I, { V ]Sti Z IR 1mg , E 1 237 :5. -?6 235 2:15 1' ?17 .4 l+? 21 D J? n , . X11 136 13: 2]6 235 336 334 , 234 1 G C -^3 93- --I` 31 133.?1a J4 I] 2 211 232 1 ciyf V, COUtITY ZONING, A - E' 131 232 ^ z31 T332] ?-- L U Lt' U L D (4 : 3 ] 130 129 230 220 330 220 I. 7? ( .? I. • r t "? I Y7N 227 1 PROPOSED ANNEXATION _ LAND USE PLAN !AMENDMENT and ZONING ?aWHEn %<"N AS?'QIC t~Tn1 RoBFWT A9I 1c{ LuP 2l?[S APPLICANT ASSOC L'rp'JL 4i 8R0U* )1? A.SS0c I-TD I P} OPEnTY DESCRIPTIO14 LAND USE PLAN ZONING M Cc B 12.1 01 "011 UNcc.ASSI ir-D COMITY R-6 111.0 ACRES TO MEDWtvl UE.NS1`rY RIGITT OF MAY R'ESID?;3T3A,-. bpd ACRES PLANNING rind ZONING BOARD CITY COMMISSION SECTION 17 TOWNSHIP -4q s RANGE ? S E ATLAS PAGE ZaC F3 a Single Femlly ' MIJ:-MOBILE HOMES SG=SCHOOL ? U-VACANT OROTHANCE IID. 5371-42 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATES} AT THE SOUTHEAST CORNER OF THE INTERSECTION OF DREW STREET AND HAMPTON ROAD, KNOWN AS ISLAND IN THE SUN MOBILE HOME PARK, AS DESCRIBED MORE PARTICULARLY HEREIN, UPON ANNEXATION INTO THE CITY, OF CLEARWATER, AS RESIDENTIAL PLANNED DEVELOPMENT (RPD-10); 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 in compliance with Florida law; now, therefore, DE IT ORDAINED BY THE CITY COMMISSION Of THE CITY OF CLEARWATER, FLORIDA: Section 1. Tice 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: Proper 3 The Northwest 1/4 of the Northeast I/4 of Section 17, Township 29 South, Range 16 East, Pinellas County, Florida; less and except the South 25 feet of the East 8513.44, and less that portion currently lying within the city limits of Clearwater. (A 9-14) Zoning- District RPD- IO-Residential P lanned Development Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. The Planning and Development Director is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 4. This ordinance shall tape effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 5169-92. PASSED ON FIRST READING March 5, 1992 F ^-' t PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey, Mayor-Commissioner Approved as to form and correctness: M. R. Gad raft Jr. City Attorney Attest: ,._.k Cynthia E. Gou eau City Clerk ?4a ?1. ? r. ffi I° i. ?i 13 4 i `2' Y / .!? rV Pr 5 P M D,q 6 V i SG .' R m t G A ?IR£LT R g _ 9 O ' sa' eor asps-3u -- - ..?o,..? •?-?_.??_ DREW so' rro ssls-s. I _ -- 1 DREW ^ ? ? ? ?"?31 »?Tlfl IlIlI1111?UI?lIff11(( (IfIfIfI?I1?1,Tf?flTiflf11f1 Tlflfififlrflllfl iflTlfCffil!'r'r?`il fTn Iifti liTT11iII r u+ ?•'y' ui I ?i ui Jl v1 ?tl yr ?' I CVar r. { 4. t] I " ?. f?fy 7ry?k (? Q D h 10 N f7 C? N J CJ N ?? N I I?p I C? I ftV 1 N F •NRR N 1 CV N I _N I C? i fJ F (V N + •? 1 LJ ='62 I 3'G3 o 21 FN. o N ri w 244 ?220 N 211 a ni '"m LN N V4 N N N N N •---?. 21 =66 ? ? ?'11tIi110AD _ k7U ? 2i1~i X2]1 !!! ? 21 N h n m }r c? .r '? C-- m in o n ! =:67 i n in n, N I n irr.., 2 {am 2 21, 2h--.1y/ 233 Q rn ' 5 '6 9 ° i n ?239??e2J?/33ti' 212 71 Ix.? 'I rig n 3?Jr w ? l.4 ?r V21 11 DW?FD 1 /'. -23r 211 ° r r°4v N rv w ?{ f 23 n n i3 i ;C 1 !ra 236 1hlrtpWAftU - -I 2G U L1 2 8 11 67 ` G9 105 106 119 144 157 158 ZD' ?? 1 f 7 12 r w 104 107 1211 143 159 20 1 t2, 0t J_ ;, rT 1tii =?., 70 -- 156 !Ki +ri- S3 fi?m?.?77 103 108 .: 121 142 1511 i64 20? K it i 14 ' 772 102 109 122 141 154161 2Gs.., 23 22 r 15 6.!? 101 1i0 123 140 153 162 7 19?; L r?i 21 24 19 1d 17 IG J 73 10 L 2 85 r ,__ ____ ---- -?• ?. ,- U tt,r .. ?? 152 IG., 21 } `?' : 111 _ JAM IC 74 124 1]9 19 - 86 yp 112 125 138 151 164 19 c i `i O G { 1 °m E i3 44 45 16 {7 61 5e X28 42 -,/ 48 5001 6 . 84 87 08 111 126 137 154 165 19 ? (/ R i 1 27 41 49 r b9 77 I a 97 114 127 136 14' lfi6 19? a C ' _ wee 40 50 5757 78 / 82 89 96 1i5 1126 115 148 167 15 I _= 29 39 31 'S6\,?Q 83 ?j 05 f 116 1129 114 it 147 16c' 19 i !rr ° ?• _-`` ;E '38 52 iiC 91 1 ? 94 117 5 130 131 Fj,4 169E i9? LJ r/" i =ao 31 37 53 54 B1 1 92 9J 1118 131 132 K C i L/ I a 145 17L 1 i?'D 1 -? LEEWARD 1S1t 191 a „ r N N w m o, ro N n v, rn P co wn ilia m _w rfi as w m ?I "a 351u1u 1111(11 rtilf 1? ly omr[D O L rv v w w o N r u, .. N a m I o off r 1» 'r .r r .e J Y rri I Sri (u3 N tip "•i8-- 20 R r"1 v al rr ns o iSQQt r 118 W? 237 3: -:?6 :35 :]6 13: `17 ?+ ru 21 M D Y I )il+? of 136 13` 2]6 235 336 33 1 7y3 r 234 IJ: G C r? - li7aa avT-? _?34 _3' I 1 K . +.ir:J 1 ?_ ' 3311. Z 231 232 13' Ic , + z COUNTY ZONIIIG A - E' r??r 132 131 232 231 2 ' 229 I ln szo t21 LU> ' ULUR ; 's3 t30 "0 f t---2-9 444 23 ` SAM 272 6-1 13 PROPOSED ANNEXATION LAND USE PLAN AMENDMENT and ZONING OWNER VEOwEDy AS?'a,c LTD?'2O13ER-c,,_- Aql -IL1 Lup QI^Jg" APPLICANT Assoc ZTD n 41 13Ro )U ksSDG LTD _ff PROPERTY DESCMPTlO11 LAND USE PLAN ZONING nit ? a 12r of pFzoFa' Uh1CLASSIF'1ED COUNTY R-S 111,p ACRES TO MEDIUM flE.N$1`TY RIGI1T OF WAY RE.GIDEUTIAL QPD 1 ACRES PLANNING and ZONING HOARD CITY COMMISS1014 SECTION 17 TOWNSF11P ',Z•Q S RANGE lC E ATLAS PAGE 2qr !1 Singl. Pornlly = MH: MOBILE IiOMES SC:SCIIOOL ' V-VACAtiT I;W11I3IT A as ORDINANCE NO. 5236-92 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 134.015, CODE OF ORDINANCES, TO DELETE THE SIGN VARIANCE APPLICATION DEADLINE; PROVIDING AN EFFECTIVE DATE. RE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Subsection (f) of Section 134.015, Code of Ordinances, is amended to read: Sec. 134.015. Nonconforming signs. (f) Any person aggrieved by the provisions of this section may apply to the city commission for a variance in accordance with section 137.012. Any -Fequewer-a :aw-an aa-1-# e f 11 -with th deve-l pii)eat--eede- adiii i n i s r-a to 4east-n4netT--?90-}-days-pr4er-4e-0c-tobe 13, 1-992-=- In addition to the standards which govern variances contained in section 137.012, the city comrtlission board shall consider the propriety of the application of this section rased upon the following factors: * •k * ?• ?Ir The city commission may grant a variance only after a, public hearing and upon a demonstration by the owner/lessor of a hardship different in kind and magnitude from that suffered by other siren owners or lessors similarly situated. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Attest: Cynthia E. Gout eats City Clerk Approved as to form and correctness: u-l M. A. Ga rapt h, J. , City Attorney August, 13, 1992 Rita Garvey Mayor-Commissioner .R . t' N ORDIVANCE 110. 5251-92 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF RAGLAND AVENUE, CONSISTING OF LOT 61, CLEARWATER MANOR SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1716 RAGLAND AVENUE, INTO TEEE 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 C014MISSION 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; i Lot fit, Clearwater Manor Subdivision, according to the map or plat s thereof as recorded in Plat Book ail, Page 66, of the public records of Pinellas County, Florida, E Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's 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 ahnexed property. The City Engineer, the City Clerk and the Planning and Development Diret"tor are directed to include and show the property described r herein upon the official maps and records of the CiCy. Section 3. This ordinance shell take effect imatediately 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 t F F' 1 , f ; ;tee Shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON.FIRST READING. Au ust 13 1992 PASSED ON SECOND AND FINAL. READING AND ADOPTED ?• Rita Garvey } Mayor-Commissioner ' Attest: Cynthia E. Gou eau City Cleric f'. 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(" • i? , i:' 1714 1716 7f f 3 j _; , 3 7 4 0 A 105 ; ? . 31 dr f 1 1 J7f7 171Q ttltt[tjf( 1 17 1717 1 U 4 J ryre 7 /1 - ..» Ill 9 lot , 710 O 1711 1710 ? ? 1 fl • t•+'s 50 50 1711 -171 ! 0 LAGO ON 12 ' lt? ? h 7!! n 1 f;.• `' 55 1700 1"1.4 50 165 1 3 j _ .If?iL =? 5© 9- a e utw?i 1 }+ 55 'S'•:Ss:i' ?.1;: a TS:' i:,J•,!;{F:i': 5' 0 N 0 7a{!i? 611 /r7 •? IJj;:1?i?;iYi'ii: ti•.::i.?:el::!'i.i:,i::S i Yi PROPOSED ANNEXATION LAND USE PLAN AMENDMENT and ZONING OW N E R ! w PLC) IF, [_ ?--- A q1- 03 t_ u P g 1 r O 3 APPLICANT PR4PE1iTY nESC>'TIPTIOIt LAND USE PLAN ZONING 1. 0T 6 E GLEARWA-rER M ANDR. FRO1•l uNCLAS SIFI?.D COUNTY I+-3 0,1 U ACREs TO L0 W DEN S }-Ty RIGHT OF WAY P, R r- 5 t o E IJ T l1"-. 1... P, S ? ACRES PLANNING and ZONING BOARD CITY COMMISSION SF-CTION Q 6 TOWNSHIP 2 q S FIAN E (3 E ATLAS PAGE 2 G 3 A G SInQ1si Family EXHIBIT A M- X0 ORDINANCE IJO. 5252.92 27 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND} USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF RAGLAND AVENUE, CONSISTING OF LOT 61, ' CLEARWATER MANOR SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1716 RAGLAND AVENUE, FROM UNCLASSIFIED TO LOW DENSITY RESIDENTIAL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan, element of the comprehensive plan of the City as set forth in this ordinance: is found to be reasonable, proper and appropriate, and in compliance with Florida law; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section I. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by changing the land use category for the hereinafter described property as follows: Property Lard Use Category j Lot 61, Clearwater Manor Subdivision, From: Unclassified according to the asap or plat thereof as recorded in Plat Rook 41, Page 66, To: Low Density Residential of the public records of Pinellas County, Florida. (LUP 91-03) Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. S Section 33. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 5251-92, and subject to the approval of the land use designation by the Pinellas County Board of County Commissioners. PASSED ON FIRST READING R August; 13, 1992 PASSED ON SECOND AND FINAL READING AND ADOPTED 11 i t:a Garvey Mayor-Cote mi s s i oner Approved as to form and correctness: latest: ee M. A. Gal raitfi, Jr Cynthia E. Goudeau City Attorney City Clerk i? f t l 19 7 sa l PROPOSED ANNEXATION LAND USE PLAN AMENDMENT and ZONING OWNER ?? CL \ f ?4 A q l-- 03 LUP C1 1 r 03 APPLICAt1T PROPERTY I5E ;CF11I'TIOU . LAND USE PLAN ZONING 1.O-' 6 C L E A R Uj A-r E R r-n A N a P, FROM UtJCLAS2,1Ft?,I7 COUNTY ?--?a o,IU AcnEs TO LO W o E w S 1-TY I11GIIT OF VIAY P, F- 5 1 D C N T 11,- L S ?, ACRES PLANNING and ZONING BOARD CITY COMMISSION SECTION 06 TOWNSHIP 'Zq S nANGE ? G E ATLAS PAGL ® Single Family ?Qj ORDINANCE NO. 5253-92 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF RAGLAND AVENUE, CONSISTING OF LOT 61, CLEARWATER MANOR SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1716 RAGLAND AVENUE, AS DESCRIBED MORE PARTICULARLY }HEREIN, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS SINGLE FAMILY RESIDENTIAL "EIGHT" DISTRICT (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 in compliance with Florida law; 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 Zoning-District Lot 61, Clearwater Manor Subdivision, RS-8 - Single Family Residential "Eight" according to the map or plat thereof as recorded in Plat Book 41, Page 66, of the public records of Pinellas County, Florida. (A91-03) Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. The Planning and Development Director is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 4. This ordinance shall taste effect immediately upon adoption, contingent upon and subject to the adoption of ordinance No. 5251-92, and subject to approval of the land use category set.forth in Ordinance No. 5252-92 by the Pinellas County Board of County Commissioners. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and correctness. V V _ - V - 1 M. A. Ga ait , r. City Attorney !d August 13, 1992 Rita Garvey Mayor-Commissioner Attest:' Cynthia E. Gou eau City Clerk -?eA "'Le ICY tF f f 54 . .-w, ::•r? e:, 1 V. r;' 1 1 4 1 3 11, ? I ? lJ J 1? J L1 J '1 J L co ku Vt %0 C3 • '.i• •I ?j ?J r1 r1 r{ P{ =1 ry ry av r7 r{ N W e{ i.'r.:: f ?;4n,•? ?4i ir:.,, l.J ,:•{•:' .. ?.?...??rn' rJy. .?y__• ?? .- !i ti t{ •r _ r{? tl _? t?!_ =i 11 +VT t?.?.? ??._.Y a t '.?'Y rPt:,=.Nil:.,:}: :t'i?i '. ails Jy !{kk?irr;S: ;:r:?}: a,='•i: 1 p U 5d ?. 9t) '?? aq r1 1. 50 ry ii(p]?s{l? ? It =? `i Fi C •1 'i.i "}'!'', !' , yy?.y1' :el•:. ?, i'ir'. •?1;?' 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'3, '? :fi ?` 9`ty fl',:t"?' ::?'.•a:{, s,f' ,alt.;; : i 55 ),n r' ../" •; .., .i•' ,t:. .. ..y ::. ,•• .':•.r... ...!•i ... +..: :: is :':'l::!:'.; t•• k:r 55 i { $!'rg,:• . 1'??T, !.1 '':i ir::ra .3;; .@ ::E! ;ti : o-.Irt'' i : .,.r•;,, .,, ;I sv; 4:!'i i PROPOSED ANNEXATION LAND USE PLAN AMENDMENT and ZONING OWNER W R.C7 ? ??'" ! ? A qt- o-3 L U P ?I r d APPLICANT PFtOPCI'i7Y DESGFIIPTIOTr LAND USE PLAN ZONING 1--0T G t C?-EARWA`['E?2 mANvR FROM UN CLFlS S? F 11? ? 000HTY P, -- ? C7 .I U ACRES -ro LOW C??N S iTI'Y rtlGll r OF WAY RsS i c) C 0 T ln. ?. P, I ACRES PLAHHING and ZONIt1G 1301 VID CITY COMMISSION SF-CTION O 6 TOWNS11111 2 a S r3ANGE r? 1 63 E ATLAS PAGE ?. 6 3 A © Single Pamlky 0 i? Qj - = FI ¦ ., r ORDINANCE NO. 5254-92 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTIONS 135.150, 135.1524, AND 136.025, CODE OF ORDINANCES, TO ALLOW CHILD DAY CARE AS A CONDITIONAL USE IN THE LIMITED INDUSTRIAL ZONING DISTRICT AND THE RESEARCH, DEVELOPMENT AND OFFICE PARK ZONING DISTRICT, AND TO ESTABLISH SUPPLEMENTARY STANDARDS FOR SUCH CONDITIONAL USES; .PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Subsection (7) is added to Section 135.1.50, Code of Ordinances, as amended by Ordinance 5101-91, to read: Sec. 135.150. Conditional uses. Within Limited Industrial Districts, the following uses may be permitted as conditional uses: (1) Vehicle service. (2) Outdoor retail sales, displays and/or storage. (3) Alcoholic beverage sales (consumption on premises). (4) Alcoholic beverage sales (package sales), (5) Residential shelters. (6) Noncommercial, parking. 171 Child day-care, 'f Section 2.- Subsection (9) is added to Section 135.1524, Code of Ordinances, as created by Ordinance 5107--91, to read: Sec. 135.1524. Conditional uses. Within Research, Development and Office Park Districts, the following uses may be permitted as conditional uses: (1) Alcoholic beverage sales (consumption on premises). (2) Business services. (3) ilotels/motels, ?I?IRd „1., F 5f i? (4) Manufacturing uses. (5) Marina facilities. (5) Personal services. (7) Residential shelters. (8) Restaurants. .(9) Child clay care. Section 3. Subsection (c) of Section 136.025, Code of Ordinances', is t t amended to reads Sec. 136.025. Conditional use standards. (c) Supplementary standards, by category of use. The following standards (which apply to the identified category of use) shall supplement the general standards of use identified above and no conditional use shall be authorized unless determined to meet all of the standards applicable thereto. (8) Child day care may be permitted within the Limited Office, General Office, Neighborhood Commercial, Commercial Center, an4 Public/Semipublic Limited Industrial and Research Development and Office Park Districts, subject ? to the following upon -a-de?em+nat-on--tha--: a. Sufficient on-site outdoor play areas shall be provided and so designed as to ensure user safety. b. Appropriate on-site loading and unloading areas shall he {provided which are sufficiently distant from other trafficways so as to ensure user j. 3 safety. t C. Within the Research, Development _and _Office Park_ and Limited Industrial districts,_ the use shad be _anci_llary_ to another permitted or conditional use or shall' provide, as its rimar purpose, service to a ro ert 2 f or properties containing another permitted or conditional use in the applicable district. d. c. The use shall comply with all of the general standards contained in subsection (b) of this section preeed-#ng-par-agr-apt - 4. Section a. The provisions of this ordinance have been found to be { consistent with the City of Clearwater Comprehensive flan. is t Section 5. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING August 13, 1992 PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Cleric Approved as to form and correctness: 1 l M. A. Galbraith, t C ity Attorney y ?7 3 f m *I m 30 ORDINANCE 110. 255-92 AN ORDINANCE OF THE CITY OF ''CLEARWATER, FLORIDA, AMENDING ORDINANCE. 5196-02 RELATING TO THE VACATION OF A PORTION OF THE RIGHT-Ol'-WAY Of: 111111 STREET, WEST OF BAY AVENUE AND EAST 01' ORANGE AVENUE, TO CORRECT TILE LEGAL DESCRIPTION OF 'fill: RIGHT-OF-WAY; PROVIDING AN EFFECTIVE DATE. 13E IT ORDAINED 13Y THE CITY COMMISSION OF THE CITY OF CLEARWATER, 17LORIOA: , Section 1. The legal description in Section 1 of Ordinance 5196-92, adopted on May 21, 1992'9 is amended to read: Section 1. The Following: The right-of-way of Pine Street (formerly platted' Grove Street) lying South of Lots 3 and 4, Block 3_, and ying North of Lots 1 and 2, I31ock 5 #liar-t:I)-o.fl..-R31ock-r---1--acid 2---and- So"- -sf-4 eeks -3 -n4-4, Starr and Savery Addition to Clearwater, Florida, according to the map or plat thereof as recorded in Plat Rook 1, Page 97, of the public records of Ilillshorou h Count Florida of which Pinellas County was once a hart is hereby vacated, closed and released, and the City of Clearwater quitclaims and releases all of its right, title and interest thereto subject to the following conditions: Section 2. The City Cleric shall record this ordinance in the public records of Pinellas County, Florida, following adoption.' Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST RE=ADING PASSED ON SECOND AND FINAL READING AND ADOPTED August, 13, 1992 Approved as to fora and. correctness: . A. Ga rait , .1 . City Attorney Rita Garvey Mayor-Commissioner Attest: Cynthia E. Gou eau City Clerk i ¦ LEGEND • Fire Lane Sign 30 u c o ' 0 4 r w K w a C a d TW V C O O d) k ' aa' ; 3 } m !e F A r 7 u ? t. i. Drtiwn by-, D.D.M. Dole 5/01/92 Vnc. No. 92-02' I t Note: This is not n SURVEY Meet i n t :...MIMIR... ? Clearwater City Commission 9 Agenda Cover Memorandum r f D 41w** CONSENT- SUBJECT: AGREEMENT WITH THE PINELLAS COUNTY SHERIFF FOR LATENT FINGERPRINT EXAMINATION AND RELATED SERVICES RECOMMENDATION/MOTION: Authorize the City Manager to enter into an Agreement with the Pinellas County Sheriff to provide latent fingerprint services for a period of one (1) year, commencing January 1, 1992 through December 31, 1992, at a cost of $31,837.57. m and that the appropriate officials bc,authorized to execute some. BACKGROUND: Fingerprints are perhaps the most common form of physical evidence, and certainly one of the most valuable taken from a crime scene. They relate directly to the ultimate objective of every criminal investigation - the identification of the offender. It is a known fact that fingerprint evidence is among, if not, the most damaging evidence to present in court. In order to develop an identification from a fingerprint, a latent print must be lifted from a crime scene and compared to known prints on file. The comparison must be made by expert fingerprint technicians. To qualify as an expert, a technician must have formal training in the science of fingerprinting and photography plus several years of practical experience, including trial experience in order to become a useful witness. The Pinellas County Sheriff's Department has an excellent Identification Section, complete with the latest technology and equipment, including A.F.I.S. (The Automated Fingerprint Identification System), which is linked by computer to the files of The Florida Department of Law Enforcement. In 1989/90, the Police Department negotiated its first agreement to provide latent fingerprint comparison services for a fee of $33,585.00. It was renewed in 1990/91 at a cost of $34,837.57. Since the expiration of the last contract, January 1, 1992, the Sheriff's Reviewed by. Legal ?y? MI originating Dept: Police. Costs : S 34 "837.57 Total C ission Action: A d Budget pprove Purchasin L E 34 837 57 13 Approved w/conditions g Risk Mgmt. i_ /A current , . Fiscal Yr. 13 Denied CIS N/A User Dept: ? Continued to: ACM N117? __ runding Source: Other ? capital Imp. Advertised: Operating Attachments: Date: ? Other Agreement Paper: ? N R d i Su6rn" t by; ot equ re Affected Parties Appropriation Code: ? None ? Notified 010-1-1145-30 3/521 Cit Ma er 11 Not Required 4,51 Pr ed on recycled paper ' i t, office has been performing the same services in good faith pending the outcome of additional negotiations for other services. These other services have been included in the Police Department 1992193 budget. However, in doing so, the matter of the current latent fingerprint service contract was left unresolved. At this time, the sheriff has agreed to provide the same level of service as the first two contracts with no increase over the 1990/91 cost for services rendered to date and for the remainder of this calendar year. The agreement includes the services of a full time examiner with additional assistance as necessary on complex cases. The Police Department has been most pleased with the services provided by the ? sheriff's office during the previous two (2) contracts as well as the services provided since January 1, 1992. I I' Funding for this contract is provided in the Police Department's 1991/92 operating Budget: 010-1-1145-303/521. .k E r y i? 1 } r , 3i 1 d i F ` . t I ff '' ' t ; t AGREEMENT COMES NOW, the CITY OF CLEARWATER, FLORIDA, a municipal corporation (hereinafter "CITY") and EVERETT S. RICE, as Sheriff of Pinellas County, Florida (hereinafter "SHERIFF") this day of 1992 and agree as follows: WHEREAS, the CITY desires to contract with the SHERIFF for assistance in examining latent fingerprints derived from crime scones within the CITY and from suspects and victims of crimes occurring within the municipal limits of the CITY, and; 111JEREAS, the SHERIFF has available personnel to perform such latent fingerprint identification services for the CITY; and WHEREAS both the CITY and the SHERIFF believe the provision of such services as hereinafter provided is in the best interest of the safety and welfare of the citizens of the CITY and of Pinellas County and that such will facilitate the investigation of criminal activity and the apprehension of persons engaging in such activity; NOW, THEREFORE, in consideration of the mutual covenants and promises set forth below, the parties hereto agree as fol- lows: % 1. The SHERIFF shall t provide to the City one latent print examiner (hereinafter "Examiner"} which person shall be appropri- ately trained and qualified to examine latent fingerprints and to identify same. A. Said Examiner shall be a member of the Pinellas County Sheriff's Office and shall be subject to the direction and all rules and regulations of the SHERIFF. B. Said Examiner shall be on duty to perform fingerprint examination eight (8) hours per day, five (5) days per week and shall as a part of his/her duties: 1. Examine fingerprints provided by the CITY to elimi- nate fingerprints of persons who have a legitimate reason to have their fingerprints in a premises or on an object. 2. Evaluate the quality of latent fingerprints provid- ed by the CITY. 3. Compare the latent fingerprints of suspects provid- ed by the CITY. 4. Appropriately document those latent fingerprints provided by the CITY which cannot be positively identified. 5. Prepare and provide to the CITY reports on all latent fingerprint identifications performed. 6. Attend depositions, hearings and trials and render expert testimony in the area of fingerprint' identi- fication. C. Neither the SHERIFF nor the Examiner shall be responsi- ble for any crime scene processing within the municipal limits of the CITY as a part of this Agreement. D. In those instances where the CITY submits a complex or lengthy latent identification request, the SHERIFF shall provide additional available,personnel to assist the Examiner., E. The. Examiner shall be available to assist SHERIFF's personnel in the examination of latent fingerprints in times of extreme need for such assistance. A 31 i i l a ,e i. i i 3 U ?M .i f . ;. i I, ?. 6 i i 1. s? t3 I II. The CITY shall pay the SHERIFF the sum-of Thirty-Four Thousand Eight Hundred Thirty-seven Dollars and Fifty-seven Cents ($34,837.57) annually for the latent fingerprint services to be rendered pursuant to this Agreement. A. The aforesaid sum shall be due and payable within fif- teen (15) days of the signing of this Agreement and shall consti- tute the full sum due hereunder. B. In addition to the monies provided above, the CITY shall provide one individual, to be designated by the CITY, who shall act as a liaison with the Examiner provided for herein. Said liaison'shall: 1. Be a member of the CITY Police Department. 2. Be responsible for the timely and appropriate deliv- ery of latent fingerprints and certain items of evidence to the SHERIFF. 3. Be responsible for. the proper execution and deliv- ery to the SHERIFF of correctly executed latent fingerprint request forms. 4. Be responsible for the return to the CITY of com- pleted latent fingerprint request forms showing the results of such examination or comparison. 5. Serve as the SHERIFF"s contact with the CITY in all day to day matters relating to the examination of latent fingerprints pursuant to this Agreement. III. This Agreement shall become effective on jarmtry 1. 1992 1992 and shall be in full force and effect until December 31,199 1993. IV. Either party may cancel this Agreement without penalty upon providing notice of such cancellation in writing thirty (30) days in advance. of such cancellation date. Upon such can- cellation, any sums paid to the SHERIFF shall be rebated to the CITY on a pro rata basis. ,y V. This Agreement constitutes the full and complete under- standing of the parties and may be modified or amended only by a document in writing signed by the CITY and the SHERIFF. DONE AND EXECUTED this day of , 1992. ATTEST: rf City Clerk for the City of Clearwater, FL Witness witness EVERETT S. RICE, Sheriff Witness i 3t F • rI i' F• ¦, SER ;• CLEARWATER crry cammissION ttE t Agenda Cover Al morandum ? em a CONSENT Meeting Date: 9/3192 SUBJECT: ERVIN' S ALL AMERICAN YOUTH CLUB RECOMMENDATION/MOTION: APPROVE AGREEMENT WITH THREE (3) YEAR TERM (SEPTEMBER It 1992 THROUGH AUGUST 31, 1995) BETWEEN THE CITY AND ERVIN'S ALL AMERICAN YOUTH CLUB, INC. FOR THE CLUB'S CONTINUING USE AND SUPERVISION OF THE HOLT AVENUE YOUTH CENTER WITH AN ASSOCIATED COST OF APPROXIMATELY $13,200 PER YEAR. and that the appropriate officials be authorized to execute some. BACKGROUND: Ervin's All American Youth Club, Inc. has been operating out of Holt Avenue Youth Center since 1987. The existing agreement had a three year term which expired on April 14, 1992, but was amended at that time to allow the club to continue using Holt Avenue Center on a month to month basis, but not later than September 30, 1992. The proposed agreement (attached) covers a new three year period. Provisions are similar to those of the existing agreement except for the following: 1. The format of this proposed agreement has been changed to be more consistent with other City agreements. 2. Programming emphasis of the club has shifted from educational and recreational to educational, cultural and motivational. "Recreation" programs for youths of the Greenwood Community will be accommodated more fully at the recently expanded Martin Luther King Center under Parks and Recreation Department supervision. 3. In accord with City Commission direction, Article II (8) and Article III (1) of the Agreement have been revised to show that the City will convey $4,800 in cash to the Club for 1992/93 and that the Club will be responsible for paying all utility costs. As in past years, the City will provide building maintenance, landscape maintenance, and operational supplies. Monies requested for these purposes in the 1992/93 budget total $13,200 which includes the $4,800 in lieu of utilities. Monies for these items will be requested by staff in each succeeding budget year during the term of this agreement. Reviewed by: Originating D I.: Costs: EST. 3,200 Commission Action: eta f_e©af Parks & r on 'Approved Budget .., Approved wlconditions Purchasing A User Dept.: ? Current Denied -- Risk Mgmt. Parks & ecre on .? Continued to cis Funding source: ACM Advertised _ Capt. Imp. Other N/A Date: Pa er: Operating r oth Attachments: 1 p e . Agreement Subm1 ed by: X Not required Affected parties Appropriation Code: _ Notified 010-1-1621 City 0 agar -Not rogvired None i .w.... a. ..+ .. ^I.ywnun .x M&+ifwR 1'...h ~AI ALIrAME,11ICAN YOUTH CLUB 011',RATIONAL SUPPORT AGREEMENT This Operational Support Agreement is made and entered into this day of between the City of Clearwater, hereinafter referred to as the Cite, and Ervin's All American Youth Club, Inc., a Florida non-profit corporation, hereinafter referred to as the Club. WHEREAS, it has been determined to be highly desirable and socially responsible to provide activities to build and foster the confidence, educational and social skills and good habits in young people; and WHEREAS, the City desires to help young people to build social skills by providing an operating location and certain operational support; and WHEREAS, the City owns the Holt Avenue Youth Center Building, hereinafter referred to as the Youth Center, located at 1250 Holt Avenue; and WHEREAS, the Club has established programs that provide educational, motivational and cultural activities for youth in the North Greenwood area of the City of Clearwater; NOW, THEREFORE, the parties agree as follows: ARTICLE I. TERM Tile term of this agreement shall be for a period of 3 years commencing on the Ist day of September, 1992 and continuing through the 31st day of August,1995, (titre Termination Date), unless earlier terminated under the terms of this agreement. ARTICLE II. RESPONSIBILITIES AND RIGHTS OF THE CLUB 1. Services to be Provided. Tile Club shall provide the following services: a. Youth Programs. Conduct educational, cultural and motivational programs at the Youth Center for the benefit of neighborhood and Clearwater area youth. b. Assistance to City. Provide Club personnel and volunteers to operate and supervise activities and special programs at the Youth Center. c. Supervision of Recreallon Grounds. Supply the necessary leadership and supervision for the conduct of Club activities on the recreation grounds adjacent to titre Youth Center. d. Controlled Use of Equipment and Supplies. Insure the proper use of supplies and equipment at the Youth Center through appropriate management and supervision. r e. Establish Scheduled Hours of operation. Open and operate the Youth Center for the public on days and at hours similar to other City recreation facilities. 2. Use of Youth Club Premises. a. No Illegal Use. The Club promises and agrees that they will make or allow no unlawful, improper or offensive use of the premises. Further, the Club understands and agrees that this provision specifically prohibits, among other acts, the sale, consumption or use of alcoholic beverages or controlled substances any where in, on or around the Youth Center and those adjacent areas used by the Club. b. Rules for Use. Rules and regulations governing the use of the Center may be established by the Club, providing they are not in conflict or inconsistent with the ordinances, policies or operating rules of the City or of this agreement. Such rules and regulations developed by the Club may provide for and allow reasonable user fees. c. Inspection by City. The Club understands and agrees that the Youth Center premises may be entered and inspected at any time by the City's officers, agents and employees. d. General Adherence to City Ordinances. Notwithstanding any limitations implied by the provisions above, the Club promises to observe all City ordinances. 3. Maintenance of the Premises by the Club. a. Custodial Maintenance. The Club shall maintain the Youth Center and adjacent areas used by the Club in a clean and orderly condition using custodial supplies furnished by the City's Recreation Facilities Division. b. Repair of Damage. The Club understands and agrees that it is responsible for and will cause to be repaired at its own expense damage to the premises other than vandalism or normal wear and tear. .. 4. Area to be Served. Services rendered through this agreement shall be provided within the corporate limits of the City of Clearwater as it now exists and as its boundaries may be changed during the term of this agreement. 5. Reports of Agency Activities. The Club shall furnish the City Department of Administrative Services, Grants Coordinator, with an audited report of activities conducted under the provisions of this agreement, covering (lie previous operating year. Such report shall be dui by November 1 each year. Each report is to set forth the total income received, the total expenses incurred, the number of Clearwater residents served, and commentary on the viability, effectiveness, and trends affecting the All-American Club program. A separate copy of the report shall be made available to the Parks and Recreation Department designated coordinator. 11 6. Monthly Attendance Report. The Club shall report daily attendance figures in a separate monthly report to the Parks and Recreation Department. 7. Use and Disposition of Funds Received. Any Funds received by the Club from the City sliall be used to pay for operational expenses attendant to the operation of the Youth Center. 8. Utility Charges. The Club shall pay for all utility costs associated with the operation of the Youth Center. 9. Payment of Fees and Taxes. The Club sliall obtain all required licenses at its own expense and shall pay all required taxes necessary to the Club's operation at the Youth Center. 10. Creation, Use and Alai titenance of Financial Records. a. Creation of Records. The Club shall create, maintain and make accessible to aulhorized City representatives such financial and accounting records, books, documents, policies, practices and procedures necessary to reflect fully the financial activities of the Agency. Such records shall be available and accessible at all times for inspection, review or audit by authorized City personnel. b. Use of Records. The Club shall produce such reports and analyses that may be required by the City and other duly authorized agencies to document the proper and prudent stewardship and use of the monies, supplies and equipment received through this agreement. c. Maintenance of Records. All records created hereby are to be retained and maintained for a period not less than five (5) years from the termination of this agreement. 11. Non-discrimination. Notwithstanding any other provision of this agreement, during the term of this agreement, the Club for itself, agents and representatives, as part of the consideration for this agreement, does covenant and agree that. a. No r..xclusioii from Use. No person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the operation of this program on the grounds of. race, color, religion, sex, handicap, age or national origin. :f ,k I I- b. No Exclusion front hire. In the ilia nagemcnt, operation, or provision of the program activities authorized and enabled by this agreement, no person shall be excluded from participation in or denied the benefits of or otherwise be subject to discrimination on the grounds of, or otherwise be subjected to discrimination on the grounds of race, color, religion, sex, handicap, age, or national origin. c, Inclusion itt Subcontracts. Tile Club agrees to include the requirement to adhere to Title VI and Title VII of tite Civil Rights Act of 1964 in all approved sub-contracts. d. Breach of Nondiscrimination Covenants. In the event of conclusive evidence of a breach of any of the above non-discrimination covenants, the city shall have the right to terminate this Agreement. 12, Liability and Indemnification. The Club shall act as an independent contractor and agrees to assume all risks of providing the program activities and services herein agreed artd all liability therefore, and shall defend, indemnify, and hold harmless the City, its officers, agents, and employees from and against any and all claims of loss, liability and ' damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property, except claims arising from the negligence or willful misconduct of the City or City's agents or employees. This includes, but is not limited to, matters arising out of or 3 claimed to have been caused by or in any manner related to the Agency's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by the Agency in or about its group dining locations whether or not based on negligence. 13. Instirance. The Club sliall procure and maintain during the terra of this Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with this Agreement. a. Mininium Scope of Insurance. A Comprehensive General Liability policy covering the Youth Center premises used by the Club and all activities occurring hereon shall be obtained and maintained in force by the Club. b. Minintum Limits of Insurance. Insurance procured in accordance with this section shall have minimum coverage limits of $ 500,000 for all occurrences and activities on premises. c. Additional Named Insured. Each insurance policy issued as a requiretzient of this agreement shall name the City of Clearwater, City, as additional named insured. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. P d. Verification of Covernge, The Club shall furnish the City with the Certificate of insurance with all endorsements affecting coverage required by this section. These forms shall be received and approved by the City's Risk Manager before execution of this Agreement by authorized City officials. 14. Coordination of Activities with City. The Club agrees to meet as needed with the designated Parks and Recreation coordinator to coordinate schedules, discuss maintenance and care of the equipment and premises, procuring and purchasing supplies and, generally, any matters subject to the terms of this Agreement. ARTICLE III. RESPONSIBILITIES OF THE CITY 1. Provision of Funds. The City agrees to provide funds to purchase operational supplies for the Club up to the amount approved in the City's annual operational budget for the Youth Center activities and to convey $ 4,800 in cash to the Club for the 1992193 Budget Year. 2. Maintenance of Premises. Maintenance of the Youth Center buildings and grounds for normal wear and tear shall be a responsibility of the City. ARTICLE IV. ASSIGNMENT OF AGREEMENT This agreement, or any part thereof or interest therein may not be assigned or transferred by the Club to anyone without the express prior approval and consent of the City. ARTICLE V. DISCLAIMER OF WARRANTIES This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not be changed, modified or discharged except by written Amendment duly executed by both parties. No representations or warranties by either party shall be binding unless expressed herein or in a duly executed Amendment hereof. ARTICLE VI. TERMINATION 1. For Cause. Failure to adhere to any of the provisions of this agreement in material respect shall constitute cause for termination. This agreement may be terminated with 30 day notice. 2. Disposition of Fund Monies. In the event of termination for any reason, any monies made available to the Agency but not expended in accordance with this agreement shall be returned to the City. 3 .I f? A I ARTICLE VII. RADON GAS ADVISORY As required by Section 404.056(8), Florida Statutes, the Club shall take note of the following: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health unit. ARTICLE VIII. NOTICE Any notice required or permitted to be given by the provisions of this agreement shall be conclusively deemed, to have been received by a party hereto on the,date it is hand- delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth (51h) business day after the day on which such notice is . mailed and properly addressed. 1. If to Club addressed to: Executive Director Ervin's All American Youth Club 1250 Holt Avenue Clearwater, FL 34615 2. If to City, addressed to: Director Department of Parks and Recreation P.O. Box 4748 Clearwater, FL 34618-4748 ARTICLE VII. EFFEC'T'IVE DATE The effective date of this agreement shall be as of the first day of September, 1992. •5 ?f f vl j 1 f ..., ....r., w....-._...-.»..... _. ..» .....-...??.>??arerwr +??wwe?w.rawr+w?..r.?.r.? IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of 1992, " CITY OF CLEARWATER, FLORIDA Countersigned: 5 By: Mayor-Cornmissioner F City Manager Approved as to form and correctness: Attest: 6 M.A. Galbraith, Jr., City Attorney Witnesses as to Club: .1 Cynthia E. Goudeau, City Clerk j. ERVIN'S ALL-AMERICAN YOUTH CLUB, INC. By: Executive Director 'Attest: President 999,. 333{ ,F ELY 1 r ?. ?P t ,. i i.i I i4 r ._ CITY OF CLEARWATER PROPERTY/LIABILITY/WORKERSI COMPENSATION INSURANCE PROGRAM SUMMARY 09/03/92 CON rENTS 1. Introduction > ' 2- `Proposed Renewal Program ^ 3. Excess Property Program 4• Product Descriptions 5. ' Coverage/Premium Cost Comparisons 6. Five Year Summary of Property and Casualty Losses ' ' e , y E f. N F SUMMARY 1. 'Introduction This summary covers various types of insurance administered under the supervision of the Risk Management Division. It includes the following insurance coverage: Excess Property, Excess Crime, Excess Workers' Compensation, Boiler & Machinery, Flood, Marina Operators Legal Liability and FPLIPA (Florida Petroleum Liability Insurance Program Administrators. It also covers the City's Self-Insurance Program activities. The insurance programs mentioned herein and the self-- insurance program activities are the subject of five different agenda items on the Commission Agenda for September 3, 1992, that have been numbered agenda items through 5 inclusive. 2. Pronosed Renewal. Program To review the proposed insurance renewals from A. J. Gallagher, please refer to Exhibit A. 0 To review the proposed insurance renewal from the Florida League of Cities, please refer to Exhibit B. 3. Excess Property Program In order to see the layers of insurance coverage in the Excess Property Program, please refer to Exhibit C. 4. Product Descriptions For a description of each type of insurance handled by the Risk Management Division and contained in this Summary, please refer to Exhibit D. 5. Coverage/Premium Cost Comparisons To compare the costs of the current coverage, the proposed cost for the next fiscal year, and a comparison of costs of insurance coverage for the City for Fiscal Years 83--93, please refer to Exhibit E. 5. Five Year Summary of Property and Casualt Losses To review a five year summary of Property and Casualty Losses, please refer to Exhibit F. F • t ¦ i f i 'CITY OF CLEARWATER PROPOSED IZENEN1'AL PROGRAM COVrRAGE: PROPrR7'V ( LAYCR I) , s s Company: International Insurance Company Term: 1011192 to 1011193 Premium: $75,000.00 t Limit: $5,000,000 excess of SIR SIR: $250,000 Sublimits: $5,000,000 Annual Aggregate Flood All $5,000,000 Annual Aggregate Earthquake $ 150,000 Extra Expense($50,000 each City Hall, City Annex & Police . : Administration) r . Covered Pro perty: Buildings, Contents, Electronic Data Processing Equipment and Media : , Construction and Lawn Equipment, Radio and Audio Equipment Vehicles ` : . , , Owned watercraft under 25', Valuable Papers and Records = • 4; Total Value of Covered Property: $155,893,576. ' , F Excluded Property: Streets, roads, sewer and water mains, well holes, Sand Key Bridge COVE, RAGE: PROPERTY (LAVER 2) 1 . Company: Hartford Fire Insurance Co. 'T'erm: 1011192 to 1011193 ? Preniium: $43,032.00 Limit: $70,000,000 excess of International Form: Follows form of International policy with the exception of flood and earthquake which are excluded. 1 z r ?F i 4 r. Exhibit A r ; r C01'ERAGE: CRIME, AND I7I.SIIO?\'i .S'I'1' ' Company: Hartford Instlrar)ce Company of the Southeast Terns: 10/1192 t o 10/1/93 Premium: $6,071.00 Limit's: Employee Dishonesty- $775 000 . Forgery or Alteration- $475 000 , . Theft Inside Premises- $ 50 000 , . Theft Outside Premises- 000 $ 50 . , . Computer Fraud- $100,000. Deductible: $2$,000. 5 Endorsements: Faithful Performance of Duties 1 - • COVERAGE: I30ILER & 117AC1-I[I\'EIt1' :F Comp"inY: Kemper ; Term: .10/1/92 to 10/1/93 Premium: $5,912.00 Llrnlt: $10,000,000. sublimit: $ 2,000,000. Deductible: $10,000. Excluded Property: Saltd Key Bridge COVERAGE; MARINA OPERATORS LLGAL LOU LrA13I Company: Hartford Insurance Co. of the Southeast Term: 10/1/92 to 10/1193 Premium: $10,500. Limits: Marina Operators Legal Liability - $2 000 000 . , , Protection and Indemnity - $2-,000,000. ., Deductible: $10,000. Covered Locations: 25 Causeway Blvd. Island Estates/ Clearwater Marble Science Center . s. 1 I Exhibit; A m S? t posit 09/14/92 v--m-&, 550 AT TN I MADE CHECKS F'AYADLE TO t ClAy of C1.0-vil-walel- FLORIDA LEAGUE OP ciTiEst INC * Dox 4740 R.04 BOX 1757 C Lear•walor t F"L :34610 TALLAHASSEEt F•L. 32302-3.757 PLEASE RETURN. LINE COPY OF THIS INVOICE ? WITH PAYMENT FIRST INSTALLMEN'T' BILLING 1992/93 FY FMSIF (3) DROSS PREMIUM $ 87o699.00 I; IVII)F.i."ND CREDITS NONE -------------- PREMIUM 87p699400 F1Ti,llf S"T'L Lf RfICl7tmtm«"'1. =C#L7==talanm 1S'T INSTALLMENT(" 43t850.00 SUpi'arAL_ .»r 43 ? F3 U. 00 UNi''AID PRIOR YEARSt PENAL'T'IES (2) TOT"Al_ DUE OCTOBER 1 # 1992 TOTAL 87#699.00 NONE ---g7#699.00 4'. 0.0U $?w43,i3?,0.00 (1) Fi rmr INSTALLMENT' AMOUNT IS DUE ON OR BEFORE 1.0/1:3/92 Ii+AL..ANC:E TO BE PAID PER ATTACHED P'AYMEN'T' SCHEDULE (2) ALI.. UNPAID PRIOR YEARS t PENALTIES N. /OR OBLIGA'T'IONS MUST BE PAID WITI4. T'TiE RENEWAf_ PREMIUM INSTALLMEN'T' IN (:?lain' TO RENEW COVE RAUE OCTOBER l p 1992. (:3) i'I H= F•MSIF PREMIUM REFLECTS THE" 10/1/91. EXPERIENCE MOD.-• IFICA'T ION A-? PROMULGATED BY THE BUREAU OF SELT'" INSUR-• ANC;E. YOUR FINAL. PREMIUM WILL BE CALCULATED USING TF•lE 10/01/92 EXPERIENCE MODIFICATION WH1CH HAS NOT DE'EN f•'TMMULGATED AS OF THIS DATE, .)(4(-PoYMG NTS NOT RECEIVrLD ON OR DEFORE 10/].5/92 WILL RE ASSESSED A r- ENOL.'T"Y WITHOUT EXCEPTION •-• SEE ATTACHED PENALTY F'ULIC'Y*-*-x l:xl,J_hit FLORIDA LE'AGUE' OF CI'T'IES. INC. SPONSORED INSURANCE PROGRAMS EMIT NO COVERAGE NONE ------------- 0000 ?irl? 1 «>w1 ? tCit? YCN.11 C3l1G ? ._ ............- ....- .0U it x 4 7 i t 4 k ¦ FLORID A LEAGUE OF CITIZ8 PUBLr RISK AERVICLB P48T FFICE BOX 530063 ' 0 FL 32853-0095 lA.LU..a" , . I 00HCUH 344-5767 ? .-. rrr r FAX MESSAGE COVER SHEET FAX NUMBER (407) 425-9378 Pleas deliver the following pa es(e) tot Nam O ! A'? _5 compa y/city: RAPA Ho. 1 /? YL' a From ! Qit?' Ref 4/?C ri/j77l W l v? G? a J c4- " e- r /v /j .? 4r?ca f? At. I ?? C-.vIC ( t{ - Total Pleaa? DaEe I umber of Pageo lbeluding Cover Shoat, call 407-425-9142 if you do not receive all pages. nt: j.2 I I.xh ih i t R Inn' S3I 1 11 Jn H3-1 MI-4 1.1088 IcIF:I cCt 81 9M) ¦ .1 r E+ ?ao N U O 1?4? cn E U U W m~ . -? w 1. - 10 IL co `a a) 2 f- Lb 0 a - o w N Li 0 w ?. m CL 000 cc g c w- r ?-? L 0 CITY OF CLEARWATER PRODUCT DESCRIPTIONS EXCESS PROPERTY - Premium: $118,032. Provides Property coverage to a limit of $75,000,000 excess of a $250,000 Self hlsured Retention (cie(foctible) for City property .(buildings, contellts, equipment, vehicles etc.) EXCESS CRIME - Premitllll: $6,071.00 Covers Employee Dishonesty (except Finance Director and Assistant Finance Director - who are covered by other bonds) for $775,000, forgery by non-employees for $475,000, thrift on and off the premises for $50,000 and computer fraud for $100,000. All coverages are siibject to a $25,000. deductible. EXCESS IVORKERS' COMPENSATION - Premium: $56,747. Provides Statutory coverage excess of a $300,000 per occurrence Self -Insured Retention (deductible) for Workers' Compensation exposures. Also provides Employers Liability up to a limit of $1,000,000. BOILER & MACHINERY - Premium: $5,912. Covers. "sodden and accidental" occurrences to a $10,000,000. limit with a $10,000 deductible to specified pressure vessels and/or machinery (e.g. water heaters, air compressors and boilers). FLOOD ("NO FIRST BITE FREE") - Premium $27,623. Provides Federal flood coverage for certain properties.that would.otherwise not qualify for full Governmental disaster assistance in case of flood damage, unless Maximum coverage is purchased through the Federal Flood Program (maximum coverage per location is $200,000. Building and $200,000. Contents). MARINA OPERATORS LEGAL IjAmixrY - Premium $10,500. ;¦ Covers liability to a limit of $2,000,000 arising from operations of city marinas subject to a $10,000 deductible. F111,1I'A - Premium $8,720. Florida Petroleum Liability Insurance Program Administrators - Third Party Pollution Liability to a limit of $1,000,000 subject to a $100,000 deductible for scheduled tanks. Qualifies City for Restoration Program in conjunction with Florida Dept. of Environmental Regulation. t Exhibit D J} , 1 , f rF(y' j I- ¦, z F Z dO ? rte-. U 0 O ?. V O E-f ?Ln F ? r. U U N x Q fn V3 C:N I GN rn Z ro Z / n n fT Cti Z Z .. Z ?, in i+ a ao M ?p C4 `? Lr) f l - M VI CI (- M to V) +n t? 4A V) to to V! g ? n IT < O Z ! 7 v? z z C fn n M M ? v N M M > V) in V1 Vi yr tH t) V) V) _ 0 C) M co m f 00 M cc ?1 a Q p m M C ¢ 't 0 W C?1 'Vn (T Lr) Z r V Z Z Z n ? tn C \ en t- `T 4 tH V) in V) An (10) v) to tfy v i 4.3 f) 4 § 2 5 r_ ci v O nl co p r t G It w -T C% R C Z Z Z rf o Z r ? S V) V3 (n V} U) V) , o o Q O a C ? 4 Q ¢ ¢ It ? Q Q , f ni Z Z Z Z Z ? Z Z Z Z M t?l 00 in r O O M V) V? V3 V1 iF] tR VY g 0 ? a g e o fn o o p G p f+0 p CA '1 0 M z C a < O O O fn 00 Z in I t0 r In z \0 Z Z C11 G rq T U) to Vf V) V) tf} to V? V? V) tH VY 0 o c to 0 0 0 0 c in .. v o CD C ) ar t o ? ? o Z Z Z Z C) C\ 00 00 V? to V? t?? V) V9 to Vk 46 V Q a O ?Q g p C t0 M O O Er Q '* Q Q `^ trr in o T Z Z Z Z Z c tn tI3 V> +n Vi V) to - V) 4A (.> 00 tMiy p G Q ` O L L?'"i. p Ch tn kn 00 p o S ?`? C? cw n r C < C ?? O i t lr? M - %3 Lr; Z z z z Z Z C%l C11 to v3 to V) V) V) V) of V> VMi O p Ch to - fn G M O M p M o rn h Q C, M ni to go O .? O o ?i `n Z Z Z Z 'L Z o oc C tn %D Vr v> to Vl V3 403 t Q f b G:.a O U .1 J D L.1 L w W = 2 Y - L V ?: CL C:. F- c i f ri ^a n qS U 3 T 0 0 0 Exhibit E. t i ?f 17 =1, , • 1 ? W ? Y' 1q•? V 1? r r 6 1 ? 11 trtr ??eyy ? 1? ? S M • 1 I 1 1 O? i N N N H •s 1 t o k/ M ! p .qp I ? WW O v ? l w ?O 1 G K 3 1 ? p 1 i ! Q? i P ? F1 O I ? K N F? hi V = ; ? s •i. !i W 1 y .fpy y ??Nyy .1 1 W 1 / f 1 M M sry 1} } O ? W W eN? „ Ny N Ir ?? e ~ r ( N 1 1? rs ? ? ?7 1'1 f. ^ d N 4 ' k 1 I Y I? r ?+ \ t . ? i ly y ¦ M C p M pJ •4 •I ? S w !F • N !# r E , ? . o Exhibit F :1.' ?SEAI•• I tem N Cleaxwalci City Commission Meeting Date: 09/03/42 Agenda Cover Mctrnorzmdum frE? CONSENT, A45 NRWNPM SUBJECT; Renewal of Property and Casualty Insurance Coverage for Fiscal Year 1993. R ECO M M E N DATI O NN OTI O N: Approve the purchase of property and casualty insurance through A.J. Gallagher, the City's Insurance Broker, from the City's present insurers under the same terms and rates as those for Fiscal Year 1992 in the total ani,ount of $140,515 for coverage from October 1, 1992 to October 1, 1993. ® and that the appropriate officials be authorized to execute some. BACKGROUND: The City's Insurance Broker, A.J. Gallagher, has recommended that the City renew its Property and Casualty Insurance Coverage for FY 1993 (October 1, 1992 to October 1, 1993) as follows: Insured Risks Property (Layer 1) (5 mil), Property (Layer 2) (70 mil) Crime & Dishonesty Boiler & Machinery Marina Operators TOTAL PREMIUMS Insurer Premium International $ 75,000 Hartford $ 43,032 Hartford $ 6,071 Kemper $ 5,912 Hartford $ 10,500 $140,515 The City Risk Management staff has reviewed the coverages, rates and firms recommended and concurs in the Insurance broker's recommendations to renew policies and continue with the insurance firms that were the winning bidders for FY 92. All property risks are covered at levels and rates which taken together represent an optimum property and casualty insurance program. . The purchase of this property and casualty insurance coverage has been provided for in the FY 1993 Central Insurance Fund Budget which is programmed at a level of $140,515. l Reviewed by: Legal N/A Originating Dept: I DDAS/Risk Management j ! Costs: s 140,515 Total ission Action: Approved I Budget Purchasing , ? 92 - 93 ? Approved u/conditions Risk Mgmt. L User Dept: Current Fiscal Yr. D ? Denied Cis ? Continued to: ACH Funding Source: Other ? Capital Imp. Advertised: ? Operating Attachments: Date: ® other CIF t ' 1 Paper: 2 ® Not Required 5 'tt by: Affected Parties ® None Notified Appropriation Code: 590.7000-458/590 City an ® Not Required 0 Pr on ad on recycled paper SEAi•? Item # Meeting Date: 09/03L2 ''' f? Clearwater City Commission - " Agenda Cover Memorandum TEA CONSENT Ar's o'L 34 4,001 SUBJECT: Renewal of Excess Workers' Compensation Insurance. RECOMMENDATION/MOTION: Authorize payment of $56,747 for the renewal of excess workers' compensation insurance coverage through Florida League of Cities for Fiscal Year 92/93. 0 and that the appropriate officials be authorized to execute same. BACKGROUND: The City Administration, through its Risk Management Division, recommends renewal of excess workers' compensation insurance coverage for Fiscal Year 92/93 as shown below. Insurance Insured Risks Insurer Broker Premium Policy-Period Excess Workers Comp. FMSIF Florida League coverage ($10,000,000) of Cities $ 56,747* 10/01/92--10/01/93 TOTAL PREMIUM S 56, 7_47* *This figure is based on modifying the current insurance policy by raising the Self--Insured Retention (SIR) from $250,000 to $300,000. To renew the current policy in its present form with a $250,000 SIR will require a premium increase of $16,757 or 19 percent from $70,942 to $87,699, but if the SIR is raised to $300,000 the premium will be $56,747 rather than $87,699. Funding for purchase of this insurance coverage has been provided in the Central Insurance Fund Budget for Fiscal Year 92/93. 'M s? it •?t Reviewed by: Legal N/A Originating Dept: (i DOAS/Risk Managemont ,I Costs: _S 56,747 Total ission Action: Approved Budget Purchasin ql S 56 747 13 Approved w/conditions g Risk Mgmt. User Dept: Current Fiscal Yr. ? Denied Cis R/ 13 Continued to: ACM ? - Funding Source: other ? ? Capital imp. Advertised: 0 operating Attachments: Date: ® other CIF Paper: " ® N R i d Y equ re ot submit by Affected Parties None ? Notified Appropriation Cade: 590-7000-458/590 kJ Not Required City Manage 00 Printed an recycled paper S ?+- a? rrti ? _4 ??y?rEA?r?oR Clearwater City Commission Agenda Cover Memorandum CONSENT Me g 09/03/92 4S!3 SUBJECT: Renewal of Flood Insurance Policies for Fiscal Year 92/93. RECOMMENDATION/MOTION: Authorize payments not to exceed $35,000 for purchase of flood insurance coverages for specific City-owned property as shown below for fiscal year 92/93. 0 and that the appropriate officials be authorized to execute some. BACKGROUND: Arthur J. Gallagher is the broker for the flood insurance program for the City. The premiums are paid directly to the insurance company by separate check for each piece of property insured. The premiums are the same regardless of the insurance company issuing the insurance coverage. The City is obligated to purchase first dollar flood insurance coverage on the property shown below. The City Administration through its Risk Management Division recommends renewal, of flood insurance policies as shown below: Policy Policy Number Description of Building/Contents Total Period Insurance Co. Insured Property Value Value Premium 11/12/92- 09-7085776-02 40 Causeway Blvd. 200,000/200,000 2,833.00* 11/12/93 Bankers Civic Center/Library 11/12/92- 09-7085778--02 3141--3157 Gulf To Bay 200,000/-0- 1,125.00* 11/12/93 Bankers Waste Trmt Ctr. 11/12/92- 09-7085780--02 60 Bay Esplanade St. 200,000/91,400 2,313.00* 11/12/93 Bankers Recreation Cmplx 11/12/92- 09-7085781-02 25 Causeway Blvd. 200,000/-0- 1,125.00* 11/12/93 Bankers Marina offices Reviewed by: Legal N/A Originating Dept: DOAS/Risk Management Costs: S 35,000 Total Cocpnission Action: Z A d ` pprove Purchasing ? ' iv 92 -93 13 Approved u/conditions Risk Mgmt. IN" - User Dept: Current Fiscal Yr. ? Denied cis 0^ l N/A ? Continued to: ACM Funding Source: Other ? Capital Imp. Advertised: ? Operating Attachments: Date: m other CIF Paper: i d ® Not Requ re S i Affected Parties ® None Notified 13 Appropriation Code: 590-0155/130 Not Required City H n ger i 40 nted on recycled paper T 1 ., 2 ;r 3 35 i 1/31/93- 1/31/94 - 09-7089717-02 Bankers 1700 N. Belcher Rd. Fire Station 200,00 0/ 68,900 3,464.00* 6/12/93- 6/12/94 09-7094712-00 Bankers 534 Mandalay Fire Station 200 000 ! /200,000 2,695.00* ' 6/12/93- 6/12/94 09-7094713-00 Bankers 700 Bayway Blvd. B 200,000/ 57 900 each Police Sta. , 593.00* . 9/2$/92- 9/28/93 FLD1254051 South Carolina 1605 Harbor Dr. Waste Water 2Q0,000/ -.0 - 6 470 00* Trt. Plt, , . ' 8/03/92- 8/03/93'" 0007240678 Bankers 1001 Gulf Blvd. 200,000/ 50 000 7 Clearwater Sailing , , ,005,00 Center TOTAL $27.623.00 w * Estimated Cost f S f ;1 i. N ,; CITY OF CLEARWATER Interdepartmental Correspondence T Y To: Mayor and Commissioners From: Cynthia E. Goudeau; City Clerk Copy: Michael J. Wright, City Manager Subject: Sailing Center Variance A variance was granted by the Building Board of Adjustment/Flood on December 19, 1990. This variance allowed the Center to be built at an elevation of 8 feet instead of the 12 required by the A-1 1 flood zone in which this site is located,;;. As indicated by Gallagher-Bassett, this is the reason the premium charged for flood insurance for the Sailing Center is higher than that for the Police Sub-station. If additional information is needed, please let me know. is - t f? r r'y a .4 1 ??3. • i? A Mee rap 09/03/92 o Clearwater City Commission 3 Agenda Cover Memorandum CONSENT SUBJECT: Claims Service with Gallagher Bassett Claims Services, Inc. for the handling of liability and workers' compensation "run--out" claims for fiscal year 92--93. ? u..r.r i w i. u u r• uwrw RECOMMENDATION/MOTION: Approve Addendum One attached for extending Contract for claims service in the amount of $26,589 with Gallagher Bassett Services, Inc., for handling "run--out" liability and workers' compensation claims for the fiscal year October 1, 1992 through September 30, 1993, 19 and that the appropriate officials be authorized to execute some. BACKGROUND: The City Administration through its Risk Management Division recommends approval of Addendum one contract with Gallagher Bassett Services, 'Inc. The attached contract provides for handling of "run--out" liability and workers' compensation claims for fiscal year October 1, 1992 through September 30, 1993. Funding for purchase of these services has been provided in the Central Insurance Fund Budget for Fiscal Year 92/93. i.1 ? Reviewed 6y: J originating Dept: Costs: S 26.589 Commission Action: Legal Budget DOAS/Risk Managem? Total )< Approved Purchasing I 92-93 13 Approved w/conditions Risk Mgmt. User Dept: Current Fiscal Yr. Denied cis A C] Continued to: ACM Funding Source: Other ? Capital Imp. Advertised: ? Operating Attachments: Date: ® other CIF 1. Service Contract ?.? Paper: 2. Addendum one 0 Not Required S Affected Parties ? None Notified Appropriation Code:' m 590-7000-458/590 ty Manag Ci Not Required 400 Print on recycled paper i r, ¦ i ?1 01 ..eN GALLAGHER SASSETT SERVICES, INC. CONTRACT FOR SERVICES s PARTIES City of Clearwater, Florida (hereinafter 'CLIENT') hereby retains Gallagher Bassett Services, Inc, (hereinafter 'GB") to perform the services listed an Schedule V. TERM c .I r This contract shall be In effect from 1010191 through 9.`30192. ATTACHMENTS ' Attached hereto and made a part hereof are the following schedules: ' 1• OBLIGATIONS OF THE PARTIES 11. BANKING III. TERMS AND CONDITIONS IV. DEFINITIONS V. SERVICES AND FEES CITY OF CLEARWATER, FLORIDA ey Title: Dal ADDRESS: P, O. Box *.fTt, r, I+ FL--" ja--4748 ATTEST s +? c.a 11` +Qi?, M i Cynt-h ia. 'Geu eau.27 C ?,,. Pierk • ???? ?? ••.? -?+???(„ Vim. fq' CoM•lr{111) (i'11itii.'.??? ' GALLAGHER 13ASSETT SERVICES, INC. By: J CK AR OG ARESIDE T FI?tANCE Date: ADDRESS: Two Pierce Place Itasca, IL. 60143.3141 K .f F' N 5 r .2. SCHEDULE 1 913LIGATIONS OF 111E EARIIES k Obligations of GS (313 agrees to perform the following services: r 1. With regard to Claims Administration, OB shall: a. Review each claim and loss report submitted by the CLIENT during ilia term of this contract. b. Conduct an Investigation of each qualified claim or loss to the extent deemed necessary by GB. C. Maintain a file for each qualified claim or loss which shall be available for review by the CLIENT. d. Adjust, settle or resist ail qualified claims or losses: 1) within the stated'discrotionary settlement authority limit; 4 2) with specific approval of the CLIENT, it outside the stated authority limit. e. Perform necessary and customary administrative and clerical work in connection with each .1 qualified claim or loss, Including ilia preparation of checks or vouchers, releases, agreements and other documents needed to finalize a claim. f. Establish and update claim reserves as needed. g, Assist the CLIENT in establishing a banking arrangement for loss and expense payments as set forth in Schedule II. h. Notify CLIENT, CLIENT's agent or carriers, as designated by the CLIENT, of all qualified claims or losses which may exceed. the CLIENT's retention and, if requested, provide information on the status of those claims or losses. I. Coordinate Investigations on litigated claims with 'altorneys representing the CLIENT and with representatives of ilia excess carrier, as required. N Is expressly understood 11121 all legal costs acid loss payments will be charged to ilia CLIENT. J. Have OB's internal product Support staff review large and unusual claims at no additional cost to the CLIENT. 1) Investigate and pursue subrogation possibilities in behalf of the CLIENT in all states permitting subrogation. Funds received from all subrogation collections shall be considered revenue of the CLIENT. k: Maintain an automated loss and information system, and provide the CLIENT with reports from 111SX-FACSO as set forth in Schedule V. 1. Provide forms, as determined by GB, needed to administer the CLIENT's program. Cant t 1110 401 i .3- M, Provide additional ad hoc Information, analysis, reports and services on a time and expense basis. n. Assist the CLIENT In selecting appropriate exports or specialists as Ilia claims may require, o. Provide personnel nodded to perform the services agreed to herein. 2. Wilh respect to Soil-insurance Qualificallon, 08 'shall assist the CLIENT In the filing of periodic reports and renewal applications required by state administrative agencies. All fees and assessments In connection with such are the obligation of ilia CLIENT. 3. With regard to Risk Management Consulting and Appraisals, OB shall provide the services set forth In Schedule V. 4. Provide other services as set forth In Schedule V. B. Obligations of CLIENT 1. CLIENT shall pay GB for services the sum set forth on Schedule V. 2. CLIENT shall provide funds for ilia payment of qualified claims or tosses and allocated loss expenses. GB shell not be required to advance funds to pay losses, allocated loss expenses or bank charges. ' 3. Foes are payable upon receipt of invoice. GI3 reserves the right to charge 10% per month on balances unpaid after 30 days. ;?' SCHEDULE II BANKING - SIMMS GB will provide an on-line check Issuance and banking communication system known as "APACS," which provides for automated payments and control. The account will be funded with Citibank to administer a SIMMS cash management program. Such cash management program will deal directly with the funding program of the CLIENT's banking facility. G8 will assist ilia CLIENT in establishing the initial imprest'opening balance of the fund. The details of the CLIENT's program are set fonh in a letter agreement betweLn ilia CLIENT, Citibank N.A. and Arthur J. Gallagher & Co. (GB) (hereafter the `Account Parameter Agreement"). In addition, GB will analyze ilia account from time to time and will submit advisory reports and required adjustments to the imprest/oponing balance. Changes to the frequency of funding andlor imprest/opening balance will require ilia execution of a now Account Parameter Agreement. GB will charge an annual fee for theso services. It is expressly understood that OB shall not be required to advance its own funds to pay any of the CLIENT's obligations. In tho event of cancellation or nonrenewal of this contract, CLIENT agrees to fund Citibank in an amount sufficient to fund all of the CLIENT's,outstanding obligations. if, at any time, CLIENT fails to provide adequate funding, GB sttali issue "stop payment" orders on outstanding payments. CLIENT agroos to iodomnlfy GB for any losses resulting from CLIENT's failure to fund its obligations, Arty bank charges resulting from iriedequate funding including, but riot limited to, intorost, stop payment charges and ovordiall lens shall be (ho obligations of the CLIENT and shall be trilled to tho CLIENT when known. GS shall have tl+o right to convert the CLIENT's program to either daily?cloaranca or voucher upon 48 hours notice to the CLIENT. Ca"1 i1110 901 F? .4- s` } f SCHEDULE III TERMS AND Q9NDIT1ON5 A. Terms of Cancailation_or Nonrenewal - This contract shaft terminate upon the expiration of the current term. A reduced RISX-FAGS reporting package will be provided as tong as GB handles the claims. If the CLIENT fails to pay GB's service fee, GB shall have the right to terminate the contract prior to 91,10192 by giving the CLIENT ten (10) days' notice In writing, GB will Ilion promptly return all files to the CLIENT in an orderly manner. Costs for file transfer shall be the obligation of the CLIENT, ©. I'ra_ctice_of_Law - GB will not perform any services which may constitute the unauthorized practlcq of law. C. Mutual Indemnification - 08 agrees to defend, Indemnify, protect, save and keep harmless CLIENT from any and all loss, cost, damage or exposure arising from the negligent acts or omissions of 08. CLIENT agrees to defend, Indemnify, protect, save and keep harmless GB from any and all loss, cost, damage or exposure arising from the negligent acts or omissions of CLIENT. D. Notices - Any notice required to be given under this contract shall be sent by certified mail to the following in the case of GB: Jack H. Lazzaro Vice President Finance ' Gallagher Bassett Servicdg, Inc. The Gallagher Centre Two Pierce Place Itasca, IL 60143-3141 E. and in the case of the CLIENT: Mr. Leo W. Schrader Risk Manager City of Clearwater, Florida P. O. Box 4748 , Clearwater, FL 34618-4748 Settlement Authority - The limit on any settlement payment by GB shell be FIVE THOUSAND Dollars ($5,000). This amount may be changed by the CLIENT upon written notice to GB. It is agreed that GB shall have full authority In all matters pertaining to the payment, processing, Investigation and administration of qualified claims or losses within this limit. Failure of GB to settle a qualified claim or loss within such limit shall not subject 013 to liability to any party In the event of an adverse judgment entered by any court or the settlement of such claim or loss for any amount In excess of such limit. rn„ s Ir Ito lot F. Successors - This contract shall be binding upon and shrill Inure to the benefit of all assigns, transferees and successors In Interest of !ha parties. G. Modificalion - This contract represents tyro entire agreement bolween Ilia partlos and may be modified only In writing. GB reserves the right to charge additional lees it service terms are modified. H. Confidentiality of Data - All data furnished by the CLIENT, or genereled as a result of sorvices performed Linder this agreement, and other Information dosfgnateff by the CLIENT In writing, shall be treated as confidential. GB reserves ilia right to use stallslicrrl Information or other data, so long as the CLIENT's name and/or confidential data are adequately protected. 1. Stylus - It Is undrrrslood that GB Is engaged 1o pnrform services under this contract as an Independent contractor and not as an agent of ilia CLIENT. This contract shall be governed by the laws of the Slate of Florida. J. Cost Containmonl - If OB provides cost containment services for the CLIENT's program at CLIENT's written request, GB shall receive a fee for these additional services. K. F7eporiiniq - GS will not assume lhril other coverage (unknown to (38) exists for a qualified claim or loss. C313 shall riot be responsible for reporting to carriers on a type of claim or loss not managed by GB. L. Pro erty_Cala_strophe Charges - Any property loss involving multiple locations as a result of natural disasters from a covered peril will be billed at time and expense at GB's prevailing hourly rate. M. Fines and Penalties - G8 shall not, be responsible for any fines or penallies assessed by any governmental agency because of the acts or omissions of the CLIENT, or by prbvious or successor claim administrators. '" SCHEDULE IV DEFINITIONS Oualifled toss or Claims - G8 will Investigate and adjust any loss or claim occurring within [tie service term, 1 provided the loss or clalrn type is identified In Schedule V. Allocated Expenses - Shall be ilia responsibility of the CLIENT and shall Include, but not be limited to: • lognl ferns • professional photographs • medical records • exports' rehabilitation costs • accident reconstruction • archilects, contractors • engineers • police, fire, coroner, weather,•or other such reports • property damage appraisals • extraordinary costs for witness statements • official documents and transcripts ce",IF(16 ni • sub rasa Investigations • medical examinations • extraordinary travel made at CLIENT's request • court reporters * fees for service of process • pre- and post-judgment Interest paid • chemists • any other similar cost, fee or expense reasonably chargeable to the Investigation, negotiation, settlement or defense of a claim or loss which must have the explicit prior written approval of the CLIENT . •. a SCHEDULE V r SERVICES AND EEE§ ? a CI!6nt: City of Clearwater Florida Service Period: From 1011191 through 9130192 G8 Client 0: 000149 SERVICES PROVIDED: Intl, SERVICES PROVIDED: Incl. A. Claims Administration P3 Mail Auto Liability-Bodily Injury (AS) Other: Auto Liablllty-property Damage (Ad) C. Lose Funding r Auto Physical Damage (APD) SIMMS _ General Liablllly•Bodiiy Injury (OB) _ Voucher General Liability-Property Damage (GD) _ D. Supplemental Products Liablllty Loss Notice Program Professional Liability Reporting Level i Property (PR) Topical Captloned Reports , Workers Comp (WC) Reporting Level ,$ WIC Mod Only Meetings , Indemnity Settlement Authority S Other: k)dax Bureau Run-Off Coordlnatfon Assumption ti Sal UplProgtam Other: , Incident Proceseing B. Information Services Record only Processing RISX-FACSe Update Appraisals Seduced Report Package Risk Inepeclions NonStandard Reports Other: MICRO-F'ACS• E. Risk Management Consulting Terminals 8 Printers Losa Control • _ Days Data Trans fer-Fronter _ Risx-Control Consulting, Data Transfer-Client Omer: TOTAL. $36,649 9? ADDITIONAL SERVICE TERMS AND CONDITIONS: Client will be billed $200 per open clalm during the service period plus a one time charge of $30 per Workers' Compensation Medical Only claim, plus annual RISX--FRCS and SIMMS fees, BILLING AND PAYMENT TERMS: Fee of $36,649 is payable In 1 installment of $36,649 beginning 1011191. I 1 , i f 4i i II S i i s t r C01411 11a901 % AbDENpU{-ONE TO CONTRACT FOR SERVICES SETWFEN CI'T'Y OF CLKARWATEn AND GALLAGHER BASSE'TT SERVICES, ItPC. EXECUTED MARCH 27, 1992 THIS ADDENDUM is entered into by and between GALLAGHER BhSSE'TT SERVICES, ItrC., a Delaware Corporation, hereinafter referred to as "GH" and CITY OF CLEARWATER, hereinafter referred to an "CLIENT". i WHEREAS, the parties hereto have been operating pursuant to the terms of a Contract For services executed the 27th day r' March, 1992; and WHEREAS, the said Contract will expire by its own terms at midnight an September 30, 1992; and WHEREAS, the parties desire to extend the term of said contract For services executed the 27th day of March, 1992, and make other changes thereto; NOW, THEREFons, the parties agree an follower i 1 1. The original term of the Contract For Services executed the 27th day of March, 1992, is hereby modified and the name shall be effective for an } f additional period of twelve 112) months from October 1, 1992 through September 1 6 30, 1993; and shall remain in full force and effect as herein modified during r nn Ld extended term. 2. Schedule V (Services and Fee") in hereby modified by substituting n new schedule V in the form attached hereto providing for a Total Fee of $26,5x9.00 payable in one installment dud an or before 10115/92. 3. In all other respect, except as modified herein, the said Contract For Services executed March 27, 19920 is hereby ratified and confirmed. 4 • i Jr n ' M DATED THIS day of Septsnmber, 1992 } L? GALLACHF?t DASSE SERVICES, INC. 13 Ito -Duly Authorized Repxeeentakive is Counteznigneds 3 34 CITY OF CI,EARWATER. FLORIDA 3 i R to Garvey By: Mayor-Cotnm,iasiouer c ae Wr g t ? City Manager Approved an to form ATTESTr and correctness M. A. Galbraith, Jr. City Attorney Cynthia E. Gaudeatt f • j r k• ^ r i? SCHEDULE V SERVICES AND FEES Cit of Clearwat Gg Client #: Q00'149 Client e r SERVICES PROVIDED: Incl. Period: From 1011!92 through 9130!93 Service Incl. SERVICES PROVIDED: --- PS Mail A. Claims Administration ptl,er.?--- Auto LiabilitY-BodilY Injury tABI ?- C. Loss Funding ' Property Damage(AD) x T,1 Auto Liability- SimMS r- Voucher ' i Auto Physical DamagelAPD11 i General UabiiitY-Bodily injury(GB) Supplemental '. Damage(G17) ---- D ? General LiabiliY-PropeftY Lass Notice Program Products Liability Topical Captioned Reports Professional Liability Meetings .r Settlement Authority Sr PropertytPRl r Workers ComptWC) index Bureau W!C Med Only r Coordination ; . indemnity Set UplPragrarn Run-Off: x 52400 Incident Processing $175. each' Record Only Processing --- • 129 claims @ - Assumption Update Appraisals Other'_-- Risk inspections B. Information Services Other:_?- RISX-FAGS Management Consulting x S.?lf E. Risk . Reduced Report Package Loss Control Days j Non Standard Reports "r MICRO-FAGS TOTAL 52n 6' x rind plus annual RISX-FACS and SIMMS fens. ADDITIONAL SERVICE TERMS AND CONDITiON5: billed $175 per open claim during the service pe Client will be TERMS: inning 10/1192- a able in 1 installment of $28,589' eg BILLING AND PAYMEN Fee of $26,5B9. is payable in 1 installment i *Number of claims to be determined as of 9130!9 SEi~L¦. ? TfO Clearwater City Commission Agenda Cover Memorandum CONSENT Date 09/03192 55 SUBJECT: Claims service with Johns Eastern Company, Inc. for Fiscal Year 92/93. RECOMMENDATION/MOTION: Authorize the purchase of claims service (liability and workers' compensation) from Johns Eastern Company, Inc. for Fiscal Year 92/93 at an estimated cost of $ 72,944.00 , with a deposit of $44,387 as provided for in the three year contract with the company. ® and that the appropriate officials, be authorized to execute same. BACKGROUND: During Fiscal Year 91-92 Johns Eastern Company, Inc.'of Sarasota, Florida (hereinafter referred to as JE) provided liability and workers' compensation claims services to the City of Clearwater for the first year of a new three year contract for new claims arising on or after 10/01/92. These services included claims administration, claims adjusting (investigation and settlement) and loss prevention and loss control services. The second year of the JE contract will begin on 10/01/92. The deposit required by the contract for the handling of workers' compensation cases under the contract is the sum of $44,387. Fees for processing liability claims sent to Johns Eastern are billed to the City monthly by Johns Eastern. The City Administration, through its Risk Management Division, recommends the purchase of claims services from JE for Fiscal Year 92/93. Funds for this service have been included in the Central Insurance Fund Budget. This proposal does not include the handling of old run-out claims now being handled by Gallagher Bassett Services, Inc. The handling of such claims is the subject of a separate contract and agenda item. Reviewed by: originating Dept: costs: s 72,944.00 C i ss i on Action: Legal DOAS/Risk Managemen Total Approved Budget Purchasing ? 92-93 © Approved u/conditions Risk Mgmt. User Kept: Current Fiscal Yr. 13 Denied cis A ? Continued to: ACM Funding Source; Other 13 Capital imp. Advertised: © operating Attachments: Date: m Other CIF Copy of Service Contract Paper: i d j Not Requ re g t by; Affected Parties © None 13 Notified Appropriation Code: J 594-7000-459/590 0 Not Required Cit Man g n fad Pri Ut d on recycled paper SERVICE CONTRACT FOR MULTTPLE LINES ,,CL,AThtS?llANhI,Ti;IG THIS SERVICE CONTRACT FOR AUTOMOBILE LIABILITY, GENERAL LIABILITY AND WORKERS' COMPENSATIOU CLAIMS HANDLING is made and entered into this _Z.1 _:5?t__ day of December 1991, but is effective: for all purposes as of the Ist day of October, 1991, by and between the CITY OF CLEARWA` ER (referred to as the "City") , and JoHNS EASTERN COMPANY, INC. (referred to as the "Service Agent-"). WITNESS ETII : t t I r WHEREAS, the City has undertaken to self-insure its Automobile Liability, General Liability and Workers' Compensation Liability in accordance with the Florida Workers' Compensation Law and, other applicable Florida statutes and regulations; and WHEREAS, the Service Agent is engaged in the supervision and administration of programs for self-insured Cit-ys; WHEREAS, the City desires to engage the Service Agent for, and the Service Agent desires to assist: the City in, auLomobile liability, general liability and workers' compensation claims handling; NOW, THEREFORE, for and in consideration of the premises and of the mutual obligations, performance of services, and payment of compensation set: forth herein, the parties agree as Eollows: 1. gnus agemejjt. The City liereaby engages the Service Agent to supervise and administer the Self-Insured Workers' Compensation Program of the City In accordance with the 14ozkers' Compensation Law as adopted acid amended by thu State: of Florida (tile: "l+aw") and the applicable. ru'lut.; and regulations as promulgated by the applicable, aquiic:ieu ul: tile: State of F1o>_ ida rulating to the Law (thu "!tu 1 uu"j , all in accordancu with the Survicu AgenL+s propoual dated September 12, 1991, a copy of which is aLtac:.hud huruLo and 1ncorporaLed herein by this ref e:rc:nc:c: (thee "I)roposa 1") . 2. zQrm. S?lb jeCt; to i:eriiii nat i on j')M:Suant to parayraph 13, the term of this Acji uc.mLmt L;ha l l begin a:j of (c;kol)c:r 1, 1.991 and ;Tall turminat_e: oil SupLuitibur :30, 1992); pc•ovide-rd, however, that ,Lh1:; Aque:ement ;;hall renew automatically for two additional one-year turms unless Otherwise tUFMillut Ud. 3. Fund or K.. apant of C]AJMg. The City has the sole obligation and responsibility for funding the payment of claims made by its employees under the Law and Rules. The Service Agent assumes no duty to fund any such claims at any time and shall have no obligation to advance funds for any such payment. The City agrees to w a i nta i n all necessary funds for payment of claims in accordance with the Law and Rules and to inform the Service Agent of all, relevant details with respect to any such accounts ill order for the Service Agent to perform its duties under this Agreement. The City shall add to or increase the amount in any such accounts as needed, and, in any event, within five (5) business days from the service Agent's notice to the City to such effect. In order to fund the payment of claims as contemplated by the terms of this agreement, the City shall transfer Ill TRUST to the Service Agent such sums not exceeding One Hundred Thousand Dollars ($100,000.00) as shall be duezoed adequate by the City's Finance Director and Risk Hanager to properly fund the payment of claims fay the Service Agent. The Servico Agent shall receive the funds ill TRUST from the City and shall hold and expend said funds in accordance with this contract and the Revocable Trust Agreement between the parties attached hdreto and made a part hereof. a. Attorneys' and legal assistants' fees for claim and any lawsuits, before and at trial, on appeal, or otherwise; 4. Allocated Claims ExP_2n 2- "Allocated Claims Expenses" shall, be defined as the following expenses arising in connection with the settlement of claims, which shall be directly allocated to a particular claim to be diochsrgud from the accounts funded by the City speci.tied in paragraph 3: b. Court and other litigation and settlement expenses, inCludintl, wit•huctt 11t1tit;AtiOl1: •R . (i.) Medical examinations to determine extunt of liability; (ii) Expert medical and other testitttony; Laboratory, X-ray and other diagnostic Lasts; (iv) Autopsy, ;aurkj1cal roview:;, zind other pathology :acrviuc:*; (v) Physician and related' foes and a>.jjenaes in rU adi ny, i tit:car 4ar4t i n(j, o pu1-Curmi siU atty of tilt: foa: egoiiiy teot.s or sur vi c u:e ;; 2 fl, e. E 0 k' (vi) Stenographer, process server, and other related trial preparation, trial, settlement,, and court costs; (vii) Witnesses fees and expenses before and at trial, deposition, settlement discussions, or otherwise; and (viii) Fees and expenses for surveillance, private investigators, or otherwise. e. Photocopying and review of relevant documentation. 5. compensation for the Service 7AggIft, For performing its services under this Agreement, the Service Agent shall be entitled to the following compensation: a. The fee for handling workers' compensation claims for the City of C] earwa ter whose dates of loss fall between October 1, 1951 and September 30, 1952 will be at a per claim basis of: Lost Time $125/exposure Medical only $125/exposure 'r The fir--t year's fee will be subject to a $41,875 minimum and deposit, b. Fees for the second year of the contract, October 1, 1992 to September 30, 1993, will be at a guaranteed maximum of a 61 increase over the first year's fee. Fees for the second year of the contract will be subject to a $44,387 minimum and deposit. c. Fees for the third year of the contract, October 1, 1993 to September 30, 1994, will be <it a guaranteed maximum of a 7% increase over the second year's fees. The third year l s fees will lie sill}ject to a $47,495 minimum :anti deposit. d. The fee for handling liability claims for tho City of Clearwater for cx;jostyru:s wf1U;;U datu:; of lu:;s fall between October 1, 1991 and September :300 1992 will be at a rata per exposures of: Automobile Liability/Bodily Injury $245/exp. Alttoi:iobile Liabj l i t•y/Ijroj)urty Damage $1 50/exp. Gunui:?%l Liabi l i Ly/Bodily Injury $245/UY-11. Gunc:ral I'lat}iIity/l'raperty Uuinagu Y,t50/c;xil. ` 3 i 1 ? e. Fees for the seCOna year 11 1992 to September 30, per exposure of: of the contract, Oc;tc be-r 1993, will be at a rate Automobile Liability/Bodily Injury $260/exp. Automobile Liability/Property Damage $153/exp. General Liability/Bodily Injury $260/exp. General Ili abi l i ty/ Property Damage $159/exp. f. Fees for the third year of tile contract, October 1, 1933 to September 30, 1994, will be at a rate per exposure of: Automobile Liability/Bodily Injury $278/exp. Automobile Liability/Property Damage $170/exp. General Liability/Bodily Injury $278/exp. General Liability/Property Damage $170/exp. g. Fees for loss control services will be $700.00, plus expenses, Fuel for the tsccond year would be $750.00, plus expallt;es. Fees for the third year would be $800.00, plus expenses. 11'111s will cover two (2) loss'cont;rol days annually. The above fees cover the adjusting services previously outlined in our Proposal dated September 12, 1991. All years are subject to audit. Notwithstanding anything in this paragraph 5 to the contrary, the City agrees to bear the cost of printing checks in connection with the payment of claims or otherwise under this Agreement. This cast is an annual charge of $650.00 per year. 6. Continuing Handing of ClaimsTtfter Termination. Upon termination of this Agreement as set forth in paragraph 8, the Service Agent agrees to continue handling without a fee all claims that have been made and reported to it prior to such date: of termination, for ninety (90) clays unl at:;s the part:ias have agreed of herwisc: In writing. 7. i?i PiitQS_F3itl?jeci:_ o__ r17 tx lion. Any dispuLe or claiin arlaing cut of or rulating to this Ayruumunt oz Liny breach i iQreaf may, but neod not,, bu r C::;uI vua by submission of such cdfsputc car Claim to an arbitration pastel composed a:; follow:;: `tire City and the SG.r vi ce Agent shall each select one member of the panel and Lhe ; a two selected membert; uhall uulect; a thjiid member. The ; partit:;; ayrt u Lo follut-j the rktli.-s of thu American ArbiLratiafl AL;!:;ucjation, t 4 t ,t. t 8. Termination. This Agreement may be terminated at any time by the City by giving prior written notice of ninety (9()) days. In the rvent of s?tch termitintion, compensation paid or payable to Service Agent under paragraph 5 s11a1.1 he prorated as (appropriate. Notwithstanding anyt h i nU in this paragraph 8 to the contrary, the insolvency or filing for relief from creditors of any party pursuant to the United States Bankruptcy Code or the material breach of a material provision of this Agreement by any party shall permit the other party to cancel this Agreement immediately upon written notice. 9. covenants of th© Service Ageni_and the city. Each of the Service Agent and the City agrees to use its normal and ordinary professional care and diligence in the performance of its duties under this Agreement and will use its .fforts to comply at all times with the Law and the Rules. 10. Indemnification. racli party agrees to indemnify and hold harmless the other and its directors, commissioners, officers, employees, stockholders, and agents against any and all claims, lawsuits, Settlements, judgments', costs, penalties, and expenses, including, without limitation, attorneys' and legal assistants' fees before and at trial, on appeal, or otherwise, resulting from the breach of, or negligence or misconduct in performing, any provision of this Agreement, by such party. or by its commissioners, directors, officers, employees, stockholders or agents, whether acting' alone or in collusion with others. 11. Miscellaneous. a. Each party represents and warrants that it has full power and authority to enter into this Agreement. b. All notices, - requests, demands and other communicatibns which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given when received if personally delivered; when transmitted if ?.? transmitted by telecopy, electronic telephone line facsimile transmission, or other similar electronic or digital transmission method; the day after it is sent, if sent by recognized expedited delivery service; and five (5) clays after it is sent, if mailed, certifiod or registered mail, return receipt requested, postage prepaid. In each case, notice shall be sent to: if to the City: City of Clearwater 5 If to the Service Agent: c. Attn: Risk Management Post Office Box 4748 Clearwater, F1, 34618--4748 Johns Eastern Company, inc. Post Office Dox 4175 Sarasota, VL 34230 or to such other address as either party may have specified in writing to the other using the procedures specified above in this paragraph. (i) This Agreement shall be construed pursuant to and governed by the substantive laws of the State of Florida (and any provision of Florida law shall not apply if the law of a state or jurisdiction, other than Florida would otherwise apply). (ii) The headings of tile- various paragraphs in this Agreement are inserted for the convenienca of the parties and shall not affect the llleaning, construction, or interpretation of this Agreement. I? (iii) Any provision of this Agreement which is deterrtlined by a court of Competent jurisdiction to be prohibited, unenforceable or not authorized in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition, unenforceability o'r non-authorization without- invalidating the remaining provisions hereof or affecting the validity, enforceability or legality of such provision in any other jurisdiction. in any such case, such determination shall not affect any other provision of this Agreement, and the remaining provisions of this Agreement shall remain in full 'forcd and effect. If' any'i provision or term of this Agreelllwl t is suscel)tiblu to two or more constructions or l rl tarrit-L!, La ti Oils, Ono': OZ liture O Which wuli l d a 1: thu provlsiOil or turill Vold or unenfarcoilbIC, thu partlus ay rue Lhat a Construc:L•ion or inter:prutation Which sunders the term or pr ovi:;iun vat Id tdia1Z }1{ Ifuvc.,rud. d. This AgreellluilL, t:ogethur with the 11avoc able Trust Agreemunt attachud huruto, uunuLl tut us t hu unti r u Agrucitiunt, area :r?q,urL;udut; all pr'i csr a(jr4?:menL:.; utlcl under:;tandirlcl:;, oval and wriLtun amony thu parties to this Ayr6ci ulit with re:31) ut Lo the L;ubject mattur hereof. 6 f f ft I ,t at (1) if, within ten (10) days after demand to comply with the obligations of one of the parties to this Agreement served in writing on the other, compliance or reasonable assurance: of compliance is not forthcoming, and the other party takes steps to enforce rights under this Agreement pursuant to either r- --rjraph 7 or 8, or otherwise, the prevai l inq party in any action shall be entitled to recover all reasonable costs and expenacs (including reasonal)le attorneys' and legal assistantol fees before and at trial, on appeal, or otherwise.) . (ii) if any monies shall be due either of the parties to this Agreement hereunder and shall not be paid within thirty (ad) days from the due date of such payment, interest shall accrue: on such unpaid amount at the statutory rate required by upplicable Florida law. f, This Agreement shall be binding upon and inure to the benefit of the successors in inture:atr and assigns of the parties. g. The parties to thi's Agreement will execute and deliver, or causa to be executed and delivered, such additional or further documents, agreements, or instruments and shall cooperate with one another in all respects for the purpose of carrying out the transactions contemplated by this Agreement. h. This Agreement may be executed in any numbeir of counterparts, each of which shall be considered an original, but all of which together shall constitute one and the same: instrument and shall become effective when each of the parties has executed at lca:at one of the counterparts even if ' all the parl:ius have not.. executed the same counterpart. i. claims-Praryohne1-Tor--Ci ty! s-,_Aaoounts Any provision of this Agreement to trici contrary notwithstanding, the City shall have the right at all times to approve any claims personnel ussignUd to handle the city's liability and woO.ors' compensation claim files. All adjusters shall be approved by the City's Risk Managor and they shall continue to handle City files uo-,long us their is services are satisfactory to the City. 7 r , If .,e city bocamus services provided or Agreement and convoys Servicing Agent, the steps immediately to satisfaction of the C: J. §?ttlement huthority?, dissatis Bd with level of to be provided under this that dissatisfaction to the Servicing Ayent shall take correct the problem to the lty. The limit on any'settlement payment by the Service Agent shall be Five Thousand Dollars ($50000.00). This amount may be changed by the City, upon written notice to Service Agent. It is agreed that Service Agent shall have full authority in all matters pertaining to the payment, processing, investigation and administration of qualified claims on losses within this limit. Failure of the Servicing Agent to settle a qualified claim or loss within such limit shall not subject Service Agent to liability to any party in the event: of an adverse judgment entered by any court or the settlement of such claim or loss for an amount in excess of such limit. k. it is understood between the parties that tho Service Agent is engaged to perform services under this contract as an independent contractor and not as an agent of the city. IN WITNESS WHEREOF, the parties have executed this Agreement for the purposes therein set forth. ;Coun d: ?.rr? Rita Garvey Mayor-Commissioner Approved as to form and correctness: M. A. Galbraith, ' r. City Attorney CITY OF CLEARWATERf, FLORIDA Michaa I1eI?T'- city BY: rT.1 r rsanac e ? Cynt ta Ali: #1cic.Litl JOHNS EASTERN COMPANY, I14C. BY J0 4 ?.? Halitlet h 14. Jokhns,( TIT l „„Illllri„,, PrusI dent 7 0,fl ,. ATTEST ?:. secretary `'?Illillll.•?•? ? O r t SE?I?ti 3/92 r a Clearwater City Commission Meego ;31_2R Agenda Cover Memorandum +rEa CONSENT? SUBJECT: Purchase of hardware/software maintenance contract for Digital Equipment Corporation (DEC) VAX 4000 computer. RECOMMENDATION/MOTION: Renew contract for hardware and operating system software support to Network Computing Corporation (NCC), Charlotte, North Carolina, at an estimated $25,080.00, for the period of October 1, 1992 through September 30, 1993, as authorized under Article II, Section 42.23(5) Code of Ordinances, impractical to bid. ® and that the eppropriate officinls be authorized to execute same. BACKGROUND: The City utilizes the VAX 4000 computer for our Utility Billing operations. Normally, the most timely means of receiving computer maintenance is by contracting directly with the hardware vendor. In this case, however, NCC has been authorized by DEC to contract for both hardware and operating system software support. By purchasing the contract through NCC, the City is provided with an additional level of dial-in system support from the NCC technical staff, and still benefittfng-from all the normal DEC maintenance facilitiesThe cost of maintenance is exactly the same whether it is purchased directly from DEC or through NCC. Although the maintenance contract is with NCC, the actual service is still performed by DEC engineers out of the Tampa office. If for any reason NCC can no longer support the City, the contract may be transferred to DEC at no additional cost, since the maintenance is certified by DEC. This contract will provide service on the VAX 4000 Monday through Friday from 8:00 a.m. to 5:00 p.m. with a four hour response time, an increased level of coverage over the next day service currently in effect. Although we have experienced excellent hardware reliability since the July, 1990 installation of the Utility computer, the DOAS/Utility Consumer Support manager has requested guaranteed four hour response due to the customer oriented nature of the Utility System. Funds for this contract are available in the FY92/93 operating budget. Reviewed by-- Originating Dept: ? L Costs: S 25.080.00 ?Cogmission Action- Legal Budget N/A DOAS/C.I.S. V Total Approved Purchasing S 00 40 ? Approved w/conditions Risk Mgmt. CIS L User Dept: . Current Fiscal Yr. ? Denied ? Co ti ued t DOAS/C.I.S. n n o: ACM Funding Source: Other H?A i3 Capital imp. Advertised: m Operating Attachments: Date: ? Other Paper: ® i d Not Requ re Su Affect ed Parties ® Hone V ? Notified Appropriation Code: 555-i-9860-462/590 ® Not Required Ci Mn 0 P ' ted on recycled paper SE?I•??1 TES Clearwater City Commission Agenda Cover Memorandum t Meeting te: 02Z03/92 Or- SUBJECT: .1 W Renewal of hardware/software maintenance contract for the Unisys A-4 mainframe computer. RECOMMENDATIONNOTION: Extend a contract for A-4 computer maintenance to Unisys Corporation of Tampa, Florida at an estimated amount of $31,350.00, for the period of October 1, 1992 through September 30, 1993 as authorized under Article II, Section 42.23(5) Code of Ordinances,, impractical to bid. 0 and that the appropriate officials be authorized to execute same. BACKGROUND: The City currently utilizes the A-4 computer for general City applications such as Payroll, Personnel, Occupational Licenses, Finance, and Stores Inventory. With the pending purchase of a new system for the Financial Department, the Finance and Stores Inventory may be moved to the new system; however the three other applications would remain on the A-4. For effective utilization of the mainframe, it is required that it be in working order. The most timely means of accomplishing this is through a maintenance contract with Unisys, the computer vendor. This contract will provide service on the Unisys A-4 Monday through Friday from 8:00 a.m. to 5:00 p.m. Funds for this contract are available in the FY92/93 operating budget. Reviewed by. Legal N A originate g Oept: /j fDOAS/C.i.S. ?C- , Costs : 31 , 50.00 Total ?inission Action: Approved Budget Purchasing $ 00 00 17 Approved u/conditions Risk Mgmt. N/A _ User Dept. Current . Fiscal Yr. E3 Denied ? 4 -b ACM Dos/C.I.S. )t;i Fundi ng Source: Ci Continued to: Other _ NIA C3 Capital Imp. Advertised: Q Operating Attachments: Date: Q Other Q Paper: 0 i Not Requ red 5t t by: Affected Parties 0 None ! 13 Notified Apixopriution Code: C7 555-1-9860-46 2/590 Ci ty Not Required fide' Printed on recycled paper A MNM NS?IM CLEARWATER CITY COMMISSION Agenda Cover Memorandum AS Item k Meeting gale: 09/03/92 Subject: Dry Cleaning / Laundry / Alteration Services Recommendation/Motion: Extend the contract with North Hercules Cleaners, Clearwater, Florida, for dry cleaning, laundry, and alteration service for the period 10/15/92 through 10/14/93 at an estimated cost of $17,840.00. W and that the appropriate officials be authorized to execute same. BACKGROUND: The City provides dry cleaning, laundry, and alteration service for 'the uniforms of Police and Fire Department personnel. who are in constant contact with the general public. The contractor provides twice weekly pick-up and delivery service to various City locations. This is the first extension of the contract as authorized in the specifications of the original bid. The amount requested ($17,840) is equal, to the total budgeted for Police and Fire dry cleaning, laundry and alteration service for FY 1992--93. The Chief of Police, Fire Chief and Purchasing Manager concur with this recommendation. Funding for this expenditure is proposed in the FY 1.992--93 Operating Budget. Reviewed by: Originating Dept.: Costs: $17840.00 ssion Action: C Legal N/A d Admin. Svices . / ha5in Pur4 Total i;Zproved Bu ? Approved wlconditions Purchasin y Risk Mgml. User Dept.: Police & Fire Current FY (_ ] Dented i.a Continued to: DIS N A Source: Fundin g ACM Advertised: 0 Capt. Imp. Other 1 Date: 0 Operating Attachments: Sub tted by: J Paper: L?Nol required Ci Other Affected parties d82fEV8TkXA ($] Fst. ) ? Notified r ?-122470/522 ? None C 99 Not required (M.00 I St.) t., Cfell rwatel. City Cot:uitission Agenda Cover iN-leniorandum Y_ CONSENT SUBJECT: Contract for purchase of chlorine Item # Q/ - Meeting Dale: 09/03/92 RECOMMENDATIONIMOTION: Award a contract for the purchase of water treating chemical chlorine, for the period 09/04/92 to 02/28193 to Allied Universal Corporation, Inc., of Miami, Florida, in an estimated amount of $30,817.50 under Pinellas County Co-op Contract in accordance with Sec. 42.23 (4) Code of Ordinances (Other Government Bid) X and that the appropriate officials be authorized to execute same. BACKGROUND: Chlorine is utilized in the treatment of water by Water Division, Water Pollution Control and Parks & Recreation. Purchasing solicited bids from 14 vendors but was unable to receive a lower price than the larger quantity County Co-op Bid Number 885-99-92. Current year funding for this contract is contained in the FY 1991-92 departments operating budget. Funds for costs incurred after 09/30/92 will be included in the City Manager's recommended FY 1992-93 budget. Funding: Parks - Morningside Parks - Holt Ave. Parks - Ross Norton Water Pollution Control Water Reviewed by: Legal N16 Budget Purchasing- Risk Mgmt. N/A Cis N/A ACM other PW Parks . 5ubntitledf6v: 010-1-1653-5041572 585.00 010-1-1627-5041572 192.50 010-1-1645-5041572 780.00 421-1-1350-5041535 17,575.00 421-1-2051-5041535 11, 685.00 Origitutting Dept: DOASlPurchasing User Dept: Water, WPC Purks & Rec Advertised; Date; paper: ®XNot Required Affected Putties ? Notified C Not Required Costs; $30,817.50 "total Current FY Funding Source: ? Capital imp. ?XOperating ? other Appropriation Codc: Co nnission Action: Approved ? Approved wlconditions ? Denied ? Continued lo: Attachments: ? Nonc .ti CLEARWATER CITY COMMISSION Agenda Cover Memorandum Item a ?9k?lTEpCONSENT Meeting Date 09/0 /92 Subject: Annual Carpet Contract Recommendation/Motion: Extend contract for purchase and installation of carpet with Towne Carpets, Clearwater, FL, for the period 10/08/92 through 10/07/93 for an estimated total of $33,250.00. P9 and that the appropriate officials be authorized to execute same. BACKGROUND: In October 1991, the City Commission approved a contract to purchase and install carpet in various City buildings as needed. Towne Carpets has satisfactorily provided and installed the City's selected standard carpet throughout the year. The carpet utilized has proven to be both durable and easy to maintain. Towne Carpets has agreed to extend current prices for one additional year without a price increase even though costs have risen seven (7) percent. This is the second extension of the contract as authorized under specifications of the bid. Fiscal year impact for 1992/93 will be approximately $33,250.00. Funding has been proposed in various FY 1992/93 Capital Improvement Projects and/or operating budgets. The Director of General Services, Building and Maintenance Superintendent, and Purchasing Manager concur with this recommendation. Reviewed by: Legal N/A Budget Purchasing Risk Mgm. DIS ACM ;;7t ?- Other Sub C Originating Dept.: Costs: Et. $33250.M Admin. Services/ Total Purchasing User Dept.: Various Advertised: Date: Pa Der: Not required Affected parties ? Notified ? Not required list. $33250.00 Current FY Funding Source: Capt. Imp. YJ Operating 0 Other_ Appropriation Code: Various Commission Action: `Approved ? Approved wlconditions {_J Denied Ll Continued to: Attachments: N None 1 c 1 . = I CLEARWATER FLA. 33515 • TEL. 448-9228 CARPETS 1748 DREW STREET i July 27, 1992 Steve Kelly City of Clearwater { Building & Maintenance is re: P.O. 2487-91 Year Carpet Contract Dear Steve: Y wOUI ci like In reference Lo the above Purchase Order, ear, October, x ? tb request that it be._ reilewwd for another y - ...'•+?? 1992 to October 1`d93. `• *? ? onsi derati ot; 'of the above. Thank you for your c: ` Sincerely, Donald E. Zeitler, r Owner l .. .,' 5 } r ?y5 kl.A?f I tem `?''l' `• Clearwater City Commission MeetiR a. 04 03 4Z 9 ?• Q 2zAgen a Cover Memorandum ?fEa? CONSENT As *;?w SUBJECT: PURCHASE OF REPLACEMENT AUTOCAD WORK STATIONS FOR GAS SYSTEM RECOMMENDATION/MOTION: Authorize the cash purchase of three personal computers t peripherals at an estimated cost of $17,262.00 from Nat Inc. of Clearwater, in accordance with Section 42.23(4) pricing), and the cash purchase ofcomputer software to automation and drafting capabilities at a total cost of and associated ional Data Products, (county contract provide office $3,272.00 0 and that the appropriate officials be authorized to execute same. BACKGROUND: The Gas Department currently uses two (2) workstations for AutoCAD Engineering applications. These workstations are three and five years old, and are unable to run the latest version of AutoCAD. In order to maintain compatibility with the Public Works/Engineering Division, for the purpose of sharing drafting applications, and to provide an efficient and timely platform for the generation of overlay draings, these two computers need to be replaced. The two existing workstations will be moved to clerical staff members who currently do not have access to personal computers. The Gas Department is also requesting one new, additional computer which will be used by a drafting technician who currently does not have a workstation. These three computers will provide the drafting technicians with enhanced drawing speed and full compatibility with Public Works/Engineering. The funds for, the purchase of this equipment and software will be as follows: Hardware 423-1-2061-640/532 $17,262.00 Software (over $500) 423-1-2061-643/532 2,000.00 Software (under $500) 423-1-2061-520/532 1,272.00 The third quarter fund review will include an amendment to move $16,980 from operating code 2061-410 to 2061-640, $282 from operating code 2061-416 to code 2061-640, and $2,000 from 2061-520 to 2061-643 to provide the necessary funds Reviewed by: Originating Dept: p,? G Legat _ N/A BOAS/ .! ?" Budget Purchasing Risk Mgmt. R ?. User Dept: ACM N/A Clearwater Gas System other i •??)L ?, Advertised- Dote: 6/27192 ? Paper: Ort Sntt/Tampa Trib 11 Nat Required Submi Affected Parties 0 Notified City Mana er_ 0 Not Required Costs: S 20,534.00 I Total ? S 24 534.00 Current Fiscal Yr. Funding Source: 13 Capital imp. 0 Operating ? other Appropriation Code: See Background n ?.1 Printed on recycled paper K C. fission Action: Approved ? Approved u/co ? Denied ? Continued to Attachments: editions m None !? r? 2 r LJ3 AutoCAD Agenda Item, 9/3/92 t e for the contract. There are sufficient funds available in the software code 2061-520 for this purchase. i The Gas System has reviewed the specifications with the C.T.S. Manager and the project is in the Computerization Long Range Plan as number 9041. t ' J •t E '; 4*4 T Clearwater City Commission Agenda Cover Memorandum SUBJECT: INSTALLATION OF P.E. GAS MAINS AND SERVICE LINES 1 t i! Meeting fif-Mum/92 F 9- RECOMMENDATION/MOTION: Award an annual contract (time period 10/1/92 to 9/30/93) for installation of 5/811, 111, 211, and 4" P.E. mains and service lines to Visk Construction, Inc., Riverview, Florida at an estimated cost of $375,850, which was the lowest most responsive and responsible bid submitted in accordance with the specifications. 0 and that the appropriate officials be authorized to execute some. BACKGROUND: In order to provide timely installation of new gas mains and services for new customer requests, we propose to award an annual contract to an outside contractor to install P.E. gas mains and services at various locations throughout our service area. Work will be performed under the direction of the Gas Superintendent. The contractor will supply all labor and equipment, sod, asphalt, concrete, and curb replacements. The City will supply the gas related material, such as P.E. fittings, valves and pipe. The proposed contract provides for all aspects related to the installation of P.E. mains and services. There are currently sufficient funds available in the capital Inprovement Fund called Main Extensions code 315-1--6341-6381532 to cover this expenditure. Reviewed by_ originating Dept: Costs: S 375,850 Comaission Action: Legal NIA ) Gas System 14 Total Approved Budget hasin P %." _ ?n.? 3 0 00 13 Approved w/conditions g urc Risk Ngmt. N 7A User Dept: . Current Fiscal Yr. ? Denied cis ACM 141A N/A -' Gas System Funding Source: ? Continued to: Other 0 Capital Imp. Advertised: ? Operating Attachments: Date: 7/3/92 7/7/92 ? other Bid Tats 138-92 ?C Paper: PinCoRev Tampa Trib Bid Summary ? N t R d i o equ re S Affected Parties i=1 None t 0 Notified Appropriation code: 7 . . . 315-1-6341-638/532 S ? Not Required tyan pr C 0 Pr nt d on recyeied paper 0 .?? 888 8S 8 888 8 8 88 888888 8 ' 11 ISO r n a NI n N P M . A n v O n n Y ? r n •+ ? 1? « n R ? R S$ 8 8 8• 3 8 8 ? n S 8 8, V " U N N N N V1 Yl • P O n C ? ? •+ P •1 w 'j . _88S 8S 8 888 8 8 88 o8S888 8 ?. g 88 8g $ CMS R? ?oSgSB m i 14 Y r 1' N ° 1 Y n a N =+ n n .r+ n l . d b K M V '? ?' p V? 4yr?y ° y ,? O r O TI h N O 0 W „1 ul N N N N M1 ?C O .•• •e O n rf O O v •'• "' C ?. 1 ari ?11 r p pp p p I.i $ p$ 8 0 0 $ O O $ $ $ 8 O o O g O O $ wk ri „, 75 .e ,o r go rNi .. r: y o? ti w w •c = s ' H p r n n r rv y N ^• y S o }? o n n? o S r? ' cl ? ? ?? Y S 8 8 t° $ °P o° o ? g N n N n '? fin- M N h C F fi ^ O r r N C 1 .. ; m $ °o °o °cg a° o a °o °o $ °o °o D o e °° o 0 0 8 ., O n Y0 ,1 ii o a o S °o n n. gi S go °0 4 0 °P r? Ep M } ? F ? ? ?~. a h n n rtoi e°? ' H n n N M t a80$ og p ooS o 0 of8 88oSSopp 8j p ? w p n p ° C O p O g ° n p 0 8 0°$ 0 0 ?•°? 9? aryk a n a °. o Go C o "a ti n R o o S o= o a N n n? ? n „nr n n .?,. ry ,• o r n? N .` .» n 1 ? ?, k` " u ti P' 4 d O 9 P 0 P r 0 0 h O O p t bI < ? ? i.l P? N n Fl r1 ? .Yi ? f V N P .?i , M •-? O ,O .. 1? O ? ? . 8 8 9 9 9 3 Ct r a R a ? Ct r??k N N r p pp' F t w N .? h O t r n n r Y Y M N N p n n N P i F' b 4 r •! ? °n «n. h n a ,n h n ,,, n n rv n n n rv i ? FJa ? 8 ? 1 1?y1 ? •?. ? ? ? +Yn. ?{ p ? V111 F+ 3 1 7t4i IyC r t g " N . O ? ? h ? n N ? N Y ?O a N ? fC N f ? W /R f?i = ij A -Z a CA Zi o w r?+l rl r r n n w d v " f 1. ) ?? n R R $ S 8 8 • = I s s s a 'A ' G i + y y L on a4 e o P ? ° t :4x ?., email C o o ^ ^ n F r 1 xX W u aFpdi R S g e ++ a ?s??zxx S ? R pMf, ? A. O ry tf 7{ F t ??+ ~ 9 uI K ` m ~ x x : s x x a ° ~ ?t 3.. 3 R I ' ???pppttt per, M ? O r z ? ? 1 ? ? a 1?+!? Y .4 '? p W? ? 4 ? L ? ? Y a M1 C O Q {.? ? ,. . y? ry p F y CI [J H ? ? x r ! , P ? p P H A y f?f C 9 N N 15 u a 3 , i M . fth A r - u 2 a ' f t .. . . i I .ySEAi«??;r CLEARWATER CITY COMMISSION Is I ?, q Agenda Cover Memorandum Item # ??ITEA??' CONSEW Meeting Data: 9/3/92 Subject: Contract for Ice Machine Rental and Service at Various City Facilities Recommendation/Motion: Award a one-year contract from 10/1/92 to 9/30/93 to Guy's Ice Machine, Clearwater, FL, for the installation, rental, and service of ice machines at nine (9) City facilities at an estimated annual cost of $10,800.00, which is the lowest, most responsive and responsible bid submitted in accordance with specifications, IN and that the appropriate officials be authorized to execute same. BACKGROUND: This annual service contract is for the installation, rental, and service of ice machines at nine (9) City facilities, to-wit: Fleet Maintenance (1900 Grand Avenue), Infrastructure (1850 N. Arcturas Avenue), Parks Field Office (507 Vine Street), Nursery Facility (901 Saturn Avenue North), Gas Services (400 North Myrtle Avenue), Parks Equipment Storage (Fire Station No. 50--2681 Countryside Boulevard), Solid Waste Division (1180 Russell Street), City Hall Annex (10 South Missouri Avenue), and the Recreation Facilities Division (510 Pennsylvania Avenue). The City provides ice for its field employees who work In areas away from normal sources of cold drinking water. During 1991, 116 days or 31.7% of the year had temperatures that reached or exceeded 904; during that same year, 199 days or 54.50,'o of the year had temperatures that reached or exceeded 850. The hot summer weather coupled with strenuous exercise is conducive and medically necessary for employees to drink large quantities of water in order to avoid heat stroke and other maladies associated with dehydration. Fiscal year 1992/93 budgetary impact will be $10,800.00. Funding for this service is included in the proposed 1992/93 departmental operating budgets: Grand Avenue Infrastructure Parks Field Office Nursery Facility Gas Services Parks Equipment Storage Solid Waste City Hall Annex Recreation Facilities TOTAL: Reviewed by: Legal N/A Budget Purchasing + Risk Mgmt. NIA DIS3,i/?A, ACM f Other P%! Su "City Originating V General S 566-1-6610-441/590 $1,020.00 421-1-1346-441/535 $1,440.00 010-1-1691-441/572 $1,200.00 010-1-1681-441/572 $1,020.00 423-1-2061-441/532 $1,440.00 010-1-1691-441/572 $ 780.00 424-1-2080-441/539 $1,440.00 565-1-6531-441/590 $1,440.00 010-1-1671-441/572 $1,020.00 $10,800.00 .1, User Dept.: l Wes, I various Advertised; / Date7/31 & 8/7/92 Paper: 3'C. Review & ore m?a uireT ibune Cl c? Affected parties L7 Notified [xi Not required Costs: $10,800.00 Total -0- Current FY Funding Source: C i Capt. Imp. (xl Operating [ 1 Othef Appropriation Code; see above Commission Action: A!5?Approved D Approved wlconditions [J Denied LJ Continued to: Attachments: Bid Tabulation/Bid Summary 0 None q5 ? i. CITY OF CLEARWATER :i DID 146-92 OPENED 08114192 ICE HACUINE RENTAL BID TAB i GUY'S ICE MACHINE LUCKY ROBERT'S 1 CLEARWATER FLORIDA CLEARWATER. FLORIDA --•- ITEM NC. LOC?IONS MONTHLY YEARLY MONTHLY YEARLY SIZE ti PRICE PRICE PRICE PRICE , 1. 1900 GRAND AVENUE 400 LOS " 2. 1850 N. ARCTURAS AVENUE 1100 . LBS 85.00 1,020.00 85.00 1,020.00 #. 3. 507 VINE STREET 1000 , LBS 120.00 1,440.00 150.00 1,800.00 ' • 4. 901' SATURN AVENUE NORTH 400 . LBS 100.00 1,200.00 150,00 1,800.00 a' 5. 400 NORTH MYRTLE AVENUE 1200' . L85 85.00 1,0$0.00 95,00 1,020.00 i 6, 2681 COUNTRYSIDE BOULEVARD 200 . LBS 120.00 1,44p.00 150.00 1,800.00 7, 1180 RUSSELL STREET 1000 . LBS 65.00 780,00 70.00 840.00 8. 10 SOUTH MISSOURI AVENUE 1000 , LBS 120.00 1,440.00 150.00 1,800.00 9• 510 PENNSYLVANIA AVENUE 400 . LBS 120'00 1;444.00 150.00 1,800.40 . 85.00 11020.00 - T 85.00 1,020.04 TOTAL: ? $10,800.00 $12,900.00 `.. PAYMENT TERMS: NET 15 MONTHLY 1?. START DATES i " OCT. 1 192 AS REQUIRED SUMMARY OF BIDS BIDS SOLICITED: 13 i." BIDS RECEIVED: 2 1.. . 110 RESPONSES 5 NO-BID RESPONSE: 6 ° SCHEDULE WILL NOT PERMIT: 3 UNABLE TO MEET SPECIFICATIONS: I i REMOVAL FROM BIDDER'S LISTS 2 E' 7` t ' • - r F ?,r 'f it t - 1 : r f ?1 ,.» It CLEARWATER CITY COMMISSION Agenda Cover Memorandum item Meeting Date,. 913/92 Subject: Purchase of Vehicle Lubrication and Inspection Service Recommendation/Motion: Award a one-year conract (10/]/92 - 9/30/93) for vehicle lubrication services to Oil Can Henry's, Clearwater, FL, at an estimated cost of $23,477.60, which Is the lowest, most responsive and responsible bid submitted in accordance with specifications, CI and that the appropriate officials be authorized to execute same. BACKGROUND: This contract provides for the routine, recurrinc, hibrication and inspection of City velcles which are an integral part of the overall fleet maintenance program. Contracting these services ensures that the service will be performed on schedule, will ' be purchased at a competitive price thereby permitting the Fleet Adminisrator to assign in--house maintenance personnel to more complex and critical fleet maintenance tasks. Fiscal year Impact for 1992/93 will be approximately $23,477.60 and will be funded, after approval, in the 1992/93 operating budget of the Fleet Maintenance Division (566-1--6610-465/590). The 1992/93 fleet maintenance operating budget will include sufficient funds for this contract. Reviewed N /A Lega! Budget Purchasing Risk Mgmt. A DIS N/A ACM 415 %0 Other Sub tte City Ma agar Originating D General S,e. User Dept.: Costs: $23.477.60 Total -0- Current FY Commission Action: /`Approved ? Approved wlconditions ? Denied ? Contlnued to: Advertised: Date:7/ 17 & 24/92 Paper: j.C.RtJiw e ? No re r e r une Affected parties ? Notified N Not required Funding Source: ? Capt. Imp. Li Operating ? Other Appropriation Code: Attachments: Bid Tabulation/Bid Summary 566-1-6610-465/590 10 None t,. Ff I? y r ,s CITY OF CLEARNATER ~'"..d LUBRICATION SIMVICE BID 142-92 OPENED 08/10/92 VS BID TAB ,f VEHICARE CORPORATION PC2 OIL CENTERS { dba/OIL CAN HENRY TAMPA, FLORIDA r BRADENTONI_FLORIDA ITEM ESTIMATED UNIT ESTIMATED NO. UNIT ESTIMATEp° AESCRIPTION UANTITY COST TOTAL COST TOTAL 1. LUKE, OIL AND FILTER CHANCE 1,400 22.50 $31,500.00 - FIVE (5) QUARTS OIL 14.43 $20,202.00 2. LURE, OIL AND FILTER CHANGE 200 23.75 $4,750.00 - SIX (6) QUARTS OIL l5.4B $3,096.00 3. EXTRA OIL (IF REQUIRED) 140 1.25 $125.06 f: 1.05 $105.00 4. DIESEL ENGINE FILTER EXTRA COST 20 0.35 7.00 '3.73 74.60 GRAND TOTAL $36,382.00 $23,477.60 ...........,... BRAND NAME OF OIL MOBIL 10-30 YALVOLIHE 30 1:' :' v TERMSt NET 30 NET 30 ?,. SUMMARY OF BIDS BIDS SOLICITED: g ?... BIDS RECEIVEDt ' 2 I40 RESPONSE: 5 fd,. NO-BID RESPONSEt' UNABLE TO MEET SPECIFICATIONS: 1 } ,,'• 1 i i (t' CLEARWATER CITY COMMISSION S - a Agenda Cover Memorandum item 0 0 EST Meeting Date: 913192 Subject: Contract with GTE South for CentraNet Services Recommendation/Motion: Award a contract to GTE South for the continuation of CentraNet services for a period of five (5) years from August 28, 1992, to August 27, 1997, for an estimated annual cost of $213,933.00, In accordance with Section 42,23(5--impossible, impractical to bid) of the Clearwater Code of Ordinances, Q and that the appropriate officials be authorized to execute same. BACKGROUND: At the City Commission meeting of May 19, 1989, the City Commission authorizers a three (3) year contract (from August 28, 1989, to August 27, 1992) with GTE for the conversion of the City's telephone switching from an in-house PBX switch to a central office switch (CentraNet), Use of the central office switching equipment provides internal communications as well as external communications to the public network. CentraNet services provide unlimited growth capacity, automatic upgrades to new technologies, no charge for redundancy and battery backup, and 24 hour on-site technicians in the central office. During the preceding three years, the CentraNet switch has provided exceptional service with a minimum of problems. By authorizing the conversion in 1989, a savings of $3,576.09 per month was realized. The new contract provides for an additional annual savings of $17,257.20 for 730 lines. These rates are based upon the present number of circuits in place; additional circuit requirements would be guaranteed at the new rate. Funding for this service is budgeted in the 1991/92 operating budget code 565-1-6510-421/590 and includes sufficient funds for this contract. Funding has been included in the proposed 1992/93 budget. Fiscal year 1991/92 budgetary impact is estimated at $17,827; fiscal year 1992/93 budgetary impact is estimated at $196,106.04 Reviewed by: Originating De Costs: ?,g33•00 a mission Action: Legal N/A General S Tatai Approved Budget ID Approved w/conditions PurchasingI. User Dept.: -$-L7?SZ? 00 LI Denied Risk Mgmt.%.. t1l various Current FY EJ Continued to: DDS NIA Fundi Source: ng ACM Advertised: { l Capt. imp. Other `i Date: (xJ Operating Attachments. Sub1tted raper: D Other FA Not required * Allected parties Appropriation Code: {1 Notified [? Not required 565-1-6510-421,/59 ix? done CLEARWATER CITY COMMISSION =; , a IqS Agenda Cover Memorandum Item n ??y? ??o+f Meeting Date: 913192 TEII CONSENT Subject: Contract for Tire Services and New and Recap Tires Recommendation/Motion: Award a three (3) year contract (10/1/92 to 9/30/95) to Smith Bandag, Inc., Clearwater, FL, for the purchase of tire services and new and recap tires, at an estimated annual cost of $223,336.75, which is the lowest, most responsive and responsible bid submitted in accordance with specifications, 1:9 and that the appropriate officials be authorized to execute same. BACKGROUND: Bids were solicited for tire services and the purchase of new and recap tires. Smith Bandag, Inc., submitted the lowest, most responsive bid in accordance with specifications. Service Don Olson Smith Bandag Tire Service (see Bid Tabulation) $ 52,000.00 $ 46,410.00 Purchase of New Tires (see attachment) 128,980.50 114,461.00 Purchase of Recap Tires (see Bid Tabulation) 56,445.25 62,465.75 $237,425.75 $223,336.75 The City has over 1200 vehicles on "wheels" and cannot afford to be without responsive and responsible tire services. Smith Bandag, Inc, has the total responsibility for all tire service work and for the management of all new and recap tire requirements, including tire orders and inventories, to ensure immediate tire availability and uninterrupted support to the Fleet Maintenance Division, The tire repair service includes both personnel and vehicle which is supplied by the vendor. As in previous years, this vendor will provide personnel and vehicle requirements at the Fleet Maintenance facility ready to service City equipment and provide road calls, when necessary, Smith Bandag, Inc. will also provide air and fleet service biweekly on Saturday mornings at no extra charge for the Solid Waste Division. Fiscal year impact for 1992/93 will be approximately $223,336.75 and will be funded, after approval, in the 1992/93 operating budget of the Fleet Maintenance Division (566-1-6610-465/590), Reviewed by: Originating Dept.: Costs: $223,336.75 Commission Action: Legal N/A General Services Total Approved Budget -0_ FJ Approved w/conditions Purchasing User Dept.: Denied Risk Mgmt. A -- Current FY Continued to: D15 N A Fundin Source: g ACM Advertised: 0 Capt. Imp. Other ' NIA 7/3 & 7/10/92 Date. Operating Attachments: P.C. Review & Paper: L1 Other S tted Tam a ribune et{T CJ Not re ?ii Bid Tabulation/Bid Summary q r Affected parties Appropriation Code: w/Attachment City pager 1.1 Notified 1x] Not required 566-1-6G 10-465/590 L? None 0 k° AlJG-1?+-199? 09:03 FRC?hI CLl;11RWH'fEi? FL1RCf IaS I f IG D I U TO GEf FERAL SLICES. P.01 HID I39•-92 .OPVTD 07/27/92 DID TAB 14'? DOH OLSON TIRE & AUTO SMITH DANDAO, "INC. CLEARWATER FLORIDA CLEARHATER FLORTbA ITEh! N0. DESCRIPTION UNIT OF AS LIRE UANTITY UNIT TOTAL C UNIT UNIT ------ OST COST CORT 1• TIRE SERVICE ;;IT" NEW & RECAPS DAILY RATE 260 - REPAIR EACH 200.00 $2,000,00 178.50 46,410.00 ++? - WEEKEND RATE PER CALL EACH 15400 9.00 2. TIRE SERVICE WITH N8Y1 TIRES ONLY DAILY RATS 260 37.50 25.00 _ REPAIR 240,00 52,000.00 ° - WEEKEND RATE PER CALL EACH 15.00 110 BID 3. TIRE SERVICE WITH RECAPS ONLY EACH DAILY RATE 37.50 NO AID ID NO - REPAIR 260 700.00 $2,000.00 - WEEKEND RATE PER CALL EACH 15.00 D NO DID 4. TIRE SERVICE - NO TIR85 PURCHASED RATE DAILYCH 31.50 NO BID NO BID - REPAIR 7,60 300.00 78,000.00 - WEEFIND RATE PER CALL EACH 15.00 BID 5, NEW TIRE PRICE LIST ENCLOSED? EACH 56.25 10 NO DID 6. RECAPPED TIRE PRICE LIST ENCLOSEDt YES NO AID .1 7. ADD-O11 R FOR OUTSIDE PROCUREMENT YES YES YES 10 x 12 x RECAP TIRES UNIT of Umu Ty MIT TOTAL 05T UNIT TOTAL - C )SK 9 COST SM T I. 15.5-R 22.5 HWY. PRECURE HIDE BASE EACH U Z, 1000-20 HW, 1A!!I1iSON TREAD ]ACH SO 104.07 5,203.50 114.76 5 738 00 3. 1480-P,20 yWy• FLOTATION TREAD EACH 75 71.88 51391,80 , . 85.40 6 405 00 4• 900_20 HWY. liA WKINSON TREAD EACH 50 . 44 4,222.00 , . 112.05 5 602 50 5• 1000-20 TRACTION 1iAWRIN90li TREAD 33 65 20 65.20 2,282.00 , . 6. 1100-20 TRACTION RAM NSON TRE EACH 30 76.67 2,300.10 81.66 2+858.10 AD 7• 11422.5 HWY. PRECURE 53S EACH 100 79.13 7,813.00 96.01 21580.30 8• 1100-20 HWY. HA nINSOH TREAD EACH '0 83.63 6,281.50 90.49 9,049.00 8 9• 1100-A20 !{WY. PRECURE 535 EACH 75 78.13 5,859,15 7.68 4,384.20 30. 1100-R2Q TRACTION yRECURE CROSS PAR EACH 100 99."? 8.938.00 89.55 6,116,25 $ 11. I3-2x.5 H1.fY. ?RECURS KIDS RASE EA CH 50 92.58 4,629.00 9.55 8,955.00 89 74 12, 16.5-22.5 1iWY. PRECURE WIDE BASE EACH g CH 2D 4.87 2,081. 40 . 4,487.00 112.39 2 247 80 30 3 44,,. 114 11,80 3 ?r,p0 . . 114.76 3 43 RECAP TIRE TOTAL 56045.25 4 N£--rv TIME; 62,465.75 +?* 1. NEW TIRES - SEE ATCH VORRSHEEr s z0 9. 00,,0 + llb 4G* 1.00 ,r+? GRAND TOTAL ? 237,425.75 w 223,336.75 ,..rr rrrrrrr NET 30 SU11MY OF RIDS NET 30 BIDS SOLICITED! 8 BIDS RECEIVEDt NO RESPONSE: 5 110-BID RESPONSE) 1 BID DID 140T MEET SPECIFtICATIONSt 1 E? R• 1 1 i f ++k t: f; 3 s ' i i Attachment to Bid Tabulation {Bid No. 139-93} Tire Service an d Purchase of New and Recap Tires PURCHASE OF NEW TIRES Dare Olson Tire Size Est. Qty. Tire & Auto Smith Bandag 14/80R20 100 $30,182,00 $23,125.00 110OR20 75 18,278.25. 14,380.50 110OR20 50 7,973.00 11,069.00 f I IR22.5 75 14,478.75 13,708.50 215/70RI5 200 10,208.00 8,808.00 F.. 225/70R15 500 26,520.00 22,955.00 1000-20 75 9,823.50 9,383.25 1100-20 75 11,517.00 11,031.75 $128,980.50 $114,461.00 ' t r E f 1: f • r r ? . F r r r? ?? TES ?' ? Clearwater City Commission Agenda Cover Memorandum Item # Meeting Date. 09/03192 Ll is 1 4/1 - SUBJECT: Renewal of maintenance contract on Library CLSI Computer System RECOMMENDATION/MOTION: Extend a contract with CLSI, Inc., Newtonville, Massachusetts, for maintenance of the Clearwater Public Library LIBS100 system at a monthly cost of $5,575.98 under Section 42.23(2) Code of Ordinances (Sole Source) for the period of October 1, 1992 through December 31, 1992. ® And that the appropriate officials be authorized to execute same. BACKGROUND: The City of Clearwater utilizes the CLSI LIBS100 system to provide on--Line circulation control and the card catalog reference to library patrons. It is important to keep this system operational in order to provide library service to the citizens until migration to the proposed Gaylord automated system is complete. Since actual implementation of the new system is not anticipated until early in the 1992/93 fiscal year, the Library recommends continuing the maintenance contract for a period of three months. The 1992/93 Library Department operating Budget includes sufficient funds for this contract. 1 Reviewed by: Originating Dept: C Costs: S 57.927.94 C ission Action: Legal N/A Library Total Approved Budget Purchasin $ 13 Approved w/conditions g Risk Mgmt. N/A User Dept: Current Fiscal Yr. ? Denied cis ACM jH= Funding Source: ? Continued to: Other 0 Capital imp. Advertised: Operating Attachments: Date: 13 other CLSI, Inc. maintenance 1v Paper: suamory ® N R d i equ re ot naary, nc. maint Affected Parties Appropriat"s an Codc: None S ? Notified 010-1.1720-462-571 r ? Not Required Cit M a i 45 Printed on recycled paper f ilO i t i 0 {:1.51, Ear wc?t,millr, NIA a„1f+lf 1,1- )Ir5 h;all 11•, July 20, 1992 Ms. Margot Schaeffer Clc-, mvatcr Public Library 100 N. Osceola Avenue Clearwater, FL 34615 Dcar Ms. Sclracffcr' As confirmation of today's conversation, below is a summary of maintenance . charges Car the period of October, 1, 1992 to December 31, 1992 Monthly ' QLy ,?'1rc1c11111)csc jpi!211 rni1 '1! Mai gjr nM 1 I 1 CORE SYSTEM EQUIPMENT 1 PDP 11144 Processor $629.48 $629'48 Includes P30 Console Printer 32.34 32.34 1 DRI 1 lnterprocessor Link 39.69 317.52 8 DZI 1 Tenininal Control Unit 231.00 924.00 4 DD300 Disk Drives 41.58 41.58 I Disk Controller Multiplexor I 4MB Memory for PDP 11144 110.88 110.98. I PDP 11173 Processfii' 246.75 246.75 Includes P30 Console Printer 32 34 32.34 I DR 1 I Interprocessor Link 47.25 1 DII I I Terminal Controller 4723 .25 25 231.05 I DD300 Disk Drive 1 Disk Controller Multiplexor 41.58 41'58 PERIPHERALS } 3 MSS1-11200 Terminal $34.30 102.90 1 P100 Report Printer 62.24 62.24 I8 1,800'remiinals 20.45 368.10 r 10 TS 10 Ligtrtpen Composite 37.38 373.80 2 XP2/24 Multiplexor 54.57 109.14 1 I P2000 Display Printers 29.51 324.61 2 XP8/48 Multiplexor 72.77 145.54 4 P3000 Terminal Printer 8.40 33.60 1 I T 1820 Touch Terminal 40.03 440.33 4 CC 10 Lightpens 15.75 63.00 4 , CC40C/P Lightpen/Controller 9.24 36.96 10 'rINX) Terminals 7.00 70.00 , ' I ' i k F f t 1 •r i? Ms. Margot Schaeffer Clearwater Public Library e July 20, 1992 j E Page 2 CtS1 S . SOrrWARE 1 SW-Integrated Software Package $1,000.52 $1,000.52 2 SW-MSS Software 40.03 80.06 t 2 SW-TCOM Software 13.23 26.46 I Software for Application Processor 84.00 84.00 Total Monthly Maintenance: $5,975.98 The above summary covers equipment currently under maintenance; additional equipment purchased will automatically be added to the agreement upon expiration of any warranties at CLSI's then current maintenance rate. Should you have any questions or require additional assistance please feel free to contact me at 1-800-825-2574 extension 321. Sincerely, CLSI, Inc. Lynda G. Berg t Service Contract Specialist( Igb t S • f ,?SEAIMr It ? Clearwater City Conunission Cec o9ro3?92 Agenda Cover Memorandum CONSENT B SUBJECT: New Automated Library Management System for the Clearwater Public Library System. RECOMMENDATION/MOTION: Award a contract to purchase the Gaylord Galaxy automated library system, including hardware and software, at a cost of $286,252 from Gaylord Systems, Syracuse, N.Y., as a sole source vendor; authorize a 5 year lease/purchase through AT&T Credit Corporation for the hardware and software costs totalling $249,275; and authorize $36,977 of additional associated expenditures detailed in the background. 0 and that the appropriate officials be authorized to execute same. BACKGROUND: Due to growth constraints on the current CLSI library system, the library endeavored upon a project to select a new vendor. After extensive research the Gaylord Galaxy system was selected as the product of choice. It is a fully integrated library system offering circulation, on-line catalog, and serials check-in. In addition, Gaylord offers a 180 day money back guarantee to the City if the product is found undesirable. New hardware for the CLSI system is needed to replace equipment purchased in November, 1984. The present DEC PDP processors were part of the current vendor's proprietary software, hence the equipment has never been supported by Digital Equipment Corporation. The vendor has since abandoned their proprietary system and changed hardware platforms. Consequently the present hardware will not support new software releases. Also, because of the age of the equipment and the difficulty in obtaining replacement parts, maintenance costs have increased to $5,976 per month. The requirement for new hardware offered the opportunity to re-evaluate software needs. The library automation market has become more competitive since the library originally.automated. New developments in technology have resulted in greater system function. It was decided to evaluate the current system vendor (CLSI), the current cataloging vendor (Gaylord Systems), and one other vendor (Data Research Associates) which is on a state contract. Because Reviewed by: Originating Dept: Costs; S 286,252 fission Action: Legal N/A Library Total Approved Budget 13 Approved w/conditions Purchasing - y $ NA Risk Mgmt. N Al' User Dept: Current Fiscal Yr. 13 Denied j cis ACM Funding source: D Continued t o: other © i Cap tal Imp. Advertised: I] Operating Attachments: Date: 13 Other Schedule I Paper.: is N R i d ot equ re S by: Affected Parties © Notified Appropriation Code: None C % M Not Requi red 315-1-3513 ?ty n V X45 Printed on recycled paper -2- the library has several years of automation experience and staff has kept current with technology trends, it was decided to eliminate the costly, process of writing an RFP and taking bids. The three vendors we dealt with are leaders in the automation market and contracting with any one of them would be acceptable either via sole source or a state contract. Criteria used in evaluating the systems were: Reliability of hardware and functionality of software enhancements over the current system Compatibility with current cataloging software Additional modules (i.e. acquisitions and serials) Response times maintenance agreements, customer service and commitment to future enhancements (i.e. ADA, networking, etc.) The process of determining a vendor began in October, 1991. Staff attended national and regional conferences and visited with several vendors at product exhibits. The CIS Manager, Laura Chase, and Managing Director, Linda Lange, made several local site visits, and attended regional demonstrations. They also visited the test site for the Gaylord System at the Appomattox Regional Library System in Hopewell, Virginia. After narrowing the decision down to two vendors, all staff attended on-site demonstrations given at the Main Library. Certain key staff conducted telephone interviews with customers of each vendor to verify their experiences with such concerns as down time, response time guarantees, customer support and efficiency of the software programs. Staff was asked to participate in a survey to receive their input in the decision process. Results of those responding were: 16 for Gaylord, 4 for CLSI, and 3 with no preference. Gaylord Systems was chosen over the other vendors for the following reasons: *DEC hardware platform which conforms with other City departments *Proven software enhancements (i.e. chaining from one function to another) *Incorporates the cataloging system with the circulation module *Existing serials check-in module *Date due slips With book barcode number, author and title information *Proven customer service record *Maintenance costs from the operating budget would decrease from $70,000 to approximately $32,000 annually *Company is financially sound and not dependent on automation sales *180 day money back guarantee if not satisfied with the system *Future enhancements offer community information files as an option on the on- line catalog, extended database searching, compliance with 239.50 standards allowing communication with other automated systems and enhancements for ADA (voice terminals, magnified screens, etc.) *Does not require significant re-cabling *Cost effective CD-ROM application for accessing additional databases t. VY F - 3 - This project is #8816 in the CIS Lang Range Plan. Additional expenses payable to the vendor associated with this project include; Total cost Installation and $11,150.00 training conversion services $25,000.00 Supplies/Shipping $ 827.00 $36,977.00 The current Capital Improvement'-project 315.3513, Library Automation Upgrade, inlcudes sufficient funds to cover the lease of the hardware and software. Software subscrption service and maintenance of $11,125, hardware maintenance of $16,957, supplies/shipping costs of $827, and the funds to cover the lease purchase payments on the hardware and software are included in the 1992/93 proposed department operating budget. (See Schedule I) j The third quarter budget review will include an amendment to transfer $36,150 from General fund surplus to provide funding for conversion services of $25,000 and installation and training of $11,150 to project 315-3513, to provide funding for these additional costs. 1f7 . '. 1 1 _. J r ' 1 l . e ' 4 J 1 - r 1 ?J r I• e r SCHEDULE I 1 Payment Schedules 1. Payment-on Delivery 1'.1. Conversion Services (Schedule B) <estimated> $25,000.00 1.2. installation and Training (Schedule F) <estimated> . $11,150.00 3 1.3, Sup plies/Shi.pping (Schedules B, C and D) $827.00 2. Payment Upon Installation. 2.1. Hardware Costa (Schedule D) $174,285.00 2.2. Software Licenses (Schedule E) $74,990.00 3. Periodic Payments to Commence Upon Installation ' a ANNUAL MONTHLY 3.1, Database Subscriptions . (Schedule E) N/A N/A 3.2. Data Processing Service s ., (Schedule C) N/A NIA s 3.3. Software Subscription Service and Maintenance (Schedule H) $11,125.00 $927.08 r 3.4. Hardware Maintenance ` i (Schedule G) $16,957.00 $1,413.08 '. 08/12/92 Clearwater Public Library Contract P 20 of 22 • i 111111 f # M13' ti t 3 , ? ,r t 5 ht r (7 . CITY OF CLEARWATER ESTIMATED 5 YEAR LEASE PURCHASE AMORTIZATION SCHE DULE L P ) ; Equipment Description: Library Computer Upgrade Total Purchase Price: $249,275 M First Payment Date: 6/30/92 Prime Rate: Contract Rate: 6.00% 5.1000% Pmt Date Total Pmt Principal Interest Princpal { _ _ i ?_.. t +. 1 $14,199 $11,021 $3,178 $238,254 2 14,199 11,161 3,038 227,093 3 14,199 11,304 2,895 215,789 . 4 14,199 11,448 2,751 204,341 5 14,199 11,594 2,605 192,747 6 14,199 11,742 2,458 181,005 7 14,199 11,891 2,308 169,114 ;'•. 8 14,199 12,043 2,156 157,071 3 9 14,199 12,197 2,003 144,874 :.`.. s, '10 14,199 12,352 1,847 132,522 11 14,199 12,510 1,690 120,013 12 14,199 12,669 1,530 107,344 13 14,199 12,831 1,369 94,513 14 14,199 12,994 1,205 81,519 15 14,199 13,160 1,039 68,359 k 16 14,199 13,328 872 55,032 17 14 , 199 13,498. •702 41,534 18 14,199 13,670 530 27,864 ` 1 19 14,199 13,844 355 14,020 20 14 , 199 14 , 020 179 0 Total 283,984 249,275 34,709 PRELIMINARY ESTIMATE 2 17 i . ? f .? A 1 ? 1 i ? t F ''yam • Clearwater City Commission Agenda Cover Memorandum SUBJECT: PURCHASE OF THREE (3) PRE-OWNED VEHICLES ce 9 ta: 09/03/92 , RECOMMENDATION/MOTION: Authorize Al. Davenport, Inc. to purchase three (3) pre-owned vehicles at the Orlando (Wholesale) Auto Auction at a cost not to exceed $33,000.00 ® and that the appropriate officials be authorized to execute same. BACKGROUND: After experiencing a lack of bids on previous attempts to purchase pre- leased/pre-owned vehicles, the City commission authorized the use of Al Davenport, Inc., the city's auctioneer, to purchase pre-owned vehicles at the Orlando Auto Auction. This procedure has proven beneficial to the city in that the vehicles acquired in this manner have been of excellent quality at optimum cost. Al Davenport, Inc. is able to facilitate this purchase at wholesale cost due to his Florida Automobile Dealer's License. The only additional costs include a $200.00 per vehicle bidder's fee and transportation costs of the vehicle from the auction site to Clearwater. The three (3) vehicles will be purchased using confiscated funds from the Police Department's Special Law Enforcement Trust Fund. All three (3) vehicles will be assigned to the Patrol Division's Tactical Team, and will replace three (3) previously seized vehicles that have far outlived their serviceability. The maintenance costs of these vehicles render them unsuitable for continued use. These seized vehicles are not part of the mairistem operation and as such are not replaceable through the garage fund. The available balance in the Special Law Enforcement Trust Fund, 181-1-9331--641/521 091, is sufficient to provide funding for this purchase. Reviewed by: Legal Originating Dept: 0 1C Costs: S 33.Q40,00- __ Total C fission Action: A roved Budget P V. pp Purchasin l 04 S 33 000 ? Approved /conditions g Risk Mgmt. N/A . Current Fiscal Yr. ? Denied Cis N/A user Dept: Continued to; ? ACM Funding Source: Other ? Capital imp. Advertised: 13 Operating Attachments: Date: ® Other _ Special Law ?.; paper: Enforcement Trust fund t R ? N i d equ o re Subm t by: Affected Parties 13 Appropriation Code: ® Hone Notified 1$1-1-9331-641/521 091 13 Not Required City Ma a r •r i , Prt ed on recycled paper M? f Clearwater City Commission d d Me D 0:9203j:9:2 Agen a Cover MemOran U.111 CONSENT M I SUBJECT. Purchase hardware for desktop publishing system. RECOMMENDATION/MOTION: Authorize purchase of microcomputers and printers for desktop publishing at a cost of $29,258.91 from National Data Products in accordance with Section 42.23(4) (State Contract Pricing), and authorize a 5-year lease/purchase through AT&T Credit Corporation. 0 and that the appropriate officials be authorized to execute same. BACKGROUND: The Public Information Office/Graphics Communication Division is recommending the purchase of a new computer-based desktop publishing system to replace the current 7-year-old CompuGraphics typesetter. Features of the new system which are not available on the current typesetter, include: ° electronic creation and editing of artwork ° electronic generation, retrieval and editing of photographs ° computer assisted design ° wider variety of typefaces with unlimited sizing and rotational capabilities ° ability to electronically integrate text and artwork ° color separations prepared in-house The proposed system eliminates the need for cutting and pasting by hand; the chemicals, photographic paper and turnaround time associated with photo processing, and document retyping through the use of the scanner or documents submitted to Graphics on computer disk. The recommended printers provide typographic quality, plain paper black and white or color images for camera ready copy or color proofing. These capabilities will result in a significant time and cost savings compared to the limited typographic techniques used today. Also included in this project is a microcomputer for the Department of Administrative Services/Computer Information Services Division. This computer would be used as a backup for the proposed Graphic Reviewed by: Originating Dept: Costs: S 29,258.91 ission Action: C Legal N/A PUBLIC INFORMATION OFFFICE Total Approved Budget le-4-0 Purchasing f Approved u/conditions El Risk Hgmt. H User Dept: Current Fiscal Yr. ? Denied Cis ACM PIS-GRAPHIC COMMUNICATIONS; Funding Source: ? Continued to: other DOAS/C15 Capital Imp. ® Operating Advertised: ? other Attachments: Date; i' Paper: ® Not Required S by: Affected Parties Appropriation Code: ? ? Notified See Background Hone City an ® Not Required Cot P In ed on recycled paper -2- 5a Communications system and would be used to produce high-quality, on-line presentations to the Commission, the public and/or other departments. In addition, a second system at CIS would facilitate CIS' support of the Graphic Communication system and other Macintosh equipment In the City. The selection process for the recommended system included the release of a bid for a state-of-the-art desktop publishing system. Only three responses, all inadequate or incomplete, were received. The Graphics Communications Division, DOASICIS, Purchasing and the City Manager's Office then organized a committee to re-evaluate the City's needs. The committee recommended the elimination of the image setter, the costliest Item in the first proposal, and the procurement of less expensive items including a color laser printer and backup computer. Additionally, the equipment and software recommended by the committee is available from the state contract or was included in the original bid, eliminating the need for a lengthy re-bidding process. The hardware recommended for lease/purchase includes two (2) Apple Macintosh Quadra 950 Computers, one (1) Hewlett Packard Scanjet Scanner, one (1) Canon Xapshot ' Digital Camera, one (1) Koala (or compatible) Digitizer Pad and one (1) Apple Laserwriter printer. Funding for the Lease/Purchase was included in the Fiscal year 1991-92 Budget as Capital Improvement project #315-1-4790. Additional costs related to the project and their funding sources are as follows: DESCRIPTION COST FUNDING SOURCE Training: St. Petersburg Junior College 3492.00 555-1-9215-3031590 Corporate Training Program ., Software (includes operating system 3450.00 555-1-9215-6431590 and desktop publishing applications) 500.00 555-1-9215-5201590 TOTAL ADDITIONAL COSTS $ 6,942.00 ?s The Third Quarter Budget Review will include an amendment to increase the Graphic Communication Department's operating budget by $6,942.00 to cover these additional expenditures. This project is included in the computerization Long Range Plan as Item #9103. 'k_? x 4+ 0 c? 0 w W ?i H CI) E O O ?r 4+ 0 -O a a G .?C O ?I ?+1 r c? a H cb ?U a L? cu L]. ti c? a.a sv n $ 8 8 $ 8 8 8 S $ $ S 8 8 S g S ? a r r ? r lid 1? ? r? ? C) M 5 r Ml Q C 7 ? J w ? a 8 8 8 S $ $ S $ S S $ 8 8 $ 8 $ 8 8 ? o F ?L C3 :iti? .t g. s{'; ,.;f #• f r (;' }.,::::: Q x&(('R m E.. r r.p: <f :iv+H: rx is N. } .:.. .. x. C r {L? 'i2i. re• C? "::'t ... s ]' sr .i %:4: •:v ti:ij, s r., E{ t• :riK':: o} ?jri'l.•`r:: ? 133 .:x 'Y$:%:i;. Q } .i. Ct Ul w 1. W: ;' i; i4• ;f. 7? $ 'r 5:; :i : `;:?!7 ? " d? GO C V Q .S Tai : : ::i:.: . -j'A: :.[ : v,}i; . Y.-''T'.ii ?: .;:, % .r;,: ''" }? ;N;f..,: :{` ;af;.;. ?. x1?S.i... ::1xx;; ..}}. :2s,•s,:.. iTS,s:•: << ?Y¢ z S;a}.}; r?}?:.r ll,.: •.`!?'y: rT r r } S ' • ' ' ' ::S: ' r:b% } '. ii{:1 Y. F: :.?. .:f . .. r. ? : 4..t F :a::{:: ;s{S r.?. j::.iri .};Y ?:%:: :l ::4::? :i:'#%ri :•..,h i ?c[~: r}tii::.;e: ::Yk{:S;v ?•?^'?: . {fir: a ? o a a g a o ? ca a ra ?p $ ? S $ a ti $ N C3 O ca +ri p O F2 O m m O O m [A O O m O [D O l7 ` $ CO O m O Z Z z x 2 z z z z z z C%j Z u n n z z a N z C N N D a 9 Q g e a ? e a ? 8 8 a g ? $ 8 $ `? $ $ Q ? $ $ o - 4 m m m m m m w m C* ° m 0 m , r c m g d o z o z o o o 0 o o 0 o R N z z z z z z z co z r to w r ? $ g $ ` m CO m m m CO m 00 07 [A m m m m m m m m C ) m m 0 0 0 0 0 0 a 0 0 ?' 'off O o o o R o 0 o o 0 o o o o U z z z z z z z z n z Z Z Z N z Z z z z z z z O nl EL F S 8 $ 8 0 cri oo ?D O L) Ln N ? M 1M w z m CG OC p Lr N N {/? .. E it ? 0 m w ? w a i o z C o t> ro d °' w ° a sn x O i4 -1 2 U) 0 O m N a= ¢ w o a ? t7u o O Y }- z cc w r x z ? ? -- m O ? c is D U w a g d w a 0 N ¢ ¢ ¢ 4 J C3 cU) N U U CL a w w [ ¢ fl. O L ' Z 1 z > o 0 °) o w L) z 3 U, 8 w w m d > z N ¢ E E w 0 cz a w D m a a w w ww 2 ° O a c? O O L< m ¢ U ¢ a z z a° v 0 5 ul w ? a? n a w U3 M CC D zz to Z) S Lrr ? TE , Clearwater City Commission Agenda Cover Memorandum Nee et : 9.03-92 W SUBJECT: Amendment to the Sludge Hauling Contract for the Water Pollution Control Division. RECOMMENDATIONIMOTION: Approve an amendment to the existing sludge disposal contract with Davis Water and Waste Industries of Tallevast, Florida wherein Davis agrees to accept and properly dispose of wastewater residuals in accordance with Chapter 17-640 F.A.C. 0 and that the appropriate offfciats be authorized to execute same. BACKGROUND: On July 6, 1992, the City of Clearwater entered into the second year of a five year contract with Davis Water and Waste Industries to dispose of the City's sludge product from its three Advanced Wastewater Treatment Facilities. Previous to the Davis contract, the City had contracts with haulers for the purpose of spreading this sludge on City property. Our current contract calls for a much drier sludge to be disposed of at approved private sites. Sludge is no longer applied to our Hillsborough County land. The Florida Department of Environmental Regulation (FDER) informed us of the need to include in our agreement a "Hold-Harmless" provision for the City's protection. The Hold-Harmless provision takes the form of a contract amendment and calls for the City to produce a FDER grade "C" sludge, and Davis to accept all responsibility and liability for appropriate disposal. The attached amendment will accomplish this. 5t Reviewed by: originating Dept: Costs: S NA C ission Action: Legal Pubtic Narks/NPC Total Approved Budget i NJA W -L d Approved w/conditions Purchas ng N!A S NA Risk Mgmt. /A User Dept: Current Fiscal Yr. ? Denied CIS _ /A ? Continued to: ACM N/A Fording Source: Other ? capital imp. Advertised: ? operating Attachments: r C; l Date. ? other Amendment to contract J F Paper: Not Required Affected Parties Appropriation code: ? None l ? Notified gc yn ® Not Required U 0 r MENDMENT TO CONTRACT THIS AMENDMENT TO CONTRACT is entered into this by and between Davis Water & Waste Industries, hereinafter referred to as 4 "Davis Water and Waste Industries," and the CITY OF CLEARWATER, FLORIDA hereinafter referred to as "CITY;". " WHEREAS, on July_ 6,1919.2, Davis Water and Waste Industries and the City entered into a contract for sludge disposal, for the period 'July 3 t 1992, to JulY_ 31_, 1993, per specification of Sid 116-91 by the issuance ?. of Purchase'order No. 4121-92; and, , 1 WHEREAS, under Section 17--640.300(3), Florida Administrative Code ("F.A.C."), a domestic wastewater residuals generator may enter into an agreement with a contract residuals disposal company to protect themselves from liability related to the disposal of residuals by the contractor; NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions, set forth herein, the receipt and sufficiency of which are acknowledged, the parties agree that the following terms are added i ' { to the terms of this contract for residual disposal, which remains in full force and effect as if incorporated herein by reference: 1. The- City, as the residuals generator, is familiar with and ' shall comply with the applicable requirements of Chapter 17-640, F.A.C., E and shall provide residual material to Davis Water and Waste Industries,. 3 as the residuals land applicator, which shall meet the chemical criteria,' for "residuals suitable for land application" in accordance with Section 17-640.700(2), F.A.C. All delivered residual material shall be j stabilized to Class C standards as identified in Section 17-640.600(3), r F.A.C. 1 w??. ?: uul, v. a.rrr.?..a•?.=.1'y _^i .... .• . ? ..• .?. • .w? ?. ? ..? • .. .I.. ?.Y. .??r F.Y .....r • .. .?. .f? ? vf.t •n.. sw -... .• whir ?.'l.a. .'M.' 1 Y 53 2. Davis Water and Waste Industries' agrees to accept the responsibility for all Class C residuals treated as required by Chapter .17--640, F.A.C., and delivered by the City to Davis Water and Waste Industries, and agrees to properly dispose of such materials only on a M site which has been approved under an Agricultural Use Plan in accordance with Chapter 17-640, F.A.C. Davis agrees that it is aware of and shall comply with the requirements for proper disposal and site management identified in Chapter 17-640; F.A.C., and the City's wastewater treatment facility permit. 3. Davis Water and Waste _Industries and the City agree to maintain records of the total, quantity of residuals land-applied to this site 'and will file. with the Florida Department of Environmental Regulations an annual summary of the total quantity of residuals, heavy metals and nitrogen land--applied to the approved site. Attest: j66,? , ecretary Davis Water & Waste Industries By: i ent Countersigned: '.."Rita Garvey Mayor-Commissioner 4 Approved as to form and correctness: M.A. Galbraith, Jr. City Attorney CITY OF CLEARWATER, FLORIDA By: Michael J. Wright City Manager Attest: Cynthia E. Goudeau City Clerk ,,, ., I „? 1 t i? CLEARWATER CITY COMMISSION etin Date 9-3-92 Agenda ver Memorandum o CONSENT yj =j SUBJECT: Monitoring Program for Clearwater Pass Bridge. RECOMMENDATION/MOTION: Approve the continuation of the Clearwater Pass Bridge monitoring program with Kisinger Campo and Associates Corp. for 12 months, from October 1, 1992, through September 30, 1993, at a cost of $99,500. ® And that the appropriate official be authorized to execute same. BACKGROUND: In June of 1987 when the Clearwater Pass Bridge abruptly settled a vertical distance of 10 inches, Kisinger Campo engineers were engaged to effect an immediate emergency repair and closely monitor the bridge for additional problems while the City awaited the long-term effort whereby Federal Highway dollars administered through Florida Dept. of Transportation could be obtained for a new bridge. In November, 1987 the City approved a multi-year agreement with Kisinger Campo and Associates to design and implement a bridge monitoring program, which will expire on September 29, 1992. There is a need to continue the monitoring program until the completion of the new bridge in early 1996. Therefore, Kisinger Campo and Associates Corp. has submitted a monitoring plan for the continuation of the monitoring program begun in 1987. This program will provide for periodic inspection and evaluation of bottom scour; pile embedment and the bridge structure; continued monthly review and recommendations regarding tilt sensoring devices which constantly monitor bridge movement; as well as the review and installation of cathodic protection (corrosion control), in the form of sacrificial anodes which corrode to protect bridge members from corrosion. The available balances in these two codes is sufficient to provide funding for the Clearwater Pass Bridge monitoring for one additional year. Description Amount Code Repairs $ 25,000.00 315-1-3469--638/541 Monitoring $_74,, 500.00 315-1-3479--613/541 TOTAL $ 99,500.00* Reviewed by: i originating Dept. Costs: x$99,500.00 ` Commission Action Public Works/Engineering Legal (Current FY) Approved Budget user Dept. ?.. ; Funding Source: = Approved '?-- w/conch t i ons Purchasing NA Capt. Imp. X I i ; Denied Risk Mgmt. NA ' Advertised: Operating Cont'd to DIS NA ; Date: I Other = ACM NA = Paper: Appropriation Code(s) Attachments: other NA Not required NA E 315-1-3469-638/541 Letter & = submitted by: ' Affected parties Monitoring Plan notified ; 315-1-3479-613/541 -- ,yf City Manager f Not required NA = monitar. agn CS . 11100 I, r , A ,I. ;N Is KIS1Nr?,ZIJ8I Mr. William Baker ca p ,? birector of Public Works r, alN U V0o 4 City of Clearwater CONE" 7-0: '.? . p:O. Box 4748 ME: Clearwater, FL 34518 RE,: Continuation of Monitoring Plan for the Sand Key Bridge, Bridge No. 155508 Dear Mr. Baker: Enclosed. is the revised monitoring plan per our meeting on May 14, 1992. This plan is for one (1) year beginning October 1992 and continuing thru September 1993. We anticipate using the city's 'staff and equipment where possible to minimize the cost to the City. We are looking forward to working with your.staff on the continuation of this vital project. If you have any questions please call my office. sincerely, % 21t 19,92 n!rELrc ttit Frr??<rns??rr INIFT A 117,: {r• T'RtiN I NY IJ r S ?'3 }?,'?? CE,('i C7 f'Y U 7M ?a Ken Reinhold Director of Inspections KCR:la En rl i 4 a ' h) i' dome Wce/Pa Box 25231 • Unya, Florida • 3362M261 2203 N. Lois Asenae • Suite 410 • `Iiunpa, Florida 33607.11IH71.031 • FAX- 8131871.51195 635 AM SmttA Imic • 71fllahamwe, Florida 32303.004iUr)a8800 * Fe1X: 00V3842298 301511a OY ItOrui -SWte I -Jadwnvllle, Florida 82257' 0D4/200d33011 i .4 E i c' r '. .. ? Vie ? .. , i .. - .. .. - ? ., f 35. • fib.°. .' .? -.. r, CITY OF CLEARWATER F .• t 'f:p ... SAND KEY BRIDGE '.: BRIDGE NO 15550$ . .. ti MONITORING PROGRAM FROM OCTOBER 1992 THROUGH SEPTEMBER 1993.. 5 t F } ,` . ? ? ? ? ? - ? ry ' • .. d A 1- F . r X r Sand'` Key Bridge . _ ' ';.... .. _.. . ..a... :.. .: -. .... _ (. Monitorin Plan' .. - .. F .. . . . ' Table of Contents Pa e s Monitoring Plan Review 1 and: 2 Cost Estimate Charts " 3 t ? ..... 11 .. . i ., .g,.. r ...W.w° ,. • , r a ..ur j ..r po v ?..... .U+FSIn»u.ey.e..- ] . 1's' I I t SAND KEY BRIDGE MONITORING PLAN REVIEW !l The current monitoring program has worked well for its original intent of providing adequate warning of impending settlement and scour. Complete expiration will be September 1992. The new plan begins October of 1992 and continues through September 1993. The following is a brief outline of the continuation of the plan and the activities involved including the City's participation: (A) Bay Bottom Monitoring and Evaluation 1. KCA measure pin to bay bottom every 3 months beginning in October 1992 thru July 1993. 2. KCA evaluate data obtained with submittal of report to the city on findings.,- 3. KCA install pins in steel crutch bent piling where original piling have been removed to monitor channel bottom changes. (November 1992). 4. The City and KCA request more frequent inspections based on unusual weather conditions, storms, tides, effect of new bridge construction, etc. These will be in addition to those mentioned in this plan. 5. Use of city's boat or barge may be necessary. (B) Brid ge Inspection and Evaluation 1. KCA inspect all,components in April 1993 (excluding ' mechanical and electrical components). This includes observing the cap beams deflection at the crutch bents. 2. KCA evaluate all data obtained and submit a report to the City on findings. 3. Use of City?s barge or boat may be necessary,. Page 1 t y r' r. c 4 f Vt 0 s SAND KEY BRIDGE MONITORING PLAN-REVIEW (C) Sacrificial Anode Evaluation 1. KCA monitor anodes for deterioration in January 1993 and July 1993. This includes checking bolt connections. 2. KCA add additional anodes when 50% deterioration occurs. (Estimated February 1993). 3. KCA check steel pile thickness during anode evaluation. 4. Use of City's boat or barge may be necessary. (D) Tilt Sensor Evaluation and Survey Data Evaluation 1. KCA field review tilt sensor operation monthly. 2. KCA review tilt sensor data monthly. 3. KCA advise if repair or replacement of defective sensor equipment is necessary. 4. KCA submit manufacturers invoices to the City for repair or replacement of tilt sensor parts. 5. City electrical personnel and other staff may be necessary to assist in checking existing sensors and equipment. City barge, boat or bucket truck may be necessary. 6. KCA suggests the City discontinue use of tilt sensors, control console and recorder on north end (tenders house). City remove sensors and all equipment for storage at their discretion. , 7. City's survey personnel continue to take cap elevations and joint widths monthly. Submit data to•KCA. 8. KCA review and plot survey data monthly. 9. KCA and City may request more frequent survey monitoring if conditions warrant it. 10. City will continue enforcing speed and weight restrictions on this structure. (E) Additional requests -by the City not included above will be negotiated at the time of the request. Page 2 8/5/92 MONITORING PLAN FOR SAND KEY BRIDGE Bay Bottom Bridge Month and Monitoring & Inspection Year Evaluation Evaluation Oct. 1992 01 $ 7,000.00 $ -- Nov. 1992 51000.00 @ -- Dec. 1992 -- Jan. 1993 #2 7,500.00 -- Feb. 1993 -- March 1993 -- -- April'1993 #3 7,500.00 #1 12,000.00 May 1993 ---- - June 1993 -7 --? July 1993 #4 7,500.00 ---` August 1993 -- -? Sept. 1993 $ 34,500.00 $ 12,000.00 * Approximate anode replacement cost if necessary. @ Install pins at crutch bent pilings. TiltSensor Sacrificial Evaluation Anode & Survey Evaluation Evaluation #1 $ 11500.00 #2 1,500.00 ;:. -- #3 11500.00 #1 7,500.00 #4 1,500.00 20,000.00* 45 1,500.00 #6 1,500.00 S. 5-- #7, 1,500.00 ` s. #8 1,500.00 -- 149 1,500.00 #2 7,500.00 #10 1,500.00 is #11 11500.00 z -- #12 11500.00 $ 35,000.00 $18,000.00 TOTAL $ 99,500.00 f 4 E. .7 1 ' r6.: h: 0 • la I tam i ?- ' Clearwater City Commission Meeting Oate• a3 92 rE Agenda Cover Memorandum CONSENT .• ? lio SUBJECT: Liquid Alum for Water Pollution Control Division. RECOMMENDATION/MOTION: Extend the current contract to purchase Ligt?id Alum for the Water Pollution Control Division from 10/01/92 - 09/30/93 at an estimated cost, of $140,000 from General Chemical Co., Parsippany, N.J. ® and that the appropriate officials be authorized to execute same. BACKGROUND: The Water Pollution Control Division (WPC) is mandated by the United States Environmental Protection Agency (US EPA) and the Florida Department of Environmental Regulations (FDER) to remove phosphorus from its treated wastewater at the Marshall Street Advanced Wastewater Treatment Plant. The permits require that effluent concentrations of phosphorus not exceed a limit of one part per million. Liquid alum is used to reduce phosphorus concentration to a point at or below this limit. Alum is one of the most widely used and cost effective chemicals for this purpose. The Purchasing Department policy allows for annual contracts to be extended for periods beyond the initial contract performance period, provided the total performance period not exceed 36 months and the vendor agrees to hold their prase. This is the second annual contract extension authorized by bid specifications. In November 1990, 15 bids were solicited. Of this total only 1 bid was received. There were 8 no bids and 6 no responses. General Chemical Corp. has agreed to extend the current price for alum for the period October 1, 1992 through September 30, 1993. r. Funding for this contract has been requested in the 1992-1993 operating budget. Reviewed by: Originating Dept: Costs: _$_140,000 Commission Action: Legal NIA Public Works/WPC Total Approved Budget P h i © Approved w/conditions urc as ng Risk Mgmt. 1 A User Dept: Current Fiscal r. 17 Denied Cis N A Public Works ? Continued to: ACM 111A Funding Source: Other E1 Capital Imp. Advertised: 0 Operating Attachments: "{7. Date: Paper: El Other Confirming letter , ? Not Required Su b Affected Parties Appropriation Code: 13 None I 13 Notified 421-1-1350-504/535 Ci MM gerf ® Not Requirud ¦ E ?hemrcal WATER CHEMICALS GROUP April 24, 1992 gms' 90 East Halsey Road Parsippany, New Jersey 07054 Telephone: (201) 515.0900 City of Clearwater Purchasing Division 711 Maple Street Clearwater, FL 34615 ATTN: Phil Janoche Dear Mr. Janoche: General Chemical is pleased to extend your current contract for Liquid Aluminum Sulfate as follows: ui Alum in if In Tank Tracks............ $119.75/NT Tariff Minimum, F.O. B Destination Terms: Net thirty (30) days from date of shipment Availability: 1 to 2 days after receipt of order The above price is firm for the period October 1, 1992 throuph September 30, 1993. E We appreciate the business that you have favored us with in the past. We look forward to continuing to supply your Liquid Aluminum Sulfate requirements. Very truly yours, A S Rhonda R. Douglass Market Data Administrator w.r. c. Dr*r mox To r:. - so tom. RRD/tpw/064 D.....?._ 13 ? r.a. - ? xsP. 13 B-c r-1 t* `1 SE}? 4 item it "to fw Clearwater City Commission Meeting Date; 9.3.92 rEa Agenda Cover Memorandum Y(O (InNCIPtT PtA)r7 SUBJECT: Purchase liquid polymer for the Water Pollution Control Division. RECOMMENDATION/MOTION: Award a three year contract from 9-15-92 through 9-14-95 for the purchase of Polymer from Rhone Poulenc Inc., Parsipany, NJ for an estimated $606,000, being the lowest most responsive bid submitted in accordance with the specifications. ® and that the appropriate officials be authorized to execute same. BACKGROUND: Polymers are needed as thickening and dewatering agents for wastewater sludges at the City's three Advanced Wastewater Treatment Facilities. Polymer vendors were invited to participate in lengthy full scale performance evaluation trials during October and November 1991. Five vendors responded to the invitation and participated in the trials. Bids were subsequently solicited from only those vendors who established that they could meet performance criteria. Five bids were solicited, four (4) bids were received, and there was one ( 1) "No Response". The low bid price was established by multiplying the price per pound of product by pound of product required per ton of dry solids for each plant. Rhone Poulenc's bid factored out to $27.67 per ton of dry solids. Rhone Poulenc proved to be the most efficient and cost effective. Funding for the current year expenditures of $800011S. included in the FY 91192 operating budget. Funding of $180,000 has been requested in the FY 92193 operating budget. Costs to be incurred under this contract after 9/30193, $198,000 for FY 93194 and $220,000 for FY 94195 will be included in the Manager's Recommended Budget for the appropriate years. Reviewed by: Originating Dept: Costs: i 606,000 Carmission Action: Legal N/A public Works/WP Total Approved Budget P i ZW-1-j -1V- 13 Approved w/conditions urchas ng fi 8, ODD Risk Mgmt. /A User Dept: Current nt F Fi scal Yr. E3 Denied Cis NIA ? Continued to: ACM H/A funding source: Other ? Capital imp. Advertised: 0 Operating Attachments: Date: 6-19-92, 6-26-92 ? Other Bid Tab n Paper:Pinetlas Cty Review, Tampa Tribune submitted by: Not Required Code: Appropriation 13 None Affected Parties ? Notified -1350-504/535 City m ting ? Not Required _.-'m j • O O O ! I 1 h N m W trl ti / c1 a o a 1 v -. o m M m oII ?b 1 H +-i O O d ! a 7Q .. .•, .? +G o Vif r: i qW+ • ?t a G O ! 4 to W F? '+ w w r l N 1 a 4' I M N i U i s M trj 6 U W G?f •' 1 M O O Q 1 N M 1$ O Ch NI O? C• O O O 1 d .? N LC ?T M 4I W 1 nG ' d a 4 O ! a N7 w .-, t•1 1+ w e•j kb 1 a [? O O 1 N y V Epwy .? w .-I N n'1 1 a N tf1 .1 C7 O O O 1 C, i? Co p4 1 M v 1+' F N w w i to co 54+ i i q F ; r n M n i a .Ut i z n -a N N N w CLd U P4 a Q 0 1 N N b1 W co b1 v N 1 a 4 a ! v r+ m n tr n h 1 ti o a c i V N O• M r °• a+ r•? i • N M ['1 C•1 tL 1 KI 1 2?., ? v+ a o a CA w' p 1 1 0 0 0 1 m a o a m o tr% o? 1 . N d G O Q ; W O rA l'1 O p .7, 4 O Q 1 N w N CO - W w 1 M M M O O O / t-7 .+ rt ry w•t M 1 O d , ? ac o c a ? , avc I EFr-',? Q D (D o °o i W in v M ' %b ! W ! z r•1 S ti .a•? jOWs? n ? • ? p.p.7 6 U w w v ? W w t ` 0 a o a G ? o o W rI M H 1 Ul P4 P N rl. Hit] t/1 Pt ? Q ? O f't Q F M F r!] b. H 8 6 ppW cti7 II .tea w p {p.?? P7- 9 E4 lp ? ? ? fi7 aC ?sQCj ? qD WII WM tD.7 ? O W Rt q W + iW.9 F M v?ppl t?7 111 I I Vol (?'? fa G Ch rn a O v1 u o-C fa a' ?C S v m C4 M p, ' E: Clearwater City Commission oAt 4---L°-3?z- r?eAgenda Cover Memorandum CONSENT 10WIZ Contract for Parking Attendant Services - Beach Lots RECOMMENDATIONIMOTION: Award`a contract for parking attendant services at the Pier 60 and S. Gulfview parking lots for the period 10101192 - 9130193 to Republic Parking Systems, Chattanooga, TN, at a cost of $230,829.83 06,491hour based on 35,567 attendant hours) which is the lowest most responsive and responsible bid submitted in accordance with the specifications. ? and that the appropriate officials be authorized to execute some. BACKGROUND: Attendant parking was selected by the City Commission to enhance the public relations aspect of the Clearwater Beach parking facilities. Bids were received 7108192 to provide parking attendant services at Pier 60 and S. Gulfview parking lots. Five bids were received. The low bid, Republic Parking Systems, is the present supplier of this service at Pier 60 and is responsive to all bid requirements. The actual dollar amount of the contract will be based on the number of hours worked. If the hours of operation are decreased, the per hour cost will be the basis for adjusting compensation. The estimated cost of utilizing City employees ("permanent/part time" parking attendants) to perform these duties was $273,545.00. The tow bid of $230,829.83 compares favorably with this estimate, providing a savings of $42,715.17. Based on this economic comparison, it is recommended that City employees not be utilized as parking attendants at the beach parking lots. The City Traffic Engineer, Director of Public Works, and the Purchasing Manager concur with the recommendation. The 1992/93 Parking System Operating Budget includes sufficient funds for this contract. Revi Legal try: H Originating Dept: LA PW/Transportation Budget Purchasing Risk Mgmt. User Dept: Cis N%A Pik/Transportation ACM NCI Other (Advertised; ?)'Date: 6/19/9?' & 6126/92 y Papert PC Review & Tampa Trib. -- 13 Not Required Affected Parties ® Notified 0 Not Required 0 rinted on re:ycled paper Costs: S 230.M29.83 T Total 5 0.0D Current fiscat Yr. Funding Source: ? capital imp. ® operating 13 Other __ _ Appropriation Code- 435-1-1333-303/545 commission Action: bF? Approved ? Approved w1 conditions ? Denied ? continued to: Attachments: Bid Tab 127.92 ? None V. "I . , .1 N PC LJ ? ? 1 rho 1 O ~ ?• j N (pW?y N 1 z t!1 h-1 s, q. v N a -C* 1 3 ti so ' C7 w „ 10 _ 000 S + 1 N Pl 1 O? co ! 4 1 N . ? .o ;. pM? 04 U • SC" M t4 Fi i? 1 N vn i o i a .. 1 .r 1 r. N L Ti m ? 1 1 v w . U 1 N h 1 ? In 1 1'1 N it {1[{ f ' H t/1 ? f ? ff i 4 ~ CIO O ? ?µsTy1 ?L CA U tA ! ?U?.11 O S N P4 ? [t[om? N H f/1 N v? O N ? ti a~a w zi d •• ., F , at km at in N , A H N G O ? ? a ., cq hl rl ? WWW 1M4 ° O P4 D W 5 P N N t M pp a ul 4-• M 0 M r on a1 z l , ? i S r 19 FILED ;;q FILE. BID RESPONSE FORM (127-92) Item Quantity Commodity Description 1. Year Parking Lot Attendant Service Parking Lot Attendants (cashiers)?? ' to. collect, secure and deposit monies & from beach parking lot patrons as instructed by the City's Transportation personnel.. j Locations include the following-beach lots: Pier 60 (Lot 31) South Gulfview (Lot 32 & 32-2) (Detailed Specifications attached). PLEASE SEE RESPONSE SHEET ON PAGE ,(6)_ Contact Tracey Bruch, for questions regarding this bid at (813) 462-6572. F.O.B. Clearwater, FL Payment Terms : 30 davs Start Date: -September 1. 1992 BIDDER REPRESENTATION 1'represent that this bid is submitted in compliance with all terms, conditions and specifications of the Invitation for Bid and that I am authorized by the owners/principals to exQcute and submit this bid on behalf of the business identified below. BUSINESS NAME : . National Garages, -Inc- FID-0381-274-5S3 STREET ADDRESS : 550 W. Fort Street Detroit. Mich. 48226 PRINT/TYPE NAME OF AUTHORIZED REP- Bob Cable SIGNATURE OF AUTHORIZED REP : A A-&6 DATE SUBMITTIED : 7-6-92 TELEPHONE: %)l-372-763q -3- f' S M ?ff t t i -. `3-rrd -s, ,to Q3Ar363U3l1d Milo ? IN9 011 ors nd 1 BID RESPONSE rOR14 (127-92) Item Quantity Commodity Description No. I. Year Parking Lot Attendant Ser-rice Parking Lot Attendants (cashiers) to collect,-secure and deposit monies from beach parking lot patrons as instructed by the City's Transportation personnel. Locations include the following -beach lots: Pier 60 (Lot 31) South Gulfview (Lot 32 & 32-2) (Detailed Specilicati.ons attached), .1 PLEASE SEE RESPONSE SHEET' ON PACE Al Contact Tracey Bruch, for questions regarding this bid at (813) 462-6572. F.O.B. Clearwater, FL Payment Terms: Within Ten days after receipt of invoice Start Date: September 1, 1992 . I 1 BIDDER REPRESENTATION I represent that this bid is submitted in compliance with all terms, conditions and specifications of the Invitation for Bid and that I asp authorized by the owners/principals to execute and submit this bid on behalf of the business identified below. BUSINESS NAME: Im2er'ia3 Parking, Inc. FIDO 41-1640707 STREET ADDRESS: 514 Ni.collet Avenue, Suite 514 PRINT/TYPE NAME OF AUTHORIZED RE d?o rmick SIGNATURE OF AUTHORIZED REP: DATE SUBMITTED: July 7, 1992 TELEPHONE: (6121 341--8000 -3- s, t r i. 14 a A 0 i i , I? .. f 1 3 'BID RESPONSE FOR14 (127-92) Item Quantity Commodity Description No. 1. Year Parking Lot Attendant Semite Perking Lot Attendants (cashiers) to collect, secure and deposit monies from beach parking lot patrons as instructed by the City's Transpartation personnel. Locations include the following -beach lots: Pier 60 (Lot 31) South Gulfview ? (Lot 32 & 32-2) (Detailed Specifications attached). PLEASE SEE RESPONSE SHEET ON P_A.GE (6)- Contact Tracey Bruch, for questions regarding this bid at (813) 462-6572. F.O.B. Clearwater, FL Payment Terms:. (SEE ATTACHED) Start Date: SEPTEMBER 1942 BIDDER REPRESENTATION I represent that this bid is submitted in compliance with all terms, conditions and specifications of the Invitation for Bid and that I am authorized by the owners/principals to execute and submit this bid on behalf of the business identified below, BUSINESS NAME: REPUBLIC PARKING SYSTEM FID# 621340257 STREET ADDRESS: 1600 REPUBLIC CENTRE, CiiATTANCOGA, TN 37450 PRINT/TYPE NAME OF AUTHORIZED REP: RON R. McDONALD SIGVATURE OF AUTHORIZED REP: t DATE SUBMI'T'TED: _JUnY 8, 1992 TELEPHONE: 675/756--2771 -3?- ` w r j Item z? i x PUBLIC ENTITY CRIME SWORN STATEMENT FILED IN CY 19, BID RESPONSE 'FOR1i (127-92) Quantity Commodity Description Year Parking Lot Attendant Service Parking Lot Attendants (cashiers) to collect, secure and deposit monies from beach parking lot patrons as instructed by the City's Transportation personnel. Locations include the following-peach lots: Pier 60 (Lot 31) South Gulfview (Lot 32 & 32-2)• (Detailed Specifications attached). PLEASE SEE RESPONSE SHEET ON PAGE 161 Contact Tracey Bruch, for,cruestions regarding this bid at (81,3•) 462-6572. F.O.B. Clearwater, FL Payment,Terms: Net 20 Days Start Date: September, 1922 _ BIDDER REPRESENTATION I represent that this bid is submitted in compliance with all terms., conditions and specifications of the Invitation for Bid and that I am authorized by the owners/principals to execute and submit this bid on behalf of the business identified below. National. Building Maintenance BUSINESS NAB: dba/Janus Security ervicgs:ID9 59-08751 58 STREET ADDRESS: 5005 N_ Hesperides St. Tamna, FL_ 33614 PRINT/TYPE NAME OF AUTHORIZED REP: Ursula Pa President SIGNATURE OF AUTHORIZED REP: -"DATE SUBMITTED: July 8 ? 1992 ?TELE..•.0i4E:(81 3 )447-6261 3 { t F F i Jf 1 T: n t i . 1 O JN ?r REV E a BID RESPONSE FORM (127-92) item Quantity Commodity Description No. 1. Year Parking Lod Attendant Se=rice Parking Lot Attendants (cashiers) to collect, secure and deposit monies from beach parking lot patrons as instructed by the City's Transportation personnel. Locations.include the following beach lots; Pier 60 (Lot 31) South Gulfview (Lot 32 & 32-2) (Detailed Specifications attached). PLEASE SEE RESPONSE SHEET ON PAGE (6) Contact Tracey Bruch, for questions regarding this bid at (813) 462-6572. F.O.B. Clearwater, FL Payment Terms: 30 Days Start Date: September 1, 1992 BIDDER REPRESENTATION I represent that this bid is submitted in compliazice with all terms, conditions and specifications of the Invitation for Bid and that I am authorized by the owners/principals to execute and submit this bid on behalf of the business identified below. BUSINESS NAMIE:Central Parkina-Svstem of FIDn 62-1190082 Florida, Inc STREET ADDRESS: 100 South Ashley, Suite 1220, Tamoa, FL 33602 PRINT/TYPE NAME OF AUTTRORIZEA REP: Je ' Q £e, :R;?iona1 Manager SIGNATURE OF AUTHORIZED REP: DATE SUBMITTED: July 8, 1992 TELEPHONE: 813-221-2754 i -3- r i t t PE ML ATI N FOR PARKNG &TITENDANTS - BEACH IQT-S j GENERAL: cj?` Provide uniformed and well groomed personnel to collect, secure and deposit monies from beach parking- lot patrons as instructed by traffic engineering personnel. Secure designated beach parking lots, when necessary, as instructed by Clearwater Police Department personnel. The parking lots are operated as a pay upon exit facility already equipped with revenue control equipment and automatic gates. The Parking Attendant - Supervisors will be required to ensure all personnel are present each shift. The Supervisors shall also be available night or day to discuss and resolve any problems, changes in personnel or change in operational procedures. City vehicles will not be provided for any transportation function or purpose. Each cashier booth is equipped with a telephone and directly able to contact the Clearwater Police Department Communications Center for emergencies. The vendor is responsible for providing the necessary money required to make change for the customers. 'The rates are $1.00 per hour, charged in 15 minute increments ($.25 for 15 minutes). LOCATION AND HOURS OF OPERATION OF LOTS: See attachment - Lot 31 (Pier 60) and Lot 32 (So. Gulfview) - Parking Attendants The hours listed are subject to change (increase or decrease), depending on the season of the year or other factors determined by the City of Clearwater. RESPONSTBTLITY: Attendant's responsibilities include, but are not limited to: -Operates a revenue control fee computer for the purpose of collecting hourly parking fees and balances cash drawer with "Cash Report" at the end of each shift. - Fills out necessary "Transaction Recap" forms and the end of each shift I ,! 1 E S 7 0 - Clears ticket spitter of jammed tickets and fills when necessary. - Cleans the attendant's booth area and all gate equipment cabinets. - Assists customers when necessary (either entering or exiting lot). - Explains charges and gives routine information to the public. Secure designated parking areas with chains, barricades, etc. as instructed by the Clearwater Police Department. Supervisor's responsibilities include, but are not limited to: - Ensures all lots are properly staffed in accordance with estabished hours of operation. - Ensures all attendant's are well groomed, trained and aware of all policies and procedures. - Trains all attendants on the fee computer and informs them of all policies and procedures. - Runs all "Cash Reports" from each fee computer at the end of each shift. j - Secures the deposits from each shift of each lot and makes daily and nightly deposits at a local bank as instructed by the Traffic Engineering Department.- Fills in for attendants during breaks and assists during heavy periods of exiting. - Changes paper on all printers. - Provides change for attendants. - Responds to attendants in case of any reports of trouble, etc. - Ensures that all booths are kept clean and well organized. UALMCATI NS OF ATTENDANTS: - Must be bondable - Must be able to accurately calculate hourly fees and make correct change. - Most be able to communicate in a professional manner with the public. - UALMCATIONS OF BIDDER: At least three (3) consecutive years of a successful history of parking lot operations, cashier operations, or other customer oriented service fields is required. References must be made available upon request. REQUIREMENTS OF BIDDER: ` - Must meet the City of Clearwater's General Conditions. - Must be able to contact a supervisor 24 hours a day, 7 days a week. - Must provide a bond on all personnel within 15 days upon award of bid. ,t 2 y .v 1 ' i i ? 1, - Must possess an occupational license to do business in the City of Clearwater. I :.? LENGTH OF COYMACL The contract shall run for a period of one (1) year and will include two (2), one (1) year renewal options. Failure to fulfill any terms of the contract shall be grounds to terminate the ` .. 4 contract. Tentative date scheduled for beginning operations is September, 1992. } OTHER CONSIDERATIONS: Bidder must.furnish Certificate of Insurance consistent with requirements specified in General ?i Condition 17. 1 StE? ' I ?3 3 E 1 L QT 32 M. GULUUM - PARKING ATTENDANTS NORTH LQT? OLD: 1. 9 Months with 2 attendants 2. 3 Months with 0 to 1 attendant (Supv, at Pier 60 will assist) LOT PEN 6 AM - 2:30 AN ATTENUANT HOURS: 10 AM - 10 PM (*13 Hours per day) 1. 182 hours/week x 38 weeks = 6,916 Hours (Maximum) 2. 91 hours/weak x 14 weeks = 1,274 Hours (Maximum) 8,190 Hours/Year Lot will be open at 6 AM; however, the attendant will not be on duty before 10 AM or after 10 PM, Anyone exiting the lot before 10 AM or after 10 PM will exit via the south lot (32- 2) exit. SOUTH_LQT f3 - : 1. 9 Months with 2 attendants e 2. 3 Months with I attendant (Supv. at Pier 60 will assist) LOT OPEN 6 AM - 2:30 AM ATTENDANT HOURS: 6 AM - 2:30 AM ('121.5 Hours per day) 1. 301 hours/week x 38 weeks = 11,438 Hours 2. 150.5 hours/week x 14 weeks = 2 1 7 Hours 13,545 Hours/Year TOTAL HO!RS-(MAXVqW - LOT 32 ATTENDANTS: 21,735 Hours/Year * Additional hour for opening and closing functions. 4 E ,I t? 12 Months with 2 Attendants (One as Supervisor to assist with this lot and lot 32 during heavy periods of exiting and breaks, banking, equipment malfuntions, etc.) LOT OPEN 7 AM - 1 AM ATTENDANT HOURS: 7 AM - 1 AM (*19 Hours per day) 266 hours/week x 52 weeks = 13,832 Hours/Year TOTAL HOURS - LOT 31 PARKING ATTENDANTS: 13,832 Hours/Year,.;,. .1 Additional hour for opening and closing functions.` F t-. , f i 1 ' j .. D The basis for comparing bids will be based on the following approximate number of hours: Lot 31 (Pier 60) 13,832 Hours Lot 32 (S. Gulfview) 21,735 Hours (Maximum, could be less) TOTAL-APPROX. M MBER OF HQURS 35,567 Hours TERMS : *PER HOUR COST $ _[Hr. x 35,567 Hours = $ {. t TOTAL B1 1D *PER HOUR COST, t' The per hour cost will be the rate applied to the cost of salaries and all other expenses ? ? .. (i.e., uniforms, insurance, worker's compensation, supervisory, etc.) related directly S to the number of hours an attendant is on duty. If the City determines the need to adjust the hours of operation of. any of the lots, either increased or decreased hours, the per hour cost will remain the same. r f' { E r t j" F f r, f i 6 i L f I l E ?i?grrN 1 C I T Y OF C L E A R W A T E R POST OFFICE BOX 4748 CLEARWATER. FLORIDA 34618.4748 t f 4 . ! y f June 17, 1992 S Dear Vendor: 1 Amendment 1 To cil? Of Clearwater Bi.d I27-92 . 'The Bond that is referenced on page two (2) of..the Specifications is to be in the amount of $25,000.00 We sincerely hope this has not caused you any inconvenience and look forward to your bid response on July 8r ].992,• Sincerely, 1 George McKibben Purchasing Manager E 1„ t•. v • ?. JI F f y}' t I I v , I F F Action Employe) 1 E4?al'EmptoymenI and Alf irmalive :.'.a.....; ,'_ tf • ? [ f r7 cjA/i ra ,`ti? I,. ??r y C I T Y O F C I. E A ' R W A T E R A POST OFFICE BOX 4748 ?f?1 ?~11 CLEARWATER. FLORIDA 34618.4748 r 1 June 26, 1992 Dear vendor: . .t i' Amendment # 2 To City Of Clearwater Bid 127-92 '- F: Exhibit A to City of Clearwater Bid 127-92, which was A._ inadvertently omitted from the original bid m ailing, is forwarded for your use. If you have submitted a bid, and P , wish to amend your response, please forward your change not later than the bid opening date (July 8, 1992)•. Facsimile changes will be accepted if necessary - FAX (813) 462-6865. r We regret any inconvenience this may have caused. ':. . Sincerely, 1 t 4'.. .? , Georue McKibben k ? Pure has ing Manager ' k` s q, k ? i 3 S e •i 1 I 4 ?.. r=. 1 n rr 1 C .w n 1 '1 a r.P n 1 9 n N .? 1 1 r f!1 r { rti I i CLEARWATER CITY COMMISSION c Date o9/03(9? Agenda Cover Memorandum t` CONSENT SUBJECT: Structural Reinforcement of the North Sanitary Sewer Interceptor to the East Advanced Water Pollution Control Facility. RECOMMENDATION/MOTION: Award a contract for Structural Reinforcement of the North Sanitary Sewer Interceptor to the East Advanced Water Pollution Control Facility to Insituform Southeast, Inc., of Jacksonville, Florida, far the sum of $23,, 15 5.0 0, in accordance with Section 42.23 (2) of the Code of Ordinances. (Sole Source) ® And that the appropriate official be authorized to execute same. BACKGROUND: The north sanitary sewer interceptor to the East Advanced Water Pollution Control Facility crosses Alligator Creek at the west end of the Long Center on Belcher Road. The interceptor is 30" reinforced concrete at this location. Historically, the pipe,has been completely underground. Land development and roadway improvements in the Alligator Creek Drainage basin have increased the water f low resulting in erosion of the creek bottom. This deepening of the creek has exposed several joints of the interceptor line. After studying the various alternatives to correct the problem, it has been determined that pipe reinforcement from the inside will be the most economical and least environmentally damaging repair method. The reinforcement will be accomplished by installing an extra thick Insituform liner within the interceptor at the creek crossing. Insituform is a patented process and as such this contract is to be awarded as sole source under Section 42.23 (2) of the code of ordinances. The available balance in this project, Code 315-1-6632-637/535, Sanitary Sewer Renewal and Replacement, is sufficient to provide funds for this contract. Reviewed by: vestpLapn ? Legal N/A I 1 it Purchasing I Risk Ngmt.N/A DIS NZA ACM N/A other N/A SuUnitted by: Ci[y Ma ger originating Dept. G Costs: $23,155.00 = Comaission Action Public Works/Engineer'ng (Current FY) = Approved User Dept. Funding Source: Approved i w/conditions N/A I Capt. Imp. X Denied Advertised: operating = Pinellas County Review Cont'd to Date: N/A i other Tampa Tribune j Date: N/A { Appropriation Code(s) Attachments: Not required ? Affected parties notified ...Not required N/A 315-1-6632-6371535 if Clearwater City Commission Agenda Cover Memorandum CONSENT FcIK SUBJECT: MICROGRAPHICS SERVICES (35MM) RECOMMENDATION/MOTION: Extend contract for 35MM micrographic services with Micro Image, Inc. of Tampa, including amendments, for the period 10/1/92 through 9/30/99 per bid specification of Hid 11-91 for an estimated total of $15,000.00 ? and that the appropriate officials be authorized to execute some. BACKGROUND: in January 1991, the city Commission approved a purchase order to Micro Image, Inc. to provide 35MM micrographic services in conjunction with the City-wide Vital Records Protection and Microfilming Program. Bid 11-91 provided for up to three renewal periods. This.represents the second renewal. On 8/12/91 the purchase order was amended to add a line item for a 35MM silver duplicate roll and on 8/18/92 the purchase order was amended to add a line item for alphabetizing microfiche. These amendments were added to provide an additional security roll under certain conditions and to alleviate City staff from spending many hours sorting thousands of fiche. Micro Image, Inc. has agreed to extend the contract with no increase in price. The Purchasing Manager concurs with the extension of this contract. S 2i f Funds have been requested in the 32/93 budget to continue with this program. Reviewed by: originating Dept: Costs: S 15,030.00 (Est-1 C ission Action: Legal N/A City Clerk Dept Total Approved Budget Purchasing 13 Approved w/conditions Risk Hgmt. N/A tlsed• Dept: Current Fiscal Yr. ? Denied CFS }?/A Various 13 Continued to: ACH MIA Funding Source: Other ? Capital imp. Advertised: 0 Operating Attachments: Date: ? Other Extension Letter Paper, 0 i d Hot Requ re Suiaoittcd by: Affected Parties ' E3 None '001310- ? Notified Appropriation Code; 010-1-9700-303/513 City anag r 0 Not Required f. 18132993388 FiRO ACCESS 5Y5TEr1S ----? micro 1 MP8 Z' lllc. M.... 459 P02 AX 17 192 13:12 f M August 12,1992 ,f CYNTHIA GOUDEAU CITY CLERK CITY OF CLEARWATER •' 112 SOUTH OSCEOLA , CLEARWATER,•FL- 34616 -Dear Ms. Goudeau: Please accept this letter as consent from HiCRO IMAGE INC. to continue Microfilming Services for the CITY-OF CLEARWATER under the specifications outlined In 9ID# 11-91 for additional twelve (12) month period 10-1-92 thru 9-30-93. Conditions and prices as quoted. ~ Inc 1y, • Ice 4 P1 CSident Micro Image Inc. s j ' ^1 i f f i I .f , 1308 N. Ward - Suite S • 'Pampa, FL 33647 - 813•265-8M i i 0 , •s, is ,k 3 j ?. :z :v ei tt k t: .: Il It; 1 f i A SEAI?. fi Clearwater City Commission CONSENT A '&C- : _ 9!3/92 Agenda Cover Memorandum SUBJECT: Funding for recent transfer of the "School Board Property" from the Garage Fund to the General Fund. RECOMMENDATION/MOTION: Approve Option 1 shown below, designating the recent transfer of the "School Board Property" site as a contribution from the Garage. Fund to the General Fund. ® and that the appropriate officials be authorized to execute same. BACKGROUND: On May 7, 1992, the City Commission approved the recommendation of the Airport Authority to allocate most of the ten acre parcel known as the School Board Site to the Clearwater Executive Airpark for future development. This parcel was originally purchased by the Solid Waste Fund from the Pinellas County School Board in 1989 for $750,000. On March 5, 1992, the commission approved the "swap" of this parcel for the 9,52 acre parcel known as the Campbell Property, purchased by the Garage Fund in 1984. Since the Garage Fund currently has $750,000 invested in this property, it is both appropriate and consistent with past practice to have the new owner (General Fund) reimburse the Garage Fund at cost. This General Fund expenditure, however, was neither anticipated or budgeted. The May 7 agenda item included a request for staff to investigate possible methods of financing this transfer, and, accordingly, we are proposing the following three options for your consideration: Option 1: Consider the transfer a contribution from the Garage Fund to the General Fund. This would reduce both the assets and the fund balance of the Garage Fund by $750,000, and would likely require eventual recovery through increased Garage Fund charges to all users. Option 2: Authorize the General Fund to repay the Garage Fund in ten equal installments of $75,000 each, together with interest at the cash pool rate. The 1993 impact on the General-Fund budget would be approximately $135,000 ($75,000 principal plus $50,000 estimated interest). This option is equitable between funds and consistent with previous interfund property transfers. a, Reviewed by: Le l Ufa Originating Dept: a OOAS/Fi Costs: T t l Commission Action: E ga n,N __ o a r Approved < Budget Purchasing 1 ??( \ (3 Approved u/conditions Risk Mgmt. NZA Usc a t• Current Fiscal Tr. ? Denied Cis N/A ? Continued to: ACM e?D y Funding Source: Other ? Capitat imp. Advertised: ? operating Attachments: Date: ? other Paper: 0 Not Required by: Affected Parties ? None V ? Notified Appropriation Code: e r CItyn ® Not Required 2 .. k ' option 3: Authorize the General Fund to repay the Garage Fund over ten years at $75,000 per year, without interest. This "compromise," option has the. advantage of fixing the annual General Fund budget ' impact while still reimbursing the Garage Fund for its investment. The Garage Fund would effectively be contributing the amount of the annual interest payment from Option 2., Although we are recommending option 1, the other two options are presented for consideration and discussion at the commissions discretion. i • f•7 ' It ' r7 A 5 . j ' M CLEARWATER CITY COMMISSION Agenda Cover Memorandum It9b Itom 4 Mnating data: 9103/92 CONSENT SUBJECT: JAZZ HOLIDAY RECOMMENDATION/MOTION: APPROVE REQUEST FOR THE WAIVER OF APPROXIMATELY $14,480 IN CITY FEES AND CHARGES FOR THE 1992 JAZZ HOLIDAY FESTIVAL AND AUTHORIZE THE CLEARWATER JAZZ HOLIDAY FOUNDATION, INC. TO APPROVE ALL VENDORS AND CONCESSIONAIRES. __X_ and that the appropriate officials be authorized to execute same. BACKGROUND: Clearwater City Commission Policy Statement No. BG--1 states that all fees and related charges will be waived for city sponsored or co-sponsored events including Jazz Holiday. The subject recommendation is consistent with this policy. The Thirteenth Annual "Jazz Holiday" will be held at Coachman Park beginning on Thursday, October 15 through Sunday, October 18, 1992. In the attached letter, Mr. Bill Repper of the Clearwater Jazz Holiday Foundation, Inc., requests that the City waive all fees and charges for City services provided to this event. At a meeting of the City's special Events Committee, Mr. Repper also asked that the Jazz Holiday Committee be authorized to approve all participating concessionaires and vendors. The actual cost of City in-kind services for the 1991 Festival was $13,792. The proposed operating budget for 1992/93 includes a request of $14,480 for the 1992 Festival. In the event the proposed budget is approved, sufficient monies will be available for Jazz Holiday. Reviewed by: Originating Dept.: .00 Costs: 14 480 Commission Action: Local N A Parka & Recr at n ta e >_<?pprovod Budget 5- _ Approved wlconditiona Purchasing r N A Dept.: User Current - Denied Risk Mgmt. N 4A Parks & Rec t -Continued to : cis NIA Funding Source: ACM Advertised: _ Capt. Imp. Other N A r , Date: X_ Operating Attachments: Pa er: Other Letter from Mr Bill Re er p _ . pp Submlttbyr: Y Not required T Affected parties Appropriation Coda: Notified Various Depts. _ Not requires! (Hone N 1 ? August 11, 1992 The Honorable Mayor and Commissioners 0'V The City of Clearwater P. 0. Box 4748 Clearwater, FL 34,618,4748 Re: Jazz Holiday XIII, 1992 Dear Mayor and Commissioners: It is my pleasure to request again, for the thirteenth year, the cooperation of the City of Clearwateras in previous years. Please consider this letter our formal request for the waiver of any and all fees and permits for the production of the Thirteenth Annual Clearwater Jazz Holiday to be presented in Coachman Park on October 15-18, 1992. This request is also for the usual city services that have been associated with this event. We appreciate the continued involvement of the city as a co-sponsor of the event and look forward to your reply. Sincerely yours, iiliam D. Repp fJr. Site Chairman Clearwater Jazz Holiday Foundation, Inc. WDR:eja 1 cc: Barbara Werder Ream Wilson Clearwater Jazz Ho'.iday Foundation. Inc. P.O. Box 7278 .Clearwater, FL3461 B-7278 i CONSE14T Item &e 101 CLEARWATER CITY COMMISSION Me ate 9.3-92 Agenda cover Memorandum fW SUBLIECT:,Hydrogeologic Evaluation of the Potential for Development of a Brackish Groundwater Supply in the Clearwater Area. RECOMMENDATION/MOTION: Approve funding of Phases I and 11 of a six-phase Hydrogeological Evaluation of the Potential for Development of a Brackish Groundwater Supply in the Clearwater Area to an upper limit of $86,395. 0 And that the appropriate official be authorized to execute same. BACKGROUND: The City of Clearwater addresses the water supply needs of its residents by operating a local wellfield and by purchasing water from Pinellas County. Water from the city's well field is pumped from the Upper Floridan Aquifer. Currently, the wellfield supplies less than two million gallons per day (mgd). Fourteen and one-half million gallons per day is"purchased from Pinellas County. Eight wells which were recently rehabilitated and are currently undergoing refitting will be returned to active service by the fall of 1992. These additional wells will increase the capacity of the wellfield by 2.5 to 3.0 mgd. Management of the city's wellfield and protection of the Floridan Aquifer are essential to continued operation of the wellfield. Additionally, the Consumptive Use Permit (CUP) issued by the Southwest Florida Water Management District (SWFWMD) requires the city to develop a wellfield management plan. In order to further investigate local water supply clevel.opment, the Public Works Department requested Camp Dresser & McKee Inc. (CDM) to develop a proposal for an evaluation which addresses management and protection of existing freshwater supplies, and the conditions for development of brackish groundwater supplies. CDM provided a proposal for an evaluation consisting of six phases as follows: 1. Hydrogeological and Water Balance Assessment; 2. Preliminary Computer Model Development; 3. Exploratory Borings & Data Refinement; 4. Computer Model Modification & Enhancement; 5. Freshwater and Brackish Water Wellfield Design; 6. Production Well Development, The estimated consultant fees for performing Phases I and 11 of the study are estimated to be $86,395. Completion of these phases and an assessment of the data they produce is a prerequisite to entering into subsequent phases,. The Third Quarter Budget review will include an amendment to transfer $86,395 from 315-6731, New Wellfield Development, to provide funds to establish project 315-6735, Brackish Water Supply study, to fund these costs. Reviewed by: Legal NA Budget Purchasing NA Risk Mgmt. NA CIS NA AGM NA Other NA originating Dept. Public Works User Dept. Date: Paper: - - Not required X Costs: $86,395.00 - (Current FY) Funding Source: Capt. Imp. X Operating Comission Action Approved Approved u/conditions Denied Cont'd to city Affected parties notified Not required X Other Appropriation Code(s 315-1-6735-613/533 tachments: Work order M CL2C2.15 $!20192 DATE: CITY OIf CLEARWATER PUBLIC 1vORKs D11 r1A`I 1 N FORM CDM WORK ORDER IN August 20, 1992 CITY I7110JECT NO. CDM CUM LINE ITEM NO. drogcolagical Evaluation of Comprehensive, Hy for the pRO`IT Potential Brackish Groundwater Supply Clearwater - Dunedin Area 2. SUMMARY Or WORK: will be performed to A ltiydrogeological study along -term, A. SUMM?j evaluate the patential'€or developing dependable source of brackal lwater 1 supplies in provide additional uneieip the Clearwater - Dnea?n arrovidedi n the revised PT description of the work is proposal from Schreuder & Da October 18 As Ii1c• dated 1992 (Attachment ), PROJECT GO- RK PRODUCTS' irepare a complete description of available information to i A. Coi??pile all stem and of the fresh groundwater and brackish the hydrogeologic sy groundwater flow dynamics. exisiing production and erformatlce tests using B. Conduct two aqutifer p illonitor wells within the Clearwater - Dunedin area- scenarios model to evaluate the impacts of various pumping Develop a raundwaters into the fresh groundwater C. an the migration of saline g supply- brackish port which describes the feasibility of developing . 1 D. Prepare a re groundwater supplies. 4. BUST $11,200 Labor $74,695 B. Outside Professionals $ $6,3 500 0 C. Direct Expense D. Total Budget 5. SCl-jEDULI:: ?n be completed within 6 months of authorization. The wort. c? S` CL2C2.15 $/20/92. f 6. MM STAFF AS.SIGN1•m1FNms: Tan Burke, Joe Hickle, Craig Montgomery 7. CORRESPONDENCE/REPORTING PROCEDUEE--S: Copies of all project correspondence shall be sent to Cecil Henderson, Jr., Terry Jennings, and Tom Hackett. i $. INVOICING/FUNDING PROCEDURES: Invoice monthly for work performed using Method B. Use Budget Code No. 315-1-6735-613/533. 9. SPECIAL CONSIDERATION: This proposal includes two aquifer performance p&bo tests' using. existing production or monitoring wells within the Clearwater - Dunedin area. This proposal does not include costs for any modification of existing wells or construction of new wells required in order to perform the aquifer. performarim tests. 10. SPECIAL COMPLETION REPORT: None. PREPARED BY: CITY CD NI William C. Baker Thomas W. Burke Director of Public Works Vice President I? REVISED PROPOSAL COMPREHENSIVE HYDROGEOLOGICAL EVALUATION OF POTENTIAL BRACKISH GROUNDWATER SUPPLY'FOR DESALINATION PLANT CLEARWATER-DUNEDIN AREA Prepa'red for Camp Dresser & McKee SDI Proposal No. T91-144 Revised October 18, 1991 SCHREUDER & DAVIS, INC. GROUND-WATER CONSULTANTS 13911 N. Dale Mabry Hwy., Ste. 201 /Tampa, FL 336181813.961.1935 s.. r, Ei. ATTACHMENT A 3;:, M; ¦;1 I TABLE OF CONTENTS 1.0 INTRODUCTION ................................................ I 1.1 PURPOSE .......................... . ................... 1 1.2 PROJECT BACKGROUND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : 2 2.0 SUGGESTED PROJECT APPROACH . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 5 2.1 TECHNICAL CONSIDERATION ........................... 5 2.2 PHASED INVESTIGATION ............. :. . ............... 6 3.0 PROPOSED SCOPE OF WORK ................ .:.... . .... .......... 9 3.1 PHASE, I - HYDROGEOLOGICAL & WATER BALANCE ASSESSMENT .......................................... 9 3,2 PHASE II - PRELIMINARY MODEL DEVELOPMENT ......... 11 4.0 ES'rIMATED COST AND PROJECT SCHEDULE ..................... 14 5.0 PROJECT NIANAGENiENT ....................................... 16 LIST OF FIGURES Figure 1. East-West Hydrogeologic Sections Through Pinellas County...... 19 Figure 2. Average Recharge to Floridan Aquifer in Pinellas. County........ 20 Figure 3. Schematic Cross Section Freshwater and Brackish Water Aquifer System with Freshwater Withdrawal and Filtered Effluent Recharge . .............................................. 21 LIST OF TABLES Table 1. Estimated Project Costs .................................. 15 S f 4 0 Y 1,0 INTRODUCTION i Schreudcr & Davis, Inc, (SDI) has prepared this proposal to evaluate the brackish groundwater resources underlying the Clearwater-Duncdin area as a potential supply for a desalination plant at the request of Camp, Dresser & McKee, Inc. (CDM). CDM has had meetings with representatives of the City of Clearwater (Clearwater) and the City of Dunedin (Dunedin). It is our understanding that-Clearwater and Dunedin are interested in jointly developing dcsalination potential, in particular reverse osmosis (RO) of brackish water, to satisfy future municipal water supply demands. SDI believes that one of the major limiting factors for development and long-term operation of an RO plant is the availability of brackish groundwater with a relatively stable dissolved solids concentration to stay within design constraints of the RO plant. 1.1 PURPOSE E { The purpose of this proposal is to outline a study that will evaluate the potential for developing a long-term, dependable supply of brackish groundwater, which can be used in a dcsalination plant to be developed by Clearwater and Dunedin. Brackish groundwater is defined as groundwater having a total dissolved solids (TDS) concentration less than 8,000 milligrams per liter (mg/1). Brackish groundwater is "created" in a zone where fresh groundwater mixes with saline groundwater. Because the Clearwater-Dunedi&.project area is bordered to the cast and west by saline water a and no fresh groundwater flows into the area from the north or south, the supply of fresh groundwater is limited to rainfall and drinking water imported from outside the Revised Clearwater-Dunedin Proposal Page 1 M JRIP 1W project area. This limited supply of freshwater will ultimately limit the supply of brackish groundwater. Another source of water for desalination is the Gulf of Mexico. However, this proposal was prepared with the assumption that the dcsalination plants being considered by Clearwater and Dunedin would u6lizc brackish groundwater. The selection of a particular type of desalination plant depends on the TDS concentration in the brackish groundwater as a basis for the evaluation of the long-term brackish groundwater supply. SDI assumed that low pressure reverse osmosis (RO), clcctrodialysis reversal (EDR) and/or membrane softening desalination technologies will be considered. Generally, these technologies work well with raw water mineral concentrations of less than 1,500 mg/1 (milligram per liter) of total dissolved solids. •t The studies proposed by SDI arc designed to evaluate the effect of several different pumping and injection scenarios on the quantity of brackish water which can be utilized in the planned dcsalination plants. Because of the uncertainties associated with the RO development, SDI has designed the technical approach to be flexible and cost-efficient in satisfying adjustments to the proposed scope of work. 1.2 PROJECT BACKGROUND SDI is presently assisting CDM with the rehabilitation of the City of Clearwater well field. The project has successfully completed its first phase, which includes the abandonment of 5 wells and the rehabilitation of 8 wells. From this project, the CDM and SDI, staffs have gained valuable new insights about the groundwater-quality conditions and hydrogeology of the project study area. Using this new knowledge, SDI has reviewed hydrogeological and other information available to evaluate the potential Revised Clearwater-Dunedin Proposal Page 2 i - ?- for withdrawing brackish groundwater f ram the aquifcr system beneath the Clearwater- Dunedin area. Previous studies have identif,cd Pinellas County as one of the areas where desalination may meet future drinking water demand. SDI believes there are two possible constraints that may influence the development of a dependable RO water supply: 1) the reliability of a long-term brackish groundwatcr supply with a stable TDS concentration; and i 3 2) the disposal method of the waste saline water. The distribution of freshwater under the Clcarwater-Dunedin area is shown on f ! Figure 1 from the report "Management of the Water Resources of the Pinellas - Northwest } Hillsborough Basins; {Vest-Central Florida" prepared in 1976 for SWFWMD, the Pinellas - Anclotc River Basin Board and the Northwest Hillsborough Basin Board. Crass-section D-D' is in the Clearwater-Dunedin area and illustrates, the historical location of the freshwater/saltwater intcrface. The total depth of one of the deeper publicsupply wells is shown approximately 300 fcct below land surface (bls) and was, at that time (1976), providing fresh groundwater. At present, SDI has found that most of the wells in the Clearwater's well field that are 300 Net deep are now pumping water with increasing amounts of chloride. The amount of brackish groundwater is controlled by several variables, such as } recharge rate, pumping and the vertical hydraulic conductivities of the semi-confining . ^i units in ?thc aquifcr system. These factors influence the rate of TDS concentration 3 changes in groundwater resulting from different pumping scenarios. Any pumpage j Revised Clearwater-Dunedin Proposal Page 3 11 M from either freshwater, brackish and/or saltwater zones would influence the quantity and location of brackish groundwater with a given TDS concentration. The amount of freshwater recharge to the Floridan aquifer 'is shown on Figure 2 (Plate #20 of the previously referenced report) and is estimated to be approximately 13 million gallons per day (mgd). Presently, pumpage from the Clearwater and Dunedin well fields average 2.8 and 4.2 mgd, respectively. SWFWMD has issued other water use permits totaling approximately 5 mgd. Thus, total pumpagc from the freshwater zone could be as high as 12 mgd. This discharge of fresh groundwater has clearly affected the fresh and saline ground waters as evidenced by the increasing chloride concentration in the water pumped from the freshwater well fields. In areas where desalination facilities have been proposed or constructed, studies have focused on providing a brackish groundwater supply from one single aquifer zone. Such a brackish well field configuration may contribute to a larger uncertainty about maintaining a long-term supply of brackish water with a stable TDS concentration. Because the brackish water zone represents a mixing zone between freshwater and saline groundwater, the constancy of brackish water source is 'sensitive to several factors mentioned previously. This was recently demonstrated in an evaluation by the U.S. Geological Survcj of the desalination potential in the southern part of Pinellas County. The USGS modeling evaluation reportedly indicated that TDS concentrations started to rise significantly in a rather short period of time (2 to 3 years) when brackish groundwater was pumped onl), from a single aquifer. Although the water-quality conditions in the southern part of the peninsular are somewhat different from those in the Clearwater-Dunedin area, that study demonstrates the potential problems in developing long-term, stable supplies of brackish groundwater, Revised Clearwater-Dunedin Proposal Page 4 r 0 2.0 SUGGESTED PROJECT APPROACH 2.1 TECHNICAL CONSIDERATION Given the uncertainty of developing a reliable stable long-term supply from one brackish groundwater zone, SDI suggest the following: 1) Use well fields in the freshwater and brackish groundwater zones and blend the water at the surface. '. 2) Augment the brackish groundwater supply with the use of treated effluent through rapid infiltration boring (Rill) and recharge wells. SDI's conceptual approach, as schematically shown in Figure 3, is to develop groundwater extraction in both the freshwater zone and the brackish water zone. To guarantee a constant feed stream concentration of dissolved solids and other parameters, the groundwaters pumped from the freshwater zone would be blended above ground ? with groundwaters pumped from the brackish groundwater zone prior to entering the desalination plant. This approach has several advantages. A freshwater zone we'll field already exists in the Clearwater-Duncdin area. A brackish groundwater zone has been found to exist below a depth of approximately 200 feet bls. Controlled pumping from the brackish groundwater zone could guarantee a downward flow from the freshwater zone to the brackish groundwater zone, thereby avoiding any future upward migration of dissolved solids from the brackish groundwater zone into the freshwater zone. While the freshwatcr zone may contain elevated concentrations of iron at particular locations, the water is expected to remain fresh with chloride concentrations not expected to exceed about 100 to 150 milligrams per liter. ar.• Revised Clearwater-Du tied in Proposal Page 5 t M It is estimated that 14 MGD of effluent is treated by the City of Clearwater alone. Because the effluent discharge is larger than the influent drinking water, it seems reasonable to assume that groundwater from the surficial aquifer is draining into the sewer pipeline system. This water table drainage may (or may not) effect' the availability of fresh groundwater recharge from the surficial aquifer to the Floridan aquifer and, as such, may indirectly limit the supply of brackish groundwater. The treated effluent could be used to augmcrtit the supply of brackish groundwater in the Floridan aquifer by using a rapid infiltration basin(s) (RIB) and recharge well(s) to drain water from the surficial aquifer at each RIB directly into the brackish groundwater zone in the Upper Floridan aquifer. Another aspect of operating a desalination plant is the disposal of the waste saline water, which can be injected or dischargcd. It is known that groundwater injection zones that are much deeper than the one with the brackish groundwater are used just to the southwest of the project area. If, however, the project team decides to discharge the waste saline water to the Gulf of Mexico, they-might consider using treated effluent for dilution prior to discharge, if AWT discharge requirements could be satisf ied. i . I 2.2 PHASED INVESTIGATION i Because the total resolution of the question of how much brackish groundwater i u is available for a long-term reliable supply is rather involved, SDI proposes to use a phased project approach. In Phase I, all available information needed for a complete description of the hydrogeologic system and the fresh- and brackish-groundwater flow dynamics will be Revised Clearwater-Dunedin Proposal page 6 M completed and analyzed using sophisticated computerized data mariagemcnt programs. The result of the first phase will be a detailed description of all the hydrogeologic parameters needed in a model. As part of the Phase I investigation, SDI proposes to conduct two aquifer tests using existing production and monitor wells in the Dunedin and Clearwater areas. In Phase 11, the results of the first phase work will be used to construct•a preliminary axisymmetric variable-density transport nw:del. The purpose of this preliminary axisymmctric variable-density flow model is the evaluation of the impacts caused by various pumping scenarios on the migration of saline groundwatcrs upward from the sleeper Ocala aquifer systems. An axisymmctric model can only represent one well or one group of wells. To evaluate the impacts from regional dispersed well field, the information gathered from the axisymmctric model may justify the construction of a- regional flow model for assessing the feasibility of developing the brackish groundwater supply and its impact on the existing Freshwater well fields. Although these models will be developed for the RO evaluation, they can also be used for the overall well field management required under the existing water use permit for the City of Clearwater. At the end of Phase II, Clearwater and Dunedin should be in a position to decide if the development of a long-term brackish groundwater supply for a desalination plant appears feasible. When and if the results of the second phase investigation are positive, then Phase III of the project will be initiated, In the third phase, exploratory test borings need to be drilled to further refine hydrogeologic Aid water quality descriptions and to verify preliminary model predictions. These test borings may be converted to test wells for the Revised Clearwater-Dunedin Proposal Page 7 : E. purpose of running aquifer tests to further refine and verify the hydraulic properties of the various aquifers and confining beds used in the model. In Phase IV, the preliminary regional flow model will be modified and updated with the inclusion of the field data acquired in Phase III. As part of Please IV, several fresh and brackish groundwater dcvclopment scenarios will be evaluated, including the i filtered effluent recharge option. 3 In Phase V, a final fresh and brackish groundwater well field design will be i. 4 formalized'. The design of this well field will consider the location and construction f r` details of connector and extraction wells, along with the locations of the waste water r x. treatment and RQ plants and pipelines. In the well field design, the best locations for RIB's will also be considered. In Phase VI, SDI will assist CDM in the preparation of drilling specifications n i t ns DI will also provide field services during well drilling. Phase VI will include the installation and testing of.the production wells. 1 f Revised Clearwater-Dunedin Proposal iE Page 8 0 3.0 PROPOSED SCOPE OF WORK The first critical decision point in the project comes after Phase II is completed. SDI has, therefore, only prepared a detailed scope of work and cost estimate for the Phase I and 11 work. The following tasks arc envisioned. 3,1 PHASE I - HYDROGEOLOGICAL & WATER BALANCE ASSESSMENT Task i-1, Initial I'ralcct Mecting During the initial project meeting, SDI envisions that representatives from the City of Clearwater and the City of Dunedin will meat with the representatives of Camp Dresser & McKee and Schreuder & Davis, Inc. The purpose of this meeting is to define in detail the suggested scope of work and to clearly delineate which party will be responsible for the provision of particular information. For this purpose, SDI will prepare a list of possible information that might be contained in the files of the Water Department's of the cities of Clearwater and Dunedin. In general, the emphasis on data collection should be on the geologic information, hydrologic information, well field pumping information, groundwater quality data, rainfall recharge information, surface water runoff information and effluent discharge information. In addition, a compictc layout of all public water supply wells that have been drilled by both cities, the technical details on well construction and the analysis of the lithology for these wells need to be obtained, if possible. Furthermore, the location of freshwater pipelines connecting the wells to reservoirs and location of effluent plants and associated piping will be identified, Revised Clearwater-Dunedin Proposal 1 Page 9 s. r n Task T-2, Compilation of the Data Upon acquisition of the available information, SDI personnel will then compile the data using computerized data management system for easy retrieval and analysis. lask I- Agulfgr P in Tests To collect actual field data for the calibration of the axisymmctric model, it is recommended that an aquifcr pumping test be conductcd:oti the brackish zone in the Clearwater and Dunedin areas. SDI personnel, possibly assisted by f ieid personnel from the SWFWMD's Tampa office, will conduct these tests. Each test is scheduled to take 72 hours for the actual pumping part and 24 hours for the recovery part. In the cost calculations, it was assumed that SWFWMD personnel will provide 1/3 of the manpower requirements during the test. Task T-4. Data Analysis `ncc data colicctcd in Tasks I-2 and I-3 will be analyzed to determine the hydraulic characteristics of the surficial aquifcr, the Hawthorn confining beds, the Upper Tampa aquifer, the confining zone bctwccn the Upper Tampa and the underlying Upper Suwannee aquifer, and the confinement between the Suwannee and underlying Ocala system. A detailed water balance of the area will be made which will include rainfall recharge to the surf icial, importatiorl'of water from outside the project area, ' runoff through surface water systems and groundwater undcrf low, and the amount of pumpagc from particular zones. In addition, the existing data from Clearwater and Dunedin will be analyzed to determine the migration of the fresh-brackish groundwater interface vertically and horizontally over time. Revised Clearwater-Dunedin Proposal Page 30 f t The collected data will also be analyzed to determine the thickness of each zone i and the lateral extent of each particular zone. In summary, the data collected and analyzed will be geared towards the model input in the next phase. Talk I-5. Rgoorlg Findings In Task I-5, SDI will prepare a summary of its findings in a report form. It will contain maps, and tables of the results of the analyses and description of the hydrogeologic system and associated water balance. Task 1-b. Meetings After completion of the hydrogeologic analysis and associated water balance, SDI will present the results to the representatives of the cities and CDM. Included in Phase I is also time to meet with regulatory agencies, particularly, the SWFWMD and the Florida Department of Environmental Regulation (DER) to inform them about the a progress of work and to gauge their acceptance or opposition to particular concepts that might have been developed as part of the hydrogeological and water balance analysis. 3.2 PHASE II - PRELIMINARY MODEL DEVELOPMENT In this phase, groundwater models will be constructed to better define the bounds on the feasibility of developing this fresh/brackish groundwater well field idea. The following tasks are envisioned for Phase II. Revised Clearwater-Dunedin Proposal Page it rr . 4 0 Task 11-1, Niodd £tup An axisymmetric variable-density transport model and a regional flow model will be set up to evaluate the migration of groundwater from one layer to another. At present, SDI envisions to include in the axisymmciric model the surf icial aquifer, the Hawthorne confining beds, the Upper Tampa Limestone aquifer, the Lower Tampa Limestone confining zone, the Upper Suwannce aquifcr, the Lower Suwannee confining zones and the Ocala/Avon Park (saltwater) aquifer. Results from the model will be used to establish the boundary conditions at the base of a regional flow model. T k II-2 141 1 r,g?inn ; ' Based on the information collected during Phase I, the axisymmetric model will be calibrated against the available pumping and chloride concentration data. Task 11-3. Evalonfl.on._of_Well Field Development, Scenarios After the axisymmetric model is calibrated to the extent that is possible and realistic, the SDI project team will use these results for the purpose of establishing boundary conditions at the base of the regional flow model. This latter model will be used to evaluate variods freshwater and brackish groundwater extraction scenarios to judge the potential for upward migration of highly saline water from the underlying Ocala saline aquifer. The purpose of this flow model is to sec what the delicate S ' hydrodynamic balance has to be in the Tampa and Suwannee aquifers to prevent the 4 long-term upward migration of the saline water from the underlying Ocala/Avon Park aquifers. t Revised Clearwater-Dunedin Proposal Page 12 It { 1 }F 0 Task 11-4. Prgj2aration_OffR1ort After the model runs have been completed, SDI will present its findings in a report form including text, tables, maps and graphics to illustrate what has been , modeled. Task II-5. Me01nn s Upon completion of the work in Phase 11, SDI cn'visions 'scvcral meetings with the representatives of the two cities and CDM to decide if this concept is feasible or not. Included in the cost estimate is time for meetings with representatives of the regulatory agencies, particularly the SWFWMD and DER. The purpose of those meetings is to' check if certain well field development scenarios that, may include thc'construction of recharge wells might be acceptable to the regulatory agencies. 3 ' i { 4. •1 5 t Revised Clearwater-Dunedin Proposal Page 13 t t 5 ?t 4.0 ESTIMATED COST AND PROJECT SCHEDULE SDI outlined a project with five phases. However, the critical decision point is after the completion of Phase 11. it seems, therefore, realistic to only prepare cost estimates for Phases I and II at this time. The time and cost estimates to complete the seopc,oF work proposed for Phases •r I and II are presented in Table I. The estimated cost for the Regional Hydrogcologic Assessment and Water Balance Analysis in Phase l is $22,750. The estimated cost for the two aquifer pumping tests in Phase 1 is $18,700. The total cost for phase I is $41,450. z The total cost for Phase 11 (Preliminary Model Development) is estimated at $33,245. The total estimated project cost is $74,595. Nearly 1,350 man-hours of effort are required to complete Phases I and II as proposed. SDI can proceed with the proposed work as soon as authorization to proceed is received. SDI estimates that the work in Phases I and II can be completed in 4 to 6 months. ?1 Revised Clearwater-Dunedin Proposal Page 14 t C k V t i i i • j Table 1. Estimated Project Costs. Personnel Category Phase I Hydrogeologlcal Assessment Phase II Preliminary Model Development Hours Cost ($) Hours Cost ($) Project Director 70 5,950 64 5,440 Project Manager 175 13,125 1110Q 7,500 Peer Rcview/QA 15 1,275 15 1,275 Watcr Rcsource Engineer 80 4,000 130 6,500 Hydrogcologist 300 12,000 165 6,600 CAD Graphic 90 3,150 65 2,275 Clerical 40 1,000 40 1,000 Labor Totals 770 40,500 579 30,590 Project Expense 950 2,655 Phase Subtotal 41,450 33,245 Total Estimated Cost for Phase I and Phase II 74,695 1 Revised Clearwater=Dunedin Proposal Page 15 5.0 PROJECT MANAGEMENT • ' Allocation of personnel resources is crucial to the successful completion of any project. The SDI project team brings more than 75 years of combined groundwater E experience to the Clearwater Well Field Rehabilitation project. The Project Director, Mr. Peter J. Schreudcr, P.G., has participated in many major water supply development projects in Florida since 1975. Mr. Schreudcr is responsible for the overall technical direction of the study and for the commitment of SDI resources to successfully complete the project. The Project Manager will be Mr. John J. Hickey, P.G., with extensive experience in brackish and saline groundwater evaluations since 1972. He will provide day-to-day supervision of the task activities ; and oversee any modeling efforts. Mr. Phillip R. Davis, P.G., will provide peer review and quality assurance. Mr. Davis has extensive experience in aquifer test evaluations, groundwater modeling, and computerized data management and analysis. Mr. Thomas A. Farkas will be in charge of data collection and management and will be responsible for field operations, Mr, Mark Schwartz and Ms. Cathleen Beaudoin will assist in data analysis and groundwater modeling. Following arc short summaries of the SDI Project Tca m experience and expertise, ; . ' 4 S Mr. Peter J. Schreuder, President, has 25 ycaTs of experience in groundwater hydrology, with much of that experience gaincd in Florida where Mr. Schreuder has worked since 1975. This experience has provided him with an intimate knowledge of the area's hydrogcology. He has been involved as a project manager with numerous area studies involving water availability, water resource management, water quality investigations, aquifer test evaluations, well design, and rcmcdiation plans. In support of these investigations and studies, he t' has conducted aquifer tests, managed well drilling operations, completed low flow analyses, and provided expert testimony on consumptive use permits and landfill and hazardous water disposal sites. Revised Clearwater-Dunedin Proposal Page 16 ?. i r His areas of expertise include water resources' development and management, groundwater contamination investigations, groundwater flow modeling, preparation of hydrogcologic and hydrologic assessments of RCRA Part A and Part B applications, and expert testimony. Mr. Schrcuder was the principal investigator and project manager for such projects as the "Four River Basins Hydrologic and Engineering Evaluation" and the "Management of the Water Resources of the Pinellas Anclotc - Northwest Hillsborough Basins, West Central Florida." Both investigations included the City of Clearwater Well Field Project area. Currently, Mr. Schrcuder is managing a large contamination investigation on a site at Tampa international Airport, directing a groundwater rcmcdiation project for Uniroyal Chemical Company in Alabama, and directing a DRI application which addresses the impact o f .pot-mining reclamation on surface water and groundwater flow and water quality in Manatee County. htr. John J. Hickey, Senior Project l- Iydrogcologist, has 27 years of experience in groundwater hydrology with the U.S. Geological Survey, nineteen of those years were spent in Florida. He has extensive experience in variable- density groundwater flow investigations and in geologic, hydrogcologic, and hydraulic investigations of carbonate rock aquifer systems at site, focal *and regional scales. He is a Fellow of the Geological Society of America and is internationally recognized for his work in the areas of subsurface injection and the analysis of carbonate rock aquifer systems. His areas of specialty include the design and analysis of borehole data collection programs and hydrogcologic and hydraulic descriptions of carbonate rock aquifer systems. Also, he has expertise in the analyses of variable-density groundwater flow, particularly as it is related 'to saltwater intrusion and subsurface injection studies. Included as part of this latter area of expertise is the analysis of variable-dcnsity groundwater flow to or from a well using a numerical mass-transport model. Mr. Hickey is currently completing studies for the U.S. Geological Survey about the onset and flow rate of circular convection during subsurface injection, the use of borehole data for characterizing secondary porosity in the Floridan aquifer system, and a generalized Ghyben - Herzberg relation and its application for assessing the vertical direction of variable-density flow. hir. Phillip R. Davis, Vice President, has 20 years of experience investigating and solving groundwater problems ranging from water supply development to groundwater contamination. lic has extensive experience on water supply and groundwater contamination studies involving site investigations, contamination assessment and migration potential, as well as evaluation, selection and design of clean-up programs. Many of his projects use analytical and numerical models to simulate groundwater flow and contaminant transport. He has designed and cvaluated•aquifer tests, completed well design, managed well drilling, conducted low flow analysis and evaluated interaction between groundwater and surface water. Revised Clearwater-Dunedin Proposal Page 17 ,if , His areas of spcciaIt y include water resource investigatiobs, groundwater hydrogcology, groundwater flow and contaminant transport modeling, aquifer test design and analysis, remedial investigations and feasibility studies, environmental liability studies and expert testimony. Mr. Davis is currently managing an investigation to develop additional water supplies for the West Coast Regional Water Supply Authority near Brandon and is directing the development of a groundwater model as part of a four-year hydrology research program which will integrate groundwater, surface water and watershed models with a GIS to evaluate the hydrologic environmental cffccts on post-mining reclamation plans far the phosphate industry. Mr. Thomas A. Farkas, Hydrogcologist, conducts hydrogeologic field investigations which includes field testing, collccGon of soil, water, and geologic samples and other hydrogeologic data for groundwater studies, drilling and installation of groundwater monitor wells, and gcophysical surveys. He is experienced in using personal computers for the development of analytical acid numerical models for a variety of groundwater systems. He specializes in. geology, hydrogcology, and geophysical surveys. lie is currently completing field evaluations and reconstruction activities for a municipal well field rehabilitation project in Pinellas County. Mr. {dart: A. Schwartz, Water Resource Engineer, develops, designs and modifies simulation models to evaluate groundwater flow and contamination. His experience includes developing computer simulation models to control contaminant migration in groundwater and to evaluate water supply well fields. lie has experience in using computerized data management systems and has assisted in evaluating hydrologic data in groundwater supply studies. He also has conducted irrigation feasibility studies and has participated in numerous studies related to, agro-ecologic models. His areas of specialization include hydrology, numerical modeling and civil engineering. He is currently assisting with the modification and integration of a numerical simulation model to simulate the effects of phosphate mine reclamation. He is also involved with modifying and developing groundwater flow and particle tracking models to evaluate proposed groundwater recovery operations at a large industrial facility. Nis. Cathleen 1`1. Beaudoin, Hydrogcologist, conducts geologic field investigations, manages computerized hydrogeologic data bases, and performs water resource and environmental analyses. Hcr experience includes supervision of the installation of monitor wells, the preparation of geologic maps, cross sections and technical reports. Ms. Beaudoin is trained in the evaluation of borehole geophysical logs and has evaluated hydrologic and geophysical data in conducting water resource and environmental assessments. She specializes in the fields of geology, hydrogcology and geophysical survey. She is currently conducting data preparation and model calibration for water resource analysis and welter supply assessment. Revised Clearwater-Dunedin Proposal Page 18 ¦ i SLI 4 a N I 110' - INCH .,LL IM\I s a s ?' a G' Itl %ATtA•t AILE tN11Py Y tdrllYlYt ? I At U1Fta 1 Mr?11 ? : rots • t ol? 1!n .rt A•IULt : ?y I' NaNT N[4t ¦[ T i W [? r/IrIN1 d1+oMlA 'IS N11h..1111 t Rtf ji rl.... :::: 11 AGYUt¦ b.l i lr ?l :: ?... ?,1rLLI ..,? .nt roar .1w ? .. ILL Ii111 1.11. Le:il 41 - 1 :.• uAn1 till, N ; z =-_-- _- •? i :1i. 7.ai ..• ad r ' -1N t 14ALK• -aw _ m ll h r.M. I.rn. rI LA ? p+t.. rrr.i. ? ? - ? ?•? lhl WILL , ! ,-... '. y ? Lrr?.`aU FLORIOAM % AQWr[!1 . .maY ¦tuI?tA It. ? ?? IrNU •11111 -? rrl/ `, l. uT` '1 SALT[ WATER ?' •. -Aw NLIT 41TtN -1111 ??~tiy ? .rlw .. .. .. -IN y IIl1 11 11[....11• I 1 . -^? 1 • 0 ff IIIr1.111 Gall Irlla D ? ? i 1111. 1.1.1 H 11.Ir t. ? t ? 1 i + ryYE LLAa COUNT? WEST IMr....l Sur` ¦nr eRtr 3 Y r1..I L. 111. t-_ j WaMM .4.r1 i 11. _ . .1:IL I.V I _?-ti.a111.11..1 Nrr`. .+----rte - •1.1. - ' 1'\ I. 1111 .111 l a. .l it .! ? 1 41. ??•. .?.~ ; ? ` / -? -- y.1.1.1.. Mw..L ,l?- - ••--^ 1. -M. ?i?I V Ala +y J ?. ? ••111 i . ' '` , ?I 1 fr./ arfil 1?? . :• •'?? , } ? ?r ti ., . x ? :. .. . ?r.•.? ? ' r d -111 ..1w MILE d 1j1 t l . N1111 1E%PLANATICA -..t - ¦OUNDANIt1 Or 04TOFIOL061C UNITS :. _... ........ i-. -.-------.... A?/RO¦Im Att pCOMDll Qr [to.y/! IfD mDR Iw THE 6 I ,: ZONE or OIIFut1ON. 11r1-Tt UrrtR AIO LOITER tOUNG- ARI[t OF WINE Or DIFFUSION NOT Sr1011N. C CNLDRIDt CONTENT Of [ROUND WATtR WILMA T%AM ' f EEO well 1 10.1 WILL .R.A/ItR o • CASED PORTION OF OESENYATION WELL . I j Orem ?O II FTH 0/ OSiERYATION WELL i - - I-TOTAL (' [ Qt3[IMTIOIa WILL ILL [LL P.? OF If r, rrEJr"k LMS.Y WATER tT7TW1 f?At+r ?u +.U eo-r, aTY OF If rtT[NULRr[, IrAat U I OC G[DtOEI[+IL ?- RHR Otto AtI 0IACCT10N OF GROUND WATER FLOW. NT• rat NETICAL FLOW rarTERN SHOWN !N ZONE Or DIF?USICN ONLT' DATA MIACEOUATE TO #NOW CIRCULATION IN DEEP G t.? SAIJI WATER. u 1W[ ' MEE MAP OF NYDROOEOLO4IC SECTIONS .Figure I. East-West Hydrogeologic Sections Through Pinellas County. (Source: Pinellas-Anclote, etc. Report, March 1976) Revises! Clearwater-Dunedin Proposal Page 19 .1,, t r r r r r • I . AVERAGE RECHARGE C3 TO FLORIDAN AQUIFER F , 'Pi W, loot 6 ' Figure 2. Average Recharge to Floridan Aquifer in Pinellas County. (Source:' Pinellas-Anclote, etc. Report, March 1976) Revised Clearwater-Dunedin Proposal , Page 20 I ' i { I` it tt4 17 1 i 4 f. j I BRACKISH WATER WELL RAPID INFILTRATION BASIN FRESHWATER WELL $ Q O RECIdARCE WELL LAND SURFACE t. SEMI CONFINING ZONE TAMPA AQUIFER SEMI CONFINING ZONE ,i UPPER SUWANNEE (BRACKISH)AQUIFER -? j j ?? •!-' 1 j -? ?i .i 'i i SEMI CONFINING ZONE OCALA AQUIFER lI Figure 3. Schematic Cross Seclion Freshwater and Brackish Water Aquifer System i with Freshwater Withdrawal and Filtered Effluent Recharge, I. h Revised Clearwater-Dunedin Proposal Page ZI f I+ ? r r I? rt OF (03 3 s i, MEMORANDUM TO: The Honorable Mayor aQd Members of the City Commission FROM: Paul Richard Hull, Assistant City Attorney -- f DATE: August 20, 1992 r RE: Request for Authority to File Suit I t Action' is necessary to establish legal title to a Clearwater Fire Department fire truck. The vehicle was acquired through a- lease-purchase arrangement with Emergency One, Inc., and Ross Chevrolet, Inc., in 1979. The ; final payment was made in 1985, however, title was not duly transferred to the City. Ross Chevrolet, Inc., is now defunct. The City has been unable to produce evidence of title satisfactory to the Department of Motor Vehicles. A court order declaring the City to be the owner of the vehicle would be satisfactory proof. Therefore, the Legal Department requests authorization to institute a F declaratory judgment action in the appropriate court to obtain an order declaring the City the owner of the truck. PRH:d Copies: •.? Michael J. Wright, City Manager kt f G is 0 F (e 4 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Miles A. Lance, Assistant City Attorney rl RE: Alfred McCloud Mortgage - 1012 N. Madison Avenue DATE: August 21, 1992 The City has a second mortgage on the McCloud property for approximately $42,000. Attorney John C. Gardner has the first mortgage for approximately $7,000, which we would have to pay off. The best estimate on paying off the mortgage is $7,622.51 as of August 20, 1992. The property is a new home which was constructed for Mr. McCloud in 1990 with CDBG funds. Mr. McCloud has been unable to make any payments, and apparently has abandoned the property and can not be located. In November the Property Appraiser indicated the current market value was $32,700. However, the Community Development staff believes this to be a very conservative appraisal and feels that a full appraisal,.after the property has been put into top shape, should be in the low $40`s. The Planning Department estimates in would cost approximately $3,500 to put the property in top shape. The property taxes have been paid by Fortune Bank, but there is an outstanding utility lien in the amount of approximately $170 due the City. If we do nothing at all, the statute of limitations would eventually run on our mortgage, with the property deteriorating at the same time, and the City would not be reimbursed for any of the federal grant money which was used for this loan. We request permission to begin a mortgage foreclosure action on this property. MAL:In i t aPPr?,?e? 1,;; CLEA.RWATER CITY COMMISSION Agenda dvftwrandum e Date 9-'3-9z SUBJECT: Change Order No. 1, City of Clearwater Potable Water f1ell Restoration Project RECOMMENDATION/MOTION: Approve Change Order No. 1 to the contract with CenTech Utility Corporation for the Potable Water Well Restoration project which increases the scope of work and value of the contract by $20,680.00, from $339,393 to $360,073. ® And that the appropriate official be authorized to execute same. BACKGROUND: The City of Clearwater is presently engaged in an overall water supply improvement effort which is currently focused on well restoration. We have completed one project which physically rehabilitated eight water supply wells. That work was accomplished by CenTech Utility Corporation. At the moment, we are engaged in another project with CenTech Utility Corporation whereby pumps, instrumentation, control equipment, valves, and discharge piping are added to the wells rehabed by CenTech in the previous project. During the course of this project wherein instrumentation and electrical controls are involved, we have ordered extra work in accordance with the National Electric Code for which we need to compensate the contractor $2,980. Also, we have very recently (after completion of the first phase contract which involved the basic rehab of the eight wells) discontinued two additional City wells due to elevated chlorides. We would like now, while CenTech is currently engaged in the installation of 'the pumps and controls, to expand the scope of this contract and hire CenTech to rehab two additional wells in a manner similar to the eight wells CenTech rehabed in our first contract. The cost of this work is approximately $17,700. The total cost for the electrical work and the two additional well rehab work is $20,680.00. The available balance in this project, code 315--1--6710, Reservoir II Well Rehabilitation, is sufficient to provide funds for this change order. Reviewed by: Originating Dept. k Costs: $20,680.00 1 Comaission Action (L Public Works = Legal (Current FY) ? Approved Budget k User Dept. Funding Source: Approved tions w/condi = Purchasing NA t1' Capt. Imp. X = !4 Denied ! Risk Ngmt. NA = Advertised: operating I i Contid to cis NA ; Date; f Other ACM NA = Paper: Appropriation Code(s)- 1 Attachments: Other NA ; Not required x : 1 : 315-1-6710-638/533 change order No. 1 Submitted by: ; Affected parties k t M notified X uired t r N ? anager { Ci F o eq 1 centechl.agn 'CONTRACT CHANGE ORDER NUMBER: 1 PROJECT: Potable Water Well Restoration CONTRACTOR: CenTech Utility Corporation 4 5 DATE: lluctust__19_, 1 92 PROJECT NUMBER: 92-12 ?A`.['E OF CONTRACT: Aril 2,._1992_ BUDGET CODE: 315-1-6710-6381533 SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT SEE ATTACHED EXHIBIT DESCRIPTION OF CHANGE ORDER ITEMS INCLUDING OVERAGES AND UND£RAGES STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: Original contract $339,393.00 Change Order No. 1 $20,680.00 $360,073.00 _ New Contract Amount Recommended by Engineering Cons ant• Thomas W. Burke p Date: ?Z Rita Garvey, Mayor-Commissioner M.A. Galbraith Jr., City Attorney (Approve as to form and correctness) CL2C2-6 By: 0_"Jref-e? seal Hausinger Vice President Date: August 20, 1992 WITNESSES: YCLU(404 Dianna L. Menendez Pamela E. Martinez Recommended by: sgkizelw?? Cecil M. Hende on, Jr., P.E. Assistant Director of Public Works/Engineering ATTEST: Cynthia E. Goudeau, City Clerk Date: C TY OF CLEARWATER, in P. NELI4AS COU4TY, FLORIDA ael WricjhA, City Manager ,i E. EXHIBIT NO. ? J5 CHANGE ORDER NO, 1 DESCRIPTION OF CHANGE ORDER i BackSrund: The scope of this change order includes additional sitewnrk and hydrogeological investigation and modification of two inactive wells. This change order increases the contract amount from $339,393 to $360,073 and increases the contract time by 20 days. The individual change order items are presented below. Item No, Description Additional Sitework a. Concrete Slab on Grade (500 sq, ft. @ $5) $2,500.00 b. Security Fence (40 U. @ $12) 80.0Q Subtotal $2,980.00 2. Hydrogeological Investigation of Well Nos. 68 and 7,6 a. Mobilization (2 @ $3,850) $ 7,700.00 b. Geophysical Logging (2 (D $1,200) 2,40{).00 C. Thief Samples (8 @ $75) 600.00 d. Drill Rig (4 lirs. @ $150) $600.00 e ~Pump Tests - (2 @ $1,500) 3,000.00 - (8 @ $7S) 600.00 f, , Cement Grout (100 bags @ $28) 2,800.00 Subtotal 117.ZW,Q0 't'otal Change Order Amount $20,680.00 s. 5. f ? r r M,r CLEARWATER CITY COMMISSION ,? . Agenda Cover Memorandum CONSENT SUBJECT: Change Order #1 - 1992 Subdrain contract (92-18) Ptuia RECOMMENDATION/MOTION: Approve Change Order #1 to the 1992 Subdrain Contract (92-18) to Keystone Excavators, Inc. increasing the contract amount by $16,750.00 for a new contract total of $189,113.00. ® And that the appropriate official be authorized to execute same. BACKGROUND: The purpose of Change Order No. 1 to the 1992 Subdrain Contract is to provide for additional quantity of asphaltic concrete at the current contract unit price per ton. The subdrain contract calls for the removal of existing deteriorated subdrain pipe in the pavements of Nash Street and Thames Lane. Full depth asphaltic concrete is being used in the restoration of pavement areas to expedite the construction process and minimize disruptions to local residents. Field conditions have determined that we have insufficient quantity for asphaltic concrete in the contract to complete necessary restoration of both the above streets. We do not want to decrease the amount of subdrain work proposed in this contract, therefore, we request the approval of an additional 250 tons of asphalt at the contract unit price of $67.00 for a total increase in Change Order No. 1 of $16,750.00. The available balance in this project, Code 315.1-2255--637/541 is sufficient to provide funds for this contract. Reviewed by: I Originating Dept. Costs: $16,750.00 -,_ Commission Action Legat ?[+ 'Pubtic Works/Engineering (Current FY) Approved _ Budget User Dept. LI/ Funding Source: Approved I w/condi tions Purchasing N/A Capt. Imp. X Denied Risk Hgmt. _ ? IA Advertised: 111 Operating Cant'd to 015 _ _IA Date: N/A III I Other ACH NIA ?^ Paper: NIA Appropriation Code(s) Attachments: Other N/A Not required ? .. ? i 315-1-2255-637/541 Change Order #1 Submitted b Affected parties _ notified ! Ci Han er Not required X wbdrain.agn t1 ate_09103192, ?.f 17 1 CONTRACT CHANGE ORDER NUMBER: #1 DA'Z'E! AUGUgl 2, 1992 PROJECT! 1992 SUDDRAIN CONTRACT PROJECT NUMBER _92-18 CONTRACTOR: KEYSTONE EXCAVATORS, INC DATE OF CONTRACT 6-11-92 150 BURBANK ROAD j. 0LD5MAR, FLORIDA, 34677 CODE: 25-1-2255-637/541 SCOPE OF CHANGE: THIS CILANOE ORDER ACCEPTS REVISIONS TO THE CONTRACT INCREASE ITEM 8 PC TYPE III --FULL DEPTH ASPHALT - 250 TOMS 0 $67.00 $16,750.00 fi STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: j Original Contract $172,363.00 KEYSTONE EXCAVATORS, INC. Change Order ,J1 _ x•16.750.00 4 Now Contract Amount $1'89,113.00 BY:_ (SEAL) WITNESSES: Rita Garvey Mayor-Comm sA oner Recommended by: ' Cecil M. Henderson, Jr., P.E. Assistant Director of Public ' Works/Engineering M.A. Galbraith City Attorney ATTEST: (Approved as to form and correctness) Cynthia E. Goudeau, city Clerk Date: CITY OF CLEARWATER, in PINELLAS COUNTY, FL ORIDA „ Michael Wright, c ity Manager c f j,. ?. r Clearwater City Commission Agenda Cover Memorandum Item 4(, r7 MPVD)OHeetinq Date: 9-3-92 SUBJECT: Clipper Cove II (AKA Bayview Towers, Islander), located at the Northwest corner of Dory Passage Way and Island Way on island Estates; David T. Chase (owner); Bruce Dore (representative) (PSP 87-32) RECOMMENDATION/MOTION: Receive the amended site plan for Clipper Cove II and authorize the Development Review Committee to approve the final site plan subject to the preliminary conditions on page two. ? and that the appropriate officials be authorized to execute some. BACKGROUND: City Commission reviewed a preliminary site plan for a ten story, 69 unit multi--family structure on October 1, 1987, and authorized the Development Review Committee to review the final site plan. Since the initial review by the DRC, October 22, 1987, the certified final site plan has been revalidated with no improvements to the site. The applicant has prepared a new site plan consisting of 53 condominium/ townhouse units and is requesting approval of the amended site plan to move forward with the development. The primary difference between the two plans is: the proposed new plan contains six buildings with 53 condominium/townhouse dwelling units with parking on the ground floor under each building/unit, whereas, the original plan was a ten story building with 69 multi-family dwelling units. The applicant has not proposed to use the residual 16 dwelling units. The proposed project will be issued an extended certificate of capacity for concurrency purposes that may be extended to remain in effect for the life of each subsequent development order for the same parcel, as long as the applicant obtains a subsequent development order prior to the expiration of the earlier development order. Reviewed by: Legal NIA Budget N/A Purchasing N/A Risk Mgmt. N/A CIS ACM N/A .(I-r- . Other /A Originating Dept: Planning & Develo t User Dept: ts: S MIA Total S N/A Current Fiscal Yr. Comission Actilm.S c4i } O Approved 3 ek1 ti O Approved w/conditions I Advertised: Date: Paper: ® Not Required S Affected Parties 0 Notified Cit N*er 0 Not Required Funding Source: ? Capital Imp. operating 13 other Appropriation Code: 13 Denied i] Continued to: Attachamnts: Application Letter Map 0 None i .. 2 s SURROUNDING LAND USES 9 NORTH: Residential. SOUTH: Shopping Center EAST: Residential WEST: Residential ACCESS: One driveway on Dory Passage Way; two driveways on Larboard Way; and two existing driveways on Island Way PARKING: 120 parking spaces proposed, 120 required DRAINAGE: SWFWMD design standards to be approved by Engineering/Public Works UTILITIES: Essential utilities to be provided by City of Clearwater CONCURRENCY: Certificate of Capacity is extended PRELIMINARY CONDITIONS: 1) Signs and fencing/walls are subject to separate review and permitting processes. 2) The requisite building permits must be procured within one.(1) year from the date of certification of the final site plan and all requisites certificates of occupancy must be obtained within three (3) years of the date of certification of'the site plan. ti PSP 8732.CC 7 CITY OF CLEARWATER - Department of Planning & Development City Half Annex, 10 So. Missouri Ave., P.O. Box 4748 Clearwater, FL 34618-4748 Telephone: (813) 462-6880 (Fax 462.6641) APPLICATION FOR SITE PLAN REVIEW Applicant (Owner of Record): David T. Chase Phone:_f 2 0 3 1 549-1674 Address: 1 Commercial Plaza City; Hartford State: CT Zip: 06103 Representative: Bruce Dore Telephone:_ 1813_) 724-9 1 1 4 Address: 600 Bypass Drive, Suite 215 City: Clearwater State: FL Zip: 34624 Preparer of Plan: Peter Marich Professional Title: A. I . A. Address: 410 S. Lincoln Ave. Suite B City: Clearwater State: FL Zip: 34616 Telephone:. $1 3 1 461-2402 Title of Proposed Site Plan/Project: PSP 87-32 Ba yview Towers A/K/A Islander, Clipper Cove Parcel Number: 081 29/_.1 5/ 00000 Z120 10100 General Location of Property: Island Estates, NWC of Dory Passage Way and Island Way Zoning: RM-28 Land Use Plan Classification: High-density residential Existing Use of Property: V Proposed Use of Property: Condominium If variances and/or conditional uses are involved, explain (if more space required attach separate sheet): none, Phase TI of existing condominium City Ordinance No. 3128-83 and No. 3129-83 require a parks and recreation impact fee to be paid for all nonresidential projects over 1 acre in size and all residential developments. Has this property complied with these ordinances? if yes, explain how grid when: Assessed just value of property (attFch verification):. $879,800, 1992 Just Value Most recent sales price (attach verification): As of (date): Fee for Site Plan Review: 1. Base charge for each site plan ............................................. $790 plus (a) For each acre or fraction thereof $55 2. Revalidation of a certified site plan ...........................................$150 3. Site plan amendment'(after certification) .......................................$150 The applicant, by filing this application agrees he/she will comply with Section 137.010 of the City's Land Development Code. Signature': "if the application is signed by an individual other than the property owner (e.g. the representative), please attach a statement signed by the property owner authorizing this individual to sign the application. NOTES: 11 THE SITE PLANS MUST BE DRAWN WITH THE NORTH ARROW TO THE TOP OF THE PAGE. 2) THE SITE PLANS MUST 13E FOLD TO NO LARGER THAN 9' x 12'. 3) IT IS RECOMMENDED THE SITE PLANS SUBMITTED BE LIMITED TO ONE PAGE. Rev. 3/92 f¦ LAND DEVELOPMENT CODE Section 137.010 Site Plans (j) Content. Preliminary and final site plans shall he drawn to a minimum scale of one inch equals one hundred 1100) feet on an overall sheet size not to exceed twenty-four 1241 by thirty-six (361 inches. When more than one sheet` is required, an index sheet of the same size shall be included showing the entire parcel with individual sheet numbers referenced thereon. The following information is required on or in an acceptable form so as to accompany the preliminary and final site plans respectively: 1. Preliminary site plan. (12 copies) a. Site Plan Name, b. The property owner's name, address and telephone number, and the designated project applicant or representative and authorization for such representation if other than the property owner. C. The architect, landscape architect or engineer's name, address and telephone number. d. North arrow, scale and date prepared. e. Legal description. f. Location map. g. Zoning district assigned to the property which is the subject of the site plan and to the properties contiguous thereto. h. Identification of watercourses, wetland, tree masses and specimen trees, including description and location of understory, ground cover vegetation and wildlife habitats or other environmentally unique areas. i. Gross and net site area expressed in square feet and acres. j. Number of units proposed, if any, and resulting net density. k. Floor area devoted to each category of use and floor area ratio. 1. Delineation in mapped form and computation of the area of the site devoted to building coverage, open space for the lot, and open space for the front yard,, expressed in square feet and as a percentage of the overall site (or the front yard, if applicable). M. Number of parking spaces required Istated in relationship to the applicable formula) and proposed (including handicapped spaces required by code). n. General location of all driveways, parking areas and curb cuts. o. Location of all public and private easements and streets within and adjacent to the site. P. The location, size and height of all existing and proposed buildings and structures on the site. q. The location of existing public utilities. r. Total paved vehicular use area (including but not limited to all paved parking spaces and driveways), expressed in square feet. S. Depiction (by shading or cross hatching) of required parking lot interior landscape areas. t. Total land area devoted to parking lot interior landscaping, expressed in square feet and as a percentage of the paved vehicular area. U. The definition and location of all refuse collection facilities including screening to be provided. 2. Final site plan (12 copies, signed and sealed by engineerlarchitect). All information included on or submitted so as to accompany the preliminary site plan, as it may have been adjusted and finalized, plus the following: a. The surveyed location, diameter at breast height, and general type of all existing trees with a diameter at breast height of four (41 inches or more, identifying those trees proposed to be removed and those to remain. b, Sufficient dimensions to enable a determination that all required landscape areas are provided. (Details regarding the location, size and species of plant materials shall be provided on the landscape plan to be submitted at a later date with construction plans). C. Provisions for both on- and off-site stormwater drainage and detention related to the proposed development. d. Existing and proposed utilities, including size and location of all water lines, fire hydrants, sewer lines, manholes and lift stations. e. Existing (including official records book and page ntimbersl and proposed utilities easements. f. Existing one-foot contours or key spot elevations on the site, and such oft-site elevations as may be specifically required and not otherwise available which may affect the drainage or retention on the site, g. The proposed general use and development of internal spaces, including all recreational and open space areas, plazas ; and major landscaped area by function, and the general location and description of all proposed outdoor furniture (such as seating, lighting and telephonesi. h. The location of all earth or water retaining walls, earth berms, and public and private sidewalks. I. Phase lines, if development is to be constructed in phases. j. Dimensions of lot lines, streets, drives, building lines, building setbacks, building height, structural overhangs and building separations. k. Shadow cast information if the proposed building is higher than any immediately adjacent building or if the height of the building is greater, than the distance of the building to any lot line. i LAND DEVELOPMENT CODE Section 137.010 Site Plans (j) Content. Preliminary and final site plans shall be drawn to a minimum scale of one inch equals one hundred 1100) fuel on an overall sheet size not to exceed twenty-four 124) by thirty-six (36) inches. When more than one sheet' is required, an Index sheet of the same size shall be included showing the entire parcel with individual sheet numbers referenced thereon. The following information is required on or in an acceptable form so as to accompany the preliminary and final site plans respectively, 1. Preliminary site plan. 112 copies) a. Site Plan Name. b. The property owner's name, address and telephone number; and the designated project trpplicant or representative and authorization for such representation if other than the property owner. C. The architect, landscape architect or engineer's name, address and telephone number, d. North arrow, scale and date prepared. e. Legal description. f. Location map. g. Zoning district assigned to the property which is the subject of the site plan and to the properties contiguous thereto, h. Identification of watercourses, wetland, tree masses and specimen trees, including description and location of understory, ground cover vegetation and wildlife habitats or other environmentally unique areas, i. Gross and net site area expressed in square feet and acres. j. Number of units proposed, if any, and resulting net density. k. Floor area devoted to each category of use and floor area ratio. 1. Delineation in mapped form and computation of the area of the site devoted to building coverage, open space for the lot, and open space for the front yard, expressed in square feet and as a percentage of the overall site (or the front yard, if applicable). M. Number of parking spaces required Istated in relationship to the applicable formula) and proposed (including handicapped spaces required by code). n. General location of all driveways, parking areas and curb cuts. o. Location of all public and private easements and streets within and adjacent to the site. P. The location, size and height of all existing and proposed buildings and structures on the site. q. The location of existing public utilities. r. Total paved vehicular use area (including but not limited to all paved parking spaces and driveways), expressed in square feet. S. Depiction (by shading or cross hatching) of required parking lot interior landscape areas. t. Total land area devoted to parking lot interior landscaping, expressed in square feet and as a percentage of the paved vehicular area. U. The definition and location of all refuse collection facilities including screening to be provided. 2. Final site plan 112 copies, signed and sealed by engineerlarchitect). All information included on or submitted so as to accompany the preliminary site plan, as it may have been adjusted and finalized, plus the following: a. The surveyed location, diameter at breast height, and general type of all existing trees with a diameter at breast height of four (4) inches or more, identifying those trees proposed to be removed and those to remain. b. Sufficient dimensions to enable a determination that all required landscape areas are provided. (Details regarding the location, size and species of plant materials shall be provided on the landscape plan to be submitted at a later date with construction plans). C. Provisions for both on- and off-site stormwater drainage and detention related to the proposed development. d. Existing and proposed utilities, including size and location of all water lines, fire hydrants, sewer lines, manholes and lift stations. e. Existing (including official records book and page numbers) and proposed utilities easements. f. Existing one-foot contours or key spot elevations on the site, and such off-site elevations as may be specifically required and not otherwise available which may affect the drainage or retention on the site. g. The proposed general use and development of internal spaces, including all recreational and open space areas, plazas and major landscaped area by function, and the general location and description of all proposed outdoor furniture Isuch as seating, lighting and telephones). h. The location of all earth or water retaining walls, earth berms, and public and private sidewalks. i. Phase lines, it development is to be constructed in phases. j. Dimensions of lot lines, streets, drives, building lines, building setbacks, building height, structural overhangs and building separations. k. Shadow cast information if the proposed building is higher than any immediately adjacent building or if the height of the building is greater than the distance of the building to any lot line. r i il??\'1 11 7`. [' 11 A N n, lot- it. August 3, 1992 { VII A?l.EE&Fr0 r 14r. Firucr- Dare 600 Bypass Drive Clearwater, Florida E Re: David T. Chase .. Clearwater Sale f. Dear Bruce: This letter shall serve as my authuxizati.on for you to submit an j application for site plays review to the City of Clearwater Department of Planning and Development on or about August 3, 1992 for site plan amendment so long as it is understood that the ajipiicatlon shall be for a minimum of. 60 multi-'family units on the site and upon the condition that at any time prior to the action on such application, I may elect to withdraw the same if I am unsatisfied with the plan presented or if we are unable to execute and deliver a satisfactory contract fur purchase and sale of the property by August 10, 1992. It is my understanding that your submission is on the basis of the plan entitled " PROPOSED ? CONDOMINIUMS AT CLIPPER COVE ISLAND ESTATES CLEARWATERi FLORIDA" dated July 14, 1992 prepared by Peter Marich Architect, Inc., and the application attached hereto as Exhibit A. ? Sincerely, David T. Chase By Cheryl Chase Freedman His Attorney-in-Fact -f By Power of Attorney Dated May 28, 1992, Copy Attached OTC/dmd cc: Richard B. Steele Jonathan A. Melli'tz Timothy M. Donahoe li f E 'I A 0 mi D; J 1 ZUNI S1 -ND ES '1"c -0 90-- A-11S- - IFF. POINT CONDO. 19 -123 S. CONDO II 3 - 79 91A • ?s ;? ; i;.c OND 40 C 35 SKJFfi P0?? oa a :v. POO% 1)p 30 I EW CONDO GON 5 1 SEA ISLAND APTS 3? 15 333 ISLANE 'CONDO. I 2-84 AY CO ND( OLPFIIN APTS. ISLAND '45-72 MOORINGS PoNDO• 2-96 t R-'M CONDO. I0e } ;' p 13 ''? ?e SL N 24 BAY ISL E T T S "CONDO. 0} A -row, p 9 RM 28 trti ? ?pCAh, a4LPH1N COVE oi 3gNo0 /? Pp ooNDO, • , ?6 ?I ?r 20-56'. THE VILLAGE N? tz., ISLAND ESTA 0oR`f?FASSAGE Q CONDO/ ? ass ?w 13.01 M` 42 V 32 z v M6B w d ?f 30 u • . 13.02 % ML III - 4 L ??.? 42'2 S o J x 41 VI c 19? 13 DW I I a a "` ti o a 7- a 3 4 b o e ?I m o i s O ?,35-1 55-8 XI IAL1313,051 k 0 ti N 'A? y3aog LsLLnh?h A? y SILL • U.1 bL 'S 'rti O Qr ro ? F 21 BM u •.fi' ? ? ? C7 ... rl•. ?e u 1 e- •• a . r In b 3 ,.,.71j 7?7yx I uL - O y ••? y t, • swY 23(el 114 e ?(zny3jH Ou" ?? ! i T -IF-i- 4-- i • •.frT.V_••r•`•.x.x-?.:.?y-rra??nasvw..?r. s.s:r.O .f ? ? s; ? ._ _ _ ? - -ot ?? 0 i , I ; t AUG -? 5.1992 ?• r J ces r7 (? Ub 1 d DOCUMENT CONTROL SHEET DEVELOPMENT REVIEW COMMITTEE ?}? r? PROJECT/LOCATION: Clipper cove II (AKA Dayview Towere, Islander), located at the Northwout Corner of Dory Pasnage Way on Inland EetaLea. DRC Meeting Date: August 13, 1997 1. JAMES M. POLATTY, JR., DIRECTOR OF PLANNING & DEVELOPMENT 2. VIC CHODORA, BUILDING OFFICIAL """'""""'•M?~~ 3. DON MEERIANS, TRAFFIC ENGINEER ` t 4. J. TERRY NEENAN, GAS DEPARTMENT ? ?+ G1 fl fl P D.c•1 a C1>3 Q ;•' 5. CECIL HENDERSON, ENGINEERING 6. TOM MILLER, ENVIRONMENTAL 7. REAM WILSON, PARKS & RECREATION DIRECTOR A •t. C, 0 ell c3 CFj: 0 AZ G f !S Li GO C D G tip L- n oz 11 J%YR C ? JP' WPIC-$ 701 FILE; 8. JAMES GOODLOE, FIRE MARSHAL 9. SANDRA GLATTF#ORN, SENIOR PLANNER 10. LOUIS R. HILTON, PLANNER II, PLANNING & DEVELOPMENT 11. TED CLARKE, PLANNER II, LONG RANGE PLANNING 12. PAT FERNANDEZ, STAFF ASSISTANT III (CONTROL SHEET ONLY) Date received by Planning and Development Office: August 4, 1992 Date of distributions August 5, 1992 Remarks: This site plan has been completoly redesigned since ite initial review by the City Commission ruviuw, October 1, 1987. The City Commission will review thin preliminary uito plan at its Suptumber 3, 1992 meeting. At this point in time, it is expuc;tud thu City Commiuuiun will authorized the DRC to review a final site plan for evttitlaation. GOPIKS AUX DX FILET IN THE OFFICE OF .. PLANNING & UMVELOPMENT 8am8732.lrh i i .i - f, f .? ??+ .:' :r I,IMIIIII._ CLEARWATER CITY COMMISSION 4 Agenda Cover Memorandum item Meeting Date: 3192 TE Subject: Site for New City Hall Recommendation/Motion: Authorize staff to proceed with plans for locating a new City Hall on the current City Hall site and to advertise the RFQ for a design-build contract for construction. ? and that the appropriate officials be authorized to execute same. BACKGROUND: At the August 31, 1992 worksession, the Commission was presented with 8 conceptual site layouts as alternatives for construction of the new City Hail. The majority of the Commission favored developing this project on the current City Hail site and directed an item be, brought forth at this meeting to formally authorize staff to proceed. It is staff's recommendation that the "Design-Build" methodology be incorporated in the accomplishment of the project. This methodology would include the following structure and sequence: 1. A Request for Qualifications (RFQ) will go out to the design and construction community describing our project and inviting design-build firms or temporary partnership to submit material identifying themselves and their experience, both as to the construction of similar facilities and their experience in design-build scenarios. Time f=rame: 3-5 months 2. A short list will be prepared and four selected firms will, upon examination of our comprehensive project description, make individual presentations adequate for the City to fully know what the building will look like, what the site plan will look like, and what the building will cost. Renderings and models will be included in these presentations. Time frame: 2-4 months 3. One of the presenting firms will be selected, a contract will be awarded, and work will begin on the project. The project will, in effect, be designed by the builder and built by the designer, with various detailed construction drawings prepared in sequence as needed to accommodate the actual work. The contractor and architect are compensated on a lump-scam basis, and the building costs are agreed upon by contract. The project can not exceed the contract figure. Time frame: 18-30 months Reviewed by: ' Legal N /A Budget N 4A _ Purchasing .,?..?NIA .` Risk Mgmt. DIS N/A ACM Other 411il Sub0tted by: Originating Dept.: Administration User Dept.: Advertised: Date: Paper: Not required Affected parties ? Notified f,;6 Not required Costs: _ N /A Total Current FY Funding Source: Capt. imp. U Operating C_I Other Appropriation Code: Com fission Action; pproved ? Approved wlconditions Denied 1-1 Continued to, Attachments: X None N ?f t = S 1 + MITMORANDIM Qq TO: + The City Commission FR01V1: Michael L ht, City Manager SUBJECT: City Hall DATE September 3, 1992 At the August 31, J992 Work Session, I indicated the price of the Sun Bank building had .lowered to $8.8 million, which is $1 million less than the previous price. L I recognize the City Commission has made a decision not to pursue the purchase of the building for a variety of reasons. I am not trying to argue with your collective judgement, however, changing circumstances and subsequent decisions that have been made are sufficient enough that I feel an obligation to bring to you the $8.8 million offer and recommend a counteroffer price in the $7.5 to $8.0 million range. This is my rationale: w Upper portion of the current city hall site is approximately 120,000 square feet with dimensions of 300 feet along Osceola Street and 400 feet along Pierce Str?:t. • Using an average of 350 square feet per parking space, which includes circulation area, a 400 car garage will require 140,000 square feet of surface area. Assuming we construct a two story garage, that means we must excavate whole at least the size of the Bilgore property to a depth of 26 feet below the existing grade. The current city hall building is'32 feet above sea level and the tennis courts are five feet above sea level. In other words, the bottom floor of the below ground parking garage is approximately equal to the existing parking lot west of city hall. The total excavation would be in excess of 4;000 large dump truck loads of dirt. • The building could have a foot print of 170 feet by 200 feet, or 34,000 square feet, ,or twice the size of the Sun Bank building. A three story building would have 102,000 square feet and a four story building would have 136,000 square feet. Both would fit under the building height limit. i I ? 1 S w i? S ¦ "M 1 t' 0 M. ! / `e ?(?7U _• The staff believes a conservative budget for a npw building is as follows: 130,000 sq. ft. 100,000 sq. ft. building building (1) Demolition of existing building and utility work (CDM estimate) $ 700,000 $ 700,000 s (2) 400 car parking garage underground ` s construction, 57,000 per space 2,800,000 2,800,000 (3) Building construction ® $64 's per.square foot (recent state office j , building cost) 8,320,000 6,400,000 (4) Architect and Engineering Fees 830,000 640,000 (5) Rental costs for 18 months for }. existing city hall employees _3001 000 300.000 Total $12,950,000 $10,840,000 s The current asking price for Sun Bank is $8.8 million and I believe, with Commission commitment, it can be purchased for less, With an $8 million :. purchase price, adding $600,000 for build out and subtracting a conservative $2.4 million from net cash flow of existing leases, the actual cost of the building will be approximately S6,2 million, i `., . • Purchase of the building will allow the annex to be immediately vacated. If f we rent space to house the annex employees, those costs will range between $400,000 and $500,000 per year. Regardless of which course of action is taken a city hall can be financed without a , referendum, according to the city's bond counsel. Financing costs per $1 million are .?,_' c??.imately $90,000 per year for 20 years. In other words, a $10 million building will . , cost $900,000 per year. The proposed 1992-93 capital improvement budget has $9.7 million allocated for city hall. . Additional funding sources will need to be identified if the city continues with the . construction option. 74:,.ase advise if I can-provide additional information. ' .• z F 4 l'A ! is F c 1 j 4 ..... ....,.. . - .. I `f % 61 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: M. A. Galbraith, Jr., City Attorneyj,4j RE: Maas Brothers Building/Florida Gulf Coast Art Center, Inc. (Ordinance 5283-92) DATE: September 3, 1992 Here is the most recent version of this ordinance. Although we will be adding a description of the arts facility and a legal description of the property between now and second reading in two weeks, this ordinance is ready to go for first reading tonight. Here are a few of the highlights: --On page 2, subsection (b) near the bottom of the page contains language which is intended to mean that the 28-foot elevation line will not limit their ability to build where the existing building is now. --On page 3, we have revised and added language relating to parking and access easements, and drainage and retention easements. This language is deliberately flexible. --At the top of page 4, we added a new provision for an extension of time, but not more than a one-year extension, when necessary for reasons beyond the control of the Center. --The tax-exemption provisions and reverter clause have been revised. --The ballot question has been revised. It contains exactly 75 words if "City-owned" is counted as two words. We deleted various provisions that 4rere discussed on Monday. We also deleted the non-assignability and fee-in-lieu-of-taxes provisions because of doubt on our part that you wanted to include them, but they are prepared as motions to amend the ordinance and you can put either or both provision back in by adopting the appropriate motion. Copies of the motions are also enclosed. Mr. Mariani indicates that the Center may have another proposal for you to consider as an alternative to the 'fee-in-lieu-of-taxes provision. If you wish to make changes to the ballot question, please call me in advance of the meeting tonight if you wish any assistance in meeting the 75-word limit. MAG:a Enclosures Copies: Michael Wright, City Manager Cynthia Goudeau, City Clerk Tim Mariani, Esquire (via Fax) I F X r r i e' +DS? ' 1a Z ORDINANCE NO. 5283-92 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, PROVIDING THAT A PORTION OF THE ."MAAS BROTHERS PROPERTY" BE SOLD FOR $750,000.00 TO THE FLORIDA GULF COAST ART CENTER, INC., TO BE DEVELOPED, MAINTAINED, AND OPERATED AS AN ARTS FACILITY, AS DEFINED HEREIN; DECLARING SUCH PROPERTY TO BE SURPLUS AND NO LONGER NEEDED FOR PUBLIC USE; PROVIDING FOR USE RESTRICTIONS AND A REVERTER CLAUSE; PROVIDING FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 3, 1992, IN CONJUNCTION WITH THE GENERAL ELECTION IN ORDER TO SUBMIT THE PROPOSED SALE TO THE QUALIFIED VOTERS OF THE CITY FOR APPROVAL; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 2.01(4) of the Charter of the City of Clearwater provides that no real property shall be given away or donated without the prior approval of the qualified voters of the City at referendum, and that the real property must be declared surplus and no longer needed for public use at an advertised public hearing; and WHEREAS, the Florida Gulf Coast Art Center, Inc., has proposed to construct, maintain, and operate an arts facility, as described herein, to be located on a portion of the "Maas Brothers" property at Cleveland Street and Osceola Avenue, to be purchased in accordance with the terms set forth in this ordinance; and WHEREAS, the establishment of an arts facility at this location is consistent with the recommendations of the Maas Brothers Task Force; and WHEREAS, the City Commission finds that the sale of the property to the Florida Gulf Coast Art Center, 'Inc., for the purpose of establishing an arts facility, as described herein, would be in the best interest of the residents of the City and would serve a proper public purpose; and WHEREAS, the`City Commission finds that the purchase price set forth herein r is a fair price for the property, considering the use limitations to be imposed upon the property, the right of reverter to be retained by the City, and other considerations; and WHEREAS, the City Commission further finds that a sale of the property to the highest competitive bid above the appraised value would not necessarily be in the public interest, and desires instead to proceed as if the property were being given away or donated subject to the approval of the voters of the City at a referendum to be held for such purpose; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section I. The eastern half, more or less, of the property known as the "Maas Brothers" property, as described more particularly in Exhibit A to this ordinance (which eastern half, more or less, is referred to herein as the "Property"), consisting of approximately 85,125 square feet, is hereby declared to be surplus and no longer needed for public use. Section 2. The sale of the Property to the Florida Gulf Coast Art Center, Inc. (the "Center"), for the sum of $750,000.00 is hereby approved subject to the following terms and conditions, which shall be incorporated in the contract for sale and purchase of the Property, shall survive closing, and shall be incorporated in the instrument of,conveyance as covenants and restrictions to run with the land and be binding upon heirs,,successors and assigns of the Center: (a) The Property shall be used as an arts facility, which is defined to mean [insert or attach a definition or description of the facility], and for no other purpose. The first draft of this definition or description will be prepared by the Center, and will include all primary and incidental uses to be allowed, such as a civic room with food service and dining facilities. (b) The City shall demolish the existing building on the Property at the City's expense prior to closing. Notwithstanding the demolition of the building, the Center shall have the right to construct its building on the whole Property subject to applicable setback, open space, vista, and other requirements of the !?_ City's Code of Ordinances. (c) The development of the Property by the Center shall be subject to the 2 1' applicable ordinances of the City, and the site plan shall be subject to review and approval by the City Commission, in the same manner and subject to the same rules which apply to similarly situated properties. The site plan shall include, but not be limited to, the following: 1. Provision for all of the Center's required parking on the site, and provision for access and parking easements to and from other parking facilities which may be constructed on adjacent properties, to be granted by the Center to the City, matched by similar easements to be granted by the City to the center, to accommodate reciprocal and shared usage of on-site and off-site parking facilities by the Center and its employees and patrons and by the general public; 2. Provision for retention of stormwater as required by the City for new developments, which may include on-site and off-site drainage and retention easements to be established as part of a master drainage plan for the City-owned property north of Cleveland Street and west of Osceola Avenue, as may be approved by the City; and 3. Provision for a civic room/auditorium to-be not less than 350 and not more than 500 seats. (d) The Center shall observe the following schedule: 1. The closing on the sale shall be not later than November 3, 1994. 2. A complete and acceptable application for the building permit for the 1 building shall be filed with the City not later than November 3, 1995. "Complete and acceptable" means that the application is complete in all respects and accompanied by plans which comply with the requirements of the Clearwater Code of Ordinances, all fees have been paid, and any variances or approvals of other governmental agencies, if any are required, shall have been obtained. i 3. Construction of the building shall commence within six months of issuance of the building permit, and the construction shall be prosecuted to completion such that the certificate of occupancy shall be issued not later than 3 om November 3, 1997. 4. The Center and the City shall agree to reasonable extensions of time when necessary for reasons beyond the control of the Center, provided that such extensions shall not extend the deadline for issuance of a certificate of occupancy beyond November 3, 1998. .(e) The Center shall cause its financial records to be audited annually, and shall provide a copy of the audit report to the City not later than December 31 each year. (f) The Center is a tax-exempt organization pursuant to Section 501(c)(3) of the Internal Revenue Code of the United States, and has represented to the City that it intends to retain its tax-exempt status indefinitely as an inducement to the City to adopt this ordinance and enter into the contract for the sale and purchase of the Property. The Center has further represented to the City that it intends to develop, operate, and manage the Property so as to qualify for exemption from property taxes. The loss of such tax--exempt status, from income taxes or property taxes, shall constitute a material breach of, these covenants and grounds for the City to invoke the right of reverter retained by the City, unless the loss of tax-exempt status is due to reasons beyond the control of the Center such as changes in federal or state tax law. Nevertheless, in the event of loss of such tax-exempt status, the Center shall pay all such taxes when due and shall not permit any tax to become a lien upon the Property or any improvements thereto. It is understood that the Property shall not be exempt from special assessments, if any, which may be levied for improvements benefitting the Property. (g) The City retains a right of reverter which may be invoked, at the option of the City, at any time upon violation or noncompliance with the covenants and restrictions of the Center set forth in this section, following notice of such violation or noncompliance to be given by the City to the Center i i 4 and a reasonable opportunity for the Center to take curative action." The right of reverter shall be superior to all liens and encumbrances and shall not be subordinated by the City to any other lien-or encumbrance, except tax liens. It is the intent of the parties that, in the event of such reversion, the Property shall return to the City free and clear of encumbrances upon the Property and any improvements thereto. Section 3. In addition to the terms and conditions set forth in Section 2 above, the sale shall be subject to the terms and conditions of a contract for purchase and sale to be entered into between the City and the Center not later than September 30, 1992, the original of which shall be maintained on file in the Office of the City Clerk. Section 4. The proposed sale shat l be subject to approval by the 'quaff if ied voters of the City. A special election for such purpose shall be conducted on Tuesday, November 3, 1992, in conjunction with the general election, and the proposed sale shall be deemed approved upon the affirmative vote of a majority of the voters of the City voting at that time upon the following ballot question: CITY OF CLEARWATER, FLORIDA REFERENDUM QUESTION City of Clearwater Ordinance 5283-92 proposes to sell the eastern portion of the "Maas Brothers" property, after demolition of the building by the City, to the Florida Gulf Coast Art Center, Inc., for $750,000.00. The property shall be used only as an arts facility, as defined in the ordinance, with a right of reverter to the City. The proposal includes access, parking and drainage easements over nearby City-owned property. Shall Ordinance 5283-92 be approved? Yes (for the sale) No (against the sale) 11 5 4 Y s i c; 4 k f ? T Section 5. This ordinance shall take effect immediately upon adoption, except that the proposed sale of the Property shall be subject to a contract for sale and purchase to be entered into between the City and the Center, and shall be subject to approval by the voters of the City as provided in Section 4. Section 6. This ordinance shall be recorded in the public records of Pinellas County, Florida, following approval by the voters of the City as provided in Section 4. PASSED ON FIRST READING " PASSED ON SECOND AND FINAL. READING AND ADOPTED F f Rita Garvey tq,r ,. Mayor-Commissioner Attest: iApproved as to form and correctness: a Cynthia E. Gou eau M. A. Gal raft ,. Jr. City Clerk City Attorney ., F t 0 6 , E; . s , d 1 MOTION TO AMEND ORDINANCE 5283-92 On page a, insert a new subsection (f) to read as fol laws, and .renumber the existing subsections: ' to the City, not later than April (f) The Center shall pay 1 each year, beginning with the first April 1 after closing, a fee F in an amount equal to the city real and personal property taxes that would otherwise be levied upon the property and improvements thereto by the City for each year that the Property is exempt from property ' taxes. For the first payment, the fee shall be prorated from the date of closing. The fee may be discounted pearly-payment same rate and according to the same discounts of property taxes from November through February as provided by Section 197.162, Florida Statutes (1991), and amended and successor provisions thereto in effect at the time of payment. s . l Y r 1 , 'h • F s? I ? ?-' ESQ. 1 t c / x: i z f { MOTION TO AMEND ORDINANCE 5283_92 On page 4, insert a new subsection existing subsection ho read as full s: y" ows, and renumber the k91 ? The Center may not . any of its rights under this ordinance, ornthyer transfer or encumber contract and sale of the property or any of its rights thereu de purchase Property or any rights therein, without the express prior c or the the City. The conversion of the corporate status ofth f of a n Center from a corporation not-for profit to a corporation for rof rom nonstock nonprofit corporation to p it, or from a corporation, sha l 1 require' notice to and theo approva l share nonprofit rCity t prior to such conversion. ]f s s ?-} t ' 3z . i a` 1 ko . in .1? -0 MOTION TO AMEND ORDINANCE 5283-92 On Page 5, insert a new sub-section (g) to read as follows, and re- number the existing sub-sections: 1_q).. Beginning. with the month of January, 1993 and ending on the month prior to closing, the Center shall a to the qLt the sum of One Thousand Five Hundred Dollars _L$1,500.00) on or before the 15th day of each month during such term. The monthly Payments from the Center to the City shall be nonrefundable and shall be raid as additional consideration over and ahnvp t--hp Anven ase lcet s aas its to close the purchase of the Pro ert thereby terminating the contract. In no event shall the sum of all payments made under this sub-section exceed Thirty-Three Thousand Dollars _ { S33 , 000.00) . f, } ? t t ' f ! is r I' ! s • ga. t- j_ 1 t gEl1lR? i t ' Clearwater City Commission Meeting Dat 0 03 9 Agenda Cover Memorandum rEW L.,,D SUBJECT: Amendment to Chapter 146, Flood Protection of the City Codes of Ordinances, redefining the time limit of cumulative total for definition of substantial improvement to Clearwater Beach and Sand Key. RECOMMENDATION/MOTION: Approve the amendment to Chapter 146 concerning Flood Protection and pass Ordinance #5265-92 on first reading. ® and that the appropriate officials be authorized to execute same. BACKGROUND: A change is being proposed to change the one year time limit in the definition of "Substantial Improvement" to five years for Clearwater Beach and Sand Key only, to conform with the revisions of State Statute 161.54. During the last legislative session the State of Florida passed a bill specifying a five year time limit for determining the cumulative cost of improvement in determining what constitutes substantial improvement. The new law applies only to barrier islands. A structure which has reached substantial improvement cannot be further improved unless it is brought into compliance with all other parts of Chapter 146, City Code of Ordinances, including raising the lowest habitable residential floor above base flood elevation. The owner's other option is to wait until the expiration of the time limit specified in the definition of "Substantial Improvement". This proposed change would use a five (5) year period for all applicable construction costs to determine when the substantial improvement is reached. The value of the structure at the time of the permit request is used as the baseline for determining substantial improvement. The amendment proposes to change the time limit for Clearwater Beach and Sand Key and leave the other special flood hazard areas in the City at a one (1) year time period. The Planning and Zoning Board unanimously recommendedghe proposed ordinance at their meeting on August 18, 1992. Reviewed by: L l O(L Originating Dept: l t Pl i & D Costs: _S N/A Total Camission Action: ? ega _ ann ng eve Approved o? , Budget HIA Purchasing N1A $ NIA ? Approved Niconditions Risk Mgmt. N1A_ user Dept: Current Fiscal Yr. 13 Denied cis ACH ?-- Funding Source: ? Continued to: other © Capital Imp. Advertised: © Operating Attachments: Date: other ordinance No. 5265-92 Paper: ? R d i equ re Not S by Affected Parties ? None ? Notified Appropriation Code: -City no © Not Required 0 Pried on recycled paper 3 r1o 11 ORDINANCE NO. 5265-92 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO FLOOD PROTECTION; AMENDING SECTION 146.004, CODE OF ORDINANCES, TO REVISE THE DEFINITION OF ' "SUBSTANTIAL IMPROVEMENT" IN ORDER TO COMPLY WITH FLORIDA LAW RELATING TO THE LENGTH OF TIME IN WHICH CERTAIN COSTS ARE TO BE ACCOUNTED FOR AND LIMITED ON CLEARWATER BEACH AND SAND KEY, BUT NOT IN OTHER AREAS OF SPECIAL FLOOD HAZARD WITHIN THE CITY; PROVIDING, AN EFFECTIVE DATE. WHEREAS, the definition of "substantial improvement" in Section 161.54, Florida Statutes, has been amended by the enactment of House Bi 11 101 by the 1992 Florida Legislature, which will take effect on October 1, 1992; and f WHEREAS, pursuant to the amendment, the costs of repair, reconstruction, or other improvements to structures in the coastal building zone must be accounted for and are limited during any five-year period; and WHEREAS, the islands of Clearwater Beach and Sand Key are in the "coastal building zone" as defined by state law in Section 161.54, Florida Statutes; and WHEREAS, it is necessary to amend the definition of "substantial improvement" in the flood protection ordinance of the City to eliminate an inconsistency in the length of time during which certain costs are to be accounted for and limited on Clearwater Beach and Sand Key; now, therefore, ,y BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Subsection (1) of Section 146.004, Code of Ordinances, as amended by Ordinance 5124-91, is further amended to read: i Section 146.004. Definitions. As used in this chapter: "Substantial improvement" means: (1) (a) With respect to any property located on Clearwater Beach or Sand Key, any repair, reconstruction, rehabilitation, addition, or other n 0 r7o s: improvement of a structure during a five 5 one (1) year period, the cumulative cost of which equals or exceeds fifty (50) per cent of the market value of the structure before the start of construction of the improvement;`or (b) With respect to any property located in an area of special flood hazard other than on Clearwater Beach or Sand Key, any reconstruction, rehabilitation, addition, or other improvement of a structure during a one (I) year period, the cost of which equals or exceeds fifty (50) percent of the market ,value of the structure before the start of construction of the improvement. Section 2. This ordinance shad take effect October 1, 1992. PASSED ON FIRST READING PASSED.-ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Attest:, Approved as to form and correctness: Cynthia E. Goudeau M. A. Galbrait Jr City Clerk City Attorney i? ,, ,{ F 1 € t F f E \F CLEARWATER CITY COMMISSION Agenda Cover Memorandum SUBJECT: Roll-Off Container Ordinance Revision rll ?I 9/3/92 RECOMMENDATION/MOTION: Approve amendments to the roll-off container provisions and pass Ordinance No. 5219-92 on first reading BACKGROUND: Clearwater has in force an ordinance governing the policies and procedures for permitting private hauling companies to provide roll-off service within the city limits of Clearwater. The code governs application procedures, fees, liability insurance and penalties for failure to comply. The ordinance, in its present form, has been misinterpreted by many, of the permittees who have not been paying the 15 percent fee for open top construction roll-off containers placed in Clearwater. As a result, we have been losing revenue. In the past, the Solid Waste Division has been limited in its ability to maintain adequate surveillance over the construction roll-off portion of the permit due to the highly transient nature of the business and has not been able to effectively enforce the ordinance. Now that we have radios in all Solid Waste vehicles and a more responsive permitting procedure through the Planning Department's central counter, we have a means for maintaining better surveillance over the placement of construction roll-offs within the City and will be in a much better enforcement posture. The ordinance revisions recommended for adoption tighten the language governing all roll-off operations within the City, specifically include construction roll- offs, eliminate the need for surety bonds and eliminate areas for misinter- pretation of fee requirements. Reviewed by: Originating Dept. Costs: N/A Commission Action [ L l Public Works ( (Current FY) afd. Approved ' ` ega i Budget N/A = User Dept. Funding Source: Approved w/conditions Purchasing A L Capt. Imp. !! Denied f Risk Mgmt. ` Advertised: Operating Cont'd to DI5 H A ; Date: i Other _ ; ACM N/A Paper: .- Appropriation Code(s) , Attachments: other Not required X ordinance No. 5219-92 Su itte y: ,Affected parties : notified x City M n e ' Not required m D E ORDINANCE NO. 5219-92 f. ' AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO UTILITIES; AMENDING SECTIONS 54.20 THROUGH! 54.22 AND 54.24 THROUGH 54.26, CODE OF ORDINANCES, TO PROVIDE THAT THE PERMIT AND FEE REQUIREMENTS FOR ROLL- OFF CONTAINER SERVICE APPLY TO THE PLACEMENT OR SERVICING OF ROLL-OFF '7NTAINERS WHETHER INSTALLED PERMANENTLY OR TEMPORARIL;,'IJITHIN THE CITY, TO INCREASE THE PERMIT FEE FROM $5.00' TO $50.00; TO DELEGATE TO THE CITY MANAGER THE AUTHORITY TO APPROVE PERMIT APPLICATIONS, AND TO REVOKE OR SUSPEND SUCH PERMITS; REPEALING SECTION 54.23, RELATING TO SURETY BONDS; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Sections 54.20 through'54.22 and 54.24 through 54.26, Code of Ordinances, are amended to read: Sec. 54.20 64--20, Required. A permit is required der this r-tiele-for persons placing or servicing r roll-off containers, whether installedpermanentl_y or temporarily, within the city f a t f Sec. 54.21 -54 2-1:. Application. Every person required to procure the permit provided for in section 54.20 shall submit an application for such permit to the director of public works }ter-i tende?* rtl The application shall: (I) 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 chapter; (3) Be accompanied by a-permit fee in the amount of the fu-1-1 amr-Pt-e-f 4- -r -the fee eha-r-geable-fr--per;g}n-?=t e Pew ' fifty f4-yo doll ars ($50.00 "G); (4) Be submitted to the city manager by the director of public works FAI r r n? w together with all pertinent information required in this chapter, in order that a determination 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(s) #a% of employee(s) 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 a partner or director of the applicant, then each such employee shall mum complete a city police department background information report, executed under oath, and submit to a background investigation, photograph,-and fingerprints. (7) Contain the following additional information: a. Number, type and size of waste collection vehicles in use to be ; b. The number of employees te-h e assigned to each waste collection vehicle; C. The name and location of every establishment in the city. including short-term construction sites, eammer-coal and indust-rial-estabi4shments where roll-off containers are to be placed and serviced by the applicant. l t? t? Sec. 54.22. Prerequisites to issuance. In determining whether or not a permit for the placement-or servicing of roll-off containers should be issued, the city manager eemmissieR shall consider and base his 4t-& decision on the following: (1) A review Rey-iew of the material submitted pursuant to section 54.21 54.22 ; 2 R 0 (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 s*e} applicant; (4) The certificate of approval of the director_ of _puhl•ic works f to the effect that the applicant has satisfied the following: a. The adequacy of the equipment to be used, b. That the applicant has agreed to remit to the city each month a fee calculated in the following manner; Fifteen (15) per cent of the gross revenue billed r^,Q by the applicant from the installation or servicing of roll-off containers within the city for the preceding calendar month, including roll-off containers installed permanently and temporarily, and has agreed to furnish a duplicate copy of the applicant's monthly billing; C. The applicant has agreed to make all books and records applicable to the business conducted under the permit FequiFed by seetion 54.20 available to the city or its designee 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 permit are covered by workers' compensation insurance. Sec. 54.24. Liability insurance. The holder of a permit issued under this article shall maintain in effect k4 at all times public liability insurance in the minimum amounts of five hundred thousand dollars ($500,000.00) ?xVV7IUfl.-00) single-limit 09.99) for personal injuries in-jupy arising out of one occurrence and one hundred thousand fifty thousand dollars ($100,000.00)_ ($68;909-.N4 property damage, and shall 3 f F 1 ?S 11 ?i .R r• ¦ furnish the city a certificate evidencing such M-r, insurance. The city shall be named as an additional insured under such insurance. The permit holder shall furnish a certificate or certificates of insurance demonstrating compliance with the requirements of this section. Sec. 54.25. Termination, denial and renewal; restrictions on issuance or renewal. (a) All awl permits under this article shall be valid for not more than one 1 year and shall terminate on September 30 of each year +he las v nb-re-e a. of the f !sea! year of the eity, er at smeh time as the eity aequ4res -to ealleet, remeye or dispose of a!! aecufRulatiens. (b) Each permit holder shall make a written application for renewal on forms provided by the director of public works on or before October first of each calendar year, which renewal application shall update the information provided by eantaitsu tan the same infer-matien as the initial application and shall be accompanied by a fee in the _amount required for initial applications the required fee. (c) Applications for renewal shall be processed in the same manner as an initial application. (d) No permits required by this article shall be renewed, 4raluding these outstanding befz !, -19 ,- and no new sue# permit shall be issued to any persons unless the director of _public_ works -.4perinten end--of---san4tarien 1s determines that the city is unable to collect, remove or dispose of certain garbage, rubbish and other accumulations. In such case, he then shall submit his written findings to accompany the applications and such findings shall be considered in this issuance or renewal process. (e) Such permit may be terminated or denied by the director of-public works but only after the procedure set out in 4 lim 0 section 71.12(9) of the Clearwater Code of ordinances has been followed. (f) The granting or renewal of a permit pursuant to this article shall not be construed as a grant of a franchise or of vested rights. Sec. 54,26.• Revocation or suspension. The city manager after affording the permit holder notice of the charges and opportunity to be heard with respect to any revocation proceedings, may, if the city manager 4-t- finds this chapter to have been violated or that false statements were made on any application or application for renewal or on any submittal required by this article by the permit holder, agent or employee, revoke the permit in its entirety, suspend the permit for a stated period of time, place the permit holder on probation, or place other conditions thereon as the city manager eemmi-ssice,finds necessary. Section 2. Section 54.23, Code of Ordinances, is hereby repealed. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Attest: Cynthia E. Gnu eau City Cleric Rita Garvey Mayor-Commissioner Approved as to form and correctness: M. A. Galbraith, Jr. City Attorney s 5 i f I 1 +f 5 i APPOINTMENT WORKSHEET cot K I FOR COMMISSION MEETING S . 3 1 2 APPOINTMENTS Agenda # f 7cl THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW . , Date of Original Attendance Willingness Name-Address-Phone Anpointment Record To'S rve 1. Paula Boulton (exp 9130192) 1986 NA NA Person appointed for this seat will begin term 1011192 and run to 9130195 2. Vacancy - Charles Wood passed away Person appointed for this seat will begirt term immediately and run to 8131195 THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES- Name-Address-Phone Submitted By Comm n -Rely ed Ex eri nc Etc. 1. Stephan Guss self Self-employed/owner cleaning co„ 1536 S. Hillerest Ave., 34616 exp. in communications field H:443-2587 2. Bernard Panush self Past member LIB 19029 US19N, #1-18, 34624 H:536-7432 BOARD: Parks and Recreation Board MEMBERS: 9 TERM: 3 years CHAIRPERSONS?: Suzanne Claessens APPOINTED BY: City Commission MEETING DATES: 4th Monday, 7:30 p.m. RESIDENCY REQUIREMENT: City of Clearwater APPTS. NI~EDED; 2 FINANCIAL DISCLOSURE: Not Required DATE APPTS. TO BE MADE; 913192 REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. ? - ---- - ?x} C C, I -F F' ( A, 1 N APPOINTMENT WORKSHEET FOR COMMISSION MEETING Se . 3 1992 APPOINTMENTS, Agenda -r73 BOARD: Clearwater Housing Authority MEMBERS: 5 TERM: 4 years CHAIRPERSON(S): Howard G. Groth APPOINTED BY: Mayor, Approved by City Comm. MEETING DATES: 4th Thursday FINANCIAL DISCLOSURE: Required PLACE: Robert H. Levison Community Center RESIDENCY REQUIREMENT: City of Clearwater APPTS. NEEDED: 1 SPECIAL QUALIFICATIONS: One member must be DATE APPTS. TO BE MADE: 913192 a Public Housing Resident (effective 1011184) THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. Date of Original Attendance Willingness Name/Address/Phone Annointment Record To Serve 1. Katharine Griffith (exp 9126192) 1980 15 mtg period YES 1235 S. Highland Ave., /#107, 34616 attended all but 1 excused THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: Name/Address(,Phonq Submittgd by Comments/Related Exnerience._Etc. 1. Mark Hatoun self Engineer w/Pinellas County 303 Cedar St., 34615 H:442-0761 W:462-3765 2. Nicholas Kudlicka self Self-employed - Potter 200 Starcrest #153, 34625 H: 441-8062 3. Curlee Rivers self Teacher 1341 Fairmont St., 34615 H:461-1793 0:449-0455 1 c?a?A- E r75 ORDINANCE NO.. 5267-92 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO FINANCE AND TAXATION; AMENDING SECTION 44.21, CODE OF ORDINANCES, RELATING TO EXEMPTIONS FROM THE PUBLIC SERVICE TAX; PROVIDING AN EFFECTIVE DATE. WHEREAS, the public service tax is authorized by Section 166.231, Florida Statutes, and it is necessary and desirable to amend Section 44.21, Clearwater Code of Ordinances, to eliminate certain inconsistencies between the ordinance and th'e statute; now, therefore, BE IT ORDAINED BY TIIE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 44.21, Code of Ordinances, is amended to read: Sec. 44.21. Exemptions. (a) The United States of America, State of Florida, and political subdivisions and agencies thereof are hereby exempted from payment of the taxes imposed by section 44.20. Such tax shall not apply to sales of bottled water. (b) There is excluded from the tax levied and imposed under section 44.20 the following: (1) Purchases of special fuels as defined in Section 206.86, Florida Statutes F,S.Ct7--W&; (2) The purchase of not more than five (5) gallons of fuel oil delivered at the seller's place of business into the purchaser's container of not more than five (5) gallon capacity; (3) The purchase of fuel oil or kerosene for use as an aircraft engine fuel_ or pro ellant or for use in internal combustion en clines 4n--0ie--propu1:t;4er- 8 ii p -i??a# et ease l? ; {Eiatar?l?aa ;--a i ? 1-a j?, ?-a44i-ead--t-ra4n5-anal-ok}ie"jied4-a t 3 e-f--ir tea n?per-?a?i en ; k (4) The purchase of natural gas or fuel oil by-a, public or private utility, including municipal corporations and rural electric cooperative 1 l s'? M associations, either for resale or for use as fuel in the generation of electricity; (5) The purchase of local telephone service or other telecommunications service for use in the conduct of a telecommunications service for hire or otherwise for resale. The Purchase of any item otherwise subject to the tax levied by section 44.20 by any recognized church for use exclusively far church purposes. Section 2. This ordinance shall take effect October 1, 1992. PASSED ON FIRST READING PASSED ON SECOND AND FINAL. READING AND ADOPTED i Rita Garvey ; At Mayor-Commissioner { test: i Cynthia E. Got eau City Cleric Approved as to form and correctness: M. A. Galbraith, .1 City Attorney 2 } t' 1 ? ?? -- qS7 TO: The City Commission MOM: Mayor Rita Garvey COPIES: Michael J. Wright, City Manager SUMECT: Commission Replacement DAB: August 28, 1992 On July 2, 1992, we received Commissioner Rogulski's letter of tosignatiun to run for county office as required by State taw. Since his resignation date is November 17th, a decision needs to be made as to the appointment of the individual who will be filling that position for the remaining six months of the term, Revemnd Walter Campbell has said that he would be willing to serve for those six months if appointed. Attached is a copy of his resume. x believe be would be a good choice for our City and encourage his appointment to the City Commission. I ask that the appointment of the City Commissioner be discussed at the August 31st WoFk Session. COPIES TO: attachmeat COMMISSION PRESS Date AUG 2 81992 CITY CLERK 4 R To: Mayor From: Rev. Campbell , CURRENT AFFILIATIONS, f PASMOR: Dayvi.ew Baptist Chu=ah PRESIDENT; -Clearwater/Upper Pinellas Branch N.A.A..C.P. VXCE-PRESIDENT: interdenominational. Ministerial Alliance of ` Upper Pinellas County 4 MEMBER: SunCoast Baptist Association MF..M?3Eit: Disaster Team for Clearwater Area Hospitals MEMBER : Florida - Baptist: Converrti.on MEMBER: Southern Baptist Conv4ntion MEMBER: Community Relations Board - City of Clearwater MEMBER: North Greenwood Association MEMBER: Blue Ribbon Task Force M City of Clearwater MEMBER: Vlori.da Farm Workers Committee MEMBER: Clergy Association of Clearwater MEMBER: Superintendent Minority'Advisory Committee of Vinellae County School. Board MEMBER: Sepia Inc. of Clearwater MMV3ER: 2inellas Democratic Party Executive Committee ; t E f • 3 S r . } I 1• • t F- y{?1 = f f CH RISTIAN EXPERIEN DATE OF NEW BIRTH: June 20, 1951 PLACE OF NEW BIRTH: Dixie, Georgia ORDAINED DEACON: July 10, 1960 SUNDAY SCHOOL DIRECTOR: 1958--1974 Mti• Carmel Baptist Church a CALL TO TH£ NINISTRYi February 17, 1971 _ PREACHED FIRST SERMONt February 4', 1971 t .` LICENSED: Maxch 4, 1971 ORDAINED PASTORATEa February 18, 1973 s ASSISTANT PASTOR: 1971 - 74 Mt. Carmel Baptist Church MINISTER OF YOUTH: 1973 w 74 Mt. Carmel Baptist Church PASTO E i • i . 1974 -Present Bayview Baptist Church 18't Pastor f. ' t OTHERS I 3974 - 1978 Evangelistic Ministries 1974 _ 1978: xrison Minister :. 19BO -- 1981: Baptist Campus Ministry ? f TOIL P.02 I! j r